VAR 87-23CITY OF FRIDLEY
e , *431 UNIVERSITY AVE. N.E.
FRIDLEY, MN 55432
nw'..
(612)571-3450
PROPERTY INFORMATION
PROPERTY ADDRESS _ /'f/- 76 y -
LEGAL DESCRIPTION:
VARIANCE REQUEST FORM
VARIANCE # 4
VARIANCE FEE _+, RECEIPT
SCHEDULED APPEALS MEETING DATE �7
LOT 3 BLOCK TRACT/ADDITION &94'e "W&21
&21
PRESENT ZONING g0j,
VARIANCE REQUEST(S): Attach a plat or survey of the property showing building,
variance(s), where applicable.
iP� A r /
Section of the Code: _
List specific hardship(s) which require the variance(s):
tie_ Cxv_ b�Akok i yy' �o ���,���� �; ��. 0. a®' ;N„",C,�
wx dh' va C_ ♦ WA °C �(i!;S US � O� �t� cJl k � VA
60' or- cts Per 1pu:lca�hq �tscie , eDe2,
FEE OWNER INFORMATION
NAME (please print) dRih 1) e 5ZIS Q, 7A PHONE
ADDRESS
SIGNATURE 4ODATE k- %
PETITIONER INFORMATION /
NAME (please print) l`/ �l V k Z /!`S PHONE
ADDRESS A0,6 6.3
SIGNATURE
.1� k- DATE Z-9'-9'7_
APPEALS COMMISSION: APPROVED DENIED DATE G i3 g
CITY COUNCIL: APPROVED DENIED DATE
STIPULATIONS:
CI'WOF
HUDLEY
CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE{612) 571-3450
Arthur Silseth
10663 Pierce Street N.E.
Blaine, M 55434
August 4, 1987
On July 20, 1987 the Fridley City Council officially approved your request
for a Variance, VAR #87-23, to reduce the required side yard setback f rom 10
feet to 6 feet to allow the construction of a new house on Lot 3, Block 1,
Oak River Estates, the same being 141 - 76th Way N.E. with the following
stipulations:
1. None.
If you have any questions regarding the above action, please call the
Planning Department at 571-3450.
Sincerely,
James L. Robinson
Planning Coordinator
JLR/dm
Please review the noted stipulations, sign the statement below and return one
oopy to the City of Fridley Planning Department by August 18, 1987,
Concuraction
La
G7YOF
FRIDLEY
CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE (612) 571-3450
Jeffrey Buchli
141 - 76th Way N.E.
Fridley, MN 55432
May 23, 1988
On May 16, 1988 the Fridley City Council officially denied your request
for a a Variance, VAR #88-04, to reduce the required side yard setback
from 10 feet to 5 feet on the east and west side on Lot 3, Block 1, Oak
River Estates, the same being 141 - 76th Way N.E., due to the extremity
of the request. If you have any questions regarding the above action,
please call the Planning Department at 571-3450.
Sincerely,
James L. Robinson
Planning Coordinator
FRIDLEY CITY COUNCIL MEETIM OF NAY 16, 1988
NOTION by Councilman Schneider to authorizLthe ity Mans to enter into
this Joint Powers Agreement with Anoka Cou1andfitl abatement
activities. Seconded by Councilman Fitzppon a voice vote, all
voting aye, Mayor Nee declared the motionunanimously.
6. RECEIVING THE PLANNING COMAISSION DMMTE9 OF NAY 4, 1988:
A. ODNSIDERATION OF A REZONIM #88-01, 'PO REZONE FROM R-3
(MERAL KMTIPLE P!gL-I TO CR -1 (GENERAL OFFICE) ON PART
OF LOPS 2 AMID 3, AUD 'S SUBDIVISION NO. 25, THE SAME BEING
1001 HILLWINID ROAD .E., BY CHERYL STINSKI:
NOTION by Counci Schneider to set the public hearing on this rezoning
request for J 6, 1988. Seconded by Coungilman Billings. Upon a voice
vote, all ting aye, Mayor Nee declared the motion carried unanimously.
B. FfEM FROM THE M2=S OF THE APPEALS MM USSION
APRIL 26, 1988:
B-1.CONSIDERATION OF A VARIANCE REQUEST, VAR #88-04, TO REDUCE THE
R U -MED SIDE YARD SETBACK FROM 10 FEET TO 5 FEET ON THE EAST AND
AND WEST SIDE ON LOP 3, BLOCK 1, OAK RIVER ESTATES, THE SAME BEING
141 76TH WM N.E., BY JEFFREY BUCHLI:
Mr. Robertson, C a mnity Development Director, stated this variance request
bad originally covered variances for the two side yards as well as a f ront
yard variance, however, the petitioner withdrew his request for the front
yard variance at the Appeals Commission meeting. He stated the petitioner
stated the hardship was this one story L-shaped rambler home requires a side
yard variance for the main level floor plan and variances would maintain
continuity of existing limes on the block.
Mr. Robertson noted that last year another person wished to build a house om
this prcperty with six a foot setback and the Appeals Canmission denied the
variance, however, the layout was changed of the proposed home and then
approved by the city Council. He stated the petitioner never did build on
the site.
Mr. Robertson stated the Appeals Canmission has recommended denial of both
of these side yard variances on the east and west.
W. Buchli, the petitioner, stated the Appeals Commission denied the
variances and stated this house would be too close to neighboring hones. He
stated the adjacent homes have setbacks of 18 and 35 feet. He felt he
wasn't given a valid reason why the Ctmmmission felt it was too close.
CcA=i]men Fitzpatrick stated the setbacks to which Mr. Buchli is referring
are an his neighbor's property. He stated it is true the distance between
his proposed home and the ones an either side are 18 and 35 feet, but only
10 feet is on Mr. Buchli's property. He stated the problem is Mr. Buchli
wishes to construct a home which is 65 feet wide on a 75 foot wide lot. He
stated it seems there are other possible building plans which wouldn't
-5-
FR MLEY QTY COUNCIL MEETING OF NAY 16, 1988
require a variance.
Mr. Buchli stated he applied for the variances because this is the type of
homie he wishes to build.
Mr. Herrick, City Attorney, stated he didn't see a showing of hardship and
felt, if the variance was granted, it would be setting a bad precedent. He
stated sine this would be new construction, there are many home designs
that would f it on that lot.
Mayor Nee stated in order to grant the variance there must be a finding that
there is a problem with the lot and, in this case, there isn't a problem.
Mr. Doug Peterson, owner of Lot 5, stated he has no problem with the
variance.
Ms. Mary Boedigheimer, owner of Lot 6, stated she lives three lots from Dir.
Buchli's lot and objects to the variances. She also felt a variance may be
requested in the future for Lot 5.
Mr. Nick DeGroot, owner of Lot 2, stated he approved of the variance given
last year to a City employee and if the Council doesn't grant this variance,
he didn't believe it was fair. He stated if you allow variances for one
person, they should be allowed for another.
Councilman Schneider asked if the Council should allow any building on that
property regardless of the size.
Mr. DeGroot stated that both neighbors have no objection to the variance.
He stated Mr. Buchl i will be 18 feet from his home and 35 feet from the
other adjacent property owner.
Mr. Doug Peterson stated he could not see any future variances for Lot 5,
but a variance may be required for Lot 8.
d
Mayor Nee stated he has to consider the City Attorney's opinion and, in this
case, it is an extreme variance and there really isn't any particular need
for it.
MJTION by Councilman Fitzpatrick to concur with the recommendation of the
Appeals Ccomission and deny this variance request, VAR #88-04, to reduce the
required side yard setbacks frau 10 to 5 feet on the east and west sides of
Lot 3, Block 1, Oak River Estates. Seconded by Councilwoman Jorgenson.
Upon a voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
MYTION by Councilman Fitzpatrick to receive the minutes of the Planning
Commission meeting of May 4, 1988. Seconded by Councilman Schneider. Upon
a voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
7. CONSIDERA'T'ION OF APPR FIVE TAX FORFEIT LATS:
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STATE OF MINNESOTAVariances are not filed in Torrens
COUNTY OF A 40KA
CITY OF FF:IDLEY
In the Matter of a Variance, VAR #87-23
VARIANCE
Arthur Silseth , Owner
The above entitled matter came before the City Council of the City of Fridley
and was heard on the 20th day of July , 19—L7—, on a
petition for a variance pursuant to the City of Fridley's Zoning Ordinance,
for the following described property: Reduce the required side yard setback
from 10 feet to 6 feet to allow the construction of a new house on Lot 3, Block
1, Oak River Estates, the same being 141 - 76th 'Way N.E.
IT IS ORDERED that a variance be granted as upon the following conditions or
reasons:
See City Council minutes of July. 20, 1987.
STATE OF MINNESOTA )
COUNTY OF ANOKA )
CITY OF FRIDLEY )
OFFICE OF THE CITY CLERK
I, Shirley A. Haapala, City Clerk for the City of Fridley with and in for
said City of Fridley, do hereby certify that I have compared the foregoing
copy and Order granting a variance with the original record thereof preserved
in my office, and have found the same to be a correct and true transcript of
the whole thereof.
IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at the City of
Fridl y, Minnesota, in the County of Anoka on the �8`�' day of
9.
DRAFTED BY:
City of Fridley
6131 University Avenue N.E.
Fridley, MN 55132
SHIRLEY A. HAA ALA, CITY CLAK
Variances are valid for a period of one year following approval and shall be
considered void if not used within that period.
( SEAL )
COUNCIL MEETING OF JULY 20, 1987
E -f. CONSIDERATION OF A VARIANCE REQUEST, VAR #87-23,
TO REDUCE THE REQUIRED SIDE YARD SETBCK FROM 10 FEET TO
6 FEET TO ALLOW THE CONSTRUCTION OF A NEW HOUSE ON LOT 3,
BLOCK 1, OAK RIVER ESTATES, THE SAME BEING 141 76TH WAY
N.E., BY ARTHUR SILSETH:
Mr. Robertson, Community Development Director, stated the petitioner plans
to construct a new dwelling on this lot. He stated the home would be 44
feet long and the garage would be 20 feet which allows for a five foot
setback on the garage side and a six foot setback on the living area side.
Mr. Robertson stated Mr. Silseth has changed his original request and is
moving the home further east so a variance from ten to six feet is requested
on the east side of the lot. Mr. Silseth stated the reason he is moving the
home east is because the home located on the lot to the east has a setback
of 33 feet on the west side. He stated his garage would be located on the
west.
MOTION by Councilman Fitzpatrick to grant variance request, VAR #87-23, to
reduce the required side yard setback from 10 feet to 6 feet on the east .
side of this lot to allow construction of a house on Lot 3, Block 1, Oak
River Estates at 141 76th Way N.E. Seconded by Councilman Goodspeed. Upon
a voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
Mr. Silseth stated residents on Rickard Road and 76th Way have stated they
wished something could be done with the house on Lot 4.
Councilman Fitzpatrick stated when this plat was approved, this home was
existing and the plat tried to accommodate it. He thought some stipulations
were made relative to this home and perhaps they should be reviewed.
MOTION by Councilman Fitzpatrick to receive the minutes of the Planning
Commission meeting of July 8, 1987. Seconded by Councilman Schneider. Upon
a voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
10. RECEIVING THE MINUTES OF THE CATV MEETING OF JUNE 18, 1987:
MOTION by Councilman Goodspeed to receive the minutes the Cable
Television Commission meeting of June 18, 1987. Seco d by Councilman
Schneider. Upon a voice vote, all voting aye, Mayo ee declared the motion
carried unanimously.
11. CONSIDERATION OF CHANGE ORDER N0. 3 EORO'P-EMOLITION & SITE GRADING PR
N0. 163, ENEBAK CONSTRUCTION:
Mr. Robertson, =munI14-'bevelopment Director, stated this change order
covers the compon Enebak Construction was awarded in the American
Arbitration ciation Industry Arbitration Tribunal.
Yx- ora, Public Works Director, stated the change order also includes
sts for on-site sand mining and clay backfill placement. He stated any
-11-
Arthur Silseth
10663 Pierce Street N.E.
Blaine, M 55434
August 4, 1987
On July 20, 1987 the Fridley City Council off icially approved your request
for a Variance, VAR #87-23, to reduce the required side yard setback f rcm 10
feet to 6 feet to allow the construction of a new house on Lot 3, Block 1,
Oak River Estates, the same being 141 - 76th Way N. E. with the following
stipulations:
1. None.
If you have any questions regarding the above action, please call the
Planning Department at 571-3450.
Sincerely,
Janes L. Robinson
Planning Coordinator
JLR/dm
Please review the noted stipulations, sign the statement below and return one
copy to the City of Fridley Planning Department by August 18, 1987.
Concur with action taken
As
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Arthur Is
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C®MNSSI®N APPLICATION REVIEW
UM ®ate
Department Number Flie Date Meet114v
Planning 1 53 1 6/08/87 1 6/23/87
C-1 I T OF
FFUDLEY
File Address/Description VAR #87-23 COMPLETE REVIEW CHECKLIST
141 - 76th Way Reduce side yard setback RETURN TO PLANNING
from 10' to 6' Arthur Silselh
RDARYL I COMMENTS
YIEBBIE
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DEBBIE--
J®HN� l
DEBBIE---
DDARREL
107LYDE
DEBBIE
ARK
—DEBBIE'—
LEON t --/
—DEBBIE—
On Tuesday, June 23, 1987, the Fridley Appeals Commission officially denied
your request for a variance, VAR #87-23, by Arthur Silseth, pursuant to
Chapter 205.07.03, D, 2a, of the Fridley City Code, to reduce the side yard
setback from 10 feet to 6 feet to allow the construction of a new house on
Lot 3, Block 1, Oak River Estates, the same being 141 - 76th Way N.E.,
Fridley, Minnesota, 55432.
This item will be heard by the City Council on July 20, 1987, for their final
wnsideration. If for any reason you wish to withdraw your request, please
notify us in writing by July 6, 1987.
If you have any questions regarding the above action, please call the
Planning Department at 571-3450.
Sincerely,
IQOJ45-..-%
Darrel Clark
Chief Building Official
DC/l n
I
G7YOF
FRID[EY
CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE (612) 571-3450
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Appeals Commission of the City of Fridley
will conduct a Public Hearing in the City council Chambers at 6431 University
Avenue Northeast at 7:30 p.m. on Tuesday, June 23, 1987, in regard to the
following matter:
Consideration of a variance request, VAR #87-23, by Arthur
Silseth, pursuant to Chapter 205.07.03, D, 2a, of the Fridley
City code, to reduce the required side yard setback f rom 10
feet to 6 feet to allow the construction of a new house on
Lot 3, Block 1, Oak River Estates, the same being 141 - 76th
Way N. E. , Fridley, Minnesota, 55432.
Notice is hereby given that all persons having an interest therein will be
given the opportunity to be heard at the above time and place.
DONALD BETLCLD
CHAIRMAN
APPEALS CDNMISSION
Note: The Appeals Commission will have the final action on this request,
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.
VAR #87-23
ACING LIST Appeals
Arthur Silseth
Robert Stannard
Joseph Flaherty
65 --75th Way N.E.
124 Rickard Road N.E.
Fridley, MN 55432
Fridley, MN 55432
Rose Price
Ralph Peterson
77 - 75th Way N.E.
116 Rickard Road N.E.
Fridley, PMT 55432
Fridley, MN 55432
Debra Hendrickson
Sandra Duebek
91 - 75th Way N.E.
108 Rickard Road N.E.
Fridley, MN 55432
Fridley, AMT 55432
Michael Born
Robert Hinz
105 - 75th Way N.E.
157 - 76th Way N.E.
Fridley, MN 55432
Fridley, MN 55432
John Stifle
Nick DeGroot
119 - 75th Way N.E.
149 - 76th Way N.E.
Fridley, AMT 55432
Fridley, A21 55432
Anthony Hogen
JoEllen Lewis
133 - 75th Way N.E.
133 - 76th Way N.E.
Fridley, MN 55432
Fridley, MN 55432
Beatrice Kryzer
Donna Engebretson
147 - 75th Way N.E.
3654 Van Buren Street N.E.
Fridley, AMT 55432
Fridley, AMT 55432
Lawrence Addison
Donna Engebretson
150 Rickard Road N.E.
117 - 76th Way N.E.
Fridley, AMT 55432
Fridley, MN 55432
Jeffrey Mondloh
Arthur Silseth
7521 Alden Way N.E.
141 - 76th Way N.E.
Fridley, MN 55432
Fridley, AMT 55432
Philip Lind.
Arthur Silseth
7501 Alden Way N.E.
10663 Pierce Street N.E.
Fridley, AMT 55432
Blaine, MN 55434
John Pierro
7515 Alden Way N.E.
Fridley, MN 55432
Harold Dahlberg
132 Rickard Road N.E.
Fridley, MN. 55432
Dennis Ottem
140 Rickard Road N.E.
Fridley, MN 55432
6/12/87
Item #2, June 23, 1987
1 ft' 4�1' • '�
141 - 76th WAY N.E.
VAR #87-23
A. RBLIC PURPOSE SEEVED BY REQUIREMENT:
Section 205.07.3, D. 2a requires a side yard setback of 10 feet between
any living area and side property lines.
Public purpose served by this requirement is to maintain a minimum of
20 feet between living areas in adjacent structures and 15 feet between
garages and living areas in adjacent structures to reduce exposure to
conflagration of fire. It is also to allow for aesthetically pleasing
open areas around residential structures.
B. SEA= HARDSHIP:
"We are building a 44 foot long rambler with a 20 foot minimum width of
garage which gives as 64 feet of building and only 60 feet of buildable
space as per building code. The house to the east or right side of me
is at least 50 feet from where I will be building. I shall have the
exact footage for you at the June 23 meeting.
"The reason I am building a rambler and asking for a variance is that
my in-laws may be living with my wife and I. Their ages are 84 years
and 88 years."
C. ADMINISTRATIVE STAFF REVIEW:
This property is located north of 76th Way and west of East River Road
in the new Oak River Estates subdivision. The lot is currently vacant
but the petitioner plans to construct a 66 foot long dwelling unit (44
foot long house, 20 foot long garage).
The lot is 75 feet wide. 7his allows for a five foot setback on the
garage side and a six foot setback on the living area side, which
requires the variance.
The houses on the east and west sides of the petitioners' lot are set
back 30 and 13 feet, respectively, from the side lot lines they share
with the petitioner.
Staff has no stipulations to recommend if this petition is approved.
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UTIL17.Y
.ASEMENTS NARERSNAGE
HOWN THUS:
/"•- 5
m
A"jj I J Uh.
Have cava
the
thi s ue And essM� a to be, s
uj
19 _1dsy of s fro
oti li
��d•
Leslie � 11 er
State of
CoUnty of
s481e.
77"
State of
Count) of
31481 e.
i}1 f
I hereby cer
sei d surve fy that
I
that
have
around as show on s e di stancesur»
si d Plat; tha7
St&t,e of
County of�M--4
RA0ster6d ��n ?}te fo
urveYor, reao
*hereby ce
regularsee r�fY that
CIN Iowa tIng thereof the
Cots
jvl, s
By • �xr• MIMMOTA�
ChAkk
ed and approved this