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VAR 07.76City of Fridley AT THE TOP OF THE TWINS ; ,�, • ______ COMMUNITY DEVELOPMENT DIV. r - PROTECTIVE INSPECTION SEC. 1 � � CITY HALL FRIDLEY 55432 612-560-3450 SUBJtcr APPLICATION TO BOARD CAT I ON OF APPEALS NUMBER 910-F23 REV. 1 DATE 3/21/75 PAGE .1 t OF 2 APPROVED BY 800 NameAddress ®BERT cI _ oo Phone s6o-$IS Legal Description Lot No. Block No. Tract or Addn. C RP' .L50 N - S u M Variance Request(s); including stated hardships (attach plat or survey of property showing building variances, etc.., were applicable) _, �''� �I� �+®yx �a�� ► U C £ -et bct�k. aL�®,� NJ e®Y,s = �Cfi�� ,0.r` . 13 1-13 Date Meeting Date 10e r Receipt No. Signature Comments & Recommendations by the Board of Appeals City Council Action and Date f City of 1 ridIey " AT THE TOP OF THE TWINS wBacr APPLICATION TO BOARD OF APPEALS r L(Staff • COMMUNITY DEVELOPMENT DIV. r PROTECTIVE INSPECTION SEC. 0-^--1 CITY HALL FRIDLEY 55432 612-560-3450 Report) NUMBERitEV. 910-F23 1 DATE 7 3/21/.5 PAGE OF 2 2 APPROVED BY 800 Staff Comments Board members notified of meeting by -'% List members, date notified, and "Yes" or "No" for plans to attend hearing. Plan Date To Attend Name Lae --- Pearson making appeal and the following property owners having property within 200 feet notified: By Whom Reserve Supply Co. -5110 Main Street N.E. Date Phone or Mail Notified Burlington Northern 176 E. 5th Street St. Paul Mn 55101 Mr. & Mrs. Thomas Vondrak-4880 2nd Street N.E. Mr. & Mrs. Jacob Kaluza-4868 2nd Street N.E. Mr. & Mrs. Carl Youngren-4856 2nd Street N.E. Mr. & Mrs. John Hartmann -4857 Main Street N.E. Mr. & Mrs. Leland Martin -4869 Main Street N.E. Mr. & Mrs. James Furlong -4881 Main Street N.E. Ms. Regina Markwood-137 49th Avenue N.E. Wilbur G. Robbins -125 49th Avenue N.E. Mr. & Mrs. Mark Peck -113 49th Avenue N.E. Mr. & Mrs. Richard Mangen-101 49th Ave. N.E. Mr. & Mrs. Robert Struif-100 Pilot Ave. N.E. ' Mr. & Mrs. Ralph Bennethum-112 Pilot Ave. N.E. Mr. & Mrs. Robert McMartin -124 Pilot Ave. N.E Mr. & Mrs. Stanley Niznick-136 Pilot Ave. NE. Mr. & Mrs. James Abraham -100 Gibraltar N.E. Mr. & Mrs. Charles Anderson -112 Gibraltar N.E. Mr. & Mrs. James McGill -124 Gibraltar N.E. Mr. & Mrs. Frank Pilarski-137 Pilot Ave., N.E. Mr_ A Mrc_ fluane Tvn-125 Pilot Ave_ N.E- Mr. David Shogren-113 Pilot Ave. N.E. Mr. & Mrs. Owen Seymour -101 Pilot Ave. N.E. Number 5 ADMINISTRATIVE STAFF REPORT 100 Pilot Avenue N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.053, 4A, front yard setback of 35 feet. Public purpose served by the section of the Code is to allow for off-street parking without encroaching on the public right of way. Also the aesthetic consideration of the neighborhood to reduce the "building line of sighe" encroachment into the neighbor's front yard. B. STATED HARDSHIP: A six foot drop into the back yard would prohibit construction of a detached garage. Request variance to front yard setback to construct an 18' x 24' attached garage. C. ADMINISTRATIVE STAFF REPORT: This house was built as part of a "staggered setback" arrangement around 1955, before any ordinances were in effect. The requested garage addition would be approximately 5 feet from the adjacent property line. Considering the severity of grade change on this lot and the staggered setbacks of houses in this area, Staff feels that this is a valid request. OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE APPEALS COMMISSION TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN THAT the Appeals Commission of the City of Fridley will meet in the Council Chamber of the City Hall at 6431 University Avenue Northeast on Tuesday, July 13, 1976 at 7:30 P.M. to consider the following matter: A request for a variance of Section 205.053, 4A, Fridley City Code, to reduce the required front yard setback from 35 feet to 24.6 feet, to allow the construction of a 18 ft. by 24 ft. attached garage to an existing non -conforming structure located on Lot 9, Block 1, Carlson's Summit Manor South Addition, the same being 100 Pilot Avenue N.E., Fridley, Minnesota. (Request by Robert C. Struif, 100 Pilot Avenue N.E., Fridley, Minnesota 55421.) . Anyone who desires to be heard with reference to the above matter will be heard at this meeting. VIRGINIA SCHNABEL CHAIRWOMAN APPEALS COMMISSION Note: The Appeals Commission will have the final action on this request, unless there are objections from surrounding neighbors, the City Staff, or the petitioner does not agree with the Commission's decision. If any of these events occur, the request will continue to the City Council through the Planning Commission with only a recommendation from the Appeals Commission. OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE APPEALS COMMISSION TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN THAT the Appeals Commission of the City of Fridley will meet in the Council Chamber of the City Hall at 6431 University Avenue Northeast on Tuesday, July 13, 1976 at 7:30 P.M. to consider the following matter: A request for a variance of Section 205.053, 4A, Fridley City Code, to reduce the required front yard setback from 35 feet to 24.6 feet, to allow the construction of a 18 ft. by 24 ft. attached garage to an existing non -conforming structure located on Lot 9, Block 1, Carlson's Summit Manor South Addition, the same being 100 Pilot Avenue N.E., Fridley, Minnesota. (Request by Robert C. Struif, 100 Pilot Avenue N.E., Fridley, Minnesota 55421.) . Anyone who desires to be heard with reference to the above matter will be heard at this meeting. VIRGINIA SCHNABEL CHAIRWOMAN APPEALS COMMISSION Note: The Appeals Commission will have the final action on this request, unless there are objections from surrounding neighbors, the City Staff, or the petitioner does not agree with the Commission's decision. If any of these events occur, the request will continue to the City Council through the Planning Commission with only a recommendation from the Appeals Commission. -�e--�a^..�t'"'+�R"*'*. _. ,� :.,.;_,v •,�•.., .,vim. _ - - •^^q„-<7r.•.+,e-P _ —:-s a SCALE- r-50' 4p, PILOT* AVENUE 1 55 71 ; ur 112 N � �!:�_ t0.2 75 ;P;" N N N 124 O �y� 75 ; h7 N N 136 O �JIF Z0.2 .75 �a)- v 148 N .tbB.� 40.2 ! 73 it!172 160 N � of i ' 75+ iI ��� y �I No d0•y, 1 I I 5. B5.'27 ; I ft i A 47 'D 0 + 11 1 100 1_ _ `- S : -- IO a 9 — p--- ��10 G� ---75--- II -- 5 — -- — 12 - Orlinajo and W i 7 13 wts Eassmet —75-- 14 15 jl —75-- 16 �. 7 _-- g 7 6 5 4 1 - IO i j2t w 44.2 is I2S F2.t -�l-f 13T 1�q 40.2 -- cc« 149 * F2Z _µo_- A 161 40.4u.� 173 A ----- 165 N-- t: II3 01 �J._ --- 1 t, 0� I ry iei-• 1, fl 1 5o 73 7S 76 70 7S 75 6051 1 49th. AVENUE jU N.E. . �.g I heraby certif;• that tia. nbuve is a survty•of oty fte (1) throac.h ixteen (lu), H1ock'Ona (1). JiEI:,G '_ [".+1T h:itl0i :.CU3i ALCITIt;:, Anoka County. �inoeeotra, showi.1g the location of the houses on -Lid lots. As surveyed by we this 25th day of Karob 1955 A. D. • Panna:4ota Fiacistration ho.25M r E. - 1=1 FRIDLEY APPEALS COMMISSION MEETING OF JULY 139 1976 PAGE 8 9 INr'ORMATION SIGN TO BE ADDED TO AN EXISTING 96 SQUARE FOOT SIZE, LOCATED ON THE SOUTH 204 FEET OF THE EASTERLY 200 FEET OF LOT 39 BLOCK 22 EAST RANCH ESTATES SECOND ADDITION, THE SAME BEING 7730 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA. (Request by the Town Crier Pancake House, 7730 University Avenue N.E., Fridley, Minnesota, 55432). Chairperson Gabel stated that since the petitioner was not present, they could not act on this request. MOT10N by Kemper, seconded by Barna, to table this item until the next scheduled meeting of the Appeals Commission. Upon a voice vote, all voting aye, the motion carried unanimously. 5. A REQUEST FOn A VARIANCE OF SECTION 205.053, 41 A, FRIDLEY CITY CODE, TO REDUCE THE REQUIRED FRONT YARD SETBACK FRUM 35 FEET TO 24.6 FEET, TO ALLOW THE CONSTRUCTION OF AN 18 FT. BY 24 FT. ATTACHED GARAGE TO AN EXISTING NON-CUNFORMING STRUCTURE, LOUATED ON LOT 92 BLOCK 11 CARLSON'S SUMMIT MkS OR SUUTH ADDITION, THE SAmE BEING 100 PILOT AVENUE N.E., FRIDLEY, MINNESOTA. (Request by Robert C. Struif, 100 Pilot. Avenue N.E., Fridley, Minnesota, 55421). MOTION by Kemper, seconded by Barna, to open the public hearing. Upon a voice vote, all voting aye, the motion carried unanimously. ADMINISTRATIVE STAFF REPORT A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.053, 4A, front yard setback of 35 feet. Public purpose served by the section of the Code is to allow for off- street parking without encroaching on the public right of way. Also the aesthetic consideration of the neighborhood to reduce the "building line of sight" encroachment into the neighbor's front yard. B. STATED HARDSHIP: A six foot drop into the back yard would prohibit construction of a detached garage. Request variance to front yard setback • to construct an 18! X 24' attached garage. C. ADMINISTRATIVE STAFF REPORT: This house was built as part of a "staggered setback" arrangement around 1955s before any ordinances were in effect. The requested garage addition would be approximately 5 feet from the adjacent property line. Considering the severity of grade change on this lot and the staggered setbacks of houses in this area, Staff feels that this is a valid request. Mr. Robert Struif was at the meeting to present his request. He stated that he wanted to put a garage up, and due to the extreme drop-off where the house was built it would be almost impossible to put in a detached garage in back. He said, however, that his neighbor had just done that, and even though his drop wasn't as steep as Mr. Struif's, they had gotten stuck there once already. Mr. Kemper asked if he was now parking beside the house in the area he was proposing for a garage, and Mr. Struif replied he was. Mr. Kemper asked if he was planning on building an 18' addition on the side of his house, and Mr. Struif answered that was correct. FRIDLEY APPEALS COMMISSION MEETING Or JULY 13, 1976 PAVE 7 a she wished the other petitioner was present. Mr. Holden said he hadn't heard from the other owners, but at the last meeting they said they might be on vaca- tion for six weeks and may not be able to attend. Mr. Barna stated that the city looked at this as one problem, and Mr. Kemper said he agreed. Mr. Kemper added that if they had to make a decision, he would be in favor of it. MOTION by Kemper, seconded by barna, to recommend to Council approval of the requests for variances to allow off-street parking in front of the existing 4-Plexes at both 380 and 390 57th Place N.E., Fridley, with the following provisions.- 1. rovisions: 1. That the stipulations contained in Mr. Colbert's memo of July 9, 1976, be incorporated. 2. That the parking area that would be permitted under this variance be defined by permanent curbing acceptable to the Staff. 3. The surface of this area be paved with covering adceptable to Staff (hard surface). 4. The owners both continue to make arrangements for private snow plowing services. 5. Council is reminded that this variance does incur an encroachment of 10.5 feet of city property. Mr. Kemper stated that he felt the only alternative to this would be distasteful construction with a lot of black top in back of this building, and that would be the worsts of two evils. UPON A VOICE VOTE, Kemper and Barna voting aye, Gabel voting nay, the motion carried 2 - 1. Chairperson Gabel said that while it isn't practical to do so, she saw these as two individual items. She stated she approved granting the variance for 380, but not 390. She explained to Mrs. Johnson that this would go before the City Council on July 26th. 3. REQUEST FOR A VARIANCE OF SECTION 205.075, 1, (E,l) FRIDLEY CITY CODE, TO ALLOW TENANT AND GUEST OFF-STREET PARKING IN THE FRONT YARD OF AN EXISTINU 4-PLEX, ZUNED R-3 (GENERAL MULTIPLE FAMILY DWELLINGS), LOCATED ON LOT 13 BLOCK 12 AUS ADDITION, THE SAME BEINu 106 - 77TH WAY N.E., FRIDLEY, MINNES- OTA. (Request by Paul Burkholder, 7860 Alden Way N.E., Fridley, Minnesota 55432). Mr. Holden stated that Mr. Burkholder had called and asked that this item be postponed until the next meeting of the Appeals Commission. 4. REQUEST FUh A VARIANCE OF SECTION 214.053, 2, FRIDLEY CITY CODE, TU RAISE THE 100 SQUARE FEET MAXIMUM SIZE OF A FREE STANDING SIGN IN C -2S ZONING (GENERAL SHOPPING AREAS), TO 108 SQUARE F'EET, TO ALLOW A 12 SQUARE FOOT `YRIDLEY APPEALS COMMISSION MEETI14G OF JULY 13, 1976 PAGE 9 Mr. Struif said that his neighbor was a bit concerned about what he was going to do with the snow, but said that in the past it hadn't been a big problem. Chairperson Gabel stated that the;Appeals Commission could make final approval on this item if there were no objections from neighbors, and asked Mr. Holden if Mr. Struif's neighbor had been notified. Mr. Holden replied he had. Chairperson Gabel said it should be noted,on the record that there are four houses on Mr. Struif's block that met the code, and four houses that were not set all the way back. -She noted that the neighbor next to him had a 29.7' setback. Mrs. Gabel commented that a six foot drop would require a lot of fill. Mr. Struif stated he had four contractors look at it, and one said there was no problem at all, but he felt he was saying that just to get a job. He said another contractor said he wouldn't build it out in back, and two said they would. Mrs. Gabel asked if they would lose both windows on the side of their house, and Mr. Struif said they would lose the living room window and the attic window would be made smaller. He added that the attached garage could be set back to save the windows, but it would cost an additional $800. Mr. Kemper wondered if it was wise not to spend the $800 as he felt they would be losing something by not setting it back. Mr. Barna asked if they had gotten a cost estimate on a flat roof on the garage, and Mr. Struif replied they hadn't as he heard there was a problem with snow removal and his wife didn't like the looks of it. Mr. Kemper made a sketch of the original plan the Struifs wanted to follow (having the garage set back) and the one they were planning now (even with the house), and asked if that was really what they wanted to do. Mr. Struif replied that the cost was starting to rise, and that was a major consideration. Mr. Holden commented that the drop off from the back of the house to the back lot line was about 10', and Mr. Barna said that there was no way he could put a garage in the back and get out in the winter time. Mrs. Struif commented that they also didn't want that long driveway to shovel. Mr. Kemper stated that with an attached garage, he believed the hardship in this case was the $800. Mr. Holden said if it was built with the setback a variance wouldn't be needed. Mr. Kemper said his only concern was that Mr. Struif might be a little short-sighted on resale value of the home as he would be creating a longer box. Mrs. Gabel said the variance could be granted as it is, and Mr. Struif could go less, but not more. Mr. Kemper told Mr. Struif that if this was granted, he would hope Mr. Struif would talk to enough contractors and convince himself he would really be saving the amount of money he thought he was going to save by going this way. He said the only difference would be the amount of blocks that would be stacked up. MOTiON by Barna, seconded by Kemper, to close the public hearing. Upon a voice vote, all voting aye, the motion carried unanimously. MOTION by Barna, seconded by Kemper, to grant the request for variance. Upon a voice vote, all voting aye, the motion carried unanimously. FRIDLzY APPEALS COMMISSION MEETING OF JULY 13, 1976 ADJOUR14IMST: PAGE 10 . - MOTION by barna, seconded by Kemper, to adjourn the Appeals Commission meeting Of July 13, 1976 at 9:16 P.M. Upon a voice vote, all voting aye, the motion carried. Mr. Barna brought the Commission up to date on the progress of the Youth Center, and offered his assistance and support. Chairperson Gabel said it should be noted that Mr. Barna has offered his expertise and assistance in helping the Youth Center, and suggested he talk with Mr. Storla and some of the City Council people. She asked where the Center would be located, and Mr. Barna told her it would be in the pump house by the ice arena. He stated that while it was not a large area, it was immediately available space and would not cause any conflicts with the existing uses of the City Hall. Mr. Kemper stated that there was one item he would like to bring up, and asked what sort of follow-up system the city had to make sure stipulations on variances were adhered to. He stated that the Appeals Commission routinely approves requests for variances with stipulations attached to them, and never heats of them again unless an effort is specifically made to find out how a particular project went and if it conformed to stipulations. Mr. Holden stated that they were handled routinely through the normal enforcement of the codes. Mr. Kemper said the reason he asked was because of the greenhouse, which turned out to be a commercial venture., -and was wondering .if there were adequate safeguards to ensure the stipulations were adhered to. Mr. Holden said that he felt there were adequate safeguards, but he understood Mr. Kemper's feeling that something might be overlooked. He stated that routinely, as with the variance that was approved at this meeting, the stipulations would be part of the provisions on the building permit. Chairperson Gabel asked if there was some way the members of the Appeals Commission could routinely get a memo as to what the Council does on the things that this Commission sends to them. Mr. Holden said they could ask for a summary of the discussions that apply to the Board of Appeals along with the Council's decisions. Mrs. Mabel asked if he could see that was done, and Mr. Holden replied he would. She suggested that this be put in the form of a motion, but added that the meeting would have to be reopened again. MOTION by Barna, seconded by Kemper, to reopen the Appeals Commission meeting of July 13, 1916 at 9:30 P.M. Upon a voice vote, all voting aye, the motion carried unanimously. MOTION by Kemper, seconded by Barna, that Staff be directed to provide copies of those portions of the City Council meeting minutes that apply to the Board of Appeals! decisions. Upon a voice vote, all voting aye, the motion carried unanimously. Air. Kemper asked if all the material the members of the Appeals Commission received, including agendas, staff reports, Council meeting minutes, etc., could be put into one large mailing once every two weeks. Mr. Barna said he agreed,