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AF-V - 47860% % �i ,�- � . � . (,�tjr ()f �'t'it�l�'Y � AT TI1E TOP Of THE TN/INS ; �� , � �� .__._ COMMUNI'(Y DEVF.LOPMEN7 DIV, r � �' ^ � PFtOT[CTIVE INSP[CTION 5EC. . � � _____ _- f S ` `�..� :,UBJtGf 0 APPLICATION TO BOARD OF APPEALS � � �/""1, � CITY HALL FHIDLEY � 55432 NUMNF:H REV. OATE . i'AGE OF APNftOVED NY �-..__.Il• •� g»_�r�_;�aso 910-F23 1 3/21/75 1 2 800 Name �� Address J � �'/ y�� /� �i �%� 0 Leqal Lot o. Block No. Tract or A� �� Description ` Variance Request(s); including�stated hardships (attach plat or survey of property showing building, variances, etc., where applicable) � � � �a� �� 1 i� L%��- `� �er� . � .�%ti�v`�� _ __ �� ,�_�''�� , — , � Meeting Date Fee �-a� -'7 (o � l� , cs a 0 Receipt No. �Signature Z ��i �� ,� Da e �� Comrteni:s & Recommendations by . • the Board of Appeals City Gouncil Action and Date auN�tcr , . ��tr ��• �� s��z��y • �� AT TN6 70P UF THF. TN/INS APPL I CAT I O�J TO BOARD OF �PPEALS ; �� ' �4 _____� COMMUNITY DEVELOPMENT DIV. �Stiaff R�.'��Ort� r �� PROTECTIVE INSPECTION SEC. - 1 . � �, � r�"1 • CI7Y HALI fRIOLEY SS4�2 NUMpE.F REV. UA7E PAGE OF AVVHOVEU BY `.��'�./ �.J 612-560-3d50 glp_F23 1 3/21/?5 2 2 800 Staff Comments � Board members notified of ineeting by �� 1t Q' �/�,�,. /�%%._• List members, date notified, and "Yes" or "No" for plans Ito a�tend hearin . ' Plan Date To Attend Name . . _ �S �S P . �� . � n10 . � Pearson making appeal and the following property owners having property within 200 feet notified: . . By Whom ' . Name � Date Phone or Mail Notified �� 1 �c/ -/� �J " /i7� 0 � �� . � . . 0 0 0 OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE APPEALS COMMISSION TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN that the Appeals Coi[enission of the City of Fridley will meet in the Council Chamber of the City Hall at 7:30 P.M. on Tuesday, April 27, 1976 to consider the following matter: A request for a variance of 5ection 205.053, 4A, Fridley City Code, to reduce the front yard setback from the required 35 feet to 25 feet to allow the construction of a house and garage to be located on Lot 3, Block l, Heather Hills 2nd Addition, the same being 1411 Kerry Circle N.E., Fridley, Minnesota. (Request by Mr. Mike O'Bannon, 5298 Fillmore Street N.E., Fridley, Minnesota 55421.) Anyone who desires to be heard with reference to the above matter will be heard at this meeting. VIRGINIA WAHLBERG CHAIRWOMAN APPEALS COMMISSION ADMINISTRATIVE STAFF REPORT 1411 Kerry Circle N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.053, 4A, front yard setback of 35 feet. Public purpose served by 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" encroachznent into the neighbor's front yard. B. STATED HARDSHIP: Because the house is on the first lot of the cul-de-sac it will be located behind the house on I�ot #2 to the east. C. ADMINISTRATIVE STAFF REVIEW: Tk2e actual curbing in this particular cul-de-sac right of way was shifted to the north in order to allow for a buildable site on Lot 6 across the street. Sta.ff feels that if the petitioner is able to maintain approximately the same distance between the curbing and the house setback that they would have no objection to the variance. 5taff recommends that in as much as the 1,ot to the east in undeveloped, a house could be placed on the neighboring lot which would not restrict the view of the petitioner. NOTE: The Appeals Commission will have the f inal 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 through the Planning Commission with only a recommendation from the Appeals Commission. 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' �� {0 Q � f , � �1 ` y z �e �, j h �� N � �. . ` � � 'a� � c�l � asi' �X n9 �°v � �� .Al ` jBtl � � �t �� '��r� � i� ; ` W w 3'�-' / �¢�� 01� t o � � � W z� � " �� - 3� � p��E py�� x� � �� `y �z � ��£0��i \ 1 � � � ,- --:_ _ � � ' �a �� ,. ., ,o/ rp� � / �'� � % � //� - .�.r _ 'E.ris�� yoir,se � I ` � ! =�_rs � . . . . �. . . . . �. 1� / `y �{` � ��` - � � ./� , � ` '' . ° � ' ` Diainoys qe ; " �ry�so �ot ,� ,E"osema►'t �11�' // 9t ost�� 3� � _ � 6F f ��Q�� ) � A,� � � 9` � % �� ...._ n � �� / / ia /� �� _� �`` -. � � �� L _ _ ` _ � � FooP D�ai�a9e Eart�nl '�_ "r�'------------- ` ` i "�, .., � - _ _ -�. ...�.�� . � `- r- � � � z uk: F� E� ri: ��J � t (r fc,. ;.,— L, n N�:. � E�, . � ; fi+ �� KE RR Y CI iZCL E E:� � . �., .• o e a v � : �^ _ ° - -� - � ' � '. FRIDLEY APPEAIS COMMISSION MEETING OF APRIL 27, 1976 - PAGE !t Mr. Villella said that he could make the house 960 square fee� wit a one-car - garage, and there should be no problem. Chairwoman Wahlberg said t was her understanding that the adjacent 1and owner had no objection to ilding on this pr.operty� and Mr. Villella said that was correct. He said he ad a new house plan in mind that would be 2!t' X 1t0' with a single-car gara � and would be either a front split or side split. Chairwoman Wahlberg pointed out that he would still setback variances and the !t0' lot variance. She sa change the garage entrance from the side street to could be elimi.nated. / re the two side yard t if he �ras willing to araund� that variance Mr. Barna asked Mr. Popp if he would have any o jections if the house was smaller and he could be assured it wouldn't o truct his view� and Mr. Popp replied he wouldn't if Mr. Villella would c ge the plans. Chairwoman irdahlberg asked Mr. Holden if thought the Board should approve the house plan� and he replied that he uld recommend that the house plan be submitted to the City Council. MOTION by Mr. Barna, seconded b,y N!r . Gabel, to close the public hearing. Upon a voice vote� all voting aye the motion caxried unanimously. Mrs. Gabel said she didn't was willing to work within hensive Housing Plan. She Chairwoman Wahlberg said 25o coverage� another to add to this lot to in h' she could object to this since Mr. Villella h guidelines� and this p1.an fit into the Compre- so £eli ii would bring up the value of existing homes. t in addition to his willingness to work with the to be made is that t,�tere is really no land anailable it up to code. ., � . MOTION by Mrs. Gabe , seconded by Pqr. Barna� to approve the requests for variances 1, 2, !t d 6, and deny the req_uests for variances 3 and 5� noting that the develon has agreed to tY�is. Upon a voice vate� a11 voting aye� the motion carr' d unanimously. Chai.rwoman W berg thanked Mr. Villella for his patience with the city in determining his, and said she would make an effort to help him get on the City Cou.nc' agenda for next Monday. � Mr. Hold told Mr. Villella that the city wanted to inform him that it may be necessa that this !t0' lot and others be chaxged an additional sewer and water . assessment� as these lots were not assessed as buildable sites. 2. A REQUEST FOR k VAftIANCE QF THE FRIDLEY CITY CODE AS FOLIAWS; • SECTION 205.053, �, TO REDUCE THE FR,ONT YARD SETBACK FROM THE REQUIRID 35 FEET�TO 25 FEET� TO ALIAW THE CONSTRUCTION OF A HOUSE AND GARAGE TO BE LOCATID ON IAT 3, BIACK 1, HEATHER HILIS 2ND ADDITION� THE SAME BEING 1ltll KERRY CIRCLE N.E.� FRIDI,EY� MINNESOTA. (REQUEST BY MR. MIKE 0'B�ANNON� 5298 FILI�MORE STREET N.E.� FRIDLEY� MINNESOTA 5�lt21.) 0 .. . . ' . _ . . . . ,..m...._ .._. ... ....:.... .. . .:�"".". 3. FR.IDLEY APPEALS COMi�ISSION MEETING OF APRIL 27� 1976 - PAGE 6 and felt there real.ly wouldn�t be much of a problem in maintaining a site line for both the houses. He said it,would be possible to build the house at 35�, but the back yard would be upset. He added that he thought�the request for variance was reasonable. Chairwoman Wahlberg asked if when the staff discussed the existing Lot #6 the street circle was the circumference that was originally planned, and Mr. Holden replied that assuming the survey of the house to be correct� either the street had not shifted as far north as was expected or the radius has changed. Chairwoman Wahlberg said that because of the shape of the lot and the aesthetics involved, she felt it would need a variance of some sort. MpTION by Mr. Barna, seconded by Mrs. Gabel, ta grant the variance as stated. Upon a voice vote, all voting aye, the motion carried unanimously. REQUEST FOR A VARIANCE OF THE FRIDLEY CITY CODE AS FOLIA`�TS: SE ON 205.053, �tB, TO REDUCE THE SIDE YARD SETBACK FROM THE REQUIRED 10 FEET 6 FEET, TO ALIAW THE CONSTRUC2ION OF A HOUSE AND GARAGE TO BE LOCATED ON IAT 1, BLACK 3, AL ROSE ADDITION, THE SAME BEING 6270 RNERVIETnr TER�ACE N.E,, ERIDLEY� M'i3ESOTA. (REQUEST BY MR. A. C. A�iATTSOI�', 1S9 RIVER EDGE WAY N.E. � FRIDLEY, MIN OTA 55�t32.i MOTION by Mr. Ba , seconded by Mrs. Gabel, to open the public hearing. Upon a voice vote� all v ing aye, the motion carried unanimously. . Mr. Mattson approached e Board, along with Mr. and Mrs. LeRoy Winner, owners of the lot to the south. JISTRATIVE STAFF REPORT A. PUBLIC PURPOSE SERVED BY AEQUI NT: Section 205.053� ltB, side yard setback of 10 feet. Public purpose served by this section 's to maintain a minimum of 20 feet between living areas in adjoining struc res and l5 feet between garages and living areas in adjoining structures ; l. Reduce exposure to conflagration of fire between structures an 2. To allaw for open areas around residential structures to maintain aes etically pleasing surroundings. B. STATE HARDSHIP: Lot is not wide enough for propo�ed house plan. C. ADMINISTRATNE STAFF REVIEW: The survey submitted wi the proposed house , dra�rn to scale on it shows only 6 feet of clearance to e north lot line and 5 feet of clearance to the south lot line. The 5 foo setback to the garage is within City Code. The distance from the proposed use to the existing garage on adjoining property would be approximately 1 feet. Due to the fact that there is adequate lot width and depth, the stai� feels that a house could be designed to fit the side yaxd setbacks of City Code. MOTION by Mr.'Barna, seconded by Mrs. Gabel, to receive tYte Administrative Staff Report�. Upon a voice vote, all voting aye, the motion carried unanimously. 0 FRIDLEY APPEALS COMMISSION M�:ETING OF APRTL 2?� 1976 - PAGE 5 MOTION by Mr. Barna, seconded by Mrs. Gabel, to open the publia heaxing. Upon a voice vote� all voting aye, the motion carried unanimously. Mr. 0'Bannon stepped forward to presen�t his proposal. : '' ADMINISTRATNE STAFF REPORT A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.053� 11A� front yard setback of 35 feet. Public purpose served by this section is to a11ow for off-street garking without encroaching on the public right oi way. Also the aesthetic' consideration of the neighborhood to reduce the "buildi.ng line of sight" encroachment into the neighbor's front yard. B. STATID HARDS.:IP: Because the house is on the first lot of the cul-de-sac it wi.11 be located behind the house on Lot ;�2 to the east. C. ADMINISTRATIVE 5TAFF REVTE'�r7: The actual curbing in this particu2ar cul-de-sac right of way was shifted to the north in order to allow for a buildable site on Lot 6 across the street. Staff feels that if the petitioner is able to maintain approximately the same distance between the curbing and the house setbaek that they would havs no objection to the variance. Staff recommends that in as much as the lot to the east is undeveloped, a house could be placed on the neighbori.ng lot which would not restrict the view of the petitioner. MOTION by Mr. Barna� seconded by Mrs. Gabel, to accept the Administrative Repori. Upon a voice vote� all vot�ing aye� the motion carried unanimously. Mr. 0'Bannon stated that he was the developer of the Kerry Circle axea, and showed the Board a photograph of the lot and a map of the lots on the cul-de-sac. He said he was asking �o move the house up so it would be a little more in line with the other houses and still put two caxs in the driveway. Mr. Barna said he was out to the axea today and felt there was approximately , 25 feet from the curb to garage. Mr. 0'Bannon said�he thought it was rnore like 35 - !t0 feei. � Chairwoman Wahlberg asked if the land sloped away in the back, and Mr. 0'Bannon replied it did not, only about three feet at the�most. She asked if the basic reason for movi.ng the house forward was continuity with the rest of the houses, and Mr. 0'Bannon said it was. HOTION by Mr. Barna, seconded by Mrs. Gabel, to close the public hearing. Upon a voice vote, a].1 voti.ng aye, the motion carried unanimously. Chairwoman Wahlberg asked Mr. Holden if a normal 35 foot setback woulci restri.ct • the neighbor's view. Mr. Holden replied it would be possible for them to set a house back far enough. He stated that in respect to Lot #6 which had been moved in closer� staff felt it could be kept the same distance (house to curb)