SP-1968it ; 1,
APPLICATION TO THE BOARri OF APPEALS A D .CITY COUNCIL
FOR SPLCM USE PERMIT,.VARIANCE IN REQUIREMNTS OF
CEATAZN ORDINANCES OF TWE CITY OF FRIDid
(Applicant to complete items 1, 2, 3)
1. Name and Address of Applicant
.P o A /!
2. Legal Description of Property (ileo genera `I location, such as;"north
east co r er of 64th Avenue and 5th Street" or1/ Inn6415nFifth Street")
0, //, cv-
3. Describe the variance requested: (Attach Piat lir Survey of Property
showing location of proposed building, etc,$ also adjoining properties
and ownership with 2001 of said property.)
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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.)
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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.)
0
5. Notice of Hearing ap e
dates: - fS - el
(must be at least once
attached).
0
- 2 -
ial Newspap r on the following
/4 -
re meeting -- copy of notice to
6. Board Members aotified of meeting by^„GZ _ - 3 -
(List Members, Date Notified, and "Yes" or "No" for plans to attend
hearing). A
Name
D—'II
Plan to Attend
7. Person making appeal and he following property owners having property
within 200' notified; "
3 -6 By Phone Notified by
Name Date or Mail (Initial)
8. The Following Board Members and interested parties were present at the
Hearing;
BOARD MEMBERS
6 � �
OTHER PARTIES:
NAME
9. Opinions and
a
- 3 -
by BOARD OF APPEALS:
ADDRESS
.t/ V. ..i.. i
10. For Above Recommendations Against Recommendations
11. Actii by City Council and Date:
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Page. 314,
they would have to hold a public hearing in order to*deny the
regtaeeto Councilman Sheridan exp aired this basically a razoning
request. Mr. Baht zor ua3 present to speak in favor of the res -
quest and stated they would to just rezoning the one lot. Council—
man Sheridan replied this was what thoy haddanied in many other
cases bacause it was spot zoning and the main reason for the
Council having initiatod an ordhii zee in this regard, Mrs. B,al thazor
inquired if the City Council ~cashed them to 'wild two houses and
spoil the entire black. CouncilriLan eight replied this 'vas not
the reason' for the public hearing,. It was f irther state=d by 1 r.
Balthazar no one in the neighborhood had objected to the request
for the double bwnaalow. MDyor Nee exp?:ained thoir problem was
that the ordinance was clear and did call for a public beading.
The City %anager suggested to the City Counc31 their action -hen
would be to ret a public nae ing and the following two items for
the next Council �?eeiing and they could hold. Vacra with proper
legal publication.
Abtion by Sheridan to sat a public hearing for the noxt regular
meating there can be legal mice with regard to a Special Usa
Permit re(Tnast for a doubles 'bungalow at 1356 H igh vas, #100 —
George Bal.thazo . Seconded by Klrkhan. Upon a voico Vatee there
being no nn:y s, the motion cab���.e d unanimously.
REV ME,1 OF DOA .�
Mayor s}as annourcad for r a acil. co-azidara',;ion a request f'oz a
special use p-erm.t for Ocubl o ngalowa at 67012 6712 and 672
Fain Streat N. E., by s"..e_'?ard
Motion by to set a public hsaring for t1he net reZ123.;9r
r-soting there can be leg8l notica with ra and to 9 Spacial U-10
Permit roquas v for ecub e b?mx?5alow s at 6101; 6711 ani 672
Street Northeast by Dornard Wol.ksa Sen-onde by Shsrida . Upon,
a voice vols, thero 'Dain;; no P.�Vys, the motion c:,, r ied livenimoavly.
RF,,V i OF B_OA:�B q OF _ r PEA LS RF �C',:: � Vit) r3�i N PMS?Er IAI,, U--PTIELAID'
FOR DiO NIP,e e�'`'.ul "A IL........e„ "Tela:a .An 7,30.a0�VAN , _K -s _:N ST �y. �'
Mayor 'sae anno-unced for Council eons3deration s request for S
special use permit for a doubly turirp-ilory at 7:700 Vara Buren Street
Forth.ast by Nx. Al Wllliami and 3Uated action should be r?�>pyndaa:'s.
upon 11r. Wi-Iliam-a o L•sizh to pug: stun th3 item,
Notion by Nirklh: ,r-, to say, a public hzaring for the next re ular
mostinv th'sra can 1:�3 leg.91 not: c--.) with regard to a Special USO
Permit regi3ast for a doable bung -a ow at 7300 'J -nn F''1?'t3n St eat
Kortheast by P.L m A-1 Williams i? :1e chooses '%a pur6ue the request.
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 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 1963 on Lots 10, 11,
and 12, Block 2, Rice Creek Plaza South,
Anoka County, Minnesota, same being 6701,
6711, and 6721 Main Street Northeast.
(Request by Bernard R. Wolke, 251 Rice Creek
Terrace Northeast.)
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
PUBLICHEARING
BEFORE :E
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 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 1963 on Lots 10, 11,
and 12, Block 2, Rice Creek Plaza South,
Anoka County, Minnesota, same being 6701,
6711, and 6721 Main Street Northeast.
(Request by Bernard R. Wolke, 251 Rice Creek
Terrace Northeast.)
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
TO WHOA2 xT 1►AAy CONCERN: `
NOTICE IS HEREBY GIVEN
that the Boardof Appeals' of the
City of Fridley will meet in tthe
Council Chambers of the City E�all
at 7:30 p.m. on Wednesday, May
22. 1988, to consider the following
mItter:
Permit to permit Special tructiioon
of double bungalows in an R•1
District as per Section
ley, Minne rota 1983 de o1, Lots
10, 11, and 12 Block
2Rice
Creek Plaza
se
ing 8701, be -
VII, and 8721 Main
Anyone
reference
be heard
I
i
,ne, wa x3Ce �
Northeast).
to be heard with
love matter may
eeting,
3T E. YLINEN
an_
(May 8, 15, 1968)-TG2A
i
IT
Is
at 7:30 p.m., on Wednesday, may
22, 1988, to consider the following
matter:
reqquest for a Special 'Use
ermit to permit construction
of double bungalows in ap R-1
District as per Sec j o n
45.19 MA), City Code of Frid-
ley, Minnesota 1983 op., Lots
10, 11, and 12. Block 2, Rice
Creek Plaza South, A n o k a
County. Minnesota, same,, be-
ing 8701, 0711, and 8721 Main
Street Northeast. (R nest by
Bernard R. Wolke, 251 Rice
Creek Terrace Northeast). -
Anyone desiring to be heard with
reference to the above matter may
be heard at this meeting.
ROBERT E. YL*EN
Chairman
Board of Appeals
(May 8, 15, 1988)—TC-2A
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.
1. 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 1963
ON LOTS 10, 11, AND 12, BLOCK 2, RICE CREEK PLAZA SOUTH ANOKA COUNTY MINNESOTA
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 29
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.
3•
3
BOARD OF APPEALS - MAY 22, 1968
PAGE 2
MOTION 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 motidn
carried unanimously.
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 26' 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
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 -
REQUEST FOR A VARIANCE OF BUILDING SETBACK REQUIREMENTS FROM 80 FEET TO 20
FEEL' TO THE SOUTH PROPERTY LINE, AND FROM 80 FEET TO 45 FEET TO THE WEST
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
RESTAURANT IN A C -2-S DISTRICT ON PART OF LOTS 16, AND 17, AUDITOR'S
SUBDIVISION # 88, ANOKA COUNTY, MINNESOTA, THE SAME BEING THE NORTHEAST
_CORNER OF MOORE LAKE DRIVE AND HIGHWAY #65. REQUEST BY MAX SALITERMAN
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.
ADJOURNMENT
The Meeting adjourned at 9:25 P.M.
3
1.
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.
VITST W
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
Ylinex�,_as fax 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' AND EAST
RIVER ROAD OR 7691 EAST RIVER. ROAD FRIDLEY MINNESOTA. REQUEST BY ROY
ERICKSON, 6441 UNIVERSITY AVENUE N.E.. FRIDLEY. MINNESOTA.
BOARD OF APPEALS - MAY 22, 1968
PAGE 2
MOTION 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.
3. REQUEST FOR A VARIANCE OF SECTION 45.25 FROM 25 FEET TO 40 FEET OF REAR YA
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' 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
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.
YSec_onded. by Ahonen. Upon a voice vote, there being no nays, the motion
carried unanimously.
Chairman Ylinen left at 8:30 P.M.
4. REQUEST FOR A VARIANCE OF BUILDING SETBACK REQUIRE=S FROM 80 FEET TO 20
FEET TO THE SOUTH PROPERTY LINE, AND FROM 80 FEET TO 45 FEET TO THE WEST
PROPERTY LINE SECTION 45,3417 AND A VARIANCE TO DELETE REQUIRIMM 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
SUBDIVISION # 88 ANOKA COUNTY MINNESOTA THE SAME BEING THE NORTHEAST
CORNER OF MOORE LAKE DRIVE AND HIGHWAY 5. REQUEST BY MAX SA.LITMMO
c/o WYMAN SMITH, 1050 BUILDERS EXCHANGE, MINNEAPOLIS, OTA
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.
e I @ I-glow11HIA
The Meeting adjourned at 9:25 P.M.
REGULAR COUNCIL METING OF JUNE 3, 1968
�
NWXON by Councilman Sheridan to award the bid for the two police
4ptwa to 8outhview Chevrolet, 303 North Concord Street, South St.
04M1,, Minnewta 55075 in the amount of $4,041.00. Seconded by
4;XJman Harris. Upon a voice vote, all voting aye, mayor
*#team declared the motion carried unanimously,
LOTION by Councilman Harris to concur with the Board of Appeals
recommendations to permit the building of double bungalows by
Special Use Permit. Seconded by Councilman Liebl. upon a voice
vote, all voting aye, Mayor Kirkham declared the motion carried
unanl.mous ly .
The City Engineer explained that the request was for a real estate
office in one of the apartments, to be used as his office. He had
explained to him that he should provide 4 parking spaces east of
the building for cars incurred by his business, that there should not
by any big signs, and that a bigger radius would be needed for a
driveway.
Councilman Samuelson said that he had many objections to this apart,
mopt souse proposal. Councioman Harris felt that the Council should
pot allow a business enterprise in a zoning not designed for it,, and
it the Council allows it here, the basis for denial, in other areas
would be lost. Councilman Samuelson agreed.