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var 06.82CITF FO Y OF SUBJECT V0411'Ittl f\AINNE-50TA COMMISSI N APP LECA WIN l9g R E V I F— VY Ueporlairnt/Urvisl0n, 1jurnuef I liev by it* 110.1 a COMPLE-M-1 RE -:VIEW CHECKLIST RETURN TO PLANNING 700"A' I Mi -E, 41 Am-, ilff"C& hi FILE NO/ ADDRESS FILE DATE kef-cee-5t X/O I&I(oe DUE DAT Pre- 6", j ary C 0 M DA E NTS I?eolqLe- 47c 51 ze 30oY-1 Mus' OIL VARAU� Fc& (De I u MQAr A 6 e' e eat" yo Oxf b CITY OF FFitOLEY� SUBJECT (C 6431 UNIVERSITY AVE. NE. VARIANCES V FRIDLEY, MN. 55432 [C12) 571-3450 ADDRESS 1 1 1i 9 x 97 �1CDATE APPEALS COMMISSION: APPROVED DISAPPROVED DATE NO. CITY COUNCIL REVIEW: REQUIRED: YES CITY COUNCIL: APPROVED DISAPPROVED DATE N0. STIPULATIONS: NAME M's -V'gR0V FEE RECEIPT No. LOT NO. BLOCK NO. TRACT OR ADDITION LEGAL DESCRIPTION:--Se,—q6G4 VARIANCE REQUEST(S): (Attach plat or survey of property showing building, variances, c rC u r r4 (o� S c z ere -papa � ca 1 (o d �e (((4,( 4, ttk r `- 4o K,%� 7 Pekoe cgoo l3, 3 a0 List specific hardship(s) which requires the variance(s): /c sI ! a(� /gq(7ro��/ uk,•7T115 are Plecesssoi-y rk of -wee- �0. s e �a"al gfeolos tVe Tey&f¢ ®I �ocec� Q�Ic� o7 e� °esudje �' V`e ve, . DATE n a ADDRESS 11 SIGNATURE_ le �% // C#e TELEPHONE NO VARIANCES FOR CITY USE ONLY Board members notified of meeting by Jul 1.5,-1982 List rrember5, date notified, and "Yes" or. "Hou for plans to attend hearing. Plan Name Date•- To Attend Gabel Barna Gerou Pl emel Coleman Person making -appeal and the foproperty owners having property within 200 feet = notified: - Name Date By Whom Phone or Mail Notified M/M Frederic G. r. 6441. R " ew. Ter-rgjce, Jul 9 MAIL Xu, _Fos Denise L. Smith 6492 Riverview Terrace M M Roland D. Goodroad 6482 Riverview Terrace Chris Zelevaro 160 i e - M/M Allan _C._,Mattsj2n 120 MV 7 aj qi ' ni Place M/M Thomas m4ugnn 140MississIRRI Place _ M M Edward P. Fra ale 6480 i w Tdrrace MIM Albert M. University Ave. Johnson 10267 Blaine 55434 I r CITY OF FRIOLUY, MINNESOTA I)eportmtnt/unnsion, SUBJECT COMPLETE REVIEW CHECKLIST RETURN TO .PLANNING Mill I Mill AM COti/1MISSVON APPLICATION + J RL=VIEVY liumuet t Itev Approved by cute FILE NO/ AOOREISS (-PLA-1 1 FILE DATE DUE DATE Q —F c� 13 �30Ca COMMEN"T"S /Jr ®���- 6431 UNIVERSITY AVENUE W.E., FRIDLEY, MINNESOTA 55432 6 NOTICE OF PUBLIC HEARING Lice is hereby given that the it conduct a Public Hearing in anue Northeast at 7:30 p.m. on slowing matter: TELEPHONE ( 612)571-3450 Appeals Commission of the City of Fridley the City Council Chambers at 6431 University Tuesday, July 20 , 19$2 in regard to the Consideration of a variance request, pursuant to Chapter 205 of the Fridley City Code, to reduce the required Tot size for a six dwelling unit from 17,000 square feet to 13,000 square feet, to allow the construction of a six unit dwelling., located on Lot 13, Revised Auditor's Subdivision No. 23 and the vacated portion of Riverview Terrace as platted n.,lohnson's River Lane Addition, Anoka County, MN, the same being 6471 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 Item #4, July 201 1982 ADMINISTRATIVE STAFF REPORT 6471 Riverview Terrace N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.073, A2, requires a minimum lot area of 15,000 square feet plus 1,000 square feet per dwelling unit over 4 in number. Public purpose served by this requirement is to avoid the condition of overcrowding of a residential neighborhood and to allow sufficient area for off-street parking and avoiding an excess burden on the existing water and sewer services. V, :4'6 "Additional units are necessary in order to make this a feasible project. Land patterns are the result of road and other residential development." C. ADMINISTRATIVE STAFF REVIEW: This lot is located in an area where seven other 4-plexes are built on comparable size lots. Therefore we would recommend that the Board of Appeals consider reducing the number of units to four. We also recommend since this plan incorporates a joint driveway and connecting parking facilities with the 4-plex to the east of this parcel, that the new and the old parking facilities be constructed to current standards for construction. CITY OF FRIDLEY 6431 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA 55432 6 NOTICE OF PUBLIC HEARING TELEPHONE ( 612)571-3450 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: July 20 , 1982 in regard to the following matter: Consideration of a variance request, pursuant to Chapter 205 of the Fridley City Code, to reduce the required lot size for a six dwelling unit from 17,000 square feet to 13,000 square feet, to allow the construction of a six unit dwelling, located on Lot 13, Revised Auditor's Subdivision No. 23 and the vacated portion of Riverview Terrace as platted in Johnson's River Lane Addition, Anoka County, MN, the same being 6471 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 COMPLETE REVIEW CHECKLIST RETURN TO .PLANNING �vk FILE NO/ ADDRESS FILE DATE: Lo"-lk -t-o cb)aoc, DUE DATE n COMMENTS '5 - I C% e- V 0 CITY OP FAimEY, SUBJECT 6431 UNIVERSITY AVE. NE. FRIDLEY. MN. DS432 161ok 571-3450 ADDRESS VARIANCES GATE APPEALS CO144ISSION: APPROVED DISAPPROVED DATE NO. CITY COUNCIL REVIEW: REQUIRED: ,YES CITY COUNCIL: STIPULATIONS: NAME LEGAL DESCRIPTION: APPROVED DISAPPROVED DATE N0. FEE RECEIPT No. LOT NO. BLOCK NO. TRACT OR ADDITION K or aC/" VARIANCE•REQUEST(S): (Attach plat or survey of property showing building, variances, e?edyce etc., where applicable) / L -t 5 r ze +voc, i?ia®® 0 7`® 13; 300 0 �® Tow 9e C0n5tr4e-j<®n o'f `i' 1/40(7F=90M 3S, Tc� Zryo P 5;de },'v -d ®" 2V-0�, 3 5 -30 Reaw l a(,d +Vow 35-` 71'0 20° List specific hardship(s) which requires the variance(s): ,r� eel L �C'�1��� DATE 7l l / SIGNATURE ADDRESS l �Q D�` 1��� �'� /R o TELEPHONE NO 7/—�Q5' VARIANCES FOR CITY USE ONLY Board members notified of meeting by August 5,-1982 List irembers., date notified, and "Yes" or "No" for plans to attend hearing. Plan Name Date*- To Attend Gabel Barna n Person making -appeal and the following property owners having property within 200 feet notified: Richard Morkrid 6461 Riverview Terrace George Bydlon 6454 Riverview Terrace .M/M Nels C. Johnson,65§ Riverview Terrace Mi -W..-- _-: By Whom _ Name Date Phone or Mail Notified M/M Frederic G. Fost r 6441 Riverview Ter Jul V 30 MAIC Denise L. Smith 6492 Rfverveiw Terrace. M/M Roland D- Goodroad 6482 RIverview Terrace Chris Zelevarov 160 M � MA9All-anC M/M Thomas A. Hanson 140 Mississippi Place, _ M/M Edward P. Fragale 6480 Riverview Terrace Blaine 55434 M/M Albert M. Johnson 10267 Univer, Ave. William Corcoran 11 /2 Way N.E, Ll Susan L. Koprowski 6472 Riverview.Terrace N.E, Richard Morkrid 6461 Riverview Terrace George Bydlon 6454 Riverview Terrace .M/M Nels C. Johnson,65§ Riverview Terrace Mi -W..-- _-: I, f � 6431 UNIVERSITY AVENUE N.E., PNPB®LEY, MINNESOTA 56432 AMENDED NOTICE OF PUBLIC HEARING TELEPHONE ( 612)571=3450 September 10, 1982 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, September 21, 1982 in regard to the following matter: CONTINUED FROM AUGUST 24, 1982 APPEALS COMMISSION MEETING: Consideration of variance requests, pursuant to Chapter 205 of the Fridley City Code, to reduce the required lot size for a four -unit dwelling from 15,000 sqare feet to 13,250 square feet; reduce the front yard setback from 35 feet to 20 feet; reduce the side yard setback on a corner lot from 35 feet to 25 feet; reduce the rear yard setback from 35 feet to 3d feet; and reduce the regular side Yard setback from 15 feet to 10 feet, to allow the construction of a four -unit dwelling on part of Lot 13, Auditor's Subdivision No. 23, along with the vacated portion of Riverview Terrace as platted in Johnson's River Lane Addition, Anoka County, Minnesota, the same being 6471 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 • i, M 11 in 6431 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA 65432 AMENDED NOTICE OF PUBLIC HEARING TELEPHONE ( 612)671-1460 :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 ie Northeast at 7:30 p.m. on Tuesday, August Jr6 1982 in regard to the swing mattgr: / Consideration of variance requ sts, pursuant to Chapter 2 of the Fridley C` y Code, to reduce the require lot size for s -ix dwelling unit from 17,000 squar feet to 13 00 square feet, to reduce the front yar etback om 35 feet to 25 feet, to reduce the side rd s tback on a corner lot from 35 feet to 30 feet, reduce the rear yard set- back from 35 feet tj6 0 feet, and to reduce the regular side yard.4etb k from 15 feet to 4 feet, to allow the cons`tructio of a four dwelling unit, located on Lot,��f�3, Audi 's Subdivision No. 23 and the vacate°d portion of iverview Terrace as platted in 4,6sonks River L ne Addition; Anoka County, MN/the same being 647 Ri.verview.Terrace N,E, Notice is hereby given that all persons having a interest therein will be given the opportphity to be heard at the above tik and place. PATRICIA GABEL CHAIRWOMAN APPEALS COMMISSION Item # 1, August 24, 1982 ADMINISTRATIVE STAFF REPORT 6471 Riverview Terrace N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.073, A2, requires a minimum lot area of 15,000 square feet plus 1,000 square feet per dwelling unit over 4 in number. Public purpose served by this requirement is to avoid the condition of overcrowding of a residential neighborhood and to allow sufficient area for off—street parking and avoiding an excess burden on the existing water and sewer services. Section 205.073, 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 zone. Section 205.073, 48, #3, requires a minimum side yard of 35 feet where a side yard abuts the street side of a corner lot. Public purpose served by this requirement is to maintain adequate side yard setbacks and aesthetic open areas around multiple dwellings. Section 205.073, 4C, requires a rear yard depth of not Less than 25 percent of the Lot depth, with not less than 25 feet permitted or more than 40 feet required. Public purpose served by this requirement is to maintain adequate open space around multiple dwellings for aesthetic and fire fighting. Section 205.073, 4B, #1, requires a side yard of not less than 15 feet. Public purpose served by this requirement is to provide for adequate open areas (green divider areas) around multiple dwellings to maintain clear access for fire fighting and to reduce conflagration of fire. B. STATED HARDSHIP: "Additional units necessary to make this a feasible project. Land patterns are the result of road and other residential development. In addition, power Line to the south forces building to be shifted to the front of the Lot." C. ADMINISTRATIVE STAFF REVIEW: Staff has met with the petitioner several times. The hearing notice was purposely worded to give the Board the option of moving the building up to 5 feet in either the north—south or east—west directions. We recommend that the Board consider approving the requested variance so that if built, the building be Located as far north (20 feet from the north Line) and as far west (25 feet from property Line) as possible. This gives the maximum open space between the structure and the home to the south and between the structure and the existing storm sewer along the east Line. If the variances are approved, the petitioner hes agreed to grant an easement for the existing storm sewer and he will attach a driveway easement to the existing four—pLex he presently owns adjacent to and east of this site for access to this proposed 4—plex. Also, the property is properly zoned and there are existing 4—pLexes to the north and east of this property. The Lots to the west and south are existing single family dwellings. Since this item was Lest considered (August 24, 1982 meeting) Chairperson Gabel has spent considerable time meeting with the neighbors to go over the project and the options evaiLable. The present concensus is that if: (1) the structure were moved five feet further north and five feet further west, (2) a 6 foot privacy fence was installed along the south Lot Line of both the new and existing buildings before -or at the same .time as the foundation is to be constructed, (3) and adequate landscaping was implemented, the former neighborhood concerns would be put to rest. Therefore, if the Board recommends approval, the variance approval should be with the following stipulations: 1. Dedicate an easement to the City for the existing storm sewer along the east property Line.. 'u 2. Install a privacy fence along the`south property Line of both the new site and the existing 4—plex. 3. Record a joint driveway agreement for the common driveway. 4. Landscape plan to be approved by the City. ,14 ADMINISTRATIVE STAFF REPORT 6471 Riverview Terrace N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Item # 1, August 24, 1982 Section 205.073, A2, requires a minimum lot area of 15,000 square feet plus 1,000 square feet per dwelling unit over 4 in number. Public purpose served by this requirement is to avoid the condition of overcrowding of a residential neighborhood and to allow sufficient area for off—street parking and avoiding an excess burden on the existing water and sewer services. Section 205.073, 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 zone. Section 205.073, 49, #3, requires a minimum side yard of 35 feet where a side yard abuts the street side of a corner Lot. Public purpose served by this requirement is to maintain adequate side yard setbacks and aesthetic open areas around multiple dwellings. Section 205.073, 4C, requires a rear yard depth of not Less then 25 percent of the Lot depth, with not Less then 25 feet permitted or more than 40 feet required. Public purpose served by this requirement is to maintain adequate open space around multiple dwellings for aesthetic and fire fighting. Section 205.073, 4B, #1, requires a side yard of not Less than 15 feet. Public purpose served by this requirement is to provide for adequate open areas (green divider areas) around multiple dwaLLings to maintain clear access for fire fighting and to reduce conflagration of fire. B. STATED HARDSHIP: "Additional units necessary to make this a feasible project. Land patterns are the result of road and other residential development. In addition, power Line to the south forces building to be shifted to the front of the lot." C. ADMINISTRATIVE STAFF REVIEW: Staff has met with the petitioner several times. The hearing notice was purposely worded to give the Board the option of moving the building up to 5 feet in either the north -south or east—west directions. We recommend that the Board consider approving the requested variance so that if built, the building be Located as far north (20 feet from the north Line) and as far west (25 feet from property Line) as possible. This gives the maximum open space between the structure and the home to the south and between the structure and the existing storm sewer along the east Line. QA .A , TE ..°.Ii":a$z,,..., A � h5_.H.._.;�s'u� J t10 .. ad �.5i.i�.:!'3 odd. r �. .. _.k_ ai oil .:t-�'�i A q •}l0. 7 nut rJ�.�ad - ZOO __ .,N C.A 3:<i w ,' � A pi..1f+5.'n - whory . . ..... .. �. .. ... i'.. . On Via..._ tl„i-_ i�.. . ..l qIWA! Owls, ,.. ;) - o. We vp.jvv Val w0da1s 9., .�It.1. S'. ii .. i': ,_ . ,.°�. .i 4810052 WS<,d FPa a 3 0011 Iml. s,i ,_ 0 .. ..:,u 1W 3i n 01. Wtt_ . - _.S rn ! t • .. ( .:6�: a ... {.: . . 9.E 8,m > . . 4 Z" . J i ... .Y W.,, n, ,P ° . 101 w ,'fi."aq ly it .. a,. , : 7, a „6j` _ o"i;''ca Owyny �a ' `3.._'•! 't .. .... O n.., ...i .ti i -n w _:r:v:l 4 _ .4 jne<`on. :. ,.. 9A M - 7 :y, y #?.Vie,. ivins nnubm 1 .,i v-'• ar . .._ ad a .. .... .3, .4.. _ S .0 '..�00, -.. 0 00001 ......t, ICT s . ...Am7 .. ..W _ OnZ.. a .. can ANY L!" ...,,. F _ha3w _ .�Ajts no Isn't 7o.qn . :f J 0102 !OT o. 3 ..<:AH 3 y '7•_a ~,ass` l -. �,1i3•.�::•i.. : . :._ -. '1 -_�.y �. t': v '�y.{ v. .. � ♦ i. WOO ,. .. �.. .... a ... .. a.t . .. °iii 44f� 6 ��.a. i If the variances ere approved, the petitioner has agreed to grant an easement r for the existing storm sewer and he will attach a driveway easement to the existing four—p Lex he presently owns adjacent to and east of this site for ' access to this proposed 4—plex. Also, the property is properly zoned and there are existing 4—plexes to the north and east of this property. The Lots to the west and south are existing singla fami Ly dwellings. Since this item was last considered (August 24, 1982 meeting) Chairperson Gabel has spent considerable time meeting with the neighbors to go over the project and the options available. The present concensus is that if: (1) the structure were moved five feet further north and five feet further west, (2) a 6 foot privacy fence was installed along the south Lot Line of both the new and existing buildings before or at.the some time as the foundation is to be constructed, (3) and adequate Landscaping was impLamented, the former neighborhood concerns would be put to rest. Therefore, if the Board recommends approval, the variance approval should be with the following stipulations: 1. Dedicate an easement to the City for the existing storm sewer along the east property line. 2. Install a privacy fence along the south property Line of both the new site and the existing 4—p Lex. 3. Record a joint driveway agreement for the common driveway. 4. Landscape plan to be approved by the City. 300105 '-'`e `E a a:Ay tp ..,. S"a _ U0000 Mn. Un IT of ZATWO K3 r• 0 ., - .. .1�1 _. .; .. til . _. ... ;6 d : a " ., .._ 0 ... .. J !=V nn n UIG mon! has . c 'ti'.!i'. q! .aN 004 j_..Q0 :00 ,. ;Von .02 Weil ..,1_i ._ ... Lt0J S9t. . _ 6..6 .. .vv 4. tans unu ;;Iu" .. .✓ ,..ar_t eY'ij�, 8.-1. :1 d .. ._ J f .. ... � _ a . .. ._,., las CA d..,.. S c` A. :c _ -..a ...f 6:: e .. .i5 ,dcJ d( 6"W a':4te onto ? 0 70 45"O& U qv Wt .. . MA . ..i:.' S ! ;53 .1 ...... . yany:11 jowl . .._ z .v 71nAqul KIN iy-, ',. i . ; . , . onqwn .. ._.. ...,. .. ova :qn7 .. b.. Ko gdi.`s 1_...'m. .,... .a _ ;"��a•( to (., a•..d;(a anti to .,.. 12 ...;d?_ i 01601 Dnl 0-3. n- VaSM 0 H ?,'-n , CITY OF FRI®LEY 6431 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA 55432 AMENDED NOTICE OF PUBLIC HEARING TELEPHONE ( 512)571.3450 Notice is hereby given that the Appeals Commission of the City of Fridley will conduct a Public Hearing in the City mbers at 6431 University Avenue Northeast at 7:30 p.m. on Tuesday. August 1 1982 ip regard to the following matter: Fr P-1 r130, Z�;O Consideration of variance equests, rsuant to hapter 205 of the Fridle Cit -C e, to reduc - the required lot size unit from ®gyp ®0 1 square feet to 3 0 are feet, to re e the front yard setback om feet to 2 eet, to reduce the 'de yard setback on a corne lot from 3feet to feet, tbreduce the rear yard set - 35 feet feet, and to reduc the si e yard setback from 15,feet toVeet, to allow the construction of a four:dwe]ling unit, located o Lot 13, Auditor's Subdivision No. 23 e vacated portion of Riverview Terrace as platted in Johnson's River Lane Addition; Anoka O� County, MPJ the same being 6471 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 �v G.' so CITY OF FRIDLEY APPEALS COMMISSION MEETING, AUGUST 24, 1982 CALL TO ORDER: Chairperson Gabel called the August 24, 1982, Appeals Commission meeting to order at 7:30 p.m. ,--ROLL CALL: MEMBERS PRESENT: Patricia Gabel, Jean Gerou, Jim Plemel MEMBERS ABSENT: Alex Barna, Leslie Coleman OTHERS PRESENT: Darrell Clark, City of Fridley Chris Zelevarov, 160 Mississippi Place, Richard Harris, 6200 Riverview Terrace ,Mary Ellen Luchow, 161 - 64�2- Way N.E. ,Walter Luchow, 161 - 64� Way N.E. Nels Johnson, 6456 Riverview Terrace Kathy Morbrid, 6461 Riverview Terrace Richard Morbrid, 6461 Riverview Terrace David Kramber 2013 - 29th Avenue N.W., New Brighton Gail Estling, 6440 Riverview Terrace John Estling, 6440 Riverview Terrace Betty Ann Mech, 1315 - 66th Avenue N.E. Gus Doty, 6379 University Avenue N.E. A. Oscar Carlson & Keith Boulais, 655 Fairview Avenue, St. Paul Jerry Paschke, 7280 University Avenue N.E. APPROVAL OF MINUTES OF JULY 20, 1982: Chairperson Gabel had some additions and corrections to the minutes on page 5, and that the reasons for the motion on agenda item no. 2 should be included: That the majority of homes in the immediate area are built on larger lots; that the house to the East has an attached deck that is built very close to the lot line; the plan does not provide for a garage and there is concern about parking and sto- rage in a home without a basement; the house plan is not compatible with other homes in the area and there was neighborhood objection to the plan. Ms. Gabel also noted that it was explained to the neighbors, after that motion, that even if the property is not built on now there is no guarantee for the future; that cities all over are changing their codes to meet the new needs of our economy and smaller lots will smaller structures are becoming a viable means of providing house. She also stated that on page 7, the motion for approval for agenda item no. 3 did not state all the reasons for such approval: The plan for the house is designed to fit well on the lot; the plan is compatible with other homes in the neighborhood; the petitioner is willing to tie a specific house plan to the variance and the neighbors approve. MOTION by Mr. Plemel, seconded by Mrs. Gerou, to approve the minutes of July 20, T9-82, Appeals Commission, as written and corrected. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. Appeals Commission Meeting - August 24, 1982 Page_2 1. CONTINUED: VARIANCE REQUEST PURSUANT TO CHAPTER 205 OF THE FRIDLEY FROM MY CODE UCE H U I 5,000 SQU RE EET , 00 QU E A SITUCK FROM FE , TO EDUCE T EYARD SETBACK ON CORNER LOT FROM 35 FEET TO 30 DU Et YARD S CK FROM 35 FEET TO 20 F AN R WCE THEREGULARK FROM 15 FEET TO 4 FEET, TO A,LOWHE CONSTRUCTION OF A FOUR DWELLING NI E N L NO. 23 AND THE VACAILU PORTION F RIVERVIEWTFRRACFS FLA11LU IN JOHNSON -ISI DI I N, N COON , - TH--SW BEING 647T RTVEM-EWTERRACE N.E. eauest by Chris Zelevarov 16U MISSIWiPPi P ace1. Fridleys.MN 5 2) MOTION by Mrs. Gerou, seconded by Mr. Plemel, to open they public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECALRED THE PUBLIC HEARING OPENED AT 7:40 P.M. Chairperson Gabel read the Administrative Staff Report: Amnaznwm STAFF REP= 6471 Riverview Terraoe P.E. A. PUBLIC PUiiP0.SE SEWW BY R�DIRS+1S�Ts * Section 205.073, A2, requires a minimum lot area of 15,000 square feet plus 1,000 square feet per dwelling unit over 4 in number. Public purpose served by this requirement is to avoid the condition of overcrowding of a residential neighborhood and to allow sufficient area for off-street parking and avoiding an excess burden on the existing water and sewer services. Section 205.073, 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 zone. Section 205.073, 45, #3, requires a minimum side yard of 35 feet where a side yard abuts the street side of a corner lot. Public purpose served by this requirement is to maintain adequate side yard setbacks and aesthetic open areas around multiple dwellings. Section 205.073, 4C, requires a rear yard depth of not less than 25 percent of the lot depth, with not less than 25 feet permitted or more than 40 feet required. Public purpose served by this requirement is to maintain adequate open space around multiple dwellings for aesthetic and fire fighting. Section 205.0731, 4B, #1, requires a side yard of not less than 15 feet. Public purpose served by this requirement is to provide for adequate open areas (green divider areas) around multiple dwellings; to maintain clear access for fire fighting; and to reduce conflagration of fire. Appeals Commission Meeting - August 24y 1982 Page 3 •Additional units necessary to make this a feasible project. Land patterns are the result of road and other residential developnent. In addition, power line to the south forces building to be shifted to the front of the lot.' C. ADMMSTRATIVE STAFF RE,VIM: Staff has met with the petitioner several times. The hearing notice was purposely worded to give the Board the option of moving the building up to 5 feet in either the north -south or east -west directions. We recommend that the Boa rd consider approving the requested variance so that if built, the building be located as far north (25 feet from the north line) and as far west (30 feet frau property line) as possible. This gives the maximum open space between the structure and the home to the south and -between the structure and the existing storm sewer along the east line. If the variances are approved, the petitioner has agreed to grant an easement for the existing storm sewer and he will attach a driveway easement to the existing four-plex he presently ams adjacent to and east of this site for access to this proposed 4-plez. Also, the property is properly zoned and there are existing 4-plexes to the north and east of this property. The lots to the west and south are existing single family dwellings. * Petitioner has reduced his request to 4 units. Mr. Zelevarov was present as was his builder and draftsman. He stated that his plans are to build 4 townhouses which would look like houses instead of apartments. The Commission reviewed an aerial photograph and the plans. Ms. Gabel asked about the driveway and parking. Mr. Zelevarov said the driveway will be joined with his other 4-plex and there will be parking underneath the building in the double garages. He said each unit will have a double garage. Ms. Gabel asked about the building ratio to land and Mr. Clark said it met the requirements. Ms. Gable asked about square footage per unit and what size is the other building. He stated the units would be 900 square feet and the other building was 40 by 40 feet, but he wasn't sure. He stated they would be 2 -bedroom units, three levels, finished basement Ms. Gabel asked Mr. Zelevarov if he investigated other possibilities for that lot. He said that he could build 6 units but they will be too small and it would not look good; that 4 units would look nice with parking off the street. Ms. Gabel asked if had garages at his other building and he does not but he said he would be changing the parking when the new units are built. Ms. Gabel asked if he is willing to move these units as far north and west as possible and Mr. Zelevarov said yes. Mr. Plemel asked if changing these units from 6 to 4 would remove any of these variances and Mr. Clark said there would still be 5 variances. Ms. Gabel asked what happened that the lot is such a weird configuration and Mr. Clark stated that originally the street was going run to the east and then it was moved. Ms. Jabel asked when Mr. Zelevarov wanted to start building and he said as soon as possible, this week or next, he would like them finished before it starts snowing Mr. Luchow, 161-64; Way N.E., questioned the variance of putting 4 units on that lot, felt the lot is too small, that he has more square footage for his house (he said he realized that his house was built years ago when they had larger lots) and" felt this is quite a variance. Appeals Commission Meeting - August 24, 1982 Page 4 fk Mr. Johnson, 6456 Riverview Terrace, agreed with Mr. Luchow, and stated that they all recognize Mr. Zelevarov's right to build a multiple dwelling on that lot but noted that the other 4 -unit building across the street were built within code guide- lines and positioned to fit the lots. His other concern was the high density of cars parked in the street around that intersection; he felt this was a very high traffic area and that emergency vehicles would have a hard time getting through and that also the population density was high in that area because of the multiple buildings. He also stated he was concerned about the property value of single-family homes. Ms. --Sue Koprowski, 6472 Riverview Terrace, felt the area was already too crowded, that the lot was much too small for those units and that cars have difficulty now parking and getting stuck in the wintertime and generally felt it was all ready a mess. Mr. Morbrid, 6461 Riverview Terrace, agreed with everyone and wanted to know if there would be a privacy fence put up which would separate his house (he lives on the south side). Ms. Gabel said that could be something that could be stipulated. Mr. Clark said the code requires a privacy fence. Mr. Morbrid wanted to know if the lot had been surveyed and Mr. Clark said it had been done. Mr. Luchow asked if there would be a problem with drainage and Mr. Clark said a storm sewer would run between the two buildings and there are -two manholes in the northwest corner of the lot and this could be utilized as a catch basin. Mr. Johnson felt that that double garages would not help with the existing parking problem. Mr. Fragale, 6480 Riverview Terrace, said the proposed parking more than meets the code. Russ Soderstrom . , 6438 Riverview Terrace, could not say too much about the parking problems because he does not live directly on that street but he thinks the proposed building will be attractive and enhance the neighborhood and that part of the city. Mr. Harris, 6200 Riverview Terrace, thought the size of the lot was better suited for a duplex or tri-plex and didn.'t think the code intended a 4-plex for the lot. Mr. Fragale stated he lived across the street from the proposed building and there are 4-plexes all along Mississippi Place and the parking for this proposed building will be under the building, that this building will be the best looking 4-plex in the area, there is more than adequate space for parking and felt it would enhance the area. Ms. Gabel asked if there is anything else that could be done with this lot as it was a lot of variances and a lot of building for the lot. Mr. Zelevarov stated he could put 11 units up on both lots. MOTION by Mrs. Gerou, seconded by Mr. Plemel, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC HEARING CLOSED AT 8:15 P.M. MOTION by Mr. Plemel, seconded by Mrs. Gerou, to table this matter until the petitioner contacts the city with different ideas or plans for this lot. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. (Mr. Plemel felt there were a lot of pros and cons but that they were pushing too hard on this lot and would be against it because it required 5 variances in order to do something; lis. Gabel felt there was too much building for the lot and this also asked for too many variances). Appeals Commission Meeting - August 24, 1982 Page 5 2. TABLED: VARIANCE REQUEST PURSUANT TO CHAPTER 205 OF THE FRIDLE_ Y CITY ON ION ..5 FEET OF THE -WEST HALF OF THE IVER-5ITY AVENUEN. I L Request by Gus Doty 6319 Univers enue N.E. and Gary Wel ner 6721 Sunrise Drive N.E.) MOTION by Mrs.. Gerou, seconded by Mr. Plemel, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC HEARING OPEN AT 8:25 P.M. Chairperson Gabel read the Administrative Staff RL*port: STAFF REP= 6299 Miversity Avenue B.B. A. P=aC PUFdWE SERVED BY RBDIIIREmwTg Section 205.103, 4A, #2, requires a minimum front yard setback of 80 feet for permitted buildings and uses. Public purpose served by this requirement is to provide for adequate Parking and open landscaped areas as well as to avoid congestion and to provide adequate site clearances in commercial areas. Section 205.103, 4B, requires a minimum side yard setback of 15 feet for the main building. Public purpose served by this requirement is to provide for adequate open areas (green divider areas) around commercial structures, maintain clear access for fire fighting and to reduce conflagration of fire. Section 205.104, 1F, #2, requires that the parking aisle be a minimum of 25 feet; unless otherwise approved by the Zoning Administrator. Public purpose served by this requirement is to provide adequate area for vehicular movement into and out of a parking area. Section 205.104, 1D, requires that parking stalls be not less than 200 square feet in area, with a minimum, width of 10 feet, in addition to whatever area is required for satisfactory movement into and out of such stall. r Public purpose served by this requirement is to provide adequate area for vehicle parking. 'The existing Code requirements on setbacks place unreasonable restriction on this land. Tb meet the C -2S requirements would make this property unbuildable.' Appeals Commission Meeting - August 24, 1982 Page 6 C. ADMINISTWIVE STAFF REVISi: This parcel is located on the southeast corner of 63rd Avenue and the University Avenue service drive and is located within the B.R.A. Center City Project. A somewhat similar proposal was made in September, 1976 and variances were approved by the City Council in November, 1978. Since that time a lot has happened with regards to planning and development within the Center City Project. The setback variances approved in 1978 were reduction of the setback from 63rd Avenue from 80 feet to 35 feet and side yard setback (south) reduction from 15 feet to 5 feet. The proposal from Mr. Doty to date is a two story with basement which appears to be possible future rental space which would increase the required parking over the amount available.on the site. Mr. Doty has also proposed to place the stair towers on the outside of the structure which would necessitate an additional variance for the setback off from University Avenue. Therefore, the staff recounends that the Board deny the proposal as submitted. Mr. Doty presented different plans to the Commission and stated that he has it down to 2 variances; he went back to the 10 feet and 30 feet that had been granted in 1978. He stated Staff informed him that he needed 35 parking stall and he has 28. He also stated that he is working out an agreement with Mr. Herrick (who owns property next door) regarding the entrance and parking and that this would meet all the requirements and provide additional green area. He also stated that he wanted a basement in this building but Staff felt that represented potential future rental area and more people. Ms. Gabel asked about square footage and he stated it was 9600 square feet total. Mr. Clark asked if he was going to build 2 full stories above grade. Mr. Doty said yes; there would be a walk-in on the first level. Ms. Gabel asked about tenants so far and Mr. Doty said that he has an insurance agency, a loan company and himself. Mr. Doty said he has had several discussions with Staff regarding the entrance and explained his plans for the entrance. Ms. Gabel stated that the agreement with Mr. Herrick would have to be in writing. Mr. Doty said that drainage is a factor with these changed plans; that Staff wants it to drain towards 63rd. Mr. Plemel stated that Dave Harris called him with concerns about parking in the front and Mr. Doty said he was aware that Dave wants all green in the front. Ms. Gabel asked when he wanted to start and Mr. Doty said he wanted to have it done by the first of the year. Mr. Plemel asked about water retention on the roof of the building; Mr. Doty said there are insurance problems with that and they are not planning for retention on the roof and the drainage will properly be towards 63rd. Mr. Clark stated that a stipulation would have to be included regarding putting in a sidewalk as part of the building. Mr. Doty had no objection to that. Mr. Clark said there would also have to be an easement on the corner given to the City for a larger radius at the curb, and Mr. Doty had no objection to that. There was no one else present for this agenda item. Appeals Commission Meeting August 24, 1982 Page 7 MOTION by Mrs. Gerou, seconded by Mr. Plemel, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC HEARING CLOSED AT 8:50 P.M. Ms. Gabel questioned that the public hearing notice stated the sideyard setback on the corner from 80 feet to 35 feet and Mr. Clark said he did not think they could approve it for less than 35 feet but they could recommend to the Council to issue a new notice for the 30 feet. Mr. Doty stated he had no problem with 39 or 35 feet or the 5 and 10 feet. Mr. Plemel felt the petitioner is really trying to do some- thing with this lot, as it is unbuildable with the way the code sits, and this is certainly a reasonable alternative and a nice building and would agree with the 2 variances. Mrs.. Gerou concurred with Mr. Plemel. Ms. Gabel felt this was certainly reasonable since they started with 5 variances and went down to two; she felt the hardship is definitely there. MOTION by Mr.Plemel, seconded by Mrs. Gerou, that the Appeals Commission recommend to the City Council, through the Planning Commission, approval of the request to reduce the sideyard setback on a corner lot from the required 80 feet to 35 feet, and to reduce the side yard setback on the south side of the building from 15 feet to 10 feet, to allow the construction of a commercial office building on the North 100 feet of the. South 259 feet of the North 1507.5 feet of the West Half of the West Half of the East Half of the Southwest Quarter of Section 14, T-30, R-24; being a part of Lots 2 and 3 of Auditor's Subdivision No. 59, the same being 6299 University Avenue N.E., Fridley, Minnesota, 55432, with the stipulation that a sidewalk be put in as part of the building; that a street easement be granted to the City on the corner of the lot; and that the parking agreement with the owner to the south be'put in writing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Mr. Plemel, seconded by Mrs. Gerou, that the Appeals Commission recommend to the City Council, to re-nublich the notice in this matter to reduce the sideyard setback on a corner lot MWETWWIrrequired 80 feet to 30 feet, that the Commission is in concurrence with that and recommends approval of that variance. UPON A VOICE VOTE, ALL VOTING, AYE, CHAIRPERSON GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. VARIANCE REQUEST PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY CODE REDUCE THE REAR YARD SETBACK FROM THE REQUIRED 25 FEET TO 0 FEET, ON LOTS 20-22 ONAWAY ADDITION AND LOTS 4-7 ONAWAY ADDITION, THE S, BEING 7753-55 BEECH STREET N.E. AND 7760 ELM STREET N.E. Reques A. Oscar Carlson 655 Fairview venue St, Paul, 1N 55 MOTION by Mrs. Gerou, seconded by Mr. Plemel, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC HEARING OPEN AT 9:00 P.M. Chairperson Gabel read the Staff Report: r STAFF 7753-55 Beech Street N.E. 7760 Elm Street N.E. section 205.134, 4C, requires a rear yard depth of not less than 25 feet. Appeals Commission Meeting - August 24, 1982 Page 8 Public purpose served by this requirement is to provide adequate open space areas around industrial structures for aesthetic and fire fighting purposes. 'Buildings are already connected with roof and walls.' C. ADMMISTPATIVE STAFF 7760 Elm Street is presently 7.5 feet from the rear lot line (Council approval December 15, 1975) and 7753 - Beech Street is 8 feet from the rear lot line (Council approval November 12, 1973). 7760 Elm Street also has a variance for a zero side yard and 7753 Beech has variances on lot coverage, parking stall size and parking setback from the building. These two buildings were joined together after both buildings were combined under one ownership. Naw it is the petitioners request to _ re -split the ownerships at the *west (survey is wrong but is being corrected) line of the vacated alley. To accomplish this, he has requested this rear yard variance and a lot split. The lot split has been recommended for approval by the Planning Commission. The City staff -bas no objection to the total package provided it is stipulated that= (1) All existing openings in the common wall are closed off with 12 inch concrete block; (2) No expansion of either building occurs along the rear lines; and (3) The petitioner work with the staff on improving the outside development. Ms. Gabel stated that this matter has gone before the Planning Commission and they have recommended a lot split. Mr. Carlson and Boulais were present as was Mr. Paske. and Mr. Harris. Mr. Carlson said they are asking for zero and Mr. Boulais stated the addition was made for the past owner and the building is too large for their operation and they were under the impression if they bought this building it could be split. Ms. Gabel asked if they were going to rent or sell the other building and he stated they would do either one. Mr. Paske stated that he is still the fee - owner of this property and did not understand how this could be done without the permission of the fee -owner and he is opposed to this and has never been asked about this. Mr. Clark stated if Mr. Paske is the fee owner he is directly involved in this. Mr. Pasked stated there are several legal problems involved in this that are not resolved. Mr. Clark asked if the legal problems would change with the lot split and Mr. Paske said it would make them worse, that there is a mortgage of record and that increasing or decreasing has nothing to do with the legal on it and there are other legal things that have to be done and there is a subsequent action pending. He stated that Attorney Guzy is working on this right now. Ms. Gabel stated that since Mr. Paske does not want this to happen and since they do not where they are legally, she would assume that they cannot do anything It this time. Mr. Boulais stated they did not come across anything in the contract that would prohibit this. Mr. Paske said he has problems with the mortgage company and they have a mortgage of record and the minute you do anything they would consider it Due Unsale. Mr. Plemel felt the legal problems should be solved before the Com- mission takes any action. Awls Commission Meeting - August 24, 1982 Page 9 MOTION by Mr. Plemel, seconded by Mrs. Gerou, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC HEARING CLOSED AT 9:20 P.M. MOTION by Mr. Plemel, seconded by Mrs. Gerou, to table this matter until the petitioner requests it be brought back to the Appeals Commission. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE,MOTION CARRIED UNANIMOUSLY. (The reasons for this being that there are too many legdlroblems involved here which prevents the Appeals Commission from taking any action. 4. VARIANCE H.t. kKequest by David A. MN 55112) TO CHAPTER 205 OF THE FRIDLEY CITY CODE. TO enue N.W. New Brighton, MOTION by Mrs. Gerou, seconded by Mr. Plemel, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC HEARING OPEN AT 9:25 P.M. Chairperson Gabel read the Staff Report: ADMINISTRATM STAFF REQ 1299 Mississippi Street B.E. ' 1.: ' 1 'J• �� `i.rl' i1 :+x_111; :rYi:r�/ Section 205.102, 1, requires a lot area of not less than 20,000 square feet for one main building, however, if the lot width for a lot is a minimum of 160 feet, the lot area requirement of 20r000 is. waived and no minimum lot area is required. Public purpose served by this requirement is to avoid the condition of overcrowding of a commercial neighborhood. This property is properly zoned for use and plotted but would not be able to build under this condition.• C. ADMMSTRATivE STAFF RSvim This lot was platted and zoned prior to the'Strea and frontage requirements of the Zoning Code. Since this proposed building and use need no other variances, we see no obvious reason for denial of the request. We however do recommend that the petitioner be required to dedicate a 15 foot easement along the south (Mississippi Street) for future street widening and bikeway/walkway construction. Appeals Commission Meeting — August 24, 1982 Paae 10 Mr. Clark showed the Commission the proposed plans and Mr. Kramber explained that he wished to build an office building for his chiropractic practice and wants to rent the basement. He stated all the setbacks and greenery will be to code and he will only need 10 parking spots. Ms. Gabel asked about the other lots in the area that are for sale. Mr. Bramber said they are being sold. Ms. Gabel asked if they are the same size and he stated yes and Mr. Plemel asked if this was all commercial and Mr. Clark stated they are C-2. Mr. Kramber said it will be a very nice looking building, the basement will have plenty of windows, 28 by 44 square feet. He said he does not have a renter for the basement yet. He stated the building will be compatible with the other buildings in the area, stucco with cedar trim, it will fit right into the neighborhood. His mother has talked to the people at Sandee's and they have no objections to these plans as these lots have been vacant for so long. He stated the building will be "house height" and he has no problems with the City with the landscaping. Mrs. Mech, 1315 -66th Street N.E., asked about parking. Mr.. Kramber explained that parking is no problem and getting in and out will be no problem and he pointed out that the lots are unbuildable without a variance. Ms. Gabel asked when he would start construction. Mr. Kramber said in October, that he is trying to get out of a lease 'night now, he will close on the land on September 15th and wants to be in by Christmas. Ms. Gabel asked if he understood the sidewalk easement and he stated he did and asked if that would cause him any problems. Mr. Clark said it wouldn't and that the county would possibly want the 15 feet and to make sure the shrubbery is planted off that. MOTION by Mrs. Gerou, seconded by Mr. Plemel, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC HEARING CLOSED AT 9:40 P.M. MOTION by Mr. Plemel, seconded by Mrs. Gerou, that the Appeals Commission recommend to the City Council, through the Planning Commission, approval of the request to reduce the required lot size from 20,000 square feet to 13,800 square feet or the lot width from 160 square feet to 83 square feet to allow the construction of a 44 foot by 28 foot office building, located on Lot 5, Block 1, Erco's Addition, the same being 1299 Mississippe Street, N.E., Fridley, Minnesota, 55432, with the stipulation that a 15 foot easement shall be dedicated along the south (Mississippi Street) for future street widening and bike-way/walkway construction. (The Commission felt this was a reasonable request as you cannot build on these lots without a variance and they would like to see something happening in this area). S. VARIANCE R PTER 205 OF THE FRIDLEY CITY CODE. TO nvv✓�, wvn a.v vn w. v, vwv.� ., v��au✓ .-.v✓s ave., @"1- ✓"$- .+4-anv 1 5 66th venue N. equest by r. & Mrs. ec 66t venue N.E.) MOTION by Mr. Plemel, seconded by Mrs. Gerou, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECALRED 4THE PUBLIC HEARING OPEN AT 9:42 P.M. Chairperson Gabel read the Staff Report: t Appeals Commission Meeting - August 24, 1982 Page 11 ADRMSTRATNE BTRFF REF'OiQ 1315 66th Avenue X.8. Section 205.153, 2, requires that in areas with setbacks greater than the minimum, the average of the setbacks for buildings within 100 feet on either side shall prevail, with a deviation allowed of six = feet more or less. 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. "Only side that faces south to build a sun porch and green house." C. ADMINISTRATIVE STAFF REVISi: 66th Avenue is a 66 foot right of way with a 12 foot boulevard. Therefore, the proposed sun porch will not appear to be abnormally close to the street, however the neighbor's house and others are set back in line with the present house. If the Appeals Commission does approve this variance, the staff has no suggested stipulations. Mrs. Betty Mech was present. 14s. Gabel stated that the hardship was pretty vague. Mrs. Mech showed the Commission her plans. She stated that it will not look like a greenouse, it will look like a sunporch, with glass panes and heavy beams and that visually it won't make much of an impact; that she is tired of the way it looks now and wants to enlarge it. Ms. Gabel asked about the roof line. Mrs. Mech said it will come off the roof at a slight slope and the doors will be 7 feet high, with a wooden catwalk about 18" wide around the whole thing for washing the windows and it will be heated and be used all year round. Ms. Gabel asked what it would look like from the outside. She said it will be glass and beams. Mr. Plemel asked who would be doing the work. Mrs. Mech said they will hire a contractor. Ms. Gabel stated the plans look nice and asked about drainage and running water. Mrs. Mech said they will have running water and have a drain go to the outside. She also said her neighbor to the south, Ed Simko, called and said he had no objections Ms. Gabel asked how soon she would do this and Mrs. Mech said that wou�d depend on whether or not they put in a well first and they may have to wait until next year. MOTION by Mrs. Gerou, seconded by Mr. Plemel, to close fhe public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC HEARING CLOSED AT 9:55 P.M. Appeals Commission Meeting - August 24, 1982 Page 12 Mr. Plemel noted there were no neighborhood objections to this and was agreeable to the variance and Ms. Gabel thought Mrs. Mech will do a good job with this. MOTION by Mrs. Gerou, seconded by Mr. Plemel, to approve the variance request to reduce the front yard setback from the required 45 feet to 39 feet to allow the construction of a 35 foot by 12 foot sunport and greenhouse located on Lot 8, Block 1, Dennis Addition, the same being 1115 - 66th Avenue N.E., Fridley, Minnesota, 55432. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. ADJOURNMENT: MOTION by Mr. Plemel, seconded by Mrs. Gerou, to adjourn. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE APPEALS COMMISSION MEETING OF AUGUST 24, 1982, ADJOURNED AT 10:05 P.M. Respectfully submitted, Deb Niznik, Recording Secretary Av T.R. r,�rnrrrgrll:, I L,,}„nn (nnyr y:urrm� ,.rnn.s rn.•v, .,•ror (L jIS� �ti elYtl�i' , rtllrrlr rhi.o.�....1.7th`T t,r,, „f.......�.. w�...... .. . ..... _..... 76 . 1 !I ............... betwern...... .N[T,D!t k a.`�.,. FR,AT,,,S1tVT,'; AND L0 AN 0351' `%TATT0'? OF Mi,?'IEAi'OLT ...................... ............................ _.................................. a corpnralion.►�_.IJrr141fX:�uIn.�.t..c.�l tl}, /ir..G 1„trf ,rrcrli .. _.............................C.�.�k�.r..s...P.�... Je13v3roy.,... ngle.......................................................................... ............ ......................................................................................................................................................................................... -...................... ............................. ntlzr County o An91S:....�.................................... _.................... and Statc of ............ ......................1Rinnesota............ .............................................. part ... Y ........... of the scrowl jrart, • II��Iftif,�' etO, Thot Cllr sn,irl.rrrrtit nl” fire 171-.0 part, in rnn�d,l.rafiorr nl-llrr S11711.n/ _...One... Dollar ...and ...other°...valuable.- cons ideration.-....'....'....-...."....'....'....-....-...".. ....-....7 ... -.... ......7111 , r.11tir5, 11 to it in. hand paid bi, th% said porty ............. the scrond part, the rrrripf trhrr•,•„f iq h(rrby ,rrknotcleddrd, dors her•rby Grant, 1?arrett.in, Sell nnrt. Convey unto the said -part ... Y................of lire o -road I,art,...Y............... heirs earl assi>rt.s, 1''or('r•rr, all the tract ............ or parr•el.............)/' land lyi.rt-; rrn,/ hrin_r in, tilt' County of .......Anoka .........................................................and ,State of Minrr,t�sota, described as f rltowc , to -u. -it: Lot 6, Block 2, Johnson's River Lane Addition, according to the duly recorded plat thereof. The four corners of each lot have been determined and marked by Judicial Landmarks as shown in District Court Case No. T-1279• The covenants herein are to be construed as made of the 7th drip of September, 1967, and subject -ero any disposition of or encumbrances upon said premisP3 not suffered or crEated by the party of the first part hereto since that date. Subject to deferred instalL--nents of unpaid special assessments and restrictions of record, if any. 1 ST'.ir oa DEPT. OF ,T/=.XAT10tJ_ -- STATE, DEED TAX DUE HEBEO:J, $2-2-- T.R. J -----” Ta �f)abe alta tG J�olb the 9)atm, Together.trilh all the heredirtawrTtl-, „nd ul,l,trrf.rnan�es there- unto belonging or in anywise tippertaining, to the sairl part..y....... ..........af the ureon.d part ,..................hts............. heirs and assigns, Forever. .4nd the said party of the first part, for itself and its s,trrrts4 rs, docs ro;,,- nant Teith the said part .....y ........... of the sFeond part .......his.............heirs 0.17.11 a''inns, that ithas not nzadr:, done, e.Leeuted or suffered any/ art or th.incs whatsoever wherelly the aly,�•r rle.srribed. pr raises or any purl. f I or may be intperiled, charged or int:urrthered. in any ritunner BOOK# / 7 DATI�C / - rt64�,_.......................................................... MUNICI. y5eV / .%A �41-e�y TC ��� PLAT 6 PARCEL J O TAXES P YABLE IN 19 / ASSESS X 230 I1G ADD CP REMOVE CP USE 10M DESC DIVISION # AC -anted premises o6oinst all per..vn.s 7,rrr/rr1111 rla;nzinf1 lite Sarrte if any, hereinbefore mentional, t1,, twirl liortrr of the fiat, part in Tem(monp tZ )atof, tile, .yaid I;,• t l,rrr•Irr 1,•r: r•rrr4.9!•r7 tler:e wr,sents to be executed in its rorl.orrrt: namr hit its ... Ass.t. Vi,. 'resident and iIR corporate seat to •e hereunto ajjiud the day and, ?pear lint above written. All th pt of the streets that lie in the plat of Johnson's River Lane Addit: lie in the following described tract: Com. on the North line of Lot 13, Auc Subdivision No. 23 Revised th is 63.97' West of the NE cor, of sd lot 13; t a N'ly direction in a straight line towards the SW cor. of lot 4 Blk 1 Johns River Lane Addition to a Point th hns River Lane Addition extended West; 1SthnEast along the N'ly lsdeNIlylot line'ofllot,6, Blk extended West to th ` e NW cor. of sd lot 6 Blk 2; th South along the West lin of sd lot 6, Blk 2 to the SW cor. of sd lot 6, Blk 2 Johnson's River Lane Ad th West along the Wily extension of the South line of lot 6 Blk 2 Johnson's Lane Addition to the East line of lot 13, Auditor's Subdivision No. 23 Revis th N'ly along the East line of sd lot 13 to the 'E cor, of sd lot 13; th We along the North line of sd lot 13, Auditor's Sub. No. 23 Revised to the poin beginning th terminating, all located in the SEL of Sec. IS City of Fridley, County of Anoka, State of Mi:znesota. ' 30,.Rge. 22 Lot 13 ' :tached sh . That art of Lot 13, Revised Au;iitor's Subdivision No. 23, Anoka County,r-00Minnesota s t P point on the northerly lying easterly of the following described linoaf the9nottheasterly corner of said ne of 1�,�eof said Lot 13, distant 84.08 feet southwesterly at 13• thanes southerly on a line which, if extended, would intersect the soviherly Ii L oint which is 130.11 feet southwesterly of Lot 14 of said Revised Auditors Subdivision of o p westerly feet thereof: �,,, the southeasterly corner of said {,ot`14, to its intersection withNh s southerly lire of said Lot 13.. , Su6jeet to an easement for roadway purposes over the Y _ SEASONAL R', 4 CITY OF FRIDLEY APPEALS COMMISSION MEETING, SEPTEMBER 21, 1982 CALL TO ORDER: Chairperson Gabel called the September 21, 1982, Appeals •Commission meeting to order at 7:35 p.m. ROLL CALL: MEMBERS PRESENT: Patricia Gabel, Jim Plemel, Alex Barna,, Donald Betzold MEMBERS ABSENT: Jean Gerou OTHERS PRESENT: Kent Hill, City of Fridley Chris-Zelevarov, 160 Mississippi Place Edward Fragale, 6480 Riverview Terrace JoAnn C. Leidal, 160 Mississippi Place A. B. Hitzemann, 160 Mississippe Place Walter Luchow, 161 - 64-1p- Way N.E. Mary Ellen Luchow, 161 - 6212- Way N.E. Lois Foster, 6441 Riverview Terrace Fred Foster, 6441 Riverview Terrace Keith Boulais, 7753 Beech Street N.E. Nels Johnson, 6456 Riverview Terrace Rick Morkri d , 6461 Riverview Terrace Jack Nugent, Far View Sign Company Jack Laurence, SignCrafters APPROVAL OF MINUTES OF AUGUST 24, 1982: MOTION by Mr. Plemel, seconded by Mr. Barna, to approve the minutes of August 24, 1982, Appeals Commission, as written. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. I. CONTINUED: VA1ftANCE P.EOUESTS PURSUANT TO CHAPTER 205 OF THE FRI_DLEY CITY DUCE THE REAR YARD SETBACK FROM 35 FEET TO 30 FEET; AND REDUCE ME KEbULAK DE YARD SETBACK FROM 15 FEET TO 10 FEET, TO ALLOW THE CONSTRUCTION OF A 4 - IT DWELLING ON PART OF LOT 13, AUDITOR'S SUBDIVISION NO. 23, ALONG WITH THE CATED PORTION OF RIVERVIEW TERRACE AS PLATTED IN JOHNSON'S RIVER LANE ADDITI OKA COUNTY, MINNESOTA THE SAME BEING 6471 RIVERVIEW TERRACE N.E. Requst by ris Zelevarov, 160 Mississippi Place N.E., Fridley, Minnesota 55432). MOTION by Mr. Barna, seconded by Mr. Plemel, to remove this item.from the table. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Mr. Plemel, seconded by Mr. Barna, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC HEARING OPEN AT 7:40 P.M. Appeals Commission Meeting - September 21, 1982 Page 2 Chairperson Gabel Read the Staff Report: ADMINISTRATIVE STAFF REPORT 6471 Riverview Terrace N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.073, A2, requires a minimum lot area of 15,000 square feet plus 1,000 square feet per dwelling unit over 4 in number. Public purpose served by this requirement is to avoid the condition of overcrowding of a residentiel neighborhood and to allow sufficient area for off-street parking and avoiding an excess burden on the existing water and sewer services. Section 205.073, 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 attractebility of a _ multiple zone. Section 205.073, 49, #3, requires a minimum side yard of 35 feet where a side yard abuts the street side of a corner Lot. Public purpose served by this requirement is to maintain adequate side yard setbacks and aesthetic open areas around multiple dwellings. Section 205.073, 4C, requires a rear yard depth of not less then 25 percent of the Lot depth, with not Less then 25 feet permitted or more than 40 feet required. Public purpose served by this requirement is to maintain adequate open space around multiple dwellings for aesthetic and fire fighting. Section 205.073, 4B, #1, requires a side yard of not Less than 15 feet. Public purpose served by this requirement is to provide for adequate open areas (green divider areas) around multiple dwellings to maintain clear access for fire fighting and to reduce conflagration of fire. B. STATED HARDSHIP: "Additional units necessary to make this a feasible project. Lend patterns are the result of road and other residential development. In addition, power Line to the south forces building to be shifted to the front of the Lot." C. ADMINISTRATIVE STAFF REVIEW: Staff has met with the petitioner several times. The hearing notice was purposely worded to give the Board the option of moving the building up to 5 feet in either the north -south or east -west directions. We recommend that the Board consider approving the requested variance so that if built, the building be located as far north 120 feet from the north Line) and as far west (25 feet from property Line) as possible. This gives the maximum open splace between the structure and the home to the south and between the structure and the existing storm sewer along the east Line. Appeals Commission Meeting •— September 21, 1982 Page 3 If the variances are approved, the petitioner has agreed to grant an easement for the existing storm sewer and he will attach a driveway easement to the existing four—plex he presently owns adjacent to and east of this site for access to this proposed 4—plex. Also, the property is properly zoned and there are existing 4—plexes to the north and east of this property. The lots to the west and south are existing single family dwellings. Since this item was last considered (August 24, 1982 meeting) Chairperson Gabel hes spent considerable time meeting with the neighbors to go over the project and the options available. The present concensus is that if: (1) the structure were moved five feet further north and five feet further west, (2) a 6 foot privacy fence was installed along the south lot line of both the new and existing buildings before or at the some time as the foundation is to be constructed, (3) and adequate landscaping was implemented, the former neighborhood concerns would be put to rest. Therefore, if the Board recommends approval, the variance approval should be with the following stipulations: 1. Dedicate an easement to the City for the existing storm sewer along the east property line. 2. Install a privacy fence along the south property line of both the new site and the existing 4—plex. 3. Record a joint driveway agreement for the common driveway. 4. Landscape plan to be approved by the City. Chairperson Gabel stated that there have been a lot of meetings with the petitioner regarding his plans for this property since the last Appeals meeting. She also said she has met with the neighbors and that all parties have finally reached an amicable agreement regarding the structure to be put on this property. Mr. Hill showed the Commission the current plans for the building and Chairperson Gabel invited the neighbors present to come up and review them and to answer any final questions they may have and to make sure these plans were agreeable to the neighbors. There was a question regarding the privacy fence and it was agreed to add a stipu- lation to the variance request that the privacy be 6 feet high for 35 feet along the south property line and then the fence may drop to four feet high. Mr. Cochran, 111-642- Way N.E., was present, he stated he was a neighbor that did not receive notice of this matter but said he was in favor of this structure going up. Mr. Fragale, said he lives across the street from the dwelling being built and was very much in favor of this dwelling being built. Mr. Hitzemann, who lives in the existing 4-plex and is a caretaker for Mr. Zelevarov, stated he felt the drainage and driveway plans are fine and that the building will be a big improvement to that lot. Ms. Leidal, who moved from St. Louis Park to the existing building, stated that she would like to see this building go up and she likes this area very much. Nels Johnson said he is satisfied with the plans now and thanked the Commission for all their work in getting the.neighbors and Mr. Zelevarov to arrive at a compromise. Appeals Commission Meeting - September 21, 1982 Page 4 MOTION by Mr. Barna, seconded by Mr. Plemel, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC HEARING CLOSED AT 8:15 P.M. Mr. Plemel stated that he was not in favor of this structure the first time it came before the Commission but he is now in favor of the current plans and stipulations and he commended Chairperson Gabel and the neighbors for arriving at a compromise. Mr. Barna stated that he would be in favor of the variance as it sounds as if the neighbors are now satisfied. Mr. Betzold stated that he thought this was the best solution as the alternatives were less desirable for everybody. Ms. Gabel was also opposed to this structure the first time but she is now in favor with the current plans and stated that the neighbors and the Commission have worked very hard on this and now feels it is a workable situation. MOTION by Mr. Plemel, seconded by Mr. Barna, that the Appeals Commission recommend to the City Council, through the Planning Commission, approval of the request to reduce the required lot size for a four -unit dwelling from 15,000.square feet to 13,250 square feet; reduce the front yard setback from 35 feet to 20 feet; reduce the side yard setback on a corner lot from 35 feet to 25 feet; reduce the rear yard setback from 35 feet to 30 feet; and reduce the regular side yard setback from 15 feet to 10 feet, to allow the construction of a 4 -unit dwelling on part of Lot 13, Auditor's Subdivision No. 23, along with the vacated portion of Riverview Terrace as platted in Johnson's River Lane Addition, Anoka County, Minnesota, the same being 6471 Riverview Terrace N.E., Fridley, Minnesota, with the Stipulations that an easement be dedicated to the City for the existing storm sewer along the east property line; that a 6 foot high privacy fence be installed along the south ' °'property line of both the new site and the existing 4-plex and then the fence may drop to 4 feet high 35 feet from Riverview Terrace; that there be recorded a joint tighway agreement for common driveway; and that the landscape plan be aDnroved by the City. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. TABLED: VARIANCE REQUEST PURSUANT TO CHAPTER 205 OF THE FEET N.E. (Request by A. Oscar Carlson, b55 Fairview Avenue, MOTION by Mr. Betzold, seconded by Mr. Barna, to remove this item from the table. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THIS MOTION CARRIED UNANIMOUSLY. MOTION by Mr. Barna, seconded by Mr. Plemel, to open the public hearing. UPON A VOICE VOTE ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC HEARING OPEN AT 8:20 P.M. Chairperson Gabel read the Staff Report: ArMINISTRATIVE STAFF REPORT 7753-55 Beech Street N.E. 7760 Elm Street N.E. Section 205.134, 4C, requires a rear yard depth of not less than 25 feet. - Appeals Commission Meeting - September 21, 1982 Page 5 Public purpose served by this requirement is to provide adequate open space areas around industrial structures for aesthetic and f ire fighting purposes. "Buildings are already connected with roof and walls.' C. ADMINISTRATIVE STAFF RSVISis 7760 Elm Street is presently 7.5 feet from the rear lot line (Council approval December 15, 1975) and 7753 Beech Street is 8 feet f rom the rear lot line (Council approval November 12, 1973). 7760 Elm Street also has a variance for a zero side yard and 7753 Beech has variances on lot coverage, parking stall size and parking setback from the building. These two buildings were joined together after both buildings were combined under one ownership. Now it is the petitioners request to re -split the ownerships at the *west (survey is wrong but is being corrected) line of the vacated alley. To accomplish this, he has requested this rear yard variance and a lot split. The lot split has been recommended for approval by the Planning C omission. The City staff has no objection to the total package provided it is stipulated that; (1) All existing openings in the common wall are closed off with 12 inch concrete block; (2) No expansion of either building occurs along the rear lines; and (3) The petitioner work with the staff on improving the outside development. Mr. Boulais was present for this item, Mr. Paschke was not present, but Ms. Gabel had a written agreement which was signed by Mr. Paschke pending approval of his attorney, Mr. Robert Lukes, which stated: ". . .Vendor and Paschke agree that neither will object to any proceedings brought by the purchasors before the City of Fridley or any other city or county entity or court with jurisdiction over the matter which attempts to obtain (the lot split). " Ms. Gabel felt that the Commission could proceed on this item based upon this agreement and with the stipulation that all legal requirements be met and that the Staff is satisfied that all the legal requirements are met before this goes to the City Council. Ms. Gabel did say the lot split was approved at Planning and Mr. Boulais brought up a new survey. He said that any openings in the wall will be closed with 12" block and the line is actually right on the wall. Mr. Barna asked if the split will be right down the middle of the wall. Mr. Boulais said yes and there will be a common wall agreement. He stated the utilities and facilities will be separate and there will be separate entrances. He also stated they will have easy access for their loading dock. Mr. Hill asked if he forsaw any problems with parking and Mr. Boulaid said there will be no problems with that as they do not have the staff for that kind of parking, it is just trucks and light assembly. Mr. Plemel asked for a clarification of the stipulations. Ms. Gabel said she wanted a stipu- lation that the staff is satisfied with all legal documents prior to the council meeting. Appeals Commission Meeting - September 21, 1982 Paae 6 Mr. Betzold asked for a clarification of the term "subject to approval by attorney" in the written agreement. Mr. Boulais stated that the documents were drawn over a couple of days and Mr. Paschke was asking that his attorney approve the last wording in the agreement. Mr. Betzold then asked if it was possible tht the agreement was out if the attorney did not agree to it. Mr. Boulais stated that it was his under- standing, when the document was delivered this evening, that the attorney had approved the agreement. MOTION by Mr. Betzold, seconded by Mr. Barna, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC HEARING CLOSED AT 8:35 P.M. MOTION by Mr. Betzold, seconded by Mr. Barna, that the Appeals Commission recommend to the City Council, through the Planning Commission, approval of the request to reduce the rear yard setback from the required 25 feet to 0 feet, for two buildings located on Lots 20, 21 and 22, and Lots 4, 5, 6, and 7, all in Block 7, Onaway Addition, the same being 7753-55 Beech Street and 7760 Elm Street N.E., Fridley, Minnesota, subject to the following Stipulations: That the attorney, Robert Lukes, has approved of the agreement and that there is proof of same; that the Staff has approved and accepted all required legal documents and that these approvals take place prior to the City Council meeting; and, further, that (1) All existing openings in the common wallare closed off with 12 inch concrete block; (2) No expansion of either building occurs along the rear lines; and (3) The petitioner work with the staff on improving the outside development. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Gabel informed Mr. Boulais that if there are any snags in the documents, it will hold things up and explained that the lot split was contingent upon variance approval. 3. VARIANCE REQUEST PURSUANT TO CHAPTER 214 OF THE FRIDLEY CITY CODE, TO INCREASE THE SQUARE FOOTAGE FOR A FREE STANDING SIGN FROM 144 SQUARE FEET TO 176 SOUARE SAME BEING 7600 HIGHWAY #65 N.E. [PETITIONER'AAS GRANTED A VARIANCE ON AUGUST (Request by Gordon J. Aspenson, Lampert Buil.ding Center, 7600 Highway #65 N.E., Fridley, Minnesota 35432). MOTION by Mr. Plemel, seconded by Mr. Barna, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC HEARING OPEN AT 8:45 P.M. Chairperson Gabel read the Staff Report: ADMINISTRATIVE STAFF REPORT 7600 Highway #65 N.E. A. PUBLIC PURPOSE SERVED BY RE(IUIREMENT: Section 214.047, A2, requires a maximum size of 80 square feet for a free standing sign. Public purpose served by this requirement is to control visual pollution and excessive use of signs in industrial areas. Appeals Commission Meeting - September 21, 1982 Page -7 8. STATED HARDSHIPS "To properly advertise to Highway #65 because of distance to highway." C. ADMINISTRATIVE STAFF REVIEW: A request for a 210 square foot (10' x 21') pylon sign was denied by the Board of Appeals on 7/25/78 (see attached minutes). The existing pylon sign is 144 square feet (8' x 18') which was approved on August 21, 1876 for a size variance and has the message of "Lampert Building Center". The wall signage was approved by staff on 5/14/82 (see attached sign permit). Lampert proposes to install an additional 32 square foot (4' x 81) Lighted panel to the existing pylon which would be a manual changeable message center. The totaL square footage with this additional signage would be 176 square feet, a variance in sign size of 96 square feet over the allowed 80 square feet for this district. If approved, the Commission may went to consider the foLLowing stipulations: 1. Screening of east parking area from public right of way. 2. Screen outside storage from public view along east, west and north. 3. Repair and maintain existing fence. 4. Provide protection of fence from vehicles and storage. 5. Outside storage is 2 - 3 feet above fence Line. S. Outside open air seles area may need a SpeciaL Use Permit and is being Located in rparking tot. There was no one present for this agenda item. Mr. Hill reported that they have added additional signage; they have added additional wall signage and they have a banner up. He stated they are requesting a variance for signs they have already installed. MOTION by Mr. Plemel, seconded by Mr. Betzold, to table this item until the petitioner appears. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. At this time, Chairperson Gabel went to Agenda Item #5. 5. VARIANCE REQUEST R 214 OF THE FRIDL TO RE TO 10 FEET FROM THE SERVICE DRIVE RIGHT_ -OF -WAY. TO ALLOW THE CONSTRUCTION OF ITY AVENUE N.E. (Request by Jack Nugent, Farview Sign versity Avenue S.E., Minneapolis, MN 55414 any, MOTION by Mr. Betzold, seconded by Mr. Barna, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON DECLARED THE PUBLIC HEARING OPEN AT 8:47 P.M. Chairperson Gabel read the Staff Report: Appeals Commission Meeting - September 21, 1982 Page 8 ADMINISTRATIVE STAFF REPORT 7233 University Avenue N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 214.047, E4, requires a minimum 30 foot setback from any street right of way, a Section 214.047, E5, requires a minimum 500 foot setback from the intersection of any street or highway which intersects with Truck Highway f479 such distance being measured from the intersection of street or highway center Line. Public purpose served by these requirements is to control visual pollution and excessive use of billboards along the City's highways and to provide adequate "Line of sight" cLaarances at intersections. 8. STATED HARDSHIP: "Due to easement granted by Minnesota Transfer Reilroed to the City of Fridley, an unusual lot contour resulted Limiting use by owner for any or several purposes. The curvature of the access road to 73rd Avenue requires seeking a variance of setback from said road. The setback needed for University Avenue can be accomplished, or, if a variance is granted to set the sign 480 feet from the intersection, side setbacks on both roads can be complied with." C. ADMINISTRATIVE STAFF REVIEW: The proposed billboard sign is to be placed on the southern portion of the "tear shaped" piece of vacant property on the southeast corner of 73rd Avenue and University Avenue. PLecament of this billboard will determine which of the above variances should be reviewed by the Commission. The City CounciL had a first reading of an ordinance to rezone this property from M-2 to C-2, which occured on 10/26/81, after a public hearing on 10/19/81 (see attached ordinance). If this property is rezoned to C-2, this billboard would than become a Legal non-comforming sign, since billboard signs are only allowed in C -2S, M-1 and M-2 districts. Mr. Jack Nugent, FarYiew Sign Company, and Mr. Jack Laurence, SignCrafters, were present for this item. Mr. Hill stated that Mark Haggerty brought the zoning request to City Council and that Mr. Haggerty is getting together a proposal to purchase the property within the next several days and at that time they would proceed with the rezoning of this property. He has been in contact with the Soo Line and they are in agreement that if the Appeals Commission approves the billboard sign, they would put in a contingency clause that the billboard would be removed within a certain amount of time if the property is going to be developed. Ms. Gabel stated that Mr. Haggerty is confident that he can get the financing and will go ahead with his plans to develop this property. Appeals Commission Meeting - September 21, 1982 _ Page 9 Ms. Gabel also mentioned that there are some significant development plans for this area. Mr. Hill said they could situate the sign so they could meet the 500 yard setback off the intersection but they would not meet the setback off the service drive or they could move the sign up and that either way there would be a variance. Mr. Plemel asked what the sign would be advertising. Mr. Nugent said it would be a sign for KSTP. Ms. Gabel mentioned the traffic study done in that area and they would be given "D" traffic conditions if there was a retail business there. She asked how they determined this should be the place to put the billboard. Mr. Nugent said it was a highly travelled area, it was vacant, it was accessible and they had first option on the land with the Soo Line people since the bank plan fell through last year. He said they would be interested in purchasing that piece of property (where the sign would be placed) or applying for a conditional use permit. Mr. Hill stated that Mr. HaggerV expects to have a purchase agreement for this property within the next 7 days. Ms. Gabel stated she could not imagine why they would want to put up an expensive sign that they might have to take down in a very short time. Mr. Nugent stated it is possible that Mr. Haggerty may not get financing. Mr. Hill also stated that the City would not be in favor of splitting that lot. Ms. Gabel asked if they had pictures of the sign. Mr. Nugent showed them pictures of the sign. He said it is very attractive, 10 feet by 30 feet, and the latest state-of-the-art in signage. He said it is lighted inside, polyvinyl chloride, a heavy coated plastic, flexible material, 9 -color silkscreened and reusable. Mr. Laurence showed them samples of signs they are going to put up at the Met Center and stated they have two in the dome area downtown. Ms. Gabel said she is concerned with visual pollution and the traffic at that corner and that people in the community have expressed a desire not to have any more billboards. Mr. Nugent stated that this particular area is remarkably devoid of any signage and thought the visual pollution would be minimal with this particular sign. Mr. Betzold stated that it is a difficult curve to maneuver in this area and you really have to pay attention. Ms. Gabel stated that she is generally opposed to the billboard concept and that she was not sure that the hardship was defined properly Mr. Plemel agreed that the question of hardship was not answered. Mr. Nugent said this is an irregular piece of property and it makes them ask for a variance. Mr. Barna asked if the basic message will be the same on the sign and Mr. Hill asked about maintenance if the sign is damage. Mr. Nugent said the message will be for KSTP and that their staff is always checking on their signs and if there is damage they will be out immediately. MOTION by Mr. Plemel, seconded by Mr. Barna, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC HEARING CLOSED"AT"9r:23 P.M. MOTION by Mr. Plemel, seconded by Mr. Barna, that the Appeals Commission recommend to the City Council, through the Planning Commission, approval of the request to reduce the distance from 30 feet to 10 feet from the service drive right-of-way, to allow the construction of a billboard on Tract A, Registered Land Survey No. 78, the same being 7233 University Avenue N.E., Fridley, Minnesota, 55432. UPON A VOICE VOTE, THREE VOTING AYE AND CHAIRPERSON GABEL VOTING NAY, CHAIRPERSON GABEL DECLARED THE MOTION CARRIED. (Mr. Hill said he would check again to see if there is a special use permit required. Ms. Gabel said she did not want to add anymore billboards in Fridley and felt that the hardship was more self-imposed than real. Mr. Plemel felt that the sign would probably come down in 3-4 years because of developments occurring in that area. Appeals Commission Meeting — September 21, 1982 Page 10 Mr. Betzold felt this company should have a chance to put up a sign but he was sorry to see this piece of greenery go and he did agree with Ms. Gabel about the number of signs in Fridley. 4. VARIANCE REQUEST PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY CODE, TO RE E CITY COUNCIL. (Request by Robert Schroer, versity Avenue N.E., Fridley, rm MOTION by Mr. Barna, seconded by Mr. Betzold, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC HEARING OPEN AT 9:40 P.M. Ms. Gabel reported that the Commission received a memo from Mr. Robert Schroer requesting to table this item. MOTION by Mr. Barna, seconded by Mr. Plemel, to receive the memo from Mr. Robert Schroer regarding tabling of this variance request. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Mr. Plemel, seconded by Mr. Barna, to table this variance request. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Mr. Barna, seconded by Mr. Plemel, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC HEARING CLOSED AT 9:42 P.M. AnanURNMENT: MOTION by Mr. Plemel, seconded by Mr. Barna, to adjourn. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE APPEALS COMMISSION MEETING OF SEPTEMBER 21, 1982, ADJOURNED AT 9:43 P.M. Respectfully submitted, Deb Niznik Recording Secretary CITY OF FRI LEY 6431 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA 55432 CITY COUNCIL ACTION TAKEN NOTICE TELEPHONE ( 812)571-3450 October 1, 1982 Chris Zelevarov 160 Mississippi Place N.E. Fridley, Mn 55432 Dear Mr. Zelevarov: On September 27, 1982_� the Fridley City Council officially approved your request for variances to build a 4-plex at 6471 Riverview Terrace with the stipulations listed below: 1. Dedicate a 10 ft. easement to the City for the existing storm sewer along the east property line of 6471 Riverview Terrace, 2. Record a joint driveway agreement for the common driveway between 6471 Riverview Terrace and 160 Mississippi Place, 3. Install a 6 foot privacy fence along the south property of both properties denoted in #2 above; the fence to only 4 feet from the edge of Riverview Terrace and running 35 foot ease, to provide for line -of -site visibility, 4. Landscape plan to be approved by the City, and 5. Construction of the building be the same as submitted to the City. If you have any qUestinns regarding the above action, please call the CoTorianity Development Office at 571-3450. JLR/de Please review the noted stipulations, sign the statement below, and return one copy to the City of Fridley. Coflc:ur with action taken. 0 . COUNCIL MEETING OF SEPTEMBER 27, 1982 PAGE 17 Erco's Addition so that one hslf of this Lot is added to Lot 5 and that a 15 foot bikeway/walkway easement be provided along the south (Mississippi Street) of Lot 5. Seconded by Councilman Hamernik. Upon a -voice vote, aLL voting eye, Mayor Nee declared the motion carried unanimously. 6 D ITEM FROM APPEALS COMMISSION MEETING OF SEPTEMBER 15. 19B2 — CONSIDERATION OF VARIANCES TO ALLOW THE CONSTRUCTION OF A FOUR—PLEX, CHRIS ZELEVAROV. B471 RIVERVIEW TERRACE N. E.: Mr. Flora, Public Works Director, stated this property is located on Mississippi Place and Riverview Terrace. He stated the developer has worked with the staff regarding plans for this structure in order to .satisfy the requirements and desires of the neighborhood. Mr. Flors stated the variances required for construction of this four—plex are as follows: (1) reduction of the required Lot area from 15,000 square feet to 13,250 square feet; (2) reduction of the required front yard setback from 35 feet to 20 feet; (3) reduction of the required side yard, corner Lot, setback from 35 feet to 25 feet; (4) reduction of the required regular side yard setback from 15 feet to 10 feet; and (5) reduction of the required rear yard setback from 35 feet to 30 feet. He stated, in addition to these variances, the Appeals Commission also recommended the following stipulations: (1) dedication of an easement to the City for the existing storm sewer slong the east property Line of 6 471 Riverview Terrace; (2) Record a joint driveway agreement for the common driveway between 6471 Riverview Terrace and 160 Mississippi Place; (3) install a six foot privacy fence along the south property of both properties denoted in #2 above; the fence to be only four feet from the edge of Riverview Terrace and running 35 feet east, to provide for Line—of— sight visibility, and (4) Landscape plan to be approved by the City. Councilmen Fitzpatrick stated there was a great deal of discussion regarding this variance request and one of the reasons the neighborhood went along with the request is because they were pleased with the proposed building plans. He felt, in granting these variances, the stipulations of the Appeals Commission should also be included and the variances be contingent upon the building plans, as submitted. MOTION by Councilman Fitzpatrick to concur with the Appeals Commission and grant the foLLowing variances: (1) reduce the required Lot area from 15,000 to 13,250 square feet; (2) reduce the required front yard setback from 35 feet to 20 feet; (3) reduce the required side yard, corner Lot, setback from 35 feet to 25 feet; (4) reduce the required regular side yard setback from 15 feet to 10 feet; and (5) reduce the required rear yard setback from 35 feet to 30 feet, subject to the foLLowing stipulations: (1) dedication of an easement to the City for the existing storm sewer slong the east property Line of 6471 Riverview Terrace; I2) record a joint driveway agreement for the common driveway between 6471 Riverview Terrace and 160 Mississippi Place; (3) install a six foot privacy fence along the south property of both properties denoted in #2 above; the fence to be only four feet from the edge of Riverview Terrace and running 35 feet east, to provide for line—of— sight visibility, and (4) the Landscape plan to be approved by the City. Further, these variances are contingent upon the execution of the building plan as submitted. Seconded by Councilman Schneider. Upon a voice vote, ell voting eye, Mayor Nee declared the motion carried unanimously. ' COUNCIL FETING OF SEPTEMBER 27 1982 PAGE 18 MOTION by Councilman Fitzpatrick to receive the minutes of the Planning Commission meeting of September 15, 1982. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF A PETITION BY SUPERAMERICA ON SPECIAL USE PERMIT SP #77- 17 REQUEST. 5667 UNIVERSITY AVENUE NE: Mr. Flare, Public Works Director, stated this is a request by Superamerice for ra—instatement of special use permit, SP #77-17, to allow construction of a Superamerice store at 57th and University. Mr. Fiore stated SP #77- 17 approved an operation from 6 a. m. to 11 p. m.; allowed the encroachment onto the frontage road during construction; and honored all agreements for property transactions associated with the new Loop—back. Mr. Flora stated, in reviewing the new plan, the following changes were noted: (1) the building is being moved south and is 18 feet 4 inches from the rear property line; (2) the building is of earth shelter—type construction; (3) the east driveway ingress/egress is 40 feet from 57th Avenue, and (4) two gas pump islands are now present, only one was on the original plan. Mr. Fiore stated Superamerica has also requested a 24 hour operation, rather than the hours of 6 a. m. to 11 p. m. Mr. Schuette, representing Superamerics, appeared before the Council and stated they wished to re—instate the special use permit in order to get started with construction of this facility. Mr. Schuette stated the building is a new type earth shelter construction, and they will have two gas pump islands which they feel is almost a necessity today. He stated they will construct the Loop—back and they have moved the driveway, which is the existing service road, 25 feet away from the corner in order for persons to make an easier turn. Mr. Deselms, Superamerics, presented the plan so Council could see what exactly was proposed. Councilman Barnette stated one of the controversies when the CounciL first considered this speciaL use permit was the hours of operation. Mr. Schuette stated this has been discussed and they are willing to go back to 6 a. m. to 11 p. m. for their operation. Councilmen Hamernik stated he talked with two residents most directly impacted and they wanted the hours of 6 a. m. to 11 p. m. to be kept for this operation. Mr. Qureshi, City Manager, questioned the width of the service drive, and Mr. Flora stated it was 30 feet. Mr. Qureshi asked if the service road was not there, if this meets all the requirements of the Zoning Ordinance to which Mr. Flora answered in the aftirmative. N 44 ;LV , W;of Miinnleap�olis MEN September 30, 1982 To Whom It May Concern: Should Mr. Chris Zelevarov need $5,000 for yard or driveways when he has contructed his new building, we would be willing to fund the loan. This commitment will run for a period of time that it takes to contruct the building, which would be approximately ninety days. If there are any questions regarding this matter, please contact me. H. L. Erickson Assistant Nice President HLE:ecb 7th and Marquette Avenue • Minneapolis, Minnesota 55479 9 (612) 372-8123 BMW CITY ®F FRIDLEY 6431 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA 55432 TELEPHONE ( 812)571-3450 October 1, 1982 Chris Zelevarov 160 Mississippi Place N.E. Fridley, Mn 55432 CITY COUNCIL ACTION TAKEN NOTICE Dear Mr. Zelevarov: On September 227 1982 the Fridley City Council officially approved your request for vagi cna es to build a 4-plex at 6471 Riverview Terrace with the stipulations listed below: 1. Dedicate a 10 ft. easement to the City for the existing storm sewer along the east property line of 6471 Riverview Terrace, 2. Record a joint driveway agreement for the common driveway between 6471 Riverview Terrace and 160 Mississippi Place, 3. Install a 6 foot privacy fence along the south property of both properties denoted in #2 above; the fence to only 4 feet from the edge of Riverview Terrace and running 35 foot ease, to provide for line -of -site visibility, 4. Landscape plan to be approved by the City, and 5. Construction of the building be the same as submitted to the City. If you have any questions regarding the above action, please call the Conirunity Development Office at 571-3450. JLPMe Please review the noted stipulations, sign the statement below, and return one copy to the City of Fridley. Cof�c-L- witn action taken. OIRECTORATE OF PUBLIC WORKS DATE October 18, 1982 i TO 0 -MAI INFO. SUBJECT 6471 Riverview Terrace N.E. (4-plex) MEMORANDUM FROM D.P.W. Darrel Clark I TO 0 ACTION INFO. SUBJECT 6471 Riverview Terrace N.E. (4-plex) John Flora, Director of Public Works I have heard that there has been a possible misunderstanding about the date that the City issued a building permit to Chris Zelevarov for the construction of a 4-plex at 6471 Riverview Terrace N.E. Please recall that there were some variances that had to be granted prior to this permit authorization. The Board of Appeals acted in favor of the petitioner at their meeting of September 21, 1982 and the City Council also approved the action of the Board on September 27, 1982. The petitioner may have cleared the trees and dug the hole before Council action, however I can assure you that no building permit was issued prior to September 28, 1982 and in fact, records indicate that a footing inspection was made and authorization was given to pour the footing on September 28, 1982 after the Council acted. DGC/mh 5 3 33 , L ItIll 1 , �;��` °� N4 23 73 o`'` N 10 c!) %ACT��a�s�Ay A°a sUb N `�, o Z ^� 90.36 5 44"L L VIA z A l N / —` . O N� j 83.33 C i73 106. S I MIS , _�,_ � O �1 97.17 4 40 N UV 10 0 CA '` --��hne ��y, � .;.,. �, a U}1�i'�`f x.53' �\ � • �. 2 tiltl INCso Vf kE-REBY CERTIFY THAT THE CITY COUNCIL OF THE CITY OF FR I DLEY ANOKA GOUNTY, M I NNE S ACCEPTED AND APPROVED THE ANNE�,ED PLAT OF JOHNSON'S RIVER LANE ADDITION AT A RMLAR MEE7I 1ru I It -L, ^ 4 DAY OF _<S A.D . 1960. 'IrJAR47 .74 4y 6 AA • / �^^�-�. sz �r 111 .1 4 4!b'.iE1U WOO zo 't��ti. ,Y ((L�' �."1 y, .0 - �. tts' _ ,�,, �,. �*•. '` Af, 15 a•s � ..s,. ".F a'f � � x 1. a is . jj lb IA- bLad .ism Oz -�i � �� - _ � - ' ` -��c. - • gyp• �i'�aRP', +4v '.t 'R- 'h k +rae' sesq,:>sx nS•lw. .�'� •fz.a.- `' a. q L, � �• zi-' -x •`" - a "�' t4 kb t°'a �+i +� � ..4 . Y 4 - : - .;� ai' '' r '-. ��e'�`h�. =ri��•t � � � z r -Y � } .�,t' { �„-. o i"�E",'�$ �- �r � ��i :• �T,H�r .,n "fi' �. �-. +.."' •. V TN! CITU O: OIRECTORATE OF PUBLIC WORKS R DATE Mme., o , 0011 MEMORANDUM FROM D.P.W. TO ACTION INFO. SUBJECT Chris Zelevarov Nasim M. Oureshi, City Manaaer At the May 2, 1983 City Council meeting, Mr. Zelevarov raised a number of items pertaining to his development of property at 6471, 6473, 6475, and 6477 Riverview Terrace. When the original request to construct a fourplex on Riverview Terrace and Mississippi Place was submitted to the city, a number of problems were encountered. ° 1. The parcel of land consisted of the vacated portion of Riverview Terrace. 2. The total amount of property required an area variance. 3. The building as proposed, required four set -back variances. These items were first presented to the Appeals Commission on August 24, 1982. After considerable negotiations by the city staff and Pat Gabel, chairperson for the Appeals Commission, the neighborhood concerns and variances were worked out with certain stipulations at the September 21, 1982 meeting. 1. Dedication of an easement for the storm sewer within the previous street vacated area. 2. Placement of a privacy fence along the southern property line. 3. Recording of a joint driveway agreement for this property and the adjacent four plex owned by Mr. Zelevarov. 4. Landscaping plan agreement. The City Council approved the variances with the four stipulations plus added one more --that the building be constructed the same as submitted to the City at their September 27, 1982 meeting --This was an accelerated action by the Council in order to allow construction to start that fall. Because of the adjoining neighborhood concerns and complaints, the staff became involved with this development throughout the fall and winter of .. t MEMO TO CM Page 2 May 9, 1983 1982, 1983. Correspondences were mailed October 21, December 7, December 22, and March 22. During this entire period, Mr. Zelevarov has failed to satisfy the stipulations required by the Council. We have informed Mr. Zelevarov that no occupancy permit will be issued for this building until such time as the stipulations are satisfied. The attached memorandum from Sid Inman explains the'events and policies associated with the construction of this four plex and charges for water and sewer connections. In all communications with Mr. Zelevarov, the City staff has explained the issues, visited the property, met with the neighbors, received verbal abuse and threats and attempted to reconcile all items for completion. Mr. Zelevarov has not responded inkind, as a matter of fact, he continues to delay his actions. JGF/mc Attachments �� 9 iio o 36 wQ+ Aid .� 9a • t .o ��Of `lf'J �' •, a L, c" O -- 'ce- Al �"Z o°', 3 - �� e9 3 i p 1'1.4 9► �- � wt 40 O r 8 7 y P oo „0 7 i P 30 vc = A'o MISS1 +1 m n o• � ` � ,� A 1t� 3L p�. Loi z5 �`y`'�`, l '°r' •• ••'• .r;;; 44 IL 10 -500 573 ••'�':;'r��r :r::•::d:i. 85.0 ,�� ll+i •� � OtA 1 oac . " • Aua Sib• �1 •• •i; •i'" '••. is ` \�l [ 1 t If HEREBY CERTIFY THAT THE CITY COUNCIL OF THE CITY OF FRIDLEY ANOKA !:OUNTY, MINNES ACCEPTED AND APPROVED THE ANNE*ED PLAT OF JOHNSON'S RIVER LANE ADDITION AT A RMLAR MEETI TN14 >�., DAY OF Q_s: A•�• ���C• . - , - rf • : r �i r�� - • � � •.' C•yT+'� �1 �^1 VARYANCE- i pwps90L)a.Ta r� ! Byiit pt4G "- ,46 w4 ce � �` ! � • . _ _ �! � a'�'.`, � ,tea :t�i.oedr... -i3� t ' � r,•� r lei sscs roy _ 4{s�s s 1 iry'►iq 11 r �� bl. -- - '• .ettM bL:`L41�LaW_ } . If, 45M 0,16 Vu ' +p40. lb Itr` Nz r. elT veivt •pi - �.� i • C r '� 0 P 1 11A *0 qb LILW- ACV lb &VLol ~LL Mo Y � � : �� tee.. .*`_.- �_ il�.�_. �" � 1 r-- --�� i� '. �• ��=i�•�::. �'� :� ��� .►.•'. - ,� .�. .�- , . At ys 1•'_ _'-i!''.,�� ,� t •,� ' ♦i^tom •. �� �.� w • • _. v t •"�� �• ���.'��sM.. _ �'� �• ��;'� ar_�. 3. ,..fit .t �-':,.. Z _ .��° •�`;( ;S'". . is.,i*� ��� *�� : 1 �• _T �e�-� �2 • • +•� • r+. �` f,�i �' :_ � � �i�l :r' "�" � . :Z,+,'�. ��!�,^�:y-�i `�•�• _",►x .;L •. �^+ ,� G � a. _ :.�''- •� tr. ` �`t •� �';',•.: �.'�f'!' .,.a• • •�' _ iii• 'T •: ' CITY OF FRI®LEY •431 UNIVERSITY AVENUE N.E.. FRIDLEY. MINNESOTA S6432 TELEPHONE ( 612)ST1.3450 October 1, 1982 Chris Zelevarov 160 Mississippi Place N.E. Fridley, Mn 55432 CITY COUNCIL ACTION TAKEN NOTICE Dear Mr. Zelevarov: Gn September 27, 1982 �__+ the Fridley City Council officially approved your request fur variances to build a 4-plex at 6471 Riverview Terrace tt'ith the stipulations listed below: 1. Dedicate a 10 ft. easement to the City for the existing storm sewer along the east property line of 6471 Riverview Terrace, 2. Record a joint driveway agreement for the common driveway between 6471 Riverview Terrace and 160 Mississippi Place, 3. Install a 6 foot privacy fence along the south property of both properties denoted in #2 above; the fence to only 4 feet from the edge of Riverview Terrace and running 35 foot ease, to provide for line -of -site visibility, 4. Landscape plan to be approved by the City, and 5. Construction of the building be the same as submitted to the City. If you have any gvestions regarding the above action, please call the CoirT.Jnity Development Office at 571-3450. Sincerely, JERRGt L. OARDi-',N JLP/de City Planner Please revie.! the nnted stipulations, sign the statement below, and returr. ane copy to the City of rridley. Co�l�;::• witn action taken. CITY OF FRI®LEY 6431 UNIVERSITY AVENUE N.E.. FRIDLEY, MINNESOTA SS432 TELEPHONE ( 612)571-3150 �r March 22, 1983 �r Mr. Chris Jelevarov 160 Mississippi Place N.E. Fridley, MN 55432 Re: Certificate of Occupancy for 6171-73-75-77 Riverview Terrace N.E., Fridley, MN Dear Mr. Jelevarov: We are pleased to inform you that the four unit building referenced above has been inspected and does meet the Building Code. There are some items that must be accomplished prior to the City issuing a Certificate of Occupancy. We recognize that you may want to occupy prior to completion of the outside improvements, however there are three items that must be satisfied prior to the issuance of a temporary occupancy: 1. Sign and return the 10 foot storm sewer easement that has been in your possession since September. 2. File with Anoka County the joint driveway easement. The document must first be submitted to the City for review and approval. 3. Obtain a license for rental property (application enclosed). The three additional items that must be completed prior to the City's issuance of a final Certificate of Occupancy are: 1. Fence: Complete the construction of a privacy fence along your south property line for both buildings by May 15, 1983. ?lease submit the plans and specifications prior to construction for City approval. 2. Parking: Complete the parking lot and driveway as shown on the approved plan by June 15, 1983. If any changes in the plan are implemented, you first must have City approval to do no. 3. Landscaping:- All landscaping must be completed according to the approved plan by June 15, 1983• All these items were included in a letter sent to you, dated December 22, 1982. If you have any questions, please call me at 571-3450. Since ly, Q G. GA.MA Chief Building Official _ DGC/mh ENC: 1 CITY OF FRIDLEY MEMORANDUM TO: JOHN FLORA, PUBLIC WORKS DIRECTOR FROM: SID INMAN, DIRECTOR OF CENTRAL SERVICES SUBJECT: CHRIS JELLEVAROV DATES: MAY 5, 1983 As per your request, attached is the following assessment information for Mr. Jellevarov. When the City originally installed water and sewer laterals (water and sewer lines) and sewer and water connections (tees), a determination was made to assess all property owners for the cost of the water and sewer laterals but hold off on the assessment of the service connections until such time as the property is developed. All water and sewer laterals were assessed to the property at the time of insta.11ation. This process has been in effect for a number of years. When a property owner chooses to connect to the City's service connections, we assess them the cost of that project with an accrued interest rate times the number of years that have lapsed between the installation of the service connections and the current date. The developer does have the opportunity and choice to connect to the sewer and water laterals not using our service connections at their own expense. When Mr. Jellevarov started to develop this piece of property, it was his intent to connect to the water and sewer laterals on Mississippi Place at his own expense and not use our service connections. At some point duirng the development, it was determined he would also have to connect to the existing service connections on Riverview Terrace. He did connect one set of sewer and water lines to our existing sewer laterals on Mississippi Place at his own expense. He did not connect into any existing service connections on Mississippi Place, therefore, the whole expense was paid directly to an individual plumbing contractor. He did connect to existing service connections on Riverview Terrace, therefore, we have assessed him $447.39 for that connection based on the cost of Project No. 70 completed in 1965. This was discussed with him in detail and he has, in fact, signed a special assessment payment agreement with the City of Fridley dated October 21, 1982. There seems to be some confusion as to why this did not appear.on his search as a pending when he bought the property. This assessment did not exist at that time as we had no knowledge of his intent to use the service connections. It has been our history in the past that this becomes an assessment on the property at the time the developer chooses to use the service connections. i il JOHN FLORA, PUBLIC WORKS DIRECTOR CHRIS JELLEVAROV MAY 5, 1983 For your information, this will be part of the 1983 Service Connection Roll and will be assessed in October of this year. There is an additional concern over this development that I would like to bring to your attention at this time. When Mr. Jellevarov came in and requested water meters, we explaned to him that we would like to install one water meter for the entire building. It was his choice that each individual apartment have its own water meter. Apparently, he intends to sell the apartments eventually for condos. We explained to him at that time that irrespective of how many water meters there are in the building, it is his responsibility to pay the water bills. We explained to him that if a tenant moves out without paying the water bill,it will be his responsibility. We additionally explained to him that if the water bill is not paid it will be assessed to him through the County as a lien against his property and will be his responsibility. During the discussion, Mr. Jellevarov raised the level of concern about this and felt it was the responsibility of the City to collect the amount from the renter. I made it very clear to him that if this happens, it will be his responsibility. I am bringing this to your attention as a clarification of the process in anticipation of future problems. If you have any further questions on this matter, please feel free to let me know. SCI:sh 1� ti a �-- - `i Keay ',�;t,t 4 n //'_• _ ' .- ;] L.:?�, � L �N � - �. •'O . 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Oureshi, City Manager At the May 2, 1983 City Council meeting, Mr. Zelevarov raised a number of items pertaining to his development of property at 6471, 6473, 6475, and 6477 Riverview Terrace. When the original request to construct a fourplex on Riverview Terrace and Mississippi Place was submitted to the city, a number of problems were encountered. 1. The parcel of land consisted of the vacated portion of Riverview Terrace. 2. The total amount of property required an area variance. 3. The building as proposed, required four set -back variances. These items were first presented to the Appeals Commission on August 24, 1982. After considerable negotiations by the city staff and Pat Gabel, chairperson for the Appeals Commission, the neighborhood concerns and variances were worked out with certain stipulations at the September 21, 1982 meeting. 1. Dedication of an easement for the storm sewer within the previous street vacated area. 2. Placement of a privacy fence along the southern property line. 3. Recording of a joint driveway agreement for this property and the adjacent four plex owned by Mr. Zelevarov. 4. Landscaping plan agreement. The City Council approved the variances with the four stipulations plus added one more --that the building be constructed the s=ame as submitted to the City at their September 27, 1982 meeting --This was an accelerated action by the Council in order to allow construction to start that fall. Because of the adjoining neighborhood concerns and complaints, the staff became involved with this development throughout the fall and winter of MEMO TO CM Page 2 May 9, 1983 1982, 1983. Correspondences were mailed October 21, December 7, December 22, and March 22. During this entire period, Mr. Zelevarov has failed to satisfy the stipulations required by the Council. We have informed Mr. ,Zelevarov that no occupancy permit.will be issued for this building until such time as the stipulations are satisfied. The attached memorandum from Sid Inman explains the:events and policies associated with the construction of this four plex and charges for water and sewer connections. In all communications with Mr. Zelevarov, the City staff has explained the issues, visited the property, met with the neighbors, received verbal abuse and threats and attempted to reconcile all items for completion. Mr. Zelevarov has not responded inkind, as a matter of fact, he continues to delay his actions. JGF/mc Attachments 'v Na 2 3 0 s 5 c .N N �' , c 9p.36 t .v �• c� Al pl N ct a/ Y+ V' Qb �• '''� N d 'o V� Its � i s 7` S', �- s cc �.�„o,j ppb � 3 3 0 o11 ' NA .�T � 4 '. \o F o ♦�\ q Itl3L 04 P� Sub EY�• :•:•.::�::� ' ::• - C 1 1 ?fir•,. '•'r • .. / • 1 ::::• : rM r'r'••: • ` -Soo v R`v Aid Sib' r * •!• 1 . �-•✓ .•moi � � A o� "VC HEREBY CERTIFY THAT THE CITY COUNCIL OF THE CITY OF FRIDLEY ANOKA COUNTY, MINNES • ACCEPTED AND APPROVED THE ANNE*ED PLAT OF JOHNSON'S RIVER LANE ADDITION AT A RMLAR MEETI DAY ` OF •4_t A.O . 1960. VARIAN' X417 Riwpii'yI PW t !I1 0 .. _ 6 AA 1 . . t.T' � t Brig �lct �� y� w4 C. ` ;{tuti�� priTza q C.; �� �t .tom• —16 �f tit I K — . _ ^�"Q'•� '7e's.� i 11k 04L `ALL • . t •'�.�•� .. .•. �• � � '�4� a .�.M �' '-' •,= �•`•• '.-��.=i' • "'` � �:4.. .T_ $� .e .*r• r �_ t114 _. �'• 1 � t ir. •'. �.. +.~� �,--�� . .T�• '� t_ r �!f rr'.: .'� -•%� • •• • • . �� i .�- _ _ 4- s -�� •---T-. �'i�w� •' -- P.• �"i, � ... :' tet, t jam, � ;.,��e`��.'• --r.. s.`. ��� _ �'.�r.'t`-�. t•- ��+�. .: I•``�- a f-•�a`1 :'�_�. I i'•yy�► �•_��• �`}+�� �". :,� �s���o` �' �^�� 1f^tom. .`� 1 i �r eft ��: � .� •-• P 7j ..��t •:! y ' "i ► • tea— �' .-t •'..LSMM".. ..� .. . _.. .': �#s•�.�. 4'' i �.r" • Y � ' 1 . ys�• ws ' '`j i�� �7 ve �� �2 ??�� :i►� �� f isjR .j/ �_i�i �� �s`_`t. .c. �• � . r • • .. _ -. � ... Yv! -► �. . _ i .lam +- • - �. - _ • i 1 _ � � CITY OF FRIOLEY •431 UNIVERSITY AVENUE N.E.. FRIDLEY, MINNESOTA 66432 TELEPHONE ( 612)S71.3/S0 October 1. 1982 Chris Zelevarov 160 Mississippi Place N.E. Fridley, Mn 55432 CITY COUNCIL ACTION TAKEN NOTICE Dear Mr. Zelevarov: On_ September 27, 19%2---,T-- the Fridley City Council officially approved your request for variances to build a 4-plex at 6471 Riverview Terrace %,it), the stipulations listed below: 1. Dedicate a 10 ft. easement to the City for the existing storm sewer along the east property line of 6471 Riverview Terrace, 2. Record a joint driveway agreement for the common driveway between 6471 Riverview Terrace and 160 Mississippi Place, 3. Install a 6 foot privacy fence along the south property of both properties denoted in #2 above; the fence to only 4 feet from the edge of Riverview Terrace and running 35 foot ease, to provide for line -of -site visibility, 4. Landscape plan to be approved by the City, and 5. Construction of the building be the same as submitted to the City. If you have any grestinns regarding the above action, please call the Coirrijnity Development Office at 571-3450. Sincerely, - JERRGL �L.�OARD N JLF/de City Planner Phase revie-o the nAed stipulations, sign the statement below, and return one copy to the City of Fridley. Cr�i�;::• with action token. _ CITY OF FRI®LEY 6131 UNIVERSITY AVENUE N.E.. FRIDLEY, MINNESOTA 55132 TELEPHONE (612)571-3150 March 22, 1983 Mr. Chris Jelevarov 160 Mississippi Place H.E. Fridley, MN 55432 Re: Certificate of Occupancy for 6471-73-75-77 Riverview Terrace H.E., Fridley, MN Dear Mr. Jelevarov: We are pleased to inform you that the four unit building referenced above has been inspected and does meet the Building Code. There are some items that must be accomplished prior to the City issuing a Certificate of Occupancy. We recognize that you may want to occupy prior to completion of the outside improvements, however there are three items that must be satisfied prior to the issuance of a temporary occupancy: 1. Sign and return the 10 foot storm sewer easement that has been in your possession since September. 2. File with Anoka County the joint driveway easement. The document must first be submitted to the City for review and approval. 3. Obtain a license for rental property (application enclosed). The three additional items that must be completed prior to the City's issuance of a final Certificate of Occupancy are: I. Fence: Complete the construction of a privacy fence along your south property line for both buildings by May 15, 1983. Please submit the plans and specifications prior to construction for City approval. 2. Parking: Complete the parking lot and driveway as shown on the approved plan by June 15, 1983. If any changes in the plan are implemented, you first must have City approval to do so. 3. Landscaping: All landscaping must be completed according to the approved plan by June 15, 1983• All these items were included in a letter sent to you, dated December 22, 1982. If you have any questions, please call me at 571-3450. Since ly, G.MA QKX&---) Chief Building Official DGC/mh ENC: 1 CITY OF FRIDLEY MEMORANDUM TO: JOHN FLORA, PUBLIC WORKS DIRECTOR FROM: SID INMAN, DIRECTOR OF CENTRAL SERVICES SUBJECT: CHRIS JELLEVAROV DATES: MAY 5, 1983 As per your request, attached is the following assessment information for Mr. Jellevarov. When the City originally installed water and sewer laterals (water and sewer lines) and sewer and water connections (tees), a determination was made to assess all property owners for the cost of the water and sewer laterals but hold off on the assessment of the service connections until such time as the property is developed. All water and sewer laterals were assessed to the property at the time of installation. This process has been in effect for a number of years. When a property owner chooses to connect to the City's service connections, we assess them the cost of that project with an accrued interest rate times the number of years that have lapsed between the installation of the service connections and the current date. The developer does have the opportunity and choice to connect to the sewer and water laterals not using our service connections at their own expense. When Mr. Jellevarov started to develop this piece of property, it was his intent to connect to the water and sewer laterals on Mississippi Place at his own expense and not use our service connections. At some point duirng the development, it was determined he would also have to connect to the existing service connections on Riverview Terrace. He did connect one set of sewer and water lines to our existing sewer laterals on Mississippi Place at his own expense. He did not connect into any existing service connections on Mississippi Place, therefore, the whole expense was paid directly to an individual plumbing contractor. He did connect to existing service connections on Riverview Terrace, therefore, we have assessed him $447.39 for that connection based on the cost of Project No. 70 completed in 1965. This was discussed with him in detail and he has, in fact, signed a special assessment payment agreement with the City of Fridley dated October 21, 1982. There seems to be some confusion as to why this did not appear on his search as a pending when he bought the property. This assessment did not exist at that time as we had no knowledge of his intent to use the service connections. It has been our history in the past that this becomes an assessment on the property at the time the developer chooses to use the service connections. JOHN FLORA, PUBLIC WORKS DIRECTOR CHRIS JELLEVAROV MAY 5, 1983 For your information, this will be part of the 1983 Service Connection Roll and will be assessed in October of this year. There is an additional concern over this development that I would like to bring to your attention at this time. When Mr. Jellevarov came in and requested water meters, we explaned to him that we would like to install one water meter for the entire building. It was his choice that each individual apartment have its own water meter. Apparently, he intends to sell the apartments eventually for condos. We explained to him at that time that irrespective of how many water meters there are in the building, it is his responsibility to pay the water bills. We explained to him that if a tenant moves out without paying the water bill,it will be his responsibility. We additionally explained to him that if the water bill is not paid it will be assessed to flim through the County as a lien against his property and will be his responsibility. During the discussion, Mr. Jellevarov raised the level of concern about this and felt it was the responsibility of the City to collect the amount from the renter. I made it very clear to him that if this happens, it will be his responsibility. I am bringing this to your attention as a clarification of the process in anticipation of future problems. If you have any further questions on this matter, please feel free to let me know. SCI:sh COUNCZ MEETIM OF MAY 16, 1983 PAGE 7 MO'T'ION by Councilman ,,Schneider to receive the minutes of the Planning Commission Meeting of May 4, 1983. Seconded by Co `cilman Barnette. Upon a voice vote, all,,v`oting aye, Mayor Nee de c are the motion carried unanimously. obtsITERATION OFJ MR. CHRIS ZELEVAROV' S REaEST FOR��N TAE SMW /✓�� our7cro r"tw rTPTf1A7 CM%V LnD d-TTA7TT WITTSITAY_ h P/kd71 RTVFRVTW MMR- M 'amu Mr. Flora, Public Works Director, explained that connection charges were assessed to this property owned by Mr. Zelevarov. He stated, in this particular case, there were two separate connections, one off Mississippi Place and an additional one on Riverview Terrace in order for this property to be developed as a condo. Mr. Flora stated there were a number of variances given when this property was developed and the Appeals Commission worked hard with the developer and adjacent property owners to find the best location and a number of concessions were made on both sides. He stated the stipulations that were made for the property have not, as yet, been complied with. i4 Mr. Qureshi, City Manager, stated the question is if the Council feels the connection charges were justified. He pointed out this has been the City's policy to charge for connection at the time someone hooks up to the sewer ��j or water system. Mr. Herrick, City Attorney, stated he felt the problem arose over confusion whether the past owner should hve paid these charges when the lines were constructed. He stated Mr. Zelevarov bought the property and supposedly all the special assessments were paid, and assessed to the previous owner. He stated if it can be pointed out this is not an assessment, but a connection charge, perhaps the problem can be resolved. r CO ID A'C'TON OF CUMEM DEVEIDPMM BI= GRANT - JOBS BILL ALLOCATION: f Mr. Qureshi, City Manager, stated the allocation of community,,development block graft funds under the Federal jobs, bill could be used,,for any of the eligible programs set upin the 1983 regulations for the Program. r He stated stff has ""therefore, made a recd pendation/to allocate Fridley's portion of these funds to St. Philip's project. MOTION by Counalman Hamernik to allocate the c6msnunity development block grant funds rived under the jobs bill to St. Fbillip's project. Seconded by Councilmen Barnette. Upon a voice vote,' all voting aye, Mayor Nee declared th moti�n carried unanimously. 8 Mr. Flora, Publicrks Director, reviewed the properties in the City scheduled for the Co ty tax forfeit land sale. MOTION by Councilman *rnette to' concur with the staff's recommendation concerning disposition of tax forfeit properties scheduled for the County's 1983 sale. Seconded by Councilman Schneider. Upon''a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10 'i DA Do IVA I �.ez )I C"R0 � I DIVTOV 1) 4 �,ew � 0 V VJ6014 090 1 IM -1i DI;1 f ACV 400 by Councilman Hamernik to receive the bids. PiAHIiO ,�DIIt BID BOND BASE BID Allied Blacktop 10503 - Avenue North 5% $179,;943.17 Maple Gr , MN 55369 Bituminous Roadways { s 2825 Cedar A4 ue 5% ="$183,533.57 Minneapolis, 55407 Midwest Paving &",Recycling �` Company► Inc. d.r 6350 Industrial Drive 5% $195,465.24 Eden Prairie, MN 55344` Batzer Construction, Inc, P.O. Box 1025 5% (Late Bid 11:15) St. Cloud, MN 56301 %, ¢` $190,006.87 Seconded by Councilman Schne de -r. UP9 a voice vote, all voting aye, Mayor Nee declared the motion carrieex unar}nously. P� u Mr. Flora, Public Works Director,' four bids were received for this sealcoating project ranging fro��$1-10,000 to $195,000. He stated this was a joint bid with the cities of/0 lumla Heights and -New Brighton and, it was found that Allied Blacktois the" ow bidder and Fridley's portion is $52,925.12. k Mr. Flora stated, inrev ewing the priceskeceived in this bid as compared with last year, the Ciy saved about $7;1000. He felt even though the prices were lower this year than last year,"Vhe joint bid process allowed additional savings,, MOTION by Councilm.Fitzpatrick to find that �lied Blacktop is the low bidder and awardAthe contract to them in the `mount of $52,925.12 for Fridley's portic�of this sealcoating project. ,Seconded by Councilman Hamernik. UpDna voice vote, all voting aye, MayorlWe declared the motion carried unanim6usly. .. NMON by Councilman Schneider to extend congratulation to the staff for a job well -ane and for participating in this joint biddin' ocess in order to realize a saving to the City. Seconded by Councilman Fttzptarick. Upon a void vote, all voting aye, Mayor Nee declared the igtion carried unaninoousiv. MOTION by Councilman Hamernik to adopt Resolution No. 48-1983. Seconded"t Councilman Schneider. Upon a voice vote, all voting aye, Mayor Ne declared the motion carried unanimously. May 17, 1983 Mr. Qureshi: Re: Chris Zelevarov At, -the recent Council meeting, it was mentioned that we would not issue a Certificate of Occupancy until such time as he has complied with all of the various variances and easements. Additionally, in John's memo, he mentions that a Certificate of Occupancy has not been issued. The Water Billing Division informs me that one of the apartments has been occupied since April 1, and the person has a phone number. I present this just for your information. Sid cc: John Flora s:. f CITY OF FRIDLEY 6431 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA 55432 TELEPHONE 4 5121571.3450 June 30, 1983 H.L. Erickson, Asst: V. Pres. Northwestern National Bank of Mpls. 7th & Marquette Ave. Mpls., MN 55479 RE: $5,000 Letter of credit for Chris Zelevarov Dear Mr. Erickson, On September 30, 1982, yotr bank issued a letter committing $5,000 for "yard and driveways" for a new building owned by the above (see attached letter). To date, the "yard and driveways" have not been constructed according to approved plans or City zoning laws. We request that the letter of credit authorized on September 30, 1982 remain in force until such improvements are completed. If you have any questions regarding this matter, feel free to call me at 571-3450. Sincerely, V4 William S. Deblon Associate Planner WSD/jh C-83-31 i O NORTHWESTERN NATIONAL BANK Of Minneapolis September 30, 1982 To Whom It May Concern: Should Mr. Chris Zelevarov need $5,000 for yard or driveways when he has contr d his new building, we would be willing to fund the n. Thismitment will run for a period of time that takes to con uct the building, which would be approxima ely ninety days. If there (are any questi contact me. H. L. Erickson Assistant Vice President HLE:ecb regarding this matter, please 7th and Marquette Avenue • Minneapolis. Minnesota 55479 9 (612) 372.8123 t. &NCO July 5, 1983 City of Fridley 6431 University Avenue NE Fridley, MN 55432 Attention: William S. Deblon Associate Planner Dear Mr. Deblon: Norwest Bank Minneapolis, N. A. 4712 Chicago Avenue South Minneapolis, Minnesota 55407 8121372 0294 In response to your letter of June 30, 1983 to which you have attached our "To Whom It May Concern" letter regarding the $5,000 loan to Chris Zelevarov, you will note that this letter is dated September 30, 1982 and, in the body of the letter, our commitment to Mr. Zelevarov is for a loan during the period of construction which would be approximately 90 days. This letter, signed by me, in no way constitutes a Letter of Credit, and since the period of time has long since run its course, any leverage that you may have had, which would have been minimal, is now completely gone. I must say, that if all things are equal as they were September 30, 1982 in our relationship with Mr. Zelevarov, we perhaps would still be willing to extend the $5,000 loan. If you have any further questions regarding this matter, please contact me. Sincerely, 7 H. L. Erickson Assistant Vice President allOSM THU CITY OF r DIRECTORATE OF PUBLIC WORKS FRI L Y �I n&Tc July 8, 1983 MEMO NO. 83-42 MEMORANDUM I FROM D.P.W. Bill Debl n - Plannina TO ACTION INFO. SUBJECT Chris Zelevatov 4-p1ex 6471 Riverview Terrace'N.E. n&Tc July 8, 1983 MEMO NO. 83-42 MEMORANDUM I FROM D.P.W. Bill Debl n - Plannina TO ACTION INFO. SUBJECT Chris Zelevatov 4-p1ex 6471 Riverview Terrace'N.E. John Flora X Vat I have been notified by a(,Norwest Bank officdcal, H. E. Erickson, that we never had a letter of credit from the above.. The letter we did have on file only committed a loan to the above if he needed it. The City could not then nor now draw upon the credit to complete the outside improvements on this property. Our only course of action is to pursue compliance with the building permit and zoning ordinance. I will begin the process promptly. WED/de ��®® Norwest Bank Minneapolis. N. A. NORWEST BANKS 4712 Chicago Avenue South R®R®® Minneapolis, Minnesota 55407 R/ IiN 6121372 0294 July 5, 1983 City of Fridley 6431 University Avenue NE Fridley, MN 55432 Attention: William S. Deblon Associate Planner Dear Mr. Deblon: In response to your letter of June 30, 1983 to which you have attached our "To Whom It May Concern" letter regarding the $5,000 loan to Chris Zelevarov, you will note that this letter is dated September 30, 1982 and, in the body of the letter, our commitment to Mr. Zelevarov is for a loan during the period of construction which would be approximately 90 days. This letter, signed by me, in no way constitutes a Letter of Credit, and since the period of time has long since run its course, any leverage that you may have had, which would have been minimal, is now completely gone. I must say, that if all things are equal as they were September 30, 1982 in our relationship with Mr. Zelevarov, we perhaps would still be willing to extend the $5,000 loan. If you have.any further questions regarding this matter, please contact me. Sincerely, H. L. Erickson Assistant Vice President 0084Lv