VAR 02.78CITY OF FRIOLCY,
MINNESOTA
SUBJECT.
COMMISSION APPLICATION
REVIEW
Number.,Rev I P098 Approved by
COMPLETE REVIEW CHECKLIST
RETURN TO PLANNING
/A
FILE B _.
DUE DATE .__._ ...
Date
OFFICIAL NOTICE
CITY OF FRIDLEY
PUBLIC HEARING
BEFORE THE
APPEALS COMMISSION
TO WHOM IT MAY CONCERN:
NOTICE IS HEREBY GIVEN that the Appeals Commission of the City of Fridley
will meet in the Council Chamber of the City Hall at 6431 University Avenue
Northeast on Tuesday, Marchl4,1978 at 7:30 P.M. to consider the following
matter:
A request for variances of the Fridley City
Code as follows:
Section 205.053, 4,A, to reduce the required
front yard setback from 35 feet to 24.25 feet,
and,
Section 205.053, 4, C, to reduce the rear yard
setback from the required 33 feet to 28 -feet,
to allow the construction of a dwelling and
garage on Lots 1 and 2, Block 13, Plymouth
Addition, the same being 4560 2nd Street
N.E., Fridley, Minnesota. (Request by Joseph
Powers, 4544 2nd Street N.E., Fridley, Mn
55421).
Anyone desiring to be heard with reference to the above matter will be
heard at this meeting.
VIRGINIA SCHNABEL
CHAIRPERSON
APPEALS COMMISSION
Note: The Appeals Commission will have the final action on this request, unless
there are objections from surrounding neighbors, the City staff, or the
petitioner does not agree with the Commission's decision. If any of these
events occur, the request will continue to the City Council through the
Planning Commission with only a recommendation from the Appeals Commission.
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City of Fridley
AT THE TOP OF THE TWINS
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• _____ COMMUNITY DEVELOPMENT DIV.
1 � PROTECTIVE INSPECTION SEC.
s ---t CITY HALL F RIDLEY 55432
♦ ♦�
----�' ' 612-sea3450
SUBJECT
APPLICATION TO BOARD OF APPEALS
NUMBER
910-F23
REV.
1
DATE
3/21/75
PAGE OF
1 2
APPROVED BY
800
Name Address
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Legal
Description
Lot No.
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Block No.
1 13P
Tract or Addn.
Variance Request(s); including stated hard ips (attach plat or
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City of Fridley
AT THE TOP OF THE TWINS
SUBJECT'
APPLICATION TO
'
BOARD OF APPEALS
COMMUNITY DEVELOPMENT DIV.
r PROTECTIVE INSPECTION SEC.
CITY HALL FRIDLEY 55432
612-560-3450
Staff Report)
NUMBER
910-F23
REV.
1
DATE
3/21/75
PAGE OF
2 2
APPROVED BY
800
Staff Comments
Board members notified of meeting by -- 9
hist members,
date notified, and "Yes" or "No" for plans to attend hearing.
Plan
Name
Date To Attend
��
Pearson making appeal and the following property
owners having
property within
200
feet notified:
By Whom
Name
Date
Phone or Mail
Notified
. Joseph Powers, 4544 2nd Street N.E.
Mr. & Mrs. Jerry McKnight -4607 2nd St.
Mr. & Mrs. William Buster,4620 2nd St.
Mr. & Mrs. Harvey Rolstad, 4608 2nd St.
Mr. & Mrs. Theodore Willman, 4603 MAIN St.
Ms. Audrey E. Sepple, 4615 Main St.
Mr. & Mrs. Roger Frakie,4548 2nd St.
John Jacobson,4540 2nd St.
Mr. & Mrs. Norman Roseth, 4532 2nd St.
Ruth Evans, 4528 2nd St.
Gladys Switzer4650 Johnson St. N.E.55421
Mr: & Mrs. Norman Drews,4533 Main St.
Mr. & Mrs. Einar Johnson,4555 2nd St.
Mr. & Mrs. Michael Nordstrom,4543 Main
Mr. & Mrs. Thomas Knaus,4567 2nd St.
Ms. Fern A. Dennis, 4579 2nd St.
Mr. & Mrs. Donald Richtsmeier,4591 2nd St.
Bruce Herrick, 4553 Main St. N.E.
Mr. & Mrs. Sheldon Bergquist, 4573 Main St.
Harlen H. Menk , 4591 Main St. N.E.
15"""r 3 C,
Of *-
3 �
Item #7, March 14, 1978
ADMINISTRATIVE STAFF REPORT
4560 2nd Street N.E.
A. PUBLIC PURPOSE SERVED BY REQUIREMENT:
Section 205.053, 4, A, requiring a front yard setback of 35 feet.
Public purpose served is to allow for off-street parking without
encroaching on the public right of way. Also for aesthetic con-
sideration to reduce the "building line of sight" encroachment
into the neighbor's front yard.
Section 205.053, 4, C, requiring a rear yard setback of 25% of the
lot depth.
Public purpose served is to provide desired rear yard space to be
used for green area whcih enhance the neighborhood.
B. STATED HARDSHIP:
I would like to line my house up with those on 2nd Street and build
a 3 -car garage to house cars, storage and hobby shop.
C. ADMINISTRATIVE STAFF REVIEW:
The existing garage will be removed. The "rear yard" encroachment is
adjacent to an alley which is unsurfaced, but still in use. Both
boulevards.in the area are about 12 ft: wide. The front (east side)
of the existing garage is shown to be 24.25 feet from the property
line on 2nd Street, and a field check shows it to be in line with the
neighboring houses. The new house is proposed to match this alignment.
APPEALS C01414ISSION MEETING - MARCH 14,' 1,278 Page 18
Mr."'Gazda wanted to know how the street improvement would effect
their property.
• The Appeals Commission did not have an exact answer for Mr. Gazda.
They informed him that he would be notified of a Public Hearing once
all the details were worked.out.
Chairperson Schnabel said that if they have an existing blacktop
area, they would be better off using that area than to require them
to blacktop any additional part of the property when it may not fit
into their long-range pians.
Mr. Barna said that it would be more economically feasible to
alloy., the -continuation of the present parking facilities.
Mr. Moravetz indicated that the Gazdats would have the same
three alternatives that had been offered to the previous petitioners.
MOTION by Mr. Kemper, seconded by Mr. Barna, to close the Public
Hearing. Upon a voice vote, all voting aye, the motion carried
unanimously. The Public Hearing was closed at 10:33 P.M.
MOTION by Mr. Barna, seconded by Mr. Plemel, that the Appeals
Commission recommend approval of the request for variances of the
Fridley City Code as follows:
Section 205.07509E,1, to allow the required off-street parking
stalls to be located in"the front yard as presently existent;
Section 205.075,19E0, to allow the parking stalls to be located
zero feet from the front side property lines; .
to allow continuation of existing parking in front and/or side yard on
Lots 25 and 269 Block 9, Hyde Park, the same being 5961 Main Street NE,
Fridley, Minnesota,
UPON A VOICE VOTE, all voting ayeq the motion carried unanimously.
7. REQUEST FOR VARIANCES OF THE FRIDLEY CITY CODE AS FOLLOWS:
SECTION 205.053,4,A, TO REDUCE THE REQUIRED FRONT YARD SETBACK
FROM 35 FEET TO 24.25 FEET; AND SECTION 205.053,4,02 TO REDUCE THE
REAR YARD SETBACK FROM THE REQUIRED 33 FEET TO 28 FEET; TO ALLOW
THE CONSTRUCTION OF A DWELLING AND GARAGE OA—LOTS 2'
BLOCK 139 PLYMOUTH ADDITION, THE SAME BEI560 2ND STREET NEI
FRIDLEY, MINNESOTA. (RE�),UEST BY JOSEPH PO,MRS —4,
FRIDLEY, MN 55421.) 44 -2nd T4?EL'T NE,
MOTION by Mr. Barna, seconded by Mr. Kemper, to open the Public
Hearing. Upori a voice vote, all voting aye, the motion carried
unanimously. The Public Hearing was opened at 10:38 P.M.
APPEALS COMMISSION MF TING - MARCH 14,,1978 Page 17
ADMINISTRATIVE STAFF REPORT
A. PUBLIC PURPOSE SERVED BY REQUIREMENT:
Section 205.075,1,E,1, prohibiting parking in front yard.
The purpose served is to reduce visual pollution in the front
yard.
Section 205.075,1,E,3, prohibiting parking any closer than five
feet from the property line.
The purpose served is to reduce visual pollution in areas adjacent
to lot lines and to separate parking with landscaped areas.
B.. STATED HARDSHIP:
Property has had off-street parking for approximately 18 years,
ever since the structure was constructed.
C. ADMINISTRATIVE STAFF REVIEW:
The Code sections involved are for R-3 Zones. The duplex is an -
R -2 use, but the code sections are identical; therefore, the R-3
sections are used. The rear of the lot is serviced by an alley
and adequate parking can be provided off the alley. Removal of the
front yard parking would improve the looks of the front yard.
Chairperson Schnabel asked if there was a rear exit to the building.
Ms. Gazda said that there was a rear exit but there was no
sidewalk and the yard sloped upwards.
Ms. Gazda also explained that another hardship was the fact that
her grandmother, her mother,- her brother, her husband and herself
occupy the duplex. She said that her grandmother was deaf and dumb
and her brother was blind and it was easier for them to access from
the•front of the building. She said that there was no sidewalk at
the rear access.
Chairperson Schnabel suggested that before the item went to.City
Council that the stated hardship include the fact that-there'were
handicap people living in the duplex and there was better/easier
`access to the building through the front entrance.
Ms. Gazda said that it was in the long range plans to add a garage
in the rear yard. She said that at that time the rear exit would be
improved and made more accessible; however she would still want to
maintain the front parking area.
Mr. Kemper asked if the existing parking area in the front of the
building was paved.
Mr. Gazda.said that it was blacktop surface.
Mr. Moravetz said that there was enough blacktop on the property
to accommodate four cars.
APPEALS COMMISSION MEETING - MARCH 142 1978 Page 19
ADMINISTRATIVE STAFF REPORT
1-, PUBLIC PURPOSE SERVEDB_ Y RE95IR ,]HENT:
Section 205.053,49A, requiring a front yard setback of 35 feet.
Public purpose served is to allow for off-street parking without
encroaching on the public right of way. Also for aesthetic
consideration to reduce.the "building line of sight" encroachment
into the neighbor's front yard.
Section 205.053,4,C, requiring a rear yard setback of 25% .of the
lot depth.
Public purpose served is to provide desired rear yard space
to be used for green area which enhance the neighborhood.
B. STATED HARDSHIP -
I would like to line my house up with those on 2nd Street and
build a 3 -car garage to house cars, storage and hobby shop.
C. ADMINISTRATIVE STAFF REVIEW:
The existing garage will be removed. The "rear yard" encroachment
is adjacent to an alley which is unsurfaced, but still in use.
Both boulevards in the area are about 12 feet wide.' The front
(east side) of the existing garage is shown to be 24.25 feet from
the property line on Second Street, and a field check shows it
to be in line with the neighboring houses. The new house°is
proposed to match this. alignment...
APPEALS COMMISSION MEETING - MARCH 142 1978 P age.20
.Chairperson Schnabel reiterated that the lot was vacant except for
a -garage that was facing Second Street. She also said that there was- {
a cyclone fence in existence.
Mr. Powers had a survey and a sketch of the proposed house. He
said that the garage that was on the property would be removed.
Mr.'Plemel confirmed the fact that the house would be 42 feet long,
28 feet deep, plus a three -car attached garage.
Mr. Powers said that was what. he wanted to build on that.lot.
Mr. Moravetz said that there would be 21% lot coverage if the
proposed house.was constructed with the attached garage. He said
that there would be no corner encroachment.
Mr. Powers explained that the variance requests were being made
so his proposed house would conform with the other houses on the
block.
Mr. Powers said that he was aware of the fact that he could
construct the house differently. He said that the plans that he was
showing the Commission was what he wanted to b.e able to build.
Mr,. Kemper asked if Mr. Powers would build the house.
Mr. Powers said that he would contract -out the building of the
proposed house. He said he would begin construction as soon as,he
received the necessary permits.
Chairperson Schnabel questioned the "hobby shop" that Mr. Powers
had stated plans • to have.
Mr. Powers said it would be entirely for his personal hobby. He
said that no outside business would be handled from the hobby shop.
He said that he planned to have a double garage door with driveway
and than a single garage door with no driveway. He said that the single
garage would be mainly for storage and a.small hobby shop/workbench.
Mr. Powers wanted to know why he needed a 33 foot rear yard
setback.
Mr. Moravetz said that the rear yard setback was to be 25% of.the.
lot depth. He explained that in Mr. Powers' case it was 33 feet.
Mr. Kemper said that it seemed to be a good use for the lot.
APPEALS COMMISSION MEETING - MARCH 141 1978 Page. 21
MOTION by Mr. Kemper, seconded by Mr- Plemel, to close the
-Public Hearing. Upon a voice vote, all voting aye, the motion carried
unanimously. The Public Hearing was closed at 10:51 P.M.
Chairperson Schnabel said that her main concern was that no
outside business be conducted from that garage area.
MOTION by Mr- Plemel, seconded by Mr. Barna, that the Appeals
Commission approve the request for variances of the Fridley City Code
as follows:
Section 205.053,41A, to reduce the required front yard .setback
from 35 feet to 24.25 feet;
Section 205.053,4,C, to reduce the rear yard setback from the
-required 33 feet to 28 feet;
to allow the construction of a dwelling and garage on Lots 1 and 21
Block 131 Plymouth Addition, the same being 4560 2nd Street NE,
Fridley, MN.
UPON A VOICE VOTE, all voting aye,'the motion carried unanimously -
Chairperson Schnabel explained that the requests had been
approved and Mr. Powers could apply for his Building Permit -
8. REQUEST FOR VARIANCE OF FRIDLEY CITY CODE, SECTION 205.053,4,6,
TO REDUCE THE SIDE YARD ADJOINING LIVING AREA, FROM THE REQUIRED
10 FEET TO 5 FEET, TO ALLOW THE CONSTRUCTION OF A DWELLING AND
GARAGE ON LOT 11, BLOCK 71 INNSBRUCK NORTH, THE SAME BEING,
5505 MATTERHORN DRIVE NE, FRIDLEY, MN. {REQUEST "BY
EDWARD W. FUERSTENBERG, 5516 REGIS DRIVE NE, FRIDLEY, MN 554321•
MOTION by Mr. Barna, seconded by Mr. Plemel, to open -the Public
Hearing. Upon a voice vote, all voting aye, the motion carried
unanimously. The Public Hearing was opened at 10:53 P•M-
ADMINISTRATIVE STAFF REPORT
A. PUBLIC PURPOSE SERVED BY REQUIREMENT:
Section 205.053,418,1, requiring a 10 foot side yard setback for
living area in an R-1 zone-
Public purpose served by this section of the code is to maintain
a minimum of 20 feet between living areas in adjacent, structures
and 15 feet between garage and living areas in adjacent structures,
to reduce the exposure to conflagration of fire. Also to allow
aesthetically pleasing open areas around residential structures.
J
APPEALS COMMISSION MEET_I_NG MARCH 14, 1978 Page 22
B. STATED HARDSHIP: J
House as designed doesn't fit the lot
C- ADMINISTRATIVE STAFF REVIEW:
The lot is below street level with several yards of fill. The
house to the north is under construction, and will be ten feet
from the common property line. The lotto -the South is vacant.
House plans and lot survey are not avai.l.able. at this writing.
Mr.-Mor-avetz said that since there wasn't a real hardship,
Staff wanted to see the size of the proposed house reduced,.thereby
negating the necessity of the variance. He said that if the house
was to be built, Staff suggested crowding the South line of the property
because the property South of this lot was also,o.wned by
Mr. Fuerstenberg and he planned to build a h-ou'se'`f-or his private
occupancy on that lot. Mr.,Moravetz said that the Building Inspector
may require.soil borings.
Mr. Fuerstenberg said that he had already agreed to place the
house to the South of the property. He said that he knew he could
build a two-story house on that lot without obtaining any variances,
but he felt that the proposed house would look better on that Lot.
Mr. Fuerstenberg had house plans and lot survey at the meeting.
Mr. Eugene Klumb of.5502 West Danube and M'r. Roger Hertel of
5501 West Danube were at the meeting regarding this item.
Mr. Klumb said that Mr. Fuerstenberg's house plans called for
an overly large overhang. He didn't like it at all.
Mr. Fuerstenberg said that he felt it would be a very attractive
house that wouldn't take away from the area.
Mr. Klumb wanted to know what would be done about the "hole" to
the rear of the property.
Mr. Kemper a.sked how much of the rear yard would-be useable area.
Mr. Fuerstenberg explained on the drawing the exact useable space
on the lot. He said that the culvert divided the properties in the rear.
He said that actually very little of the culvert was located on the lot
in question. He said that most of the lot's rear yard would be filled
in and compacted.
Mr. Hertel said that he thought the house planned for the lot
was nice; but he didn't feel that the neighborhood should be
compromised. He said that he,was aware of the lot and of the codes.
He felt that Mr. Fuerstenberg should stay within the codes -and not
be granted -any variances. He said that the house should be built to
fit the lot and not vary the lot to fit the'house.
BRU T. `°Y~e LOT SURVEYS COMPANY RAYMONDb91IIDAHO AVEC. N.
300 BRUNSWICK AVE. S.
GOLDEN VALLEY. MINN. LAND SURVEYORS BROOKLYN PARK, MINN.
REGISTERED UNDIEM LAWS Or STATE Or ACUMMTA
LICENSED SY oBnINANCE Or CITY OF MINNEABOLIS
INDUSTRUDICIAL Minneapolis, Minnesota 55U8 cE No. 6$$3
INVO
COMMERCIAL
- TOPOGRAPHICAL Ourbepor� (Certificate F 1 B>�xIt 6_24
CITY LOTS - PLATTING
SCALE: 1" 301
BRUCE N EDEGAAR D
Averiae lqE
— 12 cj . 09 —
z5.0
Lots 1 and 2, Block 13, Plymouth, Anoka County,
Minnesota.
We hereby certify that this is a true and correct representation of a survey of the boundaries of the above described
property, and of the location of all buildings, if any, fhereon, and all visible encroachments, if any, from or on said land.
This survey is made only in connection with a mortgage loan now being placed on the property and no liability is as-
sumed except to the holder of such mortgage or any other interest acquired by reason ofsuch orfgage. If is undec
'
stood and agreed no monuments have been placed for the purpose of *#!A"
ste ng lot lines or C. rye rs.
2 rda 3.$ Signed
Surveyed by us this ey of �, 19.�
61ZT SURVEYS COMPANY 1-;"e'
"oEam SECSO�iae4gPIC. LAND SURVEYORS
10130 HIGHWAY 65 NORTHEAST — MINNEAPOLIS, MINNESOTA 55433 Telephone
784-5480
• j 3 C r,
Certificate of Survey: A c) A ' C L A G G E`r-r 3= (w ,"jv
46`x' AVE. N.Ee
129 09
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1.¢x(.4 "1 , ' 'N :0
102,40 CALM.
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-. ` .� ,.yis"M SAFETY C r. ;�L `n, i..
2.� Q .Q-rjlp0 w� DO ".OT PLANT CR t.4X E ;,t
TONG IN THIS AREA t•• THOLI a 1
-.I PROVAL Of THE CITY OF ; l 0r i
3. s3 : 1-5-F SGALE:�
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11.3 r �� -6Ai2AG>=' -` Z( 3050-12-�
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74-.G
0.2• �•. W000 Fat4cE
THE CITY 10F FRIDL£i t OES NOT GUARANTEE THE
ACCURACY OF UMLny CATIONS AND ELEVATIONS. I I
THIS DATA IS FOR INFO;L TION PUP'POSEd ONLY AND
:: rSONS USING R SHOULD VERIFY THE INFORMATION
30 DAY NOTICE: a" _ � 1 Y EIS W:. (%rrU
� ut;iities
MP
RE
LEGAL. DESGRJ�Tji�i�� A!`ID E;E: ;,t�r.%l�. EtatGAS t�
AT DRIVEWAY OPENINGS.
Lots I and 2. Black 13, Plymopth, Anoka County, Minn a.
1 HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT REPRESENTATION OF A SURVEY OF THE BOUNDARIES
OF THE ABOVE DESCRIBED LAND, AND THE LOCATION OF ALL BUILDINGS, THEREON, AND ALL VISIBLE EN-
CROACHMENTS. IF ANY, FROM OR ON SAID LAND.
AS SURVEYED BY ME THIS ... 21St......DAY OF........ M ...........................A.D. 19.71.....
{.
N. C. HOIUM AND ASSOuATE.1, INC. _ LAND SURVEYORS
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7( )1 f 67
RELEASE OF TEMPORARY EASEMENT
KNOW ALL MEN BY THESE PRESENTS, That the City of Fridley, a
Minnesota Municipal Corporation, does hereby forever release and
discharge those certain tracts of land lying and being in the
County of Anoka, State of Minnesota, described as follows,
to -wit:
A temporary easement for storm sewer and utility
purposes over a part of the following described parcel:
Lot 1, Block 13, Plymouth, City of Fridley, Minnesota.
Said easement is described as a temporary construction
easement described as the North 25 feet of Lot 1,
Block 13, Plymouth, City of Fridley, Minnesota
from those temporary easements awarded in that certain action
in the District Court in and for the County of Anoka, State of
Minnesota, District Court File No. 26120, the Certificate of
Attorney for Petitioner.which was recorded in the Office of the
County Recorder in and for the County of Anoka, State of
Minnesota, as Document #286658, Book 714 Miscellaneous, Page 406,
on the 26th day of April, 1966, which temporary easements are
fully released and forever discharged, subject to those permanent
easements contained in the above described proceeding which
remain of full force and effect.
IN TESTIMONY WHEREOF, the said Minnesota Public Corporation
has caused these presents to be executed in its corporate name by
its Mayor and City Manager and its corporate seal to be hereunto
affixed this 24th day of February, 1986.
CITY OF FRIDLEY
BY: lktt
J- William J. Nee
Its Mayor
Nasim M. Qureshi
Its City Manager
STATE OF MINNESOTA )
ss.
COUNTY OF ANOKA )
The foregoing was acknowledged before me this 24th day of
February, 1986 by William J. Nee, the Mayor, and by Nasim M.
Qureshi, the City Manager, of the City of Fridley, a Public
Corporation under the laws of Minnesota, on behalf of the
Corporation.
pct -
THIS INSTRUMENT WAS DRAFTED BY:
HERRICK & NEWMAN, P.A.
6279 University Avenue Northeast
Fridley, MN 55432
V Y^£ V. N.ORAV TZ
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1988
ENTERED
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Auditor, A n3ta,C/ounty
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