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SUBJECT ' '
:� City of F'ricl)ey .
AT THE TOP OF THE TWINS APPLI CAT I ON TO BOARD OF APPEALS
. � �
� � � COMMUNITY DEVELOPMENT DIV.
' 6L � ���
r � • � PROTECTIVE INSPECTION SEC.
1 � .
�4 �'��l � CITY HALL fRIDLEY • 55432 NUMBER REV. DATE VAGE OF pVpROVED BY
`-"-'�'� ,•� 812-56a3a50 '
910-F23 1 �/21/75 .1 -2 800
Nam Address Phone
� �� ,��� � �� ��� �t��� �� � �� �.��'�—� ��� �
Legal Lot No. Block No. Tract or Addn.
Description ��',� � � e !� � � L� C � �- � `��6 �� � �)
Variance Request(s); including stated hardships (attach plat o survey of property
�owing building, variances, etc. , where applica.ble) ���j (�
0 �
R� D l�G� �, �'� • ��� Fcior+�1 � �� �� �°� �'� ��'�' � � �
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. �' SeD� � i4�� D��°i� s� � v'�O�s � � � � � .
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�� .� t�%l �'� �`�8��/l��� •
� ` Date
, �
Meeti.ng Date Fee� Receipt No. Si ature ,
o. . �0,� q�4 /
Comments & Reco �iations by
the Board of Appeals
City Council Action and Date ,
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SUBJECT ��� � "
��ty of Fridley �
°�Y AT THE TOP OF THE TN11NS APPL I CAT I OtJ TO BOARD OF APPEALS
�
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� �4L �_����� COMMUNITY DEVELOPMENT DIV. �St1ff RBpOY"t�
r � � PROTECTIVE INSPECTION SEC.
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�� �'��1 • CITY HALL FRIDLEV SS432 NUMBE(i � HEV. OATE - PAGE Oi APPROVED 8�
----� . ..�
s�2-ssa3aso 910–F23 1 3/21/?5 2 2 800
Staff Comments
Board members notified of ineeting by r/% °,l� �%�`
date notified, and "Yes" or "No" for plans to attend hear
� � /I , Name
.�
John J. Gabrelick-10500 Radison Rd. Mpls 55433
M/M Ronald Skotak,490 Fairmont
M/M Bernard Scholzen,480 Fairmont
Clara Matasky-501 Ely
Robert Johnst�r�471 Ely
M/M Richard Wallace-8080 East River Road
BAS Enterpri�es-37�0 Central Ave. 55421
M/M Lawrence Butle�-8150 East River Road
Gordon Swens�on-6889 Channel Road
Shirley Schwartz-513 Fairmont
M/M Frank Steen-521 Fairmont
M/M Thomas Lyden-531 Fairmont
Raymond C. Anderson-537 Fairmont
M/M Bruce Emerson-545 Fairmont
M/M Charles Datko=547 Fairmont
Clara & Joan Simonson-549 Fairmont
M/M Micha�l Howard-546 Glencoe
M/M Homer Layo-538 Glencoe
M/M Herbert Bixler-530 Glencoe
M/M Melvin Levercom-528 Glencoe
M/M Thomas Leonard-526 Glencoe
Craig Turbak & Mary Hart-520 Glencoe
Glenn Simpson-500 Glenco�
M/M Leonard Mathison-514 Ely
Ralph Swanson-511 Ely
M/M Rich r� Dronen-523 Ely
Raymond• � �°��i��� Janice McDonald-537 Ely
M/M Dennis Swanson-524 Fairmont
Peter Milnar-548 Fairmont
Ms Ramona Boisvert-8027 Quincy Street N.E.
List members,
. Plan
. Date ITo Attend
owners havi.ng property within 200
, _ By Whom
1D�� ( Phone or Mail
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IJE'�! BUSIIJESS (CONTINUED) . .
RECEIVING THE i�ItJUTES OE= TNE PLAtJNING COMMISSION _'�� �
I��EETING •OF ��qu�us-r 23, 197�. . . , . . . .' . . .� . . , . . �3 - 3 ��1
,� 1. Discussion on Problem Building•Sites..� ................ 3E - 3�
• Planning Comm. Recommendation:` Require aitachment •
� to deed stating specific problem
Council Action Required: Consideration of recommenda- .
tion. - .
Item tabled and referred to.City Attorney fo.r reYiew. .
ACTION NEEDED: Bring back to City Council after review and recommendations
I from City Attorney . �
, �; •
0
'2. Human Resources Commission Pleeting of August�3, 1978 �
. Paratransit ......:.........:........:. .........�..... 3G. _
. Human Resources Co►�un. Recommendation: �One bus be �
� equipped for handicapped � ' . - � ' �
Council Action Required: If paratransit program is - _
implemented, prav.ide one bus for handicapped
I�0 AC7ION TAKEP�.. To be con�idered in conjunction with Paratranszt Py�oposal .
' - (Item No. 4) . . � -
0
3. A s Commission Meeting of Aug 15, 1978 �
amona Boisvert; 534 Fairmont.. ..... .. .......,�3H - 3L .
A�peal s Comm. Recommendati on : Approve .�'ec�i on .& 3P9 ' �
by neighbor
ncil Action Re uired: Consideration recommenda- .-
tion � ' - �
( Tabled indefinitely at petitioner's request. �•.
�ACTIOPd NEEDED: If request would come before the Council again, please nvtify
h1r. Swanson, }vho objected to the variance. �
CONSIDERATION OF PARATRANSIT PROPOSAL� . . . � . • • • • � � - 4 �
Tabled to Council Meetirig of September 25, 1978
PUBLIC WOR CTIOPa NEEDED: Put back on next regular agenda .�
0
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', Appeals Commission Meeting et,,,.fQ,.=a � i ayu Page 3
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a IZr. Plemel stated as long as there were no ob�ections and it is done
in gaod taste he can see no reason why this should not be granted.
;.ir. Barna agreed.
MQTION by Mr. Plemel, seconded by Mr. Barna tha.t this variance be
apuroved. Upon a voice vote, all votin� aye, Vice�Cha:irperson Gabel
declared the motion passed unanimously.
Ms. Gabel stated to the Glumacs tha.t'they can go ahead and get a
building nermit. '
The Glumacs thanked the Co�nission.
�;� 2. PURSUANT.TO.SECTION 205.OF.THE FRIDLEY CITY C�DE, �.VARIANCE HAS
��BEEN REQUESTID TO ALLOW THE CONSTRUCTIOrt OF A HOUSE AND GARAGE AT
53 FAIRMONT STREET N.E.. .THE DEVELOPMENT PLANrIED INVOLVES
REDIICING .THE .LO� SZZE FR�J�'[ A MINIMiTM OF 7500 SOUAR.E FEET TO _
O/JV Avutu�u iLL�.y ca+..,. ....... . �..... �_�� . --------
� TO 8 FEET ON THE SOUTNFAST COFSIER OF THE HOUSE. Request y
Ramona__ Boisv_a, ert�� 8027 Quincy Street N.E. , Minneapolis, P'Il�1 55�32}
Ms. Gabel asked if Ms. Boisvert was present. She was and Ms. Gabel
asked her to step forward. • .
MOTION.by Mr. Kemper, seconded by Mr. Plemel, to open the public
hearing. Upon a voice vote, all voting aye, Vice� Cha.3rperson�•C�abel
deela�.ed t�ie public hearing open at 7:47 P.M.
. ADf�SINISTRA7IVE STAFF REPORT
534 Fairmont St. N.E.
A. PUBLIC PURPOSE SERVED QY REQU�REMENT: � '
Section 205.053, 1, B, For.a lot on a plat recorded before December_29,
1955, the minimum'lot area is 7,500 square feet.
Public purpose served by this requirement i.s to avoid the condition of
over croviding of a residential neighborhood and to avaid an excess burden
on the existing water and sewer services and to avoid reduction of
surrounding property values. .
Section 205.053, 4, 6, 'l, Requiring a side yard setback of 10 foot on the
living area side of ihe house.
Public purpose served by this requirement is to main�ain a minimu�m of
2 0 fee t b e t w e e n l i v i n g a r e a s i n ad jacent structures and 15 feet between
garages and living areas in adjacent structures to reduce exposure to
conflagration of fire. It is also to allow for aesthetically pleasing
open areas around residential structures.
B. STATED HARDSNIP:
No other land available. Need variance to allow construction of home.
Appeals Commission Meeting August 15, 1978 Page 4 ��
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C. ADMINISTRATIVE STAFF REVIEW:
�
The petiticner's survey shows that a 35 foot front yard setback is allowed, t
however, to build the house shown, the Southeast cor�ner �vill encroach
approximately 2 feet into the side yard which�runs at angle. With field
measurements shovring 84 feet between the house at 490 Fairmoni and the
garage at 594 Fairmoni. There is room for a 36 foot wide house with a
theoretical clearance of 24 ft. on either side between the two houses .
now there, and the pro�osed structure. The City has granted variances
in this area in the past for lots under 7500 square feet in area.
Ms. Gabe1 asked if there was any one present in the audience for
this item. . '
Mr. Ralph Swanson, 511 Ely Street, I'ridley, stepped forward and
stated he was interested in this construction.
Ms. Boi�svert stated she had bought the house,�aext door to the property in
question and wanted to buy this property also. S:ie had signed a
purchase agreement on a contingency basis that tne variance w�uld
be allowed. She pla�s on putting a house and garage on the empty
lot. �
Mr. Barna asked what she would do with the house next door.
Ms. Boisvert stated she wanted to keep it for a while. Presently
it is rental property and she plans on updating it and eventually
selling it. She showed the Commission her house and garage plans.
Ms. Gahel stated she had spoken to the present property owners, who
live next door, and they want to sell the empty lot to Ms. Boisvert.
Ms. Gabel asked Ms. Boisvert if she could save the trees on the lot.
Ms. Boisvert stated she felt she co.uld save most of them.
Mr. Holden asked Mr. Swanson his opinion.
Mr. Swanson stated he has lived in the neighborhood for 20 years
and feels tha.t lot is too sma.11 to build a house on it. He was
concerned about it. He felt he would like to see the little house
torn down and one house built on the two lots.
Mf. �emper asked what her intentions were on the existing house.
Ms. �oisvert stated she would be updating it and building a new
house next door.
Mr, Swanson stated his only concern was he felt the lot was too
sma11.
Mr. iIolden stated there were many lots in the area that size and
it is not unusual to build on a lot that size.
Mr. Swanson stated the neighbors he talked to felt the same way as
he did.
,Appeala Commissian Meeting August 15, 19.78 � Page 5
� - -
• ` Mr. �:emPer asked Mr. �wanson if his objection was that the lot was
too small or the type of construction Ms. Boisvert wanted to use.
.
Mr. Swanson stated the house plans looked good to him.
?Tr. Kemver asked Mr. Swanson what he would like to see done.
Mr. Swanson stated as long as the little house could not be torn
down and one lot used, he would like to see nothing done - the
lot rema.in empty and the small house rema.in as is.
Mr. Kemper stated another thing that could be discussed is the
possibility of a lot snlit - picking up some property from the
little house. �
Ms. Gabel stated the present property owners had thought abouf.that
and they did not want to do it that way.
Mr. Femper asked Ms. Boisvert if she could deed over some property
from the little house and transfer it to the new house.
Mr. Barna stated the little house lot was only 50� wide and could
not be split.
Mr. Barna stated another possibility was to dem�lish the liCtle
house and build.on.the two lots.
Ms. Gabel stated that could be done but the house would then be
too ex�ensive for the neighborhood.
Ms. Gabel asked Ms. Boisvert if she had considered a different
floor plan.
Ms. Boisvert stated yes, but this was the one that would fit nicely
on that lot.
Yir. Kemper s�a.ted the question is - is the piece of property build-
able or not.
?is. Gabel asked if there were any more questions or comments.
Mr. Barna asked if Ms. Boisvert had considered a narrower house -
like two feet narrower.
Ms. Boisvert stated there might net be enough living space then
according to city codes. .
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APPEALS COMMISSION MEETING AUGUST 15,_1978 PAGE 6 `
, �
Ms. Boisvert stated it might be a problem then selling the home
because it will be too small.
A discussion was held on house size and how it would sit on the
lot.
Mr. Holden stated he thought they did not need all of the variance on the south-
east corner, but they would need some of it, so they wanted approval now, so they
wouldn't have to come back later. Mrs. Gabel stated she had spoken with the
Skotaks who would be affected by the southeast corner variance, and they had no
objection to it. .
Mr. Ba.rna asked Mr. Swanson if he still objected to the house
being built.
Mr. Swanson stated yes.
MOTION by Mr. Barna, seconded by Mr. Plemel to close the public
hearing on number 2 on the agenda. Upon a voice vote, all voting
aye, Vice Cha.irperson Gabel declared the public hearing closed at•
8:20 P.M.
Ms. Gabel explained to Ms. Boisvert tha.t this item will have to go
to the City Council because of the objection. _
Mr. Plemel stated he felt it would be more fitting to ha.ve one
building site.
Ms. Gabel stated it would be too expensive a house then.
Mr. �emper stated to Ms. Boisvert if she knew how much the home
would cost.
Ms. Boisvert sta.ted she did not have a price. Her former husband
would be the one to build the house and he has built homes for
ma.ny years in the area.
l�ir. Remper stated even though there are some objections it is his
opinion to ha.ve two nice homes in the area rather than an empty
lot and one existing home. .
Ms. Gabel asked for any comments or questions. She agreed with wha.t
_ had been said. She felt it would be good for the neighborhood.
Mr. Remper stated he felt the property would eventually be built
on anyway. �
0
Mr. Barna stated he had no objection to the lot size.
MOTION Tiy Mr. I�emper, seconded by Mr. Barna that this variance be
apgroved. Upon a voice vote, all voting aye, Vice Chairperson Gabel
declared the motion passed unanimouslq.
Ms. Gabel explained to Ms. Boisvert and Mr. Swanson that the
Commisaion will recommend to the City Council the v�ariance for
approval. It will go before the Council on September llth. Ms.
�
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F APPF•ALS COMMISSION MEETING' ' AUGUST'15, 1978 PAGE 7
� Boisvert asked if she could send a representative to the meeting
because she would he out of town.
The Commission informed�h�r,�that would be fine.
Ms. Gabel informed Mr. Swanson that he can also attend the City
Council meeting on September llth and he can notify any �ther
interested persons to attend alao.
3. P.EOUEST FOR A VARIANCE PURSUANT To �ECTioN 05 oF �: FRrnr.�.v
C�TY CODE� TO �T LOil THF ('ONSTRII('TI011T nF A NF[T HnTT�F ATSt) ATTA� ['�73�'1L
GARAGE AT 440 HUGO STREET N.E. A VARIANCE IS REQUIRED TO SET
THE HOt]SE BACK 32 FEET RATHER THAN 35 FEET FROM THE FRONT PROPERTY
LINE, �11�TD TO SET IZ' BACK 24.36 FEET FROP2 THE REAR LOT LINE
RATHER'THAPi TI� 25.59 FOOT SETBACK REOUIRID BY THE CODE.
Request bq John Doyle, President, S.�J. Construction, Inc.,
63Q5 East River Road N.E., Fridley, MN 55432)
MOTION by Mr. Remper, seconded. by Mr. Plemel to open the public
hearing. Upon a voice vote, all voting aye, �ice Chairperson Gabel
declared the public hearing open at 8:34 P.M.
Ms�. Gabel asked if Mr. Dople was present. Mr. Doyle stepped forward.
ADMINISTRATIVE STAFF REPORT
440 Hugo Street N.E. '
A. PUQLIC PURPOSE SERVED BY REQUIREMENT: �
Section 205.053, 4, A, Front Yard Setback o€ not less than 35 feet.,
Public purpose served by this�requirement is to.allow for off-street
parking without encroaching on the public right of way and alsa for
'aesthetic consideration to reduce the "building line of sight"
encroachment into the neighbor's front yard.
� Section 205.053, 4, C, Requiring a Rear Yard Depth:of not less than
25 percent�of the lot depth with no� less'than 25�feet permitted or
more than 40 feet required. �
Public purpose served by this requirment is to provide rear year space
to be used for green areas which enhance the neighborhood. �•
B. STATED HARDSHIP:
Request front yar•d setback to be 32 feet to conform with other homes on
the street and request variance from required re�r yard of 25 percent
by l.G feet. These two variances will allow hotne of future buyers choice
to fit on the lot. .
,
� �
Appeals Commission Meeting August 2;5, 1978 Page 8 �_
�
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C. ADMINISTRATIVE STAFF REVIEW:
?he portion designated as parcel "A" on the attached drawir,g aras approved
as a building site through City Council's approval of a lot split. Neights
Builders was granted a lot split on September 26, 1977. The lot is 80 ft.
by 102.36 ft. The proposed design is 46 feet deep and the petitioner'has
• chosen to split �he variance request between the front and rear yards in order
to conform more to the setbacks in the area. A different design resembling
a typical rambler would not require a variance requesi. Exact neighboring
�front yard setbacks will be available at the Appeals meeting.
Mr. Doyle explained he ha.s a buyer for a lot and he wants to build
a certain style home on this lot. He needs to cha.nge tlie variance
because of the style of home and garage. Iie is ask.ing for an
alignment of the front of the house. The buyer wants that plan
and would like to change the variance not the house plans.
Ms. Gabel asked if there was anq one present who was interested
in this item.
iSr. Gene Zuelke, 8161 Ea.st River Road, stepped £orward and stated�
he was interested.
Iir. Doyle showed the Commission the plans for the new house and the
neighbo.ring houses and lots.
P•ir. Zuelke stated his only concern was he did not want any house
close to his h�use. After looking at tfie plans he stated he ha.d
no objections to this item. .
t4r. flolden stated the one thing different about this one is the
two houses to the east are set back 35 feet. However, the house
on the north side of the street is 35 feet from the curb but the
boulevard is greater.
Mr. Remper asked Mr. Doyle wfia.t would h.e do if the Com�ission
said no to the variance cfiange.
?ir. Doyle stated he ha.d informed the %uyers of that possibility
and if the Commission decides not to approve it then_the plaas
will have to be c1�.anged.
Ms. Gabel stated she had talked to the neighbors across the street
and they had no objections.
Ms. Gabel stated the only problem she ha.d would be a rambler would
fit better.
Mra Barna stated he had no objections.
Ms. Gabel asked for any further commnents or questions.
MOTION by Mr. Barna, seconded by Mr. Plemel, to close the public
hearing on number 3 on tfie agenda. Upon a voice vote, aIl voting
aye, Vice Chairperson Gabel declared the public hearing closed at
8:59 P.M. _
ADMINISTRATIVE STAFF REPORT
534 Fairmont St. N.E.
Item #2, August l5, 1978
A. PUBLIC PURPOSE SERVED BY REQUIRMENT:
Section 205.053, 1, B; For.a lot on a plat recorded before December 29,
1�55, the minimum'lot area is 7,500 square feet. �
Public purpose served by this requirement is to avoid the condition of
o�er crowding of a residential neighborhood �nd to avoid an excess burden
on the existing water and sewer services and to avoid reduction of
surrounding property values. .
Section 205.053, 4, B, 1, Requiring a side yard setback of 10 foot on the
living area side of the house.
Public purpose served by this requirement is to maintain a minimum of
20 feet between living areas in adjacent structures and 15 feet between
garages and living areas in adjacent structures to reduce exposure to
conflagration of fire. It is also to allow for aesthetically pleasing
open areas around residential structures.
B. STATED HARDSHIP:
No other land available. Need variance to allow construction of home.
C. ADMINISTRATIVE STAFF REVIEW:
The peti�i�ner's survey shows that a 35 foot front yard setback is allo�ved,
however, to build the house shown, the Southeast corner will encroach
approximately 2 feet into the side yard which runs at angle. With field
measurements showing 84 feet between the house at 490 Fairmont and the
garage at 594 Fairmon�. There is room for a 36 foot wide house with a
theoretical clearance of 24 ft. on either side�between the two houses
now there, and the proposed structure. The City has granted variances
in this area in the past for lots under 7500 square feet in area.
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8431 UWIVER�ITY AVEF�UE N.E., FRIDLEY� M11dPIESOTA g6432
N�TICE OF' i�J�LIC HEIIRIIVG
����ice is hereby giv�n thut the
will conduct a public h�aring i
Avenue ��ortheast at 7:30 P.f�l. oi
the fol l ov�i ng :
TELEPHONE ( 812)b71-3450
l�ppeals Commission o�r the City of F•ridley
n the City Counci1 ChamLers a� 6431 University
�Tuesday, Augus.t 15, 1978, in re,yard to
Pursuant to Section 205 of the Frldley C�ty Code� a
variance has been requested to allo� the cons�ruct%on
of a house and garage at 534 Fai,rmont Street NaE.'. The
deve.lopment planned involv�� reducing.the lot size
from a minimuro of 7500 squdre feet to 6750 square feet,
and the side yard sethack from 1Q foot minimum to 8
feet-on the Southeast corner of the house,
Plotice is hereby given that all persons having an interest therein will be
�tiven an opportunity to be heard.
VTRGIfJIA SCHPJABEL
CH�IRWU�IAN
kpPEALS COP�1MISSION
Note: The Appea]s 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 Commmission with only a recommendation from the Appeals Commission.
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�.ot� 4� and 49, Block J, Ri�er �ie�r He�ghts�._Anoka Cou�tty, �innes�#�. ��� ��
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�►e h�reby �ertify that th�s is a true a�d �.correct represen4ation -of a surv�ey._of �;
fihe boundaries of the lend above .d�sc.ribed°-en� of the tocstion`=af el l bui Idi�ng� _:
if a�y, thereon, and aki visible ertcroachmer�ts•�- if:-any� from oe* on�sa'rd`tend
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t h f s l�day o.f June :�' • - 197� ' ., �.EGAN � . :. . ' �� ;
�. ' . ., . _ . _ . FIELO b,NOw�K : _ R ,
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No � 143�5 Book = No � 1�18° — 62 � by� - �4 ��
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OE9CR1 PTI O�V: k ' ,
Lots 48 and 49, Block J, River View He�ghts, anoka Cnunty, �linnesota.
we hereby cer f i f y tfiat t h i s i s a true and correct represent� t i on of a s�rvey of
the boundaries of the land abave described and of the Idcr�tion of elt bu�td�ngs�
if any, thereon, and all visible e'ncroachments, if any, frc�m or on sa�d lenci.
pated this 16fh day ot Jur+e ,1971 � E�AN, FIELD b NOwAK
� Surveyt�rs�, ` ,� 3 �
by