VAR 06.71APPLICATION TO THE BOARD OF APPEALS AND CFTC CGiNWIL
FOR SPECIAL USE PERMIT, VARIANCE IN RREQUIRLMENIS OF
CERTAIW ORDINANCES OF THE CITY OF FRIMEY
(Applicant to complete items 1, 2, 3)
1. Name and Address of Applicant
v e,
-AYE_ 11,7
2. Legal Description of Property (also general locaticn, such dd;"north-
east corner of 64tH Avanue and 5th Streett0 or 6415 Fifth Street")
3. Describe the variance requested. (Attach Plat or Survwy nt rro"rty
showing location of proposed building, etas., also ad,joiniag proparties
and ownership within 200' of said property.)
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4. Comasuts by administrative official denying original request for building
perait or other permit. (To be completed by admin'_brrstiva officiAl.
Appropriate ordinances and section of ordinance --4 to be cited.)
I
S. Notice of Hearing ap e
dates: 4
(must be at least once
attached).
-2-
in Official Newspaper an the following
meeting -• copy of notice to
d. Board Members notified of meeting by 't �j , 8 , / 9 g®
(List Members, Date Notified, and "Hes" oru"Nap, for plans to attend
hearing). A
7. Person making appeal and the following property omers having property
within 2001 nuoti€ted;
By Phalle Notified by
same Date or moil (Initial)
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4� .t - �Z e
Cal
Igo The Following Board Members and interested parties were psessnt at the
Hearings
BOARD M8MBERS
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3 -
OTHER PARTIES:
NAME ADDRESS
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9. Opinions and recommendations by BOARD OF APPEALS:
10. For Above Recommendations
L A- ,^
ll.-kction by City Council and Date:
Against•Recommendations
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 15, 1971 to consider the following matter:
A request for a variance of Section 45.053, 4B,
Subparagraph 3, to reduce the side yard adjoining
an attached garage from 5 feet to 3.9 feet to
allow the construction of an attached garage on
Lot 17, Block 2, Swanstrom's Court Addition, the
same being 1385 -53rd Avenue N.E., Fridley, Minnesota.
(Request by Mr. Ray Nelson, 1385 -53rd Avenue N.E.,
Fridley, Minnesota.)
Anyone desiring 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 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 15, 1971 to consider the following matter:
A request for a variance of Section 45.053, 4B,
Subparagraph 3, to reduce the side yard adjoining
an attached garage from 5 feet to 3.9 feet to
allow the construction of an attached garage on
Lot 17, Block 2, Swanstrom's Court Addition, the
same being 1385 -53rd Avenue N.E., Fridley, Minnesota.
(Request by Mr. Ray Nelson, 1385 -53rd Avenue N.E.,
Fridley, Minnesota.)
i
Anyone desiring to be heard with reference to the above matter may be
heard at this meeting.
ROBERT A. MINISH
CHAIRMAN
BOARD OF APPEALS
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1.
THE MINUTES OF THE BOARD OF APPEALS MEETING OF JUNE 152 1971
The meeting was called to order by Chairman Minish at 7:36 P.M.
MEMBERS PRESENT: Minish, Drigans, Sondheimer, Harju
MEMBERS ABSENT: Wall
OTHERS PRESENT: Clarence Belisle -Building Inspector
MOTION by Sondheimer to approve the minutes of the May 25, 1971 meeting as
written.
Seconded by Harju. Upon a voice vote, there being no nays, the motion carried.
Chairman Minish stated to the Board the action taken by the Council on the May 25,
1971 Board items.
Mr. Larry Vogt was present to present the request.
Mr. Vogt presented a sketch of the lot showing the existing house, garage and
driveway locations. Mr. Vogt explained he wants to build a 16 foot by 22 foot
garage, 2 feet from the side lot line, 4 feet from the rear lot line and 8 feet
behind the house. The house has a walk out basement in the rear as the back
yard is 4 feet lower than the front yard. There will be 10 rows of blocks under
the garage with 4 of these being under ground for frost protection. He is using
the blocks under the garage instead of using fill so the driveway will drain toward
the street instead of draining toward the lot behind him as it now does. There
will also be a block retaining wall on either side of the driveway.
Mr. Vogt added there is an old garage on the back of his lot which he intends to
tear down as he does not use it as a garage and which he considers a hazard.
Mr. Harju asked why the garage couldn't be moved further away from the lot line
and more behind the house?
Mr. Vogt answered he would like to have a straight driveway so he would not have
to turn to get into the garage. There are steps, 42 inches wide, that come off
the house toward the driveway which he might hit in the wintertime if he had a
turn in his drive.
Mr. Vogt stated he has a dual driveway with his neighbor and his neighbor is
planning on building the same type of garage and in approximately the same location.
If both garages were built there would be 4 feet between foundations and 2 feet
between overhangs.
Mr. Drigane stated the Board is concerned about having the two garages that close
and asked the applicant if there was any way that he could look at this situation
again to come up with another placement of the garage to try to stay within the
Code.
2.
The Minutes of the Board of Appeals Meettnit- of June 1
Mr. Belisle stated there is a utility easement running behind the lot and if
Mr. Vogt would contact the utility company they might permit him to build
within 3 feet of the lot line so he could move his garage farther back which
would give him more turning area to place his garage further behind his house
and away from the side lot line.
LOTION by Harju to close the public hearing.
Seconded by Sondheimer. Upon a voice vote, there being no nays, the motion
carried unanimously.
MOTION by Harju to table this request indefinitely to allow the applicant time
to go over his plans again to try and come up with a plan that would come closer
to the Code requirements.
Seconded by Sondheimer. Upon a vok a vote, there being no nays, the motion
carried unanimously.
Mr. Verlan Edwards was present to present the request.
Mr. Edwards presented a copy of the plat showing the location of the houses
on the lots and also a drawing of the dwelling with the proposed addition added.
Mr. Edwards stated he wants to push the existing garage wall out 6 feet which
would give him a 20 foot wide garage. The existing house is not parallel with
the lot line so the variance is only needed on the front of the addition which
will be 4.22 feet from the line. The back of the addition will be 5.0 feet from
the line. The house on the adjoining lot is 14 feet from the line so there will
be an excess of 15 feet between structures. The addition will have the same
roof lines as the house and will be flush with the house.
NOTION by D21gans to close the public hearing.
Seconded by Sondheimer. Upon a voice vote, there being no nays, the motion
carried unanimously.
MMON by Drigans to recoartend approval of the requestUm-Ahe Council for the
following reasons®
1. The owner wants to improve his property by changing from a 1 car to a 2 car
garage.
2. The hardship is the lot line is not symetrical to the construction of the
duelling and therefore a variance is necessary.
Seconded by Harju. Upon a voice vote, there being no nays, the motion carried
unanimously.
3.
The Minutes of the Board of Appeals Meeting of June 15, 1971 Page 3
Mr. Howard Beaver and Mr. Bob Nemer were present to present the request.
They stated the proposed sign is the new logo that all the Leib's stores have
changed or are changing to. The new mold for this sign has cost them a lot of
money to have made and they would like to use it on this store. The new sign
is 11 feet 4 inches wide and 6 feet 9 inches high. It has a 4 foot 6 inch unit
it it. The name "Leib's" is the only copy on the sign. The letters will be
black with a white background and a black strip around the outside. It has an
epoxy rock finish on the white background. It will be a single face sign,
illuminated from the back with 11-62 inch high output fluvreseent mss. This is
the standard tube used in this area because of the cold weather.
The Board asked if the other stores in the shopping center had been informed
about this sign.
Mr. Nemer answered the manager of the Leib's store had conferred with the managers
of the other stores and all were in agreement with the sign.
He added they have changed all their boxes and bags to carry this same logo so
all their advertising will tie in together.
Mr. Harju asked if the frame for the aign is necessary as this is what takes
the sign over the square footage requirement.
Mr. Beaver answered that when a company spends a lot of money to get its name
up they want a sign that aesthically looks good but that doesn't really look
like just a sign. He added this sign will be centered over the door and will
be mounted on the brick wall but will not extend over the wall more than 1 inch.
This 1 inch would be to prevent ice build up.
Mr. Sondheimer asked if the existing sign "Store for Women" would be removed?
Mr. Nemer said that it would be removed.
MMON bt Soadheimer to close the public hearing.
Seconded by Harju. Upon a voice vote, there being no nays, the motion carried
unanimous ly .
AfTION by Harju to recommend to the Council approval of the request for the
following reasons:
1. Because of the hardship that would be caused by not using the standard sign
which would be of economic value to them.
2. The variance guested is only 6 square feet more than the existing sign.
.
4.
The Minutes of the Board of Appeals Meeting of June 15, 1971 Page 4
The Board does want to stipulate the sign be placed as low as possible but still
maintain the 4 inches from the canopy.
Seconded by Drigans. Upon a voice vote, there being no nays, the motion carried
unanimously.
Mr. Ray Nelson and lir. Psuerman of Bond Builders were present to present the
request.
Mr. Pauerman stated they are asking for a 1.1 foot variance so the owner can have
an attached double garage. The garage will be 21.5 feet by 24 feet. This is the
smallest in width that they can build the garage, and still be able to get out of
the cars, because of the stoop which extends out approximately 42 inches and
which is 3 risers high. To build the garage back farther would mean using a lot
of fill because of the steep slope to the back yard. He added there will still
be 15 feet between structures if the variance was granted.
Mr. Nelson said the neighbor to the West, Mr. Barta, has written a letter of
11No Objection" to the variance. This letter was submitted with the application
for the variance and was in the file. Mr. Nelson added Mr. Barta was granted
a variance on April 30, 1969 to build the identical garage.
MDTION by Drigans to close the public hearing.
Seconded by Harju. Upon a voice vote, there being no nays, the emotion carried
unanimously.
MTION by Sondheimer to recommend to the Council approval of the request for the
following reasons:
1. There exists a hardship because of the sloping grade toward the North and
West in the back yard.
2. Because of the existing stoop arrangement on the house.
3. The neighbor to the West received a similar variance on April 30, 1969.
Seconded by Harju. Upon a voice vote, there being no nays, the motion carried.
ADJOUR*ZNT:
The meeting was adjourned at 8:50 P.M. by Chairman Minish
Respectfully submitted,
Ix 0
ICY HIP
Secretary
UVA auuvna
LOT -17, BLOCK 2
SURVEY FOR
FKlllLKY
SWANSTRO14S COURT ADDITION
RAY NELSON
--}} 1385 - 53rd AVENUE N.B.
1-12
L. (,
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DESCRIPTION: Lot 17, Block 2 in Swanstroms Court Addition in Fridley, Minnesota.
•.I;hereby certify that this survey was made under my direct supervision and that I am
a duly authorised Registered Land Surveyor under the laws of the State of Minnesota.
77 t'
William S. Loye, R.L.S.
Date: May 27, 1971 Minn. Reg. No. 6787
REGULAR COUNCIL MEETING OF JUNE 21, 1971
RECEIVING THE MINUTES OF THE BOARD OF APPEALS MEETING OF JUNE 15, 1971:
PAGE 10 -
The City Engineer said the first item, a request for a sideyard variance for
a garage requested by Mr. Larry Vogt (536 Ironton) was laid over to allow the
applicant to try to place the garage irj some other location on his lot.
2. A REOUEST FOR A VARIANCE OF SECTION 45.053, 45B, SUBPAPAGRAPH 3, FRIDLEY CITY
CODE, TO REDUCE THE SIDE Y PD ADJOIPdING AN d'a'A'?1CHED G:IURAGE FROM 5 FEET TO
4 FEET TO ALLOT -1 THE COINSTRUCTION OF A GARAGE ON LOT 8, BLOCK 2, SWANSTROM'S
COURT ADDITION, THE SAME BEING 1344 oXWOOD LANE,, N.E., FRIDLEY, MINNESOTA.
(REQUEST BY MR. VEF4LEAN E. ED°:WDS, 1344 SKY6:OOD LANE N.E., FRIDLEY,
MINNESOTA 55421):
The City Engineer said that this request is to allow building a double garage.
The applicant has a single garage now. The Board of Appeals recommended approval.
MOTION by Councilman Breider to approve the variance requested by Mr. Verlan E.
Edwards. Seconded by Councilman Kelshaw. Upon a voice vote, all voting aye,
Mayor Kirkham declared the motion carried unanimously.
3. A REQUEST FOR A VARIANCE OF SECTION 56.05, 3A, FRIDLEY CITY CODE, TO INCREASE
THE MAXIMUM'ROOF SIGN AREA FROM 15 PER CENT OF THE TOTAL 1'W.,L AREA (62
SQUARE FEET) TO 78 SQUARE FEET TO ALLOW THE ERECTION OF A ROOF SIGN ON PART
OF LOT 18, BLOCK 5, RICE CPEEK PIAZA SOUTH ADDITION. (HOLLY SHOPPING
CENTER), THE SAME BEING 6570 UNIVERSITY AVENUE N.E., FR=LEY, MINNESOTA.
(REQUEST BY LEIB'S, 6570 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA):
The City Engineer reported that the Board of Appeals recommended approval of
the requested variance. He added that Leib's have said they will take their
old sign down. -
MOTION by Councilman Liebl to approve the sign area variance requested by Leib's.
Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham
declared the motion carried unanimously.
4. A REQUEST FOR A VARIz1,'CE:OF SECTION 45.05314B, SUBPARAGRAPH 3, TO REDUCE THE
SIDE' YARD ADJOINING AN ATTACId".,:,D G.XRAGE FROA 5 FEET TO 3.9 FEET TO A=A THE
CONSTRUCTION OF AN AT^1ACHE.D GARAGE ON LOT 17, BLOCX 2, SID _WS=.4 ° S COURT
ADDITION, THE SMIE BEING 1385 53RD AVENUE N.E., FRIDLEY, MINNESOTA.
(REQUEST BY RLR. RAY I ELSON, 1385 53RD AVM7UE N.E., FRIDLEY, MINNESOTA):
The City Engineer said the Board of Appeals recended approval of the request
for a variance. He would.like to point out the adjoining neighbor submitted a
letter of "No Objection", hcArever, the letter states that there would be 15'
between his house and the garage.- This is sli;satly ancor�ect, as they would be
14'3'° aP He suggested, that to avoid difficulties, there be a new letter
u -b i.tted.
MOTION by Councidman Breider to approve the variande requested by Mr. Ray Nelson
sub e e neEt le'eter of - "110 C'- j cction" be -in as vuggcbted by the
City Engineer. Seconded by Co°1nc.i.-'nan-i3«r�.s. i7pv*a � voice vote, all voting aye,
Mayor Kirkham declared the mi tion carried unnanimr-nxsly.
MOTION by Councilman Liebl to receive the Minutes of the Board of Appeals Meeting
of June 15, 1971. Seconded by Councilman Breidar. Upon a voice vote, all ayes,
Mayor Kirkham declared the motion carried unanimously.
Sxanstrom Const. Co.
F. C, JACKSON
uurn suRvaycm
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