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AF-V - 34870�IYY OF �AIDLEY �. �:4��1 UPOOV��SITY �1/E. N.�. � Fli�DLEY, MN Sb432 � i�1 ��5T 1-34l�O � dARIANCE. REQUEST �ORM �/ � ---- �.°� VAR7AN(:E < FEE (�. U RDCE IPP #„��_O 9QiF�LED APPF.�ALS I"�ETIl+�S L1ATE lyic�''� q�'.g � PROPERTY IN�ORMATION PROP£RTY ADTRF�S 7511 A.Cden Wac� N�, �h.id�'2y: M�.vu1. SS432 LI�AL DFS(RIPPIaN: LOT 6 BIUCIC � ZRAGT/ADDITIDN �2cue,ZP�S' R,t:v¢1us�de fltQ.i.gl� Y.La,t 2 PRESIIVT ZONIl�IG �:-1 - � - VARIANCE R�t�T (S) : Attac� a glat or survey ; a� the �operty shaaing building, varianoe(s), where applicable. F'eaue�s� �on va�r,i.av�cv...�ss �{nom �he C�� Code o� �lr.i.cfp��, Mtirivc2�o n� i9b3� p�,.i�tod ae�em6�c 31, 1465, 6� wa.i,;vejc o� �nav►,t �cvcd neqcwc�mev►� Section of • the Code c Sec�',i.ov� 45. 26 � ° List specif ic hardship(s) which require the varience (s) : P�m.i,aa.iove needed bec.qwse o� �ami,ey membe�i� Gcandi.ca� and aeewu.ty o�i bws.i.v�e�5a aun�'.i.e� . �teu, o �i�.b � aa,� Z°� �tz, 8 Fr �'L; `. � *************�******************,�*******************************,�***�*�,�*****,�**� QWNER INFORMATION ° NAN� (please pri.nt) Devcwi� A. talood PHC�TE 571-1575 . ADIIZESS �57_1 A,2devt Wac�� N�', ��r,i.d2eu_, Mv►__ 55 32 ' � .i/� . SIGI�URE �s�� DATE 9-`90-R S , � v *******��r�t*�t,t*****�t,�*****,t*********�r*********************�************�********* � - PETITIONER INFORMATION � � NPiI� (please prim) Dev�c�,US A. clrood �� 571- i 575 � � � • a. SIGI�ZtJRE Z�tl`s. ��,[��Y nATE 9-20-85 ***************�***�****,�********************�x******,t****,t****�*�*********�t*****� APPEALS aJNIl�IISSI0T1: APPROV� DIIdTED L1ATE QTY Q�iINCIL: APPROVF� �NIID DATE STIHJLATIOIJS: � ��, � � � �W� . t " r g g _. � Notification of petitioner and pxoperty vwners within 200 feets Name/Address Date notified Dennis A. Wood, 7571 Alden �lay, Fridley, NW 55432 '� I Richard W. Brisbois, 132 Craig Way, Fridley, MN 55432 � I Heinrich Kent, 146 Craig Way, Fridley, MN 554�2 � I � Fri.d1'e , MN 55:432 � Isabelle L. Yader, 160 Craig Way, y � James P. Hi11, 7601 A1den 4Jay, Fridley, MN 55432 � I Gregory M. Coffey, 7516 Alden Way, Fridley, MN 55432 � I Richard G. Schlener, 7524 A1den Way, Frid�ey, MN 55432 � � _ � Robert Peterson, 7534 A1den-Way, Fridley, MN 55432 � I I Mel vi n W. Messer, 7540 A1 den Wa�+,- Fri dl ey, MN �5�5432 ,( David A. Johnson, 7544 A1de� Way, FridTey, MNfi� 55432 .�. �, _ I Richard A. Storla, 7548 Alden Way, Fridley, MN 55432 � Robert J. McArlam, 7580 A1'den Way, Fridley, MN 55432 � I Fridley, MN 55432''� ,� Robert T. Toner, 7597 Alden Way, . Arthur J. Silseth, 7521 Aiden Way, Fridley, MN _:55432 t _ �_ Carrie Sjodin, 75�I Alden Way, Fr.idley, MN 55432,,�� I James C. Hamm, 7551 Alden Way, Fridley, MN 55432 � I Lawrence R, Addison, 150 Rickard Road, Fridley, MN 55432 � I LeRoy I. Anderson, 7581 A1den Way, Fridl�y, MN .55432 � � �nnis E. Dittmer, 7595 Alden Way, Fridley, MN 55432 ' �' I Arthur R. Goedeki�g, 161 Rickard Road, Fridl,��r, fNN 55432 � I Thomas A. Meuleners, 155 Rickard Road, Fridley, MN 55432 � I John R._McCauley, 151 Rickard Road, Fridley, MN 55432 ( — , �- � l , � t, ._ � i I I I I I l I I . �urueynre �ertifir�te TELEPHONE 927-8953 STATE SURVEYING COMPANY I 5710 NEWTON AVENUE SO. MINNEAPOLIS, MINNESOTA 55419 I �p �f8/ � �►►�� / -dlo� r-�Y'�3 ✓s� �i,�i'X°- � � ' O� I ',� NI T �` Qi�'�� ' ,�••�&� i � .r � � , �, � 1 � _ � � j� • � s�d,,� o o� yo� , �� \a , ` � ' I�� ,ii 1 6• � • -- �� . � i .., f � s� ` (r, � -..��.,•� � � ��w :� ..-!��' � q r.. r� � 4� e°�� ` -�' �, I C `}6,�3p� g if�� , �' M`v'� - . �Qi� �. ftor'1 /� i �— oe / �t \ �c'�`� �6�� rop �lo� d :\ ' » Ga�` fd o� f ra�` O ' � \V R �^ 4 �� p.! � '�� C1�i1 �� tio ' I Z ' :� a • � �� , —�N .- ,� _.�,Z . �. ��:l�- ,, ,.,� � , -,' ° �- o. �a •, .. F � '�i ,,,1 9� �� ,� _�E , , ,, ��-1 r ' ," �_� ; �� , �o �' � . • � �A , �, . �r (J�`- �,�� . � � A 1L � . � 1 C K ��dra: r�•�o• R I hereby certity that this is e true and correct repreeentation of e , eurvey of the bounderies ofs Lot 6, Hlock l, Elwell'• Rivereide Height� �, P�at 2, subjsct to reatrfctione, reservetione end easemente of record, if any, As survayed by me thie 6th dey of September, 196�. ' � � innesota Registration Number 5852 �6-1/ , a �i '�� -- '_ — . . _ "�� - e -:.''' �.�, �`. � � . . - . � . .. . • - . . . .. . . . . �. � � �urup�nrB �t#ifir�tp ' � ; TELEPHC"�NE 9?J-8�53 ST�4TE , SURV�YING � .. ,t: ..- ._ .. . . : � - . . . COMPANY � � � � � � 3710 NE1�Vt'ON AVENUE SQ. MINNEAPQLIS, MWNESOTA 55414 � � , . � �ip ?3B� �r�nl"�(c'�� . ff �� a �'-1��3 � � �i.e�� ,� � .., ;-� ? .6 �ar"�°, `�� ..-�`'� + ,� '� ► ` 3 � . :� - ;°� � ��, • ' ' ' ; _ Gd�� "� 4 . � �% e ,�a s � �� _'___- . o -'" ` �'a�.: � _ . � � �� _-��, .r ; r� ' � � �' ` ` � . �'� � �� : , �Q�� .r .` � . � l •. � r,�• %�, 4s y �°.• • � � -,�,t,, < a, �3�� - -�� f �j :�'. � !�,,,�„ � �o, ` ,� . �`�,� � y � l� - ' !" �� ; ly��` �rop°� 1 - /yto� � � �, � ��s (� � � -- �„ Ca!" �,eA � �r � _ V : � �► '� . � t�°�` \-� � � 0� � Y '� .'B'' a '.. ,,� �. �t"i ; 1. _ � . ` �. • �,, � -� �� , _ w ; �+ � �„ i -� - - � � � , °> � � , � �� , � � �� '�� _ - _ . > � �' _ � � - � , 9�i .--� � , � � 4 �� 1 ` � . . _ , `� � `,�, `� ��"� _1�- - � �c,- _ . �O, � �d � � , ��'�� . , C� � A _ - -- . ✓ � , 1 . : .f'6'd� %/e � .�"r�l�d': . � . ' I hersby c�rtfty thet �hi� i� � tru� e�d �orrect` repreeentation of e ; t�urwy e�' the bou�dsri�� of s�ot 6, alock 1! E2we11!a Riverai�te Heigh�e ;Plat 2, subject to reetrictivne, reeervetiona end asee��nents Df �cecord, if ar�yQ, . . A$ sur+�eyed b� rue #hi� 6th dey of Sept�mb�r, : 1967. . : , inRe�sot� fteg strai�or+ N`umber 58 • r . ��! �/. : . _ CITYOF FRIDL�.Y CIVIC CENTER • 6431 Ur1IVERSITY 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, Oct�obe� 15 ,198s in regard to the follawing matter: Consideration of a variance request pursuant to Chapter 205 of the fY�idley City Code, to reduce the front yard setback from 35 feet to 8 feet to alloc� the construction of a garage on Lot 6, Block 1, Elwells' Riverside Heights Plat 2, the same being 7571 Alden Way N.E. 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. PATRICIA GABEL CHAIRWQMAN APPEALS COMMISSION 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 Comnission's decfsion. If any of these events occur, the request will continue to the City Council through the Planning Commission with only a recomnendation from the Appeals Cortmission. 0 It�n #3, October 15, 1985 1�TISTRATIVE S'rAFF' REPORT 7571 Alden Way N.E. �� : •�� ^�:�� • J�� r� a��i�� Sect3.on 2�5.07.3D.1, requires a front yard with a depth of not less than thirty-five � (35) feet. Public purpose �rved by this require�nt is to allow for off-street parking without encroaching on the public right of way and also for aesthetic consideration to reduce the building °line of sight" encroacl�eent into the neighbor's front yard. B. STATF�D HA1�S8IP: "Per��.i.ssion needed because of family �rs handicap and security of business supplies." - �,� 1 4" V� M� � A previous a�mer requested a simil.ar variance in 1967 which was denied. That request was for a 13.2 foot setback fro�a Alden Way. There i.s a 15 foot boulevarci on Alden Way which w�u1d put the proposed garage approximately 23.5 feet from the curb. There is room for a aetachecl garage on the east side of the Y�use. Thi.s location �ouldl not 1� acljacent to the rear door of the existing house. �' �; �� . �'-�V _ •,;�; , :,,. C17YOF FWDLE.Y CIVIC CENTER • fri3l UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE (612) i71_3450• NOTICE OF PUBLIC HEARING Notice is hereby given that the Appeals Cort�ission of the City of Fridley wil'1 conduct a Public Hearing in the City Council Chambers at 6431 University Avenue Northeast at 7:30 p.m. on Tuesday, October i5 ,1985 in regard to the following matter: Consideration of a variance request pursuant to Chapter 205 of the Fridley City Code, to reduce the front yard setback from 35 feet to 8 feet to allow the construction of a garage on Lot 6, Block 1, Elwells' Riverside Heights Plat 2, the same being 7571 Alden Way N.E. 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. PATRICIA GABEL CHAIRWOMAh APPEALS COMMISSION 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 Corm�ission's decision. If any of these events occur, the request will continue to the City Council through the Planning Commission with only a recom-:endation.fror� the Appeals Comnission. ,�mo �o_��. �4/.� Gt�e-¢- � �. pC.c,�z � �2'cn. � � �� c�--�� `�'� -" � � �, ��t a..� u�.e-� • � � ��L�� , .i. � ;w r ri ,�%r' � • , . S _COMMISSION MEETING,�_OCTOBER 15;_�1985 i ..... ...,...... .. . PAGE 3 Mr. Betzold stated he was not sure the hardship as stated was ver early defi.ned. What the petitioner was proposing would take up most the existing back yard; however, on this particular block, tf� are about ten homes that ahare what is one large comnon back yard. H id not recall seeing any other property like this in the city. Wh he looked at the property, he felt it wquld not be offensive to ad on to the back of the house because the petitioner was clearly not ringing upon anyone else's area. The closest house was pretty far aw . From that cfrcumstance, the proposal was well within the code's int . Because of the uniqueness of the 1ot, he would be in favor of the vari ce as requested. Mr. Barna stated that if the o neighbor most affected had no objection, and as Mr. Betzold had point out his was a unique situation, he would have no objection to the variance Mr. Plemel and Ms. el stated the did not object to the variance request. MOTION BY MR. TZOLD, SECONDED BY MR. BARNA� TO APPROVE A VARIANCE REQUEST PURSUAl7T TO HAPTER 205 OF THE FRIDLEY CITY CODE TO REDUCE TAE REAR YARD SETBACK F OM 32 FEET TO 14.70 FEET TO ALIAW TFIE CONSTRUCTION OF A LNING AREA ADDITI ON LOT 6, BLOCK 2� JULI ANN ADDITION� TNE SAME BEING 62I1 RIVERVIEW �'E CE N. E. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. CONSIDERATION OF A VARIANCE REQUEST PIJRSUANT'TO CHAPTER 205 OF THE FRIDLEY �r� vv��.i ��vv � a V�• VI r� MI��w��{� V�• I.V J V� VL.VV 1\ � � Lb��Lb�.J t\i f bl\Ji VL I ILi17111 J , � : . eques y ennis oo , en ay .., ri ey, n MOTION BY MR. PLEMEL, SECONDED BY MR. BETZOLD, TO OPEN TNE PUBLIC NEARING. UPON A VOTCE VOTE, ALL VOTING AYE, CXAIRPERSON GABEL DECLARED THE PUBLIC AEARING OPEN AT 7:46 P.M. Chairperson Gabel read the Administrative Staff Report: ADMINISTRATIVE STAFF REPORT 7571 Alden Way N.E. A. PUBLIC PURPOSf SERVED BY REQUIREMENT: Section 205.07.3D.1 requires a front yard with a�depth of not less than thirty-five (35j feet. Public purpose served by tf�is requirement is to allow for off-street parking without encroaching on the public right of way and also for aesti�etic consideration to reduce the building "line of sight" encroachment into the neighbor's front yard. � � �, , . � y APPEALS CQF�MISSION�MEETING,�OCTOBER 15,�1985 �� ' � PAGE 4 B. STATED HA�RDSHIP: °Permission needed because of family members handicap and security of 6usiness supplies." C. ADMINISTRATIVE STAFF REVIEW: A previous owner requested a similar variance in 1961 which was denied. Tf�at request was for a 13_2 foat setback from A1den Way. There is a 15 foot boulevard on A1den Way wf�ich would put the proposed garage approximately 23.5 feet fran tf�e curb. There �is room for a detached garage on the east side of the house. This location would not be adjacent to the rear door of the existtng house. Ms. Gabel stated that in the agenda was a copy of the public hearing notice �th a note attacfied to the bottom of tF�e notice which stated: "We are opoosed, to tfie rec�uested variance due to the appearance and feel it would affect the property values of the neigfiborhood as well." It was signed by Gladys Silseth and Arthur Silseth. MOTZON BY MR. BARNA� SECONDED 8Y MR. BETZOLD, TD RECEIVE THE LE�'TER DATED OCTOBER 20� 1985� FROM MR. &'PlRS. SILSETH STATZNG THEIR OBJECTIQN TD THE VARIANCE. • UPON A VDICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE MOTION CARRI�D UNANIMOUSLY. ° Mr. Clark stated the Commissioners had a picture of the house where the qarage was proposed and an aerial photo of the property. He stated Mr. & Mrs. Silseth y live at 7521 Alden Way which is three houses to the,south. Mr. Clark Stated that a� stated in the staff report, there was a similar request which was denied in 1967. A copy of the Sept, 27, 1967. minutes were included in the agenda. Also stated in the staff report was the fact that there was room for a detached garage on tf�.�st,�3de of tF�e house which would require no variance. Mr. Dennis Wood stated he had prepared some booklets which explained the proposed construction. On one page was a drawing drafted by an engineering firm showing the site lines as the driver would be approachinq Alden Way on Rickard Road and showing the proposed new construction from the curb line. There was approxi- mately 31 ft. to the closest corner of the proposed garage. Mr. Clark stated that the original petition was for a detached garage 6 ft. away from the house. Was the request changed to an attached garage? Mr. Wood stated the proposed garage would be attached to the house. � �� , . ... . ... . . ... .. .. ... . APPEALS COFINIISSION �h�EETIWG;'OC�OBER' 15; 't985' " � " ' " ' � ' � ' � ' � � ' � " � PAGE 5 Mr. Clark stated this would change the front yard variance request from 35 ft. to 8 ft. to 35 ft, t0'14 ft. Mr. Wood stated the proposed size of tbe new garage would be 24 ft. wide b,y 22 ft, deep. There was a page in the booklet showing the elevations as the garage would look facing it from Alden Way and Rickard Road. A page also showed the floor detail indicating they plan to put in a handicap ramp so family members can get in and out easily. They had appraisals done of adjoin- ing properties wF�icf� indicated the new construction would not devalue or deface other properties. Mr. Wood stated he had two letters, one from an adjoining neighbor oqposing the garage to be built on the opposite side of the house, and the other neighbor not opposed to building the garage at tfie proposed location. MOTION BY MR. PLEMEL, SECONDED BY MR. BETZOLD, TO RECEIVE ZNTO TXE RECORD TXE TWO LETTERS FROM ADJOINZNG PROPERTY OWAIERS. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED 2'HE MOTION CARRIED UNANIMOUSLY. Mr. Wood stated that both his parents are disabled and in wheelchairs. His father has Parkinsonts Disease, and (�is motf�er is temporarily disabled with a broken ankle. His father is unable to get out of the car and by building the garage attached with a ramp, he would have a secure p�ace for his father to come about three times a week as he needs to have periodic checkuns at the hospital. Mr. Wood stated security was also very important to them because he has business supplies delivered to his home. If the garage was constructed on the other side of the house, they would not be able to see it very well and things would be less secure. Mr. Wood stated that also if the garage was constructed on the other side of the house, there were bedrooms on that end of the house so access from that side of the house was not feasible. Access would be difficult as they would have to walk around either the front or the back to gain access. By placing the garage where it is proposed, it arould also act as a windblock as far as energy conservation. Mr. LeRoy Anderson, 7581 Alden Way, stated he lived directly to the nortb. Ne stated he objected to the variance for a garage in 1967, and he was still opposed to it. He was going to have roughly a 65-66 ft, wall staring at him from his back door. To him, it was too large a variance from the front of his house. Ms. Gabel stated that part of the problem with this request was the techni- cality in the code that the narrow part of the lot becomes the front yard. w�,, L APPEALS COI�IISSION � MEETI��G, OCTOBER 15; ' 1985 � � � � " � � � � " � � � PAGE 6 Ms. Joanne Anderson, �5b1 Alden Way, stated she was home all day, and she would be looking at that wall all the time. She stated they allowed Mr. Wood to build a privacy fence and he bas a shed. The sn�r really piles up along tfiere now, and a garage would arorsen tfie situation. , 1NOTION BY MR. BETZOLD� SECONDED BY MR. BARNA� TO CLOSE TRE PUBLIC XEARING. UPON A VOICE VOTE, ALL VOTING AYE� CRAIRPERSON GABEL DECLARED THE PUBLIC NEARING CLOSED AT 8:11 P.M. Mr. Plemel stated he was sorry io hear the neighborhood objection. He thought the garage where it was proposed was the logical place to put it, and he did not think it would impair the line of vision becuase of the trees in there now. He stated Mr. Wood has 3-4 vehicles and it is best to get th�n inside in this northern climate. Mr. Barna stated t�e main thing F�e had trouble with was the hardship. Mr. Wood has family members �tho come to his holne to get hospital care and need a ramp, but they are not residents of his home. If they lived there, he would be in favor of voting for tF�e variance, 6ut tFiis is a temporary situation, and this is a permanent building. Knowing how everyone feels about their property and property values in this area, he would oppose the variance as proposed. Mr. Betzold stated the questlon before the Appeals Commission was whether or not the strict enforcement of the literal provisions of the ordinance are going to cause an undue hardship because of circumstances unique to the property that is under consideration. He did not find that in this situation. There are neighborhood objections, one written, and three in person. The same request was made to the Appeals Commission in the past and was turned down. Nothing has changed. The purpose can be accomplished without a variance. He did not think the hardship as stated was a valid hardship, at least within the meaninq of the statutes, and he would be opposed to the variance. Ms. Gabel stated she totally disagreed. She thought the hardship was real clear; however, she did not think it was well defined within the "stated hard- ship" written in the Administrative Staff Report. She thouqht the hardship was very obvious. She could not imagine in the Minnesota climate living without a garage. She thought the fact that the petitioner needed a garage was clear, and she thouqht it was totally illogical and irrational to put the garage on the side of the house where there was na entrance. It did not matter whether people were handicapped or not in this situation. The most logical place to put tEie garage was where the petitioner had requested it. She did not believe there would be any impact on any property values in the neighborhood by placinq the garage in this location. If anytfiing, sFie felt it would enhance the property values in the neighborhood. Mr. Pl�nel stated he agreed with Ms. Gabel. He could understnad the neighbors' thinking, but he did not think the�r o6jections were valid. � . �, .� , . , s Q APPEALS CO�INIISSION �IEETiNG, OCTOBER�15;�1985 �� " �� PACE 7 � MOTION BY MR. PI.EMEL, TO RECOMMEND TO CITY COilNCZL AppROVAL OF A VARIANCE REQUESZ' �IIRSUANT TO CNAPTER 205 OF TEE FRIDI,EY CITY CODE TO REDUCE TAE FRONT YARD SETBACK FROM 35 FEET TO 14 FEET TO ALLOW TRE CONSTRUCTSON OF A GARAGF. ON LOT 6, BLOCK Z, ELWELLS' RIVERSIDE BEIGATS PLAT 2� THF. SAME BEING 757I ALDEN WAY N.E. MOTIDN DIED FOR LACK OF A SECOND. MOTION BY lyR. BETZOLD, SECONDED BY MR. BARNA, TO RECOMMEND TO CITY COiTNCIL .._......._ DENIAL OF VARIANCE REQUEST PURSUANT TO CHAPTER 205 OF TAE FRIDLEY CITY CODE R�O REDUCE TAE FRONT YARD SETBACK FROM 35 �EET TO 14 FEET TO ALIAW THF. CONS'!'RUCTION OF A GRRAGE ON LOT 6, BLOCK 1, ELWELLS' RIVERSIDE HEIGXTS PLAT 2, TXS SAME BEING 7571 ALDEN WAY N.E. UPON A VOICE V02'E� BETZOLD AND BARNA VOTING AYE� GABEL AND PLEMEL VOTING NAY, CNAIRPERSON GABEL DECLARED TXE MOTION FAILED BECAUSE OF A TIE VOTE. Ms. Gabel stated this item would go to City Council on Nov. 4, 4. COWSIDERATION OF A'VARIANCE REOUEST PI�RSUANT��TO�CHAPTER 205 E�FRIDLEY CITY CODE " 0' E C�� E F ON � ARD.S & CK F ONI� F FEE O A LOW . E S I ��- �- ,� - SI :` , . e e y era an oan urrow, a oo anor, r ey, n. MOTION BY MR. BETZOLD, SECONDED BY MR. BARNA T OPEN TXE PIiBLIC XE1lRING. UPON A VOICE VOTE, AiL VOTING AYE, CXA ON GABEL DECLARED TXE PUBLIC HEARING OPEA1 AT 8:20 P.M. The petitioners, Gerald and Joan B r ow, were not present at the meeting. MOTION BY MR. BETZOLD, S£COND� Y MR. BARNA, TO TABLE TAIS I?'F•M. �� UPON A VOICE VOTE, ALL � G AYE, CAAZRPERSON GABEL DECLARED THE MOTION. CARRIED UNANIMOUSLY. 5. COWSIDERATION OF A 1l.�ANCE REQUEST PURSUANT TO CHAPTER 214 OF THE fRIDLEY cvuNiT, THE E BEING 765-769`�3RD'AVEIVI�E N.E. �Request by Norm Brody, 3 am � venue, St. au , n. , MOTION �`Y MR. PLEMEL, SECONDED BY 11R. BARNA, TO OPEN TAE PUBLIC REARING. ;� UPQN'� VOICE VOTE� ALL VOTING AYE, CAAIRPERSON GABEL DECLARED THE PUBLIC XEAR G OPEN AT 8:21 P.M. G �� s " • Q - a . .. . . . .. . .. .. . ... .. . ... . ... ...... .. .. . . . APPEALS CONINIISSION �I�EETIp6;'OCTOBER'15�' 1985" " ' " ' � � " � ' � " " ' � ' � � " ' � 'PACE 8 Chairperson Gabel read the Administrative Staff Report: ADMINISTRATIVE STAFF REPORT 765-769 53rd Avenue N.E. A. l�UBLIC PURPOSE SERVED BY REQUIRQ4ENT: ion 214.12.26 restri�cts the maximum to eighty (80� square feet in � free-standing sign area per development. Public�,iurpose served by this requirement is to control visual pollution and exce�sive use of signs in commercial areas. B. STATED HARD�HIP: 1. The proper and buildinq are located at an elevation which is located so r 6elow tfie main thorougf�fare (Central Avenue} that visibility is almost nonex�stent. 2. Compounding the 'fference in elevation between the building and Central Avenue is he fact t�at the building is tucked into a hill- side. This fact fu F�er reduces visibility from Central Avenue. 3. Wall signs are totally nadequate to provide any identification from the east, which is ere almost all potential custamers would have to enter (via 53rd Av uej. For tF�e above reasons, a variance s requested to allow two of the tenants in this project to inst�l� signage the existing pylon; such signage r�ot to exceed 40 sq. ft. in total surface area. C, ADMINISTRATIVE STAFF REVIEW: A sign hei ht variance was granted for this vion sign in Februar,v of this year �from 25 feet to 35 feet). The Pic ick pylon siqn is 80 sq, ft.; therefore no additional sign area is 1 ft for �dditional signs. There are wall signs that identifv the other two enant spaces. Mr. Clark stated the Comnissioners had an aerial photo the area, �long with a picture of the sign. Mr. Brody was pro�osinq to add two ore panels below the existing panel to indicate his two ot�er tenants. When e Pickwick build- ing was built, it was anticipated there would be one, ar�d poss' lv two other tenants. Mr. Brody did bring in a wall sign plan which the City appr�ved, and he has a Cost Cutters' logo on the �ront wall facing �3rd and n the west wall facing Target. � Mr. Brody stated he was the developer of tf�e sfte and also the otivner of the property. Because of the building`s location, it was a very difficult site. they took a difficult sfte and developed a very attractive building; however, they did not anticipate the hardsFiips tfie tenants would find once tF�e.v ooened for business. � � �. �- �� 1�. � „�]I�IM�, •.- ..l�a..i_ �r��_�;r.� lyr. Qureshi stated the timetable cauld be ci�anged fram J�e 1 to J 1 and he would go along with reducing the letter of credit fraaa ,000 to $10,000. � M�ID�1 bY Co�cilman Fitzpatridc to apprare final plat, . S. #85-04, Oak River F.states, with the faillcwing stipulations: (1) d ease�aent wer the e�utheast a�rner o�f 7501 Alden Way be granted to e City prior to final ptat apprwals (2) Petitioner agrees to asse ents for all street and utilities; (3) Petitianer will construct gat in the existing fences of lots a�uth c� 76th Avenue by July l, 1986 order to help the ho�neowriers n�aintain the boulevard on the e�uth side the proposed 76th Avenue; (4) All existing structures except ti�e use on Lot 4 to be remwed as the property develops; (5) Existing h rn Lot 4 to be imprwed by adding an attaci�ed dauble garage with ha surfaoe driveMray by July l, 1986; (6) �olc-up to sewer and water by w ided to th i s house by July 1, 1986 ;( 7) Petitirner to provide 200 oot scale plat drawing for the recrords; (8) Petitia�er to work out drainage plan; (9) Petitioner will attempt to salvage as many trees is reasonably possible; (10) Fee vwner to execute the attached street keway/walkway easement for the 15 feet along East River Road; and ( Petitioner p�wide the City with a letter a� credit in the ana.�t a�' $,000 to ensure aanpletian of stipulatians 3, 4, 5 and 6. FLrther, the lawing three varianaes be granted in c�njunction with this plat: Lot 3 a front yard variance fra�n 54 to 45 foot setback; Lot 5, a front y varianoe fram 49 to 45 foot setback; and Lot 4, where existing house located, a rear yard varianae fran 40 to 23 foot setback. Seaonded by uncilman Barnette. Up�n a voice vote, all voting aye, Mayor Nee ared the motio�n carried tmanimously. �� IL• • �Z �+ ',� I _ •• i � , � �� . ��;�� I� • • • + � �� M • • • � } I • �`� Mr. Flora, R�blic Works Director, stated this is a request for a varianoe to reduce the front yard setback fratn 35 to 13 feet, 2� inches to allow c�nstructim a�f a c�rage at 7571 Alden Way N. E. Mr. Flora statecl the hardship outlined by the petiti�er was the garage was needed because of a fmnily menbers handicap and security of business supplies. 8e stated the petitioner is requesting the garage be located on this side o� the property in close proximity to the back door. If the c�rage was located on the east s,ide, the petitiarier states it would abut his bedtoans. !!r. Fla�a stated this iten was before the Appeals Conunissia�n and a motion failed to deny the varianoe by a tie vate. !�r• Wood. the petitia�er, stated he is proposing to build a 24 x 22 foot garage adjaoent to his hame. He stated a que�ian had been raised that if this varianoe was granted, it would devalue other real estate in the -6- � v �' �� i.�: � i�- �, �, ,• ��: a�- nei�borhooc3. He stated he had an appraisal done and this would not devalue, but increase the value, of other p�operties in the area. Mr. Wood subaitted a drawing of the garage he wishes to aonstruct and a floor glan of his haaae. 8e also sutmitted letters of approval from surrotmding property a�rners at 7548 and 7551 Alden Way and 161 Rickard Road who irrlicated favorable supp�rt of his proposal. �tuicilman Fitzpatrick stated the reaam�endation fran the Appeals Caa�mission reflects two strong arg�unents. He stated he c,an �derstand the objections and, an the other hand, he can �thize with the need of the petitioner for a garage. � Mr. Leroy Anderson, 7581 Alden Way, stated he would like a clear picture where Mr. Wood wishes to o�nstruct the garage. Gbtu►cilman Barnette asked Mr. Woo�d if the garage would be in line with the rear a� the house. Mr. Wood stated he would oonstruct it that way, if the Co�cil wished. He stated his initial proposal was to bring the garage back six feet fran the house, but wa�ld be willing to make it in line in order to have the c$rage. Mr. Anders�n stated if the garage is o�nstructed where Mr. Wood wishes it to be located, they would be looking _at a 66 foot wall across their driveway. He stated, if the garage is o�nstructed on the east side, it would affect only o�e s�f t mapl e tree. Mr. Anderson stated Mr. Wood had three people who indicated approval, hawever, he talked with ane a�f the residents, the Storla's at 7548 Alden Way, and they �ere r�t opposed, but didn't state they supported it. He stated they felt it should be a decisio�n by the Co�cil. Mr. Anderson stated he is r�t asking for anything more than what is in the ordinanoe. He stated there is ro�n on the east side of the house for a garage, without a varianoe. Mr. Anderson stated when the house was built, � he came down to the City and was assured there was room for aa�ly one house � that lat. He stated he is being asked to pay the penalty for having then construct a garage now and questioned why it wasn't put in when the house was oonstructed. Mr. Anderson stated Mr. Woa] was aware af this problen when he purchased this property. Mayor Nee questioned Mr. Anderson on the position of his garage. Mr. Anderson stated because a�' the angle aE the lot, it was neoessary for him to o�ain a varianoe in order to build an attarhed garage. Mr. Anderson stated the orclir�anoe was put in for a good reason, to protect the people. m�cilman Barnette pointed out they do have p�cwisiaais for the varianoe �xooeclure whidi, in fact, Mr. Anderson himself �ed. Mr. Anderson stated his varianae request was only for i�ro feet. - 7- .� , • � ° � �. ��, � i� �!, —�;' –• a� i:,a�•_'_ _-' �� ' Mayor Nee stated the �ses on both sides of the Appeals Comaission were very stroaig. He thought perhags they �y be getting into an area in this case where you are stretching the varianae pc�ooe�re. Mr. Herrick. City Attorney, stated he can see where it is a difficult problen in that ari a�rner lots, by definition the r�rraw side is considered the fraait and the l�gest side is a�nsidered the side yard. He stated he is not too faQniliar with �e neic�borhooc7 so didn't know if that was ha�w the house was alic�d. He stated if the house faoed Rickard Raad and that was the fro�it yard, the setback would be 17-1/2 feet s� you would be looking at what would be a relatively minor variance. He stated, apparently, the streets are �t at right angles whidz makes it more a�mplicated. He stated the rule a�n a var ianoe is there has to be a hardship cie�no�strated in order for the Co�cil to grant the varianoe. �he usual rule is it has to be shown that the p�operty can't be developed in any other way. He stated whether this meets that test, he didn't know. He stated you have a situatirn where there is roan for a garage on another part � the lot where a variance wouldn't be required. He stated this obviously isn't the petitioner's first choioe, but it is still a physical possibility this oould be d4n+e. He felt this was the leqal side they have to aonsider. Nhyor Nee stated there is roan ori the east end to a�nstruct the garage. He stated he hears what Mr. Anderson is saying and there are ways to lighten the oonsequence s. He stated Mr . Ander son wasn' t responsibl e f or mis-sic�ting of �e house. Mr. Wood stated it would be impractical to put the garage on the east side of the house. Mayor Nee stated the r�ei�bor shoulchi't be asked to pay the prioe for a mistake in location of the house on the property. ��cilman Fitzpatrick felt they should try to accommodate tt�e garage in some way. He stated there are s�ne obvious ways, one is to mwe it so it is flush with the back of the house and, another possibility, is to reduce the total size. Gouncilman Schr�eider asked Mr. Wood if and then possibly have a storage shed. able to get two v�icles in the garage feet. he would construct a snaller garage Mr. Wcwo SLatea he w�ald 1 ike to be and felt it would have to be 21 or 22 Mr. Ancier5un sLated a reduction in the size by two feet wouldn't make that much differenae in ho�w it would affect their property. Mr. Dennis Dittmer, 7595 Alden Way, stated it would make more sense for Mr. Wood to put a ramp to the back of his hovse because if he built the garage an the west side, he would have steps to o�ntend with. Mr. Wood stated the floor plan for his hasne shaws steps going to the t'�ase�nent, but this would be changed and leveled out and ac�oess would be into the living area spaoe. Mr. Anderson stated he was not opposed to a ramp, a fence, or a storage -g- •�� + �,_ • ,��} ,• �. shed, but o�ul dn' t see a bi g wall Whi ch woul d cut out thei r 1 igh t. He stated he aNp wants his pcoperty Protected. Mr. Arthur Silseth, 7521 Alden Way, stated he would hate to look down the street and see a garage sticking out so far. He didn't feel it would be good for �e r�eic�borhood. Councilman Fitzpatrick stated the real question is if they have a de�acu�strated harclship. He stated he cli�'t knaw what degree it takes f or this to be the determining factor. He rnted, fram what the City Attorney stated, where there is r�a on the lot to build the garage in another loration, it a�nsiderab�ly diminishes the harciship argument. Ms. i�t Gabel, �ai�nar� of the Appeals Oo�mission, stated she felt Mr. Wood has a harclship. She stated if the garage were located on the east side of the house, Mr. Wood would have to change the whale house by putting a hole in the wall ar� losing living spaae. Mayor Nee stated he oould build the garage without an inside door. 4�taicilman Fitzpatrick stated it was roted in the Appeals Co�missian minutes that living in the Minnesota cliniate without a c,�rage is a hardship. Gb�cilman Fitzpatrick asked if the c,�rage was setback so it was flush with the back cf the house, the size reduaed several feet, and if screening and lart�scaping were pcwided, could Anderson's live with it. Mr. Anders�n stated they o�uld not and to reduce the size by only several feet woulc�'t make that much differenae in imprwing their situation. Mr. Gladys Silseth, 7521 Alden Way, stated when you are an Rickard Road and proceeding to go down Alden Way, if there is a vehicle at Mr. Wood's property, there definitely is an obstructiac�. She stated if the Anderson's were mming out a� their drivaaay arx3 there is such an obstruction, it aould be real dangerous. m�mcilman Schneider asked Mr. Wood if the clriveuay oanes in fran Alden way. Mr. Woo�3 statecl that was wrrect. Cb�cilman Sdv�eider stated if the drivaaay caQne in fran Rickard Raad and if IHr• Wood c�cnstructed only a 12 foot garage, the wall towards the Anderson's would only be half a� what is proposed. Q��mcilm�n Fitzpatridc stated one o� the prohlens with that solution is it brings the driv�ay too close to the imersection. He felt perhaps the petitioner o�uld come up with an alternative proposal which may be ac,aeptab�l.e to the neic�bors, and possib,iy reduce the size af tfie garage. lDT�1 bY Councilman Fitzpatric�c to table this item tuitil the petitioner ames badc with ar�ther prop�sal. Sea�nded by Cb�cilman Goodspeed. Up�n a voioe vote, all voting aye, l9ayor Nee declared the motion carried unanima�sly. - 9- Dennis Wood 7571 Alden Way Variance Request to reduce front yard setback from 35 feet to 8 ft to allow construction of Garage, 7571 Alden Way,NE, Dennis �ood. Council Action 11/4/85 It�n Tabl�d. Return to Council when Wood again applies for new variance. ---------------------------------- �, �� .��) �5 ` -�o � � � Council Actiorr 11/18/85 //// peb to write letter Variance approved on 4 to 1 vote. . for 20 x 22' garage with driveway off Rickard Road. �our stips: 1. Escrow the mar�ey for the cur� work 2. Remave existing b.lacktop 3. Sod and landscape the scars 4. Pave the new driveway ,, 1` «�1�� 1 �I� Iy �' �� i:�1• reaonmen�3ed of the liaense. Mr. Braaan stated he didn't anticipate n�king any changes in the staurant. � , 1rDT�1 by Co�ndlman Sd�r�eider to close the public ng. Seconded by Councilman ,Fitzpatrick. Upon a voioe vote, voting aye, Mayor Nee declared the motion carried unanimously and e public hearing closed at 12:10 a. m. • .� : r_,ia_1_ �i1�._ 1 � �.� ' �� _�:_ —'�;i_Y_ � ; HDTD�1 �cilman Fitzpatrick to table this ite�. Sea�nded by Gouncilman d. Upon a voioe vote, all voting aye, Mayor Nee declared the motian rried unanimously. • . _ _ . .. __ ____" `_-`__� "___'_ �_� T_�J_ "'_�` ____ __ -_'_�__• �__ brought forward and kept in lirie with the house. ee stated he is also diangi.ng the size frcm 24 to 20 feet and keeping the depth af 22 feet. Mr. Wood stated he would be changing the drive into the r�ew garage arxl deleting the entranae a�nto Alden Way. Mr. Leroy Anderson, 7581 Alden Way, stated he still objects as he would be facing a 60 foot wall. He �:ated he is r�t asking for anything here that is �t in the ordimnoe. Mr. Anderson stated he felt he was being asked to pay quite a p�iae. Se stated Mr. Wooc3 kr�ew aE �is situatian when he purchased the house, and there is roau an the east side of the house to construct a garage, with rio varianoe �eded. Q�imcilman Fitzpatrick stated ric,�t r�ow Mr. Ander�on looks out ari a c3riveway where wnstruction vehicles are Farked. He stated the Petitic�r is willing to take out that drivaaay and restore the boulevarcl anc7 cvrbin9• He stated it seens, if he was i al"��clesrson'�s p°t,he boulevarwd restored ad to see the driveaay ancl the parke 90 Mt. Herrick. C:itY Attor�y, �t� if the house was facin9 Rickard Roa.d and Alc3en Way was a side yard, then the setback would be about 17 feet. ��Ql� �typatrick stated he understanc]s r+1r• An�rson's objectio�ked looking at 60 feet of wall, but he nawras 1isk��ruct d,che is�stuck outside. Mr. Andereon stated, anae the ga 9e Councilman with it, and ther he a rees Mr•� rson shoul,dn t h e toulook at vehicles Fitzpatrick stated 9r or 60 feet af wall. but if noth'i�na ed th� wantea to atach theirlgara9e parked vdiicles. 1�cs. Anderson �l,eo. but wasn't allawed a t�wo foot varianoe. -ao- ,�- � / �IL l�Err�r ^+�F 11DV� 18 . 7 ORS � / Mr. Rusty Silseth, 7521 Alden W % Anderson s house, he �i� to �'• �ated when the stakes were in on iNr. WO�a be ali �'k �e �eloper imo moving it back so it into oonside�rationw�t ��' �'e �°t• lyr. Woo�] stated, if you take 8pproximately 35 feet fra�n��a � front, the front propertj, line wo�a PrOP�rtY lirie. The sidera $etback is v�.i��. be 17-1 2 eso i t woul d be o�, � Yard f r�n � e Y ut a 1-1/2 foot ��'� ��trl� �tated he understands this is an e r��'' �t� � �e other hanc7 �re�ne variance there is a gdrage ��i$ •� believes this will keep v�nin u P�OP'erty. 9 P until Mr. Dienti.s Dittiner, 7595 Alden W 38 '�s ��e orclir�noe is 35afeet�t� he has lived at this address for and f e1 t it should be kept. Mr. Anderson stated it has to be shown the , other way for �e varianoe t� �, Property can t de�e�,op in any 9ranted. Mr. LBrren Anderson stated for a varianoe other way to phY�c�lly Put this in. to be apprwed, there has to be r�o ��1� ��ZPatrick stated the should be his side pard is his fro �tltioner is a victim of what really front and side y�d are used for y�a' �e �ated the descriptions of were Mr. Wood's side yard, it woulch't be much � ses. He stated, if this a varianoe. �T� bY Co��ilman Fitzpatrick to 20 x 22 foot attac�ed �� e varianoe for � stipulatian that �rage with �e driva�va nstructio�n of a �e petitioa�er renave �e y off Rickard Road, with the �1 restore the a�ncrete ca�rb and restore ialacktop in the Seconded bY Councilman S �e �'ea with �a�sting drivewa,�, Fitzpatrlck' ��l�n S �hneider. Upon a roll call vote� l��ng. ��t� �oteal in favor � neider, C��il�n Goods • Councilman Mayor Nee declared �e motiaaz. Mayor Nee vot Peed' and Councilman �e �0��'i c�rried � a9ainst the motion. Mr. Anderson bY a 4 to 1 vote. Q�estionea t�e 9°Od �� ctates the �r�hlP• Cb�cilman Barnette garage shou�d y� on �e We� Slde sta ted he f el t �V Bj)$T7�*�eq c� the house. 7. � I ; �T� bY Cot�c�l � .�- r November 5� 1965� FitzPatrick to r _..�_._.......��w�. __ - G°°°ZsPeed. p �ner , �. �-� -�-- __ P e �e �� on, Ward �t�� °� �anvass for the mO�� carried�� a vo' vote, �1 � II• Seconded b Y• Canvass fclloWS9 aye' �Yor IVeey Councilman c7ec1 ared th e -21- � I � u :; :"1 _�� Ca i i V � FR[DLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE (612) 571-3450 Dennis Wood CITY COUNCIL November 25, 1985 7571 Alden Way Fridley, MN 55432 ACTION TAKEN NOTICE On November 18, 1985 , the Fridley City Council officially approved your request for a variance to reduce the front yard setback from 35 feet to 16 feet to allow the construction of a garage located on Lot 6, Block 1, Elwells Riverside Heights Plat 2, the same being 7571 Alden Way N.E. with the following stipulations: � 1. Escrow the money for the curb construction and reconstruction work. 2. Remove existing blacktop driveway, 3. Sod and landscape the driveway scars. 4. Pave the new driveway by July 1, 1986. If you have any questions regarding the above acti.on, please call the Planning Department at 571-3450. Sincerely, � James L. Robinson Planning Coordinator JLR/md Please review the noted stipulations, sign the statement below and return one copy to the City of Fridley Planning Department by December 9, 1985. Concur wi.th action taken h 3 STATE OF MINNESOTA CITY COUNCII PROCEEDINGS � � ,tOUNT� pF ANOKA • C1Tr OF FR1DLEr In the Matter of A variance request located on Lot 6, Block�l, Elwell's Riverside Heights,Plat 2, the same being 7571 Alden Way N.E. �. Dennis A. Wood � p�er • �.. `�: 1'. ;�. � YARIANCE The above entitled matt�r came before t Cit� Council of the8�City of Fridley and was heard on the 4th da of �ove er 19 Y. . . on a petition for a variance pursuant to t e City of r ey s on ng Ordinance. for the following described property: To reduce the front yard setback from 35 feet to 8 feet to a71ow the construc�ion af a garage on Lot 6, alock 1, Elwell's Riverside Heights Plat 2� the same being 7571 Alden Way N.E. IT IS OROEREO that a variance be g�anted as upon the foltoNing conditions or reasons: See City Council minutes of November 4, 1985. STATE OF MINNESOTA � COUNTY OF ANOKA CITY OF FRIO�EY i ) ss. i OFFICE OF THE CITY CLERK i. Sidney L. dee�n. City Ci�c� for Lh� C4�y bf Friley wit#� �v� in 8or �eid tity of fridley. do bereby certify that 1 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 YHEREOF, i have hereunto subscribed n�y hand at the City of Fridley. Minnesota. in the County of Anoka on the �, day of '�t �P1�. 19�. ORAFTEO BY: City of fridley 6431 University Avenue N.E. Fridley, MN 55432 ��F�� l��iBYL - ACTING GiTY __ � ��a,. • � m ��..��°id`� f�,! Yariances are valid for a. period of one year following approval and shal�� ,d ,�,� p„� considered void if not used within that period. ��, ••'�,� �"' �-;�'•.�, �, .b • ;� . �'` - . �'v` � ��;,; p�t�,� ,. � -. . � . � � �; � �o' � � ; • s �" � �. r . -:; . , �x ,, , o , �:° {�0��.�,F'' �•��.�j � � � -.� �.. � 0 • ��d-�. _,^*� � �'�' . ' . 'r�.� �°"• ...•±' ��.=- %! .` ' , , �',� �+' �'� � o' „ '` a ;ra— , , ° -� � 9: �� .. �_ ��, �_� ,� a �: �,. Mr. ¢ueshi stated the timetahle muld be changed fram J�e July 1 and � he would go along with reducing the letter of credit oan $15,000 to S10,000. JYDTIDN by Co�cilman Fitzpatridc to apprwe final at, P. S. �85-04, Oak River Estates, with �e following stipulatians: (1) Road ease�nerit wer the southeast c�rner o� 7501 Alden Way be grant to the City prior to final plat apprwal; (2) Fetitioner agrees to ssessments for all street and utilities; (3) Petitiarer will oonstru gates in the existing fenc�s of lots south a� 76th Avenue by July l, � in order to help the homeawr�rs mai ntai n the boul evard oaa tiie so side o� th e pr opo se d 76 th Av enue ;( 4) All existing structures except e house on Lot 4 to be re�noved as the property develops; (5) Existi house an Lot 4 to be improved by adding an attached double c�arage wi __hard surface driv�vay by July 1, 1986; (6) Hook-up to sewer and wate by prwided to this house by July 1, 1986; (7) Aetitioner to provide 0 foot scale plat drawing for the reoords; (8) Petitianer to work a drainage plan; (9) Petitioner will ettempt to salvage as many tr s as is reasonataly possible; (10) Fee awner to execute the attached str t bikeway/walkway easement for the 15 feet along East River Road; a (11) Petitioner pcwide the City with a letter of credit in the aman�t $10,000 to ensure aangletim of atipulatio�ns 3, 4, 5 and 6. FUrther, falla�►ing three varianoes be granted in a�njunction with this plat: Lo 3, a frcnt yard variance fram 54 to 45 foot setback; Lot 5, a front d varianae frcm 49 to 45 foot setback• and Lot 4 where existin s cl ared . , g laated, a rear yard varianae fraa 40 to 23 foot aethack. Seo�nded ilman Barnette. Upon a voice vote, all voting aye, Mayor Nee the n►otian carried unanimously. ��i,.. � �+• • • �1 �.. •,�� .i �• � • , • �.w�� : ��L,. � �t • • « �� • �,� « 3r;i i- .� • � • • • �� ..�l+' • • ��L � � �. � � i � �� Mr. Flora, R�blic Works Director, stated this is reduce the front yard setback fraen 35 to 13 aarLStruetia�.� a garage at 7371 Alden Way ld. E. a request for a varianoe ta feet, 2 inches to allow l�r. Flora stated the hardship outlined by the petitioner was the garage was needed because of a family menbers handicap and security of business supplies. He stated the petitianer is requesting the garage be located on this side of the property in close pro�cimity to the. back door. If the garage was loc.ated on the east side, the petitiarier states it would abut his t�edroaas. l4r. F'lora stated this iten was before the Appeals Comaniseion and a motion failed to deny the varianoe by a tie vote. !�. Wbod, the petitia�ner, stated he is proposing to build a 24 x 22 foot garage adjaaent to his iiane. He stated a questian had been taised that if this varianoe Was granted, it would devalue other real estate in the -6- ►� a= e a � � ��_�j 1 i��±��_ •. � �J�>Yi: �+• neic�hborhood. He stated he had an appraisal done and this would not devalue, but increase the value, a� other properties in the area. !!r. Wood sulmitted a drawing of the garage he wishes to construct and a floor plan of his hame. 8e also subnitted letters of approval from �uraa�ding property cwr�ers at 7548 ar�d 7551 Alden Way and lbl I�ckard Road who irclicated favorable support a� his propcsal. Cb�cilman Fitzpatridc stated the reaonmendation fran the Appeals Ca�missia� reflects two s�troa�g arc�anents. He a�tated he can �derstand the objections and, an the other hand, he aan ay��hize with the need of the petitioner for a c$rage. - - i�. i�er�r �der-�or�, 7�i A�.c�t-�day,� s��:ed i�e w��-� i�ee a- c3 ear pi ct �re where Mr. Wood wishes to annstruct the �tage. O�t�cilman Barnette a�6ced Mr. �'oo�d if the c,�rage would be in line with the rear af the house. Mr. i�ood stated he would acnstr� it that way, if the m�cil wished. iie stated his initial p�opo�al was to bring the garage back six feet fram the ho�e, but wail.d be willing to make it in li� in order to have the c,prage. !�. Anderson stated if the cprage is aonstructed where Mr. Wood wishes it to � be located, they would be looking at a 66 foot wall across thei r driveway. He stated, if the garage is a�nstructed on the e�ast side, it would affect � only one sof t mapl e tree. Mr. Anderson stated Mr. Wood had three people who indicated approval, hawever, he talked with me � the residents, the Storla's at 7548 Alden Way, ar�l they were not opposed, but didn't state they supported it. He stated they felt it should be a decisim by the Co�cil. Mr. Anders�n stated he is not asking for anything more than what is in the ordinanoe. He stated there is rooan on the east side of the house for a gdrage, without a variance. Mr. Anders�n stated when the house was built, he �me down to _the _ Ci t� and__ _ _.. _ - --,_ - - - _ °--was �sured ti�iere was room-�or i�nI.y or�e house an that la�. He stated he is being asked to pay the penalty for having then oonstruct a garage naw and questioned why it wasn't put in when the house was oonstructed. Mr. Anders�n stated Mr. Wood was aware a� this problea when he purchased this property. • l�ayor Nee questioned Mr. Anderson on the position of his garage. Mr. l�derson stated beca�e of the angle aE t�e lot, it was neaes�ary for him to obtain a varianoe in order to build an attached c,�rage. ° Mr. Anderson stated the cgdir�ance w�s g�t in f� a e�ood reason, to protect the people. O�imci.lnan Barnette pointed out they do have gaiisians for the varianae proaedure which, in fact, Mr. Anderson himself used. l�r. An�rson stated his varianae request was only for two feet. - 7- + 9 ' °' tr � ��- � �� 1, �i 1�, ! ��.}�� hyor Nee stated the cases on both sides of the Appeals Camaissian were very � str�g. He thought perhaps they may be getting into an area in this case where yai are stretdiing the varianae prooedure. l�r. 8errick, City Attorney, stated he can see where it is a diff icul t problen in that on a�rrnr lots, by definition the mrrav side is oonsidered . the frant and the lrngest side is considered the side yard. 8e stated he is not too faniliar with tfie neighborhood so dic7n't know if that was haa the house was alic�ed. He stated if the house faaed Rickard Road and that was the front yard, the eetback would be 17 1,/2--feet sc you wouYd be looking at what would be a relatively minor varianoe. He stated, apparently, the streets are not �� rig�t angles whidi makes it�more aoanplicated. He stated the rule an a var ianoe is there has to be a har�hip demonstrated .-irt- order for:l�ie Ccj�nctl to grant �t�e �iarienoe. �e �'ua� °�r�le is� it has to be shcwn that the psoperty can't be developed in any other way. He stated whether this meets that test, he didn't kn�►. He stated you have a situatian wt�re there is roan for a qarage an another part a� the lot where a variance wouldn't be required. He stated this obviously isn't the petitioner's firsrt �oive, but it is still a physical p�ssibility this could be cbne. He felt this was the legal side they ha�ve to a�nsider. Mayor Nee stated there is roan an the east er� to o�nstruct the garage. He stated he hears what Mr. Anderscn is saying and there are ways to lighten the oonsequences. He stated Mr. Ar�derson wasn't responsible for mi�sic�ting of tr�e house. Mr. Wood stated it would t�e impractical to put the garage on the east side of the house. Mayor Nee stated the neic�bor shoulc�'t be asked to pay the prioe for a mistake in location a� the house or� the property. mt�cilman Fitzpatricic felt they should try to accommodate tt,r yaraye ira scxne way. He stated there are s�ne obvious ways, one is to mwe it so it is flush with t3�e t�ack of the house and, another possibility, is to reduce the total size. eb�ncilman Schrnider asked Mr. Wood if he would o�nstruct a er�aller garoge and then p�ssibly have a storage shed. Mr. Wu� sLatea hE wc��1d 1 ike to be abie to get two vdlicles in the c�rage �nd felt it wo�a Y�a�e �o-�e 23� og 22 feet. Mr. Anuar�n szatea a re�action in the size by two fcet wouldn't make that much differenae in haw it would affect their property. Mr. Dennis Dittmer, 7595 Alden Way, stated it would make more eense f or Mr . Wood to put a ravap to the madc of his 2�use because if he built the garage an the west side, he would have steps to aestend with. Mr. Wood stated the floor plan for his hame sha�rs steps going to the bas�nent, but this would be changed and leveled out and aeoess would be into ' the living area space. i l�. Anderson stated he was not opposed to a ramp, a fence, or a storage -g- ,., . � �. � � ��JL � i�+- �L �� !1i�„�: �,: shed, but cculdn't see a big wall which would cut out their light. ee stated he anly �s his P�opertY Protected. 11r. Arthur Sils�eth, 7521 Alden Way, stated he would hate to look down the street and see a cprage stidcing out so far. Be didn't feel it would be good for the r�eic��borhood. Councilman Fitzpatrick stated the real question is if they have a c�anonstrated hardship. He stated he di�n't know what degree it takes for this to be the deterniining factor. He noted, fram what the City Attorney stated, where there is roan on the lot to build the garage in another location, it aonsiderably dimini�es the harclship arg�anerit. i�Ls. P�t Gab��, {3�aienan of-t�e App�al�s �rmission, sl-ated sise felt iMr. Wood has a hardship. She srtated if the garage were located on the east side of the house, Mr. Wooc3 would have to change �e whole house by putting a hole in the wall and losing living spaoe. Mayor Nee stated he aculd lwild the garage without an inside door. Cb�cilman Fitzpatrick stated it was r�oted in the Appeals Ccx�missian minutes �that living in the Minre�ta climate without a garage is a hardship. ��cilman Fitzpatrick asked if the cprage was setl�ack so it was flush with the back of the house, the size reduaed several feet, and if screening and landscaping were prwided, cvuld Anderson's live with it. Mr. Anderson stated they o�uld not and to reduce the size by only several feet woul�'t make that mtx� differenae in imprwing their situation. Mr. Gladys Silseth, 7521 Alden Way, stated when you are an Rickard Road and prooeeding to go down Alden Way, if there is a vehicle at Mr. Wood's " property, there def initely is an cbstructia�n. She stated if the Ander son' s were coming out a� �eir driveway and there is such an obstruction, it aould � be real dangerous. Cb�mcilman Scfineider asked Mr. Wood if the driveway aomes in fram Alden Way. Mr. Wood stated that was mrrect. -`� -'_-'-`��d�n�ri Si�f�e3�r s�t�c7 -if �e driveway came in f ran Itidcard Raad and if - Mr. Wood o�nstructed only a 12 foot garage, the wall towar� the Anderson's would only be half c� what is proposed. O��cilman Fitzpatrick stated one a�f t3�e prohlens with that solution is it brings the clrivaaay too close to the intersection. He felt perhaps the petitioner c�uld come up with an alternative proposal which may be acoeptab�le to the rrighbcrs, and p�ssilaly re��e the size aE �e garage. l�DTIOr1 bY Co�cilman Fitzpatridc to table this item until the petitioner aomes badt with another gop��l. Seconded by �ta�cflm�n Goodspeed. .[lp�n a voioe vote, all voting aye, l9ayor Nee declared the motion carried unanimo�sly. - 9- s s � L s�� S . Nume�osl C�aat,ac Cirrantos Aeaorda� Cheaked Mar�ln '15r. Index �,, � r QFFI�E OF COUNTY RECORDER STATE OF I�INNESOTA, COUNTY OF ANOKA � I hereby �certify that the within instru• ,� ment was filed in this office for record g on the,� 3 198�A.D.� 19 �„ �,;;�o'clock �M.� and was duly recorded iR book.,,,�_ page_` , Ccu ecorder � 'C��y�� Deputy s � � � �� ,. �� . � � �� C� r�v��.�.��„�ey � �,. a 1 L � ��- � � �, _ .�