VAR 04.69APPLICATION TO THE BOARD OF APPEALS AND CITY COUH6 L
FOR SPECIAL USE PERMIT, VARIANCE IN REQUIREMENTS
CERTAIN ORDINANCES OF THE CITY OF FRIDLEY
(Applicant to complete items 1, 2, 3)
t"I I ,
1. Name and Address of Applicant 7-CAKI r )-'n &C I J -D � V
Fro P L Y 2
2. Legal Description of Property (also general location, sucl- as -,"north-
east corner of 64th Avenue and 5th Street'® or 6415 Fifth treat")
Describe the variance requested. (Attach Kat o7 t Y
showing location of proposed building, etc., also U-Paxtiso
and ownership within 200' of said property.)
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4. Commute by adminiptrative official denying original Tsqw,i: f®r building
permit or other permit. (To be completed by adminfazTQfI-R V�Hciml.
Appropriate ordinances and section of ordinance@ to be -eo)
a
® 2 q
S. Notice of Hearing appeared in official Newspaper on the following
dates: April 1F, 1969
(gush a at least once 15 days before meating m- appy o notice to
attathed).
6. Board Members notified of meeting by /April 28, 1969/
(Wt Members® Date Notified, and 90yes" or lvd air plate to attend
an
Date Plan to Attend
Bob Minish
Yes
Bob Ahonen
Yes
Yes
7R Ihmson making appeal and the
following property overs havAnS property
within 2000 notified:
By Phone Totified by
N
Date orit (Initial)
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L6 5L/ E R-74 W N /k1 / L L -4F
7-540 Cm g/vEe Paap
L . E.C.. V. GARTgA
'7600 9-RO ET ROAD
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77.1776. 0-T-Tdm
11/0 R iCKARD R -OA -D
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Op The 7ellowin$ Board Miers and interested parties were pre-ray.t at the
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OTHER PARTIES:
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9, opinLo as and icacommaadations by BOARD OF APPEALS
MOTS ON by Harris to grant the variance as;
1. There is no opposition from the ajoining neighbors, in fact they
approved.
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2. Mr. Davis is just upgranding an existigg structure on his property.
ADDRESS
Motion carried unanimously.
%Q, yor Above Rgacc�-menxlztcions Against Recomendations
it. Action by City cai-ncil and Date:
4
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..
M31BERS 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.
1. A REQUEST FOR A 4 FOOT_ VARIANCE OF SECTION 45.27 TO REDUCE THE A
CONSTRUCTION OF A DWELLING ON THE NORTH J_OF LOT 5, AUDITOR'S SUBDIVISION
AVENUE N.E.. MINNEAPOLIS. MINNESOTA).
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 including
the back part of Lot 5. This study if passed on, will rezone the back
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 setbaok
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. Minieh: 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 ,fQgt
leeway allowed by the Ordinance.
Seconded by Harris. Upon a voice vote, there beim no nays, the motion
carried unanimously.
2
Bayard of Appeals minutes of April 30, 1969
Mr. & Mrs. Courtney Schuur were present to present their request.
Pictures, of. the existing garage and house, t1nat were take&,by--theaBu1ld:i,
Inspector, were shown to the Board.
Mr. Sohuur explained to the Board that lietwants 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 251 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 thdre any question in the Building
Department that this garage might be unsound to build on?
Mr. Kuhioh: Yes there is.
Chairman Mittelstadt: 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
as to the soundness of the garage.
4•
Board of AmPeals minutes of April 30, 1969 -- e 3
Mr. Davis was present to present his request.
A picture taken by the Building Inspeotor, of the structure, was shown to the
Board.
MOTION by Ahonen to receive letters from Mr. Davis' two ad aoentineighbors,
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-round
habitable sitting room.
Seconded by Harris. Upon a voice vote, there being no nays, the motion carded
unanimously.
Mr. Davie 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 being no nay®, the motion
carried unanimously.
MOTION by Harris to grant the variance as;
1. Therein 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# Ahe motion
carried unanimously.
I
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.
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Chairman Mittelstadt adjourned the meeting at 9:49 P.M.
Respectfully submitted,
A,1 o
MARY
Secretary
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:
Mr. Jerry P. Davis, 116 Rickard Road N.E.,
requests a variance of Section 45.23 to
reduce the side yard requirement from 10
feet to 5 feet to permit the conversion of
an enclosed porch into a habitable room
on an existing house on Lot 3, Block 2,
Garten's Addition, the same being 116
Rickard Road N.E. Fridley, Minnesota.
Anyone desiring to be heard with reference to the above matter may
be heard at this meeting.
DONALD MITTELSTADT
GEAR
BOARD OF APPEALS
PUBLISH; April 16, 1969
108 Rickard Road
Fridley, Minnesota 55432
April 10, 1969
To Whom it May Concerns
Res Hearing to permit (or not permit) the J. P. Davie' (116 Rickard
Road) to convert an existing summer porcih.to.a year-round,
habitable sitting room.
We have no objections of any nature to the Davis' converting their
porch, as described above. The porch adjoins our property immediately
on the best and is separated from our living area by our double garage.
It is our understanding that the Davis' do not plan to extend the
Existing roof, wall, or foundation beyond their present limits but
merelyto convert to a year-round sitting -roam type of room.
Leonard W. Larson
o
J
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t
si
7560 East River Road
Fridley, Minnesota 55432
April 10, 1969
To Whom It May Concern:
Re4*.* Hearing to permit (or not permit) the J. P. Davis' (116 Rickard
Road) -to convert an existing,:,@ummer porch to.a year-.rround,
habitable sitting room.
We have no objections of any nature to the Davihl converting their
porch, as described above. The property, 1,16 Rickard Road, adjoins
our property on the Worth and the porch is considerable distance from
our house proper. It is our underletandingtliat the Davis' do not
plan to extend the existing roof, 'wall, or foundation beyond their
present limits but merely plan to.�convert to a year-round sitting -room
type of room.
Leslie
Miller
111
PUB MI April 16. 1%9
If
P L E A$ E R EP LY T Q
DATE
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:
Mr. Jerry P. Davis, 116 Rickard Road N.E.,
requests a variance of Section 45.23 to
reduce the side yard requirement from 10
feet to 5 feet to permit the conversion of
an enclosed porch into a habitable room
on an existing house on Lot 3, Block 2,
Garten's Addition, the same being 116
Rickard Road N.E., Fridley, Minnesota.
Anyone desiring to be heard With reference to the above matter may
be heard at this meeting.
DONALD MITTELSTADT
GHA.IRMAN
BOARD OF APPEALS
PUBLISH: April 16, 1969