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AF-V - 33415* � SUBJF.CT � ��ty nf �,r•�a��y r�� AT THE TOP OF THE TW/INS ,�', APPLICATION TO BOARD OF APPEALS , � . � �� __�_�_ COMMUNITY DEVELOPMENT DIV. r � � PROTECTIVE INSF'ECTtON SFC. i � 1 . � � � �""'1 • CITY HAL� FRIOLEY � 55432 NUMBER REV. DATE PAGE OF APPROVED BY : ...__.1`: �•J 612-560-3a50 910-F23 1 3/21/75 1 2 800 Name — Address Phone ,� e � �/ ^" �✓�s LG ,e �- e� - / Legal Lot No. Block No. Tract or Addn. Description � ,� ' � � � ' -� ` ,S : Variance Request(s); including stated hardships (attach plat or survey of property showing building, variances, etc., where applicable) � D�� S�` D e ,,� � Sc T � c� e.� ` 5, . o�_ j�f" ��T �`7�� S`T J o. o��/� �� — � f' �;, ` / Date � - - %� Meeting Date Fee Receipt I�o. Signature �.'_/� - �� — ` �� , �� ' `77CP `7� Comments & Recommendations by the Board of Appeals ,�o�� _ /(� /af,�" .-�,�,��(3..L�C,�, a� J ��Di . ,3b - Q�.,Q�1Z� )t,z.2�� , �-1Z.t i �CT�' ,c � .c 111'i �.� r M ' ; City Council Action and Date ��---� �C:-�; �l� , �4''�.S _ % �-%��liC�(1 � � _ .�., � suK�ecr ` (;ity of �'ric�l�y -��- A7 TH� ToP oF THE TW�NS APPL I CAT I ON TO BOARD OF APPEALS r -� ► � � � � . COMMUtJITY DEVELOPMENT DIV. �St1ff Report 1 4� � � � � � � PROTEC7IVE INSPECTION SEC. 1 . � 1 ( � r"'1 � CfTY HALL FRIDLEv 55432 NUMBFR FiEV. DATE VAGE UF APPROVED BV � ----�-• •�� 612-560-3450 <j],O-F23 1 3/21/75 2 2 800 Staff Comments Board members notified of ineeting by �� ,� �' ..�, /�j7S List members, date notified, and "Yes" or "No" for plans o attend hearin . Plan Date To Atte d Name �yi .36 .S�Pi ..�� l �� -�� - . il/d � � �5 � ' �' ��Ck� �S i5 ' c� � �. _.i'� r� � ,'� c.,� �0 �s ^ � �a t�. r� � ° o A j c� �i �. C ./ ' �" • �-S V Pearson making appeal and th following property owners having property within 200 �feet notified: By Whom • , Name Date Phone or Mail Notified ,� � � . Cj<aJ-�%5 � C��-Ll �7,�. ,� �it� -� �_�,n�_�l��z�'t ��r9 ��tx_,3 L�.s � - �� -�� J ' . . ..r�..� �'`1� .. C.c.�C.�EIt-'Y� Sor� '`ir�rr� � �:.� �! . /l.f.�.�z,o .� i� �.rr (J�..F� �r, _ �� , �� o �_ca,��J i �.�� , � y�'j r' " c�a'�?c�C� C`a�-� iuc�2� �cL. �Q/t��(� t.�c-C.d� . � �� (_��z � i�2��z_�t��a �>� �2.G ec�elz F` ��c�c�2. ii� ��. /��z-c�rc� �� . ��-ur��ex�, � • � c"�rtk-J � � �/ '�-�2� .o ��-�c�Q�;� � ,� G�.� Ui�►'l�.Ct,CJ4.. SS '�I ��J.. vl �-c�-,l T-(..�1,-1�...P i � • ��_��ti�--11'-�J -�o�-� �'�iSc�f�(�-Ut-�SL� e` ' f �-2� QJ2:-(C-U �C� ��C� ��R.��I-Q-.Q-IJ--I..�.�5`) �..Q C�'`k.C_•/�.�� .�Yl�i1�,C� cX�� '/lll�lLl�-(.i�_.�� .:..�. �'di. c %�I c� �JC�!K'.�t h � °5 /�', ��,�✓lQ/J � l-\ l �L e_i J . 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 7:30 P.M. on Tuesday, September 16, 1975 to consider the following; A request for variances of the Fridley City Code as follows; ' Section 205.053, 4, B4, to reduce the minimum side yard setback, adjoining an attached garage, from 5 feet to 2 feet (east side of lot) and /Section 205.053, 4B, to reduce the minimum side � / yard setback adjoining living area, from 10 feet ��to 8 feet (existing setback of west side of house) all to allow the construction of an addition onto the garage located on Lots 18 and 19, Block E, Riverview Heights, the same being 543 Janesville Street N.E., Fridley, Minnesota. (Request by Mr. Joseph Schommer, 543 Janesville Street N.E., Fridley, Minnesota.) Anyone who desires to be heard with reference to the above matter will be heard at this meeting. WILLIAM A. DRIGANS CHAIRMAN APPEALS COMMISSION �1. f �, City of Fridley The Minutes of the Appeals Commission Meeting of September 16, 1975 The meeting was called to order by Cha�rman Drigans at 7:36 P.M. MEMBERS PR.ESENT: Drigans, Gabel, MEMBERS ABSENT: Plemel OTHERS PI2ESENT: Howard Mattson Kemper, Wahlberg - Engineering Aide APPROVAL OF APPEALS COMMISSION MINUTES: August 26, 1975 MOTION by Wahlberg, seconded by ICemper, to approve the minutes of the August 26, 1975 meeting as written. Upon a voice vote, there being no nays, the motion carried. A REQUEST FOR VARIAI3CES OF THE FRIDLEY CITY CODE AS FOLLOWS: 5ECTION 205.053, 4, B4, TO REDUCE TfiE MINIr1UM SIDE YARD SETBACK ADJOINING AN ATTACHED GARAGE FROM 5 FEET TO 2 FEET (EAST SIDE OF LOT) AND SECTION 2�5.053, 4B, TO REDUCE THE MINIMUM SIDE YARD SETBACK ADJOINING LIVING AREA, FROD'i 10 FEET TO 8 FEET (EXISTING SETBACK OF WEST SIDE OF HOUSE) ALL TO ALLOW THE CONSTRUCTION OF AN ADDITION ONTO THE GARAGE LOCATED ON LOT 18 AND 19, BLOCK E, RIVE:•-JIEW HEIGHTS, TIiE SAP•'L� BEING 543 JANESVILLE STREET N.E., FRIDLEY, MINNESOTA. (REQUEST BY MR. JOSEPH SCHOMMER, 543 JANESVILLE STREET N.E.l FRIDLEY, MINNESOTA.) �. birs. Schommer was present to present the request. MOTiON by Wahlberg, seconded by Kemper, to open the public hearing. Upon a voice vote, there being no nays, the motion carried. The lot survey and a picture of the house were shown to the Board. Chairman Drigans asked Mrs. Schommer if they had an existing garage. Mrs. Schommer said they have a tuck under garage and that they are proposing to construct a 10 foot addition onto the east side of it. Mrs. Wahlberg asked if the addition would just be a single story and Mrs. Schommer said they are planning to just add onta the tuck under gazage and have a redwood deck on top of it. Mrs. Gable said the picture shows a tree near the back of the house and asked if this tree would have to be removed to build the addition. Mrs. Scho�ner said that the addition would not extend that far back. Mrs. Wahlberg asked if there would be an entrance to tlie deck from the hou�e and Mrs. Schommer said the only entrance would be from outside. Chairman Drigans asked about the variance�to 8 feet that is being asked for. Mrs. 5chommer said that when the house was built, the contractor had built it anly 8 feet from the line instead of the required 10 feet. Mrs. Wahlberg stated that then this variance was just for hausekeeping purposes. Mr. Mattson said that Mr. Schommer had mentioned that he might want to add an addition �o the back of the house, having it flush �aith this side of the house, which would require the variance to 8 feet being approved first. Mrs. Schommer said they have talked about building this addition off the back, but that they have decided to build it off the middle of the house which would keeg it 10 feet from the side lot line. Chairman Drigans asked who lives on the lot to the east, next to the garage addition. Mr.s. 5chommer said the people who lived there just moved out and it hasn't been sold yet. She added tYiat the property is owned by DeGardner Realty. Chairman Drigans asked how far away this adjoining house i•s from the lot line. Mrs. Schommer said she didn't know but that it was set back a lot farther than their's from the front property line. Mr. Mattson added that it is set considerably farther back than the Schommer's house. The Minutes of the Appeals Commission Meeting of September 16, 1975 Page 2 t Chairman Drigans noted that the survey shows the front setbacks of 529�Janesville and 563,Janesville on it, and it was noted that these were not the properties adjoining the Schommer's land but the second houses away on either side. Mrs. Gabel asked Mrs. Schommer if she had talked to the neighbors about the variance request. Mrs. Schommer said she had talked to the neighbor to the west and to the people who live two houses to the east and they had no objections. Chairman Drigans stated that his suggestion was to have the administration contact Mr. DeGardner, who Mrs. 5chommer says owns the lot to the east and who was not notified of the variance, and then if he has any objections or if he has no objections to let the Planning Comanission know. (NOTE: The three lots to the east are not owned by Mr. DeGardner, but are owned by Esther Hagberg who was sent notification of the variance public hearing.) Chairman Drigans asked Mrs. Schommer when they planned to start construction on the addition and if tabling the request would cause them any hardship. Mrs. Schommer said they had planned to start construction in the Spring and a delay of a few.weeks would not matter. MOTION by Wahlberg, seconded by Gabel to table this request until the Sept. 30, 1975 Appeals meeting to allow the administration time to contact Mr. DeGardner. Mr. Kemper asked if notices would be sent to the pxoperty owners again and Mr. Mattson said they would not. A VOTE UPON THE MOTION, there being no nays, the motion carried. 2. A REQUEST FOR A VARIANCE OF SECTION 205 134, 3A AND B, FRIDLEY CITY CODE, TO INCREASE THE MAXIMUM LOT COVE:ZAGE FROM THE REQUIRED 40 PERCLNT FOR A ONE STORY BUILDING AND 35 PERCENT FOR A TWO STORY BUILDING (84,968 SQUARE FEET) to 47.51 PERCENT (100,917 S UARE FEET) TO ALLOW THE CONSTRUCTION OF AN ADDITION ONTO THE EXI5TING BUILDING LOCATED ON PART OF LOT 4, (PARCEL 1900} AUDITOR'S SUBDIVISION NO. 79, THE SANIE BEING 5280 MAIN STREET N.E., FRIDLEY, MINNESOTA (REQUEST BY KURT MANUFACTURING CO., 5280 MAIN STREET N.E., FRIDLEY, MINNESOTA 55421.) MOTION by Kemper, seconded by Wahlberg, to open the public hearing. Upon a voice vote, there being no nays, the motion carried. Mr. Bill Kuban, president of Kurt Manufacturing, and Mr. Jef Holle, proposed general contractor, were present to present the request. � The plot plan for the proposed addition was shown to the Board. Mr. Kuban explained they propose to construct an additiona1�.18 to 20,000 square feet onto the east end of their. building. He said the brick front will be extended approximately 100 feet to the east and then approximately 200 feet to the north to be flush with the sides of the existing building. He said the existing loading dock and ramp will be moved and the addition will be a high hay area with two cranes. ` _ Mr. Kuban explained the green area along Main Street will be removed down to the fence line to make more parking spaces. t9r. Holle.said there is presently 167 parking stalls and by constructing the addition, they would lose 6 or 7 stalls. He saic� in the .survey he took during the last few�weeks, they never have more than 104 cars in the lot. He added this will probably decrease in the future because of people sharing rides with the cost of gas qoing up. Mr. Kuban said City of Fridley The Minutes of the Appeals Comanission Meeting of September 30, 1975 The meeting was called to order by Acting Chairwoman Wahlberg at 7.:40,P.M. MEMBERS PRESENT: Wahlberg,.Gabe1, . NfEMBERS ABSENT: Drigans, Kemper OTHERS PRESENT: Howard Mattson - Plemel Engineering Aide APP.ROVAL OF APPEALS COMMISSION MINUTES: September 16, 1975 MOTION by Gabel, seconded by Plemel, to approve the minutes of the September 16, 1975 meeting as written. Upon a voice vote, there being no nays, the motion carried. � 1. A REQUEST FOR VARIANCES OF THE FRIDLEY CITY CODE AS FOLIAWS: SECTION 205.053, 4, ��, B4, TO REDUCE THE MIPdUMUM SIDE YARD SETBACK ADJOINING AN ATTACHED GARAGE FROM 5 FEET TO 2 FEET (�AST SIDE OF LOT) AND SECTIOI+1 205.053, 4B, TO REDUCE THE MII3IMUM SIDE YARD SETBACK ADJOINING LIVING AREA, Fr'ZOM l0 FEET TO 8 FEET (EXISTING SETBACK OF WEST SIDE OF HOUSE) ALL To �LOw THE CONSTRUCTION OF AN ADDITION ONTO THE GARAGE LOCATED ON LOT 18 AND 19, BLOCK E, RIVERVIEW HEIGHTS, THE SAME BEING 543 JAN�'SVILLE STREET N.E., FRIDLEY, NIINNESOTA. (REQUEST BY MR. JOSEPH SCHOMMER, 543 �ANESVILLE STREET N.E., FRIDLEY, MI:VNESOTA.} Chairwoman Wahlberg noted that this item had been tabled from the September 16, 1975 meeting'as there was a question as to who owned the adjoining lots to the east. of this property. She said this has been checked, and Mrs. Hagberg and not Mr..Degardner owns this land and Mrs. Hagberg did get sent a public hearing notice on this request. MOTION by Plemel; seconded by Gabel, to remove this item from table. Upon a voice vote, there being no nays, the motion carried. Mr. Mattson stated that the Schommer's did talk to the administration about appearing at tonight's meeting, and the administration informed them that they need not appear ' as sufficient information was given at the September 16, 1975 meeting for the Appeals Com¢nission ta act on the request. Chairwoman Wahlberg informed the Board that the two variances being asked far were; 1- a side yard setback from 5 feet to 2 feet to allow an extension of the existing garage, the top of which will be a deck with the only entrance from the outside. 2- a side yard setback from 10 feet to 8 feet that is basically a housekeeping variance as the builder who originally built the house located it only 8 feet from the line. She added that this was discovered when the survey was made for the garage extension. Chairwoman Wahlberg noted the-Board could refer to the September 16, 1975 minutes to review the discussion on these variances. ' Mr. Plemel asked if there has been any response from Mrs. Hagberg on the variance and Chairwoman Wahlberg said there had been none. Mrs. Gabel said she felt the Board wen�t over this item sufficiently at the last meeting. Chairwoman �ntahlberg said in view of this fact, it appears that unless there are additional ques tions, the Board should act on this request. MOTION by Gabel, seconded by Plemel, to recommend approval of the variances to reduce the side yard on the west from 10 feet to 8 feet, and the side yard on the east from S feet to 2 teet. Upon a voic� vote, there being no nays, the motion carried. ]�F n 0 � . •,� \, ' i . . I . ' I • � --� i REGULAR COUNCIL MEETING OF OCTOa[R 20, 1975 • P'AGE 4 ; • The City Attorney answered that it is not in tiie ordinance now, but it seems to him it would be the duty of the police to observe conditions in violation and act on it, or report it to the proper authority if it is not in their. juris�iction. Mr. Nicholas Garaffa, 6750 P4onroe Street addressed the Council and said that he had been at the Planning Cornmission F1eeting and that there was one thing that was brought up there that clid.not satisfy him. There could be an instance where someone has a car that is in an inoperable condition and does not have a garage, and perha�s a son av�ay at college who �•rani:s the car, It appears there may a little bit of circumstai,ces causing undue conflicts with someone who had good intentions. Councilman Fitzpatrick said if the car a�ere licensed, even it it were inoperable, it �•rould not be tovred a�vay. � Mayo�° Nee said there �•aould be discretion on the part of the officer, and it is his feeling that we should proceed �•rith this; and if we run into problems with it, it could be amended, C�unc;lman Starvralt said that on page 2 of the Lnvironmental Commission minutes; he cannot reconcile this rrith page 5 of the agenda. The Public tdorks Director said that this ordinance"has been under discussion for some time, and this now becomes Chapter ��23, . Councilman Fitzpatrick said that the Planning Commission was acting on t!�at recommendation. � UPON A VOICE VO7E, all voting aye, Mayor Nee declared the motion ca'rried. unanimously. • • RECEIVItJ� THE f41PlUTES OF THE PLANf11MG COi�iMISSIOFd PIEETI�lG OF OCTOBER 8, 1975 1. COfdSIDERATION OF APPEALS COMMISSIOM t1INU7ES OF SEPTEt•1f3ER 22, 1975: � f {i. J. SCHOMM[R, 543 JFsP.ESVILLE x � °°'"r �� The Public Worl:s�Director explained that this was a request by Mr. Schommer � for variances to reduce the minimum side yard setback adjoinina an attached ' garage from five feet to two feet, (east side of lot), and to reduce the • minimum side yard setbach adjoining living area from ten feet to eight feet to allow construction of an addition onto'the garage. He further explained that this first variance indicates the two feet from the east property line. 1'he second variance, to reriuce it from ten feet to eight feet, is a housekeeping type of request in thai the house was initially located to that eight foot dimension befor2 we set the requirements of verifying surveys The Appeals Commission, at their September 30 �leeting, recommended.approval of this request. ". 14ayor Nee asked if there were any fui°ther considerations on this item. Cauncilman Fitzpatrick said that: it t,�as in line with our encouranement of i:aving gar.�ges and i:h�re is rio record in the minutes of any objections. MOT10N�w�;�s made by Councilman fitzpatrick to concur with the request to approve variances as recommended by �he Appeals C.amcnission. Seconded b,y Councilwoman Ku4;owski. G. MIKE 0'aF�NPtCPl, 1420 KERRY CIRCL[ The Public Works Director pointed eut that this ��as 'a variance to reduce the required fror�t yard setback i'rom 35 fe�t to 20 feet to allow the constructior; of a dwell,ng and garage on Y.crry Circle. It should also be pointed out that 0 0 i • . ; � �; �• i tj�.: ' C� �., •� i � .. -HRfe:�1E �� 4 �� ( i ' �. ,. -. 4` � � . REGULAR COUNCIL MFETING OF OC70DER 20, 1975 OLD QUSIN[SS CONTINUF.[? � 1.�5 PAuE 3 MOTICN by Councilman Starwalt to waive the second reading and adopt Ordinance �'G02 as submitted and oublication ordered. Seconded by Councilman Breidcr. Upon a voice vote, all votir.g aye, Mayor Nee declared the motiun carried. unanimously. . IyEW 6USItdESS: COivSIDERATIOV OF �'1P.S? Rrp.pipJG �F FP1 ORDI^AfJC[ [STABLISHItdC, CHAPTER 123; JUfdK VEHICLE�S: F4ayor P,ee said he had asked the City Attorney to prepare an explanation of tl�is ordirance. The City Attorney said that at tl�e time �-:e discussed the remodification �,�ith the various depart�rents, it was relt that Lhe State Statutes on motcr vehicles was sufficient. Since then it developeJ that it is fine for the vehicl2 ti�at has �een abaridctied, but it �� ii�t eff2e;:ive ��here the person wlio oti•ans ti-�e property has a juni: vehir.le. t�Je have restated the ordin:ance previously ��ith a fetiv minor• amendments. It vras discussed ��lit:h the Polic� Department and the Inspection Department and with the Planning Commission. . ' Councilman Fitzpati�ir.k added that at the P.lanning Commission Meeting, it tvas discussed in grea��detail, and that he wa� prepared to move on the adoption. Ne said it had a very thorough roirg over. MOTIOtv by Councilman Fitzpatrick to adopt the first reading of ordinance establishing Chapter 123, 4•rith the recommendation that the Ci;,y Attorney w.iil make improveirients un the languaye in the second reading, Seconded by Cuunc�i- woman Kukowski. 7he City Attorney explained that the general purpose of the ordinance esY.ah?ish- ing Chapters 17_3, Junl; Vehicles, is to authorize the City Administration to order ' the removal of cer.tain vehicles that are inoperable or not licensed and this definition is any vehicl� that is not in an oGerahle co��dition, or part.ially ' dismantled and not �roperly licensed. First, a��arniny is issued to remove tl7e � vehicle, anc'. secend; if not done within a certair period of time, the o!vner may receive a citation for vio7ation of ordinance. ` 14ayor Plee asked if this t��ould keep �eople from keeping junk cars on their rroperty. Councilman fitzpatrick said it arould�if they are not operable. and not licensed. The City Ai.torney said that afiter notification has been niven to the properCy ov.mer, � ii: cannot remain on the property. They titi�ould have ten days to remove it. Mayor Nee �aid i:h�t he assinT�es tfiat it sa id sumetvhere in the ordinance that the ' C,ity �aill noi:ify th�m that they a;°e in violation. He also said he ti•ras having •, trouble �vith tL•e gr4�nma�,, � t � I .� i The City Attarney said tnat. he :�roul� clear this up for the second reading, f•1r. Carl Paiilson, �t30 td,i:, 571-E� Place was present and acidressed i:he Counci� and asked wh� v�ould deterinii�e �!;en �:�n automobile �vill be removed, for exam�le, a case where a� aufomebile s�Us ��een sittiri� c�n a lot for a year, Th� City Attorr,ey said it �•rotrid I;e tl��e du�y of th�e pol ice officer or an emp7c�yee ofi the Citv to•repori: any vialation af �ny ordinan�e. rtr. t'aulson asl:ed, in a sit.ta4ion ti��l�ere the nei�hbors allow this, could i:he }.��1'ice obsei��,�e this and t.ake aci:ion, ts there someth�ng in tne ordinance that :.ize ',�olice could Lai:e act��:,n. ' ' , ___ __ �' . r` ..��' �i��,��'�� City Council ' Planning Commissioxi � ACTION TAKEN NOTICE � `�1 ' � M . , O. �D � . � . `� Mr. J. Schommer � ' . ' S43 Janesville Street N.E. � Fridley, Mn. 55432 � • d . O Dea.r �Ir. Schomuter: . � . _ - W - - z Qn October 20, 1975 , the Frzdl.ey City Council z. � officiallg approved the recommendation Cs) of the Pl,anning �.� ,; � Commission on your request for sideyard variances to � feet &�£eet : � J ' with the stipulations listed below. • ' � � If you have any question� regarding the above actior�, � � please call the Community Development Office at 571-3450. � • V~3 . Q � Sincere�.y, w . - _ . t- : � . 0 Z Jerrold L. Boardman w • � Planning Assistant , z w � > Q. . , � . . _. . c� . : • [c STI�ULATIONS: . - w > . t _ Z . . � _ � • M ' - �T . . t0 . . . . . . . . . . . � � . � � � • � . � � . . .. � . . . � . _ � . -.. . � � ' , � . . . . . . . . . . , . . . . . . .. . r. . . . . . W � z . 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