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VAR 05.741/}9'{2 (? 6 _1(/ City ®f Fridley AT THE TOP Of TME TWW4 L, ---"'"- COMMUNITY DEVILHT DIV. PAOTSCTIVII 03 CT*M OPT, 1 �"'► i CITY NAIL FMCILIKY 69WOR 011'660'3"00 IIl$IJEGT APPLICATION TO BOARD OF APPEALS -IAZE/15/731 Qv. OT PAGE OF1AFOROV BY 2 800 Name L,ctrt- i.k_z Address --Phone s `3) "51<4 waao (,T,-AJW— Legal Desc. Lot No. / BlockNo. / Tract or Addition Al _ S f c���c>5�' R -,:S 00UYt 6_ �i Variance Requested (Attach plat or survey of property showing location o'Lfl proposed building, etc., -including adjoining properties and ownership within 200 feet of said property J L°inr�ra as trr I� .V C' ®y. R:tiAYl Lonr L,Aj x— �r 00 9 ALES fy1 I.) ® OR 3X F C7 Meeting Date 91 Fee vll '. ®0 Receipt No. 71.3 Opinions and Recommendation by the Board of Appeals -r) q - 0__,p OL))Ag __Q_C For Above Recommendation O—A a) Against Recommendations City Council Action and Date wYln� 3,-- . City of.Fri ley AT THE TOP OP TME TWIMS r•, L ftL-------- GOMMVNITY D£VRLQP"ENT DIV. i MOTECTivg WSPUTIOI09PT. CITY "ALL "ALL FRIMaY coos i..__1`•� .J 61$-600-3*00 iWJEGT APPLICATION TO BO ARD OF APPEALS (Staff Report) NUMM 910-F23 RQv 0 DATE 2/15/73. PARE OF 1 2 2 APPROVED BY 800 Comments by administrative official denying original request for building permit or other permit. (To be completed by administrative official. Appropriate Ordinances and sections of Ordinance to be cited.) - o Board members notified of meeting by.2/ / 17 q List members, date notified, and "Yes" or."No" for plans to at end hearing. Name Date Plan to Attend ay°- �S Person making appeal and thLV following property owners having property within 200 feet notified: Phone Notified -By Name Date ..or Mail (Initial) �/- ,- J 00 AN IT _ - !a i / / C e zmkZoa �z - lo3Az/ �v (2�ir�-e �I OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE BOARD OF APPEALS TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN THAT THE Board of Appeals of the City of Fridley will meet in the Council Chamber of the City Hall at 7:30 P.M. on Tuesday, May 28, 1974 to consider the following matter: A request for a variance of Section 205.053, 4D, Fridley City Code, to reduce the back yard. setback•on'a double frontage lot from 35 feet•to 8 feet, to allow the construction of an inground swimming pool to be located on Lot 7, Block 1, Swanstrom's Court Addition, the.same being 1337 Skywood Lane N.E., Fridley, Minnesota. (Request by Mr. Lee Brills, 1337 Skywood Lane N.E.', Fridley, Minnesota.) Anyone who desires to be heard with reference to the above matter will be heard at this meeting. WILLIAM A. DRIGANS CHAIRMAN BOARD OF APPEALS i The Minutes of the Board of Appeals Subcommittee Meeting of May 28,- 1974 Page 2 MOTION by Wahlberg, seconded by Crowder, to recommend to the City Council, approval of the variances. Upon a voice vote, there being no nays, the motion carried. 2. A REQUEST FOR A VARIANCE OF SECTION 205.053, 4D, FRIDLEY CITY CODE, TO REDUCE THE \� BACK YARD SETBACK ON A DOUBLE FRONTAGE LOT FROM 35 FEET TO -8 FEET, TO ALLOW THE v CONSTRUCTION OF AN INGROUND SWIMMING POOL TO BE LOCATED ON LOT 7, BLOCK 1, SWANSTROM'S COURT ADDITION, THE SAME BEING 1337 SKYWOOD LANE N.E., FRIDLEY, MINNESOTA (REQUEST BY MR LEE BRILLS, 1337 SKYWOOD LANE N.E., FRIDLEY, MINNESOTA.) Mrs. Lee Brills was present to present the request. MOTION by Plemel, seconded by Wahlberg, to waive reading the public hearing notice. Upon a voice vote,. there being no nays, the motion carried. Mrs. Brills explained she has a double frontage lot between Skywogd Lane and Skywood Court. The pool will be located in their back yard, 8 feet from the Skywood Court cul de sac easement. Mr. Crowder asked why they wanted this large of -a pool (18' x 361) and why it is to be located where proposed. Mrs. Brills said they didn't know the pool wouldn't -fit on the lot legally as the pool company told them this size pool would fit on their lot. She said they didn't buy a different shaped pool because they don't have the depth that this one has and their son is a diver. She said the location was partially determined by a tree that they want to save. She said it -could be moved a little closer to the house, where they now have a patio, but it still wouldn't meet the 35 foot setback requirement. Mrs. Wahlberg asked why a pool has to maintain the same setback as an accessory building when it is not a building. Chairman Drigans stated he felt it was because this will be a permanent structure being that it is in the ground. Chairman Drigans asked what type of fencing will be provided. Mrs. Brills said they now have a partial cyclone fence with 9 foot bushes and a partial 6 foot redwood fence. She said they also have a gate that will be removed so the only entrance to the back yard will be through the house. Chairman Drigans said the Lidberg's, second house to the east, brought in the public hearing notice they received and stated they have no objections to the variance. Mrs. Brills stated she talked to her neighbors and they have no objections. Mrs. Wahlberg asked if the pool will be heated. Mrs. Brills said it will be heated but it will not have a roof over it. She added they have patio blocks between'the house and the proposed pool that will be taken up and replaced with cement. She said the dirt that will be dug up will be used to fill where the soil is eroding between their lot and the neighbors. She said the City was supposed to fix this but they never did. MOTION by Crowder, seconded by Plemel, to close the public hearing. Upon a voice ,vote, there being no nays, the motion carried. ' The Minutes of the Board of Appeals Subcommittee Meeting of May 28,,1974 Page 3 Mr. Crowder asked if the elevation of the land is the same or higher than the street. Mrs. Brills said their back yard is about 10 feet above the street. Mr. Plemel stated the fence and the elevation will certainly assure privacy so the neighbors shouldn't mind. Chairman Drigans stated it will only be 10 feet from the street but it is the rear yard and it is elevated. The erosion problem should be checked by the Engineering Department. Mr. Crowder said his only concern would be with the neighbors but they seem to have no objections. He said there should also be a boulevard between the property and the street so'it won't be quite as severe as it seems. MOTION by Crowder, seconded by Wahlberg, to recommend to the City Council, approval of the variance. Upon a voice vote, there being no nays, the motion carried. 3. A REQUEST FOR VARIANCES OF THE FRIDLEY CITY CODE AS FOLLOWS: SECTION 205 075, 2A, TO REDUCE THE REQUIRED NUMBER OF OFF STREET PARKING STALLS FROM 246 STALLS TO 235 STALLS, AND, SECTION 205.074, 3, TO REDUCE THE REQUIRED LAUNDRY SPACE FROM 1900 SQUARE FEET TO 1110 SQUARE FEET, TO ALLOW THE CONSTRUCTION OF AN 144 UNIT APARTMENT COMPLEX TO BE LOCATED ON THE EAST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 14, T-30, R-24, EXCEPT THE SOUTH 185.0 FEET THEREOF, AND EXCEPT PARCELS A AND B, THE SAME BEING BORDERED BY 63RD AVENUE ON THE SOUTH, MISSISSIPPI STREET ON THE NORTH, 7TH STREET ON THE EAST AND 5TH STREET ON THE WEST, THE SAME BEING 6451 - 5TH STREET N.E., FRIDLEY, MINNESOTA (REQUEST BY THE WALL CORPORATION, 8200 NORMANDALE, MINNEAPOLIS, MINNESOTA.) MOTION by Plemel, seconded by Crowder, to.waive reading the public hearing notice. Upon a voice vote, there being no nays, the motion carried unanimously. Mr. Frank Reese, architect, was present to present the request. Mr. Reese explained the first proposal was for a long building butwhen soil tests were taken, the engineers wanted the building to be changed to get it on better soil, so they went to this now proposed u -shaped building. He said this building also lends a softer effect to the project. He said because of the change in the building, they needed to change the makeup of the building. He said they have located 2 laundry rooms on each floor and each contain 3 washers, 2 dryers and a counter with a soaking sink. He said this way they end up with 1 machine per. nine families and they don't have to leave the floor to do the laundry. He added one dryer is a 15 pound machine and the other is a commercial 30 pound machine. Mr. Crowder asked if he was correct in thinking that the Code says there should be 1900 square feet per building which would be 633 square feet on each floor. Mr. Mattson said that was correct. Mr. Crowder said the variance then asked for is 370 square feet per floor which would be 123 square feet per laundry room. Chairman Drigans stated his personal feeling of the Code in this area is that it should be reevaluated. Mr. Crowder stated that the Board had recommended that this section of the Code be gone over and asked Mr. Mattson if this had been done. Mr. Mattson said as far as he knew it had not been done. Mr. Reese said it was his understanding that the Code requirements for laundry rooms was written at a time when dryers were not provided and the people used clothes lines. I 239 REGULAR COUNCIL MEETING OF JUNE 3, 1974 PAGE 6 questioned the City Attorney on this point. The City Attorney suggested squaring away this point before any Council action would be taken in this direction. The City Attorney said the State Statutes preempts what the City can do in regard to the handling of variances. Mayor Liebl asked if these statutes would direct the action on recommendations of variances to the Board of Appeals at the present time. The City Attorney said he did not want to say before checking. He said the question would be if the Environmental Quality Commission could serve in place of the Board Appeals. MOTION by Councilman Breider to concur with the concept of having the Environmental Quality Commission handle recommendations concerning billboards and ask the City Attorney to investigate the feasibility of this proposal and report back to Council Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. MOTION by Councilman Utter to receive the minutes of the Planning Commission meeting of May 22, 1974. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RECEIVING THE MINUTES OF THE BOARD OF APPEALS MEETING OF MAY 28, 1974: A REQUEST FOR VARIANCES OF THE CITY OF FRIDLEY CODE AS FOLLOWS: SECTION 205.053, Y The Assistant Engineer placed a plan of the area on the map for the explanation of the site. MOTION by Councilman Starwalt to concur with the recommendation of the Board of Appeals and approve both of the variances as requested by Patricia Abrams for the construction of a garage at 688 Highway #100. 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 205 053, 4D, FRIDLEY CITY CODE, TO REDUCE `I< THE BACK YARD SETBACK ON A DOUBLE FRONTAGE LOT FROM 35 FEET TO 8 FEET, TO ALLOW THE CONSTRUCTION OF AN INGROUND SWIMMING POOL TO BE LOCATED ON LOT 7 BLOCK 1 SWANSON' COURT ADDITION, THE SAME BEING 1337 SKYWOOD LANE N. E., FRIDLEY, MINNESOTA. REQUEST BY MR. LEE BRILLS, 1337 SKYWOOD LANE N. E., FRIDLEY, MINNESOTA,: The Assistant Engineer explained this request as a back yard variance reduction request for the construction of an inground swimming pool. Mayor Liebl stated the Board of Appeals had recommended approval of the request. MOTION by Councilman Starwalt to concur with the recommendation of the Board of Appeals and approve the request for the variance to allow the construction of an inground swimming pool as requested by Mr. Lee Brills, 1337 Skywood Lane N. E. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. Councilman Breider questioned the intent of the minutes of the Board of Appeals asking if the variances before the Council at the present time was for the laundry area only, or was there to be some consideration concerning the reduction in the parking. He pointed out that the request was to reduce the number of stalls REGULAR COUNCIL MEETING OF JUNE 3, 1974 PAGE 5 of succeeding this way than if the City says, this is what we have for you. The City Manager said he had hoped the Planning Commission would hold the Public Hearing only if the Council would wish to get into this venture, the Planning Commission could hold the hearing before the item is reviewed by the Council. The City Manager said the staff was trying to give the background to the Planning Commission and they would like some indication on which way the Council would like them to go on this matter at the present time. He said this is a difficult area with many property owners and some of them have very strong feelings. Mayor Liebl questioned what direction this would be, and asked Councilman Nee to spell it out. He asked if he wanted some grand urban renewal. Councilman Nee responded he wanted it to be a workable program and there had not been any mention of neighborhood interaction, and this is what he would like to include. Mr. Richard Harris, Member of the Planning Commission, said the Planning Commission was confused at what it should do concerning this matter. He said the Planning Commission did not know if they are to have a public hearing on this matter. The City Manager recalled and explained this matter had come up when there was an item before the Council on 57th and this request was denied. He said during the discussion on the matter, there was general concensus that the whole area should be looked at for future development and what should be encouraged. He further explained the staff put together some background material for the Planning Commission. He said he thought it would be up to the Planning Commission on how far they wanted to go before having any hearings. He thought if the Planning Commission were to have the hearings, this would give the Council more input. Councilman Breider said in his mind there was a problem with the development of the area. He said the people have not come together to make the development of the area worthwhile. He recalled with the development of the telephone building, one property owner felt he was landlocked. Councilman Breider felt that Councilman Nee had a point, and the people of the area should have a chance to voice their feelings. He said he would like to see how this commercial plan would relate to the property owners. He said the people would have to be in a position to understand the situation and the overall plan and show them their lot lines in relation to the overall plan. He said this is a very tentative thing, and it would not be of too much value to have a hearing before the Planning Commission before this is done. Mayor Liebl said five different plans had been submitted at the time of the rezoning of the area, and this was discussed for two and a half years. He said finally there was a plan developed which was acceptable to a great number of the people. He said it was the recommendation of the Planning Commission to concur with the plan and rezone with certain stipulations. He further explained the area has lots which are 40 feet in frontage and the stipulation was not to develop any parcel less than 200 feet in frontage. He said this what the people thought was acceptable and practical at the time and the land was rezoned and they agreed to get together and develop the land for commercial use. MOTION by Councilman Nee that the Administration prepare some plans for the development of the area and call in the people of the area and have some discussion with the neighborhood to get the neighborhood plans and ideas for the overall development plan of the area. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. REVIEW OF SECTION 205. OF THE CITY CODE: There was no action taken by the Planning Commission on this item. SPECIAL USE PERMIT AND VARIANCE CONSIDERATION CRITERIA FOR ADVERTISING SIGNS: Councilman Breider said he believed that all billboards are environmental concern and he questioned the possibility of having the Board of Appeals by passed and having only the Environmental Quality Commission make recommendations to the Council for billboards. Mr. Richard Harris asked if this would be allowable by the City Charter. Councilman Breider said it may be a matter of law that this cannot be done, he OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE BOARD OF APPEALS TO WHOM IT MAY CONCERN: BOARD OF APPEALS ITEM #2 NOTICE IS HEREBY GIVEN THAT THE Board of Appeals of the City of Fridley will meet in the Council Chamber of the City Hall at 7:30 P.M. on Tuesday, May 28, 1974 to consider the following matter: A request for a variance of Section 205.053, 4D, Fridley City Code, to reduce the back yard setback•on'a double frontage lot from 35 feet -to 8 feet, to allow the construction of an inground swimming pool to be located on Lot 7, Block 1, Swanstrom's Court Addition, the.same being 1337 Skywood Lane N.E., Fridley, Minnesota. (Request by Mr. Lee Brills, 1337 Skywood Lane N.E'., Fridley, Minnesota.) Anyone who desires to be heard with reference to the above matter will be heard at this meeting. WILLIAM A. DRIGANS CHAIRMAN BOARD OF APPEALS 4G T16 i.2 d 560-3450 ANOKA COUNTY 6431 UNIVERSITY AVENUE NE June 12, 1974 FRIDLEY, MINNESOTA 55421 Mr. Paul Duea Aquarius Pool Company 16900 Cedar Avenue South Rosemont, Minn. 55068 Re: Swimming Pool at 1337 Skywood Lane Dear Mr. Duea: This letter is to reiterate our phone conversation of June 12, 1974 and to make clear this departments requirements for the swimming pool construction at the above address: 1. As discussed, two (2) skimmers approved by the National Sanitation Foundation will be provided. 2. As discussed, two (2) inlets of approved design for fresh and/or repurified water will be provided. 3. As discussed, a main drain of approved construction will be provided. 4. The filter and pump shall be approved by the N.S.F. and be of sufficient capacity to provide a minimum turnover of at least two (2) times in 24 hours. This department recommends a turnover rate of 7 - 8 hours. 5. A deck, a minimum of 3 feet wide and sloped away from the pool, must be provided around the entire perimeter of the pool. 6. The diving area will be acceptable provided there is no overhead obstruction. 7. A fence or other suitable barrier, a minimum of four (4) feet high, that affords no external hand or foot holds and which is impenetrable by toddlers, must be provided around the entire perimeter of the pool. All gates and other accesses shall be equipped with self-closing and latching devices which are capable of being locked. B. An automatic chlorinator should'be provided with a suitable test kit. 9. All electrical and plumbing installations shall be inspected and approved by the City Inspection Department. 10. All electrical lines must be 10 - 20 feet or more away from the pool surface. 11. The pool fill spout must be.air gapped or protected by a vacumn breaker. 0 rd i FTI F z 0 tA) BOARD OF APPEALS ITEM #2 13$7 Skywood Lane N.E. 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