VAR88-19A y
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STATE OF MINNESOT�
COUNTY OF ANOKA
CITY OF FRIDLEY
In the Matter of a Variance, VAR ��88-19
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�PPEAI,S COI�lISSION PROCEEDINGS
Jai= West , Oi,rner
VARIANCE
The above entitled matter eame before the Appeals Commission of the City of
Fridley and was heard on the 19th day of _ July gg
on a petition for a varianee ' 19 '
Jrdinance, for the following �iescrib dnro erthe City of Fridley►s Zonittg
P P y.
To reduce the rear yard setback from 30 feet to 28 1/2 feet to allow the
construction of a screen porch on Lot 2, Block 4, Rice Creek Estates, the
same being 6190 Benjamin Street N.E.
IT IS ORDERED that a varianee be granted as upon the following eonditions or
reasons:
See Appeals Commission minutes of July 19, 1988.
STATE OF MINNESOTA )
COUNTY OF ANOKA
CITY OF FRIDLEY
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OFFICE OF THE CITY CLERK
I, Shirley A. Haapala, City Clerk for the City of Fridley �ith and in for
said City of Fridley, do hereby certify that I have eompared the foregoittg
eopy 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 TE.STIMONY WHEREOF, I have hereunto subscribed my hand at he City of
Frid ey, Minnesota, in County of Anoka on the o�� day of
_ .�A :�� , � g �� �
DRAFTED BY:
City of Fridley
6431 University Avenue N.E.
Fridley, I�i 55�432
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• SHIRLEY A. AAPAL.A, CITY �fiK �°�.,�" ° 9°,� . t�+
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Varianees are valid for a period of one year following approval 0 `'� '°'"_�•
considered void if not used xithin that ���a�l' be, . r.� :
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APPFALS CCi�+iISSI�T N�TING, JULY 19, 1988 PAGE 13
Upon the fourth ' -' and the appraval of the third petitioner,
ELO g, itein 4 was movecl to it�an �3.
3. QONSIDERATIO�T OF V�112IANCE R�QUF�ST, VAR #88-19, BY JAY B. i+�ST:
Pursuant to Section 205.07.03.D, 3, a, of the Fri.dley City Code to rediice the
rear yard setback fx�an 30 feet to 28 1/2 feet to allvw the constructa.oa� of a
screen porch on Lot 2, B1acJc 4, Ri.ce C,reek Estates, the s�nne being 6180 Benjamin
Street N.E.
MOTION by Mr. Sherek, sewr�ded by Ms. Savage, to open the public hearing.
UPON A VOICE Vt�'I'E, ALL VOTING AYE, Q�PERSOrT BAF� DDCI� THE PUBLIC I�ARIIJG
OPEN AT 9:35 P.M.
Chai.xperson Barna read the Ac�mi�istrative Staff Report:
AUMIlQISTRATIVE S'�I�F'F REPQI�I'
6190 Benjamin Street N.E.
VAR #88-19
:l • • � `1 `1�1• �+� : •� • �• 8 1�
Sectio�n 205.07.03.D, (3)�, (a) , requires a rear yard depth to be r�ot less
than twenty-five percent (25�) of the lot depth.
Public purpose serv+ed by this r�t is to pravide rear yard space
to be used for green areas which enhance the neighborhood.
V� a� r•�� y �r
"The x+oc�[tt we want r�eeds to be 12 ft. minirmnn (�pt 10 1/2 ft.) tA aCCo�cmodat,e
our rieeds as a yotmg family of 5. We need tive size, too, for the frequent
entertainirig we enjay doing."
C. AII�I.IlITISTRATIVE STAFF REV�EW:
The Code states that the rear yard requireirnnt for leaving space is 25� .
of lot �, not more than 40 feet or a m�*+���+ of 25 feet. This request
is to reduoe the rear yard to 28.5 ft. whi.ch is less than 25� of the depth
of the lot (120 feet).
If the Appeals Caarmissi,on approves t�zis requeSt, the staff has no stipulatians
to suggest.
Mr . C].ar3c ` stated the petitioner' s property was located one block south of
Bri.ardale I�ad on Benjamin Street. Just to the east' of the property (rear yarod)
there was a ci.ty park with a 20 foot walkway easement (part of the outlot for
the Park)� also a+med by the City, so the dimensi� from Mr. West's rear P��Y
1 i nP to the side line of the hoaise was an addi.tional 20 feet. He st.�*'�d
the peti�i.oner wanted to bui.ld a 12 ft. by 16 ft. additi.on.
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�FATG �SSICN N�E,TIl�TG, J[II�Y 19. I988 PAC� 14
Dr. Vos stated he was trying 't�o define �e haY'dshiP a little m�re. He stated the
rear propert��-line �ey were talking about was actually a dty walkway, nat an
adjaoent property (house).
Mr. Barna stated that all the lots 1-7 in thi.s block were at 120 ft. , whernas
the houses across the street an lots 1'�22 were about 124 feet deep. Zhe ass�-
tion oould be � that the walkway a�d the width of the park reduoed the depths
of ].ats 1- 7 by about 4 feet. These lots were actually the shallowest in the
neighborhood. If this lot was a normal lat depth for the rneic��borhood, no varianc�e
would be required for this size of an addition. Zhe hardship was that the lat was
shortened when it was platted.
Mr. Barna stated that in the agenc7a were two letters from r�eigk�bor's sta't�ng no
abjection t�o the varianoe as requested.
NrirICl�1 by Dr. Vos, seocnc3�ed by Mr. Sherek, to reoeive letters fran Lynn Makita,
6190 Benjamin St., and Kathy Divine, 6170 BenjaQnin St., stating they had no
objection to the West's bui.lding a pordz and leaving a rear yard of 28 1/2 feet.
c�aJ ° A wzcE va�, � varnvc �, cx��sav s� nE� � r�� c�D
��r.�.
�IpN �y Mr; Sherek, seoonded by Mr. Kueciile, to close the public hearing.
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L]PCN A VOICE VOTE, ALL VCnIl3G AYE, Q�AIi�PgiSON BAi� IECZARID TI� PUBLIC HEARIl�TG
CC,06ID AT 9: 45 P. M.
NDmICN by Mr. She�k, semnded by Ms. Savage, to apprwe varia�ae request,
VAR 8�-19, by Jay B. West, Pursuant to Section 205.07.03.D,(3),(aa, of the
�i�y ��, �e to reduoe the rear yard setbadc frc�n 30 feet to 28 1/2 feet
to allow t3ie oat�.structiorm of a screen porcii on Lot 2, Block 4, Ri.ce (��eek Estates,
the sa�ne beirig 6180 Benjamin Street N.E.
Mr. Sherek stated the purpose served by the requirement for the rear yard spaoe
was for c�reen areas whidl enhanoe the neighborhood. �ere was � oUjectioa�
fraa the neic�bori�ood, aaid 'there wi11 still be ac�equate green sPaoe wit3z �the
20 ft. walkway. He thaught the spiri.t of the �7e was clefinitely being met.
7he other Oa�anissioners agreed.
LIIX�T A VOICE WI'E, ALIo VOTIlyG AYE, C�IPiIRPIIZSC�T BARNA DECZARID `!�'IE Ni7I'I�T CARRIID
...LA�119Z�LSLY. "
C�' A VARIANCE �T, V14i2 �88-18, BY EIfJ
LINE ODI�TRUL�I�i:
Pursua�t � See�.i.� 205.18.03. C. of the Fridley Ci to increase the
req�rired aaxim�► lot ooverage frcm 40� to 49 , p�suant to Section �;
205.18.05.D, (5) ,(� , of the F`ridley ' to rec'�uae the required ndn�
hard s�faoe setback fran the uilcling fxan 5 feet to 0 feet; p�suant
to Section 205.18. 05. D, (5 , of the Fridley City �oc]e 'to reduoe the requ�red
hard surfaae setba the side lot ]ine from 5 feet to 1 foat; pursuant to
Sectia�n 205.18. .,(4) ,(b) , of the Fridley City Code to rechioe the width of
the one- 'ving aisle fran 18 feet to 10 feet; pursuant to Section 205.18.05.A
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