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AF-VAR - 40960_�. � �U�J�CT - G�TV ID� ��IDL.EZI/� OT �d�NN��O�J'A E61a� s71-34so pwtment N s�oo� •PUBLIC WORKS/CODE ENFORCEMENT APPLI CAT I UN TO APPEALS CO(�1(�I SS I C1id yer ev apa Approved by Date 910-F23 2 1 of 2 800 7-17-79 ��. �� i �'�� 4 �� y-OC6 S" �� yl = 9-� �Y��-� Legal Lot No. Blo�k No. Tract or A�ddn� �9_ �� Descri tion /�� Variance Request s: attach �lat or survey of property showing bui ding, variances, etc., where applicable) �e re uest ermission to construct on the East River Road side of our lot a ft. wood fence a ro�, 20 ft lo , The �ence would be so situated so as not to obstruct„ East I�.v� Road �,.�- �i�°�� Rickard Road motorist�. � List speclfic hardship(s) which requires the variance(s) '� ', The fence is needed because of noise created b9 heavy trafffic flows. In addition to noise abatement, the fence would offer a greater se se af privac�. � e e � � - ��e �, �;� ,� �' /� 1eeting Date Fee Receipt.No. Si natu� �,�� _ r �� ,. � - - Comm�nts & Recommendations by �;;.' the Appeal s Corr�ni ssi on 0 d ty Council Action and Date e ° � �� PPLICATION TO APPEALS COh1��1ISSIUN �: �� o� ��e��, �� (Staff Report) PUBLIC WGRN.S/CODE ENFORCEMENT Staff Camments: 910-F23 1 2� 2 of 2 l 800 �� oafo �_i�_ . . 9 Board members notified of ineeting by l/ -� ° t�d�e f10fi7 fl ECI, and "Yes" 01" °�0° for pl ans to aiter .�% � �, , . Name � �� Person mak�ng appeal and notified: _� , ,.- � ' . List members, aring. P7an � � �,D��te �� To Attend / ollowing property owners having property witfnin 2G0 feet M/M Heinrich Kent, 146 Craigway N.E. — M/M Richard Brisbois-132 Craigway N.E. — Margaret Hendley-118 Criagway N.E. M/M Gary Foote-7627 East River Road — M/M Gerald Schmit-7649 East River Road • —� M/M Vincent Fierke-7619 East River Road — h1/M Thomas Stevenson-7601 East River Road —' M/M Patrick Meade-7625 East River Road � M/M William Baumgartner-7517 East River Road ^ M/M Leslie Miller-7560 East River �oad — M/M Jeffre,� Almen - 7600 East River Ro�ld "—' M/�I David Olson-119 Rickard Road N.E. M/M Roger Kruse-129 Ric��rd Road N�E. —' M/M Frederick Anderson-1�9 Rickard Road N.E. M/M WillTam Witkowski-100 Ric�ard Road N.E. ~ Kay Kop�=108 Rickard Road N.E. M/M Ralph Peterson-116 Rickarol"'Road N.E. � i�/h1 Joseph Flaherty-124 Rickard Road I�.E. M/M Harold Dahlberg-132 Rickkard Road N.E. "� M/�M Dennis Ottem-142 Riclaard Road N.E. Date Phone or Mail 3l �a - By 4:hom Notifieci -. . .. .." —._ _' ��-,a� � W 11{iV111Y1 Vi'�d . . r�:'-'•_°`�+ � CITY OF FRIDLEY 8431 UNIVERSITY AVENUE N.E.. FRIDLEY, MINNESOTA b5432 TELEPHONE ( 612)571-3450 October 31, 1980 NOTICE OF PUBLIC HEARING is hereby given that the Appeals Corrunission of the City of Fridley duct a public hearing in the City Hall in Community Room II (lower t 6431 University Avenue Northeast at 7:30 P.M. on Monday, November � in regard to the following matter: Request for a variance pursuant to Chapter 205 of the Fridley Cidy Code, io increase the maximum height of a fence in the front yard from 4 feet to 7 feet, to allow the placement of a wooden fence along the front property line for 120 feet, on Lot 1 and lA, Block 1, Garten's Addition, the same being 7600 East River Road N.E., Fridley, Minnesota. Any and all persons desiring to be heard shall be given an opportunity at th� above stated time and place VIRGINIA SCHNABEL CHAIRWOMAN APPEALS COMMISSION Note: The Appeals Commission will have the final action on this request, unless there are objections from surrounding neighbors, the City Staff, or the petitioner does not agree with the Commission's decision. If any of these events occur, the request will continue to the City Council through the Planning Commission with only a recommendation from the Appeals Corrunission. � Item i�l November 10, 1980 ADMINISTRATIVE STAFF REPORT 7600 Ea.st River Road N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.154, �i�3, 2nd paragraph, requires a ma.ximum height of fbur feet for an.y fence or wall within the limits of front yards. Public purpose served by this requirement is to prevent obstructing visibility for motorists, to prevent visual pollution in a residential area, and to prevent obstructing the adjacent property owner's line of sight. B. STATED AARDSAIP: "We request permission to construct on the Ea.st River Road side of our lot a 7 foot wood fen.ce approxima.tely 120 feet long. The fence would be so situated so as not to obstruct the vision of East River Road and Rickard Road motorists. The fence is needed because of noise created by heavy traffic flows. In addit ion to noise abatement, the fence would offer a greater sence of privacy and allow us to use the large open. area in the front yard. We will tie into the neigh�or's fence." C. ADMLNISTRATIVE STAFF REVIEW: This lot in on theno�.thwest corners �f Rickard Road and:=.East :.Riv�r_,Road. The lot to the north ha.s an existing 7 foot fence running alox�.g their east property line (East River Road). Both houses now ha.ve driveways.eaciting onto East River Road and the applicant will be moving his drivewa.y to exit onto Rickard Road when the fence goes up. The petitioner has staked the proposed location of the fence. It will be approximately 10 feet inside his Ea.st property line and will bend westerly at the south end. As long as the fence is located outside the 25' triangular vision safety control zone, the staff ha.ve no stipulations to recommend if approved. RNTI 316.5 MN. (12-77) TA 265972 J af f,. ey I. A'.men Lot l. and I:ot Ot�.e A, 1, Garten's �A—di,tion I, .1 . �' . : �J~ , ' . � 'i �� `�� , ✓ .�" � EI�DORSEN[ENT ISSUED BY Pior�e�r P�a�ional Ti�I� Ins��r�nce Company Attached to and forming a part oG Policy of Title Insuranc� � k '; � �- �.� � �' � / v �. / O ` m . � (. o I • , • � G _ � � � ---- P � 0 � �s � � 7 `� � � � r H : .1 , • M . - � . Lo� � q S 3' � J . �i.0'r j ; �, s . ca' � s 4 � � ' �� • \�� pAfl �_ �� v �— _.._.--------------- -------- ('Z �c.'ECARb . __ _. ,. � The sketch above indicates correctly the size and dimensians of premises described according to those records which under the recording �laws impart constructive notice as to - said land, but cannot be used for determining property lines necessary for building fences or� settling property line disputes. The Company certifies that the buildings situated on the�above described reai estate are located on and within the boundaries of said premises and that the buildings located on the adjoining property do not encroach upon subject premises. The total liability of the Company under said policy and any endorsements therein shall not exceed, in the aggregate, the face amount of said policy and costs which the Company is obligated under the conditions and stipulations thereof to pay. This endorsement when countersigned below by a Validating Signatory is made a part of said policy and is subject to the schedutes, conditions and stipulations therein, except as modified;by the provisions hereof. _ f Nothing herein contained shall be construed as extending or changing the eifective date of said policy, unless otherwise expressly stated. � IN WITNESS WHEREOF. Pioneer National Title Insurance Company has caused its cor- porate natme and seaf tv be hereunto affixed by its duly authorized otficers as of the date shown herein, the effective date of this endorsement. . • Dated: August 11, 1980 - r i -- � ; �.�� • � .� ' ' !�� t•+`: Countersigned: t �� , Pioneer idational Title tnsurance Company by . � � .�-� �! �`\`\� � �� - - Preside�t i. �:. Attest , . _, Secretary � m . _ __ _ ___-..v----t---= _ _ f • -, �ss-c �t�:�cr .,�.,� c t��t,. �,c1R1=��1:t1-'cc� a:� .•�: , �.. _ - �� . �� G,� � /�./� City of Fridley � APPEALS C(TMt�tISSION MEFTING - MONDAY, NOVEMBER 10, 1980 Page 1 CALL TO ORDER: Chairwoman Schnabel called the Appeals Co�ission meeting af rlovembeY 10, 1980 to order at 7:3J p.m. R4LL CALL: Members Present: Virgi.nia Schnabel, Alex Barna, Dick Remper, Jim Plemel Members Absent: Patricia Gabel Others Present: Clyde Moravetz, City of Fridley APPROVE APPEALS COMMISSION MINUTES: OCTOBER 14, 1980 MOTION by Mr. Barna, seconded by Mr. Kemper, to approve the Appeals ComQnission minutes of OctoYier 14, 1980 as written. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN 5CHNILBEL DECLARED THE MOTION CARRI.�D UNANIMOUSLY. l. VARIAIdCE RF;QUEST PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY CODE, TO IN- CREASE '�'HE . MAXIMUM HEIGHTS• OF A FENCE II�I THE FRONT YARD FROM 4 FEEI' TO 7 . FEET, TO Af.,I,OW TIiE PLACEMENT OF A WOODEN FENCE ALONG THE FRONT PROPERTY LINE FOR..1�.0 FEET, OAS LOTS 1 AND lA, E;_,�CK 1, GARTEN'S ADDITION, TYiE S;�'LE BEING 7��0'-{'�:AST RIV'ER ROAD N.�.._ (Reqc��Q�- �by Je�frey Al�en, 7600 East ?.iver - Raad N.E., Fridley, Minnesota 55432?. Je�frey and JoAnn Almen, 7600 East River Road, Fridley, N�T, and Margaret Hendley, Z18 N.E. Craig kay, FridJ.ey, NIN were present. MOTION by 4Ir. Kemper, seconded by Mr. Barna, to open the public hearing. UP�N A VOICE VOTE, ALL VOTING'AYE� CHAIRWOMAN SCHNABEL DECLARED THE PUBLIC HEARING OPEN AT 7:40 P.M. Chairv�oman Schnabel read the Staff Report: ALrfINISTP�iiflV� STArF Y.EPORT 7600 �a.�t River P.oad N.E. A. PIJFiLIC PUP1'C1STa S�F.VI,D BY RBQUIF.ErIfii�T'i:: Section 205.:�5�f, 413, 2nci paragraph, requires a maximum hei�ht of four feet for any fence or wall within the limits of front yards. ' Public purpose served by this requirenienr is to prevent obstructing visibi134y far motorists, to prev�nt visual �ollution in a residential area,.and to prevent obstruct•Lng the adjacet.t property o�,mer's li.ne af sight. �� , �� - - - APPEILLS COMMISSION MEETING - November 10, 1980 Page 2 �� $. �STATEU 11AT'.T)SiITP: . "t�'e r.equc�t per.riis�:ion Co coi�ctr�ict on the 1,.i,�t P.iver P.oad side of oeir lot a 7 foot i�ood fencc apprc�*;imatcty 120 fcet long. Th�� fulce would be so situated so as not to obstruct t1►e visi.�n oi East River Poaa and P.icb:ard F�oad notorists. The fence ie> necded hecat►se of noise crcated by heavy'tra.ffic fJ.r��s. In �.ddition tc> noise abatemc.nt, the fence �.aould offer a greater sence of pri�::�cy and allow us to use the large open area i.�z the front yard. We will ti.e 3�tto the neighbur's fence." C. !�?•fINISTP.��TIV� STAFP FS:VI�t,]: This lot in on the north4�est corn�r� of Rickard F.oad and: East _River �F.oad. The lot to the north has an existing 7 foot fence runn3.n� along their east property line (East R3.ver Road). Eoth houses now have driveways exiting onto East River Road and the applicant will be moving his driveway to exit onto P.i.cka.rd R�ad when the fence goes up. The petitioner has staked the proposed location of the fence. It will be - appro�imately 10 feet inside his �ast prop��rty line and will bend westerly at the south end. As long as the fence i� lo�ated outside the 25' triangular� vision safety control zone, the staff have no stipul.ations to recommend if approved. Mr. Moravetz sho�•ed the Commission aerial photographs and photographs he had. taken of the area. Chai.xtvoman Schnabel was �oncerned with trees in the�area and� was the fence_ going to contribute to the wist�al obstruction. Mr. Almen s�-ated that the fence w�ill pose no more obstruction as it will cursre and go behind the vision of the driver and Mr. Clark staked part of the fence behind the trees. He further stated that they will be changing the driveway to Rickard Road and that the mail bax will be moved off East River Road and that this fence would allow them to use their large front yard and give them privacy and noise abatement. Mr. Moravetz stated that the proposed fence would be less obstructing than the existing fence. Mr. Kemper asked if they would be sodding ov�r the old driveway and asphalting the new one. Mr. Almen said they would be doing that. At this ti.me, Ms. Hendley, expressed serious concern regarding fencing posing a safety problem in that area, especially turning in the early morning heavy traffic.. 3he has lived in the area for 12 years and feels it is definitely a hazard traffic area. She further stated that visibility is i.mpossible in the winter with the snow banked up against the fencing and that there should be a serious safety study made in the area. � Mr. Sarna suggested that someone call Jim Hill, the Public Safety Director for the City of Fridley, and invite him to drive ont to the area. Mr. Moravetz stated that he had received a call from a lady living on Rickard Road who was cancerned about the fence and she thought �it would be okay wh�n she found out how far the fen�e was from the intersection. Mr. Almen said they would be willing to make any adjustments necessary. • MOTION by Mr, plemel, seconded by Mr. Kemper to close the public hearing. UPON A VOICE VOTE, ALI, VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE PUBLIC HEARING CLOSED AT 8 P.M. -� � APPF.�LS COMMISSION MEETING - November 10, 1980 P�c�e 3 s y y'T MU'.rION by Mr. Kem�err_secanded by Mr. Pl�ne1, to a�prove thr� variance request to increase the maximum heights of a fence in the front yard from 4 feet to 7 feet to allow the pl:acement of a wooden fence" �0 fe�t west of the front property l�.r fa.r 120 feet, on Lots 1 and lA, Block 1, Garten's Additian, the same being 76G0 East River Road, Fridley, MN, with the �tipulation that Jim Hi11,Public Safety Director of the City of Fridl�y, look at the staked area on the corner of East River Road an.d evaluate the plans to determine whether or not the plans con- t=ibute to a safety problem. UPON A VOICE V�TE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE MGTION CARRIID UNANIMOUSLY. VAR.IANCE FcEQUEST PURSUANT TO CHAPTER 2 THE SIDE i'ARD S��A TO 15 FEE'I', TO ALLO 'LOCATED O. LOT l, B PANORAMA VENUE N.E � Fridley, .�nV 55421) . : ON A CORNER LOT F R A 2O FT. BY 22-1/2 F` � K 5, CARLSON'S S ( quest by Merle S : �F THE ANY A . CITY �ON TO AN EX SOUTH, THE 5 Panorama A . TO REDUCE EROM 25 FEE'� NG GARAGE, BEING 225 e N.E., Merle and ,7oan Soland, 225 Pano�imma Avenue N.�E., ridley, and Grace and Bill Merry, 212 Panorama Atenue N.E., Fridley�� were present • n�` 9 ° MOTION by Mr. Y. per, 'seconded by M�.. Plemel; to ogen the public hearing. UPON A VOICE VOTE, ALI� VOTING AYE, CHAIRWOA�" SCHN EL DECLARID THE PIIBLIC Fi�ARING OPEN AT 8:05 P.M. � � ; Chairwoman Schtia�el read the Staff i A. PIJBLIC PUF.PC B. C. 225 Panorama SERVED BY A Section 205.b53, Sb, requires y att v,�hich op��s n the side stree (of a the propeY:ty line on the sid street. Public purpo e served by 's require without encr aching on the pUblic rig consideration of the neig orhood not front line of sight. STATID HARDSIiT�P : "The existing the addition The exist�ng a side street (3 3rd Street put addition �aill ; northi and wil back faces 3r mak.iny the b ' lot li.ne, w ic rage s 15 feet from t line with this garage. e a hed garage is non-co Streetj property line g the building 26 fee added onto the back o be 30 feet from the ba treet and is sezback 3 ing 45.3 ft. from the leaves 45.7 ft. betwee. If the Co�(mission approves tlu.s reques / with the;approval. REPORT N.E. ed or unattached accessoity biaildi.ng ner lo ) to be at Ieast 5 feet from � t is to a low for off-st eet paxking of way an also for the esthetic encroach nto the adjace�,nt neighbor's property�lin� and we wan�t to keep Eorming as it is only 15 eet from the There is an 11 foot bou evard on from the curb. The 20 f. by 22.5 ft. the gara�e (along 3rd St� eet and tu the c property line. The ho�se to the .3 ft. from the 3rd Stre�t property line urb line, 15.7 ft. from. the common structures. �we have no stipulations to suggest APPEALS COMMISSION ME�TING -�November 10, 1980 Pa e 4 Mr. Moravetz showe3 the Commission aerial photographs and pictures taken of thd `= area and pxoposed addition. Chairwoman Schnabel asked if the addition was for ?� more garage or living spaCe. Mr. Soland said it would be for additional garage space for storing of vehicles. He said they v�ould �e using the same driveway. The garage will not be heated. Chairwoman Schnabel asked if he would be doing any mechanical work in the garage and Mr. Soland stated that he fixes his own cars and his woodworking tools would be stored in the garage. Chairwoman SchnabEl said the existing garage is 540 sq. ft. and the addition would be 440 sq. ft. (total 980 sq. ft) and that the house and breezeway (living space) is 904 sq. ft. She said there will be more garage space than living space. Mr. Soland stated that the roof will cTo the opposite direction of the present roof. Mr. Merr� s�.ated that he had no objection to the addition. Mr. Kemper said he had a questian about the stated hardship on the Staff Report and that it really does not address the matter. Mr. Soland stated that he did not want the addition to cover his breeze- way or his kitchen. Chairwoman Schnabel agreed that the stated hardship in the Staff Report does not really address the question. She also noted that thsre may be a problem in the future should the petitioner sell and the new owners turn the addition into a repair shop or something; the wrong business.could be a problem in the neighborhood. MOTION by Mr. Barna, seconded by Mr. Plemel, to c�ose the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNAI�sEL DECLARED THE PUBLIC HEARING CLOASID AT 8:21 P.M. MOTION by Mr. Plemel, seconded by Mr. Barna, to approve the variance request to reduce the side yard setback on a corner lot for any accessory building from 25 ft. to 15 ft., �o allow a 20 ft. by 22-1/2 ft. addition to an existing gar?ge, located on Lot 1, Block 5, Carlson's Stinnmit Manor South, the same being 225 Panorama Avem.ae.. N.E. , Fridley, NIN 55421. UPON A VOICE VOTE, ALL VOTIPIG xYE, CHAIRWOMAN SCi�i�iBEL DECLARED THE MOTION CAR2t� UNANIMOUSLY. {" • -- 3. VAF.IANCE REQUEST PURSUANT TO CHAPTER 205 OF TI� FRIDLEY CITY CODE TO REDUCE THE SIDE YARD SETBACK ON THE LIV_TNG SIDE OF A DWELLING FFOM THE REQUIP.ED 10 E°I'. TO 5.8 FT. TO ALLOW A 20 FT. ADDITION TO AN EXISTING HOUSE, LOCA'?'i'sD ON IATS 1, 2, 3 AND 4, BLOCK P, RIVERVIEW HEIGHTS , ALOt7G irJITH THE SOUTH 2 t"'." . OF LOTS 48, 49, AND 50, BLOCK P, RIVERVIEW HEIGHTS, THE SAME BEING 8?70 BROAD AVENUE N.E. (Request by William and Suzanne Berglund, 8270 Broad Avenue N.E. Fridley, MN 55432?. William and Suzanne Berglund, 8270 Broad Avenue N.E., Fridley, were present. MOTION by Mr. Kemper, seconded by Mr. Barna, to open the public hearing. i7PON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMP,N SCF3I�TABEL DECLARED THE PUBLIC HEARI1�Ir OPEN AT 8:25 P.M. Chairwoman Schnabel read the STaff Report: ADMINISTRATIVE STAFF REPORT 8270 Broad Avenue N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.053, 4B, requires a minimum side yard setback of 10 ft. for living area. ' � _�