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VAR 02.73st m i"/i2ZZA-� A, o Cky of FrAT THE TOP OF dl TWINey t-------- i COMNIVRIITY oEVCLOPUEMT DIV. I : i PROTECTIVE CN9'-3CTI" PaPT. CITY HALL FMOLRY Gia s.J QIT,-D��'��@C $WJECT APPLICATION TO BOARD OF APPEALS RLOF R 910-F REV• 01 DATE PEiB@ OF 1 2 Af�P�tOVEO By 800 Name �y 1.13 -rl o�OW�.B Address 2 -loo itZi�SO� .- T) ' //Phone r "/� —000�to' Legal Desc. Lot No. I Block No. Tract or Addition ,v G -'I Variance Requested (Attach plat or survey of property showing location of proposed building, etc., including adjoining properties and ownership within 200 feet of said property.) Ream. Ya -9.0 FII +gin 2,(o Meeting Date F e Receipt No. Opinions and Recommendation by the Board of Appeals - in For Above Recommendation PJ0/ Ili Against �� Recommendations 1S��1 ,City Council Action and Date City oFridley r4-', AT THE TOP QP TkE TWINS Stu-------- COWAVNITY DEVEL "ENT DIV, 1 FROTECTIVU MCftcT1OM MPT, CITY HALL F14100Y 13 3 {....I�.41 �.J 012-G09-30GO &td�d�GT APPLICATION TO BOARD OF APPEALS (Staff Report) MWKIR 9I0 -F23 RSV. 0 pATQ 2/15/73 P&BE Qin 2 2 APPROVED BY 800 Comments by administrative official denying original request for building permit or other permit. (To be completed by administrative official. Appropriate Ordinances and sections of Ordinance to be cited.) Board members notified of meeting by A. List members, date notified, and "Yes" or "No" for plans to attend hearing'. .Name Date Plan to Attend 0A I M(,C) Rf0 -LA as Person Aaking appeal and the f flowing property owners having property within 200 feet notified: Phone Notified B Name (Date or Mail (Initial) 0-/o - Vh, , V61 W s ,V,% Aqf� &i y IT( JIA� v *3Jj*AA-1 q0*444 u ON .4v) ILN 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 Chamber of the City Hall at 7:30 P.M. on Tuesday, March 26, 1974 to consider the following matter: A request -for a variance of Section 205.053, 4C, Fridley City Code, to reduce the rear yard setback from 25 feet to 20 feet, to allow the construction of a dwelling to be located on Lot 1, Block 7, Innsbruck North Addition, the same being 1412 North Innsbruck Drive N.E., Fridley, Minnesota. (Request by Mr. Curtis Johnson, 2300 Wilson 'Street, Minneapolis, Minnesota.) Anyone who desires to be heard with reference to the above matter will be heard at this meeting. WILLIAM A. DRIGANS CHAIRMAN BOARD OF APPEALS 0 The Minutes of the Board of Appeals Subcommittee Meeting of March 26, 1974' Page 3 Chairman Drigans asked if the City has been checking and following up on the stipulations like this that have been put on construction. Mr. Mattson answered that the City has, especially on new construction. Mrs. Wahlberg asked if Mr. Miller would be doing all of the construction himself. Mr. Miller said he will have it done but will be doing the finishing work himself. MOTION by Wahlberg, seconded by Plemel, to close the public hearing. Upon a voice vote, there being no nays, the motion carried unanimously. MOTION by Plemel, seconded by Wahlberg, to receive the letter of no objection to the construction of the garage and waiver of the required survey, from Mr. Clarence Fischer, 7893-97 Firwood Way N.E. Upon a voice vote, there being no nays, the motion carried unanimously. Mrs. Wahlberg said she felt it was acceptable to reduce the setback from 35 feet to 14 feet to keep the garage in line with the others on East River Road. She said she is also willing to go along with the size of the garage.° She said her main concern is that the driveway be paved within a reasonable period of time, preferably 1 year. M" Plemel said he felt that on new construction, the Board should stay with the hard surface driveway being put in within 1 -year. MOTION by Plemel, seconded by Wahlberg, to recommend to the City Council, approval of the variances for the rear yard and of the parking stalls but to omit the variance for the crushed rock driveway and to stipulate that a hard surface driveway be installed within 1 year from the date that the building permit is issued. Upon a voice vote, there being no nays, the motion carried unanimously. X 2. A REQUEST FOR A VARIANCE OF SECTION 205.053, 4C, FRIDLEY CITY CODE, TO REDUCE THE \ REAR YARD SETBACK FROM 25 FEET TO 20 FEET, TO ALLOW THE CONSTRUCTION OF A DWELLING TO BE LOCATED ON LOT 1, BLOCK 7, INNSBRUCK NORTH ADDITION, THE SAME BEING 1412 NORTH INNSBRUCK DRIVE N.E., FRIDLEY, MINNESOTA. (REQUEST BY MR. CURTIS JOHNSON, 2300 WILSON STREET. MINNEAPOLIS. MINNESOTA.) MOTION by Wahlberg, seconded by Plemel, to waive reading the public hearing notice. Upon a voice vote, there being no nays, the motion carried unanimously. Mr. Curtis Johnson was present to present his request. Mr. Ekberg, architect, was also present. Mr. Johnson showed the Board the survey of the lot. showing the proposed house location and also a set of the'�house plans. He explained when they worked on the plan they didn't realize they had to have a 25 foot setback in the rear yard. He -said he thought they were told it only had to be a 10 foot setback. Mr. Ekberg said they have contacted the property.owners to the south and to the west of this property and neither of them have any objections to the variance. Mr. Johnson said the house could be moved forward, and ask for a front yard variance, but he felt the 35 feet. in front is more important than the rear yard. He said since this is a corner lot, the setback from the side street is a minimum of 172 feet according to Code, but they are proposing to set it back 40 feet. He said the owner of the vacant lot to the south was pleased with this setback as the future dwelling on his lot will not have an obstructed front view. He said there are some trees on the lot that will be saved that are located in the rear yard and will be between the two properties. The Minutes of the Board of Appeals Subcommittee Meeting of March 26, 1974• Page 4 Mr. Johnson said that they had taken bids on the construction in January since they thought they were building according to Code and it would be difficult to change their plans now and have a new design drawn up and relet the bids. Mr. Johnson presented to the Board, a no objection letter from Mr. Kupcho, property owner to the -south, and a letter acknowledging receipt of the approval from Mr. Johnson to Mr. Kupcho. MOTION by Plemel, seconded by Wahlberg, to receive the two letters. Upon a voice vote, there being no nays, the motion carried unanimously. MOTION by Wahlberg, seconded by Plemel, to close the public hearing. Upon a voice vote, there being no nays, the motion carried unanimously. Chairman Drigans stated it seems the hardship is the fact that the bids are out and the plans have been drawn up. He said there has been no objections from the neighbors. Mrs._Wahlberg and Mr. Plemel both stated they could see no objection to the variance. MOTION by Wahlberg, seconded by Plemel, to recommend to the City Council, approval of the variance. Upon a voice vote, there being no nays, the motion carried. 3. A REQUEST FOR VARIANCES OF: SECTION 205.152, 2, FRIDLEY CITY CODE, TO DECREASE THE AVERAGE FRONT YARD SETBACK FROM 117.5 FEET TO 102 FEET, AND SECTION 205.053, 4B, TO REDUCE THE MI14IMUM SIDE YARD SETBACK FROM 10 FEET TO 8 FEET, TO ALLOW THE CONSTRUCTION OF A DETACHED GARAGE AND AN ADDITION TO AN EXISTING DWELLING LOCATED ON LOT 9, BLOCK 2, ELWELL'S RIVERSIDE HEIGHTS, THE SAME BEING 168 TALMADGE WAY N.E FRIDLEY, MINNESOTA.'(REQUEST BY MR. KENNETH LEHR, 168 TALMADGE WAY N.E., FRIDLEY, MOTION by Wahlberg, seconded by Plemel, to waive reading the public hearing notice. Upon a voice vote, there being no nays, the motion carried unanimously. Mr. Kenneth Lehr was present to present his request. Mr. Lehr said he was asking for two variances; one from 10 feet to 8 feet on the addition to the back of the house and the other from 117 feet to 102 feet for the garage. Mr. Lehr said he has talked to his neighbors and has gotten verbal approval from them. He said he does have a letter from the owner of the property 2 doors down from him giving his approval. Mrs. Wahlberg asked if he had any plans drawn up for this construction. Mr. Lehr said he has no plans drawn yet -but he explained the addition will have a basement and will have quite a few windows because it faces the river. He said because of the pie shape of the lot, the variance for the addition is only needed on the one corner. Mrs. Wahlberg asked if he presently has a garage. Mr. Lehr said he does have a single car garage that he will be converting into storage space for lawn equipment. Mrs. Wahlberg said she could see where Mr. Lehr is limited on his lot since it As 70 feet wide. She asked if there are othergarages built close to the street. Mr. Lehr answered that there are two others that are built just about on the road. Mrs. Wahlberg stated his garage would not be setting a precedent then. Mr. Lehr said it would not be and added that the shorter driveway would save on the cost of a hard surface driveway. 128 REGULAR COUNCIL MEETING OF APRIL 1, 1974 PAGE 5 construction of a double detached garage with no restrictions on the surface of the driveway. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. Councilman Nee said he would not want the motion to contain any reference to the installation of the surface material, h� believed the present surface would be t sufficiently firm and very solid. � �/ A REQUEST FOR A VARIANCE OF SECTION 205.053, 4C, FRIDLEY CITY CODE TO REDUCE THE ^ REAR YARD SET BACK FROM 25 FEET TO ALLOW THE CONSTRUCTION OF A DWELLING TO BE LOCATED ON LOT 1 BLOCK 7, INNSBRUCK NORTH ADDITION, THE SAME BEING 1412 NORTH INNSBRUCK DRIVE N. E., FRIDLEY, MINNESOT REQUEST BY MR. CURTIS JOHNSON, 2300 The City Manager recalled the Council had taken action on this request before the request was considered by the Board of Appeals, and the Council action had indicated the Council would concur in the decision of the Board of Appeals. He explained the Board of Appeals had approved the request for the variance. MOTION by Councilman Utter to concur with the recommendation of the Board of Appeals and approve the variance request by Mr. Curtin Johnson, for the construction of a dwelling at 1413 Innsbruck Drive N. E. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. MOTION by Councilman Nee to concur with the recommendation of the Board of Appeals and approve the request for variances as requested by Mr. Kenneth Lehr, 168 Talmadge Way N. E. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor L9ebl declared the motion carried unanimously. } The City Manager advised the Council that the Board of Appeals had recommended approval of the request for the sign. MOTION by Councilman Nee to concur in the recommendation of the Board of Appeals and grant the.sign variances request by Midland Cooperatives. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. FOR VARIANCES OF: SECTION 205.134. 4B. FRIDLEY CITY CODE The City Manager said this item had been taken care of earlier in the meeting during the discussion of the Building Standards -Design Control Subcommittee meeting and the requests for the variances had been approved. CITY CODE. TO DECREASE ST RIVER ROAD N. E. FRIDLEY, MINNESOTA. (REQUESTBY RIVERSIDE CARS EASTII E RGAU N. E., FRIDLEY, MINNESOTA 55432): The City Manager said there was no action necessary on this item at the present time. REGULAR COUNCIL MEETING OF APRIL 1, 1974 PAGE 6 124 •: Mayor Liebl said this request had been taken care of earlier in the meeting when the Council acted to approve both requests. MOTION by Councilman Breider to receive the minutes of the Board of Appeals Subcommittee meeting of March 26, 1974. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RECEIVING THE MINUTES OF THE PARK AND RECREATION COMMISSION MEETING OF MARCH 4, 1974: MOTION by Councilman Utter to receive and concur in the minutes of the.Park and Recreation Commission meeting of March 4, 1974. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RECEIVING THE MINUTES OF THE FRIDLEY HUMAN RELATIONS COMMITTEE MEETING OF FEBRUARY 21, 1974: MOTION by Councilman Breider to receive the minutes of the Fridley Human Relations Committee meeting of February 21, 1974. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. Mayor Liebl asked the other members of the Council if he would be authorized to appear before the Committee as the minutes indicated the Committee had requested. The Council concurred in approval of Mayor Liebl's appearance before the Human Relations Committee. RECEIVING THE MINUTES OF THE ENVIRONMENTAL QUALITY COMMISSION OF MARCH 12, 1974: MOTION by Councilman Utter to receive the minutes of the Environmental Quality Commission of March 12, 1974. Seconded by Councilman Breider. Upon a voice vote, all voting aye, 0ayor'Liebl declared the motion carried unanimously. Councilman Nee questionedif there had been any action or determination on the disposal permit for an industry in Fridley. Mayor Liebl asked if this would be the Onan plant. He said this permit have been approved by the Federal authorities and the P. C. A. The Assistant Engineer explained the material to be disposed of as water that is used in the cooling of the firm's equipment. He said the water had been determined safe because it did not raise the temperature of the creek water beyond the temperature level set. Councilman Nee said he would like the background on the conservancy ordinance and the City Manager said this would be provided to the members on the Council. RECEIVING REPORT OUTLINING THE CONCERNS AND POSITIVE ACTION TAKEN BY THE CITY OF FRIDLEY REGARDING THE PRESERVATION OF RICE CREEK A OCKE LAKE FROM 1955 TO PRESENT: AND RECEIVING STATUS REPORT REGARDING THE CITY OF FRIDLEY REQUEST TO THE RICE CREEK WATERSHED DISTRICT REGARDING STUDIES AND IMPROVEMENTS OF RICE CREEK AND-LOCKE LAKE: Mayor Liebl said the staff has furnished the Council a report which includes all of the action of the City since 1955. He explained this information included a reference check for all available material concerning the Rice Creek and Locke Lake areas. He said the recommendations in the consultants' survey were good ones and the recommendations in Assistant Engineer's report were excellent. MOTION by Councilman Nee to -express support of the*Hickok study proposal for Phase I which would include Public Hearings, staff meetings and discussions with the people of the area. Seconded by Councilman Breider. Councilman Starwalt questioned the expenditure for the phase one and phase two programs as explained by the Consultant. Mayor Liebl said the City would share the cost with the other governmental groups involved. Councilman Nee said this would not indicate that Fridley would be paying the amount alone, they would just express support of the program.