VAR 07.71vffy
a
CITY OF FRIDLEY
- PETITION COVER SHEET
Petition No. 11-1972
Date Received . July 10, 1972
Object Set back variance from 35' to 251 was granted. Error on
oriainal survey and after resurveyed another variance was need of
_10 more feet. (Variance making front yard setback 15' plus 14'
in the boulevard.) 58 Rice Creek Way Northeast by DeGardn2r Realty
Petition Checked By Date
Percent Signing.
Referred to City Council
Disposition
e
De Gardner Realty
7950 East River Road
Fridley, Minn. 55432
Phone 786-1220
JULY 6, 1972
WE HEREBY AGREE TO THE LOCATION
OF THE HOUSE AT 58 RICE CREEK WAY
NE, BEING BUILT BY DEGARDNER CONSTRUCTION.
SIGNED=
Q
WE HEREBY AGREE TO THE ALTERNATE
PROPOSAL BY DEGARDNER CONSTRUCTION
OF THE DRIVEWAY ENTRANCE ON 66j
WAY NE FOR THE HOUSE AT 58 RICE
CREEK WAY NE.
SIGNED:
APPLICATION TO THE BOARD OF APPEALS AND CIZ°ii' coo ir,
FOR SPECIAL USE PERMIT, VARIANCE IN REQUIREM N -IS OF' ,
CERTAIN. ORDINANCES OF TO CITY OF FRIME'Y
(Applicant to complete items 1, 2, 3)
1. Name and Address of Applicant,
W626 - -
.2. Legal Description of Property (also gen ral location, such
east corner corner of 64th Avenues and 5th StreettO or 6115 fifth Street")
0
9. Describe the variance requested. (Attfth Plat or sarvwy of ftopart3'
_* showing location of proposed building, ate., alio ad,jolniag propartiea
and ownership within 200' of said property.)
4. Counts by administrative official denying original request for bulldins
permit or other permit. (To be completed by adwin!atrativa official.
Appropriate ord,i-ponces and section of ordinances to be cited.)
- 2 -
®Notice of Nearing appeared in Official Newspaper an the following
datest
(mot be at least once 10 days before meeting ®• copy of notice to
attached).
6. Board K@Wbers notified of meeting bye® a Ah ,r Q f, / 9 io-'/ .
(List MWbers, Date Notified, and AtYesO° or ° 01° for plans to mktan
hearing)® d
7.
py Pbme Notified by
Nam Date ®rte ilcx�iti
BOARD MWERS
- 3 -
OTHER PIES
10e For Above Recommendations
11® -lection by City Council and Date;
sinst•Recr endations
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,
May 9, 1972 to consider the following matter:
A request for variances of: Section 45.053,
4A, to reduce the front yard setback from
35 feet to 25 feet and Section 45.053, 4C,
to reduce the rear yard depth from 25 feet
to 12 feet, to allow the construction of a
dwelling And garage on Lot 6, Block 3,
Edgewater Gardens Addition, the same being
58 Rice Creek Way N.E., Fridley, Minnesota.
(Request by Mr. Robert DeGardner, 7950 East
River Road N.E., Fridley, Minnesota.)
Anyone who desires to be heard with reference to the above matter may
be heard at this meeting.
ROBERT A. MINISH
CHAIRMAN
BOARD OF APPEALS
A
OFFICIAL NOTICE
CITr OF FRIDLEY
PUBLIC HEARING
BEFORE THE
BOARD OF APPEALS
TO MM IT MAY CONCERN:
9MCE IS HSRBaY GIVER THAT.the Board of Appeals of the City of Fridley
will met in the Council..Chambea of the City Hall at 7:30 P.M. on Tuesday,
Moray 9, 1972 to consider the follming matter:
A request for vaziances of: Section 45.053,
4A, to raduce the front yard setback from
35 feet to 25 feet and Section 45.053, 4C,
to reduce the rear yard depth from 25 fact
to 12 feet, to allow the construction of a
dwelling and gasage on Lot 6, Block 3,
Edgewater Gardens Addition, the same being
5$ Rice. Creek Way N.E., Fridley, -Minnesota.
(Request by Mr. Robert DeGardner, 7950 East
River Road N.E., Fridley, Minnesota.)
Anyone who desires to be heard with reference to the above matter may
be hoard at this maotba.,
ROBERT A. MINISH
CHAIRM&N
BOARD OF APPEALS
The Minutes of the Board of IjLo is Xset&g& 2LA ril 25. 1992 Paae 2
Mr. Crowder said he was the one that wanted to table the request to find out if
there was a hardship involved and Mr. Julkowski has brought in the figures and
they did show hint that there was a difference between building an attached and
a detached garage. He said he would be in favor of the variance but he thought
the Board should require that applicant to get a maintenance easement of 2 feet
from the neighbor just in case the land was ever sold. Since the neighbor has
stated he doesn't have any objections to the variance he shouldn't mind giving
an easement for maintaining the garage.
Mr. Belisle stated the easement would not be legal unless it was filed by the
owner of the property and recorded with the County.
Mac. Harju stated he was against this variance. The request is for a double
garage that most of the people in this area have built in their back yarde and.
it is not a good idea to have a garage this close to the lot line. He felt a
detached garage would not be that such more expensive as you would be elimimtiag
the fireproofing that is needed in an -attached garage.
Mss. Wahlberg stated she would rather see the garage in the back yard but Otuce
the applicant has shown it would cost more for the extra drive, fill and blocks,
she would go along with the variance if a maintenance easement could be acquixed.
TION by Crowder to recomend to Council approval of the variance with, the
stipulations that:
I. When the request comes before the City Council the petitioner does have A
2 foot maintenance easement on the neighbors property.
2. The garage have gutters and a.downspout on the south side.
Seconded by Wahiberg. Upon a voice vote, Harju voting nay, the motion carried,
��Y _-_� _ . a � �' �-�! til' __� y :� r rill �: �1 � � '" �.1,�_ �u I► : • : 1 ,
�L$'� 7 moi:
The Rknutes ®f the Board ®f A��eals_ Meeting ®f April 25. 1972 Paste 3
*41
9
REGULAR COUNCIL MEETING OF MAY 15, 1972
PAGE 17
MOTION by Councilman Mittelstadt to receive the Minutes of the Building Standards
Design Control Meeting of May 4, 1972. Seconded by Councilman Breider. Upon a
voice vote, all ayes, Mayor Liebl declared the motion carried unanimously.
RECEIVING THE MINUTES OF THE BOARD OF APPEALS MEETING OF MAY 9, 1972
1 The City Engineer reported that Item #1, a variance requested by Dr. Kay
In
ebrigtsen, was tabled by the Board, so thele is no Council action.
A REQUEST FOR VARIANCES.OF: SECTION 45.053, 4A, TO REDUCE THE FRONT YARD
SETBACK FROM 35 FEET TO 25 FEET AND SECTION 45.053, 4C, TO REDUCE THE REAR
YARD DEPTH FROM 25 FEET TO 12 FEET TO ALLOW THE CONSTRUCTION OF A DWELLING
AND GARAGE ON LOT 6, BLOCK 3, EDGEWATER GARDENS ADDITION THE SAME BEING
58 RICE CREEK WAY N.E., FRIDLEY, MINNESOTA -(REQUEST BY MR ROBERT
DEGARDNER, 7950 EAST RIVER ROAD N.E., FRIDLEY, MINNESOTA):
Mayor Liebl said that he had received a call from Mr. Hamer who had some objection,
and asked to see a survey. The City Engineer brought a survey to the Council table
and there was some discussion with Mr. DeGardner at the table. Mayor Liebl asked
if this plan created a traffic problem in any way since it is a corner lot and
Mr. DeGardner replied no, there is no hazard. Councilman Mittelstadt commented
that there was some discussion about the drainage but he thought this was a
problem that should be worked out between him and the neighbor.
MOTION by Councilman Mittelstadt to approve the variances as requested by Mr.
Robert DeGardner. Seconded by Councilman.Utter. Upon a voice vote, all ayes,
Mayor Liebl declared the motion carried unanimously.
A REQUEST FOR A VARIANCE OF SECTION 45.053, 4B, 4, TO REDUCE THE REQUIRED
SUE YARD ADJOINING AN ATTACHED GARAGE FROM 5 FEET TO 2 FEET TO ALLOW AN
ATTACHED DOUBLE GARAGE TO BE BUILT TO REPLACE THE EXISTING DETACHED SINGLE
GARAGE THAT IS 2 FEET FROM THE LINE, LOCATED ON LOT 9, BLOCK 1, DONNAY°S
LAKEVIEW MANOR ADDITION, THE SAME BEING 5821 WEST MOORE LAKE DRIVE,
FRIDLEY, MINNESOTA. (REQUEST BY MR ARNIE MORRISON, 5821 WEST MOORE LAKE
DRIVE, FRIDLEY, MINNESOTA):
MOTION by Councilman Mittelstadt to concur in approval of the request for a
variance for Mr. Arnie Morrison. Seconded by Councilman Utter. Upon a voice
vote, all voting aye, Mayor Liebl declared the motion carried unanimously.
MOTION by Councilman Breider to receive the Minutes of the Board of Appeals
Meeting of May 9, 1972. Seconded by Councilman Utter. Upon a voice vote, all
ayes, Mayor Liebl declared the motion carried unanimously.
CONSIDERATION OF APPROVAL TO CONSTRUCT PHASE 2 & PHASE 3 OF AN INDUSTRIAL WARE-
HOUSE AND OFFICE BUILDING TO BE LOCATED AT 7850 AND 7880 BEECH STREET, REQUESTED
BY ALLAN ZEIS :
The City Engineer explained that this is part of a plan which was reviewed by
the Council on December 20, 1971. Phase.1 was approved and Mr. Zeis was under
the impression that he had received approval for Phase 2 & 3 also. His plans
for Phase 2 & 3 are basically a repeat of Phase 1 and he is asking that the
Council apgrQve his request subject to any stipulations the Building Standards
may wish to impose at thier meeting May 18th. This would save him about 3 weeks
as the next Council meeting is not until June 5th.
The Minutes of the Board of Appeals_ Meeting of 9� x.972 � e 2
Dr. Ingebrigtsen said it didn't seem fair, in view of the fact that be W44
granted the rezoning in 1966 and then in 1969 the change in restrictions
occurred. He said he doesn't have any assurance that if he had pla ov that
the request would be approved. He said he wanted to clear this variance
before he went to the expense of hiring an architect. Ue said he doesn't
want to make a move without being pretty sure he can build it,
Mr. Belisle said we wouldn't require complete architectural plans for the
Board, just a plot plan or a preliminary plan.
Chairman Minish added the plan should give the Board some idea of the square
footage of the building, number of employees, parking spaces and Several
layout,
ebrigtsen said he had been advised by City Hall to get same sort Of
plans before the mating but he thought he would clear this up first,
MMOR by Wahlberg to close the public hearing.
Seconded by Minish. Upon a voice vote, there being no nays, the motion GAITted.
WTION by Wahlberg: to table this request until a preliminary plot Plan to
submitted,
Seconded by Minish. Upon a voice vote, there being no naysi, the motion 049rled.
e r42� 1'm
is I TA , OR
Mir, DeGardner was present to present the request.
Chairman Minish stated this item was tabled to allow time for the now nvtiaag
to be sent out for the change in the rear yard setback.
Mr. DeGardner showed the board the new layout on the survey and the house
plans, Mr. DeGardner presented a picture of the lot and stated the n4tVX4
drainage of the lot is toward Rice Creek Way.
Mr, D, lumby, 40 Rice Creek Way, adjacent property owner, came forward tQ
discuss his drainage problem.
Mr, Wardner said he could put a Swale in the corner of both late and out
down the lot line between the lots about a foot. This would iwaprm the
drainage as there Lit a hump there now.
64
The Minutes of the Board of Appeals Meeting of = 9, 1972 page 3
Mr. Lumby said he would go along with the swale as it would help remedy the
drainage problem.
Mr. DeGardner said he didn't realize there was such a drainage problem until
he went out to the lot today.
Chairman Minish said that the Swale sounds like a good approach to the
problem.
Mr. L. Hammers 41 - 66k Way,, adjacent property owner, was also present to
discuss his objections. He objected to the garage being so close to hie
bedroom windows. He also said Mr. Lumby and himself had measured from the
curb to the driginal house location, 27.5 feet from 661 Way, and they found
the original house plan would not hinder the corner visibility as they had
suspected. He was in favor of the original location better than this
location.
Mr. DeGardner said he cbanged the location of the house because the
majority of the neighbors, at the last meeting, wanted it changed. The new
location of the garage will not be any closer to the lot line than the
original request. Now the house lines- up with Mr. Hammer's house and is
only a few -feet in front.of Mr. Lumbyle house and he felt it looks nice
this way.
Mr. R. Foster, 59 Nice Creek Way, house directly across street, said he felt
as far.as"the aesthetics, it looks better this way as it lines up better
with both houses, but he said this location takes away most of the ba4k yard.
Mr. Lumby said he personally likes the original plan, but he has no objeovious
either way.
Chairman Minish said that -since there was some discussion at the la#t MaetiV$
About the bad corner at nice Creek Way and 60 Way, he would recommeO th4t
the Council make a study about changing it.
14DTION by Wahlberg to close the public hearing.
Seconded by Minish. Upon a voice vote, there being no nay$, the MottQ'A 4arr#ad,
Mrs. Wahlberg said her feeling is to go along with the new prgposa% whtdt
Mr.. DeGardner drew up on the basis of the objections to his original proposal
by the property owners. He has made a distinct effort to accasedatO the
neighbors and he has resolved the drainage problem with Mr. Lumby,
MDT1oW by Wahlberg to recommend to the City Council approval Of 40;' s MONt
with the understanding that Mr. DeGardner make some arrangements with
Mr, Lumby about the drainage.
Seconded by Minish. Upon a voice vote, there being no nays, they motion carried,