VAR 93-090
Community Development Department
DATE: March 11, 1994
PLANNING DIVISION
City of Fridley
TO: Virgil Herrick, City Attorney
FROM: Barbara Dacy, Community Development Director
SUBJECT: Drainage Complaint at 6410- �-Sta�ite Circle
On March 3, 1994, Mr. Levy Powell t;_6410 St rlite Circle
reported that his basement was f ooded: said his basement has
never been flooded in the 11 yea s he s lived there. Later the
same day, Gary Wellner, who owns the unit at 6412 Starlite
Circle, spoke to Gary Ford regarding the same problem.
On Friday, March 4, 1994, I inspected the property and met with
Mr. Wellner and Mr. Powell. Runoff between 6412 Starlite Circle
and.6422 Starlite Circle had backed up because snow -had been
piled at the point where the water flows into the cul=de-sac.
Gary Ford and Scott Erickson also inspected the property earlier
that afternoon.
Wellner contends that the City was negligent in approving the
drainage plan since we did not force the developer to regrade the
property such that the water would be directed to the north and
east around the opposite side of the building. He also noted
that because the twinhome was constructed at a higher elevation
than originally contemplated, the City helped to exacerbate the
drainage problem. Further, a concrete sidewalk in between the
side of the building and the lot line helped to block the
stormwater on the developer's lot and forced the water onto
Wellner's property.
I have attached a copy of the City Council minutes from June 21,
1993,_ a copy of the drainage plan for the building at 6420'and
6422 Starlite Circle, and a copy of a memorandum from Scott
Erickson regarding runoff from the property. Also enclosed is a
copy of the City Council Action Taken Notice regarding the
Council's action on June 21, 1993. Note that stipulation #5
required that the petitioner, "on forms provided by the City,
shall record deed restrictions stipulating that the wall cannot
be removed and is intended for fire safety purposes". I do not
believe those deed restrictions have been recorded. I will
verify this with Mr. Bauer, but your office may need to prepare
those forms so they can be recorded.
y
Drainage Complaint at 6410-12 Starlite Circle
March 11, 1994
Page 2
Mr. Powell has reported to me that his insurance policy will not
cover the water damage. He also indicated that he is reluctant
to sue,the City but that he wants the drainage problem resolved.
Mr. Wellner also wants to resolve the drainage problem, but he
may bring action against the City.
I would like your opinion regarding the following questions:
1. Given the facts of the case, is the City partly or
wholly responsible for damage to the interior of the
basements?
2. Do we have -adequate legal grounds to require.the
developer, Walter Bauer, to correct the drainage
problem?
3. What can we do to protect the City from future action
if a drainage problem continues to occur despite a
corrective action made possibly this spring/summer?
Please call me; a written opinion is not needed at this point.
BD: ls�
cc: "dohn Flora, Public Works Director
Scott Erickson, Asst. Public Works Director
M-94-127
FRIDLEY CITY COUNCIL MEETING OF JUNE 21 1993 PAGE 3
Mayor Nee felt strongly that the stop sign issuedes ryes some
review as to whether or not more stop signs are needed He stated
that he wanted the Public Works Department to cond ucy a review of
the neighborhood, and that a larger area should be tudied.rather
than one intersection. He stated that if stop should/be are installed
at every other corner on Third Street, the situ ion may be worse
on Second Street. He stated that the City woul do a study and see
how this can be resolved.
Councilwoman Jorgenson stated that she the same situation in
her neighborhood, and she obtained a pe tion from the residents.
Mrs. Weiser, 6876 Madison Street, s'
curb and upgrading of Seventh Str E
percent of the residents are in pfivc
of $8.00 a front foot. ySheate(
involved, and sixteen at
circulated. They were alvor
one.
Emitted a petition for concrete
t. She stated that over fifty
r of this improvement at a cost
I that there are 24 properties
home when the petition was
of this improvement except for
MOTION by Councilman Xillings, to receive Petition No. 11-1993.
Seconded by Councilwo an Jorgenson. Upon a voice vote, all voting
aye, Mayor Nee dec1pi7ed the motion carried unanimously.
OLD BUSINESS:
1.
MOTIO by Councilwoman Jorgenson to waive the second reading of
Ord! ance No. 1014 and adopt it on the second reading and order
publication. Seconded by Councilman Billings. Upon a voice vote,
all voting aye, Mayor Nee declared the motion carried unanimously.
NEW BUSINESS•
2. RECEIVE AN ITEM FROM THE APPEALS COMMISSION MEETING OF MAY 18,
1993-
A. VARIANCE REQUEST, VAR #93-09, BY WALTER BAUER, TO REDUCE THE
10_ FEET TO 4.5 FEET AT 64-ZQ-STARLITE L;lx(;Ijh; lu rrr.-i lv 2
AT 6422 STARLITE CIRCLE• 10 FEET TO 7 FEET AT 6430 STARLITE
CIRCLE• AND 10 FEET TO 6 FEET AT 6432 STARLITE CIRCLE N.E. TO
ALLOW THE CONSTRUCTION OF TWO NEW TWO-FAMILY DWELLINGS:
Ms. Dacy, Community Development Director, stated that the
properties involved in the variances are two twin homes located in
PAGE
FRIDLEY CITY COIINCIL MEETING OF JIINE 21 1993
the northwest part of Starlite Circle. She stated that t]
property is zoned R-2 and is known as the Doty-Wellner Addition.
She stated that the variances are to reduce the setbacks between
the living area and the side lot lines for the properties at 6420,
6422,-6430 and 6432 Starlite Circle.
Ms. Dacy stated that this property was originally platted as a
result of a lengthy rezoning and platting process initiated in 1980
and completed in 1982. She stated that a number of variances were
granted at this time for the twin home lots. She stated that the
variances were granted because at that point in history the City
did not have a zero lot line provision in the ordinance. She
stated that the variances granted included a lot width variance for
each of the twin home lots; a side yard variance for a garage from
5 feet to 3 feet; a front yard setback from 35 feet to 30 feet for
four lots; and for the single family lots, there were some side
yard and rear yard variances.
Ms. Dacy stated that as part of the plat and rezoning process, the
petitioners submitted two types of twin homes that were being
contemplated for construction, Type A and Type B. She.stated.that
the Type A plan included a double garage, and the Type B plan
included a single garage but did not indicate living area above the
garages. She stated that one of the petitioners, Mr. Wellner,
currently owns ,_the existing lot to the south of one of the
properties at t41-2 ;Starlite* circle.
Ms. Dacy stated that the.variance requested is to reduce the side
yard setback for the living area, and there is a different variance
for each of the lots. She stated that the petitioner, Bauer
Construction, has submitted two site plans for consideration. She
stated that for the properties at 6420 and 6422 Starlite Circle,
the garage 'is located in front of the living area. The
construction is similar for the twin home at 6430 and 6432 Starlite
Circle.
Ms. Dacy stated that during the plan review process, the setbacks
were reviewed to assure the garages met the variances granted in
the 1980's. She stated that the submitted surveys for each of the
twin homes clearly indicate a garage. However, there is no mention
of the living area above the garage unless one reviews the building
plans. She stated that while the garage location on each of the
twin home lots meets the setback requirements, the existence of a
living area on the second floor above the garage dictates the need
for a variance from the ten foot required side yard setback.
Ms. Dacy stated that at 6420 Starlite Circle, there is 4.5 feet
between the lot line and the corner of the living area; at 6422
Starlite Circle, there is 5 feet between the lot line and living
area; at 6430 Starlite Circle, there is 7 feet between the living
area and lot line; and at 6432 Starlite Circle, there is 6 feet
between the living area to the lot line. She stated that the twin
�PAGE 5
FRIDLEY CITY COUNCIL MEETING OF JUNE 21 1993
homes at 6420 and 6422 Starlite Circle has the foundation
installed, framed, exterior siding, as well as the electrical,
roofing, and plumbing systems installed. She stated that the twin
homes at 6430 and 6432 Starlite Circle have the foundation
installed, framed, and a minimal amount of plumbing has been
completed. She stated that when it was detected there was an error
in construction, the contractor was asked to stop work immediately.
Ms. Dacy stated that the Appeals Commission considered this
variance request on June 1, 1993 and had three options. She stated
that they could approve the variances as requested; deny the
variances and instruct the owner to redesign the units to meet the
ten foot setback requirement; or consider a modified variance
request where a fire wall is constructed within each of the units
to meet the ten foot setback requirement. She stated that in three
of the units there would be a small encroachment into the ten foot
setback area ranging from 8 inches to 1.3 feet. Ms. Dacy stated
that if a fire wall is constructed at 90 degree angles so that the
interior of the unit is physically separated that it meets the
intent of the ordinance. She stated that it is recommended this
fire wall be constructed of 5/8 inch gypsum board and the interior
uld also be
of the wall that has sum board to produce�a doublected d lined
5/8 inch gyp stop to preventspread
of fire.
Ms. Dacy stated that if the fire wall option is pursued, the
Council would be granting variances from 10 feet to 9 feet at
6420 Starlite Circle; from 10 feet to 9.4 feet at 6422 Starlite
Circle; at 6430 Starlite Circle there would be no encroachment
the
because t at 6432 Starlite Cfire wall would ircle,e in ethes encroachment would bes of ten feet away from
lot; and from
10 feet to 8.7 feet.
Ms. Dacy stated that the Appeals Commission recommended denial of
the variances at 6420 and 6422 Starlite Circle on a 3 to 1 vote,
and unanimously recommended denial of the variances at 643 and
roved
6432 Starlite'Circle. She stated that if variances are app
based on the fire wall option, the petitioner should be required
to record deed restrictions stating the fire wall cannot be removed
and is intended for safety purposes.
Ms. Dacy stated -that there is a drainage concern along the common
lot line between 6420 and 6412 Starlite-°Circle She stated on that
particular variance staff recommends a swale to appropriately
drain off to the street.
Councilman Billings stated that the drawings are somewhat accurate,
but not completely precise because there actually would be about
a six inch variance required at 6430 Starlite Circle. He stated
that the City requires a ten foot setback from living space and a
five foot setback for garages. He stated that a garage can be
located within five feet of the lot line, and a home can be located
ki
FRIDLEY CITY COUNCIL MEETING OF JIINE 21r 1993 PAGE 6
within ten feet of the lot line. He stated that homes built with
tuck -under garages have the entire home and garage located within
the ten foot setback. He stated that there are a number of homes,
typically ih the Innsbruck area, where the home is built less than
ten feet from the property line. There is space above the garage,
but it is not living space. He stated that the outside wall of
these buildings are straight up and down and less than ten feet
from the property line but with no living area above the garage.
This is essentially what staff is recommending with the fire wall
in this particular instance.
Councilman Billings stated that by providing the fire wall option,
these twin homes would look similar to other twin homes in the
area. He stated that these homes are built relatively close to the
property line which is the result of the variances granted by the
City in 1982 to Mr. Wellner and Mr. Doty.
Councilman Billings stated that there were a number of persons who
testified at the Appeals Commission meeting that they did not want
twin homes on those sites. He stated that this property is already
zoned R--2 which means twin homes or double bungalows are permitted
on these lots. He stated, therefore, that this is not the issue
this evening.
Councilman Billings stated that the issue before the Council is the
living space inside the building. He stated that in 1982, the
Council chose to grant a number of variances to most of the lots
in this particular plat. He stated that Mr. Wellner and Mr. Doty
were able to convince a prior City Council that there was a
hardship that necessitated a variance. He stated that he is not
exactly sure what the hardships were but probably because of the
odd shape of the lots. He asked if it would be reasonable to
assume that whatever hardships existed in 1982 would also be true
today.
Ms. Dacy stated that the same conditions apply today which is the
unusual shape of the lot.
Councilman Billings stated that, essentially, nothing has really
changed in regard to the lots since 1982. He stated that he
visited the site, and several neighbors approached him. Their
primary concern was that they really did not want twin homes on the
site. He stated that when he advised them this was not the issue
before the Council, and the Council could not prevent the
petitioner from constructing twin homes, they seemed disappointed.
He stated that they pointed out that there is very little
landscaping in the front of the two twin homes that already exist.
He stated that he would like to know if the developer would be
willing to install landscaping between the driveways to improve the
appearance.
FRIDLEY CITY COUNCIL MEETING OF JUNE 21 1993 PAGE 7
Councilman Billings stated that he has tried to determine what kind
of variances he felt were reasonable had the petitioner applied for
the variances prior to any building being done on the site. He
stated that it seems the recommendation from staff as to fire walls
makes sense in relation to other developments in the City and in
terms of the building codes and zoning. He stated that the other
question is if those fire walls should be less than the ninety
degree angles. He stated that in several other cases in the City,
one on McKinley and one on North Danube, there were approvals for
variances for living space that would be six feet away from the
property line.
Councilwoman Jorgenson asked if a drainage plan has been submitted.
Ms. Dacy stated that no drainage plan was submitted, and in this
particular instance, it would not be required.
Councilwoman Jorgenson asked about fire walls in the homes where
variances were granted.
Ms. Dacy stated that the variances granted for the properties on
McKinley and North Danube were within six feet of the property
line. A fire wall is not required by the Uniform Building Code
until a structure is within three feet. She stated that what staff
is recommending is in excess of the code.
Mr. LeVander, attorney representing Bauer Construction, stated that
since Councilman' Billings has described the, history. and
justification for the variances, they probably would have been
granted if the petitioner had come in before construction began.
He stated that variances were granted to Mr. Wellner and Mr. Doty
some time ago for three feet from the garages. He stated that it
is simply the variances for the living space which is now a
problem.
Mr. LeVander stated that the initial variances were modified quite
substantially. He stated that he did not think what is proposed
is substantially different than what Mr. Wellner had submitted when
he suggested in his letter to the City on June 2, 1983 that "each
unit will have a two -car garage with a bedroom above that area."
He felt that the variances would solve the problem, and they would
install fire walls to avoid the spread of fire.
Councilwoman Jorgenson stated that the original variance granted
in 1982 did not allow for living space above the garage. She
stated that the City received a letter from Mr. Wellner a year
later which noted his intent to provide living space above the
garage.
Councilman Billings asked if Mr. Bauer would be willing to install
plantings to improve the appearance.
1.
FRIDLEY CITY COUNCIL MEETING OF JUNE 21, 1993 PAGE 8,
Mr. Bauer stated that he would not have a problem with the t
landscaping.
Councilman Billings asked Mr. Bauer if his company constructed
buildings to maintain ownership and rent them or if they build and
sell the units.
Mr. Bauer stated that they maintain and keep units for rental, as
well as build and sell. He stated that if anyone wished to
purchase one of the units it could be sold.
Mr. LeVander stated that the'deed restrictions referred to by staff
would also be acceptable.
Mr. Wellner, owner of property at 6412, 6421, and 6423 Starlite
Circle, stated that to give some history on these properties, the
two car garages are a result of a compromise with the City because
the neighbors raised concerns about parking.- He stated that this
was agreed upon by the City and the Council person at that time,
Ed Hamernik. He stated that the plans were called A and B. Plan
B was a single car garage, and Plan A came about in order to get
final approval of the plat. -He stated that the buildings had to
be set back farther in order to have the garages located in front.
He stated that the variances were granted after long, detailed
discussions. He stated that he felt it was a mistake that Lot 4
is in preliminary construction.
Mr. Wellner stated that with respect to the letter referred to by
Mr. LeVander regarding living space above the garages, he is not
sure of the context of the letter or that it was written by him.
He stated that this probably has to do with the present buildings
he owns and not with these lots in question. He stated that he is
not sure the letter he submitted was in reference to these lots.
Mr. Wellner stated that the drainage problem on Lot 1 i very
serious. He stated that Mr. Bauer chose to -elevate the building,
and there is a 3.4 foot setback from the corner of the garage to
the property line. He also has to install a three foot sidewalk
along the garage. He stated that Mr. Bauer chose to change the j
grade, and he could have a drainage problem which could make the
lower level unlivable. He stated that this particular lot drains
directly on to his lot. This has to be dealt with and is a severe
problem.
Mr. Wellner stated that if the variances are granted with the fire
wall, he suggested that at no time could anyone come back to the
Council and petition for that area to be living space.
Mayor Nee stated that he recalls the discussion about the garages
and wanting to get cars off the street. He stated that as he looks
back now, the buildings are probably too large for the site.
i
FRIDLEY CITY COUNCIL MEETING OF JANE 21 1993 PAGE 9
Mr. Wellner felt that Lot 5 had to, _be included in the Council's
deliberations. He stated* that the drainage problem_ created -bf-.the
building at,- -642-0-- Circle better be --dealt with in some
fashion. He stated that he is not interested in donating any land
to someone who elevates that building.
Mr. Bauer stated that he hears what Mr. Wellner is saying; however,
the garage floor is twelve inches above his garage floor. He
stated that the cul-de-sac rises six inches above his building.
He felt that the drainage could be handled. He stated that water
in the rear of the building will drain to the north. He stated
that he would have to deal with the water only on the south side,
and this could be accomplished.
Councilman Billings stated that Mr. Wellner has mentioned Lot 5.
He stated that the property owner of this lot has not requested any
variances, and a request has to be before the Council before any
action can be taken. He stated that he would assume if the
property owner for Lot 5 did request variances, and circumstances
being similar to what they are on the other lots, the variances
would be granted if the petitioner felt they were needed. He
stated that in respond to Mr. Wellner's remark, it is his opinion
the City cannot take away a person's right to make a request for
a variance.
Councilman Billings stated that in terms of the drainage, it is his
understanding the drainage problem to which Mr. Wellner refers is
a by-product of two elements; one being the elevation - of the home'
being constructed at 6420 Starlite Circle and the other being -the
closeness of the building -to 'Mr. Wellner's property. He stated
that the garage being 3 or 3-1/2 feet from the property line is a
direct result of the variance granted to Mr. Wellner in 1982. He
stated that the living space above the garage makes no difference,
as the garage is -still that close to the property line as a result
of the variance granted in 1982 to Mr. Wellner. He stated that the
drainage is something Mr. Bauer needs to -_address in terms of his
relationship with Mr. Wellner,.-:Bauer
ellner, but he does note think it is a prime
factor for" -the variance..
Councilwoman Jorgenson asked if a drainage plan is required when
someone adds fill to a property which may cause a drainage problem
to either neighbor.
Ms.-Dacy stated that for a typical home or twin home a drainage
plan would not be required. She stated that nothing has been
submitted to staff which would lead them to believe --there is a
drainage issue involved=: --
Councilwoman Jorgenson asked if the City was aware that fill was
being brought in for this property.
FRIDLEY CITY COUNCIL MEETING OF JUNE 21 1993 PAGE 10
Mr. Wellner stated that the drainage on that particular lot was
below the original elevation. He stated that when you look at the
topography, there is a difference in elevation where this building
is being built and the building he owns on the east side. He
stated that he had the building constructed on the original
elevation and did not have a problem. He stated that the elevation
was created by Mr. Bauer's choice of raising the building. He
stated that he did not believe Mr. Bauer brought in fill but bermed
behind his property. He stated that he did not know why Mr. Bauer
chose to elevate the building and create the drainage problem.
Councilman Billings stated that the drainage problem is not
connected to these variances but the elements of the existing
elevation and the close proximity to the property line is.
Mr. Wellner stated that he would not dispute this fact, and the
setbacks did not cause the problem with the drainage. It was the
elevation of the building.
Mr. Bauer stated that the elevation is twelve inches higher than
the property to the south, and the reason he went with this
elevation is the next lot at 6430 Starlite Circle rises again. He
stated that the lot might have been lower than Mr. Wellner's, but
Mr. Wellner's lot was elevated somewhat. He stated that this
building and the adjacent building were built a little higher in
order to make it look better. He stated that the drainage problem
can be handled. He stated that they probably will need,to makea
different sidewalk with .a step down . off , the driveway to the y'
sidewalk. He stated that he would not -drain any water on -
Mr. Wellner's property.
MOTION by Councilman Billings to grant Variance Request, VAR
#93-09, with the fire wall option, subject to the following
stipulations: (1) a diagonal wall is to be constructed to meet the
10 foot side yard setback requirement, or (2) if a fire wall is
constructed in a 90 degree fashion similar to what is indicated in
the attached plans, the variance for Lot 3A, 6420 Starlite Circle
would be from the required 10 feet to 7.25 feet; for Lot 3B,
6422 Starlite Circle, from the required 10 feet to 7.25 feet; for
Lot 4A, 6430 Starlite Circle from the required 10 feet to 9 feet;
and for Lot 4B, 6432 Starlite Circle from the required 10 feet to
7.25 feet for a living area encroachments; (3) this variance
request acknowledges the existence of a portion of the structures
that are located less than 10 feet from the lot line and, further,
that there are prior variances that have been issued to' these lots;
(4) the wall surface of the fire wall shall be lined with a
5/8 inch gypsum board to face the interior of the unit. Further,
a 5/8 inch gypsum board shall also be placed on the interior of the
existing outside walls; (5) the petitioner, on forms provided by
the City, shall record deed restrictions stipulating that the wall
cannot be removed and is intended for fire safety purposes; and (6)
the petitioner will work with staff to specify and plant
/~
0
FRIDLEY CITY COUNCIL MEETING OF JUNE 21,-1993 PAGE 11
appropriate plantings that will survive between the driveways of
the individual twin homes. Seconded by Councilwoman Jorgenson.
Councilwoman Jorgenson asked if there was anything that could be
done to have Mr. Bauer and Mr. Wellner work together towards the
drainage plan.
Mr. Herrick, City Attorney, stated that he heard'Mr. Bauer say -that
he felt he could resolve the drainage problem._"He stated that''if
he is not successful and there -is a problem or some damages to
Mr. Wellner's property, Mr. Bauer may have some civil liability.
He felt that Mr. Bauer was aware of` -the concern. He stated -that
he did not know if there is anything the City can do to require the
cooperation of the two persons. He assumes they would try to work
out a mutual agreement. He stated that if there is a problem, the
question is if one of the owners developed the property in an
unreasonable fashion.
Councilwoman Jorgenson felt that it may be prudent to attach
another stipulation to include a drainage plan to show the drainage
of the property to make sure it would not affect Mr. Wellner's
property_
MOTION by Councilwoman Jorgenson to add stipulation No. 7 as
follows: (7) that a drainage plan be provided to staff prior to
July 1, 1993 on the parcel at 6420 Starlite Circle. Seconded by
councilman Billings. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and
Mayor Nee declared the motion carried unanimously.
3. RECEIVE ITEMS
1993•
A. VARIANCE REO
MILLIGAN, TO F
25 FEET TO 10
SET
Ms. Dacy, Community Development Direc , stated that this is a
request to reduce the side yard s ack on a corner lot from
25 feet to 10 feet to allow cons ction of a three car garage.
She stated that the Appeals Co ssion recommended a 17-1/2 foot
setback rather than a 10 foot etback with four stipulations which
she outlined.
MOTION by Councilman., -"'Billings to concur with the unanimous
recommendationof e Appeals Commission and grant Variance
Request, VAR # -10, with the following stipulations: (1)
replacement of he existing driveway curb cut with B618 concrete
curb and ter; (2) removal of the existing driveway; (3)
FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY. MN 55432 • (612) 571-3450 . FAX (612) 571-1287
CITY COUNCIL
ACTION TAKEN NOTICE
Walter Bauer
4324 Lake Point Court
Shoreview, MN 55126
June 28, 1993
Dear Mr. Bauer:
On June 21, 1993, the Fridley City Council officially approved your
request for a Variance, VAR #93-09, to reduce the setback between
the living area and the side lot line on:
A. Lot 3A (6420 Starlite Circle) - 10 feet to 7.25 feet.
B.. Lot 3B (6422 Starlite Circle) - 10.feet to 7.25 feet.
C. Lot 4A (6430 Starlite Circle) - 10 feet to 9 feet.
D. Lot 4B (6432 Starlite Circle) - 10 feet to 7.25 feet.
This approval is to allow the construction of two new two-family
dwellings, contingent upon the following stipulations:
1. A diagonal wall is to be constructed to meet the 10 foot side
yard setback requirement, or
2. If a fire wall is constructed in a 90 degree fashion similar
to what is indicated in the attached plans, the variance for
Lot 3A, 6420 Starlite Circle, would be from the required 10
feet to 7.25 feet; for Lot 313, 6422 Starlite Circle, from the
required 10 feet to 7.25 feet; for Lot 4A, 6430 Starlite
Circle, from the required 10 feet to 9 feet; and for Lot 4B,
6432 Starlite Circle, from the required 10 feet to 7.25 feet
for a living area encroachment.
3. This variance request acknowledges the existence of a portion
of the structure that are located less than 10 feet from the
lot line and, further, that there are prior variances that
have been issued to these lots.
Walter Bauer, VAR #93-09
June 28, 1993
Page 2
4. The wall surface of the fire wall shall be lined with a 5/8
inch gypsum board to face the interior of the unit. Further,
a 5/8 inch gypsum board shall also be placed on the interior
of the existing outside walls.
5. The petitioner, on forms provided by the City, shall record
deed restrictions stipulating that the wall cannot be removed
and is intended for fire safety purposes.
6. The petitioner will work with staff to specify and plant
appropriate plantings that will survive between the driveways
of the individual twin homes.
7. A drainage plan be provided to staff prior to July 1, 1993 on
the parcel at 6420 Starlite Circle.
You have one year from the date of City Council action to initiate
construction. If you cannot begin construction in time, you must
submit a letter requesting an extension at least three weeks prior
to the expiration date.
If you have any questions regarding the above action, please call
me at 572-3590.
Sincerely,
Barbara .Dacy, AICP
Community Development Director
BD/dn
Please review the above, sign the statement below and return one
copy to the City of Fridley Planning Department by July 12, 1993.
Concur with action taken
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