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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