VAR 90-26STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF FRIDLEY
In the Matter of a variance, CYC49U-26 ,
Brickner Builders
0 920933
APPEALS COMMISSION PROCEEDINGS
Owner
VARIANCE
The above entitled matter came before the Appeals Commission of the City of
Fridley and was heard on the 2nd day of October , 19-20 ,
on a petition for a variance pursuant to the City of Fridley's Zoning
Ordinance, for the following described property:
To reduce the front yard setback from 35 feet to 17 feet, to allow the
construction of a single family dwelling on Lot 5, Block 1, Michael
Servetus Addition, the same being 991 - 67th Avenue N..E.
IT IS ORDERED that a variance be granted as upon the following conditions or
reasons:
1. The "extra" (bubble) portion of right-of-way be vacated within one year
(by October 31, 1991).
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
Fr ley, Minnesota, in the
DRAFTED BY:
City of Fridley
6431 University Avenue N.E.
Fridley, MN 55432
hereunto subscribed my hand at he City of
County of Anoka on the day of
li
SHIRLEY A. HOPALAP CITY CLERK V4�_
Variances are valid for a period of one year following approval and,, -§hall be
considered void if not used within that period. a Y
CITY OF FRIDLEY
APPEALS COMMISSION MEETING, OCTOBER 21 1990
CALL TO ORDER:
Vice -Chairperson Kuechle called the October 2, 90,
Commission meeting to order at 7:40 p.m.
ROLL CALL:
Members Present: Larry. Kuechle, K Vos, Cathy Smith
Members Absent: Diane Savag
Others Present: Michel cPherson, Planning Assistant
Tom ickner, 6240 Highway 65 N.E.
Appeals
MOTION by M . Smith, seconded by Dr. Vos, to approve the September
25, 1990 ppeals Commission minutes as written.
UPO A VOICE VOTE, ALL VOTING AYE, VICE -CHAIRPERSON KQECHLE
D LAKED THE NOTION CARRIED UNANIMOUSLY.
CONSIDERATION OF VARIANCE REQUEST VAR *90-26. By BRICKNER
BUILDERS:
Per Section 205.07.03.D.(1) of the Fridley City Code to reduce the
front yard setback from 35 feet to 17 feet, to allow the
construction of a single family dwelling on Lot 5, Block 1, Michael
Servetus Addition, the same being 991 - 67th Avenue N.E.
Ms. McPherson stated the property is located at the end of 67th
Avenue and is adjacent to the Meadowlands Park property. The
property is zoned R-1, Single Family Dwelling, as are the parcels
to the north, south, east, and west. The property is currently
vacant, and the petitioner intends to build a single family
dwelling unit in the future. The petitioner is requesting the
variance to allow the dwelling unit on Lot 5 to be in line with the
dwelling units on Lots 6, 7, and 8.
Ms. McPherson stated the parcel is within the original Michael
Servetus plat approved in 1978. This past summer, the City
approved the Michael Servetus 2nd Addition which created three
single family lots on the south side of the 67th Avenue right-of-
way and also created the lot for the Michael Servetus Unitarian
Church.
PPEALS COMMISSION MEETING OCTOBER 2 1990 PAGE 2
Ms. McPherson stated that soon after the plat was approved, the
City completed construction of the extension of 67th Avenue which
was not done in 1978 at the time of the original plat approval.
The street has been constructed such that the "bubble" of right-
of-way originally dedicated in 1978 is no longer needed. The
turnaround is more toward the south portion of the right-of-way.
Ms. McPherson stated that'staff has discussed with the petitioner
the vacation of that portion of right-of-way which would not be
used by the City; however, the length of the vacation process may
prohibit construction of a single family dwelling unit this fall
should the lot be sold. Therefore, the petitioner has applied for
the variance. In discussions as early as Monday, October 1, the
petitioner indicated that, if the variance is approved, he will go
ahead with the vacation process so that the City would have no
legal obligation for maintenance or responsibility for that portion
of the right-of-way.
Ms. McPherson stated granting the variance would allow the dwelling
unit to exist in line with the proposed dwelling units for Lots 6,
7, and 8, and would not be set back such a large distance from the
street. The spirit of the code would be met in the fact that the
distance from the pavement to the dwelling unit would not be
reduced. It would only be the distance from the dwelling unit to
the right-of-way line.
Ms. McPherson stated staff recommends the Appeals Commission
approve this variance request with the following stipulation:
1. The "extra" (bubble) portion of right-of-way be vacated
within one year (by October 31, 1991).
Ms. McPherson stated the petitioner should file the vacation to
include Lot 6, as a small portion of the bubble does extend into
Lot 6.
Mr. Kuechle asked that if the Commission grants this variance
request with the stipulation that the petitioner vacate the bubble
portion of right-of-way, what leverage does the City have to make
sure the petitioner proceeds with the vacation.
Ms. McPherson stated she is not familiar enough with the law to
know if the City has any leverage to do that. Normally when a
variance is granted, the variance runs with the property. However,
vacating the right-of-way is a better option because in reality the
property owner is going to be maintaining that portion of the
right-of-way anyway. If the City Council would decide not to
approve the vacation, staff has recommended that a hold harmless
agreement to release the City of any liability be signed by the
property owners of both Lots 5 and 6.
APPEALS COMMI88ION MEETING,
OCTOBER Z. 1990 PAGE 3
MO_ by Dr. Vos, seconded by Ms. Smith, to open the public
hearing.
UPON A VOICE VOTE, ALL TAHD �$ pUBLICEHEARI GERSON OPEN A�78S0
LZ
DECLARED THE MOTION CARRIED
B.M.
Mr. Brickner stated he had nothing to add to the staff report. He
stated he did not have any problem with the stipulation regarding
the vacation and he does plan to apply for a vacation of the bubble
portion of right-of-way.
MOTION by Ms. Smith, seconded by Dr. Vos, to close the public
hearing.
CRLE
UPON A VOICE, VOTED THE MOTION, CARRIED AND THE PUBLIC HEARING CLOSED ATALL W-ING AYE, VICE -CHAIRPERSON 7:53
DECLARE 7:53
P.M.
Ms. Smith stated that since staff is recommending approval, and the
petitioner is agreeable to the stipulation for the vacation, she
would be in favor of approving the variance. She stated one thing
she would like to see is that staff follow-up on this and make sure
the petitioner does apply for the vacation.
Dr. Vos stated his only concern is that all the drainage off Lots
5, 6, 7, and 8 and the street and the new plat all will go to the
little creek. The street is now a hard surface with a pipe under-
neath it that comes out into the creek which has caused some
drainage problems to the neighborhood. He stated this has nothing
to do with the variance and he would vote in favor of the variance.
He just wanted the City to be aware of this drainage problem.
Mr. Kuechle stated the variance makes sense and he would also be
in favor of approving it.
Dr. Vos stated that if the right-of-way was vacated, the variance
would not be necessary.
NOTION by Ms. Smith, seconded by Dr. Vos, to approve variance
request, VAR #90-26, by Brickner Builders, per Section
205.07.03.D.(1) of the Fridley City Code to reduce the front yard
setback from 35 feet to 17 feet, to allow the construction of a
single family dwelling on Lot 5, Block 1, Michael Servetus
Addition, the same being 991 - 67th Avenue N.E. , with the following
stipulation:
r The "extra" (bubble) portion of right-of-way be vacated
within one year (by October 31, 1991).
UPON A VOICE VOTE, ALL VOTING AYE, VICE -CHAIRPERSON RUECHLE
DECLARED THE MOTION CARRIED UNANIMOUSLY.
.,..70MEo 2_ 1990 PAGE 4
APPEALS COlririi SSlu'ri MEWING, wava..+s. -
ADJOURNMENT:
NOTION by Dr. Vos, seconded by Ms. 4;�
, to adjourn the meeting.
Upon a voice vote, all voting , Vice -Chairperson Ruechle
declared the motion carried a the October 2, 1990, Appeals
Commission meeting adjourn e 8.00 P.
Respectfully`�ed, _
Secretary
0.
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SHIRLEY A. HAAPALA
FRIDLEY CITY CLERK
6421 UNIVERSITY AVE NE
FRIDLEY MN 55432
Nram.a`
I
S:
CITYOF
FRIDLEY
FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432.(612) 571-3450 • FAX (612) 571-1287
APPEALS COMMISSION
ACTION TAKEN NOTICE
October 5, 1990
Tom Brickner
Brickner Builders
6240 Highway 65 N.E.
Fridley, MN 55432
Dear Mr. Brickner:
On Tuesday, October 2, 1990, the Fridley Appeals Commission
officially approved your request fo a variance, VAR #90-26, to
reduce the front yard setback from 3 t to 17 feet, to allow the
construction of a single family d lling Lot 5, Block 1, Michael
Servetus Addition, the same bein 991 - 67t Avenue N.E., with the
following stipulation:
1. The "extra" (bubble) portion of right-of-way be vacated
within one year (by October 31, 1991).
Siryder y,
Barbara Dacy
Planning Coordinator
BD:ls
Please review the above action and stipulation, sign the statement
below, and return one copy to the City of Fridley Community
Development Department by October 18, 1990.
Co cur with action taken
FRIDOF
LEY
FRIDLEY MUNICIPAL CENTER . 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 • (612) 571-3450 • FAX (612) 571-1287
October 3, 1990
Tom Brickner
6240 Highway 65 N.E.
Fridley, MN 55432
Subject: Variance on 67th Avenue N.E.
Dear Mr. Brickner:
This is to confirm our telephone conversation of October 1, 1990
regarding the vacation request of a portion of the 67th Avenue
right-of-way abutting 991 - 67th Avenue N.E. In order to complete
the vacation process as stipulated by the recommendation of the
variance approval, you need to submit the following:
1. A check for $40.00 accompanying the enclosed vacation form.
2. A legal description of the portion of the street right-of-way
to be vacated.
The City is requiring a $40.00 fee for the vacation since a
majority of the analysis for this request has been completed via
the variance review process.
Please complete and sign the enclosed application and forward the
abo,kre two items to my attention at your earliest convenience. We
will then schedule the item for Planning Commission and City
Council consideration as soon as possible.
Should you have further questions, please feel free to contact me.
Sincerely,
Barbara Dacy, AICP
Planning Coordinator
BD/dn
C-90-823
•
CITY OF FRIDLEY
•
APPEALS COMMISSION MEETING, OCTOBER 2, 1990
CALL TO ORDER:
Vice -Chairperson Kuechle called the October 2, 1990, Appeals
Commission meeting to order at 7:40 p.m.
ROLL CALL:
Members Present: Larry Kuechle, Ken Vos, Cathy Smith
Members Absent: Diane Savage
Others Present: Michele McPherson, Planning Assistant
Tom Brickner, 6240 Highway 65 N.E.
APPROVAL OF SEPTEMBER 25, 1990 APPEALS COMMISSION MINUTES:
MOTION by Ms. Smith, seconded by Dr. Vos, to approve the September
25, 1990, Appeals Commission minutes as written.
UPON A VOICE VOTE, ALL VOTING AYE, VICE -CHAIRPERSON KUECHLE
DECLARED THE MOTION CARRIED UNANIMOUSLY.
CONSIDERATION OF VARIANCE REQUEST, VAR #90-26, BY BRICKNER
BUILDERS•
Per Section 205.07.03.D.(1) of the Fridley City Code to reduce the
front yard setback from 35 feet to 17 feet, to allow the
construction of a single family dwelling on Lot 5, Block 1, Michael
Servetus Addition, the same being 991 - 67th Avenue N.E.
Ms. McPherson stated the property is located at the end of 67th
Avenue and is adjacent to the Meadowlands Park property. The
property is zoned R-1, Single Family Dwelling, as are the parcels
to the north, south, east, and west. The property is currently
vacant, and the petitioner intends to build a single family
dwelling unit in the future. The petitioner is requesting the
variance to allow the dwelling unit on Lot 5 to be in line with the
dwelling units on Lots 6, 7, and 8.
Ms. McPherson stated the parcel is within the original Michael
Servetus plat approved in 1978. This past summer, the City
approved the Michael Servetus 2nd Addition which created three
single family lots on the south side of the 67th Avenue right-of-
way and also created the lot for the Michael Servetus Unitarian
Church.
10.36
APPEALS COMMISSION_ MEETING. OCTOBER 2. 1990 PAGE 2
Ms. McPherson stated that soon after the plat was approved, the
City completed construction of the extension of 67th Avenue which
was not done in 1978 at the time of the original plat approval.
The street has been constructed such that the "bubble" of right-
of-way originally dedicated in 1978 is no longer needed. The
turnaround is more toward the south portion of the right-of-way.
Ms. McPherson stated that staff has discussed with the petitioner
the vacation of that portion of right-of-way which would not be
used by the City; however, the length of the vacation process may
prohibit construction of a single family dwelling unit this fall
should the lot be sold. Therefore, the petitioner has applied for
the variance. In discussions as early as Monday, October 1, the
petitioner indicated that, if the variance is approved, he will go
ahead with the vacation process so that the City would have no
legal obligation for maintenance or responsibility for that portion
of the right-of-way.
Ms. McPherson stated granting the variance would allow the dwelling
unit to exist in line with the proposed dwelling units for Lots 6,
7, and 8, and would not be set back such a large distance from the
street. The spirit of the code would be met in the fact that the
distance from the pavement to the dwelling unit would not be
reduced. It would only be the distance from the dwelling unit to
the right-of-way line.
Ms. McPherson stated staff recommends the Appeals Commission
approve this variance request with the following stipulation:
1. The "extra" (bubble) portion of right-of-way be vacated
within one year (by October 31, 1991).
Ms. McPherson stated the petitioner should file the vacation to
include Lot 6, as a small portion of the bubble does extend into
Lot 6.
Mr. Kuechle asked that if the Commission grants this variance
request with the stipulation that the petitioner vacate the bubble
portion of right-of-way, what leverage does the City have to make
sure the petitioner proceeds with the vacation.
Ms. McPherson stated she is not familiar enough with the law to
know if the City has any leverage to do that. Normally when a
variance is granted, the variance runs with the property. However,
vacating the right-of-way is a better option because in reality the
property owner is going to be maintaining that portion of the
right-of-way anyway. If the City Council would decide not to
approve the vacation, staff has recommended that a hold harmless
agreement to release the City of any liability be signed by the
property owners of both Lots 5 and 6.
10.37
APPEALS COMMISSION MEETING, OCTOBER 2, 1990 PAGE 3
NOTION by Dr. Vos, seconded by Ms. Smith, to open the public
hearing.
UPON A VOICE VOTE, ALL VOTING AYE, VICE -CHAIRPERSON RIIECHLE
DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:50
P.M.
Mr. Brickner stated he had nothing to add to the staff report. He.
stated he did not have any problem with the stipulation regarding
the vacation and he does plan to apply for a vacation of the bubble
portion of right-of-way.
MOTION by Ms. Smith, seconded by Dr. Vos, to close the public
hearing.
UPON A VOICE VOTE, ALL VOTING AYE, VICE -CHAIRPERSON RIIECHLE
DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:53
P.M.
Ms. Smith stated that since staff is recommending approval, and the
petitioner is agreeable to the stipulation for the vacation, she
would be in favor of approving the variance. She stated one thing
she would like to see is that staff follow-up on this and make sure
the petitioner does apply for the vacation.
Dr. Vos stated his only concern is that all the drainage off Lots
5, 6, 7, and 8 and the street and the new plat all will go to the
little creek. The street is now a hard surface with a pipe under-
neath it that comes out into the creek which has caused some
drainage problems to the neighborhood. He stated this has nothing
to do with the variance and he would vote in favor of the variance.
He just wanted the City to be aware of this drainage problem.
Mr. Kuechle stated the variance makes sense and he would also be
in favor of approving it.
Dr. Vos stated that if the right-of-way was vacated, the variance
would not be necessary.
MOTION by Ms. Smith, seconded by Dr. Vos, to approve variance
request, VAR #90-26, by Brickner Builders, per Section
205.07.03.D.(1) of the Fridley City Code to reduce the front yard
setback from 35 feet to 17 feet, to allow the construction of a
single family dwelling on Lot 5, Block 1, Michael Servetus
Addition, the same being 991 - 67th Avenue N.E., with the following
stipulation:
1. The "extra" (bubble) portion of right-of-way be vacated
within one year (by October 31, 1991).
UPON A VOICE VOTE, ALL VOTING AYE, VICE -CHAIRPERSON RUECHLE
DECLARED THE MOTION CARRIED UNANIMOUSLY.
10.38
APPEALS COMMISSION MEETING. OCTOBER 2.1990 PAGE 4
li•
NOTION by Dr. Vos, seconded by Ms. Smith, to adjourn the meeting.
Upon a voice vote, all voting aye, Vice -Chairperson Ruechle
declared the motion carried and the October 2, 1990, Appeals
Commission meeting adjourned at 8:00 p.m.
Respectfully ubmitted,
ye Saba
Rec rding Secretary
10.39'
s COMMISSION APPLICATION REVIEW
FILE NUMBER FILE DATE MEETING DATE FILE DESCRIPTION VAR #90-26
CITYOF 57 9-13-90 10-2-90 991 - 67th Avenue N.E.
FRIDLEY front yard variance
COMPLETE REVIEW CHECKLIST AND RETURN TO PLANNING DEPT.
MICHELE A
M.
MARK 91fV.�hA
JOHN
C.
LEON M.9 -z,/
JIM H. 1-04
El BOB A.
COMMENTS
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ZERO
CTTYOF PPIDLEY i •
6431 CITY AVENUE N.E.
FRMLEY, M 55432 Oommmity DeV+elopnea�t DeDnrtment
(612) 571-3450
L,/IQ , « 41KN 4�O - 10 (e: k,
PImPERTY IIGORMATIO}N - site plan required for submittals; see attached
Address: ?21 - 6 2 7// A V6 N. C,
legal description:
Lot �S� Block / Tract/Mdition g/6YAC I- .S E 196 T 11 s A 10n A/
Current zoning: 5 /Y G V Square footage/acreage % Z 6 7 .-
Reason for variance and hardship: E P /® d) - r ,� A "1/ TN ex
*/.0 -W 1aaW E S To 13e 13 V) z% on 6 7 '=q Section of City Code:
FEE anza IIoORN�iTI�T
(Contract Purchasers: Fee Owners must sign this form prior to processing)
MM --rkq X,4 S- 3X 1e -/CNC --/C- 6121 CAV L A- /9 G ®/Zl
ADDRESS G z �� /-Jwy GJ- ®� Al
e itiU-i1
NAME 5 tl�1 � 6
SIQNi=
Fee: $100.00
$ 60.00 X,- for residential properties
Permit VAR # 9 a. Rec epit # 3 71 eef
Application received by:
Scheduled Appeals Cca+ission date:
Scheduled City Council date:
3. 90
CITY or tRIDLET PLAN REVIEW CHECKLIST
Applicants for vacations must submit the legal description of the
parcel (easement, street, etc.) to be vacates.
Complete site plans, signed by a registered architect, civil
engineer, landscape architect, or other design professional, to
include the following:
A. Generals
1. Name and address of project
2. Legal description (certificate of survey may be required)
3. Name, address, and telephone amber of applicant,
engineer, and owner of record
4. Date proposed, north arrow, scale, number of sheets, name
of drawer
S. Description of intended use of site, buildings, and
structures including type of occupancy and estimated
occupancy load
6. Existing zoning and land use
7. Tabulation box indicating:
(i) Size of parcel in areas of sq. ft.
(ii) Gross floor area of buildings
(iii) Percent of site covered by bui:ding
(iv) Percent of site covered by impervious surface
(v) Percent of site covered by area
(vi) Projected number of employees
(vii) Number of seats if intended use is a restaurant or
place of assembly
(viii) Number of parking spaces required
(ix) Number of parking spaces provided including
handicapped
(x) Height of all buildings and structures and number of
stories
B. Site Plan:
1. Property line dimensions, location of all existing and
proposed structures with distance from boundaries,
distance between structures, building dimensions and
floor elevations
2. Grading end drainage plan showing existing natural
features (topography, wetlands, vegetation, etc.) es we
as proposed grade elevations and sedimentation and sto
water retention ponds. Calculations for storm wata
detention/retention areas.
3. All existing and proposed points of egress/ingress
showing wLdths of property lines, turning radii abutting
rights-of-way with indicated center line, width, paving
width, existing and proposed median cuts, and inter-
sections of streets and driveways
4. Vehicular circulation system showing location and
dimensions for all driveways, parking spaces, parking lot
aisles, 'service roads, loading areas, fire lanes,
emergency access (if necessary), public and private
streets, alleys, sidewalks, bikepaths, direction of
traffic flow, and traffic -control devices
5. Landscaping Plan
6. Location, access, and screening detail of trash
enclosures
7. Location and screening detail of rooftop equipment
a. Building elevations from all directions
9. Utility plan identifying size and direction of existir,
water and sewer lines, fire hydrants, distance of
hydrant to proposed building
rAW 0 0
STAFF REPORT
APPEALS DATE October 2, 1990
CITY OF PLANNING COMMISSION DATE
FRIDLEY CITY COUNCIL DATE AUTHOR M/IS
REQUEST
PERMIT NUMBER
APPLICANT
PROPOSED REQUEST
LOCATION
SITE DATA
SIZE
DENSITY
PRESENT ZONING
ADJACENT LAND USES
& ZONING
UTILITIES
PARK DEDICATION
ANALYSIS
FINANCIAL IMPLICATIONS
CONFORMANCE TO
COMPREHENSIVE PLAN
COMPATIBILITY WITH
ADJACENT USES & ZONING
ENVIRONMENTAL
CONSIDERATIONS
STAFF RECOMMENDATION
APPEALS RECOMMENDATION
PLANNING COMMISSION
RECOMMENDATION
VAR #90-26
'Thomas Brickner, Brickner Builders
To reduce the required front yard setback from 35 feet to
17 feet
991 - 67th Avenue N.E.
Approx. 12,132.75 sq. ft.
R-1, Single Family Dwelling
R-1, Single Family Dwelling to N, S, E, & W
Available to site
N/A
Approval with stipulations
Staff Report
VAR #90-26, 991 - 67th Avenue, Brickner Builders
Page 2
A. PUBLIC PURPOSE OF REQUIREMENT:
Section 205.07.03.D.(1) requires a front yard setback of not
less than 35 feet.
Public purpose of this requirement is to allow for off-street
parking without encroaching on the public right-of-way and
also for aesthetic consideration to reduce the building "line
of sight" encroachment into the neighbor's front yard.
B. STATED HARDSHIP:
"To keep the houses in line with other new homes to be built
on 67th Avenue"
C: ADMINISTRATIVE STAFF REVIEW:
Request
The petitioner, Tom Brickner, is requesting that the front
yard setback be reduced from 35 feet to 17 feet to allow the
construction of a single family dwelling. The request is for
Lot 5, Block 1, Michael Servetus Addition, the same being 991
- 67th Avenue N.E.
Site
The property is vacant and has some mature trees on it. The
property is zoned R-1, Single Family Dwelling, as are the
parcels to the north, south, and east. Meadowlands Park is
located to the west.
Analysis
The Michael Servetus plat was approved in 1978. At that time,
the right-of-way for 67th Avenue was dedicated, but the street
was not constructed. The City completed construction of 67th
Avenue this summer after approval of the Michael Servetus
replat which created three additional lots on the south side
of 67th Avenue. The street was constructed with a modified
turn -around such that the right-of-way abutting the subject
property is not needed.
In discussions with the petitioner, staff recommended that
the "bubble" portion of the right-of-way be vacated. The
length of the vacation process would prohibit the petitioner
from constructing a dwelling unit this fall; therefore, the
petitioner applied for a variance.
Staff Report
VAR #90-26, 991 - 67th Avenue, Brickner Builders
Page 3
As the right-of-way for the cul-de-sac has not been utilized
by the street construction, the right-of-way will function as
a portion of the front yard. Granting the variance would
allow the dwelling unit to be constructed in line with the
adjacent structures yet to be built. The spirit of the code
will be met as the distance from the pavement to the dwelling
unit will not be reduced.
The variance, however, should be viewed as a temporary
measure, and the right-of-way should be vacated. The right-
of-way could then be legally combined with the lot. It would
then become the homeowner's responsibility to maintain the
right-of-way.
The vacation request would also affect a portion of Lot 6.
If the vacation request is not pursued, the homeowners of Lots
5 and 6 should execute a hold harmless agreement to release
the City from any liability for damages and maintenance.
Staff prefers that the vacation request be completed because
it will formally resolve the maintenance issue and will
legally add the right-of-way to the abutting lots.
Recommendation Stipulation
Staff recommends the Appeals Commission approve variance
request, VAR #90-26, with the following stipulation:
1. The "extra" right-of-way be vacated within one year
(by October 31, 1991).
• MAIRI[aG LIST FOR • Mailed: 9/21/90
VAPJANC E # 90-26
991 - 67th Avenue N.E.
City Council
City Manager
Diane Savage
567 Rice Creek Terrace N.E.
Fridley, MN 55432
Tam Bridmer
Brickner Builders
6240 Highway 65 N.E.
#20 8
Fridley, MV 55432
Michael Servetus Unitarian Soc.
7170 RiverviEw Terrace N.E.
Fridley, MV 55432
Michael Servetus Unitarian Soc.
6565 Oakley Drive N.E.
Fridley, My 55432
Ken Vos
990 - 68th Avenue N.E.
Fridley, MV 55432
Francis Nash
1000 - 68th Avenue N.E.
Fridley, MQ 55432
Ardell Marcus
1010 - 68th Avenue N.E.
Fridley, MV 55432
Andrea Percic
1020 - 68th Avenue N.E.
Fridley, MQ 55432
PUBLIC SEARING
BEFORE THE
APPEALS COMMISSION
Notice is hereby given that the Appeals Commission of the City of
Fridley will conduct a Public Hearing at the Fridley Municipal
Center at 6431 University Avenue N.E. on Tuesday, October 2, 1990,
at 7:30 p.m. for the purpose of:
Consideration of variance request, VAR #90-26,
by Brickner Builders, per Section 205.07.03.
D.(1) of the Fridley City Code, to reduce the
front yard setback from 35 feet to 17.5 feet,
to allow the construction of a single family
dwelling on Lot 5, Block 1, Michael Servetus
Addition, the same being 991 - 67th Avenue
N.E., Fridley, Minnesota, 55432.
Any and all persons desiring to be heard shall be given the
opportunity at the above stated time and place.
DIANE SAVAGE
CHAIRPERSON
APPEALS COMMISSION
Any questions related to this item may be referred to the Fridley
Community Development Department, 571-3450.
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