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VAR 05.73�At, 65-73 .3 City ®f Fridley AT THE TOP ON TNR TWWO � 4y 1 �--------- COMMUNITY ®EV`LOPMENT DW. 1 r PROTRCTIVR IMOAiCTJ" WT. � 1 CITY NAIL FW0L9Y W4U k.J i+i-800-3N0 iui�RCT APPLICATION TO BOARD OF APPEALS N1RIiE1! eiv. Ow R P"E OF 1 2 V BY 1 800 Name ���, � �,� e . Address Sifte 1,*X e Phone Legal Desc. Lot No. ,101- 0A,? Block No. / Tract or Addition Fr Variance Requested (Attach plat or survey of property showing location of proposed building, etc., including adjoining properties and ownership within 200 feet of said property.) a?�� *�F-VL YIAa EYdo —, 31" `To J4,' Meeting Date 91 Fee 0 Receipt No. Opinions and Recommendation by the Board of Appeals /9 For Above Reco=endation Against Recommendations City Council Action and Date M City ®f Fridley AT TK TOP OF TN[ TWINE r �L-------+ COMMVNITY MY960MUNT DIY, i P'ROTHCTIYIi fMOALOTOON an CITY "ftL. Pi11MY e .J 012-009-300 iuOJ[GT APPLICATION TO BOARD OF APPEALS (Staff Report) NINA M 10-F23 peM pAT[ 0 2 15/73 [ OF 2 2 A V BY 800 Comments by administrative official denying original request for building permit or other permit. (To be completed by administrative official. Appropriate Ordinances and sections of Ordinance to be cited.) Board members notified of meeting by List members, date notified, and "Yes" or "No" for plans to attend hearing. Name Date Plan to Attend Y6 S �t rj'�fa �s Person making appeal and the following property owners having property within 200 feet notified: Phone Notified B Name 'Date or Mail (Initial) yes® - fy d - dy5 l/// D I 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, May 29, 1973 to consider the following matter: A request for a variance of Section 45.053, c, Fridley City Code, to reduce the required minimum rear yard from 25 feet to 14 feet to allow the construction of a dwelling on Lot 30 and 1/3 of Lot 29, Block 1, Innsbruck 5th Addition, the same being 1501 Windemere Drive N.E., Fridley, Minnesota. (Request by Rodney Billman Incorporated, 151 Silver. Lake Road, New Brighton, Minnesota.) Anyone who desires to be heard with reference to the above matter will be heard at this meeting. WILLIAM DRIGANS CHAIRMAN BOARD OF APPEALS 4% ` pp ,eyll ),,t6 I L ENGINEERING, INC. C � r /. LJ i cr ell �* ti � '. ,�, � . Ste, •.. . 1 . __ .. .__ _. ..... �' �.. t a ' _. � L i. r�. P 4 .J_..., _ t f® P ... ' 1 ._ � ' ✓ �' p ti � '4 �.. �`.i � i iht°l J"&a ;.II°s �¢ ��l�'' t's.G'?�r.Ji +a U:+ '�$,+tf�s�tglj � p; r's1f.' u""�yW:' t,_ ;' . . '+:'r.P'✓r;�r' y: r M*.;` ij`"'t r: «, IIsi 4'9.t� kk'?e7r L�4 .,. �;',P nes' ad j �;'s+- y ._ _�.._ � ,:r. ,f 16,1k k E The Minutes of the Board of &Meals Subcommittee Meeting of icy 299 1973 Page 3 MOTION by Crowder, seconded by Wahlberg, to recommend to the City Council, approval of the variance request. Upon a voice vote, there being no nays, the motion carried unanimously. Mr. Harju arrived at 7x50 P.M. "TWITS 1. - - � - -- - _ � ,� . • Ifs 16i�, : A �. - � r4i 1�� MOTION by Crowder, seconded by Harju, to waive reading the public hearing notice. Upon a voice vote, there being no nays, the motion carried unanimously. Mr. William Dietz, 1280 Hathaway, owner of the proposed house, was present to preset the request. Mr. Dietz presented a survey of the property and a house plan to the Board for their review. Mr. Dietz explained the position of the house on the lot as being 46 feet from Wind re Circle and 35 feet from Windemere Drive which results in the one corner of the back of the house being only 14 feet from the rear lot line. Mr. Crowder said if the whole structure was shifted Z -number of feet, it would fit on the lot without variances. Mr. Dietz said it would fit by shifting the house but symetrically he wants the house to be in balance with the lot and with the area.in general. He said the house Was drawn up for the lot and with the amount of money involved he wants it to look nice. Mr. Dietz said there will be 26 feet to the east property line and then another 60 to 70 feet to the neighbors house. The lot adjacent to the rear yard variance is vacant. Air. Harju stated he didn't think it was a hardship when they have a house that they can change to fit the lot but they don°t want to. Air. Clark stated Mr. hogucki from Rodney Billman, Inc., mentioned to him that by turning the house, the master bedroom would be toward Wind re Drive which he didn't think the owners would like. Mrs. Wahlberg said she had heard the people to the east were planning to add onto their house and she wondered if this would create any problems. Mr. Clark said the house to the east is approximately 100 feet away so there would be no problem with them adding on, and there are two lots to the north of this lot that are vacant and owned by Rodney Billman. He said even if a house was built on the next lot to the north, and had a 35 foot setback, the back of that house would only line up with the front edge of this house. Mrs. Wahlberg asked when they wanted to start the construction and Mr. Dietz answered that they wanted to start as soon as they get approval of the variance. The aerial photo of the area was shown to the Board. 4. The Minutes of the Board of ki2eals Subcommittee Meeting of May 29, 197?3 Paas 4 Chairman Drigans asked how many variances Mr. Eillman has requested in this area. Mr. Clark answered he has not requested very many variances when you consider the number of homes he has built in this area. Most of the variances that have been asked for are on front yard setbacks because of the teirain. To set the homes at the required setback in some areas would require quite a bit of fill. He added the lots in this area are larger than ordinary and perhaps as the homes being constructed become larger we will be receiving more variances for sidq yard setbacks. MTIOW by Crowder, seconded by Wahlberg, to close the public hearing. Upon a voice vote, there being no nays, the motion carried unanimously. Mr. Crowder stated they have designed a house for the lot that will maximize the use of the lot and the variance is only needed on one corner of the house. The neighbors are quite a ways away and there are vacant lots adjacent to this property that are owned by the sme builder which makes the request more palatable. Mr. Crowder said it seems like the lot lines are being looked at after the house is "resigned and it would be nice if it was the other way around. Mr. Harju stated he felt this was not a very serious variance. He said it seems to him that a builder should start with a lot size and then build a house to fit the lot but it seme that this is overlooked. He said a nice home could be built on this lot without any variances. Chairman Drigans ptated it seem there are no objections to this variance by the neighbors and if there had been any objections it would have weighed more heavily against the variance. He added that if he was building this home, he would not want the bedrooms facing the road either. Mrs. Wahlberg stated the variance to 14 feet would still allow considerable footage to the next house and the Board's main concern is in not creating a fire hazard and this variance would not be creating one. ON by Harju, seconded by Crowder, to recommend to the City Council, approval of the variance for the following reasons; 1. The hardship seems to be the house plan and the particular shape of the lot. 2. Technically, it is a rare lot variance and the distance from the adjacent structures will be considerable. A vote upon 'the motion, Wahlberg abstaining, the motion carried. MMCITI COUNCIL HAS APPSOVED A VARIANCE OF SECTION 45.143. 18 ULUEST BY THE WALL CO EON, 8030 CEDAR AVENUE, XWEAPOLIS, HIMISOTA. REGULAR COUNCIL MEETING OF JUNE 4, 1973 PAGE 13 �„EC„LVING THE MINUTES OF THE BOARD OF APPEALS MEETING OF MAY 29,. 1973: ST FOR A VARIANCE OF SECTION 56 05, 3A FRIDLEY SIGN ORDINANCE, TO INCREASE MAXIMUM SIGN AREA FOR A WALL SIGN FROM 84 SQUARE FEET 15'/, OF THE TOTAL WALI, AREA TO 160 SQUARE FEET TO ALLOW THE ERECTION OF A SIGN TO BE LOCATED ON PARCEL 15, AURLTOR'S SUBDIVISION #88, THE SAME BEING 6265 HIGHWAY 65 N.E. FRIDLEY, MINNESOTA_ (REOUEST BY SIGNCRAFTER'S INCORPORATED, 13 - 77th WAY N.E., FRIDLEY MINNESOTA), The City Engineer said the request was for the construction of a wall sign in the Shorewood Plana Center. He added, the Board of Appeals had recommended approval of the request. He said the sign was for the Payless Shoe Store. He referred to page 6ri of the agenda and said this was the type of sign being proposed. MQTTQN by Councilman Utte-r to concur with, the ' r'ecowmendat-kons of the Board -of Appeals and grant the variance for the sign regrpested by Sigacrafter's Incorporated for the property at 6265 Highway 65. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. A BEQZST FOR A VARIANCE OF SECTION 45.053, 4B, 5A, FRIDLEY CITY CODE, TO REDUCE THE E YARD SETBACK ON A CORNER LOT FROM 17.5 FEET TO 10.5 FEET TO PERMIT THE CONSTRUC AV AN AnnTTTnW Tn AN F'XT.r,TTNr- nWRT.T.TNr- T.n ATF.n ON LOT 30. BLOCK 24. HYDE PARK ADDITI FRIDLEY 141A The City Engineer said the request was for a side yard variance at 5861 Main Street to permit the construction of an addition to an existing dwelling. He said the Board of ,appeals had recommended the approval of the variance. MOTION by Councilman Starwalt to concur with the recommendation of the Board of Appeals and $rant the variance for 5861 Main Street N.E., requested by Mr. Clyde Debolt. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. ^g� T FOR A VARIANCE OF SECTION 45.053, C. FRIDLEY CITY CODE, TO REDUCE THE REO____IRED. 1BIAR YARD FROM 25 FEET TO 14 FEET TO ALLOW THE CONSTRUCTION OF A DWELLING C„�N LOT 32 AND 1/3 OF LOT 29 BLOCK 1, INNSBRUCK 5th ADDITION, THE SAME BEING 1501 6,jLNXNERE DRIVE N E , FRIDLEY, MINNESOTA (REQUEST BY RODNEY BILLMAN, INCORPORATED, 151 SILVER KE ROAD, NEW BRIGHTON, MINNESOTA): The City Engineer said this is a request for a back yard set back from 25 feet to 14 feet at 1501 Windemere Drive N. E. and the Board of Appeals had recommended the variance be approved. MOTION by Councilman Starwalt to concur with the Board of Appeals and approve the book yard variance as requested by Rodney Billman at 1501 Windemere Drive, Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. REGULAR COUNCIL MEETING OF JUNE 4, 1973 PAGE 14 A REQUEST FOR AN ADDITIONAL VARIANCE OF SECTION 45.153, 1B, FRIDLEY CITY CODE, TO REDUCE THE SQUARE_ FOOTAGE REQUIREMENT OF A TOWNHOUSE IN AN R-1 DISTRICT FROM 5,59 SKARE EET PER UNIT TO 4',.,246.5 SQUARE FEET PER UNIT TO ALLOW THE CONSTRUCTION OF A TOWNHOUSE DEVELOPMENT TO BE LOCATED- ON THE EAST HALF OF THE NORTHEAST QUARTER O. THE SOUTHWEST QUARTER OF SECTION 14, T-30, R-24, EXCEPT THE SOUTH 185.0 FEET Tr AND EXCEPT PARCELS A AND B, THE SAME BEING BORDERED -BY 63RD AVENUE ON THE SOUTH ISSTPPI STREET ON THE NORTH, 7TH STREET ON THE EAST AND 5TH STREET ON THE WESTi APPROVED A VARIANCE OF SECTION 45.143, 1B, FRIDLEY CITY CODE REQUEST BY THE WALL CORPORATIONS 5030 CEDAR AVENUE, MINNEAPOLIS, MINNESOTA: Mr. Rudolph Dante addressed the Council and said he was a representative of the Wall Corporation, Mr. Dante said he hoped the Council had all received a copy of the minutes of the Board of Appeals meeting. He said he had been directed to meet with the City Engineer for a solution to the proposed development problem which would bast suit the City, the community, and the Wall Corporation. He said he would like to tura the floor over to the City Engineer to see if they were still in agreement on the proposed plan. The City Engineer said as he had pointed out before, there is a drainage problem in the area and the plan for the solution of the drainage would have to be a sound one. He said the drainage plan was what had been laid out in the original plan, approved last year, and this would function adequately. He said the second point of discussion was the recreation building. He said the new plan had been modified to include a party room, indoor swimming pool, warming room, and sauna. He added, the Wall Corporation had also agreed to include a tennis court on the grounds. T'hfi City Engineer said the third problem was that of the traffic and access to the complex. He said they had been concerned if there would be enough stacking room in thO second plan. He said he would recommend limited access on Mississippi Street and access on 7th Street if the access could be close to Bennett Drive. He said they had agreed also, that the townhouses would be owner occupied within a period of three years after the completion of the construction. He said at this time the Council could grant an extension of two years if necessary. Mr. Dante said the three years would begin after the completion date or four years from now. Mayor Liebl asked when the project is scheduled for completion. Mr. Dante said if'they could begin construction in the middle of July, it will be completed in 12 months. Mr. Dante said he would like to create a total community in the area. Mayor Liebl asked if the construction would jeopardize the 7th Street improvements. The City Engineer said what they really wanted is to have the system installed properly. He said he wanted to make sure the system is built to the proper spec- ifications. The City Engineer said 7th Street would be installed next as had been pointed out to the people. Mr. Dante said he still did not agree with the installation of the tennis court, he had some concern over this point. Mayor Liebl said the City Engineer is very conservative on the City's standpoint.