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VAR 05.7301114. Qt/y of Fridley 4T THE TOP OF THE THAN* --------- GOMMWHITY DEVELOPMENT CIV, PROTEGTIV9 IN1ft0TWH on+: CITY MALL "NoLSY Won .J N2 -SM -3"0 i�JEGT APPLICATION TO BOARD OF APPEALS mum= 91 - DAL P"E (W 1 Ov 9Y 800 Nam 6 Address Diq uio % 1C w 1 fc Pt.- i 4 & 7""— STT cucr x Phone Legal DesC. Lot No.Block No. s Tract or Addition 1p,IC-6- e C(CV-1 `TERQA" Variance Requested (Attach plat or survey of property showing location of proposed building, etc., including adjoining properties and ownership within 200 feet of said property,) UAQY AzQoiazQ /0 rd; Soar"4) ?a 8S CO�tlS7P-uC 7 � 13 /Ji✓• x /9 `a Meeting Date Fee Receipt No. k'. "r-)� Opinions and Recomm ndation by the Board of Appeals 4 /S 192-3 For Above Recommendation Against Recoamendations City Council Action and Date `YAQ-u 9 2-3 0j2Q t [ham c_ i e � f�� City of Fridley AT TME TOP OF TME TWINY --------- COMMUNITY DEVIKLOPMENTDIV, i F"OTECTIVL MYtOTION DLR, I i �-- CITY MALL /NIDLLY "OR j 02-960"3400 ila�J[CT APPLICATION TO BOARD OF APPEALS (Staff Report) NUMMRLV 910-F23 DAT[ 0 2 15/73 E OR 2 2 er 800 Comments by administrative official denying original request for building permit or other permit. (To be completed by administrative official. Appropriate Ordinances and sections of Ordinance to be cited.) Board members notified of meeting by / List members, date notified, and "Yes" or "No" for plans t6 attend hearing. Name Date Plan to Attend UL Person making appeal and the f llowing property owners having property w thin 200 feet notified: Phone Notified B ' , \ Name / Date or Mail (.Initial) / —�—Z3 Of7.�41, �641 ,/ 23 - 9 v - (o % �2 - 'JU /o 84-�Cdivt - to %/ 6- 2 CL JO-Ly _Zt� - -419 C0sZ �- OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE BOARD OF APPEALS TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN THAT the Board of Appeals of the City of Fridley will meet in the Council Chamber of the City Hall at 7:30 P.M. on Tuesday, May 15, 1973 to consider the following matter: A request for a variance of Section 45.053, 4B, Fridley City Code, to reduce the required side yard from 10 feet to 8.5 feet to allow the construction of an addition onto an existing structure located on Lot 4, Block 5, Rice Creek Terrace Plat 4, the same being 6746 - 7th Street N.E., Fridley, Minnesota. (Request by Mr. David Richter, 6746 - 7th Street N.E., Fridley, Minn.) Anyone who desires to be heard with reference to the above matter may be heard at this meeting. WILLIAM DRIGANS CHAIRMAN BOARD OF APPEALS ` The Minutes of tge Boa]Cd of ALEeais Meeting of May 15, 1973 Page 8 Ms. Judith Shea was present to present the request. She said the sign is now located on their Hopkins Office and they plan to cut it down to be 90 to 95 square feet. She said this sign is very much the same as what is existing at Holly Shopping Center and they would be occupying the last office on the west and of the center. She said by being able to use this sign they would be saving approximately $2,000.00 in cost. 6 Ms. Shea continued the sign will be interior lit and will be attached to the front canopy of the building. She said it will be tipped at an angle toward • University Avenue, as all the signs are, for easier readability. Chairman Drigans stated the Board had received a letter from Edina Realty, Inc. which stated their variance request. MOTION by Wahlberg, seconded by Harju, to accept the letter from Edina Realty, Inc. Upon a voice vote, there being no nays, the motion carried unanimously. Ms. Shea said that the furniture store that will be moving in next door to them will have a smaller sign than they are allowed so that end of the shopping center won't be unbalanced. MOTION by Crowder, seconded by Wahlberg, to close the public hearing. Upon a voice vote, there being no nays, the motion carried unanimously. Mr. Harju asked if any other stores in Holly have received variances. Chairman Drigans said he knew Leibs had received a variance and he thought Penny's had a variance. Mr. Crowder and Mrs. Wahlberg both stated they had no objection to the variance. MOTION by Wahlberg, seconded by Crowder, to recommend to the City Council, approval of the variance. Upon a voice vote, there being no nays, the motion carried unanimously. Jig iiiiiiiiii MOTION by Wahlberg, seconded by Crowder, to waive reading the public hearing notice. Upon a voice votes there being no nays, the motion carried. Mr. Rickter was present to present the request. Mr. Rickter stated he would like to construct a 17 foot 2 inch by 18 foot addition onto the back of the house. He said they would like the addition to be flush with the north wall of their home that is 8.5 feet from the lot line. He added their garage is on that side of their dwelling so it does have a legal setback now. Mr. Rickter said the addition would be a dining room and family room with a door into the kitchen. The addition would have sliding glass doors out the back. Die Minutes o -f Late ooard of Ai oeaA-s Meeting, of May 15, 1911 Page 9 ' Mr. & Mrs. Joseph Mikre, 6756 - 7th Street, neighbors to the north, came forward to hear the presentation. Mr. Mikre said he did not wish to object to the variance but he did want to ask about the addition creating a fire hazard, setting a precedent in the neighborhood, and wondered if it would devalue his property. Chairman Drigans stated Mr. Rickter is within the Code right now as a garage can be within 5 feet of the lot line but living area must be 10 feet from the line. He said the applicant could move the addition 1.5 feet further away from the line but that would result in a jog in the wall, which might look worse than having the addition closer to the lot line. Mr. Mikre asked about the fire hazard. Chairman Drigans answered that the Board trys to keep 15 feet between structures and he said that since Mr. Mikre's house is 7.13 feet from the line, there should be no problem as to creating a fire hazard. MOTION by Crowder, seconded by Harju, to close the public hearing. Upon a voice vote, there being no nays, the motion carried unanimously. Chairman Drigans said that the apparent hardship is that he wants to keep the addition flush with the addition but he would not be going any closer to_ the line than he is already. Mr. Crowder stated that technically, he is a long way from the adjacent structures. MOTION by Crowder, seconded by Harju, to recommend to the City Council, approval of the variance for the reasons stated above. Upon a voice vote, there being no nays, the motion carried unanimously. ADJOURNMENT The meeting was adjourned by Chairman Drigans at 11:35 P.M. Respectfully submitted, MARX HINT Secretary - REGULAR COUNCIL MEETING OF MAY•21, 1973 PAGE 15 MOTION by Councilman Breider to approve the construction of a dust collector at 7521 Commerce Lane. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unaimously. MOTION by Councilman Utter to receive the minutes of the Building Standards Design Control Subcommittee meeting of May 10, 1973. Seconded by Councilamn Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously, CEIVING THE MINUTES OF THE BOARD OF APPEALS MEETING 01 MAY 15, 1973: 6 REQUEST FOR A VARIANCE OF SECTION 45.053, 4A, FRIDLEY CITY CODE, TO REDUCE THE ERONT YARD SETBACK FROM 35 FEET TO 11 FEET TO ALLOW THE CONSTRUCTION OF A DWELLING QN LOTS 10 AND 11, BLOCK 1, RICE CREEK SCHOOL ADDITION THE SAME BEING 6700 ARTHUR ARE„„ ET N E., FRIDLEY MINNESOTA REQUEST BY MR. DENNIS RANSTROM, 3728 FOSS ROAD N. E., MINNEAPOLIS, MINNESOTA): The City Engineer said the action on the variance should be continued until action is taken on the vacation of the easement. A REQUEST FOR VARIANCES OF SECTION 45.134, 4, B1, TO REDUCE THE REQUIRED SIDE YARD WRTCH HAS A DRIVEWAY_ FROM 30 FEET TO 25 FEET AND. SECTION 45.135, 1, E3, TO REDUCI &DD N THE CONSTRUCTION OF A BUS GARAGE AND STORAGE BUILDING TO BE LOCATED ON LOT 1 SND THE NORTH 25 FEET OF LOT 2, BLOCK 6 RICE CREEK PLAZA SOUTH ADDITION, THE SAME BEING 6750 MAIN STREET N E., FRIDLEY, MINNESOTA. REQUEST BY MR. RODGER CHRISTIA 6473 UNIVERSITY AVENUE N. E., FRIDLEY, MINNESOTA.) The City Engineer said there was no action necessary on the item. A,REQUEST FOR A VARIANCE OF SECTION 56.05, 3A, FRIDLEY SIGN ORDINANCE, TO INCREASE THE MAXIMUM SIZE FOR A WALL SIGN FROM 75 SQUARE FEET (15% OF THE TOTAL WALL AREA) TO 95 SQUARE FEET, TO ALLOW THE ERECTION OF A WALL SIGN TO BE LOCATED ON LOT 18, BLOCK S. E,7,gE CREEK PLAZA SOUTH ADDITION, THE SAME BEING 6528 UNIVERSITY AVENUE N. E., FRIDLEY, MINNESOTA, (REQUEST BY EDINA REALTY, INC. 6528 UNIVERSITY AVENUE N. E., FRIDLEY, vrr���l5 r ` POTION by Councilman Breider to approve the variance for the wall sign from 75 feet to 95 feet as requested by Edina Realty. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. A REQUEST FOR A VARIANCE OF SECTION 45.053, 4B, FRIDLEY CITY CODE, TO REDUCE THE 'x REEQUMED SIDE YARD FROM 10 FEET TO 8.5 FEET TO ALLOW THE CONSTRUCTION OF AN ADDI' QN 0 AN EXISTING STRUCTURE LOCATED ON LOT 4, BLOCK 5, RICE CREEK TERRACE PLAT 4_, THE SAME BEING 6746 - 7th STREET N E., FRIDLEY, MINNESOTA. (REQUEST BY MR. DAVI. RICKTER_ 6746 - 7th STREET N. E.. FRIDLEY. MINNESOTA.) MOTION by Councilman Starwalt to approve the variance for the side yard set back from 10 feet to 8.5 feet as requested by Mr. David Rickter. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. MOTION by Councilman Utter to receive the minutes of the Board of Appeals Meeting of May 15, 1973. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carrried unanimously. REGULAR COUNCIL MEETING OF MAY 21, 1973 PAGE 16 " If gMS PERATION OF APPROVAL OF REVISED PLAN FOR REIDEL PROPERTY REQUEST BY WALL CORPORATION; The City Engineer said he had talked to the people from the Wall Corporation at 5130 that evening and they had presented a plan to him for the construction of all townhouses in the development of the Reidel Property. He said there is a problem of the density. He said the units within the R-1 zoning must be owner occupied according to the City Code. He said he had some reservations about the proposed access to the area under the new plan. He said the agreement made with the neighboring property owners must also be considered in the review of the plan. Councilman Breider asked if there was a plan they could review at the present time. Mayor Liebl asked if someone from the Wall Corporation would make a presentation on the proposed plan, Mr, Rudolph Dante, stated he was a representative from the Wall Corporation, and addressed the Council, He said in the original plan 108 units were multi .family units and 63 were townhouses. He said they had reevaluated their plans. He said the new plans were dropping from the multi family and adding all townhouses. He Paid there would have been 171 townhouses in the first plan. Mrs Dante said the ponding area would also be changed. He said they had originally planned for the installation of one pond and now they planned on putting in three ponds with a flowing creek connecting them. Mrs Dante said the new plan reduced the total number of units to 155. He said the portion of the land that may be considered for the library had been left out of the plan. Mr. Dante said the Wall Corporation has an agreement to staff and maintain the property of the total community development. Councilman Breider asked if there was a recreation building in the plan. Mr. Dante said yes, 800 square feet in size. The City Engineer said the recreational building is much smaller than was originally provided for in the first plans on the complex. He added, the original plans called for 2,000 square feet and an additional 1,000 square feet of swimming pool. Mayor Liebl said the units must be owner occupied and asked if the zoning was proper. The City Engineer said the zoning is not proper. He said the staff is concerned about protecting the neighbors. He said there are now 20 more on 7th Street than what they had told the people there would be. He said there are problems with the drainage and problems with the access. He added, before they planned a good recreation facility, and now it is not good. He said there is a review required by the Planning Commission for the construction of townhouses, unless the Council would like to by- pass this requirement. He said he did not feel the commitment made to the neighbor- hood could be met with the present proposal. Mayor Liebl said he thought this was a good plan because it is residential. He said he did not understand. The City Attorney said it is not a question of what the City would rather have'. He said there is a zoning requirement. He said the development may be beautiful and not fit the code. He said the developer would have to go through the procedures as stipulated in the Code.