ZONING DOCS9`�
GEORGE BALTHAZOR Request Permit for Double Bungalows
City Clerk ' ascuivdELL
(May 13, 2964)—TC."
(Offl i.TIblieation)
OFFICIAL NOTICE
CITY OF FRIDLEY
PUBLIC HEARING
BEFORE THE
BOARD OF APPEALS
BOARDOFAPPEALS
NOTICE IS HEREBY GIVEN
at the Board of Appeals of the
ty of Fridley will meet in the
)until Chambers , of : the City
all at 7:30 o'clp, k P,M., Wednes•
iy, June 10;, 864, to considers
e following mater:
A request for a Special Used
Permit to permit construction j
of a double bungalow in an Rd
District as per Section 45.19
(2A)„ City Code of Fridley,
Anyone desiring to ' be ' heard
with reference to the above mat
ter will be heard at this meeting;
Harry Nawrocki
CHAIRMAN
BOARD OF APPEALS
(May 27, June 3,1964)—TC-2A
0
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7113/
A rear meeting of the Council of the City of Fridley was called
to order by 16yor Nee at 8s06 P.M.
Nambers P. ement ® Use, Kirkham, Sher aag Wright
Members Absent: Johanson
y
MayorI34 announcedforCannallconaLderation ,:1= ?Ii;([.. e.tK}s AI hs
Planning Commission "(, (;July 8 1964.
_ ;711316
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Y
Page 34.
Notion by Sheridan to set a public hearing for the next regular
meeting there can be legal notice with regard to a Special Use
Permitrequest for double 'rte, ! - a 1366 ighway#100
George Balthazorb Seconded by Kirkham. Upon a voice votep
there
being 1 !;o nays,, ( motion S' '._ ,xJ, .' sibunanimously.
Nayor Nee announced for Council consideration a request for a
special use permit for double bungalows at 67011, 6711 and 6721
&in Street N. E.0 by B;Lrwrd Wolke,
Motion by Wright to set a pablie hearing for the next regular
meeting there can be legal notice with regard to a Special Use
Permit i" L • for.'.&uble bangalows6701s, Spa#.4 •721 . (!:
NortheastStreet
x,voice vote,
tl ...
there *'. � -::(_ :(. :#i f - - ri ., the motion carried unanimmaly,
MayorNee announced for Council consideration a requestfor 'a
special use permit -for a double bungalow at 7300 '1: Buren S .`3 , K
Dbtion by Kirkham to set a public hearing for the next regular
meeting there can be legal notice with regard to a Special Use
Permit request for a double bungalow at 7300 Van Buren Street
Zortheast by Nr. Al Williams If he chooses to porous the reques1b.
0 0?
Page 350
Seeonded by Sheridan, Upon a voice vote, there being no Myst the
motion ceded wmnlmously.
Notion by Wright to concur with the recomendation of the Usuning
._,x15+ ;3 - • { andapprove the =! if. :t. plat; -= bo d 'o' -
Page 1
The meting was called to order at 7t45 P.M. by Chairman Davila.
BOLL "t Members presents Johanson,, Bendel, Baqpang Zravik
Unibm absents Thompson
Others presents City Engine= Qu hi
consultant: Wo Glen Wallace
RMON by Berms, seconded by Johanson, that the Planning Commission
minutes of June 11, 1964 be approved. Nation carried.
ON by Bendel, seconded by Bergmans, that the Planning Commission
racesive the minutes of the Plats and Subdivisions Subs tree meeting
of July 1, 1964® Nation carried.
i+ ON by Johanson, seconded by Be , that the Planning Commission
rive the minutes of the Streets and Utilities Sub -Committee meting of
July 1, 1964. Motion carried,
1. MM Lw an ®. .. TION RE SPECIAL USE Pmap rer
double bungalow at 1366 Highway #100 ® George Eat re
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Mr. George Balthazor
1368 ihvy. 100 N.E.
Fridley, 21 Minn.
Trill furnish carpenter labor for plan No. 640920.
This includes:
Complete framing
Roofing, not lock -tabs
Panging sheetrock in upper level only
Tnsl.ilation of upper outside walls and lover walkout wall
Fn_ish labor on upper level only
This does not include:
Hanging garage doors.
Hanging combination windows or doors �
A-jy finish floors
Siding
Ceiling insulation
Taping, spraying of ceilings or walls
i May 89 1965
for the sum of $2,924.00, $2000.00 to be payment w1len framing is completed,
roofing on, read for framing inspection. The balance of $924.00 -to be
payed as soon as finish work has been done. This bid is based on Qonstruction
Grade Materials, 4,x 8 sheeting, floors and roof.
4
STATE OF MINNESOTA
COUNTY OF ANOKA MUTUAL AGREE14EHT
THIS MUTUAL AGREEMENT made and entered into .this 10th
day of September, 1969, by and between The City of Fridley,
a Municipal corporation, and Mr. George Fa1thazor.
WHEREAS, George Galthazor is the owner of Lot Three Wo
Subdivision Ton (10), Auditors Subdivizion Ninety-four (94); and
WHEREAS, George Ea 1 tha-zor requests a temper ry rezoning
from R -I to RQ3A; and
WHEREAS, the temporary rezoning has been denied by the
City Council of the City of Fridley; and _
WHEREAS, George Balthazor dealro to live in the lower
level of that certain buildisig located on Lot Throe (3), Subdivision
Ton (10), Auditor's Subdivision Vinaty-f;our and
WHEREAS, occupancy of the lower level by George iia 1 thazor
wl It constitute a violation of the zonino ordinance; and
WHEREAS, the City is agreeable to a I l oar Mr. ark Mrs.
iia l'thazor to reside in the lower unit on a tam.por€ary basis anti I
December 31, 1970; and
WHEREAS, occupation of the lower level will bQ oarIy by
Mr. and Mrs. 6a lthazor,' and
WHEREAS, Mr. and Mrb. George Ealthazor shall be the only
p►arties al loved to I ive in the lower unit.
NOW THEREFORE BE IT RESOLVED, that the City of Fridley
agrees to.aIlow Mr. and Mrs. George Nalthaazor to occupy the
lower level of that -certain building located on Lot Three (3)r
Subdivision Ten (10), Auditor°s Subdivision Ninety -fours (94)0
and the said Mr. and Mrs. George Balthazor agree than such
occupancy shall be ceased by Midnight, December 31, 1970; and
that the occupancy will not be renewed and is not transferable.
P
n Presence %Of
L y 4 SPECIAL PUBLIC i'EARING MEETING OF MAY 11, 1970 PAGE 21
DISCUSSION REGARDING BALTHAZOR PROPERTY SPECIAL USE PERMIT (1374 T.H. #100):
MOTION by Councilman Sheridan to reaffirm the Council decision, and ask the
City Manager to notify Mr. Balthazor by mail of this Council decision.
Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Harris
Pro tem declared the motion carried.
DISCUSSION REGAF ING EAST RIVER ROAD STUDY (Bk.THER ENGINEERING):
The City Engineer said that if the City is going to try for some T.O.P.I.C.S.
monies, there must be approval of a plan. Anoka County is anxious to get
started. The monies are available from the federal program on a first come,
first serve basis. He suggested that a Public Hearing could be set, so when
the people.come in asking questions, there would be answers ready. Council-
man Harris felt that he did not have a thorough understanding of these plans
as yet, and would like to be briefed. It- was agreed that the Council would
meet on the 25th of May at 7:30 to discuss the East River Road Study. The
City Manager was asked to send out notices of the Meeting.
RENEW TRAILER PERMITS FOR MIDLAND MOBILE COMPUTER CENTER:
MOTION by Councilman Liebl to approve the renewal of the trailer permits for
Midland. Seconded by Councilman Breider. Upon a voice vote, allv0tion ave,
Mayor Harris Pro tem declared the motion carried.
RESOLUTION #98-1970 - CONFIRMING ASSESSMENT FOR STREET IMPROVEMENT PROJECT
ST. 1969-1 (EXCEPT 62ND WAY AND ALDEN WAY):
MOTION by Councilman Liebl to adopt Resolution #98-1970. Seconded by Council':
man Sheridan. Upon a voice vote, all voting' -aye, Mayor Harris Pro tem declared
the motion carried.
RESOLUTION #99-1970 - CONFIRMING ASSESSMENT FOR STREET IMPROVEMENT PROJECT
ST. 1969-2:
MOTION by Councilman Sheridan to adopt Resolution #99-1970. Seconded by
Councilman Liebl. Upon a voice vote, all voting aye, Mayor Harris Pro tem
declared the motion carried.
ESTIMATE:
Suburban Engineering, Inc.
6875 Highway #65 N.E.
Minneapolis, Minnesota 55432
FINAL ESTIMATE
Street Improvement Project St. 1968-1B F 2B $2,904.22
Street Improvement Project St. 1968-1B &.2B $1,050.85
$3,955.07
MOTION by Councilman Liebl to authorize payment of the estimate. Seconded by
Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Harrig Pro
tem declared the motion carried.
i
0
C1•
ANOKA COUNTY
6431 1iAIVERSITY AVENUE NE FRIDLEY, MINNESOTA 55421
i
Mr. George Balthazor--
1374 Highway 100 N. E.
Fridley, Minnesota
1
Dear Mr. Balthazor:
May 14, 1.970
on -September 2, 1969, the City Council granted an occupancy permit to
Mr. and Mrs. George Balthazor only,.1374 Highway #100 (Lot 3, Subdivision #10,
Auditor's Subdivision #94) for the lower level third family dwelling, only at
this address, with the permit to expire December 31, 1970 or sooner if Mr.
Balthazor disposes of his property, with permit non-renewable.
The City Council in session Monday, -May 11, 1970, reaffirmed the action
taken at the meeting of September 2, 1970 -and directed that Mr. and Mrs.
Balthazor be notified in writing that the Special Occupancy Permit would.not
be renewed and that the third family would be moved from the dwelling by
December 31, 1970.
in view of the above, you are advised that your occupancy permit issued
September 2, 1969 will expire December 31, 1970 and will not be renewed. You
are further advised that on or before December 31, 1970, the double bungalow
located on Lot 3, Subdivision No. 10, Auditor's Subdivision 994: addressed as
1374 Highway 100_N.E., Fridley, Minnesota, may be used to house only two
families and that the third family shall be moved from the premises on or
before December 31, 1970.<,
Yours very truly,
Homer R. Ankrum
City Mana4ger
HRA/mis
CC: Councilman Sheridan
Engfnccri.n,, Dcpt . +%
REGULAR COUNCIL MEETING OF OCTOBER 19, 1970 PAGE 22'
B. CIVIL DEFENSE DIRECTOR: CIVIL DISORDER AND RIOT CONTROL TRAINING
MOTION by Councilman Sheridan to accept and approve the recommendation of the
Civil Defense Director as outlined in his memorandum.of October 16, 1970.
Seconded by CounciLaan Liebl. Upon a voice vote, all voting aye, Mayor
Kirkham declared the motion carried unanimously.
Mayor Kirkham pointed out that it is necessary.that a man be nominated and he
so nominated Lt. Howard Rick as recommended, to attend the school November
15, 1970.
MOTION by Councilman Liebl to concur with the nomination of Lt. Howard Rick.
Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor
Kirkham.declared the motion carried unanimously.
C. N.S.S.S.D.: PUBLIC HEARING OCTOBER 27, 1970
C"ancilman Harris reported that there is to be a public hearing by the N.S.S.S.D.
October 27th at 7:30 P.M. concerning the downward revision of use charges. It
is his feeling that there should be a O.balance.at the time of the takeover
by the Metropolitan Sewer Board. This would mean that there would be no use
charges for the third and fourth quarter. He suggested that any Council member
that could, should be in attendance. Mayor Kirkham asked the Acting City
Manager'to go, along with anyone else that could attend. Councilman Harris
said that he has had some further discussions with Joe Cook and they are taking
a less strenuous stand and he felt that there may be room for some negotiation,
and that it can be amiably worked out.
GEORGE BALTHAZOR, 1374 HIGHWAY #100:
Councilman Sheridan said that he recently received a call from Mr. George
Balthazor asking him what he thought the -Council reaction would be to his
asking for a rezoning. Councilman Sheridan said that he told Mr. Balthazor
his opinion, then he asked if he could get an extension of time on his special
use peMit granted about A years ago. Councilman Sheridan told Mr. Balthazor
that he would place it before Council. He said that he seemed to be concerned
about the administrative charge for the publications. This is the case where
there. are three families in a double bungalow. Councilman Harris said that he
thought that Mr. Balthazor agreed with the Council when the Council extended
the special use permit to January:l, 1971. Councilman Sheridan said that he
had told Mr. Balthazor to call him later in the week after he brought up his
question at the Council meeting. If a rezoning is asked for, the people in the
neighborhood would be up here in force and if there was an extension of time on
the special use permit there should be a public h-aring and the people would
still object as it would be, in effect, a temporary rezoning. He said that he
thought that the Council was lenient with him in the first place. Councilman
Harris said that he was sympathetic with him at first because he thought that
he just needed some more time, and that he had a solution to his problems', but
it would just take.a little more time. Councilman Sheridan said that he t,a°ould
be in a better tax bracket to sell if he could wait.' This is what he told the
Council last time, and he was given an extension.
It was agreed by the Council that Councilman Sheridan could report to Mr.
Balthazor that the Council would not act favorably on his request.
REGULAR COUNCIL ME-ETING, SEPTEMBER 18, 1967
1
from approximately 30 to 100 a week, and.revenue has increased from $300
or $400 a week to $800 or $1000, so the additional revenue would pay for
the additional help. He said the Police.Department plans on using the
radar regularly until bad weather starts. He suggested the Council
authorize help for the Court. Mayor Kirkham said the Clerk of Court
felt a part time girl, three or four days a week would be able to handle
it.
MOTION by Councilman Harris to refer this to the Administration to see
if someone presently employed is available, and if not, to secure a part
time girl. Councilman Harris felt this should be done with the under-
standing that when the Court system is enacted this would be eliminated.
Councilman Liebl asked if this would come out .of the Court budget. The
Mayor said that it would. The motion was seconded by.Councilman.Lieb1.
Upon a voice vote, there being no nays, Mayor Kirkham declared the motion
carried.
DOUBLE BUNGALOWS - GEORGE BALTHAZOR
Councilman Sheridan said that the City Manager had written a .letter to
Mr. Balthazor about a house.on.which the permit issued was for a double
bungalow, but three families are living in it. He said the people want
to know what they can do about it. -He advised them he would discuss it
with the Council, but had told them that anything done differently would
have to be changed in the ordinance. Councilman Harris said that this
same problem exists in another area where three families live in a single
family dwelling. The City Engineer said we have a code that limits the
number of families. The City Attorney said that the Planning Commission
is working on some suggestions for handling these situations other than
exists in the Code. He said he believed that if the property is zoned
for double bungalows, only two units are permitted.
Councilman Sheridan said that at the time of construction, the electrical
contractor's permit showed service for three units, and the Inspection
Department indicated this was a Special Use Permit for a two family
dwelling. He said he would contact the people and tell them that under
the ordinance, permitting this would not be in good faith with the
people that went along with the Special Use Permit in the first place.
COMMUNICATION - GERALD GLENN CORPORATION, 1202 HATHAWAY LANE, MINNEAPOLIS
MINNESOTA, 55421:
MOTION by Councilman Harris to receive the
Corporation and request the Administration
seconded and upon a voice vote, there being
declared the motion carried.
CITY ATTORNEY - OPTION ON PARK PROPERTY:
communication from the Glenn
to answer it. The motion was
no nays, Mayor Kirkham
The City Attorney said that the time of the option with Mr. Fontaine has
expired and Mr. Fontaine has asked whether the City intends to exercise
the option or let it drop. The City Attorney said he had also discussed
the same situation with Mr. Siverts, and he has now agreed to sell.the
property that the City requested, at the City's appraisal price, if the
PAGE 2 2
J
REGULAR COUNCIL MEETING OF SEPTEMBER 2, 1969
PAGE 8
The City Engineer suggested that the resolution be passed before the appli-
cation be made, as he felt that it would carry more weight if the improvement
is already ordered in. Councilman Liebl said that concerning Main Street,
the industry on the west side has no objections to the improvement, but the
residents on the east side have been vigorously objecting. He said that he
felt that the parking problems should be solved before the street improvement
goes in.
Councilman Harris said that he felt that if the improvement is already ordered
in, the City could go before the County and speak in stronger terms. Council-
man Liebl said that he did not want parking on the street. Councilman Harris
replied that if Main Street is taken over as a county road, they will place
certain restrictions on the street. Mayor Kirkham wondered if the apartment
house owners should not be approached on their parking problems as he felt
that it would be a shame to wait another year. Councilman Samuelson pointed
out that the City does have a Tagging Ordinance for tagging parked cars, and
if enforced along Main Street, with renters getting tickets, they will bring
pressure on the apartment house owners.
MOTION by Councilman Harris to table this resolution to the Regular Council
Meeting of September 15, 1969. Seconded by Councilman Samuelson. Upon a voice
vote, all voting aye, Mayor Kirkham declared the motion carried unanimously.
RECEIVING REMAINDER OF PLANNING COMMISSION MINUTES OF AUGUST 6, 1969:
1. REZONING REQUEST BY GEORGE BALTHAZOR, ZOA #69-10: Lot 3, Subdivision
#10, Auditor's Subdivision #94. Rezone from R-1 to R -3A.
Councilman Sheridan reported that he had spoken to Mr. and Mrs. Balthazor
and the Council concerning this request and, speaking for himself, he felt
that the rezoning request should be denied. However, if the Council concurs,
he would suggest a solution for Mr. Balthazor. Mr. Balthazor is partially
retired now, and will be fully retired December, 1970. With full retirement,
he could receive a better tax break for disposing of his property. In the
meantime, he suggested granting an occupancy permit for the lower level to
run through December 31, 1970. Mayor Kirkham and Councilman Samuelson
concurred with this suggestion.
MOTION by Councilman Sheridan to deny the rezoning request by Mr. George
Balthazor. Seconded by Councilman Liebl. Upon a voice vote, all voting aye,
Mayor Kirkham declared the motion carried unanimously.
MOTION by Councilman Sheridan to grant an occupancy permit to Mr. & Mrs.
George Balthazor only, 1374 Highway #100, for the lower level third family
dwelling, only at this address, with the permit to expire December 31, 1970..
or sooner if he disposes of his property, with the permit non-renewable. The
motion was seconded and upon a voice vote, all voting aye, Mayor Kirkham de-
clared the motion carried unanimously.
2. REZONING.REQUEST BY R.W. WORMSBECKER, ZOA #69-08: NW Quarter of NW
Quarter except N. 16.6 acres and SW Quarter of NW Quarter of Section 2;
also the N. 34.68 acres of NE Quarter of NE Quarter of Section 3.
Rezone from M-2 to R-3.
REGULAR COUNCIL MEETING OF SEPTEMBER 2, 1969
PAGE 7
ni
RESOLUTION #152-1969 - RESOLUTION ORDERING IMPROVEMENT AND FINAL PLANS AND
`SPECIFICATIONS AND ESTIMATES OF COSTS THEREOF: STREET IMPROVEMENT PROJECT
ST. 1970-1, ADDENDUM #1:
Councilman Samuelson commented that everyone seemed to be in favor of this
improvement. Councilman Sheridan added that he had talked to some of the
people and they seemed to be sorry that they had not done this before, when
the costs were lower.
MOTION by Councilman Sheridan to adopt Resolution #152-1969. Seconded by
Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham
declared the motion carried unanimously.
CONSIDERATION OF RESOLUTION ORDERING IMPROVEMENT AND FINAL PLANS AND SPECI-
FICATIONS AND ESTIMATES OF COSTS THEREOF: STREET IMPROVEMENT PROJECT ST.
1970-2:
Councilman Sheridan reported that he had received some calls from people
objecting to the street width and the sidewalks on West Moore Lake Drive.
Mr. Harry Nawrocki, 5800 West Moore Lake Drive said that he had called
Councilman Sheridan about getting only an overlay placed on the street. He
said that he felt that an overlay would make the street last until 1974
when the street is scheduled for improvement. He wondered why the State Aid
Street, and not just a regular residential street. He felt that by putting
in a State Aid Street would encourage speeding. Councilman Harris answered
that as was explained before, the cost differential between the State Aid
Street and a residential street is not assessed, but is paid for by State
Aid funds. The residents only pay for a regular residential street, but
they receive a street with increased width and thickness of the mat. He
added that studies have shown that increasing the width of the street does
not increase speeding. A person who will speed, will speed regardless of the
width. He said that he would agree with the residents who voiced concern
over losing the trees, and that he would like to have them saved. He said
that the City spends too much money in planting new trees to allow them to be
lost if it can be avoided. Councilman Sheridan asked how much right of why
there was. The City Engineer replied 60'. Councilman Sheridan asked if all
the trees were within the right of way. The City -Engineer said that most of
the boulevard trees are pretty close to the right of way line. The State
Aid requirement is 44' but this may damage the root system of the trees. The
Council could make a special request to allow a 40' State Aid Street to the
Minnesota Highway Department, State Aid Section. If this was granted, the
road would be about l' wider on each side than the existing street.
MOTION by Councilman Sheridan to ask the Administration to make an appli-
cation to the Minnesota Highway Department for the reduction of State Aid
standards from 44' to 401, to allow the trees to be saved. Seconded by
Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared
the motion carried unanimously.
Councilman Liebl commented that this would be the first 40' State Aid street,
if approved. Mr. Nawrocki asked what about driveways. Councilman Harris
said that they are fixed with whatever exists there now, whether concrete,
blacktop or crushed rock.
PLANNING COMMISSION MEETING AUGUST 6, 1969 PAGE 1
ROLL CALL:
The meeting was called to order by Chairman Erickson at 7030 P.M.
Members Present: Myhra, Mittelstadt, Erickson, Jensen
Member Absent: Fitzpatrick
Others Present: Engineering Assistant Darrel Clark
APPROVE PLANNING COMMISSION MINUTES: JULY 23, 1969_
MOTION by Jensen, seconded by Myhra, that the Planning Commission
approve the Planning Commission Minutes of July 23, 1969. Upon a voice
vote, all voting aye, the motion carried unanimously.
RECEIVE PLATS & SUBDIVISIONS -STREETS & UTILITIES SUBC S: JULY 30, 1969
Myhra called attention to Page 2 of the minutes and the wording in the
motion for lot split #69-21 by Walter Wittman asking that the intent of the
motion be clarified. The first sentence of the motion should read "recom-
mend denial of the lot Split, L.S. #69-21,-___/0.
MOTION by Myhra, seconded by Jensen, that the Planning Commission
receive the minutes of the Plats & Subdivisions -Streets & Utilities Sub-
committee dated July 30, 1969 and include the above clarification. Upon
a voice vote, all voting aye, the motion carried unanimously.
RECEIVE BOARD OF APPEALS MINUTES: JULY 30, 1969:
MOTION by Mittelstadt, seconded by Myhra, that the Planning Commission
receive the minutes of the Board of Appeals dated July 30, 1969. Upon a
voice vote, all voting aye, the motion carried unanimously.
Chairman Erickson explained that the two requests received this evening
would be taken in the following order: (10) Lot Split #69-22, Richard
Gjevre and (11) Arthur Deys referred by Board of Appeals.
1. CONTINUED REZONING REQUEST: ZOA #69-10, GEORGE OR: Lot 3, Subdivi-
sion #10, Auditor's Subdivision #94. Rezone from R-1 to R -3A.
Mr. and Mrs. Balthazor were present.
Reviewing the facts discussed at the last meeting, Mr. Myhra said that
one of the things suggested was the fact that this would be an economic
hardship if denied. There is evidence right from the beginning that the
City tried to make it clear to the petitioner it was a duplex which allowed
only two families.
e
Planning Commission Meeting - August 6. 19697 2
T.
The Chairman said he could understand that a retired person, living on a
fixed income, could find that keeping the house and paying the taxes would be
difficult. However, to rezone the property would be bad spot zoning of the
worst type. He was not sure he would be willing to ask the City Council to
allow the petitioner to have use of the property as three family dwelling
under the present ordinance.
Mr. Mittelstadt asked to have this request and the Peterson request on
69th Avenue clarified. The difference was that Mr. Peterson was going to build
on a lot where there was no structure, and Mr. Balthazor's structure was al-
ready there.
The Chairman summed up the discussion by saying it seemed to him that
what the Planning Commission is trying to say to the petitioner is that if
he can't put three families in the dwelling, he would have to sell. This may be
true. It would not make any difference to him if a retired person, living in
a single family dwelling, would want to put a family in the basement, bot put-
ting three families into a two family residence should not b6 granted.
MOTION by Jensen, seconded by Myhra, that the Planning Commission deny the
rezoning request, ZOA #69-10, George Balthazor, of Lot 3, Subdivision #10,
Auditor's Subdivision #94 to be rezoned from R-1 to R -3A for the reasons that
it would be a very flagrant example of spot rezoning and that such rezoning
would be detrimental in the center of a single family neighborhood. Upon a
voice vote, all voting aye, the motion carried unanimously.
2. CONTINUED PROPOSED PRELIMINARY PLAT, P.S. #69-09. MIKE O' ONa Lots 11, 12,.
13 and 14, Auditor's Subdivision #22 and Lots 1 through 16, 24, 25 and 26,
Block 1, Irvington Addition.
The Chairman stated the Planning Commission had asked for a preliminary
plat with topog and more specific details as far as let size were concerned.
Mr. O'Bannon came forward with the topog map. He showed the plans for the
sewer and road and acknowledge that he had forgotten to have the location of
the Skog house shown. His measurements showed a little over 35 feet of setback.
The Chairman said he was satisfied with the preliminary plat, except for one
thing -- that the building should be shown. Mr. Jensen suggested Mr. O'Bannon
get a boundary survey showing the buildings and the lot lines. This would be
for his own protection. In a spirit of cooperation, Mr. O'Bannon is working
details out with the two owners. He would have no objections if the road were
to move one way or the other a couple of feet. This is the kind of thing
that ought to be considered in the actual computing of the final plat. The
Engineering Assistant said the Council is looking at a preliminary plat, and
until after the final plat is made, no boundaries are required.
MTION by Jensen, seconded by Mittelstadt, that the Planning Commission
recommend approval of the proposed preliminary plat, P.S. #69-09, Mike O'Bannon
of Lots 11, 12, 13 and 14, Auditor's Subdivision #22 and Lots 1 through 16, 24,
25 and 26, Block 1, Irvington Addition as shown on the drawing labeled "Pro-
posed Plat, P.S. #69-09, August 6, 1969" including the area outlined in a
red pencil on this print subject to the provision that the petitioner provide
a boundary survey which indicates that the existing buildings on the property
will fit on the lots as described by the zoning ordinance prior to the accept-
ance of the final plat. Upon a voice vote, all voting aye, the motion carried
unanimously.
REGULAR COUNCIL MEETING OF MAY 19, 1969
PAGE 7
Councilman Harris said that there were notices sent. If the land owner did
not want to attend the Hearing, this is his business. Mr. Gibbs pointed out
that there were condemnations in this area also, so everyone should be well
aware of all the proceedings. In the City of Fridley an assessment search
can be obtained for a minimal cost which would show all the assessments, plus
all the pending.assessments.
MOTION by Councilman Harris to deny the request for an abatement of special
assessments on Lot 13, except the east 200' and except the north 30' for road,
Auditor's Subdivision #89 requested by Kutzik and Leavitt. Seconded by Council-
man Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the
motion carried..
CONSIDERATION OF A REQUEST FOR THREE FAMILY OCCUPANCY IN DOUBLE BUNGALOW IN R-1
ZONING: (George Balthazor, 1374 Highway 100 N.E.)
The Assistant City Attorney explained that at one time Mr. Balthazor came in
and applied.for a special -use permit to allow for a two family dwelling. Since
that time, the Building Inspection Department discovered three electrical
services going into the house and reported it. It was checked out and found
that there were three families residing there, and a summons was issued. He
\� said that.it was his position that the Council could not legally grant anything
under R-1 zoning under the present Ordinance.
Mr. Balthazor said that this is a double lot, so there is plenty of room. He
said that there were two families in the. other section, no children. Council-
man Liebl asked how this was first brought to his attention. Mr. Gibbs re-
plied that he believed it was first reported to the Building Inspection
Department be a neighbor, whereupon, the Inspector went out to check. Mr.
Balthazor said that they have lived there 18 years, and have had no complaints
from neighbors that he knew of.
Mayor Kirkham advised Mr. Balthazor that the legal department for the City
has informed the Council that there is nothing legally they could do under the
Statutes. He said that Mr. Balthazor's only recourse would be to apply for a
rezoning, but he did not want to give him the impression that he would encourage
it, and he did not feel, personally, that it would go through.
CONSIDERATION OF APPROVAL OF FINAL PLAT(_P.S. #69-04) EAST RANCH ESTATES FIRST
ADDITIONE ROBERT A. SCHROER: (Generally located north of Osborne Road and
west of University Avenue):
NOTION by Councilman Harris to approve the final plat, -East Ranch Estates First
Addition requested by Robert A. Schroer. Seconded by Councilman Liebl. Upon a
roll call -vote, Kirkham, Liebl, Harris, Samuelson voting aye, Mayor Kirkham de-
clared the motion carried.
CONSIDERATION OF APPROVAbtOF FINAL PLAT (P.S. #69-05) EAST RhNCH ESTATES SECOND
ADDITION, ROBERT A. SCHROER: (Generally located north of Osborne Road and
west of University Avenue)
Councilman Harris asked if there had been a petition received for the improve -
t of 79th Avenue. He was told that there had not been. Councilman Liebl
d that he would like to see some sort of internal traffic system set before
a roval of the final plate aA.A,p0. He said that he
REGUIAR COUNCIL MEETING OF MAY 19, 1969 PAGE 8
would like the property owners north of 79th to be notified, and see what their
plans for the area are. Councilman Harris said that it was pointed out that
a petition would be necessary for the improvement of 79th Avenue, before the
plat could be approved. Councilman Liebl asked the City Manager to contact
the owners of the property north of 79th Avenue to apprise them of the pending
Council action, and find out what their intentions are for their land.
MOTION by Councilman Liebl to table the final plat (P.S. #69-05) East Ranch
Estates Second Addition requested by Robert A. Schroer to the next regular
Meeting. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye,
Mayor Kirkham declared the motion carried.
RECESS:
Mayor Kirkham declared a 15 minute recess at 8:55 P.M.
CONSIDERATION OF APPROVAL OF FINAL PLAT (P.S. #69-02) AMBER OAKS, BY DAVID R.
HUBERS AND JULIAN JOHNSON: (Generally located south of 61st Avenue between
Stinson Boulevard and Benjamin Street)
The City Engineer said that the Public Hearing has been held and the plat
basically meets the City standards, however, there is one point of conflict.
There has been some disagreement between the owner of Lot 3 and the developers
on how the street grade should be set. He said that he had requested that
both the developers and the owner of Lot 3 be present at the Meeting tonight.
Mrs. Zander said that she and her husband were the owners of Lot 3, and she has
been confused about the street grades. It appeared to her that her house would
be sitting up too high in relation to the rest of the land. The City Engineer
explained that by moving the street, it would be farther from her house, so
the slope could be more gradual. The cul-de-sac;as originally planned would
have taken more of her land; the present plan will take less. He'said that
he felt that the developers should be asked to grade back and fix her front
yard, while working in the area. He said it may need a retaining wall. He
suggested that'if they were to put in a garage, that it be a tuck -under type.
Mrs. Zander said that she just could not visualize this slope, and -how great it
would be. The City Engineer said that the house would be about 70' back from
the road, so the slope would be gradual. Mayor Kirkham added for the benefit
of Mrs. Zander that it would-be comparable to the base of one side of the Council
Chambers to the ceiling on the other side, looking east and west. The pitch of
the driveway would be less. The City Engineer said that the yard could be
sloped, or a retaining wall could be put in, or some terracing work done,
depending on what Mrs. Zander Vanted.
COUNCILMAN SHERIDAN ARRIVED AT 9:15 P.M.
Councilman Sheridan asked if the additional right of way had been acquired.
The City Engineer said.yes, the only problem left, was the decision on the
street grade.
Councilman Samuelson suggested asking the legal department-to-Ak-aw, up an.
agreement for the Zanders and the developers to sign, and returning it to the
City. This would clarify what the City Engineer is trying to explain in writing
and woulcl give the Zanders a degree of protection and would also spell out just
what is expecte8 of the developers. This would be prior to releasing the plat
to the developers.
MEMORANDUM
May 28, 1969
MEMO TO: Clarence Belisle, Building Inspection Department
MESO FROM: James D. Gibbs
Fridley City Attorney
Please have all records avai]abble'om the Balthazor and
the Wilson matter ready for June.3., 1969.
I N
MEMO FROM: CITY MANAGER
MEMO TO: CITY ATTORNEY
MEMO DATE: AUGUST 9, 1968
The City Engineer continues to receive complaints that three
families are living in a double bungalow on Lot 3, Subdivision of
Lot 10, Auditor's Subdivision No. 94, the same being 1374 Highway #100
Northeast. This double bungalow is in a R-1 area.
The Building Inspector indicates they have three electric meters,
that the woman next door, a Mrs. Kuglin, 1364 Skywood Lane, states that
three families live in the double bungalow. Previous correspondence
on the matter is attached hereto.
Please advise what you can do to enforce the code. Also, can you
get the Building Inspector a court order to enter the building to
inspect in order to provide direct evidence on which to base a complaint.
HRA/mis
Homer R. Ankrum
CITY MANAGER