AF-VAR - 41620�
. �
• �• CITY OF FFtIOLEY�
643'1 UNIVER3ITY AVE. NE.
FRIDI.GY� MN. b9432 [6921 67'1-3450
ADORESS 1_ Z �
APPEALS COMMISSION:
SU9JECT
VARIANCES
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DISAPPROVED DATE N0.
CITY COUNCIL REVIEW: REQUIRED: YES
CITY COUNCIL:
STIPULATIONS:
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APPROVED DISAPPROVED DATE � N0. -
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FEE � � RECEIPT No.� �I �
� LOT N0. BLOCK N0. TRACT OR ADOITION . �
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LEGAL QESCRIPTION: ..3 � �� � . E ` °� I
VARIANCE REQUEST(S): (Attach plat or survey-of property showing building, variances,
etc., where pplicable) ,
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'List specific hardship(s) which equires the
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YARIANCES ��
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FOR C1TY USE OI�LY
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Bo�rd members notified of inee�ing by �u1y�9; 1982 �� . List rr�emb�rs, '
date notified, and "Yes" or."P;o" for plans to attend hearing. �
Plan
Name � � Date � To Attend i
Gabel .
. �
Pl�mel
Barna �
Gerou � � � -
Coleman
Perso:� making �appeal and the fo
notified: �
PJame
ng property o►vners having property within 200 feet
- ,� Date
.
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.T� M Steven. R.�man 8080 Broad N,E� --
, M M P7icliael � P9a���Ely�,LrF -= - - -
• John E. Badger 78Q1 B�ss Lk P.oad, Sui.te 231� Mpls
554:�$ _
J'ean, A, �Jerner 655_Ely_N,E� __ _
.�ohn �. Gallovich 537 Dover N�E9
Gary John Bubl i tz 591 k�over. N. E�.
M/P� Rona 1 d[J, Tayl or 590 Fa i rr.iont N� E.
David Ronald $ RrPncld An�ercp� R�IR Bt^oad �l
M/M John Koczur_G8� Ely N;EQ
P� �� l��i l l i am E Ericksbn 650—E1�_ �I . E. �
Gordon Hed1und 1255 Pi�ke LK Rd New Brigh.ton
55112 .
P�ichael John Geis 630 E1y �J,E,
�NjC9 Da1e A, Dickson GJQ E�v �1.E,
Kevin Stone & Peggy P�ordberg 625 Dover 'J.E�
Judy E, Kishel 641 Dover NeE�
Richard Pris 688 Fairmont I�.E.
M/M Jack P. Smith 640 Fairmont P�.E,
�1/M Michael G, Scarcella 8090 Broad NeE
M M Edward J',: Piersak 625 Fair.mont N,E,
M/P� Randy L. RObinson 635 Ely Fairmont
M/M Virgil L, Acker 630 Glencoe N�E.
Marting D. Hilson 645 Fairmont N,ER
Mari lyn Larsx�n 625 Ely N, E,
8y 4�hom
Phone or Mail Notified
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CITY OF FRIDLEY
8431 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA 55432
NOTICE OF PUBLIC HEARING
;e is hereby given that the
conduct a Public Hearing in
ie Northeast at 7:30 p.m. on
�wing matter:
TELEPHONE ( 612)571-3450
Appeals Commission of the City of Fradley
the City Council Chambers at 6431 University
Tuesday, July 20 , 1982 in regard to the
Request for variances pursuant to Chapter 205
of the Fridley City Code, to reduce the mini-
mum lot area from the required 7500 square
feet for lots p1atted before Decem6er �9, 1955,
to 5500 square feet, and to reduce the front
yard setback from the required 35 feet to 30
feet to allow �he construction of a single
family dwe1ling on Lots 3& 4, Block U,
Riverview Heights Addition� �he same being 625
Ely N,E.
�
Notice is hereby given that all persons having an interest therein will be
given the opportunity to be heard at the above time and place.
PATRICIA GABEL
CHAIRWOMAN
APPEALS COMMISSION
Note: The Appeals Commission will have the final action on this request, unless
there are objections from surrounding neighbor,s, the City Staff, or the petltioner
does not agree with the Comrnission's decision. If any of these events occut, the
request r�ill continue to the City Council through the Planning Commission with only
a recorrmendation from the Appeals Commission.
Iten �2, July 20, 1982
v� � �+� � •.�
625 Ely Street N.E.
'�r : �'ll'�� oti " `1�'�. ;r! ' S� ! : �'�I�1�
Section 205.053, 1B, requires a min3m�un lot area of 7500
square feet for a lot recorded before December 29, 1955.
Public purpose served by this requirement is to avoid the
condition of overcrawding of a residential neighborhood and to
avoid an excess burden on the eacisting water ancl sewer
��i�s ana to �oia reduction of surrounding property
values.
Section 205.053, 4A, requires a front yard setback of not less
than 35 feet.
Public purpose served by this require�nent is to allaw for off-
street parking without encroaching on the public right of way
and also for aesthetic consideration to reoluce the builcling
"line of sightp encroacl�nent 3.r�to the neighbor's front yard.
v� �� :r• ��� 7�Kr
No other land available. Site unbuildable unless variance is
granted. Front yard variance would position structure more
uniformly between existing houses."
C����`,v���1 �+�+;: MA� �+���" ;�/ra�,
This building site is 50 feet by 110 feet ancl locatec] between
two existing structures. There is no larx� available to add to
this site to make it meet Code for land area.
AUt1II7I5TI�11TIVl. ST�nri' k�:I'UF2T
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CITY OF FRIDLEY
APPEAIS CO1�iISSION MEETIl�TG � JULY 20 � 1992
1
Gabel called the July 20. 1982� Appeals Coamnission meeting to order
at �i p.m.
it01rL , ° e
�
MEM�RS PRc�"�ENTs
,�
MEMBER.S ABSENT�
Patricia Gabel� Alex Barna, Jean Gerou. Jim Plemel
Leslie Coleman
O�RS PR�SENTs ��,; Darrell Clark, City of Fridley
`'C�hris Zelevarov� 160 Mississippi Plaae N.E., Fri+dley
Wi�.liam Berglund� 8270 Board Aver�ue� Fridley
Ma�od Abd Karem. 3127 Central Anenue NE
Dona A. i�yland. Jr.. 1125 94th Lane NW� Coon Rapids
Mari].y� Larson. 5890 Stinson Blvd., Fridley
Gilbert`'�;enkv�eld, B�a y4?� Anol�� 1�11
Mr. and Mrs. Z�errence Poss. 321 Hugo Street NE� Fridley
Dale Dickson, 600 S�y Straet N.E.� Fridley
John l�ialoy r 8051 Hroad Avernie NE � Fridley _
William E. E�ickson. 650 Ely� F�idley
, Mr. ar� Mrs. Ralph Officer, 315 Hugo. Fridley
Janet Zaczlwwski; :�14 Hugo � Fridley
John Maloy� 8051 Board Avenue NE� F�3dley
Michael Saarcella. 8Q90 B�ard Avenue NE� �idley
Steve Adelmsnn, 8080 Board Avenue NE� Fridley
Gail Wi11as.8080 $�oad A�enue NE, F�idley
Michael 1�lone � 635 E�► Sti�reet� Fridley
Gus Doty. 6379 Univ�ersity Averiue NE, F�idley
APPROVAi OF JUNE 29. 19�2. APPEAIS COMMISSION IYfIlJUT�Si
MOTION by Mr. Barna� seconded by Ms. Gerou. tc approve,;the June 29, 1982. Appeals
Commiasion m3nutes as written. UPON A 110ICE WT�;. ALL VOTIl�iG AYE. CHA�PERSON
GABEL DECLARF� Tf� I+DTION CARR�D IINANIMOUSI.Y.
1. YAR
,y
OF THE FRIDLE1f G,ITY CODE. TO
�
. E BEING 2 0 BROAD ENU ..• 1 L 1f. Request by Ni�liam erglund,
0 roa venue .., r ey, 5 'F,W
l+I0TI0N by Mr. Ple�l. secondsd by Mr. Barns� to open the puhlic heari.ng. d�ON A
YOIC� YOTE. ALL W2IlJG AYE, CHAIl�PERSON GA�L DECIARED T[� PUBLIC HEARIlJG OP� AT
7s32 P.M. �,..
11PPEAIS C01�9KISSION I�TIldG. JULY 20. 1982 PAGE 2
�
. Gabel read the �dminieLrative Staff Report in'Lo t�he Recordr
� �� •� ������� =t�. �� :_,.,,.,;�y
6270 Bronci Avenue N.E.
ill: {11:��1,ti'1 7�:�/�� :� ; ��.111; ;,�1��1
Section" 05.053, 48, requires a minin� s3de yard setback of
10 feet �r living area.
Public purpb� serv�d by thie requirement ie to maintain a
minim�an of 2�feet betwe�n living areas in adjacent structures
ana 15 feet be%ween garages and living areas in adjacent
structurea to r�iuce exposure to conflagration of fire. It is
a].so to allaw for�aesthetically pleasing open areas araur]
residential etructures.
E-7��+�� w�� : �.7•r�•
'Huilding adaitio
feet fram 13ne is
atES."
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n onto���existing house whi
the anly practical way to
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C. ADNIIl�TISTRATIVE b'DsiFF REyIF3�J: ����
ch is currently 5.8
expand living
Ti�is variance �ras applied for and ap�roved by the Appeals
CanQnission on Novc�nber 10, 1980 but the aadition was not
o�nstructed and the variance became void for non-use.
,
The 8imensions of this property are 110 feet by 110 feet and
located on the corner of Broad Avenue\�i�d Janesville Street.
The house faces Broad Avenue so that is \oonsidered the front
yard. The exietirig house is locsted 5.8 ��eet fram the side
lot line (north) an�d 15.5 feet fran the fr�qnt lot line (east) .
�e addit3on is proposeci off the back of th�,dwelliny (to the
west) and in line with the north side of the �rellir�q. The
ac7dition would not create any problems for the� joining
property awners to the north as their dwelling faces Kimb�all
Street and there would be 52.6 feet between dw�ell%ngs. Sa�ne
consiclerations should be given to limiting windaws��long the
north sic]e of the addition to maintain the privacy of�the rear
yarc3 of the neighbor to the n�rth. `�
Mr. Barglund presentsd ti�e Commiasion members �ith hia buildi�ag plana s�hich
ahoxed the preeent living room becoming a third bedroom and a l,iving room being
added on. Mr. Plemel asiaed Mr. Bar�lund iY he planned to put a�assment under
the proposed ne� addition and he aaid ttiat he d3d. Mr. Berglund lao acted that
the fireplace in the plans xould be deleted and a large windoW sro be placed
there. Ms. Gabel asked if it wdo.ld be a problem to m'�tch the presen siding and
roofing n� terials and Mr. Berglund indicated it wonld not. He added t the
loan for t�ae addition has been appraved so if the vari,ance was approve -,by the
Commission aonstruction covld begin. Ms. Gabel aslaad if he had epoken th his
neighbors and Mr. Barglund said �e ha,d and t.here seemed to be no problem.'`l�.s.
Gabel aslaad if he tr+�uld hav�e tbis contaacted out and Mr� Bsrglund said he �uld
be doing the interior himself� but t�he rest would be contractsd.
�-�
APPEAIS OOI�JMI3SION 1�TIlJG. JITLY 24. 19�82 PAGE
MD by Mr. Plemel� aeconded � I+Is. Gerou� to cloae t�e paialic bearing. UPON
♦ VOIC � AIZ YOTIliTG AYE. CHAIliPERSON GAHEL DECIARSD R� PUHLIC F�AFtIl�TG CIASED
AT 7�42 P. .
IDTION by Mr. B4rna� onded by Mr. Plemel� to approve tiie variancse request
to reduce the side yard � ck on t�e living s3de of a dwelling from the
teqnired 10 feet to 5.8 feet .a]1ow a ZO faot addition to the rear of
an eaiatirig house loaated on Lo�t�� , B1oak P, Riverv3sx Heights� along
vith tbe aouth 2 feet of Lots 48-50,�c.�P. Riverviex Heights. the same
bsing 8270 ffi�oad Avenue N.E. Fri+dley. wit�i`° e etipulation td�t the addition
is iuilt aocording to the plana shown to t�e Co _ ae3,on vhich sho�s uo r�rindoWs
on the north aide of the addition. Th� hsrdship ia�> ,lack of room for an
eapanding fami3y. LIPDN A VOICE W ZE � AI.L Ut�TIlJG AYE �'�� N GA�L DECLARID
T� MOTION CARR?� DNANIl�IOUSLY. f
2.
EY CITY COD
- -- ------ ------ --- --. _...��. ...�. �
quest y � yn Larson 2 y Street N. .. 6i bert . nkve
, Anoka. MN 55303)
_ bgr Ma. Gerou� aeconded by Mr. B4rna� to open the pu�lic hearing. UPON A
YOICE YOTE. ALL VOTIlQG AYE, CAAIl�PE4S'ON GAEEL D�CLA.RED TAE PITHLIC i�ARIldG OP� AT
8,43 P.M.
Ma. Gabel read the Administrative Stiff Report isito t1�e Reaorde
�� �; :r � � �+�• �� y
625 Ely Street N.E.
' 1 : ' U'�' �ti � ti17i' }� ' �� 1 ' ;r Is
Section 205.053, 1B, requires a minina�a lot area of 7500
�quare feet for a lot recordeci before December 29, 1955.
Public purpose served by this requirement is to avoid the
conc7ition of avercraxiir�g of a resfdentfal neighborhood and to
avoid an excess burden on the existing water and sewer
services and to avoid reduction of surrounairg property
values.
Section 205.053, 4A, requires a front yar8 setback of not less
ttsari 35 feet.
Public purpose served by this requireaent is to allvw for off-
etreet parking without encroachir�g on the public right of way
anci also for aesti�etic oonsideration to reduce the building
'line of sight" encroacY,ment into the neighbor'e fro� yard.
APP�AIS COI�IISSION MEETIlJG. JITLY 20. 1982 PAC� 4
��
_ V ?� :I •��.�:11'
Nc other lana availabl�:-'Site unbuiidnble �mless varfanae is
granteci. Frant yard variance would position structure m�re
unifonoly be�ieen eaisting houses.'
C. S�FF RE�iIBeT:
This building site is 50
two existir�g etructures.
this eite to make it meet
feet by 110 feet and located between
There ie no lancl available to add to
Coc� for Ianci area.
Mr. Clark prov3ded t.he Commiaaion membera with an aeri�l photograph of the
property. I�s. I�enkveld e�cplsiried that he and I�.s. I�raon raanted a pbrmit to
baiild on their lot. Mr. Plemel asked if tiieq had any bouse plans and Mr.
Menkveld indicated they did not.because they were not sure the variance would
be granted. but tliat it s�ovld be a apec home. Mr. Barna asked if they intended
to put iri a�sement and Mr, Menkv�eld aaid they had been told they could not
because it was near a flood plain. Discussion followed concerning the pos-
sibility of puttinq in a basement as Mr. Barna indicated it would make the resale
more probablp. Mr. Plemal indicated t,hat Mr. I�ankveld arid l�ls. Inraon iiad
aaquirsd the property by beir►g the aucceaaful bidder on t�t�e lot� bnt that the
lot has not yet been paid for� vhich muat be done before ar�r construction could
begin. Ms. Gerou asloed if there �rould be oYf street parking and Mr. Clark
responded that a drive �uld have to be pnt on the aide of the houae. Mr. Barna
asked �hat Would be inwlved in paying off the lot and 1Kr. plemel said he vas
nct aure ainaB the County Attorney h4d becoms involved. _Mr. Menkveld aaid that
the attorney bad told him to come bnck after the Appeala Commission had met and
reached a decision. Mr. Clark said the City of Fridley would have to be notified
v3a receipt or statement from the County once ti�e property had been paid for.
The following objections �ere made bb► neighbcrs of the property �rho �nere present
at t.he meeting �
Mika Scarcella� 8090 ffi�oad Avenue N.E.i Bnilding on that property will hav�e a
nsgative effect on that lot and other property in the area because that lot is
too amall to build on. Zhere�is also, in his eatimation. a problem now with
off atreet parking �hich might just be inteneified.
Mil� Malone; 635 F�►: One of the concerns. a�ain, ia the crowding that building
a house the�e would create. Also. there is a water problem now ar�d building on
that lot w�ould just create more of a problem. Ee , indicated that he
ia concerned w3th the orowding problem �hich he feels �i]1 have an adverse effect
on property value. �� plemel ssked who had been maintsining the property
and Mr. Malone indicated that 2� and 1�. Adelmann had.
Stsve Adelnann� 8080 �oad� Mr. Ade].mann indicated that he i�ad a deck that
ran to t.he lot line vhich would leave about 15 feet to the proposed structure
and he felt t.hat was just too clo�.
APPEAIS CONA'1ISSION MEETIIdG. JtTLY 20. 1982 , PA___5
.�s.
�le Dickson, 600 E]y: l�lr. Dickaon Waa eapecinlly concerned about t�e additional
oongestion rhich s�uld be areated. He indicated t�at t�e petitioners interests
Nere purely financial= he cauld build� eell and leave the neighborhood. He aaid
hs v�uld feel different if it were to npgrade. but to build a amall house on a
enbataridard lot waa not fair to the rest of the r►aighborhood. He aaid a few of
t�a neighbora might be itztersated iu b�u�ying parta of tbe lot. bnt all neighhors
telt it xaan't auitabls aa a buildsb7.e aite.
i�Tilliam Erickson. 650 E�p� Mr. �rickaon felt the houae �rould look e4ndwiched
becanas it is on�y a 50 foot lot. �ereaa the rest in t.be area are larger lots.
John Maloy� 80�1 Hroad� Mr. Maloy waa aoncerned with the ptrking prob7.em. He�
too� felt the lot xaa too amall to bnild on and vould lit� to aee it divided
among the neighbora if tl�ey dasired. He felt tlie negatives of tuilding t�here
far greater tban the positives. especislly aince it is in the flood plane.
Ma. Gabel indicated t�at Mr. Menkveld dird have the right to request a varianoe
and tbe reason for the p�blic hearir�g xas so t�at ar�yone concerned �rith the
varianae request aould voice their opinion.
Mr. Plemel indicated t�st apprcximate],y $1.9 mi].1ion� gross� iras raised at the
�e 6, 1981� land aale by Ariol� Courity. He said a for aale aign should have
been on t.hat property and ar�y neighb�rs interested aould have euhnitted a bid.
Mr. Menkvel,d did aui�amit the bighest bid at t.hat tima. 1�1r. B�rna asked when the
naxt public avalion of land xould be and Ms. Gabel aaid Spririg on 1983. Conv�ereati,on
follcwed aoncernirig the b3dding. pricing and raturning the property to the ta�c
roles to vY�.ch Mr. Harna responded t�at the Appeals Co�i.ssion had no cont.trol
over auch items. The past practice of the Appeals Commiaaion ia to hear and grant
variances if there are no objections and to hear objectirons if there xere a�r.
He added that all of the other aonversation would not be a determining factor in
the CoaIInission's decision.
I�TDO�J by Mr. B�rna� seaonded by Mr. Plemel. to close th�e public hearing. UPON A
VOICE VOTE � ALL VOTIlJG AYE � CH11�tPERSON GABEL DECLARED Tf� PUBLIC i�ARING CLOSID
AT 8s18 P.M.
I�OTION by 1�lr. Bnrna. seconded by Ms. Gerou� tbat the Appeals Co�ission recommend
to t.he City Cauncil� t�hrougii the P].anning Commission, den3gl of the var3ance
request to reduce the miaimum lot a� from t.he requir�i ?500 aquare feet for lots
platted before December 29, 1955. � 55�0 square feet� and to reduce the front
yard setback from the required 35 feet to 30 feet to allow the construction of
a eingle fami].y dwelling on I.ots 3 and 4, Block 0� Riverview Heights Addition.
the samB being 625 E],q Street NE� Fridley� because of the strong neighborhood
ob�ection. UPON A VOICE VOTF � WITH TI�tEE AYE AI�ID ONE NAY VOTE � CHA�tPERSON
GABEL DECLARF�D T� MOTION CARR�D.
OF THE FRIDLEY CITY CODE. TO
I.—'fH� S�E�Ii�G ��1�HgGt�S�REET N.E. FRIDLEY. TRequest
and Jr. . n Street, no : 30
�
APaPEAIS COI�lISS7�ON MEETING. JULY 20. 1982 PAGE 6
_�
MO ON b�q Mr. Barna� seconded by Mr. Plemel� to open the puhlic hearing. UPON A ��
Y07CE VOTE. AI�L VOTIlJG AiE � CEA�iPII�.SON GAP�L DDCLARF�D 7SE pUffiSC F�ARING OPEN
A� 8i22 P.M.
1�lal.' Gabel rsad th� �dminiat,�tive Staff Rsport i�to the Record�
BD�t�F R�
331 Hugo btreet N.E.
!�.' POBZIC F'URFOSE SF�ItVID BY REQ�TIRfl�P�:
r- _
Secti� 205.053, 1B, requires a minim�aa lot area of 7500
equare feet for a lot recorded before Deceober 29, 1955.
� Public purpose servecl by tt�is requireme�t is to avoid the
condition of overcrowding of a residential neighboriiooa arid to
avoid an excess burden ai the existing water ana sewer
setvices arc7 t�o avoid reductiac� of surrounaing property
values.
8., b`rA7.'ID HARDS�IP:
'bcistirig c7evelopoent has two 25 foot lots left between two
� exieting houses.•
C.� ADMIIQISTRA'1'IVE STAFF RtiiTIIIaT:
The buil8ing site is 50 feet by 102.15 feet located between
' two existirig etructures.
1�':i�►larxi pre�ented t.he Conmiisaion mambars rit�h hia buildirig plans and indicated
th+et t�he p],ana twd been specifical]y deai.g�ed �or that lot. He indicated he had
a i�uildsr and l�s a purohaae agreemBnt on the property ao caristruotion depends
onithe variance being granted. Zhe �use xill be a t.hree level, 2 finished
bec%rooms, double al#ached garage� 10a12 redwood deck and 9�W sqvare feet.
Th� follo�g neighbors were present and voiced tbeir opirii,on�
Mt'� and Mrs. Terrence Poss� 321 Hugo Street� Bot� atated that they �ere not objecting�
bu� just wanted to lmow sihat was going on. After reviswing the plans� Mr. Poss
aa�d it �as s good plan for tiutlocst3on.
Mr� aud Mrs. Ralph Offiaera After revieving tha plan, they too felt it was "the
ho se" for that lot and questioned xhether it could t�e stipvl,ated t,hat if the
va�iance t,las approved that the particular house plan be used.
Jar�at Zaczkowski� 314 Hugo� Mrs. Zaczkowski saird she just wsnted informstion
al�o snd was moat concerned for Mr. and I�Srs. Officer feelinge about the house
bagng placed on the lot.
Mr� Clark sa3d the lot does have water and se�er.
APP�ALS �I�IISSION MEETING. JtTLY 20. 1982 PAGE 7
��� —
l+�_ 1�9 Ms. Gerou, seconded ty Mr. Piemel to close t�e puhlic hearing. QPQN A
YOICE VOTE � ALL VOTIl�TG AYE � C$AIRp�R.SON GA�I. DECLARID T� PUBLIC �;ARING
CIDSED AT 8e40 P.M.
_ by Mr. Barna. aeconded by Ms. Gerou, to approve the var3ance request to
reduoa tbe misiimum lot area from the required ?500 square feet gor l�ts
platted before Decsmber 29� 1955. � 51� aq�re feat to al].ow the oonatruction
of a new dwslling on Lots 57 and 56� Block A� Rivervies� Heights Addition. the
aaar� being 331 guso Street N.E., vith th�e atipulation that the plxns for building
aa prssented to t,he Appeals Co�ission be adhered to aa olose]y as poasihle. The
reaaon for approval was t�at there xas no neighborhood objection. UPON A VOICr,
VOTE� ALL VOTIl�IG AYE, CBA�tPERSON GABEL DECIARED TI� I�OTION CARRIED UNANII�IOUSLY.
4.
MOTION by Ms.
A V�ICE VD1E �
AT 8�42 P.M.
TO
3 [e�evarov 16o Miss
CITY CODE
�
--•--....�.. .�..,..,..� ...�.
ace . �'�d'�ey-,�2 )
Gerou� �conded by Mr. plsm�l� to open tlie �blic hearing. OPON
ALL VOT�OG AYE � CHAIltPERSON GA�L DECLAKID Tt� pUBLIC I�AR�IG OPEN
Mr. Clark indicated that he had mat aeveral times with Mr. Zelevarov oonaer�ng
the tawnhomes he i.ntends Lo �onstruct. Mr. Clark aaid these s�u1d bo ver3r niae
townhomes� with tu�k under garages and tliey would itt irito t.he neighborhood.
He eaid soma modifications bad been msde to the original plans Whiah �ould require
additional variance requests and recomn�ended to t�he Commission t�at this item
ba tab�].ed until proper aotifiaation could be sent. Mr. Zelevarov concurred with
Mr. Clark's recc�endation.
MOTmN by Mr. Plemel� saconded by Ma. Gerou� to tab].e item �4, variance request
fo— r�i?']. Riverview Z+erraoe N.E. nntil the August 10, 1982. Appeals Commission
meeting ao t1�at correct notification aould be issued. QPON A VOICE YOTE� ALL
VOTIlJG A7�� CHAIltPERSOR GA�I, DECLARED TI� I+�TION CARRIID UNANIl�pUSLY.
5.
ner
T
TO
se Drive N.
205 OF
�3/9 UnlverS
Fridley. MN
FRIDLEY CJTY CODE. TO
.�.
3
:'�.
_ by Mr. Bsrna, seconded by Ms. Gerou. to �raive the readin� of the
Administrative Staff Report. UPaN A VOICE VO�, ALL YOTIl�TG AYE� CHAIRPERSON
GA�L DECIARID T� 3dOTSDN CARftI� UNAHII�USLY.
- - --- - ..
AP�'EAIS COI�SISSION MEETIlQG. JI1LY Z0. 1982 PAGE 8
Ms� Gabel aal�d Mr. Dotty if ��s aware oP t�he Stsff's request to postpone �
�euring of this variance requeat nntil the �tA bad the opportunity to review
approve it. Mr. Doty repli�ed tistt he �as aware of t�Lat fact. but hoped
to change the minds of the Commiesion membera and hear t�,e variance request
ev�enis�g. Mr. Doty al�aLed t.�at he bad been adviaed t.�at the property
be�ng diacueaed would be aaita,ble For a� office bui Iding and t�ant ite xished
to conatruct one for bis present tenanta to move ir�to npon demolition of t.he
pt�sent bnilding. The pre�nt tenanta h4v+e been told tl�at they mny nssd to
ev+ncnate by Fe6�uary 1, �ith the demolition to be completed by July 1� 1983. Mr.
Dotiy eatimnted avacvation at abcut Msy. Se added t�t evenif the variances
we�e granted. � and Staff could still aome in and bu�y the property at any
time and that a delay at thie point w�uld only cause bsrm. Mr. Doty said he
bao been �orking irith staff for months on this project and ti�at they l�ew
xi�t i�s s�as p],anning. He also said tbat as oY today• a date � the new building
vaq 100$ rented. He wis�ed to atart constrnction now so t.hat work could be
do�e over t�he �iinter With occupancy W2�n the old facility xas demnlished. He
co�cluded by aaying that the on],y peraon tisat �ould be hurt by the del,ay now
va himaelf in terms of Financss 3nvalved.
Me IGai�le aBlaad Mr. Doty if he wxierstood ti�at if his request xas heard this
evelning and if one request xas denied tbat he would have to �rait s3x m�nths
be�'ore auimitting a request for Lhe same itemY Mr. Doty responded that i�e
un�erstood there �,rere multiple requests. but t�at they r�ere reasonable requests.
lris.� Gabnl asl�d Mr. Clark if there would be any additional var3ance requests
aridj ire aaid ori],y if the bssement of the prcposed facility xas to be nsed as
ooa�roial spaoe and then the.gsrking would be below code. Ms. Gabel requested
t�,'t it be steted in the mir�utea ttiat the propoaed building �rould be two
lla,ors of office space and that ao officea �rould eaist iu the basement area.
Mr.� plemel indicated he understood Mr. Doty'a position and added t.�at he Wished
the� �► were present to voice their opinion. He aalaBd if this Was ia the tax
inclrement district and Mr. Doty said it was.
Mr.'Doty sa3d he vas interested in getting the feelings of t�ie Commissioners
aa �to if the plan itself waa sound eo that 3f it did get held ov�er until the
Ii�A had seen it he �ould be reasonably eure t.he var3ance requests would be
app�oved and Mr. Plemel said it �as a pub7.ic hearirig and if they �rere r�ot going
dis,�uss the matter they could not give bim their opinions.
Ma.IGabel indicated that there seemed to be a commu�nication gap xith the Commission
stu�ck in the middle and she didn'L feel she had sufficient "faats" to act on the
req est until after the i�tA had reviewed it and some of the questions from the
rs had been answered. Ms. Gerou agreed with her. In the meantime. Ms. Gabel
sa she �rould attend the S�A meeting to try to facilitate a decision.
1Kr. Plemel felt they shou�,�d hear the request and felt it unfair thit Mr. Doty
Waijt -far a decision by the i�A. Se felt a representative �hould be at this
mee�ting to answer questions. Mr. Barna concurred.
Mr. Doty aslaBd the Commission members to viev the situation from his point. that
bei�g thst the entire process �rovld be delayed one more aanth before the variance
req�eat would be heard with no guarantee ti�at it xould be approved. In the
mea�time� there Was also no guerantee that I�tA would discuas'or decide ar�ything
YPPEAIS COMMISSION MEETIlJG. JI1LY 29. 1982 PAGE 9
= at ti�eir Anguat 12th meeting. He rsiterated tbe fact t.bat the on�y one who
lbod to looae at�pt�ing from the delay Waa bimself. He also noted his frustration
in working tbrough ti�e ayatem for mcnths, y�st no decisiona bad been made to this
point aad felt there Woas no reason for postponing diacuesfon or a decision.
l�. Gabel said a�e m�deratood his frustration. bnt �ust didn •t feel ahe had
enough iriform4tion to diacuaa the requeate or malaB an intellig�ent decision.
lds. Gabel aalasd xhen he �auld be ready to build a� he replied aa aaon as
t�e v�ariances are grcnted. Ma. Gabel reiterated that she personally �rould
attend tire ffitA meeting t� August and do eve=ything in her power to aee tbat
t.he item �rraa acted on�
l�i0TI0N by Mr. Plemel, seconded by Mr. Barna. to ppen tl�re puhlic hear3ng. UPUN A
VOICE VOZE, WITH MESSRS . P1TsMEI. AND BARNA VOTIlJG AYE. 1�11dD I�.S . GABEL AAID MS . GEROU
VOTII�IG NAY, CHA�tPER�ON GA�L DECLARED �E MOTION FAILED DUE TO A T� YOTE .
Ma. Gabel aoted ti�st if the �tA doea not tals� action at t�ir August meeting. the
Coa�ission Would hear the variance requeat anyway at t�he�ir next meeting following
the i�tA seetirig.
_ by Ma. Gsrou� a�corided by Mr. B4rna� to adjourn. UPON A VOIC� VOZE, AI�L
YOTIlJG AYE � CHAIItPERSON GABEL DECLARED THE JIJLY 20, 1982 � I�CTIlJG OF Ti� APPEALS
COI�SISSION ADJOIIRNr'� AT 9e45 P.M.
Respect�ully auhmitted.
Pat Von Mosch
Recording Secretary
�
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i'��
��. J�: v���+M��. • __ ,r� �+ .
�
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0
� A�"-' t,ITF�i FROM APPFALS �MMIS�SION MINUTES OF JUNE 29. 1982r REOUEST FOR
y�uTAt�'F. �p RmUCE THE FRONT YARD SETBACR AND SIDE YAR� SE'�'F3ACB '�
Ar.TnW C'_(�NSTRi1CTT(]N nF A FOUR-PLEX AT 5600 4TH STREET BY S& R
L
Mr. Flora, Public Works Directo�, statec�, as discussed earlier in tne
meeting, c�iring the public hearing, the variances,, requested are to reauce
tne trorit yard setbacK trom trie required 35 feet: to 30 feet and reduce tne
side yard setback rrom the required 35 feet to.;<�5 feet. Mr. Flora stated,
during discussion by the appeals Ca[anission az ttie public hearing, it was
relt tt�e side yard setbacK ior tnis stru�ture should be no ctoser tnan
16.25 feet in order to align this Duilding witn tt►e ott�er properLies on tne
East sicle ot 4th Street. .�°
Mr. Flora stated the Appeals Canmiss.�on and the Planning Commission �tn
rec:o�anenaed approval ot the variances witn t1�e toltawing stipulations: (1)
the petitioner worK with the Cit,�' on tne landscape ptan; ( 2) screen tne
reruse ooritainers; and (3) stri� the outside parKing stalls. He explained
a rourtn stipulation tor a�"�n foot boulevard easement, theretore, an
additional ten teet is not required.
Councilman HaQnerniK askecl ,�tart u they were comtortabte witn a side yard
setback or 16.25 feet. �fit. Flora stated ttie plan for tne building provides
ror a 25 foot setbacx, �1`iowever, the Appea,ls Co�nmission � s action was tnat
tnis structure be no t�loser tt�an 16.25 feet so i�� gives tne developer some
L1EXibility. �
Councilman Hamern}.�c stated what ne is saying ttien is, that the building be
no closer than 1�'.25 feet, but it cloes not have to line up witn tne otner
properties. He stated the only reservation ne� nas is i= tne City nas
enougn aontro�:
Mr. Flora s�ated, as long as the approval indicates �ne sicle yard seLbacK
snould be �io closer ttian 16.25 feet, statr nas no probiea witti it, but tney
wouldn't �iant it any closer. ;�
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1HD'iION l�y Councilman BaQnernik to approve the variances, a recommended by
8a n
ttle als (:atQRiSSion to r2dUCe the Lrollt yarC! setDack tr tile rEquired
35 f�tro 30 feet and to reduce the side yard setbacK traa tc�e required 35
fee to a distance not less tnan 16.25 feet, with ttie�rollowing
st�p�ulations: (1) the petitior�r work witn the City on tne landscape ptan;
O screen tt�e retaase crontainers; and� (3) stripe tne outside, parking
,B�C�d118. Seconded ty Councilman Schneider. Opon a voice vote, ai�:. voting
�` aye, Mayor Nee c�clared the motion carnecl unanvnously.
� B 7TF9h �u(� NpPFnT. ISSIUN MINUTE� OF JOLY 20. 1982t. R�OUEST FOR
: � _ ��. �� 4� ' ���' �+�4
Mr. Flora, Public Works Directo�, stated this property is in tne Riverview
Heignts area ar�d located in the 600 blocK of Ely Street.
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•� J�: ,r!��+M1�. • _!-���� ' = e�f
MOTION by Councilman Fitzpatrick to waive the readuig of the pu�lic hearing
notice and open the public nearing. Seconded by Councilman Schneider.
Dpon a voice vote, all votuig aye, Mayor Nee dectared ttie motion carried
�manimously and the pvblic nearing opened at 7:46 p. m.
Mr. Qureshi, �C�i�ty Manager, stateci the ownership nas cnanged at tnis
establist�ment, ;ttierexore, this public hearing is required.
��n
Mr. Lrman, City �.erk, stated a background investigation was conaucted uy
tne Public Safety``Director and he recoamnends approval ot tne license.
No persons in the aua�.ence spoke regarding tt�is on-sale�t�eer ticense.
MDTIOTI by Councilman Fitzpatrick to ctose ttie pudlic-ihearing. Seconded by
Councilman Barnette. Upon a voice vote, alt voting'aye, Mayor Nee declared
the motion carried unanimously and the public nearing closed at 7:47 p. m.
. � : ��►�,
���,. i� �+;.M • � • ._'_ti� ���4v!�+��- �� <-. . �_ !�y�y- -, •-� �z.: �;� :
MO'I'ION by Councilman Schneider to table this iten. Seconded by Councilman
Barnette. i�on a voice vote, al1 voting aye, Mayor Nee declared tne motion
carried �uian�mously.
N�T BUS �; '`
� �
F� CONSIDERATTON OF FIRST RFp�ING /VOF N ORDIN NcF ON VACATION R�nrTFST
�,AV #82-02. S & R �Fnm ��y;
�'r
A�,
MOTION by Councilman Haig�rniK to waive tee reading and approve tne
ordinance upon rirst readuig. Seco�ed b1i Councilman Fitzpatrick. Upon a
voice vot�, all votinq ay�, Mayor Nee declar�d tne motion carried
�aninnousiy.
r,c
Mr. Flora, Public Woi�ks Directox, statea a letter wa�s received tram tne
peutioner requestiflg ne be able to starL construction as soon as possible
and to t�ave a uuitding pernut issued prior to the seconci -reading or tnis
ordinanc�. �'
i�TION by Cou�icilman HamerniK to allow the stai= to issu� tne building
permit, pripr to the second reading ot tne ordinance. �Seconded by
Councilman �arnette. Upon a voice vote, a11 voting aye, Mayor l�e dectared
tne motion�"carried unanimously.
' �-`� . !� � � : .
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bY Councilman Schneider to adopt Resolution No. 67-1982 setting tne
hearing on this item tor Septenber 1�, 1982. Secor�ec] by Councilman
k. Dpon a voice vot�, alt voting aye► Mayor Nee declared tne motion
iu�animousiy.
��. ��: y!._����., �� ;.� r, �+ .,�
He stated the request is tor two variance$, one is to reduce ti�e m�.nimum
1ot area =rom the required 7,500 equare teet to 5,500 ssquare teet, and tne
otner is to reduce the tront yard setbac�c traan tne requirect 35 feet to 30
feet to attow ror the �nstruction of a si�le raon�ly dwellu�g.
Mr. Flora stated, �ring the nearing betore ttie appeals Commission, six or
tne neignboring resictents spotse against ttie variances addressing tne
park�.ng probtens, trie crawding of the structure on the property, and tne
adverse efrect to the property values in the neignbornood. He furtner
stated, based on the appeals irom tt�e resiaents, the Appeals �ammission
recamnended c�enia.l oi the vanances.
Councilman Fitzpatricx stated tnere is a recamnendation tor denial tram tne
Appeals Gonmussion, based upon rieignborhood obJections, hawever, he belives
there was ctiscussion, as rerlected in the minutes, about how crowded tne
structure waud t�e oai a lot of only 5,500 square reet. He stated it should
be pointed out the ordinance calts ror 7,500 equare reet and even tnis is a
reduction tor lots of this kind plotted before tne mic�le 50's. 8e stated
tne requirenern tor most City lors is 9,000 square teet so it reatly is a
large variance request tor only 5,500 equare teet.
Mr. Mike Malone, 635 Ely Street, stated besides the tact tnat tnis is an
unaersized 1ot, the nouse to tne East of teis properLy nas already been
given a variance so that is a�naller lot. Mr. Malone stated he was also
concerned about the water run-arr traa this lot to�wards his house since ne
does t�ave water problens. 8e turtner poirned out tne street is narrow ana
tnere is also a�rking prob.ten.
Councilman Barnette asked ir tne water running oft tnis lot comes towards
Mr. Malone's house. Mr. Malone staLed tbe roof line of tne proposed
clwellu� would ne built tawards his nouse. He explained the lot is lower
than the tiouse on the oorner oi his lot, so it would need till and cause
anotner problea.
Councilman Scnneider asKed Mc. Malone it t�e was aware tne 1ot was going up
ror sale. Mr. Malone stated he was aware it was up tor sale, but was tola
by the City that is was an tmbuildable lot.
Mr. Dale Dicxson, 600 Ely Street, stated this isn't a case where tney have
someone �.nterested in improving their property, but where sanneone wi11 come
in and put up a structure and leave. He stated, at tne time he purchased
tn.s nome, he was told it was one building site ana dian't reel tne rules
Sh011ld be Ch3flg2d. He pointed out t�is was not a snall variance, but trom
9,000 square teet required of most City lots to 5,500 square teec. He
stated he didn't teel the neignboring property owners should be penalized.
Mr. Steve Adelmann, 8080 Broad, stated the proposed structure would be
witt�in 15 feet ot his decx ar� relt it was really too ct�e.
Mr. Mike Geis stated ne nas lived in ttie area ror 30 y�rs and tnere really
is a parking problem as the street is narra�w. ee sLated tne lot next to
nim is 50 feet and, if this variance is approved, the City may receive
otner requests to build on a 50 foot lot.
s°
t���J� � _.3����. �1 �_I_e;l �+
Mr. John Malloy, 8051 Broad, stated tus only convern is tne parking probtem
as the street is narrvw and in tt�e winter it is eard to get through.
Ms. Iarson stated when they bid on the lot, tney weren't told it wasn't a
�ildable lot. She stated ir tney t�ad icnown it wasn't a buildable lot,
they w�ouldn't nave bia on it.
Ms. iarson stated she tried to visit witn everyone on botn �iaes of tne
street tJo obtain their reeluig on the proposed tiouse. She stated, with tne
exception ot those present here ttiis evening, two persons didn't want to
voice an opinion and the otners signed they �dn't nave any ob�ections.
Councilman FitzpatricK stated it should be pointed out tne persons who
dian't nave any objections doesn't include those residents immediately
ad�acent to this property. He stated the six closest persons to tnis
property do t�ave ob�ections.
Ms. Iarson stated sameone i.n the City told them tt�is was a buildable lot,
but relt ttiis was an tionest mistake. She stated atter tney purchased it,
they were told that pernaps it wasn't buildable.
Mr. Menkveld stated Ms. Larson is now in a lawsuit with tne County over
this lot arr� had thea stay tt�e time until atter they could checK witn tne
City.
Mr. Menkveld stated there is ofr-street parking on tt�e lot and tne drainage
is =ran the back of the lot to tt�e street. He pointed out tne lot is not
in the rloat plain, except tor a�nall oorner.
Mr. Menkveld stated, it the neignboring owners want tne 1ot, he wOUld be
uelignted to sell it to tnea tor wriat tney have into tne lot. He�stated
tne County wants $6,050 for tt�e lot and ttiey tsave anotner $600 into it. Mr.
Menkveld stated someone tran the City gave tne ap�raisal tor $6,000.
Mr. Menkveld stated at the auction tne auctioneer stated $6,000 was awtul
cneap ror a buildable lot and that was tne reason tney bought it. He
stated the Appeals Ca[mnission t�as given approval tor enaller lots.
Mr. Qureshi, City Manage�, stated ir tnere are no objections tro�► tne star=
and neignbornooc�, the Appeals Commission has tne autnority to issue an
approval ror variances on single ramily lots.
Mr. Dickson stated he telt they have some halt trutns as Mr. Menkveld
stated tne property was represented to tnem as being buildable. Mr.
Dickson stated, at tne County sale of property, they do not make any
oonditions about the lot, whetner or not it is buildable or in tne tlood
pta�.n. He stated the �mnent by the auctioneer saying it is a good price
tor a buildable lot cbesn't, in any way, warrant it as a buitaabte lot. He
explained the persons wishuig to buy tnese properties are responsible tor
cnecking what can or cannot be done witn tne property.
Mc. Menkveld stated it was stated to tne� by the City tnat, it tt�e tot is
in the tl�d plain, some till would have to be added. He stated tney
woulc�i't nave bid on tde lot iL tney t�adn't oontacted the City iirst.
.�.!�: � � .�+���: �� :_�� � T�L'I:y�
��l
Mr. Menkveld stated he is willing to lose tde $600 tney t�ave iato tt�e lot,
if the neignboring residents want to pay tne $6,050 to tne County. He
pointed out the County is �w suuig Mrs. Larson tor payment ot tne 1ot.
Cauici].man Fitzpatrick stated pernape so�ae acic�itiaa�al informazion has come
to tt�e Council's attentia� during this discvssion, and maved the rollowuig:
MOTI�i by Councilman FitzpatricK to receive petition No. 5-1982 and to
table this iten to ttie next regular meeting on Septe�aber 13, 1982. Seconded
by Councilman Barnette. Opon a voice vote, all voting aye, Mayor Nee
declared the moti� carried unanimously.
The Council asked tor turtner information trom starr on otner similar
inciaences and the question of thea being told it was a buildable lot.
MOTION by concilman Schneider to receive the minutes of tne Planning
_. Ca�nission meeting of August 4, 1982. Seconded by Councitman Hamernik.
Upon a voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
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i �`� , ]�� ��A � � . . � ���z- ��, ti� . �3, i_�� i�� � � \N � � \
1 !� _ �� � 4�! ��4�+�i: �; '_� ��+s_�� a� a�y � � -
MOTION by Councilman eamernik to adopt Resolution No. 66-1982. Seconded by
Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
i_' .� �i�4� �±���- �4 �yl' !a��!-
MO'I'ION by Councilman Fitzpatrick to concur witn tne toltowing appointments
dy tne City Managers
.�
Lee Ann Mortenson
10961 Norway St.
Coon Rapids, NIlJ
55433
Scott B. R�obinson
Ro
$ Robert Brodercik
RR #3, Box 94
Nortnrield, N�11
55057
P�ITION
Office Assist.
Police Dept.
Folice Offioer
POliCe Dept.
�'�r�:`.�
.-
�.. _�
$1365
per
mor�tri
�
� RF'P�TA�FR
August 8, Gale
1982 Anderson
August 23, Jan►es
1982 Bankston
Seconded by Councilman Schneider. Opon a voice `rote, all v+r��ng aye, Mayor
Nee delcared the mocion carried imanimously.
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MOrt'ION by Councilman Schneider to authorize payments ot Claims No. 204502
througn 225I�.0. Sevorided by Councilman Barnette. IIpon a voice vote, a11
vating aye, Mayor Nee delcared the motion carried unanimously.
�
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1HDTIOi�1 by Councilman Fitzpatrick to apprwe tne licenses as suumitted ana
as on rite i.n rhe License Clerk's Office. Seconded by Counciltoan Hamernik.
Opon a voioe vote, all votuig aye, l�layor Nee dectared tne motion carried
tuianimously.
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MOTION by Councilman Barnette to approve the estvoates as su�tted.
Herrick & Neamian, P.A.
6279 Oniversity Avenue, N.E.
�Fridley, Minnesota 55432
For services rendered as City Attorney
ror the montn of July, 1982
Reys Well Drilling Campany
413 Nortt� Lexington Parkway
St. Pau1, Minnesota 55104
Partial Esti.mate #2 - Repair Weil #3
C. S. NkCrossan,
P.O. Box A.D.
Osseo, Minnesota
Inc.
55369
Partial Estimate #2 - Street Improveaent
Pro�ect ST. 1982-1
Partial Estvnate �2 - Street Improveaern
Pro�ect ST. 1982-2
$ 2, 075.72
$12,600.00
$22,477.31
$77,823.44
- . .-. . • _ii- 1.. . �- . - . . - .
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MOTION by Councilman Schneider to direct tt�e administration to sena a
letter ot tnanKS to Totino's anc� the Rnights of Columbus f or tneir
contribution to the Fire Department. Seconded by Councilman Ha�rnik. Upon
a voice vote, alt voting aye, Mayor Nee delcared the motion carried
unatumously.
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Gilbert Menkvold
Box 547
Anoka, MN 55303
CITY OF FRIDLEY
8431 UNIVERSITY AVENUE N.E.� FRIDLEY� MINNESOTA 66�3Z
TELEPHOWE. ( 812)571-3450
September 20, 1982
Dear Mr. Menkvold:
CITY COUNCIL
ACTION TAKEN NOTICE
On September 13, 1982, the Fridley City Council officially denied your
request for a variance to allow the construction of a dwelling at 625
Ely Street N.E., legally described as Lots 3 and 4, Block U, Riverview
Heights.
If you have any questions regarding the above action, please call the
Conm�unity Development Office at 571-3450.
S�rely,
CITYvPLANNER
JLB/de
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