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VAR 05.70WE=0=1 i == e � �, 19 9 Z) APPLICATION TO THE BOARD OF APPEALS AND CnY CGUWIL FOR SPECIAL USE PERMIT, VARIANCE U3 REQUIR9M1 S Olr CERTAIN. ORDINANCES OF THE CITY OF VAIMEY (Applicant to complete items 1, 2, 3) 1. Flame and Address of Applicant 1�qd 6 - Su ,4AIso IJ 2. Legal Description of Property (also general location, such ss;"noath- east corner of 64th Avenue and 5th Street1O or 6415 fifth Street") 3. Describe the variance requested. (Attach Plat ax Sar%fty of property showing location of proposed buildLng, etc., also adjoining praPatties and ownership within 200' of said property.) 7v --),3 ,4j?6d 7- V,,4,ed &0 & 4 urcjc) AV / .4x0 . 4. Cents by administrative official denying original request for buildin{ pemit or other permit. (To be completed by adwin!s trstiva officiAl. Appropriate ordinances and section of ordicnance4 to be cited,) L o 7 -9 l,r✓ 2L4; 10® F®r Above Recommendations Against.Recommendati®ns land Planning Ar Ii Land Surveying p Soils TEslinel F 5 G '9�If Civil Engi�neerincg ( / Municipal EtVgineering Engineers & :-3iii2'ilr£;R ors CertifiCat0* Of SUI -Vey f017 i i f 6875 Highway No. 65 N.E. Prlinneupolisf Minn• 55-132 Telephone 784-6066 Area Core 612 0 m � �,..�...,�,�,-_,=-1......a..,.._-d,.m.m..».......m...s.».�.,�.n.,...--ro._,.�-r�...�.�.,.«.,.,m.�.=.,..�.v..,�-.n,.�.........,..<,....,m.._�.....-..,�..__...�: xe..�..,..o....,.a...-_.,�,.,_..�....�.u.u� ' sit r :./.:.� a ;. . � .../,'• '� ,,,,,� �,,,, �.. i horeby [r.`rfii�: -hco i is r, tr-_r` rod C ci 7 C! C 4Ut vc•: :.f i• i:: •i!`S .. t'li' 'f if ��i..•��%>C. 1� _.. :1 c' f„:�inr;e ry +i:r vt: y.�r•: r al. .F , m � �,..�...,�,�,-_,=-1......a..,.._-d,.m.m..».......m...s.».�.,�.n.,...--ro._,.�-r�...�.�.,.«.,.,m.�.=.,..�.v..,�-.n,.�.........,..<,....,m.._�.....-..,�..__...�: xe..�..,..o....,.a...-_.,�,.,_..�....�.u.u� 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, June 9, 1970 to consider the following matter: A request for a variance of Section 45.053, 4A, to reduce the required front yard depth from 35 feet to 23 feet to permit the construction of a dwelling with an attached garage on Lot 1, Block 1, Girdler Terrace Addition, the same being 6064 Woody Lane N.E., Fridley,:Minnesota. (Request by Mr. Harold E. Swanson, 1211 Gardena Avenue N.E., Fridley, Minnesota.) Anyone desiring to be heard with reference to the above matter may be heard at this meeting. ROBERT A. MINISH 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 7:30 P.M. on Tuesday, June 9, 1970 to consider the following matter: A request for a variance of Section 45.053, 4A, to reduce the required front yard depth from 35 feet to 23 feet to permit the construction of a dwelling with an attached garage on Lot 1, Block 1, Girdler Terrace Addition, the same being 6064 Woody Lane N.E., Fridley,:Minnesota. (Request by Mr. Harold E. Swanson, 1211 Gardena Avenue N.E., Fridley, Minnesota.) Anyone desiring to be heard with reference to the above matter may be heard at this meeting. ROBERT A. MINISH CHAIRMAN BOARD OF APPEALS i i • 47 fi �- J, &o(o4 WOODY �AtJ?- M,r__ i AD .$. • 4 1 � THE CITY OF FRIDIEY BOARD OF APPEALS Petition for varience of front yard setback of 35 feet to 23 feet for construction of an L shaped rambler at 6064 Woody Lane. This request is made by Harold and lone Swanson presently living at 1211 Gardena, to be presented to the Board of Appeals on Tuesday, May 26th at P.M. -Fridley City Hall. --- SW We the undersigned do not object to the above varience: ADDRESS DATE 6o 2 2: 1-0 '70 aa' 0 11� a 119�" —7- 16, 2,2- )19-70 J - . La -7o Ic s- �� r (� LIO 7� .,� �.. :t F `:Ti THE MINUTES OF THE BOARD OF APPEALS SUBCOMMITTEE MEETING OF MAY 26 1970 The meeting was called to order at 7:38 P.M. by Chairman Minish. MEMBERS PRESENT: Minish, Ahonen, Drigans, Sondheimer MEMBERS ABSENT: O'Bannon OTHERS PRESENT: Al Bagstad - Building Official MOTION by Drigans to approve the minutes of the May 12, 1970 meeting as written. Seconded by Sondheimer. Upon a voice vote, there being no nays, the motion carried unanimously. Chairman Minish stated the request that was tabled at the last meeting, variance of Section 45.053,4B, Subparagraph 3, by Mr. Bruce Miller, 7872 Firwood Way N.E., went before the City Council on May 18, 1970, and was approved at that time. 1. REQUESTS FOR VARIANCES OF SECTION 45.053.4B, SUBPARAGRAPH 4 TO REDUCE THE SIDEYARD WIDTH ON THE STREET SIDE OF A CORNER LOT FROM 17.5 FEET TO 13.12 FEET AND SECTION 45.053, 1B. TO REDUCE THE MINIMUM &MUIRED LOT AREA FROM 7,500 SQUARE FEET TO 6.116 SQUARE FEET AND SECTION 45.053, 4B, SUBPARAGRAPH 4B. TO REDUCE THE SIDEYARD REQUIREMENT FOR AN ACCESSORY BUILDING OPENING ON A SIDE STREET FROM 25 FEET TO 21 FEET TO PERMIT THE CONSTRUCTION OF A DWELLING AND GARAGE ON LOT 30, AND THE NORTHERN 10 FEET OF LOT 29, BLOCK 1. PLYMOUTH ADDITION, THE SAME BEING 4885 -3RD STREET N.E., FRIDLEY, MINNESOTA _(REQUEST BY MR. FRANK DIRCZs_4875-3RD STREET N.E.. FRIDLEY_ MINNESOTA_) Mr. Frank Dircz was present to present the requests. He explained that he had been before this Board in June of 1969 with 5 variances on the same land and the variances had been approved by the Board but denied by the Council. He has since been granted a lot split, on the land, by the City Council and is now before the Board with only 3 variances. The Board was shown a sketch of Lots 28, 29 & 30 which located the buildings that are presently on Lot 28 and part ji 29. Chairman Minish stated that Lot 30 was a tax forfeit lot that Mr. Dircz bought for back taxes and which he has kept up even though it was considered unbuildable. Mr. Dircz stated the taxes on the lot are now quite high and he would like to be able to build a house on it to sell. He stated further that he has cut down on the size of the house since last year's request and that he will maintain the 15 foot requirement between structures. MOTION by Ahonen to close the public hearing. Seconded by Drigans. Upon a voice vote, there being no nays, the motion carried unanimously. MOTION by Ahonen to approve the 3 variances for the following reasons: 1. Another variance was approved last year, prior to a granted lot split, and since then the Council has approved the lot split and this action is now necessary to make the lot buildable. The Minutes of the Board of Appeals Subcommittee Meeting of May 26, 1970 2. The building would not afford any traffic hazards as far as visibility is concerned. 3. The Lot has been vacant for quite some time and the applicant has taken great pains to maintain the lot. 4. The building on the site would be an asset to the City and to the neighborhood. 5. There is no way in which the applicant could acquire any more land to add to the lot. Seconded by Sondheimer. Upon a voice, vote, there being no nays, the motion carried unanimously. 2. PUBLIC HEARING ORIGINALLY SCHEDULED FOR THE MEETING OF JUNE 93, 1970. A REQUEST FOR A VARIANCE OF SECTION 45.053, 4A, TO REDUCE THE REQUIRED FRONT YARD DEPTH FROM 35 FEET TO 23 FEET TO PERMIT THE CONSTRUCTION OF A DWELLING WITH AN ATTACHED GARAGE ON LOT 1, BLOCK 1, GIRDLER TERRACE ADDITION THE SAME BEING 6064 WOODY LANE N.E., FRIDLEY, MINNESOTA. (REQUEST BY MR HAROLD E. SWANSON, 1211 GARDENA AVENUE N.E., FRIDLEY MINNESOTA.) Chairman Minish explained to the Board that he had received a call from Mr. Harold Swanson asking if he could appear at tonight's meeting with his request as he would like to start building as soon as possible. Chairman Minish had answered that Mr. Swanson could appear if he could acquire the signatures of all the property owners within 200 feet of his property, stating they had no objections to the request for the variance. Chairman Minish also told Mr. Swanson that the Board would receive the request but that they might not agree to act on it, at this meeting, as it was not the regular procedure. Mr. Swanson came forward and presented to the Board a petition signed by all the property owners, within 200 feet of his property, stating they had no objections to the variance. MOTION by Sondheimer to receive the petition. Seconded by Drigans. Upon a voice vote, there being no nays, the motion carried unanimously. Mr. Swanson explained they need the variance as the back of their lot is very steep and if they had to maintain the 35 foot setback, the house would be placed back behind the crest of the hill. This would mean hauling in a considerable amount of fill which would run into quite a bit of money. Mr. Swanson explained further that the house to the North of his lot is located completely behind his proposed house and the dwelling located on the second lot to the North is further back yet. He said the houses along Woody Lane have not been built with any standard setback, so their house would not be disrupting a strAight line of homes if -they were allowed to build using a 23 foot setback. Page 2 The Minutes of the Board of Appeals Subcommittee Meeting of May 26, 1970 Page 3 Chairman Minish stated the City Code does not state surrounding property owners have to be notified any specific time period in advance of a public hearing. He then asked the Board members if they had any objections to opening the public hearing on this request as all of the surrounding property owners had received notices of this request before they had all signed the petition. The members answered they had no objections. Chairman Minish then officially convened a public hearing on this request. Mr. Drigans asked Mr. Swanson if he had realized before, that he would need a variance before he could build on this lot. Mr. Swanson answered that the contractor had not staked the house on the lot beforehand, and when it was staked out with the required 35 foot setback, it was discovered that the fill would be necessary in order to build. MOTION by Ahonen to close the public hearing. Seconded by Drigans. Upon a voice vote, there being no nays, the motion carried unanimously. MOTION by Drigans to approve the request for the following reasons: 1. There is a hardship in the large amount of fill required to meet the present setback. 2. The surrounding homes do not maintain a standard setback. 3. The applicant has presented a petition signed by all of the surrounding property owners agreeing to the variance. Seconded by Ahonen. Upon a voice vote, there being no nays, the motion carried unanimously. The Board does agree that there should be at least 10 days notification of a public hearing before the meeting date. ADJOURNMENT: The meeting was adjourned at 8:38 P.M. by Chairman Minish. Respectfully submitted, r® 1193 A MARY HINT Secretary REGULAR COUNCIL MEETING 'OF JUNE 1, 1970 PAGE 8 MOTION by Councilman Sheridan to receive the Minutes of the Building Standards - Desi,gn.Control Subcommittee Meeting of May 21, 1970. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. RECEIVING THE MINUTES OF THE BOARD OF APPEALS MEETING OF MAY 26, 1970: 1. REQUESTS FOR VARIANCES OF SECTION 45.053, 4B, SUBPARAGRAPH 4, TO REDUCE THE SIDEYARD WIDTH ON THE STREET SIDE.OF A CORNER LOT FROM 17.5 FEET TO 13.12 FEET AND SECTION 45.053, 1B, TO REDUCE THE MINIMUM REQUIRED LOT AREA FROM 7,500 SQUARE FEET TO 6,116 SQUARE FEET AND SECTION 45.053, 4B, SUBPARAGRAPH 4B, TO REDUCE THE SIDEYARD REQUIREMENT FOR AN ACCESSORY BUILDING OPENING ON A SIDE STREET FROM 25 FEET TO 21 FEET TO PERMIT THE CONSTRUCTION OF A DWELLING AND GARAGE ON LOT 30, AND THE NORTHERN 10 FEET OF LOT 29, BLOCK 1, PLYMOUTH ADDITION, THE SAME BEING 4885 3RD STREET N.E., FRIDLEY, MINNESOTA.. (REQUEST BY MR. FRANK DIRCZ, 4875 3RD STREET N.E., FRIDLEY, MINNESOTA): The City Engineer said that this is a lot which was discussed previously when a lot split was granted by the Council. The property is owned by the adjacent property owner. The Board of Appeals recommended approval. He pointed out that this would be setting a precedent for a 45' lot. MOTION by Councilman Liebl to approve the variances requested by Mr. Frank Dircz. Seconded by Councilman Sheridan for discussion. Councilman Sheridan said that at the previous discussion he indicated that the side yard should be 17 feet. This request is for 13.12 feet. His reason for the 17 feet was for clear vision. Councilman Liebl said that he had gone down there and the street is very wide and there should be no problem with vision. He pointed out that none of the neighbors objected to it. The City Engineer showed the plot plan at the Council table. THE VOTE UPON THE MOTION, being a voice vote, all voting aye, Mayor.Kirkham declared the motion carried. 2. A REQUEST FOR A VARIANCE OF SECTION 45.053, 4A, TO REDUCE THE REQUIRED FRONT YARD DEPTH FROM 35 FEET TO 23 FEET TO PERMIT THE CONSTRUCTION OF A DWELLING WITH -AN ATTACHED GA,FAGE ON LOT 1, BLOCK 1, GIRDLER TERRACE ADDITION, THE SAME BEING 6064 -WOODY LAND N.E., FRIDLEY, MINNESOTA. (REQUEST BY MR. HAROLD E. SWANSON, 1211 GARDENA AVENUE N.E., FRIDLEY, MINNESOTA): The City Engineer said that this request is for a front yard variance from 35 feet to 23 feet on Woody Lane. Mr. Swanson had a petition signed by about 15 property owners in the area saying that they had no objection. The Bgard of Appeals recommended approval. This is an odd lot, and some of the existing homes are set quite far back on the lots. MOTION by Councilman Sheridan to approve the variance requested by Mr. Harold Swanson as recommended by the Board of Appeals. Seconded by Council- man Liebl. Upon a.voi_ce vote, all voting aye, Mayor Kirkham declared the motion carried.