VAR 09.69TO Fridley Sun
SUBJECT: Public Rearift Before the Board of Appellam DATE: Sept. 4, 1969
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APPLICATION TO THE1OARb;,O# APP!EA SS AND CITY COUNCIL
1Olt SPECIAL.USE PERMIT, VARIANCE IN REQUIREMENTS OF
C91TA114 ORDINANCES OF THE CITY OF FRIDLEY
(Applicant to complete items 1, 2, 3)
1. Name and Address of Applicant (10 7 /-..7'
2. Legal Description of Property (also general location, such as;"north
east corner of 64th Avenue and 5th Street" or 6415 Fifth Street")
3, Describe the variance requested. (Attach Plat or Survey of Property
showing location of proposed building, etc., also adjoining properties
and ownership within 200' of said property.)
4. Comments by administrative official denying original request for building
permit or other permit. (To be completed by administrative official.
Appropriate ordinances and section of ordinances to be cited.)
- 2 -
5. Notice of HeariAg appeared in Official Newspaper on the following
dates; / /
(must be at leadt once 10 days before meeting -- copy of notice to be
attached).
6. Board Members notified of meeting by
(List Members, Date Notified, and "yes" o "No" for plans to attend
hearing). A
Name Date Plan to Attend
hi j /h PTT E Ls7-AIi I o2
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7. Person making appeal and the following property owners having property
within 200' notified;
By Phone Notified by
Name Date or Mail (Initial)
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, �� d�d� �oJ �C
8. The Following Board Members and interested parties were present at the
Hearing;
BOARD MEMBERS
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OTHER PARTIES:
NAME ADDRESS
9. Opinions and recommendations by BOARD OF APPEALS:
Chet►Z-, Lo 0-
10. For Above Recommendations Against Recommendations
11. Action by City Council and Date:
8
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 Chambers of the City Hall at 7:30 P. M. on
Wednesday,September 24, 1969 to consider the following matter:
A request for a variance of Section 45.23
to reduce the sideyard requirement from
10 feet to 5.7' to permit the construction
of a family room to the rear of an attached
garage, to be located on Lot 16, Block 2,
Brookview Terrace, the same being 801 -68th
Avenue N. E., Fridley, Minnesota. (Request by
Joseph Vance, 801 -68th Avenue N. E., Fridley,
Minnesota 55421.)
Anyone desiring to be heard with reference to the above matter may
be heard at this meeting.
DONALD MITTELSTADT
CHAIRMAN
BOARD OF APPEALS
PUBLISH: September 10, 1969
(Official Publication)
CITY OFFGRIDLEY THE
PUBLIC HEARING
BOARD OF APPEALS
TO WHOM rr MAY CONCEllV* THAT the
NOTICE IS HEREBY of Fridley
Board of Appeals bf the City
of the
Will meet, in the Council C6
City Hall at 7:g0 p.m. on Wednesday. Sep,
tember 24, 1969 to considet the fol❑lowing
(natter: variance of Section
r p request for a sideyard require
45.23 to reduce the
meet from 10 teat to 5.T to perndt
the construction of a family room to flea
rear cated�o Lot l8 rage
Bloc§ 97e
to viTerrace. the samebeing 601Ave-
nue' N.E.. Fridley Minnesota.uest
byy Joseph Vaaca, 601-6wh Avenue N.E.,
Flddley Minnesota 55421.1 wide refer-
pnyone Aesiring to be heard
ence .to the above matter may be heard at
Zero DONALD Mfff—EISrADT
Board of pDPeala
(Sept. 10.1969).—TC .....................
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THE MINUTES OF THE BOARD OF APPEALS MEETING OF SEPTEMBER 24, 1969
The meeting was called to order by Chairman Mittelstadt at 7:35 P.M.
MEMBERS PRESENT: Mittelstadt, Ahonen, Harris, Minish, O'Bannon
OTHERS PRESENT: Hank Muhich-Building Official
MOTION by Minish to approve the minutes of the September 10, 1969
meeting as written.
Seconded by Ahonen. Upon a voice vote, there being no nays, the motion
carried unanimously.
1. A REQUEST FOR A VARIANCE OF SECTION 45.23 TO REDUCE THE SIDEYARD
Mr. & Mrs. Vance were present to present the request. They did not
have a plan for the addition and garage but Mr. Vance did show the
Board a sketch of what they were intending to build.
The Board was also shown a picture, taken by the Building Inspector,
of the area where the garage and addition would be constructed. The
Building Inspector did note an error that was made when the survey
was drawn up for either 801 -68th Avenue or 751 -68th Avenue. The
surveys showed there should be 31'-7" between structures and the
measurement taken by the Building Inspector was 30'-8". W,ith the
30'-8" measurement, the distance between the addition and the house
on the adjoining property, would be 3 tenths short of 15 feet.
Mr. Arthur Tripp, 751 -68th Avenue, came forward and explained that
his bedrooms face the proposed family room addition and he felt the
activity from this room might disturb them. He stated that the
closer the houses are the more noise there'is to hear and his house
has a large overhang which would increase the amount of noise that
they will hear.
Chairman Mittelstadt asked Mr. Vance if he would consider changing
the proposed addition into a bedroom and changing one of the present
bedrooms into the family room.
Mr. Vance answered that the main reason they want it to be a family
room is because it is away from the rest of the house.
Mrs. Vance explained that she wants it to be a family room as it is
located off from the kitchen and for eating purposes, food won't
be carried throughout the house.
Chairman Mittelstadt asked if they would consider making the windows
faoi6g-Ift-68th stationary and Mr. Vance said that they would.
2.
Minutes of the Board of Appeals Meeting of September 244 1969 Page 2
Mr. Tripp stated that he has just put his house up for sale and he
would appreciate it if the Vances could wait a couple of weeks before
they started to build. He said that if he did sell it within that
time that maybe the people who would buy it wouldn't mind the
proposed addition at all.
Mr. & Mrs. Vance did agree to wait until the October 15, 1969 meeting
before anything was decided.
MOTION by Harris to table this item until the October 15, 1969 meeting
to allow Mr. Tripp time to sell his home as' both the applicant and
Mr. Tripp are in agreement.
Seconded by O'Bannon. Upon a voice vote, there being no nays, the
motion carried unanimously.
Mr. Roger Ilstrup and Mr. Paul T. Scheel were present to present the
request. Mr. Peter Lindberg was present representing the land owner.
Mr. Ilstrup explained that the proposed station is a 3 bay ranch
style station. He presented to the Board a picture of a similar
station. The building will be 66 feet by 29 feet and will be
constructed of brick, with an exterior finish of used brick and will
have an enclosed storage area. He stated that they are getting
away from the smaller junky stations and going to the larger more
attractive station. He also stated that they have tried 3 designs
of buildings on this piece of land and this design is the most
suitable for the land and it fits in well with the Produce Ranch.
Chairman Mittelstadt asked Mr. Lindberg what the land owner thought
of this.
Mr. Lindberg answered that the land owner approves of this station.
He also stated the land will be sold to Shell Oil and not leased.
Mr. Harris brought up the point that this land is zoned commercial
and the only other business that would fit on this land would be
the drive-in type restaurant or a Dairy Queen.
A discussion followed which included the service road, water works
easement and sign location and size, but which centered on the
traffic problem in this area and the ingress and egress for this
station.
Minutes of the Board of Appeals Meeting of September 24, 1969 Page 3
MOTION by O'Bannon to close the public hearing.
Seconded by Minish. Upon a voice vote, all voting aye, the motion
carried unanimously.
MOTION by Minish to grant the Special Use Permit for the following
reason and with the following stipulation.
1. The hardship is the water works easement that restricts the planning
of anything else on this piece of land, and is compounded by the
loop back.
2. On the condition that the two entrances on Osborne Road be controlled
entrances. The West entrance having a traffic control sign stating
"entrance only" or "no exit" and the East entrance having a traffic
control sign stating "left turn only" or "no right turn".
Seconded by Harris. Upon a voice vote, all voting aye, the motion
carried unanimously.
ADJOURNMENT:
The meeting was adjourned by Chairman Mitteletadt at 8:45 P.M.
Respectfully submitted,
Y� " 40
MARY HIN
Secretary
THE MINUTES OF THE BOARD OF APPEALS MEETING OF OCTOBER 15 1969
The meeting was called to order by Chairman Mittelstadt at 7:30 P.M.
MEMBERS PRESENT: Mittelstadt, Minish, Ahonen, Harris, O'Bannon
OTHERS PRESENT: Hank Muhich-Building Official
MOTION by O'Bannon to approve the minutes of the September 24, 1969 meeting
as written.
Seconded by Minish. Upon a voice vote, there being no nays, the motion
carried unanimously.
1. A REQUEST FOR A VARIANCE OF SECTION 45.23 TO REDUCE THE SIDEYARD REQUIREMENT
FROM 10 FEET TO 5.7 FEET TO PERMIT THE CONSTRUCTION OF A FAMILY ROOM TO THE
REAR OF AN ATTACHED GARAGE, TO BE LOCATED ON IAT 16, BLOCK 2, BROOKVIEW
TERRACE, THE SAME BEING 801 -68TH AVENUE N.E., FRIDLEY, MINNESOTA. (REQUEST BY
JOSEPH VANCE, 801 -68TH AVENUE N.E., FRIDLEY, MINNESOTA 55421.)
MOTION by Minish to remove from table the initial request which was tabled
at the previous meeting.
Seconded by Harris. Upon a voice vote, there being no nays, the motion
carried unanimously.
Before acting on the item, the different proposals and agreements were read
from the minutes of the previous meeting.
In opening discussion, the Board inquired of Mr. Tripp, 751 -68th Avenue N.E.,
if he had any success in selling his property since the Board tabled the
request. He informed them he hadn't although some potential buyers were
shown the property. Mr. Tripp also stated that a 30 day extension clause was
included in the listing agreement, granting the Realty Company an additional
30 days after the expiration of the original agreement. He maintained he
had no objection to the garage addition but feared the nearness of a family
room, recreation room, or such, because of the possible noises resulting
from parties, hi -fie, etc.
Mr. Vance suggested using stationary windows on the wall facing the neighbors.
Mr. Charles Babcock, 6741 Quincy, a resident from across the street of the
proposed addition asserted that he had no objection to the request.
MOTION by Harris to close the public hearing.
Seconded by O'Bannon. Upon a voice vote, there being.no nags, the motion
carried unanimously.
Chairman Mittelstadt suggested the Board probably make a choice of one of
two possible decisions; approve or deny the request. To table the request
once more would probably solve nothing.
Minutes of the Board of Appeals meeting of October 15, 1969
During the lengthy discussion some of the following questions were brought
out:
1. Have the decisions of the Board in granting some of the past appeals
resulted in more requests lately? Could blanket requests result from leniency?
2. It was pointed out that although not as a point of hardship, porches
which are not considered living area are permitted the same setback as garages.
It is very likely that there are noisy occasions on porches as well.
3. Do high building costs and inflated financing constitute a hardship?
Mr. Ahonen expressed that the ever increasing demand for additional facilities
resulting from the status change in the family, plus the fact that the only
appropriate spot for a family room addition without creating an undesireable
room schedule and design, present a hardship. In considering this,together
with the family indulgence of the Vances, when the request was previously
tabled to gide Mr. Tripp additional time to sell his property, a MOTION was
made by Mr. Ahonen to grant the request.
Seconded by O'Bannon. Upon a voice vote, all voting aye, the motion carried
unanimously.
Before leaving the meeting, however, Mr. Tripp was reminded that he had the
right to appeal the decision of the Board, at the Council meeting of October
20, 1969.
2. A
FRDNT YARD SETBACK REQUIREMENT FROM 35 FEET TO 15 FEET TO PERMIT THE
CONSTRUCTION OF ATTACHED GARAGES TO THE FRONT OF PROPOSED DWELLINGS ON LOTS
INNS
5171. 5175. 5179. 5183. 5201. 5257 AND 5275 ST. TMIER DRIVE_ FRTDLEY_
1
ux°9
In order to aquaint the Board with some of the problems influencing the
request, a letter written by Mr. Rodney Billman, to the Inspection Department,
was read before the Board.
Mr. Moran, 5295 St. Imier Drive, expressed his views of the 15 foot front
yard setback as being opposed to the decrease in the requirements,as it would
result in an encrouchment of his front yard and obstruct the view toward his
house and away from it.
Mr. Gordon Murray, 5250 St. Imier Drive, and Mr. William Culbert, 5270 St.
Imier Drive, concurred with Dr. Moran in that the shorter front yards across
the street would give them the feeling of being crowded.
MOTION by Punish to close the public hearing.
Seconded by Harris. Upon a voice vote, there being no nays, the motion carried unanim-
ously.
With no further discussion a motion was made by Mr. Harris to deny the request, since
Mr. Bilkman showed no further interest in pursueing it.
1-
inutds of the Board of Appeals meeting of October 15, 1969+ Page 3
Seconded by Minish. Upon a voice vote, there being no nays, the motion carried
unanimously.
During a discussion period following the action on the items of the agenda, the
Board requested that all stipulations as directed by the Board of Appeals be
recorded and made part of all ensuing building permits.
Further discussion regarding the new sign ordinance followed. The Board
expressed a desire for a more explicit description of flashing signs.
Mr. Minish expressed concern over the variance, for the construction of
a sign, granted on July 2, 1968, to the Western Oil Company, 7600 University
Avenue N.E. One of the reasons for granting the variance was stated to be
that the 4' X 10' price poster signs would be eliminated. It is evident
that Western Oil has ignored this condition. Here Mr. Minish made a motion
that the Board request the City Council to obtain an opinion of the City
Attorney as to whether it is now possible to withdraw the variance or if
some other action is avaibable to enforce the conditions required when a
variance is granted.
Seconded by Harris. Upon a voice vote, there being no nays, the motion
carried unanimously.
The meeting was adjourned by Chairman Mittelstadt at 9:30 P.M.
Respectfully submitted,
46�'
Hank Muhich
Building Official