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VAR 04.77City of Fridley AT THE TOP OF THE TWINS e 4 ' COMMUNITY DEVELOPMENT DIV. f PROTECTIVE INSPECTION SEC. � ! i CITY HALL FRIDLEY 55432 612-56b-3450 SUBJECT APPLICATION TO BOARD OF APPEALS NUMBER 910-F'23 REV. 1 DATE 3/21/75 PAGE 0: 1 2 PAOVED by 800 r Name ne F-1 ��tGG® �-i� Address&4(. i %� 5� �%C Wt'G(r®-6gq-x- Legal Description Lot No. 16 j 11 Block No. Tract or Addn. 44A" I L-To6j 5 A 0t9(-na&j ?v3 -b -i o To %` E;e-Rh1-lC S v tLL Variance Request(s); including stat hardships attach plat or showing building, variances, etc., where icable) /-/S—/ 4100I`ID Li KE —co G�k p-,toCae- E F(ztoAj -c survey of property 77 _ E ® -T ho'd .5 - C) 12'g-a--r�e L( 1-j c —v6 QOC'u L f) wu2g L'316 Dat �L-2-� Meeting Date F'ee Receipt No. Signature Comments &Recommendations by the Board of Appeals City Council Action and Date b b. City of Fridley AT THE TOP OF THE TWINS APPLICATION TO BOARD OF APPEALS r COMMUNITY DEVELOPMENT DIV. 1 PROTECTIVE INSPECTION SEC. 1 = � 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 ecez_ List 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 4-1-17 I Notified Udell Larson 5460 7th Street N.E. Dee Bee Contracting Co., Inco 5430 7th Street N.E. Mr. & Mrs. Umberto Virgillo 5400 7th Street Mr.. & Mrs. Earl Hatten 5407 6th Street N.E. Bryant -Franklin Corporation 900 West County Road D New Bri.hton 55112 Donald B. Moldenhauer 5380th Street N.E. Thomas Goings 5312 6th St. N.E. Richard Blank 5360 6th Street N.E. Mercel Eihensteiner 5373 5th St. N.E. — Donna Schulte 5390 7th Street Ronald & Carol Hoiby 5380 7th St. N.E. Mr. & Ms. Rudolph Stotka 5370 7th!,St. N.E. r David Lubet 5361 6th St. N.E. Mr.A_*Mr.s. Eldon Hartse 505 54th Avene N.E. Mr. & Mrs. James Langner-5411 7th St, N,E, -TW, 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, April 12, 1977 at 7:30 P.M. to consider the following matter: A request for a variance of Section 205.053, 4A, Fridley City Code, to reduce the front yard setback from the required 35 feet to 31 feet, to allow the construction of a house and garage to be located on Lots 16 and 17, Block 9, Hamilton's Addition to Mechanicsville, the same being 451 54th Avenue N.E., Fridley, Minnesota. (Request by John A. Saccoman, 5470 7th Street N.E., Fridley, Minnesota 55432). Anyone who desires to be heard with reference to the above matter will be heard at this meeting. Note: The Appeals Commission wit variance requests unless t neighbors, the City staff, Commission's decision. If will continue to the City with only a recommendation VIRGINIA SCHNABEL CHAIRPERSON APPEALS COMMISSION 1 have the final action on all residential here are objections from surrounding or the petitioner does not agree with the any of these events occur, the request Council through the Planning Commission from the Appeals Commission. r • s CITY OF FRIDLEY 6431 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA 55432 TELEPHONE ( 612)571-3450 May 11, 1977 CITY COUNCIL John A. Saccoman 54707th Street N.E. Fridley, Mn 55432 Dear Mr. Saccoman, ACTION TAKEN NOTICE On May 2, 1977 , the Fridley City Council officially approved your request for variance for duplex at 45.1-453 54th Ave. N.E. with the stipulations listed below. Please review the noted stipulations, sign the statement below, and return one copy to the City of Fridley. If you have any questions regarding the above action, please call the Community Development Office at 571-3450. Sincerely, RROLD L. BOARDMAN CITY PLANNER JLB/de Stipulations: None 0 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, April 12, 1977 at 7:30 P.M. to consider the following matter: A request for a variance of Section 205.053, 4A, Fridley City Code, to reduce the front yard setback from the required 35 feet to 31 feet, to allow the construction of a house and garage to be located on Lots 16 and 17, Block 9, Hamilton's Addition to Mechanicsville, the same being 451 54th Avenue N.E., Fridley, Minnesota. (Request by John A. Saccoman, 5470 7th Street N.E., Fridley, Minnesota 55432). Anyone who desires 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 all residential variance requests 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. ADMINISTRATIVE STAFF REPORT 451 54th Avenue 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. B. STATED HARDSHIP: Hardship would be a 20 ft. wide house instead of a 24'ft. wide house. C. ADMINISTRATIVE STAFF REVIEW: The lot in question is zoned R-2 (single and two family dwellings). The only size house that one could be able to build without a variance would be 20 ft. deep. There are no adjacent houses facing 54th Avenue on this side of the street. There is approximately seven feet..of boulevard in this area. Appeals Commission Meetinq April 12, 1977 Page 7 not the information he needed when he contacted the City. He said this problem had made the City Staff consider a new policy for pool permit. Before any pool permit would be issued when the use of any existing fences or other structures was proposed, an on-site inspection would be required. The existing structures would be checked for compliance and any questions answered for the homeowner. He said the pool companies wouldn't be very happy with this delay, but they didn't want to have a reoccurrence of what happened to Mr. Rignell. Mr. Barna said he wanted the Council to know that he did not feel that a chain link fence met the requirements for a non -climbable fence. Other members of the Commission agreed with him. MOTION by Barna, seconded by Kemper, that the Appeals Commission close the Public Hearing. Upon a voice vote, all voting aye, the Public Hearing was closed at 8:50 P.M. Mrs. Gabel said she felt this was an extremely unfortunate incident, but this was something that could happen when there was a new ordinance. She said she was sure that this would not make Mr. Rignell any happier because it was at his expense. She still felt that she could not go along with this request, because after seeing the fence there would be no deterrent to stop a small child from climbing this fence. Mr. Kemper said it was a climbable fence and we have neighbors who are opposed -*to the variance, so he was not in favor of it being granted. Mr. Plemel said that it was unfortunate that the petitioner was .going to have to come up with money out of his pocket to modify the fence, but if the City had made the inspection even a year ago, this fence would still have had to be modified before he could get a pool .permit. Mr. Barna said we could discuss responsibility, liability, and toddlers and children, but he would hate to have a child have an accident in the pool, whether the owner was liable or not. He said he felt this was a moral and emotional issue rather than legal liability. MOTION by Kemper, seconded by Plemel, that the Appeals Commission recommend to Council, through the Planning Commission, denial of the request for a variance to allow a climbable fence to be used as a pool enclosure. Upon a voice vote, all voting aye, the motion carried unanimously. 3: REQUEST FOR VARIANCE OF SECTION 205.053, 4,A, FRIDLEY CITY CODE, ING TH AVENUE N.E. HIULEY, MINNESUTA. (Kequest by John A._1 m1 7thmet N.E., Fridley, Minnesota 55432). MOTION by Plemel, seconded by Barna, that the Public Hearing be opened. Upon a voice vote, all voting aye, the Public Hearing was opened at 9:00 P.M. 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, April 12, 1977 at 7:30 P.M. to consider the following matter: A request for a variance of Section 205.053, 4A, Fridley City Code, to reduce the front yard setback from the required 35 feet to 31 feet, to allow the construction of a and garage to be located on Lots 16 and 17, Block 9, Hamilton's Addition to Mechanicsville, the same being 451 54th Avenue N.E,, Fridley, Minnesota. (Request by John A. Saccoman, 5470 7th Street N.E., Fridley, Minnesota 55432). Anyone who desires 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 all residential variance requests 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. 2 • b FRIDLEY 944,31 UwIVen*iIT AVENUE M.E., FRIDLEY, MINNESOTA 55432 TELEPHONE ( 612)571-3450 John A. Saccoman 54707th Street N.E. Fridley, Mn 55432 Dear Mr. Saccoman, CITY COUNCIL ACTION TAKEN NOTICE May 11, 19.77 On May 2, 1977 , the Fridley City Council officially approved your request for variance for duplex at 451-453 54th Ave. N.E. with the stipulations listed below. Please review the noted stipulations, sign the statement below, and return one copy to the City of Fridley. If you have any quest►ens regarding the above action, please cull the Community Development Office at 571-3450. JLB/de Stipulations: None Sincerely, r F RROLD L. BOARO'NAN CITY PLANNER Concur with action taken. 0