VAR 07.69Date: July 24, 1969
APPLICATION TO THE BOARD OF APPEALS AND CITY COUNCIL
FOR SPECIAL USE PERMIT, VARIANCE IN REQUIREMENTS OF
CERTAIN ORDINANCES OF THE CITY OF FRIDLEY
(Applicant to complete items 1, 2, 3)
1. Name. and Address of Applicant Mr. Robert L. Olson
5614 -5th Street N.E.
3618 McKinley Street N.E. (Present Home)
2. Legal Description of Property (also general location, such as;"north-
east corner of 64th Avenue and 5th Streetf° or 6415 Fifth Street")
Lots 7 & K 8, Block 3, Hamilton's Addition to Mechanicsville
5614th Street N.E., Fridley Minnesota
3. Describe the variance requested. (Attach Plat or Survey of Property
showing location of proposed building, etc., also adjoining properties
and ownership within 200' of said property.)
10 feet to 5 feet to allog the construction of an addition onto grgsp3it
home.
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.)
-2-
5. Notice of Hearing appeared -in Official Newspaper on the following
dates;_ _July 30, 1969
(must be at least once 10 days before meeting -- copy of notice to be
attached).
6. Board Members notified of meeting by August 11, 1969
(List Members, Date Notified, and "Yes" or "No" for plans to attend
hearing).
Name Date Plan to Attend
-Donald Mi ttelstadt
Bob Minish
Bob Ahonen
D • c:k Harris
Mike O'Bannon
7. Person making appeal and the following property owners having property
within 200' notified:
By Phone Notified by
Name Date or Mail (Initial)
8. The Following Board Members and interested parties were present at the
Hearing:
BOARD MEMBERS
Mr. Raymond Gullickson
5648 -5th
Street
N.E.
E. Paul Willingham
5638 -5th
Street
N.E.
Ronald Sanetra
5626 -5th
Street
N.E.
Edward Dupay
5618 -5th
Street
N.E.
Magdalen Adelmann
5612 -5th
Street
N.E.
Richard Gucinski
5608 -5th
Street
N.E.
Melvin Burton
5604 -5th
Street
N.E.
David Abrams
5659 -5th
Street
Alvin Schnobrich
5649 -5th
Street
N.E.
John Osterloh
5639 -5th
Street
N.E.
Joseph Schuur
5629 -5th
Street
N.E.
Raymond E. grams
5625 -5th
Street
N.E.
Beverly I Poff
5617 -5th
Street
N.E.
Gary Cheney
5609 -5th
Street
N.E.
Edward Hanscom
5641 -4th
Street
N.E.
John Brandell
5617 -4th
Street
N.E.
Walter Johnson
5643 -4th
Street
N.E.
Richard Johnson „
5615 -4th
Street
N.E.
William Huge
5613 -4th
Street
N.E.
Central Dental LalForatory
5601 -4th
Street
N.E.
- 3 -
NAME
9. Opinions and recommendations by BOARD OF APPEALS:
ADDRESS
10. For Above Recommendations Against Recommendations
11. Action by City Council and Date:
M,
PETITION
TO THE BOARD OF APPEALS:
WE, THE UNDERSIGNED, residents and home
owners have moved to Fridley to
have and enjoy large lots with separation from our neighbors. We have paid for
these conditions and continue to pay for them
in larger streets, sewer, curbing
and other assessments.
We desire that our neighborhood not be
permitted to deteriorate, but rather
be improved, if possible.
We object to the granting of the variance
requested by Robert Olson at
5611.E 5th Street N. E. to allow the extension
of his living quarters to beyond
the limit of 10 feet from the lot line.
NAME
ADDRESS
s
L Mgjr/./wmlm
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THE MINUTES OF THE BOARD OF APPEALS MEETING OF AUGUST 27, 1969
The meeting was called to order by Chairman Mittelstadt at 7:31 P.M.
MEMBERS PRESENT: Mittelstadt, Minish, Harris, O'Bannon, Ahonen
OTHERS PRESENT: Clarence Belisle -Building Inspector and Hank Muhich-Building
Official
MOTION by Ahonen to approve the minutes of the August 13, 1969 meeting as
written.
Seconded by Harris. Upon a voice vote, all voting aye, the motion carried
unanimously.
1. A REQUEST FOR A VARIANCE OF SECTION 45.23 TO REDUCE THE SIDEYARD REQUIREMENT
FROM 10 FEET TO 5 FEET TO PERMIT THE CONSTRUCTION OF AN ADDITION TO AN EXISTING
HOUSE LOCATED ON LOTS 7 AND 8, BLOCK 3, HAMILTON'S ADDITION TO MECHANICSVILLE,
TAE SAME BEING 5614 -5TH STREET N.E., FRIDLEY, MINNESOTA. (REQUEST BY MR. ROBERT
MOTION by O'Bannon to remove the item from table.
Seconded by Harris. Upon a voice vote, there being no nays, the motion carried
unanimously.
Chairman Mittelstadt explained to the audience what took place at the last
meeting, August 13, 1969, and that the Board had tabled the item to allow Mr.
Olson time to consult with his builder for the reason of drawing up alternate
plans that would come closer to the City Code sideyard requirement. He then
asked Mr. Olson if he had brought such plans with him.
Mr. Darrel Durand, Route #3, Stillwater, builder for Mr. Olson, explained to the
Board the alternate methods Mr. Olson and himself had gone over and the
difficulties they had encountered with each alternate plan. He also stated the
reasons why the original plan would add the most to the appearance of the home
and would give the Olson family adequate living space. He also said the cost
of other alternate plans would be a great deal higher due to the work involved
than this one. The proposed addition is 15 feet by 26 feet and will be added
onto the South end of the house making the home a total of 45 feet by 26 feet.
The addition would consist of a living room with bedrooms above.
Mr. William Keefer, 2408 Central Avenue, attorney representing Mr. Olson, stated,
Mr. Olson was living in a home in Minneapolis, but has had to sell as his family
was outgrowing the home and at this time he could not afford to build onto it.
Mr. Olson explained to the Board that he has his wife, 5 children (4 boys and a
girl) and his brother-in-law living with him at the present time.
Mr. Keefer continued that Mr. Olson went ahead with the closing costs, on the
Minneapolis home and gave his tenants a 30 day notice at 5614 -5th Street as his
family wanted to move back to Fridley. Mr. Olson thought he would be allowed
to enlarge this home as he had received Mrs. Adelmann's approval for the addition.
This is a small 2 bedroom house that is almost 20 years old. The Olson's are
planning on bringing this home up to date by stuccoing the house and the garage
and refurnishing the inside. He stated further that Mr. Olson is in a rather
awkward position at this time.
11
Minutes of the Board of Aupeals meeting of August 27. 1969 Page 2
Mr. Speakman, 118 East Main, Anoka, attorney representing Mrs. Adelmann, stated,
he had brought with him a petition, against the requested variance, signed by
14 property owners (Note; 6 were within 200 feet of the property in question.)
and included in the names are the people living directly across the street. He
presented this petition to the Board along with pictures that showed the lot line
and where the proposed addition would be. He further explained that Mrs. and Miss.
Adelmann had just gotten home from vacation and were rushed when Mr. Olson came
over asking for their approval for the addition. They did not take time to
think about what Mr. Olson was planning on building and signed the "no objection"
letter but they have since thought about it and have changed their minds. Also, the
Easterly window on the proposed addition will look directly into Mrs. Adlemann's
bedroom window.
Mr. Olson stated that he had asked, at the last meeting, if a petition would do
him any good and the Board had said it would have no bearing. Otherwise, he to
would have passed one around.
Chairman Mittelstadt informed the applicant that the Board would take that into
consideration.
MOTION by Minish to accept the petition, against the requested variance, presented
to the Board by Mr. Speakman.
Seconded by Ahonen. Upon a voice vote, all voting aye, the motion carried
unanimously.
Mr. Gary Cheney, 5609 -5th Street. He could see no reason as to why Mr. Olson
should not be allowed the variance as in driving around the neighborhood there
is an equal number of homes that are 5 feet away from the lot line and homes
that are 10 feet away from the lot line. In fact 4 people on the petition have
their houses within 5 feet of the lot line.
Mr. Younglove, 5545 -5th Street. What are the requirements of the City Code
concerning sideyards?
Chairman Mittelstadt explained the City Code requirements on sideyards and also
the requirements of space between structures.
Mr. Younglove wasin favor of those requirements and he didn't feel that the City
should allow houses to vary in those requirements even though some houses are
closer to the lot line than the City Code permits.
Mrs. Walter Johnson, 5643 -4th Street. Our objection to breaking the City Code
is that we have a house to the South of us that is in a condition where it will
have to be torn down in the near future. We will not want them to ask for a
sideyard variance when a new house is built there. If we let them (Olson's)
vary the sideyard requirement we will be setting the neighborhood precedent,
and anyone can come in and ask for a variance can't they?
Chairman Mittelstadt explained everyone has the right to come before the
different Boards of the City to ask for variances of the City Code requirements.
0
Minutes of the Board of Appeals meeting of August 27, 1969 Page 3
Upon a request from the audience, Chairman Mittelstadt explained the plans for the
proposed addition.
Mr. Durand then explained in more detail the plans to Mrs. Adelmann and the reason
why they -want the plans the way they are and the reasons against other alternatives.
Mr. Burton, 5604 -5th Street, asked if the City Code had any restrictions on how
many people can sleep in a bedroom.
Chairman Mittelstadt answered that there is no such restriction in the City Code.
Mrs. Adelmann: If he is going to enlarge his house, he will be taking away from
his yard and then where will his kids play. They will be on our yard. I think
he should put up a fence the whole length of his lot line between the two houses.
Mr. Olson: I do intend to fence in the back yard.
Mr. Harris: Is there anyway the two principle parties could compromise.
Mr. Olson: I would be willing to cut down the addition from 15 feet to 12.5 feet.
The drawing submitted would be the same except the 2.5 foot closet area between
the present home and the proposed addition would be eliminated. Also, the
Easterly window, facing Mrs. Adlemann's home will be changed and will be placed
further West so it won't be directly across from their bedroom window.
Mrs. Adlemann did not approve this compromise. She still felt the Code should
be upheld.
MOTION by O'Bannon to close the public hearing.
Seconded by Minish. Upon a voice vote, there being no nays, the motion carried
unanimously.
Mr. Minish: I move to grantkthe variance from 10 feet to 7.5 feet to permit the
construction of the addition as shown on the drawing submitted to the Board but
modified to eliminate the 2.5 feet of closet space and also with the stipulation
that the Southeasterly window on the proposed addition be changed so as not to
be directly across from the A delmann's bedroom window.
Seconded by O'Bannon. Upon a voice vote, there being no nays, the motion carried
unanimously.
ADJOURNEr1NT :
The meeting was adjourned at 8:40 P.M. by Chairman Mittelstadt.
Respectfully submitted,
MARY HINT
Secretary
TRE MINUTES OF THE BOARD OF APPEALS MEETING OF AUGUST 13, 1969
The meeting was called to order by Chairman Mittelstadt at 7:25 P.M.
MEMEERS PRESENT: Mittelstadt, Minish, Harris, O'Bannon, Ahonen
OTHERS PRESENT: Clarence Belisle, Building Inspector
MOTION by Ahonen to approve the minutes of the July 30, 1969 meeting as written.
Seconded by O'Bannon. Upon a voice vote, all voting aye, the motion carried
unanimously.
1. A REQUEST FOR A VARIANCE OF SECTION 45.23 TO REDUCE THE SIDEYARD REQUIREMENT
MIM 1® FEET TO 5 FEET TO PERMIT TME CON=CTIQN OF AN ADDITION TO EXISTING
HOUSE LOUM12 ON LOTS 7 & 8. BLOCK 3. HAMILTON'S ADDITION TO MECHANICSVILLE.
THE SAM BEING 5614-53H STREET N.E_„ FRIDLEY, MINNESOTA. (REQUEST BY MSB.
ROBERT L. OLSON, 3618 MCKINLEY STREET N.E.. MINNEAPOLIS, MINNESOTA.) -
ice. Robart Olson was present to present his request to the Board. Also present
eYere the following interested parties: Mr. Gary W. Cheney, 5609 -5th Street P.E.,
Hr, Eduard Dupay, 5618 -5th Street N.E., Mr. & Mrs. M. Burton, 5604 -5th Street
N.E., Mrs. Amelia Adelman and Magdalen Adelman, 5612 -5th Street N.E., and 1�k .
Charles Marihufuis, 3618 McKinley Street N.E.
o Olson brought with him plans for the proposed addition. He informed the
Board the addition would consist of a living room with bedrooms above. He also
brought "ith Haim a letter signed by his adjoining neighbor, Magdalen Adelman,
stating she did not object to the applicant building the addition within 6 feet
of the property line.
Mrs. Adelman stated she had signed the letter of no objection, but has since
reconsidered and she now objects to the addition coming that close to the
property line.
Mr. Cheney, living directly across the street, stated that he felt this addition
would enhance the neighborhood and improve the property values.
A lengthlydiscussion followed and was centered on room arrangements and if
alternatives such as building to the front or to the back of the existing
structure would be feasible.
Mr. O'Bannon had to leave for another meeting at 7:50 P.M.
MOTION by Minish to continue the public hearing on this request until the
August 2f, 1969 meeting, to allow the applicant to consult with his architects
to try and draw up alternate plans that would meet the City Code requirements.
Seconded by Harris. Upon a voice vote, all voting aye, the motion carried
unanimously.
ADJOURNMENT:
The meeting was adjourned by Chairman Mittelstadt at 8:35 P.M.
Respectfully su ed,
{
CE BELISL
Acting Secretary
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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, August 13, 1969 to consider the following matter:
A request for a variance of Section 45.23
to reduce the sideyard requirement from
10 feet to 5 feet to permit the construction
of an addition to existing house located on
Lots? and 8, Block 3, Hamilton's Addition
to Mechanicsville, the same being 5614 -5th
• Street N.E., Fridley, Minnesota. (Request
by Mr. Robert L. Olson, 3618 McKinley Street
N.E., Minneapolis, Minnesota.)
Anyone desiring to be heard with reference to the above matter may
be heard at this meeting.
DONALD MITTELSTADT
CHAIRMAN
BOARD OF APPEALS
PUBLISH: July 30, 1969
APPLICATION TO THE BOARD OF APPEALS AND CITY COUNCIL
FOR SPECIAL USE PERMIT, VARIANCE IN REQUIREMENTS OF
CERTAIN ORDINANCES OF TIE CITY OF FRIDLEY
(Applicant to complete items 1, 2, 3)
1. Name and Address of Applicant
57 -
Joe
J o e rJ7 ��i�1L� � /U•F.,
2. Legal Description of Property (also general location, such asi"north-
east corner of 64th Avenue and 5th StreetC° or 6415 Fifth Street")
3. Describe the variance requested. (Attach Plat or Survey of Property
showing location of proposed building, etc., also adjoining properties
and ownership within 200' of said property.)
-21 b&,] -&ie6 _ _ LJP4 - /0 TO 6Foe L t ✓, xJ G A-ge e g
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.)
The Minutes of the Board of Appeals Meeting of October 29, 1969 Page 6
Mr. Harris stated we will be improving the area and it can't do anything
but help us. It may speed up the development of the area and it may move
the City to make up a long range plan for the area.
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 Harris to approve the request as the Board agreed it would-
be an improvement to the area in every way.
Seconded by Minish. Upon a voice vote, there being no nays, the motion
carried unanimously.
The Building Official presented a letter to the Board, from Mr. Robert
Olson, 5614 -5th Street, which stated that he still plans to stucco his
addition to his home but due to a change in the original estimate he
is forced to delay this work for a time.
Mr. Robert Olson was before the Board of Appeals for the addition to the
house and one of the agreements was that he stucco the addition to much
the house.
MOTION by Harris to receive the letter from Mr. Olson.
Seconded by O'Bannon. Upon a voice vote, all voting aye, the motion
carried unanimously.
ADJOURNMENT:
The meeting was adjourned by Chairman Mittelstadt at 10:15 P.M.
Respectfully submitted,
V� AAU
MARY HINT
Secretary