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VAR 09.85rM Department planning CITYOF FR! DLEY F11s Address/Desci on Variance 6597 Pierce St. side yard setback on lot from 17:5 feet to 5.7 feet. Cahn J� Oct, cii�' COMMISSION APPLICATION REVIEW M°JOHN DARREL CLYDE Al . umber 75 IF11s Date I Mestlnip Date 9-26-85 10-15-85 ,90MPLETE REVIEW CHECKLIST RETURN TO PLANNING COMMENTS CITY OF FRIDLEY 6431 UNIVERSITY AVE. N.E. FRIDLEY. MN 55432 (612)571-3450 VARIANCE REQUEST FORM VARIANCE FEE 600-'00 RECEIPT # 1-f 515' PROPERTY INFORMATION PROPERTY ADDS (65-97- Tie. Pcd�P— LE;AL DESCRIPPION: f LOT 14 BI= 7RACIr/ADDITIDN 1)0 N 'S PRESENT ZONING VARIANCE REQUEST(S): Attach a plat or survey of the property showing building, , - rriance(s), where applicable. Rrc» ! •5° 40 5- �'� .S Section of the Cade: List specific hardship(s) which require the variance (s) : . A." "tteka "gLd,- OWNER INFORMATION pp NAIL (please print) bn iv A LA PHONES 7 ( "O O S ADMESS (o S SIGNAZURE ie 2Ce S+ 113 DATE 2 /,;? 4. 1 R1� PETITIONER INFORMATION NAM (please print) \ boo 0, L � '� � 1--4- (Q rZ�( PHONE � ? ( ^ C) O C - O-, AD s �s97 Pie 2c� SIGNATURE �• i • .. • DID 0124 10 V�Y� STIRM ATIONS: i�— RSR Crr'Y USE CNLY Notification of petitioner and property owners within 200 feet: Name /Address Date notified Donald J. Landry, 6597 Pierce Street, Fridley, MN 55432 10-4-85 James G. Wedan, 6581 Pierce Street, Fridley, MN 55432 I " Erwin R. Berglund, 6565 Pierce Street, Fridley, MN 55432 I " I Gregory D. Martin, 6549 Pierce Street, Fridley, MN 55432 I " I Alvin T. Berg, 6533 Pierce Street, Fridley, MN 55432 I I Charles R. Peterson, 6532 Channel Road, Fridley, MN 55432 I " I David L. Bona, 6548 Channel Road, Fridley, MN 55432 Roy M. Boone, 6564 Channel Road, Fridley, MN 55432 I " i Charles F. Johnson, 6580 Channel Road, Fridley, MN 55423 I " I Loran C. Palmer, 6596 Channel Road, Fridley, MN 55432 I " I Anthony F. Swanson, 6601 Lucia Lane, Fridley, MN 55432 I Burton H. Scherven, 6610 Pierce Street, Fridley, MN 55432 I It I John P. Gibson, 1255 66th Avenue, Fridley, MN 55432 I " I Janice L. Bednarski, 6610::Channel Road; Fridley, MN 55432 I " I William 0. McCloskey, 6620 Channel Road, Fridley, MN 55432 ( " I Bruce J. Thornburgh, 6630 Channel Road, Fridley, MN 55432 " John P. Urista, 6599 Channel Road, Fridley, MN ;55432 I " Helen A. Clair, 6609 Channel Road, Fridley, MN 155432 " Esther M. Snow, 6619 Channel Road, Fridley, MN 155432 " Theodore Holsten, 3215 Townview Ave., St. Anthony, MN 55418 I " I Edward F. Lancello, 6597 Lucia Lane, Fridley, M 55432 I " Richard J. Erickson, 6581 Lucia Lane Fridley, MN 55432 155432 " Mearl C. Crosser, 6565 Lucia Lane, Fridley, MN Wayne Hitchcock, 6532 Pierce Street, Fridley, MSN 55432 I " I Vernon E. Brewers, 6548 Pierce Street, Fridley, MN 55432 I " I Martin B. Imbertson, 6564 Pierce Street, Fridley, MN 55432 M 55432It MN 55432 I " I I " I I Robert L. Skyhawk, 6580 Pierce Street, Fridley, Richard L. Berganini, 6596 Pierce Street, Fridley, - V - ---- - - - - - - --0. CL i e-� A ((J� ' _`-'- . , .. _ � _ __��/1. � _ - T-- -- ---- - — -- --- � — � ---- it--- -- e ,, i --r - - -- - -• --- I ---- --- I�------- -- —'- - — - I - --' —. _.--- '4 ..� I . �� ---- z - - - , - = -�- � -� -� --- -- -- - �, l • F 1".• a • .rte. - � ` Lame", +ate kj •� A ENG I NEERI NGS► awl �n iiieirs E Surve ors .-Mlortoage Lean -Survey for _ Q• � � Q 'a o AVENUE N -Et uj �I Ce Lo U QlNe Lo LLCM Z4 1 � 1 133.31— �'_3O' I 00w`< 2 -ADDITION 4 -"tt n es i► aeWOM&AM 4i'4o surw *ffJk boaidovus O f & lyd odsae aEsrr a ' `l ri�rfiar� q�el/dr digs, 94" sW NY mu onvo r�fr �e�rlc: 4a„ntad a►aad a� Ir�Pfir�d j'''L� /'r'7°'°se 9('7°6', i-�jaWOWN=. ' _.,. S &1N EJV IAWE1tI . /NC. Item #6, October 15, 1985 ADMINISTRATIVE STAFF REPORT 6597'Pierce street N.E. A. PUBLIC PURPOSE SERVED BY REQUIR : Section 205.07.3D.2c.1, requires that the side yard width on a street side of a corner lot shall not be less than seventeen and one-half (17.5) feet. Public purpose served by this requirement is to maintain a higher degree of traffic visibility and to reduce the "line of sight" encroachment into the neighbor's front yard. B. STATED HARDSHIP: "1. We have a child with Neurofibronatosis, a disorder of the nervous system. This condition could be aggravated by extreme cold weather. Child must be brought to school, mother works necessitating a 2 car attached garage to make sure the car starts in cold weather. 2. We feel it could improve the current aesthetic value in the neighborhood." The petitioner wants to add 10.5 feet onto his existing 12 foot wide garage to make it a 22.5 foot, two car garage. The boulevard width is 10 feet, therefore the proposed addition would be 15.7 feet from the curb. The house to the rear does not face the side street; it faces Channel Road. The petitioner does have room to construct a detached garage in the rear yard, however then he would need to convert his existing attached garage to living area or obtain a special use permit for two garages. Item #6, October 15, 1985 ADMINISTRATIVE STAFF REPORT 6597 Pierce Street N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.07.3D.2c.1, requires that the side yard width on a street side of a corner lot shall not be less than seventeen and one-half (17.5) feet. Public purpose served by this requirement is to maintain a higher degree of traffic visibility and to reduce the "line of sight" encroachment into the neighbor's front yard. B. STATED HARDSHIP: "L We have a child with Neurofibronatosis, a disorder of the nervous system. This condition could be aggravated by extreme cold weather. Child must be brought to school, mother works necessitating a 2 car attached garage to make sure the car starts in cold weather. 2. We feel it could improve the current aesthetic value in the neighborhood." C. ADMINISTRATIVE STAFF REVIEW: The petitioner wants to add 10.5 feet onto his existing 12 foot wide garage to make it a 22.5 foot, two car garage. The boulevard width is 10 feet, therefore the proposed addition would be 15.7 feet from the curb. The house to the rear does not face the side street; it faces Channel Road. The petitioner does have room to construct a detached garage in the rear yard, however then he would need to convert his existing attached garage to living area or obtain a special use permit for two garages. Lbolb� ;bDbw a 646"6830 681 6B ►0 ' 6500 j =\ 6 200) (.aZO) , ( floo)., ($,(40). 6714 �I6734 l8 /9� O 23 , 2¢ t �LT16 601 • :�.. 8 Q. r 0 6745W � rL • 6780 Z (600 -CM u. r VL �I � rL � R 5� s d 4 1 /xar iu, 71 O W Q V C/7ao% 1 • 6780 Z (600 -CM �I 6 A a�> ~ 6640 W Q V C/7ao% 6 D 620- 2G � 6EP'�;) i 5 5 E 66 bl - WOO 6643- . 5A 6631 1. 6 A �4 .\I .T! 4177M W L mm %f (&(,70 27 r, --f fq) C/ssO) 6`4& 28 G-ozo) 6630 (0 ilo 661 o 1256 (/." O p-000) ; 'I `'f\ 6w's 600 "'dj ��. ' • ii0' tsl� i 1. - bsi6i bseo 6/ (80) 2 62 i3 N . ; 6564 °t 0 44 b3415 O) o 0 6540 6633�7 bs 3a res �g aa Jill EE -.3 A2s- (76b) 6619 4 � • 6780 ((� 6700 4E 6 676 6(640 IF w-) 6634 (7am) 6616 (fsv t - 42 (fta) 7 ¢1 603 E 660 a 6! 6581 (ir4ej _ Cli1/'s Rrrxr W i Avwos� 10 I So 15 0l� 0 CITYOF 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 15 1985 in regard to the following matter: Consideration of a variance request pursuant to Chapter 205 of the Fridley City Code, to reduce the side yard setback on a corner lot from 17.5 feet to 5.7 feet to allow the construction of an attached garage on Lot 14, Block 1, Don's 2nd Addition, the same being 6597 Pierce Street 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. APPEALS COMMISSION MEETING; OCTOBER 15,'1985 PAGE 9 Mr. Brody stated he was talking about Cost Cutters and a potent"'al tenant, r. Tax of America, which was a tax financial planning servic This tenant h d recognized the difficulty with the site and had indicate � it would not be interested in leasing unless there was some type of sig age on the pylon. Mr. Br y stated that right now, he has the maximum sig age allowed under the ordinanc (80'sq. ft.). He is asking for two smaller igns, each 20 sq. ft., which woul be located under the Pickwick sign. The signs would be professionally done, would a tasteful, and would be used for ide;Z/ffication only. Mr. Brody showethe Commissioners photographs o the site, directing their attention specifi lly to the east elevation t en from Central Avenue. The Pickwick sign was visible, but the building w s barely visible. Because of the undue hardship o the low elevation fro Central Avenue and the fact that the building was tucke into the side of t e hill, he stated it really made it very difficult for hist ants to operate Mr. Brody stated that in th audience ere Earl Faulkner and Vern Gunderson, owners of Cost Cutters, and t e manag r who would be willing to tell about how their customers have commented n t difficulty in locating the business. Also, in the audience was Craig 1 n, a representative from Mr. Tax of America, who would be willing 'to answer an questions and also state the problem he would have in locating in the buildin wi out a sign. Mr. Betzold asked if any consideration\haden given to reducing the Pickwick sign. Mr. Brody stated he did n think thatasible. This was a new sign, and Pickwick paid approx mately $6,000a sign. Mr. Betzold asked if )here was any more room ih\the building for more tenants. Mr. Brody statedtf1 t with Mr. Tax of America, the building would be 100% leased. / Ms. Gabel stat9d that if the approve the variance, som type of stipulation would have to/be put on it to preclude this from ever be' g a 120 sq. ft. sign, should the Wants change. Mr./aPickwick stated that Pickwick has a 15 -year lease, and their\,lease nrovides thahave an 80 sq. ft. sign. What would be fair would be\that at such timmoved out, at that point the ton signage for thiKnew tenant coueduced to 40 sq. ft. That would get them back to the cc4forminq 80 . Plemel stated he felt the variance should not go with the tenants blat with e real property. APPEALS COMMISSION MEETINGS—OCTOBER 15,*1985 " ..... " 'PAGE 10 Mr. Barna stated that if the variance was granted, it should o with the p erty in the instance that there are at least two tenant on the propertv; but 'f there was to be only one tenant on the property, tenant/ n the variance would a rescinded and it would revert back to 80 sq. ft Mr. Brody\stated he would agree with that stipulation MOTION BY MR BARNA, SECONDED BY MR. BETZOLD, TO CL6SE THE PUBLIC HEARING. UPON A VOICE VOT$„ ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC HEARING CLOSED AT :40 P.M. // Ms. Gabel stated thehardship was very clea `that the petitioner needed a variance to have the s1 ns there. She tho ht the request was very reasonable, and she had no reason to,deny the varian request. Mr. Barna stated there was a definite ardship. He could see the need for the signs; but he would reco nd th y put on a limitation that an additional 20 so. ft. per tenant be allowe as lona as there were at least two tenants in the building. At such a t, etfias ere would be only one tenant in the building, then the additional 40 sq, ft, would be removed reverting back to 80 sq. ft. of signage. P1ckwi now an 80 sq. ft. sign, but if Pickwick left, the new tenant replacin Pickwic would only be allowed 40 sq, ft., with the total combination ry t to exceed 0 sq, ft. MOTION BY MR. BARNA, SECONDED BY MR. BETZOLD, TO RECOMMEND TO CITY COUNCIL APPROVAL OF A VARIANCE'RkQUEST PURSUANT TO CH ER 214 OF THF FRIDLF.Y CITY CODE TO INCREASE THE MAXIMUM SQUARE FOOTAGE OF \�X,�.ANOKA TANDING SIGN FROM 80 SQUARE FEET TO 120 S UARE FEET TO ALLOW THE PLAOF TWO (2) 20" X 11'6" PANELS ON THE E'X NG PYLON ON LOT 1, BLOCK 1,ADDITION, ANOKA COUNTY, THE SAME BEING 76 -769 53RD AVENUE N.E. WITH THG STIPULATIONS: 1. THE ADD TIONAL 40 SQ. FT. TO BE ALLOWEWO DDITIONAL TENANTS AT 20 Q. FT. PER TENANT, AS LONG AS T, TW TENANTS IN THE BUI ING. IF EITHER OF THE TWO TENANTMOVE UT, THE SQUARE FOO AGE WILL BE REDUCED BY 20 SQ. FT. 2. T 80 SQ. FT. SIGN TO REMAIN FOR PICKOK STORE. , FOR ANY ON, PICKWICK BOOK STORE SHOULD MOV80 SQ. FT. SNAGE FOR THE NEW TENANT WILL BE REDUCED TO 40 SQ. FT., MAKING THE To AL f SQUARE FOOTAGE OF SIGNAGE, WITH A MAXIMUM OF TWO ADDITIONAL TENANTS, f TO NOT EXCEED 80 SQ. FT. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. 6. CONSIDERATION _0_F A VARIANCE REQUEST PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY CODE TO REDUCE .THE .SIDE.YARD.'.SETBAC—ON -A CORNER..LOT..FRO . ..5 .FT.: TO 5.7 FT. tRequest Dy Dona an rv, 0597 fierce Street N. E., Ridley, Mn. APPEALS COMMISSION MEETING, ­OCTOBER 15, 1985 PAGE 11 MOTION BY MR. BETZOLD, SECONDED BY MR. BARNA, TO OPEN THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE P17BLIC HEARING OPEN AT 8:47 P.M. Chairperson Gabel read the Administrative Staff Report: ADMINISTRATIVE STAFF REPORT 6597 Pierce Street N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.07.3D.2c.1 requires that the side yard width on a street side of a corner lot shall not be less than seventeen and one-half (17.5) feet. Public purpose served by this requirement is to maintain a higher degree of traffic visibility and to reduce the "line of sight" encroachment into the neighbors front yard. B. STATED HARDSHIP: 1. We have a child with Neurofibronatosis, a disorder of the nervous system. This condition could be aggravated by extreme cold weather. Child must be brought to school, mother works necessitating a two - car attached garage to make sure the car starts in cold weather. "2. We feel it could improve the current aesthetic value in the neighborhood." C. ADMINISTRATIVE STAFF REVIEW: The petitioner wants to add 10.5 feet onto his existing 12 foot wide garage to make it a 22.5 foot, two -car garage. The boulevard width is 10 feet, therefore the proposed addition would be 15.7 feet from the curb. The house to the rear does not face the side street; it faces Channel Road. The petitioner does have room to construct a detached garage in the rear yard, however, then he would need to convert his existing attached garage to living area or obtain a special use permit for two garages. Mr. Clark stated the Commissioners had a picture of the property along with an aerial photo. He stated the petitioner could reduce the size of the garage down to something less than 22 ft. if the petitioner was willing to do so. However, there was not much room to compromise as two cars could not be parked in anything less than 20 ft. Mr. Landry stated that, for the reasons stated, they feel the attached garage would be better than placing the garage in the back. APPEALS COMMISSION'MEETING; OCTOBER 15;'1985 " PAGE 12 MOTION BY MR. BARNA, SECONDED BY MR. PLEMEL, TO CLOSE THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC HEARING CLOSED AT 8:55 P.M. Mr. Barna stated he could definitely see the hardship. He was familiar with Neurofibronatosis and sympathized with the parents. It does cause extreme discomfort in cold weather. He could understand why the petitioners wanted an attached garage rather than a detached garage because of the aggravation of cold weather to the child with- this disease. A detached garage in the rear yard would not be feasible because the garage would have to be in the middle of the yard. If the garage was attached to the east part of the house, they would lose all the windows to the rear of the house. He stated he would vote in favor of the variance. Mr. Plemel stated that since there was no neighborhood objection and because of the absence of traffic in this area, he would be in favor of granting the variance. Mr. Betzold stated he felt this was a personal hardship; it has nothing to do with the statutory tests they were supposed to be following. He felt the problem they are going to face was that at some point down the line, there is going to be a very similar situation like this and because a neighbor objects, they will deny it on that basis. He felt they had "watered" any meaning out of the City Code based on a lot of personal considerations that have absolutely nothing to do with the property. He did agree that from a financial and personal stand- point, it did not make sense to put the garage in any other location. He would not oppose the variance, but he did have these concerns. Ms. Gabel stated that part of what Mr. Betzold stated was valid. But, the other thing the Commission was apprised of several years ago was that financial con- siderations were also hardships. She felt that asking people to literally take a part off their house and move it into another portion of the yard, aside from the fact that it was making people jump a lot of unnecessary bureaucratic hoops, she felt it was truly a financial hardship. She still felt very strongly that in this climate, having a garage was a necessity. She was in favor of the variance. MOTION BY MR. PLEMEL, SECONDED BY MR.BARNA, TO APPROVE A VARIANCE RE017EST PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY CODE TO REDUCE THE SIDE YARD SETBACK ON A CORNER LOT FROM 17.5 FEET TO 5.7 FEET TO ALLOW THE CONSTRUCTION OF AN ATTACHED GARAGE ON LOT 14, BLOCK 1, DON'S 2ND ADDITION, THE SAME BEING 6597 PIERCE STREET N. E. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THF. MOTION CARRIED UNANIMOUSLY. COOT"if Cr-" FP7.=.Lrz*Y 8431 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA 55432 TELEPHONE ( 612)571-3460 OBSTRUCTION: Lot Block Addition Property (Xviier -."tddresss RECORD OF CON 2% UNI CAT I ONS 2. 4. S. 6. 7. a STATE OF MINNESOTA CITY OF FRIDLEY 6965,23 APPEALS COMMISSION PROCEEDINGS In the Matter of a varianU_rgauest located on Lot 14. Block 1. Don's Second Addition. the same _ VARIANCE being 6597 Pierce Street N.E. Donald J. -Landry , Owner f The above entitled matter came before the Appeals Commission of the City of Fridley and was heard on on the 15th day of October , 19 85 , on a petition for a variance pursuant to the y of Frid ey s oningr inance;Tor the following described property: Consideration of a variance request pursuant to Chapter 205 of the Fridley City Code to reduce the side yard setback on a corner lot from 17.5 feet to 5.7 feet to allow the construction of an attached garage on Lot 14, Block 1, Don's Second Addition, the same being 6597 Pierce Street N.E. IT IS ORDERED that a variance be granted as upon the following conditions or reasons: See Appeals minutes of October 15, 1985 STATE OF MINNESOTA ) COUNTY OF ANOKA ) ss. CITY OF FRIDLEY ) OFFICE OF THE CITY CLERK I, Sidney C. Inman, City Clerk for the City of Friley with and in for said City of Fridley, do hereby certify that I have compared the foregoing copy and Order granting a variance with the original record thereof preserved in my office, and hve found the same to be a correct and true transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at the City of Fridley, Minnesota, in the County of Anoka on the - _Z �j _ day of Cek;-)b-g, 19Lj—. DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432� � � � A RICHARD PRIBYL - ACTING he CL�-R Variances are valid for a period of one year following approval and shal be V considered void if not used within that period.° A t - APPEALS COMMISSION-MEETING;'OCTOBER'15;'1985 " ''`........... " ........ PAGE 10 Mr. Barna stated that if the variance was granted, it should go w h the property in the instance that there are at least two tenants on he property; but if there was to be only one tenant on the property, then a variance would be rescinded and it would revert back to 80 sq. ft. Mr. Brody stated he would agree with that stipulation. MOTION BY MR. BARNA, SECONDED BY MR. BETZOLD, TO CLO THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GL DECLARED THE PUBLIC HEARING CLOSED AT 8:40 P.M. Ms. Gabel stated the hardship was very clear at the petitioner needed a variance to have the signs there. She thouAt the request was very reasonable, and she had no reason to deny the varianc request. Mr. Barna stated there was /ne e rdship. He could see the need for the signs; but he would rece put on a limitation that an additional 20 sq, ft. per tenant be allong as there were at least two tenants in the building. At such athere would be only one tenant in the building, then the additionft. would 6e removed reverting back to 80 sq. ft. of signage. Pichas an 8G sq. ft. sign, but if Pickwick left, the new tenant replaciick would only be allowed 40 sq. ft., with the total combination nceed 80 sq. ft. MOTION BY MR. BARNA, SECO DED BY MR. BETZOLD, TO RECOMMEND TO CITY COUNCIL APPROVAL OF A VARIANCE QUEST PURSUANT TO CHAPTER 214 OF THF. FRIDLF.Y CITY CODE TO INCREASE THE IMUM SQUARE FOOTAGE OF A FREE STANDING SIGN FROM 8020 SQUARE FEET TO 1 S ARE FEET TO ALLOW THE PLACEMENT OF TWO (2) 20" X 1116" PANELS ON THE EXIS NG PYLON ON LOT 1, BLOCK 1, TARGET ADDITION, ANOKA COUNTY, THE SAME BEING 76 -769 53RD AVENUE N.E. WITH THE FOLLOWING STIPULATIONS: 1. THE AD TIONAL 40 SQ. FT. TO BE ALLOWED FOR TWO ADDITIONAL TENANTS AT 20 SQ. FT. PER TENANT, AS LONG AS THERE ARE TWO TENANTS IN THE BUI G. IF EITHER OF THE TWO TENANTS SHOULD MOVE OUT, THE SQUARE F AGE WILL BE REDUCED BY 20 SQ. FT. 2. E 80 SQ. FT. SIGN TO REMAIN FOR PICKWICK BOOK STORE. IF, FOR ANY ASON, PICKWICK BOOK STORE SHOULD MOVE, THE 80 SQ. FT. SIGNAGE FOR THE NEW TENANT WILL BE REDUCED TO 40 SQ. FT., MAKING THE TOTAL SQUARE FOOTAGE OF SIGNAGE, WITH A MAXIMUM OF TWO ADDITIONAL TENANTS, TO NOT EXCEED 80 SQ. FT. U ON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE MOTION ARgIED UNANIMOUSLY. 6. CONSIDERATION OF A VARIANCE.RE UEST.PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY 'CODE TO REDUCE.T E.'.SIDE'.-YARD.'. SETBACK.'.ON':A'CORNER.,.LOT..FROM :5..FT:.TO 5.7 FT. equest By Donald J. Lanar�y, 009/ ierce street N. E., Fricney, ME APPEALS COMMISSION MEETING;-OCTOBER,15; 1985 " � PAGE 11 MOTION BY MR. BETZOLD, SECONDED BY MR. BARNA, TO OPEN THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC HEARING OPEN AT 8:47 P.M. Chairperson Gabel read the Administrative Staff Report: ADMINISTRATIVE STAFF REPORT 6597 Pierce Street N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.07.3D.2c.1 requires that the side yard width on a street side of a corner lot shall not be less than seventeen and one-half (17.5) feet. Public purpose served by this requirement is to maintain a higher degree of traffic visibility and to reduce the "line of sight" encroachment into the neighbors front yard. B. STATED HARDSHIP: "1. We have a child with Neurofibronatosis, a disorder of the nervous system. This condition could be aggravated by extreme cold weather. Child must be brought to school, mother works necessitating a two - car attached garage to make sure the car starts in cold weather. "2. We feel it could improve the current aesthetic value in the neighborhood." C. ADMINISTRATIVE STAFF REVIEW: The petitioner wants to add 10.5 feet onto his existing 12 foot wide garage to make it a 22.5 foot, two -car garage. The boulevard width is 10 feet, therefore the proposed addition would be 15.7 feet from the curb. The house to the rear does not face the side street; it faces Channel Road. The petitioner does have room to construct a detached garage in the rear yard, however, then he would need to convert his existing attached garage to living area or obtain a special use permit for two garages. Mr. Clark stated the Commissioners had a picture of the property along with an aerial photo. He stated the petitioner could reduce the size of the garage down to something less than 22 ft. if the petitioner was willing to do so. However, there was not much room to compromise as two cars could not be parked in anything less than 20 ft. Mr. Landry stated that, for the reasons stated, they feel the attached garage would be better than placing the garage in the back. IF ". . APPEALS COMMISSION -MEETING; OCTOBER -15"1985 ... ......,....e MOTION BY MR. BARNA, SECONDED BY MR. PLEMEL, TO CLOSE THE UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE HEARING CLOSED AT 8:55 P.M. Mr. Barna stated he could definitely see the hardship. He was familiar with -''q Neurofibronatosis and sympathized with the parents. It does cause extreme discomfort in cold weather. He could understand why the petitioners wanted an attached garage rather than a detached garage because of the aggravation of cold weather to the child with -this disease. A detached garage in the rear yard would not be feasible because the garage would have to be in the middle of the yard. If the garage was attached to the east part of the house, they would lose all the windows to the rear of the house. He stated he would vote in favor of the variance. Mr. Plemel stated that since there was no neiqhborhood objection and because of the absence of traffic in this area, he would be in favor of granting the variance. Mr. Betzold stated he felt this was a personal hardship; it_has nothing to do with the statutory tests they were supposed to be following. He felt the problem they are going to face was that at some point down the line, there is going to be a very similar situation like this and because a neighbor objects, they will deny it on that basis. He felt they had "watered" any meaning out of the City Code based on a lot of personal considerations that have absolutely nothing to do with the property. He did agree that from a financial and personal stand- point, it did not make sense to put the garage in any other location. He would not oppose the variance, but he did have these concerns. Ms. Gabel stated that part of what Mr. Betzold stated was valid. But, the other thing the Commission was apprised of several years ago was that financial con- siderations were also hardships. She felt that asking people to literally take a part off their house and move it into another portion of the yard, aside from the fact that it was making people jump a lot of unnecessary bureaucratic hoops, she felt it was truly a financial hardship. She still felt very.strongly that in this climate, having a garage was a necessity. She was in favor of the variance. MOTION BY MR. PLEMEL, SECONDED BY MR.BARNA, TO APPROVE A VARIANCE REQUEST PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY CODE TO REDUCE THE SIDE YARD SETBACK ON A CORNER LOT FROM 17.5 FEET TO 5.7 FEET TO ALLOW THE CONSTRUCTION OF AN ATTACHED GARAGE ON LOT 14, BLOCK 1, DON'S 2ND ADDITION, THE SAME BEING 6597 PIERCE STREET N.E. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. 696523 Numerical Grantor _— Grantee Recorded_ Checked Margin Tr. Index` kE OF COUNTY RECORDE9 stAIINNESOTA, COUNTY OF ANOKA i h&-pby certify that the within instnH menBas Med in this office for record on th I JAN 3 1986 a;tfp I§Iock �0 M., and was duly recorded couary R fd81 l " BY