VAR06-02 I
LINDQUIST & VENNUM P.L.L.P.
4200 IDS CENTER IN DENVER:
80 SOUTH EIGHTH STREET 600 17TH STREET,SUITE 1800 SOUTH
MINNEAPOLIS,MN 55402-2274 DENVER,CO 80202-5441
TELEPHONE:612-371-3211 TELEPHONE.303-573-5900
FAX:612-371-3207 FAX:303-573-1956
ATTORNEYS AT LAW www.lindquist.com
BRUCE G.ODLAUG
(612)371-5792
bodlaug@lindquist.com
February 22, 2006
Stacy Stromberg, Planner
City of Fridley
Fridley Municipal Center
6431 University Avenue NE
Fridley MN 55432
Re: Rice Creek Townhouse Company
1560 - 69th Avenue NE, Fridley, Minnesota
Our File No. 210579.0007
Dear Ms. Stromberg:
We have filed with the City a Request for Parking Variance concerning the above-
captioned property. This request was tabled by the Fridley City Council on the Monday, January
23, 2006, City Council meeting.
Please be advised that, since our client has agreed to undertake to provide the additional
parking so that the property will meet City Code, the Request for Variance is no longer needed.
Please withdraw the Request for Parking Variance from consideration.
Very truly yours,
LINDQUIST & VENNUM P.L.L.P.
e,
Bruce G. Odlaug
BGO/mlo
cc: Mr. Jim Wiensch
Doc#2115289\1
r
f • I IIIIII VIII VIII VIII VIII VIII VIII IIII IIII
Record ID 1660568
STATE OF MINNESOTA ) CITY COUNCIL PROCEEDINGS
VARIANCE
COUNTY OF ANOKA )
CITY OF FRIDLEY )
In the Matter of: A Variance, VAR#06-02 1982358 . 005
Owner: Rice Creek Townhouses Co.
The above entitled matter came before the City Council of the City of Fridley and was heard on the 23rd day of
January, 2006, on a petition for a variance pursuant to the City of Fridley's Zoning Ordinance, for the following
described property:
To reduce the side yard setback from 15 feet to 13.2 feet to recognize an existing non-conforming
setback, legally described as the east 3/4 of northeast '/4 of northeast '/4 of section 13, township 30,
Range 24, except south 687 feet thereof, also except that part included in Minnesota transfer Rail Road
Company right-of-way, subject to easement of record, generally located at 1560-69th Avenue NE.
IT IS ORDERED that a variance be granted as upon the following conditions or reasons:
Approval with no stipulations. See City Council meeting minutes of January 23, 2006.
STATE OF MINNESOTA )
COUNTY OF ANOKA ) OFFICE OF THE CITY CLERK
CITY OF FRIDLEY )
I, Debra A. Skogen, 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 Fridley, Minnesota, in the
County of Anoka on the -4(lit day of 12006.
DRAFTED BY:
City of Fridley
6431 University Avenue N.E.
Fridley, MN 55432 Debra A. kogen, City Clerk
. ; (SEAL)
� 4
Variances are valid for a period of one year following approval and shall be considered void if not used within
that period.
7
FRIDLEY CITY COUNCIL MEETING OF JANUARY 23,2006 PAGE 20
16. Variance Request, VAR#06-02, by Bruce Odlaug for the Rice Creek Townhomes, to
Reduce the Side Yard Setback from 15 Feet to 13.2 Feet to Recognize an Existing
Non-Conforming Setback, Generally Located at 1560—69th Avenue N.E. (Ward 2).
Scott Hickok, Community Development Director, stated Bruce Odlaug of the Lindquist &
Vennum firm represents the owner of the Rice Creek Townhomes. They are seeking a variance
to reduce the side yard setback from 15 feet to 13.2 feet to recognize an existing non-conforming
setback of the townhome buildings on the south side of the development. The property owner
would like to refinance the property, and the lenders are requiring variances to recognize any
non-conformities or deficiencies as an assurance to their investment. Staff informed petitioner
that the City is changing the City Code to match the State statute, but petitioner is interested in
having this approached as a variance. The developer donated a portion of land to the south for
use as a park and to essentially add requested green space to the development. However, the
donation and subsequent requirements created non-conforming status on the side yard.
Mr. Hickok said the subject property is located on 691h Avenue, east of Central, and zoned R-3,
Multi-Family Residential. According to building permit records on September 30, 1969, the City
entered into an agreement with Carl Hipp, the former fee owner of the subject parcel, to rezone
the property from R-1, Single Family, to R-3, Multi-Family, based on Mr. Hipp conveying to the
City a portion of the property for a City park and additional portion of land for highway and
utility right-of-way. Mr. Hipp conveyed the subject property to the Rice Creek developers who
in turn complied with the agreement and deeded to the City the portion of the land of the park
and dedicated the easement that was required. As a result of the agreement, a City park was
created south of the subject property. It is common practice for any new development to either
deed land to the City or pay park dedication fees. The subject property was then developed in
1972 consisting of 141-unit townhome development. There are 27 four, five and six unit
buildings located on the property and all of the 141 units are three-bedrooms which is a rarity in
the marketplace. There are 154 garage stalls and 158 hard surface parking stalls for a total of
309 parking spaces. City Code requires an interior side yard setback of 15 feet for all buildings
under 35 feet in height in the R-3 district. Subject property is bordered by Anoka Street, 691h
Avenue, and Stinson Boulevard. City Code requires that the narrow street frontage be
considered a front yard; therefore, Stinson Avenue is considered the front yard of the
development. The petitioner is seeking to recognize the existing side yard setback on the south
side of the development for the buildings located at 1578-88 68th Avenue, 1620-1630 68th
Avenue, and 1660-70 68th Avenue. The closest point of the building is 13.2 feet from the
property line.
Mr. Hickok stated petitioner is seeking a variance from 15 to 13.2 feet. Granting this variance
will simply recognize the existing non-conforming setback. The Appeals Commission held its
public hearing on January 11 and unanimously recommended approval and there were no
stipulations recommended. Staff recommends approval consistent with the Appeals
Commission. There was a parking variance that came in initially with this request. There was
much discussion and analysis done by staff. At the time this building was built, there was an 18-
month period whereby the City would come back and tell them whether additional parking
would be required. They were a number of stalls short and, at that time, if the City deemed it
necessary, they would build the parking. Unfortunately it looks from the record as though that
r
FRIDLEY CITY COUNCIL MEETING OF JANUARY 23,2006 PAGE 21
got lost in the shuffle. Today, they can say in all certainty that there is not enough parking. The
Fire Marshall has indicated they would have difficulties getting fire trucks there. The developer
is now looking at putting in the parking as required. They have asked that the recognition of the
parking shortage be delayed and have waived the 60 days. They said they would like to analyze
the situation. They may just prefer to put in the parking as opposed to asking for a variance. At
this time, they are only considering the side yard setback from 15 to 13.2 feet.
Councilmember Wolfe said the parking issue would be taken care of later.
Mr. Hickok said they will bring this back to them as a variance if that is what the final
resolution is. Petitioner has indicated a very strong interest and willingness to put in the parking.
They will keep them posted.
Councilmember Billings stated he would like to have the representative acknowledge the 60-
day waiver.
Jeff McNaught, Lindquist & Vennum, stated, yes, they acknowledge the waiver of the 60-day
requirement. The reason why the variance is the desired mechanism here is because the lender
for the refinancing of this property is concerned that in the event of a catastrophic type of
destruction of the property that would destroy more than 50 percent of it, the rebuilding under
the non-conformity statute would not apply to them. They wanted to make they had the
variance. The parking issue is being addressed and they have some engineers that are looking at
this as to what can be done in order to expand it. He thought they needed 44 spots.
MOTION by Councilmember Wolfe to approve Variance Request, VAR #06-02, by Bruce
Odlaug for Rice Creek Townhomes. Seconded by Councilmember Barnette.
MOTION by Councilmember Billings to divide the motion, as the Variance Request has two
parts. Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
MOTION by Councilmember Billings to approve that portion of Variance Request, VAR
#06-02, by Bruce Odlaug for the Rice Creek Townhomes as it relates to the side yard setback,
with no stipulations. Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
MOTION by Councilmember Billings to table that portion of Variance Request, VAR #-06-02,
reducing the required amount of parking stalls until such time as staff and petitioner are ready to
bring it back before the City Council. Seconded by Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
ANOKA COUNTY MINNESOTA
Document No.: 1982358.005 ABSTRACT
I hereby certify that the within instrument was filed in this
office for record on: 02/23/2006 10:56:00 AM
Fees/Taxes In the Amount of: $46.00
MAUREEN J. DEVINE
Anoka County Property Tax
Administrator/Recorder/Registrar of Titles
KHJ, Deputy
Record ID: 1660568
CITYOF
FRIDLEY
FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE.N.E.FRIDLEY,MN 55432
(763)571-3450 • FAX(763)571-1287 • TTD/TTY(763)572-3534
CITY COUNCIL
ACTION TAKEN NOTICE
January 25, 2006
Bruce G. Odlaug
4200 IDS Center
80 South 8th Street
Minneapolis, MN 55402
Dear Mr. Odlaug:
On Monday, January 23, 2006, the Fridley City Council officially approved your request for a
variance, VAR #06-02, to reduce the side yard setback from 15 feet to 13.2 feet to recognize an
existing non-conforming setback of the townhome buildings on the south side of the
development, legally described as the east three fourths of the northeast quarter of the
northeast quarter of Section 13, Township 30, Range 24, excluding that part thereof included in
the Minnesota Transfer Railway Company right of way, and also excepting therefrom the south
687 feet thereof, Anoka County, Minnesota, generally located at 1560-691h Avenue NE.
Also, on Monday, January 23, 2006, the Fridley City Council officially tabled your request for a
parking variance. You agreed to waive the 60-Day Action Agency deadline date, so you could
bring the parking variance back through the City process at a later date.
If you have any questions regarding the above action, please call me at 763-572-3590.
r
:Sin rely,
t
y Development Director
SH/jb
cc: Rice Creek Townhouse Company
Variance File
Address File
Mary Hintz
Stacy Stromberg
Please review the above, sign the statement below and return one copy to the City of Fridley
Planning Department by February 10, 2006.
Concur with action taken.
C-06-08
FRIDLEY CITY COUNCIL MEETING OF JANUARY 23,2006 PAGE 20
16. Variance Request, VAR#06-02,by Bruce Odlaug for the Rice Creek Townhomes, to
Reduce the Side Yard Setback from 15 Feet to 13.2 Feet to Recognize an Existing
Non-Conforming Setback, Generally Located at 1560—69th Avenue N.E. (Ward 2).
Scott Hickok, Community Development Director, stated Bruce Odlaug of the Lindquist &
Vennum firm represents the owner of the Rice Creek Townhomes. They are seeking a variance
to reduce the side yard setback from 15 feet to 13.2 feet to recognize an existing non-conforming
setback of the townhome buildings on the south side of the development. The property owner
would like to refinance the property, and the lenders are requiring variances to recognize any
non-conformities or deficiencies as an assurance to their investment. Staff informed petitioner
that the City is changing the City Code to match the State statute, but petitioner is interested in
having this approached as a variance. The developer donated a portion of land to the south for
use as a park and to essentially add requested green space to the development. However, the
donation and subsequent requirements created non-conforming status on the side yard.
Mr. Hickok said the subject property is located on 69th Avenue, east of Central, and zoned R-3,
Multi-Family Residential. According to building permit records on September 30, 1969, the City
entered into an agreement with Carl Hipp, the former fee owner of the subject parcel, to rezone
the property from R-1, Single Family, to R-3, Multi-Family, based on Mr. Hipp conveying to the
City a portion of the property for a City park and additional portion of land for highway and
utility right-of-way. Mr. Hipp conveyed the subject property to the Rice Creek developers who
in turn complied with the agreement and deeded to the City the portion of the land of the park
and dedicated the easement that was required. As a result of the agreement, a City park was
created south of the subject property. It is common practice for any new development to either
deed land to the City or pay park dedication fees. The subject property was then developed in
1972 consisting of 141-unit townhome development. There are 27 four, five and six unit
buildings located on the property and all of the 141 units are three-bedrooms which is a rarity in
the marketplace. There are 154 garage stalls and 158 hard surface parking stalls for a total of
309 parking spaces. City Code requires an interior side yard setback of 15 feet for all buildings
under 35 feet in height in the R-3 district. Subject property is bordered by Anoka Street, 69th
Avenue, and Stinson Boulevard. City Code requires that the narrow street frontage be
considered a front yard; therefore, Stinson Avenue is considered the front yard of the
development. The petitioner is seeking to recognize the existing side yard setback on the south
side of the development for the buildings located at 1578-88 68th Avenue, 1620-1630 68th
Avenue, and 1660-70 68th Avenue. The closest point of the building is 13.2 feet from the
property line.
Mr. Hickok stated petitioner is seeking a variance from 15 to 13.2 feet. Granting this variance
will simply recognize the existing non-conforming setback. The Appeals Commission held its
public hearing on January 11 and unanimously recommended approval and there were no
stipulations recommended. Staff recommends approval consistent with the Appeals
Commission. There was a parking variance that came in initially with this request. There was
much discussion and analysis done by staff. At the time this building was built, there was an 18-
month period whereby the City would come back and tell them whether additional parking
would be required. They were a number of stalls short and, at that time, if the City deemed it
necessary, they would build the parking. Unfortunately it looks from the record as though that
FRIDLEY CITY COUNCIL MEETING OF JANUARY 23, 2006 PAGE 21
got lost in the shuffle. Today, they can say in all certainty that there is not enough parking. The
Fire Marshall has indicated they would have difficulties getting fire trucks there. The developer
is now looking at putting in the parking as required. They have asked that the recognition of the
parking shortage be delayed and have waived the 60 days. They said they would like to analyze
the situation. They may just prefer to put in the parking as opposed to asking for a variance. At
this time, they are only considering the side yard setback from 15 to 13.2 feet.
Councilmember Wolfe said the parking issue would be taken care of later.
Mr. Hickok said they will bring this back to them as a variance if that is what the final
resolution is. Petitioner has indicated a very strong interest and willingness to put in the parking.
They will keep them posted.
Councilmember Billings stated he would like to have the representative acknowledge the 60-
day waiver.
Jeff McNaught, Lindquist & Vennum, stated, yes, they acknowledge the waiver of the 60-day
requirement. The reason why the variance is the desired mechanism here is because the lender
for the refinancing of this property is concerned that in the event of a catastrophic type of
destruction of the property that would destroy more than 50 percent of it, the rebuilding under
the non-conformity statute would not apply to them. They wanted to make they had the
variance. The parking issue is being addressed and they have some engineers that are looking at
this as to what can be done in order to expand it. He thought they needed 44 spots.
MOTION by Councilmember Wolfe to approve Variance Request, VAR #06-02, by Bruce
Odlaug for Rice Creek Townhomes. Seconded by Councilmember Barnette.
MOTION by Councilmember Billings to divide the motion, as the Variance Request has two
parts. Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
MOTION by Councilmember Billings to approve that portion of Variance Request, VAR
#06-02, by Bruce Odlaug for the Rice Creek Townhomes as it relates to the side yard setback,
with no stipulations. Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
MOTION by Councilmember Billings to table that portion of Variance Request, VAR #-06-02,
reducing the required amount of parking stalls until such time as staff and petitioner are ready to
bring it back before the City Council. Seconded by Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
CIWOF
FRIDLEY
FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE.N.E.FRIDLEY,MN 55432
(763)571-3450 • FAX(763)571-1287 • TTDITTY(763)572-3534
March 21, 2006
Rice Creek Townhouse Company
c/o Lindquist & Vennum PLLP
4200 IDS Center
80 South Eighth Street
Minneapolis MN 55402
Re: Rice Creek Townhomes — 1560 69th Avenue NE, Fridley, Minnesota
Gentlemen:
We have been working with you over the last several months regarding the parking situation at
your complex. The complex requires 44 additional parking stalls in order to meet City Code
requirements.
You have proposed to provide the additional 44 stalls as follows:
A. The construction of a parking lot in the vacant grassy area on the northeast corner of
the complex. This parking lot is to contain 37 parking stalls.
B. The additional 7 spaces to bring the total of new parking spaces to 44 will be
accomplished by restriping some of the parking areas in the complex in proximity to
the new parking lot by reducing the width of the parking stalls from 10 feet 9 feet, as
allowed by the City Code.
We are in receipt of the proposed parking plan, dated March 9, 2006, for the northeast corner of
the property. City staff has approved the location and layout of the parking lot, subject to the
City Engineer's approval of the grading and drainage plan (parking lot to be drained into grass
area and not the street), and approval of the lighting plan to meet City Code requirements. Staff
can approve the final plan without City Council approval.
City staffs approval will be conditioned upon the parking lot being constructed and the striping
accomplished by July 1, 2006. Arrangements will need to be made with the City to provide
adequate surety of 125% of the project cost, prior to commencement of project.
Upon completion of the work as outlined in your plan, the complex will meet the original parking
requirements of the City.
Sincerely,
CI Y OF FRIDLEY
St cy� � m erg`"
City Plan ger
C-06-22