AF-V - 44878�.�
su�+�tcr � '
� i:i.ty (�f �.'t'it�l��y .
�� AT TIiE 70P OF TNE TV�/INS I ATION TO BOARD OF APPEACS
, �, APPL C
� �� `___� GdMMUNII'Y OEVELOPMENT DIV.
r � �" � PHOTC_C71VE INSPECTI�N SEC.
1 . �
� � /"�'/ � CITY HALL FRIOIEY � 55432 -NUMUeN REV. DATE �'�GE O: APPHOVE6 bY
�----�•� �•� Gi2•55��-3�50 g10-F23 1 3/21/75 1 2 800
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Name . �,- , Address _ � Phone .
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Legal Lot No. Block No. Tract or Addn. _
Descripi.ion �Gj - �.3C'.' 3� �� .�✓
Variance Fequesi�(s); incl.uding stated hardships (attach plat or survey of property
sho4�ing building, variances, etc., where applicable)
�'it0 � 25 � TO Ig �
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C�t� Cd��c 'tOS:C�C3 S e
S E E �r� R o �itET�
� . • Dat '• ��
•
Meeting Date e Receipt �Vo. Signature
�sr 'li• � � �(�� /
Comments & Recommendations by
the Board of Appeals
Gity Council E�ction and Date
i
� SuN�ecr
�:Yty ���� �� �•�z���ty
�
�. AT TME TOP UF THF. TN11NS APNLICATIO�J TO BOARD OF APPEALS
, , �
� ' �� __ __, COMMUNI7Y DEVELOPMENT DIV. �Stcl�f Report)
L PROTECTIVE INSPECTION SEC.
1 j �
�� . .
� � i"'"t � CITY HALI FRIDLEY 55432 ��Uti�HE.R �+EV. uatE ancE oF APVHOVEU BV
` �"-'�' �'� 612•5G0-3a50 ^r
910-F23 1 3/21/,5 2 2 800
Staf£ Comments
Board members notified of ineeting by DU �' ' � List members,
date notified, and "Yes" or "No" for pi.ans to a�tend hearing. Plan
,1� ' e/ Date To Attend
// �^"" Name
G-3��G
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Pearson making appeal and the following property owners having property within 200
feet notif5.ed: . By Whom
� u�e Date Phone or Mail Notified
Mr. & Mrs. Edward Mikolich - 6616 Fridley Street �. 3-�G ��_ �
Mr. & Mrs. Robert White - 6600 Fridley Street ,
Mr. & Mrs. Michael Hudak - 6601 Fri°d�ejLS�
Mr. & Mrs. Thomas Kupp - 6615 Anoka Street •
Mr. & Mrs. ron Mar ar - ± �
Mr. & Mrs. Arthur Demeyere - 6620 Anoka Street
Mr. & Mrs. Donald Peterson- 1607 BunkerAnoka,B�lnd'
r, rs. oger ei nauer - no a treet-
Mr. Williard L. Gardner - 6573 Arthur Street � �
r, rs. anue illareal - 6683 Arthur Street
MY�. & Mrs. Edward Chies -8624 N.W. Mississi i Blv . •
r. & Mrs. Peter Lazorshak - 6584 Fridley Street .
Mr.�& Mrs. Jose h Anderson - 6570 Fridle Street
Mr. & Mrs. Peter Benolken - 6550 Fridley Street
Mr. & Mrs. Curtis Wischer - 6549 Anoka Stree
Mr. & Mrs. Donald Parks - 6563 Anoka Street
Mr. & Mrs. Richard Giles - 6575 Anoka Street
Mr. & Mrs. Raymond Janey 6595 Anoka Street �
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TO WHOM IT MAY CONCERN:
NOTICE
Fr"idley will meet
Avenue Northeast
following matter:
OFFICIAL NOTICE
CITY OF FRIDLEY
PUBLIC HEARING
BEFORE THE
APPEALS COMMISSTON
IS HEREBY GTVEN that the Appeals Commission of the City of
in the Council Cham6er of the City Hall at 6431 University
�n Tuesday, June 15, 1976 at 7:30 P.M. to consider the
A request for a variance of Section 205.053, 56, Fridley
City Code, to reduce the side yard setback of a detached
garage which opens on a side street from the required
25 feet to 19 feet, to allow the construction of a detached
garage to 6e located on Lots 29 and 30, Block 5, Oak Grove
Addition, the same being 6595 Anoka Street N.E., Fridley
Minnesota. (Request by Mr. Ray Janey, 6595 Anoka Street
N.E., Fridley, Minnesota 55432.)
Anyone who desires to be heard with reference to the above matter
will be heard at this meeting.
VI:RGINIA WAHLBERG
CHAIRWOMAN
APPEALS COMMISSION
Note: The Appeals Commission will have the final action on all residential
variance requests unless there are objections from the surrounding
neighbors, the City staff, or the petitioner daes not agree with the
Board's decision. If any of these events occur, the request wi11
continue to the City Council through the Planning Commission with
only a recommendation from the Appeals Comnission.
Administrative Staff Report
6595 Anoka Street
A. Public Purpose Served by Requirement:
Section 20�.053, �, B, & 5, B, corner lot side yard seback of
25' for a detached garage.
To allow for off-street parking without encroaching on the
public right of way. Also the aesthetic consideration of
the neighborhood to reduce the building line of site encroach-
ment into the neighbor's front yard.
B. Stated Hardship:
The full 25 ft. setback would require additional fill, appear
as a"two story'garage", and be back further than similar garages
in the neighborhood.
C. Administrative Staff Report:
Staff ineasurements show the house at 6595 Anoka Street to be
34 feet from the curbing. The actual setback is approximately
19 feet, which cannot be determined without a survey. Staff
recommends that if approved, this request could be wor�ed to
state that the granted variance not be so interpreied as to
allow the garage to be closer to the property line than the
house. Staff has no objection to this variance request.
,
P.GREEM�1`TMI'
�
J
I, - �� 5� , owner of the property
f
lacated at - / �f � �� .�.c�.��v, {�' �„ have no objection to the
�
Gity allowing thA constraction of a ��� ��l to be
�
located at �� `�,�'� ���- ':,_ �- ��,� without the required
certificate-of survey that the City ordinarily requires for all new
construction.
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Address
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Date
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FRIDLEY APPEAIS CUi�fISSION MEETING OF JUNE 15� 197b - PAGE 1�
Mr. Holden said another questian he had was in regaxd to fencing in the fron
yard� and Mrs. Sporre said they did not intend to fence it in but did inte to
plant trees. Mrs. Wahlberg asked �.f there were an,y easements through the ront
'bl kd'f
of the lat, and Mrs. Sporre sald there were none. Mrs. G� e as e i s.
Sporre would obtain a building permit before the Council meeting, an she answered
she would. Mr. Kemper asked if there was anyone in disagreement ' h what the
Sporres wanti�,d to do, and there was no response.
t
MOTION by Kempe�, seconded by Gabe1, to approve the request or variance with
the following stipulations:
1. The building permit be applied for..
2. The fees associated with the appeais
3. The individuals within 200 feet of
be notified in writing of the hea,�'
June 21, 1976. �
!�. The building be kept in
dure be paid.
property that have not responded
before the City Council on
-site with the other homes.
5. The Staff research the evious court case and prepare a recommendation
for the Council.
6. This request appe on the Council a�enda at its next meeting.
Mr. Holden asked if it w ld be irregular to ask the petitioner to get the signa-
tures, because if the tice was mailed out there might not be enough response
time. Chairperson �1•7 lberg said tnat was her point--that they receive formal
notice so they wou have the opportunity to voice their objections. She said
this would he fa owi.ng the code which states they shall be notified.
t3pon a voice �te, a11 voting aye, the mation carried unanimously.
Mrs. Sporr asked if this interpretation would apply to the other l.ot a1so, and
Chairper n Wahlberg said it wo�zld not, and that if ihey intended to build on tne
other l varying from the setback of 35' �hey would need another request for
� vari e.
rir�Kemper said that he would like to go on record that he thought the City
Council was out of line in pushixig this on the Board of Appeals on this short
notice, and Mrs. ('sabel agreed,
2. A REQUEST FOR A VARIANCE OF: SECTION 205.053, 5�, FRIDLEY CITY CODE� TO RIDUCE
THE SIDE YARD SETBACK OF A DETACHED GAR.IIGE WHICH OPEiVS OiV A SiDE STREET FR4M
THE REQUlRED 25 FEET TO 19 FEET, TO ALI,OW THE CONSTRUCTION OF A DETACHED GAR.AGE,
TO BE LO�ATID ON LOTS 29 AND 30, $IACK 5� OAK GROVE ADDITION, TnE 5AME �3EINt�
b595 ANQKA STREET N.E., FR.IDLEY, PSINNESOTA. (RERUEST BY I�iR. RAY JANEY, 6595
ANOKA STREET, N.E., FRtDLEY, MINNESOTA 55�32.)
MOT10N by Barna� seconded by Gabel� to open the public hearing. Upon a voice
vate� all voting aye, the motion carried unanimously.
�„'�_ .�,
FRIDLEY APPEALS COMMISSION MEETINU OF JUNE 15� 1976 - PAUE 5
ADMINISTRATIVE STAFF REPORT
A. Public Purpose Served by Requirement: Section 205.053, !t� B, & s� B, corner
lot side yard setback of 25� for a detached garage.
Public purpose served by this section is to allow for off-street par�cing
without encraaching on the public right-of-way. Also the aesthetic consider-
ation of the neighborhood to reduce the building line-of-site encroachment
into the neighbor's front yard.
B. Stated Hardship: The f�ll 25 ft. setback would require additional fill,
appear as a"two-story gaxage", and be back further than sir:iilar garages
in the neighborhood.
C. Administrative Staff Report: Staff ineasurements show the house at 6�95
Anoka Street to be 3�t feet from the curbing. The actual setback is approx-
imately 19 feet, which cannot be determined without a survey. Staff
recommends that if approved, this request could be worded to state that
the granted variance not be so interpreted as to allow the garage to be
closer to the property line than the house. Staff has no objection to this
variance request.
Mr. and Mrs. Janey approached the Board, and Mr. Janey said he thou�'�t there
was an error in the request for variance. He stated that it said 19', and that
would make it two feet beyond the side of his house, and he wanted it enen with
the �:ide of his house. Mr. Holden said the reason it was stated that way was
because they didn't have a survey of the lot.
�Sr. Kemper asked if he was indicating the request should read from 25 feet to
17 feet� and Mr. Janey replied that was correct.
Mr. Holden said that what was most important as far as Staff was concerned
was that the garage nat be any closer to the lot line than the house was. He
explained that the house was about 3�t' from the curb, and A1r. Janey wanted to
line up the garage with the house.
Mr. Janey stated that their back yard dropped off considerably in the rear�
so if the variance was not granted they would need quite a bit of fill and it
would also make the garage look like a two-story structure.
Chairperson Wahlberg asked if they wanted to place the site line of the garage
to match with the house itself, and rir. Janey replied they did and that all the
gaxages in the area are in line with their houses. I�4rs. Gabel noted that they
already had a tuck-under garage, and Mr. Janey said this would be converted
into living area. T1r. Janey stated the garage would be built by Western Construction�
and would. be a double garage.
Chairperson Wahlberg noted that a letter had been received from the adjacent
neighbor, Jean Long, stating that she had no objection to the construction of
a detached garage at 6595 �oka Street.
MOTION by Barna, seconded by Plemel� to close the public hearing. Upon a voice
vote� all voting aye, the motion carried unanimously.
�
FRIDLEY APY� ALS COT�fA'iISSION MEE`I'INti qF .,�liJE 15� 1976 - PAGE 6
Mrs. Gabel stated that thi.s seemed like a r�asonable request since setting it
back 25' ��ould require additional fill and expense.
MOTION by Gabel, seconded by Barna, to approve the request for variance with the
stipulati.an that the garage be no closer to the property line than the house is.
Upon a voice vote� a13 vating aye, the motion carried unanimously.
DISCUSSION ON TAPE OF THE CITY COUNCIL MEETINC� OF MAY 3„=, 1976 ON !�0' LOTS:
"he Appeals Commission listened to the tape of the City Council Meeting of May 3,
1 conc�rning f'orty foot lots, which ran approximately !�2 minutes.
Chairpe ^on Wahlberg commented that it was stated several times in the tape
that lots hould be �!�' - 1�6�. She said it had also been pointed out tha� if
buildir.g was ot permitted on 40' lots, the city would lose taxes on that
property that uld have to be taken up through industry or commerce. Mr.
Plemel sai.d he w ld I.ike to see the building of smaller homes for less money
on these lots.
Chairperson Wahlberg a ed if anything had been decided on whether or nat a garage
was required on less th a 60� lo�, and Mr. Holden said no garage was required
on any lot less than 9,ODU quare f'eet. Mrs. t�abel said she took this to the
Planning Co.mmission and the an kesources and Community Developmerlt Gommissions
s aid tney w�uld handle it� but vironmental did not want it.
Mr. Plemel said he felt if a lot �ra big enough far a house, it shoul.d be big
enough f�r at least a single car gara e. Mr. Barna said he felt it should have
either a garage or a suitable storage a ea. Mrs. Gabel stated that this point
had come up at the last Planning Commissi n meeting with reference to street
w�.dths, a.nd that a garage was a valuable t'ng to have.
Chairperson Wahlberg said t;hat the point was t t if a home was built without
a garage� they had no way of knowing if the pote tial owner would have one, two
or three cars, plus bicycles, snowmobiles, bosts, te. She stated that the
�.esthetic value of eliminating that pollution was ' ortant.
Mrs. Wahlberg stated thai the problem with Mr. Villella lot split was that
it appeared to her that the Council did not have a true s rvey in front of ihem
that night and didn't know how far acaay the garage was fro the lot line. She
said that if they were to require people to buy additional 1 d along side their
lot' they may be creating non-conforming use of the adjacent p perty. Mrs.
Wahlberg said the other thing she was a little disappointed in s that Council-
person KukoEaski asked only one question as far as she could dete ' e, and yet
she voted against it. Pirs. Wahlberg also added that Mayor Nee had aid he had
no real problems with this, but yet he voted against it also.
Mr. Holden said that he felt what had been done in essence was delay he solving
of the prablem by adding an additional five feet, which created an add'tional
hurdle for the petitioner to go over.
Chairperson Wahlberg said that each of the subcommissions that had handled 't,
and the Planning Commission, had concurred that building should be allowed o '
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