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VAR 06.72N APPLICATION TO THE BOARD OF APPEALS AKD CrTY CGVNCIL FOR SPECIAL USE PERMIT, VARIANCE IN REQUIREMEhaS Oir CERTAIWORDINANCES OF THE CITY OF FRIDLE'Y (Applicant to complete items 1, 2, 3) 1. Naw and Address of Applicant 6-1,s 0,r-rA. .2. Legal Description of Property (also general locaticn, such as;"north- east corner of 64th Avenue and 5th Street1° or 6415 fifth Street") 3. Describe the variance requested. (Attfth Plat ax Sar%fty rpt fto"rty showing location of proposed buildlrg, etc., also adjolnLng properties and ownership within 200' of said property_) 4. Conta by administrative official denying original request for buildins pas -it or other permit. (To be completed by adwin!atrativa officiAl. Appropriate ordinances and section of ordinance to be 'Cited.) - 2 - S. Notice of hearing appeard in Official Newspaper on the following dates:_ AW (muse be at least once 10 days before meeting -= copy of notice to be attached). i. hoard Members notified of meeting by_ a--4afg, 8 (List Members, Date Notified, and "Hes" Nd'plans to atter hearing). a Em Date fLaa -to Attewd 0-2�- i1-v,a Io (414 7• Parson making appeal and the llowing property *mere having property within 200' notifta: By Phone Notified by Nun Date or Vii (%iti_ l) So 'lea Following hoard Members and interested parties were psssast at the Naaringt BOARD RIDERS I FWIA Py I �' I 3 - OTHER PARTIES: ADDRESS 9. Opinions and recommendations by BOARD OF APPEALS: 1 -4 „ _7 f) / CM 7J . /' U In -A I n -Vi 10. For Above Recommendations 11.•Iction by City Council and Date: . O 0 Against•Recommendations 560-3450 (ZitCy Of yr i Wle cy ANOKA COUNTY 6431 UNIVERSITY AVENUE NE July 13, 1972 FRIDLEY, MINNESOTA 55421 Mr. Gustave Fjetland 5900 - 7th Avenue N.E. .Fridley, Minnesota 55432 Re: Board of Appeals Application For a Variance Dear Mr. Fjetland This is to inform you that the City Council has concurred with the recommendation of the Board of Appeals in denial of your request for a variance of the City Code. Please feel free to contact us if you have any questions about the above matter or about a different plan. Sincerely, CLARENCE J. BELISLE Building Inspector CJB/mh THE MINUTES OF THE BOARD OF APPEALS MEETING Or. JUNE 279 1972 The meeting was called to order at 7:30 P.M. by Chairman Minish. MEMBERS PRESENT: Minish, Crowder, Harju, Wahlberg MEMBERS ABSENT: Sondheimer OTHERS PRESENT: Clarence Belisle -Building Inspector Chairman Minish noted a correction on page 2, paragraph 3 of the June 13, 1972 minutes; Planning Commission should be changed to City Council. MOTION by Wahlberg to approve the minutes of the June 13, 1972 meting ew amended. Seconded by Harju. Upon a voice vote, there being no nays, the motion carried unanimously, 1. A REQUEST FOR A VARIANCE OF SECTION 45.053, 48_ FRIDLEY CITE COM. TO REI2JCE THE SIDE YARD REQUIREMENT ADJOINING LIVING AREA FROM 10 FEET TO 5.2 FEET TO ALLOW THE CONVERSION OF A SINGLE ATTACHED GARAGE TO LIVING AREA, LOCATED ON LOT 11, BLOCK 5. BONNY ADDITION. THE SAME BEING 5900 - 7TH STREET N.E., FRIDLEY, MINNESO Mr. & Mrs. Fjetland were present to present the request. A verifying survey of the lot and a picture of the garage were shown to the Board. Mr. Fjetland explained he lives on the corner of 7th Street and 59th Avenue. He said he wants to convert the existing garage, which exits onto 7th Street, into a dining area as the kitchen in the house is small, and also he wants to build a double garage in the back yard which will exit onto 59th Avenue. He would tear up the existing driveway and he would alter the front of the existing garage to be flush with the front of the house. Mr, $jetland said they have a traffic problem at this corner as the stop sign is ignored. The neighbors have a -high hedge along the adjoining property line and there is a vision problem in backing out onto 7th Street. The hedge also blocks out seeing the children who use this corner to congregate while they are going and coming from school. The children walk across the driveway area and he said it is hard for the person backing the car out onto the street to see them. Mrs. Wahlberg asked where Mr. Fjetland would position the proposed garage. Mac, Fjetland answered that it would be set back 25 feet from 59th Avenue and 10 feet from the rear lot line. Mt, Crowder asked what would be done first; the conversion or the now garage, He also Asked who would be doing the work. Mr, Yjetland said he would be doing half of the work and contracting out the other pelf, He thought the garage would be built first. He added the family xoom will have bevel windows and sliding glass dooms. Mr, Belisle said that both permits, one for the conversion and one for the new saragog would be issued at the same time and the permits would be good for one year,, He added that according to the State Building Code, no openingo in a wall gree, 411owe4 closer to the lot line than 10 feet and also that the w1l of the garage along the property line would have to be 1 hour fire rated. 'the Minutes of the Board of Appeals JeL L,. of June 27. 1972 $ag,,e 2 Mr. & Mrs. R. Landry, 5908 - 7th St,eet, pruperty owners to the north, came forward to voice their objection -s to the variance. Mr. Landry said the Fjetlands now have 4 cars that they park in the driveway and on the street • and sometimes they have 5. The noise that comes from the cars cowing in late at night, -horns honking, teenagers playing basketball and general commotion from the Fjetlands is very annoying to them as their bedrooms are toward the adjoining property line. He added all of this does bother • them but they would rather put up with it than to reduce the area between actual living areas. Mr. Robert Heckes, 5916 - 7th Street, second house from the Fjetlands, asked if there was to be an actual structure change. Mr. Minish said there would not be. Mr. Reckes said they just moved in and they are proud of their home but he did not like the idea of having living area in one house being within 10 feet of the bedrooms in an adjoining house. He said the look of continuous living area from lot to lot gave a bad impression and it would depreciate the looks of the area. Mr. Jerry Higgins, 5924 - 7th Street, said that backing their cars out onto the street during the hours the children are walking to school is a safety hazard to every kid at the crossing. It would be better to let them convert the present garage and let them build a garage that would exit onto 59th Avenue. It will raise the value of their house and it would be safer for the kids, He said his kids have to walk across the Fjetlands driveway while they are jockeying their ears around, so he was for the variance. Mrs. Landry stated she has asked the Fjetlands to move their cars to the side street as they block the view of the stop sign but they won't do it, Mac. Minish asked Mr. Fjetland how many cars they have. Mrs. Fjetland said 4; 1 is hers, 1 is her husbands, 1 is her daughters and l is her Bons.- She added they are all brand new cars. Mr, Roger Anderson, 5873 - 7th Street, said he lives across the street from q the Fjetlands and he can see no objection to the variance. He said the Fjetlands were very fortunate to be able to build a garage in their back yard. Be laid he thought it is better to see a house without a driveway in the front yard, Mm, , Fjetland presented a letter to the Board, that waf written by Mr. Mit►, Campion, who in effect said the conversion would not depreciate the houses in the neighborhood. Mr, Landry stated they thought the houses being so close was a bad point when they bought their house but there were more good points to offset it, Mxe, Landry presented a petition to the Board that was signed by neigbbove who were opposed to the variance. The Minutes Of The Board Of Appeals Meeting Of June 27, 1972 Page 3 MOTION by Crowder to receive both the letter and the petition. Seconded by Wahlberg. Upon a voice vote, there being no nays, the motion c$rTted unanimously. MOTION by Crowder to close the public hearing. Seconded by Harju. Upon a voice vote, there being no nays, the motion carried unanimously. W, Harju stated he felt this type of a variance is rather delicate as there are thousands of people who would like to convert their attached garage to additional living area. He felt the Board should look at the requests to find other ways to Add on the additional space. Mr. Crowder asked if the lot was flat enough to add onto the back of the house for the additional area. 0 Mr, pjetland said it was flat enough but then they couldn't build a double garage, Mr, Crowder said the Board does see this type of variance very often where people Want to go from a single garage to a double garage to avoid jockeying their cars. In this case there appears to be a problem between neighbors. He continued that it Mr, f'jetland would compromise and use windows that would not be openable and eliminate the sliding glass doors, the neighbors might compromise and accept the variance. Mrs, Fjetland said she would not put windows in that couldn't be opened. Mrs. Wahlberg stated she could see the safety factor involved with the hedge, cars and children. She said there is a large number of cars involved here and she was most concerned with the possibility of children being hit. Mr, Belisle said the City does not require that a car be parked inside of a garage. The Fjetlands could park their cars in the back or side yards. He added that if there is no mechanical ventilation, one half of the windows have to be geable. They could put up a redwood fence off the sliding glass doors to screen the noise from the neighbors. Mr, Minish asked the Fjetlands if they would be willing to go along with any of the Alternate methods suggested. , yjetland said they want the sliding glass doors and they did intend to put up A privacy fence. XV. Minish asked the handrya if the fence would change their mind about the variance, Irv, Landry said no. She said her children are awakened during the night because of the noise at this house. She said she has asked them to reduce the n9i4e of playing basketball, teenagers coming in at all hours of the night and horne honking but they haven't. She continued the garage is used as living area now 044 it is to clove to their house. 2. The Minutes of the Board of Appeals Meeting of June 27. 1972 Page 4 Mr, Crowder said there seems to be ill feeling between the neighbors and it seems to be an impasse. The Board has suggested alternatives but neither side is agreeable to them. NOTION by Crowder to recommend to the City Council denial of this variance. Seconded by Harju. Upon a voice vote, there being no nays, the motion carried unanimously. NOTION by Wahlberg, seconded by Crowder, to waive reading the public hearing notice. Upon a voice vote, there being no nays, the motion carried unanimously. Mr. R. Pfeiffer and Mr. Hokemier were present to present the request, ,A picture of the type of sign and a map showing the location of the sign were shown to the Board. J. Mr. Hokemier stated they propose to put up two units back to back on the railroad right of way, west of the tracks and south of T.H. #694. The signs will have changeable copy and be changed every 60 days. There will be 10 feet from grade to the bottom of the sign and 25 feet to the top of the sign. The signs will be placed on 1 pole, 15 feet to the west of the tracks. Naegele has a lease with Burlington Northern to erect the signs. Mr. Hokemier said this is the standard size for paint bulletins. The copy for these signs can be shipped all over the United States to be used on this size panel, There is 700 square feet of sign area on each.side of the sign, Chairman Minish asked if they complied with all regulations of the Federal program for billboards. Mr, Hokemier said they did. He added these regulations eliminate billboards only in unincorporated areas. He added they can live with the Federal and State regulations very well. Mr, Crowder asked if there was a smaller standard size of sign. Xv,, Hoheader said there is a 12 foot by 25 foot poster panel that is standard, Theses signs are repapered every 30 days, and the copy can be used throughout the 'Jutted States. The paint bulletins are hadd painted in the plant. He explained they would like to erect the sign at this location because of the traffic view. The average businessman can have a paint bulletin made up and then rent the sign 1oggtlons around the Twin Cities area, and it gives him a chance to have many people see his advertising. Martin E. Campion & Associates, Inc. ffiffiffi 6418 XM= BASS LAKE ROAD MINNEAPOLIS, MINNESOTA 55428 537-3635 June 27, 1972 Mr. Gustave N. Fjetland 5900 -7th Street NE Minneapolis, Minnesota 55432 Re: Proposed Addition to: 5900 -7th Street NE Dear Mr. Fjetland: In response to your request, I have vhewed the layout of your prop- erty in order to make a judgment of the effect of your proposed addi- tion on the value of the property of your neighbor to the North (5908 -7th Street NE). It is my opinion that the proposed addition will have no adverse effect on the value of your neighbor's property. Because the proposed change only changes the existing structure adjacent to the neighbor's property from garage to living area, the effect, if any, should be beneficial. My qualifications for making such a judgment: Residential real estate appraiser for approximately 10 years; Real Estate Broker for approxi- mately 20 years. If you have further questions regarding my observations, feel free to contact me. Yours very truly, 14� (,::: �, d Martin E. Campion MEC/lmw OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE BOARD OF APPEALS TO i HOK IT MAY CONCERN: NOTICE IS HEREBY GIVEN THAT the Board of Appeals of the City of Fridley will meet in the Council Chamber of the City Hall at 7:30 P.M. on Tuesday, June 27, 1972 to consider the following matter: A request for a variance of Section 45.053,4B, Fridley City Code, to reduce the side yard requirement adjoining living area from 10 feet to 5.2 feet to allow the conversion of a single attached garage to living area, located on Lot 11, Block 5, Bonny Addition, the same being 5900 - 7th Street N.E., Fridley, Minnesota. (Request by Mr. Gustave Fjetland, 5900 - 7th Street N.E., Fridley, Minnesota.) Anyone who desires to be heard with reference to the above matter may be heard at this meeting. ROBERT A. MINISH CHAIRMAN BOARD OF APPEALS ov R (-A 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 Chamber of the City Hall at 7:30 P.M. on Tuesday, June 27, 1972 to consider the following matter: A request for a variance of Section 45.053,4B, Fridley City Code, to reduce the side yard requirement adjoining living area from 10 feet to 5.2 feet to allow the conversion of a single attached garage to living area, located on Lot 11, Block 5, Bonny Addition, the same being 5900 - 7th Street N.E., Fridley, Minnesota. (Request by Mr. Gustave Fjetland, 5900 - 7th Street N.E., Fridley, Minnesota.) Anyone who desires to be heard with reference to the above matter may be heard at this meeting. ROBERT A. MINISH CHAIRMAN BOARD OF APPEALS OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE BOARD OF APPEALS TO WHOK IT MAY CONCERN: NOTICE IS HEREBY GIVEN THAT the Board of Appeals of the City of Fridley will meet in the Council Chamber of the City Hall at 7:30 P.M. on Tuesday, June 27, 1972 to consider the following matter: A request for a variance of Section 45.053,4B, Fridley City Code, to reduce the side yard requirement adjoining living area from 10 feet to 5.2 feet to allow the conversion of a single attached garage to living area, located on Lot 11, Block 5, Bonny Addition, the same being 5900 - 7th Street N.E., Fridley, Minnesota. (Request by Mr. Gustave Fjetland, 5900 - 7th Street N.E., Fridley, Minnesota.) Anyone who desires to be heard with reference to the above matter may be heard at this meeting. ROBERT A. MINISH CHAIRMAN BOARD OF APPEALS RZGULAR COUNCIL MEETING OF JULY 10, 1972 PAGE 15 5, CONSIDERATION OF A REQUEST TO CONSTRUCT AN ADDITION ONTO AN EXISTING- CQMMERCIAL BUILDING LOCATED ON THAT PART OF THE A OF N.E. k OF S.W,� OF SECTION 14, AND THAT PART OF THE REES ADDITION TO FRIDLEY PARK AND VACATED ALLEYS IN SAID SUBDIVISION DESCRIBED AS FOLLOWS: BEGINNING A A POINT ON THE N. LINE OF SAID Wit OF NESS OF SA DISTANT 30' W. OF 1QE CORNER THEREOF; THENCE S. AND PARALLEL WITH E. LINE THEREOF A, DISTANC OF 194' MORE OR LESS TO THE S. LINE OF LOT 1, BLOCK 2, REES ADDITION sFRIDLEY PARK, SAID POINT BEING THE S. CORNER OF LOT 1; THENCE W. AWN S. LINE OF SAID LOT 1 AND 22, A DISTANCE OF 179.3°; THENCE N. AND FAR WGTH E. LINE OF SAID N. LINE; THENCE E. TO THE POINT OF BEGINNING; SU TO EASEMENT OF THE N. 33' THEREOF; FOR ROAD PURPOSES ACCORDING TO U.S GOVER101ENT SURVEY. THE SAME BEING 370 MISSISSIPPI STREET N.E., FRIDL ,MINNESOTA. (REQUEST BY BRUNKOW MUSIC, 370 MISSISSIPPI STREET N.E., FRIDLEY, MINNESOTA) The City Engineer explained this request was for an addition onto their existing b4il4ing, Mr. Brunkow feels that it would be impossible for him to put in the a4clitional parking at the same time as the rest of the construction world is being done so the Subcommittee suggested that he post a performance )oQAd for the blacktapping and curbing for a two year period, so that he would hove until the spring of 1974 to complete the site improvements, and Mr. pxunkow boo agreed to this. CoUngilmon Utter said that he has been to Brunkow's and the parking situation 411 terrible. He thought the cars were parking on the easement now. He 644 thte building is quite old, and asked how the rest of the building Was as fg; as meeting the Codes, such as the electrical wiring etc. The City Hngin0e; �4ined that the Code requirement is that an existing building has to be. Jarought up to Gude only if the addition is more than 50% of the cost of the 9,r1ginal building. What he is proposing would be an improvement, Mr, ArW*gW di4 not feel he could afford to make all the improvements in one constructi9p yo4rI this is why the performance bond was suggested. There would be 90 1?#rk4ng spaces when completed. WIQ$ by Councilman Breider to approve the plans for the addition to Ar 9W Kugjaj Subject to the stipulations imposed by the Subcommittee. SecondeO by Q9VA9 ,4w Utter. Upon a voice vote, all ayes, Mayor Liebl declare4 the Mgtioa ea'sied unanimously. lam';ON by Councilman Mittelstadt to receive the Minutes of the Building R oo' pegign Control Meeting of June 29, 1972. Seconded by Councilman Braider, VV9p q V9iAQ vgtep all ayes, Mayor Liebl declared the motion carried unanimous;y, MCE1YING THE MINUTES OF THE BOARD OF APPEALS MEETING OF JUNE 27, 19721 � J( 14 A REQUEST FOR A VARIANCE OF SECTION 45.053, 4B' FRIDLEY CITY CODE Ti Fi THE SIDE YARD REQUIREMENT ADJOINING LIVING AREA FROM 10 FEES ! `.z eFEET TO ALLOW THE CONVERSION OF A SINGLE ATTACHED GARAGE TO LU4 ARRAS LOCATED ON LOT 11, BLOCK 5, BONNY ADDITION, THE SAME BEING Mi M-gTREET N.E., FRIDLEY MINNESOTA. (RE QUEST BY MR. GUSTAVE FJETLAI 900 7TH STREET N.E., FRIDLEY, MINNESOTA): Tba City Zlginpqr reported the Board of Appeals recommended denial, C9u1494 jfm man,ret 4er said he undgrstogd from the g4nutes that there was 10 feet �a � � bedroom windows and the existing garage they want to cgnyegt FA e REGULAR COUNCIL MEETING OF JULY 10, 1972 PAS; 16 Who City Engineer said yes, and showed the plans at the Council table. Or, R. Landry, 5908 7th Street, said they live next door and their bedrWpq aXe next to the garage they want to convert. They already use the gargV9 jtyipq area. He said they have had trouble with these people, they have Date parties and there are five cars parked around the house, KQT1QN by Councilman Mittelstadt to concur in the denial of the request for a variance by Mr. Fjetland. Seconded by Councilman Breider. Upon a, voigo Voter all ayes, Mayor Liebl declared the motion carried unanimously. Mr. Landry said he wanted to go on record as stating that he is being harrasaed j?eQa1Ase of his objection to this proposal. Mayor Liebl said that everyone must V;y to get alone with their neighbors, but if Mr. Landry feels the Fjetland+5 are grogtinq a nuisance, he is free to file a formal complaint. Councilman 14ittelstadt added that Mr. Landry's comments to the Board of Appeals are 41S0 a matter of record, they are contained in the minutes and will be offa.ci4ily received by the Council. 2, A REQUEST FOR A VARIANCE OF SECTION 56.04, 2B, FRIDLEY SIGN ORDINANCE, INCREASE THE MAXIMUM AREA OF AN ADVERTISING SIGN FROM 300 S DARE FEETT 700 SQUARE FEET TO ALLOW THE ERECTION OF TWO FOURTEEN FOOT BYFIFTYFC ILLUMINATED PAINT BULLETINS TO BE LOCATED ON THE BURLINGTON NORTHM }LIGHT OF 'WAY PROPERTY, GENERALLY LOCATED ON THE SOUTHWEST CORNER OF T. #694 AND THE BURLINGTON NORTHERN RAILROAD TRACKS, THE SAME BEI 52 HIGHWAY #100 N.E., FRIDLEY, MINNESOTA. (REQUEST BY NAEGELE OUTDOOR ADVERTISING COMPANY, 1700 WEST 78TH STREET, RICHFIELD, MINNESOTA) The City Engineer said the location of this proposal is just west of the 4ackq next to the bridge south of I. 694. Midland Cooperatives objected t;o the pigna, and the Board of Appeals recommended denial, they feel there are. 41- rea4y too many signs along the freeway. They would be like the other biji- boards 41iong 'the freeway. Mayor Liebl asked if Fridley got any taxes f xQ;q thee* billboards. The City Engineer replied that the City gets a ligea;*e fee for the signs. TXON by Councilman Utter to concur with the Board of Appeals in the deniAl of the request for a.variance by Naegele Outdoor Advertising Company. Seconded by Qquaci.lman Breider. Upon a voice vote, all ayes, Mayor Liebl.declared the motion x.riod unanimously. Tie City Engineer reported that Item #3 (a variance requested by Mr. Bruge Kqt ) was tabled by the Board. NATION by Councilman Breider to receive the Minutes of the Board of Appeiel.s gtipq of June 27, 1972. Seconded by Councilman Utter. Upon a voice v9t*r *; aye*( Mayor Liebl declared the motion carried unanimously. MRIVZNG THE MINUTES OF THE BOARD OF APPEALS MEETING OF JULY 5, 1972; s • 11QUEST FOR A VARIANCE OF SECTION 45.053, 4B, FRIDLEY CITY CODE, MDUCE THE SIDE YARD,SETVACK ADJOINING LIVING AREA FROM 10 FEET TO TO ALLOW THE CONSTRUCTION OF A 14 FOOT BY 22 FOOT ADDITION TO THE NON -CONFORMING DWELLING LOCATED ON LOTS 30 r 31, BLOCK 2, SPRING �►RK ADDITION, THE SAME BEING 386 IsONGFELLOW STREET N. FRIDLEY, ' M ,VEST BY BRUCE KOTHMAN, 386 LONGFELLOW STREET N.E.):