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AF-V - 417659 .. �� i��[CT . City of Fridley 4T TME TOP 0� TME TWM18 r; APP�ICATION TO BOARD OF APPEALS � rL.------=� coM►WN�Tr o�vgLps�AENT O�v. � � � � MOT�LTw� iN�CT10N Cf3K � � �---� i pTY MlIL r�o�tv p�s ��__.� � �.J Ni'_8i0'J�0 NUM1�t RQY- OAT[ P�4E OR Ov Bv — 1 � 8�� Name Address So?03 �'�e� /� P �� phone /l� r � .e�o L��s�i� �d� s s-s- �/ �d// Lega Lot No. Block o. T act o Ad ition f� /�' Desc. sv�f U ��'' �� dii'�t''!` �'! /.S' . Variance Requested (Attach�plat or suxvey of property show ng location of proposed building, etc., including adjoining properties and ownership within 200 feet of sai property.) 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Appropriate Ordinances and sections of Ordinance to be cited.) Board members notified of ineeting by List members, - date noCified, and "Yes" or "No" for pla;ns to attend-hearing. � Name . Date Plan to Attend -� . �'`� ', ; l,` �1_ _ �� � ' ��� .. ,�_ .i� �S � �. �, C �� c- �' � S � ;-, �'C�.:�, � ��� ���- ' � S � � ' -iCt ,����_� � � �c �� � � . � � � � ��. I, � C ��' '� C` /�U �Person making appeal and the following properiy owners having property within 200 feet notified: � �; ;�1� Phone Notif ied B Name ��i'-'`'� � Date ,.or Mail (Initial) - �J . � ,�' � � � � ��� C�L't��bl�?ll L� - �.^C�?c �`l „��� ��l � 17L, /(i -��-`')�- r�}�K'� J�. %i-1.`��� � r - �/)'�k.19 ,� G° � ,i,�� ° ,� l.. ; �Cd_�_ 1 / �1 C'�,� � ? �-- �I • �l -��� 21 � �_ -�� �1( l�� ��� C �i- � ca_ � �� i��- � � � . �. �-_ , --� c�,-d���e�� 1.�� k-.nc�{ ���e �,,,�'� ck c.l� �r ��� �l_ `.; �-,. . -� r , � - � � e C� � � � Y t�� �� ��_,`'� r <� �� < <�C! e ' i C`r r �_ �s �� �'� � � aL r, � � �. � � � y C �. , �� '�l l�% �� (. i l b 'i r � ��> .� �r � . � (� ' ' �" �9 � L C ' 1 �� d� � 1 °1 U � � > ' � � !'� i f �.;:' �! C� L P : " s� . e �v Z � � -Jc � _� �e � �� � � �� � G � % �� - �� , �. � �v�� k��f� �k-�� . d � �' �- _ �.i ��C�C_i� �� �.1� � ����L� �_ r � - l.' G o��.�� 'a � . 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(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 BOARU OF APPEALS '`.-. .-.----- - I� Ig� REGULAR COUNCIL MEETING OF NOVEMBER 18, 1974 PAGE 4 INC., FOR 200 ELY STREET N. E., (LOTS 26 AND 26, �LOCK 11, SPRIPlG BROOK PARK ADDITION� T BLED OCTOBER 12, 1974 : The Public Works Director gave a brief summary of the action on the proposal thus far. He pointed out that the Board of Appeals had recommended approval of the variance. Mayor Liebl sought Mr. Sobiech's recorrenendation on the variance and Mr. Sobiech said he concurred with the recommendation of the Subcommittee. Councilman Nee questioned. the applicant, i�r. Dennis Barker, inquiring if he had any discussions with the adjoining property owner. Mr. Barker replied, no, they had talked about this some time ago, the adjoining property owners had asked and he had said no. MOTION by Councilman Nee to table the consideration nf the variance for 200 Ely Street until December 2, 1974 being that this consideration had been previously tabled to enable the people to get together and reach some decision, and they had not communicated. Seconded by Councilman Starwalt. The City Attorney outlined that there had been some variances of this type approved in the area and some had been denied. He concluded, this had always depended on the circumstances of the neighborhood and surrounding property. Councilman Nee expounded that he did not think this variance was substantial. He said he had supported variances of this type in the area. He corronented that in the area where there is regular development, the codes should be supported, but in the westerly area where the development is irregular, he would be willing to make an exception. Councilman tJee conveyed that this property is not in ihe flood plain, this is on the other side of East River Road. He noted there are some except�ons already, but he would like to get this particular one resolved. UPON A VOICE V07E, all voting aye, Mayor Liebl declared the motion carried unanimously. �CONSIDERATION OF A �nir rno c�l Cero IMUM ON Councilman Nee said this request was for a variance on property on the west side of East River Road. • MOTION by Councilman Nee to concur with the recorr�nendation of the subcommittee and approve the variance. Seconded by Couneilman Starwalt. Upon a voice vote, all vating aye, Mayor Liebl declared the motion carried unanimously. NEW BUSIP�ESS: RECEIVING CQMMUNICATION FROM SPRINGBROOK NATURE CENTER FOUNDATION REGARDING NORTH PARK: Flayor Liebl explained that he had received a letter from Dr. Trezona, Chairman of the Springbrook Nature Center Foundation. MOTION by Councilman Utter to receive the 7etter from Dr. Trezona, Springbrook Nature Center Foundation, dated November 7, 1974. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanirnously. Mayor Liebl called on Dr. Trezona to address the Council. Dr. Trezona stated it is not often that he addressed the Council when he was as happy as he was. He further stated that the Springbrook Nature Center Foundation had taken a grand step forward. He introduced the following Foundation members present at the r�et9ng: ��1r. Mark Noble, Mr. Nei1 Christenson, Dr. Walter Breckenridge, Dr. Donald B. Lawrence, P4rs. Janice Seegar, Senator David Schaaf, and Mrs. LeeAnn Sporre. " Dr. Trezona read the letter submitted by himself to the Council and audience. He also listed the three points in the proposed resolution sent to the City by the Foundation. Dr. Trezona went on to state that it is the desire of the Foundation to cooperate w9th the various governmental bodies and private enterprises for the development of North Park as a Nature Genter. He continued to state that in the campaign, they had stated that this development of the nature center would not involve any tax dollars of �_—. - ------ -- — -- ----- - - - ----- - - --- _ _ ---- -- � m ; , � i ; ; ; � , � B �. ' i REGULAR COUNCIL MEETIN6 OF NOVEMBER 18, 197� Ptayor Liebl said six property ovaners had signed the petition. � ' ]R1. , I I PAGE 3 ; MOTION by Councilman Utter to close the Public Hearing. Seconded by Councilman Nee. Upon a voice voie, all voting aye, Mayor Liebl declared the motion carried unanimously and the Public Hearing closed at 8:02 P.t�1. Mayor Liebl informed the people present that the action of the Council would be taken the following meeting of the Council on the firsi reading of the ordinance. PUBLIC HEARING ON VACATION REQUEST 5AV #74-04, BY JERRY GUIMONT, OF A PORTION OF A UTILITY EASEME(vT, GENERALLY LOCATED AT 6551 2ND STREET N. E.: MOTION by Councilman Utter to waive the reading of the Public Hearing notice. Seconded by Councilman Breider. Upon a voice vote, all voting aye, �•iayor Liebl declared the motion carried unanimously and declared the Public Hearing open at 8:04 P.�4. The Public Works Director explained that this request had been made to allow the construction of a garage within a 15 froot utility easement at 6551 2nd Street td. E. He pointed out this proposed construction in relation to the easement on the plan on the screen. He defined the plan stating this garage would go 3 2 feet into th� easement on the north side and 7 feet into the easement on the south side of the garage. Mayor Liebl asked if the applican�t was present at the meeting and there was no response. He asked if anyone wished to speak concerning the request and there was no response. - MOTION by Councilman Breider to close the Public Hearing. Seconded by Councilman Utter. Upon a voice vote, all voiing aye, Mayor Liebl dee3ared the motion carried unanimously and the Public Nearing closed ut 8:05 P.M. � MOTION by Counci7man Breider to receive the letters from Mr. Robert L. Brewer, General Television, Inc., dated Ociober 15, 1974, Mr. rdarren Raske, District Engineer, North- western Bell Telephone Company, dated October 10, 1974, Mr. L. ��. Benson, Customer Service Representative, Northern States Power Compar�y, dated October 10, 1974, and Mr. William R. Schram, Froperty Section, Minnesota Gas Company� dated October 8, 1974. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the rtrotion carried unanimously. PUBLIC HEARING ON A PROPOSAL TO CONSTRUCT A NATTONAL GUARD ARMORY: AND RECEIVING COMMUNICATION FRCM LEAGUE OF WOMEN VOTERS REGARDIN� ARMORY: MOTION by Councilman Breider to receive the communication from the League of Women Voters dated October 30, 1974 and also the communication from the Fridley Jaycees dated November 14, 1974, and to continue the Public Hearing on the Armory proposal until ihe first Pubic Hearing meeting in February, February lOth, 1975. Seconded by Counc�lman Utter. The City ManagPr said one other it�n that shou]d be taken care of at this time is the approval of the draft of the letier submitted to the Council in their agenda from the City to the various corr�nunities in the area concerning their input on a joint proposal for an Armory. He said also, this consideration had been changed from January to February. MOTION by Counci7man Breider to amend the original motion by adding the approval of the letter to be sent to the various surrounding communities concerning their input on a joint proposal for an Armory. Seconded by C�unci7man Utter. Upon a voice vote on the amendment to the motion, all voting aye, i•layor Liebl dec]ared the motion carried and the original motion amended. UPON A VOICE VOTE ON THE amended mation, all voting aye, Mayor Liebl declared the mot9on carried unanimously. OLD 6USINESS: CONSIDERATION OF A VARIANCE TO REDUCE MINIMUPI LOT AP,EA, BY NORTH METRO CONSTRUCTION, � REGULAR COUNCIL MEETING OF OCTOBER 27, 1974 PAGE 11 Mr. Rotter answered he would ask for the Special Use Permit to start upon signing of the lease, he asked if this would be feasible. The City Manager again expressed the view that the performance bond is required by ordinance within the City Code zoning requirements. The City Attorney said the Council should 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 approximate]y $1,000 to $1,500. The City Attorney said this would cost the applicant approximately $]00 to $150. MOTION by Counci7man Starwalt to amend the original motion and stipulate that Mr. Michael Rotter provide a performance bond for the blacktopping. Seconded by Councilman Nee. Upon a voice vote, Counci7man Utter voting aye, Councilman Nee voting aye, Counci7man Breider voting aye, and Councilman Starwalt voting aye, and Mayor Liebl abstaining, Mayor Lieb] declared the motion carried �our in favor and one abstention. UPON A VOICE VOTE, on the original motion, Councilman Breider voting aye, Counci]man Starwalt voting aye, Councilman Utter voting aye, Counci7man Nee voting 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, a71 voting aye, Mayor Liebl declared the motion carried unanimously. MOTION by Couneilman 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 vo�ing aye, Mayor Liebl declared the motion carried unanimously. RECEIVING THE MINUTES OF THE BOARD OF APPEALS MEETING OF OCTOBER 15, 1974: �t . ��� . . FOR A VAR 4, B4, 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�eet 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 Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimous7y. � �.. �. . E., M : SECTION 205.735, 1, E], FRIDLEY CITY CODE, TO REDUCE � �� MOTION by Councilman Breider to approve the variance as requested by Michael Bizal for 7880 Ranchers Road N. E. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Lieb] dec]ared the motion carried unanimously. FOR A VARIANCE OF SECTION 205.053, lB, FRIDLEY CITY CODE, TO REDUCE THE REGULAR COUNCiL MEETiN� OF OGTOBER Z1, ly/4 rnyc ic EAST FRIDLEY, MINNESOTA. (RE UEST BY NORTH METRO CONSTRUCTION, INC., 5203 CENTRAL .�. P s�. i Councilman Nee said he had looked at this area and the group of sites, and all of them have problems. He said he was not prepared at the current meeting to recommend any action. He further pointed out that all of the sites had some objections from the neighbors, and some of the objections were valid ones. He si.ted �� as an examp7e 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 ihe adjoining property owners had wanted to buy them to increase their own yards. ' Councilman Nee said he would like to see the property owner try to sell the lots to the adjacent property owners and come back after this time. He said he thought some of the people were interested in this. Mr. Bill Erickson, 650 Ely Street, said at the�ime when his home was bui]t, it had been determined that it was o nly possible o 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 allow building on a 50 foot lot. Mr. Dennis Barker, representative of North•Pletro Construction, said the people had a chance to buy the lots for years. He thought they had used these lots as part of their yards for years, free of charge. Mrs. Edward Bishop, 121 Ely Street N. E., said she had called Mr. Barker last year and asked if it was possible to purchase the lots and was told no. The Public Works Dir.ector asked if this item is tabled, would this mearr that all five of the requests are tabled. Councilman Nee said he would like the matter resolved within the neighborhood. He added, if the neighbars would not object, they would be sympathetic to the effort. Councilman Nee asked if the applicant planned to build this year. Mr. Barker said they had planned on building this year. Councilman Nee suggested this item be brought back in a month or so when the plans may be resolved. He stated they would talk about this one month from the present time. . MOTION by Councilman Nee to table any action on the request until a month from the present time. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. EST FOR A VARIANCE GF SECTION 205.053, 1B, FRIDLEY CITY CODE, TO REDUCE MOTION by Councilman Nee to table any consideration on the variance request for one month. Seconded by Councilman Starwalt. Upori a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. FOR A VARIANCE OF SECTION 205.053, 1B, FRIDLEY CITY CODE � . This item was tabled at the subcommittee level. EST FOR A VARIANCE OF SECTION 205.053, l6, FRIDLEY CITY CODE, TO . t., P911YHtHNUL1J. I`711VIVtJUIH.): REDUCE THE E THE � :,,,; k � � � E e. The Minutes of the Board of Appeals Subcommittee Meeting of October 15, 1974 raya Chairman Drigans stated he felt the snow removal hardship was stretching_it quita 5 " far. He said if the request was granted strictly tor the reason of snow removal, — the Board would be deluged by requests to blacktop as it is so easy to maintain. He said the holding area is a good reason. iie said th� blacktopping was done *�y the petitioner on his own, knowing he was in violation. He said he was concerned with this area as he didn't know how anything big could be ma.intained here. He said it does identify a division between the loading area and the employee entrance. He said a real hardship has not been established in his mind. Mr. Bizal said the only reason they went ahead with this, without approval, was the economic standpoint. MOTION by Plemel, seconded by Crowder, to recommend to the City Council, approval of the two requests because of the economic factor. Upon a voice vote, Gabel abstaining, the motion carried. �i�'3. A REQUEST FOR A VARIANCE OF SECTION 205.053, 1B, FRIDLEY CITY CODE, TO REDUCE THE �,,' MINIMUM LOT AREA RE UIRED, ON A PLAT RECORDED BEFORE DECEMBER 29, 1955, FROM 7500 S UARE FEET TO 5500 St�UARE FEET, TO aLLOW THE CONSTRUC A DWE OTS I5 AND 16, BLOCK I, RIVERVIEW H�IGHTS, THE SANIE BEIN 531 FAIRMONT STREET N.E „ FRIDLEY, MINNESOTA. (REQUEST BY NORTH METRO CONSTRUCTION, INC., 2 t, N.F., MINNEAPOLI5, MINNESOTA.) Mr. Dennis Barker was present to present the request. MOTION by Plemel, seconded by Gabel, ta waive reading the public hearing notice. Upon a voice vote,'there being no nays, the motion carried. Mr. Barkgr explained they plan to build a 864 square foot split entry dwellinq nn this lot. There will be no garage and it will meet all the setback requirements. Chairman Drigans asked if the Code didn't require a garage to be built. P9r. Mattson explained a garage is only required on lots with 9,000 square feet or more. On smaller lots, one off-street paxking stall must be provided. �Ir. Barker said t_hey will be installing a 10 foot wide b].acktop driveway. Mr. Frank Steen, 521 Fairmont Street N.E., and Mr. John Witscher, 537 Fair_uont Street N.E., were present to voice their objections to the variance. Mr. Crowder asked if there was a buyer for this home. Mr. Barker said they have several buyers for their homes, they just don't know where they will put them yet. Mr. Witscher stated thev have split entry homes behind them that are so large there is no back yard. He said if the people have children, there will be no place for them to play but in the street, Mr, Crowder said the applicant can build as big a house as the Code will allow and the Board has no say about it. The only thing the Board can act on is the nariance on lot area. Mr. Barker said this house will have a 55 foot back yard using the average front yard setback, which is as big as new de�selopments, Mr, Steen said he felt the houses are getting too close together in this area and the Codes should be complied with. Mr. Witscher said they had tried to buy the lots, but they were outbid by North Metro Construction. �.;.�;�__.�� rayc � �, _.�' The Minutes of the Board of Appeals Subcommittee Meeting of October 15, 1974 5A , 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 knowing 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 this size lot. He added some lots need variances to let people develop the land. Mro 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 revenue. 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. ' 4. A REQUEST FOR A VARIANCE OF SECTION•205.053, 3B, 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 Vs RIVERVIEW HEIGHTS� THE SAME BEING 640 ELY STREET N.E.y r^RIDLEY, MINNESOTA. (REQUEST BY NORTH METRO CONSTRUCTION, INC., 5203 CENTRAL AVENUE N.E., MINNEAPOLIS, MINNESOTA.) Mr. 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 carried. Mr. & Mrs. 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. Mr. 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 Ntr. Erickson's contractor could have asked for a variance and a lot split but now there is no other land available to buy. �:�� s s� * .3�ce B. H. BRADLEY CIV9L @IOIN�It AND SURVEYOR 3829 -24TH AVENUE �OUTH M�nnrravoua u�mnvr�ora �aoe na-a�ea ��� � 53i'-Fairmont Street i�:�. ��t�+�r�t �or �e� �n i 5 �d�" l�'� Y 5'� a,� �ertrr�l �e. ,�'� �. 5 v'' ..r � i �-� �o � � i' �'�:' �'ca 0'e /E � = 20 ` o �e�o t�� pj-8 p�et-,�°y� �o6h�r.s� � � � � �1. � .� Q +. ti� � `v 4� � � � � � �' � � � � '� � �. � , � � � � � � � ,� � Y � � o ,� v . 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