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Name ���� � ,�ya�� Address ���� ����� Phon � � 3g�
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L�gal Spt Noe Block No. Tract or Addn.
Desc:: iption g � ��%��T
Varianc� Request(s)� including stated hardships (attach plat or survey of property
showing buildiny, variances, etc., ;ahere applicable)
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Comrients & Fecom���endations by
the Board of Appeals
City Counci.l Action and Da:�e
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5taff Commen�ts
Board members notified of ineeting by ��� ��� List meinbers,
date notified, and "Yes" or "No" for plans to at�end hearin . Plan
Date To Attend
Name �
Pearson making appeal and the following property owners having property within 200
feet notified: By Whom
Name Date Phone or Ma:il Notified
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C. M. Herringer
7129 East River Road
Fridley, MN 55432
C.M. Herringer
4121 Stinson Blvd.
Minneapolis, MN 55421
F1r. & Mrs. Archie Thompson
7155 East River Road
Fridley, MN 55432
Mr. Dennis C. Terer
7181 East River Road
Fridley, MN 55432
Mr. & Mrs. Donald Lennox
7201 East River Road
Fridley, MN 55432
Mr. & Mrs. Richard Smallwood
7180 East River Road
Fridley, MN 55432
� Mr. Daniel R. Harvieux
7210 East River Road
Fridley�, MN 55432 _
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. Mr. & Mrs. James Plucker
: � . � 7�15 East River Road
� � Fr�dley, MN 55432
" Mr. & Nlrs. william Hill
' 7217 East River Road
' Fridley, MN 55432
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OFFICIAL NOTICE
CITY OF FRIDLEY
PUBLIC HEARING
BEFORE THE
APPEALS COMMISSION
TO WHOM IT MAY CONCERN:
NOTICE IS HEREBY GIVEN THAT the Appeals Corrmiission of the City of
Fridley will meet in the Council Chamber c�f the City Hall at 7:30 PM on
Tuesday, September 20, 1977 to consider the following matter:
A request for v�riances as��follnws: Secti.on
205.054, 2 to reduce the required minimum square . -
footage of a house from 1020 square feet to 912 square
fee� and Section 205.055, 2A to waive the single stall
garage requirement for lots with a minimum area of 9,000
square feet, to allow the construction of a house without
a garage to 6e located on Lot 16, Block 1, Hillcrest
Addition, the same being 7165 East River Road, Fridley,
Minnesota. (Request by Timothy T. Mlunn, 4722 - 42nd
Avenue N., Minneapolis, Minnesota.)
Anyone who desires to be heard with reference to the above matter may
be heard at.this meeting.
VIRGINIA SCHNABEL
CHAIRPERSON
APPEALS COMMISSION
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Item #3
September 2p, 1977
ADMINISTRATIVE STAFF REPORT
7165 East River Road
A. PUBLIC PURPOSE SERVED BY REQOIREMENT:
a. Section 205.054, 2 requirir�g a minimum of 1020 square feet
of living area in a house on a lot in excess of 9,000 square feet.
e Public purpose served is to provide for adequate house size
and living area in residential buildings.
2. Section 205.055, 2, A requirfing a single stall garage for all
lots having a m�nimum area of 9,000 square feet.
Public purpose served is to provide adequate off-street parking
area and storage during inclement weahter as well as to house
goods and materials which would otherwi.se cause visual pollution.
B. STATED HARDSHIP:
1. A 912 square foot home is the largest house size that the family
can qualify for financing.
2. At this time the family cannot afford to build a garage.�
C. ADMINISTRATIVE STAFF REVIEW:
1. The staff has no o6jection to this proposal.
2. The staff has no objection to this proposal.
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I understand that the Appeals Commission for the City of Fridley on
September 20, 1977, granted three variances to the City Code, to allow the
construction of a 24' x 38' house on Lot 16, Block 1, Hillcrest Addition,
the same being 7165 East River Road. I also understand that the 3rd item
involving the side yard variance of 1 1/2 feet was not listed on the Public
Hearing notice, due to an oversight. In order to save the petitioner's any
further delay in beginning construction, I here6y affirm that I have no objections
to the variances listed 6elow, which were granted, and waive my traditional
right to 10 days advanced notice for an item 6efore the Appeals Comnission.
Tlie vari ances to the Ci ty Code ��vol ved are•:.
1. Section 205.054, 2, to reduce the required minimum square footage of
a house from 1,020 square feet, to 912 square feet, and
2. Section 205.055, 2,A, to waive requirement of single stall garage
on lots with an area of 9,000 square feet or more, (future owner intends
to build a garage as soon as possible), and.
3. Section 205.053, 4b, 5b, to reduce the minimum-�street:side yard
setback on a corner lot from 17 1/2 feet to 16 feet.
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4121 Stinson Blvd. N.E. �
Mr. & Mrs. Archie Thompson
7155 East River Road
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Mr. & Mrs. Donald Lennox
7201 East River Road
Mr. & Mrs. Richard Smallwood
7180 East River Road
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7210 East River Road •� `�� � �� �
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Mr. & Mrs. James Plucker
72 5 East River Road
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7217 East River Road'
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mo` p APPEIILS COMMISSION P�IE�TING - OCTOBER 1 1, 1977 Pat�e 19
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The Commission discussed exactly what height they would
stipulate the si�n to be.
Mr. Barna rras more concerned about being sure the Sign
would not block the intersection visibility even mae than
blocking the view from the top.
The other Commission members tivere e�ressing more
concern about the sign obstructing the vie�v into and out
from the residential area that completely �vould surround
the Real Estate 10 building.
MOTION by Mr. Plemel� seconded by Mr. Barna, that the
Appeals Commission recommend the approval of the request for
variance of the Fridley City Code, Section 211�.055, 4, to
increase the maximum height for a free standing sign in
CR-1 Zoni.ng (General Offices and Limited Busi��.esses), from
six feet to the maximum height of 17 feet from the
closest c�urb line at Hillvrind Road NE to the top of the
finished structural member of the sign measured perpendicular
to the right-of-�vay line, to a11o�v the construction of a
6 foot by 8 foot sign, to be located on Lot 1, Block 1,
Rea1 Estate 10 Addition� the same being 951 Hillitlind Road NE�
Fridley� Minnesota.
UPON A VOICE VOTE� Mr. Plemel, Ms. Schnabel� Mse Gabel
and Mr. Barna voting aye; Mr. Kemper voting nay, the motion
carried.
Chairperson Schnabel said. that the item would go before
the City Council on November 7a �977.
5. REC�IV� SIGNATURES OF PROPERTY OCJNERS ti�VITHIN
OF 71 EAST ��I�IER'��20�D ��TS Pii;� STIpi1LATT0I1 AT
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Chairperson Schnabel explained that at the September Z0, 1977
Appeals Commission meeting a stipulation had been put on the
item indicating that the petitioner could notify the listed
persons that rrere required to be notified of an additional
variance from Section 205.053, 4b; 5a, to reduce the
required 17.5 foot side yard setback to 16 feet� in �vhich
case� then the item �rould not have to go to City Council.
She said that it had been discovered in the process of
reviecving the request that the petitioner had not been
advised that they �vould need a variance for a side yard
set back because there �vas an unvacated street at the side
of the lot.
APP�IILS COtg'IISSIOPI ME �I;TING - OCTOB�R 1 1, 19�7 Pa�;e ZO
Chairperson Schnabel said that the Appeals Commission
had felt that since it had been a Staff oversight, they did
not �ant to put any undue financial hardship on the petitioner
who had to meet a deadline for the purchase oi the.house in
order to avoid a substantial increase in the price of the
house.
Chairperson Schnabel said that there were eight
people that rrere asked to sign a petition, and the
petitioner received all eight of the signatures. She said
that the signatures �vere received and the item did not
have to go to City Council.
MOTION by Ms. Gabel, seconded by PRr. Kemper, to
receive the subject petition. Upon a voice vote, all
voting aye' the motion carried unanimously. The
petition ��as received at 10:37 P,M.
6. ADVISORY STAl`dDARDS FOR LAND IIS� REGULATIOPd
Chairperson Schnabel said that the booklet that each
member of the Commission had received i�ras most in�eresting.
She said it had recommendations from the Committee that
had been appointed. She said that the actual booklet
haca been a joint effort by the Metropolitan Council fo the
T�rin Cities Area and. the Association of Metropolitan
l�iunicipalities. She pointed out that most of the
sugbesiions ti;rere minimum suggestions.
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Chairperson Schnabel said that there tivere many
interesting items in the booklet and recommended that the
members be sure to r°ead the information.
7. PUBLIC DISCLOSURE STATEP�iETdT
Chairperson Schnabel ir�cii.cated that each memb�r had received
a Public Disclosure Statement and remindecl the members that
they c�ere due back by October 26� 197?� �
�DJOURNI��ILNT
M�TION by Mr. Barna, seconded by Mr. Plemel, to
adjourn the October 11, 1977, Appeals Commission meeting.
Upon a voice vote� all voting aye, the motion carried
unanimouslyo The meeting �vas adjourned at 10:41 P,M.
Respectfully submitted,
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AiaryLee Carhill
Recording Secretary
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� ` �+ APPrALS C�hII�IISSTON MrI:TING - Sr, TF.T�BLR 20, 1977 Pa�e 7
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MOTIOPi by T4s. Gabel, seconded by P�Ir. Barna, that the
Appeals Comnission grant the request for variance of .
Section 205.053, 4a B�Sb), Fridley City Code, to reduce
tne required 25 foot minimum side yard setback for any
attached or unattached accessory buildinb crhich opens on
the side street of a corner lo� to 18 f�et, t� alloz�� the
con�truction of. a house ancl attached garage on Lot 7,
Block Z, Innsbruck Piorth Addition, the same being
1424 North Danube Road I�t.�., Fridl.ey, M3.nnesota. Upon a
voice vote, a11 voting aye, the motion carrieci unanimously.
3.
P�OTIOTd by rir. Barna, seconded by t�Ir. Kemper, to oper_ the
Public Hearin;. Upon a voice vote, all voting aye, the
m�+ion carr� ed una.nimovsly. The Public Hearing v�as
openecl a� 8:16 P.ivl.
A.D;ZINISTrZATIVE STAFF REPQ�T
A. PUBLIC PURPOSL SER�IED_ BY ��?UI�RII1�NTs
1. Sec�ion 205.o54s 2 requiring a mininum oi 1020
square feet of liv�.ng area in a house on a. lot in
excess of 9,000 square feet,
Public purpose served is to provide for adequate
hous.e size and living �sea in resiclential b�il�ings.
2. Section 205.055�, 2, A requiring a single stall
garage for all lots having a min.imu� area of
9,000 squre feet.
Public purpose served is to provide adeouate
off-street parking �sea and storage during
inclement ��reather as ��re11 as io house gaods and
materials tivhich ti��ould other��rise c�use v�sual
pollu�ion.
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rING SEPTEMBER Z0, 1977 Pa�e _8_ '� � �: ��
g� STATED HARDSHIP:
1. A 912 square foot home is the largest house size
that the family can qualify for financing.
2, �it this time the family cannot afford to build
a garage.
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C. ADMINISTRATIV� ST.�.FF RLr'VIE,�I:
1. The area:=has houses of similar size.
Ms. Gabel asked if this request was under the MFHA financing
plan.
Mr. Tim Munn of 47Z2 4�d Aeenue North, indicated that
it r�as for a house to be constructed and the loan ��ould be
a Conventional Loan. It was not under any special
` government assisted financing plan.
Mr. Tim Munn indicated that he vaould be selli�ag t�re`
lot to Dr. & Mrs. B. Russell Eby
Mrs. Eby said that the house ��ould be a pre-fab house
that �ras being purchased through .�'leston Homes and
that the house ���as the only one they qualified for. She
said that if they had to go to a larger plan, it crould be
an additional $5,000 and they vJOUlcI not qualify for the
loan. She also said that, �t that time, they could not
afford to add on the cost of a garage. She said that they
definitely 1�ould be building a garage at a later date.
She saa.d that it tiaoulc� be a detached garage, built to the
rear of the house.
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In anstiver to a q_uestion from Chairperson Schnabel,
Mr. Aoldea said that the lot in question ti7as an R-1 lot.
Nir. Holden indicated to the Commission and to He
Dr. & rirs. Eby that a Staff error had taken place.
said that t�hen the request had been received in City Hall,
it had been erroneously ov,erlooked that the lot cras a
corner lot. He saic� that because of that fact, they would
have to maintain a 17.5 foot side yard setback, in addition
to the 10 foot common side yard setback. He e�lained
that bec�use they proposed to build a Z4 foot tiJide house
and their lot tras 50 feet tride, they �rould need to apply
for another variance of 1.5 feet. He told them that they
would have to �gain appear before the Appeals Commission,
It t�ras apparent that this caas going to cause problems.
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� APP�ALS CONQ�ISSION MrETIPIG - SEPTEMBER 20, 1977 Pa�e 9
Mrs. Eby indicated that they had a delivery date to
meet. She said that if they didn�t agree to that
certain date, the Comnany v�ronld not guarantee the price
that Dr. & rirs. �by had a�reed to pay. She explai.ned that
the price of the homes had gone up on July 1, 1977, and �
they had signed the contract at the lo��rer price dependent
on a delivery date before October 1s 1977.
Mrs. Eby rrent on to e�ulain that because the builder
had been slorr getting the plans to the bank, � they
had only verbally agreed to give the Tby's a couple additional
vreeks, but T�Srs. i,by said that they did not have that
agreement in �trriting.
ChairPerson Schnabel explained that the property
o��mers in the area rrould have to be notified regarding
the 1.5 foot variance reauest. She asked i�lrs. Eby ��rhen
they c�ould have to take delivery.
P�Irs. Eby said that the only date they had ti�tas
�'end of Sevtember". She said that the Company hac� been
slo�;l delivering the plans to the bank to get the mort�age
through �nd that they had only been told verbally that
they vrould be allo�=�ed a couple extra �ireeks.
Ms. Gabel s�i.d that the Eby�s could lose their
financino if the price of the house cJOUld go up.
There ti�as some discussion at the time regarding
the plans for t4eyers �Street, an� Hillcrest, It ti�ras
basically decided that there ��ere no immediate plans
for the developino of either street.
hlr. Holden explained that the City r�as bound by
ten--day notification to the surrounding neighbors,
He said that to make it valid any other t�ray ��rould be
have l�Jritten responses fron each property oti�mer that
they rrould have no objections. �
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Mr. Mnnn saicl that the only discussion he had ever
heard �7as some neighbors concern regardino a garage, I�e.
said that as long as the Eby's agreed to ada the garage
in the near future, he felt there �rouldn�t be any problems.
After much discussion regarding the fact that the
problem ��ras because of a Staff error �nd Chair�erson
Schn�bel didn't r�ant to jeopardize the �by's from
qualifying for the loan, thereUy not being able to purchase
a home, it ti�;as dcciaed that the �ppeals Commission croulc?
act on all three variance requests and in the interim
Staff rrould assist tlle petitioner in recont�cting all the
property olJners that crould be concerned and the iten �7ould
be put on the a�enda for City Council on October 3� 1977.
APPEALS COrII'fISSION t�iE �'TING - SLPTa�BER 20, 1977 Pa�e 10
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Chairperson Schnabel read a note into the minutes
from Mrs. �by explaining that they �vould like the variances
for that particular house to be constructed because at
that time they could not financially handle a larger
mortgage. She er.yolained in .the note that Mr. Eby r�as
in his second year of residency to be a doctor and that
once his residency r�as completed they �rould be in a
better financial situation and vrould be constructing a
g�'age• .
Chairperson Sc�inabel explained that the Appeals
Commission ��ras limited as to being able to make last
minute judgements and that ti�ras �rhy they decideci to handle
the request by having the City Council consider the
reauest. She said that normally the Appeals Commission
could have acted on the item vrithout the request going
onto the City Council.
AZr. Holden e�:plained that if everyone that had
to be renotified agreed in dtrriting that they tivould have
no objections to the third variance request, thsn as
soon as the City received their agreements� the request
�vould not have to go to City Council and the building
permit ti�ould be issued immediately. NotiJever, he said
that if there ti�rould be some objection or all the people
couldn't be contacted, then the item woulci �.ppear before
the City Council.
Mr. Holden said that he �ould give the petitioners
a list of the names of the people that �lould have to be
contacted and e:�actly �rhat rrould have to be agreed upon.
MOTION by A�s. Gabel, seconded by Mr. Barna, to close
the Pub�ic Hearing, Upon a voice vote, all voting aye,
the motion carried unanimously. The Public Hearing �ras
closed at 8:54 P.P�I.
Ms. Gabel said that since it �vas in Fridley�s plans
to encourage lot�er housing costs and that the �by�s do
intend to add a garage once their income increased, she
didn�t ���ant to see them held back from having their home
no�r.
Mr. Holclen said that because of the lot sizes in the
area� the house tiaould aesthetically fit into the area.
Mr. Rarna said that he i�ould have no objections.
He said that it irould be difficult to construct a house
���ith over 1�000 square feet on the 50 foot lot. He
pointed out to tlie people that �ast River Road �vas a very
travelecl road and that there ��ras much traffic problems
on the Road.
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APPFALS COA9�iISSION A'!� �TING - S�'PTI�T�iB�R 20, 1977 Pa�;e 11
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ri0TI0N by Mr. Barna, seconded by Mr. Kemper� that the
Appeals Commission approve the request for variances to the
Fridley City Code as folloti�rs: Section 205.054., 2, to reduce
the required minimum square foota�e for a house from 1,020
square feet to 912 square feet; and Section 205.055,2,� to
craive the single stall garage requiement for lots v�ith a
minimum area of 9,000 squre feet; and Section 205.053,
4b� 5a, to reduce the required 17.5 foot side yard setback
to 16 fe�t, to alloti�r the construction of a house r�ithout a
gara�e, on Lot 16, Block 1, Hillcrest �c�dition, the same
being 7165 �asi River Road PZ. �. , I'riclley Mirinesota* vrith
the stipulation that the petitioner notify the listed persons
that are renuired to be notified of th.e third variance; and
if they receive �rritten consent from the pariies concerned,
they ��ould be alloi�ed to builci. Otheri�rise, the �etitioner
t�rould have to appear before the City Council on
October 3, 1977. �
Chairperson Schnabel indicated that the reason for
the above motion ti•�as hecause of a Staff error in not
recognizing that there r�ould be a corner lot side yard
se� bac� that ti�ould require a 1.5 foot variance. She said
that the Appeals Commission felt that since it had been
a Staff oversight, they did not zrant to �ut �n.y undue
financial hardship on the petitioner rrho had to meet a
deadline for the purchase of the house in order to avoid
a substantial increase in the price of the house.
UPON A VOICE VOTE, all voting aye, the motion ca.rried
unanimously.
Chairperson Schnabel told Dr.
contact titrith I�irm Holden anci that he
what they r�ould have to do.
t�. R?�
L
VARI �tCJ O
L
& Mrs. r,by to get in
i�rould e�lain exactly
205.0
�
lV.�. � r't{1llL�Y� i�111V1V,��U'1'?�. (xeq_uest uy 'i'imm A Lovaas�
ac son ree 1.�., Fridley, Minnesota 55432).
MOTION by Mr. Kemper, seconded by A�Ir. Barna, to open the
public hearing. Upon a voice vote, all voting aye, the
motion carried unanimously. The Public Hearing �iras
opened at 9; 12 P.N1.
APPE�LS COP�(MI.SSIOAI MFETING - S� B�R 20, 197? Pa��e 12
ADMINISTRATIVE STAFF REPORT
6631 Jackson �treet NE
A. PUBLIC PURPOSE SERVED QY REQUIREMENT:
Section 205.053, 4, 6, 5, B requiring a corner lot side yard setback
of at least 25 feet for any attached or unattached accessary building
which opens on the side street. •
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Public purpose served is toallowtor 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 encroachment into
tiie nei ghfior's� �'ront yard: � � �• ' � � ' ' ' " � ' •
B. STATED HARDSHIP:
Converting present garage into living area and adding a 23 foot by 32 foot
� garage to the present house on the north.
C. AD��IINISTRATIVE STAFF REVIEW:
The side yard curves around providing a property line to proposed buildi�ng
addition disiance of 15 feet to 22.5 feet.
h7r. Lovaas explained that there ti��a.s a curved street
involved �.id that �Tas ���hy different distances vrere listed..
He said he ti�ranted io build a 23' x 32' gar��e. He said that
he cuould conv�rt the existing �arage into living area.
Mr. Lovaas indicated that they �voulc� like to leave the
presently existing drive�vay in� He said that they �rould
total].y eli?ninate the existing garage door ti�rhen they made
the area into living space, but th�t they �vould like to
use the drive��ray as extra parking space.
Cha3.rperson Schnabel said that there was a City
Ordinance tha.t �vould not alloti�r tl1�t request. She said
that they t�►ould have to apply for a separate permit to
leave the clrive ZF�aye �
Mr. Holden said that it ��rould be difficult to get the
permit sir�ce he ���as alr�ady adding a 2 stall garage onto
the house. �
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