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VAR 01-84or • CITY OF FAIOLEY, SUBJECT 6431 UNIVERSITY AVE. NE. VARIANCES FVVVVVFRIDLEY. MN. 55432 96127 S71-3450 ADDRESS ]U ISD DATE APPEALS COMMISSION: APPROVED DISAPPROVED DATE c — Y NO. CITY COUNCIL REVIEW: REQUIRED: AYES CITY COUNCIL: APPROVED DISAPPROVED _ DATE NO. STIPULATIONS: NAME R LCA L? F,K Pi 12 FEE 00 RECEIPT No. 0 �� LOT N BLOCK N0. TRACT OR ADDITION LEGAL DESCRIPTION: VARIANCE•REQUEST(S): (Attach plat or survey of property showing building, variances, etc., where applicable) Section(s) of the City Code: List specific hardship(s) which requires the variance(s): I C1 SIGNATURE- -Z4,1, VARIANCES � y a*r. �.` FOR CITY USE ONLY 'Board members notified of meeting by February 1.0, 1984 Alex R. Barna (Vice -Chair) _ list members. date notified. and "Yes" or "Ho" for plans to attend hearing. i ' Mame Patricia Gabel ma Gate* Plan To Attend Alex R. Barna (Vice -Chair) Donald•R. Betzold James Plemel Person making appeal and the following property owners having Property within 200 feet notified: Name By Whom • Date Phone or Mail Notified Richard Morkrid, 6461 Riverview Terrace N.E. 2-3-84 ..'Of Johnson, 6456 Riverview Terrace N.E. ' M Suzanne L. Koprowski, Riverview Terrace N.E. Fredric G. Foster, 6441 Riverview Terrace N.E. Chris P. Zelevarov, 160 Mississippi Place N.E. Penny M. Johnson, 140 Mississippi Place N.E. I pCITY OF FRIDLEY, COMMISSION APPLICATION MINNESOTA REVIEW FILE NOi AI�AE58 ��� FILE O/�' 3��� COMPLETE REVIEW CHECKLIST yi�o �u�,,�-' / d RETURN TO PLANNING DUE O/�n / 3� e ill Darrel Mark Al Y/Clycle ) 'a Jiohn .Leon CITY OF FRIDLEY APPEALS COMMISSION MEETING, JANUARY 31, 1984 F*CALL TO ORDER: Chairperson Gabel called the January 31, 1984, Appeals Commission meeting to order at 7:35 p.m. ROLL CALL: Members Present: Pat Gabel, Alex Barna, Jim Plemel, Donald Betzold Members Absent: Jean Gerou Others Present: Darrel Clark, City of Fridley Al Fehn, 1251 Hillwind Rd. N.E. Al Singer, 1450 Rice Creek Rd. N.E. Hjalmer and Ruby Anderson, 1491 Rice Creek Rd. N.E. APPROVAL OF JANUARY 17 1984, APPEALS COMMISSION MINUTES: MOTION BY MR. BETZOLD, SECONDED BY MR. BARNA, TO APPROVE THE JAN. 17, 1984, APPEALS COMMISSION MINUTES AS WRITTEN. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. TABLED: REQUEST FOR VARIANCES PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY CODE, TO REDUCE FRONT YARD SETBACK -FROM 35 FEET TO 25 FEET: TO REDUCE HE REQUIRED REAR YARD SETBACK FOR A DRIVEWAY FROM 5 FEET TO 1 FOOT: AND TO REDUCE THE REQUIRED 15 FEET PLANIING STRIP BETWEEN DIFFERENT ZONES TO OF T, GENERALLY LOCATED ON THE N.E. QUADRANT OF INTERS E69-4 ND'TRUNK 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 MOTION BY MR. PLEMEL, SECONDED BY MR. BARNA, TO REMOVE THE ABOVE ITEM FROM THE TABLE. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPEP.SON GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. Chairperson Gabel read the following Administrative Staff Report: 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. APPEALS COMMISSION MEETING, JANUARY 31, 1984 PAGE 2 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. S-ection 205.095, 4, E3, requires parking areas to be set back 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 is 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-2 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. Ms. Gabel stated the Planning Commission did recommend to City Council approval of both the plat and the rezoning. APPEALS COfflISSION MEETING; JANUARY 31; 1984 PAGE 3 Mr. Clark stated the petitioner, Mr. Fehn, was in the audience. {� Mr. Clark showed the Commission members a copy of the preli#inary plat with the proposed buildings superimposed onto it. Mr. Betzold stated that Mr. Fehn was asking for a variance for the driveway from 5 ft. to 1 ft. How steep was the drop going to be from where the cars would be driving to the other piece of property? His concern was that in the wintertime when there is poor visibility or slippery conditions that this could be a potentially dangerous situation. He would like to see some type of physical barrier or guardrail along the road in this area. Mr. Fehn was agreeable to that. Ms. Gabel asked Mr. Fehn to state for the record what his hardship was in terms of the variance to reduce the required 15 ft. planting strip between the different zones to 1 ft. Mr. Fehn stated the problem was that he had no other place to put the drive- way in order to make the proper clearance past the houses. He stated they are building on a hill that is virtually a 45 -degree angle. Mr. Barna stated the variance for the reduction of the planting strip from 15 ft. to 1 ft. sounded like the petitioner did not want to plant anything all the way around, but actually it is talking about an area of approx. 80 linear feet in the area where the driveway, due to the contour, comes to within a fot of the lot line. Mr. Fehn stated that was correct. He stated he plans to rent these new units for $600-700 per month per unit. In order to attract those types of renters, he is going to have to landscape and make the area aesthetically pleasing. MOTION BY MR. BARNA, SECONDED BY MP.. PLEMEL, TO CLOSE THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC HEARING CLOSED AT 8:05 P.M. Mr. Plemel stated he would be in favor of approving these variances. This property has been an eyesore, and this looked like a good plan for that area. Mr. Barna agreed that this looked like a good plan for the area. The Commissioners now understood that the variance for the reduction in planting area was only for an area of approx. 80 linear feet. With the discussion of recontouring, he was envisioning a 10-15 ft. retaining wall, but basically the wall was only going to be 1-2 ft. high. He could understand the necessity for the front yard setback from 35 ft. to 25 ft. Mr. Betzold stated he had no problem with the variances as proposed at the meeting. APPEALS COMMISSION MEETING, JANUARY 31, 1984 PAGE 4 2. Ms. Gabel stated, she also had no problem with the variances. This was a difficult piece of property to develop, and Mr. Fehn has worked to make the area aesthetically pleasing. MOTION BY MR. BETZOLD, SECONDED BY MR. BARNA, TO RECOMMEND TO CITY COUNCIL APPROVAL OF THE REQUEST FOR VARIANCE PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY CODE, TO REDUCE THE FRONT YARD SETBACK FROM 35 FT. TO 25 FT., GENERALLY LOCATED ON THE N.E. QUADRANT OF INTERSTATE 694 AND TRUNK HIGHWAY 65 ON HILLWIND ROAD, THE SAME BEING 1239, 1241, 1245, 1247, AND 1249 HILLWIND ROAD N.E. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION BY MR. BETZOLD, SECONDED BY MR. BARNA, TO RECOMMEND TO CITY COUNCIL APPROVAL OF THE REQUEST FOR VARIANCE PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY CODE, TO REDUCE THE REQUIRED REAR YARD SETBACK FOR A DRIVEWAY FROM 5 FEET TO 1 FOOT, GENERALLY LOCATED ON THE N.E. QUADRANT OF INTERESTATE 694 AND TRUNK HIGHWAY 65 ON HILLWIND ROAD, THE SAME BEING 1239, 1241, 1245, AND 1249 HILLWIND ROAD N.E., WITH THE STIPULATION THAT A GUARDRAIL BE INSTALLED AT ANY LOCATION WHERE THE RETAINING WALL EXCEEDS 30 INCHES IN HEIGHT. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION BY MR. BETZOLD, SECONDED BY MR. PLEMEL, TO RECOMMEND TO CITY COUNCIL APPROVAL OF THE REQUEST FOR VARIANCE PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY CODE, TO REDUCE THE REQUIRED 15 FEET PLANTING STRIP BETWEEN DIFFERENT ZONES TO 1 FOOT,.GENERALLY LOCATED ON THE N.E. QUADRANT OF INTERSTATE 694 AND TRUNK HIGHWAY 65 ON HILLWIND ROAD, THE SAME BEING 1239, 1241, 1245, AND 1249 HILLWIND ROAD N.E. THIS VARIANCE APPLIES TO THE APP2'_O,;IMATELY 80 LINEAR FEET AREA WHERE THE DRIVEWAY COPIES WITHIN 1 FOOT OF THE LOT LINE AND THE REST OF THE PROPERTY LINES THAT SEPARATE DIFFERENT ZONINGS WILL BE PLANTED WITH A LANDSCAPE PLAN APPROVED BY THE CITY. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. E I VARIANCE PURSUANT TO C ER 205 OF THE FRIDLEY CITY --- — vAl , a—r�v, �i'.v 'vvv ,�a va. VIAL LI\ f\V/'lV I\. L• an E. Singer, ice ree oa ri ey, n. ues 32) ION APPEALS COMMISSION MEETING, JANUARY 31, 1984 PAGE 5 MOTION BY MR. BARNA, SECONDED BY MR. PLEMEL, TO OPEN THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLAR#D THE PUBLIC HEARING OPEN AT 8:15 P.M. Chairperson Gabel read the Administrative Staff Report: 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 10 feet. Public purpose served by this requirement is to ensure 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. Ms. Gabel stated the Planning Commission did recommend to City Council the approval of the lot split. Mr. Clark showed the Commission members an aerial photo of the property. APPEALS COMMISSION MEETING, JANUARY 31, 1984 PAGE 6 Mr. Singer stated it was his plan to build a home for himself on one lot and sell the other lot. Both homes will be built with tuck -under garages to minimize the width on the lots. 4 MOTION BY MR. BARNA, SECONDED BY MR. BETZOLD, TO CLOSE THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC HEARING CLOSED AT 8:20 P.M. Mr. Plemel stated that since there were no neighborhood objections and these were very large lots, he would be in favor of approving the variances. MOTION BY MR. PLEMEL, SECONDED BY MR. BARNA, TO RECOMMEND TO CITY COUNCIL APPROVAL OF THE 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 THEREFORE, 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. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. Ie"1 10I110.1NIAlks MOTION BY MR. BARNA, SECONDED BY MR. PLEMEL, TO ADJOURN THE MEETING.. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE JAN. 31, 1984, APPEALS COMMISSION MEETING ADJOURNED AT 8:30 P.M. Res ctfully :7i temd, Lynne Saba Recording Secretary 5431 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA 55432 TELEPHONE ( 612)571-3450 AMENDED NOTICE February 3, 1984 NOTICE OF PUBLIC HEARING e is hereby given that the Appeals Commission of the City of Fridley conduct a Public Hearing in the City Council Chambers at 6431 University e Northeast at 8;Q0 p.m. on Tuesday, February 14 , 1984 in regard to the wing matter: Request for a variance pursuant to Chapter 205 of the Fridley City Code, to reduce the required side yard setback from 10 feet to 5.feet 8 inches, to bring an existing house into code compliance, located on Part of Lot 14, Auditor's Subdivision No. 23, the same being 6461 Riverview Terrace 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. City of Fridley AGENDA APPEALS COMMISSION MEETING TUESDAY, FEBRUARY 14, 1984 8:00 P.M. Location: Council Chambers (upper level) CALL TO ORDER: ROLL CALL: APPROVE APPEALS COMMISSION MINUTES: JANUARY 31, 1984 1. VARIANCE N.E. (Request by Minnesota 55432). 2. OTHER BUSINESS: ADJOURNMENT: PURSUANT TO CHAPTER 205'OF THE-FRIDLEY-CITY CODE, TO , b4b I Klvervlew terrace N. t. , ey, E CITY OF FRIDLEY APPEALS COMMISSION MEETING, FEBRUARY 14, 1984 CALL TO ORDER: Chairperson Gabel called the February 14, 1984, Appeals Commission meeting to order at 8:00 p.m. ani i rai i Members Present: Pat Gabel, Alex Barna, Jean Gerou, Donald Betzold Members Absent: Jim Plemel Others Present: Darrel Clark, City of Fridley Richard Morkrid, 6461 Riverview Terrace Albin Myslajek, 6430 Riverview Terrace Stan Lueck, 6471 Riverview Terrace Edward P. Fragale, 6480 Riverview Terrace Chris Jelevarov,6477 Riverview Terrace APPROVAL OF JANUARY 31, 1984, APPEALS COMMISSION MINUTES: MOTION BY MR. BARNA, SECONDED BY MR. BETZOLD, TO APPROVE THE JAN. 31, 1984, APPEALS COMMISSION MINUTES AS WRITTEN. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. VARIANCE REQUEST PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY CODE TO TO ►1.t. LKe uest by Richard Morkrid, 6461 Riverview Terrace N.E., Fridley, Minnesota 55432 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 AT 8:01 P.M. Chairperson Gabel read the following Administrative Staff Report: ADMINISTRATIVE STAFF REPORT 6461 Riverview Terrace N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.073, 4B, #1, requires a minimum of 10 feet between any living area and side property lines. f APPEALS COMMISSION MEETING, FEBRUARY 14, 1984 PAGE 2 Public purpose served by this requirement is to maintain a minimum of 20 feet between living areas in adjacent structures and 15 feet between garages and living areas in adjacent structures to reduce exposure to conflagration of fire. It is also to allow for aesthetically pleasing open areas around residential structures. B. STATED HARDSHIP: "Structure is existing incorrectly due to misinterpretation of property lines." C. ADMINISTRATIVE STAFF REVIEW: The petitioner's house was built in 1977. The 1977 plot plan indicated a 25 foot setback from the north property line. In 1980, the petitioner constructed a 14 foot addition to the north end of his existing house which should have resulted in an 11 foot setback from the north line (the original plan is shown in blue on exhibit #2). The original house apparently was placed 4 or 5 feet north of the original proposed location, thus the discrepancy in the setback off the north line. This error was not apparent until Mr. Jelevarov, the owner to the north, had a land survey made of his property. A field observation prior to the development of Mr. Jelevarov's property would have indicated the petitioner's northroperty line to be at or near the utility lines (as shown on exhibit #3). The petitioner was also maintaining this additional triangle. The new four-plex to the north is in excess of 30 feet north of the common property line. Therefore, the distance between the structures is at least 35 feet; this exceeds the distance required between non -fire - rated walls of structures. Therefore, if the Board approves this request, the staff has no stipu- lations to recommend. Mr. Clark stated that about a year ago, this was brought to the Appeals Commission at a public hearing when they were listening to a variance for Mr. Jelevarov's 4-plex to the north. It wasn't until that time that Staff realized there was some discrepancy about the side yard setback. Since that time, it has been decided that in order to clear the item off the pend- ing roles, it should be either acted on or corrected. That is the purpose of this public hearing. He stated the Administrative Staff Report basically gave the history of what happened after the house was built in 1977. Ms. Gabel asked the petitioner, Mr. Morkrid, if he would like to make a statement. Mr. Morkrid stated that when the contractor built the house, Mr. Morkrid had assumed the contractor had found the property stakes. They couldn't find the property stakes on the south side. The contractor sodded the lot I APPEALS COMMISSION MEETING, FEBRUARY 14, 1984 PAGE 3 according to the power lines. When Mr. Morkrid came in for the permit for the addition, he assumed the power lines were his property line, and then they found some other stakes 5-6 ft. to the south of the power lines and that was how the mishap occurred. Mr. Clark stated Mr. Morkrid met all code requirements in 1977 when the house was originally built. When Mr. Morkrid decided to add onto the house, he merely added 14 ft. to the drawing which still should have left 11 ft. to the property line, but because the house was moved 4-5 ft. to the north by,the contractor, it left only 5.8 ft. to the property line. He stated usually power lines follow lot lines. Mr.,Jelevarov stated he was the owner of the property to the north. He stated Mr. Morkrid's house should be about 10 ft. from the property line, and now it is about 5 ft. He stated right now the power lines are dangerous to his property. If anything should happen and a power line should fall onto h%s,property or the apartment porch, someone could get killed. Mr. Jelevarov stated he talked to NSP to move the power lines so they would follow along the property line. NSP said they could not move the power lines because Mr. Morkrid's house is too close to the property line, and it would be dangerous to the house. But now, it is dangerous to his property. Ms. Gabel stated that Mr. Jelevarov was aware of the location of Mr. Morkrid's house and the power lines when he came in for a variance to build his 4-plex. The position of that house has not changed. Mr. 'Barna stated that if Mr. Jelevarov can prove there is a safety hazard because of the power lines, he can petition NSP and NSP will put those lines underground. That is state law. Mr. O elevarov stated that if Mr. Morkrid's house stays where it is and something happens where the power lines fall down and someone gets killed, he wants to hold that person responsible for the damage. Mr. Barna stated all Mr. Jelevarov has to do is send a registered letter to NSP stating that as a property owner, the power line enfringes on his property and causes a safety hazard.Then there is a legal record. If any- thing happens later on, accidents, lawsuits, etc., that legal record is there that Mr. Jelevarov notified NSP. It is between Mr. Jelevarov and NSP, not Mr. Morkrid. NSP put the lines there, and Mr. Morkrid is not responsible for the location of those power lines. Ms. Gabel read the following letters into the record: Letter from C. B. Joriman, Fridley Electrical Inspector to Darrel Clark dated Dec. 10, 1982: "I made a field check of power lines at 6471 Riverview Terrace. .The National Safety Code calls for 8 ft. clearance horizontal and 8 ft. vertical from a Building. TFfe lines at tFiis address seem to meet these requirements." APPEALS COMMISSION MEETING, FEBRUARY 13, 1984 PAGE 4 Letter from Larry Benson, Customer Service Representative, North Division, NSP, to John Flora, dated Dec. 6, 1982, re: 6471 Riverview Terrace - 4 unit townhouse": "As a result of our telephone conversation of Dec. 3, 1982, I am writing this letter to inform you that in August of 1982, Northern States Power relocated the overhead line across the property at 6471-73-75-6477 Riverview Terrace, at the owner's request. The line is now located so that it does not cross over the porches or decks at any point. It was with the owner's approval that we placed the line where it is now. "If the owner wants us to move the line again, he will have to pay the full cost of the project (all labor and materials)_. Lf he wants it put underground, he would have to provtd,e us wlth an easement across his property. If it is burled at this t Ne of year, he would have to pay a winter construction charge of $3.00 per foot, in addition to the full cost of the project." Mr. Jelevarov stated the house is too close and if something happens and the fire truck has to go through, his fence would have to be taLpn down. The house should be moved, because it is too close. Ms. Gabel stated the Commission understood Mr, JelevaroOs point, but every, thing seems to be legal the way it is not. Ms. Gabel asked if there- were any, more comments from tha audioce. Being none, she stated it would be in order to close the pub_ltc haartng. MOTION BY MS. GEROU, SECONDED BY MR. BARNA, TO CLOSE THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC HEARING CLOSED AT 8:21 P.M. Mr. Betzold stated it was absolutely unreasonable to ask Mr. Morkrid to either move his home or tear it down. The intention of the code is being met that there be a certain distance between buildings in order to prevent fire from spreading from one to another. In fact, it is more than being met because of the distances between the two structures. He stated it was unfortunate that there was an error made back in 1977 that caused the house to be built 5 ft. from this location, but it has happened. The alternative that is being faced right now is of great expense and hardship that would be caused for absolutely no reason. MOTION BY MR. BETZOLD, SECONDED BY MS. GEROU, TO RECOMMEND TO CITY COUNCIL APPROVAL OF A VARIANCE REQUEST PURSUANT TO CHAPTER 205 OF TSE FRIDLEY CITY CODE TO REDUCE THE REQUIRED SIDE YARD SETBACK FROM 10 FEET TO 5 FEET 8 INCHES TO BRING AN EXISTING HOUSE INTO CODE COMPLIANCE, LOCATED ON PART OF LOT 14, AUDITOR'S SUBDIVISION NO. 23, THE SAME BEING 6461 RIVERVIEW TERRACE N.E. APPEALS (COMMISSION MEETING, FEBRUARY 14, 1984 PAGE 5 Mr. Barna stated the owner of the 4-plex, Mr. Jelevarov, who is against this action, really has nothing to complain about. The incorrection of the Position of the house to the lot line is through no fault of the owner, Mr. Morkrid. It was just a construction error. Ms. Gabel stated she agreed with the comments that have been made by bothlMr. Betzold and Mr. Barna. UPON ,A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Gabel stated this item would go to City Council on March 12. ADJOURNM NT: MOTION BY MR. BETZOLD, SECONDED BY MS. GEROU, TO ADJOURN THE MEETING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE FEB. 14, 1984, APPEALS COMMISSIDN MEETING ADJOURNED AT 8:30 P.M. =MItted, � Lyn'nd Saba Recording Secretary n --- -. Ma.n Duk.% 744 W,61, I#AM Ibsth4y tNi FA It t. UtA1UMMIAN iI M.nrm. pr'.t, M.nr*V4A 11;437 INC-- -- l S�outn GNre �8'rU65i0 ''..7101 C:rtl i4.rJ Citgl & M.uuripanr+n d 6nging • Sad Tratute a IA-. Cure-Y.ng a Laud Plann+ay I burns+at.•.. M newts Y W 1, Certificate ®f Survey for ' ,�11•L 0 t Of lot 15 M 6 � � • .rK'� � I '��af1611 ! 3 1 \ f d T �°a�� : It-� 1 ( , v--- t /Qllt?`�j Irbr} t11t>ilut>}cttt l T -35'r- -' 5�i l-- G_ _ � t t s t( + l 1 ��•?ultt;eaj'jq� Gothai or 14 t QwV AA Suu. � 23 i That part of Lot 14,Revised Auditors Subdivision No. 23 Anoka County, Minnesota described .:as beginning at -the Southeasterly corner of said Lot 14; thence Southwesterly along the :Southerly line of said Lot 14'a distance of 130.11 feet; thence Northerly on a line„ if �­atextended would intersect the Northerly line of Lot 13 of said Revised Auditors SubdivisioA I a point which is 84.08.feet Southwesterly of the Northeasterly corner of said Lot 13, to its intersection with the Northerly line of said Lot 14; thence Northeasterly along said Northerly line of said Lot 14 to the Northeasterly corner of said Lot 14; thence Southeasterly to the point of beginning. Sub4ect to an easement over the Easterly � feet.. thereof and an easement for road purposes over the Westerly 20 feet of the above described - 1 tract; I hereby certify that this is a teas and carract a autvvy aro the %oundrtrisa of the :aljoyx described land, and of the IOtat:an of gll buildings, thereon, and all v' Ible encroachments, if any, from or orf said land. As surveyed by me this�tn_-dor of_ A•Z A.0. 19`� SUZURSAN ENGINEERING, INC- . S fYb6 ---- • � s F r s m E,c ww-r itI PLOT W�Msiy,ZW 'C l.oT i3 it I Ir STT i � y irl 1 '�' , - `'tom} .T • •"fi' 4,.%., , `t:. , 't 4 peed uoq qv POI P i_A�1 1 20-0" As suam iTrto Fa• AooiT�u:• tN 1990 Item #1, February 14, 1984 ADMINISTRATIVE STAFF REPORT 6461 Riverview Terrace N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.073, 4B, #1, requires a minimum of 10 feet between any living area and side property lines. Public purpose served by this requirement is to maintain a minimum of 20 feet between living areas in adjacent structures and 15 feet between garages and living areas in adjacent structures to reduce exposure to conflagration of fire. It is also to allow for aesthetically pleasing open areas around residential structures. B. STATED HARDSHIP: "Structure is existing incorrectly due to misinterpretation of property lines." C. ADMINISTRATIVE STAFF REVIEW: The petitioners house was built in 1977. The 1977 plot plan indicated a 25 foot setback from the north property line. In 1980, the petitioner constructed a 14 foot addition to the north end of his existing house which should have resulted in an 11 foot setback from the north line (The original plan is shown in blue on exhibit #2). The original house apparently was placed 4 or 5 feet north of the original proposed location, thus the discrepancy in the setback off the north line. This error was not apparent until Mr. Jelevarov, the owner to the north, had a land survey made of his property. A field observation prior to the development of Mr. Jelevarov's property would have indicated the petitioner's north property line to be at or near the utility lines (As shown on exhibit #3). The petitioner was also maintaining this additional triangle. The new four-plex to the north is in excess of 30 feet north of the common property line. Therefore, the distance between the structures is at least 35 feet; this exceeds the distance required between nonfirerated walls of structures. Therefore, if the Board approves this request, the staff has no stipulations to recommend. rp 13. 14. 15. 15A 15B MOTION by Councilman Hamernik to waive the reading and approve the ordinance upon first reading. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. nnr%ln nv Ruv""Y"r, nnr♦nMWn cnc VMMTMT Vn "TMMnVTr4ArP,-TAV7 T.TnTMPQ _ n n Mr. Iman, City Clerk, stated this chapter also reflects the changes to eliminate the public hearing for a license renewal"as well as changes in the area of bonds to reflect the new State law. Mr. Inman stated Section 606.11 was updated and the hours changed which were previously approved by the Council, but;-nadvertently left out at the time of approving the ordinance. He stated%,this specifically refers to the "Minnesota Viking Law."' t MOTION by Councilman Schneider to waive the reading and approve the ordinance upon first reading. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. n'%r%V nv 71MV'K�P%TAT- r'01%TV7Wn C/Ai i4K?TTMTVn "VWTrV13r"ATATMVWTM T.Tf`PX1CF'_" CF.f'rPTr)M Mr. Iman, City Clerk, stated this chapter reflects the changes in the area of bonds to reflect the.new State law requiring a $3,000 bond and changes some of the language regarding the liability insurance. d°„r MOTION by Councilmen Fitzpatrick to waive the reading and approve the ordinance upon first reading. Seconded by Councilman Schneider. Upon a voice vote, all/voting aye, Mayor Nee declared the motion carried unanimously. by Councilman Schneider to set the public hearing on this vacation st for April 2, 1984. Seconded by Councilman Barnette. Upon a voice , all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Coucilman Fitzpatrick to concur with the unanimous recommendation of the Appeals Commission and grant this variance to reduce the side yard 11. Mr. Inman stated all licensees will receive wx-itten notification as to the da -e' license will be placed on the agenda for approval. He stated staff's recd ndation is the licenss{Vbe placed on the agenda, but only those with specs 'c problemsrl be segregated for the Council's review. Mr.. Inman stated a,--r*w ction 602.05 is also added and minor changes were made in his_ard nance regat4ng the liability insurance. I� by Councilman Fitzpatri&, to waive the reading and approve the rdinance upon first reading. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee- declared the motion carried unanimously. M71kn I7V Af rm-+HTLV, t T7ATY"rm LI113 7:+7.1MTMT V" "TWWrnVTfNAMT1k1/-"-TT/1T7111D It OVI-MTr1ATQ Mr. Inman,," City Clerk, stated the same provision regarding the elimination of public hearings for license renewals applies in this Chapter as well. Another change'is in the area of bonds which has been changed to reflect the new State law requiring a $3,000 bond. Mr. Inman stated another change in this chapter is Section 603.10 which indicates that the applicants must submit to the Council monies they have given on behalf of candidates from the year 1969 to the present date. Mr. Inman stated in staff's research this portion was established in 1969 and they didn't believe it''>was the Council's intent to forever include campaign contributions. He stated staff has arbitrarily selected 365 days and request the Council review",,this for a recommendation on the appropriate time frame. MOTION by Councilman Schneider tb`,waive the reading and approve the ordinance upon first reading. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12. CONSIDERATION OF FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY (YInP IIV AMVW7nTA7r- ruAnm17D Cncz T.'ATrPTrPT_T:TI "TA7rMVTr RrPTAV` T.TnT7r)vc! — (1TS1124Z_" Mr. Inman, City Clerk, stated the change regarding elimination of public hearings for license renewals applies in this chapter aa:well as the change in the area of bonds to refelct the new State law requiring a $3,000 bond. Mr. Inman stated Section 605.13 was updated and the hours changed which was previously approved by Council, but inadvertently left out at the time of approving the ordinance. He stated this specifically refers to the "Minnesota Viking Law." Mr. Inman stated a new Section 605.07 on granting of licenses is added and the old section deleted. s JOE �k )k� setback from 10 feet to 5 feet 8 inches to bring an existing house into code compliance. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Flora, Public Works Director, stated a letter regarding this variance was received from Mr. Zelevarov. MOTION by Councilman Schneider to receive the letter from Mr. Zelevarov dated August 17, 1983 regarding this variance. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FROM ENSURONMENTAL CUALITY COMMISSION MINUTES OY FEBRUARY 21, 1984: CITY C=IL SUM13T THE O •_ S. F. NDA BILLa•� AN ACT RELATING M SOLID WASTE DISPOSAL FACILITIES." Councilman Fitzpatrick stated since the Environmental Quality Commission's recommendation wamade, a .••• deal of opposition has developed to this He stated the opposition is that the bill doesn't get at the basic problem and doesn't really, -reduce the amount of landfills or encourage recycling for reduciton of material. Councilman Fitzpatrick stated he would like the Commission to take another look at this again in view -,of what has happened in the last several weeks since their action. Mayor Nee stated he felt there were considerable reservations on this at the Commission's meeting. Councilman Hamernik stated he attended the meeting and there were reservations. He stated it probably is a dead issue for`this session of the Legislature, and perhaps no action would be required at this time. Councilman Fitzpatrick stated, aside from then rits of the case, passing a resolution, being it is already tabled in the Hose, is perhaps mute. MOTION by Councilman Hamernik to table this item and,ref er it back to the Environmental Quality Commission for review for the next Legislative session, if a bill is proposed at that time. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously.'' MOTION by Councilman Schneider to receive the minutes of the Planning Commission meeting of February 29, 1984. Seconded by Councilman''Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion' -\carried unanimously. I& 16. 17. MOTION by Councilman Schneider to receive the minutes of the Charter Commission meeting of January 16, 1984. Seconded by Councilman Hamernik. Upon &,voice vote, all voting aye, Mayor Nee declared the motion carried Mr. Flora;';, Public Works Director, identified three properties in the Riverview Heights area which the City is in the process of acquring. He stated fun4 were allocated for these acquisitions from CDBG and LAWCON funds. He stated this information is submitted so Council is aware of what the City's offers are for these properties. No action was necessary by the council at this time. 18. CONSIDERATION OF CONIlUUTY DEVELOPMENT BIAC:K GRANT SUBMITTAL: Mr. Flora, Public works`;Director, stated projects for consideration by the Council for 1984 CDBG funds were reviewed by the Community Development Commission, Human Resources Commission, and Planning Commission. Mr. Flora stated the Planning Commission recommended 15% of the grant be devoted to Human Services wii�,,the remaining funds identified for Center City projects. He stated the bomnission did not support the recommendation for a Senior Housing Roll-over study. x MOTION by Councilman Barnette top'concur with the recommendation of the Planning Commission and submit these:,.,` projects for CDBG funding. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 19. Q2 SIDERAION OF AWARDING A TRAFFIC STUDY3\ Mr. Flora, Public Works Director, stated the City has identified $7,000 of CDBG funds to complete a traffic study for the area of Highway 65 and Old Central by the 100 Twin Drive-in property.,\ He stated proposals were received from five local area traffic consultants and both the State and County Highway Departments have participated in the consultant selection process. Mr. Flora stated it is the staff's recommendation that SEH be awarded the contract fot this study in the amount�qf $6,750. The study should be completed within three months. Councilman Hamernik asked if the Highway Department would also be involved. Mr. Flora stated this study would be coordinated with the Co ty and State Highway Departments and it is hoped all parties can agree o a solution after the results are in and the study completed. \ MOTION by Councilman Schneider to authorize staff to enter into a\ ntract with SEH for a traffic study on Highway 65 for $6,750. Secon ed by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. PUBLIC HEARING BEFORE THE PLANNING COMMISSION Notice is hereby given that there will be a Public- Hearing of the Planning Commission of the City of Fridley in the City Hall at 6431 University Avenue Northeast on Wednesday, March 28, 1984 in the Council Chamber at 7:30 P.M. for the purpose of: Consideration of a Rezoning Request, ZOA #84-01, by Thomas Blomberg, to rezone the Easterly 200 feet of the Westerly 250 feet of the Northerly 185 feet of Lot 7, from C-2 (general business) and R-2 (two family dwellings) to R-1 (one family dwellings), and rezone from R-2 (two family dwellings) to R=1 (one family'dwell:ings)�the south 33 feet of the East 168 1/2 feet of the wester 218 1/2 feet of Lot 6, (not already zoned R-1), all in Revised Auditor's Subdivision No. 10, located in the North Half of Section 13, T-30, R-24, City of Fridley, County of Anoka, Minnesota. Generally located in the 6500.Block of Central Avenue. Any and all persons desiring to be heard shall be given an -opportunity at the above stated time and place. VIRGINIA SCHNABEL CHAIRWOMAN PLANNING COMMISSION Publish: March 14, 1984 March 21, 1984 ur 108' s �f • a W �l ` �, ` PE Z OfnS M. MOS• fit► r Mini mm. ("'�► pall POP own tM �� t • ► ■" ■off 111.1. m pap -well .... 0loon i.•• -E7�= --�_ •••• ••.r QZ'88*"so ■....�. ■ VI .. rn. own _ _swe some .... 0A©o= _♦_�►_♦_u ♦_ Im CC♦♦♦♦♦ ♦ G< ♦♦♦ ` .t ♦♦♦♦♦♦♦♦ ars►♦♦♦♦ / /' �i '����� ♦ '♦ .......... •.. ..... a i..pMM 41 ♦♦♦♦r '1 ►.•0♦ a STATE.OF MINNESOTA CITY COUNCIL PROCEEDINGS COUNTY OF ANOKA CITY OF FRIDLEY In the Matter of a variance to reduce the required side yard setback from 10 feet to 5 feet 8 inches VARIANCE to bring an existing house into code compliance, at 6461 Riverview Terrace N.E. Richard Morkrid , Owner The above entitled matter came before the City Council of the City of Fridley and was heard on the day of Marc , 19�_, on a petition for a variance pursuant to the City oey s Zoning Ordinance, for the following described property: Bart of I o_t Ia, a—r.a�d ��' Duh�i vision- o IT IS ORDERED that a variance be granted as upon the following conditions or reasons: See minutes of City Council dated March 12, 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 je City of Fridley, Minnesota, in the County of Anoka on the day of ,_ 19 P1. DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 SIDNEY C. N, CITY CLERKS i Variances are valid for a period of one year following approval and-s�a11'be ,. considered void if not used within that period. k (SE"A"L) ah Legal Description for 6461 Riverview Terrace N.E. That part of Lot 14, Revised Auditor's Subdivision No. 23 described as beginning at the southerasterly corner of said Lot 14, thence southwesterly along the southerly line of said Lot 14,.a distance of 130.11 feet; thence northerly on a line if extended would intersect the northerly line of Lot 13 of said Revised Auditor's Subdivision at a point which is 84.08 feet southwesterly of the northeasterly corner of said Lot 13 to its intersection with the northerly line of said Lot 14, thence northeatterly along said northerly line of said Lot 14 to the northeasterly corner of said Lot 14, thence southeasterly to the point of beginning. (subject to an easement over the Easterly 12 feet thereof and an easement for road purposes over the westerly 20 feet of the above described tract) CIDUN _IL MEETING OF MARCH 12. 1984 PAGE 8 MOTION by Councilman Hamernik to waive the reading and approve the ordinance upon first reading. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motio ' carried unanimously. 13. " n nnnawirnxmTn*tc� " Mr. Inman, City Clerk, stated this chapter also yfiflects the changes to eliminate the public hearing for a license renew , as well as changes in the area of bonds to reflect the new State law. Mr. Inman stated Section 606.11 was updated nd the hours changed which were previously approved by the Council,bu inadvertently left out at the time of approving the ordinance. He sta this specifically refers to the "Minnesota Viking Law." MOTION by Councilman Schneider to w ive the reading and approve the ordinance upon first reading. Secondi6d by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayo Nee declared the motion carried unanimously. 14. " " Mr. Inman, City Clerk, stathis chapter reflects the changes in the area of bonds to reflect the State law requiring a $3,000 bond and changes some of the language reg riling the liability insurance. MOTION by Councilman itzpatrick to waive the reading and approve the ordinance upon first eading. Seconded by Councilman Schneider. Upon a voice vote, all vo ing aye, Mayor Nee declared the motion carried unanimously. 15. 15A MOTION by uncilaan Schneider to set the public hearing on this vacation request f r April 2, 1984. Seconded by Councilman Barnette. Upon a voice vote, voting aye, Mayor Nee declared the motion carried unanimously. 15B ITEM FROM AEffAT S COMMISSION MINUTES OF FEBRUARY 14. 1984: MOTION by Coucilman Fitzpatrick to concur with the unanimous recommendation of the Appeals Commission and grant this variance to reduce the side yard ffi-,7Nwv s Y i &11 setback fram 10 feet to 5 feet 8 inches to bring an existing house into code compliance. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Flora, Public Works Director, stated a letter regarding this variance . was received from Mr. Zelevarov. lk MOTION by Councilman Schneider to receive the letter from Mr. Zelevarov dated August 17, 1983 regarding this variance.• Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15C cIL suppogT THE CON= OF S. E. NO- 1312, "A BILL FOR RELAp T Councilman Fi7wmade,, ick stated since the Environmental Quality Commission's recommendatioa good deal of opposition has developed to this bill. He stated the oppos tion is that the bill doesn't get at the basic problem and doesn't really r uce the amount of landfills or encourage recycling for reduciton of no ial. Councilman Fitzpatrick tated he would like the Commission to take another look at this again in vi of what has happened in the last several weeks since their action. Mayor Nee stated he felt th re were considerable reservations on this at the Commission's meeting. Councilman Hamernik stated a attended the meeting and there were reservations. He stated it probably is a dead sue for this session of the Legislature, and perhaps no action would be r 'red at this time. Councilman Fitzpatrick stated, aside om the merits of the case, passing a resolution, being it is already tabled i the House, is perhaps mute. MOTION by Councilman Hamernik to table this 'teen and refer it back to the Environmental Quality Commission for revs w for the next Legislative session, if a bill is proposed at that ti m Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting a , Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to receive the minutes of the Planning Commission meeting of February 29, 1984. Seconded Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declare the motion carried unanimously. b • r` 648652 T Nj�od ck�W6 ckq��cm� R� -•a/.. C; heClked Mamm owu OF COUNTY RECOHIAK STATE OF MINNESOTA, COUNTY OF AN i hereby Certify that the within in Ment was filed 2in this office for r JUL .o., 19 /dO _d,lock ,and was duty recor clock �Ni• in boo' oage-- cordeT By Deputy �h Planning Dept-rtment city of Fridley 6431 University Ave. N.Z. Fridley, MST 55432