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SP 85-06CITYOF FRI DLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55332 • PHONE (612) 571-3450 Northwestern Bell Joseph Whalen Evergreen Land Service 3300 Bass Lake Road Brooklyn Center, MN 55409 CITY COUNCIL ACTION TAKEN NOTICE On July 1, 1985 , the Fridley City Council officially approved your request for a special use permit, SP #85-06 to allow outside storage of cnmmunicatinn comnut.er discs for area phone system at 5750 East River Road. with the following stipulations: /r. Exterior materials be compatible with the adjoining buildings. ✓2. Contingent on approval of the variance by the Appeals Commission. If you have any questions regarding the above action, please call the Planning Department at 571-3450. Sincerely, —� 'JAMES L. ROBINSON PLANNING COORDINATOR JLR/de Please review the noted stipulations, sign the statement below and return one copy to the City of Fridley. Concur -with action taken. SUBJECT CITY OF FAIDLEY, C 6431 UNIVERSITY/ AVE. NE. YARIANES FRIOLCY. MN. 5543E L6127, 571-3450 I (=Ic.E D9Ti ADDRESS -"�,5b _Ea d P—I U - 2X0 __ DATE JF xy APPEALS COtM1ISSION: APPROVED DISAPPROVED DATE ZI/ NO. CITY COUNCIL REVIEW: REQUIRED: AYES C CITY COUNCIL: APPROVED DISAPPROVED DATE — .>N0. STIPULATIONS: NAME.�,a� /L�� ,) /o.a�,.._t e� FEE $l00 RECEIPT No. LOT NO. BLOCK NO. TRACT OR ADDITION LEGAL DESCRIPTION: C -.EG 6,Qeo ZAYO -SuRyer VARIANCE•REQUEST(S): (Attach plat or survey of property showing building, variances, etc., where applicable) ZOS. 07.3 . D f3flo/.�«+� awe .uee we .Ka t �►q.. Section(s) of the City Code: List specific hardship(s) which requires the variance(s): To - 1/1 DATE ' S I GNATURE<rr.:...u�, t—',,*t2_ C X P -e J L X w-1 5,' v" ADDRESS --3 Q 30o ,.¢ SS L j4 e, A4J� %5 U/ TELEPHONE NO C3Qoo k11y'jK/ S_5'ua f one VARIANCES FOR CITY USE ORLY 3oard members notified of meeting by list membV!rs. Sate notified. and 'Yes' or '!:o' for plans to attend hearing. • Plan Raw- Date* To Attend Patricia _Gabel _ _ 6-7 Jean.Gerou Donald R. Betzold _ _.TLLIO-5 P 1 ems _ 6-7 Person nuking appeal and the _ _ following property owners having property within 200 feet notified: Name I 8y Whom Butz Phone or Fail Notified Georgetown Court Apts.,•.5750 East Riveri'Road, Fridley 5-31 Mail SK Evergreen Land Service Co., 3300 Bass.Lake Road 5-31 Mail SK Brooklyn Center, MN 55429 Attn: JosepH Whalen Anoka County, 325 Main Street, Anoka, MN 55303 Property Tax Service Co. 1520 Shelard Tower, Mpls. 5-31 Mai 1 5-31 Mail SK SK APPEALS COMMISSION MEETING, JUNE 11, 1985 PAGE 5 3. VARIANCE REQUEST PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY CODE TO REDl10E ]HE REQUIREU SETBACK OF AN ACCESSORY BUILDING FROM A RIGHT-OF-WAY FROT_35 FEET TO 14 FEET; TO ELIMINATE THE 5 FOOT SETBACK OF BUILDINGS D SURFACE ON A PORTION OF TRACI C, REGISIERED LAND SURVEY #38, THE ST97 , 5750 EAST RIVER ROAD. (Request y Joseph T. Whalen, Evergreen Land Service, 3300 Bass Lake Road,Suite 408, Brooklyn Center, Mn. 55409). MOTION BY MR. BETZOLD, SECONDED BY MR. PLEMEL, TO OPEN THE. PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, VICE—CHAIRPERSON BARNA DECLARED THE PUBLIC HEARING OPEN AT 7:55 P.M. Vice -Chairperson Barna read the Administrative Staff Report: ADMINISTRATIVE STAFF REPORT 5750 Ease River Road N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.09.3D.2d requires a minimum setback of 35 feet for accessory buildings adjacent to street right of way. Public purpose served by this requirement is to allow for off street parking without encroaching on the public right of way and also to allow aesthetically pleasing open areas around structures. Section 205.09.5D. 5d requires all parking and hard surfaced areas to be 5 feet from any buildings. Public purpose served by this requirement is to protect the building from unnecessary maintenance due to vehicles hitting the building. B. STATED HARDSHIP: "Need the variances so the building will be compatible with the existing structures. The new structure will line up with the existing garages and the existing setbacks will be maintained." C. ADMINISTRATIVE STAFF REVIEW: The purpose of the structure is to store telecommunications equipment for systems in this area. Due to the nature of the equipment, access to a man -hole is necessary to accommodate underground cables. The site chosen is the closest possible site to a man -hole and the farthest possible site from the residences. The proposed structure is to be an addition to a row of garages and storage rooms which presently encroach on the re,3r yard setback requirement and do not have a five foot setback from the driveway. The existing setbacks are "grandfathered" in. P b APPEALS COMMISSION MEETING, JUNE 11, 1985 PAGE 6 Approval of the variance would permit the structure to maintain the existing building lines and approximate setbacks. If the request is granted, the administrative staff has the following recommendations: 1. Variance be contingent upon the approval of Special Use Permit #85-06 to allow such storage. 2. The structure to be constructed of brick materials to match the existing structures. Mr. Clark stated this building would attach to an existing garage which is behind a rather high beam so it would not be visible from any street right- of-way, other than the service drive going down to it. As far as the variance to the driveway, it is just going to be an extension to the garages already there, so it would not pose any problem to traffic any more than the garages do now. Mr. Joseph Whalen stated that, as Mr. Clark had said, this building would hardly be noticeable. MOTION BY MR. BETZOLD, SECONDED BY MR. PLEMEL, TO CLOSE, THE PUBLIC HF.ARITYG. UPON A VOICE VOTE, ALL VOTING AYE, VICE -CHAIRPERSON BARNA DECLARED THE PUBLIC HEARING CLOSED AT 8:03 P.M. Mr. Plemel stated that because this building would hardly be visible from the road, and will cause no problems and will be no closer than the existing buildings, he would be in favor of granting the variance with the two stipu- lations recommended by staff. Mr. Betzold agreed. He stated he had lived in this particular area, so he was very familiar with the area. He did not think this particular structure would be offensive to city code or the area at all. MOTION BY MR. PLEMEL, SECONDED BY MP.. BETZOLD, TO RECOMMEND TO CITY COUNCIL APPROVAL OF VARIANCE RFOUEST PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY CODE TO REDUCE THE REQUIRED SETBACK OF AN ACCESSORY BUILDING FROM A RIGHT-OF-WAY FROM 35 FEET TO 14 FEET; TO ELIMINATE THE 5 FOOT SETBACK OF BUILDINGS FROM HARD SURFACES ON A PORTION OF TRACT C, REGISTERED LAND SURVEY #38, THE SAME BEING 5750 EAST RIVER ROAD, WITH THE FOLLOWING STIPULATIONS: 1. VARIANCE BE CONTINGENT UPON THE APPROVAL OF SPECIAL USE PERMIT #85-06 TO ALLOW SUCH STORAGE. 2. THE STRUCTURE TO BE CONSTRUCTED OF BRICK MATERIALS TO MATCH THF. EXISTING STRUCTURES. UPON A VOICE VOTE, ALL VOTING AYE, VICE -CHAIRPERSON BARNA DECLARED THE MOTION CARRIED UNANIMOUSLY. .4, APPEALS COMMISSION MEETING, JUNE 11, 1985 PAGE 7 Mr. Barna stated this item would go to City Council on July 1. 4. ARIANCE REQUEST PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY CODE TO REXCE XHL REAR YARD SETBACK KURU N.E. (Request by Ulane Warner and Kenneth L. Warner, z Roman .L., ridTey, Mn. 55421 MOTION\OPEN BETZOLD, SECONDED BY MR. PLEMEL, TO OPEN THE BLIC HEARING. UPON A VolOTE, ALL VOTING AYE, VICE -CHAIRPERSON BAR DECLARF,D THE PUBLIC HEARINGT 8:06 P.M. Vice-Chairperso\ Barna read the Administrative Staf/ Report: ADMINISTRATIVE STAFF REP 4952 Roman Road N.E./ A. PUBLIC PURPOSE SERXD BY REOUIREMENT: Section 205.07.3D.3a r uires a min' um rear yard setback of not less than 25 percent of the t depth�ce ith not less than 25 feet permitted or more than 40 feet req u ed, blic purpose served by this require- ment is to provide rear ya s to be used for green areas which enhance the neighborhood. B. STATED HARDSHIP: "Present garage is 30 et from lot ine and is a single car garage, which barely has roo for one vehicl lus bicycles, a lawn mower and minimum amount of 1 n and garden supp\aoat e we, as most families in the area, own o vehicles, this neone vehicle to be left outside at all t' es. In addition, weiler which must now be stored in the b ck corner of the lot ahich must be stored off the premi s. The ability to secutems inside the garage would add to he aesthetic value of thas well as the security, not just t our property, but the neiggeneral, since ws are on the co er." C. ADMINISXRATIVE STAFF REVIEW: The Ihly stipulation the staff has to recommend is that hard surface dri eway be provided for the new garage. \ Mr, lark stated the Commiss%on had a picture of the property loo ing from th side street where the new construction would take place. They lso had a aerial photo showing the lot lines and the approximate location o the dition. He stated the petitioners have hired a home designer, and t e petitioners have plans to show what they intend to do with the addition. APPEALS COMMISSION MEETING, JUNE 11, 1985 PAGE 8� It 11 be a two -car garage moved farther to the west than the existi garage and b tween that and the house there will be a porch with some passi solar glazin . He stated he felt this was a rather energetic project, stated there wU l still be about 25-30 feet between this structure and t e neighbor- ing structure. The petitioners explained their plans to the Commission. Ms Warner stated that the Com fission had received a copy of a letter from t it neighbors, Clarence and ary Lou Krueger, 173 Pilot Ave. N.E., stati g they had no objec- tion to the re est for variance. MOTION BY MR. BET LD, SECONDED BY MR. PLEMEL, TO RE 177F. INTO THE RECORD THE LETTER DATED MAY 24 1985, FROM CLARF,NCE AND MARY U KRUEGER, 173 PILOT AVE. N.E., STATING THEY H NO OBJECTION TO THE VARI E. UPON A VOICE VOTE, ALL TING AYE, VICE -CHAIR RSON BARNA DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION BY MR. PLEMEL, SECOND BY MR UPON A VOICE VOTE, ALL VOTING A V , HEARING CLOSED AT 8:17 P.M. / , TO CLOSE THE PUBLIC HEARING. -CHAIRPERSON BARNA DECLARED THE PUBLIC Mr. Betzold stated most of the r que s the Commission receives along the same lines as this reques/woud r de yar setbacks instead of rear vard setbacks, and corner lots alwaproblem i that respect. Because of the way this house is locate''lot,it's som chat of a unioue situation. By grant- ing the variance, thstill be allow'ng plenty of room between this structure and the neg structure, and e felt that was what the City code was intended toprotect both the s' e yard and rear yard setbacks. He did not think thice violated the inte tion of the city code, and he would be in favor ofg the variance. Mr. Plemel agreed.///.He stated this could not be consi\reda detriment or visual pollution to the,eghborhood. He thought this wouldattractive addition and would certa�fily solve the petitioners' storage p. Mr. Barna sta/eed the public purpose as stated was "to provid\rear rd space to beused f r green areas which enhance the neighborhood".ng vehicles in the yar , it certainly did not enhance the green areas. ed like a very nice structure that the petitioners planned on buildingwould be in favor of granting the variance. MOTIA BY MR. BETZOLD, SECONDED BY MR. PLEMEL, TO APPROVE THE VARIANCE EQUEST PU SUANT TO CHAPTER 205 OF THE FRIDLEY CITY CODE, TO REDUCE. THF, REAR YARD F,TBACK FROM 28.75 FEET TO 16 FEET 11 INCHES TO CONSTRUCT AN ADDITION TO AN ATTACH GARAGE ON LOT 26, BLOCK 2, THE SAME BEING 4952 ROMAN ROAD N.E., WITH THE STI U- LATION THAT A HARD SURFACE DRIVEWAY BE PROVIDED FOR THE NEW GARAGE. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIP,PERSON BARNA DECLARED THE MOTION CARRIED UNANIMOUSLY. CITY OF FRIDLEY, COMMISSION APPLICATION MINNESOTA REVIEW �m•�tt rn Nvff— r Rev op• _ Approved by Planning 35 FILE WD, ADD•eCis Variance P4%Lt DATE COMPLETE REVIEW CHECKLIST 5750ERR. Reduce required 5/14/85 RETLMN TO PLANNING setba'.kd of accesory bldg fr UE DATE nnl.i r.__...., '1C I i_ 1 n I _ - A -1 _ _- -. - +6... C I _ IM f)[/PHIL Darrel I Ps� Mark I Clvde ohn Leon t- -/-� ElJ7- 1J7-"&/ f!P/''RO✓A� f Item #3, June 11, 1985 ADMINISTRATIVE STAFF REPORT 5750 East River Road N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.09.3D.2d, requires a minimum setback of 35 feet for accessory buildings adjacent to street right of way. Public purpose served by this requirement is to allow for off street parking without encroaching on the public right of way and also to allow aesthetically pleasing open areas around structures. Section 205.09.5D.5d, requires all parking and hard surfaced areas to be 5 feet from any buildings. Public purpose served by this requirement is to protect the building from unnecessary maintenance due to vehicles hitting the building. B. STATED HARDSHIP: "Need the variances so the building will be compatible with the existing structures. The new structure will line up with the existing garages and the existing setbacks will be maintained." C. ADMINISTRATIVE STAFF REVIEW: The purpose of the structure is to store telecommunications equipment for systems in this area. Due to the nature of the equipment, access to a man -hole is necessary to accommodate underground cables. The site chosen is the closest possible site to a man -hole and the farthest possible site from the residences. The proposed structure is to be an addition to a row of garages and storage rooms which presently encroach on the rear yard setback requirement and do not have a five foot setback from the driveway. The existing setbacks are "grandfathered" in. Approval of the variance would permit the structure to maintain the existing building lines and approximate setbacks. If the request is granted, the administrative staff has the following recommendations: 1. Variance be contingent upon the approval of Special Use Permit number 85-06 to allow such storage. 2. The structure to be constructed of brick materials to match the existing structures. Item #3, June 11, 1985 ADMINISTRATIVE STAFF REPORT 5750 East River Road N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.09.3D.2d, requires a minimum setback of 35 feet for accessory buildings adjacent to street right of way. Public purpose served by this requirement is to allow for off street parking without encroaching on the public right of way and also to allow aesthetically pleasing open areas around structures. Section 205.09.5D.5d, requires all parking and hard surfaced areas to be 5 feet from any buildings. Public purpose served by this requirement is to protect the building from unnecessary maintenance due to vehicles hitting the building. B. STATED HARDSHIP: "Need the variances so the building will be compatible with the existing structures. The new structure will line up with the existing garages and the existing setbacks will be maintained." C. ADMINISTRATIVE STAFF REVIEW: The purpose of the structure is to store telecommunications equipment for systems in this area. Due to the nature of the equipment, access to a man -hole is necessary to accommodate underground cables. The site chosen is the closest possible site to a man -hole and the farthest possible site from the residences. The proposed structure is to be an addition to a row of garages and storage rooms which presently encroach on the rear yard setback requirement and do not have a five foot setback from the driveway. The existing setbacks are "grandfathered" in. Approval of the variance would permit the structure to main�ain the existing building lines and approximate setbacks. If the request is granted, the administrative staff has the following recommendations: 1. Variance be contingent upon the approval of Special Use Permit number 85-06 to allow such storage. 2. The structure to be constructed of brick materials to match the existing structures. I -------'-- --__ vr---��- ---___ - - EXHIBIT "A" el SET IRON PIPE G Ep 8/� / p� /7/ / ^o 0 / /✓ GARP j �`r G . %� ?00- \ ---FOUND 3/4" IRON P 0 NOT PROPERTY CC PROP. CORNER : FOUND 5/8' IRON ROD LEGAL DESCRIPTION A portion of Tract C, Registered Land Survey No. 38, Anoka County, Minnesota � G / NOpO�p a, e yEa e%/ a ti Eye � P _FOUND 3/4" IRON PIPE P NOT PROPERTY CORNER `PROP. CORNER / FOUND 5/8 IRON ROD 5CALE t APPEALS COMMISSION MEETING, JUNE 11, 1985 PAGE 5 3. VARIANCE REQUEST PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY CODE TO RED[JCE ]HE REQUIREU SETUC OF AN ACCESSORY BUILDING FROM A RIGHT-OF-WAY FROT_ J5 FEET TO 14 FEET; TO ELIMINATE THE J D �iURFAUE ON A PORTION OF TRACT U, REGISTERED EAND SURVEY #38, THE SAME BEIN(I 5750 rAST RIVER ROAD. (Request y Joseph T. Whalen, Evergreen Land Serv-i—ce, 3300 Bass Lake Road,Suite 408, Brooklyn Center, Mn. 55409). MOTION BY MR. BETZOLD, SECONDED BY MR. PLEMEL, TO OPEN THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, VICE -CHAIRPERSON BARNA DECLARED THE PUBLIC HEARING OPEN AT 7:55 P.M. Vice -Chairperson Barna read the Administrative Staff Report: ADMINISTRATIVE STAFF REPORT 5750 East River Road N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.09.3D.2d requires a minimum setback of 35 feet for accessory buildings adjacent to street right of way. Public purpose served by this requirement is to allow for off street parking without encroaching on the public right of way and also to allow aesthetically pleasing open areas around structures. Section 205.09.5D. 5d requires all parking and hard surfaced areas to be 5 feet from any buildings. Public purpose served by this requirement is to protect the building from unnecessary maintenance due to vehicles hitting the building. B. STATED HARDSHIP: "Need the variances so the building will be compatible with the existing structures. The new structure will line up with the existing garages and the existing setbacks will be maintained." C. ADMINISTRATIVE STAFF REVIEW: The purpose of the structure is to store telecommunications equipment for systems in this area. Due to the nature of the equipment, access to a man -hole is necessary to accommodate underground cables. The site chosen is the closest possible site to a man -hole and the farthest possible site from the residences. The proposed structure is to be an addition to a row of garages and storage rooms which presently encroach on the rear yard setback requirement and do not have a five foot setback from the driveway. The existing setbacks are "grandfathered" in. APPEALS COMMISSION MEETING, JUNE 11, 1985 PAGE 6 Approval of the variance would permit the structure to maintain the existing building lines and approximate setbacks. If the request is granted, the administrative staff has the following recommendations: 1. Variance be contingent upon the approval of Special Use Permit #85-06 to allow such storage. 2. The structure to be constructed of brick materials to match the existing structures. Mr. Clark stated this building would attach to an existing garage which is behind a rather high beam so it would not be visible from any street right- of-way, other than the service drive going down to it. As far as the variance to the driveway, it is just going to be an extension to the garages already there, so it would not pose any problem to traffic any more than the garages do now. Mr. Joseph Whalen stated that, as Mr. Clark had said, this building would hardly be noticeable. MOTION BY MR. BETZOLD, SECONDED BY MR. PLEMEL, TO CLOSE THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, VICE -CHAIRPERSON BARNA DECLARED THE PUBLIC HEARING CLOSED AT 8:03 P.M. Mr. Plemel stated that because this building would hardly be visible from the road, and will cause no problems and will be no closer than the existing buildings, he would be in favor of granting the variance with the two stipu- lations recommended by staff. Mr. Betzold agreed. He stated he had lived in this particular area, so he was very familiar with the area. He did not think this particular structure would be offensive to city code or the area at all. MOTION BY MR. PLEMEL, SECONDED BY MR. BETZOLD, TO RECOMMEND TO CITY COUNCIL APPROVAL OF VARIANCE REQUEST PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY CODE TO REDUCE THE REQUIRED SETBACK OF AN ACCESSORY BUILDING FROM A RIGHT-OF-WAY FROM 35 FEET TO 14 FEET; TO ELIMINATE THE 5 FOOT SETBACK OF BUILDINGS FROM HARD SURFACES ON A PORTION OF TRACT C, REGISTERED LAND SURVEY #38, THE SAME BEING 5750 EAST RIVER ROAD, WITH THE FOLLOWING STIPULATIONS: 1. VARIANCE BE CONTINGENT UPON THE APPROVAL OF SPECIAL USE PERMIT #85-06 TO ALLOW SUCH STORAGE. 2. THE STRUCTURE TO BE CONSTRUCTED OF BRICK MATERIALS TO MATCH THE EXISTING STRUCTURES. UPON A VOICE VOTE, ALL VOTING AYE, VICE -CHAIRPERSON BARNA DECLARED THE MOTION CARRIED UNANIMOUSLY. i T— -- N C • a / ; is �� 40 1 O O `\ r VARIANCE by Joseph Whalen 5750 E. River Road NW Bell Telephone Co. 1, ji ILI, EXCEPTION /. Z4 �7 VARIANCE To LLIM/IVA7E 5 SETFA- '� OF !A/LP/N65 A&M 11,4KP 5UR7=AC� '� � _` � �==— L�R/.9/1�-,� Fi�Gwf 35/•� lye �i�oM R O 1�l bq A w i rT `Q P, �r M 77 O J•I 1 1 I N C • a / ; is �� 40 1 O O `\ r VARIANCE by Joseph Whalen 5750 E. River Road NW Bell Telephone Co. 1, ji ILI, EXCEPTION /. Z4 �7 VARIANCE To LLIM/IVA7E 5 SETFA- '� OF !A/LP/N65 A&M 11,4KP 5UR7=AC� '� � _` � �==— L�R/.9/1�-,� Fi�Gwf 35/•� lye �i�oM R O 1�l bq A w i STATE OF MINNESOTA CITY COUNCIL PROCEEDINGS COUNTY OF ANOKA CITY OF FRIDLEY In the Matter of a variance request located on part of Lots 17 and 18, Auditor's Subdivision No. 78, the same VARIANCE being 5750 East River Road N.E. Georgetown Apartments , Owner The above entitled matter came before the City Council of the City of Fridley and was heard on the 1st day of Jul y , 19 85 , on a petition for a variance pursuant to t� City of ri ey s Zon ni g Ordinance, for the following described property: To reduce the required setback of an accessory building from a right-of-way, and to eliminate the five foot setback of building from hard surfaces located on 5750 East River Road N.E. IT IS ORDERED that a variance be granted as upon the following conditions or reasons: See City Council minutes of July 1, 1985 STATE OF MINNESOTA ) COUNTY OF ANOKA ) ss. CITY OF FRIDLEY ) OFFICE OF THE CITY CLERK I, Sidney C. Inman, City Clerk for the City of Friley with an in for said City of Fridley, do hereby certify that I have compared the foregoing copy and Order granting a variance with the original record thereof preserved in my office, and have found the same to be a correct and true transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at the City of Fridley, Minnesota, in the County of Anoka on the Jl� day DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 SIDNEY C. 4NMAN, CITY CLERK Variances are valid for a period of one year following approval and shall be considered void if not used within that period. (SEAL) C:CxJNQL MIZ11NG OF JULY 1. 1985 Oouncilman Barnette voted against the motion. Mayor Nee declared the motion carried by a 4 to 1 vote. F-2. CONSIDERATION OF A VARIANCE TO REDUCE REQUIRED SETBACK OF AN ACCESSORY BUILDING FRY, A RIGH�OF-hY1Y, AND M ELIMINATE THE 5 FOOT SETBACK OF BUILDING FROM HARD SURFACES, 5750 EAST RIVER ROAD, BY JOSEPH T. WHALEN: Mr. Flora, Public Works Director, stated this is a request for a variance to reduce the required setback of an accessory building from a right-of-way frau 35 to 14 feet and to eliminate the five foot setback of buildings from hard surfaces at 5750 East River Road. He stated this variance is requested in conjunction with special use permit #85-06 for construction of a telephone storage building. Mr. Flora stated the Appeals Commission has reormimended approval, with the stipulation that the special use permit is approved and the structure is to be constructed of brick materials to match the existing structures. MDTION by Councilman Fitzpatrick to concur with the recommendation of the Appeals Commission and grant the variance to reduce the required setback of an accessory building frau a right-of-way from 35 feet to 14 feet; and to eliminate the five foot setback of buildings frau hard surfaces at 5750 East River Road, with the following stipulation: (1) the structure be constructed of brick materials to mate the existing structures. Seconded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. F-3. CONSIDERATION OF VARIANCE REQUEST TO REDUCE SETBACK OF A DRIVEWAY FROM STREET RIGHT-OF`-VaY INTERSECTION, 441 HUGO STREET N.E., BY DON CHOUINARD• Mr. Flora, Public Works Director, stated this is a request for variance to reduce the required setback of a driveway frau the interne ion from 75 feet to 29 feet at 441 Hugo Street N.E. He stated the an proposed is to const r uct a six unit townhouse development on this r oel of pr ope r ty . Mr. Flora stated the hardship stated was the crigi plan for this property was not feasible, as the bank would not fi ce ;:he project because of the garages being detached. He stated thi an calls for tuck -under garages. Councilman Fitzpatrick stated original proposal was for ten units and is naw down to six units whi a felt was an improvement. Mr. Flora stated Appeals Commission recommended approval of the variance, with ipulations regarding a landscape plan; drainage plan; right -of- edication; combining Lots 78 and 79; necessary street easem to be granted; and consideration of a "no perking" ban on one side of go Street. Mr. Frank Hegner, 450 Hugo Street, stated their main concern is the width of the street and if there is space for emergency vehicles. He stated the Appeals Commission recommended "no parking" on one side of Hugo so he -8- CIiYOF FRIDLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE (612) 571-3450' Northwestern Bell Joseph Whalen Evergreen Land Service 3300 Bass Lake Road Brooklyn Center, MN 55409 CITY COUNCIL ACTION TAKEN NOTICE On July 1. 1985 , the Fridley City Council officially approved your request for variances to reduce the required setback of an accessory building from a right-of-way from 35' to ; to eliminate the set ac of -buildings with the following stipulations: from hard surfaces. 1. Variance be contingent upon the approval of special use permit SP #85-06 to allow such storage. 2. The structure to be constructed of brick materials to match the existing structures. If you have any questions regarding the above action, please call the Planning Department at 571-3450. Sincerely, % JAMES L. ROBINSON PLANNING COORDINATOR JLR/de Please review the noted stipulations, sign the statement below and return one copy to the City of Fridley. Concur with action taken. Variance Request to reduce required setback of accessory building from right-of-way and etc. Northwestern Bell Tel. Co. Joseph T. Whalen Council Action 7/1/85 APPROVED with 2 stipulations listed on p. 2QQ U7YOF FRIDLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E., FRIDLEY, MINNESOTA 55432 • PHONE (612) 571-3450 NOTICE OF PUBLIC HEARING Notice is hereby given that the Appeals Commission of the City of Fridley will conduct a Public Hearing in the City Council Chambers at 6431 University Avenue Northeast at 7:30 p.m. on Tuesday, June 11 1985 in regard to the following matter: Consideration of a request for variances pursuant to Chapter 205 of the Fridley City Code, to reduce the required setback of an accessory building from a right-of-way from 35' to 141; to eliminate the 5' setback of buildings from hard surfaces on a portion of Tract C, Registered Land Survey #38, the same being 5750 East River Road. Notice is hereby given that all persons having an interest therein will be given the opportunity to be heard at the above time and place. PATRICIA GABEL CHAIRWOMAN APPEALS COMMISSION �' Paso 1 ��' .W14 t r 1 7 01 cel f-- �- �• � �� I IVnnIIII I .r- aww III s IAN 50 E. Rive s p L Wha en I t+ner U U �•r-c • I I , I' I �. �- — .•.' , I I , .TOO L v I I I I I ✓ 1 1 V — - u ISI .►w S � ' I L 1 I ....... — G:ilQni• R. K —' Z., m St. K r., S" K O Uto: '.0 Ue K �J J.. 1 U 01 cel f-- �- �• � �� I IVnnIIII I .r- aww III s IAN 50 E. Rive s p L Wha en I t+ner U U �•r-c • I I , I' I �. �- — .•.' , I I , .TOO L v I I I I I ✓ 1 1 V — - u ISI .►w S � ' I L 1 I ....... — G:ilQni• R. K —' Z., m St. K r., S" K O Uto: '.0 Ue K VARIANCE by Joseph Whalen 5750 E. River Road NW Bell Telephone Co.2 ZZ sLy ' � / -Q r —1 v,� F• /� loo 10 9ft332 (°�; o � l = EXCEPTION �� • �,•�4. 2s A If �o 26 . - �_ 290.29 --- - - r 26 / to Go,oge. 1 32 LO(iels / 1 2 1- eGocws ' VAZIANCE: To EJJM/N,47-E- 516Er &K ' OF .8U/Lb11V66 )cXOM #.4RP SURAL, ��{,�--- l/�RIAI� Fi�OM 3.5 � ly ��oM R D til• r" Goro9ey s Ila bgAt . 0 l s ,s T1'dr� a .is {s,7 .0 em1,;1'70 ;ILJ 11TL-UIF _ 1 1 � � 1 , 1 1 1 , 1 1 1 , . 1 1 , 1 � 1 I 1 . I 1, 1 1 1 1, 1 1 1 I I VARIANCE 5750 E. River Road ! v NW Bell Tel.Co• Joseph T. Whalen IJ lg. .u•w �' J ` r cc V ^ ....,. 11 — � I � � � III ., .� •" T T' Li L__j I-II ( l i tl I1 T ,n 1� P �k CI Y OF FM DLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE (612) 571-3450' Northwestern Bell Joseph Whalen CITY COUNCIL Evergreen Land Service ACTION TAKEN NOTICE 3300 Bass Lake Road Brooklyn Center, MN 55409 On July 1, 1985 , the Fridley City Council officially approved your request for variances to reduce the required setback of an accessory building from a right-of-way from 35' to ; to eliminate the setback of Buildings with the following stipulations: from hard surfaces. 1. Variance be contingent upon the approval of special use permit SP #85-06 to allow such storage. 2. The structure to be constructed of brick materials to match the existing structures. If you have any questions regarding the above action, please call the Planning Department at 571-3450. Sincerely,,ZZ 'JAMES L. ROBINSON PLANNING COORDINATOR JLR/de Please review the noted stipulatidns, sign the statement below and return one copy to the City of Fridley. Concur with action taken. COUNCIL MEETING OF JULY 1. 1985 CDuncilman Barnette voted against the motion. Mayor Nee declared the motion carried by a 4 to 1 vote. F-2. CIDNSIDERATION OF A VARIANCE TO REDUCE REQUIRED SETBACK OF AN ACCESSORY BUILDING FRIY A RIGHT-OF-VaY, AND TO ELIMINATE THE 5 FOOT SETBACK OF BUILDING FROM HARD SURFACES, 5750 EAST RIVER ROAD, BY JOSEPH T. WHALEN: Mr. Flora, Public Works Director, stated this is a request for a variance to reduce the required setback of an accessory building f ran a right-of-way frau 35 to 14 feet and to eliminate the five foot setback of buildings from hard surfaces at 5750 East River Road. He stated this variance is requested in conjunction with special use permit #85-06 for construction of a telephone storage building. Mr. Flora stated the Appeals Commission has recommended approval, with the stipulation that the special use permit is approved and the structure is to be constructed of brick materials to match the existing structures. MJTION by Councilman Fitzpatrick to concur with the recommendation of the Appeals Ccumission and grant the variance to reduce the required setback of an accessory building from a right-of-way from 35 feet to 14 feet; and to eliminate the five foot setback of buildings from hard surfaces at 5750 East River Road, with the following stipulation: (1) the structure be constructed of brick materials to match the existing structures. Seconded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. F-3. CONSIDERATION OF VARIANCE REQUEST TO REDUCE SETBACK OF A DRIVEWAY FROM SI*R= RI GgIL OF-4T,Y I NTERSECT I Oh , 441 HUGO STREET N . E . , BY DON CHOUINARD• Mr. Flora, Public Works Director, stated this is a request f a variance to reduce the required setback of a driveway fray the interne ion from 75 feet to 29 feet at 441 Hugo Street N.E. He stXodtan proposed is to construct a six unit toonhouse development on of property. Mr . Flora stated the hardship stated was the origr this property was not feasible, as the bank would not financct because of the garages being detached. He stated this pl calls for tuck -under garages. Councilman Fitzpatrick stated the origAl proposal was for ten units and is now down to six units which he felt as an improvement. Mr. Flora stated the Appeal ommission recommended approval of the variance, with stipulatio regarding a landscape plan; drainage plan; right-of-way dedicatio combining Lots 78 and 79; necessary street easements to be; and consideration of a "no parking" ban on one side of Hugo Street. !;1011 Mr. Frank H r, 450 Hugo Street, stated their main concern is the width cf the str and if there is space for emergency vehicles. He stated the Appe Commission recommended "no parking" on one side of Hugo so he COUNCIL MEETING OF JULY 1, 1985 M TION by Councilman Fitzpatrick to receive petition #14419 3. Seconded by Councilman Schneider. Upon a voice vote, all voting aye ` yor Nee declared the motion carried unanimously. Mrs. Anderson stated they have talked with 6 County regarding this problem, however, they were advised to cont.,a the City. Mrs. Anderson stated in winter the bushes also support theow and creates an even larger sight barrier. Mayor Nee stated in improving East River Road, it was to make it safer so the City would take a J,�k at this problem. Mayor Nee issued a proclamation proclaiming the week of July 1-7, 1985 as Greek Heritage Week and reoDgnized persons of Greek heritage who reside and conduct their businesseg'in the City. He urged all residents to look with pride on their awn ethnic backgrounds. 1. NEW BUSINESS• BY ADOPTING A NEW CHAPTER 208 ENTITLED "SATELLITE DISH ANTENNA REGULATIONS": Mayor NeeX, ated he had raised some questions regarding this proposed ordinance/and asked the item be tabled at this time. MOTION by Councilman Fitzpatrick to table this item. Seconded by Councilman Schneider. Upon a voice/vote„ all voting aye, Mayor Nee declared the motion carried una r)im.ously . 2. RECEIVING THE MINUTES OF THE PLANNING OOMMISION MEETING OF JUNE 19, 1985: A. CONSIDERATION OF SPECIAL USE PERMIT, sp #85-06 TO ALLOW OUTSIDE it STORAGE OF COMMUNICATION COMPUTER DISCS FOR AREA PHONE SYSTEM ,5-7:K` EASTRIVER ROAD ,�, NORTHWESTERN BELL, BY JOSEPH WHALEN: Mr. Flora, Public Works Director, stated this is a request for a special use permit on the southern portion of the Georgetown Apartments property. He stated there is a raw of garages along this portion of the property and the petitioner wishes to construct a 16 x 17 foot building for storage of telephone equipment. He stated this building will have a steel door and will be leased f rom the owners of the Georgetown Apartment complex. Mr. Flora stated, in conjunction with this special use permit, there is a request for variances. Mr. Flora stated the Planning Commission recommended approval of this special use permit, with the stipulations that the exterior materials be compatible with adjoining buildings and contingent on approval of the variances by the Appeals Commission, which they had done and would be discussed later in the meeting. MDTION by Councilman Fitzpatrick to grant special use permit, SP #85-06, to allow outside storage of communication computer discs for area phone system at 5750 East River Road with the following stipulation: (1) That the -2- THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY OOUNCIL OF JULY 1, 1985 Zhe Regular meeting of the Fridley City Council was called to order at 7:35 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Nee, Councilman Goodspeed, Councilman Fitzpatrick, Councilman Schneider and Councilman Barnette MEMBERS ABSENT: None PRESENTATION: HOME INSURANCE COMPANY'S CERTIFICATE OF MERIT TO CITY EMPLOYEES: Ms. Joanne Laney, Technical Representative of the Loss Control Department for Home Insurance, presented a certificate of merit to the City employees for their efforts in reducing accidents. She stated this was the second award received by the employees and the City can look proudly at their loss control efforts. She stated she has been working closely with Mr. Hunt the Past three years and the employees have the support and commitment from the administration. She extended congratulations for a job well-done. J. 40=101 A", NVIIiJAM COUNCIL MEETING, M4E 17, 1985: MDTION by Councilman Barnette to approve the minutes as presented. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: The following items were added: Consideration of boulevard mowing in undeveloped commercial and industrial areas and Consideration of Waiving 1:30 a.m. evacuation for special event at George's in Fridley. MDTION by Councilman Schneider to adopt the agenda with the above additions. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: Mrs. Ken Anderson, 132 River Edge Way, presented a petition for removal of bushes in the median on East River Road from 61st to 63rd. She stated the bushes present a traffic hazard and residents would like then removed. COUNCIL MEETING OF JULY 1. 1985 exterior materials be compatible with the adjoining buildings. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. B. ML131DERATION OF SPECIAL USE PERMIT, SP #85-07 TO ALWW OUTSIDE STORAGE OF MATERTAiS AND CONSTRUCTION EQUIPMENr LUT 5, CABA REALTY ADDITION, MAERTENS-BRENNY CONSTRUCTION ODMPANY BY JOSEPH MAERTENS: Mr. Flora, Public Works Director, stated this is a request for a special use permit to allow outside storage on property located off Main Street behind Raffele's. He stated this property, as well as the surrounding land, is z one d M-2. Mr. Flora stated the petitioner plans to construct an off ice/warehouse and store construction equipment in the yard in back. He stated the Planning Commission recommended approval of this request with five stipulations which he outlined pertaining to a landscpae plan; fencing and screening; drainage plan; refining of site plan; and a $25,000 performance bond or letter of credit. Mr. Flora stated staff would like to suggest an additional stipulation that the building elevations be supplied with indications of architectural character and appropriate building materials. Mr. Maertens, the petitioner, stated he didn't have a problem with the stipulations as most of them are�,standard since they have to meet the requirements of the City code. He didn't feel the stipulation recommended by staff had anything to do with granting the special use permit, as any exterior building elevations will Have to meet the surrounding area criteria. MOTION by Coundilman Goodspeed to grant special use permit, SP #85-07, with the following stipulations: (1) petitioner work with staff to complete an approved landscape plan including pl anti ng''around storage yard; (2) entire storage area to be fenced, with an eight foot high fence and screened with approved vinyl or wood slats and vines and fence to be eight feet high; (3) petitioner work with the Engineering Department to complete an approved drainage plan; (4) site plan to be refined to meet code and reviewed with staff; (5) a $25,000 performance bond or letter credit be supplied prior to issuance of a building permit; and (6) bui ding elevations to be supplied, with indications of architectural ch raster and appropriate building materials. Seconded by Councilman Barnett Upon a voice vote, all voting aye, Mayor Nee declared the motion carried nimously. C. ROAD N.E.. BY RANDY GROHNKE: Mr. Flora, Public Works Director, stated this special use permit was approved in 1984 with the requirement it be reviewed by the Planning Commission at their meeting in June, 1985. He states the items that need to be addressed, which, have not been completed, are the filing of a drainage -3- Councilman Barnette -voted gainst the motion. Mayor Nee declared the motion carried by a 4 to 1 vote. F-2. CONSIDERATION OF A VARIANCE TO REDUCE REQUIRED SETBACK OF AN Mr. Flora, Public Works Director, stated this is a request for a variance to reduce the required setback of an accessory building from a right-of-way fram 35 to 14 feet and to eliminate the five foot setback of buildings from hard surfaces at 5750 East River Road. He stated this variance is requested in conjunction with special use permit 185-06 for construction of a telephone storage building. Mr. Flora stated the Appeals Commission has recommended approval, with the stipulation that the special use permit is appy oved and the structure is to be constructed of brick materials to match the existing structures. MDTION by Councilman Fitzpatrick to concur with the recommendation of the Appeals Commission and grant the variance to reduce the required setback of an accessory building from a right-of-way from 35 feet to 14 feet; and to eliminate the five foot setback of buildings from hard surfaces at 5750 East River Road, with the following stipulation: (1) the structure be constructed of brick materials to match the existing structures. Seconded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. F-3. CONSIDERATION OF VARIANCE REQUEST M REDUCE SETBACK OF A DRIVEWAY FRDM ST'REE'T' RI GHT- OF- Y,V%Y INTERSECTION, 441 HIM STREET N . E . , BY DON CHOUINARD: Mr. Flora, Public Works Director, stated this is a request for a variance to reduce the required setback of a driveway from the intersection from 75 feet to 29 feet at 441 Hugo Street N.E. He stated the plan proposed is to construct a six unit townhouse dev el opment on this parcel of property. Mr. Flora stated the hardship stated was the original plan for this property was not feasible, as the bank would not finance the project because of the garages being detached. I,stated this plan calls for tuck -under garages. Councilman Fitzpatrick stated the original proposal was for ten units and is now dawn to six units which he felt was an improvement. Mr. Flora stated the Appeals Commi ion recommended approval of the variance, with stipulations regardin a landscape plan; drainage plan; right-of-way dedication; combining Loth, 78 and 79; necessary street easements to be granted; and consideration 'b a "no parking" ban on orie side of Hugo Street. Mr. Frank Hegner, 450 Hugo Street, stated their n concern is the width of the street and if there is space for emergency Vehicles. He stated the Appeals Commission recommended "no parking" on ne side of Hugo so he