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AF-VAR - 45892SUPJELI � �""'� c�ry of �'ridley ��,��° AT'H� Top oF THE Tw�NS � APPLI CAT I ON TO BOARD OF APPEALS , � . � 4 _�_ COMMUNITY OEVELO!'MENT DIV. . r � y � PROTECTIVE INSPECTION SEC. i . 1 . � �_-_-� �"'�� � pTY HALL FRIDLEY - 55432 NUMb`cN nEV. onTE �aGE oF ppvqOVED b S ,� si2-sca3+so g10-F23 1 3/21/75 l 2 800 Name 2,r,i-Co Builders� Inc. Address �. Phone 7555 Van Buren N.L , Fridley 427-6250 Legal Lot No, Block No. Tract or Addn. (/ r� - Description 5"3� '54 I P�iverview Heights SZ b,C./ �a'��'--F�-- Variance Request(s); including stated hardships (attach plat or survey of property showing building, variances, etc., where applicable) Request variance on above building site to construct home as per attached pl�ns. Lot has houses on both sides and we would like te construct house as ha..; been procedure in the oast. �ilU,�1 'ISLiU S� i=r Td �SOO sc� F; . iN CUi Fii?£9 . Meeting Date IFee ./� �n in.�.- -�/�.��0 Comments & Recommendations by the Board of Appeals Receipt No. Signature �sS�/ � � Q� ,. I 4-18-7 � E6(�(�'� City�Council Action and Date � J'1�A r, 5. ! 9 �S� ' � � wn�tcr � �'`y °f Fri`�i�y APPLICATION TO BOARD OF APPEALS � r AT THE TOP OF THE TWINS �� i � COMMIJNITY�DEVELOPMENTDIV. �St2fP R2�JOiL� • 1 4y ' r � � PNOTECTIVE INSNECTION SEC. 1 ''-__� �"�; • OIT�/ M/i�l FRIDLE'/ SrJdy2 NUMPFN NEV. O�IiE 4AGE OF APPHOVlD NY ` '� 612-560-3650 � 910-F23 1 3/21/.5 2 2 800 Staff Comments 0 Board members notified of ineeting by .�� t� �/, /�%�/5 List members, date notified, and "Yes" or "NO" for plans o attend hearin4� . Plan I ^ Date ^ �ITo Attend '�l \ o Name � . , _ .. %� `� � ) �_<l,�Jtil t-�rl �� U.cr� �„�; � c� � �u�• Pearson making appeal and the feet notified: Name SO�t1 `y0 " (QL�fi2 ) property owners having property within 200 By Whom IDate I Phone or Mail I Notified �_„-�s rnn , o � n,.oJ. JSS�U , /7I�. - .', � 'a r � i2 ET !z L� L R!� � r i i .. .. .. .� � .i 1 � 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 ChamUer of the City Hall at 7:30 P.M. on Tuesday, April 29, 1975 to consider the iollowing matter: A request for a variance of Section 205.153, 1B, Fridley City Code, to reduce the required lot area, for a lot recorded before Decemher 29, 1955) from 7500 square feet to 5500 square feet, to allow the construotion of a dwelling to be located on Lots 53 and 54, Block I, Riverview Heights, the same being 528 Glencoe Street N.E., Fridley, Minnesota. (Request by Tri-Co Builders, Inc., 7555 Van Buren Street N.E., Minneapolis, Mn.) 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 � i � TFiE MINUTES OP THE BOARD OP APPEALS SUBCOMMITTEE ME�TING OF APRIL 29, 1975 The meeting was called to order by Chairman Drigans at 7:33 P MEMBERS PRESENT: Drigans, Plemel, MEMBERS ABSENT: Crowder, Gabel OTHERS PRESENT: Howard Mattson, Wahlberg Engineering Aide MOTION by Plemel, seconded by Wahlberg, to approv the minutes of the April 15, 1975 meeting as written. Upon a voic vote, there being no nays, the motion carried unanimously. Chairman Drigans read to the Board the m orandum from the Public S�orks Director to the City Attorney that re sted the legal opinion asked for by the Board in their minutes of April , 1975. MOTION by Wahlberg, s,econded by emel, to receive the memorandum from the Public Works Director to the ty Attorney dated April 21, 1975. Upon a voice vote, there being no nays, e motion carried. Chairman Drigan: then r d to the Board, the memorandum from the City Attorney to the Public Works D' ector in answer to the above memorandum. MOTION by Wahlber , seconded by Plemel, to receive the memorandum from the City Attorney to the ublic Works Director in regard to the interpretation of the Code that was equested by the Board. Upon a voice vote,.there being no nays, the motion rried. Mrs. Wa erg noted that she had also requested a report on the action taken by the ity on non-conforming uses in the past. She said that possibly this repo just wasn't ready yet. A�2EQUEST FOR A VARIANCE OF SECTIQN 205.153� 1B� FRIDLEY CITY CODE, TO REDUCE THE REQUIRED LOT AREA, FOR A LOT RECORDED BEFORE DECEP7BER 29� 1955, FROM 7500 SQUARE FEET TO 5500 SQUAF2E F�ET, TO ALLOW THE CONSTRUCTION OF A DS9ELLING TO BE LOCATED ON IATS 53 AND 54, BLOCK I� RIVERVIEW HEIGHTS, THE S1�FIE�BEING 528 GLENCOE STREET N.E., FRIDLEY� D1INN�SOTA. (REQUEST BY TRI-CO BUILDERS� TNC.� 7555 VAN BUREN STREET N.E., CIINNEAPOLIS, MN.) MOTION by Wahlberg, seconded by Plemel, to open the public hearing. Upon a voice vote, there being no nays, the motion carried. Mr. Jim George was present to present his request. A survey of the lots and the house plan proposed were shown to the Board. Chairman Drigans asked if they had built this house on other lots in the area. Mr. George said they have not built this identical plan before, but they have built houses on 6 other sites in this area. Mrs. Wahlberg asked how recently the other houses were constructed. Mr. George said they were built in 1970 and 1971. He added that they had built on building sites that were the same size as this, and that also had no available land to either side, and the City Engineer had allowed them to build without coming before the Board so this procedure was new to him. Mrs. Wahlberg asked if there was a house on the property to the west of tnese lots. Mr. Geozge said there was an older house on those lots. Mr. Mattson stated that there were two newer homes L-o the east of these lots and the one older house to the west with three newer houses further west. Mrs. Wahlberg Page 2 �, The Minutes of the Hoard of Appeals Subcommittee Meeting of April 29, 1975 r- r' asked if there are people living in all the new houses. Mr. George said he wasn't sure if they weYe all sold yet or not. Mr. Geozge stated they do own one other building site in the area, but not in the flood plain, that they will also have to get a lot area variance on. Chairman Drigans asked what type of house they are proposing. Mr. George explained that it will be a 24 foot by 40 foot split entry dwelling that will have a deck running partially on two sides of the upper level. He said this deck will give the dwelling more appeal. He said the lot being the way it is, it is virtually impossible to build an attached garage but a garage could be built in the back yard. Mrs. Wahlberg asked if a garage is proposed. Mr. George said they will not be building a garage because of construction costs the way they are. He said they felt this dwelling could be bought by a younger couple, _ who could not�afford both��.a house and garage, and possibly they would be able to build a garage later according to their finances, Mrs. Wahlberg said that the survey shows a hard surface driveway, and she asked if this was going to be installed. Mr. George said they thought they had to install it per the.Code, but after talking with the Building Inspector, they found out they would �nly have to install a gravel or similar type drive. He said they will instali the hard surface drive as that is how they submitted it to F.H.A, MOTION by Plemel, seconded by Wahlberg, to close the public hearingo .Upon a voice vote, there being no nays, the motion carried. Chairman Drigans said that it has been more or less a rule to grant variances on undersized landlocked lots. tie said the Board has given their approval on several of these lots so the Board has been consistant. Mro Mattson added that lot area variances were granted on Lots 45 & 46, Lots 47 & 48, and Lots 49 & 50, all in Block I, in April of 1974, and on Lots 55 & 56, Block I, Lots 13 & 14,and Lots 15 & 16, Block H, in February of 1973, Mr. Plemel added that this structure will be an i.mprovement to the area, Mrs. Wahlberg said in view of the fact that there are no other variances needed as the house fits on the lot within the Code, and because it will improve tl�e area, she had no objections. MOTION by Wahlberg, seconded by Plemel, to recommend to the City Council. approval of the variance for a reduction in the lot size, Upon a voice vote, there being no nays, the motion carried. ADJOURNMENT• � . The meeting was adjourned by Chairman Drigans at 8:00 P.M. Respectfully submitted, d � MARY HINTZ Secretary � . ��.�; ;. j i � \ REGULAR COUNCIL MEETING OF MAY 5, 1975 � RECEdVING THE MINUTES OF THE BOARD OF APPEALS MEETING OF�RPRIL 29,�1975: ����� PAGE 17 �sa Mayor Nee indicated that the Board of Appeals recommended approval of the request. The Public Works Director said there are a number of properties� irithe same area that have tieen provided such a variance. He pointed the lots out to the Council and referred their attention to page 4-A of the agenda booklet. He listed those lots o6tainin9 the variances as Lots 45 and 46, Lots 49 and 50 in Block I and said this was approved in April of T974. He also.pointed out Lots 55 and 56, and Lots 13, 74, 15, and 16 in B1ock�H which is across the street. He said these were all approved for this type of variance in February of 1973. He said the Board of Appeais had recorr�nended approval bf the request since there were no objections and this type of variance has . been granted in the area. . Mayor Nee asked if the property is in the flood plain and the Pu61ic Works,Director said it was not. '�` �MOTION by Councilman Fitzpatrick to approve the variance for Lots 53 and 54, 81ock I, Riverview Heights, the same being 528 Glencoe Street N. E. Seconded-by Councilwoman Kukowski. Upon a voice vote, all votina aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Breider to �eceive the minutes of the Board of Appeals Meeting of April 29, 1975. Seconded by Councilman Starwalt. Upon a voice vote,.all voting aye, Mdyor Nee declared the motion carried unanimously. � CEIVING THE MINUTES OF THE ENVIRONIIENTAL QUALITY COMMISSION MEETING OF APRIL 75, 7975: MO ON by Councilman Breider to receive the minutes of the Environmental Quality Commission Meet g of April� 15, 1975. Seconded by Councilman Fitzpatrick. Upon a voice�vote, all vo ing aye> Mayor Nee declared the motion carried unanimously. � iE CHARTER COhF4ISSI0N MEETING MOTION�by Co -cilman Starwalt to receive the minutes of the Charter Commission Meeting of April 15, 7 Seconded.by Councilwoman Kukowski. Upon a voice vote, all voting aye> Mayor Nee d lared the motion carried unanimously. �f THE HUMAN RELATIONS COMMITTEE-MEETING MOTION by Couneilman Fitz trick to receive the minutes of the Human Relations Committee Meeting of April 17, 1975. econded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declare he motion carried unanimously. Mayor Nee said he-had received a 1 ter fran P1r. Harold Belgum. Mayor Nee explained there is a possibility of a foundati working with�a number of other�communities in � Anoka County and Mr. Betgum has asked t Council if they would be willing to proceed with such a project. Mayor Nee said he thought this request should ear on the next Council agenda. Mayor Nee said he did not know how much money he� � requesting. Mayor Nee said these funds would tie used for the ethnic celebration the c ing surtmer. FRED ITALI TO The Publi�c Works Director.said he had brought this to the Councili form of a status report. �He said it would-be appropriate for the Council to receive report and forward the request to the Board of Appeals for their review and recorrenendation n the variance reapproval. He mentioned that there is a request submitted to F. H. A. fo heir approval and with this type of procedure, there may be some delay. � . I Councilman Breider asked what date the year term af the variance rrould be conclude �` i The Public Works Director indicated this would be Ftay 28, 1975. He said the Board �. 139 , RE6ULAR COUNCIL MEETING OF MAY 5, 1975 PAGE 12 Rp als and back to the Council before the expiration date. The�Public Works �'rector poi ed out that the request for the extensionshould be submitted to the City nager 20 da s before the expiration of the year, and this had been comptied witb. uncilman Breide said then, they would not have to come in and reapply. The Public rks Director said no, because the extension had been requested. MOTION by C ncilman Fitzpatrick to refer� the request for the extension of the time period on va tances previously approved for the Wall Corporation to the oard of Appeals for their.rev ew. Seconded by Councilman Breider. Upon a voice vote, 11 voting aye, Mayor Nee decl ed the moti�on carried unanimously. DERATION OF NJOUIRY REGARDING WATER Mr. Robert Erickson a dressed the Council and indicated there is a'continuing problem with the water from.th streets running across this property. He passed out materials indicating this problem to the Council and also some pictures of�the eroded area. Mr. Erickson explained when he City put�in the street on Gardena a�hd�Benjamin, they out the street in so that the torm sewer water drains on his prop�rty. He pointed this out to be 5950 Benjamin Street. Mr. Erickson referred to�the C'ty's map of the area aod indicated it was a rather e servative map. He said the wa��r drains into his propert� from the north one hdlf of G dena and also from Benjamin � reet beyond 60th. Mr. Erickson said he would lik to go over a 8ew figure�nd noted there is 26,DOC �� � �gallons of drainage into the ar whi.ch woul.d create a p nd three feet deep and from 30 to 40 feet wide. He continue �stating�this is a.re rrent �thing and he had been atten�ding meetings with the Counci concerning this prpblem for two and a half years. � He said the last time he had appea ed before the Co cil, he had been told that the � Cou�cil would get back�to him with s e sobution to he problem. He said after about a � year, he thought it was about time to gain reques some solution. Mr. Ericl:sion said �he was requesting the City to initiate he plan h had proposed for the storm sewer drainage and also take care of the dama to�his roperty. He said he would like to know what the City planned to do about h� prop ty. � Mayor Nee said there had been three conc of the problem. He asked Mr.'Erickson w to. Mr. Erickson said he would like the was proposed at tfie cost of $20,000. sented to the Council for�sotution the three proposals he was referring pensive proposal. He explained this Mayor Nee asked what the problem with t proposa had been. He asked if there would be some problem with freezing. He sai he saw no roblem with the proposal. The Public Works Director comnented that is was not a ermanent sotution to the problem. He said the solution should take int account aSl o the water in this draina9e district. Mr. Erickson said he did r�ot know o any objections t the plan he had proposed. He said no one�in the area has any pl ns for selling tnei property, they would like to teave it natural. He also menti ed he would have no o'ection to. the natural water being directed to the area, but e did object to the dir ting of the storm sewer water being directed to his property� He said a catch basin ha been installed and the water is draining into his private roperty. He said the City i not taking care of the drainage and he had thought hat this was to have been take care of. He said he had tried to get some action for two nd a half years. � Mayor Nee said he had go e by the area and it was dry. Mr. Eri kson said i:t drains into the area and stan �for a�couple of days after a rain. He aid it would be better to review the ea in a rain fall. He said he thought at his time, the Council would agree that it ' execssive and it would be evident what kin of tlamage can 6e done. � � � � - Mr. Chares Majes , 1570 60th Avenue N. E., was pointed out as the a'acent property owner. Mr. Joseph�erson 1565 Gardena Avenue N. E., addressed the Council and aid he owned the pr perty at 1565 and also 1568 Gardena. �He said he had no inte ion of selling the back L, he had purchased the property in this area for a large yard. Mr. Joe� ete�son said he felt everyone on�the block is involved in tfiis pro67e He said there ' a circle of houses with vacant lots behind the houses and all five lots lope into e valley and this i�s a cortenunity area for the people on the block: He sai the eople of the area have the�best nature center around. He said all of the water is eing deposited un this property> it does not remain there,.it settles into the lo ar a. Mr. Peterson further explained that if there was some sewer system install�ed in the area, the lower area woutd not be filling up witb street sand. � ,� �; 4 � �-C't�u a� .�a�idie� 6431 UNIVERSITY AVENUE NE _�uilders 7555 Van Buren Street N.E. Fridley, Minnesota 55432 Attention: Mr. Jim George Gentlemen: Dear Mr, George: ANOKA COUNTY f 2 � i��� �s�- � 560•3450 FRIDLEY, MINNESOTA 55421 Re: City Council-Board of Appeals �Action Taken Notice � � On June 2,1975 the Fridley City Council officially affirmed the reco�nendation of the Board of Appeals that your variance request(s) be granted with the stipulations listed below. Copies of the approved minutes of the June 2nd Council meeting will be available July 7, 1975 Approved variances are valid for one year from the date of Council approval and may be renewed prior to e�cpiration. Variaaces that have e�cpire3 must be re-requested, NO STIPULATIONS If you have any questions, please call the Community Development Office at 560-3450, Ext. 41. HGM/mh � '/c� LL��//C� � � OL9ARD G. MATTSON Community Development