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VAR 11.77OFFICIAL 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 6431 University Avenue Northeast at 7:30 P.M. on Tuesday, November 29, 1977 to consider the following matter: A request for a variance of the Fridley City Code, Section 205.053, 4B, to reduce the side yard adjoining living area from the required 10 feet to approximately 6 feet, to allow a family room, destroydd**by fire,,to be rebuilt on the same Tocation, on Lot 27, Block 3, Melody Manor, the same being 7421 Lyric Lane N.E., Fridley, Minnesota. (Request by Arthur Dondlinger, 7421 Lyric Lane N.E., Fridley, Minnesota 55432). Anyone who desires to be heard with reference to the above matter will be heard at this meeting. VIRGINIA SCHNABEL CHAIRWOMAN APPEALS COMMISSION Note: The Appeals Commission will have the final action on this request, unless there are objections from the surrounding neighbors, the City Staff, or the petitioner does not agree with the Commission's decision. If any of these events occur, the request will continue to the City Council through the Planning Commission. 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 Hali at 6431 University Avenue Northeast at 7:30 P.M. on Tuesday, November 29, 1977 to consider the following matter: A request for a variance of the Fridley City Code, Section 205.053, 4B, to reduce the side yard adjoining living area from the required 10 feet to approximately 6 feet, to allow a family room, destroydd'by fire,:to be rebuilt on the same Tocation, on Lot 27, Block 3, Melody Manor, the same being 7421 Lyric Lane N.E., Fridley, Minnesota. (Request by Arthur Dondlinger, 7421 Lyric Lane N.E., Fridley, Minnesota 55432). Anyone who desires to be heard with reference to the above matter will be.heard at this meeting. VIRGINIA SCHNABEL CHAIRWOMAN APPEALS COMMISSION Note: The Appeals Commission will have the final action on this request, unless there are objections from the surrounding neighbors, the City Staff, or the petitioner does not agree with the Commission's decision. If any of these events occur, the request will continue to the City Council through the Planning Commission. SUBJECT City ®f Fridley ' AT THE TOP OF THE TWINS APPLICATION TO BOARD OF APPEALS o COMMUNITY DEVELOPMENT DIV. i PROTECTIVE INSPECTION SEC CITY HALL FRIDLCY 55432 NUMBER REV. �- DATE PAGE OF APPROVED BY ��"��"'��� �•, 612.560-3150 910-- 23 1 3/21/75 11 2 800 Name _ Ad ress Phone Legal Lot No. Block No. Tract or Addn. Description Variance Request(s); including stated hardships (attach plat or survey of property showing building, variances, etc., where applicable) i JI H %E r! w C_ - P U 0 1= 14 &? Sll e® T- N E Hay � c 0 pi C 0 �- "- -off T ." ` - r A °- r P _ r e. e_ Iz. -t Vii. a -r- p s= F T H a- �e r re_H eN . k -J' a tvyy t, b &I �4 & -t°D peat o t_z fit L F #4 /,;-, Ve -11411-r W 0a s r- A rt e No V /0 - Date 70b Or— Meeting Date a Rec:ei t No. Sig ture Comments & Recommendations by the Board of Appeals City Council Action and Date e,. City of Fridley 7` AT THE TOP of THE TWINS SUBJECT APPLICATION TO BOARD OF APPEALS I i L ___ COMMUNITY DEVELOPMENT DIV. y - --. PROTECTIVE INSPECTION SEC. T -'.1. CITY HALL FRIDLEY 55432 612-560-3450 (Staff Report) NUMBER 910-F23 REV. 1 DATE 3/21/75 PAGE OF 2 2 APPROVED 6Y 800 staff Comments Board members notified of meeting by j J- e, - 7 7 List members, date notified, and "Yes" or "No" for plans to attend hearing. Plan Name' Date To Attend ,. Pearson making appeal and the following property owners.having property within 200 feet notified: By Whom Name Robert & William Holmquist -450 75th Avenue N.E. Date /J%'�r/ V1 Phone or Mail �"7/WI Notified G� 476 75th Avenue N.E. Mr. & Mrs. Arno Rosein-7400 Lyric Lane N.E. Mr. & Mrs. Kenneth Parlour -7381 Tempo Terrace N.E. Mr. & Mrs. Dale Messerli-7410 TempoTerrace N.E. Mr. & Mrs. Orville Sturm -7400 Tempo Terrace N.E. Ms. Donna McBrian-7398 Tempo Terrace NE.. John P. Glic'k"7390 Tempo Terrace N.E. Mr. & Mrs. Jack Weems -7391 Lyric Ldffi N.E. Mr. & Mrs. Ronald Randall -7399 Lyric Lane N.E. ' Ms. Audrey Wallis -7401 Lyric Lane N.E. . Mr. & Mrs. Thomas Gronlund-7411 Lyric Lane N.E. Mr. & Mrs. Arthur Dondlinger-7421 Lyric Lane N.E. Mr. & Mrs. Albert Roberge -7431 Lyric Lane N.E. Ms Donna Mercucci- 7441 Lyric Lane N.E. Mr. & Mrs. John Legut- 7391 Tempo Terrace N.E. ' Mr. & Mrs. Carrol Rahn -7399 Tempo Terrace N.E. Mr. & Mrs. Robert Tickey-7401 Tempo Terrace N.E. Mr. & Mrs. Max Evertz-7411 Tempo Terrace N.E. Mr. & Mrs. Bertram Smith -7450 Tempo Terrace N.E. Mr. & Mrs. Eugene Vnuk-7440 Tempo Terrace N.E. Mr. & Mrs. Kenneth Johnson -7430 Tempo Terrace NE Mr. & Mrs. Thomas Schonebaum-7420 Tempo Terrace N.E. MM 4. M.. " .7. IJI L- -7J -Jn r1 •.•.+. n .a"WVVQIu-I -tjI L-yl"IL LcUlt• K.L. Ms. 'Dorothy Wicklund=7461 Lyric Lane N.E. OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE APPEALS COM14ISSION 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 6431 University Avenue Northeast at 7:30 P.M. on Tuesday, November 29, 1977 to consider the following matter: A request for a variance of the Fridley City Code, Section 205.053, 4B, to reduce the side yard adjoining living area from the required 10 feet to approximately 6 feet, to allow a family room, destroydd-by fire,,to be rebuilt on the same Tocation, on Lot 27, Block 3, Melody Manor, the same bein7421 Lyric Lane N.E., Fridley, Minnesota. ?(Request by Arthur Dondlinger, 7421 Lyric Lane N.E., Fridley, Minnesota 55432). Anyone who desires to be heard with reference to the above matter will be heard at this meeting. VIRGINIA SCHNABEL CHAIRWOMAN APPEALS COMMISSION Note: The Appeals Commission will have the final action on this request, unless there are objections from the surrounding neighbors, the City Staff, or the petitioner does not agree with the Commission's decision. If any of these events occur, the request will continue to the City Council through the Planning Commission. CITY or FRIDLEY,! SUaJtCTI_ Iv�IiliAis�oTA CONlMISSyON APPLICAT101M _...._..._ . l REVIEW—''- DePcrl�tfFlT? vi;on, .. .. fVum��iADPrwed by ! Dote O. COMPLETE REVIEW CHECKLIST F%%E NO/ AOOR253 _ ... FILB OATS RETURNTO PLANNING - OUQ OATH _... . R] . rra � 'COMMENTS R/A-cm Dick El Item #2 11-29-77 ADMINISTRATIVE STAFF REPORT 7421 Lyric Lane N.E. A. PUBLIC PURPOSE SERVED BY REQUIRMENT: Section 205.053, 4, B,1, requiring a 10 foot side yard setback for living areas in an R-1 zone. Public purpose served by this section of the code is to maintain a minimum of 20 feet between living areas in adjacent structures and 15 feet betwen garage and living areas in adjacent structures to reduce exposure to conflagration of fire. Also to allow for aesthetically pleasing open areas around residential structures. B. STATED HARDSHIP: When we purched the house, one of the best features was a family room on the first floor, right off the kitchen. We would like to rebuild the family room that was destroyed by fire on November 13, 1977. C. ADMINISTRATIVE STAFF REPORT: Field measurements show that there will be 16 feet between the family room and neighboring attached garage at the closest point. The patio in the rear of the garage was converted into living area without a proper permit. We have no record of when the patio conversion took place. ADMINISTRATIVE STAFF REPORT 7421 Lyric Lane N.E. H A. PUBLIC PURPOSE SERVED BY REQUIRMENT: Item #2 '11-2'9-77 Section 205.053, 4, B,1, requiring a 10 foot side yard setback for living areas in an R-1 zone. Public purpose served by this section of the code is to maintain a minimum of 20 feet between living areas in adjacent structures and 15 feet betwen garage and living areas in adjacent structures to reduce exposure to conflagratian of fire. Also to allow for aesthetically pleasing open areas around residential structures. B,- STATED HARDSHIP: When we purched the house, one of the best features was a family room on the first floor, right off the kitchen. We would like,., to rebuild the family room that was destroyed by fire on November 13, 1977. C. ADMINISTRATIVE STAFF REPORT: Field measurements show that there will be 15 feet between the family room and neighboring attached garage at the closest point. The patio in the rear of the garage was converted into living area without a proper permit. We have no record of when the patio conversion took place. APPEALS COMMISSION MEETING - NOVEMBER 292 1977 Page 4 Ms. Gabel agreed with Mr. Kemper's comments. She said that the situation should not have happened. She indicated that since it was already done, and there was,enough open space between the structures to keep within the intent of the code, it would have to be "lived" with. Mr. Barna supported the comments by Mr. Xemper, . He said that it should not have happened, but it did happen, and the house was already constructed and he said it would be after -the -fact to deny the variance. He said that the expense of moving the structure would go onto the City Council and he doubted that they would tell them to move the structure. Chairperson Schnabel didn't feel that moving the house would be the alternative. She said that a motion could be made to have the petitioner purchase some additional land from the adjacent property owner. Mr. Barna said that any alternative would most likely be very expensive. He didn't feel it was the Appeals Commission's position to "punish' somebody for having made an.obvious error,.' He did point out that this was a very "obvious error" that should not have happened. MOTION by Mr. Barna, seconded by Ms, Gabel, that the Appeals Commission approve the request for variance of the Fridley City Code, Section -205.053,4:B, to reduce the side yard adjoining living area from the required 10 feet to 8,8 feet, to accomodate an error in placement of the house on the lot, located on Lot 20, Block 19 Innsbruch North Second Addition, the same being 1406 hest Danube Road N.E., Fridley, Minnesota. Mr. Barna made the comment that this was an avoidable error and he hoped that it did not happen again. Ms. Gabel said that she would be willing to vote against the variance if she thought it would do any good. UPON A VOICE VOTE, all voting aye,.the motion carried unanimously. 2. 0A REDUCE'THE SIDE YARD ADJOINING LIVING — F7, ET - - -1 FEET Request t y Ar __u -r- on Inge Fridley, Minnesota 55432). c -N.E.� MOTION by Mr. Kemper, seconded by Mr. Plemel, to Open the Public Hearing. Upon a voice vote, all voting aye, the motion carried unanimously. The Public Hearing was opened at 8:01 P.M. APPEALS COMMISSION MFI,TING - NOV ., BFR 29, 1977 Page 3 Mr. Kemper indicated that when sitings were difficult and that close of tolerence existed between the lot lines, he felt that -all that much more care should have been taken. He said that it was all the more difficult to approve a variance after the entire structure was complete. Chairperson Schnabel indicated that the only alternative the Appeals Commission had was to recommend that some additional land be purchased from the adjacent property owners; or else they would have to grant the variance. Mr. Kemper said that the Engineering Department and Staff should have really checked much more carefully. Chairperson Schnabel pointed out that when the petitioner went in to City Hall with his proposed site location, evidently it had showed a house that fit properly on the lot 'hna required no variances. She said that most likely when the footings had been dug, that the house had been shifted. Chairperson Schnabel read.a comment that had been made an the Commission Application Reviews "It is after the fact,"but why did property owner indicate a 12 ft. side yard setback with a smaller front yard setback initially. If accurate information had been submitted initially, a house revision could have been made and no variance required." Mr. Kemper said that j by the scale of that drawing, a person could see that it ;could not have worked. Chairperson Schnabel indicated that the adjacent house was 34.2 feet from the common property line, so that there was adequate space between the structures. Mr. Kemper said that he didn't feel that the public purpose was being violated. He said that his concern was with the way the entire thing had been handled. He said that it was obvious to untrained eye that the scale of the drawing was wrong. He said that the construction of the house should not have been allowed with the poor quality of drawing that had been presented. He said that the Engineering Department should be cautioned to do a better job to see to it that the drawings submitted at the time that building permits are issued are scaled correctly. He again said that he had no problem with the public purpose he only had a problem with the way it was done. MOTION.by Mr. Plemel, seconded by Mr. Barna, to close the Public Hearing. Upon a voice vote, all voting aye, the motion carried unanimously. The Public Hearing was closed at 7:56 P.M. APPEALS COMMISSION MrETING - NOV{� BER �9, 1977 Page 5 ADMINISTRATIVE STAFF REPORT 1421 Lyric Lane N.E. f A. PUBLIC PURPOSE SERVED BY REQUIRMENT: Section 205.053, 4, B,1, requiring a 10 foot side yard setback for living areas in an R-1 zone. Public purpose served by this section of the code is to maintain a minimum of 20 feet between living areas in adjacent structures and 15 feet betwen garage and living areas in adjacent structures to reduce exposure to conflagration of fire. Also to allow for aesthetically pleasing open areas around residential structures. B.• STATED HARDSHIP: lihen we purched the house, one of the best features was a family room on the first floor, right off the kitchen. We would like., to rebuild the family room that was destroyed by fire on November 13, 1977. C. ADMINISTRATIVE STAFF REPORT: Field measurements show that there will be 16 feet between the family room and neighboring attached garage at the closest point. The patio in the rear of the garage was converted into living area without a proper permit. We have no record of when the patio conversion took place. Mr. & Mrs. Dondlinger were present at the meeting. Ms. Gabel asked when Mr. Dondlinger had converted the patio into living area. Mr. Dondlinger said that it was that way when he purchased the house two months ago. Mr. Kemper asked if he planned to rebuild the family room in the exact location and with.the same dimensions as before. Mr. Dondlinger said that it would be built in the same place but that he planned to go back into -the rear yard a few additional feet, He said that he wouldn't be going any further into the side yard. APPEALS COMMISSION MEETING`- NOVEMBER 29, 1977 Page 6 Mr. Dondlinger indicated on the survey the exact locations' of the house, garages and family room. Mr. Kemper asked if the family room.previously had been the patio. Mr. Dondlinger said that the original patio was converted into a family room previous to when he purchased the house. Chairperson Schnabel read a statement from the Building Permit that had been issued 11/07/619 "Patio on back of garage cannot be enclosed, must remain patio or porch". She said that when the family room was added, the people adding the family room did so without a building permit. Mr. Kemper asked how the fire started. Mr. Dondlinger said that it was caused by a Ben Franklin stove that didn't have an insulated chimney. Mr. Dondlinger said that he was planning to extend the entire house back five feet into the rear yard. Mr. Dondlinger reinforced Chairperson Schnabel's statement that the neighbors' garage did get blistered by the fire in his family room. Ms. Gabel asked if the Fire Department had been able to go between the two houses. Mr. Dondlinger said that they had been able to get between the two structures. MOTION by Ms. Gabel, seconded by Mr. Barna, that the Appeals Commission receive a letter dated November 150 19779 from Mrs. Thomas Gronlund. Chairperson Schnabel read the letter into the minutes of the meeting. "To: Mr. Clark: We have no objections to the enclosure of the family room at ?421 Lyric Lane N.E." UPON A VOICE VOTE, all voting aye, the motion carried unanimously. The letter was received at 8:09 P.M. Ms. Gabel asked if Mr. Dondlinger planned to have windows on the South Wall. Mr. Dondlinger said that there previously had been windows but that he didn't plan to have any. Mr. Kemper asked if he would be doing the work himself. Mr. Dondlinger said that he planned to do some of the work himself. APPEALS COMMISSION MEETING - NOVEMBER 29, 1977 Page 7 f Chairperson Schnabel pointed out that in the early 1970's the request to enclose patios and porches was. going before the Appeals Commission very often. Ms. Gabel said that since the statement had been issued on a Building Permit in 19611 that the Appeals Commission had to keep in mind that styles'of living has changed. She felt that family rooms had become a very big part of the lives of: a lot of people. She said that Mr. Dondlinger had bought the house with the intent that he would have a family room. She said that he had nothing to do with the fact that the family room had been built without a building permit. Mr. Plemel said that he realized that to deny the request would be penalizing Mr. Dondlinger, but he said to approve it would seem that the Appeals Commission was undermining the Staff's objective of making the statement. Chairperson Schnabel said that the other side of the issue was that had the fire not occurred, Mr. Dondlinger would be utilizing his family room that he had purchased with the house. She indicated that another point to consider was that in the course of the fire, the adjacent garage only blistered rather than actually catching fire. She felt that that could be a strong case for allowing the construction of the family room in the same location. She said that with no openings in that adjacent wall would reduce the chances even more of conflagration of fire. Mr. Barna indicated that Mr. Dondlinger would be required to have a fire wall between the living area and the garage. Mr. Dondlinger said that there would also be a fire wall along the lot -line side of the family room. Mr. P1emel felt that the Appeals Commission would be condoning un -authorized construction if they start routinely approving these types of requests. Mr. Barna said that the Appeals Commission could.look_at the idea that there was not a family room presently there and that his kitchen had been destroyed and that he wanted to add a family room in the area behind the garage. He said that he would have no objections with that request at all. Mr. Kemper said that if a person buys a house with a family room and the family room was destroyed by fire, that person should be able to rebuild it if he so desires. APPEALS COMMISSION MEETING - NOVEMBER 29, 1977 Page 8 1 _ MOTION by Mr. Barna, seconded by Ms Gabel, to close the Public Hearing. Upon a voice vote, all voting aye, the motion carried unanimously.- The Public Hearing was closed at 8:20 P.M. MOTION by Ms. Gabel, seconded by Mr. Kemper, that the Appeals Commission approve the request for variance of the Fridley City Code, Section 205.053,4,B, to reduce the side yard adjoining living areas from the required 10 feet, to approximately 6 feet, to allow a family room destroyed by fire, be rebuilt on the same location on Lot 27, Block 39 Melody Manor, the same being 7421 Lyric Lane N,E., Fridley, Minnesota, with the stipulation that the adjacent wall of the family room be a fire wall with no openings. Chairperson Schnabel pointed out that the statement that had been made on the 1961 Building Permit had been keeping with the Zoning Ordinance. However, she said that if the person chose to enclose the patio/porch, they would have had a right to appeal. Mr. P1emel didn't feel there was a hardship for Mr. Dondlinger in terms of space for his family. Ms. Gabel said that Mr. Dondlinger had bought a house with a family -room. She didn't think that the Appeals Commission was justified to devalue the price he paid for the house and penalizing him for something that happened prior to his o1mership. She said that the true hardship was that it would be taking something away from him that he had bought and paid for. UPON A VOICE VOTE, all voting aye, the motion carried unanimously. 3. RECEIVE MEMO FROM•, JERROLD L;� B_0_ /1/�A�nl S"T 0 rl Irf'% T TAT'1'"1T /IM T/T TT. 'f7 1 Chairperson Schnabel said that the purpose of the memo was to give the Planning Commission an idea of what work that had to be done through the remainder of 1977 and through 1978. Chairperson Schnabel explained that the reason the memo was going to the sub -commissions was to let them decide if there were some specific items that commission would like to review before the Planning Commission reviewed it so that their inputs would be considered by the Planning Commission.