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VAR 78-23CITY OF FRIDL.EY, SUBJECT MINNESOTA COMMISSION APPLICATION REVIEW Uepment/ �v� n- _ Number i Rev age Approved by pate 71��sr��rl L'� FILE NO/ ADDRESS FILE DAT COMPLETE REVIEW CHECKLIST„/ , RETURN TO PLANNING - DUB ATE COMMENTS Darrel R-1 Tom ,a., - Iff Dick o Gam/ 0 Jarry i City of Fridley AT THE TOP OF THE TWINS' COMMUNITY DEVELOPMENT DIV. r PROTECTIVE INSPECTION SEC. I ----I CITY HALL FRIDLEY 55432 ,`' 612-56a3450 SUBJECT ' APPLICATION TO BOARD OF APPEALS NUMBER 910-F23 REV. 1 DATE 3/21/75 PAGE OF .1 2 APPROVED BY 800 NameAddress Phone WtW� All 1711IJ 1 90 �v��ro� S -Z -a Legal Description Lot Ng, B1 k No. Trac or Ad E���� Variance Request(s); including stated hardships (attach plat or survey of property showing building, variances, etc., where applicable) �� o sr�eu o� ®f '47 aF _ rPo Pos�sr��A�?'A�� �iJ/LL �t �,�ji9i'►'� t �i�sT�ut� '/LiPa�. Date Meeting yDate Fee/) Receipt No. Signature Comments & Recommendations by the Board of Appeals City Council Action and Date City of Fridley SUBJECT AT THE TOP OF THE TWINS APPLICATION TO BOARD OF APPEALS COMMUNITY DEVELOPMENT DIV. L 1 (Staff Report) rPROTECTIVE INSPECTION SEC. "moi • CITY HALL FRIDLEY 55432 �•""�'� `'y NUMBER REV. DATE PAGE OF APPROVED By 612-560-3450 910-F23 1 3/21/75 2 2 800 Staff Comments Board members notified of meeting by J PI List members, date notified, and "Yes" or "No" for plans to attend hearing. Plan Date Name To Attend Pearson making appeal and the following property owners having property within 200 feet notified: By Whom Name Date Phone or Mail Notified ��vsi� yD 0 IdAl a %� I / _� �AP7 qo / � J/ �rµrr✓� vk4�x /Y - t!; 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 at 7:30 P.M. on Tuesday, March 28, 1978 to consider the following matter: A request for variances to the Fridley City Code as follows: Section 205.053, 4,B, 5,b, to reduce the side yard setback for an accessory building (garage) from 25 feet to 17 feet, and Section 205.053, 4, B,1, to reduce the side yard setback for living areas in an R-1 zone from 10 feet to 5 feet, to allow the construction of a detached garage, and the conversion of an existing attached garage to living area, on Lot 18, Black 4, Brookview Terrace 2nd Addition, the same being 901 Overton Drive N.E., Fridley, Minnesota. (Request by Glenn Van Hulzen, 901 Overton Drive N.E., Fridley, Minnesota 55432). Anyone who desires to be heard with reference to the above matter may 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. r / Lz ADMINISTRATIVE STAFF REVIEW 901 Overton Drive N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.053, 4, B,[5,b,] requiring of at least 25 feet for any attached or which opens on a side street.* Item #6,*March 28, 1978 a corner lot side yard setback unattached accessory building Public purpose served is to allow for off-street parking without encroaching on the public right of way. Also the aesthetic consideration of the neighborhood to reduce the building line of site encroachment into the neighbor's front yard. 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 between garage and living areas in adjacent structures to reduce exposure to conflagration of fire and also to allow for aesthetically pleasing open areas around residential structures. B.' STATED HARDSHIP: Converting part (or all) of existing garage into living area and addint a 36' x 24' detached garage in the rear yard off Able Street. C. ADMINISTRATIVE STAFF REVIEW: The proposed living area will be 10 ft. from the neighboring attached garage. The new detached garage will open to the side street (Able Street), with an 18 ft. setback from the garage door to the property line. There is a 7 foot boulevard area involved. Staff suggests that a stipulation of a garage door opener on the detached garage, and no openings in the wall adjacent'to the property line, would be in order. The proposed lot coverage will be under 22%. e "The plat above shown indidates correctly the size and lobation of the buildings on premises herein insured; also the improvements now i".cated on premises in question are entirely within the lot lines, and the improvements on adjoining premises do not encroach on the premises herein insured." Item #6, March 28, 1978 ADMINISTRATIVE STAFF REVIEW 901 Overton Drive N. E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.053, 4, B,[5,b,] requiring a corner lot side yard setback of at least 25 feet for any attached or unattached accessory building which opens on a side street.* Public purpose served is to allow for off-street parking without encroaching on the public right of way. Also the aesthetic consideration of the neighborhood to reduce the building line of site encroachment into the neighbor's front yard. 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 between garage and living areas in adjacent structures to reduce exposure to conflagration of fire and also to allow for aesthetically pleasing open areas around residential structures. B. STATED HARDSHIP: Converting part (or all) of existing garage into living area and addint a 36' x 24' detached garage in the rear yard off Able Street. C. ADMINISTRATIVE STAFF'REVIEW: The proposed living area will be 10 ft. from the neighboring attached garage. The new detached garage will open to the side street (Able Street), with an 18 ft. setback from the garage door to the property line. There is a 7 foot boulevard area involved. Staff suggests that a stipulation of a garage door opener on the detached garage, and no openings in the wall adjacent to the property line, would be in order. The proposed lot coverage will be under 22%. APPEALS COMMISSION MEETING - MARCH 28, 1978 Page 1k 6.• REQUEST FOR VARIANCESOF THE FRIDLEY CITY CODE AS FOLLOWS: SECTION 205.053,4,B,5,b, TO REDUCE THE SIDE YARD SETBACK FOR AN ACCESSORY BUILDING {GARAGE} FROM 25 FEET TO 17 FEET, AND SECTION 205.053,4,B,1, TO REDUCE THE SIDE YARD SETBACK FOR LIVING AREAS IN AN R-1 ZONE FROM 10 FEET TO 5 FEET, TO ALLOW THE CONSTRUCTION OF A DETACHED GARAGE, AND THE CONVERSION OF AN -:EXISTING ATTACHED GARAGE TO LIVING AREA, ON'LOT 181 BtaCK 4, 5R0OK-V1-1 TERRACE 2ND ADDITION, THE SAME BEING 901 OVERTON DRIV.E.AE, FRIDLEY, MINNESOTA. iREQUEST BY GLZh VA i4Jt EN, 901 OVERTON DRIVE. NE, FRIDLEY, MN 554321• MOTION by Mr. Ketaper, seconded by Mr. Barna, to open the Public Hearing. Upon a voice vote, all voting aye, the motion carried unanimously. The Public Hearing was opened at 10:09 P.M. ADMINISTRATIVE STAFF REVIEW A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.053,4,B, i5,bl requiring a corner lot side yard setback of at least 25 feet for any attached or unattached accessory building which opens on a side street. Public purpose served is to allow for off-street parking without encroaching on the public right of way. Also the aesthetic consideration of the neighborhood to reduce the building line of site encroachment into the neighbor's front yard. Section 205.053,4, {B,1} requiring a ten 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 betwen living areas in adjacent structures and 15 feet between garage and living areas in adjacent structures to reduce exposure to. conflagration of fire and also to allow for aesthetically pleasing open areas around residential structures. B. STATED HARDSHIP: Converting part for all} of existing garage into living area and adding a 36 ft x 35 ft garage in the rear yard off Able Street. C. ADMINISTRATIVE STAFF REVIEW: The proposed living area will be ten feet from the neighboring attached garage. The new detached garage will open to the side street ,[Able Street], with an 18 foot setback from the garage door to the property line. There is a seven foot boulevard area involved. Staff suggests that a stipulation of a garage door opener on the detached garage, and no openings in the wall adjacent to the property line, would be in order. The proposed lot coverage will be under 22%• APPEALS COMMISSION MEETING - MARCH 28, 1978 Page 17 Mr• Van Hulzen said that the public notice had not been exactly correct- He said he would not be converting the entire existing garage into living area- He said they planned to use a portion of the existing garage for storage- He said that he did not need the variance Section 205.053,4,{B,1} requiring a ten foot side yard setback for living areas in an R-1 zone because that portion of the garage would still be storage and would not be living area. He said that the proposed garage would be attached at the rear of the house• He said it would have access off Able Street- Mr- Van Hulzen asked if he needed a variance for two driveways - Vice -Chairperson Gabel said he would most likely have to close up the one driveway. Mr. Van Hulzen said that the front driveway would mainly be an access drive• He said that there would be no vehicle traffic on it- He said that he would need it when he wanted to put his boat or camper into the storage section of the existing garage- He also said that it would make it more convenient for people coming to his house to be able to walk up to the house on a driveway rather than having to walk across the lawn- He said that he planned to remove the existing driveway and replace it with a concrete driveway that would be about 12 feet wide• Mr- Holden said that the request for the extra driveway would have to be published- Mr- Plemel asked what size garage door would be on the storage part of the existing garage- Mr- Van Hulzen said that it would be an eight foot garage door- He said he wouldn't put the garage door up if he didn't get the approval for the 12 foot driveway- Mr- Barna said that when he planned to use the existing garage partly for storage, then he was creating a second accessory building- He said that he would have to obtain a Special Use Permit for a second accessory building. Mr. Van Hulzen said that he had been told by Darrel Clark that if he stayed under 240 square feet for the storage area, then it wouldn*t be classified as an accessory building and would not require a Special Use Permit- He said that the storage area would be•192 square feet. P r APPEALS COMMISSION MEETING - MARCH 28,.1978 Page 18 Vice -Chairperson Gabel asked where in the Codes it stated the square footage required to classify an area as an accessory building. Mr- Holden said that he would find the Section of the Code that specifically addressed that requirement before the request for the second driveway would .be published. Mr. Kemper asked why the variance was needed for the side yard. Mr. Van Hulzen said 'that he wanted to line the proposed attached garage up with the present house- He said that to do so he needed a variance to go from the required 25 feet to 17 feet. MOTION by Mr. Kemper, 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 10:29 P.M. Mr. Plemel asked if he had talked to the adjacent neighbors - Mr. Van Hulzen said that he had talked to several of the neighbors and they had indicated no objections. MOTION by Mr. Barna, seconded by Mr. Plemel, to approve the request for variance of the Fridley City Code Section 205.053,4,B, {5,b} to reduce the side yard setback for an accessory building - {garage} from 25 feet to 17 feet; and to deny the request for variance of the Fridley City Code Section 205.053,4,6,1, to reduce the side yard setback for living areas in an R-1 zone from ten feet to five feet, to allow the construction of an attached garage, and the conversion of an existing attached garage to living area, on Lot 18, Block 41 Brookview Terrace 2nd Addition, the same being 901 Overton Drive NE, Fridley, Minnesota. Mr. Barna directed Staff to publish the request for additional driveway usage. Mr. Barna also indicated that it was Mr. Van Hulzen's request to convert the existing garage to living area with a portion retained for storage, thereby alleviating the necessity to obtain the variance of Fridley City Code Section 205.05344,B,1 - UPON A VOICE VOTE, all voting aye, the motion carried .unanimously. 7. CONTINUED UNTIL ZONING IS CLARIFIED IN HYDE PARK ADDITION: REQUEST FOR VARIANCES ON LOTS 21 AND 22, BLOCK 221 HYDE PARK, THE SAME BEING 5821 2 112 Street NE, FRIDLEY, MN. {REQUEST BY SANDY OVEN, 5821 2 112 STREET NE, FRIDLEY, MN 55432}. ]PEALS COMMISSION MEETING - MARCH 28,. 1978 Page 19 t r 8• OTHER BUSINESS: I Vice -Chairperson -Gabel said that shoe did not like'the situation with Holiday Village• She said there 'ladn't been enough information• She suggested that Mr• Holden inform Holiday Village that City Council would be asking the same questions and that they had best have the answers for the Council - She said that if it hadn't been for the fact that Holiday Village was making a huge effort to upgrade -their property and their image, she would have denied the request. Mr• Plemel said that Holiday Village most likely planned that remodeling totally and they had to know what they wanted in way of signage- He said that Mr. Jensen should have been.informed of the total plans• Mr• Holden said that he would talk to the people involved• ADJOURNMENT MOTION by Mr- Barna, seconded by Mr. Kemper, to adjourn the March 28, 1978, Appeals Commission meeting• Upon a voice vote, all voting aye, the motion carried unanimously• The meeting was adjourned at 10:38 P.M. Respectfully submitted, MaryLee Carhill Recording Secretary IAPPT-,!J S COMMTSSION MEETING - APRIL 11, 1978 Page 1 5. Co A Held the first meet S CLARIFIrD LOTS 21 an I iUc. I - FRIDL;!,Y;_ MIIIIIE OTA. REET NI;, FRIDLEY, M ISI AND VICE-CHAIRPERS g in April each year MOTION by Pts. Gabel, seconded by Mr. Barna, to table this i until such time there was a full membership present. Upon vote, all voting aye, the motion carried unanimously. This was tabled at 10:04 P.M. 7, OTHER BUSITILSS Mr. Holden said that at the March 28, 1978, Appeals Corm meeting, Mr. Glenn Van Hulzen of 901 Overton Drive NE, had variances to enable him to convert an existing garage into room and an area for storage. He had also.wanted to retain leading to that storage area. Mr. Holden said that Mr. Van Hulzen had been informed tl requests would have to be republished and handled at the ne, Mr. Holden said that after checking further into the mai was determined that Mr. Van Hulzen did not need a variance i a second driveway. It was also determined that it mould n; to be readvertised to obtain a Special Use Permit for a sec' accessory building because the code stated treat a Special U� was not needed if the second accessory building was under 21 feet. He said that Mr. Van. Hulzen°s existing garage storagE would be 196 square feet, thereby not requiring a Special U; Mr. Holden said that neither of the items had to be rear therefore, Mr. Van Hulzen was able to obtain his buildir_g p ADJOURNMENT MOTION by Mr. Barna, seconded April 119 1978, Appeals Commission all voting aye, the motion carried adjourned at 10:10 P.m. Respectfully submitted, OP MaryLee Carhill Recording Secretary by Ms. Gabel, to adjourn meeting. Upon a voice v unanimously. The meetin el commented that there appeared to be a drop-off on his the parking lot. nont said that the area she was talking about did have a re now. He saidthat the House of Lords was just starting and that an attractive fence was planned for that area. rson Schnabel asked how the sign would be illuminated. nont said that it would be lit from within. He said it Luminated as much as was needed. He'said that it would Lble during daylight hours. asked what Mr. Purmont meant by "temporary" sign. cont hoped that within two years he would be able to have •able -type sign. a asked ;ghat he planned to do with the additional two e owned, ont said that he would eventually like to construct ourts. He really wasn't sure at that time what he would with that additional area. Y 111s. Gabel, seconded by Mr,, Barna, to close the Public on a voice vote, all voting aye, the motion carried `1.'he Public Hearing was closed at 10:00 P.M. 1 said that she didn't like roof signs, but she felt ..-1id have a definite hardship and he did need exposure. a agreed with the fact that the douse of Lords needed said that the building was far enou rh ofT the road Ldn't cause any visual pollution or safety problems in 1. He said that he would have no objecticns to the sign ^y basis. .,on Schnabel said that she preferred using the words :her than liquor because it mould delineate betiveers serving the premise and the off -sale of liquor. Mr. Barna, seconded by Ms. Gabel, to recommend approval >t for variance of the Fridley City Code, Section to increase the maxi.nium square footage for a wall si-n al area,'from 80 square feet to 96 square feet, to be e North 258.7 feet as measured at right angles of the of the East 615 feet, as measured along the north line f the NW 4 of Section 2, the same being 8290 University i-dley, 1� N with a time limit of trio years for point of mediate review at any time at which the property would be to the two year time. ICE VOTE, all voting aye, the motion carried unanimously. : y