The URL can be used to link to this page

AF-V - 47030ClTY OF FRIDLEY��` ��, ga31 uN�v�smr AvE. a.E. _ FRIDLEY, MN 55432 (612) 5T 1-3450 2w�� fG�� VA�RIANCE REQUEST FORM YAHIANCE # g? '" ° ��1 j - YARIANCE FEE � . � � RECEIPT # � �%i��' � SCHEDULED APPEAI.S MEETING DATE � � � PROPERTY INFORMATION PROPERTY ADDRESS � � � � � � �� ' � L�GAI. DESCRIPTION: LOT �,_ BLOCR / TRACT/ADDITION / � � /4 �� ° � � 1 � � S � � S � PRESENT ZONING VARIANCE RDQUEST(S): Attach a plat or survey of the property shawing building, � variance(s), where applicable. Seetion oP the Code: List speeific hardship(s) which require the variance(s): /�2 t- S. ELr� E<<-- h�- s r4 /4 // L� g v "7% w� r- d s C� e� s C L� T T�.,, J4-'rTa �,�,�s..Q[ � �T �fffi!''>fffilfffffffff#i*ff�fffiiffi*fffffff�*#N!*f�ififfff#�ififff�*fffffAif#�ff• FEE OWNER INFORMATION NAME (please ADDRESS � ! SIGNATURE print) � o/��) /� S d� 4� J O A IY'dY',�5 �1 ��W�JI PHONE �7 I°l0 �7 `7 S� /,��-� % �o � �Z P,t. , DATE (� "� d -d t��ifi�fsf�f�"��`�f��iPf��#�f��f#�+��'��Ff��i�°��f��f��f� PETITtONER tNFORMATiON NAME (please print) T�e /1�tA S p ��0 A MIr,E M, �� PHONE �% �'�Q � b AnDRESS �0 1 7� 1-� � !4T'1-� �- i� (~ /�.. , SIGNATURE ��-� � ��--�;�?--�� DATE � � o � a � ii#�filffffii#�ffff*f�ffff#ffifi#l�if*fififf�*��f*f#i##f*�f#iii�fiffif#iff*fi�**f• . APPEALS COI�IISSION: APPROVED DENIED DATE CITY COONCIL: APPROVID DENIED DATE STZPULATIONS: � Philip D. Benson, M.D. Family Practice Daniel P. Cortez, M.D. General Surgery Richard M. Duff, M.D. Family Practice Dexter L. Jeffords, M.D. Urology Thomas J. Meany, M.D. Family Practice Patrick C. Meekin, M.D. Family Practice Robert W. Olson, M.D. Family Practice Palen Clinic 4119 East Lake Street Minneapolis, MN 55406 (612) 721-4417 TO W�3001 �t MSj► COA62"21: Palen-Heights Clinic 4555 University Avenue Northeast Columbia Heights, MN 55421 (612) 572-1250 June 8, 198? Joanne Elv►ell, who has been a patient of mine for a z�umber of years, is severelp allergic to bee stings. In order for her to be outside for any length of tinte during the summer �aonths, I find it medicallq necessary that �he be protected in an a1.1-season porch in her yard. This should help protect her fr�t aay potentially dangerous bee sting. . � % /j�� ' � / ;� % .. _ i�-:, � �r COMMSSION APPLICATION REVIEW � p�pa�tm�nt Numb�r Fiis Dat• Msstin� Date Planning 52 6/08/87 6/23/87 F��• Addr�ss/D�scription vAR #s�-22 COMPLETE REVIEW CHECKLIST 6175 Heather bl�#s�laui �tear yard setback from 30' to 16' RETURN TO PLANNING � DARYL COMMENTS ----DEBBIE JIM --►DEBBIE JOHN �� —�—DE881E D DARREL �EBBIE-- LYDE �EBBIE �- IARK DEBBIE EON �-� DEBBIE - � 0 _ _ CITYOF FIZIDLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE (6l2) 571-3450 NOTICE OF AJBLIC HEARING I�btice is hereby given that the Appeals Commission of the City of Fridley will o�nduct a Public Hearing in the City O�uncil Chambers at 6431 tfiiversity Avenue Northeast at 7:30 p.m. on Tuesday, June 23, 1987, in regard to the follawing matter: Consideration of a variance request, VAR #87-22, by Thomas and Joanne Elwell, pursuarit to Chapter 205.07.03, D, 3a, of the Fridley City Code. to reduoe the rear yard setback f rom 30 feet to 16 feet to allaw the construction of a deck and gazebo on Lot 9, Block 1, Heather Hills West, the same being 6175 Heather Plaoe N. E. , Fridley, Minnesota, 55432. Notice is hereby given that all persons having an interest therein will be given tlie opport�ity to be heard at the ab�ve time and plaoe. DONALD BETZQ,D C�IAIRN�N APPEAL S Q�NNHriISS ION Note: The Appeals Commission will have the final action on this request, unless there are objections froan surro�mding neighbors, the City Staff, or the petitioner does not agree with the Commission's decision. If any of these events occur, the request will o�ntinue to the City O�uncil through the Planning Commission with only a reoomnendation from the Appeals Oommission. s VAR #87-22 Thomas & Joanne Elc�ell Ja�mes McCulloch 6185 Heather Place N.E. Fridley, MN 55432 Th�nas Brickner 6249 Ben More Driv�e N.E, Fridley, Nad 55432 Resident 6199 Heather Place N.E. Fridley, NIl�1 55432 George S�kinner 6217 Central Avenue N.E. Fridley, MCI 55432 Michael Gorski 6245 Ben Diore Drive N.E. Fridley, P�Il�1 55432 A. S. Lambesis 6249 Ben M+ore Drive N.E. Fridley, D�1 55432 Anton Pot_ami 1411 Kerry Circle N.E. Fridley, D�T 55432 Alvin Gill 1401 Kerry Circle N.E. Fridley, r�i 55432 Patrick Colbert 1400 Kerry Circle N.E. Fridley, r4�i 55432 Jean Schiunacher 1410 Kerry Circle N.E. Fridley, MN 55432 Walter Rydberg 6127 V�Iovdy Lane N.E. Fridley, r�1 55432 William Gagner 6125 D�bc�dy Lane N. E. Fridley, IyIl�T 55432 Wayne Welch 6115 i�V�oc�dy Lane N. E. Fridley, MN 55432 Tim Fahs 6105 Wbc�dy Lane N.E. Fridley, D�T 55432 MAILING LIST RQnald Gazda 6177 Heather Circle N.E. Fridley, MN 55432 Virgil Brenny 6187 Heather Circle N.E. Fridley, MN 55432 Jeanne tiefilhoff 6170 Heather Place N.E. Fridley, DiN 55432 Michael Dtieierbachtol 6171 Heather Place N.E. Fridley, MN 55432 Th�s F1wel1 6175 Heather Place N.E. Fridley, r�T 55432 Appeals 6/12/87 C It�a #1, Juze 23 , 1987 : � � �, �+ � ; �� '�+ �'� �+' ; � .! �� 6175 �FR PLALE N. E. VAR #8? 22 A. ABLIC AJRI�'aE SF�ID BY R$�UIIi�IT: Secti� 205.07.03, D, 3a, requires a rear yard setback of 30 feet for the main building. Zhe pukalic purp�se eerved tr� this requirenent is to pravide rear yard spaoe to be used f or green areas whic�i �hanoe the neighborhood. B. SPATED HARD6HIP: "Mrs. IIw�ell has an allerc�r to bees. " C. Ai�lINIS1RATIVE STAFF RB�IF�1: This property is generally located east o� Ceritral Avenue and south of Rice Creek Rpad in the Heather Hills West Addition. Ziie petitioner is prop�sing to add a deck with a gaz ebo onto the rear of the dwell ing unit. Sinoe the c�azebo is oonnected to the house by the deck, the deck and gazebo are o�nsidered to be Fart o� the house. Zhe deck will extend to within 16 feet o� the rear lot line, which requires a variance. The deck oould be built without a variance if it was built without the gaz ebo. Staff has no stiputations to revo�nerx3 if this petition is appraved. -,� .., . M z P� - � �� , ° r' ` - � �70 I ' ° - ^ `. � � ��,, , I�t .r. a� .v-,v o ` , I O /� n � (ili`� � (�e,�'p� - � � ` ` � � I �� • �. ; � � V � e �7 �� i.f y� ;+�;,a�w. t } , y �/ ��, :1" � � RD, t7prT � ..��a-L �--�� .I' •�/IYJK . , ��) ..-i . — . � �� / (�,j , �3�) - ,. . (�s) �js) - ` � � �' y ` �� Ct�� '� � aW;� �/001 <io�� (940/, «o� ( � � , , �> , �t� � � � �U - �Q�� .� ; /4 . -7 , l o �, � 8 6 4 z ° � : _< , �----_ �,�� , ; • , , ',, �'�a r. /� ',, _ -- - '; ; r.� �/54oi `- -- — — � — , �'• ,y�,� _ < n �f /�f � is ss r i: i,zs -� � _ ' ^"�'_'� - - /'�' '_ . —T•;; . I ,. ,� �n=� (*� • � r � o , i� iI N -- � I Lif�1t I /�l) i �1:� �� i t(� %�' �� , `' �ltit� (�% � � � �p � / ' � t � ~� '� � �U � , .--"' ' / I (t I t, � `-� ��r�v i6) � � �1.voJ ( (2/fo) (�2oss� Z �K� I (tfl ' f : o , o Op'rdl�.'/'.4��rC. � o � �,. /� 1 ' 1 .4a✓ir�ra7r+F � � ' � fi � 'f V ` lor /�. iM � r� s�" � ( � ,«..�.�*�s�` 4 (N) Cy� J C�'> � �' � n� r� � � � - � � �' 1 t ��''. fi�•o�n/� iYoi•ra► o � - .G• w� � � � � �� _ ? � r r � � ilvJa\�J �/� � t r :�� ; f . • �� - - >" \ ;' �j �2 (�� . � �� l) „ �:�. � t- w' . - ! L (e'� � � � i (z�> . � . �' ,� �� '� _ �. �. �ar� � �: * �� ,/• �� ' ..1IIC Q �• x / � /<� .�s. . . . :... _ „�, .... - . _. :,� E „ � G.� ,.�.� ,. -... . ` ,� = � �r, � #� � (1F) . �. � �'•� � �„s ' . i , . �t ,�.N � 1 �� i •:: : p r � ,l1� �0 C+� . � - �t � . �t�rx V �N ��it .wI �. �. � ' r:' � � aww i ts� ?�..� .. • • � � 9 �Y / �- � 4 " - r�� : ��9 -, 'r�awc"sf�" � - .� " �v �� a � / �. ��i , � ' - � � 3 � (1) � .. �!v.ir� B Li►tl (p � � _ � .;. _ • OO iMIN ' - i _ ."' 7 �'IC ,.. 50 � , � � RD �. Y _ ' �� « -�►--��,�� - 2 - 3 E �� . �,;� . ..� 6 � G� �. �1) . , ��i . ` . .. E , � . . f . � .. ��, ; I Q� �' �y �'�'„'L• ^ ,/II1// . i � • !y wQ `,,,,� •- G� �� c �° . ,,, ,, . ;� � -""n ; s <�' . L' _ _ Y � � . o o �_ � ` � � �f��` �'> �v� �-:� � - � <� . NO• 22 � �,�' .� � � � � ` ~ _ �. ,�, g`�; •4� �,3 �, =%(v� y 8 �� . \ � y'A Y.)a !� - s� _ • .r .. _. _ *' , i . �7 . . . JN- JIl. / � ./ � ` � • . �`` _ �� _ � � - _ - - .�-,: � .. _ _� ,. - �TM . . . . ., s.. . . . . . -.... . , , , � _ . - _ � , � . "ti. s - r � . . � " . . • � . . � •' �� f� e. ��: � c - :�' • - * _.. � .. ._�- ' `, .. _ z t_ -+ � � _� .. � � . �.. . .. . : ;:, ,,. ; ,�'y ,�� _ ;;� , ap.. _,�,y. �.�' - ' , - ,a -. �.. •N �-:..: - „ .�.<„ ; �y: ..,�,��` re ' Msa:. �. ._,.. � ...._� ��s d��<<� . ROI�'ALD F. MEYER LA��'D SIIR�EYOR � L.►ND SUAVtY1N0 �JV�OIVif10N D[sION �� T[L[rMON[ 771��gs � / � � P8S '��»�L sT. sT. P�VL. MINN. SS1O1 I hereby certify that this survey was prepared by me and that 1 am o duly Registered Land Surveyor unde� the laws of the State of Minnesota. '�` / .N- Reg. No. 9051 Date: r: �/ Z ,Qe✓. 7-zi•BS �'o�rt �%� �: ! ' ' - •� � �. � • •� � � � rV � v .--_ 5° V � `� � ,` \ �, - � / / � , -. � I� q � �� . � �tik. �� .. � :� .; .;, . �o.�-:: � /?2. (eS �4! � � ss « v J l.�i _�,� 9 � � � � ,�ti �° \�, G e�„ "2 1� «� ' �e . e � �st : ,�;� o �O �ti �. � �. � �. . O Denotss iron monument plaoad. ' s�df�iy fs�� Scale: 1" = 30' _�' Lot 9, Block 1. BEAT�i HILLS Wr.ST� Anoka County. Minneaota. n �i V � 16` � , 1 a � , _ _ CITYOF FR[DLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE (612) 571-3450 �• • _� ��v'�!. . �i,J �i\ -: � �� « On Tuesday, June 23, 1987, the Fridley Appeals Canmission officially apprwed your request for a variance, VAR �87-22, by Thomas and Joanne Elwell, pursuant to Chapter 205.07.03, D, 3a, of the Fridley City Code, to reduoe the rear yard setback frcm 30 feet to 16 feet to allaw the oonstruction of a deck and gazebo on Lot 9, Block 1, Heather Hills West, the same being 6175 Heather Plaoe N.E., Fridley, Minnesota, 55432, with the follawi.ng stipulations: �"i ►� aC If the work has not commenced within one tl) year after granting this variance then the variance shall beoome null and void. If you have any questions regarding the above action, please call the Planning Departinent at 571-3450. Sincerely, � �, / �'U Darrel Clark Chief Building Official Please review the noted stipulations, sic� the statement belaw, and return one co to the City o Fri Planning Department b� July 7, 1987. I, , ooncur with the action taken. ._.. �. _ti � a , _ _ Not filed in Torrens STATE OF MI�iNESOTA �PPEIILS COI�IISSION PROCEEDINGS COUNTY OF ANOKA CITY OF FRIDLEY In the Matter of a variar�cP, ��R �f�7-�� __ VARIANCE �•.��. _ �,. ._..- - ' � = The above entitled matter es�se before the Appeala Co�mission of the City of Fridley and Was heard on the 23rc� day oP 7 mP , 19�Z._, on a petition for a variance pursuant to the City of Fridley's Zoning Ordinance, for the folloiring deseribed property:Redu,ce the rear yard setback fran 30 feet to 16 feet to allc�w the construction of a deck and gazebo on Lot 9, Block l, Heather Hil.ls [aest, the same being 6175 Heather Place N.E. IT IS OItDERED that a variance be granted as upon the follo�ing conditions or reasons: See Ap�peals Cammission minutes of June 23, 1987. STATE OF MINNESOTA ) COUNTY OF AIdOKA ) CITY OF FRIDLEY ) OFFICE OF THE CITY CLERK I, Shirley A. Haapala, City Clerk for the City of Fridley With and 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 TESTI�IONY WHEREOF, I have hereunto au�'�scribed my hand at,xhe City of Frid ey, Minn sota, in the County of Anoka on the � PJ c�' day of , � 9.�..�• DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, l�Ild 55432 � , ! SHIRLEY A. HAA A� CITY CL Variances are valid for a period of one year folloxing approval and�-shall be considered void if not uaed Within that period. (SEAL) / �r' u4 y_r 2 i / CITY OF FRIDLEY APPEALS COP1MISSIO�� MEETING, JUPJE 23, 1987 CALL TO ORDER• Vice-Chairperson Barna called the June 23, 1987, Appeals Commission meeting to order at 7:30 pm. ROLL CALL: Members Present: Alex Barna, Jerry Sherek, Diane Savage Members Absent: Donald Betzold, Kenneth Vos Others Present: Oarrel Clark, City of Fridley Thomas & Joanne Elwell, 6175 Heather Place John Stifle, 119 75th Way N.E. Arthur Silseth, 10663 Pierce St. N.E. Nick DeGroot, 149 76th Way APPROVAL OF JU�dE 9, 1987, APPEALS COMP1ISSIO�d MINUTES: MOTION BY MS. SAVAGE, SECONDED BY MR. SHEREK, TO APPROVE THE JUNE 9, 1987, APPEALS COMMISSION MINUTES AS WRITTEN. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON BARNA DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. COi�SIDERATION OF A VARIANCE REQUEST, VAR #87-22, BY.THOMAS AND JOAP�tJE ELWELL, PURSUA��T TO CHAPTER 205.07.03, D, 3a, OF THE FRIDLEY CITY CODE TO REDUCE THE Y R SETB R 30. EE EE E I DECK At�D GAZEBO OtJ LO 9 B OCK , HER HILLS • ES , E S 1E B �G 75 HEATHER PLACE .E., RI L Y, I�JNES , MOTION BY MR. SHEREK, SECONDED BY MS. SAVAGE, TO OPEN THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON BARNA DECLARED THE PUBLIC HEARING OPEN AT 7:32 P.M, Vice-Chairperson Barna read the Administrative Staff Report: ADMI�JISTRATIVE STAFF REPORT 6175 HEATHER PLACE N.E. VAR #87-22 A. PUBLIC PURPOSE SERUED BY REQUIREMENT: Section 205,07.03, D, 3a, Requires a rear yard setback of 30 feet for the main building. � J R ' 1 �"r I , _ i APPEALS COMHISSIOId MEETIP;G, JUNE 23, 1987 PAGE 3 Mr. Clark explained that if the gazebo was on the deck but not attached physically to the house, he believed there would be no need for a variance. The deck itself would meet code. But, since Mrs. Elwell is severely allergic to bees, if the gazebo was not attached physically to the house, she would still have to go outside before entering the gazebo. t4r. Elwell stated he did know know what the gazebo would look like if it was separated from the house as they had no plans for it that way. He stated the existing deck will be replaced with a new redwood deck. The new deck will extend 2 ft. beyond the exist�ng deck v�here their bushes are now. He did not know what impact this would have on the neighbors because of the heavy foliage. Of course, the deck and gazebo would be a little more visible in the wintertime. Mr. Sherek asked P�r. Elwell if they had spoken to their neighbors about the gazebo. Mrs. Elwell stated they have not had a chance to speak to the neighbors bet�ind them as they moved in only about six weeks ago. She stated the neighbors on the north and on the south have no prc�blem with the deck or the gazebo. Mr. Elwell stated they have had a lot of trouble with bees in their backyard. Mrs. Elwell stated she felt the project was going to be done very nicely and would add beauty to their home and to the neighborhood. As far as her medical situation, she has been allergic to bee stings for about 10 years, and she must carry injection-type medication with her at all times when she is outdoors. Mrs. Elwell stated that as far as having the gazebo detached from the house, she, too, did not know what it would look like because she did not know what kind of plan the contractor could come up with. She did not think it would look as nice if they want something that will add value to their home and future resale value. t4rs. Elwell stated they just recently took down two bee nests. Spring a�d fall are very bad for bees. She stated they have lived in this home for five years, and there have been only about ten times when she has been able to sit outside for any length of time without having to go in because of bees. She stated it is a beautiful area, and she would like to enjoy it more. MOTION BY MS. SAVAGE, SECONDED BY MR. SHEREK, TO CLOSE THE PUBLIC HF,ARING. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON BARNA DECLARED THE PUBLIC HEARING CLOSED AT 7:50 P.M. Mr. Sherek stated this is a beautiful house and area. He thought the plan for the gazebo would definitely fit in with the style of the house. The reason for the rear yard setback was to provide rear yard space to be used � ,. • LAW OFFICE DONALD R BETZOLD s901 srooklyn eoutevard Brooklyn Center, Minnesota 55429 (612) 533•I555 June 29, 1987 �� Mr. Darrel Clark City of Fridley � � 6431 University Avenue ;;j r ��, Fridley, Minnesota 55432 Re: Variance request - 6175 Heather Place N.E. June 23, 1987 App Commission Meeting Dear Mr. Clark: G �v�� . I returned home from two weeks of military duty on June 26 to find the enclosed letter to me from Wayne Welch, 6115 Woody Lane, objecting the to the variance request from the owners of a neighboring property at 6175 Heather Place. He noted that he would be out of town on June 23 when the matter was to be considered by the Appeals Commission, and requested that I present his letter at the meeting. Obviously, my own absence prevented me from doing that, and so the Appeals Commission did not have the benefit of this information when it considered the requested variance. I talked to Mr. Welch on June 27 and discussed the situation with him. Since I was not present at the meeting, I could not address the merits of the petitioner's reguest, except to note that had Mr. Welch's objection been known the request would have been automatically referred to the Fridley City Council for final determination. Alex Barna informed me on June 26 that the variance had been approved without objection due to the medical condition of the petitioner. Mr. Welch asked me to convey his concerns to the Appeals Commission, particularly his objection to the building practices in Heather Hills, such as the construction of large expensive homes close to the respective lot lines. I told him that I would do that and would also forward his letter to the city staff and ask that it accompany the Appeals Commission minutes of Jne 23, although both submissions would be for informational purposes only and would not change the decision of the Appeals Commission. Please forward Mr. Welch's letter to the council, and include it in the materials for the next meeting of the Appeals Commission. DRB/je pc: Wayne Welch Sincerel .- .. � _-_ _ �'r % i .:..`-�"�%� ' , ��-" G., �-Zi`Donald R, e�o1 G — --_f�_ -. �v s- . ' June 20, 1987 Mr. Donald Betzold, Chairman Appeals Conanission 1601 NE North Innsbruck Drive Fridley, MN 55432 Dear Mr. Betzold, I write to you in the matter of the request for a variance to reduce the rear yard setback at 6175 Heather Place, Fridley. I will be out of town during the next week and will be unable__to attend the heari�g on June 23.. Ihus, I a�---- writing this letter to voice my opinion. I am a property owner at 6115 Woody Lane, Fridley, who expressed concern several years ago when the Heather Hills development was approved. A large beautiful wooded property that provided recreational opportunities for the members of the community was being destroyed. A further concern was the rx�mber of 1 ots that were bei ng squeezed i nto the area. Very large, and beautiful homes were being built on very small lots. We objected, but the City Council saw otherwise and approved the development. Now, the impact of that decision is being felt. The property owners are gradually enlarging their areas by having trees cut down to give more sunlight, clearing underbrush, and using the woods, which happens to be part of my property, as a place to dump their debris. Furthermore, their children stream across the yards of several Woody Lane homes because they happen to be on direct line between their home and their school. The request for variances continues that pattern. It is my understanding that variances are granted when the failure to do so would disadvantage in some manner the property owner. I recently examined the 6175 Heather Place property (the rear of my property adjoins it) and noted it already contains an attractive patio, small yard, and wooded area. I can see no disadvantage to the property ow ner if the variance is not granted while if it is, there is further encroachment into one of that last remaining wooded areas in ihe city. Hence,- I wouTd recommend �Ife Rppeals Commission not grant the variance request. Thank you for your consideration of my June 27. I am sorry that I could not matter further. Si ncerely, �� 'KQ [�tJE�k:..c�Cr�- Wayne W. Welch 6115 Woody Lane Fridley, MN 55432 opinion. I will return to Fridley on attend the meeting to discuss this