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VAR 06.68APPLICATION TO THE.BOARD OF APPEALS AND CITY COUNCIL FOR SPECIAL USE PERMtT,.VARIANCE IN REQUIREMENTS OF CERTAIN ORDINANCES OF THE CITY OF FRIDLEY (Applicant to complete items 1, 2, 3) t 1. Name and Address of Applicant c®�5- 2. Legal Description of Property (also general location, such ass"north- east corner of 64th Avenue and 5th Street" or 640 Fifth Street'') Q / -i tfe-:;f -7 1. V", ?�rvac /,d -,-Ae a�l 8,Aj— 6 0 .1 3, Describe the variance requested. (Attach Piat or Survey of Property showing location of proposed building, etc., also adjoining properties and ownership within 200' of said property:) 4. Comments by administrative official denying original request for building permit or other permit. (To be completed by administrative official. Appropriate ordinances and section of ordinances to be cited.) • a - 2 - 5. Notice of Hearing appeared in ffic1 1 Newspaper on the following dates: (� 9% G (must be af 1e st once 10 da s bef re meeting -- copy of notice to be attached). / 6. Board Members notified of meeting by !� (List Members, Date Notified, and "Yes" or "No" for lana to attend hearing). a Name Date Plan to Attend 7. Person making appeal and the folloying property owners having property within 200' notified: eA��Vva 6/q/� By Phone Notified by Name Date or Mail (Initial) 8. The Following Board Members and interested parties were present at the Hearing; BOARD MEMBERS - 3 - OTHER PARTIES: NAME 9. Opinions and recommendations by BOARD OF APPEALS: 10. For Above Recommendations 11. Action by City Council and Date: ADDRESS Against Recommendations rka.vjA s E14 f l wvAar e - M E M O R A N D U M July 12, 1968 MEMO TO: Mr. Clarence Belisle Building Inspector MEMO FROM: Mr. Virgil C. Herrick City Attorney SUBJECT: Variance request by Kenneth Heitkamp, 6025 22 Street Northeast, Fridley, Minnesota I have reviewed the minutes of the Board of Appeals regarding the requested variance on the above property. Based on our previous conversation, I am of the opinion that the proposed construction would be in violation of Section 45.29 of the City Code. However, it is my opinion that in requesting a variance for this construction, the applicant requested the Board of Appeals to waive all ordinance requirements that would be inconsistent with the construction. Inasmuch as the Board of Appeals was aware of the provisions of Section 45.29 and clid make a motion to approve the variance, it is my conclusions that they must have intended to waive this provision as well as Section 45.24. Therefore, it is my opinion that you may issue a building permit to the applicant. 10 b OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE BOARD OF APPEALS 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 Tuesday, July 2, 1968, to consider the following matter: A.request for a variance of Section 45.23 (b) from 5 feet to 3 feet of side yard to allow construction of an attached double garage on Lots 21 and 22, except the North 10 feet thereof, Block 6, Hyde Park, the same being 6025 22 Street Northeast, Fridley, Minnesota. (Request by Kenneth Heilkamp, 6025 22 Street Northeast, Fridley, Minnesota 55421) Anyone desiring to be heard with reference to the above matter may be heard at this meeting. ROBERT E. YLINEN CHAIRMAN BOARD OF APPEALS PUBLISH: June 19, 1968 June 26, 1968 OFFICIAL NOTICE CITY OF FRIDLEY 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 Tuesday, July 2, 1968, to consider the following matter: A request for a variance of Section 45.23 (b) from 5 feet to 3 feet of side yard to allow construction of an attached double garage on Lots 21 and 22, except the North 10 feet thereof, Block 6, Hyde Park, the same being 6025 22 Street Northeast, Fridley, Minnesota. (Request by Kenneth Heilkamp, 6025 22 Street Northeast, Fridley, Minnesota 55421) Anyone desiring to be heard with reference to the above matter may be heard at this meeting. ROBERT E. YLINEN CHAIRMAN BOARD OF APPEALS PUBLISH: June 19, 1968 June 26, 1968 p.m. on wuesa y, to consider the ol• for(' variance o! �! ode) .:d to8111Ov0 m of an attached 'age on Lots 21 and the North 10 feet lock8. Hyde Park being 8028 21sT Street YLTNEN (June 19, 28,1988)—TC I \1 (Official Publication) ppFFICIAL NOTICE t,lTY 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 Tuesdaay, :July 2.:1968, to consider the lowing matter: A request for a variance of Section 45.23 (b( from 5 feet to.3 feet of side yard to allow construction of an attached {' double garage on Lots 21 and 22, except the North to feet thereof, Block 6. Hyde Park. the same being 6025 21a Street No-theast, Fridley. Minnesota. (Request by Kenneth _ Hell= I kamp, 6025 21z Street North. east, Fridley. Minnesota 554211 (Anyone desiring to be heard with reference to the above matter may he heard at this meeting. i ROBERT E. YLINEN CHAIR AN BOARD OF APPEALS (June 19. 26, 19 I—TC-2A BOARD OF APPEALS - JULY 2, 1968 PAGE 2 2. REQUEST FOR A VARIANCE OF SECTION 45.24 FROM 5 FEET TO 3 FEET OF SIDEYARD TO ALLOW CONSTRTTCTTON OT+' AN ATTAC:TUIM T)C)TTRT,F C-ARA('P. ()N T,C)Pq 91 ANTI 99 PYC!PPT rPTTP. T\TOT?PTT Ill FEEL' Mr. Kenneth Heilkamp spoke on his own behalf. MOTION by O'Bannon to close the Public Hearing. Seconded by Minish. Upon a voice vote, there being no nays, the motion carried unanimously. MOTION by Minish to grant the variance on condition that: 1. Before a permit is issued an opinion be obtained from the City Attorney to -wit: the proposed structure is not in violation of Section 45.29, and 2. That a survey be furnished by the property owner locating the existing and proposed structures on the lot and the adjacent lot to the South. Seconded by Ahonen. Upon a voice vote, there being no nays, the motion carried unanimously. 3. REQUEST FOR A VARIANCE TO THE SIGN ORDINANCE SECTION 56.08 (2,c) FROM 1184.00 FEET TO 1776.00 SQUARE FEETAPPROXIMATELY) FOR THE SIGN LOCATED ON THE BUILD LOT 1 BLOCK 1 COMMERCE PARK THE SAME BEING THE SOUTHWEST CORNER OF UNIVERS AVENUE AND OSBORNE ROAD OR 7600 UNIVERSITY AVENUE FRIDLEY MINNESOTA. REQ WESTERN OIL AND FUEL, 1400 LILAC DRIVE, MINNEAPOLIS. MINNESOTA 55416 M Mr. Lindgren, Mrs Campbell and Mr. Schwartzbauer spoke on behalf of Western Oil Co. MOTION by Minish to close the Public Hearing. Seconded by Ahonen. Upon a voice vote, there being no nays, the motion carried unanimously. MOTION by Ahonen to grant the variance for the following reasons: 1. The proposed sign becomes an integral part of the building design and that only the letters shall be considered the signs 2. That all four sides of the building are to be considered as the fronto 3. Considering Paragraphs 1 and 2 of this motion, the proposed lettering on the building is under 1184 square feet allowed under this Ordinance 56.08 (2,c), and granting the variance of 1776 square feet would include the rotating Pylon sign. 4. The 4' X 10' price poster signs would be eliminated. BOARD OF APPEALS - JULY 2, 1968 PAGE 3 Seconded by Minish. Upon a voice vote, there being noInays, the motion carried unanimously. The Meeting was adjourned. Respectfully submitted, JOHN BREHER Building Official THE MINUTES OF THE BOARD OF APPEALS MEETING OF JULY 2, 1968 The Meeting was called to order by Acting Chairman Mittelstadt. MEMBERS PRESENT. Mittelstadt, Ahonen, Minish, O'Bannon MEMBERS ABSENT. Ylinen OTHERS PRESENT. Clarence Belisle -Bldg. Inspector, John. Breher-Bldg. Official MOTION by Ahonen to accept the Minutes of the June 26, 1968, Board of Appeals Meeting. Seconded by O'Bannon. Upon a voice vote, there being no nays, the motion carried unanimously. 1. REQUEST FOR A VARIANCE OF SECTION 45.23 FOR ELIMINATION OF SIDEYARD REQUIREMENT TO PERMIT CONSTRUCTION OF A DOUBLE GARAGE UP TO THE LOT LINE BECAUSE OF THE LANDSCAPE OF THE EXISTING PROPERTY ON LOT 4, BLOCK 1 MEADOWMOORE TERRACE THE SA14E SING 66 ARTHUR STREET N.E.FRIDLEY MINNESOTA. REQUEST BY BERNARD H. 7664 ARTHUR STREET N.E., FRIDLEY. MINNESOTA 55432 Mr. Becker spoke on his own behalf. MOTION by Minish to close the Public Hearing. Seconded by Ahonen. Upon a voice vote, there being no. gays, the motion carried unanimously. MOTION by Minish to grant the variance for the following reasons. 1. The existing grade makes it almost impossible for an automobile to climb this grade from a detached garage. 2. Mr. Framk Thimmesch, 7676 Arthur Street N.E., who owns the adjacent property to the North, and who is most affected by the proposed addition to the existing structure owned by Mr. Becker, has given his written consent to the addition. 3. The approximate distance between the proposed addition on Lot 4, Block 1, and the existing structure on Lot 3, Block 1, Meadowmoor Terrace, will be not less than 15 feet providing the proposed addition remains on Lot 4, Block 1, Meadowmoor Terrace, and 4. Mr. Bernard Becker furnish a survey that will show the location of the existing structure on Lot 4, Block 1, Meadowmoor Terrace, from the property line of Lot 4. Seconded by O'Bannon. Upon a voice vote, there being no nays, the motion carried unanimously.