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VAR 05.71I V D3;f71 ,d *01 APPLICATION To THE HOARD of APPEALS AND CITY CGU IL FOR SPECIAL USE PERMIT, VARIANCE IN REQUYRMNIS ®P• CERTAIN.ORIDIMICES OF TO CITY OF YHIDL,E'Y (Applicant to complete items 1, 2, 3) 1. Naxw and Address of Applicant �� 04 Q -T. SG� LA -L Ilio� S7 �N 4 2. Legal Description of Property (also general location, such as;"noath- east corner of 64th Avenue and 5th Street6° or 6415 Fifth Street") ' S 1Aaas t�. ate___ �.®�.��.�____�T __ C� _� - ___'�• 3.Describe the variance requested. (Atfrach Plat ox Su»y pf tty showing location of proposed buildLng, etc., Tali® adjoint'na propartlee and ownership within 200® of said property.) 1W e " r s- �, 4. A"- Commnts by administrative official denying original request for buildinS p it or other permit. (To be completed by adwin!sta:ativa officiAl. Appropriate ordinances and section of ordinance to be cited.) 3. Notice of Hearing appe (must be at least once attached). 2 in official Newspaper on the following Ys before meeting — copy of notice to �. Board Mmbers isotified of >eting byr©,/9�/ is t Kmbers, Date Notified, and t°des®' 'owd' plans to att®n hearing). a Km fIT.� i l ,I J py pbzue Notified by or VAII(1[2litial� aiL, . `moi,W 'ju 70,*ng Board Mobers and Interested parties mra pmvant at the marina: BOMD `i14MERS 3 - OTHER PLIES; _ opinions 71. and am' a i l ; by BOARD OF a 0 WM DESCRIPTION Lot Twenty -Eight (28) anu North 30 feet of Lot Twenty -Seven (27) Block Ten (10) Hyde Park! LOT SIZE 70 x 130 John T. Bachand 5945 2nd Street N.E. Fridley, Minn. 55+32 A PLOT PLAN G Li Q t4 C)V)'r or- AT W-MA S CIVY - 2 "DL. / , /fir i,vi✓ "Z1� � 3 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, May 11, 1971 to consider the following matter: A request for a variance of Section 45.053, 4A, Fridley City Code, to reduce the front yard setback requirement from 35 feet to 29 feet to allow the construction of a 6 foot by 22 foot addition onto the front of the existing dwelling located on part of Lot 27 and 28, Block 10, Hyde Park Addition, the same being 5945 -2nd Street N.E., Fridley, Minnesota. (Request by Mr. John Bachand, 5945 -2nd Street N.E., Fridley, Minnesota). Anyone desiring to be heard with reference to the above request 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, May 11, 1971 to consider the following matter: A request for a variance of Section 45.053, 4A, Fridley City Code, to reduce the front yard setback requirement from 35 feet to 29 feet to allow the construction of a 6 foot by 22 foot addition onto the front of the existing dwelling located on part of Lot 27 and 28, Block 10, Hyde Park Addition, the same being 5945 -2nd Street N.E., Fridley, Minnesota. (Request by Mr. John Bachand, 5945 -2nd Street N.E., Fridley, Minnesota). Anyone desiring to be heard with reference to the above request may be heard at this meeting. ROBERT A. MINISH CHAIRMAN BOARD OF APPEALS The Minutes of the Board of Appeals Meeting of May 11. 1971 Page 2 THE CONSTRUCTION OF A 6 FOOT BY 22 FOOT ADDITION ONTO THE FRONT OF THE EXISTING D6JELLING LOCATED ON PART OF LOT 27 AND 28 BLOCK 10 HYDE PARK sTTrmw%ya qWV c®M' 'Rl?TNr_ 5945 -2ND STREET N.E.. FRIDWY_2 MINNESOTAI' -2ND STREET N Mr. Harju abstained from taking part on this request. Mr. Bachand was present to present the request. A plot plan was shown to the Board. Mr. Bachand explained this is basically an addition onto the living room which is presently 12 feet by 21 feet approximately. He added he can't add onto either side of the house because of the setbacks and to add onto the back of the house would just be enlarging the bedroom. The Board asked what setback the adjacent houses had and if he had notified the neighbors (other than the public hearing notice that was sent out) and if he had heard their feelings on the addition. Mr. Bachand stated the houses are all set back 35 feet and he had not talked to his adjacent neighbors about this variance. He added his one neighbor's garage is in between the two houses so the neighbor should not object to the addition. MOTION by Ahonen to table this request until the May 25, 1971 meeting,to allow the applicant to get written statements from both neighbors stating their feelings on the variance and to allow the Board time to view the property again. Seconded by Sondheimer. Upon a voice vote, there being no nays, the motion carried unanimously. 3. A REQUEST FOR A VARIANCE OF SECTION 45.053, 1B FRIDLEY CITY CODE. TO REDUCE THE MINIMUM LOT AREA REQUIRENWT FORA LOT ON A PLAT RECORDED BEFORE DECEMBER 29. 1955 FROM 7.500 SQUARE FEET TO 5®120 SQUARE FEET TO ALLOW THE �— -- .. m....... .... . r.n.n 7 /. r 1C 4T MY 9 -57TH AVENUE N 5 -5TH STREET N Mr. John Casserly and Mr. Allen Mattson of Rose Real Estate, were present to present the request. No survey or plot plan or house plan were shown to the Board. Mr. Casserly stated he had bought this property, which had a double bungalow on it, in 1959. He resided at this address until 1965 when the tornado took the house. Between the time of the tornado and the time of the settlement with the insurance company, Mr. Casserly bought another house which he now lives in. He has had this lot up for sale for three years but THE BOARD OF APPEALS MINUTES OF MAY 25, 1971 The meeting was called to order by Acting Chairman Ahonen at 7:35 P.M. MEMBERS PRESENT: Ahonen, Drigans, Harju, Sondheimer MEMBERS ABSENT: Minish OTHERS PRESENT: Al Bagstad-Building Official MOTION by Harju to approve the May 11, 1971 minutes as written. Seconded by Sondheimer. [Upon a voice vote, there being no nays, the motion carried unanimously. 1. A N.E., FRIDLEY, MINNESOTA.) Mr. Harju stated he was still abstaining from taking part on this request. Acting Chairman Ahonen stated this item was tabled at the May 11, 1971 meeting to allow the applicant time to get statements from the adjacent property owners stating their feelings on the variance. POTION by Drigans to remove this item from table for further consideration. Seconded by Sondheimer. Upon a voice vote, there being no nays, the motion passed. Mr. Bachand came forward and presented to the Board letters from both adjacent property owners, Mr. Terry Pease and Mrs. Elaine Preese, which stated they had no objections to the proposal. POTION by Sondheimer to receive the letters from the two property owners. Seconded by Drigans. Upon a voice vote, there being no nays, the motion passed. Mr. Drigans asked Mr. Bachand for a brief summary of the proposal as he was not present at the first meeting on this request. Mr. Bachand stated he would be adding an addition onto his living room as he needs the additional living space. He added he lives in one of four houses that were built at the same time and were all built with a 35 foot front yard setback. The rest of the dwellings in the area are not as uniform regarding the time they wee built, their size or their setbacks. Mr. Sondheimer asked Mr. Bagstad if there have been other variances granted concerning building turd the street. Mr. Bagstad answered that he knew of one dwelling on Main Street that had built toward the street but the adjacent houses were not in perfect alignment. The Board of Appeals Minutes of MM 25, 1971 Page 2 Mr. Drigans stated that in speculating, if this variance -Jas granted, the 2nd house down the block could have a 10 foot addition built on it and then the dwelling in the middle would be stuck in between the two. ON by Drigans to close the public hearing. Seconded by Sondheimer. Upon a voice vote, there being no nays, the motion passed. MOTION by Sondheimer to recomend to the Council denial of the request as this precedent creates a condition which might make it difficult to control applications for variances for similar situations. Seconded by Drigans. Upon a voice vote, Ahonen, Drigans and Sondheimer voting aye, the motion carried. Mr. John E. Casserly and Mr. Allen Mattson of Hose Real Estate were present to present the request. Acting Chairman Ahonen stated this item was tabled at the May 11, 1971 meeting to allow the applicant to contact the owners of the adjacent double bungalows and ask them if they would by willing to buy the land. MOTION by Drigans to remove this item from table. Seconded by Sondheimer. Upon a voice vote, there being no nays, the motion passed. Mr. Casserly came forward and stated Mr. Lindgren, owner of 5600 -6th Street, was present in the audience and he had contacted Mr. Charles Hansen, owner of 5606- 6th Street, and he was not interested in buying the land. The applicant did not have a site plan. Mr. Casserly continued he had measured from the foundation of the old house to the wall of Mr. Lindgren's double bungalow and it measured 25 feet. He then had measured from the foundation to the lot line and it was 12.6 feet. Mr. Bagstad asked Mr. Casserly if the proposed house would be in the some location as the old house? Mr. Casserly stated that Hose Real Estate is planning to build the house if this request is approved and he did not know to much about it except that it would be 24 feet by 40 feet. Mr. Sondheimer asked if there is a simple plot plan that the Board could look at? Mr. Mattson stated they don't have a buyer for this land yet so they don't know what type of house they will be building. If this request is approved and when they have a buyer then a plan will be drawn up that will meet all the City Codes concerning setbacks, etc. REGULAR COUNCIL MEETING OF JUNE 7, 1971 PAGE 16 MOTION by Councilman Harris to concur with the Board of Appeals and deny the request for a front yard variance by Mr. John Bachand. Seconded by Councilman Kelshaw. Councilman Liebl asked, what was the zoning. The City Engineer replied R-3. Mr. Bachand said that this is a proposed addition onto the front of his house for added living space. There have been variances made in this area on Main Street. There is a double bungalow and also a four plea on the corner, so it is not strictly speaking a single family dwelling area. There is a commercial area two blocks away on 3rd Street. Councilman Liebl asked how much room he had in his present house. Mr. Bachand replied it was 26' X 40' for 1040 square feet. The addition proposed is 6' X 22', and would be used as part of the living room. Councilman Liebl wanted it clearly understood that he is in the wrong zoning and if he were to expend money on his house, he may not get the full amount back if he were to sell. Mr. Bachand said that.it seemed the only argument used was, what if a neighbor down the street wanted to do the same thing? Councilman Liebl asked how many feet he is away from the next neighbor. Mr. Bachand said it was 40' from his house to the next neighbor. The City Engineer pointed out all the houses on the street are set back 351. Mr. Bachand said that he has discussed this with his neighbors and they had no objection. He brought letters stating so to the Board of Appeals Meeting. THE VOTE upon the motion for denial, being a voice vote, Kirkham, Harris, Kelshaw and Breider voting aye, Liebl voting nay, Mayor Kirkham declared the motion carried. A REQUEST FOR A VARIANCE OF SECTION 45.053, 1B, FRIDLEY CITY CODE, TO REDUCE THE MINIMUM LOT AREA REQUIREMENT FOR A LOT ON A PLAT RECORDED BEFORE DECEMBER 29, 1955 FROM 7,500 SQUARE FEET_ TO 51120 SQUARE FEBT_TO ALLOW THE CONSTRUCTION OF A DWELLING ON THE WEST 64 FEET OF LOTS 14 & 15, BLOCK 2, HAMILTON'S ADDITION TO ME21MICSVILLE, THE SAME BEING 527 56TH AVENUE N.E., FRIDLEY, MINNESOTA. (REQUEST BY MR. JOHN E. CASSERLY, 5965 STH STREET NE., FRIDLEY, MINNESOTA 55421): — The City Engineer reported that this .variance request is to reduce the area requirements on an undersized lot from 7500 square feet to 5120 square feet. This has been before the Council before. He then handed out maps of the lot. In Block 2 there are seven lots with four double bungalows on -them. The house was set on the westerly half of Lots 14 and 15. Councilman Liebl asked if the Board of Appeals did not ask him to supply a survey. The house would be very close to the double bungalow to the east. Is there a possibility of the owner of the double bungalow buying the lot? Mr. Casserly said that he had talked to him and given him a price, but there have been no concrete results. Councilman Liebl said that he would have to agree with Board Member Drigans where he explains that in this case there are extenuating cir- cumstances. Mr. Casserly had trouble with his insurance company After the tornado. He is now trying.to recover some of his money from the lot. Mr. Casserly said that he had measured and from the edge of his old house.to the lot line there would be 121. He. contacted a survey company a week ago and they said they would be out in about three weeks. It would cost about $150.00. Councilman Liebl feltthaat the owner of the double bungalow would buy the other half of the lots with no trp le. If he does not Mr. Casserly h#S the REGULAR COUNCIL MEETING OF JUNE 7, 1971 PAGE 15 i k Matterhorn Drive but the town house traffic was to go east to Silver Lake Road on an easement they were to get from New Brighton. The City Engineer said the agreement was that no building was to be occupied prior to completion of the roadway. There was a bond required when a building permit is issued to cover their building a road to Silver Lake Road for access to that area. The road will be opened when any part of the apartment portion of the complex is com- pleted. Councilman Kelshaw felt that there was a misunderstanding. He thought the traffic from the town houses was oriented to the east and not Matterhorn Drive. The City Engineer said that access would be open both ways when the project -'is developed. Councilman Harris said that this was not the way it was discussed with them. The road to the east was for town houses. Councilman Kelshaw asked if they had gotten the access from New Brighton yet. The City Engineer said no. Councilman Kelshaw asked what would happen if they bould not get access. The City Engineer said that New Brighton could not stop them as they have property abutting Silver Lake Road. NOTE: The next items Highland Developement`Company request for a building permit for an apartment -building was discussed under the Planning Commission Minutes. CONSIDERATION OF A REgUEST TO REMODEL A GAS STATION LOCATED ON LOT 20, AUDITOR'S SUBDIVISION #103, THE SAME BEING 8253 EAST RIVER ROAD, FRIDLEY, MINNESOTA. (REQUEST BY METRO "500", 4071 LAKELAND AVENUE NORTH, MINNEAPOLIS, MINNESOTA 55422). THEY ARE JUST REPAIRING AND UPGRADING THE EXISTING PROPERTY, BUT WANTED THE CITY TO BE AWARE OF THESE PROPOSED CHANGES: The City Engineer reported that the Metro "500" people have reviewed the list of things that need to be done and agree, MOTION by Councilman Breider to approve the remodeling project by metro "500" subject to the stipulations of the Building Board. Seconded by Councilman Harris. Upon a voice vote, all ayes, Mayor.Kirkham. declared the motion carried unanimously. MOTION by Councilman Kelshaw to receive the Minutes of the Building Standards Design Control Meeting of May 20, 1971. Seconded by Councilman Liebl. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. RECEIVING THE MINUTES OF THE BOARD OF APPEALS MEETING OF MAY 25, 1971: A REQUEST FOR A VARIANCE OF SECTION 45.053,_4A, F'RIDLEY CITY CODE, TO REDUCE The City Engineer reported that this is a front yard variance request and the Board of Appeals recommended denial. Their reason was that approving this v variance would be settinq a pk idence•,.4n this street.