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AF-VAR - 45187� � .. v y�A � APPLICATION TO THE BOARD OF APPEAi.S AND CiT°i! C�CIL FOR SPECIAL USE PBRMIT, VARIANCE I11 REQUIREt�NTS OF CERTAII� ORDINANCES OF THE CITY OF F1tIDLEY (Applicant to complete items 1, 2, 3) 1. Name. and Addrsss of Appli ,�_ ��-.�_— �.�6- S� � - �'�t..� 9 �"' a' , �,�•��y1�r.�r.�.. �!.,►1 . ��% �.f flO�� 2. Legal Description of Property (� o'genet'alolc�ic&tion, such ae :"north- east corner of 64th Avenue and Sth Street° or 6415 Fifth Streat") �9�/ �ifi�,� f/ /S30 r I � _ : !�.�__.:. % L — ,. 3. D�scribe the variance requested. (Attach Plat or Sur��, �^� ��Q�'"�� showing location oi proposed building, etc., also ad�c�r�:�� °�p�r��Qs snd oanership within 200' of eaid property.) 4. Ccamants by adminiatrstive official denying original requeet for �ui�aino permit or other permit. (To be completed by administrative offici,al. Appropriate ordinances and eection of ordinances to be �i�ed.) � � _ . � �� , , , ., � � � . �, � �` � , !1� • �i1� Jn'o. � `• � \^ � o. �' � o� � �h � Q �' � w � ?, �� - 2 - S. �o�ic• of A@ari�g appemred dttsa : /U_Q�) � (■uac b� at least once 20 attachad), in Official Newsp�per on �he folloi+ing ya -- �eoby of notice to 6� l�oasd M�mbere not ified of �eet ing by • . %� ,/q ia ! ('�.�4t I�eom�ere, Date PTo�ified, and "Yes" "1Qd' or �an� to ��te�ed h�ariug). e � G_� � .� � � . �: � �! .� _,�� .� �—� �..�r•��"'?r 11��/1�-�—�- �.w�� ) O , �l•�w'*i" iln!L1 �1� � � ,.u�.�..�..�.,r - 7. �av� Aaking appeal and the folloWfng propes�y �wase$ pi�h�n 2Q0° n�t±fied: � 1 � � „ , � � ��.� � �� / . /_� . ...,,, i .��ir . � ., /i. � � 1 / �� .. .. ,. _ ,1. / / . �i..�i.� , /I�a./ � � / � .�/. ♦ � i�l , �� r ! 1. � � � .• .� _•..s..� T: i � �...�.. t�n•.!. . ' 1 /�:, i�:� •; // � ///L��1 _� ��I/I � �1�� t�o ��teead ,— .�,.�-..._��.;�� s ka�svA�� property Ey II+ka�n� �7�tt�£�ed by or�� (�i�a��i�� . / �•/� �� .....�,—.-. A. �s !'o1�oMing Board l�eembere and intersated psrties qa�ags p�s��e�±t �t the �s�nn�: so�n r�sBxs � . f • ` ' - 3 - 0�'i�ER PARTiES : AIAP�E At�D�� „�. .r.�--r----*--- c�e �P�n�,o� �and recomcnesndmtidns by �OARD 0� APPBAY,S s . �p. gro�c E�i��ve ��c�ne�:cl�ticros Aaaine� Ree��nd��ions �1%-(1 1�• �lCttl,lde'► by C1ty 'llounc�tl smd Date! 1.n I. . n n n . %i in , _ _. - • n ., � Cand Planniny 1 vi��i S�rve:-�irr9 Sals Testuiy Cv�l fr A�unic/pul En�ineerii y 687'S-Nr�hnoy ��S NE. Mi,�rkU� r.s ?l, , . � 1 `Y LJ � � � � P�� i 1 � �' { � �1 �I. A'iinne.io% _ SUnsef 4-60:�6 En�ineers _ � Sur vecJors a. s f�+��.��i�"��r �� .�� _ ��-' r-�� r_�t�1�..R - r Ic �� . ON , � --,r.� . 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J j" t: ,') �? ; , v _ ' �_� ._� _!�.__'; � �' OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE BQARD OF APPEALS TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN THAT the Board of Appeals of the City of Fridley will meet in the Council Chamber of the City Hall at 7:30 P.M. on Wednesday, April 29, 1970 to consider the following matter: A request for a variance of Section 45.053, 4A, to reduce the front yard setback requirement from 35 feet to 24.4 feet to allow the construction of a dwelling with an attached garage on Lot 11, Auditor's Subdivision 4�94, Parcel 1530, the same being 5300 Fillmore Street N.E. (Request by James L. Petron, 5600 Zeland Avenue North, Minneapolis, Minnesota.) Anyone desiring to be heard with reference to the above matter may be heard at this meeting. BOB MINISH CHAIRMAN BOARD OF A PPEALS `� THE MINUTES OF THE BOARD OF APPEALS MEETING OF APRIL 15, 1970 The meeting was called to order by Chairman Minish at 7:30 P.I�! MEMBERS PRESENT: Minish, 0'Bannon, Ahonen, Driggans, S OTHERS PRESENT: Clarence Belisle - Building Inspector A1 Bagstad - Building Official � MOTION by 0'Bannon to approve the minutes of the written. imer 25, 1970 meeting as Seconded by Ahonen. Upon a voice vote, there J�eing no nays, the motion carried unanimously. / Chairman Minish read the City Council Miny�fes of April 6, 1970 that concerned the Board of Appeals items of the March x5, 1970 meeting. 1. A REQUEST FOR A VARIANCE OF SECTION THE SIDEYARD ADJOINING AN ATTACHED � '�0 ALLOW THE CONSTRUCTION OF A DWE . AND 42 BLOCK 11 SPRING BROOK P N.E. FRIDLEY MINNESOTA. RE U ST ' 5406 FLORIDA NORTH. CRYSTAL. NNES� ►53, 4B, SUBPARAGRAP'H 3, TO REDUCE IE REQUIREMENT FROM 5 FEET TO 2 FEE WITH AN ATTACHED GARAGE ON LOTS 41 THE SAME BEING 266 ELY STRE�T .BRUHEN & ASSOCIATES. INCORPOI TED Mr. Doc Farr, building cons�iltant for Mr. Jack Bruhen � Associates, Incorporated, was present to present thq�request. The house plans and a s rvey of the lot were shown to the Board members for thefr review. Mr. 0'Bannon stated that Mr. Skolte, the property owner on the West side is out of town and, t erefore, did not have an opportunity to state his opinion. Mr. Donald Gree , the owner of the property at 266 Ely Street N.E., stated that he had no abjection to reversing the house if that would be more acceptable. Mr. Eugene rickson, the neighbor on the East side, was present at the meeting. The Board ointed out to Mr. Erickson that reversing the house would restrict where he ould be able to build a garage should he decide to build one. MOTI013 y Ahonen to table the request�until the April 29, 1970 meeting so Mr. Skolt could be notified and state his opinion and Mr. Erickson could consider all mplications of a reversal. Se�onded by Sondheimer. Upon a voice vote, there being no nays, the motion c�rried unanimously. 2. A REQUEST FOR A VARIANCE OF SECTION 45.053, 4A, TO REDUCE THE FRdNT YARD SETBACK REQUIREMENT FROM 35 FEET TO 29.4 F:�iT TO ALLOW THE CONSTRUCTION OF A DWELLING WITH AN ATTACHED GARAGE ON LOT`11, AUDITOR'S SUBDIVISION ��94, PARCEL 1530, THE SAME BEING 5300 FILLMORE STREET N.E, (REQUEST BY JAMES L. PETRON, 5600 ZEI�AND AVENUE NORTH, MINNEAPOLIS, MINNESOTA,) Mr. Jame� L. Petron was present to present the request. Mr. Petron submitted a tentative floor plan to the Board members for their review. � ,. : THE MINUTES OF THE BOARD OF APPEALS MEETING OF APRIL 15 1970 PAGE 2 It was decided that there is a hardship because of the configuration of the lot and also a pipeline easement along the side of the lot. Mr. and Mrs. Sieff of 1298 Skywood Lane were present but they stated they ��cr no objections. It was stated that Mr. Mortenson did not receive notification in the mail but was aware of the request. MOTION by Driggans to table the request until the April 29, 1970 meeting wh�n Mr. Petron would submit final house plans. Seconded by Sondheimer. Upon a voice vote, there being no nays, the motinn carried unanimously. Mr. Minish brought up that the Planning Commission had asked for an opinion from the City Attorney regarding notices for public hearings for the Board of Appeal,, ADJOURNMENT• The meeting was adjourned by Chairman Minish at 8:50 P.M. Respectfully submitted, C r, Q/1 Jty-� U .1 �� / CAROL CHUDEK Acting Secretary � tee Meet MOTION by 0'Bannon to close the public hearing. of �1 29, 1970 Page 2 Seconded by Sondheimer. Upon a voice yote, ere being no nays, the motion carried. MOTION by 0'Banr:.�r: to recoitanend to e Council approval of the original variance, on the West side of the lot, tha as before the Board at the April 15, 1970 meeting, with the following st' ulation and for the foliowing reason: 1. The applicants origi plans be redrawn to show the garage being setback an additional 4 fe , to allow more room to the lot to the West for future construction. 2. With the lj�t6ited space of 60 foot lots, it is impossible to build this plan th�,l� is before us on that size lot. Second�by Ahonen. Upon a voice vote, there being no nays, the motion carried. 2. CONTINUATIOPd OF A REQUEST FOR A VARIANCE OF SECTION 45.053, 4A, TO REDUCE THE FRONT YARD SETBACK REQUIREMENT FROM 35 FEET TQ 24.4 FEET TO ALLOW THE CONSTRUCTION OF A DWELLING WITH AN ATTACHED GARAGE ON LOT 11, AUDITOR'S SUBDIVISION N0. 94, PARCEL 1530, THE SAME BEING 5300 FILLMORE STREET N.E. (REQUEST BY JAMES L. PETRON, 5600 ZELAND AVENUE NORTH, MINNEAPOLIS, MINNESOTA.) MOTION by Sondheimer to remove this request from table. Seconded by Drigans. Upon a voice vote, there being no nays, the motion carried. Mr. James L. Petron was present to answer any questions about the request. Chairman Minish read the new public hearing notice as the variance asked for had been changed from "reduce the front yard setback requirement from 35 feet to 29.4 feet" to read "reduce the front yard setback requirement from 35 feet to 24.4 feet". NOTE: New public hearing notices were written up with the ne�w variance and sent out to the property owners within 200 feet. '. Mr. Petron explained he had talked to Mrs. Novalany, property owner to the North, • and she did not object to the construction at all. Mr. 0'Bannon, property owner to the South, also stated hr: had no objections to the construction that is proposed. Mr. Drigans asked if it was just the garage that was being moved ahead. Mr. Petron answered he would like to move the entire house 5 feet further to the East. By moving the entire house ahead, the master bedroom could be , enlarged and it would also enable us somewhat of a backyard as there is quite a slope to the back of the lot. He stated he would install and maintain a retaining wall between his property and Mrs. Novalany's property. He also stated he had hoped to have his final house plans available for this meeting but the architect was not finished with them. . � The Minutes of the Board of Appeals Subco�nittee Meeting of April 29, 1970 Page 3 MOTION by Drigans to close the public hearing. Seconded by 0'Bannon. Up�n a voice vote, there being no nays, the motion carried. Mr. Ahonen stated he felt the structure contours with the street and since there were no objections, he could see no reason to deny the request. MOTION by Drigans to recommend approval of the request to the City Council, for the folluwing reasons: 1. The long configuration of the lot, plus the fact that it is a corner lot, makes it impractical to have any other type of arrangement on it. 2. The pipe line that ran thxough the lot has been moved, but it still restricts the house in being built in any other way. Seconded by Ahonen. Upon a voica vote, there being no nays, the motion carried. A RE UEST FOR VARIANCES OF SECTION 45.103 PARACRAPH 1��D SECTION 45.103 ARAGRAPH 2 TO REDUCE THE LOT AREA UIREMEIvT FROM 25 000 S UARE FEET TO 000 S UARE FEET AND TO REDUCE THE LOT WIDTH RE UIREME�TT FROM 200 FEET T� 139 EET TO ALLOW THE CONSTRUCT'ION OF A DENTAL CLINIC O�i LUT 6 AND THE SOUTH NE-HALF_ OF' LOT 7, BLOCK 1 ERCO'S 1ST 0 CEN L AVENUE_N E, MI�,';vEAYOLIS, MINNESOTA. TuF sa� BEING 1281 BY GEORGE L. Mr. George Wa uist was present to present the requests. Mr. Drigans asked at the zoning of the property was. ;r1x. Walquist answered 2 which is correct for this type of business. He explained that he is plan 'ng to have 4 different buildings in ti.me with one large one. T'his building i 44 fee.t by 44 feet and the land area is 17,000 square feet. The building is ly taking up approximately 1/lOth af the total area. The general layout of the area was show to the Board for their review. Mr. Walquist stated there will be 2 dentists i the building with 4 chairs. There was a discussion on the City Ordinance tha required 200 feet of frontage. The applicant feit the Ordinance should t require a minimum frontage requirement but should depend only on the typ of building and how many people would use it. Some of the Board members agre with him. Mr. Walquist stated further that he has owned this land from 12 0 2 years and that it is very difficult to meet the code requirements, espe " lly frontage, on older platted lots. This piece of land also has a util easement running through it. He said he had no plans for the other lan at this time. If someone wanted a building built there, then he would bui it, but not until that ti.me. REGULAR COUNCIL MEETING OF MAY 4, 1970 PAGE 17 Mr. Richard Harris said that they did approve of the concept, but request for a permit has not been approvad to date. The applicant was h ing problems with financing. There is a fairly small plot. They iginally proposed a five unit building, but they could not get the fi ncing, so they cut it down to a four unit. If 80$ brick was demande it was felt that the cost per unit would be prohibitive. He said that th Building Eoard would like some direction from the Council in cases su as these, where it is a small building and the per unit cost would b very high with brick. Councilman Liebl said that the Council polic the construction of the buildings that come : Standards - Design Control should tr� to get buildings as much as possible. Mr. Harris s proposing-al�ernate materials, and Counci should bring their plans before the Buii ng to let them see them. has een to try to improve ef e them. The Building e applicants to enhance their id that the builders were Harris commented that they Board, and then the Council, MOTION by Councilman Sheridan to re ive the Minutes of the Building Standards - Design Control Subcomm' tee Meeting of April 23, 1970. Seconded by Councilman Liebl. Upon a voi vote, all voting aye, Mayor Harris Pro tem declared the motion carrie RECEIVING THE MINUTES OF THFi/BOARD OF APPEALS MEETING OF APRIL 29, 1970: 1. A REQUEST FOR A REDUCE THE SIDE 5 k'EET TO 2 FEET ATTACHED GARAGE� THE SAME jdR. JACK MINNESOT. �IVCE OF SECTION 45.053, 4B, 5UBPARAGRAPH 3, TO � ADJOINING AN ATT1iiCHED GARAGE REQUIREMENT FROM ALLOW THE CONSTRIICTION OF A DWELLING WITH AN )N LOTS 41 AND 42 %266 ELY STREET N.E. [�T AND ASSOCIATES INC. BIACK 11, SPRING BROOK PARK ADDITION FRIDLEY, MINNESOTA. (REQUEST BY , 5406 FLORIDA NORTH, CRYSTAL, Mr. Doc Farr Building Consultant with Jack Bruhn and Associates brought his plans forw d for discussion at the Council table. It was decided through the discu ion that the applicants original plans are to be redrawn to show the gar e being set back an additional 4 feet to allow more room to the lot to �the est tor further construction. MOT N by Councilman Breider to approve the variance as discussed. Seconded b Councilman Liebl. Upon a voice vote, all voting aye, Mayor Harris Pro em declared the motion carried. 2. A REQUEST FOR A VARIANCE OF SECTION 45.053, 4A, �O REDUCE THE FRONT YARD SETBACK REQUIREMENT FROM 35 FEET TO 24.4 FEET TO ALLOW THE CONS- TRUCTION OF A DWELLING WITH AN ATTACHED GAR�GE ON LOT 11, AUDITOR'S StJBDIVISION #94, PARCEL 1530, THE SAME BEING 5300 FILLMORE STREET N.E. (REQUEST BY JAMES L. PETRON, 5600 ZELAND AVENUE NORTH, MINNEAPOLIS, MINNE50TA): The City Engineer said that this request is for a variance from 35 to 24.4 feet for the construction of a new hane. This is a long lot that has been sitting because of an oil pipe qoing through it. This setback would be the same as the house on the south side. � at,C,laUl�lt l.livlVl:�...� l�lr:h'1'1[VC� Vt' 1•�siY 4� l.y /(J rAG� 18 Mr. Mike 0'Bannon, the property owner to the south said that he had no objection, Mrs. Bev Novalany, 1288 Skywood Lane N.E., said that there is a very sharp bank between their homes and since the dirt has been disturbed the sand has been washing down into her yard around her evergreen trees, and sh�e was afraid that they wou].d be killed. She said that she understood that they plan on sodding or putting in a retaining wall, but she wondered what could be done in the meantime to save her trees. Councilman Harris asked if she had talked to the property owners. Mrs. Novalany said that they had said that they would sod, but by that time her trees would be ruined. Mrs. Petron agreed that they would be sodding, but not l�efore construction is completed. The City Engineer said that not too much could be done, but suggested that a gully could be tried to make the water run to the west rather than to the north. Mrs. Petron asked what would be their responsibility. Councilman Harris said that she would be responsible if it is her dirt washing onto Mrs. Novalany's land. Councilman Sheridan commented that there is an easement through between the homes, so a retaining wall could not be built, they would have to sod. MOTION by Councilman Sheridan to grant the variance requestecl by James L. Petron and ask the City Engineer to look into the erosion problem. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. A REQUEST FOR VARIANCES OF SECTION 45.103, P�GRAPH 1 AND SECTION 45.103, PARAGRAPH 2, TO RFDUCE THE LOT AREA REQU�REMENT FROM 25,000 S UARE FEET TO 17,000 S UARE FEET AND TO REDUCE THE LOT WIDTH RE UIRE- NT FROM 200 FEET TO 139 FEET, TO ALLOW THE CONSTRUCTION OF A DENTAL CL C ON LOT 6, AND THE SOUTH � OF LOT 7, BLOCK 1, ERCO'S FIRST ADDI N, THE SAME BEING 1281 MISSISSIPPI STREET, FRIDLEY, MINNESOTA. (RE UES BE GEORGE L. WALQUIST, 4230 CENTRAL AVENUE N.E., MINNEAPOLIS, MINNE The City Engineer s'd that this request is for a dental clinic on Channel Road and Mississippi reet. There is also a request before the Planning Commission for a lot sp 't. They want to make three lots into two lots. Councilman Breider said tY�at e wauld like to have Item 2 of the stipulations struck from the Board of Appeal Minutes which reads: "He owned the land prior to adoption of the new Zoni Ordinance". He said that he did nat go along with this,type of reasoning. MOTION by Councilman Sheridan to concur wi the finding of the Board of Appeals and grant the variances for George quist, striking Item 2, "He owned the land prior to adoption of the new Zon' g Ordinance" from the Board of Appeals Minutes. Seconded by Councilman reider. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared e motion carried. ION by Councilman Lieb�. to receive the Minutes of the oard of Appeals ting of April 29, 1970. Seconded by Councilman Sheridan Upon a voice e, all voting aye, Mayor Harris Pro tem declared the motio �carried. :EIVING THE MINUTES OF THE PARKS AND RECREATION COMMISSION MEETI�K'ii OF APRIL 2i, 1970: MOTION by Councilman Liebl to table the Minutes p� �e Parks and Recrea