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AF-V - 47884• CITY OF FAIOLEY� SU9JECT �6431 UNIVEFi31TY AVE. NL. � FRICLCY. MN. 6543t L6'121 571-34✓O � VARIANCES AQpRESS 6Z5Q Kerry 1 ane � � _ DATE /27�� APPEALS COt4MISSION: APPROYED ___ DISAPPROVED_ DATE '��-�� N0. CITY COUNCIL REYIEW: REQUIRED: rYES CITY COUNCIL: APPROVED DISAPPROYED DATE _ N0. STIPULATIONS: � . . — - �, NAME Mark A Samncnn FEE �b�O?� RECEIPT No.Ia7�3 - Lp_ T N0, BLOC____ K N0. TRACT OR ADDITION . LEGAL QESCRIPTION: F7v ,�� Twn'�2�,• Noathcr u;�� YARIANCE•REQUEST(S): (Attach plat or survey of property showin�g building, variances, . etc., where applicable) /D �,� .� Rllow living area (to be bathroom) on second story above northwest corner of garage per plans previously approved (�permit issued) five feet (rather than ten feet) from north lot line seven feet in length. (See area outlined in red ink on sheet 4 of attached plans.) No exterior windows or doors (only skylight):� Section(s) of the City Code: ZaS, 07.3 .�D .('Z,, �q) List specifi�c hardship(s) which requires the variance(s): "Pie-shaped" lot (narrow at front, wide at back) coupl•ed with "drop-off" . point relatively near front of lot leaves narrow building area. 0 DATE� 27 Anril 1984 SIGNATURE _� ADDRESS 271 N.E. Sylvan Lane, Fridley, �1N �_.__ ----- � 0 - �H) 571-1262 (0) . y YARIANCE,L • fOR C1TY USE OKLY . "_ =�. Bcard �aembers notified of ioeeting by May• 4, 1984 . List Qead��s, ' date notified, and •lfes" or "l�" tor p ans to atten hearin9. ' � • Plan Na�e • • O�te�' To Attend Patricia Gabel (Chairwomen) 5-4-�84 . . , --- James Plemel � 1 � . � pe�soi noking aPpeal and the following p�operty owners having propert within 200 feet notified: � • . Name � 8y Whcm • • Date Phone or M1ai1 Notified _- .-- . �Ir. Mark A, Sampson, 150 Kerr Lane N.E, . 5-4�84 Mail . ." � ^1r, & Mrs. Steven Butgu�saim., 6160_ Kerry Lane N•,E.' �. & Mrs. Ronal.� Ca we}1 R�],ZO K rrv• an N•E• . Mr .Q� Mrc I ccl io (, Cvonrlcen 6,171 Il�,v.v.v i�.�.., �.1 C - P9r. & Mrs. James Schaffran, 6180 Kerry Lane N.E, Mr. & P1rs. Robert Dona1ds, 1400 Kerry Circle �J,E, �1s. Jean A, Schumacher, 1410 Kerry Circle N.E, Mr. & Mrs. Karl Kreter, 1420 Kerry Circ1e N.E, Mr. & Mrs. Bruce E. Anderson, 1430 Kerry Circle N, _._ _� Mr, & Mrs.•Dennis Bybliw � 1470 Rice Creek Orive Ns �..----.._..r_ M& M Properties, 1481 Rice Creek Drive N,E, .._._____M._�. ._,_ Mr, & Mrs. Robert Hel6erg, 1491 Rice Creek Dr. P�,E Mr. Alan J. Pa1mer, 1460 Rice Creek Drive N.E. . , � -- ------ �....� - �_______ 0 � _l � , � _J ' _ CITY OF FRIDLEY, COMMISSI�N APPLICATION MINNESOTA REVIEW _�._ �- � CITY OF FRI�LEY 6431 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA 55432 AMENDED NOTICE OF PUBLIC HEARING TELEPHONE ( 612)571-3450 May 4, 1984 ice is hereby given that the Appeals Commission of the City of Fridley 1 conduct a Public Hearing in the City Council Chambers at 6431 University �nue Northeast at 7:30 p.m. on Tuesday, May .15, ,1g84 in regard to the lowing matter: Request for variance pursuant to Chapter 2D5 of the Fridley City Code, to reduce side yard setback from 10' to 5' to allow expansion in living area above the attached �arage, located on Lot 5, Block 2, Heather Hi11s Third Addition, the same being 6150 Kerry Lane, Fridley, MN 55432 Notice is hereby given that all persons having an interest therein will be given the opportunity to be heard at the above time and place. PATRICIA GABEL CHAIRWOMAN APPEALS COMMISSION Note: The Appeals Commission will have the final action on this request, unless there are objections from surrounding neigh6or,s, the City Staff, or the petitioner does not agree with the Comnission's decision. If any of these events occur, the request wi11 continue to the Cfty Council through the Planning Commission with only a recorrmendation from the Appeals Commission. Item �2, May 15, 198� ADMINISTRATI9S STAFF REPORT b150 Kerry Lane K.E. A. PIIBLIC PDRPOSB SERYED BY REQUTREMENT: Seetion 205.07.3D.2a requires a minimum setbaek of 10 feet between any living area and side property lines. Public purpose served by this requirement is to maintain a minimum of 20 feet between living areas in adjaeent struetures and 15 feet between garages and living areas in adjacent structures to reduce exposure to eonflagration of fire. It is also to allow for aesthetieally pleasing open areas around residential structures. B. STATED HARDSHIP: "Pie shaped lot (narrow at front, wide at baek) eoupled with drop-ofF point relatively near front of lot leaves narrow building area." C. ADMINISTRATIYE STAFF R$VIEW: This home is presently under construetion; it was granted a front yard varianee on May 24, 1983• The preseni side yard width was to have been 5 feet to the garage and 10 feet to the living area. Now they would like to utilize some of the space over the garage for Iiving area. Therefore, they need a varianee for the living area closer than 10 Peet to the side lot line. The house to the north is 11 to 12 feet off the eommon lot line. The staff has no suggested stipulations if the Board moves to approve the request. � �.� �ra ,� 1, �„. .d� � c s� I�:�. � � � &` �� ] � $ y, � �� , �.,,; . � . � � � �� . ' x' , � � � � �; � � , �.� �`� ��^ �� ^ s r F � �� ,a�. a a, a ��",�,.°aw�, � s� � � ' �,.. .� x �� ,'�� , � � �. b±M1. � , �? � � � .� . 9F�► � " � . �`R. $ x � � �'` if�� '�' ,,,�,''? . �� . � �e � rn nM � �� y �}t�r '�' .e l `S� `�` '� .ia� $ . `; , � � z� �t .8 �§fd � � �� '� �� s, t�. � � �r ,� �� z � � � g� � . � � � � � �.,� � + t� � �,�Y �u � ' � � � ' � �, � �',� � �� a �` -R ,�. �, � �. ��. � � - ia � ,�t �� , � �� ' . „ ` ��' � k � w ��. � �Y � �� `� ,. �� . � . �,�� .. � .. � 7i � . �; �� =, �� '.€ +� ��: � "`�rs : ��p r: '�5� ` � � � �{�' �� «.'!�'= .. �'.� , .e ..� . �. .. :�:196 �o.a.a..�i: . (� ..-•-��'� .. �..5.,`.., t..Y,3� �„ _ � �� .. ,. � � ;�^ �� `� F :� v �°c. � � : '��:�� s..� �' � +"a � . t ' � �a .a �i......��,«4�`;:k_..,�4a.', � ,�ax f STA7E OF t�tINNESOTA CITY OF FRIDLEY In the Matter of ��dLC�,�h,�.si�P var� tPtb�;,k frnm in . . .. ...� .� � .. ��6 APPEALS CONU1ISSION PROCEEDINGS ��ea �hnvP �p attarhari �,�r,�,g,p at6150 Kerry Lane N. E.� M�rk A_ Camncnn , Owner VARIANCE The above entitled matter came before the Appeals Commission of the City of Fridley and was heard on on the 75 day of Ma . 19 84 � on a petition for a variance pursuant to t e ity of FriTey s oning r inance, �or the following described property: Lot 5, Block 2, Heather Hills IT IS ORDERED that a variance be granted as upon the following conditions or reasons: � STATE OF MINNESOIA COUNTY OF ANOKA CITY OF FRIDLEY See Appeals Commission minutes of May 15, 1984 } ) ss. ) OFFICE OF THE CITY CLERK I, Sidney C. Inman, City Clerk for the City of Friley with and in for said City of Fridley, do hereby certify that I have compared the foregoing copy and Order granting a variance w+it1� tfie origi�al record thereof preser�red in my office, and hve found the sa�� t� be a correct and true tra�script of the whole thereof. IN TESTIMONY WF�ER�OF, i h�ve hereur�ta subscribed rtly hand at the G;i,ty �o:��,ridxley, Mi nnesota, i n the County of Anoka on the � day of �,��'� "s��A`d��. �' �, 19 �. DRAFTED BY: City of Fridley 6431 UniversYty Avenue Fridley, MN 55432 ._ . � � �► '?-: ' � �� fw r �i .. ^ � f*.r. . v; K`- a ` .,:.� . , � , �' • ,� y =A, �J : �`_�� N. E. � _ �-.; : SI NEY C. , PF��•,G T�X. �.ERKa° �� -f ,�, � •,," a •' � - Variances are valid for a period of one year following approval�,�t�d•�s�a'I'��'tie < cons i dered voi d i f not used wi thi n that peri od. '��"' �•� _. ,. - � u ' ,:: ( SEAL ) a APPEALS COMMISSION MEETING, MAY 15, 1984 _ PAGE 4 2. Mr. Betzold stated that considering the piece of property. if it �s going to be used for any business purpose, this business seemed approg�"iate. He thought the concerns expressed by the neighbor should be �a��en very seriously, possibly adding a stipulation about the landsc�p�1`ng and a stipu- lation on the approval by the City engineers for soil��ention. Mr. Barn�..stated he agreed they should add those�stipulations. As far as the usa2,� of the lot, the building seened tq� e placed in the best loca- tion. It is`��lso a good usage of the lot. : �, MOTION BY 1KR. BA�, SECONLIED BY MR. BET��LD, TO RECOMMEND R�O CITY COUNCTL £ :�A?ROVAL GF p.EQi1EST`'FOR VARIANCES PURSis►�1NT TO CHAPTER 205 OF TXE FRIDLEY CITY CODE, TO REDUCE �LOT SIZE FRO�f TNE REQUIRED 35�000 SQ. FT. TO 22,171 SQ. FT., TD REDU TNE REQ(��RED FRONT YARD SETBACK FROM BO FT. TO 66 FT. AND TO REDUCE TXE �UIR�� REAR YARD SETBACK FROM 40 FT. TO 10 FT., TO ALLOW TXE CQNSTRUCTIGY�1 OF ,�',.`REPAIR GARAGE � BE LOCATED QN I,OR' 1, BLOCK 1� TARGET ADDITZON� THE SAME B�ING �65 53RD AVENUE N.E.� WITN TXE FOLLOWING , STIPULATIONS: `" ;, 1. SOIL RETENTId'l �'�BEFORE CONSTkIlCTIOIN PLANS, BE PIADE ON THE NORTK LINE Z10 ENSURS.SAFETY OF TNE PRDPERTY TO THE NOR . a 2. THE PETI ONER WORK WITH TfJE PROP� TY OWNER TO TXE NORTX AND TX�r.�CITY QN A LANDSCAPE PLAIV TH WILL ENNANCE TNE NORTH1�ItLY SECTIQN OF TXE BUILDING. .:� UPON A VDICE" YOTE, ALL VOTING AYE� CHAIRPERSON G CARRIED Ui1�1NIlNOUSLY. Ms. G el stated these variances would probably spe 'al use permit request to the City Council. request will be heard at the Planning Comnission DECLARED THE MOTION go as a�kage with the The special use permit on May 23. MOTION BY MR. BETZOLD, SECONDED BY 1�2. BA1t1VA, TO OPEN THE PUBLIC XEARING. UPON A VOICE VI�TE, ALL VOTING AYE, CXAIRPERSON GABEL DECI.ARED TNE PUBLIC SEARZNG OPEN AT 8:14 P.Bl. Chairperson Gabel read the Administrative Staff Report: ADMINISTRATIVE STAFF REPORT 6150 Kerry Lane N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.07.3D.2a requires a minimum setback of 10 feet between any living area and side property lines. r � APPEALS COMMISSION MEETING, MAY 15, 1984 ___ PAGE 5 Public purpose served by this requirement is to maintain a minimum of 20 feet between living areas in adjacent structures and 15 feet between garages and living areas in ad�acent structures to reduce exposure to conflagration of fire. It is also to allow for aestheti- cally pleasing open areas around residential structures. B. STATED HARDSHIP: "Pie shaped lot (narrow at front. wide at back� coupled with drop-off point relatively near front of lot leaves narrow building area." C. ADMINISTRATIVE STAFF REVIEW: This home is presently under construction; it was granted a front yard variance on May 24, 1983. The present side yard width was to have been 5 feet to the garage and 10 feet to the living area. Now they would like to utilize some of the space over the garage for living area. Therefore, they need a variance for the living area closer than 10 feet to the side lot line. The house to the north is 11 to 12 feet off the comnon lot line. The staff has no suggested stipulations if the Board moves to approve the request. Mr. Sampson stated the reason for the request was as stated in the staff : review. He showed the Comnission members the plans for the house. He stated the variance request does not change any of the construction as already approved. They do not intend to put any windows in the addition. Ms. Gabel stated she talked to the neighbors to the south of Mr. Sampson, and they had no objections. PlOTIQN BY MR. BETZOLD, SEGI�NDED BY 1NR. BARNA, TD CLOSE TXE PUBLIC HEARING. r IIPON A VOICE VOTE, ALL VOTSNG AYE� CHAIRPERSON GABEL DECLARED TNE PUBL3C NSARING CL0.SED AT 8:20 P.M. Mr. Betzold stated this request does not change anything about the lot or the structure that is going onto the lot; it is more of an internal matter. He did not see any reason to deny the variance request; however, he would like to add the stipulation that there be no windows on the north side of the addition. Mr. Barna stated he agreed. He stated the petitioner is not changing the structure at all, and he had no problem with the variance. Ms. Gabel stated she felt they met the spirit of the code. There will still be the 15 ft. between dwellings, and she would also like to see the stipula- tion that there be no windows on the north side of the addition. APPEALS COHMISSION MEETING, MAY 15, 1984 _ PAGE 6 PlOTIOd�1 BY 1KR. BETZOLD� SBGY.INDED BY 1�2. BARNA� TO Al'PROVE 1'EB REQIISST FOR A VARIANCE PURSUANT TD QiAPTER 205 OF TfIE FRIDLEY CITY CODE TO REDUCE SIDE YARD SETBACK FR0�1 IO FT. TO 5 FT. TO ALLOW EXPANSId1T IN LIVING AREA 1180VE TXE ATTACHED GARAGE � LOCATED ON LOT 5� BLOCK 2� BEATXER iIILLS TXZRD ADDITIQN� TBE SAI►tE BEING 6150 I�RRY LANE N.E.� WITX T9E STIPULATION TNAT XO WINDOWS BE ADDED TO TXE IIIOji'TH SIDE OF TXE ADDITION. UPON A�/OICE VOTE� ALL VOTING AYE, CHAIRPERSON GABEL DECLARED T9iE MOTION CARRIED UNANII�lDUSLY. 3. REQUEST FOR V CHAPTER FRIDLEY CITY CODE TO E.SAt4E BEING 1651 - 615T AVENUt N.E. Kequest Dy Margo,:►��: �ecn, �o�� - st ve. .., ri ey, n. �d �- � �;� MOTION UPON A VOICE XEARING OPEN BETZOLD� SECONDED BY MR. BARNA, TO �EN TXE PUBLIC fIEARING. Chairperson Gabel � ALL VOTING AYE, CHAIRPERSt�il�1RGABEL DECLARED TXE PUBLIC :23 P.M. -�"f � �>. r��d the A�ninistra��'ve Staff Report: ��. � , � MINISTRA �IE STAFF REPORT �1 -,�st Avenue N.E. A. PUBLIC PURPOSE SERVED B�-•"A � Section 205.07.3D.2a.�equi any living area and�`side F IREMENT: minimum setback of 10 feet between y lines. Public purpose sr�rved by thls reqi�,rement is to maintain a minimum of 20 feet betwe�tti living areas in adja�ent structures and 15 feet between garages and �°iving area,s in adjacent s"tructures to reduce exposure to conflagrati:�n of fire. It is also to a'��.,�vv for aesthetically pleasing open areas� around residential structures. �� B. STATED,,�ARDSHIP: "Add'tional living and bedroom space required for ,rtcrease in family si plus additional storage requirements. Econom considerations s gest addition to the existing garage to accortmoda the increased ving needs.° C./' ADMINISTRATIVE STAFF REVIEW: The neighbor to the west, 1641 - 61st Avenue, was granted variance in 1982 to place living area 5 feet off the comnon lot lin The variance was granted with the stipulation that no windows b�placed in the east wall of the addition. � a . ��3�6 Numerica��, Grantor � Grantee Recorded_ j,� Checked�,,`''�� Margin_� Sr. Index� OFFICE OF COUNTY RECORDER STATE OF Ml�3NESOTA, COUNTY OF ANOKA i hereby certify that the within instru- ment rr✓as fil 'rr�t�ii�ffice for record on fihe_� : A.D., 19 '�,o'clock ,�'>' 11q., an as duly recorded in book pa�e �, S�'� � ounty Re�.,.._.�: Bv��O.Q1 ____ �:_ - City of Fridley 6431 University Avenue NE Fridley, Minnesota 55432 Attn: Planning Department