AF-V - 35564�
STATE OF ��1INNESOTA
CITY OF FRIDLEY
Z �x �as"39 �
APPEALS COM'1ISSION PROCEEDINGS
In the Matter of a variance request located on Lot 10,
Block 2, Blomberg Estates, the same being 7628
Brigadoon Place N.E.
Leonard Rence , Owner
������
YARIANCE
The above entitled matter came before the Appeals Conmiission of the City of Fridley
and was heard on on the 23rd day of Jul , 19 85 , on a petition
for a variance pursuant to�iLy of Fri ey s aning r inance�or the
following described property: ,
To recuce the side yard setback from five feet to two feet to allow
the exisitng deck to remain on Lot 10, Block 2, Blomberg Estates,
the same being 7628 Brigadoon Place N.E.
IT IS ORDERED that a variance be granted as upon the following conditions or
reasons:
See Appeals minutes of July 23, 1985.
STATE OF MINNESOTA
CQUPdTY OE ANOKA
CITY OF FRIDLEY
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OFFICE OF THE CITY CLERK
I, Sidney C. Inman, City C�erk for the City of Friley with and in for said City
of Fridley, do hereby certify that I have compared the foregoing copy and Order
granting a variance with the original �ecord thereof preserved in my office, and
hve found the sam� to be a correct and true transcript of the whole thereof.
IN TESTIMONY WHEREOF, I have hereunto subscri � my hand at the ity of Fridley,
Minnesota, in the County of Anoka on the � day of %� `' � 19�•
ORAFTED BY:
City of FridleY � � �': �� '� ,' ,��
6431 Uni versi ty Avenue N. E. �°. °'`' }���
Fridley, MN 55432 SIONEY C. t N, CITY CLERK �'�-�" °'�
�,Y..:
Variances are valid for a period of one year following approval and shal1abe,; _ ''-;�'
cons i dered voi d i f not used wi thi n that peri od. �_: P �' ' ��``�
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APPEALS C0��IMISSIO�� MEETING, JULY 23, 1985 PAGE 7
Ms. Gabel stated she felt this plan was not very well put together. She
would suggest Mr. Taylor talk to Mr. Lindahl again to see if Mr. Linda
would be willing to combine the parcels and then come back v+hen the an is
more put together. She stated it was her opinion there were too m y
variances. When there is a piece of property that needs all the variances
including parking variances and a large increase in lot cover e, that says
something is wrong with the piece of property. She stated was an excessive
lot coverage variance. If the Appeals Corrrnission were to pprove soroething
like this, they would o�ly cr�ate more problems. Combi ng both parcels into
one tax parcel would eliminate a lot of problems.
Mr. Taylor stated he would be willing to have th Appeals Corrmission table the
iten in c�rder for him to go �ack and talk to t pztitlnner.
MOTIOti BY MS. GEROU, SECOhDED BY MR. BARN , TD TABLE TNIS VARIANCE REQUEST.
UPON A VOICE VOTE, ALL VOTING AYE, C RPERSON GABEL DECLARED THE MOTIOh
CARRIED UNA9IMDUSLY.
4. VARIAPdCE RE UEST PURSUANT TO C PTER 214 OF THE FRIDLEY CITY CODE TO INCREASE
� i-
. Naui, rtry� 55ib4�.
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rcin nr��r vr JGI.IIVI`I ci� i-�v� R�LY�
ues y o n onson, , treet,
MOTION MR. BARI�'A, SECONDED BY MS. GEROU, TO TABLE THIS ITEM UNTIL THE
AUG. TN APPEALS COMMISSION MEETING AT TXE REQUEST OF THE PETITIONER.
i�ON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE MOTION
CARRIED UNA.� IMOUSLY.
5. VARIANCE REQUEST PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY CODE TO REDUCE
SI E
EMAI N ON T 0. K. .�B G S 5. I t�
.E, (Request by Leonard Kence, l6Z8 Brigadoon Place N.t., Fridley,
�. --- -----
MOTIO:� BY MS. GEROU, SECONDED BY 1NR. PLEMEL, TO OPEh THE PUBLIC HEA.RING,
UPG� A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON B.rsBEL DECLARED THE PUBLIC
XEARII�G OPE� AT 8:39 P.M.
Chairperson Gabel read the Administrative Staff Report:
0
APPEALS COt1MI5SI0N MEETING, JULY 23, 1985 PAGE 8
�
ADMINISTRATIVE STAFF REPORT
7628 Brigadoon Place N.E.
A. PUBLIC PURPQSE SERVED BY REQUIRF]MENT:
Section 205.07,3D.2a requires a side yard of five (5) feet between an
attached accessory �uslding or use and side pro�erty lines.
Public purpose served by this requirement is to provide space between
individual structures to reduce conflagration of fire, to provide access
to the rear yard for emergencies and to limit the congestion of crowding
� � �he �e�i d�nti a1- n�i ghborho��. __ .
B. STAiEO HARDSHIP:
"Rerr�vy�g of deck fro� sai � p��per�ty ►���� d�ecrease the val ue of t�e
house and char�ge th� appearance of the said property."
C. ADh1IWISTRATIVE STAFF REVIEW:
The deck is existing. It is about 30" from the ground (see City letter
dated 4-11-85). If the Board approves this request, we have one stipu-
lation to make, that it be understood that the deck can never be enclosed
or converted into a three-season or other living space.
Mr, t�loravetz stated staff had no objection to the variance, ather than the
stipulatian mentioned in the staff report.
Mrs. Leonard Rence stated that when they purchased the house, the deck was
already on the house, but it was not very wide. They asked the contractor if
he could widen the deck 3 ft., and he did so. She stated they were not aware
the deck did not conform to code until they checked with the City when their
neighbor decided to put up a fence.
i�r. Re�ce stated none of their neighbors object t� �his variance.
MOTION BY 1�lR. BARNA, SECONDED BY 1NR. PLEMEL, � CIASE THE PUBLIC NEARING.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC
AEARING CLOSED AT 8:54 P.M.
Mr. Barna stated it was not actually the property owner's fault that the deck
was built as a non-conforming deck. That responsibility would go to the
developer and building contractor. This was not a self-imposed hardship,
and there was a definite hardship because the deck is existing. The actual
living area of the property to the north is at least 20 ft, from the property
line so as far as accessibility in case of fire, that should be more than
satisfactory. He stated he had no objection to the variance.
E
1
APPEALS COMMISSION MEETING, Jt1LY 23, 1985 PAGE 9
Ms. Gabel stated she had no objection to the variance. This was something
that was not done deliberately. It was definitely up to the contractor who
added on to the deck to check on the building code. She stated this was just
a matter of housecleaning to bring the deck into code conformance.
Ms. Gerou stated she was in favor of the variance.
Mr. Plemel stated that since there was no neighborhood objection, he would be
in favor of the variance.
MOTION BY MR. PLEMEL, SECONDED BY MR. BARNA� TO GRANT THE VARIANCE REQUEST
PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY CODE TO REDUCE TXE SIDE YARD
SETBACK FROM 5 FEET TO 2-FEET TO ALT.�ih'�. TXE EXISTI�I/G D£�IC T�" RE1+lAIla ON LOT 10 �
BLOCK 2, BLOMBERG ESTATES, THE SAME BEING 7628 BRIGADDON PLACE N.E., WITH TNE
STIPULATION THAT TXE DECK CAN NEVER BE ENCIASED OR CONVERTED IN TO A TNREE—
SEASON OR OTHER LIVING SPACE.
UPON A VOICE VOTE, ALL VOTING AYE, CXAIRPERSON GABEL DECLARED THE MOTIDN
CARRIED UNANIMOUSLY.
ADJOUR��MENT:
MOTION BY MS.GEROU, SECONDED BY MR. PLEMEL, TO ADJOURN TXE MEETING. UPON A VDICE
VOTE, ALL VOTING AYE, CXAIRPERSON GABEL DECLnRED THE JULY 23, 1985, APPEALS
. COMMISSION MEETING AA70URNED AT 9:00 P.Id.
Respectfully sub itted,
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yn a a
Recording Secretary `
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. • CITY OF FAIDLEY, SU9J�CT
�6431 LlNIVEFi51TY AVE. NE.
� FRIDLCY� MN. 55432 t6'127 571-34E0
VARIANCES
� a�.� �,
ADDRESS ,�'� rZ� � �� q�O�e� �f,�CC' �� � � DATE S -/-�S�
APPEALS COt�IISSION: APPROYED ;, DISAPPROVED ,_ DATE�,��M��,a �,�___�,� �,_�NO. �
CI7Y COUNCIL REVIEW: REQUIRED: �YES
CITY COUNCIL: APPROVED _,DISAPPROVED DATE N0.
STIPULATIONS: ���� �,�..1�.��� � ��r�`� ��.'�.�,����, � c �.�°' �.�� �'� ��,, �-`��
��"l!�.'��,���;'�.,� ������, �:,i� °��2 '-�_�,, �-� ��-� �.� � � L: ��,,����?
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�E �(� p,��2� a f ��,U �� _ FEE ��O.cJ� RECEIPT No.1� � �
� . LplT N0. BLOC____ K N0. TRACT OR ADDITION . .
LEGAL QESCRIPTION: �� � � '� — ��°�� � ������
YARIANCE�REQUEST(S): (Attach plat or survey of property showing building, variances,
� etc., where applicable)
To reduce the side yar.d setback from 5 feet to 2 feet to allow t6e existing deck
to remain.
Section(s) of the City Code: � .
L.ist specific hardship(s which re uires the variance(s): ����rd0�/�� ��.`'�
� ��� - � �'D � � �Q 2 c �.�s�- y6� �'a./�v�� �j r� r�s �
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OATE� � -��-�� � � SIGNATUR �'� .
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ADORESS
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TELEPHONE NO %�" ,%� �
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r��ar�c�s � FoR ciTr usE o�u.Y . `-�
Board �aembers notified of ioeeting by • � . Li�t rr�ea�,�r��
date notified. and •Yes" or `No" tor plans to attend heariny.
• Plan
Mame • • Oate'� To Attend
Gabel -
.
James P�l emel :
�_
Alex B�rna � . ,
Jean Gerou • . �
Donald Betzold � • �
Perso� reking appeal and the follouing p�operty o�mers having property within 200 feet =
notified: � .
� � - �y Wh,om
. _ Name . pate Phone or Mail Notified
...__ _.. - ..
- . . . . - • --�--
See Attached Sheet 7/12/85 f�ail sk
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Uariance
7628 Brigadoon Place
Leonard J. Rence
7628 Brigadoon Place
Fridley, MN 55432
Raymond E. Wil l iams.
7638 Brigadoon Place
Fridley, MN 55432
Dar.rell E. Zolnowsky
7650 Brigadoon Place
Fridley, MN 55432
James J. Krantz
�651 Arth.ur Street
F�^i dl ey; 1�N ' �55432� �
Jack G. Ki rk
7637 Arthur Street
Fridley, MN 55432
Joseph R. Murzyn
7625 Arthur Street
Fridley, MN 55432
Thomas H. Workinq
7613 Arthur Street
Fridley, MN 55432
Mailing List
Thomas Blomberg
961 Hillwind Road
Fridley, MN 55432
Dean Nl. Bodem
7563 Arihur Street
Fridley, MN 55432
Ruth F. �li tchel l
7570 Brigadoon Place
Fr�i dl ey, MN 55432
Gary B. Van Slyke
7�80 Brigadoon Place
Fridley, MN 55432
Harol d Ti.eden
7600: B.�i,��d�An .Qlace
'���� l ey�; •'7NN �� `.5'5`432 . '.�
Kenneth C. Olson
7614 Brigadoon Place
Fridley, 1�N 55432
Frank E. Biltonen
7615 Brigadoon Place
Fridley, MN 55432
David Sampson
76�� Brigadoon Place
Fridle�, MN 55432
Stephen R. Hrbacek
7675 Brigadoon Place
Fridley, MN 55432
Henry J. Gunnink
7677 Arthur Street
Fridley, MN 55432
Thomas J. Anderson
7613 Brigadoon Place
Fridley, MN 55432
William R. Turnquist
7601 Brigadoon Place
Fridley, MN 55432
Alan L. Johnson
7581 Brigadoon Place
Fridl ey, INN 55432
David H. �ens
7571 Brigad�on Place
�r�d 1 ey�, MN � � 55432 .
Reynold J. Lindberg
11689 Evergreen Street
Coon Rapids, MN 55433
Lloyd E. Mielke
9950 University Avenue
Coon Rapids, MN 55433
Donald R. Dykhoff
7600 Lakeside Road
Fridley, MN 55432
Dina D. Kemnitz Robert J. McNeil Michele L. Wolters
7601 Arthur Street 7625 Br�gadoon Place 7630 Lakeside Road
Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432
s n°-
APPEALS COMMISSIOPJ MEETING, JULY 23, 1985 PAGE 7
Ms. Gabel stated she felt this plan was not very well put together. She
w ld suggest Mr. Taylor talk to Mr. Lindahl again to see if Mr. Li dahl
wo d be willing to combine the parcels and then come back when t e plan is
more ut together. She stated it wa her opinion there were tg-'many
varian es. When there is a piece of property that needs all,, hese variances
includi parking variances and a 1 rge increase in lot co erage, that says
somethin is wrong with the piece o property. She sta�'d 51� was an excessive
lot cover e variance. If the Appe ls Commission wer to approve something
like this, they would only create re problems, inbining both parcels into
one tax par 1 would eliminate a lo of problems '
Mr. Taylor sta�d he would be wi11�7ng to ha �`the Appeals Comnission table the
item in order f r him to go back ai�d talk o the petitioner.
MOTION BY MS. GERO SECONDED BY ARNA, TO TABLE TXIS VARIANCE REQUEST..
UPON A VOICE VOTE, AL VOTING AY,�'' CNAIRPERSON GABEL DECLARED THE MOTION
CARRIED UNA�IMOUSLY. �
4. VARIANCE RE UEST PURSUANT� b CHA TER 214 OF TI
.
i + � - � �
F I , equ s y�
. au , n. .
MOTION Y MR. BARNA� SECONDED BY MS. GEROU,'�4'(
AUG. 3TH APPEALS COMMISSION MEETING AT THE R2
UPON A VOICE VOTE� ALL
CARRIED UNANIMOUSLY.
5. VARIANCE REQUEST PURSUANT
��8�1��Tfi'�CODE TO INCREASE
.
�
.
� � � - �
n onson, , reet,
TABLE THIS ITEM IINTIL THE
UEST OF THE PETITIONER.
AYE, CHAIRPERSON GABEL DECLARED THE MOTION
CHAPTER 205 OF THE FRIDLEY CITY CODE TO REDUCE
EMAI ON T , , B G S S,
eques y eonar ence, riga oon ace .., ri ey,
F�n.�'3'f)
MOTION BY MS. GEROU� SECONDED BY MR. PLEMEL� TO OPEN TXE PUBLIC HEARING.
UPONA VDICE VOTE, ALL VOTING AYE, CHAIRPERSON BABEL DECLARED THE PUBLIC
AEARING OPEN AT 8:39 P.M.
Chairperson Gabe7 read the Administrative Staff Report:
.�
. �
APPEALS COMMISSION (�EETING, JULY 23, 1985 PAGE 8
ADMINISTRATIVE STAFF REPORT
7628 Brigadoon Place N.E.
A. PUBLIC PURPOSE SERVED BY REQUIREI�IENT:
Section 205.07.3D.2a requires a side yard of five (5) feet between an
attached accessory �auilding or use and side pro�+erty lines.
Public purpose served by this requirement is to provide space between
individual structures to reduce conflagration of fire, to provide access
to the rear yard for emergencies and to limit the congestion of crowding
in the residential neighborhood.
B. STATED HARDSHIP:
"Removing of deck from said property would decrease the value of t�e
house and cf�ange the appearance of the said property."
C. ADMINISTRATIVE STAFF REVIEW:
The deck is existing. It is about 30" from the ground (see City letter
dated 4-11-85). If the Board approves this request, we have one stipu-
lation to make, that it be understood that the deck can never be enclosed
or converted into a three-season or other living space.
Mr. Moravetz stated staff had no objection to the variance, other than the
stipulation mentioned in the staff report.
Mrs. Leonard Rence stated that when they purchased the house, the deck was
already on the house, but it was not very wide. They asked the contractor if
he could widen the deck 3 ft., and he did so. She stated they were not aware
the deck did not conform to code until they checked with the City when their
neighbor decided to put up a fence.
Mr. Rence stated none of their neighbors object to this variance.
MOTION BY MR. BARIVA, SECONDED BY MR. PLEMEL, TO CLOSE TXE PUBLIC HEARING.
UPON A VDICE VOTE, ALL VOTING AYE, CXAIRPERSON GABEL DECLARED THE PUBLIC
HEARING CLOSED AT 8:54 P.M.
Mr. Barna stated it was not actually the property owner's fault that the deck
was built as a non-conforming deck. That responsibility would go to the
developer and building contractor. This was not a self-imposed hardship,
and there was a definite hardship because the deck is existing. The actual
living area of the property to the north is at least 20 ft, fram the property
line so as far as accessibility in case of fire, that should be more than
satisfactory. He stated he had no objection to the variance.
_ a
� -
APPEALS COMMISSION MEETING, JULY 23, 1985 � PAGE 9
Ms. Gabel stated she had no objection to the variance. This was something
that was not done deliberately. It was definitely up to the contractor who
added on to the deck to check on the building code. She stated this was just
a matter of housecleaning to bring the deck into code conformance.
Ms. Gerou stated she was in favor of the variance.
Mr. Plemel stated that since there was no neighborhood objection, he would be
in favor of the variance.
MOTION BY MR. PLEMEL, SECONDED BY MR. BARNA� TO GRANT TXE VARIANCE REQUEST
PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY CODE TO REDUCE THE SIDE YARD
SETBACK FROM 5 FEET TO 2 FEET TO ALLOW THE EXISTING DECK TO REMAIN ON LOT 10,
BLOCK 2� BLOMBERG ESTATES, TXE SAME BEING 7628 BRIGADOON PLACE N.E., WITH THE
STIPULATION THAT TXE DECK CAN NEVER BE ENCLOSED OR CONVERTED INTO A TNREE-
SEASON OR OTHER LIVING SPACE.
UPON A VOICE VOTE� ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE MOTION
CARRIED UNANIMOUSLY.
A
M04'ION BY MS.GEROU, SECONDE LEMEL, TO ADJOURN €�!' IEET NG. UPON A
VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DE LY 23 1985� APpEALS
COMMISSION MEETING ADJOURNED AT 9:00 P,
Respectfully subr i��,
ng Secretary
�
' �'� _
ci�nroF
FIZIDLEY
CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE (612) 571-3450•
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Appeals Commission of the City of Fridley
will conduct a Public Hearing in the City Council Chambers at 6431 University
Avenue Northeast at 7:30 p.m. on Tuesday, July 23 , 1985 in regard to the
following matter:
Consideration of a variance request pursuant to
Chapter 205 of the Fridley City Code to reduce
the side yard set�ack from 5 feet to 2 feet to
allow the existing deck to rerr�in on Lot 10,
Bldck 2, Bloomberg Estates, the same being 7628
Brigadoon Place N.E.
Notice is hereby given that all persons having an interest therein will be
given the opportunity to be heard at the above time and place.
PATRICIA GABEL
CHAIRWOMAN
APPEALS COMMISSION
Note: The Appeals Commission will have the final action on this request, unless
there are objections from surrounding neighbors, the City Staff, or the petitioner
does not agree with the Comnission's decision. If any of these events occur, the
request will continue to the City Council through the Planning Commission with only
a recorrmendation from the Appeals Commission.
Item �5, Juty 23, 1985
ADMINISTRITIPE STAFF REPORT
7628 Brigadoon Plaee N. E.
g. PQBLIC PIIRPQSE SERQED BY B�IIIREN�NT:
Seetion 205.07.3D.2a, requires a side pard of five (5) feet between an
atta.ched aeeessory building or use and side property lines.
Publie purpose sereed by this requir�ent is to provide apaQe between
individual struetures to reduoe confla�ration oF fire, to provide
acaess to the rear yard for emer�eneies and to limit the eondition oP
crowding in the residential nei�hborhood.
B. ST�,TED HASDSHIPs
"Remavin� of deok Prom said property would deerease the value of the
house and ckian�e the appearanee of the said property."
afPect other uses oP total planned faeility."
C• �LIIdIS��TIPE STAFF REVIEf�TT:
The deak is existing . It is about 30" from the ground (see City
letter dated 4-11-85) . If the �ard approves this request we have one
stipulation to make, that it be understood that the deek can never be
enelosed or eonverted into a three season or other living spaee.
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CITYOF
FR[DLE.Y
CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE (612) 571-3450
April 11, 1g85
lQr. Leonard Renee
7628 Brigadoon Place N.E.
Fridley, !QT 55432
Re: Deck Location at 7628 Brigadoon Place N.E.
Dear Mr. Rence:
In reference to your inquiry about the location of your deek on the
north side of your house xe submit the follo�ing.
The deck as it exists nox is approximatelq 12 to 18 inches off the north
propertq line. The City Zoning Code requires 7 feet betWeen side
property lines and elevated decks.
Therefore, if it is your desire to bring your property into eompl iance,
you must either reduce the size of the deek as to provide the required 7
footi setbaek, or apply Por, and obtain approval oP a varianee for What
, exists no�, or remove the elevated deck and provide a slab on grade
patio on the area that the existing deck nora occupies.
If you have any Purther questions on this matter, please feel free to
contact me at 571-3450.
Sineerelq,
DA G. CLARK
ChieP Building Official
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