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VAR-1979-- _ s�J�JECT �� f°`�°'' APPLI CAT I UN TO APPEALS C01�U�1I SS I ON �� . {612) 571-3450 pwtmen n� siae� urn er ev a�o Approrred y Ooie •PUaLIC WORKS/C�DE ENFORCEMENT 910-F23 2 1 of 2 800 7-17-79 Name (�c��, c��.s . S+e�e�.� L��eJ,1 Address 330 t �No�.. c�o .�t2o,9cSl Phone 5 4(o -502 8 . , st � c� n_�.� ab�/_ DI..��,.�,L KCUU 1 Legal Lot Noe �lock No. Tra�t or Addne Descri ti on Z- i�±��U2eSf Variance Request(s : at�(cach plat or survey of property showing bui d�ngs variances, etc. , where appl i cabl e) �� ,�.,��eC� List specific hardship(sj which requires the variance{s) �', �So�c ,Z • 3 �• .. t,�.`, �� ill�tx�r��. ,r�+l�w a,��e, rnn�zk�-�e �O c.�� a.a� � �O ` 10� . 2 3 t��,, l eeting Date �� tcece�pz +�o. a r�a ur-� , � 50 c a� 9�' �o � �- Pr�-�- Comments & Recommendations by the Appeals Commission 6/24 Recommended approval to City�Council with the following stipulations: (1) e s e yar se ac e re uce rom t e rqu re 0 feet to 8 feet, (2) the side yard setback on the South side of the house be reduced from 13 feet r uc on o e square oo age requ ement rom square feet to 7 6 square feet and (4). the germit the aei�.y of the construction of tfie re ired ara e- i i can rev ewe on ept. . , e ron yar se ac es a s y t e g eer �i,g Depaxtment to be no less than 35 feet, a�nd that H311c�est �ye�.xae �au�ld,fie. �t�,I:ed a,nd. atn.stalled this ear an t t� r,yeway _ e.: c�i��xucieec�� a1@n�-tFie Saiatfi sid� to p�even�_ �un-o�f .fxam Zot� 8 to Lot 7. . ;ity Co�ancil Ac�ion and Date 0 0 � � ii ' ��^ � � � r �,:�v �� r.j��.��, ' aoar��i��T�► PUBL•I`C WORKS/COD� ENFORCEMENT Staff �omments: ��'�� APPLI�CATI'oN TO NPPEALS, COhlr�lIS-�ION (Staff Repor�l` . . IlT oi n�� 11WLf ' • �_'__.._ . • .�_. .. 910-F23 I' 2. Board`members�notified �f ineeting by � d�ate noti fi ed,, ar�d "Ye�" or "No" �or pl ar�s �o Nerson m�kl.ng appea notifi�ed: I�ame . 2 of 2� 800 � 7- � � u�g p ro��r awrre rs � - , tY� Name ^._,� _ . - � , ,. , ng. . t�i�st mem��rs � E�1:arr To R��e�t� � u�ng� P�€vper�� ai�in 20� feg� Uate Gevrg� N. & Arlene G. Bjorklund - 48 - 69th Way �� '- John & Daris Jagger - 6831 East River Road Ellsworth & Rosie Nystrom - 6814 Hickary Street N.E. ~ Clarence �. & Ruby C. Koenen - 6810 Hickory Street �.�o ` F�ankli�i F. & Patricia Tigges - 6806 Hickory Mustag & Kathryr� Madr�mootoa -. 6802 Hickory _ Leroy & Edi th Peter�sort - 6825 Hi ckory Stre�et Wilfred W. & Luella Bolkom - 6821 Hickory Street N.E. — Barbara Thompson - 7155 �ast River Road Steve & Diar�e M. 0'Quinn - 7135 ��st River Road N.E. — John & Rose Kehner - 7129 �ast River Road N.E. Happy Acres - 4252 Unity Ave. N. - Robbinsdale, 55422 � — James M. & Shi.rley J. Holman - 7105 East River,�pad N.E. Mr. & Mrs. S�� ....'.'. - 3301_ North Co• Ro�d, Apt. #376 Torqrimsor�#� �- Plymouth, MN 55441 Mr. & Mrs. Harland Berry-7099 Hickory Dr. N.E. � M/M Gerald Nalepka-7083 Hickory Drive N.f. - M/M Terrance Mickley-7075 Hickory Drive N.E. ��ta�� o�� E��i � e �� :a� I�� €�eci A. Ni chol s- 6949 Hi ckory Dri ve N. E. For intemcl Use i --- Leslie G. Blinco-7067 Hickory Drive N.E. � M/M Gary Thomas-7061 Hickory Drive N.E. r :.sa:,a9Y�:as�s.>t,Ps �. x�:,. � .. ,.. � . ' n --�s - � . . . " _. .. . . . . .. . . .. ..,. - y. . ,. d . .. .. �, Admiz��.'at�,v�. S��a�'f ,� k�e,por.�� a z ; . �._ . t . ; . �; � 71�.3 '�a��' £tivex' 1't6ad� �T�E . � • r �. . . � .,, Pa�e .2�, Q� ,:'' i; r p e . a• .9,�z.�.,�-� . _a . , �.t�.. . - . , t��: . . , . �. .. . . � • �: ° ', f��t on `tY�e lower `level,� an.d the thirdry request is that the Citx garage � t i; � �; q �, 0 k�, rec��.rement b�: delay�d �t :thi�. t�� .. � � .. . w? , � n . � ,.. ��:_ .� q, : . . .: , ,.. ; .,_, _.�. . _ �•�Y�'iS..z�A�:� 5�4s.�.u�,w.ome� . ..s......wn...i...�, .y ..r.� . �. . ...... ... _ _ . . �....�.... . ,y.t, � .... . a. ao ., e . . . . -. - . .. � If the full 10 feet of the south side r•} � r. . i:� ' �� yard is clear (with no steps) and � if a t�me limit is set f:or the buildim� of the garage, we have no other � , �_sti�ulations.':to_reco�rtend� _. ,�__ w. ,._ ... . i. ...._a.._ _ . .. . . .. . . .,. .. . , . . _ . . .. ,. _ �; ... _ ..._ . .. .. �... ...4,.._.._.>._.�. _...,.. ....__ .....,__.�...._ _._.._�.. .��,_ .._. ..,.. .. ....� .. ... ..... .. . -8. ;` � _.. _. .... 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'�� t•��.r i. f, � ._ ._ . . . .. ! , . .. �.:�J :� •�i�. .. , � �i 6 t��r..i.�i",�, :+�.r' -. i't..'�... , �.�.., . - , i` .i" ` i! i.•:' ` ��.��(. � . -i' a, ( i=ti .s . �� _ . 4�� . ... , . ` S�� ' ' ! �, f1 . e , � . � , i : . .. � . �, .� �. S� ' • �'S ; ; �; s.ir,. ti `-' .. _ . . � .. . i� . . _s i� -. �'i J C 4..- . _ . � � � ' , . . . . . . . � . t � � .. � . . ' i i . . . _. . . ' � . 7. .. 1 � , ..... - . . � }. , . J � V �1. n. � .. ... . . � . _ � x ,r . 0 �( ( � �_ J THE MIIVU�ES OF THE PUBLIC HEARIN6 MEETING OF THE FRIDLEY CITY COUNCIL OF 3ULY 14, 1980 � . . .�--�-. " � The Public Nearing Meeting of the Fridley Ciiy Council was called to order at 7:32 p.m, by hlayor Nee. � �P�EDGE QF ALLEGT/aNCE: Mayor Pdee ied the Council and aud9ence in the Pledge of Allegiance io the Fl ag. ��LL CAI.L : MEMBERS PRESENT: Mayow Nee, �Councilman Barnette, Counc3lm�n Schneider . Counc�ilwoman Moses and Counci7man Fiizpatrick h1Ef+�ERS ABSENT: None - � ADOPTIdM OF AGENDA: � � - The following item was added: "Cansideration of a Resolution to the Metropolitan Council Re: Later Public Hearing Date on Comprehensive Plan P.mendrnpnt Guidelinesa" • � ' � MOTION by Councilman Schneider to adept the agenda vrith the above addition. Seconded by Councilwoman ��ioses. Upon a voice vote, all voting aye, Mayor Nee c!eclared the motion carried unanimously. . PUBLIC HEARIN�S: , . PUBLIC kIEARTNGS - APPEqLS COMhiISSION MEE7ING OF JUNE 24 1980: PllBLIC HEARIN6 ON RE UEST FQR VARIANCES TO REDUCE SIDEYARD SET6ACKS9 unr.��.a��u> >ia.p .cnai rciv�n rcvt�!i,, ��IK. tilYi./ f•li«. JitYtid 'IUKGK1fF11UN: � ' - ---:��.v.�>=�s..«-. Mayor Nee stated the Appeals C�nrtonission has recottanended approval of the variances, howEVer, �ecause of incorrect noiicE regarding the hearing, it was requested i:he Council also consider these-variances. Mayor Nee opened:the public hearing at 7:33 p.m. � Mr. Flara, Public �Jorks Director, stated variances are requested in order to parm�t constructian of a new dwelling Lot 7, Bloek 2, Hillcrest Addition at 7115 East River Road. The variances request�d are as follows: (1) to reduce the sideyard setback from the required 10 feet to 8 feet; (2) to reCUCe the other sideyard setback from 13 to 10 feet; (3) to reduce the minumum gross floor area fra►a ine required 768 square �feet t� 746.67 s�;uare feets and (4) to temporariiy v�aive the garage requirement. No persons in the audience spoke regarding the requests for variances. Ni0TI0N by Councilman Schneider to close the pub7ic hearin�. Seconded by Councilman Barneite. Upon a voice vote, a71 voting aye, Mayor Nee declared the rtwtion carried unar.imously. �1 �_. MOTION by Councilman Fitapatrick to concur with the recorrmiendation of the Appeals Corranission and grant the variances to reduce the sideyard setbacks from 10 to 8�feet on one side and from 13 to 10 feet on the otf�er side; to reduce the .floor plan from the required 768 sauare feet to 746.67 square feet; and t� temporarily postpone the building of a garage until August or Septerber., 1922. Seconded by Councilman Schneider. � 187 .I I ,' . 1 . t E �. I i . � � � I I � i i i _ � -----f .. . _ . i , . .. � . . PUBLIC HEARING MEETING'OF JULY`�I4, 1980 � • PAGE 2 ' Councilman Schneider questioned �Che stipulation about i:he garage being constructed in two years and how this. would be enforced. Mr.. Herrick, City Attorney, stated he had the same thoughts and the:_ City may be facing an�.enforcement proh7em9 if the situation arises. Mr. Torgrimson, the applicant, stated there will be a drivetvay and � partial blacktop. �: . UPON A VOICE VOTE TAKEN ON THE ABOVE Mt�TION, all voted aye, and Mayor Nee declared the motion carried unanimou5ly. Note: Please see a motion which adds�to this motion, as shown.in the next item in the minutes. . f-, . PUBLIC HEARING ON REOUEST FOR vARlAtur_FS rn RFnur.F�xinnR ARFA . ,�''. . .. _ . � ' i _.o.�:.�.. j �� , . � � -•. ._- • . ..rr.:cs_c M�yor Ne' opened the public hearing�at 7:44 p.m: � Mr. Fl ora, P �lic Works Director, stated��his is a request for a • variance to reti �e the mirtimum gross fl br area of a sinqle family dwelling fram th �required 1,020 squar,�feet to 884 square feet and to waive the garage requirement to al;iow construction of a n�v dwelling on Lot 8, B1 k 2, Hi-alcre�• Addition, 7109 East River Road. Mr. Flora stated the Appe s CortQn"ssion has recommended approval of the variance to reduce the uar foa�aqe and to temporarily waive the requirement for a garage ch is not.to be built until September, 1982. Mr. Qure�hi, City Manager,,poj�nt oui there would be a corimron driveway for the properties at 7109 a�'d.71 East'River'Road. Mr. �lora 5tated.the front et6ack f' Lot 7, Mr. Torgrimson's property, � , is 47 feet and for Lot 8, r. Mire's p operty, 41 feet. He pointed out the setbacks vary due to e curve in t e road. Mr. Qureshi stated he wo ld recominencT $ha . the driveway be paved up to 20 feet of the property•east of the e:est li�e of`the•house so there is at least one parking sp ce on the side of th house of each property. Mr. Qureshi staied on Lot 8 an easement should,be given to the Ci�y for drainage. , Mr. Piunn stated th`s small trianguiar.F�iece of pr, erty is owned by him, and is not p�rt of �Ir. Mire's lot, but he wou� give_the necessary . easement. - .. � , No other pers��is in the �udience spoke regarding the v riance request. ' i MOTION by Co�incilman Fitzpatrick �o'ciose the public hear ng. Seconded by Councilman Sarnette. Upon a voice vote, alt voting aye, Mayor Nee declared ;tihe motion carried unanimously and the public heari closed d at 7:52;p.m. Councilman Fitzpatrick stated he has no objection to making a stipui�at9on _ regarding a certain portion to be paved. He pointed out Mr. Torgrims�n's plans did include some paving and asked Mr. Mire is he had any plans fo� _� a�rtY Paving at this time. - - - - -- - - - - - - - - - - - �--- � � 190 a . PUBLIC HEARIPdG MEETI(VG OF �jULY 14, 1980` PAGE 4 • • • . _ � � Mr. Qureshi pointed out the paved drives on Lots 7 and 8 should be - aligned and since Mr. Torgrimson`s propenty has a greater front set- back, 26 feet would fiave to be paved. Councilwoman Moses w9thdrew her second and Councilman Fitzpatrick withdrew his motion. .� ' 0 ION by Councilman Fitzpatrick that on Lot 7, Mr. Torgr9mson's property, the paved portion of the driveway should extend 26 feet beyond the front setback in order to align it with Lot 8. Seconded � by Councilwoman ht�ses. Upon a voice vote, all yoting aye, Mayar Nee declared the motion carried i�nanimously. ' . � Mr. Qureshi stated he understands they have an agreement with Mr. Munn to give them an easement on the triangular pi�ce of property for drainange purposes. ADMIN3STRATIVE RUBLIC HEARING ON EXPENDITURES OF REVENUE SHARING FUND FOR 1981: - � Mayor Nee opened this hearing at-8:22 p.m. '� - ' - � "- Mr. Qureshi, City Manager, stated the expected funds to be received from revenue sharing for 1981 are $245,000. Mr. Qureshi rewiewed th$ amounts to be appropriated• in the various areas of Legislative, City Management, Police, Fire, and Parks and Recreation. Councilwoman h?oses asked what amount was received last yeaN from revenue sharing funds: G1r. = 6runsell, Ci ty C'Gerk. stated �about $230,000. . Counci.lwoman ;Moses ,questi oned i f th�, .S,tate recei ved any . revenue shari r�g funds or if this was just gi4en to c9ties: Mr. Brunsell stated, he urtders tands, the State probably will be cut from this program, but didn't know if this was for certain. No persons spoke regarding expenditur�s�from the revenue sharing fund for 198L • � :��:,;; <..e,��„ ...��a ._. . MOTION by,Councilman Fitzpatr9ck to close the public hearing. Seconded by Cnunci.lwoman Moses. Upon a.voice.v.ote, all voting aye, Mayor Nee declared the arotion carried unanimously. NEW BUSINESS: • RECEIVIN6 BIBS AND AWARDING COtJTRAG�F f8R STREET IMPORYEP1EPIT PROJECT . 1980- : Mr. Flora, Public Wurks Director, stated bids were re�eived for the street.project aiong 81st Avenue and Hickory Street. The low bidder was N.D.H., Inc. of Anoka, with a bid of $167,930, and it is recortenended th9s bid be accepted. �MOTION by Councilman Barnette to receive the bids �For Street Improvement Project ST. 1980-2. . CITY OF'FRIDLEY, MINNESOTA - .. STREEf II'�ROVEMENT PROJECT ST. 1980-2 °_. Bid Opening: Juiy 8, 1980 `J � PLANHOLDER-..„ (11:30 a.m.) _ BID DEPOSFT BASE BID J N.O.H., Inc. 700 Industry Avenue N.W. Fireman's �fuftd-' - -� - _ . —� ... � " �$1b7:930.00 � - --- ' Anoka, MN 55303 . , 3� ` 427-49Q0 � � . .. . . . . . . � ` I � L_ � � .. �. s ti a � �... : PU6LIC HEAFiNG MEETING OF JULY..14, 2980 PA6E 3 Mr. Mire stated he did not have any ptans, at this point, as it wasn't required for his mortgage. . Mr. Torgrimson stated the peving re�uirement is part of thE FHA specifications for his mortgage. P1►': Qureshi stated the.City Code does require a garage and paved driv�vay and felt, if the garage requirement is waived for two years, ttsere should be a requirement for a paved.area.for parking �sni:il the driveway is extended to the garage an� the garage constru�ted. MOTION by Councilman Fitzpatrick to conc�•r with the recor►miendation of the Appeals Co�ission and grant the var�ance to reduce the floor area from the required 1,020 square feet to 884 sqLare feet and to tempo- rarily waive the requir.ement for a garage until September, 1982, but v�ith the.stipulat.ion there be a paved portion ��f the driveway extending 20 feet beyorsd the front setback of the house. Seconded by Councilman Sct�nei der. . Councilwoman Moses voiced concern on whether Mr. Torgri:r�son and Mr. h9ire were aware of the requirement for paving, and if they would have the funds from their loan to cover i;his cost. 189, � � � +, .. i � '. • I � i .� � . I I I Mr. Torgrimson stated FHA requires only a partial driveway or a path for parking. He stated he went over his plar�s with the City Planner • and this item wasn't brought to his attention. He stated the driveway issue was never discussed, however,-he felt it was his responsibility to find out what was required and he will have to deal wiih this require- ment�. The_ requi�ement for.paying would not keep 6im from rtroving into the house. Mr. Mir� stated this r�uirement for the paving would not present a problem with him. ' Councilman�8arnette questioned�what ti�e co§�t.would be for the paving. Mr. Piunn stated he �vould Estimate.the cost to be about $500. P9r, herrick, City Attorney, felt tfie applicants should be familiar with a�hat is required in the City Code. He stated the Appeals Com- mission apparently feels there are hardships involved, but this hasn't been discussed. He pointed out this.type of �ariance should be handled very carefully because it does set a precedent. He stated stanc+ards have�been.adopted, however, if_the...Co�onission and Council feel they are too strict, then they should be amended. Mr. Herrick s�ated he was concerned..with the.variance beirtg granted tv�ith the underst�nding that, in two years; the garage would be con- structed, since there may be a problem of enforcement. He stated reference was made t� the fact that the reason these varianre requests by Mr: Torgrimson and Mr.'Mire are before the Council was because adequate notice wasn't sent out. He asked if adjacent property own- ers wet�e notified of the variance r.equests. • Mr. Flora stated they were noti�fied, however, notices to persons within the 500.foot radius went to the wrong addresses. Mr. Herrick felt, if the requirement for paving was to be waived, thiPer notice should be.given to the adjacent property awners since i 'I ,� � :. i f . �. . �; _i E 1 s questien_was not addressed.at the Appeals: Corran�ssion meeting. , UPON A VOICE VOTE TkKEN ON THE ABOVE MOTION, all voted aye, and.Mayor Nee declared the r�tian carried unanimously. � t�TION by Caunciiman Fitzpatrick that on tot 7, Mr. Torgrimson's � F property, the paved driveway may be simply 20 feet beyond the front� � setback of ihe house. Seconded by Cauncilwoman Moses. i i I . ! Ma.y 27, 1980 Reference: R-1 Building Variance. Section 205.05 of Zon3ng Ordinance. City of Fridley 6431 Un3versity Ave. NE Mpls., Minnesota Subject: Application to Appeals Commission Background °`�d�� , i��,f�, My wife, son, and I are putting together a 235 FHA Split Entry Home Package with Ruscon 1'�om.es as the builder. Because of the cost limit� of this 2�5 package, variances wi.11 be required. OFirst: Request 5 feet side lot variance. 205.053 Lot Requirements and Setbacks. 4. Setbacks/Side Yard Requirements � B. ,�2) Requires side yards of 10 feet and 13 feet. Explanation: The package hom.e plans cannot be changed. Windows are on the front and back of the house. To have our hame face the street, as designed, a side yard variance of 5 feet is requested. OSecond: Request a 21.33 square feet floor area variance. 205.054 Building Requ3rements. 2. Minimum Floor Area. �` A. �/+) Split Entry Requires 768 square feet for both levels. Explanation: Our upper level is 768 square feet. This includes a 1 foot overhang. The lower level is 8 inches less in width. This creates a variance of 21.33 square feet as requested. � Third: Request garage requirement be temporarily waived. 205.055 Parking Requirements. �2. Garage Reyuirements. A. Garage required on lots over 9000 square feet. Explanation: Because of the 235 FHA cost restraint a garage could not be constructed within the mortgage limits. Plans Once our home is built our first priorities will be to build a detached garage and put in the lawn. As funds permit, the lower level will be finished to include a second bathroom, family room and a third bedroom.. This will increase the total living area to 1514.67 square feet. Sincerely, �?u�, � , � . � � �� enn Steve and Pat orgrimson 33 o t n� . C� 2dl,. � g*� 37 � �°ry��., ��. 5544 1 � � �� -r �o � O . � �- a � � J � � -.� � � � � � � �� N R� �� z 0 � �� Cr � � � tA � � N. �F � r Q � � r C} U� ,�;.i ':, � �. . . . - �. • � � 8431 UNIVERSITIP AVEPIUE N.E.o FRIDLEY, MINNESOTA Sb432 TELEPHONE ( 812)571-3450 June 13, 1980 NOTICE OF PUBLIC HEARIN� s hereby giv�n.that th� Appeals Corranission of the City of Fridley �duct a public hearing in the City Cn�ncil Chambers at �431 Univer-. �nue Nor�heast at 7:30 P<M. on Tuesday, June 24, 1980, in regard 'o17ati�rrar�g mat�er: . Request for variances pursuant to Chapter • 205 of the Fridley City Code, to reduce the side yard setbacks, one from the requi�red 10 feet to 8 feet, the o.ther sade yard setback from 13 feet �0 10 feet; reduce the minimum gross floor area for a split entry dwelling from the required 768 squ�ara feet to 746.67 . square feet, and the garage requirement for lots over 9,000 square feet be temporarily waived, to allow the construction of a new dwelling on Lot 7, Block 2, Hillcrest Addition, the same being 7115 East River Road, Fridley, - Minnesota. No�ice is her�by givev� that ail persons h�'ving an interest��re�n will b� given an �ppo�°tunity to be heard at the �b�v� time and place. ° VIRGINIA SCHNABLE e�AI RWONlA� A�PEALS CQMNIISSION �ote: The Appeals Co�nnission wi71 have the final act��n on t�is r°eguest, vn7�ss there a�e objections ;rom s��rounding neighbors, the City Sta��€, �r �he p�titer;r�pFy does not agree aaith the Commissiot�'s d��isi�n. �f �ny of these events �cc.�ar°,. t«� requ�s� t�i i l eon ti nue to ihe Ci �ty C�unc� � throug�, the Pl anning Cv�ani ss z nn VJ1 �91 �niy a recommenda�cion from ti�e Appeals Comm�ssione ,_,,.�,�,.,.. Item #2 June 24, 1980 AIIMINISTRATIVE STAFF REPORT 7115 East River Road N.E. A. PUBLIC PURPOSE 5ERVED BY REQUIREMENT: 5ection 205.053, 4B, requires a mini.mwn side yard setback of 10 feet adjoining living areas. Public purpose served by this requirement is to maintain a mi.nimum of 20 feet between living areas in adjacent structures and l5 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 struatures. Section 205.053, 4B, 2, requires a 13 foot side yard setback for • access to the rear yard for a detached garage. Public purpose served by this requirement is to allow room for a driveway �or access to a detached garage in the rear yard. Section 205.054, 2A, 4, requires a minimum of 7653 square feet of gross floor area in each of the upper two levels of a split entry design house. Public purpose served by this requirement is to provide adequate house size and living area in residential buildings. Section 205.055, 2A, requires a single sta.11 garage for all lots having a minimum of 9,000 square feet. Public purpose served by this requirement is to provide adequate off- street parking area and storage during inclement weather as well as to house g�ds and materials which would otherwise cause visual pollution. B. STATED HARDSHIP: "My wife, son, and I are putting together a 235 FHA split entry home package with Ruscon Homes as the builder. Because of the cost limits of this 235 package, variances will be required. The package home plans can not be cha.nged. Windows are on the front and ba.ck of the house. To have our home face the street, as designed, a side yard variance of 5 feet is requested. Our upper level is 768 square feet. This includes a 1 foot overhang. The lower level is 8 inches less in width. This creates a variance of 21.33 square feet as requested. Beca.use of the 235 FHA cost restraint, a garage could not be constructed within the mortgage limits. Once our home is built, our firs.t �riorities will be tA build a detached garage and put in the lawn. As funds permit, the �ower level will be finished to include a second bathroom, family room, and a third bedroom. This will increase the totai living area to 1514.67 square feet." C. ADMINISTRATIVE STAF'F REVIEW: 2'he petitioner wants to locate the house 8 feet from the north line and 10 feet from the south line; the driveway is to be located in the 10 foot spaae. 'I'hey also will be 21 squa.re feet shar.t of the requirec� 768 square i � ,� ' - " _� �-.� -� ' -ea.a^ y � � . n�' �' �;a �� r — � L— � .- '� ��+P 6431 ,UNIVEHSITY AV@NU� �l.E.� FRIDLEY, k71NRlESOTA 5543Z . TELEPH�PiE ( 61a)571•34E0 TO WHOM IT MAY CONCERN: July 3, 19�0 _ On July 14, 198Q the City Council will be reviewing the �ecommendations of the Appeais Commission on two variance requests that were heard by�the Appeals Commission ort June 24, 1980. • , The requests were: Reqaest for variances pursuant to Chapter 205 - � of the Fridley City Code, to reduce the side yard setbacks, one from the required 10 feet to 8 fee�t, the other side yard setback from 13 feet to ]0 feet, and to reduce the minimum gross�floor area f�r a split entry dwelling from the required 768 square feet to 746.67 square feet, and the garage requirement for iots over �,000 square feet to tempura�ily waived to allow the construction of a new dwelling on Lot 7, B1ock 2, Nillcrest Addition, the same being 7115 East River Road N.E., Fridley, Minnesota and, . Requeet for variances pursuant to ChaptQr 205 af the Fridiey City Code, to reduce the minimum gross floor area af a single family dwelling from the _ required 1,OZ0 squa�e feet, and that_tFe garage • . requir�ement be waived, to a11ow the consi:ruc�ion of � a new dweiling on Lot 8, Block 2, Hil1crest Addition, + . the same bei ng ?109 East Ri ver Road f�.�E. , Fri dl yr°, Mi nnesota . The. City Council meeting wilt begin a 7:30 P.M. Anyone desiring to be heard will be given an opportunity at t�at time. The meeting wili be held ,� in �the Council Chambers of the Fridley Civic Center at 6431 University Avenue N.E. WILLIAM J. NEE MAYOR � . . ��,�� .._.<:.t.w_..��,��_ _��,ww._ �..��.a,.,.�._...� .:_;�.,��.. ��._, � . _...�_� , � s ..a .. ,� � �. _ . � r' CtTY [�� FIAiCiLr'aY, $UBJ�CT . tv,llP.aP,a�'��"� �� 5�� d�6��dw��°�'°1�6� . . �� Uepor cni/ �s m . , � t:um� � ttCY ►'::9� Approved by Dato ^ '' �'�� F� /��AOQRE� � FYLE TE .. _.._ �0�1/I�!_ETE REOiEE1/1/ C6-�ECf�L1S'P l � s�� RE�t.�tRt�! °'i"'❑ PL,ANNQ1i�C� ' . G2i� Ji _�� pu��+A • . . .. ` (,�,GlJ / �Si��i�EQ��s r �t �"i � �� 'C�9� �. /��/� � �� _ .�� , �� .. ,�,� � �- � �� -�� ,.��F � � . ,�� . ��,�� . � . , �� . . . � �� 6 � . ,_ ,� ;,�� : _ � , ,� . _ �� rv _� � � � �-: _ _ ,�: , �� _ ;�� - ,�, ,� <�_ `� ; R_, . ��'.,_ . . f , / a /g �1 � ✓ .l� .��: � � ,Pp� . �� .. P � �� %� - � e�,•� � �- � � �.€*A �� . . `o/; V /' is � � � �' /" �� l� ✓`��'�`�a�� `° . � � � ` ` �` � a s' �, 2 �, � � � � ` � �' ;�" F � � �� e�� + -t f �, p �=� � � �� "� �� -� � . -� . : << � Tue�c�a t June 24, 1980 '�''P�� 3 "' ,- C ��e� � � C�mm is� i.on �Ie�t in� S s - , -- -- 2+. �.�.�r.�att ttA� , r��s �"�Sil�raT sn �H�.�r -.FR 2-05 oF �?F r R'TnT.F:Y- . TTY C�DE . r0 I�E�iJt�k IEiE SIDE YAP.D 5�.'CIiACKS: ONE FROPi THE REQUIRED 10 FEET TO 8 FEET, TII� OTttEft FROM 13 F�ET Ti1 .10 FEET; R�DL'CE T�IE MINIMUM GROSS FLOOR AREA ' �'R�x-i TiiE FtEQUT.RED 7�i8 SQU4RE �'EET TO 746.67 SQUARE FEET, AND TH� GARAGE REt11JIRI:?°i�NT F�R LO'CG �VEP. 9,OQ�J S�UARE FE�T BE TEMPORARILY WAiUED, TO ALLOW �'tiE Gt�,1STRtTCTION OF A 1�Eiri DWELLING RN LQT 7, �LOCK 2, HILLCREST ADDITTON� THE SEiMF B�ING 77.15 EAST RIVER ROAD N.E. (Reques't hy Mr. & Mrs. Steven Torgrinzson, 33Q1 North Cc�u�ty Road 13, Apr ��376, Plymouth, Minnesota 55�4�) M�c, � Mr�. Torgr3�xgon, the netitioners, wsre present. ' 1'��TiO°� �iy P;�. 'r:enper, �econCC�' .i�y ?�:. .arna, ta open tlie public hc�arin�. UPOIu A VO�Cr i,�0ir�, tu.L Vf1�Ir:G AYI,, G��it�:Pv:�°' S?�1�::�,rI. ,�"r..�U?:D TIiE PUBLIC HEARiNG OPEN AT 7;�a7 T'.M. � Cha3.rwc�m�n Schnabel re�d th�: sL-aff re�ort • Ai.�.,Irl7STP1�TIVE S��'1�F R�PORT � 711� �ast Ri.ver Road N.E. � A. Ft3E;LIC F'UP�P�SE SLRVEP, IIY F�f�UIi2�MENT : s � Seci-.a.on 2050053, �1i3, requires a�inimum side yard setba.ck of ].0 fe�t � �� ' � a�ijoi.ning living ar.eas. � � � Public purpose served by this re�quiremen� is to a�iaintain a minimum of 20 feet between living areas in acijacEn� structures and i5 feet b�tween ' garages and living ar�as in ac:jacent strvc�ures to reduce expasure to wnflagration of fire. It �.s also to allc��a for aesthetically pleasing open areas around resideai�ial s�ruc�ures. • � � SECtion 205.053, ��3, 2, requires a �3 foa#� side yard setback for • access to the rear yaxd for a detached garag�. � ° �` P�b1ic purpase served by this rec�iirement is to allow xoom for a driveway for acc�ss to a detached garage in the rear yard. Secta.�n 205.054, 2�, 4, requires a minim�a of ?6£3 square feet of qross floor area in each of the upper tt�-� lev�ls ot a,spli.t entry desi�:� h�use. , " Public purpase served by this requiremen� as �Go provide adequate hause size and living area in r. esideiitial buil� dir�r�s. ., s �ection 205.055, 2A, requires a single st�.Il �axage for a11 lo�s having a minamlun af. 9, 000 square feet. Public purpos� served by this requirement is ta provide adequate of.f- � street pa`rking area and s�orage during ia�:les,ient weather as well �s to house gaods anc� materiaxs wliich would otizercvise cause visua3, pollution. ... . ,. . .. _ . . . ..-,.,_p�y*f _ A��als Comm3.ss3.ot� Meetin� June 24� 198Q � Fage 4 � D � Bo sTAT�D H11R.USiiIP: � . � � _ ` . ` "t�iy w�fQ, son, and I are put'cang tagether a 235 FHH211 split c�ntry home package witli Ruscon Iiomes as the buil_der. Because �f �he cost limits of �his 235 package� variances will be required.. The pa�kage home ,��plans can not be ch�nged. Windaws are on the front aizd back of the kaouse. To have our Izom� face the stree�, as desiqned, a side yard . varianc� of 5 feet is requested. Our upper level is 768 square feet, This�i.ncludes a 1 foot overhang. The lower level is 8 inches less zn width. This creates a variance af 21.33 square feet as requested. Because of the 235 �'FIA eost restraint, a garage could no�t be constructed r,aithin �he martgage limits. Once our home is buil't, our tir�t ' priorities wi].J, be to buiid a detached garage and put in the lawn. As funds permi�, �he �.ower level will be f inished to inc].ude a second _..u�._ : bathroom, familg� room, and a third bedroom. This will increase the �.otal 1ivi:ng area to I514.67 square feet." c. �n:�tzNZS��TZV� s�Ar� rcEVZL.a: �. The petitioner d�ants �o locate the house 8 geet from the noxth l.ine and -- �.0 f�et Eroar, the south line; the driveway is to be located in the 10 �o�� s��ce. ' They also �il]. be 23. square feet shart of the requi�ed 768 square . Chairwoman Sel�abel asked if Darrel G1ar1;. had any camments. Mr. Clark said that in discussing this with the Engineering Department �h�.t bec�.use of the new alignment of Hillcrest Aven.ue, they Taould like a new setback. requ3re�eizt from. 35 feet to maybe 50 feet, which would put the hause in line �.nd make g�ading easi.er. • 'pr,�S,Schn�bel questioned this because the Code bbok stated 35 �ee�. She s.s%ed if the stree�t was go3ng to curve that much? Mr. Glark said it was. Mr. Barna asked if the street was go3ng in front or in back of.the hause on the corner? ` Mr. Clark answered that it ws�uld be going in back of that house. He stated �hat it depended on how the members wanted�to interpret the Coc1e. It has to be 35 feet ar more. Mr.� Barn� �aid he couldn`t understand that. Mrs..Schnabel said that even if the petitioner had a 60 footi setback he still wauld have 173 feet of building space. She asked if there would be any steps coming out fram the side of the house. rire Torgrimson answered no. :.iie said the size of the house space ��ou�d be 24 ft. x 32 ft. Mrs. Schnabel asked what the cc�st of the house would be. Mr. Torgr3msan answ�red $3�, 9Q0 for the hquse and $10, Z+J�J for the �.ot . A?rs. Schnabel asked what the t3me�able for bui�.girlg a�ara,ge �'oulrl be. Mr. Torgr�san answered approximately 2 years, and it would be a g�riority item. _ � __�_. ..._ _.__._. _____��.._.�__...�....Y�:.__._. .. _-- ,. _.. .__ , __. ______.. _ .______ _ _. _,_____ --_- �� - . �.�>��, . 0 m A�ea1s Commission Meeting June 244 19ao Pa�e s 1 E ,� � Mr. Torgrimson �sked about the status of Che holding pond. Mr. Clark sa�.d he didn't know if 3.t would stand with water or not. Mr. Munn, of Munn Itealty was present. He stated that the drainage plan for the entire area had been approved. He said that the cul-de-sac plan had been scrapped 'and a new plan had been devised. He also said that the Cou�►cil had approved the plan an OcCober 2, 1978, and again 2 weeks ago. � A gerson in the audience stated that people on Hickory Drive had not been notified of the variance request. Mrs. Schnabel said that t�ie�ehad been previous concern about the pondin.g p1an, and if �he plan had been changed, she didn't know if they were aware of the change. � ��;,_ The person answered tha.t they are aware of the pon�ing plan. Mrs. Schnabel asked if the wrong people got the notif ication? She said �the right people would be notif ied when this �equest goes to the City Council. Mrs. Schnabel asked what the.t3ming was for Mr. Torgrimson getting his 1oan. Mr. Torgr3mson said it was in the f3na1 stages. • ° Mrs. Schnabel stated that the City was in error on the notif ica�ion, and that it should be sent to the City Council for their approval, thus speeding up the notification process. The Council woul.d have it on. July 14tfi, otherwise it would�n't come back to the Appeals Commission until the 15th of July. Ttzeze would be a rec- commendation to the.Council and renotification of the people on Hickory Driva. She said that the �pgeals Commision wauld consider the varian.ce rquests as thnugl��ev�ryone had been notif ied. Mr. Torgri.ffison was asked if he intended to blacktop his proposed driveway� He said that he planned to do that. The Commission felt there were no problem.s with the glans of the progosed haase. Mrs. Schmabel said that the Council was pushing for a different garage-b�ailding requirement. However, operating on the present requirements for a garage, there wou�d be at least a 2 year limit o� Mr. Torgr3mson building a garage. � Mr. Ke.mper asked how far under.grade the basement floor level would be? Mr. Torgrimson said that 3t would be 4 feet. Mrs. Schnabel said that the motion would include a 2 y�ar time limit, and that would meari t�at construction on the garage completion wouid be August or September lst of 1982. People in the audience asked if the Coimnision could give them an idea of when the street would go in. They were told there was an administrative change which caused a delay in the street construction. MOTTON by Mr. Kemper, seconded by Mr. Barna, to clase the public hearing. UPQN A VOTCF. VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE PUBLIC HEARING CLOSED Ax 8:53'P.M. . . , �,_ � • ,. � � �}e 1�ppeals Commission Meeting June �'+, 1980 � Pa�e 6 `; � F •, P4QTION by Kemper, seconded by Barna, that the Appeals Gommission recommend to the City Council, to approve the following variances (1) the side yard setback be reduced from the required�].0 £eet to 8 feet, (2) the side yard setback on the South side csf the house be x�educed from 13 feet to 10 feet, (3) the reduction of the square footage requirement from 7b8 square feet to 746 square feet, and �4) pexmit the delay in the construction of the required garage until it can be xeviewed on September 1, 1982, and that �he front yard setback to be es�ablished by the Engineexing Department to be no less than 35 feet, and that Hillcres� Avenue wc�uld be staked and installed this year, and that the driveway be constructed along the South side to prevent run-off from Lot 8 to Lot 7. There should also be renotification of all property owners on Hickory Drive. Mrs. Schn�.bel said that the Appeals Comm�.ssion•was eneouraging the new street to be�gut in this year. ` Mr. Kemp�r sa3d this would establish the proper :setback for the new consfiruction. UPON A VOICE VOTE, ALL VOTING AYE, CH�,IRWOMAN SCHNABEL DECLARED THE MOTION PASSED UNANIMOUSI,Y. � �' � 3. REQUEST FOR VARTANCES PIIRSUANT TO CHAPTER 20� OF T�IE FRIDLEY CITY CODE, TO REAUCE THE MINIMUM GROSS FLOOR AREA OF A SINGLE FAMILY DWELLING FROM THE REQUIRED 1,020 SQUAP.E FEET OF FINISHED FLOOR AREA TO 884 SQUARE EEET, AND 'THE GARAGE RE�UIREMENT BE WAIVED, TO ALLOW THE GONSTRUCTION OF A NEW�DWELLING ON T.OT 8, BLOCK 2, HILLCREST ADDITIC�N, THE SAME BEING'7109 EAST RIVER ROAD N.E. (Request by Gordon Mire, 3035 Birginia Avenue South, A��.�29, St. Lauis Parkm MN 55426. �` Mr. & Mrs. Gordon NLire, the petitioner's, were�present. MOTION by Mr. Remper, seconded by Mr. Barna, to open the public hea.ring. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCANABEL DECLARED THE PUBLIC HE�RING OPEN AT 9:03 P.I�i. _ ' Chairwoman Schnabel read the staff report. ' • ___ _ _ _ _ --- ,, _ . _ _ — ' � � ADMITdISTRATIVE STAFF REPORT � ' • 7109 East River Road YJ.E. •. �,, A. PLIBLTC PfTRPQSE SERVED BY REQUiREMEI3T: Section 205.054, 2A, requires lots having 9,000 square feet of area tA have a minimum single family dwelli.ng area of 1020 square feet of finished floor area. . � Public �urpose served by this recguirement 3s to provide : adequate house size and living area in residantial buildings. ° Section 205.055, 2A, xequires a single stall garaqe fo� all lots havinc� a mini.mwn og 9,00(? squaxe feet. Pulilic purpose sexved by this requi:z�nent is to provide adequa�e o�f=street par]a ng area and storage,during inclemen� weather as well as to house goods and materials which would otherwise cause visual polluti,on. � . �� ~ �� —� � .Q e- _�- - , .. � . t. � • _ , . .. . , ._ , ;,'°.Qa-... � ' ' ...._s �-...r.�,�...a� ��..a ' � . � . .. . :; �..a.._�......< .k� „ ...� :,,........Fr _ .�„ . . ` � ! 1P �. . �x �� :. �_ J �� - � � Steven L. Tor�r' on � � �`� � :� �° " F 7115 East River Road , �', ,, � �, ^ �; `� �; : s�. � a. ' � � V (..� ,'�j g� t' . . �=Y - �' , a } , e . f . t ! ''. � � ; � �,;; � � � �� - . �� . � . e./ � � _ � `°./ � �" i� � �� . _ � - � Q� �� 4 ,� � °� � � �'� � � vk y�R` � � r "�� • . i+� „NC � �, ta9 ,} � N ,t �-• � � #:a �-� � � ` � � � v � . : � 4 ✓ t' � � � r� i , ,�; � � ,� ;-. a f. .. c� � �. r � r , . � � � � ,� o � t��. � tsa . �: - ` - -- -- - }�' - - - -. _.. -_ ,�_y � _� i a � + ;� o ('� �_ � � o �' � . ° � � '� - J. � � � � � . � .. � � '1/�/� . `� _ � - '` � _. . .. ...u.,�.. �.__�,:� �� .., . :_;. ,..� �.�.�_ _ .;;�..:_,.. . ... . � I , . i � ' �, µ �� 1� ��i��:7��'' 8431. UNIVER8ITY AVENUE N.�., FflIDLEY� MINNESOTA b5432 .. A . J _:. , .,.>.. . . " TEL.EPHON� ( 812)571-3450 �, ' ' . "� ; °�, �� becember 8, 1980 , � a �::�. �� ;�,�� • / �a ' � �'� , � . ., Ruscon Homes Inc. a; 7630 West 145th Street � �' f;� Agple Valley, NAi 55124 .� �� . :Re: Fina1 Inspection at 7115 Ashton Avenue N.E. Dear Sirs: A final inspection was suade on Decembsr 5, 1980 of the ahove address and the following items were noted which must be completed hefore the structure can be finaled out; 1. The 2" x 12" beam in the lower level is overspanned. One additional 2° x 12" beam must he added bx January l, 1981, 2. Provide a hard surface driveway by J`un� `�°5, 198i. �-. 3. Provide sod in the front and sisie yards by Juen 15, 1981. We will expect the above items to be completed by the�scheduled dates 'when reinspection will be made to determine compliance. If you have any'questions on these items., please feel free to contact me at 571-3450. . Sincerely, '�. • DARREL G. CLARK Chief Building Official DGC/mh CC: Steven Torgrimson 7115 Ashton Avenue PJ.E. 0 I