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AT THE TOP OF THE TWINS
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COMMUNITY DEVELOPMENT DIV.
— ------ PROTECTIVE INSPECTION SEC.
I CITY HALL FRIDLEY 55432
612.560-3450
SUBJECT
APPLICATION TO BOARD OF APPEALS
flUMBER
910-F23
REV.
1
DATE
3/21/75
PAGE OF
1 2
APPROVED BY
800
Name, Address
hone
1157 f &L
Legal
'
'Lot No.�
IBlock .No
I TractW;Ad�Description , (,4"
Variance Request(s); including stated hardships (attach plat or
,showing building, v 'anc tc.,, where applicable)
survey of property
o2
Date
Meeting Date Fee Receipt No. Signatur
7
Comments & Recommendations by
the Board of Appeals
City Council Action and Date
City of Fridley
AT THE TOP OF THE TWINS
COMMUNITY DEVELOPMENT DIV.
PROTECTIVE INSPECTION SEC.
1 = �
---1 CITY HALL FRIDLEY 55432
612.560-3450
SUBJECT
APPLICATION TO BOARD OF APPEALS
(Staff Report)
NUMBER
910-F23
REV.
1
DATE
3/21/75
PAGE OF
2 2
APPROVED BY
800
Staff Comments
Board members notified of meeting by � � � List members,
date notified, and "Yes" or "No" for plans to attend hearing. Plan
Name Date To Attend
Pearson making appeal and the following property owners having property within 200
feet notified: By Whom
Name Date Phone or Mail Notified
Mr. & Mrs. William Denker.6190 Rice Creek D
Mr. & Mrs. Gilliam Michallis-6180 Rice Creek Drive
Mr. & Mrs. John.Crane-6170 Rice Creek
N.E.
Mr. & Mrs. Richard Ferber -6160 Rice Creek Drive N.E.
Ke
Mr. & Mrs. Bruce Anderson -1430 Kerry Circle N.E.
OFFICIAL NOTICE
CITY OF FRIDLEY
PUBLIC HEARING
BEFORE THE
APPEALS COMMISSION
TO WHOM IT MAY CONCERN:
NOTICE IS HEREBY GIVEN that the Appeals.Commission of the City of
Fridley will meet in the Council Chamber of the City Hall at 6431 University
Avenue Northeast on Tuesday, August 9, 1977 at 7:30 P.M. to consider the
following matter:
A request for a variance of Section 205.053,
4, A, to reduce the front yard setback from
the required 35 feet to 29 feet, to allow the
construction of a dwelling and garage to be
located on Lot 2, Block 1, Heather Hills
Thfrd Addition, the same.being 1491 Rice Creek
Drive N.E., Fridley, Minnesota. (Request by
Commercial Erectors, Inc., 5298 Fillmore
Street N.E., Fridley, Minnesota 55421).
Anyone who desires to to heard with reference to the above
mattter will be heard at this meeting.
VIRGINIA SCHNABEL
CHAIRWOMAN
APPEALS COMMISSION
Note: The Appeals Commission will have the final action on this request,
unless there are objections from surrounding neighbors, the City
staff, or the petitioner does not agree with the Commission's
decision. If any of these events occur, the request will continue
to the City Council, through the Planning Commission, with only a
recommendation from the Appeals Commission.
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1446 County Road J, Mpls., Minn. S.i.
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Block 1, Heather Hills Third Additiplal
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if any, thereon, and all visible encroachrnents, if any, from or on said
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' Planning
Registered Land Surveyor un.'ng
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iN 55428 ?340
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Minn. Reg. No.
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�SCRIPUON; -
Block 1, Heather Hills Third Additiplal
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if any, thereon, and all visible encroachrnents, if any, from or on said
"!;'r'Y that this survey,
U' -k'
As suwveVtd DY me this __JM4j3._— day Of
-r-sir.
Wit I
' Planning
Registered Land Surveyor un.'ng
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iN 55428 ?340
12
Minn. Reg. No.
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Descriptiont* Lot 12, Block It RICE CREEK.
ESTATES 2ND ADDITION, Anoka county, Minn.
Fill DLEY
BOARD OF APPEALS
EXHIBIT No. �
R, 'how
ihouse %.PrAer corMirUc-Vf0n
,MEETING..DATE
)Untry
that this is a true and correct representation of a survey of
I hereby cCrlllV t buildings
the boundaries of the aWve described land and of the location of all
land.
if any, thereon, and all visible encroachrnents, if any, from or on said
"!;'r'Y that this survey,
orj
plan or report was prepared b,
As suwveVtd DY me this __JM4j3._— day Of
8ooi
91
that I am a duly
' Planning
Registered Land Surveyor un.'ng
it Boone Av. N.1
iN 55428 ?340
12
Minn. Reg. No.
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APPEALS COMMISSION, MEETING.- AUGUST 9 1977 Page 5
MOTION by Ms. Gabel, seconded by Mr. Barna, that the
Appeals Commission approve the request for.a variance of
section 205.053, 4, B, 1, of the Fridley City Code, to reduce
the "minimum side yard requirement necessary on the living side
of a dwelling from 10 feet to 4 feet, to allow a 6 ft x 36 ft
addition to the bedrooms, on Lots 28 & 29, Block 23, Hyde Park
(zoned R -3A), the same being 5875 2nd Street N.E., Fridley,
Minnesota; and to "grandfather" in the existing non-
conforming structure; and that the particular lot in question
be handled as an R-1 zoned lot since it had been interrupted
by Staff that the existing structure was a Single Family Dwelling
thereby making the structure. R-1 and should be governed by
the existing codes for an R-1 lot.
Mr. Holden explained that in the Zoning Code under
Section 205.073, 12 11R-3 Districts"; and Section 205.0632
the second paragraph of the Introduction, indicated that
R-1 lots located in those districts would be handled as R-1
lots in regards to lot areas. It was determined by Staff that
it would also apply to the provisions and requirements of the
lots.
UPON A VOICE VOTE, all voting aye, the motion carried
unanimously.
Chairwoman Schnabel said that the Paulson's were free
to apply for their Building Permit.
2. REQUEST FOR A VARIANCE OF SECTION 205.0539 4, A, FRIDLEY
CITY CODE, TO REDUCE THE FRONT YARD SETBACK FROM THE
REQUIRED 35 FEET TO 29 FEET, TO ALLOW THE CONSTRUCTION
OF A DWELLING AND GARAGE, LOCATED ON LOT 29 BLOCK 19
HEATHER HILLS THIRD ADDITION, THE SAME BEING 1491 RICE C'RF.N:K
VE F (Request ,by Commercial
Er ec ors, Inc., 5298 Fillmore Street N,E., Fridley,
Minnesota 55421).
MOTION by Mr. Kemper, seconded by Ms. Gabel, to open the Public
Hearing. Upon a voice vote, all voting aye, the motion carried
unanimously. The Public Hearing was opened at 8:05 P.M.
Mr. Mike E. O'Bannon was present at the meeting.
APPEALS COMMISSION MEETING- AUGUST 9. 1.977 Page 6 .
ADMINISTRATIVE -'.STAFF REPORT
A. PUBLIC PURPOSE SERVED BY REQUIREMENT:
Section 205.0539 49 Ai 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 neighbor's front yard.
B. STATED HARDSHIP:
--Ve are ,requesting a 6 foot front yard •variance to .allotw
this house to line,_up`with the side of the adjacent
:. corner house.
C.' AD14INISTRATIVE STAFF REVIEW:
A verifying survey of the adjacent house,shws it is"set
back 25 feet from the property line. This �s the only
,interior lot on this short block and the, ro d curves to the
South... It..is conceivable that the corner h use on the"
west (when developed) could be set 12 to 151feet ahead of
the, .house in :question, if "'house lines"* only were considered.
Please note that a reversed house plan would bring the
house much closer to the street..
1.
Mr, O'Bannon explained to the Appeals Commission that when
he had originally layed-out the house he had set the house
back :35.feet. He:sai'd when he -went out to stake `the house.
he'noticed that the house would be 8 feet behind the house. on.
Lot.: I, , ;He - felt.. that the general appearance of -the area and .`...
_r:gogd construction. -would encourage the plan to'have`the'hou.ses
somerrhat.in line. He said that by bringing the house, -up eight.
feet, they house would;. be in line with the house to the east.'
He said that the situation of the house on the lot was also
the.:,best way to..have.,the house, He said that only a small part
of the planned garage woul.d``be but of Code. _
NIr. ,0'Bannon said that the proposed house mould be.,a
Colonial,- :stucco house. He also indicated that the house
was to be completed.'by:October. He explaine d .'that he could
have built the house. without a -variance, but' -he felt that
it wouldt-t have looked .right.'
APPEALS COM41SSION MEETING AUGUST' ' 9 1977 Pale
Chairwoman Schnabel said it:would:have.been awkward for
the owners of the houseto have to have looked into back yards.
Mr, O'Bannon commented that" when people put as much money
as it -was now necessary to put into a.house, people are really
intent on wanting the houses to look As nice.as.possible
MOTION ;by Mr. Barna; seconded ,by iris. Gabel; to close the
Public -Hearing, Upon a voice votes all voting aye, the motion
carried unanimously. The.Public-Hearing was.closedgat 8:14 P.M.
None of the members of the Appeals Commission had any
objections to the plan.
MOTION by Mr. Kemper, - seconded by Ms. Gabel, ..shat the
Appeals Commission approve the request fora variance of
Section 205.053, 49 A, Fridley City Code, to reduce the front
yard setback from the required 35 feet to 29 feet, to allow the
construction of a dwelling and garage, located on Lot,2, Bl=ock 1,
Heather Hills Third Addition, the same being'1491 Rice Creek
Drive, Fridley, Minnesota.,.
There Was some discussion initiated by Mr. Barna regarding
tho layout of'the.streets in the area in question.
UPON.A VOICE VOTE, all voting aye', the motion carried
unanimously,
Chairwoman Schnabel told Mr. O'Bannon to start building
the house,
Mr. O'Bannon hada few questions regarding the lots he "
planned to construct homes upon,;that were located across the
street from 1491 Rice Creek Drive, He said that"due to very
steep -inclines located behind the proposed lots, he would want
to get a' variance to move the houses closer to-the'street 'He
wanted to know:if a blanket variance could.be granted,'
Chairwoman Schnabel .said that requests of that nature
have not been handled by a blanket.variance recently, She
cited several examples where the request for blanket variances
have been turneddot;rn. She said that ; thc.: most logical thing
for Mr.. O'Bannon to do mould be that once he: had solid plans`-
of.what'he planned to construct on.those lots,, he should.;
bring those plans into City. Hall and,at.that -time request
a blanket variance. She felt that Mr. O'B.annon's request
would be reasonable and she said; that the Commission usually
didn't object to resonable requests.
APPEALS COAlMISSION MEETING.- AUGUST 9+ 1977 Page 8
Mr. O'Bannon said that the area located to the rear of
the lots (where the steep hill was also located) was wooded.
He indicated that he really vianted to keep that land in its
natural state. 'Therefore, he felt that that would be another
good reason to have a variance!,to set the houses closer to
the street.
Ms. Gabel said that when a person would buy that house
on that lot, that wooded natural area would be a big selling
item.
There was a brief discussion regarding the setbacks of
various houses in the area.
ADJOURNMENT
MOTION by Mr. Barna, seconded by Ms. Gabel., to adjourn,
the August 9, 1977, Appeals Commission meeting. Upon a voice
vote, all voting aye, the motion carried unanimously.
Chairwoman Schnabel declared the meeting adjourned at
.8:24 P.M.
Respectfully submitted,
MaryLee Carhill
Recording Secretary
Item #2 August 9, 1.977
ADMINISTRATIVE STAFF REPORT
1491 Rice Creek Drive
A. PUBLIC PURPOSE SERVED BY REQUIREMENT_:'
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 con-
sideration to reduce the "building line of sight" encroachment
into the neighbor's front yard
B. STATED HARDSHIP:
We are requesting a 6 foot front yard variance to allow this house to
line up with the side of the adjacent corner house.
C. ADMINISTRATIVE STAFF REVIEW:
A verifying survey of the adjacent house shows it is set back 25
feet from the property line. This is the only interior lot on this
short block and the road curves to the South. It is conceivable that
the corner house on the west (when developed.) could be set 12 to 15
feet ahead of the house in question, if "house lines" only were considered.
Please note that a reversed house plan would bring the house much closer
to the street.
. a 0 Item #2 August 9, 1977
ADMINISTRATIVE STAFF REPORT
1491 Rice Creek Drive
A. PUBLIC PURPOSE SERVED BY.REQUIREMENT:'
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 con-
sideration to reduce the "building line of sight" encroachment
into the neighbor's front yard
B. STATED HARDSHIP:
We are requesting a 6 foot front yard variance to allow this house to
line up with the side of the adjacent corner house.
C. ADMINISTRATIVE STAFF REVIEW:
A verifying survey of the adjacent house shows it is set back 25
feet from the property line. This is the only interior lot on this
short block and the road curves to the South. It is conceivable that
the corner house on the west (when developed) could be set 12 to 15
feet ahead of the house in question, if "house lines" only were considered.
Please note that a reversed house plan would bring the house much closer
to the street.
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Surveyo s Certi�, ate
�1.00K & )AVIS, INC. Consult
1446 County Road J, Mpls., Minn. 5!.
. ,I , ;;,xrd Addition
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CERTIFICATE OF SURVEY '
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Description: Lot 12, Block 1, RICE CREEK
ESTATES 2ND ADDITION, Anoka County, Minn.
'(wised -ko '--b0W
,hc;use unAer cc;ns*rUC:W0n
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S /r'i7ii rlJD/7Ul19C/77
I hereby certHy that this is a true and correct representation of a survey of
of the location of all buildings,
jo
Jtilt�l'L�
the boundaries of the above described land and
it any thereon, and all visible encroachments, if any, from or on said land.
-^i . P
S that this survey,
plan or report was prepared b!°rJ
As surveyed oy me this Yl th_ day of °�P+ • �g�
800
9
that I am a duly
Panning
Registered Land Surveyor un ,
� y/7 t
s
a Boone Av. N.)
iN 55428
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Minn. Reg. No. 10944
Reg. No. Pate