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Variance Requested (Attach plat or survey of property showing location of proposed
�uilding, etc., including adjoining properties and awnership within 200 feet of
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Opinions and Recommendation �
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Council Action and Date
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Comments by administrative official denying original request for building permit
or other permit. (To be completed by administrative official. Appropriate Ordinances
and secti�ns of Ordinance to be cited.)
Board members notified of ineeting by ���
date notified, and "Yes" or."No" for plans to a
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- ' THE MINUTES OF THE BOARD OF APPEALS SUBCOMMITTEE MEETING OF MAY 28, 1974
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The meeting was called to order by Chairman Drigans at 7:34 P.M.
MEI�ERS PRESENT: Drigans, Crowder, Plemel, Wahlberg
MEMBERS ABSENT: Gabel
OTHERS PRESENT: Howard Mattson - Engineering Aide
Jerry Boardman - Planning Assistant
MOTION by Wahlberg, seconded by Crowder, to approve the minutes of the
May 14, 1974 meeting as written. Upon a voice vote, there being no nays, the
' motion carried.
�(%�C 1. A�UEST FOR VARIANCES OF THE CITY OF FRIDLEY CODE AS FOLLOWS: SECTION 205.053,
\� 4B, 5A, TO REDUCE THE SIDE YARD 5ETBACK ON A STREET SIDE OF A CORNER LOT FROM
U 17.5 FEET TO 6 FEET, AND, SECTION 205.053, 4D, TO REDU�:E THE BACK YARD SETBACK
ON A DOUBLE FRONTAGE LOT FROM 35 FEET TO 30 FEET, TO ALLOW THE CONS^1RUCTION OF
A GARAGE TO BE LOCATED.ON LOT 1, BLOCK l, MURDIX PARK� THE SAME BEING 688 .
HIGHWAY #100 N E, FRIDLEY, MINiVESOTA (REQUEST BY PATRICIA ABRAMS, 688 HIGHWAY
. #100 N.E., FRIDLEY, MINNESOTA.)
MOTION by Wahlberg, seconded by Crowder, to waive reading the public hearing
notice. Upon a voice vote, there being no nays, the motion carried.
Ms. Abrams was present to present her request. She explained that she has a
double frontage lot between Cheri Lane and Highway #100 and also has Monroe
Street running along the east property line. She said Monroe Street is not an
improved street and they are the only people that use it. She said the land
adjacent to hers, across Monroe Street, is owned by the City and by Target.
She said their garage will face Highway 100 but they will exit onto Monroe
Street. �
Mr. Crowder asked if they presently have a garage and Ms. Abrams said they
didn't, they just pull into the driveway.
Chairman Drigans asked why they want the garage exiting onto Monroe Street
when its not improved. Ms. Abrams stated they can't exit onto Cheri Lane without
cutting down or into a hill and they have just gotten their yard to look pretty
good and they don't want to dig it all up. .
Mr. Crowder asked why Monroe Street has never been vacated. Ms. Abrams said
maybe its because there is a watermain running down the middle of it. She
added that in the 12 years she has lived there, the City has never plowed or
maintained Monroe Street. Mr. Crowder added the 33 feet for this right of way
is a lot of land that seems to be going to waste.
Mrs. Wahlberg asked if the neighbors have been talked to about the variances.
Ms. Abrams said they only have one neighbor and they have no objections.
MOTION by Crowder, seconded by Wahlberg, to close the public hearing. Upon a
voice vote, there being no nays, the motion carried.
Mr. Crowder stated he had no objections to the variances but he felt the
street•should be vacated.
Mrs. Wahlberg stated she felt to require a hard surface driveway would be . '
unfair in this situation but Ms. Abrams said they already have a driveway in,
,out to�Monroe Street, and they will be adding the apron to the eacisting driveway
when the garage is built.
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-�'� The Minutes of the Board of Appeals Subcommittee Meeting of May 28, 1974 Page 2
MOTION by Wahlberg, seconded by Crowder, to reco�¢nend to the City Council,
approval of the variances. Upon a voice vote, there being no nays, the
motion carried.
2. A REQUEST FOR A VARIANCE OF SECTION 205.053, 4D� FRIDLEY CITY CODE, TO REDUCE TFiE
BACK YARD SETBACK ON A DOUBLE FRONTAGE LOT FROM 35 FEET TO 8 FEET, TO ALLOW THE'
CONSTRUCTION OF AN INGROUND SWIMMING POOL TO BE LOCATED ON LOT 7, BLOCK l,
SWANSTROM'S COURT ADDITION, THE SAME BEING 1337 SKYWOOD LANE N.E.� FRIDLEY,
MINNESOTA. (REQUEST BY MR. LEE BRILLS, 1337 SKYWOOD LANE N.E., FRIDLEY, MINNESOTA.)
Mrs. Lee Brills was present to present the request.
MOTION by Plemely seconded by Wahlberg, to waive reading the public hearing
notice. Upon a voice vote, there being no nays, the motion carried.
Mrs. Brills explained'she has a double frontage lot between Skywood Lane and
5kywood Court. The pool will be located in their back yard, 8 feet from the
Skywood Court cul de sac easement.
Mr. Crowder asked why they wanted this large of�a pool (18' x 36') and why it
is to be located where pzoposed. Mrs. Brills said they didn't.know the pool
wouldn't fit on the lot legally as the pool company told them this size pool
would fit on their lot. She said they didn't buy a different shaped pool because
they don't have the depth that this one ha.s and their son is a diver. She said
the location was partially determined.by a tree�;tshat they want to save. She
said it could be moved a little closer to the house, where they now have a
patio, but it still wouldn't meet the 35 foot setback requirement.
Mrs. Wahlberg asked why a pool has to mainta.in the same setback as an
accessory building when it is not a building. Chairman Drigans sta.ted he felt
it was because this will be a permanent structure being that it is in the ground.
Chairman Drigans asked what type of fencing will be provided. Mrs. Brills said
they now have a partial cyclone fence with 9 foot bushes and a partial 6 foot
redwood fence. She said they also ha.ve a gate that will be removed so the only
entrance to the back yard will be through the house.
Chairman Drigans said the Lidberg's, second house to the east, brought in the
public heaxing notice they received and stated they have no objections to the
variance. Mrs. Brills stated she talked to her neighbors and they have no
objections. �
Mrso Wahlberg asked if the pool will be heated. Mrs. Brills said it will be
heated but,it will not have a roof over it, She added they have patio blocks
between the house and the proposed pool that will be taken up and replaced with
cement. She said the dirt that will be dug up will be used to fi�.l where the
soil is eroding between their lot and the neighbors. 5he said the City was
supposed to fix this but they never did.
MOTION by Crowder, seconded by Plemel, to close the public hearing. Upon a voice
vote, there being no nays, the motion carried.
OFFICIAL NOTICE
CITY OF FRIDLEY
PUBLIC HEARING
BEFORE THE
BOARD OF APPEALS
TO WHOM IT MAY CONCERN:
NOTICE I5 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,
May 28, 1974 to consider the following matter:
A request for variances of the City of Fridley
Code as follows: Section 205.053, 4B, 5a, to
reduce the side yard setback on a street side
of a corner lot from 17.5 feet to 6 feet, and,
Section 205.053, 4D, to reduce the back yard
setback on a double frontage lot from 35 feet
to 30 feet, to allow the construction of a
garage to be located on Lot l, Block l,
Murdix Park, the same being 688 Highway #100
Northeast, Fridley, Minnesota. (Request by
Patricia Abrams, 688 Highway #100 N.E., Fridley,
Minnesota.)
Anyone who desires to be heard with reference to the a�ove matter will be
heard at this meeting.
WILLIAM A. DRIGANS
CHAIRMAN
BOARD OF APPEALS
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REGULAR COUNCIL MEETING OF JUNE 3, 1974 PAGE 6
questioned the City Attorney on this point. The City Attorney suggested squaring
away this point before any Council action wou7d be takerr in this direction. The
City Attorney said the State Statutes preempts what the City can do in regard to
the handling of variances.
Mayor Liebl asked if these statutes would direct the action on recommendations
of variances to the Board of Appeals at the present time,
The City Attorney said he did not want to say before checking. He said the question
would be if the Environmental Quality Commission could serve in place of the Board
Appeals.
MOTION by Councilman Breider to concur with the concept of ha�ing the Environmental
Quality Commission handle recommendations concerning billboards and ask the City
Attorney to investigate the feasibility of this proposal and report back to Council
Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Lieb7
declared the motion carried unanimously.
MOTION by Councilman Utter to receive the minutes of the P7ann9ng Commission meeting
of May 22, 1974. Seconded by Counci]man Nee. Upon a voice vote, all voting aye,
Mayor Liebl declared tha motion carried unanimously.
RECEIVING THE MINUTES OF THE BOARD OF APPEALS MEETING OF MAY 28, 1974:
The Assistant Engineer placed a plan of the area on the map for the explanation
of the site.
MOTION by Councilman Starwalt to concur with the recommendation of the �oaY�d:of
Appeals and approve both of the variances as requested by Patricia Abrams for
the construction of a garage at 688 Highway #100. Seconded by Councilman Utter.
Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried
unanimously.
A REQUEST FOR A VARIANCE OF SECTION 205 053, 4D, FRIDLEY CITY CODE, TO REDUCE
THE
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The Assistant Engineer explained this request as a back yard variance reduction
request for the construction of an inground swi�mning pool.
Mayor Liebl stated the Board of Appea]s had recommended approval of the request.
MOTION by Councilman Starwalt to concur with the recommendation of the Board of
Appeals and approve the request for the variance to allow the construction of an
inground swir�ning pool as requested by Mr. Lee Brills, 1337 Skywood Lane N. E.
Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl
declared the motion carried unanimously.
Councilman Breider questioned the intent of the minutes of the Board of Appeals
asking if the variances before the Council at the present time was for the
laundry area only, or was there to be some consideration concerning the reduction
in the parking. He pointed out that the request was to reduce the number of stalls
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REGULAR COUNCIL MEETING OF JUNE 3, 1974 PAGE 5
of succeeding this way than if the City says, this is what we have for you.
The City Manager said he had hoped the Planning Commission would hold the Public
Hearing only if the Council would wish to get into this venture, the Planning
Commission could hold the hearing before the item is reviewed by the Council.
The City Manager said the staff was trying to give the background to the Planning
Commission and they would like some indication on which way the Counci] would like
them to go on this matter at the present time. He said this is a difficult area
with many property owners and some of them have very strong feelings.
Mayor Liebl questioned what direction this would be, and asked Councilm�n Nee
to spell it out. He asked if he wanted some grand urban renewal. Councilman Nee
responded he wanted it to be a workable program and there had not been any mention
of neighborhood interaction, and this is what he would like to include.
Mr. Richard Harris, Member of the Planning Commission, said the Planning Commission
was confused at whai it should do concerning this matter. He said the Planning
Corronission did not know if they are to have a public hearing on this matter.
The City Manager recalled and explained this matter had come up when there was an
item before the Council on 57th and this request was denied. He said during the
discussion on the matter, there was general concensus that the who7e area should
be looked at for future deve7opment and what should be encouraged, He further
explained the staff put together some background material for the Planning Corr�nission.
He said he thought it would be up to the Planning Commission on how far they wanted
to go before having any hearings. He thought if the P7anning Commission were to
have the hearings, this would give the Council more input.
Counci7man Breider said in his mind there was a problem with the development of the
area. He said the people have not come iogether to make the development of the
area worthwhile. He recalled with the development of the telephone building, one
property owner felt he was landlocked. Councilman Breider felt that Counci7man
Nee had a point, and the people of the area should have a chance to voice their
feelings. He said he would like to see how this commercial plan would relate to
the property otvners. He said the people would have to be in a position to understand
the situation and the overall plan and show them their lot lines in relation to the
overall plan. He said this is a very tentative thing, and it would not be
of too much value to have a hearing before the Planning Cortnnission before this is done.
Mayor Liebl said five different plans had been submitted at the time of the
rezoning of the area, and this was discussed for two and a half years. He said
finally there was a plan developed which was acceptable to a great number of the
people. He said it was the recommendation of the Planning Commission to concur
with the plan and rezone with certain stipulations. He further explained the
area has lots which are 40 feet in frontage and the stipulation was not to develop
any parcel less than 200 feet in frontage. He said this what the people thought
was acceptable and practical at the time and the land was rezoned and they agreed
to get together and develop the land for commercial use.
MOTION by Councilman Nee that the Administration prepare some plans for the
development of the area and call in the people of the area and have some discussion
with the neighborhood to get the neighborhood plans and ideas for the overall
development plan of the area. Seconded by Councilman Breider. Upon a voice vote,
all voting aye, Mayor Liebl declared the motion carried unanimously.
REVIEW OF SECTION 205. OF THE CITY CODE:
There was no action taken by the Planning Commission on this item.
SPECIAL USE PERMIT AND VARIANCE CONSIDERATION CRITERIA FOR ADVERTISING SIGNS:
Councilman Breider said he believed that all billboards are environmental concern
and he questioned the possibility of having the Board of Appeals by passed and
having only the Environmental Qual9ty Cor�ission make recommendations to the
Council for billboards.
� Mr. Richard Harris asked if this would be allowable by the City Charter.
Councilman Breider said it may be a matter of law that this cannot be done. he
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