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AF-V - 46539. }� ��._ . .- ,, • :�• CITY OP PAIOLEY� 6431 UNIVEA8ITY AVE. NE. FAIDLCY. AiAN. 6543! R6'12l 671�30.�i0 APPEALS COt9�1I SS ION: CITY COUNCIL REVIEW: CITY COUNCII: STiPULATIONS: 0 . .. (�,�� SU9JFCT � YARIANCES 4'� � � - . n� !��` /(�'-� o Kl� 1/ �� V 5 APPROYED �OISAPPROV = DATE !1 �S � REQUIRED: rYES � APPROYED DISAPPROVED OATE N0. 0 � ,,. 0 �..... ....• ...� ::::.:.: �-. .:.:::..:- • . . 'i N�IME iM C C K ��U'�r'YZ T! � S fEE O C� � RECEIPT No.�� `/ � . LOT N0. BLOCK N0. TRACT OR ADDITION . � � � � 9 � �_-� LEGAL QESCRIPTION: � �� °° _- � �� '� . ' � � SEE ATTACE-lED SHEET � ' • VARIANCE•REQUEST(S): (Attach plat or survey of property showing building, variances, etc., where applicable) � ��.v-�� `�1� �� Ir �� 6�• � i►�� ,�a �°� '�� - �°i Section(s) of the City Code: ��J s(�� .�`�� List specific hardship(s) which requiresfthe variance�s): (�!E'( G�.•• �/ �C �4 rv .v'Cl i' ��4 st $ c� t lj ,4.vrc • w ac+ t I� aro T r"�f�-�4.� c c; � t2 �1-�c res � a� GP4�� e, c= � � c.r �v, f �� 'iT�9c t� C�� c= r s �. K. ' • . I n ` • DATE� 5 —°� � .'-�� SIGNATURE ADDRESS f 3 S� G Z �C E-`�-T�A-L �4-v� r TELEPHONE NO 7,'�� Gaoo �N�K�� `S S� �rG �' . ...� • . .. ' . . .. r��wc�s - FOR C1TY USE 0l�lY �� -r i • ' �' .� 6oard aembers notified of �aeeting by • � �—�"�' ae _„�. li�t vea�c•rs date notified, and 'res• or •!�• tor plans to attend hearin�. � • Plan M+� • • O�t�e� ' To Attend � . June 7 j Alex Sarna Ju�e 7 � Jean ��rou � � June 7 Donald R. Betzold • Jutle 7 James Plemel � Jtme 7 . persoi noking appeal and the follouing p�operty o�mers having property within 200 feet � notified: - . . qame • 8y Wt:om - - Oate Phone or Mail I Notified t - _ .- .. 1 �See aitached s�eet � � . . . • � — �•� •........r.r� .� � �� .....�� t� s __ _ I � I _��_� _ 0 � � �..�-�-r-� �.. � _ " ;. _ ' Lot 78 through 83, Block A, Riverview Heights together with a11 that part of the imnamed street vacated and the Right-of=Way of the Minneapolis, Anoka and Cuyuna Range Railroad Company in the Southeast Quarter of the Northwest Quarter of Section 3, Township 30, Range 24, lying northerky of the westerly extension of the sou�•h line of Lot 80, said Block A and lying southerly of the westerly extension of the north line of said Lot 83, Block A, also known as Section A, Riverview Heights � a=' O � *, _ q Vari an ce 441 Hugo Street MCCK Incorporated 13652 Central Ave. N. E. Ham Lake, MN 55303 Montford Carpenter 8131 Fairmont Circle Fridley, NIlV 55432 Raymond M. Arnol d 8141 Fairmont Circle Fridley, NIlV 55432 David M. Jacobson 8151 Fairmont Circle Fridley, MIV 55432 Eugene B. Zuelke 8161 East River Road Fridley,<MN 55432 Javier Rivera 499 Glencoe Street Fridley, NIlV 55432 Jwie L. Frehn 8180 East River RQad Fridley, NIN 55432 Ernest T. Draheim 8164 East River Road Fridley, MN 55432 Alfred P. Kellner 8182 East River Road Fridley, MN 55432 Gene Harstad 500 Ironton Street Fridley, MlV 55432 Roger K. Ghai 11321 Ivywood Street N.W. Coon Ragids, MlV 55433 Dean W. Nordahl 10665 Northmark Drive Eden Prairie, MN 55432 Ted C. Shirley 2800 Himtington Avenue Minneapolis, MN 55416 MAILING LIST Ma.rk W. Maloney 391 Ironton Street Fridley, MN 55432 Clyde E. Meyer 420 Ironton Street Fridley, MIV 55432 Arthur R. Erke 382 Ironton Street Fridley, MN 55432 JErry L. Keilblock 366 I�onton Street �ridley, MN 55432 James W. Overcott 360 Hugo Street Fridley, MN 55432 Mitchell 0. Cook 420 Hugo Street Fridley, MN 55432 Gary A. Claggett 440 Hugo Street Fridley, MtV 55432 Frank J . Hegn er 450 Hugo Street Fridley, MN 55432 Coiuity of Anoka 325 Main Street Anoka , MN 55303 S. and J Construction Company 3264 Id��e:Creek Terrace New Brighton, MlV 551�2 Guy R. Lundsten 389 Hugo Street Fridley, MIV 55432 Ryan D. Falk 381 Hugo Street Fridley, MN 55432 David C. Schultz 371 Hugo Street Fridley, Mf�1 55432 John H. Kobs 369 Hugo Street Fridley, N1N 55432 Thnmas H. Adams 430 Ironton Street Fridley, MN 55432 Leonard Dailey 3621 68th Stxeet North Scottsdale, AZ 85251 John E. Gardiner 371 Ironton Street Fridley, MN 55432 .James Burnett 377 Irontan Street Fridley, MN 55432 Andrew H. Bultena 38Y Ironton Street Fridley, NIN 55432 � . STATE OF MINNESOTA CITY COUNCIL PROCEEDINGS COUNTY OF ANOKA • CITY OF FRIDLEY � f �5�4� In the Flatter of a va��iance re�uest locat�d on Lots _ 78 and 79, Block A Riverview Hei�hts, the same VARIANCE beinq 441 H�aao Str�eet N.E. Don Chouinard , Owner The above entitled matter came before the City Cou�cil of the City of Fridley and was heard on the lst day of Jul . 19 85, on a petition for a variance pursuant t�o t� City of r� ey s oning Ordinance, for the following described property: -- - To reduce the setback of a driveway from street right-of-way intersection from 75 feet to 29 feet on Lots 78 and 79, Block A, Riverview Heights. IT IS ORDERED that a variance be granted as upon the following conditions or reasons: See City Council minutes of July 1, 1985. STATE OF MINNESOTA COUNTY OF ANOKA CITY OF FRIDL€�' ) ) ss. � OFFICE OF THE CITY CLERK I, Sidney C. Inman, City Clerk for the City of friley with an in for said City of Fridley. do hereby certify that I have compared the foregoing copy and Order granting a variance with the original record thereof preserved in my office, and have found the same to be a correct and true transcript of the whole thereof. IN TESTIMONY IiFfEREOF� I have hereunto subscribe�i n�y hand at t City of Fridley, Minnesota. in the County of Anoka on the j�� , day of �; 9�. DRAFTED BY: City of Fridley ` 6431 University Avenue N.E. � � � -[ pPMR4G�e � �M�'. Fridley, HN 55432 SIDNEY C. N AN, CITY CLERI� �,, ��;, •,� .� ' `,� ' � � ^.,,�, A - a� Y °a'ti�� 0 5�;y, Variances are valid for a period of one year following approval and �� 1;1 'be,�-'` �'�;� Q'�', considered void if not used within that period. ��-�' � �� -�' �v �";� "' � {� � . �� r,,1 • ��,fi..� . J;,c- �"'" fi ..`'� $..� ;� <��xj� F f �,��` s . �, . , . .�� '�✓� � . � �r�',�� , �: ' -,y �- e..� t1i=,,.r✓=`; . � �.." � F �,,_ coutac:u, r�•ru� oF� �Y l. 1985 Q�u�cilman Barr�ette voted ac�inst the motirn. Mayor Nee declared the motian ' ca r ri ed by a 4 to 1 vate. . / F-2. QOIVSIDERATION OF A VARIAN(� T�0 RIDUCE RD(2UIRm SEl'BAQC OF AN RIVER ROAD. BY JOSEPH T. WHALEN: Mr. Flora, Public W'��k� �.re�,t.or, stated this is a uest far a varianve to rec�oe the required setback of an acc�ssory bu' ing fram a right-of-way fran 35 to 14 feet and to elimirate the five t setback of buildings fran hard surfaoes at 5750 East River Raad. He ated this varianoe is requested in o�njunction with special use per ' #85-06 for construction of a telephone storage building. Mr. Flora stated the A�peals ission has reoo�anended approval, with the stipulatian that the speci use petmit is apprwed and the structure is to be aonstructed of brick terials to match ti�e existing structures. NDTD�N by Co�cil Fitzpatrick to concur with the reoommendation of the Appeals Catmis ' and c�rant the varianoe to reduoe the reguired setback of an acoessor ilding frcm a ric�t-�-way from 35 feet to 14 feet; and to elimirn e five foot setback of buildings fran� hard surfaoes at 5750 East River oad, with the following stipulation: (1) the structure be oo ructed of brick materials to matc� the existing structures. Seoonded ��cilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion csrried �u�animously. F-3 DOh C�-IOUII�RU• Mr. Flora, Public Works Director, stated this is a request for a varianoe to reduoe the required setback of a drivc�►ay fran the intersection fran 75 feet to 29 feet at 441 Hugo Street N.E. He stated the plan proposed is to o�nstruct a six imit taanhouse develognent on this paroel o� property. Mr. gl�ra stated tt�e harc�hip stated was the �iginal plan for this property was not feasible, as the bank would not finance the project because uf the garages being detac�,ed. He stated this plan calls far tuck-under garages. Cb�mcilman FYtzpatrick stated the origirnl proposa.l was for ten �nits and is naa down to six �its which he felt was an imprwanent. Mr: Flora stated the Appeals Commission recommended approval of the varianoe, with stipulations regarding a landscape. plan; drainage plan; ric,�t-of-way declication; combining Lots 78 and 79; necessary street easeme.nts to be c�anted; and a�nsideration of a"no parking" ban on one side af Hugo Street. Mr. Frank Heg�er, 450 Hug� Street, stated their main conaern is the width o� the street and if there is spaoe for energency vehicles. He stated the Appeals Commission recommenc3ed "no parking" on one side of Hugo so he � -8- wutvc:u� M�,•l�ltv� c�r' JiULY l. 1985 . ,, � assunes all cars will be parking on his side of the street. He stated he was also o�noerried with ti�e 50 foot lot �which was proposed for .garages in the oric�rel glan. He felt it was fir�e if it would be left as a residential lot, but dicYi't want the additirn o�f iwo more u�its in the future. . Mr. Allen Nlattson, the petitiarer, stated the 50 foot lot is incorporated into this projea�t an�] will be �ed for hac�¢ y�c3 setback and c�een area. I�yor Nee asked if the c�iveway is large enough to allvw parking. Mr. l�ittson stated each �nit would haave t�eir aan d�ub�le driv�ray to the double c$rage so there would be Farking sp�aoe available in the driveway. I�. Qureshi, CYty Manager, state� there is existing aoncrete cvrbing on the north end of the street and onoe the driveways are installed, the curbing will t�e �enaved. He suc�gesteci the str�� be wic;ened e�n f�� i� n�r�h and the Ci ty pay for the asphal t, with the devel c�per pay ing f or the curbi ng. He felt, if this was d�re, the "no parking" restrictim fAr ane side of the street wuld be elimimted. Mr. Mattson stated the last aondo�niniun �nit aames claser to the lot than on the plans originally sutrnitted and he subnitted the rew plans. He stated, hawever, this does not involve any variances and meets the code regui renents. NDTIDN by Co�cilman Fitzpatrick to ooncur with the recommendation of the Appeals ComQnission and grant the variance to reduce the setback of a drivs�aay frQn street ric�t-af-way intersection f ran 75 feet to 29 feet on Lots 78 and 79, Block A, Riverview Heights, or 441 Hugo Street, with the following stipulations: (1) landscape plan approved by ti,e City; (2) drainage plan be sutmitted and apprwed by the City; (3) East River Raad ric�t-af-way dedicatian; (4) Lots 78 and 79 be oombined with the tawnt,ane p�rtian; and (5) neoessary Hug� Street easements be granted to the City. Seoonded b1► Co�cilman Barrette. Up�n a voiae vote, all voting aye, Mayor Nee declared the motion aarried taianimously. �e O��cil reoeived the minutes of the Planning Ca�mission meeting of June i�, l�o�. 3. QDI�SIDERATION OF A RES�I�LTTION SUPPORTING I,DGISLATIVE CHANGES ENABLING THE SIX CITIES i�11�R.Si� MAI�,GF.MENT O�ZATION � LE.'VY TAXES: Mr. Flora, Public Works Director, stated when the Six C' ' s Watershed Manage�r.e.nt Orc$nization was created it was with t�e tn anding they oould 1 evy t�xes. He stated, reoently, it was di soov th e Co unty tt, a t th e State statute does not authorize this orga ' ' on to levy taxes. He stated this resolutian would support a c�an n legislation to authorize the Six Cities h'atershed Managernerit Or 'zation to levy taxes. O�uzcilman Barnette d Mr. Flora what he felt tfiis mic�t be as far as the mills. Mr. F stated it would probably be about one-ter�th a� a mill. ,(Yty I�anager, stated because this organizatioc� is �nder a jaint _} � �a�c�ro n �w� r� w rr p� a �� (�u � o w � W �, � ��nd wn w�p � � ab � r• r� w N rr m M m � � rt w� e � u, � .rr �� Nz � . F' �iJ • �T�: �� aj��R_^ t _; H;��F��-�j�� _ m .��3_y �°�� a�,� ''�dT � � -n � � � � � T Z O � �-�. �Z 'q'1 v � a 3 �'..pc7 � � � � O � � a `�-►az m � � �� z r*� � v�?�� s o � � o � '-` � � a � o � :�. z c,� a2 0 � ' � � � � A . -� 1'7' fi �� i � �• � iy ��MI • O��ncilman Barnette voted aqainst the motion. Mayor Nee decl ca r ri ed b1► a 4 to 1 vote. , F-2. RIVER R(,�D. BY JOSEPH T. i�liiAI�EN: e mati an Mr. Fla�a, Public Works Director, stated is is a request for a varianoe to reci�oe the required setback of an acce ory building fran a right-of-way frcm 35 tro 14 feet and to eli�,irate e five foot aetback of buildings fran hard surfaoes at 5750 East River d. He btated this varianoe is requested in o�njunction with special e permit #85-06 for construction of a telephone storage building. � Mr. Flora stated stipulatirn that be wnstr ucted of NDTION Ap�eal s an acaes el imirn Riv er � v�nst��ct by �,��c.i ci�c1 ared F-3 the Ap�al s Cami issi on has rec�ort8nended a ppr ov al , w i th th e the �ecial use peimit is aptxwed and the structure is to br�Cck materials to matd� t�e existing structures. by Co� '�man Fitspatrick to �ncur with the reoommendation of the Camii iori and cgant the varianve to reduoe �e required setback of sor t�uilding fran a ric�t-�-way fran 35 feet to 14 feet; and to te e five foot setback of buildinc� fran hard surfaoes at 5750 East d, with the follvwing stipulation: (1) the structure be ed of brick materials to match the exis*ing structures. Seconded lman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee the motian csrried �a�animously. DON Q�DUII�IRD: Mr. Flora, R�blic Works Director, stated this is a request far a varianoe to reduoe the required setback of a driveway frcm the ir�tersection fran 75 feet to 29 feet at 441 Hugo Street N.E. He stateo the plan proposed is to aonstr uct a si x imi t townhouse dev el opnent an th is paroel o�' pr ope r ty . Mr . Flora stated the hardship stated was the origirnl plan for this property was not feasible, as the bank woul.d not finance the project beca�.se of the garages being detac�ed. He stated this plan calls for tuck-under garayes. O��cilman Fitzpatrick stated the ari�nal proposal was for ten �nits and is naw down to six �its which he felt was an impra�enent. 1�Sr. Flora stated the Appeals Commission recommendEd approval of the varianoe, with stipulations regard.ing a landscape plan; drainage plan; ric�t-�-way dedication; combining Lots 78 and 79; necessary street easements to be c,ganted; and a�nsideration of a"no parking" ban on or,e side aE Hugo Street. Mr. FYank Hec�er, 450 Hucp Street, stated their main aonaern is the wic3th af the street and if there is spaoe for energency vehicles. He stated the Appeals Commission reoommended "no parking° on one side of Hugo so he -8- r 1° ' crovNCa, rr�rrnac oF �Y �.�s5 3. assunes all cars will be parking on his side of the street. He stated he was also aonoerned with i3�e 50 foot lot which was proposed for garages in the origiral glan. He felt it was fine if it would be left as a residential lot, but dic�'t want the additioal of two more taiits in the future. Mr. Allen i�ttson, the petitioner, stated the 50 foot lot is incorporated into this project and will be used for back yard setback and c�een area. Mayor Nee asked if the driveway is large enough to allaa parking. Mr. Mattson stated each init would have their aan cbuble driveway to the double garage s� there would be parking sp�oe available in the driveway. Mr. Qureshi, CYty Manager, stated there is existing cnncrete wrbing on the north end of the street and onoe the drivaaays are installed, the curbing will be renwed. He suggested the street be widened ten feet to the north and the City pay for the asphalt, with the developer paying for the cvrbing. He felt, if this was cbne, the "no parking" restrictiori for cat�e side of the street aould be eliminated. Mr. I�ttson stated the last o�ndo�miniun �nit oanes closer to the lot than on the plans originally su}mitted and he subnitted the �w plans. He stated, however, this does not involve any variances and meets the code requi renents. NDTIDN by Gotuicilman Fitzpatrick to ooncur with the recommendation of the Appeals Commission anc3 grant the variance to reduce the setback of a driveway fran street ric�t-of-way intersection fran 75 feet to 29 feet on Lots 78 and 79, Block A, Riverview Heights, or 441 Hugo Street, with the follvwing stipulations: (1) landscape plan approved by the City; (2) drain�ge plan be subnitted and appraved by the City; (3) East River Road ric�t-of-way dedication; (4) Lots 78 and 79 be oombined with the townhome portio�; and (5) neoessary Hugo Street easements be granted to the City. Se�nded by Co�cilman Barnette. Upon a vaiae vote, all voting aye, Mayor Nee decl ared the moti on car ri ed tmanimously. �e Co�cil reoeived the mintrt.es of the Planning Conmission meeting of June 19, 1985 . n Mr. Flora, Pub ' Works Director, stated when the Six Cities Watershed Manag�ne.nt Organi.za ' was created it was with the tnderstanding they vould lEVy taxes. He stated, tly, it was disaovered by the County that the State statute does not authori is organizati� to levy taxes. He stated this resolution would sup�ort a dzan in legislation to authorize the Six Cities Watershed Manac�nent Organizatian evy ta�aes. �t�cilman Barrette asked Mr. Flora what he felt th ic�t be as far as the mills. Mr. Flora stated it would probably be about one- o�' a mi11. Mr. Qureshi, CYty Manao,er, stated because this organizati� is a joint _� 4. pawer agreenent, the laa does riot �av�ide then any taxing authority. He stated e only bodies that can tax are g�verrme.ntal agencies. � Mr. Qure i p�i�ed out this is an appointed body with six cities ir�volved so there uld be some risk regarding the credibility of the arganization. . Mr. Herrick, Gity Attorney, asked what is included in annual operating expen9es. I�. Flora stated it includes mailing, staff salaries, attorney and enc�rieerin fees, and all activities associated with the Watershed Manage�aent Orga ' zation. Mr. Herrick askec�if it included any improvenent projects. Mr. Flora stated, at tfiis poi�,, it cbes not include impraieaer�t projects. Mr. Herrick stated, he tnderstands, watershed districts have power to levy taxes for gener ach►inistrative expenses, but if there are any impravenent Faojects, th properties found to benefit b�► such �xojects would be assessed in the form a special assessnent. He stated the ooncern he has with the resolution is it doesn't really spell out annual operating expenses and doesn't set limit�tion on the anaa�t o� taxes the district �ould l�y. Mr. Flora stated, tnder the Six Cities Watershed Management Organization joirrt p�wers acgeenem, the agr ent authorizes the cities to initiate a budget and sulinit it to the respe ive Councils for approval. He stated this is a means of idemifying impr enent projects and ha�► to proceed with those imprwene.nts. He stated there re cfiecks and balances in the joint gawers agreenent. Mr. Herrick felt it should be better clef d or a limi�tion as to haw many mills a�uld be levied so that Fridley and ther cities wouldn't be giving away authority to tax to appointed per s who are f rom a diff erent aomn�►ity. Mr. Qureshi suggested staff check some of these°�tans further and bring it back to �e do�cil. \ NDTIDN by Gotulcilman Barnette to table this iten foi by Co�mcilman Schnei der . Upon a voi ce vote, all declared the motian carried �a�animously. ASHLAIVD OIL �MPANY/SUPERAMERTCA• E reviaa. Seo�nded ng aye, Mayor Nee Mr. Flora, Public Works Direc*or, stated in 1983 the Council °approved lot split, LS �83-04, for the Superamerica station at Highway and 73rd Avenue. He stated, when the lot split was submitted to the unty for reoording, the Cotu�ty required Superamerica to prepare a registe ed land survey to properly record the property due to the length �f the descriptic�ns. \ He stated staff had reviewed the registered land survey to ensure the -10- ,�t °v� 4 ..'a',� R. . � APPEALS COP1MISSIO�� MEETING, JUNE 11, 1985 PAGE 9 5. VARIANCE RE UEST PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY CODE TO REDUCE . - - THROUGfI 3 BLOCK A, RI ERVIEW HEIGHTS, THE SAi1E 3EIN( 441 4UG0 STREET N.E._ ( eques� by on ouinard, 5 2 Central Avenue, Anoka MOTION BY MR. BETZOLD, SECONDED BY MR. PLEMEL, TO OPF.N THE PUBLIC HF.ARING. UPON A VOICE VOTE, ALL VOTING AYE� VICE-CHAIRPERSON BARNA DECLARED THF. PUBLIC HEARING OPEN AT 8:19 P.M. Vice-Chairperson Barna read the Administrative Staff Report: A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.09.5D.4c requires tf�at the edge of the curb onenina shall not be closer to the nearest portion of a street right-of-way intersection than seventy-five feet, or two-tFiirds of tfie lot width, whichever is smaller. public purpose served by tf�is requirement - is to allow the stacking of vehicles, without blocking a driveway, at intersections. B. STATED HARDSHIP: "Original plan not feasible, bank would not finance because of garage; 6 unit witfi attached garages is O.K.' C, ADP1IlJISTRATIVE STAFF REVIEW: In August 1984 City Council granted a Special Use Permit to alloa� con- struction of R-3 garages on R-1 property, the same being Lots 78�and 79, Bl�ck A, Riverview Heights. According to tf�e petitioner the project was deemed unacceptable by his lendor due to the detached nature of the garages. The new proposal calls for tuck-under garages, The most westerly unit will have a driveway wF�ich is 29 feet from the intersection of right-of- wav lines of Hugo and East River Road. According to code R-3 driveways should 6e set bacfc 75 feet from tfie intersection of riqht-of-way lines. T(�e driveway ln question is approximately 32 feet wide and services two double garages. Note there is no such res'triction for R-1 or R-2 driveways. If the Board approves this request it should be with the stipulations that Lots 78 and 79 be combined with the townhome partion, as it is needed for rear yard and the necessary street easements be granted to the city. ��a� � , APPEALS COMMISSION MEETING, JUWE 11, 1985 PAGE 10 Mr. Clark stated that as the Commission probably remembered, there have been several other requests on this same parcel, The lates� request was to build a multiple family dwelling with a par.king lot to be located west of the build- ing. This proposal was approved about a year ago. Apparently, there were some financial problems, and so now the petitioner has a new townhome design with tuck-under garages witf� additional parking for company to the residents. The reason the code asks for the separation if to try to keep congestion from parking lots entering streets too close to street intersections. It may not have been the intent to restrict the driveway serving a two-car garage. They are thinking of recor�mmending a change to tF�e code tF►at a driveway serving parking lots of more than 4 stalls has to be separated by 75 ft. Mr. Clark stated the petitloners have agreed to dedicate to the Citv additional right of way for Hugo St, and East River Road. The petitioners, Mr. Allen Mattson and Mr. Don Chouinard, were in the audience, Mr. Mattson stated they went from a pr000sal of 7 units to 6 units with double tuck-under garages. If this was a residential home, the variance would not be necessary. He stated they will be selling these units individuallv as homes. Mr, Ralph Officer, 315 Hugo St.,stated that once East River Road is widened, the people backing out of the driveways of the townhomes are going to spend a lot of time waiting to get onto Hugo St, because cars on Huqo will be stacked up waiting to get out onto East River Road. He stated he felt there was an effort being made, 6ut tfie effort was being diminished by the street dedication. Mr. Barna stated that whether or not East River Road is ever widened and whether or not there was access to southbound East River Road from Hugo St., east or west of East River Road, depended on f�ow much the residents in the area express their concerns to the County as to whether or not they want East River Road turned into a freeway. Mr. Barna stated the R-1 50 ft, lot on ti�e east side of the property was being dedicated to the townhome development so there can be no possible construction on the lot. It will be a green area for the townhouse development. The owners of the units can determine what they want to do with the property, Mr. Gary Claggett, 44U Hugo St., stated his main concern was the narrown,�ss of Hugo St. Mr. Barna stated that if the .neighbors are concerned about the narrowness of Hugo St., they can either petition for street widening, or the City Council can decide that the street needs to be widened: Mr. Betzold stated he had talked to Pat Gabel, Chafrperson of the Appeals Commission earlier, and she had stated she had received a telephone call from a resident living at 8180 East River Road who was f�andicapped. This resident had stated she did not object to the variance requested but was concerned. .._ . ., .� ; . , . . .. ... . APPEALS COF1N1iSSI0N N1EEiipG; '�JUpE � 11;i985' ' ' ' � � � � � � � � PAGE 11 Mr. Clark stated he wanted the petitioners to be aware tfiat there may be a drainage problem. He believed one of the sti�ulations on the last olan was that a drainage plan be submitted and approved by the City Engineering Dept. prior to construction, Nortfi of tfiis property tfiere is a ratf�er old multiple dwelling of 4-5 units. TFie rear year of that building is lower than East River Road, Ironton and Hugo Streets. l�n that same yard is a qarage that is lower than any of the streets. The northerly portion of the townhom� pro�erty is also low so tf�ere may or may not be a drainage problem when the water runs off into the hole. It was possible tfie fiole could be made large enough to hold the existing run-off. If that was not possi6le, tfiey might have to have a storm sewer pipe installed to the nearest outlet, probably at the creek about 400 ft, to the east. Mr, Clark stated otfier stipulations put on the plan were: (lj City approved landscaped plan; (2� right-of-way dedication; (3) drainage plan be submitted and approved by the City. MOTZON BY MR. BETZOLD, SECONDED BY 1�2. PLEMEL; TO CLOSE THE PUBLIC HF.ARING. UPON A VDICE VOTE, ALL VOTING AYE, VICE-CXAIRPERSON BARNA DECLARED THE PUBLIC HEARING CLOSED AT 8:45 P.M. Mr. Betzold stated f�e felt th�s variance request was consistent with similar plans they have had in the past. In trying to make some use of this particular lot and also to make it fit into the existing neigf�borhood, there was going to have to be some stipulations to go along wit�i the variance request. MOTION BY MR. BETZOLD� SECONDED BY MR, PLEMEL, TO RECOMMEND TO CITY COUNCIL APPROYAL OF VARIANCE REQUEST PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY CODE TO REDUCE THE SETBACK OF A DRIVEWAY FROM STREET RIGHT-OF-WAY INTERSECTION FROM 75 FEET TO 29 FEET ON LO^S 78 AND 79, BLOCK A, RIVERVIEW HEIGNTS, THE SAME BEING 441 HUGO STREET N.E., WITX THE FOLLOWING STIPULATIONS: 1. CITY APPROVED LANDSCAPE PLAN 2. DRAINA6E PLAN BE SUBMITTED AND APPROVED BY THE CITY 3. RIGHT-OF-WAY DEDICATION 4. LOTS 78 AND 79 BE COMBINED WITH TXE TOWNHOME PORTION 5. NECESSARY STREET EASEMENTS BE GRAf7?'ED TO TNE CITY � 6. RECOMMEND THAT TXE CITY COUNCIL CONSIDER A"ND PARKING" BAN ON ONE SIDE OF HUGO STREET Mr. Plemel stated he got tfie feeling that the neighbors really had no objection to the variance request. They all seemed to agree that this plan was a much better plan than a 7-10-unit apartment building: Mr. Barna stated tf�at,living on Hugo St.�four houses down on the opposite side of East River Road and having looked at this lot for 15 years, seeing in the past a plan for a 10-unit building, Fie felt the townhome development would look nice. He d1d not really like the.29 ft., but there were other driveways up and down East River Road tfiat are that close or closer to East River Road. 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FRIDLEY, MINNESOTA 55132 NOTICE OF PUBLIC HEARING TELEPHONE ( 812)571-3450 3une 29, 1984 Notice is hereby given that the Appeals Commission of the City of Fridley will conduct a Public Hearing in the City Council Chambers at 6431 University Avenue Northeast at 7:30 p.m. on Tuesday, June 10, . 1984 �n regard to the following matter: Request for variances pursuant to Chapter 205 of the Fridley City Code, to reduce the required setback for a planting strip from 15 feet to 5 feet on the side yard on the property zoned R- 3(multiple dwellings), and reduce the required setback for a planting strip from 10 feet to 5 feet on the rear and side yards, and reduce the front yard setback from 35 feet to 25.6 feet, on Lots 78 and � �� Block A, Riverview Heights, to allow R-1 zoning (one family dwellings) to be used for a parking lot and garage in conjunction with a seven-unit multiple dwelling at 441 Hugo Street N.E. Notice is hereby given that all persons having an interest therein will be given the opportunity to be heard at the above time and place. PATRICIA GABEL CHAIRWOMAN APPEALS COMMISSION � � I CITY OF �RIDLEY 8431 UNIVERSITY AVENUE PI.E., FRIDLEY, MINNESOTA 55432 TELEPHONE ( 612)571-3450 � ..June 29, 1984 NOTICE OF PUBLIC HEARING Notice is hereby given that the Appeals Comnission of the City of Fridley � will conduct a Public Hearing in the City Council Chambers at 6431 University Avenue Northeast at 7:30 p.m. on Tuesda�y, July 10 . 1984 in regard to the following matter: Request for variances pursuant to Chapter 205 of the Fridley City Code, to reduce the required setback for a planting strip _ from 15 feet to 5 feet on the side yard on.the property zoned R-3 (multiple dwellings), and reduce the required setback far a planting strip from 10 feet to 5 feet on the rear and side yards, and reduce the front yard setback � rrar� 3�,.feet to 25. 6 feet, on Lots 78 and �9, �dlc�#c �, ,Ri verview Hei ghts, to al low R-1 �c:;1i r�� (one fami ly dwel l ings ) to be used for _ a parking lot and garage in conjuction with a seven-unit multiple dwelling at 441 Hugo Street N. E. Notice is hereby given that all persons having an interest therein will be given the opportunity to be heard at the above tirr� and place. PATRICIA GABEL CHAIRWOMAN APPEALS COMMISSION � � CITY OF FRIDLEY� MIN NESOTA COMMISSION APPLICATION . _ REVIEW �7 ,. � � o = CiT�r OF FAiDt„EY� . COMMISSION APPLfCAT10N MINMESOTA QEViEW ��+ N�rnew • op• �o►«.a ey Planning 40 �� A�i No. •oowcss Variance tAMPLETE AEVIEW CMECKLIiT Driveway setback from str AETI�iN TO PLANNINO '• R. 0. W. intersection from — �c� _ �a► JI M PHIL � Da rrel Ma rk Clvde `��John �s� Leon G � �J ; �,�4 � .. ��,:.� J—G7- OATt ��.�,�t ��, � �i ��,��.� �;,,- �f� ��,a� �1 ��.�,� �,,,�� .,. �..- z �,,,� a� �. �, �� l�- w �v, a� � � �,n--��i ��. �e1� s�;�i�. � �: � ��p . � � 6�, ` �.by�� w— �vi,� �l� ^ °� �s�l�, � ��° r� �r� � �� .� � �� . � .� �.. �.�c �o �;1� � �� r��o �� . � �, � �. � �� %� � � � ;,�' t � ''1 r, ,~ �" � � n �.�. , �^ r` � �,� ,�"' �: a��: , - �,;d ,- � �" A`A�.f�, tP"i.�� a"� � �'"�` ��,�� - b , _ CITYOF FRIDLEY C�VIC CENTER • 6431 UNIVEFiS�TV AVE. N.E., FRIDLEY, MINNESOTA 55432 • PHONE (612) 571-3450 NOTICE OF PUBLIC HEARING Notice is hereby given that the Appeals Conmission of the City of Fridley will conduct a Public Hearing in the City Council Chambers at 6431 University Avenue Northeast at 7:30 p.m, on Tuesday, June 11 , 1985 in regard to the following matter: Consideration of a request for.a variance pursuant to Chapter 205 of the Fridley..City Code, to reduce the setback of a driveway from st reet right-of-way intersection from 75'feet to 29 feet on Lots 78 and 79, Block A, Riverview Heights, the same being 441 Hugo Street N.E. Notice is hereby given that all persons having an interest therein will be given the opportunity to be heard at the above time and place. PATRICIA GABEL CHAIRWOMAN APPEALS COMMISSION Item �5, June 11, 1985 � dDMI1�ISTRATIYE STAFF aEPORT , � 4�N',1 Hugo 3treet N. E. l. PIIBLIC PIIRP03E S1�RPID BY R�IIIREMENT: Section 205.09.5D.�c, requir�s that the edge of the curb opening shall not be closer to the nearast portion of a street right-oP-waq intersection than seventy-five feet, or two-thirds oP the lot width, whiahever is smaller. Publip purpose served by this requirement is to allow the staakin� of veh3jeles, without bloeking a driveway, at interseotions. B. 3TATED HARD3HIP: "Original plan aot feasible,,bank would not Finanee becauae of gara�e; 6 unit with attaQhed gara,�es is 0.�." C. ADMIBI3TRATIVE STAFF aEVIEIi: In lu�ust, 1984, the City Co�ncil granted a Speoial IIse Permit to allow construction oP R-3 �arages an R-1 property, the same being Lots 78 and 79, Bloek A, Riverview Heights. Aecord3ng to the petitioner the projeat was deemed unaceeptable by his lendor due to the detaehed nature of the �arages. The new proposal calls for tuek-under garages. The most westerly unit will have a drivewaq whieh is 2g Feet from the interseetion of R.O.W. lines of Hu�o and East River Road. According to code R-3 driveways should be set back 75 Peet fr}om the interseQtion of R.O.W. lines. The dr3veway in question is apprqzimately 32 feet w ide and servioes two double gara,�es. Note: There is no such rest�riction for F�1 or R-2 driveways. If the Board approves this request it should be with the stipulations that Lots 78 and 7g be oombined with the townhome portion, as it is needed Por rear yard and the neoessary street easements be �ranted to the city. 0 Item #5, June 11, 1985 �' ADMI]�ISTRATI9B STAFF REPORT 4�1 Hugo Street N.E. A. PDBLIC PIIRPOSE SERVED BY R��TIREI�NT: Section 205.09.5D.4c, requir s that the edge of the curb opening shall not be closer to the near st portion of a street right-of-xay intersection than seventy-fi e Peet, or tWO-thirds of the lot width, vhichever is somaller. Public purpose served by this requirement HH7[? B. STATED HARDSHIP: "Original plan not feasible,�bank Would not finanee because of garage; 6 unit �ith attached garageslis O.g." C. ADNS9ISTRATII/E STAFF REPIEiI: ', In August 1984 City Counci� granted a Special Use Permit to allow construction of R-3 garages qn R-1 property, "the same being Lots 78 and 79, Bloek A, RivervieW Hei�hts. Aecording to the petitioner the projeet was deemed unaccep�able by his lendor due to the detached nature of the garages. ' The neW proposal calls for t�ick under garages. The most Westerly unit Will have a driveway which is 29 feet from the interseetion of R. 0. W. lines of Hugo and East River Road. According to code R-3 driveways should be set back 75 feet fna�m the intersection of R.O.W. lines. The driveway in question is apprcbximately 32 feet wide and services two double garages. I� � Note there is no sueh restription for R-1 or R-2 drivexays. If the Board approves this request it should be with the stipulations that Lots 78 and 79 be combined with the toWnhome portion, as it is needed for rear yard and the'necessary street easements be granted to the city. P >' Variance Request 441 Hugo Street NE Don Chouinard Council Action 7/1/85 1. Okayed 5 stipulations as listed in Agenda 2. Stipulation 6 deleted 3. New St.i p 6: Widen road to 10 feet & developers to pay for driveway curb cuts. To peb Note also that neighbors were not notified.