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Variance Requested (Attach p1a� or survey of property showing location of proposed
building, etc., including adjoining properties and ownership within 200 feet of
said property.) .
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Meeting Date Fee O Receipt No.
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Opinions and Recomm�ndation o
by the Board of Appeals �-�3 - 7� — ,( �Q � y�,� p�+1% �
For Above Recommendation
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City Council Action and Date
Against Reconanendations
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Comments by administrative afficial denying original request for building pennit
or other pennit. (To be completed by administrative official. Appropriate Ordinances
and sections of Ordinance to be cited.)
Board members notified of ineeting by _
' date notified, and "Yes" or "No" for p
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to attend hearing.
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Name �Date or Mail (Initial)
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OFFICIAL NOTICE
CITY OF FRIDLEY
PUBLIC HEARING
BEFORE THE
BOARD 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 Tuesday,
April 23,1974 to consider the following matter:
A request for variances of: Section 205.053, 1B,
Fridley City Code, to reduce the minimum lot area
on a lot recorded before December 29, 1955, from
7500 square feet to 5250 square feet, and, Section
205.053, 4C, to reduce the rear yard setback from
25 feet to 22.5 feet, and, Section 205.053, 2B, to
reduce the minimum lot width from 50 feet to 40 feet,
and, Section 205.053, 4B, to reduce the minimum
side yard setback from 10 feet to 7 feet on the south
side of the lot, and 5ection 205.053,4b, 5a, to reduce
the side yard setback on the street side of a corner
lot from 17.5 feet to 3 feet on the north side of the
lot, all to allow the construction of a dwelling to
be located on Lot 1, Block 2, Oak Grove Addition to
Fridley Park, the same being 6694 Fridley Street N.E.,
Fridley, Minnesota. (Request by Mr. G. Craig Willey,
3816 Polk Street N.E., Minneapolis, Minnesota.)
Anyone who desires to be heard with reference to the above matter will
be heard at this meeting.
WILLIAM A. DRIGANS
CHAIRMAN
BOARD OF APPEALS
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REGULAR COUNCIL MEETING OF MAY 6, 1974
RECEiVIN6 THE MINUTES OF THE BOARD OF APPEALS MEETING OF APRIL 23, 1974:
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The City Manager pointed out that there had been a petition received from
property owners of the adjoining property, and they had requested the
variances be denied.
MOTION by Councilman Utter to receive Petition #5-1974 from the property
owners in opposition to.a variance for Lot 1, Block 2, Oak, Grove Addition
to Fridley Park (6694 Fridley Street N. E.). Seconded by Councilman
Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the
motion carried. —
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Mayor• Liebl said he, Councilman Starwait and Councilman Ut�er had visited
the property in question the past Saturday. He recalled the Council had
taken action on the request to vacate the street easement the past year and
this action failed because the Council would have needed a four/fifths vote
for vacation of the street easement and the Council vote three to two in
fa�or of the vacation, which was not sufficient for vacation of the street
easement. Mayor Liebl continued stating all the Council members realized
there would not be a street built on this easement because of the steepness
of the terrain in the area.
Mayor Liebl asked the members of the Council if any of them had changed their
mind about the development of this property. Councilman Nee indicated he
had not changed his mind and would want the property to remain as public
access to the park area. Councilman Breider said he had not changed his mind
either.
Mayor Liebl pointed out that the applicant had requested five variances and the
Board of Appeals had recommended denial of all of the variance requests.
Mayor Leibl said the granting of the variances would be inconsistant with
the development of all of the other areas in the City of Fridley, and this would
create one of the smallest lots in Fridley. He indicated the square footage
of the lot would be approximately 5,200 square feet. He said if the Council
were able to vacate the street easement, this would create a larger or good
size lot. He commented if the Council granted the variances, this would be
overruling"the Board of Appeal's recommendation for this property. Mayor
Liebl read the motion concerning this item aloud to the Council and audience.
Mayor Liebl asked if Mr. Willey or Mr. Menkveld were present`to present informa-
tion to the Council.
Mr. Craig Willey, 3816 Polk Street N. E., addressed the Council and said he
would make tfie same presentation to the Council as he had made to the Board
of Appeals and this information was available to the Council in their agenda.
Mr. Willey continued to explain he had made the request for the vacation of
the easement which wouid have created a large enough building site, but
this had been denied, so now in an attempt to work on all avenues of this
plan, he was requesting the listed variances. Mr. Willey further explained
that he had changed the plan of. the house for the lot to enable the house
to fit into the neighborhood better. �
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REGULAR COUNCIL MEETING OF MAY 6, 1974
FOR A SPECIAL USE PERMIT, SP. #7
Y CHARLES M.NARA:
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The City Manager said the only problem in the request is that there is a
need for some easements on the Northeast corner of the property. He said the
staff would work with the gentleman for satisfactory solution to the problem.
MOTION by Councilman Nee to concur with the Planning Comnission recommendation
and approve the request for a special use permit as requested by Mr. Charles M.
Nara to allow the construction of a second accessory building at 5180 Buchanan
Street N. E. with the stipulation that the applicant and the City staff work
out some satisfactory solution for the easements in the northeast corner of
the property. Seconded by Councilman Utter. Upon a voice vote, all voting
aye, Mayor Liebl declared the motion carried unanimously.
PRESTNTATTON OF^PRELIMINARY PLA(VS FOR THE FRIDLEY BRANCH LIBRARY: TO�BE
The City Manager said this item could be taken care of in the Building
Standards Design Control section of the Council Agenda.
The City Manager said the property should be kept free of any disposable
material and if this material is stored outside it would have to be screened.
He said there should be no outside storage of property. He explained this to
be on the site just north of City Hall.
Councilman Breider asked which location the business would be conducted under.
The Assistant Engineer said this would be under the Champion Auto Store. The
City Manager voiced concern because of the work being done on high powered
engines at the location and asked if the noise could be kept down. He said
he would not want this business to disturb the other businesses in the area.
MOTION by Councilman Breider to concur with the recomnendations of the Planning
Commission and grant approval of the Special Use permit with the two stipula-
tions recommended. Seconded by Councilman Utter. Upon a voice vote, all
voting aye, Mayor Liebl declared the motion carried unanimously.
DISCUSSION WITH CHAIRMAN OF ENVIRONMENTAL QUALITY COMMISSION•
Mayor Liebl said this discussion should be received by the Council.
TREE ORDINAiVCE:
This information was received by the Council.
SECOiVD AIVNUAL CONFERENCE OF INNOVATIONS IN GOVERNMENT: �
This item was received by the City Council. .
COUNTY ROADS:
This item was received by the City Council.
VARIANCES AND SPECIAL USE PERMITS FOR BILLBOARDS:
The material in this discussion was received.
I MOTION by Councilman Breider to receive the minutes of the Planning Comnission
� Meeting of April 17, 1974, Seconded by Councilman Utter. Upon a voice vote,
' � all voting aye, Mayor Liebl declared the motion carried unanimously.
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REGULAR COUNCIL MEETING OF MAY 6, 1974
PAGEj 5
Mr. Willey said at the time the vacation was requested previously, he had
requested that the full 30 feet be vacated. He added he would be willing
to dedicate a portion of the easement on the top of the slop for access to
the park area below. He said he would also dedicate the portion of the
property which extends over the slop and down the embankment, if the
City wished this area for the purposes of access. He said this would allow
ar a 60 foot lot which would conform to the building code, and this would
eliminate the need for the requests of the many variances, and the problems
would be solved.
Mr. Willey said his first plan for the construction of the home was for a
two story home with a mansard roof which would make the structure look like
a one story home. Vow, his.plans were changed and he planned to build a
one and a half story home with a split entrance. He said this would be
more in line with the other buildings in the area. Mr. Willey said he
planned a substantial investment in the home and it would be equal to
or a greater investment than the remainder of the properties.
Mayor Liebl read�the listing of the five requests for�variances aloud to
the Council and said it would be practically impossible for the Council to
grant this many variances. He also read the letter sent to the City by
Mr. David Torkildson, Parks and Recreation Director, Anoka, concerning the
variance requests. He indicated the County had no objection to the granting
of the requests as this property would not be needed for park development in
this area.
MOTION by Councilman Utter to receive the letter from Mr. David Torkildson,
Director of Parks and Recreation, Anoka County, Minnesota dated April 15,
1974. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye,
Mayor Liebl declared the motion carried unanimously.
h10TI0N by Councilman Starwalt that the City Council concur with the recommenda-
tion of the Board of Appeals and deny the five requests for the variances
made by Mr. Craig Willey to build a residential home on a 40 foot lot, for
the same reasons that this request was recommended for denial by the Board
of Appeals (because of the opposition from the neighbors, the lot size, and
the�number of variances asked for). Seconded by Councilman Nee. Upon a roll
call vote, Mayor Liebl voting aye, Councilman Utter voting aye, Councilman
Nee voting aye, Councilman Breider voting aye, and Councilman Starwalt
voting aye, Mayor Liebl declared the motion carried unanimously, and the
request for the five variances for Lot l, Block 2, Oak Grove Addition to
Fridley Park denied.
The City Manager asked if there should be an explanation of why this had been
denied. Mayor Liebl said the records of the Board of Appeals meeting speak
for themselves.
Councilman Breider asked what the standard lot size is in this ar2a.. The City
The City Manager said the minimum lot size is 60 feet. Councilman Breide��
asked if. the average lot size is about 80 feet and the City Manager said
yes, they run from 60 to 80 feet. Councilman Breider said approval of these
variances would set a strong precident. The City Manager agreed saying this
would be one of the smallest lots in the City. -
Mayor Liebl asked the adjoining property owner, Mr. Dennis Drevniak, 6684
Fridley Street, what his front footage was. Mr. Drevniak said his is 80 feet.
A REQUEST FOR A VARIANCE OF SECTION 205.134, 6, FRIDLEY CITY CODE, TO REDUCE
HI
The City Manager said this property was on the easi side of T.H. #65.
MOTION by Councilman Starwalt to concur with the recommendation of the Board
of Appeals and approve the request for a variance to enable the construction
REGULAR COUNCIL MEETING OF MAY 6, 1974
17�
PAGE 6
of a second accessory building as requested by D. W, Harstad Company
Incorporated for 7101 High►��ay #65, as there are no problems concerning this
construction and it would enhance the neighborhood. Seconded by Councilman
Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion
carried unanimously.
The City Manager pointed out that this property abuts the Creek and he
would recomnend,the Council stipulate that the Creek area be maintained
and some measure be taken to.prevent erosion of the creek banks.
Mr. Dick Johnson, D. W. Harstad Company, addressed the Council and said
they had been in contact with the Rice Creek Watershed District and had
not received any response from them at the present time.
�The City Manager said there had been some variances granted about a year
ago, but this request does ask for additional variances and the original
requests which had been approved are no longer valid because a year has
lapsed. He explained this is a substandard lot and some of the reasoning
which had been applied to the first request should be reviewed in this
request.
Mayor Liebl stated that all of the lots in this area are 40 foot lots. Ne
asked if Mr. Dircz was present at the meeting.
Mr. Dircz stated the only additional variance request was to add two feet
to the construction which would involve the back yard set back.
Mayor Liebl asked if this lot would be 6,000 square feet. Councilman
Breider asked what the frontage of the lot would be. The City Manager
said all of the lots in this area are 40 foot lots, but most of the
residents have built on two of the forty foot lots. The City Manager said
the new property line would be five feet from his house.
Mayor Liebl said there had not been any objections from the neighborhood.
MOTION by Councilmar� Nee to concur with the recommendation of the Board of
Appeals and approve the variance requests made by Mr. Frank Dircz to allow
the construction of a single family dwelling and a detached garage at 4885-
3rd Street N. E. ' Seconded by Councilman Starwalt.
Mayor Liebl said it should be a matter of record that the Council had
concurred in these requests because there was no opposition to the requests,
the requesi:s had been approved before and the property owner had maintained
the property for some,time.
UPON A VOICE VOTE, all voting aye, Mayor Liebl declared the motion carried
unanimously.
MOTION by Councilman Breider to receive the minutes of the Board of Appeals
Meeting of April 23, 1974. 5econded by Councilman Utter. Upon a voice vote,
all voting aye, Mayor Liebl declared the motion carried.
RECEIVING THE MINUTES OF THE BUILDING STANDARDS DESIGN CONTROL SUBCOMMITTEE
MEETING OF APRIL 25, 1974:
TION OF A REQUEST TO
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A NEW BUILDING FOR THE PURPOSES OF �
NER OF THE FORMER RIEDEL PRGPERTY, ,
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�,s., The Minutes of the Board of Appeals Subcommittee Meetin of April 23, 1974
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'� knows there is land adjacent to this lot that is not being used but it is also
not Mr. Willey's to use.
Mrs. Gabel said she tends to agree with Mr. Plemel. She said she feels this is
not that workable a site and just because a person owns a piece of property
it doesn't mean that he can build whatever he wants on it disregarding the Codes.
She said the neighbors feelings also have to be taken into consideration. �
Chairwoman Wahlberg stated the hardship seems to be the applicants option to buy
the property and a 40 foot lot is difficult to build on without variances. She
said her concern is with what will be built and if it will be compatible with
the lot and if it will conform with the neighborhood. She said she agrees with
Mr.Plemel�and the neighbors are probably used to having the land open and using
it. She said she does think that the rear yard setback should conform to Code
as long as Mr. Willey is willing to make it conform so she would have to recommend
denying that variance. She said on the side yard variance of 3 feet, she felt the
Board might want to address themselves to reducing the size of the house to meet
the Code. She said another item to consider is that the City has decided against
vacating the easement and the makeup of the Council is such that the decision to
deny it will probably not be reversed so then the question is the encroachment
to that property. She said reducing the lot area from 7500 square feet to 5250
square feet is not really compatible with the ather building sites in the
neighborhood. •
Chairwoman Wahlberg asked if Mr. Willey is committed to this house as proposed.
Mr. Willey answered he is not, but this is, in his opinion, what will look good
on the land. He said he does not have any architectural plans drawn up.
Chairwoman Wahlberg asked Mr. Willey if he would rather have the item tabled
if the Board has changes they want made or would he rather have the specific
variances denied. Mr. Willey stated he would rather have the whole thing acted
on as it is presented so it can go to Council.
MOTION by Plemel, seconded by Gabel, to recommend to the City Council, denial
of all the variances, because of the opposition from the neiglibors, the lot size,
and the number of variances asked for. Upon a voice vote, there being no nays,
the motion carried unanimously.
2. A REQUEST FOR A VARIAI3CE OF SECTION 205.134, 6, FRIDLEX CITY CODE, TO REDUCE THE
DISTANCE BETWEEN A PERMITTED BUILDING AND AN R-3 ZONING DISTRICT FROM 50 FEET TO
ZERO FEET TO ALLOW THE CONSTRUCTION OF AN ACCESSORY BUILDING ON LOT 4, AUDITOR'S
SUBDIVISION #89, THE SAME BEING 7101 HIGHWAY #65 N.E., FRIDLEY, PRINNESOTA. (RE UEST
BY D. W. HARSTAD COMPANY INCORPOFtATED, 7101 HIGHWAY #65 N.E., FRIDLEY, MINNE50TA.)
MOTION by Gabel, seconded by Plemel, to waive readinq the public hearing notice.
Upon a voice vote, there being no nays, the motion carried_unanimously.
Mr. Dick Johnson was present to present the.request. A plot.plan of the property
was shown to the Board. ,
Mr. Johnson explained they are proposing to build an accessory storage building
adjacent to their main office building. He stated that the City, in the past,
blanket approved M-1 zoning for a 230 foot distance adjacent to Highway #65. He
said this created their problem as their lot is 270 feet deep so the back 50 feet
(approximately) of their lot is zoned R-3. He said the Code states the building
has to be 50 feet from the back lot line, which they are, but it also states the
building.has to be 50 feet fxom the R-3 zoning which they can't comply with so
they are asking for the variance. He said the zoning line is an imaginary line,
but as far as anyone, including the City Attorney, can figure out, it runs
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Date Received
Object In Op
CITY OF FRIDLEY
PETITIUN COYER SHEET
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ril 25. 1�74
ition to a
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BOARD OF APpEALS
ITEM #1
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Peticion No. 5-1974
1,, Block 2, Oak Grove Additi�
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Petition Checked By � � Date (���{, �'��
, Percent Signing __ • �_ �
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Referred to City Council
Disposition
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�� a - - BOARD OF APPEALS J,� ,1
P E T I T I 0 N iTEM #1 �"-`/�
We property owners residing in the Oakgrave Addition of Fridley Park feel that the
matter before the Board of Appeals regarding a request for variance of section 205.053
1B, Fridley City Code, be disapproved. The�standards set forth in the Fridley City
Code regarding property size, we feel should be strictly adhered to and ncs exception
made. The majority of us purchased hames in this area of Fridley because of the
large lots, the beauty of Rice Creek, the dead -end street, the closness of Ri.ce Creek
School, etc. If this baard does approve this request to reduce lot size require-
ments for Lot 1, Block 2, Oak Grove Addition to Fridley Park (6694 Fridley Street NE},
we feel sev�ral tttings will result. First� th� continuity of the block will be
changed, thus affecCing property values. Second, by allowing a dwelling to be built
on a very small lot located on the very edge of Rice Creek, has got to affect the
wildlife w�'ve came to enjoy living there. Thirdly, and probably most important, i3
that by makinb this exception, you wauld be l�aviag the door open for many such
exceptions enywhere in FridLey, thus destroqing the very reason these requirements
were set forth in the Citq Code originaliy. We enjoy the wide open sgaces that the
large lot xequirement gives us in Fridley, con�rary to the small crowded lots of
inne�ities, such as Minneapolis and Saint Paul.
We, citizens, taapayers, and homeowners are not makin� this request for selfish
reasons, bue for the good of our neighborhood and for the good of Fridley.
N� ADDRE3S
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P 8 T I T I O N BOARD OF APPEALS
ITEM #1
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ws prop�art� or+aaYS xesidiag !a tbe Oa4g�co�� Additioa. of pridlsy Pask- f�e� tbat ths
matter berf+c�te t�� Bwsd oi Appssls r�gas�ing a reqa�at fo�c variaace of sectioa� 205.453
18, Fridlry City Cod�, bs disappxoved. Th� atat�dardt set Yorth in ti� Fridl�y City
Coda r�gardin� ps�op�rty sissf �a feel ahould ba stricttr adhered to �te�d no exaeption
mad�. The �a►jorit� o! us pu�chasfd hoa�es ia thi�r ares ot Fridley bacaase of th�
larga lots, the besut� of Rice Greek, the dead-end str�at, tha closness of Rice Creei�
School, etc.. If this bc�ard daes approve•thi.s request to ra�lucs lot sis� requira-
naats fos Lat 1, Block 2, Oak Grav+�=Additioa ta Bridlap Park (6694 Fridle� Str�st NE),
w� feel aeversL' thtag�-�ilt resntt-�-- First�, tha caatiauity� af the ?�Iock �aili bs
chsaged, thus ait�ctia�•:ptopertr--valaes. Second, by sLlo�ing a dvelliag to be built
oa � ver�r s�all Iot toc�tad aa th� vsr�r;._,,edga of Bi�e Creek, ha• got tQ aff�t ths
wildlift W�'vs ca�e to e� jo�r living thax�. Thirdly,, and pro�+ably moat iaspartaat, i.�
that by �kiog tbia eao�eptioa, pou woutd be isaving th� door open far many auch
exc�ptiaas a�her� in Fridl�y, thus deatrofiaa the vesy res�v�n Lhsa� raquires�e�ts
wer• set �o��ltbio► th� City Code osfgioally. iJe enjoy� ths wids o�t agac�a that th�
largs lot reqnizaMat givea us ia Bsidl�y, castsasg tQ thf small crowded lots of
iaa�raiti�f, auch as Miowapolis a�ad Saiat P�nl.
We, citiss.os, taa�pa�►ar�, i�ad bowownesa ara not ia`ki.o� this r�qneat fo: •sitfsh
�eea�oos, b�t fo�e ti� good oi vu�r a�ighbosbood a�ad for th� goad of Fridley.
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ANOKA TITLE GUARANTEE CO. INC.
320 Eost Main St. - Box 431
ANOKA, MINNESOTA 55303
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(612) 421-2550
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