AF-V - 40535OFFICE OF ANO�A COUNTY
RL�CORIS�ER
Ted J. Omdahl, Recorder
The enclosed is being returaed unrecorded for the following:
Recording fee of due ( Payable to County
Recorder)
Delinquent tag not paid (Payable to County Treasurer)
No State Deed Tax stamps (Payable to County Treasurer)
No Statement of State Deed Tax Due
No Draftsman's Statement
Marital statua not shown
Signatures not complete (spelling; body and
acknowledgment not same as signature)
Recording information not completed
Acknowledgment not complete ( expiration of
commission, etc.)
No notarial seal or stamp
No corporate seal
Date of instrument and acknowledgment should be inserted
Legal description � incom lete
�Mortgage Registration Tax of due
(Payable to County Treasurer)
Certificate of Real Estate Value (Items: )
Document is not legible. Better copy required.
Name and address of grantee or other person acquiring
or claiming an interest
No AfFidavit of Parchaser of Registered Land
( Owner's - Mortgagee's ) Duplicate C.:rtificate of Title
required
Shonld be filed in County
er: ��� � � � %� ��L�=
7��' �= P� rv��° � � �c
Ted J. Omdahl
���� � �,. County Recorder
Anoka, Mn. 55303
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STATE OF MINNESOTA CITY COUNCIL PROCEEDINGS
COUNTY OF ANOKA �
CITY OF FRIDLEY
In the Flatter of Variances to increase maximum
allowable area, square footage variance and height VARIANCE
variance
Larry Clanton , Owner
The above entitled matter came before the City Council of the City of Fridley
and was heard on the 7th day of �an ar . 19�, on a petition
for a variance pursuant to t�ie City of ri ey s oning Ordinance, for the
following described property: see attached Legal
IT IS ORDERED that a variance be granted as upon the following conditions or
reasons: See City Council Minutes of January 7, 1985
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF FRIDLEr
�
) ss.
i
OFFICE OF THE CITY CLERK
I. Sidney C. Inman, City Clerk for the City of friley with an 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 WtfEREOF� I have hereunto subscribed rt�y hand at the City of Fridley,
Minnesota. in the County of Anoka on the ___j� 1�► , day of y}��,�y� , 19�.
DRAFTEO BY:
City of Fridley
6431 University Avenue N.E.
Fridley, MN 55432
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SIDNEY C. N, CITI�"�,ER�C:_ -
Variances are valid for a period of one year following approval and shall be
considered void if not used within that period. �
(SEP.L1
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Aud. Sub. #77 (Rev) 35
fih pt of 1.35 ly E of th fol des
line com at the NM cor of L.33 th N
11deg50min E a dis of 99.2' more or
less to the Rily li�e of sd L.35.
(�x parcel 5230 - Th pt ly E'ly of Nly
exten.of Wly line of sd L.33 8 Wly of th
fol des line: Beg at a point in the Nly
line of sd lot, sd pt being 421.30' Ely
�of sd �ot,the�A�ly to la poir��A�n th $.line�EQ� sd
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lU�I*I�1 by O��mcilman Goodspeed to ooncur with the recomm tion of the
Planning CQrmission ar�d cgant lot split, L. S. f84-12, the following
stipulations: (1) payment o� park fee a� $221.38; (2 register lot split
with the ��ty, upon apprwal or p�ior to issuance f a building permit;
anc7 (3) the renainc9er af Lot 4 be vanbir�ed with 5 to create a buildable
�te. Sea�r�ded by ��cilman S�neider. Opon voioe vote, all voting aye,
l�ryor Nee declared the motion aarried unanimo y.
4C.
Mr. Flora, Public Works Director, ted this is a proposal to split this
property into a zero lot line eu which is allvwed in a I�2 zone. ee
stated the purpose is to all eacii �it to be e�ld separately.
Mr. Flora stated the
stipulatfons that a pe
��nty, and a declara
sutmitted to the (5tta,�
P1 ng Commission recommended approval with the
r ee be paid, the lot split be registered with the
ion of covenants be recorded with the dounty and
NDT'ION by ��c' Goodspeed to concur with the recommendation of the
planning Cam►i ion and grant lot split, L. S. #84-13, with the following
stipulations (1) payment o� park fee of $750; (2) register lot split with
the Count , and (3) record with the Gounty and submit to the City, a
declarat' on of covenants for the properties. Seconded by Councilman
Fitzpa ick. Upon a voice vote, all voting aye, Mayor Nee declared the
motiQ carried unan�mously.
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i ��. � :���� �� � � ��« �� �\.«� _ i � i/�� r .V� �v i. � �(� � • � ._ i �� . + _
a!•�.;:�! /; : : U« : ��� .i r.:M /; � ; �.� � _: �+ � �L?�; ��.; �
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Mr. Flora, Public Works Director, stated this is a request for vazianoes for
property at 7210 East River Road to increase the maximun allawable area for
a garage f rcm 1,000 equare feet to 1,440 equare f eet f to allow the square
footage of a garage to exaeed the first floor area o� the house; to increase
the hei�t af an acaessory building f ran the maximua 14 feet to 23 feet; and
to increase the maxim�nu square footage for all accessory buildings f rom
1,400 square feet to 1,440 equare feet. p
Mr. l�lora stated the harctship indicated by the petitioner was to enable him
to store his many vehicles in a c�overed garage. He felt this would improve
the looks of his property.
l�Jc. Flora stated this lot is �obably one c� the larger lots in Fridley at
arer 29,000 aquare feet and if the varianoes were allowed, it would also be
the largest garage on p�ivate property in the (Yty.
l�lr. Flora stated the neic�bors were oontacted and �were not opposed to the
varianaes anc] indicated they would rather see this addition than a separate
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lir. Flora stated the Appeals Gommission felt the hazdship wasn't really° -
well-def ined and it was eoiaething the a�rner had created himself. They al so .�T
felt granting the varianoes may eet a p�eaedent. 8e stated the motion to �
allow the varianoes failed in a tie vate. �•
1�. Richard Hillsclale, 61 Alden Circle, stated he was the awner of the o
property behind this parcel and indicated he had no objection to the
varianaes.
1�DTION by ��cilman Fitzpatrick to grant the variances to increase the
maximun allowable area for a garage from 1,000 to 1,440 square feet; to
allow the square footage o� the garage to exaeed the f irst floor area o� the
house; to increase the heic�t o� an acoessory builclinr� f rosn the maxim�an 14
feet to 23 feet; and to increase the maximimi square f ootage f or all
acoessory buildings fran 1,400 to 1,440 square feet for property at 7210
Fast River Rpad N. E. Seaorxied by ��cilman Barnette.
O��cilmar► Fitzpatrick stated �even though there is a wnsiderable departure
f ran the a�ode, it is to the benef it o� the petitioner and hi s nei ghbo r s i n
this partica�lar case. Ae stated this is a large lot and set f ar back f rom
Fa�' River R+oad and a separate acaessoxy building behind would be very close
to the pcoperty to the west.
Mr. Flora stated the City has been attempting to support the County in
ob�taining ac�C7itional ric�t aF-way for the proposed imprwenent o� East River
Road and suggested a 15 foot easement be given along East River Road.
m�cilman Fitzpatrick stated if the petitiorier has rio objection, he would
add this as a stipulation.
Mr. Qariton, the petitioner, stated he ha�d no objection to the ease�nent.
I�TION by Councilman Fitzpatrick to amend the above motion to add the
stipulation that the petitioner grant the City a 15 foot easement for
bikeway/roadyvay imprwenents along East River Road. Seoor�ded by Councilman
Barnettre. Up�n a vofce vote, all voting aye, l�yor Nee declared the motion
carried �u�animously.
LIPQd A VOI� VO►� T1�1 CN Z8E MAIN 1�TION, all voted aye, and Mayor Nee
declared the motion carried unanimously.
MOTION by Councilman Schneider to receive the minutes of the Planning
Qonmission Meeting of Deaenber 19, 1984. Seaonded by ��cilman Goodspeed.
Up�n a voiae vote, all v�tir�g aye, lgayor Nee declared the motion carried
ur�animously.
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I�DTION by Dou�cilman Fitzpatrick to nominate �ua�cilman Schr�eic]er for Afayor
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U"IYOF
FR[DLEY
CIVIC CENTER • 8431 UNIVERSITY AVE. N.E., FRIDLEY, MINNESOTA 55432 • PHONE (612) 571-3450
November 14, 198�4
NOTICE OF PIIBLIC HEARING
Notiee is hereby given that the Appeals Commission of the City of Fridley
will Qonduet a Public Hearing in the City Council Chambers at 6431 Oniversity
Avenue Northeast at 7:30 p.m. on Tuesday, November 27, 1984, in regard to the
PolloWing matter:
Request for varianees pursuant to Chapter 205 of
the Fridley City Code, to increase the maximum
alloWable area for a garage from 1,000 square feet
to 1,440 square feet, and to a11oW the square
footage of the garage to exceed the first floor
area of the house, to increase the height of an
aecessory building from the maximum fourteen (1�1)
feet to tWenty three (23) feet, and to increase
the maximum square footage for all aecessory
buildings from 1,400 square feet to 1,440 square
feet, on Lot 35, Auditor�s Subdivision No. 77� the
same being 7210 East River Road N.E., Fridleq, MN
55�32.
Notice is herebq given that all persons having an intereat therein rill be
givea tbe opportunity to be heard at the above time and plaee.
PATRICIA GABEL
CSAIRfiOMAN
APPEALS COI�IlKLSSION
NOTE: The Appeals Commission will have the final aetion on this request,
unless there are objections from surrounding neighbors, the City staff, or
the petitioner does not agree xith the Commission�s decision. IP any of
these events oecur, the request will continue to the City Couneil through the
Planning Commission With only a recommendation from the Appeals Commission.
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Item #1, November 27, 1984
ADMIAISTRATIVI� STAFF REPORT
7210 East River Road N.E.
A. PIIBLIC PIIRPOSE SERVED BY REQOIREI�I�1T:
3ection 205.07.1B.1, limits the total floor area of all acaesaory buildings
to a maximum oP 140q square feet.
Public purpose serwed by this requirement it to eliminate the condition of
overcrowding oP residential sites. �-�
Seation 205.07•1B.3, states the maximum height for all aceessory buildings
shall not exeeed fourteen (14) feet above grade.
Public�purpose served by this requirement is to limit the height of
struetures adjacent to lot lines.
Seation 205.07.1B.4a, states a private garage shall not exceed 100� of the
first floor area_of the dwelling unit or a mauimum of 1,000 square feet.
Public purpose serv.ed by this requirement is to limit the size of aecessory
struetures to prevent altering the residential character of a building site
by insuring that the garage is the accessory structure on the lot.
B. STATED HARDSHIP:
"One of the City of Fridley's Codes limits the garage size of a personal
dwelling to 1000 square feet. I am seeking a variance to this Code so I can
store my many vehicles. I feel this would improve the looks of my yard as I
currently must leave the vehieles exposed on my property. In order to house.
all the vehicles, I will need a garage �ith 14u0 square feet�"
C. ADMINISTRATI9E ST�FF REYIL�i:
This garage Would be quite large and quite high because the petitioner wants
to be able to store his motorhome in it. The lot is large also. The Board
should determine the real need and hardship before aeting on the request.
The staPf have no stipulatioas to suggest eucept to enforce the hard surface
driveway requirement.
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That �art of L�t 35, Fevi sed ��• _
Auditor's Subdivision ��unber 77. , lying -- __
East of the following described line: �� ' //s �h�
C�.^.r�encinq at the Nort�tiwest corner of Lot 33 of sai d Revised j ��
1luditor's Subdivision P�u^�ber 77; thence N�rth 11 de�rees 50 ^�inutes East a
distance of 99.2 feet nbre or less to �e Wortherly line of said Lot 35, it bein� underst��d
that ti�e Eas t and �Jest ')uarter Secti on 1 i ne of Secti on 1�, Townshi � 3�, Ranne 24 i s a true
East and West line, accordina to the duly recorded �lat thereof on fi le and of record in the
office of the County ^ecorder in and f�r Anoka County. �•tinnesota. EXCEPT?t�G there fro^� t�iat
oart there�f lvinq '�esterly of the follo��ing described line: 3e�innin� �t a ooint �n the
1Jortherly line of said Lot 35, said �oint being 421.3P feet Easterly of thz intersection of
the said North line and the ��ortherly extension of the ��esterly line of L�t 33; thence South-
erlv to a ooint on the South line of said Lot 35, said �oint beinq 431.G feet f.asterlv of the
"�ortJrivest corner of said Lot 33 and thereby Lerminatina.
1 hereby certi fy that this pl an, survey or re?ort Nas preaared by r�e or under ny di rect
supervision and U�at I am a duly R�gistered Land Surve r under aris of the Stat� of
tlinnesnta. DatQd this 3�th day of Auqust, 1984 .i
. �� _/ ' ' ---'—
���,��Qq 945, Land Survey�
10
Not Publislyd All Ryhts Rw+eMd
\ 150 ��i . � 4Y
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COMMISSION APPLICATION
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VARIANCE ALLOWANCE
LARRY AND TERRI CLANTON
7210 EAST RIVER ROAD �.E.
FRIDLEY, MINNESOTA 55432
571-4689
NEIGHBORS:
ONE OF THE CITY OF FRIDLEY'S CODES LIMITS THfi GARAGE SIZE OF A
PERSONAL DWELLING TO 1000 SAUARE FEET. I AM SEEKING A VARIANCE
TO THIS CODE SO I CAN STORE MY MANY VEHICLES. I FEEL THIS WOULD
IMPROVE THE LOOKS OF MY YARD AS I CURRENTLY MUST LEAVE THE
VEHICLES EXPOSED ON MY PROPERTY.
IN ORDER TO HOUSE ALL THE VEHICLES, I WILL NEED A GARAGE WITH
1440 SOUARE FEET. PLEASE SIGN BELOW IF YOU DO NOT OBJECT TO ME
BUILDING AN ATTACHED GARAGE OF THIS SIZE ON MY PROPERTY.
SINCERLY,
��aJ►�J�,r�
v
LARRY CLANTON
DATE---------N,AME_------ --ADDRESS----------------- HONE � �
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CITY OF FRIDLEY
APPEALS COMMISSION MEETING, NOVEMBER 13, 1984
CALL TO ORDER:
Chairperson Gabel called the Nov. 13, 1984, Appeals Commission meeting to order
at 7:30 p.m. ,
ROLL CALL:
Members Present: Pat Gabel, Jean Gerou, Donald Betzold
Mecibers A6sent:
Others Present:
Jim Plemel, Alex Barna
Darrel Clark, City of Fridley
Louis Rosburg, Kurt Manufacturing
APPROVAL OF OCTOBER 23, 1984, APPEALS COMMISSIOPJ MINUTES:
MO_^�ON BY !�lS. GEROU, SECONDED BY MR. BETZOLD, TO APPROVE THE OCT. 23, 1984,
APPEALS COl'f1�fISSION MINUTES AS F7RITTEN.
UPON A VOICE VOTE� ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE MOTION CARP.IED
UNANIr10USLY. ,
1. REQUEST FOR A VARIANCE PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY CODE
THE SpP•j� �EING 71,Q1 HIGHWAY #6� P�.E.,, FRIDLEY. MN. 55432_ (Request by
Louis Rosburg, 7191 Highway #,65 N.E., Fridley, Mn. 55432)
MOTION BY MR. BETZOLD� SECONDED BY MS. GEP.OU, TO OPEN THE PL�BLIC HEARING.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIP.PERSON GABEL DECLARED THE PUBLIC
HEIIKZNG OPEN AT 7:32 P.M.
Chairperson Gabel read the Administrative Staff Report:
AD1�I�VISTRATIVE STAFF REP!1P.T
7�91 Highviay #65 N.E.
A. PUBLIC PURPOSE SERVED BY REQUIREPfENT:
Section 205.17.5D.5b requires all parking and hard surface areas to be
no closer than 5 feet from any side lot line, except for an approved
corr�non dri ve.
Section 205.17.5D,5a requires all par[cing and hard surface areas to be
no closer than 20 feet from any street right of way.
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APPEALS COP4MISSION h1EETING, NOVEMBER 13, 1984 PAGE 2
Public purpose served by tf�ese requirements is to reduce visual pollution
in the front yard, in areas adjacent to lot lines, and to separate park-
ing with landscaped areas.
B. STATED HARDSHIP:
"The driveway is too narrow for truck
widen the driveway from the existing
of 182 feet, which would locate it 1
The front yard parking is existing.
C. AD�1INISTRATIVE STAFF REVIEW:
deliveries. We would liN,e to
20 feet to 24 feet, for a length
foot from the south lot line."
If the Board recommends approval of the�e variances, the staff has no
stipulations to suggest.
Mr. Clark showed the Commissioners an aerial photo of the area.
Mr. Clark stated the original building was built in 1956 for a c�mpany called
Minnesota Door. That company added onto the building in 1959, and some time
after that, the building was purchased by a company called Automatic Engineer-
ing and ��lanufacturing. Since 1959, very little, if anything, had been done
in terms of ir�prov�nents.
Mr. Clark stated that
property. Since that
looks of the property.
and bring the property
concerned.
about two years ago, Kurt Manufacturing purchased
time, they have made good strides toward improving
They are now�planning to improve the parking lot
up to present day standards as far as landscapinc�
the
the
is
Mr. Clark stated Kurt Manufacturing did inherit some problems w{ien they
purchased the property. The building was built with some of the parkinq in
front. The north side of the building was the required distance from the
lot line. After the building was built, the street right of way was dedicated
causing the building to be 5-10 ft. off the north property line. Because
they want a wider driveway to get better access to the doors they have on the
south side of the building, Kurt Manufacturing is requesting a variance, They
can only get a 20 ft. driveway without the variance.
Mr. Clark stated Kurt Manufacturing has contacted the leasee to the south,
a r�obile home sales lot, and the owner of the lot, Harstad, and while they do
not have any o6jections to the variance, they did not v�ant to commit to having
a joint driveway which then necessitated the need for this variance.
Mr. Clark stated Kurt Manufacturing would like to put a surmountable curb in
along the south property line so that with the movement of trailers in and out
of the lot to the south and trucks coming into Kurt Manufacturing, the trucks
might have to drive over the curbs. The City has no objection to the surmount-
able curb, and it does provide a border between the driveways.
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APPEALS COt�MISSION ��fEETING, NOVEt�IBER 13, 1984 PAGE 3
Mr. Clark stated Kurt P�1anufacturing has been working with City Staff on land-
scaping. Kurt Manufacturing went before the Planning Corranission and City
Council for a special use permit. Because the e�stern portion of the property is
zoned R-3, they needed a special use permit to allow parking in that �-3
portion. The Planning Commission approved the special use permit with the
following stipulations. He stated these stipulations did not need to be
repeated in a motion if the variance is approved.
1. An acceptable landscape plan
2. Six ft. and eight ft, solid wood fencing in front of the loadin�
dock and around outside storage area on east side of building.
3. Six inch concrete curbing as per code
4. Approval of southerly curb location contingent upon variance
approval.
5. Special use pePmit contingent upon the City receiving a
$10,000 performance bond.
6. All improvements to be completed by June 1, 1985
7. The existing parking spaces in front of building to be reduced
from 10 to 7 and these areas be landscaped.
Mr. Louis Rosburg, Kurt Manufacturing, stated they are concerned about the
distance from the building to their lot line a�hich is 39.9 ft. The
requirement on a standard driving lane is 25 ft., and they want to be as
close to the standard driving lane as alloviable. He r�ould also point out that
the curb opening to the west is greater than the width of their driveway.
MOTION BY MR. BETZOLD, SECONDED BY MS. GEROU, TO CLOSE THE PUI3LIC HEARING.
UpON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLAl2SD TNE PUBLIC
HEARING CLOSED AT 7:42 P.M.
Ms. Gerou stated that as long as the property owner to the south does not
object to this variance and there is a temporary special use permit on the
property, she would be in favor of granting the variance.
Mr. Betzold stated it was obvious from the way the building was built and the
position of the loading dock, the wider driveway was the only way the company
rvould he able to use their building and be able to get semi's and large trucks
6ack there. He stated the Commission is simply being asked to confirm what
has already been the use of that particular property. They are not changing
anything, except to hard surface the driveway. He thought the plan made sense,
because he felt that what they were doing by approving the variance was conducive
to the use of the property to the south.
Ms. Gabel stated she agreed with that. She definitely thought there was a
hardship. She agreed with Mr. �etzold that they were not approving something
that didn't already exist. They were just approving it in an upgraded manner.
The company is also working with the City to upgrade and improve the property
as a whole, so she was in favor of granting the variance.
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APPEALS COPIMISSION MEETING, NOVEMBER 13, 1984 PAGE 4 y
110TION BY MR. BETZOLD, SECONDED BY MS. GEROU, TO APPROVE THE REQUEST FOR
A VARIANCE PURSUANT TO CHAPTER ZOS OF TY.E FRIDLEY CITY CODE TO REDUCE THE
REQUIRED SETBACK FOR PARY.ING ON SOUTH FROM 5 FEET TO 1 FOOT TO ALLOFI FOR
A 24 FOOT DRIVEWAY, AND TO ALLO�•7 PARKIP7G IN THE REQUIRED FRONT YARD� ON TNE
WEST 375 FEET OF LOT 2, AUDITOR'S SUBDI['ISION NO. 89, THE SAFfE SEING
719Z HIGHWAY #65 N.E., FRIDLEY� MN. 55432.
UPON A VDICE VOTE, ALL VOTING AYE� CHAIRPERSON GABEL DECLl1RED THE MOTION
CARRIED UNANIt40USLY.
Ms. Gabel stated that as a member of the Planning Commission, she would have
no objection to this variance going directly to the City Council so
that the petitioner migh� be able to get this work done before bad weather.
ADJ OU R�JF1ENT :
MOTION BY MR. BETZOLD, SECONDED BY MS. GEROU, TO ADJOURN THE MEETING. UPON A
VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLAP,ED TNE NOV. 13, 1984, APPEALS
CO1fMISSION MEETING ADJOURNED AT 7:51 P.M.
Respectfully sub 'tted,
.,�7'.� % c�
yne aa
Recording Secretary
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CITY OF FRIDLEY
APPEALS COMMISSION MEETING, NOVEMBER 27, 1984
CALL TO ORDER:
Chairperson Gabel c.alled the November 27, 1984, Appeals Commission meeting to
order a[t 7:34 'p.m.
ROLL CALL:
Members Present: Pat Gabel, Alex Barna, Jean Gerou, Jim Plemel
Members Absent: Donald Betzold
Others Present: Darrel Clark� City of Fridley
Larry Clanton, 7210 East River Road
Richard Lennox, 16120 Potowatomi St., Anoka
Gary Obrycki, 6267 Kerry Lane N.E.
APPROVAL OF PJOVEMBER 13, 1984, APPEALS COMMISSIOPJ MINUTES:
MOTION BY MS. GEROU, SECONDED BY MR. BARNA, TO APPROVE THE NOV. 13� 1984, APPEALS
COIIMISSIDN MINUTES AS WRITTEN.
UPON A VOICE VOTE� ALL VOTING AYE, CXAIRPERSON GABEL DECLARED THE MOTION CARRIED
UNAtJIMOUSLY.
1. REQUEST FOR VARIANCES PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY CODE, TO
equest y arry anton, as iver oa .., ri ey, n. 32)
MOTION BY MS. GEROU, SECONDED BY MR. PLEMEL� TD OPEN THE PUBLIE HEARING.
UPON A VOICE VOTE, ALL VOTING AYE� CXAI.RPERSON GABEL DECLARED THE PUBLIC
HEARING OPEN AT 7:35 P.M.
Chairperson Gabel read the following Administrative Staff Report:
ADMINISTRATIVE STAFF REPORT
7210 East River Road N.E.
A. PUBLIC PURPOSE SERVED BY REQUIREMENT:
Section 205.07.16.1 limits the total fl oor area of all accessory
buildings to a maximum of 1400 square feet.
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APPEALS COMMISSION �IEETING, NOVEMBER 27, 1984 PAGE 2 �
Public purpose served by this requirement is to eliminate the condition
of overcrowding of residential sites.
Section 205.07.16.3 stated the maximum Fieight for all accessory build-
ings shall not exceed fourteen (14) feet above grade.
Public purpose served by this requirement is to limit the height of
structures adj acent to lot lines.
Section 205.07,16.4a states a private garage shall not exceed 100% of
the first fluor area of the dwelling unit or a maximum of 1,000 square feet.
Public purpose served by this requirement is to limit the size of accessory
structures to prevent altering the residential character of a building
site by insuring that the garage is the accessory structure on the lot.
B. STATED HARDSHIP:
"One of the City of Fridley`s codes limits the garage size of a personal
dwelling to 1,000 square feet. I am seeking a variance to this code so I
cart store my many vehicles. I feel this would improve the looks of my
yard as I currently must leave the vehicles exposed on my property. In
order to house all the vehicles, I will need a garage with 1,440 square feet."
C. ADMINISTRATIVE STAEF REVIEW:
This garage would be quite large and quite high because the petitioner
wants to be able to store his motor home in it. The lot is large also.
The Board should determine the real need and hardship before acting on
this request. The staff have no stipulations to suggest except to enforce
tf�e hard surface driveway requirement.
Mr. Clark showed the Commissioners a copy of an aerial phuto of the property
with the proposed garage marked in red. He stated the lot was one of the
larger lots in Fridley at 29,760 sq, ft. so the lot coverage, if the variances
were granted, wou]d be only 12.4% when the allowable is 25%. He stated he had
asked the petitioner to bring in elevations of how the garage would look from
the front and also a floor plan of how he planned to utilize the floor space.
Mr. Clark stated that included in the agenda was a letter of recognition
singed by Mr. Clanton's neighbors.
MOTION BY MR. B1lRNA, SECONDED BY MS. GEROU� TO RECEIVE THE LETTER OF
RECOGNITION.
UPON A VDICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED Z73E MOTION
CARRIED UNANIMOUSLY.
Mr. Clark stated this would be one of the largest garages on private property,
in Fridley. To his knowledge, they have no precedent to look back on of any
other garages this large. The,one thing in Mr. Clanton's favor was the large
lot and the large setback from East Ri���r Road.
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APPEALS COMMISSION MEETING, NOVEMBER 27, 1984 � � PAGE 3
Mr. Barna asked Mr. Clanton if there was any reason why he had not considered
usi.ng his present garage for the cars he drives and putting his motorhome
and other vehicles in a second garage in back.
Mr. Clanton stated he had not realized he could have two garages.
Mr. Barna stated a second garage or second accessory building was allowed
with a special use permit.
Ms. Gerou asked if a hardship had been established.
Mr. Clanton stated the real reason why he needs this garage is that he works
for NSP and is out of town quite a lot. He would like to store his motorhome
and other vehicles inside the garage so that they are secure from vandalism
and weather. Also, he thoyght that by getting these things inside and out of
the yard, it would help make the neighborhood look better.
Ms. Gerou stated that most people do not have places to store extra vehicles.
A big problem in a lot of neighborhoods is that people go out and buy motur-
homes, campers, boats, etc., before deciding where they are going to store
these things. That is why there is so much visual pollution in some neighborhoods.
t4r. Barna stated there are 2-3 car collectors in the City who have wanted to
store their antique cars under one roof. They have had to put up second accessory
buildings with special use permits. He stated getting a special use permit can
be a long process, too, but he had a hard tfine defining a hardship in this case
of needing an attached garage when there was available space for a second
accessory building that could be totally hidden behind the existing garage
and house. By building a second accessory building, it would eliminate two of
tF�e three variances.
Mr. Gary Obrycki stated he was the carpenter contractor for Mr. Clanton. He
stated when he went to the neighbors to get their signatures that they were
not opposed to this proposal, he had also told the neighbors about the possi-
bility of a second accessory garage on the back side. The neighbors on that
side said they would rather see one full attached garage than another unattached
garage closer to them. He stated he used to be Mr, Clanton's neighbor, so he
knew all the other neighbors.
Ms. Gerou stated that by approving these variances, they would be setting a
precedent, and then everyone could come in v�anting to build a warehouse-type
building on their property. She stated ti�is is a metropolitan area, not a
rur,al area where you were more likely to see a building like this.
Mr. Clanton stated that as Mr. Clark had mentioned earlier, his lot is a
very large lot.
Ms. Gabel stated that was true, and the lot may very wel] hold the building.
What bothered her was that they have never done this kind of thing before.
The Appeals Comnission has a responsibility to the community as a whole, and
APPEALS COMMISSION MEETING,�NOVE�BER 27, 1984 PAGE 4
they do have to think about the impact this could have on the City in terms
of the future and how many other people will decide they need to have a garage
this size. There are many people who have recreational vehicles, and many
people have to rent garages for storage. As Mr. Barna had mentioned, the
City does give special use permits to put second accessory buildings in,the
back yard, sometimes quite regularly, and many times those extra buildings
are for storage of extra vehicles. �
Ms. Gabel stated she had some current concerns about the size of this parti-
cular building and in terms of the fact,that they have not done this before.
Mr. Barna stated he could understand what Mr. Clanton wanted to do, but he
could also see where it would be better to have a second accessory building
than to have an attached garage that was bigger than the house.
Ms. Gabel stated the other thing the Appeals Commission is charged with is
the hardship, and she felt the hardship was not really well defined. The
only hardship w�s something the owner has imposed upon himself by the purchase
of all these vehicles. It was not something that was natural to the lay of
the land or anything like that. So, it was difficult to establish a real
valid hardship.
Mr. Clanton stated the problem with another 6uilding in back was that the
people behind him have very exclusive homes. They would much rather see a
larger garage than a second building closer to them.
Mr. Clark suggested that if the petitioner reduced the width of the garage
from 36 ft, to 32 ft, that would reduce the height of the garage from 23 ft.
to 21 ft., making it the same hei ght as the house. The square footage would
then be reduced to 1,280 from 1,440. It would eliminate one variance and
would reduce one variance.
Mr. Clanton stated he would probably be agreea6le to these changes.
MOTION BY MS. GEROU� SECONDED BY MR. BARNA, TO CLOSE THE PUBLIC HEARING.
UPON A VOICE VOTE, ALL VOTING AYE� CHAIRPERSON GABEL DECLARED THE PUBLIC
XEARING CLOSED AT 8:10 P.M.
Mr. Plemel stated it seemed to him they were again getting into the business
of trying to redesign this man's garage, and it might not be something he wants
to do. With a lot three times larger than most normal lots and three times
the sethack of most other lots, this would not be an eyesore from the street.
Also, because there was no neighborhood opposition, he would be in favor of
granting the variances as stated.
Mr. Barna stated because of the fact that there is a large setback from East
River Road and the fact that it is on a curve and is heavily wooded on the
north lot line, people driving from both directions would have a hard time
seeing the house and garage. The people most affected by this proposal would
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APPEALS COMMISSION MEETING, NOVEMBER 27, 1984 � PAGE 5
be the people on Alden Circle who, if a second accessory building was built,
would have it basically in their back yards. The peoWle most affected by
these variances would be the people directly across East River Road, who
were a long way away.
Ms. Gerou stated that if they grant these variances, would they be setting
a precedent? TF�is proposed garage would have a great big door, and to her
that looked like a warehouse. Si►e did not like that idea. As Ms. Gabel had
stated, the hardship was not well defined, and she would not be in favor of
granting the variances.
Ms. Gabel stated she was opposed to the variances because of the two reasons
she had mentioned earlier: (1) She did not know what kind of precednet they
would be settin . If a precedent is to be set, it should be set by the
City Council. �2) She believed the hardship was self-imposed.
MOTION BY MS. GERDU TO DENY THE VAP.IANCES.
MOTIQN DIED FOR LACK OF A SECOND.
MOT,ZON BY MR. PLEMEL, SECOP7DED BY MR. BARNA, TO RECOI!1MEND TO CITY COUNCIL
APPROVAL OF A REQUEST FOR VARIANCES PURSUANT TO CHAPTER 205 OF THE FRIDLEY
CITY CODE Z+O INCREASE TNE MAXIML�M ALLOG�ABLE AREA FOR A GARAGE FROM 1�000
SQUARE FEET TO 1�440 SQUARE FEET� AND TO ALLOW THE SQUARE FOOTAGE OF THE
GARAGE TO EXCEED THE FIRST FLOOR AREA OF THE XOUSE, TO INCREASE THE HEIGHT
OF AN ACCESSORY BUILDING FROM THE 1NAXIMUM FOURTEEN (14J FEET TD TWENTY-THREE
(23) FEET, AND TO INCREASE TXE MAXIMUM SQUARE FOOTAGE FOR ALL ACCESSORY
BUILDINGS FROM 1�400 SQUARE FEET TO 1�440 SpUARE FEET� mIIT LOT 35� AUDITOR'S
SUBDIVSION NO. 77� THE SAME BEING 7210 EAST RIVER ROAD N.E.� FRIDLEY, AIlV.
55432� URGING THE PETITIONER TO KEEP THE BUILDING AS IAW AS POSSIBLE AP7D
IAG7ER THE GRADE IF POSSIBLE.
UPON A VOICE VOTE, PLEl�L AND BARNA VOTING AYE� GABEL AND GEROU VOTING NAY,
CHAIRpERSON GABEL DECLARED THE MOTION FAILED BECAUSE OF A TIE VOTE.
Ms. Gabel recommended the petitioner contact the City Manager's office to find
out when this item would go to the City Council.
ADJOURNMENT:
MOTION BY MR. BARNA� SECONDED BY MS. GEROU� TO ADJOURN THE MEETING. UPON A VOICE
VOTE� ALL VOTING AYE� CHAIRPERSON GABEL DECLARED TXE NOV. 27� 1984� APPEALS
COlfMISSION MEETING ADJOURNED AT 8:25 P.M.�
Re pectfully sub itted,
i4�.�. ,�
yneSaa -
Recording Secretary
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1�DTION by Cbuncilman Gooc3speed to ooncur with the recommenciation of the
Plannfng Camiission and grant lot split, L. S. #84-12, with the following
stipulations: (1) payment af park fee a� $221.38; (2) register lot split
with the O��mty, upon agpraial or prior to issuance of a building permitf
and (3) the renain3er of Lot 4 be aanbined with Lot 5 to cteate a buildable
eite. Seoorrled by ��cilman S�neider. i?p�n a voiae vote, all voting aye,
Mayor Nee declared the motion carried ur�nimously.
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Mr. Flora, Public Works Director, stated this is a proposal to split this
property into a zero lot line duplex which is allawed in a I�2 zone. He
stated the purpose is to allaw each �it to be sold se�rately.
Mr. Flora stated the Planning Conunission recommendec] approval with the
stipulations that a park fee be pe.id, the lot split be registered with the
Q��ty, ar�d a declaration of covenants be recorded with the County and
sutmitted to the City.
NDTION by Oo�cilman Goodspeed to concur with the recommendation of ttie
Planning Cannission and cgant lot split, L, S. i84-13, with the following
stipulations: (1) payment aF park fee of $750; (2) register lot spl it with
the County; and (3) record with the County and submit to the City, a
declaration of wvenants for the properties. Seconded by Councilman
Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the
motion carried unanimously.
4D.
; : .� « : ► I �!. �
Mr. Flora, Public Works Director, stated this is a requzst for varianoes for
property at 7210 East River Road to increase the maxim�n allowable area for
a garage fran 1,000 square feet to 1,440 square feet; to allow the square
footage a� a garage to exoeed the first floor area of the house; to increase
the heic�t � an acoessory building f rom the maximun 14 feet to 23 feet; and
to increase the maxim�an square footage for all accessory buildings fram
1,400 square feet to 1,440 square feet.
1►4r. Flora stated the hardship indicated by the petitioner was to enable him
to store his many vehicles in a oavered qarage. Ae felt this would improve
the looks of his property.
lKr. Flora stated this lot is probably one of the larger lots in Fridley at
over 29,000 square feet arul if the varianoes were allowed, it would also be
the largest garage on private �operty in the CYty.
Mr. Flora stated the neic�bors were oont�acted and were not opposed to the
varianoes and indicated they would rather see this addition than a separate
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acoessory building on the lot.
Mr. Flora stated the Appeals Commission felt the hardship wasn't really
wp11-def uied and it was sanething the o�wner hacl created himself. 'T'hey al so
felt granting the v.arianoes may set a preoecient. He stated the motion to
allaw the varianoes failed in a tie vote.
Mr. Richard Hillsdale, 61 Alden Circle, stated he was the vwner of the
property behind this parcel and indicated he had no objection to the
variances.
[�TION by ao�cilman Fitzpatrick to grant the variances to increase the
maximun allowable area for a garage from 1,000 to 1,440 square feet; to
allow the square footage aF the garage to exc�ed the f irst floor area af the
house; to increase the height of an acoessory building f ram the maxim�nn 14
feet to 23 feet; and to increase the maximtaa square footage for all
acoessory buildings fran 1,400 to 1,440 square feet for property at 7210
East River Road N. E. Seoor�ded by ��cilman Barr�ette.
O�uncilman Fitzpatrick stated even though there is a�nsiderable departure
fran the o�de, it is to the ber�fit of the petitioner and his neighbors in
this �rticular case. Ae stated this is a large lot and set far back from
Fa�t River Road and a separate acoessory builcling behind would be very close
to the property to the west.
Mr. Flora stated the City has been attempting to support the County in
obtaining additional right af-way for the proposed imprwenent af Fast River
Road and suggested a 15 foot easement be given along East River Road.
�uncilman Fitzpatrick stated if the petitioner has no objection, he would
add this as a stipulation.
Mr. Qanton, the petitioner, stated he had no objection to the easenent.
MOTION by Councilman Fitzpatrick to amencl the above motion to add the
`stipulation that the petitioner grant the City a 15 foot easement for
bikeway/roac�vay impravenents along East River Road. Seoor�ded by Councilman
Barnette. Upon a voioe vote, all voting aye, IKayor Nee declared the motion
carried iuianimously.
UP0�1 A VOICE VO"I� TAI�I CN �IE 1�Il�1 1�TION, all voted aye, and Mayor Nee
declared the motion carried unanimously.
1�OTION by Councilman Schneider to receive the minutes of the Planning
Qo�►ission Meeting of De�nber 19, 1984. Seoonded by �uncilman Goodspeed.
Upon a voioe vote, all wting aye, Mayor Nee declared the motion carried
unanimously.
v�. �� � �.�� .�_v
I►R7i'ION by ��cilm�an Fitzpatrick to t�ominate O��cilman
-7-
for ASayor
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Pro �ea for 1985.
MOTION by Councilman Barnette to cast an unanimous b�llot for the
a�ointment of ��cilman Sduieider as Mayor Pro Ten for 19 . Se�noled by
Gouncilman Fitzpatrick. Upon a voice vote, all votin aye, Mayor Nee
declared the mation carried unanimously.
�� �i:�;T�!; ���� � , �+�i�� �t��!41��_ _ !�: a� �
MDTION by Councilman Barnette to appoint Counc'lman Schneider as
Represeritative to the Anoka O��ty Law Enf orcement uncil . Seconded by
do�cilman Goodspeed. Upon a voioe vote, all voting,aye, Mayor Nee declared
the motion carried unanimously. /
'�1= 1;=�1 ±4_4_ 1�4,�� 4�
M�'1'ION by �tuicilman Fitzpatrick to appoint Mr. ernik to wntinue serving
as a Representative f or the Suburban Rate Auth r i ty , ev en tho ugh he i s no
longer on the ��cil. Seconded by Council an Schneider. Upon a voice
vote, all voting aye, Mayor Nee c3eclared the otion carried unanimously.
1�'1'ION by �uncilman Barnette to appoint John Flora as Alternate to the
Suburban Rate Authority. Seo�nded by � cilman Fitzpatrick. Up�n a voice
vote, all wting aye, Mayor Nee declar the motion carrieci unanimously.
MOTION by Councilman Fitzpatrick to appoint Councilman Barnette as
Representative arxi Cotmcilman S ider as Alternate to the North Suburban
Sewer Servioe Board. Se�onded by O��cilman Goodspeed. Upon a voice vote,
all voting aye, Mayor Nee decl the motion carried unanimously.
MOTION by Councilman B
Go�mcilman Goodspeed to
Seoonded by (b�cilman
Nee declared the motio
ar ette to appoint Councilman Fitzpatrick and
e Association of Metropolitan biunicipalities.
ider. Upon a voioe vote, all voting aye, Mayor
carriecl tmanimp�y,
M�TION by �tm ' man Schneider to appoint Councilman Barnette to School
District �14 unity School Advisory Council. Seconded by Councilman
Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the
motion car ed unanimously.
0�1 by Cb�cilman Schneider to appoint Cfluncilman Fitzgatrick as the
presentative to School District #13. Seconded by Councilman Barnette.
Upon a voiae vote, all wting aye, Mayor Nee declared the motion carried
ur�an�mously.
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C11YOF
FRIDLEY
CIVIC CENTER • 8431 UNIVERSITY AVE. N.E.. FRIDLEY, MINNESOTA 55432 • PHONE (812) 571-3450
January 23, 1985
CITY COUNCiI
ACTION TAKEN NOTICE
larry Clanton
7210 East River Road N.E.
Fridley, Mn 55432
On �anuary 7, 1985 , the Fridley City Council officially approved
your request or variances to increase the maximum allowablQ area fQr �gar�e
to exceed the first floor area of the house incre,�se�he ht. to 23 ft_ & increase
with the fo]lowing stipulations: �$x�m�r��s�quare f�ot�ge for all accessory buildings
, quare ee .
1. Provide a 15 ft easement for bikeway/roadway improvements along East
River Road (see attached)
If you have any questions regarding the above action, please call the Planning
Department at 571-3450.
Sincerely, ,
02.��1/
JAMES L. ROBINSON
PLANNING COORDINATOR
JLR/de Please review the noted stipulations, sign the statement below and
return one copy to the City of Fridley.
Concur with action taken.
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Quit Claim Deed. I"Olill NO. 28-M. ^�'�'� r-ua. u �o., nunncap..��•
lndiwdud to Coryoratioa --- -- -- --- __ __�linn��uca lini(unn Com•e�vncinµ Blanks (Rcvi+cd 19'� "�
----- I
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'�� ~ ' .....dab Of ...............................................................� 19............� I
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bet�ucen ..l..a.rry....I.......G1.an.ton...-...A..S.in.gle...Pe.r.son._ ............................................................................................................................. :
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.....and State of............Minnes.o.ta ......................................................
of thc County of .....................................A�l kS........................... ,
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pa,rt ..x...... o f iiie �'crat part, and......... �?. tY.... p f.. F.r..?..d.l eY ........................................................................................................................ � i
............................................................................................................................................................................................................... �
................._...._...... o the aecand rt
a. �omi�������un,�ler tiu Zawa of the State o M.it1AESDtd ........................................., Pd�J f 1°O� '
f .............
�tneg eti�. That the said part.�[.•..•�.� of the first part, in consideratio�r. of th,e aurri of
One Dollar �t 00 and other valuable c.�.n.�i.d.�.r..a�.�an.�.-.-.-.-:-.-.--.---.-.-.-.-.----.----.-�oLLRRS,
, ....
� ............... .......................................... ............... . .
. ... ........................... . . .
to ...........................................................in hand pa.id by the said party of the second part, the receipt wh,ereof is
hereby acknowledged, do .•••-•.•.•• lzereby l3rant, Bargain, Quitclai�n, dsid Conve� unto tice said party of
th,e second part, its successors and as�ig�+,s, Forever, all ihe tract...... or p¢rcel...... of land lying and bein�
in ihe County o� .............Anoka........................................................d� Sta�e op Minnesota, described as follozas. tawit:
A 15 Foot Street and Utility Easement described as being the Westerly 15 feet
of the Easterly 48 feet of Lot 35, Revised Auditor's Subdivision Number 77.
NO STATE DEED TAX REQUIRED
0
The City of Fridley hereby accepts this Street
and Utility Easement.
DNEY C. INMAN - CITY CLERK
� �o �abe ana ro�ota t�e �am�, To�ether ieitli c�il th�� hc7•eclitai�zents and appurtenances tltere-
� �en.to belonsin� or in �znfcese, apperfatnin�, fo t1�c snid part� of tlze seconcl part, its srcccessors a�zd ussifn•s,
� Forever.
�ltc �egrimonp ��lereof, Tlze �aid part _... ol the first part Iza .. herezento se.t
h2ncZ .. thc daJ antl �car jrrst abot•c :r.•ritfen.
�
_ _. _..._... _ . .. ... .. ..... ... ........... ......... . ................ ... ...
..... . .......... . ..... ................................... ...... . ........................ ... .... .... ..
................. ..... ............................ ................ .. ............... ................. ..
.. .. .. .... .. . _.. .. ........ ...._.._................... ............................. .
i
. • CITY OP FAIDLEY. SU9JECT
�6431 UNIVEASITY AVE. NE•
� FRIDLCl/. MN. 69432 [6'127 671-3050
VARIANCES
� � �� � �-`�r� �� =f �...�- ��^�"� <'_� DATE f�"%' fr. ,�"�
APPEALS COt4MIS5I0N:
CITY COUNCIL REVIEW:
CITY COUNCIL:
STIPULATIONS:
APPROVED DISAPPROVED,_ DATE l��Y' NO.,�_
REQUIRED: ,.YES
APPROYED DISAPPROVED DATE N0.
�
. . - .... ... . . .... .. .
,� , �
�E ����=; � c� ���� ,i �� �� FEE � �" RECEI PT No. I l
� .
� . LO_ T N0. BLOC_____ K N0. TRACT OR ADDITION . .
LEGAL QESCRIPTION: �!%�� • ���"� ��'� � � � �. � - � ��_
.
VARIANCE�REQUEST(S): (Attach plat or survey of property showing building, variances,
etc., where applicable)
���'i2 � GG� � �� � � - �r�� �', r�1--r�. �e,t.s � l�' �f s�v�d'-�
J--,�,v✓ r � �� .� �'� .
Section(s) of the City Code: � ��� .'� ° ��..� �
List spec.ific hardship(s) which requires the variance(s): � ��s�-�
DATE��% - � S�iLI SIGNATURE � �— •
ADDRESS Z'� l I�J f �17' �_ TELEPHONE NO S 7��j �
.
. ..
r�IANCES • FOR C1TY USE ONLY .
Board �mbers notified of oeeting by November 21, �1984 — . li�t Q�ead��r�
date eotified, and •Yes" or "ho' tor plans to atten hearin�.
' ' • Plan
Mame • • O�ate� � To Attend
Patricia Gabe1 . 1 2 84
.
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rersoi noxing appeai an
notified: �
. � ��
• . ��
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oliouing property otimers havin9 property within 200 feet =
Name • By Whom
Pho e. r M�ail No ied
oan Thomas 40 L,ogan Parkway, Fridley �- 1� I�a�� �I�
- . . . . - . --r
onal d Enyebri t 60 Lo an Parkwa Fri d 1 ey _ "- �� "
_. . " '^ " (
enneth Johnson 80 Loqan Parkwav,_ Fridley •
ic{�,r�i HPltnn � A1den�Gircle Fridlev " �� " -
ichard Hillside 61 ATden Circle, Fridley �� �� ��
John Snider 81 Alden Circle, Fridley
,P9artin P�islev 1Q5 - 714 Way, Fridley • �
John Dady u 165 East River Road�; Fridley
�ichard Smallwood 7180 East River Road, Fridley
,��ward.St�,i�,k 7181 East River Road, Fridley �
Donald Lennox 7201 East River Road, Fridley
-______.__...
Jay Perttula 7215 East River Road, Fridley
,William Hill 7217 East River Road, Fridley
Dani.el Mueller 7221 East River Road „ Fridley
__.�___.._
David FoX 7231 East River Road, Fridley
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Valeria Obrycki 7234 East River Road, Fridley
Larrv Clanton 7210 East River Road, Fridley
___._.____, __._._
�arrel Madsen 7819 Universit.v Avenue, Spring Lk
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ar Clanton
er oad
�, � Requested Variances
Variances Approved��with the stipulation
that he provide a 15 foot street and utility
easement along E. River Road.
Clyde to write up easement
Dorothy to send letter telling of approval and
also that Mr. Clanton needs to sign the easement
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