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VAR 05.704 APPLICATION TO THE BOARD OF APPEALS AND CnV CGVNCIL FOR SPECIAL USE PERMIT, VARIANCE TV REQUYREMEhaS Olr CERTAIN. ORDINANCES OF THE CITY OF VAIDLE'Y (Applicant to complete items 1, 2, 3) -5Z0 7,4/0 1. Name and Address of Applicant jR• a,1tle d z ee-z. _moi 1AAJ 2. Legal Description of Property (also general location, such ns;"north- east corner of 64th Avenue and Sth Street1° or 6415 fifth Street") 3. Describe the variance requested. (At tach Flat or Sdr%fty of hoperty showing location of proposed building, etc., also ad,jointas properties and ownership within 200' of said property.) '%-6-,g o � f O.s ,d —' 4. Commento by administrative official denying original request for buildins parmit or other permit. (To be completed by adwin'_acrativa officiAl. Appropriate ordinances and section of ordinances to be cited.) C -2- S. Notice of Hearing appeared in Official Newspaper on the following dates:_ l Q af (must be at least once 10 days before meeting -= copy of notice to attached). 6. Hoard Members notified of meeting by • 1-nAy P, / 926 (List Members, Date Notified, and "Yes" or ' Nd' for plans to attend hearing). 0 1 7* person making appeal and the following property veneers staving property within 200' notifLad: By phone Notified by N Dace ori ll _ (Initial) k1ri, n n 1 l,,011 k d. The following Hoard Members and interested parties were psesant at the Hearing: BOARD MW88S r r ri ct9 61'Y `� .-3- OTHER PARTIES: NAME 9, opinions and recommendations by BOARD OFAPPEnALS: ADDRESS tl • 10. For Above Recommendations Against•Recommendations 11.-Iction by City Council and Date: Q.0 An 0 , I•, Iql 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 26, 1970 to consider the following matter: Requests for variances of Section 45.053, 4B, Subparagraph 4, to reduce the side yard width on the street side of a corner lot from 17.5 feet to 13.12 feet and Section 45.053, 1B, to reduce the minimum required lot area from 7,500 square feet to 6,116 square feet and Section 45.053, 4B, Subparagraph 4b, to reduce the sideyard requirement for an accessory building opening on a side street from 25 feet to 21 feet, to permit the construction of a dwelling and garage on Lot 30 and the Northern 10 feet of Lot 29, 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 desiring to be heard with reference to the above matter may be heard at this meeting. ROBERT A. MINISH CHAIRMAN BOARD OF APPEALS 6 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 26, 1970 to consider the following matter: Requests for variances of Section 45.053, 4B, Subparagraph 4, to reduce the side yard width on the street side of a corner lot from 17.5 feet to 13.12 feet and Section 45.053, 1B, to reduce the minimum required lot area from 7,500 square feet to 6,116 square feet and Section 45.053, 4B, Subparagraph 4b, to reduce the sideyard requirement for an accessory building opening on a side street from 25 feet to 21 feet, to permit the construction of a dwelling and garage on Lot 30 and the Northern 10 feet of Lot 29, 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 desiring to be heard with reference to the above matter may be heard at this meeting. ROBERT A. MINISH CHAIRMAN BOARD OF APPEALS JC 30 / t O Ili& r77 �ItplIv PIA 0 APPLICATION TO THE BOARD OF APPEALS AND CITY COUNCIL FOR SPECIAL USE PERMIT, VARIANCE IN REQUIREMENTS OF CERTAIN ORDINANCES OF THE CITY OF FRIDLEY (Applicant to complete items 1, 2, 3) 1. Name and Address of Applicant /�iFA�✓1i U IR (!- Z 2. Legal Description of Property (also general location, such ast" north- east corner of 64th Avenue and 5th Streeti9 or 6415 Fifth Street01) Lo -r �® i to 'Fe E0 of L_oi --,'9 , 1 / , i i- !21 Q � + Cf /4 ti —n a Aj %"tl E S A�Yi E `dtocr b� � N � '/f 26, -0"otj '9' iWi- € r 3. Describe the variance requested. (Attach Flat x! Suzy,-Sv of r-Tm7QG ty showing location of proposed bmiZding, etc., aloc, adjoiaias 77093rtie© and ownership within 200' of said property.) ac'l O?E&e- LoP_ ccs,6-?4 FKvPn J -a `%U i/67��� �a e� t1is rr3,tJc'� d = -,Ajc E A/ L'. ✓.it/� A�f.� s au ' roAa `2EC' •.2ge S-rR S. Sihf- C'ORA) tre LUi FK /,7 '/.a ' >-e ��/�./.t' ,26GI 'yS".�� R.Ebu e 40T 0EeR f. -C) ,jec►1tf-a)7- C,e • 76dO TO 3"P-20 E('i �s•�3 S,oe Y.446�Ed�c2a=J Fk /y TU ' ON/ Ek L s � i N I -ionic. 4. Comments by administrative official denying original 7squest for building permit or other permit. (To be completed by adminintrative ©fficial. Appropriate ordinances and section of ordinances to be t�Za 1.) /Qed,LLA L�PIa�SrC SI il t17��+ . R1ELS0-�i -Te-eoml: RA--o4z A)lu notice of I detest (=at be as attached), - 2 . tial Newspaper on the following i. Board Members notified of meeting by (Lbft Members, Date Notified, and - --a" CW 1111d, 96i pa" to attand heaarts$) , a Lam Plan to Attend M1tbla 2001 notified-. Rv-SKEI-L. LI NS ;2-:25 - 4 9 �a-^Q By Phone Toti f ied by Date orNoll (Bnitia l) Logo t -i a1 'AJ E aEoeG F- SPf�e #8W-Zkd Sr W,LLiAm w2Je/Ayl� The VotlovIng Board Members and interested parties were prema t at the Raartus s BOMD MER8 OAR PARTIES: wAka 9, opinLans and zecammeadations by BOARD OF APPEALS: w A tl ADDRESS RAa For Above Reccz—ma �eztions Against Recamendations Action by City ccTi c -f l r-,nd Date; 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 Chambers of the City Hall at 7:30 P.M. on Wednesday, June 25, 1969 to consider the following matter: A request for variances of Section 45.29 to reduce the lot width requirement from 50 feet to 45.12 feet, Section 45.29 (2c) to reduce the distance between living areas from 20 feet to 15 feet, Section 45.24 to reduce the sideyard requirement for the street side corner lot from 171 feet to 11.12 feet and Section 45.28 to reduce the lot area requirement from 7500 square feet to 5820 square feet and Section 45.23 to reduce the sideyard requirement, on existing home, from 10 feet to 5 feet to allow the applicant to split his lot and construct a salable home on Lot 30,North 10 feet of Lot 29, Block 1, Plymouth Addition, the same being part of 4875 -3rd Street N.E., Fridley, Minnesota. (Request by Frank Dircz, 4875 -3rd Street N.E., Fridley, Minnesota.) Anyone desiring to be heard with reference to the above matter may be heard at this meeting. PUBLSIH: June 11, 1969 DONALD MITTELSTADT CHAIRMAN BOARD OF APPEALS (Official publication) CITY OF FRIDLEY PUBLICHEARINGBEFORE THE i 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 Hallat 7:30 pm. on Wednesday, June 1069,•ip consider the following matter: A re,qnest for variances of Section 45M R` to re ee the lot width requirement from 50 feet to 45.12 feet, Section 45.29 (2c) to redpce the distance between living areas from 20 feet to 15 feet, Section 4$ 24 to''edace the sldeyard requirement for the'street side .corner lot from 17% feet to 11.12 feet and Section : 45.E to reduce'.- the lot area requirement from 75M *are feet to UM square feet and SecWi. 45.23 to reduce the sideyard re-, qulrement; on existing .home, from 10 feet to 5 feet to allow the applicant to split his lot and construct a salable home .on Lot 30. North 10 feet of Lot Dim, 48753rd StreetN.E., Fridley, Min- nesota.) Anyone,deairing to be heard with refer- ence% to the above matter may be heard atthis-meeting. DONALD MiTTEISTADT Chairman Board of Appeals j 1 ` i I i ' Y \ , C-7 17_ (2/7 --r cl a -b 71) �n > •'�- C - �p - a THE MINUTES OF THE BOARD OF APPEALS SUBCOMMITTEE MEETING OF MAY 26, 1970 The meeting was called to order at 7:38 P.M. by Chairman Minish. MEMBERS PRESENT: Minish, Ahonen, Drigans, Sondheimer MEMBERS ABSENT: O'Bannon OTHERS PRESENT: Al Bagstad - Building Official MOTION by Drigans to approve the minutes of the May 12, 1970 meeting as written. Seconded by Sondheimer. Upon a voice vote, there being no nays, the motion carried unanimously. Chairman Minish stated the request that was tabled at the last meeting, variance of Section 45.053,4B, Subparagraph 3, by Mr. Bruce Miller, 7872 Firwood Way N.E., went before the City Council on May 18, 1970, and was approved at that time. 1. REQUESTS FOR VARIANCES OF SECTION 45.053 4B SUBPARAGRAPH 4 TO REDUCE THE SIDEYARD WIDTH ON THE STREET SIDE OF A CORNER LOT FROM 17.5 FEET TO 13.12 FEET AND SECTION 45.053, 1B. TO REDUCE THE MINIMUM REQUIRED LOT AREA FROM 7,500 SQUARE FEET TO 6.116 SQUARE FEET AND SECTION 45.053 4B SUBPARAGRAPH 4B. TO REDUCE THE SIDEYARD REQUIREMENT FOR AN ACCESSORY BUILDING OPENING ON A SIDE STREET FROM 25 FEET TO 21 FEET, TO PERMIT THE CONSTRUCTION OF A DWELLING AND GARAGE ON LOT 30, AND THE NORTHERN 10 FEET OF LOT 29, 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.) Mr. Frank Dircz was present to present the requests. He explained that he had been before this Board in June of 1969 with 5 variances on the same land and the variances had been approved by the Board but denied by the Council. He has since been granted a lot split, on the land, by the City Council and is now before the Board with only 3 variances. The Board was shown a sketch of Lots 28, 29 & 30 which located the buildings that are presently on Lot 28 and part ji 29. Chairman Minish stated that Lot 30 was a tax forfeit lot that Mr. Dircz bought for back taxes and which he has kept up even though it was considered unbuildable. Mr. Dircz stated the taxes on the lot are now quite high and he would like to be able to build a house on it to sell. He stated further that he has cut down on the size of the house since last year's request and that he will maintain the 15 foot requirement between structures. MOTION by Ahonen to close the public hearing. Seconded by Drigans. Upon a voice vote, there being no nays, the motion carried unanimously. MOTION by Ahonen to approve the 3 variances for the following reasons: 1. Another variance was approved last year, prior to a granted lot split, and since then the Council has approved the lot split and this action is now necessary to make the lot buildable. The Minutes of the Board of Appeals Subcommittee Meeting of May 26, 1970 2. The building would not afford any traffic hazards as far as visibility is concerned. 3. The lot has been vacant for quite some time and the applicant has taken great pains to maintain the lot. 4. The building on the site would be an asset to the City and to the neighborhood. 5. There is no way in which the applicant could acquire any more land to add to the lot. Seconded by Sondheimer. Upon a voica: vote, there being no nays, the motion carried unanimously. 2. PUBLIC HEARING ORIGINALLY SCHEDULED FOR THE MEETING OF JUNE 93, 1970. A REQUEST FOR A VARIANCE OF SECTION 45.053 4A TO REDUCE THE REQUIRED FRONT YARD DEPTH FROM 35 FEET TO 23 FEET TO PERMIT THE CONSTRUCTION OF A DWELLING WITH AN ATTACHED GARAGE ON LOT 1. BLOCK 1. GIRDLER TERRACE ADDITION_ THE E. SWANSON, 1211 GARDENA AVENUE N.E. FRIDLEY MINNESOTA.) Chairman Minish explained to the Board that he had received a call from Mr. Harold Swanson asking if he could appear at tonights meeting with his request as he would like to start building as soon as possible. Chairman Minish had answered that Mr. Swanson could appear if he could acquire the signatures of all the property owners within 200 feet of his property, stating they had no objections to the request for the variance. Chairman Minish also told Mr. Swanson that the Board would receive the request but that they might not agree to act on it, at this meeting, as it was not the regular procedure. Mr. Swanson came forward and presented to the Board a petition signed by all the property owners, within 200 feet of his property, stating they had no objections to the variance. MOTION by Sondheimer to receive the petition. Seconded by Drigans. Upon a voice vote, there being no nays, the motion carried unanimously. Mr. Swanson explained they need the variance as the back of their lot is very steep and if they had to maintain the 35 foot setback, the house would be placed back behind the crest of the hill. This would mean hauling in a considerable amount of fill which would run into quite a bit of money. Mr. Swanson explained further that the house to the North of his lot is located completely behind his proposed house and the dwelling located on the second lot to the North is further back yet. He said the houses along Woody Lane have not been built with any standard setback, so their house would not be disrupting a straight line of homes if -they were allowed to build using a 23 foot setback. Page 2 The Minutes of the Board of Appeals Subcommittee Meeting of May 26, 1970 Pane 3 Chairman Minish stated the City Code does not state surrounding property owners have to be notified any specific time period in advance of a public hearing. He then asked the Board members if they had any objections to opening the public hearing on this request as all of the surrounding property owners had received notices of this request before they had all signed the petition. The members answered they had no objections. Chairman Minish then officially convened a public hearing on this request. Mr. Drigans asked Mr. Swanson if he had realized before, that he would need a variance before he could build on this lot. Mr. Swanson answered that the contractor had not staked the house on the lot beforehand, and when it was staked out with the required 35 foot setback, it was discovered that the fill would be necessary in order to build. MOTION by Ahonen to close the public hearing. Seconded by Drigans. Upon a voice vote, there being no nays, the motion carried unanimously. MOTION by Drigans to approve the request for the following reasons: 1. There is a hardship in the large amount of fill required to meet the present setback. 2. The surrounding homes do not maintain a standard setback. 3. The applicant has presented a petition signed by all of the surrounding property owners agreeing to the variance. Seconded by Ahouen. Upon a voice vote, there being no nays, the motion carried unanimously. The Board does agree that there should be at least 10 days notification of a public hearing before the meeting date. ADJOURNMENT: The meeting was adjourned at 8:38 P.M. by Chairman Minish. Respectfully submitted, MARY HINT (1Y Secretary THE MINUTES OF THE BOARD OF APPEALS MEETING OF JUNE 25, 1962 The meeting was called to order by Chairman Mittelstadt at 7:34 P.M. MEMBERS PRESENT: Mittelstadt, Ahonen, Minish, Harris, O'Bannon OTHERS PRESENT: Clarence Belisle -Building Inspector MOTION by O'Bannon to approve the minutes of June 4, 1969 as written. Seconded by Harris. Upon a voice vote, all voting aye, the motion carried unanimously. Mr. Frank Dircz was present to explain his plans to the Board. __The applicant was unable to get a copy of a survey of the property so a drawn diagram was presented to the Board, showing the existing lot lines, the proposed lot line, the present house and garage, and the proposed dwelling. Mr. Dircz explained to the Board members that he would not be able to build on this piece of land without the requested variances and unless he was allowed to build on this slot he would have to let it go back on the tax rolls as he could not afford the taxes on it. He thought he would be able to build a 24 foot by 36 or 38 foot dwelling on the lot if the variances were granted. He would face the proposed home toward 3rd Street to make the houses uniform. The proposed garage would be placed as far back on the lot as possible. MOTION by Minish to close the public hearing. Seconded by Ahonen. Upon a voice vote, all voting aye, the motion carried. MOT'TON by Minish to grant the requested variances for the following reasons; 1. In view of the assessments on the lot, a hardship would be created if the variances were not allowed as the lot would be unbuildable and possibly would go back on the tax rolls as tax forfeit land. 2. The applicant has maintained this corner lot even though it was unbuildable. 3. There were no objections from adjacent property owners. Seconded by Harris. Upon a voice vote, all voting aye, the motion carried unanimously. ADJOURNMENT : Chairman Mittelstadt adjourned the meeting at 9:20 P.M. Respectfully submitted, Mary Hintz Secretary REGULAR COUNCIL MEETING OF SEPTEMBER 2, 1969 PAGE 10 Councilman Harris said that asking for a rezoning on Parcel 9 -is unrealistic in the middle of the other lots. Mr. Barbush answered that they only started with Parcel 9 as 2, 3, 7 & 8 may become park land. He then asked the Council to wait with their decision upon the rezoning until all the facts are before them concerning the park land. 3. LOT SPLIT REQUEST BY FRANK DIRCZ, L.S. #69-20: Combine 10' of Lot 29 with Lot 30, Block 1, Plymouth Addition Mr. Gordon Jensen representing Mr. Frank Dircz explained that Mr. Dircz owned Lots 28, 29 and 30, Block 1, Plymouth Addition. The house is on Lots' 28 and 29 and Lot 30 was acquired in 1963. He is proposing to take 10' off Lot 29 and add to Lot 30, and has already obtained the necessary variances from the Board of Appeals. They were also approved by Council and do exist. As 49th Avenue is quite heavily travelled, the driveway would not exit on that street, but would probably exit onto 3rd Street. Mr. Dircz has gone around to the neighbors and obtained a petition in favor of the lot being developed. It is felt by the residents to be in their best interest to have a house on this lot. Mr. Dircz' parents are quite old and he would like to move them into a house close to him. He is now faced with payment of a $400 assessment, has had to maintain the land and would now like to use it. He then came forward and presented the Council with the petition. PETITION #37-1969 - IN FAVOR OF L.S. #69-20 BY FRANK DIRCZ: (Petition #37-1969 was received by the Council at the Meeting of August 18, 1969) Councilman Harris asked what the total area is that Mr. Dircz owns. Mr. Jensen said 115' X 128'. He said that there is plenty of side yard, and Mr. Dircz is willing to give easements as necessary for a driveway. The only problem he could foresee was that the neighbors would fear that by allowing a house here that the area could become a slum, but this problem has not materialized as shown by the petition in favor of the development of the lot. Councilman Liebl pointed out that most of the lots in that area are 401. There is some hardship shown, and since the Board of Appeals granted the variances, and the Council accepted the Minutes, he felt'that the Lot Split should be approved. Without the Lot Split, the land is useless. The Building Inspector would still have to go over any house plans submitted. This would help to clean up this area. MOTION by -Councilman Sheridan to grant the Lot'Split requested by Frank Dircz for splitting off 10' from Lot 29 and adding it to Lot 30 for the utiliza- tion of that lot, with the Administration to direct which way the house and garage will face. Seconded by Councilman Liebl. Upon a roll call vote, Liebl and Sheridan voting aye, Kirkham, Harris, and Samuelson voting nay, Mayor Kirkham declared the motion FAILED. DISCUSSION OF MINING PERMIT FOR LEONARD COCHRAN: -The City Attorney reported that he had drawn up the agreement as it appears in the Council Agenda. The agreement has already been signed by Mr. & Mrs. Cochran. As the Council knows there have been discussions with Mr. Cochran for some time. At the Council instructions, court action was started. REGULAR COUNCIL MEETING OF MAY 4, 1970 PAGE 13 �.. Mr. Richard Harris said that he was very much in favor of something going 4; into this piece of land. He asked about how large the loopback would be. 'Councilman Harris said it would have to be 250 feet from the street, and would be about 112 acre parcel. Mr. Richard Harris said that this would be another potential site for a gas station. The City Engineer pointed out that before a filling station could go in, the Council would have to grant a special use permit. Mr. Harris said that he was not quarreling with the loopback concept, but he wondered what would be done with these small parcels df land as more and more loopbacks are created. Mr. Jones asked how close the sign could be to University Avenue. The City Engineer said about 60 feet from the highway. Councilman Harris said that the sign ordinance would give him all the additional information he would need. MOTION by Councilman Breider to grant a special use permit to Mr,. Jones sub- ject to dedicating the three easements, submitting a registered land survey, the special use permit to be for three years, renewable up to five years, at which time the business will be considered permanent and he will be expected to comply with all the Code requirements, and with the understanding that he will not oppose the sewer, water and storm sewer improvements when they go in in the future. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. RECONSIDERATION OF BUILDING ON UNDERSIZED LOT, FRANK DIRCZ: (On Agenda ALt the request of Councilman Liebl) The City Engineer explained that Mr. Dircz owned three lots, and is trying to split them into two lots. He has a house on Lots 28 and -29 and he wants to split off 10 feet from Lot 30 and add to Lot 29 -to make..a lot 45.12 feet deep. The previous action by the Planning Commission was to deny the lot split, although the Board of Appeals approved of the variances. requested. Councilman Liebl pointed out that there was a petition from the neighboring residents in favor of his building a house on this lot. He said that as there was a member of the Board of Appeals in the audience, he would like to ask him why the Board of Appeals granted this request. „ Mr. Mike.O'Bannon said that when he was on the County Board he went to Mr. Dircz and asked him to buy this additional lot in an effort to get it cleaned up. At that time the taxes on Lot 30 were $20, now they are $109 for this year. He felt that any lot that is taxed for $109 should be.con- sidered a buildable lot. Mr. Dircz came before the Board of Appeals and asked if he could not put a small home on it. The Board of Appeals approved of his request, but from then on it was disapproved. Mr. O'Bannon felt that when being taxed to that extent, he should have the•right to use the property to some advantage to himself. Councilman Liebl said that the applicant plans to face the house toward 3rd Street, and the setback would be 35 feet. He did not feel that there would be any trouble with vision while driving. He said that he had inspected this site, and did favor this request last year. He said that he would not like to see Lot 30 go back on the tax forfeit list, and would urge recon- sideration. i e REGULAR COUNCIL MEETING OF MAY 4, 1970 PAGE 14 ► Councilman Sheridan said that he did not feel that the house should be closer than 17� feet from 49th Avenue for clear vision on any corner lot for the safety of the travelling public. This would mean that the house width could be only 20 feet. MOTION by Councilman Liebl to'grant the lot split requested by Mr. Frank Dircz on Lots 29 and 30, Block 1, Plymouth Addition, as shown on Page 73 of the May 4, 1970 Agenda. The motion was seconded and upon a voice vote, Breider, Liebl and Sheridan voting aye, Harris voting nay, Mayor Harris Pro tem declared the motion carried. It.was agreed that Mr. Dircz was to re -apply for the variances needed with the Board of Appeals. DISCUSSION REGARDING FENCING ON THE NORTH SIDE OF COUNTRY KITCHEN RESTAURANT: The City Engineer explained that the Council approved the plans for Country Kitchen previously, including a 3' high fence along the north side of the property. Now there is a request from the property owner to the north that the fencb should be 6' high. Country Kitchen is willing to build it, but they are not actually in favor of it, and want to be assured that there will not be other similar requests. The property owner to the north has insisted on the 6' high fence and he did not want them to come back in later saying that the fence looks terrible. Mr. Arthur Lindquist, Country Kitchen said that they have offered the City, several dispensations. They have directed their personnel to keep the drapes closed on that side of the building, and have also changed the location of the fence slightly so that it would be actually 4' above the ground level. He said that they will agree, but they do object, as it is felt that this will obstruct the view coming down University Avenue. Councilman Harris said that he would not favor the fence 6' high in view of the rezoning that just passed on the property to the north. 'Mr. Lindquist added that the refuse containers are enclosed in a 6' high redwood fence. The City Engineer added that there would also be plantings in addition to the 3' fence. Mr. Max Hapka said that they moved into this area in 1964 and thought that it would be a residential area. They also rebuilt after the tornado. He said that he was'not against progress, but they did want their privacy. He said that he did not see why when this was planned, they were not told. He said that they were also left out of the Hyde Park rezoning notices. He said that he was the owner of the property. Councilman Liebl said that they were on the mailing list, as he remembered seeing their names. Mrs. Hapka added that there are big windows in Country Kitchen that face their yard. A 3' fence will not keep people from looking right into her yard. She added that Holiday Car Care Center has a 6' fence. She felt that anyone in the restaurant could watch them in their home. Councilman Harris pointed out that it would be poor planning for every business all up University Avenue in the newly rezoned area to put up 6' fences all around their property. Mrs. Hapka pointed out that there usually is not a residence across the street. Councilman Sheridan said that it was the policy of the Council to not put a fence on a street side. If it was an alley, or the back of the�oit would be a different matter. REGULAR COUNCIL MEETING'OF JUNE 1, 1970 PAGE 8 MOTION by Councilman Sheridan to receive the Minutes of the Building Standards - Desi,gn.Control Subcommittee Meeting of May 21, 1970. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. RECEIVING THE MINUTES OF THE BOARD OF APPEALS MEETING OF MAY 26, 1970: 1. REQUESTS FOR VARIANCES OF SECTION 45.053, 4B, SUBPARAGRAPH 4, TO REDUCE THE SIDEYARD WIDTH ON THE STREET SIDE -OF A CORNER LOT FROM 17.5 FEET TO 13.12 FEET AND SECTION 45.053, 1B, TO REDUCE THE MINIMUM REQUIRED LOT AREA FROM 7,500 SQUARE FEET TO 6,116 SQUARE FEET AND SECTION 45.053, 4B, SUBPARAGRAPH 4B, TO REDUCE THE SIDEYARD RE2UIREMENT FOR AN ACCESSORY BUILDING OPENING ON A SIDE STREET FROM 25 FEET TO 21 FEET TO PERMIT THE CONSTRUCTION OF A DWELLING AND GARAGE ON LOT 301, AND THE NORTHERN 10 FEET OF LOT 29, BLOCK 1, PLYMOUTH ADDITION, THE SAME BEING 885 3RD STREET N E , FRIDLEY, MINNESOTA.. (REQUEST BY MR. FRANK DIRCZ, 4875 3RD STREET N.E., FRIDLEY, MINNESOTA): The City Engineer said that this is a lot which was discussed previously when a lot split was granted by the Council. The property is owned by the adjacent property owner. The Board of Appeals recommended approval. He pointed out that this would be setting a precedent for a 45' lot. MOTION by Councilman Liebl to approve the variances requested by Mr. Frank Dircz. Seconded by Councilman Sheridan for discussion. Councilman Sheridan said that at the previous discussion he indicated that the side yard should be 17 feet. This request is for 13.12 feet. His reason for the 17 feet was for clear vision. Councilman Liebl said that he had gone down there and the street is very wide and there should be no problem with vision. He pointed out that none of the neighbors objected to it. The City Engineer showed the plot plan at the Council table. THE VOTE UPON THE MOTION, being a voice vote, all voting aye, Mayor Kirkham declared the motion carried. 2. A REOUEST FOR A VARIANCE OF SECTION 45.053, 4A, TO REDUCE THE REQUIRED FRONT YARD DEPTH FROM 35 FEET TO 23 FEET TO PERMIT THE CONSTRUCTION OF A DWELLING WITH -AN ATTACHED G42AGE ON LOT 1, BLOCK 1, GIRDLER TERRACE 'ADDITION, THE SAME BEING 6064 -WOODY LAND N.E., FRIDLEY, MINNESOTA. (REQUEST BY MR. HAROLD E. SWANSON, 1211 GARDENA AVENUE N.E., FRIDLEY, MINNESOTA): The City Engineer said that this request is for a front yard variance from 35 feet to 23 feet on Woody Lane. Mr. Swanson had a petition signed by about 15 property owners in the area saying that they had no objection. The B9asrd opf Appeals recommended approval. This is an odd lot, and some of the existing homes are set quite far back on the lots. MOTION by Councilman Sheridan to approve the variance requested by Mr. Harold Swanson as recommended by the Board of Appeals. Seconded by Council- man Liebl. Upon a.voice vote, all voting aye, Mayor Kirkham declared the motion carried.