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AF-V - 46141� U�cFn,,Cif� �u, mFfr�� APPLSCATION TO THE BOARD OF APPEAI.S AND CITY COUNCIL FOR SPECIAL USE PERMIT, VARIANCE IN REQUIREMENTS OF CERTAIN ORDINANCES OF 2$E CITY OF FRIDLEY (Applicant to complete items 1, 2, 3) — ��q-as0.5 1. Hame and Address of Applicant 2. Legal Description of Property (also general locstion, such asi"north- east corner of 64th Avenue aad Sth Street°0 ox 6415 Fifth Street") 0,. �., 2s. e21e . L3-f.a-c�_ S. I�_,�e.�, ,�,.e� )�� 3. Describe the variance requested, (attach Plat or Survey of Property showing location of proposed building, etc., also adjoining properties and ownership within 200' of said property.) n,.✓ , . 4. Comments by administrative official denying original request for buildin� permit or other permit, (To be completed by administrative ufficial. Appropriate ordinances aad section of ordinancas to be cited,) � ..: a 5. Notice of flearing �ppe dates• /Uo ��� (must�be at least once attached). - 2 - in Official Newspaper on the following -- copy of notice to 6. Board Members notified of ineeting by � f(' n.w. A.�4� ��, � 96 9 (List Members, Date Notified, and "yes" or "No" for plans to attend hearing). + :,,- � .,. l�l �� _ �- = , i_ ���::,��. � �c s_•�► .r _ �Y — �--- �C� '+i�si'-i~i .� �u. i.� Da[ � ��.14�q �, �1 Plan to Attend � � Y 7. Peraon making appeal and the following property owners having property within 200' notified; N, a_me Date , ,� , __ � . , � ,� : . . . �. . ... :.. . , i � ].l � �_ l �. � , . . t. ' 'a � ��.� � i. % � � �.� � � � .? . _� � '� . . i.1 • I ] � .4�� �4.♦ . _ '/ • � .� ♦ �.�.�i� i I '� ..�1�.a �� � . .1' �• • • I By Phone Notified by or Mail (Initial) �rra.�, rn, cL: 8. The Following Board Members and interested parties were present at the Hearing; BOARD t�LE�ERS -3- OTHER PAftTIES• NAMB 9, Opiniona and recommendations by BOARD OF APPEALS: ADD1tES5 ' A_ ...._.a. _ � „ i . 1 a_ �� — - , - - � v! l l � F �L� � '_1 _ /I 7 - - �lc__' _ � •. � ��, . / �. . . _ � ./ � � .. a � _. i .. /, . � .• .�. � .I _ . .P� -Cta4� .Fiv�-%C'l�zQ �i�.k� � cLf� �L-e� (��0, For Aboitge Recounnendatioas 11, Action by City Covncil and Date; t ! �� ATTENTION OF � ��3 r-.-.•.. 'r'„<.� _""_ — "� ..,=3r Y».x, . TO. '_'_�� e _..� �._�_� L:iilY,.�...r�! _.-_ �__.-' __ � � " �, 3- -�•�; � . _ _. __- -- __� �s io, �ts �---- -- -- — — _: ___-- __ - _ _ __ _- _ _ _ __ . . _. ,r _ � ..� . . .. ,: _ ... _ �: � -_ �:� t _��.. . . ... . —z..,..�-'�-- �-��+�...�e�-°'�F. -yz�:-_M.��= _�.��_°��-.a�s�= _-. —�---.-._ . ----- - � � -- — � . ��GNAZSlftE. . REPLY: �s x, �-`�;c-�-- k -. f... . �. .m,.na�hR�rs!t ^Y�•erN.rsiw..�.r��.M<s�,Y`�%R?}� .-�-_-._ _ ._ "_ � _ . . . _ . ,. . . . .-�-...: �. -.. ..._ . _..__ .._...__ __.._- _._.-. _ ____ �__._. � . . ___.._—. -_.__ . . _.__.... ___._ _._.___._ ._ _. . �_ .__ .. ... _ j _.... ._.__.__- .____- _.____� . ' ..4 ..�3... �.. . � �. _�� _� .� � _ . �_ .._._..__ � ._ _....__ _.__...__ ._.... G. '. ,:. . ._ . � �� r // / / �__...--..____ - .._.�T..::DA7E. �/�/.� b � �.:SI�MATUR �4� � : , :�., , . ., . . ,. RETURN THIS COPY TO ORIGINATOR OFFICIAL NOTICE CITY OF FRIDLEY PUSLIC HEARING BEFORE THE BOARD OF APPEALS TO WHOM IT MAY CONCERN: NOTICE IS HHREBY GIVBN THAT the Board of Appeals of the City of Fridley will meet in the Council Chamber of the City Nall at 7:30 P.H, on Wednesday, December 10, 1969 to consider the following matter: A request for variances of Section 45.26, Fridley City Code, to reduce the front yard setback require- ment frao 35 feet,to 24 feet and Section 45.25 to reduce the rear yard setback requ3rement fYOm 25 feet to 10 feet to permit the construction of a dwelling to be located on Lots 25 and 26, Block S, Riverview Heighta, the same being 8115 Riverview Terrace N.E., Fridley, Minnesota. (Request by Cheater Schack, 3534 Marshall Street N.E „ Minneapolis, Minnesota.) Anyone deairing to be heard with teference to the above metcer may be heard at this meeting. P48LISH: November 19, 1969 DONAI.D MITTELSTADT CHAIRMAN BOARD OF APPEALS 1 � THE MINUTES OF THE BOARD OF APPEALS MEETING OF DECF•[�IDER 10 1969 The meeting was called to order by Chaixvoaa Mittel t at 7:33 P.M. ME�ffiERS PRESENT: Mittelstadt, Ahonen, Ha , Minish rffi�ffiERS ABS$NT: 0'Bannon OTHERS PRESENT: Clarence Belisl ilding Inspector MOTION by Ahonen to as written. Seconded by minutes of the November 26, 1969 meeting Upon a voice voCe, there being no nays, the motion carried Mre. Shack was preaent to present the request to the Board. Mra. Schack presented a survey of the property and plans of the proposed dwelling to the Board. There were also pictures of the property, taken by the Building Inspector. Mrs. Scheck explained the proposed dwelling will be 26 feet by 40 feet and vill have a aplit level design. They also plan to move a garage onto this prope=ty from their Minneapolis property. The garage ia 24 feet by 22 feet and will sit along the side of the dwelling. There will be 10 feet betwean the houee and the garage. There was s diacuasion on the slope easement for the dike and also if thie psoperty vas in the flood zone. It wae brought out that the dvelling would be conatructed 1 foot from the easement and the property is just outside of the flood zone. The Board felt that a variance on thie property ia neceseary. Thia variance- ie on the mini�m lot area. The Revised Fridley City Gode statq, "Whese a lot 1.� one on a �ubdiviaion or plat recosded before December 29, 1955, the minimum required lot area is 7500 squ�re feet." The Schack'• riro lo[a contain only 6840 square feet. Chairmen Mittelstadt atated the Building Inspection Depaztment should notify the applicant of this additional needed variance. MDTION by Ahonen to table ._ie raquest until such time as the applicant is informed and the additional variance is publiahed. Thie vould be until the January 14, 1970 meeting, Saconded by Harris. �Upon a voice vote, all voting aye, the motion carried unanimouely. , �.. r � 1. 2 The meeting was called to order by MF�ERS PRESENT: Minish, Harris MEriBERS ABSENT: Mittelstadt,�6 MOTION by Harris to as written. Seconded by nen. carried animously, Minish at 7:40 P.M. the minutes of the December 10, 1969 meeting Upon a voice vote, there being no nays, Che motion MOTION by Harris to xemove this item from table. Seconded by Ahonen. Upon a voice vote, there being no nays, the motion -- carried unanimouslg.__ _ Mrs. Chester Schack was present to present the propoeal. She presented plans of the proposed house to the Board for their review. It was brought out that the house will be 26' x 40' and the lot is 60' x 114'. The house will face Glencoe instead of Riverview Terrace. Mr. Schack also waats to mwe in a garage that ia 24' x 22'. Mz. Craig Erickson was present but he had no questions about the requests. I�fOTION by Ahonen to close the public hearings. Seconded by Harris. Upon a voice vote, there being no nays, the motion passed unanimously. MOTION by Ahonen to reco�end to the Gouncil that the xequests be apprwed for the following reasons: 1, It will be an improv�ent to the area. 2. Without the variances the two lots are unbuildable as there is no land available on either side of the lots. 3. If we enfore the code we would be imposing a hardship on Mr. 6 Mrs. Schack as they are being fo=ced out of thets hame in Minnespolis. � �' REGULAA COUNCIL MEETING OF JANUARY 19, 1970 PAGE 3 �` even ba on the aganda tonight as 1t was the intsnt of the council to table thia until the Ward one chair �ras filled. Councllman Sheridsn �aid that perhaps khe error was made in bringinq one item back for consideratian, And aot all. Cwncilman Liebl said that if thia i.g tsbled, then all ordinance� i'eguiring a 4/5 vota ahouid be tabled. t40T'ION by Councilman Harris to tt�ble consideration of ihe Hyde Park �ezvning unt11 the lull compliment oP the Council 1a pzesent. Seconded by Councilmax� Shfitidan, Upon a voica vote, Kirkham, Harrie, Sheridan voting aye, z:iebl abetaining, Mayor Kirkham declased the motion carxied. i4is. 6I. O'9erq, a resident of Hyde 8ark said that she is selling a house attd wAe told that she would have to pay some pending asaessments and wonder�d hoN Chare oould be any pendinq assasaments until the rezoninq 1s complet�d, 9ha hae ta aupgly th� maney is escrow, she �riced the house for sale wlthquk oon�idezetion !or the pending assesements. The Finance Director said that �saesamants are placed whan the resolukion orderinq the improv�snea�t is passed Which is vrhat waa 8one in thia case. Councilman Liebl sald that th� Couneii mu8t ahow qood faith and that be paaslnq the reaolution, they made a commit�nent. The City Attorney said that he was nct avr�re that thia wa� listed as a pendinq asseasment. .He said that the policy he�s been Foliowed, althouqh it vras the in'tent of the Council that it the rezoninqrdid not go thr�ugh, that thare would be no need for the slip off ramp and this pendinq aasessment would ba removed, Mra. 0'eerg said that she was told at City Hall that there were ao peading aeaessmenta. She could not understanR hox thare caild be any boPose the razaninq ie voted in. She felt that there was a�e elaziF�ca�ion neceesasy. Counci.lman liarsis asked the City Attqrnep if passing the Ya9olution waa not dependBnt upon the rezoning pn'ainq. The City ��taFney ssid that he understood that this was the Council'a intent. councilman Harrls esid thet Yn that case, he did not aee tw�r there couid �e ar�p ass�ss- meat yeridinq. Th0 City Attoiasy suqgested that tbC City Manager, the Flnance Director dnd himseli �et to check thig out. Mayor xirknam saiA that tbis was the best aolution and asked for a report at the next reqular Council Hneting. MpTSON by ilman sheridan to table this item !or eonsideratian by the full Gouncil. Seco y Councilman Harris. Upon a voice vote, All vvtinq ayer msyoz' Kirkhaim declar e motion carried. DIOTION by Counoilman &heridan to table tem €or conaideration by the Pull Council. Seconded by Councilman Harris. n a volce vote, a13. voEing aye, Mayor Kirkham declared the motion carried. C.7`.7 Cqunailma� �haridan eaid tbat he asaumed khat Lhe purpose ot this ord 1� te kaop CruckR �row uair}g retidential �traet8 as truck routea. Z'he C� MAnager eald that this ordinance ia tha result oi his actually go�.nq drnm ,�� - i� ' REGULAR COUNCI� MEETING OF JANUARY 19, 1970 / FAG� 4 .. �ad driving these stxeets, xe said that Councilman Liebl bro ht thi$ ��ed ta his at����ion. Counoilman Harxie said bhat he bhouqht th t the�a wegm 9ane ath�r sbrests that eould be included, such as aome �£ ho atr�ato ;� Melody Manor, dackson Street is meant ko be the truak ro e but truaka �avo �aen uai�g the res�dential strea�s behind the hoepital. MOTiON by Counc�lman Harris to adppt oxd�nanca #447 the xeading, and order publication. seoonded by Qo roll aall va�a, Sheridan, Kirkham, Lieb1 and Har� � dacJ.ared th8 motion carried. �nd readinH� Wd�va Liab1. Upoa� a aye� Mayor X1K'khNm R'j3s G�t�' �nc�ipe�r explained that the C�ty FXidley has besn vsinc� tha �9Cl�edul8 us�d �n Mifl�eapaiis. �r�rx ti.me they upgrade their f�� achasiu2,9, Fridley raises theirs. This is about a 10� - 20� raise. This ordinqnce will �r�nq �'ridley in iine with what �' _gapo2is F�as chargecl. Thez'e i� pn� oti��r building chanqe, and that i�he use oE a stair way zather th.a� ladd�rs tQ the xoof Por the maint�n ee o£ any hea�ing, air cond;�ioning� �etr3,g�re�tioz� or other mechanical ipment. Councilman Lieb1 ��ked iE thlr Qrdinance did not have someth�ng o dv W1th the con�'cruction a1so, and �k+� CiCy En4ineex sai�� that it alsp rovj.des that na tvood framing £Q� a33y rCXUGkure may be sQaced more t n sixteen�i,ncha5 R� �enter, The Ci�,y� p! F�`i$�ey uses the Uniform B ilding Code and this amends it. �'h� �ik� Attorney suggeste that in the futurQ a11 new wording i.n a 8�opa�ad Orslin�n�e shou�d be u�ciez �ngd, so tha� th� old wPrciin4 gan ba Qasilx diEPerentiate8 from the ew. Councilman Liebl �,oirated aut that th�s Osdinance wi11 mean mo e money to the buxlder� but also better coastruc�3.on, Mr, Aichard Farris, member Qf �he audi.ance, askad if SQGtipn 46.Q33 ie R�� a11 n�w and th� Ci �ngineer said that it w�s new in thQ Minneapplis �a4e�, b�t t�ta� i� was k paxt oP the Unz�o�n �qlldinq �ode• Mr< Harxis aa�,d Cly�t h4 ielt tha� th Uniform Suilding Code wa� superior to the Minneapglis Cs�s, and ask�d wha� as the reason for the addition of the stair way. The �9.ty �zigineer sa1: that the primary reason was safety. Mr. Aarri� said thdk '�hi4 would be qu' e an additional expense Co have to put in the atair way ko the souttle. MO'�'I9N y�eunci]aman Harris to ap�rpv� the Orflinanae on Piret readinq aad wative #.h� zeading, s�conded bg Councilman Sheridaxt. Upon a r41i caii vote, Li�r , HAZ�t��, Sheridan an$ Kiskham voting ays, Mayor Kirkham declared the mo ior� �arxi�d. � itECETVINC, TH� MiN[TTES OF THE BOAF2D QF APPEALS MEETING OF JANUARY 14J 197Qo ° �` V t�GC17,A1i COUNCIL MEETING OF JANUAAY 19. 1970 J ,y PAGE 5 The City Enqineer explained that the Soard of Appeala did approve thie requemt.. The house vrould ba facing Giencoe and the request is for a variance !or lront ynrd from 35 feet to 24 feet and rear yard £rcm 25 feet to 10 leet, Thie 1e ettuated on a long lot. There were no objections from any of tha aelqhbora. This is at the northerly t1p of where the 1965 flood reached. Councilman Harxis said that he assumed that the people were notified that oven though there is a dike present, that it cannot be conaidered abaolute piqtectlon. The Gity Engineer said that he believed that thase are the aauae peppie that owned the lots in 1965. Councilman Sheridan said that there ehould be some kind oP notification, perhapa with the buildi,ng paxmit, that a possible danger does exiat and that this i� to be consz8ered a te�por�'p dike. � MpTION by Counoilman Harris to instruct the Adm�.nlaCration to preparo fihs buildinq permit with the information that a possible danger of Plouding doee oxiet and that the improved temporary di.ka must ba considered a temporary minimal measure. Secondad by Cwncilman Sheridan. Upon a voice vota, all voting sye, Mayor xirkham declazed the mqtion caxried, MOTSON by Councilman sheridan to concur with the grantinq oE �he vaslancas !or Cheoter Sohack for 8115 Riverview Terrace. seaonded bY ��ncilman Liebl. qpon a voice vote, ali votinq aye, Mayor Kirkham daclared tatia motion carrlsd, The City oeez said that Chese lines are too flat� and there are aome back-ups. He d asked Mr. Comstxk of Comatock and Davis, inc., Conaulking EAginaete to ba p ent, however he was not present yet and asked that thi9 bO�COABiAe=Bd dt ttte d of the Meeting. . SNOT�) �'. Comstxk still we# tablad to the ne�t reg CpNP'IRb1ATI0N OF ELECTEA AN AsoistAnt �hi�fs LeROy 83omater Deru�is ottom S�aratery Chas'laa t4cKusick not arrived at the end oE the Meeting, �o it �cpuncil Meeting. Chief aP 81xa Ssevention $ureau Robext D. Aldrich Lawr6n Peka Merle Lon b� liotiard SAmon Trustee f3 Ye �-...- vern Sasnea Assi�tant Chi Edward Ellis REGULAR COUNCIL MEETING OP .7ANUARX 19� 1970 � PAGE 6~� '° � pTION by Cauncalman Liebl to concur with the alected and appoint�d QfEicera q the F3r� Asg�rtmant, Seconded by Councilman Hazris. UQon a vo�,cs vot�/ �11 voti�g aye. Mayor Ki�kham declared the mokion carried. N.E.. Counailman 3heridan asked about khe legality of thfl dqpument as i some plagg■ Fs�diay is 11�d a village and some �laces a city, The G�.ty At� osz�sy �aid t��� this wp d be np pxoblean. Gouncilman Harxis asked if thi d�ed i& aQt i�x tha area rectly east qf Countsy xitchen and the Ci�y En inee� said yec, anA �d��d that his is in line with the �oncept whi.ch wa� a roved. M9TIQN by Councii n Sheridan tq acG�pt the qua.k claim de d. Seconded by �quno�lman xarris. Upon a voxce vote, a11 votinc� aye, y our xirkham declatqd the motion cartied. CONSIAERATION OF AU BILE ALLQWANCE IN LZEU �F CI FURNISHING AUTOMOBII.F AND LpCpL MZI,EAGE: �o�neilman Shexidan s,�id �t he Wpuld 7.ike tu Ve Chis tab,1�$ €�s he wvuld like to di.scuss this furth with the City Man �X. M4't'ION k�y Councilman Sherida to ts�ble c� �egular Couacil Meeting of Feb uaY� 2, 1 Upon a voice vote, all voting a e, MaYor carried, 'k ; Mayor �Cizkham �ai.d that he woul$ l�.ke� next regulaY Counci.l Meeting. f; M0�'ZON �y Coun�ilman Liebl t kable ca 4f �'ebruary 2, 1970. Seco esl by Coun vatinq aye, Maypr Kirkham eclared the SUPPORTING ration of this item tv ths nexb 5econded by Councilman Liebl, am declared the motion xequest that this be tabled to the tion of �hi� item to the Meeting garris. Upon a vpioe voka� 1�.1 earYied. � � The City rtanager goiat�d out that singie push bu�td{t si,gaala ars no lpngat legai and tk�at ik � siqnal were to �e put in; it wq. d have t4 hs khe t'k�ae comgleke Cycles. T'he Ca.�y Engineer Sugqested that th Ca.ty appsoaoh the CounCy on makit�q a study on the safety �p�di��9n78 oa Mi sissigpi $tte�� R� �� is a CpunEy �oad and �he Countp has �onta`q�. o� �t, He pb3nted out that in q�taet a�'eae a four way stop has wqrked qut sati���ctqrilx>> Tjte �anaGXtac�ioa p� � siq�ta�. wouid be coimaitting the City to a lo� of money.�! Mo7�'I9N by C�rune,iJ.man Sharidan �o inskruc� tha Admi.niatsation t draPt � 1�r �o �he Caunty along the lines sugge�ted kp khe City �ng�,n_ s, Se nded by Counctlman Haxrls. �1Fxan a vt���e v�t�, al� vatins� ayer �XQ kham de�lared the motfon ea�r�lefl. Jam�azy 22, 197U M�r. Chestar $ahnck 35� Mara'heli Street R.E. MixtnCapol:[e. Mi�meaota $B: Yariancas af Pridlev Citv Code D�estr Mr. Schsck: Bnclo.pd hezeraSth ia s copy of part o£ the Citq Councfl Minutea whi.ch concerns yair sequest for vasiances an tfis property ia Rivervieca gaight�. Plesse note iChe stipulatfons thet were ettsched to the apQrovai of Cha variemcea bq Cha Board of ,Agpeals. Aleo nata (d) which wae added bq. tlie Cfty Gouncfl. Please cansidez this as pour notifioation of tha 1965 flood and also Lhat the house is bei.tta constructed ir. a flood pisin axea. Ii yat� i±a+ra 2n� qu�sti�r_a c�-c�rning 2ue ailova saLtBr, glease iea� fxea �.a sal? ;�e ar 56t3-3�;50. Sineesaiy, � 8AH8 F. DBIHiCH &iilding 0€ficlal r° r�..