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VAR 07.75City of Fridley SUBJECT ' ., . AT THE TOP OF THE TWINS APPLICATION TO BOARD OF APPEALS • ______ COMMUNITY DEVELOPMENT DIV. L r PROTECTIVE INSPECTION SEC. 1 = ° 1---1 ° CITY HALL FRIDLEY 55432 NUMBER REV. DATE PAGE OF APPROVED BY 612-560-3450 910-F23 1 3/21/75 1 2 800 Name Address Phone Q jydl 14 Legal LotBlock No. Tract or Addn. Description 4o. u1 %rj,wo Variance Request(s); including stated hardships (attach plat or survey of property showing building, variances, etc., where applicable) Fye Own q'Aj" IMA J pct ZS _L„14-!(t.i yc"Tl U) Date Meeting Date Fee Receipt No. Signature xas s pui Comments & Recommendations by the Board of Appeals a � � AtE -9 ZA City Council tion and Date 14 /y' .� City of Fridley AT THE TOP OF THE TWINS rj � ' COMMUNITY DEVELOPMENT DIV. '_____ r PROTECTIVE INSPECTION SEC. `1 S � •__� '•�;'� CITY HALL FRIDLEY 55432 �• 612-560-3450 sUBacr APPLICATION TO BOARD OF APPEALS (Staff Report) NUMBERHEV. 910-F23 1 DATE 3/21/75 PAGE OF 2 2 APPROVED BY 800 Staff Comments Board members notified of meeting by date notified, and "Yes" or "No" for plans Name WILLIAM DRIGANS List members, to attend hearing. Plan Date To Attend PATRICIAL GABEL RICHARD KEMPER JAMES PLEMEL VIRGINIA WAHLBERG Pearson making appeal and the following property owners having property within 200 feet notified:By Whom Name Date Phone or Mail Notified Richard L Rudolph 185 49th Avenue N.E. Jam s W Frank Tfiomas Kwatera 161 49th Avenue N.E. Arne Simen aard 149 49th Avenue N.E. Regina Markwood 137 49th Avenue N. -E. Ralph Bennethum 112 Pilot Avenue Robert McMartin 124 Pilot Avenue Stanley J. Niznick 136 Pilot Avenue i —�3�� Clemena L. Kellner Pilot Thomas E. Janutka David Oja 4924 Roman Road Thomas Vondrok 4880 2nd Street George A. Green 4881 - 2nd Street Theodore Thoennes 4880 - 2nd Street Kathleen R. Langer 4875 - 21/2 Street a OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEOFR THE APPEALS COMMISSION TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN THAT The Appedl.s Commission of the City of Fridley will meet in the Council Chamber of the City Hall at 7:30 P.M. on Tuesday, July 29, 1975 to consider the following matter: A request for a variance of the Fridley City Code, Section 205.053, 4, A, to reduce the front yard set back from 35 feet to 25 feet to permit construction of an attached garage, to be located on Lot 4', Block 1, Carlson's Summit Mannor, South Addition, the same being 149 - 49th Avenue N.E., Fridley, MN 55432. (Request by Arne Simengaard). Anyone who desires to be heard with reference to the above matter will be heard at this meeting. WILLIAM A. DRIGANS CHAIRMAN APPEALS COMMISSION D Z cn M m m z SCALE- r-50' PILOT* AVENUE 49th.'AVENUE N.E.. J heraLy err!i: thrit t1w nbuva is a surrry.iif 14tm ehia (1) L'uro:gh yi�tRen (lv)• Bloc. Vue -M. Jti:L:CI':. a,:w'aT A:ti:O;i ;CU Tt A?iT:jFL;:. Anot,e County. Yinncrota. . shOlaL the. location of the houses on maid lots. /a surveyed by :ae this 25th dey of !✓perch 1954 A. D. a • •j,it�nF.90Le :wciatrati5n tw.2$fila . . THE MINUTES OF THE APPEALS COMMISSION MEETING OF JULY 29, 1975 The meeting was called to order by Chairman Drigans at 7:35 P.M. MEMBERS PRESENT: Drigans, Gabel, Plemel, Kemper, Wahlberg MEMBERS ABSENT: None OTHERS PRESENT: Howard Mattson, Engineering Aide APPROVAL OF BOARD OF APPEALS SUBCOMMITTEE MINUTES OF JULY 15, 1975 MOTION by Plemel, seconded by Kemper, to approve the Board of Appeals Subcommittee minutes of July 15, 1975 -as -written. Upon a voice vote, there being no nays, the motion carried unanimously. Item #1. A REQUEST FOR A VARIANCE OF THE FRIDLEY CITY CO 205.053. 4A. TO REDUCE THE FRONT YARD SET BACK LOCATED ON LOT SUMMITT MANOR, SOUTH ADDITION THE SAME BEI 149 - 49TH AVENUE N.E. FRIDLEY, MINNESOTA 55432. ,L -.J 1 L.N Y 1 1'11\. MOTION by Wahlberg;seconded by Gabel, to open the public hearing. Upon a voice vote, there being no nays, the motion carried. Mr. Arne Simengaard was present and was asked to explain the reason for his request. He explained that he.is-going to build a garage and thought it would be nice to put it out 5 feet in front of the house because in the back there is a drop off. He also wants to save the kitchen window. The house right now is 30.1 feet from the lot line. Mr. Drigans remarked, do you have a survey of all the property in the area. (yes ) Drigans expl•ained,as you know this is a non -conforming street to the City Code. (yes)• Drigans asked Simengaard when the properties on this particular street were plotted out and he replied March 25, 1955. Wahlberg asked if Simengaard has a drawing or sketch of his -plans. Simengaard remarked that the garage would be 18 feet wide and 26 feet deep and as far over to the lot line as possible. The roof of the garage would be contoured to the house to make it more attractive. Wahlberg asked A f Simengaard was going to construct the garage himself. (no) Drigans asked Simengaard what he felt the hardship was in relation to the request for the construction of the garage. Simengaard replied, the blocking -off of the kitchen window and the building of a deeper foundation into the sloping grade which drops about two feet from the back of the house. WaNberg .asked if there were any other attached garages on 49th Avenue.. Simengaard replied yes, there is one at 137 - 49th Avenue N.E. 2 `^ The Minutes of the Appeals Commission Meeting July 29, 1975 Wahlberg asked if Simengaard intended to surface the driveway and Simengaard replied yes he did intend to surface the driveway. Drigans asked if Simengaard had talked to any of his neighbors, Simengaard said he talked to the ones at 161.and 137 - 49th Avenue and neither of them had any comments on him building a garage. Drigans asked who were the constructors of this particular house. Simengaard replied, Carlson Construction Company. Drigans asked what material was used for siding on this particular house. Simengaard replied, with shakes,and I intend to continue to use shakes on the garage to tie it to the house just as the roof line of the house will tie together with the garage. MOTION by Plemel, seconded by Gabel, to close the public hearing. Upon a voice vote, there -being no nays,'the motion carried. The Board discussed the variance and proposed a motion. MOTION by Kemper, seconded by Wahlberg, that the request for a variance submitted by Mr. Arne.Simengaard relative to reducing the front yard set back from 35 feet to 25 feet at Carlson's Summitt .. Manor, South Addition, The Same being 149 -49th Avenue N.E., Fridley, - Minnesota 55432, be approved.. Upon a voice vote,.there being no nays, the motion carried. Item #2. A REQUEST FOR VARIANCE OF THE_FRI_DLEY CITY CODE, SECTION 205.053 THE ALLEY, TO PERMIT CONSTRUCTION OF A DETACHED GARAGE, TO BE THE SAME BEING 4761 MAIN STREET N.E., FRIDLEY, MINNESOTA 55432. REQUEST BY JAMES W. BILLERBECK . MOTION by Gabel, seconded by Kemper., to open the public hearing. Upon a voice vote, there being no nays, the motion carried. Mr. James W. Billerbeck was present and was asked to state his request. He explained that a building inspector was out and two or three contractors to look at his.back.yard and about the only place that I can put the garage without killing the fifty year old Maple Tree would be 20 feet from_ the alley. Drigans asked if it was a driveable alley where Billerbeck wants to put his garage.. (yes) Billerbeck explained that he thought moving the garage 5 feet closer to the alley would leave enough room•to park cars without hedging on the alley. I have talked to my neighbors and they had no comments. I have lilac hedges on three sides so it would not be an eye sore. If I can put it in this way I can also match the roof the same angle as the house roof. Otherwise I will have to build a narrow long garage. Gabel asked who maintains the alley in the winter time? He thought the City of Fridley did. REGULAR COUNCIL MEETING OF AUGUST 18, 1975 PAGE 5 PIayor Nee restated the question before the Council and said the petitioner had indicated he could not build an economically viable business without the variances. He also mentioned the City Council would have the possible option to deny the request and may face a request to construct a gas station at that location within the frame- work of the requirements. He mentioned the petitioner said this is a viable proposal and the applicant felt he could not live with the access and egress only on 79th. Mayor Nee asked if the.City had received the application for the rezoning of the property. He said this should be received before any construction. MOTION by Councilwoman Kukowski to approve the proposal before the Council with the following stipulations: 1. Extensive landscaping on the site; plan filed witn Mian m ng uepar,L.1 n1 . 2. Berming to be of sufficient height to protect the residents from automobile lighting. (as indicated on the plans) 3. Additional plants (as marked on the plans). 4. Entire building would be brick. 5. Buffer plantings incorporated with berm. 6. Lighting focused down so as not to shine into the residential property owner's windows. 7. All blacktop adjoining green area to be separated by poured concrete curbing. 8. No egress from the development onto East River Road; ingress only. 9: Refuse area should have solid screen,•no gate opening onto the service drive, the portion not•being used for refuse storage and handling to be used for plantings. • 10. Sidewalk connection constructed to Lincoln Street. If an agreement cannot be reached between Meridian and Fudali, the sidewalk connection should be constructed anyway, but only on Meridian's property. This will offer property protection from nearby residents. 11. Parking moved down to 20 feet to pick up additional room to enable cars to face in instead of against each other. 12. Applicant will petition the City,for rezoning from C -2S to C-1 and there will be no contest on zoning change in the future. 13. Easements to be dedicated to the City of Fridley as noted on attached map. 14. Applicant will construct a deceleration lane from the driveway abutting East River Road to the south. The deceleration lane is to be a 12 foot wide bituminous section with a 2 foot gravel shoulder and is to extend southward from the driveway entrance 100 feet southward from the south radius and then taper at 15:1 to tie back into the existing roadway. The typical section shall consist of 8" Class V base, 12" asphalt binder course (MHD 2341) and l ' asphalt wesring course (MHD 2341). All con- struction shall he in accordance with the Minnesota Department of Highways Standard Specif'cation= for Highway Construction dated January 1, 1972, and as :amended by Supplemental Specification for Highway Construction dated January 1, 1974. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declarer' the motion carried unanimously. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF AUGUST 6, 1975: CONSIDERATION OF THE APPEALS COMMISSION MEETING OF JULY 29, 1975: A REQUEST FOR A VARIANCE OF THE FRIDLEY CITY COD_F SECTION 205.053, 4A, TO REDUCE hhlf' �R( ITYI�Rf) SET TACK FR�t TFEFT TO 25 FEET TO PERMIT CQNSTIZUCTION OF AN A -1'i 0 GAGJ�(� TUBE-Tb�AT[D �fJ 1.71T-4, BLOCK 1 , CARLS-04 -S UMMITT MANOR, S'OUTN ADDITION TI!E SA�1E QEIhJG 149-n9iH AVEP�UE N. E. FRIDLEY, P1hNiJESOTA 55432 II;EQUE GY MR. RME Sl(7lETAARD� REGULAR COUNCIL MEETING OF AUGUST 18, 1975 PAGE 6 63 The Public Works Director explained the request as listed in the heading. He said the existing house is 30 feet from the property line and with the proposed construction of the garage the structure would be five feet in front of the building. He explained there was no opposition to the request voiced at the public hearing of the Appeals Commission. MOTION by Councilman Fitzpatrick to approve the request for the variances as requested by Mr, Arne Simengaard. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. A REQUEST FOR A VARIANCE OF THE FRIDL.EY CITY CODE, SECTION 205.053, 4B, 5B, TO The Public Works Director explained the request and said this was requested in order to save a tree on the property. He said with the reduction to 20 feet any parking in the driveway.may encroach in the alley. He said the petitioner had indicated that this Would not be a problem and that he would keep the car in the garage or drive up against the garage door if the City Council concurs in the request. MOTION by Councilman Fitzpatrick to approve the variances as requested by Mr. James W. Billerbeck, 4761 Main Street N. E. Seconded by Councilwoman Kukowski. Upoin a voice vote, all voting aye, Mayor. Nee declared the motion carried unanimously. A- crn TT , c ��_nti FRTniFY ASCFMRIY OF GOD CHURCH: SPLIT OFF THAT MOTION by Councilman Breider to table the consideration until the request for the vac&i;ion is heard by the Council. Seconded by Councilwoman, Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously VACATION REQUEST SAV #75-09, FRIDLEY ASSEMPILY OF GOD CHURCH, VACATE THE 12 FOOT 1 n'r C QKI�A n i BLOCK 1 , OSB_ORNE ILANOR 1 Ri1PFRTY L1PlE, THE SA MOTION by Councilman Breider to set a public hearing on the matter of the vacation request by Fridley Assembly of God Church for September 15, 1975. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. VACATION REQUEST, SAV #75-05, BY RICHARD 11OK, VACATE THE 6 FOOT DRAINAGE AND UTILITY -F Ei:T1EI` I IIF -QF Lei 6 }1���CK�, CL R� K AUOI710N, TI— E -SAME 1;EIi�`'t; 65Ti i%,i:1TIClY-STRT"1`l-i�F� MOTION-, Councilman Breider to set the public hearingon the matter 'of the vacation request by Richard Kok for September 15, 1975. Seconded by Council- woman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the mot•icr carried unanimously. CONSIDERATION OF PROPOC:U PLAT, P. S. ,'75-02, HENRIKSEN ADOITION, BY LEIF HENIIiKSEI7, L'CI(vG A^kEPi_itT OF PARTS OF LOTS 33 AND 35, AUDITOR'S SU6[?IVI 1ON 140. 77 GENERALLI' i_C)C�ITEDNEST_ i)F EAST 12IVEk_ Ft0;1D AiID SOUTH OF LOGAN P RKWAY: MOTION by Councilman Breider to set the public hearing on the matter of the proposed plat, P. S. #75-02 by Leif Henricksen. Seconded by Councilwoman Kukovrs4:i. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. VACATION i'.',:QUPST, SAV 141175-10, BY ROBERT HINRICHS_ VACTE THE 10 FOOT DRAINAGE �1ND UTILITY FA:EP°rf i THAT L.IEJi)N -9___5 AND 6 CLOCK 1, BROOKVIE_W TCWP CE 2,TU ADDITION, i(lF S!`,i•1 [ (ITIG 9r;1 �'D iOJi_RICE CI:CEk TE!'UW1 MOTION by Coulcilman Breider to set the public hearing on the matter of the vacation of the draina)e and utility easement for September 15, 1975. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee `._ declared the motion carried unanimously. 560-3450 L _ V4i„ cii•i+�'� ANOKA COUNTY ` 6431 UNIVERSITY AVENUE NE FRIDLEY, MINNESOTA 55421 • II� August 22, 1975 Mr. Arne Simengaard 149 - 49th Avenue N.E:1--;11-.61 ` Fridley, Minnesota 55432 Re: City Council-Board of Appeals Action Taken Notice Dear Mr. Simengaard:. On August 18,1975 the Fridley City Council officially affirmed the recommendation of the Board of Appeals that your variance request(s) be approvedwith the stipulations listed below. Copies of the approved minutes of the Aug. 18,1975. Council meeting will be available Sept. 22,1975. Approved variances are valid for one year from the date of Council approval and may be renewed prior-to expiration. Variances that have expired must be re-requested. If you have any questions, please call.the Community Development Office at 560-3450, Ext. 41. WARD G. MAT ON Community Development Office HGM/mh A G E N D A A P P E A L S C O M M I S S I O N JULY 29,1975 7:30 P.M. ITEM #1. A REQUEST FOR A VARIANCE OF.THE FRIDLEY CITY CODE SECTION 205.053, 4A, TO REDUCE THE FRONT YARD SET BACK FROM 35 FEET TO 25 FEET TO PERMIT CONSTRUCTION OF AN ATTACHED GARAGE TO BE LOCATED ON LOT 4, BLOCK 18, CARLSON'S SUMMIT MANOR, SOUTH ADDITION, THE SAME BEING 14.9 - 49TH AVENUE N E , FRIDLEY, MINNESOTA 5.`.432. (REQUEST BY ARNE SIMENGAARD) . ITEM #2. A REQUEST FOR A VARIANCE OF THE FRIDLEY CITY CODE, SECTION 205.053, 4B, 5B, TO REDUCE THE REAR YARD DEPTH FROM 25 FEET TO 20 FEET FROM THE ALLEY, TO PERMIT CONSTRUCTION OF A DETACHED GARAGE, TO BE. LOCATED ON LOTS 25 & 26, BLOCK 5, PLYMOUTH ADDITION, THE SAME BEING 4761 MAIN STREET N.E., FRIDLEY, MINNESOTA 55432. (REQUEST BY JAMES W. BILLERBECK).