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VAR 91-219 9 «Fj1304 STATE OF MINNESOTA CITY COUNCIL PROCEEDINGS COUNTY OF ANOKA CITY OF FRIDLEY In the Matter of a variance, VAR #91-21 ,' VARIANCE Anna Wichern. , Owner The above entitled matter came before the City Council of the City of Fridley and was heard on the 9th day of September , 1991 , on a petition for a variance pursuant to the City.of Fridley's Zoning Ordinance, for the following described property: To allow the existence of a 3.97 square foot free standing sign on Lot 9, Block 2, Sandhurst Addition, the same being 6880 East River Road N.E. IT IS ORDERED that a variance be granted as upon the following conditions or reasons: One stipulation. See City Council meeting minutes of September 9, 1991. STATE OF MINNESOTA ) COUNTY OF ANOKA ) CITY OF FRIDLEY ) OFFICE OF THE CITY CLERK I, Shirley A. Haapala, City Clerk for the City of Fridley with and 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 Fr=Minnesota, in the County of DRAFTED BY: City of Fridley 6431 University Avenue N.E. subscribed my hand at the City of Anoka on the �F`%_t/ day of Fridley, MN 55432 all6e SHIRLEY A. H APALA, CITY' CLERK Variances are valid for a period of one year following approval am ,,shall be'-. considered considered void if not used within that period. (SEAL) FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 9 1991 PAGE 8 5. RECEIVE ITEMS FROM THE APPEALS COMMISSION MEETING OF AUGUST 6 1991: A. VARIANCE REQUEST, VAR #91-21, BY ANNA WICHERN TO ALLOW THE EXISTENCE OF A 3.97 SQUARE FOOT FREE-STANDING DAYCARE SIGN ON LOT 9, BLOCK 2, SANDHURST ADDITION THE SAME BEING 6880 EAST RIVER ROAD: Ms. Dacy stated that the property is located on the west side of East River Road, just south of the Lockeslea Girl Scout Camp. She stated that the variance is to locate a free-standing sign in the R-1, Single Family District and also for a four foot square sign. She stated that existing on the property is a single family home, and the owner of the property operates a daycare operation. She stated that the sign has been in place for about three and one-half years. She stated that the sign was brought to the City's attention via complaints about signage along East River Road. Ms. Dacy stated that on August 6, 1991, the Appeals Commission recommended approval of the variance with one stipulation: (1.) The property owner shall submit a drainage and utility easement to the City in order to complete a sanitary sewer improvement to the facility when Anoka County completes the East River Road widening project. MOTION by Councilman Fitzpatrick to concur with the recommendation of the Appeals Commission and grant variance request, VAR #91-21, with the following stipulation: (1) The property owner shall submit a drainage and utility easement to the City in order to complete a sanitary sewer improvement to the facility when Anoka County completes the East River Road widening project. Councilwoman Jorgenson stated that the petitioner had requested her to talk to John Flora in order to get the sewer hooked up to this particular facility. She stated that the issue has been addressed at least three times in the last two years. She stated that she wanted to note for the record that the petitioner actually instigated getting the sewer hooked up. Mr. Herrick stated that he did not have a particular problem with the sign, but he did think that the comment made by staff that granting a variance for a sign in a residential district could set a precedent may have to be dealt with by Council in the future if and when other people make similar requests. He stated that it may be difficult to deny similar requests in the future. Councilman Fitzpatrick stated that Council has to deal with each request separately. Councilman Billings asked which hardship as outlined in Minnesota State Statues is applicable to this piece of property that gives Council the authority to grant the variance. C • • FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 9, 1991 PAGE 9 i Councilwoman Jorgenson stated that she believed they could address the hardship as being the irregularity of the lot and the fact that the house is placed considerably back from East River Road. She stated that if the petitioner reduced the sign to 3 feet by 3 feet and put it on the house, the sign would be illegible to people driving by at 45 m.p.h. Councilman Billings asked if the sign could be put on the garage. Councilwoman Jorgenson stated that the garage is set even further back than the house, and there are some very large trees on the boulevard that shelter a portion of the garage. Mayor Nee stated that he drives by this area a lot, and he has never even noticed the sign. He stated that if the sign has been there for three years it is not doing what it is supposed to be doing. Seconded by Councilman Schneider. Upon a voice vote, Mayor Nee, Councilwoman Jorgenson, Councilman Schneider, and Councilman Fitzpatrick voting aye, Councilman Billings voting nay, Mayor Nee declared the motion carried on a 4 to 1 vote. 6. RECEIVE ITEMS FROM THE APPEALS COMMISSION MEETING OF AUGUST 20, 1991• A. VARIANCE REQUEST, VAR #91-22, BY JENNIFER AND RONALD PRASEK, TO REDUCE THE REAR YARD SETBACK FROM 28 FEET TO 18 FEET TO ALLOW THE CONSTRUCTION OF A THREE -SEASON PORCH ADDITION ON LOT 25 BLOCK 2 HARRIS LAKE ESTATES THE SAME BEING 1681 CAMELOT LANE N.E.: Ms. Dacy stated that the property is zoned R-1, Single Family Dwelling. She stated that the property is located at the end of the cul-de-sac on Camelot Lane just south of Harris Pond. She stated that the variance request is to reduce the rear yard setback from 28 feet to 18 feet to allow the construction of a three season porch. She stated that staff had recommended denial of the request; however, the Appeals Commission recommended approval with one stipulation: (1.) No construction shall occur within the 15 foot drainage and utility easement located parallel to the north lot line. Ms. Dacy stated that the hardship addressed by the Appeals Commission was that this is a unique situation in that the property abuts Harris Pond to the rear; therefore, it would not overcrowd the neighborhood. MOTION by Councilman Schneider to concur with the recommendation of the Appeals Commission and grant variance request, VAR 491-22, with the following stipulation: (1) No construction shall occur 06 1.304 • Numeriod Grantor Grantee Recorded Checked Margin Tr. Index 1,FFICE OF BOUNTY AECORDtn STATE OF MINNE80TA, COUNTY OF ANOKA C1 I hereby cerdty that the wilfdn instru- Fc'• ment was Reed in this office for record Jar 7 on ft ~` �u O'dedc .M., and was duly recorded o NO my "a o�cr 0 cn City of Fridley 6431 University Ave NE Fridley Mn 55432 Community Development O CIlYOF FRIDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 • (612) 571-3450 • FAX (612) 571-1287 CITY COUNCIL ACTION TAKEN NOTICE September 16, 1991 Anna Wichern 6880 East River Road N.E. Fridley, MN 55432 Dear Ms. Wichern: On September 9, 1991, the Fridley City Council officially approved your request for a variance, VAR #91-21, to allow the existence of a 3.97 square foot free-standing daycare sign on Lot 9, Block 2, Sandhurst Addition, the same being 6880 East River Road N.E., with the following stipulation: 1. The property owner shall submit a drainage and utility easement to the City in order to complete a sanitary sewer improvement to the facility when Anoka County completes the East River Road widening project. If you have any questions regarding the above action, please call the Planning Department at 571-3450. S' cere , Barbara Dacy Community Developmen Director BD/dn Please review the above, sign the statement below and return one copy to the City of Fridley Planning Department by September 30, 1991. Concur with action taken FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 9, 1991 PAGE 7 3. FIRST READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS (REZONING REQUEST ZOA #91-01) BY MARK KVALHEIM OF BAILEY ENTERPRISES: Ms. Dacy stated that the rezoning request is for an office building located north of Mississippi Street and west of Holly Shopping Center. She stated that the property is zoned R-3, Multiple Family Dwelling. She stated that at the time the buildin was constructed in the late 1950's, an office use was a special use and/or a permitted use in that zoning district. % Ms. Dacy stated that the proposal is to rezone the east half of that building from R-3, Multiple Family Dwelling, to C-2, General Business. She stated that the intent of the rezoning is to allow the location of a children's consignment shop in the lower portion of the eastern half of the building. S e stated that the Planning Commission recommended approval of therezoning on a 3-2 vote with the condition that the petitioner obt in a cross parking easement for nine spaces for use in the Holly Shopping Center. She stated that staff had recommended denial based on the fact that the lot, as platted, does not meet the C-2 lot and structure requirements. Ms. Dacy stated that Council,/ conducted a public hearing on August 26, 1991. She statedat she did not know the status of whether or not the petitionet has been able to obtain the cross parking easement with Holly/Shopping Center. Councilman Fitzpatrick st ed that the children's consignment shop is not a proper use in to e R-3 zoning, and he did not think they should redraw the lines accommodate a particular business. He stated that they would a degrading the property without adequate parking, and they w uld be encroaching into the residential neighborhood by brin ing in a different zone. MOTION by Councilmy�n Fitzpatrick to deny the ordinance for first reading. Seconded/by Councilman Billings. Upon a voice vote, all voting aye, Mayor/Nee declared the motion carried unanimously. 4. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF AUGUST 21 1991• MOTION by Vdthe cilwoman Jorgenson to receive the minutes. Seconded by CouncilBillings. Upon a voice vote, all voting aye, Mayor Nee declar motion carried unanimously. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 9, 1991 PAGE 8 5. RECEIVE ITEMS FROM THE APPEALS COMMISSION MEETING OF AUGUST 6 1991• A. VARIANCE REQUEST, VAR #91-21, BY ANNA WICHERN TO ALLOW THE EXISTENCE OF A 3.97 SQUARE FOOT FREE-STANDING DAYCARE SIGN ON LOT 9, BLOCK 2, SANDHURST ADDITION, THE SAME BEING 6880 EAST RIVER ROAD: Ms. Dacy stated that the property is located on the west side of East River Road, just south of the Lockeslea Girl Scout Camp. She stated that the variance is to locate a free-standing sign in the R-1, Single Family District and also for a four foot square sign. She stated that existing on the property is a single family home, and the owner of the property operates a daycare operation. She stated that the sign has been in place for about three and one-half years. She stated that the sign was brought to the City's attention via complaints about signage along East River Road. Ms. Dacy stated that on August 6, 1991, the Appeals Commission recommended approval of the variance with one stipulation: (1.) The property owner shall submit a drainage and utility easement to the City in order to complete a sanitary sewer improvement to the facility when Anoka County completes the East River Road widening project. MOTION by Councilman Fitzpatrick to concur with the recommendation of the Appeals Commission and grant variance request, VAR 091-21, with the following stipulation: (1) The property owner shall submit a drainage and utility easement to the City in order to complete a sanitary sewer improvement to the facility when Anoka County completes the East River Road widening project. - Councilwoman Jorgenson stated that the petitioner had requested her to talk to John Flora in order to get the sewer hooked up to this particular facility. She stated that the issue has been addressed at least three times in the last two years. She stated that she wanted to note for the record that the petitioner actually instigated getting the sewer hooked up. Mr. Herrick stated that he did not have a particular problem with the sign, but he did think that the comment made by staff that granting a variance for a sign in a residential district could set a precedent may have to be dealt with by Council in the future if and when other people make similar requests. He stated that it may be difficult to deny similar requests in the future. Councilman Fitzpatrick stated that Council has to deal with each request separately. Councilman Billings asked which hardship as outlined in Minnesota State Statues is applicable to this piece of property that gives Council the authority to grant the variance. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 9, 1991 PAGE 9 Councilwoman Jorgenson stated that she believed they could address the hardship as being the irregularity of the lot and the fact that the house is placed considerably back from East River Road. She stated that if the petitioner reduced the sign to 3 feet by 3 feet and put it on the house, the sign would be illegible to people driving by at 45 m.p.h. Councilman Billings asked if the sign could be put on the garage. Councilwoman Jorgenson stated that the garage is set even further back than the house, and there are some very large trees on the boulevard that shelter a portion of the garage. Mayor Nee stated that he drives by this area a lot, and he has never even noticed the sign. He stated that if the sign has been there for three years it is not doing what it is supposed to be doing. Seconded by Councilman Schneider. Upon a voice vote, Mayor Nee, Councilwoman Jorgenson, Councilman Schneider, and Councilman Fitzpatrick voting aye, Councilman Billings voting nay, Mayor Nee declared the motion carried on a 4 to 1 vote. 6. RECEIVE ITEMS FROM THE APPEALS COMMISSION MEETING OF AUGUST 20, 1991: A. VARIANCE REQUEST, VAR #91-22, BY JENNIFER AND RONALD PRASEK, TO REDUCE THE REAR YARD SETBACK FROM 28 FEET TO 18 FEET, TO ALLOW THE CONSTRUCTION OF A THREE -SEASON PORCH ADDITION ON LOT 25, BLOCK 2, HARRIS LAKE ESTATES, THE SAME BEING 1681 CAMELOT LANE N.E.: Ms. Dacy stated that the property is zoned R-1, Single Family Dwelling. She stated that the property is located at the end of the cul-de-sac on Camelot Lane just south of Harris Pond. She stated that the variance request to reduce the rear yard setback from 28 feet to 18 feet to allow he construction of a three season porch. She stated that staff had recommended denial of the request; however, the Appeals Commission recommended approval with one stipulation: (1.) No construction shall occur within the 15 foot drainage and utility easement located parallel to the north lot line. Ms. Dacy stated th t the hardship addressed by the Appeals Commission was that his is a unique situation in that the property abuts Harris Pond o the rear; therefore, it would not overcrowd the neighborhood MOTION by Councilman Schneider to concur with the recommendation of the Appeals Commission and grant variance request, VAR #91-22, with the f9ilowing stipulation: (1) No construction shall occur FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 9, 1991 PAGE 10 within the 15 foot drainage and utility easement located parallel to the north lot line. Councilman Billings asked what hardship in Minnesota State Statutes is applicable to this piece of property that gives Council the authority to grant the variance. Councilman Schneider stated that the hardship is s ated in staff's report on agenda page 6.4: "While the subjectis shorter than adjacent properties due to its location on a cul1 a -sac, the design of the home is such that the living area is sept back farther than the garage area." He stated that the lot is unique also in that it abuts Harris Pond. Councilman Billings stated that as heand stands Minnesota State Statutes, the hardship has to be somethin that is a unique quality of the lot, not something that the property owner has willfully done in order to create a situation that is different from others. He stated that he would request an pinion from the City Attorney as to whether or not granting this va fiance would meet the intent of Minnesota State Statues. Mr. Herrick stated that Councilma Billings correctly paraphrased the statute. He stated that there has to be something unique about the property and that the pro erty owner did not create the problem. He stated that that is the law. He stated that Council are the judges as to whether this situation meets that requirement of the law. He questioned if the situation as described in the agenda and illustrated on the map is a situation where there is a hardship created by the nature of the property and not by the property owner. - Seconded by Councilman F' zpatrick. Upon a voice vote, Mayor Nee, Councilman Schneider, ouncilwoman Jorgenson, and Councilman Fitzpatrick voting aye Chairman Billings voting nay, Mayor Nee declared the motion c ried on a vote of 4 to 1. B. VARIANCE REQUEST, VAR #91-23, BY WARREN AND GERRY STOCK TO INCREASE THE MAXIMUM ALLOWABLE LOT COVERAGE FROM 25 PERCENT TO 26 PERCENT fro ALLOW THE CONSTRUCTION OF AN ADDITION ON LOTS 3AND 4, BLOCK 11, SPRING BROOK PARK. THE SAMP. RRTNr 7RA Ms. Dacy state that the original variance request was to increase the maximum a owable lot coverage from 25 percent to 28.3 percent. She stated at at the Appeals Commission meeting the petitioner presented a plan to construct a 12 feet by 20 feet addition to the existing h se. She stated that the Appeals Commission recommended denial of that request on a 2 to 1 vote, and the petitioner then reduced is request to a 10 feet by 20 feet addition, reducing the lot cove age from 28.3 percent to 26 percent. Community Development Department PIAMSUNG DIVISION City of Fridley DATE: September 5, 1991 TO: William Burns, City Manager,,, C FROM: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant SUBJECT: Variance Request, VAR #91-21, by Anna Wichern, Located at 6880 East River Road N.E. Attached please find the above referenced staff report. The Appeals Commission voted to recommend approval of the request to allow a free-standing sign of 4 square feet in a residential district with the following stipulation: 1. The property owner shall submit a drainage and utility easement to the City in order to complete a sanitary sewer improvement to the facility when Anoka County completes the East River Road widening project. Staff recommends that the City Council deny the request as the four conditions outlined in the Sign Code for granting variances have not been met. MM:ls M-91-596 C STAFF REPORT APPEALS DATE Amust 6, 1991 CITY OF PLANNING COMMISSION DATE FWDLEY CITY COUNCIL DATE September 9, 1991 AUTHOR MM/ls REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION SITE DATA SIZE DENSITY PRESENT ZONING ADJACENT LAND USES & ZONING UTILITIES PARK DEDICATION ANALYSIS FINANCIAL IMPLICATIONS CONFORMANCE TO COMPREHENSIVE PLAN COMPATIBILITY WITH ADJACENT USES & ZONING ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMENDATION APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENDATION VAR #91-21 Anna Wichern To allow a free-standing sign of 3.97 sq. ft. in a residential district 6880 East River Road 16,376 sq. ft. R-1, Single Family Dwelling R-1, Single Family Dwelling, to E, S, & W; Lockslea Girls' Camp to N Denial Approval with stipulations 5A Staff Report VAR #91-21, 6880 East River Road Page 2 A. STATED HARDSHIP: "To allow child care sign to be placed in front yard." B. ADMINISTRATIVE STAFF REVIEW: Request The petitioner requests a variance to allow the continued existence of a free-standing sign of approximately 3.97 square feet on Lot 9, Block 2, Sandhurst Addition, the same being 6880 East River Road. Site Located on the property is a two story single family dwelling unit with a detached garage. The petitioner currently operates and has operated a daycare facility from this location since before 1987. The sign is located at the north- east corner of the property along East River Road. Analysis Section 214.09 of the Sign Code allows two types of signs in residential districts: (1) area identification signs of up to 24 square feet in area; and (2) wall signs of up to 3 square feet in area and one sign per dwelling unit. The existing sign is 3.97 square feet in area and was constructed as a free-standing sign. Section 214.21.02 of the Sign Code requires that four conditions be met prior to the Appeals Commission recommending approval of a variance from the literal provisions of the Sign Code. A. That there are exceptional or extraordinary circumstances applicable to the property or to the intended use that do not apply generally to other property in the same vicinity or district. The property is currently zoned R-1, Single Family Dwelling, and, while the house is somewhat screened by vegetation, the sign could be visible to southbound traffic traveling on East River Road if it was placed on the wall of the dwelling unit. There are not any exceptional circumstances which would differentiate it from properties zoned similarly. B. That the variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and district, but which is denied to the property in question. 5D Staff Report VAR #91-21, 6880 East River Road Page 3 To deny the sign variance would not remove signage from the property, but would limit and allow signage as conditioned by the Sign Code. C. That the strict application of the Chapter would constitute an unnecessary hardship. Strict application of the Chapter would require that the sign be placed on the dwelling unit and reduced to 3 square feet in area. As was stated earlier, the sign would still be visible to southbound traffic traveling on East River Road. D. That the granting of the variance would not be materially detrimental to the public, health, safety, or general welfare, or detrimental to the property in the vicinity or district in which the property is located. While the sign does not greatly exceed the square footage allowed by Code, nor does it obstruct visibility for traffic or adjacent property owners, the granting of the variance may create a precedent for future requests. The sign could be considered to contribute to visual pollution. Recommendation As the four conditions required within the Code have not been met, staff recommends that the Appeals Commission recommend denial of the request to the City Council. However, if the Commission chooses to recommend approval of the request, staff recommends the following stipulation: 1. The property owner shall submit a drainage and utility easement to the City in order to complete a sanitary sewer improvement to the facility when Anoka County completes the East River Road widening project. (See attached documentation from the Engineering Department which explains the background to this request.) Appeals Commission Action The Appeals Commission voted to recommend to the City Council approval of the request with the stipulation recommended by staff. City Council Recommendation Staff recommends that the City Council deny the request as it does not meet the four conditions outlined in the Code. 5E APPEALS COMMISSION MEETING, AUGUST 6, 1991 PAGE 3 Ms. McPherson stated th re are photos in the staff report. One photo shows the petition is side fence and top of the roof next door. Dr. Vos asked that if the etitioner decided to add 5 feet on to the north of garage, would variance be required? Ms. McPherson stated, yes, as uming future staff maintains the same front yard to rear yard inter retation. If you were to expand the garage to the lot line, it w uld be a rear variance from 30 feet to 0 feet. Staff couldn't con rol how the house was placed on the lot and the interpretation tha was made at the time it was built, but staff has placed an interpr tation based on the definition they have today. MOTION by Ms. Beaulieu, seconded by Dr. Vos, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, HAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEAR G CLOSED AT 7:40 P.M. Dr. Vos stated he thought it reasona le to approve a nonconforming request. Corner lots are always di ficult in the interpretation of what is the front and side yards, and that is where the City gets into some difficulty. He would to in favor of the request. Ms. Savage and Ms. Beaulieu agreed. MOTION by Dr. Vos, seconded by Ms. Beaul'eu, to recommend approval of Variance Request, VAR #91-20, by Ric and Hudrlik, per Section 205.07.03.D.(3).(a) of the Fridley Cityode, to reduce the rear yard setback from 30 feet to 10 feet, to correct a nonconforming condition to allow the construction of an ddition on Lot 9, Block 2, Parkview Oaks First Addition, the same eing 5502 Regis Trail N.E. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. \ 2. CONSIDERATION OF VARIANCE REQUEST VAR #91-21 BY ANNA WICHERN- Per Section 214.04.02 of the Fridley City Code, to allow the existence of a 3.97 square foot free-standing daycare sign on Lot 9, Block 2, Sandhurst Addition, the same being 6880 East River Road. MOTION by Dr. Vos, seconded by Ms. Beaulieu, to open the public hearing. 5L APPEALS COMMISSION MEETING, AUGUST 6, 1991 PAGE 4 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:43 P.M. Ms. McPherson stated the variance request is for 6880 East River Road. The property is located on the west side of East River Road just south of Lockslea Girl Scout Camp. The property is zoned R- 1, Single Family Dwelling. Ms. McPherson stated the reason for processing the variance is to follow-up on a request by the ward councilmember who requested, in the response to a letter regarding an illegal home occupation sign, that staff look at any or all residential signs along East River Road. The City requested that the petitioner either remove the sign or apply for a variance. Ms. McPherson stated the sign advertises a daycare the petitioner operates and has operated since before 1987. The Sign Code allows two types of signs in a residential district: area identification sign of up to 24 square feet and wall signs up to 3 square feet in area and one sign per dwelling. The existing sign in question is a free standing sign and is approximately 4 square feet in area. The sign code has four conditions that must be met before recommending approval: A. That there are exceptional or extraordinary circumstances applicable to the property or to the intended use that do not apply generally to other property in the same vicinity or district. Ms. McPherson stated the property is currently zoned R-1 and, while the house is somewhat screened by vegetation along East River Road, if the sign were to be placed on the wall, it could be visible to traffic travelling southbound on East River Road. There are no exceptional or extraordinary circumstances which make this property unique from other R-1, Single Family, properties. B. That the variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and district, but which is denied to the property in question. Ms. McPherson stated that to deny the variance would not remove signage from the property but would limit the signage to that which is allowed under the sign code. C. That the strict application of the Chapter would constitute an unnecessary hardship. Ms. McPherson stated strict application of the chapter would require that the sign be reduced to 3 square feet and be placed on 5M APPEALS COMMISSION MEETING, AUGUST 6, 1991 PAGE 5 the dwelling unit instead of existing as a free-standing sign. The sign could be visible to those travelling southbound on East River Road. D. That the granting of the variance would not be materially detrimental to the public, health, safety, or general welfare, or detrimental to the property in the vicinity or district in which the property is.located. While the sign itself does not greatly exceed the square footage allowed by code, nor does it obstruct traffic visibility or visibility from adjacent properties, the granting of this variance may create a precedent for future requests. The sign could be considered to contribute to visual pollution, as stated in the public purpose. Ms. McPherson stated, as the four conditions required have not been met, staff recommends denial of the request. However, if the commission chooses to recommend approval, staff recommends the stipulation that the property owner submit a drainage and utility easement to the City in order to complete a sanitary sewer improvement to the dwelling unit when Anoka County completes the East River Road widening. The property is currently serviced by a septic system which is connected to a lift station which connects into the City system on Hartman Circle. The Engineering Department has requested Anoka County connect this property to the sanitary sewer across East River Road and, therefore, the City would need a drainage and utility easement. Ms. Savage asked if the only type of sign that would be in conformance is a wall sign. Ms. McPherson stated, yes, with an area of 3 square feet. Ms. Beaulieu asked if it was alright to advertise a business in an R-1 district. Ms. McPherson stated, yes, the Code cannot define the type of message that is written on the sign. It could be a personal expression sign, a "for sale" sign, an advertising sign such as this, etc. Dr. Vos asked if the sign must be attached to the dwelling. Ms. McPherson stated that according to the Code, the sign must be attached to a wall. It must be some type of structure not including a fence. Dr. Vos asked if the only other sign allowed was an area identification sign. 5N APPEALS COMMISSION MEETING, AUGUST 6, 1991 PAGE 6 Ms. McPherson stated, yes. This is defined in the Code as the identification of a multi -family residential area or a single family residential area of more than 10 units. Ms. Savage asked if this began when a City Council member asked staff to check signs along East River Road. Ms. McPherson stated, yes. In May, she received an anonymous complaint for a free-standing business sign located at 79th and East River Road. She sent a letter to the property owner that the sign did not meet Code. The property owner called and asked how to process a variance. After receiving an explanation of the process, the property owner decided they could not afford the fee. This person contacted their ward councilmember. The ward councilmember then asked her to do a visual sign inventory for East River Road. Ms. Savage asked the petitioner how she felt about replacing the current sign with a wall sign. Ms. Wichern stated she did not think a wall sign would be visible. There are trees, then a small break, and then bushes. She has been a child care provider since 1978 and provides referrals for Fridley licensed child care providers. She is providing a service to the parents in Fridley in trying to place children in safe homes. Day care providers must go through a police check, fire check and FBI check. When parents call for openings, she can give out names of homes in Fridley that are licensed to help put children in safe homes. That is why she decided to apply for a variance. Ms. Savage asked how long the sign has been there. Mr. Jagger stated the sign has been there for approximately 3 1/2 years. Mr. Jagger asked when the sign ordinance was passed. Ms. McPherson stated the ordinance was passed in 1977. Mr. Jagger stated the sign is not objectionable and is not bright. It blends in with the area. What if the sign is reduced? Ms. Savage stated the problem is that the sign is a free-standing sign and nonconforming with the Code requirements. Mr. Jagger is right in that the sign does blend in with the area. Dr. Vos asked if there was a sign up the road at the Girl Scout camp. 50 APPEALS COMMISSION MEETING, AUGUST 6, 1991 PAGE 7 Ms. Beaulieu stated the design is very similar. Dr. Vos stated there is also a sign at the Locke House. Ms. McPherson stated the Banfill Locke House and Lockslea Girl Scout signs are considered institutional signs and can be up to 32 square feet in area. Dr. Vos asked if this is because of their function. Ms. McPherson stated, yes. Mr. Jagger stated anything attached to the building would be virtually worthless for the service. Dr. Vos asked how far back the house is set back from the property line. Ms. McPherson stated the house is set back 53 feet from the property line. The property line is close to the curb line on that side of East River Road. In fact, the County will be taking some of the property when doing the widening project. Ms. Wichern stated she has no objection with hooking up with the sewer. Ms. McPherson stated that if the Commission recommends approval and this is a requirement, she would have the Engineering Department contact Ms. Wichern and draw up the documents. Ms. Wichern stated that her concern is not her business, but she is concerned about the welfare of children. Ms. Savage asked if there are alternatives to providing this service. Ms. Wichern stated Anoka County Day Care Association advertises in the Fridley Focus and on cable television. The sign, however, seems to generate more calls than the other forms of advertising. She keeps track of the source of calls. Funds are limited, and she feels she is doing a service to the children for which she is not being paid. Dr. Vos stated it seems that the traffic traveling southbound would see the sign. Where would staff suggest placing the sign on the dwelling? Ms. McPherson stated on the northeast corner of the east side of the house. 5P APPEALS COMMISSION MEETING, AUGUST 6, 1991 PAGE 8 Ms. Wichern stated the sign would be seen for only 5 seconds in that location. Dr. Vos stated there is much vegetation and the house is set back 53 feet and the garage is set back approximately 90 feet. The sign would have to be placed on the east or north side of the house. The Code requires 3 square feet. Does the 3.97 square feet include the structural support? Ms. McPherson stated the 3.97 square feet includes only the sign. It does not include the structure that supports the sign. If the Commission chooses to recommend approval of the variance, they could recommend approval to: (a) allow a free-standing part; and/or (b) continue to allow a 3.97 square feet sign. Dr. Vos asked that if the variance is granted for a free-standing sign without the second part, does the petitioner have the option to put up, for example, an 8 square foot sign? Ms. McPherson stated that if the petitioner wanted to make the sign bigger, she would recommend the petitioner come in for another variance. Dr. Vos stated it sounds like they are tied together. Ms. Savage asked that if the variance is granted, does Ms. Wichern want a new sign? Ms. Wichern stated, no, she wants to keep the current sign. Mr. Jagger stated he did not think the sign itself is 3 square feet. Ms. McPherson stated the sign dimension as she measured is 1.5 feet x 2.65 feet. The frame area is 3 feet wide and 5.7 feet tall. Ms. Wichern stated the neighbors have no problem with the sign. The sign does not detract from the neighborhood. MOTION by Ms. Beaulieu, seconded by Dr. Vos, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 8:02 P.M. Ms. Beaulieu stated she would abstain from voting. Ms. Savage asked if the Commission could vote with only two members voting. Ms. McPherson stated, yes. 50 APPEALS COMMISSION MEETING, AUGUST 6, 1991 PAGE 9 Ms. Beaulieu stated she knows the area well. Will this set a precedent for others in the area to want a sign, too? Ms. Savage stated her main concern is setting a precedent. The thing that caught her attention this time is that this sign has contributed to parents calling about licensed and reliable day care. The only way she would approve the request would be on this very special set of circumstances which almost rises to the level of a child protection issue. Looking at it that way, it would not normally set a precedent. This is a rather unique reason for allowing the sign to continue in existence. Dr. Vos stated this is a difficult decision. If they go by the letter of the ordinance, the sign would have to go on the house. With the construction of East River Road, there is a curve there, plus the setback of the house and garage, it seems unrealistic to require the placement of the sign in that type of setting. The nature of the sign makes him more sympathetic. He would not be as open to support if it advertised some other type of service. It has been his experience that the need for safe child care anywhere is something that they should support. He would vote in favor and let the City Council discuss it and make the final decision. MOTION by Dr. Vos, seconded by Ms. Savage, to recommend approval variance request, VAR #91-21, per Section 214.09.02 of the Fridley City Code, to allow the existence of a 3.97 square foot free- standing daycare sign on Lot 9, Block 2, Sandhurst Addition, the same being 6880 East River Road with the following stipulation: 1. The property owner shall submit a drainage and utility easement to the City in order to complete a sanitary sewer improvement to the facility when Anoka County completes the East River Road widening project. UPON A VOICE VOTE, VOS AND SAVAGE VOTING AYE, BEAULIEU ABSTAINING, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED. Ms. McPherson stated the City Council will discuss this variance September 9, 1991. 3. UPDATE ON PLANNING COMMISSION AND COUNCIL ACTIONS: Ms. McPherson reviewed the recent Planning Commission and City Council action items. 5R MAILING LIST • VAR #91-21 6880 EAST RIVER ROAD Anna Wichern George Bjorklund 6880 East River Road 48 - 69th Way N.E. Fridley, MDI 55432 Fridley, MDT 55432 Margaret Greshnik John Jagger 121 Hartman Circle 6831 East River Road Fridley, MDI 55432 Fridley, MN 55432 Rayrrmnd Anderson Girl Scout Council of Mpls. 125 Hartman Circle 6900 East River Road Fridley, MDT 55432 Fridley, MDI 55432 Gerald McDonald Virginia Daniels 129 Hartman Circle 6901 East River Road Fridley, MDT 55432 Fridley, MDI 55432 Kenneth Miller Diane Savage 137 Hartman Circle 567 Rice Creek Terrace N.E. Fridley, MDI 55432 Fridley, MN 55432 Martin Gavic 141 Hartman Circle City Council Fridley, MDI 55432 City Manager William Gardiner Mark Knutson 6823 East River Road 140 Hartman Circle Fridley, MDT 55432 Fridley, MDT 55432 Phyllis Mooney Ruth Mueller 6827 East River Road 120 Hartman Circle Fridley, MDT 55432 Fridley, MDT 55432 William Thompson 6835 East River Road Fridley, MDT 55432 Mailed: 7/26/91 PUBLIC HEARING BEFORE THE APPEALS COMMISSION ----------------------------------------------------------------- ----------------------------------------------------------------- Notice is hereby given that the Appeals Commission of the City of Fridley will conduct a Public Hearing at the Fridley Municipal Center at 6431 University Avenue N.E. on Tuesday, August 6, 1991, at 7:30 p.m. for the purpose of: Consideration of variance request, VAR #91-21, by Anna Wichern: Per Section 214.09.02 of the Fridley City Code, to allow the existence of a 3.97 square foot free-standing daycare sign on Lot 9, Block 2, Sandhurst Addition, the same being 6880 East River Road, Fridley, Minnesota, 55432 Any and all persons desiring to be heard shall be given the opportunity at the above stated time and place. DIANE SAVAGE CHAIRPERSON APPEALS COMMISSION Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. VA � i Community Development Department PLANNING DIVISION City of Fridley DATE: July 3, 1991 TO: Barbara Dacy, Community Development Director FROM: Michele McPherson, Planning Assistant SUBJECT: Followup on Residential Signs on East River Road This is a followup on my memo of May 30, 1991, regarding several residential signs along East River Road. I inspected the daycare sign at 6880 East River Road and found that it is still being displayed. I sent a letter on July 2, 1991, to the daycare provider regarding the need to apply for a variance. The other outstanding sign issue is the off -premise, out -of -city signs currently displayed in the area of 77th Avenue and East River Road, as well as Osborne Road and East River Road. I contacted the Be1Rae Ballroom regarding the need to remove these signs. They contacted me and provided me with the number of the company responsible for installing these signs. I will send a letter to Jensen Posting, the company responsible for these signs, and request that they be removed. MAM:1s M-91-485 CW v1'% DATE: TO: FROM: SUBJECT: Community Development Dep PIANNING DIVISION / City of Fridley May 30, 1991 Barbara Dacy, Community Development Director 1. Michele McPherson, Planning Assistant Request from Councilman Fitzpatrick Regarding Residential Signs I have researched the list of residential signs given to you by Councilman Fitzpatrick. The following is a list of the signs and the result of the investigation. 1. Welding sign located one block north of Osborne and East River Roads - The sign is for a business operated by Mr. Wojcik of 109 - 76th Way. I sent a letter to Mr. Wojcik requesting that he move the sign to a wall or apply for a variance.,,,_ 2. Daycare center sign located at 6880 East River Road - I sent a letter to the resident requesting the sign to be removed or apply for a variance. 'ikC:KgV& (e•?, -t 3. Festival of Nations sign located at 73rd Avenue and East River �p Road - This sign appears to be an off -premise, out-of-city sign used to advertise a variety of events. The current sign in this location is advertising a State music festival at the Bel -Rae Ballroom in Moundsview. In addition to this sign, there are several others located in this general area of the City. I will send a letter requesting that these signs and any other $ oc ted w thin the * be removed— ec C 'E� ,thin hu h O"e 4.xeO 4. Church of Christ sign at 7 h and Mississippi Streets - The sign is in conformance with the sign code, and does have a permit (see attached). If the _ity Council wishes to provide further direction regarding any or all of the above signs, please let me know. Mr. Hengtes .has not removed his sign or applied for a variance. Unless the City Council has further direction, I will notify Mr. Hengtes that he has 20 days to comply with the sign code or the City will remove the sign and assess the cost to him. MM/ do 6i ✓11.V I ,gee M-91-377 51 CINOF FRIDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 • (612) 571-3450 • FAX (612) 571-1287 February 7, 1991 PW91-32 Mr. Jon Olsen Anoka Co. Hwy. Dept. 1440 Bunker Lake Blvd. Andover MN 55304 SUBJECT: Sewer Service for 6880 East River Road Dear Jon: This letter is to follow up on the telephone conversation we had on February 7, regarding a new sewer service at 6880 East River Road. The present owner is on sanitary sewer but it requires a lift station or pump and he has been having some problems and we felt that with the proposed improvement of East River Road and the street being cut that now would be the time to provide him a new sewer service. As we discussed Jon, the most opportune manhole to tie into, in this case, is located at 69th Way and East River Road as that manhole is much deeper than the dead-end manhole is just south of the intersection. Please provide a service from that manhole to the above property and incorporate it in the plans of the improvements to East River road. Thank you Jon for taking care of this for us. Sincerely, `Clyd / V . Moravetz Engineering Assistant CVM/kn 5G i CITY OF FORIOLtY, qmw SuRjECT PET NO •4,1 LINIvanarTV Ava- Pft- O 0947 ii110L.[r, INN. 06433 Ii7BD 671-3460 SIGN PERMIT RE COMMUNITY DEVELOPMENT DIV. PROTECTIVE INSPECTION SEC wuM�EA AEv DATE PAGE of APPAOVED 61 s I -BI 5/4/87 Boo )DB ADDRESS 501 Mississippi Street N.E. i LEGAL DESCR LOT NO 10 BLOCK 1 TRACT OR ADDITION Rice Creek Terrace Plat 1 2 PROPERTY OWNER MAIL ADDRESS ZIP PHONE Fridley Church of Christ 501 Mississippi Street N.E. 571-8957 3 SIGN ERECTOR MAIL ADDRESS ZIP PHONE LICENSE NO DeMars Signs 4040 East River Road N.E., Fridley 55421 781-1315 d SIGN TYPE ( ) MALL (X) PYLON ( ) ROOF ( ) OTHER S CONSTRUCTED OF: 6. ZONING Aluminum 7 BUILDING LENGTH B EXISTING SIGN AREA G MAXIMUM AREA ALLOWED 10 CLASS OF WORK NEW 0 ADDITION 0 ALTERATION 0 REPAIR 11 DESCRIBE SIGN LENGTH: 61 HEIGHT: 41 SG. FT. 24 HEIGHT ABOVE GRADE: 12 MESSAGE (SEE ATTACHED SKETCH) "Church of Christ" STIPULATIONS SEPARATE PERMITS ARE REOUIRED FOR ELECTRICAL. WIRING, OR REVOLVING BEACONS, ZIP FLASHERS, AND SIMULATED DEVICES, ALTERATION OF THE BUILDING. INCLUDING ANY SOURCE OF LIGHT WHICH CHANGES IN INTENSITY THIS PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION ARE PROHIBITED. AUTHORIZED IS NOT COMMENCED WITHIN be DAYS, OR IF CONSTRUCTION OR WORK IS SUSPENDED OR ABANDONED FOR A PERIOD OF 120 DAYS AT ANY TIME AFTER WORK IS COMMENCED. I HEREBY CERTIFY THAT 1 HAVE READ AND EXAMINED THIS APPLICATION AND KNOW THE SAME TO BE TRUE AND CORRECT ALL PROVISIONS OF LAWS AND ORDINANCES GOVERNING THIS TYPE OF WORK WILL BE COMPLIED VALUATION SURTAX WITH WHETHER SPECIFIED HEREIN OR NOT THE GRANTING OF A PERMIT $21000 N/A DOES NOT PRESUME TO GIVE AUTHORITY TO VIOLATE OR CANCEL THE PROVISIONS OF ANY OTHER STATE OR LOCAL LAW REGULATING CON- PERMIT FEE TOTAL FEE STRUCTION OFt THE PERFORMANCE OF CONSTRUCTION t424, 00 $24.00 NGNATUAE Of CONT AACTOAOAAUT"OAIZEDAGENT 1DATE� WHEN PE (DATED THIS IS Y`OU PER IT i S V� a S-GNATUAE 01 OWNER , -r OWNER GUILDER DATE, v 5J rjAdWm COMMISSION APPLICATION REVIEW FlLE NUMBER FILE DATE a=NGsDATE FILE DESCRIPTION VAR #91-21 CITYOF 37 7/22/91 8/6/91 6880 East River Road FRIDLEY sign variance COMPLETE REVIEW CHECKLIST AND RETURN TO PLANNING DEPT. MICHELE M. Q JOHN F. 6-DARREL C. Ip C'LYDE M. M. H. 7 z7 COMMENTS ��qh C�ivhf,�nS�ens�'• I.S�X 2.leS _ �'� q"1 Zi r$ aa�owed 911 1 CITY OF FRIDLEY • • 6431 UNIVERSITY AVENUE N.E. FRIDLEY, MN 55432 Ccnnunity Development Department (612) 571-3450 ---------------------------------------------------------------------- PROPERTY INFURMATION - site plan required for submittals; see attached Address: Legal description: fn Lot Block Tract/Addition Current zoning: Square footage/acreage Reason for variance and hardship: t� ctj1 �, -�� �. � CCLhp � � Section of City Code: 01 -4n JDO i � 11 Gt 'kL, a"+''2"& (Contract Purchasers: Fee Owners must sign this form prior to processing) L- i r . k 0 1 - ADDRESS f 4 l t Li 2 I- 'R P. DAY= PHONE SIGNATURE r� ti. ! .�. DATE r� / PETITIONER. INFOMU TION NAME �`! r� c, f C `'1 F t w. ADDRESS J DAYTIME PHONE 6 % % G 3 SIGNATURE�� l.�\ p J�-�� DATE Fee: $100.00 $ 60.00 for residential properties Permit VAR # q, -�� Receipt # Application received by: Scheduled Appeals Commission t l Scheduled City Council date: 5H CITY OF FRIDLEY PLAN REVIEW CHECKLIST Applicants for vacations must submit the legal description of the parcel (easement, street, etc.) to be vacated. Complete site plans, signed by a registered architect, civil engineer, landscape architect, or other design professional, to include the following: A. General: 1. Name and address of project 2. Legal description (certificate of survey may be required) 3. Name, address, and telephone number of applicant, engineer, and owner of record 4. Date proposed, north arrow, scale, number of sheets, name of drawer 5. Description of intended use of site, buildings, and structures including type of occupancy and estimated occupancy load 6. Existing zoning and land use 7. Tabulation box indicating: (i) Size of parcel in sq. ft. (ii) Gross floor area of buildings (iii) Percent of site covered by building (iv) Percent of site covered by impervious surface (v) Percent of site covered by green area (vi) Projected number of employees (vii) Number of seats if intended use is a restaurant or place of assembly (viii) Number of parking spaces required (ix) Number of parking spaces provided including handicapped (x) Height of all buildings and structures and number of stories B. Site Plan: 1. Property line dimensions, location of all existing and proposed structures with distance from boundaries, distance between structures, building dimensions and floor elevat.'ions 2. Grading and drainage plan showing existing natural features (topography, wetlands, vegetation, etc.) as well as proposed grade elevations and sedimentation and storm water retention ponds. Calculations for storm water detention/retention areas. 3. All existing and proposed points of egress/ingress showing widths of property lines, turning radii abutting rights-of-way with indicated center line, paving width, existing and proposed median cuts, and intersections of streets and driveways 4. Vehicular circulation system showing location and dimensions for all driveways, parking spaces, parking lot aisles, service roads, loading areas, fire lanes, emergency access (if necessary), public and private streets, alleys, sidewalks, bike paths, direction of traffic flow, and traffic -control devices 5. Landscaping Plan 6. Location, access, and screening detail of trash enclosures 7. Location and screening detail of rooftop equipment e. Building elevations from all directions 9. Utility plan identifying size and direction of existing water and sewer lines, fire hydrants, distance of hydrant to proposed building 0 0 VAR #91-21 • • Anna Wichern N 1/2 SEC. /51, T. 30, R. 24 - CITY OF FRIDLEY 9 u 1-1_\!.■ 5B LOCATION MAP C7 ir w `, lb �y F VAR #91-21 Anna Wichern 7 8 5C ZONING MAP IONSJMIA2■ fA4 R 3 TEARCE 7 8 5C ZONING MAP VAR 491-21 Anna Wichern Land Planningvill ,/ ff /� 6875 Highway t C��(� (/G �iC�LTi%(i 8 Y Land Surveying' • (M Min Soils Testing �r(ljj ne�����/�') ���/��• ��; Min Civil Engineering Telephone 7 Municipal Engineering Engineers & Surveyors Area Certificate of Survey for DONALD M CHE-P N r 'A)"oU `C *• � . v'i'i � iii dot '�11�",310: 4< Z/,�;a�,dhurst i1�•.`�4 Mea;. -1— T -- -- . _. LA 7- 19, t t y ,C3tock 2 Gar,dhur,:,t Qddibi()I� exc?-�t �k,'A par? T drawn �6-n a ot thirf o+ cila'-ant 54.8- J cE' 'L 'r, 0r },he Nor�ny ccrner at, Said Lot � �o tke me;t Southerly or qU,-A NJ ;s ,Erly corner 4hereo, and Etre terminating. • 1 hereby certify that this is a true and correct representation of a survey of the boundaries of th described land, and of the location of all buildings, thereon, and all visible encroachments, if any, fi said land. As surveyed by me this 154' day of-1.A�-,E —A. D. 19.1 . nnSUBURBAN ENGINEERING, INC. Engineers Syrveyors _ 5F SITE PLAN f. ti: August 22, 1995 Mr. Mike Kelly Anoka County Government Center #224 2100 3 Avenue Anoka MN 55303 Re: Anna Wichern Residence at 6880 East River Rd NE, Fridley Dear Mr. Kelly: The following is a list of items requested regarding requirements for moving the building located at 6880 East River Road NE; PUBLIC WORKS County shall pay for extension of sewer and water services and abandonment of existing lift station, sewer system and well. BUILDING 1) Remove entire existing foundation, slab and all remaining portions of residence from site. Fill excavation with clean fill, compacted, grade and provide sod at all disturbed areas. Building mover responsible for repairing any damage resulting from move. 2) Footing size, block size and reinforcing requirements are dependent on height of basement and soil conditions. 3) Drain tile and sump pump system required. 4) Adequate posts and footings to support existing beams and floor joists. 5) Minimum 3 1/2" concrete basement floor slab. 6) Egress windows required in all sleeping areas per Section 310.4, UBC. 7) Foundation dampproofing required. 8) Basement stairway must comply with Section 1006, UBC. Mr. Mike Kelly Re: 6880 East River Rd NE August 22, 1995 Page 2 9) Foundation insulation, minimum R-10, according to the Minnesota Energy Code Section 7670.0470. If foundation wall insulation is on the exterior, the portion from the top of the foundation wall to six inches below grade must be covered by an approved, protective coating finish to protect the insulation from deterioration due to sunlight and physical abuse. 10) Core fill block supporting wood beam. 11) Existing furnace and hot water heater could be reused, but would have to be certified by an approved agency and a copy of this report submitted to the City of Fridley. 12) All new plumbing, heating, and electrical work in new basement must meet current Code requirements. All new plumbing shall require an air test and all new and existing plumbing shall pass the final inspection using a manometer (Minnesota State Plumbing Code). 13) Reconnection of furnace to chimney must met the current Code requirements. Code requires a metal liner for natural gas fired appliances. 14) Existing electrical condition to be reviewed by State Electrical Inspector to verify if adequate. All wiring in new basement to meet current State Electrical Code. 15) Provide basement plumbing fixtures to meet the existing Code requirements. 16) Finished ceiling height for habitable space is 716" (UBC 310.6.1) 17) Provide smoke detectors as per Section 310.9.1.2 on all levels. Please contact me at 572-3603 if you have any further questions concerning this matter. Sincerely, BARRY RIESCH Building Inspector BR/mh See Pm).G (,UOvts ovr llk,o,La' Co. Q7YOF FRIDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY. MN 55432 • (612) 571-3450 • FAX (612) 571-1287 CITY COUNCIL ACTION TAKEN NOTICE December 16, 1993 Anoka County Department of Highways Michael Kelly, Chief Right -of -Way Agent Government Center 2100 - 3rd Avenue Anoka, MN 55303-2265 Dear Mr. Kelly: On December 13, 1993, the Fridley City Council officially acted on your variance request, VAR #93-32: * Denial of the request to reduce the front yard setback from 35 feet to 8 feet, at 129 Hartman Circle N.E. * Denial of the request to reduce the front yard setback from 35 feet to 15.22 feet, at 6880 East River Road N.E. * Approval of the request to reduce the front yard setback from 35 feet to 28.44 feet, at 102 - 71st Way N.E. * Approval of the request to reduce the front yard setback from 35 feet to 31 feet, and to reduce the lot area from 9,000 square feet to 8,363.52 square feet, at 7095-99 Hickory Street N.E. If you have any questions regarding the above action, please call me at 572-3590. Sincerely, Barbara Dacy, AICP Community Development Director BD/dn Anoka County Department of Highways December 16, 1993 Page 2 cc: Harland and Signe Berry David and Judith Ryan Twin Cities Habitat for Humanity Anna Wichern Gerald and Judith McDonald Please review the above, sign the statement below and return one copy to the City of Fridley Planning Department by December 30, 1993. Concur with action taken. 7ZZ) AAI�141i�� V7 la - 14o14 �,�c F. 4YI1, w1 I�i / 4�,2 Z� dy'Od Hwy MEMORANDUM PLANNING DIVISION DATE: June 13, 1997 TO: William Burns, City Manager FROM: Barbara Dacy, Community Development Director SUBJECT: Update on Anna (Wichern) Pribula Request, 6880 East River Road Ms. Anna (Wichern) Pribula appeared at the City Council meeting on June 9, 1997. The question was whether the City could enforce a stipulation as part of a required landscape bond to establish a deadline for the contractor to complete the work. The $10,000 outdoor improvement bond was only to be required if Ms. Pribula had moved into the home, and the outside work was not completed. Ms. Pribula has not moved into the home and wants to complete all the items prior to occupancy. Therefore, work is still ongoing as part of the building permit. The stipulation regarding a compliance deadline is only legally applicable as part of the outdoor improvement bond. A stipulation for a completion deadline cannot be made solely on a building permit since "adequate progress" is being made. The contractor is under contract with the owner, Anna Pribula. The County will reimburse Ms. Pribula for certain agreed-upon expenses. At this point in time, the items that remain to be completed include the deck, concrete steps and sidewalk, final grading of the lot, sodding the yard, connecting the new furnace with appropriate gas shutoff valuves, connecting the water heater, and a number of miscellaneous items inside the building which need to be rectified. I spoke to Mike Kelly from Anoka County. He advises that Ms. Pribula will be receiving an additional payment for the easement acquisition as well as agreed-upon expenses. I contacted Ms. Pribula on Thursday, June 12, 1997, and explained to her the issue of the stipulation and the permit. She understood my explanation and thanked the City for its help during the project. Anna (Wichern) Pribula, 6880 East River Road June 13, 1997 Page 2 The Building Inspection staff has also spoken to the contractor on several occasions during the week. We have asked for timeframes as to when some of the items are to be completed so that proper inspections can be scheduled. Ms. Pribula, in some of the cases, may decide to do the work on her own (for example, completing the sodding of the front and side yards). We are trying to keep track of who is responsible for each item on a day-to-day basis. At this time, I do not believe there is any further action that the City can take. Issues between the owner and the contractor need to be resolved between them. Based on the investigation I have conducted, the City does not have a basis to revoke the contractor's license. We will, however, monitor progress on the site. BD:ls M-97-282 cc: Ron Julkowski, Building Official Barry Reisch, Building Inspector Land Planning sm/f(Ida",IPGIf'Jl(6875 Highway No. 65 N. E. Land Surveying 61,wij yjJlMinneapolis, Soils Testing _ Minn. 55432 Civil Engineering Telephone 784-6066 Municipal Engineering Ei & SV@ rS Area Code 612 ngineers ur yo Certificate of Survey for DONALD MCHERW. Drainage and UbUy 'Eastrntnt 1— — 4� '3 4 _53.0 '_t Iq Y LA ,n a s J. GS� c.�cxl�herl corner `'t t �vS`�t��e Jr �r! nr a ti �a�emEr, I Lot 9,'3{oc�c2;�ar`dhurst j Addiir'on. o De; Iron mon..ImEn� k(Aos , Qc J tion, eVl,xcep that Yar+. {�,� a ,, of ' a �irlr drawn nrn poin�, Gr , tht �)or*ii (�rlth.Ere c+'�� '� E o. -, �,{1Q N t� NltSl ft" �� CGfn r 1L i '�dl Lo �Q C,n� rr.�S' �-o.����;Er;i �r corner theiP.o� rync� L4�l;rf tfrrr��r'tdLlr�U. c} Craz r I hereby certify that this is a true and correct representation of a survey of the boundaries of the above described land, and of the location of all buildings, thereon, and all visible encroachments, if any, from or on said land. As surveyed by me this i`jj" day of Ya.', _ A, D. 19'1 , SUBURBAN ENGINEERING, INC. Engineers Surveyors by " FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 9 1991 PAGE 8 5. RECEIVE ITEMS FROM THE APPEALS COMMISSION MEETING OF AUGUST 6 l 1991• A. VARIANCE REQUEST VAR #91-2i` BY ANNA WICHERN, TO ALLOW THE EXISTENCE OF A 3.97 SQUARE FOOT FREE-STANDING DAYCARE SIGN ON LOT 9 BLOCK 2 SANDHURST ADDITION THE SAME BEING 6880 EAST RIVER ROAD: Ms. Dacy stated that the property is located on the west side of East River Road, just south of the Lockeslea Girl Scout Camp. She stated that the variance is to locate a free-standing sign in the R-1, Single Family District and also for a four foot square sign. She stated that existing on the property is a single family home, and the owner of the property operates a daycare operation. She stated that the sign has been in place for about three and one-half years. She stated that the sign was brought to the City's attention via complaints about signage along East River Road. Ms. Dacy stated that on August 6, 1991, the Appeals Commission recommended approval of the variance with one stipulation: (1.) i The property owner shall submit a drainage and utility easement to I the City in order to complete a sanitary sewer improvement to the facility when Anoka County completes the East River Road widening project. i. MOTION by Councilman Fitzpatrick to concur with the recommendation of the Appeals Commission and grant variance request, VAR #91-21, with the following stipulation: .(1):;.The.._.property owner shall submit -a,.-..drainage and utility easement to -the .,City :.in ,order to `'coiuplete :' a ._ sanitary ° sewer improvement -,-to the ,: facility when Anoka County completes the East River Road widening project. Councilwoman Jorgenson stated that the petitioner had requested her to talk to John Flora in order to get the sewer hooked up to this particular facility. She stated that the issue has been addressed at least three times in the last two years. She stated that she wanted to note for the record that the petitioner actually instigated getting the sewer hooked up. Mr. Herrick stated that he did not have a particular problem with the sign, but he did think that the comment made by staff that,- granting hat-granting a variance for a sign in a residential district could set' a precedent may have to be dealt with by Council in the future if and when other people make similar requests. He stated that it may be difficult to deny similar requests in the future. Councilman Fitzpatrick stated that Council has to deal with each request separately. Councilman Billings asked which hardship as outlined in Minnesota State Statues is applicable to this piece of property that gives Council the authority to grant the variance. 1 y h w M.Bf.LS.'TBN �V r i' b t a� ° , //1 ' '•i r �` � 9 '`� ---� 0 71 SII 3 1 , 0/ w L — ly a 9B/S/1- --------- � '-�----� __------95611._----- it E 19'£6- -` of L}08 • osV, v Ci 66' ZI _ Pd S ..ft=SS,�E'V 4 � 7? � �i'oE "✓ .SS.NCcCt t'I. � .. � f Y LR ,�;s�,a;,,rra�.accu."," � , �I Si yy • yC ,, I i° ; f b :68 h' �\ % Vrnanwxsax+�•'� `cos• R � oo T I // s,L u, C• L o .3 t5 OA `• J � � ��; � �a'a�/ 'gyp � of y !! � V, PUC wn),v w ° Ef 7Gg'�S l - -__ E8: - --- 00;0 M.. ✓' fu ��',.`� �/ �paapZ'�£9� O/ 1 paoi' E t;1.8/.i � !r�' L � � ' �' ' ./aU✓OJ �c,/. /` c /�- ciiysuncv�1 5 vo • _ pad✓ecu luauinuoll a fH✓�u,r; s arvl ••7 a04 STATE OF MINNESOTA CITY COUNCIL PROCEEDINGS COUNTY OF ANOKA CITY OF FRIDLEY In the Matter of a variance, VAR #91-21 ,/ VARIANCE Anna Wichern , Owner The above entitled matter came before the City Council of the City of Fridley and was heard on the 9th day of September , 1991 , on a petition for a variance pursuant to the City. of Fridleyts Zoning Ordinance, for the following described property: To allow the existence of a 3.97 square foot free standing sign on Lot 9, Block 2, Sandhurst Addition, the same being 6880 East River Road N.E. IT IS ORDERED that a variance be granted as upon the following conditions or reasons: One stipulation. See City Council meeting minutes of September 9, 1991. STATE OF MINNESOTA ) COUNTY OF ANOKA ) CITY OF FRIDLEY ) OFFICE OF THE CITY CLERK I, Shirley A. Haapala, City Clerk for the City of Fridley with and 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 4tj day of C�19_Pt � '-7_tA , 19�. DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 SHIRLEY A. H APALA, CITY CLEF.K Variances are valid for a period of one year following approval and sball be-. considered void if not used within that period. (SEAL).