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')
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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.)
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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.)
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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.
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Ray Warner, 7360 Stinson
Dnna1d Sn'h11117., - 3n S+ingnn
Earl Follmuth, 1621 Onondaga
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Robert Locker, 16o1 Onondaga
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4-7-69
S. The Following Board Members and interested parties were present at the
Hearing:
BOARD MEIIBERS
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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
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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•
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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