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APl'I,ICATION TO 1'HE BOARD 0� APPFA�,S AND CT7:Y COiJNCIL
FOR SPECIAL USE PERMix, VARIANCE IA1 REQUiF.��IENTS OF
CERTAIN ORUINANCES OF '�� CITI' OF FRIDiEY
(Applicant to complete items 1, 2, 3)
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1. Name. and Address of Applicant �ames W. Lupient ��'
3512 Beldon Dri�re � � �
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2. Legal Description of property (aiso general location, such as;�'north-
east corner of 64th Avenue and 5th StreetCO or 6415 Fifth Street"�
Lot . I17, Block 1 Murdix l�ai�k
Northeea� (iarner 7t� ,Street Northeast
J��� %y�,��xat
3. Describe the variance requested. lattach P1at or Suresy of Proparty
showing location oi proposed building, etc., also adjoining propert3es
and ownership within 200' of said property.)
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4. Comments by administratiue official denying originai request for buildinu
permit or other permit. (Ta be completed by administrative official.
Appropriate ordinances and section of ordinances to be cited.)
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5. Nat3ce of Hearing appeared in Official Newspaper on the following
dates ;__ _ December 8, 196 7 and December 15 , 19�7
(must be at least once 10 days before meeting j• copy of not3.ce to be
aCtachad).
6. Bo�.�d Members notified of rneeting by, mailing of notice - 12-7-6?
(Liat Members, Date Notified, and "Yes" ox "Ydo1° for pl8na to atte�nd
hearing). �
Nam� Dats p9.an -to Attend
��
All members novified by mailing of�notice 12/7/67
7. Perso� making appeal and the following property owners having property
wittein 200' notifie3;
By Phone Notified by
Name DaCe or Mail (Initial)
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__��,� S �� A��,"`� 3512 Belden Drive N.E., A+�ls. 18 M
rq ad ni n i�r,g erar i a=�r� „�, 12-�?-67
See back of app ica ion
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8. The Following Board Membexa and interested parties were present at the
Hear3r�g; December 20, 1967
BOARD t�MBERS
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O�HER PARTiES;
NAME
ADDRESS
9, Opiniona and recomanendations by BO�RD OF APPEALS: December 20, 1g67
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10. Fo� �.bove Recommer.dations Against Recemmendations
IIna.nimous
11. Action by City Coun�il and Date;
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OFFICIAL PUTLiCATZON
OF�'�C7.��.�, �O'T'ICE
C�^lY OF �'�xDLEY
PUBLZC HEA�.TL�7G
BEFOR� THE
SOAP.D OF APPEALS
TO tiVHOM �T I�7AY CONCEP.N :
NOTSCE IS H�RE3Y G.�VEN TT-�AT iclze Bo�rd o c Appeals os the City
or Fridley �aiZl mee4 in �he Council. Chambers or the City hall at
7:30 o'c.lock PoP�... Wed;�esday, Decernber 20, 1967, to consider tl�e
follovaa.ng ma•ctErs:
1e A request for a variance from Sectian 45.282, Ci�y
Code o� Fxidley, Minn�sota �.963, Revised Decerc�er
3l, 19G4�, by waiver of lanc� area rec�uirem�n'cs ior
an ��-3 Dxstric•� iram a r. equ�.red � 7� OQO sc�u�:ce �ee-�
to 9, 948 squ�,re �ee u'4o permi'� , construci:ion oi �our
(ar) 'cwo :�ed-room units o�. Lot 7.7, �lock l, P�turd:i� P�.r}:
Addi•c? on, Axaoka Covn► y, �2innes�ta, same bein� 500
Ch��~i Zane Northeas•�, Fridley, M7 nazeso•�a (Northeast
corner or 7th S�-reet and Chera. Lane Nor�heast)
(Zey;u�s�L by James W. Lupien•c, 35Z2 $eldun Driv� I�eE e,
P�iinneapolis, Siinneso��� 55�'.�1�) e
2. A reqves� for a Spe�i�.l iTse Peranii to construc-� a
serva.ce s-ta�ion on R-�3 ��r�pe-� i y on Parc�1. ;T2554.
NorLneast Corraer o� Osb�rne Roa�c7 and Una.vexsity Ave-
nue No:c'cliea.� ��.s �er Seci;�.�n 4•5 0 0�, 8-�d, Ci•ty Cor�e
o-� Fridiey, Nznneso-ta i 9G3, Revised Decem:�er 31, 1964m
(Request by �erican Oi1 Cara�any, c/o t°7. G. Housenga,
1a05 Melrose Avenue, +l,inne��oli�, Minneso-4a, 55�20) o
Anyane d�sa.ra.ng to be he�rc� c�ith referenee -�o the above
ma�ters will be heard at t'nis mee•L-ing.
PubZishs Decemncr 8, 1967
D�cernber 15, ,�967
Rob�rt E e
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B O�.P.D OF
Ylinen
APPi�ALS
THE MINUTES OF THE BOARD OF APPEALS MEETING, NOVEMBER 29, 1967
The Meeting was called to order by Chairman Ylinen at 7;35 P.M.
ROLL CAI�L
MEMBERS PRESENT: Ylinen, Mittelstadt, Ahonen
MEMBERS ABSENT: Saunders
ADOPTION OF MINUTES, NOVEMBER 1 AND NOVEMBER 8, 1967:
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MOTION by Mittelstadt, seconded by Ahonen, to adopt the minutes of the two
previous meetings as presented. Upon a voice vote, there being no nays, the
Chairman declared the motion carried.
1. A REQUEST FOR A VARIANCE FROM SECTION 45.26, CITY CODE OF FRIDLEY, MINNESOTA
1963, REVISED DECEMBER 31, 1965, BY WAIVER OF FRONT YARD SECBACK RE�iLTIREMENT
FROM 35 FEET TO 23 FEET AND A VARIANCE FROM S�CTION 45.24, CITY CODE OF FRIDLEY
MTNNESOTA 1963, REVISED DECEMBER 31, 1965 BY WAIVER OF SIDE YARD REQUIREMENT OF
5 FEET TO_4 FEET, TO PERM2T CONSTRUCTION OF AN ATTACHED GARAGE ON LOTS 6& 7,
BLOCK U, RIVERVI�W HEIGHTS ADDITION, ANOKA COUNTY � MINNESOTA SAME BEING 725
KIMBALL STREET NORTHEAST, FRIDI.EY, MINNESOTA 55432. (REQUEST BY RUSSELL G
TENNEY, 725 KIMBALL S�REET NORTHEAST, FRIDLEY, MINNESOTA 55432)•
Mr. Tenney was present and presented his proposal. He had a written petition
of acceptance by his surrounding neighbors. No one else was present on this
item.
MOTION by Mittelstadt to accept the variance for the following reasons;
1. There are 12 neighbors which have no objection to the
proposed garage.
2. There would be no obstruction to traffic because Kimball is a
dead end street and the garage would be consistent with the
general appearance of the neighborhood,
The motion was seconded by Ahonen. Upon a voice vote, Mittelstadt, Ylinen and
Ahonen voting in favor, the motion carried unanimously.
2. REQUESTED OPINION OF PROPOSED FOUR-PLEX AT 500 CHERI LANE (LOT 17, BLOCK 1,
� MURDIX PARK�_JArIES LUPIENT:
Mr. James Lupient appeared as a visitor before the board to ask their opinion
of a proposed four-plex at 500 Cheri Lane (Lot 17, Black 1, Murdix Park). He
will need a variance of the minimum lot size in order to build the fourplex.
The board received and discussed preliminary plans and Mr. Lupient was advised
to submit ulans and a request in the normal manner.
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THE MINUTES OF THE BOARD OF APPEALS MEETING, DECEMBER 20, 1967
The Meeting was called to order by Acting Chairman Mittelstadt at 7;30 P.M.
ROLL CALL
MEMBERS PRESENT: Mittelstadt, Ahonen, Minish
MEMBERS ABSENT: Ylinen �
ADOPTION OF MINUTES, NOVEMBER 29, 1967•
MOTION by Minish, seconded by Ahonen, to adopt the Minutes of the meeting subject
to a change in the ro11 call to include the absenee of Mr. Minish. Upon a voice
vote, there being no nays, the Chairman declared the motion carried.
1. A REQUEST FOR A VARIANCE FROM SECTION 45.282, CITY CODE OF FRIDLEY, MINNESOTA
1963, REVISED DECEMBER 31, 1964, BY WAIVER OF LAND AREA REQUIREMENTS FOR AN
'�,,, R-3 DISTRICT FROM A REQUIRED 17,000 SQUARE FEET TO 9,948 SQUARE FEET TO PERMIT
CONSTRUCTION OF FOUR (4) TWO BEDROOM UNITS ON LOT 17, BLOCK 1, MURDIX PARK
'ADDITION, ANOKA COUNTY, MINNESOTA, SAME BEING 500 CHERI LANE NORTHEAST, FRIDLE
MINNESOTA (NORTHEAST CORNER OF 7TH STREET AND CHERz LANE NORTHEAST) (REQUEST
BY JAMES W. LUPIENT, 3512 BELDEN_DRIVE N.E., MINNEAPQLIS. MINNESOTA. 55418):
Chairman Mittelstadt requested this item be tabled until later in the meeting
because the petitioner was not present.
A member of the audience asked for an explanation of the function of the Board
of Appeals. Chairman Mittelstadt gave a brief explanation.
Z. A REQUEST FOR A SPECIAL USE PERMIT TO CONSTRUCT A SERVICE STATION ON R-3 PROPERTY
ON PARCEL ��2550, NORTHEAST CORNER OF OSBORNE ROAD AND UNIVERSITY AVENUE NORTI�EAST
AS PER SECTION 45.08, 8-d, CITY CODE OF FRIDLEY, MINNESOTA 1963, REVISED
DECEMBER 31 1964. (REQUEST BY AMERICAN OIL COMPANY, c/o W G HOUSENGA, 1405
MELROSE AVENUE, MINNEAPOLIS, MINNESOTA, 55426)•
Mr. Housenga and Mr. Brooks were present to represent Standard Oil. Mr. Housenga
presented his companies proposal to the Board. He had three camplete plans,
surveys and photographs of his proposed building.
There was a petition of landowners presented to the Board with 9 families in the
area requesting denial. There was also a letter from Reverend Denyes, addressed
to Mayor Kirkham, requesting denial. Chairman Mittelstadt read the letter to the
members and visitors.
MOTION by Ahonen, seconded by Minish, that the request for a Special Use Permit,
in order to construct a service station on the Northeast corner of Osborne and
University, be denied for the following reasons:
1. There was no reasoning presented why the property could not be used
for its originally zoned purpose of Pti 3 developement.
2. The surrounding property owners, who are represented by the petition
and letter, are opposed to the special use.
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BOARD OF APPEALS, DECEMBER 20, 1967
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PAGE 2
Mr. Brooks at this time made an appeal on behalf of.Standard Oil. He stated
that Standard Oil bought the property in 1958 for the•purpose of putting a
service station on that corner. Then the company patiently waited until the
volume of traffic could support a service station. He also stated that it
would be very difficult to replace the property.
After additional discussion, Chairman Mittelstadt asked for a vote on the
motion as presented. Upon a voice vote, Minish and Ahonen voted yes, Mittelstadt
v oted no. The motion passed.
Chairman Mittelstadt stated that he voted no only to give Mr. Brooks a chance
to meet personally with the petitioners before the Council Meeting of January 8,
1968. '
ITEM 1 CONTINUED - LUPIENT REQUEST: �
Chairman Mittelstadt stated that although the petitioner was still no� present,
the Board would hear the several persons who appeared in opposition to the
proposal.
Mr. Roger Axmark submitted a petition with 19 dwelling owners' signatures asking
for a denial of the request.
Chairman Mittelstadt opened the floor for discussion. The complaints concerning
the proposal were:
1. It would present a parking problem.
2. The driveway would be in a dangerous position near the underpass.
3• The parking would be in line with adjacent front yards.
4. There would be no play area for children.
5. The apartment would probably decrease their property valuation.
6. The proposal is extremely short of the required land area.
Mr:_Minish made a motion to deny the request for the following reasons;
1. The gross nature of the variance.
2. 19 Adjacent property owners are opposed to the variance.
3. The parking would present a problem.
4. There is insufficient play area.
The motion was seconded by Ahonen. Upon a voice vote, Ahonen, Minish, and
Mittelstadt voted yes. The motion was unanimously approved.
ADJOURNr�NT
There being no further business, Chairman Mittelstadt adjourned the meeting at
8:35 P.M.
�tespectfu 1 su�m tt2�;.
F j .
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�✓� V LC'��-' '�' �� �l. �
�an Gas.. erland
' Acting Secretary to the Board
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PETITION FOE DENI�L
, , OF T]�E ��UFST F�� VAR.Ir'�TCE B�r tiY�VTER OF LLirTD 11FtEA REQIIII�z�'� F�R TH� CONST�iJC���?l�i
_ !?F FilU� (.4) T1V0 BEDg1,00� iTNITS ON L�� 17, BLOCg 1, BN�Ig PE'1�I{ 1�DITION ANOS11 COIIr]'1'Y,
ABINN��OTi�i ( CO�R OF ?TlH STI��,T � C�I L� N�I�T�iST, FRIDL �,', �IINN�OTA�
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December l�a 19�7
�Ye tL� undersigned strongly urge the deni�nl of the re�uest o� Ja.mee ?�. Lu�ient
ior a varia.nce from �ection 45.?82 Citg Code oi Fridlep, biinnesota 1983, F.evised
December 31, 196a, by waieer of land area. requirementa ior an R-3 Di9tract f�om a�
required 2.7,000 sc�uare feet to 9,948 ac�uare feet to permit the construction of four
�4> two bedrooaa units on Lot Z7, Blocb� b, Murdig Park �ddition, Anoka County,
L��inne�ota, the eaHae being 500 Cheri L�.ne DTortheast, Fridl.ey, bignneeota (Northeast
corner nf 7th Street and Cheri Lane Northeast�
The said lot of 9,948 equare feet of area is fe.r a�ort of the 17,000 square
�Peet area required by City Code. The constr�etion oi iour �4> two bedroom unite
on said lot �vould not allo�v ior adeqnate parkin� f�.cilities and yard area for the
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Lot 17 Blocta 1 Murdis Park Addition
adjacent property owiaers
532 �i�hw�y 100 NN�", Fridlev. Adinnesota
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OFFICIAL PU�3LICATTON
OFF�C2�.L NOTTCE
CITi' OF FFZDL.t.Y
PUBL�.0 HE.��,RT.ti,7G
BEFOP.� THF'
BOA,R.D OF APP��3r S
TD �VHOP�i ZT bqA.Y COztCEP.N:
NOT2CE TS I�E�B'v' Gi�7E�7' TH�iT zhe Boarc� af Appea�.s o:i the City
o� Frid].ey ��ill meet in tlze Counci.? Chasnbers o� the C�.ty Ha1.i. �t
7:30 o'c�oc;c �.I�e, Z�7ednesday, Decenioe-r 20, 1.967, to consic�er the
following rnatters:
l. A reques•t for a variance from Section 45.282, City
Coc�e oi r ric�ley, Mi.nn�so•�a 1963 , Revised vecen�er
3l, 19G� , by �,�aiver of ].and axea rec�uire�:�n'cs f��
an F'.-3 District from a recju�red 17,000 s�uare :�eet
to 9,948 squ�re fee4 to permit c�ns�ructio:� �i fou�
(4) �wo �ec�room un?ts o�. Lot 17, 31 ock lt P�urc�i� Park
Add�.t?on, �noka Coun�y, .�Zi�nesota, same bEir►r� 5�0
Cheri L�ne �or'cneast, rri.a].ey, ti�l9nnesota {�;�rtz�a.st
corner of 7th Street anc? Che�:i Lane DTorthe�.s�j
(Rec�uest �ay Jar�s y7. Lupie��'c, ' 3512 B�1c!�n rrive i�:.E .,
Minne�.p�1_is, r�innesota, 55�!•18) .
2. A reclt�es-L- for a SL�ecial TTse ?ermit to cons-cruc� �.
service station on R-3 L�ro��e� �y on Parcel ';-2�5Q,
Norti�east C�rner o� Os3�orne r oad and Un�.versity �ve-
nue TTo-r-chea:�t �s �er Sec-ip� on �'r5.08, 8-d, City Coc?e
of Fric?le�r, lViinneso-ca i,9r3, �evised Decen�?��r 31, 1964.
(P.e iuest s�� �merican Cil CoraL�any, c/� �., . G. �-?ousenra�
l�!05 ��Te?�ose �.ver_ue, :-?innea�oli�, lninnesota, 55�20) .
Anyo�ze c?esiring to be iiearu �vith reference �o tZ-!e above
rnaticers wilZ '�e _zea�d at tnis r.�eti�?�.
Publish: Decerci,�er 8, 1907
Decer��.�er J.5, 1957
Robert � .
C;:?f-�IP.i�It��T
�OARD O�
Ylinen
1'iD Py fZLa