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
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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
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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
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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
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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
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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
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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:
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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.
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Signature
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r%�trs 6 dll� S % lNSan/ .
Address
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Date
C) --z A-
W' ness