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VAR 10.80CITY OF FRIrJLray# SUBJECT VftK ID, MINNESOTA COMMISSION APPLICATION RE -:VIEW -- It-jmz Ifteli lll�gfj -JApproved by Dole COMPLETE REVIEW CHECKLIST RETURN TO PLANNING &1% rim wilm Awft FiLq NO/ ADDRESS Fit" ME �2 .2- 145 /P 7 DATE --. V= p m vv E)F;jr or A 7411 0 C - CrrY OF FRIOLMY, n/ INNESOTA (61 2) 571-3450 portmcn Ws lam •PUBLIC WORKS/CODE ENFORCEMENT SUBJECT APPLICATION TO APPEALS COMMISSION b e Approved by Date um er ev771 910-F23 2 of 2 800 7-17-79 Address Phone _�r 6/, 7-7 7 / Legal Description Lo#, No. Blo k No,- I Tr a t or dd1. Variance Requests attach plat or survey of property showing building, variances, etc., where applicable) -i a,-> ist specific hardship(s) whi h requires the variance(s) =-- Dat e Meeting Date Fee Receipt No. Signatu Comments & Recommendations by the Appeals Commission City Council Action and Date For internal Use A MR ®JEcr Gi'iV 012 FRB®LE°9f, APPLICATION TO APPEALS COMMISSION (Staff Report) orlment N soon Number Rev page Approved by Date PpUBLIC WORKS/CODE ENFORCEMENT 910-F23 2 2 of 2 800 7-17-741 Staff Comments: Board members notified of meeting by date notified, and "Yes" or "No" for plans to attend Name List members, hearing. Plan Date To Attend Id - a Person making appeal and the following .property owners zar;,—A. n - All 55421 M/M Cyrus A. Cyrus 4989 Roman Road N.E. -- M/M Paul Zmuda-200 Panorama N.E. M/M William Merry -212 Panorama N.E. - M/M James Kim, 224 Panorama N.E. M/M Oliver Beck -4988 3rd .Street N.E. -John Miller -5015 University Avenue N.E. Milton Carlson -5035 3rd Street N.E. -Edward J. Otremba-5567 East Danube Road - M/M Merle Soland. '° rid Ay, Mn 55432 225 Panorama N.E. -M/M Gerald Layland-213 Panorma N.E. M/M Allen Block 201 Panorma N.E. -M/M Larry Rozek-5061 Topper Lane N.E. Gregory J. Semanko & Kathy A. Hutton 5073 Topper Lane N.E. Phyllis Hungerford=5085 Topper Lane N.E. -M/M Richard Carrick -5068 3rd Street N.E. M/M Joseph Des Rosier -5056 3rd Street N.E. na /" 7..—_ _ n, _ having Date property within Phone or Mail 200 feet By Whom Notified •� -111=3 w iakt2-5644 ora Street N.E. ror tnternai vs�s CITY OF FRIDLEY 6431 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA 55432 NOTICE OF PUBLIC HEARING TELEPHONE ( 512)571-3450 October 31, 1980 Notice is hereby given that the Appeals Commission of the City of Fridley will conduct a public hearing in the City Hall in Community Room II (lower level) at 6431 University Avenue Northeast at 7:30 P.M. on Monday, November 10, 1980 in regard to the following matter. Request for a variance pursuant to Chapter 205 of the Fridley City Code, to reduce the side yard -setback on a corner lot for any accessory building from 25 feet to 15 feet, to allow an20 foot by 22 1/2 foot addition to an existing garage, located on Lot 1, Block 5, Carlson's Summit Manor South, the same being 225 Panorama Avenue N.E., Fridley, Minnesota. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. VIRGINIA SCHNABEL CHAIRWOMAN APPEALS COMMISSION Note: The Appeals Commission will have the final action on this request, unless there are objections from surrounding neighbors, the City Staff, or the petitioner does not agree with the Commission's decision. If any of these events occur, the request will continue to the City Council through the Planning Commission with only a recommendation from the Appeals Commission. Item #2 November 10, 1980 ADMINISTRATIVE STAFF REPORT 225 Panorama Avenue N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.053, 5b, requires any attached or unattached accessory building which opens on the side street (of a corner lot) to be at least 25 feet from the property line on the side street. Public purpose served by this requirement is to allow for off-street parking without encroaching on the public right of way and also for the aesthetic consideration of the neighborhood not to encroach into the adjacent neighbor's front line of sight. B. STATED HARDSHIP: "The existing garage is 15 feet from the property line and we want to keep the addition in line with this garage." C. ADMINISTRATIVE STAFF REVIEW: The existing attached garage is non -conforming as it is only 15 feet from the side street (3rd Street) property line. There is an eleven foot boulevard on 3rd Street putting the building 26 feet from the curb. The 20 foot by 22.5 foot addition will be added onto the back of the garage (along 3rd Street and to the north) and will be 30 feet from the back property line. The•house to the back faces 3rd Street and is setback 34.3 feet from the 3rd Street property line making the building 45.3 feet from the curb line, 15.7 feet from the common lot line, which leaves 45.7 feet between structures. If the Commission approves this request we have no stipulations to suggest with the approval. Item #2 November 10, 1980 ADMINISTRATIVE STAFF REPORT 225 Panorama Avenue N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.053, 5b, requires any attached or unattached accessory building which opens on the side street (of a corner lot) to be at least 25 feet from the property line on the side street. Public purpose served by this requirement is to allow for off-street parking without encroaching on the public right of..way and also for the aesthetic consideration of the neighborhood not to encroach into the adjacent neighbor's front line of sight. B. STATED HARDSHIP: "The existing garage is 15 feet from the property line and we want to keep the addition in line with this garage." C. ADMINISTRATIVE STAFF REVIMI: The existing attached garage is non -conforming as it is only 15 feet from the side street (3rd Street) property line. There is an eleven foot boulevard on 3rd Street putting the building 26 feet from the curb. The 20 foot by 22.5 foot addition will be added onto the back of the garage (along 3rd Street acid to the north) and will be 30 feet from the back property line. The house to the back faces 3rd Street and is setback 34.3 feet from the 3rd Street property line making -the building 45.3 feet from the curb. line, 15.7 feet frnm the common lot line, which leaves 45.7 feet between structures. If the Commission approves this request we have no stipulations to suggest with the approval. APPEALS COMMISSION MEETING - November 10, 1980 Page 3 Po MOTION by Mr. Kemper) seconded by Mr. Plemel, to approve the variance request to increase the maximum heights of a fence in the front yard from 4 feet to 7.feet to allow the placement of a wooden fence 10feet west of the front property li- for 120 feet, on Lots 1 and IA; Block 1, Garten's Addition, the same being 7600 East River Road, Fridley, MN, with the stipulation that Jim Hill,Public Safety Director of the City of Fridley, look at the staked area on the 'corner of East River Road and evaluate the plans to determine whether or not the plans con- tribute to a safety problem. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. VARIANCE REQUEST PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY CODE, TO REDUCE THE SIDE YARD SETBACK ON A CORNER LOT FOR ANY ACCESSORY BUILDING FROM 25 FEET TO 15 FEET, TO ALLOW A 20 FT. BY 22-1/2 FT. ADDITION TO A XISTING GARAGE, LOCATED ON LOT 1, BLOCK 5, CARLSON'S SUMMIT MA OUTH, THE SAME G 225 PANORAMA AVENUE N.E. (Request by Merle Solan , 225 Panorama Avenue N.E.., Fridley, MN 55421). Merle and Joan Soland, 225 Panorama Avenue N.E., Fridley, and Grace and Bill Merry, 212 Panorama Avenue N.E., Fridley, were present. MOTION by Mr. Kemper, seconded by Mr. Plemel, to open the public hearing. UPON A VOICE -VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNAPEL DECLARED THE PUBLIC HEARING OPEN AT 8:05 P.M. Chairwoman Schnabel read the Staff Report: ADMINISTRATIVE STAFF REPORT '225 Panorama Avenue N.E. A. PUBLIC PUR 6SE SERVED BY REQUIREMENT: Section 205.053, 5b, requires any attached or unattached accessory building which opEu,.s on the side street (of a corner lot) to be at least 25 feet from the property line on the side street. Public purpose served by this requirement is to allow for off-street parking without encroaching on the public right of way and also for the aesthetic consideration of the neighborhood not to encroach into the adjacent neighbor's front line of sight. B. STATED HARDSHIP: "The existing garage is 15 feet from the property line and we want to keep the addition in line with this garage." C. ADMINISTRATIVE STAFF REVIEW: The existing attached garage is non -conforming as it is only 15 feet from the side street (3rd Street) property.line. There is an 11 foot boulevard on 3rd Street putting the building 26 feet from the curb. The 20 ft. by 22.5 ft. addition rill be added onto the back of the garage (along 3rd Street and to the north) and will be 30 feet from the back property line. The house to the back faces 3rd Street and is setback 34.3 ft. from the 3rd Street property line making the building 45.3 ft, from the curb line,'15.7'ft. from the common lot line, which leaves 45.7 ft. between structures. If the Commission approves this request we have no stipulations to suggest with the approval. MM APPEALS COMMISSION MEETING —November 10, 1980 Page 4 Mr. Moravetz showed the Commission aerial photographs and pictures taken of t1lb 10 area and proposed addition. Chairwoman Schnabel asked if the addition was for more garage or living space. Mr. Soland said it would be for additional garage space for storing of vehicles. He said they would be using the same driveway. The garage will not be heated. Chairwoman Schnabel asked if he would be doing any mechanical work in the garage and Mr. Soland stated that he fixes his own cars and his woodworking tools would be stored in the garage. Chairwoman Schnabel said the existing garage is 540 sq. ft. and the addition would be 440 sq. ft. (total 980 sq. ft) and that the house and breezeway (living space) is 904 sq. ft. She said there will be more garage space than living space. Mr. Soland stated that the roof will go the opposite direction of the present roof. Mr. Merry stated that he had no objection to the addition. Mr. Kemper said he had a question about the.stated hardship on the Staff Report and that it really does not address the matter. Mr. Soland stated that he did not want the addition to cover his breeze- way or his kitchen. Chairwoman Schnabel agreed that the stated hardship in the Staff Report does not really address the question. She also noted that there may be a problem in the future should the petitioner sell and the new owners turn the addition into a repair shop'or something; the wrong business could be a problem in the neighborhood. MOTION by Mr. Barna, seconded by Mr. Plemel, to close the public hearing. UPON A VOICE VOTE, ALL VOTING -AYE, CHAIRWOMAN SCHNABEL DECLARED THE PUBLIC HEARING CLOASED AT 8:21 P.M. MOTION by Mr. Plemel, seconded by Mr. Barna, to approve the variance request to reduce the side yard setback on a corner lot for any accessory building from 25 ft. to 15 ft., to allow a 20 ft. by 22-1/2 ft. addition to an existing garage, located on Lot 1, Block 5, Carlson's Summit Manor South, the same being 225 Panorama Avenue N.E., Fridley, MN 55421. UPON A VOICE VOTE, ALL VOTING AYE',- CHAIRWOMAN YE;CHAIRWOMAN SCHNABEL DECLARED THE MOTION CARRCED UNANIMOUSLY. 3. VARIANCE REQUEST PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY CODE TO REDUCE THE SIDE YARD SETBACK ON THE LIVING SIDE OF A DWELLING FROM THE REQUIRED 10 FT. TO 5.8 FT. TO ALLOW A 20 FT. ADDITION TO AN EXISTING HOUSE, LOCATED ON LOTS 1,2,3 AND 4, BLOCK P, RIVERVIEW HEIGHTS,ALONG WITH THE SOUTH 2 FT. OF LOTS 48, 49, AND 50, BLOCK P, RIVERVIEW HEIGHTS, THE SAME BEING 8270 BROAD AVENUE N.E. (Request by William and Suzanne Berglund, 8270 Broad Avenue N.E. Fridley, MN 55432). William and Suzanne Berglund, 8270 Broad Avenue N.E., Fridley, were present. MOTION by Mr. Kemper, seconded by Mr. Barna, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE PUBLIC HEARING OPEN AT 8:25 P.M. Chairwoman Schnabel read the STaff Report: ADMINISTRATIVE STAFF REPORT 8270 Broad Avenue N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.053, 4B, requires a minimum side yard setback of 10 ft. for living area. APPEALS COMMISSION MEETING November 10, 1980 Page 5 .a Public purpose served by this requirement is to maintain a minimum of 20 ft. between living areas in adjacent structures and 15 ft. betweenigarages 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:, "The existing house is located 5.8 ft. from the side property line. This addition would require no modification of existing roof line and it is the least expensive and easiest way to incorporate new living space and maintain a good floor plan." C. ADMINISTRATIVE STAFF REVIEW: The dimensions of this property are 110 ft. by 110 ft. and located on the corner of Broad Avenue and Janesville Street. The house faces Broad Avenue so that is considered the front yard. The existing house is located 5.8 ft. from the side lot line (north) and 15.5 ft. from the front lot line (east). The addition is proposed off the back of the dwelling (to the west) and in line with the north side of the dwelling. The addition would not create any problems for the adjoining property owners to the north as their dwelling faces Kimball Street and there would be 52.6" -ft. between dwellings. Some consideration should be given to limiting windows along the north side of the addition to maintain the privacy of the rear yard of the neighbor to the north. Mr. Moravetz showed the Commission aerial photographs and pictures taken of the area. Mr. Berglund stated that their fence is 6" on their neighbor's property to the north and they have a half basement and crawl space. Mr. Moravetz stated that the property owner to the north has a very small back yard and the Staff was concerned about their privacy. Me. Berglund showed the Commission his,plans for the addition and he has no plans for windows to the north. He stated that he has some experience in remodeling and carpentry and the block work and rough -in will be contracted. He further stated that the roof line will be carried all the way back, they will be matched, and the addition was okay with his neighbors to the north. Mr. Barna stated that there is a big tree that would break up the visual effect of crowding and that this addition would enhance the neighborhood. Mr. Moravetz stated that he had no calls from the neighbors. Mr. Kemper stated that the hardship in the Staff Report did not address the real matter, that being' the home is too small and petitioners need more living space. Chairwoman Schnabel suggested that "human needs" should be added to the hardship part of the form. MOTION by Mr. Barna, seconded by Mr. Kemper, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE PUBLIC HEARING CLOSED AT 8:40 P.M. MOTION by Mr. Barna, seconded by Mr. Kemper, to approve the variance request tore - duce the side yard setback on the living side of a dwelling from the required 10 ft. to 5.8 ft. to allow a 20 ft. addition to an existing house, located on Lots 1,2,3, and 4, Block P, Riverview Heights, along with the south 2 ft. of Lots 48,49, and 50, Block P, Riverview Heights, the same being 8270 Broad Avenue N.E., Fridley, MN 55432. UPON A VOICE VOTE,ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. - xF SION mwmm - ;: r..1.19,00 page, MOTION by. Mr. Barna, seconded by, Mr. Kemper, to adjourn. UPON A VOICE V07S 'ALL' VOTING AYE, CHAIRWOMAN' SCHNABEL `DEMARED THE APPEALS C ISSION -MEETING OF NaVEMBER 10, 1950, ;ADJOURtd.Bp AT 8 s 45 PX*' X pect#ujAy" oubmitted, Deb Nizn-ik Recording Secretary ,L - - 4 t F , v APPEALS COMMISSION MEETING - November 10, 1980 o MOT10 by Mr. Kemper, econded by Mr. I'leanel, to prow to inc ease the max' um he' is of a fence in t front 7 feet allow a placement a wooden fe a0 feet for 120 t,. n Lots 1 and 1A, ck 1, G en's Addit 7600 East er Road, Fridley, MN, wi a stipulation Safety D' ector f the City of Fridle , 1 at the sta East ' er Road an valuate the pl s to determi trib to to a safety pr l.em. UP A VOICE VOTE, ALL.VO D LARED THE MOTION CARRI UNANIMOUSLY. the.variance requt yard from 4e: o west of the fro t property lin o , same ing that J Hi ,Public e area the corner of hl or t he plans con - IN ,, CHa OMAN SCHNABEL 2. VARIANCE REQUEST PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY CODE, TO REDUCE THE SIDE YARD SETBACK ON ACORNER LOT FOR ANY ACCESSORY BUILDING FROM 25 FEET TO 15 FEET, TO ALLOW A 20 FT. BY 22-1/2 FT. ADDITION TO AN EXISTING GARAGE, LOCATED 014 LOT 1, BLOCK 5, CARLSON'S SUMMIT MANOR SOUTH, THE SAME,BEING 225 PANOI AVENUE N.E. (Request by Merle Soland, 225 Panorama Avenue N.E., Fridley, MN 55421). w Merle and Joan Soland, 225 Panorama Avenue N.E., Fridley, and Grace and Bill Merry, 212 Panorama Avenue N.E., Fridley, were present. MOTION by Mr. Kemper, seconded by Mr. Plemel, to open the public hearing.- UPON A VOICE VOTE, ALI, VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE PUBLIC HEARING OPEN AT 8:05 P.M. Chairwoman Schnabel read the Staff Report: ADMINISTRATIVE STAFF REPORT 225 Panorama Avenue N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.053, 5b, requires any attached or unattached accessory building which op pis on the side street (of a corner lot) to be at least 25 feet from the property line on the side street. Public purpose served by this requirement is to allow for off-street parking without encroaching on the public right of way and also for the aesthetic consideration of the neighborhood not to encroach into the adjacent neighbor's front line of sight. B. STATED HARDSHIP: "The existing garage is 15 feet from the property line and we want to keep the addition in line with this garage." C. ADMINISTRATIVE STAFF REVIEW: The existing attached garage is non -conforming as it is only 15 feet from the side street Ord Street) property line. There is an 11 foot boulevard on 3rd Street putting the building 26 feet from the curb. The 20 ft. by 22.5 ft. addition will be added onto the back of the garage (along 3rd Street and to the north) and will be 30 feet from the back property line. The house to the back faces 3rd Street and is setback 34.3 ft. from the 3rd Street property ling making the building 45.3 ft. from the curb line,'15.7 ft. from the common lot line, which leaves 45.7 ft. between structures. If the Commission approves this request -we have no stipulations to suggest with the,approval. APPEALS COMMISSION MEETING -'November 10, 1980 Page 4 Mr. Moravetz showed the Commission aerial photographs and pictures taken of the area and proposed addition. Chairwoman Schnabel asked if the addition was for more garage or living space. Mr. Soland said it would be for additional garage space for storing of vehicles. He said they would be using the same driveway. The garage will not be heated. Chairwoman Schnabel asked if he would be doing any mechanical work in the garage and Mr. Soland stated that he fixes his own cars and his woodworking tools would be stored in the garage. Chairwoman Schnabel said the existing garage is 540 sq. ft. and the addition would be 440 sq. ft. (total 980 sq. ft) and that the house and breezeway (living space) is 904 sq. ft. She said there will be more garage space than living space. Mr. Soland stated that the roof will go the opposite direction of the present roof. Mr. Merry stated that he had no objection to the addition. Mr. Kemper said he had a questionabout the.stated hardship on the Staff Report and that it really does not address the matter. Mr. Soland stated that he did not want the addition to cover his breeze- way or his kitchen. Chairwoman Schnabel agreed that the stated hardship in the Staff Report does not really address the question. She also noted that there may be a problem in the future should the petitioner sell and the new owners turn the addition into a'repair shop .or something; the wrong business could be a problem in the neighborhood. MOTION by Mr. Barna, seconded by Mr. Plemel, to close the public hearing. UPON A VOICE VOTE, ALL VOTING•AYE, CHAIRWOMAN SCHNABEL DECLARED THE PUBLIC HEARING CLOASED AT 8:21 P.M. MOTION by Mr. Plemel, seconded by Mr. Barna, to approve the variance request to reduce the side yard setback on a corner lot for any accessory building from 25 ft. to 15 ft., to allow a 20 ft. by 22-1/2 ft. addition to an existing garage, located on Lot 1, Block 5, Carlson's Summit Manor South, the same being 225 Panorama Avenge,N.E., Fridley, MN 55421. UPON A VOICE VOTE, ALL'VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE MOTION CAPRIED UNANIMOUSLY. VARIANCE REQUEST PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY CODE TE7REDUCE THE SIDE YARD SETBACK ON THE LIVING SIDE OF A DWELLING FROM THE AtEO_UIRED 10 TO 5.8 FT. TO ALLOW A 20 FT. ADDITION TO AN EXISTING HOUSE, LOCAITD ON TS 1,-2,3 AND 4, BLOCK P, RIVERVIEW HEIGHTS,ALONG WITH TJ -18 -SOUTH 2 FT. OF LO 48, 49, AND 50, BLOCK P, RIVERVIEW HEIGHTS, THE BEING 8270 BROAD AVEN N.E. (Request by William and Suzanne Bergl d, 8270 Broad Avenue N.E. Fridle MN 55432). William and Suzahme Berglund, 8270 Broad MOTION by Mr. Kemper, conded byMr. B VOICE VOTE, ALL VOTING AY CHAIRWO S AT 8:25 P.M. Chairwoman Schnabel read the Staff .E., Fridley, were present. a, to open the public hearing. UPON A CHNABEL DECLARED THE PUBLIC HEARING OPEN REPORT 8270 Broad Avenue N. A. PUBLIC PLTWSE SERVED BY REI Sectio 205.053, 4B, requires a minimum side yard se tba of 10 ft. for liv' g area.