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VAR 03.75City of Fridley AT THE TOP OF THE TWINS • __ COMMUNITY DEVELOPMENT DIV. 1 PROTECTIVE INSPECTION SEC. 1 = � CITY HALL FRIDLEY 55432 4' • •' �• ,•� 612-560-3450 SUBJECT APPLICATION TO BOARD OF APPEALS NUMBER 910-F23 REV. 1 DATE 3/21/75 PACE OF 1 2 APPROVED BY 800 Name �°- Address 1 tM Phoneme Legal Description I Lot No. Block No. I I Tract or Addn. e I uAj variance Request(s); including stated hardships (attach plat showing building, variances, etc., where applicable) e� yedt, A R� � l ��OA 1 --.JT or survey of property ��o 0 6 4 6.61 AAA uwe. LA A.) rQ- 5i`0T. Ldr Date Meeting Date 29 e Receipt__ Si Comments & Recommendations by • the Board of Appeals, 02 � City Counci Action and Date ia City of -I ridley AT THE TOP OF THE TWINS r' COMMUNITY DEVELOPMENT DIV. r - PROTECTIVE INSPECTION SEC. F i � CITY HALL FRIDLEY 55432 612.560-3450 SUBJECT APPLICATION TO BOARD OF APPEALS (Staff Report) NUMBER 910-F23 FiEV. 1 DATE 3/21/75 PAGE OF 2 2 APPROVED BY 800 Staff Comments Board members date notified, notified of meeting by List members, and "Yes" or "No" for plans to attend hearin Plan Name Date To Attend Pearson making feet notified:By Z. . appeal and the following property owners having property within 200 Whom Name Date Phone or Mail Notified Page 4 -The Minutes of the Appeals Commission Meeting of July 15, 1975 MOTION by Drigans, seconded by Plemel, to open the public hearing. Upon a voice vote, there being no nays, the motion carried. Mr. Liabraaten was present and was asked to explain the reason for his request. He explained that basically he has a walkout basement and an above ground pool, so that the top of the pool will be on the existing deck. On the .existing level of the deck, he will have a 6 foot high fence. The pool walls are 4 feet high and so when the ground drops down, he would like the same level to the top of the fence all the way throughout. To maintain this six foot height above the rim of the pool, the fence must go all the way to the ground around the side and rear of the pool making it ten feet high there. Mr. Drigans remarked that this would not only be for more privacy, but also for more of a protection for -the pool. The Committee studied the plans and Mr. Plemel asked about which deck he was referring to and he pointed it out on his plan. He also expl,,-,fined the lot lines and the existing deck, and also where his 6 foot hiS : fence was to be located. Mr.'Drigans asked how far the house was from the existing lot line and he said about 10 feet. Mr. Drigans asked how far from the lot line he proposed to put the fence, -and he said probably 6' to a foot. He also asked Mr. Liabraaten if he had discussed this with his neighbors and he said, yes, and they had no objections. Mr. Liabraaten was asked what type of fence he had proposed to put up and what the pool was made -of and he said it would be a redwood fence and the pool was steel with a vinyl bottom. The pool drops down so that the shallow end is 4 feet and the deep end is 7 feet, so it drops down 3 feet on the bottom. He said the pool was 32 feet. Chairman Drigand asked if there was an administrative report. Mr. Mattson replied that he felt this was one of the nicest -arrange- ments he has seen as far as above ground pools go. MOTION by Drigans, seconded by Gabel, to close the public hearing. Upon a voice vote, there being no nays, the motion carried. MOTION by Gabel, seconded by Plemel, to recommend to the City Council,. approval of this variance. Upon a voice vote, there being no nays, the motion carried. 3. A REQUEST FOR A VARIANCE OF SECTION 205.053, 4B, FRIDLEY CITY CODE, TO REDUCE THE SIDE YARD SETBACK FROM 10 FEET TO 6.6 FEET FOR THE PURPOSE OF CONSTRUCTING AN ADDITION TO AN EXISTING DWELLING LOCATED ON LOT 1, LUND'S ADDITION, THE SAME BEING, 12 TALMADGE WAY,-FE�DLEY, MINNESOTA 55432. (REQUEST BY DALE G. MINE `Y - MOTION by Drigans, seconded by Plemel, to open the public hearing. Upon a voice vote, there being no nays, the motion carried. Page 5 The Minutes of the Appeals Commission Meeting of July 15, 1975 Mr. Miner was present to present his. request. Also present with Mr. Miner was Mr. Don Nielson, 115 - 713� Way N.E., Fridley, who is helping Mr. Miner with his plans for this proposed addition. He explained that this addition is to be 12 x 26 onto the south side of the existing house, which is the back of the house. Mr. Drigans asked Mr. Miner to point out this addition on the plans that were presented to the committee, and Mr. Miner showed them where the existing line was. Mr. Miner stated that when he bought the house, it had a twister cellar and it comes out at the rear of the house but does not show on the plans and that it is pretty much at ground level right now, but that it went way down the same way as the basement. It is a walk -into and it runs out quite a ways so the addition would just be an addition onto that on that one end. Mr. Plemel asked if that was a pre -stressed floor and Mr. Nielsen replied that it was a cement top and that it is all concrete re- inforced in case a twister comes. Mr. Kemper asked about his lot line, which was pointed out to him and Mr. Miner said he had talked to the people next door and they had no objection to it. Mr. Nielsen explained that to the south side of this lot, there is a drop-off into the creek, so there is no property there to interfere with. Mr. Miner also owns the property on the other side of the creek. Mrs. Gabel asked what he wanted to do with this proposed addition, and Mr. Miner explained that it would be an addition to the kitchen, and a new bathroom. If he wasn't able to go that far out on the west side, it wouldn't be feasible to build. Mr. Kemper asked where the existing bathroom was located and.it was pointed out on the plan. It was explained that they wanted to move'the whole wall out and make the bedroom, kitchen and bathroom bigger. Mr: Drigans asked what he proposed to do with the roof, and Mr. Nielsen explained that it would be a reversed roof gable and would erect a bearing wall, but at the present time, he wasn't sure where it would be placed. Mr. Kemper asked where the existing wall was on this structure and was shown. to him on the plan. Mr. Miner said it was a concrete wall and would be tied into the existing structure crosswise and would be going down to the footing. New footings and new concrete.block will be put in. - Mr. Plemel asked how old this structure was and Mr. Miner replied he didn't know but thought it was about 25.or 30 years old. He had a garage built in 1971 and had to have a survey which is now on file with the City. Mr. Drigans asked who was going to do the construction work and Mr. Miner replied that he.was going to it with the help of Mr. Nielsen, according to city specifications. Mr. Drigans mentioned, that this would be a big undertaking and Mr. Miner said it wouldn't be because the footing is going to be poured concrete up to ground level and then with cement block from there on up the existing height of the foundation. Page 6. The Minutes of the Appeals Commission Meeting of July 15, 1975 Mr. Plemel asked if the existing ground was pretty level or if was falling away. He was.shown on the plan where the ground is falling away and where Mr. Miner had been hauling in fill all the time. Mr. Drigans asked how far away the structure next door was, and was told that there was a garage there but didn't know how many feet it was from his line. Mr. Drigans asked about the location of the garage on the plan and was shown the location and and also pointed out the cement wall on the west side of the house. Mr. Drigans asked what was behind this area and Mr. Miner replied that it was a jungle, full of trees, etc., but there was nothing there that he would have to remove. He said the. creek runs back there and when heavy rains come, they go down to about 6 feet down a tunnel and take everything with it, his driveway included. Mr. Drigans asked if there was an administrative report. Mr. Mattson replied that because this is an extension of the existing structure, the staff saw no problem. The existing driveway was mentioned. Mr. Miner then explained that he had a tough situation back there, and has hauled in dirt which is packed solid and the City says that he needs either a cement or a blacktop driveway. Mr. Plemel asked if this was coming off Talmadge now, and he replied that anything he puts in the other one washes away and he had talked to someone from the County and they are going to try to stop the water because the frain there does not hold enough so it comes right across the land, therefore he has been using fill in there. All of this comes off the East River Road and the county has had a problem there. He has been trying to get the house built up so that the water stays on the road. Mr. Miner stated that when he was in the office, he had talked to Mr. Clark and someone from the City's Engineering Department about this problem. Mr. Drigans then replied that the garage was not the'issue because it was already there, but that the City is trying to upgrade the whole community by making it a stipulation that the driveway be hardsurfaced, which is now part of the City Code. Mr. Drigans asked.if the plans had been reviewed with the Engineering Department and the answer was, yes. MOTION by Plemel, seconded by Gabel, to close the public hearing. Upon a voice vote, there being no nays, the motion carried. Mr.-Drigans stated that this was an extension to the existing structure and Mr. Miner is trying to increase the size of his residence as he does have some need for it, and the neighbors have no objections. Page 7 The Minutes of the Appeals Commission Meeting of July 15, 1975 MOTION by Kemper, seconded by Gabel, to recommend to the City Council, approval of this variance. Upon a voice vote, there being no nays, the motion carried. ADJOURNMENT: The meeting was adjourned by Chairman. Drigans at 8:30 P.M. Respectfully submitted, CAS RA SAEFKE Secretary e 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 7:30 P.M. on Tuesday, July 15, 1975 to consider the following matter; A request for a variance of section 205.053, 4B, Fridley City Code, to reduce the side yard setback from 10 feet to 6.6 feet for the purpose of constructing an addition to an existing dwelling located on Lot 1 Lund Addition, the' same being 12 Talmadge Way, Fridley, MN. (Request by Dale G. Miner). Anyone who desires to be heard with reference to the above matter will be heard at this meeting. WILLIAM A. DRIGANS CHAIRMAN BOARD OF APPEALS J 8CALC 1 INCnia So FELT o Denotes iron pipe LEROY H. WINNER la"d 9ll/K.I?,if0✓/. RogiMortd Under Lows of Shoo of htinmpwo j.os No. nl-2T 5 W AZT/ 26 16800 Valley Drive . Anoka, Minn. 55303 APPEALS COMMISSION ITEM #3 Phone 421-1859 CERTIFICATE ®F SURVEY`�� SURVEY FOR: WESTERN CONSTRUCTION DESCRIBED AS: LOT 1, LUND Ar.)DITI ON, .Anoka County, Minnesota, except the Easterly 10 feet to the City of Fridley for'storm sewer easement. vi • r --� 1 hereby certify that on 1 surveyed the property described above and that the a�ua�3��saD u •ponasT uaaq suq Aouudnoa Ix�un paltdn000 �o paan a 0 j° uaa su g fou TV" a.�n�anX�e p�u$ pug !panssT xogxd q 4TmIed SUTPITnq V g3TgM 103 aznjonsgs A s� ;o Azuadnaao so asn atll oa up (OT) u02 apsm aq butte Aouudn000 jo a�aox3 a�aD a xo; uai Y ddtr_ - 32 REGULAR COUNCIL MEETING OF AUGUST 4, 1975 voting aye, Mayor Nee declared the motion carried unanimously. / / A REQUEST FOR A VARIANCE OF SECTION 205.053, 4B, FRIDLEY CITY CODE THE ^SIDE YARD ISETBACK YFROM 10 FEET FOR THE PURPOSE OF CONSTRUCTING p EXISTING DWELLIPiG LOCATED ON LOT I, LUND'S ADDITION, THE SAME REIN PAGE 6 REDUCE DDITION TO AN The Public Works Director explained the request to be for the construction of an addition to the existing dwelling which would be 6.2 feet from the property line and will be 12 by 26 feet in size. He said the Appeals Commission had recommended approval of the request. Mr..Sobiech said Mr. Miner was present at the meeting to answer any questions. MOTION by Councilman Fitzpatrick to concur with the recommendation of the Appeals Commission and grant the variance as requested by Mr. Dale G. Miner. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF A VACATION REQUEST, SAV #75-05, BY RICHARD KOK, TO REDUCE THE DRAINAGE AND UTILITY EASEMENT FROM 6 FEET 'TO 0 FEET ON THE SOUTH SIDE OF LOT 6, BLOCK 1, CLARK'S ADDITION,THE SAME BEING 6517 MCKINLEY STREET N. E.: There was no action necessary on the request at the present meeting. CONSIDERATION OF VACATION REQUEST, SAV #75-07, BY VERLYN VANDER LUGT: TO VACATE Councilman Starwalt questioned if this request should be held up to incorporate the possible vacation request by the adjoining property owner. The City Manager explained that if this vacation was applied for, it would have to come to the Planning Commission and would take some time. He mentioned there was not need to hold up this request for that consideration since the property owner was -facing a time element.for construction. The Public Wor?s Director explained that the applicant had requested.this vacation to allow the construction without taking out the trees on the lot. Mayor Nee asked if there would be a need for a drainage easement. The Public Works Director explained the conveyance easement on the'tax forfeit properties could be obtained and access could also be obtained from the park property to the west. MOTION by Councilman Starwalt to set the public hearing for September 15, 1975 for the matter of the vacation request by Verlyn Vander Lugt. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF A REQUEST, SAV #75-08, BY LEO LEMKI: TO VACATE 47TH AVENUE N. E. BETWEEN 3RD STREET AND UIIIVEf?SITY AU[NUE, AND VACATE THE 12 FOOT Al_LEY BETWLn 4-6111 AVENUE N. E. , 10 48TH AVENUE P1. E. , ALL LOCATED IN BLOCKS 8 AND MOTION by Councilman Fitzpatrick to set the Public Hearing on Vacation request SAV #75-08, by Leo Lemki for September 15, 1975. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. The Public Works Director mentioned that this area was talked about by the Council for possible use for tennis courts and this had not been considered by the Planning Commission in their discussions concerning the vacation. He asked if this should be passed back to the Planning Commission for this consideration. Councilman Fitzpatrick said he did not consider this a great location for a tennis court, but said the area is void of any other possible locations. The - Public Works Director said this matter could be discussed at the Public Hearing. MOTION by Councilwoman Kukowski to receive the minutes of the Planning Commission meeting of July 23, 1975. RECEIVING THE MINUTES OF THE CABLE TELEVISION_ MEETING OF JULY 17, 1975: CONSIDERATION OF REVISION OF, BYLAWS IN ARTICLES VI AND VII OF COMMISSION: The Public Works Director said according to the franchise, the City Council must approve any changes in the rules and regulations and bylaws of the Commission, 31•. REGULAR COUNCIL MEETING OF AUGUST 4, 1975 PAGE 5 Mayor Nee asked if there had been any play back on the suggestions from the Council from the Charter Commission. The Finance Director said copies of the Council minutes had been sent to the Charter Corrrrission and there had not been a reply received at the present time. The City Attorney said the Charter Commission could review the suggestions and send any changes to the Council in form of an additional ordinance proposal. The City Attorney noted a possible problem in wording in the section of the proposal concerning recall. He mentioned that according to the provision, it would take 25% of the registered voters signatures on a petition. He questioned what would be the case if this would be a Ward Councilman and asked if this should be 25% of the Ward in this case. He said he could see that there.may be some questions if this came up in the future. The City Attorney suggested that the Charter Commission and City Council clarify this section before someone has to go to court to find out the intent of the provision. Mayor Nee said he believed this section must be rewritten before it could be used. UPON A ROLL CALL VOTE, Councilman Fitzpatrick voting aye, Mayor Nee voting aye, .Councilwoman Kukowski voting aye, Councilman Breider voting aye, and Councilman Starwalt voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF JULY 15, 1975: CONSIDERATION OF THE MINUTES OF THE APPEALS COMMISSION MEETING OF JULY 15, 1975: A REQUEST FOR A VARIANCE OF THE FRIDLEY CITY 'CODE, nSECTION r205.0MICT 63TOM,43 'r,TOpREDUCE The Public Works Director explained the request to construct a carport, porch and addition to the existing dwelling and said a variance would be required because the lot is only 50 feet wide. He further explained that the applicant had attempted. to purchase the adjacent property to allow this construction without a variance and there were some legal problems and expense involved in this acquisition. He mentioned the structure to the east of this property is 48 feet away Mr. Sobiech explained that Mr. Matison was present at the meeting to answer any questions from the Council. He further mentioned that the Appeals Commission had recommended approval of the request with the stipulation that a hard surface. drivo be installed. Mayor Nee said he was not satisfied with the explanation in the minutes of how the applicant had tried to purchase the adjoining property. He questioned if he had really tried to purchase it when the adjoining property owner does not own it. Mr. Matison explained to purchase from three to ten feet of property, he would have to track down who owns it and split it off and this would take a lot. a time and expense in legal fees. Mayor Nec asked if this property would be a building -site. After considerable discussion it was determined that the adjacent property would not comprise a building site. Mr. Matison said the cost to split a 25 foot parcel of property would be extensive and he guessed that the mortgage company would want him to purchase the entire 25 foot lot. Mr. Matison said he did not need this much property MOTION by Councilman Fitzpatrick to concur with the recommendation of the Board of Appeals and grant the variances with the stipulation that a hard surface \ driveway be installed. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. A REQUEST FOR A VARIANCE OF THE FRIDLEY CITY CODE, SECTION 205.154, (3), TO n[ n p"', _____ .....•.-urrruTc Til TFN I it], Mr. Sobiech explained the request to Le to increase the height of a fence to encompass an above ground swimming pool and incorporate a deck. He said the Appeals Commission had recommended approval of the request, MOTION by Councilman Starwalt to concur in*the recommendation of the Appeals Commission and approve the request for a variance inthe height of the fence at 6128 Woody Lane. Seconded by Councilman Kreider. Upon a voice vote, all 560-3450 L+ E 2 ANOKA COUNTY. I 6431 UNIVERSITY AVENUE NE FRIDLEY, MINNESOTA 55421 tt..G August 6, 1975 Mr. Dale Miner 12 Talmadge Way Fridley, Minnesota 55432 Re: City Council-Board of Appeals. Action Taken Notice Dear Mr. Miner: On August 4,1975 the Fridley City'Council officially affirmed the recommendation of the Board of Appeals that your variance request(s) be approyed with the stipulations -listed below. Copies of the approved minutes of the August 4th Council meeting will be available September 9th Approved variances are valid for one year from -the date of Council approval and may be renewed prior-to expiration. Variances that have expired must be re-requested. If you have any questions, please call the Community Developient office-at 560-3450, Ext. 41. - sncefely, _ "XX H WARD' G. MATTS Community Development Office HGM/mh