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AF-V - 40694e . � �� STATE OF MINNESOTA COUNTY OF ANOKA CITY OF FRIDLEY In the Matter of: VAR #99-22 ) Owner: Richard A. Nye and Karl D. Breitbarth �2. � • 3 0 • �t.� . �3 •t�3d'�� APPEALS COMMISSION PROCEEDINGS VARIANCE The above entitled matter came before the Appeals Commission of the City of Fridley and was heard on the 22"a day of September, 1999, 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 5 feet to 3 feet to allow the construction of a stairway on Lot 7, Block 1, Innsbruck North 2nd Addition, generally located at 5477 East Danube Road IT IS ORDERED that a variance be granted as upon the following conditions or reasons: Approved with one stipulation. See attached Appeals Commission minutes dated September 22, 1999. STATE OF MINNESOTA COUNTY OF ANOKA CITY OF FRIDLEY � ) OFFICE OF THE CITY CLERK 1, Debra A. Skogen, 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. /'"1 � IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at the City of Fridley, Minnesota, in the County of Anoka on the �IS� day of (� �� , 19 �' �. DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 Debra A. Skogen, City CI � � �,r r �, - ,a � , ;. V,`�, ��. Sb .� e d i �^ �!.. S C��Vf��l� ,fi491 E '�r , � � � i' +'� � srs f ','��"e', N: qoe �.i �": t C r . � � > ��' d + �V��y.� �• J� � y? {. � 1� �L.^ p R. P't: .l�yri � �� 1 I "?� f .��1�q �. {'':: tl ! � y � � ,i�. t� '`�..� �a .. .. j.�r^� .'.` f �.e6Y • • �� ' �{ r � w . �F12/' �+Q �"�:) Y`fir I'1�1�;'y '�°*�.' �~ f •�' D� �i I� il l.4'�h i �, 7- �" � '�� R'*�bY�an��' , .. 1 {,•+ ��y �� 4 y• , � ��' A. '1. . . Variances are valid for a period of one year following approval and shall be considered void if not used within that period. . !� ABSTRACT � _ . , � Receipt # I 3 3�� 2 el.,.S ❑ cert;nea copy Date/Time: ��Q� �� Date Mailed Doc. Order � of �_ � Ta�c �ens / Releases ✓ by: Pins: /�t,/ � Multi-Co Doc Tax Pd Recordabilit}r / Delqs: �� ❑ Transfer ❑ New Desc. Filing Fees: %�• � ❑ Division ❑ GAC Well Cert'rficate ❑ Status � Spec Received this Date: Anoka County Recorder ❑ Other No Change � Notes: DOCUMENTNO. 1465332.0 ABSTRACT ANOKA COUNTY MINNESOTA I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS FlLED IN THIS OFFICE FOR RECORD ON OCT 2 5 19 9 9 AT 5: 0 O PM AND WAS DULY RECORDED. FEES AND TAXES IN THE AMOUNT OF $19 . 5 O PA�p aECEiPr No. 19 9 9113 3 3 5 EDWARD M. TRESKA ANOKA COUMYPROPER7YTAX ADMINISTRATOR/RECORDER/REGISTRAR OFTITLES ev RP DEPUIYPROPER7YTAXADMINISTRATOR/RECORDER/REGISTRAR OFTITLES 78 � Cl�lf OF FRIDLEY 6431 UNIVERSITY AVENUE FRIDLEY, MN 55432 (612) 571-3450 � COMMUNITY DEVELOPMENT DEPARTMENT VARIANCE APPLICATION FOR: Residential Commercial/Industrial _- site plan required for submittal, see attached Address: S"� l � 1 Property Identification Number. Legal Description: Lot _� Block _� Tract/Addition /�Jn�� c_ Sians Current Zoning: Square footage/acreage: Reason for Variance: �� °� �a� � �� - �/o �lcG� �o� C-�o�� ,��lec,� °�� Tn s�aex.. _�e�,b c�an�e.��c�'Z�il Have you operated a business in a city which required a business license? Yes _� No If Yes, ich city? �l %�s&�m-z. �s If Yes, what type of business? -� Was that license �ver denied or revoked? Yes No �V�V�Vti/rti�Ywr1ViV.Y�V�V�V�VwiV/r�Y1VAMNV�aiV1V'VN�V�ViV�Vti�V�V/�/�V�VNe�r�VN�V�V�V,V �V�V�VM/r/b�V�Vq/�r�V FEE OWNER INFORMATION (as it appears on the Rroperty title) (Contract purchasers: Fee owners must si n this form prior to processing) NAME: � e. /�I �..i �� AQ-,�,�- ADDRESS: � 77 � i7r�-�21� DAYTIME PHONE: f�1�89� -/o ��. SIGNATURE/DATE: ". � �V.MOebM�V+.sM�V�V�V►�V�OI�V+V�VV�Va4�N�VM^/�VIV�V�VN�VM�V�V�V,VN�V�VtiN�V/VNN�Vti�VA/�VM�VN�V�VNA/4�rr�MMM4�V.V�VN�V NAME: � �� .�-� �1:� � e3c�L ADDRESS: DAYTIME PHONE: SIGNATURE/DATE: .�rw��.�v�r�r.�rw+tin.�.�.n.�rwrwr�v�r.�r.�r�rtiwrwr.�.wrtinrrwrwrwi�r �rrr�r�rwr.w.r�r�wr�.�r1v�vs�r.�rtiw��rw/.�rw. Sectic�n of City Code: FEES - Fee: $100.00 for commercial, industrial, or signs: Fee: $60.00 for residential properties: Receipt #: � Received By: Application Number. ' � � �,� �cheduled Appeals Co mission at : � � Scheduled City Council Date: �� 10 Day Application Complete Notification Date: 60 Day Date: � � � � � � � � U- � O J �' � � � �. �� O � • �■ ■ �■ `.�'�J � � LL U ■� . - -��' - �.:z:. O. �� . � � "�...r � ■ ■,� � � � � � J C Q � c m Q c�'a 0 0 CO o � .y C m � 0 � � �� _. ;� � V o. p �Q o U � 0 � .r., " '� °J c � � O �U ,o � � c � o •� �. � '�o �, U m � E � �' o � o '`fi � � � � a, N r w � �� o � c� � a� Q� 0 � � m ... .... m J C m Y � H C � Q m � O. d Q /'� . � l0 � O � O m � � m � •m I�- 0 � C m � � �, -� -----�------ -� m m � E = c< � •o � � a' o� r° w m Q- � U Z° o � c� o Q � � ,�y�cy c � � = m a € mm c � Q -y a �C m N C m m a� c.;n �Q�.�� =�o•- � �°m— c� �c ::. a. 'c � • � �c Qeo_. ��o�QmomoQ a».�a�N�U� m ma Q. � o� U .° vi c� �° � �n � tiQ� r AUG-26-1999 15�29 Augttst 26, 1999 KENNEDY SCALES � City of Fridley Atteation: NIr. Paui Bolin 6431 Uaiversity ,P►venu� NE Fridley, MN 55432 1 612 784 1206 P.01�01 �� Page: 1 of 1 Fax: 612-571-12$7 Re: Deck I Stair plans for 5477 East Danube Road, N.E. (Rresid�ntial) Mr. Paul Bolin: A$er you ha.ve reviewed the following information, we are asl�ing that the board approve the variance regarding the building of the deck and stanrs as per the plans futnished. by our c�ntractor. Please attach this additional in�osmation to the Request for Variance Applic�tion submitted, by our contract�r, oa our behalf. This was done today along with the required $d0.00 f�ee. The utility door off of the right side of our house had aa unsafe landing that �ed oaly to the froirt of �he house / garage. We wauld like to build a deck that would ac�ommodate a stair that would lead down the back of the house / yar�d, as well as allowing us to ga to the front. We feel that this type of structure would be necessary because of the da,n,gerousty s�eep slope from the utility dovr to the back yard and that without it would create an unsafe wallciatg pgth to our back yard. We curretrtly hgve permission from ow neighbors, Hoyd & Megan Herdendor� to wallc on their property, where it is less steep, to get to our back yard. By �aving this structure built as our con�ractor has submitted would allow us ac,�ess to our own back yard, via the deck stairr� rather than walking o�n ow neighbar's yazd with aay items that we have stored in our garage. 'This would also allow us to �tora our firewood below and in badc of otur home rather t�an on the side of the garage where it could possibly be seen from the street. If' you have any questiona or need more info�on, please feel fre,e td contact either Ric�. or myse�f at the address or phone number listed below. Thaak you for your help. Sincerely, Karl Hreitbarth / Rick Nye 5477 East Danube Road, NE Fridley, MN 55432 612-Si4-0975 (09/22/99 -- Boaid Meetiag G�ty Hall, 7:30pm) TOTAL P.01 ;1 ' �� :TIFICATE Q�SURVEY �"or: Da Verne � pS'� � Co. � /� P� / R° R � 8 � i��° �� I S � �A ��' �� . �� ,� \ , ,: � � �► 5 �, - ��- \ :� ` �� , � " � D� � �� `J=� � � � �� n _ Z%'��a�s�de� �d��i5, ': .�. � � JR ns� 3 � �'� , �, ,a�,,,n �-� �d , ,,�,, �' V" '` rk,�J�� ., � - , �� ; : �,�� ` � r,, � � � - �;. F � �� , ��; �� . ,,, ,�, �� r � �' 4 , °�� '�, � � �� , �, °'�` � � �` ,Y �,� ��" �� ;� f� e; � � � ,Co1 7, B/oc.� 1, /NNSBF�lh''!� NO�?Tfi� .2 �''� ADO/T/O/Y, ,4/�o�fo C'oa�1y, /Y1ii��ro�b. .S'�'a� = .� '-�D � oDe�o��,� Iro� � \ � \ � �. \ � , y \� ,� o\ . 4 � �� o � � � � `o � � . .. o � � . � � �,o � �� . . ;� �, / �. / � �� 0 � �0 . � �� / / r � � �O y� We hereby certify fhaf this is a true and correcf representation of a survey o� fhe boundariee ot ths abov descrlbsd lond ond ot the location of oll buildinps� if any, fh�non� ond oll visible encroachments, if any, from or on said land. E. G. RUD 8� SONS , INC. IJ �Gl� . E. G. RUD 8c SONS, INC. LAND SURVEYORS 3847 155 th Avenue N. E. � i , J � e � , May 1, 1998 / \ Attention: Barry Building Permit and Inspection City of Fridley 6431 University Avenue Fridley, �IId 55432 Re: 5477 East Danube Road, NE 12' x 5' Side Deck Permit Dear Harry: - / \ First of all, I apologize for the misunderstanding regarding the rough drawing and materials list that I thought you had requested and I dropped off. I am now enclosing a more detailed drawing of the replacement deck along with a description of the materials that will be used. Description for deck by right side of garage: 5' x 12' deck - Stairs to front and back. , 2n x 8" treated lumber for joist and ledger Joist is spaced 12" off center Deck and railing to be cedar DeCk bo8rd6 5/4" X 6" -� B8lusterS 2" X 2" ; ) Railing balusters not to exceedL4!!..spacing Ledqer to be attached using ls�g screws spaced 8" apart�maximum or 2 every 16 inches 't :r � Footinq to be 42" below grade � Posts to be 6" x 6° cedar . Question: Bearing Point - Can the posts be where they are currently located on the plan by the joists? If you have any questions or need further information, plsase make a complete list, then call or fax them to me and we will get them answered for you as soon as possible. Again, I a�logize for the misunderstanding. Thank You, o��. ,��!�au%��.�-6�i Karl Breitbarth 5477 East Danube Road, NE Fridley, r+IId 55432 Day: 784-1�22 Fax: 784-1206 Thank you for your help. r � �� 88 aa� �� l e � I I � - �r I ; 1 � , ' ' � �. i i � � . �� —�__'�"+_ � � _ ___ _.._._...+ _r— . _ _...___. - _._ __.L_ i � � � _ � .-- -�— -•- .L_ . ,5�77 . L� . 7. ��1,13 � __ pA�1 _ _ . -�-_._.? - . ' - , , , � , , __ _ _ _. _ . . _ . _ . - -- - -- _ . �. _. - ± _ �- - - - � ' -�—�--_ __ . � _ � _ . . 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The Mon Fil Pl Home Depot #2806, 5800 CEDAR LAKE.RD, ST LO�IS PAR�, 1�T 554 �Apr 20 19:26:11 '�98 � e saved as: .c:\cqdesign�decks�0000000e.,�EK an View - �, . � -.,` L l✓'� �L�� .�� ,.'� �� v •... ; . � � Xa TRfiQTFi� —� n r� � "z- �i asN;n/G � -- - . �ovsE �+��s � ��nIG ?X8 Kanl4Eit �,.!�i� /�'� � -/ sc,�+� �.�"_ �' . �A� sc.e.Ea76 Td 3E / E� (3' oa 2 g�c�r I (o'� � i .Lpo. c ,Q 1 � � � ~ i �J .. ( '� � � � / �_.. . (iRtrraA�.� U / N YE i ► Vv +� + /a �(�t5i � r-��. i � � \ `t I I --� � 5c �.E /�: •ti: � P�� !�� - .- p�' _ l ,� ��,L �, f� ja'l . � ��.��t S'P��_ i l � _ _ UTY OF FRiDLEY � ERIDLEY MUNICIPAL CENTER • 6�131 UNNERSITY AVE. N.E. ERIDLEY, MN 55432 •(612) 571-3�50 • FAX (612) 571-1287 September 3, 1999 Mr. Rick Nye & Mr. Karl Brietbarth 5477 E. Danube Fridley, MN 55432 Dear Sirs: Per Minnesota Statute 15.99, local govemment units are required to notify land use applicants within 10 days if their applications are complete. We received an application for a variance on August 27, 1999. This letter serves to inform you that your application is complete. " Your variance application hearing, discussion, and action will take place at the City of Fridley Appeals Commission Meeting on September 22, 1999 at 7:30 P.M. in the City Council Chambers at 6431 University Avenue. If you have any questions regarding this letter or the process, please feel free to contact me at 572-3593. Sincerely, Paul Bolin Planner PB C-99-157 !'.'� NESS DONALD S 10590 RADISSON RD NE BLAINE, MN 55434 LINDSTROM THOMAS N& LINDA J 1408 W DANUBE RD NE FRIDLEY, MN 55432 HUISENGA RICHARD D & LINDA 1412WDANUBERDNE FRIDLEY, MN 55432 HOLLY MICHAEL A 8� MARY E 1417 W DANUBE RD NE FRIDLEY, MN 55432 HOKANSON LARRY 1420 W DANUBE RD NE FRIDLEY, MN 55432 HERDENDORT BOYD G& MEGAN F 5467 E DANUBE RD NE FRIDLEY, MN 55432 CORGARD LEROY R& DARYL D 5495 W DANUBE RD NE FRIDLEY, MN 55432 LOMEN CORDELL E 8� KOETHE P L 5501 W DANUBE RD NE FRIDLEY, MN 55432 ZOWNIROWYCZ ROMAN & LESIA 5527 E DANUBE RD NE FRIDLEY, MN 55432 TAYLOR TIMOTHY S& JILL M 1404 W DANUBE RD NE FRIDLEY, MN 55432 DAHER MICHAEL D& LINDA S 1410WDANUBERDNE FRIDLEY, MN 55432 SHELLEY DONALD R 1414 W DANUBE RD NE FRIDLEY, MN 55432 �� CURRENT RESIDENT 1418WDANUBERDNE FRIDLEY, MN 55432 CURRENT RESIDENT �" s � 1510 N INNSBRUCK DR NE FRIDLEY, MN 55432 OLDS JEANNIE L TRUSTEE 5468 W DANUBE RD NE FRIDLEY, MN 55432 BALLARD WALTER W III & MERLINE 5497 E DANUBE RD NE FRIDLEY, MN 55432 MACKENTHUN STEVE & SANDRA 5502 W DANUBE RD NE FRIDLEY, MN 55432 STEPPE BRYAN W& JANET L 5528 W DANUBE RD NE FRIDLEY, MN 55432 � GONSALVES ALEXANDER P& S M 1406 W DANUBE RD NE FRIDLEY, MN 55432 SWORSKY RICHARD G& C M 1411 W DANUBE RD NE FRIDLEY, MN 55432 MANGALICK AMIR-CHAND 8 S 1415WDANUBERDNE FRIDLEY, MN 55432 KLEIN BRENDAN M 8� CHERYL A 1419 W DANUBE RD NE FRIDLEY, MN 55432 OLSEN D R P A& HUME M E 5457 E DANUBE RD NE FRIDLEY, MN 55432 BREITBARTH KARL D& NYE R A 5477 E DANUBE RD NE FRIDLEY, MN 55432 HARMON ROGER C& DEBORAH A 5498 W DANUBE RD NE FRIDLEY, MN 55432 HUFFMAN RHONA L 5505 W DANUBE RD NE FRIDLEY, MN 55432 SCHULTL NORMAN L 8� KAREN M 5535 W DANUBE RD NE FRIDLEY, MN 55432 BLAKE DAVID M& DARLENE M JUNGQUIST JEROME K SCHULTE DAVID E& KATHRYN C 5544 E DANUBE RD NE 5547 E DANUBE RD NE 5554 E DANUBE RD NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 �'"'� LINDSTROM VIRGIL W & KAREN 5555 W DANUBE RD NE FRIDLEY, MN 55432 OTREMBA EDWARD J 8 OLETTE C 5567 E DANUBE RD NE FRIDLEY, MN 55432 HARSTAD KEITH T 8� DIANE Bad Address 2 FRIDLEY, MN 0 FREEBURG PATRICIA R 5557 E DANUBE RD NE FRIDLEY, MN 55432 FRIDLEY CITY OF 6431 UNIVERSITY AVE NE FRIDLEY, MN 55432 /"'� MENON CHRISTOPHER & KOREEN 5564 E DANUBE RD NE FRIDLEY, MN 55432 HARSTAD KEITH 8� DIANE Bad Address 1 FRIDLEY, MN 0 � � CITY OF FRIDLEY PUBLIC HEARING NOTICE BEFORE THE APPEALS COMMISSION TO: Residents within 350 feet of 5477 East Danube Road CASE NUMBER: VAR #99-22 APPLICANT: Rick Nye and Karl Brietbarth 5477 East Danube Road Fridley, MN 55432 Petitioner or representative must be at meeting. PURPOSE: To reduce the side yard setback from 5 feet to 3 feet to allow the construction of a stairway LOCATION OF PROPERTYAND 5477 East Danube Road LEGAL DESCRIPTION: Lot 7, Block 1, Innsbruck North 2"d Addition DATE AND TIME OF Appeals Commission Meeting, September 22, 1999, at HEARING: 7:30 p.m. The Appeals Commission meetings are televised live the night of the meeting on Channel 35. PLACE OF Fridley Municipal Center, City Council Chambers HEARING: 6431 University Avenue HOW TO 1. You may attend hearings and testify. PARTIC/PATE: 2. You may send a letter before the hearing to Scott Hickok, Planning Coordinator, or Paul Bolin, Planner, at 6431 University Avenue N.E., Fridley, MN 55432 or fax at 571- 1287. SPEC/AL Hearing impaired persons planning to attend who need an ACCOMMODATION: interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than September 15, 1999. ANY QUESTIONS: Contact Scott Hickok, Planning Coordinator, at 572-3599, or Paul Bolin, Planner, at 572-3593. Mailing Date: September 13, 1999 ^ �, City of Fridley Land Use Application VAR-99-22 September 22, 1999 GENERAL INFORMATION SPECIAL INFORMATION Rick Nye & Karl Brietbarth 5477 East Danube Road Fridley, MN 55432 Requested Action: Variance Purpose: Variance to reduce side yazd setback for stairway construction. Existing Zoning: Residential - 1 Location: 5477 E. Danube Road Size: 14, 70D sq. ft. .34 acres Existing Land Use: Single Family Home Surrounding Land Use & Zoning: N: Single Family & R 1 E: Public Facilities & P S: Single Family & R 1 W: Single Family & R 1 Zoning Ordinance Conformance: 5ec. 205.07.03.D.(2).(b) requires a minimum side yard setback of 5'. Zoning History: Lot platted in 1960. Home built in 1977. Deck built in 1996. Lega1 Description of Property: Lot 7, Blk 1, Innsbruck 2� Addition Council Action: October 11, 1999 Public Utilities: Home is connected Transportation: Home is accessed via E. Danube Physical Characteristics: Covered by grass, trees, and home. Si;f1VIMARY OF PROJECT Rick Nye and Karl Brietbarth are requesting a variance to reduce their required side yazd setback from 5' to 3' in order to construct a deck and stairway to access their back yazd SUNIlVIARY OF HARDSHIP "We feel that this type of smscture would be necessary because of the dangerously steep slope from the utility door to the back yard atad that without it would create an unsafe walking parh to our backyard. „ Si:fMMARY OF ANALYSIS City Staff has no recommendation on this request as it is within previously granted dimensions. VAR #98-10 148 Talmadge Way • Setback reduced to 3'. VAR #99-10 7412 Concerto Curve • 5etback reduced to 3' (View of existing garage) Staff Report Prepazed by: Paul Bolin ,� �. � . � � a ��. II 1 1 Rick Nye and Karl Brietbarth, petitioners, are seeking a variance to reduce the required side yazd setback from 5' to 3' in order to construct a deck and sta.irway to access their backyazd from the garage service door. The home is a walkout style built on a steep slope. The home was built in 1977, but due to the steep slope, there has never been easy access to the reaz yazd. Currently, the peritioners utilize the neighbors yard, where the slope is not quite so steep, to access their rear yazd. The variance, if granted, would allow the petitioners to access their rear yard without using the neighbors property and to store their firewood in back of the home rather than on the side of the garage. �taff Re�r�mmendation City Staff has no recommendation on this request as it is within previously granted dimensions. The City has previously granted variance$ to reduce the side yard setback for garages and decks to 3'. Following aze two recent examples. VAR #98-10 148 Talmadge Way • Reduced side yard setback to 3' for a gazage expansion. VAR #99-10 7412 Concerto Curve • Reduced side yard setback to 3' for a garage expansion. Stipulations 1. All necessary pernuts shall be obtained from the City prior to construction of addition. AUG-26-1999 15�29 August 26, 1999 �CENNEDY SCALES City of Fridley Atte�ion: Mr. Paul Bolin 6431 University Avenue NE Fridley, MN 55432 ^ 1 612 784 1206 Page: 1 of 1 Fax: 612-571-1287 Re: Deck / Stair plans for 54�7 East Danube Road, N.E. (Residerrtial) Mr. Paul Bolin: Af�er you have reviewed the following information, we are asking that the board approve the variance regardin� the building of the deck and sta�rs as per the plans fiunished by our contractor. Pleass atta,ch this additiona] infora�ation to the Request for Variance Application submitted, by our contract�r, on our behalf. Tl�'is was done today along with the required $b0.00 f+ee. The utility door off of the right side of our house had an unsafe tanding that led oaly to the �ont of the house / garage. We would like to build a deck that would ac�ommodate a stair that would lead down the back of the house / yard, as well as allowing us to go to the front. We feel that this type of stcucture would be necessa�y because of the dan,gerously steep slope &om the utility door to the back yard and that without it arould create an unsafe wallcing path to ow back yard. We cwrent]y have permission from our neighbors, Boyd & Megan HerdendorF, to wallc on their property, where it is less steep, to get to our back yard. BY ha�8 �s struchue built as our conttactor has submitted would allow us access to our own back yard, via the deck stairs, rather than walking on aur neighbar's yard with any items that we have stored in our g�rage. 'This would also aliow us to store our firewood below and in bac1� of atu home rather t,han on tlae side of the garage where it could possibly be seen from the street. If you have any questions ar need more infvrmation, please feel free ta contact esther R.ick or myself at tbe address or phone nwnber listed below. Thank you for your help. Sincerely, Karl Breitbarth / Rick Nye 5477 East Danube Road, NE Fridley, MN 55432 612-574-0975 (09/22/99 -- Boar� Meetiag Cyty Hall, 7:30pm) P.01i01 TOTAL P.01 i"� r"� APPEALS COMMISSION ME� i ING, SEPTEMBER 22, 1999 PAGE 4 Mr. Bolin stated City staff re� stipulations. This request is 4.4 feet at 150 Talmadge W Mr. McGowan, 16949 Potomac need for the variance was when �ends approval of this variance request with within previously granted dimensions–from 10 feet to id from 10 feet to 6 feet at 6654 East River Road. ;et, Forest Lake, stated the first he knew about the applied for a permit to build an addition to the home. Mr. Kuechle asked Mr. McGowan � he is aware of the stipulation. Mr. McGowan stated that he becam�aware of the stipulation when he applied for the permit. MOTION by Dr. Vos, seconded by Ms�Mau to close the public hearing. UPON A VOICE VOTE, ALL VOTING �YE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE PU LIC HEARING CLOSED AT 7:48 P.M. Mr. Jones stated that he does not see this\any problem with this request and would vote in favor of the variance request. MOTION by Ms. Mau, seconded by Mr. Jon s to approve the Variance Request, VAR #99-23, to reduce the required side yard setb ck from 10 feet to 6.5 feet to connect an existing non-conformity on Blocks 11-12, Bloc C, Riverview Heights, generally located at 561 Lafayette Street with the following stipul tion: 1. All necessary permits shall be obtained from addition. UPON A VOICE VOTE, ALL VOTING AYE, CHAI THE MOTION CARRIED UNANIMOUSLY. City prior to construction of the ERSON KUECHLE DECLARED 3. PUBLIC HEARING CONSID-E�A�1O�!-OF VARIANCE REQUEST,:�TAR�-��; -� �Y RI�K_-f�YE-AI�Ql�A�L--BF�aE�BAF��H:' — _. – --- Per Section 205.07.03D.(1) of the Fridley Zoning Code, to reduce the side yard setback from 5 feet to 3 feet to allow the construction of a stairway on Lot 7, Block 1, Innsbruck North 2"d Addition, generally located at 5477 East Danube Road. MOTION by Mr. Jones, seconded by Dr. Vos, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE PUBLIC HEARING OPEN AT 7:50 P.M. Mr. Bolin stated that Mr. Nye and Mr. Brietbarth, are seeking a variance to reduce their side yard setback from 5 feet to 3 feet. This is for a deck and a stairway to access the back yard at 5477 East Danube Road. This access would be from the garage service �""`, � APPEALS COMMISSION M�_ fING, SEPTEMBER 22, 1999 PAGE 5 door. The City code does require a minimum side yard setback of five feet. There are three or four sections of the code that address encroachments from decks, but nothing can be closer than five feet in the side yard. The home is zoned R-1. The properties to the north, west, and south are zoned R-1, single family also. The property to the east is Spring Lake Park. This home was built in 1977. In 1996, a deck was added onto the back of the home. There is a considerable slope that goes from the front yard down to the rear yard. It is a walkout style home. Mr. Bolin stated the petitioner's hardship is as follows: "We feel that this type of structure would be necessary because of the dangerously steep slope from the utility door to the back yard. Without it, it would create an unsafe walking path to our back yard." Mr. Bolin stated the petitioners are currently accessing the back yard through the neighbor's property. The neighbor does not have a problem with this. City staff has no recommendation on this request since it is within previously granted dimensions. The City has previously granted variances to reduce the side yard setback for garages and decks to three feet from 5 feet to 3 feet in the side yard at 148 Talmadge Way to allow a garage expansion and from 5 feet to 3 feet in the side yard at 7412 Concerto Curve to allow a garage expansion. If the Appeals Commission approves the variance, staff recommends the standard stipulation requiring the petitioner to obtain all necessary permits prior to construction of the deck and stairs. The petitioner is looking at putting stairs up to a 5-foot by 12-foot landing area with stairs coming down to the rear yard. The stairs would fit in with the architectural character of the home. Dr. Vos asked how far away the neighboring house was from the yard. Mr. Bolin stated it was about 25 feet. Mr. Brietbarth and Mr. Nye, 5477 East Danube Road, stated that the reason for the setback is because the fireplace chimney comes down right there so they need the setback to fit the deck around the chimney. Dr. Vos stated that the neighbors next to the setback are quite far away. He is concemed about the impact it would have on the neighbor. Mr. Bolin stated that the setback would have to be ten feet back if the space next to it was living space. If it was garage space or an attached deck, or an accessory structure, they would need five feet. Dr. Vos stated that this would not impact the neighbor's house directly because it came out closer to the lot line. Sometimes space is needed for fire vehicles; but, in this case� there is enough space. MOTION by Dr. Vos, seconded by Mr. Jones to close the public hearing. n r-'�, APPEALS COMMISSION M��TING, SEPTEMBER 22, 1999 - PAGE 6 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:00 P.M. Ms. Mau stated that she can see the need for the setback. It is a hardship to have to come away from the chimney. The home next to it is far enough away so it will not be impacted. As long as no neighbors have raised any objection, she would not have a problem with it. Mr. Jones stated he can see the hardship and the fact that the neighbor's house is far enough away to not have a direct impact. He would vote in, favor of this request. Mr. Kuechle concurred and that the impacts are minimal. MOTION by Mr. Jones, seconded by Dr. Vos, to approve the Variance Request, #99-22, to reduce the side yard setback from 5 feet to 3 feet to allow the construction of a stairway on Lot 7, Block 1, Innsbruck North 2"d Addition, generally located at 5477 East Danube Road with the following stipulation: 1. All necessary permits shall be obtained form the City prior to construction of the stairway. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. JOSEPH BYDLON: Per Section 205.07.03.D.(1) o the Fridley Zoning Code, to reduce the front yard setback from 35 feet to 5 feet t correct an existing nonconformity; Per Section 205.307.03.D.(1) o the Fridley Zoning Code, to reduce the front yard setback form 35 feet to 32 feet t allow the construction of a second accessory building; Per Section 205.04.05.B of the Fri I accessory building in the front yard, Per Section 205.04.05.B of the Fridl a new accessory structure in the fro division No. 23, generally located at ey Zoning Code, to allow an existing MOTION by Mr. Jones, seconded by Ms. M hearing notice and open the public hearing. � Zoning Code, to allow the construction of yard on Part of Lo# 14, Revised Audito�'s �54 Riverview Terrace. UPON A VOICE VOTE, ALL VOTING AYE, CI THE MOTION CARRIED AND THE PUBLIC H to waive the reading of the public �ERSON KUECHLE DECLARED NG WAS OPEN AT 8:03 P.M. Mr. Bolin stated that the petitioner is requesting thi variance to allow an existing accessory structure to be located in the front yard 'th a five-foot setback. The petitioner would also like to construct a second acce sory building in the front yard with � � f' _ �i:, C�IYOF FRIDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNNERSITYAVE. N.E. FRIDLEY, MN 55432 •(612) 571-3450 • FAX (612) 571-1287 APPEALS COMMISSION ACTION TAKEN NOTICE September 28, 1999 Rick Nye and Karl Brietbarth 5477 East Danube Road Fridley, MN 55432 Dear Messrs, Nye and Brietbarth: On September 22, 1999, the Fridley Appeals Commission officially approved your request for variance, VAR #99-22, to reduce the side yard setback from 5 feet to 3 feet to allow the construction of a stairway on Lot 7, Block 1, Innsbruck North 2"� Addition, generally located at 5477 East Danube Road with the following stipulation: 1. All necessary permits shall be obtained from the City prior to construction of the stairway. You have one year from the date of the Appeals Commission action to initiate construction. If you cannot begin construction during this time, you must submit a letter requesting an extension at least three weeks prior to the expiration date. If you have any questions regarding the above action, please call me at 572-3593. S�nce ely, � Paul Bolin Planner PB:Is Please review the above action, sign below, and retum the original to the City of Fridley Planning Department by October 12, 1999. �,°� �� oncur with action taken.