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VAR 04.69Ak- (-)q APPLICATION TO THE BOARD OF APPEALS AND CITY COUNCIL FOR SPECIAL USE PERMIT, VARIANCE IN REQUIREMENTS OF CERTAIN ORDINANCES OF THE CITY OF FRIDLEY (Applicant to complete items 1, 2, 3) e7ut 1. Name and Address of Applicant Q 7)Y 2. Legal Description of Property (also general location, such asl" north- east corner of 64th Avenue and 5th Street" or 6415 Fifth Street') -Ale' �� ����- saa S-O&I laie/fs.��✓ /O X 3. 4. Describe the variance requested. (Attach Plat or Survey of Property showing location of proposed building, etc., also adjoining properties and ownership within 200' of said property.) 3 a A5/ Fr V Fr 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.) - 2 - 5. Notice of Hearing appeared in Official Newspaper on the following dates:_ April 30, 1969 (must be at least once 10 days before meeting -- copy of notice to be attached). 6. Board Members notified of meeting by April 28, 1969 (List Members, Date Notified, and "Yes" or "No" for plans to attend hearing). 0 Name Don Mittelstadt Date R Plan to Attend Yes Yes Yes Yes —_ Ri nlYiarri TTarri c Yes 7. Person making appeal and the following property owners having property within 200' notified: By Phone Notified by Name Date or Mail (Initial) Dean Harman, 1618 Onondaga St. Oymnr,–;T7H S+9nenn Ray Warner, 7360 Stinson Dnna1d Sn'h11117., - 3n S+ingnn Earl Follmuth, 1621 Onondaga ja'k,('rnrman� JAI nrnrrlaga- Robert Locker, 16o1 Onondaga Jo'h-n ate, 4 9 tip„ nnn= gP 4-7-69 S. The Following Board Members and interested parties were present at the Hearing: BOARD MEIIBERS - 3 - OTHER PARTIES: 9. Opinions and recommendations by BOARD OF APPEALS: MOTTIQX by Min'sh to gg .nt the vagianeg for th . fol l owing rPa.Gong! 1. There is only one other dwelling adjacent to this lot. 2. There are no objections from the owner IQ this req.i�est. 3. This does not appear to be a substantial variance in view of the 6 foot leeway glIQjded by thp 0 ; n .nn .. 10. For Above Recommendations 11. Action by City Council and Date: Against Recommendations 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 Chambers of the City Hall at 7:30 P.M. on Wednesday, April 30, 1969, to consider the following matter: A request for a 4 foot variance of Section 45.27 to reduce the average of existing front yard requirement from 41 feet to 37 feet to permit the construction of a dwelling on the North j of Lot 5, Auditor's Subdivision No. 108, the same. being 1620 Onondaga Street N.E., Fridley, Minnesota. (Request by Tom Marxen, 773 -83rd Avenue N.E., Minneapolis, Minnesota.) Anyone desiring to be heard with reference to the above matter may be heard at this meeting. DONALD MITTELSTADT CHAIRMAN BOARD OF APPEALS PUBLISH: April 9, 1969 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 Chambers of the City Hall at 7:30 P.M. on Wednesday, April 30, 1969,.to consider the following matter: A request for a 4 foot variance of Section 45.27 to reduce the average of existing front yard requirement from 41 feet to 37 feet to permit the construction of a dwelling on the North j of Lot 5, Auditor's Subdivision No. 108, the same being 1620 Onondaga Street N.E., Fridley, Minnesota. (Request by Tom Marxen, 773 -83rd Avenue N.E., Minneapolis, Minnesota.) Anyone desiring to be heard with reference to the above matter may be heard at this meeting. DONALD MITTELSTADT CHAIRMAN BOARD OF APPEALS PUBLISH: April 9, 1969 pard ELSTI I)ONALDIA AP= tAr�la TOCITY I irAYew 9,4" AI SUBJECT: Public'. Hamdag befam the Rasa a2 .Annaag DATE: Amila 'l• FOLD 'F goas I•'.. or section 45= A +� ' " 4. n - '��. '%s t.- - x_ " B ,_ i �L . ''w -c� , ?�',", :.2, �. 9 �i _ Y -4_,. Y i��•.�-i. ..� J�'• i r.W ,tSsy, - _ tZ a J' ;1e'+ pu=t ft 109 -90- 1 Zia "i - ` rS " r . PLEASE. REPLY T SIGNED` � �,. � putt ..,{ �: _ ` k_"�.•• V3 ,C - I - FOLD _ - - _ r - 3 -D TE -SIGNED 'SEND ii MTE AND 6111K COPIES wirw CAROON" INTACT PINK C6PY itI: llii `m THE MINUTES OF THE BOARD OF APPEALS MEETING OF APRIL 30, 1969 The meeting was called to order by Chairman Mittelstadt at 7:31 P.M.. MEMBERS PRESENT: Mittelstadt, Minish, Ahonen, O'Bannon, Harris OTHERS PRESENT: Hank Muhich-Building Official MOTION by Ahonen to approve the minutes of April 16, 1969 as written. Seconded by Minish. Upon a voice vote, there being no nays, the motion carried unanimously. Mr. Tom Marxen was present to present his request. He brought with him a survey of the lot showing the placement of the house on the lot. It was brought up that there is a zoning and street layout study before the Planning Commission at this time that will effect this whole area includ.i the back part of Lot 5. This study if passed on, will rezone _ the baok. 2/3rds of Lot 5 from R-1 to R -3A. It will not effect the front part of the lot where Mr. Marxen plans to build his home. The part of the lot where the house is to be will remain R-1 zoning. Mr. Marxen was asked if he had talked to his neighbor about his request for a variance. He said he had not talked to him as he has not been up to the lot for a couple of months. He was asked if he thought his neighbor would object. He answered he really didn't know. There is no house on Lot 6 to the East of this property. The house of Lot 4 was moved in before the Code was in force and that is why they have a setback of 48 feet. MOTION by Minish to close the public hearing. Seconded by Harris. Upon a voice vote, there being no nays, the motion carried unanimously. Mr. Minish: In your opinion Mr. Chairman, is this something that would have had to come before this Board. Chairman Mittelstadt: In my opinion it would not have had to. MOTION by Minish to grant the variance for the following reasons; 1. There is only one other dwelling adjacent to this lot. 2. There are no objections from that owner to this request. 3. This does not appear to be a substantial variance in view of the 6 foot leeway allowed by the Ordinance. Seconded by Harris. Upon a voice vote, there being no nays, the motion carried unanimously. 2. Board of Appeals minutes of April 30, 1969 Page 2 Mr. & Mrs. Courtney Schuur were present to present their request. Pictures, of the existing garage and house, tkat were takenr•by--tbaaBaild Inspector, were shown to the Board. Mr. Sohuur explained to the Board that hecwants to build on top of the existing garage, a room the same size as the garage. The addition would have a value of about $2,500, which is less than 25% of the value of the existing structure. Chairman Mittelstadt: Mr. Schuur is in compliance with the U.B.C. Code, and does not need a variance. If the garage in cracked and unsound to build on then this would be a different matter. Is th#re any question in the Building Department that this garage might be unsound to build on? Mr. Kuhich: Yes there is. Chairman Mitteletadt: We are talking about the outside perimeter of the structure which is already 51 feet from the lot line so in my opinion they do not need a variance. Mr. Minish and Mr. O'Bannon agree that this is nonconforming to our present code and does need a variance. MOTION by O'Bannon to close the public hearing.' Seconded by Ahonen. Upon a voice vote, there being no nays, the motion carried unanimously. MOTION by Minish to grant the variance. I don't think that our decision on this variance is whether the foundation is buildable or not. The garage is already there and they are just building on top of the garage. The reasons for granting the variance are as follows; 1. It would be a hardship if they were not allowed to build on this garage, 2. This would be an improvement to the property. 3. The compensation paid by the City would not have had to be paid if correct building methods were used in installing the sewer line. Seconded by O'Bannon. Upon a voice vote, there being no nays, the motion carried unanimously. Before the permit is issued the Building Inspector should inspect the garage ad to the soundness of the garage. 3• 4 - Hoard of Appeals minutes of April 30, 1969 page 3 Mr. Davis was present to present his request. A picture taken by the Building Inspeotor, of the structure, was shown to the Hoard. MOTION by Ahonen to receive letters from Mr. Davis' two.ad:acentsneighbors, Mr. Leslie Miller and Mr. Leonard Larson. The letters stated that they did not objeot,to Mr. Davis converting an existing summer porch into a year -room} habitable sitting room. Seconded by Harris. Upon a voice vote, there being no nays, the motion carried unanimously. Mr. Davis is converting a room which is classified non -livable into a livable room. He is actually asking for a variance to reduce the side yard requirement for a livable room from 10 feet to 5 feet. MOTION by,Harris to close the public hearing. Seconded by Minish. Upon a voice vote, there beim no nays, the motion carried unanimously. MOTION by Harris to grant the variance as; 1. There is no opposition from ajoining neighbors, in fact they approved. 2. Mr. Davis is just upgrading an existing structure on his property. Seconded by O'Bannon. Upon a voice vote, there being no nays, -the motion carried unanimously. Mr. Bob Barta was present to present the request. MOTION by O'Bannon to receive a letter from Mr. Don Jacobson, 1371 -53rd Avenue, the neighbor to the West of Mr. Barta's property, stating that he does not object to the garage being built. Seconded by Minish. Upon a voice vote, there being no nays, the motion carried unanimously. Board of Appeals minutes of April 30, 1969 Page 4 Mr. Barta stated that he wanted to go forward so he could get in a 24 foot garage without having to cover up the side kitchen window and also the elevation drop is so extreme that it would make building a garage prohibitively expensive. MOTION by O'Bannon to close the public hearing. Seconded by Harris. 'Upon a voice vote, there being no nays, the motion passed. MOTION by O'Bannon to grant the variances as; 1. It's a hardship as without a double garage the resale value is low. 2. There is no objections from the adjacent neighbor on Lot 15, Block 2. 3. If the variance was not granted he would have to take out the kitchen window and lose the view. Seconded by Ahonen. 'Upon a voice vote, there being no nays, the motion carred unanimously. ADJOUR MM: Chairman Mittelstadt adjourned the meeting at 9:49 P -M. Respectfully submitted, d MARY HI1 Secretary