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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 ) � ssw ) 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 �' ' ��``� -� , . � _. ,; �p . r.- � E.`:I� ... � ., l $��L � , ����� � ` '�i� � �. N F y A z 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�. � 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, ` �� ^ %�+ yn a a Recording Secretary ` �o�c�ro � � r� � w w rt cu a. F--� �e � � � c� � o w � w rn � � fCD n t7 r�H wm � � a 'ti � w�cu O � � � N� C � �n �° rr w� Nz t� . �' J�� �!���. � v g � �,'��a�-`� I•-� �'`�°�d�':.;�� ` � � — -� � „� t3D ? � � O � ,�..,� �O x � �� `� � e'� � �'��m ''i7 _+: c� � 0 � ,�'' li�i. � ��., -„ :� � �� � o 0 c � 3 �3 .+ q � �- v� r. v+ �, c� -� � �D Q1 � � � m N i� � d n C � �.�;� O � •{ v O � p m � � � � � O �, a�� a �. � �o � ���� � » ��'�'�$� �a � a � , . � R� I.i � � �, � a .� . • 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: ��,,����? ,,.,��= � '�-�-���� �,;�.���� � � .. ' . . ¢ . . . �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 � � �� � � - � - �� - - c��- ���`- � 0 � / �'�'/ • OATE� � -��-�� � � SIGNATUR �'� . . --_-�- - ADORESS C c TELEPHONE NO %�" ,%� � � ,. � . • .. . 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 ' � _ ( � � ..�.� ..�.. �_..._- - - - - _. 0 . _ �� �� �� �� � . ; Jt . � � 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. u � .Y _ ��� !�' "- � � ��.' _ "i:'. 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 DGC/mh � ; � _ �``4, � . w.y.�. � `i � .'• •, sl b 'r � ' ^ � �, /� � Q�OO�� �:s ._ •+ '+ L� ' �� � � r � � I , w • �1r �k�/A�../ �r �• ti y �o '• /�� � + 7L�� ± �� ��� I: a �r.r rM • _ . • ` l. � . Snp1� %� Z•7 �'fi�� / /s� 1 , �i�' � � risq ��'g - " _ { piI r� ' o� � � � Q �A� !6; 0 0 6 �s � a ` ., �> .. 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