BA 02-72APPLICATION TO THE BOARD OF APPEALS AND CM COUNCIL
FOR SPECIAL USE PERMLT, VARIANCE TIJ REQUIREtENTS OF
CERTAIN ORDINA4CES OF TIM CITY OF FRIDLEY
(Applicant to complete items 1, 2, 3)
and Address of applicant FIVE SANDS DEVELOPMENT CO.
7845 East River Road - Apt. 312
Fridley, Minnesota 55432
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2. Legal Description of Property (also general locatic:i, such nrt"nozeh -
east corner of 64th Avenue and 5th Street" or 6415 Fifth Street")
SEE ATTACHED EXHIBIT "A"
079th / East River Road
North East corner)
3. Describe the variance requested. Wt'ach Plat or Sarvwy of Pro"rty
showing location of proposed building, etc., oleo adjoining pro"rries
and ownership Within 200' of said property.)
Concept of project is 295 living units in five separate _
building Area required 737,500 square feet. Actual area
700 564 square feet. Short 36,936 square feet or 15 units
(Variance ratio 5%).
4. Coaxmnta by administrative official denying original request for buildin;
pem-it or other permit. (To be cc.mpleted by a min'_strativa officl+1.
Approprint ordin.nc.es and section of ojrdinunce-> to be cited,)
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S. Notice of Hearing appee
dates;
(must be at least once
attached).
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in Official Newspaper on the following
ore meeting -- copy of notice to
6. Board Members notified of meeting by F, x oZ 1
(hist Members, Date Notified, and "Yes" or "Nd' fog pans to attend
hearing). e
Name pate flap to At"ad
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7. Person making appeal and the following property omors having property
within 2001 notii,ed;
By Phone Notified by
saw Date ori_ (Iuttial)`
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d. The Following Board Members and interested parties were pyesant at the
Rearing:
BOARD HIMERS
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OTHER PARTIES:
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ADDRESS
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9. Opinions and recommendations by BOARD OF APPEALS:
10, For Above Recommendations
11.'Action by City Council and Date:
Against.Recommendations
EXHIBIT "A"
Lots One (1), Two (2), Three (3), Four (4), Five (5), and Six (6), Block
Two (2), Pearson's 1st Addition, according to the map or plat thereof on
file and of record in the office of the Registrar of Titles in and for
Anoka County, Minnesota.
Subject to utility and drainage easements as shown on plat Pearson's lst
Addition filed October 16, 1963 as Doc. #44804.
ALSO, all that portion of U. S. Lot No. 2 and of the South One-half of the
Southeast Quarter of Section 3, Township 30 North, Range 24 West, situate
westerly of the right of way of the Great Northern Railway Company and
easterly of the center line of East River Road, and lying Northerly and
Northwesterly of the following described line: Commencing at the inter-
section of the center line of East River Road, as the same is now laid out
and platted in Pearson's Craigway Estates 2nd Addition, with the South-
westerly extension of the Southeasterly line of Lot 1, Block 1, said plat
of Pearson's 1st Addition; thence South 38 degrees, 14 minutes, 00 seconds
East, along the said center line of East River Road a distance of 480.0 feet
to the actual point of beginning of the line to be described; thence North
51 degrees, 46 minutes, 00 seconds East to the intersection of the South
line of said plat of Pearson's lst Addition; thence North 89 degrees, 58
minutes, 40 seconds East along said South line to the Southwesterly right-
of-way line of the Great Northern Railway Company, and there terminating;
EXCEPTING therefrom the Northerly thirty (30) feet of that part
of the Southwest Quarter of the Southeast Quarter of said Section
3, lying Westerly of the right-of-way of the Great Northern Rail-
way Company to the Easterly right-of-way line of East River Road;
ALSO EXCEPT that part of the North 30 feet of said U. S. Govern-
ment Lot 2, lying East of the Northeasterly right-of-way line of
East River Road;
ALSO EXCEPT that part of Government Lot 2, and the Southwest 1/4
of the Southeast 1/4 of Section 3, Township 30, Range 24 described
as follows: Beginning at the Northeast corner of Pearson's Craig -
way Estates 2nd Addition, said point being the intersection of
the center line of the East River Road and North line of said
Government Lot 2; thence North 89058140" East along the North line
of said Government Lot 2 and the North line of said Southwest 1/4
of Southeast 1/4 to its intersection with the Southwesterly right-
of-way line of the Great Northern Railway Co; thence Southeasterly
along said right-of-way line a distance of 189.43 feet; thence
South 89058140" West a distance of 936.18 feet; thence South 0001'20"
East a distance of 29.19 feet; thence South 51046100" West a dis-
tance of 159.17 feet more or less to the center line of said East
River Road as the same is laid out and platted in said Pearson's
Craigway Estates 2nd Addition; thence Northwesterly along said
center line to the point of beginning, except the North 30 feet
of said Southwest 1/4 of Southeast 1/4 of Section 3 and said
Government Lot 2, now known as Lot 1, Block 1, and Lots 1 through
6, Block 2, Pearson's 1st Addition.
EXHIBIT "*"
All that portion of U. S. Lot No. 2 and of the South One-half of the South-
east Quarter of Section 3, Township 30 North, Range 24 West, situate westerly
of the right of way of the Great Northern Railway Company and easterly of
the center line of East River Road;
EXCEPT: The northerly thirty (30) feet of that part of the Southwest
Quarter of Southeast Quarter of Section 3, Township 30 North,
Range 24 West, lying westerly of the Great Northern Railroad
right of way to the Easterly line of right of way of the East
River Road.
ALSO EXCEPT: That part of the SWI -4 of the SE4 and of the SE4 of the
SE4 of Section 3, Township 30 North, Range 24 West, Anoka County,
Minnesota described as beginning at the point of intersection of
the South line of said SW -4 of SE4 and SE4 of SE4 and the South-
westerly right of way line of the Great Northern Railway Company;
thence Northwesterly along said right of way line 551.6 feet;
thence Westerly, parallel with the South line of said SW -14 of SE4
and SE4 of SE4 a distance of 362 feet; thence Southeasterly para-
llel with said Southwesterly right of way line of the Great Northern
Railway Company, 551.6 feet more or less to the South line of said
SW' -4 of SE4 and SE4 of SE4; thence Easterly along said South line of
SWI -4 of SE4 and SE4 of SE4 to the actual point of beginning.
ALSO EXCEPT: That part of the North 30 feet of Government Lot 2,
Section 3, Township 30, Range 24, Anoka County, Minnesota lying
East of the Northeasterly right of way line of East River Road.
ALSO EXCEPT: That part of Government Lot 2, and SW -14 of the SE4 of
Section 3, Township 30, Range 24 in said Anoka County, described
as follows: Beginning at the Northeast corner of Pearson's
Craigway Estates 2nd Addition, said point being the intersection
of the center line of the East River Road and North line of said
Government Lot 2, thence North 89058140" East along the North
line of said Government Lot 2 and the North line of said SW'4 of
SE4 to its intersection with the Southwesterly right of way line
of the Great Northern Railway Company, thence Southeasterly along
said right of way line a distance of 189.43 feet, thence South
89058'40" West a distance of 936.18 feet, thence South 0001120"
East a distance of 29.19 feet, thence South 51046100" West a
distance of 159.17 feet more or less to the center line of said
East River Road as the same is laid out and platted in said
Pearson's Craigway Estates 2nd Addition, thence Northwesterly
along said center line to the point of beginning, except the North
30 feet of said SW -4 of SE4 of Section 3 and said Government Lot 2,
now known as Lot 1, Block 1, and Lots 1 through 6, Block 2, Pear -
son's 1st Addition.
ALSO EXCEPT: That part of the Southwesttt 4 of the Southeast 4 and of
the Southeast 4 of the Southeast 4 of Section 3, Township 30,
Range 24, Anoka County, Minnesota described as beginning at the
point of intersection of the South line of said Southeast a of
Southeast 4 and the Southwesterly right of way line of the Great
Northern Railway Company; thence Northwesterly along said right
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of way line 551.6 feet to the actual point of beginning of the
tract of land to be herein described; thence Westerly parallel
with the South line of said Southwest 4 of Southeast 4 and
Southeast 4 of Southeast 4 a distance of 362 feet; thence North-
westerly parallel with the Southwesterly right of way line of
said Great Northern Railway Company a distance of 55 feet;
thence Easterly and parallel with the South line of said
Southwest 4 of Southeast 4 and Southeast 4 of Southeast 4 to
the Southwesterly right of way line of said Great Northern
Railway Company, thence Southeasterly along said right of way
line to the actual point of beginning.
ALSO EXCEPT: That part of the SW4 of the SE -4 of Section 3, Twp. 30,
Rge. 24 described as: Beginning at a point in the South line of
said quarter -quarter distant 362 feet West of the intersection
of the Southwesterly right of way line of the Great Northern
Railway Company and the said South line; thence Northwesterly
parallel with said Southwesterly right of way line a distance
of 606.6 feet; thence West and parallel with said South line to
its intersection with a line drawn at right angles northeasterly
from a point in the Northeasterly right of way line of East River
Road distant 528 feet Northwesterly of the intersection of said
right of way line of East River Road and said South line of said
quarter -quarter; thence Southwesterly along said right angle
line to said Northeasterly right of way line of East River Road;
thence Southeasterly along last described right of way line a
distance of 528 feet to the said South line and thence East along
said South line to the point of beginning, now platted as Lots 1
and 2, Block 1 and Outlot A, Pearson's 2nd Addition.
ALSO EXCEPT: All that portion of U. S. Lot No. 2 and of the South
One-half of the Southeast Quarter of Section 3, Township 30 North,
Range 24 West, situate westerly of the right of way of the Great
Northern Railway Company and easterly of the center line of East
River Road, and lying Northerly and Northwesterly of the following
described line: Commencing at the intersection of the center line
of East River Road, as the same is now laid out and platted in
Pearson's Craigway Estates 2nd Addition, with the Southwesterly
extension of the Southeasterly line of Lot 1, Block 1, said plat
of Pearson's 1st Addition; thence South 38 degrees, 14 minutes,
00 seconds East, along the said center line of East River Road
a distance of 480.0 feet to the actual point of beginning of the
line to be described; thence North 51 degrees, 46 minutes, 00
seconds East to the intersection of the South line of said plat
of Pearson's 1st Addition, 89 degrees, 58 minutes, 40 seconds
East along said South line to the Southwesterly right-of-way line
of the Great Northern Railway Company, and there terminating;
EXCEPTING therefrom the Northerly thirty (30) feet of
that part of the Southwest Quarter of the Southeast
Quarter of said Section 3, lying Westerly of the right-
of-way of the Great Northern Railway Company to the
Easterly right-of-way line of the East River Road;
ALSO EXCEPT that part of the North 30 feet of said U. S.
Government Lot 2, lying East of the Northeasterly right-
of-way line of East River Road;
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ALSO EXCEPT that part of Government Lot 2, and the South-
west 1/4 of the Southeast 1/4 of Section 3, Township 30,
Range 24 described as follows: Beginning at the North-
east corner of Pearson's Craigway Estates 2nd Addition,
said point being the intersection of the center line of
the East River Road and North line of said Government
Lot 2; thence North 89058140" East along the North line
of said Government Lot 2 and the North line of said
Southwest 1/4 of Southeast 1/4 to its intersection with
the Southwesterly right-of-way line of the Great Northern
Railway Co; thence Southeasterly along said right-of-way
line a distance of 189.43 feet; thence South 89058140"
West a distance of 936.18 feet; thence South 0001120" East
a distance of 29.19 feet; thence South 51046100" West a
distance of 159.17 feet more or less to the center line
of said East River Road as the same is laid out and platted
in said Pearson's Craigway Estates 2nd Addition; thence
Northwesterly along said center line to the point of be-
ginning, except the North 30 feet of said Southwest 1/4
of Southeast 1/4 of Section 3 and said Government Lot 2,
now known as Lot 1, Block 1, and Lots 1 through 6, Block
2, Pearson's 1st Addition.
Subject to the perpetual right, privilefe and easement of Northern States
Power Company, a Minnesota corporation, its successors and assigns, to
construct, maintain and operate an electric transmission line and telephone
line as now located, across the Southwest Quarter of said Southeast Quarter,
the center line of said electric transmission line being described as follows:
Commencing at a point on the North line of said Southwest Quarter of the
Southeast Quarter which said point is 1323.55 feet more or less West of the
Northeast corner thereof; thence in a Southeasterly direction to a point
on the South line of said Southwest Quarter of the Southeast Quarter, which
said point is 258.25 feet more or less West of the Southeast corner thereof.
OFFICIAL NOTICE
CITY OF FRIDLEY
PUBLIC HEARING
BEFORE THE
BOARD OF APPEALS
TO WHOM IT MAY CONCERN:
NOTICE IS HEREBY GIVEN THAT the Board of Appeals of the City of Fridley
will meet in the Council Chamber of the City Hall at 7:30 P.M. on Tuesday,
February 229, 1972 to consider the following matter:
A request for a variance of Section 45.073, 1A,
to reduce the lot area required for 295 living
units in five separate buildings, from 737,500
square feet (2,.500 square feet x 295) to 700,564
square feet to allow the construction of the
5th building of the apartment complex, to be
located on Lots 1,2,3,4,5 and 6, Block 2, Pearson's
lst Addition and on part -of U.S. Lot #2, the same
being 7805 East River Road N.E., Fridley, Minnesota.
(Request by Five Sands Development Company, 7845
East River Road N.E., Fridley, Minnesota.)
Anyone who desires to be heard with reference to the above matter may
be heard at this meeting.
ROBERT A. MINISH
CHAIRMAN
BOARD OF APPEALS
The Minutes of the Board of Appeals Meeting of February 29, 1972 Page 2
Mr. Belisle said he didn't think there would be any problems.
Mr. Crowder stated he would be in favor of tabling this item as there were
only 3 members of the Board present. He did not have any objections. to the
variance but he was concerned with the grade of the driveway.
MOTION by Harju to table this request until the March 14, 1972 meeting to
enable the Board to discuss this variance with Mr. Johanson as it appears
there are many solutions to the problem that can be proposed to make the
house conform to the'Code.
Seconded by Crowder. Upon a voice vote, there being no nays, the motion
carried unanimously.
2. A REQUEST FOR A VARIANCE OF SECTION 45.073, 1A, TO REDUCE THE LOT AREA REQUIRED
FOR 295 LIVING UNITS IN FIVE SEPARATE BUILDINGS, FROM 737,500 SQUARE FEET (2,500
SQUARE FEET x 295) TO 700,564 SQUARE FEET TO ALLOW THE CONSTRUCTION OF THE 5TH
BUILDING OF THE'APARTMENT COMPLEX, TO BE LOCATED ON LOTS 1,2,3,4,5, AND 6,
BLOCK 2, PEARSON'S IST ADDITION AND ON PART OF U.S. LOT #2, THE SAME BEING 7805
EAST RIVER ROAD N.E., FRIDLEY, MINNESOTA. (REQUEST BY FIVE SANDS DEVELOPMENT
COMPANY, 7845 EAST RIVER ROAD N.E., FRIDLEY, MINNESOTA.)
Mr. Dick Fudali, co-owner of the apartment complex, was present to present
the request. Pictures of the complex and a plot plan were shown to familiarize
the members of the Board with the project.
Mr. Fudali said (in summary) that the original owners of the land initially
conceived this project as a 294 or 295 unit complex. Prior to his purchase
of the property, he went over all of the minutes of the various committees
and Council meetings concerning this complex to make sure the property was
adequate, as represented to him, to accommodate 294 or -295 units. He then
read portions of these minutes to the Board, and all the minutes, even as
late as November of 1970, were covering a 294 or 295 unit complex.
The mistake in computing the land area was made by Dolan Engineering who made
the site plan for the original owners. When drawing up the site plan they
apparently took the acreage from the half section map, which included half of
the East River Road right of way along the west side of the property. The
site plan dated July 26, 1970 that was submitted by the original owners to
the various committees and Council showed a land use schedule which stated
"actual land area 17 acres". This acreage was incorrect in that it did
include the right of way measurement. '
The error in acreage was discovered when Five Sands Development was filing
the plat.
Mr. Fudali explained to the Board that all of their contracts and orders
are all signed and ordered for a 295 unit complex. To cancel the contracts
and change the orders, etc., at this time, to accommodate less than 295 units
would involve thousands of dollars.
The green area in this development is a common area for the whole complex.
Therefore no green area would be taken away from this specific building by
granting the variance.
The Minutes of the Board of Appeals Meeting of February 29, 1972 Page 3
Mr. Fudali said they feel they have done more for the property than was
originally promised to the City. The complex has been very well accepted
by the people and almost all of the units that are finished are rented.
Mr. Winston Jacobson, 121- 79th Way N.E., stated he was not opposed to the
complex but he did have a complaint on the berm that is used to screen the
garages from view. He still has to look at the back of the garage and the
front of cars because the berm was not completed as it was agreed to be.
He said he understood that the entire berm was to be 5 feet high and it is
not. In some places it -drops down to 1 - 12 feet above the ground. The
initial berm comes up to the eave of the garage and if the rest could be
that high it would be okay.
Mr. Fudali answered that he felt that this was not the right time to bring
up the berm, as it has nothing to do with the variance. He said he had
discussed this with the City Engineer and he had suggested making the berm
flowing. He did not remember, at this time, whether the City had stipulated
it being 5 feet high.
Mr. Belisle stated the apartments are occupied under a temporary certificate
of occupancy and a final certificate of occupancy will not be issued until
all exterior development is completed according to the approved plot plan.
If it was stipulated that the berm be 5 feet high, it will have to be
corrected before this final certificate of occupancy is issued.
Mr. Fudali added they also have landscaping bonds on each building that are
still in effect.
Mrs. Jacobson stated the berm looks
make it as it has trees planted on
to hide the garages from view.
like it is as high as they are going to
top of it but those trees are not going
Mr. Fudali said he was working with the City in getting fill and this could
be used if need be for the berm.
There was a discussion on other requirements, as parking, and it was brought
out that all of these requirements have been complied with.
MOTION by Crowder to close the public hearing.
Seconded by Harju. Upon a voice vote, there being no nays; the motion carried
unanimously.
Mr. Harju stated there was indeed a hardship in the error that was made even
though it was not the City's error. The developer has pursued this project
with good intentions and this is a reasonable request. He did sympathize with
the people on the north who had the view of the garages and parking area but
if there was a mistake in building the berm, he was sure the Building Inspection
Department would work toward rectifying it.
Mr. Crowder stated he agreed with Mr. Harju.
The Minutes of the Board of Appeals Meeting of February 29, 1972 Page 4
Chairman Minish informed Mr. & Mrs. Jacobson that they could contact the
City Engineer if they wanted more information on this.
MOTION by Harju to recommend to the Council approval of the request since
there is a hardship due to the error that was made by the engineering
company that drew up the site plan. The requirements for the larger building
have already been met. It is just the total area.that not been met.
Seconded by Crowder. Upon a voice vote, there being no nays, the motion
carried unanimously.
3. A REQUEST FOR A VARIANCE OF SECTION 45.053, 4A, TO REDUCE THE MINIMUM FRONT
YARD SETBACK REQUIREMENT FROM 35 FEET TO 15 FEET TO ALLOW THE CONSTRUCTION
7, BLOCK 1, INNSBRUCK 5TH ADDITION, THE SAME BEING 5171 5175 5179 5183,5201,
-5257 AND 5275 ST. IMIER DRIVE, FRIDLEY, MINNESOTA (REQUEST BY RODNEY
BILLMAN, INCORPORATED, 151 SILVER LAKE ROAD, NEW BRIGHTON MINNESOTA.)
Mr. John Bogucki was present to present the request.
Chairman Minish explained this item had been tabled from the meeting of
February 15, 1972 to allow the applicant time to bring in sketches of the
type of houses that could be built on these lots.
MOTICN by Crowder to reopen the public hearing.
Seconded by Harju. Upon a voice vote, there being no nays, the motion
carried unanimously.
Mr. Bogucki presented 5 sketches of what possibly could be built on these
lots. The final decision would have to be made by the buyer however, as
to what he would want.
There were seven property owners in the audience that came forward to look
at the sketches.
It was asked if the driveways are still going to be put together?
Mr. Bogucki answered that the garages could be together but they wouldn't
have to be. -
It was asked what would be done with the ponding area?
Mr. Bogucki answered that it would be up to the people who bought the land.
They could possibly keep the water at a higher level if they wanted to.
The main concerns of the property owners were; the back of the house being
just cement block, landscaping in the front yards, the blanket variance,
2 driveways together, and 1 property owner was against the garages being
ahead of the house.
Mr. Bogucki explained that he does not need a variance to build the house.
This will be set back the required 35 feet. The variance is only on setting
the garage ahead of the house. The house will be built the way the buyer