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VAR 07.75City of Fridley AT THE TOP OF THE TWINS • COMMUNITY DEVELOPMENT DIV. r PROTECTIVE INSPECTION SEC. 1 � • 1 i'-"-1 • CITY HALL FRIDLEY 55432 i_.__ i`�' '•� 612-560-3450 SUBJECT ' APPL.ICATIO.N TO BOARD OF APPEALS NUMBER 910-F23 REV. l DATE 3/21/75 PAGE OF 1 ;2 APPROVED BY 800 Name Address q Phone Legal Description Lot No. Block No. Tract or Addn. MOORE Variance Request(s); including stated hardships (attach plat or showing building, variances, etc., where applicable) tio '7—%?/fid ��� sa survey of property f 6.Z t�ei ' lei —Y 1 Ail AN e® I, "emJdV 1--7-0 Date Meeting Date Fee Receipt No. Signature Comments & Recommendations by the Board of Appeals City Council Action and Date City ®f Fridley AT THE TOP OF THE TWINS P 1 1 '(Staff L,_____ COMMUNITY DEVELOPMENT DIV. E PROTECTIVE INSPECTION SEC. 1 ; � CITY HALL FRIDLEY 55432 612-560-3450 SUBJECT APPLICATION TO BOARD OF APPEALS , Report) NUMBER 910—F23 REV, 1 DATE 3/21/75 PAGE OF 2 2 APPROVE U BY 800 Staff Comments Board members date notified, notified of meeting by and "Yes" or "No" for plans Name List members, to attend hearing. Plan Date To Attend Pearson making appeal and the following property owners having property within 200 feet notified: By Whom Name Date Phone or Mail Notified i 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 the Fridley City Code, Section 205.154, (3), to request permission to increase the maximum height of a fence to ten (10) feet from seven (7) feet, to allow construction of a fence around a swimming pool area, to be located on Lot 4, Block 2, Moore Lake Hills Addition, the same being 6128 Woody Lane N.E. (Request by Mr. C. E. LiaBraaten, 6128 Woody Lane N.E., Fridley, Minnesota.) 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 APPEALS COMMISSION ITEM #'2' twolonnin9 9675 _Aomay fG§ ,vi. ta;d 5, i, yy Minrnvfb/531, ia. ejMy N 0 NEE M N ® Nc. Gin/ 6 ,Nunaipal Jilmscl 46066 En�ureern9' Engineers � .Survey®rs i 4AIVE LAO "u 6. .0 �© o ar'd l n, C' x. Amby cerl/Py fhat JbI5 is a hue and wMd represenfol kn or47 survey qC#m bvvnd®r/es qP#x ciwre &Sr-mhad 10)74 dm a�'f'rzz I=&7 or'all b�9s , #zrean , &-d 0/1 risible nrCrovcfimenfs , if=y. , fVn or on slid /and As surveged by nw A SUB UR6AI ENC NEERIN6 , /mc. L-�eneers Fi' ,�urreynr.� 77 1, 1 Page 3 The Minutes of the Appeals Co nission Meeting of July 15, 1975 Mr. Plemel asked if he had considered building a garage instead of a carport and -he said that he wanted to run a concrete slab there and have some kind of drive out to the road so that his kitchen didn't serve as the entrance to his house. Another reason for not wanting 4 garage in the rear was that it would take up so much of the backyard. Mr. Kemper brought up the subject of Mr. Matison's discussion with his neighbor about buying a certain piece of property and what the outcome of it was, and he replied that he did check with Mrs. Mancino's mortgage company and they no longer hold the mortgage on it. It would entail a lot of legal work to get permission from all parties involved which would be a considerable expense. Mr. Matison then explained th^.t his biggest problem was the side steps, which lead right into the kitchen. If he could somehow move that door, he wouldn't need a variance because he would then have 9 feet, which is plenty of space to pull a car into, but he can't move that door without $5,000 or $6,000 worth of remodeling costs to the kitchen. Mrs. Gabel asked how many bedrooms he now had in his house and he replied three. Chairman Drigans asked if this carport would be constructed so that he could enclose the sides and make it a garage and he said, yes. Mr. Kemper asked if he the proposed cost figures and he said his own figures, which would be about $3500 for the carport and driveway and $7500 for the porch. Mr. Plemel asked if he were going to hard surface the driveway and he said, yes. MOTION by Drigans, seconded by Plemel, to close the public hearing. Upon a voice vote, there being no'nays, the motion carried. Chairman Drigans called the meeting now at the Committee level and discussion began with the 1pt size being the biggest hardship Mr. Matison had as he had tried to acquire some adjacent property, and the neighbor to the east had no objections. The neighbor's side yard setback is 48 feet. Mr. Plemel said it was quite an ambitious project and he was in favor of it with the stipulation that Mr. Matison put in a hard surfaced driveway if he were going. to convert it into a garage. MOTION was made.by.Plemel, seconded by Gabel, to approve the variance in this case with the stipulation of the hard -surfaced driveway and the hardship of the lot size, to the City Council. Upon a voice vote, there being no nays, the motion carried. " 2. A REQUEST FOR A VARIANCE OF THE FRIDLEY CITY CODE, SECTION 205.154, (3), TO REQUEST PERMISSION TO INCREASE THE MAXIMUM HEIGHT OF A FENCE TO TEN (10) FEET FROM SEVEN (7) FEET, TO ALLOW CONSTRUCTION OF A FENCE AROUND A SWIMMING POOL AREA, TO BE LOCATED �ON LOT ---4=, -BLOCK-2, MOORE LAKE HILLS ADDITION, THE SAME BEING_ 128 WOODY LANE N.E. (REQUEST BY MR C E LIABRAATEN, 6128 WOODY LANE --:-E —�D�Y, MINNESOTA 55432). 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 explained the lot lines and .the existing deck, and also where his 6 foot high 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 around 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, FRIDLEY, MINNESOTA 55432. (REQUEST BY DALE G. MINER). MOTION by Drigans, seconded by Plemel, to open the public hearing. Upon a voice vote, there being no nays, the motion carried. •_ 31 PAGE 5 REGULAR COUNCIL MEETING OF AUGUST 4, 1975 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 Commission 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, SECTION 205.063, 46, TO REDUCE THE SIDE YARD SETBACK FROM FIVE FEET TO TWO FEET TO ALLOW CONSTRU_M OF A CAR PORT_AND A SCREENED PORCH ADDITION^TOTAN EXIZT1111eGDWELLI,Nb LVAdFSDIOLLELOTS 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 mentfoned 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 Nee asked if this property would be a building site. After considerable discussion it was determined that the adjacent property would not comprise a e cost to split a 25 foot parcel of property building site. Mr. Matison said th 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 FORrA VARIANCE OF THE FRIDLEY CITY CODE, SECTION 205.154, (3), TO REQUEST PERMISSION TO INCREASE THE PrAXIMUM HEIGHTS OF A FENCE TO TEN k1ul rr_T rn i i 61.1 rnNSTRIICTTON OF A FENCE AROUND A SbJIMMING 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 Breider. Upon a voice vote, all REGULAR COUNCIL MEETING OF AUGUST 4, 1975 voting aye, Mayor Nee declared the motion carried unanimously. ST FOR A VARIANCE OF SECTI 053. 46, FRIDLEY CITY PAGE 6 TO REDUCE ' N ADDITION 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. DERATION OF A VACATION REQUEST, SAV #75-05, BY RICHARD KOK, TO ASF ANn HTTITTY FASFMFNT FROM 6 FEET TO 0 FEET ON THE SOUTH SI 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 THE STREET EASEMENT OCCUPYING THE EASTERLY 66 FEET OF PROPERTY DESCRIBED AS HE SOUTH PART OF TRACT C, REGISTERED LAND SURVEY N0. 3 TO ALLOW THE CONSTRUCTION Wt --R csni-"mac C MTt v nt.tct t Tntr_• 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 th e property owner was facing a time element.for construction. The Public Works 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 tho 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 UNIVERSITY AVENUE, AND VACATE THE 1.2 FOOT ALLEY 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 Comnission 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. i 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, 560-3450 6431 UNIVERSITY AVENUE NE August 6, 1975 Mr. C. E. LiaBraaten ®� 6128 Woody Lane N.E. ✓ Fridley, Minnesota 55432 Dear.Mr. LiaBraaten: ANOKA COUNTY FRIDLEY, MINNESOTA 55421 Re: City Council -Board of Appeals Action Taken -Notice On August 4, 1975 the Fridley City Council officially affirmed the recommendation of the Board of Appeals that your variance request(s) be approved with the stipulations listed below. Copies of the approved minutes of the August 4th Council meeting will be available Sept..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 Development Office at 560-3450, Ext. 41. Sin rely, OWARD G. MATTSO Community Development Office HGM/mh