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AF-V - 46944� � � ' �' ��.� ��' �`��'�c�� j� � „�d1T. T+iB TOP' OF' 13NE Ca�IN� — - �-� � � 1 9 . t 6.. , i i�; ..��__,. GaNiFdUN17`Y" [�'�1iELOPEitENT DIV. r � � PROTECTIWE INSPECTI4N SEC. 1' � , �4 �""� � CITY HALL FRIDLEY 55432 ""_.d`•� ,�� 612-560-3d50 Name �"' f /' 5u8�EGr APP��CAeTIO�' TQ� $�Af�D' 0� �r�PE�L-S' NUMBER I REV: .6AiE� s pnGE GF "/IPPFfbYED [3YY" 910-F23 1- �f`22/`T5 � .1 2' i30t�` � a � L� �'�- � � te� Legal Lot No. Block No. Trlig�or Addn. � Deacription ,�� i � Variance Request(s); including stated hardships (attaah showing building, variances, etc., wher��ppl' e)i ,� / � ��_ �5�.� G/_ � /.- ,� � _, _ _ 0 �p / � r 3 �� '1 � � . P aavaac 5�,�, � �� '.3/S � ` o�` surve� of property� � � r Sfpn �Q/-a( ��O 1�� s .�_ �� i ' ' 0 �-� �` G� J _ =wo�� .�e `� �� ' Date T �.mpe.r`°�-" � - �%' � n �7 '7 Meetin� Date Fee Receipt tJo. Sig e' � 9 J� � � �� = �� Comments & P�ecommendations by tne Board of Appeals �• �'City:Council Action and Date � � • � A . ' SUBJECT � � � c;�ty of Fridley ,� _ � � 9' AT THE TOP OF THE TWINS APPL I CAT I Ofd TO BOARD OF APPEALS -= r � � � � � . COMMUNITY DEVELOPMENT DIV. � St 1 f f Rep o r t) � j L �� PROTEC7IVE INSPECTION SEC. i , � _ � ' -__� ��'��;.� CITY HALL FRIDLE� SSO$2 NUMBER REV. DATE f•AGE OF APpROVtD BY � - s�2-�asaso _ 910—F23 1 3/21/?5 2 2 .800 Staff Comments 0 Board members notified of ineeting by �° �-� � 7 List members, date notified, and "Yes" or "No" for plans to attend.hearing�. Plan Name �• � Date ITo Attend Pearson making agpeal and. �ii� following property owne�s having property within 200 feet notified: Bv whom Name Mr. & Mrs. David Larson-569 Janesvillle N.E. Mr. & Mrs. Bradley Los-575 Janesville N.E. Mr. & Mrs. Donald Kuusisto-585 Janesville NE Mr. & Mrs. Earl Kathman-595 Janesville N.E. Mr. $ Mrs. Thomas Hibacek-571 Ironton Street N.E. Milton G, Rodin. Sr.-581 Ironton Street N.E. Mr. & MNs. John Crawford-587 Ironton Street N.E. Mr. & Mrs. Ernest Osterberg-585 Ironton Str. N.E. Elaine Lawrence-595 Ironton Street N.E. MM. & Mrs. Glenn Grant-598 Janesville Mr. & Mrs. Arlis Mauck-584 Janesville Mr. & Mrs. Charles Surrett-574 Janesville Mr. & Mrs. Roland Jones-564 Janesville Mr. b Mrs. Robert Rogers-573 Hugo Street N.E. Danny L. Carlsten-579 Hugo Street N.E. Mr. & Mrs. J. P. Tambisammy-580 Ironton Mr. & Mrs. Donald Fitzsimmons-576 Ironton St. Elsie M. Johnson-570 Ironton St. N,E. Mr. & Mrs. [�n. Berglund-8270 Broad Avenue Mr. & Mrs. Thomas Budnick-601 Ironton Mr. & Mrs. Donald Neuman-615 Ironton St. Mr. & Mrs. John Litcher-616 Ironton Ronatd M. Williams-600 Janesville Mr. & Mrs. Charles Clark-615 Hugo St. Mr. & Mrs. C.M. Marcinick-617 Hugo St. Mr. & Mrs. 5teven Graves-620 Ironton St. N.E. � Mr. & Mrs. Merlin Windon-600.Ironton St. / �� OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE APPEALS COP1P4ISSION TO WHOM IT MIAY CONCERN: > NOTICE IS HEREBY GIVEN that the Appeals Corrrmission of the City of Fridley will meet in the Council Chamber of the City Hall at 6431 University �Avenue Northeast on Tuesday, Octo6er 11, 1977 at 7:30 P.P+1. to consider the following matter: A request for a variance of the Fridley City Code, Section 205.053, 4,b (5,b) to reduce the set back' for any attached or unattached accessory building which opens on the side street from the required 25 feet from the property line on the side street to 15 feet, to allow the construction of a 24 ft. X 24 ft. detached garage on Lots 33 and 34, Block F, Riverview Heights Addition, the same being 595 Ironton Street N.E., Fridley, Plinnesota. (Request by Elaine Lawrence, 595 Ironton Street N.E., Fridley, Minnesota 55432). Anyone who desires to be heard with reference to the above matter will be heard at this meeting. VIRGINIA SCHNABEL CHAIRWOMAN APPEALS COMMISSION Note: The Appeals Comnission will have the final action on this request, unless there are objections from surrounding neighbor�is, the City Staff, � or the petitioner does not agree with the Commission s�decision. If any of these events occur, the request will continue to the City Council through the Planning Commission with only a recommendation from the Appeals Commission. � Item #3 October 11, 1977 ADMINISTRATIYE STAFF REPORT 595 Tronton Street N.E. A. PUBLIC PURPOSE SERVED BY REQ�IREf�IENT: Section 2Q5.053, 4,6 (.5,6� requiring a 25 foot side setback for a corner lot. Pu61ic purpose served 6y t�fis section of the code is to reduce the traffic hazards presented 6y an entrance too:=close to an intersection. B. STATED HARDSHIP: This is a small lot, and t�o trees would have to be removed if I had to meet the required set6ack. No houses face Broad Avenue so it would not inconvenience the neigh6ors. If I had to meet the required set6ack, the cost and maintenance of the additional driveway would make an economic hardship. C. ADMINISTRATIVE STAFF REVIEW: Fie1d measurements show a 10 foot boulevard on the west side of the property in question. The distance from curb to garage door at the requested setback would 6e 25 feet. It should be noted that the standard car length is approximately 20 feet, which would mean that a car parked in driveway would encroach 5 feet into the public right of way. Also, the o�ner is cautioned that this proposed contruction will encroach on a private easement for well access. The City doesn't involve itself in private easement$, and recommends that the petitioner.p�iiie receive legal counsel and attempt to have the easement �acated. It is our understanding that the "well" is not longer in use. � /003 McKoy D�ive, Anoko, Minnesoto 55303 434-7646 R. SURVEY FOR: ELAINE LAI�RENC� DESCRIBED AS: Lots 33 a�d �4, P�IocK F, RIVERVIEW NEIGNT � �'he ,reccraed� Ptat �'here of, An�Ka GounJ� ' �ReDL� • . . eoARD OF APPF�� (�91�� 6 Q''��°°°�- � �, � `� �. • � il� �d , , �� , , � Q a � , ; 3° �o•°,a �eAy. - -- 1 �,-� R �� e (J� CITY O = FRl�l.SY,� SUBJtCT�_ �� MlNlV890TA i . C�Mi!%IiS ,i�3�I A�Fat,.iC�1�'9Di1D _...._ __. R�VD�W Ue � crtmenf isian+' Nurssber • . . . .. ! . $ . .. .. . .. t hzv rage ADprwed DY � Oc1e • �� ' COMPLETE IaEV1EW CH�CKLIST F N��s�� e a-_ .. RETURN T i�LANNINO ' . ' -�-� . • . - �� i, - �" . e. . � . �� ; . ��r � - �C�MME TS _-.-��_�.� ._.a _ ;` �' ` � . •� . I � � • . _ � . � � • �� . � � n 0 OF�ICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE APPEACS CO�MISSION TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN that the Appeals Corrm�ission of the City of Fridley will meet in the Council Chamber of the City Hall at 6431 Univer�ity Avenue Northeast on Tuesday, October 11, 1977 at 7:30 P.P�I. to consider the following matter: A request for a variance of the Fridley City Code, Section 205.053, 4,6 (5,6) to reduce the set back' far any attached or u�attached accessory building which opens on the side street from the required 25 feet from the property line on the side street to 15 feet, to allow the construction of a 24 ft. X 24 ft. detacf�ed garage on Lots 33 and 34, Block F, Riverview Heights Addition, the same being 595 Ironton Street N.E., Fridley, hlinnesota. (Request by Elaine Lawrence, 595 Ironton Street N.E., Fridley, Minnesota 55432). Anyone who desires to be heard with reference to the above matter wi11 be heard at this meeting. VIRGINIA SCHNABEL CHAIRWOMAN APPEALS COMMISSION Note: The Appeals Comnission will have the final action on this request, unless there are objections from surrounding neighborhs, the City Staff, or the petitioner does not agree with the Commission's decision. If any of these events occur, the r�quest will continue to the City Council through the Planning Commission with only a recommendation from the Appeals Commission. ,�AP,PEA,LS COMMISSION MEETING - OCTOBER 11, 1977 Pa�e 9 MOTION by Mr. Barna, seconded by Mr. Plemel, that the Appeals Commission recommend the approval of the request for variance of the Fridley City Code, Section 205.101�, 1 (F�3), C-2 Zoning (General Business Areas), to reduce the edge of a curb opening to the nearest portion of street right of way from the required 75 feet to 25 feet 10 1/2 inches� so there can be two driveway openings on 73rd Avenue Northeast, located on the south half of Lot 1, Block 3, Commerce Park Addition, the same being 7300 University Avenue N.E., Fridley� Minnesota, with the stipulation that the drive�ray openings at the northwest corner of the property be a+�to code" opening to make entry and egress to that property more desirable. Ms. Gabel said that the property ovm.er would close the one driveway and make the remaining driveway wider and more aesthetically pleasing. IIPON A VOICE VOTE, Mr. Plemel, Ms. Schnabel, Ms. Gabel, and Mr. Barna voting aye� Mr. Kemper abstaining, the motion carried. Mr. Kemper abstained because he returned to the meeting too late to have heard all the issue. Chairperson Schnabel said that the item ro�rould go to City Council on November 7, 19?7. 3. OF. �'RIDI,EY CITY CODE, SECTION A'1"1'A(:Hr;ll UR UNA`1.'Z'ACHED ACCESSORY BUILDING ti"1HICH OPENS � • • . . ; � ► . � .� . . �� •� . ,�t � � � �� .� � � � , equest ny �laine Latvrence� reet N.E.� Fridley, Minnesota 55432). MOTION by Mr. Remper� seconded by Ms. Gabel, to open the Public Hearing. Upon a voice vote, all voting aye, the motion carried unanimously. The Public Hearing was opened at 8:�.8 P,M. . APPEALS COMMISSION MEETING — OCTOBER 11, 1977 Pa�e 10S ADMINISTRATIVE STAFF REPORT 595 Ironton Street N.E. A. PUBLIC PURPOSE SERVED BY REQUIREI�ENT: Section 205.053, 4,b (5,b) requiri,ng a 25 foot side setback for a corner lot. Public purpose served by this section of the code is to reduce the traffic hazards presented 6y an entrance too close to an � intersectian. B. STATED HARDSHIP: This is a small lot, and two trees would have to be removed if I had to meet the required set6ack. No houses face Broad Avenue so it would not inconvenience the neigh6ors. If I had to meet the required setback, the cost and maintenance of �the additional driveway would make an economic hardship. C. ADMINISTRATIVE STAFF REVIE4J: Field measurements show a 10 foot boulevard on the west side of the property in question. The distance from curb to garage door at the requested setback would be 25 feet. It should be noted that the star�dard car length is approximately 20 feet, which would mean that a car parked in driveway a�ould encr4ach 5.feet into the public right of way. Also, the owner is cautioned that this proposed contruction will encroach on a private easement for well access. The City doesn't involve itself in private easements, and recommends that the petitioner possi6le receive legal counsel and attempt to have the easement vacated. It is our understanding that the "well" is not longer in use. � � � � APPEALS COMMISSION MEETING - OCTOBER 11, 1977 Pa�e 11 e Ms. Lawrence of 595 Ironton Street NE explained to the members of the Commission what she proposed to do. She explained that if she had to meet all the codes, she would have to remove a tree that she would prefer to keep. She also indicated that she would like to be able to have as much green area as possible on her lot. Chairperson Schnabel clarified what Ms. Lawrence was saying. She said that Ms. Lawrence had a 60 foot lot and if she met the 25 foot setback and built a 24 foot wide garage, she would then be 49 feet back on the lot which would bring her 11 feet from the neighbor's lot line. Ms. Lawrence agreed with what Ms. Schnabel said. Mr. Barna said that with �vhat Ms. Schnabel had said, Ms. Lawrence would have to build the garage within the drip line of the tree, which would then damage the roots. Ms, Lawrence 'said that next summer she planned to remove the existing driveway and put a new driveway to the garage. She showed the Commission, on the picture they had, exactly where she proposed to put the new drivevray. Ms. Gabel wanted to know what a private well easement was. Mr. Barna cited an. example as to what a private well easement was. He said that in his case it c+ras immaterial since the well was no longer used. Chairperson Schnabel read a note dated September 24: �977 from Mr. Virg Herrick. '�Well and well access easement is private in nature. City did not request and was not deeded easement. Easement was from one private party to another. Vacation proceeding would not be in order since the City has nothing to vacate. City can issue building p.ermit as per normal�City Codes. Property owner should be cautioned that even though the City issues a permit� it is up to the property owner to satisfy in their own mind as to building on easement being OK or go through some other legal procedure to dispose of easement." Chairperson Schnabel indicated that if Ms. Lawrence felt it �vas necessary to satisfy herself if that was legal, she should go through some type of legal procedure to dispose of the easement. Ms. Lawrence said that she�had done much checking on the issue before she made the request. She said ihat she had been told that the permit could be issued with the stipulation that the City �vould not be responsible for any ramification because of the easement and she indicated that she would accept that responsibility. � -�� APP�EALS_COMMISSION MEETING - OCTOBER 11, 1977 Pa�e 12 Chairperson Schnabel asked if it �ould infringe on the tree if the request was made from the required 25 feet from the property line on the side street to 20 feet instead of 15 feet. �Ms. Lawrence indicated that when she submitted the proposal, she wanted the garage as close as possible and she understood that she could make the request to 15 and the Commission could move it to 20; but if she made the request for 20, they could not move it to 15� She had no problem with either 15 or 20 feet. Chairperson Schnabel explained that the average car length was 20 feet �vhich would mean that a car parked in the driveway would encroach five feet into the public right of tivay if she had the 15 foot setback� Thereby, she said that if Ms. Lavrrence had a 20 foot setback that problem would not occur. Mr. Barna said that the 15 foot variance �rould not upset the look of Broad Street or the traffic situation as it stood. Chairperson Schnabel asked how heavily traveled. the intersection of Ironton & Broad Streets was, Ms. Lawrence said that it wasn�t very heavily traveled. She said that it was a school bus stopo Chairperson Schnabel said relation to the intersection� was to the rear of the lot. that actually in Ms. Lawrence�s home Mr. Barna said that the home tivas actually almost 100 feet from the intersection� counting the front yard. Chairperson Schnabel asked when Ms. La�vrence would plan construction of the garage. Ms, Lawrence saa.d she would begin as soon as possible. Mr. Holden asked exactly how close the construction would be to the tree. Mr. Barna said that if Ms. Lawrence went back 20 feet, she would be in the drip line of the tree; he said at 15 feet she would still be cutting some of the minor roots of the tree. GS g _ a APPEA„ LS COMMISSION MEETING - OCTOBER 11, 1977 Pa�e 13 Chairperson Schnabel said that the Public Purpose served by requiring a Z5 foot side yard setback didn't really seem like a valid line of reasoning on this request because it was not a question of being too close to an intersection. Mr. Holden said that it should have included the provision of the encroachment into the neighbor's front yard� which also didn't apply since this u�as regarding back-to-back p"roperties. Chairperson Schnabel said that in this instance, it really was not applicable. She said that she could understand the 25 foot setback in terms of parking hazards or somsthing of that nature; she said that she really couldn't see it as a possible intersection hazard. Ms.. Gabel said that she was glad to see her build a garage. She said that it had to be kept in mind that the home was small and people do need extra storage room. MOTION by Mr. Kemper� seconded by Ms. Gabel� to close the Public Hearing, IIpon a voice vote, all voting aye, the motion carried unanimously. The Public Hearing was closed at 9:09 P.M, MOTION by Ms. Gabel� seconded by Mr. Plemel, that the Appeals Commission approve the request for variance of FridZey City Code, Section 205.053, �.,b (5,b� to reduce the setback for any attached or unattached accessory building which opens on the side street, from the required 25 feet from the property line on the side street to 15 feet, to a11oN the construction of a 24 foot x 24 foot detached garage on Lots 33 and 34, Block F, Rivervie�r Heights Addition� the same being 595 Ironton Street N.E.� Fridley� Minnesota� �rith the understanding that any problems resulting from building on the rrell easement belonged to the petitioner and the City would assume no responsibility. IIPON A VOICE VOTE� all voting aye� the motion carried unanimously. Chairperson Schnabel explained that Ms.� Lawrence could apply for her building permit. a APPEALS COMMISSION MEETING - OCTOBER 11, 1,�77 Pa�e 1, 4 , 4. FOR I OF THE DLEY CITY CODE, IMUM HEIGHT FOR TO v SECTION A CES ABOVE BY EAL ROAD NE, rn1LL.�x r�l�vr��rA. (xequest by Equity Construction ompany, 1 r treet� Excelsior, Minnesota 55331). MOTION by Mr. Barna, seconded by Mr. Kemper, to open the Public Hearing. Upon a voice vote� all voting aye, the motion carried unanimously. The Public Hearing was opened at 9;11 P.M. A. � C. ADMINISTRATIiIE STAFF REVIET,Y PUBLIC PURPOSE SERVED BY RE�JUI�NIEriT: Section 211�.055, 4 requirin a maximum height for a free standing sign in CR-1 �general office and. limited business) of 6 feet. Public purpose served is to provide for control of small signs in the limited zone of CR-�. STATED HARDSHIP: Variance requested to permit sign to have visibility from I#69t�, ��hich i� some 12 feet higher grade than site location of sign; and so that sign tvhich is 8 feet deep will not be buried two feet into the ground. ADMINISTRATIVE STAFF REVIE�1: The sign as proposed has not been located on the site plan at this writing. Tt is possible that such a high sign may be a detraction for the adjacent residential areas. Mr. Dick 49alsh of 561 3rd Street� representing Equity Construction Company <<ras present at the meeting. Mr. Holden requested Mr. Walsh to indicate on the drativing the exact location of the requested sign� Mr. Walsh indicated v�here the proposed sign would be placed. He said that the main reason for the request was to enable them to have a sign that would have exposure to Interstate 691�. He said that the sign would �ave the Real Estate 10 Logo. He said that there would be �vood encasing around the poles of the sign and that the sign would be internally lighted. He �aid that the light �vould be on a time-clock that �rould turn ihe lights on a� dusk and then Real Estate 10 �vould decide at �vhat time the ].ights �rould be turned off. .. o . . � ��°^ � �� . � � �v � � , � �� . 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