VAR 07.76City of Fridley
AT THE TOP OF THE TWINS
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• ______ COMMUNITY DEVELOPMENT DIV.
r - PROTECTIVE INSPECTION SEC.
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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
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OF
2
APPROVED BY
800
NameAddress
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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)
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Date
Meeting Date
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Receipt No.
Signature
Comments & Recommendations by
the Board of Appeals
City Council Action and Date
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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.
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49th. AVENUE jU N.E. .
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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.
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Panna:4ota Fiacistration ho.25M
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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,