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AF-V - 47943� � _ . sue�ecr . . � ��.,� ���y �� �i ������� - � AT THE TOP OF THE TININS i ; ��, ..._ - - APP..L.I:�CAT;I{�� TQ: $��RD� �F- APPEALS , � , � ; � ,_____� COMMUNITY QEVELOPMENT DIV. � � ' ; ° ; � � PROTEC7IVE INSPECTION SEC. � � j � � `� --�w��"��`'� GTY HALL FRIDLEY� � 55432 MUMBEH ���EV.� ?DATE ; VAGE OF avNHOVeaax, � •� � si2-ssasasa . � 910-F23 �. 3.�21;/75 a 1 2� 800 �� " _ . . � Name�,/��°C/� Cd� �"il1�C� �/i Address �d i�I��'�� ���F� � e. i��y` 8G� Y n �,� �/% — Legal Lot No. Block No. Trac� or Addn. g: Description � i� � � - �/G°��i le/�w h�C��t/�/'� - Variance Request(s); including,stated hardships (attach plat or survey o€ pro ty sh;o�ainq building, va.riances, e�.c�, where applicaYile) ?� ,���ry� �. �D.� � UJ�.� � �� . ,� R�p��i �'��'�r �. �-o� 6U «r� o �v . 7�� �+- s���-�', � � ,� �-.v�, �i"r/C�`' CAA�-��% .e� �/�/C�Cs� C ��h �'Cai, �s�S'C°" - --- - , e��� g ,•�„� �'C�U �� S/L�� ��/�� S�1"�°��� /' o/� Zlt�f:� � ��i�' �s�v�-/ /'C� i�' o j c' ��'� � o��C= �i j� �/i .�C�3� O� LQj � , � .,re . �i ��r,�r�cc= s�,�c° y��� �e�-�.��� i��r� �����c S'rrc ��;'o.� � .� %- � � � �/ � � f�v o�.�C/� -� ? � .�� � /.✓L� �s � � r.. � � - Date .. %��7-? Meeting Ddtc P�ee Receipt No. S�ignat re %U—�y '�% `��` � � �/� i��� Comments & Recommenda�ions bY ;zhe Board of Appeals - � ' ' � � ; � ° ���� . � ` c��1 - - -- � � , . � --- . _ . _ _.. _ � + c,� -------. 0 .-.�...�.,�..._ � -- - _. .. . __,.__...._ . � .. . ,._. .. .. . � -. _ ._. _ . _ .._ . .. �� City Council Ac�tion and Date - � �- �' i� � . _. _ .' � . -� _. _ _ `� 'ip . . _ � .. , �E . � - . ' _..�_._ _ .. � i - -� i .... _ ' r SUBJtCt � �;;ty �� ����l�y �'' APPLICATIO�J TO BOARD OF APPEALS AT THE. TOP OF THE TWINS r � � � � COMMUNITY DEVELOPMENT DIV. �Sti1ff Report) i L t; � r � � PROTECTIVE INSPECTION SEC. 1 . � 1 � � r'��1 � CITY H ALl FRIOLEY SS4$2 NUMAFH REV. DATE PAGE O� APPHOVEU BY �""'�'� `'� 612•560-3450 910-F23 1 3/21/75 2 2 800 Staff Comments Board members notified o� meeting by �� ��/' 7% . List members, date notified, and "Yes" or "No" for plans to attend hearin . Plan Date To Attend Name ! ,, � ��� Pearson making appeal and the following property owners having property within 200 feet notified: By Whom Name Date Phone or Mail Notified /� - � � ��; �' � Theodore Thompson-675 Kim6a11 St. N.E. �, Mr. & Mrs. Dennis Hamre-655 Kim6a11 St. N.E. Mr. Russel Tenney-725 Kim6a11 St. N.E. Frank DaugFien6augfi, 409 Maple St. 55432 Mr, & Mrs. Erwin Hartman-735 KTm6a11 St. N.E. Mr. & Mrs. Leonard l�oore, 8301 Riverivew Terrace Mr. & �lrs. F7oyd �7ohnson-8325 Riverivew Terrace Mre & Mrs. Edward Coleman-b79 Janesville NE. - ,Norm:an Cfiazin=6950 Wayzata Blvd. Suite 221, St. Louis Park 55426 Mr. &�1rs. Gerald Woodard-699 Janesvi l le S t. N E .Michael Heller-8245 Riverview Terrace N.E. Mr. & Mrs. Richard SmTth-8275 RivervTew Terrace N.E. ,Mr. & l�rs. Ronald Watson -8295 Riverview Terrace NE �Mr. & 1�1rs. Stanley Barone-686 Kim6a11 St. N.E. ,Mr. & Mrs. David Kuehn-676 Kim6a11 St. N.E. Mre & Mrs. Nea�; Shoquist-666 Kimball St. N.E. 1 Mr. & Mrs. David Provost-656 Kimball St. N.E. LaVonne Bro6erg=646- Kimball St. N..E. -- -- ----- «�-� .. � OfFICIAL NOTICE CITY OF FRIDLEY PUBlIC HEARING BEFORE THE APPEALS COMMISSION d � ., t � . . . . . .. �- . , TO WHOM IT MAY CONCERN: y , �w N4TICE IS NEREBY GIVEN that tF�e Appeals Comnission of the City of Fridley will meet in the Council Chamber of the City Hall at 6431 University Avenue Northeast on Tuesday, October 25, 1977 at 7:30 P.M. to consider the following matter: A request for variances of the Fridley City�Code as follows: � � Section 205,053, 1B, to reduce the lot area, for a lot platted before December 29, 1955, from 7500 square feet to 7220 square feet, and Sectlon 205.053, 4, A, to reduce the front yard setback from tfie required 35 feet to 30 feet. to allow the construction of a house and garage, located on Lots 8 and 9, Block 0, Riverview Heights, the same being 729 Kimball 3treet N.E., Fridley, Minnesota.(Request by Frank Daughenbaugh, 409 Maple --.----..__. Avenue N.E., Minneapolis, Mn 55432). Anyone who desires to be heard with reference to the above matter will be heard at this meeting. VIRGINIA SCHNABEL CHAIRWOMAN APPEALS COMMISSION Note: The Appeals Commission will have the final action on this request, unless tfiere are objections from surrounding neighbors, the City Staff, or the petitioner does not agree with the Comnission's decision. If any of these events occur. the request will continue to the City Council through the Planning Cortenission with only a recomnendation from the Appeals Comnission �GITY O:- PAiDlLSY,r SUa.�CtyY'4. M1Nr11890TA CDIVIIdiiaS��QV A�F�LI'��'�'��3I18 _.._ � . g�V��V10. _ . _ _ _ . Ue Crim / NisiOm' � � b - , P _ . .._ r�, �, � _, �. � ..., • . •... � . . ' 2V g A ed y � _ _ Nvm er j Fi : a � A pro+r b � Date . '/'t/a✓�//� '� . �"� ' CDMPLETIE qEV1EW CH�CKI�IST ' ' ` RETURN TD i�L.�►ryaV11Vp ' , �..:.: � , ,. � FILE NO/ AODI�E� _ /�� • � j ,.lS� ".°�i��c'r'�� _ � . 1s ` OU� OA , . /v�� IT3 �u.g o �rs _ . �g��d� � � r... � � V, : � �! � 1 . �ir ' � '' , 1 ' � ,A / ' ,�I � �� � : �.. � . ��.j , / , , �, r ���� � � � � � ��. � I � _ , :�.�J � � , . _ - , ,� . � � � 4 � �:: ':�. ' �� � _ �. , \ 1 _ �, � �: Item # 2 October 25, 1977 - ADMINISTRATIVE STAFF REPORT 729 Kimball Street N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.53, 1, B, requiring a minimum lot areas on a lot recorded before Dec�mber 29, 1955 of 75U0 square feet. Public purpose served is to avoid overcrowding in the residential neighborhood and to avoid an excess burden on existing water and sewer services. � Section 205.053, 4, A, requiring a front yard settrack of 35 feet. Public purpose served is ta allow for off-street parking without encraaching o� the public right of way. Also for aest�etic consideration to reduce the "building line of sig�t" encroachment into the neigh6ors front yard. B:� STATED HARDSHIP: No other land near by available far purchase, and to fit plan on the lot variances required. Lat unbuildable without a variance. C. ADMINISTRATIVE STAFF REVIEW: Requests to build on sites such as this in ihe Riverview Heights area have been common. The site is not located in the flood plain. It appears that there is approximately 4 feet from the East property line to the neighbor's garage. Neighboring front yard setbacks are less than.35 feet. (Please refer to petitioner`s survey�. Note: The address may be changed for this lot, when there is an address change.for the general area. � APPEALS COMMISSION M�� ING - OCTOBER 25� 1977 P a�e � is ' ' � _ � . Mr. Mealhouse indicated that the entire wall except for a 12 inch beam would be removed. � Mr. Plemel asked if they would do the construction themselves. � Mr. & Mrs. Mealhouse indicated.that a contractor would do the work. They said that as soon as the variance �r�ould be granted, the contractor planned to start the v�rork. Mrs. Mealhouse said that the neighbors that she had talked to vrere in full agreement with vrhat they planned. Chairperson 5chnabel indicated that there had been no communication from any of the neighbors that had been notified. � Chairperson Schn.abel said that it had been established that there ivas more than. the 20 feet required between the adjacent living areas and that the adjacent house probabl,y ti�ould not add to that side and even if they did, they could add 18 or 19 feet if they so desired. MOTION by Mr. Kemper, seconded by Mr. Plemel, to close the Public Hearing. Upon a voice vote, all voting aye, the motion carried unanimously. The Public Hearing ��ras closed a� 7: 52 p, M. Ms. Gabel said that the Mealhouse�s certainly did have a hardship �r�ith the small rooms in the existing structure. She said that they really clid need more room. MOTION by Mr. Kemper, seconded by Ms. Gabel� that t-he � Appeals Commission approve the request for variance of Section 205.053, y., B Fridley City Code� to reduce the side yard adjoining living areas from the required. 10 feet to 8.1 feet, to allocv the construction of an addition to the back of an existing house, located on Lots 4 and 5, Block 17� Fridley Park Addition, the same being 40 NE 63rd 1'Jay, Fridley, Minnesota. Upon a voice vote� all voting aye, the motion carried unanimously. Chairperson Schnabel indicated that they tivere free to apply for their building permit. 2. RE�UEST FOR VARIANCES OF FRIDL�Y CITY CODE !�S FO�LOLSIS: . , � 0 REDUC� THL LOT 11RF�1 FOR � LOT �_ �_ �_ L � B� R , 19 ,� RQM 00 S�UARE FEE' '� �� 1V 17L' LVVL' D I'i. �T T0�0 F��T, �D GARAG� LOC11TrL? ON S,`TH� SI�M� B�ING ��� 1�11't17t�LL e71tCi:�L' 1 1VL' � r 1(1JJLL';Y P'111V1VliT.iU'1'A. � tzequest bjr ra ��ug en aug � ap e venue�I �� Mpls� MN 55432) . MOTTON by Mr. Barna� seconded by Mr. Plemel� to open the Public Hearing. Upon a voice vote� all voting aye, the motion carried unanimously. The Public Hearing was opened at 7:5� P�M. APPEALS COMMISSSON MEETING - OCTOB�R 25� 1977 Pa�� 4 , ADMINISTRATIVE STAFF REPORT 729 Kimball Street N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.53, 1; B, requiring a minimum lot areas on a lot recorded before December 29, 1955 ofi 7500 square feet. Public purpose served is to avoid overcrowding in the residential neighborhood and to avoid an excess burden on existing wa�er and sewer services. Section 205.053, 4, A, requiring a front yard setback of 35 feet. Public purpose served is to allow for off-street parking without encroaching on the public right of way. Also for aesthetic consideration to reduce the "building line of sight" encroachment into the neigh6ors front yard. B.� STATED HARDSHIP: No other land near by available for purchase, and to fit plan on the lot variances required. Lot un6uildable without a variance. C. ADMINISTRATIVE STAFF REVIEW: Requests to build on sites such as this in the Riverview Heights area have been common. The site is not located in the flood plain.� It appears that there is approximately 4 feet from the East property line to the neighbor's garage. Neighboring front yard setbacks are less than 35 feet. (Please refer to petitioner`s survey). Note: The address may be changed for this lot, when there is an address change for the general area. � �.�-� APP�ALS COMMISSION M��TING - OCTOl3�R 2, 1�977 Pa�e 5 } . �- �' Mr. Daughenbaugh showed the Commission the plans he had for the house he vranted to build on the lot in question. He said that the request to reduce the lot size was a matter of practicality, since there ��ras no adjacent land he could purchase to bring the lot size up to ?500 square feet. . Mr. Daughenbaugh indicated that the front yard setback variance ti��as being requested for a number o� reasons� He explained that the neighboring garages �vere not set back to the required 35 feet; therefore he �r�anted the variance to enable his proposed structure to be consist.ent tivith the neighborhood. He said that he ti�rould also like to have more back yard space and there �r�as tvro trees in the back yard that ti�rouldn�t have to be removed if the variance ��aas granted. Mr. Daughenbaugh entry house, rrith ttivo possible ttivo bedrooms said that the house ��ould be a split bedrooms on the mai.n floor and a in the lotiver level. Mr. Kemper asked if Mr. Daughenbaugh c�ras the buil der. Mr. Daughenbaugh said that he �ras the oti�ner and that he �rould also be the builder. Mr. Kemper asked if Mr. Daughenbaugh i�rould be living in the proposed house. Mr. Daughenbaugh said that he �rasn't sure, He said that his lvife tivas not entirely convinced that she wanted to live in that house. He said that there �rould be a possiblity that it 4rould be a speculation; but he said that as far as he knetiv� they �*rould be living in the house themselves, � Mr. Russell Tenney of 725 Kimball Street NE, indicated that he had no objections to the granting of the variances. Chairperson Schnabel questioned the NOTE: that appeared in the Administrative Staff Report that stated that the address may be changed for this lot, i^�hen there is an address change for the general area. Mr. Tenney indicated that his address �vas 725 Kimball Street NE and the house directly across the street from him l�ras 666 Kimball Street. Mr. Holden said that the ttivo lots erere already served Nith serrer and water� so there vrould be no extra burden in the area. 1�4r. Kemper asked if Mr. Daughenbaugh o��rned the lots. Mr. Daughenbaugh indicated that he did ocvn the lots. .-�-,Q APPEI�LS COMMISSION MrrTIP1G - OCTOB�P, Z5� 1977 Pa�e 6 - - - �, - � Chairperson Schnabel asked if there ��rere any easement requirements on the lots. Mr. Daughenbaugh said that there �vere none indicated on the survey. MOTION by Mr. Kemper, seconded by Mr. Barna, to close the Public IIearing. Upon a voice vote, a11 voting aye, the motion carried unanimously. The Public Hearing was closed at 8:08 P.M. Mr. Kemper said that since the property tivas already served by se�x�er and �rater, the reduction in the square footage shouldn't pose any problems. He saic� that the front yard setback vaas probably better at 30 feet than at the 35 foot requirement from the aesthetic standpoint since the other homes in the neighborhood were not setback 35 feet. Mr. Plemel said that the proposed plans seemed to make the best use of the land. MOTION by Ms. Gabel, seconded by I��r. Barna, that the Appeals Commission approve the request for variances of Fridley City Code as follows: Section 205.053, 1� B, to reduce the lot area for a lot platted before December 29, �955, from ?500 square feet to 7220 square feet, and Section z05.o53: 4, A, to reduce the front yard setback from the required 35 feet to 30 feet� to allotiv the construction of a house and garage, located on Lots 8& 9, Block 0, Rivervieti� Heights, the sarne being 729 Kimball Street NE, Fridley, 1�7P1. Upon a voice vote, all voting aye� the motion carried unanimously. � Chairperson Schnabel indicated that rir. Daughenbaugh could apply for his Building Permit. 3. R�OUEST FOR VARIATdC� OF THL FRIDLEY CITY CODE. SECTION .� B TO R�D CE �� D AR A JO1 G Lf VIPdG r, � � T�, RT ;�?i1 RLD 1 FE��' TO � FL'�T, TO ALLOti� THE � L r�'� � 1 i, At� L� T�' 'f�6b�A�'D �.VA AVENUE � , � . + ;, , • � �`eques y enne�i �ran�z; 'r0�b�"�Tena venue� , � ridley, MN 55432) MOTION by Mr. Plemel, seconded by Ms. Gabel, to open the Public Hearing. Upon a voice vote� all voting aye� the motion carried unanimously. 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