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VAR 03.75City of Fridley AT THE TOP OF THE TWINS i COMMUNITY DEVELOPMENT DIV. r e PROTECTIVE INSPECTION SEC. r-'-A CITY HALL FRIDLEY 55432 612-560-3450 SUBJECT APPLICATION TO BOARD OF APPEALS NUMBER 910-F23 REV. 1 DATE- 3/21/75 PAGE OF 11 2 APPROVED BY 800 Name_ Address ,v�;-U %WaZ6one Legal Description Lot No. Bloc No. / / Tract or Addn. NN S6,4ev e& Ala -f I dl Variance Request(s); including stated hardships (attach plat or survey of property showing building, variances, etc., where applicable) �, S � ' y e Ar JC L % .�: 2 fi 90, fit 1,4`bq ioL'74iT ,• Date Meeting Date Fee Receipt No. Signature Comments & Recommendations by the Board of Appeals City Council Action and bate City of Fridley AT THE TOP OF THE TWINS SUBJECT APPLICATION TO BOARD OF APPEALS r COMMUNITY DEVELOPMENT DIV. 1 1 PROTECTIVE INSPECTION SEC. 1 i 1 � 1 " .1 CITY HALL FRIDLEY 55432 '.J 612-560-3450 (Staff Report) NUMBER 910-F23 REV. 1 DATE 3/21/75 NAGE OF 2 2 APPROVED by 800 Staff Comments Board members notified of meeting by List members, date notified, and "Yes" or "No" for plans to attend hearincj. Plan Name Date To Attend I Pearson making appeal and the following property owners having property within 200 .feet notified: By Whom Name Date Phone or Mail Notified Edward Fuerstenberg,5516 Regis Drive Mr. & Mrs. William Jechorek,5510 Matterhorn Dr. 0, Mr. & Mrs. David Taklo,5500 Matterhorn Drive Mr. & Mrs. Ralph Carpenter,5490 Matterhorn Drive Mr. & Mrs. Joseph Laurent,5460 Matterhorn Drive Mr. & Mrs. Clyde Benner,5430 Matterhorn Drive 1st Wisconsin Mtg. Co.8200 Normandale Blvd. 55437 Mr. & Mrs. Richard Erickson, 5525 Matterhorn Drive Mr. & Mrs. Eugene Klumb-5502 West Danube Road Mr. &Mrs. John Curtin,5498 West Danube Road Mr. & Mrs. Frank Anderson,5468 West Danube Road Mr. & Mrs. Roger Hertel,5501 West Danube Road Mr. & Mrs. Allen Messerli-5505 West Danube Road Mr. & Mrs. Lyle Christie,5535 West Danube Road CITY OF FRIDLEY, SUBJECT MINNESOTA COMMISSION APPLICATION PREVIEW COMPLETE REVIEW CHECKLIST RETURN TO. PLANNINGUE�42 ATE 2K-- Ooto- --ft-.0-00 NO/ ADDAE,1i}8 kFULETE ol Dale 0 OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE APPEALS COMMISSION TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN that the Appeals Commission of the City of Fridley will meet in the Council Chamber of the City Hall at 6431 University Avenue Northeast on Tuesday, March 14, 1978 at 7:30 P.M. to consider the following matter: A request for a variance of the Fridley City Code, Section 205.053, 4B, to reduce the side yard adjoining living area from the required 10 feet to 5 feet, to allow the construction of a dwelling and garage on Lot 11, Block 7, Innsbruck North, the same being 5505 Matterhorn Drive N.E., Fridley, Minnesota. (Request by Edward W. Fuerstenberg, 5516 Regis Drive N.E., Fridley, Minnesota 55432). Anyone who desires to be heard with reference to the above matter will be heard at this meeting. VIRGINIA SCHNABEL CHAIRWOMAN APPEALS COMMISSION Note: The Appeals Commission will have the final action on this request, unless there are objections from surrounding neighborb. the City Staff, or the petitioner does not agree with the Commission's decision. If any of these events occur, the request will continue to the City Council through the Planning Commission with only a recommendation from the Appeals Commission. Item #8, March 14, 1978 ADMINISTRATIVE STAFF REPORT 5505 Matterhorn Drive N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.053, 4, B,1, requiring a 10 foot side yard setback for living area in an R-1 zone. Public purpose served by this section of the code is to maintain a a minimum of 20 feet between living areas in adjacent structures and 15 feet between garage and living areas in adjacent strutres, to reduce the exposure to conflagration of fire. Also to allow aesthetically pleasing open areas around residential structures. B. .STATED HARDSHIP: House as designed doesn't fit the lot. C. ADMINISTRATIVE STAFF REVIEW: The Jot is below street level with.several yards of fill. The house to the north is under construction, and will be 10 feet from the common property line. The lot to the south is vacant. House plans and lot survey are not available at this writing. Item #8, March 14, 1978 ADMINISTRATIVE STAFF REPORT 5505 Matterhorn Drive N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.053, 4, B,1, requiring a 10 foot side yard setback for living area in an R-1 zone. Public purpose served by this section of the code is to maintain a a minimum of 20 feet between living areas in adjacent structures and 15 feet between garage and living areas in adjacent strutres, to reduce the exposure to conflagration of fire. Also to allow aesthetically pleasing open areas around residential structures. B. STATED HARDSHIP: House as designed doesn't fit the lot. C. ADMINISTRATIVE STAFF REVIEW: The lot is below street level with several yards of fill. The house to the north is under construction, and will be 10 feet from the common property line. The lot to the south is vacant. House plans and lot survey are not available at this writing. V 0 J APPEALS COMMISSION MEETING - MARCH 141 1978 Page 21 MOTION by Mr. Kemper, seconded by Mr. Plemel, to close the Public Hearing. Upon a voice vote, all voting aye, the motion carried unanimously. The Public Hearing was closed at 10:51 P -M Chairperson Schnabel said that her main concern was that no outside business be conducted from that garage area - .MOTION by Mr. Plemel, seconded by Mr. Barna, that the Appeals Commission approve the request for variances of the Fridley City Code as follows: Section 205.053,4,A, to reduce the required front yard setback from 35 feet to 24.25 feet; Section 205.053,4,C, to reduce the rear yard setback from the required 33 feet to 28 feet; to allow the construction of a dwelling and garage on Lots 1 and 2, Block 13, Plymouth Addition, the same being 4560 2nd Street NE, Fridley, MN. UPON A VOICE VOTE, all voting aye, the motion carried unanimously. Chairperson Schnabel explained that the requests had been approved and Mr. Powers could apply for his Building Permit.' 8. REQUEST FOR VARIANCE OF FRIDLEY CITY CODE, SECTION 205.053,4,B, TO REDUCE THE SIDE YARD ADJOINING LIVING AREA, FROM THE REQUIRED 10 FEET TQ 5--F.EJ-T, TO ALLOW THE CONSTRUCTION OF A DWELLING AND ON LOT 11.1 7, INNSBRUCK NORTH, THE SAME BEING (` 5505 MATTERHORN DRIVE NE, FRIDLEY, MN. -[REQUEST BY 5516 REGIS DRIVE NE, FRIDLEY, MN 554321. MOTION by Mr. Barna, seconded by Mr. Plemel, to open the Public Hearing Upon a voice vote, all voting aye, the motion carried unanimously. The Public Hearing was opened at 10:53 P.M. ADMINISTRATIVE STAFF REPORT A. PUBLIC PURPOSE. SERVED BY REQUIREMENT: Section 205.053,4,B,1, requiring a 10 foot side yard setback for living area in an R-1 zone. Public purpose served by this section of the code is to maintain a minimum of 20 feet between living areas in adjacent structures and 15 feet between garage and living areas in adjacent.structures, to reduce the exposure to conflagration of fire. Also to allow aesthetically pleasing open areas around residential structures. 1 1 kLil_„I�i APPEALS COMMISSION MEETING - MARCH 14, 1978 Pa a 22 - 9 B. STATED HARDSHIP: House as designed doesn't fit the lot. C• ADMINISTRATIVE STAFF REVIEW: The lot is below street level with several yards of fill. The house to the north is under construction, and will be ten feet from the common property line. The lot to the South is vacant. House plans and lot survey are not available at this writing. Mr. Moravetz said that since there wasn't a real hardship, Staff wanted to see the size of the proposed house reduced, thereby negating the.necessity of the variance. He said that if the house was to be built, Staff suggested crowding the South line of the property because the property South of this lot was also owned by Mr. Fuerstenberg and he planned to build a house for his private occupancy on that lot. Mr. Moravetz said that the Building Inspector may require soil borings. Mr. Fuerstenberg said that he had already agreed to place the house to the South of the property. He said that he knew he could build a two-story house on that lot. without obtaining any variances, but he felt that the proposed house would look better on that lot. Mr. Fuerstenberg had house plans and lot survey at the meeting. Mr..Eugene Klumb of 5502 West Danube and Mr. Roger Hertel of 5501 West Danube were at the meeting regarding this item. Mr. Klumb said that Mr. Fuerstenberg's house plans called for an overly large overhang. He didn't like it at all. Mr. Fuerstenberg said that he felt it would be a very attractive house that wouldn't take away from the area. Mr. Klumb wanted to know what would be done about the "hole" to the rear of the property. Mr. Kemper asked how much of the rear yard would be useable area. Mr. Fuerstenberg explained on the drawing the exact useable space on the lot. He said that the culvert divided the properties in the rear- He said that actually very little of the culvert was located on the lot in question. He said that most of the lot's rear yard would be filled in and compacted. Mr. Hertel said that he thought the house planned for the lot was nice; but he didn't feel that the neighborhood should be compromised. He said that he was aware of the lot and of the.codes. He felt that Mr. Fuerstenberg should stay within the codes and not be granted any variances. He said that the house should be built to fit the lot and not vary the lot to fit the house. APPEALS COMMISSION MEETING - MARCH 141 1978 Page 23 Mr. Kemper explained that if Mr. Fuerstenberg built a two-story house, he would be able to utilize the exact space on the lot. He said that the code required a ten -foot side yard setback for living areas; but that the code only required five foot side yard setback between garage and living areas in adjacent structures. He said that Mr. Fuerstenberg needed the variance because he planned to build a tuck -under garage, which would have living space over it. Mr. Kemper said that Mr. Fuerstenberg having to build a different house would not help the open space subject in the area. Mr. Hertel said that Mr. Fuerstenberg could also re -scale the present proposed house. Mr. Fuerstenberg said that he wouldn't re -scale the house plans. Chairperson Schnabel asked if Mr. Fuerstenberg was building the house for resale. Mr. Fuersterberg said that he would build the house and live in it while he builds the house to the South of the property. He said when the second house was completed, he would sell the first house and move into the second house. Mr. Kemper asked about the culvert to the rear of the. property. Mr. Fuerstenberg said that the filling of that culvert would have to be a neighborhood joint effort. He did hope that it would remain open area, however. Chairperson Schnabel indicated that if the variance Was granted, that when Mr. Fuerstenberg built the next dwelling on the South property he would have to stay ten feet from the property line with the garage or else maintain 20 feet if he planned to have living space adjoining the lot. Mr. Fuerstenberg said that he was sure he would build a different style of house on the South property. Mr. Hertel wanted Mr. Fuerstenberg to have to abide by the codes like everyone else- Mr. Klumb said that the City was wrong to even set up codes, if they didn't expect people to stay within them. Mr. Hertel said that he objected to the request because he didn't like the neighborhood to appear crowded. He said it would be aesthetically pleasing to the neighborhood if there was larger spaces maintained between dwellings. APPEALS COMMISSION MEETING -.MARCH 14, 1978 Page 24 Y \Mr. Klumb said that contractors should design houses to fit the lot, and not change the lot to fit the house. He said that allowing all the variances was beginning to give the neighborhood .a crowded look. Mr. Hertel said that Mr. Fuerstenberg knew what the codes were when he bought the property. Chairperson Schnabel explained that the item would have to go to�City Council on April 3, 1978. Mr. Fuerstenberg couldn't see any reason not to grant the variance. He said that either way there would be a house on that lot taking up the same amount of space. He felt that the tuck -under style house was better for the particular lot. MOTION by Mr. Barna, seconded by Mr. Kemper, to close the Public Hearing. Upon a voice vote, all voting aye, the motion carried unanimously. The Public Hearing was closed at 11:18 P.M. Mr. Kemper said that since there were neighbors objecting to the requests, and the house could be designed to fit the lot, he was not in a position to approve the request. Mr. Barna was not in favor of the request for the same reasons. Mr. Plemel didn't feel that the request was that serious of a nature. He said that it was an expensive lot and an expensive, attractive house was being proposed. He felt that the variance should be granted. Mr. Kemper said that if there hadn't been neighbors objecting, he Mould have felt differently. He said he was against it for their stated objections. MOTION by Mr. Kemper, seconded by Mr. Barna, that the Appeals Commission recommend denial of the request for variance of Fridley City Code, Section 205.053,4,8, to reduce the side yard living area, from the required 10 feet to five feet, to allow the construction of a dwelling and garage on Lot 11, Block 7, Innsbruck North, the same being 5505 Matterhorn Drive NE, Fridley, MN. Chairperson Schnabel said that she was in agreement that the request should be denied because there was no valid hardship. UPON A VOICE VOTE, Mr. Kemper, Ms. Schnabel and Mr. Barna voting aye; Mr. Plemel voting nay; the motion carried. MA ri L59N09N/ CITY OF FRIDLEY 6431 UNIVERSITY AVENUE N,E., FRIDLEY, MINNESOTA 55432 Mr. Edward W. Fuerstenberg 5516 Regis Drive NE Fridley, M 55432 July 28th, 1976 Earth FillAng Operations - Dots 11, 12; Block Addition Dear Nt. Fuerstenberg: TELEPHONE ( 612)571-3450 7 Irnzsbr'uck North 1st As we discussed early this morning, you have been ordered to cease and desist all filling operations on the above referenced lots, effective immediately. It has been brought to our attention and confirmed by an onsite inspection by city forces on July 23rd, and again on July 26th, 1976 that the material being dumped is totally unacceptable for use as foundation material in bringing these existing low lots up to adjacent street elevations. Our inspections revealed items such as discarded tires, cans, bottles, tree stumps and branches, roadway demolitions, and other organic, de- composable and putrefactive material that can legally only be disposed of at anauthorized sanitation landfill. In addition to this stop work order, it is imperative that any and all material that does not fall under the classification of clean fill as defined by the Anoka Comprehensive Health Code, be removed from the site and disposed of properly. This clean up work must be completed to the satisfaction of the city before any additional fill will be allowed to be placed on these lots. Should this required work fail to be complied with by August 16th, 1976" the city will contract such work as necessary and file for payment under the existing.maintenance bond no. 23-93-1468. If and when your filling permit is reinstated,'you will be required to supply a reliable inspector on the site at all times during active filling operations. Also, to insure added control over unauthorized dumping on these lots, it is strongly recommended that barricades or fencing be in- stalled or erected whenever the inspector is not on the premises. In addition, because of the nature of and the manner in ivbich the material has been placed, the city will require soil density tests on these two lots before ahy building permit will be issued. If sufficient density and compaction results are not met, it is possible that pilings may be required. ' Ltr. Mr. Edward W. Fuerstenberg Page -2- Your cooperation and compliance in the above mentioned items will be greatly appreciated. Should you have any questions regarding the type of material allowed, please contact either Mr. Steve Olson, Fridley Environmental Officer, or myself. Sincerely, Thomas A. Colbert Assistant City Engineer TAC%grs Certified Mail cf V I ? A i"i `LIQ M 6431 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA 55432 TELEPHONE ( 612)571-3450 July 28th, 1976 Nlr. Edward W. Fuerstenberg 55.16 Regis Drive NE Fridley, MN 55432 - Earth Fil ing Operations -Lots 11, 12; Block 7 Innsbruck 1Wrth lst Addition Dear Mr. Fuerstenberg: As we discussed early this morning, you have been ordered to cease and desist all filling operations on the above referenced lots, effective immediately. It has been brought to our attention and confirmed by an onsite inspection by city forces on July 23rd, and again on July 26th, 1976, that the material being dumped is totally unacceptable for use as foundation material in bringing these existing low lots up to adjacent street elevations. Our inspections revealed items such as discarded tires, cans, bottles, tree stumps and branches, roadway demolitions, and other organic, de- composable and putrefactive material that can legally only be disposed of at an authorized sanitation landfill. In addition to this stop work order, it is imperative that any and all material that does not fall under the classification of clean fill as defined by the Anoka Comprehensive Health Code, be removed from the site and disposed of properly. This clean up work must be completed to the satisfaction of the city before any additional fill will be allowed to be placed on these lots. Should this required work fail to be complied with by August 16th, 1976, the city will contract such work as necessary and file for payment under the existing maintenance bond no. 23-93-1468. If and when your filling permit is reinstated, you will be required to supply a reliable inspector on the site at all times during active filling operations. Also, to insure added control over unauthorized dumping on these lots, it is strongly recommended that barricades or fencing be in- stalled or erected whenever the inspector is not on the premises. In addition, because of the nature of and the manner in wldch the material has been placed, the city will require soil density tests on these two lots before any building permit will be issued. If sufficient density and compaction results are not met, it is possible that pilings may be required. t Ltr. Mr. Edward N. Euerstenberg Page -2- Your cooperation and compliance in the above mentioned items will be greatly appreciated. Should you have any questions regarding the type of material allowed, please contact either Mr. Steve Olson, Fridley Environmental Officer, or myself. Sincerely, Thomas A. Colbert Assistant City Engineer - TAC/grs .Certified Mail 8431 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA 65432 X. , August 16, 1976 Mr. Edward W. Fuerstenberg 5516 Regis Drive NE Fridley, MN 55432 TELEPHONE ( 6121571-345Q Re: Earth Filling Operations; Lots 11, 12, Block 7, Innsbruck North First Addition Dear Mr. Fuerstenberg: In a letter dated July 28, 1976, you were ordered to cease your filling operations on the above referenced lots due to the unsuit- able nature of the fill material. You were informed that your land alternation permit was withdrawn until the unsatisfactory material was removed and that an inspection would take place on August 16th to determine the status of your corrective work. We have reviewed the site today and although we have no documentation that the required corrective work has been complied with, the visual scope of our inspection did not indicate any unsatisfactory material to be present. Therefore, your permit is being reinstated contingent upon -the addi- tional stipulations: I. When transferring material from Lot 12 to Lot 11, any and all unsuitable and unsatisfactory material encountered must be removed and properly disposed of. 2. When filling Lot 11 with the material from Lot 12, it must be compacted in 12-18 inch lifts using standard compaction efforts. 3. Since Lot 12 was not filled using the method outlined above, all the material must be removed and replaced using standard compactive efforts in 12-18 inch lifts. This reinstatement of your permit does not imply that the existing condition of the above referenced lots meets the approval of the City. Q�.10vuT1%e l7 ,�2 M � =2 b��T8.19761 Mr. E.W. Fuerstenberg -2- 8/16/76 It still remains your responsibility to ensure that the proper materials and methods are adhered to. City forces will be per- forming periodic inspections in the future to ensure compliance with all stipulations. Should you have any questions regarding this letter, please contact Me. Sincerely, Thomas A. Colbert, P.E. Assistant City Engineer TAC/jm S 24, ary OF FR/DLEY � R • Zxx ®, G 5505 Matterhorn Dr. 24 �� " r i '_ �. ..: `• _" SEC. YI • 4• ww P ° � `I a � ° rl e a w•(/p�,"�g, Qsa. F'.. 1 E ,P, J e ...._ �. ft ER15� a "a r ° g ° 9 r • s � ♦ e , 4 t 4 � t •� a o- rr.7. 1r.. �°p�„,1 a � � -LY NDE DRIVE �� . , � .!J`/' �. ° °AD�/eT/ lel, � . � a t , = R•f•� ruin.. � ♦A yr � � gZ. � _ _i. r• _ /I_ - .0 , e ) t � r �e� r •a. priTfTtw w ;i0 ,✓' ` f°,T 4 �i' i3. 3 °e riai :- �.. o� •aa 'a K 1; . c -•a ° -4 s L 4 ; �EGISfRRfi 8 Q,•. , f Cb r 1 t ` `�',r�s p{° `i 1 at•, .. Pp �k p ?w \ e 6 ° fA IN (/lr.,+J •' 7 i 1 r s N6s°� 9 G— _ ------ `dA -� 0.I%I 42 r'� ACRS �/E/6HT 'u.A n.'i'cwsF.n., I •: , '° log. c s 1 r ` Ptp. qi R ' �.nn dl vy m• -------- d Y NiQ 694 1 jf�rrl i y r S7A7E:7— -H'G'I—WW4A--%Yo L-44-0-- 00 v PNs \ ti—WOOD COURT SU �F L T lug r laol , t . , ° N r+ .t�• s • 1 , 1,° p -e ° wr - .. 4 . _..._ -.dam• q s 0 LANE w-!� *._»t — V '`�► •-ao'^ - .._--�� • <_ I SKYWOOD LRIE �/ ��.•� . • �'. ' ni/". •' l 1 r ° a , ° ag ° .fi=t 1 ` �:Eer °� .r� �;, w�', ° ge Na'• -?at� �_, �. _ 6 QDi:-f� '` � � -i_ a Jit �S �•t " �/}pIV„..r �++. �” �z ��� 9s'g1-.r� t 4 _4.. _.L t 'r _ _ J°.n.I °r / _ • i °_..r..r_� - rr a� , ` ' �• a' 1 9 •' 92 •'7• 25 ��V r7+�G 2 .�� •fit 14 86� °9'4�n` � 27 �V 26 { f i .. .-�. .a ir. .`Ji ': ..`44}. -Si. . sw?<:iWi ad+i` M'•�..Ca. _ �C1'1� ... '4"::ic _ , . �s o� stare /ARM PETER R. BYRNES, Agent ® Auto - .Life - Health - Home and Business I 41 1 .4y i ' r 1401 Silver Lake Road New Brighton, Minnesota 55112 Phone: Off. 633-1646 Res. 633-0737 For C ity Use Only) Application No. LAP - Date: ?, CITY OF FRIDLEY ENGINEERING DEPARTMENT APPLICATION AND PERMIT FOR EXCAVATING, GRADING OR ALTERATION OF CONTOUR PURSUANT TO ORDINANCE NO. 80 A. NAMES, ADDRESSES AND TELEPHONE NUMBERS CF APPLICANTS: B. LEGAL DESCRIPTION OF LAND: _�yoSJ i,i /J me -e ej C. NATURE OF PROPOSED ALTERATION: D. PROPOSED STARTING AND COMPLETION DATES: 77 E. E. WORK TO BE DONE BY: F. NAMES OF ALL THE MMERS OF THE LAND AND INDIVIDUALS OR FIRMS HAVING A PROPRIETARY INTEREST IN THE LAND TO BE ALTERED: This application mustr be signed by those listed here) G. NAMES AND ADDRESSES OF ALL OWNERS AND OCCUPANTS OF THE ADJOINING LAND THAT MAY Jl BE AFFECTED BY SAID LAND ALTERATION: H. DATA ATTACHED FOR: Items and as required by Ordinance as follows: Signature ^Signature Signature Type or Prin Name or Print Name Type or Print Name Fee: X5.00 Rctd: By Topo OKtd By Bond: $ or Certified Check: Re?d: By Drainage OK'd By Rcld: By Cover 0K1d By Permit Issued on: Authorized By: City Engineer CITY OF FRIDLEY 6431 UNIVERSITY AVENUE N. -E., FRIDLEY, MINNESOTA 65432 TELEPHONE (612)571'-3450 April 18, 1978 CITY COUNCIL ACTION TAKEN NOTICE J. Fuerstenberg js Drive N.E. , Mn 55432 Dear Mr. Fuerstenberg,. le Re: Variance request for 5505 Matterhorn Drive On April 3, 1978 , the Fridley City Council officially your request. for a variance, on grounds no hardship shown. with the stipulations listed below. Please review the noted stipulations,.sign the statement below, and return one copy to the City of Fridley. If you have any questions regarding the above action, please call the Community Development Office at 571-3450. JLB/de Stipulations• ely, RROLD L. BOA D N CITY PLAN�dER Concur with action taken. . • J�_+c} � � �� m tr_.'_a�J meq„" R7 F'�'�' � 6431 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA 55432 TELEPHONE ( 612)571-3450 June 22, 1977 Mr. Edward W. Fuerstenberg 5516 Regis Drive, NE Fridley, MN 55432 Dear Mr. Fuerstenberg: SUBJECT: DUMPING OPERATIONS ON LOTS 11 AND 12, BLOCK 7, INNSBRUCK NORTH IST ADDITION ° Enclosed is a copy of the correspondence from Mr. Thomas A. Colbert, Fridley Assistant City Engineer, dated July 28, 1976. The letter requested your cooperation and compliance with the various health codes and city requirements relating to your dumping operations. 11r. Colbert recommended fencing or an onsite inspector to eliminate the illegal deposits of material on the above referenced lots. Recent inspections made by the city have found illegal dumping had been resumed. We, therefore, require a fence be instalU p- an.onsite inspector be hired. If this requirement is not met by 27, 19779 • the City of Fridley will render a stop -work order to cease and desist all filling operations on these lots. The city recognizes that the above required alternatives will give you effective control of materials deposited on your property. It should also be mentioned that all maintenance and liability of material found on city streets as a result of the filling operations, will be your responsibility. Yourfull cooperation in meeting the requirement deadline is being anti- cipated. Thank you for your prompt action in this matter. Sincerely, CITY OF FRIDLEY n Cly? V. iloravetz Engineering Division CVM/grs Enclosure CITMO ji of IDLELrs 11 6431 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA 55432 TELEPHONE (612)571-3450 July 28th, 1976 W. Edward W. Fuerstenberg 5516 Regis Drive NE Fridley, MN 55432 Earth FiTng Operations - Lots 11, 12; Block V7IMabruck North 1st Addition Dear W. Fuerstenberg: As we discussed early this morning, you have been ordered to cease and desist all filling operations on the above referenced lots, effective immediately. It has been brought to our attention and confirmed by an onsite inspection by city forces on July 23rd, and again on July 26th, 1976 -that the material being dumped is totally unacceptable for use as foundation material in bringing these existing low lots up to adjacent street elevations. Our inspections revealed items such as discarded tires, cans, bottles, tree stumps and branches, roadway demolitions', and other organic, de- composable and putrefactive material that can legally only be disposed of at an authorized sanitation landfill. In addition to this stop work order, it is imperative that any and all material that does not fall under the classification of clean fill as defined by the Anoka Comprehensive Health Code, be removed from the site and disposed of properly. This clean up work must be completed to the satisfaction of the city before any additional fill will be allowed to be placed on these lots. Should this required work fail to be complied with by August 16th, 1976, the city will contract such work as necessary and file for payment under the existing maintenance bond no.. 23-93-1468. If and when your filling permit is reinstated, you will'be required to supply a reliable inspector on the site at all times during active filling operations. Also, to insure added control over unauthorized dumping on these lots, it is strongly recommended that barricades or fencing be in- stalled or erected whenever the inspector isnot on the premises. In addition, because of the nature of and the manner in which the material has been placed, the city will require soil density tests on these two lots before any building permit will be issued. If sufficient density and compaction results are not met, it possible that pilings may be required. F Ltr. Pyr. Edward N. Fuerstenberg Page -2- Your cooperation and compliance in the above mentioned items will be greatly appreciated. Should you have any questions regarding the type of material allowed, please contact either Mr. Steve Olson, Fridley Environmental Officer, or myself. Sincerely, Thomas A. Colbert Assistant City Engineer TAC/grs Certified Mail . CITY OF FRIDLE`f APPLICATION FOR LAND ALTERATION/MINING PERMIT (Ref. CHAPTER 212) 1. APPLICANT: Edward -W. Fuerstenberg Address: SS16. Regis Dr i va Tel. No. Fridley, MN 55432 574-0036- 2. 74-00362. PROPERTY OIVER(S) : Same Addresses: - __..._._..Tel. No. RECEIPT # DATE: FEE: $ 78,00 3. LEGAL DESCRIPTION. OF PROPERTY TO BE ALTERED OR MINED: Lots 11 & 12, Block 7, Innsbruck North 1st Addn. 5505 & 5501 Matterhord Drive respectively 4. NATURE OF LAND ALTERATION/MINING OPERATION (Brief description of what is to be done): Soil corrective work for single family home construction 5. PROPOSED STARTING .DATE: Sept. 5, 1978 COMPLETION DATE: Jan. 1, 1979 6. ATTACHMENTS (Information Needed to Properly Evaluate Application); The following plans, drawings, calculations, bolds;' and/or statements will be required by the•Public Works Department. n• Half section map or sketch of property sho•,aing all adjacent property indicating the'existing buildings and/or structures. x] Grading plan showing existing and "proposed finished contours and elevations: See attached'-:pl'an Drainage plan showing all existing'{and propdbed,:.dra nage .structures, stabilization walls or-cribbing;""dams,. or other protective items. Calculations for and approximate quantities of excavation and/or fill .a required. , ��--' Signed statement from the property owner accepting responsibility for, I_ J the operation and.granting permission for land alteration/mining operatioA.. �. Statement to be' attachedl -to ;deed aclZ36ssng of_,'pptential need` for sol], L.1 tests prior to-' anv construction, on `lots where fadditi6Aal fill material has been placed. aOther: Soil dens'i ty tests will be required upon completion of •>the single family residences. • � , .. :.. ... . r .. -. - . � J ... .. s � ... _' - r i ..... • n='t'.F�1 1iei^�j„,,. - .2 c�;.w�.:..`'Tt . d... ....-� —+`= Application For Land Alteration/ Mining Permit Page 2 7. STIPULATIONS - READ BEFORE. SIGNING APPLICATION:._ a. A surety bond or certified check in the amount of $ 1,000 must be submitted after approval of application and prior to any work commencing. This bond or check is to ensure satisfactory performance -and compliance - with the below stated stipulations. The surety bond or.check shall bre kept active until the completion -of work and/or`expiration-of permit and can only be.released by written notification of,.the.CIty?-;after a „ satisfactory -final inspection has been performed by. City forces. b. All access and street -frontage of the -land alteration/mining site must be controlled by a f ence, a minimum of four (4) feet in height..:. All. entrances must have gates that are capable of being locked., c. Only rock, sand, gravel, dirt, or similar natural earth fill is permitted. No concrete, asphalt, or demolition wastes will be permitted as fill unless a:demolition landfill permit is first obtained from Anoka . County . d. Operations shall be limited to daylight hours and shall not interfere with the health and safety of surrounding residents and the premises shall be maintained at all times so as not to create a nuisance. e. Any explosives used -must be done so in accordance with Chapter 212.3 paragraphs d, -e, f and g, of the Fridley City Code (see attached) -and any other applicable standards, e.g. Federal,'State, industrial,etc..- f. At the end of each season's operations and no later than the last day of December of each year, the site is to be left in a neat and orderly condition, with maximum slopes of 2:1 with no overhang or vertical banks and with a level bottom. g. On the Friday of each work week, or when required by the City, material from this d.peration that is found to exist on City. streets shall be cleaned to the City's satisfaction by the applicant. h. Upon completion of land alteration/mining operations, the land must be left according to the plans and contours submitted with this application and planted with suitable vegetation to prevent erosion. i. Upon completion,of lapd alteration/mining operations or expiration of this permit, an inspection by the City will be made of the premises and adjoining streets. Any damage found to have been caused by these operations will be corrected by the applicant upon notification by the City. Applicant's Signature: / Date: Property Owners Signature: Date: Recommended APPROVED BY: PERiIIT EXPIF Date: Date: `a -. 6431 University A% Fridley, Minnesota RECEIVED 4� ��ADQRESS_ EOR R+:adn"a FUI _ r l r - 1 { . CERTIFICATE OF INSURANCE This is to certify that STATE FARM FIRE AND CASUALTY ,COMPANY, Bloomington, Illinois STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois has in force for MMKI W_ FUERSTEN13ERG DIBIA KING IS BRIAN CONSTRUCTION COMPANY Name of Policyholder 5516 REGIS DRIVE Address of Policyholder FRIDLEY. MINNESOTA 55432 location of operations the following coverage. POLICY NUMBER for the -periods and limits indicated below. TYPE OF INSURANCE POLICY PERIOD (eff./exp.) LIMITS OF LIABILITY Comprehensive ❑ General Liability ❑ Dual Limits for: BODILY INJURY ❑ Manufacturers' and Each Occurrence $ Contractors' Liability Aggregate $ ❑Owners', Landlords' and PROPERTY DAMAGE Tenants' Liability The above insurance includes ❑ PRODUCTS - COMPLETED OPERATIONS Each Occurrence $ (applicable if indicated by ®► Aggregate* $ ❑ OWNERS' OR CONTRACTORS' PROTECTIVE LIABILITY ❑ Combined Single Limit for: BODILY INJURY AND PROPERTY DAMAGE ❑CONTRACTUAL LIABILITY Each Occurrence $ Aggregate $ POLICY NUMBER TYPE OF INSURANCE POLICY PERIOD (eff./exp.) CONTRACTUAL LIABILITY LIMITS different than above) BODILY INJURY Each Occurrence $ PROPERTY DAMAGE Watercraft(If ❑ Liability 93 093-1468 (BOND) License OT 5/27/78-5/27/79 Permit Construe Each Occurrence $ Bond ❑ Aggregate $ Workmen's Compensation Coverage A STATUTORY ❑Coverage A Employer's Liability Coverage B $ Coverage B `Aggregate not applicable if Owners', Landlords' and Tenants' Liability Insurance excludes structural alterations, new construction or demolition THIS CERTIFICATE OF INSURANCE NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS, EXTENDS OR ALTERS THE COVERAGE AFFORDED BY ANY POLICY DESCRIBED HEREIN. F F6-994.4 va a Y.B.M NAME AND ADDRESS OF PARTY TO WHOM CERTIFICATE IS ISSUED CITY OF FRIDLEY 6431 UNIVERSITY AVE N.E. FRIDLEY, MINNESO TA 55432 (JAAW C.fiYOF FRIDLEY FRIDLEY MUNICIPAL CENTER - 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 - (612) 571-3450 - FAX (612) 571-1287 October 26, 1995 Edward Fuerstenberg 5505 Matterhorn Drive Fridley, MN 55432 RE: Land Alteration Permit/Lot 12, Block 7, Insbrook North Dear Mr. Fuerstenberg: It has recently been observed that a considerable amount of land alteration/0 is occurring on the above referenced property. The purpose of this letter is to inform you of the City of Fridley's land alteration requirements and ask for your compliance. In the City of Fridley, land alteration of this nature is not allowed uless a permit has been issued. The purpose of a land alteration permit is to insure that there is minimal environmental impact to the adjacent properties and surrounding neighborhood. Hit is determined that the proposed land alteration will be detrimental to the adjacent neighbors or neighborhood, corrective action will be required. In no case can land alteration begin without the required permit. Enclosed is a City of Fridley land alteration permit application. To complete the application, please contact Jon Wilczek, Assistant City Engineer at 572-3551. Certain plans, drawings, calculations and/or statements may be required depending on the individual project circumstances. The completed permit will include information on work already in progress and work that has yet to be done. Corrective action may be required if circumstances require it. Please feel free to contact Code Administration at 572-3595 if I can be of any further assistance. Thank you for your cooperation. Sincerely, C 7y F FR LEY Kurihneider Code Administrator KSfje/CE-95-294/fuersten cc: William Burns, City Manager Jon Wilcek, Assistant Engineer