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AF-VAR - 41628�:= F� � 8tf�dEGT � �Il�� °Il�� . r� 4 AT Tkf� TQ� OP T64� T1�IN� � r ; ,.-------, GOhstaU�ITY pEVe49��t�T OIY, APPLICATION TO BOARD OF APPEALS � � � p�oY�Criv� �+�s�c�'I�W �:� �` � r-_.� ; cirv a.a46 P't�e�t�4v Br��3B L.�....�e�� .J 41B'��"3C+�°-0 yt�`�+'3^+ P3QV. pATE PA�� OR �E��OVED 9Y Z 3 1 2 800 Name _,,�' AddressS�p3 C�K7�'�� ve��'g' Phone �,°� /�%i�v'0 l�ovlsEl�'�1 �U� . % � . �"�'i��-/ % D-'�� ega Lot No. Block Noo Tg ct or Addition Desc. 3�% `.��' v � U�PY �� f' � Variance Requested (Attach plat or survey of property sho ing location of propose�l building, etc., including adjoining properties and ownership within 200 feet of said property.) ' !� % 7.�� S o �s0 . (o�� /c �Q�: �i• �. Meeting Da�e .y, Fee Receipt No, � �� ; . ;� , �Q �, �i ;.�-. � �� 3�/ Opinions and R.eco�nendation by the Board of Appeals ,'� � �� -� � -+' - Q,�� J� �'St.�-��1% - ,O�J��.e -c° .� � '� 1 �� 9•LftJf JI ] l 1� .V -- For Above Recouanendation Against Reco�nendations �� .� �City Council Action and Date , lC� -�! - ' )%l - — E � £3U�.IEGY � �� APPLICATIOfJ TO BOARD OF APPEALS `;� AT T6i� TOP OP TN� T`f�1�8 r �� 9 1 1. � � - ___ (Staff Feport) � t, - --� GO{d�VPl1YY D�V�6.��?��Ni DIY, � � � {'630YEGYIV�' �'il�'�CY1�6 C<��T, � � �"'� � CISV Iddt�L RRI�LFY 6�� 4...,,�J�.� .J 41i3'��0^3�m 781X"�✓�33 idQV. QATE P�9�� 07+ AGPF:OVED BV 910�F23 0 2/15/73 2 2 800 Comments by administrative official denying original request for building permit or oth.er permit. (To be completed by administrative o�'ficial. Appropria�ce Ordinances and sections of Ordinance to be cited.) , Board members notified of ineeting bq List members, date notifiecl, and "Yes" or "No" for plans to attend hearing. Nasne Date P1an to Attend � ` . S �.��, �>. �°c; �� z t� L_ � G��tcL. �=�C� L�c'� �� S � - ,r��,3 f�l_� }ti��_� ctS � � � �� a ' Person making appeal and t e following propexty owners having property within 200 feeic noiified: Phone Notified B Name �Date or Mail (Initial) i� a _�i i� I r , r ' • i -..�C' f= ( � l 'i ( S lC: �•.� - ")° �' �ti� -�_ d � � � r_l � �` i � � .� �:�r -�s,�°c : � � „ � � � i, . �L�dti � `� �r ' �`� �•�� °L:�: � � \ 1 � _,riL Y� L�L ` : l L:��""`^" L_1.�� L� A .� �i ' N - �'`� �L� ��i �_t_%_ � _l ' �''�� L_i " �� t � �_� -a �» �� _� � � � �l� _ �.�p i � ��,�� - �` �� - �� ',, � .�:_, � �� _ ,�,;� �� _� � -, � � -� � ��',_ ��r��,,, .. '„ �,;�� .��:^�� :_ ' '� r��cc* ��'� �r � c�� /l� ` 1'j�� ` ��x"� ��_�� -Z� �,S ��, � �C °;c t2, �, g�� ,�1�° ,, - , �r- .Y'� � d-C '� �� l' L�l`�� L��. �f� �� y r��`� '�PC C�rY�C.�IC C?C�' � � �.A_i-Y: . ;��, " �c�v � C. S-.�,i_k 1,.� C .0 �' - 2., t . °. E � � � �'1 ,C—��2_: � Cc S � � . � �� , �t � � _ . > �� r ��'�� '� t � �+_� � -� � �.� � � � �� ' � S�� , �+ � . , �o�'� � .. �..�`��1.i .u, . J°'�; r si I�.i, - i�l�,�l.. �1 � � .�.i _� 1 l f1c i '1 � ' � � _ /-'�:i: C.� � �a //�-.'----- � OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC �:ARTN(', BEFORE TIiE BOARD OF APPEALS TO WfiOM IT MAY CONCERN: NOTICE IS IiEREBY 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 consider 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 5500 square feet, to allow the construction of a dwelling on Lots 37 and 38, Block V, Riverview Heights, the same being 640 Ely Street N.E., Fridley, Minnesota. (Request by North Metro Construction, Inc., 5203 Central Avenue N.E., Minneapolis, Minn.) Anyone who desires to be heard with reference to the above matter will be heard at this meeting. WILLIAM A. DRIGAN5 CHAIRMAN BOARD OF APPEALS rayc � The Minutes of the Board of Appeals Subcommittee Meeting of October 15, 1974 , ° ` Chairman Drigans said they have to understand the developers intent to use the lot and develop it. He said there are quite a few of these sized lots in Fridley that were platted before 1955 and need only 7500 square feet of lot area. Mr. Steen said they bought the land knowin�g that they needed to change the Code to build on it. Chairman Drigans said its not that they are changing the Code, it is letting the City control the type of construction on thi.s size lot. He added some lots need variances to 1et people develop the land. Mr. Crowder said it looks like a good house for the area. Mr. Plemel said this lot was picked up at the County tax forfeit auction. He said both the County and the City want these lots used and bringing in rev�nue. MOTION by Gabel, seconded by Plemel, to close the public hearing. Upon a voice vote, there being no nays, the motion carried. Mr. Crowder stated he sympathized with the neighbors as it is easier to have the lot vacant, but from the Board's standpoint, this is a lot where more property can not be obtained on either side. He said it is a buildable lot but it does not meet Code. He said the Board has granted other variances of this type in this area. Mrs. Gabel and Mr. Plemel agreed. MOTION by Gabel, seconded by Plemel, to recommend to the City Council, approval of the lot area variance. Upon a voice vote, there being no nays, the motion carried. X 4. A REQUEST FOR A VARIANCE OF SECTION 205.053, 1Bs FRIDLEY CI'l'7Y CODE, TO REDUCE `I'�i� �,t�''' MINIMUM LOT AREA REQUIRED, ON A PLAT RECORDED BEFORE DECEMBER 29, 1955, FROM 75�C� l/ SQUARE FEET TO 5500 SQUARE FEET, TO ALLOW THE CONSTRUCTION OF A DWELLING ON LOTS 37 AND 38, BLOCK V, RIVERVIEW HEIGHTS, THE SAME BEING 640 ELY STREET N.E., FRIDLEY, MINNESOTA. (REOtJEST BY NORTH METRO CONSTRUCTION, INC., 5203 CENTI2AL AVENUE N.c., MINNEAPOLIS, MINNESOTA.) i+�Lr. Dennis Barker was present to present the request. MOTION by Plemel, seconded by Gabel, to waive reading the public hearing notice. Upon a voice vote, there being no nays, the motion caxried. Mr. & Mrsa Bill Erickson, 650 Ely Street, were present to voice their objections. Mr. Barker explained they plan to build the same split entry on this lot as on 531 Fairmont only narrower. He said there will be no garage and they will meet all the setback requirements. fi9r. Erickson said when his contractor built his home, in 1965, he had wanted to buy these lots and then make two building sites that would have been 62 feet wide, but the City wouldn't let him do it. Now this man is trying to build on just 50 feet. He said he didn't think there was any difference now than then. Mr. Crowder said the Code is the same as it was then. He said Mr. Erickson's contractor could have as3ced for a variance and a lot split but now there is no other land available to buy. � Page 6 . ' The Minutes of the Board of Appeals Subcommittee Meeting of October 15, I974 Mr. Erickson stated the house that is being constructed on the corner (600 Ely Street) had to be raised up to meet the flood plain requirements. He said if this house has to be raised that high, the basement level will be even with our first story. Chairman Drigans noted that if this house is in the flood plain, it will have to get a Special Use Permit approved before it can be built. He explained to Mr. Barker that the City recently passed a flood plain ordinance that has to be complied with. Mr. Erickson asked if there would be another meeting to determine the elevation that is necessary. Chairman Drigans said this Board can only act on the variance and the Special Use Permit would have to be approved by the Planning Commission so there would be notices ma.iled out. Mr. Crowder asked how high the flood came on Mr. Erickson's house. Nlr. Erickson said he wasn't in it then but he was told it covered about 7 blocks. Mr. Erickson said there is only one other 50 foot buildinq site in the area. He said he didn't think of bidding on this lot when it was put up for sale at the tax forfeit auctian because he was under the impression it couldn't be built on. He said he would be willing to buy these lots from Mr. Barker if they couldn°t build on them. Mr. Erickson also said this lot is the drainage path for this area and where is the water going to go if he builds? Chairman Drigans said it has been the policy of the Board to approve a lot area variance if the lot is buildable if the applicant can meet all the other Codes and get financing and if the lot has good soil conditions. He added the Board can only act on the variance. The other items such as drainage and elevations are handled by other departments of the City. Mr. Crowder asked Mr. Barker if he would be willing to sell the lots if they prove somewhat unbuildable as Mr. Erickson has indicated he might be willing to l7uy them. Mr. Barker said he wou?d first have to check into the flood plain ordinance requirements. Mr. Crowder asked what the next step would be for Mr. Barkar if the variance was approved. Mr. Mattson said he would have to come into City Hall to check on the elevation requirement and see if it is possible to meet all the other flood plain regulations. MOTION by Crowder, seconded by Plemel, to close the public hearing. Upon a voice vote, there being no nays, the motion carried. Chairman Drigans stated that if the variance was approved, it would have to be subject to meeting the approval of the fload plain ordinance and/or approval of a Special Use Permit. , MOTION by Plemel, seconded by Crowder, to recom¢nend to �he City Council, approval of the variance subject to meeting the approval of the flood plain ordinance and/or approval of a Special Use Permit. Upon a voice vote, there being no nays, the motion carried. 5. A REQUEST FOR A VARIANCE OF SECTION 205.053, 1B, FRIDLEY CITY CODE, TO REDUCE THE �IINIMUM LOT AREA REOUIRED ON A PLAT RECORDED BEFORE DECENIDER 29, 1955 FROM 7�Q0 ��UARE FEET TO 6511.9 SqUARE FEET, TO ALLOW THE CONSTRUCTION OF A DWELLING ON LOTS 30 AND 31, BLOCK 7, SPRING BROOK PARK ADDITIONs THE SAME BEING 7998 EAST . _. �. H. BRADLEY CIVR ENOIN�fi AND $URYB1fOR , 3829 -24TX AVENUE SOUTH MINNBAPOLB. IdMNE801'A 8800! 72d-2188 � � 0� � ,��,�'Cr+a; e.�! �,i� �°' ��'�`��i�,�.� �..��"�� ,� � � ,� s �`� � � �� / �'��. �`�� +� ��f # � �!t l.� ��,..m„ �,a,,..,,,�.�.��..�.�...e....�- — � � � � �� . � �: _ � ,I � r � a `ei � 4 � �� • € � �°+.t i i c f , �� g r � � � �¢ � � � � P'�► � � � � a� � ` � � _ '� �,., � _ ...� �•. r„� ,� :�• �� ,�'� � �e / �` � ;�� ` � �'�� "�.� �� '� �,��-►��h.� � � _ �n� ; �;�� ^ 3 BOARD OF APPEALS ITEM #4 �__ - — � �� ;,� ��.. `� ° z °� � � �� " � � � � :� � �'" -�'�° �' � � � � �� , � � `� �' ''�.� � h� � � `�� ;,,, �. � . � � � � � '� � � � � �� , '�, vJ�� 3 � � � �� `a ��t � �- � ` �� . �? � ` ",-., "�� ! � _�°'�n Yo � � � � ,� � � �� ` � � �� _ � �� 9� -�-;�„ �` �, '� � �:.� � 3� ` �` � � � �� . � � � � � � � � � � � � �� RE6ULAR COUNCIL MEETIN� OF OCTOBER 21, 1974 . rRyt 1[ EAST, FRIDLEY, MINNESOTA. (RE UEST BY NORTH METRO CONSTRUCTION, INC., 5203 CENTRAL E �E� :;� S;� I Counci7man 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 recor�nend 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 j to increase their own yards. � � �� i i , � I, 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 bui7t, it had been determined that it was o nly possible o build 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 a11ow building on a 50 foot lot. Mr. Dennis Barker, representative of North•hietro Construction, said the people had a chance to buy the lots for years. He thought they had used these Tots 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 Dir.ector 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 bui7ding 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. EST FOR A VARIANCE GF SECTION 205.053, 16, FRIDLEY CITY CODE, TO MOTION by Councilman Nee to table any consideration on the variance request for one month. Secopded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. This item was tabled at the subcommittee level. EST FOR A VARIANCE OF SECTION 205.053, 1B, FRIDLEY CITY CODE, TO REDUCE THE � REGULAR COUNCIL MEETING OF OCT08ER 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 wou7d be feasible. The City Manager again expressed the view that the pnrformance bond is required p- by ordinance within the City Code zoning requirements. The City Attorney said the Council should stipu7ate 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 $1,000 to $1,500. The City Attorney said this would cost the applicant approximately $100 to $150. MOTION by Councilman 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 Lieb] declared the motion carried four in favor and one abstention. UPON A VOICE VOTE, on the original motion, Councilman Breider voting aye, Counci7man Starwalt voting aye, Counci7man Utter voting aye, Councilman Nee voiing aye, and Mayor Liebl abstaining, Mayor Liebl declared the motion carried four ayes and one abstaining. MOTION by Councilman Utter to allow 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 Counci7man 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 voting aye, Mayor Liebl declared the motion carried unanimously. RECEIVING THE MINUTES OF THE BOARD OF APPEALS MEE7ING OF OCTOBER 15, 197G: FOR A VARIANCE OF SECTION 205.053. 4 FRIDLEY CITY CODE, TO REDUCE The Public Works Director said the Board of Appeals had recommended 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. Councilman Starwalt said he had talked to the neighbors and they did not object to this. MOTION by Counci7man 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 Counci.lman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimous7y. ES OF: SECTION 205.135, 1, El, FRIDLEY CITY CODE, TO 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 �oting aye, Mayor Lieb7 declared the motion carried unanimously. A VARIANCE OF SECTION 205.053, 16, FRIDLEY CITY CODE, TO REDUCE THE 1 1 1111:I:��d��r1T.�.�lI1�.�i1�L'1;»'�i��[11`:1�KIlh��:l�11111�i.`II:�I[ly�[I)►��[Q�/:�Ilhl��ll( 1► � � r � F � � � � � �,°: � � �6, � � a � n � k 9 : �