VAR 07.70ot.'11 i3/, i ?go
APPLICATION TO THE BOARD 017 APPEALS AND CYT°'!!' CGURCIL
FOR SPECIAL USE PERMIT, VARIANCE TV REQUIREMENTS OF
CERTAIPi . ORDINANCES OF THE CITY OF FRIDLE'Y
(Applicant to complete items 1, 2, 3)
1. Name and Address of Applicant- �rAXI e_�; 6, 9,*Ae e
2. Legal Description of Property (also general locatic:►, such ne;"noirth-
east corner of 64th Avenue and 5th Streett° or 6415 fifth StresV)
9. Describe the variance requested. (Attaeh Plat or Sarvwy of pfo"rty
showing location of proposed building, etc., a1So adjoining proparties
and ownership within 200' of said property.)
Idoas�l ic^�� ...l.�f� A fuck-
r� /a�"-r- -f® iw, d 3 7 .-f r L L
4. Conts by administrative official denying original request for butldins
pewit or other permit. (To be completed by adcain'_atrativa officiAl.
Appropriate ordinances and section of ordinance:; to be cited.)
Ak
Notice of Hearing appeared
datest
(must be at least once 10
attached).
- 2 -
in Official Newspaper on the following
meeting -• copy of notice to
Board Members notified of meeting by n (-, / 3?7 ®
(List Members, Bate Notified, and "Yes" ot "Wd' for plans to attend
hearing). a
7. Person making appeal sod the following property omers having property
within 2001 notifLed;
Name Date
rA"I MI K—
By Phone Notified by
of Mail (Tniti_ all
fte following Board Members and interested parties were premant at the
Uearingt
BOARD MIMERS
3 -
OTHER PARTIES:
NAME
ADDRESS
9, Opinions and recommendations by BOARD OF APPEALS:
10, For 'Above Recommendations
11.•kction by City Council and Date:
mainst•Recommendations
r
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,
July 14, 1970 to consider the following matter:
A request for variances of Section 45.053, 4B,
to reduce the side yard requirement for living
area from 10 feet to 3 feet and Section 45.053,
4B, Subparagraph 3, to reduce the side yard
requirement for an attached garage from 5 feet
to 3 feet to permit the construction of an
attached tuck under garage with living area
above onto an existing dwelling located on
Lot 10, Block 2, Temple Terrace 2nd Addition,
the same being 564-532- Avenue N.E., Fridley,
Minnesota. (Request by James G. Baker, 564-532-
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
1.
ETES OF THE BOARD OF APPEALS MEETING OF JULY 14;1970
The meeting was called to order by Chairman Minish at 7:40 P.M.
MEMBERS PRESENT: Minish, Ahonen, Drigans, O'Bannon
MEMBERS ABSENT: Sondheimer
OTHERS PRESENT: Al Bagstad-Building Official
MOTION by O'Bannon to approve the minutes of the June 23, 1970 meeting as
written.
Seconded by Drigans. Upon a voice vote, there being no nays, the motion
carried unanimously.
Chairman Minish read a letter from the City Attorney, which was in response to
the request by Acting Chairman Ahonen at the June 23, 1970 meeting, that
clarifies what constitutes a majority vote in order to act on requests
presented to the Board.
Excerpt from the letter written by the City Attorney and dated July 2, 1970:
"A quorum would consist of a majority of the Board or -three members. Assuming
a majority of the Board is pre6ent then two of the three members present
couatitute a majority of that Board at that particular meeting and can
validly enact business before it."
T40TION by Ahonen to receive the letter from the City Attorney.
Seconded by O'Bannon. Upon a voice vote, there being no nays, the motion
carried unanimously.
Mr. James Baker was present to present the requests.
Nr. Baker explained there is approximately a 5 foot incline from the street
to the house which he would be digging out for the garage. He is proposing
to build an addition over the entire top of the garage which would be used
as a family room. Mr. Baker stated his neighbor to the West, Mr. Sylvester,
was granted permission in 1964 to build the same type of garage.3 feet from
the lot line.
Mr. O'Bannon asked Mr. Baker if he was living at his present location at the
time of Mr. Sylvester's request and if he had given his approval for the
variance.
Mr. Baker answered yes to both questions.
The Minutes of The Board of Appeals Meeting of July 14, 1970 ^Parse 2
Mr. Baker presented a letter from Mr. Sylvester which stated he approved of
Mr. Baker's request.
MOTION by Drigans to receive the letter written by Mr. Sylvester.
Seconded by Ahonen. Upon a voice vote, there being no nays, the motion carried
unanimously.
Mr. Baker was asked if he had considered building a detached garage,since the
distance between his proposed garage and the adjacent garage would be only 6 feet.
Mr. Baker answered that to build a detached garage would mean cutting down some
nice trees. He explained that they do have two cars so they need the double
garage and that the pxesent house has 3 bedrooms and they have 3 girls and 1
boy so they could usa thh extra room.
Mr. Joseph Melin, 541-53k Avenue, stated he was in favor of the variance as it
would help Mr. Baker get in and out of his driveway.
IDTION by Ahonen to close the public hearing.
Seconded by O'Bannon. Upon a voice vote, there being no nays, the motion
carried unanimously.
These was a•discussion on building only partially over the garage to keep the
living area 10 feet from the property line.
Mr. Baker explained that to build only partially over the garage would involve
putting a cement roof on the garage instead of a wood roof which would run into
more money, but he would agree to limiting the addition to 14 feet to stay 10
feet from the line.
MOTION by Drigans to recommend to the City Council, denial of the variance of
Section 45.053, 4B, and to recommend approval of the variance of Section 45.053,
4B, Subparagraph 3. The reason for the denial is that the area between the two
structures would be only 6 feet and the structures would be too mI40*e".Woft.
Sylvester ever decided to build on top of his present garage.
The reasons for the approval are:
1. The hardship is the need for a garage.
2. The grade of the present driveway makes it difficult to get in and out of
the driveway, especially in the winter season.
Seconded by Ahonen. Upon a voice vote, there being no nays, the motion carried
unanimously.
2.
3.
Zhj Minutes of The Board of Appeals Meeting of July 14, 1970 Page 3
Mr. John Bogucki, representing Rodney Billman Incorporated, was present to
prevent the request.
The house plans for the present house and plans for the proposed addition
were shown to the Board. Mr. Bogucki explained the work that is necessary to
reinforce the existing garage to carry the load of the addition which is to be
constructed on top of it. He further explained that the variance is needed on
only the Southeast corner of the addition as the lot is an odd shaped lot.
Mr. Bogucki stated that the reason the owner, Dr. Paul Pattersons wants the
addition is to relocate the laundry room from the basement up to the top floor
as his wife has a bad back and it is difficult for her to walk down 2 flights
of stairs. They would also like the addition because they have S children
and need the extra space.
ft. Drigans asked if the owner had acquired written permission from the
349M neighbor to' the South.
Mr. Bogucki stated that Dr. Patterson did not want to ask the neighbor for
a letter as he felt it would be putting the neighbor in an awkward position.
MTION by O'Bannon to close the public hearing.
Secotided by Ahonen. Upon a voice voter, there being no nays, the motion carried
unanimously.
MTION by Abonen to recommend to.the City Council, approval of the request
fox' the following reasons:
1,. There is a hardship in the odd shape of the lot.
2. Another hardship being Dr. Patterson's wife has a back condition which
makes it difficult for her to walk up and down stairs.
3. There is a great separation between structures so there is no real fire
hazard.
conded by O'Bannon. Upon a voice vote, there being no nays, the motion carried
animously.
L%ewWE4es of The Board of A,gpeals Meeting of July 14, 1970 Page 4
Mr. Coverston was present to present the request.
Mr. Coverston explained that his house is a 3 bedroom rambler without a
dining room. The proposed addition would be used as a family room and as
a dining room. He stated that the existing garage had to be built in the
back yard as there was not sufficient room to erect it in the side yard
and if the addition had to be extended off from the back of the house the
back yard would be ruined. They are coming forward 6 feet with the addition
to protect the doorway at the front of the house.
Mr. Coverston had submitted with the variance application, a petition in
favor of the variance which was signed by all of the property owners within
200 feet of his property. He stated he wanted to see how they felt about
the.variance before he even applied for it.
It was brought out in the discussion that the corner of this lot was taken
away in order to line up the intersection of Bennett Drive and Jackson Street.
Mr. O'Bannoa stated that if this land had not been taken, there would be
enough land to build the addition without a variance.
NDTION by Drigans to close the public hearing.
Seconded by Ah*nen. Upon a voice vote, there being no nays, the motion
cararied unanimously.
XDTION by O'Bannou to recommend to the City Council approval of the requa+st
for the following reasons:
1. There is a hardship as the land needed was there at the time Mr. Coverston
moved into the house but the corner was taken for the road.
2. The adjacent neighbors have no objection to the variance.
Seconded by Drigans. Upon a voice vote, there being no nays, the motion
carried unanimously.
Chairman Minish reported to the Board the action taken by the Planning
Commission on the two signs that were before the Board of Appeals on
June 9, 1970.
0
The meeting was adjourned by Chairman Minish at 8:45 P.M.
Respectfully submitted,
104
Y�IaAA4 UL
MARY HI2
Secretary
REGULAR COUNCIL MEETING OF JULY a0, 1970
PAGE 11
that the A-3 zoning should be investigated to hold the R-3 just to R-3.
It seoms'that this area is not big enough for R-3, so they are filling
the R-3 portion with apartments and using the R-1 for the parking.
9. REZONING REQUEST: ZOA #70-05, BY VIEWCON, INC. For that portion of
the EKY of the SEk of Section 24, to be rezoned from R-1 to R-3
(general multiple family dwellings) or R -3A (apartments only).
This item continued by the Planning Commission.
10. PRELIMIRMY PLAT; P.S. x.0-03 .BLACK OREST ADDITION.BY VIEW= INC•t
That Portion -of the E of. the A of Section 24.
This item continued by the Planning Commission.
11. STREET SIGNS
The City Engineer; said that there was a recommendation made in regard to.
street; signs, however, he would like to collect further data before going
to any changes. He said, that Minneapolis and St. Paul are working on
oolor -coding whereby the north and south streets would be one color and
the east and west streets would be another. _color.- There should be :ewe
standard throughout trae entire metropolitan area.
MOTION by Councilman .Harris to receive the..Minutes of the Planning CQM
mission. Meeting of July S, 1970.' Seconded:by-Councilman Liebl. Upon a
voice vote, all voting aye, Mayor Kirkham declared the motion carried.
e
RECEIVING THE MINUTES OF THE BOARD OF APPEALS.MEETING OF JULY 14, 1970:
1. A REQUEST:FOR
OF SECTION 45.053, 4B, TO REDUCE.THE SIDE
FROM_10 FEET TO 3 FEET AND SECTION 45
TO REDUCE THE
5 FEET -T0 3
SIDE YARD REQUIREM
EET TO PERMIT THE
LIVING AREA ABOVE
ZA15TIJNU DWELLING LOCATED ON LOT 10, BLOCK 2, TEMPLE
ADDITION, THE SAME BEING 564 53h AVENUE N.E., FRIDLEY
(REQUEST BY JAMES G. BAKER, 564 5A AVENUE N..E.. FRID.
FOR AN
leRitio7
The City Engineer reported that the Board.of-Appeals approved the variance
for the -garage, but not for the living quarters over the garage, as the
living space would be too close to the'adjacent property. Mayor Kirkham
asked what would, be the space between and Mr. Baker said 6°. Mayor Kirkham
said that living space over the garage being that close is contrary to the
fire protection laws. Mr. Baker said that .he has agreed to their recom-
mendations .
MOTION by Councilman Harris to grant the variance for the garage to Mr.
James Baker, and deny the request for living space over the garage.
Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor
Kirkham declared the motion carried.
REGULAR COUNCIL MEETING OF JULY 20, 1970 PAGE 12
2. A REQUEST -FOR A VARIANCE OF SECTION..4.5.053, 48, FRIDLEY
REDUCE THE SIDE YARD SETBACK FOR A LIVING. AMA 'FRDM_10.F
TO PERMIT AN ADDITION ONTO THE TOP OF AN ATTACHED GARAGE
The City Engineer reported that the Board of Appeals approved the request,
one of the reasons being, it is an odd shaped lot.
MOTION by. Councilman,L3.ebl.to grant the variance.to Rodney Billman Inc. as
requested. Seconded by Councilman Harris -£or discussion.
Councilman Harris asked what -was the separation between the homes', A ..-
representative of Rodney Billman Inc. said about 75' to 80' between the
two buildings.
THE VOTE YPON THE .MOTION, ..being a voice -.vote,. all. votiing aye, Mayor
Kirkham declared the motion carried.
1. A RRQUEST FOR VARIANCE9.OF.SECTION 45«053 d)s SRI-DLBY:
rc UU';z rrus YfiV15MT XPt!W. tET5Arx 4FRUIREMB 7. FRAM: 35.'.,FEET TO 30 FEET
AND SECTION 45 053 4B,,SaUBPARAGRAPHi 4A;.TG'RMCE THE SIDEYARD
RE UIREMENT ON A. CORNER -LOT FROM 17.5 FEET TO 13.5 FEET TO PERMIT
THE CONSTRUCTION. OF AN ADDITION ONTO-EXISTING-..HOUM LOCATED 0 eft
11, . BLOCK. .l s CHRISTIE -ADDITION, ..THE SAME .BEt*; =185- SMUM!'T, MaVE N,E.
FRIDLEY, MINNESOTA (REQUEST BY-MR.'CLEM,Z. COVERSTON, 785 BENNETT
DRIVE N.E., FRIDLEY, MINNESOTA)t
MOTION by Councilman Liebl to'concur with the variances as requested by
Ayr. Clem Z. Coverston. Seconded by Councilman Braider. Upon a voice vote,
all _voting aye, Mayor Kirkham declared the motion carried.
MOTION by Councilman.Breider to receive the Minutes of the.Boaxd of Appeals
Meeting of July -14, 1970. Seconded by Councilman-.Liebl.. Upon:a voice
vote, all voting aye, Mayor.Kirkham.dealared the.motion carried. -
RECESS;
Mayor.Kirkham declared a recess.from 10:04 H.M. and convened -at 10:20 F.M.
RECEIVING BIDS AND AWARDING CONTRACT FOR STREET.IMPROVEMENT.PROJECT
ST. 1970-4s (Bids Opened July 20, 1970, 11:00-�A.M.)
Bidder Bid Deposit Base Bid Completion Date
Black Top Service Co.
Box 2654
New Brighton
Maryland Cas.
Co.
5$ B.B.
$112,.661.49
Dunkley Surfacing Co. Capitol Ind. $ 98,722.00
3756 Grand St. N.E. Corp.
Minneapolis, Minn. 5% B.B.
As specified
November 15, 1970