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AF-V - 45030r� � ! ._._ _--_��t�. _... —. �..,—..: .. . .. ._.:... . � ., .. . ,., _ .. ... . . .. , � :iva.iE<.i . . ' �Ai��� �>f �,����l�y � _ ._ .. � �` � �� A7' T,Fi:E TGP C)F THE 7�!VIRJ9 ! r ; APP�.I�ATION TO ��ARD flF APP�AL� , � . : a. ...,,_, CUMMUNITY fl�V�4fJPMEtJi DIV. � ` . _ .� � . _ . � f� � � � ;i�RO'f.ECTtyE INSPE�TfQN �GFC. . � ot' . , , � � � �X"?:, � ;fii�ITY H�ALL .f,RlOt,�Y � ,55632 ' NuMttEH . . �ev. � onrE � ��a(;E �CYF APNNOVED BY } .+.-,«=-.J�� • `=J 17�.56J-:9d50 . > . . ,': . ,,' , ., : : , ._ � R . � . 910--F23 , 1 ' 3/'21/75 ; ' 1 •:2 � ,80��:. , . � , � ; : _ . ,: .: ,: . .� > Y �I7ane A3d� �ss : : _ _: . _..Pnone-�%��1-.q.�`J. �%.. ;'. Richard H. Netz Route 1; Box 202, Loretto, MN � 498-8133'�"� ;:�egal Lot N�. Block Nb. Tract or Addn. 7776 Alden Way N.E. � . . . .. ..... _ . _. ., . . _...r � DESCription 13 5 �•' earson's Craigway Estates - 2nd Addn. vtariance Request(s); including sta�ed hardship�,(a�taeh plat or.survey-o� property" ., snowing building, variances, etc.;, where appli�ab��`J `� - • � i � � {-? �= F �; : � j {, � ; We are requesting a variance of 40' from the required 100' setback from�• �v '� ,,, the 'Mississippi River!� Due o a large amount of the lo�ti� being '�:n the'.'� � , Flood Plain, and placement of the proposed house, this varianc��i5��••. ��� � � _ , necessary. _ $ , . y . Date ` 6/24/�7 I�ieet�.ng Date �ee � Rec�ip� No. Sign e < ' / . 7 � ��'� ��70� J`J�f , ..c�` ' � Comm`nts & Recommendations by ; the Board o€ Appeals '' _ , . - ; `: ;� � � _—r . � -� F [ ^a . ' � ,p.; City Council Action and Date M :. �ity of �,ric�I��y AT fiHE TOP pF THF. TNlINS r r � � � � ; � __�_ COMMUNI7Y DEVEIOPMFNT DIV. r � � PROTECTIVE INSPECTION SEC. i � i � � �'""1 � CITY HAI.L FRIDLEY 55432 "" �� ,'� 612-560-3450 Staff Comments suA�tcr APPLICATIOfJ TO BOARD OF �PPEALS (Staff Report) NUMHER REV. UA(E �. 1'AGE UF AVPHOVED BV 910-F23 1 3/21/?5 2 2 800 Board members notified of ineeting by �-�j-� List members, date notified, and "Yes" or "No" for plans to attend hearin . Plan � . Name � Date �To Attend lLr� Pearson making appeal and the followinq property owners having property within 20C feet notified: By Whom . Name Date Phone or Mail Not'fied '�' � E�(�� Richard H. Netz, Route 1, Box 202, Loretto, Mn 55357 Walter C. Rasmussen,76J6 Alden Way N.E. George Will, 350 Bellaire Way PJE. Mr. & Mrs. Donald White, 7736 Alden Way N.E. Mro & Mrs. Clarence Holtze , 7860 Alden Way N.E. Mr. & Mrs. Clelland Martinson, 7650 Alden Way N.E. Mr. & Mrs. Reinie We�ss, 7610 Alden Way N.E. Mr. & Mrs. Eldon Phillips, 270 Craigbrook Way N.E. Mr. & Mrs. Robert Dueholm, 290 Craigbrook Way N.E. Mr. & Mrs. Henry Bessesen,�89 Stoneybrook Way N.E. Mr. & Mrs. Robert McGregor, 265 Stoneybrook Way N.E. Mr. & Mrs. George Sundem, 7641 Alden Way N.E Mr. &!Mrs. David Kondrick, 280 Stoneybroo.k Way N.E. Mr. & Mrs. Marcel Brenny- 260 Stoneybrook Way N. E. _-�-� OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE APPEALS COMMISSION TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN that the Appeals Commission of the City of Fridley will meet in the Council Chamber of the City Hall at 6431 University Avenue Northeast on Tuesday, July 19, 1977 at 7:30 P.M. to consider the following matter: A request for a variance of the Interim Development Regulations for the Mississippi River Corridor Critical. Area, Section G, 4, (B,2) to reduce to 60 feet, the requirement that in Urban Developed Districts, no structure or road shall be placed no less than 100 feet from the normal highwater �ark of the River, and no less than 40 feet from 61uf-�lines, to allow the construction of a dwelling and garage on Lot 13, except the Southerly 25 feet thereof, Block 5, Pearson's Craigway Estates Second Addition, the same being 7776 Alden Way N.E. (Request by Richard H. Netz, Route 1, Box 202, Lorretto, Minnesota 55357). Anyone who desires to be heard with referenence to the above matter will be heard at this meeting. VIRGINIA SCHNABEL CHAIRWOMAN APPEALS COMMISSION Nate: The Appeals Commission will have the final action on this request, unless there are objections from surrounding neighbors, the City Staff, or the petitioner does not agree with the Corrmission's decision. If any of these events occur, the request will continue to the City Council through the Planning Commission with only a recommendation from the Appeals Commission. � 0 � Item #1 July 19, 1977 ,�DMINISTRATIVE STAFF REPORI' 7776 Alden Way N.E. .�.. PUBLIC PURPOSE SERVED BY REQUIREMENTS: The purpose for the standards and guidelines as laid out by the Interim Development Regulations for the Mississippi River Corridor Critical Area are as follows: a. To protect and preserve a unique and valuabl�e state and regional resource for the benefit of the health, safety and welfare of the citizens for the state, region and nation; b. To prevent and mitigate irreversible damage to this state, regional, and national resource; c. To preserve and enhance its natural, aesthetic, cultural, and historical value for the public use; d. To protect and preserve the river an an essential element in the national, state, and regional transportation, sewer and water and recreational systems; and e. To protect and preserve the biological and ecological functions of the corridor. In keeping with the above, the public purpose served by the critical areas designation, SEction G, 4, (b,2), states that there must be 100' setback from the normal high water mark of the river. B. STATED HARDSHIP: Due to a large amount of this lot being in the Flood Plain, and placement of the proposed house, this variance is necessary. C. ADMINISTRATIVE STAFF REVIEW: In keeping with Section J,3, of the Interim Development Regulations for the �lississippi River Corridor Critical Area, the local unit of government may grant a variance from the strict compliance of the setback of the interim regulations after an administrative hearirig conducted according to the regulations of that local unit of government, and may be granted only then, after the following findings are made: 1,. The strict enforcement of the setback or height restrictions will result in unnecessary hardship. "Hardship" as used in the consideration of a dimension variance means that the property in question cannot be put to a reasona6le use under the dimension provision of these Interim Development Regulations. 2. There are exceptional circumstances unique to the property that were not created by a landowner after April 25, 1975. 3. The dimension variance does not allow any use that is not a compatible use Administrative Staff Report 7776 Alden Way N.E. Page 2 in the land use district in which the property is located. 4. The dimension variance wi11 not alter the essential character of the locality as established by these Interim Development Regulations. 5: The dimension variance will not be contrary to the Order. Please note that soil tests and possibl:y footing design by Registered Engineer or Architect may be required. _ __ ... _ : . s-� . _ b. A dimension variance may be granted only when the following findings � are made: � (1) The strict enforcement af the setback or heigf�t restrictions . will result in unnecessary hardship. "Hardship" as used in the consideration of a dimension variance means that the proper�y in question cannot be put to a reasonable use '�y�Pr th_e dimension ��Ftl�%il�� provisions of these Interim Deye%pme�n �eguTations. (2) There are exceptional circumstances unique to the property that were not created by a landowner after April 25, 1975. (3) The dimension variance does not allow any use that is not a compatible � use in the land use district in which the property is located. (4) The dimension variance will not alter the essential character of, the locality as established by these Interim Devetopment Regulations. (5) The dimension variance wauld not be cantrary to the Order. �. ,Special Use Permit a. Local units of government, regional or state agencies may grant a special use permit after an administrative hearing that shall be conducted according to the regulatYOns of the local unit of government, regional or state agency for conditionai or special use permits. b. A special use permit may be granted for a proposed development oniy when the following findings are made: (7) It is consistent with the Order, and the adopted policies af the Metropolitan Council and the Environmental Policy Act; and (2) It is compatible with uses in the immediate vicinity; and (3) Tt is permitted by the ordinances of the local unit of government. 5. Emergency Actions In accordance with the Act, the local unit of government may grant a . development permit when certified in writing by the local unit of gnvernment or the County Zoning Administration with the existing authority that the develapment is essential to protect the public health, sa�ety or wetfare in an existing emergency and that a local ordinance was in effect irr�nediately prior to April 25, 1975 and a development permit wauld have been granted thereunder. 6. Appeals Procedure 0 The Council may, by reso7ution, establish appeals procedures including an Appeal 8oard when the Council determines that such procedures are necessary. If established, the Appeals Soard may consist of inembers representing local units of government, regional and state agencies. - 20 - :f �y�� f "y� ..� �(.' i' /i� %'/ �»� C�P-a� � ��, ��- % ��,�p. /�iv-L�l „���D /�� � ` d�� �-�� � ���� �,/> �»� �� �� �J� � , �� .�- �� � ��` ��� ,� - , ���� A � �, ,� 0 CITY OF FRIDLEY APPEALS COC{MISSION MEETING -- JULY 19, 19?7 Page 1 CALL TO OftDER � Vice-Chairperson Gabel cal ed the meeting to order:at ?32P •M . RdLL EALL: Membe�s Present: P1 el, Gabel, Barna Members Absent: Others Preserrt: APPROVE APREA S COM emper� Schnabel Ron Holden, Building Inspector MINUTES: JUNE 28, 19? MOTIO by Mr• Barna, seconded by Mr• Plemel, to approve t e Appeals Commission Minutes of June 28, 1977, as writ n. Upon a voice�vote, all voting aye, the motian carrie unanimously• ], . • REQUEST FOR VARIANCE Of THE INTERIM DEVELOPMENT REGU�ATIOPIS 'F4R THE I�ISSISSIPPI RIV R RR � SECTION G, 4, {B,4} TO REDU E � UIREMENT THAT IN llRBAN DEVELOPED DISTRI T, SHALL BE PLACED NQ LESS TH N HIGHWATEI2 MARK OF THE RIVER, ND N0 A1T�FU-FEET fR4f� B�UFFLINES, TO ALLOW �'HE N ��� AND GARAGE ON L4T 1, EXCEPT T 0 THEREOF, BLOCK 4, PEARSON'S CRAIGW Y ADDITION, THE SA�1E EiEING 6 ALDEN . � MINNESOTA. {Request by Ric ar H- Netz� ou e� ox 202, Lorretto, Minnesota 55357}. ' M4TION by Mr• Barna, seconded by Mr• Plemel� ta open the �. Publie Nearing• Upon a voice vote, all voting aye, th.e motion carried unanimously• The Public Hearing was opened at ' 7:36 P•M. ADMINISTRATIVE STAFF REPORT A. PUSLIC PURPOSE SERVED BY REQUIRE�1ENTS: The purpose for the standards ancl guidelines as laid aut by the Interim Development Regulations fo� the Mississippi River Corridor C�itical Area are as follows: 0 � � � . .. _... �. ....:. . . ... .;.. _ .._..:.....».r.....�. ......:.�......i.�_..._.._. __... , .__________ . _ __ � �; APPEALS COMMISSION MEETING — JULY 19� 19?? � Pa9e 2 a. To protect and preserve a unique and 'valuab]e state and'regional . . resource for the benefit of the health, safety and welfare of '� � the citizens for the state, region and nation; ' b. To prevent and mitigate irreversible damage to this state, regional, and national resource; - � c. To preserve and enhance its natural, aesthetic, cultural, and � historlcal value for the public use; - � . d. To protect and preserve the river an an essential element in the� � national, state, and regional iransportation, sewer and water and � � .recreational systems; and • � e. To protect and preserve the biological and ecological functiens of � �the corridar. � Tn keeping with the above> the public purpose served by the critical ., areas designation, SEction G, 4, (b,2), states that there must be 100` setback from the normal high water mark of the river. •� B. STATED HARDSHIPt Que �o a large amaunt of this lot being in the F1ood Plain, and placement of the proposed house, this variance is necessary. C. AOhSIHISTRATIVE STAFF REVIEW: ' In keeping with Section J,3, of the Interim Development Reguiations for the Ftississippi River Corridor Critical Area, the local uni� of government may grant a variance from the strict compliance of th� setback af �he . � interim regulations after an ad�inistrative hearirig �onducte� according to' _ the regulations of that local unit of government, and may be granted only then, after the follo�ring findings ar� ntade: . l. ihe strict enforcement of t�e seiback or height restrzctions wiil result in unnecessary hardship. "Nardship° as used in the consideration of a dimension variance n�eans that the property in question cannot be put to a reasonable use under the dimension provision of.�.these Interim Oevelopment Regulations. • ,, . 2. There are exceptional circumstances unic#uE to the property that were not created by a landowner after April 25, 1975. 3. The dimensi�n variance does not allow any use that is not a compatabie use � in the land use district in which the property is lacated. 4.. The dimension variance ti,ri11 not alter the Pssential character of the loca'lity as established by these Tr.te�•im Dev�laFr:ent Re�ulaiions. 5: The dimension var.iance will not be contrary to ttie Order. Please note that soil tests and possibly foating design by Registered Engineer or Architect may be required. ' .f, , ` APPEALS COMMISSION MEETING — JULY b9, Z97? Paae 3 M r• Ri�hard H• Netz was present at the meeting. Ne showed his plans to the Appeals Commission and explained what his intentions were• He said that the lot was near Stoneybrook Creek. Vice-Chairperson Gabel asked if Mr• Netz had definite . plans as to what he would do regarding the landscaping of . the slopes on that lot. She asked if he had talked to anyone from the Engineering Department. Mr• Netz explained that he was an Engineer• He said ' that he wasn't exactly positive of what he would do regardin9 the landscaping. He said he would probably terrece the slopes with the use of railroad ties, etc. He said that he was planning to leave some of the slope on one of the hills but that he would again terrace the area lower on that particular hill to provide some type of retaining wall. M r• Barna wanted to know if Mr• Netz was aware that much of that area had recently been l,and-filled• � Mr• Netz indicated that he would build on solid ground. He said that the foundation of the basement would be at the 824 foot level. He explained that the flood level was at 822 feet, so that basically he would be above the� fl.00d �evel that had been established• Mr• Netz explained that the reason he had his house at an angle was to enable him to build the house on the side of the property that was basically undisturbed soil. Mr. Barna didn't want to see any excessive disturbance of the soil that had recently been put into the area. He suggested that Mr• Netz keep a close watch on the bulldozer operation. He said that that type of soil could be very ^funny^ once it was disturbed. Mr• Holden indicated to Mr. Netz that City would need four soil borings. Mr- Barna asked if Mr• Netz planned to take out the old, fallen trees. Mr• Netz said he would be removing all the fallen trees as well as all the dead trees. The Realtor regarding M r• Netz's property was present at the meeting. She felt that Mr• Netz was really planning to build a most beautiful home on that lot. � s APPEALS COMMISSION MEETING — JULY 19, 1977� paqe 4 Mr. Holden referenced the Administration Staff Report, the Administrative Staff Review, 1} The strict enforcement of the setback or height restrictions will result in unnecessary hardship. ^Hardship^ as used in the consideration of a dimension variance means that the property in question cannot be put to a reasonable use under the dimension provision of these Interim Development Regulations. t�r• Holden indicated that Staff wanted some input as to what was conside�ed ^reasonable^ and what wbuld be unreasonable• , He wondered if'it would be ^reasonable^ not to allow a house to be built on that pa�ticular lat. Mr• Plemel indicated that since the lot was Zoned R-�1 and there were all single-family dwellings in the area, it would be a reasonable request for the owner to �ant to construct a house on the lot. Vice-Chairperson Gabel pointed out that had Mr• Netz purchased the lot and developed it before April 25, 1975, he would not have had to appear before the Appeals Commission for a variance. He would have been allowed to build his proposed home without any problems from the City as long as he met all the City Codes existing at that time. • Vice-Chairperson Gabel told Mr. Netz that HE assumed all the responsibilities on tha� lot. She said that the City would not be liable for anythi�g regarding the building of the house or the landscaping of the lot. Mr• Barna suggested that the �ity clean up Stoneybrook. Mr• Holden said that the City would probably be cutting down the dead trees and removing the fallen trees. Mr• Barna suggested that City didn't take that course of action since all the trees, dead or fallen, still did their part in holding the soil. He felt that a lot of soil would be lost if the trees and roots were removed.- Mr- Barna asked if Mr• Netz planned to change the natural conservation of the lot since he stated that some of the slopes would be terraced and others would be partly left as a slope and then terraced further down the hi11 to provide somewhat of a retaining wall. M�r• Netz didn•t feel he would really be changing any of the natural conservation. He felt he would be enhancing it- 0 . � APPEALS COMMISSION MEETING — JULY 19, ti97? Page 5 Mr• Barna explained that a heavy rai� could result in the washing away of much of the lower slope of Mr• Netz's lot. He said that Mr• Netz would be better off completely �emoving the slope via terracing, etc. than by t�ying to do the terracing only halfway. . M�• Netz said he would take Mr• Barna's suggestion � into consideration- Vice-Chairperson Gabel didn't feel that the land , would be that effected by erosion as long as it was properly terraced. Mr• Barna explained that during heavy r•ains and winter thaws the water from all the way��up the street washed over � the curbing of Mr• Netz's lot and completely overtook the lot• Ne warned Mr• Netz that much water did flow ove� his lot during any wet times. Mr• Netz explained that he planned to landscape the - � entire lot• He felt that he would be a61e to control any � of the problems mentione�d with the proper landscaping- MOTION by Mr• Plemel, seconded by Mr• Barna, to close the Public Hearing• llpon a voice vote, all voting aye, the motion carried unanimously• The Public Hearing was closed at 8:10,P.M. Mr• Plemel asked if the person that had built across from Mr• Netz's Iot, who had been granted a variance, had � experienced any problems. Mr• Barna indicated that the person has had innumerable problems- He said that the owner had lost about 40 yards of soil from erasion since he had built- Vice-Chairperson Gabel asked Mr. Holden if there would be any stipulations on the Building Permit- Mr• Holden indicated that the excavation of the land plus four soil borings would be required• Mr• Barna felt that the terracing and retaining walls would destroy the natural characteristics of the property- He also feZt that there had been toa many problems experienced on the adjacent lot to allow"another house to be built that would undoubtedly experience many of the same prablems. _ _ .. � APPEALS COMMISSION MEETING -- JULY 19, 197? Pase 6 • Vice-Chairperson Gabel felt that the retaining walls and terracing would aid in the �etention of the natural characteristics of the property. Mr• Barna felt that what Mother Nature put in, seemed to stay; while what was altered, Mother Nature seems to move• Mr• Plemel couldn't see any other use for the property• He said that it hadn't been made into a park or braught by the City for any other purpose, or zoned for any other purpose- . Mr• Barna'pointed out that the area where Stoneybrook entered the river was a favorite swimming place for most of the young people in the neighborhood. He said if for no other reason, that would be reason enough to keep the lot vacan�• Mr- Plemel f�lt that f1r• Netz was probably aware of the popularity of the swimming a� that point and that the children constantly using his yard as a thoroughfare to that swimming place would have ta be something that Mr• Netz �would have to work out and it was not the Appeals Commissior�'s problem. M�• Barr�a asked how many lots remained open along the t^iver - The Realtor wasn't aware of any. M r• Netz said that there was one other vacant lot along the river that the person owning the property did not wish • to� sell • Mr• Plemel felt that Mr- Netz was not going into this , venture ^with his eyes closed^ and that he was probably fully aware of all the problems that he would be faced with. Mr• Barna felt that the property in question was one of the only two lots left along the bluffline of the River,• He didn't think that just because it was there, it had to be built on. Ne said that people didn't have to use up every piece of the bluffline just for homes. Viee-Chairperson Gabel said that if Mr. Netz purchased the lot, he should be able to develop it the way he wanted to. She said that she was in agreement with the point that the lot was a most difficult lot, but that Mr. Netz seemed to be totally aware of the problems and he was willing to go to whatever expense necessary to correct any of the situations. M r• Barna said that there has been serious ecological variances to the bluffline because the City has allowed•aI.l the construction on the lots along the bluffline• He said that much soil had been needless�.y washed i�to the Rive�. n �'' rAPP�ALS COMMISSION MEETING — JULY �9, 19?? Page 7 MOTION by Mr• Plemel that the Appeals Commission approve the request for a variance of the Interim Development Regulations for the'Mississippi River Corridor Critical Area, section G� 4, {B,2} to reduce to 60 feet, the requirement that in. Urban Developed Districts, no structure or road sha11 be placed no less than 100 feet from the normal highwater mark of the River, and no less than 4� feet from blufflines, to allow the construction of•a dwelling and garage on Lot 13, except the Southerly 25 feet the�eof, Block 5, Pearson's Crai9way Estates Second Addition, the same being 7776 Alden Way NE. The MOTTON died due to a lack of a second• Vice-Chairperson Gabel asked Mr- Netz when he planne.d to start construction• Mr. Netz indicated that he wanted to wait until he sold his present house. He said it could be either this summer/fall or possibly not until next Spring. MOTION by Mr• Ba�na, seconded by Mr• Plemel, that the Appeals Commissi,Qn send onto City Council with no recommendations the request for a variance of the Interim Development Regulations for the Mississippi River.�orridor Critical Area, Section G� 4, {6,2} to reduce to 6� feet, the requirement that in Ur.ban Developed Districts, no structure or road shall be placed no less-than 3,`'DO feet from the normal highwater mark of the River, and no less than 40 feet from blufflines, ' to allow the construction of a dwelling and gerage on Lot 13, except the Southerly 25 feet thereof, Block 5, Pearson's Craigway Estates Second Addition, the same being ???6 Alden Way N.E. UPON A VOICE VOTE, all voting aye, the motion carried unanimously. Vice-Chairperson Gabel wanted it to be noted that she was in concurrence with the motion to approve the request by Mr- Richard H• Netz. � 2• REQUEST FOR VARIANCE OF SECTION , R D T RE U� T T�'" 3II-1�E�T�' R� �bur Cna �rKttr � erry - c nig Minnesota 5542� C•� rLLi � LV ` , FRIDLEY, MT 6 - n Stree .053, 4, A, FRIDLEY �D TB K OF THIS , , BEING SOTA. {Request y . E . � Fridley, M4TION by Mr• rna, seconded by Mr• Plemel, to open the Public Heari Upon a voice vote, all voting aye� the motion car�ied un imously• The Public Hearing was opened at 8:37P.M. 0 . APPEALS COMMISSION MEETING -- JULY 19, 19?? Pa e 8 �,, - � ADMINISTRATIVE STAFF REPORT A• PUBLIC PURPOSE SERVED BY REQUIREMENT: • Section 205.053,4,A, requi�ing a f�ont yard etba�k of 35 feet . . • B. C. Public purpose served is to allow for off street parking � without encroaching on the public right f way. Also for aesethetic consideration to reduce he ^building line of sight^ encroachment into the eighbor's front yard. STATED HARDSHIP: New entry way will help eliminat the living room. ADMINISTRATIVE STAFF REVIEW: eold air from enter�ing The verifying survey indica s that a 3' x 5' addition of an entry:way would redu the front yard setback to just over 30 feet. Th house at 4623-2nd Street N.E, seems to be setback appr lmately 31 feet. The Southwest corner o the house is 32.58 feet from the property line and the requested variance would reduce that setback by 2.4 eet. Please note that aff would like to remind the petitioner that is•garage permit expires in November of ],977 and a rd surfaced driveway must be installed before it can e finalled out. Also, temporary wiring must be conv rted to permanent wiring immediately- Mr. McKnight e lained to the Appeals Commission that he wanted to add n entry way to his house. He said that mainly because of t e high winter heating bills he didn't like to have the fr nt door open directly into the living room. He also m tioned that they wanted/needed a closet for coats, e. and one would be included in the plans he had for the entry way addition. He then indicated on the plans and th pictures of his house exactly where the entry way would be added. � Mr• McKnight also pointed out that the neighbors that ey had talked to did not object to his plans. � N.C. NOIUM aNU ASSOCIATES, INC. 10130 CENTRAL AVE. N.E. (HWy. 55) — BLAINE, MINNESOTA 55434 ,: ' \. � �� � ' � (� y � �II� I1 � M I�M 1 i` 1 CERTIFICATE OF SURVEY: � /<i��?�,Zb ����-- ,� . � �� , , . �, Y' �� 3 . ,� i�l �� , �:, . �� r� � .� . � v` '�,� ��� b�. / � � � Jti' i8 8 � m ,k. , �� a y� � , �. �: '� . ��., � � � ,. � � �b �i / yi ti \ . L .'� �,� Y L '9 . r � / � � i � �/ i / �� ' / � � \ e CIVIL ENGINEERS LANDSURVEYORS Telephone 784-5480 � � n _ �".�� '� . , . " . T� r �_ ' a a , �i � � ����• . V Y � '. 1.3� ���UIK _ � � . . . � . . ��, . . ' '. ... �. .. , �. , . �..i. .. , � . .. �. t.. �f�.�.{�T fi�IP SOUi•.. . � . - . . . . .� ,� . , i.' ',�'CT �f�� :��r�il . , ._-. r..._��•. ,-.l�'1" . . �.�� i... . . '�i' , . J� F'r �� �il:' �.f)II'.' fld:�'_I ��. 1..�.'t �..� '.�rt'l�l � � . . . . I hrrrby rrrnfy ilwt th�s wrvry, plsn. or report a:is pr��p.ued bp nir or under my direct super- c�,�on and ihut 1 em a duly ReKistered Land Sw<<•yn� nudrr ihr laws u� the Stxte of Mmn- � .�,ut. . �j r, . � / ..� �1' ''' .' Uaur �n 1��/1F --RrR.Vu. 44z7 ,; , , � IVC 4�c7 '__ ` -�"d . . . . . .. _ .. . .. ..._...__.__. REGULAR MEETING Of AUGUST T, 1977 Counc�lman Fitzpatrick felt the Association, the general public, and have all faced a new proposal and costs and method of assessing these be studied. � Councilman Hamerm k questioned if persons living east of the rai any other comments. � f 1 PAGE 6 he ouncil sts have to tracks had 'A gentleman from the audience stated they aren't organized, t they wi71 have feedback to the Council. He stated he will contact person in his area regarding the meeting of the Locke Lake Association. Mr. Roger Wiison, who lives on Locke Lake, stated the ake is used as a settling pond. He pointed out the Army Corps of Engineers dr dges the Miss�ssipp� and all taxpayers pay for this even though a lot of this s imentation comes from farther north. Mayor Nee stated at the last meeting on this tem, he paraphrased a letter from Ms. Sjorklund. He had stated she concurred th the expression in another ietter which was to make it a golf course and tha asn't correct. Mayor Nee then read the letter from Ms. Bjorklund which, Tn essen , ind7cated her object�on to the improvement if it was financed by a City-wide assess ent; but if it was assessed on an area bas7s, she did not ob�ect. Mayor Nee thanked the members of th ice Creek Watershed Distr�ct and the�r engineer, Mr. McLennan for present g the proposal th7s even7ng. He asked they review the requests made this ev ing from several residents for improvement from Locke Lake east to the tracks. It was agreed this item woul again be placed on the Counc�l's agenda for August 75, 1977 to receive input from e Locke Lake Association, as wel7 as any other residents who may wish to comment r ardting the proposa1 for improvement. ,MOTI�N by Counc�lman Fi patrick to ciose the discussion. Seconded by Councilwoman Kukowskt. Upon a voi vote, ali voting aye, Mayor Nee decTared the motion carried unanimously. RECESS: Recess called Mayor Nee at 9:55 P.M. RECONVENED: Mayor R the meeting at i0•1� P.M. A►1 Counciimembers were present. N/6y Councilman Fitzpatrick to consider Item 8 on the agenda, as several �is were in attendance regarding this variance application. Seconded by Counc�l- Kukowsk�. Upon a voice vote, all voting aye, Mayor Nee declared the motion ed unanimously. ON OF VARIANCE OF THE tIYTERIM DEYELOPMENT REGULATIONS FOR THE MISSISSIPPI Mr. Sobiech, Public Works Director, expla�r�ed this is a request for a varia�ce to the Inter�m Development Rules and Regulations for the Mississippi River Corridor Critical Area, to reduce the requirement of l00 feet from the normal h�ghwater mark of the river to 60 feet to allow construct�on of a dwell�ng and garage on Lot 13, ,except the southerly 25 feet thereof, Block 4, Pearson's Craigway Estates, 2nd Addition. Mr. Sobiech stated the Tocal u m t of government may grant a variance from the strict compiiance of the setback of the interim regulations, after a hearing is conducted, and may be granted only after the follow�ng findings are made: 1. The strict enforcement of the setback or height restr�ct�ons w�ll resu7t in unnecessary hardship. Mr. Sobiech explained, if the variance is not granted, the property owner will not be able to bui7d on this lot. 2. 7here are exceptional circumstances unique to the property that were not created by a landowner after Aprtl 25, 1975. �, ��� t REGULAR MEETING OF Al1GUST 1, 1977 PA6E 7 Mr. Sobiech explained, if the applic�nt had purchased the lot and developed it before Apr�l 25, 1975, he would not have had to apply for a variance. 3, The dimension variance does not allow any use that is not a campat�ble use �n the land use distr�ct �n which the property is located, Mr. Sobiech explained this would be a residential use and the zoning is proper. , 4. The dimension variance will not alter the essential character of the locality as established by these Inter�m Development Regulations. Mr. Sobiech stated th�s variance would not be a variance that wi17 hamper the rules of the Inter�m Development Regulations. 5. The dimension variance wi11 not be contrary to the Order. Mr. Sob3ech �ndicated this variance will not be contrary. Mr. So6iech pointed out, it was d�scussed in 7ength at the Appeals Commission meet�ng, that this property is difficult to build on. He stated the owner is aNare of the problans associated with this lot and, therefore, any erosion problems in the future will have to be dealt with by the property owner. Mr. Sobiech stated the fiood level is 822 and the proposed footing elevation will be 824. Mr. Netz exp7ained the house will probably be built with foot�ngs at 824, with a three-story configuration from the back and a 1�-story configuration from the street. He explained his plan for terracing the lot in order to hold the slopes. Mayor Nee quest�oned Mr Fletz if he was willing to live with all the possible disasters pointed out in the Appeals Corrmission minutes. Mr. Netz stated he doesn't th�nk he wzll have any problarts. He stated he is bu�lding � a$100,000 house and doesn't intend to see �t slide away and felt the landscaping and terracing will take care of the prob7em. Mr. Netz felt, by developing the lot, there would be less earth into the river, than by leaving it vacant. Councilman Fitzpatrick felt they had to take the acEvice from the City admtnistration that the lot is buildable Mr. Sobiech felt that proper construction methods will have to be followed, the property owner must maintain the slopes, and acquire permits from the DNR and Corps of Errgineers. Counc�lman Fitzpatr�ckfelt these stipulations are already provided for in the bui1ding regulations Mr. Sobiech felt the stipulation the Councll may wtsh to state is that Mr. Netz is responsible for the eros�on control. Counc�lman Schneider stated he was concerned about a future liab�lity with the Ciiy, regardless of ownership, �f erosion occurs. Mr. Herrick, City Attorney, felt this could be handled in the manner of putting a stipulation to the var�ance regarding erosion. Mr. Quresht, City Manager, felt, in this particuldr situatton, the property owner shou7d provide a substant�al type of retai m ng structure for protection of the property. He felt the standards of 822 might be too low and possibly they could be � affected by a flood. MOTION by Counci7man F7tzpatrick to grant the variance of the Inter�m Development Regulations for the Miss�ssZppi Rtver Corridor Critical Area, as requested by Mr. Netz, and outlined on Page 8 of the agenda book, w�th the st�pulation that the property owner understands that it is his responsibilfty to prevent eros�on from h�s property into the creek and river. Seconded by Councilman Hamernik. Mr. Alex Barna, 560 Hugo Street N E., stated he was speaking as a member of the public and nat as a member of the Appeals Comniss�on. He pointed out the purpose of the Interim Development Regulat�ons and questioned if the Council had considered (i) erosion, (2) the fact that the house wilT be build over ihe biuffiine, (3j tbe � -_ '3 REGULAR MEE7ING OF AUGUST 1, 1977 PAGE 8 reta�ning walT, which he felt, d�dn't add natural or aesthetic va7ue, (4} that the property is lower, from erosion, than shown on the past survey, and (5) the fact that by permitiing construction of another house, he feit didn't preserve the ecolog�cal functions of the corrzdor. He further stated they were assured the property to the south had a'I1 the proper engineering done and in oneheavy rainstorm, all the pre-cautions went down the river. He felt the Army Corps of Engineers shou7d make a determination if this lot is bu�ldable �UPON A VOICE Y07E TAKEN ON THE MOTION, all voted aye, and Mayor kee declared the motion carried unam mously. SSION IN REGARD TO I JULY 19, 1977. MINUTES OF THE CHARTER COMMISSION ANU AND RECEIVIIVG COMMUNICATION FROM 4AVID SERG Of THE CHARTER CdP�P'IISSION AND CONSIDEFtATION OF FIRST READING OF AN ORDINANCE ESTABLISHING A C E OF ETHT MOTION by Councilwoman Kukowski to receive the comnun�cat� dated July 27, 1977, from the Charter Comn�ssion. Seconded by Councilman Sch ider Upon a voice vote, all vot9ng aye, Mayor Nee declared the motion carried u m mously. MOTION by Councilroan Schneider to receive the July 1, 1977 minutes of the Charter Comn9ssion and a portion of the July 19, 1977 minu s of the Appeals Comm ssion regarding the Code of Ethics OrdSnance. Seconded y Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared he motion carried una m mously MOTION by Councilwoman Kukowski to receive th commun�catlon dated July 19, 1977 �from David Berg of the Charter Cortmiss�on. conded by Councilman Schneider. Upon a voice vote, aTl voting aye, Mayor Nee dec red the motion carried unanimously. MOTION by Councilman Schne�der to waive e reading and approve the ordinance establishing a code of ethics for City ficials upon first reading with the follow�ng amendments: Section 30.01, Subdivision 3- End e sentence after the word "spouse" in the iast l�ne, thereby el�m�nating the word "children, mother or fatherS" and add�ng the fol7owing: "It shal7 also apply any real or personal properties owned ,7ointly in any manner or percentage by sai person or said person's spouse." Section 30.10, insert after c on(:) Planning Commission, Community Development Conmiission, Appeals Co�iss7 n, Cable Televisian Corrmtss�on, Park and Recreation Comm ssion, Env�ronmental ality Commission, Human Resources Commission,and Hous�ng and Redevelopment Authorz It shall not apply to any member of a pro�ect comm�ttee unless said in ividual is also a member of one of the bod�es indicated �n this Section 30.10, Councilman Namerm k elt the last sentence was repetitious, since if this did not apply to a pro�ect ommittee, the other Commiss�ion members would be covered in the prevzous sent ce. 7he Council th agreed to eliminate the sentence "It shali not apply to any member of a p ,�ect committee unless said individual �s also a member of one of the � bodies indic ted in th�s Section 30.10." Sect�on 3 30, Subdivision 1(4), lines 3-5: On line 3, add the words "he or she knows" ter the word "which." On l�ne 4, chan e the word "has" to "having." Dn 7ine 5 eliminate the words "of more than 10 percent of the c�ntrolling interest of" a d add the word "�n" at the end of this iine. S ion 30.32, Subdiv7sion 1, iine 4• Add the words "as a public record" after t e word "file." SPEED MESSAGE C DATE 8f3/77 _ TO �err�/ su��ccr Variance; 7776 Alden Wav __ Please be adviS d_h Cp�n�il annrn critical areas rules & regulations for 7776 Alden Way. When sending _ the Counci l acti on taken form o h nPti ti nnPr nl_e.a,s_e_n_ot.e t.h-e _ following stipulations that he should acknowledge: 1) Permit must be received from appropriate agencies involved with public waters �D�IR Corns of En�inPPrcl _ 21 It tho�,l d hP noteci on the hu� i d-a-r-�g-p�rmi t�Gh�-�-i-���e--- responsibility of the property owner to ensure proper stabili- zati on of : rPek $ ri v�i^ h�pkc a •. { 3) �Th� i�:��. �e�e5,�� ��►�► DS� m °''''t� ����,a►.a�r� t��c c�. �� c�► �:�, Q�� ��ie�w. he x to u��,,,� pr�op. r�� FROr,n _ Gr Line "SNA?-A�WAY" FORM 44-d99 2-PARTS WILSON !ONES COMPANY = iC��96i • PRINTEDIN U.5.0.. .♦ �� � .,. .�' ��: _� ., $� �,. '�� ��; � t e :�, . GITY t�� ���D�..�Y 6431 UNIVERSITY AVENUE N.E., FRIDLEY, MIPtNESOTA 55432 TELEPHONE ( 612}5T1-3ASfY August 10, 1977 Richard H. Netz ' Route 1, Box 202 Loretto, t�innesota 55357 Dear Mr. Netz: CI7Y CO:1NCIi. ACTION TAKEN NOTICE Re: Variance for Lot 13, Block 4, Pearson's Craigway Estates 2nd Addition ; On � , the Fridley City Council officially a proved your request for �.E` ��rith the stipulations listed below. Please review the noted stipulations., sign the statement below, and r�turn one copy to the C�ity of Fridley. If you ha��e any questions regarding the above action, please call the �ommunity Development Office at 571-3450. Sincerely, r.--.� ��u• J�RROLD L . OA i�fAN G''TTY PL�iP1NER JLB/de StipuTations: 1. Permit must be received from appropriate agencies involved with public waters (DNR, Corps of Engineers) 2. It should be noted on the building permit that it is the responsibility of the property owner to ensure proper stabili of creek and river banks. Concur with a i n taken.