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VAR 03.70OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE BOARD OF APPEALS TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN THAT the Board of Appeals of the City of Fridley will meet in the Council Chamber of the City Hall at 7:30 P.M. on Wednesday, March 25, 1970 to consider the following matter: A request for variances of Section 45.053, •No. 4C, to reduce the minimum rear yard lot depth requirement from 25 feet to 20 feet and Section 45.153, 2, to reduce the average of the front yard depths of existing buildings within a distance of 100 feet on both sides from 67k feet to 35 feet, which is the required setback in this area, on the North 100 feet of Lot 8C, Auditor's Subdivision No. 21, the same being 6551 Oakley Drive N.E., Fridley, Minnesota. (Request by Mr. Orrin E. Lovelace, 6558 Oakley Drive N.E., Fridley, Minnesota.) Anyone desiring to be heard with reference to the above matter may be heard at this meeting. DONALD MITTELSTADT CHAIRMAN BOARD OF APPEALS r APPLICATION TO TRE BOARD OF APPEALS AND CITY COUNCIL FOR SPECIAL USE PERMIT, VARIANCE IN REQUIREMNTS OF CERTAIN ORDINANCES OF THE CITY OF FRIDLEY (Applicant to complete items 1, 2, 3) 1. Name and Address of Applicant__()kktIf%J e fl 2. Legal Description of Property (also general location, such as. -"north- east corner of 64th Avenue and Sth Street" or 6415 Fifth Street") 3. Describe the variance requested. (Attach Flat ux Survey of Property showing location of proposed building, etc., also adicining properties and ownership within 200' of said property.) W-6 ya P 4. Comments by administrative official denying original request for building permit or other permit. (To be completed by administrative official. Appropriate ordinances and section of ordinances to be cited.) mss. NI d J J :Lee of Nearing dates 8 (must be at least attached) • - 2 - fficial Newspaper on the following Board Dealers 'not if led of meet ing by • V h Ck L t�i, a,3 Gast Members, Date Notified, and "Too" or eek o or plow to attend bearie►g) , a Plan to Attend IPWOOM making appeal and the following property awnozz heving property within 200° notified: By fto ne Votifled by Date or ib (I�saiti�il) �d1 y �.n ,��i o , vi .tl ,A� tJ_�S Qcc r�-�¢ a/( / �J, l Y l� -c.('tv -(�� �� Mc1 X21!0 c r ,j - Lo LLD lJ Tbo Following Board Members and interested parties were premanw-t at the lWtri.a$: BOARD NMERS — 3 - OTHER PARTIES: WAKE ADDRESS �o Opiniow and recomendatidn® by BOARD OF APPEALS: 1-41. 1 ae A. IQ I) A, _ , Y . . . /1 'IQ... .. . a 4-% Agetnat Recomendetiono THE MINUTES OF THE BOARD OF APPEALS MEETING OF MARCH 25, 1970 The meeting was called to order by Chairman Mittelstadt at 7:30 P.M. MEMBERS PRESENT: Mittelstadt, Ahonen, Harris, Minish, O'Bannon OTHERS PRESENT: Clarence Belisle -Building Inspector Al Bagstad-Building Official The minutes of March 11, 1970 were corrected on page 5 to read: Seconded by Harris. Upon a voice vote, Minish, Harris and Mittelstadt voting aye, Ahonen abstaining, the motion carried. MOTION by Minish to approve the minutes of the March 11, 1970 meeting as ammended. Seconded by Harris. Upon a voice vote, there being no nays, the motion carried unanimously. Chairman Mittelstadt read the City Council Minutes of March 16, 1970 that concerned the Board of Appeals items of the March 11, 1970 meeting. 1. A REQUEST FOR A VARIANCE OF SECTION 45.053, 4A,.TO REDUCE THE FRONT YARD SETBACK REQUIREMENT FROM 35 FEET TO 20 FEET, TO ALLOW THE CONSTRUCTION OF A GARAGE ONTO EXISTING DWELLING LOCATED ON LOT 6,BLS, PEARSON'S CRAIGWAY ESTATES 2ND ADDITION, THE SAME BEING 361 BELLAIRE WAY N.E., FRIDLEY, NKINNESOTA. (REQUEST BY MR. DONALD J. DIBOS, 361 BELLAIRE WAY N.E., FRIDLEY, .MINNESOTA. ) 2. A REQUEST FOR A VARIANCE OF SECTION 45.053, 4B, TO REDUCE THE REQUIRED SIDE YARD SETBACK REQUIREMENT FROM 10 FEET TO THE EXISTING 8.67 FEET TO CONVERT AN EXISTING ATTACHED GARAGE INTO LIVING AREA ON LOT 6, BLOCK 3, PEARSON'S CRAIGWAY ESTATES 2ND ADDITION, THE SAME BEING 361 BELLAIRE WAY N.E., FRIDLEY MINNESOTA. (REQUEST BY MR. DONALD J. DIBOS, 361 BELLAIRE WAY N.E., FRIDLEY, MINNESOTA.) Mr. Donald J. Dibos was present to present the request. A survey of the lot, dated March 11, 1970, showing the existing dwelling and the proposed addition was shown to the Board. Mr. Dibos explained that the existing garage will be turned into living area with part of it being storage space. The proposed garage will be built in front of the existing garage and will be 20 feet by 24 feet. Mr. Dibos presented a letter to the Board, which was signed by the property owner to the West of Mr. Dibos Ilot, Mr. Carl Britton, stating he did not object to the proposed construction. MOTION by O'Bannon to receive the letter signed by Mr. Britton. Seconded by Harris. Upon a voice vote, there being no nays, the motion carried unanimously. Chairman Mittelstadt added for a matter of record that the property owner of the lot to the East of Mr. Dibos, was notified of the public hearing and apparently has no objection to the construction. 3. The Minutes of the Board of Appeals Meeting of March 25, 1970 Page 2 A sketch of the proposed work was shown to the Board. Mr. Dibos stated that this is the only direction he can go to expand his home as the home is a two story walk out in the back and there is a steep slope to the land which prevents building without fill being brought in. There would be no possible way of adding on to either side of the house -as the sideyards are at the minimum requirement now. ' MOTION by Minish to close the two public hearings on 361 Bellaire Way N.E. Seconded by Ahonen. Upon a voice vote, there being no nays, the motion carried unanimously. MOTION by Minish to recommend to the City Council approval of the two requests for the following reasons: 1. The front yard setback request of 20 feet would be farther back than the setback on the structure to the West, 351 Bellaire Way N.E., so it will not create any traffic hazard as far as visibility is concerned. 2. It is a hardship in the fact that there is no room to the East to add onto the house, and the slope to the North prevents building without ' a.lot of expense. 3. The requested sideyard setback is merely to conform to what is already there. The existing structure will not have to be moved in any way. Seconded by O'Bannon. Upon a voice vote, there being no nays, the motion carried unanimously. A REQUEST FOR VARIANCES OF SECTION 45.053, 4C, TO REDUCE THE MINIMUM REAR YARD LOT DEPTH REQUIREMENT FROM 25 FEET TO 20 FEET AND SECTION 45.153, 2, NCE OF D SETB SION N0 TBYNR AVERAGE OF THE FRONT YARD DEPTHS OF EXISTING BUILDINGS WITHIN 100 FEET ON BOTH SIDES FROM 672 FEET TO 35 FEET, WHICH IS THE ACK IN THIS AREA, ON THE NORTH 100 FEET OF LOT 8C, AUDITOR'S 21, THE SAME BEING 6551 OAKLEY DRIVE N.E., FRIDLEY, MINNESO ORRIN E. LOVELACE. 6558 OAKLEY DRIVE N.E., FRIDL_EY. MINNESO Mr. Orrin Lovelace and Mr. George Wells were present to present the requests. Mr. George Wells, 6553 Oakley Drive N.E., is the owner of the property and Mr. Lovelace is the proposed buyer. A drawing of the North 100'feet of Lot 8C and the two adjoining lots, Lot 8A and the South 2 of Lot 8C, was shown to the Board. This drawing showed the position of the existing homes on Lot 8A and the South 2 of Lot 8C, and also the proposed dwelling. Mr. Wells explained his home, on the North side of the North 2 of Lot 8C, is setback approximately 100 feet from the street and the house to the South of the North 100' of Lot 8C is setback only 36 feet. The average setback of the two would be 672 feet. The Minutes of the Board of Appeals Meeting of March 25, 1970 Page 3 Mr. Wells was asked about the lot split he was granted on the North 100' of Lot 8C. Mr. Wells explained that he had asked for 12 feet to be split from the North 100' of Lot 8C, to act as a buffer or fencing area between his property and the property in question, in the event someone would build.on it. This lot split was granted last fall. He explained further that the North 100 feet of Lot 8B is now landlocked and unbuildable and he plans to leave it that way for a playground. In the event the land was sold, the road would be constructed on the East side of the landlocked property and it would not effect the North 100 feet of Lot 8C. MOTION by O'Bannon to'close the public hearing. Seconded by Minish. Upon a voice vote, there being no nays, the motion carried unanimously. MOTION by O'Bannon to recommend to the City Council approval of the request for the following reasons: 1. The land has already been split, by previous Council action, and it is impossible to build a dwelling on the land by taking the mean setback, and still come close to the rear yard requirement. 2. The requested setback is equal to the setback of the house on the South. Seconded by Harris. Upon a voice vote, there bein g no nays, the motion carried unanimously. 4. A REQUEST FOR A VARIANCE OF SECTION 45.052, 1, FRIDLEY CITY CODE, TO INCREASE THE MAXIMUM HEIGHT OF A RADIO ANTENNA FROM 20 FEET ABOVE DWELLING ROOF TO 50 FEET ABOVE DWELLING ROOF TO PERMIT THE ERECTION OF AN AMATEUR HAM RADIO ANTENNA ON LOTS 8 & 9, BLOCK 5, SPRING BROOK PARK ADDITION, THE SAME BEING 159 LONGFELLOW STREET N.E., FRIDLEY, MINNESOTA. (REQUEST BY WILLIAM H. HAM, 159 LONGFELLOW STREET N.E., FRIDLEY, MINNESOTA.) Mr. William Ham was present to present the request. Mr. Ham presented a petition to the Board, signed by five surrounding property owners, which states they have no objection to the antenna. MOTION by Harris to receive the petition. Seconded by Minish. Upon a voice vote, there being no nays, the motion carried unanimously. Mr. Ham brought with him rough sketches of the general concept of the antenna and certificates showing his membership in civilian and military organizations • connected with amateur radio operators. He explained to the Board the materials that will be used to anchor the tower and also what the antenna is made of. He said the antenna will be 50 feet high and will weigh less than 50 pounds. Mr. Don McCarty, 144 Longfellow, was present but had no objections to the antenna. The Minutes of the Board of Appeals Meeting of March 25, 1970 Page 4 Mr. Frank Zimbal, 161 Longfellow, stated he objected to the antenna as the radio broadcasting already interferes with his television and radio. He was also concerned with the antenna possibly falling onto his house in a strong wind storm or falling from being covered with sleet and snow. Mr. Ham replied that the antenna is designed to withstand any normal weather conditions and also that he had insurance to cover any damage caused by .the antenna in the event it would fall down. Mr. Bagstad stated he had called a t.v. shop and they stated ham antennas could bother t.v. reception unless a filtration element was used. This element could eliminate 80% to 100% of the interference. Mr. Bagstad also said he called the F.C.C. which said that normally a ham operator would not cause interference. Citizen band radios have caused t.v. interference by overloading and overflowing the frequency. They couldn't say interference would never happen but normally there would be no interference. Mr. Minish asked Mr. Ham why he needed the extra height? Mr. Ham replied that he was a Navy affiliated radio operator that helps service men overseas talk with their families in the Twin Cities area free of charge. The higher the tower the bigger the contact area would be. Mr. Belisle stated that the City does have Nuisance Ordinances that would control any excessive interferences with private televisions or radios. Portions of Chapter 34, Fridley City Code, which covers nuisances were read to the applicant and the audience. Mr. Harris asked if permits were issued for radio antennas? Mr. Belisle answered that they were not. Mr. Harris stated that he would like to see someone from the City go out and check to see that the antenna is put up correctly if the request is approved. MOTION by Harris to close the public hearing. Seconded.by Minish. Upon a voice vote, there being.no nays, the motion carried unanimously. Mr. Ahonen said he recommended that in the case of approval that there be periodic reviews by the Council and automatic revoking of the permit in the case of a change in ownership. MOTION by Minish to recommend to the City Council, approval of the request for the following reasons, and with the following stipulations: 1. The height is necessary to carry out his Navy commitment. 2. On the condition that plans showing stress, location and structural design be submitted to the Building Inspection Department for their review and approval. The Minutes of the Board of Appeals Minutes of March 25, 1970 Page 5 3. The adjacent property to the East is zoned M-1 and in M-1 the chance of a similar situation arising is minimal. 4. With proper supervision of the structure and proper maintenance there will be virtually no chance for it to fall onto Mr. Zimbal's property. 5. The structure be inspected by the City after it is erected. 6. There is a certain amount of control under our Public Nuisance Chapter in the City Code to protect the surrounding neighbors from excessive interference. Seconded by Harris. Upon a voice vote, there being no nays, the motion carried unanimously. Mr. Minish: I understand that I will shortly be taking over as Chairman of the Board of Appeals and I would like to say that in the last two years or more that I have been associated with Don Mittelstadt and Dick Harris that it has,been a very worthwhile experience for me and that I'm going to miss our association on the Board and wish them well. Mr. Mittelstadt: Thank you, we appreciate it. I've never had a nicer association than I've had on the Board of Appeals and the Planning Commission. It's an experience you should not deny yourself if you ever get the chance. Mr. Ahonen: I just want to inject that the City Council should take heed of the great deal of experience you have had on the Board of Appeals and the Planning Commission and I'm sure there are positions on other commissions within the City that could use your experience and its been a very enjoyable experience working with you both. ADJOURNMENT: The meeting was adjourned by Chairman Mittelstadt at 9:10 P.M. Respectfully submitted, a MARY HINAlt Secretary REGULAR COUNCIL MEETING OF APRIL 6, 1970 PAGE 4 2. A RBQUEST FOR A VARIANCE OF SECTION 45.053, 4B, TO REDUCE THE REQUIRED SIDE YARD SETBACK REQUIREMENT FROM 10 FEET TO THE EXISTING 8.67 FEET TO CONVERT AN EXISTING ATTACHED GARAGE INTO LIVING AREA ON LOT 6, BLOCK 3, PEARSON'S CRAIGWAY ESTATES 2ND ADDITION, THE SAME BEING 361 BELLAIRE WAY N.E., FRIDLEY, MINNESOTA. (REQUEST BY MR. DONALD J. DIBOS, 361 BELLAIRE WAY N.E., FRIDLEY, MINNESOTA): The City Engineer said that the Board of Appeals approved of the requests for the variances. The request is for a reduction in front yard setback from 35' to 25' and a reduction in side yard from 10' to 8.671. There were no objections at the Board of Appeals -Meeting from any of the neighbors. MOTION by Councilman Breider to approve the variances requested by Mr. Donald Di.bos, 361 Bellaire Way N.E. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. 3. • �r ;i A REQUEST FOR VARIANCE OF SECTION 45.053, 4C, TO REDUCE THE MINIMUM REAR_ YARD LOT DEPTH REQUIREMENT FROM 25 FEET TO 20 FEET AND SECTION 45.153, 2, TO REDUCE THE AVERAGE OF THE FRONT YARD DEPTHS OF EXISTING BUILDINGS WITHIN A DISTANCE OF 100 FEET ON BOTH SIDES FROM 675 FEET TO 35 FEET, WHICH IS THE REQUIRED SETBACK IN THIS AREA, ON THE NORTH 100 FEET OF LOT 8C, AUDITOR'S SUBDIVISION #21, THE SAME BEING 6551 OAKLEY DRIVE N.E., FRIDLEY, MINNESOTA. (REQUEST BY MR. ORRIN E. LOVELACE, 6558 OAKLEY DRIVE N.E., FRIDLEY, MINNESOTA): W The City Engineer explained that there is one house that is set back 111' and j another that is set back 361. According to the Ordinance, this setback should be 67.5' and the petitioner is requesting a 35' setback. There were no objections at the Board .of Appeals Meeting. The Board recommended approval. This house faces Oakley Drive. Councilman Liebl asked if this would not result in a land locked parcel, and the City Engineer explained on the screen why this would not be so. `i • MOTION by Councilman Harris to concur with the Board of Appeals and grant approval of the variances requested by Mr. Orrin Lovelace. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. 4. A REQUEST FOR A VARIANCE OF SECTION 45.052, 1, FRIDLEY CITY CODE, TO INCREASE THE MAXIMUM HEIGHT OF A RADIO ANTENNA FROM 20 FEET ABOVE DWELLING ROOF TO 50 FEET ABOVE DWELLING ROOF TO PERMIT THE ERECTION OF AN AMATEUR HAM RADIO ANTENNA ON LOTS 8 & 9, BLOCK 5, SPRING BROOK PARK ADDITION, THE SAME BEING 159 LONGFELLOW STREET N.E., FRIDLEY, MINNESOTA. (REQUEST BY WILLIAM H. HAM, 159 LONGFELLOW STREET N.E., FRIDLEY, MINNESOTA): The City Engineer explained that this request is for a radio antenna in excess of City Code on Longfellow Street. The property to the east is in- dustrial and on the west is residential. The man on the east, Mr. Frank Zimbal, 161 Longfellow, has voiced an objection as he is afraid that during a storm the tower may fall onto his property. The Board received a petition signed by five neighbors stating that they had no objection. He said that the Board of Appeals recommended approval subject to their stipulations. Mr. Haft JS a member of a military organization for radio operators. Councilman Liebl asked if Mr. Ham had insurance in the event that the tower should popple. MX.'Ham replied that he did. Councilman Liebl stressed that OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE BOARD OF APPEALS TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN THAT the Board of Appeals of the City of Fridley will meet in the Council Chamber of the City Hall at 7:30 P.M. on Wednesday, March 25, 1970 to consider the following matter: A request for variances of Section 45.053., •No. 4C, to reduce the minimum rear yard lot depth requirement from 25 feet to 20 feet and Section 45.153, 2, to reduce the average of the front yard depths of existing buildings within a distance of 100 feet on both sides from 67k feet to 35 feet, which is the required setback in this area, on the North 100 feet of Lot 8C, Auditor's Subdivision No. 21, the same being 6551 Oakley Drive N.E., Fridley, Minnesota. (Request by Mr. Orrin E. Lovelace, 6558 Oakley Drive N.E., Fridley, Minnesota.) Anyone desiring to be heard with reference to the above matter may be heard at this meeting. DONALD MITTELSTADT CHAIRMAN BOARD OF APPEALS TO WHOM IT MAY CONCERN: GEORGE WELLS 6553 Oakley Drive Fridley, Minnesota March 13, 1970 John Kurak 6547 Oakley Drive Fridley, Minnesota A request for variances of Section 115.053, No. 11C, to reduce the minimum rear yard lot depth requirement from 25 feet to 20 feet and Section 115.153, 2, to reduce the average of the front yard depths of existing buildings within a distance of 100 feet on both sides from 671 feet to 35 feet, which is the required setback in this area, on the North 100 feet of Lot 8C, Auditor's Subdivision No. 21, the same being 6551 Oakley Drive N.E., Fridley, V=psota. (Request by Mrs Orrin E. Lovelace, 6558 Oakley Drive N.E., Fridley, Minnesota.) .• .0 0 T - IV • �� , 9 4 0 .° 1 ' y 62.72 - X .00 x 313.61 T �. 643.00 6 4.3G - u , X .06- .00 X 25720T �q�313.61 4� 25 7.20 a► 5 7 0.81 T ,r!u L.S. #69-18 2nd Rev. N. 100'- of Lot 8C,,,Aud. Sub. #21 L. George Wells CLte W )V�7i Retain E. 12' of L. 8C 993 �7 wen -S ti JOG j JAM AIN L.S. #69-18 2nd Rev. N. 100" of Lot 8C,^Aud. Sub. #21 L. George Wells Retain E. 12' of L. 8C d We/Ise H is m � ss3 amieiop- NCr4h' lov --LL-- - �w--- - - .. I /00 i1 L.S. #69-18 2nd Rev. N. 100'• of Lot 8C,,Aud. Sub. #21 C - L. George Wells Retain E. 12' of L. 8C le 7v�-.5 . --- f�crfti /oe' c Lef 96 Haase t� 1 35