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VAR 09.72APPLICATION, TO THE BOARD OF APPEALS AND CnV COUKIL FOR SPECIAL USE PERMIT, VARIANCE TV REQUIR9HENTS OPr CERTAIN . ORDINANCES OF THE CITY OF FRIME'Y (Applicant to complete items 1, 2, 3) 1. Name and Address of Applican e 2. Legal Description of Property (also general location, such nsj"noTth- east corner of 64tH Avenue and 5th Streett0 or 6415 Fifth Strest") 3. Describe the variance requested. (AtTfth Plat or Sarvtry of fto►art1 showing location of proposed buildl.ng, etas., alio adjoining propattiee and ownership within 200' of said property.) Z() T /o f oo O 7-0 9, 4 4. Commenta by administrative official denying original request for buildins permit or other permit. (To be completed by adtein_'atrativa officiAl. Appropriate ordinances and section of ordinance; to ire cited.) - 2 - S. Notice of Hearing appeared in dates t_ (must be at least once 10 days attached). ficial Newspaper on the following ore meetintt -- `. Board Members notified of meeting by 2• � / �zz (List Members, Date Notified, and "Yes" or '91d' for pans to att hearing). e 7. Person ®suing appeal and the within 200' roti f iedl ; to iaa to ,Attend Via d I*" property owners having property By Pbow Notified by saw Date or (litial_ ) - .�S �' -/-�� Be The Following Board Members and interested parties were pseaant at the Hearing: BOARD MIDSER8 3 - OTHER PARTIES: NAIL ADDRESS 9. Opinions and recommendations by BOARD OF APPEALS: 10. For Above Recommendations "ainst•Recommendations -A 11.•kction by City Council and Date: v OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE BOARD OF APPEALS TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN THAT the Board of Appeals of the City of Fridley will meet in the Council Chamber of the City Hall at 7:30 P.M. on Tuesday, September 12, 1972 to consider the following matter: A request for a variance of Section 45.063, 1, Fridley City Code, to reduce the minimum lot area for a two family dwelling from 10,000 square feet to 9400 square feet to allow the owner to sell the land with the understanding that a two family dwelling could be built on Lots 4 and 5, Block 8, Hamilton's Addition to Mechanicsville, the same being 5526 -7th Street N.E., Fridley, Minnesota. (Request by Laura Vagovich, 5400 -4th Street N.E., Fridley, Minn.) Anyone who desires to be heard with reference to the above matter may be heard at this meeting. ROBERT A. MINISH CHAIRMAN BOARD OF APPEALS Ak 1. 2. A 3. City of Fridley THE MINUTES OF THE BOARD OF ,APPEALS MEETING OF SEPTEMBER 12, 1972 e i i mea n• e s..•e • i ee�a The meeting was called to order by Chairman Minish at 7:31 P.M. MEMBERS PRESENT: Minish, Crowder, Harju, Sondheimer MEMBERS ABSENT: Wahlberg OTHERS PRESENT: Darrel, Clark - Community Development Administrator MOTION by Crowder to approve the minutes of the August 29, 1972 meeting as written, Seconded by Harju. Upon a voice vote, there being no nays, the motion carried unanimously. Mr. Clark stated the rear yard variance has been withdrawn by Mr. Nicklow and a revised parking plan has not been submitted as yet. Chairman Minish stated this item will continue to be tabled until Mr. Nicklow submits a revised parking plan. Mare ;Mbar Sajady requested this item be tabled to the September 26, 1972 meeting as he could not appear at the September 12, 1972 meeting. MOTION by Crowder to table this item until the September 26, 1972 meeting. Seconded by Harju. Mr. Sondheimer requested that Mr. Sajady present a useable layout of his construction (a scaled dimensional drawing) when he appears before the Board. A VOW& UPON THE MOTION, there bejpg no nays, the motion carried unanimously. LOTION by Srowder to waive remding the public hearing notice. Seconded by Sondhelmer. Upon a voice vote, there being no nays, the motion carried, ti nutes of the Board of Appeals Meeting of September 12. 1972 Page Mrs, Vagovich was present to present the request, Half -section maps were shown to the Board so they could see the location and shape of the lots. Mrs. Vagovich explained they have owned this land since 1941 and at that time the lets had over 10,000 square feet. In 1942 the Highway Department approached her about deeding a triangular piece off from these lots to them, approximately 1,000 square feet, so they could use the dirt for road purposes. She understood thew to say the land would be deeded back to her in approximately a years time after the Higlxway Department had removed all the dirt they wanted. Since they did not use the land at that titter, they deeded it to the Highway Department and were paid $400.00 for doing so. When Mrs. Vagovich put the lots up for sale in 1965, she discovered that this trigWlar piece of property had not been deeded back to them and now their lots dial not have enough square footage to build a two family dwelling on them, Mar. Clark stated that from what Mrs. Vagovich has told the*, it sounds like the Highway Department was taking a slope easement, which means the land is owned by the Highway Department for two years and then the land reverts back to the owner. Mr. Sondheimer asked Mrs. Vagovich if she has a potential buyer for the lots. s, Vagovich stated she has had several potential buyers, but each time they call City Hall and are told a double could not be built on the lots. The buyer she has now won't buy until yrs. Vagovich can guarantee him that he can build a double on the lots. ire@ Vagovich said she has started action on getting the triangular piece of property back, but she has been told it will probably take a year or more. Mr. HAx,ju asked if she would pursue getting the land back if the Board granted the variance. x. Clark stated that there might be a legal problem getting the land deeded back and then getting it added back to be part of these lots. He added that if the Board grants the vsrianceg it wouldn't be to anybodys advantage to pursue getting the land back. He said the land is still there and not being used, the Highway Department just took some dirt off from it. Mrs. Vagovich stated the dwelling on the lots to the north of her lots is approximately 120 feet from the adjoining property line and she thought these people would be willing to sell part of their land to her buyer if he needed more l=d for his building KQTJON by Crowder to close. the public hearing. Seconded by Harju. Upon a voice votes there being no nays, the motion carried nimoussly. Mr. Karju stated this request saems reasonable in that the land is there physically. The owxier should gnat a survey of her lots to find out exactly how much land is remaining, The land ie there in either case and it 1s not a detriment to the remaining property, whether the people can go across the small piece deeded to the Highway Depamtent or not. R 4. The Minutes of the Board of Appeals Meeting of September 12, 1972 Pane 3 Mr. Crowder said he could see nothing wrong with the request. He added the dimensions of the property that the Highway Department took has not been exactly spelled out. If the sale of the land is made, and the remaining property is found to be less than 9400 square feet, the Board would have to consider another variance. He asked if there is some way the variance could be granted and avoid 4 possible second variance on square footage. - Mr. Clark suggested using the wording of Lots 4 & 5, except that part taken for highway purposes, NOTION by Crowder to approve the variation of square footage on Lots 4 & 5, minus the property taken by the Highway Department, which leaves approximately 9400 square feet, and allow a two family dwelling to be constructed. Seconded by Sondheimer, Upon a voice vote, there being no nays, the motion carried unanimously. Mr. Clark explained this item had been withdrawn by the applicant. '#. Y I A I AN The meeting was adjourned at 8:15 by Chairman Minish. Respectfully submitted, L2 - Z, J MARX HIM Secretary REGULAR COUNCIL MEETING OF SEPTEMBER 25, 1972 PAGE 4 MOTION by Councilman Mittelstadt to approve the lot split requested by John Koprowski subject to the stipulations imposed by the Planning Commission and suggested by the City Engineer. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Pro tem Breider declared the motion carried. MOTION by Councilman Mittelstadt to receive the Minutes of the Planning Com- mission meeting of September 6, 1972. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Pro tem Breider declared the motion carried. RECEIVING THE MINUTES OF THE BOARD OF APPEALS MEETING OF SEPTEMBER 12, 1972: The City Engineer adivsed the Council that Item #1 (William Nicklor;) and Item #2 (Dr. Akbar Sajady) are still pending before the Board. A REQUEST_ FOR A VARIANCE OF SECTION 45.063, 1, FRIDLEY CITY CODE, TO REDUCE THE MINIMUM LOT AREA FOR A TWO FAMILY DWELLING FROM 10,000 SQUARE FEET TO 9,400 SQUARE FEET TO ALLOW THE OWNER TO SELL THE LAND WITH THE UNDERSTANDING THAT A TWO FAMILY DWELLING COULD BE BUILT ON LOTS 4 &_5, BLC(IK 8, HAMILTON'S ADDITION TO MECHANICSVILLE, THE SAME BEING 5526 77H STREET N.E., FRIDLEY, MINNESOTA. (REQUEST BY LAURA VAGOVICH, 5400 4TH STREET N.E., FRIDLEY, MINNESOTA): The City Engineer said that this property is located just north of I. 694 on 7th Street. The Board of Appeals approved the request with the provision that only a two family dwelling could be built on the lots. MOTION by Councilman Utter to grant the variance requested by Laura Vagovich from 10,000 square feet to 9,400 square feet to allow the construction of a two family dwelling only. Seconded by Councilman'Mittelstadt. Upon a voice vote, all ayes, Mayor Pro tem Breider declared the c-i)tion carried. MOTION by Councilman Mittelstadt to receive the Minutes of the Board of Appeals Meeting of September 12, 1972. Sec(;nded by Councilman Utter. Upon a voice vote, all ayes, Mayor Pro tem Breider declared the motion carried. RECEIVING THE MINUTES OF THE CATV ADVISORY COMMITTEE MEETING OF SEPTEMBER 8, 1972: MOTIQN by Councilman Utter to receive the Minutes of the CATV Advisory Com- mittee Meeting of September 8, 1972. Seconded by Councilman Mittelstadt. Upon a voice vote, all ayes, Mayor Pro tem Breider declared the motion carried. RECEIVING THE MINUTES OF THE CATV ADVISORY COMMITTEE MEETING OF SEPTEMBER 12, 1972: MOTION by Councilman Utter to receive the Minutes of the CATV Advisory Com- mittee Meeting of September 12, 1972. Seconded by Councilman Mittelstadt. Upon a voice vote, all ayes, Mayor Pro tem Breider declared the motion carried. RECEIVING THE MINUTES OF THE CATV ADVISORY COMMITTEE MEETING OF SEPTEMBER 14, 1972: MOTION by Councilman Utter to recgive the Minutes of the CATV Advisory Com- mittee Meeting of September 14, 1972. Seconded by Councilman Mittelstadt. Upon a voice vote, all ayes, Mayor Pro"tem Breider' declared the motion carried. ., . 1 „._. . _. REGULAR COUNCIL MEETING OF SEPTEMBER 25, 1972 PAGE 3 MOTION by Councilman Mittelstadt to approve the final townhouse develop- ment requested by Robert McGregor subject to the plan for the circulation of water in the ponding area being approved by the Engineering Department. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Pro tem Breider declared the motion carried. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF SEPTEMBER 6, 1972: The City Engineer reported that Item #1 - a request for a special use permit by Blaine Construction, Inc., is still pending before the Planning Commission. REQUEST FOR A SPECIAL USE PERMIT, SP #72-10, BY CHARLES JORDAN: Continue service station and permit addition of U -Haul rentals on east 125 feet of Lot 18, Block 2, Central View Manor per City Code Section 45.101, B, E. MOTION by Councilman Mittelstadt to table this item for 30 days until the action is accomplished on the rezoning request for this parcel of land. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Pro tem Breider declared the motion carried. REZONING REQUEST, ZOA #72-10, ROBERT SCHROER: Lot 1, Block 1, Lots 2 & 3, Block 2, and north 230 feet of Block 3, East Ranch Estates 2nd Addition. Rezone from M-2 to C -2S (general shopping areas) MOTION by Councilman Mittelstadt to set the public hearing date for this item for October 16, 1972. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Pro tem Breider declared the motion carried. PRELIMINARY PLAT P.S. #72-04, BY MRS. FLORENCE SWANSON:. Generally lying south of Ironton Street and west of Ashton Avenue. MOTION by Councilman Mittelstadt to set the public hearing date of October 16, 1972 to consider the plat requested by Mrs. Swanson. Seconded by- Councilman yCouncilman Utter. Upon a voice vote, all ayes, Mayor Pro tem Breider declared the motion carried. PRELIMINARY PLAT, P.S. #72-05, MEADOW RUN ADDITION, BY FIVE SANDS, INC.: Generally located south of 79th Way, east of East River Road, west of the railroad tracks and north of 77th Way. MOTION by Councilman Mittelstadt to set October 16th for the hearing to consider the plat, Meadow Run, by Five Sands. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Pro tem Breider declared the motion carried.' LOT SPLIT REQUEST L.S. #72-07 BY JOHN KOPROWSKI; Lot 13, Auditor's Subdivision #23 Revised. Thq city Engineer showed the area on the screen and said that the west side of tbqgg 12IRerg �V t Q WJJ; eventually have to be served with water & sewer. He said'G wanted to emphasize that Jn thg future the property owner will receive an additional assessment for sewer and water, and that there will have to be an east/west easement for future utilities for access to the back lot lines.