AF-V - 40884UI-I- ll;t UI- rUVUIW ldk.11'J I Y
REI,�DER
Ted J. Qndahl, Recorder
_�,. - a.ar
THIS DOCI�`�M IS RECO{mm IN ABSTRACT,
BUT IS P�SIBLY INCORRECT FOR THE FOLL04JING
RFASONS:
TORRE7VS PROPERTY
�LEGAI. DESCRIPTION �r,+� �'�Qf � �Q�
REFERRING TO IIVCORRECT DOC�(�ILNBER
NO DATES FILLED IN ��
OTHER
NAME � EXT ��
IF Y(kJ HAVE LEGAL QUESTIQNS, YOU MAY P�SIBLY
WI�I TO CONSULT WITH YOUR ATT
If a cornection is required, it may be
harxiled in one of two ways.
9. Re-recording of s�ne docu�r�ent.
a. Donrr�ent must be canpletely re-sigr�ed '
by individuals or corporation.
b. Doarnent needs to have a newly executed
ackr�owledgrerrt. The Notary may not
just sign the old acknowledgr�rri. '
c. Docunent must have a statar�ent typed
on front stating what is being
corr�ect.ed.
An easy way to � rrost rn-recorded docunents
is to cut off an identical blank form just
above space for signatures, includir� place
for corporate narrie if such is the case,
exeeute it as the original, and attach it to
the original copy of the recorded docunent.
2. Corrective doarr�ent.
a. Canpletely exealte a r�+► docur�ent,
ar�d call it "CORRECTIVE".
b. Must have a statgr�ent typed on the
fror�t stating what is being corr�ci.ed,
APm the cbcurent nu�ber of the
instnn�ent being corrected.
There may be exceptions to these prncedures.
If ycw have any questions, please feel free
to call the Recorder's Office. (612)421-4760
.
� .. .
STATE OF MINNESC��'A �
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C.7UNTY OF ANORA
CITY OF FRIDLEY
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In the Matter of: a variance, VAR ��93-15
���! 1.���
APPEALB COMMISSION PROCEEDINGS
OWner: Wilfred and Marlene Cichy
VARIANCE
The above entitled matter came before the Appeals Commission of the City of
Fridley and was heard on the 27th day of July , 19 93 on
a petition for a variance pursuant to the City of Fridley�s Zoning Ordinance,
for the following described property:
To increa�e the height of a fence in the front yard from 4 feet to 6 feet, to allow
an existing fence to remain in the front yard on Lot 1, Block 1, Sherer Addition,
the same being 6795 East River Road N.E.
IT IS ORDERED that a variance be granted as upon the following conditions or
reasons:
Approval with no stipulations. See Appaals.Com. minutes of July 27, 1993.
STATE OF MINNESOTA )
COUNTY OF ANOKA )
CITY OF FRIDLEY )
OFFICE OF THE CITY CLERK
I, William A. Champa, City Clerk for the City of Fridley, 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 record thereof preserved
in my office, and have found the same to be a correct and true transcript of
the whole thereof.
IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at the City of
Frid e, Minnesota, in the County of Anoka on the � day of
�(' , 19� .
�
DRAFTED BY:
City of Fridley
6431 University Avenue N.E.
Fridley, NIlJ 55432
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William A. Champa, City Cl���; .�;;,r ;. �
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Variances are valid for a period of one year following approval �ird•sh�l�.•1���— ,��-
considered void if not used within that period. � f, '` ��� "'�
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CITY OF FRIDI,LY
1�lPPEALB CObII�lIBSION MEETIN(�, JIILY 27, 1993
CALL TO ORDER•
Chairperson Savage called the July 27, 1993, ppeals Commission
meeting to order at 7:30 p.m.
ROLL CALL•
Members Present: Diane Savage, Ke Vos, Carol Beaulieu
Members Absent: Larry ICuechle�Cathy Smith
Others Present: Michele M herson, Planning Assistant
Wilfred ichy, 6795 East River Road`
Don S walter, 6785 East River Road
Oliv r Tam, 1160 Fireside Drive N.E.
Ve Bandel, 5980 - 6th Street N.E. �
rk & I�ura Ingebrigtsen, 5831 West Moore
Lake Drive �
ICay & Jeanne Ingebrigtsen,. 5811 West Moore
I�ke Drive
�
MOTIO by Ms. Beaulieu, seconded by Dr. Vos, to approve the July
13, 93, Appeals Commission minutes as written.
IIPON A VOICE VOTE, ALL VOTIIITG AYE, CHAIRPERSON 3AVAGE DECLARED THE
MOTION CARRIED ONANIMOII3I,Y. �
1. CONSIDERATION OF VARIANCE RE UEST VAR 93-15 BY WILFRED AND
MARLENE CICHY• �
Per Section 205.04�06.A.(7) of the Fridley Zoning Code, to
increase the height of a fence iri the front yard from 4 feet
to 6 feet, to allow an existing fence to remain in the front
yard on Lot 1, Block 1, Scherer Addition, the same being 6795
East River Road
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, ALL VOTING AYE, CHAIRPERSON BAVAGE DECLARED THE
MOTION�CARRIED AND TgE pQgLIC HEARING OPEN AT 7s32 P.M.
Ms. McPherson stated the property is located just south of the
intersection of East River Road and Locke Lake Road. The property
APPEALB COMMI88ION MEETING. JIILY 27, 1993 PAGL 2
abuts Locke Lake. The property is zoned R-1, Single Family ("
Dwelling, as are the properties to the north and south. Locke Lake
is located to the east.
Ms. McPherson stated the petitioners are requesting a variance to
increase the height of a fence in the front yard from 4 feet to 6
feet. The petitioners have constructed a privacy fence around the
entire perimeter of the property. The portion of fence that is of
concern is the portion beginning at the corner of the garage and
wrapping around the front of the dwelling unit. The Code requires
tha� all fences or closely grown hedges located in the front yard
are to be no higher than 4 feet in height.
Ms. McPherson stated the petitioners constructed the fence �o
provide a sound barrier from the East River Road traffic. The
fence, as constructed, does not impact any vision safety zones as
the property is not on a corner lot, nor does it create any vision
problems for the petitioner.
Ms. McPherson stated the petitioners did contact Anoka County to
ensure that the fence was not constructed within the right-of-way.
Ms. McPherson stated that if the Appeals Commission approves this
variance request, it is within the range of similar previously
granted variances. The Commission previously recommended approval
of a variance to increase the height of a fence and fence/hedge at
two properties located north of 79th Avenue and East River Road.
Mr. Wilfred Cichy stated he purchased this property in February.
After moving in, they found that the traffic is very heavy and
noisy on East River Road. Their house•is directly across from a
concrete barrier wall so the sound hits the barrier and bounces
back into their property.. Because of the noise, he decided to
build an acoustical-type fence that would help absorb the noise.
He stated he had called the City and was told he needed to contact
Anoka County. He stated that the County staff showed him where the
County right-of-way line was and suggested he construct the fence
on his own property away from the right-of-way. After constructing
the fence, he received'a letter from the City stating that he
needed a variance.
Mr. Cichy stated he contacted both neighbors on either side of him
before constructing the fence, and they each signed a letter
stating they had no objections to the fence.
Ms. Savage asked Mr. Cichy why he needed the 6 foot height in the
front yard.
Mr. Cichy stated the 6 foot high fence covers the height of all
cars.
Dr. Vos stated the fence is not very attractive, but it.probably
serves the purpose for which it is intended and that is to absorb
the noise.
0
s
--` APPEALB COMMISSION MEETING. JIILY 27. 1993 PAGE 3
� OM TION by Ms. Beaulieu, seconded by Dr. Vos, to close the public
hearing.
IIPObi A VOICE VOTE� ALL VOTING AYE� CSAIRPLR80N BAPAGE DECLARED THE
MOTION CARRIED AND THE PIIBLIC HEARING CLOSED AT 7:38 P.M.
Ms. Beaulieu stated she lived on Hartman Circle for five years and
moved because she could not live with the traffic,.smell, and lack
of privacy. She would be in favor of allowing the higher fence in
the front yard if it helps alleviate some of the problems
associated with living on East River Road. Also, the petitioner
was not aware that he needed a variance prior to constructing the
fence. • • �
Ms. Savage stated her only concern would be setting a precedent for
6 foot high fences in the front yards along East River Road;
however, the Commission has granted.similar variances along East
River Road in the past. Also, the location of the petitioner's
property is somewhat unique because of the concrete barrier that
is located across from it.
Dr. Vos stated that he would vote in favor of the variance request
for the following two reason:
1. The unique location of this property on East River Road
� because it is.across from a barrier;
2. He did not believe that the four feet versus six feet
height can be universally applied to all streets in
Fridley. East River Road is a unique thoroughfare
running north/south through the City with a high volume
of traffic.
MOTION by Dr. Vos, seconded by Ms. Beaulieu, to approve variance
request, VAR #93-15, by Wilfred and Marlene Cichy, per Section
205.04.06.A.(7) of the Fridley Zoning Code, to increase the height
of a fence in the front�yard from 4 f�et to 6 feet, to allow an
existing fence to remai� in the front yard on Lot 1, Block 1,
Scherer Addition, the same being 6795 East River Road N.E.
IIPON A VOICE VOTE� ALL VOTING AYE, CHAIRPEIt30N SAPAGE DECLARED THE
MOTION CARRIED IINANIMOIISLY.
2. CONSIDERATION OF VARIANCE REOUEST VAR #93-16 BY OLIVER TAM•
Per Section 205.15.03.C.(3) of the Fridl Zoning Code, to
reduce the rear yard setback from 40 t to 26.8 feet;
Per Section 205.15.03.C.(4) of e Fridley Zoning Code, to
reduce the setback from a r idential district from 50 feet
to 20.4 feet;
APPEALS COMMISSION ME�TING. JIILY 27. 1993 PAG$ 4 �
To correct existing encroachments for the restaurant located �
on that part of the Southeast Quarter of the Northwest Quarter
of Section 12, Township 30, Range 24, Anoka County, Minnesota,
described as follows: / �
Commencing at a point on the east line o the Northwsst
Quarter of said Section 12 distant 726 feet southerly of the
northeast corner of the Southeast Quarte of the Northwest
Quarter of said Section 12; thence wes erly along a line
which, if extended, would intersect t west line of the
Southeast Quarter of the Northwest Qua r of said Section 12
at a point distant 726 feet southerly o the northwest corner
of the Southeast Quarter of the No west Quarter of said
Section 12, a distance of 661.45 fee to�the actual point of
beginning of the land to be desc 'bed, thence continuing
westerly along said last describe line a distance of 288
feet; thence northerly a distance o 396 feet; thence easterly
at a right angle a distance of 28 feet; thence southerly at
a right angle a distance of 96 feet to the point of
beginning, the same being 1160 F'reside Drive N.E. (Tam's Rice
Bowl)
MOTION by Dr. Vos, seconded by Ms
of the public hearing notice and
IIPON A VOICE VOTE, ALL VOTING
MOTION CARRIED AND THE PIIBLIC
Ms. McPherson stated this p
Drive. The property is
District. On either side
mobile home park which are
some C-3, General Shopping
north, as well as some �
south.
Beaulieu, to waive the reading
en the public hearing.
CHAIRPER80N SAPAGE DECLARED THE (
ING OPEN AT 7:45 P.M.
op rty is located mid-block on Fi�eside
oned C-3, General Shopping Center
f the restaurant are two parts of a
oned R-4, Mobile Home Park. There is
'enter District, to the south and to the
1, Light industrial District, to the
Ms. McPherson stated th t in addition to the variance request, the
petitioner has submitt d a replat to cr�ate three lots, one for the
restaurant parcel, a -two smaller lots on which the �petitioi�er
will locate two 4-un' dwellings in place of the existing dwelling
units on site. In addition, the petitioner is requesting that
these portions be r zoned to R-3, General Multiple Family Dwelling.
Ms. McPherson sta ed the variances requested by the petitioner are
to correct exis ng encroachments. For whatever reason, these
encroachments h e not been corrected, and now is the opportunity
for the City to have these encroachments corrected.
Ms. McPherson
driveway th
deliveries
portion of
establishe .
tated that, in addition, a portion of the bituminous
comes around the restaurant that is used for
ially encroaches into the mobile home park. That
driveway should be removed and vegetative cover re-
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CIIYOF
FRIDLEY
( �
FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 •(6l2) 571-3450 • FAX (612) 571-1287
APPEALS COMMISSION
ACTION TAKEN NOTICE
July 28, 1993
Wilfred and Marlene Cichy
6795 East River P.oad
Fridley, MN 55432
Dear Mr. and Mrs. Cichy:
On July 27, 1993, the Fridley Appeals Commission officially
approved your request for a variance, VAR #93-15, to reduce the
height of a fence in the front yard from 4 feet to 6 feet to allow
an existing fence to remain in the front yard on Lot 1, Block 1,
Scherer Addition, the same being 6795 East River Road N.E.
Please review and sign the Action Taken Letter below and submit one
copy to the Planning Department by August 9, 1993.
You have one year from the date of the Appeals Commission action
to initiate construction. If you cannot begin construction in
time, you must submit a letter requesting an extension at least
three (3) weeks prior to the expiration date.
If you have any questions regarding the above action or the need
for an extension, please call the Planning Department at 571-3450.
Sincerely,
o�
�� ���� " � 6� 6
'-�� t.� � � �t'�✓�-_"'�
Mic ele McPherson
Planning Assistant
MM:ls
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� Con with act�� taken
�.
s COMNtISSION APPLIC�►�iION REVIEW
�
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_
� FILE NUMBER pILE DATE M��ArE _�ILE DESCRIPTION , v� #93-15
C I T Y O F i 34 7/6�93 -' 7/2 7,/9 3 6 795 East River Road
FRIDLEY � fenoe hei t
�v
COMPLETE REVIEW CHECKLIST AND RETURN TO PLANNING D,EPT.
,: � �
COMIVIENTS
°' �/
. M. �
s_��
�� SCOTT E.
�-iy
F.���
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L�ON M. � ,3
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C. f
REQUEST
Permit Number
Applicarrt
Proposed
Request
Location
SITE DATA
Size
Density
Preserrt Zoning .
Present Land Use(s)
Adjacent
Zoning
IAdjacerrt Land Use(s)
Utilities
Park Dedication
I Watershed District
ANALYSIS
Financial I mplications
Conformance to the
Comprehensive Plan
Compatibility with Adjacent
Zoning and Uses
Environmental
Considerations
RECOMII�NDATION
Staff
Appeals Commission
Planning Commission
Author r,gK:yS
/'� �"1
STAFF REPORT
Community Development Department
Appeals Commission Date July 27, 1993
Planning Commission Date
City Council Date
VAR #93-15
Wilfred and Marlene Cic�,y
To increase the height of a fenoe in the front yard fn�n
4 feet to 6 feet
6795 East River Rflad
18,000 srn�am feet
1�1, Single Family Dwelling
R�sidential
h-1, Single Family DwelLing, to the N, S, & E
Residential to N& S; Locke Lake to E
.- � - -
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Staff Report
VAR #93-15, 6795 East River �oad, Wilfred and Marlene Cichy
Page 1
A. STATED HARDSHIP:
"Sound reduction from East River Road traffic"
B. ADMINISTRATIVE STAFF REVIEW:
Request
The petitioners request that a variance be granted to increase
the height of a fence located in the front yard from 4 feet
to 6 feet. The request is for Lot 1, Block 1, Scherer
Addition, the same being 6795 East River Road
Site
Located on the property is a single family dwelling unit with
a detached two-car garage. The property is zoned R-1, Single
Family Dwelling. The properties to the north and south are
also zoned R-1, Single Family Dwelling. Locke Lake is located
to the east of the subject parcel.
Analysis
Section 205.04.06.A.(7) of the Fridley City Code requires that
a fence, wall, or any natural hedge or closely planted
vegetation that forms a barrier shall not exceed four (4) feet
in height within the limits of the front yard in all
residential districts.
Public purpose served by this requirement is to prevent tall
fences in order to maintain the attractability of a
residential area.
The petitioners have completed construction of a 6 foot high
privacy fence to provide a sound barrier from traffic on East
River Road. The fence is located in the front yard beginning
at the corner of the detached garage and wrapping around the
front yard. The fence, as constructed, does not cross the
driveway.
The petitioners contacted Anoka County to verify that they
would not construct the fence within the public right-of-way.
The subject parcel is not a corner lot; therefore, there is
no impact to the vision safety zone.
If the variance is granted by the Appeals Commission, it is
within the range of similar previously granted variances.
i"'1
PIIBLIC BEARING
BEFORE THE
APPEALB COI�II88ION
�.
____________________ ______________________—____________________
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, July 27, 1993,
at 7:30 p.m. for the purpose of:
Consideration of variance request, VAR #93-15,
by Wilfred and Marlene Cichy:
Per Section 205.04.06.A.(7) of the Fridley
Zoning Code, to increase the height of a fence
in the front yard from 4 feet to 6 feet, to
allow an existing 6 foot fence to remain in the
front yard on Lot 1, Block 1, Scherer Addition,
the same being 6795 East River Road, 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 July 20,
1993.
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CITY OF FRIDLEY
6431 IJNIVERSITY AVENUE N.E.
FRIDLEY, MN 55432
'�
(612) 571-3450 a COMMUNITY DEVELOPMENT DEPARTMENT
VARIANCE APPLICATION FORM
�'ROPERTY �NFORMATION - site plan required for submittal; see attached
Address: �;� ��� f � ��
Property Identification Number (PIN)_ ��� �L,� /,� �� 4'��
Lega1 description:
Lot _,� Block � TracdAddition
Current zoning: � Square
Reason for variance and hardship: ,,,
Section of City Code_
Have you operaxed a business in a city which required a business license`?
Yes No � If yes, which ciry?
If yes, what type of business?
Was that license ever denied or revoked? Yes No
�
FEE OWNER INFORMATION (as it appears on the property title)
(Contract Purchasers: Fee Owners must sign this form prior to processin )
NAME .� �. �°,0G �� � �� �r`� � �G��
,ADDRESS ,� � '���� ,�'�1�� , �
�
DAYTIME PHONE ����-� ��
SIGNATURE ' DATE � � —�.�
PETITIONER TNFORMA ION
NAME�/f� ,��� � � � � �' C � �
ADDRESS _s,� � �,� .�_ � � �
DAYTIME PHONE ��� -�' ���''
SIGNATURE ! e `� DATE �` � - �' �
Fee: $100.00 $ 60.00 � for residential operties
Permit VAR # �3 - � , �eceipt # � ! � �
Application received by: i
Scheduled Appeals Commiss
Scheduled City Council date:
y
.
VAR,� �#9 �-15 ^ MA�T,ING LIST r��, Mailed 7/16/9 3
6795 East Aiver Road
Wilfred & Marle,ne Cic�y
6795 East River Road
Fridley, NIlV 55432
Hlaine Jones: & Lee Ulrick
54 Locke Lake l�oad
Fridley, 1�IlV 55432
Paul Slesar
44 Locice Lake Road
Fridley, NIlV 55432
Don Shocnralter
6785 Fast R%vex Road
Fridley, NAT 55432
Janet R�ido�
6775 East Rive.� Road
Fridley, MN 55432
Carl Wir�rg
6811 East River Roa.d
Fridley, N�T 55�432
Joseph Tzymudd�..a
lO1 Hari-man C.ircle
Fridley, NIl�T 55432
Gabriel Gianvola
105. Hari�man CiY'ole.
Fridley, NIlV 55432
Gabriel Giancola
109. Har�inan Circle
Fridley, Mt�T 55432
C�.arles.Scholzen
113 Hart�nan �i.xcle
Fridley, Ml�T 5�432
Mu�:tag Madr�mpotc�o
�68Q2 Ha..ckoxy� S�txeet NeE.
Fridle�� N.�T � 55�32
Donald �iegler
6815 Ea�t�River::Road
x'ridley, l�V : '55432
D%ane S�vage .
567 1�ice . Creek: '�rraoe
FridleX=, N�i ...55432
C�t� .N�anager:
C.i;ty Gotui�i:l
��
CITY OF FRIDLEY
�
APPEALS COMMISSION MEETIN(3, JIILY 27, 1993
____-----___..------------.,---------------------------------------
CALL TO ORDER:
Chairperson Savage called the July 27, 1993, Appeals Commission
meeting to order at 7:30 p.m. _•
ROLL CALL:
Members Present:
Members Absent:
Diane Savage, Ken Vos, Carol Beaulieu
Larry Ruechle, Cathy Smith
Others Present: Michele McPherson, Planning Assistant
Wilfred Cichy, 6795 East River Road
Don Showalter, 6785 East River Road
Oliver Tam, 1160 Fireside Drive N.E.
Vern Bandel, 5980 - 6th Street N.E.
Mark & Laura Ingebrigtsen, 5831 West Moore
Lake Drive
Ray & Jeanne Ingebrigtsen, 5811 West Moore
Lake Drive
APPROVAL OF JULY 13. 1993, APPEALS COMMISSION MINUTES•
MOTION by Ms. Beaulieu, seconded by Dr. Vos, to approve the July
13, 1993, Appeals Commission minutes as written.
IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BAVAGE DECLARED THE
MOTION CARRIED IINANIMOIISLY.
1 •
_ --
V�� $Q'2�'1 �, RV WTT_T�'DTi`T1 21ATil - -
- - --- -- -
" LENE CICHY • __ --
_ _ __
Per Section 205.04.06.A.(7) of the Fridley Zoning Code, to
increase the height of a fence iri the front yard from 4 feet
to 6 feet, to allow an existing fence to remain in the front
yard on Lot l, Block 1, Scherer Addition, the same being 6795
East River Road
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, ALL VOTING AYE, CHAIRPERSON BAVAGE DECLARED THE
MOTION CARRIED AND THE PIIB?�IC HEARIN(3 OPEN AT 7:32 P.M.
Ms. McPherson stated the property is located just south of the
intersection of East River Road and Locke Lake Road. The property
/ 1
��1
APPEALS CO1�II�iISBION MEETING� JIILY 27, 1993 PAGE 2
abuts Locke Lake. The property is zoned R-1, Single Family
Dwelling, as are the properties to the north and south. Locke Lake
is located to the east.
Ms. McPherson stated the petitioners are requesting a variance to
increase the height of a fence in the front yard from 4 feet to 6
feet. The petitioners have constructed a privacy fence around the
entire perimeter of the property. The portion of fence that is of
concern is the portion beginning at the corner of the garage and
wrapping around the front of the dwelling unit. The Code requires
tha� all fences or closely grown hedges located in the front yard
are to be no higher than 4 feet in height.
Ms. McPherson stated the petitioners constructed the fence to
provide a sound barrier from the East River Road traffic. The
fence, as constructed, does not impact any vision safety zones as
the property is not on a corner lot, nor does it create any vision
problems for the petitioner.
Ms. McPherson stated the petitioners did contact Anoka County to
ensure that the fence was not constructed within the right-of-way.
Ms. McPherson stated that if the Appeals Commission approves this
variance request, it is within the range of similar previously
granted variances. The Commission previously recommended approval
of a variance to increase the height of a fence and fence/hedge at
two properties located north of 79th Avenue and East River Road.
Mr. Wilfred Cichy stated he purchased this property in February.
After moving in, they found that the traffic is very heavy and
noisy on East River Road. Their house is directly across from a
concrete barrier wall so the sound hits the barrier and bounces
back into their property. Because of the noise, he decided to
build an acoustical-type fence that would help absorb the noise.
He stated he had called the City and was told he needed to contact
Anoka County. He stated that the County staff showed him where the
County right-of-way line was and suggested he construct the fence
on his own property away from the right-of-way. After constructing
the fence, he received a letter from the City stating that he
needed a variance.
Mr. Cichy stated he contacted both neighbors on either side of him
before constructing the fence, and they each signed a letter
stating they had no objections to the fence.
Ms. Savage asked Mr. Cichy why he needed the 6 foot height in the
front yard.
Mr. Cichy stated the 6 foot high fence covers the height of all
cars.
Dr. Vos stated the fence is not very attractive, but it probably
serves the purpose for which it is intended and that is to absorb
the noise.
/"\
/"^
APPEALS COMMISSION MLETING. JIILY 27, 1993 PAGE 3
MOTION by Ms. Beaulieu, seconded by Dr. Vos, to close the public
hearing.
IIPON A VOICE VOTE, ALL VOTING AYE� CHAIRPER80N BAPAGE DECLARED THE
MOTION CARRIED AND THE PIIBLIC HEARING CLOSED AT 7:38 P.M.
Ms. Beaulieu stated she lived on Hartman Circle for five years and
moved because she could not live with the traffic,.smell, and lack
of privacy. She would be in favor of allowing the higher fence in
the front yard if it helps alleviate some of the problems
associated with living on East River Road. Also, the petitioner
was not aware that he needed a variance prior to constructing the
fence.
Ms. Savage stated her only concern would be setting a precedent for
6 foot high fences in the front yards along East River Road;
however, the Commission has granted similar variances along East
River Road in the past. Also, the location of the petitioner's
property is somewhat unique because of the concrete barrier that
is located across from it.
Dr. Vos stated that he would vote in favor of the variance request
for the following two reason:
1. The unique location of this property on East River Road
because it is across from a barrier;
2. He did not believe that the four feet versus six feet
height can be universally applied to all streets in
Fridley. East River Road is a unique thoroughfare
running north/south through the City with a high volume
of traffic.
MOTION by Dr. Vos, seconded by Ms. Beaulieu, to approve variance
request, VAR #93-15, by Wilfred and Marlene Cichy, per Section
205.04.06.A.(7) of the Fridley Zoning Code, to increase the height
of a fence in the front�yard from 4 feet to 6 feet, to allow an
existing fence to remain in the front yard on Lot 1, Block 1,
Scherer Addition, the same being 6795 East River Road N.E.
IIPON A VOICE VOTE� ALL VOTING AYE, CHAIRPERSON 3AVAGE DECLARTD THE
MOTION CARRIED IINANIMOIISLY.
2.
�
Per Section 205.15.03.C.(3) f the Fridley Zoning Code, to
reduce the rear yard setback om 40 feet to 26.8 feet;
Per Section 205.15.03.C.(4) of the Fridley Zoning Code, to
reduce the setback from a resid ntial district from 50 feet
to 20.4 feet;