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VAR 86-29JRR �-z5' Arm CPIYOF FRIDLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E., FRIDLEY, MINNESOTA 55432 • PHONE (612) 571-3450 May 3, 1985 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, May 14 ,1985 in regard to the following matter: Consideration of a request for a variance f pursuant to chapter 205 of the Fridley Cit, 3 Code, to reduce the side yard s tba an attached garage from 5 feet to eet, to allow garage expansion on Lot , Block 4, Beaokview Terrace Second Addition, the same being 940 Pandora 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. f s l WWI CITYOF FRIDLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE (612) 571-3450 CITY COUNCIL ACTION MMU N NCMCE Donald From 940 Pandora Drive N. E. Fridley, M 55432 November 21, 1986 On November 17, 1986 the Fridley City Council officially approved your request for a Variance, VAR #86-291, to reduce the side yard setback from 5 feet to 3 feet to allow the construction of an attached accessory building on Lot 51, Block 4, Brookview Terrace Seoond Addition, the same being 940 Pandora Drive N. E. with the following stipulations: 1. There be no openings in the west wall; it must be a fire -rated wall. If you have any questions regarding the above action, please call the Planning Department at 571-3450. Sincerely, James L. Robinson Planning Coordinator JLP/dm Please review the noted stipulations, sign the statement below and return one Dopy to the City of Fridley Planning Department by December 5, 1986. 1, /. •/ cZ Concur with action taken r ala N�ix 9 .f r' A 3?� Y +"' *�' "'*t'`�( �^-^'d�•°��ik • i�.,++ �e y� N 4 � �, i k ^+�` � Yr" �ily ,� as'+ ,� � �'a ':pa. +. +et..y, w• � ,a• r ,r �� '�� r cr xr` � - ° .. � � , Thr J1'� ff- ' tltl sdSt 3 re {tess.YYYa - r+3t y,�. 5 1 G'f' ��J '�.� � — f , t'�xtt+ � � k h �Y� ',� P �/ � �' S 4 {` k�� y. 'y• _ �r -.'. t7G a 3*A}� � ��•+• ,y s,�,a�r� is ` 5 '�" f�, � � ' S�. A�! 'At5 ' TA -iP �{ ra Jy S i� R �'S � �%k.,,k�A' •rid" y f ... ,4 ,¢, '. i CITY OF FRIDLEY. MINNESOTA i �MPLSTE REVIEW CHECKLIST RETVRN TO PLANNING JIM Fl PHIL El Darrel ❑ Mark El Clyde El John [1:1 Leon COMMISSION APPLICATION REVIEW ay�NQ COMMENTS 3 CITY OF FFIIOLEY, SUBJECT VARIANCES 6431 UNIVERSITY AVE. NE. VVV FRIDLCY, MN. 6543E 16'123 571-3450 ADDRESS go � DATE j 141-A APPEALS COMMISSION: APPROVED DISAPPROVED _ DATE N0. CITY COUNCIL REVIEW: REQUIRED: AYES CITY COUNCIL: APPROVED DISAPPROVED DATE N0.________ STIPULATIONS: . ..... ... NAME fEEXg ' RECEIPT No. LO_ T NO. BLOC_ K NO. TRACT OR ADDITION LEGAL DESCRIPTION: ' I or`THEE 2u�E�, VARIANCE•REQUEST(S): (Attach plat or survey of property showing building, variances, etc., where applicable) & A a Ac -c VA 5 11-6 *2S0 Pfb Z ® .fir Section(s) of the City Code: L st specific hardship(s) which requires the variance(s): Jak>k a. 1 _ . 3 cSIGNATURE ;,L4 DATE _ ADDRESS 94& ptv /VQ ® 22 P TELEPHONE NOT1- A _4 VARIANCES FOR CITY USE ONLY rd members 5/10/85 Boa ers notified of meeting by List rr�embers, date notified. and "Yes" or *flc" for plans to attend hearing. ' Plan Gabel �= 5/14�� • To Attend Barna. Plemel • r Gerou Betzold Person making appeal and the following property o►mers having property within 200 feet notified: y . _ Name a By Whom Date Phone or Mail Notified JUMThnmac Rnrhafnud 971 Ralldopa n,� /M Paui Bruce, 961 Pandora Drive N.E. Yukio Yamagudhi, 951 Pandora Drive N.E. M/M Richard Anderson,. 941 Pandora Drive N.E. J M M/ Ronald Slater, 931 Pandora Drive N.E. M/M Daniel Olson, 9'21 Pandora Drive N.E. _ I M/M Darrel Clark, 911 Pandora Drive N.E. M/M Daniel Spanie, 910 Pandora Drive N.E. M/M Wiliam Wallraff, 930 Pandora Drive N.E. •• M/M Donald Froom, 940 Pandor Drive N.E. M/M Robert .Benson, 950 Pandora Drive N.E. M/M Bernard Carlson, 970 Pandora Drive N.E. M/M Ronald Nisbet, 990 Pandora Drive N.E. _ M/M Quentin Ratts,..991.Oyerton .Drlye_N,E M hall nom:,- Overton nr}re Nuc;----- M/M Donald Beaudette, 961 Overton Drive N.E. �- -- M/M Brent.Doyle, 921 Overton Drive N.E. .E. _ s•ver�on Drive N.E. DO Land Planner S7I�MrssysPv�S' NF La►dlrveyr y Soils&sa�y . - ENGINEERING, INC. Civil b Alt�apv/ S/hxl4 60Gr; rneer�a� 9 Engineers Surveyors censtificate of L A F- L �1xl T L D V i i 1 ` ^I 4 or to ON A G tet-) V r�``iJ /benebycerli�y fhoi fh15 is a Prue and coral represenfofion Of a surrey elbe bwndvies e, -%e obors &,,i+ed taad,ond �/Yz /orafon ofo// bui/drnas, i1aeon, and all risible pw»a hments , i!'o y, fron or aysaid land. As surveyed �y me flus _ c6y .,'' A.O.19i�'c . SU6 U12 BM ENGINEERING , Itc. E�ineers E Surreyors '4 4L "t, �� «4'f- �� - D CITYOF FRIDLEY CIVIC CENTER • 6331 UNIVERSITY AVE. N.E. FRIDLEY. MINNESOTA 55432 • PHONE (612) 571-3450 CITY COUNCIL Donald Froom ACTION TAKEN NOTICE 940 Pandora Drive N.E. Fridley, MN 55432 On June 3, 1985 , the Fridley City Council officially denied your request fora Variance to reduce the side yard setback for an attached garage from 5' to 3' to allow garage expansion. None. If you have any questions regarding the above action, please call the Community Development Office at 571-3450. Sincerely, ^ , i JAMES L. ROBINSON PLANNING COORDINATOR JLR/de DONALD FROOM 940 Pandora Drive Council Action 6/3/85 Variance Request denied(by 4 to 1 vote) to Reduce Side Yard Requirement to Allow Attached Garage Deb please write letter, I don't know if it's appropriate to put 4-1 vote. Item #6, May 14, 1985 ADMINISTRATIVE STAFF REPORT 940 Pandora Drive N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.07.3D.2b, requires a side yard of not less than 5 feet between an attached accessory building and a side property line. Public purpose served by this requirement 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 a 13 foot single car garage and would like a 2 car garage. I need room for a car, boat, etc." C. ADMINISTRATIVE STAFF REVIEW: The back corner of the proposed garage and the adjacent house will be 13 feet apart. The front corners would be 17 feet apart. If the Board approves the variance, the staff recommends that the west wall of the garage addition be a firewall. APPEALS COMMISSION MEETING2 MAY 14, 1985 ••'• " PAGE 12 MOTION BY MR. PLEMEL, SECONDED BY MR. BETZOLD, TO RECOMMEND TO CITY CquNCYL APPROVAL OF A VARIANCE REQUEST PURSUANT TO CHAPTER 205 OF THE F Y CITY CODE TO REDUCE THE REQUIRED REAR YARD SETBACK FROM 1/4 OF LOT DEPTH (34 FT.) TO 26 FEET TO ALLOW THE CONSTRUCTION OF AN CHED GARAGE 32 FEET BY 24 FEET ON LOT 12, BLOCK 3, DONNAY'S LAKEVI ANOR, THE SAME BEING 711 MARIGOLD TERRACE N.E. UPON A VOICE VOTE, BARNA, BE D, AND PLEMEL VOTING AYE, GEROU VOTING NAY, VICE -CHAIRPERSON BARN CLARED THE MOTION CARRIED. Mr. Barna ed this would go to Planning Commission on May 22 with final appr by the City Council on June 3. VARIANCE RE EST- PURSUAVIT TO CHAPTER 265 -OF HE FRIDLEY CITY CODE TO REDUCE' INESAME I(Request by Donald Froom, 940 PandoF#- Drive . , ri ey, MR. i/ MOTION BY MR. BETZOLD, SECONDED BY MS. GEROU, TO OPEN THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, VICE -CHAIRPERSON BARNA DECLARED THE PUBLIC HEARING OPEN AT 9:20 P.M. Vice -Chairperson Barna read the Administrative Staff Report: ADMINISTRATIVE STAFF REPORT 940 Pandora Drive N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.07.3D.2b requires a side yard of not less than 5 feet between an attached accessory building and a side property line. Public purpose served by this requirement 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 a 13 foot single car garage and would like a 2 car garage. I need room for a car, boat, etc." C. ADMINISTRATIVE STAFF REVIEW; The back corner of the proposed garage and the adjacent house will be 13 feet apart. The front corners would be 17 feet apart. APPEALS COMMISSION MEETING, MAY 14, 1985 PAGE 13 If the Board approves the variance, the staff recommends that the west wall of the garage addition be a firewall. Mr. Clark stated that if the variance was granted to 3 feet, the new garage would be 20 ft. wide. Right now, there is 10 ft. between the existing garage and the lot line. Mr. Froom stated his boat is 6.6 ft. and he stores it at the end of the house right now. Because of that, he cannot grow grass there. He stated he only has one car and would like to store both his car and boat in the garage. Mr. William Wallraff, 930 Pandora Drive. stated he was concerned because his living area was near the proposed garage expansion. It would block the view from his bedroom window. He was concerned about the fire hazard of having a garage that close to living area. He stated the two houses are very close right now, and he would be opposed to the granting of the variance. MOTION BY MR. BETZOLD, SECONDED BY MS. GEROU, TO CLOSE THE PUBLIC HF,ARING. UPON A VOICE VOTE, ALL VOTING AYE, VICE -CHAIRPERSON BARNA DECLARED THE PUBLIC HEARING CLOSED AT 9:38 P.M. Ms. Gerou stated that based on a precedent being set, she would be against the granting of the variance. Mr. Betzold stated the concern he had was that in a previous agenda item where someone wanted to build closer to the lot line, no hardship was demon- strated, and the Commission denied that request. This was a similar request. In the past, he had voted to allow something like this as long as there was sufficient space between structures and that the space would not be changed. In this case, there was the 17 ft. at one point, but 13 ft. at another point, and that would require a variance. Based on the lack of hardship, he would vote against the request for variance. Mr. Barna stated the hardship was more a matter of "I want", and he felt there were other possible solutions. It was possible to build in the back yard as there was access to the back yard on the other side of the lot. It might not be as desirable, but it was possible. He could not see anything other than a self-imposed hardship, and because of an objection by a neighbor, he would vote against the variance request. MOTION BY MR. BETZOLD, SECONDED BY MS. GEROU, TO RECOMMEND TO CITY COUNCIL DENIAL OF A VARIANCE REQUEST PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY CODE TO REDUCE THE REQUIRED SIDE YARD SETBACK FOR AN ATTACHED GARAGE FROM 5 FEET TO 3 FEET TO ALLOW GARAGE EXPANSION ON IAT 5, BLOCK 4, BROOKVIEW TERRACE SECOND ADDITION, THE SAME BEING 940 PANDORA DRIVE N.E. UPON A VOICE VOTE, ALL VOTING AYE, VICE -CHAIRPERSON BARNA DECLARED THF. MOTION CARRIED UNANIMOUSLY. c� C-4. 1 Mr. Flora, Public Works Director, stated this is a request for a variance to reduce the side yard setback to allow an addition to an existing garage. He stated the petitioner wishes to add to his single car garage as he needs additional space for his car and boat. He stated if this variance is approved, staff would recommend the west wall of the garage addition be a firewall. Mr. Flora stated there was objection from the neighbor to the west, Mr. Wallraff, 930 Pandora Drive, and the Appeals Commission recommended denial. Councilman Goodspeed stated he has talked both with Mr. Froom and Mr. Wallraff and if this variance is allowed, the back corner of the proposed garage and the adjacent house would be 13 feet apart in the back and the front corners would be 17 feet apart. (buncilman Barnette stated he also talked with Mr. Froom and Mr. Wall raff and asked Mr. From if he would build a smaller garage, to which he agreed. Mr. Wallraff, 930 Pandora Drive, stated he would still object to the variance. Councilman Goodspeed stated if the neighbor objects and you give permission to build a 20 foot garage, when an 18 foot garage can be built without a variance, he felt it would set a precedent. Mr. Herrick, City Attorney, stated in this case the Council has to determine whether there is a demonstrated hardship and the test is whether the property is unique which would justify granting the variance. He stated if the Council follows their past precedent, they probably wouldn't grant it. MDTION by Councilman Goodspeed to concur with the Appeals Commission and deny this variance request. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanLmously. Zine Council received the minutes of the Planning Commission meeting of May 22, 1985. 'FIVING PETITION NO 6-1985 FOR REMOVAL OF "NO PARKING" SIGNS ON 7TH t!b� pEnffM 61ST AND 63M AVENUE: MJTICN by ODbncil ider to receive Petition No. 6-1985. Seconded by Councilman Goodspe Upon ice vote, all voting aye, Mayor Nee declared the motion carried una-Mikpusly. M)TION by Councilman Goodspeed eo--di-r.ect staf remove the "no parking" signs on 7th Street between 61st and 63 rcfiAv enue._nded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor ared the motion carried unanimously.^ - 20 - I Mr . ora stated the Appeals commission recommended denial to reduce the set ck from five feet to two feet. O:)uncil Fitzpatrick stated staff had recommended three Ieet frown the south pr rty line, rather than the two feet requested br'the petitioner. He stated the petitioner proceeded with his original request, therefore, it was denie by the Appeals Commission. He stateda there has been no neighborhoo opposition to this variance and felt,A" he petitioner has no alternative a it is not feasible to build in the back. M MCN by OO un 'man Fitzpatrick to grant a v side yard se tba for an attached garage frau x 16 foot detach garage to be attached an -&' feet at 5272 Horiz Drive, with the foll9q'i wall of the new ga age be a f i rew all ,, ith ODuncilman Schneider. Upon a voice vote, all the motion carried una ously. }, Ct-3 . ariance to reduce the required feet to 3 feet to allow a 14 increase the size to 22 x 34 ng sti upul ati on : That the south no openings. Seconded by voting aye, Mayor Nee declared Mr. Flora, Public Works Dir " , stated this is a request for a variance to reduce the required rear yar tback for one-quarter of the lot depth (34 feet) to 26 feet to allow agnstr ion of an attached garage, 32 x 24 feet, at 711 Marigold Terrace. ,He stat the petitioner stated a three car garage is needed to house three:;tars. Mr. Flora stated if the petitionerwer to build a detached Garage, he would not need a variance, ,However, he pref er to attach it to his present house with a new room to,�`'be provided betwee the existing house and the new garage. Mr. Flor4/stated the Appeals ssion was split on whether or not this was a self-imposed hardship and 't was a split vote on their reommendation fpi approval. Mr. Day, the potitioner, stated the reason he desi ed it in this manner was because he didn't have enough roan cn the side to 'ld an attached garage the size he wished. He stated he wanted a triple age for their three vehicles.Ie stated, with the shape of the lot, the my way to build a garage tha' large is to the rear cf the property and he uld like to attach a new adti on to include a dining and recreation roan be the existing str ucturC and new garage addition. Mayor,Pee asked why the neighbor, Mrs. Mrowbridge, was opposed. Dir. Flora state Mrs. Trowbridge didn't know if this addition would affect a resale val cf her hane. She also stated she didn't want to be the use for den*,al of this variance request. Pp by councilman Goodspeed to grant the variance request to reduce the r,uired rear yard setback for one-quarter cf the lot depth (34 feet) to N �eet to allow the construction of an attached garage, 32 x 24 feet at 711 Marigold Terrace. Seconded by O:)uncilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. -19- eo e . Land Plonn;n9 370Mis515srp;SiAlc Lard Survey,ny Mfnneo�o/s 71, ;JsTsh;7 - ENGINEERING, INC. Gvrl b tilun;crpvl SUnsel4406v Enyineeriny Engineers Sur vecyors - If celptlaifficate of L A K F- L N �, �,'J It L D- I hereby cert;fy fha/ }Oris is o true and Correct represenlofion Ora survey e& bovndories -�',Yle abox- dcsu krl land, and oj'h 10676017of'all bmilW ys , thereon, and o// risible emmashmenls , i,Cany, f 'ran or on said land. 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E!&erS Sur'rr forte LAW OFFICE DONALD R BETZOLD 5901 Brooklyn Boulevard Brooklyn Center, Minnesota 55429 (612) 533-1555 November 11, 1986 Mr. Jim Robinson City of Fridley 6431 University Avenue Fridley, Minnesota 55432 Re: Appeals Commission Dear Mr. Robinson: The Fridley Appeals Commission has reviewed a number of code variance requests in recent years which have posed troublesome questions. Some of the issues will soon come before the city council. Although our commission minutes have well expressed our concerns, I wish to take this opportunity to propose ordinance revisions to assist us when we face similar questions in the future. VARIANCES FOR TWO -CAR GARAGES This is probably the most common variance request we receive. As you know, most of the single family dwellings in Fridley were built in the 1960's, when a one -car garage was the standard. Now, the typical family residence has two cars, and the present city code requires two -car garages on newly constructed residences. In many instances, the petitioner has not demonstrated hardship except a desire for a two -car garage. My reading of Minensota Statutes §462.357, Subdivision 2, leads me to believe that an undue hardship cannot be claimed simply because the homeowner wants to do something the code does not permit. Yet, it is arguable that hardships occur because most single family dwellings were built in the centers of the lots with room for only one -car garages, in compliance with the code which was then in effect. Pehaps the city code could be modified to permit two -car garages without variances when the following tests are met: - the garage will be no more than 22 feet wide - the side yard setback may be not less than three feet from the lot line, provided that the neighboring structure is at least five feet away - if the neighboring structure is a single car garage, then a variance may only be permitted to four feet - any proposed addition which is less than five feet from the lot line will have no enclosures and be fire wall rated iti Mr. Jim Robinson Page 2 November 11, 1986 - the petitioner will assume all responsibility for any encroachments upon the neighbor's property. MISSISSIPPI RIVER CORRIDOR CRITICAL AREA Within the past year, the Appeals Commission has had two variance requests involving single family residences located in the Mississippi River Corridor Critical Area. The Appeals Commission has the authority to grant variance requests for R-1 zoned properties provided there are no objections from neighbors, city staff, or Appeals Commission members. In both cases of Mississippi River variances, the Appeals Commission recommended approval but asked the city council to make the final determination because of the important state and federal concerns in this area. I believe that the city council, as a matter of policy, should review all variance requests in the Mississippi River Corridor Critical Area instead of leaving the final decision to the Appeals Commission in cases of single family dwellings. PARKING SPACE WIDTHS The question of parking stall widths has come up on a number of occasions, particularly when a developer can complete a project only with 9 foot stalls. I am aware that this issue will soon be presented to the Appeals Commission for consideration relating to the multi -family dwelling complex proposed for 85th and University. The problem which the Appeals Commission faces is that we are often reminded that other cities have adopted a 9 foot stall standard, and that within the city of Fridley the Housing and Redevelopment Authority has approved 9 foot stalls in the area of City Hall. I do not wish to advocate a change in the present code, nor to imply that I speak for the individual commission members on this issue. However, it would be most helpful if we can decide, once and for all, whether we want to amend the code to allow 9 foot stalls. Perhaps these items can be scheduled for discussion by the Planning Commission at a future date when the agenda is light. Sincer , DRB/jel`R.Betz d pc: Alex Barna Jerry Sherek Diane Savage Darrell Clark STATE OF MINNESOTA COUNTY OF ANOKA CITY OF FRIDLEY In the Matter of a Variance, VAR #86-29 Donald Froom , Owner 746456 CITY COUNCIL PROCEEDINGS VARIANCE The above entitled matter came before the City Council of the City of Fridley and was heard on the 17 day of November , I9 86 , on a petition for a variance pursuant to the City of Fridley's Zoning Ordinance, for the following described property: To reduce the side yard setback from 5 feet to 3 feet to allow the construction of an attached accessory building on Lot 5, Block 4, Brookview Terrace Second Addition, the same being 940 Pandora Drive N.E. IT IS ORDERED that a variance be granted as upon the following conditions or reasons: See Council minutes of November 17, 1986; stipulation that there be no openings in the west wall and it must be a one hour fire rated wall. STATE OF MINNESOTA ) COUNTY OF ANOKA CITY OF FRIDLEY OFFICE OF THE CITY CLERK I, Shirley A. Haapala, City Clerk for the City of Fridley 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 have found the same to be a correct and true transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at, the City of Fridl y Minnesota, in the County of Anoka on the �- day of 19=. DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 SHIRLEY A. HAAPALA', CITY dLERK Variances are valid for a period of one year following approval and 4Jtkhh °be considered void if not used within that period. = " ', '• '• `� ' ' .,, COUNCIL MEETIM OF NOVEMBER 17, 19$� Development (omission and he hadn't been notified of this change. Mr. Qureshi, City Manager, stated there was a draft letter submitted, but there were some changes recommended. He stated this letter would be sent tomorrow to the Community Development Commission members. NEW BUSINESS: 8. RECEIVING N7VENBER 4. 1986 GENERAL ELECTION STATEMENT OF CANVASS: MOTION by Councilman Barnette to receive the November 48, 1986 General Election Statement of Canvass. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Schneider stated he understands there were some difficulties with the tabulation equipment. He stated he would be willing to support what needs to be dine to rectify this situation. Mayor Nee requested staff to submit a report. 9. CONSIDERATION OF RECEIVING A REPORT OF THE NEIGHBORHOOD MEETING ON MEADOWLANDS PAM POTION by Councilman Goodspeed to receive the report of the neighorhood meeting on Meadowlands Park of November 10, 1986. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. RIVING THE MINUTES OF THE PLANN M COMMISSION MEETING OF NUMBERS, 1986 AND_APPEALS COMMISSION MEETIIW3 OF OCTOBER 28. 1986: Mr. Robertson, Community Development Director, stated the petitioner had requested this same variance in 1985 and, at that time, because of an objection by a neighbor, the variance was denied. He stated the persons who objected have since moved and the petitioner's new neighbor favors the variance. It. Robertson stated the request is to reduce the side yard setback f ram 5 to 3 feet to allow the construction of an attached garage. He stated the variance was considered by the Appeals Commission and resulted in a tie vote. He stated Mr. Betzold had some concerns regarding the hardship and requested guidance and clarification. Mr. Robertson stated if the variance is approved, staff is recommending no openings in the west wall and that it must be a one-hour fire -rated wall. -15- MW*1174711s. X7 325467 «1O,�• 0381311 'fL��11i Mr. Robertson, Community Development Director, stated the petitioner had requested this same variance in 1985 and, at that time, because of an objection by a neighbor, the variance was denied. He stated the persons who objected have since moved and the petitioner's new neighbor favors the variance. It. Robertson stated the request is to reduce the side yard setback f ram 5 to 3 feet to allow the construction of an attached garage. He stated the variance was considered by the Appeals Commission and resulted in a tie vote. He stated Mr. Betzold had some concerns regarding the hardship and requested guidance and clarification. Mr. Robertson stated if the variance is approved, staff is recommending no openings in the west wall and that it must be a one-hour fire -rated wall. -15- Councilman Goodspeed stated last year he made the motion to deny this variance on the basis of the neighbor's objection. He felt two questions had to be addressed, one if the variance should be approved and, second, the policy on how to handle these requests in the future. Councilman Goodspeed stated Mr. Froam's new neighbor would prefer to have the garage extended. He stated the Council may also consider an ordinance this spring to prohibit parking on the streets in the winter. He stated with these two things in mind and, considering Mr. Barn's comments, he would move the following: NOTION by Councilman Goodspeed to approve variance, VAR #86-29, to reduce the side yard setback from 5 feet to 3 feet to allow construction of an attached accessory building at 940 Pandora Drive N. L , by Donald Froom, with the stipulation that there be no openings in the west wall and it must be a one-hour fire -rated wall. Seconded try Councilman Barnette. upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mayor Nee stated he can sympathize with the issue raised by Mr. Betzold and this should probably be discussed at a Conference Meeting. Mr. Herrick stated if he were to quote the tests of the Supreme Court, 90% of the variances shouldn't be granted and this probably isn't unique to the City of Fridley. He stated whether the Council wishes to try and set forth a formal policy on how these are to be handled or continue on a case-by-case basis, he didn't have a strong feeling. He stated he has taken the position if the Council and the neighbors are satisfied, and the Council is taking a practical approach, he didn't object. He stated the Council has to make certain findings and they, as the governing body, are authorized to make the final decision. It was the general consensus of the Council to review this at the Conference Meeting and discuss what tests may apply. Mr. Herrick stated there are probably some memos f ran his off ice in f it a on this subject. f: �•li� �� '.; �- / i i;1..-;�.. .f �♦ .. l_ f� ' Vi']' l•- ,L._�1 i i% _'}�'�. �;�� -'L�4b !+: • mak' �� • �• •�_ iii• ! �sbu ��N • 4?� 07 01 •t� i ;. V i ♦ his ' MVXW�Q* P-611 Mr. Robertson, Community Development Director, stated this is a request for a variance to reduce the side yard setback on the street side of a corner lot frau 25 to 20 feet to allow construction of an attached garage. He stated the petitioner indicates he needs the variance to attach the new garage and keep it in line with the present building window and to avoid moving the present incoming power supply. Mr. Robertson stated the petitioner indicated if a detached garage were constructed, it would result in removal of at least one large tree. He stated the addition would be 75 feet f ran the neighbor's house to the east. -16- NOM8-€T-C V.TVT00 I -- a o M s s 3�eC2 4� CITYOF FRIDLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE (612) 571-3450 CITY COUNCIL ACTION MUM NUTICE Donald Froom 940 Pandora Drive N.E. Fridley, NAI 55432 November 21, 1986 On November 17, 1986 the Fridley City Council officially approved your request for a Variance, VAR #86-29, to reduce the side yard setback from 5 feet to 3 feet to allow the construction of an attached accessory building on Lot 5, Block 41, Brookview Terrace Second Addition, the same being 940 Pandora Drive N.E. with the following stipulations: I. Vere be no openings in the west wall; it must be a fire -rated wall. If you have any questions regarding the above action, please call the Planning Department at 571-3450. Sincerely, James L. Robinson Planning Coordinator JLP/dm Please review the noted stipulations, sign the statement below and return one copy to the City of Fridley Planning Department by December 5, 1986. Concur with action taken $� f, :. CITY OF FRIDLEY 18431 UNIVERSITY AVE. N.E. _��' FRIDLEY, MN 65432 {' (612) 571-3450 PROPERTY INFORMATION PROPERTY ADDRESS VARIANCE REQUEST FORM VARIANCE # VARIANCE FEE RECEIPT # ;2 C SCHEDULED APPEALS MEETING DATE 100 WOW l L—j -- LEGAL LEGAL DESCRIPTION: LOT BLOCK TRACT/ADDITION PRESENT ZONING R `' VARIANCE REQUEST(S): Attach a plat or survey of the property showing building, variance(s), where applicable. o®L �'4&Z FD A#j x5m ( o rx nn t "3 Fci Section of the Code: List specific hardship(s) which require the variance(s): OWNER INFORMATION n NAME (please print) 0-y-,VA4J � k,00 AI -L PHONE ADDRESS W-* 7�v aue /A SIGNATURE DATE A9 PETITIONER INFORMATION NAME (please print) T) 'Ve � A De(` PHONE /- -Izq- ADDRESS t SIGNATURE DATE A�Z-I�a zZ APPEALS COMMISSION: APPROVED DENIED DATE l Z�l gb CITY COUNCIL: APPROVED DENIED DATE STIPULATIONS: FOR CITY USE ONLY Notification of petitioner and property owners Within 200 feet: Name/Address Date notified I . I I s . I I I �I I I I I I I I I I I I I i I I I I I I I - I I I I I I i I i i I I - I rrAfw COMMISSION APPLICATION REVIEW Department Number File Date Meeting Date C11YOF Planning 68 10/10/86 10/28/86 FMDLEY 940 Pandora Drive File Address/ Description VAR #86-29 COMPLETE REVIEW CHECKLIST by Donald Froom, to reduce side yd. s.b. from RETURN TO PLANNING 5 feet to 3 feet for an attached garage &aDARYL COMMENTS --DEBBIE— � eyAcSMV v .�, r - clutA WAS 'Arlpwo tec fie. r^ uLSi- dr Ye T`e ®�" ®��" �el� l dev►zWel /e+4SVSaS @eV�nAcb4�e�-�, i.on� 444.0,JDEBBIE 0-A,e,�4Q-4&- ®LJ-ec ovdc,,s6 JOHN p®fes�. zt� .'P otc t DEBBI a '�' � ��1� �i + � E t3 rv IUDARREL cav\, wt, revz 'z, 0 L�,�� +0 "Urz /-+� "roc �f Awi &w+ IT aM. i ell it- Z�[. � r DEBBIE Q �° VCLYDE 2�w DEBBIE ' ``'a`��'�^ I1�¢.p°" r - o�r �VZWA d . ARK DEBBIE' r'D, EBBIE 10M DONALD FROOM VAR #86-29 STIPULATIONS Z. THERE BE NO OPENINGS IN THE WEST WALL; IT MUST BE A FIRE -RATED WALL. CCiYOF FRIDLEY 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, October 28 1986 in regard to the following matter: Consideration of a variance request, VAR #86-29, by Donald Froom, pursuant to Chapter 205.07.3, D, 2b, of the Fridley City Code to reduce the side yard setback from 5 feet to 3 feet to allow the con- struction of an attached accessory building on Lot 5, Block 4, Brookview Terrace Second Addition, the same being 940 Pandora Drive, Fridley, Minnesota, 55432 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. DONALD BETZOLD CHAIRMAN 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. VAR #86-29 940 Pandora Drive Donald Froom 940 Pandora Drive Fridley, MN 55432 Robert E. Benson 950 Pandora Drive Fridley, MN 55432 Richard Kalow 930 Pakdera Drive Fridley, MN 55432 Robert W. Culver 920 Pandora Drive Fridley, MN 55432 Daniel P. Spanie 910 Pandora Drive Fridley, MN 55432 Robert Wicht 941 Overton Drive Fridley, MN 55432 Brent H. Doyle 921 Overton Drive Fridley, MN 55432 Bernard J. Carlson 970 Pandora Drive Fridley, MN 55432 Ronald A. Nisbet 990 Pandora Drive Fridley, MN 55432 Thomas L. Rocheford 971 Pandora Drive Fridley, MN 55432 Ronald L. Slater 931 Pandora Drive Fridley, MN 55432 David H. Ricks 921 Pandora Drive Fridley, MN 55432 Darrel Clark 911 Pandora Drive Fridley, MN 55432 Edgar Breitenfeldt 980 Overton Drive Fridley, Nei 55432 Robert K. Guist 961 - 68th Ave. Fridley, MN 55432 David L. Arneson 953 - 68th Ave. Fridley, MN 55432 Robert r. Tomczak 999 Overton Drive Fridley, MN 55432 Quentin R. Watts 991 Ovdrton Drive Fridley, MN 55432 Louis Marchall 981 Overton Drive Fridley, M 55432 Donald Beaudette 961 Overton Drive Fridley, MN 55432 a Appeals 10/15/86 Lillian V. Westin 940 Overton Drive Fridley, MN 55432 Donald Greenwaldt 942 Rice Creek Terrace Fridley, MN 55432 Richard Doucette 958 Rice Creek Terrace -Fridley, MN 55432 Betty J. Varcoe 974 Rice Creek Terrace Fridley, MN 55432 David A. Lein 990 Rice Creek Terrace Fridley, MN 55432 Paul Bruce 961 Pandora Drive Fridley, MN 55432 Yukio Yamagudhi 951 Pandora Drive Fridley, MN 55432 Richard H. Anderson 941 Pandora Drive Fridley, MN 55432 Item #1, nctober 281, 1986 940 PANDORA DRIVE VAR #86-29 A. PUBLIC PURPOSE SERVED BY RMUIREMENT: Section 205.07.3, D, 2b requires a side yard adjoining an attached garage shall be not less than 5 feet wide. Public purpose served by this requirement is to provide space between individual structures to reduce the conflagration of fire, to provide access to the rear yard for emergencies, and to limit the condition of crowding in the residential neighborhood. B. STATED HARDSHIP: "We need storage for a boat and extra car." C. ADMINISMTIVE SMkFF REVIW: This is the same request that was denied in June of 1985. The neighbor, Mr. Wallraff, objected in 1985. since then the Wallraffs have sold their house to Mr. H. Richard Ralm. He has signed a statement that he does not object. Tn fact, he states he would rather look at a garage addition in lue of the present boat being stored there. Mr. Froom would like to add onto his existing garage enough to attain a 20 foot garage. This would result in a 3 foot side yard. The neighboring house would then be 13 feet away at the back and 17 feet at the front. If the Appeals Commission approves this request the staff recommends that it stipulate that there be no openings in the west wall and that it be a fire rated wall. oa ,. 940 Pandora Drive •� �o \ y �Ij �o `�-� o, (/.5 80 rY9e yo40� (Z) I� 0 � .-.... � .�„, 9y ,� oi;, "`^s• /O mss. L'i 7f` of Fr:�/may el�►f9 �pUe /0 9z. v ow ; "�o (ir) • ��o.i� r A) i 01) o 3 .' 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NE. , r006oi 1 0 (a)7 ,°s e":' *, .r sass s �'— jW N 0,2.7!• Ot 3180) meadowlands Polk 114040 s sB9'rs"r6"e7 \ , ArrAV 216 66 p 1 ■ n y� , ylse' y4 C' CITY OF FRIDLEY APPEALS COMMISSION MEETING, OCTOBER 28, 1986 CALL TO ORDER: Chairperson Betzold called the October 28, 1986, Appeals Commission meeting to order at 7:33 p.m. ROLL CALL: Menbers Present: Donald Betzold, Alex Barna, Jerry Sherek, Diane Savage Members Absent: None Others Present: Darrel Clark, City of Fridley Donald Froom, 940 Pandora Drive George & Lillian Arnold, 6201 Riverview Terrace APPROVAL OF SEPTEMBER 30, 1986, APPEALS COMMISSION MEETING,: MOTION BY MR. BARNA, SECONDED BY MS. SAVAGE, TO APPROVE THE SEPT. 30, 1986, APPEALS COMMISSION MINUTES. The following corrections were made to the minutes: Pages 7 and 11, change Ms. Sherek to Mr. Sherek. Motion on bottom of page 6, change the vote as follows: "Upon a voice vote, Barna, Savage, and Sherek voting aye, Betzold voting nay, Chairperson Betzold declared the motion carried." UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MINUTES APPROVED AS AMENDED. 1. CONSIDERATION OF A VARIANCE REgUEST, VAR #86-29, BY DONALD FROOM, PURSUANT TO CHAPTER 205.07.3 D 2b OF THE FRIG EY CITY CODE TO REDUCE THE SIDE YARD SETBACK FROM 5 FEET TO 3 FEET TO ALLOW THE CONSTRUCTION OF AN ATTACHED ACCESSORY BUILDING ON LOT 5 BLOCK— -B _RqOKYIEW TERRACE SECOND ADDITION, THE SAME BEING 940 PANDORA DRIVE,`FRIDLEY, MINNESOTA, 55432. MOTION BY MR. BARNA, SECONDED BY MS. SAVAGE, TO OPEN THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE PUBLIC HEARING OPEN AT 7:35 P.M. Chairperson Betzold read the Administrative Staff Report: ADMINISTRATIVE STAFF REPORT 940 Pandora Drive VAR #.86-29 APPEALS COMMISSION MEETING, OCTOBER 28, 1986 PAGE 2 A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.07.3, D, 2b requires a side yard adjoining an attached garage shall be not less than5 feet wide. Public purpose served by this requirement is to provide space between individual structures to reduce the conflagration of fire, to provide access to the rear yard for emergencies, and to limit the condition of crowding in the residential neighborhood. B. STATED HARDSHIP: "We need storage for a boat and extra car." C. ADMINISTRATIVE STAFF REVIEW: This is the same request that was denied in June of 1985. The neighbor, Mr. Wallraff, objected in 1985. Since then, the Wallraffs have sold their house to Mr. H. Richard Kalm. He has signed a statement that he does not object. In fact, he states he would rather look at a garage addition in lieu of the present boat being stored there. Mr. Froom would like to add onto his existing garage enough to attain a 20 ft. garage. This would result in a 3 ft. side yard. The neighbor- ing house would then be 13 feet away at the back and 17 feet at the front. If the Appeals Commission approver, this request, the Staff recommends that it stipulate that there be no openings in the west wall and that it be a fire -rated wall. Mr. Betzold stated the Commissioners had copies of the May 14, 1985, Appeals Commission minutes and the June 3, 1985, City Council minutes, and a copy of the letter from the neighbor, fir. Kalm, stating he did not object to the garage addition. Mr. Clark stated this same request was before the Appeals Commission in 1985, at which time the Appeals Commission recommended denial. On June 3, 1985, the City Council concurred with the Appeals Commission and denied the variance request. Mr. Clark stated one of the things discussed in 1985 was the hardship, and the fact that an adjoining neighbor appeared before the Appeals Commission and the City Council objecting to the variance, because he felt the garage addition would block his view down the street from his bedroom window. Mr. Froom stated the present garage was 13 ft. wide. He would like to extend the wall of the garage 7 ft. to make a 20 ft. garage. He wanted room to store both his boat and car or two cars. He was allowed by code to add on 5 ft. which would give him only 18 ft. which was too small and the cost was basically the same to go from 5 ft. to 7 ft. APPEALS COMMISSION MEETING, OCTOBER 28, 1986 PAGE 3 Mr. Barna stated he would like to see more of a hardship. There was 26 ft. on the other side of the house, so there was enough room for the construction of a detached garage in the rear yard, either converting the existing garage to living space or using it as a second accessory building. He realized it was cheaper to just add 7 ft. onto the existing garage, but the Commission was not allowed to look at cost as a hardship. Mr. Froom stated he lived alone and did not need any additional living space. He stated a detached garage would take up a great deal of his back yard, and he already had a utility shed and a 620 sq. ft. deck behind the house. Mr. Clark stated the present zoning code requires a 2 -car garage. Mr. Sherek asked Hr.Froom if he would consider extending the garage out to the back which would allow for storage of the boat in the back of the garage. Mr. Froom stated that would give him a 48 ft. deep long narrow tunnel -type of garage. fie would have to run the roof back, cut 10-12 ft. off his deck, and take down some trees. He did not.think he would consider building a tunnel -type garage. There was no extra resale value with that type of garage. MOTION BY MR. BARNA, SECONDED BY MS. SAVAGE, TO CLOSE, THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE PUBLIC HEARING CLOSED AT 7:52 P.M. Ms. Savage stated it appeared to her one of the biggest problems the last time this variance was before the Commission was the strong objection by the neighbor. This variance was certainly important to Mr. Froom as he was back again asking for it. She felt there was a hardship in having a single car garage, and the fact that a double car garage is really required by anyone buying a house in the suburbs. Apparently, similar variances have been granted in the area. Ms. Savage stated she was concerned by the fact that adding the 7 ft. did not leave very much room between the two houses, but that seemed to be the situation with other houses in the neighborhood and was created by the fact that these houses were built some time ago when houses were built with single car garages. She would be willing to approve the variance for the reasons of the unique quality of the house and the way it was offset on the lot and because, apparently, similar variances have been granted in this area in the past. She did not think Mr. Froom had totally articulated his hardship, but it was obviously something he felt he needed. Mr. Barna stated he had looked over the public purposes served by the code requirement: 1. "To provide space between individual structures to reduce conflagra- tion of fire--" APPEALS COMMISSION MEETING, OCTOBER 28, 1986 PAGE 4 Mr. Barna stated by demanding a fire -rated wall,they would more or less meet that requirement, realizing this was adjoining a bedroom area. 2. "To provide access to the rear yard for emergencies--" Mr. Barna stated that due to the fact that the house was offset on the lot, there was more than adequate access on the easterly side of the house or provide that access to the rear yard. 3. "To limit the condition of crowding in a residential neighborhood--" Mr. Barna stated that with the 26+ ft. on the -opposite side of the house, the only crowding would be to a distance of 13 ft, and 17 ft. between 940 Pandora and 930 Pandora, and a similar crowding situation has already been established in the area by previous structures being build close together. Mr. Barna stated Mr. Froom had stated a hardship with a second accessory building in that he does not need'the additional living space which was presently a garage. He only needs a small additional space. To take the garage down and build another garage would create a hardship. Changing the design and the structure of the house would also limit the access to the deck and it would not really enhance the resale value of the property. Using those reasons as hardships, he would be in favor of granting the variance. Mr. Sherek stated he had serious misgivings whenever a petitioner came before the Commission asking for a variance that was really asking to crowd houses together. He had a difficult time with the hardship. There were other possi- bilities, and, financially, it would certainly be a hardship, but that was not really the Commission's primary consideration. His vote would reflect his interest in having the City Council look at this request. If the City Council was willing to have a suburban area start looking crowded much as the older parts of Minneapolis, then that was their decision. The fact that a precedent had been set for this did not make him want to be in favor of approving the variance. Mr. Betzold stated he agreed with everything said by the other commissioners. His initial reaction when he read through this variance request was that the only thing that was different from the previous request was that before there was a neighbor objecting to the variance and this time there was not. The request was denied before, and did that mean they should grant the request now simply because there was no neighborhood objection? That really was not the test the Commission had to consider. It would be very easy to grant or deny variances if that was all they had to do. In the City Council minutes of June 3, 1985, Mr. Herrick, City Attorney had stated: "...in this case, the Council has to determine whether there is a demonstrated hardship and the test is whether the property is unique which would justify granting the variance. If the Council follows their past precedent, they probably wouldn't grant it." APPEALS COMMISSION MEETING, OCTOBER 28, 1986 PAGE 5 Mr. Betzold stated he definitely felt the City Council should look at this, no matter what the Appeals Commission's recommendation. Mr. Betzold stated that as a secondary issue, the Commission should probably ask for guidance from the City Council on what to do with the issue of two - car garages. He felt the Commission has been sporadic and inconsistent on this issue. This could be discussed under "other business". Mr. Betzold stated he would like to see the policy of the City being to take the uniqueness of the situation and the fact that the house was built off center on the property with a one -car garage and just doesn't meet the present code which is for a two -car garage. That was not their present guidance, and he hoped the City Council would reconsider it. Mr. Betzold stated he would vote against this variance as requested because the same request was denied before. MOTION BY MS. SAVAGE, SECONDED BY MR. BARNA, TO RECOMMEND TO CITY COUNCIL APPROVAL OF VARIANCE REQUEST, VAR #86-291 BY DONALD FROOM PURSUANT TO CHAPTER 205.07.3, D, 2b, OF THE FRIDLEY CITY CODE TO REDUCE THE SIDE YARD SETBACK FROM 5 FEET TO 3 FEET TO ALLOW THE CONSTRUCTION OF AN ATTACHED ACCESSORY B17ILDING ON LOT 5, BLOCK 4, BROOKVIEW TERRACE SECOND ADDITION,THE SAME BEING 940 PANDORA DRIVE, FRIDLEY, MINNESOTA, 55432, WITH THE STIPULATION THAT THERE BE NO OPENINGS IN THE WEST WALL AND THAT IT BE A FIRE -RATED WALL. UPON A VOICE VOTE, SAVAGE AND BARNA VOTING AYE, BETZOLD AND SHEREK VOTING NAY, CHAIRPERSON BETZOLD DECLARED THE MOTION FAILED DUE TO A TIE VOTE. `ice CONSIDERATION OF A VARIANCE REOUEST. VAR #86-30. BY GEORGE AND LILLIAN ARNOLD. LJV I Il, JJTVL. MOTION BY MR. BARNA, SECO D BY m R. SHEREK, TO OPEN PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AY CHAIRPERSO ETZOLD DECLARFD THE PUBLIC HEARING OPEN AT 8:02 P.M. Chairperson Betzold read the Admin' rative taff Report: MISTRATIVE STAFF REP 6201 Riverview Terrace VAR #86-30 A. PUBLIC PWAOSE SERVED BY REQUIREMENT: �PKion 205.07.3, D, 2c, 3, requires that an attached or detached\ accessory building which opens onto the side street shall be set bac at least 25 feet. 5 APPEALS COMMISSION MEETING, OCTOBER 28, 1986 e ' PAG F/ 6 Public purpose served by this requirement is to allow for off -st eet parking without encroaching on the public right-of-way and al s for aesthetic consideration to reduce the building"line of sight" encroach- ment into the neighbor's front yard. B. STATED HARDSHIP: "We n d a variance to attach the new garage and -keep in line with the presen building, and also to avoid moving the prese incoming power supply." C. ADMINISTRATIVE STAFF REVIEW: The petitioner resently has a one -stall gars . He would like to enlarge it and he would refer not to have a second detached garage in the middle of his back yard. If he is granted thi variance, he would add onto the rear of his existing garage and provide a n driveway out 62nd Way. There is a 7 ft. boulevard on 62nd Way; erefore, the a would be 27 ft, between the curb and the garage door. The south wall of the additi wo d jog 7 feet to the north; an additional 5 ft. jog would make an attach garage addition impractical. To construct a detached garaaA world result in the removal of at least one large mature tree. / � The addition would be abgbt 75 ft. frbT the neighbor's house to the east. If the Appeals Commis on approves this N9uest, the only stipulation the Staff recommends is pfiat the driveway be h rd -surfaced. Mr. Clark show/fth mmissioners an aerial phot of the property. He stated the garage wiljob 7 ft. to the north to t the 20 ft. To go any further to the get 25 ft, would block one o the windows of the house and the electrd have to be moved. The petite ner will keep the existing garage long driveway to Riverview Ter ce and the new garage with the drivend Way. Mr. Arnold s ated he would liketo put a double car garage o the back side of his house. Right now he has just the single car garage. One f the reasons for thgarage was that he and his wife have two cars, and\er son will soon be/ing home adding a third car. They need garage spacthree vehiclThe garage width would be 24 ft. Mr. arna asked Mr. Arnold if he had considered that instead of have q the e door opening and driveway onto 62nd Way, having the garage door mnen ina Vagfmhe east side of the garage with a curved driveway onto 62nd. This uld 8. 9. Development Cbmmission and he hadn't been notified of this change. Mr. Qureshi, City Manager, stated there was a draft letter submitted, but there were some changes recommended. He stated this let,Jtef would be sent tomorrow to the community Development C manission member . MOTION by Councilman Barnette to reve the November 4, 1986 General Election Statement of Canvass. Seoo d by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Ma r Nee declared the motion carried unanimously. Councilman Schneider stated We understands there were some difficulties with the tabulation equipment. He stated he would be willing to support what needs to be cone to rectiiv this situation. Mayor Nee requesteVstaff to submit a report. MDTION Councilman Goodspeed to receive the report of the neighorhood F 'g on Meadowlands Park of November 10, 1986. Seconded by Councilman trick. Upon a voice vote, all voting aye, Mayor Nee declared the carried unanimously. an M5 ;.s� :.ate:._ . !•.�!Mr . •.� M!��M �. • ��•�: a�• :.70,01W 10 RIM 75F-71713 -1507V Ills MINIM M) IM a AA S:V W. Robertson, Community Development Director, stated the petitioner had requested this same variance in 1985 and, at that time, because of an objection by a neighbor, the variance was denied. He stated the persons who objected have since moved and the petitioner's new neighbor favors the variance. W. Robertson stated the request is to reduce the side yard setback f rom 5 to 3 feet to allow the construction of an attached garage. He stated the variance was considered by the Appeals Commission and resulted in a tie vote. He stated Mr. Betzold had some conoerns regarding the hardship and requested guidanoe and clarification. Mr. Robertson stated if the variance is approved, staff is recommending no openings in the west wall and that it must be a one-hour fire -rated wall. -15- Councilman Goodspeed stated last year he made the motion to deny this variance on the basis of the neighbor's objection. He felt two questions had to be addressed, one if the variance should be approved and, second, the policy on how to handle these requests in the future. Councilman Goodspeed stated Mr. Froan's new neighbor would prefer to have the garage extended. He stated the Council may also consider an ordinance this spring to prohibit parking on the streets in the winter. He stated with these two things in mind and, considering Mr. Barn's comments, he would move the following: MOTION by Councilman Goodspeed to approve variance, VAR #86-29, to reduce the side yard setback from 5 feet to 3 feet to allow construction of an attached accessory building at 940 Pandora Drive N. E. , by Donald From, with the stipulation that there be no openings in the west wall and it must be a one-hour fire -rated wall. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mayor Nee stated he can sympathize with the issue raised by Mr. Betzold and this should probably be discussed at a Conference Meeting. Mr. Herrick stated if he were to quote the tests of the Supreme Court, 90% of the variances shouldn't be granted and this probably isn't unique to the City of Fridley. He stated whether the Council wishes to try and set forth a formal policy on how these are to be handled or continue on a case-by-case basis, he didn't have a strong feeling. He stated he has taken the position if the Council and the neighbors are satisfied, and the Council is taking a practical approach,, he didn't object. He stated the Council has to make certain findings and they, as the governing body, are authorized to make the f inal decision. It was the general consensus of the Council to review this at the Conference Meeting and discuss what tests may apply. Mr. Herrick stated there are probably some memos f ran his off ice in f it a on this subject. B. CONSIDURUION OF A VARIANCE REDUST. VAR #86-30. TO REDUCE SIDE N.E.. BY GDORGE AND LILLIAN ARNOLD: Mr. Robertson, Coaamunity Developin Director, stated this is a request for a variance to reduce the side d setback on the street side of a corner lot frau 25 to 20 feet to low construction of an attached garage. He stated the petitioner ' icates he needs the variance to attach the new garage and keep it ' line with the present building window and to avoid moving the pre t incoming power supply. Mr. Robertson stated the petitioner i ®ted if a detached garage were constructed, it would result in renov of at least one large tree. He stated the addition would be 75 feet the neighbor's house to the east. -16-