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VAR 04.85
CITY OF FRIDLEY •-APPEALS--COMMISSION MEETING, -•APRIL--9,- 1985. ............................... CALL TO ORDER: Chairperson Gabel called the April 9, 1985, Appeals Commission meeting to order at 7:32 pm. ROLL CALL: Members Present: Pat Gabel, Alex Barna, Jean Gerou, Donald Betzold Members Absent: Jim Plemel Others Present: Darrel Clark, City of Fridley Michael Ivers, 830 Overton Dr. N.E. Rodney D. Sykora, FMC Corporation Mike Kubacki, 6040 Stinson Blvd. N.E. APPROVAL OF'MARCH 26, 1985, APPEALS COMMISSION MINUTES: MOTION BY MR. BETZOLD, SECONDED BY MR. BARNA, TO APPROVE THE MARCH 26, 1985, XWA-LS COMMISSION MINUTES AS WRITTEN. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. 1.REQUEST FOR VARIANCES PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY CODE D MOTION BY MS. GEROU, SECONDED BY MR. BETZOLD, TO OPEN THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC HEARING OPEN AT 7:33 P.M. Chairperson Gabel read the Administrative Staff Report: ADMINISTRATIVE STAFF REPORT 830 Overton Drive N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.07.3D.2a requires a minimum side yard of 10 feet between any living area and side property lines. APPEALS COMMISSION MEETING, APRIL 9,1985' PAGE 2 Section 205.07.3D.2b requires a minimum side yard of 5 feet between a attached accessory building or use and side property lines. Section 205.07.3D.3a requires a rear yard setback of not less than one fourth the lot depth, with not less than twenty-five (25) feet permitted or more than forty (40) feet required. Public purpose served by these requirements is to maintain a minimum of 20 feet between living areas in adjacent structures and 15 feet between garages and living areas in adjacent structures to reduce exposure to conflagration of fire. It is also to allow for aesthetically pleasing open areas around residential structures. B. STATED HARDSHIP: "I have two cars. My exisitng garage is 20 ft. by 12 ft. on the inside and we can't get out of the car inside the garage. There is also no storage area. We.would like a two -car garage. The family kitchen area is too small for a family of five; no cupboard space; and my wife is on me all the time to do something." C. ADMINISTRATIVE STAFF REVIEW: Variance #1 - The reduction from 10 feet to 9 feet for living area. If the Board recommends approval, the Staff has no stipulations to suggest. Variance #2 - Reduction of garage side yard from 5 feet to 2 feet. Adjacent to this addition is the neighbor's driveway. The average two car garage width is 22 feet; therefore, if the petitioner's measurements are correct, he could obtain a 22 foot garage and leave 3 feet between his garage addition and the assumed property line. The staff recommendation is that any approval should be contingent upon a new survey beinq made to determine the property line and that the variance be a minimum of 2 feet, or to 3 feet if a 22 foot garage can be obtained at the 3 foot measurement. Variance #3 - Reduction of the rear yard from 29 feet to 21 feet. We have had discussions with the petitioner on this and suggested he reduce his 20 ft. by 30 ft. addition to 16 ft. by 24 ft. in order to maintain a 25 foot rear yard. He feels that the 20 by 30 addition would better fit his needs. If the Board recommends approval of any rear yard variance, we do not have any stipulations to suggest. 'T APPEALS COMMISSION'MEETING;'APRIL 9;'1985 " " " " " " PAGE 3 Mr. Clark showed a picture of the residence taken from the street and an aerial photo showing the house in relation to the neighbor's house. One thing he would like to add to the Staff Report was that if the garage is to be built less than 3 feet from the lot line, that wall nearest the lot line should be a one-hour rated fire wall. Mr. Ivers showed his proposed plan to the Commission. He stated the addition would be fora dining area, family room,.and another upstairs bedroom for his son who presently sleeps it the basement. He stated he has talked to his neighbors, and none of them bias any objection to this addition or garage. Mr. Clark stated that Mr. Rodger Westlund, the adjacent property owner at 830 Overton Drive, has signed a statement saying he did not object to the side yard variance for the attached garage from 5 ft. to 2 ft. or the side yard variance from 10 ft. to 9 ft. for living area. Ms. Gabel stated she could see that the biggest problem came about because of the odd shape of the lot. MOTION BY MR. BARNA, SECONDED BY MS. GEROU, TO CLOSE THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC HEARING CLOSED AT 7:48 P.M. Mr. Betzold stated he believed the reason for the third variance was because of the unusual shape of the lot, so he could see the hardship there. As far as the first two variances, his usual opposition was in building too close to lot lines. He noted that the petitioner's neighbor did have a double car garage already, and it was not very likely that neighbor would seek to build any closer. Also, because of the fact that Mr. Ivers' particular structure was far forward of where the neighbor's garage was, he felt there was still adequate space between the two structures which he felt still maintained the intent of the City Code. Mr. Barna stated he had no problem with these variances. They have had a few variances in this neighborhood, principally because this style of house did not allow enough space for a garage expansion without getting into the pie shaped yard. Most of the yards on corner lots in this area are pie -shaped. He stated the rear yard setback variance was not the petitioner's fault. If the lot was square, there would be no need for a side yard variance for living area. Since the garage would be quite a bit in front of the neighbor's garage and as long as the side wall was a fire -rated wall, he would have no objection. Ms. Gerou stated this was unique in that this was an unusually shaped lot. She felt to add only a 16 ft. by 24 ft. addition would really defeat the purpose needed by the petitioner. Mr. Barna stated the fact that the petitioner needed a garage and another upstairs bedroom was the hardship. APPEALS COMMISSION MEETING; APRIL 9; 1985' PAGE 4 MOTION BY MR. BARNA, SECONDED BY MS. GEROU, TO APPROVE THE REQUEST FOR VARIANCES PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY CODE TO REDUCE THE SIDE YARD SETBACK FOR AN ATTACHED GARAGE FROM THE REQUIRED 5 FEET TO 2 FEET WITH THE STIPULATION THAT THE VARIANCE BE A MINIMUM OF 2 FEET OR 3.FEET IF A 22 FOOT GARAGE CAN BE OBTAINED AT THE 3 FOOT MEASUREMENT.. AND THAT THE WESTERLY WALL BE A FIRE -RATED WALL; TO REDUCE THE SIDE YARD SETBACK FOR LIVING AREA FROM THE REQUIRED 10 FEET TO 9 FEET; AND TO REDUCE THE REAR YARD SETBACK FROM THE REQUIRED 29 FEET TO 21 FEET, ALL LOCATED ON LOT 3, BLOCK 6, BROOKVIEW TERRACE THIRD ADDITION, THE SAME BEING 830 OVERTON DRIVE N.E. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. VARIANCE REQUEST PURSUANT -TO CHAPTER 214 OF THE FRIDLEY CITY CODE TO ALLOW MOTION BY MR. BETZOLD, SECONDED BY MS. GEROU, TO OPEN THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC HEARING OPEN AT 7:56 P.M. Chairperson Gabel read the Administrative Staff Report: ADMINISTRATIVE STAFF REPORT 4800 East River Road N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 214.2B limits the maximum size of eighty (80) square feet in area for a free-standing sign. Public purpose served by this requirement is to control visual pollution and excessive use of signs in industrial areas. B. STATED HARDSHIP: "This is a unique manufacturing facility; partly Navy -owned and operated, and partly FMC -owned and operated. The directional sign will clarify FMC ownership and safely direct southbound traffic to the proper entrance. This facility averages 120 visitors and 65 contractors per day using the designated entrance, exiting off a major road." C. ADMINISTRATIVE STAFF REVIEW: The existing sign is approximately 448 square feet in area and the sign is in good condition. The County Park system has purchased the land U7YOF FIi1DLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E., FRIDLEY, MINNESOTA 55432 • PHONE (612) 571-3450 NOTICE OF PUBLIC HEARING Notice is hereby given that the Appeals Commission of the City of Fridley will conduct a Public Hearing in the City Council Chambers at 6431 University Avenue Northeast at 7:30 p.m. on Tuesday, April 9, 1985 in regard to the following matter: Consideration of variances pursuant to Chapter 205 of the Fridley City Code, to reduce the side yard setback for an attached garage from 5 feet to 2 feet; reduce the side yard setback for living area from the required 10 feet to 9; and reduce the rear yard setback from the required 29 feet to 21 feet, all located on Lot 3, Block 6, Brookview Terrace Third Addition, the same being 830 Overton Drive N.E. 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 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. Regards to variance on property of 830 N. E. Overton Drive, property owner Mr. & Mrs. Michael Ivers. Building variance west side yard. Attached garage from 5' to 2' west side yard, living area from 10' to 9' West side property owners Mr & Mrs Roger Westlund 820 N. E. Overton. We have no objections to the above stated variances. Signed ' D 3 � Date CITY OF F.MomY. SU9JECT 6431 UNIVERSITY AVE. NE. VVV FRIDLEY, MN. 6943E 46127 6713450 VARIANCES 0W. 0 ADDRESS g3 o DATE APPEALS COMMISSION: APPROVED.,_ DISAPPROVED DATE NO. CITY COUNCIL REVIEW:' REQUIRED: ,YES CITY COUNCIL: APPROVED DISAPPROVED DATE N0. STIPULATIONS: - - i NAME 7)/w T'�-ct�,5 FEE RECEIPT No. . LO_ T NO. BLOCK NO. TRACT OR ADDITION LEGAL DESCRIPTION: VARIANCE-REQUEST(S): (Attach plat or survey of property showing building, variances, etc.. where applicable) )aX 0f S, rift Dov-, 417, A=j,,M 10 pt&oGri, F (L4 w! i Ll U143L 4(zuc4- .r q ax l 'rte 1r Section�(eA2y�s) of the City Code: List specific hardship(s) which requires the variance(s): Z- llovr. 4et-jc,�• dbLr 5 d ��' �XIsf®vi-CC,°C,t� /S d)X Fo'jO6/Jf 45 vZ2G ."-1 %. t GATE J.- ,j I J'�® SIGNATURE ` t p `7 ADDRESS � ���'� �' t,' �' ` TELEPHONE NO 7 J c�3 c y VARIANCES FOR CITY USE ONLY Board members notified of meeting by 4/5/85__ List wemb date notified. and •Yes" or ONO for plans to attend hearing. Plan Gabel PAM Date ' To Attend Barna Plemel Gerou Betzold 1 1 1 Person rbking appeal and the following property owners having property within 200 feet = notified: M/M Jerome 'D. Hanson NM Overton Drive N.E. . M%M Rol'and Knapton - 810 Overton Drive N.E. M/M Roger Westlund-820.Overton Drive N.E. M/M Michael P. Ivers• 830 Overton Drive N.E. M/M Donald Nelson 850 Overton Drive N.E. M/M Roy Loberg 860 Overton Drive N.E. M/M Nels Nelson 900 Overton Drive N.E. MM 11 ward 64memsem 891 Overton &r4ye N.E. M/M John Woodard 811 Overton Drieve NE... M/M Florian Locnikar 821 Overton Drive NE ka A ber_t p sjon 831 Overton Drive N.E. Ms. Eileen Ardito- 841 Overton Drive N.E. &M—Al ea- it 1 i e 851 Overton Drive N.E. _ M/M Roger Plessel 861 Overton Drive N.E. MjM _Duane I gSapsc RM -2 nn4 ra Drives -N-,E. M/M Narvpv Cain 89D Pandnra Drivp N_F_ 1 By whom Date Phone or Mail Notified 3/28. Mail DE D • M/M John Schwartz 830 Pandora Drive NE I M/M r M William Hengstler - 840 Pandora Drive N.E. - Darrel] lnUson - 850 Pandora Drive N.E. M/M _M/ Dale Dovmuehler - 860 Pandora Drive N.E. Rng^ �Stpne 870 Pandora Drive NE M/M Richard Budzynski-810 Kennaston Drive N.E. _-KAL�n�Klei.ns 89D Keep sa_ton Drive N_E__ M/M -9/M Larry Nelson 801 Kennaston Drive N.E. n -- A�Imer A_ Rreit man - 811 K nnas _ n D M/M _ William Luithly-821 Kennaston Drive N.E. M/M Dennis Grahek 831 Kennaston Drive NE. 'M/M Sherman Hanson 841 Kennaston Drive NE NE COPWR RICE s CREEK — TERRACE d Ji'il ' h '6l1 9� �� 7/0 7.ti8 I ! Q $6114 ;%to e120,, e aw [761 !4� to 19-1- 7AL Aw so w . w. .nJ.P so �• �r 3 nuc e Arm/4 '� jy o e 1 7 7� 1 d11 gJ c 631 SO y i Zs Z3 Zc 86 8 j� �f;; 690 • 7 7a /9 2*� ale aZ ye a r�4 �� f�AN®�iA ORWE /l0 6Y 7! , 7f s a s Ias 3t9 yip f r TO 70 7zo 731 740 -So Soy 81D . ' ' ,�a 9i m 6 701 711 721 731 'fid 's1I •'�" L'''� '� 11W 17 /6 gbl w� VERTON 2" O 7o 1AT °. TI 0 0 � © P12mow 2 �r/ ` ENNASTON ARV J a of B.t Bt 1 Q � •jO �� 8114 'gip 1 i Z p i s 5 f. s 721"i T 724 O �► O sz \ g 0 . `3.7 0 4 i 1 a 73.7 Tl. $f 7.b'7 ^:.' 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COMMISSION APPLICATION MINNESOTA REVIEW Swa-Ifflomaw—Mim- Rev ope lAgigirweed by ALE ND • A ODACii G r- jp rxL PILE OATS �MPLETE REVIEW CHECKLIST �'j3U OVe1''fC� &;Q,�Y?9� 3//q RETLMN TO PLANNING i �7d til OUR DATE 1M YJohn Leon e COMMENTS J vV b -p- lt;b V hh Item #1, April 9, 1985 ADMINISTRATIVE STAFF REPORT 830 Overton Drive N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.07.3D•2a, requires a minimum side yard of 10 feet between any living area and side property lines. Section 205.07.3D•2b, requires a minimum side yard of 5 feet between an attached accessory building or use and side property lines. Section 205.07.3D.3a, requires a rear yard setback of not less than one fourth the lot depth, with not less than twenty-five (25) feet permitted or more than forty (40) feet required. Public purpose served by these requirements is to maintain a minimum of 20 feet between living areas in adjacent structures and 15 feet between garages and living areas in adjacent structures to reduce exposure to conflagration of fire. It is also to allow for aesthetically pleasing open areas around residential structures. B. STATED HARDSHIP: "I have two cars. My existing garage is 20' x 12' on the inside and we can't get out of the car inside the garage. There is also no storage area. We would like a two car garage. The family kitchen area is to small for a family of five; no cupboard space; and my wife is on me all the time to do something." C. ADMINISTRATIVE STAFF REVIEW: Variance #1 - The reduction from 10 feet to 9 feet for living area. If the Board recommends approval, the staff has no stipulations to suggest. Variance #2 - Reduction of garage side yard from 5 feet to 2 feet. Adjacent to this addition is the neighbor's driveway. The average two car garage width is 22 feet, therefore if the petitioners measurements are correct, he could obtain a 22 foot garage and leave 3 feet between his garage addition and the assumed property line. The staff recommendation is that any approval should be contingent upon a new survey being made to determine the property line and that the variance be a minimum of 2 feet, or to 3 feet if a 22 foot garage can be obtained at the 3 foot measurement. Variance #3 - Reduction of the rear yard from 29 feet to 21 feet. We have had discussions with the petitioner on this and suggested he reduce his 20' x 30' addition to 16' x 24' in order to maintain a 25 foot rear yard. He feels that the 20' x 30' addition would better fit his needs. If the Board recommends approval of any rear yard variance, we do not have any stipulations to suggest. Item #1, April 9, 1985 ADMINISTRATIVE STAFF REPORT 830 Overton Drive N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.07.3D.2a, requires a minimum side yard of 10 feet between any living area and side property lines. Section 205.07.3D.2b, requires a minimum side yard of 5 feet between an attached accessory building or use and side property lines. Section 205.07.3D.3a, requires a rear yard setback of not less than one fourth the lot depth, with not less than twenty-five (25) feet permitted or more than forty (40) feet required. Public purpose served by these requirements is to maintain a minimum of 20 feet between living areas in adjacent structures and 15 feet between garages and living areas in adjacent structures to reduce exposure to conflagration of fire. It is also to allow for aesthetically pleasing open areas around residential structures. B. STATED HARDSHIP: "I have two cars. My existing garage is 20' x 12' on the inside and we can't get out of the car inside the garage. There is also no storage area. We would like a two car garage. The family kitchen area is to small for a family of five; no cupboard space; and my wife is on me all the time to do something." C. ADMINISTRATIVE STAFF REVIEW: Variance #1 - The reduction from 10 feet to 9 feet for living area. If the Board recommends approval, the staff has no stipulations to suggest. Variance #2 - Reduction of garage side yard from 5 feet to 2 feet. Adjacent to this addition is the neighbor's driveway. The average two car garage width is 22 feet, therefore if the petitioners measurements are correct, he could obtain a 22 foot garage and leave 3 feet between his garage addition and the assumed property line. The staff recommendation is that any approval should be contingent upon a new survey being made to determine the property line and that the variance be a minimum of 2 feet, or to 3 feet if a 22 foot garage can be obtained at the 3 foot measurement. Variance #3 - Reduction of the rear yard from 29 feet to 21 feet. We have had discussions with the petitioner on this and suggested he reduce his 20' x 30' addition to 16' x 24' in order to maintain a 25 foot rear yard. He feels that the 20' x 30' addition would better fit his needs. If the Board recommends approval of any rear yard variance, we do not have any stipulations to suggest. 6'755V t .a STATE OF MINNESOTA APPEALS CO111ISSION PROCEEDINGS CITY OF FRIDLEY In the Matter of Variance requests located on Lot 3. Block 6. Brookview Terrace Third Addition_, the same VARIANCE :'being 830 Overton Drive N.E. Michael Ivers. 830 Overton Drive--N-L- s Owner The above entitled matter came before the Appeals Commission of the City of Fridley and was heard on on the 9th day of , 19 , on a petition for a variance pursuant to the City of Frid ey s Zoning Ordinance; -Tor the following described property: To reduce the side yard setback for an attached garage from the required 5 feet to 2 feet; to reduce the side yard setback for living area from the required 10 feet to 9 feet; and to reduce the rear yard setback from the re uired 29 feet to 21 feet, all located on Lot 3, Block 6, Brookview Terrace IT IS ORDER that a variance be granted as upon the following conditions orThird Addition. reasons: See Appeals minutes of April 9, 1985. STATE OF MINNESOTA COUNTY OF ANOKA ) ss. OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) 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 with the original record thereof preserved in my office, and hve found the same to be a correct and true transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at t e City of Fridley, Minnesota, in the County of Anoka on the day of V)� 19 . DRAFTED BY: City of Fridley 6431 University Avenue N.E. C Fridley, MN 55432 SIDNEY INI1AN, CITY C1, RK Variances are valid for a period of one year following approval and'shall be, c` e considered void if not used within that period. °y CITY OF FRIDLEY APPEALS -COMMISSION MEETING, -APRIL..9, 1985 CALL TO ORDER: Chairperson Gabel called the April 9, 1985, Appeals Commission meeting to order at 7:32 pm. ROLL CALL: Menbers Present: Pat Gabel, Alex Barna, Jean Gerou, Donald Betzold Members Absent: Jim Plemel Others Present: Darrel Clark, City of Fridley Michael Ivers, 830 Overton Dr. N.E. Rodney D. Sykora, FMC Corporation Mike Kubacki, 6040 Stinson Blvd. N.E. APPROVAL OF MARCH 26, 1985, APPEALS COMMISSION MINUTES: NOTION BY MR. BETZOLD, SECONDED BY MR. BARNA, TO APPROVE THE MARCH 26, 1985, )MTA--r,S COMMISSION MINUTES AS WRITTEN. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. REQUEST FOR VARIANCES PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY CODE _UCE THE SIDE YARD SETRACK.FOR AN ATTACHED GARAGE FROM THE D L,t 1111Ku Nuu1r1UN; _fME-SAML 13EING 839 OVERTON DRIVE N.E. (Request rs, Michael Ivers, 830 Overton grive ., r ey, Mn. 55432) MOTION BY MS. GEROU, SECONDED BY MR. BETZOLD, TO OPEN THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC HEARING OPEN AT 7:33 P.M. Chairperson Gabel read the Administrative Staff Report: ADMINISTRATIVE STAFF REPORT 830 Overton Drive N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.07.3D.2a requires a minimum side yard of 10 feet between any living area and side property lines. I APPEALS COMMISSION MEETING, APRIL 9, 1985 PAGE 2 Section 205.07.3D.2b requires a minimum side Yard of 5 feet between a attached accessory building or use and side property lines. Section 205.07.3D.3a requires a rear yard setback of not less than one fourth the lot depth, with not less than twenty-five (25) feet permitted or more than forty (40) feet required. Public purpose served by these requirements is to maintain a minimum of 20 feet between living areas in adjacent structures and 15 feet between garages and living areas in adjacent structures to reduce exposure to conflagration of fire. It is also to allow for aesthetically pleasing open areas around residential structures. B. STATED HARDSHIP: "I have two cars. My exisitng garage is 20 ft. by 12 ft. on the inside and we can't get out of the car inside the garage. There is also no storage area. We would like a two -car garage. The family kitchen area is too small for a family of five; no cupboard space; and my wife is on me all the time to do something." C. ADMINISTRATIVE STAFF REVIEW: Variance #1 - The reduction from 10 feet to 9 feet for living area. If the Board recommends approval, the Staff has no stipulations to suggest. Variance #2 - Reduction of garage side Yard from 5 feet to 2 feet. Adjacent to this addition is the neighbor's driveway. The average two car garage width is 22 feet; therefore, if the petitiondr's measurements are correct, he could obtain a 22 foot garage and leave 3 feet between his garage addition and the assumed property line. The staff recommendation is that any approval should be contingent upon a new survey being made to determine the property line and that the variance be a minimum of 2 feet, or to 3 feet if a 22 foot garage can be obtained at the 3 foot measurement. Variance #3 - Reduction of the rear yard from 29 feet to 21 feet. We have had discussions with the petitioner on this and suggested he reduce his 20 ft. by 30 ft. addition to 16 ft. by 24 ft. in order to maintain a 25 foot rear yard. He feels that the 20 by 30 addition would better fit his needs. If the Board recommends approval of any rear yard variance, we do not have any stipulations to suggest. a A APPEALS COMMISSION MEETING, APRIL 9. 1985 PAGE 3 Mr. Clark showed a picture of the residence taken from the street and an aerial photo showing the house in relation to the neighbor's house. One thing he would like to add to the Staff Report was that if the garage is to be built less than 3 feet from the lot line, that wall nearest the lot line should be a one-hour rated fire wall. Mr. Ivers showed his proposed plan to the Commission. He stated the addition would be for a dining area, family room, and another upstairs bedroom for his son who presently sleeps in the basement. He stated he has talked to his neighbors, and none of them has any objection to this addition or garage. Mr. Clark stated that Mr. Rodger Westlund, the adjacent property owner at 830 Overton Drive, has signed a statement saying he did not object to the side yard variance for the attached garage from 5 ft. to 2 ft. or the side yard variance from 10 ft. to 9 ft. for living area. Ms. Gabel stated she could see that the biggest problem came about because of the odd shape of the lot. !LOTION BY MR. BARNA, SECONDED BY MS. GEROU, TO CLOSE THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC HEARING CLOSED AT 7:48 P.M. Mr. Betzold stated he believed the reason for the third variance was because of the unusual shape of the lot, so he could see the hardship there. As far as the first two variances, his usual opposition was in building too close to lot lines. He noted that the petitioner's neighbor did have a double car garage already, and it was not very likely that neighbor would seek to build any closer. Also, because of the fact that Mr. Ivers' particular structure was far forward of where the neighbor's garage was, he felt there was still adequate space between the two structures which he felt still maintained the intent of the City Code. Mr. Barna stated he had no problem with these variances. They have had a few variances in this neighborhood, principally because this style of house did not allow enough space for a garage expansion without getting into the pie - shaped yard. Most of the yards on corner lots in this area are pie -shaped. He stated the rear yard setback variance was not the petitioner's fault. If the lot was square, there would be no need for a side yard variance for living area. Since the garage would be quite a bit in front of the neighbor's garage and as long as the side wall was a fire -rated wall, he would have no objection. Ms. Gerou stated this was unique in that this was an unusually shaped lot. She felt to add only a 16 ft. by 24 ft. addition would really defeat the purpose needed by the petitioner. Mr. Barna stated the fact that the petitioner needed a garage and another upstairs bedroom was the hardship. APPEALS COMMISSION MEETING, APRIL 99 1985 PAGE 4 MOTION BY MR. BARNA, SECONDED BY MS. GEROU, TO APPROVE THE REQUEST FOR VARIANCES PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY CODE TO REDUCE THE SIDE YARD SETBACK FOR AN ATTACHED GARAGE FROM THE REQUIRED S FEET Tb 2 FEET WITH THE STIPULATION THAT THE VARIANCE BE A MINIMUM OF 2 FEFT OR 3 FEET IF A 22 FOOT GARAGE CAN BE OBTAINED AT THE 3 FOOT MEASUREMENT, AND THAT THE WESTERLY WALL BE A FIRE -RATED WALL; TO REDUCE THE SIDE YARD SETBACK FOR LIVING AREA FROM THE REQUIRED 10 FEET TO 9 FEET; AND TO REDUCE THE REAR YARD SETBACK FROM THE REQUIRED 29 FEET TO 21 FEET, ALL LOCATED ON LOT 3, BLACK 6, BROOKVIEW TERRACE THIRD ADDITION, TSE SAME BBIT+IG 830 OVERTON DRIVE N.E. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE MOTI0V CARRIED UNANIMOUSLY. 2. ftIANCE REQUEST PURSUANT TO CHAPTER 214 OF THE FRIDLEY CITY CODE TO vow A NE -STANDING SIGN TO BE B INCREASED FROM THE MAXIMUM OF 80 SQUARE �aT TU 144 FEET 7HAT Vnl: E LOCATED ON OUi TY PARK. PROPERTY ON Lgr 13, WITOKS SUBDIVISION No. 79, ACROSS FROM 4SUO EAST RIVER ROAD M. (Request Mn,o ne y ora, Corporation, as Iver oa , Fridley, 554274L ) MOTION BY MR.IgTZOLD, SECONDED BY MS. GEROU, TO OPEN THEAUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL)$iLARED THE PUBLIC HEARING OPEN AT 7:5X P.M. Chairperson Gabel readXhe Administrative Staff amort: MINISTRATIVE STAFF EPORT Vusize d N.E. A. PUBLIC PURPOSE SERVED BY Section 214.28 limits theighty (80) square feet in area for a free-standing Public purpose served by tWs requl and excessive use of sigrpin indus B. STATED HARDSHIP: ent is to control visual pollution al areas. "This is aunique anufacturing facility; rtly Navy -owned and operated, and partly FMC- ned and operated. The dire Tonal sign will clarify FMC ownership nd safely direct southbound tr fic to the proper entrance. This facili averages 120 visitors and 65 con actors per day using the designate entrance, exiting off a major road." C. ADMINXTRATIVE STAFF REVIEW: existing sign is approximately 448 square feet in lKea and the sign 1 in good condition. The County Park system has purcha d the land 6"755V Numedici ckaakw Ckaars Reached check" Maigtn TL Index OFFICE OF COUNTY RECORDER STATE OF MINNESOTA, COUNTY OF ANOKA I hereby certify that the within Instru- ment was filed in this office for record on the JUN A.D., 19____., o'clock N-., and was duly recorded In bookpage_,,,, County Recorder By 91�9 L9U4.A.,gd::j Deauty City of Fridley 6431 University Avenue N.E. Fridley, Mn 55432