VAR 03.69THE MINUTES OF THE BOARD OF APPEALS MEETING OF MARCH 5, 1969
The meeting was called to order by Chairman Mittelstadt at 7:27 P.M.
MEMBERS PRESENT: Mittelstadt, Harris, Ahonen, Minish
MEMBERS ABSENT: O'Bannon
OTHERS PRESENT: Hank Muhich-Building Official
MOTION by Ahonen to approve the minutes of February 19, 1969 as written.
Seconded by Harris. Upon a voice vote, there being no nays,'the motion
carried unanimously.
1. A REQUEST FOR A VARIANCE OF SECTION 45.27 TO REDUCE THE AVERAGE OF
FRONT YARD REQUIRE FROM 553 FEET TO 40 FEET TO PERMIT THE CONS'
OF A DWELLING ON LOT 4. BLOCK 2. RIVERWOOD MANOR. THE SAME BEING
RIVERVIEW TERRACE, FRIDLEY, MINNESOTA. CEMU ST—BY GUNDER R. ANDERSON,
1130 WEST RIVER ROAD. CHAMPLIN. MINNESOTA 55316.)
This was not an official public hearing as the request had not been published
in the Fridley Sun Newspaper.
Mr. Gunder Anderson was present to present his request.
MOTION by Ahonen towtablc thik: request until the March 19, 1969 meeting to
allow the members time to look at this property and allow time for proper
publication.
Seconded by Minish. Upon a voice vat::, there being no nays, the motion
carried unanimously.
2. A REQUEST FOR A VARIANCE OF SECTION 45.24 TO REDUCE THE SIDEYARD REQUIRNT
TO 3 FEET TO PERMIT CONSTRUCTION OF A DOUBLE ATTACHED GARAGE ON LOT 2. BLOCK
RICE
MINNESOTA. (REQUEST BY JEROME W. PETERSEN, 6823 MADISON STREET N.E., FRIDLEY,
Mr. Peterson was present with revised plans for the proposed garage.
The Board members went over the new plans with Mr. Peterson.
Mr. Minish had to leave at 7:50. He did state, before he left, that he was
in favor of the request as a hardship was shown.
MOTION by Harris to grant the request for a variance of Section 45.24 to
reduce the sideyard requirement from 5 feet to 4 feet to permit construction
of a double attached garage on Lot 2, Block 4, Rice Creek Terrace, Plat 7,
Fridley, Minnesota, as a hardship has been shown.
Seconded by Ahonen. Upon a voice vote, there being no nays, the motion carried
unanimously.
ADJOURNMENT:
The meeting was adjourned at 7:58 by Chairman Mittelstadt.
Mary Fin-oz-Secretft
TO Vri d l pv Run
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SUBJECT: Public Hearing before the Board of ;Axle DATE: Mgroh b. 1969
FOLD'
Please publish the following variances
March 19, 1969
PLEASE REPLY TO --go- SIGNED Ll k6_4_jA
Jty,
DATE SIGNED
SEND WHITE AND PINK COPIES WITH CARBON 'INTACT PINK 'COPY IS RETURNED WITH REPLY.
DETACH THIS COPY - RETAIN FOR ANSWER
-- IOffid
OFFIi
- — CITY
(Boardt of App
mee3n the
Ball at 7:30.
1989, to conaid
W rednCE
yard req
feet to
dwelling
Manor. 1
Terrace.
--
Road. Champlin. Nllnnesota.l
be,
esirins to iReard with refereneG
ve. matter may iW rii8tg at this
DION ALD MITTELSTADT
Chalcman, Board of Appeals'.
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of Section 45.2T'
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(Official Pobtleatton)
OFFICIAL. NOTICE
CITY OFFRIDLEY --
EPVBLIC REARING BEFORE THE
BOARD OF APPEALS
`O WHOM rr MAV MMVPRN
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to
mampun, Annneaota,)
eslrlgg to be bear with reference
ve matter may be -heard at this
DONALD MrrTELSTAD')j
Chairman, Board of Appeals
1 March 12,19,1969) -TC
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, March 19, 1969, to consider the following matter:
A request for a Variance of Section 45.27
to reduce the average of existing front
yard requirement from 552 feet to 40 feet
to permit the construction of a dwelling
on Lot 4, Block 2, Riverwood Manor, the
same being 7144 Riverview Terrace, Fridley,
Minnesota. (Request by Gunder R. Anderson,
1130 West River Road, Champlin, 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: March 12, 1969
March 19, 1969
41
THE MINUTES OF THE BOARD OF APPEALS MEETING OF MARCH 19, 1969
2.
The.meeting was called to order by Acting Chairman Minish at 7:34 P.M,
MEKBERS PRESENT; Minish, Ahonen, Harris, O'Bannon, Nittelstad,t
OTHERS PRESENT: Hanle Muhich-Building Official
MOTION by Ahonen to approve the minutes of March 5, 1969 as written.
Seconded by Harris. Upon a voice v®te, there being no nays, the motion
carried unanimously.
Mr. Houeenga, American Oil Company District Engineer, was present to answer
questions about the request. He brought with him pictures of how the station
should look after remodeling.
MOTION by O'Bannon to close the Public Hearing.
Seoonded by Ahonen. Upon a voice vote, there being no nays, the motion
carried unanimously.
MOTION by O'Bannon to grant the 'request as the proposed improvements would
upgrade the building a great deal.
Seconded by Ahonen. Upon a voice vote, there being no nays, the motion
carried unanimously.
Mr. Ristamaki was present to answer all questions concerning his'requeet.
It was brougbt out that if the request was granted there would be over the
Minimum of 15 feet between the proposed garage and existing structures, .
Mr. Ristamaki was asked if he had talked to his neighbor to the west of him,
Mr, Smitten, as to how he felt about the proposed garage. He said that he had
talked to Mie. Smitten and Mr. Smitten didn't mind.
MOTION by Abonen to close the Public Heaving
Seconded by Harris. Upon a voice vote, there being no nays, the motion
oarried unanimously.
NOTION by Harris to approve the request by Mr. Arnold Ristamaki tg construct
axe a,ttaohed garage on Lot 10, Block 1, Sandhurst Addition the same b9#W 128
Hartman Circle N.E. Fridley on the contingenoy that Mr. Ristamaki brine in, 4
letter of conouranoe from Mr. Smitten.
il
3i
4•
BOARD OF APPEALS MINUTES OF MARCH 19, 1969 PAGE 2
p
Seconded by O'Bannon. Upon a voice vote, there being no nays, the motion
carried unanimously.
Mr. Felin was present to present his request to the Board.
The proposed garage was 151 feet wide by 25 feet long.
MOTION by O'Bannon to close the Public Hearing.
Seconded by Harris. Upon a voice vote, there being no nays, the motion
carried unanimously.
Chairman Mittelstadt arrived at 8:30 P.M.
MO'T'ION by O'Bannon to grant the request to allow the construction of a garage
14 feet by 25 feet as the easements to the North and West on this property have
made it necessary for the odd location of the house on the -lot and thus has
resulted in a definate hardship in this case. This approval is subject to a
letter from the adjoining property owner of Lot 5, Block 2, Carlson's Summit
Manor, agreeing to the location of the proposed garage.
Seconded by Harris. Upon a voice vote, Ahonen voting Nay, the motion carried.
Mr. Anderson was present to answer any questions from the Board.
Mr. Ahonen: I was out to look at the property on Sunday, March 16, and I talked
to Mr. Engelhardt, property owner at 7120 East River Road, which is two lots
South of 7144 Riverview Terrace. At that time, Mr. Engelhardt was opposed to a
40 foot setback but in favor of a 50 foot setback.
MOTION by Harris to receive a petition signed by 4 neighboring property owners
which was circulated by Mr. Anderson. Three of the property owners signed
agreeing to a 40 foot setback. The petition was changed for Mr. Engelhardt
who would only agree to a 45 foot setback.
Seconded by Minish. Upon a voice vote, there being no nays, the motion
carried unanimously.
MOTION by Minish to close the Public Hearing.
Seconded by Harris. Upon a voice vote, there being no nays, the motion
carried unanimously.
A
Chairman Mittelstadt read Section 45.27 to the Board members. The Board membere
did disagree on the interpretation of this Section.
Mr. O'Bannon had to leave at 8:50 P.M.
Chairman Mittelstadt: It is the opinion of the Chairman that Section 45.27
reads that a person can erect his house either six feet more or six feet lose
than the front yard depth required, which is this area is 35 feet, without
going to the Board of Appeals. In my opinion this Public Hearing before the
Board was out of order.
Mr. Minish and Mr. Ahonen agree with the City Attorneys interpretation which
is that the setback requirement is determined by taking the average of the
existing front yard setbacks of the houses on the two adjoining lots. If
there was a vacant lot on one side the setback on that lot would be assumed
to be 35 feet.
MOTION by Minish to grant the request of a 40 foot setback as, a hardship and
elevation problem would be created by moving the house back 551 feet. Also in
reference to the fact that there has been the approval of adjacent property
owners to a 40 foot setback with the exception of Mr. Engelhardt.
Seconded by Mr. Harris. Upon a voice vote, Ahonen voting nay, the motion
carried.
AWOURMEET :
The meeting was adjourned by Chairman Mittelstadt at 9:20 P.M.
Respectfully submitted,
UCLA :10iiiii'm.
r, :3�
TO WHOM IT MAY CONCERN.
ale, the undersigned have been informed and have no
objection to the fact than the house to be bu'
0
Lot 4 Block 2 Riverwood Manor will have a 4-460 � setback.
The home on Lot3 Block 2 Riverwood Manor has a 761
setback.
P
-IT
MCI
APPLICATION TO THE EOARDVOF APPEALS AND CREWNTS
Cot
0 L
FOR SPECIAL USE PERMIT, AN
CERTAIN ORDINANCES OF THE CITY OF FRID"
(Applicant to complete items 1, 2, 3)
Berson (4 O�
1, Name. and Address of Applicant Gunder R An
est ' er a
1
2. Legal Description of Property (also general location, such as -
."north -east corner of 64th Avenue and 5th Streetn or 6415 Fifth street")
,j 7144 Riverview Terrace
--_�_ n D�STo't^LTCIOd Terrace ,
e the variance requested. (Attach Plat or Survey of Property
3. Describe also adjoining properties
showing location of proposed building, etc.,
and. ownership within 200' of said property.)
_r
6
A.
Champlin, Minnesota 55516 • original request for building
4. Condments by administrative official denying administrative official.
permit or other permit. (To be completed by
Appropriate ordinances and section of ordinances to be cited.)
CITY COUNCIL MEMO -7 APRIL 3, 1969
5. CITY ENGINEER (Continued)
F. The Council received the Minutes of the Planning Commission Meeting
and took .the following action.
-1) 2OA #69-03, N. Craig Johnson, S.E. corner of 79th Way and
East River Road. Rezone from C -2S and M-1 to R-3. Council
set Public Hearing for April 7, 1969
ACTION TAKEN: Notice has been sent to the Sun newspape-:� for
publication of the notice on March 19t%+. and. March
26th for the hearing on April 7`t.. Also 9 notice
has been sent to the area. residents on Marga 17th.
2) Council set -Public Hearing proposed Preliminary Plat.P.S.
#69-01, Brentwood Estates, Thomas R. Swanson for April 14, 1969.
ACTION TAKEN: Notice has been sent to the Sun newspaper for
publication on April 2 and April 9 for public
hearing on April 21, 1969. Also, notice has been
sent to the area residents on Marcs 31st.
`� 3) Council set Public Hearing 20A062-04 (Gordon Swenson) for
6 ,y April 7, 1969.
S w0.4 s °11
ACTION TAKEN: Notice has been sent to the Sun newspaper for
Du,o r%/ publication on March 19th and March 26th for the
hearing to be on April 7th. Also, notices were
sent to the area residents on March 17th.
4) Council conside;.ed. Lot Split L.S. #69-02-03-04-059 Smith and
Anderson, Inc. ant• tabled the item. Council would like Smith
and -Anderson, Inc. to replat the area instead of using the
Lot Split, to better identify the area and preclude possible
complications in the future.
GVxIle r
boy) 0it
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ACTION TAKEN: Mr. Andarson of Smith $ Anderson,.Inc. has been
advised of Council's desire.
5) The Council apnroved Lot Split Request. L.S. #69-06-07-08
(Gunder.Anderscn) Lots 1, 2 and 3, Block 2, Riverwood Manor.
ACTION-TAKEN:•A:lette-^ has been seat to the applicant advising of
the Council's approval.
6) Council approved Lot Split Request L.S. #69-01 (George Walquist)
North 100 feet of Lot 4, Herwal's 2nd Addition.
ACTION WAKEN: A letter has been sent to the applicant advising
of the Council's approval.
.............
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GUNDER R. ANDERSON
PROPOSED DIVISIONS OF LOTS 19 2, 31 AND 4, BLOCK 29 RIVBRWOOD MANOR,
ANOKA COUNTY, MINNESOTA:
I hereby certify that this is a true and correct represeetati.on of a survey
of, the boundaries of:
PARCEL A: Lot 1, Block 2 Riverwood Manor, according to the plot thereof
on a and of record in the office of the Register of Deeds, Anoka County
Minnesota, except the Southerly 9.00 feet thereof.
EARC_E.L_D, The Southerly 9.00 feet of Lot 1, Block 2, Riverwood Manor,
according to the plat thereof on file and of record in the office of the
Register of Deeds, Anoka County, Minnesota, and all of Lot 2, Block 2 of
said'Riverwood Manor, except the Southerly 9.00 feet thereof.
PARCEL C: The Southerly 9.00 feet of Lot. 2, Mock 2, Riverwood Manor,
according to the plat thereof on file and of record in the office of the
Reg iter. cif Deeds, Anoka County, Minnesota, and all of Lot 3, Block 2, of
said Riverwood Manor, except the Southerly 9.UO feet thereof.
PARCEL • The Soutner ly 9.00 feet of Lot 3, Block 2, Riverwood Manor,
according to the plat thereof on file and of record in the office of the
Register of Deeds., .Anoka County, Minnesota, and all of Lot 4, Block 2 of
said Riverwood Manor.
And of the location of all buildings, thereon,.and all visible encroachments
if any, on said land. As surveyed by me this 24th day of February, 1969.
Gr,�
Land Surveyor, Minnesota Reg, me, 7979
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