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AF-V - 37088� `''- �9 * 6"755�5 . �.� STATE OF t�tINNESOTA APPEALS COMHISSION PROCEEDINGS CITY OF FRIDLEY In the Mdtter Of a Varianc �oear_ed nn r.� ¢„ Rrinrk �� Vallev View NLanor. the �Ym,-� h�n,�, hRR� Chan�l Rnarl �T F YARIANCE -�- � - --- •::_I __�.■'---�'=—' -- ' The above entitled matter came before the Appeals Commission of the City of Fridley and was heard on on the 23rd day of A�ril , 19 85 , on a petition for a variance pursuant to t e �ty of Frid ey s oning r inance�or the following described property: To reduce the side yard setback on a carner lot from 25 feet to 20 feet to allow the construction of a 22 foot by 24 foot detached garage on Lot 4, B1ock 1, Valley View Manor, the same being 6880 Channel Road N.E. IT IS ORDERED that a variance be granted as upon the following conditions or reasons: See City Council minutes of Apri1 23, 1985. STATE OF MINNESOTA cour�Tr oF aNO� CITY OF FRIDLEY � ) ss. ) OFFICE OF THE CITY CLERK I, Sidney C. Inman, City Clerk for the City of Friley 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 �ecord thereof preserved in my office, and hve found the same to be a correct and true transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed rt�y hand at the City of Fridley, Minnesota, in the County of Anoka on the ,�� day of , 19�5 DRAFTED BY: �,.-, City of Fridley � -- , 6431 University Avenue N.E. �'L �� ° Fridley. MN 55432 SIDNEY . INt N, C TY C�� '� "� Variances are valid for a period of one year following approval and s�i�ll be �• considered void if not used within that period. �� - , `. (SEAZ) . . . . ^�.. „ . CITY OF FRIDLEY APPEALS CQMMISSION MEETING, APRIL 23. 1985 CALL TO ORDER: Chairperson Gabel called the April 23, 1985. Appeals Carmission meeting to order at 7:33 p.m. ROLL CALL: Members Present: Pat Gabel, Alex Barna. Donald Betzold Meribers Absent: Jean Gerou, Jim Plemel Otl�ers Present: Darrel Clark, City of Fridley George and Karen Maas. 6880 Channel Rd. N.E. David Byrne, 6020 4th St. N.E. John and Marshea Swingdorf, 90 Rice Creek Wav Rhnda M. Sprang, 4600 W. 77th St., Mpls. 55435 Robert and Marilyn Anderson� 6800 Oakley St. N.E. CF�arles Westling, 8403 Mississippi Blvd., Coon Rapids AppROVAL OF'APRIL 9, 1985, APPEALS COMMISSION MINUTES: IHOTION BY MR. BET20LD, SECONDED BY IyR. BARNA, TO APPROVE THE APRSL 9� 1985, APPEALS COMMISSION l�lZNUTES AS WRITTEN. UP�[B A WICE YOTE, ALL VOTIIVG AYE� CAAIRPERSON GABEL DECLARED TAE MOTION CARRIED UNANIMOUSLY. �. :� Y#�RII4NCE RE�UEST PURSU�INT TO CHAP�ER 205 OF-THE FR�DLEY CITY C�DE T� REDUCE � `�s �� , `� . 7"T��€'€T -�i ALZ�iA' TR�-��t rRRU SET�cr� or� � GORNER L0�' � �1 �F'€€T T�T --C �S OF , . � , •\• � _ _ V T f e� • r. n i.f75'RC'�T�7C � R t Z � �_ _ .� � � _ � , DC11W QOUV lrrlHi#fYCL -R�il'ttl IY:—C. "(?C� oa_-- .__., Fri eyt__ n, _ t -32 PlOTION BY 1►IR. BET20LD, SECONDED BY MR. BARNA, TO OPEN TNE PUBLIC XEARING. UPON A VOICE VOTE, ALL VOTING AYE, CXAZRPERSON GABEL DECLARED THE Pi1BLIC NEARING OPEN AT 7:34 P.M. Chairperson Gabel read the Administrative Staff Report: ADMINISTRATIVE STAFF REPORT 6880 Channel Road N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.07.3D.2c.1 requfres the side yard setback on a street side of a corner lot shall be not less than seventeen and one-half (17.5) feet. � .. �:, , , APPEALS COMMISSIOW MEETING,�APRIL 23, 1985 ��'� �� PAGE 2 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. B. STATED HARDSHIP: "Have garage even with house on side street for privacy, looks, and noise. The boulevard is 17 feet wide trith two utility poles on it. There is no sidewalk proposed. My property joins two commercial properties, 6876 Channel ROad and 6881 Highway �65, both of which have had variances to go closer to the property lines." C. ADMINISTRATIVE STAFf ��I�W: �� nly �i�:�g-�e_Sia�f=�o�+T.��k_��e_B�ard`to consider is that the garage be pl aced 20 feet off the street r� gfit �� way so as to provide s�a��e #o rra�l� _ a v�hicl� in frront of the garage door witi�aut errcroaching into the street r�qi�t-�f-rray. - Mr. Clark stated Mr. Maas has star°ted preRaring the ground for the construction of the garage, but he has prepared it in sucfi a way that tfie garaqe can be moved north or south, wFiatever dimensions are approved by tf�e App�al s Cor�ni ssi on at this meeting. If Mr. Nlaas is granted a 17z ft. side yard setback, the garage will be in line with the Ewuse. If he is granted a 20 ft. side yard setback, the garage will be 2� ft. to the nortF� of ti�e location of the house. Mr. Maas stated the garage would look much nicer at 172 ft, as it would look like the garage was planned with the house, not as an afterthought. He stated that cars are getting smaller today than they used to be. He has one older car that is 19 ft, long which would probably stay in the garage. He owns two smaller cars tFw t measure only 15� ft.long. Since the idea was to keep the cars off the boulevard. the small cars would 6e off tfie boulevard. Mr. Maas stated the neighbor across the street at 6878 Channel Rd, has a variance which was ��t ��oser ts the property line than what he was requesting. The boulevard was 17; �t. wide and the driveway was 34 ft. long. Even if a sidewalk was planned on the boulevard, there would not be a car parked that close to it. Mr. Maas stated noise was another factor. When he moved in 20 years ago, Highway 65 did not have much traffic. Today the nofse from the traffic was bad and was getting worse. Tfiis garage would cut down a lot on the noise and the security lights from the motel. Mr. Barna stated he had trouble with the stated hardship. The Corr�nission needs a justifiable reason why the petitioner has to have a garage at 17z ft. rather than 20 ft. Mr. Maas stated he did not have �ch back yard now. The further they move the garage back, the c��er i� will �� o th� n�eighbors. Also, he has planned a 10 ft.patio with a r�mf beyor�d the garage. ,� :. � � - APPEALS COMMISSION NIEETING, APRIL 23, 1985� " � � PAGE 3 Mr. Betzold stated he was concerned about safety--the line of sight for cars coming around the corner. Mr. Maas had stated that cars were getting smaller, but he was not so sure about that. Mr. Betzold stated he has seen pick-uo trucks and boats parked in driveways. The purpose of the 20 ft. is to nave things away so cars coming around the corner can see the oncoming traffic. Mr. Maas stated he did not see the problem. The boulevard was 17� ft. which was room enough for a vehicle right there. There was no obstruction, other than the telephone pole, for traffic coming around the corner. The traffic does not travel too fast because tha street is only one half block 1ong. Mr. 6arna stated he had no problem with the line of sight and� aesthetica]ly, the garage would look better in line with the hause. His prabi�em was still witi� the hardship as stated. Ms. Gabel stated that legally for the Appeals Comnission to grant a variance the petitioner needs to demonstrate a hardship. If the lay of the land or the amount of land, or something like that. causes a unique hardship. then the hardship is demonstrated. The desire or wish to do something was different from a hardship. Mr. Maas stated the noise from the highway was tremendous and was gettinq worse The only way he can stop some of that noise was to put up a buildinq and a fence. His bedroom window was on the south. and there was a lot of traffic noise. especially in the sunmertime and on weekends. Mr. Barna suggested that the hardship could be that because the bedroom window is 4 ft, from the forward edge of the southerly end of the house, having the garage at 17� ft. would shield the sounds from Highway 65 better than it would if the garage was placed at 20 ft. MOTION BY PIR. BARNA, SECONDED BY XR. BETZOLD� TO CLOSE THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CXAIRPERSON GABEL DECLARED THE PUBLIC HEARING CLOSED AT 7:50 P.�. Mr. Barna stated he would have no problem with the garage. beinq lined up with the side of the house. If the garage was moved 2; ft. back as suggested by Staff, it has been demonstrated that it would create a hardship as far as the master bedroom wa� concerned. There would still be 34 ft, fror� the front of the garage to the c�rb, �nd he �n��w there �ae�°� a lot of side yards with 2-3 ft. boulevards that were only 18-19 ft. from the curb. He would be in favor of granting the variance. Mr. Betzold stated he was not in favor of granting the variance. He stated the hardship was entirely manufactured by the Conenission. Finding the hardship was not the role of the Commission. The Appeals Commission has a resoonsibilit,y, and he did not see the hardship. — .� a APPEALS COMMISSION MEETiNG, APRiL 23.�1985�� pAr,E 4 r Ms. Gabel stated she, too, was not very clear on the hardship. She suspected the hardship initial]y was that the petitioner needed a garage; however, the placement of the garage was somewhat in question. She did not have a specific pro6l�n with the garage being lined up witFi tf�e fiouse as it might be desirable in tern�s of the neigh6orhood, and sFie certainly thought the boulevard was big enough_to sustain that. She could understand the need for the garaqe, Her concern was she did not think the hardship was clear enough for her to vote in favor of the variance. Mr, Barna stated the Cortmission has helped find hardships for many people over the years, and whether they created the hardships or verbalized the hardships �,ras im,naterial. He could visualize the hardship in this case as the nlacement of the bedroom window. He stated some peopie hav� not had the lcie�d cf �xperience the Appeals Conrnission has had in being able to verbalize their hardships. Mr. Betzold stated he disagreed. He stated petitioners come to the hearings pretty regularly knowing exactly what the circumstances are and why they wanted something, and the Comnission has never had to stretch this far. Ms. Gabel asked Mr. Clark that if this variance was denied, could the petitioner go the full 25 ft. back without needing a variance? Mr. Clark stated that at 20 ft., there would still be 26 ft. between the patio and the north property line, but it would put the garage right in the middle of the back yard. Mr. Betzold stated he would still feel more comfortable going along with the City's recomnendation o� 20 ft, rather than 17� ft. The city does want a little more distance between the street and the garage if possible, and he did not think 20 ft. was that much more. MOTIQ'V BY MR� R�VA 410 APFROVE THE VRRIRWCE REQUEST AS REpfiESTEl). l�JOTIa1V DIED FOR LACK OF A SECOND. 1NOT20N--$Y MR: B£TZO%ff, S£CONDE� BY -MR. BA�tNA-, -TO �PRD�E TH£ -VARZANCE REQUEST �PURSURtJT TO CHAPTER 20'S OF Tfl£ -fRI��:EY-CITY COD£ 3'O 3tE�UCE THE Sii�f, Y�RD SETBACK CW A�ORIVER LOT FR�1 25 iE£T TO 20 F£E3' TO A�I,OW T�'i£ f-01VS?'RIIGTZON OF -A 22 FT. -- - - - 9Y 2Q.FT. UETACHED GA1�AG� 6IV LQT 4, BLQC% 1, VALLEY VZEW lIANOR, .THE SRRME' BEIiVG _6_880 Z.'AANAEL ROAD A. E. UPON A VOICE VOTE� ALi VOTING AYE, CXAIRPERSON GABEb DECLARED THE 1HOTION CARRIED UNANINOUSLY. 2. �1(ABIANCE REqUEST PURSUANT TO CHAPTER 205�OF THE��CODE TO ALLOId � . NG .. eques y avi , yrne, ree .E., . � � � �. ,\ � �� 3 `� - -� g�o�� o �-; cc .... � m x c°� ��.�°o � ��_ � 3 m _ � +�a°: � m ° �a • � ,� a c� � �`�r � a c a�°to � �io �c'� to � � � � � 4 D f�p � Z e�j C ��o�o� � _. -*+ ° � rn F• � � n � fD y a .� 0 I C� � Z d � C � a a a � `_ , � �� CJl � p�'�f� c �� y�_ y� — �- s� . • CITY OF Pt�i�LEY. SU9JECT �643'1 UNIVE1iSITY AVE. N�. � FiIIDLCl/� MN. 85432 [B'f21 571-34�0 � VARIANCES �� - v U (d . � ADDRESS �� G� � L " 1� � � DATE `�` °- �— �� APPEALS COt4MISSION: APPROYED� DISAPPROVED ____ DATE �;3,�� NO.�_ CITY COUNCIL REYIEW: REQUIRED: rYES CITY COUNCIL: APPROVED DISAPPROVED DATE N0. STIPULATIONS:. /'s �j ��'� .. l� � . ��o /7 � � � " . . • .... ... . . .... .. . . . ... . ...... .... ..... �E �'t�,�� , ,Jt/��.��" FEE LO � RECEIPT No. J� /-S/ ' . LO_ T N0. BLOCK N0. TRACT OR ADDITION . . LEGAL QESCRIPTION: � � � / �� J��• �� YARIANCE•REQUEST(S): (Attach plat or survey of property showing building, variances, �� etc., where applicable) � l�R��1 � �s.�T ��1-�� `T� J7t� ��'��}�?�� G�e/��1�� e°T � y � a�/ �.7"`.r� �'� � . Section(s) of the City Code: � � List specific hardship(sj which requires the.variance(s): `�� . � ° r i�� a�' ��'�J�, �/�� 1�� j ��z� c�? ,� ��' ,�� t��Z�'2� .�� c /`� 'tr • a .� �� '� � �� _/J OATE � �-=�� .`� S I GNAT� ADDRESS � � �Q ��'s�� ja . .,, r�aarc�s • FOR C1TY USE ONLY . a Baard �aembers notified of �oeeting by 4�'�� 85 • . List Qea��•r�� date notified. and •Yes` or •fb' tor Plans to atten hea�in�. ' ' • Plan abel � • • � � ' 7o Attend . Barna . Plemel :� � . - , � Betzold • Gerou � ?� � Perso� rbking appeal and the follouing proPerty o�vners having property within 200 feet = notified: � . �1 M/I� Raymond- Stewart 68��Channel Road I�. E. _ T _ � Mr. & M'rs. Tddd fiessmer 6890 Channel Road N. E. c . -. fAr. & Mrs. Herman Dehn 6'886 Channel Road N. E. . • Mr. & Mrs. George Maas .6880 Channel Road N. E. 8unliner Motel� Doresses R. Bon� 6881 Highway #6�' Mr. & Mrs. Lyle Quam 6895 Channel Road N.E. Mr. & Mrs. Wi 1�1 i am Wharton 6887 Channel Road (V. E. Mr. & Mrs Harry Asplund 6881 Channel Road N.E. M/M Char�les Kline 6889 Channel Road N.E. —•- l�uburban Engineering Car.olyn Minder 6875 Highway .....�....�._.__......._. — Ms. Joan Ridgley 6876 Channel Road N.E. .--------___... M/M 6rian Porter 6870 Channel Road N.E. _._.�____.___ Date Phone or M.ail 4/ 12 -� �� . 8y WFom Noti fied _ ...� � . i �. � .. w�. 1 :a. . �/3S: '-- 1 - "'. i'f I 7l 7i�; � / 7 � � --{'-�-- I ,• I , � � � ..� (300) � � �i�) �. � �� ✓t i � ,�" �1 Q 1 C A � Qv1lO} / . I � � (j.SB� � ,v�Y'pe4oir I : � ,� �s' p. �8� . �'s L�',-�r% �f ir;s/i� .r�� /se ie , � — r � J �� P...1� �..P.,�f.J � f 10° • , 106� �yo : I ~ � O O I� ��A` " � � �f8�+ � �/ 70) — P6F j�=F r� ,2, ' a� bg99 eN � _ , ; °�(i�� ,' ,� � i .. ... 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Y o�a�c��tn. � bb6 ; i�� # �; a � i �� a ;, - - �� ! � y �05+ t�►b1 ` � 6G70-�� -- - - - -- � µ;,. ;a ; ��c � :.;' �, �,.,; • - �,.rs• i � � �°64S �26+� �. .. r " ...- s � � <r�'� � A : k {aolv) �:a�;;'gT,�'! AV. N£ j : � � — � «.� bb4 0 ovo�a��<.T °� � � s:, � �r --- o � � (i6 � --- �� L'�---- y� � � • � � 4 � � � 66� 1� (a�p , a . . � 6 �' �� iU��> 0 _ 3 '� � � r+.� � `� — � _ �.�ab � _"'�� ---. - - _ � A� _ CITY OF FRIDLEY, COMMISSION APPLICATION MINNESOTA REVIEW � N�new e� oa• A�ra►ed ey Plannin 21 COMPLETE AEVIEW CMEGKLIST AETIJAN TO PLANNINO ' • Q JIM PHIL �I� Darrel Mark C�VCI@ , ��John � Leon 3-y-� ; 0 a�� No. wooncss �ariance 6880 Channel Road. Setback from 30' to 17,5' to allow � s�,�,� °� �� ,,��,��.,�, �,.s.,� — �t � �� .,�'�-..�..�-� �, ��, . � MENT6 �ILt OATE 4/2/85 ous owTs �� B �� aN4 oc�..,L s��., �,N�� mA+�r I� Item #1, April 23, 1985 ADMIIIISTRATIYE STAFF RSPORT 6880 Channel aoad N.E. A. PQBLIC PQRPOSE SERYBD BY RSQQIREMENT: 3ection 205.07•3D•2c.1, requires the side yard setbaek on a street side oP a corner lot shall be not less than seventeen and one-halP (17.5i Peet. Public purpose serwed by this requirement is to maintain a higher degree oP traffic visibilitq and to reduae the "line of sight" eneroachment into the neighbor�s Pront yard. B. STATED H6RD3HIP: "Have garage even with house on side atreet for privaey, looks and noise. The boulevard is 17 feet Wide t�ith tWO utility poles on it. There is no sideWalk proposed. �Iy propertq joins two commercial properties, 687'6 Channel Road and 6881 8ighway #65, both of vhich have had variances to go closer to the property lines." C. ADI�ISTRATI9E STAFF REVIBfi: The onlq thing the stafP would ask the Board to consider is that the garage be placed 20 feet off the street right oP way so as to provide space to park a vehicle in front oP the garage door Without enorosehing into the street right of vay. � _ CITYOF Fit[DLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E., FRIDLEY, MINNESOTA 55432 • PHONE (812) 571•3450 NOTICE OF PUBLIC HEARING Notice is hereby given that the Appeals Commission of the City of Fridley will conduct a Public Hearing in the City Council Chambers at 6431 University Avenue Northeast at 7:30 p.m. on Tuesday, April 23, . 1gg5 in regard to the following matter: Consideration of a variance request pursuant to Chapter 205 of the Fridley City Code, to reduce the side yard setback on a corner lot from 25 feet to 17 1/2 Feet, to allow the construction of a 22�ft. by 24 ft. detached garage on Lot 4, Block 1, Valley View Manor, the same being 6880 Channel Road N.E. Notice is hereby given that all persons having an interest therein will be given the opportunity to be heard at the above time and place. PATRICIA GABEL CHAIRWOMAN APPEALS COMMISSION Note: The Appeals Commission will have the final action on this request, unless there are objections from surrounding neigh6ors, the City Staff, or the petitioner does not agree with the Comnission's decision. If any of these events occur, the request will continue to the City Council through the Planning Commission with only a recorrmendation from the Appeals Commission. �x � � � �� ; , - :e. -�� ,. ..�, x._ . ,a.�..�,... „ ' - . ,�. � ,. . . , u. , ` ,.-.s. �. . . �' . , , ,� .: � P a -.. a �� . = � s,� :�� . � � � � �:.. �� ns . � �,. .. � .: � � �� .. � e . � � � �� s�.. 2 � �. �` � � - �� ,". �r` 3�, � ,� , °� a, �� ` °� .. �r �. � � �� ;�' � � �� ...-�- � ,� � . - n� '�`^% .� ? ,�-�f `�**�,s � � �" , "�#•'��t. "w`a � , , "S",r. w- e . �. " �� '" �r � f � 6 � ,� � � �,:�"M � ,�r ° I�' � "� �� r� � � � f�, �'; � : $ � � � ,. �Y,� ; ¢„ �' �;^ r , ° � {� x' � �''�r � t,�� X � �_ . , ��3� � � _� ^�. ,�. _ ; �:. � � � � � "� J' � � s �� `� `� �.�, .:- �;�� ?: �`:' "� ��. ` :� �`�.� � �. ;'� �> ��"3�