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Record ID 2347657
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STATE OF MINNESOTA ) APPEALS COMMISSION
PROCEEDINGS VARIANCE
COUNTY OF ANOKA )
CITY OF FRIDLEY )
In the Matter of: A Variance, VAR #10-04
Owner: David M. Ostwald and Stephanie A. Osfinrald
The above entitled matter came before the Appeals Commission of the City of Fridley and was heard on the
7�' day of July, 2010, on a petition for a variance pursuant to the City of Fridley's Zoning Ordinance, for the
following described property:
To allow the construction of a detached garage in the "code-required" front yard, legally
described as Lots 17, 18, 19, Block 1, Edgewater Gardens, according to the map or plat on file
and of record in the office of the registrar of titles, Anoka Co., MN, generally located at 6675
East River Road NE.
IT IS ORDERED that a variance be granted as upon the following conditions or reasons:
Approval with four stipulations. See Action Taken Letter Dated July 14, 2010.
STATE OF MINNESOTA )
COUNTY OF ANOKA ) OFFICE OF THE CITY
CLERK
CITY OF FRIDLEY )
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I, Debra A. Skogen, City Clerk for the City of Fridley, with and in for said City of Fridley, do hereby certify that I
have compared the foregoing copy and Order granting a variance with the original record thereof preserved in
my office, and have found the same to be a correct and true transcript of the whole thereof.
IN TESTIMONY WHEREOF, I have hereunto s-�scribed my hand at the City of Fridley, Minnesota, in the
County of Anoka on the � day of , 2010.
DRAFTED BY:
City of Fridley
6431 University Avenue N.E.
Fridley, MN 55432
7
Debra A. Skogen, City lerk
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gRIDLEY MUrTICIPAL CENTER • 6431 UMVERSITY AVE. N.E. FRIDLEY, MN 55432
(763) 571-3450 • FAX (763) 571-1287 • TTD/TTY (763) 572-3534
APPEALS COMMISSION
ACTION TAKEN NOTICE
July 14, 2010
David Ostwald
6675 East River Road NE
Fridley MN 55432
Dear Mr. Ostwald:
On Wednesday, July 7, 2010, the Fridley Appeals Commission officially approved the Variance,
VAR #10-04, to allow the construction of a detached garage in the "code-required" front yard,
legally described as Lots 17, 18, 19, Block 1, Edgewater Gardens, generally located at 6675
East River Road NE.
Approval of this variance is contingent upon the following stipulations:
1. Pefitioner shall obtain all necessary building permits prior to consfruction.
2. The structure shall nof be used for a home occupation or living area.
3. All vehic/es shaU be stored on a hard surface as approved by the City.
4. �Garage shall be architectural/y compatible with the existing home and finished with
complementary siding and color scheme.
You have one year from the date of the City Council action to initiate construction. If you
cannot begin construction during this time, you must submit a letter requesting an extension at
least three weeks prior to the expiration date.
If you have any questions regarding the above action, please call me at 763-572-3595.
Sinc rely,
Stacy S ro e
Planner
SS/jb -- ---- - --- .
cc: Variance File
Mary Fitz�____
Stacy Stromberg
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:�N(aILA COL�NTI" ll•7INNESOTA
Document No.: 502712.012 TORRENS
I hereby certify that thz within instn�nieirt u-as filed in this
office for record on: 09!3012010 2:24:00 PM
Fees/Taxes In the Amount of: $46.00
LARRY t�'. DALIEN
Anoka County Property Taa
�dnunistrator/Recorder�Registrar of Titles
JMD, Deputy
Record ID: 23476i�
_
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C,IZYOF
FR[DL.�.Y
FRIDLEy MLTIVICIPAL CENTER • 6431 iJNIVERSITY AVE. N.E. FRIDLEY, MN 55432
(763) 571-3450 • FAX (763) 571-1287 • TTDlTTY (763) 572-3534
APPEALS COMMISSION
ACTION TAKEN NOTICE
July 14, 2010 .
David Ostwald
6675 East River Road NE
Fridley MN 55432
Dear Mr. Osfinrald:
On Wednesday, July 7, 2010, the Fridley Appeals Commission officially approved the Variance,
VAR #10-04, to allow the construction of a detached garage in the "code-required° front yard,
legally described as Lots 17, 18, 19, Block 1, Edgewater Gardens, generally located at 6675
East River Road NE.
Approval of this variance is contingent upon the following stipulations:
1. Petitioner shall obtain all necessary building permits prior to construction.
2. The structure shall not be used for a home occupation or living area.
3. All vehicles shall be stored on a hard surface as approved by the City.
4. �Garage sha/l be architecturally compatible with the existing home and finished with
complementary siding and color scheme.
You have one year from the date of the City Council action to initiate construction. If you
cannot begin construction during this time, you must submit a letter requesting an extension at
least three weeks prior to the expiration date.
If you have any questions regarding the above action, please call me at 763-572-3595.
Sinc rely,
8tacy S ro e
Planner
SS/jb �--- ----------,
cc: , Variance File ;
Mary Fitz
Stacy Stromberg
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5. Nothing can be store ove the fence or in a matter that can be seen from outside
of the fence.
6. Any and all gr fiti that may be placed on the fence sha11 be removed by the
property o r within 2 business days of its placement.
7. Lawn and ant material outside of fence shall be mowed, maintained and kept
vital thro gh use of in-ground irrigation system.
Seconded by Comm' sioner Anderson.
UPON A UN MOUS VOICE VOTE, CHAIRPERSON SIELAFF DECLARED THE
MOTION C ED.
2. ConsideraHon of a Variance, VAR #10-04, by David Ostwald, to allow the
construction of a detached garage in the "code-required" front yard, generally
located at 6675 East River Road NE.
MOTION by Commissioner Anderson to open the public hearing. Seconded by Commissioner
Jones.
UPON A UNA1vIMOUS VOICE VOTE, CHAIRPERSON SIELAFF DECLARED� THE
MOTION CARRIED AND THE HEARING WAS OPENED AT 7:18 P.M.
Mr. Hickok stated this petitioner is seeking a variance to a11ow the construction of a new
accessory structure in the front yard of the property located at 6675 East River Road NE. The
new garage will be a second gazage on the property and will be used for vehicle parking and
storage of lawn mower and other equipment. In the petitioner's statement to the City, he
indicates, "I'm applying for a variance to build a second gazage on the property at 6675 East
River Road. T'he lot is very unique to Fridley as its 1.2 acres. Well over half of the lot is below
the 822 elevation that is designated in the 100-year flood plan by FEMA; and therefore, it is not
eligible to build on without special engineering or extensive permits that would be extremely
time and cost prohibitive. I have contacted both FEMA and the Rice Creek Watershed and they
have both stated that as long as the building is above the 822 ft. elevation and it is not atta.che�c to
the existing structure, the City of Fridley can grant a permit to the gazage."
Mr. Hickok stated the property is zoned R-1, Single Family, and is located on the corner of East
River Road and Rice Creek Way. The property is also in the River and Creek Overlay District
and the Shoreland District. There aze no building permit records for the construction of the
existing house and gazage, so it appears it was construcfed prior to 1949.
Mr. Hickok stated Rice Creek and Locke Lake Dam border the property on the north. As a
result the majority of the lot is within flood plain. The petitioner has conta.cted Rice Creek
Watershed District and FEMA regazding regulations on the property, and FEMA identified the
100-yeaz flood plain elevation on the property as 822 feet.
Mr. Hickok stated Rice Creek Watershed District Rule E(Floodplain Alteration) states that no
fill may be placed within 100-year flood plain; therefore, no fill below the 822 elevation. The
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petitioner is proposing to construct the garage at an overall elevation of 823 feet. Rice Creek
Watershed District Rule T(Storm Water Management) includes a provision that the low-floor
elevation of a structure must be at least 2 feet above the 100-flood plain elevation, and the top of
the slab must be at least 824 which is what the petitioner is proposing to do.
Mr. Hickok stated the Code states accessory buildings must be located in the side or rear yard.
Because the majority of the subject property is located within the 100-yeaz flood plain and the
Rice Creek Watershed District folks and FEMA regulations limit the placement of structure on a
property, the petitioner is very limited as to where a proposed structure could be placed on the
lot. As a result he is seeking a variance to allow an accessory structure in the front yard. The
Code req�ired front yard on this lot is Rice Creek Way. The existing gazage that is attached to
the house is set back 70 feet from the front lot line, and the proposed garage will be located 25
feet from the front lot line. The house directly to the east of the subject property is set back
approximately 24 feet from the property line so that the line of sight will not be impacted by the
proposed new structure.
Mr. Hickok sta.ted City staff has heazd from on� neighbor saying they aze in favor of the
petitioner's request. Staff has no recommendation as similar variances have been granted in the
past: Variance #02-07 at 211 Logan Parkway, a variance was approved to a11ow an accessory
structure in the front yard and Variance #99-25 at 6454 River Terrace, a variance was approved
to allow an accessory structure in the front yard.
Commissioner Jones asked Mr. Hickok to explain why East River Road is not the front yard in
this case?
Mr. Hickok reglied this is probably one of the most puzzling things for folks as they talk about
setbacks, and they do spend quite a bit of time working with folks who have comer lots and
explaining exactly how this works. A comer lot, by definition, some would say has two front
yards. In our Code regardless of how the house is facing or regardless of how it is addressed, it
is the narrowest of the two lot dimensions that is the front yazd. The narrowest lot dimension
here is facing Rice Creek Way, and it is a wider dimension on East River Road. Even though the
house is situated in a way that it is facing East River Road, it is narrowest on its face on Rice
Creek Way. If the front yard was on East River Road, they would not be having this variance
discussion. Some might say it is a technicality based on how a corner lot is defined and what is
the front yard.
Commissioner Jones asked, even though a lazge amount of that azea along East River Road is
under the 100-year flood?
Mr. Hickok replied, correct. T'hat does not affect the positioning in terms of how the City would
determine what the front lot is.
David Ostwald, petitioner, sta.ted he thinks they pretty much covered it and he has been working
extensively with Mr. Hickok; and he had the survey done which he is sure they have copies so
they know where everything is at, where the neighborhood and elevations aze at. He believed the
existing gazage floor is at 824.33 so as long as he is level or above the existing gazage floor. It is
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very easy to figure. Also, according to FEMA as long as he starts at 822 he can fill to get it to
824. He actually does not have to bring in much fill.
MOTION by Commissioner Anderson to close the public hearing. Seconded by Commissioner
Brown.
UPON A UNA1vIMOUS VOICE VOTE, CHAIRPERSON SIELAFF DECLARED THE
MOTION CARRIED AND THE HEARING WAS CLOSED AT 7:27 P.M.
MOTION by Commissioner Jones approving Variance, VAR #10-04, by David Ostwald, to
a11ow the construction of a detached garage in the "code-required" front yard, generally located
at 6675 East River Road NE with the following stipulations:
1. Petitioner shall obtain all necessary building permits prior to construction.
2. The structure shall not be used for a home occupation or living area.
3. All vehicles sha11 be stored on a hard surface as approved by the City.
4. Garage shall be azchitecturally compatible with the existing home and finished
with complementary siding and color scheme.
Seconded by Commissioner Brown.
UPON A UNANIIVIOUS VOICE VOTE, CHAIRPERSON SIELAFF DECLARED THE
MOTION CARRIED.
3. Consideration of a Request for a
Second Street.
MOTION by Commissioner Brown to open
Jones.
UPON A UNANIMOUS VOICE VOTE, CH�
MOTION CARRIED AND THE HEARING W
by Owner, Generally Located at 5916 —
public hearing. Seconded by Commissioner
OATH
The City Attorney, Fritz Knaak, explained that anyone
an oath, as they would in any court proceeding. Mr.
individuals simultaneously prior to any testimony.
Julie Jones, Planning Manager, stated this Appeals He n
property owned by Mark and Janet Kreutter and an unpermi
of this year she was completing follow-up inspection on a dif.
block of Second Street. She noticed the temporary structure
Street from the alley that she was driving through while inspecl
SIELAFF DECLARED THE
AT 7:39 P.M.
to speak at this hearing mu.st take
administered the oath to several
is regazding a case involving
temporary slxucture. In March
ent abatement case in the 5900
the rear yard of 5916 Second
�he other property.
Ms. Jones stated this case is similar to others cases the City has se code enforcement notices
on for removal of structures. On March 24 she sent a letter to the own rs of 5916 Second Street,
Mark and Janet Kreutter, informing them the temporary structure di not meet building code
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requirements. The stntc e in question is a tent-like structure made up of a tarp-like material
over a frame. The size of e structure is unknown, but it is suspected to be azound 120-square
feet. Ms. Jones presented p otos of the structure she took on June 3.
Ms. Jones staxed the Kreutte s were given I S days to remove the structure which is the City's
customary timeline for this of violation which gave them a deadline of April 8. On Apri19
Ms. Jones reinspected the pr erty, and the structure was still in place. As is common
procedure, she sent a second le er to the property owners which gave them another 5 days to
remove the shucture. That new adline for removal was April 14. Upon April 14 reinspection
it appeared to her that Mr. Kreutte was removing materials from the shed. Therefore, Ms. Jones
gave them more time, hoping th were removing materials and intended to remove the
structure. However, on Apri123 the cture still remained. Ms. Jones sent an abatement letter
to the Kreutters. At this time in a ode enforcement case, the City has the option of either
issuing a citation or doing an abateme t. In something like this where the City can physically
remove the violation, typically an abate ent is done which gives the properiy ovmer another 20
days to remove the structure. This gave the property owners a new deadline of May 13 before
the City would come in and remove the vi ation at the owners' expense.
Ms. Jones stated on May 7, however, the
appeal hearing which is their right through
the next available Appeals Commission meel
family the Kreutters asked that the hearing
meeting.
ters sent a letter to Mr. Hickok requesting an
er 128. Staff scheduled a hearing for June 2,
date; however, because of a wedding in their
delayed until the July Appeals Commission
Ms. Jones stated the Minnesota State Building Co e is adopted by reference as the Building
Code for the City of Fridley. This is Chapter 206 of e Fridley City Code, but it refers back to
several chapters in the State Building Code. For ins ce, Chapter 1300.0120, Subd. 4, of the
Minnesota Sta.te Building Code, addresses permitting re uirements and states that buildings of
one story, accessory structure type, such as a storage shed at is under 120-square feet in size do
not require a building permit. However, it must still meet ilding Code requirements. Chapter
1300.0190, entitled "Temporary Structures and Uses" states t, "the building official may issue
a permit for a temporary structure, but the permit will be fo no more than 180 days." The
section goes on to sta.te the temporary structure sha11 confo to the structural strength, fire
safety, means egress, accessibility, light, ventilation, and sani requirements of the Code
necessary to ensure public health, safety, and general welfaze.
Ms. Jones stated Chapter 1303.1700 of the Building Code states that sn�
Anoka County are 50 pounds per squa.re foot. That is one of those req�
the previous section. In Chapter 1309, under the climate and geographic
that structures must be designed to withstand wind speeds of 90 mph.
load requirements for
�ements referred to in
�gn criteria, it states
Ms. Jones stated Mr. Kreutter indicated in his May 7 letter to the City that e temporary
structure had been there for four and one-half years. Therefore, City staff cannot nsider this
structure to be a temporary structure by definition. Even if the structure is not t porary,
though, it still must meet the wind and snow load requirements of the Building Code.
City of Fridley land Use Application
VAR #10-04 July 7, 2010
GENERAL INFORMATION SPECIAL INFORMATION
Applicant:
David Ostwald
6675 East River Road NE
Fridley MN 55432
Requested Action:
Variance to allow an accessory structure in
the front yard.
Existing Zoning:
R-1(Single Family Residential)
Location:
6675 East River Road
Size:
53,164 sq. ft.
Existing Land Use:
Single Family Home.
1.22 acres
Surrounding Land Use & Zoning:
N: Rice Creek
E: Single Family & R-1
S: Single Family & R-1
W: East River Road & ROW
Comprehensive Plan Conformance:
Consistent with Plan
Zoning Ordinance Conformance:
Section 205.04.05.B requires accessory
buildings to be Iocated in the side or rear
yard only.
Zoning History:
1959 — Lot is platted.
House built prior to 1949.
1963 — Addition and remodel to home.
Legal Description of Property:
Lot 17, 18 and 19, Block 1, Edgewater
Gardens
Public Utilities:
Home is connected.
Transportation:
, Rice Creek Way provides access to the
property
Physical Characteristics:
Large suburban lot that slopes to the creek
SUMMARY OF PROJECT
The petitioner, Mr. Ostwald, is seeking a variance to
allow the construction of a new accessory structure in
the front yard, with a 25 ft. setback, at his residence
which is located at 6675 East River Road.
SUMMARY OF HARDSHIP
I'm applying for a variance to build a second garage on
the property at 6675 East River Road. The lot is very
unique to Fridley as its 1.Z acres. Well over half of the lot
is below the 822 elevation that is designated in the 100
year flood plain by FEMA; and therefore, it is not eligible
to build on without special engineering or extensive
permits ihat would be extremely time and cost
prohibitive. 1 have contacted both FEMA and the Rice
Creek Watershed and they have both stated that as long
as the building is above the 822 ft. elevation and it is not
attached to the existing structure, the City of Fridley can
grant a permit to the garage."— also see attached
hardship statement.
- David Ostwald
SUMMARY OF ANALY515
City Staff has no recommendation as similar variances
have been granted in the past.
Similar variance granted:
• VAR #02-07 211 Logan Pkwy
Variance approved to allow an accessory
structure in the front yard.
• VAR #99-25 6454 Riverview Terrace
Variance approved to allow an accessory
structure in the front yard.
CITY COUNCIL ACTION/ 60 DAY DATE
City Council — July 26, 2010
60 Day — August 2, 2010
Aerial of the Property
Staff Report Prepared by: Stacy Stromberg
VAR #10-04
REC2UEST
The petitioner, David Ostwald, is seeking a variance to allow the construction of a new accessory
structure in the front yard of his residence which is located at 6675 East River Road. The new garage
will be a second garage on the property and will be used for vehicle parking and storage of a lawn
mower and other equipment.
SUMMARY OF HARDSHIP
1'm applying for a variance to build a second garage on the property at 6675 East River Road. The lot is
very unique to Fridley as its 1.2 acres. Well over half of the lot is below the 822 elevation that is
designated in the 100 year flood plain by FEMA; and therefore, it is not eligible for building on without
special engineering or extensive permits that would be extremely time and cost prohibitive, then it may
be likely that FEMA wouldn't approve it. 1 have contacted borh FEMA and the Rice Creek Watershed and
they have both stated that as long as the building is above the 822 ft. elevation and it is not attached to
the existing structure, the City of Fridley can grant a permit to the garage."— also see attached hardship
statement.
ANALYSIS I
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- David Ostwald
The property is zoned R-1 Single Family and is located on the corner
of East River Road and Rice Creek Way. The property is also in the
River and Creek Overlay District and the Shoreland District. There are
no building permit records for the construction of the existing house
and garage, so it appears that it was constructed prior to 1949. The
petitioner states in his narrative that the house was constructed in
1941.
Rice Creek and Locke Lake Dam border the property on the north. As
a result, a majority of the lot is within the flood plain. The petitioner
��f�,, j ��� ��� has contacted the Rice Creek Watershed District and FEMA regarding
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�� y�-� � a �3 �,,��`„ the regulations on the subject property. FEMA identifies the 100-year
.-'� ��' ��;�`� ao�„ floodplain elevation on the property as 822.0 feet. Rice Creek
Watershed District Rule E(Floodplain Alteration) states that no fill
may be placed within the 100-year floodplain; therefore, no fill below the 822.0 elevation. The
petitioner is proposing to construct the garage at an overall elevation of 823.0. Rice Creek Watershed
District Rule C(Stormwater Management) includes a provision that the Iow-floor elevation of structures
must be at least 2 feet above the 100-year flood plain elevation, meaning the top of the slab must be at
or above 824.0 ft., which is what the petitioner is proposing.
City Code states that accessory buildings must be located in the side or rear yard only. Due to the fact
that a majority of the subject property is located within the 100-year flood plain and RCWD and FEMA
regulations limits the placement of structures on the property, the petitioner is very limited as to where
the proposed structure can be located on the lot. As a result, he is seeking a variance to allow an
accessory structure in the front yard.
The code required "front yard" on this lot, is Rice Creek Way. The existing garage that is attached to the
house is setback 70 feet from the front yard lot line and the proposed garage will be located 25 feet
from the front yard property line. The house directly to the east of the subject property is setback
approximately 24 ft. from the property line, so line of sight will not be impacted with the proposed new
structure.
The existing garage is 406 square feet and the proposed garage is 768 square feet, with a combined
square footage of 1,174 square feet, which is below what City code allows for accessory structures on a
residential property. The subject property will continue to comply with lot coverage requirements. The
petitioners plan to use the second garage for vehicle parking and storage of a lawn mower and other
equipment.
City staff has heard from one neighbor saying they were in favor of the petitioners request.
RECOMMENDATIONS
City Staff has no recommendation on the variance to locate an accessory structure in the front yard as
similar variances have been granted in the past.
Similar variance granted:
• VAR #02-07 211 Logan Pkwy
Variance approved to allow an accessory structure in the front yard.
• VAR #99-25 6454 Riverview Terrace
Variance approved to allow an accessory structure in the front yard.
STIPULATIONS
Staff recommends that if the variance is granted, the following stipulations be attached.
1. Petitioner shall obtain all necessary building permits prior to construction.
2. The structure shall not be used for a home occupation or living area.
3. All vehicles shall be stored on a hard surface as approved by the City.
4. Garage shall be architecturally compatible with the existing home and finished with
complementary siding and color scheme.
To: The City of Fridley
Narrative for Variance Application
4 June 2010
I am applying for a variance to build an additional garage on the property at 6675 East river Road. The
lot is very unique to Fridley as it is 1.2 acres and actually comprises 3 lots. Well over half of the lot is
below the 822 elevation that is designated in the 100 year flood plain by FEMA and therefore is not
eligible to build on without special engineering or extensive permits that would be extremely time and
cost prohibitive, if they would be approved.
I have contacted both FEMA and the Rice Creek Watershed and they have both stated that as long as
the building is above the 822 elevation and it is not attached to the existing structure, the City of Fridley
can grant a permit to build. I have had the lot surveyed and elevations noted on the detailed drawing
that show the only place on the lot that meets the requirements is what is by definition the front yard
between the house and Rice Creek Road. The current structure is has 70 feet of setback, allowing ample
space to build an additional garage and still not block the sight line of the neighboring home. The next
door structure to the east has a setback of 24 feet and there is no neighbor to the west so the setback
average would be 24.5 feet.
By building the additional garage ne�ct to the existing one, the new building would flow with the lines of
the home and not change the overall appearance of the home and lot. I am working with an architect to
design a building that matches the style and design of the existing home, to ensure the character of the
neighborhood is not altered.
To: The City of F�idley
Narrative for Proposed Use of Building
4 June 2010
i would like to build another garage for the use of additional vehicle storage as well as lawn and
personal equipment. The original structure was built in 1941 and family vehicle requirements have
changed substantially since that time. I cannot fit my current vehicle as well as my wife's into the
existing garage, or a riding lawn mower as well.
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FOR Dave Ostwald
I HEREBY CERTIFY THAT THIS SURVEY. PLAN OR
WAS PREPARED BY ME OR UNDER MY DIRECT SUPE
AND THAT 1 !!!��� DU LI ENSED LAND SURVEYO
TH S 0 TH$ ATE MINNESOTA.
9
Randy L. Kurth, L.L.S. No. 20270
Russell J. Kurth, L.L.S. No. 16113
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CERTIFICATE OF SURVEY
(MEASIJREMENTS SHOWN IN FEET AND DECIMALS OF A FOOT!
" THIS IS NOT A 80UN�ARY SURVEY "
- KURTH SURVEYING, INC.
PORT 4002 JEFFQt50N 5T. N.E.
S I ON COLtIN81A HEfGHTS, XN �j921
NDEP PyoNe obgi 7ea-9769 FAX f76j) 786-7602
E-AdAlLr ksI@kurthsurveytnglnc.com
Benchmark Used: Top Nut Hydrant at the SE quad�ant
of East Rlve� Road and RJce Creek Way.
Elevatton = Bjj.59 (NGVD,l929 datumJ
...----�------�--�-� ............................
DATE June 3, 2010
o = IRON MONUMENT SET
• = IRON MONUMENT FOUND
ww.o = EXISTING ELEVATION
��^m� = COMPUTED DISTANCE
�Weu = RECORS PLAT DISTANCE
0 30
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SCALE IN FEET
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�d C.� (��.IJGIl
BUILDING LOCATION AND ELEVATIONS SURVEY ON:
Lots 17, 18 and 19, Block 1, EDGEWATER GARDENS, Anoka County, dAn.
rik-misc\edge.oier.g�d 5-27-10 . 6-3-10
""""""'"""' _. _...""""""'......'""""""""""'
/"r � � (60� Riw)
IS-30-24
""""'....."""""""'......""... _......""'
_i
Community Development Department
City of Fridley
6431 University Avenue NE
Fridley MN 55432
763.572.3592
Fax: 763.571.1287
www.ci.fridleX.mn.us
j(' VARIANCE APPLICATION FOR:
Residential �` Commercial/Industrial/Multi-Family Signs
Property Information
Address: ��`7� t`��9f �� d��
Anoka County Property Identification Number (PIN #): /� 3�' �`f-/3 - Oo� L
Legal Description: �o�s /'7,/r?� !9 A� / ��i-e�va��" g,��+'�
Eurrent Zoning: Square footage of Parcel:
� for Variance (one sentence summary, please attached full description)
'/_ 0 .,Oefa��.� Se..cs,t .h °�iq � 1�Q�-r./ , c1i^ �+s A�Ce� a�+ /o�- �D
Fee/Property Owner Information (as it appears on property title)
'�*Fee owner must sign this form prior to proc�s ing
Name (please printj: %�"r.� C�i�r
Mailing address: � i�" ��- /��v' �
Daytime Phone: '7G 3—.�3L/— �95� Fax Number: �5�— �a"� ��7 7
Cell Phone: '7� — o�- 3—�9 E-mail address: c�o��� � � ��Sa-+ • e� �►-►
'��✓j� 6'- `�—�o�p
Signature/Date:
Petitioner Information
Company Name (please print): `;v1'��
Contact Person's Name (please print):
Mailing address:
Daytime Phone:
Cell Phone:
Signature/Date:
Fax Number:
E-mail address:
FOR OFFICE USE ONLY
Fees
$500 - R-1, Single Family Residential
$1,400-Commercial/Industrial/Multi- amily Residential/Signs
Application Number: ,�i�'l� ,��-D� Receipt #: �,�� /o �..�5 Received By:
Application Date:��� / ! � '
15 Day Application Complete Notification
Scheduled Appeals Commission Date: i
Scheduled City Council,Date: 7 ��
60 Day Date: _
60 Day Extension
VARIANCE APPLICATION
SUBMISSION CHECKLIST
The following shall be the minimum submission requirements when submitting a Variance. Applications
will not be accepted if the following is NOT submitted.
Residential Use
CITY OF FRIDLEY
PUBLIC HEARING NOTICE
BEFORE THE APPEALS COMMISSION
TO: All property owners/residents within 350 feet of property generally
located at 6675 East River Road NE.
CASE NUMBER: Variance, VAR #10-04
APPLICANT: David Ostwald
Petitioner or re resentative must attend the A eals Commission meetin .
PURPOSE: Petitioner is requesting a variance to allow the construction of a
detached ara e in the "code-re uired" front ard.
LOCATION OF 6675 East River Road NE
PROPERTY AND
LEGAL DESCR/PTION: Lots 17, 18, 19, Block 1, Edgewater Gardens
DATE AND TIME OF Appeals Commission Meeting:
HEARING: Wednesday, July 7, 2010, at 7:00 p.m.
The Appeals Commission Meetings are televised live the night
of the meetin on Channel 17.
PLACE OF HEAR/NG: Fridley Municipal Center, City Council Chambers
6431 Universit Avenue N.E., Fridle , MN
HOW TO 1. You may attend hearings and testify.
PARTIC/PATE: 2. You may send a letter before the hearing to Stacy Stromberg,
Planner, at 6431 University Avenue N.E., Fridley, MN 55432 or
FAX at 763-571-1287.
SPECIAL Hearing impaired persons planning to attend who need an
ACCOMODATIONS: Interpreter or other persons with disabilities who require
auxiliary aids should contact Roberta Collins at 763-572-3500
no later than June 30, 2010. The TDD # is 763-572-3534.
ANY QUESTIONS: Contact Stacy Stromberg, Planner, at 763-572-3595.
*PROPOSED CITY The proposed City Council meeting date for this item will be on
COUNCIL MEETING Monday, July 26, 2010. *This date is subject to change
depending on the outcome of the Appeals Commission meeting.
Please confirm City Council date prior to attending City Council
meeting. (Please note residential variances, if approved by
Appeals Commission do not go on to City Council only if they are
denied. Commercial variances do go on to City Council whether
the are a roved or denied b the A eals Commission.
Mailed: June 25, 2010
�� � c►rYOF Communit Develo ment De artment
FR/DLEY y p p
Public Hearing Notice
6795 _
h �
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SOURCES
Fridley Engineering N
Fridley GIS Variance Request, VAR #10-04
Anoka County GIS Petitioner: David Ostwald
W E
6675 East River Road
Map Date: June 23, 2010 S
ANOKA COUNTY PARKS DEPT THOMPSON GERALD G 8 LINDA G OLSON OMER E& FLORENCE B
550 BUNKER LK BLVD 6661 E RIVER RD NE 98 RICE CREEK WAY NE
ANDOVER, MN 55304-0000 FRIDLEY, MN 55432-0000 FRIDLEY, MN 55432-0000
FRIDLEY C�fY OF
6431 UNIyERSITYAVE NE
FRIDLEI� MN 55432-0000
MOORE ROBERTA � RIEBEL ROGER
6755 E RIVER RD
FRIDLEY, MN 55432-0000
ANOKA COUNTY OF
325 EAST MAIN ST
ANOKA, MN 55303-0000
KONZE TONJA
6775 EAST RIVER RD NE
FRIDLEY, MN 55432-0000
ANOKA COUNTY OF
325 EAST IV�N ST
ANOKA, Mr,r�sos-0000
FRIDLEY TY OF
6431 UNI RSITY NE
FRIDLEY MN 55432-0000
RUSSELL DONALD G 8 JOAN M
6631 E RIVER RD NE
FRIDLEY, MN 55432-0000
LARSON MARIANNE
6640 HICKORY ST NE
FRIDLEY, MN 55432-0000
HART DAVID L$ WANDA K
91 66TH WAY NE
FRIDLEY, MN 55432-0000
HYLAND MARK L& KAREN L
81 66TH WAY NE
FRIDLEY, MN 55432-0000
LARSON RICHARD A& NANCE E
6580 HICKORY ST NE
FRIDLEY, MN 55432-0000
HAMMEL JOSEPH W& THERESA L
90 RICE CREIX WAY NE
FRIDLEY, MN 55432-0000
SQUIER GARY
80 RICE CREEK WAY NE
FRIDLEY, MN 55432-0OQO
STOREVIK ROBERT M
84 RICE CREEK WAY NE
FRIDLEY, MN 55432-0000
DEUTSCHE BANK NATIONAL TRUST CO TRUSTEHAVIDS AMY
7575 IRVINE CENTER DR STE 200 6664 E RIVER RD NE
IRVINE, CA 92618 FRIDLEY, MN 55432-0000
PASCHKE GERALD W� HARRIS D O
PO BOX 32833
FRIDLEY, MN 55432-0000
JOHNSON DONALD E $ SHIRLEY
6600 HICKORY ST NE
FRIDLEY, MN 55432-0000
FREYINGER RIVERROAD PR�PERTIES
6540 E RIVER RD NE
FRIDLEY, MN 55432-0000
MEIDINGER CLYDE D
706 N 1 ST ST STE 120
MINNEAPOLIS, MN 55401
GUNLOGSON WILLIAM
72 RICE CREEK WAY NE
FRIDLEY, MN 55432-0000
ANOKA COUNTY
ATTN PARKS DEPT, 2100 3RD AVE
ANOKA, MN 55303-0000
JOHNSON SHELLI
77 RICE CREEK WAY NE
FRIDLEY, MN 55432-0000
WESTENFIELD MARLISS A
81 RICE CREEK WAY NE
FRIDLEY, MN 55432-0000
SETERING DUANE PETER $ D C NELSON ELDON D 8 SANDRA L FERRIS KJELL M 8 HEIDI M S
71 66TH WAY NE 6660 HICKORY ST NE 75 RICE CREEK WAY NE
FRIDLEY, MN 55432-0000 FRIDLEY, MN 55432-0000 FRIDLEY, MN 55432-0000
FARMER GREGORYI& MARY M
71 RICE CREEK WAY NE
FRIDLEY, MN 55432-0000
SILVERSTEIN IDEBELLE TRUSTEE
31050101ST STREET
PRINCETON, MN 55371
SKARHUS RONALD E$ KAY A
85 RICE CREEK WAY NE
FRIDLEY, MN 55432-0000
VANDERHOOF GATES MARGARET
6668 E RIVER RD NE
FRIDLEY, MN 55432-0000
PETERSON RALF M
6652 E RIVER RD NE
FRIDLEY, MN 55432-0000
FREYINGER RIVERROAD PROPERTIES
6540 E RIVER RD NE
FRIDLEY, MN 55432-0000
ANOKA C UNTY OF
325 EAS IN ST
ANOKA, N 55303-0000
ANOKACpUNTY
325 EAS] MAIN ST
ANOKA,MN 55303-0000
ANOKA NTY OF
325 EAST IN ST
ANOKA, 55303-0000
SQUIER�ARY
80 RICEFREIX WAY NE
FRIDLE`�, MN 55432-0000
_l'� _
CIIYOF
FR[DLEY
FRIDLEY MUIVICIPAL CENTER • 6431 UIVIVERSITY AVE. N.E. FRIDLEY, MN 55432
(763) 571-3450 • FAX (763) 571-1287 • TTDfi'TY (763) 572-3534
June 8, 2010
David Ostwald
6675 East River Road NE
Fridley MN 55432
Dear Mr. Ostwald:
Per Minnesota Statute 15.99, Iocal govemment units are required to notify land use applicants
within 15 working days if their land use applications are complete. We officially received your
application for a variance on June 4, 2010. This letter serves to inform you that your application
is complete.
Your Variance application hearing and discussion will take place at the City of Fridley Appeals
Commission Meeting on July 7, 2010 at 7:00 P.M. in the City Council Chambers at 6431
University Avenue. If your variance application needs to be reviewed by the City Council, the
meeting will be held on July 26, 2010 at 7:30 in the City Council Chambers. Please plan to be
in attendance at both of the above referenced meetinas.
I# you have any questions regarding this letter or the process, please feel free to contact me at
763-572-3595.
'n erely,
1
R
'y r berg
Planner
Stromberg, Stacy
From: Drewry, Kate (DNR) [Kate.Drewry@state.mn.us]
Sent: Thursday, July 01, 2010 10:05 AM
To: Stromberg, Stacy
Subject: RE: Variance request for 6675 East River Road
Hello Stacy:
Assuming the garage is located outside of the floodplain, DNR would not object to a variance to allow locating it in the
front yard.
Thanks for the opportunity to review.
Regards,
Kate Drewry
North Metro Area Hydrologist
DNR Division of Waters
1200 Warner Road
St. Paul, MN 55106
Phone: 651-Z59-5753
Fax: 651-772-7977
kate. d rew rv @ state. m n. u s
www.mndnr.�ov
.............................................................................................................................................................................................�---...................................................---....--------.....
Prom: Stromberg, Stacy [mailto:StrombergS@ci.fridley.mn.us]
Sent: Monday, ]une 28, 2010 11:53 AM
To: Drewry, Kate (DNR)
Subject: Variance request for 6675 East River Road
Hi Kate,
The City has received a variance request to allow the construction of a garage in the front yard at 6675 East River
Road. The reason for the variance is because City code doesn't allow garages in the front yard. Since a majority of
this parcel is within the flood plain, the proposed location is the only place the property owner can locate it I've
attached a survey for your review.
I'm not sure if you need anything from me on this request or if you need anything additional. Please advise.
Thanks,
Stacy Strom6erg, City Planner
City of Fridley, Minnesota
643t University Avenue NE
Fridley, Minnesota 5543a
Phone: 763•572•3595
Fax: 763•57�•iz87
strombergs(c�ci.fridley.mn.us
www.ci.fridley.mn.us
Ostwald, David
From: Kyle Axtell [KAxtell@ricecreek.org]
Sent: Thursday, April 15, 2010 12:31 PM
To: Ostwald, David
Subject: Floodplain Info
Attachments: Ostwald Floodplain Map.pdf
Categories: Important
Dave,
This email serves to summarize our discussion over the phone this morning concerning property located at 6675 East
River Road in Fridley. I have attached a map showing your property boundary and 2-ft contour information overlayed on
a 2008 aerial photo (somewhat blurry... it's the best we have at the moment). PLEASE NOTE: The contour and boundary
data is purely for informational purposes only and is nonyurisdictional. It cannot be used in place of a survey!
As far as the RCWD is concerned, we will regulate the construction of a garage on this property. You may view our Rules
by visiting www.ricecreek.or�/rules. Your project would be subject to Rule C(Stormwater Management), D(Soil Erosion
Control), and E(Floodplain Alteration). Additionally, because this property is partially located within the 100-year
floodplain of Rice Creek, there are certain restrictions related to the floodplain.
In 1998 RCWD completed a watershed-wide HydroCAD model to determine our regulatory 100-yr floodplain elevation
for different areas of the watershed. It just so happens that the downstream extent of our study was Locke Lake Dam.
Consequently, we would defer to the best available regulatory number available — which would be FEMA in this case.
FEMA identifies the 100-year floodplain elevation on your property as 822.0. this is the elevation we will base our
floodplain regulation on as well. There is an additional FEMA zone on your property for the 500-year flood event, which
is not considered by our regulation and we have no specific requirements that relate to the 500-year floodplain.
RCWD Rule E(Floodplain Alteration) states that no fill may be placed within the 100-yr floodplain — meaning no fill
below the 822.0 elevation on your property. If fill is required below this elevation, a compensatory cut must be made
elsewhere on your property to offset the volume of the fill and preserve floodplain storage. RCWD Rule C(Stormwater
Management) includes a provision that the low-floor elevation of structures must be at least 2 feet above the 100-year
floodplain elevation — meaning the top of the slab must be at or above 824.0 feet. It may be necessary to bring in fill to
meet this floodplain freeboard requirement. This is perfectly fine — so long as the original elevation at the location of fill
is above 822.0 feet.
Let me know if you have further questions about this. Our permit application form and instructions can be found at
www.ricecreek.or�/permits. Your garage project would be considered a"small project" and there are shorter review
times and fewer submittal requirements than for a large development, per se. Again, call if you have questions.
Regards,
Kyle Axtell
Water Resource Specialist
Rice Creek Watershed District
4325 Pheasant Ridge Dr. NE #611
Blaine, MN 55449-4539
P: (763) 398-3072
F: (763) 398-3088
E: kaxtell@ricecreek.or�
KEY TO MAP
500-Year Flood Boundary
100-YearFlood Boundary
Zone Desi�nations�' Ni ith
Date of Identiflcation
e.g., 12/2/74
100-Year Flood Boundary
500-Year Flood Boundary
Bage Flood Eleaation Line
With Elevation In FeeY"*
Base Flood Elevatlon ln Feet
Where Uniform Within Zone*'"
Elevat(on Reference Mark
R6ver Mile
513------^-
(EL 987)
RM7X
•M1.5
*'"Referenced to the National Geodetic Vertical Datum of 1929
*EXPLANATION OF ZONE DESIGNATIONS
Z�D N E
A
AO
AH
A1-A30
A99
B
C
D
V
V 7-V30
EXPLANATION
Areas of 100-year flood; base flood elevations and
flood hazard factors not determined.
Areas of 100-year shallow flooding where depths
are between one (1) and three (3) feet; average depths
of inundation are shown, but no flood hazard factors
are determined.
Areas of 100-year shallow flooding where depths
are between one (1) and three (3) feet; b�e flood
elevations are shown, but no flood hazard factors
are determined.
Areas of 100-year flood; base flood elevations and
flood hazard factors determined.
Areas of 100-year flood to be protected by flood
protection system under construction; base flood
elevations and flood hazard factors not determined.
Areas between limits of the 100-year flood and 500-
year flood; or certain areas subject to 100-year flood-
ing with average depths less than one (1 J foot or where
the conVibuting drainage area is less than one square
mile; or areas protected by levees from the base flood.
(Medium shading)
Areas of minimal flooding. (No shadingj
Areas of undetermined, but possible, flood hazatds.
Areas of 100-year coastal flood with velocity (wave
action); base flood elevations and flood hazard factors
not determined.
Areas of 100-year coastal flood with velocity (wave
action); base flood elevations and flood hazard factors
determined.
NOTES TO USER
Certain areas not in the special flood hazard areas (zones A and V)
may be protected by flood control structures.
This map is for flood insurance purposes only; it does not neces-
sarily show all areas subject to flooding in the community or
all planimetric features ouuide special flood hazard areas.
For adjoinin� map panels, see separately printed Index To Map
Panels
INITIAL IDENTIFICATION:
MAY 77, 1974
FLOOD HAZARD BOUNDARY MAP REVISIONS:
6675 East River Road
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DISCLAIMER
Maps and documents prepared by the city for this web site, may not be reliable due to differences in databases or computer �
programs as well as the possibility of human error, unauthorized changes to the data, problems with the transmission of data,
browser incompatibilities, or other aspects of intemet transmission beyond the control of City staff. �� ��.
Map created on Jun 7, 2010 4:05. This information is to be used for reference purposes only. s
Copyri_qht OO 2009 City of Fridley, All Riqhts Reserved
VAR #10-04 6675 East River Rd - Properties within 350 ft.
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165
170 110
169 �
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DISCLAIMER
Maps and documents prepared by the city for this web site, may not be reliable due to differences in databases or computer
programs as well as the possibility of human error, unauthorized changes to the data, problems with the transmission of data,
browser incompatibilities, or other aspects of internet transmission beyond the control of City staff.
Map created on Jun 21, 2010 2:37. This information is to be used for reference purposes only.
Copyright O 2009 City of Fridley, All Riqhts Reserved
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