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AF-V - 35298�ue�ecr /= 'V �� :�.�y �� y � AT ll{E 70P Ot� Tktr TN/tNS r ��. � �. � CC�MMU�N�7Y DEVfjLON�AENT DIV. 3� ��' � w^� PiIOTC:CTIVE INSHfGT10N ;:[C. ` Q a � i� i r-"�i � GTY HALI fH(DLEY 55432 � �...._..1�% �•� st2-��r•a•�:,o � ; APPLICATION TO BOARll OF APPEI�LS � �:WdNF.H REV. UATE g10-F23 1. 3/21/75 {'AGE Of • /1PVitU4EU HY 1 2 a�� Name 1lddress p�°�, J, � �� y� �.� � �.� , �� i� y�;�ga� r T10 � o. B1oeY. No. Tract�oz ddn. �� :D.��cziption � �Variance Pequest(s); incluciing stated hardships (attach plat or survey of properi:y �showina building, variances, etc., where applicable� , ` ,�� .� �" .� i�. /� k � j / a / + /� �— �, � � A ��1��!'^L j . . . ' ` �d, - . _ `. .. �� (/-:�� 9. . . . // Meeting Date C� �s�9�6 � �'.�° v� �� Coincnents & Recommendations by `tlie Board of Appea7.s �eceipt I�o. ��Sv Date,� , .� �_ �,City Gouncil Ac�ion and Date � � 'T �� - �ity c��' ��•�tdlc'y � �'� AT THE 70P UF TNF. TN11N5 i �� i • �• COMMUNITY OF.VELOPMENT DiV. � 44 �� r � � PROTEGitVE INSPECTION SEC. •t . � � _ ��'-1 : C�TY NALL FR�OLEY 55452 S •-_�1`••� ,•� 612•SGU•345R Staff Comments bUHJlCf 11PPLI CAT I O�d TO B011RD OF AP('EALS (Staff Report) NUMktF.H HEV. UAtfl 1'AGE OF AYi'ftOVkO UY 910-r23 1 3/21/':5 2 2 aQ0 Board members noti£ied of ineeting by �� %� �� List members, date notified, and "Yes" or "No" for plans to a�tend hearing. • " Plan I Date ITo Attend �I Name • Pearson making appeal and the following property owners having property within 200 feet natified: . . By Whom Name � Date Phone or Mail Notitied Mr. &'Mrs. Edward Bauler 1420 Rice Creek Road N.E. � Mr. & Mrs.�Ervin Kassow 1400 Rice Creek Road N.E. �- f � �° `°' Dorothy Males-1370 Rice Creek Roa N.E. - Mr. & iNrs. Orlin M rlie-6229 Central Avenue N.E. Mr. & Mrs. George Skinner-6217 Central.Avenue N.E. • Mr. & Mrs. Herbert Jensen-1450 Rice Creek Road N.E. � Mr. & Mrs. James Skog-6274 Ben More Drive N. . . Mr.. & Mrs. RobertsCarpenterv6258��BenrMore�Drive�NE Mr. & Mrs. Ronald Nolby-6253 Ben More Drive N:E. 0 0 , • - `7 OFFICIAL NOTICE CITY OF �RIDLEY� PUBLIC HEARING BEFORE THE APPEALS COMMISSION TO WHflM IT MAY CUNCERN.: � NOTICE IS HEREBY GIVEN that the Appeals Commission of the City of Fridley wi11 meet in the Council Chamber of the City Hall at 6431 University Avenue Nor�theast on Tuesday, October 12, 1976 at 7:3Q P.M. to consider the following mattero A request for a variance of Section 205.U53, 4, A, Fridley City Code, to reduce the required front yard setback from 35 feet to 20 feet, to allow �he constuction of a dwelling and garage, located on Lot 6, Block 1, Neather Hills Addition, the same being 6250 Ben More Orive N.E., Fridley, Minnesota. (Request by Mr. Thomas Brickner, 6245 Ben More Drive�N.E>, Fridley, Minnesota 55432). Anyone wha desires to be heard with reference to the above matter� will be heard at this meeting. VIRGINIA SCHNABE! CHAIRPERSQN APPEALS COMMISSION Note: The Appeals Corr�nission will have the final actiort on this request, unless there are objections from surrounding neighbors, the City�Staff, or the petitioner does not agree with the Corranission's decision. If any of these events occur, the request will continue to the City Council through the Planning Commission with only a recommendation from the Appeals Commission. . NOTE: TNIS ITCM 4JILL NOT QE HEARQ BY TNE APPEALS COMMISSION UNTIL OCTOQER 26th AT 7l�E REQUEST OF THE PETITIONER OFFICIAL NOTICE . ' CITY OF FRTDLEY . � PUQLIC NEARING BEFORE TNE � APPEALS. COP�IMISSiON TO �tHQf�f IT MAY CONCERN: . NOTICE IS HEREBY GI�EN �ha� the Appeals Commission of tt�e G�ty of Fridley will�meet in the Council Chamber of the City Hall at 6431 Uni:�rersi�y Avenue :h�ortheast on T�aesday, October 12} 1976 at 7:30 P.I�.: t�o consider the fol1owing matter: A. req;uest for a variance;af Section 205.,Q535 4s f�: .. Fridley City':Codea to reduce �he required front ya.rd setback firom 35 �f�et to 20 fee�t, �o allow �he constuction . of a dwelling and garage, located on Lot 6, Block�ls Heather Hilis .Addition, the same being 6`L5� Ben Ma�re Drive N.Eo, Fri.dle,f9 Minnesotae (Request t�y Mfr�� l'ha.mas Brickner9 6245 Ben Mor�:Drive N.Ee, Fri�dl.ey,�.Minnes,ota 554.32 ) . � � � Anyone who desires tQ.be heard vrith re.ference �o �he :abo��e.matter wi11 be heard at this meet�ng. � ' '�. � UIRGTNIR : SCHIVABEL CHATRPERSON APPEALS COMNfISSION . � � . Note: The Appeals Comm�ssion wi11 have �he:final action on thi��eq�test, unless �,het�e are objections from surroundi�g neig�ibors, .the Ci�cy St�ffm or the petitione�r does not agree with the Commission`s decision. If any of; these events oeeur, the request will continue to the City Council through �He�:.Planning �omm�ssror� with only a,recommendation �rom the Ap�eals Commission. � , , .. _ . ,, 0 . . , . ... � , . � Item # 1 10/26/76 ADMINISTRATI�ATTVE STAFF REPORT 6250 Ben More Dri'`ve N.E. A. QUBLI:C PURPOSE SERVED BY' R�QUTREMENT: Section 205.053, 4, A, requiring a front yard setback of 35 feet. Public �urpose served is to a11ow for off-street parking without encroaching on pu6lic right of way. Also for aesthetic consideration to reduce �GP�e "6uilding line of sight" encroachment into the neighbor's front yar�e B. STATED HARDS}�rP: Lot narrows quite fast toward the back of lot and lot also drops off quite fast. Without front �ar.d setback variance, house becomes �ao narrow in front. C. ADM�NIS7RATT1IE STAFF RE'VTEW�: Tl�e lot in question drops off excessively in the rear. The problem can be reso1ued only by using unusual construction, excessive amounts of fill, or a reduced front yard setback. A lesser front yard setback would not encroacfi into the front yard of the house at 6258 Ben More Drive. Shou1d tFie cul-de-sac easements be vacated and the street go tt�rougli, the hous�e would be more than�35 feet from the front property 11`ne. Staff has no objection to this variance request. r �� * s �:�.� f� � � �` � � � �' ^ � r 4r � � }r � �-'�,—��,.. ` �c^ �d � E�: V � � � "�� r : � ti� s�� 4 r `� . � � �� y� � `_ �5° z:: 1�ugust 3, 1977 :<� : _ :=�: ,� ;:,4 �,; F �, - ��_: .rr. s:� ,d `. � •� � � � 6431 IINIVERSIYY l�1{EAILI� N.E., FRtDLEV, 6blIM��Td�s 554.3a TELEPii�@�� ( 692)571-3450 Brickner Builders Inc. 6245 Ben More Drive �T. E o Fridl.ey, Mn. 55432 Re: Final Inspection at 6250 Ben More Drive N.E. L�ear Sirs : A final inspection was made at 6250 Ben More Drive N.E. on 3uly 29, 1977 �nd the following item was noted which must be corrected before the structure can be finaled out; ' The plastic hose in basement was instalZed touching the gas flue vent. There i.s a one inch clearance to combustibles that is required. t�le will expect the above item to be campleted by August 20r 1977 when a reinspection will be made to determine compliance. If you have an� questions on this item, pl.ease feel free to contact me at 571-3450. Sinc el , RON HOS�DEN Building Inspector Ri-I/mh � Fridley Appeals Commission Meeting - October 12, 1976 Page � the property owner give an easemen� for the maintenance of the property� and Mr. Holden said that would pr.oba��y be the easiest thing. Mr. Barna commented that he thought the �1an �would be a great impronement, and the hardships were a11 viable and sensible. Mrs. Gabel a�ded that'even �,:- te. . � . ., _ , �� ey couTd bu:��.d �the garage on; the other side, they would have no yard. ' M�, Plemel askec�° Yiow wide .-the lot was, and Mr. Barna sa.id it was` 83,.6�.' in the front and 82.3' ir� the rear. . , MOTION.by Barria, sec4nded by`(�abel, that the Appeals Commission approve . �the request-for �a:riances with the st�:pulation that a three foot easement be obtained from the property�owner tQ.r:the East for maintenance of that `' `�ide of the �ax�age. Upon� a uoice vote,� alI votin� aye� the motion carried � "' � �"unanimously. ' ::.. . . . t�'"'` `:`� Mrs. 5ctinabel explained .�o �he Swansons ,an�. •1JIr. � Sporre that this was the ,,, ` `'" J final decision a�d the� wer� free -�o _ agply for tYie building permit and ; � " proceed with construction. , . . , 2. TABLID: REQUEST FOR VAftIANCE5 OE THE FRIDLEY CITY CODE .4S FOLLOTn1S: SECTION 205.134, �., C, � TO REDUCE THE� REAR YARIJ SETBACK FROI�i TH� REO,UIRED 25 FEET TO 7.5 FEET� AND, SECTION. 2Q�.135, 1,-(E�3�� TO ALLOyd OFF-STREET PARKING TO BE WITHIN 0 FEET,OF THE LOT LINE INSTEAD OF SET BACK THE R�QUIRED � FEET � AND SECT?ON 205. 7:35, 1�.( E,?� ), TO ALLOW OFF'-STR�T PARKING TrJITHIN 3 Fr.ET OF THE 1�1AIN BUILDING INSTEAD OF SET BACK THE REQUIRED 5 FEET, ALL TO ALLOW THE CONSTRUCTION OF A SPECULATIVE BUILDING ON LOTS 23, 21� AND 25, BLOCK 8, ONAj�dAY ADDITTON� THE SAr1E `-� BEING 7751 FLM STREET N.E-.,� FRIDLEY� NffNNFSOTA. .(Request by Paco� Incorporated�� 5920 Kirkwood.T,ane,• A�.ir�neapolis, Minnesota 55l�27). This item was request. _ �. , -. tabled until.the-meeta.ng�oi �ctober 2bth at the petitioner's 3. BEQUEST FOR"A,♦V�RIAN�E.OF:rS�CTIO�T 2Q5.053� 1t� A, ;FRIDLEY CITY'CODE, T0 RIDUCE THE REQuIRED FRONT-� 7�ARDi ;SE�'BACK FROM 35 FEET TO � 20 �EET �' TO ALLOW �HE �CONSTRUCTION'OF�:� DZ�dEL�.ING AIdD,,G�RA CATED` ON LO 6,'BY,OCIi 1, HFATH�R HILLS A1)DITIflI�� THE SA�1�? BEIl�i .6250. B�N' I�R� DRI ' N.E. �' �'RIDLEY� �ITNNESOTA. (Request by Mr. _.Thomas Bx�ic `..� ore Drive, N.E. � Fridley, Minnesota. 55432:). ` r , . Petitioner asked that this request be'tabled until October 2b, 1976. `Affected property owners notified that this will be heard on October 26th. . � . . _ , . ...± . _. - _ "= _ _ , _ ° , ., •i_ _� _- . : g .. � ;� � : . Fridley Appeals Commis�ion Meeting - October 12� 1976 Page 3 . ,MOTIOI� by Gabel, sec�nded by P1emel, that the Appeals Commission receive the __ �_ seventeen letters in reference to._the request for variances. Upon a voice � �� vote, all voting aye, the motion carrzed unanimously. Mr. �porre stated that this was basically the only place a garage could be put on the property. He said that they would note on the survey that the neighbor�s garage was very close to the 1ot line in back, and tha� was why the:S.wansons would have to,go forward.; also because there was only one window i.n ihe.ki�tchen at this time and they didn't want to lose it. He explained the:garage would be brought right up to the window. Mr. Sporre added that the other.side of th�,�lot was low and close to the creek, so this was about the only place a garage could �e built. He said it would be a small double �arage,`.but two caxs would fit. 3�Irs. Schnabel asked if the garage would protrude slightly in front of the ;house. Mr. Sporre answered that it wauld, and explained that was why they ' we�e going with the roof line they �ad chosen--to tie them tagether. He said that the way it existed now the fr�Yit of the house faced the street, but in`essence whe� �hey g4t done it woul`d face the creek. He added that both ,sides of the garage would be �'ire- w�;ls. ; -- . .�� Mr. Gabel said she had gone ou:t and looked at the property, and it,.seemed� �:. " to her that this was the only f�asible plan. -' Nlr`sa: Schnabel asked how soon t1�ey planaied to start construction, and Mre Sporre answered they would start as soon as they were granted the variances. rTr, Swanson sa.id that the driveway and cux�b depression were already in, He said the house was about l2 years old, and they had owried it for almost six years. He did not have a garage at'the present time. - Mrs. Schnabel said there had been'some c�iscussion in the Staff,�Report on making an agreement with the neig�ibors.as far as tresspassing iar snow removal and d�sring constructio�i r of' t,he 'garage. She sta,ted she thought .that maintenan�e of th� East wa11 should be a consideratiori from the neighbor's standpoint because that side of tk�e gaxage V�ould face the Seegers. Mr� '� ._. Swanson said that hQ lmew the Seegers`and that would be no problem. Nirs. SchnabeZ asked if the overhang.would-s�ap at the �roperty line, and Mr. Holder said it would. Mr. Holden-;comm�nted that other than''�the agreement-with the nei,ghbor to the Ea.st concerning irespassing, he had no questions. Mrs. �chnabel asked.: about the strip of land between .the two pz-oper'ties, and • Mr. Sporre stated that most of that belonged to the Seegers. ,He said they had some sma11 trees there now�� and would protiably just p].ant some shrubbery. .` Mr. Barna asked what type of si�iing they would be;using, and Mr. Sparre replied they would use masonite��;the same•as the house. � .� ,.` MQ�ION by Barna, : secondec� � by Plemel,,�•that the Appeals Commission close the '' , Public Heari.ng. 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'a��, / �c .g�.' i ! r� / p� '�2 • . 1 N ,- . � � � 7 a - z '. . � - ' ` s `�i � '. ��`� tt 1 N \ Fj � � I� � � NOTE: THIS ER�2�6tf LAl'NTNEBREQUEST OF THE PETiTIONER�jsSION UNTIL OCTOB OFFIC�dAL NOTICE CITY OF FRTDLEY PUBLIC HEARING BEFORE THE APREALS COMMISSION TO WHOM IT MAY CONCERN: N07ICE IS HEREBY GIVEN that the Appeals Cvmmission of t�i� City of Frid�ey will meet in the Council Chamber of the City Ha11 a� 6431 University Avenue Northeast on Tuesday, Octaber 12s 1976 at ?:30 P.M. to consider the following matter: A request far a vav°iance of Section 205.053s 4s As Fridley City Codes to reduce the required front yard setback from 35 feet to 20 feet, to al.low �he constuction ' of a dwelling and garage, located on Lot 6, Block 1, Heather� Hills Addition, the same being 6250 Ben More Drive N.Eo, Fridley9 M7nnesotae (Request by Mr. Yhamas �:> Brickner, 6245 B�n More Drive N.Eo, Fridley, Minneso�ta 55�32). Anyone who desires to be heard with reference �o �he above matter will be heard at this meeting. VIRGINI�1 SCNNABEL CHATRPERSON APPEALS COMMISSION Note: The Appeals Cormnission will have the final ac�ion on this request, unless there are objections from surrounding neighbors, the Ci�y Staff9 or the petitianer does not agree �vith the Commission's decision. If any of _ these events accur, the requesi will continue to the City Cpuncil through the Planning Commission with only a recommendation from the Appeals Commission. v:��:. � r ' FitIDLEY APPEALS COMMISSI4N MEETING OCTOBER 26, 1976 - MEMBERS PftFSENT: 5chnabel, Barna, Gabel, Kemper, Plemel MEMBERS ABSENT: None OTHERS PRES�NT: Ron Holden� Building Tnspection Officer The meeting_was called to order by Chairperson Schnabel at 7:35 P•M• APPROVE APPEALS COMMISSION MINEJTFaS: OCTOHER 12,_197b MOTION by Barna, seconded by Plemel�-to approve the minutes of the October 12, 1976 Appeals Commissian meeting as written. Upon a voice vote, a7:1 � voting aye, the motion ea.rried unanimously. 1. CONTINUID AT PETITIONER'S REQUEST: REQUEST FOR A VARIANCE OF SEGTION 205.0�3, 1�, A, FRIDLEY CITY CODE, TO REDUCE THE REQUIRED FRONT YARD SETBACK FROM 3� �'�2 TO 20 FEET, TQ ALI,OW THE CONSTRU�TION OF A DWELLING • AND GAR - TID ON LOT 6 BIACK l, HEATHER HILLS ADDITION, THE SAME BEING C 250 BEN MORE DRIVE N.E., FRID?�EY, MINNESOTA. (Request by Mr. Thomas rickner, en re Drive N.E.� Fridley, Minnesota 55432)• MOTION by Kemper, seconded by Gabel, to open the Public Hearing. Upon 'a voice vote, all voti.ng aye, the motion caxried unanimously. ADMINI$TRATIVE STAFF REFORT . A. PUBLIC PURPOSE SERVED BY REQUIREMENTs Section 205.053� lt� A, requira:ng a front yaxd setback of 35 feet. Public purpose served is to allow for off-street parking without encroaching on public right of way. Also for aesthetic consideration to reduce the "buildi.ng line oi sight° encroachment into the neighbor's front yard. B. STATID HARDSHIP: I,ot narrows quite fast toward the back of lot and lot also drops off quite fast. Without front yard setback variance, the house become5 too narrow in front. �: 1 Fridley Appeals Commission Meeting - October 26, �9?6 m . : C. �rADMINI�TRATN� STAFF REVI�: . _ . :.� � . . � ■ -:-.� Page 2 _�� L - .. . ..�.' .V i:F:J ;�� TYie �1ot Yn •questi�on drops of€ =excessively in �he .re�: � Th�, p��blem can be resolved only by using vnusual construction, excessi�re�amvunts of fill� or a reduced front yard setback. A lesser front yard setback �� would not e�croach -irito the front yard of the house`at�62�8-Ben Mo�e �-Drive.�` ShouY.d�the cul-de-sac easements be vacated and the street go through,'th'e hou'se would be more�than 35 ieet fr.om the front prog�rty °1:i.ne. .., . -�`Staff has no ob�ection to this'variance request.-:_ . Mr. and Mrso Thomas'Brickner �ere"present� along with Mre and MY°s. Ly�le Carpenter� the adjacent property owners. .,_ . - �: . . . Mr. Brickner ga�ve each Commissioner a copy o� a print showing the elevations and setbacks of the proposed house and the house to the East. He said that what they were atteinpting to do was' the most feasible use of the property. He explei.ned that'with this setback they would s�ill not be any closer to the street than the house to the Ea.st� and there was nothing to the West. He further explained that with the variance they could still build an `" aestheticaTly-pleasing `house on that` lot,� but the contour of the land dropped so fast that as they got further back the lot go so narrow they could not got�;a.nice-looking home on there. He stated that the proposed home was 17$2 square feet, and it was just not feasible to put a house back 35' on that lot. Mr. Briclmer said �that this was a temporary cul-de-sac and the road could be extended some day, and if that was the case the driveway would even be longer. ' Mr. 8ricl�er_said they were proposing a 20' wide garage, but would like to go to possibly 22' or 2!�'�, and he thought that �aould be possible with this variance. He explained they had drawn up this plan so they were at a minianum _ of 5' and 10', but when they took the final survey they felt it would cheek out to �ive them a little more r�ridth (possibly two to four feet). He said they would maintain ��ie 5�.- Mr. BriCluier stated he lived across the street from this lot and he wanted to look at a nice house. He added that they had a two-story structure proposed and-�a plari th�t took advantage of the grade. He said that actually, from the road the house wouldn't look that high from the front. ` •� - Mr. Holden asked if he� was goirrg '�io- have sewer off the front, and ��r. Briclmer _ said he would, and the sewer was 10' deep. Mr. Kemper asked if this was a -.specuTative hame� and Mr. Bri+claie� replied it was. s �.. �.; . ... . . , -. . ,.„ Mr. Plemel asked if there weren�t lots to the West of this cul-de-sac that -..would open up to the cul-de-sac, and Mr. Briclrner said they didn�t lmow that� '� and sai�l" the lanei to �the West �as "q�estionable. He eacplained it dropped off very rapidly at the end of that street, and�if anybody developed it he didn't .know how they. would be able to run the sewer. Mr. Holden said that it didn't '.�,eappear� .there we`re any lots tHat we�e' platt'ed of� the cul�de-saco He said it � t�tas �os�ibl��for tYrat 1and=��a'Sbe-'cl��v�lbped, �but: one problem would,,be the sewer. Fr3dley Appeals Commission Meeting - October 26, 1976 Page 3 . � � Mr. Kemper asked Mr. Brickner what the house he lived in was set':.back, and Mr. Briclmer replied 35�• He said there we.�en't�.ariy vsriances around the cul-de-sac, but there were several variances on Kerry Circle. N1r. Kemper asked if tYie. '� cu�b��taer�` i.r�'now.., ��n►d :MY'.- Bric.�e�, said, that they were, and.,they,fol.lowed . .�th�.::�as�ment. � v ; .* -� --;, � ', �:. � , . � - . � ; . . . , � , _ ! :` �, :' 'r- :_ .. .. , . . . . . . � . - ,� r E ' ' ; .�NIr. : Car�enter, 6258 .B� .�ore Drive, � said he didn't want to ''see ithe house built � any: fur�ther back ;th�.:.Mz'.,,.Bric�Cner had it,,-but, the plan .as he had it now was •` fine.: I3e s�id .�e woul.d :pre�e� that this request b.e -$ranted,; :};;,, ; Mr. Holden asked if there would be any problem with elevation between the yards. Mr.� Briclm,er said the�y would probably be px�etty much the same� and would drop down on the West side. He explained�it would be about``the same g�ade that �he • Caxpentex� � s tapered; dot� t.an �l�e We�t side� a , f MOTION by Plemel, seconded by Barna, to��close the �Public Hea.x�ing:'�` Upon a �toice vote, �7.1 vating aye, the mot3o�,,car�i�ed ;unanimous�.y. _, ,,p � Mr. Barna said that hzs : ma.in �oncex°r� w�could be tY�e�.n�'ighbor � s�eeYin�� and since Mr. Carpenter was in favor.;of- the;vaxiance he �wouldri't ha`ve any� ob�ections. . MOTION by Plemel, seconded �by ;Barna� t�hat the rec�uest for va,�'iance be.�,' granted. iJpon a voice vote� a17� .vot�.ng, aye� the.motion c�rried"..unanittrausly. . _...:. •- , : ,.,:. 2. CONTINUID: (Original variance wit�id.rawn) REQUEST FOR VARIANCES..OF THE FRIDLEY CITY CODE A5 FOLIAWS :_:�1SLCTION�- 205.13�., 1�, C��'0 REDUCE T�iE REAR YARD SETBACK FROM THE REQUIR�D 2� FEET TO 7.5.; F'E�T�. AND SECTION ;2�)5.131�, B� TO RIDUCE THE SIDE YARD SETAACK�FROM 20 FEET TO 0�'EET� fi0 Ai�LOW THE CONSTRUCTION OF A SPECUI�ATIVE BUILDING ON LOTS 23, 2!t AND 25,-$LOCK 8, ONAWAY ADDITION, THE S�ME BEING ?75]-_ EL�I-:STREET N.Ea � FRIDLEi:� MINNESATA. (R:equest by Paco, Inco�rporated�, 59�0,;K�-r��oa ��e, �Minxi�apolis� Minn� � . � esota, 551�42 ) , , . � .' F . - < .. : , , : - ; ; .. .: 1 ,_ ., �.. MOTION by Gabel� seconded;by Ba�na� �o�=ogen the,Publ�.c Hearing. Upon. a vaice vote � all voting' aye � the:. motion�; ea.�ried unan,�.mou�ly. .r . , : :. , r. . . . : _ , , , : . . � ADMINISTRAT IVE. ` STA%'F, . REFORT . �. , . � : ; ,;; _ , ,`. ..)� �� i . .� . ... . ... _ ' l� . A. PUBLIC PURPOSE SERVED BY RE@UIREMENT: ��. .. Section 205.13J�, .1t� C�� r�qui.r�d. �'eax' ya�'� setba�ck o� 21� #'eet. ,: Public purpose served by: -the reguireane�t� is to provid��ade�iate open space around commercial structures for aesthetic and�fire fightiiig purposes. .<� � . � , r u , . <.. . . . �.. ' _ . . _ . ' ,� ,: � 1� B� , requ :. � - _. _ . ._... }. j . . � � Section 205.13tt, , : �?'in� �,�20 foot,.side yard setback 3.ri- a�p M-2 ; . . ; District. .. _ _ _ ,. . . _ .. � � . . . J 1 _ :t , . ' �, ,. - � . a� . �. >_ . ... _ . ..• ; .- -.j <: ` Pub].ic -purpose : served ;by the t r._e4uir�zr}ent is, to ; pro�ride adequate f�.re �� ' -�;�pra�ection�: and a��sthe�icallyr�=a�g�,�pEfi� �'eas to,��.ndustr.ial .s�ructures. `�"'!�' Fridley Appeals Commission Meeting - October 26, 1976 Page � � B. STATID HARDSHIP: I,and cannot be built on to meet Code. C. ADMINISTRATIVE STAFF REVIEHi: Staff has been in faeor of rear° yard setba�ks in the Onaway area dute to the shortness of the lots� and feel that this request is j.ustified;in light of�past variances granted in this block. Section 205.13l�� I�, B, subsection 3, allows for the exception to 0 feet where a common wa11 is co�structed between two buildangs, whzch meets the fire safety standards. A common owner of t�ro adjoining properties can easily build on one property at the zero setback point in anticipation of constructing a similax structure with a zero setback ora the adjacent property. In lieu of common ownership, a joint agreement with the adjacent praperty owner is in order, however,•the adjaceant property i.n this case (Signcrafters to the South) is developed in such a way that no common wall is possible. Tn other words this would be a single building with a zero clearance to the lot line. Staff does take objection to this variance request in that fire protection clearance and green areas are not provided. I�s. Holden said that Staff wQt�ld also like to recommend a 5� reduction in the dimension of the building in order to allow for maintenance of the building �d any possible problem of the building being hit by trucks, etc. Mr. G. W. Paschke of Paco� Inc.� was present. Chairperson Schnabel stated that this re�,uest had come through the Planning Commission last week because Mr. Paschke had a potential occupant for th� building and he wanted to have this proceed along as quickly as possible. She explained the Planning Commission took a look at it and had r.o specific suggestions to make, however, they were interested in reyiewing the 0 lot line approach. She said that one concern that came about was building on �he 0 lot line when there was not an adjacent building to be built up to. NJrs. ScY�nabel said _that this was different from most� if not a11, of the requests they had in the past; she d�dri't recall any 0 lot line construction when i� was not the intent to build another build.ing to the line �.djacent ta it. She sai.d tr�re irFgr be cases whe�e they granted 0 lot line and the adjacent owner didntt build, and explained tliis was different because there was no way anyone could build. Mrs. Schnabel stated that the Planni.ng Commission had passed a motion that the Appeals Commi.ssion could send this directly to the City Council. Mr. Paschke said that originally Mr. Harris and he had agreed to the 0 lot ]3net but then Mr. Harris realized there might be legal problems if someone ran into the building and thought that perhaps 5' would solve the problem. He said he had gone over this wi.th Mr. Sobat�ch and Mr. Boardman� and they felt the building should be set back ��. ■