AF-V - 46800: ,�.�.
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APPLICATION TO THE BOARD OF APPFAt.S AND CITY COUNCIL
FOR SPECIAL USE PERMIT, VARIANCE IN REQUIItEMENTS OF
CERTAIN ORDINANCES OF THE CITY OF FRID�LEY
(Applicant to complete items 1, 2, 3)
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1. Name and Addresa of AppZicant `� , ����.�
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2. Legal Description of Property (also general location, such as;''north-
east corner of 64th Avenue and Sth Street" or 6415 Fifth Streat")
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3. Describe the variance requested. (attach Plat or Survey of Property
ehowing location of proposed building, etc., also adjoining propertiea
and ownership within 200' of eaid property.)
4. C�ents by administrative official denying original requeat for buildino
permit or other permit. (To be completed by administrative official.
Appropriate ordinances and section of ordinances to be cited.)
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5. Potice of Hearing appeared in Official Newspaper on the following
datea;
(must be at Ieset once 10 days before meeting -- copy of notice to be
attached),
6. Board Membera notified of aeeting by
(I.ist Members, Date Notified, and "Yes" or "No" for plans to attend
hearing). + �
Name Dat� Plan to Attend
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7. Pereoa making appeal and the following property owners having property
within 200' notified;
By Phone Notified by
Name Date or Msil (Initial)
8. The Following Board Membera and interested parties were preaent at the
Rearing;
BOARD I��ERS
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OTHER PARTIES:
NAI�
ADDItESS
9. Opinions and recommendations by BOARD OF APPBALS;
10. For Above Reco�endations Against Recammendationa
11. Action by City Council and Date;
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OFFICIAL NOTICE
CITY OF FRIDLEY
PUBLIC HEARIN's
Bg'ORE THE
BOARD OF APPEALS
TO WHOM IT MAY CONCERN:
NOTICE IS HEEtE3Y GIVEN THAT the Board of Appeals of the City of
Fridley will meet in the Council Chambers of the City Hall at 7:30 P.M. on
Wednesday, April 2, 1969, to consider the following matter:
A request for a variance of Section 45•27
to reduce the average of the front yard
depths of eaiating buildinga from 82� feet
to 45 feet to permit the construction of a
dwelling on Lot 22, Block 2, Sandhurst
Addition, the same �eing 185 Hartman Circle,
Fridley, Minnesota. (Request-by Michael M.
Adams, 4720 Win�ard Lane, Minneapolis,
Minnesota�.
Anyone desiring to be heard with reference to the above matter may
be heard at this m�eting.
P[TBLISH: rlarch � 9,� 969
I}�NALD MITTELSTADT
CHAIRMAN
BOARD OF APPEALS
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CHARLCS R. WCAVER
MCAMAN L.TALLE
VIR61l G,MERRICK
ROOCRT,MUNNS
JAM[9 D.OlOS8
Fq[DElllGlt W.IlE13ER,JR.
LAW OFFICES
WEAVER, TALLE & HERRICK
Ma�ch 21, 19b9
Boa�d of App�als
F�idley City Hell
6431 University Avenue Northeast
Fridley, Ninnesota 55421
�l0 C�ST MAIN STA[(T
ANOKA, MINNCiOT/� 33�03
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6l71 UN1V[I�fITY AV<MU[ N,[.
FRIOICY, MIMN(�OTA 6S4s1
S�O-l��O
FII�/T STA7t MMM �y1LO1N6
COOP1 RArIDi.M1MM.6S��3
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Re: Interpretation of Section 45.27 of the Fridiey Code
Ge�tlewen:
My inte�pretation of Section 45•27 is as follows:
Tfiat if the average front yard set back of the property within 100
feet on each side of the p�operty in question is not a�or• th�n six
feet g�eater or six feet less than the �equired set back then the
set back fo� the property in question shall not be fess th.en this
average set back of the property withi� 100 fset on eithe� side ef this
prope�ty. For exaaiple: if the req�i�ed aet back is 35 fe�t e�d the
average of the prope�ties on either side of the property in que:tion
is Mithi� the rang� of 29 feet to 41 feet, then the set back for the
p�oparty in question �ay �ot be less than the average of the
properties within f00 feet of the property requesting the aet back.
If, on tht other hand, the average of the p�opertiea on either side
of the property in question be ao�e or less than the 29 feet to 4�
feet aet back, assu�ing the exawple above, the� the watter should go
to the Boa�d of Appeals to deter�ine the set back fo� the p�operty in
question.
! did not hav• anything to do with d�aftin� this section but I b�li►�
that thia ia ths wost rsasonab{e interpretatio� of the s�ction es
written. I aasuw� that the inte�t was to p��vent a per aon frow
building a house which would sit conside�ably forward of tha exiating
houses thus cutting off so�eone's view of the st�eet.
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Board of Appeals -2- March 21, 1969
1 f the present wewbe�s of the Baa�d of A�ea I s o� P 1� nn i �g Co� i ss ion
_haye.a�y aaggestions on changing this section, I would be happy to
wo�k with you in an�ending the section either to wake it �o�e clea� o�
to chenge the intent,
YCH:jjh
S i ncee�e y, j
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Virgil C. H�r�ick
City Attorney
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BOARD OF APPEALS MINIITE� OF APRIL 2.:1969
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Mr. Adams was present to present his request. Mr. Belgum, property owner on the
Eaet, was aleo prea�nt.
Mr. �da,ma wae a�ked why he couldn't move his house any further back than 45 feet.
He anewered that he would be over the bank.
Mr. Belgum; I am speaking for Mrs. Hartman and myself in saying tha.t we eupport
the propoeed location of thia house. We think it vould harmonize very we11 with
the houeee that are already there. Also, when we built our home, we were allowed
to build very close to the property line and it would look better if you xould
allow Mr. Adama to build closer to the Weet property line. We were allowed to
build close because of a diagonal storage easement on our property.
Harris: Have you talked to your neighbor on the other side.
Adams: The homeowner has talked to them and they have no objections.
MOTION by Miniah to close the Public Hearing.
Seconded by 9honen. U�on a voice vote, there being no naye, the motion carried
unanimously.
MOTION by Min�sh to grant the request on the basis that moviag further back
would be prohibitively ezpemsive and also as the homeor,►gers on either eide
have no objections.
Seconded by Harris. IIpon a voice vote, there being no nays, the motion carried
unanimously.
MOTION by Harria to receive Mr. Herricks letter of hie interpretation oS
Section 45.27 of the City Code. (Attached)
Seconded by Minish. IIpon a voice vote, there being no naya, the motion carried
unanimously.
AATOURl�Il�NT : �
The meeting was adjourned by Chairman Mittelstadt at 8:40 P.M.
Reepectfully submitted,
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MARY HI Z
Secretary
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