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AF-V - 47890:..,._,. . . / „ suiuicr - ., � �;;.t�- �� � �� ��� �� � ��y �� � �T 1HE TOP OF TIIE 7NlINS � ����LS ;�, APf L I CI�T I ON TO BO/�Rll OF A , � . � � CbMtv!UNI'fY DEVELUf'�AEN7 UIV. � �.V-..._.. , r � � PHOTCC7IVF, lN,°,P[:CTIOtJ SEC. 1 . � � t �-�'1 � CI7Y NAII FHIDLEY SSd32 ��U�ANFN n[v UarE rncF OF nNPHUVEU HY � .._..J�.i .�� G19 `�5�1.aa:�p 910-F23 1 3/21/75 1 2 £300 23ame ��� � e� j�d '�' Addr. ess �� � C S'% P ne ��I `�� 6' y `� d Legal Lot No. Block No. Tract or Addn ... � pescri��tion � � Variancc Request(s); including stated hardships (attach plat or survey of properL-y showing building, variances, etc., where applicable) � �` �Z13 � _ . . ,,,�� � ---- - - . .��� - . � . � . � - . , Date .. ' Meeting Date e Feceipt I�o., Signature � � z$��� �� �'-'"�- �3 �(� Comments & Recommendations by . � the Board of Appeals _%�.APB� tl � D �t Z8� 7L City Council 1lction and Date ' :.UHJkG( � •.•t_•-• � �.li� <)�� �'�1'lt�jt'�' �� AT TIil: TOI' UF THf. TN/INS �PPL I CA.T IO�J TO 130/1f�D OF APPEI�LS �� ; �, ' ` (Staff Repart) � ' • COMMUNITY DEV[LOPMEN7 DIV, i � V' ' r "' � � PfIOTECT�VE INSP[CTtON SFC. 1 � • 1 � � � � i""1 : CITY NALL FRIDLEY 55432 ��UMBkA riEV. �atE P�6E UF avv�tOvtU Uy �-----�•• •'� st�-��u-�aso 910-I'23 1 3/21/75 2 2 800 Staff Comments Board members notified of ineeting by �- -��%• � List members, date notified, and "Yes" or "No" for plans to a�tend hearing. " Plan I Date I To Atfend „ Name � Pearson making appeal and the following property owners having property within 200 feet notified: By Whom OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE TNE APPEALS COMMISSION TO WHUM 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 Ha11 at,6431 University Avenue Northeast on Tuesday, Sept�m6er 28, 1976 at 7:30 P.M. to consider the fo1J owing matter: A request for a variance of Section 205.053, 4, A, Fridley City Code, to reduce the required front yard setback from 35 feet to 20 feet,�to allow the construction of a dwe1ling and garage, located on Lot 10, Block 1, Heather Hills Second Addition, the same being 6170 Kerry Lane N.E., Fridley, Minnnesota. (Request by Michae1 E. 0'Bannon, 5298 Fi11more Street N.E., Minneapolis, Minnesota 55421). Anyone who desires to be heard with reference to the above matter will be heard at this meeting. VIRGINIA SCHNABEL CHAIRPERSON APPEALS COMMISSION Note: The Appeals Commission wi11 have the final action on this request, unless there are objections from surrounding neighbors, the City Staff, or the petitioner does not agree with the Com mssion'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 Corrr�nission. i Item #3 ADMINISTRATIVE STAFF REPORT 61.70 Kerry Lane N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Sec�ion 205.053, (4,A), front yard setback of 35 feet Public purpose served is that the front yard setback nestrictions tend to keep structures back far enough to attain adequate open space for aesthetic purp�s�s_,and also to make the space in front of a garage door long enough to allow the parking of vehicles without encroaching into public right of way. B. STATED HARDSHIP: The grade of the lot makes further setback require a very deep footing and the cutting af two large oak trees. C. ADM�NISTRA7IVE STAFF REVIEW: This lot does fall away from the street, therefore, moving the construction back on the lot would result in the lowering of the rear footing. However, we feel a home can be designed that would fit on the lot that would not enc'raach into any required setbacks and would not be any further back on this lot with respect to the rear line of the house. . We feel that the Commission will have to hear the petitioner's reasons for the request, and receive the comments of the neighbors and then make a determination on the matter. Fridley Appeals Commission Meeting - September 28, 1976 Page 6 5 ii ,— • 3. REQUEST FqR A VARIANCE OF SECTION 205.053, �t, A, FRIDLE7C CITY CODE, TO RIDUCE THE REQUIRID FRONT YARD SETBACK FROM 35 FEET TO 20 FEET, TO ALIAW THE CONSTR.UCTION OF A DWELLING AATD GARAGE� IACATID ON LOT 10, BLOCK 1� HEATHER HILIS SECOND ADDITION� THE SAME BEZNG 6170 KERRY LANE N.E.� FRIDLEY, MINNESOTA. (Request by Michael E. 0'Bannon, 5298 Fillmore Street N.E., Minneapolis, Minnesota 55l�21). MOTION by Barna, seconded by Kemper, to open the Public Hearing. Upon a voice vote, all voting aye, the motion carried unanimously. ADMINISTRATIVE STAFF REPORT A. PUBLIC P'URPOSE SERVED BY REQUIREMENT: Section 205.053, �s A� Pront yard setback of 35 feet. Public purpose served is that the front yard setback restrictions tend to keep structures back far enough to attain adequate open space for aesthetic purposes� and also to make the space in front of a garage door long enough to allow the parking of vehicles without encroachi.ng into public right of w�y. B. STATID HARDSHIP: The grade of the lot makes flirther setback reqnire a very deep footing and the cutting of two large oak trees. C. ADMINISTRATIVE STAF'F REVIEW: This lot does fall awey from the street. � Therefore� moving the construction back on the lot would result in the lowering of the rear footing. However, we �eel a home can be designed that would fit on the lot that would not encroach into any required setbacka and would not be any ftiirther back on this lot with respect to the rear line of the house. We feel that the Conunission will have to hear the petitioner�s reasona for the request, and receive the comments of the neighbors and t,hen make a determination on the matter. Mr. 0'Bannon was at the meeting to present the request, along with Mr. R�t Cadwell� 1293 Brighton Square, New Brighton, who would be the owner oP the houae. Mr. 0'Bannon presented the plans:to the Board and explained that although the house would be 20' from the lot line, there was a steep hill and it xas �rooded. He showed where the large trees were situated on the lot and how the houae would face� and explained there was also a 10' boulevard so the house would actually be 30' from the street. He stated that he was asking for a 15' variance because there was a steep grade in the rear, and as the house sat� �he basement would be sitting out of the ground. Mr. Barna noted that the property in back of these lots was park, so th�ere would be no more lots behind these. Chairperson Schnabel noted it Waa 20' back from the garage side� and actually 26� back from the living quarters. � . Fridley Appeals Commission Meeting - September 28, 1976 P�e 7 5 J J � Chairperson Schnabel asked Mr. Cadwell how many cars he owned, and he replied he had two and had no plans to hane more than that. He explained it was a four-level home, and showed which level would be at the ground level. Mz'. Cadwell stated he and his wife had been working with Mr. 0'Bannon since last November and had discussed several different plans� but this was the one his wife liked. MOTION by Kemper� seconded by Gabel, to close the Public Hearing. Upoa a voiee vote, all voting aye, the motion carried unanimously. Mr. Barna stated he did not object to this encroachment into the front yard as in the previous request. He explained that it was in line �ith the type of structures in the area which were varying in their distance from the street� and he felt this made for a very nice looking area. Mr. Kemper stated he didn�t feel they were violating the intent of the ordinance with this proposed variance. Chairperson Schnabel said that Staff had felt there could be another h�e designed that would fit on the lot with no vaxiances� but the petitioner had stated they had worked with a number of different plans and this one fit their needs the best. She stated that xhile there may be another plan available that would meet code� it might not meet the petitioner's liring requirements. Mrs. Gabel said she agreed that there were areas where a little well-planned variety was a good thing. � MOTION by Kemper, seconded by Gabel, that the Appeals Conanission approv�e the request for variance. Upon a voice vote, all voting �ye� the motion carried unanimously. !t. QUEST FOR VARIANCFS OF THE FRIDLEY CITY CODE AS FOLLOW.Ss SBCTION 205.135� l, ), TO ALLOW OFF-STREET Pt�RICING TO BE WITHIN 0 FEET OF THE LOT LINB INST F SET BACK THE REQUIRID 5 FEET� AND� SECTION 205.135, 1� (B�1�)� TO ALLOW -STREET PARKING WITHIN 3 FEET OF THE MAIN BUILDINQr� INSTSAD OF SETBACK REQUIRID 5 FEET� BOTH TO ALLOW THE CONSTRUCTION OF A SPECULATIVE BUI G TO BE IACATID ON LO`!'S 3, !� and 5, BLOCK 6, ONAT�tAY ADDITION, THE SAME NG ??60 BEECH STREET N.E., FRIDLEY� MINNESOTA. (Request by Paco, Inco rated, 5920 Kirkwood I,ane, Minneapolis, Minn. 551,27 ) . MOTION by Barna� seconded by Gabel� open the Public Hearing. Upon a v�oice vote� aZl voting aye, the motion carrie animously. ADI�INISTRATNE STAFF RT A. PUBLIC P'URPOSE SERVED BY REQUIREMENT: Section 20 . 5, 1� (�s3), prohfbit- ing parking any closer to a lot line than 5 feet. Public purpose served by the requirement is to provide for p ectiaa of adjacent property owners from vehicle eneroachment and to all for � a landscaping strip between properties.