AF-V - 43718,. ':��.r�w� - a; c� y�d
SUNJEGf
�;ity c>�' �i r������y
��� AT THE TOP QF 7HE TN/INS I O TO BOARD OF APPEALS
,,�, . APPLICAT N .
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� � C01dMUNITY DEVELOf'MENT DiV. �
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r � � Pf�OTEC7IVE INSPECTION SEC.
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� � ��"t � CITY HALL FRIDLEY 55432 r+UMriER R[V. DATE ancE oF APPqOVED VY
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910-F23 1 3/21/75 1 2 800
H�� Address Phone
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Legal. Lot No. Block No. Tract or Addn,
Description � Z Z ,prri,g �//,�,� �S �T�
Variance Request(s}; including stated hardships (attach plat or survey of property
showing building, variances, etc., where applicable)
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Meeting Date �ee
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Comments & Recommendations by
the Board of Appeals•
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R�e�ceipt No.
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I Date
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>ignature
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_ r'l� ,rl n r� � i� o � 1) ._ !1 i�l ✓`� ./1� � 0 r•a� o a
City� Council Action and Date
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SUNJtCf ' �
� , �:i.ty c��' �� i•icll��y
�� AT YHE To� �F THF T�,�NS APPLICATION TO BOI�RD OF APPEALS
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� �' COMMUNITY DEVELOPMENT DIV. � St a f 1 Rep o r t)
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r � � PROTECTIVE INSPECTION SEC.
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� � -�; r'�-1, � CITY NALI FRIDIEY 55432 NUMHF.H HEV. UAfE i'AGE OF APVNOVtU dY
�--- '� 612•560-3450 910-F23 1 3/21/:'S 2 2 800
� Staff Comments '
Board members noiified of ineeting by �Ceiv� -%, �c/ �� List members,
date notified, and "Yes" or "No" for plans to attend hearing. " Plan
F'� _ Name I Date I To Attend
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���i✓YL� ��%�Q.,�'1''Lk.��
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Pearson making appeal and the
feet notified: �
. Name
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o rnn� � � '% i
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property owners having property within 200
By Whom
Date Phone or Mail Notified
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OFFICIAL NOTICE :
CITY OF FRIDLEY
PUBLIC HEARING
BEFORE THE
APPEALS COP�MISSION
TO WHOM IT MAY CONCERN:
NOTICE IS HEREBY GIVEN THAT the Appeals Commission of the City of Frid2ey
will meet in the Council Chamber of the City Hall at ?:30 P.M. on Tuesday,
January 13, 1976 to consider the foZlowing matter:
A request for a variance of Section 205.053, 4,
B4, Fridley City Code, to reduee the side yard
adjoining an attached garage from the required
5 feet to 4 feet, to allow the construction to
continue of a house and garage, located on Lot .
22, Block 2, Fiarris Lake Estates, the same being
1651 Camelot Lane N.E., Fridle�, Minnesota.
(Request by Rottlund Company, Inc., P.O. Box
32082, Fridley, Minnesota 55432.) �
Anyone who desires to be heard with reference to the above matter will be
heard at this meeting.
�aILLIAM A. DRIGANS
CHAI RMAI3
APPEALS COMMISSION
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THE MINUTES OF THE APPEIIIS CQPU^.ISSION SUBCQMMITTEE MEETING OI' �UARY 13
The meeting was called to order by Chairman Drigans at .40 P.r1.
MEMBERS PRESENT: Drigans► Gabel., t�7ahlberg -
MEMBERS ABS�IVT: Ker,►per. Plemel
OTHERS PRESENT: Howard Ma.ttson, Planning sistant; Ron Holden, Building
. . Inspection Officer
MOTION by Wahlberg, seconded by
December 3Q, 1975 r.iee�ing as wr
the motion carried
1976
1, to approve the minutes of the �
. Upon a voi�e vateF th�re being nca nays, -:
Chairman Drigax�s explai that the Council approved th� changes in the
variance procedure a]. wing the Board to have �ina]. action on the R l variance
requests bu� tha� is praceduze woulc� not be legal.u�tal 15 days af.�ex . :
publieation af e ordinance which wou�.d be January 29�h.., He �'��:��d �hi.s
next reques�. uld stil.� follaw the regu�.a� pro�eciu�� of goa.ng ta the Cit� �
Counci.l =.�gl� the Planning Gpzr.missa.on, an�. �.h� applican� ha� }�een informed:
of this
A RE UEST FOR A VARIANCE QF S�C'I'TOId 205.053, 4, B4, FRIDT�Y CTTY �QIIE, TO :
REDUCE THE SID� YARD .�1DJQINING AN AZ'TACEiE:D GARAGE FROM TIiE REQUT�11 5 F�ET Tfi s
4 FEET, TO ALLO�a THE CONSTRUCTYOr1 i'O CONTINUE O�' A H(3USE ANB GARZ�G�; LOCATED
ON IAT 22, BLOCi� 2, HAR}:2IS LAY.E ESTATES, THE S�ME BEINri 1651 C�'�4EZOT I�ANE N.E._ r
FRIDLEY � P9IPINES�'Z'A. (RE�UEST $X ROT'1'LUND CO. � INC � P.O. BOX 32082 � FRIDLEY �
MINNESOTA 55432.)
� MOTION by Ga!;elj secanded by taahlberg, to open the p�lic hearing� Upon a
voice vote, all voting aye, the motion carried. -
Mr. David Ratter, Vice �resi.dent c�f �tott;l.�.nd Corapany, was prese*�� to prese��
the requeste .� verifying suxvey of the founc�a.i�a.on was sx�a� tc� tlze Boar�.-
Mr. Rotter explained the reason they need•the variance is siunply because they
made a mista.ke which was discovered when the verifying survey was made. He
stated that ar� this lot, they haci run in�.a bad sail that, had ta be excavated
out and pushed of£ to the side. He sai.d the bad saiT i.s usua�.�:y pi3.ed and then
used to backfil� around the f�undation. He explained -�a�.l�eca�se of the piled
dirt, fihe �oncrete men �ook the m�asurement �car the placemen� of the house of£
from the west property line whirh ended up wi�h the garage 1 foot too close t+o
� the east gropezty Iine and al.so the structure was cocked an the �ot. Mrs.
Wahlberg asked what the side yard measurement was �n the west side and Mr. Ro�:ter
said that from the front of the structur� it was 12.75 feet and 12.52 feet on the
back.
Chairman Drigans asked if tne soil conditi.ons in this area will warrant a lpt
of excavating and filli�g. Mr. �etter said i� this particul.ar area i� is hard
to tell until you start digging. He a dded that on this lot they ran into peat
and arganic material and th�y had to excavat,e out approximately 14 fee� deep ,
and 40 feet wic2e.
' Mr. Mattson stated that under th�se circumstar_ces, the sta.ff fel.t it was quite
ieasible that a mistaice oi a foot could be made.
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k._ The Minutes oi the
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s Commission
Ch �
ttee
of�January I3, 1976
, airman Drigans asked if there isn t some way tha� the City can control this
type of problem occurring as this has happened twice in the last month. Nt�.
Mattson said if the variance was of a greater magnitude the Board cauld have
the.contractor move the structure to be in compliance witit the Code. •
Mr. Tom TurgeoM, 1650 Camelot Lane, stated he lives across the street from
this house, and he was worried that the houses would be getting too close
together which would bZock his view of the lake. Mrs. Wahl�erg asked if the
lot to the east is built on and Mr. Rotter said it was vacant. Mr. Turgeon
said the way the lot line is s�aked out, it looks to him like the garage is
right on the Iinea He said if the lot to the east was built on with the
garaqe next to thi.s lot line, the struetures would only be 9 feet.apart, Mrs.
Wahlberg stated �.h�t for fire purposes, the City does no� allow structures -
to be buil� too clos.e together. Mrs. Gabel added that if the property awne�
of the 1.at tc� th� east wanted to build claser ta the lot line than the Cade
requir.ed, he c�u�.d hav� to ask. �or a variance and the surrounding prap�rty
owners would be nati�ied.
MOT�t71� by� Wal�l:b�rgo seconded. by Gabel, to close the �ublic hearing. Upon a'
voice note, ther� being no nays, the mQtion carried.
Chaix°man I��iqar�� �aid th� Pa�dsk��.p zs tha�. �.he founda,tion is in, laut he add�d
this is c+n�,�r a t�i.nc�x� �rarian�e and the Board ha� agproved other variances of
this typea H� adc3ed that what concerns iia�r� is �t:hat �his is hagpening in this
area. He felt the ac�ini,stratian should watch this area and to stress the �
importanc� of correct measuremen�.s. �
Mrs. Wahlberq said she felt that the administratia� should check the staking
far the footings, as if this is correct, everything else will fall into place._
Mr. Mattson saa.d it is up to the cQntract,or to check the measur,ements to make
sure they m�et the ��scie. He �dded that certain �c�nt�actars ax� watched �cla�er
tnan.others.but he added that the Ro�.��.und Company has not had this happen
before. Mr. Malden stated that'a house can be staked out 3 different times
on a 1ot where soi.i conditions are found to be bad, and it would be almost
impossibl.e for the staff to go out everytime to check this plus going back `
for the £oating inspecti.an.
MOTION b� Wahlberg, seeonded by Gabel, to recommend approval of the variance
-. for a side yard setback fmm 5 feet to 4 feet, to al.low the construction of
a house and garage. Upon a voice vote, there being no nays� the mation "
carried.
2. DISCUSSION ON ORDINANCE #606
Chairman Drigans asked if the Council had changed anything co Efxiing the
Appeals Commission procedure other than act�on on R-1 va ' nces. Mr. Mattson
said they had not changed anything, they just added ragraph 2 under section
6.147 for clarifi�ation. A1rs. ��ahlberg asked was meant by subparagraph
A under this paragraph which read "A. The lic policy which is served by the
requiremEnt." Mr. Mattson said this ' what the staff would work out. He said
it would.be an explanation of the quirement of the Code and why the Ci�y is
requiring it, for example the foot setback and why the City requires 35 feet
instead ot allowing the ses to be staggered. He said in cases where it can
be specifically defi , the staff will deal with it as best as they can.
Chairman Drigans ated the Council added tiiis section to the ordinance but they
never serit t' addition back to the Commission ta exPlain their intent before
they app ed the ordinance. He added that he felt this subparagraph is asking;
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T!i[ MIPlU�(ES GF TI!F (?EGI;LAR h1ECTING OF THF (=RIDLE:Y CI7Y COtIIiCIL OF fFDRUPcRY , 197f
The Re�ular 1leeting af the (Y•ldl�y City COUr1Ci1 of Febriaary 2, 1976 was a}led
ta order at 7: �0 P.P•1. by hia,yor Nee.
PLFDGF OF AI LEraln��c�-: r�iavr�i• P�ee aielcomed those present and invit them to join
Lhe Coui�cil in sayiriy t!�e P?edge of Aileg�iaiice tu il�e Flag.
ROLL CALL:
• ME(•iGERS i'RESEi�lT: Gouncilman Fitzpatrick, �1ayor t�ee C�uncilr�ar Hamernik,
. f.ouncil�voman Kukc;�sl;i and COliI1C 1i1811 Sturwait.
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� � h1cMf3CRS �';BSENi: None
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AFPROVAL OF MTNU'fES:
REt;ULAR t•tEE'( IIdG, JAilUARV' 19, 1976 ,
6'iGTIOP� by Councilman SF.arwalt to approve the P�nutes af Januar�� 19, 1976 as �
sut�iuitted. Seconde:'. by Council�-;o^ian i:ui:o.�rsk=. Unon a:�o;ce vote, all voting
zye, I�1a�r.r P�e� d�c'iared i:he riotion car•�-ied nanimn;;sly.
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ADOPTIOlv OF A6F�1r�4:
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The PuUTic i•!^r��s D�irector requ�sted a iscussion pertaining to roof 51�:1S for
the Sl��oreweod Shoppin� Cen`,:e�� to be ded to the ucenda. -
r10TI0�V by Councilman Hnm�rri�; to a opt the agenda as amended. Seconded by
Courcil�:�oman Kuko�•rsl;i. Upon a vi ce vote, all vot;r,a a,�e, h1ayor ^iee declared •
tt�2 mat�cln carr:ed unanimously.
OPEf� FORU,?: '
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t!r•. Ed Dunn of �iie Fridle��' 49'?rs Eicent�nnial Come�ittee, ir�vited the staff anu
Councii,to a;�ieecing S�i.ur ay, Eebi°uai°y 7; 1576 at :':G�.�.I1. at i;he Fridley Jr.
ii?yii School. Ne prese��t t�ickets i:o the Council a.lonq tritl� broc�:ures re�,ui:ing
to the To�rr Mc�etir.g. I! said the�� have a ver;� goo�! d,y !.?�'.ar�ned dnd have oi°de��ed
food foa° about 30Q peo e. There has been a lct of �dt't1C1�1d1:�10?i frum a�ll i:he
various bodi�s of Lhe City.
Maycr N�e tltia±�4;ed P+ . Junn in behalf of the Coi�i�cil and said tYiey �+�il? all try
to at�end, and th�, they tiv��a�e a'1 very ei;thusiastic a6out wha� they were driitig,
h1r. Jim Lar:gerf��d pr€>setited iio.^.oi,ar)� certificates to the Courcil and ihe City
Ai:tornFV, V�i�•g�i H�rrick, unc; D�•. Dan Nuff, fcr ��heir dona*icrls to ihe is?ands
of I'eac� fn�• iie?r sale•of u square �aot c�f land, and than4:ed everyone for tr;eir
pariiripat.�io�. �^.r. ::d Wiim�is a�so i:f�anked the C04t1C1� nnd said that a lot of
effor�c i�.s ` er, pizt i:;to this project by a lot of pconi�.
Ms. � at i� :nr,an of th� ! eagu° of :�1o�ner Votei-'.> � reser�tr:d the Ceuncil 4!l �fl a
l:esoluti i-°P�ocl�i:iaticn cf Su�an ,4. f;nthonr !?a;;". She r�equested the Cour�cil
cor,sic;e itiis Proclai��atien of Su�an ;�. ll�,i:r�o:��� Day as Ff:Lrt!a~y 15, 1�76. This
ciay is ,;iie 156�.'+ ar;nivers��ry ef th� biri.L• ��f S,;san ,'. An*"ony; th�� famous�uffragette
1{: ��`..' Ilic`tl"'i:$ t�1P ��,t�l d11111VE'1'�8Y'y' Ot :'il!'lY Or;d^1;:Uti011, S�1('. C?;�)1d7t1('.ii. �'�S.
�Y'ft11 !l i:}1G11 1'�•dt� {:Il� rE?SOIV:',011 proc?air.:i,,g F^::i�uary �S. ���i� i15 �USd(i i. i�(1ti1011j�
��%1V.
h10 IGN Uy Council,r.an Stan;�,�;t t.o acccpL �,nd c�c!r;nt the Re,oliit�o; . Seconded b,y _
C UI1C1�1rdil F1�.Z�7d±1'1Cr:. �iF?pil il VD1C(` YOt.C��clii 'd0'1.i3��J, dY�['.� ��u;}����- (vee declill"E'Ci
he o�ol:ion carric>d u�aninously.
NE1� hUSI�dESS:
(2cCE1VTf1G TfIC P9I��iUi[S OF TNF: P:.11iti`r:i„� C�t;i�l?SSi(�I; I`r.�iI'�;G OF JA!:Ur�RI'�21, 197f:
Ct1I��It1I �'P�1_3:(!dd_Of l�lil_I'f i I ii' S COPs sisc;���' �1 r'I"( `(?F .1� '! ^�f�Y ri , 197G:
�-�' A. ROT?LUtdti C0. , 1Pif,. ,', f!�l CP,hii LO�t U",;.'� � i�,
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� �d01'ION Ly Counci���;��.in I�it:l�.:it.rick i:o s�cc��ivt� Ll�� niir�uCcs� o�� thc� 'i�uu7;ny Cu�nnrissioit
��nd �t:hc �[iot:i'�; o!' I1pE�^al � rui nu lr_. r�f J:�nii �i•�r ;' i, ; Sl J(;. Scr�d��cicd i,y G�>unci llvon!a;�
I:u�:oi�.sl:i. US„�i� a,�c+icc� vot� � all vot�rc� ay�,, '"�,i.,�;:,?- t!cc cleclarc�l Ciic r�otion
carricd iinanimr,usly.
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REGULl1it COUt•�CIL 1�1EETIi�G Of FF3RU/iRY 2, 1976
pnce 1
The Public I�iorks Directcir explained thai; this request by the Rott:�nd !;oripany
is for a variance for a side y��rd reduction from five `e�t to f�,rr fcet, to
ailow i:t�e construction to continue on a hcuse and gai�age �t 1f51 Camelot Lane,
N. [. 1!e further stateci that it should be noted that t!�e ccnstruction at ti�is
point has stopped �•�ith th� plac:ement of the foundatioii in tiie �arare. Ne said
that the garac�e is the only portion inv�lved in this request for a variance.
This request came about wl�en the ver�fication survey took place, as shown on
page 1F in the agenda. The garage v;as constructed too close to the side yard.
The Publ;c lJorks Director said that ��1r. Roy Lund, rep��eseni:ing the Rottlund
Company is present to answer any questions we may have.
F1a��er Plee asked who o;.�ned the land to the east. 4Jas it the developer.
Mr. Lund explained that Tom [3rickner is the owner. Mayor Nee asked if he
a;as awar•e of the petition and P1r•. Lund said thai; he was.
Councilman Starwalt commented that he �vas out to look af the property and
noted that they had to puil a lot of groimd out. He said that he could nat see
the foundation, and that ii; lo�E:ed as thougn it had been filled over. Hc said
he also noticed there �•ras a heavy matting, to preveni: freezing, presumably on
the foundation.
Mr. Lt!nd explained that thE verifiration surve�� �s made after the basement is
backfilled, that is the orl,y �-ray ct�ey can ge': a,: accuraie tapin9. He further
explained that they took out ap��rcximately 6'-, feet of dirt and filled it back and
compacted it. Fle said a lot of excess dirt was left and thEre �vere a lot of
dirt pi�es and the property li�e. to �he east was not really clear. This is
the reason the n�istake was mac;e.
Mayor Nee asked if the footings arere going to be satisfactory in that area, and
Iir. Ltmd replied that ihey :•;ould.
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Mayor Nee asked if there arer�e any further comments. Ne said the Board of Appeals
recommends to grant the variance.
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MOTi01� by Ceunci?man Star�valt to grani *he varia�;ce to i�educe the side yard �
adjoining an attached narage frem the required five feet to fcur feet. Seconded '
by Councilwomatr F:uke�,rski. Upon a voice vote, all voting aye, �layor Nee de-
clared the motion carried unanin�ously.
2. LEROY HALl1PTZOK: ZONING ORDINA?!CE A.MEi1D�1E"JT ZOA '!75-07, i24�.73'2 Ave.
TIOh by Councilman Star�ti�a7t to ho]d a Public Hearing I�!eeting on this item hlarch
8, 9�6. Seconded by Coiuicil�•aon;an Kukowsl;i. Upon a voice vote, all voting aye,
Mayo Nee declared the motion carried unanimously.
t�layor Ne asked ih�� Publ,�c lv'orks Director if I,e �-�as prepai•ed to er.�lain this
request. e Public t•!orks i�irector said bas�cally, this is the westerly porticn
of Lot 1£3, ock 2, Central Viei�r i�ianor Addition from Central A��enue at 73'-�. Tt
is the proper directly across the street from Central Auto Parts. This �•�as an
existing residen ial str�kcture. The �ntent. of the petitioner is to take this
residential d�•�ell� and use it for disbursing or se�ling antique and classic
auto parts. 7hi� pr erty is :oned C-1S, and in order to operate what they
classify as a junk ya� it has to be rezoned to ii-1. Tl�ey are requesting a
S�ecia} Use Permit for th The recomn;endatinn of Ch� Planri�g Commission �s
to approve Che rezoning �:�i� he stipulai:ion that t.he pa��cel of property, Lot 17,
dir2ctly west, be inrluded in �. is r•�zonin��. At th,e pres��;* time, the en�iru
por•tion is roned id-1 ai�d ����ithaG� .`e stipulation rtni�ir-iiig LoL �7 to be rezo�•�^c!,
tf�ere would be a smali con�;nercial io in tl�ere �;hich 4vould not be developed. 4!e
are trying to c:ncourag� a t�tal rezonin of this area. This parcel extenc;s frem
73'Z to 73rtl, and does havL cx.istirg singl,. a�nily residents on it.
hfayor Nee asl:ed hoti�� deep this ��roperty is, arzd`t.�c Public k'orks Director said
it is appraximately �71 fect b,y 195 fect. \
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Ma��oi° Nee asl;ed if it was determined as a iunr:yai•d be ise tlze Parts are on the,
<;round oi�tsicie, and if Lhey �,�ere �nsidc�, �ni:ler ruoP, waul it s?:ill t�e considereci ,
a junk yard. He 1=urthcr coni��ir�i�(:�>d thai Cro�;n ,���to is not :o d i•1-1. T},t� Public ,
4!orl;s Jiretter explained l:i�iaC some ��arts irou]ci bc storcd incieo but thcy i���vc � �
oCher p�n�t,, such as fenciers,doors anc! nther large part�, that wo 1 b� stored
ot,tdoors. •
htayor Nec Sd1lI f.I1ilI Il1S feelin� on this is tl�at tve woi.ilci have another acre
a junk yar�l. 3f tt�e �>;�rCs �vci�e kc�pt. inside tiicy would noi. nce�i a Special Use.
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