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AF-V - 46800: ,�.�. � �- 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) �� � I' �� , 1. Name and Addresa of AppZicant `� , ����.� � ��i r ' � , av 5�" 2. Legal Description of Property (also general location, such as;''north- east corner of 64th Avenue and Sth Street" or 6415 Fifth Streat") ���� � / �' a�- _- .-u , �t� -�r_ -� � ,�-11��C.t..- 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.) � �:, ;.. ,. r - 2 - 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 —� 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 � ..» ' - 3 - 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; " : f f ; rG� � �r �s� Z� �; .� � .� � � �, ?; � � t � py -� ; �� , � U ' �� ; p �: ^� ; � a ., , _ _ __ �— ; � � i i . ' % LJ : l � ��; � �,,,r..-.�,.,,.�^_„'_ .. � / J i I � � �,� :� ��- � � _ _ _ - _ ,�: � � �-- i � � � � :; �����. � f_,.! _/ �i , - _� ., �>� i �. ' � �� � _�__ � f; ___ _ � �; ,_ , �-� :-; ~ i ;� ;l ' L _ �_ s� � G�� �� � � � � ,� ����� � �. ..., ���-, �:z.,-�U• " � ` � _. �,_. �� � r i�2�,j,'+ � �': � / � -, '! � 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 , ; _ _� _� � 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 �=I-i�ii 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 7s{-1f�0 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. _ - � "•�... .. , , : �....:�_.�.... ...�..-- _ .� .�° . * +J 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 ,-. �. � Virgil C. H�r�ick City Attorney , L ` c1 PACrE' 2� BOARD OF APPEALS MINIITE� OF APRIL 2.:1969 � 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, �v MARY HI Z Secretary �-�� : r