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VAR 04.73'1197'e" z1 X11 City of Fridley AT THE TOP OF THE TWIN$ COMMVHiTY DEv4GOPM UT DIY, I PRM19CTIV9 06ftOTION WT. OILY HALL PR "GV OMB �.-.14.•� �.J BIB-8{Q'SNO nkn aIJ��Ear APPLICATION TO ,•— BOARD OF APPEALS -1RgV OA EPAiE 1 z d ®Y91 00 Name Address L IVY f. �Hiu5®A) /0 �;ve✓' 5/ e �z Phone llfr Legal Desc. Lot No., Block No. / Tract or Addition Apaver Ecloe Variance Requested (Attach plat or survey of property showing location of proposed building, etc., including adjoining properties and ownership within 200 feet of said property.) &c4aly.Sa -all .z/read'y r®®Zear' hreeoecaay Mae tv ll 1 -,e- »-- m y s 7�— 4n Wei. e,1,1,;1C14y�A0,241 Ze ls 1-a&er- W.�,, A;e- ppJ 6®�e �� /0 �1�! .R Ir® �d ! ""'e- / ./ i ® � Meeting Date Fee / c • C 6 Receipt No. Opinions and ecommendation by the Board of Appeals --)Y, 1923 - J/UTL-LLCL ,k) t�J-L C-L�kz r etasc��o cci u �° For Above Recommendation Against Recommendations �Q L OCUO ,City Council Action and Date City of Fridley AT TME TOP OF TME TWIN$ r� �.-------GOM UNITY 09VGLCPMZNT DIV, PROTECTIVE 000ROTOM 0E/T. i .--- CITY Md11.1. rwoOLEY e $43-600-3ac il��RiCT APPLICATION TO BOARD OF APPEALS (Staff Report) MtpISRpR 910-F23 REv OaTE 0 2 15 73 E OF 2 2 Ti.J By 800 Comments by administrative official denying original request for building permit or other permit. (To be completed by administrative official. Appropriate Ordinances and sections of Ordinance to be cited.) Board members notified of meeting by List members, date notified, and "Yes " or "Noll for plans to attend hearing. Name Date Plan to Attend o Per on making appeal and the following property owners having property within 200 feet notified: Phone Notified B Name Date 1 -or Mail (Initial) River Edge Addition Block Lot Parcel Gerhard & Olga C. Pragel 1 11 300 152 Rivers Edge Way N.E. Fridley, Minn 55432 Jerome F & Diane J. Kirst 1 12 & 355 148 Rivers Edge Way N.E. 13 Fridley, Minn. 55432 Joseph D. & Irene M Maertens 1 14 & 455 144 River Edge Way N.E. 15 Fridley, Minn. 55432 Lary R. & Jean 0. Johnson 1 16 & 555 140 Rivers Edge Way N.E. 17 'Fridley, Minn. 55432 Richard L. & Mary Lou Hess 1 18 & 655 136 Rivers Edge Way N.E. 19 _T Fridley, Minn. 55432 Kenneth & Catherine A. Anderson 1 20 720 132 Rivers Edge Way N.E. Fridley, Minn. 55432 Bert & Olga Slater 1 21 740 128 Rivers Edge Way N.E. Fridley, Minn. 55432 Dale J. & Ellyn B. Barawski 1 22 760 124 Rivers Edge Way N.E. Fridley, Minn. 55432 James Joel & Judy A. Baratte 2 7 1140 168 Rivers Edge Way N.E. Fridley, Minn. 55432 Robert C. & Patracia J. Erickson 2 8 1160 164 Rivers Edge Way N.E. Fridley, Minn. 55432 Helen Mikulak 2 9 1200 129 Rivers Edge Way N.E. Fridley, Minn. 55432 Sylvester J. & Diann Bonine 2 10 1240 125 Rivers Edge Way N.E. Fridley, Minn. 55432 Park 1 1000 Auditor Subdivision #78 Independent School District No. 14 Fridley Senior High School 6000 West Moore Lake Drive N.E. Fridley, Minnesota 55432 Independent School District No. 14 Fridley Senior High School 6000 West Moore Lake Drive N.E. Fridley, Minn. 55432 Independent School District No. 14 Fridley Senior High School 6000 West Moore Lake Drive N.E. Fridley, Minn. 55432 Block Lot Parcel 11 2120 12 2140 20 5150 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 6431 University Avenue Northeast on Tuesday, April 24, 1973 at 7:30 P.M, to discuss the following matter: A request for a variance of Section 45.053, 4B, Fridley City Code, to reduce the side yard setback from 10 feet to 5 feet on the North side of Lot 16, Block 1, River Edge Addition, to allow the enclosure of an already roofed breezeway, the same being 140 River Edge Way N.E., Fridley, Minnesota. (Request by Lary R. Johnson, 140 River Edge Way N.E., Fridley, Minnesota.) Anyone woo desires to be heard with reference to the above matter may be heard at this time. WILLIAM DRIGANS CHAIRMAN BOARD OF APPEALS 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 6431 University Avenue Northeast on Tuesday, April 24, 1973 at 7:30 P;M; to discuss the following matter: A request for a variance of Section 45.053, 4B, Fridley City Code, to reduce the side yard setback from 10 feet to 5 feet on the North side of Lot 16, Block 1, River Edge Addition, to allow the enclosure of an already roofed breezeway, the same being 140 River Edge Way N;E,, Fridley, Minnesota. (Request by Lary R. Johnson, 140 River Edge Way NoE;, Fridley, Minnesota.) Anyone who desires to be heard with reference to the above matter may be heard at this time, WILLIAM DRIGANS CHAIRMAN BOARD OF APPEALS CIVIL MUNICIPAL PLANNING Denotes Iron Monument O 4 Scale = ,0 s' ENVIROMENTAL LAND SURVEYING LE c, SOIL EXPLORATION Certificate of Survey 10 .FCw .L,q ey c/oyiys©�/ ZarA�0,dLoC�- / E�rE ��C'Ou v TY 71AIAK �¢rrtinir�Jq y%a /� a � � ee ;i6� �o to • 1_7 11L I 0.30 )V,4 Y We hereby certify that this is a true and correct representation of a survey of the boundaries of the land described above and of the location of all buildings thereon, and all visibl encroachmi ents, if any, from or on said land. As surveyed by me this /B� day of W;/ Z_ consulting engineers diversified inc. P O. Box J.Oswo. Minnesota SSMBc8121425-2181 by File No. ZZle Book X81 Page 618 Minnesota Registration No. Z43 ®� "io •t'� 10 Fs s/o je rg OZO s GUS "ray AfA Z00007 i I wi CIVIL MUNICIPAL PLANNING Denotes bon Monument Q „_ d'40— ' Scale 0 Er= Cerfificafe of Survey 'or Z 4eY 110/'wsew- .Cor /G, ,azock / 101ext'2 Z 96e %ilJ,O/T/D/ti� A40ot—A 620aV7-Y /�%/ ✓ill: ,�2/ginil,9 %oaf/ ,•b.0 s' v,,�;/;s&o woo 0.30 qo ENVIROMENTAL LAND SURVEYING SOIL EXPLORATION ti ,4j o.•�o \ We hereby certify that this is a true and correct representation.of a survey of the boundaries of the land described above and of the location of all buildings thereon, and all visible encroachments, if any, from or on said land. As surveyed by me this 197-x` — day of/�'/ L 14.E consulting engineers diversified inc. o P o.@ox j diseo. Minnesota 55389rt8W425-2181 Air File No. ZZIO - Book OW Page 408 Minnesota Registration No. ?-03 OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE BARD 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 6431 University Avenue Northeast on Tuesday, April 24, 1973 at 7:30 P.M, to discuss the following matter: A request for a variance of Section 45.053, 4B, Fridley City Code, to reduce the side yard setback from 10 feet to 5 feet on the North side of Lot 16, Block 1, River Edge Addition, to allow the enclosure of an already roofed breezeway, the same being 140 River Edge Way N.E., Fridley, Minnesota. (Request by Lary R. Johnson, 140 River Edge Way N.E;, Fridley, Minnesota.) Anyone who desires to be heard with reference to the above matter may be heard at this time. WILLIAM DRIGANS CHAIRMAN BOARD OF APPEALS REGULAR COUNCIL MEETING OF MAY 7, 1973 PAGE 13 Councilman Nee asked if it would be possible for the staff to give the Council some information on the matter. He said perhaps it would be more desirable to place the buildings right next to each other. He Said tht- staff should outline information of the possibility. UPON A VOICE VOTE, all voting aye, Mayor Liebl declared the motion carried unanimously. A REQUEST FOR A VARIANCE OF SECTION 45.053 4B, FRIDLEY CITY CODE TO REDJCE L THE SIDE YARD SETBACK FROM 10 FEET TO 5 FEET, ON THE NORTH SIDE OF LOT 16, BLOCK 1, RIVER EDGE ADDITION TO ALLOT THE ENCLOSURE OF AN ALREADY ROOFED BREEZEWAY, THE SAME BEING 140 RIVER EDGE WAY N E FRIDLEY MINNESOTA (REQUEST BY LARRY R. JOHNSON, 140 RIVER EDGE WAY N E FRIDLEY, MINNESOTA) MOTION by Councilman Nee to concur with the Board of Appeals and grant the variance with the following stipulations: 1. the wall between the porch and the garage, is to have the necessary fire rating, 2, the wall on the north side of the patio is to have no openings and contain the necessary fire rating. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. REQUEST FOR A VARIANCE OF SECTION 45.053 4B FRIDLEY CITY CODE TO REDUCE THE SIDE YARD SETBACK FROM 9 FEET TO 6.35 FEET ON THE NORTH SIDE OF LOT 3, BLOCK 3' AL ROSE ADDITION, TO ALLOW THE CONSTRUCTION OF A DWELLING, THE SAME BEING 6230 RIVERVIEW TERRACE N. E. FRIDLEY MINNESOTA (REQUEST BY ROBERT DEGARDNER, 7950 EAST RIVER ROAD N. E., FRIDLEY. MINNESCW, MOTION by Councilman Nee to concur with the Board of Appeals and grant the variance with the stipulations that Mr. Johnson supply the City with an agreement that the house to the north will have a side yard setback increased to a comparable amount to stay.within the Code and that all the stipulations for the previous variances should still be considered in effect. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously, A EUEST FOR A VARIANCE FOR SECTION 45.053 4, B4, FRIDLEY CITY CODE TO REDUCE THE REQUIRED SIDE YARD SETBACK ADJOINING AN ATTACHED GARAGE FROM 5 FEET TO 1.2 FLET TO ALLOW THE CONSTRUCTION OF AN ADDITION ONTO AN EXISTING GARAGE LOCATED gn LOT 3, BLOCK 1, LARRY�S FIRST ADDITION, THE SAME BEING 1541 -60th AVENUE N. E., FRIDLEY, MINNESOTA (REQUEST BY MR. JAMES ALLEN. 1541 -60th AVENUE N. E., FRIDLEY, MINNESOTA) Mayor Liebl asked Mr. Clark to explain the overall consensus of the Board of Appeals and why they had recommended the Council grant the variance. Mr. Clark said the applicant had requested the Council grant a side yard setback f from 5 to 1.2 feet to build an addition on the existing garage to make that garage 20 feet wide. He said the Board of Appeals had recommended the Council deny the 1.2 foot setback and approve a 2.2 setback. He said they stipulated the wall to the east of the garage would have no opentmgs and proper firewalls as determined by the Building Inspector and would be provided. REGULAR COUNCIL MEETING OF MAY 7, 1973 PAGE 14 MOTION by Councilman Starwalt to receive the letter from Mr. Rodger L. Sorseleil opposing the approval of the variance dated May 2, 1973. Seconded by Councilman vee. Upon a voice vote, all voting aye, Mayor Liebl declared the mot -on carried unanimously. Mayor Liebl called on Air. Sorseleil to state his objections to the variance. Mr. Sorseleil said his objections were as listed in the letter. Mayor Liebl asked if the appearance hazard meant that the construction would block the view from his home. Mr. Sorseleil said he felt that if this variance was granted all other persons in the neighborhood would request the same thing and it would affect the appearance of the entire neighborhood. He said he had not added a full two car garage when he added on, he had only added a one and a half car garage. Mayor Liebl asked Mr. Clifford Rickhoff, 1567 -60th Avenue N. E., if he objected to the approval of the variance? Mr. Rickhoff said he was not opposed. Mayor Liebl asked Mr. Allen if the requested variance was absolutely necessary. Mr. Allen said this was the least he could go and still have a double door. Mr. Allen said he felt the double garage he was requesting would be safer than a tuck under garage. He said this would be several feet from the neighbors construction and would have a fire wall. He said he has two cars and they sit outside, there is a greater degree of danger with the cars outside and also a greater noise factor. Mayor Liebl asked if Mr. Allen had agreed to construct the fire wall. Mr. Allen said he had agreed. Mayor Liebl said he would comply with the stipulations if he were to construct the fire wall. Mayor Liebl asked Mr. Allen if the two and a half feet would be enough space to maintain the building? Mr. Allen said he planned to install aluminium siding on the garage. He said he intended to improve his property and increase the value of that property. He said he was aware that a house with a single garage was worth considerably less than one with a double garage. MOTION by Councilman Starwalt to continue the item on the variance request by Mr. James Allen until next meeting May 14, 1973, Enabling him to go to the site and determine the effect of the proposed construction. Mayor Liebl said the members of the Board of Appeals had to look at the site. He said he felt that if Councilman Starwalt also felt he had to look at the site this was possible. UPON A VOICE VOTE, all voting aye, Mayor Liebl declared the motion carried unanimously. Councilman Breider said there would be many public hearings the following meeting and he suggested the continued items appear on the agenda before the Public Hearings so the people involved would not have to sit through another long meeting. The rest of the Council agreed. A The Minutes of the Board of Agpeals Meeting of April 24. 1973 Page 7 5. Mrs. Wahlberg stated she did not feel there was a hardship in this request as the building could be centered. Mr. Crowder stated he did not object to the side yard or rear yard variances but he did object to the off street parking variance. MOTION by Crowder, seconded by Wahlberg, to remove Item #3 from table. Upon a voice vote, there being no nays, the motion carried. MOTION by Crowder, seconded by Wahlberg, to recommend to the City Council, approval of the two following variances for both Item #3 and Item #4 predicated on the letters that we have from the owners of the adjacent properties giving them permission to build with a zero setback; 1. Reduce side yard setbank from 20 feet to zero feet 2. Reduce rear yard setback from 25 feet to 24.5 feet Mr. Harju stated he felt we were doing a disservice to let buildings be built with a zero setback. He said he would like to see something in the Code about these ptoperty line agreements. Mrs. Wahlberg stated she agreed with Mr. Harju's reasons but she felt in this area where the lots are small and the owners would not be able to utilize the lots without the variances, it would be correct to approve them. A VOTE UPON THE MOTION, Harju voting nay, the motion carried. e Mr. Crowder said he would like to recommend that the Planning Commission look into these areas for allowing or not allowing zero setbacks. MDTION by Wahlberg, seconded by Crowder, to recommend to City Council, denial of the variance to reduce the off street parking from 5 feet,to zero feet for both Item #3 and Item #4 and to recommend to Council approval of the variance to reduce the off street parking from 20 feet to 13 feet for Item #3. Upon a voice vote, there being no nays, the motion carried. MOTION by Crowder, seconded by Harju, to waive reading the public hearing notiAe. Upon a vo iee vote, there being no nays, the motion carried. Mr, Lary Johnson was present to present the request. He stated the present building is a walkout. He said at the northwest corner is a screened breezeway where he wants to have a solid north wall and sliding glass doors leading onto a deck on the west side so they can view the river and use the room as a year round sitting room. Mr. Johnson added the solid wall is to secure more privacy for both himself and his neighbor. He presented a letter to the Board from his neighbor to the north, which stated he had no objections to the proposal. 6. The Minutes of the Board of Appeals Meeting of April 24, 1973 Page 8 MOTION by Harju, seconded by Wahlberg, to receive the letter from Mr. Maertins. Upon a voice vote, there being no nays, the motion carried. Chairman Drigans asked how the room would'be heated. Mr. Johnson said he would use some kind of independent auxillary heat. The aerial photo of the area was shown to the Board. Mr. Harju asked how much area is between structures. Mr, Johnson said from wall to wall there is approximately 16 feet. He said his garage is 5.6 feet from the line and his neighbors is 10.5 feet from the line. Mr, Crowder noted the houses are on a cul de sac so the back of the homes are farther from the line but a firewall may be required by the Building Inspector in case the neighbor was to enclose his screened porch which would bring two living areas closer than 20 feet. Mr. Harju asked if a door was to be installed from the garage to the patio and Mr. Johnson answered that there would not be. MOTION by Crowder, seconded by Wahlberg, to close the public hearing. Upon a voice vote, there being no nays, the motion carried. Mr. Harju stated he felt it was a reasonable request. He added he felt the cases where living areas are behind garages should be covered by the Planning Commission. MOTION by Crowder, seconded by Harju, to recommend to Council approval of the variance with the following stipulations; I. The wall between the porch and garage is to have the Necessary fire rating. 2. The wall on the north side of the patio is to have, o�openings and contain the necessary fire rating. Upon a voice vote, there being no a the motion carried. MOTION by Wahlbe seconded by Crowder, to waive reading the public hearing notice. Upon a voice vote, there being no nays, the motion carried. .Mr. Jerry Johnson} was present to present the request. The verifying survey of the dwelling was presented to the Board for their review. Mr. Johnson explained they had gotten approval of a variance of the front yard setback for this house, 'Then they had decided to reverse the house plan and they received approval, on that. He said when they laid out the house they came up with side yards of 6 feet and 8 feet. He said apparently there was a misunderstanding between the surveyor and himself and the foundation was laid with side yards of 6,6 feet and 6.8 feet. He added after the surveyor is out to verify the foundation, they wait three dayq before they continue construction and by then City Hall -has their copy of the verifying survey. He said they did +waip thxee days and on the fourth day they starttd building. When he received