The URL can be used to link to this page

AF-V - 34989;� . - � Y _ 'k; CITYOF FRIDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 •(612) 571-3450 • FAX (612) 571-1287 CITY COUNCIL ACTION TAKEN NOTICE John Rainville 3257 Penn Avenue North Minneapolis, MN 55412 Dear Mr. Rainville: September 24, 1992 On September 21, 1992, the Fridley City Council officially approved your request for a Variance, VAR #92-16, to reduce the front yard setback from 35 feet to 21 feet, and to reduce the side yard setback from 10 feet to 7 feet, as per the site plan submitted ta the City Council on September 21, 1992, to allow the construction of a single family dwelling on Lot 1, Block 1, Rice Creek School Addition, generally located at 6700 Anoka Street N.E., with the followinq stipulations: �1. The petitioner shall complete a geo-technical survey prior to the issuance of a building permit. � The petitioner shall apply for and receive a permit from the Rice Creek Watershed District prior to receiving a building permit from the City. The petitioner shall comply with all conditions of said permit. 3. The petitioner shall install erosion control measures during and after construc�cion as requi�ecl by the Cfty oi t2ie Rice Creek Watershed District. 4. The petitioner shall install rain gutters on the dwelling which shall drain towards the street. 5. The petitioner shall sign an agreement which will hold the City harmless for any damages to the dwelling or the property. 6. All plans shall be approved by a structural engineer and submitted to the City for review by the Engineering, Community Development, and Building Inspectian departments. .�.... .r�.---. �f Rainville VAR #92-16 September 24, 1992 Page 2 You have one ye�r from the date of City Council action to initiate construction. If you cannot begin construction in time, you must submit a letter requesting an extension at least three weeks prior to the expiration date. If you have any questions regarding the above action, please call me at 572-3590. • Si�ere�J.y, �bara Dacy, AICF`-�� Community Development D ector BD/dn cc: Floyd and Joan Foslien Please review the above, sign the statement below and return one copy to the City of Fridley Planning Department by October 8, 1992. � � j/ _ (�C/, � .. Concur with action taken c - ° ° � n FRIDLEY CITY COIINCIL MEETING OF BEPTEMBER 21, 1992 PAG� 9 8. RECEIVE AN ITEM FROM THE MINUTES OF THE APPEAIS COMMISSION MEETING OF AUGUST 18, 1992:_ A. VARIANCE REOUEST, VAR #92-16, BY JOHN RAINVILLE. TO REDUCE THE FRONT YARD SETBACK FROM 35 FEET TO 23 FEET: TO REDUCE THE SIDE YARD SETBACR FROM 10 FEET TO 9 FEET. GENERALLY LOCATED AT 6700 ANOKA STREET N.E.: Ms. Dacy,. Community Development DirectQr, stated that this is a request for variances for reduction of the front yard and side yard setbacks to allow the construction� of a home at 6700 Anolca Street N.E.' She stated that when this item was presented to the Appeals Commission in July and August, the request was to reduce the front yard setback from 35 feet to 13.feet and to reduce the side yard setback from 10 feet to 1 foot. Ms. Dacy stated that the Appeals Commission recommended denial�of the front yard setback and approval of the side yard setback. � Ms. Dacy stated that since the Appeals Commission meeting,..the petitioner has revised the site plan and requested a reduction.in the front y.ard setback from 35 to.23 feet and a rednction in the side yard setback from.l0 feet to 9 feet. She stated that today the petitioner brought in a registered �survey which shows the topographic contours of the lot. Ms. Daay stated that the petitioner is now requesting his variance be amended to reduce the front yard setback from 35 feet to 21 feet and to reduce the side yard setback from 10 feet to�7 feet. Ms. Dacy stated that the setback of the proposed garage on the southeast portion of the lot is 30 feet from the lot line and 20 feet from the curb. She stated that the revised site plan has the benefit of providing enough area in front of the garage to park a car. ° Ms. Dacy stated that staff is recommending that Council consider this particular site plan for approval. She stated that the proposed plan takes advantage of most of the flat area for the north edge of the home. If it is built in an east/west direction, it would be farther down the slope and would require more fill and regrading of the property. She stated that the proposed walkout design of the home would work with the contours of the lot as opposed to having to cr+�sscut on the grade to meet the .35 foot front yard setback. She stated that the petitioner has indicated he would install an� additional two courses of block in order to . match the grade of the slope and minimize the amount of filling and � cutting along the slope. Ms. Dacy stated that this home design is typical of a cul-de-sac as opposed to an east/west alignment which would not be typical to the area. She stated that if the home was �constructed on an east/west alignment the homeowner to the south would•be looking at a 40 foot long home. /'� /"1 .' FRIDLEY CITY COII1�iCIL MSBTING OF SLPTEMBER 21, 1992 PAGE 10 Ms. Dacy stated that when the petitioner originally submitted his plans there was concern regarding the lot and the grade �f this property. She stated that a number of plans have been considered, and the petitioner will comply with the stipulations and have a geo-technical survey completed. She stated that there.is a legitimate alternative to meet the setback requirements, but because of the topography of the lot staff felt granting the variance would be .in the spirit and intent of the Code and minimize the environmental damage to the property. Ms. Dacy requested that the Council consider the amen�led request for a variance from the front yard setback from 35 to 21 feet and for a reduction in the side yard setback from 10 to 7 feet. She stated that staff recommends approval with five stipulations which she outlined. She.stated that the neighboring residents were notified of the earli�r changes, but staff was unable tq notify tY�em of the changes made late this afternoon. Councilman.S�hneider stated that staff had originally reco�qmended denial of these variances. Ms. Dacy stated that the denial was based on the original site plan which has since been revised. She stated that the.recommendation for denial was based both on the variances requested and the angle of the�home on the property. �he stated that the garage was located.such that a car could not be parked in front of it. Councilman Schneider asked if there were other areas in the City on a cul-de-sac where similar variances niay have been granted. Ms. Dacy stated that there were twelve requests for front yard variances on interior lots within the last three years. She stated that one was withdrawn, one was denied, and the. others were. approved. 3 Councilman Schneider stated that he received a phone call from the neighbors at 6680 Anoka Street, Mr. and Mrs. Cyrus, indicating that they were opposed to these variances. Councilman Schneider stated that he was concerned about the severity of the front yard setback, and he asked about the geo-technical survey. Mr. Rainville, the petitioner, stated that the reason this plan has changed was due to the concerns and also that the driveway was too short. He stated that as far as the setbacks, in one sense, he is 30 feet from the garage door to the curb. He stated that there are two homes in the area where the setbacks are approximately 30 feet. Mr. Rainville stated that the site plan is different than what was proposed, and he will obtain a�geo-technicai survey which is a topographical survey. He .stated that soil samples will be taken to determine if he can build on this site. � _. �1 ('� FRIDLEY CITY COIINGII, MEETIN� OF SEPTEMBER 21, 1992 PAt�E 11 Councilman Schneider asked if there would�be a structural engineer reviewing the plans so that they meet accepted engineering principles. Mr. Rainville stated that the design architect will incorporate everything into the plans once the geo-technical report is received. Councilman Schneider felt that a stipulation should be added regarding a certificate from the structural engineer °to indicate the building plans are adequate. Mr. Rainville stated the neighbors are concerned that this lot cannot be built on, but he stated he did not.want�to fall prey to a phrase that is not built on facts. He stated that�it is in his interest, as well as the City's, to have everything go well. Mr. Rainville stated that the variance request has changed in the last several weeks because of the topographical survey. He stated that this revised site plan is the best possible scenario.for the lot. � Councilman Schneider stated that his concerns are that staff has changed their opinion,� and the Appeals Commission recommended denial. He stated that the public and the immediate neighborhood, were notified of this meeting, but the fact still remains that the request has changed from the original proposal. Mr. Rainville stated that the difference in this proposal and the one several weeks ago involves two feet. Councilwoman Jorgenson stated that she walked the property, and from the curb back to approximately 23 feet is where the�slope begins, and it drops down fast. She statedathat directly to the south there seems to be a great deal of soil erosion. She stated that there is not a lot of vegetation there now except for scrub trees. � Mr. Rainville stated that this issue would be.addressed. He stated that since this was graded in the early 1960's, erosion has been taking place. He stated that people may say steps have been taken to do something about it, with the railroad ties and grass clippings, but this has choked out the vegetation. Mr. Rainville stated that he knows this plan is workable with a front yard setback of 21 feet and a side yard setback of 7 feet. Councilwoman Jorgenson asked the City Attorney about the City's liability if a building permit were issued and the home slides into the ravine. Mr. Herrick stated that there are ample cases which state that the City granting a building permit does not insure the quality or � � � FRIDLBY CITY COIINCIL MEETING OF SBPTEMBER 21, 199� PAGE 12 integrity of the structure. He stated that he is not saying the City should not be careful in making sure structures are solidly built, but the City is not guaranteeing or insuring that if the property fails, the City has any responsibility, . Councilwoman Jorgenson stated that after walking the property, it did not appear this lot would provide a good foundation for a home. Mr. Herrick stated that once the soil borings have been taken, the builder and architect will have to convince the Acting Building Inspector t�.at the soil can support a solid foundation for the home befor.e a building permit is granted. He stated that he did not believe the petitioner�would want to build the home if there was a chance it would slide into the creek. Mr. Rainville stated that he can�understand Council's apprehension regarding the soil; as�it was brought to the site. He stated that the geo-technical survey w�ll expose any.deficiencies in the land. Councilman Billings asked what�was contai.ned in the hold harmless agreement. . Ms. Dacy stated that this agreement was the nextra insurance policy" in case the home did slide down the hill, the City would be held harmless. Councilman Billings asked if this hold harmless agreement would be filed with the County, so future owners are aware it exists.. Ms. Dacy stated that it was the intent to file this agreement with the County. � Councilman Billings stated that in addition to the hold harmless agr�ement notifying potential future ownerstthat the City would have no responsibility, the City Attorney has also indicated that the Cit� does not have a responsibility. Councilman Billings stated that front yard variances were granted for two homes on Fillmore where there is a steep slope. He stated that he cannot recall this lengthy of a discussion for these particular.variances. He stated that if there ever was a lot that truly deserves a variance, in accordance with the State statutes, it is this one. Mr. Kevin Cyrus, 6680 Anoka Street, stated that he is concerned with the drainage problems for the rest of the block if this home is constructed. Mr. Flora, Public Works Director, stated that the storm water plan would be reviewed along with the building permit. He stated that the Rice Creek Watershed District will also be making improvements in this area and re-routing the creek channel. He stated that the water runoff will come down.the street. w - �� , n FRIDLFY CITY COUNCIL MEETINt� OF BBPTLMHER 21, 1992 PAGL Z3 Councilman Schneider asked Mr. Cyrus for his comments regardi�g this revised site plan. Mr. Cyrus stated that he believed the setbacks should be the same as for the other homes and should be in compliance with the City Code. He felt that there was not stable, solid ground on this lot, and he objected to the variances requested. Councilman Schneider stated that the plan has changed, but he is not sure what purpose would be served to send it back to the Appeals Commission. He stated that the structure issue is only one that an engineer can solve. � MOTION by Councilman Schneider to grant Variance Request, VAR #92-16, to reduce the front yard setback from 35 feet to 21. feet and to reduce the side yard setback from 10 feet to.7 feet, as per the site plan submitted to the Council this evening and, if there are any changes, this item would come back to the Council. Further, the v�riance is subject to the�following stipulations: (1)�the petitioner shal.l complete a geo-technical survey prior to the issuance of a building perniit; (2j the petitioner shall apply for and receive a permit. from the Rice Creek Watershed District prior to receiving a building permit from the City; and the petitioner shali comply with all�conditions of said.permit; {3� the petitioner shall install erosion control measures during and after construction as required by the City or the Rice Creek Watershed District; (4) the petitioner shall install rain gutters on the dwelling which shall drain towards�the street; (5) the petitioner shall sign an agreement which will hold the City harmless for any damages to the dwelling or the property; and (6) all plans shall be approved by a structural engineer and submitted to the City for review by the Engineering, Community Development, and Building Inspection departments. Seconded by Councilman Billings. Upon a voice vote, Councilman Schneider, Councilman�Billings, Councilman Fitzpatrick and Mayor Nee voted in favor of the motion. Councilwoman Jorgenson voted against the motion. Mayor Nee declared the motion carried by a 4 to 1 vote. 9. N.E.: 0 Ms. Dacy, Community Development Director, ted that Skyline Veterinary Hospital has requested an exte ion of their variance for one year or until October 22, 1993. MOTION by Councilwoman Jorgenson o approve the extension of Variance Request, VAR #91-29, one year or until October 22, 1993. Seconded by Councilma chneider. Upon a voice vote, all voting aye, Mayor Nee decl ed the motion carried unanimously. � /�1 FRIDLEY CITY COIINCIL MEETING OF BLPTEMBLR 21. 1992 PAGS 14 10. RECEIVE THE 1993 BUI�ET FOR THE NORTH METRO CONVENTION D TOURISM BUREAU: MOTION by Councilman Fitzpatrick to receive the 1993 bud t for the North Metro Convention and Tourism Bureau. Sec ded by Councilman Billings. Upon a voice vote, all voting aye, ayor Nee declared the motion carried unanimously. 11. (STH 4?) AND ISSISSIPPI STREET: MOTION by Councilman Fitzpatrick to approve tr ffic control.signal agreement No. 69857 between the City, St te,�and County and authori�e execution of this agreement by the Mayor and City Manager. Seconded by Councilman�Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motio carried unanimously. 12 . RECEIVE BIDS AND � AWARD GONTRACT F R F.T.F.[!TRT[!AT. r�n�RG-rn�r AF MOTION by Council�voman�Jorgenson No. 238: iCillmer Electric 9702 85th Ave. N. Maple Grove, MN 55369 Aid Electric Service 7101 Highway 65 N.E. Fridley, MN 55432 Royal Electric, Inc. 7401 Central Ave. N. . Fridley, MN 55432 Bacon's Electric, Inc. 6525 Central Av . N.E. • Fridley, MN 55 2 Mark J. Trau Wells, Inc. 151 72rid Av . S. St. Cloud, 56301 Arcade E ectric Co., Inc. 608 E. ounty Road D St. Pa 1, MN 55117 receive the bids for Project $ 94,725.00 $114, 621.. 00 $115,000.00 $115,740.00 $119,835.00 $123,777.00 Seco,fided by Councilman Schneider. Upon a voice vote, all voting ay�; Mayor Nee declared the motion carried unanimously. � r . . _� c .. � , �, REQUEST Pertnit Number Applicant I� Proposerf Request Loc�ion SITE DATA I Size Density Preserrt Zoning Preserrt Land Use(s) , Adjacerrt � Zoning IAdjacerrt Land Use(s) Utilities I Park Dedication I Watershed District ANALYSIS Financial l mplications Conformance to the Comprehensive Plan Compatibility with Adjacent Zoning and Uses Environmerrtal Considerations I C . i �l IU I�I�V Y CI�� Staff Appeals Commission Planning Commission Author �/� � STAFF REPOR� Community Development Department Appeals Commission Date August 18, 1992 Planning Commission Date City Council Date September 21, 1992 VAR #92-16 John Rainvilie 'Ib reduoe the fr�nt yard setback from 35 feet to 13 feet; to redu� the sic�e yard. setback frcen 10 feet to 1 foot 6700 Anoka Street N.E. ]2 ,150 square feet 1�1, Single Family Dwelling - vacant I�-1, Single Family Dwel]ing, to the W, S, & E; P, Public, to the N Single family to the W, S, & E; Park to the N Available .- « -- See Staff Report See Staff Report � =� /� � Staff Report VAR #92-16 by John Rainville, 6700 Anoka Street N.E. Page 2 A. STATED HARDSHIP: "Topographical (available land to build home is inadequate)". B. ADMINISTRATIVE STAFF REVIEW: Request The petitioner requests that a variance be granted to: (1) reduce the front yard setback from 35 feet to 13 feet, and (2) reduce the side yard setback from 10 feet to 1 foot to allow construction of a single family dwelling unit on Lot 1, Block 1, Rice Creek School Addition, and that portion of the vacated 67th Avenue lying westerly of the northerly extension of the easterly lot line of said lot, the same being generally located at 6700 Anoka Street N.E. Site The property is currently vacant and is heavily wooded. It has steep slopes of sandy soils which lie at a slope greater than 30�. The property is zoned R-1, Single Family Dwelling. There is additional R-1, Single Family Dwelling, to the south, west, and east. Property to the north is zoned P, Public, and is owned by Anoka County. Analysis Section 205.07.03.D.(1) requires a front yard depth of not less than�35 feet. Public purpose served by this requirement is to allow for off- street parking without encroaching on the public right-of-way and also for aesthetic consideration to reduce the building "line of sight" encroachment into the neighbor's front yard. 8ection 205.07.03.D.(2).(a) requires a side yard setback of 10 feet between any living area and side property lines. Public purpose served by this requirement is to maintain a minimum of 20 feet between living areas in adjacent structures and 15 feet between garages and living areas in. adjacent structures to reduce the possibility of fire. It is also to allow for aesthetically pleasing open areas around residential structures. The property is unique in that it has severe topographic relief. The topography forms a U-shaped valley pointing to the north with the flattest part of the property located along the easterly property line and the steepest slopes located along the westerly property line. 8E � � Staff Report VAR #92-16 by John Rainville, 6700 Anoka Street N.E. Page 3 Staff inet with the Rice Creek Watershed District Engineer, Steve Woods, to review the property and to provide technical assistance as to the appropriate type of construction on the lot. Mr. Woods stated that the sandy soils are lying at an angle of repose which is greater than would occur naturally. The vegetation on the property is responsible for holding the sandy soils at a slope greater than they would naturally occur. The petitioner will be required to take great care in ensuring bank stabilization if the variances are approved and the structure is constructed. Mr. Woods also recommended that a geo-technical survey be completed prior to construction of the dwelling to ensure that the soils and slope can withstand the weight of the proposed structure. The petitioner will be required to apply for and receive a Rice Creek Watershed District permit due to the lot's close proximity to Rice Creek. The Rice Creek Watershed District will require that a geo-technical survey be completed prior to their issuance of a permit for land alteration. The petitioner is proposing to 40 ft. which equals 960 sq. fi a 24 ft. by 24 ft. attached c unit does not meet the minimum as required by code. Some typ in order to construct a dwe However, due to the delicat property, staff would recomme: proposed and recommend that tt house which has a smaller, morE impact the vegetation on the Staff has been advised by the C variances with no alternatives construct a dwelling 24 ft. by . In addition, there will be arage. The proposed dwelling dwelling size of 1,020 sq. ft. : of variance will be required .ling on the subject parcel. a and unique nature of the id denial of the variances as e petitioner work to design a compact footprint which would property to a lesser degree. lty Attorney that denial of the would constitute a takinq and the City would need to compensate the property owner accordingly. However, it is possible that Anoka County Parks could assist the City in acquiring the property, should the variances be denied. The variances as proposed would place the dwelling unit one foot from the easterly property line. There are no structures to the east of the subj ect lot as the adj acent property is public right-of-way for Anoka Street. The reduction in the front yard setback from 35 feet to 13 feet does not provide adequate area to park a vehicle in front of the dwelling unit without encroaching into the paved cul-de-sac. Staff recommends that the variance to reduce the front yard setback be reduced in order to provide adequate area to locate a motor vehicle. As was stated earlier, the petitioner will also need to receive a variance to reduce the minimum size of the dwelling below 1,020 sq. ft. Staff strongly recommends that the petitioner work with an architect to design a house with a smaller footprint which will have less of an impact on the vegetation and the slopes. 8F ' ° � (''� � Staff Report VAR #92-16 by John Rainville, 6700 Anoka Street N.E. Page 4 Recommendation Staff recommends that the Appeals Commission recommend denial of the variance request as presented and recommends that the petitioner work with an architect to design a house with a smaller footprint which will have less impact on the property. However, if the Appeals Commission recommends approval of the variance request, staff recommends the following stipulations: 1. 2. 3. 4. 5. The petitioner shall complete a geo-technical survey prior to the issuance of a building permit. � The petitioner shall apply for and receive a permit from the Rice Creek Watershed District.prior to receiving a building permit from the City. The petitioner sha1T install erosion control measures during and after construction as required by the City or Ric� Creek Watershed District. The petitioner shall install rain gutters on the dwelling which shall drain towards to the street. The petitioner shall sign an agreement which will hold the City harmless for any damages ta the dwelling or the property. If the Commission chooses to recommend denial of the variance as presented with no recommendation to the petitioner to develop a smaller footprint for the dwelling, the City Council will need to evaluate whether the property should be purchased. Appeals Commission Action The Appeals Commission voted u.nanimously to recommend to the City Council the following: 1. 2. Denial of the variance request to reduce the front yard setback fram 35 feet to 13 feet; Approval of the variance request to reduce the side yard setback from 10 feet to 1 foot. Staff Update Following the Appeals Commission meeting, the petitioner revised the site plan. Uisng a somewhat modified house shape from what was originally proposed, the petitioner was able to move both the garage and the house back and reduce the variances required. The new requests are; C•1`' ', .� . • ° � I � Staff Report VAR #92-16 by John Rainville, 6700 Anoka Street N.E. Page 5 1. To reduce the front yard setback from 35 feet to 23 feet. 2. To reduce the side yard setback from 10 feet to 9 feet. The revised site plan also eliminates the need to vacate a portion of the public right-of-way. City Council Recommendation The revised proposal reduces the amount of encroachment and provides adequate area for motor vehicle parking in front of the dwelling unit. Staff recommends that the City Council approve the revised variance request to reduce the front y,ard setback from 35 feet to 23 feet and to reduce the side yard setback from 10 feet to 9 feet with the following stipulations: 1. The petitioner shall complete a geo-technical survey prior to the issuance of a building permit. 2. The petitioner shall apply for and receive a permit from the Rice Creek Watershed District prior to receiving a building permit from the City. The petitioner shall comply with all conditions of said permit. 3. The petitioner shall install erosion control measures during and after construction as required by the City or Rice Creek Watershed District. 4. The petitioner shall install rain gutters on the dwelling which shall drain towards to the street. 5. The petitioner shall sign an agreement which will hold the City harmless for any damages to the dwelling or the property. 8H � ` _� � I'�1 0 DATE: TO: FROM: SUBJECT: Community �Development Department PLANNING DIVISION City of Fridley September 18, 1992 William Burns, City Manager � Q�. � �� ' Barbara Dacy, Community Development Director Michele McPherson, Planning Assistar}t Variance Request, VAR #�2-16, by John Rainville, 6700 Anoka Street N.E. Attached please find the above referenced staff report. The petitioner's original variance request was to reduce the front yard setback from 35 feet to 13 feet and to reduce the side yard setback from 10 feet to 1 foot. On August 18, 1992, the Appeals Commission voted to recommend denial of the front yard variance and approval of the side yard variance to the City Council. Revised Site Plan Following the Appeals Commission meeting, the petitioner revised the proposed site plan to reduce the amount of encroachment and to provide adequate area for motor vehicle parking in front of the proposed dwelling unit. The revised site plan also eliminated the need for the vacation request; the petitioner submitted a letter withdrawing his request. The variance request as now proposed is as follows: 1. To reduce the front yard setback from 35 feet to 23 feet. 2. To reduce the side yard setback from 10 feet to 9 feet. Staff recommends that the City Council approve the revised variance request. While the petitioner can build in compliance with the setbacks, the revised request is more environmentally and aesthetically sound. The proposed dwelling avoids impact to the northeast-facing slope, which would be difficult to revegetate. In addition, the entire house faces the street instead of just a garage as would in the petitioner's alternate plan. The petitioner has reduced the amount of variance requested and proposes an environmentally sound plan. In additivn, the petitioner has provided adequate area for motor vehicle parking in front of the dwelling. The variances requested are within the range previously granted by the City Council for�front yard setbacks (34.5' to 18') 4 � �1 � I Rainville VAR September 18, 1992 Page 2 � at 5720 Polk Street N.E. Denial of all variances would constitute a taking of the property. Staff Recommendation Staff recommends of the following stipulations as conditions of approval: 1. The petitioner shall complete a geo-technical survey prior to the issuance o� a building permit. 2. The petitioner shall apply f4r and receive a permit from the Rice Creek Watershed District priar to receiving a building permit from the City. The petitioner shall comply with all conditions of said permit. � 3. The petitioner shall install erosion control measures during and after construction as required by the City or the Rice Creek Watershed District. 4. The petitioner shall install rain gutters on the dwelling which shall drain towards the street. 5. The petitioner shall sign an agreement which will hold the City harmless for any damages to the dwelling or the property. NIl�! :1 s M-92-581 : ` �, � �,, � � - CITYOF FRiDLEY � FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY. MN SS�132 •(612) 571-345U • FAX (612) 571-1287 September 2, 1992 John Rainville 3257 Penn Avenue North Minneapolis, MN 55412 Dear Mr. Rainville: This letter will outline a schedule of events to occur prior to the construction of a single family dwelling on Lot 1, Block 1, Rice Creek School Addition, the same generally addressed as 6700 Anaka Street. This will also answer the questions you posed during our phone conversation of September 1, 1992. Prior to constructi�on of the dwelling, you shall: 1. Apply for and receive a Rice Creek Watershed District permit. 2. Submit a copy of the permit`to me for City review. 3. Instal.l reguired erosion control devices. 'Fhese should be inspected by the watershed district inspector prior to any work commencing on the lot. 4. Mark those trees which will need to be removed' to provide access for the soil boring equipment. A minimal number of trees should be removed at this stage. 5. The City will inspect the marked trees prior to their remaval. 6. Contact me two days prior to the soil testing about.the date and time of testing. No fill shall be plaeed on the property in order to provide access for the soil boring equipment. 7. Not conduct any other work on the lot un�il the City has thoroughly reviewed the results of the geotechnica�./soil study • and has issued�both a land alteration and a building permit. I hope this clarifies the activities which will be permitted on the site. I have enclosed a land alteration permit and a building permit application. I am working to obtain the appropriate paperwork for the Rice Creek Watershed Distriet. Tf you decide to � John Rainville September 2, 1992 Page 2 n withdraw your variance and vacation• requests, please submit a letter to me stating such. The application fees are non- refundable. � If you have any questions regarding the permit applications, please contact the appropriate staff person, I have included their cards for your information. If you.have any further questions, please contact me at 572-3593. Sincerely, Michele McPherson, BLA Planning Assistant NIl�!/dn C-92-267 : sc . y*r2, � � I � CITY OF FRIDLEY APPEALS COMMISSION MEETING,-AIIGIIST 18, 1992 CALL TO ORDER: • • Acting Chairperson Vos called the August 18, 1392, Appeals Commission meeting to order at 7:34�p.m.� ROLL CALL: Members Present: Ken Vos, Cathy Smith, Caro3 Beaulieu Members Absent: Diane Savage,�Larry Kuechle Others Present: Michele McPherson, Planning Assistant C1yde Wiley, Acting Chief Building Official � Barb Dacy, Community.Development Director Roger Luebeck, 7528 Able St. NE, Fridley. . Don Luebeck, 8960�178th Circle NW, Ramsey . Elsie Luebeck, 752� Able St. NE, Fridley ' � Joan & John Rainville, 3257 Penn Ave. N. , Mpls. Connie & Kevin.Cyrusy 6680 Anoka St.,. Fridley. Lillian & W. R..Rade]., 6655 Anoka St., Fridley. Ruth Cline, 6679 Arthur St. NE,. Fridley Ke11ie Vagovich, 6670 1�noka St: NE,.Fridley Jan Vogt, 1575 75th Ave. NE, Fridley . Ron Youngdahl, 6660 Anoka Street, Fridley APPROVAL OF JULY 21 1992 APPEALS COMMISSION MINUTES: MOTION by Ms. Smith, seconded by Ms.� Beaulieu, to approve the July 21, 1992, Appeals Commission minutes as written. �. IIPON A VOICE VOTE, ALL VOTING AYE, ACTING�CHAIRPERSON VOB DECLARED THE MOTION CARRIED IINANIMOIISLY.� 1. TABLED: CONSIDERATION OF VARIANCE REOUEST, VAR #92-16, BY JOHN RAINVILLE• � . � Per Section 205.07.03.D.(i) of the Fridley City Code, to reduce the front yard setback from 35 feet to 13 feet�; Per Section 205.07.03.D.(2).(a) of the Fridley City Code, to reduce the side yard setback from 10 feet to 1 foot; � To allow the coristruction of a single family dwelling on Lot 1, Block 1, Rice Creek School Addition, and that portion of the vacated 67th Avenue lying easterl� of the northerly extension of the �aest lot line of Lot 1, Block 1, Rice Creek �•� ► � � f 1 APPEALS COMMISSION MEETING. AIIGIIST 18, 1992 PAGE 2 School. Addition, the same being 6700 Anoka�Street N.E., Fridley, Minnesota, 55432. OM TION by Ms. Smith, seconded by Ms. Beaulieu, to removed from the item from the table�and open the public hearing. � QPON A VOICE VOTE� ALL VOTING AY�� ACTIIJG CHAIRPERSON VOS DECLARED T8E MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 7s36 P.M. Ms. McPherson stated the property is located at the end of Anoka Street on the west side. The property is zoned R-1, Single Family Dwelling. In addition to the variance request, the,petitioner has a vacation request which was heard by Planning Commission for the northeast corner of the property. The Planning Commission recommended approval of the vacation�request pending approval of the variance request.� Ms. McPherson stated the petitioner is proposing to construct a single family dwelling on tl�e�subject parcel. The dwelling'unit is 24 feet x 40 feet with a 24 foot x 24 foot attached garage. This variance request was tabled by the Appeals Commission at their meeting of July 21, 1992, pending further research by staff on several issues. The issues included the possibil.ity of a City taking should the variance be denied and.concern by staff regarding the topflgraphy and soil type.. � Ms. McPherson stated the property �is unique in that it has severe topographical relief. Staff consulted with the Rfce Creek Watershed.District Chief Engineer, Steven Woods, who visited the site and' recommended several stipulations for condition of approval. Mr. Woods indicated that the sandy soils which_make up the.property are lying at an angle of repose which is greater than that which would natura7ly occur, typically at a 45 degree angle, which is greate� than the normal 30 degrees. Mr. Woods advised that the vegetation on the property is holding the soil in a stable condition and�great care will be needed in construction. He also recommended that the petitioner conduct a geo-technical survey to see if the soil would support the weight of the structure. This would be a condition of a Riee Creek Watershed District permit. Ms. I!�cPherson stated the getitioner is propbsing to construct a 24 foot x 40 foot single family dwelling with an attached two-car garage. As proposed, the dwelling unit does not meet the minimum size of 1,020 square feet as defined by code; however, due to the unique nature of the sitet if a structure is to be built, a variance will be required. �The City Attorney has advised that complete denial of the variance request for this parcel would be considered a taking and the City would need to compensate the property owner. The Anoka County Parks Department may be interested in acquiring the property should this happen. : • �� n APPEALS COMMISSION MEETING, AIIGIIST 18, 1992 PAGE 3 Ms. McPherson stated the variance would place the proposed dwelling unit one foot from the side property on the northeast corner and 13 feet from the public riqht-of-way closest to the street. As proposed, the petitioner only has 13.5 feet from the edge of the curb to the.garage. The petitioner will need to move the garage back to allow parking of cars. � This property is unique .in that the public street is constructed within the•property. The City has a use easement for the area that the street occupies. The right-of- way was not dedicated outright when the lot was created. Ms. McPherson stated that while the variance on the side yard does not adversely impact adjacent property owners, the extreme requ�st for variances has staff concerned that the si�e�of the. dwelling would adversely impact the property itself. - Ms. McPherson stated that staff recommends that the Appeals Commission recommend denial�of the variance request as proposed.and recommend-that the petitioner work with an architect to design a house with a smaller footprint. Staff will advise the Comtnission that complete denial of the variance request would constitute a taking and the City Council would need to evaluate whether the prQperty should be purchased. �f the Commission recommends approval, staff reconimends the following stipulations: 1. The petitioner sha11 camplete�a geo-technical survey prior to the issuance of a building permit. � � 2. The petitioner shall apply for�and receive a permit from the Rice Creek Watershed District prior to receiving a building permit from the City. � 3. The petitioner shall install erosion control measures dur.ing and after construction-as required by tYie City or.Rice Creek Watershed District. 4. The petitioner shal]. install rain gutters on the �d�elling which shall drain towards the street. 5. The petitioner shall sign an agreemen� which will hold the City harmless for any damages to the dwelling or the property. Ms. McPherson stated that at the last meeting the neighborhood requested an aerial photo showing the relationship�of the proposed dwelling to tYie surrounding adjacent properties. Ms. McPherson shawed the location of the proposed site and the location of the proposed variances on the aerial�photo. Dr. Vos asked how far back the garage would need to be moved iri order to park one car in the driveway. ' 1,r �• �'�VM:: 1 � APPEALB COMMIBSION MEETING. AIIGII3T 18. 1992 PAGE 4 Ms. McPherson suggested that_ a minimum of 20 feet be maintained between the garage and the curb. There is now 13.5 feet. The garage would need to be moved back approximately 6.5 feet. �ls._ McPherson stated that more erosion has�taken place since the aerial photo was taken. At this time, the point of erosi:on would start roughly.where the center of the roof line for the proposed dwelling would occur. Ms. Smith asked if the.garacje could be constructed if placed back 7�more feet. � Ms. McPherson stated there are ways of doing this but it may increase construction costs.. The petitioher may decide that the construction costs outweigh the benefits. NIs.• Beaulieu asked what percent of the lot would the.proposed structure cover. � . Ms..McPherson stated the lot is quite large, measuring 90 feet by approximately 130 feet or rouglily 12,000 square feet; �and the proposed structure is well within the 25% lot coverage. Mr. Rainville stated the ini,tial drawings submitted show a 24-foot wide garage. After hearing the concerns raised by staff and.the neighbors, he revisited the site.. He stated it is feasible to move the garage back 7 feet. This would require fill�. Along with that, he would be concerned with erosion.. Mr. Rainville stated that �in the sta'ff report, the analysis for the frc�nt y�ard depth� of 35 feet ,is for the purpose of off-street parking. He will move.the garage back. Regarding the analysi�s for line of sight and encroachment, the angle is not in any view of east side view of any'property and conforms with the lines of the cu,l-de-sac. On the aerial view, there are three Colorado Blue Spruce trees that are tall and extend to the curb and•ar� a natural barrier. He plans to retain those trees, �The line of sight does not lend itself to view any from the living room window o� the house to the south. He did not know how one.could come up with a more pleasant house. Mr. Rainville stated the side yard is in code with the property to the south. On the north and northeast, the structure. will nat encroach due to the park reserve, and th�rein lies the drawing�as it is today. Regarding the Rice Creek Watershed report, he is concerned about the soil and agrees with Mr. Woods' report. He bel ieves . the � sand was brought in and not exposed due to eros ion but perhaps to shore up the cul-de-sac. Regardless, when the dwelling is constructed, erosion would need to be taken care of, and that would be done. Mr. Woods' report states the petitioner is required to take care of soil stabili:zation. He understands that, and care will be taken. That a geo-technical survey be taken : �� APPEALS COMMIS3ION MEETING, AIIGIIST 18. 1992 PAGE 5 is sound but he is in conflict of what should come first. Should the survey be completed and the architect's drawing be done before the variance is approved? He did not think that .to. be the most feasible vehicle. If after the.variances are approved, based on the format where.staff and he can come together and can come to an understanding, then he can do those things. He gets the feeling he should have the blueprint and survey done before knowing where he can begin. Mr. Rainville stated the dwelling does.not meet the minimum size requirements. He is developing a house that is 24 feet x 40 feet. He would finish the first floor which is 960 square feet. If he would finish the lower level, there would be another 192 square feet and it would tfien meet Code requirements. Between the garage and the house, there is a triangular area which can also� be included as living space and would make up 60 square feet of additional living space. � • Mr. Rainville referred to the architect and geo-technical survey and stated it is easier and there are fewer mistakes if he can say these are the parameters �and he can then make decisions. He will do everything possible to retain and maintain the environYnent and ecosystem. He �niould like the Commission to discuss this.issue, and he is also willing to come up with afi alternative plan.. He would consider narrowing the garage from 24 feet to 2fl feet which could pull the house to the south by four feet. If the garage is moved back, perhaps he could move the house even further south. To get a smaller footprint would mean a two-story home with one story below grade to be aesthetically pleasirig with the housing in that area. He agrees with the stipulations as recommended by staff. Dr. Vos stated the petitioner mentioned the geo-technical survey tied to the variance. This is not tied to the variance but really tied_ to the building permit. This is not a stipulation to the variance. Mr�. Rainville stated he�could identify with that vehicle. Ms. Smith asked that if the Commission were to approve the variance, what is ,tlie petitioner's plan for landscaping in the back? Mr. Rainville stated in the back would be erosion control. The front yard would•be decorated with .landscaping. The back yard would be left intact, bringing in native plants and leaving the banks. When he works with the erosion problems, it will not be with railroad ties or treated timbers. He would use cedar, redwood or masonry. It is a gorge and he has no intention of filling it. He has�a dog so he would anticipate putting in a fence. As far as moving the house back, he does not want to encroach on some mature oaks and ironwoods. He could move back further but he feels it would dn more damage. The trees at the top are box elders and �]�1 �;:�. ` � � � �1 APPEALS COMMISSION MEETING, AIIGOST 18, 1992 PAGE 6 Chinese elms. He stated he works for tha City of Minneapolis Parks Department so he is very familiar with natural habitat: Ms. Beaulieu asked that if the Commissi�n does not grant the variances, wauld the petitioner come up with another plan with a smaller footprint? � � Mr. Rainville stated this is a size structure he is comfartable with and�can discuss. It is a stepping stone. It is as big a house as he wants; however, he would consider going smaller. Anyone who purchases this lot will have the intention to build, and it is just a matter of coming up with a feasible plan. l�r. Ron Youngdahl,�6&60 Anoka Street, stated he lives three ho�ses down from�the proposed property. His 1ot is the last natural lot on that side of the street. How much soil correction will the Commission allow? When the street urent through, the fill went into the,petitioner's lot. �The lot is not:natural ground on the west� endt The oak trees there have over l5 feet of fill covering them. Dr. Vos asked Mr. Youngdahl if he thought Lot 1 is buildable. M:�: Youngdahl stated it is not. There is no way one can build on that lot without soil corrections. There will need to be a good retaining wall. That is the onlx way to make�a qoad area. Dr. Vos stated this would iie an expense of the petitioner. Mr. Youngdahl stated the request should be legal in al�. ways, including being off the property line according to�the Code and including soil correction. He.is opposed to the.request because the house is not in a straight line with the others, the soil needs correction, and there needs to be a retaini.ng wall. � Ms. Beauli.eu asked Mr. Youngdahl if he•is opposed to the proposed structure or to any structure. Mr. Youngdahl stated he is no�t against it as long as the petitioner can build it right. It will be very expensive for the builder. Dr. Vos asked Mr. Youngdahl if the position of the house is a major concern. . Mr. Youngdahl stated the house should be in line with the others. Z'he rest of the homes are built according to Coele. Dr. Vos stated that according to the aerial photo, it looks as though Lot 2 is built farther back than Mr. Youngdahl's property. He asked Ms. McPherson if the houses are not all at the 35-foot setback. . � � n APPEALS COMMISSION MEETING, AIIGIIST 18, 1992 PAGE 7 Ms. McPherson stated it is difficult to tell from the photo. According to scale, it .appears that Lot 2 is at 35 feet and Lots 3 and 4.are roughly in the neighborhood of 25 feet to 30 feet, so they are slightly closer than allowed by Code. She�did not review the files to see if there is a variance for these properties. Ms..Kellie Vagovich stated she believed, as�does the neighb.orhood, that this lot is not a builclable lot. If the petitioner runs into problems and the hill gives in, does the petitioner h�ve the money to fit it? Is there a bond so that the person can fix any problems? � � Dr. Vos stated one stipulation is that the petitioner would sign an agreement to hold the City harmless.for any .damage to the property. • Ms. Vagovich asked if the builder has insurance that any corrections will be made should.something go wronq? Dr. Vos stated the Commission cannot tell the petitioner how to arrange financing. �The Rice Creek Watershed District is�involved because of the location.af the lot next.to Rice Creek. Ms. McPherson stated the Rice Greek Watershed District does require a•cash surety which covers what Ms. Vagovich is talking about. She did� not knaw what the cost for this w�ould be. To her knowledge, the City has never�required posting a bond for a single family dwelling. This is required of commercial and industrial construction, but she did not know if this has ever been required for res3.d�ntial. . Ms. Ruth Cline; 6679 Arthur Street,�stated�she has lived behi�d the subject parcel since 1974. She has seen the property line on Lot 2 erode and has also watched the erosion on the lot next door. At that house, �the erosion caused damage to the garage where the garage�actually slid down the bank. She cannot see a house on this lot with the erosion that takes place in that area. Dr. Vos asked if Ms: Cline believes the�lot is buildable. Ms. Cline stated she has discussed this with her husband. .They have watched the erosion on Lot 2 and do not think Lot 1 is buildable. � Mr. W. R. Radel stated.he did not agree that building should take place on that lot. There is no solid ground to build on. There would be no front yard and no back yard. He believed the property should be condemned. This is all sand, it keeps eroding, and there is no.way to keep it from eroding. C�1J � O � n. APPEALS COMMISSION MEETING, AIIGIIST 18, 1992 � PAGE 8 Dr. Vos stated that if the Commission denies the variance, it is possible that this lot is then considered taken because it is deemed unbuildable. . Ms. McPh�erson stated the request must go through the City Council. If the Appeals Commission and the City Council deny any or all variance requests, it would . con'stitute� a taking and the City is required to compensate the property owner. The property owner could sue for settlement. Payment would come out of the taxes�. Mr. Radel stated he has seen the property. There is a deep hole there.. It is all sand and it keeps eroding. Ms. Beaulieu asked.the tax.assessed value of the property. Ms. McPherson �stated the assessed value is approximately $17,000. Ms. Smith stated the Commiss:ion's concern is dealing with the variance requests from the�lot lines. Mr. Radel stated the lot is not fit to build on. The erosion will create more problems later on.. Ms. Beaulieu asked that when the petitioner gets a building permit, is that when the engineers decide�whether the lot is buildable? Ms. McPherson stated the petitioner must have a geo-technical survey completed prior to application for a permit. . � Ms. Vagovi�h stated.the property would have no front yard and no back yard because tlie back is a hole. The house would consume all available space. There would be no yard. Ms. McPherson stated the Code does not require any flat usable space. It only says that 250 of the 3ot can be covered with buildings.. This request� wbuld cover 12.50 of the lot with a structure which is within the code requirements. Ms. McPherson stated the reason for the variance is to u�se the flat space. Without a�variance, the house would end up where the valley is and the petitioner would need to.construct a different type of dwe�, l ing . . Mr. Kevin Cyrus�stated he lives on Lot 2.� He would like to see the building placed 35�feet back like everyone else.. Dr. Vos asked Mr. Cyrus his opinion of the buildability of the lot. Mr. Cyrus s.tated there will be future major headaches if a home is built on the lot. 8V � 0 ( ' fi1 APPEALS COMMISSION�MEETING, AIIGOST 18, 1992 PAGE 9 Dr. Vos ask<ed Mr. Cyrus if he had any problems with erosion on his lot.� • Mr. Cyrus stated the drainage for the block comes down to his back corner which•is eroding faster than the frant. He has installed railroad ties to try to slc�w the erosion. He also has shrubs and t�ees to slot� the erosion. Ms. Beaulieu stated why staff is recommending that the Commission deny the variance and recommend that the petitioner go back to the architect to ge�t a smaller footprint b.ecause of the highly erodible soil. Ms. McPherson stated Mr. Woods has indicated that tHe reason the soil is.this way is because of the vegetation. Staff feels that a house with a smaller footprint would remove.less vegetation and, therefore, the soil would remain more stable. MOTION by Ms..Beaul.ieu, seconded by M�s. Smith, to close the public hearing. � � - � t1PON A VOICE VOTE, ALL VOTING AYE, ACTI1dG CHAIRPERSON VOS DECLARED THE MOTION�CARRIED AND THE PIIBLIC HEARING CL08ED AT 8:30 P.M. Ms. Smith stated that with the question of the soi.ls aside because that is not the issue the Commission is dealing•with, she did not have.a problem with allowing the l foot setback because there is nothing that will go along that lot line, and it would be in the spirit of the Code to do that. She has a problem with allowing the front .yard setback because this will interfere with the house to the sauth. She would be more comfortable if it were set back.� She would recommend denial of the variance for 13 fee�. Ms. Beaulieu stated �he Commission's concern. is not with the concern of the neighbors: She believed the geo-technical survey �protects the neighbors. Staff has recommended that the petitioner go back to the architect and get a smaller footprint, and the petitioner is willing to do so. She would recommend that he try to get an.architect to design a dwelling with a smaller footpr'int. Dr. Vos stated he believed the variance request from 35 feet to 13 feet is not necessary so he would not support it. The variance for 10 feet to 1 foot does not have the same impact because that is a right-of-way. He would like .to suggest approval of the.�one� varianee and denial of the other. . Ms. Smith agreed. MOTION by Ms. 5mith, seconded by Ms. Beaulieu, to recommend denial of variance request, VAR #91-16, by Johri Rainville, tQ reduce the front yard setback from 35 feet to 13 feet. �'� • • • p � �1 APPEALS COMMISSION MEETING. AIIGUST 18, 1992 PAGE 10 IIPON A VOICE VOTE� ALL VOTING AYE� ACTING CHAIRPERSON V03 DECLARED T8E MOTION CARRIED IINANIMOIISLY. . MOTION by Ms. Smith, seconded by Ms. Beaulieu, to, recommend approval •of variance request, VAR #91-1�6, by John Rai:nville, , to reduce the side yard setback fram 10 feet to 1 foot with the following stipulations: � . 1. 2. 3. 4. 5. The petitioner shall cbmplete a geo-technical survey prior to the issuance of a building permit. The petitioner shall apply for and receive a permit from the Rice Creek Wate�shed District prior to receiving a building permit from the City. - � The petitioner shall install erosion control measures during and after�constructiort as required by the City or Rice Creek Watershed District. The'petitioner shall install rain gutters on the dwelling which shall drain towards the street. The petitioner shall sign an agreement which will hold the City harmless for any damages to the dwellin� or the property. � IIPON A VOTCE VOTE, ALL VOTING AYE, ACTING CHAIRPERSON VOB.DECLARED THE MOTION CARRIED IINANIMOIISLY. Ms. McPher.son stat�d there are currently two items pending for this particular subject lot--the variance request and the vacation request. For the vacation request, the City Council will be establishing a public hearing on September 8 for their meeting on September 21. A�ter the public hearing, the Council will make a decision on both requests. Ms. McPherson will notify the neighbors � when the public hearing will be held. � 2. 0 LUEBECK• Per 3ection 205.04.03.B to up rade a nonconforming structure which has been declared unsafe by the City when the necessary repairs constitute more than f fty percent (500) of the fair market value of such structure, � Per Section 205.07.04.B.(1) to low habitation of a.single family dwelling less than 1,020 s are feet, on the South 115 feet of the East 74.5 feet of the West 149.5 feet of Lot 11, Block 2; Spring Lake Park Lakeside MOTION by Ms. Smith, seconded by Ms. hearing: 8� ieu, to open the public � �� Rice Cre�el� 3585 LEXINGTON AVENUE NORTH, SUITE 374 ARDEN HILLS, MINNESOTA 55126-8016 TELEPHONE (612) 483-0634 _ M_y_ _; 1_ M; _,__� y�i I 4 M_ ._ TO: ��EI�E DATE: 8/ t /�Z Gl'Ct, p� F��l�j/ SUBJECT: La�I" i g�ock.1 � R�c� CA�E� Sct�c�G A�Tto�J Board of Managers Regular Meetings: 2nd and 4th Wednesdays 3rd Thursday at Shoreview Ciry Hall BONITA TORPE, Admin. Ass't,. Items: -- ��►�►sr a� �1�I4z ��. Tn � �� tr�p. These are submitted: For review and comment For your information /1 Aa you requeated For your approval R,mooarks; l,� '��c.r��.cc�r( wo�� f��E. �. �l".u.�D f�u�'f Dv� ro c�t� �Pi�vci,u't't'y. LcsC Do�S MT APPbaR..To gE '[t�SkTE�6�i �Y3�� -� ��d�S Tu►�tC �aND tS oR�AO.u��/ �bJ� '�OD Et.e�fkTia.� .'�wD w�t,i 1,t�cttc,� Rs�£ t� �5�C 6RosiaJ ca.t�aLMF�s suc.6+ hS [arsir.� G.sr(�e� A�u- Tn S'Ii��T_ '(�i£ �F'S�T'wnl , e�Fc . R.�-�f q�A u1 i<< be '�o�,q � c�.tr�. '{a �,�a, canopy� and. a cJor�c+-6ci� s1o�2. C�{ecG� l�ePar�1- I�g'd -io s�nl Sincerely, S�o�e .,i►�l se�aln �t�le. ��v' �. '�s �� .� ek� led lea ka+ JAMES bI. MONTGOMEftY, �c.�paa�Y e�n� c,�o � w�11 be. do�2. once a=� ''� �p1�n �.- CONSULTING ENGINEEftS, INC. ��,�� ,,�.({,�� } g ��,�(� , -T�� y- � (,,�,� Engineera for the District i,��G�'�'�/ 4`fjQk�. Steven C. oods, P.E. cc:�,�{, �j,�;� District Engiueer v►1' BOARD OF MANAGERS A. J. CARDINAL, SR. G.A. SANDE ROGER L. OBERG H. G. LANCASTER nNOKn couNlv wuHSer couNrr wr�s couw�rr wuHSer couNrr JAMES M. MONTGOMERY ConwWng E 224 • FRANK J. MURRAY Attomey 222-5549 WADE SAVAGE nNO� couNTr � � � Community Deveiopment Department � G DIVISION � � City of Fridley DATE: July 24, 1992 TO: Gregg Herrick, Assistant City Attorney FROM: �chele McPherson, Planning Assistant BIIBJECTs Varianae Request, VAR #9.2-16, by John Rainville, 6700 Anoka Street We have received the attached variance request to reduce the front yard setback from 35 feet to 13 feet and to reduce the side yard setback from 10 feet to 1 foot to allow construction of a single family dwelling on the subject parcel. There are extreme topo- graphic constraints, hence the petitioner's variance request. However, the petitioner has adequate lot area and width and could construct a dwelling meeting the setback requirements. The petitioner has stated that meeting the setbacks would increase the cost of construction. Please determine what the City's legal position would be if staff and the Appeals Commission were to recommend denial of the variance request. Would denial of the request constitute a taking? MM:1s M-92-480 � � � ". _ CITYOF FRIDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 •(612) 571-3450 • FAX (612) 571-1287 July 24, 1992 RE: Variance Request, VAR #92-16, for John Rainville, 6700 Anoka Street Dear Property Owner: You may have attended the July 21, 1992, Appeals Commission meeting at which the Commission reviewed variance request, VAR #92-16. The Commission tabled action on the request until the next regularly scheduled meeting. We have determined that we will not have a quorum for the August 4, 1992, Appeals Commission meeting; therefore, the variance request will be scheduled for the August 18, 1992, meeting. The meeting will begin at 7:30 p.m. in the Fridley Municipal Center Council Chambers. If you have any questions regarding the request, please contact me at 572-3593. Sincerely, Michele McPherson Planning Assistant NIlK:ls C-92-207 � � '��, ¢� :-'°�' i'� >�� ,�,�� CITYOF FRIDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 •(612) 571-3450 • FAX (612) 571-1287 July 24, 1992 Steve Woods JM Montgomery 545 Indian Mound Wayzata, MN 55391 Dear Steve: We have received the attached variance request to construct a single family dwelling on Lot �1, Block 1, Rice Creek School Addition, Fridley, Minnesota. The subject parcel is located at the end of Anoka Street and adj acent to the Anoka County Locke Park complex. I would like to arrange a site visit with you in order to review the variance request and for you to provide advice to staff on the following issues: 1. Buildability of the subject parcel 2. Appropriate erosion control and/or filling procedures 3. Review of any Rice Creek Watershed District policies which may apply to the subject parcel It is my understanding that the petitioner may be required to apply for a Rice Creek Watershed District permit. Please correct me if this is not the case. Please contact me at your earliest convenience to arrange a si.te visit. You may contact me at 572-3593. . Sincerely, Michele McPherson Planning Assistant MM:ls C-92-208 e. . r � CITY OF FRID7,EY � APPEALB COMMI88ION MEETIN(�� JIILY 21� 1992 MMMAN.YM�YMMNMMMMMNM�YMNMMM�MMw�YMMNMMMN�YA�,Yw CALL TO ORDER: Vice-Chairperson Kuechle called the July 21, 1992, Appeals Commission meeting to order at 7:30 p.m. ROLL CALL: Members Present: Members Absent: Larry Ruechle, Ren Vos, Cathy Smith Diane Savage, Carol Beaulieu Other� Present: Mi�hele McPherson, Planning Assistant John Rainville, 3257 Penn Ave. N., Mpls. Randall Neakar, Real Estate See attached list APPROVAL OF JUNE 2 1992 APPEALS COMMISSION MINUTES: MOTION by Dr. Vos, seconded by Ms. Smith, to approve the June 2, 1992, Appeals Commission minutes as written. Q�N A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RIIECHLE DECLARED THE MOTION CARRIED IINANIMOUSLY. CONSIDERATION OF VARIANCE REOIIEST. VAR #92-16, BY JOHN RAIIWILLE: Per Section 205.07.03.D.(1) of the Fridley City Code, to reduce the front yard setback from 35 feet to 13 fe�t; Per Section 205.07.03.D.(2).(a) of the Fridley City Code, to reduce the side yard setback from 10 feet to 1 foot; To allow the construction of a single family dwelling on Lot 1, Block 1, Rice Creek School Addition, and that portion of the vacated 67th Avenue lying easterly of the northerly extension of the west lot line of Lot 1, Block 1, Rice Creek School Addition, the same being 6700 Anoka Street N.E., Fridley, Minnesota, 55432. OM TION by Dr. Vos, seconded by Ms. Smith, to open the public hearing. IIPON A VOICE VOTE� ALL VOTING AYE, VICE-CHAIRPERSON RtTECHLE DECLARED THE MOTION CARRIED IINANIMOIISLY AND THE PIIBLIC HEARIN(3 OPE1J AT 7:32 P.M. �X � / 1 n APPEALS COI�lISSION MEETI1dG� JOLY 21, 1992 PAGE 2 Ms. McPherson stated that typically at Appeals Commission meetings, staff has prepared a staff report in which they outline various issues and staff analysis of how those issues are affected by the variance request and how adjacent properties may be affected by the request. However, with this variance request, since the lot is very unusual and unique and is somewhat of an atypical request, staff is going to deviate from the standard operating procedure and will not make the typical staff report. Staff will review generally the location of the, subject parcel, the petitioner�s proposal and request, show a video of the site, and take testimony from the neighbors and the petitioner. Ms. McPherson stated staff has =ecommended that the Commission table the variance request until the first meeting in August so that staff has additional time to review any new issues as well as the issues staff feels should be addressed prior to staff making a recommendation to the Commission and the Commission making a recommendation to the City Council. Ms. McPherson stated the property is located at the end of Anoka Street along the west side of the street. The property is zoned R-1, Single Family Dwelling, and is adjacent to the public park property adjacent to Rice Creek. The request is for two variances: (1) to reduce the front yard setback from the public right-of-way from 35 feet to 13 feet; and (2) to reduce the side yard setback on the living side of the house from 10 feet to 1 foot. In addition, there is a portion of public right-of-way which has been dedicated and which the petitioner has requested the City to vacate. The City would give up its right to this portion of the public right-of-way if the vacation request is approved. That reqciest will be reviewec� by the Planning Commission on August 12. Ms. McPherson stated the petitioner is prop`osing to construct a single family dwelling unit with an attached two-car garage on the most.easterly portion of the subject property. Ms. McPherson stated staff has generated a list of issues they need additional time to research, including the possibility that if the City was to deny the variance, whether it would constitute a taking and would the City have to compensate the property owner for not being able to use. the property. In addition, there are issues regarding what type of erosion control measures should be used if the variances are granted and the dwelling is constructed, the stabilizing of the creek banks, and relocation of an existing fire hydrant and utility pole. Staff would also like additional time to have the Rice Creek Watershed District, which has to approve the project,• review the project prior to the Comntission making a recommendation to the City Council. Ms. McPherson showed a video tape of the site. 8Y _� � � APPEALS CO1�II+iI88ION MEETING. JIILY 21. 1992 PAGE 3 Mr. John Rainville stated he designed a 24 ft. by 24 ft. as a maximum size for the garage. The garage size could be reduced somewhat. The house is 24 ft. by 40 ft. The garage has the proper setbacks from the adjacent neighbor to the south at 5 feet, so the difference is the topography of the land. As he has stepped it off, his footings would be approximately 10-13 feet setback with a 24 ft. deep house. If he builds a rambler style house, he will not need as much fill so the erosion control would be easier to solve. Mr. Rainville stated the easement he is requesting is on the northeasterly• side of the lot. There 3s a"pie" that was not included in the lot to make a rectangular lot. He would be encroaching into that triang].e as the house is designed right now. The current pathway to the creek is in the �'pie" area, so the land directly to the east•and all the land to the north is public land. There is property between the property 1 ine that runs north and south and the property line that runs north and south to the neighbor across the street. There is park land that will allow access into the reserve. Mr. Rainville stated the house as designed will work on this lot, and he would shrink it down if at- all possible. As far as the garage, a 20 ft. wide garage would be acceptable. The biggest problem he sees is the front yard setback. There are two ways to measure that setback--off the diameter or from the property line. It is 13 feet off the diameter. Mr. Rainville stated there is 13.6 feet of driveway to the street. The fire hydrant is beyond the garage door so it would be nice if it could be moved. He did not believe it would be a detriment if it stayed. He believed the light pole could be moved. � Mr. Rainville stated that as he sees the bank which the children use to access the creek now, it is all sand and seems pretty stable. There is the propensity for erosion, but everything will be taken into consideration to control erosion. It is not in his best interest to have the land erode onto his land or into the creel�. He would be doing most of the work and would be contracting out some of the work. Mr. Rainville stated he is a Minneapolis Park Board park empYoyee. He works outside and in Minneapolis � watershed areas; he works with the parks and lakes so he understands erosion control. He feels that because there is sand in this area, it is a buildable soil. He believed everything is workable or he would not pursue this request. . .. Dr. Vos asked the reason for the variance. Mr. Rainville stated that he needs the variance because of the existing lay of the land. � :� � � APPEALS COMMI88ION MEETI1JGr. JIILY 21. 1992 PAGE 4 Dr. Vos asked if 13.6 feet is adequate in front of the garage. Ms. McPherson stated there are standards in the Code that says if there is a detached accessory structure that meets certain criter3a, the minimum setback is 25 feet. Mr. Kuechle stated that if the petitioner moved the house 35 feet, how far up would the house be? . Mr. Rainville stated the topography drops off at about 25 feet. If he set the house back 35 feet, it would drop so far it,might be in the 100 year flood plain. Then, the cost factor becomes very relevant. It would not be cost-effective to build the house at the 35 foot front yard setback. - ' Mr. Kevin Cyrus, 6680 Anoka Street, stated he owns the adjoining property on the south side. Originally when the City and the developer correlated to build this cul-de-sac, obviously the City was in ag=eement with the builder that this lot was unbuildable. Mr. Cyrus stated that when a petitioner is asking for a variance, he/she is asking for a virtue or asset to the area. In his opinion, this appears to be more of an infringement. A house in this location will disrupt the whole symmetry of the block. It will stick out like a sore thumb. When they purchased their property three years ago, they took into consideration the wooded area and wildlife and access to the park. When it comes time to sell their home, this home will be a hindrance. He would like Mr. Rainville to think of the point of view of the other residents on this block. . Dr. Vos asked how the placement of the propdsed house on the lot would affect Mr. Cyrus. � Mr. Cyrus stated that when he looks north out of his living room window, he will see more of the house than he would if it was moved back to the 35 foot setback. Mr. Jim Radil, 6655 Anoka Street, stated this lot is not fit to be built on, and 13 . 6 feet is too short for ��a driveway. It is not adequate to park a car. He did not see any reason to allow this variance; the petitioner should comply with the,Code. Mrs. Patrick Ruta, 6689 Anoka Street, stated they li,ve directly across the street. She asked who pays the cost if the hydrant and light pole are moved and where would these utilities be relocated? Dr. Vos stated he believed that when a utility is moved, it is usually the property owner who pays for it. ; . . � � � APPEAI,B CO1rIlKI88ION MEETINt3� JIILY 21. 1992 PA�3E 5 Ms. McPherson stated the Engineering Department, as well as the Fire Department, would have to review any new locations for the fire hydrant. At that time, staff would need to determine if there are any other utility easements located in the area and locate those utilities within an easement area. The Engineering Department would work with the petitioner in relocating the utilities. Dr. Vos stated he can understand the neighbors' concerns about the house being at an angle on the lot, but that is how houses are situated around a cul-de-sac. There are unique problems with this lot because of the severe drop-off because of the creek. But, on other cul-de-sacs in the City, the neiqhbors all have to look at each others' houses out the front windows. Of course, most of the houses are set back 35 feet. Mr. Randy ATeakar stated he is a real estate broker involved with the property. He went out in April and measured the lot with the owner. Obviously, when they start moving hydrants, it gets very expensive so they are looking at probably just moving the light pole, probably south closer to the proper�ky line. From the curb straight back in the middle of the driveway, there is approximately 25 feet of high ground before it starts dropping off. As they go around the cul-de-sac to where the triangle is, the land tapers down to the 30-35 foot range so there is very little high ground. After measuring the lot in April, both he and the owner agreed that the maximum size house is 960 sq. ft., basically 24 ft. by 40 ft. The property really drops off fast, and that is the reason for the front yard variance. Mr. Neakar stated that as far as driveway issue, both he and Mr. Rainville agreed that they want to have enough room for parking a car and were not aware of' any minimum �equirements for the driveway. It is feasible to move the garage back to maintain a minimum driveway requirement. However, the flexibility of moving the house around is not very probable because of the limited high ground available on the site. Mr. ATeakar stated in consideration of all the easements that are involved, if it is possible from a legal aspect, the City might consider granting an easement for the petitioner's deck and steps to satisfy a vacation problem if there is one. MOTION by Ms. Smith, seconded by Dr. Vos, to close the public hearing. IIPON A VOICE VOTE� ALL VOTINt3 AYE, VICE-CBAIRPER80N RIIECHLE DECLAR�D THE MOTION CARRIED AND THE PIIBLIC HEARINt� CLOSLD AT 8:35 P.M. . Ms. McPherson stated that there are several issues staff will have to research after hearing questions and concerns from the ::: � � i APPEA�B COMMISSION MEETINa. JIILY 21, 1992 PAt�E 6 neighbors. Staff will renotify those people at the meetinq and ' those on the mail.ing list of the next meeting at which this variance request will be heard.' � OTION by Ms. Smith, seconded by Dr. Vos, to table variance request, VAR #92-16, by John Rainville until the next regularly scheduled Appeals Commission meeting. IIPON A VOICTs VOTE, ALL VOTINO AYE, VICE-CHAIRPERSON KQECHI�E DECLARED THS MOTION CARRIED IINANIMOIIBLY. � ADJOURNMENT• MOTION by Ms. Smith, seconded by Dr. Vos, to adjourn the meeting. Upon a voice vote, all voting aye, Vice-Chairperson Ruechle declared the July 21, 1992, Appeals Commission meeting adjourned at 8:40 p.m. Res ectfully submitted, L e Saba Recording Secretary 8Y�/ 0 0 n n PIIBLIC BEARI1Ja BEFORB THE APPEAL� COPII�IIBBION Notice is hereby given that the Appeals Com,mission of the City of Fridley will conduct a Public Hearing at the Fridley Municipal Center at 6431 University Avenue N.E. on Tuesday, July 21, 1992, at 7:30 p.m. for the purpose of: Consideration of variance request, VAR �92-16, by John Rainville: Per Section 205.07.03.D. (1) of the Fridley City Code, to reduce the front yard setback from 35 feet to 13 feet; Per Section 205.07.03.D.(2).(a) of the Fridley City Code, to reduce the side yard setback from 10 feet to 1 foot; To allow the construction of a single family dwelling on Lot 1, Block 1, Rice Creek School Addition, ax�d that portion of the vacated 67th Avenue lying easterly of the 'northerly extension of the west lot line of Lot 1, Block I, Rice Creek School Addition, Fridley, Minnesota, 55432. Any and al�. persons desiring to be heard shall be given the opportunity at the above stated time and place. DIANE SAVAGE CHAIRPERSOIJ APPEALS COMMISSION Any questions related to this item may be referred.to the Fridley Community Development Department, 571-3450. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than July 14, 1992. � n � � Com.munity Development Department � PLA►��TNING DIVISION City of Fridley DATEs July 16, 1992 TO: Appeals�Commission FROMs Michele McPherson, Planning Assistant BIIBJECT: Variance Request, VAR #92-16, by John Rainville, 6700 Anoka Street N.E. We have received a variance request from John Rainville to reduce the front yard setback from 35 feet to 13 feet and to reduce the side yard setback from 10 feet to 1 foot for the property generally located at 6700 Anoka Street N.E., to allow the construction of a single family dwelling unit. This variance request is atypical in that there are several outstanding issues which need further research prior to staff making a recommendation to the Appeals Commission. Those issues are as follows: 1. The City's leqal position if �he variance is denied. 2. Erosion control measures during and after construction of a dwelling unit on the subject property 3. Creek bank stabilization measures 4e Relocation of existing utilities including a public hydrant 5. Reviewal of the request by Rice Creek Watershed District staff Staff recommends that the Appeals Commission receive testimony from the adjacent property owners and move to table the request until August 8, 1992, to allow staff further time to review the above issues. NIl�l: ls M-92-465 VARZANCE �QiIJFST� VAR #�9�1Fj.� Lot 1, Bl�c 1, Rive Creek S Sol Additi� 6700 Anoka Street N.E. John Rainville C�xald Applin 3257 P+enn Aven� North 6650 Anoka Street N.E. Minneapolis, N.�T 55�412 Fridley, N�T 55432 Wenci.l Radil 6655 Axioka Street N.E. Fridley, �T 55432 Karnn Bjorgo 6675 Anaka Street N.E. Fridley, MN 55432 Kevi.n MoCa�ty 66 83 Anoka S�kre�t N. �. F'ridley, NIl�T 55432 Patrick Kuta 6689 Anoka Street N.E. Fridley, N.�T 55432 Floyd & Joan Fasli.en 199Q C�im� Avenue St. Paul, N�V 55108 Kevin Cyprus 6680 Antaka St�neet N,E. Fridley, NN 55432 Kelley Vagovich. 6670 Andsa Street.N.E. Fridley, NN 55432 Ronald Youngdahl 6660 Anoka Street N,E. Frid]ey, NN 55432 R�bert A�.c�ial�ki 6655 Art.Yiur Sti�eet N:E. Fricll.ey; M�T 55432 ��Y � 6665 Arthur Stac�ee� N.E. F'ridley, 1�1 ` 55432 ceral.a c1i.r�e 6679 .Zl�th.ur St�e�t:N.E, Fridley; N.�T 55432 Donal.d Bloo�erg 6691 Arth� Street:N.E. Fridley, NN 55432 � Ct�t�s Larscn 6694 Fridley Stx�et N:E. EYidley, N�T 55432 Stephen Ranallo 6�684 Fr�:�clley Stxee� N:E. Fridleg, N.�T 55432 Revin Au�.tad 6674 Fridley- St,ree� N.E. Fr:i.dley, NN 55432 Jdzx1 Ber�edi.ct 1499 � 66tfi: Aveni�e N.E. Fr:i.dley, NN 55�432 1 1 Michael Sur�4ki 6700 ArtIiur St�et N.E. Fridley, N.�T 55432 C,ounty of An�lsa 325 Ea�t Main Street Anaka, NAT 55303 Diane Sauac�e 567 Rioe (�eek �erraae N.E. Friclley, NN 55432 City Council City Manager Randy Noeker 5066 Rainbow Laxie Mot�dsview, N�T 55112 � IMPORTANT OVIESSA�E To A.M. DATE TIME P�M. WHILE YOU WERE OUT M OF Area Code 8ti Eachange TELEPHONED PLEASE CALL CALL•ED TO SEE YOU WILL CALL AGAIN WANT3 TO 3EE YOD URGENT RETURNED YOUR CALL Message � -- �.�i�-�o �, ' �. ogerato: s!c,�F, I I ��' � �' � ` � q i ..-, e ..v _; p �.' '; IMPOR.TAI\I�' ��S�AGE� � �� z y " - .? a 'b � , TO" 3 DATE A'�' TIME P.M. WH OU WERE OUT M OF Area Code & Eachange_ ��(.P -�pa, TELEPHONED PLEASE CALL CALLED TO 8EE ifOU WILL CALL AGAIN WANT8 TO SEE YOD URGENT RETURNED YOUR CALL &leasa�e i�:� ,�.�� — � . ��.� ....- / �,: ; � � C1_`�_"'J -, i 1 � __ _ ---- -- ---- - - ---- --- --- - - --- - - - - _- - --- - -- - - -- - _ CP'1� ,��s� �' _ --- - - - ----- -- - - - --- t�, t�-• �! t�' - - ._ __�� _ - --- - _ _ _ __ c�., i� �_ ��i___ 1_9� 1- -- -�1��=- ---- -- ___ ---- -- --- - - -- — — -�— — - -- - � _ - --- ta�y _ _��-�--� _ _---- - --__ - ---- -- _ _ __ - - _ --- ------ - -- _ ---- ---- _ - — -- - -- _---- , --- - ---- -_�v� ��. � r�ai --��_ -- -_------- ------- - � __ � --__--- -=----- - - - --_- ----- -- - _-��►v- ��-�------ _ -- - -- -- - . � . . .. - ---------- -- ---- ---- -- ��Ia,4� �- - �---- - - ------ --- - - - - . - ---- ---- ----- , � COMMISSION APPLICATION REV�IE�W � . _ �------ , � I Fi� Nu�� FlLE DATE ��; FILE DESCRIPTION �#9a-i6 C�'��' 38 7�2/92 -��21la� -� Lot l, B1ods I, Rioe C�k School Addn. FRIDLEY COMPLETE REVIEW CHECKLIST AND RETURN TO PLANNING D,�PT. ❑ BARB D. Nv' � � � �� M. ��. COM�IAENTS . ❑ MARK W. ..��. �i ��t��r�i>� � �r�'-�''E `�..� T�� t � � � [�. JOHN F. �� s � � �G .� � �� ,� �. � �� ❑ CLYDE M. LEON M. �-� -; H. �� -��i CHUCK M.�I � ��y��F,eer VA.I�Pi 'T�s� -ia sp�. �� T'c� �r�s.iav�.� v_� � o -� T(� �C rr�,loc�-i� �,�. � I�za`�iw�-- �-: �,Eia�. �,t�S �rl. o�. � �� -fe r�ed�ce`�-i�e.-� aurd ��I�taa�k- --��. 3s'-� �� c� �o,�t.. ''L�s. 0'"l. �y, � C� C� "'� ✓'�J�c..�--(� Ss�de �-" -�✓�c 1L�� -ED � � � � .� � �� CITY OF FRIDLEY p 6431 UNIVERSITY AVENUE N.E. . FRIDLEY, MN 55432 (612) 571-3450 COMMUNiTY DEVELOPMENT DEPARTMENT VARIANCE APPLI�ATI4N F�RM PROPERTY INFORMATION - site plan required for submittal; see at�a.ched Address: Property Identification Number (PII� f 3 3�? ci l y � 1 l � - Legal description: � o i ;� J`34 ��,� I i2�c� � Cr�� c�� L, � i�D ►` ► c � �► _ Loi -� - --Blc�-_� ,�__ ___�..��Add�ti�--_ C�7va �"� Aa� _flaeaTi�'�' _ _ I . _ - —� -i Cutrent zoning: R-:.l Square footage/acrea.ge I/, �3 o.� S�.� � Reason for variance and hardship:'��a� a � ca �.��1�; s�.� ��.� �, �, r� l�� Q L� , � n� �r e � � � a � �� S�ction o� City Code: H�ve you operated a business in a city which required a business license? Yes No J�'_ ff yes, which city? ' If y�, what type of business? - Was that license ever denied or revoked? Yes No EEE OWNER INFORMATION (as it appears on the property title) (Contract Purchasers: Fee Owners must sign this form prior to processing} NAME ��, � f � � �o �� l � � 9�` �Oo �JlJ �I /�� rS' L/�� ADDRFSS �9'��-�' ! /�10 �t/� � �". �i� U� L ,� /d2 r� �'�'/�� DAYTIMEPI�ONE ��2.� � SIGNATURE . f e DATE ? �' i _ - PETITIONER INFORMATION _ a o �� • _ NAME � �a �.� �� o��a P ADDRESS -��' i _ � � � � d/� • oe.l , /�� L� � ,.� . �'S1 �d s �- � • 1 I . ��l!' , �:� �.. , t�.'�1��,!' � Fee: $100.00 $ 60.IX3 for residendal properties Permit VAR # ! ReceipX # �,�� Application received by� Scheduled Appeals Commission te: Scheduled City Council daxe: � � 8� � �me O� W ��m a m$ � '' c o m M •+ ffi ro � M q °' �' w � O ,0 O�"'i � A � � � � 0 .• m w m�� o�� m �M� .�; � 'oo� ro.�i�io '�sms �A�� 'y°om O m NM �IO�Y+ �m� o � �m ; m .C� b� Q ��m �'mv m �3�m� �am�o .� ti�� W�� p��`� ��m mOM � o��'� � �� d.�+ .r �iaQw �wa3 a m u +� N W r1 � � �� O �'� C �p, . �.f O • M .- � �y_ 0� � ai � '' w M ._ � p O M N � � �"� °' � �o � .. . � �� --�--� �' � �A O L a m.. a y ti �_ �p@ O � O `� m V �C wm 0 � 4 V .� m wH a �o �a -a. � 3� �� .Q m� .�'.� �n N � � � �� q 3 am° .� y � w° M �„� dl m mH� m m �a a� � s o� u oce u m ., rl M % v � m O M a w O m m b C a � Z ,� �� amo c t o �A 3� .�� m.i.a �' ap � Q. m M � �'� 0+p��'O M �'� �� m �� « q a �'� m �a;� .i'O 3 C 4f ..mi30b�Q � e m+�i s1°+ •++� a+ m ��x� �mMClm � � O.��Imq� mN �O ..°. �� °i'� � y ..� �� .. �,. �� y � ° �� a s�i � .�+ � � .. .i �.mi .� � 0� `� tl � �,0 m �� b � o �� . � b� O O�� . � .� .1 i0 m��'�,�� a � '��' O•.1 � O f0 A C •� 'd ��v -� � � � .e�,►�e m 3 ,�� a m � � sb '�� , � �'� � ° w$�.bi w 10 ., v+ a� o �o a�o �.�-aa+ � y�'� �io�mm� � � � ��w� -��v@- � -� �-'�3p' -q-m � � q 3 � �--�- -=- ti_ _--� --C � o =_"�= - >= -- _— O R 41 10 aC� .°r..°� . � m o °' o � o �' a. � ,+ �d�MmM b ".°� y ° amw �e .e m m w a a n ..� .� y� aao�maM+ � � � �a os°x . d' �1 m P EO W ; � � .p 0 y � � � �� . �~ .��1 N 0 � � • i, H � m �� V � � �. � �. ��_ _W ^J b� Ci m �w w .•+,d m m � � O � A �. N � � H V � � m �� k � m 10 M y� �i �J Mro � �i C `' . � m �i _m � � m a ,. .s _ _ m o w �o � O � c� +� O 0 ti ., � m a ��y � � � � �', ao � •a .>� y �� _ p 0+ A m p 0 OT--'C-- O -..� -41.-b-`--__--=--�-_ _---•.�_�..� �'.�' -�-'-� -- . . • '�O A A -A -=O � � a °' � -------°�_ - = .^ m� 3 7� � W�+'ii '� O. � U �, W �w � � m � � m � � � � � � m 'p � . � � m 0� � - �i .�"1 O � � ' .li '� r��l i�j C�'. �.i b � ox ..� ..�i � � c mp m ..�i .�i +�i '� � � t'xi fxi A . p � � b+ � i� M m m tD at W � oe m �-�+o � � °' °o 0 0 0 "� ow � �� a . 'd � O O 0� � p O w. G C C U M� ia N V +► m 4 M O m� V�� .�I m � tm7 V O- r V m � E1.1 r'� . m am .a��C' � � .� i°. "m m o ° �� m.°N m.� m� �°a m� m c� a a a tr' za z z� xm 'l. O Q O �� O W � v v .,'�j v � +1 +i M +r � � � -.� .r v �„ ' . � .i ev n v eci �o t� r %�1 . �, T. 30, IQ' 2�4 1 4/OL EY � . 12 �6 �T :\ I e.J/ � f w• ,�, � ' /O g 7 GD � A� bfl - - Z fa�lq66 T A� 0 /A � !+� � `a� � �� e�.� �. `: �H� �E' �'., ap/1RI( LI� t� ` {�n r °II tv M�_ 13 � �1�,K ��'92-16 ohn Rainville TNIS IS A COAAPILAiION CF RECORDS AS iNEY APPEAR IN THE ANOKA COUNTY OFflCES AFFECTiNG THE AREA SHOWN. iHiS DAAWMG IS TO 8E USED ONLY fOR REFERENGE PURPOSES AND THE COUN- TY !S NOT RESPONSIBLE FOR ANY IN- AGCURAG/ES HE:.EIN COMAfNED. 539/3 � .NECOqNER � SEC. /,! i � I-- �' --, � r� �..: 1 1 � i } � � � f ! S ' � � "�L � aEe. ia �-•�� 14 °a ��j ROLAND W. ANDERSON � .,".�.'�°-'�, CWNTY SURVEYOR ",4:��.`,.� ANOiA COUMY, AWtlBDTA . " _ '�__�'T'S"fL� _�� ION MAP 8C LOCAT :. � � ��. �. � j � /b Ii /B /! Zo . ��e�. � - � � . lii � � Tre� . V�� ` � � �-• � , . I � � '.� I �,� ��` ' . `'� � '; RIC �.�C`R�EK � ., o P�aRK�1 � � �� , rs � � � ,'`�? o° _ ° (;� .,: �ri C c:,: � � 7 8c � � r 8 • d � e � 8� L s i�s r Z s s• s� e i � H AV � . a ,� � � : 12 'n s � ,d ,. , �I. � ` . a � ' F + � � � � � ' ' 1 � � I�,o z YICCICC1001 • • / • � •• '�Yae't' /3 �• • � , • , `�2 ` � :•; •. ,� • ° r►� � �_ �� , � _ ' �I ,ey� � a;�, ��22 Yi 1I �� '4• � � + q.t i R •� • • !� 4�N 4-f � • • �- � � C� ZA q•o ; s t i 17 , !:::. ..�t �t. :. . r•� 28 _ �. 4 -/ •; . � i •c . : 2t �_Q :'s•:: .... 3 �i i • �� i s � '4 e�s'� .': . , ,� , - • -� � •�: a 2 ia t �ti . � � .s _. 3 /g ,8 169 \ W 3 r 4 // Qi 9 c� . 5 �i s � 6 f s � a � :. ^' VAR #92-16 ( ohn Rainville v • • • • • • • • • � '; � r. • • • • • • • • • r � . • • • • • � • • • • • • W • • • • • • • • • • • • • • • • • • • • • � • • • • i� • � � • • • • • • • • ' • • - • � � � • • • • • • • ' 443 • • • • • • �_• • r • • • • • • �• • •. • • • • • 68��" AVE. . . ............ .........�.. ............ ... ....... a d ��,�'�• —'� $ � .�� J� � �� _ � , � w, ��s � d.�.11. • a" �aai}: 4��,� .�....� , �1;�� `�_ , ;:��; �I• . ,t �, i � � � �. . � ,�.� � � ` �' � �' � �� I �� i�] • � � n . � � �I� 31e°�� '�1 i�� I ZON�NG MAP � ^ ; _ ---•--�----�-- ------- ___� _--- -. -•--- . --_- I �i '�\� I i i � � � �_ i��^ � � �9 ■ VAR ��92-16 �hn Rainville . � � `Q ..— �.� �� - - � � , � .-�-� - 1��1__"'�"�..._.�...��.. . � { --1 C� i 1 i ' .� �- ;. J __... _ �i . . .. . � � j ; � . � � ; 7 ! i i � � i , 8J SITE PLAN �. i . y � I �-� q� i . $r A�E I . ., 1. ...�.I � � �:-�. . �a�.' , � No � To Sc �L� � ' !/ � : - I s�� c s - ��8 : � .F.�r, � ,1. , � VAR ��92-16 �ohn Rainville .. . ..-.. - � :. a3�' � ��.. . � ScAcr . . . �'�s� : : . - .�o�� '. : +. ;� s . .•/•' �.T • .. . \ y. ,r.F •r� , 7 .-f��. •i �O.r , . . . . J " 4 • �;,`•,* _.S.CRLF . �' . .� -':^.' • . � , � � � ' . ,� �. . �,' • . �••., ,''"�' ,, r�./ ' . . . .��,� r .i r ' � ',�'� . ,?? .� o ,' . . . �� Q , . • . �• . • • . , . . � . /../ . � � _ . �. : �l � . ~��.�< �O ' . . . • . . . - � : ' • /�- ' : , oQ .+� :• � . - � � � . -:'� _; ' . ' ' • � , � . ' ,J,� ::. : ' '� � •�. :' . �^..;�':�•'. ,.t " ',!"•• •. 9~ .. �Z.•.;;'.r .'Ri.� .ii •�cr�' r. . v � .. , ; ��.�• ry,_ ` 'y. , , . . , • . � � ' . y ' '�Q ..,'t� �: t�' :P • .� . . . � '�.-J.- ..3� . /� •g • �:' �• � ' � � , Y �I J ' _�/ • • .J . . . ,<.. • � � � � � .C`' ' ' ' . ' .. ` � . .i � � ,f �� . • �, . � , . •';I�.�� f' • . � ; a . �:�•• , . �� . . . . . . �i�'', . � ' . • ,.'' • .� � • . . .. . , . ;,. M� ;��. ; .,:� ;;. + t:� .Y: ;.:.6�. 4 . .. . . ,�� ,� . .. ' ` ` gCAI.� : . . . . . �, , . . , , .. , . � . . . . , : . '.�� .. - -�-- � �. . . - . . � � . . . , t � F�RC . • . . . ..• • . . . � • . . ., .� ., ,� ;- . . : � � . .�N7��: °r.. .• .: •: . . � � . ��,�RA.9E�.a` �x�a � �� . ... � yo'.. ;�� . �. � '. � _�:Co': Rr,�s�p .R=a�aa �n�.�tt �. ' . �,' .. ' .Rafl:� . . �. ,, ��. . UooR ' � •13.b � ' � . . . - . .,7'n'.i+: °• � . . . : �8 , .. .. , . , . . ' . . . �; , . , � , , • • ' •: • ��f�� , ' / � . . . 3 . U . . . . . .. . , • . PoLE • • . . . ' • • 1S-'. • ' ' : .. �� . • ._ 13 5 ' i�...._:._ � ...__ . _ .. _ . . . � _ •, � ' � �,c N oT j .a _� .. -. . . . .. . . : : • • ; • � 'Cr-el �C 81ORIGINAL SITE PLAN . ,_ • � , . . , . \ . .. � \\`; ,,. , } � � � .., !�!�I�� .,�' - � � � �� ,, i�l' '`� T� �a��/ _ � •..�� ` ''�s �� - . \� � / � � � �,� ,. � �, � . �i . �\�� , . �� ✓ . : � -:�t - ��1,,,�, � �:,p r�l,�a t-� ..{�� _ � �� - �� '/.%/ �,��`"�/;� � ��✓/'� a� _ /.� �l . » � � �,J �,/ ,. .. . � . . ,� � .. � ,� , ° ,-. � ,� 1,�_� , �, , �� „ � �. �.� :=- ` � _ �j ' ' ' � ; �� , , _ _- ------�� ----_ � , `: � \ \'. : ,.,� i � � i � r.i� � '' 1�� . � . �;:;y� � . \ �� , � �, . �� :�� ---. .�� . � � j�•.� ' .-. � �' �; � . ..i' �\ � .:\ . II�;,: �•;; . . 1-' . `, . _- -.--__.�.__.___ -- .___._.____�� 8K _�___ � � , 0 "�� ' o o � . . � � �� ' y � ; _ Q � v "W hy�� ,• o � o `` -�t � � . ("''� ! 1 � - � � - �. ,� ,�;, � �;' �/ � - �Y � I � � ....._ �__�_.`_..._._._..� .-__ - 1 u /' '�. , . , . /r � - / y � i3/ � � y ! , I �� l0 ., 0 10 � �� o �t , ' � ai /I.� �,�,' � .�".' / i. I �,{r�� _ ` 10 � �� y� ; s `"p �, 23.02. - � . �: . _ ��.:- � �\ � \ � - \ _ , � � , � .� . _� .' . . _ . � �e � . ' � S.LINE OF TME 11�. V4 Of N�E.1l4 Of N.EI/4. SEC.13,T-'JO,R 24. i � s.88��.____--- � oe ; _ — — ns.os= �,. _ _ ea49 � _ iti.96 — — _ - . � .--�___� �/---�/� 10 ', �� ;� 9/0' : '��-. N 8B°34'W. �� ' :v �. — ,y0' pO , � — —s�b— �►� � T � r ��i \��I/i i•�:.r..� :) I 1 : ,n� .. _ �i ( il l i. : �� .. i�� i:. • -� ��. p ne upE W• UTIUTY AND 1 t"� o� D t� NAGE EASEMENT � ., "' s ►I4 � _ a'}g _ , , }O.R Z��.� . �. p� .. • N. L�tE OF BLOCR 3•, .'�IGROVB A00. � !� - � � , 30 .s0 �' , I 28� �M,. � -•- O' . � � � , o� � � . ` �'1 . � W ' � � � p 4! ,, 'N.88°34W. �j,�•• ": '' a `,� o� „a w I a�� • �li m �� '"-°�-',� g� - ,-+--�._— , �o ; , o� . -----T 1 _ �`` I I � � > v ��, � ' . \$.--=' � aea�sa.�. . � so -=''�.�° -` �ar` o I I � � x� � ; 1 � s.es, e.- .�- , � - -1 � '� �- � '�� °- I o _ A ° �. ,�x; '{ ..;��i:. �� G �, '��. �'$• --`� � . . . � '� �-�� ;...� . � =-R � . � -, �'� Q i_ �i_.�.i'. it �� 136.0 $ v ,y • . .--r � � � s.es°34H. �.:�» ' b�� Ya . e_r , - � � � � � . �, �, s' . e, , ° j � ° � _ , m �- 3 - ;,.; �o -� � y'iai � ,. ',;� . �- �.�'\ 1'� � I�r\/�'\' /i� . � ' � ; , �:,, ;y� �1 �.� I ` � � t�--� � , tr _ ,, � � j , � r ,,� . .,i :., r �� p�� 7 ` I;� 135.0 • - ��. i � ... �p , . . d 4 - , . ..��$+W'��. � a� �l�'t -,T. � • iib - .�'� . . � . ) . . . . ,., . . �,.r+�a, rr T ' . ' � �7 �� re ',� . •O ' . � ( . �' � c++ � C, , ^� O � : . 6�i.� $; � ' ' � n) v . . ry � •-• r�'�-1—�i�� • Vi � • � I:. �,� 1�: 11 � �► �.`�' `.� �:. �,. f /''�►it� 1 � � � �1�•.� V�.' � �� Q � ° � ISb.O . ° I _ � . G �T v ( � 5.68°84 E, � } ` �, ��e a �� .�� * . �.� �1. ;d 1 ' � � ' • 6� + y �l �� . 1A ^ if ��, ` �._ $d .` �,,.. ¢ � �' �r .`;ti° � .� � ,�'i , �., � �,.. 9ea .. ,:�ISd ea: _ � c ,. _�^.t ,. _o . . _-.�.�s k....,�— .r . Jc,..�',:. � .., - _. . . z,5`�S.,�wr.i....au_' . , �� .lfls„, .:rk' r�. . w _ _�-,,...�... ,i ; j ,�. r- ■ �- �,t Ff,�,! i3,a it r1' a ��S fix�,'��a �:�rd� :;� � x � eiPp�,�r>dkS ,., F'� ,r i `[ �E�� .� i .a �, 4 t � � �� ;; y P. ,,� �_, ! � ,;�'�: � �;r #� c "';' � a' r�` s �.t ,'`+� `, � � ' . } � t r': ,�,` r� t.t, x ,,. .�z ,. r, y� y ) v t�.__ � . " _. '� �. ,. , . M1 .y� i? i . -. . � . . ' � . . . , = �� n �� ! . �� ---�� ; _= � �� -= tt � � �� . A• �J i,^ � ' ,l `� - � J �� 'f� L `� ,.k_ .� � �� t �' ��- ' �. �R i i,y; '!$ r. .'''.. .:.f. � a: si_ �� s, ;. -: - _ -3 T t E t �,� � � a " � �; -.+� ti.� a k N� �F_ � �•i�a, �eki x{ �7 ,�"f F��,: 4�.�. .;�o . . ' S �. � ;; �;' � . -,.�\� °g � �<�9°�� --� ., .�A � _.� 1� �� : "s S `•`�\ �` zSc F � n9& `\ � �Q ' b' �'�. �-\ x cQ `�` ' �� \ C�: .t � ♦ \/� ��y �.1 ti C) U aii �`1 �) � y :J N L �� =' � �S 7 L ,7O � � � � rK J C �. � � � n C. _ � � v � 3 :J C O �J w � � n '✓� v �r O � �i. '' j .� c ;! � N v c c: � r_ 7 a =' �� ,. •., .[ ti � � � :� y ,,� � � ;_: ✓N � � O �� u tJ .� 'J Vi ... V C � � :n � _ y n �i: J t C � � . �' r .� �i � /�. s� oos- do..c ' . 3'70HN � 3,,��,,..��.� "� �� 1.� b'�10 Nb >> ��s ,,. v �`'�---oos ---.�- `' Jb •c 8��0 :� �.f` �� a�'U . � . n � . e•�_a 't�:«. ar _,oi •eao r � � c! � .0 � C �-j :7 [ L ? r. .� � � V� ," J I � � 11 �. / / —�anouaa,� aq ol �� a� Y t� Q p�N � I-}°�° -�—* x " w Z ZWW S3. m ti4W Y I � . , � a .� -.. - .�' ;� �. . � ' , . ; �e .. ; Q f � __ � : 1� � �'J '' � . ; � � � � , SURVEY FOR: Mr. John Rainville �lm �y�r,o � �{ssoeia.fes, �nc PROFESSIONALLAND SURVEVORS ANO LAND 06VlrL�MENT CONSULTANTS (612) 421-9126 ' 13821 VINEWOOD IANE DAYTON. MN 55327 DESCRIPTION: Lot l, Block 1, RICE CREEK SCHOOL ADDITION, City of Fridley, Anoka County, Minnesota o Denotes Iron Monument x Denotes Concrete Nail set in blacktop �t' P/�C'i'o�'!�S /ylen TJ �� _ . ,✓� — 9p, o o — � I � � l� `0 V \ •V, �� I �w o� �O 'I � � � � �z iv' Draina�e �,�P/�Pr� � � _ ��',p�e �� . / ` � � � �� 0 � �-- — �'D.OD - /✓DY � �i�U�n�!�o � s ,30 � s��zta � �� \ �1 � \ � �i �l� N � � �� ) � l\' (_, ,. , �� ,�, � =� � :_ r,� �_ �;. I� \ � \ � � \ 2 �� I �� 3 �, '' I / � � / �� o � �$�o� � �3 � _._ _ .._ � — ,30.o i ..- � N 3o I � � � _ — f= ,�o,c�A �T-, /G;'�% 1► ---�- �� SCALE: 1"=20' ` � �o \�� = �._ � �. �`� IN G � ��. I�� I � �� _ ,3o•oi � � I hereby certify that this survey was prepared by me or under my direct supervision and that I am a duly Registered Professional Land Surveyor under the laws of the State 'nnesota. Dated this 29th day of June, 1992. B f , Minnesota License No. 12267 ��. t J . �� .-� -. ,- �; STATE OF MINNESOTA COUNTY OF ANOKA AGREEMENT THIS AGREEMENT'dated this 3 ls� day o� January, 1993, by and between the City of Fridle�, a Municipal Corporation (hereinafter referred to as "Grantor"), and John W. Rainville and Joan M. Rainville, husband �nd wife (hereinafter referred to as "Grantee�� ). WHEREAS the Grantee is the owner of Lot 1, Block 1, Rice Creek School Addition. WHEREAS the Grante� has rec��ed a v2riancQ to Chaptsr 2�5, "Zoning", of the'`'City Code to construct a single fainily dwelling on said property. - WHEREAS the property is unique in that there is steep topography. THEREFORE, , it is agreed by a�d between the parties as follows: 1. The Grantee agrees to hold the Grantor harmless for any damages which may be incurred to the property or dwelling due to the Grantee's exercise of its rights on the property and.due to any failure of the slope. 2. This agreement shall be bindi�g u�on and enforceable against the parties hereto, their successors and assigns antl all subsequent owners of the prop�rty herein described. An�executed copy of this•agreement shail be filed with the Anoka County Recorder's Office and made a part of and be binding upon the above desaribed property. IN WITNESS THEREOF, the parties �to this �greement have affixed their signature to this Agreement on the.date.mentioned above. CITY.OF FRIDLEY . BY: ' Its Mayor BY: . It City Manage �, e 0 Rainville Agreement Page 2 STATE OF MINNESOTA) ) ss. cottrrrY o� ArtoxA ) ' s7- The foregoing was acknbwledged before me this 3i"' day of January, 1993, by William J. Nee, th� Mayor, and.by William W. Burns, the City Manager�of the Gity.of`Fridley, a Municipal Corporation under the la�s of Minnesota, on behalf of the Municipal Corporation. .... .., ��- , . �RO�RTA CbWNS ' A10�fARY PUBUC • 1l�SOTA � MIOKA COtJWi'Y Id�t Caen. ExR. OcL 21.19A9 11�l9fY1fYYY111►1►� i!�` ' " _ �i�/ � ' — John W. Rainville, Husband c i�?�'v� . Joan M. Rainvi.11e, Wife STATE OF MINNESOT�1) � ) ss . COUNTY OF ANORA ) 5�„ Subscribed and sworn to before m� this �i day of by John W.. Rainville and Joan M. Rainville, husband �THIS INS3'RUMENT WAS DRAFTED BY: CITY OF FRIDLEY 6431 UNIVERSITY A'VENiJE N.E. FRIDLEY, MN 55432 _ January, 1993 and wife. , y f't j. 3tAAA1►AAA%�AQ�,�/�R+AAAd�A�AAQ�4IAAAAA4� � • SUSAN M. GEHRING � A' ��'• � "" l•�TARi' pUQ�iC • �1tNHESOTA %'„ ` f;. :. � �'�,� ANQiv� COUNT`: � �` � �• •�... �fy G;;r;m�sbn Expires Jw�e 13,1�vG � ii�rorlw�rCl�v�t i J�a'rrrr�'�r ��rsv�3t , O • � � �p�� .i R ' +-- � � A� , ` � a � � � S .� � � � � � � •a � ?�� 4:� !i3 � �:.i ;a �; ._ � � �� j � '•G "r.' . �: : i �::. r . w� � � � � o .� � i� a ��o � � � �t� .� ; � .� �� -��_�= � � � ��o : -.. � o R. -�� ' `�r �' " �' t�'t! . Y b`� :; �,s `'� s �'; � _;�; ;.� � �`} ; � ; �. '� M G�;�j�F y �i i j� �': � ? � ! .J, ~ ~~• .t -- 3 ."` di i � t 0 � � � � N �°� �� h � � �w d � � M � � � � � � � s,�i t��. � U W ti � �l� �- � � � __ � I / /� t• o� • ,A �� I � _\ Ij � ;� � � !� � � � � �� !' , / '. � �1 , l,, � . � r ' i i ': , ; � � / �- �� / � , _ � /, �� . � , �/ � � � / / f / / . / / , i �� ,,� , , � � � � � � � � �/ �� i ' � � i , � �� / / . � � �� , � - � ' � � � � �� i I . ,, �. ,/, i, / , // � , ,,/ � � • , � � ,, / , , � , . , , ♦ � ' , � � u�� , , � i � , � � i I i �; ' � r � . • 1I ` � , � � ��' � m �� • � � � , , ► . , i� � I ;' / / � , � , � i � � „ �/