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VAR-1976._.� ;, ___ _ - - - . suu�ecr � �,� /�v�.� �;i.ty c�� 'rit�lt�y � Sd - �� AT llll TO�' Of' 7lIE TN/It�S AP{'LIC�'1TION TO �()ARU 0� �1PPE/1LS , , , � . � • (;CIRAMUNffY DEVf:LOf'�AENT DIV. , i.�_...."", r � � PROTfiGTIVE IN;;P['CTIO��i SEC. 1 . � � � � i----� � CITY NALL FHIDLEY 5547[ �+��af+�H REV. DntE anGE c�c J nNi��ov[u ur � �.,_..i�J �� G12-560-3•150 r 910-].� 23 1 3/21/7_� 1 7_ F300 Name �/ /I � /� 7�ddr.ess �S`<Y `/ %,3� -'s Pl�one c�� `5��5'� �(O`�� a.G S-Y-�-��r �"' i. 7' �' dy i' Lega1 Lot No. Ploc}: No. Tract�'� r Addn. Description ;�*,�- f y %/ f�-�•c!-,� �� .->� �-- �i. Va.riance 2:equest(s); including stated hardships (attach nlat or survey of properi:y sho��ing building, variances, etc., where api�licable) Clc-��c�.-a-�� ...�sC,�.,�,c.c,��,�`' /� ��r..c�/ �� -�` ��'�t-c� ,, f �.�..� ��:� � =�� e ��_ .�� a s' � s3 � �3, a Meeting Date ree F.eceipt I>lo. Signa � re - _ � .� _ ��/ �`r s'O • vo 8� �% 7" � Y��-.-��1 ,..�� % �° - � -----� Comneni�s & Reconunendat�_ons by the Roard of_ Appeals � CiL-y Counczl 1lction and Date ,� � �d Date j `� j�� _ --__- --------- . ._ _-- . ..--- i` ,� � �,:ity uf'� �� i•it�lt�� • jf Y AT T114: '[OF' C)F' IViF: iNlltl;i i �«C. ti � � � ' 4L-,_-_ (.OMMUNITY �FV[lUl'^d�N7 pIY. r � wr� PEtOT[CTiVE INSF`[GTIOtd SEC. I � � � � � � i'�'-t : CtTY fIALL FRIDLEY 5;4g2 ---�.� `.1 �-- 6�?.5co.3asu Staff CommenLs :,UNJtGf l�!'PL I CI�T I O« TO �O�f�D OF Af'f'EI�LS (Staff Rcport) riUti�ui�.H nEV. Unit 1•nbE UF avv�tOvt.0 Gr 910-I'23 1 3/21/75 2 2 £300 Board members notified of ineeting by 7- �3 � 7 6 � date notified, and "Yes" or "i�o" for plans to a�tend hearingl. Name a Schnabel _ List members, ' Plan Date To Attend 7-�� -y� Pearson making appeal and the following prop�rty o�aners having property within 200 feet notified: By ��Thom ' . Name Date Phone or Mail Notified Mr. & Mx's . Curtis Wahlberg-265 Ely Street N.E . ,�,��, �� , Mr.o& Mrs. Patrick Bauer -251 Ely Street N.E. —M�-€i- . . ".�'._ Pauser ` zz ....�..��.74,.�. ..��. ....�... .-....,,,..:.�...r.��, ..... JJZ1V Mr. & Mrs. Robert Tummel - 223 Ely Street N.E. • . . o r r- i er y r. . Mr. & Mrs. James Zukowski-249 Liberty St. N.E. . . in ie a a- i er y . .. Mr. & Mrs. Francis Poehler -229 Liberty Str. N.E "`—'l�i.e`:° &" , ugene rau e- i er y ree •� . Mr. & Mrs. Donald Hoff 215 Liberty Street N.E. r, s. i iam icora i er y ree . l�r. & Mrs. Marshall J'ohnson-200 Ely•Street N.E. r. rs. war is op- y t. .. Mr. & Mrs. Bryan Kohl-220 Ely Street N.E. . , arence o ews i- y ree . : Mr. & Mrs. Darrel Nystrom 238 Liberty Street N.E . e s- y ree . . —" Mr. & Mrs. Eugene Erickson-264 Ely Street N.E. Mr, &.Mrs. Ke eth BRUSTAD 272 El St:�i N,�r, & Mrs. Ju .�ius Vetvick-Bat�view tStar Roiz�e #1 Pequot I;a kes;`� Mn 56472 . �`�' OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE APPEALS COMMISSION TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN that the Appeals Commission of the City of Fridley will meet in the Council Chamber of the City Hall at 6431 University Avenue Northeast on Tuesday, July 27, 1976 at 7:30 P':M. to consider the following matter: A request for a variance of Section 205.053, 4, (B,2) to reduce the required side yard from 13 feet to 12 feet to allow the construction of a house and garage, located on Lots 33 and 34, Block 11, Spring Brook Park Addition, the same being 238 Ely Street N.E. (Request by Rodney Sandman, 3511 173rd Lane N.W., Anoka, Minnesota 55303). Anyone who desires to be heard with reference to the above matter will be heard at this meeting. VIRGINTA SCHNABEL CHAIRWOMAN APPEALS COMMISSION Note: The Appeals Commission will have the final action on all residential variance requests unless there are objections from the surrounding neighbors, the City Staff, or the peti�ioner does not agree with the Commission's decision. If any of these events occur, the r.eq�est will continue to the City Council through the Planning Commission with only a recommendation from the Appeals Commission. A. : Number � ADMINISTRATIVE STAFF REPORT 238 Ely Street N.E. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.053, 4(B,3) On lots up to 60 feet in width without an attached garage, at least one side yard of 13 feet is required in order to allow access to the rear yard attached garage. STATED HARDSHIP: Lesser house size would be too restrictive and petitioner is contracted to build the house which is proposed. C. ADMINISTRATIVE STAFF REVIEW: 238 Ely Street N.E. is a 60 foot wide lot. The petitioner has been issued a building permit for this lot to build the size of house proposed, provided he be granted a variance to do so. Should the request be denied, he will be obligated to reduce the size of the house by one foot. Apparently the petitioner is already contracted to build the house as proposed. The house to the East (228 Ely Street) is located ten feet from the common property line on the side for which the variance is requested. If approved, this would leave 22 feet between structures with an i:ntervening driveway. The plan shows a door opening into this driveway area on the West side of the proposed �ouse. This doorway should be deleted from the house plan in order to avoid limiting this driveway area. Staff feels that the neighbor to the East would be the most interested party in this request. Staff has no objection to this variance request. r � _�_.. ___ __� . , C r ' ; ! �A � , , ' - --� � --�---- �-;--��:---- ��%70 � ts;� 'i ' � �.j, r� �,t� �-._.�..,� ..._..._�.._ �_,�_ %�� I� --- , ; I ,q : v j �! � �, � ; � , , "�', � � ( � � r ..i�l; I -�- ; � � �►- ' ' il�r�' ' ; � � ' '' � � � ; � 1 ' !� J . I � ,: � ; � j , � ;� p ' .t / i : + � �.��; I�eL �' , ti � � � 1��' �+ � � i:t � 9 I� r-i' _�� .; °°`,v;::��' i'�� 4�` P' ' � � � � >�. � ' •� �� E � �' Y I � I� 9�:�� `� � 4-._ . _._ _ --1 .�T��-,�_.� j � ,.- ---�--�-1 R-•-�, �...- /f ,� T. t.E.1��C..Ii.� Pii. `v�: i1Y �.Ue�1l.fli�t�tJ. � .., �� 0 S UBf�l�1 S►4�V ` (izoo� � , 2 � y Nor�'I.ern Pvcific R�wCo. �' � Greof NoNbern R/,� co. b a /8. 6S AG. [� • £, //4 CORNER SEC. 22 � • :� .= o � a i q� t � H :, ��- . ` ��`� I � _ i � __ P/J2JYlF7 _ _ j � ! � � ..: ss. a �..., a ��:.-.- --�--�-- �. � � . ti , t� � �-,}--�'_�. �� ' AS L �'�Z)s C4 ` T J:6.N �� ".." 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Fridley Appeals Commission Meeting of Jul,y 27� 1976 Page 6 �..�.��.: y �� P•�U'i'IU1v b,y Kemper� seconded by Barn�, that the Ap�eals Commi^ on recommend to Cit,y Counril annroval of the renuest f�r variance to r'.. the 100 square feet maximum size of a free-standing si�n in C-?_S zoni o 108 square feet, with two stipulations: 1) The Cit;;r Administratio ._, ould be advised that since it is a 2!t �iour si�n, if the busine�s is not en ?_!1 hours, action should be taken to remove the sign� and 2) The bann , mu�t come dotan. 1�Ir. Holden sizggeste� adding , t the additiona]. si�n not be any closer than 10' from the center lin the road, but added that iaas paxt ot' the Code. UPON A VOICE VO , all voting aye, the motion carried unanimou�ly. Chairpe on Schnabel ini'orrned I�ir. Vargo that this would noja go before the Cit ouncil on August 16th for their reviewal. RE�UEST FOR A VARlANCE OF S�'CT10N 205.053� !t, (B,2) TO HEDUCE THE REC�UIRED SIDE YARD FRu2�i 13 FEET TO 12 FEET TO ALL0��1 THE CO,�vS'I'RUCTlON Or' A HOUSE A�vD GAc�,AUE, LOCAT� oN LoTS 33 ��1� 3� �3 CK 11, SPRIPJG Bi�00K PARK ADAITlOi�, THE SAi�lE BEIN IDL�:Y, Z�I.LNIdESOTA. (Request by Rodney 5andmon, - rd Lane N.Z�T., Anoka, Minnesota 55303). MOTION by Barna, seconded by �abel� to open the public hearing. Upon a voice vote, all voting aye, tne motion caxried unanimously. `� << � ADMINISTRATItTE STA�'F REPORT A. PUBLIC Pt3RPOSE SERVED BY RE��UIR��•IEN'1': Section 205��53, �t (B,?). dn lots up to 60 feet in width without an attached garage, a� least one side yard of 13 feet is required in order to a11ow access to the rear yard detached garage. B. STATED HANDSHIP: Lesser house size would be too restrictive and petitioner is contracted to build the house which is proposed. C. ADP�iINIS'1'RATIVE STAt�'F' REVI��: 23� Ely Street, N.E. is a 60 foot t,ride lot. The petitioner has been issued a building permit for this lot to build the size of house proposed, provided:,he be granted a variance to do so. Should the rec,uest be denied, he will be obligated to reduce the size of the house by one foot. Apparently the petitioner is already contracted to build the house as proposed. The house to the East (228 Ely Street) is located ten feet from the common property line on the side for which the variance is repuested. If approved, this would leave 22 feet between structures with an intervening drivetaay. The plan shows a door opening into this drivei�aay area on the West side of the proposed house. This doorway should be deleted from the house plan in order to avoid limiting this driveway area. Staff feels that the neighbor to the East would be the most interested party in this request. Staff' has no objection to this variance request. Rev. Sandmon was present to explain his request. Mrs. Gabel asked if t}iis house was on the same street that the alley vacation request was on, and Rev. Sandmon replieci it was. He explained he wanted to build a house and garage and was just �� '��`-'^ Fridle,y Apneals Commission Meeting of July 27, 1976 Page 5 , Y C. .ADi-ilNi�TKA`PIVE STAr�r� xEV��.`W: The petitioner is presently using temporary banner� saying "Open ?_li Hour�" which are considerably more detracting tha.n the I?_ �:c�ua:e foat sign pronosed. The existing 96�snuare foot si�n i.s located 2!t feei behind the curb and is' illuminated. The sign is well kept and properly maintained. Sta.ff �eels that this is a reasonahle re�uest, but ��rould like to encourage that t^e additional sign be of such a design as not to detract from the ap:�ear:sice of the original sign. ?-,r. Craig J. Vargo, o�,mer and ma.nager of the Tot•m Crier Pancake House, was �resent to �xplain the request. Ne apolo�ized for not bein� at the last meeting. He stated that at the present time they had a temporary plastic banner sa,ying "Open 2It 'r.�urs", anc� showed the iioard a picture of the proposed sign �•ahich �•rould sit directly below the light. He said their option would be to take that light o�t and pu� the neh sign directly underneath the original sign. i�Ir. Vargo explained �ne new sign would have a broi•m background with yellow lettering, and ��ould b� r:�de by Sign Crafters. Nir. Iiemper asked the purpose of the light� �nd Tir. Vargo said it was put in ;•rhen the building was buil.t to t�r to stop a dark shadow.� i�irs. Gabel asked if �he sign had been checked out as far as height, and P�ir. Vargo said it z•ras plenty high enough, but he didn't know if there was a minimum. tir. Kemper stated it had to be 12' of'f the ground, and i�ir. Vargo said it would be. Chair�erson Sch.nabel said the preliminar,y sketch of the sig showaiit would be 25' from the ground to the top, and the sign �•rould measure 8' long by 12� wide. I•1r. Holden said the minimum height iJas 10', and that looki g at it he thought there would be adequate room with about 8 or 9 feet to pla� with. Chair�erson Schnabel asked if the sign would be illuminate , and P�7r. Vargo replied ii would. He explained there would be two separat signs, and each side would be illuminated from within. Iie saia it would 1 ok like one sign. i-lr. Holden commented that he tnou�ht the Town Crier sign vr s the best looking of all tne other ones there. P•ir. Kempe: asked what would be done with the sign if, for Pancake House �.ouldn't stay open 2� haurs. P•fr. Vargo said were to stay open 2!t hours, but if that changed they would added that if he wasn't at that location, he would hope th it do��n. �s. Holden said he dian't think it woul.d be out stipulation that if the sign isn't being used it would hav Tlrs. Schnabel asked hir. Holden if this would be revie��ed y replied he did not know hoca often it Z,rould be revielaed. ,�I01'ION by Plemel� seconded by Kemper, to close the public ��oiee vote, a11 voting aye, the riotion carried unanimously ome reason, the their intentions take it doum. He company would take f order to add a to be taken dotv-n. arly, and �Ir. Hold.en ing. Upon a i;r. 1>arna s�:id '�c would have no objection to this sign at 11. He said he thought pz�ple driving by on that busy street iaould like t know there was a restaurant apen 2!t hours a d�y. ,i . �- r'ridley A�peals Commission Meeting of July 27, 1976 Page 7 . � one iaot short of code. }�e statEd he had 12' and he needed 13'. He said his house was 3B� long, and showed on a diagram where the driveway and garage would be. i�e said the garage would be back 32', and he eliminated the kitchen door so t:�ere .roulc be notning in.�the aay. 1�Ir. Holden explained if ihat door �rrere to s��ring out it would limit the already small driving space. t-Ir. Plemel asked if there would �e a problem dropping the one foot, and fiev. �,u�'c�-:on said t:�ere :•!otild be. He �tated the kitchen was quite sma11 alread,y� and it would also make an adr3iticnal ex.pense. Cnairperson Schnabel said that according to the Staff Report the existing nouse next door is 10' from tne lot line, so if this request was granted, there r;oulc still be 22� bet�•�cen the t;,o structures. Kev. Sandmon commented that he nad taliced to the neighbor it would af�ect, and he �aid that as far as he �•ras concerned there t��as no proble:,�. I:rs. Schnabel asked if he intended to live in this nouse himself, and he re�lie�? he did. Chairperson Sc:.nabel said that it see;�:ed the only other alternative would be to as : hir: to remave one i'oot ofi of t:�e bedroom sicie of the house, making tne bedrooms 1' shorter. i•ir. �arna poi.nted out that the bedrooms were not very big to begin ��rith. i�irs. Schnabel asked how soan he planned to begin construction� 2nd Rev. Sandmon replied as soon as possible. He added he had already started on the garage. ?`OTIGia by Barna, seconded by Gabel, to close the public hearing. Upon a voice vote, all votin� aye, the motion carried unanimously. :•:r. Plemel com�ented that he :�rould be in favor oi� tnis variance since it Vras only 1'. Chairnerson Scnnabel stated that in addition to the hardships ti�hich Stafi had stated� it should be no �ed t�-!at it wouTd be sornetahat of a financial nards:zip to the petitioner to reduce tne size ot' the house as changing plans ,aould cost more. A`0`1'IG."+ by Plemel, seconded by Barr.a, that tne Appeals Commission approve the reauest for variance. Upon a voice vot�, a11 vuting aye� tne motion carried unan�:�ouslti . 1�xs. Gabel stated that she would like to conunent that she thou �t the �50 �. ior requests for variances for residential purposes was ridiculous and some adjustment should be made. ;��r. li�xna �greed that for owner-occupied hornes� j50 was excessive. �Ir. Iiemper asked who changed the fee from �15 to $50, and i•irs. Uabel replied the City Council. Pi0T10�� by Uabel, seconded by �arn�, that the City Council reconsider the fees for variance requests on owner-occupied residential properties as the Appeals Commission feels the $50 fee required is excessive and feels �25 maximum caouZd be sufficient. Upon a voice vote, a11 voting aye, the motion caxried un ani-��u s ly. :�