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
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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.
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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
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Minn. 55432
Civil Engineering Telephone 784-6066
Municipal Engineering Ei & SV@ rS Area Code 612
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Certificate of Survey for DONALD MCHERW.
Drainage and UbUy 'Eastrntnt
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I hereby certify that this is a true and correct representation of a survey of the boundaries of the above
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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.
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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).