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Description � •
Variance Request(s ; including stated ardships �attach plat or survey of property
sho��ing building, variances, etc., wher ag��able)
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Staff Comments .
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OFFICIAL NOTICE
CITY OF FRIDLEY
PUBLIC HEARTNG
BEFORE THE
APPEACS OOMMISSIQN
TO WHOM IT MAY CONCERN:
NOTICE IS HEREBY GIVEN THAT the Appeals Commission of the City of
Fridley will meet in the Council Cham6er of the City Hall at 6431
University Avenue Northeast on Tuesday, September 28, 1976 at 7:30 P.M.
to consider the following 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 dwel1ing and garage, located on
Lot 9, 61ock 1, Heather Hills Second Addition, the
sar�e being 6180 Kerry Lane N.E., Fridley, Minnesota.
(Request by Michael E. 0'Bannon, 5298 Fillmore
Street N.E., Minneapo]is, Minnesota 55421).
Anyone rvho desires to be heard with reference to the above
matter will be heard at this meeting.
VIRGINIA SCHNABEL
CHATRPERSON
APPEALS COMMISSION
Note: The Appeals Commission will 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 Cor�nission's decision. If any of
these events occur, the request will continue to the City Council through �
the Planning Corr�nnission with only a recommendation from the Appeals Commissian.
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I.tem #2
ADMINISTRATIVE STAFF REPORT
6180 Kerry Lane N.E.
A. PUSLIC PURPOSF SERVED BY REQUTREMENT: :
Sec�ion 205..053, (4,A), front yard setback of 35 feet .
Pub1 ic purpose served is that the f.ront yard seiback restrictions � �
tend to keep structures back far enough to attain adequate open
space for aesthetic purposes, and also to make the space in frbnt
of a garage door long enough to allow the parking of vehicles without
encroaching into public right of way.
B. STATED HARDSHIP:
Grade and shape of 7ot makes this an unbuildable lot if the
required setback had to be met.
C. ADM.INISTRATIVE 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 6e designed that
would fit on the lot �hat would not encroach 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 Comnission 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,
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Fridley Appeals Commission Meeting - September 28, 1976 Page 5
done in the City of Fridley.
Mrs. Schnabel asked if the fence across the street was 12' bac , because in her
mind that didn't seem like it was terribly close to the stre . Mr. Holden
looked through the records and returned to say that there s no verifying
survey for the house across the street from the Tomczaks Mrs. Schnabel looked
through the file on that house� and said it didn't te them very much. She
said they would have to proceed without that visual 'mage in mind.
rir. Barna stated that his major concern was tha there were thousands of lots
like this in Fridley where the front yard was he side yard, ox vice versa,
and although the swir�ming pool itself would e flush with the ground, it was
still an accessory building. He said tha if they granted a vaxiance for
an accessory building in this case� the might be opening it up for garages
and other structures in front yards.
Mrs. Gabel pointed out that it wa 't the Tomczak's fault that it was their
front yard by a technicality, Chairperson Schnabel said that it was an unfortun-
ate thing the shape of the 1 created the problem.
Mrs. Gabel asked if it wo d be conceivable they could put up a 1�' fence on
the property line and p in an above-ground swimming pool. Chairperson
Schnabel said that a foot fence v�ould be required. Mrs. Gabel asked if
they would also need a variance for an above-ground pool, and P�r. Holden replied
it would be treate the same way. A�ir. Barna said he objected to allowing a
variance for an� cessory stru.cture in a front yard.
MOTION by Ba a, seconded by Kemper, that the Appeals Commission recommend to
Council, th ugh the Planning Commission, denial of the request for vaxiances
to allow e constructian of an inground swimming pool. Upon a voice vote,
Baxna, K per and Schnabel voting aye; Gabel voting nay, the motion carried 3-l.
Chair erson Schnabel explained to Mrs. Tomczak that this woul.d go before the
Cit Council on the 18th of October, and she could present her plans again
at that time.
2. REQUEST FOR A VARIA1vCE OF SECTION 205•OS3, �, A, FRIDLEY CITY CODE, TO
REDUCE THE RE�UIRr'� FRONT YARD SETBACK FROM 35 FEET TO 20 FEET, TO ALLO�d
THE CONSTRUCTIOFI OF A D�,TELLING AND GAR.AGE� LOCATID ON BLOCK l�
HEATHER HILLS SECOND ADDITION� THE SAT��IE BEIN 1 0 KERRY LANE PJ. �
FRTDLEY r7INNESOTA. (Request by Michael E. 0'Bannon� zl more
Street N.E.� �!inneapolis, Minnesota 551�21).
The petitioner withdrew his request as he had designed a house that would
come zsithin City Co e.
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