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LS69-20 _ _ ._ _ _ , Form #5-6e LOT SPLIT APPLICATION CITY OF FRIDLEY .��.4�..� �- Applicant's 1Vame APPLICANT: Frank Dircz Lot Split 69-20 � ADDREss: 4875 �hird Street - Fridle� �,5421 � N � Street City Zip Cqde Date F�led� 7�[� TELEI'HONE #_ 560-7407 �30-6700 Fee:�15.OQRecei�t /�� , � �iome Business Cpuncil Aati9n:��+�� RE�iARKS: ��f j,�,� � � � ,� PROPERTY OWNF�t(5� Same +� ..0 �ci �N � � W 3 0 �,.� °D ADDRES S(ES� � q u� a o Street City Zi� Code .0 m o .� �, 0 00 c`�i Street City Zip God� o r' � ;� TELEPHONE #(S) o � � ,��'', Home Business � +� m +� �d N U m O � � � � � � ��I�A��I�I1��4. , � Froperty Locat�on on Street or Exact Street Addreas (IF ANY) 4875 Third Street N.E. North � � Lot 30 &A10 feet of Lot 29, Block l, Plymouth Addition ' --�...,.�.� � ~° Le¢al Descxiptiox� of Prop�rty: � Reason for Lot Split: ° To make buildable site by adding the N. 10 ft. of Lot 29 to Lot 30. _ _ .. Total Area of �.'roperty 5�820 sq. ft. PTe��n� Zqnir� ��,a�pj,��,G�,��Q�� ..�. � �, The undersigned hereby declares that all the facts and. representations stated in this application are true and correct. � ,, DATE; ��9/69 SIGNATiTRE__ ~��""`"`�'� �i`�� J 'r"'"�.'"'"""y BEI�QW FOR CITY USE ONLY (SeA rreveree eide fo� additzoaa�, ias�r�p'IiaM�. PT.ATS & SUBS: Date pf Consideration - Remarka; � P�NN�NG COMNIISSION: Date of Coneideration - Rat�ke s CI'.�'7f COIINCIL: Date of Conaideration - �isrnark�a s 3 LOT SPLIT APPLICATION F'ROCIDIIRE 1 , Obtain application form at City Hall. (6431 Univeraity Ave. N.E. , Fridley� 2, Return completed application form with the required sketch of the property involved and the lot split fee of $15.00 for each ori�inal lot being split. �. The application will be submitted to the Plata & Subdivieions and Streete 8a Utilitiee Subcommittee for recommendatioz�s. Thie Committee m�eta once a month, when required. The City will eupply the applicant with minutes of the Subcommittee. 4. Following the Plats & Subs Committee recommendation of approval, the owxier must then obtain a Certificate of Survey on the original parcel or parcele along with the new perc�;r :reat� : w: 't� al : �zi�tir� strt�c`.�.u�ea tied i.n. �. The Certificate of Survey should then contain a simple description of a part of a platted lot or registered lot and be filed with the Engineerixig Depaxtment for Planning Commission recommendations. The Planning Commi�aion meets on the �econd and fourth Thursday of the mo.nth. The City will au�ply the applicant with minutes of the Plannirig� Commissio.n. C• The recommendations of the Planni.ng Commission are submitted to tY�e C�.ty Council for f�nal action. The Council meets on the first and third Monday o� the month. '�. �he City Council approval may be subject to certain atipulations which must be complied with by the applicant. 8. A letter will be sent to the applicant to notify him of the Council action and to advise him to comply with the conditions imposed by the City. The letter will also contain any necessary deede for eaeements and other �ertinent papere for his aig.nature. 9, When all the conditions of the lot split have been complied with, the appliaant qhould file the lot �plit in Anoka County. 10. �n all casea where Council action has been sought and denied, no �etition for identical action can be presented until a period of six months hara el��ead.. NQTE: THE RESIILTING RF.,AL ESTA�'E TAX�� AND SPEDCIAL ASSE5SN�ITS FOR THE NEW PARCELS IN TOTAL AFTII� THE LOT SPLIT, MAY F�CCEEU �HE AMOIINT ASSESSID TO THE ORIGINAL PARCEL. THE FINANGE DEPARTN�iT OF FRIDLEY MAY BE ABLE TO PROVIDE THE ESTIMATPD AMOIINT OF � ADDITIONAL TAXES OR ASSESSMENTS. - - - ' ��, �, �C 9 -.��> • � ,� � �.��u.-�U�-��(-�,�r, . � :� . � CITY OF FRIDLEY PETITION COVER SHEET petition No. 37-1969 • Date Received August 12, 1969 � Object Owners granting approval for a suitable home to be built on �� Lots 29 and 30, Block 1 , Plymouth Addition. - pe�ition Checked By Date -- Percent Signing Referred to City Council Disposition ' - .� � � , ��- ,.�-= i � � r -�- � � . .. . . , . , � � � � .. � Y.._ .. :.. _ _.. --._� ___. _.._ _ _ _ _. _ .. .___. _ ..._ _ � � , _ ._�_ . __ .. ^� �� _ _ _ �..� ' � �. .___._ : _ . Q:��_ � ,/ _ _ ^ �l �� _ �'� � - . . . _ _ . . � � _ � _ _ . - - ------� --. _ _ _ r. � _ � 1P�� - '- . ��3 - , - ---�--------__ ... _ . __ 3 - ,�-� � �. .---�-_.__ ___._�._ � _ �`'��(/`s/ - �� /�J �� . _ _.U . '� _ 7�_S �o � "��'�� /� �' � . _. .�_._.._ . . _ . ... _ . 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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, May 26, 1970 to consider the following matter: Requests for variances of Section 45.053, 4B, Subparagraph 4, to reduce the side yard width on the street side of a corner lot from 17.5 feet to 13. 12 feet and Section 45.053, 1B, to reduce the minimum required lot area from 7,500 square feet to 6,116 square feet and Section 45.053, 4B, Subparagraph 4b, to reduce the sideyard requirement for an accessory building opening on a side street from 25 feet to 21 feet, to permit the construction of a dwelling and garage on Lot 30 and the Northern 10 feet of Lot 29, Block l, Plymouth Addition, the sa.�e being 4885-3rd Street N.E,, Fridley, Minnesota. (Request by Mr. Frank Dircz, 4875-3rd Street N.E., Fridley, Minnesota. ) Anyone desiring to be heard with reference to the above matter may be heard at this meeting. ROBERT A. MINISH ' CHAIRMAN BOA.RD OF APPEALS , . • ' L.S.� ��69-20 - Frank Dirca - Gombine N. 10 ft. of L-. 29 with L. 30, E1. 1, Plqmouth Add. r ' � �/ g' '� �1✓E'�1 ��. nl. �. � ._ � . . 6 ,�� . - _ � . . � , ; . � �, ' _____-_�f-.__._____ r- U � �� O � _ . __ . o� � y °��. a I� G(�S �� ,. � � �_ � G1 � - _�--- j � � , ; , i � ; � � � , . � i o � . � i � � �rop9s�d� o�t },�ne � � � � � � � i ' _ �� . z jQ.� �._. , -.. ,�,-� :�,...�r,. . ._ c� �o , � i �7' ,t . t" V1 i _- 4 - O � � � -1 � �Il �.�. � —< i � � � � S�, 1 i (h , / '<� '�� r 'f\ � ' � �Y � L I ��5� � \ _ (ii i � � �� U� � �� i � �� i �'�' � m � f ; i ! , ! ; . � . I i � � i �__ __ _ �S _ r i • d�.( i p I i � I n- Np., V - i i Y i � � ; . �� ' - - - , :;;: � . ,.;: . . . . ., , � :�� • 15 `.::`' ------Qr�-��. ' � � �'w� ...L.S. ��69-20 - Frank Dircz -- / � co , .f.a,� --,--�,,i,;�J� eo� � , ,r � � "_ ` ---�-;� � A , a� ,, ' � �� ',�,�� Combine N. 10 ft. of L. 29 with : zaa : � ��r9 y ' �• l�; a Zy Z � _-� � y�r L. 30, B1. 1, Plymouth Add. j � A r� > + i � 2e � . Y'' � . � ?w � ! � � p ��,� �n ---f--�1� Z� 4 _ ,{��--- - '. 3 4V #�LV is f i�¢ '� tc s {�� :`�� u _ __r �,'� J � 2� � N . a �zf � �, : •--, j`, � `a4 � � _ �`l z� t�4 S`2S ---� - ��--� 2s � ;� t '�__ a' ` -- a�'� �` <' ' a� �a z. � �.� 1�•• T ?,� ? n l �.4 � ; q�s P �4� , ,,� � ---- • � � 4�- a 9 �' ` �,�4r� _.. � M� v g 9 j �.. �I� _- � •,' 1� — !�y �', "t 9 �� '�' tt ! V' �� t `� �' AIi /o �" 11j p� ---- •� . 2I ,9 J� N :,�? p. . --�?.._ �' nti ---��+ ?/ /O .__. 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'"_ ...�. � .6.1..• �y � . . �(_+- t Z �il.•s. . .ri �i ,.,.s� � 1-+.....,.......r.+ ^� `�+ f ' i \ !s �. � � , � � y' _.. ~ +, �,. . ,. p� � _ , r p` 3. J� rx�s� ��1------,3�,;..'. : .. j�� . � y , a�\.� ' �4_ 4; ' _, `� �f� � .- `r�l ._. e �__ y s , : / �7,p� � :i � , _ ' , . -. . . � Z 7 o n t� 1� � �:h ". � �.r .�� : I :��--'--- _it��----"--r�� :�' ---! �"`�a. - t ' . . 1 _ _------ _ --- _- -- _ _ __,_-- � Plats & Subs -Str & UtiL Subcommittee - July 30, 19Fa�� Pasze 2 2. LOT SPLIT REQUEST• L S ��69-21, WAI.TER E. WIT'PMAN: South Ha�.f of Lot 1, Block 1, Spring Valley Addition. Mr. Wittman was present and explained that he owned 150 feet along Arthur Street and wanted it split into two 75 foot building sites. He has owned the lot since 1955, and in 1965 sent a letter to the City of Fridley asking for a lot split and received a letter stating this was already done. The City must have referred to the original split when Mr. Wittaz►�n gexrchased the property. It c�ras explained to Mr. Wittman that an tiverall street plan for the area called for an East/West street midway between 64th Avenue and Mississippi Str.eet to �erve the internal lots in the block when split. The 2ots in the ar�a �hich have been split have dedicated twenty-five feet for the street. This is a fairly well established precedent. Mr. Wittm�n was informed that it would be to his advantage if he would consider purchasing twenty-five feet fram Mr. Larson, awner of the PTorth Eialf �f Lot 1, in order to have two buildable lots. Mr. Wittman asked if the Stabcomnittee was sure the rest of the property owners would want that road. Chairman Jensen answered that he did not know the answer, but experience has been in lot splits similar to this, that the people in the are tired of bi lo s dec ide that the g older plats with one or two acre t , Y lots and paying taxes on them. The Planning Commission has developed a street plan, after a series of hearings, explaining that they are not talking about building roads now, but want to adopt a plan so that if any- one wants to diLvide the property, it could be done with this road plan. � It may take ten to fifteen years before the last lots are eplit, but this plan is wo�king;. As the lot splits come ina the road plan is follawed. Mr. Wittman was told a 75 foot corner lot is narraw and he would have trouble building on 75 feet because of setbacks. It would al�ost force building a 1'� story house. 1�90TION by Crowder, seconded by Myhra, that the Plats & Subdivisions- Streets & Utilities Subcoffinittee reco�end the lot split, L.S. ��69-21, of Lot 1 Block 1 S rin Valley Walter E. Wittman, of the South Half , , P 8 Addition that this Eody expreaaed disapproval t• the 2lanning C o�is s ion of this split. The reasons behin� the disappraval imrolve a 25 foot road easement which this Body deems necessary, thereby yielding a lot which is not suitable to give two buildable lots, thus there is na logic behind � approving the lot split request. Upon a voi.ce vote, all voting aye, the motion carried unanimously. 3. LOT SPLIT REQUEST: L S. ��69-20, FRANK DIRCZ: Combine 10 feet of Lot 29 with Lot 30, Block 1, Plymouth Addition. The petitioner was not present. The Engineering Aseistant explained that Mr. Dircz Was told that there were several variances that would have to be granted before he could build. He went before the Board of Appeals for a series of variancee to build on a 45 foot corner lot. This lot was tax forfeit and w�a purchased in 1963. Because 49th Avenue is a � �e Aid road and heavy traffic carrier, the Sub- caonnittee felt an 11 foot s�tback is inadequate inas�ch as the street is using almost all of the right of way leaving little boulevard. There are too many variances needed to build on the lot, and it was not the intent . ; _ _-- � Plats & Subs Str � Util Subcam - Julv 30, 1969 _ Pa�e 3 of the ordinance that all yards and spaces could be xeduc�d at once. The Subcou�ittee is not directly opposing the statements of the Board of Appeals, but the factors that they overlooked. MOTION by Crowder, seconded by Myhra, that the Plats 6 Subdivisions- I Streets & Utilities Subcommittee recou�end to the Planni� Comaission ; denial of the Lot Split �69-20, Frank Dircz, to combi,n�e 10 f�et of Lot 29 � with Lot 30, Block 1, Plymouth Addition for the follow�.ng two reasons: � 1) the proposed lot would have on one side 49�h Avenu� axhich ie a heavily traveled main artery affording little boulevarai, and Chs� gropassd 11 foot setback seems very inadequate. 2) the total of five varianc�s alxeady � granted from the Board of Appeals does not seem teo ffieet tt��: �.��ent of the City ordinances designed to prevent this sort o£ thing. L�pon � voice vote, all voting sye, the motion carried unanimously. 4. CONTINUED LOT SPLIT REQUEST• L S �`69-19 NOR�.'�i A� HOME A��l`'2��ON a J. R. pLE�L: South 150 feet of Lot 1�, Brookv�ew Addition ��°�`.�,�e�� to road easement over the South 50 feet. Mr. Plemel was present. It was noted that the land acquired for the lot split w�� r� ��mP, and being zoned R-3, the lot would not be buildab�e. The Sub�c��s�tee waated to check the amount of land purchased, and wondered if �v �s�uld be to the benefit of the Knights of Columbus to purch�se addition�,� land to the North im order to get a bufldable lot. Mr. Plemel said t;;��s was all the land +the Kaiights of Columbus purcha�ed and �.hey had no ��.::�her plans for expansioa� ia► that direction as �hey just needed addit�.��,ml parking spaceo 1�OTION by Myhra, seconded by Z�glea, that the Plats & Subdi�isions- Stseets & Utilities Subcommittee recoffinend approv�il of the lot b�3it, �69-19, North Air Home Association, J> A. Plemel of the Sout�h 150 f�et of Lot 18, Brookview Addition subjecC to road easement aver the So�a'th 50 feet, subject to further ineestigation for the po�sible need o:� a sewer easement. Upon a voice vote, all voting aye, the motion caa°�i�.d un�nimously. Mr. Plemel said the ease4nent is in th� preaent parking lot. ADJORTxN1�NT: 1�TION by Crowder, seconded by Zeglen, that the Plat� � Subdivisions- Streets & Utilities Subcommittee ffi►eeting of July 3D, 1969 be adjourcned tt 9:25 P.M. Upon a voice vote, all voting aye, the motion carried unani.mously. Re pectfully.�submitted C� Haze 0 Brian Recording Secretary , � , �`5� Plannin� �-<��.��it��Y ��:�in� - August 6, 1969 E�a�e 5 Mr. and Mrs. Lemke were present. Mr. Lemke said he acquired the lot tax forfeit in 1962. He bought it as a 40 foot lot and found out later it was only 38� feet. He kept the lot and paid the taxes. Since 47th Avenue was closed, he hoped to put a house on it. The sewer lateral is in the road so the City probably would want to ret�ai.n the easement. The Engineering Assistant explained that it is a storm sewer located 13 feet South of the centerline of 47th Avenue. The City's recomnendation is to retain ten feet on either side of the pipe. This would give Mr. Lemke 7 � feet more to build on and the rest would be lawn. Mi0TI0N by Mittelstadt, aeconded by Myhra, that the letter from Mr. and Mrs. Gerald Harwell, 4710 3rd Street Northeast referring to SAV #69-06, Leo 0. Lemke, be received. Upon a voice vote, all voting aye, the motion carried unanimously. The Engineering Assistant said he received a call from Mrs. R. E. Gordon who said she did not object to the vacation, but did see a dire need for a walkway to cross the highway to the bus stop. She had talked to the neighbor- hood and felt there would be quite a few at the meeting. In the discussion regarding the walkway, the cot�anent was made that because the party on the north side of 47th Avenue did not respond to the notice mailed to him, he was not interested in the vacation. In that case, the City could retain the North Half for possible walkway. Mr. Jensen said the path is well worn and there is old surfacing on it. Referring to the alley adjacent to T.H. #47, the Co�ission felt some right of way should be maintained to keep access to it. Mi0TI0N by Mittelstadt, seconded by Jensen, that the Planning Ca�►ission reco�end approval of the vacation request, SAV �k69-06, by Leo 0. Lemlce, to vacate 47th Avenue between Third Street and University Avenue, vacating only the South Half of 47th Avenue and that the petitioner should grant an easement to the City on all but the South 7 feet for utilities. That said vacation would be only to the West line of the alley and should not be closed off at this time. Upon a voice vote, all voting aye, the motion carried unanimously. 7. LOT SPLIT REQUEST: L.S. ��69-20, FRANK DIRCZ: Combine 10 feet of Lot 29 with Lot 30, Block 1, Plymoutt► Adclition. i Mr. Dircz was present. ' j The Chairman said the action of the Subcaimmittee was to reconmend denial � for two reasons, one being the fact that the proposed lot would have on one side 49th Avenue which is a heavily traveled main artery affording little boulevard, therefore the proposed 11 foot setback seemed very inadequate at�d that the total of five variances,already granted from the Board of Appeals, does not seem to meet the intent of the City ordinances designed to prevent this sort of thing. Mr. Dircz presented a petition by the adjoining property owners approving , the building of a suitable home to be built on Lot 30. The petition was signed � �� . ; •• _ �� Plann��.°ic:; �y;�:�zssic�n Meeting - Au�ust 6, 196� Pa�e 6 by f�fteen people generally in the 4800 block on 3rd Street and some on 49th i , Avenue. ; MQTION by Mittelstadt, seconded by Myhra, that the Planning Comaiss�.on � xecei.v� the petition, dated August 5, 1969, referring to Lot Split, L.S. �k69-20, by Frank Dircz approving the building of a suitable home on Lot 30. � Upon a voice vote, all voting aye, the motion carried unanimously. iIMOTION by Mittelstadt that the Planning Courtnission reco�end appraval of Lot Split request, L.S. ��69-20, by Frank Dircz to combine 10 feet of Lot + 29 with Lot 30 and also approve recommendations made by the Board of Appeals j to grant the following variances: Section 45.29 reduce lot width from SQ feet � to 45.12 feet; Section 45.29 (2C) distance between living areas from 20 £eet ` to 15 feet; Section 45.24 street side corner lot from 17� feet to 12 feet; + Section 45.28 reduce lot area requirement from 7500 to 5820 square feet; � Section 45.23 sideyard reduced from 10 feet to 5 feet on existing home, to allow the applicant to split his lot for a saleable home. i . �� The MOTION FAILED for lack of a second. i � Mr. Jensen explained that he did not think it would be appropriate to grant the proposed lot split with its many variances. The minianim lot size is 60 feet. With these numerous variances, the lot is xeally not suitable for a single family dwelling. It was his own impression that this lot would be more suitable purchased by the City or County in all or part for a ro$d right of way. There is a most serious shortage of right of way in this area. The boulevard for the lot would be five feet. Plawing a street with a five foot right of way is not wide enough, and a sidewalk is needed on that side ' of the street. For children to be walking in such a street is ridiculous. He thought it would be a far more appropriate thing for the City or County to acquire part of that lot and Mr. Dircz retain what is deemed necessary. MOTION by Jensen, seconded by Myhra, that the Planning Commission recom- ment denial of the lot split request, L.S. ��69-20, Frank Dircz, to combine 10 feet of Lot 29 with Lot 30, Block 1, Plymouth Addition and concur with the reco�endations of the Subco�nittee as follows : 1) The pxoposed lot would have on one side 49th Avenue which is a heavily traveled main artery affording little boulevard, and the proposed 11 foot setback seems very inadequate. 2) The total of five variances already granted from the Board of Appeals does not seem to meet the intent of the City ordinances designed to prevent this sort of thing. 3) The City should study this lot as a pos- sible area to acquire more right of way to, perhaps, provide room for fu�ure turn lanes and sidewalks. Upon a voice vote, all voting aye, except Mittelstadt who voted nay, the motion carried. 8. CONTINUED LOT SPLIT REQUEST: L.S. �69-19, NORTH AIR HOME ASSOCIATION. J�R. PLEMEL: South 150 feet of Lot 18, Brookview Addition subject to road ease- ment over South 50 feet. Mr. Plemel was present. The Engineering Assistant reported that there was no need for a sewer easement for this request because the sewer was located about 12 or 15 feet onto the property of the Knights of Columbus in Harstad Addition. � REGUT�R COUNCIL MEETING OF AUGUST 18, 1969 PAGE 5 a cesspool. The City Engineer pointed out the proposed plans for road dedication and back lot utility easements. Mr. Wittman said he feels he owns 150 feet, as this easement does not exist. Councilman Samuelson said that maybe there will be a street going east and west someday (approximately 64� Avenue) and right of way will have to be given for that street. Mr. Wittman said that if he sold to his neighbor, he will still have 75 feet and wanted to know if he could get a building permit to build. Councilman Samuel- son said that this was a corner lot so he would have to retain 80' . He said there would be a utility easement on the north line because they may need storm sewer and NSP poles would have to be put in. The City Engineer said that this easement on the north line would have to be given while he still owned the property. Mr. Wittman asked if he gave an easement for 64� Avenue if he would still be responsible for the taxes. The City Engineer said that if he deeds 25' for the street to the City of Fridley, he would not pay the taxes on it. The City Engineer said that there is no sewer line on Arthur Street now but there is one on 64th and Mississippi. He questioned whether the Council would allow a cesspool or require a hookup to sewer services. He said if he connected, he would have to follow Arthur Street and this would benefit the property on the east and they do not know how this will develop. Councilman Samuelson said his suggestion would be that he could put in a cesspool, but would have to sign an agreement to hook up the sanitary sewer as soon as it was available. Mayor Kirkham said he did not like the idea of a cesspool because of the high water table. MOTION by Councilman Samuelson to grant the lot split upon the granting of a 5 foot utility easement and the dedication of 25 feet along the south portion of the lot to the City of Fridley for street purposes retaining 80 feet north/south frontage on Arthur Street. The building permit to be predicated upon an agreement that as soon as sanitary sewer is available the owner will hook up to the City system and that all easements are on record with the City of Fridley. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. 5. VACATION REQUEST: SAV #69-06, LEO O. LEMKE: Vacate 47th Avenue between 3rd Street and University Avenue (Lot 30, Block 9, Plymouth Addition) MOTION by Councilman Samuelson to set the date of September 8, 1969 for the Public Hearing on Vacation Request SAV #69-06. Seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. � 6. LOT SPLIT REQUEST: L.S. #69-20, FRANK DIRCZ: Combine 10 feet of Lot 29 with Lot 30, Block 1, Plymouth Addition. The City Engineer pointed out that the Planning Commission had recommended denial of this lot split. Councilman Liebl said that the petitioner had gone to the Board of Appeals first because of variances that were needed, the Board of Appeals had granted the variances and the Council had accepted their Minutes. He asked Mr. Dircz what his plans were for the lot split. Mr. Dircz presented pictures to the Council of other 40' lots in the area and also his tax statement for the property. Councilman Samuelson pointed out that the minimum corner lot size is 80 foot frontage. Mr. Dircz stated that ' the lot was useless to him now with the high taxes. He said that he h�s not I paid the $400 assessments, and if he cannot do something with the lot he would have to let it go. Mayor Kirkham asked him �� h� t�m� �e bought the .. GlU-�?�/ � , i REGULAR COUNCIL MEETING OF AUGUST 18, 1969 PAGE 6 � property, he had thought he eventually would be able to build on it. Mr. Dircz said that Columbia Heights had lots of that size in the area, and he thought land would get scarcer and he would be able to build. Councilman Liebl asked if anyone had objected to this plan. n�r. Dircz replied that the neighbors did not object and presented the Council with the petition the Planning Commission had received. PETITION #37-1969 IN FAVOR OF L.S. #69-20, FRANK DIRCZ MOTION by Councilman Liebl to receive Petition #37-1969 of adjoining property owners granting approval to build a suitable home. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. Councilman Liebl asked Mr. Dircz what size home he would build. Mr. Dircz •replied, giving the approximate measurements of the house he had in mind. Mayor Kirkham said that to be fair to Mr. Dircz he thought this should be brought back at the next regular Council Meeting with a full Council as he did not feel he could vote for it and it would fail. He said the City has minimum requirements set up and a lot of only 45 feet would be a rarity in the middle of the block, let alone a corner lot. Mr. Dircz asked how the City would maintain the lot if he was forced to let it go. Mayor Kirkham said that was another problem, and did not bear on the lot split. MOTION by Councilman Samuelson to table the consideration of the Lot Split Request L.S. #69-20 to the Regular Council Meeting of September 2, 1969. Seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. � 7. LOT SPLIT REQUEST: L.S. #69-10, NORTH AIR HOME ASSOCIATION, J.R. PLEMEL: South 150 feet of Lot 18, Brookview Addition subject to road easement over south 50 feet. The City Engineer said that the Planning Commission had recommended approval of the lot split request. He pointed it out on the map, and commented that this area has a drainage problem and the only way it can be drained is by going to the Creek someway. He pointed out that this lot split will aggrevate the water problem because they plan to extend their parking lot. The Council dis- cussed the drainage problem in this area. The Acting City Attorney said that he was sure the Knights of Columbus would go along with any solution the Council can find to resolve the "lake" on 68th Avenue and Lucia Lane. Councilman Samuelson asked if it would be wise to hold another Public Hearing for storm sewer. The City Engineer said that he thought it was advisable, but storm sewers are not popular. Councilman Liebl said he thought it was important to solve the drainage problem first. The City Manager said that this area is the source of many complaints because of water. Councilman Samuelson suggested a Public Hearing be held in October to give the Administration more time for engineezing studies. The City Engineer said that they were ready now as this has been brought to the Council before. MOTION by Councilman Samuelson to set up a Public Hearing for the construction of storm sewer services to the 68th Avenue and Cha�nel Road area and that the Lot �plit Request L.S. #69-10 be tabled until the Public Hearing is completed. Seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. REGUI..F�R COU:JCIL :-1EETING OF SEPTE_`�IBER 2, 1969 PAGE 10 Councilman Harris said that asking for a rezoning on Parcel 9 is unrealistic / , in the middle of the other lots, Mr. Barbush answered that they only � started with Parcel 9 as 2, 3, 7 & 8 may become park land. He then asked the Council to wait with their decision upon the rezoning until all the facts are before them concerning the park land. 3. LOT SPLIT REQUEST BY FRANK DIRCZ, L S #69-20• Combine 10' of Lot 29 with Lot 30, Block 1, Plymouth Addition Mr. Gordon Jensen representing Mr. Frank Dircz explained that Mr. Dircz owned Lots 28, 29 and 30, Block 1, Plymouth Addition. The house is on Lots 28 and 29 and Lot 30 was acquired in 1963. He is proposing to take 10' off Lot 29 and add to Lot 30, and has already obtained the necessary variaxtces from the Board of Appeals. They were also approved by Council and do exist. As 49th Avenue is quite heavily travelled, the driveway would not exit on that street, but would probably exit onto 3rd Street. Mr. Dircz has gone around to the neighbors and obtai�.ed a petition in favor of the lot being developed. It is felt by the residents to be in their best interest to have a house on this lot. Mr, Dircz' parents are quite old and he ,�ould like to move thzm into a house close to him. He is now faced with payment of a $400 assessment, has had to maintain the land and would now like Lo use it. He then came forward and presented the Council with the petition. PETITION �37-1969 - IN FAVOR OF L.S. #69-20 BY FRANK DIRCZ: (Petition #37-1969 was received by the Council at the Meeting of August 18, 1909) � , Councilman Harris asked what the total area is that Mr. Dircz owns. Mr. Jensen said 115` X 128' . He said that there is plenty of side yard, and Mr. Dircz is willing to give easements as necessary for a driveway. The only problem he could foresee was that the neighbors would fear that by allowing a house here that the area could become a slum, but this problem has not mater:ialized as shown by the petition in favor of the development of the lot. • Councilman Liebl pointed out that most of the lots in that area are 40' . There is some hardship shown, and since the Board of Appeals granted the variances, and the Council accepted the Minutes, he felt that the Lot Split should be approved. Without the Lot Split, the land is useless. The Bui.lding Inspector would still have to go over any house plans submitted. This would help to clean up this area. • 9, MOTION by Cc�uncilman Sheridan to grant the Lot Split requested by Frank Dircz for splitting off 10' from Lot 29 and adding it to Lot 30 for the utiliza- � tion of that lot, with the Administration to direct which way the house and garage will face. Seconded by Councilman Liebl. Upon a roll call vote, Liebl • a�d Sheridan voting aye, Kirkham, Harris, and Samuelson voting nay, Mayor Kirkham declared the motion FAILED. DISCUSSIODI OF MINING PERMIT FOR LEONARD COCHRAN: The City Attorney reported- that he had drawn up the agreement as it appears � in the Council Agenda. The agreement has already been signed by Mr. & Mrs. ' Cqchran. As the Council knows there have been discussions with Mr. Cochran for some time. At the Council instructions, court action was started. REGULAR COUNCIL MEETING O�' MAY 4, 1970 � PAGE 13 Mr. Richard Harris said that he was very much in favor of something going into this piece of land. He asked about how large the loopback would be. Councilman Harris said it would have to be 250 feet �rom the street, and would be about l� acre parcel. Mr. Richard Harris said that this would be another potential site for a gas station. The City Engineer pointed out ' that before a filling station could go in, the Council would have to grant a special use permit. Mr. Harris said that he was not quarreling with the loopback concept, but he wondered what would be done with these small parcels of land as more and more loopbacks are created. Mr. Jones asked how close the sign could be to University Avenue. The , Crity Engineer said about 60 feet from the highway. Councilman Harris said that the sign ordinance would give him all the additional information he would need. ' MOTION by Councilman Breider to grant a special use permit to Mr. Jones sub- ject to dedicating the three easements, submitting a registered land survey, the special use permit to be for three years, renewable up to five years, ': at which time the business will be considered permanent and he will be expected to comply with all the Code requirements, and with the understanding that he will not oppose the sewer, water and storm sewer improvements when they go in in the future. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. \ �-� �/ , -L�/j� RECONSIDERATION OF BUILDING ON UNDERSIZED LOT, FRANK DIRCZ: (On Agenda �t '� � the request of Councilman Liebl ) The City Engineer explained that Mr. Dirca owned three lots, and is trying to split them into two lots. He has a house on Lots 28 and 29 and he wants to split off 10 feet from Lot 30 and add to Lot 29 to make .a lot 45.12 feet , deep. The previous action by the Planning Coaanission was to deny the lot split, although the Board of Appeals approved of the variances requested. Councilman Liebl pointed out that there was a petition from the neighboring residents in favor of his building a house on this lot. He said that as there was a member of the Board of Appeals in the audience, he would like to ask him why the Board of Appeals qranted this request. Mr. Mike 0'Bannon said that when he was on the County Board he went to Mr. Dircz and asked him to buy this additional lot in an effort to get it ; cleaned up. At that time the taxes on Lot 30 were $20, now they are $109 ; , for this year. He felt that any lot that is taxed for $109 should be con- sidered a buildable lot. Mr. Dircz came before the Board of Appeals and asked if he could not put a small home on it. The Board of Appeals approved � of his request, but from then on it was disapproved. Mr. O'Bannon felt that when being taxed to that extent, he should have the right to use the I! property to some advantage to himself. ', �I Councilman Liebl said that the applicant plans to face the house toward 3rd Street, and the setback would be 35 feet. He did not feel that there would 'I be any trouble with vision while driving. He said that he had inspected this site, and did favor this request last year. He said that he would not �� like to see Lot 30 go back on the tax forfeit list, and would urge recon- sideration. � ; � � ^�/ ,j v U i tLEGULAR CUuNC1L MEETING uF MAY 4, 1970 1'AG�; 14 � Councilman Sheridan said that he did not feel that the house should be closer than 17� feet from 49th Avenue for clear vision on any corner lot for the safety of the travelling public. This would mean that the house width could be only 20 feet. MOTION by Councilman Liebl to grant the lot split requested by Mr. Frank Dircz on Lots 29 and 30, Block 1, Plymouth Addition, as shown on Page 73 of the May 4, 1970 Agenda. The motion was seconded and upon a voice vote, Breider, Liebl and Sheridan voting aye, Harris voting nay, Mayor Harris Pro tem declared the motion carried. It was agreed that Mr. Dircz was to re-apply for the variances needed with , the Board of Appeals. DISCUSSION REGARDING FENCING ON THE NORTH SIDE OF COUNTRY KITCHEN RESTAURANT: The City Engineer explained that the Council approved the plans for Country Kitchen previously, including a 3' high fence along the north side of the property. Now there is a request from the property owner to the north that the fence should be 6' high. Country Kitchen is willing to build it, but they are not actually in favor of it, and want to be assured that there will not be other similar requests. The property owner to the north has insisted on the 6' high fence and he did not want them to come back in later saying that the fence looks terrible. Mr. Arthur Lindquist, Country Kitchen said that they have offered the City several dispensations. They have directed their personnel to keep the drapes closed on that side of the building, and have also changed the location of the fence slightly so that it would be actually 4' above the ground level. He said that they will agree, but they do object, as it is felt that this will obstruct the view coming down University Avenue. Councilman Harris said that he would not favor the fence 6' high in view of the rezoning that just passed on the property to the north. Mr. Lindquist added that the refuse containers are enclosed in a 6' high redwood fence. The City Engineer added that there would also be plantings in addition to the 3' fence. Mr. Max Hapka said that they moved into this area in 1964 and thought that it would be a residential area. They also rebuilt after the tornado. He said that he was not against progress, but they did want their privacy. He said that he did not see why when this was planned, they were not told. He said that they were also left out of the Hyde Park rezoning notices. He said that he was the owner of the property. Councilman Liebl said that they were on the mailing list, as he remembered seeing their names. Mrs. Hapka added that there are big windows in Country Kitchen that face their yard. A 3' fence will not keep people from looking right into her yard. She added that Holiday Car Care Center has a 6' fence. She felt that anyone in the restaurant could watch them in their home. Councilman Harris pointed out that it would be poor planning for every business all up University Avenue in the newly rezoned area to put up 6' fences all around their property. Mrs. Hapka pointed out that there usually is not a residence across the street. Councilman Sheridan said that it was the policy of the Council to not put a fence on a street side. Zf it was an alley, or the back of the ��p��y' it would be a dif�are�� xnatter. REGULAR COUNCIL MEETING OF JUNE 1, 1970 PAGE 8 MOTION by Councilman Sheridan to receive the Minutes of the Building Standards - Design Control Subcommittee Meeting of May 21, 1970. Seconded � by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham .� '1 declared the motion carried. � r � y„�nr' RECEIVING THE MINUTES OF THE BOARD OF APPEAI�S MEETING OF MAY 26, 1970: ��b 1. REQUE5TS FOR VARIAI�ICES OF SECTION 45.053, 4B, SUBPARAGRAPH 4, TO REDUCE THE SIDEYARD WIDTH ON THE STREET SIDE OF A CORNER LOT FROM 17.5 FEET TO 13.12 FEET AND SECTION 45.053, 1B, TO REDUCE THE MINIMUM REQUIRED LOT AREA FROM 7,500 SQUARE FEET TO 6,116 S UARE FEET AND SECTION 45.053, 4B, SUBPARAGRAPH 4B, TO REDUCE THE SIDEYARD REQUIREMENT FOR AN ACCESSORY BUILDING OPENING ON A SIDE STREET FROM 2S FEET TO 21 FEET TO PERMIT THE CONSTRUCTION OF A DWELLING AND GARAGE ON LOT 30, AND THE NORTHERN 10 FEET OF LOT 29, BLOCK 1, PLYMOUTH ADDITION, THE S�fME BEING 4885 3RD STREET N.E. , FRIDLEY, MINNESOTA. (REQUEST BY MR. FRANK DIRCZ, 4875 3RD STREET N.E. , FRIDLEY, MINNESOTA) : " The City Engineer said that this is a lot which was discussed previously when a lot split was granted by the Council. The property is owned by the adjacent property owner. The Board of Appeals recomanended approval. fHe pointed out that this would be setting a precedent for a 45' lot. ! MOTION by Councilman Liebl to approve the variances requested by Mr. Frank � Dircz. Seconded by Councilman Sheridan for discussion. I I Councilman Sheridan said that at the previous discussion he indicated that i� the side yard should be 17 feet. This request is for 13.12 feet. His reason for the �7 feet was for clear vision. Councilman Liebl said that �i he had gone down there and the street is very wide and there should be � no problem with vision. He pointed out that none of the neighbors objected ; to it. I I The City Engineer showed the plot plan at the Council table. THE VOTE UPON THE MOTION, being a voice vote, all voting aye, Mayor Kirkham declared the motion carried. J 2. A REQUEST FOR A VARIANCE OF SECTION 45.053, 4A, TO REDUCE THE REQUIRED FRONT YARD DEPTH FROM 35 FEET TO 23 FEET TO PERMIT THE CONSTRUCTION OF A DWELLING WITH AN ATTACHED GARAGE ON LOT 1, BLOCK 1, GIRDLER TERRACE ADDITION, THE SAME BEING 6064 WOODY LAND N.E. , FRIDLEY, MINNESOTA. (REQUEST BY MR. HAROLD E. SWANSON, 1211 GARDENA AVENUE N.E. , FRIDLEY, MINNESOTA) : The City Engineer said that this request is for a front yard variance from 35 feet to 23 feet on Woody Lane. Mr. Swanson had a petition signed by al�out 15 property owners in the area saying that they had no objection. The Bqard qf Appeals recommended approval. This is an odd lot, and some of the existing homes are set quite far back on the lots. MOTION by Councilman Sheridan to approve the variance requested by Mr. Harold Swanson as recommended by the Board of Appeals. Seconded by Council- man Liebl. Upon a.voice vote, all voting aye, Mayor Kirkham declared the motion carried. REGULAR COUNCIL MEETING OF JUNE 1, 1970 PAGE 7 Councilman Sheridan said that he felt that it was har� to visualize two businesses competing against each other. He questioned allowixig a deviation from what was required of other builders in the area, although he admitted that this was an attractive layout. The City Engineer felt that there should be some language included in the special use permit to guarantee raaintenance. The City Attorney said that this could be written in. Councilman Breider pointed out that the license has to be renewed every year. MOTION by Councilman Breider to authorize publication af Ordinance #452. (Second Reading held May 4, 1970) . Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. MOTION by Councilman Breider to grant the special use permit on Lot 1, Block 3, Commerce Park Addition with the requirement of an additional traffic lane when the City requests it, subject to the stipulations of the Building Standards - Design Control Subcommittee, except the buildings be kept separate as originally glanned, and that the maintenance has to be satisfactory at all times. Seconded by .Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. MOTION by Councilman $reider to grant a building pezmit for two car washes requested by Steve Coddon as shown on the plot plan June l, 1970. Seconded by Councilman Sheridari. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. Mr. Heskin told the Council Thank You for all their help, and time that was taken with him. 5. CONSIDERATION OF A REQUEST TO CONSTRUCT AN OFFICE AND WAAEHOUSE ON LOTS 6, 7, 8, 9, AND 10,. $LOCK 8, ONAWAY.ADDITION, THE SAME BEING 7710 & 7720 MAIN STREET N.E. , FRIDLEY, MINNESOTA.- .(,&EQIJEST BY HAR.RIS ERECTION COMPANY, 6210 RIVERVIEW TERRACE, FRIDLEY, MINNESOTA) : The City Engineer said that they have already built two buildings in this area and this is an expansion to the north. The Building Board recommended approval. This is much the same type of building as tlzey built previously. It is a block building with brick on the office portion. Mr. Richard Harris said that he assumed that the manhole is at grade, as this is what he will be determining the elevation of the building on. He added that his company plans on using this building, rather than leasing it out. The City Engineer said that there might be a future need for additional parking space, however, this could be worked out. He added that this is the responsibility of the land owner. Mr. Richard Harris said that he was sure that there was enough room. Mr. Harzis said that they needed the culvert at Main Street as they store equipment across the creek. There is not enough roo�a to store the cranes. The City Engineer said that all equipment must be stored within a privacy fence and 7�r. Harris �nd,icated that he was aware of tlais. MOTION by Gouncilman Breider to approve the permit, subject to the Building Standards - Design Control stipulations, and with the additional parking to be provided as needed in the future, as per City's request. Seconded by Councilman Sheridan. Upon a voice vote, all veicir�g �ye, Maypr Kirkham declared the motion carried. - � THE MIN[TTES OF THE BOARD OF APPF.9,LS ME�rING OF 3UNE 25, 1969 The meeting was called to order by Chairman Mittelatadt at 7:34 P.M. r�IDERS PRF�.SENT: Mittelstadt, Ahonen, Minish, Harris, 0'Bannon 0`i'HgiS PRESENT: Clarence Belisle-Building Tnspector MOTION by 0'Bannon to approve the minutes of June 4, �969 as written. Seconded by Harris. Upon a voice vote, all voting aye, the motion carried unar�imous ly. 1 . A REQUEST FOR VARIANCES OF SECTION 45.29 TO RIDUCE THE LOT WIDTH R UIRIIKIIIT FROM �0 FEET TO 45•12 FE�!', SECTION 4 .29 2E TO RIDIICE THE DIST.ANCE BETWEF�T LNING AREAS FROM 20 FF�.`P TO 1 FEET SECTION .2 TO RIDUCE THE SIDEYARD R IIIRIIKIIV'I' FOR THE STREEr SIDE CORNER LOT FROM 17 FE� TO 11 12 FE'� AND SDCTION 4 28 TO RIDIICE THE LOT AREA R .UIRII�NT FROM 7500 SQUARE FEET TO 5820 SQUARE FEEP AND SECTION 45•23 TO RIDUCE THE SIDEYARD R UIRII�III�P, ON EXISTING HOME, FROM 10 F�,'I' , TO 5 FE�'I' TO ALLOW THE APPLICANT TO SPLIT HIS LOT AND CONSTRUCT A SALABLE HOME ON LOT 0 NORTH 10 FE�,'i' OF LOT 2 BLOCK 1 PLYMOIITH ADDITIOld THE SAME BEII�f'r PART OF 8 - RD STREET N.E. FRIDLEY MINNESOTA. R IIEST BY DIRCZ 8 - RD STREEI' N.E. FRIDLEY MINNESOTA. Mr. Frank Dircz was preeent to explain hie plane to the Board. _,The appliEant wae unable to get a copy of a survey of the property ao a drawn dia,gram wae presented to the Board, showing the existing lot lines, the proposed lot line, the present house and ga.rage, and the propoaed dwelling. Mr. Dircz explained to the Board members that he would not be able to build on this piece of land without the requested variances and unless he was allowed to build on this �1ot he would have to let it go back on the tax rolls as he could not afford the taxes on it. He thought he would be able to build a 24 foot by 36 or 38 foot dwelling on the lot if the variances were granted. He would face ' the proposed home toward 3rd Street to make the housea uniform. The proposed garage would be placed as far back on the lot as posaible. MOTION by Minieh to cloae the public hearing. Seconded by Ahonen. Upon a voice vote, all voting aye, the motion carried. ' MOTT�N by Minish to grant the requested variances for the following reaaons; 1 . In view of the assessments on the lot, a hardship would be areated if the variancea were not allowed as tY�e lot would be unbuildable and possibly would go back on the tax rolls ae tax forfeit land. 2. The applicant has maintained this corner lot even though it was unbuildable. 3. There were no objectiona from ac�jacent property owners. Seconded by Harris. Upon a voice vote, all voting aye, the motion carried unanimously. ADJOURHI+'�NT: Chairman Mittelstadt adjourx�ed the meeting at 8:20 P.M. Reepectfully eubmitted, Mary Hintz Secretary .�� 4 THE MINUTES OF THE BOARD OF APPEALS SUBCOMMITTEE MEETING OF MAY 26 1970 The meeting was called to order at 7 :38 P.M. by Chairman Minish. MEMBERS PRESENT: Minish, Ahonen, Drigans, Sondheimer MEMBERS ABSENT: 0'Bannon OTHERS PRESENT: A1 Bagstad - Building Official MOTION by Drigans to approve the minutes of the May 12, 1970 meeting as written. Seconded by Sondheimer. Upon a voice vote, there being no nays, the motion carried unanimously. � Chairman Minish stated the request that was tabled at the last meeting, variance of Section 45.053,4B, Subparagraph 3, by Mr. Bruce Miller, 7872 Firwood Way N.E., went before the City Council on May 18, 1970, and was approved at that time. 1. REQUESTS FOR VARIANCES OF SECTION 45 053 4B SUBPARAGRAPH 4 TO REDUCE THE SIDEYARD WIDTH ON THE STREET SIDE OB A CORNER LOT FROM 17.5 FEET TO 13.12 FEET_AND SECTION 45.053, 1B TO REDUCE THE MINIMUM REQUIRED LOT AREA FROM 7,500 SQUARE FEET TO 6,116 SQUARE FEET AND SECTION 45 053 4B SUBPARAGRAPH 4B, TO REDUCE THE SIDEYA.RD �.�UIREMENT FOR AN ACCESSORY BUILDING OPENING ON A SIDE STREET FROM 25 FEET TO 21 FEET TO PERMIT THE CONSTRUCTION OF A DWELLING AND GARAGE ON LOT 30 AND THE NORTHERN 10 FEET OF LOT 29 BLOCK 1 PLYMOIITH ADDITION, THE SAME BEING 4885-3RD STREET N E FRIDLEY, MINNESOTA �REQUEST BY MR. FRANK DIRCZ, 4875-3RD STREET N E , FRIDLEY, MINNESOTA ) Mr. Frank Dircz was present to present the requests. He explained that he had been before this Board in June of 1969 with 5 variances on the same land and the variances had been approved by the Board but denied by the Council. He has since been granted a lot split, on the land, by the City Council and is now before the Board with only 3 variances. The Board was shown a sketch of Lots 28, 29 & 30 which located the buildings that are presently on Lot 28 and part .�f 29. Chairman Minish stated that Lot 30 was a tax forfeit lot that Mr. Dircz bought for back taxes and which he has kept up even though it was considered unbuildable. Mr. Dircz stated the taxes on the lot are now quite high and he would like to be able to build a house on it to sell. He stated further that he has ' cut down on the size of the house since last years request and that he will maintain the 15 foot requirement between structures. MOTION by Ahonen to close the public hearing. Seconded by Drigans. Upon a voice vote, there being no nays, the motion carried unanimously. MOTION by Ahonen to approve the 3 variances for the following reasons : 1. Another variance was approved last year, prior to a granted lot split, and since then the Council has approved the lot split and this action is now necessary to make the lot buildable. , ; ., The Minutes of the Board of Appeals Subcommittee Meeting of May 26, 1970 Page 2 2. The building would not afford any traffic hazards as far as visibility is concerned. 3. TY�e lot has been vacant for ��iit� some time and the applicant has taken great pains to maintain the lot. 4. The building on the site would be an asset to the City and to the neighborhood. 5. There is no way in which the applicant could acquire any more land to add to the lot. Seconded by Sondheimer. Upon a voic.�� vote, there being no nays, the motion carried unanimously. 2. PUBLIC HEARING ORIGINALLY SCHEDULED FOR THE MEETING OF JUNE 9, 1970. A REQUEST FOR A VARIANCE OF SECTION 45.053, 4A, TO REDUCE THE REQUIRED FRONT YARD DEPTH FROM 35 FEET TO 23 FEET TO PERMIT THE CONSTRUCTION OF A DWELLING WITH AN ATTACHED GARAGE ON LOT 1. BLOCK 1, GIRDLER TERRACE ADDITION THE SAME BEING 6064 WOODY LANE N.E. , FRIDLEY, MINNESOTA (REQUEST BY MR HAROLD E, SWANSON, 1211 GARDENA AVENUE N.E. , FRIDLEY MINNESO'TA.) Chairman Minish explained to the Board that he had received a call from Mr. Harold Swanson asking if he could appear at tonight's meeting with his request as he would like to start building as soon as possible. Chairman Minish had answered that Mr. Swanson could appear if he could acquire the signatures of all the property owners wittiin 200 feet of his property, stating they had no objections to the request for the variance. Chairman Minish also told Mr. Swanson that the Board would receive the request but that they might not agree to act on it, at this meeting, as it was not the regular procedure. Mr. Swanson came forward and presented to the Board a petition signed by all the property owners, within 200 feet of hia property, stating they had no objections to the variance. MOTION by Sondheimer to receive the petition. Seconded by Drigans. Upon a voice vote, there being no nays, the motion carried unanimously. Mr. Swanson explained they need the variance as the back of their lot is very steep and if they had to m��intain the 35 foot setback, the house would be placed back behind the crest of the hill. This would mean hauling in a considerable amount of fill which would run into quite a bit of money. Mr. Swanson explained further that the house to the North of his lot is located completely behind his proposed house and the dwelling located on the second lot to the North is further back yet. He said the houses along Woody Lane have not been built with any standard setback, so their house would not be disrupting a straight line of homes if they were allowed to build using a 23 foot setback.