VAR 04.69APPLICATION TO THE BOARD OF APPEALS AND CITY COUNCIL
FOR SPECIAL USE PERMIT, VARIANCE IN REQUIREIMENTS OF
CERTAIN ORDINANCES OF THE CITY OF FlAIDLEY
(Applicant to complete items 1, 2., 3)_-�
1. Name and Address of Applicant
����v- I - A
ALL -
2. Legal Description of Property (also general location, such as, -"north-
east corner of 64th Avenue and Sth Streetn or 6415 Fifth Street',)
RP
47"
DOOCTibe the variance requested. (Attach Plat or
showing location off. Proposed building, etc., 9180
and ownership within 200' of said property.)
4. Coments by administrative official denying orisival Twiesi-, Zar building
permit or other permit. (To be completed by adminiazzative ici le
Appropriate ordinances and section of ordinance@ to be
2
Notice of Hearing appeared in Official Newspaper on they following
dates:
(=at Seat P effis
attached), t once l days before meet ng o.. copy notice to
attached).
6. Romrd Members i ctified of meeting bye 1.�
( st M ers, Date Notified, and t0�es00 �eN "for plana to attend
bearing), A
NamDat Plan t�esnd
-ottelstadt Yes
Bob Minish Yes
'. %% Following Board Members and interested parties were prement at the
Rearing:
BRAID M ERS
® 3
OTHER PARTIESm
ADDRESS
9, Optni®laa e®d raco=endations by BCS OF APPEALS*-
Mn'1'jojI� he r' c I don't think that our decision
on this variance is whether the foundation if buildable or not. The
o lust huildiUe
a e.
the reasons for granting the variance are al follows; age.
2. This would be
an improvement 6o the property. /� bP Haid if
3��../f 7.LLp •�+�TpTPn��'l.l C]�.r.�ia�saAt�.. .6 AAP � i 7� 7�Ot P �1� �14
correct building methods were used in installing the sewer line.
l d insDect
RPf'c�rP 1-hP �Prmif i � M
--., the garage as to the soundness of the garage.
10, yor above pacezma 6ati s
g. Action by City Ccrinsil and Date:
A einat Recamendations
I
4.
THE MINUTES OF THE BOARD OF APPEALS MEETING OF APRIL 30, 1969
The meeting was called to order by Chairman Mittelstadt at 7:31 P.M.
MEMBERS PRESENT: Mittelstadt, Minish, Ahonen, O'Bannon, Harris
OTHERS PRESENT: Hank Muhich-Building Official
NATION by Ahonen to approve the minutes of April 16, 1969 as written.
Seconded by Minish. Upon a voice vote, there being no nays, the motion carried
unanimously.
1. A REQUEST FOR A 4 FOOT VARIANCE OF SECTION 45.27 TO REDUCE THE A
OF A DWELLING ON THE NORTH J OF LOT 5, AUDITOR_'
N.E., FRIDLEY, MINNESOTA. R&UUEST BY
NNEAPOLIS. MINNESOTA).
Mr. Tom Marxen was present to present his request. He brought with him a survey
of the lot showing the placement of the house on the lot.
It was brought up that there is a zoning and street layout study before the
Planning Commission at this time that will effect this whole area inoludino,
the back part of Lot 5. This study if passed on, will rezone _ the back
2/3rds of Lot 5 from R-1 to R -3A. It will not effect the front part of the
lot where Mr. Marxen plans to build his home. The part of the lot where the
house is to be will remain R-1 zoning.
Mr. Marxen was asked if he had talked to his neighbor about his.request for
a variance. He said he had not talked to him as he has not been up to the lot
for a couple of months. He was asked if he thought his neighbor would object.
He answered he really didn't know.
There is no house on Lot 6 to the East of this property. The house of Lot 4
was moved in before the Code was in force and that is why they have a setback
of 48 feet. V.
MOTION by Minish to close the public hearing.
Seconded by Harris. Upon a voice vote, there being no nays, the motion carried
unanimously.
Mr. Minish: In your opinion Mr. Chairman, is this something that would have
had to come before this Board.
Chairman Mittelstadt: In my opinion it would not have had to.
MOTION by Minish to grant the variance for the following reasons;
1. There is only one other dwelling adjacent to this lot.
2. There are no objections from that owner to this request.
3. This does not appear to be a substantial variance in view of the 6 fQgt
leeway allowed by the Ordinance.
Seconded by Harris. Upon a voice vote, there being no nays, the motion
carried unanimously.
W
Board of Agoals minutes of April 30, 1969 2
2.
Mr. & Mrs. Courtney Schuur were present to present their request.
Pictures, of the existing garage and house, t1aat were takeArrby=theAButldi
Inspector, were shown to the Board.
Mr. Schuur explained to the Board that hecwants to build on top of the
existing garage, a room the same size as the garage. The addition would have
a value of about $2,500, which is less than 2% of the value of the existing
structure.
Chairman. Mittelstadt: Mr. Schuur is in compliance with the U.B.C. Code, and
does not need a variance. If.the garage in cracked and unsound to build on
then this would be a different matter. Is thAre any question in the Building
Department that this garage might be unsound to build on?
Mr. Muhioh: Yes there is.
Chairman Mittelstadt: We are talking about the outside perimeter of the
structure which is already 5u feet from the lot line so in my opinion thsY
do not need a variance.
Mr. Minish and Mr. O'Bannon agree that this is nonconforming to our present
code and does need a variance.
MOTION by O'Bannon to close the public hearing.
Seconded by Ahonen. 'Upon a voice vote, there being no nays, the, motion
carried unanimously.
MOTION by Minish to grant the variance. I don't think that our decision on
this variance is whether the foundation is buildable or not. The garage is
already there and they are just building on top of the garage. The reasons
for granting the variance are as follows;
1. It would be a hardship if they were not allowed to build on this garage,
2. This would be an improvement to the property.
3. The compensation paid by the City would not have had to be paid if correct
building methods were used in installing the sewer line.
Seconded by O'Bannon. Upon a voice vote, there being no nays, the motion
carried unanimously.
Before the permit is issued the Building Inspector should inspect the garage
ail to the soundness of the garage.
Y
Board of Appeals minutes of =il 30, 1969 Page 3
3•
4•
Mr. Davis was present to present his request.
A picture taken by the Building Inspector, of the structure, was shown to the
Board.
MOTION by Ahouen to receive letters from Mr. Davis' two ad3acentineig'hbors,
Mr. Leslie Miller and Mr. Leonard Larson. The letters stated that they did
not objeot,to Mr. Davis converting an existing summer porch into a year-ro=4
habitable sitting room.
Seconded by Harris. Upon a voice vote, there being no nays, the motion carzied*
unanimously.
Mr. Davis is converting a room which is classified non -livable into a livable
room. He is actually asking for a variance to reduce the side yard requirement
for a livable room from 10 feet to 5 feet.
MOTION by Harris to close the public hearing.
Seconded by Minish. Upon a voice vote, there being no nays, the motion
carried unanimously.
MOTION by Harris to grant the variance as;
1. There is no opposition from ajoining neighbors, in fact they approved.
2. Mr. Davis is just upgrading an existing structure on his property.
Seconded by O'Bannon. Upon a voice vote, there being no nays0>the motion
carried unanimously.
t
Mr. Bob Barta.was present to present the request.
MOTION by O'Bannon to receive a letter from Mr. Don Jacobson, 1371 -53rd Avenue,
the neighbor to the West of Mr. Barta's property, stating that he does not
object to the garage being built.
Seconded by Minish. Upon a voice vote, there being no nays, the motion carried
unanimously.
A,
u
Boawd of Appeals minutes of April 30, 1969 Page 4
Mr. Barter stated that he wanted to go forward so he could get in a 24 foot
garage without having to cover up the side kitchen window and also the elevation
drop is so extreme that it would make building a garage prohibitively expensive.
MOTION by O'Bannon to close the public hearing.
Seconded by Harris. Upon a voice vote, there being no nays, the motion passed.
MOTION by O'Bannon to grant the variances as;
1. It's a hardship as without a double garage the resale value is low.
2. There is no objections from the adjacent neighbor on Lot 15, Block 2.
3. If the variance was not granted he would have to take out the kitchen
window and lose the view.
Seconded.by Ahonen. Upon a voice vote, there being no nays, the motion carred
unanimously.
ATWOBRNMENT :
Chairman Mittelstadt adjourned the meeting at 9:49 P.M.
Respectfully submitted,
Ag 1 -
MARY
Secretary
j
Parcel No. 9A
Torrens
A temporary casement for storm sewer
and utility purposes
over a part of the following described paircel:
Lot 1, Block 11, Plymouth, City of Fridley,
Minnesota.
Said easement is described as a temporary construction easement des-
cribed as the North 25 feet of Loi. 1, Block 11,
Plymouth, City of
Fridley, Minnesota.
PARTIES.
INTEREST KIITAgry
Carlson
Fee.
G. Arnold
Maybelle Carlson, his wife
Dower
3034 Harding Street Northeast:
Minneapolis, Minnesota
Minneapolis Federal Savings and Loan Assoc.
Mortgage
85 South 8thStreet
Minneapolis, Minnesota
Ranko Schuur
Contract for deed
Icena Schuur, his wife
Contract for deed
401 Mississippi Street
Fridley, Minnesota
Courtney R..Schuur
Contract for deed
Joanne Schuur
Contract for deed
4656'- 2k Street Northeast
Minneapolis, Minnesota
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 Chambers of the City Hall at 7:30 P.M. on
Wednesday, April 30, 1969, to consider the following matter:
Courtney R. Schuur requests a 12 foot
sideyard, corner lot, variance of Section
45.24 from 11 feet to 51 feet on Lots 1 & 2,
Block 11, Plymouth Addition, the same being
4656-21 Street N.E., Fridley, Minnesota.
(Under U.B.C. Section 104 (d) "Any addition
not exceeding 25% of the value of the
structure shall comply with all building
codes.")
Anyone desiring to be heard with reference to the above matter may
be heard at this meeting.
DONALD MITTELSTADT
CHAIRMAN
BOARD OF APPEALS
PUBLISH: April 16, 1969
tt, n r e
��% �P y c
eY'YP,js� �O d R' �% �C 4 C t� /
�v�o`� tip ,exc�v a�i'® �J cL %��s�•'
e s "t� ��� �'®�si��P�y�
Sr1ruC
Oy W V S C -u �7��%°/ S ��P d 4 y
5 7io -Y w► 5 e Lae �- 9 7�!',! 'a sir' !` in
jolficiat Publication)
OFFICtAI
NOTICE
CITY OF FRIDLEY
PUBLIC HEARING BEFORE THE
BOARD OF APPEALS
'IT MAY CONCERN -
TQWHOMNOTICE ISHE r+ City of FridTHAT ley
Board of Appeals of the
will meet in Council Chambers of tiiE
City all at, 9:30 P•m• on Wednesday r
me g"3ahuur requests a 12tfob
i "M ark. corner lot. variance d Sectio
. smf Lot
Minnesota. Under U. �.: OI the
..Anv addition not exl comely with'
value of the Am
allbuilding codes-- '� heard _wjtli' refer-
'Auvpne. desiring be heard
eaee -to the -above matter may
at this meeting. DONALD MMTJ START
Chairman. Board of APPeals
i Avrilt& 1989 i—TC-
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 Chambers of the City Hall at 7:30 P.M. on
Wednesday, April 30, 1969, to consider the following matter:
Courtney R. Schuur requests a 12 foot
sideyard, corner lot, variance of Section
45.24 from 171 feet to 51 feet on Lots 1 & 2,
Block 11, Plymouth Addition, the same being
4656-21 Street N.E., Fridley, Minnesota.
(Under U.B.C. Section 104 (d) "Any addition
not exceeding 25% of the value of the
structure shall comply with all building
codes.")
Anyone desiring to be heard with reference to the above matter may
be heard at this meeting.
DONALD MITTELSTADT
CHAIRMAN
BOARD OF APPEALS
PUBLISH: April 16, 1969