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LS 78.01cIT� a FAicL�v. SUBJECT- _--- M dt SOTJA► COMMISSION APPLICATION ION REVIEW UeaarlmenvUivisioraNumber I ev 0Approved by Oats ""Pt lot j 4 FILE NO/ AOORESS FILE OATS _ _ COMPLETE REVIEW CHECKLIST ;F17d A AZE. 2 RETURN TO PLANNING OUR OATS., Y� Nd�• COMMENTS El Darrel' �. exp �ir! sleweh ee_ 1yxm o111_4 G/dNC, 1o;11 /'G v�iG Q COv % UQi�arce s � d /off s/nl� a�l� Van, - 414e ��� r D Coura�►e Q S�%evl¢o Dick.0 . ve pf,,�_f&afof #� t3 vaaaim000'& w Ame 2`% 11011uoj9 is 1657.5 � �,► �f'/off'.. ac�4� 4.19 Are it;,? ard9 coaPfaolte wa id be- iq&o 'P /oi was otowasa f"® e !D -f Coverage be ie7 eowvhaft a e . 415,, a 3'sAs{ wot.laQ G reawwe_ .-I/ e 9Ara?e os? a comer- IV Feorn I',- fie o-efvesfd 0, zrl Planning Commission MAILING LIST SP #78-03 HARVEY :D.: ROLSTAD second accessory building (Also for-,Narianc,e request) Ms. Fern;A.'Dennis` Mr.. &. Mrs. Theodore Willman 4579 2nd Avenue N.E. 4603 Maio St_reet.N.E. Fr1fdley,''Mn`55421 Fridley,. Mn 55.421. Mr. & Mrs Donald Richtsme.ier. Ms, Audrey'E.. Supple 4921 2nd -'Street 'N.E': 4615 Main Street N.E. Fridley M6'55421 Fridley .Mn -55421 Mr, & Mrs. Sheldon $ergquist. Mr. & Mrs.�Davi.d Batcher 4571-73 Main Street N.E. 4627 Main Street N.E. Fridley, Mn 55421 Fridley,.Mn 55421, Mr. Harlen *.H. Menk' - Mr. .&.. Mrs. James..Sanders 4591 Main- Street .t. 4639'Main Street N.E. Fridley, Mn 55421 ,.Fridley, Mn.55421. Mr. & Mrs. Lowell-Wei,nand.,.. Mr. Joseph Powers 4610 2 1/2! Street N.E.. 4542 -fid Street N.E: Fridley, Mn 55421 Fridley,.Mn 55421 MriR -,&. Mrs. Donald Carr-o,1..1 Mr." &Mrs. Roger Frakie: 4604.2 1/2 Street N.E.. 4548.2nd Street N.E. Fridley, Mn 55432 Fridley,'Mn 55421 Mr. & Mrs. Jerry McKnight 4607 2nd Street N. E.`` Fridley, Mn 55421 Ms. Hilda M. Gill 4615 2nd Street N.E. Fri,dley,,Mn..55421 Mr.: & Mrs. Eugene Wi.cklund 4623 2nd 'Street N.E."' Fridley, Mn 55421 Mr. Joseph.Kummrow 4632, 2nd Street 4. E.: Fridley; Mn 55421..' Mr. & Mrs. William Buster 4620 2nd Street N.E. Fridley, Mn 55421 Mr. & Mrs. Harney.Ro.lstad 4608 2nd Street N:'E' Fridley,, Mn 55421, T q 6..-37 B P !. ,._..,n_. ... .... .. _._ _. `� ,. .. . - r � � - - __-._ ' -v._. _ � � � ..� � �� .r j . � .��i}}}}ter (.gyWw d '.7 $ _51 00 City ®f Frill i p AT THE TOP OF THE TWINS a 7 APPLICATION TO BOW, F APPEALS ' COMMUNITY DEVELOPMENT DIV. }����+ PROT�CTtvE GR'}9PECT1®N SEC. { ; e ,{ � i CITY' H%(,Q_ FRIDLEV •- A3d� NUMBER - 4%V--�OAiE� - -- PAGE OF JAPOVeVAO 1 00 Name ,. '..�hoeie Legal Y+o' 1 B3.acPc Nom fact'<®r Aden."` • ` ,� _ Description �hlR R -.RI AriiRsiiigi'Wli+ii Variance Ragusa C(s a a ucxudxn- ' ' - 'T�a*d seas-(4Lttacii- jplit' �j s� ey of property Y' st�owriiiq builda.. 9. vari�nc©o �t � , where ,kpPiic: e) . OS�� 3 ojOS+ 0WZ a Too _-e'er s"EDL »`".-' -f m%•` _ -_ v,4 En len r Z v ' wog'; D5 4�: - Data _� .. Meeang Date Fee Ae.c apt No.. 3- -76 .aa - Comments & Recommendations. by. :...... the Board of Appeals City �Pux�cil. Act? pn and `Dame �. , ... .Jt _. .b't, p�EJ'.: l ',.5 :. 9J'_ Y, .. r.tR .. � y •� ., y -e. rrs ? .,. r. i .. � .. .. v. :rr• ... ._•a-. .. s ..... �..c- ..i».. 9.,. �.. .✓ •t . ,t 12' .. L 1 .. • r..{:. 11 :.1�=.�.'•� �1 � v i City of Fridley r AT THE TOP OF THE TWINS ` v q_-,,-- COMMUNITY DEVELOPMENT ENV. PROTECTIVE INSPECTION SEC. CITY HALL FRIDLEY 55432 612-580-3430 MAW APPLICATION TO BOARD .OF APPEALS (Staff Report) � NUMBER 910-F23 HHV. 1 DAM - 3/21/.75 PAGE OF 2 2 APPROVED gY 80o Staff Comments Board members notified of meeting by date notified, and "Yes" or "No" for plans Name to attend hearing. List members, Plan Date To attend Pearson making appeal and the following property owners having property within 200 feet notified: By whom • Name Date Phone or Mail Notified Item #3, March 14, 1978 ADMINISTRATIVE STAFF REPORT 4600 2nd Street N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.053, 4,B, requiring that any attached or unattached accessory building which opens on the side street should be at least 25 feet from the property line on the side street. The purpose served is to allow for off-street parking without encroaching on the public right of way. Also the aesthetic con- sideration of the neighborhood to reduce the building line of site encroachment into the neighbor's front yard. Section 205.053, 3, limiting lot coverage in a residential area to 25% of the lot. The purpose served is to eliminate the condition of overcrowding of residential areas.. B. STATED HARDSHIP: If I make the corner Lot 3 foot bigger,.it would move the lot line into the driveway up to the old house, and if I make the house smaller it will be too small for a family:of 6 people. C. ADMINISTRATIVE STAFF REVIEW: This variance item is subject to the approval of a lot split and Special Use Permit for a second accessory building. Staff has recommended a 62ft.-58ft. split which would negate the need for a lot coverage variance. The existing 22' x 30' garage would remain, with a new ruck under garage added to the proposed house. The tuck under garage would open on to 46th Street. House plans are not available -,at this writing. Please not also that a 58 foot lot, rather than a 55 foot lot, would move the garage back 3 feet to make it 23 feet from the side yard property line. The boulevard is approximately 12 feet. AMENDED NOTICE_ OFFICIAL NOTICE CITY' OF FRIDLEY PUBLIC HEARING BEFORE THE APPEALS COMMISSION TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN THAT THE APPEALS COMMISSION of the City of Fridley will meet in the Council Chamber of the City Hall at 6431 University Avenue Northeast at 7:30 P.M. on Tuesday, March 14, 1978, to consider the following matter: A request for variances to the Fridley City Code as follows: Section 205.053, 5, B, to reduce the side yard setback of an existing detached garage and a proposed tuck under garage, which both open on a side street, from the required 25 feet to 20 feet, and Section 205:053, 3, to increase the maximum lot coverage by the main building and accessory buildings from 25% to 26.4%, to allow the construction of a dwelling with a tuck under garage (subject to approval of a Special Use Permit, SP #78-03 for a second accessory building),. to be located on Lot 15, and the Southerly 15 feet of Lot 14, Plymouth Addition, the same being 4600 2nd Street N.E.,.Fridley, Minnesota. (Request by Harvey Rolstad, 4608 2nd Street N.E., Fridley, Minnesota 55421). Anyone who desires to be heard with reference to the above matter may be heard at this meeting. VIRGINIA SCHNABEL CHAIRWOMAN APPEALS COMMISSION ., ... f .. t ,, _ t r � i �, �.. �.. `� � ' a f � � � .. ... .. � ... -_ -r' 1 y � � � � i� APPEALS COMMISSION MEETING - MARCH 14, 1978 'Page 8 ; W—TION by Mr. Barna,_seconded by Mr. Plemel, that the Appeals Commission recommend approval of the request for variances of the Fridley City Code as follows: Section 205.075:1,E,1 to allow the required off-street parking ,stalls to be zero feet to the front property line; Section 205.075,19D,, to reduce the required parking stall width from ten feet to nine feet, and square footage from 200 square feet to 180 square feet, to allow 9 ft by 20 ft parking stalls; Section 205.075,1,E,3, to allow the parking stalls to be located four feet from the front side property lines; Section 205.138,5, to allow the location of a garbage receptacle screened and on hard surface in the front yard, rather than the required side or back yard; to allow the continuing use of the front yard parking and dumpster locations on Lot 26 and 27, Block 89 Hyde Park, the same being 6035 Main Street NE, Fridley, Minnesota, UPON A VOICE VOTE, all voting aye, the motion carried unanimously at 8:42 P.M. 3. REQUEST FOR VARIANCES'OF THE FRIDLEY CITY CODE, AS FOLLOWS: SECTION 205.0530,B, TO REDUCE THE SIDE YARD SETBACK OF AN EXISTING DETACHED GARAGE AND A PROPOSED TUCK UNDER GARAGE, WHICH BOTH OPEN ON A SIDE STREET, FROM THE REQUIRED 25 FEET TO 20 FEET; AND SECTION 205.053,3, TO INCREASE THE MAXIMUM LOT COVERAGE BY THE MAIN BUILDING AND ACCESSORY BUILDINGS FROM 250/6to 26,4%, TO ALLOW THE CONSTRUCTION OF A DWELLING WITH A TUCK -UNDER GARAGE (SUBJECT TO APPROVAL OF SPECIAL USE PERMIT, SP #78-03 FOR A SECOND.ACCESSORY BUILDING), TO BE LOCATED ON LOT 15, AND THE OF LOT 143, PLYMOUTH'ADDITION, THE SAME BEING 4600 b.STR"NE, FRIDLEY,' MINNESOTA, (REQUEST BY HARVEY ROLSTAD, TREET NE, FRIDLEY MINNESOTA 55421). MOTION by Mr. Barna,. seconded by Mr. Kemper, to open the Public Hearing, Upon a voice vote, all voting aye, the.motion carried unanimously. The Public Hearing was opened at 8:47 P.M. ADMINISTRATIVE STAFF REPORT A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.053,42B2.requiring that -any attached or unattached accessory building which opens on the side street should be at least 25 feet.from the.property line on the side street. The purpose served is to allow for off-street parking without encroaching on the public right of way. Also the aesthetic consideration of the neighborhood to reduce the building line of site encroachment into the neighbor's front yard. I APPEALS .COMMISSION MEETING - MARCH 14,1978 Paae 9 ,Sd'ction 205.053,39 limiting lot co'ver'age; .in, a residential area to 2'5/ ;of the lot'. The purpose served .is;..to 'eliminate the 'condition, 6f, overcrowding of residential areas. ; B. STATED HARDSHIP:, If I make the corner Lot three feet bigger, it would move the - lot line into the driveway up to the old.house; and if I make the house smaller, , it..will be too, small for :a family ,of six people. C. ADMINISTRATIVE STAFF REVIEW: This variance item is subject to the approval of a lot split and a Special Use' Permit for a second accessory building. -Staff ha's recommended a 62 ft, . - "58 ft, split` which would negate the need'! ` for a lot coverage variance. The existing 22 ft x 30 ft garage would remain, with. a new tuck -under` -garage added to the proposed house. The tuck under garage would open= an 'to' 46th 'Stre'et; House plans are not available at this writing. 5� Please note also,,, that- -a: 58' foot lot, rather than ``a `foot lots would, move the garage back three fe6.t to' make it .z3,- feet from the side yard property line. The boulevard is approximately 12 feet,' Chairperson Schnabel, explained that the Special= Use' Permit 'request' would appear before the Planning .Commi`ssion on March 2?,. ',1978. She said the request was being made to allow a second accessory building in addition to a new house with a`tuck-under"garage to bbeconstructed. She said that the Lot Split request' -would also be heard by the Planning Commission on March 22, 1978. Mr. Moravetz said.. that. Stafffelt the. Appeal's Commission could make recommendations on'the variance made subject to°the Lot -Split. He said that both variance requests were, reasonable and``Staf"f-didri't anticipate any problems. Chairperson ,Schnabel--explainaed where' the `existing` house and garage were located on a sketch the Commission had available.: :She said that the petitioner owned. the ent'.,re, pxope.rty ;in question,. „ She said: that 'Mr. Rol tad wanted to ap7,' t the`_pr,operty ;thereby creating; a separate building site,incorporating they:existing.garage viith the: newly created building site. APPEALS COMMISSION MEETING - MARCH 14, 1978 Page 10 11r4 Rolstad had the plans of the house.with him. He said that the; plans, wpre,..not• e�actl.y .what .he was going to build..He.said- that the house he was building was to be two feet longer.than the one shown on the plans, and he said that his house would not have the firepl"ace, .. He said that he planned oto' have a solar heating', unit located on the roof of the planned house. Mr..-Rolstad said that he needed the extra garage space,to store - cars, boats,, etc.y Chairperson ;Schnabel asked;;_ if any of the garage space: would be used for anything other than their private usage. Mr. Barna asked if any of the garage`space would be used for business -type activity, Mr. Rolstad said that tho.garages were all needed and would be used for their,.personal .activities. and storage... Mr., .•Rolstad showed the,Commission. on; the sketch' approximately where the proposed::hou.se would: ;be- built, and where. the_,,existent garage was located. Mr Morave.tz sai:.d, .that =-whatever -the. Appeeals. Commission, decided that' n%ght:, it- lvould: not,- have., any ;effect: o.n. the Lot Split request that;.would go .before the. Plannln.g •Commission on March 22nd;, .H,e said that Mr. Holden suggested that both variances be received at the March 14th meeting prior ,to the Lot. Split and.pend ng• :tha Special Use,:Permt approval. Mr, Kemper< said that, the. Appea].s:_Comm ssian :had tot view the. request as an existing situation, without, -considering any type of lot split. MOTION lay,. Mr,; Piemel, seconded by;Mr.. Barna, to. close the Public Hearing; -, Upon a, voice. vote, all voting' aye, the motion: carried, unan mgktsly,. The,,,Public Hearing- -was. closed at 9:02 P.M. MOTION by Mr. Plemel, seconded by Mr. Barna, that the Appeals Commission recommend approval of,�the request, -for `variarices� of�:the, Fridley. City; Code,,•. asfollows;; -S'eati6h 205.0`53; 5,Ba to reduce' the `side yard setback ` of 'an existing detached garage'and:a proposed tuck -under garage, which both open- on a- side street-, ° from the required 2,5 deet to `20 `feet;; Section 205.053,3 to increase the maximum lot coverage by the main building and accessory buildings from 25016 to 26.4%; to allow the construction of a.dwelling with a tuck -under garage (subjectto approval of Special Use Permit, SP #78-03 for a second accessory building), to be located on Lot 15, and the southerly 15 feet of Lot 149 Plymouth Addition, the same being 4600 2nd Street NE, Fridley, Minnesota. . yy APPEALS COMMISSION MEETING MARCH 142 1978 Page 11 UPON ,A VOICE VOTE, all voting aye, the moti©pl•;cr.ea; 4. REQUEST FOR .VARIANCESOF ' THE FRIDLEY CITY'.CC► E, AS FQZLC1i 1S t_, , ; p SECTION'205,075212E 1, TO ALLOW THE REQUIRED OlaF-STREET PARKING 205 a7 't. BELQCATED IN,THE,, „ QUIRED FRONT YARD, AI�r,SETTQ�i�;.. 4 STALLS .,TO t`3" ; ' 0' IL : QF ' RET: PARKING 4 FEET FROM x'11E, ,O' LINE INSTEAD OF''17HE;; REQU:lpn Ib: FEET'; AND SECTIONS 2054p7 REDUCE THE : REA.UIRED-4 P'Alk ]N3 • STALL WIDTH FRONT' 1'0 `FEET TO 9 FEET," AND SQUARE FOOTAGE FROM ,200',, SQUARE FEET T0: ,1;��0..��R� IE ET ALLOW 9 FT. BY :26? "F'T., PARIOCt G., STALLS, TO .A EN "CONTINUA�ON • OF, ) , ' EXISTING PARKING IN'`FRpNT IjOR SIDE YARD ON LOTS 1. araC. 1,Q:,,,,� BLOCK 89 HYDE PARK' `TIDE SAME BEING 6011 MAIN STREET NE, `rRIbLEY, : MN. ( REQUEST B,Y : KENNETh F, , P TERSO'N, 2441 ,1�Y�j,D LE AVENUE SOUTH,e .' MTNNEAPOLIS, 'NIT;; MOTION by Mr. Kemper, �`660nd�d iy Mr. Plemel, to_ open Hearing. Upon• a voice-yptp,,; aL,1g1 Voting aye, the motiop,,,,Q=r ped unanimously. T ' e ,PubiiC ,Hear i Vias opened at 9:06 R. Mr. Thomson was present'' at the' `IAdeting representing Mr. petersori: y A M�NS,T,,R.AT•IVE STAFF At A. PUBLIC - PURPOSE SiRVE`D BY "k TREMENT: ` Section 20 . 5 0'�<5;1 9,x,,1 , gto b ting parking in+ � equire'd frdrit The purpose serve is i � P P ,, 0 x t el visual pollutio'ri in ^the � xO yard. - Section 20 0 1 E ' 16 ' _< 5. 53. , , , 3, Prohibiting parking aiiy c�:Qee;r t�,an. , ,, five feet from the side property.line. The purpose served is to reduce visual pollution in area adjacent to lot lines and to separate parking with landscapgU. ares' Section 205.05391 , D, requiring a parking stall to b'ek a.in�tu�ii7 1` of 10 feet by 20 feet and 200 square feet, The purpose served is to provide adequate r66i 6twoi vehicles, `B. STATED HARDSHIP: We wish to continue the present front yard The cost for making a -parking lot would. be would increase the rents too much for that off -str�e pafi7k1i1" prohibitive area. R �q; .Z , `,., Vit'.\:•S�s N0.202-i1S BK. 242/1 AR.RY S. JOHNSON COMPANIES, INC. 401 WEST 78TH STREET X 4 @LOOMINGTON. 'MINNESOTA 55420 PHONE .612, SBA -5341 - CERTIFICATE OF SURVEY I_ r,-ONOTVs LCIT- --- lid 24.i - - O, r 1_s - �N T; Carz:¢�TS �urtc r`� WAtiL �Lu10Ei - - � (rOA15 �SSJ Gt�Ofi � N - A 0 in I I 1 hereby certify that this is a true and correct representation of a survey of the bowuic>r'ies of: PARCEL A Lot 13 and that part of Lot 14, lying north of the South 16 feet, all in Block 12, PLYMOUTH, according to the recorded plat thereof, Anoka County, Minnesota. PARCEL B Lot 15 and the South 16 feet of Lot 14, all in Block 12, PLYMOUTH, according to the recorded plat thereof, Anoka County, Minnesota. Arm of the location all buildings therm, and all visible ericroaclrrients, if any, on or from said [ arid. As surveyed by me or under my directs e, vi s i on thi y Of tJlPy 1978. - Harry S. J � urveWr, Minn. Reg. No. 5665 K o� a I R R Y S. JOHNSON COMPANIES, INC. 401 WEST 79TH STREET BHOOMINGTON. MINNESOTA 88420 PHONE 1612) BB4-8341 CERTIFICATE OF SURVEY ;= FOR -=�r�—_�z�Y��- IN CITY of OMM Im MI GNAL M THS ACOPAW Of UUM.. • WCAUM n1DN& -- 00F4oTV---w-ow--�_^— 00 DATA IS POR 0000AWN PN M a4Y , ON THE fRw r_-0 � TY T* .i ---'5--- -` I-Cff 14 n AV. y� • call Jot's% U001 BOOTe d go VEMM . �' W. REQv IRE® BY LAW OAUY10 'VISION SAFETY CONTROL ZOO VO NOT PLAINT Cif{ PLACE � THING IN PROV OFHTHE CITY OF F IQ Gyri 0 DAY NOTICt-; TO CITY D1\1. RmulilFm FOR .EPl1OVA1. Q+R,Q IREPLACI AT DRIVEWAY OPEN hereby certify that this is a true and•correct representation of a survey of the tow�ries of: PARCEL A Lot 13 and that part of Lot 14, lying north of the South 16 feet, al 1. in Block 12, PLYMOUTH, according to the recorded plat thereof, Anoka County, Minnesota. PARCEL B Lot 15 and the South 16 feet of Lot 14, all in Block 12, PLYMOUTH, according to the recorded plat thereof, Anoka County, Minnesota. Are of the 1oGition all buildings thereon, and alt visible encroachments, if any, on or from said Land. As sw-ve5ed by me cir under my direct s envisioyth' 21!� d of Apri 1, 1978. Harry S. J uveyor, Minn. Reg. No. 506 ft N Rs, o r .~ 1 52 FJ REGULAR MEETING OF APRIL 3, 1978 ING 7-1978 PAGE 3 MATTERHORN a MOTIONN Councilman Schneider to receive the letter dated March- 31, 1978, from Mr. Quingn Larson, Principal of North Park Elementary School, regarding stop signs atgis Lane and Matterhorn Drive. Seconded by Councilman Fitzpatrick. Upon a voic vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Sc' eider read the letter received from Mr. Larson requesting a three-way stop��ign at Regis Lane and Matterhorn Drive in order to create a safer condition for school children in the area. A petition was alreceived from residents in the area for the stop sig on Matterhorn Drive nd Regis Lane. MOTION by Councilmd'o Schneider to receive peition #7-1978 requesti9d'stop signs on Matterhorn rive at Regis Lane and on all four corners where East Danube intersecs West Danube. Seconded by Councilman Fit#atrick. Upon a voice vote, al' voting aye, Mayor Nee declared the moti# carried unanimously. d Councilman Schneider st ted there was an unfortunate acct nt on Regis Lane where a child was hit, b t not seriously injured, and ay hough this is not directly related to the op signs, it does focus .on concern the residents have that Matterhorn Driv is a speedway. Recognizi that stop signs are not the best speed control evice, Councilman Schnef3der felt there was sufficient justification fo the stop signs in or 4r to help the speeding and traffic problems. MOTION by Councilman Schneider o install a ree-way stop sign at the inter- section of Matterhorn Drive and .egis Lane opping Matterhorn both in the North/South direction and at the ast ent nce to Regis Lane. Seconded by Councilman Barnette. Councilman S nei stated there is a concern that with the stop signs on Matterhorn D 'v and Regis Lane, East Danube Road would be that much more traveled. H' stated there has been discussion with residents in the -area and, for the s` part, they are in agreement with stop signs for Danube Road. Mr. Sobiech stated the staff fe,O's stop sns are not the best devices for speed control. �® Councilman Schneider indica 6d he concurs wit Mr. Sobiech's statement, but felt the Police Depar 'ent can't cover all laces at one time in order to enforce the speed lim' . Mr. Ralph Carpenter, 5 90 Matterhorn Drive stateNtted ith the frontage road on I-694, the t ffic flow has changed. He Matterhorn Drive is a wide street a ' gives the appearance of bei�natterhorn ter than a residential street. He Indic ed he felt a responsiblity to restts on Danube Road to have the stop igns, if stop signs are installed oand Regis and increase th traffic on Danube Road. UPON A VOICE TE TAKEN ON THE ABOVE MOTION, all voted ayk and Mayor Nee declared th tion carried unanimously. Mr. LeeA eam, 5457 E. Danube Road, expressed the dangerous ituation they have in eir area and that vehicles have taken out his mailbo several times. Mr. qliftn Curten, 5498 W. Danube Road, indicated agreement with M Atheam's compnts regarding the dangerous traffic situation. VION by Councilman Schneider to install a four-way stop sign at ENt. and est Danube Road. Seconded by Councilman Barnette. Upon a voice v all voting aye, Mayor Nee declared the motion carried unanimously. w:a� REGULAR MEETING OF APRIL 3, 1978 i PAGE 4 153 RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF MARCH 22, 1978: The Council received the minutes of the Planning Commission Meeting of March 22, 1978, and considered the following items: JOSEPH SINIGALIO, SAV #78-01, 3rd & University: MOTION by Councilman Fitzpatrick to set the puGlic hearing for this item for May 8, 1978. Seconded by Councilman Schneider. Upon a voice vote, all voting a e, Mayor Nee declared the motion carried unanimously. HARVEY ROLSTAD, SP #78-03, 4600 .2nd Street N.E. AND H LSTAD L.S. #78-01, 4600 2nd Street N.E. Since these two requests, one for a special use permit and the other for a lot split, directly relate to each other, they were both considered at this time. Mr. Sobiech, Public Works Director, stated a lot split is proposed in order to split off the Southerly 16 feet of Lot 14, Block 12, Plymouth Addition and add it to Lot 15 to make a buildable single family lot. The Planning Commission has recommended approval of this lot split. The Appeals Commission recommended approval of the variances to reduce the side yard setback from the required 25 feet to 20 feet and increase the maximum lot coverage for the main and accessory buildings from 25% to 26.4% to allow construction of a dwelling with a tuck -under garage, subject to approval of Special Use Permit #78-03 for a.second accessory building. The Council discussed the access and one suggestion was possibly to enter from 2nd Street by a driveway which would be close to the property line to the South or to require an easement in the former alley to the rear .yard of the property to the North. Councilman Fitzpatrick indicated his inclination would be to ask Mr. Rolstad to come back with some guarantee of access through the alley. Mr. Rolstad indicated he spoke with that neighbor and could receive an easement to get into the back yard. Mr. Sobiech felt by building the garage on the most Northerly lot, this would insure there was no problem with the lot. Mr. Herrick, City Attorney, felt one solution might be to grant the lot split, subject to an agreement that thegarage be built on the Northerly lot and require that it be built prior to new occupancy of the house. He felt this agreement could be in the abstract so anyone buying the house would be aware, before occupancy of the house, that a garage would have to be constructed. Councilman Fitzpatrick stated this would mean that either Mr. Rolstad or the buyer would have to build a garage before occupancy of the house to the North. Mr. Rolstad felt this.was unfair and couldn't see the problem as he could obtain access. Mayor Nee explained the proposal by Mr. Rolstad puts the Council in a position where they would violate several areas of the code. Since, according to the code, the house requires a garage. He stated by allowing the lot split, it would make the house no longer a lawful residence because it doesn't have a garage. Mr. Rolstad felt young people may be buying the house and that they probably wouldn't be able to build a garage for several years. He questioned if two accesses wouldn't be sufficient, and felt he was being forced to build a garage. 54 RrSur•nR rtr:tTlNc nr_nrRrL _,, l�nrt PAGE 5 Mr. Herrick stated another rrrluirc•ment with lots, r•er.ulting from lot splits, havinq, lcos than 15 fcr•L lot width, a minimum of a single garagr should be provided, which would apply .in Mr. Rolstad's cas • Councilman Barnette stated the point here is that there may he access, but A garage to yet to. Councilman Fitzpatrick felt they should tahle this item for another week. so that Mr. Rolstid could mceL rjith str,lf and try to come up with a proposal to satisfy the ordinance. MOTIni} by Councilman Fitzpatrick to continue these items to the April 10, 1978, meeting, Secnndcd by Councilwan Schneider. b'pon a voice vote, all voting aye, Mayor Flee declared the radon caried unanimously. APPEALS c01"+,lT TON !,FETING OF M;RCH 14, 1972: A. ROD„F`( 60?1i'A}N STREET: B. RIMA RD HART, 6035 ,`AIN STUET: C. KENPFTH PETFRSO", 6911 MAIN STREET: D. KINNETH PETERFON, 6519 },UN STPFFT: Mr. Sobiech, Public t:ork.s Director, stated all the variance requests for Items A through D are in relation to the street improvement projects in the Hyde Park area. He stated the staff has been working with the property o"ers to come up with a solution on the parking, as these properties were constructed prior to the Zoning Code and there weren't requirements regarding the number of parking stalls per unit. Mr. Sue i ech stat:rd ho 411. the cni: t i ry situation Laul d con0nun if the re are Certain impro/ewertS on the properties. He then proceeded to review the variances recommended for approval by the Appeals Commission regarding the off-street parking, parking stalls, location and location of the garbage recept?cle for p-vparties at 6021 %mol 6^35 M2in Strr-et. Mr. Sobiech reviewed the variances for the properties at 6011 and 6019 Main Street regarding off-street pardng, location and size of the parking stalls, and continuation of existing parking in the front yard. He stated an island would be provided; as shown on the drawing, to eliminate the long street -type parking situation and provide landscaninq and improve the aesthetics. He explained access would be closed to the rear yard.. Mayor Nee felt there was another alternative for parking for the properties at 6011 and 6019 Main Street because of the adjacent vacant property. Mr. Qureshi, City Manager, questioned if the vacant property wasn't used for parking what other use could be made of A. Mr. Sobiech stated the lot could be used for a duplex without any need for a variance. 140TION' by Councilman Fitzpatrick to concur with the recommendation of the Appe in rc,"mission for aprrcval of variances for properties at 1021 and 60b rain Street, as filed by Rodney Uaara and ^ich,,rrl Hart, with the stipulation that the front yard parking he blackt:opp�d, curbing be a provided as recommended'by the City staff and rubbish containers be screened. Further, that the improvements be coordinated with the street improvement project and he completed no later thin September 15, 1978. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ' t;r_Gufn1� lr_I rtr:r_flr_Arh1I. x,_191; . PAGE 6 M0110 l by Councilman FiL7patrick to concur with the recunneondation of the Appeal; Ccrnwission for approval of variances fear propurties aC bVll and f;Ul7 Main :,1.rret, a; filurl by Kciinoth 11of.er,on, with the.stipulation that the frrnrt y,ird parkincl ire hlacl•M;,prri.; curbingAT providvd aj; rerommAtiml by LhP Lily l ai l and rubb inh cnnta invr, he screened., turthpr, f hat. the typrovements be cuurdinaLed with L e SLInut imur;0ve:,irnL:l,101jec:t and he completed no later than SuptcmLer 15, 1972. Supandyd by CoUcillity Barnette, Upon a voice vote, Cuuncili.ian Fitzpatrick., Gnu ncilman.Forrette, Counci lm h Schnvrrlrr and Cbunci loran Hooern i k vutod in frcvo'r. 1,1ay6r Nee Voted against the notion. Mayor (tee declared the moti_gn, caa-riccl by a 4 to 1 vo Le. E. JEAN OLSON-OAZDA. 5961 MATH; SIREFT: Mr. Sohiech, Public Works Director, stated the petitioner would like to insure the front yard parkincl and improve the rear yard ayea some •time in the ,future. He stated the petitioner is :requesting tne-paye_, olya in front be allowed to continue'as front yard parking. Y - Mr. Gazda appeared before the Council and indicated he has two handicapped persons iia the duplex and Ur:as better for thei .to haypyhont yRrd•parking. He stated' i L would be hard to say, at this time, then he -would make the improver.enT for the rear yard parking. Cbunc'ilno n Fitzpatrick stated because of the possibijity.gf access from the alley, the, lecohmen{atlon of ths Appeals Cap%ission, and in view of the hardship stated by the petitionor, he would move'tFe #oj,cwQg.: , MOI ION by Councilman Fitzpatrick to concur with the necommdation, of the Appeals Commission and grant the variances. Seconded -by -C:puncilr.an Hai:,ernik, Mr. Qureshi, City Manager, felt the variance could be allowed for a certain period of time, if the Council feels there is a hardship. Mayor Nee didn't feel this would be fair to the rest of the resi.de.nt2_sit,e Mr. Ganda would be the'only one on the street who:wciulif be:permiLted to havfront yard parking. He didn't feel there was the need for front yard parking since,it would be the sane nua:ber of steps to the 'Front yard as to the. back yard. Mr. Herrick, City Ataorney, felt it would be most practical to'put a time limit on the variance. COUNCILHAN FITZ ATRICK THEN WITHDREW HIS MOTION WITH PERi•IISSION OF HIS, SFCONDFP, COUNCILMAN HAMERNIK. MOTION by'Counrilma.n Fitzpatrick to grant approval_ for the variance to. allow front yard parking for a period of five years. Seconded by. Councilman Hamernik. 140TION b;' Councilman Hamernil, to amend the abovemot-ibd that:the zvariance be for a five year period or until such time the property is sold, which- ever comms sooner. Seconded by Councilman Schneider. Upon a:•voice vote, all votii:g aye, Mayor Nee declared the motion carried unanimously. UPC?1 A VOICE VOTE TAKEN ON THE MAIN fiOTION, a'11 voted aye, and Mayor Nee declared the notion carried unani ously. Mr. Schiech,statcd it is the City's ultimate plan not to provide front parking, but to have 162 property owner Make in improvement to the 'rear I of the property for parking. 66 PUBLIC HEARING MEETING OF APRIL 10, 1978 PAGE 5 Mr. Sobiech stated the Commission's recommendation was to move the sidewalk East of 7th Street, along the Junior High School property, for a tie into Monroe Street. He stated this would involve acquiring some easements from private property owners. Councilman Schneider stated there were several other concerns raised at the last meeting regarding the sprinkler system, fencing, trees, etc. Mr. Qureshi, City Manager, stated it would cost about $4,000 to relocate all these items. Mr. Hedren stated they did not want to cause any problems with the park and stated if these are the requirements, the School District is certainly willing to•go 50/50 on the cost. Mr. Qureshi stated.;Councilman Barnette had discussed these additional costs with the School Board, after Mr. Pierce had attended the previous meeting. Mr. Hedren stated another aspect, which hasn't been finalized, is the use of Parkview School as a Community School and the serving of lunches to senior citizens. He stated,with construction of the sidewalk, it would also provide access for the senior citizens to the school. -Mr. Sobiech stated that, with development of the senior citizen and housing complex, sidewalks will be installed by the developer along the West side of 7th Street. Mr. Qureshi pointed out that, at the present time the City would not relocate the ballfields, however, some signing would be put up. It would be necessary, however, to relocate trees and some of the sprinkling system. Councilman Schneider questioned if the City would be opening itself to some additional liability by not moving that ballfield and someone was hit by a ball. Mr. Qureshi stated he felt, when sidewalks are along a park, you always have this potential. He felt it would be safer if the ball fields were relocated and backstops installed, however, this would result in additional cost. Mr. Qureshi stated the School Board has indicated that whatever cost is involved, they will contribute 50%. Mr. Saunders, the affected property owner, indicated he had no objection to the sidewalk construction and would give easement to the City as long as there is no sidewalk assessment to their property. Mr. Qureshi stated an easement will be necessary from Mr. Saunders and the City would work with him on any replantings and landscaping. MOTION by Councilman Schneider to close the Public Hearing. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and.the Public Hearing closed at 8:08 p.m. OLD BUSINESS: V Y CONSIDERATION OF REQUESTS BY HARVEY ROLSTAD; SPECIAL USE PERMIT S..P.#78-03 AND LOT SPLIT L. S. 78-01; 4600 2ND STREET TABLED APRIL 3, _1978): l % Mr. Sobiech, Public Works Director, stated Mr. Rolstad was invited to attend the meeting, but would be here later since it wasn't anticipated the Council would be considering this request until a later hour. It ,OR, _,^ ( � 11 PUBLIC HEARING MEETING OF APRIL 10, .. � � PAGE G' ,67.` Mr. SobiechPublic Works Director, stated staff has met with Mr. Rolstad regarding his requests for a special use permit.and lot split. He stated it was learned that r'~^~^'~' ~~x~'~ of the property have indicated^they ^ to construct a -garage requirement, in conjunction with the mz split, would be no /em. He felt there should be an additional stipulation on the ��t� �.� . .� completed by September], 1979^ ' Mr.3ob1ech stated staff would recommend the,driveWay.access be Street tothe rear yard. 'He stated this was 8omeo�6 North and has Mr' 5obiech stated there is 'the possibility of the garage being attached to the.house which Would ' \ necesuitate the need for a variance.' Mr. Sobiech stated one alternative, which the staff woul'di' ^ -is access from 46th Avenue through vacated properties. He felt this would .. for vehicles and equipment going through the oose quurrers. Mr, Sob ech stated Mr'-RoUstad felt there would be no problem ' in having,., the garage requirement put in the abstract so any potential buyer would be aware they would have to construct a garage' MOTION by Councilman Fitzpatrick to concur with the recommendation nfthe Planning Commission and grant Lot Split #78-01, as requested by Harvey Rolstad, with the stipulation that a garage beconstructed `on the property, � by September l° 1879, and recommend that this garage have access from2nd Street; further, the City take steps to make sure this is apparent in the abstract. Seconded by Councilman Schneider. Dpnna`vuice vote, All voting Mayor Nee declared the motion carried unanimously. MOTION by Councilman Fitzpatrick to concur with the;rer ~ enda.iu' 'uf ' the Planning Commission and approve Special Use Permit #78-03, as requested by Harvey Rolytad. 5euunded by Counuilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee aetiared declared motion carried unanimously' � Later in the meeting, Mr' Rolstad advised he had signed a purchase agreement | ~ for'his property and has indicated certain garage requirements to the buyer. He stated one thing put in the purchase agreement was the option for access from 46th Avenue through the vacated alley. Councilman Fitzpatrick indicated there may be certain problems involved with _ access from 46th Avenue and asked Mr. 3nbieuh to review the comments he made earlier. Councilman Fitzpatrick stated, if the buyer feels strongly about access from - 46th Avenue, he has the right to petition for this, but felt he did not want to change the motion to automatically give that access. ` Mayor Nee felt the buyer could work out an access, without City approval, because it involves private land. . Mr' Rolstad pointed out that he felt the buyer would build*an attached garage. Mayor Nee ted there probably would be more of a problem to build an attached garage, because of the extreme variance required., and the buyer would have to apply for a variance. Mr, Qureshi, City Mahager, pointed out that whether the access is from ` 2nd or 46th, it has to he a paved access. , Mr. Sobiech stated staff would review, with Mr. Rolstad^ the stipulations i of the lot split regarding construction of the garage no later than | September l, 1979, and the requirements for a paved access. - COUNTY OF ANOKA NOTICE OF CONDITIONS STATE OF MINNESOTA LOT SPLIT WHEREAS, Harvey D. Rolstad and Sylvia L. Rolstad, husband and wife, fee owners of Lots 13, 14 and 15, Block 12, Plymouth Addition, have petitioned the City of Fridley for a lot split of Lot 14 - . for the purpose of obtaining two building sites from'the above— described property; and WHEREAS, the City of Fridley has approved said requested lot split wleerein the Northerly 24. feet of Lot 14, together with Lot 13, will be considered one building site; and the Southerly 16 feet of Lot 14, together with Lot 15, will be considered as a second,-' building site; and r WHEREAS, said lot split was conditioned upon an -agreement that the fee owners would construct a garage on Lot 13 and the Northerly 24 fi-et of Lot 14 on or before September.1, 1979, and that access to the garage would be through a hard•surfaced driveway. NOW THEREFORE, notice is given that-tiie above fee owners, their successors and assigns, are required to comply with said condition on or before September 1, 1979. •. William J. Neef ayor City of Fridle) ENTERED STATE OF MINNESOTA) COUNTY OF ANOiCA* ) AudROr, Ano County �%y 13Y On �_ Debut On this 1'day of ',C'� , 1978, before me, a Notary -- Public within and for said County, personally appeared William J. r - Nee, to me known to be the person described in and who executed the foregoing instrument and acknowledged that he executed the same as his free act and deed. ! A:bt3;�N Public CITY OF FRIDLEY 6431 UNIVERSITY AVENUE N.E.,? FRIDLEY, MINNESOTA 55432 TELEPHONE (612)571.345D Harvey Rolstad 46082nd Street N.E. Fridley, Mn 55421 Dear Mr. Rolstad: July 11, 1978 CITY COUNCIL ACTION TAKEN NOTICE RE: L.S. #78-01 and SP #78-03 On April 10,.1978 , the Fridley City Council "o'fficially approved your rco-jest for LotSplit and tial Use Permit with the stipulations 1 is;�c; below. Please review the noted stipulations, sign the statemient below, and return one copy to the City of Fridley. If you .have any questions regarding the above action, please call the Community Develcpmant Office at 571-3450. JLB/de Stipulations: Per Attached Agreement Sincerely, hROLD L. Gt? ,RD to CITY PLANNER Concur with action taken.