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VAR 05.71s VIM 05. 71 9,71 APPLICATION TO THE BOARD OF APPEALS AND MV COMC1L FOR SPECIAL USE PERMIT, VARIANCE IN REQUIREMENTS OP" CERTAIW ORDINANCES OF THE CITY OF FRIDLEY (Applicant to complete items 1, 2, 3) �® Nae and Address of Applicant- 40-wl r/aIDLE1, AJ iad .2. legal Description of Property la so general locaticn, such ns.'noath- east comer of 64th Avenues and Sth Street6° or 6415 fifth Street") B ®%^ /�� a� �� v�� �D� �9�1T! off. 3. Describe the variance requested. Much Plat or Suzy of o" ty showing location of proposed builftng, etc., a1io adjoining properties and ownership within 200' of said property.) -'T r / d\ 4. Cos nts by administrative official denying original request for buildinj permit or other permit. (To be ccmpleted by admin'_e;trativa ofiiciHl. Appropriate ordinances and section of ordinznc8s to be cited.) 6P_ I S. W®ties of Hearing dates s t be at least attached) 2 in official Newspaper an the following 6. Board Newbers ii®tified ®f meeting by • 8. /9/)/ (List Mwbero, Date Notified, and "Too" W to tam hearing), a RUN, ....................... OTHER PARTIES: NAME ADDRESS ew^cd 9® opinions and recommendations by BOARD OF APPEALS: 0 Mainst-Recommendations -Ar The Board of Appeals Minutes of Ma 25. 1971 page 3 Mr. Sondheimer asked if there will be enough space for a single car garage? Mr. Mattson stated they could get a garage on the lot. Acting Chairman Ahonen asked Mr. Lindgren if he was interested in buying this lot? Mr. Lindgren said he would be interested but not at the price Mr. Casserly is asking for it. He continued when he bought his land, the blacktop was on part of Mr. Casserlyls land and he took it for granted all of the blacktop went with the double bungalow. He said he did not think there should be a house built on this lot as it is not large enough and it would be to close to his double bungalow. There was a discussion between Mr. Mattson, Mr. Casserly and Mr. Lindgren about buying the lot. HOTION by Harju to close the public hearing. Seconded by Drigans. Upon a voice vote, there being no nays, the motion carried. ON by Sondheimer to table this item until the dune 15, 1971 meeting to allow the two parties to get together about buying the lot. TION died for lack of a second. MDTION by Harju to recommend to the Council denial of this request due to the fact the dwellings would be laid to close together and because the owner, realizing that this lot was a non -conforming lot prior to the tornado, had the right to build right after the tornado and he did not do so. Mr. Casserly said he has stated before the reason he did not build right after the tornado was because of the trouble with his insurance company. WTION died for lack of a second. ®N by Drigans to recomand to the Council approval of the variance as: Mr. Casserly has lived on this property, he is the owner of this property, he had the water and sewer put into this lot, it sounds like there were some extenuating circumstances when he bought another house which is irrelevant, he wants to improve the property and we have granted variances like this in the past so we would not be setting a precedent. Seconded by Sondheimer. Upon a voice vote, Rarju voting nay, the motion carried. 1. a �:: C1' fl}. � ,' 'C. 1 �...- � :' fn1 1 ■' a! l:� � 1;�. M 1 '�• 1 1 1 � 1 '� DIS, The Board of Appeals Minutes of May 25, 1971 Page 4 Mr. Lewis L. Farr was present to present the request. Mr. Farr explained the present garage is a tuck under facing west and it is the only basement area under the house. With the addition of the proposed garage, which will face south, the present garage will be reverted back to basement area. This lot has a 10 foot street easement running along the south lot line which makes it necessary to refer to this lot as a corner lot. This street easement is the entrance to City park land and also has always been used as the driveway for this dwelling. Mr. Farr stated he had talked to the Park Director who stated the City has no plans, as yet, to develope this park. Mr. Sondheimer asked Mr. Bagstad to find out the legal standpoint on: If an easement is used as a driveway for many years, is it then considered the legal access to the house. Mr. Bagstad answered that he didn't know whether it would be or not but that he would find out. Mr. Farr stated if the easement wasn't there he would be 12 feet from his lot line and wouldn't need to appear before this Board. MOTION by Drigans to close the public hearing. Seconded by Harju. Upon a voice vote, there being no nays, the motion passed. MOTION by Harju to recommend to the Council approval of the variance to reduce the setback on the garage from 25 feet to 2 feet from the street easement for the following reasons: 1. A hardship is caused due to the shape of the lot and due to the fact that it is necessary to use the street easement as a road. 2. This easement has been used for over 10 years as the road access to this dwelling. Seconded by Sondheiner. Upon a voice vote, there being no nays, the motion carried unanimously. ADJ The meeting was adjourned by Acting Chairman Ahonen at 9:00 P.M. Respectfully submitted, Y)n QJjA C9 MARY HINTZ Secretary r 0 P I v ?' , 0 A 0 8 j -k rd v i I N 3 N 1011 9 IV jJ' NOILVDC' 9HI JO -INV zg 3HI AO jAmns V, jo NC� I -V -i -N d3d ID3ad(DD (JN 3(;b1si s�,j iVIII AA:163J A93d4F1 3,'A ri ro4vviawlivy - VF SNI 'S /1P - 0 9 5 , - 0 k"1-1 0-1 Aj Af ri ro4vviawlivy - VF SNI 'S /1P - 0 9 5 , - 0 k"1-1 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 259 1971 to consider the following matter: A request for a variance of Section 45.053, 4B, Subparagraph 4b, Fridley City Code, to reduce the side yard setback requirement for an accessory building on a corner lot from 25 feet to 2 feet to allow the construction of a garage on Lot 10, Block 1, River Edge Addition, the same being 157 River Edge Way N.E., Fridley, Minnesota. (Request by Mr. Lewis L. Farr, 157 River Edge Way 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 f f� OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING • BEFORE THE BOARD OF APPEALS TO WHOM IT MAY CONCERN: NOTICE IS H:REBY 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 25, 1971 to consider the following mattor: '. A request for a variance of Section 45.053, 4B, Subparagraph 4b, Fridley City Code, to reduce the side yard setback requirement for an accessory building on a corner lot from 25 feet to 2 feet •to allow the construction of a garage on Lot 10, Block 1, River Edge Addition, the same being 157 River Edge Way N.E., Fridley, Minnesota. (Request by Mr. Lewis L. Farr, 157 River Edge r. Way N.E., Fridley, Minnesota.) Anyone who desires to be heard with reference to the above matter may be heard at this meeting. d 4 N ROBERT A. MINISH CHAIRMAN BOARD OF APPEALS June 15, 1971 Mr. Lewis L. Farr 157 River Edge Way N.E. Fridley,Minnesota Dear Sir: ! The City Council of the City of Fridley will be discussing your request again on Monday evening, June 21, 1971. Your attendance would be appreciated. Sincerely, 1�' PETER J. HERLOFSKY Planning Assistant f4 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 25, 1971 to consider the following mattor: A request for a variance of Section 45.053, 4B, Subparagraph 4b, Fridley City Code, to reduce the side yard setback requirement for an accessory building on a corner lot from 25 feet to 2 feet -to allow the construction of a garage on Lot 10, Block 1, River Edge Addition, the same being 157 River Edge Way N.E., Fridley, Minnesota. (Request by Mr. Lewis L. Farr, 157 River Edge Way 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 CRAIP14M BOARD OF APPEALS June 15, 1971 Mr. Gerhard Pragel _. . 152 River Edge Way N.E. Fridley, Minnesota Dear Sir: The City Council of the City of Fridley will be discussing the request noted above on the Monday of June 21, 1971. I informed you of this by telephone, and I am sending this letter as a reminder. Your attendance would be appreciated. Sincerely, PETER J. HERLOFSKY Planning Assistant APPLICATION TO TME BOARD OF APPEALS AND CTTY CGlWILp 6- FOR SPECIa USE PERMIT, VARIANCE IN REQUIREMNIS OF CERTAM ORIDINAMCES OF THE CITY OF PUIME'Y (Applicant to 1. Name and Address of Applicant items 1, 2, 3) Z_ 6P ia, /Q7 2. Legal Description of property (also geneal locaticn, such as! north- east corner of 64tH Avenues and 5th StreettO or 6415 fifth Street") 3. Describe the variance requested. (Atrach Plat or Sarveey of Froytrty showing location of proposed buildL", etc.. aloo ad,jolniag pYopatties and ownership within 200' of said property.) n A_jdlD) t n,& Al. _An4-9,Aglo %0Anoa/na An_e-A '_0,/YZ"aAnms7si �1; }�u-�-2-✓� ��1 cam. 4. Cents by administrative official denying original request for buildinj permit or other permit. (To be completed by adwin'-atrativa officiAl. Appropriate ordinnnces and section of ordinances to he cit.23,) Se Notice of Nearing appeared dates: A (must be at least once 10 attached). - 2 . Official Newspaper on the following meeting -- COST of notice to 6® Board Members notified of meeting by . (List Members, Date Notified, and "Yea00 or "Nd' or piano to attaW hearing). m Date Lien -to Amend 7oPerson making appeat nA the fall* property o ears having property within 200, aotig saw Date l 3 - OTHER PARTIES: NAME ADDRESS 9. Opinions and recommendations by BOARD OF APPEALS: 10, For Above Recommendations Against•Recommendations ll,'kction by City Council and Date: REGULAR COUNCIL MEETING OF JUNE 7, 1971 PAGE 18 Councilman Breider felt that there were problems here that should be resolved. The use of a common driveway is all right if the neighbors get along all right, but if one of the houses were sold, there could be problems. Mayor Kirkham suggested laying this over and asking Mr. Farr to cane before the Council and discuss alternate plans. MOTION WITHDRAWN by Councilman Liebl, with the agreement of the seconder. MOTION by Councilman Kelshaw to receive the Minutes of the Board of Appeals Meeting of May 25, 1971. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RECEIVING THE MINUTES OF THE PARKS AND RECREATION MEETING OF APRIL 26, 1971: MOTION by Councilman Liebl to receive the Minutes of the Parks and Recreation Commission Meeting of April 26, 1971. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. RECEIVING THE MINUTES OF THE FRIDLEY HUMAN RELATIONS MEETING OF APRIL 28, 1971: MOTION by Councilman Liebl to receive the Minutes of the Fridley Human Relations Meeting of April 28, 1971. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RECEIVING THE BIDS AND AWARDING CONTRACT - SPRINKLER AND IRRIGATING SYSTEMS: (Bids Opened at 11:00 A.M., June 4, 1971) CIVIC CENTER: Bidder Cash Price Completion Date Material Supervisor Trencher Tamper Metro Engineering $1,655.00 $13.50/hr. ,$350.00 $125.00 So days from award NOTE: Metro has tied thertr Civic Center Bid to the Coamions Park Bid below. Minnesota Toro Company THE COMMONS PARK% Bidder Material NO BID Cash Price Supervisor Trencher Tamper Completion Date Metro Engineering (Electric) $14,980.00 $13.50/hr. $350.00 $125.00 30 days from award (Manual) $111040.00 $13.50/hr. $350.00 $125.00 30 days from award Alternate $ 3,480.00 NOTE: Alternate includes wiring for later conversion to electric system. Minnesota Toro (Hydraulic) $ 9,865.00 $ 9.50/hr. $ 40.00/hr. -- 30 days from award 0 REGULAR COUNCIL MEETING OF JUNE 7, 1971 PAGE 17 right to try to develop his property. He must realize that this is a sub- standard lot. Mr. Casserly said that it was approved by the Board of Appeals. NOTION by Councilman Liebl to concur with the recommendation of the Board of Appeals and grant the area variance requested by Mr. John Casserly, with the stipulation that he is to bring in a survey. Mayor Kirkham told Mr. Casserly that when he has his lot surveyed, he should have the placement of the house shown on the lot. The City Engineer added that it would be well to tie in the double bungalow also. Councilman Harris asked which way the house would face. Mr. Casserly said it would face 56th Avenue. Councilman Harris said that it would not meet the sideyard requirements either, and he would need more variances. Councilman Liebl felt that when the owner of the double bungalow finds out how close the house would be, he would buy the other half of the lots. Mr. Casserly said that the problem is that the owner of the double bungalow wants to pay too little for the land. Councilman Harris said that the proposed house is 24' X 40' and with the 351 setback, this would leave a•substandard setback in the back yard. He said that he could not see that this would be a good plan. Mr. Casserly explained that he had lived there for six years, then the tomnado came, then he was in the hospital for some time, and he had trouble with his insurance company. He just wants to find out.what he can do with this property. Councilman Breider said before he can get a building permit, the plans for the house will have to come back before the Council. The City Engineer said yes, and there will also be more setback variances required. Mayor Kirkham said that he would hate to give Mr. Casserly false encouragement by approving the area variance now, then turning down the building permit. To allow a building now would compound the error. Councilman Breider asked what was the setback for the double bungalow. The City Engineer said about 17 feet. THE NOTION seconded by Councilman Breider. Upon a voice vote, Liebl and Breider voting aye, Kirkham, Harris, and Kelshaw voting nay, Mayor Kirkham declared the motion FAILS. A RE VEST FOR A VARIANCE OF SECTION 45.053, 4B, SUBPARAGRAPH 48, FRIDLEY CITY CODE, TO REDUCE THE SIDE YARD SETBACK REQUIREMENT FOR AN ACCESSORY BUILDING ON A CORNER LOT FROM 25 FEET TO 2 FEET TO ALLOW THE CONSTRUCTION OF A GARAGE ON LOT 10, BLOCK 1, RIVER EDGE ADDITION, THE SAME BEING 157 RIVER EDGE WAY NE, FRIDLEY, MINNESOTA. (REQUEST BY MR. LEWIS L. FARR, 157 RIVER EDGE WAY iJz. g- FRIDLEY, Knimsom :__ The City Engineer said that this variance is for a side yard to construct a garage. "There is a tuck under garage which Mr. Farr wants to convert into base- ment area. west of this property the City owns park property. He then passed out a certificate of survey to the Council and showed the area on the overhead pro- jector. Councilman Harris said that this is to be a 24' X 34' garage. He asked how he gets service to his garage. The City Engineer said that he uses an easement as a driveway. NOTION by Councilman Liebl to concur with the Board of Appeals and grant the variance. Seconded by Councilman Kelshaw. REGULAR COUNCIL MEETING OF JUNE 21, 1971 PAGE 5 ORDINANCE #481 a AN ORDI,NXNCE AMENDING CHAPTER 28 OF THE CITY CODE RELAWNG TO THE CONTROL AND PREVENTION OF TREE DISEASES: MOTION by Councilman Breider to adopt Ordinance #481 on second reading, waive the reading and order publication. Seconded.by Councilman Harris. Upon a roll call vote, Liebl, Harris, Breider, Kelshaw and Kirkham voting aye, Mayor Kirkham declared the motion carried unanimously. CONSIDERATION OF A REQUEST FOR A VARIANCE OF SECi'ION 45.053, 4B,_FRIDL_EY CITY CODE, TO REDUCE THE SIDE YARD SETBACK REQUIRF2IEN.T FOR AN ACCESSORY BUILDING ON A CORNER LOT FROM 25 FEET TO 2 FEET TO ALLOW THE C01,TSTRUCTION OF A CARAGE ON LOT 10, BLOCK 1, RIVER EDGE ADDITION, BY LEWIS L. FARR: (Board o'A Appeals Minutes, Tabled 6-7-71) P The City Engineer said that there is a public easement to the park property located to the west. Councilman Harris said that the Ordinance provides that there be a hard surface driveway out to the street. Where was a considerable discussion at the Council table between the petitioner, the property owner to the south, the Council and the Administration. Councilman Harris said that the City Engineer would come out and set up the guidelines to follow for the Farr's. NOTION by Councilman Breider to approve the variance requested contingent upon their working with the City Engineer on the easement to define the driveway within the right of way. Seconded by Councilman Kelshaw. Upon a voice vote, all voting aye, Mayor Kirkham declared . the motion carried tin us ly . IN THE Ate: IM 1:1 The City Engineer said that to be found in the Council Agenda are letters to Mr. Mortenson and the -businesses in the area containing the basic conditions he has agreed to. Some of the cleaning up of the trash has been done, and he has done some mowing. He said he talked to him today and Fes'. Mortenson hoped to have the major portion of the work completed by next week. The City Engineer supplied the Council with copies of a letter ,from Sp9ady Car Wanh that outlines the items they feel Skywood Mall should -complete according to their lease. LOTION by Councilman U*eb-1 to receive the report by the City Engineer and.the letter from New Highland Cay' Wash, dated June 15, 1971. Seconded by Councilman Breider. Upon a voice vote, all voting aye,.Mayor Kirkham declared the motion carried unanimously. Councilman Harris asked for a follow-up the first meeting in July. ]RECEIVING REPORT REGA=WG DR&INGE SYSTEM ALONG CMMML AVENiJE 02. 1 CHP G LOT: The City Engineer reported he had r—st With the Parks wid Recreat'on Director and weir recd sendation is found in th3 m orandm to the Council Nhzn�bax CH 471-07 dated June 21, 1971. If they Council concern, they will Proceed with the piping. There is about 400' of pipe involved. THE MINUTES OF TEX REGULAR COUNCIL MEETING OF AUGUST 16, 1971 PLEDGE OF ALLEGIANCE: Mayor Kirkham lest the Council and the audience in saying the Pledge of Allegiance to the Flag. INVOCATION: Reverend Hergren, Redeemer Lutheran Church off the Invocation. Mayor Kirkham called the Regular Council Meeting of August 16, 1971 to order at 7850 P.M. MEKSERS PRESENT: Harris, Breider, Kirkham, Liebl MEMBERS ABSENT: Kelshaw APPROVAL OF THE MINUTES OF THE REGULAR COUNCIL MEETING OF AUGUST 2, 19719 MOTION by Councilman Liebl to adopt the Minutes of the Regular Council Meeting of August 2, 1971, as presented. Seconded by Councilman Kreider. upon a voice vote, all ayes, Mayor Kirkham declared the motion carried. AppRg L OF THE MINUTES OF THE SPECIAL PUBLIC HENgING MEETING OF AUGUST 9, 1971: MOTION by Councilman BWeider to adopt the Minutes of the Special Public Hearing Meeting of August 9, 1971 as submitted. Seconded by Councilman Liebl. Upon as voice vote, all ayes, Mayor Kirkham declared the motion carried. ADOPTION OF AGENDA: Mayor Kirkham said the following items are to be changed: Tabled Item #3 (1972 Budget) to September 20th. Item -#4 (fterican Oil reaching and special use permit request) to August 30th. . Item #16 Resolution holding Lot 30, Block 11, Hyde Park Addition for City Park purposes.. Adds To Licenses: Solicitor's License for Dava Valley Memwial Park. BION by Councilman Uarri$ to adopt the Agenda as amended. Seconded by Councilman Breider. Upon a twice vote, all ayes, Mayor Kirlshm d�olared the motion carried. VISITORS: Mr. Lewis Farce 157 Mme2glLe Na N.E. Mr. parr said in June he submitted an application for a variance to build a garage. The request was granted with certain restrictions which he did not feel he could accept. He said be would like to submit a new plan for his REGULAR COUNCIL MEETING OF AUGUST 16e 1971 PAGE 2 garage. He has talked tq both his neighbors on both sides and has a signed letter of no objection. He.came forward and presented the letters to the Council. MOTION by Councilman Liebl to receive the letters of no objection submitted by Par. Lewis Farr. Seconded by Councilman Braider. Upon a voice vote, 911 ayes, Mayor Kirkham declared the motion carried. Mr. Farr continued that the new location would not interfere with the easement at all, but he.would still need a 3' variance. He plans on building a 16' X 241 gavage. Th® C#y Engineer said that Mr. Farr has discussed his plans with him, and he a4vised him to get the. letters stating no objection from the neighbors. The driveway to the park would be maintained. The problem with the previous plan was haat he would have to trespass on his neighbor's land. Councilman Harris asked him if he planned on putting in a hard surface driveway and Mr. Farr replied yes. Councilman Braider commented, after looking over the plan at the Council table, that this appears to be the sort of a plan the Council had in mind at the original discussion. NDTION by Councilman Braider to grant the 3' variance as requested by Mr. Lewis Farr and allow Mr. Farr to build his garage according to the ply submitted August l6, 1971. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. The City Assessor showed the location of the ifMproVemant on the overhead screen and the Finance Director said the project consists of three parts: for the storm sewer the rate is $2.86 per 100 square feet, for the sanitary sewer the rata is $16.48 per front foot and also included in the project is a sewer repair job on Gardena Avenue that amounted to $10,237.19, but that amount is to be charged to the utility fund. BION by Councilman Harris to close the public hearing on Improvement Project #100. Seconded by Councilman Liebl for discussion. councilman Liebl asked the City Engineer if the prices are consistant with those charged in other areas. The City Engineer said these facilities were put in basically to serve the Anderson Development plat. There are already facilities on the east side of Central so 100 to be charged to the property on the west side, with this in mind, yes, the rate is consistant. THE VOTE upon the motion,'being a voice vote, all ayes, Mayor Kirkham declared the motion carried, and the hearing closed at 8:02 P.M. Mt.NymanSmith reported that viking Chevrolet was not able to get approval of the site along University Avenue from Detroit. They hav4 now signed and entered into a purchase agreement for the property where Edison Hams is located and thein request for a special use permit will be before the Planning Commission August lith and their report and re titin should be before the Council on August 30th. / -7 7 ,•K J 7 C. R. WINDEN & A,SSOCI:� ES, INC.- 0 NC.- T w1 d 9 (7 a n f e lt 1'' * �� a! T-' ri p p 1 H ri i{ 1,nnS0t.9 WE HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT REPRESENTATION OF A SUR EY OF THE BOUNDARIES OF THE LAND ABOVE DESCRIBED AND OF THE LOCATION OF All BUILDIr ,S, IF ANY, THEREON, AND ALL VISIBLE ENCROACHMENTS, IF ANY, FROM OR ON SAID LAND Dated this 29 day of 4 //i A, D. 1971 C. R. WINDEN & ASSOCIATES, INC. Y Surveyor, Minnesota Registration No 7726