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VAR-1980�..,, a :>� _ . _--,�-�,�.�": ` �.1<� �i- C /F�j� �— �J %'—r/ �L'Lli/t'i _a . . `{/�i2' vV�L- / Vi' �� / . `Y � p , SUHJKf . .. . . . . . -'s �.11�' Of �' I'1C��Cj' r ` ,�� "T T"E T°P °F T"E TN,�"S � APPLI CAT I QN TO BOARD OF APPEALS � : _ � �� .__ COMMUNITY �EVELOPMENT OIV. . • � � r � y � PROTECTIVE INSPECTION SEC. ' . � � � 1 � � `-+__ A�"9,•; CI.TY MALI FRIOIEY � 55432 HUMdEN REV. OATE P�GE OF �VVBOVED tlY- �� si2-ssaaaso 910-F23 1 3/21/75 �.l 2 S00 Name � F.ddress, _ , � / /�Phdhe. --- _ ,� �� Leyal Lot No. Block No. Tracu z A�dn. . Description ��OV) (� Variance Request(s); including stated hardships (attach showing building� variances, etc., where applicable) � or survey bf property �� / � �� r u 1 � " � 1,.. _ r � � .. e • �• � ',. _ - , > —�.��. -- + � - - f_, ,P�. i , , J .. 4'� �; -, Meeting Date Fee �� m�r :' Comments & Recommendatiuns by the Board of Appeals City Council Action and Date Receipt No. ISignature 9� �qo �- t�/7�% 0 'y .v SUP�eGf � �:;ty ��f �,r��i�y � AT THE TOV OF TH� TWtNS APPLICATIOW TO BOARD OF APPEALS i+ � � � • -- - � �' -COMMUNITY DEVELOPMENT �IV. �SYSEf RCpOTL� ' � ; 4 ��.� f � �� PHOTECTIVE INSPECiION SEC. _ � ` . ' r'��1 � CRV NALL FRIDLE� SS�JI NUMFlFH PEY. L�IE YA4E Of AMPHOVkU UY �"'"� � •'� 572-560.7a50 � 910-F23 1 s/21/�s 2 2 soo Staff Comments Board members notified of ineeting by '�� G '� lJ' List members, date notified, and "Yes" or "No" for plans to attend hearinc�, Plan Name Date ITo Attend { Pearson making appeal and the following property owners having property within 200 I feet notified: By W�o: _/,L . � Name .;� � // l , — M/M Charles Carlson-1001 Hackman Gircle M/M LeRoy Oquist-1011 Hackman Circle '" M/M Wallace Starwalt-1021 Hackman Circle M/M Arthur Krenz-1031 Hackman Circle M/M Dennis Bechard-1024 Hackman Circle _ Allan Rudolph-1016 Jackman Circle M/M Curtis Acree-1008 Hackman Circle _ M/M Earl Hansen-1000 Hackman Circle Realco, Inc. 999 Hackman Circle _ M/M Melvin Nelson=980 Hackman Circle M/M Harold Friedley=970 Hackman Circle _ Garris Norling-975 Hathaway Lane N.E. M/M Milo Stenzel-1001 Hathaway Lane N.E. _ Jeffrey Siegfried & Suzette Cain 1011 Hathaway Lane N.E. _ Raymond Jelinski=1021 Hathaway Lane Carol M. Frentz-1031 Nathaway Lane _ M/M Bernard Demarais-5821 Hackman�Avenue N.E. M/M Theadore Anderson-5811 HackmaniAve. N.E. � 11�� o Phone or Mail ��- �9 0 r. __ .. . ___. CITY OF FRI�LEY 6431 UNIVERSITY AVENUE N.E., FHIDLEY, MINNESOTA Sb�32 TEIEPH�ONE (812)571•3450 November 30, 1979- NOTICE OF PUBLIC HEARING �reby given that the Appeals Commission of the City of Fridley : a public hearing in the City Council Chamhers at 6431 University ieast at 7:30 P.M. on Tuesday,December 11, 1979, to revi2w the Request for a variance pursuant to Chapter 205 of the Fridley City Code, to reduce the required 10 foot setback on the living side of a house to 6.4 feet, to allow the conversion of an existing qarage for living area, to be replaced with a tuck-under garage, on Lot 26, Block 2, Parkview Heights, the same being 1000 Hackmann Circle N.E. (Request by Earl Hansen, 1000 Hackmann Circle fJ.E., Fridley, tlinnesota 55432). Notice is hereby give that all persons having ar� interest therein will be given an opportunity to be heard at the above time and place. VIRGINIA SCHNABEL CHAIRWOMAN APPEA�$ COMMISS.IQN Note; The qppeals Comrnission will have the f1na1 action on this request. �nles� there dre o6,iections from surrounding neighbors, the City Staff, or the petitioner does not agree with the Commission's decision, If any of tfiese events occur, the request will continue to the City Council through the Planning Comnission with only a recommendation from the Appeals Cormiission. Item #2 December 11, 1979 ADMINISTRATIVE STAFF REPORT 1000 Hackmann Circle N.E. A. PUBLIC PURPOSE SERVED BY REQUTAEMENT: Section 205.053, 4B, requires a minim�an side yard setback of 10 feet for living area. _._�.PUblic Purpose served by this requirement is to maintain a minimtmt of 20 feet between living area in adjacent structures and 15 feet between garage and living areas in adjacent structures to reduce exposure to conflagration of fire. It is also to allow for aesthetically pleasing open areas around residential structures. B. STATED HARDSHIP: Propose to change existinq garage into a three season porch and build new tuck-under garage. This is the easiest way to add more needed living area. C. ADMINISTRATIVE STAFF REVIEW: The existing attached garage is 6.4 feet £ran the side property line. The property owner wants to convert this garage into living space and construct a new tuck-under garage under the existing garage. The adjacent structure is presently 28 feet from the cron¢non property line however we were informed that he plans to build on an 18 foot addition which would leave 16.4 feet between adjacent living areas.instead of the required 20 feet. u�� °"� �` � ��r.� G�� nx� � ��t�� '.a.�. � I , 1 R'7`i � C°� `�p.� � �, � �IL� CI".d'VL�31lJ1U' � � � ) � � � �� ..�� . � t o 00 l��c+.�c)e�r�,.c�, � N-�., �.�r � �' a.�u:o�.�- u��h. n1.� --�t..a� �..- �� . 't � `}o � �iA-�.suL� -�uv�kJ 1 ; � �� a S �- -� -� �.�.�,� � C�..�.�.�.� . i� u� Yvt.�.4�' ° � �n� �¢..a�- Q ' w�.t�'.a ,-�_e-�.J , �� , ,p�- � ` a �� .�,o�n. c�.e�� .. � � � � -�� - � � ��-� . �� _ _ _ :.�, L,�- .a.,� S.Q..� -'�.a�vil �o �-, __ �a� �w.�+�� w� � �a_.�.�.�.�.� ��.�- � � �Q� --�j1�� R�.��s�`�.1 .`_"k' C��,.��-,�:`� c�- i �o `�c�.e.�— �'v�.ca,��v� �.�.e�� .�-dL- � -1�.9tiv �_ -� �.��,�-,Q,�.�u c�.� �..�.� � �, � � � �'� ° � � c�o � � -�—, CZ � ', �.� t� �.,�� , u�� w-�� -�� , a. ��,�,� � i �,� �. � a �o �.�- -�.� -�.�: � �..� I� � �� a �� -C.� a c��. � a�.t.� `�°"-� ' c� .�� . . . , �-��, t� . Q..�.�� oag '` ; � ' �-�,, s�-��.�-. ��,M^n �'i � - �-10�8 ' ��" w "`� � ,' CITY OF FRIDLEY APPEALS COMMISSION MEETING DECE[�ER 11 1979 CALL TO ORDER � Chairperson Schnabel ca.11ed the December 11, 1979, meeting of the Appeals Co�ission to order at 7:30 P,M. ROLL CALL Members Present: Members Absent: Others Present: 1. VARIANCE RE � Ms, Schnabel, Ms. Gabel, Mr. Barna Mr. Kemper, Mr. Plemel C1yde Moravetz, EngineeYi,x{g Administration uest by John and Vivian Pa�Gyka, 4757- 2� Street N.E., Fridley,��MN 55421), ,�' MOTION by Mr. Barna, secoJ�'�ed by Ms. Gabel to open the public hearing for variance request to reduce the sy�e yard setbac:c from 35 feet to 19 feet where a side yard abuts a corner lot, 5!�1-4th Street N.E. UPON A VOICE VOTE ALL VOTING AYE, CHAIRPERSON SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. P IC HEARING OPENED AT 7:32 P.M. The peCiLion was not present £oY the tequest. MOTION l�pfs. Gabel, seconded by Mr. Barna to continue the public hearing for this reque��l� and move it to the end of the agenda. UP,QN A VOICE VOTE, UNANIMOUSLY. � ALL VOTING AYE, CHAIRPERSON SCHNABEL DECLARED THE MJTION CARRIED ( 2.7 VARIANCE REQUEST PURSUANT TO CHAPTF,R 205 OF THE FRIDLEY CITY CODE TO RSDUCE `�� TY.E REQUIRED 10 FOOT SETBACK Q?� TtiE LI�'ING SIDE OF A HOUSE TO 6.4 FEET TO L BEING 1000 HACK[,tANN CIRCLE N.E. (Request by Earl Hansen, 1000 Hackmann Circle N.E „ Fridley, MN 55432). MOTION by Ms. Ga6e1, seconded by PSr. Barna to open the public hearing for variance sequest to zeduce the requ:red 10 foot setback on the living si_de of a house to 6.4 feet, 1000 Hackmann Circle. UPON A VOICE VOTE, ALL VOTING AYE, CIIAIRPERSON SC}INABEL DECLAFED THE PSOTION CARRIED UNANIMOUSLY, PUSLIC IIEARING OPENED AT 7:34 P.M. Chairperson Schnabel read the staff report: . ___ __ _ . _ APPEALS COMMISSION MEErING DECE[�ER 11 1979 PAGE��Z, ADMINISTFi11TIVE STAF'F REPORT 1000 Hackmann Circle N.E. A. P[k3LIC PU?iPOSE SERYED BY REQUIREMII�IT: Section 205.053, �16, requires a minimum side yard setback of 10 feet for living area. �:_Public Purpose served by this requirement is to maintain a miniminn of 20 feet between living area in adjacent structures and 15 feet between garage and living areas in adjacent structures to reduce er.posure to conflagration of fire. It is also to allow for aesthetically pleasing open areas around residential structures, B. STATED fIARDSHIP• Propc�se to change existing garage into a three season porch and build .( new tuck-imder garage. This is the easiest way to add more needed � i J.iving area. 'L'. AIMINISTRATiVE STAFF REVIEGV: The existing attached garage is 6.4 feet £r� the side property line. �e proaerty cwner wants to convert this garage into living space and construct a aew tuck-imder garage under the existi� garage. 2`he adjacent structare is presently 28 £eet from the mnunon property line haaever we were infoxr.ied that he plans to build on an 18 ioot additior which would leave 16.4 feet between adjacent living areas.instead of the required 20 £ee� Mr. Earl Hansen, the petitioner, wes present for the request. Mx. Hansen explained the present garage was too small and the new garage would give him the additional storage area needed. He also had a 12 foot incline on the drive- way which he felt was a hazard and the r�ew garage would eliminate that hazaxd. Mr. flansen said he was told by Darrel Clark he could avoid a variance by making the easterly 2-4 feet a partitioned off storage area in the new room he was proposing. The idea being with the 16.4 feet between his neighbor's home and his, plus the additional 3.6 feet, it would eo,ual 20 feet an3 therefore create the required dis- tance between two residential living areas. Ms. Schnabel questioned that idea. She also aksed if the work was already started on the conversion and wlien did Mr. Aansen find out he would need a variance. Mr. Hansen replied he hired a contractor to do the work. The contractor started the work and applied for the building permit 3'days later. That was when he found out about the variance. Ms. Schnabel questioned if the new garage would follow the lines of'the old garage. ! � �' APP�ALS COMMISSION MEF,TTNG DECECfBER 11 1979 PAGE 3 ' Mr. Hansen said it will come out about 6 or 7 feet, but will be in line with the house. This was were he was picking up the additional storage area needed. Mr. Barna asked what tyQe of home Mr. Hansen had and his family's size Mr. Hansen replied the home has 3 bedrooms and was completely finished off. The only reasonable area to go for the expansion would be the garage. They presently plan on finishing the room as a 3 season room and did not want to use part of the xoom, as suggested, for storage. He stated there were 5 people in the home. He also stated he needed more storage area in the garage and wanted to eliminate the hill. Mr. Moravetz said the building permit had been issued with the idea that the easterly end of the building would be a storage area. Mr. Hansen said that was never his intention. Ms. Schnabel questioned Darrel Clark on making such a reco�endation that a storage axea be used to get away from getting a variance. Mr. Moravetz said he could not say if Mr. Clark said that or not. Mr. Hansen said he believed this was something between the cantractor and Mr, Clark. Again he stated he did not want to use the room for stoYage. Ms. Schnabel said the co�nission's main concern would sCill be the £act that there was only 16.4 feet between 2 residential buildings. They had to be concerned for 2 reasons; one: easy spread of fire from one building to another, and two: would fire fighters be a61e to get around the building sa£ely to contain any fire. This was why we require 20 feet. Chairperson Schnabel read a letter from Mr. Hansen's neighbor, Curtis W. Ackery. Mr. Ackerly lives east of Mr. Hansen and stated he did not object to the addition or the 16.4 feet between their homes. He did feel since his proposed addition would Ue the required 10 feet from the lot line,and Mx. Hansen's only 6.4 feet, Mr. Hansen should be required to put the firewall in if it was needed. ' MOTION by Ms. Gabel, seconded by Pir. Barna to receive the letter from Curtis W. Ackery. - UPON A VOICE VOTE, ALL VOTII3G AYE, Ct3AIRPERSON SCHNABEL DECT.AEtED THE MOTION CARRIED i1NANIMOIISLY, i I Ms. Schnabel pointed out that Mr. Ackery assumed a firewall would be required. Mr.: Morave2z questioned if it was the building code that stated a firewall would be required,` He said Mr. Clark stated no firewall would be needad and felt it would be stipulated if this variance was approved. 'Ms. Schnabel said she did not believe a firewall would be needed in this particular case. They have stipulated on other requests were there was a distance of 10 feet o= less that a firewall be installed. She had no problem with the 16.4 feet distance. Mr. Barna agreed with Ms. Schnabel. ,... APPEALS COMMISSION MEETING, b�CaIEF.R 11, 1979 PAGE 4�• Mary Friedly, 970 Hackmann Circle, wanted to know if the variance was needed because the new addition was too close to the properYy line or if a firewall should be in- stalled. Ms. Schnabel said homes do not need firewalls unless too close together. Mr. Hansen was not changing the existing lines of the home, fiut� o�as changing the use of the area (accessory use to living area use). That use requires a 2Q foot distance be- tween structures and the variance would be requirecl to reduce n_s sideyard to 6.4 feet instead of: 10 feet. MOTION by Ms. Gabel, seconded by Mr. Barna to close the public hearing for varia��ce request to reduce the required l0 feot setback on the living side of a house to 6.4 £eet. UFON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING CLOSED AT 7:58 P.M, Mr. Barna said because of the family size he could see the need for the addition. He did feel the 5ated hardship was not very clear on the Staff Report. Another haxd- ship could also be the hazardous driveway. Both Ms. Gabel and Ms, Schnabel agreed with Mr. Barna. Tf0EI0N by Mr. Barna, seconded by Ms. Gabel to recommend to Council apPrwal of vari�nce request pursuant to Chapter 205 of the Fridley City Code, ta reduce the reauiced 10 foot setback on the living side uf a house to 6.4 feet, to allow the conversion of an existing garage for living area, to be repiaced with a tuck-under garage, or. L�t 26, Block 2, Parkview Aeights, the same being 1000 Hackmann Circle N.E. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. E 7714 BEECH S3�yT NE, (Request by Richard Jarar.son, Action Pattern Company, 7714 Beech Street �t;� Fridley, MN 55432). i�SOTiON by Mr. Barna, seconded by Gabel to open the public hearing on varinace request to reduce the side yard setbac om 25 feet to 1 foot, to allow an addition, at 7714 Beech Street N.E. UPON A G'OICE VOTE, ALL VOTING AYE, CHAIRPERSON SCHN DECLAFED THE MOTION CARRIED . BNt1N71`;OUSLY, PUBLIC HEARING OPENED AT 8:01 P.M. Mr. Jaranson, owne; and Mr. Kenneth Anderson, contractor, were pr nt for the request. Chairperson Schnabel read the staff report: ,f . . � �. ;' t� �� { i � i i � � I � i REGULAR MEETING OF JANUARY 7, 1980 Page 6 Mr. Qureshi pointed out that the Rice Creek estate was the only large development in Fridley in the last several years�, and staff made�a recommen- dation for land to be given for a sizeable park. He stated th e have also been cases where o�ly 2 or 3 lots were developed and the amo t�of the park fee was based on the assessed value. � - Mr. reshi stated all revenue received in the City go into the General Fund. e stated the Council has the prerogative, if ey wish, to earmark it for special purpose. He stated, however, in r cent years, there hasn't been that much money coming in from park fees. Mr. Harris, hairman of the Planning Cortmissi , stated the Park and Planning Commission's estion is that they wish to ve a written policy how the fee is determined, nd to know 70% of what fi re. � � Mr. Qureshi state e didn't have a pr lem with putting an amount for a� smaller parcel, but ith a large dev opment, it is another situation. Mayor Nee stated, in th cases of �the large parcets,�the City Manager has negotiated with the devel ers r land to be used for park p�rposes. The staff was to work on this m r in order to make the amount of the park fee more clear. A. 7his-is a reques to reduce the sideyard set ck from 35 feet to 19 feet where a side y d abuts a corner lot at 5401 4 Street. � Mr. Qureshi City Manager, stated the Appeals Cortom� i.on has recommended approval this variance request with the stipulatio that the Fire Marshall check t see if a firewall was needed along the rear v�a of the gara9e build- iny.� . Qureshi stated there was no need for a firewall the Council coul , if they desired, approve the variance with no stipula 'ons. �� M� ION by Councilman Fitzpatrick to concur with the recommendatio of the . peals Commission and grant the sideyard variance. Seconded by Cou ilman Schnei�der. Jpon�a voice vote, all Voting aye, Mayor Nee declared th� otion-� carried unanir,iously. 8. VARIANCE REQLEST TO REDUCE SETBACK ON LII�:NG SIDE DF�HOUSE �� .- FOR COPlVEP,SION OF EXISTI�`lG GARAGE, TO BE REPL.0.CED WITH TUCK- • � UNDER Gl1RAGE, BY EFRL HAi9SEN, 1000 HACKI-0ANN AVEYUE: Mr. Qureshi, City Manager, stated the Appeals Commission has.recommended � approval of this variance to reduce the required 70 foot setback on the living side of a house to 6.4 fieet. � -�. MOTION by Councilman Schneider to concur with the recorrmendation of the � Appeals Commission and g�-ant the variance. Sewnded by Councilman Barneite. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � � i.------ --- - -- � . . . . Mr. Quresh�i', C Nana , stated the Appeals Commission has recommended approval of the ri ce to reduce the side yard setback from the required 25 feet to 7 foot aliow the addition to an industrial 6uilding. -Mr.� Qureshi�s ted, the variance�is 9ranted�, a stipulation should be added that e petitio r either v+ork with the neighboring property owner to vaca the alley and ave that portion or to work to close off the atley. 53 .'. � . I 52. i I REGULAR MEETING OF JANUARY 7, 1980 Page 5 � and industrial property. He stated, however, this miqht create a hodge- �, podge the Council really didn't want. He stated the Metropolitan Council � stated the Council could rezone this property from industrial and commercial �� to residential, without the consent of the land owners. He.stated the �, suggesti�on�was�made to�send"out notices to the property owners and have '�. the rezoning simultaneously with adopting the Comprehensive Plan. �I Mayor Nee stated it bothers him that, if the Comprehensive Plan is adopted, �I the Council is, in effect, rezoning. ' �, ''� � � Mr: Qureshi stated the problem is that the Metropolitan Council is goin9 0 �'�. ,' . provide some guidance, and unless the City follows their guidance, they will ��, �,��.� be in the same position they were several years age. He stated the C' y �'� has brought up their housing grading peints by allowing Section 8 h sing, ousing for the Senior Citizens, low and moderate income housing, nd other �i ograms that improved the City's rating for funding. � Mr.�,Qureshi stated a sizeable adjustment has been made in the omprehensive I Plan��.to reduce the number of units on the premise the City w'shes to sustain �� the pdpulation of the City. He stated what is proposed is ssentially to � sustaim the population and provide additional housing for ersons employed �, in the C�ity. � Mayor Nee��helt the relationship of jobs to household was irrelevant as it ' was not the-`City's problem to�provide people to wor for industry. II Mr. Qureshi fe t, with the energy crisis, this w uld become an issue as � people would be ooking for housing close to t ir employment. �� MOTIDN by Councilm Barnette to table this esolution to the conference �meeting. Seconded b Councilman Fitzpatri . Upon a voice vote, all votinc j aye, Mayor Nee declar the motion carri unanimously. � � Councilman Barnette stated h to remain on the Environmenta entered for consideratien of a MOTIDN by Councilman Fitzpatr Barnette. Upon a voice vot , carried�unani�inously. � NEW BUSINESS: . I has ntacted �im Langenfeld and he has chosen Qu ity Commission and not to have�his name p intment to th2 Energy Commission. ck to table this item. Secondecl by Councilman all vo �ng aye, Mayor�Nee declared the motion 1 � Ms. Barbara Hu es, Chairman of the Parks and Recrea ion Commission, appeared �tiefore� the Co ncil regarding their concern on the poli of park fees. She stated the mmission felt the park fee was not very cl r and cited the policy ado ed�by�the Council in 1977, and then later rev ae�ticularl �onVaS. open the uestion of what the�actual park fee should be, p Y percent e of value of the property. � Ms. ghes stated�it is not clear whether that vaTue is raw lan developed �� la , or sale price of the property, and felt it�should be clarifi d. She �� s ted in reviewing the�records of�the�park fee, there has been som change � � �� s it was 5300 and now is 5500. She stated there doesn't seem to be y correlation as to what is collected and where it is to be�used. Ms. Hu¢�es felt the intent of levying�a�park fee is��that the money will . definitely go into park programs�or land acquisition. � . j ', e