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ZOA 77-01_*o -7i'0l • City of 14'ridley ° AT 7HE TOP OF THE TWINS COMMUNITY DEVELOPMENT DIV. PAOTECTivE INSPECTION SEC. t � � t ' �-""� CITY HALL FRIDLEY 55432 61 :.uH)Lcr APPLICATION{ TO BOARD OF APPEALS NUPABefi REV 1 Dare 3/21/75 , � N. nv 1910-F23 1 - ! ar+•PA011ED ISO 800 Name L& vk 6 e r -t b Pei c r s e d't h Address 13[0.0 OsGo, -u Phone Legal Description Lot No. 3• `f Block No. 1 'L Tract or Addn. /h�f/10o4+Mt1U�a ri Variance Request(s); including stated hardships (attach plat or survey of property showing building, variances, etc., where applicable) ° AQa4- Fac." Ivaco Tr: Ta grno 514C.7 4" 31-23 Kt.oc-K 2 afL0 - IrRaw" 10 do o ST fr a �r—o-t—SIC e..j Ccri3 -L 22► %LdttZ `L-- oLO,�D� so X1- TZ, 129 Fcoc r oti, Lr?TS t/, 71,-isc , 4 Date Meeting Date Fee Receipt No. Signature Comments & Recommendations by the Burd of Appeals City Council Action and Date ___ �- ~� . � - '--- �r ' � | ! ' I.) nr' / '-''---- - '- ^~� --------! ) x '- --- } ` � � City of Ir-'ridley ��. AT THE TON OF THE TWINS L • COMMUNITY DEVELOPMENT UAV. r PriorECTIVE INSPECTION SEC. I CITY HALL FRIDLEY 55632 � ----� . .-� 612-560-3450 sue�ecr ' APPLICATION TO BOARD OF APPEALS (Staff Report) HuPAHBk 910-F23 HEV. 1 (IME 3/21/75 Pa4E 4: 2 2 jAPP143,0LU 9r 800 Staff Comments Board members notified of meeting by ZZ —7 7 date notified, and "Yes" or "No" for plans to attend hearing. Name List member's, Plan Date TO Attend Pearson making appeal and the following property owners having property within 200 feet notified:gy Whom Kame `` /Date Phone or Bail Notified I ` _Y}e .. 4 `S : ' .. :i �� �:i�! :vr'k .. � r x; Mr. & Mrs. Dale Thorp 1376 Osborne Road N.E. Fridley, Mn 55432 Mr. & Mrs. Ronald Frankhouser 1392 Osborne Road N.E. Fridley, Mn 55432 Mr. & Mrs. Larry Prescott 1400 Osborne Road N.E. Fridley, Mn 55432 Mr. & Mrs. Loyd Erion 1412 Osborne Road N.E. Fridley, Mn 55432 Mr. & Mrs. Patrick Maxey 1413 Meadormoor Drive N.E. Fridley, Mn 55432 Mr. & Mrs. William Baerboom 1401 Meadowmoor Drive N.E. Fridley, Mn 55432 Mr. & Mrs. Daryl Rollog 1391 Meadowmoor Drive N.E. Fridley, Mn 55432 Mr. & Mrs. William Sharp 1377 Meadowmoor Drive N.E. Fridley, Mn 55432 Mr. & Mrs. James Hanson 1371 Meadowmoor Drive N.E. Fridley, Mn 55432 NZZZ&ZOZS. Mr. Larry Lee and Ms. Patricia Von Mosch 1392 Meadowmoor Drive N.E. Fridley, Mn 55432 Mr. & Mrs. Charles Lindman 1378 Meadowmoor Drive N.E. Fridley, Mn 55432 Mr. & Mrs. Richard Castro 1362 Meadowmoor Drive N.E. Fridley, Mn 55432 Mr. & Mrs. Ralph Melbie 1346 Meadowmoor Drive N.E. Fridley, Mn 55432 Mr. & Mrs. Douglas Pavlik 7651 Meadowmoor Drive N.E. Fridley, Mn 55432 Mr. & Mrs. Richard Morin 7635 Meadowmoor Drive N.E. Fridley, Mn 55432 Mr. & Mrs. Allyn Beekman 7619 Meadowmoor e-N.E. Fridley, Mn 55432 Mr. & Mrs. Roger Bauer 1359 76th Avenue N.E. Fridley, Mn 55432 Planning Commission r��'��' -77 .MAILING LIST City Council l ZOA #77-01 GARY PETERSON 27 2. Lots 3,4,22,23 Block 2, Meadowmoor Terrace Rezone from C-1 to R-2 Anderson Trucking Service, Inc. Mr. & Mrs. W. F. Thiel 203 Cooper Avenue North 7627 Central Avenue N.E. St. Cloud, Mn 56301 Fridley, Mn 55432 Ed Chies Mr. & Mrs. Robert Knoll 7651 Central Avenue N.E. 7613 Central Avenue N.E. Fridley,Mn 55432 Fridley, Mn 55432 Briar Homes, Inc. Mr. & Mrs. Bernard Heille 8535 Central Avenue N.E. 1418 Meadowmoor Drive N.E. Minneapolis, Mn 55432 Fridley, Mn 55432 Lambert -Petersen Mr. & Mrs. Walter Lizakowski 1917 Old Highway #8 1402 Meadowmoor Drive N.E. New Brighton, Mn 55112 Fridley, Mn 55432 Mr. & Mrs. Dale Thorp 1376 Osborne Road N.E. Fridley, Mn 55432 Mr. & Mrs. Ronald Frankhouser 1392 Osborne Road N.E. Fridley, Mn 55432 Mr. & Mrs. Larry Prescott 1400 Osborne Road N.E. Fridley, Mn 55432 Mr. & Mrs. Loyd Erion 1412 Osborne Road N.E. Fridley, Mn 55432 Mr. & Mrs. Patrick Maxey 1413 Meadormoor Drive N.E. Fridley, Mn 55432 Mr. & Mrs. William Baerboom 1401 Meadowmoor Drive N.E. Fridley, Mn 55432 Mr. & Mrs. Daryl Rollog 1391 Meadowmoor Drive N.E. Fridley, Mn 55432 Mr. & Mrs. William Sharp 1377 Meadowmoor Drive N.E. Fridley, Mn 55432 Mr. & Mrs. James Hanson 1371 Meadowmoor Drive N.E. Fridley, Mn 55432 NZZZ&ZOZS. Mr. Larry Lee and Ms. Patricia Von Mosch 1392 Meadowmoor Drive N.E. Fridley, Mn 55432 Mr. & Mrs. Charles Lindman 1378 Meadowmoor Drive N.E. Fridley, Mn 55432 Mr. & Mrs. Richard Castro 1362 Meadowmoor Drive N.E. Fridley, Mn 55432 Mr. & Mrs. Ralph Melbie 1346 Meadowmoor Drive N.E. Fridley, Mn 55432 Mr. & Mrs. Douglas Pavlik 7651 Meadowmoor Drive N.E. Fridley, Mn 55432 Mr. & Mrs. Richard Morin 7635 Meadowmoor Drive N.E. Fridley, Mn 55432 Mr. & Mrs. Allyn Beekman 7619 Meadowmoor e-N.E. Fridley, Mn 55432 Mr. & Mrs. Roger Bauer 1359 76th Avenue N.E. Fridley, Mn 55432 ZOA #77-01 Page 2 M. & Mrs. Marlyn Jeske 1367 76th Avenue N.E. Fridley, Mn 55432 Mr. & Mrs. Melvin Doolittle 1375 76th Avenue N.E. Fridley, Mn 55432 Mr. & Mrs. Vernon Larson 1383 76th Avenue N.E. Fridley, Mn 55432 Mr. & Mrs. William Holte 1415 76th Avenue N.E. Fridley, Mn 55432 Gary Peterson 1360 Os borne Road Fridley, Mn 55432 City of Spring Lake Park 8429 Center Drive N.E. Spring Lake Park, Mn 55432 7&,s7) cAaow Ale,> 61e7c CEP,279MCATE OF SUMVEY J, A [A 1-:0.) L. I C U n- T H LACIA Lol ou LIVE VOL71 4002 JEFFERSON ST. N.E. COLUMBIA HEIGHTS 55421 788-9769 1 W=,=3Y Cr-'ITIVY THAT THIS SURVSV. PLAN. 07 R=PORT 16VA3 PRMPAFIED DY 14M OR UNDER MY C)tR2:CT SUPERVISION AND TORT I AM A OULV r-20107CRMO LAND CUnV=VO;l TH= LAV13 O;r T"a STATE OF MINNESOTA. .1 -) -7 DATE . SCALE I"= MINNESOTA REGISTnATION NO. 5332 O= I FZON MONUMENT rs- 0 �17 I Fl. 1 c% FRIDLEY 141-1 BOA W OF APPEALS — -- EXHIBIT No.2� Cw MEETING DATE" f/ld -J� 21 LAMBERT PETERSEN, INC. 1360 Osborne Road Fridley, MN 55432 April 12, 1977 Mr. Jerry Boardman Planning Department City of Fridley 6431 University Ave. N.E. Fridley, MN 55432 Dear Mr. Boardman: ' Regarding our rezoning request for Lots 3-4 and Lots 22-23, Meadowmoore Addition; we would like to request that the date of the hearing be rescheduled from April 20, 1977 to May 4, 1977. Thank you for your help in this matter. Yours truly, GARY ETERSEN GAP/njc FRIDLEY BOARD OF APPEALS EXHIBIT N avz MEETING DATE -m . CI'T'Y OF FRIDLEY 6431 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA 56432 Dear Residents: TELEPHONE ( 612)5714450 April 15, 1977 Re: Rezoning of properties at' 1344 and 1326 Osborne Road N.E. and -1331 and 1345 Meadowmoor Drive N.E. We have received a letter from the petitioner to continue the Public Hearing for rezoning the above properties, that was held before the Planning Commission on April 6, 1977 to May 4, 1977. The purpose for this continuation is to coordinate the rezoning request with the petitioner's request for variances to the Zoning Code. (See attached letter and Notices. If you have any questions regarding this matter, please feel free to call me at 571-3450. JLB/de Sincerely, VL -t%., "- -- - CITYLt\t,v"- CITY PLANNER • FRIDLEY BOARD OF APPEALS 10 EXHIBIT No. MEETING DATE 2 77 Item 2,, April 26, 1977 ADMINISTRATIVE STAFF REPORT 1344 - 1346 Osborne Road N.E.- A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.063, 1, requiring a minimun lot area of 10,000 square feet in an R-2 (two family dwelling areas),zbnee- Public purpose served to to avoid the condition of over crowding of the residential neighborhood. Section 205.063, 4, C, requiring a minimum rear yard of 25% of the lot depth with a minimum of 25 feet in an R-2 (two family dwelling areas) zone. Public purpose.served is to provide desired rear yard space.to be used for green areas which add to the attractability of the neighborhood. B. STATED HARDSHIP: Lots, if rezoned to R-2; cannot be developed without requested Variances. C. ADMINISTRATIVE STAFF REVIEW: The configuration of the lot is such that in order to maintain the existing front yard setback of 35 feet, the structure must be shifted to the rear. This shift reduces the rear yard to less than 25% of the lot depth required by the City Cade: Approval of this request would be contingent upon rezoning of the property. 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, April 26, 1977 at 7:30 P.M. to consider the following matter: A request for variances of the Fridley Cidy Code as follows: 205.063, 1, to reduce the lot area from 10,000 square feet to 9,000 square feet, and 205.063 4, C, to reduce the rear yard setback from 30 feet to 29 feet, (1/4 of lot depth) to allow the construction of a two family dwelling on Lot 4, Block 2, Meadowmoor Terrace, the same being 1344-1346 Osborne Road N.E., Fridley, Minnesota. (Request by Lambert & Peterson, Inc., 1360 Osborne Road N.E., Fridley, Minnesota, 55432). This property is presently zoned C-1, and any approval for a variance would be contingent upon petitioner's receiving approval of his request to rezone to R-2. Anyone who desires to be heard with reference to the above matter may be heard at this meeting. VIRGINIA SCHNABEL CHAIRWOMAN APPEALS COMMISSION .. _ �. ,�, � 1'_ _ ,... .. . �. i •� � . . S +.�'. � �� �. . ,` .. - i . .. t City of Fridley } � *APPEALS COMMISSION MEETING — April 26, 1977 Page 1 CALL TO ORDER: Chairwoman Schnabel called the meeting to order at 7:30 P.M. ROLL CALL: Members Present: Schnabel, Gabel, Plemel, Kemper, Barna Members Absent: None Others Present: Ron Holden, Building Inspection Officer APPROVE APPEALS COMMISSION MINUTES: APRIL 121 1977 MOTION by Plemel, seconded by Kemper, that the minutes of the April 12, 1977, Appeals Commission meeting be approved. Upon a voice vote, all voting aye, the motion carried unanimously. Chairwoman Schnabel suggested, that since the first four items on the Agenda were all the same request {except for the square footage on Item 2 and Item 4, which were minor variations}, perhaps the Commission would consider handling all four items at once in terms of gathering information. MOTION by Barna, seconded by Gabel, that the Commission handle the first four items of the Agenda at once in terms of gathering information. Upon a voice vote, all voting aye, the motion carried unanimously. 1• REQUEST FOR VARIANCES OF THE FRIDLEY CITY CODE AS FOLLOWS: SECTION 205-0631 11 TO REDUCE THE LOT ARE FROM 10 zona_ SQUARE FEET TO 9,600 SQUARE 205 •063, 4 -m --L, TO REDUCE THE REAP. YARD SETBACK FR2f� 30 FEET TO 29 FFFT {y/4 OF LOT DEPTH}, TO ALLOW THE CONSTRICTION OF A TWO FAMILY DWELLING ON LOT 3, BLOCK 2, MEADOWMOOR TERRACE -1 THE SAME BEING 1326-1328 OSBORNE ROAD N•E•, FRIDLEY, MINNESOTA• {Request by Lambert & Peterson, Inc. 1360 Osborne Road N•E•-I Fridley, MN 554321 2• REQUEST FOR VARIANCES OF THE FRIDLEY CITY CODE AS FOLLOWS: _ SECTION 205.0631 11 TO REDUCE THE LOT AREAS FROM 10,000 SQUARE FEET TO 9,000 SQUARE FEET, AND, SECTION , 4, C TO REDUCE THE REAR YARD SETBACK FROM 30 FEET TO 29 FEET {1/4 OF LOT DEPTH} TO ALLOW THE CONSTRUCTION OF A TWO FAMILY DWELL 4, BLOCK 2, MEADOWMOOR TERRACE, THE SAME BEINC 1344-1346 ISBORNE ROAD N•E•, FRIDLEY, MINNESOTA• {Reques rt & Peterson, Inc. 1 60 Osborne RoadN•E•, Fridley, MN 554321. Appeals Commission Meeting — April 26, 1977 Page 2 3• REQUEST FOR VARIANCES -OF THE FRIDLEY CITY CODE AS FOLLOWS: - SECTION 205.0631 11 TO REDUCE THE LOT AREA FROM 1_0, SQUARE FEET TO , SQUARE T; AND S "35-06-3-1 4, C, TO REDUCE THE REAR YARD SETBACK FROM 30 FEET TO 29 FEET -[1/4 OF LOT DEPTH}, TO ALLOW THE CONSTRUCTION OF -A TWO FAMILY_ DWELLING ON LOT 231 BLOCK 21 MEADOWMOOR TERRACE, THE SAME BEING 1331-13_33 MEADOWMOOR DRIVE N•E•, FRIDLEY MINNESOTA• {Request by Lambert & Peterson, Inc-, 1360 Osborne Road N•E•, Fridley, MN 554321• 4• REQUEST FOR VARIANCES OF THE FRIDLEY CITY CODE AS F011011IS= SECTION 205.063, 1, TO REDUCE THE LOT AREA FROM 10,000 SQUARE FEET TO 9,000 SQUARE FEET, AND SECTION 205.0631 4, C, TO REDUCE THE REAR YARD SETBACK FROM 30 FEET TO 29 FEET 11/4 OF LOT DEPTH}, TO ALLOW THE CONSTRUCTION OF A TWO FAMILY DWELLING ON LOT 22, BLOCK 2, MEADOWMOOR TERRACE, THE SAME BEING 1345-1347 MEADOWMOOR DRIVE N•E•, FRIDLEY, MINNESOTA• {Request by Lambert & Peterson, Inc., 1360 Osborne Road N•E•, Fridley, MN 554321 - The above variances requested by Lambert & Peterson are on property that is presently zoned C-1, and any approval of variances would be contingent upon approval -of a rezoning request to rezone to R-2• Chairwoman Schnabel asked if there was anyone in the audience representing the°se-items. At this time, there was no one present. ADMINISTRATIVE STAFF 'REPORT A• PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.063, 1, requiring a minimum lot area of 10,000 square feet in an R-2 {two family dwelling areas} zone - public purpose served to avoid the condition of over- crowding of the residential neighborhood. Section 205.063, 4, C, requiring a minimum rear yard of 25% of the lot depth with a minimum of 25 feet in an R-2 {two family dwelling areas} zone• public purpose served is to provide desired rear yard space to be used for green areas which add to the attractability of the neighborhood. Appeals Commission Meeting — April 261 1977 Page 3 B- STATED HARDSHIP: Lots, if rezoned to R-2, cannot be developed without requested variances. C- ADMINISTRATIVE STAFF REVIEW: The configuration of the lot is such that in order to maintain the existing front yard setback of 35 feet, the structure must be shifted to the rear• This shift reduces the rear yard to less than 25% of the lot depth required by.the City Code- Approval of this request would be contingent upon rezoning of the property. Chairwoman Schnabel gave some background on the items. She explained that at the planning Commission meeting of three weeks ago, the petition came through to rezone these properties from C-1 to R-2- She explained that of the lots in question, two lots are located on Osborne Road and two lots are located on Meadowmoor Drive• The petitioner had requested the zone change to R-2 because he wanted to build double bungalows or duplexes on each one of the four lots• Chairwoman Schnabel continued to explain that at the time this came before th Planning Commission, the petitioner did not show - However, she stated that a great number of the residents {primarily ones who lived on Meadowmoor} did show at the meeting - They presented a petition to the Planning Commission asking that instead of rezoning the lots to R-2, that they rezone them to R-1- Chairwoman Schnabel explained that they felt they were already overcrowded in the area in terms of the child population• Chairwoman Schnabel indicated that since the petitioner wasn't at the meeting and after much discussion, it had been decided that the item would be tabled until the petitioner could attend a meeting to explain his viewpoints- This was decided especially because of the great opposition from the residents• She said that the item was then tabled until May 4, 1977• MOTION by Barna, seconded by Plemel, to set aside these items until later in the meeting, in the event that the petitioner or someone representing this request would show• Upon a voice vote, all voting aye, the motion carried unanimously• The petitioner never made an appear-ance at the Appeals Commission meeting of April 26, 1977. Mrs. Gabel made the comment that since no one was in the audience for the first four Items and the petitioner did not show up, and that it was obviously a situation that had many questions that needed to be answered, she felt the items should be tabled• Appeals Commission Meeting - April 26, 1977 Page 4 MOTION by Gabel, seconded by Plemel, that the Appeals ` Commission tables items 1 thru 4, until such time that the petitioner indicates another request• Upon a voice vote, all voting aye, the motion carried• 5• REQUEST FOR VARIANCE OF SECTION 205.0531 41 {B4} TO REDUCE THE—REQUIRED-SIDE • 3 FEET TO ALLOW A GARAGE ADDITION OF 14 FEET TO AN EXISTING GARAGE, LOCATED ON LOT 151 AUDITOR'S SUBDIVISION NO• , THE SAME BEING'6459 PIERCE STREET N•E•, FRIDLEY, MINNESOTA • {Request by ,toe Burmis, 4 9 Pierce Street N•E• Fridley, Minnesota 554321 MOTION by Kemper, seconded by Barna, to open the Public Hearing• Upon a voice vote, all voting aye, the Public Hearing was open - ADMINISTRATIVE STAFF REPORT A• PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.053, 4, B41 requiring a side yard setback of 5 feet from an attached garage• Public purpose served is to provide space between individual structures to°reduce conflagration of fire, to provide access to the rear yard for emergencies and to limit the condition of crowding in the residential neighborhood• B• STATED HARDSHIP: I want to store an additional car, snow blower, lawn mower, etc• in the garage• The present garage is not big enough as the door is in the center• C• ADMINISTRATIVE STAFF REPORT: The survey shows that the proposed 14 foot addition would be 2.3 feet from the common property line to the south• The house doesn't lend itself to adding a garage on the North side• The existing garage does have living space above it• The existing South garage wall will remain intact except for a doorway opening• No additional living space would be added to the new garage site• The neighboring garage is 10.9 feet from the common lot line• If constructed, the distance between the garages would be 13.2 feet at the closest point• CITY OF FRIDLEY 7 A APPEALS COMMISSION MEETING — MAY 10, 1977 Page 1 _CALL TO ORDER: Chairwoman Schnabel called the meeting to order at 7:35 P.M. ROLL CALL: Members Present: Schnabel, Gabel, Plemel, Barna Members Absent: Kemper Others Present: Ron Holden, Building Inspection Officer APPROVE APPEALS COMMISSION MINUTES: APRIL 26, 1977 Mrs. Gabel requested that the tenth and eleventh paragraphs on Page 5 be stricken from the records. MOTION by Mr. Barna, seconded by Mrs. Gabel, that the minutes of the April 26, 1977, Appeals Commission meeting be approved as amended. Upon a voice vote, all voting aye, the motion carried unanimously - Chairwoman Schnabel indicated that the Appeals Commission would be handling the first four items on the Agenda at the same time. 1. TABLED: REQUEST FOR VARIANCES OF THE FRIDLEY CITY CODE AS FOLLOWS: SECTION 205.0641 1, TO REDUCE THE LOT AREA FROM 10,000 SQUARE FEET TO 9,600 SQUARE FEET, AND SECTION 205.0631 41 C, TO REDUCE THE REAR YARD SETBACK FROM 30 FEET TO 29 FEET 11/4 OF LOT DEPTH}, TO ALLOW THE CONSTRUCTION OF A TWO FAMILY DWELLING ON LOT 3,.BLOCK 2, MEADOWMOOR TERRACE, THE SAME BEING 1326-1328 OSBORNE ROAD N.E., FRIDLEY, MINNESOTA. {Request by Lambert & Peterson, Inc-, 1360 Osborne Road N•E., Fridley, Minnesota 5543210 2. TABLED: REQUEST FOR VARIANCES OF THE FRIDLEY CITY CODE AS FOLLOWS: SECTION 205.063, 1, TO REDUCE THE LOT AREA FROM 101000 SQUARE FEET TO 91000 SQUARE FEET, AND SECTION 205.0531 31 C, TO REDUCE THE REAR YARD SETBACK FROM 30 FEET TO 29 FEET {1/4 OF LOT DEPTH}, TO ALLOW THE CONSTRUCTION OF A TWO FAMILY DWELLING ON LOT 5, BLOCK 2, MEADOWMOOR TERRACE, THE SAME BEING 1344-1346 OSBORNE ROAD N•E., FRIDLEY, MINNESOTA. {Request by Lambert & Peterson, Inc-, 1360 Osborne Road N.E•, Fridley, Minnesota 554321- APPEALS COMMISSION MEETING — MAY 101 1977 Page 2 3. TABLED: REQUEST FOR VARIANCES OF THE FRIDLEY CITY CODE ' AS FOLLOWS: SECTION 205.063, 11 TO REDUCE THE LOT AREA FROM 10,000 SQUARE FEET TO 9,600 SQUARE FEET, AND SECTION 205.0531 4, C, TO REDUCE THE REARYARD SETBACK FROM 30 FEET TO 29 FEET 11/4 OF LOT DEPTH}, TO ALLOW THE CONSTRUCTION OF A TWO FAMILY DWELLING ON LOT 23, BLOCK 2, MEADOWMOOR TERRACE,, THE SAME BEING 1345-1347 MEADOWMOOR DRIVE N.E., FRIDLEY, MINNESOTA. {Request by Lambert and Peterson, Inc., 1360 Osborne Road N.E., Fridley, Minnesota 554321. 4. TABLED: REQUEST FOR VARIANCES OF THE FRIDLEY CITY CODE AS FOLLOWS: SECTION 205.0631 11 TO REDUCE THE LOT AREA FROM 10,000 SQUARE FEET TO 91000 SQUARE FEET, AND SECTION 205.063, 4, C, TO REDUCE THE REAR YARD SETBACK FROM 30 FEET TO 29 FEET 11/4 OF LOT DEPTH}, TO ALLOW THE CONSTRUCTION OF A TWO FAMILY DWELLING ON LOT 221 BLOCK 21 MEADOWMOOR TERRACE, THE SAME BEING 1345-1347 MEADOWMOOR DRIVE N.E., FRIDLEY, MINNESOTA. {Request by Lambert & Peterson, 1360 Osborne Road N.E•, Fridley, Minnesota}. The above variances requested are on property that is presently zoned C-1, and any approval of variances would be contingent upon approval of a rezoning request to R-2. MOTION by Mr. Barna, seconded by Mr. Plemel, to open the Public Hearing on the first four items. Upon a voice vote, all voting aye, the Public Hearing was opened at 7:37 P.M. MOTION by Mr. Barna, seconded by Mrs. Gabel, that the Appeals Commission remove the first four items from the Table. Upon a voice vote, all voting aye, the motion carried unanimously. Chairwoman Schnabel explained to the Commission that at the May 4, 1977, Planning Commission meeting the decision had been made to recommend to City Council denial of Mr. Peterson's requests for rezoning with the recommendation that the City Council read all the minutes of the Planning Commission meeting to be able to know the feelings of the neighbors and the Commission members regarding those four lots. Mr. Peterson of Lambert & Peterson, 1360 Osborne Road N.E. was present at the meeting. Chairwoman Schnabel indicated that Mr. Peterson would have to indicate any changes to his requests before it. went before the City Council. Chairwoman Schnabel asked Mr. Peterson if he wished to ask for variances on all four lots. APPEALS COMMISSION MEETING — MAY 101 1977 Page 3 Mr. Peterson indicated that he wished to withdraw his requests for variances on the lots located on Meadowmoor Drive. He said he planned to build R-1 dwellings on Meadowmoor Drive and R-2 dwellings on Osborne Road. ADMINISTRATIVE STAFF REPORT A. PUBLIC PURPOSE SERVED BY REQUIREMENT= Section 205.063, 1, requiring a minimum lot area of 10,000 square feet in an R-2 {two family dwelling areas} zone. Public purpose served to avoid the condition of over crowding of the residential neighborhood. Section 205.063, 4, C, requiring a minimum rear yard of 25% of the lot depth with a minimum of 25 feet in an R-2 {two family dwelling areas} zone. o Public purpose served is to provide desired rear yard space to be used for green areas which add to the attractability of the neighborhood. B. STATED HARDSHIP: Lots, if rezoned to R-2, cannot be developed without requested variances. C. ADMINISTRATIVE STAFF REVIEW= The configuration of the lot is such that in order to maintain the existing front yard setback of 35 feet, the structure must be shifted to the rear. This shift reduces the rear yard to less than 25% of the lot depth required by City Code. Approval of this request would be contingent upon rezoning of the property. Mrs. Gabel wanted to know if both the Planning Commission and the neighbors wanted R -1's on Meadowmoor Drive. Chairwoman Schnabel indicated that there had been mixed feelings regarding the -lots on Meadowmoor; some of the neighbors wanted the lots to remain as C-1 and others would rather see R-11s'built. Mr. Peterson indicated that if the City Council denied his request for rezoning to R-2 on Osborne Road, he would probably withdraw his request for R-1 rezoning on Meadowmoor Drive. APPEALS COMMISSION MEETING — MAY 101 1977 Page 4 Chairwoman Schnabel verified that Mr. Peterson would . have the option to withdraw his requests. Mr. Holden, Mr• Peterson, and the Appeals Commission discussed the plans that Mr. Peterson had for the R-2 dwellings to be built on Osborne Road. Mrs. Gabel wanted to know exactly what Mr. Peterson would be requesting at the City Council meeting. Chairwoman Schnabel indicated that Mr. Peterson would be requesting to make the two lots on Osborne Road as R-2 and the two lots on Meadowmoor as R-1. Mr. Peterson indicated that the homes would be built for resale purposes• Mr. Maxey of 1413 Meadowmoor Drive wanted to know what would happen to the lots if City Council denied Mr• Peterson's requests to rezone to R-2 on Osborne Road and Mr. Peterson withdrew his requests to rezone to R-1 on Meadowmoor Drive• Chairwoman Schnabel told him that the lots would then remain as C-1 lots. Mr. Maxey wanted to know if the people on Osborne Road would be notified of that meeting. He indicated that many of the people on Osborne Road assumed the lots were to be kept as C-1. Chairwoman Schnabel said that Mr. Boardman, the City Planner, had indicated at the Planning Commission meeting that, in this particular case, the people within 200 feet of the lots in question would be sent notices of the City Council meeting. Chairwoman Schnabel also indicated that the people on Osborne Road had no right to assume anything until a final decision had been reached by the City Council or if Mr• Peterson would withdraw his entire request. She said that if the people on Osborne Road were opposed to the building of R -2's on those lots, they should be at the City Council meeting. Chairwoman Schnabel told the audience that if they did not receive a notice of the May -16, 1977, City Council meeting, that they should call City Hall to confirm that the items would be appearing before the City Council on that date• Mr. Heille of 1418 Meadowmoor Drive wanted to know if Mr• Peterson owned the lot located between the Beauty Shop and the house on Central Avenue {Lot 271. Mr• Peterson indicated that Mr•Chies owned that particular lot. APPEALS COMMISSION MEETING — MAY 101 1977 Page 5 Mr. Heille want to know what Lot 27 was zoned as• Mr. Holden indicated that it was zoned as R-1. Mr. Heille suggested that all the remaining lots in the area should be zoned R-1. Chairwoman Schnabel indicated to Mr. Heille that he should consult the Zoning Map located at City Hall whenever he had a question regarding the zoning on any lot. Mr. Holden asked Mrs. Peterson that if he got approval for the rezoning and the variances, would he be building the houses at the same time. Mr. Peterson indicated that he would build on all four lots at the same time. MOTION by Mr. Plemel, seconded by Mr. Barna, to close the Public Hearing. Upon a voice vote, all voting aye, the motion carried unanimously. The Public Hearing was closed at 8:10 P.M. Mr. Holden indicated that there were at least four structures like the ones Mr. Peterson proposed to build located in the City. He said that all were working out fine both structurally and aesthetically. The Appeals Commission discussed further the deisgn plans of the double bungalows that Mr. Peterson was proposing to build on the two lots on Osborne Road. MOTION by Mr. Barna, seconded by Mr. Plemel, that the Appeals Commission recommend for approval the request for variances of the Fridley City Code as follows: Section 205.064, 1, to reduce the lot area from 10,000 square feet to 9,600 square feet, the same being 1326-1328 Osborne Road N.E., Fridley, Minnesota AND Section 205.063, 1, to reduce the lot area from 10,000 square feet to 9,000 square feet the same being 1344-1346 Osborne Road N.E., Fridley, Minnesota; AND section 205.063, 4, C, to reduce the 'rear yard setback from 30 feet to 29 feet {1/4 of lot depth} to allow the construction of two family dwellings on Lot. 3 and Lot 5, Block 2, Meadowmoor Terrace. UPON a voice vote, all voting aye, the motion carried unanimously. Chairwoman Schnabel indicated that the Appeals Commission had approved the variance requests contingent upon approval of a rezoning request to R-2. APPEALS COMMISSION MEETING — MAY 101 1977 Page 6 5• REQUEST FOR VARIANCE OF SECTION 205.0531 51 {B4}, FRIDLEY CITY CODE, TO REDUCE THE REQUIRED SIDE YARD SETBACK FROM 5 FEET TO 4 FEET, TO ALLOW A GARAGE ADDITION OF 22 FEET TO AN EXISTING GARAGE, LOCATED ON LOTS 5 and 6, BLOCK 11, PLYMOUTH ADDITION, THE SAME BEING 4638 2 1/2 STREET N -E., FRIDLEY, MINNESOTA. {Request by Carroll L. Jensen, 4638 2 1/2 Street N -E., Fridley, Minnesota 55432.1 MOTION by Mr. Barna, seconded by Mrs. Gabel, to open the Public Hearing- Upon a voice vote,all voting aye, the Public Hearing was opened at 8:20 P.M. ADMINISTRATIVE STAFF REPORT A• PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205-053, 4, 84, requiring a side yard setback of 5 feet from an attached garage. Public purpose served is to provide space between individual structures to reduce conflagration of fire, to provide access to the rear yard for emergencies and to limit the condition of crowding in the residential neighborhood. Ba STATED HARDSHIP: The garage I now have is too small and I would like room for another car. C. ADMINISTRATIVE STAFF REPORT: The proposed attached garage addition will be approximately 4 feet from the common property line. The neighbors detached garage is located 3 feet to the rear of the proposed addition's rear wall. The neighbors garage is 2.2 feet from the common property line- Note that if the petitioner's proposed garage were detached, he could build to within 3 feet of the common line*. Mr. Jensen, Mr- Holden, and the Appeals Commission discussed the plans that Mr- Jensen had with him- Mr. Jensen also indicated that he mainly wanted the addition for more storage space and workshop space. Mr. Barna wanted to know if Mr. Jensen did any kind of engine repair or body work in his garage. Mr. Jensen said that he did not- He only wanted the addition because he needed more space for a work bench and to store items- 93 REGULAR, REETING OF JM 20, 1977 Page Herrick stated. in talking to Mr. Robert Johnson of the County, he felt is wo d agreeable to the County Cav»ssioners arid suggested the City c" with Chet\qumti msissf=er. Mr. Mike O'Bannon. to make sure sue understandq hat the cityting to do. He stated Mr. Johnson did not see any legal roblea, but kould have it with the State Commissioner of Revenue. He felt, er. they would agrea valid public purpose and see the Council's intenti Mr. icated Mr. Johnson felt the County would sell lots to the City for the p 'ce. / Mayoti i� the selling price Would be estab shed. Mr. Herrick felt a al may be ane way. that is. Cicy buys from the County and sells thea for the sae ce or another that 41dbe for the City to have as independent appraisal. He elt this would be a Cy matter and not a legal question.. ayor Ree questioned if it wo d be necessary r the City to have an auction for these parcels. Mr. Herrick stated th is no r rent they be auctioned. Councilman Fitzpatrick questioned the ty were to release them, if the tots could be acquired from the County only through tio. to which Mr. Herrick answered in the affirmative. i-'. Alex Barna. 560 Hugo Street N ., telt is is one way to get rid of all the 40 foot or smaller lots in the Ci Mayor Nee requested Mr. Sta to submit his west in writing so the staff could research it and felt the . 1 should give sesee ught to this idea for the Conference Meeting and consider equitably handle this ter. Mr. Herrick sugges arotl.er decision the Council ray `sh to make is whether they wish to acquire m. rship of all Ute substandard lots or o acquire them one at a time. when there is soc interest shown by a potential buyer. Councilman Fi trick asked the location of this property. Stahlberg stated it is the wort! , corner of Fairmont and Riverview Terrace. N0. 655 - TO A.'E-0 CHAPTER 11 AMIigLiw MLLJ Ut J ALIthA71UA1: MOTIOA by Covncilw=an Ilukowski to waive the second reading of Ordinance No. arui adopt it on the second reading and publish. Seconded by Councilman Schneider. Upon a "ice vote, all "ting aye. Mayor Nee declared the motion carried unanimously. MIW;-A KO. 656 - REZONIFV. REQUEST, 70312 ORDINANCE 0ENMENT 201 f77-01. BY GARY C014SIDERATION OF A REQUEST FOR VARIANCES BY GARY PETERSON TO ALLOW COFiSnrxn m OF To FAi D I. t 'i 1 3 dDLOCK 2. P.Ei:jOLWR TER C1326-25Atj-T3W4—ro— 0R1(E r MOTION by Counciiman Schneider to ••sive the :'=r..i reading of Ordinance No. 656 and adapt It on tare second reading and pubrr,h. Seconded by Councilman Fitzpatrick. Upon x ,nice i vote, all "ting aye, Mayor Nee declared the motion carried unanimously. Mr. Sobiech, Public Works Director. explained this request is for a variance of the square footage requirements on Lots 3 and 4. Block 2. Mead Terrace. Ont lot %as 9.000 square feet and the other 9.600 square feet, therefore. they do rut meet the alnimaaa requirement of 10.000 square feet. A rariance is also requested to reduce the rear yard setback to 79 feet, instead of the required 30 feet. The Appeals Cemission considered this item at their meeting or. Pay i1, 1977 and recocaaended Ppproeal of the variance request. W 4vv 94 pEGULAR HEETIKG OF JUNE 20. 1977 Page 3 MgTIOp by Councilman Schneider to concur with the recommendation of the Appeals Commission and grant the variances requested. Seconded by Councilwoman Kukawski. idents °n Osburae Road and ;Ieadcwma°r Terrace are Councilman Schneider stated the res pibased with the compromise. UPONA carried unanimously.ICE VOTE TAKEN I THE l037T motionON. all voted aye. and Mayor Hee declared the CpNSI^ERATIOR OF AoPOINTHETJT TO EWIQO'4 HTAl ALIT1f C iI55Id'm (TAS ED 6/E/77� Mayor Mee called for nominations to fill this vacancy on the Envir°mental Quality Commission. Commis woman Krkowski to Dominate Mr. Dave Sabistina. Se=ded by by Council Councilman Fitzpatrick. MOTUN by COW"cilman Hamernik to rdnate Mr. Burt Weaver. Seconded by Councilman a Fitzpatrick. further no inations, the nominations were -then closed by Mayor Ree. There being 00 A ROLL CALL VOTE, Councilwoman Ku`m*ski, Councilman Schneider. Mayor Ree, and Councilman Fitzpatrick voted for Dave Sabistina and Councilman l antHa Emik voted for Burt Quality Weaver. sion Mayor Ree declared Dave Sabistina was appointed by a 4 to l vote. NEW _ESS: PdiS IN_..__........,intro n crrr[n"� 11.10 A'a license which reshi.eCityd on two ger. explain plainthed e sizis e of�the establisal to shmentandif�they have � entertis ainment or dancing. He sated these two items were Oaken into consideration in the changes Proposed in the liquor license fee schedule. Mayor Hee questioned if this material was circulated to the Present license holders for comment. ; City Clerk, indicated this was not cir•_ulated and that the Present Mr. counsell license solders would not be affected until May 1, 1978. Councilwoman Kukowski felt the Cou.1cil should have an indication from the business cc=nity on how the license holders felt about this proposal. Mayor Hee questioned if any Persons in the audience wished to count on the proposal. There was no response from anyone at the meeting. Mr. Qureshi stated the last charge in the fees was in 1973 and the change rend ed at this time is really not that great. Councilman Fitzpatrick stated the question came to his mind, this by uttso, ing a premiw on ould have space, it may -have the effect of reducing dining s,ace.food sales. Mr. more of a relaion of liquor Sal to City Atto Prrtre°yb.lStated if a establisthm+eet were to redu a the size of the dining area � and. add to. the bar area, it is still counted as one figure' ini should be fel Mr. Wyman Smith, 6441 University Avenue R.E.f�'the business tq se fees unless there government a purpose. He notified. He felt it is a big mistake to ra be i� better to decrease the fstoppingiuees instead oftioacreasirg themn is with and that iwould 6431 UNIVERSITY AVENUE Gary Peterson 1360 Osborne Road N.E. Fridley, Hn 55432 Dear Mr. Peterson: CITY COUNCIL ACTION TAKEN NOTICE .t { . i N.E., FRIDLEY, MINNESOTA 55432 TELEPHONE ( 612)571.3450 June 22, 1977 On June 20, 1977 , the Fridley City Council officially approved your request for variances for double bungalows on with the stipulations listed below. Lots 3 and 4, Block 2, Meadowmoor Terrace (Osborne Road N.E.) Please review the noted stipulations, sign the statement below, and return one copy to the City of Fridley. If you have any rues ions regarding the above action, please call the Community Development Office at 571-3450. JLB/de Stipulations: None %A. Sincerely, JERROLD L. BOARDMAN CITY PLANNER Concur with action taken. 4 Ll