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VAR 01.84r I In]"Or" 6431 UNIVERSITY AVENUE GN.E., FRIDLEY, MINNESOTA 55432 AMENDED NOTICE OF PUBLIC HEARING TELEPHONE ( 612)571-3450 January 20, 1984 Notice is hereby given that the Appeals Commission of the City of Fridley will conduct a Public Hearing in the City Council Chambers at 6431 University Avenue Northeast at 7:30 p.m. on Tuesday, January 31 1984 in regard to the following matter: Request for variance pursuant to Chapter 205 of the Fridley City Code, to reduce the required lot width from 75 feet to 73 and 74 feet and to reduce the average front yard setback from 107 feet to 50 feet, all located on lot one (1) through fifteen (15), inclusive, block one (1), Irvington Addition, except that part platted as Heather Hills, including adjacent one-half (1/2) of alley and all of adjacent Colfax Street as platted, now vacated, according to the recorded plat thereof, except parcels 1860 and 1870 and except that platted as Rice Creek Second Addition, the same being 1450, 1490, and 1500 Rice Creek Road N.E. Notice is hereby given that all persons having an interest therein will be given the opportunity to be heard at the above time and place. PATRICIA GABEL CHAIRWOMAN APPEALS COMMISSION Note: The Appeals Commission will have the final action on this request, unless there are objections from surrounding neighbors, 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. A I;, STATE Or MINNESOTA CITY COUNCIL PROCEEDINGS COUNTY OF ANOKA CITY OF FRIDLEY 648289 In the Matter of variances for building sites at 1490 and 1500 Rice Creek Ro d N to r dur the VARIANCE required lot width from 79 fppt to Z3 and 74 feet, and treduce the from yard setback from 197 feet to 50 feet. Allan Singer�1450 Rice&ree"Qac2LEOwner The above entitled matter came before the City Council of the City of Fridley and was heard on the 27th day of February , 19 84. , on a petition for a variance pursuant to tFe City of •ri ey s Zo ing Ordinance, for the following described property: The Easterly 13 feet of Lots 1-15, Block 1, Irvington Addition, except that part platted as Heather Hills, including adjacent 1/2 of alley, along with vacated Colfa,& Street as platted, now vacated, along with the Westerly 27.16 feet of Lot 10, A.S. #22, except that part platted as Rice Creek Estates 2nd Addition, and IT IS ORDERED that a variance be granted as upon the following conditions or reasons: excepting parcel 1860 and 1870 See Council minutes of February 27, 1984 STATE OF MINNESOTA } COUNTY OF ANOKA ) ss. CITY OF FRIDLEY ) OFFICE OF THE CITY CLERK I, Sidney C. Inman, City Clerk for the City of Friley with an in for said City of Fridley, do hereby certify that I have compared the foregoing copy and Order granting a variance with the original record thereof preserved in my office, and have found the same to be a correct and true transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at the City of Fridley, !Minnesota, in the County of Anoka on the r / day of DRAFTED BY: i• b' 8+ ';� ��i City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 SIDNEY C. AN,�hOITY.-CLER. Variances are valid for a period of one year following.approV 1 antd`ghAll1 b - considered void if not used within that period. ( SEAL)' Li 3-0 - k-& M 20 IrokeT10Ck+. ; ►I• } PZ14100-4 ZA►O : ►It 41 WAN Mr. Flora, Public Works Director, stated this is a request for a lot split to make a new building site at 1 490 Rice Creek Road and, in conjunction with the lot split, sane variances are also requested. Mr. Flora stated the variances are to reduce the required lot width from 75 feet to 73 and 74 feet and to reduce the average front yard setback from 107 feet to 50 feet. Mr. Flora stated the Planning Commission and Appeals Commission considered the requests and no objections were made at either of these meetings. Mr. Flora stated the Commissions recon -ended approval with stipulations on the lot split. MOTION by Councilman Barnette to concur with the recommendation of the Planning Commission and approve lot split, LS #83-06 with the following stipulations: (1) a 15 foot bikeway/walkway easement along Rice Creek Road; (2) payment of the park fee; (3) all three lots must be recorded at Anoka County before any permits are issued, and (4) all street, sewer, and water assessments for the new lot be paid. Seconded by Councilman Schneider. Upon a voice -vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to concur with the recommendation of the Appeals Commission and approve the variance request to reduce the required lot width from 75 feet to 73 and 74 feet and to reduce the average front yard set back from 107 feet to 50 feet as requested by Mr. Allan Singer. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Qureshi, City Manager, stated he wanted to make sure Mr. Singer was aware of possible assessments for the road improvement, assessments for sewer and water, and payment of the park fee. Mr. Singer stated he understood there would be some assessments for the sewer and would like them deferred until the lots are built on and/or sold. Mr. Qureshi stated his major concern is that the City receive a letter from Mr. Singer indicating he is aware of the potential assessments on Rice Creek Road and that he passes this information on to whoever buys those lots. Mayor Nee felt this should be handled as a separate issue and for Mr. Singer to submit it in writing for action either by administration or, if necessary, the Council. ?MON by Councilman Schneider to receive the minutes of the Planning Commission meeting of February 8, 1984. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion declared unanimously. I!i-FICE OF COUNTY RECORIUEk STATE OF MINNESOTA, COUNTY OF ANOKh I hereby certify that the within instrib Ment was filed in this office for recoA an the JW J .D., 19 1190 .../—&clockAM., and was duly record93 Ul txx�k page r - R corder ay Deputy { e3 rpt Gi �� l e� # . PI . s Y# 19 9432 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF FRIDLEY In the Matter of variances for uildi tes__ CITY COUNCIL PROCEEDINGS a te., - S q �a Kira P VARIANCE anL o r duce t e Owner The above entitled matter came be ore the City Council of the City of Fridley and was heard on the 27th day of February 1984, on a petition for a variance pursuant to the City of ri ey s Zoning Ordinance, for the following described property: The Easterly 13 feet of Lots 1-15, Block 1, Irvington Addition, except that part platted as Heather Hills, including adjacent 1/2 of alley, along with vacated Colfag.Street as platted, now vacated, along with the Westerly 27.16 feet of Lot 10, A.S. #22, except that part platted as Rice Creek Estates 2nd Addition, and IT IS ORDERED that a variance be granted as upon the following conditions or reasons: excepting parcel 1860 and 1870 See Council minutes of February 27, 1984 STATE OF MINNESOTA ) COUNTY OF ANOKA ) ss. CITY OF FRIDLEY ) OFFICE OF THE CITY CLERK I, Sidney C. Inman, City Clerk for the City of Friley with an in for said City of Fridley, do hereby certify that I have compared the foregoing copy and Order granting a variance with the original record thereof preserved in my office, and have found the same to be a correct and true transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at the City of Fridley, Minnesota, in the County of Anoka on the , day of 19 DRAFTED BY: City of Fridley 6431 University Avenue N.E. -. Fridley, MN 55432 SIDNEY C. AN -,;CITY ,-CLERK "_• d Variances are valid for a period of one year following,appro.val and' -shall be considered void if not used within that period. ., V se ; (SEAL) STATE OF MINNESOTA CITY OF FRIDLEY In the Matter of a Lot—Lt L 1 #83-fl6Y'to make �b g �i es nex o 50 Rz,ce reek R�' oad ' 1 and 1500 Ricq Creek Road CITY COUNCIL PROCEEDINGS Allan Singer, 1450 Rice Creek ,RdMerr. E. PLAT/LOT SPLIT The above entitled matter came before the City Council of the City of Fridley and was heard on the 27th , day of February , 84 , on a petition for a plat pursuant to the City of Frid ey s Platting Ordinance, for the following described property- The Easterly 13 feet of Lot 1-15, Block 1, Irvington Addition, except that part platted as Heather Hills, including adjacent 1/2 alley and alont with vacated Colfax Street as platted, now vacated, along with the Westerly. 27.16 ft. of Lot 10, A.S. #22, except that part platted as Rice Creek Estates 2nd Addn. and excepting IT IS ORDERED that a•plat be granted as upon the following conditions orparcels 1860 and reasons: 1870. See Council minutes of February 27, 1984 STATE OF MINNESOTA ) COUNTY OF ANOKA ) ss. CITY OF FRIDLEY OFFICE OF THE CITY CLERK I, Sidney C. Inman, City Clerk for the City of Fridley with an in for said City of Fridley, do hereby certify that I have compared the foregoing copy and Order granting a plat with the original record thereof preserved in my office, and have found the same to be a correct and true transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at the City of Fridley, Minnesota, in the County of Anoka on the /,�( day of ,� J 19 %5 . DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 SIDNEY . INMAN, CIT CI:ERK e�'�OaepwPR9Tn' . A r ' — a •� t (SEAL) ~. . t s Fps { � • • �� � � � • 4 � • ■ _�� iii i. \�J� {��y \. 7_ I 0111011 Mr. Flora, Public Works Director, stated this is a request for a lot split to make a new building site at 1490 Rice Creek Road and, in conjunction with the lot split, some variances are also requested. Mr. Flora stated the variances are to reduce the required lot width from 75 feet to 73 and 74 feet and to reduce the average front yard setback from 107 feet to 50 feet. Mr. Flora stated the Planning Commission and Appeals Commission considered the requests and no objections were made at either of these meetings. Mr. Flora stated the Commissions recommended approval with stipulations on the lot split. MOTION by Councilman Barnette to concur with the recommendation of the Planning Commission and approve lot split, Ll #83-06'i!with the following stipulations: (1) a 15 foot bikeway/walkway _easemeerit along Rice Creek Road; (2)pa�ment of the park fee; (3) all hree dots mustThe reoor-cTed�a " (Anoka County, before any permits are issue —& `C4) -call-street; `sewer, arfid-' warmer assessments for the new lot be paid. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to concur with the recommendation of the Appeals Commission and approve the variance request to a required ot- width from 75 feet to 73 and- 74 et and to reducef� e a -,-ragefront yard-set�actc-from-07-feet t�0-feet as requested by Mr. Allan Singer. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Qureshi, City Manager, stated he wanted to make sure Mr. Singer was aware of possible assessments for the road improvement, assessments for sewer and water, and payment of the park fee. Mr. Singer stated he understood there would be some assessments for the sewer and would like them deferred until the lots are built on and/or sold. Mr. Qureshi stated his major.concern is that the City receive a letter from Mr. Singer indicating he is aware of the potential assessments on Rice Creek Road and that he passes this information on to whoever buys those lots. Mayor Nee felt this should be handled as a separate issue and for Mr. Singer to submit it in writing for action either by administration or, if necessary, the Council. MDTION by Councilman Schneider to receive the minutes of the Planning Cammission meeting of February 8, 1984. Seconded by Councilman Hamernik. Upon a voice.vote, all voting aye, Mayor Nee declared the motion declared unanimously. COUNCIL MEETING OF FEBRUARY 27, 1984 PAGE 12 � • • �� � � � • 4 � • ■ _�� iii i. \�J� {��y \. 7_ I 0111011 Mr. Flora, Public Works Director, stated this is a request for a lot split to make a new building site at 1490 Rice Creek Road and, in conjunction with the lot split, some variances are also requested. Mr. Flora stated the variances are to reduce the required lot width from 75 feet to 73 and 74 feet and to reduce the average front yard setback from 107 feet to 50 feet. Mr. Flora stated the Planning Commission and Appeals Commission considered the requests and no objections were made at either of these meetings. Mr. Flora stated the Commissions recommended approval with stipulations on the lot split. MOTION by Councilman Barnette to concur with the recommendation of the Planning Commission and approve lot split, Ll #83-06'i!with the following stipulations: (1) a 15 foot bikeway/walkway _easemeerit along Rice Creek Road; (2)pa�ment of the park fee; (3) all hree dots mustThe reoor-cTed�a " (Anoka County, before any permits are issue —& `C4) -call-street; `sewer, arfid-' warmer assessments for the new lot be paid. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to concur with the recommendation of the Appeals Commission and approve the variance request to a required ot- width from 75 feet to 73 and- 74 et and to reducef� e a -,-ragefront yard-set�actc-from-07-feet t�0-feet as requested by Mr. Allan Singer. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Qureshi, City Manager, stated he wanted to make sure Mr. Singer was aware of possible assessments for the road improvement, assessments for sewer and water, and payment of the park fee. Mr. Singer stated he understood there would be some assessments for the sewer and would like them deferred until the lots are built on and/or sold. Mr. Qureshi stated his major.concern is that the City receive a letter from Mr. Singer indicating he is aware of the potential assessments on Rice Creek Road and that he passes this information on to whoever buys those lots. 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C • •c Nw : NE ��--REMAwzMC Lor E �- r ;CoT o� 4` i 7 ' -73, 119, 52' NoRTN �lC E C 2E�k ROAC) /" = 110 CITY OF FA101_EY, SUBJECT 6431 UNIVERSITY AVE. NE. VVV FRIDLCY, MN. 6543a t6'12) 671-3450 VARIANCES ADDRESS N cf co.rr- e DATE APPEALS COMMISSION: APPROVED DISAPPROVED DATE 7 NO. CITY COUNCIL REVIEW:' REQUIRED: rYES CITY COUNCIL: APPROVED DISAPPROVED DATE � NO. STIPULATIONS: NAME A ki�E o' , 3 � FEErh RECEIPT No.� LOT NO. BLOCK NO. TRACT OR ADDITION LEGAL DESCRIPTION: 014d,41111 - VARIt,NCE•REQUEST(S): (Attach plat or survey of property showing building, variances, etc.. where applicable) %o 7-0 0 Section(s) of the City Code: .JCS t,= List specific hardship(s) which requires the variance(s): a p A41C Top 'i - a DATE—/Z-2-3,1K3 SIGNATURE ADDRESS �`7`-�� /�jG� ���1 acv TELEPHONE NO �� VARIANCES FOR CITY USE ONLY Board members notified of meeting by .lanuary17, 984 list aember— sa� date notified. and "Yes" or "to" for plans to attend hearing. i ' Patricia Gabel Name James Plemel Date • Plan To Attend Alex Barna r -Jean Gerou' Donald Betzold Person rbking appeal and the following property owners having property within 200 feet notified: Name By Whom Mr. Allan'Singer, 1450 Rice Creek Rd. 1-1 kt. Phone or Mail Notified M/M Hjalmer Anderson, 1491 Rice Creek Rd. Mr. Herbert Lennox, 1461 Rice Creek Rd. - M/M Scott Neuman, 1.501 Rice Creek Rd. M/M Raymond Williams 1521 Rice Creek Rd. M/M Willard Kastensen, 1541 Rice Creek Rd. M/M Lavern Friend, 1520 Rice Creek Rd. Mr. John Chies, 1530 Rice Creek Rd. M/M Eugene Schaefer, 6240 Kerry Lane " M/M Neal Lawson, 6291 Kerry Lane Mrs.Helen, Woodall, 6283 Kerry Lane M/M Thomas Fullen, 6275 Kerry Lane I ' M/M Gary Obrycki, 6267 Kerry Lane - M/M Andrew R. Evans, 6259 Kerry Lane M/M Edward A. Clark, 6251 Kerry Lane N �_ Item #2, January 31, 1984 ADMINISTRATIVE STAFF REPORT 1450 Rice Creek Road N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.073, 2, requires a minimum lot width of 75 feet for residential lots. Public purpose served by this requirement is to avoid the condition of over crowding of a residential neighborhood and to avoid an excess burden on the existing water and sewer services and to avoid reduction of surrounding property values. Section 205.044, 7, requires a minimum average front yard setback of 107 feet. Public purpose served by this requirement is to insure that any new structures do not greatly impede the front yard "line of sight" for the existing house sites. B. STATED HARDSHIP: "The topography (steep hill) of the lot and the existing house front yard setback of 116 feet necessitate variances to build on the new lot." C. ADMINISTRATIVE STAFF REVIEW: The adjacent structures within 100 feet of the lots in question have setbacks greater than 35 feet. When this situation exists, the required setback is 6 feet more or less than the mean depth. The mean depth in this instance is 113 feet, hence the minimum setback is 107 feet. Because of the steep topography, a 50 foot setback is more feasible. Furthermore, it allows a more desireable and useable rear yard. The lot widths, which are 73 and 74 feet, are the largest obtainable widths because of the location of the existing house. A 10 foot side yard setback (which is required by Code) leaves 147 feet - enough for two lots; one 74 feet and the other 73 feet. CITY OF FRIDLEY APPEALS COMMISSION MEETING, JANUARY 17, 1984 _ CALL TO ORDER: Chairperson Gabel called the January 17, 1984, Appeals Commission meeting to order at 7:40 p.m. ROLL CALL: Members Present: Pat Gabel, Alex Barna, Jean Gerou, Donald Betzold Members Absent: Jim Plemel Others Present: Darrel Clark, City of Fridley Allen E. Singer, 1450 Rice Creek Road N.E. APPROVAL OF NOVEMBER 29, 1983, APPEALS COMMISSION MINUTES: MOTION BY MS. GEROU, SECONDED BY MR. BARNA, TO APPROVE THE NOVEMBER 29, 1983, APPEALS COMMISSION MINUTES. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. REOUEST FOR VARIANC niLLwinu KuAu N.t. kKeques Fridley, MN. 55432) TO CHAPTER 205 OF THE FRIDLEY CITY CODE, RD SETBACK FROM 35 FEET TO 25 FEET; TO REDUCE FOR A DRIVEWAY FROM 5 FEET TO1 FOOT; AND TO NTING STRIP BETWEEN DIFFERENT ZONES TO 1 FOOT UADRANT OF INTERSTATE 694 AND TRUNK HIGHWAY EING 1239 1241 1245 1247 AND 1249 Mr. Allen Fehn, 1251, Hillwind Road N.E., The petitioner was not at the meeting. MOTION BY MR. BETZOLD, SECONDED BY MS. GEROU, TO OPEN THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC HEARING OPEN. Mr. Clark showed the Commission members a copy of the preliminary plat with the proposed buildings superimposed onto it. He stated a portion of the property is turnback property from the State Highway Dept. The petitioner is proposing to plat the whole thing and divide it into two parcels, one to go with the existing bungalow. Mr. Clark stated the petitioner is intending to take the turnback property, combine it with his property, and build one 6 -unit townhouse -type building and one double bungalow, bring a driveway in along the north property line, and place a storage/maintenance building in the northeast corner. APPEALS COMMISSION MEETING, JANUARY 17, 1984 PAGE 2 Mr. Clark stated the variances needed by the petitioner are: (1) to reduce the front yard setback by 10 ft. from 35 ft. to 25 ft.; (2) to reduce the distance to the driveway and the north property line from 5 ft. to l ft.; and (3) to eliminate the requirement of the 15 ft. planting/buffer strip around R-3 property. MOTION BY MR. BARNA, SECONDED BY MS. GEROU, TO TABLE ACTION ON THIS ITEM UNTIL THE JANUARY 31, 1984, APPEALS COMMISSION MEETING BECAUSE OF THE ABSENCE OF THE PETITIONER, AND TO REQUEST STAFF TO NOTIFY THE PETITIONER. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. REQUEST FOR VARIANCE PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY CODE, TO 11+3U 14yU, ANU 15UU KILt l.KttK KURU N.t. kKequest by Allan E. Singer, 1450 Rice Creek Road N.E., Fridley, M—.55432) The petitioner, Mr. Singer, was at the meeting. Ms. Gabel stated that, due to a misunderstanding of information, the public hearing notice was printed wrong. In the third line of the hearing notice, "60 feet" should be changed to "50 feet". She stated the public hearing notice would be republished, and action would be taken on this item at the Appeals Commission's January 31, 1984, meeting. She apologized for the misinformation and thanked Mr. Singer for coming to the meeting. ADJOURNMENT: MOTION BY MR. BETZOLD, SECONDED BY MS. GEROU, TO ADJOURN THE MEETING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON DECLARED THE JAN. 17, 1984, APPEALS C010ISSION MEETING ADJOURNED AT 8:05 P.M. Respectfully subm'tted, 14 XyvnPfiMy5aDa Recording Secretary City of Fridley AGENDA APPEALS COMMISSION MEETING TUESDAY, JANUARY 31, 1984 7:30 P.M. Location: Council Chambers CALL TO ORDER: ROLL CALL: APPROVE APPEALS COMMISSION MINUTES: JANUARY 17, 1984 REQUEST FOR VARIANCE'S PURSUANT TO CHAPTER 205 OF THE 1 VI\ I IIL 1\. 1..• �VIIL/1V ll\ 1 VI il\ 1 LI\V 1!l l L VJT !l1\'Y "` 11\VI\1\ 65 ON HILLWIND ROAD, THE SAME BEING 1239, 1241, 1245, Q 1249 HILLWIND ROAD N.E. Request by Mr. Allan Fehn, 11wind Road N.E., Fridley, MN 55432) REOUEST FOR VARIANCE PURSUANT TO ''CHAPTER 205 OF THE FIFTEEN (16), INCLUSIVE, BLOCK V, EXCEPT THAT PART PLATTED AS HEATHER F T ONE-HALF 1/2 OF ALLEY AND ALL OF AN 4S PLATTED, NOW VACATED, ACCORDING TO TF RE, EXCEPT PARCELS 1860 AND 1870 AND EXC CREEK SECOND ADDITION, THE SAME BEING 1 ,E CREEK ROAD N.E.(Request by Allan E. eek Road N.E., Fridley, MN 55432) JSINESS: Z ING JK LAT TTrn nger, 145U, CITY OF FRIDLEY APPEALS COMMISSION MEETING, JANUARY 17, 1984 CALL TO ORDER: Chairperson Gabel called the January 17, 1984, Appeals Commission meeting to order at 7:40 p.m. ROLL CALL: Members Present: Pat Gabel, Alex Barna, Jean Gerou, Donald Betzold Members Absent: Jim Plemel Others Present: Darrel Clark, City of Fridley Allen E. Singer, 1450 Rice Creek Road N.E. APPROVAL OF NOVEMBER 29, 1983, APPEALS COMMISSION MINUTES: MOTION BY MS. GEROU, SECONDED BY MR. BARNA, TO APPROVE THE NOVEMBER 29, 1983, APPEALS COMMISSION MINUTES. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. REQUEST FOR REQUI niLLWINU KURU N.t. kKequest by Mr. Allen Fridley, MN. 55432) The petitioner was not at the meeting. 205 OF THE FRIDLEY CITY CODE, FROM 35 FEET TO 25 FEE REDUCE n, 1251, Hillwind Road N.E., MOTION BY MR. BETZOLD, SECONDED BY MS. GEROU, TO OPEN THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC HEARING OPEN. Mr. Clark showed the Commission members a copy of the preliminary plat with the proposed buildings superimposed onto it. He stated a portion of the property is turnback property from the State Highway Dept. The petitioner is proposing to plat the whole thing and divide it into two parcels, one to go with the existing bungalow. Mr. Clark stated the petitioner is intending to take the turnback property, combine it with his property, and build one 6 -unit townhouse -type building and one double bungalow, bring a driveway in along the north property line, and place a storage/maintenance building in the northeast corner. APPEALS COMMISSION MEETING, JANUARY 17, 1984 PAGE 2 Mr. Clark stated the variances needed by the petitioner are: (1) to reduce the front yard setback by 10 ft. from 35 ft. to 25 ft.; (2) to reduce the distance to the driveway and the north property line from 5 ft. to 1 ft.; and (3) to eliminate the requirement of the 15 ft. planting/buffer strip around R-3 property. MOTION BY MR. BARNA, SECONDED BY MS. GEROU, TO TABLE ACTION ON THIS ITEM UNTIL THE JANUARY 31, 1984, APPEALS COMMISSION MEETING BECAUSE OF THE ABSENCE OF THE PETITIONER, AND TO REQUEST STAFF TO NOTIFY THE PETITIONER. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. REQUEST FOR VARIANCE PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY CODE, TO REDUCE THE REOUIRED LOT WIDTH FROM 75 FEET TO 73 AND 74 FFFT AND TO RFDur. 11+0u Oyu, A11U i5UU KILt LKttK KURU N.t. (Kequest by Allan E. Singer, 1450 Rice Creek Road N.E., Fridley, MN. 55432) The petitioner, Mr. Singer, was at the meeting. Ms. Gabel stated that, due to a misunderstanding of information, the public hearing notice was printed wrong.- In the third line of the hearing notice, "60 feet" should be changed to "50, feet". She stated the public hearing notice would be republished, and -action -would be taken on this item at the Appeals Commission's January 31, 1984, meeting. She apologized for the misinformation and thanked Mr. Singer-for''coming to the meeting. ADJOURNMENT: MOTION BY MR. BETZOLD, SECONDED BY MS. GEROU, TO ADJOURN THE MEETING. UPON A VOICE VOTE, ALL VOTING AYE,.CHAIRPERSON DECLARED THE JAN. 17, 1984, APPEALS C011MISSION MEETING ADJOURNED AT 8:05 P.M. Respectfully submitted, yn a a Recording Secretary CITY OF FRI®LEY 6431 UNIVERSITY AVENUE N.E.. FRIDLEY, MINNESOTA 55432 NOTICE OF PUBLIC HEARING TELEPHONE (612)STI-3450 January 20, 1984 Notice is hereby given that the Appeals Commission of the City of Fridley will conduct a Public Hearing in the City Council Chambers at 6431 University Avenue Northeast at 7:30 p.m. on Tuesday, January 17 ,1984 in regard to the following matter: Request for variance's pursuant to chapter 205 of the Fridley City Code, to reduce the required front yard setback from 35 feet to 25 feet; to reduce the required rear yard setback for a driveway from 5 feet to 1 feet; and to reduce the required 15 feet planting strip between different zones to 1 feet, generally Tocated on the N.E. quadrant of Interstate 694 and Trunk Highway 65 on Hillwind Road. Public Hearings on Preliminary Plat and Rezoning Request will be heard by Planning Commission on January 11, 1984. Notice is hereby given that all persons having an interest therein will be given the opportunity to be heard at the above time and place. PATRICIA GABEL CHAIRWOMAN APPEALS COMMISSION Item #1, January 17, 1984 ADMINISTRATIVE STAFF REPORT Lot 1, Western Ridge Estates (Hillwind Road) A. PUBLIC PURPOSE SERVED BY REQUIREMENT: ' Section 205.093, 4A, requires a minimum front yard setback of 35 feet. Public purpose served by this requirement is to provide desired front yard space to be used for green areas on access and to add to the attractability of a multiple dwelling zone. Section 205.095, 4, E3, requires parking areas to be setback 5 feet from any rear lot line. Public purpose served by this requirement is to separate parking areas with landscaped areas. Section 205.097, 4F, requires a 15 feet planting strip between multiple dwelling district and other residential districts. Public purpose served by this requirement to to provide a physical separation between districts to protect and conserve the character of any adjoining neighborhoods. B. STATED HARDSHIP: "The variances are needed because of the odd shape of the lot, the topography of the lot and because the driveway is in the rear yard." C. ADMINISTRATIVE STAFF REVIEW: This project requires several items that all will require City Council approval. First it must be platted, and since an appreciable amount of the plat is State Highway turnback property, the petitioner must negotiate with the City to obtain the excess right of way. Second, parts of the property are presently zoned R-2 and R-1 and therefore the petitioner has petitioned to have that part of the plat presently occupied by a two family dwelling zoned to R-2 and that part involving the construction of one two-family structure and one six -family structure zoned R-3. If the petitioner is successful in obtaining approval of the plat and rezoning, he will still need variance approval on three zoning setback requirements as outlined above. Therefore, the Board should act on the request for the variances only, and any recommendation for approval should be tied to the petitioner obtaining final approval of the plat and rezoning at the Council level. CITY OF FRIDLEY 8431 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA 55432 AMENDED NOTICE OF PUBLIC HEARING TELEPHONE ( 612)571-3450 January 20, 1984 Notice is hereby given that the Appeals Commission of the City of Fridley will conduct a Public Hearing in the City Council Chambers at 6431 University Avenue Northeast at 7:30 p.m. on Tuesday, January 31 1984 in regard to the following matter: Request for variance pursuant to Chapter 205 of the Fridley City Code, to reduce the required lot width from 75 feet to 73 and 74 feet and to reduce the average front yard setback from 107 feet to 50 feet, all located on lot one (1) through fifteen (15), inclusive, block one (1), Irvington Addition, except that part platted as Heather Hills, including adjacent one-half (1/2) of alley and all of adjacent Colfax Street as platted, now vacated, according to the recorded plat thereof, except parcels 1860 and 1870 and except that platted as Rice Creek Second Addition, the same being 1450, 1490, and 1500 Rice Creek Road N.E. Notice is hereby given that all persons having an interest therein will be given the opportunity to be heard at the above time and place. PATRICIA GABEL CHAIRWOMAN APPEALS COMMISSION Note: The Appeals Commission will have the final action on this request, unless there are objections from surrounding neighbors, 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 #2, January 31, 1984 ADMINISTRATIVE STAFF REPORT 1450 Rioe Creek Road N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.0730 2, requires a minimum lot width of 75 feet for residential lots. Public purpose served by this requirement is to avoid the condition of over crowding of a residential neighborhood and to avoid an excess burden on the existing water and sewer services and to avoid reduction of surrounding property values. Section 205.044, 7, requires a minimum average front yard setback of 107 feet. Public purpose served by this requirement is to insure that any new structures do not greatly impede the front yard "line of sight" for the existing house sites. B. STATED HARDSHIP: "The topography (steep hill) of the lot and the existing house front' yard setback of 116 feet necessitate variances to build on the new lot." C. ADMINISTRATIVE STAFF REVIEW: The adjacent structures within 100 feet of the lots in question have setbacks greater than 35 feet. When this situation exists, the required setback is 6 feet more or less than the mean depth. The mean depth in this instance is 113 feet, hence the minimum setback is 107 feet. Because of the steep topography, a 50 foot setback is more feasible. Furthermore, it allows a more desireable and useable rear yard. The lot widths, which are 73 and 74 feet, are the largest obtainable widths because of the location of the existing house. A 10 foot side yard setback (which is required by Code) leaves 147 feet - enough for two lots; one 74 feet and the other 73 feet. I^ I oc � o i o ' s � a N v i AP wo ski Ch S 1 I07 t t s z •.•V .. • •& Ik :11 U. -YO -1 -.7.1 - City of Fridley AGENDA APPEALS COMMISSION MEETING TUESDAY, JANUARY 31, 1984 7:30 P.M. Location: Council Chambers CALL TO ORDER: ROLL CALL: APPROVE APPEALS COMMISSION MINUTES: JANUARY 17, 1984 1. TABLED: REQUEST FOR VARIANCE'S PURSUANT TO CHAPTER 205 OF THE 15 RALLY HIGHWAY 65 ON HILLWIND ROAD, THE SAME BEING 1239, 1241, 1245, 1247, AND 1249 HILLWIND ROAD N.E. Request by Mr. Allan Fehn, 1251 Hillwind Road N.E. Fridley, MN 55432) 2. 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