SP70-11 CITY OF FRIDLEY TYPE OF REQUEST
MINNESOTA
�_
PLANNING AND ZONING FORM Rezoning
Number SP #70-11 % Special Use Permit
Variance
APPLICANT'S SIGNATURELot Splits
C. H. Benj in 55432
Address S�nA raf�or� req ---- N F Fr;iii 03, App oval of Pre-
332-2262 Ext. 232 or 234 Bus. li inary Plat
Telephone Number 560 7254- H,
M App oval of Final
a
PROPERTY OWNER'S SIGNATURE Same as above
PlStreets or Allef
Address it
Vacations
Telephone Number Other
Street Location of Property 5708 Jefferson St. N.E.
Legal Description of Property Lots 1, 2, 3, 4 and 5, Block 4, Adams treet Addition
Present Zoning Classification R-1
Existing Use of the Property
Proposed Zoning Classification, Special Use, Variance or other request Tn build
2nd garage on Lot 2 for cars. Old garage for storage of 2 wheel trader, deep freeze,
Describe briefly the Type of Use and the Improvement Proposed
cao S nS1 , 2A Fr.1fileeZ Cnrip
Acreage of Property
Has the Present Applicant Previously Sought to Rezone, Plat, Obtain a Lot Split,
Obtain a Variance or Special Use Permit on the Subject Site or Part of It?N_
When?
What Was Requested Fee Enclosed $_20.00
Date Filed Date of Hearing
PLANNING AND ZONING FORM PACE 2
Number SP 470-11
The undersigned understands that: (a) A list of all residents and owners of pro-
perty within 300 feet must be attached to
this application.
(b) This application must be signjed by all
owners of the property, or an explanation
given why this is not the cas .
(c) Responsibility for any defect in the pro-
ceedings resulting from the f ilure to list
the names and addresses of all residents
and property owners of property within 300
feet of the property in question, belongs
to the undersigned.
Residents and Owners of Property within 300 feet:'
PERSONS ADDRESS
See Attached. List
A sketch of proposed property and structure must be dravyn on the bac of this
form or attached, showing the following: 1. :North Direction
2. Locatioa of Proposed Sructure on lot.
3. Dimensions of property proposed
structure, and front and side set-backs.
4. Street Names
S. Location snd use of adjacent existing
buildings (within 300 feet) .
The undersigned hereby declares that all the facts and representations stated in
this application are true and correct.
DATE 7 / SIGNATURE �
(APP ANT)
tk dir � 9k ,k it 'gar it
Approved Denied _ By the 3oard of Appebis
Subject .to the Following Conditions: date
Approved Denied by the Planning Commission on
Subject to the Following Conditions: date
Approved Deniedby the Council on
Subject to the Following Conditions: date
Form PC 100
APPLICATION TO THE BOARD OF APPEALS AND CITY ICGUNC-IL
FOR SPECIAL USE PERMIT, VARIANCE IN REQUXRB-MEN3'S OP'
CERTAIN.ORDINA,ICES OF TO CITY OF FRIDLE'Y
(Applicant to complete items 1, 2� 3)
b
1. Name and Address of Af�plicant � o. 1� 1Z
4,6
. 2. Legal Description of Property (also general locaticn, such art"north-
east corner of 64th Avenue and 5th Streett0 or 6415 Fifth Street")
3. Describe the variance requested. (Attach Plat or Surywy nt ftoperty
showing location of proposed buildlrg, etc., aloo adjointng propasrties
and o�.inership within 200' of said property.)
4. Cosrmntsa by administrative official denying original request for buildin;
peri it or other permit. (To be ccmpleted by admin'-btrstiva offici•+1 .
A/pJpr�oprinte ordinances and section of ordinzncevto be cited,)
CERTIFICATE OF SURVEY
MAin 7453 MAin 7454
METROPOLITAN LAND SURVEYORS & ENGINEERS
1210 MARQUETTE AVENUE
SP #70-1
MINNEAPOLIS 3, MINNESOTA C. H. Be 'amin
Lots 1-5, Bl. 4 Adams Street Add.
30
J EX/5; ' \
3 Ex/sr. 6 7 _ --
N � �
W
30'
Scale: 1" = 30'
Ii1c hercbu ccrtifn THAT WE HAVE ON THIS2 7 7i` DAY OF
MADE A SURVEY OF THE REAL ESTATE DESCRIBED AS LOT 41, ALT X9.5 ST/E'EE7-
,40017-10IV, I1/1-L AGE Of" FrP/vLEY�
fI/VO.�fI COUNTY, MINNESOTA,
AS SHOWN ON THE ABOVE PLAT.
METROPOLITAN LAND SURVEYORS & ENGINEERS
SURVEY MADE FOR C,h! B NdAM.N
I hereby certify that this survey, plan, or report
was prepared by me or under my direct supervision AT THE REQUEST OF C•/� ,B JAM/N
and that I am a duly Registered Land Surveyor under
the Laws of the State of Minnesota.
Job No. L.S 416
Reg No. 31"05 'I
Minneapolis License No. 78S0 Book No. 1.5' Sheet No.
yo
(Official Publication)
OFFICIAL NOTICE
PUBLIC HEARING BEFORE THE
PLANNING COMMISSION
TO WHOM IT MAY CONCERN:
Notice is hereby given that the Planning
Commission of the City of Fridley will meet-
in the Council Chambers of the City Hall at
8:00 p.m. on Wednesday, October 7, 1970 to
consider the following matter:
A request for a Special Use Permit(Sp
No. 70-11) for C. H. Benjamin, as per
Section 45.051, 2A, Fridley City Code, to
construct a second garage on Lots
4 and 5,Block 4,Adams Street Addition.
Generally located at 5708 Jefferson
Street Northeast.
Anyone desiring to be heard with reference
to the above mailer may be heard at this
meeting.
OLIVER R.ERICKSON
Chairman,Planning Commission
(Sept.23,30,1970)—TC
OFFICIAL NOTICE
PUBLIC HEARING
BEFORE THE
PLANNING COMMISSION
TO WHOM IT MAY CONCERN:
Notice is hereby given that the Planning Commission of
the City of Fridley will meet in the Council Chambers of the City
Hall at 8:00 P.M. on Wednesday, October 7, 1970 to consider the
following matter:
A request for a Special Use Permit (SP #70-11)
for C. H. Benjamin, as per Section 45.051, 2A, '
Fridley City Code, to construct a second garage
on Lots 1, 2, 3, 4 and 5, Block 4, Adams Street
Addition.
Generally located at 5708 Jefferson Street
Northeast.
Anyone desiring to be heard with reference to the above
matter may be heard at this meeting.
OLIVER R. ERICKSON
CHAIRMAN
PLANNING COMMISSION
Publish: September 23, 1970
September 30, 1970
AVENUE N. E.
- 5 C. H. Ben'amin: SP #70-11 � � w � t
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LENE
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People Within 200 Feet on 5708 Jefferson Street N.E.
SP #70-11 - C. H. Benjamin
Lots 1-5, B1. 4, Adams Street Addition
C. H. Benjamin 5708 Jefferson Street N.E.
Jacob Kramer Wishek, North Dakota 58495
David L. Pohl 5891 West Moore Lake Drive N.E.
George E. Gunderson 4706-2nd Street N.E.
State of Minnesota
Vernon Gunderson c/o A. R. Elasky, 5517-12th Avenue S., Mpls.
A. R. Elasky 5517-12th Avenue South, Mpls.
Lillian M. Frerichs 5705 Washington Street N.E.
George Tyler 5707 Washington Street N.E.
Carl Sorenson 4615 University Avenue N.E., Mpls,
Gordon Johnson 611-58th Avenue N.E.
Edward Marciniak 601-58th Avenue N.E.
Howard LaBelle 5780 Madison Street N.E.
James Thompson 5760 Madison Street N.E.
George Otterdahl 5770 Madison Street N.E.
Paridon Colstrom 5750 Madison Street N.E.
Jerome Olson 5740 Madison Street N.E.
Earl Adams 5800 Jefferson Street N.E.
Russell Evenson 5801 Washington Street N.E.
Mailed: Sept. 18, 1970
TO WHOM IT MAY CONCERN
Reference: SP #70-11, C. Hj. Benjamin
Letter.From: Lots 1-5, B1. 4 Adams Street Addition
Request for 2nd garage on Lot 2
Oliver R. Erickson, Chairman
Planning Commission
City of Fridley
Which states that I; Mr. C. H. Benjamin has requested a special se permit
to construct a second garage on Lots 1, 2, 3, 4, and 5, Block 4, Adams Street
Addition. Located at 5708 Jefferson St. N. E.
1. To set the records straight, I went to the City Hall and asked for a
permit to build a garage on my lot number 2 Block four, Adams Street Addition
to Mpls., not on lots 1, 2, 3, 4, 5, as stated. I was informed that in order
to obtain a building permit I would have to go through about six we s of
waiting according to their red tape machine. To pay a special fee t have it
published in the paper, and to send letters like the one referred to above to
all of my close neighbors, telling them of my intentions, and if the didntt
want me to build a garage, they could come to the meeting on October 7, 1970
at 8:00 P. M., City Hall, to object.
2. The garage will be used to keep my cars in rather than sitting out in
the rain or snow. Not for any special use as one may be led to bel a in the
letter.
3. I went to the City Council meeting to see if the red tape chine
could be speeded up. They told me if the neighbors listed, would si a
petition they would grant me a building permit before the snow got oo deep.
4. Thus: The purpose of this petition.
5. If no signature explanation requested.
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Planning Commission Meeting - October 7, 1970 Page 2
1. PUBLIC HEARING: SPECIAL USE PERMIT SP #70-11 C. H. BENJAMIN: Lots 1 thru
5, Block 4, Adams Street Addition, to build a second garage on Lot 2.
Fridley Code Section 45.051-2A.
Chairman Erickson, referring to Council minutes of October 5, 1970, stated
Mr. Benjamin could receive a building permit upon receipt of a petition signed
by the surrounding neighbors saying they did not object to the second garage.
Mr. Benjamin called attention to the fact that the Building Inspection
Department told him to get the names of the people within 200 feet, while the
application form given him by the Engineering Department stated 300 feet.
Chairman Erickson request the Engineering Department check th s with the Ordinance
and City Code.
Mr. and Mrs. David Pohl, 5891 West Moore Lake Drive, and owners of Lots 1
and 2, Block 1, Adams Street Addition were present. Mr. Pohl said they had no
objections to the proposed second garage. v
Mr. Benjamin stated his plans were to build a second unattached garage on
Lot 2 even with the existing dwelling on Lot 3. He stated he had many chances
to sell two lots, but unless he could find a buyer for the "whole package", he
wouldn't sell.
Referring to the existing garage, he said that it is at te back of Lot 3
abutting the alley and there is a steep drop off on the West s de of the alley
making it impossible for him to use it in the winter. The all y has never been
opened, and Mr. Benjamin has had to do whatever maintaining ne essary in order
to get out. When the houses on the lots in back of his proper y were built,
the contractor took the dirt from the alley, and when he was a ked who gave him
permission, the answer was no one told him it was an alley. Chairman asked
him how he got in and out of the alley. Mr. Benjamin said "you back down and
pull out or pull out and back down".
Mr. Benjamin commented on the width of Jefferson Streets ying that originally
it was a full 30 foot street. The Council decided to offset to street five
feet and the people were left with about a 20 foot street.
Mr. Benjamin said that after the neighbors were assured hit was asking for
just a two car garage, there were no objections. He presented a list of the
names of the property owners within 200 feet.
MOTION by Schmedeke, seconded by Fitzpatrick, that the Pla ning Commission
receive the list of property owners within 200 feet of 5708 Je ferson Street as
presented by C. H. Benjamin {later on identified as Exhibit "A ) . Upon a voice
vote, all voting aye, the motion carried unanimously.
Mr. Benjamin stated the second garage would be used for cars, and the
old one would be for the freezer, boat, trailer and other mielaneous items,
The driveway would not be blacktopped, but he would use black dirt and clay and
cobblestones for the front of the drive out towards the street.
MOTION by Minish, seconded by Fitzpatrick, that the readin of the Public
Hearing Notice be waived and close the Public Hearing for a Speia1 Use Permit,
SP #70-11, C. H. Benjamin, to build a second garage on Lot 2, B ock 4, Adams
Street Addition as per City Code Section 45.051-2A. Upon a voile-
vote, all
voting aye, the motion carried unanimously,
Planning Commission Meeting - October 7 1970 Page 3
MOTION by Fitzpatrick, seconded by Minish, that the Planning Commission
recommend approval of the Special Use Permit, SP #70-11, by C. H. Benjamin, to
build a second garage on Lot 2, Block 4, Adams Street Addition as per City Code,
Section 45.051-2A. Upon a voice vote, all voting aye, the motion carried unanimously
Mr. Benjamin brought forward a letter addressed to Oliver R. Erickson, Chair-
man which, he said, was shown to the neighbors before the petition was signed.
MOTION by Minish, seconded by Harris, that the Public Hearing of the Special
Use Permit, SP #70-11, be reopened for the purpose of receiving the letter
addressed to Oliver R. Erickson, Chairman, Planning Commissi , and hereafter be
referred to as Exhibit "B", being a statement by Mr. Benjamias to the circum-
stances and manner in which the Special Use Permit was prese ted. Upon a voice
vote, all voting aye, the motion carried unanimously.
MOT.ZON by Harris, seconded by Minish, that the list of property owners within
200 feet of 5708 Jefferson Street be considered as Exhibit "A" and also an addi-
tional document in reference to the letter addressed to Chaiztn Erickson and
referred t�xhibit "B". Upon a voice vote, all voting aye, lthe motion carried
unanimously.
MOTION by Harris, seconded by Schmedeke, that the Planning Commission close
the reopened Public Hearing of the Special Use Permit, SP #70-11, by C. H. Benja-
min, to build a second garage on Lot 2, Block 4, Adams Street Addition as per
Section Section 45.051-2A of the City Code. Upon a voice vote, all voting aye,
the motion carried unanimously.
Chairman Erickson, in reviewing the request, said Mr. Benjamin would use the
second garage for storing cars, that there is no way in the world he could use
the old garage for cars as there definitely is a very severe drop facing West
on -the alley. The alley is shown on the plat, but probably never was opened. The
Planning Commission has recommended approval of the request for a second garage and
ask that it go before Council on Tuesday, October 13, 1970.
2. CONTINUED: PLANTING BOULEVARD 40 FT. IN MOORE LAKE HIGHLANDS 4TH ADDITION:
Mr. Fitzpatrick said that he brought this up at the last Parks b Recreation
Commission meeting. The Commission is still working on it and the information
will be ready in the near future. The Parks and Recreation meets on the 4th
Monday of the month, and he extended an invitation for any of the Planning Com-
mission members to attend.
ADJOURNMENT:
There being no further business, Chairman Erickson adjourned the meeting at
9:10 P.M.
pectfully submitted
Hazel 0°Brian
Recording Secretary
REGULAR COUNCIL MEETING OF SEPTEMBER 21, 1970 PAGE 12
f
s
K,
VISITORS:
PETIT ON NO. 13-1970 - TO REFRAIN FROM CONSTRUCTION OF SIDEWA ON
EITHER SIDE OF WEST MOORE LAKE DRIVE FROM THE POINT JUST EAST OF BAKER
STREET WHERE ThPRESENT SIDEWALKS END, TO CY -:OL DRIVE:
Mr. Curtis Hebeisen, 901 West Moore Lake Drive, was present to present this
petition against the sidewalks on West Moore Lake Drive. He read the petition
aloud and said that all the people on the street had signed it. He said that
he had noticed in the Minutes that no one was in favor of the sidewalks. He
asked that the Council consider this and give a favorable action.
i
i
MOTION by Councilman Harris to receive Petition No. 13-1970. Seconded by
Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham
declared the motion carried.
Mayor Kirkham informed the audience that this petition will be on the next
Regular Council Agenda October 5, 1970 and will be considered then.
PETITION NO. 14-1970 - FOR THE CONSTRUCTION OF 4TH STREET BETWEEN 53RD
AVENUE AND 54TH AVENUE:
A resident in the area presented. this petition and said that he had over 50%
of the signatures in favor of the construction.
The City Engineer said. that this was originally ordered in, then all of 4th
Street was deleted at the last meeting in response to another petition against
the improvement. Councilman Harris said that when the petition against the
improvement was submitted, they also said that it was over 50%. The City
Engineer pointed out that the petition against the improvement was for all of
4th Street up to the Outer Drive of I. 694, this petition in favor is just
from 53rd to 54th. They appear to have more than 500. Mayor Kirkh said
that there should be a review made before any action by the Council. The
resident said that he thought that there were 7 that did not sign, and 9
signed the petition. He said that this street was part of the 10 year
street improvement plan. He added that the signatures are the home owners,
and not renters. Mayor Kirkl-m told the audience that the Council will con-
sider all aspects and it will be on the Agenda October 5th.
BUILDING PER?dIT FOR SECOND GARAGE BY MR. BENJAMIN, 5708 JEFFERSON STREET:
Mr. Benjamin explained that his lots were all 40' lots and he currently has
a request in for a special use permit for the construction of a second garage
on Lot 2. The house and existing garage are on Lot 3. The procedue for a
special use permit would take 4 or 5 weeks and he was anxious to ge it up
before the winter came on. He said that-.the bank has been cut off so the
existing garage is worthless for his car although he uses it to store a
freezer and two boats. He said that the existing garage is still good and he
just finished giving it two coats of paint. The new garage would be for two
cars and would face east, which is the street. He asked if there was any
way he could get permission for the second garage sooner than the legal
requirements state.
The City Engineer explained that the special use permit is a requirement to
maintain the residential quality of the neighborhood. It is require4 tQ die
heard Py t49 Pjgnn$ng C iss�on and tt}er, the CounCi.l. The Planning Commission
REGULAR COUNCIL MEETING OF SEPTEMBER 21:, 1970 PAGE 13
is meeting October 7th, so it could be before the Council the second meeting
of the month. Mr. Benjamin feared that the procedure would take too long.
Mayor Kirkham said that the Council has dorie this sort of thing b fore,
i although there would still be the requirement of a statement of n objection
from the neighbors. Councilman Harris asked how many received no ices.
Councilman Sheridan said that it appeared that there were 19 noti es sent and
of these 13 or 14 were residents. Mr. Benjamin pointed out that ie has room
for two houses and two garages as he owns several lots.
MOTION by Councilman Sheridan to authorize the Administration to give the
building permit to Mr. Benjamin upon the receipt of a petition by the
surrounding residents that they have no objection.
i
w Councilman Sheridan told Mr. Benjamin to make up a letter in the Eorm of a
F petition and have them sign it, then present it at City Hall. This would
give about two weeks more time for Mr. Benjamin to construct his arage.
SECONDED by Councilman Breider. Upon a voice vote, all voting aye, Mayor
Kirkham declared the motion carried.
PUBLIC HEARING ON IMPROVEMENT: SANITARY SEWER, STORM SEWER AND WATER
IMPROVEMENT PROJECT SS&SW #100:
Mayor Kirkham read the Public Hearing Notice aloud and asked if ere were
any comments from the audience, with no response. The City Engineer said that
there was a petition from the Anderson Development plat to get service to
their plat. There are two ways to serve this area with sanitary ewer and
showed the plans on the screen, explaining that Plan A is a more omplete
plan, and would serve the area to the south of the plat also, so at when
the area develops, the sewer would already be in. Plan B would JuAt to
serve the plat, and would be more expensive rate per foot. Plan is more
costly because it covers less land and there is a crossing across Central
Avenue. He said that he had hoped that the people owning the land south of
—nderson Development would be present so the Council could get their views.
Councilman Harris asked where the assessment would be placed. The City
Engineer said that more notices were sent out than necessary, and the
assessment would be against the property abutting Central Avenue. Council-
man Harris asked if there would be any assessment on the property along
T.H. #65, and the City Engineer said no. He said that the stormy sewer facility
would eventually be needed and he had included it in these plans. He then
showed the assessment area on the screen.
It was pointed out that the sanitary sewer assessment for Plan Ald be
$18.92 per foor and for Plan B $22.09 per foot. Councilman Harri said that
Plan A seems to be the logical way to develop the land and it wou d be less
costly. Councilman Breider asked what was the City Engineer's re a►ffitendation.
The City Engineer ,said that the whole area will eventually need s sewer
and it would be a Council deciaion whether to put it in now, or wait until
the area develops. There is no problem with flooding at this time, except
for once in a while there is a problem with Fireside Drive. Coun ilman
Breider asked if it would not be cheaper to put in both at the s time.
The City Engineer said that the advantage would be that the equi nt would
already be in the neighborhood, so for this reason it would be ch aper.
A member of the audience said that if the sten sewer is not put n now, the
blagktop !Would hay® tO be torn up ai 14Lter. He- said that he ld be in
favor of it going in now. He added that they'needed the sewer in Anderson
REGULAR COUNCIL MEETING OF SEPTEMBER 21, 1970 PAGE 14 •
Development quickly.
MOTION by Councilman Sheridan to close the public hearing on the improvement
Project SS&SW #100. Seconded by Councilman Harris. Upon a voice vote, all
voting aye, Mayor. Kirkham declared. the hearing closers at 5.30 P.M.
MOTION by Councilman Harris to concur with the Plan A as submitted by the City
Engineer for sanitary sewer and storm sewer ending in the northern terminus
of Lot 4, Anderson Development. Seconded by Councilman Breider. Upon a
voice vote, all voting aye, Mayor Kirkham declared the motion carried.
The City Engineer asked that to expedite the project that the Council pass
two resolutions as the Anderson Trucking are building their building and
will need the sewer services in the immediate future.
RESOLUTION #190-1970 - ORDERING• IMPROVEMENT, FINAL PLANS AND SPECIFICAIONS
AND ESTIMATES OF THE COSTS THEREOF: SANITARY SEWER, STORM SEWER AND
WATER IMPROVEMENT PROJECT SS&SW #100:
MOTION by Councilman Harris to adopt Resolution #190-1970. Seconded by
Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham
declared the-motion carried.
RESOLUTION #191-1970 - RESOLUTION APPROVING OF PLANS AND ADVERTISING
FOR BIDS: SANITARY SEWER, STORM SEWER-AND WATER IMPROVEMENT PROJECT
SS&SW #100:
MOTION by Councilman Sheridan to adopt Resolution #191-1970. Seconded by
Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared
the motion carried.
ORDINANCE #462 - ORDINANCE REPEALING CHAPTER 61 "DOG CONTROL" OF THE CITY CODE
AND ADOPTING AN ".ANIMAL CONTROL ORDINANCE" AS CHAPTER 61: (Tabled 9-8-70)
Councilman Harris said that he had receive some calls regarding what many people
feel is an unfair charge for unspayed female dogs. The ordinance calls for a
charge of $15 for unspayed female dogs and only $5 for males. The people
felt that it was unfair to charge more just because they happen to have a female
dog rattier than a male dog. This was not meant to be a money maker for the
City, but rather for control of the animals.
MOTION by Councilman Harris to adopt Ordinance #462 on second reading, waive
the reading and publish, with the amendment that the fee for all dogs should
be $5.00. Seconded by Councilman Breider.
Councilman Sheridan suggested that maybe the fees should not even' be listed in
the ordinance. They could be done by motion or resolution. Then in the
event that they would ever need changing it would be easier, as the Ordinance
would 'not have to be amended. The Council felt that it would be a long time
before the charges would need changing again.
UPON A ROLL CALL VOTE, Harris, Breider, Sheridan, Kirkham voting aye, Mayor
Kirkham declared the motion carried.
REGULAR COUNCIL MEETING OF NOVEMBER 16, 1970 PAGE 3
Councilman Liebl said that their work is commendable and he would like to
help them. He said that he would favor waiving the parking, requirements.
MOTION by Councilman Liebl to waive the parking requirements set forth in
the Ordinance for American Legion. Seconded by Councilman Sheridan. Upon
a voice vote, all voting aye, Mayor Kirkham declared the motion carried
unanimously.
Mr. Benjamin, 5708 Jefferson: Second Garage:
Councilman Sheridan told Mr. Benjamin that he had been added to the Agenda,
but as long as he was present now, they would take his problem up. He
explained that Mr. Benjamin was granted a permit for a second garage and
when he went in for a building permit the Building Inspection Department
told him he must have frost footings. He preferred a floating slab. He
said that this would seem reasonable as the new structure would be the
same distance from the road as the existing house. There is a 67' setback.
If the structure was moved further back, it would be below street level.
Mr. Benjamin has stated that he will present City Hall with a letter stating
that at no future time will the new structure be connected to the house by
any'sort of a breezeway etc.
Mr. Benjamin said that he would present this letter to thewilding
Inspection Department to be kept on file that at no future time may the
garage be connected to the main building.
MOTION by Councilman Sheridan to authorize the Building Inspection Depart-
ment to issue a permit for a second garage for Mr. Benjamin on a floating
slab with no frost footings, provided that he submit a letter stating that
at no future time will the new structure be connected to the house.
Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor
Kirkham declared the motion carried unanimously.
DISCUSSION REGARDING LOCKE LAKE DAM, REQUESTED BY DR. AKBAR� 6745 EAST
RIVER ROAD:
The City Engineer said that he has indicated to the Council the severe
situation of this dam. Since this first came up, he has been working
with the Locke Lake Association to lower the elevation of the lake.
The dam has been lowered by about 3 feet so far. The last few days there
has been a considerable amount of rain. Even with lowering the dam crest
by 3' , it has lowered the lake water level by less than a foot. He said
they are hoping if the weather holds, they can lower the le el of the
dam further and drain the lake to physically examine the le
to the dam.
They hope to take some pictures and come up with a recommendation. He
said that he was afraid the bottom of the culvert will be gone and the side
walls are in bad shape. If the dam is really bad they may have to drain
the lake and eliminate the lake over the winter. After the physical
examination, he suggested that there be a public hearing toiinform the
people. After the examination of the dam, he will come back for authori-
zation to expend funds for the repair. He hoped to have the examination done
this week, with a report for next meeting. He said that he appreciated the
concern of Dr. Akbar as his property is being affected through the erosive
action of the water.
REGULAR COUNCIL MEETING OF NOVEMBER 16, 1970 PAGE 4
Councilman Liebl said that he and Councilman Breider took the liberty of
visiting Dr. Akbar and examining the dam. He said that he would like to
give his opinion. He felt that the dam would probably not last through the
spring thaw. Two or three of the slabs are cracking and the water is
undermining Dr. Akbar's property. He said it may be a $10,000 project to
make this dam solid. Dr. Akbar is willing to pay his share. The City has
a lot at stake, and should try to help this man as soon as possible. The
City has to do something to protect the north section of this dam, then
Dr. Akbar can proceed with his own repair work. There is considerable
danger at spring flooding time. He said that he hoped the Council would
see the urgency in this matter.
Councilman Breider asked the City Engineer after the studies,what catagory
of work would this be? What can be done to stabilize the structure?
The City Engineer said that this would depend on the severity of the problem.
There must also be protection of the area being undermined. The method
would be determined by what is found upon the physical examination. The
lake may have to be drained. He said that he has personally examined the
dam three times last week. As necessary more logs will be taken off the
dam. When the elevation is lowered it will show how far the work will have
to extend. Councilman Breider said then not too much can be done until the
examination is completed. The first meeting in December should provide
some answers. The City Engineer said yes, by then they should know what
remedial action is called for. There is some concern by the Locke Lake
Association on what will happen to the fish if the lake is lowered too far.
The water must be lowered slowly or the force of the water would cause
more damage.
Councilman Sheridan asked if there were any figures the City Engineer is
thinking in terms of. It may not be repairable. The City Engineer said
that he could have some figures for the next meeting, along with some
suggestion on what would be the best route to go. If a new facility is
called for, it could not be done over the winter.
Councilman Liebl said that it is going to be expensive to rebuild. There
are cracked walls• He felt that there should not be a partial job done,
then Dr. Akbar's money would not be wasted. If the City Engineer finds out
that it cannot be repaired, then the City should make a permanent structure.
We may have to put some cement down to keep this gentleman's property from
washing away.
Councilman Breider said that it seemed that there were two distinct problems.
The first is to get through the spring thaw and the second is to find the
permanent solution. The City Engineer said that this is an old culvert
under the Anoka Cuyuna Railroad tracks that is being used as a dam. He
said that it is surprising that it has lasted this long, and that it is
inevitable that there would have to be something done to it. The problem
is that it should not have been allowed in the beginning.
Councilman Breider said that it seemed that there can be nothing done until
the first meeting in December. The City Engineer advised that in the mean-
time if the Councilmen receive calls on this, to advise the people of the
severity of the situation, and that the dam level is going to be lowered a
little every day.
f
SPECIAL PUBLIC HEARING MEETING OF OCTOBER 13, 1970 PAGE 9
A resident of the area questioned whether the 6 high median would not be a
traffic hazard. He felt that if a wheel should strike it, it would pull the
carinto the oncoming line of traffic. On Highway #100 it is A feet high as
they found that the low median did not work. Mr. Gardner said that Highway #100
is a high speed expressway. It is a Federal trunk highway and haslstrict
safety factors. East River Road will not be a road of this nature, but more of
a local arterial road.
Councilman Liebl said that the Council adopted this overall concep , recog-
nizing that East River Road is a problem area. Everyone is in a-r ement that
something has to be done. He felt that this plan was the best that he has seen.
He asked if the people felt that there should be further study. He said that he
must commend the County Engineer for accomplishing a study that would take care
of some of the problems. The improvement in the first stage is aatter of
economics. He asked who was in favor of the improvement of East River Road.
There could be more studies to come up with an agreeable solution. He said
that the Council tries to do the best they can.
Mr. Filister said that he did not believe there is anyone opposed to doing
something with East River Road, but no one is in agreement with the present
plan as laid out. A member of the audience said that he agreed with Councilman
Liebl and felt that there is more study needed. He agreed that something had
to be done, but he did not feel that putting a road through a schopl area is
_the answer.
A member of the audience said that he lives at 6725 East River Road, and he is
concerned about the children walking along East River Road withou sidewalks.
He did not feel that there should be a speed limit of 50 - 60 MPH hen East
River Road capacity is increased.
Mayor Sheridan Pro tem asked the audience if it was generally felt that the
project should proceed, but that there should be further study asCouncilman
Liebl indicated. The audience as a whple answered yes.
MOTION by Councilman Liebl to close the Public Hearing on Street Improvement
Project St. 1971-3. Seconded by Councilman Breider. Upon a voice vote, all
voting aye, Mayor Sheridan Pro tem declared the hearing closed at 10:20 P.M.
1 RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF OCTOBER 7, 1970:
x SPECIAL USE PERMIT: SP #70-11, C.H. BENJAMIN: Lots 1 thru 5 Block 4,
Adams Street Addition, to build a second garage on Lot 2. F idley City
Code Section 45.051-2A.
The City Engineer explained that the Council had already discussed Mr.
Benjamin's special use permit previously. The Planning Coamissio recommended
approval.
MOTION by Councilman Liebl to concur with the Planning Commission and grant
a special use permit to Mr. C.H. Benjamin for a second garage. Seconded by
Councilman Breider. Upon a voice vote, all voting aye, Mayor Sheridan Pro tem
declared the motion carried.
MOTION by Councilman Breider, seconded by Councilman Liebl to receive the minutes
of the Planning Commission Meeting of October 7, 1970. Upon a voice vote, all
voting aye; Mayor Sheridan Pro tem declared the motion carried.
SPECIAL PUBLIC HEARING MEETING OF OCTOBER 13, 1970 PAGE 10
A REQUEST FOR VARIANCES OF SECTION 45.053, 4B, SUBPARAGRAPH 3, FRIDLEY CITY
CODE TO REDUCE THE SIDE YARD REQUIREMENT ADJOINING AN ATTACHED GARAGE FROM 5
FEET TO 2 FEET AND SECTION 45.053, 4A, FRIDLEY CITY CODE, TO REDUCE THE FRONT
YARD REQUIREMENT FROM 35 FEET TO 32 FEET TO PERMIT THE CONSTRUCTION OF A SEMI-
UNDERGROUND GARAGE ON LOT 6, BLOCK 1, DONNAY'S LAKEVIEW MANOR ADDITION, THE
SAME BEING 5851 WEST MOORE LAKE DRIVE N.E. , FRIDLEY, MINNESOTA. (REQUEST BY
MR. ROWLAND JACOBSEN, 5851 WEST MOORE LAKE DRIVE N.E. , FRIDLEY, MINNESOTA.) :
There was a short consultation at the Council table with Mr. & Mrs. Jacobsen
presenting their plans.
MOTION by Councilman Liebl to grant the variances requested by Mr. & Mrs.
Jacobsen. Seconded by Councilman Breider. Upon a voice vote, all voting aye,
Mayor Sheridan Pro tem declared the motion carried.
DISCUSSION REGARDING HICKORY STREET MAINTENANCE:
The City Engineer explained that N.S.S.S.D. is working on Hickory Street and it
is virtually impassable.
MOTION by Councilman Breider to authorize the City Engineer to proceed with
removing material from Hickory Street and haul in stabilized base material so
the street can be shaped and made passable. Seconded by Councilman Liebl
Upon a voice vote, all voting aye, Mayor Sheridan Pro tem declared the motion
carried.
ADJOURNMENT:
There being no further business, Mayor Sheridan Pro tem declared the Special
Public Hearing and Workshop Meeting of October 13, 1970 adjourned at 10:30
P.M.
Respectf7211y submitted,
Juel Mercer Jack O. Kirkham
Secretary to the City Council Mayor