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r�-�. APPLICATION TO BOARD OF APPEALS
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Lega Lot No. Block No. Tr ct or ddition
Des c o �fJ 1� 3 ' �v � N!J/ � �I�' I'�s
Variance Requested (Attach plat or survey of property showing location of proposed
building, etce, including adjQining pxoperties and ownership within 200 feet of
said propertye)
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Meeting DaLe Fee Receipt No.
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Opinions and Recommendation
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For Above Reco�endation Against Recouanendations
s City Council Action and Date
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Comments by administrative official denying original request for building permiC
or other permit. (To be completed by administrative official. Appropriate Ordinances
and sections of Ordinance to be ciCed.)
Board members notified of ineeting by (��(°, .�> /q����_. List members,
date notified, and "Yes" or "No" for plans to attend hearing.
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OFFI.CIAL NOTICE
CITY OF FRTDLEY
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,
October 15, 1974 to conside'r the following matter:
A request for a variance of Section 205.053, 1B,
Fridley City Code, to reduce the minimum lot area
required, on a plat recorded before December 29,
1955, from 7500 square feet to 6511.9 square feet,
to allow the construction of a dwelling on Lots 30
and 31, Block 7, Spring Brook Park Addition, the
same being 7998 Eas� River Road N.Eo, Fridley,
Minnesota. (Request by North Metro Construction,
5203 Central Avenue NeE., Minneapolis, Minnesota.�
Anyone who desires to be heard with reference to the a.bove matter will be
heard at this meeting.
WILLIAM Ae DRIGANS
CHAIRMAN
BOARD OF APPEALS
,�.�
Page 8
The Minutes of the Board of Appeals Subcommittee Meeting of October 15, 1974
' Chairman Drigans said he would prefer if Mr. Barker would negotiate with a buyer
' to find out what type of house is to be built and see if any additional variances
�� are needed. He added that when an item has to come back to the Board, the applicant
is taking up the Board's time twice and also asking the adjoining property owners
to come back twice.
Mrs. Gabel stated that if the Board were to deny this variance, the same variance
could not come back to the Board for 6 months.
Mr. Barker said he planned to build a 22� foot x 40 foot dwelling that would meet
all the Codes. He said it would be a tight fit on the lot but that it would fit.
MOTION by Crowder, seconded by Gabel, to table this item until the petitioner can
present a plan of the house oi the lot that either does or does not need additional
vaxiances. Upon a voice vote, there being no nays, the motion carried.
Chairman Drigans added that if the house needs other variances, that new notices
be sent out to the adjoining property owners.
a�� 6. A REQUEST FOR A VARIANCE OF SECTION 205.053, 1B, FRIDLEY CITY CODE, TO REDUCE THE
� MINIMUM LOT AREA REQUIRED, ON A•PLAT RECORDED BEFORE DECEMBER 29, 1955, FROM 7500
�UARE FEET TO 6600 SQUARE FEET, TO ALLOW THE CONSTRUCTION OF A DWELLING ON LOTS
30 AND 31, BLOCK X, RIVERVIEW HEIGHTS, THE SAME BEING 600 CHERYL STREET N.E.,
FRIDLEY, MINNESOTA. (REQUEST BY iVORTH METRO CONSTRUCTION, 5203 CENTRAL AVENUE N.�.,
MINNEAPOLIS, MINNESOTA. 55421)
Mr. Dennis Barker was present to present the request.
MOTION by Plemel, seconded by Crowder, to waive readi.ng the public hearing notice.
Upon a voice vote, there being no nays, the motion carried.
Mr. Clark Nason, 614 Cheryl Street, and Mr. James Anderson, 609 Chergl Street,
were present to voice their objections.
Mr. Barker said he proposes a 36 foot by 24 foat dwelling on this lot. Mr. Anderson
questioned the elevation of the ba.sement floor to the street. Mr. Barker said tne
elevation would be whatever the City requires.
Mr. Ma.ttson said this property is also in the flood plain. The present street
elevation by this lot is 6 feet lower than the 100 year flood plain and the house
will have to be positioned 2 feet higher than this measurement so it will have
to be raised approximately 8 feet. Mr. Anderson commented that it will be a weird
house if it sits up that high. Mr. Mattson added that there could be some variation
in the 8 feet if the house is waterproofed.
Mr. Nason questioned the amount of fill required. He asked how Mr. Barker will be
able to keep all the fill on his lot.
Chaixman Drigans stated that this Board only acts on the variance. He said the
elevation and drainage will have to be checked by other City departments.
Mr. Nason also asked about the two vacant lots (Lots 28 & 29) next to this
property. Chairman Drigans asked Mr. Barker if he had tried to buy these lots.
Mr. Barker said he had contacted Mr. Kotzer, the owner of the lots, and Mr. Kotzer
had told him the lots had gone tax forfeit. Mr. Barker said he then called the County
and was told the lots were tax delinquent but they were still redeemable by the owner.
The Minutes of the Board of Ap�eals Subcommittee Meeting of October 15, 1974
�
Page 9
J
e Chairman Drigans noted that Lots 28 and 29 are both 25 foot lots and the two that
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' Mr. Barker own are both 30 foot lots. This would make 110 feet if they were
combined.
Mrs. Gabel asked Mr. Barker if he would be willing to buy the adjoining lots if
he could get them. Mr. Barker said he didn't think so because his buyers for the
house do not want a garage and with that big of a lot, it is required to build
a garage.
Mr. Crowder asked Mr. Nason if he would be willing to buy the lots and then sell
10 feet to Mr. Barker to give him the minimum lot area. Mr. Nason said he
would if the price was right. Mr. Nason added he did not want to see this house
8 feet above his house. Mr. Barker said he thought he would go with the water-
proofing requirements, if possible, rather than the high elevation.
Cha.irman Drigans stated the Board's policy has been to deny the variance when
there is additional property to acquire. He said some agreement could be worked
out between Mr. Barker and Mr. Nason and the owner of Lots 28 and 29. He added
a denial of this variance would require the applicant to wait 6 months before
coming back to the Board with the same request.
Mr. Plemel stated that it might be more feasible to see if a building permit
could be issued on this lot and if Mr. Barker could comply with all the flood
plain requirements before acting on the variance. Mr. Barker said he would agree
with this and would prefer the Board to table the item.
MOTION by Crowder, seconded by Gabel, to table this request until the petitioner
comes back with more infortt�ation on the adjoining lots (Lots 28 & 29) and with
information on what has to be clone to comply with the flood plain regulations.
Upon a voice vote, there being no na.ys, the motion carried.
Chairman Drigans stated he wanted notices mailed out again on this item, when
the petitioner is r�ady to come back before the Board.
7. A REQUEST FOR A VARIANCE OF SECTION 205.053, 1B, FRIDLEY CITY CODE, TO REDUCE T:iE
MINIMUM LOT AREA REQUIRED, ON A PLAT RECOi�DED BEFORE DECEMBER 29, 1955, FROM 7500
�UARE FEET TO 7358.4 S UAP� FEET, TO ALLOW THE CONSTRUCTION OF A DWELLIPdG 0�1
LOTS 25 AND 26, BIACK 11, SPRiNG BROOK PARi: ADDITION, 'i'LIE SANIE BEING 200 ELY
STREET N.E., FRIDLEY, MINNESOTA. (REQUEST BY NORTH METRO CONSTRUCTION, INC.� 5203
CENTRAL AVENUE N.E., MIDINEAPOLIS, 1"IINNESOTA.)
Mr. Dennis Barker was present to present the request.
MOTION by Plemel, seconded by Crowder, to waive reading the public hearing notice.
Upon a voice vote, there being no nays, the motion carried.
Mr. Crowder asked if the alley along the back lot line has been vacated, because
it it was, he would have enough lot area. Mr. Ma.ttson said the alley has not been
vacated.
Chairman Drigans read a letter from Mr. Edward Bishop, 212 Ely Street N.E., which
stated his objections to the variance.
MOTION by Crowder, seconded by Plemel, to receive the letter fram Mr. Bishop.
qpon a voice vote, there being no nays, the motion carried.
B. H. BRADLEY
CIY/R 6NOINH6R AND BURVEYOR
9828 -24TH AVENUE SOUTH
MU�AIBAPOI-�8. MINNEBOiA 88L0!
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BOARD OF APPEALS
ITEIN #6
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REGULAR COUNCIL.MEETIN� OF OCTOBER 21, 1974
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EAST FRIDLEY, MINNESOTA. (RE UEST BY NORTH METRO CONSTRUCTION, �INC., 5203 CENTRAL
U :;' P S;'
Councilman Nee said he had looked at this area and the group of sites, and
all of them have problems. He said he was not prepared at the current meeting to
recommend any action. He further pointed out that all of the sites had some
objections from the neighbors, and some of the objections were valid ones. He sited
as an example that on one of the lots the applicant would be able to purchase
another lot and build without a variance. He also pointed out that the lots had
been in a position where the adjoining property owners had wanted to buy them
to increase their own yards.
Councilman Nee said he would like to see the property owner try to sell the lots
to the adjacent property owners and come back after this time. He said he
thought some of the people were interested in this.
Mr. Bill Erickson, 650 Ely Street, said at the�ime when his home was bui]t, it
had been determined that it was o nly possible o bui7d on a lot 75 feet in
width and his builder had to plan accordingly. He voiced opposition to the grant-
ing of the variances at this time to allow building on a 50 foot lot.
Mr. Dennis Barker, representative of North�'�letro Construciion, sa�d the people
had a chance to buy the lots for years. He thought they had used ihese lots
as part of their yards for years, free of charge.
Mrs. Edward Bishop, 121 Ely Street N. E., said she had called Mr. Barker last
year and asked if it was possible to purchase the lots and was told no.
The Public Works Director asked if this item is tabled, would this mean that
all five of the requests are tabled.
Councilman Nee said he would like the matter resolved within the neighborhood.
He added, if the neighb�rs would not object, they would be sympathetic to the effort.
Councilman Nee asked if the applicant planned to build this year.
Mr. Barker said they had planned on building this year.
Councilman Nee suggested this item be brought back in a month or so when the
plans may be resolved. He stated they would talk about this one month from the
present time. .
MOTION by Councilman Nee to table any action on the request until a month from
the present time. Seconded by Counci7man Starwalt. Upon a voice vote, all voting
aye, Mayor Liebl declared the motion carried unanimously.
FOR A VARIANCE GF SECTION 205.053, 1B, FRIDLEY CITY CODE, TO REDUCE THE
. �.
MOTION by Councilman Nee to table any consideration on the variance request
for one month. Seconded by Councilman Starwalt. Upon a voice vote, all voting
aye, Mayor Liebl declared the motion carried unanimously.
EST FOR A 11ARIANCE OF SECTION 2Q5.053
. �.
This item was tabled at the subcommittee ]evel.
EST FOR A VARIANCE OF SECTION 205.053, 1B
FRIDLEY CITY CODE, TO REDUCE THE
E THE
REGULAR COUNCIL MEETING OF OCTOBER 27, 1974
PAGE 11
Mr. Rotter answered he would ask for the Special Use Permit to start upon
' signing of the lease, he asked if this would be feasible.
The City Manager again expressed the view that the performance bond is required
by ordinance within the City Code zoning requirements.
The City Attorney said the Council should stipulate the amount of the bond.
The City Attorney said this should be in the amount of the blacktopping work.
The Public Works Director said this would be approximately $1,Q00 to $1,500.
The City Attorney said this would cost the applicant approximately $100 to
$150.
MOTION by Counci7man Starwalt to amend the original motion and stipulate that
Mr. Michael Rotter provide a performance bond for the blacktopping. Seconded
by Councilman Nee. Upon a voice vote, Counci7man Utter voting aye, Councilman
Nee voting aye, Councilman Breider voting aye, and Councilman Starwalt voting
aye, and Mayor Lieb7 abstaining, Mayor Liebl dec7ared the motion carried four
in favor and one abstention.
UPON A VOICE VOTE, on the original motion, Counci]man Breider voting aye,
Councilman Starwalt voting aye, Councilman Utter voting aye, Councilman Nee
voting aye, and Mayor Liebl abstaining, Mayor Liebl declared the motion
carried four ayes and one abstaining.
MOTION by Councilman Utter to a71ow the establishment of a Mobile Homes Sales
Operation. Seconded by Councilman Breider. Upon a voice vote, all voting aye,
Mayor Liebl declared the motion carried unanimously.
MOTION by Councilman Breider to receive the Minutes of the Bui7ding Standards-
Design Control Subcommittee Meeting of October 10, 1974. Seconded by Councilman
Utter. Upon a voice vote, all voiing aye, Mayor Liebl declared the motion
carried unanimously.
RECEIVING THE MINUTES OF THE BOARD OF APPEALS MEETING OF OCTOBER 15, 1974:
FOR A VARIANCE OF SECTION 205.053, 4. B4, FRIDLEY CITY CODE, TO REDUCE
The Public Works Director said the Board of Appeals had recor�nended approval
of the variance, which was to reduce the side yard setback from 5 feet to
3 feet. He explained the applicant wanted to install a greenhouse in this area.
Counci]man Starwalt said he had talked to the neighbors and they did not object
to this.
MOTION by Councilman Starwalt to approve the request for the side yard variance
from five feet to three feet to allow the installation of a greenhouse as
requested by Mrs. Betty Mech. Seconded by Councilman Utter. Upon a voice vote,
all voting aye, Mayor Liebl declared the motion carried unanimous7y.
EST FOR VARIANCES OF: SECTION 205.135, 1, E7, FRIDLEY CITY CODE, TO REDUCE
SF7RAC F�R �FF-STRFF PARKTNG_ FR M 9 FFFT FR�M TNF FR�NT I T T F � 7FR
MOTION by Councilman Breider to approve the variance as requested by Michael
Bizal for 7880 Ranchers Road N. E. Seconded by Councilman Utter. Upon a
voice vote, all voting aye, Mayor Liebl dec]ared the motion carried unanimously.
FOR A VARIANCE OF SECTION 205.053, 1B, FRIDLEY CITY CODE, TO REDUCE THE
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, REGULAR COUNCIL MEETING OF OCTOBER 2], 1974
PAGE 13
MOTION by Councilman Nee to table this matter for a period of one month to
allow the applicant and the home owners of the area to come to some agreement.
Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor
Liebl declared the motion carried unanimously.
REQUEST FOR A VARIANCE OF SECTION 205_.053, 1B, FRIDLEY CITY CODE TO REDUCE
�
MOTION by Councilman Nee to table the request for the variance for the period of
one month. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye,
Mayor Liebl declared the motion carried unanimously.
MOTION by Councilman Utter to receive the minutes of the Board of Appeals Meeting
of October 15, 1974. Seconded by Councilman Breider. Upon a voice vo�e, all voting
aye Mayor Liebl declared the motion carried unanimously.
RECEIVING THE MINUTES OF THE ENVIRONMEMAL QUALITY COMMISSION MEETING OF SEPTEMBER 24,
1974.
MOTION by Councilman Breider to receive the minutes of the Environmental Quality
Commission hleeting of September 24, 1974. Seconded by Councilman Utter. Upon a
voice vote, all voting aye, Mayor Liebl dec7ared the motion carried unanimously.
RECEIVING THE MINUTES OF THE CITIZEN BIKEWAY COMMITTEE MEETING OF OCTOBER 2, 1974:
MOTION by Councilman Breider to receive the Minutes of the Citizen Bikeway Committee
of October 2, 1974, Seconded by Counci7man Starwalt. Upon a voice vote, all voting
aye, Mayor Liebl declared the motion carried unanimously.
CONSIDERATION OF A REQUEST FOR IMPROVEP1ENT OF LEGAL NON-CONF�RMING USE AT 218 57TH
P-CACE N. E..
MOTION by Councilman Utter to receive the letter from Mr. Norton Neff regarding the
refurbishing of the dwelling at 218 57th Avenue N. E., dated October 17, 1974.
Seconded by Councilman Breider, Upon a voice vote, all voting aye, Mayor Liebl
declared the motion carried unanimous7y.
The Public Works Director said this was located in Hyde Park. He pointed out that
the structure is in dissrepair and the applicant would like to bring it up to code
to enable him to rent it. .
The City Manager recalled that the applicant had requested that this �ructure be
used as an office building and this had been denied. Now, the applicant wou7d 7ike
to rent it.
The City Attorney said there would not be any Council action necessary to allow the
applicant to refurbish the building and rent it, receiving the request at this time
would be sufficient,
CONSIDERATION OF EMPLOYING AUDITOR FOR YEAR 1974:
MOTION by Councilman Utter to employ George M. Hanson Company for the Audit for
year 1974. Seconded by Councilman Nee.
Councilman Breider questioned the amount of this type of audit. The Finance Director
listed the various costs for the past several years as: $6,100 in 1963, $6,650
in 1972, and $5,500 in 1973. He explained that the lower price was due to the
fact that the City staff had done a great deal of the preparatory work for the audit.
Mayor Liebl said this Company has done a good job,
UPON A VOICE VOTE,�all voting aye, Mayor Liebl declared the motion carried unanimously.
DISCUSSION OF WHETHER THE CITY SHOULD REQUIRE'BIDS = TOWING CONTRACT•
A representative of Shorty's Towing said they did not wish to cancel �he contract, they
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REGULAR COUNCIL MEETING OF OCTOBER 21, 1974
would just like a rate increase.
PAGE 14
The City Attorney addressed the Counci7 and said he had been asked for an opinion
from Mr. Brunsell on whether or not the CIty was required to obtain bids for this
contract and as far as he sees this matter, he thought this had only been a matter
of policy that bids be received, not a legal requirement. He said he still believed
this to be a matter of a policy decision. He said it would be possible to negotiate
with a party or receive the bids.
Mayor Liebl asked if it would be possib7e to negotiate without going out for bids.
He asked if anyone would have an objection to this.
Councilman Breider expressed the feeling that the bids received are often from firms
across town that would not be able to carry on this work. He said he would not
object to the negotiations with Shorty's Towing.
MOTION by Councilman Breider to authorize the Administration to negotiate with
Shorty's Towing for a revised towing cantract with increased rates.
The City Attorney suggested that some of the language in the contract be modified
at this time also. �
SECOIdDED BY Councilman Utter.
The City Attorney said the Council could accept or deny the contract as negotiated.
UPON A VOICE VOTE, all voting aye, Mayor Lieb] declared the motion carried unanimously.
RESOLUTION #120-1974 - CLOSING OUT PERA FUND AND POLICE PENSION FUND AND TRANSFERRING
G L FU D:
� MOTION by Counci7man Utter to adopt Resolution #120-1974 closing out the PERA Fund
and Police Pension Fund and transferring to the General Fund. Seconded by Councilman
, Starwalt. Upon a voice vote, all voting aye, Mayor Lieb7 declared the motion carried
� unanimously.
; ;
RESOLUTION #121-1974 - AUTHORIZING REIMBURSEMENT OF MAINTENANCE COST TO METROPOLITAN
R BOARD:
MOTION by Councilman Utter to adopt Resolution #121-1974 authorizing reimbursement of
maintenance cost to Metropolitan Sewer Board. Seconded by Councilman Starwalt. Upon
a voice vote, a17 voting aye, Mayor Liebl declared the motion carried unanimously.
RESOLUTION #122-1974 -
FINAL
IFICATIONS AND
MOTION by Counci7man Utter to adopt Resolution #122-1974, ordering improvement,
final plans and specifications and estimates of the costs thereof: Water Sanitary
Sewer and Storm Sewer Improvement Project No. 116, Addendum #1. Seconded by Councilman
Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried
unanimously.
RECEIVING BIDS AND AWARDING CONTRACT FOR COLD STORAGE BUILDING:
BIDDER
NAME
Lester Engineering
Building System
Lester Praire, Mn.
Metro Metal Inc.
Minneapolis, Mn.
BONDING COMPANY
Certified Ck.
51 of bid
$634.00
Bid of Bond
of �5
United Pacific
Insurance Co.
BLDG.STZ�
36' X 60'
32' X 62'8" '
(This bid does
not meet
specifications)
COST
OF BLDG.
$12,680.00
$13,955.00
,
COMPLETION DATE
OF CONSTRUCTION
1-30-75
90 days
MOTION by Councilman Utter to receive the bids as listed above and award the contract
to Lester Engineering in the amount of $12,680. Seconded by Councilman Starwalt.
Councilman Breider asked if the proposed construction would include a concrete floor.
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SUBJECT DATE �D � ��
NAME
ADDRESS
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REGULAR SIZE COPIES �_I
For your convenience
when ordering copies,
indicate the number of WALLET SIZE COPIES
copies desired in the
appropriate box for the 5 x 7 ENLARGEMENTS
size(s) you select.
You can get quality work
by Polaroid Copy Service 8 x 10 ENLARGEMENTS
through your dealer or
by mail. 35mm SLIDES��
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