VAR 06.11.68560-3450
cit Of rdle
ANOKA COUNTY
6431 UNIVERSITY AVENUE NE FRIDLEY, MINNESOTA 55421
June 11, 1968
Gerald Glenn Builders
1202 Hathaway Lane
Fridley, Minnesota
Re: Council Action
1181 Lynde Drive
Dear Sir:
Please be informed that the City Council met on June 3, 1968,
and reviewed your request for variance of Section 45.25 and 45.26 of the
City Code.
The City Council has approved your request for a variance of
Section 45.25 from 25 feet to 20 feet of rear yard setback and Section 45.26
from 35 feet to 34 feet of front yard, to permit construction of a
26' x 26' dwelling on a 84' x 146.84'corner lot, the same being Lot 4,
Block 5, Parkview Oaks 1st Addition.
Please submit complete plans for this building before a
permit can be issued.
Yours very truly,
JOHN B• BREHER
Building Official
JB/bks
cc: Nasim Qureshi, City Engineer
CITY OF FRIDLEY
PETITION COVER SHEET
Petition No. 11-1968
Date Received May 16, 1968
Object Property owners do not object to the variance request by Gerald
Glenn Builders. Property abutting Lot 4, Block 5, Parkview Oaks
First Addition.
Petition Checked By Date
Percent Signing
Referred to City Council
Disposition
1202 Hathaway Lane MpIs., Minn. 55421 Ph.: 788.8595
P E I T 1 0 N
TO: Fridley City Council
We, the undersign, abutting property owners to Lot 4, Block 5,
Parkview Oaks First Addition or 1181 Lynda Drive do not object
7:
to the variance requested by Gerald Glenn Builders as published
in the Fridley Sun on May 8_9 1968.
7/C
IDJ
APPLICATION tO THE 90APb 09 A0PHAtS AND CITU COUNCIL
FOR SPEC14 USE PERMIT, VARIANCE IN REQUIMCNTS OF
/CERTAIN ORDINANCES OF THE CITY 09 FAIJXEY
(Applicant to complete items is 21
(f7, ER, 6L 0 64F-, A e AI
1. Name and Address of Applicant 7&/V Y
o4m)
10
F
,
j?,
2. Legal Description of Property (also general location, such as ?'north-
east corner of 64th Avenue and 5th Street" or 6415 Fifth Street"
3. Describe the variance requested. (Attach Plat or survey of Property
showing location of proposed building, ate., also adjoining properties
and ownership within 2001 of said property.)
4. Comments by administrative official denying original request for building
permit or other permit. (To be completed by administrative official.
Appropriate ordinances and section of ordinances to be cited.)
IL
- 2 -
5. Notice of Hearing appeared in Official Newspaper on the following
dates:_
(must be at least once 10 days before meeting -- copy of notice to be
attached). oQ
6. Board Members notified of meeting by4)44,�—
(List Members, Date Notified, and "Yes" or "No" for plans to attend
hearing). 0
Name Date Plan to Attend
404
01
7. Person making appeal and the following prop rty owners having property
within 200' notified: - 3-4
By Phone Notified by
Name Date or Mail (Initial)
8. The Following Board Members and interested parties were present at the
Hearing:
BOARD MEMBERS
-3 -
OTHER PARTIES:
NAME
9. Opinions and recommendations by BOARD OF APPEALS:
ADDRESS
10. For Above Recommendations Against Recommendations
11. Action by City Council and Date:
11
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 Chambers of the City Hall at 7:30 P.M.
on Wednesday, May 22, 1968, to consider the following matter:
A request for a variance of section 45.25 from
25 feet to 20 feet of rear yard and a variance
of section 45.26 from 35 feet to 34 feet of front
yard, to hermit construction of a 26' X 66' dwelling
on an 80' X 146.84' corner lot, the same being Lot 4,
Block 5., Parkview Oaks, First Addition, Anoka County,
or 1181 Lynde Drive N.E. (Northwest corner of Lynde
Drive and'Regi.s Drive) Fridley, Minnesota. (Request
by Gerald Glenn Builders, 1202 Hathaway Lane N.E.,
Fridley, Minnesota 55421.)
Anyone desiring to be heard with reference to the above matter
may be -heard at this meeting.
ROBERT E. YLINEN
CHAIRMAN
BOARD OF APPEALS
PUBLISH: MAY 8, 1968
MAY 15, 1968
OFFICIAL NOTICE
CITY OF FRIDLEY
H
TO WHOM IT MAY CONCERN:
NOTICE IS HEREBY GIVEN THAT the Board of Appeals of the City
of Fridley will meet in the Council Chambers of the City Hall at 7:30 P.M.
on Wednesday, May 22, 1968, to consider the following matter:
A request for a variance of section 45.25 from
25 feet to 20 feet of rear yard and a variance
of section 45.26 from 35 feet to 34 feet of front
yard, to permit construction of a 26, X 66' dwelling
on an 80' X 146.84' corner lot, the same being Lot 4,
Block 5, Parkview Oaks, First Addition, Anoka County,
or 1181 Lynde Drive N.E. (Northwest corner of Lynde
Drive and Regis Drive) Fridley, Minnesota. (Request
by Gerald Glenn Builders, 1202 Hathaway Lane N.E.,
Fridley, Minnesota 55421.)
Anyone desiring to be heard with reference to the above matter
may be heard at this meeting.
ROBERT E. YLINEN
CHAIRMAN
BOARD OF APPEALS
FUBLISH: MAY 8, 1968
MAY 15, 1968
of
the CouncfI Chambers of theeClty
A.1
22, 1966,pto "onsiderdthedol-
lowing matter:
A request for a variance of
section, 45.25, from 25 feet to
20 feet of rear ,yard and a vari-
ance of section 45.26 from 35
feet to 34 ,feet of front yard,
to permit constructibn of a
28' x 66' dwelling on an 80' x
146.64' corner lot, 'the same be-
t.0.r Lot 4, Block 5, parkview
CountyFior 1181�tLyndenDrive
N.F. r*r..—t__,
unve and Regis Driv)
e
Fridley, nnesota. (Request
by Gerald Glenn Builders, 1202
Hathawav Lane
N.
Fridley,
Minnesota 55421).
Anyone desiring+ to be heard
with reference to the above mat-
ter may be heard -at this meen4t
ROBERT E. YLINEN
Chairman
(May Board 15. 1968))—TC 2A
z"A the Board of Appeals of
the City of Fridley will meet is
a
the Council C1 a bera oP the City
1u� 1;pto conaiderh edfol-
lowing matter:
A , request for a variance of
section 45.25 from 25 Peet to
20 feet oP rear yard and a vari-
ance of section 45.28 from 35
feet to 34 feet of front' yard,
to permit construction oP a
28'- x- 88 dwelling _ on an 80' x
or
nyone gestrr to be heard
i reference to the above mat -
may be heard_ at this meeting.
ROBERT E. YLWEN,
(May
SPECIAL PUBLIC HEARING MEETING, MAY 13, 1968 4-a
On that job there were Unexpected delays t%;hich consequently cost more money,
however, the Council only had dealings with Keys Well Drilling, not with
Dedolph Construction Co. Since then Dedolph Construction Co�opany has
received.invitations to bid and has bid 3 times. He said his client can
meet all require,ients as to bond, insurance, etc-. If the base bid is
considered, Zuehlke is second loti•tcst bidder, but if Alternates are
considered, then he is fifth lowest bidder. There is also the time element
involved. Zuchlke Construction Company had the longest time required to
complete the job. Fie said he asks the Council to a�,ard the contra.ct•to,
his client, Earl Dedolph, and avoid litigation. Fie had previously served
Councilman Harris with an Order to Shoe, Cause and a Restraining Order.
MOTION by Councilman Harris'to turn this over to the City Attorney for
processing. Seconded by CUUncilman Samuelson. Upon a voice vote, all
voting aye, Mayor Kirkham declared the motion carried unanirnously.
Mr. Sullivan then presented the rest of the Council Members, City Attorney,
City Manger and City Engineer with an Order to Sha;•; Cause and a
Restraining Order.
RECESS: 10:45 TO 11:00 P.M.
REQUESTED BUILDING PERMIT (GERALD GLENi4 CORPORATION, TONY GNE_R_RE) 1181
LYNDE DRIVE, LOT 4, BLOCK 52 PARKVIEW! OAKS ADDITION:
Mr. Gncrre said he was attempting to secure a building permit for a home
at 1181 Lynde Drive which does not meet rear yard requirements. He said -he
had a petition from two abutting property owners stating that they were not
opposed to the set back waiver he is pursuing. He is applying for a waiver
on hack yard requirements from the Board of Appeals on May 27, 1968 and is
willing to bear full responsibility if'they deny the request. He is noir:
asking the Council to grant him a building permit with the knowledge that
if denied by the Board of Appeals, the burden of responsibility will fall
on him. He said that the back yard is about 20' from the property line
and the requirements are for 25'. He said he received no red tag, that he
was just ordered to stop work as he did not have a building permit.
PETITION #11-1968 - NO OPPOSITION TO SET BACK WAIVER AT 1181 LYNDE DRIVE
;REQUESTED BY GERALD GLENN CORPORATION:
}MOTION by Councilman Sheridan to receive Mr. Gnerre's petition from the
abutting property oiners. Seconded by CouncilmanLiebl.- Upon a voice
,vote, all voting aye, Mayor Kirkham declared the motion carried unanimously.
MOTION by Councilman Sheridan to grant Mr. Gnerre a foundation permit for
this site at 1181 Lynde Drive subject to the fact that Mr. Gnerre will be
responsible if the Board of. Appeals denies his request and the City will not
be liable. Seconded by Councilman Harris. Upon a voice vote, all Voting aye,
Mayor Kirkham declared the motion carried unanimously.
HOUSE AT 5721 REGIS DRIVE:
Mr. Gnerre was previously issued a permit for a house at this address and
the plans did not show a walk -out basement, but he went ahead and installed
a walk -out basement without getting approval.
THE MINUTES OF THE BOARD OF APPEALS MEETING OF MAY 22, 1968
The Meeting was called to order by Chairman Ylinen at 7:35 P.M.
MEMBERS PRESENT: Ylinen, Ahonen, Mittelstadt, Minish, O'Bannon
MEMBERS ABSENT: None
OTHERS PRESENT: Clarence Belisle, Building Inspector
MOTION by Mittelstadt to approve Board of Appeals minutes of May 8, 1968.
Seconded by Ahonen. Upon a voice vote, there being no nays, the motion
carried unanimously.
REQUEST FOR A SPECIAL USE PERMIT TO PERMIT CONSTRUCTION OF DOUBLE BUNGALOWS IN
AN R-1 DISTRICT AS PER SECTION 45.19 (2A), CITY CODE OF FRIDLEY, MINNESOTA 196
ON LOTS 10, 11, AND 12 BLOCK 2, RICE CREEK PLAZA SOUTH ANOKA COUNTY MINNESO
SAME BEING 6701, 6711 AND 6721 MAIN STREET NORTHEAST. REQUEST BY BERNARD R.
WOLKE 251 RICE CREEK TERRACE NORTHEAST.
Lots 10 and 11 will be used - not 12.
Chairman Ylinen relinquished his authority as Chairman and appointment of
Mittelstadt as Acting Chairman was made by Ylinen, as he has special interest
in this matter.
Ben Wolke explained his proposal for construction of two town -house like
structures, evaluating them at $40,000.00 each.
Ylinen is in favor of the construction because the light industrial zoning
across the street will not allow FHA or CI Loans for adequate buildings to
be pursued.
MOTION by Minish to close the Public Hearing. The motion carried.
MOTION by O'Bannon to accept the request for Special Use -Permit - construction
of two double bungalows to be built to plans and specifications presented to
the Board at this meeting, and because all local neighbors were represented by
Ylinen, as far as he knows, do approve of this building request.
Seconded by Minish. Upon a voice vote, there being no nays, the motion carried
unanimously.
8:00 P.M. Donald Mittelstadt dismissed himself as Acting Chairman.
2•. REQUEST FOR A SPECIAL USE PERMIT TO ALLOW A BUSINESS OFFICE TO BE BUILT AND
USED IN AN R-3 DISTRICT IN CONJUNCTION WITH AN APARTMENT BUILDING ON LOT 2,
BLOCK 1 AUS.ADDITION THE SAME BEING THE SOUTHEAST CORNER OF 77th AND EAST
RIVER ROAD OR 7691 EAST RIVER ROAD FRIDLEY MINNESOTA. REQUEST'BY ROY'
ERICKSON, 6441 UNIVERSITY AVENUE N.E.. FRIDLEY. MINNESOTA.
A
0
3•
it
BOARD OF APPEALS - MAY 22, 1968
PAGE 2
NOTION by Ahonen that in view of *the zoning of the property to the North
and since the requested useage will not in any way detract from the property
or the living conditions of the tenants of the apartment, the request be
approved.
Seconded by O'Bannon. Upon a voice vote, there being no nays, the motion
carried unanimously.
REQUEST FOR A VARIANCE OF SECTION 45.25 FROM 25 FEET TO 20 FEET -OF REAR YARI
AND A VARIANCE OF SECTION 45.26 FROM 35 FEET TO 34 FEET OF FRONT YARD, TO
PERMIT CONSTRUCTION OF A 26' X 26' DWELLING.ON AN 80' X 146.84' CORNED LOT
THE.SAME BEING LOT_4, BLOCK 5, PARKVIEW OAKS FIRST ADDITION9 ANOKA COUNTY
OR 1181 LYNDE DRIVE N.E. NORTHWEST CORNER OF LYNDE DRIVE AND REGIS DRIVE
FRIDLEY MINNESOTA. REQUEST BY GERALD GLENN BUILDERS 1202 HATHAWAY LANE
N.E. FRIDLEY MINNESOTA 21
Tony Gnerre spoke for this request.
MOTION by Minish to close the Public Hearing.
Seconded by O'Bannon. Upon a voice vote, there being no nays, the motion
carried unanimously.
MOTION by Minish to approve the variance. It was pointed out that if the
house was facing Regis Drive, the 34 foot setback on Lynde Drive need only
be 17 feet. The proposed plan presents less of a traffic hazard. No neighbors
objected and a petition has been presented to the Council, signed by neighbors
who approve the proposed plan.
Seconded by Ahonen. Upon a voice vote, there being no nays, the motion
carried unanimously.
Chairman Ylinen left at 8:30 P.M.
URST -WnR A VARIANCE OF BUILDING SETBACK REQUIREMENTS FROM 80 FEET TO 20
FEET TO THE SOUTH PROPERTY LINE, AND FROM 80 FEET
PROPERTY LINE, SECTION 45.341 AND A VARIANCE TO DELETE REQUIREMENT FOR
PLANTING STRIP AND SIDEWALK ON THE SOUTH AND WEST PROPERTY LINES, SECTION
45.342 AND A VARIANCE TO REDUCE THE REQUIRED PARKING AREA BY APPROXIMATELY
60.000 SQUARE FEET SECTION 45.343 IN ORDER TO CONSTRUCT A FRANCHISE
_ _ _ _ ---- - . _— ^ n VTrn rmnn t C
.LLrJA71hU1L211Y1 11Y n v .- ..+ ... •------- ---.
SUBDIVISION # 88, ANOKA COUNTY MINNESOTA, THE EQUESTBEING
MAX SAORTTN
CORNER OF MOORE LAKE DRIVE AND HIGHWAY 65.
c o WYMAN SMITH, 1050 BUILDERS EXCHANGE, MINNEAPOLIS, MINNESOTA
Wyman Smith appeared on behalf of the applicant. Max Saliterman, and Mr.
Jack Conant, representative of Sandee's, also appeared.
BOARD OF APPEALS - MAY 22, 1968
PAGE 3
The road through the shopping center was dedicated in the past because it
met the City's plans for a main East/West thoroughfare. Thus, the road
divides the shopping center in half.
The applicant stated objections as follows:
1. Variance from sidewalks - unfair to require this.
2. Variance from 80 foot requirement from roads - doesn't want to block
the existing tenants in shopping center. Doesn't want to put it South
of Rice Creek Boulevard because he has major plans for that area.
MOTION by Minish to close the Public Hearing.
Seconded by O'Bannon. Upon a voice vote, there being no nays, the motion
carried unanimously.
MOTION by Minish to deny variance.
Seconded by Ahonen. Upon a voice vote, there being no nays, the motion
carried unanimously.
The reason for the motion is that the Board can grant a variance only if
the.Board finds strict enforcement of the Ordinance creates a hardship that
is unusual or unique to the subject property. Considering the particular
parcel for which the variance was requested, the evidence presented by the
applicant did not show a hardship that is unusual or unique.
E6 gl I wfflg
The.Meeting adjourned at 9:25 P.M.
r.
SPECIAL PUBLIC HEARING MEETING, MAY 13, 1968 PACE 48
On that job there were unexpected delays which consequently cost more money,
however, the Council only had dealings with Keys Well Drilling, not with
Dedolph Construction Co. Since then Dedolph Construction Company has
received invitations to bid and has bid 3 times. He said his client can
meet all requirements as to bond, insurance, etc. If the base bid is '
considered, Zuehlke is second lowest bidder, but if Alternates are
considered, then he is fifth lowest bidder. There is also the time element
involved. Zuehlke Construction Company had the longest time required to
complete the job. He said he asks the Council to award the contract to
his client, Karl Dedolph, and avoid litigation. Ile had previously served
Councilman Harris with an Order to Show Cause and a Restraining Order.
MOTION by Councilman Harris to turn this over to the City Attorney for
processing. Seconded by Councilman Samuelson. Upon a voice vote, all
voting aye, Mayor Kirkham declared the motion carried unanimously.
Mr. Sullivan then presented the rest of the Council Members, City Attorney,
City Manager and City Engineer with an Order to Show Cause and a
Restraining Order.
RECESS: 10:45 TO 11:00 P.M.
REgUESTED BUILDING PERMIT (GERALD GLENN CORPORATION, TONY GNERRE) '1181
LYNDE DRIVE, LOT 4, BLOCK 5, PARKVIEW OAKS ADDITION:
Mr. Gnerre said he was attempting to secure a building permit for a home
at 1181 Lynde Drive which does not meet rear yard requirements. He said he
had a petition \�\ from two abutting property owners stating that they were not opposed to the set back waiver he is pursuing. He is applying for a waiver
on back yard requirements from the Board of Appeals on May 27, 1968 and is
willing to bear full responsibility if they deny the request. He is now
asking the Council to grant him a building permit with the knowledge that
if denied by the Board of Appeals, the burden of responsibility will fall
on him. He said that the back yard is about 20' from the property line
and the requirements are for 25'. He said he received no red .tag, that he
was just ordered to stop work as he did not have a building permit.
PETITION #11-1968 - NO OPPOSITION TO SET BACK WAIVER AT 1181 LYNDE DRIVE
REQUESTED BY GERALD GLENN CORPORATION:
MOTION by Councilman Sheridan to receive Mr. Gnerre's petition from the
abutting property owners. Seconded by Councilman Liebl. Upon a voice
vote, all voting aye, Mayor Kirkham declared the motion carried unanimously.
MOTION by Councilman Sheridan to grant Mr. Gnerre a foundation permit for
this site at 1181 Lynde Drive subject to the fact that Mr. Gnerre will be
responsible if the Board of Appeals denies his request and the City will not
be liable. Seconded by Councilman Harris. Upon a voice vote, all voting.aye,
Mayor Kirkham declared the motion carried unanimously.
HOUSE AT 5721 REGIS DRIVE:
Mr. Gnerre was previously issued a permit for a house at this address and
the plans did not show a walk -out basement, but he went ahead and'installed
a walk -out basement without getting approval.
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CITY'1.0T3 REGISTERED UNDER LAWS OF STATE OF MINNESOTA * LAKCSHORE
',-TOPOGRAPHIC Mw LICENSED .Y ORDINANCES OF CITY OF MINNEAPOLIS a� JUDICIAL _
v , 3300 LYNDALE AVE SO, MINNEAPOLIS MINN 55408
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I hereby certify that the above is a true and correct plat of a survey of:
Lot 4, Block 5, PARKVIEW OAKS FIRST ADDITION, Anoka County, Minnesota.
As surveyed by ne this 19th day of April_ 1960 A.D.
Signed
• P.i 2sota Registration :