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VAR 09.710 APPLICATION, TO THE BOARD OF APPEALS AND CY COMIL FOR SPECIAL USE PERMIT, VARIANCE IN REQUYREM N -1S OP' CERTAIN . ORDINANCES OF THE CITY OF IItIMEY (Applicant to complete itema 1, 2, 3) 1. Nance and Address of Applicant -r/ .2. Legal Description of Property (also general location, 7 such res;'°north- east corner of 64tH Avenue and 5th Streett0 or 6415 Fifth Street") 0 3. 'Describe the variance requested. (Attach Plat az Survey of ftoparfv ®homing location of proposed buil+di.ng, ate., a tee sdjoinLag properties and ownership within 200' of said property.) U.T U -9p 11'A -5 ��-ro -A b --A jljlj�L 1 1 s 4. Camwntz by administrative official denying ori€3inal request for busld'ins permit or other permit. (To be completed by ndwin'_atrativs officiAl. Appropriate ordinances and section of ordinancV4 to be cited,) Q3� _I S. Notice of Nearing appe datest (must be at least once attached). - 2 - in official Newspaper on the following meeting -- c to g® Board Members 'notified of meeting by (List M=mbersq Date Notified, and "Ires" or "Nd' for plans to atte br ) m e P Attend 7m Person making appeal and the foilm"g property ewers within 200' n"if t".. Im having property sy PbA= Notified by Nam Date • t J15-4 _ , The Following Board Members and interesteipartie's Mrs Prefflatt 4t the BOARD NMERS 0 i O'C'HER PARTIES: .-3- �C-, _ rl .,�u ADDRESS 9. Opinions and recommendations by BOARD OF APPEALS: 10. For Above Recommendations 4 e 1 11.•kction by City Council and Date: e Against -Recommendations THE MINUTES OF THE BOARD OF APPEALS MEETING OF SEPTEMBER 21, 1971 The meeting was called to order by Chairman Minish at 7:34 P.M. MEMBERS PRESENT: Minish, Drigans, Sondheimer, Wall MWERS ABSENT: Harju OTHERS PRESENT: Clarence Belisle -Building Inspector Mr. Sondheimer noted a typographical error in line 8 of paragraph 1 in the August 10, 1971 minutes; professing be changed to protesting. POTION by Drigans to approve the minutes of the August 10, 1971 meeting as amended. Seconded by Fall. Upon a voice vote, there being no nays, the motion carried unanimously. Chairman Minish stated the action taken by the Council on the August 10, 1971 Board items. Mr. A. R. Elasky was present to present the request. A sketch showing the location of both dwellings and detached garages on the lots was shown to the Board. Mr. Belisle showed the Board the aerial photo of the area and pointed out the lots are on the corner of Washington Street and a paved alley instead of 57th Avenue. Mr. Elasky stated the lots are each 40 feet wide and 129 feet deep. He said the taxes on all the lots were $816.00 last yeah, including. assessments, so he is forced to develope the land and not just let it sit there. He continued that the house proposed for both lots has the same floor plan and he wanted one house to face Washington Street and the other to face the alley so they would not be identical. Mr. Belisle pointed out that the Zoning Ordinance states, "For lots resulting from lot splits having less than the 75 foot lot width shall have a minimum of a single -attached garage." Mr. Elasky shows detached garages for both lots which would have to be changed to be attached. Chairman Minish suggested that since the house has to be addressed on Washington Street, as the house cannot be addressed on the alley, that the principle entrance be changed to also face Washington Street. If this house was to have it's main entrance on Washington the variances asked for would be unnecessary. • The Board of Appeals Minutes of September 21, 1971 ]Page 2 Mr. Belisle suggested alternate designs for the houses, like having one house roof gabled and the other hipped to change the similarity between them if they were both to face Washington Street. Chairman Minish stated that since the applicant can build on the lots without a variance, he could not see where the hardship exists. However, he could see a reason for granting a variance if after splitting the lots there was no way in which to build on them. Chairman Minish said Mr. Harju had talked to him and he was concerned about the house facing the alley as it would also be facing the back yards of houses across the street. There were no adjacent property owners present to object to the variance. Mr. Elasky stated the only reason he could think of for the neighbors to object to him building this house would be that they would be losing a place for their children to play. Mr. Drigans stated he would like to see Mr. Elasky withdraw this request because at this time the Board could not see a hardship and if they were to vote on the request and deny it the applicant could not come before the Board again for 6 months. He felt the applicant should first apply for the lot split and then try to fit the house on the lot to conform to the code, with the Board of Appeals being the last resort. Mr. Wall said he agreed with Mr. Drigans in that the attached garage was just brought up to the applicant tonight and possibly he could come up with a better arrangement for the house on the lot. NMON by Drigans to table this request until Mr. Elasky comes in with a more presentable plan and until after the lot split has been acted on. Seconded by Sondheimer. Upon a voice vote, there being no nays, the motion carried unanimously. ADJOUtiNI�NT: ' The meeting was adjourned by Chairman Minish at 8:25 P.M. Respectfully submitted, 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, September 21, 1971 to consider the following matter: A request for variances;,of: Section 45.053, 4A, to reduce the front yard setback requirement from 35 feet to 25 feet and Section 45.053, 4C, to reduce the rear yard setback requirement from 25 feet to 11 feet to allow the applicant to apply for a lot split to split 3 lots into two buildable sites, the lots being 9, 10 and 11, Block 4, Adams Street Addition, the same being 555 -57th Avenue and 5703 Washington Street N.E., Fridley, Minnesota. (Request by A. R. Elasky, 5517 -12th Avenue South, Minneapolis, Minnesota.) Anyone desiring to be heard with reference to the above matter may be heard at this meeting. ROBERT A. MINISH CHAIRMAN BOARD OF APPEALS 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, September 21, 1971 to consider. the following matter: A request for variances;`*of: Section 45.053, 4A, to reduce the front yard setback requirement from 35 feet to 25 feet and Section 45.053, 4C9 to reduce the rear yard setback requirement from 25 feet to 11 feet to allow the applicant to apply for a lot split to split 3 lots into two buildable sites, the lots being 99 10 and 119 Block 4, Adams Street Addition, the same being 555 -57th Avenue and 5703 Washington Street N.E., Fridley, Minnesota. (Request by A. R. Elasky, 5517 -12th Avenue South, Minneapolis, Minnesota.) Anyone desiring to be heard with reference to the above matter may be heard at this meeting. ROBERT A. MINISH CHAIRMAN BOARD OF APPEALS 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, September 21, 1971 to consider the following matter: A request for variancesrsof: Section 45.053, 4A, to reduce the front yard setback requirement from 35 feet to 25 feet and Section 45.053, 4C9 to reduce the rear yard setback requirement from 25 feet to 11 feet to allow the applicant to apply for a lot split to split 3 lots into two buildable sites, the lots being 9, 10 and 11, Block 4, Adams Street Addition, the same being 555 -57th Avenue and 5703 Washington Street N.E., Fridley, Minnesota. (Request by A. R. Elasky, 5517 -12th Avenue South, Minneapolis, Minnesota.) Anyone desiring to be heard with reference to the above matter may be heard at this meeting. ROBERT A. MINISH CHAIRMAN BOARD OF APPEALS JP7 :51DI AvE. N. E. C 0.4 kv Aq -D IZO•_7 n�6 Iv Liz 40 01AX I.- A� 4y J4 cS r0 Aj 31 To Abo V 420 .100 '54 iz, 4Uq 6 Sol /V V E, Oc C) HELi Ck c2 0 full 16 17 Al w 5 9-T H- JP7 :51DI AvE. N. E. C 0.4 kv Aq -D IZO•_7 n�6 Iv Liz 40 01AX I.- A� 4y J4 cS r0 lve'JAp Far - 31 To Abo V 420 .100 '54 iz, 4Uq 6 Sol lve'JAp Far - 31 To Abo V 420 .100 '54 iz, 4Uq lve'JAp Far - 31 To Abo V 420 .100 45V 4Uq lve'JAp Far - L.S.. .#71-10: Adolph R. Elasky To -split L. g, 10, 11, Bl. 4, Washington Street Addition into 2 building sites. 31 To E, C) HELi c2 0 < Al w L.S.. .#71-10: Adolph R. Elasky To -split L. g, 10, 11, Bl. 4, Washington Street Addition into 2 building sites. 31 To tN C) HELi c2 0 < L.S.. .#71-10: Adolph R. Elasky To -split L. g, 10, 11, Bl. 4, Washington Street Addition into 2 building sites. LS. #71-10: Adolph R. Elasky ll'B"A 101 .Ibul tre t Addition S 1i able site N NA 47 REGULAR COUNCIL MEETING OF OCTOBER 18, 1971 PAGE 12 MOTION by Councilman Harris to instruct the Administration to notify Park Construction of the complaints received, and specifically, that they are not to haul on Main Street at night. Seconded by Councilman Kelshaw. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. FIRST READING OF AN ORDINANCE FOR VACATION SAV #71-05 OF A SIXTY FOOT WIDE PUBLIC STREET, UTILITY AND DRAINAGE EASEMENT GENERALLY LOCATED SOUTH OF GARDENA AVENUE AND WEST OF GRACE HIGH SCHOOL: (Matterhorn Drive) MOTION by Councilman Kelshaw to approve the ordinance on first reading and waive the reading. Seconded by Councilman Liebl. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. FIRST READING OF AN ORDINANCE FOR REZONING REQUEST ZOA #71-05 BY REAL ESTATE 10, INC., GENERALLY LOCATED AT HILLWIND ROAD IN THE 1000 BLOCK: The City Engineer reported there was one gentleman who objected to the rezoning and felt this was not the best use of the property. He felt that with the whole area multiple, that an office building would Be out of place. MOTION by Councilman Kelshaw to approve the ordinance on first reading and waive the reading. Seconded by Councilman Liebl. Upon a roll call vote, Breider, Kelshaw, Kirkham, Liebl and Harris voting aye, Mayor Kirkham declared the motion carried unanimously. CONSIDERATION OF SPECIAL USE PERMIT SP #71-02, HARLAND E. BERRY TO CONSTRUCT DOUBLE BUNGALOWS ON LOTS 3 AND 4, BLOCK 4, OSTMAN'S 3RD ADDITION PER CITY CODE 45.051, 3,D: Mr. Roger Peterson said that the lots in the present condition are a detriment to the area, and double bungalows would certainly be an improvement. They would be walk -outs to the rear and would appear as single family homes. East River Road is not the best place to locate single family homes, people do not want to build on East River Road. There are many homes for sale along East River Road. Councilman Harris said he had reviewed this location. There are only two empty lots in the area, and in the adjacent area are single family lots. It has been the policy of the Council not to allow double bungalows in a single family area. Councilman Breider asked if it was not correct that he tried to get this rezoned before. Mr. Peterson said yes, Lot 3. He was going.to build and live on the property but when he was turned down, he bought a house in Coon Rapids. He said he still felt as he felt then, that this would be a good use for the property, and as it is, it is a detriment. He said if he could sell the property as R-1, he would have done so long ago. MOTION by Councilman Harris to concur with the Planning Commission's recommendation .and deny the request. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF OCTOBER 6, 1971: LOT SPLIT REQUEST: L.S. #71-10,'ADOLPH R. ELASKY: To split Lots 9, 10 and 11, Block 4, Adams Street Addition into two building sites. REGULAR COUNCIL MEETING OF OCTOBER 18, 1971 PAGE 11 O'Loughlin that if he were to rezone to R-2, it would help the sale of his property. MOTION by Councilman Kelshaw to table this item, with the comment that there were some things he would like to check into before ha votes. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RECESS: Mayor Kirkham declared a recess at 10:00. The Meeting reconvened at 10:30 P.M. VISITOR: Mrs Sandra Reid, 4573 Main Street N.E., Complaint of Park Construction Trucks Hauling at Night on Main Street: Mrs. Reid asked if Park Construction had a permit to haul on Main Street at night. She said they were hauling at 3:00 A.M. last Thursday. it did not continue on Saturday or Sunday. The City Engineer said they did receive per- mission to haul -only to the FMC site at night. They do not have permission to haul on Main Street at night. Councilman Harris said he was glad she brought this to the Council's attention and added this is not the only complaint. Councilman Liebl said that he told Mrs. Reid the Council gave permission on a temporary basis to see how it works out. If there are too many complaints, the Council will again review the question when their time is up on the permit. There have been complaints on the blasting also. The Prosecuting Attorney said there has been a considerable amount of trouble through the Police Department, but not concerned with night hauling. They have been mostly traffic violations, such as speeding. Park Construction has been told of the trouble and they acted quickly and the complaints stopped. Mayor Kirkham assured Mrs. Reid Park Construction would be told and asked that she call.the City Manager if it happens again. Councilman Harris said peoplehave registered complaints about the speeding on Osborne Road going past the hospital. It seemed they considered their speed limit 60 MPH both full and empty.. The Prosecuting Attorney said they were told if necessary the radar equipment would be set out and there would be additional patrol cars. The Police Department has been assured by Mr. Carlson that he would talk to his truck drivers, and since then, the speeding seems to have stoped. Councilman Harris said they did not rgceive permission to haul on Main Street at 3:00 A.M. and they should be notified of this complaint. The City Engineer said that in the beginning there was a dust problem from material falling off the trucks, so Fridley required sweeping. They seem to have taken care of the traffic problems. If the truck drivers are hauling on Main Street at night, it may be without Mr. Carlson's knowledge. They have made a diligent effort to keep the problems to a minimum.. The Prosecuting Attorney said that if they received permission to haul on any street at night, this is contrary to the Code, so the squad cars should be notified. The City Engineer said that before the construction started, the Council was.made.aware that there would be problems. Park Construction is trying to keep these problems to a minimum. He agreed he certainly did not want people bothered at 3:00 A.M. He said he would continue to work with them. ` REGULAR COUNCIL MEETING OF OCTOBER 18, 1971 PAGE 13 The City Engineer said this request was to split three 40' lots and make two 60' lots. The Planning Commission recommended approval. MOTION by Councilman Kelshaw to concur with the Planning Commission's recom- mendation and grant the lot split requested by Adolph R. Elasky. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. MOTION by Councilman Kelshaw to receive the Minutes of the Planning Commission Meeting of October 6, 1971. Seconded by Councilman Liebl. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. RECEIVING THE MINUTES OF THE BUILDING STANDXaIDS - DESIGN CONTROL MEETING OF OCTOBER 7, 1971: 1. CONSIDERATION OF A REQUEST TO CONSTRUCT A DAY NURSERY TO BE LOCATED ON LOTS I AND 2, BLOCK 1, OAK HILL ADDITION, THE SAME BEING 5310 MONROE STREET _ N.E., FRIDLEY, MINNESOTA. (REQUEST BY SOCIAL DYNAMICS INC., 4570 L'dEST 77TH STREET, MINNEAPOLIS, MINNESOTA 55435): The City Engineer said the Building Board recommended approval subject to their stipulations. They have three.lots and they plan to put the building on the easterly two lots. This location is just wesf of the Target property. The fifth stipulation by the Board concerns the parking requirements. They plan on 15 parking places and this does not meet the Code. Mr. James Leidich, President of Social Dynamics, said they fee]. that 15.parking places is adequate. The Codes are not written for this specific kind of use. This will be more parking than is provided at their other buildings. The City Engineer said Haat their action would be to apply for a variance of the parking requirements with the Board of Appeals. Councilman Harris asked if there would be outside activities and Mr. Leidich replied yes, there is 9000 square feet .of play area and there will be a fence around their property. The City Engineer asked if they agreed to put in the sidewalk and Mr_. Leidich said yes, they have enough coon, but he did not know if they would put in the sidewalk or the City would put it in and they would be assessed for it. The City Engineer said it could be done either way, but he wanted to malce certa.in_it would line up with the sidewalk already there. MOTION by Councilman Barris to approve the building permit subject to the stipulations of the Building Standards - Design Control, changing #5 to instruct the applicant to apply to the Board of Appeals for a variance of the parking requirements. Seconded by Councilman Kelshaw. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. 2. CONSIDERATION OF A REQUEST TO CONSTRUCT A SALES AND SERVICE BUILDING ON ALL OF PARCEL 4350 AND 4360 TIE SAME BEING 7501 HIGHWAY #65 N.E., FRIDLEY, MINNESOTA. (REQUEST BY VIKING CHEVROLET 7111C., 917 GRAND AVENUE, ST. PAUL MINNESOTA): The City Engineer said these plans are for Viking's sales and service building on the Edison property and showed the plans on the easel; outlining the stipulations of the Building Standards - Design Control.