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MTG MINUTESBuilding Standards -Design Control Subcommittee Meeting of December 28, 1972 Page 2 MOTION by Tonco, seconded by Simoneau, to recommend to the City Council approval of the request to construct an addition to an existing building with the following stipulations: 1. 10' radius on driveway in N.W. corner of site. 2. Change precast curb to poured 6"x18" concrete curb. 3. Stripe the parking lot. (10'x20' spaces) 4. Sod area on N.W. corner of addition and plant a tree. 5. Provide a site plan showing locating of blacktopping, additional parking, location of creek, and planting and green areas. Upon a voice vote, all voting aye, the motion carried unanimously. 0• 2. CONSIDERATION OF A REQUEST TO CONSTRUCT A PANCAKE HOUSE LOCATED ON THE SOUTH 204 FEET OF THE EAST 200 FEET OF LOT 3, BLOCK 2, EAST RANCH ESTATES SECOND ADDITION, THE SAME BEING 7730 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA 55432. REQUEST BY T & M GENERAL CONSTRUCTION CONSULTANTS, INC., 1275 KRUSE, WEST ST. PAUL, MINNESOTA 55118.) Mr. Claude Thorp, president of T & M General Construction Consultants, Inc., was present to present the request. Mr. Thorp said this was a Town Crier Pancake House. The front of the building will face East on University Avenue N.E. The exterior of the building will be white aluminum siding and the roof will have bright yellow shingles. He said there would be a redwood fence around the trash disposal area. Mr. Zeglen said 6"x18" poured concrete curb should border all blacktop areas. We require a 10' radius on all entrances. Mr. Zeglen asked the seating capacity of the building. Mr. Thorp'said they say 160 people but it figures out to about 135. Mr. Boardman said the City Staff needs the elevations of the parking lots. He also asked for some berming as noted on the plan. Mr. Zeglen asked for four more trees to be planted on the corners of the site. He also asked about security lighting. Mr. Thorp said they will use a minimum of 32 -.foot candles. He thought these would be gas lights that would be on 24 hours a day. These will be around the perimeter of the parking lots. ION by Simoneau, seconded by Tonco, to recommend to the City Council approval the request to construct a pancake house with the following stipulations: 1. 10' radius on all entrances. 2. Poured 6"x18" concrete curb around all blacktop. 3. Additional planting and berming as noted on the plan. 4. Submit drainage and elevation plan. I Building Standards -Design Control Subcommittee Meeting of December 28, 1972 Page 3 Upon a voice vote, all voting aye, the motion carried unanimously. ADJOURNMENT at 9:30 P.M. by Chairman Zeglen. Respectfully submitted, oc-, ,t/22 2e.t% Dorothy Eve son, Secretary r REGULAR COUNCIL MEETING, JANUARY 8, 1973 PAGE 13 RECEIVING PETITION #24-1972 REQUESTING VACATION OF ALLEY IN BLOCK 11, HYDE PARK: MOTION by Councilman Breider to receive the petition. Seconded by Councilman,Utter. Upon a voice vote all voting aye, Mayor Liebl declared the motion carried unanimously. The City Engineer stated the only other item in the minutes would be the mention of the Comprehensive Plan meetings of the Planning Commission. He said the tapes and slides would be received at a January 10, 1973, meeting and the Public Hearing meeting of the Planning Commission on the Comprehensive Plan would be on January 17, 1973. He added, any member of the Council or audience who wished to attend these meetings were welcome. MOTION -by Councilman 8reider to receive the minutes of the Planning Commission Meeting of December 20, 1972. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. i TROL MEETING The City Engineer said the addition would be similar to the existing building on Highway #65. Mayor Liebl said he had received a few calls from persons who are concerned if his plan included beautification of the area, such as was done by 1Qedtronics.. The.City.Rngineer said he had talked with Mr. Dick Johnson and he was sure that this problem would be worked out to the satisfaction of the property owners. MOTION by Councilman Starwalt to concur with the Building Standards Design Control Subcommittee and their stipulations. Seconded by Councilman Utter, Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously, V CONSIDERATION OF A REQUEST TO CONSTRUCT A PANCAKE HOUSE LOCATED ON THE 50UTH 204 PEET OF THE RART 200 FEET OF LOT 3, BLOCK 2 E9. CH ESTATES SECOND ADDITION, THE SAME BEING 7730 UNIVERSITY A N. E., FRTDLEY,' MINNESOTA 55432. (REQUEST BY T $ M GENERAL f'.[1NRTnTir.TTnN rnM.Q11T.TANTS_ TWr_ _ 1775 nRT1SE_ WEST ST. PAUL. MINN The City Engineer said the pian was to build a pancake house just north of Bob's Produce. He said the Subcommittee had recommended approval and he thought the building would be a presentable one. Cowilman Br9ider gsk4o which of the views on the plan on the easel REGULAR COUNCIL MEETING, JANUARY 8, 1973 PAGE 14 was the front of the building, and would .it be face brick? Mayor Liebl asked if there was an artist's drawing or photo for the members of the Council to see? There was not. He expressed concern at whether the exterior was to be of adequate materials. Councilman Utter asked if the aluminum siding would be adequate. Wayne Simoneau, 456 N. E. 57th Place, Fridley, said the aluminum siding was not used over a large expanse and was being broken up by windows and doors. He said in his opinion, it would look fine. He added, as long as the plans are up to the Minnesota code, there is not much that can be done to improve them aside from talking with the developer and coming to some agreement. Mayor Liebl asked if there were any other buildings in the area of similar construction, Mr, Simoneau said they have a Pancake douse on Normandale and I,#494 that is exactly like the proposed structure. Councilman Braider said both sides which will be faced with aluminum siding will be screened, Councilman Utter asked if there are plans for walkways on both the north and south sides of the building. MOTION by Councilman Praider to concur with the Building Standards Design Control Subcommittee and their stipulations. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. MOTION by. Councilman Utter to:receive the.minutes of.the Building Standards and Design Control meeting of.December 28, 1972. Seconded by Councilman Starvalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. #5-19 FOR COLLECT; Mayor Liebl called on the City Manager to explain the administrative procedures. Mr. Davis called the attention of the Council to the law suit against -the Metropolitan Sewer Board and the Metropolitan Council by Fridley and 14 other communities objecting to -the Service Availability Charge. He added, the City does not know how the law suit will turn out, but he said the City must collect the charges without/ remitting.them to the Metropolitan Sewer Board until the suit is settled. Councilman Nee asked if the money not needed will be refunded. The City Engineer stated it would. MOTION by Councilman Braider to adopt the Resblution #5-1973; administrative procedures for.collecting service availability charges as Metro Council defined. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the. -motion carried unanimously. # OF PLANS The City Engineer explained that water improvelpent project #109A was for the purpose of painting the Fridley Commons Park Water Plant, #1098 for the purpose of repair and painting of the � million gallon elevated tank in Fridley Commons, #110 for the purpose of cleaning and repair of . . the A million gall9n resgrv*gr, and 0111 for the repairs and improvements d, of Wells #34 #9, and tail. ' He added, all these matters are routine THE MINUTES OF THE REGULAR COUNCIL MEET M OF JANUARY 22, 1973. The regular Council Meeting of the Fridley City Council was called to order at 7:32.p.nt., January 22, 1973, by Mayor Liebl, PLEDGE OF ALLEGIANCE: Mayor Liebl led the Council and the audience in saying the Pledge of Allegiance to the Flag. INVOCATION: The invocation was offered by Mayor Liebl. ROLL CALL: MEMBERS PRESENT: Nee, Breider, Starwalt, Liebl, Utter MEMBERS ABSENT: None. ADOPTION OF AGENDA: Add: Change Order ##2, Upgrading Rock Material, New Fridley Liquor Store. Report on Changes in Police Equipment, Mr. James Hill, Communications added: Letter from Senator Mondale. Thank you card from Mr. Terry Kirkham. Letter from Ed Wilmes, Islands of Peace Committee. MOTION by Councilman Starwalt to adopt the agenda with additions, Seconded by Councilman 3reider. Upon a voiced vote, all voting aye, Mayor Liebl declared the motion carried unanimously. V IS (TORS: / Mr. Rohert Schroer, 490 Rice Creek Blvd, request for lot splitin Mr. Schroer asked if it were possible for the Council to approvu- the lot U split to enable for construction to begin as soon as possible. The City Engineer said this was a simple lot split and was for the land north of Osborne Road. The construction of a Town Crier Pancake House is planned on the property. He said the Planning Commission would discuss the matter at their next meeting (Wednesday, January 24, 1973) , and It would have return°!d for Council approval in about two weeks. Mayor Liebl asked if the item would be on the agenda the first meeting in February. The City Engineer said it could be approved at this time subject to approval by the Planning Commission, enabling the construction to bagin. Councilman Breider said the permit request had been approved the previous week by the Council. REGULAR COUNCIL MEETING, JANUARY 22, 1973 Page 2 MOTION by Councilman prelder to approve the request for a lot split, contingent upon approval by the, Planning Commission, Seconded 4y Councilman Utter. Upon a voice vote, all voting aye, Mayor Llebl declared tho motion carried unanimously. DUEL I C UEAR i 1155 Nona, QLD sU§ INESS� ,LtECE MNG REPORT ON gONSULTAKI''S_ FEAS IB 1 QTY STVD7 FOR NORTH PAR Mayor Llebl calledon the City Manager to present the report, The City Manager pa ed out explanatory materials to the audience, He said there had been considerable publicity on the various uses of North park; yet, very little factual lnf9rmativn on its utilizatlon has been assembled,, There were o number of considerations to be decided upon before t`.lis procedure Could be fo110+4ed, First, the City must decide on a consultant, A consultant Could bring the utilisation back into focus and pr,)vi,l•; inforrnatiq,j For dis- cussion on the iiiatter, This could be a problem as it would be necessary to find one who has done s t ud i es on b.,W% go 1 f co a r5evi and na t;a r�� ;an to rs . I n his opini-a,i there was one fl -m •dual i f isd, Brauer and Associates, and they hal submitted a proposal, He sal -J at this time he w:>old advisa t)e Councl I t-) $Innsly recalls the prQpaza! Ind not take any ar;ti�).j )n i�., He suggested they take the next couple of weeks to study the proposal and question the people In the community about the proposal, He suggested that the committee submit a community report on the proposal, The City Manager Suggested -Councilman Sreider art as a moderator, in two weeks, the Council could act on the consultant's proposal, and hear the recommendation of the Administra- tive Staff, At this time, they could talk over some of the problems that exist. The City Manager said the 2nd step, if the City did decide to proceed with the study, would be to allow ninety days to complete the study, At this time he suggested a Community interaction Seminar for the first 30 days of the study. He said this would enable eo total community to provide their views, The results of this seminar would be presented to thb Council in the form of a report. Public Hearings would be, held to present both the consultants' proposals and the fea tlbillty study. After that, the actual derision for a golf course or nature center could be made, The City,Manager said there was a third proposal and this would be no action at all, The City Manager said the actual decision could be made around the middle of June, He added, as there are two very different proposals, the type of fund- ing will depend on the development, He explained the Nature Center would not provide revenue and the golf course would be a revenue providing activity, There would be two alternatives for financing the nature center, One method of funding would be to appoint a committee for the purpose of gaining support fQr a bond Issue and ailo�. the issue to go before the voters on November 7, 1973, If the voters appro�.e of this plan, bands could be sold, plans and specification could be prepared, construction contracts awarded and actual construction begin, Another method of funding the nature center would be o b4 to establish A capital outlay t CITY i MAY N RIDLXY PLANNING COMaSSION IIEETING JANUARY 24, 1973 PAGE 1 CAW. TQ ORDER: Chairman Erickson called the meeting to order at 8:00 P.M. &MCACALL S Members Presents Sricksou, Schmedeke, Zeglen, Fitzpatrick, Minish Members Absents None Others Presents Darrel Clark, Community Development Administrator Jerrold Boardman, Planning Assistant NOTION by Fitspatricke seconded by Zeglen, that the Planning Commission receive the Quarterly Parks and Recreation Department Work Report for October, November and December, 1972: Upon a voice vote, all voting aye, the motion carried unanimously. 1. PERMIT, SP O72-19, BYE FRAN�GABRELZ To continue the existing wso 40 d Used Car Lot and conduct inside Repair Garage Shop to be located on Lots d through 10, Block 28, and Lot 16, Block 21, Hyde Park Addition, -and Lot 12 and 130 Block 20 City View /addition, Per Codes 45.101, 3 S, D, and G. Mr. Frank Gabrelcik was present. Chairman ErickPon asked qtr, aabralcik if lir, Rohlan would be prevent tonight. Mr. Gabrelcik said he hadn't heard from him and didn't know if he would coxae or not. Mr, Erickson asked if it was -agreeable with the petitioner to wait and Poe if he came. Inc. Gabrelcik agreed. Chairman Erickson said the other items on the agenda shouldn't take long so they would go on to the next item. 2. REQUEST JOR A LOT SPLIT_ i L. S I- 03 01 , ROBERT SCHROER; Lot 3, Block 2, East Ranch Estates 2nd Addition, Mr. Robert Schroer pias present Nr. Sahmedske ®aid this item was on the agenda of the Plats and 604diviaionP - Strsat® and UttIt ties Subcommittee agenda tonight. What it amo$nts to to to split Of tha South 204 feet of the East 200 feet of Lot 3, Block 2, East Ranch Estates 2nd Addition, to construct a structure. Nr. Darrel Clark said this property is just North of Capp Homes, a Planning omm1asi2a Mating January 24 12Z3 Page 2 lot split that was approved Jvst a few months ASP, This lot is more than adequate for the commercial rtg4troments, The resgl ting North lot would be a little smallar but meets the requirement that the lot either be 160 fact wide or the entire lot be ZO,Q00 square feet, The Plats & Subs sub- committee roc o4 approval contingent upon an additional 17 feet being added to tha eal,stin# 20 feet 4eWer easement to make a 37 foot easement so the lot to the rear of the property has access to the sanitary sewer that runs through this parcel. Chairman Erickson asked tf this was an approved plat, Mr. Clark said the plat the Commission had to their agenda was the approved plat, The plat he was showing them was a proposed replat that hadn't been acted upon. There is a proposed goad that will run entirely West of this parcel, Mr. Schroer said after they had platted and recorded this plata Suburban Engi- nearing had recoamnendod the xpad, Mr, Fitzpatrick asked if the torigival easement was where they had expected the lot line to be, Mr, Clark said the easement was put in for commercial requirements, so it would either be to the rear or in front of commercial development to eliminate the long run out to the service drive, This part of the lot would either be a parking lot or boulevard so it doesn't interfere with the development of the lot, Mr, Clark said the plat he was showing the Commission would either be East Ranch Estates 2nd ,Addition, Revised, or East Ranch Estates 3rd Addition, Mr, Schroer said the reason for this lot split being larger than the last one was because the developer of this Lot wanted to have more parking. Mr, Schmedeks said this split off did leave the North lot quite narrow but if Mr. Schroer Mad no objections, it wasn't the concern of the Planning Commission, Mr. Schroer said they had been at the Council meeting of January 22 with this request. The developer has mortgage commitments that have.to be closed by February let, The Council approved the request subject'to the Planning Commission's decision. MOTION by Schmedeka, Seconded by.Fitzpatrick, that the Planning Commission recommend approval to split off the South 204 feet of the last 200 feet of Lot 3, Block 2, East Ranch &states 2nd Addition, subject to an additional 17 feet being added to the original 20 foot easement to give the lot to the rear of the property access to the sewer, Upon a voice vote, all voting aye, the motion carried unanimously, Mr. Harrel Clark said the only objoction the property owner might have to this additional easement would be in'meettao the sign ordinance require- ments, Chairman Erickson and Mr, Fitzpatrick said they didn't think the petitioner"would have any problem getting a variance for a sign. r' City of Fridley AT THE TOP OF THE TWINS r i �• ______ COMMUNITY DEVELOPMENT DIV. r L PROTECTIVE INSPECTION SEC. 1 = i CITY HALL FRIDLEY 55432 ----�� �•' 612-5e0-3450 sulUtcr APPLICATION TO BOARD OF _APPEALS NUMBER 910-F23 REV. 1 DATE 3/21/75 i'AGE OF .1 2 APPF40YE0 BY 800 Na d Address (� Phone i�/ !3r- 7,73n X \V</L G, _ o� . Legal Lot No. Description , )p5� Block No. Tract or ��Addn. 5_ c Variance Request(s); including stated hardships (attach plat or survey of property showing building, variances, etc., where applicable) Date Meeting Date 6, Flee e-j Receipt No. Signat re 4 t Comments & Recommendations by the Board of Appeals City Council Action and Date wsitcr • City of 1, ridley APPLICATION TO BOARD OF APPEALS AT THE TOP OF THE TH11NS COMMUNITY DEVELOPMENT DIV. (Staff Report) r PROTECTIVE INSPECTION SEC. CITY HALL FRIDLEY 55432 NUMBER REV. DATE PAGE OF APPROVED IAV 612-560-3450 910-F23 1 3/21/75 2 2 800 Staff Comments Board members notified of meeting by -7-1-- List members, date notified, and "Yes" or "No" for plans to attend hearing. Plan Date To Attend Name /7_ Pearson making appeal and the following property owners having property within 200 feet notified: By Whom ' Name Date Phone or Mail Notified Town Crier'Pancake House -7730 University AVe. N.E. _ Bruce Kennedy, Kennedy Transmission q74n Humboldt Avenue South M is 55431 Frank's Nursery Sales, 6399 Nevada Avenue npt-rnit Michigan 48234 Shell oil Company, Box 20329 77025 Win Stephens Datsun North, 7810 University AVe. N. Robert Schroer -490 Rice Creek Blvd. Fridley Fridley Development Inc. c/o Terrence Troy enter, Minneapolis 55402 Evans Products Company, P.O.Box 3295 orpgon 97208 Capp Model Home 7710 University Avenue N.E. -Fri dley Consolidated Container Corporation, 763 North 3rd t. OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE APPEALS COMMISSION TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN that the Appeals Commission of the City of Fridley will meet in the Council Chamber of the City Hall at 6431 University Avenue Northeast on Tuesday, July 13, 1976 at 7:30 P.M. to consider the following matter: A request for a variance of Section 214.053, 2, Fridley City Code, to raise the 100 square feet maximum size of a free standing sign in C -2S zoning (general shopping areas) to 108 square feet to allow a 12 square foot information sign to be added to an existing 96 square foot free standing sign, located on the South 204 feet of the Easterly 200 feet of Lot 3, Block 2, East Ranch Estates Second Addition, the same being 7730 University Avenue N.E. (Request by the Town Crier Pancake House, 7730 University Avenue:. N.E. Fridley, Minnesota 55432). Anyone who desires to be heard with reference to the above matter will be heard at this meeting. VIRGINIA SCHNABEL CHAIRWOMAN APPEALS COMMISSION Number 2 ADMINISTRATIVE STAFF REPORT 7730 University Avenue N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 214.0953, 2, limiting size of free standing signs to 100 square feet. Public purpose served by this section of the Code is to limit visual pollution from free standing wigns in business areas. B. STATED HARDSHIP: Petitioner wants to add 12 square foot information sign saying "Open 24 hours" to existing 96 square foot sign. Variance from 100 square ft. to 108 square ft. C. ADMINISTRATIVE STAFF REVIEW The peititoner is presently using temporary banners sayind "open 24 hours" which are considerably more detracting than the 12 square foot sign proposed. The existing 96 square foot sign is located 24 feet behind the curb and is illuminated. The sign is well kept and properly maintained. Staff feels that this is a reasonable request, but would like to encourage that the additmonal sign be of sich a design as not to detract from the appearance of the original sign. FRIDLEY APPEALS COMMISSION MEETING Or JULY 13, 1976 PAuh: 7 she wished the other petitioner was present. Mr. Holden said he hadn't heard from the other owners, but at the last meeting they said they might be on vaca- tion for six weeks and may not be able to attend. Mr. Barna stated that the city looked at this as one problem, and Mr. Kemper said he agreed. Mr. Kemper added that if they had to make a decision, he would be in favor of it. MOTION by Kemper, seconded by barna, to recommend to Council approval of the requests for variances to allow off-street parking in front of the existing h-Plexes at both 380 and 390 57th Place N.E., Fridley, with the following provisions: 1. That the stipulations contained in Mr. Colbert's memo of July 9, 1976, .be incorporated. • 2. That the parking area that would be permitted under this variance be defined by permanent curbing acceptable to the Staff. 3. The surface of this area be paved with covering acceptable to Staff (hard surface). 4. The owners both continue to make arrangements for private snow plowing services. Council is reminded that this variance does incur an encroachment of 10.5 feet of city property. Mr. Kemper stated that he felt the only alternative to this would be distasteful construction with a lot of black top in back of this building, and that would be the worsts of two evils. UPON A VOICE VOTE, Kemper and Barna voting aye, Gabel voting nay, the motion carried 2 - 1. Chairperson Gabel said that while it isn't practical to do so, she saw these as two individual items. She stated she approved granting the variance for 380, but not 390.. She explained to Mrs. Johnson that this would go before the City Council on July 26th. 3. REQUEST FOR A VARIANCE OF SECTION 205.075, 1, (E,1) I-RIDLEY CITY CODE, TO ALLOW TENANT AND GUEST OFF-STREET PARKING IN THE FRONT YARD OF AN EXISTING 4-PLEX, ZONED R-3 (GENERAL MULTIPLE FAMILY DWELLINGS), LOCATED ON LOT 1, BLOCK 12 AUS ADDITION, THE SAME BEINU 10b - 77TH WAY N.E., F'RIDLEY, MINNES- OTA. (Request by Paul Burkholder, 7860 Alden Way N.E., Fridley, Minnesota 55432). Mr. Holden stated that Mr. Burkholder had called and asked that this item be postponed until the next meeting of the Appeals Commission. 4. REQUEST FUtt A VARIANCE OF SECTION 214.0532 2, FRIDLEY CITY CODE, TU RAISE THE 100 SQUARE FEET MAXIMUM SIZE OF A FREE STANDING SIGN IN C -2S ZONING (GENERAL SHOPPING AREAS), TO 108 SQUARE FEET., TO ALLOW A 12 SQUARE FOOT FRIDLEY APPEALS COMMISSION MEETING OF JULY 13, 1976 PAGE 8 Ihk'OXMIATION SIGN TO BE ADDED TO AN EXISTING 96 SQUARE FOOT SIZE, LOCATED ON THE SOUTH 2O4 FEET OF THE EASTERLY 200 FEET OP' LOT 3, BLOCK 2, EAST RANCH ESTATES SECOND ADDITION, THE SAME BEING 7730 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA. (Request -by the Town Crier Pancake House, 7730 University Avenue N.E., Fridley, Minnesota, 55432). Chairperson Gabel stated that since the petitioner was not present, they could not act on this request. :i0TI0N by Kemper, seconded by Barna, to table this item until the next scheduled meeting of the Appeals Commission. Upon a voice vote, all voting aye, the motion carried unanimously. 5. A REQUEST FOn A VARIANCE OF SECTION 205.053, 4s A. FRIDLEY CITY CODE, TO REDUCE THE REQUIRED FRONT YARD SETBACK FROM 35 FEET TO 24.6 FEET, TO ALLOW THE CONSTRUCTION OF AN 18 FT. BY 24 FT. ATTACHED GARAGE TO AN EXISTING NON-CUNFOW-IING STRUCTURE, LOL;ATED ON LOT 9, BLACK 1, CARLSON' S SUMMIT MANOR SOUTH ADDITION, THE SAME BEING 100 PILOT AVENUE N.E.,,FRIDILEY, MINNESOTA. (Request by Robert C. Struif, 100 Pilot Avenue N.E., Fridley, Minnesota, 55421). MOTION by Kemper, seconded by Barna, to open the public hearing. Upon a voice vote, all voting aye, the motion carried unanimously. ADMINISTRATIVE STAFF REPORT A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.053, 4A, front yard setback of 35 feet. Public purpose served by the section of the Code is to allow for off- street parking without encroaching on the public right of way. Also the aesthetic consideration of the neighborhood to reduce the "building line of sight" encroachment into the neighbor's front yard. B. STATED HARDSHIP: A six foot drop into the back yard would prohibit construction of a detached garage. Request variance to front yard setback to construct an 18' X 241 attached garage. C. ADMINISTRATIVE STAFF REPORT: This house was built as part of a "staggered setback" arrangement around 1955, before any ordinances were in effect. The requested garage addition would be approximately 5 feet from the adjacent property line. Considering the severity of grade change on this lot and the staggered setbacks of houses in this area, Staff feels that this is a valid request. Mr. Robert Struif was at the meeting to present his request. He stated that he wanted to put a garage up, and due to the extreme drop-off where the house was built it would be almost impossible to put in a detached garage in back. He said, however, that his neighbor had just done that, and even though his drop wasn't as steep as Mr. Struif's, they had gotten stuck there once already. Mr. Kemper asked if he was now parking beside the house in the area he was proposing for a garage, and Mr. Struif replied he was. Mr. Kemper asked if he was planning on building an 18' addition on the side of his house, and Mr. Struif answered that was correct. Fridley Appeals Commission Meeting of July 27, 1976 Page 4 MKI 'r Mr. Kemper commented that it appeared to him there was front -yard parking all over that area. Mr. Plemel asked if the parking lot could be limited to a small an area as possible and there be no encroachment on the 151 boulevard. He added that if Mr. Burkholder intended to build in a year or two, it wouldn't be feasible to insist on parking in the empty lot. Mrs. Gabel said she agreed, and would also like it limited to three stalls so there wasn't blacktop from one end to the other. Mr. Barna said that being a heavy contributor to the traffic on that street, he didn't see where parking in the front lot would make it more difficult for people to see. He stated that when Mr. Burkholder built on the other lot, it would just continue that front yard parking all around that corner. He Baia he would have no objection. Mrs. Gabel asked if there was some kind of code requirements for perimeters, or if curbing was required. Mr. Holden said there were no requirements for off-street parking. Mr. Burkholder said it was very. difficult in the wintertime when the snow came to remove the snow if there was curbing. Ile added that the definition would be very clear when the blacktop was down, and on the -ide lacing 77-th he would put in some hedges to mace it more aesthetically pleasing. MOTION by Barna, seconded by Plemel, that the Appeals Commission recommend to the City Council that the request for a front yard variance be approved. Upon a voice vote, all voting aye, the motion carried unanimously. Mr. Plemel stated that the city should ensure there was no encroachment on the 15' boulevard. Chairperson Schnable informed Mr. Burkholder that this would go before the City Council on August 16th. 2. TABLED: REQUEST FOR A VARIANCE OF SECTION 214.053, 2, FRIDLEY CITY CODE, TO RAISE THE 100 SQUARE FEET MAX11NIuM SIZE OF A FREE STANDING SIGN IN C -2S ZONING (GENERAL SHOPPING AREAS), TO 108 SQUARE FEET, TO ALLOW A 12 S,aUAHE FOOT INFORr•1ATION SIGN TU BE ADDED TO AN EXISTING 96 SQUARE FOOT SIGN, LOCATED ON THE SOUTH 204 FEET OF THE EASTERLY 200 FEET OF LOT 3, BLOCK 2, EAST RAACH ESTATES SECOND ADDITION, THE SAME BEING 7.730 UNIVERSITY AVEiNUE N.E., FRIDLEY, MINNESOTA. (Request by the Town Crier Pancake House, 7730 University Avenue N.E., r'ridley, Minnesota 55432)• MOTION by Kemper, seconded by Barna, to remove this item from the table. Upon a voice vote, all voting aye, the motion carried unanimously. MOTION by Barna, seconded by Kemper, to open the public hearing. Upon a voice vote, all voting aye, the motion carried unanimously. ADMINISTRATIVE STAFF REPORT A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 214.09530 2, limiting size of free-standing signs to 100 square feet. Public purpose served by this section of the Code is to limit visual pollution from free-standing signs in business areas. B. STATED HARDSHIP: Petitioner wants to add 12 square foot information sign saying "Open 24 Hours" to existing 96 square foot sign. Variance from 100 square ft. to 108 square ft. = Fridley Appeals Commission Meeting of July 27, 1976 Page 3 Y Mr. Kemper asked why the street was designated no parking anytime, and Mr. Holden explained it came about as a result of a complaint from one of the tenants. Ne added that there were children in the apartments, and 77th Way has become a shortcut with heavy traffic, so it was also a safety precaution. Mr. Holden added that Barry Blower was asked about his employees, and he said there was no problem at all as he had adequate parking. Chairperson Schnabel asked if Barry Blower ran 2h hours a day, and Mr. Holden replied that he believed they had two shifts. Mr. Plemel asked if the city could restrict street parking to tenants and guests, and Mr. Barna said they could not. Mr. Burkholder stated that was a busy street and he thought it was going to get a lot busier, and he used it himself as a shortcut. He said there really wouldn't be any problem as there wasn't a blind corner there, but now people were parking right up on the grass. Chairperson Schnabel asked if there was a fence that ran across the back of the lot, and Mr. Burkholder replied there was a 6' Cyclone fence that separated the properties. Mrs. Schnabel asked how many tenants in this building had cars at this time, and Mr. Burkholder replied there were five cars. Mrs. Schnabel asked Mr. Holden if there were any other viable solutions other than the suggestion of perhaps going into the empty lot. Mr. Holden replied there really weren't, as it was so tight up against the property lines in either direction. He said that building another multi -unit apartment complex on the corner could alleviate the problem, but that was in the distant future. Mr. Burkholder stated that he thought he would put some hedges along the street if the request was approved, because he wanted it to be aesthetically pleasing. He said that he only lived five blocks from there, so he was concerned, and added he thought this was a reasonable request. Mr. Holden said that both buildings were setback in such a way that the parking wouldn't obstruct any vision in the area. Chairperson Schnabel said she could see, too, that even if Mr. Burkholder was to build on the empty lot, he was going to have a sid7t-line problem keeping the -building back far enough so there wouldn't be any visual blockage of the intersection. Mr. Burkholder said that eventually, if the building went up, he would be applying for front parking again. He added that he thought it could look nice. Chairperson Schnabel asked about a green area, and Mr. Burkholder replied he would still have a green area as his tenants had children. Air. Plemel asked if he just intended to put in three stalls in front, and Mr. Burkholder replied that was his intention. He said that from an aesthetic standpoint, four would look like the whole front yard was a parking lot. Mrs. Schnabel said if he had six stalls and the tenants had five cars, that would leave only one space for guests. Mr. Burkholder said that sometimes they parked next door in the Barry Blower lot. MOTION by Barna, seconded by Plemel, to close the public hearing. Upon a voice vote, all voting aye, the motion carried unanimously. Chairperson Schnabel stated that it would appear the problem was the landlocked position of this particular unit and the property it sits on, and the fact that the petitioner really has no where else to go to provide parking accommodations for tenants and guests. Fridley Appeals Commission Meeting of July 27, 1976 Page 5 C. ADMAiSTttATIVE STAT' KEViEW: The petitioner is presently using temporary banners saying "Open 24 Hours" which are considerably more detracting than the 12 square foot sign proposed. The existing 96 square foot sign is located 24 feet behind the curb and is illuminated. The sign is well kept and properly maintained. Staff feels that this is a reasonable request, but would like to encourage that the additional sign be of such a design as not to detract from the appearance of the original sign. Mr. Craig J. Vargo, owner and manager of tht Town Crier Pancake House, was present to explain the request. He apologized for not being at the last meeting. He stated that at the present time they had a temporary plastic banner saying "Open 24 Hours", and showed the hoard a picture of the proposed sign -,•inich would sit directly below the light. He said their option would be to take that light out and put the new sign directly underneath the original sign. Mr. Vargo explained the new sign would have a brown background with yellow lettering, and would be made by Sign Crafters. Mr. Kemper asked the purpose of the light, and Mr. Vargo said it was put in when the building was built to try to stop a dark shadow. Mrs. Gabel asked if the sign had been checked out as far as height, and Air. Vargo said it was plenty high enough, but he didn't know if there was a minimum. Mr. Kemper stated it had to be 12' off the ground, and Mr. Vargo said it would be. Chairperson Schnabel said the preliminary sketch of the sign shoEd it would be 25' from the ground to the top, and the sign would measure 8' long by 12' wide. Mr. Holden said the minimum height was 101, and that looking at it he thought there would be adequate room with about 8 or 9 feet to play with. Chairperson Schnabel asked if the sign would be illuminated, and Air. Vargo replied it would. He explained there would be two separate signs, and each side would be illuminated from within. He said it would look like one sign. Mr. Holden commented that he thought the Town Crier sign was the best looking of all the other ones there. Air. Kemper asked what would be done with the sign if, for some reason, the Pancake House wouldn't stay open 24 hours. Mr. Vargo said their intentions were to stay open 24 hours, but if that changed they would take it down. He added that if he wasn't at that location, he would hope the company would take it down. Air. Holden said he dian't think it would be out of order to add a stipulation that if the sign isn't being used it would have to be taken down. Mrs. Schnabel asked Mr. Holden if this would be reviewed yearly, and Mr. Holden replied he did not know how often it would be reviewed. MOTION by Plemel, seconded by Kemper, to close the public hearing. Upon a voice vote, all voting aye, the motion carried unanimously. Mr. Barna said ho would have no objection to this sign at all. He said he thought people driving by on that busy street would like to know there was a restaurant open 24 hours a day. AW Fridley Appeals Commission Meeting of July 27, 1976 page 6 M that the Appeals Commission recommend to er seconded by Barna, to raise the ].OU ^quare feet MU'lIUN by Kemp , est for variance City Council approval of the request to 108 square feet, with size of a freestanding sign in rat zoning maximum l The City Administration should be advised that since it two stipulations: ) en Zit hours, action should be taken is a 24 Hour sign, if the business is must come downo n and 2) The banners to remove the signs closer than that the additional sign not be any Mr. Holden suggested adding art of the Code. 101 from the center line of the road, but added that was �lmously. UPON A VOICE VOTE, all voting aye, the motion carried un Vargo that this would now go before the . Chairperson Schnabel 16thfor reviewal. City Council on Augu 053 4� (B 2) TO REDUCE THE REQUIRED 3•' REQUEST FOR A VARIANCE OF SECTION 205' SPRING BROOK PARK ADDITIUIJ, UM 13 FEET TO l2 FEET TO ALL0�i THE CONSTRUCTION Or' A HOUSE Aiu SIDE YARD FR AND 344 B1ACIi 11s (Request by GARAGE, LOCATED ON LOTS 33 FRIDLLY, MINNESOTA.. THF• SAIIE BEING 238 ELY i73rdTLane'1�.W•, Anoka, Minnesota 55303)• Rodney Sandmon, 3511 Upon a voice MOTION by Barna, seconded by Mabel, to open the public hearing. vote, all voting aye, the motion carried unanimous .y. ADMINISTRATIVE STk'F REPORT �• Section 205.053, 4 (B.2). On A. PUBLIC PURPOSE SERVED BY th..with'ut garages at least one side lots up to 60 feet in width without an attached g yard of 13 feet is required in order to allow access to the rear yard detached garage. petitioner B. STATED HARDSHIP: Lesser house size would be osedestrictive and p is contracted to build the house which Streets N.E. is a 60 foot wide lot. C. ADMINISTRATIVE STk'F' REVIEW: 238 Ely S petitioner has been issued a building permit for this lot to build The, petite rovided:,he be granted a variance to do so* the size of house proposed, p gated to reduce the size of • Should the request be denied, he will beet tioner is already contracted one foot. Apparently the p Street) the house by ro osed. The house to the East (228 Ely to build the house as p P ro erty line on the side for which roved this would leave 22 feet between is located ten feet from thelcommon P P Ian shows a door opening the variance is requested. driveway. The plan ro osed house. This doorway structures with an this into this driveway farea ton the houWest side order avoid limiting should be deleted driveway area* that the neighbor to the East wouSdt be most varianceinterested request. pasty in this request* Staff has no objection resent to explain his request. Mrs. Gabel asked R . Sandm house vacation request was on, and Rev. Rev. Sandmon was p garage and was just was on the same street exp that the alley 'ed it was. lamed he wanted to build a house and g replied 1i 124 REGULAR COUNCIL MEETING OF AUGUST 16, 1976 PAGE 5 RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF AUGUST 4, 1976: CONSIDERATION OF APPEALS COMMISSION MINUTES OF JULY .27, 1976: ' I MR. BURKHOLDER, 106 77TH WAY N.E.: j Mr. Dick Sobiech, Public Works Director, stated. that this is a request for parking in the front yard, located at 77th Way and East River Road. He further pointed out that the Appeals Commission did consider this item and did recommend approval of the front yard parking in the area. He stated that Mr. Burkholder, 7860 Alden Way N.E. was present to discuss the situation. Mr. Sobiech then proceeded to discuss the fact that there exists two apartment buildings: one on which the variance request is petitioned for and has approximately three parking spaces, and the other building to the west of it presently has parking in the front yard area. The petitioner does own the parcel of property in question. Mr. Sobiech stated that perhaps arrangements could be made whereby certain parking facilities could be planned cooperatively for the total area. He further pointed out that the situation has been complicated especially along 77th Way by the requests for "no parking" signs. Mr. Burkholder then commented that there was just no place to go. He stated that he was surrounded by conunercial property and a sea of black top. He suggested that he would be agreeable to screen between the parking and the street. He noted that a complaint was made by Donna Anderson of 160 77th Way N.E. requesting the "no parking anytime" signs posted on 77th Way Councilman Hamernik voiced his concern for setting a precedent which would allow front yard parking. Councilman Fitzpatrick shared his concern. Mr. Qureshi, City Manager, suggested that Mr. Burkholder contact Barry Blower Company and see if some mutual agreement could be made. If not, the City Council could authorize• a variance.. MOTION by Councilman Hamernik to table this item until the September 13, 1976, Regular Council meeting and see if acceptable alternatives can be worked out. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. TOWN CRIER PANCAKE HOUSE, 7730 UNIVERSITY AVENUE N.E.: Mr. Sobiech, Public Works Director, stated that this was a request for a variance from 100 sq. ft. to 108 sq. ft. The existing sign being 96 sq. ft. Approval was recommended by the Appeals Commission. Mr. Craig Vargo, 7730 University Avenue Northeast, then spoke to the City Council and proceeded to show them a drawing of the sign. MOTION by Councilman Hamernik to concur with the Appeals Commission recommendation and approve the variance with stipulations. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. VARIANCE FEE SCHEDULE: Mr. Sobiech, Public Works Director, stated that the Chairman of the Appeals Commission, Ms. Virginia Schnabel, did contact him to ensure this item came before the City Council. After discussion with her, Mr. Sobiech stated that he believed there was a misunderstanding as to how the increased fee was arrived at. Apparently, the continents by the Appeals Commission regarding the fee increase carte after the •variance req.uest for a 1 ft. variance on resident.ial property. Consequently, the increased fee of $50.00 vs. what was originally $15.00 was questioned with this particular residential zoning variance request. Mr. Sobiech stated that he explained to Ms. Schnabel how the increased fee was arrived at; based on an average of variance requests on small lots of great magnitude. He further stated that he indicated to Mrs. Schnabel that. he would explain to the City Council and that Council would perhaps direct the Staff to prepare a more in-depth explanation to the Appeals Commission. He then asked if there was a representative of the Appeals Commission present, and Ms. Patricia Gabel responded that she was. Mr. Sobiech asked her if his discussion explained what perhaps happened at the Commission's meeting and she responded it did. Ms. Gable suggested that perhaps what was needed was a breakdown. Mayor Nee then stated that the City Council will try and justify this to the Appeals Commission. 1,130 REGULAR.000NCIL MEETING OF AUGUST 16, 1976 JOSEPH SINIGAGLIO, SPECIAL USE PERMIT, SP#76-11, 4715 3RD STREET: PAGE 6 Mr. Sobiech, Public Works Director, stated that this was a request for a special use permit which would allow a second accessory building on an existing single family residence and the Planning Commission did recommend approval. He pointed out that several stipulations existed. Mr. Sinigaglio,4715 3rd Street Northeast, was present and stated that his expenses are over and above what the garage cost. Councilman Fitzpatrick stated that the request cost Mr. Sinigaglio $120.00. MOTIQN by Councilman Fitzpatrick to concur with the recommendation of the Planning Commission that the special use permit be granted. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 40' LOTS: Mayor Nee stated that he planned to set a special meeting regarding this matter. Mr. Qureshi, City Manager, stated that a meeting would be set up approximately six weeks from this date. MOTION by Councilman Starwalt to receive the minutes of the Planning Commission meeting of August 4, 1976. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF REQUEST T0. WAIVE ENFORCEMENT OF PROVISION IN SIGN ORDINANCE FOR LIMITED TIME, SCHAAF VOLUNTEER COMMITTEE: Mr. Robert Meek, the Schaaf Campaign Manager, stated that he was requesting the City Council to waive enforcement of the ordinance that limits the size of political signs until the Committee has had the opportunity to exhaust its efforts for appeal through the Appeals Commission. Councilman Hamernik stated that a good deal of work has been done regarding the sign ordinance and allowing a variance would set a precedent which would invalidate anything that is in the ordinance; and he, therefore, questioned the consideration of this. A visitor stated that there were three members of the City,Council who are on Mr. Schaaf's Campaign Committee and she felt that there would be a conflict of interest as to Council voting on this. Mr. Wayne Wellan, 6793 Overton Drive Northeast, spoke against the request. Councilman Fitzpatrick stated that he was not sure that the benefit of the sign was going to be as great now with the publicity against the ordinance that perhaps would cause an unfavorable reaction. Senator Dave Schaaf then stated that he would withdraw the request at this time. Councilman Starwalt then asked Senator Schaaf if he would prefer to withdraw or table the request. Senator Schaaf responded that he already withdrew. RECESS: Mayor Nee called a recess at 10:45 p.m. RECONVENED: Mayor Nee reconvened the meeting at 11:02 p.m. CONSIDERATION OF A REQUEST TO ALLOW A ONE FOOT ENCROACHMENT INTO A DRAINAGE & UTILITY EASEMENT AT 7348 SYMPHONY STREET: CONSIDERATION OF A REQUEST TO ALLOW A ONE FOOT ENCROACHMENT INTO A DRAINAGE & UTILITY EASEMENT AT 7358 SYMPHONY STREET: MOTION by Councilman Fitzpatrick to take Item numbers 12 and 13 in the agenda out of order. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 1 CIlYOF FRIDLEY FRIDLEY MUNICIPAL CENTER - 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 - (763) 571-3450 - FAX (763) 571-1287 August 7, 2002 Property Owner/Manager Michael Nikolaus, Inc 7730 University Avenue NE Fridley, MN 55432 Dear Owner / Manager: The City of Fridley has an ordinance regulating the display of temporary signs such as banners, pennants, balloons, porta-panels, etc. This ordinance regulates how many times a year and for how long a business may display such signs. This ordinance requires a $200 deposit and either a $50 or $80 permit fee, depending upon the square footage of the sign. Today, I observed a temporary sign on your premises. According to my records, I have no permit or deposit from you for this sign. Therefore, this sign is illegal and shall be removed immediately upon receipt of this letter. If you do not wish to remove your sign at this time, please complete the enclosed sign permit and return it to me with a deposit of $200 and the appropriate permit fee. The deposit will be refunded upon prompt removal of the sign. This sign will count as one of the two temporary signs your business is allowed to display during the year, whether you immediately remove the sign or apply for a sign permit. You have until August 8, 2002, to complete the attached temporary sign permit application and return it to the City with the appropriate fees and deposit. If you choose to ignore this letter, and the sign remains in place, a misdemeanor citation will be issued. Violations of the Fridley sign code are a criminal offense punishable by up to 90 days in jail and/or a $700 fine. Thank you for your cooperation in this matter. Please call me with any questions at 572-3593. Sincerely, Stephanie Hanson, Planner/ Code Enforcement Officer CE -02-361