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SAV82-02 t CI' CfF i=�1C1LEY� SUBJECT Z JG ACTION ZOA # (/ 6431 UNIVERSITY AVE. NE. ACATIO SAV # b FRIDLEY. MN. 554:32 (612),571-345O L-/P5 #_ ORDINANCE NO PUBLISHED ADDRESS-5-600 q�l 1 Ar DATE 4(40 9 Z PLANNING COMMISSION: APPROVED DISAPPROVED DATE Z NO CITY COUNCIL: PUBLIC HEARING DATE 9-/6-9? 1ST READ 2ND READ CITY COUNCIL: APPROVED DISAPPROVED DATE NO PARK FEE REQUIRED: AMOUNT PAID STIPULATIONS: NAME - 1 �L.V`f��>���-=�F � FEE RECEIPT P1O_ yso STREET LOCATION OF PROPERTY_ Ll LEGAL DESCRIPTION OF PROPERT`_d� 1 4 A e`" LZ PRESENT ZONING CLASSIFICATION ' EXISTING USE OF PROPERTY y( c ACREAGE OF PROPERTYOr60 DESCRIBE BRIEFLY THE PROPOSED ZONING C CLASSIFFICATION,,� OR �PE OF USE AND IMPROVEMENT PROPOSED // _ — i 11 4rC�r_L_� o 4 e kagW o, 62 9!! c� Has the present applicant previously sought to rezone, plat, obtain a lot split or variance or special use permit on the subject site or part of it? eyes _ono. 'ghat was requested and when? The undersigned understands that: (a) A list of all residents and owners of proper- ty within 350 feet must be attached to this application. (b) This application must be signed by all owners of the property, or an explanation given why this is not the case. (c) Responsibility for any defect in the proceedings resulting from the failure to list the names and addresses of all residents and property owners of pro- perty in question, belongs to the undersigned. A sketch of proposed property and structure must be drawn and attached, showing the following: 1. North direction. 2. Location of proposed structure on the lot. 3. Dimensions of property, proposed structure, and front and side setbacks. 4. Street names. 5. Location and use of adjacent existing buildings (within 350 feet). The undersigned hereby declares that all the facts and representations stated in this application are -true and correct. DATE---(- �' � SIGNATURE PPS ICANT ADDRESS AZ �N) TELEPHONE NO 't 48 - 3 .1 �' -- o i e � �'.a c) �• I III 0 ,r44 a ::��-- �•, r - _ _ LEGAL DESCRIPTION: Those parts of Lot .,, i i= , :�Ircl 15 !dock 4 , fjarti lI Addition to Mechanicsville , accor<li ; g to the recc)rc •� ��3 ��..•., ♦I i plat thereof , Anoka i. OU:'Ity , Minncsota . Jlki , o� ,; 7 d.t;. Y` 'hi ch 1 i e:s nt, :., 7 _ rthc astE: � �• crf a ] i rlr, I,!ct nc)rth,-•as ~�__r c)f ind pa 1 v1 a; t h t ttr. 1 %%1 1 �'»A•i T g des ---- - t,' r i t)I•d line : �..;'\--y Commencing; at thc. northe-ast corner of said Lot 1 �� thence on an assumed bearing of ;'c5C along the �I north line of said i.ot 13 a di seance of 201 . 95 j �� �- feet to the point of beginning of the line to be � described ; thence South 28 degrees 39 minute: East a distance of 21 . 70 ;eer. . thence S :)utheaste a distance of 432 . 50 :c•et :r long a t ankenC i a 1 curve concave to the rinrtht,ast having a ra,?: us A - _ 572 . 96 feet and a c•c•nt ral ang! i• of =:3 do trr,c' S\\ 13 minutes , and s:r .:f there r l i l E' C L:-..^•t 1 I r:l C i it►�. \ Denotes non •no-,,,mr.r , . -- Denotes ofr SPI slime .•( .rri lr+..••5! r!r.ur r•• oa rstrny Pre. City Council August 3, 1982 MAILING LIST SAV #82-02, by S & R Investment Co. S & R Investment Company Minnegaso 2790 13 A Street N.W. William A Schram New Brighton, Mn 55112 733 Marquette Avenue Minneaplis, Mn 55402 Bill M. Howe 5550 5th Street N. E. Northwestern Bell TElephone Co. Fridley, Mn 55432 L. K. Rodman 6549 Shingle Creek Parkway Tanya M. Larson Minneapolis, Mn 55430 5519 4th Street N. E. Fridley, Mn 55432 Warren Johnson Northern States Power Co. Constance Birk 4501 68th Avenue North 132 Brookdale .Drive Minneapolis, Mn 55429 Br000klyn Parkm Mn 55443 MR. & Mrs. Dennis Sando 5550 6th Street N. E. Fridley, Mn 55432 Mr. & Mrs. Gerald Kangas 5530 6th Street N. E. Fridley, Mn 55432 Mr. & Mrs. Joseph Dibello 5541 5th Street N. E. Fridley, Mn 55432 Elvira I. Younglove 5545 5th Street N.E. Fridley, Mn 55432 Mr. & Mrs. Larry Brusseau 5546 7th Street N. E. Fridley, Mn 55432 Mr. & Mrs. John Vagovich 5400 4th Street N. E. Fridley, Mn 55432 Laverne Brazil 5529 6th Street N.E. Fridley, Mn 55432 Mr. & Mrs. Anthony Piekarczk Jr. 5549 6th Street N. E. Fridley, Mn 55432 Mr. & Mrs. Gary Boyer 5589 6th Street N. E. Fridley, Mn 55432 MAILING LIST • Y% - H - Rw 00 71va Ina o�- �pi�}i s.�� / SiViNNt/-icd C7_L NL- n-Lmu �e�•� K�IOA 3 M31/�Sti ::ilS'1dWL7J a.Lvn 7"11- n- # sslaov /ON 7'11 ' olon �ry pano�ddV c^,^,+ natJ , J »qu�r,rJ .u01sIMI/110011iodni 1.-I"V., us.a r nimns ; 'An`iatt,=t --10 A-LI:3 -- j Q. VN Q <` ti `r. s- I F _O O Vn 4D CITY OF FRIDLEY APPEALS COMMISSION MEETING, JUNE 29, 1982 CALL TO ORDER: Chairperson Gabel called the June 29, 1982, Appeals Commission meeting to order at 7:34 p.m. ROLL CALL: Members Present: Patricia Gabel , Alex Barna, Jim Plemel Members Absent: Jean Gerou, Leslie Coleman Others Present: Darrell Clark, City of Fridley Mr. & Mrs. Andrew Veres, 5608 - 4th St. N.E. Michael J. Plemel , 1663 Taylor Ave. Dick Wiggin, Shakopee, Mn. - S & R Investment Co. APPROVAL OF JUNE 15, 1982, APPEALS COMMISSION MINUTES: MOTION BY MR. BARNA, SECONDED BY MR. PLEMEL, TO APPROVE THE TUNE 15, 1982, APPEALS COMMISSION MINUTES. Ms. Gabel stated that on page 6, under "Other Business", the correct spelling of "Mr. Hereck" is "Mr. Herrick". UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE MINUTES APPROVED AS AMENDED. 1 . VARIANCE REQUEST PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY CODE, TO REDUCE THr FRONT YARD SET ER LOT FROM THE REQUIRED , AND HE SIDE YARD SETBACK ON A CORNER LOT FROM THE REQUIRED5 FEET 6.25 FEET, TO ALLOW THE CONSTRUCTION OF A 30 BY 88 FOOT FOUR FAM=JELLING, LOCATED ON LOTS 13, 14, AND- 1-5, BLOCK I S ADDITION TO MECHANITC-7—IME—, THE SAME BEING 5600 4TH STREET N.E. FRIDLEY RequestS & R Investment Company, 2790 3A Street N. J. , New Brighton, Mn. 55112 MOTION BY MR. PLEMEL, SECONDED BY MR. BARNA, TO OPEN THE PUBLIC HEARING. UP017 A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC HEARING OPEN AT 7:36 P.M. Mr. Clark stated this is a repeat request. The first request occurred in 1979 and was also for a 4-plex. At that time, the only variance requested was to reduce the front ,yard setback from 35 ft. to 30 ft. The variance was approved in 1979, but since it has been more than a year since that approval , the variance has expired. 4E APPEALS COMMISSION MEETING, JUNE 29, 1982 PAGE 2 Ms. Gabel read the Administrative Staff Report into the record: AIXIINISTRATIVE STAFF REPORT 50ij-02-5 - 6 4th Street N.E. A. PUBLIC PURPOSE SERVED BY REQUIREM MIT: Section 205.073, 42"1, requires a minimum front yard setback of 35 feet in a riultip le c.rellincf zoning district. Public E-,.irLJose :.served by this requirement is to allo7 for off-street parking without encroaching on the Imblic right-of-way. Also for aesthetic consideration to reduce the building "line of sight" encroachment into the neighbor's front yard. Section 2.75.073, 4, I,3, requires a minimum side yard of 35 feet where a side yard abuts a street of a corner lot. .' Public purrose served by this requirement is to maintain a higher degree of traffic visibility and to reduce the "line of sight" encroachment into the neigh}Jor's front yard. B. STATED HARDSHIP: "The site is lone and narrow and is bordered on three sides by streets. , Ve cannot meet the side yard requirement. With approval of the variance, we will be able to utilise this property to the highest and best use by constructing four 3-bedroom units. There is a shortage of 3 bedroom units (rentals) in the area. C. ADP4INISTP,ATIVE STAFF REVIR-7: A -front � cvariance iancc0f 30 feet was a� Jrov ed on this propertyrtY in «ugust, i97' will , a request for to%nzhouses was pKoposed. The reason given for approval \',, <s to have the building line up with the d,7elling to the north of t_nis )roperty. This lot is borCiered on three sides by streets rniaking it difficult to place a structure on it without encroaching into the required setbacks. The structure would have to be reduced in size to meet the Code. If the Corrunission recoi&iends approval of these variances, -the staff recor.iends that a lariCscaping plan be submitted showing screening on the north wid gnat ten off-street parking stalls be provided. r 4F APPEALS COMMISSION MEETING, JUNE 29, 1982 PAGE 3 Mr. Dick Wiggin, Shakopee, Mn. , stated that since this was approved with a variance in 1979, they have attempted to draw the building plans on the same basis. He stated he has been told that the City of Fridley does not have zero . lot lines for 4-unit buildings. Ms. Gabel stated that was correct; however, the City is in the process right now of drawing up a townhome or that type of zoning, but they don't have it at this time. Mr. Wiggin stated he has been developing land and building in the Twin Cities, mostly in Richfield, Bloomington, Burnsville, and for the last 15 years in Shakopee. He stated he was on an ad hoc committee that helped design a zero lot line. He thought it was going to be the coming thing, because the big problem the last 5-10 years is there have been very few apartment buildings built because there are only 4-unit mortgages. He stated the money has somewhat determined the building. Mr. Wiggin stated this will be a 4-unit building, 3 bedrooms in each unit, with tuck-under garages. Each unit will have a 2-car garage with 2 parking stalls in front of the garage, for a total of 16 parking stalls. Mr. & Mrs. Andrew Veres submitted a petition to the Appeals Commission. Ms. Gabel read the petition into the record: "Petition to stop the consideration of a variance request pursuant to Chapter 205 of the Fridley City Code to reduce the front yard setback on a corner lot from the required 35 feet to 30 feet, and the sideyard setback on a corner lot from the required 35 feet to 16.25 feet, at 5600 - 4th St. N.E. , Fridley" Ms. Gabel stated there were two identical petitions--one with four signatures and one with two signatures. MOTION BY MR.PLEMEL, SECONDED BY MR. BARNA, TO RECEIVE THE PETITION. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Veres stated it was the neighbors' concern that all the houses, including the 4-plex be even, so they did not want the variance approved for the front yard setback from 35 feet to 30 feet. Ms. Gabel explained that the proposal is to leave the 4-plex in line with the houses, and that was the reason for the variance to 30 ft. All the houses along the block are 30 ft. from the street, and the 4-plex would then be consistent with the houses. 4G APPEALS COMMISSION MEETING, JUNE 29, 1982 PAGE 4 Mrs. Veres stated the neighbors would have no objection to the building as long as it was even with the houses, as that was their only major concern. She stated they are in favor of the building because the area as it is now is an eyesore. MOTION BY MR. BARNA, SECONDED BY MR. PLEMEL, TO CLOSE THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC HEARING CLOSED AT 8:05 P.M. Mr. Plemel stated he would be in favor of granting the variances. He stated he thought the building would be a nice addition to the area. He did not think the variance to the south would cause any visibility problem as it is lined up with the building across the street. Mr. Barna stated both variances seem to be what the neighbors want, and he did not see any objection from the neighbors. MOTION BY MR. BARNA, SECONDED BY MR. PLEMEL, TO RECOMMEND TO CITY COUNCIL, THROUGH PLANNING COMMISSION, TO GRANT THE VARIANCE TO REDUCE THE FRONT YARD SETBACK ON A CORNER LOT FROM THE REQUIRED 35 FEET TO 30 FEET, AND THE SIDE YARD SETBACK ON A CORNER LOT FROM THE REQUIRED 35 FEET TO 16.25 FEET, TO ALLOW THE CONSTRUCTION OF A 30 BY 88 FOOT FOUR FAMILY DWELLING, LOCATED ON LOTS 13, 14, AND 15, BLOCK 4, HAMILTON'S ADDITION TO MECHANICSVILLE, THE SAME BEING 5600 - 4TH STREET N.E., FRIDLEY, WITH THE STIPULATION THAT THE PETITIONER WORK WITH THE CITY BUILDING DEPARTMENT ON THE LANDSCAPE PLAN, SCREENING OF REFUSE CONTAINERS, AND THAT OUTSIDE STALLS BE MARKED SO THEY ARE DEFINED. Mr. Wiggin stated he really does not need the variance to reduce the side yard setback from 35 ft. to 16.25 ft. on the south side unless the Commission wanted it that way. Mr. Clark stated they should say it should line up with the building to the east, but cannot be bore than 16.25 ft. from the south property line. MOTION TO AMEND BY MR. BARNA, SECONDED BY MR. PLEMEL, TO RECOMMEND TO CITY COUNCIL, THROUGH PLANNING COMMISSION, TO GRANT THE VARIANCE TO REDUCE THE FRONT YARD SETBACK ON A CORNER LOT FROM THE REQUIRED 35 FEET TO 30 FEET, AND THE SIDE YARD SETBACK TO BE IN ALIGNMENT WITH THE STRUCTURE TO THE EAST ON THE OPPOSITE SIDE OF 4TH STREET, BUT NOT CLOSER THAN 16.25 FEET TO THE SOUTH PROPERTY LINE, TO ALLOW THE CONSTRUCTION OF A 30 BY 88 FOOT FOUR FAMILY DWELLING, LOCATED ON LOTS 13, 14, AND 15, BLOCK 4, HAMILTON'S ADDITION TO MECHANICSVILLE, THE SAME BEING 5600 4TH STREET N.E., FRIDLEY, WITH THE STIPULATION THAT THE PETITIONER WORK WITH THE CITY BUILDING DEPARNMENT ON THE LANDSCAPE PLAN, SCREENING OF REFUSE CONTAINERS, AND THAT OUTSIDE STALLS BE MARKED SO THEY ARE DEFINED. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. 1B PLANNING COMMISSION MEETING, JULY 14, 1982 PAGE 2 fisting garage being converted into living space and requested that both gaes .be used as garage space. The petitioner had stated he had no problem with lowing the existing garage to remain a garage. This then required his coming for a special use permit, because the code doesn't allow second accessory ructures of 200 sq. ft. without a special use permit. Mr. Boardman s ed the petitioner is requesting a special use permit for the construction of a w garage and to allow the existing garage to remain a garage. He stated Staff has problems with this request. He felt it was appropriate since this house is at e end of the street and the setback variance in front was granted by the Appea Commission. The petitioner, Mr. James Cro stated this was the only location they had on the lot to build an additional age, and they really need the storage space. The only alternative would be to se their vehicles in the yard or on the street. MOTION BY MR. KONDRICK, SECONDED BY MR.,S1BA, TO CLOSE THE PUBLIC HEARING ON SP #82-08 BY JAMES H. CROSS. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON OQUIST DECLARED THE PUBLIC HEARING CLOSED AT 7:41 P.M. MOTION BY MR. SABA, SECONDED BY MS. VAN DAN, TO RECOMME-V TO CITY COUNCIL APPROVAL OF A REQUEST FOR A SPECIAL USE PERMIT, SP #82-08 .,BY JAMES H. CROSS, PER SECTION 205.051, 2, A, OF THE FRIDLEY CITY CODE, TO ALi6K THE CONSTRUCTION OF A SECOND ACCESSORY BUILDING, A 22' X 24' ATTACHED GARAGE ON-VT 4, BLOCK 1, IRENE HENRY ADDITION, THE SAME BEING 6271 JACKSON STREET N.E. (V ANCE GRANTED 6/15/82, SUBJECT TO APPROVAL OF SPECIAL USE PERMIT) . UPON A VOICE VOTE, RED ALL VOTING AYE, VICE-CHAIRPERSON OQUIST DECLARED THE TION CARRIED UNANIMOUSLY. Mr. Boardman stated this request would go to City Council on July 26. 2. VACATION REQUEST: AV #82- 02IBY S & R INVESTMENT COMPANY: Vacate that portion of unused ri 4t_-Df_-vray adjacent to the west side of Lots 13, 14, and 15, Block 4, Hamilton's Addition to Mechanicsville, (highway turn-back) , to allow the construction of a 4-plex, the same being 5600 - 4th Street N.E. (Appeals Commission recommended approval of variance on June 29, 1982) Mr. Boardman stated this property is located on 4th Street where the service drive connects into 57th Ave. It is a corner property. He stated the State originally had control of the right-of-way all along the service drive, but the State recently turned all that property over to the City of Fridley. The City of Fridley does not need the property so at the request of the petitioner, Staff is recommending this property be turned over to the property owner, but that the City maintain a 10 ft. boulevard easement. CITY OF FRIDLEY PLANNING COMMISSION MEETING, JULY 14, 1982 \L TO ORDER: Vice- hairperson Oquist called the July 14, 1982, Planning Commission meeting to or at 7:31 p.m. ROLL CALL` Members Present: Mr. Oquist, Mr. Saba, Ms. Gabel , Mr. Svanda, Mr. Kondrick, Ms. van Dan Members Absent: Ms. Schnabel Others Present: Jerrold Boardman, City Planner James Cross, 6271 Jackson St. N.E. Jim Benson A. Oscar Carlson S & R Investment Co. APPROVAL OF JUNE 23, 1982, PLANNING COMMISSION MINUTES: MOTION BY MR. KONDRICK, SECONDED BY MR. SABA, TO APPROVE THE JUNE 23, 1982, PLANNING COMMISSION MINUTES AS WRITTEN. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON OQUIST DECLARED THE MOTION CARRIED UNANIMOUSLY. 1 . PUBLIC HEARING: CONSIDERATION OF A REQUEST FOR A SPECIAL USE PERMIT, SP 82-08, BY JAMES H. CROSS: Per Section 2_05_.0_5T,__2_,_ A, of the Fridley ity Code, to allow the construction of a second accessory building, a 22' x 24' attached garage on Lot 4, Block 1 , Irene Henry Addition, the same being 6271 Jackson Street N.E. (Variance granted 6/15/82, subject to approval of special use permit) MOTION BY MR. SABA, SECONDED BY MR. SVANDA, TO OPEN THE PUBLIC HEARING ON SP #82-08 BY JAMES H. CROSS. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON OQUIST DECLARED THE PUBLIC HEARING OPEN AT 7:33 P.M. Mr. Boardman stated this lot is the last lot on Jackson Street. It is a dead-end street with a cul-de-sac. He stated the request is for the addition of a second garage. The request to the Appeals Commission on June 15 was to construct the new garage and turn the existing garage into a living area which would require a variance from 10 feet to 5 feet from the north property line, because thg existing garage as it is now is 5 feet off the property line. At that time, the ne�ghbors were not opposed to the construction of the new garage, but were opposed to he 1C PLANNING COMMISSION MEETING, JULY 14, 1982 PAGE 3 Mr. Boardman stated the proposal is for a 2-level , 4-plex with tuck-under garages. This proposal went to the Appeals Commission on June 29 for approval of two variances--a front yard setback from 35 ft. -o 30 ft. and a sideyard setback from 35 ft. to 25 ft. Both variances were approved by the Appeals Commission and are bang submitted to City Council . Mr. Boardman stated it was Staff's recommendation to approve the vacation and turn the property back to the property owner to make a more usable lot. Ms. Gabel stated the Appeals Commission has approved variances before for the development of this piece of property; but because of financing falling through and other things happening, no development has taken place. She felt that if there is now someone who can do something with that lot, it would be a good thing for the City. MOTION BY MR. SVANDA, SECONDED BY MR. SABA, TO RECOMMEND TO CITY COUNCIL APPROVAL OF VACATION REQUEST, SAV #82-02, BY S & R INVESTMENT COMPANY TO VACATE THAT PORTION OF UNUSED RIGHT-OF-WAY ADJACENT TO THE WEST SIDE OF LOTS 13, 14, AND 15, BLOCK 4, HAMILTON'S ADDITION TO MECHANICSVILLE, (HIGHWAY TURN-BACK) , TO ALLOW THE CONSTRUCTION OF A 4-PLEX, THE SAME BEING 5600 - 4TH STREET N.E. (APPEALS COMMISSION RECOMMENDED APPROVAL OF VARIANCE ON JUNE 291 1982) rWXTH THE STIPULATION THAT THE CITY RETAIN A 10 FOOT BOULEVARD EASEMENT. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON OQUIST DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Boardman stated this request will go to City Council on August 16. 3 OT SPLIT REQUEST: L.S. #82-04, BY A. OSCAR CARLSON: Split off the er5y 88 feet of the vacated alley adjacent to Lots 20, 21 , and 22, Block-7,,0naway, and add it to the Easterly 8 feet of vacated alley adjacent to Lots `% 6, and 7, Block 7, Onaway, the same being 7753 Beech Street and 7752-56 Elfin Street N.E. Mr. boardman st%ted there was quito' history as to how these two buildings were connected. He stated the proposal is to purchase the building that has been spread out across b�p alley and ,covers two lot areas, one off Beech Street and one off Elm Street, 'a.nd then Xplit the building, turning over a portion of the building on Lots 21 a 22o the building on Lots 6 and 7. Mr. Boardman stated wher the problem comes in is that because they are putting a new lot line in and ther was never a zero lot line variance for a building setback to a property line which was not necessary at that time, because the property in between was owne by the building owner) , the petitioner is also going to have to request a variance. Because of scheduling, there is somewhat of a problem with the variance"procedure and it would be mid-September by the time it gets to City Council . The reason for this is the meetings of the Appeals Commission and Planning Commission do not jive in order to get it to the City Council by the end of August. If the Planning Commission approves this lot* spl.it, he would suggest they recommend the lot split request be conditioned upon the variance approval by the Appeals Commission. PLANNING COMMISSION MEETING, JULY 14, 1982 PAGE 4 . Oquist asked why the two walls couldn't be knocked out and the area turned ba into an alley. Mr. m Benson stated he has been involved back to the time these buildings were conned ed and is now representing Keith Boulais and A. Oscar Carlson, who are the new` wners. He Stated that when the two buildings were connected together, the walls'"ere constructed of concrete masonry, the floors are poured concrete floors, so\pit is fully improved real estate. He stated that when you are inside the building and passing from one building to another, you hardly realize the buildings werg ever separated. He stated it would be too expensive to tear up the concrete flloor, concrete walls, and roof, so the logic is just to detach the building and br (ig it back and concrete the wall up, making virtually two separate buildings again. `,.This would create a zero lot line situation, which is common in the Onaway District, He stated the two buildings were originally built separately, so everything is separate--parking lots, utilities, water mains, etc. MOTION BY MR. SABA, SE ONDED BY MR. KONDRICK, TO RECOMMEND TO CITY COUNCIL APPROVAL OF LOT SPLIT REQUEST, L . 082-04, BY A. OSCAR CARLSON, TO SPLIT OFF THE WESTERLY 8 FEET OF THE VACATED AL�'Y ADJACENT TO LOTS 20, 21, and 22, BLOCK 7, ONAWAY, AND ADD IT TO THE EASTERLY 8 FEET OF VACATED ALLEY ADJACENT TO LOTS 5, 6, AND 7, BLOCK 7, ONAWAY, THE SAME BEING 7753 BEECH STREET AND 7752-56 ELM STREET N.E., BASED UPON THE APPROVAL OF THE ZERO LOT LINE VARIANCE BY THE APPEALS COMMISSION. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON OQUIST DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Boardman stated the zero lot line variance request will go to the Appeals Commission on Aug. 10, and then both the variance and the lot split request will go to City Council on Aug. 16. 4. RECEIVE JUNE 15, 1982, ENVIRONMENTAL QUALITY COMMISSION MINUTES: MOTION BY MR. SVANDA, SECONDED BY MR. SABA, TO RECEIVE THE JUNE 15, 1982, ENVIRONMENTAL QUALITY COMMISSION MINUTES. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON OQUIST DECLARED THE MOTION CARRIED UNANIMOUSLY. 5. RECEIVE JUNE 17, 1982, HOUSING & REDEVELOPMENT AUTHORITY MINUTES: MOTION BY MS. GABEL, SECONDED BY MR. SVANDA, TO RECEIVE THE JUNE 17, 1982, HOUSING & REDEVELOPMENT AUTHORITY MINUTES. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON OQUIST DECLARED THE MOTION CARRIED UNANIMOUSLY. 6. RECEIVE JUNE 22, 1982, ENERGY COMMISSION MINUTES: MOTION BY MR. SABA, SECONDED BY MR. KONDRICK, TO RECEIVE THE JUN 2, 1982, ENERGY COMMISSION MINUTES. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON OQUIST DECLARED MOTION CARRIED UNANIMOUSLY. (Official Publication) PUBLIC HEARING BEFORE THE CITY COUNCIL Notice is hereby given that there will be a Public Hearing of the City Council of the City of Fridley in the City Hall at 6431 University Avenue Northeast on Monday,August 16,1982 in the Council Chamber at 7:30 p.m. for the purpose of: Consideration of a Vacation Re- quest, SAV #82-02, by S & R Investment Company, to vacate approximately 50 feet of excess street right-of-way adjacent to Lots 13,14 and 15,Block 4,Hamil- ton's Addition to Mechanicsville, to allow the construction of a 4- plex,all lying in the South Half of SEction 23, T-30, R-24, City of Fridley,County of Anoka,Minne- sota. Generally located at 5600 4th Street N.E. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. WILLIAM J.NEE Mayor (July 28&Aug.4,1982)-FRID 4A 1 PUBLIC HEARING BEFORE THE CITY COUNCIL Notice is hereby given that there will be a Public Hearing of the City Council of the City of Fridley in the City Hall at 6431 University Avenue Northeast on Monday, August 16, 1982 in the Council Chamber at 7:30 p.m. for the purpose of: Consideration of a Vacation Request, SAV #82-02, by S & R Investment Company, to vacate approximately 50 feet of excess street right-of-way adjacent to Lots 13, 14 and 15, Block 4, Hamilton's Addition to Mechanicsville, to allow the construction of a 4-plex, all lying in the South Half of Section 23, T-30, R-24, City of Fridley, County of Anoka, Minnesota. Generally located at 5600 4th Street N. E. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. WILLIAM J. NEE MAYOR Publish: July 28, 1982 August 4, 1982 I THE CITY OF OIRECTORATE o0 o.- o OF 066° MEMORANDUM PUBLIC WORKS _ FRI L Y DATE August 11 , 1982 FROM D.P.W. TO ACTION INFO. SUBJECT City Council SAV #82-02 S & R Investment Company is requesting the vacation of approximately 6524 square feet of street right-of-way adjacent to Lots 13, 14 and 15, Block 4, Hamilton' s Addition to Mechanicsville, to allow the construction of a 4-plex. Two setback variances are required to set the structure on the property. The Appeals Commission and Planning Commission recommend approval of the front yard setback variance from 35 feet to 30 feet, and a side yard setback variance from 35 feet to align with the structure on the East side of 4th Street, but not less than 16.25 feet. The Commission also identified the following variance stipulations: 1 . The petitioner work with the City on the landscape plan. 2. Screen the refuse containers. 3. Stripe the outside parking stalls. 4. The City retain a 10 ft. boulevard easement along the service drive. The peitioner is desirous to start construction this summer. Accordingly they have requested the City Council to allow them to obtain a building permit prior to the final publication of the Vacation Ordinance. If the City Council desires , we could issue a building permit after the first reading of the Vacation Ordinance. JGF/de COUNCIL MEETING OF AUGUST 13, 1982 PAGE 3 Mr. Qureshi , City Manager, stated the resolution giving preliminary approval for this project is on the Council's agenda for consideration Later in the meeting, however, Mr. Berg has another commitment and had to Leave the meeting, therefore, Mr. Qureshi asked if the Council wished to consider the resolution at this time. 1 RESOLUTION NO 72-1982 GIVING PRELIMINARY APPROVAL TO A PROJECT UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT REFERRING THE PROPOSAL TO THE COMMISSIONER OF ENERGY PLANNING AND DEVELOPMENT FOR APPROVAL AND AUTHORIZING PREPARATION OF NECESSARY DOCUMENTS (KUETHER DISTRIBUTING COMPANY• MOTION by Councilman Hamernik to adopt Resolution No. 72-1982, Seconded by Councilman Schneider. Upon a voice vote , all voting aye , Mayor Nee declared the motion carried unanimously. Mr. Qureshi , City Manager, stated this site does not have City sewer available, however, there is a line of the Metropolitan Waste Control Commission along the south boundary. He requested, therefore, the Council to consider a resolution to petition the Metropolitan Waste Control Commission to permit a direct connection to their line for Kuether ' s proposed facility. w RESOLUTION NO 73-1982 APPROVING A PERMIT APPLICATION TO THE METROPOLITAN WASTE CONTROL COMMISSION TO PERMIT A DIRECT CONNECTION TO THEIR LINE FOR THE PROPOSED KUETHER DISTRIBUTING COMPANY'S FACILITY: MOTION by Councilman Schneider to adopt Resolution No. 73-1982. Seconded by Councilman Barnette . Upon a voice vote, all voting eye , Mayor Nee declared the motion carried unanimously. 2 PUBLIC HEARING ON PROPOSED 1983 CITY BUDGET INCLUDING AMOUNTS TO BE BUDGETED FOR REVENUE SHARING PURPOSES: MOTION by Councilman Fitzpatrick to waive the reading of the public hearing notice and open the public hearing . Seconded by Councilman Schneider. Upon a voice vote, all voting aye , Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:50 p. m. Mr. Qureshi , City Manager, stated the total General Fund budget prpoposed is $6 ,307 ,659, with $280 ,000 financed by revenue sharing funds. Mr . Qureshi stated the revenue sharing funds would be spent in the areas of general management, public safety, and parks and recreation. The overall budget for all funds is $7,088,459. No persons in the audience spoke regarding the 1983 budget. MOTION by Councilman Fitzpatrick to close the public hearing. Seconded by Councilman Schneider . Upon a voice vote, all voting aye , Mayor Nee declared the motion carried unanimously and the public hearing closed at 7:52 p. m. COUNCIL MEETING OF AUGUST 13, 1982 PAGE 4 OLD BUSINESS: ORDINANCE NO, 754 ADOPTING A NEW CHAPTER 211 ENTITLED "SUBDIVISION" AND REPEALING OLD CHAPTER 211 OF THE FRIDLEY CITY CODE IN ITS ENTIRETY HST READING 7/12/82) : Mr. Qureshi stated this is to update the ordinance and bring it in compliance with State statutes. He further explained this ordinance also provides for zero lot lines. MOTION by Councilman Fitzpatrick to waive the reading of Ordinance No. 754 and adopt it on the second reading and order publication. Seconded by Councilman Schneider. Upon a voice vote, all voting eye , Mayor Nee declared the motion carried unanimously. ORDINANCE NO. 755 TO AMEND THE CITY CODE BY MAKING A CHANGE IN ZONING DISTRICTS, ZOA #82-01 . W. G. DOTY AND GARY WELLNER (1ST READING 4/5/82) : MOTION by Councilman Hamernik to waive the reading of Ordinance No. 755 and adopt it on the second reading and order publication. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. /.'- - ORDINANCE _ORDINANCE N0. 756 VACATING STREET RIGHT—OF—WAY S #82-02. BY S & R INVESTMENT (1ST READING 8/16/82) : MOTION by Councilman Hamernik to waive the reading of Ordinance No. 756 and adopt it on the second reading and order publication. Seconded by Councilman Barnette. Upon a voice vote, aLL voting aye , Mayor Nee declared the motion carried unanimously. CONSIDERATION OF VARIANCE REQUEST TO REDUCE THE MINIMUM LOT AREA AND REDUCE THE FRONT YARD SETBACK TO ALLOW THE CONSTRUCTION OF A NEW DWELLING AT 625 ELY STREET N. E. GILBERT MENKVELD ANOKA (TABLED 8/16/82) : Mayor Nee stated the Council received some information from staff on the question of small lots. Mr. Qureshi , City Manager, stated the information provided to the Council indicated homes in the area which were built on 50 foot lots. Councilman Fitzpatrick stated it is true houses in the area were built on 50 foot Lots, but in this case the variance is to reduce the lot area from the required 7,500 square feet to 5,500 square feet and the 7 ,500 square feet is already a reduced amount from most other Lots in the City. COUNCIL MEETING OF AUGUST 13, 1982 PAGE 4 OLD BUSINESS• 3 ORDINANCE NO. 754 ADOPTING A NEW CHAPTER 211 ENTITLED "SUBDIVISION" AND REPEALING OLD CHAPTER 211 OF THE FRIDLEY CITY CODE IN ITS ENTIRETY [1ST READING 7/12/821 : Mr. Qureshi stated this is to update the ordinance and bring it in compliance with State statutes. He further explained this ordinance also provides for zero lot lines. MOTION by Councilmen Fitzpatrick to waive the reading of Ordinance No . 754 and adopt it on the second reading and order publication. Seconded by Councilman Schneider. Upon a voice vote, all voting eye , Mayor Nee declared the motion carried unanimously. ORDINANCE NO. 755 TO-AMEND THE CITY CODE BY MAKING A CHANGE IN ZONING DISTRICTS ZOA 82--d1 G DOTY AND GARY WELLNER 1ST READ 4Z5/821,- --- MOTION 5 8MOTION by Councilman Hamernik to waive the reading of Ordinance No . 755 and adopt it on the second reading end order publication . Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye , Mayor Nee declared the motion carried unanimously. ORDINANCE NO 756 VACATING STREET RIGHT—OF—WAY SAV #82-02 BY S & R INVESTMENT (1ST READING 8/16/82) : MOTION by Councilman Hamernik to waive the reading of Ordinance No. 756 and adopt it on the second reading and order publication. Seconded by Councilman Barnette . Upon a voice vote, all voting aye , Mayor Nee declared the motion carried unanimously. CONSIDERATION OF VARIANCE REQUEST TO REDUCE THE MINIMUM LOT AREA AND REDUCE THE FRONT YARD SETBACK TO ALLOW THE CONSTRUCTION OF A NEW DWELLING AT 625 ELY STREET N. E GILBERT MENKVELD ANOKA (TABLED 8/16/82) : Mayor Nee stated the Council received some information from staff on the question of small lots. Mr. Qureshi , City Manager, stated the information provided to the Council indicated homes in the area which were built on 50 foot lots. Councilman Fitzpatrick stated it is true houses in the area were built on 50 foot lots, but in this case the variance is to reduce the lot area from the required 7,500 square feet to 5,500 square feet and the 7 ,500 square feet is already a reduced amount from most other lots in the City. COUNCIL MEETING OF AUGUST 13, 1982 PAGE 3 Mr. Qureshi , City Manager, stated the resolution giving preliminary approvel for this project is on the Council's agenda for consideration Later in the meeting, however, Mr. Berg has another commitment and had to Leave the meeting, therefore, Mr. Qureshi asked if the Council wished to consider the resolution at this time. 1 RESOLUTION NO 72-1982 GIVING PRELIMINARY APPROVAL TO A PROJECT UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT REFERRING THE PROPOSAL TO THE COMMISSIONER OF ENERGY PLANNING AND DEVELOPMENT FOR APPROVAL AND AUTHORIZING PREPARATION OF NECESSARY DOCUMENTS (KUETHER DISTRIBUTING COMPANY• MOTION by Councilman Hamernik to adopt Resolution No. 72-1982 . Seconded by Councilman Schneider. Upon a voice vote, all voting aye , Mayor Nee declared the motion carried unanimously. Mr . Qureshi , City Manager, stated this site does not have City sewer available, however, there is a line of the Metropolitan Waste Control Commission along the south boundary. He requested, therefore, the Council to consider a resolution to petition the Metropolitan Waste Control Commission to permit a direct connection to their line for Kuether ' s proposed facility. �w RESOLUTION NO 73-1982 APPROVING A PERMIT APPLICATION TO THE METROPOLITAN WASTE CONTROL COMMISSION TO PERMIT A DIRECT CONNECTION TO THEIR LINE FOR THE PROPOSED KUETHER DISTRIBUTING COMPANY'S FACILITY: MOTION by Councilman Schneider to adopt Resolution No. 73-1982. Seconded by Councilman Barnette . Upon a voice vote, all voting aye , Mayor Nee declared the motion carried unanimously. 2 PUBLIC HEARING ON PROPOSED 1983 CITY BUDGET INCLUDING AMOUNTS TO BE BUDGETED FOR REVENUE SHARING PURPOSES: MOTION by Councilman Fitzpatrick to waive the reading of the public hearing notice and open the public hearing . Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:50 p. m. Mr. Qureshi , City Manager, stated the total General Fund budget prpoposed is $6 ,307 ,659, with $280 ,000 financed by revenue sharing funds. Mr . Qureshi stated the revenue sharing funds would be spent in the areas of general management, public safety, and parks and recreation. The overall budget for all funds is $7,088,459. No persons in the audience spoke regarding the 1983 budget. MOTION by Councilman Fitzpatrick to close the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye , Mayor Nee declared the motion carried unanimously and the public hearing closed at 7:52 p. m. THF MT��'PF� OF THE FL_F'S' CITY COUNCIL MEETING OF AC= 16, 1982 The Regular Meeting of the Fridley City Council was called to order at 7:30 p. m. by Mayor Nee. PLEDGE OF Aj-T EGIANCE Mayor Nee led the council and audience in the rledge of Allegiance to the Flag. 1�IJLL CALL: MEMBERS PRESENT: Mayor Nee, Councilman Barnette Councilman Schneider Councilman Hamernik and Councilman Fitzpatrick MEMBERS ABSENT: None APPROVAL OF MINUTES - COUNCIL MEETING QF' AUGUST 2. 1982: MOTION by Councilman Scneider to approve the minutes of August 2, 1982 as presented. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA• The following items were added to the agenda: (1) Public Hearing on an On- Sale Beer License for nark Pizzeria and Pasta, 317 Osborne Road; (2) Public Hearing on an On-Sale Beer License for Pizza -Town, 7891 East River Road; (3) Consideration of Setting a Public Hearing Tor the Issuance of Industrial Revenue Bonds for Duetner Distributing Company; (4) Request by the Fire Chief to send a letter of thank you to Totino's and the Knights of Columbus for contributions to the Fire Department; and (5) Request for Band Concert at Moore Lake rark. MOTION by Councilman Fitzpatrick to adopt the agenda witn the above additions. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS• There was no response from the audience under tnis item of business. PUBLIC HEARINGS: 1 TION REQUEST,r-SAV #82-Q24 S & R INVESTMENT COMPANYTQ VACATE STREET RIGHT-OF-kWr. 5600 4 ALLOW E CONSTRUCTION OF A FOUR-PLEX• MOTION by Councilman Hamernik to waive the reading of the public hearing notice and open the public nearing. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public nearing opened at 7:35 p. m. Mr. Flora, Public Works Director, stated tnis property in question is located nortneast of the intersection of I-694 and University Avenue. COUNCIL MEETING OF AUGUST 16, 1982 PAGE 2 Mr. Flora stated, in conjunction with the vacation request, variances are requested ror the tront and side yard setbacks. He stated these requests nave been approved oy the Appeals Commission and recommended, through the Planning Catmussion, for Council approval with the tollowing stipulations: (1) the petitioner work with the City on the landscape plan; (2) screen the recuse containers; (3) stripe the outside parking stalls; and (4) the City retain a 10 foot boulevard easement along the service drive. Mr. Flora pointed out the parcel of property being vacated allows for a boulevard along the service drive so there is not a need for an additional ten Leet for boulevard easement in tnat area. Mr. Flora stated the variance requests are to reduce the tront yard setback trom the required 35 feet to 30 feet which would line this building up witn the rest of the properties on 4th Street. He turther stated the side yard variance is trop the required 35 feet to 25 feet, but in order to align this structure with the others on the East side of 4th Street, the variance ; tor the side yard should not be less than 16.25 feet. Mr. Flora stated the :recommendation made by the Appeals Commission essentially states the side -yard setback be in line with the structure to the East side or 4th Street, but not closer than 16.25 feet to the property line. No persons in the audience spoke regarding this vacation request. MOTION by Councilman Hamernik to close the public nearing. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public nearing closed at 7:44 p. m. L PUBLIC HEARING FOR AN ON-SALE BEER LICENSE FOR PARK PIZZERIA AND PASTA. 311 OSBORNE ROAD1. MOTION by Councilman Schneider to waive the reading of the public hearing notice and open the public nearing. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:45 p. m. Mr. Inman, City Clerk, stated this public hearing is required by State Law, as there is a change of ownership at this establishment. Mr. Inman stated the background investigation has been conducted by the Public Safety Director and he recommends approval or the license. No persons in the audience spoke regarding this on-sale beer license. MOTION by Councilman Hamernik to close the public nearing. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 7:46 p. m. PUBLIC HEARING FOR AN ON-SALE LICENSE FOR PIZZA TOWN, 7891 EAST RIVER EM: MOTION by Councilman Fitzpatrick to wiave the reading of the public nearing notice and open the public nearing. Seconded by councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public nearing opened at 7:46 p. m. CQUNCIr MEETING OF AUGUST 16, 1982 PAGE 3 MOTION by Councilman Fitzpatrick to waive the reading of the public nearing notice and open the public nearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public nearing opened at 7:46 p. m. Mr. Quresni, City Manager, stated the ownership nas cnanged at tnis estabilsnment, thererore, this public nearing is required. Mr. Inman, City Clerk, stated a background investigation was conducted by the Public Safety Director and he recommends approval or the license. No persons in the auaience spoke regarding this on-sale beer license. MOTION by Councilman Fitzpatrick to close the public nearing. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public nearing closed at 7:47 p. m. QLD BUSINESS: CONSIDERATION OF APPOINTMENT TO APPEALS COMMISSION (TABLED 8/2/82) : MOTION by Councilman Schneider to table this item. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS: F 3 CONSIDERATION OF FIRST READING OF AN ORDINANCE ON VACATION REQUEST ("SAV #82-02.- S & R INVESIT, .[STP COMPANY: MOTION by Councilman Hamernik to waive the reading and approve the ordinance upon rirst reading. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Flora, Public Works Director, statea a letter was received rrom the petitioner requesting ne be able to start construction as soon as possible ana to nave a Duilding permit issued prior to the second reading or tnis ordinance. MOTION by Councilman HamerniK to allow the start to issue the building permit, prior to the second reading of the ordinance. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION #67-1982 SETTING A PUBLIC HEARING FOR THE ISSUANCE OF INDUSTRIAL REVENUE BONDS FOR RUETHER DISTRIBUTING COMPANY: MOTION by Councilman Schneider to adopt Resolution No. 67-1982 setting the public hearing on this item tor September 13, 1982. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. COUNCIL MEETING OF AUGUST 16, _1982 PAGE 4 4 RECEIVING THE PLANNING CQNA42sawN Moms OF AUGUST 4. 1982: =' t-_ITEM FROM APPEALS COMMISSION MINUTES OF JUNE 29, 1982: REQUEST FO 4 A R VARIANCE M REDUCE THE FRONT YARD SETBACK AND SIDE YARD SETBACK TO ALLOW CONSTRUCTION OF A FOUR-PLEX AT 5600 4TH STREET BY S & R INVESTMENT COMPANY: Mr. Flora, Public Works Director, stated, as discussed earlier in the meeting, during the public nearing, the variances requested are to reduce Me front yard setback trcm the required 35 feet to 30 feet and reduce the side yard setback tram the required 35 feet to 25 feet. Mr. Flora stated, during discussion by the appeals Commission at the put)llc nearing, it was reit the side yard setback for this structure should be no closer Man 16.25 feet in order to align this building witn the otner properties on the East side of 4th Street. Mr. Flora stated the Appeals Cammission and the Planning Commission botn recommended approval or the variances witn the rollowing stipulations: (1) the petitioner work wltn the City on the landscape plan; (2) screen the recuse containers; and (3) stripe the outside parking stalls. He explained a rourtn stipulation for a ten toot boulevard easement, therefore, an additional ten Leet is not required. Councilman HamerniK asked start It tney were comfortable witn a side yard setback or 16.25 feet. Mr. Flora stated the plan for the building provides tor a 25 foot setback, however, the Appeals Commission' s action was tnat tnis structure be no closer than 16.25 feet so it gives the developer some rlexibility. Councilman HamerniK stated what ne is saying then is, tnat the building be no closer than 16.25 feet, but it does not nave to line up witn the otner properties. He stated the only reservation ne nas is It the City nas enougn control. Mr. Flora stated, as long as the approval indicates the side yard setback snould be no closer than 16.25 feet, stats nas no problem with it, but they wouldn't want it any closer. MOTION by Councilman Hamernik to approve the variances, as recommended by Me Appeals Ccnm ssion to reduce the tront yard setback rrom the required 35 feet to 30 feet and to reduce the side yard setback tram the required 35 feet to a distance not less tnan 16 .25 feet, with the tollowing stipulations: (1) the petitioner work witn the City on the landscape plan; (2) screen the recuse containers; and (3) stripe the outside parking stalls. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 4B ITEM FROM APPEAL. COMISSION MINUTES OF JULY 20, 1982: REOUEST FOR VARIANCE TO REDUCE MINIMUM LOT AREA AND FRONT YARD SETBACK TO ALLOW (,INS`T'RUCTION OF NEW DWELLING AT 625 ELY STREET BY GILBERT MENKVELD• AND RECEIVING PETITION N0, 5-1982 FROM RESIDENT WITH NO OBJECTION TO HOUSE BEING BUILT ON THIS PROPERTY: Mr. Flora, Public Works Director, stated this property is in the Riverview Heights area and located in the 600 block of Ely Street. CITY OF FRIDLEY 6431 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA 5543.2 TELEPHONE ( 612)571 -3450 f4fA C-TTY_COLI N C I L August 18, 1982 AC.l..r N T.Aj<':rJ S & R Investment Company 2970 13 A Street N.W. New Brighton, Mn 55112 Gentlemen: or) August__1.6i_ 198 � the Fridley Citi! Council officially appro�,tPri" your request fi'cr v_arjjanufor 5600_4fh_Street—N. E.— front yard from 35' with the stipulations 1isued below: to 30 Side yard setback to 1 . Petitioner work with City staff on Landscape plan. 16.25 feet. Z,. The refuse containers be screened. 3. The outside stalls be marled so they are defined. 4. Petitioner can apply for building permit. If you have any questions regarding the above action, please call the Community Development Office at 571-3450. Sincerel , E ;QLD L. 30P:p JLD)/de ty Planner Please review the. noted stipulations, sign the staterent belo4� , and return one copy to the City of Fridley. COnctlr`il h day tak"n. ORDINANCE NO. 756 AN ORDINANCE UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE The Council of the City of Fridley do ordain as follows: SECTION 1 . For the vacation of street right-of-way described as follows: Those parts of Lots 13, 14, and 15, Block 4, Hamilton's Addition to Mechanicsville, according to the recorded plat thereof, Anoka County, Minnesota. Which lies northeasterly of a line 25 feet northeasterly or and parallel with the following described line: Commencing at the northeast corner of said Lot 13, thence on an assumed bearing of West along the north line of said Lot 13, a distance of 201 .95 feet to the point of beginning of the line to be described; thence South 28 degrees 39 minutes East a distance of 21 . 70 feet; thence southeasterly a distance of 432.50 feet along a tangential curve concave to the northeast having a radius 572.96 feet and a central angle of 43 degrees 13 minutes; and said line there terminating. All lying in the South Half of Section 23, R-24, City of Fridley, County of Anoka, Minnesota. Be and is hereby vacated. SECTION 2. The said Vacation has been made in conformance with Minnesota Statutes and pursuant to Section 12.07 of the City Charter and Appendix C of the City Code shall be so amended. PASSED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 13TH DAY OF SEPTEMBER , 1982• MAYOR - WILLIAM J. NEE ATTEST: Sidney C. Inman - City Clerk Public Hearing: August 16, 1982 First Reading: August 16, 1982 Second Read ing:—SQptQ�Er 13,_1982 Publish: . . . . . . :--SeptP-mer 22, 1982