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VAR 910-F23•,of Fridley AT THE TOP OF WE TWINS ;!,' t • __ COMMUNITY 0[Vt:1.UPlAEN7 DIV. PHOTCCTIVF: INSPCCTION SEC. t • � CITY HALL FRIDLEY 55432 ----�• a;12.5ea•3t5° bUUJEct ' APPLICATION TO BOARD OF APPEALS Num"IR 910-F23 nEV. 1 DATE 3/21./75 PAGE OF 1 2 APPHUVEO NY £300 flamePhone ,OA /����� Address ���� P��� / 3 Legal Description Lot No. Block No. Tract or Addn. '2A ✓ A/.* A- $ ,S ate% Variance Request(s); including stated hardships (attach plat or survey of property showing building, variances, etc., where applicable) '/mac Closes -'® Ca#t jc#c ��p !7,, -7-0 - 774 4'/ 1721 e,-� Date '0A�`,�� Meeting Date Fee .�U 0 U Receipt No. signatu e c Comments & Recommendations by the Board of Appeals City Council Action and Date City of 14 ri IIey AT THE TOP OF THE TWINS �UHJtGF APPLICATION TO BOARD OF APPEALS '' COMMUNITY DEVELOPMENT DIV. 10 PFIOTECTIVE INSPECTION SEC. 1 T % CITY HALL FnIDLEY 55432 612-560-3450 (Staff Report) I+UNIM 910-r•23 HEV. 1 DAIS 3/21/75 PAUE OF 2 2 AVPHOvtU UV 800 Staff Comments Board members notified of meeting by List members, date notified, and "Yes" or "No" for plans to attend hearing. Plan Date Name lb -Y� To Attend ZINOPearson making appeal and the following property owners having property within 200 feet notified: By Whom ` Name Date Phone or Mail Notified Dailey Homes, Inc. 8510 Central 441w1 — Mr. & Mrs. Eugene Zander-6041 Benjamin St. Mr. & Mrs. Kenneth Korin-6051 Benjamin St. -- Mr. & Mrs. James Van Eerden-6050 Stinson BLvd, Mr. & Mrs. John Livingston-6060 Stinson Blvd. — Mr. & Mrs. John Sell-6070 Stinson Blvd N.E. Mr. & Mrs. Ralph Stauffer=6065 McKinley St. — Mr. & Mrs. Costas Nichols-6055 McKinley St. Mr. & Mrs. Lance Buoen-6045 McKinley St. —' Mr. & Mrs. Donald David-6145 Briardale Court Mr. & Mrs. Larry Poundstone-6135 Briar. Court Mr. & Mrs. Victor Baker-6130 Briardale Court Mr. & Mrs. Clarence Cassell-1621 61st Ave. U Mr. & Mrs. James Ysseldyke-1631 61st A. N.E. Mr. & Mrs. David Johnson-1641 61st Ave. N.E. '— Mr. & Mrs. Lee Tech-1651 61st Avenue N.E. Mr. & Mrs. Thomas Reed-6130 Stinson Blvd. N.E '- Bjarne Lee=6116 Stinson B1vd*N.E. Richard Miller-6100 Stinson Blvd N.E. OFFICIAL NOTICE CITY OF FRI'DLEY 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 on Tuesday, October 26, 1976 at 7:30 P.M. to consider the following matter: A request for a variance of Section 205.053, 5, a, to reduce the side yard width on a street side of a corner lot from the required 17 1/2 feet to 15 1/2 feet, to allow the construction of a dwelling and garage on Lot 6, Block 1, Zander's 1st addition, the same being 6064 McKinley Street N.E., Fridley, Minnesota. (Request by Dailey Homes, Inc., 8510 Central Avenue N.E. Spring Lake Park, 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 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 with only a recommendation from the Appeals Commission. Item #4 10-26-76 ADMINISTRATIVE STAFF REPORT 6054,McKinley Street N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.05.3, 4,B (5A) Corner lot side yard seback of 17.5 feet for lt'vtng area of structure. Public purpose served by this section of the code is to maintain a higher degree of traffic visibility and reduce the line of tight encroachment into the neighbors front yard. B; .'STATED ifiARDSHIP: Because of road dedication given to the City, setback is impossible without a variance. C. ADMINISTRATIVE STAFF REVIEW: It is possible, by turning the house and shifting the garage back, to build a structure on this lot within the code. Although a side yard of less than 17 1/2 feet is being requested, the exessive boulevard of over 22 feet does not appear to create any undue visual hazards on the corner. - r Staff has no objection to this variance request. City of Fridley AT THE TOP OF THE TWINS _ COMMUNITY DEVELOPMENT DIV. PROTECTIVE INSPECTION SEC. 1 j �-'-i CITY HALL F RIDLEY 55432 ____ il: `•� 612-560-3450 SUBJECT APPLICATION TO BOARD OF APPEALS NUMBER 910-F23 REV. 1 DATE 3/21/75 PAGE OF 1 2 APPROVED BY 800 Name 2" 4��/ A r/ds Phone �,f� 3r�/l7 Legal Description Sot leo. (O lBlo;jC No. Tract or Addn. Variance Reguest(s)Z including stated ardships (attach plat showing building, variances, etc., where applicable) or survey of property Date Meeting Date Fee Receipt No.. Sign re Comments & Recommendations by the Board of Appeals City Council Action and Date ' City of Fridley AT THE TOP OF THE TWINS SUBJECT APPLICATION TO BOARD OF APPEALS r 1 1 _____ COMMUNITY DEVELOPMENT DIV. 1 6L r � � PROTECTIVE INSPECTION SEC. 1 1 1 i CITY HALL FRIDLEY 55432 (Staff Report) NUMBER 910-F23 HEV. 1 DATE 3/21/75 PAGE OF 2 2 APPROVED BY612-560-3450 800 Staff Comments Board members notified of meeting/ b y f � � S List members, date notified, and "Yes" or "No" for plans to attend hearing. Plan Name Date To Attend tdli�'Li� Pearson making appeal and the following property owners having property within 200 feet notified: Whom Name Date Phone or Mail Notified JBy Dailey Mr. Mr. - Mr. Mr. - Mr. Mr. - Mr. Mr. - Mr. Mr. - Mr. Mr. - Mr. Mr. - Mr. Homes, Inc. 8510 Central & Mrs. Eugene Zander -6041 Benjamin §t. & Mrs. Kenneth Korin-6051 Benjamin St. & Mrs. James Van Eerden-6050 Stinson BLvd & Mrs. John Livingston -6060 Stinson Blvd.'-- & Mrs. John Sell -6070 Stinson Blvd N.E. & Mrs. Ralph Stauffer=6065 McKinley St. & Mrs. Costas Nichols -6055 McKinley St. & Mrs. Lance Buoen-6045 McKinley St. & Mrs. Donald David -6145 Briardale Court - & Mrs. Larry Poundstone-6135 Briar. Court & Mrs. Victor Baker -6130 Briardale Court & Mrs. Clarence Cassel -1-1621 61st Ave. N.1 & Mrs. James Ysseldyke-1631 61st A. N.E. - & Mrs. David Johnson -1641 61st Ave. N.E. & Mrs. Lee Tech -.1651 61st Avenue N.E. Mr. & Mrs. Thomas Reed -6130 Stinson Blvd. N.E Bjarne Lee=6116 Stinson R1vd*N_F_ Richard Miller -6100 Stinson Blvd N.E. Item #1 11-9-76 ADMINISTRATIVE STAFF REPORT 6064 McKinley Street N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.053, 4, (b-1) requiring a 10 foot side yard setback to living area 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 adjoining structures and 15 feet between garages and living areas in adjoining structures, to reduce exposure to conflagration of fire between structures. Also to allow for aesthetically pleasing open areas around residential structures. B. STATED HARDSHIP: Living area behind garage was overlooked in previous variance request. C. ADMINISTRATIVE STAFF REVIEW: The house as proposed is located such that adequate clearances from adjacent living areas in excess of 20 feet can be maintained when the next lot is developed. Staff has no objection to this variance request, but would like to remind the petitioner to allow for additional clearance to house to the South when making his plans. 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 Hall at 6431 University Avenue Northeast on Tuesday, November 9, 1976 at 7:30 P.M. to consider the following matter: A request for a variance of Section 205.053, 4,(b;l,) to reduce the minimum side lot requirement necessary on the living side of a dwelling from 10 feet to 5 feet, to allow the construction of a dwelling and garage on Lot 6, Block 1, Zander's 1st Addition, the same being 6064 McKinley Street N.E., Fridley, Minnesota. (Request by Dailey Homes, Inc., 8510 Central Avenue N.E., Spring Lake Park, 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 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 with only a recommendation from the Appeals 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 Hall at 6431 University Avenue Northeast on Tuesday, November 9, 1976 at 7:30 P.M. to consider the following matter: A request for a variance of Section 205.053, 411(b;l,) to reduce the minimum side lot requirement necessary on the living side of a dwelling from 10 feet to 5 feet, to allow the construction of a dwelling and garage on Lot 6, Block 1, Zander's 1st Addition, the same being 6064 McKinley Street N.E., Fridley, Minnesota. (Request by Dailey Homes, Inc., 8510 Central Avenue N.E., Spring Lake Park, 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 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 with only -a recommendation from the Appeals 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 Hall at 6431 University Avenue. Northeast on Tuesday, October 26, 1976 at 7:30 P.M. to consider the following matter: A request for a variance of Section 205.053, 5, a, to reduce the side yard width on a street side of a corner lot from the required 17 1/2 feet to 15 1/2 feet, to allow the construction of a dwelling and garage on Lot 6, Block 1, Zander's 1st addition, the same being 6064 McKinley Street N.E., Fridley, Minnesota. (Request by Dailey Homes, Inc., 8510 Central Avenue N.E. Spring Lake Park, 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 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 with only a recommendation from the Appeals Commission. n FRIDLEY APPEALS COMMISSION MEETING NOVEMBER 9, 1976 MEMBERS PRESENT: Barna, Gabel, Plemel MEMBERS ABSENT: Schnabel, Kemper OTHERS PRESENT: Ron Holden; Building Inspection Officer The meeting was called to order by Acting Chairperson Gabel at 7:34 P.M. APPROVE APPEALS COMMISSION MINUTES: OCTOBER 26, 1976 MOTION by Barna, seconded by Plemel, to approve the minutes of the October 26, 1976 Appeals Commission meeting as written. Upon a voice vote, all voting aye, the motion carried unanimously. 1. REQUEST FOR A VARIANCE OF SECTION 205.053, 4(b,l), FRIDLEY CITY CODE, TO REDUCE THE MINIMUM SIDE LOT REQUIRFMENNT NECESSARY ON THE LIVING SIDE OF A DWELLING FROM 10 FEET TO 5 FEET, TO ALLOW THE CONSTRUCTION OF A DWELLING AND GARAGE ON LOT 61 BLOCK 11 ZANDER'S 1ST ADDITION, THE SA14E BEING 6064 MCKINLEY STREET N.E., FRIDLEY, MINNESOTA. (Request by Dailey Homes, Inc., 8510 Central Avenue N.E., Spring Lake Park, Minnesota 55.32). MOTION by Plemel, seconded by Barna, to open the Public Hearing. Upon a voice vote, all voting aye, the motion carried unanimously. ADMINISTRATIVE STAFF REPORT A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.053, 4, (b-1) requiring a 10 foot side yard setback to living area 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 adjoining structures and 15 feet between garages and living areas in adjoining structures, to reduce exposure to conflagration of fire between structures. Also to allow for aesthetically pleasing open areas around residential structures. B. STATED HARDSHIP: Living area behind garage was overlooked in previous variance request. Fridley Appeals Commission Meeting - November 9, 1976 Page 2 C. ADMINISTRATIVE STAFF REVIEW: The house as proposed is located such that adequate clearances from adjacent living areas in excess of 20 feet can be maintained when the next lot is developed. Staff has no objection to this variance request, but would like to remind the petitioner to allow for additional clearance to house to the South when making his plans. No one was present to represent Daily Homes, Inc. Mr. Plemel stated that although no one was present to explain this request, it had been discussed thoroughly at the last Appeals Commission meeting and no one had any problem with it. Chairperson Gabel said that unless anyone had an objection to this request, perhaps it could be acted on. MOTION by Plemel, seconded by Barna, to close the Public Hearing. Upon a voice vote, all voting aye, the motion carried unanimously. MOTION by Plemel, seconded by Barna, that the Appeals Commission grant the variance from 10 feet to 5 feet. Mr. Holden suggested that a stipulation be added that there be no openings on that side of the structure. Mrs. Gabel asked if that wasn't part of the fire code, and Mr. Holden replied it wasn't at that distance. He explained ` dIt wasn't planned for any openings, so there shouldn't be any problem. Mr. Plemel AMENDED the MOTION to include the stipulation that there be no openings on the South side of the dwelling. Agreeable to Mr. Barna. UPON A VOICE VOTE, all voting aye, the motion carried unanimously. 2. REQUEST FOR A VARIANCE OF SECTION 205.053, 43A5 FRIDLEY CITY CODE, TO REDUCE THE REQUIRED FRONT YARD SETBACK FROM 35 FEET TO 20 FEET, TO ALLOW THE CONSTRUCTION OF A DWELLING AND GARAGE, LOCATED ON LOT 61 BLOCK 5, MELODY MANOR ADDITION, THE SAME BEING 7388 SYMPHONY STREET N.E.J. FRIDLEY, MINNESOTA. (Request by Norman and Patsy Snyder, 7733 Jackson Street N.E., Fridley, Minn. 55432). MOTION by Barna, seconded by Plemel, to open the Public Hearing. Upon a voice vote, all voting aye, the motion carried unanimously. ADMINISTRATIVE STAFF REPORT A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.053, 4, A, requiring a front yard setback of 35 feet. Public purpose served is to allow for off-street parking without encroaching on public right of way. Also for aesthetic consideration to reduce the "building line of sight" encroachment into the neighbor's front yard. 4 Gty of 1� r idley aT THE Tole OI Mfr lvnus Al _ _____ COPAIAIMITY FAVELOPPAU10 DIV. PItO11C1IVE INSPECTION ;.EC. 1 ��1 CITY HALL Ff110LEY 554 2 POF1 G1� S.ry•CWjO 910-.^• ?.3 Staff Conunents 7 Board members notified of meeting by �d date notified, and "Yes" or "No" for plans to Name Pearson making appeal and the following propel feet notified: Name Dailey Homes, Inc. 8510 Central�PI� _ Mr. & Mrs. Eugene Zander-6041 Benjamin 5t. Mr. & Mrs. Kenneth Korin-6051 Benjamin St. Mr. & Mrs. James Van Eerden-6050 Stinson BLvd Mr. & Mrs. John Livingston-6060 Stinson Blvd. `- Mr. & Mrs. John Sell-6070 Stinson Blvd N.E. Mr. & Mrs. Ralph Stauffer--6065 McKinley St. Mr. & Mrs. Costas Nichols-6055 McKinley St. Mr. & Mrs. Lance Buoen-6045 McKinley St. -" Mr. & Mrs. Donald David-6145 Briardale Court Mr. & Mrs. Larry Poundstone-6135 Briar. Court Mr. & Mrs. Victor Baker-6130 Briardale Court Mr. .& Mrs. Clarence Cassell-1621 61st Ave. N.f Mr. & Mrs. James Ysseldyke-1631 61st A. N.E. - Mr. & Mrs. David Johnson-1641 61st Ave. N.E. Mr. & Mrs. Lee Tech-1651 61st Avenue N.E. Mr. & Mrs. Thomas Reed-6130 Stinson Blvd. N.E Bjarne Lee=6116 Stinson Blvd N.E. Richard Miller-6100 Stinson Blvd N.E. Fridley Appeals Commission Meeting - October 26, 1976 Page 8 right now. He explained that they would not be using a larger percentage of the land, but just wanted to come up on the wall so they could have storage room. Mr. Holden said that VID had come in in 1975 with a request to put up a retaining wall, and the wall was designed adequately that it could maintain a building. He said the lot was 208' x 208', minus 33' for right of way. He stated that if the proposed addition was granted, almost 56% would be covered. Mr. Plemel asked if they would be losing any more green area, and Mr. Hanson replied they would not.' Chairperson Schnabel said that although it wasn't necessarily germane to the addition, she was wondering if there was any problem with parking the cars so close to the entrance and hindering the line of sight. Mr. Holden explained that Burlington Northern to the North was starting an addition, and in conjunction with that they would be reviewing the whole block area and could review that question at that time. Chairperson Schnabel asked if this addition that was proposed would just be used for storage, and Mr. Hanson replied that was correct. She asked if there was a need for an exit out of that end of the building, and Mr. Holden said they would have to review that as it might be necessary to put in a stairway. Mr. Holden explained to Mr. Hanson that there might have to be an egress for a person to leave the building at that point, and the Code was trying to avoid someone getting killed. He added that -without full plans of the building he could not evaluate if it was necessary or not. Mr. Hanson said he would go along with putting it in if it was thought necessary. MOTION by Plemel, seconded by Kemper, to close the Public Hearing. Upon a voice vote, all voting aye, the motion carried unanimously. Mr. Plemel suggested that the variance be changed to read from 40% to 61.5% of area covered by the main building and all accessory buildings over 40%. Mr. Barna suggested it be changed to an additional 1200 square feet, and the Commission agreed. MOTION by Plemel, seconded by Barna, that the Appeals Commission recommend to Council that the variance be granted to increase the size of the building by 1200 square feet. Upon a voice vote, all voting aye, the motion carried unanimously. 4. REQUEST FOR A VARIANCE OF SECTION 205.053, 5, a, TO REDUCE THE SIDE YARD WIDTH ON A STREET SIDE OF A CORNER LOT FROM THE REQUIRED 171-2 FEET TO 151 FEET, TO ALLOW THE CONSTRUCTION OF A DWELLINGT 6, BLOCK 1, ZANDER'S FIRST ADDITION, THE SAME BEIM 60 MCKINLEY STREE N.E., FRIDLEY, MINNESOTA. (Request by Dailey Home!Ed'Or C nue N.E., Spring Lake Park, Minnesota 55432). MOTION by Barna, seconded by Plemel, to open the Public Hearing. Upon a voice vote, all voting aye, the motion carried unanimously. Fridley Appeals Commission Meeting - October 26, 1976 Page 7 3. REQUEST FOR A VARIANCE OF SECTION 205.134, 3, A, FRIDLEY CITY CODE, TO INCREASE THE MAXIMUM PERCENT OF THE AREA OF A LOT TO BE COVERED BY THE MAIN BUILDING AND ALL ACCESSORY BUILDINGS FROM 40% TO 61.5%, TO ALLOW THE CONSTRUCTION OF A 20 FOOT BY 60 FOOT CEMENT BLOCK ENCLOSURE FOR COLD STORAGE, ON LOT 7, AUDITOR'S SUBDIVISION NO. 39, THE SAME BEING 4300 MAIN STREET N.E., FRIDLEY, MINNESOTA. (Request by VID Properties, (Arvid R. Hanson), 4300 Main Street N.E., Fridley, Minnesota 55421). 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 PURPOSE SERVED BY REQUIREMENT: Section 205.134, 31 A. limiting lot coverage for a single story building in an M-1 Zone to 40%. Public purpose served by this section of the City Code is to provide for adequate parking, open landscaped areas, and to limit congestion of commercial and industrial areas. B. STATED HARDSHIP: Not able to be used for improvement of outside space. Used only for outside storage - more efficient use for cold storage. C. ADMINISTRATIVE STAFF REVIEW: VID Metal Products was issued a permit in 1975 to construct a retaining wall for an outside storage area. Their present request is to enclose this area for cold storage and exceed the 401a lot coverage limits. Review of this request uncovered the fact that an exit stairway had been removed and not replaced after constructing the retaining wall. This should be replaced if it is determined that the exit way is required. The former use of the storage area was a dirt slope necessary for protection of the building foundation at that point. Therefore, the new storage platform and retaining walls essentially replaced the former slope. The adjacent areas are apparently used for temporary storage and handling of goods. In as much as there appears to be no other use for this particular area, Staff has no objection to this variance request, provided adequate exiting is maintained and the remainder of the building is landscaped properly. Mr. Arvid Hanson of VID Metal, and Mr. Rex Faschi.ng, Vice President of VID Metal, were present. Mr. Hanson stated that the variance they were requesting would not take up any more of the lot, and they would be covering an area that was unusable r Fridley Appeals Commission Meeting - October 26, 1976 Page 9 ADMINISTRATIVF#.STAFF REPORT A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.053, !t, B (5A) Corner lot side yard setback of 17.5 feet for living area of structure. Public purpose served by this section of the code is to maintain a higher degree of traffic visibility and reduce the line of sight -encroachment into the neighbor's front yard. B. STATED HARDSHIP: Because of road dedication given to the City, setback is impossible without a variance. C. ADMINISTRATIVE STAFF REVIEW: It is possible, by turning the house and shifting the garage back, to build a structure on this lot within the code. Although a side yard of less than 1719 feet is being requested, the excessive boulevard of over 22 feet does not appear to create any undue visual hazards on the corner. Staff has no objection to this variance request. Mr. Howard C. Thorson.of Dailey Homes was present. Mr. Thorson stated that there would be at least 38' from the curbline to the house because of the easement. Chairperson Schnabel asked if he would be maintaining the regular 35' setback in front, and Mr. Thorson replied he would. Mr. Holden asked if the family room was to be deleted, and Mr. Thorson said it was not. Chairperson Schnabel noted that there was only 5' between the structure and the property line on the South side, and explained there had to be 10' on that side of the house. Mr. Thorson said that when he went in to get the permit the only question at that time was the side yard setback on the street side. Mr. Holden said he had been lead to believe that the family room was being deleted. Mrs. Schnabel asked if there was a buyer for the house, and Mr. Thorson replied there was and they didn't want to cut anything out of it. Mr. Kemper asked what the proposed schedule was on this, and Mr. Thorson said the buyers wanted to have it started a month ago. Mr. Kemper said he could only see two alternatives: 1) Table the request and wait for another request with the additional side yard variance and the official notice, or 2) Act on the request as presented with the recogni- tion that they couldn't build the house as it was presently proposed. Fridley Appeals Commission Meeting - October 26, 1976 Page'10. Mr. Thorson said that he hadn't been aware that there had to be a minimum of 10' between the living area of a house and the property line, and he was afraid the buyer would have a stroke if this was delayed any further. Chair- person Schnabel explained that they were bound by codes. Mr. Thorson said he realized the Board's position, but if he had been aware of it -he could have added that to his request. Chairperson Schnabel stated she felt they should act on the variance before them with the understanding there would be another request. Mr. Holden added that the fee for the second request would be waived. MOTION by Kemper, seconded by Plemel, to close the Public Hearing. Upon a voice vote, all voting aye, the motion carried unanimously. Mr. Plemel asked if turning the house on the lot would be a problem, and Mr. Thorson said that would create a minimum rear yard, and the buyers wanted it the way it was proposed. MOTION by Gabel, seconded by Barna, that the Appeals Commission grant the request far variance with the stipulation that when the builder came in for the second variance request the fee be waived. Upon a voice vote, all voting aye, the motion carried unanimously. 5. REVIEW OF ARTICLES OF INCORPORATION OF FRIDLEY YOUTH.CENTER Chairperson Schnabel stated that at the last Planning Commission meeting it appeared that there was a real time factor on getting the Articles of Incorporation finalized and getting them into better language than they presently were. She said that it was hoped by the people who helped write them that they could get some legal help to shorten and rewrite them, so the Planning Commission decided to pass this on directly to Council and ask for their assistance and legal assistance. Chairperson Schnabel said it was then recommended that the subcommissions who had not had an opportunity to look at the articles yet could do so and offer suggestions, and the suggestions would be passed on. She explained this was merely for their review, and if there were any recommendations they could be made either to herself or Dick Harris. Mr. Kemper stated that his only comment was, "is all this really necessary?" Chairperson Schnabel said she thought that was their feeling, too. She said they didn't want to be bogged down with such an unwieldy document such as this, so they were anxious to move it to City Council. ADJOURNMENT: Chairperson Schnabel adjourned the October 26, 1976 Appeals Commission meeting at 9:30 P.M. Respectfully submitted, Sherri O'Donnell Recording Secretary APPEALS COMMISSION M=TING - AUGUSTS,, 1977 Page 11 Mr..Barna commented that the statement -had been - made of the possibility of the petitioner fencing off -Ironton Street and he said that he vias one of the people that had trespassed while going to the Nature Park. He said 'he mould like to seethe street kept open by the neighborhood and the business staying on a friendly- basis, working closely together,to keep that access to the Nature Center open. Mr. Kemper said that recognizing the City's desire to clean-up the building and the fact that there would still be two opportunities for the public to be heard regarding this subject (the Planning Commission meeting and the City Council meeting) , he MOVED . that the Appeals Commission approve the request for the variances as stated. Mr, Barna seconded the motion, and motioned that the original motion be amended to say, "That the Appeals Commission approve the request for a variances of the Fridley City Code as follows: Section 205.134, 49 A, to reduce the front yard setback from the required 100 feet, where adjacent to another zoning district, to 14 feet, and, Section 205*134, 4, C, to reduce the rear yard setback from 25 feet to zero feet, to allow the construction of a 6 foot by 14 foot enclosed entry and loading dock to an existing industrial building, located on all that part of the S1,11 ? of the NF, of Section 3, T-309 R-24, described as -follows: Beginning at a point on the Easterly extension of the,South line of Ironton Street as platted Herwal Addition, distant 260 feet East of the West line of said quarter; thence East and parallel with said West line for a distance of 415 feet; thence East and parallel with the said Easterly.extension of Ironton Street to the Southerly right of fray line of the Great Northern Railway Company; thence Northwesterly along said right of way line to its intersect''on with the said Easterly extension of the South Line of Ironton Street; thence ,lest to the point of beginning, the same being 200 Ironton Street N.E. Fridley, Minnesota, and that the landscape plans, screening, curbing, blacktopping, and all improvements be part of .the recommendation. Mr. Barnals'motion to amend the original motion, was seconded by Mr. Kemper, UPON A VOICE VOTE OF THE FIRST MOTION, all voting aye, the motion carried unanimously. UPON A VOICE VOTE OF THE AMENDED MOTION, all voting aye, the amended motion carried unanimously. ArrZ"6 UUMMISSION MEETING - AUGUST 2341977 Page 12 , • 2. A REMST FOR A VARIANCE OF SECTION 205.053, 4, B49 FKIllLE.Y CITY CODE, TO RLD110E THE SIDE YARD ADJOINING M L111VLL1.I at-x.:�.t,'1' L-KIJLEY MIRNESOTA. Request by Mr. & Mrs. THomas.E. Joseph Jr., 26 -97th Avenue NE, Blaine, Minnesota 55434.) MOTION by Mr. Barna, 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 8:41 P.M. Mr. & Mrs. Thomas E. Joseph, Jr. were present at the meeting. ADMINISTRATIVE STAFF'REPORT A, PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.053, 49 B4: requiring a side yard setback of 5 feet from an attached garage in an R-1 zone. Public purpose served is to provide open space between structures to reduce conflagration of fire, to provide access to the rear yard in emergencies and to limit the condition of crowding in the residential neighborhood, B. STATED HARDSHIP: - "My hardship is that I need a 24 foot wide garage instead of a 22 foot wide garage; because after two cars are parked side by side, the extra two feet would be for storage. Also to provide easier mobility in garage for safety reasons." C. ADMINISTRATIVE STAFF REVIEW: The adjacent structure to the south is 34 feet from the property line. The petitioner is requesting a variance to construct his garage at 24 feet. The plans submitted are drawn for a 22 foot wide garage. Mr. Joseph explained to the Commission what they planned to do. He indicated that what they wanted to do was add two feet onto the garage which was drawn up as a 22 foot wide garage. He wanted to extend the garage width to 24 feet wide by requesting a variance to reduce the side yard from the required five feet to three feet. He explained that the additional space would be used for storing a snow blower, for a small kennel they would like to build, and for space to build a work bench at the rear of the garage. APPEALS C0141-ZISSION 14EETING -.AUGUST 23, 1977 Page 13 Mr. .Prieditis of 6031 Benjamin Street NE expressed concern because of the amount of excavation being done.to the area to the -rear of the proposed house. He felt that Mr. Joseph was getting very close to the rear hill, Mr. Joseph explained that they were not going back any - further, he said that they wanted to add to the side of the garage and wouldn't be adding anything to the rear. Mr. Prieditisi said that he would like to see Mr. Joseph's builder's plans.! He indicated that his main concern was the bank of earth that would be right against Mr. Joseph's garage. Mr. Joseph ',said that the bank next to his garage would be terraced allthe way to the end.of his lot. Mr. .Priediti/s explained that people were making drastic changes to the geology in the area. He said that there was a State Code that said that the slope of that hill should be no steeper than three horizontal to one vertical. Mr. Holdenindicated on a map exactly where the proposer. house would be located. He .also showed where the other lots in the area would be. He then explained Por. Priedih's lot in relations to,the Joseph's lot. Mr. Holden went on to explain that there was a grading plan that has been approved by the City in regards to the grading of the dill that Mr. Prieditis- is concerned about. He said that that plan.did not effect the petitioner that much becatise his request was for a garage setback of 35 feet. Mr. Holden said that the grading of the hill in question in respect to the approval of the Zander's first addition was a grading plan that was submitted and approved. He said that if there was a problem with regards to the grading plan, then that should be taken up with the City Manager. He explained that the question of the grading plan should not be discussed or heard at the Appeals Commission. Vice -Chairwoman Gabel said that the question that was to be addresse& that night was the request for a variance. Mr. Priediiii said that he wanted to go on record that he objects to any further grading changes. Mr. Joseph explained that Mr. Howard Thorson would do the terracing of the land. He said that that had been an agreement when he purchased the land. Mr. Kemper said that he felt that the concern for the grading of the land was a valid concern. Mr. Holden showed the audience and the Commission the approved grading plan. APPEALS COMMISSION MEETING - AUGUST Q, 1977 Page 14 Vice -Chairwoman Gabel said that whether he gets: that variance or not he would still.have that terracing. Mr. Joseph said that the cost' of the lots included the terracing; Mr. Barna asked Mr. Prieditis. if now that Mr. Joseph 1 understood the building situation, did he still have any objections. Mr. Priedih said that he wouldn't have any objections He said that his main concern was with -the developer and the grading project. MOTION by Mr. Kemper, seconded by Mr. Plemel, to close the Public Hearing. Upon a voice vote, all voting aye, the motion carried unanimously. The Public Hearing was closed at 9:04 P.M. Mr. Barna said that looking at the public purpose served as to provide open space between the structures to reduce conflagration of fire, he said that the additional two feet would be concrete block irregardless and he said that there wouldn't be access to the rear yard along that side whether he added the two feet or not, and since the neighborhood residence was 34 feet from the lot line and since the petitioners had been informed of the building difficulties, he would have no objections to the variance. Mr. Kemper said that he really didn't see much of a hardship involved, but because of the large space that would be between the petitioners home and the neighborhood residence, he would reluctantly go along with granting the variance. Air. Plemel said that if there would have been any objections, he mould have recommended denial of the variance since two feet would not have really made a great difference. MOTION by Mr. Barna, seconded by Mr. Plemel, to approve the request for a variance of Section 205.053, 49 B4, Fridley City Code, to reduce the side yard adjoining an attached garage from the required five feet to three feet, to allow the construction of a house and garage, located on Lot 32 Block 19 Zanders First Addition, the same being 6034 McKinley Street, Fridley, Minnesota. Upon a voice vote, all voting aye, the motion carried unanimously. Vice -Chairwoman Gabel indicated that Air. R Mrs. Joseph were free to apply for their building permit. APPEALS C010113 ;ION M 2TING - AUGUST 23, 1977 Page 15 775 -53rd AVENUE 1TEs FRIL)LEY, .MINNJ,��QTA� . ( Request by Rodney Brannon, 1622 West Innsbruck Parkway, Minneapolis, MIT 55421), MOTION by Mr. Barna, 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 9:09P,M. Mr. & Mrs. Brannon and Mr. Emmett R. Albergotti, Jr. were present at the meeting. ADMINISTRATIVE STAFF REPORT A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.103, 49 (C-2), requiring a rear yard setback of 25 feet in a commercial zone.. Public purpose served is to provide for open areas around commercial structures, maintain clear access for fire fighting and reduce conflagration of fire. B. STATED HARDSHIP: We are requesting a variance to build up to ten feet from the east property line for the following reasons: 1) The equipment vie will be purchasing is designed for an eight bay car wash; 2) To create architectual balance and aesthetic design for the building; 3) To be able to provide maximum service to the customer. Therefore, since we are limited by a 35 foot setback on the gest end, it makes it necessary to request a variance to construct the building ten feet from the east property line. C. ADMINISTRATIVE STAFF REVIEW: This property is located to the west of Embers on Highway #65 and south of the new Pop Shoppe. The rear (east) property line is located on a steep enb ankment at the edge of Ember's -Parking lot. Structural as well as proper landscape measures would be required to build next to this enbankment. Access to this property is via the Target Store's outer drive. APPEALS COT24ISSI0P1 MEETING - AUGUST 23, 1977 Page - 16 14r. Albergotti, Jr., ,of Dayton Hudson Properties, explained to the Commission that what they were planning to do before the actual Car Wash,project was started. He said that they :planted to plan an access system that would serve the parcel of land in question and the remaining parcels of land. He indicated on a plan where all the parcel of land were located and what, if anything, existed on those parcels. He explained what the proposed traffic flour would be once the 53rd Avenue improvements were in. Mrs. Brannon explained that a Car Wash was being planned for the parcel in question. She had a picture of what the proposed Car I9ash would look like when it was completed. Vice -Chairwoman Gabel asked what hours the Car 'Nash would be open. Mr. Brannon said that the Car Wash would be open 24 hours a day; however, he said that a maintenance person would be available from 7:00 A.M. until 11:00 P.M. Mr. Brannon indicated that they were trying to put together a "model" car wash for the entire State. Vice -Chairwoman Gabel noted that the Brannon's would be encountering a problem as far as having to dig into a very steep hill. Mr. Holden explained that the property line per se came at the crest of the hill and it sloped down the hill at roughly a 3 to 1 slope so that the bottom of the hill would be about 30 feet from the property line. Vice -Chairwoman Gabel wanted to know where the eighth stall would be on the picture. Mr. Holden said that it would be ten feet down hill. He had a picture that showed the lot that was being discussed. Mr. Bannon said that there would be a retaining wall across the property. He said that it would be landscaped along the wall to make it very pleasing to the eye. Vice -Chairwoman Gabel questioned the reasons for the Bannon's wanting eight stalls. APPEALS C01-194ISSION M�TII1G - AUGUST 23, 197 Pale 17 Mr. Bannon explained that they wantedto provide maximum service to the people and he -felt that in the winter they would need all .eight stalls to accomplish that. type of service. He also said that the equipment. and systems were set up in modules of two. He also felt that the design was more aesthetically pleasing with eight stalls. Mrs. Bannon felt that to remove two bays, resulting in just six car wash stalls mould not be economically profitable. Mr. Brannon indicated that several different ways of laying out the plan had been tried. However, he said that the present plan was the only Wray the proposed Car Wash could be done. He said that the traffic flow was better accomplished with the plan at hand. There was a brief discussion about the traffic problems on 53rd Avenue and the proposed improvements that were going to be done to the street. Mr. Bannon said that they planned to put in some type of screening at the top of the hill for both aesthetic and safety reasons. Mr. Barna suggested they consider something on the order of a multi -floral rose hedge. He explained that that particular hedge was very dense and would discourage anyone from walking through the proposed screening. Mr. Bannon said that they would rather consider some type of hedge for screening rather than a fence. Mr. Holden indicated that from a building standpoint there would have to be a 42 inch guard rail required under City Code along all the areas that the slope was not at the required 3 to 1 slope. He explained that because the Ba.nnon's were developing the land, they would be responsible for the installation of the guard rails. Mr. Kemper asked if there would be any provision to alleviate the water runoff from the cars in the minter that could result in ice forming on the streets near the car wash. Mrs. Bannon said that they were considering the installation of an air-dry cycle that would be installed into the systems that would provide a certain amount of time -of just air that could be used to blow the excess water off the cars after they had been washed. She did point out that the feature would only be a matter of choice. She said that it would be offered but it would. be up to the customer whether he used it or not. APPEALS COMMISSION MEETING - AUGUST 2 , 1977' Page 18 Mr.. Kemper asked if the number'of stalls were reduced to seven, would there be a need for the variance, and would a retaining wall have to be built. Mr. Holden said that the retaining.wall would not be necessary. Mr. Kemper said that as best he could figure, they also would not need the variance. He figured they would meet all the setback requirements. Mr. Albergotti indicated that seven stalls would not be economically feasible to the Bannon's. Mr. Kemper said that he teras having trouble accepting the idea of a ten foot retaining wall with the necessity of a guard rail and hedge screening. He felt that the area of the hedge and guardrail would become a catch-all for debris and he said he would be more comfortable with the idea of only seven stalls, thereby alleviating the. necessity of the wall and hedges, etc. Mr. Bannon suggested that they could take six inches off each stall and he wanted to know if by doing so, would it eliminate some of the problems. Mr. Holden said that the.further the building was away from the hill, the better. He said that they would still have to maintain the hillside. Vict-Chairwoman Gabel asked if the Bannon's would agree with .the 15 foot number. Mr, Bannon said that the equipment room could be made 13 feet and each bay could be made 15 feet. He said that the one wall would be made one foot thicker thereby.creating a retaining wall. 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 9:42 P.M. r APPEALS COMISaION 1=TING - AUGUST 2 1 Pare 1 . J Pyr. Plemel felt that it would.be an -acceptable com- promise ttoreducethe variance request from ten feet to fifteen feet, Mr. Kemper said that he still wasn't comfortable with the slope. He was still concerned with the.eafety factor. Mr. Holden explained that the slope was roughly a 3 to 1 slope. He said that one had to theorize what exactly it would look like. Vice -Chairwoman Gabel said that there were definite advantages to having the rear yard setback at 15 feet rather than 10 feet. She said that not having to'build a large concrete wall and having to have barriers and all at both ends made the compromise very reasonable. Mr. Kemper'said that because of the economic hard- ship of having one-eighth of the equipment non-operative in having only a seven -stall car 'rash, he would go along with the request that allowed for the eight -stall car wash. Mr. Barna said that the economic feasibility of having eight stalls rather than seven stalls because they would be increasing their income by 1/82 which would then, over a period of time, cover the cost of the improved site preparations. Mr. Holden suggested that Mr. & Mrs. Bannon and the owners of Embers get together and decide some improvements that could be done to eliminate any potential safety hazards that could result. Mr. Bannon said that they would get together with the owners of Embers. MOTION by Mr. Plemel, seconded by Mr. Barna, that the Appeals Commission approve the request for a variance of Section 20.5.103, 49 (C,2), to reduce the rear yard setback from the required 25 feet where no alley exists, to 15 feet, to allow the construction of an automobile car wash establishment on Lot 29 Block 19 Target Addition, the same being 775 -53rd Avenue NE, rridley,.Minnesota. Upon a voice vote, all voting aye, the motion carried unanimously. i APPEALS COMMISSION MEETING.- AUGUST 231977 Pare 20 �._.., Vice -Chairwoman Gabel indicated that the item would .appear before the Planning Commission on September.14s 1977. a ADJOURNMENT MOTION by Mr. Kemper) seconded by Mr. Plemel, to adjournthe.August 239 19?7, Appeals Commission meeting. Upon a voice vote, all voting aye, .the motion carried unanimously. The meeting was adjourned at 9:49 P.M. Respectfully Submitted, MaryLee Carhill Recording Secretary