VAR 99-26GNOF
FRIDLEY
FRIDLEY MUNICIPAL CENTER - 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 - (612) 571-3450 - FAX (612) 571-1287
APPEALS COMMISSION
ACTION TAKEN NOTICE
October 15, 1999
Paul and Virginia Blake
4110 Main Street
Fridley, MN 55421
Dear Mr. and Mrs. Blake:
On October 13, 1999, the Fridley Appeals Commission officially approved your request for
variance, VAR #99-26, to reduce the required side yard setback from 10 feet to 9.3 feet to correct
an existing nonconformity and to allow the construction of a three -season porch on the most
easterly 185 feet of the tract of land described as follows: to -wit Lot 3, Auditor's Subdivision No.
39, except the south 85 feet of the east 453 feet and except the north 100 feet of the east 185 feet
thereof, subject to easement to NSP over the west 5 feet, generally located at 4110 Main Street,
with the following stipulation:
1. The petitioner shall obtain all necessary permits from the City prior to construction.
You have one year from the date of the Appeals Commission action to initiate construction. If
you cannot begin construction during this time, you must submit a letter requesting an
extension at least three weeks prior to the expiration date.
If you have any questions regarding the above action, please call me at 572-3593.
Sincrely,
P
PLI--
Paul Bolin
Planner
PB:Is
Please review the above action, sign below, and return the original to the City of Fridley
Planning Department by October 29, 1999.
Concur with action taken.
CITY OF FRIDLEY
APPEALS COMMISSION MEETING, OCTOBER 13,1999
CALL TO ORDER:
Chairperson Kuechle called to order the October 13, 1999, Appeals Commission
meeting at 7:30 p.m.
ROLL CALL:
Members Present: Larry Kuechle, Terrie Mau, Ken Vos, Carol Beaulieu, Blaine Jones
Members Absent: None
Others Present: Paul Bolin, Planner
Paul, Virginia & Casey Blake, 4110 Main Street N.E.
Stanley Kaczar, 4120 Main Street N.E.
Ann M. Baler, Andover, MN
Robert Brama, 1685126' Lane N.E.
Tom Brama, 3216 32"d Avenue, St. Anthony, MN
APPROVAL OF SEPTEMBER 22 1999. APPEALS COMMISSION MINUTES:
MOTION by Ms. Mau, seconded by Mr. Jones, to approve the September 22, 1999,
Appeals Commission minutes as written.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED
THE MOTION CARRIED UNANIMOUSLY.
1. PUBLIC HEARING: CONSIDERATION OF VARIANCE REQUEST, VAR #99-
26. BY PAUL & VIRGINIA BLAKE:
Per Section 205.07.03.D.(2).(a) of the Fridley Zoning Code, to reduce the
required side yard setback from 10 feet to 9.3 feet to correct an existing
nonconformity; and
Per Section 205.07.03.D.(2).(a) of the Fridley Zoning Code, to reduce the
required side yard setback from 10 feet to 9.3 feet to allow the construction of a
three -season porch on the most easterly 185 feet of the tract of land described
as follows: to -wit Lot 3, Auditor's Subdivision No. 39, except the south 85 feet of
the east 453 feet and except the north 100 feet of the east 185 feet thereof,
subject to easement to NSP over the west 5 feet, generally located at 4110 Main
Street.
MOTION by Dr. Vos, seconded by Ms. Beaulieu, to waive the reading of the public
hearing.notice and to open the public hearing.
APPEALS COMMISSION Mme_ i ING, OCTOBER 13, 1999 PAGE 2
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED
THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:33 P.M.
Mr. Bolin stated the petitioners are seeking a variance to reduce the side yard setback
from 10 feet to 9 feet 3 inches to correct an existing nonconformity and to allow the
construction of a three -season porch.
Mr. Bolin stated the code requires a side yard setback of 10 feet for living areas. The
petitioner's lot is 16,500 square feet in size. The property is zoned R-1, Single Family,
as are the surrounding properties. Across the street to the east is the City of Columbia
Heights. This lot was platted in 1939. The home was built in 1965.
Mr. Bolin stated the hardship summary statement indicates the petitioner would like to
add on to his house which was built too close to the property line.
Mr. Bolin showed photos of the home. The northern edge of the home was built 9 feet 3
inches from the property line. The petitioner is asking in addition to correcting this
nonconformity that the Appeals Commission recognize the 9 foot 3 inch line as the
proper setback for this home. In addition, the three -season porch would be set back at
the same distance. The neighbor's garage is located over 16 feet from the existing
home and from the addition as proposed.
Mr. Bolin stated the request is not the result of an act by the petitioners. The request is
also within previously granted dimensions. Therefore, staff recommends approval of
the request with the following stipulation:
1. Petitioner shall obtain all necessary permits from the City prior to construction.
Mr. Blake stated he just wants to match what is existing and line up the addition with
what is already there. The only neighbor affected does not object.
Mr. Kaczar stated he is the next door neighbor. He asked the Appeals Commission to
approve the request. It will be good for the property.
MOTION by Dr. Vos, seconded by Ms. Beaulieu, to close the public hearing.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED
THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:39 P.M.
Dr. Vos stated he went to the site. He agreed this is the best plan, and he saw no
reason not to approve the nonconformity. If they did not approve the variance for the
addition, there would be a jog there and still nonconforming for the house. There is no
advantage. He would vote in favor.
Ms. Beaulieu agreed. She would not require the petitioner to move their house nine
inches.
APPEALS COMMISSION MEC, ING, OCTOBER 13, 1999 PAGE 3
Ms. Mau stated she also visited the site and agreed it does not encroach.
MOTION by Dr. Vos, seconded by Ms. Mau, to approve Variance Request, VAR #99-
26, to reduce the required side yard setback from 10 feet to 9.3 feet to correct an
existing nonconformity; and to reduce the required side yard setback from 10 feet to 9.3
feet to allow the construction of a three -season porch on the most easterly 185 feet of
the tract of land described as follows, to -wit Lot 3, Auditor's Subdivision No. 39, except
the south 85 feet of the east 453 feet and except the north 100 feet of the east 185 feet
thereof, subject to easement to NSP over the west 5 feet, generally located at 4110
Main Street, with the following stipulation:
1. Petitioner shall obtain all necessary permits from the City prior to construction.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED
THE MOTION CARRIED UNANIMOUSLY.
2. PUBLIC HEARING: CONSIDERATION OF VARIANCE REQUEST. VAR #99-
27. BY TOM BRAMA:
Per Section 205.09.03.D.(2).(d) of the Fridley Zoning Code, to reduce the
required side yard setback, for an accessory building, from 5 feet to 3 feet to
allow the construction of a garage on the east 200 feet of Lot 13, Auditor's
Subdivision No. 89, except roads, subject to easement of record, generally
located at 1284 Norton Avenue.
MOTION by Ms. Beaulieu, seconded by Mr. Jones, to waive the reading of the public
hearing notice and to open the public hearing.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED
THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:42 P.M.
Mr. Bolin stated the petitioner is requesting a variance to reduce the side yard setback
for an accessory structure from 5 feet to 3 feet to construct an eight -stall parking garage
at 1284 Norton Avenue.
Mr. Bolin stated the code requires a side yard setback of 5 feet for an accessory
building. The property is located on the comer of Norton Avenue and Old Central. To
the north and west are additional multi -family buildings. To the east is Onan and to the
south is Medtronic. There are two rather large Medtronic parking lots separated by a
railroad track.
Mr. Bolin stated the lot was platted in 1949. The current seven -unit apartment building
was constructed in 1985. Tom and Robert Brama have recently purchased the property
and are in the midst of rehabbing the entire building. The building will have a new look
over the next few months.
APPEALS COMMISSION Mr -.r -TING, OCTOBER 13, 1999 PAGE 4
Mr. Bolin stated the hardship statement summary indicates that, without a variance, only
an 18 -foot deep garage could be built which would not be able to house a larger car or
truck.
Mr. Bolin stated the parking garage would be heavily screened from Medtronic to the
south. The petitioner originally proposed to build the garage five feet from the side yard
line which would leave a 23 -foot drive aisle. When the staff development review
committee looked over the request, the consensus of the planning, engineering, fire and
police staff was that they would rather see a 25 -foot drive aisle maintained and have the
side yard setback reduced to three feet being that it is well screened and there is
industrial use to the south. For those reasons, there are fewer impacts.
Mr. Bolin stated staff does recommend approval of the request. Granting the request is
not intended to set a precedent for future requests for other apartment buildings in the
R-3 district. Many R-3 districts are located next to single family homes for which the
impact would be of a different nature. Due to the unique location of this property
abutting well -screened industrial property, there are not impacts to the neighboring
properties. Having a garage will improve the appearance of the site. If the Appeals
Commission approves the request, staff recommends the following stipulations:
1. Code -required dumpster and recycling bin enclosures shall be provided at this
site, preferably attached to the new garage.
2. All building permits shall be obtained prior to start of construction.
Mr. Bolin stated the site has a garbage enclosure, but it is missing the code -required
doors, and staff feels it is too small to accommodate recycling bins as well. The site has
two more parking spaces than what is required by code. The site has 16 spaces and
code requires 14 for a building of this size. The garage would take up eight of the
parking stalls.
Dr. Vos asked where staff was suggesting the dumpster/recycling bin enclosure be
located.
Mr. Bolin stated the current enclosure is in the area of what on the map is parking stall
#12. Since there are two extra parking stalls, it would be possible to Out it next to the
garage or perhaps add on to the existing enclosure and add doors.
Ms. Mau stated the garage spaces are considered as parking stalls so the site would
still have the required number of parking stalls. Would it be possible to park cars in
front of the garage doors?
Mr. Bolin stated there would not be enough room.
Mr. Jones asked if two parking stalls would be needed for the garbage/recycling
enclosure.
APPEALS COMMISSION Mt, i1NG, OCTOBER 13, 1999 PAGE 5
Mr. Bolin stated, no. They may be able to get by with one stall. It would be a matter of
coming up with something that would allow the trucks to get in and have access.
Mr. Robert Brama stated he had no objections to the stipulations. It would be beneficial
to the tenants and the building to have a place for storage that is enclosed.
Dr. Vos asked about the question of the garbage enclosure.
Mr. Robert Brama stated they could attach it to the garage.
Mr. Tom Brama stated on the original site plan the enclosure takes up two parking
spaces. He would propose to put the enclosure in the triangular piece next to the
diagonal parking stalls so they could recapture the parking spaces. They would need to
work with the haulers on the design so they have the access they need.
Dr. Vos asked staff how strongly staff wanted the enclosure attached to the garage.
Mr. Bolin stated the code requires that this be enclosed. Staff is flexible on the location
as long it meets the code requirements.
Mr. Tom Brama stated they currently have no recycling for the tenants, but they want to
provide this service.
Mr. Bolin stated he would suggest changing the first stipulation to read, "The garbage
enclosure shall be approved by staff prior to the issuance of the building permit for the
garage."
Mr. Tom Brama stated they are trying to recapture the parking spaces. Many of their
tenants don't drive anyway, but they anticipate that will change in the future.
MOTION by Ms. Mau, seconded by Ms. Beaulieu, to close the public hearing.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED
THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:53 P.M.
Ms. Beaulieu stated this seems like a good plan. The garage will be an improvement.
She can see where they need the 20 -foot garage depth and that would be better than
decreasing the width of the drive aisle.
Mr. Kuechle concurred. To have a depth of less than 20 feet would not be good.
Although cars are shorter, tenants still need storage space. The more space the better.
The petitioner can work with staff to do the best job for the site. He would vote in favor
of the request.
Ms. Mau agreed. There is a hardship. To do this any other way would not be prudent.
APPEALS COMMISSION ML._ (ING, OCTOBER 13, 1999
PAGE 6
Mr. Jones agreed. He stated it does not seem to affect the property next door. The
property most affected is Medtronic, which is an industrial area and which is well
screened. He would vote in favor with the revised stipulation.
MOTION by Mr. Jones, seconded by Ms. Mau, to recommend approval of Variance
Request, VAR #99-27, by Tom Brama, to reduce the required side yard setback, for an
accessory structure from 5 feet to 3 feet to allow the construction of a garage on the
east 200 feet of Lot 13, Auditor's Subdivision No. 89, except roads, subject to easement
of record, generally located at 1284 North Avenue, with the following stipulations:
1. The garbage enclosure shall be approved by staff prior to the issuance of the
building permit for the garage.
2. All building permits shall be obtained prior to start of construction.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED
THE MOTION CARRIED UNANIMOUSLY.
Mr. Bolin stated the City Council would consider this request on November 8.
3. APPROVE 2000 COMMISSION MEETING DATES:
MOTION by Ms. Mau, seconded by Ms. Beaulieu, to approve the 2000 meeting dates
as follows:
January 12
July 12
January 26
July 26
February 9
August 9
February 23
August 23
March 8
September 13
March 22
September 27
April 12
October 11
April 26
October 25
May 10
November 8
May 24
November 22
June 14
December 13
June 28
December 27
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED
THE MOTION CARRIED UNANIMOUSLY.
4. UPDATE ON PLANNING COMMISSION AND CITY COUNCIL ACTIONS:
Mr. Bolin provided an update on Planning Commission and City Council actions.
APPEALS COMMISSION M . ING, OCTOBER 13, 1999 PAGE 7
RESIGNATION OF LAVONN COOPER:
Mr. Bolin stated that this is Lavonn Cooper's last Appeals Commission meeting. She
has accepted a full-time position, and her new schedule does not allow her to continue
as recording secretary. He stated Ms. Cooper has been a recording secretary for many
City of Fridley commissions for over 14 years and has done an excellent job.
The Commission members each expressed their appreciation to Ms. Cooper for her
many years of outstanding service and wished her well.
OTHER BUSINESS:
Mr. Bolin stated that because of no items, the October 27, 1999, Appeals Commission
meeting has been canceled.
ADJOURNMENT:
MOTION by Dr. Vos, seconded by Mr. Jones, to adjourn the meeting.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED
THE MOTION CARRIED AND THE OCTOBER 13,1999, APPEALS COMMISSION
MEETING ADJOURNED AT 8:00 P.M.
Res ectfully submitted,
Lavonn Cooper 00(14
Recording Secretary
City of Fridley Land Use Application
VAR -99-26 October 13, 1999
GENERAL INFORMATION SPECIAL INFORMATION
Applicant:
Paul & Virginia Blake
4110 Main Street
Fridley, MN 55432
Requested Action:
Variance
Purpose:
To decrease the required side yard
setback from 10' to 9'3" to correct an
existing non -conformity and allow the
construction of a 3 season porch.
Existing Zoning:
Residential - 1
Location:
4110 Main Street
Size:
16,500 sq. ft. .38 acres
Existing Land Use:
Single Family Home
Surrounding Land Use & Zoning:
N: Single Family & R 1
E: Columbia Heights
S: Single Family & R-1
W: Single Family & R-1
Comprehensive
Plan Conformance:
Consistent with Plan
Zoning
Ordinance Conformance:
Sec. 205.07.03.D.(2).(a) requires a minimum
side yard setback of 10' for any living area.
Zoning History:
Lot platted in 1939.
Home built in 1965.
Legal Description of Property:
Part of Lot 3, Aud. Subd. #39
Council Action:
October 25, 1999
Public Utilities:
Home is connected.
Transportation:
Home is accessed via Main Street.
Physical Characteristics:
Lot is covered by grass, home and an
existing garage.
SUMMARY OF PROJECT
The petitioner is seeking the variance to correct
an existing non -conformity and also to construct
a three season porch having the same side yard
setback.
SUMMARY OF HARDSHIP
"I would like to add on to my existing house
which was built too close to the property line.
So I need a variance for the side yard. " (Full
letter attached)
SUMMARY OF ANALYSIS
City Staff recommends approval of this variance
request, with stipulation.
It would cause great hardship to require a
property owner to remove their existing home,
due to a non -conformity that happened 35 years
ago.
(View of existing setback)
Staff Report Prepared by: Paul Bolin
VAR #99-26
Analysis
Paul & Virginia Blake, petitioners, are seeking a variance to reduce the required side yard
setback from 10' to 9'3" in order to correct an existing non -conformity at 4110 Main Street NE.
In 1965, the petitioners home was built 9'.3" from the side lot line. In order to correct this non-
conformity, and in order to construct a three season addition onto the home, a variance to
recognize 9'3" as the required side yard setback for this property is necessary. The City's policy
has been to correct non -conformities when owners apply for any City permits.
It would cause great hardship to require a property owner to remove their existing home, due to
a non -conformity that happened 35 years ago. Therefore, staff recommends approval of the
variance request.
Staff Recommendation
City Staff recommends approval of this variance request, with stipulation.
The need for the variance is due to the way the home was originally located in 1965, and not the
result of the actions of the petitioner. This request is also within previously granted dimensions.
VAR #98-05 150 Talmadge Way
a Reduced side yard setback to 4.4'.
VAR #97-10 6654 East River Road
a Reduced side yard setback to 6'.
Stipulations
1. All necessary permits shall be obtained from the City prior to construction of addition.
_10-1
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(Front of Petitioner's home)
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CITY OF FRIDLEY
6431 UNIVERSITY AVENUE
FRIDLEY, MN 55432
(612) 571-3450
COMMUNITY DEVELOPMENT DEPARTMENT
VARIANCE APPLICATION FOR:
Residential Commercial/Industrial Signs
PROPERTY INFORMATION: site plan required for submittal, see attached
Address: 1A I I 0 TT Kim S -F.
Property IdentificatiQg� Number: 3o "),4 I LI Ooo3
Legal Descriptio4"Laj?-jW Block Tract/Addition Avn%-Tby5 Sur, oky si®N
thl #Aa' 1&5',j
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Current Zoning: Square footage/a sage:
Reason for Variance: � �8
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Have you operated a usiness in a city which required a business license?
Yes No If Yes, which city?
If Yes, what type of business?
Was that license ever denied or revoked? Yes No
FEE OWNER INFORMATION (as it appears on the property title)
(Contract purchasers:Att&I'Jili e owners must sign this form prior to processing)
NAME: �1�-�
ADDRESS: O
DAYTIME PHONE: k5l-'lte(6 L-SD3 SIGNATURE/DATE: MjaAv
PETITIONER INFORMATION
NAME: '
ADDRESS:
DAYTIME PHONE: SIGNATURE/DATE:
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Section of City Code:
FEES
Fee: $100.00 for commercial, industrial, or signs:.
Fee: $60.00 for residential properties: — Receipt #:,Received By:
Application Numbs 'J � G.--
Scheduled Appeals Commission Date: - I
Scheduled City Council Date: 16,,z.
10 Day Application Complete Notification Datel: 9-��
60 Day Date:
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City of- Fridley Land Use
Application Process'
1 60 Day Agency Action Law
Application Date IjAppeals Commission Meeti
60 Day Window Starts Recommendation to Council
21-40 Days
Application Complete
10 Day Notice
Submit Complete
Application and
Materials
Public Hearings:
Variance
Vacations
Lot Splits
Plats
Rezonings
Zoning Amendments
Wetland Replacements
Comprehensive Plan
Special Use Permits
City Council Decision
Approval or Denial
50-60 Days
Approved, Action Taken Letter
Tabled, 60 More Days
I Denied I
Public Hearings:
Rezonings
Zoning Amendments
ao cry of
Fridley
Community Development Department
Land Use Permit Notification
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CITY OF FRIDLEY PUBLIC HEARING NOTICE
BEFORE THE APPEALS COMMISSION
TO:
Residents within 350 feet of 4110 Main Street
CASE NUMBER:
VAR #99-26
APPLICANT:
Paul & Virginia Blake
4110 Main Street
Fridley, MN 55421
Petitioner or representative must be at meeting.
PURPOSE:
a To reduce the required side yard setback from 10 feet to
9.3 feet to correct an existing nonconformity; and
e To reduce the required side yard setback from 10 feet to
9.3 feet to allow the construction of a three -season porch
LOCATION OF
PROPERTYAND
4110 Main Street, Fridley, MN
LEGAL
DESCRIPTION:
The most easterly 185 ft. of the tract of land described as
follows, to -wit Lot 3, Auditor's Subdivision No. 39, except the
south 85 ft. of the east 453 ft. and except the north 100 ft. of
the east 185 ft. thereof, subject to easement to NSP over the
west 5 ft.
DATE AND TIME OF
Appeals Commission Meeting, Wednesday, October 13,
HEARING:
1999, 7:30 p.m.
The Appeals Commission meetings are televised live the
night of the meeting on Channel 35.
PLACE OF
Fridley Municipal Center, City Council Chambers
HEARING:
6431 University Avenue
HOW TO
1. You may attend hearings and testify.
PARTICIPATE:
You may send a letter before the hearing to Scott Hickok,
Planning Coordinator, or Paul Bolin, Planner, at 6431
University Avenue N.E., Fridley, MN 55432 or fax at 571-
1287.
SPECIAL
Hearing impaired persons planning to attend who need an
ACCOMMODATION:
interpreter or other persons with disabilities who require
auxiliary aids should contact Roberta Collins at 572-3500 no
later than October 6, 1999.
ANY QUESTIONS:
Contact Scott Hickok, Planning Coordinator, at 572-3599, or
Paul Bolin, Planner, at 572-3593.
Mailing Date: October 1, 1999
JENNINGS DARLENE & JOHN C 0HARLEY GARY J SAYDOS P J & MENKEN D L
10 40 1/2 AVE NE 12013 IBIS CIR NW 375 BELMONT LN E
FRIDLEY, MN 55421 COON RAPIDS, MN 55433 MAPLEWOOD, MN 55117
CURRENT RESIDENT
4030 MAIN ST NE
FRIDLEY, MN 55421
STEISKAL RUBY R
4050 MAIN ST NE
FRIDLEY, MN 55421
KACZOR STANLEY
4120 MAIN ST NE
FRIDLEY, MN 55421
BURLINGTON NORTHERN
Bad Address 1
FRIDLEY, MN 0
Bad Address 4
FRIDLEY, MN
PIKUS ANTHONY P & ROSELLA J
4036 MAIN ST NE
FRIDLEY, MN 55421
ABBOTT JOAN E & ROEHL KAREN
4100 MAIN ST NE
FRIDLEY, MN 55421
REINHOLDSON DAVID L A
4130 MAIN ST NE
FRIDLEY, MN 55421
BURLINGTON NORTHERN
Bad Address 2
FRIDLEY, MN 0
CURRENT RESIDENT
4042 MAIN ST NE
FRIDLEY, MN 55421
BLAKE PAUL J & VIRGINIA 1
4110 MAIN ST NE
FRIDLEY, MN 55421
PEASLEY RICHARD W & CINDY M
4140 MAIN ST NE
FRIDLEY, MN 55421
Bad Address 3
FRIDLEY, MN 0
September 23, 1999
Mr. & Mrs. Paul Blake
4110 Main Street
Fridley, MN 55432
Dear Mr. & Mrs. Blake:
Per Minnesota Statute 15.99, local government units are required to notify land use
applicants within 10 days if their applications are complete. We received an application
for a variance on September 17, 1999. This letter serves to inform you that your
application is complete.
Your variance application hearing, discussion, and action will take place at the City of
Fridley Appeals Commission Meeting on October 13, 1999 at 7:30 P.M. in the City
Council Chambers at 6431 University Avenue.
If you have any questions regarding this letter or the process, please feel free to contact
me at 572-3593.
Sincerely,
Paul Bolin
Planner
PB
C-99-172