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VAR 89-16`CITY OF FRIDLEY"' _ . 6431 UNIYERSRY AVI FRIDLEY,. IAN !66432 (612) 571-3450 PROPERTY INFORMATION PROPERTY ADDRESS LEGAL DESCRIPTION: VARIAN REQUEST FORM VARIANCE # D VARIANCE FEE RECEIPT # SCHEDULED APPEALS MEETING DATE LOT BLOCK TRACT/ADDITION e I L)ee -h)_ Q j eyn L - PRESENT ZONING VARIANCE REQUEST(S): Attach a plat or survey of the property showing building, variance(s), where applicable. List specific hardship(s) which require the variance(s): FEE OWNER INFORMATION NAME (pl se print `` ® PHONE ADDRES Al SIGNATURE DATE #iNote r*#f#f#.i!#ifs.1#�####### PETITIONER INFORMATION � / NAME (please print) Mt �d1ne_4A . I / ".e PHONE 5 (O/DZ ADDRESS �Lt 941 LSUZ, SIGNATURE DATE ################################################################################## APPEALS COMMISSION: APPROVED DENIED DATE CITY COUNCIL: APPROVED DENIED DATE STIPULATIONS: -- -_--_ C - The petitioner hereby understands that: 1. The City will notify all residents and owners of property within 200 feet of said property. 2. This application must be signed by all.owners of the property, or an explanation given why this is not the case. 3. Materaial for submission of a variance include: * Scaled plan showing proposed property and/or buildings if applicable. Three full sezed copies and legible 8 1/2" x 11" reduction. * Scaled preliminary (or final) landscape plan showing location of existing vegetation to be saved and locations of new plant material. Species, species name (common or botanical), and condition of root (i.e. bared, balled and burlapped, etc). Three full size copies and legible 8 1/2" x 11" reduction. * Scaled preliminary (or final) grading and drainage plan showing existing and propoed contours, detention/retention ponds, drainage swales, weirs, weir details, and run off quantities. Three full size copies and legible 8 1/2" x 11" reduction.. * Floor plans, full size and 8 1/2" x 11" reduction. * Building elevations, full size and 8 1/2" x 11" reduction. * Perspective shZing how the proposal potentially looks in the surrounding area, full size and 8 1/2" x 11" reduction. CITY COUNCIL ACTION TAKEN NOTICE September 13, 1989 Kenneth Tigue 1141 Lynde Drive N.E. Fridley, MN 55432 Dear Mr. Tigue: On September 11, 1989 the Fridley City Council approved your request for a variance, VAR #89-16, to reduce the front yard setback from 35 feet to 30 feet to allow the construction of a new home on Lot 10, Block 2, Riverwood Park, the same being 7110 Riverwood Drive N.E., with the following stipulations: None. If you have any questions regarding the above action, please call the Planning Department at 571-3450. Sincerely, Barbara Dacy Planning Coordinator BD/dn Please review the noted stipulations, sign the statement below and return one copy to the City of Fridley Planning Department by September 27, 1989. Concur with action taken. cc: Jerry Tollefson 14V Staff Report VAR #89-16, 7110 Riverwood Drive N.E. Page 3 The petitioner has several alternatives which would allow him to construct his house on Lot 10, Block 2, Riverwood Park, without encroaching into the front yard setback. His first alternative would be to vacate 5 feet of the drainage and utility easement across the rear of the yard. This would give the petitioner the needed 5 ft. instead of reducing the front yard setback. The petitioner also has an option of vacating the easement only where the house would encroach into the easement. Again, this would give him the needed room without encroaching into the front yard. The petitioner also has the option of building over the easement with a letter of indemnification to the City which would be recorded against the property. The petitioner is not agreeable to the above three alternatives due to the lengthy process of vacating the easement and also with the letter of indemnification "hanging over his head" or any other potential buyer of the house. The petitioner, of course, also has the option of building a smaller house or a house that is two stories. The petitioner has chosen to build this particular style of house. Recommendation Staff is recommending that the Appeals Commission deny the request, VAR #89-16, to reduce the required front yard setback from 35 feet to 30 feet on the basis that the petitioner has four other options he can pursue which would allow him to build within the Code. APPEALS COMMISSION ACTION The Appeals Commission voted 3-1 in favor of recommending approval to the City Council of the variance request, VAR #89-16, to reduce the front yard setback from 35 feet to 30 feet, to allow the construction of a new home on Lot 10, Block 2, Riverwood Park, the same being 7110 Riverwood Drive N.E. CITY COUNCIL RECOMMENDATION Staff recommends that the City Council deny the variance, VAR #89- 16, on the basis that the petitioner has four other options he can pursue which would allow him to build within the Code. 14U Staff Report VAR #89-16, 7110 Riverwood Drive N.E. Page 2 A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.07.03.D.(1) requires a front yard setback of not less than 35 feet. Public purpose served by this requirement is to allow for off- street parking without encroaching on the public right-of-way and also for aesthetic consideration to reduce the building "line of sight" encroachment into the neighbor's front yard. B. STATED HARDSHIP: See attached letters. C. ADMINISTRATIVE STAFF REVIEW: Request The petitioner, Kenneth Tigue, is proposing to construct a 1,220 sq. ft. single family residential home on Lot 10, Block 2, of Riverview Park, the same being 7110 Riverwood Drive. In order to construct this single family home, the petitioner is requesting a reduction in the required front yard setback from 35 feet to 30 feet. Site The lot is located in the Riverwood Park plat. It is zoned R-1, Single Family Dwelling, and is surrounded by R-1, Single Family Dwelling, on all sides. Analysis The proposed single family home is being constructed on Lot 10, Block 2, of Riverwood Park Plat. It is located on the right turn corner of Riverwood Drive; however, when the street was platted, the right-of-way for the corner has a "bubble" in it (see plat map). Also on this lot is a 35 ft. drainage and utility easement across the rear portion of the lot. This drainage and utility easement is more restrictive than the 29.7 ft. required rear yard setback, which is 25% of 118 feet which is the lot depth. The proposed house is 48 ft. in depth, and the petitioner is proposing a reduction in the front yard setback of 5 feet from 35 feet to 30 feet. If the 35 ft. setback is maintained on one corner of the garage, the garage would be encroaching by approximately 5 feet (see site plan). Looking at the plat map, the 30 ft. setback is equal to the 35 ft. setback (see plat map) on adjacent lots. This is caused by the "bubble" in the corner of the street. low 'OEL EL CINOf fRIDLEY REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION SITE DATA SIZE DENSITY PRESENT ZONING ADJACENT LAND USES & ZONNG UTILITIES PARK DEDICATION ANALYSIS FINANCIAL IMPLICATIONS STAFF REPORT APPEALS DATE 8/22/89 PLANNING C+ONMISSION DATE CITY COUNCIL DATE CONFORMANCE TO COMPREHENSIVE PLAN CO MPATEILITY WITH ADJACENT USES & ZONING ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMENDATION APPEALS RECOMMENDATION PLANNING COMMISSION -RECOMMENDATION 14R AUTHORRV s r . � CO UNITY DEVELOPMENT 34 DEPARTMENT unroF FMa-LY MEMORANDUM DATE: August 28, 1989 1 TO: William Burns, City Manager 44 FROM: Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Variance Request, VAR #89-16 The Appeals Commission voted 3-1 in favor of recommending approval of the variance request, VAR #89-16, to the City Council. Staff maintains its position, and recommends that the City Council deny the variance, VAR #89-16, on the basis that the petitioner has four other alternatives which would allow him to construct a single family home and still meet Code. MM/dn M-89-511 APPEALS COMMISSION MEETING, AUGUST 22, 1989 PAGE 2 ..%,n s a c -i fi _ BY KENNETH 2. curio UL1471iva- - Code A-- TE: E' 07.03.D. (1) of the Fridley City pursuant to Section 205.to to reduce the front yard setback ew from hom35 feet Lot 10 30Block feet o allow the constructiontsame of a be ng 7110 Riverwood Drive N.E. Riverwood Park, request was being made to reduce Ms. McPherson stated the variance the front yard setback from 35 feet to Sof Ri erwood Park construction of a new home on Lot 10, Block 2, n R-1, Single Family, zoning This was a fairly recent plat andthn a ite of the former Riverwood Elementary School. It was locate a and utility easement a district. There exists a 35 -foot property line was approximately the back of the lot, and the rear proThis perty Code. The in the center of this drainage setba Setback required by eco was more stringent than the rear yard staffs. petitioner has several options in addition nd ineering and Planning all o which have been discussed with the g the house would have If the house were to meet the 35 foot setback, ioner could then vacate to be shifted back about 5 feet. The P could also the easement in two ways. A line could be drawn across the rear They of the lot to vacate'5 feet of the follow the boundary of the vacate the easement in such a way rear of the house. The petitioner could also fineeded to go in re damage to the house if the City indemnity for any air work, or they could build a smaller house with and do any P a smaller footprint. Approximately ested a variance for 5 feet. APP The petitioner has requ garage would encroac ort thatefront the 30 to 5 feet of the southwest of ted he out in the staff rep equal to the yard setback. It was p was approximately foot setback from the right of way 35 foot on the adjacent lots. This was due to the curve in the road when the road was platted. the variance on the Staff recommended the Appeals Commission deny basis that the petitioner has three alternatives that would allow him to meet Code. eared to be 43 Mr. Barna stated that the building footprint afrom pp feet. If you follow further the drive easement a short harea o forna f this seems the drainage in the rear,be came up house. He questioned if a house could the bHRAlandlthe Cityarea that small. Principally, the developer, with the finished lots. He found it hard to find against the petitioner. He did not think one could fit a house on this lot that was compatible with this neighborhood. Ms. McPherson stated that two lots to the south and west of the APPEALS COMMISSION MEETING, AUGUST 22, 1989 PAGE 6 it hard that they couldn't come up with a plan that would fit on the lot, provide the proper setbacks, and still get 1200 feet with a different house plan. Particularly he disagreed since it was so recently platted. Dr. Vos thought there was a hardship due to the easement and the curvature of the road. If the street were designed differently, there would not be a problem. He did not what else could be done there. There was a definite hardship. Mr. Barna stated he found a hardship with the utility easement in the way it was originally platted and approved. He did agree with Mr. Kuechle that there were other designs that could fit. This was a small footprint area and the petitioner planned to put in a very nice house. It was easier and a shorter process to ask for a variance. He would tend to vote in favor. Dr. Vos asked the longest dimension that could be built on the lot. Ms. McPherson stated, after measuring the lot and allowing for side yard setbacks, that approximately 67 feet would be the biggest house that could be built across the lot. NOTION by Dr. Vos, seconded by Mr. Sherek, to recommend to the City Council approval of variance request, VAR #89-16. UPON A VOICE VOTE, VOS, SHEREK, AND BARNA VOTING AYE, AND KUECHLE VOTING NAY, CHAIRPERSON BARNA DECLARED THE MOTION CARRIED. Mr. Barna stated that the minutes of this request would go to Planning Commission at their next meeting, and to the City Council on September 11. Dr. Vos stated the request would have gone to the City Council even if we had not approved, because staff had recommended denial. Mr. Hartman asked if the staff had recommended approval, would the petitioner have been okay. Mr. Barna stated that was correct. Dr. Vos stated that, unfortunately, since staff did not recommend approval, the City Council must consider. Even if one neighbor had objected, the City Council would had to review. 3. CONSIDERATION OF A VARIAN REQUEST. VAR #89-15. BY KEITH'S UTO BODY KEITH POPPENHAGE Pursuant to Section 214 10 .E of the Fridley City Code to reduce the required sign setb ck in the side property line from 10 feet to 0 feet, to allo the construction of a free- standing sign at 7570 Highway 65 E. DATE: TO: FROM: SUBJECT: Engineering Sewer Water Parks Streets Maintenance MEMORANDUM August 16, 1989 PW89-317 Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant 14FF 11 Mark Winson, Assistant Public Works Director Drainage Easement at the Rear of Lot 10, Block 2, Riverwood Park for Variance Request, VAR #89-16, by Kenneth Tigue The easement at the rear of Lot 10 is provided for a detention pond that serves a storm drainage from Lots 1 through 10, Block 2, Riverwood Park. The easement is sized to provide a minimum of one foot of freeboard above the 100 year pond level. Any encroachment into the easement would require the homeowner to indemnify the City against damages from stormwater and/or any damages from equipment that needs to get in to repair the pond area in the future. MW/dn M-89-487 C 97) Cf1YOF FF IDLEY MAILING LIST FOR vAR # 89x'16 711Q Riverwood Drive N.E. City Council Members Dennis Scheller 7121 Riverview Terrace N.E. City Manager Fridley, MV 55432 Alex Barna, Chairperson Appeals Commission Michael Korluka 560 Hugo Street N.E. 7127 Rivexwood Drive N.E. Fridley, MV Fridley, MV 55432 Kenneth Tigue Gary Larson 1141 Lynde Drive N.E. 7121 Riverwood Drive N.E. Fridley, MQ 55432 Fridley, MQ 55432 Jerry Tollefson James Felton 311 Sunrise Lane 7115 Riverwood Drive N.E. Chmplin, MQ 55316 Fridley, MV 55432 Burton Dahlquist Brandon. Construction, Inc. 7161 Riverview Terrace N.E. 311 Sunrise Lane Fridley, MV 55432 Champlin., MN' 55316 Russell Burns Robert Sebastian 7157 Riverview Terrace N.E. 151 - 71st Way N.E. Fridley, MV 55432 Fridley, Ned 55432 Donald Weeding Prapas Janejaroenthum 1753 Riverview Terrace N.E. 141 -- 71st Way N.E. Fridley, NT 55432 Fridley, 141 55432 Trygve Olson Donald Ha.11egren 7145 Riverview- Terrace N.E. 148 71 1/2 Way N.E. Fridley, MhT 55432 Fridley, M 55432 Donovan Emery Thomas Kupp 7131 Riverview Terrace N.E. 7130 Riverwood. Drive N.E. Fridley, MV 55432 Fridley, MV 55432 Kent Adolphson Michale Moore 154 -,71 1/2 Way- Na E. 130 - 71 1/2 Way N.E. 1�'rid7 yI m 55432 Fridley, MQ 55432 Mailing Date: 8/11/89 Robert Poirier 7126 Riverwood Drive N.E. Fridley, My 55432 Kenneth Wollan 7108 Riverwood Drive N.E. Fridley, MV 55432 Richard Jansen. 7106 Rivezwood Drive N.E. Fridley, NAT 55432 Lawrence Besser 7104 Riverwood Drive N.E. Fridley, MV 55432 LeRoy Schreifels 7102 Riverwood Drive N.E. Fridley, MQ 55432 Gordon Sangster 7169 Riverview Terrace N.E. Fridley, MN 55432 Judith Dickinson 810075 Highway Drive Apt. Gll Bloomington, MV 55438 Bruce Hanley 132 Alden Circle Fridley, MN 55432 Arthur Boike 133 Alden Circle Fridley, MLS 55432 PUBLIC HEARING BEFORE THE APPEALS COMMISSION Notice is hereby given that the Appeals Commission of the City of Fridley will conduct a Public Hearing at the Fridley Municipal Center at 6431 University Avenue N.E. on Tuesday, August 22, 1989, at 7:30 p.m. for the purpose of: Consideration of a variance request, VAR #89- 16, by Kenneth A Tigue, pursuant to Section 205.07.04.D.(1) of the Fridley City Code to reduce the front yard setback from 35 feet to 30 feet to allow the construction of a new home on Lot 10, Block 2, Riverwood Park, the same being 7110 Riverwood Drive, Fridley, Minnesota, 55432. Any and all persons desiring to be heard shall be given the opportunity at the above stated time and place. ALEX BARNA CHAIRPERSON APPEALS COMMISSION Note: The Appeals Commission will have the final action on this request unless there are objections from surrounding neighbors, the City Staff, or the petitioner does not agree with the Commission's decision. If any of these events occur, the request will continue to the City Council through the Planning Commission with only a recommendation from the Appeals Commission. Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. s rrtCOMMISSION APPLICATION REVIEW FLE M MSER FLE DATE MEETMIG DATE FILE DESCRIPTION VAR #89-16 CITYOF 37 8/2/89 8/22/89 17110 Rivezwood Drive FRIDLEY front yard variance COMPLETE REVIEW CHECKLIST AND RETURN TO PLANNING DEPT. ❑ BARB D. MICHELE .I �,c MARK 9 JOHN F. DARREL C. E M.?-# M q H. P 15--� 1 ❑ BOB A. COMMENTS 0 14Y To Whom it may concern; My name is Peter Ludwig. I own Lot 10, Block 12, Riverwood Park. I am selling the lot to Ken Tigue subject to his being able to build a home on the site. I bought the lot from Jerry Tollefson in November, 1988, and had intended to build a home there for myself. I am a volunteer Fridley Fire- man and must remain within a set distance from the firehouse. When Fridley decided to build a new firehouse on 77th, I was able to live farther out on a bigger lot, so I put this lot up for sale in February, 1989. When Mr. Tigue signed a purchase agreement with me, I purchased another lot. I was not aware of a large drainage easement to the back of Lot 10, Block 2, until I received a copy of a survey Mr. Tigue had done. That easement and the setback requirements from the curved portion of Riverwood Drive make it almost impossible to build a normal sized home on this lot. I realize that the setback is thirty-five feet and that.Mr..Tigue is asking for a thirty foot setback. I believe that this will not interfere with any site lines of the other homes in the area because the setback is measured from the curved portion of Riverwood Drive while the other homes' setbacks have been mea- sured from the straight portion of Riverwood Drive. I have watched closely as Mr. Tigue, his realtor, and his builder have struggled with this problem and I see no other alternative if you do not grant the setback variance requested I may be unable to sell my lot and will be unable to build on the other lot I also own. I am asking that you grant Mr. Tigue's request. Sincerely, Peter J. Ludwig.. 14X To Whom it may concern; Lot 10, Block 2, Riverwood Park located on Riverwood Drive, at a point where it curves and runs east before again running north, At the point where Riverwood Drive curves, a portion of the Drive has been widened, cutting into lots 10, 11, and 12, forming an almost cul de sac style circle. Because a thirty-five foot setback is measured from this extended curve, the area on the lot available to build a house has been reduced. This would not normally have been a problem, except that there is also a large drainage easement - on the back (north side) of the lot. (See survey). Between this easement and the setback from the curved street, there is very little room left to build a decent sized home. We are asking that you grant a variance of the thirty-five foot setback to thirty feet, because the setback is measured from the curved part of Riverwood Drive. This would not interrupt the site lines of the other homes on the street since their setback was measured from the straight.part of Riverwood!.Drive. I, the realtor and builder have discussed the problem with the Fridley City Planners and Engineers. The best solution we could come up with was to request this variance. The survey included shows the house as it would be positioned on the lot if you grant this variance. As you can see it will meet all other restrictions and be a fine addition to the neighborhood. 14W August 1, 1989 City of Fridley 6431 University Ave. N.E. Fridley, Minnesota 55432 TO WHOM IT MAY CONCERN: We are requesting a setback variance for the property at 71XX Riverwood Drive, Fridley. We have put money down on this lot, applied for a loan and sold our home in the meantime. When we found this lot we were willing to pay a premium price for it because of the location, as we have been home owners in Fridley since 1958 and we would like to stay in Fridley. When we received the official survey it revealed a very large drainage easement. This easement, plus all of the other setback requirements will prevent us from building a very modest 1220 square foot home. If this easement isn't granted we probably will not build anything on this lot and it will go back to the previous owner and it will become his problem. Thank you, Ar Mr. & Mrs. KennYth A. Tigue 1141 Lynde Dr. N.E. Fridley, Minnesota 55432 571-6102 CZII/E-V-u/ LOT SURVEYS COMP NY,1Cm LAND SURVEYORS REGISTERED UNDER LAWS OF STATE OF MINNESOTA 7601- 73rd Avenue North 560-3093 Minneapolis, Minnesota 55428 O>lt maris &MAnde Div SELGER d. L T L 1 TY OQAI t�A 4 �" ASPM Evil r INVOICE NO. F. B. NO. SCALE 1" 20'- 0- 0'0— DENOTES 1 RON STATE OF MINNESOTA COUNTY OF ANOKA CITY OF FRIDLEY In the Matter of a variance. VARJ89=16. Kenneth Tigue , Owner 0718'72/ CITY COUNCIL PROCEEDINGS VARIANCE The above entitled matter came before the City Council of the City of Fridley and was heard on the 11th day of September , 19—L9—, on a petition for a variance pursuant to the City of Fridleyts Zoning Ordinance, for the following described property: To reduce the front yard setback from 35 feet to 30 feet to allow the construction of a new home on Lot 10, Block 2, Riverwood Park, the same being 7110 Riverwood Drive N.E. IT IS ORDERED that a variance be granted as upon the following conditions or reasons: See City Council minutes of September 11, 1989. STATE OF MINNESOTA ) COUNTY OF ANOKA ) CITY OF FRIDLEY ) OFFICE OF THE CITY CLERK I, Shirley A. Haapala, City Clerk for the City of Fridley with and in for said City of Fridley, do hereby certify that I have compared the foregoing copy and Order granting a variance with the original record thereof preserved in my office, and have found the same to be a correct and true transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at', he City of Fr d ey, Minnesota, in the County of Anoka on the day of 19 DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 4 SHIRLEY A. H PALA, CITY RK.. Variances are valid for a period of one year following approval- pproval considered considered void if not used within that period. e, ,1 o if. ( SEAL } r MOTION by Councilman Fitzpatrick to adopt Resolution No. 78-1989. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 14. CONSIDERATION OF RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF AUGUST 30, 1989: A. ITEM FROM THE APPEALS COMMISSION MEETING MINUTES OF AUGUST 22, 1989: A-1. CONSIDERATION OF A VARIANCE VAR #89-16 TO REDUCE THE FRONT YARD SETBACK FROM 35 FEET TO 30 FEET TO ALLOW THE CONSTRUCTION OF A NEW HOME ON IAT 10 BLOCK 2, RIVERWOOD PARK, THE SAME BEING 7110 RIVERWOOD DRIVE N.E. BY KENNETH A. TIGUE: Mr. Robertson, Community Development Director, stated this is a request for a variance to reduce the front yard setback from 35 to 30 feet to allow the construction of a new home at 7110 Riverwood Drive N.E. He stated the petitioner, Mr. Tigue, is proposing to construct a 1,220 square foot single family home. Mr. Robertson stated when the street was platted, the right-of-way for the corner had a "bubble" in it. He stated if the 35 foot setback is maintained, on one corner of the garage, would be encroaching approximately five feet. He stated in looking at the plat map, the 30 foot setback is equal to the 35 foot setback on adjacent lots due to the "bubble" in the corner of the street. Mr. Robertson reviewed alternatives which the petitioner could consider which would allow him to construct the home without encroaching into the front yard setback. He stated the city could vacate five feet of the drainage and utility easement across the rear of the yard; vacate the easement only where the house would encroach into the easement; or build over the easement with a letter of indemnification to the City which would be recorded against the property. He stated the petitioner could also reduce the size of the home or build a two story home. Mr. Robertson stated staff recommended denial of this variance due to the various alternatives available to the petitioner, however, the Appeals Commission recommended approval by a 3 to 1 vote. Councilman Fitzpatrick stated this variance would not affect the line -of -sight for this home or the homes on either side of this lot. He stated the actual encroachment into the 35 foot setback is only on the corner of the building. MOTION by Councilman Fitzpatrick to concur with the recommendation of the Appeals Commission and grant variance, VAR #89-16, to reduce IDLEY CITY COUMCIL NESTING OF SEPTEMBER 11. 1969 PAGE 12 the front yard setback from 35 to 30 feet at 7110 Riverwood Drive. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilwoman Jorgenson to receive the minutes of the Planning Commission Meeting of August 30, 1989. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15. LEISCH mn CONDUCT A WATER SOURCE STUDY: Mr. Flora, Public Works Director, stated Bruce A. Leis and Associates has submitted a proposal to complete a wate quality study for the shallow wells. He stated this agreement calls for completing the study in three months at a cost noto exceed $15,991. He stated the study will consist of ass ling ground water information assbciated with the Fridley are and attempt to determine the source, quantities, and impact of richlorethylene found in the Mount Simon aquifer within the Co'96ons Park area. MOTION by Councilman Schneider to authori the Mayor and City Manager to enter into this agreement wiph ruce A. Leisch and Associates. Seconded by Councilwoman rgenson. Upon a voice vote, all voting aye, Mayor Nee de ared the motion carried unanimously. 16. This item was deleted from tp6 agenda. 17. Mr. Flora, Public Works D ector, stated this change order consists of 3 Proposals Requests nd 8 Work Orders for the Municipal Center totaling $10,068 and Work Orders for the ramp totaling $1,870. He stated it also i ludes the following: 1 Proposal Request for the Fire Departmen for $1,195; change in a Proposal Request #53 for the Compress Room which is a deduction of $4,167; amendment of Proposal Re est #19 for the east stairwell of the ramp to add a cost of $2, 2; a contract amendment for Glewwe Doors, Inc. for additional ardware $1,666 and Guillaume and Associates for additional inishing work $4,740 which was deducted in Change Order No. 10 f m Country Cabinets, Inc. MO/ncilwoman by Councilman Schneider to authorize Change Order No. 12 to �Cee icipal Center Improvement Project No. 189. Seconded by Jorgenson. Upon a voice vote, all voting aye, Mayor declared the motion carried unanimously. 7 :. 878727 U 1 �.d. a lr • CITY CLERK CITY OF FRIDLEY 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 Numericatf Grantor Grantee Recorded Checked Margin Th Index R� r �r �.° UFM OF CHIM M=M STATE OF MMA, WUNTY # AM 6 hereby Certify VW the wilt kOru- ment was tied in ods office for mord U 1 �.d. a lr • CITY CLERK CITY OF FRIDLEY 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 MOTION by Councilman Fitzpatrick opt Resolution No. 78-1989. Seconded by Councilman Schn r. Upon a voice vote, all voting aye, Mayor Nee declare a motion carried unanimously. 14. A. ITEM FROM THE APPEALS COMMISSION MEETING MINUTES OF AUGUST 22, 1989: A-1. CONSIDERATION OF A VARIANCE, _VAR #89-16, TO REDUCE THE FRONT YARD SETBACK FROM 35 FEET TO 30 FEET TO ALLOW THE CONSTRUCTION OF A NEW HOME ON LOT 10 BLOCK 2 RIVERWOOD PARK THE SAME BEING 7110 RIVERWOOD DRIVE N.E., BY KENNETH A. TIGUE: Mr. Robertson, Community Development Director, stated this is a request for a variance to reduce the front yard setback from 35 to 30 feet to allow the construction of a new home at 7110 Riverwood Drive N.E. He stated the petitioner, Mr. Tigue, is proposing to construct a 1,220 square foot single family home. Mr. Robertson stated when the street was platted, the right-of-way for the corner had a "bubble" in it. He stated if the 35 foot setback is maintained, on one corner of the garage, would be encroaching approximately five feet. He stated in looking at the plat map, the 30 foot setback is equal to the 35 foot setback on adjacent lots due to the "bubble" in the corner of the street. Mr. Robertson reviewed alternatives which the petitioner could consider which would allow him to construct the home without encroaching into the front yard setback. He stated the city could vacate five feet of the drainage and utility easement across the rear of the yard; vacate the easement only where the house would encroach into the easement; or build over the easement with a letter of indemnification to the City which would be recorded against the property. He stated the petitioner could also reduce the size of the home or build a two story home. Mr. Robertson stated staff recommended denial of this variance due to the various alternatives available to the petitioner, however, the Appeals Commission recommended approval by a 3 to 1 vote. Councilman Fitzpatrick stated this variance would not affect the line -of -sight for this home or the homes on either side of this lot. He stated the actual encroachment into the 35 foot setback is only on the corner of the building. MOTION by Councilman Fitzpatrick to concur with the recommendation of the Appeals Commission and grant variance, VAR #89-16, to reduce FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 11, 1989 PAGE 12 the front yard setback from 35 to 30 feet at 7110 Riverwood Drive. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilwoman Jorgenson to receive the minutes of the Planning Commission Meeting of August 30, 1989. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15. CONSIDERATION OF ENTERING INTO AN AGREEMENT WITH BRUCE A. LEISCH TO CONDUCT A WATER SOURCE STUDY: Mr. Flora, Public Works Director, stated Bruce A. Leisch nd Associates has submitted a proposal to complete a water qu ity study for the shallow wells. He stated this agreement ca s for completing the study in three months at a cost not t exceed $15,991. He stated the study will consist of assembl' g ground water information associated with the Fridley area an attempt to determine the source, quantities, and impact of tr' hlorethylene found in the Mount Simon aquifer within the Common Park area. MOTION by Councilman Schneider to authorize t e Mayor and City Manager to enter into this agreement with uce A. Leisch and Associates. Seconded by CouncilwomanJorg nson. Upon a voice vote, all voting aye, Mayor Nee declar d the motion carried unanimously. 16. This item was deleted from the aR'enda. 17. Mr. Flora, Public Works Direc r, stated this change order consists of 3 Proposals Requests and Work Orders for the Municipal Center totaling $10,068 and 2 Wo Orders for the ramp totaling $1,870. He stated it also inclu s the following: 1 Proposal Request for the Fire Department fo $1,195; change in a Proposal Request #53 for the Compressor R m which is a deduction of $4,167; amendment of Proposal Request #19 for the east stairwell of the ramp to add a cost of $2,242; contract amendment for Glewwe Doors, Inc. for additional har are $1,666 and Guillaume and Associates for additional fin' hing work $4,740 which was deducted in Change Order No. 10 from untry Cabinets, Inc. MOTI:N/clanred ouncilman Schneider to authorize Change Order No. 12 to the al Center Improvement Project No. 189. Seconded by Counn Jorgenson. Upon a voice vote, all voting aye, Mayor Nee the motion carried unanimously. FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 • (612) 571-3450 • FAX (612) 571-1287 CITY COUNCIL ACTION TAKEN NOTICE Kenneth Tigue 1141 Lvnde Drive N.E. Fridley, MN 55432 Dear Mr. Tigue: September 13, 1989 On September 11, 1989 the Fridley City Council approved your request for a variance, VAR #89-16, to reduce the front yard setback from 35 feet to 30 feet to allow the construction of a new home on Lot 10, Block 2, Riverwood Park, the same being 7110 Riverwood Drive N.E., with the following stipulations: None. If you have any questions regarding the above action, please call the Planning Department at 571-3450. Sin rel , bara Dacy 'Planning Coordinato BD/dn Please review the noted return one copy to the September 27, 1989. cc: Jerry Tolleson stipulations, sign the statement below and City of Fridley Planning Department by KI CWhcur with action taken.