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AF-V - 43444.. , . iwJECT City of Fridley AT TNE TOP 01� TM� TtNMI� �� APPLICATION TO BOARD OF APPEALS ; , r �L-------, GQMMWNITY ��«.o.�N� D��. � ' � 1'RQTEGTrvR 1NlA�CTION ON7'. � � �---1 i GTV NAI.L /1{IOLt1i �*R �..._,,,j�.�� .J N7-�W'�MO ►'KJ1r0! �K� GAT[ �NE OF � OV Bv - 1 2 �00 Name Address Phone �«N.4�D I�t �Ll�� NO�I � /loC� ��c � C 2�K ,E'cxrc�' ��G — /CoOC� Lega Lot No. B1ock No. Tract or Addi iQn Desc. Jd Z_ Bric��a I-�. Variance Requested (Attach plat or survey of property showing location of proposed building, etc,, including adjoining properties and ownership within 200 feet of said property.) �e �'' �d,�f,•� ��o � 1 S �� r,� �`q s �a o� ��- �rom - -5� G n �t? 4-'— 9'� rh r�+r f��-v � qs�rn e n�-�- Meeting Date Fee Receipt No. C�( .��_� �c�, J �P`�� .�� Opinions and Recommendation b� the Board of Appeals L !�.�� ; j �;, , J �`Iti� - �'��?_ );Z,<`:*�-� ( % � FQr Abvve Reconanendation Agai�st Recotnnendations . �i'_I �;j"i.L.wi.�.�"l.4 �,��C.`fl .� / ( r') G � l.� � t_.' � �c:t_ �_:,.� � _, �� t L� i . � y�.. ' �k- ; Z �;' � ,Ci/t Council Activn and Date . ('. ' �_ . (' , / � C r- � - � l � , � iwJECT City of Fridley AT TFIQ i0P 0� TN� T�1IINY APPL I CAT I OPJ TO BOARD OF APPEALS � � � � r � L-------� GOMNVNITY OEV�{.O�ENTD�V. (Staff Report) � i MOTtCTiVR Mql►[CTION OL/T� � � � �°-� � Gri MA1.L I1ND��Y �i�R �..--�..� `,J MA-��0"3�i0 N1JM�p! �K� OATE E OR V Br 910-F23 0 2 15/73 2 2 800 Com�ents by administrative official denying original request for building permit or other pennit. (To be completed by administrative official. Appropriate Ordinances and sections of Ordinance to be cited.) Board members notified of ineeting by �(�;�,C�, �C,� J97�.� List members, date notified, and "Yes" or "No" for plans to attend hearing. Name . Date Plan to Attend % •,.i �l.D �Lt % (��,/Q � � �'-' � �-Z. , �. ' c°�.� , —.: , . _ �.� %L L �� 1 �. 'L.C-�, � - Person making appeal and the following property awners having property within 200 feet notified: Phone Notified B , Name �Date or Mail (Initial) .�_ ^ � i, �� i� ��.'�,',(�,Z_ ' f�� i�t :� � % � G - C��, �', �l% %7,9�• - � � � � i S.0 ��;-�� C.. L�,- J , "' c��:� '�-t��/3''t_.fL-ri�' • ^ �� . � '� ' c�'l;� /c"? , �` ' � �t'� � ^ �i �G� ' �J2�L r(T.%) � � z � . �� '7 -�.� ` � - �t- ° _ �� ,�� , , 1 , :�_ l�k �� / � - � Q� � � ' ° "a-4'_% l� <.�i� :,1� e"�; ) �.1;r � , l� . _ e � /_ �- � .� � � �� _. � �ei Y � 1�� _'�� : �'"-�-, � j ��. ; r � y�v rr �':� ��i� 'l 7'p�f-'�-'��Y6�� - u 3 .� �.#^�. . +a OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE BOARD OF APPEALS TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN THAT the Board of Appeals of the City of Fridley will meet in the Council Chamber of the City Hall at 7:30 P.M. on Tuesday, April 10, 1973 to consider the following matter: A request for a variance of Section 45.053, 4, B4, Fridley City Code, to reduce the required side yard adjoining an attached garage from 5 feet to 4 feet 9 inches to allow the construction of a dwelling and garage to be located on Lot 10, Block 2, Briardale Addition, the same being 1653 Briardale Road N.E., Fridley, Minnesota. (Request by Richard Miller Homes, 1600 Rice Creek Road N.E., Fridley, Minnesota.) Anyone who desires to be heard with reference to the above matter will be heard at this meeting. ROBERT A. MINISH CHAIRMAN BOARD OF APPEALS � . . � V � �'.. MINNEGASCO March 13, 1973 ITtinneapolls Gas Compan4 � M I N N E A P O L I S, M I N N E S O T A 5 5402 Richard Miller Homes 1600 Rice Creek Road Fridley, Minnesota 55�+32 Gentlemen The Minneapol.is Gas Company has no facilities within the platted utility easement over the East 5 feet of Lot 10, Block 2, "Briardale". We therefore have no objection to any encroachment nor to the vacation of all or part of said utility easement. Sincerely �.. -�=: ; . /� � , � , ________ , :� c.: . , ,� 1. ,.. �. . ___ William R Schram Operations Planning Department WRS:kg cc: City of Fridley �'�� ..`�� ., i ;.. N O R T H E R N 5 T A T E S P O W E R C O M P A N Y March 14, 1973 Richard Miller Homes 1600 Rice Creek Road • Fridley, Minnesota 55432 Dear Mr. Miller: Pursuant to our recent telephone conversation, please be advised that we have no objection to the one foot building encroachment on the utility easement along the East line of the following described property; Lot 10, B1ock 2 Briardale Addition. (1653 Briardale Road, Fridley, Minn.) Said encroachment will not interfere with our.usage of this easement. Yours truly, ./ . '�-=-c-t�, -,_ �� `:�".�-"" George �. Lewis Senior Right of Way Agent Minneapolis Division GCL/njw ws '�. w�� • .m v.� • � R 1 � � ? �� ,/ E'"..,, ;.i'� �:�.> .:� e.e � J 6e•! o. ,�' ':� �+w� �,s• „ e . Northvvestern Beli 6540 Shingle Creek Parkway Minneapolis, Minnesota 55430 March 27, 1973 M r. Richard N. Miller R ichard Miller, Inc. 1600 Rice Creek Road F ridley, Minnesota Dear Mr. Miller: This is in reference to the vacation of the west one foot of a f ive foot easement along the east line of Lot 10, Block 2, Briar- d ale . The Northwestern Bell Telephone Companp has buried cable in a p ortion of the easement and will retain �he right to maintain the existing telephone plant. The telephone company has no objection to the proposed vacation. Yours truly, �� District Engineer ,.,,o ,,, «.. , � i ,.r, .-, u •, �, .. �* � "� : � :i �� ° � ��, .:i � t� �'�i...��.,, . � :� . . 0. 1973 �Ix. Minish aaid he w ed it noted that he was dis�urbed that the C�,ty ia k�epia� ita s an this pylon struatuxe, 3. MQTION by Harju, seconded by Crowder, to waiv� t'he xsading of the pttbli.c hearing natice for a request for a side yard variance by Richaxd M�.11c�x Hom�a. Upan a yoice vote, all voting aye, �he motion carried unani.moua l.y . � Mr. Moravetz said althaugh this is a small vaxiance, the petit�ioner wa� a�kir�g fox a variance and a small vacation of an �asement so when�thexe wa� a c,han�e a� ownership o� this property ther� wouldn�� bs any proble�m ge��i.n� a moxtga�� commitment. A lending company cauld reivae a loan oa pxo��rty bui1,� on an easement. Mr. Mo�cavetz said we have letters fxom the utility aompanies saying ,th�y �ave nca objection to the granting of a variance or a amall vacat�on, �OTTON by iiarju, seconded by Wahlberg, that �he Boaxd of Appeals re+ceive the �.etters��rom the Minneapolis Gas Company, Noxthexn States �'owea� Company, and Noxthwestern Bell Telephone Company, Upon a voice va�e� a11 vating aye, the uwtivn carried unanimous].y. - Mrs, Wahlbexg said a� long as �he hous� is buil� anc� the util�ty �c�tapani,ea havs no abj�ctian thaxe is �o xeasan we can'� gxant this vaxian�e. M4TIOI� by Wahlberg, secanded by Cxowder� that �he Boaxd af App�:ale �, xecomunend to Gaunci7, approval of the requeat for � side yard variance A� by Richard Mi17.er Homes. Upon a voic� vote, �11 voting a�e, the mo�ian �1 cax'ae�ed una�,im4usly, ; � �hairman Miniah adjourned the meeting a� $;l+S P.I�. Aee�eatfully submit�ed, �F� . � . ��.� rathy Eve�feon� Secre�ary f� REGULAR COUNCIL MEETING OF APRIL 16, 1973 RECEIVING Tf� MINUTES OF THE BOARD OF A PPEALS MEETING OF APRIL 10 1973: T FOR A VARIANCE OF SECTION 45.013 FRIDLEY CITY CODE. TO SIDE YARD SETBACK FROM 15 FEET TO 6 FEET TO ALLOW 7 SHOREWOOD INN, 6161 HIGHt�AY ��65 BY WILLIAM NICK"LOW: Mx'. Clark said this had been previously discussed and w the Shorewood Inn and would be brought back at the nexC T FOR A VARIANCE ALREADY NON-CONF M) TO 312 SQUARE OF SECTION RMIP�G AREA FEE T TO ALL ON BY SIGNC 56.05 3C, FRIBI IDENTIFICATION OW THE ADD I I� RAF_TER' S , C . : S PAGE 19 AN oncerning the request by ncil meeting. jYSIGN 02DINANCE T IGN FROM 279 SQUAR OF �d0 PANELS ONTO �� INCTtEASE TI� S IZE FEET (110 FEET !� SKYWOOD MALL Mr. Clark said the Board of Appeals had ecommended the request be denied. He said the Bo.z�ci of Appeals hoped the administra 'on and the owner of the shopping center could w:;;'�; out plans for a new type of si . He said they would Like to see a uniform type o� construction with a directory. , � representative of the sign mpany said there are 15 of 20 signs out there now, he said he thought there wa room for one more. Ha said the business needs the sign or they would not ask for t. Councilman Starwalt a ed if the denial would prevent the business from constructing a sign for six mont � The City Attorney said not on a sign permit, MOTION by Counc' man Starwalt to concur with the Board of Appeals and that the staff will be direc d to wor�,.�a�,th the property owner and tenants for the satisfactory solution to e sign problem. . The repr entative of the sign company said he had tried to work with the owner of the sh ping center for five years to build a new sign and it has not worked. SEC DED by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared t motion carried unanimously. ��" n! REQUEST FOR VARIANCE OF SECTION 45 053, 4, B4, FRIDLEY CITY CODE TO REDUCE THE REQUIRED SIDE YARD ADJOINING AN ATTACHED GARAGE FROM 5 FEET TO 4 FEET 9 INCHES: � TO ALLaF1 THE CONSTRICT_ION CF A DWELLING AND GARAGE TO BE LOCATED AT 1653 BRIARDALE ROAD N,B. BY RICHARD MiLT�'R HOMES: Mr. Clark said the variance was from five feet to 4 feet 9 inches. Mr. Clark said there was also more to the item. He said there must be a vacation ordinance processed. too. He said the foundation is right on the lot line. He said this was a vacation of the easement. MOTION by Councilman Starwalt to grant the side yard variance�to Richard Miller Homes. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously.. MOTION by Councilman Breider to receive the minutes of the Board of Appeals meeting of April 10, 1973. Seconded by Councilman Starwalt.. Upon a voice vote, all voting aye, Mayor Liebl declared the mok�,on caXr�.ed unanimously. P1ata & Subs.-Str. & Util Subcommittee Meeting April 18,__1973 Page 4 requirements and the change of elevation on thia property, to build one-story han� on this lot would come in the category of low-income housi d this would not iit in wit� the homes in the area either. Mr. Meissner eaid it might be possible to get some riances of the setback requirements so a d�fferent type home could b uilt on this property. � Mr. Drevniak said he would be agreeable to ying this lot far an a�icable price. Mr. Willey said the property is valu e to him as a building site, but if the vacatian ie dsnied and the prop ty could not be built upon, the "fair" grice for an unbuildable aite,,wo not be the true value of the praperty as far as he's concerned. , • MO'�ION by Meissner, second by Engdahl, that the Plats & Subdivisions, Streets & UtiLiCies Subc,ommi" e recoumnend to the Planning Commission denial of vacatiom xequest SAV #7 -OS, by Gilbert Menkveld, to vacate the public �asement on 67th Avenu� .E. between Anoka Street N.E, and Fridley Street N.E. . to add 3Q feet to t orth/South dimension of Lot 1, Block 1, Oak Grove Addition . �'� Chaixma arris called for a roll call vote. Meissner and Engdahl, aye, Harris an rench aay. . Clark said the Subcommittee could pass this vacation request on to e Plannin$ Commisaion without a recou�►endation. . VACATION REQUEST; SAV #73-06, RICHARD MTLLER HOMES: Vacate the West �: ��'\ one foot of the EasC 5 foot easement of Lot 10, Block 2, Briardale Addition. iJ� � ��-� Mr. Clark said this is a five foot utility easement and we have letters ;!�}- �� • from the three utility companies that they have no ob�ection to this vacation. � 4� The house that was encroaching on the easement has been moved. In case there 1_j is even a three iach error, I think this vac�tion ahould be given to pxotect i�� the futur� buyera oi the home. Mx�. French a�ked if the City had any objection to this easement being vacated. Mr. Clark said there was na objection. MQTION by French, second�d by Meiesner, that the Plats & Subdivisior�s- Streeta & U�il�ties Sut�co�ittee reeommend to the Planning Coumission approval af vaca�ion requeeC, SAV 4�73-06, by Richard �tiller Aamea, to vacate the West one foot af the East S foot easement of Lat 1,0, B1ock 2, Briardale Addi�Cion. Upon a voics vote, all voting aye, the motion carried unanimously. 3. CON3IAERATIO�N OF A PROPOSED PLAT P.S, 4�73-05 DARREL A. FARR DEVELOPMEN CORPORATIO�T; A replat of Block 10, Innsb North Townhouse lst A�ddition. Mr. Jim Loadon was preaent. Mr, Clark said that on ori$inal plat, the lot lines were straight pt� thia b�.ock. They hav uilt the garages in such a way that there will have tP be ,a jpg line to oqpmoda�e the garagea. Adm�nistra�ively, we have no Planning Commission Mee�ing - April 18z x973 Page 12 MOTIQN b� Min�sh, seconded by Harris, thaz the � ning Commission continue vacatio� requesC, SAV ��73-05, by Gilbert Menkveld o vacate the public easement pn 67th Avenue N.E „ between Anoka Street N,�, d Fridley Stxeet N>E „ to add 30 feet to the NorCh/South dimension of Lot ,�lock 1, Oak Grove Addition to Fr�dley �a��, until May 9, 1973, due to e number of questions that need amswers before a decision can be made Upon a voice vote, a�� voting aye, the mot�on �arr�ed unanimously, Mr. Fitzpatx�ck said he uldn't want this item back on the agenda until we have answers to the que ions,raised tonight, Mr. C�ark aaid l�would talk to the Ci�y Attorney, r '� 7., VACATION REQUEST: SAV '`73-06, RICHARD MILLER HOMES: Vacate the ��" West one foot of the ��:t 5 foot easement of Lot 10, Block 2, Briardale '///////�J�J�J�7'�1 •yIJ�.�, C��ddiCion. J � FJ }� S r_. �{p , Mr. Glark said the hou has be�n moved but he thought the vacation shou�d still be Frpcessed j � in case there was even an inch error, to protecr � the futu�e buyers of the hc ... If a survey should shaw a small part o£ the house was built on an easem��t it might be di�ficult to get a mortgage commitment Mr. Mi�nish sa�d aC the time the variance was granted for this house, they d�d hava letters ��'om Che three utility compan �es saying they had no obaeetion Ca the vacation being granted. I�r. Ha��is sa�.d the Flats & Subdivisions-Streets & Utilities Subcommittee rec4mmended that the vaeation be granted. � Chairman �ri.ekson asked if this was a drainage easement a1so. Mr. Clazk $aid it was buz th�y would sti11 have nine fe�t, �'IOTION la}� Minish, a�conded by Harris, that the �'lanning Commission recammer�d ka Council approval of vacation request, SAV ��'73�06, Richard Mi.l�.er �IQme�� to vaca�e the West one foot of the East 5 foot easement of I�ot 10, $�.ock 2, �riardal.� Additi.on. Upon a voice vote, all vating aye, the motiaa car�i.ed unan�.maus 1� , $, R�PORT QN RUSTX WATER Mr. Mi.n�.sh said wher� we first started pux ussion on the Comprehen��ive Fi.�n, � rais�d the queation about what � be ved to be a problem we had �ith c►ur water, I was tald by Mr, Qux�eshi. we had all th�se ixon removal p�.ants and that dA�sn't s�e to be ths cas I'm sur� w� are not th� only household �n Fri.d�.ey to have problems w' rusty water, Tt �us� seems �o me that thi.s was a�?�oblem that shoul,d ve a 5olutivn and as �ar as I'm concerned the problem i�as not fi�e�z� ved , I cannot tell, �ram th� memo we have in our a�,er�dr� �f we w�1,1 �r bs rid of the problem. Mr. � zpatricl� said it sounded like they were building s4mething out p� pax th�y re��iv� biC by bit. Mr. Minish said it spunded 1i�ke we were a � vnd�ra�e muni,c�.pal�.ty. THE MINUTES OF THE REGULAR COUIVCIL MEETING OP MAY 7, 1973 PAGE 5 UBLIC HEARING ON REZONING RE UEST ZOA ��73-OS BY ROBERT SCHROER GENE Y L ATED BE'IWEEI3 79TH AVENUE AND 81ST AVENUE ON THE WEST SIDE OF T.H. 47: MOT.I�`T_ Councilman Utter to waive the reading of the public he�+Y'ing notice and open the blic hearing. Seconded by Councilman Starwalt. Up '� a voice vote, all Voting a e, Mayor Liebldeclared the motion carried unan' ously and the public hearing opened t 8:17 p.m. Mr. Clark said the i em had been before the Planning ommission about a month ago. He said the area 'nvolved was between 79th a 81st avenues and is the front 2/3`s from M-2. to and the rear portio rom M-2 to R-3. Mr. Clark said an extension of Ranche Road N. would d' ide the two areas. Mr. ClaXk said he believed the hearing o the matter the change to R-; should be delayed until the completion of the comp hensive lan. He said if Nir. Schroer wanted a� answer on the zoning change, it ou be aenied at this time. Mr. Clark :s��.d it was his impression that Mr. S roer had agreed ta delav any action on t�.e i�ortion to be changed from M-2 o R- Pfir�. Schroer said there are peop e cominK in�o the .�rea and questiuning the pos- sibility of acquiring land fo busines�es. He id he feared if tfze land is not provided for them they will go into other areas wi h their development. Mr. Schroer said the area is ecoming more desirable bec use of the construction of the Northtown Shop��ing nter. ' Mayor Liebl said th City would have to check the Comprehe ive Plan and also check with the Met o Sewer �oard. Mayor Liebl continued it i the purpose of the plan to give eno gh notice for development and the Comprehensiv Plan provided a guide. Mr. chroer said I�e thought ttiis was an excellent way t provide a guide to get he necessary input. MOTION by Councilatan Breid��r to close portion of ttle Public Hearing deal g with the rez ing request by Mr. Robert Schroer dealing with the change from M- to C-2 a dealing with the other portion from M-2 to R-3 at the meeting of May 14, 973 along with the Public Hearing on the Comprehensive Plan. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Lieb1 declared e motion carried unanimously and a portion of the public hearing was closed �t 8:24 p.m. •�-,� �' PUBLIC HEARING ON VACATION REQUEST, SAV �k73-06, BY RICHARD MILLER HOMES TO VACATE L J ONE FOOT OF A TEN FOOT UTILITY EASEI�NT ON LOT 10, BLOC'K 2, BRIARDALE ADDITION, F�:�a 1653 BRIARDALE R�AD• MflTION by Councilman Starwalt to waive the reading of the Public Hearing notice and open �he public hearing. Seconded by Councilman Utter. Opon a voice vpCe, a11 voting aye, Mayor Liebl declared the motion carried unanimously and �he Publi.c Iiearing opened at 8;25 p.m. irTx. Da�r�;1 Clax1� said Mr. Richard Miller had located the foundation into the ease- ment and a variance was requested. He added, the home builder could not wait and the wall was moved over and is no longer within the easement. Mr. Clark said he bel�eved this should be taken care of any way in the case that a future owner c�f �he pxaperty was to question the vacation, Mr. Clark said the Cit�•• had re- eeived l�:tters from Minneapolis Gas Company, Northern States Power Company and Northweatern Bell Telephone Company all stating they have no objections to the vacat�on af the easement. THE MINUTES OF THE REGULAR COUNCIL MEETING OF MAY 7, 1973 PAGE 6 MOTION by Councilman Utter to receive the letters from the Utility Compan}�s stating they have no objections to the requested vacation. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor �iebl declared the motion carried unanimously. MOTION by Councilman Starwalt to c�ose the Public Hearing. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and the Publi� Hearing Glpsed at 8:27 p.m. _ OR�ANCE #536 - RELATING TO THE SALE OF REAL ESTATE rTmv �D BY THE MOTION b Councilman Breider to waive the reading f the ordinance <�:nd adopt e secflnd reading of Ordinance #536 r ating to the sale �:�� real esta owned by the City. Seconded by,� ouncilman Utter. `�:='�on a voice v e, all voting aye, Mayor Liet�,i declared the motion �.��rried unar�imou ly. CH.ANGE ORDER G-3 AN�.,E-2 ON FRIDLEY MUNICIPAL LIQUOR STORE AT 6� . H. 65: , Councilman Starwalt aske the City nager to explain the matter. The City Manager said when he pla s were originally drawn up there was not a set allowance for e c nstruction of a permanent sign. He said at that time it had no een determined if the sign should be free standing or on the bui ' g. He said there had been an allotment made to the general cont actor for a sign and this should be deducted at this time an the amo nt that is needed for the electrical contractor to i uminate t planned sign should be added to the electrical c ntractors fee MOTION by Councilman S arwalt to approve C nge Order G-3 deducting $380 fram the General Contractor and Change der E-2 adding $794.47 to the project pric of the electrical contrac r. Seconded by Councilman Breider Upon a voice vote, all voti aye, Mayar Liebl deGlared t motion carried unanimously. NEW BUSINESS: C(JNSIDERATIQfii OF REQUEST TO HOLD MEMORIAL DAY PARADE - FR�pLEY V.F.W. �''irZ��^ ��x � MQTION y Councilman Breider to approve the request and ask the`��,. Fridle Palice Department to assist if necessary. Seconded by Coun 7.man Starwalt. Upon a voice vote, a11 voting aye, Mayor Liebl dec�.ared the motinn carried unanimously. 0