VAR 11.67APPLICATION TO THE BOARD OF APPEALS AND CITT,COUNCIL
FOR SPECIAL USE $ERMIT, VARIANCE IN REQUIREMENTS 01'
CERTAIN ORDINANCES OF THE CITY OF FRIDLEY
(Applicant to complete items 1, 2, 3)
1. Name and Address of Applicant
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2. Legal Description of Property (also general location, such as;'fnorth-
east corner of 64th Avenue and 5th Street' or 6415 Fifth Street")
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3. Descr*be the variance requested. (attach plat or Survey of Property
showing location of proposed building, atci, also adjoining properties
and ownership within 200' of said property:)
Section 45.391 — See notice for waiver
descript �n.
AAA af haeffiipd fnr abiii-i- j„nQ rnniPa=ers.
4. Comments by administrative official denying original request for building
permit or other permit. (To be completed by administrative official.
Appropriate ordinances and section of ordinances to be cited.)
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5. Notice of Hearing appeared in Official Newspaper on the following
dates: Qct -ober 20 k 270 1967
(must be at least once 10 days before meeting -- copy of notice to be
attached).
6. Board Members aotified of meeting by mailing of notice - 10-23-67
(List Members, Date Notified, and "Yes" or "No" for plans to attend
hearing). a
NameDate Plan to Attend
,7
All members notified by mailing of notice 10-23-67
7. Person making appeal and the following property owners having property
within 200' notified:
By Phone Notified by
Name Date or Mail (Initial)
Mr_ William McClish. 6549 Fridley Street Northeast 10-23-67
utingpreperrty amerst��A-23-67
8. The Following Board Members and interested parties were present at the
Hearing; November 1, 1967
BOARD MEMBERS
..........
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CE RTIFICATE OF SURVEY
JAMES L. KURTH
LAID SURVEYOR
4201 N. E. 5TH STREET
COLUMBIA HEIGHTS 55421 J 788-5004
1 HEREBY CERTIFY THAT THIS SURVEY, PLAN. OR REPORT WAS PREPARED BY ME OR'UNDER MY DIRECT SUPERVISION
AND THAT i AM A DULY REGISTERED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF MINNESOTA
DATE
Permit #4746 SCALE 1" 30"
MINNESO A REGISTRATION NO. 5332 1960 for 53?0 0 =IRON MONUMENT
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OFFICIAL PUBLICATION
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 o'clock P.M., Wednesday, November 18 1967, to
consider the following utter:
A request for a variance from Section 45.391, City
Code of Fridley, Minnesota 1963, revised December 31,
1965, by waiver of requirements or provisions relating
to the construction of a one -family dwelling on the
South one-half of Lot 4, and all of Lot 5, Block 14,
Hamilton's Addition to Mechanicsville, Anoka County,
Minnesota which property is actually a portion of
land described in legal description on which Permit
#4746 was issued to construct a 3 -family structure
at 5370 - 5th Street Northeast, Fridley, Minnesota.
Certificate of Survey, dated August 8, 1967. (Request
by William McClish, 6549 Fridley Street Northeast,
Fridley, Minnesota 55421).
Anyone desiring to be heard with reference to the above matter will
be heard at this meeting. Robert E. Ylinen
CHAIRMAN
Publish: October 20, 1967 BOARD OF APPEALS
October 270 1967
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CERTIFICATE
OF
SURVEY
JAMES L. KURTH
LAND SURVEYOR
4201 N. E. 5TH STREET
COLUMBIA HEIGHTS 55421
788-5004
1 HEREBY CERTIFY THAT THIS SURVEY,
PLAN, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION
AND THAT 1 AM A DULY REGISTERED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF MINNESOTA.
DATE� �. $ , 19fe'?
SCALE
MINNESQyA REGISTRATION
NO. 5332
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Survey of
S1 of Lot 4,
and all of Lot 5, Block 14,
Hamilton's Addition
to Mechanicsville,
Anoka Cotnty, Minnesota.
A, REGULAR COUNCIL 11EETING, NOVP;riBER 20, 1967
PAGE I
2. CONSIDERATION OF TIIE ANOKA COUNTY ICE ARENA PLANS:
The City Engineer said that the. amount of land is small for the type of
facility that is being planned, and there is no storm sewer. He said that
water will be draining from tt'e southeast corner onto City property, and
he feels that the County should acquire more property so they can contain
their own water. The CityEngineer showed the Council a map of the park
and showed the way that it will expand. Councilman Samuelson asked how
the area complies Witt' the Ordinance. The City Engineer said that it
would comply if there was a complete storm sewer system, but as such, it
does not, and they should have more area so that all the water is con-
tained on their property. He said this *should be impressed upon them.
MOTION by Councilman Sheridan to refer this item to the Administration
for their recommendation to the Council regarding the Anoka County Ice
Arena. The motion was seconded, and upon a voice vote, there being no
nays, Mayor Kirkham declared the motion carried.
MOTION by Councilman Samuelson to receive the Minutes of the Building
Standards - Design Control Subcommittee Meeting of November 7, 1967.
Seconded by Councilman Liebl. Upon a voice vote, there being no nays,
Mayor Kirldiam declared the motion carried.
THE MINUTES OF THE BOARD OF APPEALS MEETING, NOVEMBER S, _1967-
1. RE L'FQ ;ST FORA VARIANCE FROM SECTION 45.391, BY WAIVER O REQUIREMENTS
OF PROVISIONS RELATING TO THE, CONSTRUCTION0-P A ONE -FAMILY DI -TELLING
BLOCY 14 HAMILTON`S
ON THE SOUTH ONT-HALF OF LOT 4, AND ALL OF LOT 5, 7DTI.Y
ADDITION TO MF.CIiANICSVILLE .
REQUEST BY WILLIAM MCCLISH, 6549 FI:
STREET NE' O:THEAST�FRIDLEX MINNESOTA 55�'����
a The City Engineer said that there is still a problem with .this lot. He
said that there is a garage which was built for the tri-plex, which
Mr. McClish will use for his land, which leaves the problem of parking
for the tri-plex, and the tri-plex cannot be forced to provide parking.
The City Attorney said that he had received a letter frim Mr. Wargo
that at one time all this land was owned'by'Mr. McClish. There Was a
discussion between the City Attorney and Mr. McClish about the dates at
which he acquired the different lots and whom he acquired them from. The
City Attorney's figures sho-,•7ed that, although Mr. McClish acquired the
property at different times, at one time he held title to all the different
parcels. The City Manager suggested that the City Attorney could be
directed to see if there was some procedure that could be enforced by the
County Authorities, N•71lereby a certificate from the Buildi.nc- Inspector
would be required in the case of a lot split. Councilman Samuelson said
he agreed with this. Councilman Sheridan said t1jaL when the original
request carne in, it showed three parcels, but the owner had not owned one
of these lots. Councilman Liebl asked Mr. McCli.sh to came to the Council
table and show whc�ro these lots Were situated on the map. There was a
long discussion of the different possibilities at the Council table.
REGULAR COUNCIL MEETING, NOVEMBER: 20, 1967 PAGE 13
Mr. McClish was asked if he would be willing to deed 1.5 feet of land to the
tri-plex if he were alloi,7cd to build on a 45 foot lot. Mr. McClish said
that he would if the owner were willing to pay the back taxes on it. Mayor
Kirkham suggested that if he would try and negotiate this with the owner of
the tri-plex, and give him 15 feet, and the Council allowed him to build
on the 45 foot lot, he could still maintain his 10 feet side yard require-
ments, and this may be a satisfactory compromise. Councilman Sheridan said
that they could also wort: out a driveway easement regarding the garage.
The City Engineer suggested that the problem of the required four paved
parking areas for off-street parking for the tri-plex could be solved at this
time also. Councilman Sheridan said this would be fine, but the agreement
should not be contingent on solving this problem. Mayor Kirkham suggested
they get together with the City Manager and try to work out an agreement.
Mayor Kirkham said that the Council does not need to take action this
evening, but that it can be turned over to the Administration to come up
with a reasonable solution.
i MOTION by Councilman Sheridan to receive the Minutes of the Board of Appeals
Meeting of November 8, 1967. Seconded by Councilman Liebl. Upon a voice
vote, there being no nays, Mayor Kirkham declared the diotion carried.
PLANNING COMMISS101I PE,,ETING MINUTES, NOVEMBER 9, 1967:
1. INTERSECTION PATTERN:_ MISSISSIPPI STREET AND EAST RIVED. ROAD, BOB'S
PRODUCE RANCH:
Mr. Schroer was present at the Council Meeting and came to the Council
Meeting and came to the Council table while the Council looked at his
new plan for his property at the intersection of Mississippi Street and
East River Road. The plan is to go to the Plats & Subdivisions - Streets
& Utilities Subcommittee and will come back to the Council with their
recommendations.
2. PROPOSED PLANNED DEVELOPMENT: INNSBRUCK.NORTH, ACRES, INC:
MOTION by Councilman Sheridan to set the Public Hearing for the rezoning
(ZOA #67-14) proposed Planned Development for Innsbruck North by Acres, Inc.
for December 11, 1967. Seconded by Councilman Samuelson. Upon a voice
vote, there being no nays, Mayor Kirkham declared the motion carried.
MOTION by Councilman Samuelson to receive and file the minutes of: the
Planning Comini_ssion Meeting of November 9, 1967. Seconded by Councilmen
Liebl. Upon a voice vote, there being no nays, Mayor Ki.rkhata declared the
motion. carried.
DANGFROUS BUILDING ACTIO_; FOR 601.5 - 2-, S1'PEET NO RTEEAST :
Councilman Li.ehl said that he has brought this property to the attention of
the Council by asking the City Manager to put it on the agenda. He said
this building is not up to standards and is an eye sore for the City. lie
said that there were nice homes on either side of this building. The City
Attorney said lie had prepared a petition for condemnation and requesting
the removal of the building based on the report.
REGULAR COUNCIL MEETING, NOVEMBER 6, 1967
PAGE 10
settle. Councilman Harris pointed out that according to the plans, the
traffic will have to back out into the street. There was a long discussion
on alternate plans for a driveway and parking area. They discussed moving
the building to the east for a better' parking plan, which would also set
the pattern for future buildings in the area.
MOTION by Councilman Harris to concur with the recommendations of the
Building Standards - Design Control Subcommittee and approve the Building
Permit subject to moving the building back to the property line on Lot 32
and providing the Engineering Department with a redrawing on the parking.
Seconded by Councilman Sheridan. Upon a voice vote, Councilman Samuelson
abstaining, Mayor Kirkham declared the motion carried.
BOARD OF APPEALS MEETING MINUTES, NOVEMBER 1, 1967:
� ,+,•'" t1. A REQUEST FOR A VARIANCE FROM SECTION 45.391, CITY CODE OF FRIDLEY,
MINNESOTA 1963, REVISED DEff =,, 31, 1965, BY WAIVED. OF REQUIREMENTS OR
PROVISIONS RELATING TO THE CONSTRUCTION OF A ONE -FAMILY DT%TELLING ON THE
SOUTH ONE-HALF OF LOT 4, AND ALL OF LOT 5, BLOCK 14, HAMILTON'S ADDITION
TO MECHANICSVILLE, ANOKA COUNTY, MINNESOTA WHICH PROPERTY IS ACTUALLY A
PORTION OF LAND DESCRIBED IN LEGAL DESCRIPTION ON 14HICII PERMIT #4746 WAS
ISSUED TO CONSTRUCT A 3 -FAMILY STRUCTURE AT 5370 - STH STREET NORTHEAS`rz
i FRIDLEY, MINNESOTA. CERTIFICATE OF SITRVEV, DATED AGUSUT 8, 1967 REQUEST
S BY WILLIAM MCCLISH, 6549 FRIDLEY STREET NORTHEAST, FRIDLEY, MINNTESOTA 55421):
Councilman Liebl said that this has been before the Council twice already
and the Board of Appeals has tabled this request to ask for the City Attorney's
opinion. lie said he would like to hear the Attorney's opinion also.
The City Attorney said.that Mr. McCli.sh's attorney has furnished him with
' records which included the different ownerships and recorded deeds. The
City Attorney said he was of the opinion that, based on these record,
Mr. McClish did not at any time own the 'triple; at the same time he owned
the south 1/2 of Lot 4, so that he believed a permit could be granted as
far as any legal questions are concerned. He. said it,would be up to the
Council to decide as a policy matter whether it was better to allow construc-
tion on the 60 foot parcel or whether to deny the request, which the Council
has the prerogative of doing.
MOTION by Councilman Sheridan to receive the Minutes of the Board of Appeals
Meeting of November 1, 1967. Seconded by Councilman Liebl. Upon a voice
vote, there being no nays, Mayor Kirkham declared the motion carried.
SET DATE TO MEET WITH TITF SCHOOL DISTRICT #14 BOARD - RE: SCHOOL ON EAST
RIVER ROAD:
Mayor. Kirkham and Councilman Harris had other commitments for the evening that
had been suggested for the meeting by the School Board. The Council discussed
a date when all the members would be able to attend and agreed on Tuesday,
November 28th at 8:00 P.M. The City ,Tanager was requested to contact the
School Board to see if this date was satisfactory, and to suggest that the
City be the host of the meeting.
SET POLICY FOII THE USE OF TITIE CO_,t411NITY R00.:
The City Attorney was asked if he recalled the Attorney Cenerals's ruling
REGULAR COUNCIL MEETING Ol, OCTOBER 2, 1967 PAGE 7
run the City this year than last. Carl -Paulson asked if: the public
could get the percentage of increase. Mayor Kirkham said that the
figures were not ready at this time, but they hope to have them ready
by October 16th. Councilman Harris said that the reason for the Council
budget sessions was so that after the different departments have turned
in their requests and the City Manager has gone over them, the Council
can review the individual budgets and put them in line with the money
available. He said the Council was doing their best to hold the services
at a high level and the mill rate down.
A visitor to the Council Meeting said he thought that when the sidewalks
were put in on 61st Avenue, the school children would be bussed and there
would be a tax savings. Mayor Kirkham said that the School Board would
have to be asked about this. lie said that the public should keep in
mind that the City receives only 13`7, of the tax dollar while the School
District receives close to 60%. lie said the School Board meetings are
open meetings as well as the Council meetings.
RECESS:
Mayor. Kirkham declared a short recess. The meeting was reconvened at
9:50 P.M.
Mayor Kirkham said that before going on to the next item, for the benefit
of anyone alio may be worried about the Council rushing the budget through,
he would like to say that it has been tine custom of all Councils since
1957 when the City was incorporated to really discuss the budget thoroughly
at many meetings before it comes before the public, and this is the interlLion
of the Council. He said they have another meeting scheduled for next week,
and the public will. get a chance to review the budget with the Council
when it is finalized.
CONSIDERATION OF BUILDING PERMIT - S1§ Or LOT 4,_LOT 5�FsLOCK 14, 11An1ILTON'S
ADDITION TO MECHANICSVILLE - MC CLISH:
The City Attorney said that the facts as represented by Mr. McClish at
the last Council Meeting are true. He said that T;r. Guzy, Attorney for
Mr. McClish at the time of the transfer,.has advised him that he has a
deed that will verify the statements made. Councilman. Harris said that
if this is the situation, it behooves the Council to make a determination
as ,soon as possible and let Mr. Mulish knots whether his lot is buildable
or not buildable. Mayor Ki_rkhain said he felt it would be buildable with
certain reservations on sideyard setback and so forth, so there is no
infringing on the adjoining property. Councilman Harris said he felt
the Council at this time would not be considering the building pert::^.it,
but the use of the land as it would have to go to the: Board of Appeals
for variances.
MOTION b, COUnCilman Harris to indicate. to Mr. McClish that the Council
has reviewed his property on the SZ of Lot- 4, Lot 5, Flock 14, Hamilton's
Addition to Z•iechanicsvi ll , and conclucics that_ i.t is a buildable lot when
it meets the requirerAents of the Boaru of Appe-.^ls and receives the
required varialce . Seconded by Councilm.-ia Sheridri.. for discussion,
Councilman Sherieali asked Mr. 'McCli. h if this would lie a 40' parcel and
d part of another .for a total of 60' and if lie plans to build ort it to
r REGULAR COUNCIL MEETING aF OCTOBER 2, 1967 PACE S
dispose of the property. Mr. McClish said that it would be 60' and
he will build on the long way of the lot so there will be plenty of
room on the side of the house. lie said he planned to live in the house
himself. Councilman Sheridan said lie had no further questions until
4 the report from the Board of Appeals is received. Councilman Samuelson
,t asked if it would be possible to get copies of the deeds that show the
l transactions. The City Attorney said he would be able to get photo
copies from the abstract company. The City Attorney suggested they
allow the request to go to the Board of Appeals and when it comes back,
Iif anyone has any questions, he will have the documents at that time.
The vote upon the motion was a voice vote, there being no nays, Mayor.
Kirkham declared the motion carried.
TRAFFIC REPORT - LUCIA LADE - POLICE CHIEF:
Chief McCarthy said that there -are two separate problems on Lucia Lane.
The first is the alleged speeding. He said he understood that members
of the Council have been receiving complaints from the citizens, so radai
was put out on August 23rd between 4:00 P.M. and 7:00 P.M. and two cars
were tagged. He said another complaint was received, radar was put out
again, and the speed of every car was recorded. The Police Department
.found that the average speed was 26 miles per hour, and on this occasion,
only one car was tagged. Chief McCarthy said he -felt speed was no
problem on Lucia Lane. He said the street is rough and it sounds like
r the cars are speeding.
E Mr. Jack Young, 6549 Lucia Lane, said he had called the Police. Department
complaining about the speeding. He said the people could see the radar
and would slow up. Mr. Young said he felt there was a definite problem
and said the Chief of Police should sit and watch it for awhile. Chief
McCarthy said that it would be impossible to judge the speed of a car
sitting in a living roof.., but it has been done electronically with radar,
and the average was 26 miles per hour.
Another visitor to the Council Meeting said that the problem he has is
because Lucia Lar.e is a one-way street, and when the people leave the
Knights of Columbus Hall at night, they cannot exit to the north, and
there are 200 or 300 cars going up Lucia Lane. He said he would like
this street changed to a two-way. Xhief McCarthy.said this was the second
problem he had mentioned. Ile said there had been no problem before the
Knights of Columbus building had been built, but after they came in,
there has been a problem because the intersection was protected only
by a stop sign. He said that they have found that when the Knights of:
Columbus Hall closes, there are from 30 to 200 cars leaving, and if. they
go out on the highway on 69th Avenue, there are too ninny chances of an
accident happening. Chief McCarthy said that in the year 1966, there
were 7 personal injury accidents as a result of cars coming out onto
the hi&.7ay from the Knights of Columbus hall. llc said that since it
has been changed to a one-waty street, there have been Lwo pursonal injury
accidents - both of them as a reSVIL of going the wrong-', way on. the one-
way street. Chief McCarthy said there was a slig',t fnco_ vellie..c,'. problem.
for the people. on Lucia Larle, 'but he f:eel.s the safer)' factor outueighs
the inconveni.enee.
REGULAR COUNCIL MEETING, SEPTEMBER 15, 1967 YAG c
had not. He said the specifications require a contractor to familiarize r�
himself with the site. Councilman Harris asked if there was a surety bond
on performance. The Consulting Engineer said there was. He said they have
been paid for material and materials on hand in the amount of $14,000 or
$15,000, and there is an estimate on the agenda this evening for August.
Councilman Harris said that based on the surety bond, and the performance
they have to exercise under this, unless the Engineer or City Attorney
feel they can justi.fi.abiy come up with a claim, he could see no responsibility
on the City's part to have a change order. The Consulting Engineer said
neither he nor the City Attorney were suggesting a change order, but that
possibly something could be worked out where they could continue to work
on the portions of the contract that they can work on, and not move off the
job site. Councilman Harris asked if someone else was ordered in to do it,
and if the present contractor moved off the job site, wouldn't the contractor
be liable to pay it. The Consulting Engineer said this would be, if the City
had no legal liability. He said he would not suggest they increase the contract,
but he feels there is an advantage to stay with this contractor.
The City Engineer said he would suggest that he and the Consulting Engineer
meet with the contractor and his attorney, and try to reach an agreement
whereby the work can be completed, with the question of additional compensa-
tion left open, which could be tried in District Court if mutual satisfaction
cannot be arrived at. Mayor Kirkham agreed they should try to negotiate an
agreement preferably in some way, so that the project can be continued.
MOTION by Councilman Harris to direct the City Attorney to negotiate a con-
tinuance of Project #87 without prejudicing the City's position and without
increasing the cost of the contract, and report back to the Council. Seconded
by Councilman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham
declared the motion carried.
CONSIDERATION OF BUILDING ON SZ OF LOT 4, LOT 5, BLOCK 14, HAMILTON'S ADDITION
TO MECHANICSVILLE:
Mr. McClish,_owner of this property, was present at the Council Meeting.
Councilman Harris went through the ownership -of Lots 4 and 5,'the tri-plex
and Lot 3, and the dates they were bought and sold, with Mr. McClish to see
if at any one time he owned all of Lots 3, 4, and 5. Councilman Harris said
he realized Mr. McClish's position, if the lots are unbuildable, and this is
the reason why he is trying to find out the facts. He said there is no sense
making the owner pay the taxes on the property if he cannot build on it. The
builder for Mr. McClish said he planned to build a rambler 26x42, which would
have a 17 foot side yard if it is centered. Mr. McClish said he planned to
live there himself.
Councilman Liebl said that according to the City's ordinances the tri-plex
does not have the required space. Councilman Harris said that it appears
they had requested the building permit with fraudulent intent, but it has
been resold since and the new owner cannot be forced to buy more property.
Mayor Kirkham said he would take the same position he has taken before. He
feels the best solution would be to allow ilr. McClish to build. Councilman
Harris said the records should be checked to see if at any time Mr. McClish
owned the South: of Lot 4 and the North z of Lot 4 concurrently, so that
an earlier error is not compounded.
REGULAR COUNCIL MEETING, SEPTEMBER 18, 1967 PACE 9
The City Attorney said he could check the tract index. Mayor Kirkham said
that the City Attorney could check this out and report back to the Council
at the next regular Council Meeting of October 2, 1967.
FIRST READING OF AN ORDINANCE REZONING LOTS 1 - 6, BLOCK 1, CARLSON'S Sum MIT
MANOR ANNEX 2ND ADDITION:
The City Engineer showed the Council the model of the planned apartment
building and the plans. Mr. Wilbur J. Holm, Attorney for S&S Investment
Company explained the size of the 25 units, and the location on the 6 lots.
Mr. Jack Velin, 5105 Ho-rizon Drive, said that before they had discussed
the possibility of having two 12 -unit buildings. Mr. Holm said that there
had been the possibility, but that now this present model complies with the
ordinance. Mr. Velin said they were willing to go along with the rezoning,
but that they were opposed to this type of building. Councilman Liebl said
there was no question that the requirements are met, but they will still
overload the street. There was a discussion of traffic flow in the area.
Councilman Harris said he could see why they objected to the long building,
but he could not see objecting on the basis of traffic, as the street has
been assessed and they are entitled. to use it. He said he would like to
see an agreement to resolve this problem. A'visitor asked why building
double bungalows would not be possible. Mr. Holm said they were not
economically feasible. Mayor Kirkham said that double bungalows may have
been feasible 10 years ago, but times change.
There was a long discussion on how an apartment building would effect the
property across the street, and whether the empty lots there would sell.
The possibility of a park was mentioned. Councilman Harris said that every
time an apartment is put in,. it increases -the people and decreases the park
area. Mr. C. W. Root, representing Arvid E. Carlson & Sons, Inc. said he
would have to think about a park. The City Attorney suggested the possibility
of putting the three lots across the street in a package sale to S & S
Investment Company if it could be approved by the Court. Councilman Liebl
asked Mr. Holm if they would be willing to build double bungalows on these
three lots. Mr. Holm said they would if they were able to build the 25 -unit
apartment house where proposed. Mr. Root asked if the City would pay for the
Special Assessments on the three lots as park land. He said they were pretty
high, but he did not know the figure. Councilman Harris asked the value of the
lots. It was estimated they would cost about $3400 each with approximately
$700 worth of assessments in addition.
Mayor.Kirkham said he would be willing to agree to the 25 -unit building, if
there are double bungalows on the three lots. Councilman Harris said he
thought the park concept was the best.
The Council laid this item over until later as there were many people waiting
to be heard. The people were told they could come back later to discuss this
if they wanted to wait. This is continued later in the minutes.
BIDS - SHRUBS, CIVIC CENTER (OPENED NOON, SEPTEMBER 18, 1.967):
The City Manager drew the Council's attention to the memorandum from the City
Engineer, and said that the bids had not been opened. Mayor Kirkham said that
it seemed the nurseries are pressuring the City to pay $400 to $500 for a
landscape architect, and he felt they were involved in professional jealousy.
THE MINUTES OF THE BOARD OF APPEALS MEETING OF NOVEMBER 8; 1967
The Meeting was called to order by Chairman Ylinen at 7:35 P.M.
ROLL CALL
MEMBERS PRESENT: Ylinen, Ahonen, Minish
MEMBERS ABSENT: Mittelstadt, Saunders
APPROVAL OF MINUTES:
As,the Minutes of the Meeting of November 1, 1967 were not available, no
action was taken as to their approval or disapproval.
1. REQUEST FOR A VARIANCE FROM SECTION 45.391, CITY CODE OF FRIDLEY, MINNESOTA_
1963, REVISED DECEMBER 31, 1965, BY WAIVER OF REQUIREMENTS OR PROVISIONS
RELATING TO THE CONSTRUCTION Or A ONE -FAMILY DWELLING ON THE SOUTH ONE-HALF
OF LOT 4, AND ALL OF LOT 5, BLOCK 14, HAMILTON'S ADDITION TO MECHANICSVIL'LE,
ANOKA COUNTY, MINNESOTA WHICH PROPERTY IS ACTUALLY A PORTION OF LAND DES-
CRIBED IN LEGAL DESCRIPTION ON WHICH PERMIT #4746 WAS ISSUED TO CONSTRUCT A
3 -FAMILY STRUCTURE AT 5370 - 5TH STREET NORTHEAST, FRIDLEY, MINNESOTA._
CERTIFICATE OF SURVEY, DATED AUGUST 8, 1967 (.REQUEST BY WILLIAM MCCLISH,
6549 FRIDLEY STREET NORTHEAST, FRIDLEY, MINNESOTA 55421)°
Mr. McClish was present -and again explained his proposal to the Board of
Appeals.
Bob Minish conveyed information he had received from Virgil Herrick to the
attending members of the Board.
MOTION by Ahonen to accept the Variance for the following reasons:
A. The tri-plex was originally sold to Mr. McClish without the
necessary land area. This gives some merit to his feeling
that he should be able to sell it in the same condition.
B. Denying the variance would not remedy the situation as the owner
of the tri-plex cannot be made to comply with the code. Mr. McClish
could sell the property to another party. They could request a
variance as an "innocent" party and we would again be faced with
the problem. If it was again denied, the property becomes worthless.
MOTION was seconded by Minish. Those voting in favor: Ahonen and Ylinen.
Opposed: Minish. The motion carried.
.THE MINUTES OF THE BOARD OF APPEALS, NOVEMBER 8, 1967 PAGE 2
Mr. Minish opposed the request because he felt that, from miinutes of past
meetings, Mr. McClish was aware of the requirements for the tri-plex and
at one point in time he did own all of the property in question.
The Board feels that the City Council and all persons responsible for the
initiation and follow-up of such action which would prevent the recurrance
of the above situation be immediately informed of the condition so they
may take the necessary action to encourage or force compliance with the
code.
ADJOURNMENT
There being no further business, Chairman Ylinen declared the meeting
adjourned at 8:15 P.M.
Respectfully submitted,
Robert G. Ahonen
Member of the Board
THE MINUTES OF THE BOARD OF APPEALS MEETING OF NOVEMBER 1, 1967
The Meeting was called to order by Chairman Ylinen at 7:30 P.M.
ROLL CALL
MEMBERS PRESENT: Ylinen, Mittelstadt, Ahonen, Minish
MEMBERS ABSENT: Saunders
ADOPTION OF MINUTES, SEPTEMBER 27, 1967:
MOTION by Ahonen, seconded by Minish to adopt the Minutes of the
last meeting as presented. Upon a voice vote, there being no nays,
the Chairman declared the motion carried.
1. A REQUEST FOR A VARIANCE FROM SECTION 45.391, CITY CODE OF FRIDLEY,
MINNESOTA 1963, REVISED DECEMBER 31, 1965, BY WAIVER OF REQUIREMENTS
OR PROVISIONS RELATING TO THE CONSTRUCTION OF A ONE -FAMILY DWELLING
ON THE SOUTH ONE-HALF OF LOT 4, AND ALL OF LOT 5, BLOCK 14, HAMILTON'S
ADDITION TO MECHANICSVILLE, ANOKA COUNTY, MINNESOTA WHICH PROPERTY IS
ACTUALLY A PORTION OF LAND DESCRIBED IN LEGAL DESCRIPTION ON WHICH
PERMIT #4746 WAS ISSUED TO CONSTRUCT A 3 -FAMILY STRUCTURE AT 5370 -
5TH STREET NORTHEAST, FRIDLEY, MINNESOTA. CERTIFICATE OF SURVEY,
DATED AUGUST 8, 1967 (REQUEST BY WILLIAM MCCLISH, 6549 FRIDLEY STREET
NORTHEAST, FRIDLEY, MINNESOTA 55421):
The request by William McClish was reviewed by the Board of Appeals
members.
Some Observations:
1. The 110.0'xl30.74' lot was sold to McClish in error. He bought a
60 foot lot, reducing it from 110:feet.
2. McClish then sold the triplex on the 60'x130,74' lot.
3. McClish bought S2.of Lot 4, all of Lot 5, Block 14, Hamilton's
Addition.
4. Variance should be granted to the triplex first, before other action
can be taken.
MOTION by Minish, seconded by Mittelstadt to table the request for one
week to talk to the City Attorney about this problem. Upon a voice
vote, the motion carried.
ADJOURNMENT
The Meeting was adjourned at 8:15 P.M. by Chairman Ylinen
Respectfully submitted,
Donald R. Mittelstadt
Acting Secretary to the Board
CITY COUNCIL EXCERPT September 21, 1964
CITY ATTORNEY, TRIPLF„Y :
Mayor Nee announced a communication from City Attorney Smith relative
to a building permit for a tri-plex in Block !41 Hamilton's Addition
to Mechanicsville and requested an explanation of the lav in this matter.
Mayor Nee atated there should be some way the City Council could take
action and inquired if an -owner could sell all the property around his
house, if he so chose. City Attorney Smith replied they could support
the theory of the land around the building but there wasn't anything in
the code otherwise, that they should have a general.provision where there
.is an application for any permit or license and there is a false statement
made that it is in violation. He further explained the same was true
for any application they might have and this had never been specified.
Motion by Wright that the City Council direct the City Attorney to prepare
an ordinance makinS it the case: that any false or untrue statement made
in the question of li--enses or permits be -considered a misdemeanor. City
Attorney Smith stated he had checked the code and could not find any-
thing Mr. Bird had violated. Mayor Nee stated anyone could afford to take
judgement on a misdenieanor if they could get a dollar advantage. Mayor
Nee inquired if it would make it a misdemeanor to make false statements
in application for a license or permit. City Attorney Smith replied in
order to get a building permit he would have to show he had sufficient
side and front yard, etc. Councilman Wright inquired if a Purchase
Agreement vasn't sufficient title to the -land. City Attorney Smith
replied that even in the case in question, the o:.mer said he had a Purchase
Agreement, that he nevi.:r exercised the Purchase agreement on the additional
land so it never came to him. Councilman Wright inquired if this was
at the time tt^. McClish- bought the tri-plex and -eras told this was
correct, that it could be bound because the mortgage gent on a smaller
space and this was in violation of the Fridley code. Counci"Iman Wrizht
inquired if the City of Fridley could tali -c any action against- Mr.
McClish and vas told that for the area the triplex ,,,as applied for, they
could not issue an;; more building permits. Seconded b.r Kirkham. Upon
a voice vote, there bung no nays, the notion carr; e0 unanimously.
HALL, SMITH, JAEDLZJND, JUS7ER, FORSBERG AND MERLIN
ATTORNEYS AT LAW
DOUGLAS HALL 311 PRODUCE BANK BUILDING
WYMAN SMITH
GEORGE HEDLUND September 15, 1964 MINNEAPOLIS 3. MINNESOTA
L. HOWARD BENNETT FEDERAL 9-1401
LEONARD T. JUSTER
OFFICES IN:
THOMAS G. FORSBERG
WILLIAM MERLIN Osseo
COWARD H. GALBRAITH COON RAPIDS
Earl Wagner ,
City Manager
City of Fridley
6431 University Avenue N. E.
Fridley 21, Minnesota
Re: Building Permit for Tri-Plex
Block 14 Hamilton Addition
to Mechanicsville
Dear Earl:
At the meeting of September 8, 1964 the .Council instructed the City
Attorney to report what action, if any, there might be against
Robert Bird for what appeared to be a false application on his Tri-
Plex. This is the matter that the Council is familiar with because
the more recent application of Ardis McCarthy for P dwelling permit
on ajoining lots. I guess the record would show that B & M Inc.
was the actual applicant on the Tri-Plex. I have examined the
various provisions of our Building Code and it would appear that
there is no provision to require the information furnished for a
building application to. be truthful. I believe that our Code
should be amended to the effect that the making of any false or
untrue statements in the request or application for license or
permit shall be considered a misdemeanor.
I'have also had an opportunity to discuss this matter with Robert Bird
in that I had a deal with him since the •last Council meeting.on a
right-of-way for water purposes along the East River Road. Mr. Bird
tells me that his application was not false and that at the time he
had a Purchase Agreement for 110 feet. The vacant land which has'
since been lost from the Tri-Plex was not ultimately conveyed to
Bird or his corporation, but was conveyed directly to McClish.
McClish also became the owner of the Tri-Plex.
Yours truly,
ym n Smith
City Attorney
WS:rj City of Fridley
HALL, SMITH, HEDLUND, DUSTER, .FPRSDERE3 AND MERLIN
ATTORNEYS AT LAW
DOUGLAS HALL Iu August �1L 7 (1 f_/. 211 PRODUCE BANK BUILDING
WYMAN SMITH A g 26, 19VHF
- MINNEAPOLIS 3, MJNNEBOTA
GEORGE HEDLUND
L. HOWARD SENNETT rEDERAL 9-1461
LEONARD T. JUSTER
OiFIC Efl IN:
THOMAS 0. FORSQERG •
WILLIAM MERLIN
OSSEO
HENRY M. FEIKEMA COON RAPIDS
C `'
Mr. Earl P. Wagner, City Manager
City of Fridley
6431 University Avenue N.E.
Fridley 21, Minnesota
Re: petition for Building Permit on
Lot 5 and South one-half 'of Lot 4,
Block 14, Hamilton's Addition to
Mechanicsville
Dear Mr. Wagner;
The Council at their meeting of.August 17, 1964, referred to the
City Attorney the request of Mrs. McCarty, and concerning the
matters on pages 31, 32, 33, 34 and 35 of the August 17, 1964,
Agenda.
It is my opinion that the Petition may _pro perlybe denied for
the reason teat Ardis_ McCarty, as indicated, was formerly employed
iy the B & M Inc., at the time the*tri-plex was built. It would
appear that the present Petition is contrived. Ido not know what
the situation would be if we had a good.faith purchaser who had
innocence about the matter.
WS/pas
Yours truly,
Wyman Smith
City Attor y
t�
• Aug. 10, 1944
CITY COUNCIL
C :i i` Y 0 F T? ) L s Y
Pcti.tic =. Building p: _iai :. - 40 x 24 - ramble_
ne :- 3hci_ 5, w,-_ct the South 1/2 of D1oc1_ L:- Ha:iltcn t s
Addition to :'`echan`csv�lle.
I:v fo11Gt:�i_: events Cf _ ec t "he issuance of the building
pori:lr V on the above promises. .
�' 1
1960 - B inc. r(_'gUeSted �'uilt::.n perr'il.:ic. on ..O }, Lt,
and HaMilton's Add. - B ez Mf did not o-,,rn this property
at this times.
.B & N-1 did ;purchase Lots 4, and a frozri Alma Nelson. '
B c: y did so divide Lot 4 in half and placed a tri-
ple:_ on Lot 3 e.:ce��t, the .`ort'r_ 10 ft. knd Lot 4 e:ccept the
South 1/2 thereof.
B & 2,= aid sell the tri plea on Lot 3 End the North 1/2 of
Lot 4.' B c: M did reza;_.n �-�Osscss�o:� of ti:e South 1/2 of
Lot. 4.
19b'• - 2, :_rGys _'cCa= ty purchased LG-;. j and the Sou ;h 1/2
of 'fhi _ro�:l ?1:-. McClis:. � r _r�C=ich
Lot !:• s tress p�,rcxz� sed
purchased Lot 7, irOI:l Li1C- i?r�'S.:n1v Ot;^cr c, Loi 6 and the
SGuth 1/2 of Lo - % was purchased from B & ii.
rt present 'r have a hour, sold Gni the, above pre :liS::S and
-would "Like to begin cons tructi:in as soon as possible.
1 amfieri infor=med tilcti laic tri -pie:•: lOC�+VI:d Oi. SOT. 3 and
the worth 1/2 of Lot 4f•„ was constr:lctod cont-rary to City
Orsi inance .
I a,.- also u=nder. T.'._._a i.:?�r3S5�G:_ that 1. %_-11-1 be
for tills error.hpr t."?- i.he area :t'11 -ch consLi �uteS
7370 �.
- 5th S �'� ' t
I an- hereby .:lain submittin ^f request that cons ide:'ation
be o --van i::c in r<ay pe titicil of this building perm-+.
hand: you
y
rid? S icCart_
� _ !'✓i,-'.�J ///��. �.._��•� '/moi
I
APPLICATION POR BUILDLZG P IT
CITY OF FRrLD,EY, mii"au'-�SOTri
Owners a _ /� ri? / /rte Builder 114 57
Address -� '�22i�� :i - /7c �� _.t�-_ Address
LOCATION OF BUILDING
Street Part of Lot J
Lot Block -Addition or Sub. Div,
Corner Lot inside Lot, — Set Back
t�pplicant Gttac�� to this for ��-tificate of Survey of Lot and proposed
building location.
DESCRIPTION OF BJILDINTG. • '.
To be used as rJho/ 'P/ C :�
�1 Depth -
Front _ -�, C.� Height
Sq, Ft:
Cu,, Ft..
i -
Frort Depth Height
Sq. Ft, Cu. Ft.
To be co.::ple ted
.he u+nlersigned hereby makes application.for a permit for the work
• herein specified, agreeing to do all. work in strict accordance with the
City Ordinances and ruling'of tho Dap artmen t of :Buildin s, and _neraby
declaros that all tho fasts and representations stated in this application
b'/�
are true andel correct'
Dat e ---- --- L Lure _
',� Foe �' st 'cc four on the Reverse Silo
(A Schedule of ...� cost2 can,
�„ found
7
.. _ - i ,a n r.7 ^I �--� r f : �, �1 •'Stiff 4 n 7
129 %'-.'S.T LAS:: ST:E.•T �' �- MINN2A?CLIS Z. WN'.1t.
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For R a C^: • M. ! N c.
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0�SCRI?TIC �: Loi. _ ''�: :i !fl
HAMI LT003 �ZOI T M%l
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Me hereby certify t ha i this is a t rut and correc i represan i n t i oil of a survey of
-'':e ucundaries of the land aboV•' OaScriu.d and of The Focd1 ion or a I b 1itI iy
iif any, thereon, and all visible2^Ctoac! ~:_; ;5, if. any, iron or on Said land.
nateu this 2-,H day of J�>_•, i9��. EGA`, FIELD & !•!OV.,AK f
�` Surveyors_
;% i to r.o.1 52.E ��EoOc `Ya 152 - �J j b`/�.?,�"�
• Of
Date: ...................__.._........._............._....._....._..... _ __ _... _............
_.
ri
Builder
Owner: .............w.__.._.._......�..................z--::.:, _.; ._.....a:...__..... .........-..... ...... _.......
_..._...._.__...
Address . 1.7.'...r �-------- __ �': U ! f ':•t/:':fir_..`%!� Address................ _....................
U' '1
NTo��6
. l SJ i1�i `t%
To be
Used. as:
• .�••'! .:� �t r . it.' :'(:� • r � 1 sig iy ✓ � W'� �r �''. .i i �� �ll. •7/'
a '
.•..... f .�_.i ,, 'Front
�. Depth ..,�_...�„�.`.... He ._y:-:;,�,..;.... Sq. Ft. '-..�.. Cu. Ft...
' _.....,..,...._.................................. F�ont�.. Depth ..........., ,-�IieiQht ............. Sq. �'t...v............._.. Cu. Ft........................
.....................
' be Completed_......._..__..._....._.......__......Type of Construction Est CostTo
BIJIL�I; Hlv Y r.... • ! L rid. j COVENANTS NID .
• �:� ri�� ; ,-iii: i 1vfVS.
In consideration of the issuance to me of a permit to construct the building described above, I agree to do
the proposed :vork in accordance with the description above set forth and in compliance :with all provisions of
ordinances of the city of Fridley.
e,.
-r;.._..._............_.._.__-.-...__._.....__.__..__..._____._.._._..___._-__.._-._..__.._..__
`:= r: - --
In consideration. of the payment of a fee of $ :._.:.• :.................. permit is hereby granted to................ _.. ........................... ....__..
__ _.._ _._.._... _.._........._...__.....__ .. to construct the building or addition as described above. This permit is granted upon
the express condition that the person to whom it is granted and his agents, employees and workmen, in all work;
done in, around and upon said building, or any part thereof, shall conform in all respects to the ordinances of
Fridley, Minnesota regarding location, construction, alteration, maintenance, repair and moving of buildings
within the city Ii. -nits and this permit may be revolved at any time upon violation of any of the provisions of said
ordinances.
1`'..._.:..... ilding Inspector
NO i'E• :
This porrit Zoos not cavor iha con -,:ruction, tn:!a!:a:ion for wirinr„ piu:,:bin;, ;as hoali sower or watar. £o sura to saa
tho Impactor for sepa.at., parr,:its for t'-,o:a ita.as.
/
Street ' Part
....._..,,l...f .�::_L..-'r':... ..
.. T_ .... i- — .�....� ......_......_.._ J
of.
'. l .�� �.i
1 {f......:
....._... r
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1,..
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Lot "._. ....-.......
Block ..... ........ . I..... - ..................... Addition or Sub -Division
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/ t` vim% •i 1r....
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� _
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Corner Lot ... ........... ..........
......... Inside Lot . ........... ;.:.._................. Setback �. ..... . ............ Sideyard
.............. ....,/...... ...... _.............
Sewer Elevation ..........
. ....................... ......... ..... ........ .... _._.-.._._........_...___. Foundation Elevation _ ................
.:.............. _... -.-__... _........ _.......
. l SJ i1�i `t%
To be
Used. as:
• .�••'! .:� �t r . it.' :'(:� • r � 1 sig iy ✓ � W'� �r �''. .i i �� �ll. •7/'
a '
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' _.....,..,...._.................................. F�ont�.. Depth ..........., ,-�IieiQht ............. Sq. �'t...v............._.. Cu. Ft........................
.....................
' be Completed_......._..__..._....._.......__......Type of Construction Est CostTo
BIJIL�I; Hlv Y r.... • ! L rid. j COVENANTS NID .
• �:� ri�� ; ,-iii: i 1vfVS.
In consideration of the issuance to me of a permit to construct the building described above, I agree to do
the proposed :vork in accordance with the description above set forth and in compliance :with all provisions of
ordinances of the city of Fridley.
e,.
-r;.._..._............_.._.__-.-...__._.....__.__..__..._____._.._._..___._-__.._-._..__.._..__
`:= r: - --
In consideration. of the payment of a fee of $ :._.:.• :.................. permit is hereby granted to................ _.. ........................... ....__..
__ _.._ _._.._... _.._........._...__.....__ .. to construct the building or addition as described above. This permit is granted upon
the express condition that the person to whom it is granted and his agents, employees and workmen, in all work;
done in, around and upon said building, or any part thereof, shall conform in all respects to the ordinances of
Fridley, Minnesota regarding location, construction, alteration, maintenance, repair and moving of buildings
within the city Ii. -nits and this permit may be revolved at any time upon violation of any of the provisions of said
ordinances.
1`'..._.:..... ilding Inspector
NO i'E• :
This porrit Zoos not cavor iha con -,:ruction, tn:!a!:a:ion for wirinr„ piu:,:bin;, ;as hoali sower or watar. £o sura to saa
tho Impactor for sepa.at., parr,:its for t'-,o:a ita.as.
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560-3450 '
6431 UNIVERSITY AVENUE NE
TO THE HONOP.ABLE CITY COUNCIL:
ANOKA COUNTY
FRIDLEY 21, MINNESOTA
July 29, 1964
On July 14, 1960, B & M Incorporated, 322 - 40th Avenue N.E.,
applied for a permit for the construction of a tri-plex on the South 30
feet of Lot 3, all. of Lot 4, and all of Lot 5, Block 14, Hamilton's
Addition to Mechanicsville, recorded address is 5370 - 5th Street N. E.
This amount of land was required to meet the Zoning Ordinance for the
construction of a tri-plex.
On April 21, 1961, B & M Incorporated applied for a permit
for the construction of a detached garage on this property which was
also approved.
The accompanying request is for the construction of a one -
family dwelling on the South one-half of Lot.4, and all of Lot 5, and
this office refused the request on the basis of the original application
in 1960 which stipulated that these lots were part of the entire building
site.
In checking with the Auditor's Office in Anoka County, I
find that B & M never did own Lot 5 and when they sold the tri-plex,
they retained possession of the South one -half -of Lot 4 so that the
deed for 5370 - 5th Street N. E. showed a 50 foot frontage, which is
the North 20 feet of Lot 4 and the South 30 feet of Lot 3.
I checked with our attorney, Mr. Smith, in reference to
this matter and he felt that I was entirely within my rights in refusing
this request for the one -family dwelling, but that the parties making
the request could submit this to the Council for their approval or
disapproval.
I am submitting the original Survey received in this office
July 14, 1960, showing the building location on Lot 3, except the North
10 feet thereof, and all of Lots 4 and 5, Block 14, Hamilton's Addition
to Mechanicsville.
Sincerely,
ZzC/
ALLEN G. J-LISEirt j
Building Inspe r
AGJ:cks
Enclosures (3)