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VAR 03.83CITY OF FRIOLEY, 8431 UNIVERSITY AVE. NE. COMMISSION APPLICATION FRIOLEY, MN. 68438 REVIEW paoorkn Nu /Div sion mber Rev I FG -99 Approved by ENO/ ADDSSyA /e� FILE CAME COMPLETE REVIEW CHECKLIST q`-i��,� /�/ / RETURN TO PLANNING DUE CATE 3 COMMENTS B■ �f '' I Irl��'�Qt Capt �I l'�l P�.�/ �'dl'�d 5 owe w� C �� ®4� 6C�"►�1+, 5da M --Darrel Mark John Leon Leon c- C,,el Q EPpecE #4 �Ge�n.T #f 1 as,v4rD, 0,15 $v2F �,vvF� S�'i!� .0< w✓.f� v t ro, 09 fi Tdf A r VA dl - �-� -tri , /w v A eVr' �?A, rv.V p 4;, . F CITY OF FFIIOLKY, SUBJECT 8431 UNIVERSITY AVE. NIL FRIOLEY, MN. 5543e cell: WPW -3450 VARIANCES ADDRESS - � S� T� DATE ///-7� APPEALS COMMISSION: APPROVED DISAPPROVED DATE � 61r3 N0. CITY COUNCIL REVIEW: REQUIRED: YES CITY COUNCIL: APPROVED DISAPPROVED DATE NO. STIPULATIONS: A NAME.S=irar 14-1 11, -" , �. FEE /®O RECEIPT NO. JYff LOT. NO. BLOCK NO. LEGAL DESCRIPTION 3-f/,3Z> lr TRACT OR ADDITION C T®�S j_J.)`4}o� �o c4ti�iLl�/`LLe- VARIANCE REQUEST (S): (Attach plat or survey of property showing building, variances, etc., where applicable) le o Y�dre< Go �c• 4or & 'q%,44-°' 4t0�'L���� -fir© a-. iJ,e�0v -ta /3, 90 4-4r `TO 'r--fduct r-cc.� jia`a s<4-16ac/C ;v `� 7.2 y go s�j 3. I�'v r.kvi c e S ,`.c c yard -� N u �. 35 + C 7• K, redace fro -f 914Pol Grp-, si , t@ 32, List specific hardship(s) which requires the variances(s): �. pok4,,,o ,,-\r c)+ /—a+ �t-A /<t 'ek 4-ov h � � v�`i �.ra s -6�- " 4-17 c S c �'. ; 1/ f j, -c 4- It 3. 4h -.e The. d�®� W'Alr.-4 � N-�.F c.•B.i,s o'Li? dd/t(1j C 4�kl[eS% .e ` 6 DATi f -j , SIGNATURE ADDRESS 769/ 001-J "'11144441 Ay.d yr TELEPHONE NO. M VARIANCES FOR CITY USE ONLY ,. 5/22/83 Board members notified of meeting by List members, date notified, and "Yes" or pNo" for plans to attend hearing. Plan Name Date To Attend Gabel ,. Ge ro u Betzold rerson uwKing appeal ano the Wliowing property owners naving notified: _ Fume p +gkStar Homes, Inc. 7691 Central Avenue N.E. 55432 4-9n3 property witnin cuu Teet By Whom Pho�ai�r Mail I�Etified JA/M LuR X Krumwiedi, 455 4th Street N.E-- _ M/M Joseph Vaseeka_, 5427 4th Street N.E. M7M Michael O'Bannon-• 52.98 Fillmnre Street Richard Tkaczik - 12315 Gladiola N.W. Coon Rapids 5A33 James L. Peng.6 gest Logan, West St. Paul, 55118 - f Mr. & Mrs. Jain Pankaj, 6L80 Brookview Drive N.E. CITY OF FRIDLEY 6431 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA 55432 NOTICE OF PUBLIC HEARING tice is hereby given that the 11 conduct a Public Hearing in enue Northeast at 7:30 p.m. on llowing matter: TELEPHONE ( 612)571-3450 April 15, 1983 Appeals Commission of the City of Fridley the City Council Chambers at 6431 University Tuesday, April 26 , 1983 in regard to the Consideration of a request for variances pursuant to Chapter 205 of the Fridley City Code, to reduce the lot area requirement for a 4-plex from 15,000 square feet to 13,790 square feet, and reduce the rear yard setback from 32.5 feet (25% of the lot area) to 5 feet, and reduce the side yard setback from the required 35 feet to 7 feet, and reduce the front yard setback from the required 35 feet to 32 feet, to allow the construction of a 4 -unit building on Lots 28, 29 and 30, Block 11, Hamilton's Addition to Mechanicsville, the same being 5455 4th Street N.E. Notice is hereby given that all persons having an interest therein will be given the opportunity to be heard at the above time and place. PATRICIA GABEL CHAIRWOMAN APPEALS COMMISSION CITY OF FRIDLEY 4 NINNESOM •o NE: --M FILE NO. Df blank, or asterisked see cur ITEM ply Aloo:'/ Page of I U I L 0 1 N 6 P E R N 1 7 RE•IEV r REQUIRED ACTUAL I OK ov<• y f1rry�+moo>a5co per K Lot Coverage 3o Wo AI, ul s main Lot over 4 e� Front Vag et ac regu ar ideand 3etbac re u ar 15 it. W%dr , 5 ft. corner n ft. ear Yard Setback 35W ef lot e IAS+9'�Jr Or-�� District Yeparation -a-d-j. to sow district district a Tlb M ing-Appy-Ther • t ding Me ght stor 65 It. Parking Setback d** . s d-eed. 55 tit. rear yd. 5 ft. bldo. 5 It. L sire of stalls IU TL. X LU Ts. I (OK-7- umoer of StaTls YQ--, ui . (see code for additional oar per Z sleepin &,, . g� requirements) ateeting I per 4 seats iveway equ rements inters t or 2/ o of w angle C max. vision 2-1/2 ft -10 ft at 25 ft radii. 10 ft. curb oon . It. Driveway setback lot line S It. dg.f t. Curbing poured concrete Strip -ping uur ace blacktop/ hard surf. e useis up Location �rea�r yd./side _ Loading facility Locat ori n- rear yd.;_ ss Internal—Tr- ffic Pattern 'Traffis igning Necessary Landscaping plants (SEE PLAN) ard over. spc n s stem other water avT Greening roo equ p. outside storage rk to Ot loading area refuse vision safety COWNTS venae ¢F.% •c 11/11 ell alfa[A 30 -ayes 50'.4 R -1--2j, 1:160, 'fy' {� � r�zdePjff CITY OP FAIDLISYS1 I SUBJECT MPYN,630TA I BUILDING PERMIT REVIEW - F11.8 Not ^00moss 7b1165 &T• .g-r4,e rnet COMPLETE PEVIEW CHECKLIST gJS--cc-,3 ST RETURN TO BUILDING INSPECTION wa CiATE1 -59- &/ - COMMENTS BILLlaic OHN DARREL MARK 1s#v.s-+Z3-3o- 24- LEON6opfidowe, PqAdees evsf ArrAdw0i> ❑ POLICE' [] FIRE KENT' 14. .- - MLWIL MIMiNd OF MAY 16. 1983 pAGS 6 stipulation,if the sign is to be changed, the 'her is to come in for review the Appeals Commission. Seconded by Cot�ficilmap Fitzpatrick. Upon by,the a voice tote, all voting aye, Mayor Nee dec- ared theXpotion carried unanimously. VARIANCE M REDUCE THE IDT AREA REOUIREM M AND REDUCE THE IM6R YARD, SIDE YARD AND FRONT YARD SETBACK FOR THE CONSTRUCTI N OF A 4 -UNIT BUILDING AI -5455 4TH STREET N ` . ! LEI- BY STAR HOMES, INC. • Mr. Flora, Public Works Director, stated this request for construction of a four-plex includes four variances. He stated, when presented to the Appeals Commission, they felt that portion of property which was taken for highway purposes, and since turned back to the City, might be added to this parcel to increase the lot size. He pointed out, if this was done, it would eliminate the need for the variances of the lot size and the front yard, therefore, the Appeals Ccmunission denied these two variances. Mr. Flora stated the Appeals Commission did approve the variances for the rear and side yards, with the understanding the City work with the property owner to release the property which was turned back to the City. Mr. Flora stated the County is attempting for the first time a private sale of properties and offering these properties to adjoining property owners. He felt it might be appropriate for the City to have something similar, if they desire to transfer this property. MOTION by Councilman Fitzpatrick to reduce the lot area requirement from 15,000 squre feet to 13,790 squre feet; to reduce the rear yard setback from 32.5 feet to 5 feet; to reduce the side yard setback from the required 35 feet to 30 ft. and 7 feet; and to reduce the front yard setback from the required 35 feet to 32 feet. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Herrick, City Attorney, stated there are a number of situations where ry there is excess property that hasn't been used and turned back to the City. He stated the mechanics of conveying the property to the adjoining owners is fairly simple, but felt the Council should take a look at what policy they want to establish. Mr. Herrick stated there probably would be some title work involved and a ' check with the Public Works Department to see what property was originally taken. Mr. Qureshi, City Manager, stated he felt what the Appeals Commission implied was if this property isn't needed by the City, it should be given back to the property owner so it can be put back on the tax rolls. f Mr. Qureshi felt, as part of the variance, there should be a stipulation that if the city can legally provide this property to the owners, they would be willing to accept it. Mr. O'Bannon, the property owner, indicated this wouldn't be a problem and he would be willing to accept this property if the City can turn it back. i' MXTM by councilSchneider to set the public hearing on request for June 671983. Seconded by Councilman Hamernik. vote, all voting aye,, Mayor Nee declared the motion carried;' Mr. Flora, Public Works permit is to construct a of this property in order at this paticular time, building. Mr. Flora stated the P. recomnended approval. rezoning a voice ously, rector, stated this request for a special use 0 x 24 foot second accessory building to the rear to provide additional storage space. He stated, or a driveway for this ere are no plans d inn g Commission heard this request and has E NOTION by Councilman Schneider to concur with the recomendation of the Planning Commission and grant Spe,ial USe Permit, SP X83-02. Seconded by Councilman Barnette. Upon a voice`\vow, all voting aye, Mayor Nee declared the motion carried unanimously. Ims F�l�PPFAT G ISION ISINtY. — OF APRIL 26. 19R3: Mr. Flora, Public Works Director, stated i, variance was granted to the owner of Raffaele's to keep a restaurant fd sign on the roof of this establishment. He stated the owner has requesed this sign be allowed to t� remain. Mr. Flora stated th Appeals Commission felt thea was a hardship since the building is set far off University and does not ha good exposure to the highway. He stayed the Commission recamiended appr al of the variance and that the varian be made permanent to the present er and any subsequent owner should before the Appeals Commission or a review of the roof sign. Councilman pamernik questioned the fact about subsequent owners coming before the Appeals Commission, if there is a permanent hrdship at this establi t. Mr. Her ck, City Attorney, felt the Council would be hardpre'sed to grant a vari ce to the present owner and deny it to a future owner, 'assuming the situa on hadn't changed. Mr. Flora felt consideration should be given that the sign not be changed, unless it canes before the Appeals Camnission. MMON by Councilman Hamernik to concur with the recommendation of the Appeals Commission and grant the variance for the roof siqn, with the MOTION by Councilman Schneider to receive Commission Meeting of May 4, 1983. Seconded a voice vote, all voting aye, Mayor Nee unanimously. 6 CbWIDM TION OF MR. CHRIS ZMEVAROV' S WkLM Mr. Flora, R assessed to particular c Place and an to be develo PAGE 7 the minutes of the Planning by Councilman Barnette. Upon, declared the motion carried Pained that nnection char es,*ere Ac Works Director, g is property owned Mr. Zelevaro�`1 He stated, iA this a, there were two s� aarate connections\ one off Mississippi Iditional one on Riverview Terrace in oCder for this property as a condo. Mr. Flora stated\there was developed and'the adjacent property oh concessions were made. made for the property Mr. Qureshi, City connection charges policy to charge f or water system. were g'number of variances givenwhen,this property ppeals Commission worked hard with the developer and terse£ to find the best location' and a number of in"%both sides. He stated the stipulations that were eve not, as yet, been complied witty. stated tified. tion a whether the past owner should five constructed.,, -,`He stated Mr. Zel all the special assessments were He stated if it can be point connection charge, perhaps the r� t Mr. Herrick, Ci�y Attorney, stated the question is if, the Council feels the He pointed out;,this has en the City's the time someone hooks uto the sewer he felt the,problem arose ager confusion paid these charges when the, lines were arov bought, the property ana` supposedly paid, and assessed to the previous owner. out this is not an assessment, but a problem can be resolved. Mr. Qureshi, City Manager, stated the allocation of community development block grant funds under tIhe Federal jobs bill' could be used for any of the eligible programs set up i' the 1983 regulations for the CDBG Program. He stated staff has, therefore, made a recommendation to allocate Fridley's portion of these funds to St.',Philip's project. MOTION by Councilman Hamernik to allocate the community development block grant funds received under the jobs bill to St. Phillip's project. Seconded by Councilman Barnette. Upon,:a`,voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8a� CONSIDERATION OF TAX FORF'F•= /PROPERTY,, � `�' CITY OF FRIDLEY: Mr. Flora, Public Works", Director, reiewed the properties in the City scheduled for the County tax forfeit lan sale. MOTION by Councilman"Barnette to concur with the staff's recommendation concerning disposition of tax forfeit properties scheduled for the County's 1983 sale. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayorr Nee declared the motion carried unanimously. ICotIMii • IEE= OF My 16 1983 MOTION by Councilman Schneider to receive Commission Meeting of May 4, 1983. Seconded a voice vote, all voting aye, Mayor Nee unanimously. 6 CbWIDM TION OF MR. CHRIS ZMEVAROV' S WkLM Mr. Flora, R assessed to particular c Place and an to be develo PAGE 7 the minutes of the Planning by Councilman Barnette. Upon, declared the motion carried Pained that nnection char es,*ere Ac Works Director, g is property owned Mr. Zelevaro�`1 He stated, iA this a, there were two s� aarate connections\ one off Mississippi Iditional one on Riverview Terrace in oCder for this property as a condo. Mr. Flora stated\there was developed and'the adjacent property oh concessions were made. made for the property Mr. Qureshi, City connection charges policy to charge f or water system. were g'number of variances givenwhen,this property ppeals Commission worked hard with the developer and terse£ to find the best location' and a number of in"%both sides. He stated the stipulations that were eve not, as yet, been complied witty. stated tified. tion a whether the past owner should five constructed.,, -,`He stated Mr. Zel all the special assessments were He stated if it can be point connection charge, perhaps the r� t Mr. Herrick, Ci�y Attorney, stated the question is if, the Council feels the He pointed out;,this has en the City's the time someone hooks uto the sewer he felt the,problem arose ager confusion paid these charges when the, lines were arov bought, the property ana` supposedly paid, and assessed to the previous owner. out this is not an assessment, but a problem can be resolved. Mr. Qureshi, City Manager, stated the allocation of community development block grant funds under tIhe Federal jobs bill' could be used for any of the eligible programs set up i' the 1983 regulations for the CDBG Program. He stated staff has, therefore, made a recommendation to allocate Fridley's portion of these funds to St.',Philip's project. MOTION by Councilman Hamernik to allocate the community development block grant funds received under the jobs bill to St. Phillip's project. Seconded by Councilman Barnette. Upon,:a`,voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8a� CONSIDERATION OF TAX FORF'F•= /PROPERTY,, � `�' CITY OF FRIDLEY: Mr. Flora, Public Works", Director, reiewed the properties in the City scheduled for the County tax forfeit lan sale. MOTION by Councilman"Barnette to concur with the staff's recommendation concerning disposition of tax forfeit properties scheduled for the County's 1983 sale. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayorr Nee declared the motion carried unanimously. 10 MOTION by Councilman Hamernik to receive the bids. P[ANBOLDER BID BOND BASE BID ;. Allied Blacktop 10503 - 89th,,�,Avenue North 5% $179,9 .17 Maple Grove, 55369 �''' Bituminous Roaways 2825 Cedar Avenue 5% 183,533.57 Minneapolis, MN5 Midwest Paving &Z*W' cling Canpany, Inc. 6350 Industrial Dr a 58 $195,465.24 Eden Prairie, MN 553` 4 ' Batzer Construction, P.O. Box 1025 5% (Late Bid 11:15) St. Cloud, MN 56301 "` $190,006.87 Seconded by Councilman Sdi eider. Upon.,4L voice vote, all voting aye, Mayor Nee declared the notion cark4ed unanimously. Mr. Flora, Public Works Directr, stilted four bids were received for this sealcoating project ranging fr $10,000 to $195,000. He stated this was a joint bid with the cities ofinnbia Heights and New Brighton and, it was found that Allied Blacktop i,$'the low bidder and Fridley's portion is $52,925.12. k> Mr. Flora stated, in review "the pr�sQces received in this bid as compared with last year, the City sed about%$7,000. He felt even though the prices were lower this year than last ydqr, the joint bid process allowed additional savings. a, MOTION by Councilman Fitatrick to find th°kt Allied Blacktop is the low bidder and award the c, ntract to them in i�he amount of $52,925.12 for Fridley's portion of lis sealcoating proje8�. Seconded by Councilman Hamernik. Upon a voige vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to extend congratula ions to the staff for a job well-done and or participating in this joint bi 'ng process in order to realize a cavi, to the City. Seconded by Counci Fitzptarick. Upon a voice vote, all voting aye, Mayor Nee declared a motion carried unanimously. MOTION by Councilman Hamernik to adopt Resolution No. 48-1983. Se;onded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Appeals Commission Meeting - April 26,1983 I Paae 2 Mr. Clark said,the roof sin ("food and liquor") is much easier to see than the pylon sign ''Raeffele's). Ms. Gabel asked if they are looking at a review of extension or granting permanent varianci. Mr. Clark said the extension has expired and tie commission can set it �p for review whenever they want or deny it. Mr. Virgillo said hisbuilding is far off the road and the pylon does not benefit at all and t4 roof sign makes it much easier for people to find. Ms. Gabel said she recognized the proble and she is aware of it and the granting of extensions ip the past show here is a problem. Mr. Virgillo said he is working on a wall sign to be attached to the building -- canvas stapled to wood. Mr. PleM 1 asked if ere was a "reader" board and if it was legal. Mr. Clark said the sign in the A -frame was the "reader" sign and both signs combined mee the requ rement for square footage. Mr. Virgillo said he would like to leave hangs th way they are now. Ms. Gabel asked if the free-standing sign was le al and Mr. Clark said it was. She felt it would be best to have a wall sign an a sign on top to get coverage from University Avenue and there sh uld a some way to work this out so the petitioner does not have to kee co ing back for reviews and extensions. Mr. Clark felt the situation wou d of get any better and it possibly would get worse if something is built i front of the lot. Mr. Barna thought that could possibly bring in more busin ss if that happened. Ms. Gabel asked if the staff had any concerns and Mr Clark said they didn't as the sign is not obnoxious. She said they could a t a longer extension (5-10 years) and a permanent variance may be snap rop sate. Mr. Betzold felt the only thing that could happen is that the si uati n could get worse and he had no problems in granting a permanent varianc . . Barna felt development in the area would help business a little bi . Mr. irgillo said a 2 -story building (if it were built) would restrict he view. Mrs. Gerou said there is a definite hardship and she had no proble s with a permanent variance and Mr. Plemel concurred. MOTION by Mr. Barna, seconded by Mrs. Gerou, to close the public hearing. UPON A VOICE VOTE, ALL VOTIN AYE, CHAIRPERS GABEL DECLARED THE PUBLIC HEARING CLOSED AT 7:50 P.M. MOTION by Mr. Betzold, seco ded by Mr. Barna, t t the Appeals Commission recommend to the City Counc 1, through the Planni g Commission, approval of the variance request for a roof sign at 8290 Uni ,rsity Avenue N.E., Fridley, Minnesota, 55432, and that this variance be made pe nent to the present owner based on discussions that there is a definite hardship and the situa- tion is not going to cha a and that any subsequent owner shall be required to come before the Appeals Commission for a review. UPON A VOICE VOTE, ALL �YOTING AYE, CHAIRPERSON GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. REQUEST FOR VARIANCES PURSUANT 111 ral Avenue N.E.. Fridley, APTER 205 OF THE OR A 4-PLEX FROM YARD SETBACK FROM HE SIDE YARD SETB THE FRONT YARD S THE CONSTRUCTION ILTON'S ADDITION ' Request by Star 32). ITY CODE , FT. T 25OF - TNF RF- CHANICSVILLE s, Inc., 769 City of Fridley APPEALS COMMISSION MEETING - TUESDAY, APRIL 26, 1983 PAGE 1 CALL TO ORDER: Chairpersn bel called the Appeals Commi sion meeting of Tuesday, April 26, 1983 to o cer at 7:30 p.m. CALL Members Pkesent. . ` Patricia Gabel, Alex/ lex Barna, Jim Plemel, Jean Gerou, Donald Betzold. Members Ab'ent: None. Others Pre ent: Da e11 Clark ,City of Fridley Ralo S. Virgilio 8298 University Avenue N.E. Stev Butgusaim, 160 Kerry Lane Ken T ornton, 55 1 E. Bavarian Pass Rich a d Bev Th a zit, 12323 Gladiola N.W. APPROVAL OF INUTES OF MARC 22 19 3: MOTION by Mr Barna, seconded by M. Betzold, to approve the minutes as written. U N A VOICE VOTE, A L Y TING AYE, CHAIRPERSON GABEL DECLARED THE MOTION C RRIED UNANIMOUSLY. 1. REVIEW OF VA LANCE GRANTED FOR OOF SIGN AT 8290 UNIVERSITY AVENUE N.E. WHICH S OULD HAVE BEEN RUVIEWAPRIL, 1982. Request by Ralph Virgillo, Own r, Raffaele's Su per Club, 8290 University Avenue N.E.. Fridley, Mn 5 432). There was no Sta f Report t be read. MOTION by Mrs. rou, seco ded by Mr. Betzol -to open the public hearing. UPON A VOICE VOT , ALL VONG AYE, CHAIRPERSO GABEL DECLARED THE PUBLIC HEARING OPEN AT 7:30 P.M. Mr. Clark explain d that n 1978 the new owner w s issued a variance for the roof sign for two years; t was reviewed in the S ring of 1980 and another two-year extension was granted. He said in the Fa 1, 1980, Mr. Virgillo was the new owner and eques ed to put a new pylon sign That was granted with the stipulation th t he emove the roof sign. Mr. Y rgillo removed the roof sign and subsequently bu iness fell off, people were ving trouble finding the place, etc. Mr Virgillo's requested to have the Qof sign put up again was granted in Dece ber 1980, with the stipulation than it be reviewed in two years. Mr. Clar s id Mr. Virgillo is now asking for an extension to keep the roof sign. He said the pylon si n is 80 square feet and the roof sign if 96 square feet (176 sq. ft. total. Appeals Comtoission Meeting - April 26, 1983 Page 3 MOTION by Mrs. Gerou, seconded by Mr. Barna, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC HEARING OPEN AT 1:52 P.M. Chairperson Gabel read the Staff Report: ADMINISTRATIVE STAFF REPORT 5455 - 4th Street A.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.073. 1, A2, requires a lot area of not less than 15,000 square feet for a four family dwelling. Public purpose served by this requirement is to avoid the condition of over crowding of a residential neighborhood and to avoid an excess burden on the existing water and sewer services. Section 205.073. 4A, requires a front yard with a depth of not less than 35 feet. Public purpose served by this requirement 13 to allow for off-street parking without encroaching on the public right of way and also for aesthetic consideration to reduce the building *line of sight" encroachment into the neighbor's front yard. Section 205.073. 49 B3, requires a minimum side yard setback of 35 feet on the street side of a corner lot. Public purpose served by this requirement is to maintain adequate side yard setbacks and aesthetic open areas around residential structures. Section 205.073, 4C, requires a minimum rear yard depth of not less than 25 percent of the lot depth, with not less than 25 feet permitted or more than 40 feet required. Public purpose served by this requirement is to provide rear yard space to be used for green areas which enhance the neighborhood. B. STATED RARDSAIP: *Portions of the lot taken for highway have left the lot less than City requirements for a four unit building. Orienting the house to the south gives a better solar gain and best shields the living quarters from the freeway noise. The lot is a corner lot which requires additional setback distance.* 3. ADMINISTRATIVE STAFF REVIEW: Portions of lots 29 and 30 were taken for highway purposes when Ii694 was built. The land area prior to the taking would support a 4 unit dwelling. Existing impact of I#694 resulted in the proposal to be oriented so as to assimulate highway noise creating a more quiet, enjoyable space to the south of the building. Also, solar gain was more optimum. Presently, the City holds fee title to the area between this property and the service drive (area in cross -hatch). The land should be sold or vacated to compliment this project. Proper landscaping and drainage should be implemented. Existing garage should be removed by some date. Appeals Commission Meeting - April 26, 1983 Page4 Mr. Clark said his records show that the only variance was granted back in 1966 for a billboard. Mr. Clark wanted to re-emphasize that the City holds fee title to the area between this property and the service drive area and if it was turned over the front yard setback would be adequate and the side yard setback would be 5 feet (35 to 30 ft.) and rear yard setback would be down to 5 feet and that under the new code the owner can choose which is the frontage. Ms. Gabel asked if the City is willing to sell or vacate the land. Mr. Clark said the Council is do the process of studying what to do with the turnback property they have received and in most cases, the property is not that valuable. He said if the petitioner chooses south as the rear yard, the aidey side would-be the side yard and variance would be from 15 ft.'to 5 ft. Mr. Butgusaim said they worked with staff on these plans. He said they looked at several options and this plan allows for a nicer design and for them to use newer building concepts with solar gain. He said that Michael Bannon is the owner of the property and he plans to live in the building. He also felt this building would significantly beautify the area and fit closely with the unit across the alley and the garage would help block the freeway noise. He said they do plan to remove the existing garage (it is presently used as a storage building). Mr. Butgusaim said they would not impact the alley or the City and they are interested in having that piece of property. He said a 3 -unit building could be put on the property but the staff wanted to stay away from that. His plans also include greenery and shrubs and the 4 -unit is going to be organized as a condominium. Ms. Gabel did not think it feasible to build another square, 3 -unit building and felt a 4 -unit of thi"s design would benefit the City. Mr. Betzold,said assuming the variances are granted and the City decides to sell that piece of property, what if-Ahe petitioner does not purchase it. Mr. Butgasaim said he did not know about that situation. Mr. Clark said they would have to figure the value before taking and after taking and if the variance is granted, the property has very little value. Mr. Butgusaim felt the property value should be the same as when the City took the property. Ms. Gabel said it would be difficult to say a piece of land has no value and they have to deal with this situation as is as they have no way of knowing what will happen. Mr. Plemel said he was sure there was remuneration when the state took the land and if the land is not acquired, he did not see how someone could get into the garage with the present plans. Mr. Clark said if the City owns it, they can allow it. Ms. Gabel said if there were a vacation request on this land, it would be initiated by the City. Mr. Clark said this was different because the City became the fee owner; that it's possible the City could see to vacate it to the adjacent owner or say it has to be open for public auction. Mr. Butgusaim said staff informed them this is the way to proceed -- first for the variances and then for vacation after the unit it up. Mr. Clark said they did vacate across the freeway for the same type of reason. He said the area without the turnback is big enough for a 3-plex and with the turnback it is enough for a 4-plex. Mr. Betzold said it would be a shame to put a 3-plex in the area and have the City turn it back. Mr. Clark said they should know what the highway department gave the owner for the land and it should be given back for the same amount. r Appeals Commission Meeting - April 26, 1983 - Page 5 Mr. Thaczil was present. He owns the 6-plex to the east and just wanted to come and find out what is happening. Mr. Plemel asked if he needed a variance for his building. Mr. Thaczil said he purchased the other lot from the owner and had about a 3.5 foot variance from the freeway. Mr. Clark ask how far his garages were off the alleyway. Mr. Thaczil said they were 5 feet. Ms. Gabel asked him for comments. Mr. Thaczil said he was just concerned about the variances and wanted to know what was happening and it does not look like anything is going to hurt his property and the plans look nice. Mr. Metzold asked if there was anything they could do to get a reading from the City Attorney on the turnback or granting a variance subject to the turnback. Mr. Clark said if they granted variances subject to the turnback, it would possibly delay construction for this season and things move slowly in turnback situations and if they made it contingent it would mean he could not build for a while and suggested they could recommend variances and en- courage Council to do turnback as soon as possible. Ms. Gabel said there is no policy set and the time frame could be horrendous and they have to deal with what they have. Mr. Plemel said he did not like the idea of granting these variances when land could be obtained; Mrs. Gerou felt the same way. Mr. Barna said the lot is buildable for a 3-plex and if they build a 3-plex, that would nullify the -hardship. Mr. Butgusaim said it was a 4-plex lot when the land was taken and the hardship was created. Ms. Gabel said the Commission would like to explore the possiblity of obtaining the other piece of property but if the variances were denied it would be another 6 months before they could come back and ask for another one. She also said they could table the matter. Mr. Clark said they could grant the variances except for the turnback area and if the Council were to turn back this property they would only need two variances. Ms. Gabel felt it would make a mess for the petitioner. Mr. Barna said if the City holds onto the property and never turns it back, the petitioner would still be able to drive over it and if the possibility did not exist for the property go to back, they would still grant that variance. Mr. Thornton said they were just trying to do what the owner asked them to do -- get variances for a 4 -unit building as it would better for taxes than a 3 -unit building. Ms. Gabel said they are concerned with hardships and not taxes; that the variances for this are very largein number. She said they could grant the variances with the exception of the square footage and make a recommendation to the Council to review the possibility of vacating the other piece of property and there would a public hearing and the Planning Commission involved. Mr. Clark said only the Council and legal staff have power to do that. MOTION by Mr. Plemel, seconded by Mrs. Gerou, to close thepublic hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC HEARING CLOSED AT 8:50 P.M. Mr. Plemel wondered if the Commission would be criticized for granting variances with the possibility of acquiring more land. Mr. Betzold felt the turnback issue needed to be addressed and they could deny one variance and grant the others. Mr. Barna was prepared to go along with all four variances; there was a possibility with denying the area variance the turnback issue might not be looked at. Ms. Gabel said they could make it part of the motion that they are denying on the grounds that there is additional property which may become available. Appeals Commission Meeting - April 26, 1983 Page 6 MOTION by Mr. Barna, seconded by Mr. Betzold, that the Appeals Commission recommend to the City Council, through the Planning Commission,.denial of the variance requests to reduce the lot area requirement for a 4-plex from 15,000 sq. ft. to 13,790 sq. ft. and reduce the front yard setback (on 4th Street N.E.) from the required 35 feet to 32 feet, on Lots 28, 29 and 30, Block 11, Hamilton's Addition to Mechanicsville, the same being 5455 4th Street N.E., Fridley, Minnesota, 55432, on the grounds that additional property could be made available to the property owner. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Mr. Barna, seconded by Mr. Betzold, that the Appeals Commission recommend to the City Council, through the Planning Commission, approval of the variance requests to reduce the rear yard setback from 32.5 feet (25% of the lot area) to 5 feet and reduce the side yard setback from the required 35 feet to 3D feet to allow the construction of a'4 -unit building on Lots 28, 29 and 30, Block 11, Hamilton's Addition to Mechanicsville, the same being 5455 - 4th Street N.E., Fridley, Minnesota, 55432. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Betzold clarified the two motionsfurther as a request from the Commission to the City Council to review the turnback issue in this matter. OTHER BUSINESS: Election -of Chairperson and Vice Chairperson of Appeals Commission: MOTION by Mr. Plemel, seconded by Mr. Betzold, to nominate Patricia Gabel as Chairperson of the Appeals Commission. There being no other nominations, Patricia Gabel was elected Chairperson of the Appeals Commission by a unanimous vote. MOTION by Mr. Plemel, seconded by Mr. Betzold, to nominate Alex Barna for Vice Chairperson of the Appeals Commission. There being no other nominations, Alex Barna was elected Vice Chairperson of the Appeals Commission by a unanimous vote. ADJOURNMENT: MOTION by Mr. Barna, seconded by Mrs. Gerou, to adjourn. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE APPEALS COMMISSION MEETING OF APRIL 26, 1983 ADJOURNED AT 9:05 P.M. Respectfully submitted, Deb Niznik Recording Secretary CITY OF FRIDLEY 6431 UNIVERSITY AVENUE N.E.. FRIDLEY. MINNESOTA 55432 Star Homes 7691, Central Avenue N.E. Fridley, Mn 55432 TELEPHONE ( 612)571-3450 October 24, 1983 CITY COUNCIL ACTION TAKEN NOTICE On September 26, 1983 , the Fridley City Council officially approved your request for for a Lot -Split, L.S. #83-05, to Split Lots 28, 29. and 30, with the stipulations listed below: Block 11, Hamiltons Addition to ridley Park ifn din sites, the same bein 4Street N.E. 1. That there be no fences in rear yard on individual lot lines. 2. That there should be cooperative lawn maintenance. 3. That there be rear yard access easements to all properties. 4. Subject to the acceptance and execution of the covenant. 5. The excess property, if it is turned back, be accepted by the petitioner. If you have any questions regarding the above action, please call the Community Development Office at 571-3450. Sincerely, JERROLD`L. BOARDMAN JLB/de City Planner Please review the noted stipulations, sign the statement below, and return one copy to the City of Fridley. Concur with action taken. cc: Mike O'Bannon 5298 Fillmore Street N,E, 4 TH STREET NE. The wor lim d len ?Geed 29 N 1.35'38" W - 55.40' J y � 24.22' y 1 1 t9. J2 N N 0 � l -- -'Iwo ----- IO 1 I Al. I� I • la g r r I� I O 0 I M j a9.sr lO J y � 24.22' y 1 1 t9. J2 N N 0 ✓ l I IO � I Al. 120.1.' • la -� L r I� I O Y� e (—P I F a9.sr V I I I �O I pNo �1 �N NOb3'2A"E I 4.17 ME. I I 24.Is' J y � 24.22' y 1 1 t9. J2 N N 0 ✓ l I 24.20 � I Al. 120.1.' L . I I� I O Y� e (—P NO.09'44'E � V I I $'pct, �O pNo �1 �N 10� �PQp 0 I i 24.22' y y .o 'v 1 t9. J2 N N 0 ' NO.22'37"E-6173' 20.11 I 24.20 c I S Al. 120.1.' L I� I C Y� e (—P NO.09'44'E ly $'pct, �O pNo �1 �N NOb3'2A"E I 4.17 ME. I I 24.Is' 20.2' •12.50-E - I20.29 40.29' s.ve• 43.34' 2sor 29.17• N V I N S 1.39'41"E -119.64' ALLEY I I, O 9� 0� L 20.E I y I $ 1 t9. J2 20.11 c I S O 120.1.' 43.34' 2sor 29.17• N V I N S 1.39'41"E -119.64' ALLEY I I, O 9� 0� L `s L' Vf D C v OW lO O 0 L Y� e (—P L � b ME. EVENT: •SUM!1ARr• NAME: _ 5--rAlt 140f4f.5 ADDRESS: SS7I E. T3r4VAR��4A/� � COMPLETE DATE ST&V & RUT_ _ -& j ei6y S AU 574- 76-:39 PROPERTY: _! D r2r,?-2jy SAME BEING: S+TZS- = 4TH=iii PRIORITY S'rAOF roc K II ZONING: L.P.C. SENT L.P.C. SIGNED AND RETUR+NE0 L.P.C.L1 RETURNED L.P.C.L2 S ODD. PERFORMANCE BOND BOND EXP.: BOND RELEASED: 7C BOND IN: © N BLI P.B. IN BL 2 P.B. IN SIMLATIONS: See Attached COM-PLEZE LAivDSGigPitm # C -DATE INSP L1 INSP L2. INSP L3 _ INSP L4 INSP 2 3 4 S 6 7 8 9 12 _ 13 14 CITY COUNCIL ACTION: RE-P.0'J7E: CITY COUNCIL ACTION: RE-P.0'J7E: USURSAW lh ftg nw us Certificate of Survey for GTA R �Wlomlg INTERSTATE 0 f,jTuv,E P05SI&lr VAcA'rlvM T - Av;e of 3435 o Oenolef iron monumenl TOWL RREA.- 13j935 ;7-#. l7co- HWi Bron ai - 54A Rvenue ( 4r# Oral E 8� 'r ' 80. G2 ;:eel Scale: March 21, 1985 Property Owners and Developers Fridley, Minnesota RE: Anticipated completion of projects Dear Sir or Madam: Previously, action has been initiated to make several changes and improvements on your property. In conjunction with the City of Fridley, it has been agreed that specific items would be completed as specified on a time schedule. The date for the completion of these items is rapidly approaching. The City anticipates the completion of these items as scheduled. An inspection will be conducted approximately one week after the scheduled due date. Enclosed is a letter detailing the items to be completed and the completion date. If you have any questions regarding this matter, or if I can provide you any assistance, please contact me at the Fridley Civic Center, 571-3450. Thank you for your cooperation and your continued interest in the development of our community. Sincerely, PSD/mh 3/5/18/7 a Philip S.fiommer Planning Assistant PSD/mh 3/5/18/7 l . TFED UFE LNSURANCE COMPANY IIH tic'c llylid Avenue•. ti Ems. Cedar Rapids. lmva 52.1.07 Phase (31J)39.9-5700 GENERAL FORK STATI'S ISQL'IR1' rCity Clerk , February 25, 19J.6.. 6431 University Fridley, MN 55432. Our Bond No. 54-23085 L Star Homes J Contractor: Address: Fridley, Minnesota Reinsured's No. Description of Contract: Qradinq, atittPr nnrl l anAgiriGI ties' Apgll 54h,-- 198 5 Survey by Suburban F.nQ i n -pr i nq 4nr Of _Lots 138, Up 39 of Block 11, Hamilton's Additinn to Mint-hnnircville Owner City of Fridley, Minnesota Contract Price 3 3, 000. 00 Bond(s) f 3. non- nn Effective Date 5-27-83 %ithout prejudicing your right or effecting our liability under our bond(s) described above, we would appre- ciate such of the fulluwing information as is now available. Very tru lyours, By Bond Department I. IF CONTRACT COMPLETED, PLEASE STATE: Approximate date of completion of work(or final delivery) Approximate acceptance date Sits+Z+�• b ul( 11.1 I l Q S Final Contract Price f 2. IF CONTRACT UNCOMPLETED, PLEASE STATE: Approximate percentage or dollar amount of contract completed or delivered 3. Du you know of any unpaid bills for labor or material (Check) Yes No o / ,_ 4. Remarks: (1! any) 5� `^^ �� hge�, �q���oye.�l 't'� $k-'o� e( 11U understood that the information contained herein Is furnished as a Date Roy of courtesy for the confidential use of the surety and is merely an expression of opinion. It is also agreed that In furnishing this Infor- Owner.NY644 motion. no guaranty or warranty of accuracy or correctness tomade and no responsibility is assumed as • result of reliance by the surety. whether such information is furnished by the owner or by an architect By or engineer as the agent of the owner. II Title O 'Q E h -itrt c.liytn QN1 Address G 4 n 1 (A v, t V C Y y i J31 A V e r '41" ' M L, T5 K YL The language of this form is acceptable to The Surety Association of America UND-20266