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MOTION by Councilman Billin o receive the minutes of the
Planning Commission meet of May 12, 1993. Seconded by
Councilman Schneider. on a voice vote, all voting aye, Mayor Nee
declared the motion rried unanimously.
8. RECEIVE ITEMS FROM THE APPEALS COMMISSION MEETING OF MAY 18
1993•
A. VARIANCE REOUEST. VAR #93-06, BY DAN SAMPSON TO REDUCE THE
10 FEET TO 9.5_FEET, GENERALLY LOCATED AT 6209 BAKER AVENUE
.E.• -
Ms. Dacy, Community Development Director, stated that the
petitioner, Mr. Sampson, notified staff today by phone that he has
purchased another home in Fridley, and he wishes to withdraw this
application.
MOTION by Councilwoman Jorgenson to receive the report from the
Community Development Director regarding the request by the
petitioner for withdrawal of this variance. Seconded by Councilman
Schneider. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
b. VARIANCE REOUEST. VAR.#93-07, BY BRADLEY AND JULIE DUNHAM TO
GENERALLY LOCATED AT 1427 NORTH DANUBE ROAD N.E.:
Ms. Dacy, Community Development Director, stated tha his variance
is to reduce the side yard setback for living are from 10 feet to
6.3 feet. She stated that there is an existin ingle family home
on this property with an attached garage. T petitioner wants to
convert the area above the garage to a wa -in closet.
Ms. Dacy stated that the Appeals
of this variance by a 4 to 1 vote
Councilman Schneider quest
installed. ,
sion recommended approval
if a fire wall needed to be
Ms. Dacy stated that s was informed by Clyde Wiley, Mechanical
Building Inspector, t t a fire wall is only required within three
feet of the lot lin .
MOTION by Counc' man Schneider to concur with the recommendation
of the Appeal Commission and grant Variance Request, VAR #93-07.
Seconded by ouncilwoman Jorgenson.
Council Billings felt that once this area becomes living space,
it cou be remodeled with bedroom space without coming back to the
Counc 1. He stated that he does not have a real objection to the
�'�`, -''�
FRIDLEY CITY CO�NCIL MEETING OF JIINS 7. 1993 PAGE 13
C. RESOLUTION NO. 39 -
GENERALLY LOCATED AT 1601 RICE CREEK ROAD N.E.:
Ms. Dacy, Community Development Director, stated that is a
1.7 acre parcel located on the north side of Rice Creek ad and
zoned R-1. She stated that the property owner would like to
subdivide this property into three parcels. She stated at there
are several structures on the property, and Parcel would be
occupied by the existing home. She stated that t petitioner
intends to remove the older home and accessory build' gs. Ms. Dacy
stated that she understands these structures ha already been
removed; therefore, this stipulation can be dele ed.
Ms. Dacy stated that the Planning Co 'ssion unanimously
recommended approval of this lot split reque .
Councilman Schneider asked the petitioner if she had any problem
with the stipulations. .
Ms . Egan stated that the older structur s have been removed and the
property leveled.
MOTION by Councilman Schneider to dopt Resolution No. 39-1993,
with the following stipulations a ached as Exhibit A: (1) a park
dedication fee of $750.00 per lot or Parcels B and C shall be paid
at the issuance of a building p it; (2) one driveway per parcel
shall be permitted; (3) a perm' shall be obtained from the County
prior to work commencing in th County right-of-way to install curb
cuts and driveways; (4) sewe and water service shall be provided
to Parcel C; and (5) if det ined by the City, a conservation plan
and fees shall be submitt d prior to the issuance of a building
permit. Seconded by Cou cilwoman Jorgenson. Upon a voice vote,
all voting aye, Mayor Ne declared the motion carried unanimously.
�
MOTIOAI by Counc' man Schneider to set the public hearing on this
vacation reque t, SAV #93-02, for June 21, 1993. Seconded by
Councilwoman raenson.
Since Counc' man Schneider will not be present at the next Council
meeting, t e above motion was withdrawn by Councilman Schneider,
with the ermission of the seconder, Councilwoman Jorgenson.
MOTION y Councilman Schneider to set the public hearing on this
vacat' n request, SAV #93-02, for July 6, 1993. Seconded by
Coun lwoman Jorgenson. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously.
R �
REQUEST
Permit Number
applicarrt
Proposed
Request
Location
SITE DATA
size
Dens'rty
Present Zoning
Present Land Use(s)
Adjacent
Zoning
Adjacent Land Use(s)
Utilities
Park Dedication
Watershed District
�NALYSIS
Fin ancial I mplications
Conformance to the
Comprehensive Plan
Compatibility with Adjacent
Zoning and Uses
' Environmental
Considerations
RECONIlVIENDAI'ION
Staff
Appeals Commission
Planning Commission
Attthor �ls
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S TAFF REP O RT
Community Development Department
Appeals Commission Date May 18, 1993
Planning Commission Date
City Council Date June 7, 1993
V1�R #93-06
Dan Sampson
To reduae the sicls yard setback fx�n 10 fe�t to 9.5 feet and
to reduc�e the sid,e comer setback firom 17.5 feet to 7 feet
6209 Baker Avenue N.E.
13,500 sq. ft.
I�-1, Single Family Dwelling
l�s2c�nti.al
1�1, Single F'amily Dwelling to the W& N; C-3, General Shopping
to the E; 1�3, General Multiple Family to the S
Resiclential to tYle W& N: Cc�urercial to the E: Church to the S
Rice Creek
�ee Staff Update
� ol
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Staff Report
VAR #93-06, 6209 Baker Avenue N.E., Dan Sampson
Page 1
A. STATED HARDSHIP:
1. "Build closer to lot line - avoid using yard."
2. "Convert existing garage to bedroom - I have 9 ft. 6 in.
of space."
B. ADMINISTRATIVE STAFF REVIEW:
Request
The petitioner is requesting that two variances be granted:
1. To reduce the side yard setback from 10 feet to 9.5 feet;
2. To reduce the side corner setback from 17.5 feet to 7
feet.
The request is for Lot 6, Block 1, Moore Lake Highlands 4th
Addition, generally located at 6209 Baker Avenue N.E.
Site
Located on the property is a single family dwelling unit with
an attached single car garage. To the rear of the garage is
an enclosed porch. The property is zoned R-1, Single Family
Dwelling. There is additional R-1 zoning to the north and
west; C-3, General Shopping Center district, to the east; and
R-3, General Multiple Family Dwelling district, to the south.
Analysis
Side Yard
Section 205.07.03.D.�2).(a) requires a side yard setback of
10 feet between any living area and side property line.
Public purpose served by this requirement is to maintain a
minimum of 20 feet between living areas in adjacent structures
and 15 feet between garages and living areas in adjacent
structures to reduce the possibility of fire and to allow for
aesthetically pleasing open areas around residential
structures.
The petitioner is proposing to aonvert the existing single car
garage to additional living area. The garage is located 9.5
feet from the side lot line. The conversion of the garage to
living area will not have an adverse impact on the adjacent
� �
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Staff Report
VAR #93-06, 6209 Baker Avenue N.E., Dan Sampson
Page 2
property. The dwelling to the north is constructed at the
minimum 10 feet. The petitioner will be required to remove
the existing driveway and replace the curb cut with B-618 curb
and gutter. The conversion will need to be substantially
completed prior to construction of the detached accessory
structure.
Recommendation
Staff has no recommendation regarding the side yard variance
request.
Analysis
8ide Corner 8etback
Section 205.07.03.D. (2) .(o) .((1) ) requires that the side yard
setback on the street side of a corner lot shall not be less
than 17 1/2 feet.
Public purpose served by this requirement is to maintain a
higher degree of traffic visibility and to reduce the "line
of sight" encroachment into the neighbor's front yard.
The petitioner is proposing to construat a detached two-car
garage, 24 ft. by 24 ft., in the southeast corner of the
property. The petitioner requests that the side corner
setback be reduced from 17.5 feet to 7 feet. There is
adequate area on the property for the petitioner to meet the
17.5 foot setback. The garage could be moved 10 feet to the
north without taking up a large amount of the year yard. If
the garage is constructed at the required setback, the grading
necessary to traverse the slope adjacent to West Moore Lake
Drive would be minimal. In addition, the petitioner would not
need to fill the rear yard prior to construction of the
detached accessory structure.
If the variance is granted for the detached accessory
structure, the petitioner will need to submit a grading and
drainage plan showing how the existing drainage on site will
be maintained. Water drains from the northwest to the
southeast corners of the property. The location of the
proposed driveway will impact the existing drainage, and a
pipe may need to be installed under the proposed driveway.
The petitioner will also be required to replace the sidewalk
and install the required curb cut on West Moore Lake Drive.
: �
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Staff Report
VAR #93-06, 6209
Page 3
�f"`,
�
Baker Avenue N.E., Dan Sampson
Recommendation
The petitioner can meet the required setback of 17.5 feet;
therefore, staff recommends that the Appeals Commission deny
the variance request.
If the Appeals Commission votes to approve the variance
request, staff recommends the following stipulations:
1.
2.
3.
4.
5.
The petitioner shall submit a grading and drainage plan.
The petitioner shall remove the existing driveway.
The petitioner shall replace the curb cut on Baker Avenue
with B-618 concrete curb and gutter.
The conversion of the existing garage shall be
substantially complete prior to construction of the new
garage.
A hard surface driveway shall be installed for the new
accessory structure by June 1, 1994.
Appeals Commission Action
The Appeals Commission voted 5-0 to recommend approval to the
City Council of the request to reduce the side yard setback
from 10 feet to 9.5 feet with two stipulations:
1.
2.
The petitioner shall remove the existing driveway.
The petitioner shall replace the curb cut on Baker Avenue
with B-618 concrete curb and gutter.
The Appeals Commission voted 5-0 to recommend denial to the
City Council of the request to reduce the side corner setback
from 17.5 feet to 7 feet.
Citv Council Recommendation
Staff recommends that the City Council concur with the Appeals
Commission's action.
��
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� C] Community Development Department
C--� PL�NG D�SION
City of Fridley
DATE: June 3, 1993 w
� �8
TO: William Burns, City Manager �, ��
FROM: Barbara Dacy, Community Development Director
Michele McPherson, Planning Assistant
SU&TECT: Variance Request, VAR #93-06, by Dan Sampson;
6209 Baker Avenue N.E.
The petitioner is requesting two variances: 1) to reduce the side
yard setback from 10 feet to 9.5 feet to convert and existing
garage to living space, and 2) to reduce the side corner setback
from 17.5 feet to 7 feet in order to construct a detached accessory
structure. The Appeals Commission voted 5-U to recommend approval=
to the City Council of the request to reduce the side yard setback
from 10 feet to 9.5 feet with two stipulations:
1. The petitioner shall remove the existing driveway.
2. The petitioner shall replace the curb cut on Baker Avenue with
B618 concrete curb and gutter.
The Appeals Commission voted 5-0 to recommend denial to the City
Council of the request to reduce the side corner setback from 17.5
feet to 7 feet.
Staff recommends that the City Council concur with the Appeals
Commission recommendation.
MM/dn
M-93-308
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be tabled until the June 1, �993, meeting to give him more time to
evaluate the issues involved.�
MOTION by Mr. Kuechle, second�
request, VAR #93-08, by Walter
IIPON A VOICE VOTE, ALL VOTING AYE
MOTION CARRIED IINANIMOIISLY.
2.
by Ms. Smith, to table variance
uer.
CHAIRPERBON SAVAGE DECLARED THE
e r�rncn*r .
Per Section 205.07.03.D.(2j.{c).((3)) of the Fridley Zoning
Code, to reduce the side yard setback on a corner lot from 25
feet to 10 feet to allow the construction of a three-car
garage on Lot 1, Block 3, Rice Creek Terrace 2nd Addi.tion,
the same being 392 - 66th Avenue N.E.
MOTION by Dr. Vos, seconded by Ms. Beaulieu, to waive the reading
of the public hearing notice and open the public hearing.
IIPON A VOICE VOTE� AI,L VOTING AYE� CHAIRPERSON SAPAGE DECLARED THE
MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 7:35 P.M.
Ms. McPherson stated the property is located at the intersection
of Baker Avenue and West Moore Lake Drive. The property is zoned
R-1, Single Family Dwelling. There is C-3, General Shopping
District, to the east, and R-3, General Multiple Family Dwelling,
to the south. St. Philip's Lutheran Church is located directly
south of the subject parcel.
Ms. McPherson stated the petitioner is requesting two variances:
1.
2.
To reduce the side yard setback from 10 feet to 9.5 feet;
To reduce the side corner setback from 17.5 feet to 7
feet.
Ms. McPherson stated a single family dwelling unit, with an attached
single car garage is located on the property. The petitioner is
proposing that the single car garage be converted to living space.
The required setback between living area and a side lot line is 10
feet. The petitioner is requesting a variance for one-half foot,
which will not adversely impact the distance between the two
dwelling units. The dwelling to the north appears to be located
at the 10 foot setback requirement.
Ms. McPherson stated that if the variance is granted, the
petitioner will be required to remove the existing driveway and to
replace the existing curb cut with B-618 curb and gutter along
Baker Avenue. .
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APPEALB COMMISSION MEETING, MAY 18, 1993 PAGE 3
Ms. McPherson stated staff has no recommendation regarding the side
- �'yard variance request.
Ms. McPherson stated that regarding the side corner setback, the
petitioner is proposing to construct a new detached accessory
structure in the southeast corner of the property. The petitioner
is proposing to face the opening of the garage to the west,
creating a 90 degree access point onto West Moore Lake Drive.
There is quite a bit of grade change between the edge of the
sidewalk along West Moore Lake Drive and the petitioner's property.
The petitioner has indicated that some filling will need to occur
in order to construct the detached accessory structure.
Ms. McPherson stated that she and Scott Erickson, Assistant Public
Works Director, viewed the property. It appears that the current
drainage pattern is from the northwest to the southeast, and that
the location of the accessory structure may adversely impact the
natural drainage. Some type of pipe may need to be installed under
the driveway in order to facilitate drainage to this particular
corner of the property.
Ms. McPherson stated that staff recommends that the Commission
recommend denial of the side corner setback variance. The
petitioner has adequate room on the property to construct the
garage so it conforms to the ordinance requirements and still not
adversely impact the available space in the rear yard.
Ms. McPherson stated that if the Commission recommends approval of
this variance request, staff recommends the following stipulations:
1. The petitioner shall submit a grading and drainage plan.
2. The petitioner shall remove the existing driveway.
3. The petitioner shall replace the curb cut on Baker Avenue
with B-618 concrete curb and gutter.
4. The conversion of the existing garage shall be
substantially complete prior to construction of the new
garage.
5. A hard surface driveway shall be installed for the new
accessory structure by June 1, 1994.
Ms. Savage asked if a permit is required from the Rice Creek
Watershed District.
Ms. McPherson stated it would be prudent for the petitioner to
contact the Rice Creek Watershed District.
Ms. Smith asked that if the petitioner builds the garage and meets
the setback requirements, is a drainage plan still required?
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APPEAI,S COMMI88ION MEETIN(3 MAY 18 1993 PAGE 4
Ms. McPherson stated that no matter where the qaraqe is placed on
the property, some type of drainage plan should be provided,
especially if fill is required.
Ms. Savage asked the petitioner about the possibility of moving
the detached garage so that a variance is not needed.
Mr. Dan Sampson stated he is trying to keep his yard intact. The
reason for building the garage closer to West Moore Lake Drive was
to avoid wasting yard space. He certainly realized that he had
plenty of room to build the garage elsewhere on the property
without a setback variance.
Ms. Savage asked about the petitioner's hardship.
Mr. Sampson stated there is no hardship other than space
management. He stated West Moore Lake Drive is much higher than
his yard, so a lot of fill will be needed in the southeast corner.
Ms. Savage stated that having a single car garage is a hardship.
Ms. Savage asked the petitioner what he would do if the side corner
setback is denied.
Mr. Sampson stated he will build the garage within the Code
requirements.
Dr. Vos stated there is a pretty steep slope from West Moore Lake
Drive to the location where the garage is proposed. If the garage
is moved farther to the north, there will be less slope. There is
a lot of room in the yard, and the garage could even be put right
up by the house.
MOTION by Ms. Smith, seconded by Ms. Beaulieu, to close the public
hearing.
IIPON A VOICE VOTS, ALL VOTING AYE, CHAIRPERSON SAVAGE DTCLARED THE
MOTION CARRIED AND THE pIIBLIC HEARING CL03ED AT 7:50 P.M.
Dr. Vos stated the side yard setback from 10 feet to 9 1/2 feet is
certainly a reasonable request due to the conversion of a single
car garage into living quarters. He did not see any hardship for
the side corner setback variance, and he would recommend denial of
that variance.
Ms. Smith stated the public purpose of the side corner setback is
to maintain a line of sight, and the garage where proposed would
not create any line of sight problems. She is not sure if she
would recommend denial.
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APPEAL3 COIaIIrlISSION MEETING MAY 18 1993 PAGE 5
Mr. Ruechle stated that the garage as proposed would not impede
the sight lines, but it would definitely give the feeling of some
crowdinq on the lot. He would recommend denial of the side corner
setback from 17.5 feet to 7 feet.
MOTION by Mr. Kuechle, seconded by Dr. Vos, to recommend to City
Council denial of variance request, VAR #93-06, by Dan Sampson,
per Section 205.07.03.D.(2).(cj.((1)j of the Fridley Zoning Code,
to reduce the side yard setback on the corner side of a corner lot
from 17.5 feet to 7�eet to allow the construction of a detached
accessory structure on Lot 6, Block l, Moore Lake Highlands 4th
Addition, the same being 6209 Baker Avenue N.E.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE
MOTION CARRIED IINANIMOIISLY.
MOTION by Ms. Smith, seconded by Mr. Beaulieu, to approve varianee
request, VAR #93-06, by Dan Sampson, per Section 205.07.03.D.(2).
(a) of the Fridley Zoning Code, to reduce the side yard setback
from 10 feet to 9.5 feet to allow the conversion of accessory space
to living space, on Lot 6, Block 1, Moore Lake Highlands 4th
Addition, the same being 6209 Baker Avenue N.E., with the following
stipulations:
1. The petitioner shall remove the existing driveway.
2. The petitioner shall replace the curb cut on Baker Avenue
with B-618 concrete curb and gutter.
IIPON A VOICE VOTE� ALL VOTING AYE� CHAIRPLRSON BAVAGE DECLARED THE
MOTION CARRIED IINANIMOIISLY.
Ms. McPherson stated this variance request will go to City Council
on June 7, 1993.
3. CONSIDERATION OF VARIANCE REOUEST VAR #93-07 BY BRADLEY &
JULIE DUNHAM•
Per Section 205.07.03.D.(2).(a) of the Fridley Zoning Code,
to reduce the side yard setback from 10 feet to 6.3 feet to
allow the construction of storage space on Lot 8, Block 3,
Innsbruck North Addition, the same being 1427 North Danube
Road N.E.
MOTION by Ms. Beaulieu, seconded by Dr. Vos, to waive the reading
of the public hearing notice and open the public hearing.
IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON 3APAGE DECLARED THE
MOTION CARRIED AND T8E PIIBLIC HEARING OPEN AT 7:55 P.M.
Ms. McPherson stated the property is located at 1427 North Danube
Road. The property is zoned R-1, Single Family Dwelling, as are
�
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PIIBLIC HEARING
BEFORE THE
APPEALS COMMISSION
�
Notice is hereby given that the Appeals Commission of the City of
Fridley will conduct a Public Hearing at the Fridley Municipal
Center at 6431 University Avenue N.E. on Tuesday, May 18, 1993, at
7:30 p.m. for the purpose of:
Consideration of variance request, VAR #93-06,
by Dan Sampson:
Per Section 205.07.03.D.(2).(c).((1)) of the
Fridley Zoning Code, to reduce the side yard
setback on the corner side of a corner lot from
17.5 feet to 7 feet to allow the construction
of a detached accessory structure; and
Per Section 205.07.03.D.(2).(a) of the Fridley
Zoning Code, to reduce the side yard setback
from 10 feet to 9.5 feet to allow the
conversion of accessory space to living space;
on Lot 6, Block 1, Moore Lake Highlands 4th
Addition, the same being 6209 Baker Avenue
N.E., Fridley, Minnesota, 55432.
Any and all persons desiring to be heard shall be given the
opportunity at the above stated time and place.
DIANE SAVAGE
CHAIRPERSON
APPEALS COMMISSION
Any questions related to this item may be referred to the Fridley
Community Development Department, 571-3450.
Hearing impaired persons planning to attend who need an interpreter
or other persons with disabilities who require auxiliary aids
should contact Roberta Collins at 572-3500 no later than May 11,
1993.
� #93-06
6209 Baker A�n� N.E. , DE.�ampsori
MAILING T,TST
l�an SampsOri ��an� �1
6209 Baker Z-�venue N.E. 6229 Baker Avenue N.E.
�'ridley, 1+�V 55432 Fridley, N�i 55432
Dou.glas Blase
6264 Baker Av�n� N.E.
Fridley, N�.�T 55432
Tiirothy Ekl�d
6250 Baker Avenue N.E.
Fridley, NA�T 55432
Judith Blanc hard
6220 Baker Avent� N.E.
Fridley, N.4�T 55432
Gregg Hebeisen
6200 Baker Avenue N.E.
Fridley, N�T 55432
Curtis Hebeisen
901 West Moore Lake Drive
Fridley, MI�T 55432
Da.v:id Blank .
6213 Able Street N.E.
Fridley, NAT 55432
Donald Barravs
6225 Able Street N.E.
Friclley, N�T 55432
Fob�rt Gt�lker
6239 Baker Avenue N.E.
Fridley, ML�T �5432
Stan Carlson
6219 B�ker Avenue N.E.
Fridley, N�T 55432
Ibnald Savelkoul
916 West Moore Lake Drive
Fridley, r�T 55432
Tn]ayne i3ans�
900 West Moore Iake Drive
Fridley, N.�T 55432
Margaret Briclaier.'.
6249 Ber�. Nbore Drive
Fridley, MML�TT 55432
n Nlailed 5/7/93
St. Phillips Lutheran (�.urc�.
6180 Highway 65 N.E.
Fridley, N.�T 55432
Diane Savage
567 Rice Creek 'Perrac;e
Fridley, MI�TT. 55432
City Council
City Manager
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� : COMN��SSION .APPLICA� (ON REVIEW� �
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� Fu� Nu� �� uare �riN� onr� fILE DESCRlPT10N -, _�#93-06
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. 20 4-28-93 5-18-93 __-�ZQ9_ Baker Avenue
FRIDLEY � _ _ .
COMPLETE REVIEW CHECKLIST AND RETURN TO PLANNING DEPT.
D.
M. � ��;�
COMMENTS
SCOTT E. . � �
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JOHIV F: ���
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CLYDE M.S� �
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JIM H. s �
CHUCK M.
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CITY OF FRIDLEY
6431 UNIVERSITy AVENUE N.E.
FRIDLEY, MN 55432
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(612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT
VARIANCE APPLICATION FORM
PROPERTY INFORMATION - site plan required for submittal; see attached
Address: �� � � �� ,� �,� � �
Property Identification Number (PIN)
Legal description: _
I.ot �
�i�� � Tract/Addition
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Current zoning: �Z2 Square foota.ge/acreage v
Reason for variance �,nd hazdship:' ���` � �/����. f� /„�,F �y�,��'cf � �;,�� ��
Section of City Code:
Have you operated a business in a ciry which required a business license?
Yes No If yes, which city?
If yes, what rype of business�
Was that license ever denied or revoked? Yes __ No
...... �.,,. �....�..,. N. a..�.,�.. n.,.. a.,
�EE OWNER INFORMATION (as it appears on the property title) �^
(Contract Purchasers: Fee Owners must sign this form prior to processing)
NAME _,�'�- ,� � �r� � � � �
ADDRESS_ �7� O GI � � �°,� �� �c
.��-�' �� �� ��'¢3 � DAYTIME PHONE_,���- ��3a�
SIGNATURE , �, � DATE � �� O93
PETITIONER INFORMATION ��~ � �
NAME
ADDRESS
DAYTIME PHONE
SIGNATURE DATE
� � �� �
Fee: $100.00 $ 60.00
Permit VAR #� ��(p
Applicarion received by:
Scheduled Appea.ls Commission da.te: ,
Scheduled City Council date:
for residential propernes
Receipt # � i � (
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/"� i'� Dan Sampson
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Baker Street
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///_ 8
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SITE PLAN
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135