VAR 94-10STATE OF MINNESOTA ) • • CITY COUNCIL PROCEEDINGS
s
COUNTY OF ANOKA ) VARIANCE
CITY OF FRIDLEY )
In the Matter Of: a variance. VAR 494-10
Owner: Charles V. Westling 1195285
The above entitled matter came before the City Council of the City of Fridley
and was heard on the 25th day of July , 19 94 , .on a petition
for a variance pursuant to the City of Fridley's Zoning Ordinance, for the
following described property:
To reduce the front yard setback from 35 feet to 4 feet for accessory buildings,
and from 35 feet to 18 feet -for dwelling structures along the westerly line to
allow for the construction of a four-plex and a five car garage, on Lots 6 - 16,
Block 12, Hamilton's Addition to Mechanicsville, generally located at 5400 - 4th
Street N.E. 3q -009a
(7U�j3 92
IT IS ORDERED that a variance be granted as upon the following conditions or.
reasons:
Approval is contingent upon three stipulations. See City Council meeting minutes
of July 25, 1994.
STATE OF MINNESOTA )
COUNTY OF ANOKA )
CITY OF FRIDLEY )
OFFICE OF THE CITY CLERK
I, William A. Champa, City Clerk for the City of Fridley, with *and in for
said City of Fridley, do hereby certify that I have compared the foregoing
copy and Order granting a variance with the original record thereof preserved
in my office, and have found the same to be a correct and true transcript of
the whole thereof.
IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at the City of
Fridley, Minnesota, in the County of Anoka on the -ZU day of
a�l0-4 , 1955
DRAFTED BY:
City of Fridley
6431 University Avenue N.E.
Fridley, MN 55432ow
;-
William A. Champa, Cityr Cl. C ..... V `
Variances are valid for a period of one year following appro3�°incl `hll 1
considered void if not used within that period. P, �•,r
r6.
A.
JUNE 29, 1994•
WESTLING):
Councilman Billings ed that Council consider the next item which
is a variance for, -this property before considering the lot split.
MOTION by pouncilman Billings to table this item until the variance
request, VAR #94-10, is considered. Seconded by Councilman
Schneider. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
7. RECEIVE AN ITEM FROM THE APPEALS COMMISSION MEETING OF
JULY 12, 1994•
A. VARIANCE.REOUEST, VAR #94-10, BY CHARLES WESTLING, TO REDUCE
THE FRONT YARD SETBACK FROM 35 FEET TO 5 FEET TO ALLOW THE
CONSTRUCTION OF A FIVE CAR GARAGE, .AND FROM 35 FEET TO 18 FEET
FOR •CONSTRUCTION OF A FOUR-PLEX, GENERALLY LOCATED AT 5400
FOURTH STREET N.E.:
Ms. Dacy, Community Development Director, stated that this is a
request for two variances. She stated that the petitioner is
proposing to split this parcel into two lots. She stated that the
lot is "double -fronted;" two property lines abut public rights-of-
way. She stated that the "rear" property line diagonally abuts
I-694.
Ms. Dacy stated that the Appeals Commission recommended approval
of.this variance with two stipulations,'which she outlined.
Councilman Billings stated that the Appeals Commission noted that
there are five garages for the four-plex with one of the garages
to be used for a shop. He stated that he does not have a problem
with it being used for a shop as long as it is understood that it
is a home workshop and not intended to be used for commercial
purposes other than those purposes related to the four-plex.
Ms. Dacy stated that the petitioner stated that the garage was for
his home hobby, and he intended to live in the four-plex. She
stated that it was conveyed to him that this garage would be for
his personal use, and other permits would be needed if he intended
to use this for a home occupation.
Mr. Westling, the petitioner, stated that he currently resides at
125 76th Way, and now has a shop behind his garage. He stated that
he makes woodworking items, and this garage would be exactly like
the other except it would be insulated.
FRIDLEY CITY COUNCIL MEETING OF JULY 25, 1994 PAGE 14
Councilman Billings stated that from his calculations, it would
appear that a variance to four feet is needed.
Ms. Dacy stated that if only one additional foot is involved, she
did not think changing this to four feet would be contrary to the
Appeals Commission's decision.
MOTION by Councilman Billings to grant Variance Request,
VAR #94-10, to reduce the front yard setback from 35 feet to 5 feet
to allow the construction of a five car garage, and from 35 feet
to 18 feet, for construction of a four-plex, with the following
stipulations: (1) Lot Split Request, L.S. #94-01, shall be
approved; and (2) the petitioner shall provide a hard surface
driveway by June 1, 1995. Seconded by Councilman Schneider.
MOTION by Councilman Billings to amend Variance Request,
VAR #94-10, by changing the wording to read: "to reduce the front
yard setback from 35 feet to 4 feet for accessory buildings, and
from 35 feet to 18 feet for dwelling structures along the westerly
line to allow for the construction of a four-plex and a five car
garage. Seconded by Councilwoman Bolkcom. Upon a voice vote,. all
voting aye, Mayor Nee declared the motion carried unanimously.
MOTION by Councilman Billings to add an additional stipulation to
Variance Request, VAR #94-10, as follows: (3) any accessory
buildings on the property are to be used for traditional residen-
tial uses and, if one is used for a shop, that it is used for the
maintenance of the four-plex, a hobby, and other miscellaneous
purposes, but not to be construed to be used for a home occupation.
Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and
Mayor Nee declared the motion carried unanimously.
W
JUNE 29, 1994:
A.
Mayor Nee removed this item from t 'table.
Ms. Dacy, Community Developm Director, stated that this is a
request for a lot split to s 'it a triangular parcel located at the
intersection of 54th Av ue and Fourth Street into two parcels.
She stated that the P ning Commission recommended approval with
five stipulations. _
Ms. Dacy state that there was an issue regarding parking along
Fourth Stre brought up at the Appeals Commission meeting. She
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DOCUMENTN• '
1195285.0 ABSTRACT
ANOKA COUNTY MINNESOTA
I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS FILED IN THIS OFFICE
FOR RECORD ON DEC 07 95
AT 4:30 PM
FEES AND TAXES IN THE AMOUNT OF AND WAS DULY RECORDED.
$19.50 PAID.
RECEIPT NO. 95061040
EDWARD M. TRESKA
ANOKA COUNTY PROPERTY TAX ADMINISTRATOR/RECORDER/REGISTRAR OF TITLES
BY EIC
DEPUTY PROPERTY TAX ADMINISTRATOR/RECORDER/REGISTRAR OF TITLES