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SP & VAR 03.67I APPLICATION TO THE B{? b OF APPEALS AND CITY COUNCIL FOR SPECIAL USE PERMIT, VARIANCE IN REQUiREMUTS OF CERTAIN ORDINANCES OF THE CITY OF FRIDLEI' (Applicant to°'cbmplete items 1* 20 3) 1. Name And Address bf Appl 2. 3 Legal. Description of Prrperty (Also ge#seral locgtion$ such as;"north east corner of 64th Avenue and Jth 9treeO lar 64i5 Fifth Street") 9 Describe the variance re"quested., (Attach Piator Survey of Property showing location of proposed building, etc;O also Adjoining properties and ownership within 200' of said propertyi) 4. Comments by administrative official denying original request for building permit or other permit. (To be completed by administrative official. Avvrooriate ordinances and section of ordinances to be cited.) d' - 3 - OTHER PARTIES NAME 9. Opinions and recommendations by BOARD OF APPEALS: ADDRESS 10. For Above Recommendations Against Recommendations 11. Action by City Council and Date; May 15, 1967 Discussion on Aril 10. 1967, with denial of variance on May 15t'. a - 2 - 5. Notice of Hearing appeared in Official Newspaper on the following dates;_ March 17 g 24, 16 97 - Anoka County Union & Shopper, Inc. (must be at least once 10 days before meeting -- copy of notice to.be attached). 6. Board Members notified of meeting by- mailing of notices 3/16/67 (List Members, Date Notified, and "Yes" or "No" for plans to attend hearing). A Name Date Plan to Attend All members notified by mailing of notices 3/16/67 7. Person making appeal and the following property owners having property within 200' notified; By Phone Notified by Name Date or Mail (Initial) Severin & Eleanor Chmielewski, 7531 University Avenue N.E. 3/16/67 Duane Olson, 7549 University Avenue N.E. 3/16/67 -BernMd Wqlke, 25 Creek,Terrace 3/16/67 41Ch St. N.E.) Notices sent o -Eh . ahove- fnr p blic+ 'FT ring $e1n1C?�P C txj ,S.°A1. 7P1f'3l May 1, 1967 plus the following: Occupant, 7550 -4th St. N.E.; 7534 -4th St. N .E . p 4th-4tr r-- . Ktwt �.f., n L..... i .e.9,+ _ 7 C 5 University Avenue N.E, Dennis Hamm; 8. The Following Board Members and interested parties were present at the Hearing: Mach 29 19 BOARD &ERS OFFICIAL PUBLICATION OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE TIM 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 Chambers of the City Hall at 7:30 o'clock -P.M., Wednesday,, March 29, 1967, to consider the following matters: to A request for a Special Use Permit to permit.construction of a double bungalow in an R-1 District as per Section 45,19 (2A), City Code of Fridley, Minnesota 1963* Revised December 1964, on Lot 12, Block 2, Osborne Manor (lot north of 7531 University Avenue Northeast) Anoka County, Minnesota, same being n4_1--'(Jniversity Avenue Northeast,, Fridley, Minnesota. (Request by Severin & Eleanor Chmielewski, 7531 University Avenue Northeast, Fridley, Minnesota, 55432). 2. A request for a variance from Section 45.24, City Code of Fridley, Minnesota 1963, Revised December 1964, by waiver of a side yard requirement on a corner lot from 17 feet 6 inches to 17 feet to permit construction of a single family dwelling on Lot 1, Block,2,, Holiday Hills Addition,, Anoka County, Minnesota, same being 400 Rice Creek. Boulevard, Fridley, Minnesota. (Request by Arthur J. Silseth: 48 Talmadge Way Northeast, Fridley,, Minnesota, 55432). Anyone desiring to be heard with reference to the above matters will be heard at this meeting. Harry Nawrocki CHAIRMAN Publish: March 17,, 1967 BOARD OF APPEALS March 24, 1967 � ���� � � �s� � � � � ✓ � � X7���; � ,� � �� ��-.- �„ ��� CITY OF FRIDLEY MINNESOTA PLANNING AND ZONING FORM TYPE OF REQUEST Rezoning Special Use Permit Number ., Variance v APPLICANT'S SIGNATURE �, :::::Lot Splits Address s - ,Approval of Pre- liminary Plat Telephone Number - �/_�- _ �0 / '� 7 PROPERTY OWNER'S S Telephone Number Street Location of Approval of Final Flat Streets or Vacations 2 7 Other Legal Description of Property Present Zoning Classificat Existing Use of the Property` -i Proposed Zon g Classification, Special Use, Variance or other request ��- Describe briefly the Type of Use and the Improvement Proposed Acreage of Property, 2-5 x -- Has the Present Applicant Previously Sought to Rezone, Plat, Obtain a Lot Split, Obtain a Variance or Special Use Permit on the Subject Site or Part of It?� When? What was Requested Fee Enclosed $ Date Filed Date of Hearing PLANNING AND ZONING FORM Number PACE 2 The undersigned understands that: (a) A list of all residents and owners of pro- perty within 300 feet must be attached to this application. (b) This application must be signed by all owners of the property, or an explanation given why this is not the case. (c) Responsibility for any defect in the pro- ceedings resulting from the failure to list the names and addresses of all residents and property owners of property within 300 feet of the property in question, belongs to the undersigned. Residents and Owners of Property within 300 feet: PERSONS ADDRESS OF Mzm r' 0 W "Ra, 911111 A sketch of proposed property and structure must be drawn on the back of this form or attached, showing the following: 1. North Direction 2. Location of Proposed Structure on lot. 3. Dimensions of property, proposed structure, and front and side set -backs. 4. Street Names 5. Location and use of adjacent existing buildings (within 300 feet). The undersigned hereby declares that all the facts and representations stated in this application are true and correct. S ICHATURE fes' p (APPLICANT) uof*ate**'*** Approved Denied By the 3oavd of Appails• Subject to the Following Conditions: date Approved Denied by the Planning Commission on Subject to the Following Conditions: date Approved Denied by the Council on Subject to the Following Conditions: date Form PC 100 Surveyfor* Severin Chmie ews i EGAN, FIELD & NOWAK -19" SURVEYORS 1829 HARRIET AVE. E F M�;, MINNESOTA ESfA�. Illy ryv Y U_1 ti i J r - Description: Lot 12, Block 2, OSBORNE MANOR. V-775 We hereby certify that this is'a true andcorrect representation of a survey of the boundaries of the land above ove described and of the location of all buildings, if any, thereon, and all visible encroachments, if any, from or on said land. Dated this 141' day of March ,1967 o E G A N, F! E L D & N 0 W A K Enqjneers & Surveyors 2 c- L Scale: 1" — 20' Or - J r - Description: Lot 12, Block 2, OSBORNE MANOR. V-775 We hereby certify that this is'a true andcorrect representation of a survey of the boundaries of the land above ove described and of the location of all buildings, if any, thereon, and all visible encroachments, if any, from or on said land. Dated this 141' day of March ,1967 o E G A N, F! E L D & N 0 W A K Enqjneers & Surveyors 2 I Scale: I" ® 20' Survey _ or Sev -tt EG AN, FIEL D A N OWAK. ; .• SURVEYORS -. 2825 HARRIET AVE. E R M4�, Fd�P9Ri9. M INN ESOTA • � /Tai/ i, Y Block.2, OSBORNE MANOR. Ns 15 3 1 We hereby certify of the land above that this described is a true and correct reppresentation- of a surveyof the boundaries and of the location of all buildings, if any, tereon, and all visible encroachments, C3 land. M Dated this 14a - day of itilarch ,10%JG7 0 a _ En 'neers Surveyors File No. 5853 Book No, 1768 2 5 by A (P L QJ Description: Lot 12, Block.2, OSBORNE MANOR. Ns 15 3 1 We hereby certify of the land above that this described is a true and correct reppresentation- of a surveyof the boundaries and of the location of all buildings, if any, tereon, and all visible encroachments, if any, from or on said land. M Dated this 14a - day of itilarch ,10%JG7 0 ._E G A_ N, F I E L D b N 0 W. A K .. _ En 'neers Surveyors File No. 5853 Book No, 1768 2 5 by OFFICIAL PUBLICATION OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE CITY COUNCIL TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN that the City Council of the City of Fridley will meet in the Council Chambers of the City Hall at 8:00 o'clock P.M., Monday, May 1, 1967, to consider the following matter: A request for a special Use Permit to permit construction of a double bungalow in an R-1 District as per Section 45.19 (2A), City Code of Fridley, Minnesota 1963, Revised December 1964, on Lot 12, Block 2, Osborne Manor (lot north of 7531 University Avenue Northeast) Anoka County, Minnesota, same being 7541 Univ- ersity Avenue Northeast, Fridley, Minnesota. (Request by Severin & Eleanor Chmielewski, 7531 University Avenue Northeast, Fridley, Minnesota, 55432). Anyone desiring to be heard with reference to the above matter will be heard at this meeting. Jack O. Kirkham MAYOR Publish: April 21, 1967 April 28, 1967 SPECIAL COUNCIL MEETING, APRIL 10, 1967 PAGE 32 MOTION by Councilman Sheridan to grant a hot Split to Mylo Parks on Lot #10, Auditor's Subdivision No. 10 (Revised) so that starting from Central Avenue going East, the first ;)arcel size will be approximately 235 feet, the next parcel to the East will be 109 feet, and the third parcel, which is the farthest to the East, will be 90 feet. Seconded by Councilman Harris. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. j 3RD STREET PATTERN: a Councilman Liebl asked if every member of the Council was aware that Erickson Petroleum had dropped the proposal, and was not going through with their request that 3rd Street go through to 57th Avenue. Councilman Liebl asked if any member of the Council had anything to do with it or had discussed it with Mr. Rote. He asked the City Manager if he knew what the reason was for it being dropped, The City Manager said that Mr. Rote had just asked him to take it off the Planning Commission's agenda, which he said he could not do. He told Mr. Rote he should write a letter explaining why they wanted it taken off. He said that the letter had arrived on the same day as the Planning Commission meeting. He said that Mr. Jensen had talked to Mr. Rote and he understood that they were concerned that someday they might want a building there. Councilman Liebl said that in the Minutes of the Plats and Subdivisions Sub -Committee Meeting, two had voted in favor of it, two against, and Mr. Jensen had abstained. He asked why Mr. Jensen had abstained. The City Manager said he did not know, and he did not believe anyone had asked Mr. Jensen. Councilman Liebl said that last year Erickson Petroleum had been very anxious to get this road through, and he had been very i astonished when they had dropped it. Mayor Kirkham said he was curious also, t and had a call into the office now, although he did not,know if they wanted their reasons made public. TWO FAMILY DWELLING - 7541 UNIVERS : AVENUE NORTHEAST- C11MIELEWSKI: The City Manager said that the Boar` )f Appeals had only had a few days to look at this request prior to the `.,- ring, but all five members of the Board had gone out and looked at it on the following Saturday. He said that it had come to the Planning Commission Meeting April 6th because the new Board of Appeals Ordinance did not go into effect until April 8th. He read the motion of the Planning Commission recommending approval. He said that the ordinance requires that the Council call a Public Hearing, so the Council can either concur and set the hearing, or deny the request. Councilman Harris asked Mr. S. Chmielewski about the lots to the north and south of his lot. Mr. Chmielewski said there is a house to the north and a house to the south zoned residential. Councilman Harris asked about the size of his lot. Mr. Chmielewski said it was 175x135. Councilman Harris asked if this will have to go to the Building Board. The City Manager said that -they will have to go to the Building Board with the plans for the structure. Mr. Chmielewski said he had found some smashed footings on this lot. The City Manager said that if this was from over 8 years ago, there would be no record. Councilman. Sheridan said that at one time there was a high water table in this area which may explain the old footings. Mayor Kirkham said he thought this area was complete. Councilman Samuelson said that it was R-1 on both sides and R-1 in back. The Council discussed a date for a Public 'riearing and decided on May 1st. SPECIAL COUNCIL rIIsETING, APRIL 1.0, 1967 PAGE 33 MOTION by Councilman Samuelson that the Special Permit Application go through the normal procedures, and a Public Hearing be set for May 1, 1967 to fill the Council's obligations. Seconded by Councilman Sheridan. i Councilman Sheridan said that he would like to explain to the parties applying that the Council has only granted two or three Special Use Permits for multiple dwellings in residential districts in the past, and those were considerably larger lots. He said that he would like to express his opinion, that regardless of the hearing, he would not be in favor of the permit because of the lot size, but the Council will go through the necessary procedures. Mayor Kirkham said he did not like to discourage the petitioners unnecessarily, but they should be apprised of the fact that with the knowledge he has so far, he will be in opposition, but that the Council will go ahead with the hearing May 1st. UPON a voice vote, there being no nays, Mayor Kirkham declared the motion carried. ADJOURNMF7,NT: There being no further business, Mayor Kirkham declared the Special Council Meeting of April 10, 1967 closed at 9:22 P.M. Respectfully submitted, Mary Lu Strom Secretary to the Council REGULAR COUNCIL MEETING, MAY 15, 1967 PAGE 3 MOTION by Councilman Harris that this project not be put in at this time, but be returned.to the Administration for an alternate solution on enforcing •-�, the off-street parking for the affected property. The City Engineer said that the Administration had written letters in 1962 telling the people they were in violation and that they had to provide parking in the back, but they had come to the Council about the water problem, so it was now up to the Council on whether it be done now or not, but he felt that it should be brought to their attention. The Motion was seconded by Councilman Samuelson. Councilman Liebl asked the people present in the audience if there was a water problem. One of the visitors said that the first apartment has water in the spring as it runs down the slope, but an alley would just make it a runway and increase the problem. The vote upon the motion was a voice vote, there being no nays, Mayor Kirkham declared the motion carried. SEWER USE AGREEMENT (TABLED 5/8/67): Mayor Kirkham reminded the Council that this is the letter he had read at the last Council Meeting, and the Council had decided to reconsider the last paragraph. Mayor Kirkham suggested that they just eliminate the first two sentences of the last paragraph, and start the last paragraph, "If this be your position, we suggest then that you commence a declaratory judgment action to have the meaning of the supplemental agreement determined by the District Court." Councilman Samuelson suggested that in the -fourth paragraph, they' eliminate the word "ignore" and substitute the words, "to use their own interpretation of". MOTION by Councilman Liebl to adopt the letter to the NSSSD with the proposed changes. The motion was seconded and upon a voice vote, there being no nays, ;Mayor Kirkham declared the motion carried. NDOUBLE BUNGALOW USE PERMIT (HEARING CLOSED 5/1.76n;_ Councilman Samuelson said his feelings were ti:A= this was spot zoning and would be putting a multiple dwelling in the i7imediate center of an R-1 District. MOTION by Councilman Samuelson to deny the Double Bungalow Use Permit Council- man Liebl asked about the zoning surrounding this lot. Councilman Harris said that it was all R-1. Councilman Liebl said he assumed that the people opposed this. Councilman Samuelson said there had been no one present at the meeting either pro or con except the people making thQ application. Councilman Harris said he thought this had been disposed of at the last meeting. Mayor Kirkham said that the hearing had been closed but no action had been taken. The motion was seconded by Councilman Harris. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. REZONING REQUEST IN SPRING BROOK PARK AREA (TABLED 5/1/67): The City Engineer pointed out on the map the different' zonings requested. Councilman Harris asked if Ashton was a deadend. The City Engineer said that it goes to Ironton now, and eventually will go to the City limits at the railroad tracks. Councilman Samuelson asked if this was the Planning Commission's scheme. The City Engineer said that it was.