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VAR 07.7200 APPLICATION TO THE BOARD OF APPEALS AND Cnv comcI& FOR SPECIAL USE PERMIT, VARIANCE TO REQUIRM EhaS OP' CERTAIN.ORDINANCES OF THE CITY OF lUIDLE'Y (Applicant to complete iteuns 1, 2, 3) 1. Name and Address of Applicant .2. Legal Description of Property (also general location, such rtst"noyth- east corner of 64th Avenue and 5th Street" or 6415 Fifth Street") 3. Describe the variance requested. (Attach Plat or Surviey of property showing location of proposed buildLng, etas., Alio adjoining properties and ownershio within 2001 of said n ronart•r_ 1 4. Cos nta by administrative official denying original request for buildins permit or other permit. (To be completed by admin'_atrativa ofiiciAll Appropriate ordinances and section of ordinance -1 to be cites,) 0 /6Y6) S. Notice of Hearing appears! dates: D (imsat FW at least once 10 attached). -2- Official Newspaper at the following - to S. Board Members notified of meeting by (List Members, Date Notified, and "dee°e or tIN ' or -PT;—= to a -tend hearing). e ,. IR �l �Attesd n 7, person making appeal and the ollowteag property owns having property vithin 2001 notifLed: aam Date KIFEWANr By pbow Wotified by or VAi1 (L"iti,.,� ) •, The Following Hoard members and interested parties were present at the marinas OTHER PARTIES: 9® Opinions and recommendations by BOARD OF APPEALS: II. -fiction by City Council and Bates ainst•Rec endations s 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 11, 1972 to consider the following matter: A request for a variance of Section 45.053, 4B9 Fridley City Code, to reduce the minimum side yard adjoining living area from 10 feet to 5 feet to allow the construction of a family room to be built on an existing roofed patio behind the garage located on Lot 17, Block 4, Melody Manor 2nd Addition, the same being 7401 Tempo Terrace N.E., Fridley, Minnesota. (Request by Mr. Robert Tichey, 7401 Tempo Terrace N.E., Fridley, Minnesota.) Anyone who desires to be heard with reference to the above matter may be heard at this meeting. ROBERT A. MINISH CHAIRM BOARD OF APPEALS ft i v The Minutes of the Board of Appeals Heetiaae of July 5. 1972 Mrs. Kothqan paid the sketch isnot drawn to scale but the windows would have to be moved if the addition was movoid over S feet. MQTION by Crowder to close the public hearing. Seconded by Sondheimer. Upon a voice vote, there being no nays, the Motion carried unanimously. Firs. Wahlberg said she is bothered by the closeness of the structures, but since the new garage on the adjoining lot is quite large and that house could be built on without coming toward the adjoining property line, she could vote in favor of the variance. Mr. Harju said the Board should not be looking at the lot next door but just on this lot. The Kothmans could change their plan to meet the Code. Fr. Crowder stated his position hasn't changed since the last -meeting. 1TIOR by Crowder to recommend to the City Council, approval of the variance with the following stipulation® The addition will conform to all the necessary fire protection, not only on the west wall but also on the south wall. Seconded by Wahlberg. Upon a voice vote, Harju voting , the motion carried. A RMTTEST FOR A VARIANCE OF SECTITO REDUCE THE lir. Robert Tichey was present to present the request. TION by Wahlberg, seconded by Sondhelmer JP to valve the reading of the on public hearing notice. upa voice vote,, there being no nayes the motion casried unanimmaly. Mr, Bala said the contractor had talked to his about this construction but he personally has not basn over to see if them are footings under t1M .slab Mr. Tichey said they want allglaas doors an the back sed a fireplace in th+,.._, �.... addition. ® UrJu if the firmall rale would apply to thin construction. The Minutes of the board of 1972 Ps&e 3 Mr. Belisle said yes it would. There would have to be a complete firewall on any portion of the addition that is 10 feet or closer to the lot line. There can't be any openings within this 10 feet. ® Crowder asked if there was a hedge or fence between the two lots. Mac. Ticb®y answered there was a cyclone fence. He added the neighbors garage is next to the line. He said he talked to the neighbor and he has no objections to the variance. Mr. Sondhaimer asked what the grade separation was between the patio floor and the garage floor. Mr. Tichey said he did°t know exactly. Mr. Sondheimer said the living area floor has to be higher than the garage floor, Harju asked why he wanted the addition. ® Tichey answered he wants more living area as he has 5 children and this seems the most likely candidate for adding on living area as there is a roof there already. . Belisle stated the fireplace could only extend into a required side yard 2 feet so in this came it would -have to stay g feet frcm the property line,. This "quirement is more for the emilasion frm the fireplace rather than the structure Itgelf. Also, the fireplace would have to have its own foot s, so it could not be built on the isting slabs 3• , The Minutes of the $oard of Appeals Meeting of july 5, 1972 Page 4 Mr, Finish stated that if the fireplace is to r in where proposed, it will *aquire another variance. M;, Ttehey said, he might have to reconsider putting the fireplace in. The living space is more important to him than the fireplace. Mr, Sondheimer stated he would prefer to table this request until a survey is obtained. As far as what was submitted to us, it is far tw sketchy. He said he would want to base his decision on actual dissensions and the distance to the lot line would make a difference. Mr, Harju said he agreed, as he felt it was not out of order for the Hoard to require actual measurements. TION by Sondheimar to table this request until the applicant can submit; a verified survey showing actual measurements (dimensions between structures and a dimension from the lot line to the cornier of the addition), the grade separation between floors, a plan showing firewall location, fireplace location, general layout of the addition, and also have the Building Inspection Department take two pictures of the distance between structures and what is existing and proposed to be amlosed. Seconded by Wahlberg. Upon a voice votes there beins no nay®o the motion carried Unanimously. %we, Wshlbg left at 8 S45, ON by Crowder, seconded by Harju, to waive the reading of the public hearing notice, `. , Frisbee said there is no reason other than covering the front porch 41 p To the members on the -Board of Appeals We are sorry that we are unable to attend the meeting. Our vacation had been previously planned for this time and could not be changed. Since your last meeting, July 5th, we have had our land surveyed as re— quested. We have also received written approval from our adjoining neighbor. After rereading the minutes of your last meeting we would like to answer those questions that arose. Ist; there will be a fire wall on all darts 101or closer to the lot line. 2nd; the ceiling will be vaulted, the lowest point 81 meeting regulations. 3rd; there will be 611 between living area and garage floors. 4th; the fireplace will have its outn footings. (not on existing slab.) We are leaving this information at the City Engineers Office along with a copy of our survey and our neighbors letters and a sketch of our plans. We sincerely hope you will give this matter your approval. Respectfully yours, Pgw,* ) , 7ti� Robert J. Tichey 7401 Tempo Terrace Fridley, Minnesota P.S. Our contractor, Frank Warwa, had hoped initially to begin construction the last week of June. Since the meeting of the Board of Appeals was moved forwardlast month we were unable to have our land surveyed in time for that July 5th meeting and consequently another delay. Mr. Warwa has previous commitments for building in August and any further delay may necdssitate renegotiation with another contractor, Regarding addition and fireplace to be built at 7401 Tempo Ter. it Milt Ba enstooss 7399 Tempo Terrace (adjoining neighbor) understand that the addition and fireplace to be wilt at the above location should be at least 10 feet from the lot line a— coord-ing to- city code. T' have no objection to the addition being f1w 5 feet and the fireplace ** 3 feeto from the lot line as proposed. %. f REGULAR. COUNCIL MEETING OF JULY 24, 1972 PAGE 12 XQTTQN by Councilman Utter to approve Change Order #2 in the amount of $9,32940 Deduct, making a total for Project #106 of $96,370.95, as outlined on page #12B. Seconded by Councilman Mittelstadt. Upon a voice vote, all ayes, mayor Liebl declared the motion carried unanimously. CONSIDERATION OF APPROVAL OF AGREEMENT WITH DOWNING BOX FOR RIGHT OF WAY NEEDED FOR TRAFFIC CONTROL AND IMPROVEMENTS ON EAST RIVER ROAD MOTION by Councilman Mittelstadt to approve the agreement as found on Pages x#13 and #13A of the Council Agenda of July 24, 1972. Seconded by Councilman [atter, Upon a voice vote, all ayes, Mayor Liebl declared the motion carried U44nimwsly . CONSIDERATION OF A REQUEST FOR A VARIANCE OF SECTION 45.053, 4B, FRIDLEY CITY CODE, TO REDUCE THE MINIMUM SIDE YARD ADJOINING LIVING AREA FROM 10 FEET TO 5 FEET TO ALLOW THE CONSTRUCTION OF A FAMILY ROOM TO BE BUILT ON AN EXISTING ROOFED PATIO BEHIND THE GARAGE LOCATED ON LOT 17, BLOCK 4, MELODY MANOR-2ND- ADDITION, ANOR2NDADDITION, THE SAME BEING�401 TEMPO TERRACE N E , FRIDLEY, MINNESOTA (REQUEST BY MR. ROBERT TICHEY,(7401 TEMPO TERRACE . , FRIDLEY, MINNESOTA): NOTION by Councilman Breider to approve the request for a variance by Mr. Hobert Tic#ley as requested. Seconded by Councilman Utter. Upon a voice vote, all ayest Mayor Liebl declared the motion carried unanimously. RECEIVING PETITION #13-1972 - COMPLAINT ON NOISE & NUISANCE CAUSE BY INDIVID HANGING AROUND GARAGE AT 630 BUFFALO STREET AND AT CERTAIN RESIDENCES ON BUFFALO STREET. ALSO, COMPLAINT ON JUNK CARS AND OTHER UNSIGHTLY OBJECTS AT AND THE ENTIRE RIVERVIEW HEIGHTS Councilman Mittelstadt reported that Mr. Joe Parker had contacted him and also the Police Department regarding the nuisance and noise caused by the young popple that are hanging aroung the garage at 630 Buffalo. They have moved tiair activity from the quonset but to this garage, it seems. MQVION by Councilman Mittelstadt to receive Petition #13-1972. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. MQTIQN by Councilman Mittelstadt to direct that the necessary action be taker through the Police Department and the Health Inspector to eliminate the problems inthe Riverview Heights area. Seconded by Councilman Utter, Upon a Voice y9te9 all ayes, Mayor Liebl declared the motion carried unanimously. RESOLUTION #84-1972 - DIRECTING PREPARATION OF FINAL ASSESSMENT ROLL FOR IMPROVEMENT PROJECT 1972 SERVICE CONNECTIONS: KOTIQN by Councilman Breider to adopt Resolution #84-1972. Seconded by CQUn# - A= Mittelstadt. Upon a voice vote, all ayes, the motion carried unanimouel,y, RESOLUTION #85-1972 - DIRECTING PUBLICATION OF HEARING ON PROPOSED ASSESSMENT ROLL FOR 1972 SERVICE CONNECTIONS: #QTTQN Py Councilman Breider to gdopt Resolution #85-1972. Seconded by Council - Ii Mittelstadt, Upon a voice vote all ayes, the Totion carried unanimously. CU.AR COUNCIL MEETING OF JULY 24, 1972 PAGE 1l &'payor Liebl said that if the trees have to come down, lets do it immediately. The Pare and Recreation Director said that has already been started based on the results of a sample sent in to the University of Minnesota. In the last IQ days, he has noticed the spread in Locke Park. He said the problem was that they have no finances, manpower, or equipment to take care of this new px'ojbleM, Sandee's has about 22 trees and about 6 more have died. Coupcilman Utter asked if there was not a spray that could be used. The Parks rQreman, Ralph Volkman, said yes, in some instances, with a helicopter. Councilman Mittelstadt asked if the City could not be sprayed with the glare, The Parks Foreman said that Locke Park could and the rest of the City could be done With trucks. Mayor Liebl asked that the Parks Department get the information back to the QguAgil as quickly as possible on what their needs are going to be. It may be 'oat the Council will have to call an emergency session. THE VOTE UPON THE MOTION, being a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF ACQUIRING ADDITIONAL RIGHT OF WAY ON 61ST AVENUE FROM RICHARD MILLER IN THE BRIARDALE PLAT: Toe City Engineer informed the Council there is a map showing the right of way poeded on Page #11A of the Agenda and he showed a map of the location on the oyexhead projector. He said Mr. Kenneth Korin, the property owner on the south sloe Would not give the right of way because there is a row of trees that would be destroyed. Mr, JCenneth Korin, 6051 Benjamin Street N.E., was present at the meeting, and was very angry with the way the curbing was put in in front of his house, lie said it was higher in front of his house than across the street and charged that this was pressure being put on by the City to get the right of way they want, The City Engineer said that if there was a problem, it will be corrected, Tha.e IS t4le first time he had heard of any complaints on the workmanship in this area, but it would be checked out the next day. Since Mr. Korin objected to Jos#9 tja treee, he approached Mr. Miller for the right of way. KQTJON by Councilman Utter to authorize the City Engineer to acquire the right of way needed from the Briardale plat as laid out on Page #11A. Seconded by gpuncilman Breider. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF APPROVAL OF CHANGE ORDER #2, PROJECT #106: The City Engineer explained that this Change Order deletes Alternate #1 which W4p awarded With the base contract. There is a need for an easement for the pjroposec storm sewer outlet north to Rice Creek. The negotiations for the Oasement have not been successful, so the Alternate has to be deleted, unless the Council wishes to order condemnation. Without the easement, there will aye to he the temporary ponding on the Briardale plat as was originally propos®d, which is a less than perfect solution. M-ortgage Loan Survey for '0 b � WO41s � ccs 2 Some - l inch= 30ireet AACLQQ�e MANOQ 2 1111m0l jo This is a true and correct representation of a survey of the boundaries of the land above described and of the Location of all buildings, if any, thereon, and all visibl$,^oncropie-"d,hnsents, if", from or'on said lanai. This survey is made only in connection with a unortgope loon now' being pie -"d, an the- property and no liability is assumed except to the holder of such mortgage or any other interest *cclWred .by the reason of such mortgage. It is understood and Agreed t hove :been lacedfor the purpose of establishing lot lines or boundary c.0me . Dated $UBURRAN ONO WEEKIN r, INC.. V1,11/2 'a 1,1 / 2'a t �� go, OHJECTIVS5 * Create a usable living/family room for a large family *- create a dining area for a large family * Create effioient. traffic pattern and additional closet space *kminimize impact on exisiting site/save exisiting patio' trees'shrubs,privacy fence *,acceptable cost *' enbance front view ALTERNATIVES OONSIDERED * move garage forward * add on to back of house * build a separate garage ALTERNATIVE CHOOSEN * Move garage forward a half the cost of other altermatives b best internal layout a' requires fr ont set back deviation Details shown in following sketches A, ALTZMATIVES COMPARED:" Objecj;ivese 1)usuable living/ 2) dining area j)impacat on site 4)cost ()front view family `room CIarage Forward present living use requires lowest improve entrance room & family room :.'.prersent deviation add pillard roof joined & enlarged living rocas Add to separate small present traf lose trees high no change ftdk rooms fiat pattern lose shrubs prohibits lose patio lose privacy fencing Add present living use lose trees highest long driveway Separate room & family room present lose front lawn driveway - Garage joined & enlarged living room to long driveway adjoins neighbors drive DEVIATION CONSIDERATIONS o NEIGHBORS AGREE THIS IS AN ACCEPTABLE CHANGE o SETBACK CHANGE WILL HAVE LESS THAN USUAL AFFECT BECAUSE: + MATURE AREA WITH MANY SHRUBS AND TREES + STREET HAS CURVE + EXTENDING ROOF WILL KEEP VISUAL PROPORATION o THE EFFECT ON THE ADJACENT NEIGHBOR IS MINIMIZED BECAUSE THE CHANGE IS ON THEIR GARAGE SIDE 0 land Planning f�[ L�t1=��C / 6875 Highway No.65 N.E,-, Land Surveying s • J Minneapolis, Soils Testing IeeibI � ��L's Minn. 55432 Civil Engineering Telephone 784-6066 Municipal Engineering Engineers � Surveyors - Area Code 613 Mortgage -Loan Survey for —C GCOT' 1 t�1-iEY ®vim �'e�-? ���= wit rte_-? 11, 1 inA= 30�`t�t LOT 1� GLoCVu 4 Mtt�0DYmN iV�l�. Guo ouy o �►^,vitGa This is a true and correct representation of a survey of the boundaries of the land above described and of the 'location of ail buildings, if any, thereon, and all visible encroachments, it any; from or on said land. This survey is made only in connection with a mortgage loon now being placed on the property and no liability is assumed except to the holder of such mortgage or any other interest acquired by the reason of such mortgage• it is understood and ogreedmonv nt have been laced for the purpose of establishing lot lines or boundary cornet=s. Doted this1�day aty A. 0. 19 Y SUBURBAN IENGINiERING, INC. t33A/�� Engineers %f 1 Surv_e o `t by�1� • 1 l� c.. 8-'-/& -h 5C'i G A/il7C/ 2rne; ?--/ 1 iv Vs:94d K - . S4'0g J