VAR 04.73City of Fridley
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Variance Requested (Attach plat or survey of property showing location of proposed
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Fee Receipt No.
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Against Recommendations
City Council Action and Date
City of Fridley
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APPLICATION TO BOARD OF APPEALS
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DATE
2/15/73
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Comments by administrative official denying original request for building permit
or other permit. (To be completed by administrative official. Appropriate Ordinances
and sections of Ordinance to be cited.)
Board members notified of meeting by List members,
date notified, and "Yes" or "No" for plans to attend hearing.
- Name Date Plan to Attend
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Person making appeat and Abe following property owners having property within
200 feet notified:
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2 May 1973
CHAIRMAN
FRIDLEY CITY COUNCIL
CITY HALL
FRIDLEY, MINNESOTA, 55432 SUBJECT: VARIANCE
Dear Sir;
I am writing this letter because 1 feel, or rather my neighbors
and I feel that our appearing at your meeting on the 7th of May 1973,
concerning VARIANCE rights of Mr Jim Allen,.1541 60th Ave N E would
prove about the same as when we appeared at the meeting of April 24,
1973 to protest this action. The meeting was held at 7:30 PM, and we sat
there until 11:00 PM and at that time were asked by the board of appeals
why we were setting there, at which time we were informed that the records
concerning this case were lost. From that point on we were treated as if
we were some kind of criminal and never did receive a fair hearing. At
the end of the meeting we were told that Mr Aliens request had been
approved and if we did not like it we would attend your meeting on the
7th of May 1973. The conclusion by my neighbors and myself was that the
only thing the board was interested in was the apparent increase in tax
money that would be received by granting Mr Aliens request.
/or Allen was granted a VARIANCE allowing him to come to within 2
feet of our lot line, he is presently aprx 5 feet from that line now, our
bedrooms face this side, we are aprx 10.2 ft from the lot line. Mr Allen
knew quite will when he bought the house that he was close to the lot line then.
By moving close he is causing a "FIRE HAZARD", "NOISE HAZARD". and APPEARANCE
HAZARD. I personnaly spent aprx $8000.00 on remodeling my home inside and
out last year, but by doing so, hurt no one. But Mr Allen and the Board of
Appeals seem bent on destroying the appearance of the neighborhood around him,
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plus causing undue hardships on my family and property and neighbors.
I therefore object to the decision of the Board of Appeals strongly,
and do not feel that there judgement was proper in this case, and that
we were not heard fairly at this meeting.
This was the first meeting I have ever attended at the Fridley
City Hall, and I have lived in Fridley for nine years, but if that
meeting was a pattern of all meetings held there, hopefully I will never have to
attend another one, if so I would of course want to be represented by a
attorney, because it looks like it is impossible to speak out as a citizen
of Fridley.
Thank ou fo re i is.
S
`R L Sorsoleil
(.' I I 60th Ave N E
ridIey, Minnesota, 55432
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As surveyed by me this 0/11"day ofIV4'ecd A- D. 1971. Minn, Reg. No. 9293
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,
April 24, 1973 to consider the following matter:
A request for a variance of Section 45.053, 4, B4,
Fridley City Code, to reduce the required side yard
setback adjoining an attached garage from 5 feet
to 1.2 feet to allow the construction of an addition
onto an existing garage located on Lot 3, Block 1,
Larry's 1st Addition, the same being 1541 - 60th
Avenue N.E., Fridley, Minnesota. (Request by Mr. James
Allen, 1541 - 60th Avenue N.E., Fridley, Minnesota.)
Anyone who desires to be heard with reference to this matter will be
heard at this meeting.
ROBERT A. MINISH
CHAIRMAN
BOARD OF APPEALS
Application TOT a VeTlf-&D—fa—ny structute
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OFFICIAL NOTICE
CITY OF FRIDLEY
PUBLIC HEARING
BEFORE THE
BOARD OF APPEALS
TO WHOM IT MAY CONCERN:
-46
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,
April 24, 1973 to consider the following matter:
A request for a variance of Section 45.053, 4, B4,
Fridley City Code, to reduce the required side yard
setback adjoining an attached garage from 5 feet
to 1.2 feet to allow the construction of an addition
onto an existing garage located on Lot 3, Block 1,
Larry's lot Addition, the same being 1541 - 60th
Avenue N.E., Fridley, Minnesota. (Request by Mr. James
Allen, 1541 - 60th Avenue N,E., Fridley, Minnesota.)
Anyone who desires to be heard with reference to this matter will be
heard at this meeting.
ROBERT A. MINISH
CHAIRMAN
BOARD OF APPEALS
OR
The Minutes of the Board of Appeals Meeting of April 24, 1973 Page 9
his copy of the survey, on the fourth day, he noticed the mistake in the side
yards and pulled his crew off the job and came up to City Hall to talk to the
Building Inspector. Mr. Johnson added the only thing they could do is to build
the house to the north of this lot farther away from the adjoining lot line to
acquire the required footage between structures. He said he plans to start
the house on the adjoining lot within a week or two.
Mr. Dick Harris, 6200 Riverview Terrace, stated he had no objections to the
,variance as long as the stipulations for the previous variances on this property
would still be in effect.
Chairman Drigans stated this variance would not alter the stipulations for the
previous variances. He then read the Code concerning verifying surveys which
stated the verifying survey showing the location of the foundation shall be
required before the framing of the structure is begun.
Mr. Johnson stated he was in error by not having the survey in his possession
before they started framing but City Hall usually gets their copy of the survey
in three days which in this case they did not.
Mr. Crowder asked if on the dwelling to the north, would the garage side be
toward this house.
Mr. Johnson said they would rather put the living area on the south side because
the two structures would then be farther apart, but they could do it that way
if the Board requested it.
Mr. Harju stated he felt the City should have a written agreement on the location
of the dwelling to the north.
Mrs. Wahlberg asked what the City's feeling was on this variance.
Mr. Nordahl stated the City wanted the stipulation that the house to the north
would be built farther from the adjoining lot line to insure the required footage
between structures.
MOTION by Wahlberg, seconded by Harju, to close the public hearing. Upon a voice
vote, there being no nays, the motion carried.
MOTION by Harju, seconded by Wahlberg, to recommend to Council approval of the
side yard variance from 9 feet to 6.35 feet with the stipulations that Mr. Johnson
supply the City with an agreement that the house to the north will have a side
yard setback increased to a comparable amount to stay within Code and that all
the stipulations for the previous variances should still be considered in effect.
Upon a voice vote, there being no nays, the motion carried.
7. A REQ__jiUT FOR A VARIANCE OF SECTION 45.053, 4, B4, FRIDLEY CITY CODE, To REDUCE
THE REQUIRED SIDE YARD SETBACK ADJOINING AN ATTACHED GARAGE FROM 5 FEET TO 1.2
` ;FEET TO ALLOW THE CONSTRUCTION OF AN ADDITION ONTO AN EXISTING GARAGE LOCATED
ON LOT 3, BLOCK 1. LARRY'S 1ST ADDITION, THE SAME BEING 1541 - 60th AVENUE N.E.,
FRIDLEY, MINNESOTA. (REQUEST BY MR. JAMES ALLEN, 1541 - 60TH AVENUE N.E., FRIDLEY.
MINNESOTA.)
.
The Minutes of the $pard of Appeals Meeting of April 24, 1973 Page 10
1
Mr. Allen was present to present the request. A verifying survey was shown to
the Board.
Mr. Allen stated he would like to expand his present single garage from 14 feet
wide to 20 feet wide. He said the present side yard is 7.2 feet and to add on
he would need the variance. He added he sells real estate so he knows the
double garage would increase the value of his home in the event he ever sells
it. He stated he does not plan to Bell his home in the near future since he
knows what it would cost him to build a comparable hoarse in Fridley.
Mr. Allen said he plans to build the addition flush with the back of the house
so he would end up with a 20 foot by 29 foot garage that would also be partly
used for storage area.
Mr. Harju asked how far the neighbors structure was from the lot line.
Mr. Allen answered 10.2 feet. He added he could reduce his request by 1 foot
and add on only 5 feet instead of 6 feet but he did not feel he could go any
lower than that because he would want a 16 foot garage door.
Chairman Drigans asked if there was anyone in the audience that would like
to come forward.
Mr. & Mrs. Rodger Sorsoleil, 1561 - 60th Avenue, neighbors to the east, said
they objected to the variance as they were worried about the closeness to
their home because of fire and the noise. Mr. Sorsoleil said he could under-
stand Mr. Allen's wanting to have a double garage but the structures would be
to close together.
Chairman Drigans asked if putting a firewall in the garage would ease his
mind any.
Mr. Sorsoleil answered no because there would still be the noise.
Mr. Crowder asked if Mr. Allen planned on any windows on the east side of the
garage and Mr. Allen said he did not.
Mr. Rickhoff, 1567 - 60th Avenue, stated he objected to the variance because
if this variance is granted, he has a neighbor that would be able to build the
same way. He said this variance would set a precedent as most of the people
in the area have single garages and they would be coming in to ask for variances
to build double garages. He added that he felt any structure that close should
have fire protection.
Mr. Bolich, 1580 - 60th Avenue, stated he was more opposed to the appearance
change. The houses are to close together already. He said he moved out from
the City to get away from that.
Mr. Allen said he could be 5 feet from the line without a variance or a firewall.
He said he will be required to put in a firewall and the cars in the garage won't
make as much noise as they do outside. He said his double driveway goes almost
up to the property line now so the cars won't be any closer than they have been.
He said as far as other people in the area asking for variances, most of them
don't have the side yards to build on even with a variance.
Mr. Sorsoleil said that you can't maintain a garage with a 1 foot side yard.
He said he added onto his garage but he stayed within the Code.
The Minutes of the Board of Appeals Meeting of April 24, 1973 Page 11
Mr. Allen said he could reduce his request by 1 foot and with a 2 foot side yard
he could maintain his garage.
MOTION by Wahlberg, seconded by Harju, to close the public hearing. Upon a voice
vote, there being no nays, the motion carried.
Mr. Harju stated that the Board used to look hard at the reasons for variances and
he felt some of the points that were brought up were the people had a single garage
and wanted a double garage or they wanted more space. He said the Code states
certain distances for privacy and safety, etc., and since there is concern by the
neighbors about this request the Board might consider denial.
Mrs. Wahlberg stated she felt the original house was built for the lot and when
the applicant bought the house, he was aware that it only had a one car garage.
She said it might be better to build toward the back of the lot instead of toward
the side.
Mr. Drigans stated he could see a hardship as it is a two car family and only room
to house one and with ou climate it is almost a necessity to contain the cars in
a garage in the winter. He said he has seen the same variance being granted where
there were no objections.
Mr. Crowder stated the neighbor to the east has expressed concern about the
structure being 1.2 feet from the lot line and his comments were well taken. The
applicant said he could live with a setback of 2.2 feet and Mr. Crowder felt he
could be in favor of granting.the more palatable variance of 2.2 feet with the
stipulation of a firewall.
Mrs. Wahlberg stated the 2.2 feet would be better especially if the variance
would create ill -wills a one foot side yard would just not be enough.
MOTION by Harju, seconded by Crowder, to recommend to the Council approval of
the variance to reduce the side yard setback from 5 feet to 2.2 feet with the
following stipulations: 1. The wall to the east of the garage would have no
openings. 2. Provide a firewall as determined by the Building Inspector. Upon a
voice vote, there being no nays, the motion carried.
CONTINUATION OF ITEM #1
MUTTON by Crowder, seconded by Wahlberg, to remove this item from table. Upon
a voice vote, there being no nays, the motion carried.
Chairman Drigans stated no one was present to present the request but the Board
had received a letter from Mr. Wyman Smith who,is representing Mr. Max Saliterman
the adjoining property owner.
Chairman Drigans read the letter to the Board which stated that Mr. Saliterman "
objects to the variance and Mr. Saliterman feels the Board of Appeals should not
grant variances to persons who buy and purchase property -well knowing the
limitations that exist within the ordinances and codes.
MOTION by Crowder, seconded by Harju, to receive the letter from Mr. Smith.
Upon a voice vote, there being no nays, the motion carried unanimously.
There was a discussion on what was brought out at the last meeting on this request
as Chairman Drigans had not been present.
REGULAR COUNCIL MEETING OF MAY 7, 1973
PAGE 13
Councilman Nee asked if it would be possible for the staff to give the
Council some information on the matter. He said perhaps it would be more
desirable to place the buildings right next to each ut.her. He said the staff
should outline information of the possibility.
UPON A VOICE VOTE, all voting aye, Mayor Liebl declared the motion carried
unanimously.
A REQUEST FOR A VARIANCE OF SECTION 45.053 4B FRIDLEY CITY CODE TO REDUCE
THE SIDE YARD SETBACK FROM 10 FEET TO 5 FEET, ON THE NORTH SIDE OF LOT 16,
BLOCK 1, RIVER EDGE ADDITION, TO ALLOW THE ENCLOSURE OF AN ALREADY ROOFED
BREEZEWAY, THE SAME BEING 140 RIVER EDGE WAY N. E. FRIDLEY MINNESOTA
(REQUEST BY LARRY R. JOHNSON, 140 RIVER EDGE WAY N. E. FRIDLEY, MINNESOTA)
MOTION by Councilman Nee to concur with the Board of Appeals and grant the -
variance with the following stipulations: 1. the wall between the porch
and the garage is to have the necessary fire rating, 2. the wall on the north
side of the patio is to have no openings and contain the necessary fire rating.
Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl
declared the motion carried unanimously.
REQUEST FOR A VARIANCE OF SECTION 45.053 4B FRIDLEY CITY CODE TO REDUCE THE
SIDE YARD SETBACK FROM 9 FEET TO 6.35 FEET ON THE NORTH SIDE_ OF LOT 3,
BLOCK 3, AL ROSE ADDITION, TO ALLOW THE CONSTRUCTION OF A DWELLING, THE SAME
BEING 6230 RIVERVIEW TERRACE N. E. FRIDLEY MINNESOTA
EAST RIVER ROAD N. E._ FR
MOTION by Councilman Nee to concur with the Board of Appeals and grant the
variance with the stipulations that Mr. Johnson supply the City with an
agreement that the house to the north will have a side yard setback increased
to a comparable amount to stay.within the Code and that all the stipulations
for the previous variances should still be considered in effect.
Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl
declared the motion.carried unanimously.
p9 A REQUEST FOR A VARIANCE FOR SECTION 45.053 42 B4, FRIDLEY CITY CODE TO REDUCE
THE REQUIRED SIDE YARD SETBACK ADJOINING AN ATTACHED GARAGE FROM 5 FEET TO 1.2
FEET TO ALLOW THE CONSTRUCTION OF AN ADDITION ONTO AN EXISTING GARAGE LOCATED
FRIDLEY, MINNESOTA
QZQUEST BY MR. JAMES ALLEN, 1541 -60th AVENUE N. E., FRIDLEY MINNESOTA)
Mayor Liebl asked Mr. Clark to explain the overall consensus of the Board of
Appeals and why they had recommended the Council grant the variance.
Mr. Clark said the applicant had requested the Council grant a side yard setback
from 5 to 1.2 feet to build an addition on the existing garage to make that
garage 20 feet wide. He said the Board of Appeals had recommended the Council
deny the 1.2 foot setback and approve a 2.2 setback. He said they stipulated
the wall to the east of the garage would have no openings and proper firewalls
as determined by the Building Inspector and would be provided.
REGULAR COUNCIL MEETING OF MAY 7, 1973
PAGE 14
MOTION by Councilman Starwalt to receive the letter from Mr. Rodger L. Sorseleil
opposing the approval of the variance dated May 2, 1973.
Seconded by Councilman ;Vee. Upon a voice vote, all voting aye, Mayor Liebl
declared the motion carried unanimously.
Mayor Liebl called on Mr. Sorseleil to state his objections to the variance.
Mr. Sorseleil said his objections were as listed in the letter.
Mayor Liebl asked if the appearance hazard meant that the construction would
block the view from his home.
Mr. Sorseleil said he felt that if this variance was granted all other persons
in the neighborhood would request the same thing and it would affect the
appearance of the entire neighborhood. He said he had not added a full two
car garage when he added on, he had only added a one and a half car garage.
Mayor Liebl asked M°:. Clifford Rickhoff, 1567 -60th Avenue N. E., if he objected
to the approval of the variance? Mr. Rickhoff said he was not opposed.
Mayor Liebl asked Mr. Allen if the requested variance was absolutely necessary.
Mr. Allen said this was the least he could go and still have a double door.
Mr. Allen said he felt the double garage he was requesting would be safer
than a tuck under garage. He said this would be several feet from the neighbors
construction and would have a fire wall. He said he has two cars and they
sit outside, there is a greater degree of danger with the cars outside and
also a greater noise factor.
Mayor Liebl asked if Mr. Allen had agreed to construct the fire wall. Mr. Allen
said he had agreed.
Mayor Liebl said he would comply with the stipulations if he were to construct
the fire wall. Mayor Liebl asked Mr. Allen if the two and a half feet would
be enough space to maintain the building? Mr. Allen said he planned to install
aluminium siding on the garage. He said he intended to improve his property
and increase the value of that property. He said he was aware that a house
with a single garage was worth --considerably less than one with a double garage.
MOTION by Councilman Starwalt to continue the item on the variance requeet
by Mr. James Allen until next meeting May 14, 1973, Enabling him to go to the
site and determine the effect of the proposed construction.
Mayor Liebl said the members of the Board of Appeals had to look at the site.
He said he felt that if Councilman Starwalt also felt he had to look at the
site this was possible.
UPON A VOICE VOTE, all voting aye, Mayor Liebl declared the motion carried
unanimously.
Councilman Breider said there would be many public hearings the following meeting
and he suggested the continued items appear on the agenda before the Public
Hearings so the people involved would not have to sit through another long
meeting. The rest of the Council agreed.
PUBLIC HEARING MEETING OF MAY 14, 1973
PAGE 2
MOTION by Councilman Breider that building permits be granted with the stipulation
as outlined by the Building Standards Design Control Subcommittee
and stating the applicant continue to work with the City on the development of the
alley and submit a signed agreement to such work.
Seconded by Councilman Utter. Upon a voice vote, Breider, Starwalt, Liebl and Utter
voting aye, Nee voting nay, Mayor Liebl declared the motion carried.
J( CONSIDERATION OF A VARIANCE REQUESTED BY JAMES ALLEN, 1541- 60th AVENUE N. E.':
Councilman Starwalt said after going into the area and meeting with the area property
owners he had found out there is considerable opposition to the approval of the
variance. He said he thought the variance should be denied to separate the lot.lines.
MOTION by Councilman Starwalt to deny the variance requested by James Allen
Secoaded by Councilman Nee.
Councilman Utter said he was aware that the construction would be close to the lot
line, but he believed Mr. Allen should have a chance to improve his property.
Councilman Breider said the Council had established a policy on variance matters
and they only granted the variances when there were no objections from the area
property owners. He said he would have to go along with Councilman Starwalt and
suggest denial of the variance.
UPON A VOICE VOTE ON THE MOTION, Breider, Starwalt and Nee voting aye, Utter and
Liebl nay, Mayor Liebl declared the motion carried three to two and the motion carried
for denial of the variance requested by Mr. James Allen.
CONSIDERATION FOR A BUILDING PERMIT REQUEST BY BURLINGTON NORTHERN FOR LIGHTING THEIR
CLASSIFICATION YARD:
The City Engineer said all of the lights are in the center portion of the yard.
He said the engineering Departmenthad some displays of the planned lighting. He
pointed out the beams of the light represented by the yellow portion on the drawings
saying they will all shine below the crest of the berm. He said there was a signed
agreement that there shall be no lights shining directly towards private property.
Councilman Breider asked how the lighting would affect the people in the area if it
was shining half way up the berm. The City Engineer said it would not shine directly
in . th,eir eyes,
Councilman Starwalt asked the height of the towers. The City Engineer said there
are eleven towers, two of them are 120 feet and the remainder are 100 feet. The
City Engineer said there are 4 existing towers in Fridley that are 100 feet.
MOTION by Councilman Nee to concur with the recommendations of the Building
Standards -Design Control Subcommittee and approve the building permit with the
stipulation that if any shield on a light becomes destroyed or inoperable, the
light will'not,be used until a new shield is installed. Seconded by Councilman
Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried.
THE MINUTES OF THE PUBT,TC HEARING OF THE FRIDLEY CITY COUNCIL PAGE 1
MAY 14, 1973
The Public Hearing Meeting of the Fridley City Council was called to order at 7:39 p.m.
May 14, 1973, by Mayor Liebl.
PLEDGE OF ALLEGIANCE:
Mayor Liebl led the Council and the Audience in saying the Pledge of Allegiance to
the Flag.
ROLL CALL:
MEMBERS PRESENT: Utter, Nee, Breider, Starwalt, Liebl.
N{EMBERS ABSENT: None
ADOPTION OF AGENDA:
Mayor Liebl added the following item- �o the agenda:
Proclamation - Poppy Day, 1973.
Communication - Estimate from Brauer and Associates Telegram to Governor concerning
House File 295.
MOTION by Councilman Breider to adopt the agenda as amended.
Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl
declared the motion carried unanimously.
PROCLAMATION
Mayor Liebl read aloud the proclamation proclaming Friday May 18, 1973, as Poppy
Day as requested by the Fridley VFW Post 363.
MOTION by Councilman Utter to approve Friday, May 18, 1973 as Poppy Day.
Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl
declared the motion carried unanimously.
ITEMS TABLED FROM MEETING OF MAY 7, 1973:
MOTION by Councilman Breider to approve the variance at 7880 Main to reduce the
front yard set back for off street parking from 20 feet to 13 feet, to reduce the
rear yard set back from 25 feet to 24.5 feet and to reduce the side yard set back
from 20 feet to 0 feet and for 7838 Elm approve the variance to reduce approve the
variance to reduce the rear yard set back from 25 feet to 24.5 feet and the side yard
set back from 20 feet to 0 feet.
Seconded by Councilman Utter. Upon a voice vote, Breider, Starwalt, Liebl,and Utter
voting aye, Nee voting nay, Mayor Liebl declared the motion carried.