VAR93-04M� STATE OF MINNESOTA ) � APPET � CO1rIIrII88IOM PROCEEDINGS
COUNTY OF ANOKA ) ������� VARIANCE
CITY OF FRIDLEY )
In the Matter of: a variance, VAR 4�93-04
Owner: Steven and Lynn Mokita
The above entitled matter came before the Appeals Commission of the City of
Fridley and was heard on the 4th day of May , 19 93 , on
a petition for a variance pursuant to the City of Fridley's Zoning Ordinance,
for the following described property:
To reduce the side yard setback from 17.5 feet to 15 feet to allow the expansion of
an existing garage on Lot 1, Block 4, Rice Creek Estates, the same being 6190
Benjamin Street N.E.
IT IS ORDERED that a variance be granted as upon the following conditions or
reasons:
Approval with no stipulations. See Appeals Commission minutes of May 4, a993.
STATE OF MINNESOTA )
COUNTY OF ANOKA )
CITY OF FRIDLEY )
OFFICE OF THE CITY CLERK
I, William A. Champa, City Clerk for the City of Fridley, with and in for
said City of Fridley, do hereby certify that I 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 WHEREOF, I have hereunto subscribed my hand at the City of
Fridley, Minnesota, in the County of Anoka on the ,�/�°T day of
�i�lLj� , 19�.
DRAFTED BY:
City of Fridley
6431 University Avenue N.E. -°� �''j^ _`
Fridley, NIl�T 55432 ,, '�y� �, ��_S
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_�; _ _
William A. Champa, Cit Clerk.;-� _
_ (SEAL)
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Variances are valid for a period of one year following approval and sha]:1 me�
considered void if not used within that period.
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CITY OF FRIDLEY
APPEALS COMMISSION MEETING� Nlay-a�4, 1993
CALL TO ORDER•
Chairperson Savage called the May 4, 1993, mee ng to order at 8:00
P.M. �
ROLL CALL�
Members Present: Diane Savage, en Vos, Cathy Smith,
Carol Beauli
Members Absent: Larry Ru�hle
Others Present: Mic�e McPherson, Planning Assistant
St en Mokita, 6190 Benjamin Street N.E.
a Mitchell, 4765 Main Street N.E.
Carol Bazevage, 4740 - 2nd Street N.E.
����� MOTION�� Dr. Vos, seconded by Ms: Beaulieu, to approve the April
6, 19 , Appeals Commission minutes as written.
A VOICS VOTE, ALL VOTING AYE, CHAIRPERSON SAPAGE DECLARED THE
IN CARRIED IINA�TIMOIISLY.
1. CONSIDERATION OF VARIANCE REQUEST. VAR #93-04. BY STEVEN
MORITA:
Per Section 205.07.03.D. (2) .(c) .((1) ) of the Fridley Zoni�ng
Code, to reduce the side yard setback from 17.5 feet to 15
feet to allow the expansion of an existing garage on Lot 1,
Block 4, Rice Creek Estates, the same being 6190 Benjamin
Street N.E:
MOTION by Ms. Smith, seconded by Dr. Vos, to open the public
hearing.
IIPON A VOICE VOTE, ALL VOTING AYE� CSAIRPERSON SAVAGE DECLARED THE
,. MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 8:02 P.M.
Ms. McPherson stated the property is located at the intersection
of Benjamin Street and Briardale Road. The property is zoned R-1,
Single Family Dwelling, as are all surrounding parcels. The
petitioner is proposing to construct a 12 ft. by 24 ft. expansion
to the rear of the existing garage.
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APPEALS COMMISSION MEETINa, MAY 4. 1993 PAGE 2 \
Ms. McPherson stated the petitioner is requestinq a side corner
variance from 17.5 feet to 15 feet. The existing dwellinq is set
back 42 feet from the front property line. The 42 foot setback
is 7 feet greater than the required 35 feet. Had the dwelling been
set back at the normal 35 feet, the variance would not be needed.
Ms. McPherson stated that granting the variance would not adversely
impact traffic sight lines at the corner of Benjamin Street and
Briardale Road nor would it impact the property to the west as the
property to the west is on the reverse part of the S-curve for
Briardale Road and is set back quite a distance from the subject
parcel. �
Ms. McPherson stated staff has no recommendation for this variance
request.
Dr. Vos asked the percentage of lot coverage.
Ms. McPherson stated that with the addition to the accessory
structure, the total lot coverage will be approximately 24 1/20.
That percentage includes the swimming pool; however, staff has not
yet made a determination whether pools should be considered as part
of the overall lot coverage.
NIr. Mokita stated that this is an above . ground pool that can be '��
drained, taken apart, and removed at any time. He did not believe
it should not be included as part of the lot coverage.
Dr. Vos asked Mr. Mokita about his hardship.
Mr. Mokita stated he needs more storage for collector cars. He
would prefer to put the money into improving the value of his
property than to pay for storage for his cars. Another problem is
the odd shape of his lot and the large front yard setback.
Ms, McPherson stated she would estimate that the remaining houses
directly south of the petitioner' s on Benj amin Street are at the
35 foot setback.
MOTION by Ms. Smith, seconded by Dr. Vos, to close the public
hearing.
IIPON A VOICE VOTE, ALL VOTING AYE� CHAIRPERSON SAVAGE DECLARED T8E
MOTION CARRIED AND THE PIIBLIC HEARING CLOSED AT 8510 P.M.
Ms. Smith stated this is only a 2 1/2 foot variance, and it is not
going to encroach into any sight lines. If Briardale Road did not
curve, a variance would not be needed. She stated she would vote
to approve the variance.
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APPEALS COMMISSION MEETING. MAY 4. 1993 PAt3L 3
Ms. Savage stated she agreed. Granting the variance is not going
to adversely affect the area, and it is in conformance with the
public purpose. She would also vote to approve the variance.
Ms. Beaulieu stated that if the house had been positioned
differently, there would be no need for a variance. So, there is
a hardship because of that.
Dr. Vos stated he believed there are three hardships: (1) the
curve of Briardale Road; (2� the house was built 13 1/2 feet from
the south lot line instead of 10 feet; and (3) the 42 foot front
yard setback. He stated these three situations really forced the
house back onto that curvature. He stated he would vote to approve
the variance.
MOTION by Dr. Vos, seconded by Ms. Smith, to approve variance
request, VAR �93-04, by Steven Mdkita, per Section
205.07.03.D.(2}.(c).((1)) of the Fridley Zoning Code, to reduce
the side yard setback from 17.5 feet to 15 feet to allow the
expansion of an existing garage on Lot 1, Block 4, Rice Creek
Estates, the same being 6190 Benjamin Street N.E.
IIPON A VOICE VOTE� ALL VOTING AYS� CBAIRPLRSON BAVAGE DECLARED TBE.
MOTION CARRIED ��N�NIMOII3LY.
2. CONSIDERATION OF VARIANCE REOUEST, VAR #93-05. BY,='EVA
MITCHELL: .."
Per Section 205.07.O1.B.(4).(a) of the Fridley Zoning Code,
to allow the construction of a first accessory str-ucture which
exceeds 100% of the first floor area of th�= dwelling unit
(1,000 sq. ft. versus 754 sq. ft.) on Lots,:�27 and 28, Block
5, Plymouth Addition, tlie same being 4765'Main Street N.E.
MOTION by Ms. Smith, seconded by Ms. Beaulieu, to open the public
hearing. ���
IIPON A VOICL VOTEo ALL VOTING AYE,�LSA:
MOTIOW CARRIED AND THE PIIBLIC�E��iRING
�
Ms . McPherson stated the p,�'operty is
Avenue on Main Street. �he property
Dwelling, as are the p�dperties to the
property across Mai:�r Street to the
Industrial.
F r
:RPERSON BAVAGE DECLARED THE
OPEN AT 8 s 13 P,. M.
located.just south of 48th
is zoned R-1, Single Family
north, east and south. The
west is zoned M-2, Iieavy
Ms. McPherson stated that located on the property is a single
family dwei ng unit and a detached single car garage. The
petitione has stated that the existing garage will be rentoved
prior t construction of the proposed accessory structure.
Ms. cPherson stated that, originally, the petitioner requested a
b lding permit to construct a 32 ft. by 32 ft. (l, 024 sq. ft. )
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APPEALS COMMI88ION MEETIIJG MAY 4 1993 PAGL 4 '�.
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detached accessory structure to be located in the northeast corner
of the property. The maximum floor area of any detached accessory
structure is limited to 1,000 sq. ft. as required in Section
205.07.O1.B.(4j of the Zoning Code. The dwelli.ng unit is 754
square feet.
Ms. McPherson stated the petitioner would like to construct a
three-car garage to store three vehicles and constrt,t�ction drywall
equipment. Staff has proposed that the petitioner ¢ould construct
a 24 ft. by 32 ft. (768 sq. ft.j garage which �ould permit the
parking of three vehicles with some additionayl storage space.
While a variance would still be necessary to c6nstruct a 768 sq.
ft. structure, it would be closer to the maxim,xim square footage of
the dwelling unit. The request as propose�d does not adversely
affect the lot coverage. ;
s
Ms. McPherson stated the petitioner has ndicated a need to store
construction drywall equipment. If th�petitioner is conducting
a home occupation, the ordinance cl�arly states that the home
occupation needs to occur in the elling unit and not in any
accessory structure. If the City w s to grant a variance to allow
the construction of an accessory structure to be used to store
stock in trade of a home occup ion, this would violate Section
205.03.34 of the Zoning Code. �
Ms. McPherson stated staff eviewed the ad'acent �
� properties to
determine if there were o r instances where the garage exceeded
the first floor area of e dwelling unit. The garage at 4748 -
2nd Street was granted a uilding permit in 1980 to be larger than
the first floor area o the house. In 2989, a permit was issued
to increase the size the dwelling unit, and the dwelling unit
is now larger than e garage. There is no indication in the
address file of why e permit for the garage was issued when it
exceeded the firs floor area of the dwellinq unit or why a
variance was not ocessed. .
�Ms. McPherson s ated staff recommends that the Appeals Commission
recommend den'al of the variance request �as proposed. The
petitioner wo ld have adequate room to store three vehicles in a
24 ft. by 3 ft. garage which would require a variance from 754
sg. ft. to 68 sq. ft. because it would still be greater than the
first flo area of the dweiling unit. If the Commission chooses
to appro e the variance request as originally proposed by the
petitio er for a garage of 1,000 sq. ft., staff reco�nends the
follow'ng stipulation: � � " �
1. The existing aacessory structure shall be demolished
prior to the issuance of a building permit for the new
accessory structure.
,t5r. Vas asked if the petitior�er could attach and expand the single ,�
car garage.
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CfiYOF
FRIDLEY
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FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 •(612) 571-3450 • FAX (612) 571-1287
APPEALS COMMISSION
ACTION TAKEN NOTICE
May 6, 1993
Steven Mokita
6190 Benjamin Street N.E.
Fridley, MN 55432
Dear Mr. Mokita:
On May 4, 1993, the Fridley Appeals Commission officially approved
your request for a variance, VAR #93-04, to reduce the side corner
setback on a corner lot from 17 1/2 feet to 15 feet to allow the
expansion of an existing garage on Lots 1, Block 4, Rice Creek
Estates, the same being 6190 Benjamin Street N.E.
Please sign the Action Taken Letter below and submit one copy to
the Planning Department by May 18, 1993.
You have one year from the date of the Appeals Commission action
to initiate construction. If you cannot begin construction in
time, you must submit a letter requesting an extension at least
three (3) weeks prior to the e�iration date.
If you have any questions regarding the above action or the need
for an extension, please call the Planning Department at 571-3450.
Sincerely,
�.
c,C�1,,�.�vY
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Michele McPherson
Planning Assistant
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_ � C�MIVIISSI4N APPL1CAi'ION RE�/IEVI/
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F�� Nu�e� FILE DATE nneE�-riNG oa� FILE DESCRIPTION VAR #93-04
C�TiQF 14 4/16/93 5/4/93 6190 Benjamin Street N.E.
FRIDLEY I Side ard setback
COMPLETE REVIEW CHECKLIST AND RETURN TO PLANNING D,EPT.
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MICHELE M.
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SCOTT E.
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CLYDE W.
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REQUEST
Permit Number
Applicant
Proposed
Request
Location
SITE DATA
Size
Density
Present Zoning
Present Land Use(s)
Adjacent
Zoning
Adjacent Land Use(s)
Utilities
Park Decfication !
Watershed District
ANALYSIS
Financial I mplications
Conformance to the
Comprehensive Plan
Compatibility with Adjacent
Zoning and Uses
Environmental
Considerations
I RECONIl��NDATION I
Staff
Appeals Comm�ssion
Planninq Commission
Author �,;y�
STAFF REPORT
Community Development Department
Appeals Commission Date �.y 4, 1993
Planning Commission Date
City Council Date
VAR #93-04
St�ven M�kita
To reduoe the side corner setback � a wrner lot frcan
17.5 feet to 15 feet to allow a garage expansion
6190 Benjamin Street N.E.
9,148 sq. ft.
R-1, Single Family Dwelling
Residential
�l, Single Family Dwelling, ar�. all sides
ar.
Residential .
Rioe C�eek Watershed District
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Staff Report
VAR #93-04, 6190 Benjamin Street N.E., by Steven Mokita
Page 1
A. STATED HARDSHIP:
"I would like to add a 12 ft. by 24 ft. garage e�rtension with
a second floor storage area. Due to the 42 ft. front setback
and odd shape of the lot, I need a variance before starting.
I need this additional garage storage because of the small
tuck-under garage and I wish to avoid paying winter storage.
Also, I want the additional second floor storage for possible
family additions. Thank you."
B. ADMINISTRATIVE STAFF REVIEW:
Request
The petitioner requests that a variance be granted to reduce
the side corner setback on a corner lot from 17 1/2 feet to
15 feet to allow the construction of a 12 ft. by 24 ft. garage
expansion. The request is for Lot 1, Block 4, Rice Creek
Estates, generally located at 6190 Benjamin Street N.E.
Site
Located on the property is a single family dwelling unit with
an attached tuck-under, two-car garage. There is a pool
located in the rear yard. The pool will not be adversely
impacted by the proposed addition. The property is zoned R-
l, Single Family Dwelling, as are all surrounding parcels.
Analysis
Section 205.07.03.D.(2).(c).((1)) requires that the side yard
setback on the street side of a corner lot shall not be less
than 17 1/2 feet.
Public purpose served by this requirement is to maintain a
higher degree of traffic visibility and to reduce the "line
of sight" encroachment into the neighbor's front yard.
THe petitioner proposes to add a 12 ft. by 24 ft. two-story
addition to the rear of the tuck-under garage. The upper
level of the garage expansion will be used for additional
storage or for living space in the future. The property is
uniquely shaped as Briardale Road to the north curves in an
east/west direction. In addition, the dwelling unit is set
back 42 feet from Benjamin Street instead of the minimum
required 35 feet. If the house was placed at the normal
setback, an additional seven feet would be gained, and the
variance would not be necessary.
Granting the variance will not adversely impact the adjacent
property as the property to the west is located on the reverse
part of the curve of Briardale Road. Traffic sight lines
along the property will be maintained.
�``� �'1
SITE PLAN
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CITY OF FRIDLEY
6431 UNIVERSITY AVENLJE N.E.
FRIDLEY, MN 55432
'�'
(612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT
VARIANCE APPLICATION FORM
PROPERTY INFORMATION - site plan required for submittal; see attached
Address: _ � �,`7� ,J�j ��; �..,� r� � �I �• r°� 1 OLe� YYd fW � � ,.S'��5�3�
Property Identification Number (PIN)
Legal description:
Lot j Block � Tract/Addition /%�e CQ��K �¢i¢�',�-�
Current zoning: Square footage/acreage —��� i��
Reason for variance and hardship: �-�"/`/¢e � CO�I.
Section of City Code:
Have you opera.ted a business in a city which required a business license?
Yes No � If yes, which ciry?
If yes, what type of business?
Was that license ever denied or revoked? Yes No
„�.u..� � � ..7....�.
FEE OWNER INFORMATION (as it appears on the property title)
(Contract Purchasers: Fee Owners must sign this form prior to processing)
NAME C �1�►J � �
ADDRESS �A I �d � �2.r,sti,A-�nn r�J � /t��
SIGNATURE
�ETITIONER IN ORMATION
YTIlVIE PHONE i��m %-�'�
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Fee: $lOD.00 , $ 60.00
Permit VAR #� � � "
Applica.tion received by: �
Scheduled Appeals Commission da.te:
Scheduled City Council date:
DATE �� 6 ^
for residential properties
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PIIBLIC HEARING
BEFORE THE
APPEALS COMMI88ION
�
Notice is hereby given that the Appeals Commission of the City of
Fridley will conduct a Public Hearing at the Fridley Municipal
Center at 6431 University Avenue N.E. on Tuesday, May 4, 1993, at
7:30 p.m. for the purpose of:
Consideration of variance request, VAR #93-04,
by Steven Mokita:
Per Section 205.07.03.D.(2).(c).((1)) of the
Fridley Zoning Code, to reduce the side yard
setback from 17.5 feet to 15 feet to allow the
expansion of an existing garage on Lot l, Block
4, Rice Creek Estates, the same being 6190
Benjamin Street N.E., Fridley, Minnesota,
55432.
Any and all persons desiring to be heard shall be given the
opportunity at the above stated time and place.
DIANE SAVAGE
CHAIRPERSON
APPEALS COMMISSION
Any questions related to this item may be referred to the Fridley
Community Development Department, 571-3450.
Hearing impaired persons planning to attend who need an interpreter
or other persons with disabilities who require auxiliary aids
should contact Roberta Collins at 572-3500 no later than April 27,
1993.
VAR� #93-04 �
6190 Benjamin Street N.E.
St,even Mokita
6190 Henjamin Straet N.E.
Fridley, N�T 55432
Jercane Neelan
1578 "vJoodside Court
F'ridley, N�T 55432
Bruoe Himl.e
1588 Wooaside Court
Fridley, 1�T 55432
Michael Tranc�.eff
1589 Hriardale Roa.d
Fridley, MM[�TT 55432
Ri.chard Sealcer
1579 Briardale Raad
Fridley, NIl1T 55432
Stephen Va.richak
1558 Briardale Road
Fridley, N1L�TT 55432
Philip Hansen
1566 Briardale Road
Fridley, .MM[�TT 55432
Vipin Kwnar
6180 Benja�ai.n Street N.�.
Fridley, MN 55432
Ka.therine Divine
6170 B�jattnri Str�t N.E.
Fridley, N�T 55432
N�ILIDIG LIST
Jol�.n Simon
6160 Setijamin Street N.E.
Fridley, MN 55432
Micha�el Roac�
6211 Rice Creek Drive
r'ridley, NIl�T 55432
RTallaae S�
1612 Woodside Co�t
Fridley, M[�TT 55432
Donald Erc�nan
1602 Woodsi�,e Court
Frid].ey, N�T 55432
Gexald Grant
1603 Br.�arc7ale Road
Fridley, N�T 55432
Rcx�r Freitag
1616 Briardale R�a.d
Fridley, ML�T 55432
7�eodore Thei]i�an.
1540 Rioe Creek Road
Fridley, N.�T 55432
Iee Wraspir
6201 Rice Cr�k Drive
Fridley, MML�TT 55432
Cf�.�.'c�. cF God of Prophecy
6191 Rice CY.�eek. Drive
Fridley, NAV 55432
�,
Mailed: 4/23/93
Ronald Wisc�neqaski
1546 Briarda.le Rc�a.d
Fridley, N�T 55432
Nickolas Mav.rogenis
6170 Briardale Court
Fridley, N�T 55432
Ec�vard Sn�lenski
6180 Bxiarda.le (7ourt
Fridley, N�T 55432
Clifford 'I�,elen
1608 Briarc�ale R�a.d
Fridley, N�T 55432
Eugene C-saspaxr�
1604 Briardale Road
Fridley, N.�T 55432
Rodn�y Rant-�ker
6181 B�njamin St�reet N.E.
F�"idleyr MI�T 55432
Ja�tes Rodgers
6171 Benjamui Street N.E.
Fridley, N.�T 55432
Rce�.ald Bc�Yun
6161 Benjamin Street N.E.
Fridley, Ng�t 55432
Diane Savage
567 Ric:e Creek Terrace
Fridley, NN 55432
City Council
CitY Man�ger
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CITY OF FRIDLEY
r�
APPEALB COl�II88ION MEETIN(s�� 1993
CALL TO ORDER:
Chairperson Savage called the May 4, 1993, meetinq to order at 8:00
P.M.
ROLL CALL:
Members Present: Diane Savage, Ken Vos, Cathy Smith,
Carol Beaulieu
Members Absent: Larry Kuechle
Others Present: Michele McPherson, Planning Assistant
Steven Mokita, 6190 Benjamin Street N.E..
Eva Mitchell, 4765 Main Street N.E.
Carol Bazevage, 4740 - 2nd Street N.E.
APPROVAL OF APRIL 6, 1993, APPEALS COMMISSION MINUTES:
MOTION by Dr. Vos, seconded by Ms. Beaulieu, to approve the April
6, 1993, Appeals Commission minutes as written.
UPON A VOICE VOTE, ALL VOTING AYL, CHAIRPElt30N SAVAGE DECLAR�D THE
MOTION CARRITsD IINANIMOIIBLY.
----- -- - -- - --- --___ _ __ __
1. ___EOi�TSIDERP�TION OF VARIANCE REOUEST, VAR #93-04 , BY STEVEN
,, — _ _ -- - -
MOKITA • - ___ __
' ____
--- _ - -
Per Section 205,07.03.D.(2).(cj.{(1)) of the Fridley Zoning
Code, to reduce the side yard setback from 17.5 feet to 15
feet to allow the expansion of an existing .garage on Lot 1,
Block 4, Rice Creek Estates, the same being 6190 Benjamin
Street N.E:
MOTION by Ms. Smith, seconded by Dr. Vos, to open the public
hearing.
IIPON A VOICE VOTE, AL7� VOTINt3 AYE, CHAIRPERSON SAVAGE DECLARED TSE
MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 8s02 P.M.
Ms. McPherson stated the property is located at the intersection
of Benjamin Street and Briardale Road. The property is zoned R-1,
Single Famiiy Dwelling, as are all surrounding parcels. The
petitioner �.s proposing to construct a 12 ft. by 24 ft. expansion
to the rear of the existing garage.
� /"1
APPEALS CO1rII�IISBION MEETING. MAY 4. 1993 PAGE 2
Ms. McPherson stated the petitioner is requesting a side corner
variance from 17.5 feet to 15 feet. The existing dwelling is set
back 42 feet from the front property line. The 42 foot setback
is 7 feet greater than the required 35 feet. Had the dwelling been
set back at the normal 35 feet, the variance would not be needed.
Ms. McPherson stated that granting the variance would not adversely
impact traffic sight lines at the corner of Benjamin Street and
Briardale Road nor would it impact the property to the west as the
property to the west is on the reverse part of the S-curve for
Briardale Road and is set back quite a distance from the subject
parcel.
Ms. McPherson stated staff has no reaommendation for this variance
request.
Dr. Vos asked the percentage of lot coverage.
Ms. McPherson stated that with the addition to the accessory
structure, the total lot coverage will be approximately 24 1/2%.
That percentage includes the swimming pool; however, staff has not
yet made a determination whether pools should be considered as part
of the overall lot coverage.
Mr. Mokita stated that this is an above ground pool that can be
drained, taken apart, and removed at any time. He did not believe
it should not be included as part of the lot coverage.
Dr. Vos asked Mr. Mokita about his hardship.
Mr. Mokita stated he needs more storage for collector cars. He
would prefer to put the money into improving the value of his
property than to pay for storage for his cars. Another problem is
the odd shape of his lot and the large front yard setback.
Ms. McPherson stated she would estimate that the remaining houses
directly south of the petitioner's on Benjamin Street are at the
35 faot setback.
MOTION by Ms. Smith, seconded by Dr. Vos, to close the public
hearing.
IIPON A VOICE VOTE� ALL VOTIN(� AYE, CHAIRPEIt30N SAPAGB DECLARED THE
MOTION CARRIED AND THE PIIBLIC BEARING CLOSED AT 8:10 P.M.
Ms. Smith stated this is only a 2 1/2 foot variance, and it is not
going to encroach into any sight lines. If Briardale Road did not
curve, a varianae would not be needed. She stated she would vote
to approve the variance.
0
� �,
APPEALS COMMI88ION MEETINt3. MAY 4. 1993 _ 3
Ms. Savage stated she agreed. Granting the variance is not going
to adversely affect the area, and it is in conformance with the
public purpose. She wauld also vote to approve the variance.
Ms. Beaulieu stated that if the house had been positioned
differently, there would be no need for a variance. So, there is
a hardship because of that.
Dr. Vos stated he believed there are three hardships: (1) the
curve of Briardale Road; (2) the house was built 13 1/2 feet from
the south lot line instead of 10 feet; and (3) the 42 foot front
yard setback. He stated these three situations really forced the
house back onto that curvature. He stated he would vote to approve
the variance.
MOTION by Dr. Vos, seconded by Ms. Smith, to approve variance
request, VAR #93-04, by Steven Mokita, per Section
205.07.03.D.(2).(c).((1)) of the Fridley Zoning Code, to reduce
the side yard setback from 17.5 feet to 15 feet to allow the
expansion of an existing garage on Lot 1, Block 4, Rice Creek
Estates, the same being 6190 Benjamin Street N.E.
IIPON A 40ICE VOTE� ALL VOTING AYB� CHAIRPERSON SAVAGE DECLARED THE
MOTION CARRIED IINANIMOIISLY.
2. CONSIDERATION. OF VAR CE RE UEST VAK y3-u5 tsz �vc�
MITCHELL:
Per Section 205.07.01.B. 4).(a) of the Fridley Zoning Code,
to allow the construction f a first accessory structure which
exceeds 100% of the firs floor area of the dwelling unit
(1,000 sq. ft. versus 754 q. ft.) on Lots 27 and 28, Block
5, Plymouth Addition, the s e being 4765 Main Street N.E.
MOTION by Ms. Smith, seconded by M� Beaulieu, to open the public
hearing.
IIPON A VOICE VOTE, ALL VOTING AYE, C�RPERSON SADAGE DECLARED THE
MOTION CARRIED AND THE PIIBLIC HEARING OPEN 1�iT SS13 P,.M.
Ms. McPherson stated the property is cated just south of 48th
Avenue on Main Street. The property is zoned R-1, Single Family
Dwelling, as are the properties to the no h, east and south. The
property across Main Street to the we t is zaned M-2, Heavy
Industrial.
Ms. McPherson stated that located on the roperty is a single
family dwelling unit and a detached sing car garage. The
petitioner has stated that the existing ga ge will be remaved
prior to construction of the proposed accesso structure.
Ms. McPherson stated that, originally, the peti�oner requested a
building permit to construct a 32 ft. by 32 ft. (1,024 sq. ft.)