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Comments by administrative official denying original request for building permit
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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.