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AF-VAR - 45379,£ . � � C��ti'Co� �� t �"'r'��'�`� suEUCCr ' `� (:ity c�f k� ricil��y �' AT JHE TOP OF THE TN/INS PEALS ;,�, AP�PLICATION TO BOARD OF.AP i � �� � COMMUNITY DEVF.LOF'MENT D1V. � �•L _.�_�.• r � � pROTECTIVE INSPECTION SEC. 1 . i i � �"�'1 � CITY HALI. FRIDLEY � 55432 NUMbEH �.R[V. DATE f'nGE OF APVf:OVED bY �•---h= �•� s�2-se��-saso 910—F23 � 1 3/21/75 ,1 2 800 Nam ddress � Phon � � � .� L� ��� - Legal � t No. Block No. T ct or Addn. Description � / (r S Variance Request(s); including stated hardships (attach plat or survey of property showing building, variances, etc., where applicable) � � // �J .i ' - sC�C� /J ' � � o �l � / .' - �3 � �,Q�,,.,� r S�� . � . � _ . . D te -� 6 � Meeting Date F�ee Receipt No. Sig ure -, , � -1 I � � �o ���.. � Q � ; Comments & Recommendations by �. . , the Board of Appeals � ��' � `7'i'1.�.(�d�l� �:LQ . ��-� � . �,, ,� _ U,� P � City Council Action and Datc • - ! � SUPJtGt � ,• C�ity of �.� i•iillcy �PPLICATIO�J TO BOARD OF APPEALS AT TNE 70P OF THE TN/tNS r � �4 ��_�_� COMMUNITY DEVELOPMENT DIV. �Staff R(.'�iOY�t� � L � PROTECTIVE INSPECT►ON SEC. � 1 � ' • 1 •! � j • ��"��; � CITY HALL FRIDLEY SS4$Y NUMf�F.H HEV. UATE � i'AGE OF APPNOVEU.bY ���~-�' '� 6�2-56U-3a50 � - 91D-=F23 1 3/21/.5 2 2 800 Staff Comments , ' Board members notified of ineeting by �,�� ,t ����!� ���_• List members, date notified, and "Yes" or "No" for plans attend hearin . " Plan Date To Attend Name /� / �/ � l , , ,{. ' • ,� � i . '�., ! . n � . , ., � �— /' %�7 4 � �� � �f1G '�1�.t 11C� � . . � --- � VZ� Pearson making appeal and the following property owners having property within 200 feet notified: , � By Whom . 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PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.053, iA, lot area requirement of 7500 square feet. Public purpose served by this section is to avoid the condition of over crowding of the residential neighborhood. Also to avoid excess burden on the existing water and sewer services. B. S�'rED HARDSHIP: Lot as platted is undersized. C. ADMINISTRATIVE STAFF REVIEW: Staff research and picture� indicate that there are several other houses built on 50 foot lots in this immediate area. This lot is serviced with sewer and water, as are most other 50 foot lots in the area. The lots on either side of 533 Glencoe Street are already developed. Unless there is some objection by the neighbors, Staff has no objection to this variance request. QFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEF'ORE 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 7:30 P.M. on Tuesday, May 11, 1976 to consider the following matter: A request for a variance of Section 205.053, 1B, Fridley City Code, to reduce the lot area, for a lot platted before Decesnber 29, 1955, from 7500 square feet to 5500 square f eet, to allow the construction of a dwelling to be located on Lots 17 and 18, Block H, Riverview Heights, the same being 533 Glencoe Street N.E., Fridley, Mn. 55432. (Request by A. L. Williams, 947 - 86th Avenue N.W., Coon Rapids, Mn. 55433.) Anyone wl� desires to be heard with reference to the above matter will be heard at this meefing. VIRGINIA WAHLBER6 CHAIRWOMAN APPEAIS COMMIS5ION NOTE: The Appeals Commission will have the final action on this request, unless there are objections from surrounding neighbors, the City staff, or the petitioner does not agree with the Board's decision. If any of these events occur, the request will continue to the City Council tnr.ough the Planning mmmission with only a recomauendation from the Appeals Commission. . ,� FRIDLEY APPEAIS COMMISSION HIEETING OF MAY 11� 1976 - PAGE % .. 6. A REQUFST FOR A VARIANCE OF THE FRIDLEY CITY CODE AS FOLIAWS: SECTION 20�.053, 1B, TO RIDUCE THE LOT AREA� FOR A LOT PLATTED BEFORE DECEMBER 29, 1955, FROM 7500 S�?UARE FEET TO 5500 SQUARE FEET� TO ALLOW THE CONSTRUCTION OF A DTrIELLING �0 BE LOCATED ON 1 AND 18 BIACK H, RI�VIEW HEIGHTS, THE SAME BEING 33 GLENCOE STftEET N.E. FRIDLEY (REQUEST BY MR. A. L. WILLIAMS, 9�t7 - 86TH A E N.W. i COON RAPTDS� I�IINN. ) MOTION by Mr. Plemel, seconded by Mrs. Gabel, to open the public hearing. Upon a voice vote, all voting aye, the motion carried unanimously. ADMINISTRATIVE STAFF REPORT A. PUBLIC PURPQSE SERVED BY REO.UIREMENT: Section 205.053, lA, lot area require- ment of 7500 square feet. Public purpose served by this section is to avoid the condition of over crowding of the residential neighborhood. Also to avoid excess burden on the existing water and sewer services. B. STATED HARDSHIP; Lot as platted is undersized. C. ADMINISTRATIVE STAFF REVIE[�J: Staff research and pictures indicate that there are several other houses built on s0 foot lots in this immediate area. This lot is serviced with sewer and water, as are most other 50 foot lots in the area. The lots on either side of 533 Glencoe are already developed. Unless there is some objection by the neighbors, Staff has no objection to this •variance request. • , Mr. Williams was at the meeting to present his request. Iie told the Board that he was a building contractor, and the lot as platted was undersized, He explained that no survey �aas available yet, but he wished to build a 26' X 38' house with no garage. He said that.most lots in that area were 5�'. Hir. Barna said the house to the East was new� and the house to the West vras an older home and had just changed hands. Iie also said there was no possibility of there ever being an alleyway. Chairwoman Wahlberg asked if this was a lot split, and Mr. Williams said it was not. She stated the City Code said at least one off-street parking stall should be provided, and Mr. Williams explained they required hard-surfaced driveways � but no garages on these lots, and said there were many homes in the area without garages. � Mr. Plemel stated he thought that new construction required at least a single- car garage� but rir. Wi,lliams said that was not the way the code read. Chairwoman Wahlberg commented that the ordinance was not clear, and only talked about 9,000 square foot lats. She said it stated that at least one off-street parking stall shall be required for each dwelling unit� and Mr. Williams said he believed that meant a blacktopped area� and that he thought anything less than.7��00 square feet did not require a garage. He stated he built on a 75 X 110' lot last summer and there was na requirement for a gara.ge. He added that the house to the east did not have a garage, and that was a new•one. . : rn � �� __ .. _ . _ .. , _ . ��.a 1 FRIDLEY APPEAIS COrIl�IISSION MEETING OF MAY 11, 1976 - PAGE 8 � Chairwoman Wahlberg sa.i.d that the ordinance also required that the parking stalls should not require an,y porti.on of the front�yard, and hir. Barna-stated he would be in favor of.building on this lot just to get the other people to clean up their property. Mr. Holden said the stall wauld have to be on the side of the house, and added that variances had been granted in the past �rithout garages on lots of this size. � . Chairtiroman zrtahlberg asked Mr. Williams if he was planning to put in a drive��ay, and he replied he was going to put in a haxd-surfaced ciriveway. Mrs. lrlahlberg said then it was clearly within the ordinance as it appears. Mr. Williams showed the�Commission a plan of the house he y�ould build, and Mrs. Gabel asked �ahat would happen if the garage was left on the glan, rir. ?�Tilliams said there was no way it would fit on the propert,y. 1•irs. Gabel said she was ver,y concerned about visual pollution. Chairwoman �7ahlberg asked if he had considered buildir►g a garage in the back yard, �a.nd rir, t�Iilliams saia that this house was se�ling far $30,000 without a garage and it z•.*ould be better to let the home own�r add the garage himself. Mr. Kemper asked Mr. .�Tilliams t�nen he planned on starting construction, and Mr. Williams replied 'as soon as he got the okay. Chairwoman Wahlberg asked if he had spoken directly to the neighbors on either side, and i�ir. ti�lilliams replied he hadn�t as he didn't think it was necessary. NIr. Holden said he had snoken to one of the neighbors and they didn't seem to have any objections. MOTION b,y 1�Ir. Plemel, seconded by r1r. Barna, to close the public hearing. Upon a voice vote, a17. voting aye� the motion carried unanimously. Mr. Kemper stated his position was that he would like to see bui7.ding on these sub-standard 7.ots, but was concerned about the interpretation of the code. He added that he would like the City Council to be made aTaare of this request. 1�Srs.. Gabel agreed, and sa:d it should be interpr�ted more t�rroughl�r. Pir. Holden said that a possible cansiderati�n would be that since it is a small house there may not be any cars on the lot at a11, for i.nstance if a retired couple purchased it. Mr. Barna stated that the property owners behind his lot had built garages last year� which made the back of his lot a solid wall of garages. He said that this visually encroaches on the property directly behind theM. Chair4roman Wahlberg asked.if the Planning Commission should review this, and the Commission agreed that it should. MOTION by Mr. Barna� seconded'tiy Mr. Plemel, to grant the variance. b r 4A � � �� Chairwoman Wahiberg said they should make the point that their interpretation of the code as stated currently is that no garage is required� however, a parking area is required to the side of the house beyond the 35 foot setback. She suggested a motion to reauest the Planning Commission and any subcommissions that wish to address this situation, to review the subject of:garages on sub-standard lots. She stated the whole zoni.ng ordinance was to be reviewed in the near flzture� and this Commission should request specifi� guidelines on this. 3. � . , * FRIDLEY APPEALS COMMISSION MEETING OF MAY 11, 1976 - PAGE 9 . •�'� - . . . . � . , Mr. Holden sug�ested that they might be getting into a sticky area making this contingent on this particular request� because of the policy that had been set in the past allo�,ring structures with na garages. Mr. Kemper said that in this particular case the Administrative Staff Report did not address itself to this particular item, and the plans didn�t appear to be available. He added that he was concerned that the subject of garages on sub- standard lots be clarified in the code. Upon a voice vote, Chairwoman Mrs.�Gabel and Air. Kemper vot M4TION b,y Mr. Kemper, seconded b.y re�uirements for s'ingle or double unpaved driveways as the.y a�pl,y t b�r the Plannin� Commission and �n voting aye, the motion carried un Mr. Barna and Mr. Plernel vo� e motion caxried 3- 2. l�ir, Barna, that the subject of gara�es, and the reQUirements anv lot under 9L000 scuare fe otner subcommissions. Upon a nimously. ng aye; Pes and the aved or clarified e vote, all Chairwom2n Tnlahlberg stated that part of their concern in making this request i:s the number of �.0'.lots and s0� lots which are being buiZt on� and which potentially could be built on, without garages. She said this Comniission would like some guidelines. � Chairwoman Wahlberg asked Mr. Holden if the Inspection Department woul.d take a look at the driveU�a,y on the adjacent property to the East of 533 Glencoe, as it appears there i� a violation of the ordinance. 7. A REO,UEST .FOR VARIANCES OF THE FRIDLEY CI CODE AS FOLLO:�IS: � SECTIOTJ 205.053, IB, TO REDUCE TH� LOT ARE , rOR A LOT PI:aTTr.D BiFORE D�C���IBER 29, 19�5, FRO?�I 7�00 SC�UARF r^rET T0 6600 S�UARE FEET� ANA S�CTION 205.053, �tC, T0 REDUCE THE RE_AR YARD SETBACK FROM THE RE�U RED 27� FEET T0 21 FEET� TO AI.LO'r1 THE CONSTRUCTION OF A DWELLING AND GARAG� 0 BE IACATED ON LOTS 1 AN9 2, BLOCK U, RIVERVIE?rJ HEIG�iTS, THE SAi1E BEING 8080 ROAD. STREET N.E. � FRIDLEY, MIPdIdFSOTA 55le32. (REQUFST BY MR. A. L. WILLIAMS, 9 - 86TH AVENUE N.W.� COON RAPIDS� MN.) �2�IOTION by Mr. Barna, seconded by 2,'lrs. Gab 1, to open the public hearing. Upon a voice vote; a11 voting aye� the motion c ried unanimously. ADMINISTRATN STAFF REPbRT . A. PU$I,IC PURPOSE SERVED BY REQUIRE��tT: 1. Section 205.053, 3B, lot area Public purpose served by this se • crowding of the residential neig tne existing sewer and water ser 2. Section 205.053, liC, a minimum r not less than 25 feet is require of 7500 square feet. ion is to avoid the condition of over orhood; also to avoid excess burden on ces. ar yard setback of 25% of the lot depth . • 4 B� , , . .��. FRIDI,�Y APPEAIS COrSMISSION MEETITJG� OF MAY 1]., 1976 - PAGE 10 Publi.c purpose served is �to provide desired rear ,yard space to be used for green areas which adc� to the attractiveness of the nei�hborhood. It also provides needed $paces for the mental well being of the family. B. STATED HARDSHIP: Lot unb� setback reauired in order C. ADAiINISTR4TIVE STAFF REVIE;d imr►sdiately to the rdorth, The house to the �Iorth� 809, This.rouse is built on two� 85 feet. To the South 600 t�ro t��enty-fi:ve foot lots. Street. . able as platted and variance to rear yard build house as planned. t 8080 Broad Street N.E. is bordered b,y houses a.�d across the street to the South on Broad StrePt. � Broad Street, is setback 36 feet from the street. thirt,y foot lots Gnd one 25 foot lot, totaling El,y Street is built on t��o thirty foot lots, and This house is setback thirty feet from Broad TrTest of this property are ttwo �cwenty-five faot lots not oTrrneu bv �Ltze �ye'-.;.tZOn�r. These t:a0 twenty-five foo lots are served ��ith seiver and water, as the two lots at 8080 Broad Street N.E. Ideally, all four lots should be developed as one, but separate owne ship is involved. The rear yard variance reaues� may be of some inconvenie ce to the neighbor to the ?�y'est when and if he builds. Several other lots of sim�.lax size have been developed in this �,rea. Mr. :•JilliGsns explaine� the ph�tograoh of the lot to the Board. He explained this ��ras a corner lot of 60 �C 110' iwhich �ould be facing Broad Street. Chai��oman Wahlberg asked why;the rear yard setback was 2712 feet� and 1tir. holden replied it �aas because 25`� of �the 1ot depth was reauirer'.. Chairtaom�n ��iahlberg referred o the City Code VT7�ich stated: The sid.e ��a.rd �•�idth on a street side oi a corner ot sha.11 be not less than 1.7.5 feet. �rJhen the lot to the rear has frontage alon a side street, no accessor;� builda.ng on the corner lot� iti*ithin 25 feet of the co, on property line, shall be closer to said side street than 30 feet; provided, ho:aever, that this regulation shall not be so interpreted as to reduce the b ildable Fridth of a corner lot to 1�ss than ?_5 feei. She asked if Broad or Fairmont is considered ihe side street for th� house beh?n�. them, and i•ir. Hc�lden replied B oa�i Street. rir. Barna explained the lot f.ront t�ras on Fairmont, but the house fro t s,�as on Broad. . Chairwoma�� Wahlberg said their I square feet to 6,60C? square fee to 21 feet. She asked how c�os 'repli�d it was pretty close to garage �as underneath tne house to the tuck-under garage. ain concern �.*as reducing the lot area from 7�500 , and reducing the rear ,yard setback from 27 �feet the structure v.as on Fairmont, and ri� .?^dilliams he lot line in back. rlr. Williams sai.d that that �and shotaed the Commission ho*a he would drive in Mr. Sailliams �tated that a lot ' RivervieW Heights was not �•rorth $10,000, and each fift,y foot lot Uras valued round $5�500 in that area. He siated that this lot needed a lot of fill on the orth end of the lot and up ag �.nst Broad 5treet. Chairwoman Wahlber� said that i this passed� they were creating another fiftY foot lot tahich would be squeeze in, as the house would be ten feet from the lot line. She also noted that it w close to the floodplain,area, but not in it. . i ,-��, ( , f �� � �., �,�_..___,�� �r�t ,� ��� :Y.� � ,a� �' ; �a�_w.�... _ � ! ' ��._�._ � i� , , � x�/ i; `,f% ��' ..� , `. \. � : � �� ,f� /,f� ,- � /'���% �.+l�� �� ������� 8431 UNIVERSITY AVENUE N.E., FRIDLEY, MiNNESOTA 55432 ;��`,� A. L. Williams (:� 947 86th Avenue N.W. .'� Minneapolis, Mn 55433 0 C`J�LUT Ip,� e 2 �`; `� '� u m O �'6 d2 ��': g . �.� I b Dear Mr. Williams: TELEPHONE ( 612j5T1-3450 June 9, 1976 Re: Variance reque�t for 533 Glencoe Street N.E. At the Fridley City Council meeting of June 7, 1976, the Council had some questions on this variance request. They have requested that you bring in the plans for the development of the property, Lots 7 and 8, Block H, Riverview Heights Addition, the same being 533 Glencoe Street N.E. This will be back an the City Council agenda for the meeting of June 21, 1976. If you have any questi�ons, please feel free to contact me at 571-3450, extention 171. JLB/de Sincerely, � ~����'F � � � /� (�t;[�i'��:=' � } c�.. . tt�'\c^� ��►..s�"�ws , ERROLD L'. BOARDMAN ;-` City Planner � ^.� ' � yo REGULAR COU�dCIL MEETING OF JUNE 21, 1976 RAGE 2 INUEO PUf3LIC HEARING ON REZOPJIPlG REOUEST,_ ZOMINf, ORDINANCE /U1END�'tENT, ZOA �76-02, Mr. DeGardner �vas present and exolained his views of his plat to the City Council. He also sho�aed the diagrams of his building to the Council. Mayor Nee said that the letter from Mr. Russell Burris, 1150 Ftississippi Street Northeast, dated June 21, 1976, should be entered into the recnrd. f•ir. Rrnold Elmquist, 8140 Long Lake Road Plortheast. was present and reiter•ated his opinions of last week at the City Council meetin�. Council.man Fitzpatrick said he had a letter from a woman �aho said she did not object to the building but she would object to further changes in the R-1 character of the district. Mr. Richard Harris, 6200 Riverview Terrace �lortheast (Plannina Conunission Chairman), stated that if the City Council does concur vrith the request, then a request should go to the Planning Commission to re-study the uhole area so that the comprehensive plan of the City can be amended. It notia states that the characteristics of this area should be residential. Mayor Nee read a letter to the audience from t9r. Nei1 W. Stuber, 6452 Dellwood Drive Northeast� 1R V,-hich ��Ir. Stuber expresses his opposition to the rezoning request. MOTION by Councilman Starwalt to close the public hearing. Seconded by Councilwoman Kukovrski. The matter will come up again durin� the first meetina in July. Upon a voice vote, all voting aye, t4ayor Plee declared the motion carried unanimously. PUBLIC HEARING ON A VARIAhCE REQUEST BY_KENF�ETN SPORRE TO REDt10E TNE FROPtT YARD MOTIOP� by Councilman �tarwalt to open the hearing and waive the reading. Seconded by CouncilNroman Kukowski. Upon a voice vote, all votinq aye, tlayor Plee declared the motion�carried unanimously. MOTION by Councilman Starv:alt to close the hearin�. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motio.n carried unanimously. Pi0TI0N by Council'man Fitzpatrick to concur with the recommendations of the Appeals Commission and grant the variance. Seconded by Councilwoman Kuko►vski. Upon a voice vote, all voting aye, Mayor FJee declared the motion carried unanimously. OLD BUSINESS: � COt�dSIDERATION OF A REQUEST FOR VARIANCE BY A. L. 4JILlIAMS,_ �'�3 r� ,� ��� FOR LJT AREA �( �� RE�U�FROM 7500 SOUFiRE FEET TO 5500 S�ARE FEET�fiAfiLED 6/7 76 : MOTION by Councilman Fitzpatrick that the City Council concur with the Appeals Commission and grant the variance. Seconded by Councilwoman Kuko►•rski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NE41 BUSINESS: � � • CONSIDERATION OF APPROVAL OF FINAL PLAT SUBDIVISIOP� P.S. #76-04, BY FSIY.E 0'BAFlPJON, HEATH R NI- L 3RD �DDITIOPJ: - MOTION by Councilman Sta�7,ralt to approve the final plat. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Playor Nee declared the motion carried unanimously. 0