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VAR93-03� �, CITY OF FRIDLEY b431 UNIVERSITY AVENUE N.E. FRIDLEY, MN 55432 '� (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT V CE APPLICATION FORM PROPERTY INFORMATION - site plan required for submittal; see attached Address. �� (� � � ��` 6.l� � � �x+' � A e Property Identif'ication Number (PIN) Legal description: Lot // Block � TracdAddition ��'CS����S �'�rnrn� �' ��no�' ��ti�°h Current zoning: '�-1 Square foota.ge/acrea.ge � � �� � Reason for variance and hardship: ���� �� �� i 1a� �� i�-r �,� c�.r�l� /�� �u5�� � �c�C' �ri�i'r/��� Section of Cit� Code: Have you operated a business in a city which required a business license? Yes No �_ If yes, which ciry? If yes, what rype of business? _ Was that license ever denied or Yes No FEE OWNER INFORMATION (as it appears on the property title) (Contract Purchasers: Fee Owners must sign this form prior to processing) NAME i^lrosn�� � o�f ��° le ��, f% � 4��e� i�a ADDRESS �'�4� i�" Ieg �' r0 a�� ��, ��� ���G YTIME PHONE °7$ � — SIGNATURE�'��.� � �.���� DATE 3 �/ � °° 9� � � �� PETITIONER INFORMATION NAME i�iovn•�� � a '�-��'le�� /� .CK�:u;t � ADDRESS .�"�l�� � /�� u o e � ��o .� _� �P➢C, e SIGNATURE Fee: $100.00 . Permit VAR # �r� DATE .�°°/�°f� $ 60.00 _�, , for residential properiies _� , Receipt # �`�'� Applica.tion received by: 6M - �°i � Scheduled Appeals Commission date: Scheduled City Council date: H � M � � M C6 � �i O � O F M U �o •�o �mm .,� ..°i v � C O m 7 � �Am 6 � O� � M 4w O^+ b o �� ��� � � U '� � � m M ��� O 3 a .� �, � m +� � � m sa '�UmyC o��° `�m� .+ �O > � m U m m C a �iy o a a a� w � � M . 41 er m m � O � �� +i � Q U� � � c �; o '�' m m �+' m ,� .�'., m � 'Cj O U y� y,� m ,� a m b � '� N..�'i m� mb 1p i� � U ..mj � � �� H� �A �O A � o � m� A N mY m m 8 � �M O m m V ,.� y, a o, � f0 0 �.'' a '+�o a,i am.. .� a� +�'a°' ami m m ^' � C� m M� •�m .,ei .� U G+� .-i aq occ �e a u m .� � ro��m me.eo cooia�io y 3 m 3 o��.�i c p o�G..>i a C�'O .Ci ,7q 3..G+ C+�+'a 1"' M � � o o�a+ .°.� x �'ai ���° m-�..�ar bEN'Om +i O I�i'O�M ��W�O"� �N � i► 4i � }� 0'y '� 0 'd ++ C �1 O � m V tp J xd+�i C� w C C'� d'b mA.�Lm' V G G wmm.°.� m�w'° c�°°'°'� � N � ��p� ��U� �G�'��'Gy b .-1 „� A 0 C opCU m'im� °Dm.�immU a�v -�+ b o� ci0i d m 3 e a-�+ m3�m►�i �a'MOS C>'�C ma+ ma:�c�° ��°,�.Gia�Oi�. -�+Ha-�i�►^�i �amwo �'.0O3 ��M"mL H b r-1 '") b���� 4O3►�i�.�i U� V�m� q aa'' � o+�c >. °ib .�. r�'' o m ., � ��my\ �+�i3�C UtO�N�b.�i C ��CC,m0 M30b+� i00 � M RL G N O�+�+ m C�N �.Ci a�+ 7 0 m m s�i +Vi V +i"Ji�ldC, +�yJiim UCm b+01W tq 'O �+ O� m m 3.0 m 01 -.� G1�.� N EI w �O O itl i� Y .� O T-•i la .0 6 0 01 lr A Cq tM7W A�=b ��NNmN �'17�mmy �7 N {'1 d, � ibi �i 0 :� � m H +�I � m A � 8 m 7 m W O L i� � U ,�,� m w T � M � a m W � O m � � '1 +� a v '' b U b m C b b tl �x m � C U a m a � 0 W � O � � M m � � � � � i�+ m m U y�i � M w +� o �o N O � OO C m b .� �� � O a w a� a� eo� s�i � zm c�o m M �+ M O .�I +�1 � m �o C vi C m N m b C m � � m u � m m �.�i m �7 � m e � � � O W g W O .i .� � b C � C m � U m c b O � � a O s � 0 � O f�i �.i '� .r .i b O u w 0 e O � > m .r m C �.i 'd � M � c �� yo m a d � U JJ a O y C '� O� +�1 J�.� G b� O� m N „M� b+ f0 � -'1 � � m � w.,�i'� +� .i 'O �a a n°. •+ m o �cma aG.°v 'h�i� i� C .�0�7N D � .L: 1f1 t0 P m O� C �b m 1� m� rn� '' m �o � .� a A [ � , d U � k �� m p, � O 0 mw �O ; m � � � bi � � m b' U TI � b � .� °ero °r x a'+.°, o '$ +�i m � � O a� c. e ,''i N U O� a�i ..bi miu w � cimo w � � N � d � b n � l� w O � C � w ' b' � m d � � 7 � N ,-� b� o ►�i itl .� ►�+ ?J � C � � m U b� .�O � b� m � � p � w � A A A O b � � � C .�1 C N W � tT A m � � � ,� � � C b+ � � a a .,., > > > w m tp ,� .� {�,r Um m EI Ir �'� G C 7 V � m m 0 � �� X X � �0 01 . N N ,,,� b o w� w a mm a av � a� o 0 0�u w° w w a, v,,, m ow o oa o � 10 m m m Ud N dl � 'm+Vi �M -�Ni L�i m.: m m M �.-�i � � C M O v� c� a a a a za z zx xm � v � v �+i +r +i k �0 +1 � '� +�1 v v V '� a � COMIrIIISSION APPLICAYION REVIEW � FILE NUMBER FILE DATE MEETING aTE FILE DESCRIPTION ��93-03 C�N�F ]A 3-10-93 ' 4-6-93 5069 Clearview Street N.E. F� DLF.1! i side ara setback ' COMPLETE REVIEW CHECKLIST AND RETURN TO PLANNIIVG D,EPT. �� -. -- � �HAICHELE M. 'yl- 22-9yi _ I ��� SCOTT E: ' � ��� � j� JOHN F. ��,� � LYDE W. 3 - Z� � CLYDE M. �� ' .F[�.=�EON M. � :� �� _ JIM �' J'� � �-� CHUCK M.. COMMENTS � �� e��. �� �► . o�� c �t�. � � ,��� � ��:.-� � lo t �' � .-�O �l�w � � �- � PIIBLIC HEARIN(� BEFORB T8B APPEALB 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, April 6, 1993, at 8:00 p.m. for the purpose of: Consideration of variance request, VAR #93-03, by Thomas and Arlene Ludwig: Per Section 205.07.03.D.(2).(a) of the Fridley City Code, to reduce the side yard setback from 10 feet to 9 feet to allow the construction of additional living space on Lot 11, Block 5, Carlson's Summit Manor South, the same being 5069 Clearview 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 March 30, 1993. VAR� #9 3-0 3: � 5069 C earvieNr Street Pd.E. 'Ihomas & Arlene L�ntig 5069 Clearvi.eji�r Street N.E. Fridley, MLV 55.4�� F & M Ma.rqvettre Bank. 6th & I�larquette NL*�neapoYis, NIl�T James Zabel 5087 Clearvie�nt Street N.E. Fridley, N�T 55421 Louis Rau 5Q57 Clearvianr 3treet N.E. Fridley, ML�T 55421 I�on Peltier 5144 Horizon Drive N.E. Fridley, ML�TT 55421 Hasold �teeves 5134 Hori.zon Dri.ve N.E. Fridley, N.�T 55421 Gerald B�ch.et 5124.Hori.zon Driv� N.E. Fridley, NIl�T 55421 JamPS Akin 5120 Clearvi.e�nt- Stre�t N.E. Fridley, NIlV 55421 - MAILING LIST - Ja¢nes Trafas 5Q96 Cleax�rie�nr Street P1.E. k'ridley, NIl�T 55427. Duane And+ersc� Nbnica. .. �'etQx'�:on 5084 Clearvie�r Street N.E. F'ridley, NN 55421 Arlene� I3utt�n 5072 Clearvi.� �treet N.E. Fr:idley, N�T � 'S542I Ir.�nrell Appleh� 506Q Cl�a�rvie�t Street N.E. Fridley, 1�V 5542]: Gary �texson 51Q8 Topper Lane N.E. Fridley, N.�T . 5542I Der�n�.s N�.hart 5061 iiugYiees Av�n� :N.E. Fridley, r+�T . 55421 Titroth� Clark 5Q.73 IiugYie� A.�nue N,E. Fridley, � NIl�T 55421 James H�odick 5085 Fiuglzes .�venUe N.E. Fri.c�ley`, r+�T 55421 �� Mailed 3/26/93 ]buglas Anderson 5031 Clearview Street N.E. Fridley, N�T 55421 Dean Nic�iolson 5Q45 Cl�arSrlew� Stzeet N.E. Fridley, NN 55421 [nTaynn Vasseur 5096 'Ibpper Lane N.E. Fridley, NI�T 55421 Virginia Rfls�ric.k 5084 Topper Lane N.E. Fridley, N�T 55421 Margy Sch.lavin 5.03? Iiugfies Avenue N.E. k'ri.dley, N�T 55421 Rona.ld Hev�itt 5049 Hughes.Avenue N.E. Fridley, NIl�T 55421 Richard Schaller 5048 Cl�arvi�w Street N.E. Fridley, N�T 55421 Will.iam Sd�.ultz 5Q36 Clearvie�r Street N.E. Fridley, NIl�T 55421 Cerald Majeres S�cx�t Rolek. Diane Savage 5108 Clearsri.eHr �ti�et N.E. 5Q97 Huc�,ies .�venue N.E. 567 Rioe Creek 'I�rxa.ce Fridley, N�T 55421 Fridley, N�T � 55427. Fridley, l�'�.V 55432 Gity Co�cil/City Manager REQUEST Permit Number Applicant Proposed Request Loeation SITE DATA I Size Dens'�r Present Zoning Present Land Use(s) Adjacent Zoning Adjacent Land Use(s) Utilities Park Dedication Watershed District ANALYSIS Financial Implieations Conformance to the Comprehensive Plan Compatibility with Adjaeent Zoning and Uses Environmental Considerations RECOMI��NDATION Staff Appeals Commission Planning Commission Author �� a STAFF REPORT Community Development Department Appeals Commission Date Planning Commission Date City Council Date VAR #93-03 ']homas Luc�rig April 6, 1993 To reduoe the side yard setback fres� 10 feet to 9 feet 50E9 Clearview Street 8,580 sq. ft. 24.440 lot c�verage proposed �1, Single Family Single Family R-1, Single Family to the N, S, E, & W Single Fa¢nily tA the N, S, E, •& W �i.x Cities /"\ /"� Staff Report VAR #93-03, 5069 Clearview Street N.E., by Thomas & Arlene Ludwig Page 1 A. STATED HARDSHIP: "Need to build addition, angled lot causes setback conflict." B. ADMINISTRATIVE STAFF REVIEW: Request The petitioner requests that a variance be granted to the side yard setback requirement to reduce the setback from 10 feet to 9 feet on Lot 11, Block 5, of Carlson's Summit Manor South Addition, the same being 5069 Clearview Street. Site The subject parcel is located in the southwest corner of the City. Located on the property is a single family dwelling unit with a detached two-car garage. The property is zoned R-1, Single Family Dwelling, as are all surrounding properties. Anal�sis Section 205.07.03.D.(2).(a) requires a side yard setback of ten feet between any living area and side property line. Public purpose served by this requirement is to maintain a minimum of 20 feet between living areas in adjacent structures and 15 feet between garages and living areas in adjacent structures to reduce the possibility of fire. It is also to allow for aesthetically pleasing open areas around residential structures . The petitioner is proposing to construct a 28 ft. by 16 ft. addition off the rear of the property. The petitioner has analyzed a variety of options to eliminate the need for a variance. The options, if pursued, would make construction more difficult and would also conflict with the window placement and floor layout of the existing house. The petitioner could shorten the addition to 27 feet; however, the exterior wall of the addition would not align itself with the exterior wall of the house. The petitioner could also angle the wall of the addition to parallel the property line; however, this would increase the expense of the addition. The granting of the variance would not adversely impact the adjacent property as the structures on the adjacent property are located 20 feet from the property line. ., ■ �� 0 y KIKCORNEH � ��`�O� SE�is _ Q� ..�,a.-� P� � i � � I 1 � I I I 1 i c•r � � I.-.. 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' :, � - ' _ r � � � _ R Q6 � 1 � CITY OF FRIDLEY APPEALS COMMI88ION MEETING, APRIL 6� 1993 CALL�TO ORDER: Chairperson Savage called the April 6, 3, Appeals Commission meeting to order at 8:00 p.m. ROLL CALL• Members Present: Diane Sav e, Larry Kuechle, Ken Vos Members Absent: Cathy/Smith, Carol Beaulieu Others Present: chele McPherson, Planning Assistant Thomas Ludwig, 5069 Clearview Street N.E. APPROVAL OF CH 16 1993 APPEALS COMMISSION MINUTES: MOTION b Mr. Kuechle, seconded by Dr. Vos, to approve the March , 1993, Appeals Commission minutes as written. II�A VOICE VOTE, ALL VOTING AYE, CHAIRPERBON 3AVAGE DECLARED THE TION CARRIED IINANIMOOSLY. � CONSIDERA,TION OF VARIANCE REQUEST VAR #93-03 BY THOMAS AND ARLENE LUDW.IG • Per Section 205.07.03.D.(2).(a) of the Fridley City Code, to reduce the side yard setback from 10 feet to 9 feet to allow the construction of additional living space on Lot 11, Block 5, Carlson's Summit Manor South, the same being 5069 Clearview Street N.E. MOTION by Dr. Vos, seconded by Mr. Kuechle, to open the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 8:03 P.M. Ms . McPherson stated the subj ect parcel is located generally in the southeast corner of the City, east of University Avenue and south of 53rd Avenue. The parcel is located at 5069 Clearview Street. The property is zoned R-1, Single Family Dwelling. Ms. McPherson stated the petitioner is proposing to add a 28 foot by 16 foot addition to the rear of the dwelling unit. In order to construct the dwelling unit, the petitioner needs a variance reduce the side yard setback at the eastern-most corner of the lot from 10 feet to 9 feet due to the odd shape of the lot. It is not a `~ � /� APPEALS COMMI88ION MEETING� APRIL 6, 1993 PAGE 2 true rectangle as the north lot line was platted at less than a ninety degree angle. Ms. McPherson stated the petitioner could shorten the addition or move it one foot in order to meet the setback; however, it would make construction more difficult and expensive. The exterior walls would not line up. The petitioner has explored the options and has decided to build as proposed. The reduction in the side yard setback of 1 foot would not adversely affect the structure property directly to the north because there is approximately 20 feet between the lot line and structure to the north. Mr. Ludwig stated the reason he wants to put an addition on the house is because he likes the neighborhood and likes living in Fridley. He has explored the possibility of building a new house which would mean moving out of the area, so they took the other alternative, which is to put on an addition. He looked at different options for the size of the addition and what the family. would use the space for. There is a window on one side that limits moving the addition further to the south. On the north side, he will be making the master bedroom larger. If it was pulled in one foot, it would look odd to have a jog in the wall. As it is, the walls line up which looks more appealing. The neighbor to the north is about 40 feet from the lot line and they have no plans for additions. �ven if they did, they would not be close to 20 feet. Based on those• reasons, he decided to move ahead with the variance. Mr. Kuechle asked where the neighbor's house lines up with the petitioner's house. Mr. Ludwig stated that due to the radius of the street in front of his house, if the neighbor were to put an addition on the back, that addition would not be to the front of his house. Actually, it is probably the very furthermost five feet of the addition that would be infringing on the setback because of the angle. Dr. Vos asked if the window Mr. Ludwig had mentioned was the window south of the patio door. Mr. Ludwig stated this is the window to the kitchen where the kitchen table is located. This is where the family eats and they like the view to the backyard. If he moved the addition further to the south, he would have to enclose that window or put it inside the addition. Dr. Vos asked if the addition would enclose the patio door. Mr. Ludwig stated, yes, it would. Ms. Savage asked if the addition was because the family needed more living space. . • ,'"'� �'` APPEALB COMMISSION MEETING APRIL 6, 1993 PAGE 3 Mr. Ludwig stated, yes. Their family is large and they would like to have a family room on the back, enlarging the master bedroom, and adding a bath off the master bedroom. Dr. Vos stated there is a maximum lot coverage allowed and asked if this was within the maximum. Ms. McPherson stated the lot coverage is 24.44� including the existing home, garage, and proposed addition. The lot is slightly undersized and this is just within the limits. Dr. Vos stated he assumed the roof line will be kept much the same. Mr. Ludwig stated he is a carpenter and will be building the addition. He takes pride in putting on additions so they do not look like additions. MOTION by Mr. Kuechle, seconded by Dr. Vos, to close the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING CLOSED AT 8:10 P.M. Mr. Kuechle stated he would recommend approval of the variance request. T�ie odd shape of the lot creates some hardship. The property is set back from the street so it will not have an adverse impact in terms of visibility. The neighboring house is quite distant. Even if he were to add on straight out, it looked as if this encroachment would still Yie behind his house line so if the neighbor added living space there would still be 20 feet between houses. In terms of the spirit of the code, this meets the requirements so he would recommend approval. Ms. Savage agreed. There is plenty of space for the addition and plenty of g'reen space. The spirit of the code is being met and this is a unique situation because of the odd shape of the lot. The petitioner has looked at other ways of doing this and this appears to be the only reasonable way to put on the addition. Dr. Vos stated what convinced him to recommend approval is the distance between the neighbor and the north lot line. That house is set so far away that a one foot encroachment would not matter. The other option would be to make a smaller addition which would not be worth the effort. With the odd shape of the lot, there is difficulty when building out.to the back. MOTION by Mr. Kuechle, seconded by Dr. Vos, to approve variance request, VAR #93-03, by Thomas Ludwig, per Section 205.07.03.D.(2).(a) of the Fridley City Code, to reduce the side yard setback from 10 feet to 9 feet to allow the construction of additional living space on Lot 11, Block 5, Carlson's Summit Manor South, the same being 5069 Clearview Street N.E. : � � .-�a. APPEALS COMMISSION MEETING. APRIL 6, 1993 PAGE 4 IIPON A VOICE VOTE� ALL VOTING AYE� CHAIRPLRSON BAVAQE DECLARED THE MOTION CARRIED IINANIMOIISLY. 2. PDATE ON PLANNING COMMISSION AND COUNCIL ACTIONS: Ms. McPherso ave a verbal report on past Planning Commission and City Council ac ' s. Ms. McPherson stated the als Commission meeting for April 20 had been cancelled due to a la f items. ADJOURNMENT MOTION by Mr. Kuechle, seconded by Dr. Vos, to ad n the meeting. Upon a voice vote, all voting aye, Chairperson Savage ared the motion carried and the April 6, 1993, Appeals Commission ing adjourned at 8:25 p.m. Res ectfully submitted, �-t.� Lavonn Cooper � , Recording Secre ary _ _ CITYOF FRtDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 •(612) 571-3450 • FAX (612) 571-1287 APPEALS COMMISSION ACTION TAKEN NOTICE April 8, 1993 Thomas and Arlene Ludwig 5069 Clearview Street Fridley, MN 55421 Dear Mr. and Mrs. Ludwig: On April 6, 1993, the Fridley Appeals Commisssion officially approved your request for a variance to reduce the sideyard setback from 10 feet to 9 feet, to allow the construction of an addition, with the following stipulation(s): 1. None. Please sign the Action Taken Letter below and submit one copy to the Planning Department by April 16, 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 expiration 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, � ��.�e� � �_. / ����� Michele McPherson Planning Assistant ��� � ' Concur with action en � ' � S�ATE OF MINNESOTA ) .. COUNTY OF ANOKA CITY OF FRIDLEY ) � In the Matter of : a variance , VAR �� 93-03 OwneZ': Thomas E. and Arlene H. Ludwig � APPi B CO�ISSION PROCEEDINGB ���,r, ���� VARIANCE The above entitled matter came before the Appeals Commission of the City of Fridley and was heard on the 6th day of Anril , 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 10 feet to 9 fee.t to allow the construction of additional living space on Lot 11, Block 5, Carlson's Summit Manor South, the same being 5069 Clearview 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 April 6, 1993. 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 k�ave 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, inq �the County of Anoka on the � day of ..�'ia L�j � 19 �• - DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, NIN 55432 0 ,�y ,... -:�, , 2�.f ��, �,�;'�`a'�.� . K��-_.�"., - i 4�._f'- William A. Champa, Ci1�y �Cler�,��- .° .. - �� � ' ` '�.• ` , V � c: .�[ . �, , ' ° �,s�L) } , . ,. . �.. ��f�, . Variances are valid for a period of one year following approval anc� s;s�all�ab�: °�' considered void if not used within that period. ,.'ti��p� �•�; .) ;�t.� � �"�, CITY OF FRIDLEY �� APPEALS COMMISSION MEETING, APRIL 6, 1993 CALL�TO ORDER: Chairperson Savage called the April 6, 1993 Appeals Commission meeting to order at 8:00 p.m. ROLL CALL: Members Present: Diane Sava , Larry Kuechle, Ken Vos Members Absent: Others Present: Cathy �ith, Carol Beaulieu e McPherson, Planning Assistant Ludwig, 5069 Clearview Street N.E. MOTION/ by/Mr. Kuechle, seconded by Dr. Vos, to approve the March 1� 1993, Appeals Commission minutes as written. A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON 3APAGE DECLARED THE �N CARRIED IINANIMOIISLY. 1. CONSIDE�2ATION OF VARIANCE RE4UEST, VAR #93-03, BY THOMAS AND ARLENE LUDWIG: � Per Section 205.07.03.D.(2).(a) of the Fridley City Code, to reduce the side yard setback from 10 feet to 9 feet to allow the construction of additional living space on Lot 11, Block 5, Carlson's Summit Manor South, the same being 5069 Clearview Street N.E_ ' MOTION by Dr. Vos, seconded by Mr. Kuechle, to open the public hearing. DPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 8:03 P.M. Ms. McPherson stated the subject parcel is located generally in the southeast corner of the C�ity, east of University Avenue and south of 53rd Avenue. The parcel is located at 5069 Clearview Street. The property is zoned R-1, Single Family Dwelling. Ms. McPherson stated the petitioner is proposing to add a 28 foot by 16 foot addition to the rear of the dwelling unit. In order to construct the dwelling unit, the petitioner needs a variance reduce �he side yard setback at the eastern-most corner of the lot from 10 feet to 9 feet due to the• odd shape. of the lot. It is not a .. _.�:. -..<�.�o� • /'� �"� . ' _ Q 0 APPEALB COMMI88ION MEETING, APRIL 6, 1993 PAGE 2 true rectangle as the north lot line was platted at less than a ninety degree angle. Ms. McPherson stated the petitioner could shorten the addition or move it one foot in order to meet the setback; however, it would make construction more difficult and expensive. The exterior walls would not line up. The petitioner has explored the options and has decided to build as proposed. The reduction in the side yard setback of 1 foot would not adversely affect the structure property directly to the north because there is approximately 20 feet between the lot line and structure to the north. Mr. Ludwig stated the reason he wants to put an addition on the house is because he likes the neighborhood and likes living in Fridley. He has explored the possibility of building a new house which would mean moving out of the area, so they took the other alternative, which is to put on an addition. He looked at different options for the size of the addition and what the family. would use the space for. There is a window on one side that limits moving the addition further to the south. On the north side, he will be making the master bedroom larger. If it was pulled in one foot, it would look odd to have a jog in the wall. As it is, the walls line up which looks more appealing. The neighbor to the north is about 40 feet from the lot line and they have no plans for additions. �ven if they did, they would not be close to 20 feet. Based on those,reasons, he decided to move ahead with the variance. Mr. Kuechle asked where the neighbor's house lines up with the petitioner's house. . Mr. Ludwig stated that due to the radius of the street in front of his house, if the neighbor were to put an addition on .the back, that addition would not be to the front of his house. Actually, it is probably the very furthermost five feet of the addition that would be infringing on the setback because of the angle. Dr. Vos asked if the window Mr. Ludwig had mentioned was the window south of the patio door. Mr. Ludwig stated this is the window to the kitchen where the kitchen table is located. This is where the family eats and they like the view to the backyard. If he moved the addition further to the south, he would have to enclose that window or put it inside the addition. Dr. Vos asked if the addition would enclose the patio door. Mr. Ludwig stated, yes, it would. Ms. Savage asked if the addition was because the family needed more living space. . �s . _ . . . . . r .. � . . '' ..K �, �:�� ��w.�"��-�'�..�� ' . �\ � � � � �' ` b � APPEALB COMMI88ION MEETING, APRIL 6. 1993 PAGE 3 Mr. Ludwig stated, yes. Their family is large and they would like to have a family room on the back, enlarging the master bedroom, and adding a bath off the master bedroom. Dr. Vos stated there is a maximum lot coverage allowed and asked if this was within the maximum. Ms. McPherson stated the lot coverage is 24.44� including the existing home, garage, and proposed addition. The lot is slightly undersized and this is just within the limits. Dr. Vos stated he assumed the roof line will be kept much the same. Mr. Ludwig stated he is a carpenter and will be building the addition. He takes pride in putting on additions so they do not look like additions. MOTION by Mr. Kuechle, seconded by Dr. Vos, to close the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING CLOSED AT 8:10 P.M. Mr. Kuechle stated he would recommend approval of the variance "�� request. T�e odd shape of the lot creates some hardship. The property is set back from the street so it will not have an adverse impact in tertns of visibility. The neighboring house is quite distant. Even if he �aere to add on straight out, it looked as if this encroachment would still be behind his house line so if the neighbor added living space there would still be 20 feet between houses. In terms of the spirit of the code, -this meets the requirements so he would recommend approval. - Ms. Savage agreed. There is plenty of space for the addition and plenty of g'reen space. The spirit of the code � is being met and this is a unique situation because of the odd shape of the lot. The petitioner has looked at other ways of doing this and this appears to be the only reasonable way to put on the addition. Dr. Vos stated what convinced him to recommend approval is the distance between th'e neighbor and the north lot line. That house is set so far away that a one foot encroachment would not matter. The other option would be to make a smaller addition which would not be worth the effort. With the odd shape of the lot, there is difficulty when building out to the back. MOTION by Mr. Kuechle; seconded by Dr. Vos, to approve variance request, VAR #93-03, by Thomas Ludwig, per Section 205.07.03.D.(2).(a) of the Fridley City Code, to reduce the side l yard setback from 10 feet to 9 feet to allow the construction of �� additional living space on Lot 11, Block 5, Carlson's Summit Manor South, the same being 5069 Clearview Street N.E. � � � _ ,. IIPON.A VOICE VOTE� ALL VOTING AYE� CHAIRPERSON VAGE DECLARLaD THE MOTION CARRIED IINANIMOII3LY. 2. UPDATE ON PLANNING COMMISSION AND UNCIL AG�IONS: Ms. McPherson gave a verbal report o past Planning Commission and City Council actions. Ms. McPherson stated the App ls Commission meeting for April 20 had been cancelled due to ack of items. ADJOURNMENT MOTION by Mr. Kuech , seconded by Dr. Vos, to adjourn the meeting. Upon a voice vote all voting aye, Chairperson Savage declared the motion carried d the April 6, 1993, Appeals Commission meeting adjourned at :25 p.m. y submitted, Cooper / / �o ,� -- _ ng Se�cret�ary ��� � �rn� ".d �p H H w H C7 -' �C ��° � � � � U7 H C'� � k K N ,b_ Lc L�J �� {c 0 ri 0 �� � � n �1 �� a c � C�i 0 n �. � � m = c,� s � m � �� � ^ � m � � I�a = a o �c �n 'w � � o � � 3- � s N � � ? m °Q � m � � o 4 S � � "` � � 9 � ' � g ^ a � r�1 �' 0�°6�� v;;T#�b=vv-� �J�t1TOC► -�?� C��GTG� c � � ^ � A.0 � ,�-► � � ' � � � � • ` �i��,.-- � � � � - ,. � � � Vt