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VAR 01.73%� h if, J/ / 22 gee: �G /,. -I_ii- - V Meeting Date:o APPLICATION TO THE BOARD OF APPEALS AND CITY CGVNCIL FOR SPECIAX USE PYWIT, VAgIA110E Ir. RE'QUiRii*SEN S 07 CERTAIN ORDI)WICES OF THE. CITY OF FRIDL.EY (Applicant to complete iters 1, 2, 3) 1® Name and Address of Alaplicsant 2® Legal Description of Property (also general locaticn, such ne:"n®)rth.- east corner of 64th Avenues and 5th Street" or 6415 Fifth Street") 0 3. Describe the variance requested. (Attach Plat er Survoq nt Aro"rty showing location of proposed building, eta., Bali® adjolntng prepart'iea and mnership within 200' df said property.) 4. Co=enta by administrative official denyin; crfginsl requcst for buildin, pemit or other permit. (To be cc.-nplct d b; a.a,.9i:,'_otrli Lva o:iici ,l> Appropriate ordinances and section of QrdfnLncd Lo v,! eita3.) I SWAM S. Notice of Hearing sppeaVed in official Newspaper an the following dates :_ / Al (must be at least once 10 days before meeting = � copy of notice to attached). i. board Members notified of meeting by (hist 1440bers, Date Notified, and "Yes" or 0QNe1' or PIAGO to attend hearing). a 7. f l an -to At -tend AO kips appeat and the fall* property amers having property wichtu 2UC' Aoti$ s Sy Phone potf f ted by or Mail (14itial) . ?allowing Board Members and interested parties were pTsj,3-: at the Rearinsi VA OTHER PARTIES: NAME ADDRESS �'..Q9 4 91� J9 9. opinions and recommendations by BOARD OF APPEALS: 10. For Above Recommendations ll.-Alkctl&c,:-, by C"ity Council and Date: / Y qj I Against Recommendations WILLIAM A. CARLSON, PRES. 2 3,-4 W E!5,T 11 oth T - REET 888208V 56431 SURVEY FOR; DEGARDNER 'FEALTY. CERTIFICATE OF SURVEY r LAND SURVEYORS Licensed, Insured & Bonded -J-\ C7, N7 roAl 1-- .. ­_ - -1 DESCRIPTION; LOTS 27 AND28, BLOCK S, RIVERVIEW HEIGHT'St EXCEPT THAT PART TAKEN FOR STREET. ""E CORRECT REPRESENTATION �, HER -BY CERTIFY THAT THIS IS A TRUE AND OF A SURVEY OF THE BOUNDARIES OF THE LAND ABOVE DESCP18ED ANT) C>':' THE LOCATION OF Al -L -BUILDINGS, IF A:-vY,, THEREON, A i'll D i, LL -V I S 1 3 IL E ENCROACHIJENTS9 IF ANJYv FROt-1 OR ON SAID LANDS AS SURVEYED 8'US 27TH DAY OF DECEkIBER, 1972. f���� , U� )t` ��� . �. v' OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE BOARD OF APPEALS TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN THAT the Board of Appeals of the City of Fridley will meet in the Council Chamber of the City Hall at 7:30 P.M. on Tuesday, January 30, 1973 to consider the following matter: A request for a variance of Section 45.053, 1B, Fridley City Code, to reduce the minimum required lot area from 7500 square feet to 5250 square feet and Section 45.054, 2A, 4b, Fridley City Code, to allow the finished floor level, of the upper story in a split entry design house, to be less than 6 feet above grade, to allow the construction of a dwelling to be located on Lots 27 and 28, Block S, Riverview Heights Addition, the same being 8125 Riverview Terrace N.E., Fridley, Minnesota. (Request by Robert DeGardner, 7950 East River Road N.E., Fridley, Minnesota.) Anyone who desires to be heard with reference to the above matter may be heard at this meeting. ROBERT A. MINISH CHAIRMAN BOARD OF APPEALS n it ?' i �� .% r�P OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE BOARD OF APPEALS TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN THAT the Board of Appeals of the City of Fridley will meet in the Council Chamber of the City Hall at 7:30 P.M. on Tuesday, January 30, 1973 to consider the following matter: A request for a variance of Section 45.053, 1B, Fridley City Code, to reduce the minimum required lot area from 7500 square feet to 5250 square feet and Section 45.054, 2A, 4b, Fridley City Code, to allow the finished floor level, of the upper story in a split entry design house, to be less than 6 feet above grade, to allow the construction.of a dwelling to be located on Lots 27 and 28, Block S, Riverview Heights Addition, the same being 8125 Riverview Terrace N.E., Fridley, Minnesota. (Request by Robert DeGardner, 7950 East River Road N.E., Fridley, Minnesota.) Anyone who desires to be heard with reference to the above matter may be heard at this meeting. ROBERT A. MINISH CHAIRMAN BOARD OF APPEALS # THE MINUTES OF THE BOARD OF APPEALS SUBCOMMITTEE MEETING OF JANUARY 30, 1973 The meeting was called to order by Chairman Minish at 7:38 P.M. \ MEMBERS PRESENT: Minish, Crowder, Wahlberg MEMBERS ABSENT: Harju, Sondh.eimer OTHERS PRESENT: Ron Morris MOTION by Wahlberg to approve the minutes of the December 12, 1972 meeting as written. Seconded by Crowder. Upon a voice vote, there being no nays, the motion carried unanimously. 1. A REQUEST FOR A VARIANCE OF SECTION 45.053, 1B, FRIDLEY C TIY CODE, TO REDUCE THE MINIMUM REQUIRED LOT AREA FROM 7500 SQUARE FEET TO 5250 SQUARE FEET AND SECTION 45.054, 2A, 2B, FRIDLEY CITY CODE, TO ALLOW THE FINISHED FLOOR LEVEL, OF THE UPPER STORY IN A SPLIT ENTRY DESIGN HOUSE, TO BE LESS THAN 6 FEET ABOVE GRADE, TO ALLOW THE CONSTRUCTION OF A DWELLING TO BE LOCATED ON LOTS 27 AND 28, BLOCK S, RIVERVIEW HEIGHTS ADDITION, TBE SAME BEING 8125 RIVERVIEW TERRACE N.E., FRIDLEY. MINNESOTA. (REQUEST BY ROBERT DEGARDNER 7950 EAST RIVER ROAD N E , FRIDLEY, MINNESOTA.) MOTION by Wahlberg to waive reading the public hearing notice. Seconded by Crowder. Upon a voice vote, there being no nays, the motion carried. Mr. DeGardner was not present to present the request. Chairman Minish stated the Board would consider the requests by Mr. Drake and J ` return to this request after Mr. DeGardner arrived. 2. A REQUEST FOR A VARIANCE OF SECTION 45.053, 1B, TO REDUCE THE MINIMUM REQUIRED LOT AREA FOR A LOT IN A PLAT RECORDED BEFORE DECEMBER 29 1955 FROM 750G SQUARE FEET TO 5500 SQUARE FEET TO ALLOW THE CONSTRUCTION OF A DWELLING ON LOTS 15 AND 16, BLOCK H, RIVERVIEW HEIGHTS ADDITION, THE SAME BEING 529 GLENCOE STREET N.E. FRIDLEY MINNESOTA, -(REQUEST BY MR. GORDON R. DRAKE 7226 RIVERDALE ROAD BROOKLYN CENTER, MINNESOTA.) 3. A REQUEST FOR A VARIANCE OF SECTION 45.053, 1B, TO REDUCE THE MINIMUM REQULR.ED LOT AREA FOR A LOT IN A PLAT RECORDED BEFORE DECEMBER 29, 1955, FROM 7500 SQUARE FEET TO 6875 SQUARE FEET TO ALLOW THE CONSTRUCTION OF A DWELLING ON LOTS 14 AND 13, AND THE WEST % OF LOT 12, BLOCK H, RIVERVIEW HEIGHTS ADDITION, THE SAME BEING 527 GLENCOE STREET N.E., FRIDLEY, MINNESOTA. (REQUEST BY MR. GORDON R. DRAKE, 7226 RIVERDALE ROAD, BROOKLYN CENTER, MINNESOTA.) 4. A_ REQUEST FOR A VARIANCE OF SECTION 45.053, 1B, TO REDUCE THE MINIMUM REQUIRED LOT AREA FOR A LOT IN A PLAT RECORDED BEFORE DECEMBER 29 1955 FROM 7500 SQUARE FEET TO 5500 SQUARE FEET TO ALLOW THE CONSTRUCTION OF A DWELLING ON LOTS 57 AND 58, BLOCK I, RIVERVIEW HEIGHTS ADDITION, THE SAME BEING 520 GLENCOE STREET N E , FRIDLEY, MINNESOTA. (REQUEST BY MR GORDON R DRAKE, 7226 RIVERDALE ROAD BROOKLYN CENTER, MINNESOTA.) .A The Minutes of the Board of Appeals Subcommittee Meeting of January 30, 1973 . Page 2 5. A REQUEST FOR A VARIANCE OF SECTION 45.053, 1B. TO REDUCE THE MINIMUM REQUIRED LOT AREA FOR A LOT IN A PLAT RECORDED BEFORE DECEMBER 29, 1955 FROM 7500 SQUARE FEET TO 5500 SQUARE FEET TO ALLOW THE CONSTRUCTION OF A DWELLING ON LOTS 55 AND 56. BLOCK I. RIVERVIEW HEIGHTS ADDITION, THE SAME BEING 526 GLENCOE STREET N E FRIDLEY MINNESOTA. (REQUEST BY MR. GORDON R DRAKE 7226 RIVERDALE ROAD BROOKLYN CENTER, MINNESOTA.) Mr. Gordon Drake was present to present his requests. Mr. Drake explained the sizes of each prospective lot; those north of Glencoe were to be 622 feet each and those south of Glencoe were 50 foot lots. Mr. Drake further explained that the homes were ramblers laid lengthwise on the lot and that each house placement would meet all zoning requirements. Mrs. Wahlberg asked where a garage would be located. Mr. Drake indicated a driveway along the side of the house with a garage in the rear yard, to be built later_ if the owner desired. Mr. Crowder asked if Mr. Drake felt the cost would be prohibitive to purchase . additional lots abutting the present lots. Mr. Drake replied that the 50 foot lots abutting the property were being sold at the cost of an independent building site and consequently would put the homes out of range of other homes in the area. These homes were to be at the top of the price range in this area, $24,000 m $25,000. Mr. Crowder moved to close the public hearing. Seconded by Mrs. Wahlberg, upon a voice vote, there being no nays, the motion carried. MOTION by Crowder to recommend to Council approval of all four requests by Mr. Drake, for variances of the square footage requirements on Lots 15 and 16, Block H, Riverview Heights Addition, Lots 14, 13, and the West 2 of 12, Block H, Riverview Heights Addition, Lots 57.and 58, Block I, Riverview Heights Addition, and Lots 55 and 56, Block I, Riverview Heights Addition. I Seconded by Wahlberg. Upon a voice vote, there being no nays, the motion carried. Chairman Minish referred back to item #1 as Mr. DeGardner had arrived. Mr. DeGardner explained that a building was presently on the site, and this building would be razed and a home built in its place. A discussion followed in regard to the likelihood of future floods in this area. Chairman Minish reminded Mr. DeGardner that this area was part of that being considered for flood plain zoning. Mr. DeGardner replied that he realized this, but he lives in the area and cannot see where there would be a problem since the road was raised. Mr. Crowder asked if he would consider waiting until the flood plain question is settled. Mr. DeGardner indicated a desire to begin immediately and would like action this evening. Mr. Minish was concerned about the welfare of the prospective owner in that he be informed of the location of the house in relation to the 1965 flood and the flood plain. S The Minutes of the Board of Appeals Subcommittee Meeting of January 30, 1973 Page 3 A discussion followed regarding bank loan proposals and requirements. Mr. DeGardner mentioned the price of the home to be in the area of $28,000. A gentleman from the audience commented that his son owned the home to the north and he had no objections to the variance. Mr. Crowder moved to close the public hearing. Seconded by Wahlberg. Upon a voice vote, there being no nays, the motion carried. Mr. Crowder stated he was concerned with the 5200 square foot lot but was willing to act. He felt it might be possible for the future owner to pick up additional land but that it would presently be a hardship especially considering the utilities running along the north boundry of the property. Mr. Crowder said he would have preferred to wait till the river plan was complete but since the petitioner desired immediate action he would act of the request. MOTION by Crowder to recommend to the Council approval of the variance if Mr. DeGardner would be willing to notify the prospective owner in writing of the high water level of 1965. Seconded by Wahlberg. Upon a voice vote, there being no nays, the motion carried unanimously. ADJOURNMENT: The meeting was adjourned at 8:42 P.M. by Chairman Minish. Respectfully submitted, zz 710 RON MORRIS Acting Secretary REGULAR COUNCIL MEETING,FEBRUARY I=+EBRUARY 5, 1973 C PAGE 21 would not commit themselves. The City Attorney suggested preparing a detailed letter including elevations and pictures and sending it to F. -H. A. as this may bring about more results. The City Engineer said it had taken two weeks to schedule the upcoming meeting. He said they - ---- ----- would try to satisfy some of the Council's concerns in the area and suggest the Rice Creek area be called the Creek protection area. He added, we will try again to get the answers to the questions the Council is asking. Councilman Breider asked what the attitude of F. H. A. would be if a house was associated with flood insurance. Mayor Liebl said this is the type of question that should,be incorporated in the letter pre- pared by the City Attorney. He asked the City Attorney if he would assist in this plan. The City Attorney answered yes. MOTION by Councilman Breider'to table any action until the next meeting. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RECEIVING THE MINUTES OF THE BOARD OF APPEALS MEETING OF JANUARY 30, 197: A REQUEST FOR A VARIANCE OF SECTION 45.053, IB, FRIDLEY CITY CODE. TO REDUCE THE MINIMUM REQUIRED LOT AREA FROM 7500 SQUARE FEET TO 5250 SQUARE FEET AND SECTION 45.054, 2A, 2B FRIDLEY CITY CODL TO ALLOW THE FINISHED FLOOR LEVEL, OF THE UPPER STORY IN A SPLIT ENTRY DESIGN HOUSE TO BE LESS THAN 6 FEET ABOVE GRADE, TO ALLOW THE CONSTRUCTION OF A DWELLING TO BE LOCATED ON LOTS 27 AND 28, BLOCKS RIVERVIEW HEIGHTS ADDITION THE SAME BEING 8125 RIVERVIEW TERRACE N E FRIDLEY MINNESOTA (RE UEST BY ROBERT DEGARDNER. 7950 EAST RIVER ROAD N.E., FRIDLEY. MINNESOTA,) The City Engineer said the request for a variance by Mr. DeGardner had been recommended for approval by the Board of Appeals: He said the lot is within the proposed flood plain area and the prospective property owner should be notified as to the level of the flood waters in 1965. He said he believed the new building standards to be required by flood plain zoning should be met in this area to prevent further damage. He said, in this area it would not be too difficult to build a building at a.higher level. Mayor Liell asked if Mr. DeGardner was present and if he had any comments. Mr. DeGardner addressed the Council saying the water level of the 1965 flood just came up to this lot. He added, in the event there should be a more severe flood, it may fill the basement with water, but the living area is five feet above the grade and should not be affected at any time. He said the road in this area had been raised three feet since the 1965 flood. Mr. DeGardner said he had constructed ten to twelve homesin this area and had never sought F. H. A. financing as F. H. A. had turned the entire area down. HA_ said they had been applying for MGIC financing. He added, it was his opinion the MGIC financing would take over all F. H. A. financing within the next five years as they were not so restrictive. He said, they only require 50X, down, He ouestioned whether this financing ;:ould be. affcctel if the flood plain za:-,:i:;ng were to be adopted. REGULAR COUNCIL MEETING, FEBRUARY 5, 1973 PAGE 22 Mayor Liebl asked what price range this home would be. Mr. DeGardner said it would be approximately $28,000. Mayor Liebl asked Councilman Nee if he had any comments as this was within his -Ward. Councilman -Nee said in the future he would like this type of proposal to be accompanied by a site plan: and waiver. He said he believed it very unfortunate that the -house on the south side of this has an im- proper profile. - - MOTION by Councilman Nee to approve the variance with all future proposals submitted to the Council for approval accompanied by a site plan of the structure. The City Engineer said this information is always present if the Council- men wish to see it. Councilman Nee said the building mentioned takes up 80% of the lot. The City Engineer said as these are all small lots in this area, they will all look a-littl-e crowded. SECONDED by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared 'the motion carried unanimous-ly. Mayor Liebl asked the City Attorney if it had been the practice of the City to obtain a letter waiving the City's responsibility as it pertains to flooding? The City Attorney said he did not recall such a practice. The City Attorney said a better protection would be to not allow an individual to build at too low an elevation. The City Attorney asked the City. Engineer if there were any stipulations to this effect in the zoning Ordinance. He said they did at one time request such a letter when a permit to build a garage was issued, but he added, all buildings in the area should be built in accordance with the flood plain zoning regulations. MOTION by Councilman Nee to restrict building in proposed flood plain areas to those conditions set by the new standards. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. A REQUEST FOR A VARIANCE OF SECTION 45.053, IB, TO REDUCE THE MINIMUM REQUIRED LOT AREA FOR A LOT IN A PLAT RECORDED BEFORE DECEMBER 29, 1955 FROM 7500 SQUARE FEET TO 5500 SQUARE FEET TO ALLOW THE CONSTRUCTION OF A DWELLING ON LOTS 15 AND 16 BLOCK H RIVERVIEW HEIGHTS ADDITION THE SAME BEING 529 GLENCOE STREET N.E., FRIDLEY MINNESOTA. (REQUEST BY MR. GORDO Ri_DRAKE, 7226 RIVERDALE ROAD, BROOKLYN CENTER. MINNESOTA.) MOTION by Councilman Nee to approve the variance. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. A_ REQUEST FOR A VARIANCE OF S;ECT_I.ON 45.053, IB, TO REDUCE THE MINIMUM RE- QUIRED LOT AREA FOR A LOT IN A PLAT RECORDED BEFORE DECEMBER 29, 1955,_ FR01'1 75'0 QU-;?E _ �� FEET TCi o8'= >C+U.= = TEET TC ri �t.r ur .� � n, L. "i i�T IRIVERVIEW DWE-LLING ON' LOTS 11, AND 13, AND TnE WEST z OF LOT 12 BLOCK H HEIGHTS ADDITION, }- L11 L11 THE SAME BEING 527 GLENCOE STREET N.E. FRIDLEY MINT- SOTA, (REQUEST BY MR GORDON R DRAKE 7226 RIVERDALE ROAD BROOKLYN CENTER, MINNESOTA,) 6C M REGULAR COUNCIL MEETING OF MARCH 5, 1973 PAGE 6 RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF FEBRUARY 21, 1973: The City Engineer said there were no items in the minutes that required action by the Council. MOTION by Councilman Nee to receive the Planning Commission Minutes of February 21, 1973. Seconded by Councilman Braider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF THE REQUEST FOR SIDE YARD VARIANCE, RICHARD MILLER HOMES: The City Engineer said the problem was one of varification of the survey. The City Engineer said the basement is one and one quarter foot off what hod been originally shown to the Engineering Department. He said Mr. Miller is requesting the Council waive the ten foot requirement so he can proceed. He said the requirement is five feet on the garage side. He said the house -4s about fifteen feet in and he is 6/10 of a foot off in one corner. He said the building is slanted on the lot. The City Engineer said if the variance is not granted, the contractor would have to tear out and rebuild the entire basement. MOTION by Councilman Braider to waive the reading of the notice and open the public hearing. Seconded by Councilman Utter. Upon a•voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. Councilman Starwalt asked if there were any questions from the audience. Mr. Mel Ford, Vice President of Richard Miller Homes said'no part of the home is closer than 15 feet to the next house. He added, the cement men goofed, and the mistake is there. MOTION by Councilman Starwalt to close the Public Hearing. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. MOTION by Councilman Starwalt to grant the variance request for Richard Miller Homes. Seconded by Councilman Braider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF REQUEST FOR VARIANCE TO INCREASE MAXIMUM SIGN SQUARE FOOTAGE, PELLA PRODUCTS, INC.; MOTION by Councilman Starwalt to waive the reading of the public hearing notice and open the Public Hearing. Seconded by Councilman Braider. Upon a voice vote; all voting aye, Mayor Liebl declared the motion carried unanimously. Mr. James Metry, Pella Products, inc., addressed the Council saying he had made the request and the business was the last remaining office space in Skywood Mall without a sign. He said the request was 15 feet over the variance requirement. Mayor Liebl asked if the sign would be on the north side of the lamp post? The City Engineer said it waµld be between the top of the canopy and the exigting sign as shown on page nine B of the agenda. REGULAR COUNCIL MEETING OF MARCH 5, 1973 PAGE 5 were approved. Mayor Liebl said he had received a copy of the proposed brochure and letterhead for the Islands of Peace Committee and project. He listed some of the features of the proposed material such as the list of the members of the Advisory Board, pictures of visiting dignitaries on the Islands of Peace and the picture of a handicapped child. Mr. Wilmes said he had met with Mr. Stanton of the Fridley High School and he had agreed the High School students would do the printing. Mayor Liebl urged all the members of the Council to attend the upcoming meeting. He asked if there were any questions .from the Council members. MOTION by Councilman Braider to receive the communications from Mr. Wilmes and the Islands of Peace Committee and concur. with Mr. Wilmes' comments. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. j� CONSIDERATION OF A REQUEST FOR BUILDING A HOUSE IN FLOOD PRONE AREA WITH l� WATER-PROOF'INO AND OTHER SAFETY MEASURES: ROBERT DEGARDNER, 8125 RIVERVIEW TERRACE: The City Engineer referred to page 6-B of the agenda and said the drawing represented the height of the house if it were built one foot above the 100 year flood level. He said it would be nine feet above the adjoining houses. He explained that the City had not yet adopted the flood plain zoning. He said the house could be water -proofed and valves could be installed to valve off sewer and water connections. He said the latter suggestion would fit the house into the area better than building it high above the other homes.. Mayor Liebl asked if Mr. DeGardner was present at the meeting. The City Engineer said he had talked with Mr. DeGardner and he had indicated to him that he would be able to live with any conditions that the Council could propose. The City Engineer said the Council would have two alternatives: one, to build the home above the 100 year flood elevation; and two, to allow him to build it as planned and stipulate the home should be flood -proofed and a valve system installed to valve off the sewer and water. Councilman Nee said he would prefer the second alternative. He said the construction of one high house would conflict with the area. Mayor Liebl asked if the City Engineer had a photo for the Council to view. The City Engineer showed the photo to the Council and they discussed it at the Council Table. Mayor Liebl said he did not believe the Council should create a problem and allow future damage to this house. MOTION by Councilman Nee to grant a building permit to Mr. DeGardner stipulating the house be flood -proofed and valves be installed to valve off the sewer and water protecting the basement from flooding. Seconded by Councilman Breider, Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. Kayor Lto; ap}ked the administration to notify the contractor accordingly, REGULAR COUNCIL MEETING, FEBRUARY 5, 1973 PAGE 21 would not commit themselves. The City Attorney suggested preparing a detailed letter including elevations and pictures and sending it to F. H. A. as this may bring about more results. The City Engineer said it had taken two weeks to,schedule the upcoming meeting. He said they. would try to satisfy some of the Council's concerns in the area•and suggest the Rice Creek area be called the Creek -protection area. He added, we will try again to get the answers to the questions the Council is asking. Councilman Breider asked what the attitude of F. H. A. would be if a house was associated with flood insurance. Mayor Liebl said this is the type of question that should be incorporated in the letter pre- pared by the City Attorney. He asked the City Attorney if he would assist its this pian. The City Attorney answered yes. MOTION by Councilman Breider to table any action until the next meeting. Seconded by Councilman Utter. Upon a voice vote, .all voting aye, Mayor Liebl declared the motion carried unanimously. RECEIVING THE MINUTES OF THE BOARD OF APPEALS MEETING OF JANUARY 30 197 : X A Rt QUEST FOR A VARIANCE OF SECTION 45-053, IB FRIDLEY CITY _CODE TO REDUCE THE MINIMUM REQUIRED LOT AREA FROM 7500 SQUARE FEET TO 5250 SQUARE FEET AND SECTION 45.054, 2A. 26 FRIDLEY CITY CODS TO ALLOW THE FINISHED The City Engineer said the request for a variance by Mr. DeGardner had been recommended for approval by the Board of Appeals. He said the lot is within the proposed flood plain area and the prospective property owner should be notified as to the level of the flood waters in 1965. He said he believed the new building standards to be required by flood plain zoning should be met in this area to prevent further damage. He said, in this area it would not be too difficult to build a building at a higher level. Mayor Liebl asked if Mr. DeGardner was present and if he had any comments. Mr. DeGardner addressed the. Council saying the water level of the 1965 flood just came up to this lot. He added, in the event there should be a more severe flood, it may fill 'the basement with water, but the living area is five feet above the grade and should not be affected at any time. He said the road in this area had been raised three feet since the 1965 flood. Mr. DeGardner said he had constructed ten to twelve homesin this area and had never sought F. H. A. financing as F. H. A. had turned the entire area down. He said they had been applying for MGIC financing. He added, it was his opinion the MGIC financing would take over all F. H. A. financing within the next five years as they were.not so restrictive. He said, they only require 5% down. He questioned whether this financing would be affected if the flood plain zoning were to be adopted. on REGULAR COUNCIL MEETING, FEBRUARY 5, 1973 .' PAGE 22 Mayor Liebl asked what price range this dome would be. Mr. DeGardner said it would be approximately $28,000. Mayor Liebl asked Councilman Nee if he had any comments as this was within h -is -Ward.. Counci 1 man- Nee, s i -d in the future .he:,wou 1 d 1 i ke this type of proposal to be accompanied by a site plan:and .waiver. He said he believed it very unfortunate that the house on the south side of this has an im- proper profi le. MOTION by Councilman Nee to approve the variance with all future proposals submitted to the Council for approval accompanied by a site plan of the structure. The City Engineer said this information is always present if the Council- men wish to see it._ Councilman Nee said the building mentioned takes up 80% of the lot. The--City,Engineer said as these are all small lots in this area, they will all look a -little crowded. SECONDED by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl- declared the motion ca.rriedunanimously. Mayor Liebl asked the City Attorney if it had been the practice of the City to obtain a letter waiving the City's responsibility as it pertains to flooding? The City Attorney said he did not recall such a practice. The City Attorney said a better protection would be to not allow an individual to build at too low an elevation. The City Attorney asked the City. Engineer if there were any stipulations to this effect in the zoning Ordinance. He said they did at onetime request such a letter when a permit to build a garage was issued, but he added, all buildings in the area should be built in accordance with the flood plain zoning regulations. MOTION-by'Councilman Nee to restrict building in proposed flood plain areas to those conditions set by the new standards. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. A REQUEST FOR A VARIANCE OF SECTION 45.053 IB TO REDUCE THE MINIMUM REQUIRED LOT AREA FOR A LOT IN A PLAT RECORDED BEFOREDECEMBER 29, 1955_ FROM 7500 SQUARE FEET TO. 5500 SQUARE FEET TO ALLOW THE CONSTRUCTION OF G ON LOTS 15 AND 16, BLOCK 29 GLENCOE STREET N.E__ FR E I-] ERVIEW HEIGHTS ADDITION, THE SA MINNESOTA. (REQUEST BY MR. GOR CENTER. MINNESOTA.) MOTION by Councilman Nee to approve the variance. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. A_ REQUEST FOR A VARIANCE OF SECTION_ 45-053, I B , TO REDUCE THE MINIMUM RE- QUIRED LOT AREA FOR A LOT IN A PLAT RECORDED BEFORE DECEMBER 29, 1955 FROM 7500 SQUARE FEET TO 6875 SQUARE FEET TO ALLOW THE CONSTRUCTION OF A DWELLING ON LOTS 14 AND 13, AND THE WEST ? OF LOT 12 BLOCK H RIVERVIEW HEIGHTS ADDITION, THE SAME BEING 527 GLENCOE STREET N E FRICLEY, MININE- SOTA. (REQUEST BY MR. GORDON R. DRAKE, 7225 RIVERDALE ROAD, BROOKLYN CENTER, MINNESOTA.