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VAR 09.73r? City of Fridley 4T THE TOP OF THE TWIN$ r tu-'------ COMWNITV DEV9LOPWNT DIV, p1OT9CTIV9 **%CT10N W", i CITY HALL Ff"MY y*{ Mft-509-3"0 APPLICATION TO BOARD OF APPEALS NNlgpl - ROv. DA E Pi►YE OF 1 2 -10 By 00 Name AsP Mary in �. Address Phone y10 67fh Avc. Aix. S6o -2328 Legal Desc. Lot No. % JBlock No. S Tract or Addition Rice Creek Terrace. Variance Requested (Attach plat or survey of property showing location of proposed building, etc., including adjoining properties and ownership within 200 feet of said property.) -;rb enclose Ie enlarge Porch arta on S.W. corncr of building oys Year yym ns( Ilyirtq area. Ssdcyahcl_ clearance 1s j% feel'. Code reQ[Aire nnentis 10 �eef Meeting Date Fee 4 0 Receipt No. Opinions and Re ommendation by the Board of Appeals °J- - For Above Recommendation Against Recommendations City Council Action and Date %®-1-r7 ip City of Frid r AT TIC TOP OF TME TNIleyINi 4tU-------- COMMUNITY MMEI.OPMENT DIY. MOTECTM6 INEI141OTION MW CITY "ALL FNIOLLY "as 40-EOO-AMON�IiEl1 [IatiJ[CT APPLICATION TO BOARD OF APPEALS (Staff Report) NIV. 10-F23 0 DATEJP*7 2/15/73 OF 2 V BY 1 800 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 / v9 X3 List members, date notified, and "Yes" or "No" for plani to attend hearing. Name Date Plan to Attend ®-YL.,j 9 -moi- I _ Person making appeal and the following property owners having property within 200 feet notified: Phone Notified B Name -Date or Mail (Initial) 1)n ­ 6 J o0ki -3 9 o - Cp . 7 U L -a - 4100 -(o 9 fall c_ - ? C.) ocu k ' y 4),3 U - 6 )�h) Uo -- z ?/ - Go 6 - (o (o tk- lo. LY113 o -n Lo -ii 0-n. 3 G - 6 � IQ - 31, THE MINUTES OF THE BOARD OF APPEALS MEETING OF SEPTEMBER 25, 1973 The meeting was called to order by Chairman Drigans at 7:35 P.M. MEMBERS PRESENT: Drigans, Crowder,"Gabel MEMBERS ABSENT: Wahlberg OTHERS PRESENT: Howard Mattson - Engineering Aide The approving of the September 11, 1973 minutes was waived until the next meeting. 1. A REQUEST FOR A VARIANCE OF SECTION 45.053 4B FRIDLEY CITY CODE TO REDUCE THE SIDE YARD FOR LIVING AREA FROM 10 FEET TO 8_ FF.FT, To ALLOW THE pNCT,nsTNG. AND ENLARGING OF A PORCH AREA, LOCATED ON LOT 7, BLOCK 5, RICE CREEK TERRACE PLAT 3, THE SAMEBEING 410 - 67TH AVENUE N.E., FRIDLEY, MINNESOTA. (REQUEST BY MR. MARVIN ASP, 410 - 67TH AVENUE N.E., FRIDLEY, MINNESOTA.) Mr. Marvin Asp was present to present his request. MOTION by Gabel, seconded by Crowder, to waive reading the public hearing notice. Upon a voice vote, there being no nays, the motion carried. Mr. Asp explained he now has a 44' x 26' dwelling and wants to add on a 12' x 18' Addition that will be used as a family room. Chairman Drigans stated that a survey was not submitted so the Board does not know where the structures are exactly located. _ Mr. Crowder asked if a fireplace would be installed in the addition and Mr. Asp answered that there would be no fireplace. Chairman Drigans asked what kind of wall was existing between the garage and the porch. Mr. Asp answered that it was not a firewall at this time but it will be. Mr. Crowder asked about the elevation difference between a garage and the living area floor. He thought it was supposed to be 18 inches. Mr. Crowder asked if it was a must to have windows on the back side because of a possible request for a firewall to be installed. Mr. Asp answered that he wants the windows for ventilation. MOTION by Crowder, seconded by Gabel, to close the public hearing. Upon a voice vote, there being no nays, the motion carried. Chairman Drigans stated that according.to Section 45.151, 1, of the City Code, a survey or plot plan was necessary before a building permit could be issued. He informed Mr. Asp that he should have a plot plan to present to the Council. MOTION by Gabel, seconded by Crowder, to recommend to the City Council, approval of the request from 10 feet to 8 feet, with a notation to the Council that the applicant does not have a survey so the distance between the structure and the lot line is not exact but only approximate, if the applicant submits an approved plot plan. ' The Minutes of the Board of Appeals Meeting of September 25, 1973 Page 2 The Board would also like the Building Inspector to check on the elevation difference needed between garage floors and living areas. A VOTE UPON THE MOTION, there being no nays, the motion carried unanimously. ADJOURNMENT The meeting was adjourned at 8:05 P.M. by Chairman Drigans. Res full bmitted, 0 ARD MATTSON Engineering Aide Acting Secretary 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, September 25, 1973 to consider the following matter: A request for a variance of Section 45.053, 4B, Fridley City Code, to reduce the side yard for living area from 10 feet to 8± feet, to aticw the enclosing and enlarging of a porch area, located on Lot 7, Block 5, Rice Creek Terrace Plat 3, the same being 410 - 67th Avenue N.E., Fridley, Minnesota. (Request by Mr. Marvin Asp, 410 - 67th Avenue N.E., Fridley, Minnesota.) Anyone who wishes to be heard with reference to the above matter will be heard at this meeting. WILLIAM DRIGANS CHAIRMAN BOARD OF APPEALS 1.39 REGULAR COUNCIL MEETING OF OCTOBER 1, 1973 PAGE 5 assessments. He added, he had been assured this amount per 100 square feet would be $7.04 or less. MOTION by Councilman Breider to approve the request by Mr. David Harris to assume the storm sewer assessments of the adjoining property owners listed on the communication, if they are in excess of $800 and that this should appear on the final assessment rolls for the storm sewer Improvement Project No. 114. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF A REQUEST BY FORREST CORNELIUS, 4000 MAIN STREET FOR A SEWER SERVICE FROM CITY OF COLU1BI HEIGHTS: MOTION by Councilman Nee to authorize the Acting City Manager to submit a letter to Columbia Heights concerning the request and approve the request. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF A REQUEST TO PUT UP TWO TENTS IN WEST PARKING LOT FOR INDUSTRIAL ISPLAY FROMACTOBER 2, TO OCTOBER 15, REQUEST BY ONAN COMPANY: MOTION by Councilman Breider to approve the request by Onan Company to put up two tents in the parking lot from October 2nd to October 15th. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF A REQUEST BY WALL CORPORATION TO EXTEND BUILDING PERMIT FOR 0 DAYS: MOTION by Councilman Breider to approve the extension of the building permits as requested by Wall Corporation for 90 days with the same conditions as previously agreed to. Seconded by Councilman Starwalt. Mr. Rudy Dante addressed the Council and said the reason for the request was due to the financial problems with the money market. He expressed the hope that the trend would be changing and they would like some time to consumate the purchase. UPON A VOICE VOTE, all voting aye, Mayor Liebl declared the motion carried unanimously. RECEIVING THE MINUTES OF THE BOARD OF APPEALS MEETING OF SEPTEMBER 25, 1973: A REQUEST FOR A VARIANCE OF SECTION 45.053. 4B. FRIDLEY CITY CODE, TO The City Engineer explained in order to comply with the City ordinances, the applicant would have to supply the City with a letter from the adjoining property owner stating he has no objection to the construction. Mayor Liebl read the motion of recommendation from the minutes of the Board of Appeals meeting aloud to the applicant: Mayor Liebl further explained to the applicant that because in the past there had been a problem of some property owner building a construction on some one else's property, there had been an established policy of requiring appli- cants for variances to provide a registered land survey to protect the people. He said this would eliminate the possibility of someone building on another's land. The City Engineer stated he would clarify the matter for Mr. Asp and stated he would either have to furnish a survey or obtain a letter from the property owner to the west of his property stating he approved of the construction of the building. Mr. Asp questioned if the letter is obtained, would a survey be necessary? The City Engineer said the City would encourage Mr. Asp to submit a survey, but would accept a letter. Mayor Liebl stressed the necessity of obtaining the concurrance of the adjoining property owners. "We REGULAR COUNCIL MEETING OF OCTOBER 1, 1973 PAGE 6 MOTION by Councilman Breider to approve the request for the variance in the side yard set back as requested by Mr. Asp with the stipulation that he provide a letter of approval from the adjoining property owner or a registered land survey stating the position of the proposed structures. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. MOTION by Councilman Starwalt to receive the minutes of the Board of Appeals Meeting of September 25, 1973. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RECEIVING THE MINUTES OF THE PARKS AND RECREATION COMMISSION OF SEPTEMBER 24, 1973: MOTION by Councilman Breider to receive the minutes of the Parks and Recreation Commission of September 24, 1973. Seconded by Councilman Nee. The Acting City Manager asked the Council if they wished to take some action on the item concerning the use of mini -bikes. Mayor Liebl advised the Council he would prefer to wait until there was a full Council present before there was any action taken on the mini -bikes. The Acting City Manager asked if this should be placed on the agenda again. Mayor Liebl answered yes. UPON A VOICE VOTE, all voting aye, Mayor Liebl declared the motion carried unanimously. EIVING THE ACTION BY THE PLANNING COMMISSION FOR REZONING REQUEST BY MOTION by Councilman Breider to receive the action of the Planning Commission on the rezoning request by the North Suburban Hospital District, and set a Public Hearing for October 15, 1973, for rezoning and special use. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RECEIVING COMMUNICATION FROM UNITY MEDICAL CENTER: MOTION by Councilman Breider to receive the communication from the Unity Medical Center. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. IVING PETITION #11-1973 -IN OPPOSITION TO THE REZONING -FROM R-1 TO TH MOTION by Councilman Breider to receive the petition #11-1973 in opposition to rezoning to construct a medical office building. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RECEIVING THE MINUTES OF THE BUILDING STANDARDS -DESIGN CONTROL SUBCOMMITTEE MEETING OF SEPTEMBER 27. T973: CONSIDERATION OF A REQUEST TO CONSTRUCT A NEW BUILDING FOR OFFICE USE, LOCATED ON REGISTERED LAND SURVEY NUMBER 6. TRACT•B. THE SAME BEING Mayor Liebl read the stipulations abud to the Council and questioned Mr. Bill Kalina of Carter=Day Company on each of them asking if he concurred. Mr. Kalina agreed with each of them and stated he had no objection to any of the stipulations and would also like to establish an attractive construction. 560-3450 �LG O �N�GLLB t ANOKA COUNTY 6431 UNIVERSITY AVENUE NE October 15, 1973 FRIDLEY, MINNESOTA 55421 Mr. Marvin Asp 410 - 67th Avenue N.E. Fridley, Minnesota 55432 Re: Side Yard Variance to Living Area Dear Mr. Asp: Please be advised that on October 1, 1973 the City Council approved your request for a side yard variance from 10 feet to approximately 8 feet. The Council also waived the requirement for a survey if you would be able to have the neighbor nearest the proposed addition sign the enclosed form. Your next step for getting a permit is to make application for a permit and submit plans for your proposed construction. If you have any questions, please feel free to contact me. CIy, d 0/ G. C Community Development Adm. DGC /mh 4 I, 1. •LAI to add, owner of the property located at Yma LA). have no objection to the City allowing the construction of aAm;JV-room to be located at ID Alf e W . N.E. without the required certificate of survey that the City ordinarily requires for all new construction. r r a..`..- Address OC.I � 2-t. 1973 Date .01 1