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VAR 10-77VAK /y_ 77 .; City' of Fri' 1ey r}?+ AT THE TOP OF THE TWINS_ o , COM►v 0ITY DEVELOPMENT DIV. t � FROTPCTtVE INSPECTION SEC. I r• CITY HALL F.RIOLEY 55432 ---- •' 612-W-3450 _ I CAT I 0 ll0 D PI L J APPLICATION T, AR QF A Ak ti NUMBER 910-F23 REV. 1 DATE. 3./21/7 PACE OF 1 Z APPROVED by •- f 800 Name Address Phone Leges Description Kt. ' -Block No, .Tract or Addn, > Variance Request(s), including stated hardships (attach plat. sho ing buildi)Dg.,-variances, etc., where applicable)' or survey of property, , Zy v Date Meeting Date F Recei t No. isignature Comments & Recommendations by the Board of Appeals City Council Action and Date Mr Nu Th Mr Mr Mr Mr Ha Ne . City ®f Fridley SUB.6tCT 3; AT THE TOP OF THE TWINS APPLICATION TO BOARD OF APPEALS `Staff COMMUNITY DEVELOPMENT DIV. (,. Report) r PROTECTIVE INSPECTION SEC. " .4 CITY HALL FRIDLEY 55432 NUMBER REV. DATE - PAGE OF APPROVED, BY 612-560-3450 910-F23 1 3/21/75 2 2 800 Staff Comments Board members notified of meeting by ? 17 List members, date notified, and "Yes" or "No" for plans to attend hearing. Plan Date To Attend Name • k s Pearson making appeal and the following property owners having property within.200 -feet notified: By,Whom Name to :Phone or Mail Notified . & Mrs. Lee Athearn-5457 East Danube Road N.E. Way Builders, Inc. 1866 Tioga Blvd. New Brighton, Mn 5511 omas W. Stevenson,6550 East River Road, Apt. 205 a & Mrs. Jerome Rath -141.0 West Danube Road N.E. . & Mrs, Stanley Cthak-1408 West Danube Road N.E. r. & Mrs. Alexander Gonsalves -1406 West Danube Road N.E. . & Mrs. Thomas Forsberg -1404 West Danube Road N.E. st Wisconsin Mtg. Co. 8200 Normandale Blvd. 55437 . & Mrs. David Younkin-5401 Matterhorn Drive N.E. rstad & Todd Construction, 2200 Silver Lake Road a Brighton, Mn 55112 !r -SUBJECTI- COMMISSION R 1 CFCLIST s - c 1 I OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE APPEALS COMMISSION TO WHOM.IT MAY CONCERN: Notice is hereby given that the Appeals Commission of the City of Fridley will meet in the Council Chamber of the City Hall at 6431 University Avenue Northeast at 7:30 P.M. on Tuesday, November 29, 1977 to consider the following matter: A request for a variance of the Fridley City Code, Section 205.053, 4,B, to reduce the side yard adjoining living area from the required 10 feet to 8.8 feet, to accommodate an error in placement of the house on.the lot, located on Lot 20, Block 1, Innsbruck North 2nd Addition, the same being 1408 West Danube Road N.E., Fridley, Minnesota. (Request by Aarstad & Todd Construction, 2200 Silver Lake Road, New Brighton, Mn 55112). Anyone who desires to be heard with reference to the above matter will be heard at this meeting. VIRGINIA SCHNABEL CHAIRWOMAN APPEALS COMMISSION Note: The Appeals Commission will have the final action on this request, unless there are objections from the surrounding neighbors, the City Staff, or the petitioner does not agree with the Commission's decision. If any of these events occur, the request will continue to the City Council through the Planning Commission. OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE APPEALS COMMISSION TO WHOM IT MAY CONCERN: Notice is hereby given that the Appeals Commission of the Fridley will meet in the Council Chamber of the City Hall at University Avenue Northeast at 7:30 P.M. on Tuesday, November to consider the following matter: City of 6431 29, 1977 A request for a variance of the Fridley City Code, Section 205.053, 4,B, to reduce the side yard adjoining living area from the required 10 feet to 8.8 feet, to accommodate an error in placement of the house -on the lot, located on Lot 20, Block 1, Innsbruck North 2nd Additions the same being 1408 West Danube Road N.E., Frfdley, Minnesota. (Request by Harstad & Todd Construction, 2200 Silver Lake Road, New Brighton, Mn 55112). Anyone who desires to be heard with reference to the above matter will be heard at this meeting. VIRGINIA SCHNABEL CHAIRWOMAN APPEALS COMMISSION Note: The Appeals Commission will have the final action on this request, unless there are objections.from the surrounding neighbors, the City Staff, or the petitioner does not agree with the Commission's decision. If any of these events occur, the request will continue to the City Council through the Planning Commission. 7. way .No. 65 tV. L a Minneapolis t CQ!, ti�'� \ja �`+ �� Minn. 55432 hCww" 784 -6066 area Coda 612 - J. r v xn L 71Y 111001 jam• ,:, �., Y' 1 L 3rd., This is o true and correct representotinn ovntlaries of the land above described and of the f a Survey of the bo location of all buildings+ if t thereant and call visible encroachmentst if any, from or on said land. This -survey is made only in :7rtnection with a'mbrtgage loan now being .placed on the property and no liability is assumed except to the ' Ofde:r of such '^ortgage or any other interest acquired by the reason of such mortgage, it is understood and oareed.^ monuments hove been placed for the corners. Dated this do }h purpose of as+ablishing lot tines or boundary F y of- A. D. 19U. SUBUR3AN ENGINEERING, INC. �` €nginays T _ Surveyor by q Land Planning /w r ff It j� %t 6875 Highway NO,6S N.E. Land Surveying' / • j • a Minneapolis,. Soils Testing `' ��r���i<ill/�6 y ?��• Minn. 55432 Civil Engineering (/ Tetepharie 784-6¢68 Municipal Engineering Engineers &. Surveyors Area Code 6:2 Mortgage Loan trSurv- ey forzl ' �. �� t `)t i •..-....r'� �z ��, f .fin i J as �I t FY f ? , This is a true and .epresento-ion of a survey •>f the boundar,es of the icnd above desu ibed and of the cation of c.it but:dir g,,^ny, th.regn, and ail visible encroachments, :1 any, from or on said land. This survey is. rode only in connection mortg.:,)e -un now being placed on the pr.oerty and no liability is assumed --Pt to the holder e.c such mortgage or any other interest acquired oy the reason of such mortgage. it is .nderstood and agreed no monuments have been placed for the purpose of establishing lot lines or boundary canters. Dated this nim -day of v=i- A. D. T9. SUBURBAN ENGINEERING; INC. Enginae4 Surveyors• Item #1 11-29-77 ADMINISTRATIVE STAFF REPORT 1406 West Danube Road A. PUBLIC PURPOSE SERVED BY REOUIREMENT: Section 205.053, 4, B,l, requiring a 10 foot side yard setback for living areas in an R-1 zone. Public purpose served by this section of the code is to maintain a minimum of 20 feet between living areas in adjacent structures and 15 feet between garage and living areas in adjacent structures to reduce exposure to conflagration of fire. Also to allow for aetthetically pleasing open areas around residential structures. B. STATED HARDSHIP: Lot terrain made exact location of footings difficult, and swamp in rear made us hold the house close to the front line. C. ADMINISTRATIVE STAFF REVIEW This house was brought forward more than what was shown in the proposed site location submitted with the permit application. Staff notes that it was difficult to determine the exact location of the South property line due to several trees, steep cuts in the bank, and a southwest lot iron located across a swamp. The house to the south is 34.2 feet from the common property line involved. Item #1 11-29-77 ADMINISTRATIVE STAFF REPORT 1406 West Danube Road A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.053, 4, B,1, requiring a 10 foot side yard setback for living areas in an R-1 zone. Public purpose served by this section of the code is to maintain a minimum of 20 feet between living areas in adjacent structures and 15 feet between garage and living areas in adjacent structures to reduce exposure to conflagration of fire. Also to allow for aetthetically pleasing open areas around residential structures. B. STATED HARDSHIP: Lot terrain made exact location of footings difficult, and swamp in rear made us hold the house close to the front iine. C. ADMINISTRATIVE STAFF REVIEW: This house was brought forward more than what was shown in.the � proposed site location submitted.with the permit application. Staff notes that it was difficult to determine the exact location of the South property line due to several trees, steep cuts in the bank, and a southwest lot iron located across a swamp. The house -to the south is 34.2 feet from the common property line involved. CITY OF FRIDLEY APPEALS COMMISSION MEETING - NOVF134B> R 29, 1977 CALL TO ORDER: Chairperson Schnabel called the November 29, 1977, Appeals Commission meeting to order at 7:38 P.M. ROLL CALL: Members Present: Plemel, Kemper, Schnabel, Gabel, Barna Members Absent: None Others Present: None APPROVE APPEALS COMMISSION MINUTES: OCTOBER 25, 1.977 .MOTION by Ms. Gabel, seconded by Mr. Barna, to approve the Appeals Commission minutes of October 25, 1977. Chairperson Schnabel referenced the eighth paragraph on page 9. She explained that there was a MOTION made to have the pictures depicting the visibility of the Real Estate 10 building on Hillwind Road NE from Interstate 694 be brought up at the City Council meeting. She wanted to know if that had been done. Ms. Gabel said that the pictures were shown to the City Council members. Chairperson Schnabel expressed surprise at the way the decision had been handled. Mr. Kemper suggested that they discuss this item later in the meeting. UPON A VOICE VOTE, all voting aye, the motion carried unanimously. 1. REQUEST FOR VARIANCE OF THE FRTDT.PV CT'T V rnDF_ gRrTTC)W '205.053, 4. B,' TO REDUCE THE SIDE YARD ADJOINING LIVING AREA FROM THE REOUIR.ED j 0 FEET TO 8,8 FEET, TO ACCOMODATE AN ERROR IN PLACEMENT -OF THE HOUSE ON THE LOT. LOCATED 'ON LOT 20 1� INNSBRUCK NORTH SECOND ADDITION E SAME 'BEIN 1 0 TEST'DANUBE_ ROAD N E ..FRIDLEY3 MINNESOTA Request bNl--Ilz&stad & Todd Construction, 2200 Silver Lake Road, New Brighton, MN 55112). MOTION by Mr. Barna, seconded by Mr. Kemper, to open the Public Hearing. Upon a voice vote, all voting aye, the motion carried unanimously, The Public Hearing was opened at 7:43 P.M. APPEALS COMMISSION MEETING - NOVEMBER 291 1977 Page 2 , ADMINISTRATIVE STAFF REPORT 1406 West Danube Road A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.053, 4, B,1, requiring a 10 foot side yard setback for living areas in an R-1 zone. Public purpose served by this section of the code is to maintain. a minimum of 20 feet between living areas in adjacent structures and 15 feet between garage and living areas in adjacent structures to reduce exposure to conflagration of fire. Also to allow for aesthetically pleasing open areas around residential structures. B. STATED HARDSHIP: Lot terrain made exact location of.footings difficult, and swamp in rear made us hold the house close to the front line. C. ADMINISTRATIVE STAFF REVIEW: This house was brought forward more than what was shown in.the proposed site location submitted .with the permit application. Staff notes that it was difficult to determine the exact location of the South property line due to several.trees, steep cuts in the bank, and a southwest lot iron located across a swamp. The house to the south is 34.2 feet from the common property line involved. Mr. Richard Huss was present at the meeting, representing Harstad & Todd Construction. Chairperson Schnabel asked when the house in.question had been constructed and when the discrepancy had been discovered. Mr. Huss said that the house had been constructed approximately 90 days previous and that the discrepancy had been discovered when he applied for the certified survey. Mr. Huss agreed with Chairperson Schnabel that it was the front lot line that was off and not the rear lot line. Chairperson Schnabel requested Mr. Huss to indicate on the picture where the lot line was exactly located. Mr. Huss indicated that the error had been attributed to a number of things. He said that on paper, it had looked like it would have worked, but in reality there was no way that it could have been situated exactly as it had been drawn in. APPEALS COMMISSION MET, INO - NOV BER 29,,12 Paae 3 Mr. Kemper indicated that when sitings were difficult and that close of tolerence existed between the lot lines, he felt that all that much more care should have been taken. He said that it was all the more difficult to approve a variance after the entire structure was complete. Chairperson Schnabel indicated that the only alternative the Appeals Commission had was to recommend that some additional land be purchased from the adjacent property owners; or else they would have to 'grant the variance. Mr. Kemper said that the Engineering Department and Staff should have really checked much more carefully. Chairperson Schnabel pointed out that when the petitioner went in to City Hall with his proposed site location, evidently it had showed a house that fit properly on the lot `Ana required no variances, She said that most likely when the footings had been dug, that the house had been shifted. Chairperson Schnabel read a comment that had been made on the Commission Application Review"It is' after the fact, but why did property owner indicate a 12 ft. side yard setback with a smaller front yard setback initially. If accurate information had been submitted initially, a house revision could have been made and no variance required." Mr. Kemper said that .; by the scale of that drawing, a person could see that it ,could not have worked. Chairperson Schnabel indicated that the adjacent house was 34.2 feet from the common property line, so that there was adequate space between the structures. Mr. Kemper said that he didn't feel that the public purpose was being violated. He said that his concern was with the way the entire thing had been handled. He said that it was obvious to.untrained eye that the scale of the drawing was wrong. He said that the construction of the house should not have been allowed with the poor quality of drawing that had been presented. He said that the Engineering Department should be cautioned to do a better `job. td see to it that the drawings submitted at the time that building permits are issued are scaled correctly. He again said that he had no problem with the public purpose he only had a problem with the way it was done. MOTION by Mr. Plemel, seconded by Mr. Barna, to close the Public Hearing. Upon a voice vote$. all votingaye, the motion carried unanimously. The Public Hearing was closed at 7:56 P.M. APPEALSCOMMMISSION MEETING - NOVT,14BER 299 1977 Pace 4 Ms, Gabel agreed with Mr. Kemper's comments. She said that the situation should not have happened. She indicated that -since it was already done, and there was enough open space between the structures to keep within the intent of the code, it would have to be "lived" with. Mr. Barna supported the comments ,by Mr. Kemper. He said that it should not have happened, but it did happen, and the house was already constructed and he said it would be after -the -fact to deny the variance. He said that the expense of moving the structure would go onto the City Council and he doubted' that they would tell them to move the 'structure. Chairperson Schnabel didn't feel that moving the house would be the alternative. She said that a motion could be made to have the petitioner purchase some additional land from the adjacent property owner. Mr. Barna said that any alternative would most likely be very expensive. He didn't feel it was the Appeals Commission's position to "punish" somebody for having made an obvious error. He did point out that this was a very "obvious error's that should not have happened. MOTION by Mr. Barna, seconded by Ms. Gabel, that the Appeals Commission approve the request for variance of the Fridley City Code, Section 205605394,B, to reduce the side yard adjoining living area from the required 10 feet to 8.8 feet, to accomodate an error in placement of the house on the lot, located on Lot 20, B16ck 11 Innsbruch North Second Addition, the same being 1406 'lest Danube Road N.E., Fridley, Minnesota. .Mr. Barna made the comment that this was an avoidable error and he hoped that it did not happen again. Ms. Gabel said that she would be willing to vote against the variance if she thought it would do any good. UPON A VOICE VOTE, all voting aye; the motion carried unanimously. 2. RE TO 'REDUCE THE SIDE 'YARD ADJOINING LIVING fE IRLO RL �. - - ,"77PRUXIMATELY 6 FEET 13L' IIID (I+C 1 JJI±uu iJA1VL 1V, - v 11"RIDLLY, PUNN1; , (Request y_Art ur on Inger, yric ane ,E., Fridley, Minnesota 55432). MOTION by Mr. Kemper, seconded by Mr. Plemel, to Open the Public Hearing. Upon a voice vote, all voting aye, the motion carried unanimously. The Public Hearing was opened at 8;01 P.M.