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AF-V - 47598� SUEiJECT ^ �'�� i LyE O�O� H•E ��N3� ;j�, APPLICATION TO BOARD OF APPEALS , � . � • GOMMUNITY DEVEI.OPMENT DIV. ' 4L � ---- 1 � � PROTEC7IVE INSPECTION SEC. � . , �' � /""1 � CITY HALL FRIDLEY � 55432 NUMNcH REV. DA7E PAGE UF . APPROVEO BY ..._..i`: �•J 612-560-3450 910-F23 1 3/21/75 ,l 2 800 Name Address Phone "^ � o ,.tl � I � ? , � � � v' L � ` Legal Lot o. Block No. Tract or Addn. Description � U ��1 � ,.5 Variance Request(s); including stated hardships (attach plat or survey of property showing building, variances, etc., where applicable) �;� U � � �-.� � �s � r�� y� �p � �T,�� x Foe o � s� r��-r— rD i r.v o��1 FccT r a lQ ��.a� �r �f� Cn�vsi6�� T� o �V� ��i�Q��^�'� Nc' �h4� � s1f� P 1� �l e ��e�e �.v�r,v �isr�.��- � D� D o a� �A � i2 D,�.�� v�7� �� C' G1 �5.s To �'h�c ��n Pos c.� fe.�� sF�� -'— ��.��'S j�l.v i N`C�- T�ls S3'.1� �� i,c� o[, L D �'.vT�4l L ,�" �� •�� 4- L' s L �c �'[� e� G c, c.�✓ Date Meeting Date Fee Receipt No. Signatu G��'�� /SS � S� /� ,- � -G� Comments & Recommendations by the Board of Appeals ��°�`�"" \ , _ �� 3 � City Council Actio and Date �� -f� 7� � ? CJv�-r��.- �� `�� - �-=.G�r �z� ij � . � � �� — %�,-n 6�.�, .—��%t:��'` �l. �', �� -�-�.� � ��'- �6�0 .�� ' � 0 . " �� '_ �{.�� 7� �'�-n 6� �� - 7� 7�s �' c�,�, ��.�-►�� - � ✓ �-�.o.�. ��u,� '�� I — �c�-�°�,�a.- .� � � � � . ��j��. �il �'7�l � 1��- - �� c�� . � o��.� �� Y� . � . �� l � _ ��"'-`�° . � �- �. e�r�.�A� �� !03 t �( �� . � , � �A ��. , . �� i � � o�n.,:� � . � a �o I'3�oad Ave . rv - � . . OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARIN . $EFOitE THE . BOARD.OF APPEALS - � TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN THAT the Soard ofi Appeals of the City of Fridley wi11 meet in the Council Chamber of the City Hall at 7:30 P.M. on Tuesday, Ju1y j5, 1975 to consider the followin matter; � �� . . . � � . . . � � . . � . . t _ �.. ... � . . . . . . . . . . A request for a varia� e of th Fridley City . Code, Sectio,:�05.Ob3, 4b, ta reduce the side yard setback�i^om five (�) feet to two (2) � _ feet to allow construction of a carport, and' � a screened porch addition to an existing �� dwelling l:ocated on Lots 8 and 9, Block P, . • Riverview Heights AdditTOn, the same being 631 Janesville St. N.E., Fridley, Minnesota ' S5432. (Request by James R. Matison). : Anyone who desires to be heard.with reference to the above matter will be heard at tMis meeting. WILCIAM A. DRIGANS . CHAIRMAN � . . BOARD OF APPEALS . P.S. Please note, this is a�revised notice of the one previously mailed to you. , � G 3/, �� .,�.�-2:_-�-�� _ �_. � CERi"1F'ICATE O�" SURVEY �� 5 S JAMES L. KURTH . _.,. ,. - -� LAND SURVEIr APPEALS COMMISSION ITEM #1 4201 N. E. 5rH STREET COLUMBIA HEIGHTS 55421 788-5004 � 1 HEREBY CERTIFY THAT THIS SURVEY, PLAN. OR REPORT WAS PREPARED 8Y ME OR UNDER MY DlRECT� 4UPERVI3lON AND THAT 1 AM A DULY REGISTERED LAND SURVEYOR UNDER THE LAWS OR THE STATE OF MINNES07A. -. �� - DATE �C'��c...'�Cj l�i�►� -, 0.,.�w�.�L� � .� � - SCALE 1"= �C�' MINNESOT REGISTRATION NO. 5332 � I�= IRON MONUMENT . . - � � . .- . . . � . .. .. � . I r � � . . . � . . � • . . .� . � � �� . . .. . . . � ^y� . . � . . � � � . • � � � . . . � i . . . . . . . � . . � � . r . . . . . . . . . . . . . � . . : � ... � .`�. � . . � . � , , , � � . , . � f� � .� �Q . � �� ` -: t . i , . . . � . . � � �.. _ -..4 ti . �- � _ ' , _ 1 , � , � � . :,. _ :\ � _ � ��,� � i 4 ,�� ,, � �........\ . � � � . �` � � � �; '� j o� �\ ' � : �- . . t ��z� , ;� , . � � � � � � � . � � -i. � _ . . . . . 0��.. � � . . . . . . . . .. . .. . .. �. � . . . � � . � , . . � � .. � \� . ' � . . . . . . . _ . / . . • . � �I � . . 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' �_�+: � 4�" rb • � ' . . :Y: . . . . - ' . �� . � THE MINUTES OF THE APPEALS COMMISSION MEETING,,.��', JULY 15, 1975 ' •_ � i The meeting was called to order by Chairman Drigan 7:30 P.M. � � � , . MEMBERS PRESENT: . Drigans, Gabel, Plem ;�Kemper � MEMBERS ABSENT: Wahlberg � OTHERS PRESENT: Howard Mattso ,�'Engineering Aide � APPROVAL OF BOARD OF APPEALS,�COMMITTEE MINUTES OF MAY 27, 1975 MOTION by Gabel, seco d by Plemel, to approve the Board of Appeals Subcommittee minute of May 27, 1975 as written. Upon a voice vote, there being no n s, the motion carried unanimously. APPROVAL'OF.% OARD OF APPEALS SUBCOMMITTEE A:�NUTES OF JUNE 10, 1975 MOTIO by Plemel, seconded by Gabel, to approve the Board of Appeals Su ommittee minutes oi June 10, 1975 as written. Upon a voice vote,� ere being no nays, the motion carried unan�mously. 1. A REQUEST FOR A VARIA2dCE OF THE FRIDLEY CITY CODE, SECTION 205.063, 4B, TO REDUCE THE SI�DE YARD SETBACK FROM FIVE (5) FEET TO TWO (2) FEET TO ALLOW CONSTRUCTIOI�I OF A CARPORT AND A SCREENED PORCH ADDITION TO AN EXISTING D�^IELLING, LOCATED ON LOTS $ AND •�3, ��I€-yP-;-��-U IEW HEIGHTS ADDITI02d, THE SP,ME BE�'..�:� JANESVILLE _S�REET .E. , FRIDLEY, MINNESOTA 55432. (REQUEST BY JAMES R. MATISON). MOTION by Drigans, seconded by Gabel, to open the public hearing. Upon a voice vote,, there being no nays, the motion carried. ' � Mr. James Matison was present to present his request. � Chairman Drigans asked what the width of his•lot was, and Mr. Matison replied that it was 50 feet. Also, if he had discussed his request with the neighbors which he said he � had, and there had been no objections. He also mentioned that he had tried to purchase some land from his neighbor, Diane Mancino, who lives at 621 Janesville Street N.E., but that she no longer owns it, as it had been sold by her mortgage company.to a finance company. He stated that it would cost a great deal of money and time to purchase the necessary land required to put in the two columns for a carport without a variance. � The Comanission studied the proposed addition plan and then Mr. Kemper asked what the side yard setback was on the house ,: ' � Page 2 The Minutes of the Appeals Commission Meeting of July 15, 1975 was on the house next door. Mr. Matison answered that the • lay-out of the neighbors house was 48 feet from the line, and it was asked where the most likely place to put a garage would �be. Matison explained that the neighbor's kitchen was on the other side of the house which is where most people put their garages. Drigans asked how much of an overhang he proposed to put on this structure, and he said about 2 feet from the column, and would come a half a foot from the line. Mr. Kemper asked if this would be metal construction arid Matison said no, that it would be of wood and follow the same lines as the house with two steel columns supporting the roof. Mr. Plemel asked what the size of the next lot was. Mr. Mattson, Engineering Aide, explained that these lots were originally platted as 25 foot lots, and Mr.'Matison has two of them and the neighbors to the east�have three, giving them 75 feet of ,'.rontage. Mr. Drigans asked what his plans were for the screen porch and Matisan stated that i� would be a four screen porch, 12 x 18, added on to the rear bedroom and master bedroom. Mr. Driqans asked if he proposed to make that some type of a family room a�d he replied that rather than building up above the garage, he would hope to have this 18 x 12 structure used as a master suite, which would be two roo�s instead of one large bedroom. Mr. Plemel stated that thi.s would make it more like a room in the house instead of a screened porch, and Mr. Matison stated that it will be a porch designed with glass on it, with the entrance from french windows. He also stated that sometime in the future, he would like to add a fireplace and a barbecue. Mr. Drigans•asked if there was an administrative report prepared, and Mr. Mattson explained that he had talked to Mr. Clark, Community Development Administrator, because Mr. Clark also had a question on that because it appears that this addition on the back extends out as far as the carport, which is in violation of the code, so we included it in the request and � sent out another notice. Mr. Mattson also stated that Mr.,Clark's feelings were that on these 50 foot lots, the code does state that there must be a 10 foot sideyard on one side, and if the house does not have an attached garage, or does not have a garage, there must be 13 feet on the other side of the house for the allowance of a driveway for access to a garage built in the rear, one that could be built without a variance. At the t�me Mr. Clark made these statements, he did not'know that Mr. Matison had tried to purchase additional property. Mr. Mattson stated that because of these circumstances, this should be considered as part of the hardship. . � �. � +�+e � Page 3 The Minutes of the ap�,eals Commission Meeting of July 15, 1975 Mr. Plemel asked if he had considered building a garage instead of a carport and he said that he wanted to run a concrete slab there and have some kind of drive out to the road so that his kitchen didn't serve as the entrance to his house. Another reason � for not wanting a garage in the rear was that it would take up so much of the backyard. Mr. Kemper brought up the subject of Mr. Matison's discussion with his neighbor about buying a certain piece of property and what the outcome of it was, and lie replied that he did check with Mrs. Mancino's mortgage company and they no longer hold the mortgaqe on it. It would entail a lot of legal work to get permission from all parties involved which would be a considerable expense. Mr. Matison then , explained that his biggest problem was the side steps, which lead right into the kitchen. If he could somehow move that door, he wbuldn't need a variance because he would then have 9 feet, which is plenty of space to pull a car into, but he can't move that door without $5,000 or $6,000 worth of remodeling costs to the kitchen.� Mrs. Gabel asked how many bedrooms he now had in his house and he replied three. Chairman Drigans asked if tliis carport would be constructed so that he could enclose the sides and make it a garage and he said, yes. Mr. Kemper aslced if he the proposed cost figures and he said his own f igures, which would be about $3500 for the carport and driveway and $7500 for the porch. Mr. Plemel asked if he were going to hard surface the driveway and he said, yes. MOTION by Drigans, seconded by Plemel, to close the public hearing. Upon a voice vote, there being no nays, the motion carried. Chairman Drigans called the meeting now at the Committee level and discussion began with the lot size being the biggest hardship Mr. Matison had as he had tried to acquire some adjacent property, and the neighbor to the east had no objections. The neighbor's side yard setback is 48 feet. Mr. Plemel said'it was quite an ambitious project and he was in favor of it with the stipulation that Mr. Matison put in a hard surfaced driveway if 'he were going to convert it into a garage. MOTION was made by�Plemel, seconded by Gabel, to approve the variance in this case with the stipulation of the hard-surfaced driveway and the hardsliip of the lot size, to the City Council. Upon a voice vote, there being no nays, the motion carried. _- 2, p� `� R A VARIANCE OF THE FRIDLEY CITY CODE, SECTION 205.15 , (3), TO RE UES ION TO INCREASE THE MAXIMUM HEIGHT OF A FENCE TO TEN (10) FEET FROM SE T, TO ALLOW CONSTRUC T I O N O F A FENCE AROUND A SWINIINING POOL AREA, TO ED ON LOT 4, BLOCK 2, MOORE LAKE HILLS ADDITION, THE SAME BEING 6128 NE N.E. (RE UEST BY MR. C. E. LIABRAATEN. 6128 WOODY LANE N.E., EYr • MINNESOTA 55432). REGULAR COUNCIL MEETING Of AUGUST 4, 1975 PAGE 5 31 Mayor Nee asked if there had been any play back on the suggestions om the Council firom the Charter Commission. The Finance Director said copies the Council minutes had been sent to the Charter Corrarission and there had not b a reply received at the present time. The City Attorney said the Charter Commis ' n could review the suggestions and send any changes to the Council in form of an a ional ordinance proposal. The City Attorney noted a possible problem i ording in the section of the proposal concerning recall. He mentioned that ac ing to the provision, it �vould take 25% of the registered voters siqnatur on a petition. He questioned ��rhat a�ould be the case if this would be a War ouncilman and asked if this should be 25% of the Ward in this case. He said he coul ee that there may be some questions if this came up in the future. The City At ney suggested that the Charter Commission and City Council clarify this section bef someone has to go to court to find out the intent of the provision. Mayor Nee said h elieved this section must be rewritten before it could be used. UPON A ROLL LL VOTE, Councilman Fitzpatrick voting aye, hlayor Nee voting aye, Councilw �an Kukowski voting aye, Councilman �reider voting aye, ard Councilman Starw voting aye, Mayor Nee declared the motion carried unanimously. '�TVTNf THE MIPdUTES OF THE PLANNING COM(�IISSION �IEETIb1G OF JULY 15, 1975: COtdSIDERATION OF THE MIPdUTES OF THE APPEALS COMMISSION MEETIN�a OF JULY 15, 1975: � A REQUEST FOR A VARIA"iCE OF �� THE SIDE YARD SETQACK FROh1 rnR PnRT AND A SCREENED POR � FRIDLEY CITY CODE HEIGHTS OTA 554 063, 46, TO REDU OP� LOTS The Public Works Director explained the reques� to construct a carport, porch and addition to the existin g dwelling and said a variance would be requili�Cant ' because the lot is only 50 feet wi�e. He further explained tha+_ the app had attempted to purchase the adjacent property to allow this construction without a variance and there �vere some legal problems and expensa involved in this • acquisitiQn. He mentioned the siructure to the east of this property is 48 feet away. • Mr. Sobiech explained that Mr. Matison was present at the meeting to answer any questions from the Council. He further mentibned that the Appeals Commission had recommended approval of the request with the stipulation that a har� surface, driv� be installed. � Mayor fJee said he was not satisfied with the explanation �� t�e muesteoned hfWhe the applicant had tried to purchase the adjoining property. q had really tried to purchase it when the adjoining property owner does not own it. Mr. Matison explained to purchase from three te ten feet of property, he would have to track down who o4ms it and split it off and this would take a 1ot. ' a time and expense in legal fees. � �\.� Mayor Nee asked if this property would be a building site. After considera6le • discussion it was determined that the adjacent property would not comprise a building site. P1r. Matison said the cost to split a 25 foot parcel of property would be extensive and he guessed that the mortgage sompany would want him to � parchase the entire 25 foot lot. Mr. Matison said he did not need this much property. MOTIO� by Councilman Fitzpatrick to concur with the recommendation of the Board of Appeals and qrant the variances with the stipulation that a hard surface driveway be installed. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, P�layor Nee declared the motion carried unanimously. EST FOR A VARIANCE OF 7HE FRIDLEY CITY�CODE, SECTTON^205T1__ 54,_� u � Mr. Sobiech explained the reque ' ,Ee to increase the height of a fence to encompass an abeve ground swimming po d incorporate a�deck. He said the Appeals Commission had recommended approva the.request. MOTION by Councilman Starwalt to concur in�the recomm ion of the Appeals Commission and approve the request for a variance inthe hei f the fence at C 'lman Bre'rder Upon a voice vote, all 6128 Woody Lane. Seconded by ounc� • A �� ; 32 REGULAR COUNCIL MEETING OF AUGUST 4, 1975 PAGE 6 voting aye, Mayor Nee declared the motion carried•unanimously. A REQU[ST FOR A VFlRIANCE OF SECTION 205.053, 46, FRIDLEY CITY CODE, TO THE SIDE YARD SETQACK fROM 10 FEET FOR TFiE PURPOSE OF CONSTRUCTING AN EXISTING G4JELLIMG LUCFlTED ON LOT 1, LUP;D'S ADDITION, THE SAME QEING 12 FRIDLEY. t�1INNESO�iA 55432 R�QUEST BY DALE G. �tINER : TO AN The Public Works Director explained the request to be for the construction of an addition to the existing dwelling which would be 6.2 feet from the property line and will be 12 by 26 feet in size. He said the Appeals Commission had recommended approval of the request. Mr. .Sobiech said Mr. Pliner was present at the meeting to answer any questions. MOTION by Councilman Fitzpatrick to concur with the recommendation of the Appeals Commission and grant the variarrce as requested by Mr. Dale G, Miner. Seconded by Councilwoman Kukowski. Upon a uoice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF A VACATION REQUEST Sf�V #�75-05 BY RICHARD KOK, TO REDUCE THE � � DRAINAGE APlD UTILITY EASEMENT FROI�1 6 FEET TO O fEET OPd TNE SOUTH SID 6, BLOC�' l, CLARK'S ADCITI0�1, TH[ SAP1E QEING 6517 MCKINLEY STREET N. There was no action necessary on the request at the present meeting. CONSIDERATION OF VACATION REQUEST, SAV #175-07, BY VERLYN VANDER CUGT TO UACATE ION Councilman Starwait questioned if this request should be held up to incorporate the possible vacation request by the adjoining property owner. The City Manager explained that if this vacation was applied for, it 4aould have to come to the Planning Commission and would take some time. He mentioned there was not need to holcf up this request for that consideration since th e property owner was facing a time element:for construction. ihe Public Works Director explained that the app7icant had request�d.this vacation to allow the construction without taking;out the trees on the lot. Mayor Nee asked if there would be a need for a drainage easement. The Public Works Director explained th� conveyance easement on the tax forfeit propert�es could be obtained and access could also be obtained from the park property to the west. MOTION by Couricilman Starwalt to set the public hearing for September 15, 1975 for the matter of the vacation request by Verlyn Vander Lugt. Seconded by Councilman areider. Upon a voice vote, all voting aye, Mayor yee declared the motien carried unanimously. CONSIUERATION OF A;2EQUEST, SP,V #75-08, BY LEO 1EMKI: TO VACATE 47TH AVENUE N. E. BET4JEEN 3RD STRE—E�tJD Ui�IVERSITY VE�vUE, ANP, VACATE HE 12 FOOT ALLEY i MOIION by Councilman fitzpatrick to set the Public Hearing on Vacation request SAV �75-08, by Leo Lemki for September 15, 1975. Seconded by Councilman Starwalt. , Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimous-ly. The Public Works Director mentioned that this area was talk�d about by the j Council for possible use for tennis courts and this had not been considered by ' ' the Planning Comnission in their discussions concerning the vacation. Ne asked . if this should be passed back to i:he Planning Commission for this consideration. Councilman Fitzpatrick said he did not consider this a great location for a tennis.cou.rt, but said the area is void of any other possible locations. The• Pubiic Works Director said this matter could !�e discussed.at the Public Hearing. MOTI0�1 by Counciloioman Kukowski to receive the minutes of the Planning Commission meeting of July 23, 1975. RECEIVING THE MINUTES OF THE CA[iLE TELEVISION MEETIhlG OF JULY 17, 1975: CONSIDERATION OF REVISIOP! OF QYLAWS IN ARTICLES VI AND VII OF COMMISSION: The Public Works Director said according to the franchise, the City Council must � approve any changes in the rules and regulations and bylaws of the Commission, _ _ � _ _ _ _. _ . � � � � � � � � s° E° f, f f 560-345Q , .. - --- . �. �" �'�-' � _ l�C�� O �` CGLL�G ��. � �,- � � ��, .� . �. � �� I� r . . � . . � � . . . `�l �. � ANOKA COUNTY :-�I �C�:� i �� . \, �. 6431 UNIVERSITY AVENUE NE fRIDLEY, MENNESOTA 55421 ` I�� • : � . « .i � August 6, 1975 . _ Mr. James Matison �� - _ 631 Janesville St. N.E. ✓ � Fridley, Minnesota 55432 - � � Re: City Council-Board of Appeals . Action Taken Notice Dear Mr. Matison: : � On August 4, 1975 the Fridley City Council officially affirc�ed - the recommendation of the Board of Appeals that your variance request(s� - be approvedWith the stipulations listed below. Copies of the appraved � minute5 of the Aug. 4th � Council meeting will be available Sept: 9th Approved variances are valid for one year from the date of Council apprava� and may be renewed prior�to expiration. Variances that have expired must - be re-requested. . 1. Install a hard surfaced driveway. . ' If you have any questions, please call the Community Developinent . Office at 560-3450, Ext. 41. � � Since ely� � WARD G. MA S Community Develo ment Office HGM/mh