VAR 04.69It
bq-61 v4
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
7 c-
2. Legal Description of Property (also general location, such ass"north-
east corner of 64th Avenue and 5th Street" 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.)
1 ni L �• r: cflL ;'L ��� ,, ✓ Q
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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.)
ff
- 2 -
5. Notice of Hearing appeared in Official Newspaper on the following
dates:
(must be at least once 10 days before meeting -- copy of notice to be
attached).
6. Board Members notified of meeting by .April 14, 1969
('List Members, Date Notified, and "Yes" or "No" for plans to attend
hearing). +
Name
Date Plan to Attend
-Mittelstadt No
Minish Yes
O :.OYS.0
M., R x Wo W
Yes
7. Person making appeal and the following property owners having property
within 200' notified:
By Phone Notified by
Name Date or Mail (Initial)
jamPs LangnPr-5530-6t11 StrPot
Carl Sorenson -4615 University 55421
Joseph Dibello-5541-5th Street
Cha.rl Pt4 Ymrn€rl nyT .5.4.5—T}`h stre t
John Brazil -5529 -5th Street
T.aijra. Vag_ Q -J nh-54 ()_ 0-n ith qi-rz,=+.
Ronakd Schumacker-5601-6th Street
S. The Following Board Members and interested parties were present at the
Hearing:
BOARD MEMBERS
r
- 3 -
OTHER PARTIES:
NAME ADDRESS
9. Opinions and recommendations by BOARD OF APPEALS:
eLaz-,
10. For Above Recommendations Against Recommendations
11. Action by City Council and Date:
THE MIHOTES OF THE BOARD OF APPF M MEETING OF APRIL 16, 1969
The meeting was called to order by Acting Chairman Minish at 7:32 P.M.
MMERS PRESENT: Minish, Ahonen, O'Bannon, Harris
M04BERS ABSENT: Mittelstadt
OTHERS PRESENT: Hank Muhich-Building Official
MOTION by Ahonen to approve the minutes of April 2, 1969 as written.
Seconded by Harris. Upon a voice vote, there being no nays, the motion
carried unanimously.
Mr. Tom Swanson was present to preeent-his proposal.
The Building Official explained that Mr. Swanson also owns Lot 4 which is
zoned correctly for duplexes. Lot 5 is now zoned R-1 which is for single family
dwellings. Both lots would have to be used to get enough footage to build a
duplex.
Mr. Swanson was asked why he wanted to build a duplex rather than a single
family dwelling. He answered that there is a street running in front and one
running in back of the lots and he did not think it was conducive to building
a house.
Acting Chairman Minish said that with the application there is a petition
opposing the variance signed by quite a number of nearby property owners.
Mr. Harris asked how large the dwelling was and was told two units on the style
of a split level home, but still being a duplex. Mr. Harris also asked for the
dimensions of•the dwelling and if there was any provisions for garages. Mr.
Swanson said the dimensions were 241 x 401 but there were no provisions for
garages at this time. The 24' would be parallel with the street.
Mrs. George Baker, 409 -57th Place: We have a street in front and in back of us
and that doesn't hinder us any. If fact we have two assessments. Our garage is
in the back and if we have visitors they park in the front if there is no room
in the back.
Mr. Swanson asked Mrs. Baker if she had children and she said that she does but
they are grown up now but there was no problem with -the two streets when the
children were smaller.
Mr. David Abrams, 5659 -5th Street: I drove around tonight before the meeting
and of all the multiple homes around they are all more or less an eyesore.
There are some kitty-oorner from me and there have been cars up on blocks for
about a year . I would much rather see the property in single homes. In fact
it would be easier, rather than homes being built in there, to build a small
park. Of all the houses in our area, the nearest park that is built is at the
schoolhouse and one on 51st Street and for all the small ohildren in the area
a small park would go over real good. I am on the corner lot and I would enjoy
seeing a stop sign out there because at night it's like a drag strip.
The minutes of the Board of Appeals meeting of April 16, 1969 Lam 2
Mr. Carl Paulson, 430 -57th Place: I live next door to the particular lot in
question. We have Lots 6, 7 and 8 and we have a vacant lot which is buildable.
This lot has been split. The lot in question I could have purchased all along
if I had any intention of building a double bungalow. What the people in the
neighborhood , as well as ourselves, are seeking is to retain the single dwelling
concept which we have. If you will look at the zoning map you will notice that
the original zoning allowed the present type of zoning and it was not the will
of the people that this be done in this manner but this is what the City Council
at that time okayed, and there were a lot of areas like that that were okayed
but that were detrimental to many people. Here we have R-2 zoning and when the
storm came through there were some homes taken out of that area that laid West of
this property toward University. Yet, there was one gentleman who,when he rebuilt,
he rebuilt himself a three bedroom bungalow and he has acquired the lot next door
so he also has a double garage. He is right up against the industrial area owned
by a gentleman who's been in there since before the rezoning. When he quits there$
his zoning will revert to our regular zoning. Now the point that I want to make
is that we want to retain and continue the concept that we have. Let me give you
some figures that I received from the Assessor's office. West of this property there
are apartment buildings and two double bungalows. One faces 57th Place and the
other faces 57th Avenue and both have garages in the front yard. Now we were against
that but it was to difficult to stop them after they went to far with it. Here are
the figures. At 360 -57th Avenue, the one that faces South, the valuation is
$24,540. Now the one on our street and faces 57th Place has a valuation of $25,275•
You are aware that when an owner lives on his property he has the homestead for
both apartments so he has a credit for both apartments, so we don't get the high
tax rate. We just get the home rate. On 7th Street Dave Anderson and Mr. Smith
are building a row of houses in the neighborhood of $25,000 and $26,000. So when
you compare these figures with the price of these homes we are having to support
two families for the same price as we will be supporting one family in a single
dwelling. In the terms of taxes for the community we'll not have to subsidize
Dave Anderson's houses nearly as much as we would a double, worth about the same
amount of money. When we look at the esthetics of the whole thing it does not
conform to the houses in this area whatsoever. We are definitely against this thing
and I hope you realize this.
Mrs. Lester Peterson, 400 -57th Place: I live on Lots 1 and 2, Block 5. We would
rather prefer a single dwelling than a duplex. It creates all these cars and they
don't park off the street and it is almost impossible for us to get out of our
driveway at times. We have these 4 units by us and there is always rubbish flying
around and they never pick up anything. The Christmas trees are still blowing
around.
Mrs. Carl Paulson, 430 -57th Place: I think a building like this is detrimental
to the community because here you have apartment buildings, Petersens house, a
vacant lot and then this duplex. What kind of planning do you call that? It's
a crazy quilt. Then they are going to continue around the corner and build another
duplex I suppose. I'm against it.
It was noted that Lot 3 which is owned by Mary Brown, North Dakota, is not.for
sale.
Mr. Carl Sorensen, 4615 University Avenue: We just platted Adams Street Addition.
They made us put 90 foot lots there and here they want to put a double bungalow
on a lot and one-half.
The minutes of the Board of Aneals meets:—®f Aril 16, 1969
Mr.Ygarris: This is just for a point of information. This plot is pretty old
and when things were first plotted it was done in 40 foot lots and there are
even some 25 foot lots in the City of Fridley. In the new concept of plotting
and planning that we have now, we like to go to larger lots. It seems that we
do have a patch work type of zoning. It might be well for the Planning Commission
and Council to take a look at this zoning but it would have to be done at the
request of the property owners.
Mr. Sorensen: It should be the same all over the City and not have them mixed up.
I lost about four lots when we platted 90 foot lots.
Mr. Paulson mentioned that Mr. Sorenson referred to the next item on the agenda.
MOTION by O'Bannon to close the public hearing
Seconded by Harris. Upon a voice vote, there being no nays, the motion
carried unanimously.
Mr. Paulson: Will this go before the Councill
Chairw= Minish: Our minutes are submitted to the Council. This request for
a. Special Use Permit would go before the Council for the final decision.
Mr. Paulson: Do you gentleman go into the neighborhood to view the neighborhood
to get some idea as to what the people are thinking in terms of upgrading instead
of downgrading their neighborhood. I am looking at this matter on the basis
of its worth to the community and to the people who live there so that they
oould retain their tranquility and that it will conform aesthetically to the
neighborhood.
Mr. Harris: I don't believe the Board of Appeals has sufficient information
at this time to grant the request. We do not have the plot plan and we do not
have a building plan. According to our charter it says it has to be a hardship.
I cannot see the hardship without seeing first if the thing could be built on
one -lot. If it can't, this is something else. I looked at the area but I had
no idea of the size of the dwelling.location on the lot or the location of
g zages if any.
Mr. O'Bannon: I have the same feelings as the members of the audience in that
if I had a row of single family dwellings along side of me I would not want a
duplex to come in. Now Mr. Swanson has two lots 40 feet wide apiece. He has to
have a 13 foot sideyard. You can take 13 feet and 24 feet which add up to 37 feet
so he still can build on Lot 4. I would not pass on it though as I think it
should go back to the building department.
Mr. Paulson: You cannot build on 40 feet if there is more land available in
the old plat.
WTION by Harris to. deny the request for a Special Use Permit as;we- "tom.
seat " present time for the Special Use Persit as we did not have stele
infbsmatiaWita 8mt .this permit.
Seoonded by O'Bannon
2.
.i
The minutea of the Board of Appeals meeting of April 162 1969
Mr. Harris: I want Mr. Swanson to understand this is only a recommendation and
that he does have the right to appeal to the Council. I would suggest that when
this comes before the Council that he have a building plan and also a plot plan
showing elevations and locations on the property. I would also urge that he
possibly consider relocating this, if he can, on his property so it will fall
into the proper zoning. If he could show a hardship, to do so.
Upon a voice vote, all voting aye, the motion carried unanimously.
Mr. Swanson was present to present his request.
Mr. Swanson informed the Board that he has a 60 foot by 130 foot lot in R-3
zoning and is requesting a variance of land area so that he can build a duplex.
It would mean reducing the lot area requirement from 10,000 square feet to
7800 square feet. There are single family dwellings on both sides, one occupied
by the owner and one rented out. Mr. Harris said there were double bungalows in
Blook 2.
Mr. Carl Sorensen, 4615 University Avenue: That lot was sold to a man who owned
it about two years back. He asked to have a permit for a single dwelling and he
was turned down. Now they are asking to put a duplex on the lot and I think it
would be very unfair. The fellow didn't pay the taxes bacause he couldn't build
omit.
Mr. Paulson: I think the Board should have the proposed building plans submitted
to them by the Inspection Department. The builder would have to submit building
plans to the Inspection Department and they in turn would bring the plane to the
meeting so that the board would know what is being done. Is this being done for
you?
Acting Chairman Minish: I don't believe legally that it is required by the City
to have the plans submitted at that time.
Mr. Paulson: A gentleman comes in and makes out an application telling you what
he in planning to do. Couldn't the City give you that•applioation?
Hank Muhich informed Mr. Paulson that we do not force anyone to spend the money
to get plans drawn up before they go before the Board for a variance or Special
Use Permit.
Mr. Paulson gave a short resume of the.history of the area involved.
Mr. Sore*sen: This particular block (Block 7) is just single dwellings. The
blook-to the North has double bungalows.
3•
The minutes of the Board of Appeals meeting of A 11 16, 1969
The criteria which the Board of Appeals is directed to consider was read by thq
Acting Chairman.
Mr. Swanson said the building would be the same plan as in the first request. It
would have one-half basement, split level house with garages attached. The
setbacks are 5 feet on the garage side and 10 feet on the other side.
Mr. Sorensen asked him if the bottom half would be cement and the upper part wood.
Mr. Swanson said "yes".
MOTION by Ahonen to close the public hearing.
Seconded by O'Bannon. Upon a voice vote, there being no nays, the motion
carried unanimously.
MOTION by Ahonen.to deny the variance for the following reasons;
1. The neighboring lots contain single family dwellings.
2. The lot in question does have sufficient area to permit the
construction of a single family dwelling.
3. There was no hardship shown.
Seconded by Harris. Upon a voice vote, there being no nays, the motion
carried unanimously.
Mr. Louis Thielen was present to present his request.
Mr. Thielens We have a package deal of the houses in our block. The contractor
who built this house did very little for the house as far as any style is
concerned. Every house is square and a couple have some phony peaks. I would
like to add to my living room and bedroom. It will cost me about $3,500-
I would put a stone front on the house with French style windows. Mr.
Thielen showed some pictures to the Board showing what the house would look
like with the new front on it. All the neighbors have been notified by word of
mouth. Most are in agreement beosuse.their houses are identical to mine and fpr
me to put on a major improvement only helps their property as far as value is
concerned. I haven't decided whether to use brick or stone for the front.
MOTION by O'Bannon that the public hearing be closed..
Seconded by Ahonen. Upon a voice vote, there being no nays, the motion carried.
MOTION by O'Bannon to approve the variance of Section 45.26 to reduce the front
yard requirement from 35 feet to 31 feet to permit the construction of an addition
to the front part of the dwelling located at 4820-2.1 Street N.E., Fridley, for
the following reasons;
The minutes of the Board of Appeals meeting of April 16a 196 Pao
r .
1. He lives on a lot where he could add to the front.
2. It is an improvement of his home and the area.
3. There were no objections from the -residents.
4. It does not block the view of anybody else.
5. The only way he could add to the house was by a variance.
Mr. Thielen asked if the Board of Appeals would want a letter or statement from
the neighbors.
4•
Acting Chairman Minish said it would be advisable for him to bring in a letter from
the neighbors, that are adjacent to his property.
Seconded by Ahonen. Upon a voice vote, there being no nays, the motion
carried unanimously.
Present were Mr. Jack Lawrence, President of Signorafters, Inc. and Jim Stafford
of Signcrafters, Inc. and Mrs. Robert Hart of the Sunliner Motel.
Mr. Lawrence: What we would like is to have a variance of the Ordinance to allow
more then 12 square feet of sign area and more than 6 feet in height. This motel
has to advertise on the highway. We would like to remove the existing sign which
is very close to 141 square feet and install a sign which is 150 square feet. A
drawing of the new sign was presented to the Board to examine. You have to have
a sign of that size to tell people ahead of time as they are coming to a dip in
the grade of the road. It would attract the attention of the customers who are
coming in from the North, on the other side of the highway. The present sign
was reconverted from the old one and just'remodified. It is a 8' x 12' oval
sign, and you can't read the word motel from across the road. The lights on the
new sign will be similar to Minnie Pearfe sign, not on or off or flashing,but
just a waterfall effect which is on continually with a changeable panel below.
The old sign would be removed completely.
Mrs. Robert Hart, 6881 Highway #65: We are situated so that Suburban Engineering
comes out in front of the motel. The people coming in do not even see the sign.
The men from Onan's can't find the motel coming from the South toward evening.
We would like to build a first class motel and make it quite elaborate in time.
I think if we are to put money into the sign now it should be a good sign and
not something we would have to do over again. There are a lot of trees by the
creek and they shut off the view of the sign from the North.
The Building Official read the part of the City Code relating to flashing signs.
Acting Chairman Minish said the Ordinance would not permit the waterfall effect.
Mr. Lawrence said he thought they could come up with a compromise.and work it out.
with the.Council. L; The sign is 150 square feet which includes 6" of blue sky
between each structure.
The minutes of the Board of Appeals meeting of April 16. 1969
Mr. Lawrence reminded them the present sign is 142 square feet.
Mr. Ahonen commented that he goes by the motel everyday and he has never seen
the sign. Mr. O'Bannon said it lights up the area but you can't read it.
The sign was composed of the lights at the top, waterfall effect, the word
"Motel" and a changeable panel which could be used as a community billboard.
Mr: Lawrence said the changeable panel could be deleted.
MOTION by Ahonen to close the public hearing.
Seconded by O'Bannon. Upon a voice vote, there being no nays, the motion
carried unanimously.
Mr. Lawrence said that in all fairness, he would not waste his time having
this sign drawn up and presented for Mrs. Hart if he did not feel this is their
only source of advertising.
Ao*g.Chairman Minish said the Board does not intend to prohibit signs, just
regulate them.
Mr. Stafford said the footage of the signs that are up in the air is tremendous.
But when you are a half a mile away a six foot man would look very small and
when an exit is missed no one wants to turn around and go back.
MOTION by Ahonen to approve the request of the variance in consideration of
the fact that the motel business does depend a great deal upon a sign for its
advertisement and they are only using one sign. Also for the following reasons;
1. A case of hardship is involved because the motel is set so far back
from the highway.
2. The view of the building is out off by the structure immediately to
the South and to the North by a dip in the road at Rice Creek.
3. Competition with Target's Warehouse.
Seconded by Harris. Upon a voice vote, O'Bannon abstaining, the motion
carried.
Acting Chairman Minish adjourned the meeting at 9:45 P.M.
,Respe0tf1dlly submitted,
HAZEL 0' 13RIAN
Acting Secretary
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 16, 1969, to consider the following matter:
A request for a variance of Section 45.281
to reduce the lot area requirement for a two
family dwelling from 10,000 square feet to
7800 square feet to permit the construction
of a duplex on Lot 3 and the 14 of 4, Block 7,
Hamilton's Addition to Mechanicsville the same
being 5550 -6th Street N.E., Fridley, Minnesota.
(Request by Tom Swanson, 3425 Coolidge Street,
Minneapolis, Minnesota.)
i
Anyone desiring to be heard with reference to the above matter may
be heard at this meeting.
DONALD MITTELSTADT
CHAIRMAN
BOARD OF APPEALS
PUBLISH: March 26, 1969
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DATE:
a 21, 1969
at simition 45-283
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REPLY TO
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SIGNEDz�
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SEND WHI'L'E AND PINK COPIES WITH CARBON INTACT RINK -COPY IS RETURNED WITH REPLY.
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 16, 1969, to consider the following matter:
A request for a variance of Section 45.281
to reduce the lot area requirement for a two
family dwelling from 10,000 square feet to
7800 square feet to permit the construction
of a duplex on Lot 3 and the NJ of 4, Block 7,
Hamilton's Addition to Mechanicsville the same
being 5550 -6th Street N.E., Fridley, Minnesota.
(Request by Tom Swanson, 3425 Coolidge Street,
Minneapolis, Minnesota.)
i
Anyone desiring to be heard with reference to the above matter may
be heard at this meeting.
DONALD MITTELSTADT
CHAIRMAN
BOARD OF APPEALS
PUBLISH: March 26, 1969
a
(official Publimtloa,
OFFICIAL NOTICE
C�TY'OFFRIBLEY
PUBLICHEARING BEFORE Tug
TOOTICE MANYCONCERN:
NOTICE IS HEREBY GIVEN THAT the
Bol meet Appeals the of the City of Fri
dlel
City Hall at 7:90 ppmncil of the
16, 190, to consider the follow(Wednesday, April
A request for a varilu°gce�of rSectior
fora rndnce the lot area requirement
two family dwel4ng from IO,Op[
feet to 7880 sguare feet to Permit
and the Nu>��i °f a _dnP�ea_on Lot
" ng UN11 oil, anics ue the same,
being Bt6 Street N.E.. Fridley.'
342.4 CoolidgeCoStreet by Tom Swanson.
sota.i Minneepolls, Mine -
Anyone desiring to be heard wild feter.
at this meeti gVe fitter may_ be heard
DONALD MITI'ELSTADT
— Chairman, Board of Appeah
Marcd28,I8o,_TC
UCNt.ns or existing buildings within a distance of 100Yfeet
on both
sides of a building to be -erected is not more than
6 feet
greater or not more than 6 feet less than the front
yard depth required for the district in which such block is
located, the front yard depth for such building shall be not
less than
such average depth Should this difference be more
than 6 feet, the Board of Appeals
may vary the front yard
requirement for the building.
45.28. R-1 Districts: A lot area of not less than 9,000
square feet for a dwelling is
LOT AREAS REQUIRED
required or hot less than
7.,500 square feet if the lot is one on a subdivision plat
R-1 DISTRICT
recorded prior to the effective date of this ordinance, or on
a plat approved by the City Council subsequently, provided
that
an area of not less than 18,000 square feet is re-
quired for a lot unserved by a City sanitary sewer or
an
approved private, community sewage disposal system, or not
less
than 10,000 square feet if the lot is one on a sub-
division plat recorded
prior to the effective date of this
ordinance or on a plat approved by the City Council subse-
quently.
45.281. Lot Areas Required - R-2 Districts: A lot area
of not less than 7,500
R-2 DISTRICT
square feet for a one -family dwelling
is required. A lot area of not less than 10,000 square feet
i
is required for a two or three family dwelling or dwelling
group. Except as to a lot or parcel contained in a plat,
registered land survey or other subdivision that has been
heretofore
placed on record in the office of the Register of
Deeds or has heretofore been approved for record by the Council
of the City of Fridley, a lot area of not less than 15,000
r square feet is required for a four -family dwelling or dwelling
group; and a lot area of not less than 1,500 additional square
feet is
required for each dwelling unit therein over four in
number.
166
A single lot or parcel which is full and complete in itself
and which is contained in
any plat, survey or subdivision
heretofore placed on record or heretofore approved for record
and which lot
or parcel contained sufficient area at the
time of approval for use as a building site for four
or more
dwelling units may continue to be used for such multiple
dwelling
purposes, and is subject to such requirements as
existed prior to this amendment. The
provisions herein shall
not be construed to limit further and additional requirements
as may be provided by this ordinance or as may be provided by
another ordinance when deemed
appropriate,
45.282. Same as in R-2 Districts for each dwelling or
dwelling group having four dwelling units
R-3 DISTRICT
or less.
A lot area of not less than 1,000 additional square feet for
each dwelling unit over four
in number is required.
However, the average square foot area for each dwelling unit
shall not be less than 2,500
square feet. (Ref. 263)
C-1, C -IS, C-2, C -2S, M-1 and M-2 Districts: Same C-1 AND C-2
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