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VAR-1975/ , � � SURJEC! ' � � �;�ty �f �, r,��y � AT TNc TOP OF THE TWINS ; �, APPLICATION T0 �OaRD OF AP1'EALS , � . � L ___� COMMUNI7Y DEVELOPMENT Dly. r � � � PHOTECTIVE INSPECTION SEC. 1 . � i� � �""� � CiTY HALC` fRID�EY 55432 NUMdEN nEY. fiATE pAGE OF pVPHOVED BY -�---��` ��j s�2-ssn-saso 91Q-F23 1 3/21/75 1 2 800 rram��; �� P� ��k�`s � r�ddress �s � 3 � Io I S�- Phone �86- lSSB � � 'g�' � E 1.ca�� (° r Legal Lot No. Block No. Tract or Addn. bescription vZ tia P�S �00 d� A`�S ' "" Variance Request(s}; including sta�ed hardships (attach plat or survey of propertv showirig building, variances, etc., where applicable) . 1 f _ �� •� `� ee r ��'�rr p4��f�j �� - �b f �Du� �cL i r�_ , q �`/ x�� q a r u,q e, t �`�e ✓� c r U r�� t vr� wl� '� � - -c, �� ra �u �f � v uv s � �� S il ` 2? � L1 �� ,,r. c'� s i c1e (� r.e I' o r�. -�� _ .r_� _.� � �L'L,__.�,�y. �lV�• �"° "`,°r �a``� �GY .3 _r��.. _.. ' Da t E� C.a� � � E�� _,- S� Y,3 � s=3 /� 7� Meeting Late F'ee Fceceipt I,�o. 5ignature �_:,�_��l Q � s?� �_�� 3 � ��- C�nunents & Recommenc�ations by m' tlze Board of I�p�eals ��. , � ' �,.�"j�• '_ . : -_ � . _ . _ —_------ .. � . �...�_,..-�----�--_r �___ Cii:y Council Action arid Date ` !�. . SUBJECi 4�ity nf �'r•ic�ley AT THE TOP OF TH� TN/INS APPLICATIOfJ TO BOARD OF APPEALS r" � � � � i . COMMUNITY OEVELOPMENT DIV. � S t 1 f f Rep o r t) i ; �-_"_..- � � � PROTECTIVE INSPECTION SEC. � . ; r � � �'"'"1 : C�7Y HALL FRIDLEY 55432 Nun,+eeH REV. Ua7E PAGE oF qPpNOVEU BV � __--1`: `.J 612-560-3450 9].�-F23 1 3/21/75 2 2 800 Staff Comments Board me:nbers notified of ineeting by List members, date notified, and "Yes" or "No" for plans to attend hearin . Plan Date To Attend ,� � Name t LI1.�.� �C � c`�,�^,C�G � � —. � � �(�rra _��1'��tQJI _ — - Pearson making appeal and the followi.ng property owners naving property within 200 feet notified: By Whom . Name Date Phone or Mail Notified 5��. S / - �c - �S - �7 r! �%1 ��j �. �41 � � � � � S . ' o ,1� ', c-� � �C�hC� � �1�;, � 4 �; �.��1hCl 1 `� l Q C " ..-. , { � � � � I ,� � � � �, �� -� cn-v o� �ia�a��v�! SU�JEC7�.. Ml�v��sOTA � CGI�MISS�L7�V �,6��:,.lC.+4Ti�ti'� __ ___ __._ __ . - i=i�i/l�1�1/. _ . - Ueper rtt/f)ivisionr . . _ -- •. .. Numhe� j 2v oq9 ADprwed bY ! Dcis . - _ ,. � , FI 11lO/.AtlDiii9� .. _.. ' FIL@ OAY/ ___..� CC131APLET€ Ia�ViEUV• Gl�1�'sC1�LiS7` �G��,,�,r',.,�a�°' .,j --�Qi/ 7,% R�'i`U�iN TQ Pl..R,tVd�.i�#VQ ' -_ QG�� ou�s t�A►a■ .__.�.. � ,,�/.3 � ,� . ? , �:-�� , j,,.� cflrw�,��v�r� � ' �� . � _�""�� _ �' �� J�� ;�� r � � �� . .�- � � � �; ; � �� .�: ��..�� _ .. �.. � --� s'� �t�t�` °� �� ...�`��x� ��i�l�,:, �` .�� "��`�'" �� _ i t �" ,��°�d'�+!'.r� Ii � 1 ��U � � C� C� � j��, t-�; � _ � � OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFpRE THE APPEALS COMMISSION TO WHOM IT MAY CONCERN: Notice is hereby given that the Appeals Co�nission of the City of Fridley will meet in the Council Chamber of the City Hall at 7:30 P.M. on Tuesday, Sune 28, 1977 to consider the following matter: A request for a variance of Section 205.063, 4D, Friclley City Code, to reduce the rear yard setback on a double frontage lot from the required 35 feet to 20.5 feet to allow the construction of a detached garage to be located on Lat 7, Block 2, Nagel's Woodlands, the same being 7513-7515 Ab1e Street N.E., Fridley, Minnesota 55432. (Request by Mr. Tim Chies, 8624 Mississippi Boulevard N.W., Coon Rapids, Minnesota 55433.) Anyone who desires to be heard with reference to the above matter will be heard at this meeting. VIRGINIA SCHNABEL CHAIRWOMAN APPEALS COMNiISSION �- _.,. _ _ NOTE: The Appeals'��Gommission will have the f�,nal action on this request, unless there are objectic?ns from.surrounding neighbors, the City �taff, or the petitioner c�o�'s•,�-�� _agree with the Board's decision. ____ If any of these events occur the r'" , equest�-w�,ll continue to the City Council with only a recoimnendation from the Rppeals Commission. ;„ _ �� I`� ��-�U � i� v l � r.... ��`� �� ~�.� r' �,r- �� . Item #1 - June 28, 1977 AD��IPdISTRATIVE STAFF REPORT 7513-7515 Able Street A. PUBLIC PURPOSf SERVED BY REQUIREMENT: Section 205.063, 4D, requirement of 35 ft. rear yard setback on a double frontage lot. Public purpose served by the requirment is to allow for adequate open rear yard areas should any of the buildings in a double frontage block face the "rear". B. STATED HARDSHIP: Owner wishes to maintain the same setback as the adjacent garages. C. ADMINISTRATIVE STAFF REVIEW: In June of 1976, Porfolio Realty was granted 10 similar front yard variances from 35 feet to 20.5 feet. These garages have been constructed. This variance request is to match the setbacks of the adjacent garages. The proposed garage is adequately sized. Please note that due to the R-2 zonin�;.this request..must proceed through the Planning Commission and City Council. � �,-- / ica Cou�ty tiwy ;e Numbsring i'Gil pital & Clinic's ticip�! Buifdi�as k; s s4 ' �ffice noo 1 b?i-: ::.�k�coi °'ro��r�y � � N F N `J�1@ .�JC�'?OQ� PCO�}E'.'"tY w r z oi z � ` a ¢ W } F N � O V � Y m K ViLI..AGE o _. _ � -- --; --- --� --- ------- - ----� o . _.��— .- $ -. - -• " ..---- • - r _ . � }� � �MAGLE . I�� fR10LEY NaNOR +' � r NtEDICAI RPT. CoMe WOODCR � a' CLINiC -{— }- SCt HOSP. = y� � .ci�� MAOIE M�XJR � � a� MURSiN6 N04E �' 4�'NE 76T�e �l�G ` W 1�' I COL. HTS. SCHOQL D{STRtCT N4. � t�0 . t 3 t GF 7513-7515 ABLE STREET N� N I � SPRiNG---.--- -' " __` -__ _- __' _ __ — _ . T'1 n (i, ossoRn� r-� -.--- . ---- _ .. ... , , ,i... .... . �. �. ..-. :, . . I v�KtHa CMEV�G�.E7 � i!R""� � ,_._.: , """'------•.-�..-i � Gj�oNSZa6n_ PI�,,R��aF ��1 � �STq?E �! i hfC=3�':';.:.� ��NDNU�GA AV�.� ! �_____�� I� �1M�ELL. M0.�2 -. � -�--�-- �� -5.;z .'; t D N.C. NOIUM AND ASSOCI�TES, INC. � 10130 CENTRAL AVE. N.E. ( Mwy.66)—BLANVE,MiNNE30TA 0�434 ❑ \ CERT�ICATE OF 3URVEY: � �D CHIE:S . , ,- 1<< t. ! [Y.. � V"� E�a I ��Jl � W � �_... ..__...� , __. � 3 5,?_ 120 , z2:o� � i � i i � % � , ; �c 71a. 6G � � „_ � ScA�.� � 20' 483o-2.t8/1-3 ""Cl DENO7�S IRON �.� ' tr� � � � .�o�, _. . . _ _ _ _ _ - - _ ._..._ , � . � �,. ,.� �'-- � f `� / *` � �. —� � ' .� 5. � !, z�'�� U I L ITY A �—. ------- —- -�' . ,_ � '. � _ � ._ � , — � _.. _._.. ., � 2 U� � + j, � K � -=T ='' o� `- _ EME�tT �---- — i Lot 7, Block 2, Nagel's Woodlands, Anoka County, M1nn, .� � iv W 0� F— � � t�.l � Q W { HEREBY CERTIF1f THAT THIS IS A>TRUE AND CORitECT REPRESfMTATtON OF A SURV�Y O/ TN! i0UM0ARltf OF THE AdOVE DESCRIBED LANO, AND TME LOCATION OF ALL dU1LDINGS, TNER�ON, ANO ALL �►IS1iL.t tN• CROACHA{EN?S, IR ANY, FROM OR ON SA10 LANO. AS SURVEYED BY ME tH15..... 19�......DAY OF ...,....!�Y ................................A.D. 19.....77...... N.C. HOIUM AND ASSO TES I C. .............. �..L.l...... ..!... I........................... . ,. . . . .. ...... M��..ofa R.Q;.�.o�;� No. ...4.427 ............. � CITY OF FRIDLEY APPEALS COMMISSION MEETING — JUNE 28, 1977 PAGE 1 , CALL TO ORDER: � Chairwoman Schnabel cal]:ed the meet' g to order at 7:45 R.M. ROLL CALL: Members Present: Members Absent: Others Present• APP�20VE APP Plemel�/Kemper, Schnabel� Gabel, Barn�/ �e Ron Holden, Building Inspection Officer SSION MINUTES: JUNE 14, 1977 MOTION by s. Gabel, seconded �by Mr• Barna, that the minutes of t June 14, 1977, Appeals Commission Meeting be approved Upon a voice vote, all voting aye, the motion carried u nimously. 1. REQUEST FOR VARIANCE OF SECTION 205.D63, 4D� FRIDLEY CITY �ODE, TO REDUCE THE REAR YARD SETBACK ON A DOUBLE FRONTAGE LOT FROf1 THE REQUIRED 35 FEET�TO 20•5 FEET;: TO ALLOW THE CONSTRUCTION OF A DETACHED GARAGE, TO��" BE LOCATED ON LOT 7, BLOCK 2, NAGEL's WOODLANDS, THE SAME BEING 7513-7515 ABLE STREET N.E., FRIDLEY, MINNESOTA. {Request by Mr- Tim Chies, 8624 Mississippi Boulevard N.W., Coon Rapids, Minnesota 55433}• MOTION by Mr• Barna, seconded by Mr• Plemel� to open the Public Hearing. Upon a voice vote, all voting aye, the motion carried unanimously• The Public Hearing was opened at 8:46 P.M. ADMINISTRATIVE STAFF REPORT A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.D63, 4D� requirement of 35 ft. rear yard setback on a double frontage lot. Public purpose served by the requirement is to allow for adequate open rear yard areas should any of the buildings in a double frontage black face the ^rear^• .�"�" a __ _ AAPEALS COMMISSTON MEETTNG — JUNE 28, 1977 � PA�E 2- � B• STATED HARDSHIP: Owner wishes to maintain the same setback as the adjacent garages• � C. ADMINISTRATIVE STAFF REVIEW: In June of 1976, Portfolio Realty was granted 10 similar rear yard variances from 35 feet to 20•5 feet. These garages have been constructed- This variance request is to match the setbacks of the adjacent garages• The proposed garage is adequately sized• Please note that due to the R-2 zoning, this request must proceed through the City Council• (�r• Holden indicated that several garages located south of this lot had previously been granted variances to allow for garage construction. This garage was being proposed to be in line with the other garages, but in this case was under a different ownership; therefore, it needed a variance. The reasons the variances were allowed in the first place was because of the double frontages, a 35 foot setback was required in the front and a 35 foot setback was required in the rear. Without a variance, he said that the garage would have to be build right up against the house. He also explained what else was located in the area — a(�obile Home Park across the street that was camouflaged by trees and light industrial to the east/west. Chairwoman Schnabel wanted to know if the garage currently under construction at 7431-7433 had also received a variance at a previous time• Mr• Holden said that a variance had been granted about one year ago• Chairwoman Schnabel asked if that would be consistent with the 20.5 foot setback- Mr• Holden said that it would be consistent. Mr• Tim Chies of 8624 Mississippi B1vd N•W• asked if he would need to apply for a separate variance for each garage that they would build. He indicated that his fatfi er owned several of the lots and that he did plan to put garages on the lots at some time. He wanted to know if it would be possible to be granted a type of blanket variance to cover all the lots owned by his father in that area or if he would have to pay the $50 fee each time they needed the variance- 0 v • APPE•ALS COMMISSION MEETING — JUNE 28, 1a977 V . PAGE 3 . Chairwoman Schnabel said that he could app].y for a blanket variance and pay the one fee. ' him that technically a variance was�oh1She pointed out to She informed him that unless constructiongwas started during that year, he would have to app],y for an extension, which would require no fee. She did point out that it would be frowned on by the Commission if he asked for a blanket variance for B garages and only built one a year and extended the variance for seven years out. She explained that if canstruction was started on a number of the garages, and then for some reason he found he would be unable to complete all eight, a variance extension could be granted. Mr• Plemel commented that there had been many garages built that required the seme variance. � really had cleaned u the area. He felt that garages miscellaneous items were out of the yardstand streets�end put into a common area. �hairwoman Schnabel asked when Mr. Chies planned to � start construction. � Mr- Chies said he planned to start building the garage in two weeks or less. Chairwoman Schnabel asked if the double bungalow would be totally rental property. Mr. Chies said that he would be living in the subj,ect double bungalow. Chairwoman Schnabel asked if the exterior finish of the garage would be matched to the finish on� the house. Mr• Chies said that the exteriors would be all the same -- house and garage. Ms. Gabel wanted to know what a double frontage lot was and who determined which would be the front and which the rear• , Mr. Holden explained that the person building the house could decide which direction the house would face. He said that the City did try to discourage houses facit�g every-which- way on a block by avoiding heavier traff�ic flow on one of the streets, thereby making that street the front, and the street with the less traffic the rea�. (Most garages on doubie frontage lots are entered from the rear). APPEALS COMf1ISSI0N �-EETING — JUNE 28, 19??- PAG�' 4 - � Mr- Kemper asked if there had been any negative responses to the Public kiearing notice• � Chairwoman Schnabel said that no responses had been received at all• MOTION by f1r. Plemel, seconded by Mr• Barna, to close the Public Hearing. Upon a voice vote, all voting aye, the motion car�ied unanimously- The Public Hearing was closed at 8:D0 P.M. Ms. Gabel pointed out that it should be brought to the attention of Mr• Chies that the note on the bottom of the Public Hearing notice that he had received was incorrect. Chairwoman Schnabel explained to Mr• Chies that due to the fact that the Appeals Commission could only give final approvals on lots zoned R-1, and since his was zoned R-2, the final decision would be up to the City Council. She apologized for the typographical error• Mr• Chies wanted to know`why he had to go to City Council and when. Chairwoman Schnabel explained that it was stated in the Zoning Ordinance• She said that the only time the Appeals Commission was allowed to give final approval to anything was in an R-1 District. She pointed out that anything other than R-Z, the Commission could only make a recommendation to City Council who would have the final decision• Chairwoman Schnabel said that the next City Council meeting would be on July 11„ 1977. Mr• Kemper asked �1r• Chies what type of problem going to City �ouncil woula create• Mr• thies indicated �hat it mainly was the fact of another delay. He said he was getting tired of the ^red tape^ involved in getting a variance that had already been granted for 12 other lots in the same area with the same situation- ' He felt that someone should have the authority to grant the variance since 12 other variances had been granted. 0 . , : ApPEALS COME1ISSION MEETING -- JUNE 28, 197? PAGE S' Chairwoman Schnabel said that eve�ything that happened relative to building had to follow.within the Zoning Ordinance. She explained that f1r• Chies had not been singled out- She said that if they cannot situate what they proposed to build and meet the Zoning Ordinance, then they had to apply for a variance• She said that it took time because once the owner applied for the variance, it had to be published in the official paper and notices had to be sent to the adjacent neighbors in case they had any concern about the project, in which case they would have the opportunity to make that concern known• Mr• Chies questioned who could have been notified. He said that one person owned all ten lots to the south of his property. Chairwoman Schnabel said that every property owner for . 20� feet had to be sent a Public Notice as per the Zoning 4rdinance• She said thet everyone had to be allowed to. express themselves if they so desired. f1r- Plemel pointed out that indeed Mr• thies had a speGial case, but the Appeals Commission still couldn't grant the approval• Chairwoman Schnabel said that it had been a typographical error and that Appeals Commission was not permitted to have the final say on anything other then an R-1• Mr• Barna encouraged Mr• Chies to bring up his dissatisfaction to �he City Council when he appeared,before them. Mr• Chies wanted to know if it would really do any good. Chairwoman Schnabel said that definitely the City Council would be interested in hearing what he had to say. MOTION by Ms. Gabel', seconded by Mr• Barna, that the Appeals Commission recommend to City Council the approval of the request for a variance of Section 205.�63, 4D� Fridley City Code to reduce the rear yard setback on a double frontage lot from the required 35 feet to 20.5'feet to allow the construction of a detached garage to be located on Lot 7, Block 2, Nagel's Woodlands, the same being 7513-?515 Able Street N.E-, Fridley Minnesota 55432. . APPEALS COM�IISSION MEETING — JUNE 28, 1,977 PAGE 6 Mr• Barna pointed out that there was 12 other existing garages in the block and that there will be additional requests in the same area by the same family• UPON A VOICE VOTE, all voting aye, the motion carried unanimously• �hairwoman Schnabel said that the request would go to City Council on July 11, 1977, and encouraged Mr• Chies to mention to the Council that he felt the request could have been handled by the Appeals Commission without going through the City Council and he had been dissatisfied with the way the whole request had been handled. Chairwoman Schnabel also told him to calZ City Hall on July 11th and the City f1anager's Secretary wQUld'be�able to tell him approximately when his request would•be heard. 2- REQUEST FOR VARIANCES OF THE FRIDLEY CIT CaDE, AS FOLLOW : ECT ON , , T4 REDU THE FRONT YARD T K FROf1 THE RE UIRED FEET TO 9 FEET, AND, ON � B, TO REDUCE THE DE YARD SETBACK HE R E DE OF ORNER LO , FROf1 THE RE UIRED 0 , TH , TO ALLOW T �� '1 �AD N.E., FRIDLEY, MINNESOTA, equest by Dr• Surendra C aud ary� 38�8 f1acalester rive, Minneapolis, Minnesota 55416}. MOTION by Mr• Barna, s onded by Mr• Plemel, to open the Public Hearing• Upon voice vote, all voting aye, the motion carried unanimousl • The PUblic Hearing was opened at 8:10 P.M. ADMINIS,TRATIVE STAFF REPORT --� A. PtJBLIC PURPOSE JSERVED BY REQUIREf1ENT: Section 205.Q�3, 4, A, requiring a front yard setback of 35 feet - / Public pu pose served is to allow for off-street parking without ncroaching on the public right of way. Also for aes etic consideration to reduce t;he ^building line o sight^ encroachment into the neighbors front yard- . APPEALS COMMISSION MEETING — JUNE 28, 1977 PAGE 9 M r• Plemel asked if there had been any response from other neighbors. Chairwaman Schnabel said there had been no responses at all • � Mr• Barna added that except for Mrs. Mulvihill� who wasn't in objection to Dr• Chaudhary's plans. He said that she had appeared because she had thought it was a different lot on a different corner- Ms. Gabel said that given the lay of the Yand with the large drop in elevation at the back of the lot and Dr. Chaudhary's desire to perserve the trees, she felt that the entire plan would be very aesthetically pl,easing. MOTION by Ms. Gabel, seconded by Mr• Barna, thet the Appeals Commission approve the request for variance of the Fridley City Code as follows: Section 205.053, 4A, to reduce the front yard,setback from the required 35 feet to 29 feet; and Section 2�5.OS3, BS, to reduce the side yard setback, on the street side of a corner lot, from the required 17•5 feet to 15 feet, to allow the construction of a dwelling and garage to be located on Lot 1, Block 2, Innsbruck North, the same being 5640 North Da�ube Road N.E, Fridley, MN 55432• Upon a voice vote, all voting aye, the motion carried unanimously• Chairwoman Schnabel indicated to Dr• Chaudhary that his variance requests had been approved and that he could apply for his Building Permit. 4. OTHER BUSIfVESS Ms. Gabel suggested that a better checking on the Public Notices was done to prevent the misunderstanding that had happened regarding Mr• Chies. Even though it was an understandable typographical.error it should not.have happened and every endeavor should be made so it didn't happen in the future. Ms. Gabel said that she felt that administratively something should be dQne to enable the Appeals Commission to approve variances of the type that had been discussed regarding M r• Chies. � � .< APPEALS COi1MISSION MEETING — JUNE 28, 1977 PAGE 1� � Mr• Halden expZained that because of the City Council`" Bylaws regarding the approving of variances on Districts ' other than R-1, they would be open to cri�icism if they deviated from tlie laws. Mr• Holden said that in the case of Mr• Chies, it would be nice to look at the rest of the block in question and grant a blanket variance to take care of any future construction of that type• ADJOiJRNf1ENT MOTION by Ms. Gabel, seconded by Mr- Plemel, to adjourn the A�peals Commission Meeting of June 2B, 1,977. Upon a voice vo�e, all voting aye, the motion carried. Chairwoman Schnabel declered the meeting adjourned at 8:35 P.M. �e��ectfully submitted, r�'`��:�� ' _ ,��` B'aryLee Carhill < �� '' r x � �_. � r� � , �' „ . k' - $ v, � r�; z «„{�.'� { � �z '�� f :±k �,; � _ - �..."' ;.r ,f: `- . �"', . T � ' d. � �: � . �. _ .� � �� 6431 UNIVERSITY AVENUE N.E., FRIDLEIP, MINNESOTA 55432 TELEPHONE ( 612)571-3450 July 18, 1977, CITY COUNCIL ACTION TAKEN NOTICE Mr. Tim Chies 8624 Mississi}�pi Blvd. N.W. Coon Rapi ds , hin 55433 Dear Mr. Chies: 0 , On July 11, 1977 , the Fridley City Cgu ci� efficially approved your request for a variance for 7513-7515 Ab�e treet N.E. witt� the stipulations lisied below. Please review the noted stipula�ions, sign the statement below, and return one copy to the City of Fridley. If you have any quest�ons regarding the above action, pl�ase cali the Community Development Office at 571-3450. JL3/de Sti�ulations: None �- �w � Concur l�ri th acti or; ta ken .