VAR 09.86[1
September 10, 1986
Fridley City Council
6431 University Avenue N.E.
Fridley, MN 55432
Re: Reapproval of Side Yard Variance at 420 - 67th Avenue N.E.
Dear Sirs:
I received approval of a side yard variance on May 29, 1984, to convert
my existing garage to living area, which is located 7 feet from the
side yard. The Appeals Commission approved the request with no stipulations.
I did not convert my garage to living area.
I would now like the City Council to reapprove the variance of 7 feet
to allow me to construct a three season porch behind my garage.
I have attached a letter from my neighbor, Mr. Jack Kirkham, indicating
that he has no objections to this construction.
I would appreciate your favorable response to my request.
Thank you,
Mr. Martin Bistram
420 - 67th Avenue N.E.
Fridley, MN 55432
571-3218
r�
September 11, 1986
I, Jack Kirkham of 430 - 67th Avenue N.E., do
agree that Martin Bistram, of 420 - 67th Avenue
N.E., use a previous variance dated 1984 to add
on to the back of his home -to -make a three -season
porch and deck off the back of his garage and
kitchen.
-16
3 2 � ? ! 420 v t f• `;y • ` .� g �^ ` 5? ��
I Va fi
! ' I 470
A.
281 14
_ � ._ � •��� �� '�• � +` 8 � .
(6760 47
�`' l�f�t. 6•,s�' .O � � � 2 � 5 �A.� _ r1+ -� -P'� 482_ �
40
's4a 3 �•
+y.
b,1-4 ,,,�• • �� ,49 $ A s89 °i to 451 ^45g
WOW
� � 1g � � ,, � ° • ��3 4 9 q °°qq p o° G
oIY, b720 co
3 �.,.• h. Iz / QM 6�i6
dr
• 2 p 3
.o •.. ao
b t •s; 3 2
+2��, p• ,°jo46 471 481 y
o VE
v
380 67 N.E.
� !4 �0 370 'o >♦o �/' � O a fa
0
13 4 .
4 0
!!
6 0
I /S
SSS �
` f f 6
AVE. N.E.
I fl fa fl
I S� 372 374 3
�r
` q 8 390 39.
'12B
w 93
X00
I DO /OI 00
I/00 '00
9 B 7
3 ' zs
- � •,SCS 3�is �
t -- - -STATE- —AW -HfGH WAY .V
I 'Jir-46
Mr. Flora, Public Works Director, stated as part of the review process
associated with Mr. Farr's request for this vacation, staff has prepared a
memo identifying nine items, listed under Category A, which a still
outstanding commitments. He outlined these items as fol ws: (1)
Pedestrian lighting, required as per agreement dated 4/19 6 has been
installed only on the east side of Farr Lake pathway; (2) lace failing
retaining wall on the north side of Brenner Pass N. E. ; (3) move piles of
dirt and debris and sod 15 feet back of curb on the est side of East
Brenner Pass N. E. ; (4) Repair washed out drainage Swale at the end of East
Brenner Pass N. E. ; (5) Remove debris (street sweepin and plant grass seed
to establish ground cover on vacant lot area, Bl ck 4 and 5, Innsbruck
Village Second Addition, southwest of Black rest Condos; (6) Sod
boulevard, 15 feet back of curb, on the south of rth Innsbruck Drive just
west of New Brighton border; (7) Restore buffer between townhouse at 1511
North Innsbruck Drive N. E. and Mulvihill resi nce at 5601 North Danube Road
N. E. , as per City plan dated 9/19/86; (8) In 11 tot lot on common property
on Plat 5, as per agreement dated 4/19/ 6; and (9) Remedy erosion and
maintenance problems resulting from su arging on Block 210, Innsbruck
Villages.
Mr. Flora stated a $10,000 letter of
to cover the above items under C�
responsibility of the developer. �"
edit should be provided by Mr. Farr
gory A which staff feels is the
Mr. Flora stated the items, cov ed under Category B, should be worked out
between the Townhouse Associa ' n and the Developer. He stated these are as
follows: (1) Sod open area o South Bavarian Pass N. E. between Lots 36 and
37, Block 1, Innsbruck North Townhouses Plat 4; (2) Repair asphalt in the
driveway at 5677 West Bavar an Pass N. E. ; (3) Install sod 15 feet back of
curb and continue spruce ine on South Bavarian Pass N. E. , east of 1586
South Bavarian Pass N. E. (4) Sod 15 feet back of curb on south side of
Brenner Pass N. E. ; (5) eplaoe all temporary curbing with permanent concrete
curb and gutter on We Brenner Pass N. E. , Brenner Pass N. E. , and East
Bavarian Pass N. E. ; ( ) Repair asphalt depression in road adjacent to 5519
East Bavarian Pass N E.; and (7) Truck damage to North Innsbruck Court be
settled.
Mr. Flora /tyesurfacing
the items, under Category C, pertain strictly to the
Townhouse ion and these are as follows: (1) Improve asphalt pathway
around ponwhere necessary; (2) Replace broken path light
luminaire ast side of Farr Lake; (3) Repair asphalt in the parking
area on Bonction; and (4) Patdi parking lot on the northeast side of
Black Fores.
Mr. Efie , President of Villages of Innsbruck Townhouse Association, stated
they ar concerned with Item 5 under Category A. He stated the Association
has rwed all the debris and made an agreement with Mr. Farr that he would
seed nd sod this area. He stated he would like to make sure no more debris
is red here.
� Emery stated in regard to Item 9, nothing has been done to remedy
osion and maintenance problems resulting from the surcharging and the
WIC
problem is getting more serious because of the heavy rainfall.
Mr. Emery stated Item 2, under Category B, is the Associaton's
responsibility. He stated the main concern is Item 7 pertaining to the
truck damage to North Innsbruck Court. He stated he was advised brNMr. Dan
Farr this would be taken care cf. He stated he would like thi item moved
under Category A items which are the responsibility of the de oiler.
Mr. Farr stated their position is they would be respD7'4le only for the
Items listed by staff under Category A.
Councilman Schneider asked Mr. Dan Farr if Oey acknowledged any
responsibility for damages to the street. M . Farr stated they did
acknowledge some responsibility and woul work with the Townhouse
Association to take care of the problem.
Mr. Herrick, City Attorney, stated this i sue is really a matter between the
Townhouse Association and the dev el ope as this is a pr iv ate street. He
stated if it was a public stre , it would be within the City's
jurisdiction. Mr. Herrick felt th nhouse Association could adopt some
rules and by-laws on what they rej4uire on vacant lots regarding seeding and
sodding and what limits they to impose on their streets.
Mr. Emery stated they wouV like a guarantee there wouldn't be further
dumping on the/ea
s. Mr. Flora stated any change in the land,
requires a landpermit.
Mr. Emery askedhe letter of credit would be in effect. Mr.
Herrick stated in effect until all the items under Category A
have been complated it should be spelled out in the letter of
credit what wouf certain dates for completion of these items are
not met.
MDTION
867 and
is recei
timetabl
additi
i tem
Nee
by Cb cilman Schneider to waive the second reading of Ordinance No.
ado it on the second reading, after a letter of credit for $10,000
v and, if any items under Category A are not completed in the
shown, the letter of credit will be drawn upon. Further, in
to the nine stipulations listed above, under Category A, another
added that no dumping of any kind will be permitted on vacant
without a permit frau the City. upon a voice vote, all voting aye,
declared the motion carried unanimously.
NE i
7his item was considered early in the meeting.
7. CONSIDERATION OF A'yCO OF _ AR s.KE TO REDUCE THE SIDE YARD SETBAC
BISTRAM:
r
Mr. Flora, Public Works Director, stated the Council, in 1984, approved a
variance for property at 420 67th Avenue to reduce the side yard setback
f ran 10 feet to 7 feet to allow an addition to this home. He stated the
petitioner didn't complete this contruction and is now requesting the
Council re -approve this three foot variance in order to construct a
three -season porch behind the garage. Mr. Flora stated the adjoining
property owner has submitted a letter that he has no objection to the
variance.
MOTION by Councilman Goodspeed to re -approve the variance to reduce the side
yard setback frau 10 feet to 7 feet for the property at 420 67th Avenue to
allow construction of a three -season porch. Seconded by Councilman
Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the
motion carried unanimously.
8. RF EIVI w THE MINUTES OF THE PLANNING COMMISSION OF SEpTEMF3ER 24. 1986:
A.
Mr. Flora, Public Works Director, statedthis is request for a special use
permit to allow a second accessory building at 620 Lucia Lane. He stated
the property is zoned R-1 and is in a pr 'nately residential area. He
stated the petitioner proposes to oonstru a new garage approximatey 526
square feet to provide extra storage fo vehicles, as well as a boat and
trailer.
Mr. Flora sta/ch
Planning mmission recommended approval of this
special use peth four st' ations, which he outlined.
NOTION by CounSchne r to concur with the recommendation of the
Planning Comman grant special use permit, SP #86-12, with the
following stion (1) A hard surface driveway be provided with
construction oage; (2) Tires and debris be removed from the side
yard; (3) Boated to the side/rear yard or stored inside garage; and
(4) Garage ma, siding and roofing are to match existing house.
Seconded by Con Fitzpatrick. Upon a voice vote, all voting aye,
Mayor Nee dec1e motion carried unanimously.
B.
jeeirtc
ora, Public Works Director, stated this is a request for a special use
for property located on the corner of Commerce Circle South and
e Circle East to allow offices not associated with a principal use.
He stated the property is zoned M-1 and the building constructed on the site
is 21,040 ware feet with 50 parking spaces provided. He stated one-half
of the building would be used for offices and the other half for warehouse
-9-
COUNCIL MEETING OF OCTOBER 6. 1986
facilities.
Mr. Flora stated the Planning Commission recommended approval of this
special use permit with the stipulation that the developer provide the City
with tenant information prior to each occupancy of the building so that the
parking may be monitored to insure there is a sufficient number of spaces.
He stated this is similar to what was done with the Winfield Development
whose building was oonstructed as an office/warehouse facility.
Councilman Goodspeed questioned the trading of parking betwee Mr. Harris'
property and spaces at the Cbnmunity Park.
Mr. Harris, the petitioner, stated he would be willing o enter into an
agreement with the City for joint use of his parking and a City's parking
at the Community Park.
Mr. Flora stated the staff's concern is there re a lot of daytime
activities at the Community Park and if they have ch an agreement with Mr.
Harris, there may be a shortage of spaces avail ab a for the park.
Councilman Barnette stated the reality is the rk isn't used every day on a
constant basis and when special events are h d, they are usually only for a
short period of time.
Mr. Harris stated he hoped the decision t to enter into a joint parking
venture is not based only on a few day' use of the park.
Mr. Flora stated Mr. Harris' buildi is adjacent to the park and if all the
space is leased for offices, it would be an increased use, and if no
additional parking were provided it would be a problem.
Mr. Harris stated he wouldn't able to rent space to someone who needed
more parking than what he oo d provide so he felt some of these things are
self- correcting.
NDTION by Counilman Goo peed to concur with the recommendation of the
Planning Commission d grant special use permit, SP #86-141, with the
stipulation that the veloper provide the City with tenant information
prior to each occupy cy of the building. This information to include the
intended use, n of employees and gross square footage of each type of
usage e.g. office warehouse, manufacturing. City approval of any proposed
tenant is contin nt upon sufficient parking supply. Seconded by Councilman
Fitzpatrick. n a voice vote, all voting aye, Mayor Nee declared the
motion carri unanimously.
�M
-10-
CCiYOF
FRIDLEY
CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE (612) 571-3450
Martin Bistram
420 - 67th Avenue N.E.
Fridley, MN 55432
CITY COUNCIL October 7, 1986
ACTION TAKEN NOTICE
On October 6, 1986 , the Fridley City Council officially approved
Your request for reapproval of a variance to reduce the side yard setback.
from 10 feet to 7 feet at 420 - 67th Avenue N.E.
with the following stipulations:
None.
If you have any questions regarding the above action, please call the Planning
Department at 571-3450.
Sincerel ,
James L. Robinson
Planning Coordinator
JLR/dm
Please review the noted stipulations, sign the statement below and return one
copy to the City of Fridley Planning Department by October 21, 1986,
o
Concur with action taken
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF FRIDLEY
In the Matter of Reapproval of a Variance
Martin Bistram , Owner
74.64.34
CITY COUNCIL PROCEEDINGS
VARIANCE
The above entitled matter came before the City Council of the City of Fridley
and was heard on the 6 day of October , 19 86 , on a
petition for a variance pursuant to the City of Fridley'a Zoning Ordinance,
for the following described property:
To reduce the side yard setback from 10 feet to 7 feet to allow the construction of a
3 season porch on Lot 8, Block 5, Rice Creek Terrace Plat 3, the same being
420 - 67th Avenue N.E.
IT IS ORDERED that a variance be granted as upon the following conditions or
reasons:
See Council minutes of October 61 1986.
STATE OF MINNESOTA )
COUNTY OF ANOKA )
CITY OF FRIDLEY )
OFFICE OF THE CITY CLERK
I, Shirley A. Haapala, City Clerk for the City of Fridley with and in for
said City of Fridley, do hereby certify that I have compared the foregoing
copy and Order granting a variance with the original record thereof preserved
in my office, and have found the same to be a correct and true transcript of
the whole thereof.
IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at the City of
Frid y, Minnesota, in the County of Anoka on the day of
�Jt � r , 19`2•
DRAFTED BY:
City of Fridley
6431 University Avenue N.E.
Fridley, MN 55432
SHIRLEY A. HIAPALA, CITY CLERK_ °
Variances are valid for a period of one year following approval and, ;bhiai 1 be"
considered void if not used within that period.
`•SEAL ,
COUNCIL MEETING OF OCInBER 6. 1986
Mr. Flora, Public Works Director, stated the Council, in 1984, approved a
variance for property at 420 67th Avenue to reduce the side yard setback
from 10 feet to 7 feet to allow an addition to this home. He stated the
petitioner didn't complete this contruction and is now requesting the
V , Council re -approve this three foot variance in order to construct a
three -season porch behind the garage. Mr. Flora stated the adjoining
v property owner has submitted a letter that he has no objection to the
- variance. .
MOTION by Councilman Goodspeed to re -approve the variance to reduce the side
yard setback from 10 feet to 7 feet for the property at 420 67th Avenue to
allow construction of a three -season porch. Seconded by Councilman
Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the
motion carried unanimously.
8. R=IVING THE MINUrF..S OF THE PLANNING COA49ISSION OF SEPTEMBER 24, 1986:
A. CONSIDERATION OF A SPECIAL USE PRMIT, SP #86-12, TO A
_SECOND ACCESSORY BUILDING, GENERUM IACATED ON IAT 6D.
AUDITOR'S SUBDIVISION NO 21, THE SAME BEING 6620 LUCIA LANE
N.E., BY RICKY THRONDSON•
Mr. Flora, Public Works Director, stated this is a request for a special use
permit to allow a second accessory building at 6620 Lucia Lane. He stated
the property is zoned R-1 and is in a predominately residential area. He
stated the 'petitioner proposes to construct a new garage approximatey 526
square feet to provide extra storage for vehicles, as well as a boat and
trailer.
Mr. Flora stated the Planning Commission recommended approval of this
special use permit with four stipulations, which he outlined.
NDTION by Councilman Schneider to concur with the recommendation of the
Planning Commission and grant special use permit, SP #86-12, with the
following stipulations: (1) A hard surface driveway be provided with
construction of the garage; (2) Tires and debris be removed f rom the side
yard; (3) Boat be moved to the side/rear yard or stored inside garage; and
(4) Garage materials, siding and roofing are to match existing house.
Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye,
Mayor Nee declared the motion carried unanimously.
Mr. Flora, Public Works Director, stated this is a request for a special use
permit for property located on the corner of Commerce Circle South and
Comneroe Circle East to allow offices not associated with a principal use.
He stated the property is zoned M-1 and the building constructed on the site
is 21,040 square feet with 50 parking spaces provided. He stated one-half
of the building would be used for offices and the other half for warehouse
-9-
problem is getting more serious because of -the heavy rainfall.
Mr. Emery stated Item 2, under Category B, is the Associaton's
responsibility. He stated the main concern is Item 7 pertaining to the
truck damage to North Innsbruck Court. He stated he was advised by Mr. Dan
Farr this would be taken care of. He stated he would like this item moved
under Category A items which are the responsibility of the developer.
Mr. Farr stated their position is they would be responsible only for the
Items listed by staff under Category A.
Councilman Schneider asked Mr. Dan Farr if they acknowledged any
responsibility for damages to the street. Mr. Farr stated they did
acknowledge some responsibility and would work with the Townhouse
Association to take care of the problem.
Mr. Herrick, City Attorney, stated this issue is really a matter between the
Zbwnhouse Association and the developer as this is a private street. He
stated if it was a public street, it would be within the City's
jurisdiction. Mr. Herrick felt the Zbwnhouse Association could adopt some
rules and by-laws on what they require on vacant lots regarding seeding and
sodding and what limits they want to impose on their streets.
Mr. Emery stated they would like
dumping on the vacant lots. Mr.
requires a land alteration permit.
a guarantee there wouldn't be further
Flora stated any change in the land,
Mr. Emery asked how long the letter of credit would be in effect. Mr.
Herrick stated it would be in effect until all the items under Category A
have been completed. He stated it should be spelled out in the letter of
credit what would be done if certain dates for completion of these items are
not met.
MYr= by Councilman Schneider to waive the second reading of Ordinance No.
867 and adopt it on the second reading, after a letter of credit for $10,000
is received and, if any items under Category A are not completed in the
timetable shown, the letter of credit will be drawn upon. Further, in
addition to the nine stipulations listed above, under Category A, another
item be added that no dumping of any kind will be permitted on vacant
property without a permit frau the City. Upon a voice vote, all voting aye,
Mayor Nee declared the motion carried unanimously.
(Plo Lois 40-V Fikka
This item was considered early in the meeting.
k• /�� s: :_ �.� • �JLi_ I:� :_,ani • 71� M �: . i i 1
Ml 0 Z tool 2(w NO MDTTTI 10 70-VaNk1027M, I • 4:4 AM a Mme.
WKN
—8—
0
0
n
as
a
P-3
I
t -L
CA
i
es
746434
NulrnWcal�
c wr
Grantee.
Remded
Checked
Margin
Tr. Indext 1i/
OFFICE OF COUNIV RECORDER
STATE OF MINNESOTA, COUNTY OF ANOKA
1 hereby certify that the within instm.
ment was- Mad'in this office for record
on the
a; o'clock
o
a.
M., and was duly recorded