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AF-V - 46669� T " `S�ATE OF MINNESOTA CITY COUNCIL PROCEEDINGS � COUNTY OF ANOKA CITY OF FRIDLEY ��8� . In the Flatter of variances for Western Ridege Estates (new plat) VARIANCE Allen Fehn, 1251 Hillwind Road N.E. , py,iner The above entitled matter came before the City Council of the City of Fridley and was heard on the 26th day of March , 19 19g4 on a petition for a variance pursuant to t e City of r� ey s Zom ng Ordinance, for the follo�ing described property: see attached legal IT IS ORDERED that a variance be granted as upon the following conditions or reasons: See City Council minutes of February 27th and March 26th, 1984 STATE OF MINNESOTA COUNTY OF ANOK� CITY OF FRIDLEY ) � ss. ) OFFICE OF THE CITY CLERK I, Sidney C. I�man, City Clerk for the City of Friley with an in for said City of Fridley, d� her^eby certify that I have compared the foregoing copy and Order granting a variance +r�t� the originaa recOrd thereof preserved in my office, and have found the same ta 6� a correct an� ��°ue transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed rr�y hand at the City of Fridley, Minnesota, in the County of Anoka on the �, day of , 19 P�. DRAFTED BY: _ City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 SIDNEY C. N, Y L�RK': ��*°�. � ., � , . � � ,, _ e� , > _ Variances are valid for a period of one year following approval and��'�hall;,;,be '' � considered void if not used within that period. �t�;` " �,_ _„ ; � : `. , `�-, <: , =; � ��-; Y _ `�(;S�PL): ��'..° . _,e �j �� r / ,� LEGAL DESCRIPTION OF WESTERN % RIDGE ESTATES Lots 1 and 2, Auditor's Subdivision No. 94, according to the recorded plat thereof; except the easterly 200 feet of Lot 2, whihc lie northeasterly of the following described line: Corronencing at the Northeast corner of Lot 1, Auditor's Subdivision No. 94, according to the recorded plat thereof, thence on an assumed line of said Lot 1 a distrance of 174.72 feet to the point of l�ginning of the line to be described; thence south 54°21'40" a distance of 324.27 feet along a tangential curve concave to the northeast having a ra�ius of 717.95 feet and a central angle of 25°53'10'; thence South 80°14'S0" east a distance of 90 feet and said line there terminating. Generally located on the Northeast Quadrant of I695 and TH 65 on Hillwind Road N.E. � �� 1�� vi��rM��: • a��:;. .;_ I:il � � � ��. �_ s�i�.N��. �• i • � il� • �: y _ • . . :��# A. 17. 1984• .[�_ � ��• �+ i � • • • ��. � _ �:' � ��N �iis item was previously acted on by Co il with the first reading of this ordinance early in the evening. Mr. F ra reported to the Council that he had attended the seminar. B. P & AT ' TY• N�TION by Councilman Schne' r to concur with the recommendation of the Parks and Recreation 'ssion to approve the policy on ice locations for the City. Seconded by uncilman Barnette. Councilman Hamernik sked what date the list would be establishged for the locations of the ' rinks. Councilman the past y� UPON A r�tte stated the Conanission had indicated they would review s evaluation at their March meeting. ppTE TAKEN ON RHE ABOVE M�TION, all votecl aye, and Mayor Nee motion carried unanimously. ��4�N �� \�� _ .z�l �i. •. � �) A� \. � �-�- �. : : � M �� L� �� z�� ' � � ' ML ��I� .I �_i� 1. i i� �� _ _:I� �I� ��' �"- Mr. Flora, Public Works Director, stated these variances are requested in conjunction with the hearings on the plat and rezoning which the Council reviewed earlier this evening. He stated there is a neec] for a variance to reduce the f ront yard setback fram the required 35 feet to 25 feet; to reduce the required rear yard setback for a c]riveway fram 5 feet to 1 foot; and to reduce the required 15 foot planting strip between different zones to 1 foot. Mr. Flora stated the Appeals Cammission has recommended approval of the variances with a stipulation on the rear yard setback that a guardrail be installed at any location where the retaining wall exceeds 30 inches in height and that the planting strip variance only applied to a`bout eighty feet of the property line. These items are to be formally acted on by the Council at the time the readings of the plat and rezoning are considered, but the aclministration wanted the Council to be aware of the variances requested. • �' �,. ��.1�:_ _! �!�!�!�!�: � �: a--=-�� C-2 ;-�u � Mr. Flora, Public Works Director, stated this is a r est for a lot split to make a new building site at 1490 Rice Creek Ro and, in conjunction with the lot split, so�ne variances are also reque�ed. Mr. Flora stated the variances are to reduce th rrequired lot width from 75 feet to 73 and 74 feet and to reduce the aver�e front yard setback from 107 feet to 50 feet. i Mr. Flora stated the Planning Co�nission d Appeals Co�nnission considered the requests and no objections were made�t either of these meetings. Mr. Flora stated the Commissions reco�nende� approval with stipulations on the lot split. � MdI'ION by Councilman Barnette Planning Co�miission and approve stipulations: (1) a 15 foot b Road; (2) payment of the park f� Anoka County before any permit water assessments for the � Schneider. Upon a voice v e, motion carried unanimously. :o c�ncur with the recommendation of the lo split, LS #83-06 with the following �way/walkway easement along Rice Creek ;(3) all three lots must be recorded at are issued, and (4) all street, sewer, and lot be paid. Seconded by Councilman all voting aye, Mayor Nee declared the MOTION by Councilman Sch ider to concur with the recommendation of the Appeals Conmiission and rove the variance request to reduce the required lot width fram 75 feet to 73 and 74 feet and to reduce the average f ront yard set back from 10 feet to 50 feet as requested by Mr. Allan Singer. Seconded by Counci Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the mo ion carried unani.mously. Mr. Qureshi, City�Manager, stated he wanted to make sure Mr. Singer was aware of possib assessments for the road improvement, assessments for sewer and wate , and payment of the park fee. Mr. Singer s�ated he understood there would be some assessments for the se�aer and w¢uld like th�n deferred until the lots are built on and/or sold. Mr. Qureskti stated his major concern is that the City receive a letter fram Mr. Sing�r indicating he is aware of the potential assessments on Rice Creek Road and that he passes this information on to whoever buys those lots. Ne� felt this should be handled as a separate issue and for Mr. to submit it in writing for action either by administration or, if ary, the Council. N�7.'ION by Councilman Schneider to receive the minutes of the Planning Co�m�ission meeting of February 8, 1984. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion declared unanimously. , e • , . 6. �. ��. 1�, v��?5��. � r = ��!i �� ' � ti �): � �!: �. � � : � ,� ; �►n y.i � �� • y.i_ 4_ • �� . � _ v ,. � ►. �1� %,. _ �� ' ,. � ll1. �L7_ _.� i , i. L�7��\ f 1 _s_., �- MOTION by Counci]ma�n Schneic3er to waive the seconc7 reac3ing of Ordinance No. 803 and adopt it on the second r�ai� �a oraer publication. 6econded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declarec7 the motion carried unanimously. �� _ � �I, • � � � .� �� ' ��i�?+� v �_�! _ ��IY• y � z � � :J� i lE .��: �. ; �I� �: ►. ._i. \ �M � � �� ' � _ � si� ' � �_ �1� \ � ' �. � i _i._ � _i � �� i i , • _��J11 • !!' � .i_��S ,. I�1 • � � • • � • � • � • • • ' - • ' _ � � - ' , ' • • Y � • • � 1. 2. 3. 4. A 15 foot c3rainage/utility easement that goes through the center of the property where the existing drainage goes. A 10 foot slope easement along Aillwind Road for snow storage. Any improvement on storm sewer through property be at the expense of the developer. Storm water quality and quantity agreement worked out with ac7jacent property to the north. 5. Approval of the Rice Creek Watershed District with all plans for drainage coming to the City �gineer for apprwal. 6. Lift station be placed in such a manner on the site so the City can look for future gravity flaw to the north. 7. Petitioner be aware of and pay the required park fee. Seconded by Councilman Barnette. Mr. Fehn, the petitioner, asked about obtaining approval from the Rice Creek Watershed District, and if t�e should obta�n this ap�praval. Mr. Qureshi, City Manager, stated Mr. Fehn would be required to obtain approval fro�n the Rice Creek Watershed District. Ae stated the City would help in anyway possible, but there is a require�ment for a permit f rom the Watershec7 District. IYlr. Fehn statecl he talkec] to the property awner to the north and felt if a lift station was installec7, it would be a omnpatible situation to work into a gravity flaw syste�n. [JPON A VOICE VO'I� �1 ON 7�1E ABOVE I�JTION� all voted aye, and Mayor Nee declared the motion carriec7 tmanimouslY• . � � e a � ° ,s 8• �M� !�: 1�. v��+��. • _ y ; ;�«; ' : �'! MOTION by Councilman Schneider to grant the variance to reduce the f ront yard setback fram 35 feet to 25 feet, generally located on the northeast quadrant of Interstate 694 and Highway 65 on Hillwind Road. Seconded by CounciLr�an Hamernik. Upon a voice vote, all voting aye, Mayor Alee c3eclared the motion carriec7 unanimously. MpTION by Councilnan Sc�neider to grant the variance to reduoe the requirec7 rear yard setback for a driveway fram 5 feet to 1 foot, generally located on the northeast quadrant of Interstate 694 and Highway 65 on Aillwind Road with the stipulations that a guard rail be installed at any location where the retaining wall exceeds 3 inches in height. Secondec] by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Co�cilman Schneider to grant the variance to reduc;e the required 15 foot planting strip between different zones to 1 foot, generally locatec] on the northeast quadrant of Interstate 694 and Highway 65 on Hillwind Road. �is variance applies to the ap�roximately 80 linear feet area where the driveway cames within one foot of the lot line and the rest of the property lines that separate different zonings will be planted with a landscape plan approved by the City. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � �� ,i�« �� : 1 ' .f ��i� ,, y�� _�� ill�L� _ ►• ��i�y�� .� y �. .� �. _;� :s� �. MDTION by Councilnan Fitzpatrick to waive the second reading of Ordinance No. 804 and adopt it on the second reading ancl order publication. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Fitzpatrick to approve and adopt Exhibit I, Off icial Title and S�nary of Ordinance No. 804. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. •'� ��, �� :1 �� . 4 _ � �� , .. . 1 �! �� sd 1� ._ • ' �' • � • � • � � ; �.�► . 1 1 ._�I� . 1 1 : > ; __i_ � ,. MOTION by Councilnan Schneider to waive the second reading of Ordinance No. 805 and adopt it on the second reading and order publication. Seconded by Co�cilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declarec7 the motion carried unanimously. � •:.�_��,� �� :�. ;_�� _�. S '_ � _ �i�� !� �i ,� � . 1 �1� y �� 1; _ M�� . }RI • � • 1 � �. �/ • � . 1 1 :-�!� :� �_� � _ �. �� • � . 1 1 � �� _ �. MOTION by Counailman Barnette to waive the second reading of Ordinance No. 806 and adopt it on the second reading and order publication. Seconded by Councilman Schneider. Upon a voice vote, al+ voting aye, Mayor Nee declared the motion carriec3 unanimously. � A • �� l�� y�� S_S.t�. � �'�.�.\_.i \, � � ; « .��, � i �i�'��: ��_ � • � � �� _ • �= .�. _�_' • i� 44?�u. ��!,r ?!�,►��,� �.��!��. � .i 4�4 !��!� _ � � _ �� 4_ • : �l .; �. �+�►/�_.L� ��?��!!!� � � _ i� i _ _�)� ��.!�.�!y_�J��' • � � r��iyia�� +� �� !�.J�� _ '�L��LG. • ��. �. �_.�� i • �� i ' ,_ � �. _� � � �� i _: • ,� M+_� �Y�I� 1' �,!� r: •►I • � 1l� � :\�\� \, i-: � �� .f i �� S_T ��1 �,� �,i_�� f � i SS�,�� '��: , e \. .�z�y ws�' �� •�� `� �';: �is item was previously acted on by Council with the first reading of this ordinance early in the evening. Mr. Flora reportecl to the Council that he had attended the seminar. �1! �i�.V �.ii.i ��Mi. ' _� � �� I _ • � �_ ��I 171�1� • � ' �i��.�/i i �,! �� _ �} • � M !..� � �� 9.� �! Nt')TION by Councilman Schneider to concur with the recommenc]ation of the Parks and Recreation Camnission to approve the policy on ice locations for the City. Seconded by Councilnan Barnette. Councilman Hamernik asked what date the list would be establishged for the locations of the ice rinks. Gouncilman Barnette stated the Co�mnission had indicated they would review the past year's evaluation at their Marc�h meeting. UPON A VOI(� VOTE TAKEN ON '!HE �BCNE I�TIONr a11 votea aye, and Mayor Nee declared the motion carried unanimously. �_M ��_ A, i � �-i_ •� yll! � \ M_ �! �. � i �l i �. L�.f�i.►�« . .f� f .l1� \� if � i.,�� _i+ .i�� «f i �� y'� _� i, _ \. ��._. � .i. \ ��\ � _ .�� ,I� �� _ � Mr. Flora, Public Works Director, stated these variances are requested in conjunction with the hearings on the plat and rezoning which the Council reviewed earlier this evening. Ae stated there is a need for a variance to reduoe the f ront yard setback fram the required 35 feet to 25 feet; to reduce the required rear yard setback for a driveway from 5 feet to 1 foot; and to reduoe the required 15 foot planting strip between different zones tb 1 foot. Mr. Flora statecl the Appeals Canmission has recommended approval of the variances with a stipulation on the rear yard setback that a guardrail be installed at any location where the retaining wall exceeds 30 inches in height and that the planting strip variance only applied to about eighty feet of the property line. �ese items are to be formally acted on by the Council at the time the �' readings of the plat and rezoning are considered, but the administration wanted the Council to be aware of the variances requested. � �� °'�► � � � p�, v !��' F-� �� e�' o � � . � . s �p� � _ �:� � � �� p � �p O � h �� n R � ��c� rn Z O 3 � a � � '� -��' o0 � � a � � .m?« � z Oti � �' r. p � � � fD C m a � � �� v � � O 7'T� F-+ O � 1 � p � � � �� 0 f � 1 V _ � �,` m�. �, •' •�