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AF-V - 45963- ��' (;ity �� i•icdlf�Y r�� ' AT TIiE TOP Of 7HE TNIINS , �, , .� . � 4 .____ COMMUNITY pEVE:LOf'MENT DIV. r � �'' � PROTECTIVE INSPECTION SEC. 1 ; � � � i""1 � CITY HALL FRIOLEY 554J2 � _°_.�: ,•� 61?.-55b-3�s50 SUffJtCf 0 APPLICATION TO BOARD OF APPEALS NUMHEH - REV. DATE FAGE OF APPNOVEU bY 910-F23 1 3/21/75 1 2 800 Name Address Phone c-.�1 �A `r' ,U r � l � (� . �-` 1 � � <1 �-►� 1� 1 Legal Lot No. Bl.ock No. Tract or Addn. , ��:� u�C A- V71 ��U Dcscription Id "� � � � �� Variance Request(s); including stated hardsh.ips (attach plat or survey of property showing building, variances, etc., where applicable) �f�ati ; �; l��t� � �2c.��v� 5� Iv� �� (c35 - � - - � V � _ t��. _ .. V��. i L.J � . � ,- _ ,. .rT . t - Meeting Date �Fe� � �.-R, i�..14�c ��;G' Comnents & Recommendations by the Board of Appeals Receipt No. Signature �, `� `E� � �j'-i� -`7� Q.��.w��t.� ��. Date City Council Action and Date C�eb. �, ► q�y' . . . � .,C SUHJlCf - , � �� :�ty ��i• ��•��a��y � �� AT rt{� To� �F THF T�,�NS APPLICATIO�d TO BOARD OF APPEAL.S ; ��, ' ` (Staff Report) ' COMMUNITY DEVEIOPMENT UIV. � ►.L �'��"• r � � PROTECiIVE INSPECTION SEC. � , � � � �"'1 � CITY HALI FRIDIEV SS432 NU�flF.H HEV. UA7E ►•nc;e oF avvt+ovtU.Bv ` �""�' �'� 612•SGtJ-3450 � 910�F23 1 3/21/,5 2 2 800 Staff Comments Board members notified of ineeting by _�,�;� . 5�, /9�7,5 List members, date notified, and "Yes" or "No" for plans �o attend hearing, � " Plan , Date To Attend Name � �1 . ` n_ . � _i�<'' �1�ic �� Pearson making appeal and feet notified: . Name l � t � CS '� CS . �, �1I0 r�c � � ,, 4 s t e following property owners having property within 200 By Whom .� ' Date Phone or Mail Notified - ! a �7 /) � � o A i . f c% " B � %S /i") - - ii7. • ,r � 1� io� •5 / L.Ck..%i..t 1.�2� %Lcy � � � O � �r� ,� ��, G�� ;� ��t � �� n.� �,ti-, (o � � � � c� .�� f�l� � ,Pc ,.,��LQ,-,�� C��'�� c-s �,�- ,'��.E,�� .-� �-2.'2��2.�'1 � � J�' �? F � ui c.� �° U � ! o.c 1� f�Jt s�.._�'Z . � a �$'� �i l2p r 4 � �1t .c p.�1 l.l..�i;t 'r .n � ,� J�'�e.�� 4 .t D , (� .c� h i `�CSY) c�-�-(:x� L� .E-Q--�-c�l} , � N /�-C� �%Z:C C12 CrCJ«.l_ � � -��-�Lr� ��-Uc,-yt � f��s � � �G ��-c.C1�� ,CnJ2. (,C/a�� U�s � �'I C�f.;Z) � / /C.�.C� � L�� C <� C.0 � `t%1C�-�� l�c�.,,� �.. 8 i i�.u� �t�12., U..' d. �� ; � �. ,_ � N.C. NOlUM ANO AS�OCIATE � IMC.� ; ' LAND S RVEYORS D S, � Iq30 CENTRAL AVE. N.E. (Hwy.6a)=BLAiNE.MINNE�OTA 6�434 784 ps484 ❑ T12 SOUTH MAIN 3T. — CAMBRIDOE .M�ESOTA 66008 689-4798 . , '�MORTGAGE LOAN CERTIfKATE: �R i oaY C u sTO►,� � H o M Es � . : � � i� . , n_ - � -- SCALE: I -4O , __ - ICE---- - �REEK WAY - 451l0'210-23 -- i�.� .� 98.100 � ,� _ __ _ . . '-'�•ei ` � Ts45.92 ` • . � _ � . ` \ I `' �3 �� i s : 'Si '� � 3 - . m , � , � � � CONGRETE � '�6 BLOCK � ONLY .�6 / � � �� i , ' 'c� ,�� a � ZZ�y�� `oy`_ � ��c, .� � 3 � � .1 �-'�� 7P' \ s � � �� ,'� � � _ `I � � \� �� LOCl1TION OF INPRO.VENENTS ONLY. LEGAL DESCRIPTION: Lots 1 b 2, BloCk 6, FRIDLEY PARK, Anoka County, Minnesota. TMIS IS A►LAT SHOWING TME �OUNDARIES Of TME IAND MOV! DESCRDED AND OR TH! IOCATION O� All WIlDMGS, I� ANY, THEREON, AND ALL VISI�IE pdC�OACMMENTS, 1/ ANY, �ROM OR ON =111D lANO. NO LIA�ITY K AS511MtD lIIGpT TO TNE MOIDER Of A MORTGAGE lOAN NOW ��IG /�AC� ON THE ►RO� OR Mlli OTMER NiTl�tT ACpUMlp �Y TN! �EA30l/ O/ ftlCN MORTGAGE. R IS UNDERSTO00 ANO A�i� NO MONUMCiT= MIAV! �1 KAClp /OR T!N �{IMOM OI� �TAM�!!10 LOT li�i OR �OtJNOARY CO�. � a►� rna ........4�h.. a►r a ................5lp.f�lll�GX ............_.....�..... �o. i�, 75,,,. N. G HOIUM AND TES„ NrC. .� ................ .. '..�:.».. , �• ... .... +� ......, Mlnn�s�� Rq1�hNl�n N�...�4�1....... p N.C. NOIUM AMD ASSOCIATES � I�lC. :� LANDS RVEYORS � � 10130 CENTRAL AVE. N.E. (Hwy.66)—BLAiNE.MINNE90TA �434 784 p 80 ❑ 712 SOUTH MAIN ST. — CAMBRIDOE .M�IESOTA �6008 689-4T88 , MORTCAGE �OAN CEQTIPiCATE: �I� 1 DAY C U STOM H O M ES � . � SCALE: In=4O� ,- _. RICE--=�-- CREEK . WAY ___ 451l0'210-23 � � 98.100 ` �4.�0 _ __ � , , _ �. ,�� T*45 92 `, . � _ _.� � ♦ $ ��) •� p„3 ; � 6r ` , �� 3 -y - �' �� ,� ; Z� 3�� : A O� � '� 22�y�,9 , D i � CONGRETE 'O \ .Y',�� '� ` - 1 � �' , '�6 BLOCK Z � � � NON�Y o� 6 /` ,, . '- �� - / , � . � , �_ ' �2� � � � � �� !� LOCATI ON OF I MPROVENENTS ONLY. IEGAL DESCRIPtION: Lots 1 b 2, BloCk 6. FRIDLEY PARK, Anoka County, Minnesota. THIS IS A rLAT SMOWMG TH! �OUNDARIES O� THE LAND A�OV! DESCRI�LD AND O� TM! �OCATIOl1 O� Alk WIIDMGS, H ANY, THEREON. AND ALL VISI�LE ENCROACNMENTS, I� ANY, fROM OR ON SAID tAND. NO UM�Iry p A53UAA�p p(�E►T TO TME MOLDER OF A MORTGAGE LOAN NOW �10 rLACED� ON TME �ROrERTY OR MlY OTMER MiT!!ST A�fpUl� {r �TM! �EASOtI Of itJCN AAORTGAGE R IS UNDER3T000 ANO AO�D !10 MONUMQiTi MAV! �lQ1 KAC� ►O� iM �11rOM OI� �TAMlilRIO lOT INEi OR WUNDARY CONi�i. � .. a►Tm n�a ........4tb.. a►r o��.:. ........�.�.1'.�Il��:.. ..... ' .: n�. ». 75.... ' ' . , � , ` .. � N. C: HCENM �%►ND A QATES,,. N�IC.. � . . .I .' � . � �. , . ., � , , �, . ' ` � ...............�. .. ...._... ... �.�v� ........... .». .»............................. �. ' �..:....:... � ' . . � � . . � . ��fM�Nf� RN��h�:�N1 N�� .1.i�i.lu��• OFFICIAL PdOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE APPEALS COMMISSION TO WHOM IT MAY CONCERN: NOTICE IS iiEREBY GIVEN THAT the Appeals Commission of the City of Fridley will meet in the Council Chamber of the City Hall at 7:30 P.M. on Tuesday, September 16, 1975 to consider the following matter: A request for a variance of Section 205.053, 4A, Fridley City Code, to reduce the required front yard setback from 35 feet to 30.65 feet to allow the completion of a dwelling and garage (foundation in only) located on Lots l and 2, Block 6, Fridley Park Addition, the same being 6660 Hickory Street N.E., Fridley, Minnesota. (Request by Mr. Wayne Friday, 1016 Bunker Lake Boulevard, Anoka, Minnesota.) Anyone who desires to be heard with reference to the above matter will be heard at this meeting. WILLIAM A. DRIGANS CHAIRMAN APPEALS COMMISSION ti • The Minutes of the Appeals Commission Meetinq of September 16, 1975 Page 4 ...�� Chairman Drigans said the additional s�ace. building but this will reduces the green area area. �3. �,' t,,�.� the hardship is that the business is expanding and they need He added they will align the addition to the existing cut down on the green area. Mrs. Wahlberg said it really down and there won't be much except for outside the fence Mr. Kemper asked if the 40� lot coverage by the building is for green area. Chairman Drigans said it was to baiance the structure with the property available. Chairman Drigans asked if the parking lot was included in the 40% and Mr. Mattson said the 40� was just for the building area. He added that Kurt Manufacturing has maintained the 100 foot setback from a different zoning and still maintained a large green strip. He said sometime it is very difficult to deal with the 40a and still not need other variances. Mr. Kuban added that their type of business is not a high personnel business. He said unlike Medtronic's, who have a lot of employees per square foot, his company works on large parts and do not need many employees. Mrs. Wahlberg sai� perhaps the green area would.not need to be decreas.ed so much. " Mr. Kuban sa•id th�y would rather keep as much grass as possible for a place to put their snow, and he added that if it was possible, they will change the plan. MOTION by Wahlberg, seconded by Gabel, to approve the request for a variance of lot coverage to allow the consLruction of an addition to the existing building, with the understanding that the Board would prefer to retain as much of tne green area as possible. Upon a voice vote, there being no nays, the motion carried. A REQUEST FOR A VARIANCE OF SECTION 205.053, 4A, FRIDLEY CITY CODE, TO REDUCE THE REQUIRED FRONT YARD SETBACK FROM 35 FEET TO 30.65 FEET TO ALLOW THE COMPLETION OF A DWELLING AND GARAGE (FOUNDATION IN ONLY) LOCATED ON LOTS 1 AND 2, BLOCK 6, FRIDLEY PARK ADDITION, THE SAME BEING 6660 HICKOR� STREET N.E.,. FRIDLEY, MINNESOTA. (REQUEST BY MR. WAYNE FRIDAY, 1016 BUNKER LAKE BOULEVARD, ANOKA, MINNESOTA.) Mr. & Mrs. Friday were present to present their request. A verifying survey and a picture of the lot were shown to the Board. MOTION by Kemper, seconded by Gabel, to open the public hearing. Upon a voice vate, there being no nays, the motion carried. Mr. Friday explained that this building is under construction. He said that when he put the foundation in, he couldn`t find the property stakes so he measured from Hickory Street to get the front setback. He said on this particular corner lot, Hickory Street is not centered on the right of way so there is 4 feei� more boulevard area in front of this property than he anticipated and his measurement came out 4 feet short. He said this error came to light after the verifying survey was made. Mr. Mattson explained that there is a 19 foot boulevard area in front of this property. Chairman Drigans noted that by the picture, the house is already up. Mr. Friday said the garage is the portion of the structure that is too close to the line and if the variance was denied, the garage could be made narrower by 5 feet and the entrance changed to be from the south instead of the east, to meet the Code. He said they are working on the dwelling but not on the garage. Mr. Friday said he had ordered the trusses for the garage and has received them already so if the variance was denied and the garage had to be cut in size, he would have $900.00 worth of trusses that he would be stuck with because they would have to be remade. s � f� The Minutes of the Appeals Commission Meeting of Sepiember 16, 1975 Page 5 Mrs. Wahlberg asked if the proposed entrance to the garage is from Hickory Street and Mr. Friday said that it was. She asked if Hickory Street was considered the . front yard and Mrs. Friday said that is was, and that there is an overhang porch on the front of the house facing Hickory. Mr. Friday said according to the road the setback is okay but not according to the property line. Mr. Friday said he figured that he had located the house far enough back as he thought since Rice Creek Way had a 10 foot boulevard that Hickory Street would also have a 10 foot boulevard. He said the 15 foot boulevard plus the curve, had thrown him off. Mr. Kemper asked why Hickory Street had a 15 foot boulevard. Mr. Mattson said the boulevards in the City vary up to 20 feet, but generally if it is that large, it is because of provisions for widening the street. Mrs. Wahlberg said she thought that Hickory Street was upgraded not to long ago and Mr. Mattson said that it had been improved. Mr. Friday said he didn't think then that it would be widened in the near future. Mr. Friday added that there was a power easement on the property and also that there was a number of trees and in order to change the driveway to conform to the narrowed garage, 4 or S trees would have to be removed. Mrs. Friday said that to change the driveway entrance to Rice Creek Way, and still narrow i:he garage, would not be any good either, as there is a fireplug, some trees, and a slope of about 5 feet. Chairman Drigans explained to Mr. & Mrs. Friday that because of the reorganization of the City Commissions, this request will next go to the Planning Commission and then to the City Council, so it will take a couple of more weeks before they could possibly get approval of the variance and restart construction on the garage. Mrs. Friday said that the buyers of this house want to be in by October 1, 1975 and that two more weeks is a long time to wait. � MOTION by Wahlberg, seconded by Gabel, to close the public hearing. Upon a voice vote, there being no nays, the motion carried. Chairman Drigans said he sees the hardship here as the mistake that was made in determining where the property line was. He said it would be a great expense to stop the building in terms of both the contractor and the buyers. He said there is a whole lot (42.80 feet),that is between the house and the lot to the south, that has a grove of trees on it, so there should be no problems caused in building on that adjoining property. He said he.could see no objection to approving the variance. MOTION by Gabel, seconded by Wahlberg, to recomanend approval of the variance to reduce the front yard setback from 35 feet to 30.65 feet. Upon a voice vote, there being no nays, the motion carried. Chairman Drigans suggested to Mr. & Mrs. Friday that as long as the Commission agreed unanimously on the approval and because there were no objections from the City staff or adjoining property owners, that they appear before the City Council on Monday (Sept. 22) and explain their situation during the 15 minute visitor section of that meeting. He said that if they tell the Council the circumstances of the request, and that the Appeals Commission had unanimously recommended approval of the variance, that the Council might allow them to continue building. Chairman Drigans explained that the Appeals Commission only has the power to recommend to the Council, and that the Council has the final action on all variance requests. Chairman Drigans suggested that the Friday's voice their opinion to the Council, on the time involved to get final action on a request of this type. Mr. Friday added that 6 weeks is quite a long time to wait when it involves construction. , . ,• `Planning Commission MeetiMg - September 24, 1975 Page 18 ' Chairman Harris declared a recess at 11:05 P.M, and reconvened the meeting at 11:30 P.M. �� 9. A REQUEST FOR A VARIANCE OF SECTION 205.052, 4A, FRIDLEY CITY CODE, TO REDUCE 7HE �� RE UIRED FRONT YARD SETBACK FROM 35 FEET TO 30.65 FEET TO ALLOW THE COMPL�TION OF , DWELLING AND GARAGE FOUNDATION IN ONLY LOCATED ON LOTS 1 AND 2, BLOCK b, FRIDLE' PARK ADDITION, THE SAME QEING 6660 HICKORY STREET N,E,, FRIDLEYs MINNES EQUES� BY MR. WAYNE FRIDAY, 1016 BUN�E� BOULEVARD, ANOKA, MINNESOTA.�— Mr. Wayne Friday had been at the meeting, but had left. Chairman Harris said in the "Action Needed" agenda from the Council meeting of September 22, 1975, Council had given approval of this variance request subject to concurrence by the Planr,ing Commission. He said this had been to the Appeals Commission then to Council, and now to the Planning Commission. He said this request had gone a little backwards also. Mrs. Wahlbe;3 said that the property owner had measured from the curb, in the absence of a' property stake, and he misjudged ti�e size of the boulevard, so the garage was about 4' too close to the front property l�ine. The garage was placed ahead of the house, so the house has the proper front yard setback. She said Mr. Friday was building this house for someone else who wanted to move in.the 20th of October, so he was anxious to get the red tag off this property also. Because it was only the oarage that was in variance, the inspec�ion department had allowed him to c�ntiizue �orking on the house. . Mrs. Wahlberg said this garage would fit into the code requirements if the doar was put on the hack af the garage. There was a fire hydrant that would interfere with this proposal an� a large grove of trees tha� would have to be disturbed. Kather than do this, the Appeals Commission recQmmended approval of the variance. �r. ��day said he thought ther� was a 10' boulevard on Hickory, and this was why he had located the garage this way, but the boul�vard was 15'. Chairman Harris said there was a 60' right of way on Hickory, so he �rondered if the street was off-set. He wondered what the boulevard was on the other side of the street. Mr. Olson said he would check the as-builts. Mr. Olson said the as'builts showed this street to be 31' wide. Mrs. Wahlberg showed the Planning Commission the pictures that the Appeals Commission had looked in in making their recommendation. She said that the placement of this garag� d�d not create a visual hazard. Mr. Bergman said he was disturbed that there had been two such variances needed on practically the same situation. He said he wasn't placing the blame on either the builder or the�administration, because he felt there was some blame to both. He said that by continuing to �pprove such variances, he didn't want to be encouraging sl�ip- shod methods of doing things. Mrs. Wahlberg said if there wasn't a time factor, plus a red tag on part of the construction, this variance could have gone through the normal channels. She said that if the Council agreed with the Appeals Commission recor�nendation on residential variance this wouldn't happen again. MOTION by Wahlberg, seconded by Peterson, that the Planning Commission grant the variance for 6660 Hickory Street, and concur wwith Council. Upon a voice vote, a11 voting aye, the motiarn c.arr.ied unanimously. �: � . _ �,,�. . ;� � ri.,: �' ;h,` � t< .�"" ,� ' ' .� � . �# ' li•' !h _ .`.ti� . `,! � 't�.. eti.�!�'�r . . �� . ,�� 7�_-. , +� , . , , Ay. . , �� . s � � �, � � �� . `""R qkLa��'+} .+7".- r 'S:� 4 , �w �� R ' J�� .. . ,�� . � ' ��S �ti' R �T � �. � i� . 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