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APPLICATION TO BOARD OF APPEALS
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Variance Requested (Attach plat or survey of property showing location of proposed
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Receipt No.
Opinions and Recommendation
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City Council Action and Date
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APPLICATION TO BOARD OF APPEALS
(Staff Report)
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PAOE 'w'APPROVED
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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 Uto attend hearin .—
.Name Date Plan to'� Attend
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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,
April 23, 1974 to consider the following matter:
A request for variances of the Fridley City Code
as follows: Section 205.053, 4B, 5a, to reduce
the setback for an accessory building on a corner
lot from 25 feet to 21 feet, and, Section 205.053,
4B, 5a, to reduce the side yard setback on a corner
lot from 17.5 feet to 13.12 feet, and, Section
205.053, 3, to increase the lot coverage from 25
percent to 28.2 percent, and, Section 205.053, 4B,
to reduce the side yard setback from 10 feet to
8 feet, and, Section 205.053, 2, B3, to reduce the
area between living areas from 20 feet to 13 feet,
all to permit the construction of a dwelling and a
detached garage to be located on the North 10 feet
of Lot 29, and Lot 30, Block 1, Plymouth Addition,
the same being 4885 - 3rd Street N.E., Fridley,
Minnesota. (Request by Mr. Frank Dircz, 4875 - 3rd
Street 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 8
The Minutes of the Board of Appeals Subcommittee Meeting of April 23, 1974 .
approximately 50 feet from their back lot line.
Mrs. Gabel asked why the City did it that way instead of following lot lines.
Mr. Johnson said he had talked to the City staff about whether he should go
for a rezoning or a variance and they suggested the variance, and then possibly
asking for a rezoning at a later date.
Mr. Plemel stated he felt a lot should be all one zoning.
Mr. David Curry, owner of the apartment building at 1200 - 72nd Avenue, came
forward to see what was being proposed, and asked if this building would result
in cleaning up this back yard. Mr. Johnson said the area where the storage
building will be is fairly well clean. He said they all have a problem in
keeping the area clean as the kids throw planks and tires, etc., around and
into the creek. He said there are also quite a few old Christmas trees down
there that came from the apartment building.
9
Mr. Curry agreed that they all have a problem in keeping the area clean. He
wanted to know if the storage building would be metal. Mr. Johnson said it
would be a 40 foot by 64 foot painted concrete block building with overhead
doors facing south and a loading dock on the east end. The side yard to the
north would be.sodded.
Mr. Curry asked why a screening fence wasn't installed. Mr. Johnson said
this had been talked about by the City, but it was determined that because
this area was so low, a 6 foot high fence wouldn't screen anything.
Mr. Curry stated he had no objection to the building but he would like
to see the area cleaned up and he felt it was partly his problem too.
Mr. Johnson stated it is everybody's problem along the creek but as debris gets
thrown into the creek, it floats down and stops at his location and he gets
blamed for it.
MOTION by Plemel, seconded by Gabel, to close the public hearing. Upon a voice
vote, there being no nays, the motion carried unanimously.
Mr. Plemel stated the hardship is the ambiguity of the zoning line and he
could see no objection to allowing the building.
MOTION by Plemel, seconded by Gabel, to recommend to the City Council, approval
of the variance. Upon a voice vote, there being no nays, the motion carried
unanimously.
3. A REQUEST FOR VARIANCES OF THE FRIDLEY CITY CODE AS FOLLOWS: SECTION 205.053,
\ 4B, 5A, TO REDUCE THE SETBACK FOR AN ACCESSORY BUILDING ON A CORNER LOT FROM
25 FEET TO 21 FEET, AND, SECTION 205.053, 4B, 5A, TO REDUCE THE SIDE YARD SETBACK
ON A CORNER LOT FROM 17.5 FEET TO 13.12 FEET, AND, SECTION 205.053,'3, TO INCREASE
THE LOT COVERAGE FROM 25 PERCENT TO 28.2 PERCENT, AND, SECTION 205.053, 4B, TO
REDUCE THE SIDE YARD SETBACK FROM 10 FEET TO 8 EtET, AND, SECTION 205.053, 2, B3_,
TO REDUCE THE AREA BETWEEN LIVING AREAS FROM 20 FEET rO 13 FEET, ALL TO PERMIT
THE CONSTRUCTION OF A DWELLING AND A DETACHED GARAGE TO BE LOCATED ON THE NORTH
10 FEET OF LOT 29, AND LOT 30, BLOCK 1, PLYMOUTH ADDITION, THE'SAME BEING 4885-
3RD STREET N.E., FRIDLEY, MINNESOTA. (REQUEST BY MR. FRANK•DIRCZ, 4875 -3RD
STREET N.E., FRIDLEY, MINNESOTA.)
Page 9
The Minutes of the Board of Appeals Subcommittee Meeting of April 23,.1974
MOTION by Gabel, seconded by Plemel, to waive reading the public hearing notice.
Upon a voice vote, there being no nays, the motion carried unanimously.
Mr. Frank Dircz was present to present his request. Mr. Dircz explained this is
a 45 foot by 120 foot corner lot that a lot split was approved on in 1970. He
said all of the variances asked for had been approved in 1969 and 1970 but he
did not realize at that time that they.were only good for 1 years time if the
construction did not begin. He said the only change in the variances this time
is that they are asking to build the house 2 feet wider so it will be 8 feet
from the side lot line and there will be 13 feet between the structures instead
of 15 feet as was approved. He said some houses in Columbia Heights are a lot
closer than that.
Chairwoman Wahlberg asked why he didn't build when the variances were first
approved. Mt. Dircz answered because of the money involved and also they
couldn't find a plan they liked for a 50 foot by 22 foot house. He said he lives
in the house next door and his son will be living in the proposed house:
Chairwoman Wahlberg asked if the surrounding area is all residential and if he
had talked to any of his neighbors. Mr. Dircz said it is all residential across
the street and he had talked to some neighbors and they had no objections.
Mr. Dircz asked why a variance is only approved for 1 year if you don't build.
Chairwoman Wahlberg answered she felt it was because new ordinances are
constantly being passed by the City and the State and if a variance did not have
a time limit on it, and if the construction was not completed or started within
a reasonable time, it may be way out of line with the Codes when it finally was
built.
Mr. Dircz explained the garage will exit onto the side street (49th Ave) and
there is a boulevard between the lot line.and the street so the variance -if approved
would create a traffic problem. He said they might put in a turn around also.
Mr. Plemel asked if they had any house plans drawn up. Mr. Dircz said they did
not, but they did have an appointment with the builder to draw up a 24 foot by
40 foot house.
Chairwoman Wahlberg said that unless you have plans, it might be premature to
grant the variances. She said conceivably you might come up with a plan that
could require additional or less variances. Mr. Dircz stated that they want a
24 foot by 40 foot house, the only changes they might make would be on the inside
or on the exterior finish.
Mr. Plemel asked if the front yard setback will be uniform with other houses on
3rd Street. Mr. Dircz said they all have the same setback.
Mr. Plemel said this is an area of moderately priced homes and asked what the
average frontage in the area was. Mr. Dircz answered that the normal is 80 feet.
Mr. Plemel said he could possibly see a problem in the closeness of the two
houses if after the house was built, one of them decided to. sell. Mr. Dircz
stated he has lived there quite a while and has no intention of selling.
MOTION by Plemel, seconded by Gabel, to close the public hearing. Upon a voice
vote, there being no nays, the motion carried unanimously.
Page 10
The Minutes of the Board of Appeals Subcommittee Meeting of April 23,1974
J Mr. Plemel stated that basically the only new variance is the two foot reduction
between structures. He said there have been no objections from the neighbors and
the houses are similar in the area. He said a lot split was granted so the lot
width and lot area variances are not necessary.
MOTION by Gabel, seconded by Plemel, to recommend to the City Council, approval
of all the variances. Upon a voice vote, there being no nays, the motion carried
unanimously.
4. DISCUSSION ON PROCEDURE FOR VARIANCES ON ADVERTISING SIGNS '
Mr. Mattson handed out the sample sign application, special permit forms, and a
letter from the City Attorney on information about advertising signs.
The Board agreed to review this information and have the discussion on it at
their next meeting when all the members could be present.
ADJOURNMENT:
The meeting was adjourned by Acting Chairwoman Wahlberg at 10:30 P.M.
Respectfully submitted,
Y1,1
,C
MARY HINT
Secretary
REGULAR COUNCIL MEETING OF MAY 6, 1974 PAGE 6
of a second accessory building as requested by D. W. Harstad Company
Incorporated for 7101 Highway #65, as there are no problems concerning this
construction and it would enhance the neighborhood. Seconded by Councilman
Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion
carried unanimously.
The City'Manager pointed out that this property abuts the Creek and he
would recommend the Council stipulate that the Creek area be maintained
and some measure be taken to prevent erosion of the creek banks.
Mr. Dick Johnson, D. W. Harstad Company, addressed the Council and said
they had been in contact with the Rice Creek Watershed District and had
not received any response from them at the present time.
A REQUEST FOR VARIANCES OF THE FRIDLEY CITY CODE AS FOLLOWS: SECTION
205.053, 4B, 5 A, TO REDUCE THE SETBACK FOR AN ACCESSORY BUILDING ON A
CORNER LOT FROM 25 FEET TO 21 FEET, AND, SECTION 205.053, 4B, 5 A, TO
\ REDUCE THE SIDE YARD SETBACK ON A CORNER LOT FROM 17.5 FEET TO 13.12
FEET, AND, SECTION 205.053, 3, TO INCREASE THE LOT COVERAGE FROM 25
PERCENT TO 28.2 PERCENT, AND, SECTION 205.053, 4B, TO REDUCE THE SIDE
YARD SETBACK FROM 10 FEEiTO 8 FEET, AND, SECTION 205.053, 2,-F3, TO
REDUCE THE AREA BETWEEN LIVING AREAS FROM 20 FEET TO 13 FEET, ALL TO
PERMIT THE CONSTRUCTION OF A DWELLING AND A DETACHED GARAGE TO BE
LOCATED ON THE NORTH 10 FEET OF LOT 29 T 30, BLOCK 1, PLYMOUTH
ADDITION, THE SAME REIN -3rd E , FRIDLEY, MINNESOTA
REQUEST BY MR. FRANK , 875-30 STREET N.E., FRIDLEY, MINNESOTA):
The City Manager said there had been some variances granted about a year
ago, -but this request does ask for additional variances and the original
requests which had been approved are no longer valid because a year has
lapsed. He explained this is a substandard lot and some of the reasoning
which had been applied to the first request should be reviewed in this
request.
Mayor Liebl stated that all of the lots in this area are 40 foot lots. He
asked if Mr. Dircz was present at the meeting.
Mr. Dircz stated the only additional variance request was to add two feet
to the construction which would involve the back yard set back.
Mayor Liebl asked if this lot would be 6,000 square feet. Councilman
Breider asked what the frontage of the lot would be. The City Manager
said all of the lots in this area are 40 foot lots, but most of the
residents have built on two of the•forty foot lots. The City Manager said
the new property line would be five feet from his house.
Mayor Liebl said there had not been any objections from the neighborhood.
MOTION by Councilman Nee to concur. with the recommendation of the Board of
Appeals and approve the variance requests made by Mr. Frank Dircz to allow
the construction of a single family dwelling and a detached garage at 4885-
3rd Street N. E. Seconded by Councilman Starwalt.
Mayor Liebl said it should be a matter of record that the Council had
concurred in these requests because there was no opposition to the requests,
the requests had been approved before and the property owner had maintained
the property for some time.
UPON A VOICE VOTE, all voting aye, Mayor Liebl declared the motion carried
unanimously.
MOTION by Councilman Breider to receive the minutes of the Board of Appeals
Meeting of April 23, 1974. Seconded by Councilman Utter. Upon.a voice vote,
all voting aye, Mayor Liebl declared the motion carried.
RECEIVING THE MINUTES OF THE BUILDING STANDARDS DESIGN CONTROL SUBCOMMITTEE
MEETING OF APRIL -25,1974.
CONSIDERATION_ OF A REQUEST TO CONSTRUCTA NEW BUILDING FOR THE PURPOSES OF
A LIBRARY: LOCATED ON THE NORTHWEST CORNER OF THE FORMER RIEDEL PROPERTY,
REGULAR COUNCIL MEETING•OF MAY 6, 1974
PAGE 5
Mr. Willey said at the time the vacation was requested previously, he had
requested that the full 30 feet be vacated. He added he would be willing
to dedicate a portion of the easement on the top of the slop for access to
the park area below. He said he would also dedicate the portion of the
property which extends over the slop and down the embankment, if the
City wished this area for the purposes of access. He said this would allow
or a 60 foot lot which would conform to the building code, and this would
eliminate the need for the requests of the many variances, and the problems
would be solved.
Mr. Willey said his first plan for the construction of the home was for a
two story home with a mansard roof which would make the structure look like
a one story home. Now, his plans were changed and he planned to build a
one and a half story home with a split entrance. He said this would be
more in line with the other buildings in the area. Mr. Willey said he
planned a substantial investment in the home and it would be equal to
or a greater investment than the remainder of the properties.
Mayor Liebl read the listing of the five requests for variances aloud to
the Council and said it would be practically impossible for the Council to
grant this many variances. He also read the letter sent to the City by
Mr. David Torkildson, Parks and Recreation Director, Anoka, concerning the
variance requests. He indicated the County had no objection to the granting
of the requests as this property would not be needed for park development in
this area.
MOTION by Councilman Utter to receive the letter from Mr. David Torkildson,
Director of Parks and Recreation, Anoka County, Minnesota dated April 15,
1974. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye,
Mayor Liebl declared the motion carried unanimously.
MOTION by Councilman Starwalt that the City Council concur with the recommenda-
tion of the Board of Appeals and deny the five requests for the variances
made by Mr. Craig Willey to build a residential home on a 40 foot lot, for
the same reasons that this request was recommended for denial by the Board
of Appeals (because of the opposition from the neighbors, the lot size, and
the number of variances asked for). Seconded by Councilman Nee. Upon a roll
call vote, Mayor Liebl voting aye, Councilman Utter voting aye, Councilman
Nee voting aye, Councilman Breider voting aye, and Councilman Starwalt
voting aye, Mayor Liebl declared the motion carried unanimously, and the
request for the five variances for Lot 1, Block 2, Oak Grove Addition to
Fridley Park denied.
The City Manager asked if there should be an explanation of why this had been
denied. Mayor Liebl said the records of the Board of Appeals meeting speak
for themselves.
Councilman Breider asked what the standard lot size is in this area,. The City
The City Manager said the minimum lot size is 60 feet. Councilman Breider
asked if the average lot size is about 80 feet and the City Manager said
yes, they run from 60 to 80 feet. Councilman Breider said approval of these
variances would set a strong precident. The City Manager agreed saying this
would be one of the smallest lots in the City.
Mayor Liebl asked the adjoining property owner, Mr. Dennis Drevniak, 6684
Fridley Street, what his front footage was. Mr. Drevniak said his is 80. feet.
A REQUEST FOR A VARIANCE OF SECTION 205.134, 6, FRIDLEY CITY CODE, TO REDUCE
THE DISTANCE BETWEEN A PERMITTED BUILDING AND AN R-3 ZONING DISTRICT FROM
50 FEET TO ZERO FEET TO ALLOW THE CONSTRUCTION OF AN ACCESSORY BUILDING ON
LOT 4, AUDITOR'S SUBDIVISION #89, THE SAME BEING 7101 HIGHWAY #65 N. E.,
FRIDLEY, MINNESOTA. REQUEST BY D. W. HARSTAD COMPANY INCORPORA ED, 7101
HIGHWAY #65 N. E., FRIDLEY MINNESOTA
The City Manager said this property was on the east side of T.H. #65.
MOTION by Councilman Starwalt to concur with the recommendation of the Board
of Appeals and approve the request for a variance to enable the construction