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;,�, . APPLICATION TO BOARD OF A .
i �• � COMMUNITY DEVELONMENT DIV.
r � � ^ � PROT[CTIVE INSPECTION SEC. '
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Legal Lot No. Block No. Tract or Addn.
Description �-67-( � !� i� � v t' �� �' / C� � � � E'✓ �� /-� % �
Variance Fequest(s); including stated hardships (attach plat or survey of property
showing building, variances, etc., where applicable)
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Comments & Recommendations by � •
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City Council Action and Date �
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� Staff Comments �
Board members notified of ineeting by �,;r�.,2,�Q� ��, / 9°� � List members,
date notified, and "Yes" or "No" for plans o attend hearing. " Plan
'� Date To Attend
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Pearson making appeal and the following property owners having property within 200
feet notified: � � By Whom
Name � Date Phone or Mail Notified
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OFFICIAL NOTICE
CITY OF FRIDLEY
PUBLIC HEARING
BEFORE TfiE
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, Ma.y 11, 1976 to
consider the following matter:
A request for a variance of Section 205.053, 4A,
Fridley City Code, to reduce the front yard setback
from the required 35 feet to 30.8 feet to allow
the construction of an attached garage to be located
on Lots 66, 67 and 68, Block A, Riverview Heights
Addition, the same being 369 Hugo Street N.E., Fridley,
Minnesota. (Request by Mr. John H. Kobs, 369 Hugo
Street N.E., Fridley, Mn. 55432.)
Anyone who desires to be heard with reference to the above matter will be
heard at this meeting.
VIRGINIA WAHLBERG
CHAIRWOMAN
APPEALS COMMISSION
NOTE,� The Appeals Coa¢nission will have the final action on this request, unless
there are objections from surrounding neighbors, the City sta.ff, 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 through the Planning Commision with only a
recommendation from the Appeal� Commission.
ADMINISTRATIVE STAFF REPORT
369 Hugo Street N.E.
A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.053, 4A,
front yard setback of 35 feet.
Public purpose served Ysy this section is to allow for off-
street parking without encroaching on the public right of
way. Also the aesthetic consideration of the neighborhood
to reduce the "building line of sight" encroachement into
the neighbor's front.yard..
C. ADMINISTRP,TIVE STAFF REVIEW: 369 Iiugo is �?ordered on the
East by a creek and several trees. It is bordered on the
West by a house with a setback of approximately 24 feet.
The natural terrain of the lot in question would allow for
an attached garage with the standard 35 foot setback. The
staff feels that the prima.ry considerations in this appeal
are any concerns of the neighbors and saving the window in
the East wall of the house. It also appears that moving the
y k�e back any more than requested, would involve a consider-
i able amount of fill.
.
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�,��
� 3.
FRIDLEY APPEALS COP4NIISSION rfEETING OF MAY 11, 1976 - PAGE 2
� .
� Chairwoman Wahlberg stated that since Mr. Prestenon was not at the meeting to
present his request, and no one was present to represent him� she would entertain
a motion to table this request for variance.
MOTIUN by Mr. Plemel, seconded hy Mr. Kemper, to tabie Mr. Presten�n's re��u�st
for variance. Upon a voice vote, all voting aye, the motion c�rried unanimously.
A RE�UEST FOR A VARIANCE OF THE FAIDLEY CITY CODE AS FOLLOWS:
SECTION 20s.053, L�A, TO REDUCE THE FRONT YARD SETBACK FROM THE REQUIRID 35 FEET
TO 3008 FEET, TO ALLOW THE CONSTRtTCTION OF AN ATTI�CHED GARAGE TO BE LbCATED ON
LoTS 66, 67� AND 68, BLOCK A' RIVEFtVIEU1 HETGHTS ADDITION� THE SA.t1E BEING 369
HUGO STREET N.E.9 FRIDLEY, MIidNBSOTA. (REQUEST BY MR. JOHN H. KOBS, 369 HUGO
STREET N.�., FRIDLEY, MINNESOTA 55432.)
MOTION b,y Mr. Plemel, seconded by Mr. Barna, to open the public hearing. Upon
a voice vote, all voting aye, the motian carr:ied. un�niinously. �
ADNlINISTRATIVE STAFF REPORT
A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205�.053, I�A, front yard setback
of 35 ieet. °
Public purpose served by ichis secti.on is to a11ow for off-street parking
without encroaching on the public right of way. Also the aesthetic consid--
eration of the neighborhood to reduce the "building line of sight" encroach�
ment into the neighbor�s front yaxd.
B. STATED HARDSHIP: Variance needed to save the livir.g room �,Tindow.
C. ADI�4INISTRATIVE STAFF REVIEW: 369 Hugo is bord�red on the East by a creek
and several trees. It is bordered on the Trlest by a house with a setback
of approximately 2�t feete The natural terrain of the lot in question would
allow for an attached �arage with the standard 35 foot setback. The staf'f
feels that the primar,y consid�rations in this appeal are any concerns of
the neighbors and saving i;he vrindow in the East wall of the house. It also
appears that moving the garage back any more than requested taould involve
a considerable amount of fill.
Mro Kobs iaas at the meeting to present his request. He sho�aed to the Commission
a survey of his lot urith the garage sketched in and a photograph of the side�of
the house. He explained the reason he wanted the garage set four feet to the front
of the house was �hat then the garage would only go back 22 feet on the house9
and his living room window could be saved. He said that without the four foot
variance the garage would go 26 feet back ori the house, and the back wall of the
garage would come directly in line with the window.
Mr. Plemel noted.that .the house to the East ti�as 2!� feet from the lot line, and
the one to the West was about 20 feet.
Mr. Kobs further explained that he would have a concrete driveway, and his present
blacktop drivetaay taould be used as part of the fill. He said the property to his east
contained the creek� but it was his understanding that the ot,mer had applied for a
MEMBERS PRESENT:
MEMBERS ABSENT:
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FRIDLEY APPEALS CO21MI5SION MEETING
MAY 11, 1976
Virginia Wahlberg, Alex Barna, Pat Gabel, Dick Kemper, Jim Plemel
None
OTHERS PRESENT: Ron Holden, Building Inspection Officer
The meeting was called to order by Chairwoman Wahlberg at 7:33 p•m•
APPRO��AL OF APRIL 27, 1976 APPEALS COt�;P�[ISSION '�'INUTES:
Mrs. Gabel requested that on page 8, the first paragraph should include the
sentence "The granting of the variance wouldn't �-O�heefourthf ara ra3hefromathes
public purposes . She also stated thai on page 9, P � P
bottom should state '�and conforms to all other codes".
Mr. Barna said that on page 5, the fourth para�raph from the bottom should read
�'25 feet from the curb to garage on lot 6'�.
Chairwoman TrJahlberg asked Mr. Holden if he had obtained
_ clarifying the problem stated on page 12, paragraph 5,
yet but would follo�r up on it.
any information on
and he replied he hadn't
MOTION b,y Mrs. Gabel, seconded b,y Mr. Barna, to approve the minutes of the
April 27, 1976 meeting k•ith the �.dditions noted. Upon a voice vote, all voting
aye� the motion carried unanimously.
9r l. A RE�UEST FOR A VARIANCE OF.THE FRIDLEY CITY CODE AS FOI,LOZaS:
�� SECTION 205.�53, ltB, TO REDUCE THE SIDE YARD SETBACK ADJOINING LIVING AREA,
� FROM THE REC?UIRED 10 FEET TO 6 FEET, TO ALL0�1 AN ADDITION TO BE CONSTRUCTED
TO AN EXISTING NON-COVFORMING DbdELLING IACATED ON THE SOUTH 20 FEET OF LOT 5,
AND ALL OF LOT 6, $IACK 3, HAMILTON'S ADDITION TO MECHAI�ICSVILLE, THE SAME BEING
5618 - 5TH STREET N.E., FRIDLEY, riN. 551121. (REQUEST BY MRS. PAT DUPAY, 5� 61$
5TH STREET N.E., FRIDLEY, MN. 551�21)
Chairwoman Wahlber� informed the Commission that this request had been postponed
untiT their next meetin�. �
2. A REQUFST FOR A VARIANCE OF THE FRIDLEY CITY CODE AS FOLLOWS:
� SECTION 205.OK3, GA, TO REDUCE THE FRONT YAR.D SETBACK FROM THE RE9,UIRED 35 FEET
TO 31.6 FEET APPROXIMATELY (NO SURVEY AVAI?�ABLE AT THIS TIME), TO ALLOj�T THE
CONSTRUCTION OF AN ATTACHED GARAGE TO BE IACATED ON LOT 18� BLOCK 2, SWANSTROMS
COURT ADDITION, THE SAP�'.E BEING 1391 - S3� AVENUE N.E.� FRIDLEY; MINNS �21)
� (REQUEST HY MR. RAY PRESTEN4N, 1391 - 53� AVENUE N.E.� FRIDLEY, MN.
� �
e�-
�s `__
:
FRIDLEY APPEALS COMMISSION MEETING OF MAY 11� 1976 - PAGE 3
building permit for that property and had been turned down�because of the creek.
MOTION by Mrs. Gabel� seconded by Mr. Barna, to close the pufilic hearing.. Upon
a voice vote� all voting aye, the motion carried unanimously.
Mr. Plemel said that he could understand Mr. Kobs feelings, and because of the
reasons stated he would have no objection to grantin� the variance. Mr. Kemper
agreed.
MOTION by Mr. Plemel, seconded by Mrs. Gabel,�to grant the vaxiance. Upon a voice
vote, all voting aye, the motion carried unanimously.
Chairwoman �7ahlberg informed Nir. Kobs that he could now apply for his building
permit and proceed with construction, and that this would also be routinely
reviewed by the City Council.
1�. A REOUEST FOR A VARIANCE OF THE FRID Y CITY CODE AS FOLLOTrIS:
SECTION 205.a53, ItB, TO REDUCE THE S E YARD SETBACK FOR ZIVING AREA FROM THE
REC?UIRED 10 FEET TO 5 FEET APPROXIMt�„T Y, (NO SURVEY AVAILABLE AT THIS TIME), TO
ALLOW AN ADDITION TO BE CONSTRUCTID OV THE BACK OF AId EXISTING Dtn�LLING LflGATED
ON LOT 1, BLOCK 1, MEADO�idLAI�D5 ADDITION THE SAP�E BEING 881-66TH AVEPdIJE N.E.,
FRIDLEY� riIiVNESOTA 55li32. (REQUEST BY . P�IICiiAEL J. GUSTAFSON� 8$1-6bTH AVENtJE
� N.E.9 FRIDLEY, NiINNESOTA 551�32. ) .
MOTION b,y Mr. Barna, seconded by Mrs.
voice note, all voting aye, the motion
, to open the public hoaring. Upon a
ied unanimously.
ADMINISTRATIVE 51'
REPORT
A. PUBLIC PURPOSE SERVED BY RE�UIREMENT: Sel�tion 205.053' 1�B, side yard setback
of 10 feet. \
Public purpose is to maintain a minimum of 0 feet between living areas in
adjoi.ning structures anc� 15 feet between g ges and living areas in adjoining
structures to reduce er.posure to conflagrati n of fire betz�een structures a.nd
to allow for aesthetically pleasing open area around residential structures.
B. STATID HARDSHIP: Family (vrith singl� car gara�e) needs more room and private
covenant on land doesn't allow building of an a�Fcessory structure.
C. ADMINISTRATN� STAFF REVIEW: Field measurements sh
, 2 inches between this existing garage and the gax g
no liv�.ng area below these two garages. The back
are approximately in line� which would meari that t
involve living area within l� feet of the neighbor
has stated that he doesn't plan to install any wind
this addition. Apparently the lower level would be
ow that there is 10 feet,
e to the west, There is
alls of the two garages
e proposed addition taould
'ng garage. The petitioner
ws on the west side of
sed for storage.
Although the�petitioner's deed or private covenant on is land doesn't allow
for an accessory structure, City Code section 205.051�, 2A, allows one accessory
strueture.• It is not the City's job to enforce privat. covenants. Staff
efeels that a primary consideration in this request woul be the feelings of
.� -the neighbor to the west.
�
FRIDLEY APPEALS COMMISSION MEETING OF MAY 11, 1976 - PAGE �.
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�
Mr. Gustafson Vras at the meeting to present his request. He showed the Commission
photographs of his hoase and a survey that�was made before the house was constructed.
He pointed out where the addition �rould be put on. .
Chair��oman Wahlberg asked if his dwelling went back at.an angle, and Mr. Gustafson .
said it got further away from the lot line. She asked what he proposed to add on,
and he replied a�aalk-out basement with a family room upstairs following the exact
construction of the house. He explained there would be �. door into the basement
and a door into the upstairs, and that the basement taould be used for storage. He
stated thac he had a sin�le-car garas�Q and his�deed stated he r.ould not build a
shed' and his family� which included three children, needed the storage raom.
Chair�aoman Wahlberg asked if tfiere �aere any other living quarters behind the garage,
�nd Nir. Gustafson replied there wasn't, and it had been fiTled in. Mr. Kemper
asked if there �as presently a basement under the home but not under the garage�
and I�'Ir. Gustafson said that �Tas correct, and he �roould not be digging out under the
gaxage. Mr. Plemel asked if the neighbors had something built on� and N[r. Gustafson
answered that they had added on about five years ago.
Chairwom�n Wahlberg �.sked if there ti�ere any partzcular requirements that the city
would make on this in regard �o fire hazards� and Mr. Holden said he trould 'strongly
recommend taindows be eliminated in the liv.ing area on the Ures� side. He �lso said
that sheet rock would be reouired before thp siding wen-t on. Chairc�roman t�Ta�lberg
pointed out the fire protection would be wise for their own protection and for
insurance purposes as well� and Mr. Gustafson said he didn�t mind if tliere were
any stipulations.
Chairwoman '�lahlberg read the follo�rin� letter from Mr. Gustafson's neighbor to
the zrest s
Re: NIichael J. Gustafson 881-66th Ave., N.E.
I give my permission for a varianae with the followin' stipulation: that
the house is exter�led not any closer to the lot line than.it is nowe If it
were extended closer it would make my property lose in resale value, as the
FHA and VA �,�ould not approve of loans for a house with an uncleax title.
The letter was signed Kerry Brunkow� an� dated I�Iay 9, 1976.
MOTIOId by Mr. Plemel� seconded by P�lrr. B�rna� to receive the letter. Upon a voice
vote� all voting a,ye� �he motion caxried unanimously.
Mr. Barna �sl�ed ?ulr. Gustafson if he realized he rroulcln � t nee� a variance if he would
move the addition over9 and Mr. Gustafson replied he did but then there would be
dead space and the cost would be about the same. He also explained he ��ranted to
coincide with the existing overhang for aesthetic reasons� and that if he did move
the addition over he �rould have to break up an existing patio.
Chairwoman Wahlberg said she was concerned about gas fumes, and asked if there was
any direct access from the house into the garage from the room behind, and Mr. „
Gustafson said there was not. .
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