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VAR 03.75City of Fridley r AT THE TOP OF THE TWINS i`, COMMUNITY DEVELOPMENT DIV. r PROTECTIVE INSPECTION SEC. CITY HALL FRIDLEY 55432 ,'j 612-560-3450 SUBJECT APPLICATION TO BOARD ^ OF APPEALS NUMBER 910-F23 REV. 1 DATE 3/21/75. PAGE .1 OF ,2 APPROVED BY 800 Name Address Phone Legal Description Lot No. Block No. Tr ct or Addn. sc-, Variance Request(s); including stated hardships (attach plat or survey of property showing building, variances, etc., where applicable) 03 Date Meeting Date Jt'cA"5— Fee Receipt No. Signature Comments & Recommendations by the Board of Appeals, City Council Action and Date City of Fridley SUBJECT APPLICATION TO BOARD OF APPEALS AT THE TOP OF THE TWINS f COMMUNITY DEVELOPMENT DIV. L (Staff Report) r PROTECTIVE INSPECTION SEC. 1 � � CITY HALL FRIDLEY 55432 NUMBER REV. PAGE OF APPROVED BY 612-560-3450 910-F23 1 [DATE 3/21/.5 2 2 800 Staff Comments Board members notified of meeting by J-/, / 9' ..i List members, date notified, and "Yes" or "No" for plans to attend hearing. Plan Date To Attend Name RAJ 1 e vti- / CSW VEL-�I.J-L�'J Pearson making appeal and th' following property owners havd g property within 200 feet notified: By Whom Name Date Phone or Mail Notified y -,7J' - ata s� ��. DW - �� S- 7S- i- - i-- ,5 s, -qP /- 5 7i .3"• 9-73 �� N v OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE BOARD OF APPEALS TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN THAT the Board of Appeals of the City of Fridley will meet in the Council Chamber of the City Hall at 7:30 P.M. on Tuesday, June 10, 1975 to consider the following matter: A request for a variance of Section 205.153, 2, Fridley City Code, to reduce the average front yard setback from 67 feet to 31 feet to allow the construction of a garage and breezeway to be added onto the front of the existing dwelling located on Lot 1, Block 1, Stinson Boulevard Addition, the same being 7540 Stinson Boulevard N.E., Fridley, Minnesota. (Request by Mr. Marlen Miller, 7540 Stinson Boulevard 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 Page 6 Tho Minutes of the Board of Appeals Subcommittee Meeting of June 10, 1975 MOTION by Plemel, seconded by Gabel,.to close the public hearing. Upon a voice vote, there being no nays, the motion carried. MOTION by Gabel, seconded by Premel, to recommend to the City Council approval of this variance. Upon a voice vote, there being no nays, the motion carried. 2. A REQUEST FOR A VARIANCE OF SECTION205.153, 2, FRIDLEY CITY CODE TO REDUCE THE AVERAGE FRONT YARD SETBACK FROM 67 FEET TO 31 FEET TO ALLOW THE CONSTRUCTION OF A GARAGE AND BREEZEWAY TO BE ADDED ONTO THE FRONT OF THE EXISTING NIELLING LOCATED ON LO1" 1, K 7 , STINSON BOULEVARD ADDITION, THE SAME BEING 7 -STINSON BO N.E., FRIDLEY, MINNESOTA. REQUEST BY MR. 4ARLEN MILLER, 7540 'STINSON BOULEVARD N.E., FRIDLEY, MINNESOTA MOTION by Gabel, seconded by Plemel, to waive reading the public hearing notice. Upon a voice vote, there being no nays, -the motion carried. Mr. Marlen Miller was present to present his request. Chairman Drigans asked why he wanted to build such a large addition to'his existing garage. Mr. Miller stated that he needed 30 feet for this addition so.he could pursue his hobby, which is carpentry, and use it for a workshop. Chairman Drigans asked what he proposed to do with the existing garage. He stated that he would use it for his +work shop. Chairman Drigans asked if there was a house on the other lot that didn't belong to him. He replied that there wasn't. He was also asked what was located to the south of his property. He stated, nothing. Also who lived in the house located to the north of his property. He replied Dennis Schroeder, wild had signed an agreement stating that he had no objection to this proposed construction. Premel asked about this area. Mr. Mattson explained that the ar'ea' had been replatted. There were originally two lots of 120 foot frontage. These were divided up into*three lots of 80 foot frontage. Mr. Miller was asked how many feet from -the back of his house to the north. He replied 35 or 40 feet. Mrs. Gabel asked Mr. Miller if he ever considered adding onto the back instead of the front. He said he had but there wouldn't be enough room, only 10 feet. Chairman Drigans asked why he wanted to place the garage this way, and why not turn the garage around the other way, then he wouldn't . have to have a variance. Mr. Miller stated that the houses are set back 70 feet plus. Mr. Mattson stated that in case of large set- backs of this nature, the setback is determined by averaging the setback of houses on either side allowing plus or minus 6 feet. Page 3 6 A The Minutes of the Board of Appeals Subcommittee Meeting of June 10, 1975 Chairman Drigans asked if he.talked to his neighbors regarding his intentions. There were no objections. Chairman Drigans asked why Mr. Miller had only Mr. Schroeder sign the release. Mr. Mattson replied that would be the property they would be encroaching on. It is the concern of the neighbor closest to the structure that is proposed that is affected by this matter. Chairman Drigans asked. Mr. Miller if he intendad to use his existing garage as a workshop and he answered, yes. Discussion followed as to location of front door and driveway. MOTION by Premel, seconded by Mrs. Gabel, to close public hearing. .Upon a voice vote, there being no nays, the motion carried. Mr. Plemel stated that if one neighbor objected, he would have some second thoughts on this variance. Mrs. Gabel stated that she wasn't sure that she would approve this variance in an area where all of the houses were placed back so far. Chairman Drigans stated that he wants a.double. garage and he has no other place to put it but in the front yard. He would go along with the request as long as Mr. Miller uses his existing garage as a hobby { shop and not as a form of employment or for commercial purposes. Also it should be covered with the same material as his house. MOTION by Premel, seconded by Mrs. Gabel, to recommend to the City Council, to grant the variance in this case from 67' to 31 feet to allow construction of an addition to garage and a breezeway, with. the stipulation that the garage be of the -same material as that of the house and to have it blend in as wellias.possible. Chairman Drigans specified that it is the requirement of the City Code to have the driveway hard -surfaced. 3. A REQUEST FOR VARIANCES OF THE FRIOLEY CITY CODE AS FOLLOWS: SEC. 205.063, 4A, TO REDUCE THE AVERAGE FRONT YARD SETBACK FROM 35 FEET TO 20.5 FEET, SECTION 205.055, 2, TO REDUCE THE NUMBER OF THREE STALLS TO T140 STALLS, ALL TO ALLO:d THE CONSTRUCTION OF TEN DOUBLE GARAGES TO BE LOCATED AT THE FOLLOWING LOCATIONS: LOTS 11, 12, 14, 15, 16, 17, 18, 20, 21, 22, BLOCS: 2, NAGEL'S UWDLA;DS ADDITION, THE SAME BEING 7463-7465 ABLE STREET N.E. 7447-7449, 7417-7419, 7401-7403, 7379-7381, 7365-7367, 7349-7351, 7325-7327, 7313-7315, 7301-7303 ABLE STREET N.E., (REQUEST BY PORTFOLIO REALTY, INCORPORATED, 2469 UNIVERSITY AVENUE, ST. PAUL,.MINN ESOTA 55114. MOTION by Chairman Drigans, seconded by Mrs. Gabel, to waive reading the public hearing notice. Upon a voice vote, there being no nays, the motion carried. WILLIAM D. SCHOELL REGISTERED CIVIL ENGINEER MINN. NQ. 2268 SO, OAK 793 WIS. NO. E-6176 FLORIDA NO. 6271 NO. OAK. 623 MONT. NO. ISI6•E 0 SCHOELL and MADSON ENGINEERS AND SURVEYORS 2629 LOUISIANA AVENUE MINNEAPOLIS 26. MINN. WEST 9.0444 CERTIFICATE OF SURVEY FORI R. t D E N G EE T H E Il / - - • ♦ / • r • - I �r I • I • I -3 I Zai I • *.-p-. • - _Q O r - CI N � I azi � 1 I 1 ev IPei 1 3m- 'I �x• I ° I % i 62-IISO I CARLISLE MAI REGISTERED LAND S MINN. NO. 431 6 B SO. OAK. 741 WIS. NO. S•67.-. IOWA NO. 3TOS NO. OAK. 1109 MONT. NO. 1742-S • 1 e • / / I • • I I 1 • 9 I1 __ •` - may. __ _ - - - -= _ - -._ _ _ --- 2q - W- 0= Denotes Iron Monuments WE HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT REPRESENTATION OF A SURVEY OF THE BOUNDARIES OF: Lot 11 Block 1 Sprinj lake Parks lakeside (Anoka County) Minn.) AND OF THE LOCATION OF ALL BUILDINGS. IF ANY. THEREON. AND ALL VISIBLE ENCROACHMENTS. IF ANY. FROM OR ON SAID LAND. �•• AS SURVEYED BY US THIS �J t DAY OF Ot'fod�r 19� LAND SURVEYOR. MINN. REG. NO. 4374 AGREEMENT I� AWN 1-S C9 POS �Dt�Q , owner of the property located at 9S -(b r, /✓iS j �N� �,v have no objection to the City allowing the construction of a to be located at Alt .S %/,V sa A/ without the required certificate of survey that the City ordinarily requires for all new construction. Signature 7' -aa Iy e-%/NgcA,,, Address 02 J 9 7 Date W' ness 6C 0 256 REGULAR COUNCIL MEETING OF JUNE 16, 1975 PAGE 15 The Public Works Director said the Board of Appeals had recommended.approval.of the request for the variances to construct the greenhouse. MOTION by Councilman Starwalt to approve the requests for the variances as requested by Mr. Thomas Miles for 1370 Rice Creek Road to construct a greenhouse. Seconded by Councilman Fitzpatrick. Upon.a voice vote, all voting aye, Mayor Nee declared the motion carried -unanimously. A REQUEST FOR A VARIANCE OF SECTION 205.053, 1B, FRIDLEY CITY CODE, TO REDUCE THE MINIMUM LOT AREA REQUIRED, ON A LOT RECORDED BEFORE. DECEMBER 29, 1955, FR M 7500 SQUARE FEET TO 5500 SQUARE FEET, TO ALLOW THE CONSTTION OF A DWELLING TO BE RUC LOCATED ON LOTS 49 AND 50, BLOCK T, RIVERVIEW HEIGHTS, THE SAME BEING 628 GLENCOE STREET N. E., FRIDLEY, MINNESOTA REQUEST BY TRI -CO BUILDERS, 7555 VPN BUREN STREET N. E., FRIDLEY, MINNLJUTA): The Public Works Director said this request was acted on at the previous meeting of the Council. Mayor Nee asked if the plat is -ready to file on the residential property. Mr. Wall answered tht the plat is ready to file but he was a little reluctant to file it until approval of the funding for the apartment complex. Mr. Wall mentioned he had talked to the people at F. H. A. that day and they had indicated that the process would only be a few more days. He said•they said the firm commitment would be available in a short period of time and he did not know chat the commitment would be. He said he should be ready to determine within the next few weeks. MOTION by Councilman Breider to continue the approval of the variances as requested by the Wall Corporation. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared.the motion carried unanimously. MOTION by Councilman Breider to approve the minutes of the Board of Appeals Subcommittee meeting of May 27, 1975. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING THE MINUTES OF THE BOARD OF APPEALS SUBCOMMITTEE MEETING OF JUNE 10, 1975: A REQUEST FOR A VARIANCE OF SECTION 205.053, 4A, FRIDLEY CITY CODE TO REDUCE THE AVERAGE ... . • �. �TnnrTrnnn[ 11 CTN�I F FAM TI Y KtKKT •l lKk.Lt, FR1ULI-1, -. - N. E., FRIDLEY, MINNE IA): The Public Works Director explained that the Board of Appeals had recommended approval of the request. He indicated Mr. O'Bannon was presdnt to answer any questions. MOTION by Councilman Breider to approve the variance for 1410 Kerry Circle as requested by Mr. Mike O'Bannon. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. A REQUEST FOR A VARIANCE OF SECTION 205.153, 2, FRIDLEY CITY CODE TO REDUCE THE AVERAGE l FRONT YARD SETBACK FROM 67 FEET TO 31 FEET TO ALLOW THE CONSTRUCTION OF A GARAGE AND B_Gr� IS WE N L C TED N , BL CK 1, TTNenN RnULFVAKD N. E., FRIDLEY, MINNLJUTA. kKtLjUtJl DT nK: Vnf%L-a\--- MINNESOTA : The Public Works Director explained the location of the proposed construction in relation to the lot and existing dwelling. He said there is a drawing of the proposed construction on Page 14-F of the Council agenda. He indicated Mr. Miller was present. I I 257 PAGE 16 REGULAR COUNCIL MEETING OF JUNE 16, 1975 Councilman Starwalt said he was not able to get out and look at the property and he really could not pass judgement -on the request. Mrs. Marlen Miller explained the home to be a rambler and they were planning to construct the addition that would make the dwelling an "L" shape rambler. She explained that this would be the only way that a double garage could be constructed on the property. She further commented that the area property owners had no objections to the request. Mayor Nee asked if the applicants could place the construction in the back of the existing home. Mr. Miller said there is only 40 feet in the back at the present time. He said there would be -room for only one driveway unless the existing garage would be removed. MOTION by Councilman Starwalt to continue the request for the variance by Mr. Marlen Miller until the July 7, 1975 meeting of the Council. Seconded by Councilman Fitzpatrick Mayor Fie said as it apprears to him, there had not been any objections to the cons- struction from the neighborhood. He explained that he would not support this in his area and questioned if some agreement should not be obtained in writting from the abutting property owners. UPON A VOICE VOTE, ALL voting aye, Mayor Nee declared the motion carried unanimously. FOR VARIANCES OF THE FRIDLEY CITY CODE AS FOLLOWS: SECTION 205.063 -/447, /41/-/'.17, /4V1 - ii G 7Zni-7ini ARI F CT LIO The Public Works Director said the Board of Appeals had recommended.approval of the request. He called the Council's attention to page 14-G of the agenda booklet. A representative of Portfolio Realty indicated that he was trying to organize the area and there was no place set aside for garages. Councilman Breider asked if there was a request for fencing between the garages. The representative explained that he would go along with the three foot setback. He explained there was some concern that trash would gather in between the two cons- tructions. Councilman Breider said he believed the construction of the garages'would make a real difference to the area. Councilman Breider suggested checking of the area to insure that there is no garbage in between the garages. MOTION by Councilman Breider to concur with the recommendation of the Board of Appeals and approve the request for the variances as requested by Portfolio Realty. Seconded by.Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Starwalt to receive the minutes of the Board of Appeals Meeting of June 10,,1975. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING THE MINUTES OF THE ENVIRONMENTAL QUALITY COMMISSION MEETING OF MAY 27, 1975: MOTION by Councilman Breider to receive the minutes of the Environmental Quality Commission meeting of May,27, 1975. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF A REQUEST TO BUILD RESIDENTIAL GARAGE IN EXISITNG COMMERCIAL ZONED PROPERTY BY ALBERT CAMPBELL, 5840 3RD STREET: The Public Works Director explained that this item had been brought to the Council to indicate acknowledgement on the part of the property owner that this is a non -conforming and inconsistant use in relation to the way the property is zoned. He said if the Council accepts Mr. Campbell's acknowledgement, the building permit can be granted. Councilman Fitzpatrick said he had no questions if this was the wish of the property owner. 272 REGULAR COUNCIL MEETING OF JULY 7, 1975 Page 4 CE NO. 587 AN ORDINANCE FOR VACATION REQUESTBY MACHINING, INC. _. •rnnrvc The Public Works Director explained the area and pointed.out the area on the map on the screen. He said the Planning Commission at their May 21, 1975 meeting recommended approval of the request with a number of stip- ulations, and he read the suggested stipulations to the Council and audience. He said. there was no one present to voice any objections at the public hearing held by the Planning Commission, and there were no objections at the public hearing held by the City Council. He recommended it would be in order to adopt the ordinance on second reading and order publication. MOTION by Councilman Fitzpatrick'to waive the second reading of the ordinance and adopt Ordinance #587 on second reading to vacate the alley between Ashton Avenue and .the. Railroad tracks and between Liberty Street and Longfellow Street as requested by Machining Inc. Seconded by Councilwoman Kukowski. Upon a voice vote, -all voting aye, Mayor Nee declared the motion carried unanimously. ORDINANCE NO 588 - AN ORDINANCE FOR VACATION REQUEST BY -NORTH SUBURBAN LOCATED NORTH AND WEST OF UNITY HOSPITAL: The Public Works Director explained the area on the map and commented that this was done in cooperation between the City.of Fridley and the North Suburban Hospital District in conjunction with a lease of property for park purposes by the City. He said the Planning Commission recommended approval of the.request with the stipulation that the City work with the hospital to eliminate the possibility of the property owner in the area receiving any assessments. He said he had talked to people from the hospital, and they were in agreement with the proposal, and the curb would be constructed and also the area restored. MOTION by Councilman Breider to waive the second reading of the ordinance and adopt the Ordinance No. 588 on second reaping with the stipulations recommended by the Planning Commission. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF FIRST READING OF AN ORDINANCE FOR REZONING REQUEST BY AVENUE N.E. (TABLED 6/16/7b): .The City Manager explained that the representative for Mr. Povlitzk. would not be available until later in the evening, and asked that the item be tabled until that time. Mayor Nee asked if anyone was present to discuss the item, and there was no.response. MOTION by'Councilman Starwalt to table the consideration until later in the meeting. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. REQUEST FOR EXTENSION OF TIME FOR RESERVING LI UOR LICENSE FOR MAX SALITERMAN FOR KING'S CHALET, INC. TABLED 6/16/75 . MOTION by Councilman Fitzpatrick to table the consideration of the request for the extension of time for reserving liquor license for Max Saliterman for the King's Chalet until their representative is present at the meeting. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION T FOR VARIANCE IN FRONT YARD SETBACK BY MARLEN MTLLER,_ 4U STINSON BOULEV7CRi1� TABLED G 6/5 cant had contacted The Public Works Director` pointed out that the appli 271 REGULAR COUNCIL MEETING OF JULY 7, 1975 Page 3 He also questioned if the Council would issue permits to the civic or* service organizations in the City.. He mentioned the desires of the Council should correspond to the requirements of th-e ordinance. The Public Safety Director explained that in 1970 there was a letter received from Anoka County concerning this type of ordinance, but any further action on this had been dropped because of lack of concern. Councilman Starwalt said there was considerable discussion on the first reading of the ordinance, and he thought that it would be brought back in a changed form. Mayor Nee said he saw no problems in the second subdivision. The City Attorney asked if it was the Council's intent that the permits be issued by the City Council. Mayor -Nee said this had only been discussed. The City Attorney questioned if this should not be done by the City Manager or a person designated by the City Manager. He mentioned that Mr. Hill brought up good point concerning the neighborhoods and questioned what would happen if the Council or Administration was contended to be discriminatory. Mayor Nee asked who would challenge this process. The City attorney answered,. probably no one. The City Manager said that the'administration would do what the Council wanted. He mentioned that the current use of .the park facilities in this fashion is illegal and he said this is a recurring activity each year. The City Manager said he would prefer it if the permits were held at the City Council level. He mentioned it would be better if all licenses and permits are handled by the City Council. He mentioned if the activity were to be coming up too soon for the Council to handle the request, the doings could be held in Locke Park. He mentioned the conditions of vegetation and the large area would be more acceptable for this type of usage. He also mentioned that the ordinance could be adjusted in the future to fit the changing needs of the community. The City Manager said the existing ordinance completely prohibits this use in the City parks. The City Attorney stated he felt the proposed ordinances to be better than .the existing ordinances. Councilman Starwalt asked if this meant in both the legal and•policing.activ-ites,and the City Attorney said yes. The Public Safety Director said his only problems would be in subdivision No. 2. Councilman Breider questioned the provision concerning neighborhood parks. Councilwoman Kukowski said she would rather see the people come to the City Council because the members of the Council are closer to the neighbor- hood situations. Councilman Breider asked about the time factor involved, in this type of Council approval. Councilwoman Kukowski said if there is not time, the people can hold their doings in Locke Park. The City Attorney asked -if the area civic and service groups would go to Locke Park'for their activities. Councilwoman Kukowski said she believed that the Civic organizations go to Locke Park. Mayor Nee said this would also be true of the neighborhood groups. He \ said he felt this provision for neighborhood parties in the parks was good for the City of Fridley. UPON A VOICE VOTE, all voting aye, Mayor Nee declared the motion carried unanimously. , MOTION by Councilman Starwalt to adopt the first reading of the ordinance to amend Chapter 507 of the City Code relating to Municipal Bathing Beaches and waive the reading. Seconded by Councilman Fitzpatrick. -Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. i CONSIDERATION OF VARIANCE REQUEST.(cont.) , him and would like this item tabled indefinitely. MOTION by Councilman Starwalt to table the consideration of the request for a variance in 'front yard setback by Marl.en Miller indefinitely. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, -Mayor Kee declared the motion carried unanimously. CONSIDERATION OF WAIVING FEE FOR MUSCULAR DYSTROPHY CARNIVAL (TABLED 6/16/75) Councilman Starwalt said he had asked that this -item be brought back, and he added, he -thought it should be granted. MOTION by Councilman Starwalt to waive the fee for deposit -for the Muscular Dystrophy Carnival. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. The Finance Director, Mr. Marvin Brunsell, asked if the consideration of the waiving of the fee for -the beer license had to be acted on by the Council. Councilman Starwalt questioned if this was to be withdrawn. A representative ' of the group said he would like to withdraw the request; they had decided not to have a beer truck. NEW BUSINESS: CONSIDERATION OF REQUEST BY SPRINGBROOK NATURE CENTER FOUNDATION FOR CITY APPLICATION -FUR LAWCON FUNDS FOR NORTH PARK: The City Manager explained that Dr. Trezona, Chairman of the Foundation,. would not be in attendance at the meeting until later'in the evening. MOTION by Councilman Fitzpatrick to table the request for the consideration of the request by Springbrook Nature Center Foundation until later in the meeting. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor .Nee declared. the motion carried unanimously. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF JUNE 25, 1975: 'The Public Works Director explained that the Planning Commission recommended denial of the request. He said this would require outside display area, and there had been quite a bit of objection to the request. Mr. C.E. Gilbert addressed the Council and said the request was not for Lot 5. This was for the use of the empty lot between Skywood Mall and the car wash. The Public Works Director said he had tried to contact Mr. Mortenson to determine if this would be agreeable to him and the other tenants in the complex, but he was not in attendance at the meeting. Mr. Gilbert said this operation would be conducted outside on Saturday. He explained that this activity. is being conducted on the inside of the Skywood Mall at the present time. Councilman Fitzpatrick asked if the area is paved. Mr. Gilbert said the';. area is mostly weeds and gravel. i Councilman Starwalt said he had talked to some people -and had read the minutes of the -Planning Commission meeting, and he has the opinion that the City is really not ready for this. He said there had not been any 274 REGULAR COUNCIL MEETING OF JULY 7, 1975 PAGE 6 problems with conducting the flea market inside the building. He said he would be inclined to move for the. -denial of the request and said this' would not eliminate the possibility of the applicant making this request again in the future. Councilman Starwalt said the City staff has been trying to clean up this area, and he felt this type of activity.would infringe on this cleanup operation. Councilman Starwalt mentioned there would be problems with weather and many other elements. MOTION by Councilman Starwalt to deny the request for the Special Use Permit as requested by Mr. C.E. Gilbert. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF A VACATION REQUESTSAV #75-04, BY LEONARD BENSON: ..._.__ .. 11— n.. ry rnl el nry A• eDDTNr RR(1nK PARK ADDITION. LOCATED AND FENCES WG.LD NOT HAVE TO BE REMOVED FROM THIS ALLEY: Mr. Craig M. Mertz, Attorney for Mr. and Mrs. Leonard Benson, Mr. and• Mrs. James Roberts, Mr. and Mrs. Charles Floer, and Mr. and Mrs. Marvin B.reiland, all of whom own property on Block 4, Spring Brook Park Addition addressed the Council. Mr. Mertz said there is a problem with the minutes from the Planning Commission Meeting of June 25, 1975. He requested that this item be referred back to the Planning Commission for modification of the minutes before the Council receives them. Mr. Mertz said he represented the petitioner and several other property owners and they did not believe the minutes reflected the facts as they were mentioned at the meeting. He also requested that the Council set the Public Hearing at this time. Mayor Nee said the Council could set the public hearing. He mentioned the statements either added or changed would not change the vote of the Planning Commission in their consideration of this item. MOTION by Councilman Fitzpatrick to receive the communication from Mr. Craig Mertz -dated July 7, 1975 and send the communication on to the Planning Commission.., Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared.the motion carried unanimously. MOTION by Councilman Fittpatrick to set the public hearing on the matter of the vacation of the alley as requested by Mr. Benson for August 11, 1975. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF A VACATION REQUEST:• SAV #75=05, BY RICHARD KOK: TO REDU There was no action necessary at this time. CONSIDERATION OF A VACATION REQUEST, SAV #75-06, BY MICHAEL MCFA SAME BEINU yfb 041" WAT IV.C.: MOTION by Councilman Breider to set *the public hearing for August'11, 1975. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. LOT SPLIT REQUEST, L.S. #75-02, BY RICHARD JANKE: TO ALLOW LOT 11, ^ nixULV1 1\1VL 1.114.x.1\ I"IN INUv The Public Works Director pointed out the area on the map on the overhead screen and explained how the fence and some landscaping construction had been placed ina pie shaped parcel of property which was the property I I I Il I I 11 I I F I L' I I I WILLIAM D. SCHOELL REGISTERED CIVIL ENGINEER S C H O E L L and M A D S O N MINN. NO 2266 ENGINEERS AND SURVEYORS so. OAK 766 2829 LOUISIANA AVENUE _ Wis. NO. E-6176 MINNEAPOLIS 26. MINN. FLORIDA NO. 6271 WEST 9.0444 NO, OAK. 623 MOST. NO. 1816-a CERTIFICATE OF SURVEY FOR -MR. * � ENG BETHER. 62-zlio 14.23 CARLISLE MADSON REGISTERED LAND SURVEYOR MINN. NO. 4 -. SO. OAK. 7 1 F WIS. NO. S. 1 IOW4 NO. 3709 NO. OAK. LtO6 MONT. NO. 1742.9 Board of App e is Item #2 441 1 O: Denotes Iron Monuments 10 Suusok WE HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT REPRESENTATION OF A SURVEY OF THE BOUNDARIES OF: Lof 1, Bock I, Spriq Lake Park Lakeside (Anoka Countq, Minn AND OF THE LOCATION OF ALL BUILDINGS. IF ANY. THEREON. AND ALL VISIBLE ENCROACHMENTS. IF ANY. FROM OR ON SAID LAND. 26�4c /9 AS SURVEYED BY US THIS DAY OF O['fod�r 19. ras LAND SURVEYOR. MINN. REG. NO. 4374 • O. Q 9. • ♦ !` i _ \ _ ••�• ... M-31 1' �•� O: Denotes Iron Monuments 10 Suusok WE HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT REPRESENTATION OF A SURVEY OF THE BOUNDARIES OF: Lof 1, Bock I, Spriq Lake Park Lakeside (Anoka Countq, Minn AND OF THE LOCATION OF ALL BUILDINGS. IF ANY. THEREON. AND ALL VISIBLE ENCROACHMENTS. IF ANY. FROM OR ON SAID LAND. 26�4c /9 AS SURVEYED BY US THIS DAY OF O['fod�r 19. ras LAND SURVEYOR. MINN. REG. NO. 4374 P THE MINUTES OF THE BOARD OF APPEALS SUBCOMMITTEE MEETING OF JUNE 10, 1975 The meeting was called to order by Chairman Drigans at 7:35 P.M. MEMBERS PRESENT: Drigans, Gabel, Plemel, Kemper MEMBERS ABSENT: Crowder, Wahlberg OTHERS PRESENT: Howard Mattson, Engineering Aide The approval of the May 27, 1975 minutes was waived until the next meeting. 1. A REQUEST FOR A VARIANCE OF SECTION 205.053, 4A, FRIDLEY CITY COD TO REDUCE THE AVERAGE FRONT YARD SETBACK FROM 35 FEET TO 10 FEET TO ALLOW THE CONSTRUCTION OF A SINGLE FAMILY DWELLING. LOCATED ON • % 1\L l(VLJ 1 U 1 VJ1%. ET N.E., FRIDLEY, MINNESOTA. MOTION by Gabel, seconded by Plemel, to waive reading the public* hearing notice. Upon a voice vote, there being no nays, the motion carried. MOTION by Gabel, seconded by Plemel, to open the public hearing. Upon a voice vote, there being no nays, the motion carried. Mr. Mike o"Bannon was present to present his request. He stated that :because of the location of the lot, which is in.an area where the grade of the lot falls away so fast with the variances, that it would be a hardship to place a structure on it. He said he will still need 2 feet of fill for a walk -out basement. He also moved the cul-de-sac 10 feet to the north, which causes a very "large boulevard of 29 feet. Chairman Drigans asked Mr. O'Bannon whether or not the cul-de-sac was in, and he replied that it was roughed in. Chairman Drigans asked if any other lots were sold and Mr. O'Bannon replied that one lot was sold, and no other houses were built on the rest of them. One lot belongs to someone else, and that party deeded certain land to the city, at which time he also deeded a lot. Chairman Drigans asked if there were any other problems with these lots. He replied, none at all. There was one house built in this area and Mr. O'Bannon pointed it out on the map. He also pointed out that the lots he owns in this area are not for sale. Pictures were presented that were taken from the back side of the proposed house, showing how far back it was because of the incline, probably a drop of 20 feet. Fie said he would still have to put 30" of fill in just to have the house level with the lot. Chairman Drigans asked if there were any objections. There were none. Page 2 The Minutes of the Board of Appeals Subcommittee Meeting of June 10, 1975 MOTION by Plemel, seconded by Gabel, to close the public hearing. Upon a voice vote, there being no nays, the motion carried. MOTION by Gabel, seconded by Premel, to recommend to the City Council approval of this variance. Upon a voice vote, there being no nays, the motion carried. 2. A REQUEST FOR A VARIANCE OF SECTION 205.153, 2, FRIDLEY CITY CODE TO REDUCE THE AVERAGE FRONT YARD SETBACK FROM 67 FEET TO 31 FEET TO ALLOW THE CONSTRUCTION OF A GARAGE AND BREEZEWAY TO BE ADDED ONTO THE FRONT OF THE EXISTING DWELLING LOCATED ON LOT 1, BLOCK 1 STINSON BOULEVARD ADDITION, THE SAME BEING 7540 STINSON BOULEVARD N.E., FRIDLEY, MINNESOTA. REQUEST BY MR. MARLEN MILLER, 7540 STINSON BOULEVARD N.E., FRIDLEY, MINNESOTA. MOTION by Gabel, seconded by Plemel, to waive reading the public hearing notice. Upon a voice vote, there being no nays, the motion carried. Mr. Marlen MiTler was present to present his request. Chairman Drigans asked why he wanted to build such a large addition to -his existing garage. Mr. Miller stated that he needed 30 feet for this addition so he could pursue his hobby, which is carpentry, and use it for a workshop. Chairman Drigans asked what he proposed to do with the existing garage. He stated that he would use it for his work- shop. Chairman Drigans asked if there was a house on the other lot that didn't belong to him. He replied that there wasn't. He was also asked what was located to the south of his property. He stated, nothing. Also who lived in the house located to the north of his property. He replied Dennis Schroeder, who had signed an agreement stating that he had no objection to this proposed construction. Premel asked about this area. Mr. Mattson explained that the area had been replatted. There were originally two lots of 120 foot frontage. These were divided up into three lots of 80 foot frontage. Mr. Miller was asked how many feet from the back of his house to the north. He replied 35 or 40 feet. Mrs. Gabel asked Mr. Miller if he ever considered adding onto the back instead of the front. He said he had but there wouldn't be enough room, only 10 feet. Chairman Drigans asked why he wanted to place the garage this way, and why not turn the garage around the other way, then he wouldn't have to have a variance. Mr. Miller stated that the houses are set back 70 feet plus. Mr. Mattson stated that in case of large set- backs of this nature, the setback is determined by averaging the setback of houses on either side allowing plus or minus 6 feet. Page 3 The Minutes of the Board of Appeals Subcommittee Meeting of June 10, 1975 Chairman Drigans asked if he talked to his neighbors regarding his intentions. There were no objections. Chairman Drigans asked why Mr. Miller had only Mr. Schroeder sign the release. Mr. Mattson replied that would be the property they would be'encroaching on. It is the concern of the neighbor closest to the structure that is proposed that is affected by this matter. Chairman Drigans asked Mr. Miller if he intended to use his existing garage as a workshop and he answered, yes. Discussion followed as to location of front door and driveway. MOTION by Premel, seconded by Mrs. Gabel, to close public hearing. Upon a voice vote, there being no nays, the motion carried. Mr. Plemel stated that if one neighbor objected, he would have some second thoughts on this variance. Mrs. Gabel stated that.she wasn't sure that she would approve this variance in an area where all of the houses were placed back so far. Chairman Drigans stated that he wants a double garage and he has no other place to put it but in the front yard. He would, go along with the request as long as Mr. Miller uses his existing, garage as a hobby shop and not as a form of employment or for commercial purposes. Also it should be covered with the same material as his house. MOTION by Premel, seconded by Mrs. Gabel, to recommend to the City Council, to grant the variance in this case from 67' to 31 feet to allow construction of an addition to garage and a breezeway, with the stipulation that the garage be of the -same material as that of the house and to have it blend in as well as possible. Chairman Drigans specified that it is the requirement of the City Code to have the driveway hard -surfaced. 3. A REQUEST FOR VARIANCES OF THE FRIDLEY CITY CODE AS FOLLOWS: A L 35 5UNU /40J-/400 FUSLt JlKttl IY.t. /44/-144V, 141/-Vt17, i~rui- 7381, 7365-7367 7349-7351, 7325-7327, 7313-7315, 7301-7303 STREET N.E., REQUEST BY PORTFOLIO REALTY, INCORPORATED, UNIVERSITY AVENUE, ST. PAUL, MINNESOTA 551147. MOTION by Chairman Drigans, seconded by Mrs. Gabel, to waive reading the public hearing notice. Upon a voice vote, there being no nays, the motion carried. Page 4 The Minutes of the Board of Appeals Subcommittee Meeting of June 10, 1975 MOTION by Drigans seconded by Plemel, to open public hearing. Upon a voice vote, there being no nays, the motion carried. Mr. Brad Johnson, representing Portfolio Realty Company was present to present his request. He stated there were no single family dwellings on this street, that they were all double bungalows. The reason for requesting these variances was that they felt it would be a tremendous improvement to the property. At the present time, there is no place to park and also no place for garbage or storage. It is rental property at the. present time. He also stated that most tenants have two cars., and the ordinance requires three stalls, which would diminish space for tenants and would cause an increase in rentals. Also, this would eliminate the tenants parking on the street. If we conform to your requirements, we have to stay all the way back and be only five feet from the house, thus further disrupting the backyard area. By setting the, garages back 20 1/2 feet, we increase the backyard area and also allow for a sidewalk should the city decide one is needed. Mr. Premel asked what was behind these bungalows. A Mobile Homes Court. Mr. Johnson stated that if they were permitted to construct 2 1/2 car garages (22 x 221), with separate stalls, they could reduce the cost difference. The cost of each garage will run about $3,000. The project would run them about $50,000 or $60,000. He said there were many nice homes across the street. There was discussion about the blacktop. Mr. Johnson stated that this was to provide additional off-street parking and was part of the clean-up and landscaping of the whole back yard. A Mr. Donald Sjurseth of 7440 Able Street stated that he and several other members were there because the public hearing notice said some- thing about a front yard setback. This caused them to think that the gar4ge4 were going to be built in the front yard. He said that they now understand that because of the two streets both the front and the back yard have to be considered as front yards. With this explanation, they had no other objections. Mr. Ralph Klingl of 7364 Able Street N.E., stated that he had one of the better homes there and anything they could do to improve the situation, he would be all for it and for the neighborhood. We hope this will bring in a.better cliental into the neighborhood. He also noticed much improvement within the last few months. Chairman Drigans asked if there were any other questions. There were none. He then asked Mr. Mattson if the staff had anything further to add, Mr. Mattson stated that the plans Mr. Johnson has described seemed to be quite adequate and certainly an improvement. The staff was mainly concerned about upgrading the landscaping. What Mr. Johnson has proposed seems quite adequate. T Page 5 The Minutes of the Board of Appeals Subcommittee Meeting of June 10, 1975 Mr. Drigans stated that he was concerned about the narrow 6 foot space between these garages. He felt that these might end up being refuse areas. There was some discussion regarding increasing the sideyard setback to five feet which would provide 10 feet between the garages. Mr. Johnson replied that this was a possibility otherwise he could probably put a fence between them. MOTION by Plemel, seconded by Mr. Kemper, to close the public hearing. Upon a voice vote, there being no nays, motion carried. MOTION by Gabel, seconded by Mr. Plemel, to recommend to the Council, approval .to reduce the average front yard setback from 35 feet to 20.5 feet and to reduce the number of 3 stalls to 2 stalls to allow the construction of ten double garages. Upon a voice vote, there being no nays, the motion carried. ADJOURNMENT: The meeting was adjourned by Chairman Drigans at 8:30 P.M. Respectfully submitted, i' MIRA SAEFKE Se tary 14 H Board of Appeals Item #3 AGREEMENT I, 'AwvlS �C' HP. 0-,O- L)k-R , owner of the property located at %J'�C- IV S7 -1,v S, have no objection to the City allowing the construction of a &A,pgZ- a to be located at O �� S T/�✓ Say✓ without the required certificate of survey that the City ordinarily requires for all new construction. e Signature f r%�trs 6 dll� S % lNSan/ . Address a J Date C) --z A- W' ness