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VAR 89-06COMMISSION APPLICATION REVIEW FILE NUMBER FILE DATE MEETING DATE FILE DESCRIPTION VAR #89-06 UTYOF 16 4-19-89 5-9-89 6701 Quincy St. N.E. FRIDLEY COMPLETE REVIEW CHECKLIST AND RETURN TO PLANNING DEPT. El BARB D. COMMENTS AAIGHELE M. ,aru 4:2i-959 MARK JOHN F. �Ar l*RREL G. CLYDE M. � ff�IEON M. sB JIIU H. s� Ej/BQB A. P,,L L■ �jGLFLrG��' / Y6'w� •i.-'�-f n y 4' .-.. L�.w s'":, .�;„�� w p`$y?91. �,s :�. ""71,..®�.�'k�4 �'®4-�o'.i J$'J '.n'p - 7.Y ��➢ . 1 40110 CITY OF FRIDLEY ® 6431 UNIVERSITY AVE E. FRIDLEY, MN 55432 (612) 571-3450 PROPERTY INFORMATION VARIAN REOUEST FORM VARIANCE # VARIANCE FE RECEIPT # 30;140 SCHEDULED APPEALS MEETING DATE PROPERTY ADDRESS 6701 Quincy St' NE. Fridley LEGAL DESCRIPTION: LOT 12 BLOCK 5 TRACT/ADDITION Brookview Terrace PRESENT ZONING Residential VARIANCE REQUEST(S): Attach a plat or survey of the property showing building, variance(s), where applicable. See attached letter Section of the Code: List specific hardship(s) which require the variance(s): �� ;��*�s��aaau��a�aa�aa�e��a��a�a�**e�*��t��t��f�t�sat�t��t�ts�t��to#��t�•*� FEE OWNER INFORMATION NAME (please print) George & Linda Colatrom PHONE 571-6580 ADDRESS 6701 QuincySt NE SIGNATURE DATE 4-19-89 Note to PETITIONER INFORMATION NAME (please print) George,' & Linda Colstrom PHONE 571-6580 ADDRESS 6701,1 SIGNATURE St NE APPEALS COMMISSION: APPROVED DENIED DATE CITY COUNCIL: APPROVED DENIED DATE STIPULATIONS: r l The petitioner hereby understands that: 1. The City will notify all residents and owners of property within 200 feet of said property. 2. This application must be signed by all owners of the property, or an explanation given why this is not the case. 3. Materaial for submission of a variance include: * Scaled plan showing proposed property and/or buildings if applicable. Three full suzed copies and legible 8 1/2"-x 11"'reduction. Scaled preliminary (or final) landscape 'plan showing location of existing vegetation to be saved and locations of new plant material. Species, species name (common or botanical), and condition of root (i.e. bared, balled and burlapped, etc). Three full size copies and legible 8 1/2" x .1.1" reduction. Scaled preliminary (or final) grading and drainage plan showing. existing and propoed contours, detention/retention ponds, drainage swales, weirs, weir details, and run off quantities. Three full size copies and legible 8 1/2" x 11" reduction. * Floor plans, full size and 8 1/2".x 11" reduction. Building elevations, full size and 8 1/2" x 1.1" reduction. * Perspective shwoing how the proposal potentially looks in.the surrounding area; full size and 8 1/2" x 11" reduction. We have no problem with the neighbors at 6701 Quincy St. NE Fridley putting on a room addition. NAME ADDRESS r 9 z Coval VtVIVUUW °� � b 6,1 Al DA E q-1 �— 4-194 q>> 91 10J George & Linda Colstrom 6701 Quincy St NE. Fridley, Mn April 19,1989 I need your help with this variance. For the best use of our back- yard we would like to keep the addition to one side of the lot. We do not have a very large lot, only 100Ft. with a 35Ft. set back plus the house, makes the backyard seem even shorter. Talking with the Inspection Department we were told that the addition cannot cover the kitchen window in the back. So this only allows us to go straight back from the house. With our growing family and my Mother will be staying with us (Age 79). The size of this addition is very much needed. All the neighbors surrounding us have signed a statement saying that they have no objections to our addition. To highlite this statement. 1. Small backyard 2. Best use of yard, to keep addition to one side. 3.Will be 17Ft. away from back lot line 4. Can't cover kitchen window 5. Probably best layout for resale of house 6. Most of all for the reason of having my Mother living with us. tailing Date: 4/28/89 MAILING LIST FOR VAR #89-06 6701 Quincy Street N.E-. City Council Members Joseph Novitsky Daniel Arnold 6721 Mmroe Street N.E. 6731 Quincy Street N.E. City Manager Fridley, MDT 55432 Fridley, My 55432 Alex Barna, Chairperson Appeals Camnission Doris Barn@s Robert Aanestad 560 Hugo Street N.E. 6640 Jackson Street N.E. 6721 Quincy Street N.E. Fridley, MDT Fridley, MV 55432 Fridley, MDT 55432 George and Linda Colstrom 6701 Quincy Street N.E. 6650v JacFarkson Arvid Krogsveen Fridley, MDT 55432 6650 Jackson Street N.E. 6711 Quincy Street N.E. Fridley, MQ 55432 Fridley, MV 55432 Michael Young David Miller Francis Casey 6730 Quincy Street N.E. 6700 Jackson Street N.E. 740 - 67th Avenue N.E. Fridley, MA 55432 Fridley, MDT 55432 Fridley, M 55432 Albert Narog Gordon Bennett Irvin Peter 6720 Quincy Street N.E. 6710 Jackson Street N.E. 730 - 67th Avenue N.E. Fridley, MJ 55432 Fridley, MQ 55432 Fridley, MV' 55432 Charles Lixidsay Roger Okerstran Janes Kosse 6710 Quincy Street N.E. 6720 Jackson Street N.E. Fridley, MDT 55432 720 - 67th Avenue N.E. Fridley, MDT ,55432 Fridley, MV 55432 Richard Welshons Kenneth Steies 6700 Quincy Street N.E. Ron'al'd Matson Fridley, eet 6730 Jackson Street N.E. 710 - 67th Avenue N.E. Fridley, MQ 55432 Fridley, MV 55432 Theodore Kranz Stanley wozny Bryan Daniels 6701 Monroe Street N.E. 6740 Jackson Street N.E. Fridley, MDT 55432 6568 Clover Place N.E. Fridley, MV 55432 Fridley, My 55432 Bud Shore Charles Babcock John Atkinson 6711 Monroe Street N.E. 6741 Quincy Street N.E. 6578 Clover Place N.E. Fridley, MQ 55432 Fridley, MQ 55432 Fridley, MV 55432 Mailing List - page 2 VAR #89-06 6701 Quincy Street N.E. Harold Stolle 6588 Clover Place N.E. Fridley, MN 55432 Clement Neuerburg 6598 Cover Place N.E. Fridley, M 55432 Gerald Drangeid 6651 Jackson Street N.E. Fridley, M 55432 Milton Reiten 6701 Jackson Street N.E.; Fridley, MQ 55432 Mblvin Hill 6709 Jackson Street N.E. Fridley, M 55432 Edward Blilie 6719 Jackson Street N.E. Fridley, MN 55432 Steven Holter 6729 Jackson Street N.E. Fridley, MV 55432 PUBLIC HEARING BEFORE THE APPEALS COMMISSION Notice is hereby given that the Appeals Commission of the City of Fridley will conduct a Public Hearing at the Community Education Center at 6085 Seventh Street N.E. on Tuesday, May 9, 1989, at 7:30 p.m. for the purpose of: Consideration of a variance request, VAR #89- 06, by George and Linda Colstrom, pursuant to Section 205.07.03.D.(3).(a) of the Fridley City Code to reduce the rear yard setback from 25 feet to 17 feet to allow the construction of an addition on Lot 12, Block 5, Brookview Terrace, the same being 6701 Quincy Street N.E., Fridley, Minnesota, 55432. Any and all persons desiring to be heard shall be given the opportunity at the above stated time and place. ALEX BARNA CHAIRPERSON 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. Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. APPEALS COMMISSION MEETING. MAY 9. 1989 PAGE 3 Ms. Savage stated in lookingNgt the property, these are beautiful houses, but the area seemed ite crowded. She would be more comfortable tabling this ite until the petitioner could be present. OM TION by Mr. Sherek, seconded b Ms. Savage, to table Variance Request, VAR #89-05, by William E.arlson and Carroll A. Brennan, until the May 23, 1989, meeting. UPON A VOICE VOTE, ALL VOTING AYE, MOTION CARRIED UNANIMOUSLY. BARNA DECLARED THE 2. CONSIDERATION OF A VARIANCE REQUEST VAR #89-06. BY GEORGE AND LINDA COLSTROM• Pursuant to Section 205.07.03.D(3)(a) of the Fridley City Code to reduce the rear yard setback from 25 feet to 17 feet to allow the construction of an addition on Lot 12, Block 5, Brookview Terrace, the same being 6701 Quincy Street N.E. MOTION by Ms. Savage, seconded by Mr. Sherek, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BARNA DECLARED THE PUBLIC HEARING OPEN AT 7:50 P.M. Ms. McPherson stated this property is located in an R-1 Single Family Residential District and is surrounded on all sides by R-1. Currently on the site is the house, a two car garage, and a gazebo. The petitioners are proposing to build a 14 ft. by 22 ft. addition would encroach into the rear yard setback. According to the Building Inspector, the addition must not cover the existing kitchen window. Ms. McPherson stated staff is recommending the Appeals Commission deny the variance on the basis that the addition does reduce the separation between buildings and the amount of available green space in the back yard. The neighbor to the east does not have any additions on the site. If there was an addition to the east, it would reduce the space from 50 feet to 42 feet. Ms. McPherson stated staff is recommending the petitioner consider constructing a smaller addition (14 ft. by 14 ft.) which would meet code and still have fairly ample size for use as a family room. Mr. Kuechle stated he did not understand why the petitioner is not allowed to close off the kitchen window. Ms. McPherson stated it is a Building Code requirement. APPEALS COMMISSION MEETING, MAY 9, 1989 PAGE 4 Mr. Colstrom stated he had reviewed the plans with both Darrel Clark, the Building Inspector, and Bill Sandin, the Heating Inspector. At that time, Mr. Clark advised him not to cover the kitchen window. Also, Mr. Clark told him that because he is building close to the garage, the inside wall of the garage would have to be fire rated sheetrock. He stated he has done that already. Also, anticipating a future expansion to the south, he has also removed all the windows and doors along the north side of the garage. Other than these things, Mr. Clark seemed in agreement with the building plans. Mr. Colstrom stated he cannot live with the 14 ft. by 14 ft. size addition being recommended by staff. That is about the size of a bedroom. Mr. Kuechle stated he had difficulty with the idea that the kitchen window cannot be closed off. If the kitchen window could be covered, it would provide a viable. alternative of turning the addition around and placing it along the kitchen. It would then not be necessary to extend so much into the rear yard. Mr. Colstrom stated he has just finished remodeling the kitchen, so that alternative layout would not be practical now. One of the reasons the addition is pulled to the one side toward the garage is because he wanted to put a window in the jog so he can look from the addition into the driveway and also to get the evening sun and natural breezes into the family room. The length of the family room would not be deeper than the actual garage itself. The garage is 17 feet from the rear lot line. Mr. Colstrom stated he has statements from his surrounding neighbors, including the neighbor behind him, stating they do not have any problems with this addition. Ms. Savage asked about the possibility of reducing the size of the addition. Ms. Linda Colstrom stated a 14 ft. by 14 ft. addition is just too small. Mr. Colstrom stated the addition would be more of a universal type room than just a family room, and a room for his mother when she stays with them which he had listed as part of his hardship. Also stated in his hardship is how he has worked to keep the addition to one side of the lot, trying to group the buildings together, rather than using up all the back yard. The back yard is still a pretty good size even though it looks small. There are plenty of trees and flowers. Mr. Colstrom stated he has lived in Fridley for 16 years and plans to live here for a long time. His children are growing, and he APPEALS COMMISSION MEETING, MAY 9, 1989 PAGE 5 needs the additional space for them as well as for his mother who will be living with them. Mr. Barna stated the Commission needs a definite hardship which makes this situation unique. Mr. Colstrom stated the building aspect is to make the maximum use of the lot by putting the addition to one side of the lot. He also has to rework his plans to. keep the addition from blocking the kitchen window. The house would have a better resale value with an addition than with just three bedrooms. And, he needs more living space for his mother. She will need a separate room to be by herself. Mr. Sherek stated on one hand, there is the need for more space, but on the other hand, there are restrictions set up in the Code. The hardship the Commission has to look for is what does the petitioner need to do that is restricted by this piece of property that cannot be accomplished in another way. There is the problem with the kitchen window. He stated he really did not like the plan as laid out, and he felt the Commission is missing some information of why the addition cannot cover the kitchen window. Mr. Kuechle stated he had never heard about an egress out of a kitchen window, so he had some difficulty with that restriction. If the kitchen window could be closed off, there was no need for a variance. Mr. Colstrom stated he just remodeled the kitchen and kitchen cabinets to go around the window and the sink area. Ms. Dacy stated she was in the office when Mr. Clark told the petitioner he could not cover the kitchen window. She apologized that staff did not have a specific answer to this question, but she was sure that it is a Building Code requirement. If the Commission wished to have that information before acting on this variance, they could table the item until the next meeting. Mr. Colstrom stated he is only asking for the Commission to be fair with him. There are other additions throughout the Fridley area that are closer to the rear lot line than he is requesting. In fact, one block away, there is a 16 ft. by 20 ft. addition that is only 9 feet from the rear lot line. Mr. Barna stated he also did not like the layout of the proposed plan. He did not like the offset. He would be more comfortable if the addition was flipped and extended along the side of the house. APPEALS COMMISSION MEETING, MAY 9. 1989 __ PAGE 6 Mr. Colstrom stated he definitely wants the offset to catch the afternoon sun and cool breezes in the summertime. He stated he would agree to reducing the addition to 14 ft. by 20 ft. Ms. Savage stated her main concern is the variance, because she did not think that under the law, the petitioner has established a valid hardship. She sympathized that the petitioners need more space, but that is not a hardship. Unfortunately, the Commission is restricted to following the law. Mr. Barna stated he definitely felt the hardship is the Building Code requirement of not being able to cover the kitchen window. Mr. Colstrom stated 'he reviewed all his plans with Darrel Clark, because he wanted to make sure this was a "go" before he got further into this and before he got any commitments from contractors. To his surprise, when his contractor came in to pick up the building permit, he was told a variance was needed. Mr. Colstrom stated he is really between two spots right now, and he hoped the Commission would help him out with this variance. Ms. Kathy Phillips, a realtor with Merrill Lynch (in attendance for item 3, VAR #89-07, by Cheryl Stinski), stated she has been in real estate for 15 years. She stated kitchens without windows are very difficult resale situations. People like to have natural light into their kitchens. Also, the addition as proposed by the petitioner is better from a resale point of view because there is more usable space in the back yard. MOTION by Mr. Sherek, seconded by Ms. Savage, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BARNA DECLARED THE PUBLIC BEARING CLOSED AT 8:30 P.M. Mr. Sherek stated that after hearing the statement by Ms. Phillips that the resale value of the house is better with the addition as proposed by the petitioner, he would vote in favor of approving the variance. Mr. Kuechle stated he still had the problem of closing off the kitchen window, because there are some alternatives with the addition turned the other way. Ms. Savage stated she has to vote against the variance, because of the size of the addition, and because that under the law, the Commission can only grant a variance when the strict enforcement of the Code would cause undue hardship because of circumstances unique to the individual property under consideration and when such actions would be in keeping with the spirit of the code and intent of the ordinance. She did not think there was a hardship under APPEALS COMMISSION MEETING. MAY 9, 1989 PAGE 7 this particular law. Obviously, the smaller addition would be within code, but she did feel the encroachment as proposed would definitely reduce the green space. Mr. Barna stated he would be in favor of granting the variance because the resale value of the house is better with the addition as proposed, and he found the hardship to be the requirement of not being able to close off the kitchen window. MOTION by Mr. Sherek to approve variance request, VAR #89-06, by George and Linda Colstrom. MOTION DIED FOR LACK OF A SECOND. MOTION by Ms. Savage, seconded by Mr. Kuechle, to deny variance request, VAR #89-06, by George and Linda Colstrom, pursuant to Section 205.07.03.D(3)(a) of the Fridley City Code to reduce the rear yard setback from 25 feet to 17 feet to allow the construction of an addition on Lot 12, Block 5, Brookview Terrace, the same being 6701 Quincy Street N.E. UPON A VOICE VOTES SAVAGE AND KUECHLE VOTING AYE,, BARNA AND SHERER VOTING NAY$ CHAIRPERSON BARNA DECLARED THE MOTION FAILED BY A TIE VOTE. Mr. Kuechle stated he would like to see more of the alternative of turning the addition around to allow the addition without a variance, and he was unhappy that the Commissioners did not have the rationale for doing that because of the kitchen window. Ms. Dacy stated this item will go to City Council on June 5. Ms. Dacy stated staff will update the Commission at the next meeting on the reason for the requirement of leaving the kitchen window open. 3. CONSIDERATION OF VARIANCES, VAR #89-07, BY CHERYL STINSKI: Pursuant to Section 20.16.04 of the Fridley City Code to increase the height of a ilding from 45 feet to 52 feet; and pursuant to Section 205.1 .05.D(5) of the Fridley City Code to reduce the distance fr the hard surface area to the building from 5 feet to 1 or feet to allow the construction of an office building locate on Lot 1, Block 1, Hillwind Addition, the same being 941 illwind Road, and on Lot 3, Auditor's Subdivision No. 25, a same being 1001 Hillwind Road. MOTION by Mr. Kuechle, seconded by Ms. S vage, to open the public hearing. 'CANNING DNIN , MEMORANDUM WDY% DATE: May 18, 1989 TO: Appeals Commission FROM: Barbara Dacy SUBJECT: Building Code Requirements Pertaining to Windows in Habitable Rooms At the May 9, 1989, Appeals Commission meeting, the Commission requested more information about the Building Code requirement for enclosing a kitchen window in reference to the variance, VAR #89- 06, by George and Linda Colstrom. Attached for your information is a memo from Darrel Clark, Chief Building Official, outlining the building code requirements for these situations. Mr. Colstrom is reviewing this information and may revise the building plans. We will keep you apprised of the status of this case. BD:ls M-89-240 LI MEMO TO: barb ac�y,�Planning Coordinator MEMO FROM: Darre �, Chief Building Official MEMO DATE: May 18, 1989 SUBJECT: Light & Ventilation in Habitable Rooms Per Section 1305.3600 State Building Code Amending Section 1205 UBC Attached herewith are the appropriate building code requirements. as they pertain to windows in habitable rooms. All rooms must have natural light and ventilation. The required light is 8% of the floor area; the required ventilation is 4% of the floor area. In lieu of the required windows, a mechanical ventilation system providing at least two air changes per hour may be installed. The following are two other ways a substitute may be used for light and ventilation in all rooms except bedrooms: 1. For the purpose of determining light and ventilation requirements, any room may be considered as a portion of an adjoining room when one-half of the area of the common wall is open and unobstructed and provides an opening of not less than one-tenth of the floor area of the interior room or 25 square feet, whichever is greater. 2. Required exterior openings for natural light and ventilation shall open directly onto a street or public alley or a yard or court located on the same lot as the building. EXCEPTION: Required windows may open into a roofed porch where the porch: A. abuts a street, yard, or court; and B. has a ceiling height of not less than seven feet; and C. has the longer side at least 65 percent open and unobstructed by screws or windows. DGC/mh Attach: Section 1305.3600 State Building Code units must be operable from the inside to a full clear opening without the use of separate tools. Where windows are provided as a means of egress or rescue they must have a sill height of not more than 48 inches above the floor. All egress or rescue windows from sleeping rooms must have a minimum net clear opening of 5.7 square feet. The minimum net clear opening height dimension must be 24 inches. The minimum net clear opening width dimension must be 20 inches. MS s 16B.59 to 16B.73 1305.3400 SECTION 1201. UBC Section 1201 Group R Division 1 occupancy definition is amended to read as follows: Division 1. Hotels and apartment houses. Convents and monasteries (each accommodating more than ten persons), supervised living facilities Class A-2 as defined in Section 420 for the mentally retarded, mentally ill, chemically dependent, and the physically handicapped (each accommodating more than six persons). Physically handicapped persons shall be housed at. street level in supervised living facilities. UBC Section 1201 Group R, Division 3 is amended to read as follows: UBC Section 1201, Division 3. Dwellings and lodging houses, supervised living facilities Class A-1 as defined in Section 420. For occupancy separations, see Table No. 5-B. MS s 16B.59 to 16B.73 1305.3500 [Repealed, 11 SR 14051 1305.3600•SECTION 1205. UBC Section 1205 is amended to read as follows: Section 1205. (a) Light and Ventilation. All guest rooms, dormitories, and habitable rooms within a dwelling unit shall be provided with natural light by means of exterior glazed openings with an area not less than eight percent of the floor area of such rooms with a minimum of eight square feet. All bathrooms, water closet compartments, laundry rooms, and similar rooms shall be provided with natural ventilation by means of openable exterior openings with an area not less than 1/20 of the floor area of such rooms with a minimum of 1-1/2 square feet. All guest rooms, dormitories, and habitable rooms within a dwelling unit shall beprovided with natural ventilation by means of openable exterior openings with an area of not less than four percent of the floor area of such rooms with a minimum of four square feet. In lieu of required exterior openings for natural ventilation, a mechanical ventilating system may be provided. Such system shall be capable of providing two air changes per hour in all guest rooms, dormitories, habitable rooms, and in public corridors. One-fifth of the air supply shall be taken from the outside. In bathrooms, water closet compartments, laundry rooms, and similar rooms a mechanical ventilations system connected directly to the outside, capable of providing five air changes per hour, shall be provided. For the purpose of determining light and ventilation requirements, any room may be considered as a portion of an 79 , a M adjoining room when one-half of the area of the common wall is open and unobstructed and provides an opening of not less than one-tenth of the floor area of the interior room or 25 square feet, whichever is greater. Required exterior openings for natural light and ventilation shall open directly onto a street or public alley or a yard or court located on the same lot as the building. Exception: Required windows may open into a roofed porch where the porch: 1. abuts a street, yard, or court; and 2. has a ceiling height of not less than seven feet; and 3. has the longer side at least 65 percent open and unobstructed. (b) Sanitation. Every building must,be provided with at least one water closet. Every hotel or subdivision of a hotel where both sexes are accommodated must contain at least two separate toilet facilities which are conspicuously identified for male or female use, each of which contains at least one water closet. Every dwelling .unit must be provided with a kitchen equipped with a kitchen sink. Every dwelling unit and every lodging house must be provided with a bathroom equipped with facilities consisting of a water closet, lavatory, and either a bathtub or shower. Each sink, lavatory, and either a bathtub or shower must be equipped with hot and cold running water necessary for its normal operation. For other requirements on water closets, see section 511(a) as amended in part 1305.1700. For additional sanitation facilities requirements, see section 510(c), as specified in part 1305.1600. MS s 16B.59 to 16B.73 9 SR 1557 1305.3700 SECTION 1210. OBC Section 1210(a) is amended to read as follows: Section 1210. (a) Fire -warning Systems. Every dwelling unit and every guest room in a hotel or lodging house used for sleeping purposes must be provided with smoke detectors conforming to OBC Standard No. 43-6. In dwelling units, detectors must be mounted on the ceiling or wall at a point centrally located in the corridor or area giving access to rooms used for sleeping purposes. in an efficiency dwelling unit, hotel sleeping room and in hotel suites, the detector must be centrally located on the ceiling of the main room or hotel sleeping room. Where sleeping rooms are on an upper level, the detector must be placed at the center of the ceiling directly above the stairway. All detectors must be located in accordance with approved manufacturer's instructions. When actuated, the detector must provide an alarm in the dwelling unit or guest room. When alterations, repairs, or additions to habitable space requiring a permit and having a valuation in excess of $1,000 occur, or when one or more sleeping rooms are added or created in existing Group R, Division 3 or 4 Occupancies, the entire building must be provided with smoke detectors located as required for new Group R, Division 3 or 4 Occupancies. 80 10C MEMO TO: barb acEar �Planning Coordinator • � MEMO FROM: Darre k, Chief Building Official MEMO DATE: May 18, 1989 SUBJECT: Light & Ventilation in Habitable Rooms Per Section 1305.3600 State Building Code Amending Section 1205 UBC Attached herewith are the appropriate building code requirements as they pertain to windows in habitable rooms. All rooms must have natural light and ventilation. The required light is 8% of the floor area; the required ventilation is 4% of the floor area. In lieu of the required windows, a mechanical ventilation system providing at least two air changes per hour may be installed. The following are two other ways a substitute may be used for light and ventilation in all rooms except bedrooms: 1. For the purpose of determining light and ventilation requirements, any room may be considered as a portion of an adjoining room when one-half of the area of the common wall is open and unobstructed and provides an opening of not less than one-tenth of the floor area of the interior room or 25 square feet, whichever is greater. 2. Required exterior openings for natural light and ventilation shall open directly onto a street or public alley or a yard or court located on the same lot as the building. EXCEPTION: Required windows may open into a roofed porch where the porch: A. abuts a street, yard, or court; and B. has a ceiling height of not less than seven feet; and C. has the longer side at least 65 percent open and unobstructed by screws or windows. DGC/mh Attach: Section 1305.3600 State Building Code units must be operable from the inside to a full clear opening without the use of separate tools. Where windows are provided as a means of egress or rescue they must have a sill height of not more than 48 inches above the floor. All egress or rescue windows from sleeping rooms must have a minimum net clear opening of 5.7 square feet. The minimum net clear opening height dimension must be 24 inches. The minimum net clear opening width dimension must be 20 inches. MS s 16B.59 to 16B.73 1305.3400 SECTION 1201. UHC Section 1201 Group R Division 1 occupancy definition is amended to read as follows: Division 1. Hotels and apartment houses. Convents and monasteries (each accommodating more than ten persons), supervised living facilities Class A-2 as defined in Section 420 for the mentally retarded, mentally ill, chemically dependent, and the physically handicapped (each accommodating more than six persons). Physically handicapped persons shall be housed at street level in supervised living facilities. UBC Section 1201 Group R, Division 3 is amended to read as follows: UHC Section 1201, Division 3. Dwellings and lodging houses, supervised living facilities Class A-1 as defined in Section 420. For occupancy separations, see Table No. 5-B. MS s 163.59 to 168.73 1305.3500 [Repealed, 11 SR 14051 1305.3600•SECTION 1205. UBC Section 1205 is amended to read as follows: 10D Section 1205. (a) Light and Ventilation. All guest rooms, dormitories, and habitable rooms within a dwelling unit shall be provided with natural light by means of exterior glazed openings with an area not less than eight percent of the floor area of such rooms with a minimum of eight square feet. All bathrooms, water closet compartments, laundry rooms, and similar rooms shall be provided with natural ventilation by means of openable exterior openings with an area not less than 1/20 of the floor area of such rooms with a minimum of 1-1/2 square feet. All guest rooms, dormitories, and habitable rooms within a dwelling unit shall be provided with natural ventilation by means of-openable exterior openings with an area of not less than four percent of the floor area of such rooms with a minimum of four square feet. In lieu of required exterior openings for natural ventilation, a mechanical ventilating system may be provided. Such system shall be capable of providing two air changes per hour in all guest rooms, dormitories, habitable rooms, and in public corridors. One-fifth of the air supply shall be taken from the outside. In bathrooms, water closet compartments, laundry rooms, and similar rooms a mechanical ventilations system connected directly to the outsidecapable of providing five air changes, per hour, shall be provided. For the purpose of determining light and ventilation requirements, any room may be considered as a portion of an VIP] 10E adjoining room when one-half of the area of the common wall is open and unobstructed and provides an opening of not less than one-tenth of the floor area of the interior room or 25 square feet, whichever is greater. Required exterior openings for natural light and ventilation shall open directly onto a street or public alley or a yard or court located on the same lot as the building. Exception: Required windows may open into a roofed porch where the porch: 1. abuts a street, yard, or court; and 2. has a ceiling height of not less than seven feet; and 3. has the longer side at least 65 percent open and unobstructed. (b) Sanitation. Every building must be provided with at least one water closet. Every hotel or subdivision of a hotel where both sexes are accommodated must contain at least two separate toilet facilities which are conspicuously identified for male or female use, each of which contains at least one water closet. Every dwelling.unit must be provided with a kitchen equipped with a kitchen sink. Every dwelling unit and every lodging house must be provided with a bathroom equipped with facilities consisting of a water closet, lavatory, and either a bathtub or shower. Each sink, lavatory, and either a bathtub or shower must be equipped with hot and cold running water necessary for its normal operation. For other requirements on water closets, see section 511(a) as amended in part 1305.1700. For additional sanitation facilities requirements, see section 510(c), as specified in part 1305.1600. NS s 163.59 to 163.73 9 SR 1557 1305.3700 SECTION 1210. OBC Section 1210(a) is amended to read as follows: Section 1210. (a) Fire -warning Systems. Every dwelling unit and every guest room in a hotel or lodging house used for sleeping purposes must be provided with smoke detectors conforming to OBC Standard No. 43-6. In dwelling units, detectors must be mounted on the ceiling or wall at a point centrally located in the corridor or area giving access to rooms used for sleeping purposes. In an efficiency dwelling unit, hotel sleeping room and in hotel suites, the detector must be centrally located on the ceiling of the main room or hotel sleeping room. Where sleeping rooms are on -an upper level, the detector must be placed at the center of the ceiling directly above the stairway. All detectors must be located in accordance with approved manufacturer's instructions. When actuated, the detector must provide an alarm in the dwelling unit or guest room. When alterations, repairs, or additions to habitable space requiring a permit and having a valuation in excess of $1,000 occur, or when one or more sleeping rooms are added or created in existing Group R. Division 3 or 4 Occupancies, the entire building must be provided with smoke detectors located as required for new Group R, Division 3 or 4 Occupancies. 80 �e O COMMUNITY DEVELOPMEN DEPARTMENT MEMORANDUM 1A DATE: May 26, 1989 TO: William Burns, City Manager FROM: Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Variance Request, VAR #89-06, George Colstrom Attached is the variance request, VAR #89-06, by George Colstrom, to reduce the required rear yard setback from 25 feet to 17 feet. The Appeals Commission's motion resulted in a split decision (2- 2). Staff recommends that the City Council deny the variance, because it would reduce the available green space and would reduce the minimum setback between buildings. The petitioner can construct a smaller addition and still meet setback requirements. MM:ls M-89-273 11 L Cy 10 STAFF REPORT APPEALS DATE May 9, 1989 CITYOF PLANNING COMMISSION DATE FRIDLEY CITY COUNCIL DATE June 5, 1989 AUTHOR MM/1s REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION SITE DATA SIZE DENSITY PRESENT ZONING ADJACENT LAND USES & ZONING UTILITIES PARD DEDICATION ANALYSIS FINANCIAL IMPLICATIONS CONFORMANCE TO COMPREHENSIVE PLAN COMPATIBILITY WITH ADJACENT USES & ZONING ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMENDATION APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENDATION George and Linda Colstrom To reduce the required rear yard setback frorl 25 feet to 17 feet to allow the construction of a 14' by 22' additi 6701 Quincy Street PT.L. 90 ft. x 100 ft.; 9,000 sq. ft. N/A R-1, Single Family R-1, Single Family Residential surrounding on all sides Municipal utilities exist on site N/A N/A Yes Yes N/A Denial Tie vote on motion to deny N/A 10A Staff Report #89-06, 6701 Quincy Street N.E. Page 2 A. 0 PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.07.03.D.(3).(a) requires a rear yard depth of not less than 25% of the lot depth with not less than 25 feet permitted or more than 40 feet required. Public purpose served by this requirement is to provide rear yard space to be used for green areas which enhance the neighborhood and provide adequate separation between buildings. STATED HARDSHIP: "I need your help with this variance. For the best use of our back yard, we would like to keep the addition to one side of the lot. We do not have a very large lot, only 100 ft. with a 35 ft. setback plus the house makes the back yard seem shorter. Talking with the Inspection Department, we were told that the addition cannot cover the kitchen window in the back. So, this only allows us to go straight back from the house. With our growing family and my mother will be staying with us (age 79), the size of this addition is very much needed. All the neighbors surrounding us have signed a statement saying that they have no objections to our addition. To highlight this statement: 1. Small back yard 2. Best use of yard to 3. Will be 17 ft. away 4. Can't cover kitchen 5. Probably best layout 6. Most of all, for the living with us" C. ADMINISTRATIVE STAFF REVIEW: Request keep addition to one side from back lot line window for resale of house reason of having my mother The petitioners, George and Linda Colstrom, are proposing to construct a 14 ft. x 22 ft. addition to their house on Lot 12, Block 5, Brookview Terrace, the same being 6701 Quincy Street. The addition would encroach into the rear yard setback, reducing it from 25 feet to 17 feet. 1 Staff Report VAR #89-06, 6701 Quincy Street N.E. Page 3 Analysis The lot meets the lot size requirement of 9,000 sq. ft. Currently, there exists on the site a 40 ft. x 25 ft. rambler, a 25 ft. x 15 ft. garage, and an approximately 10 ft. diameter gazebo. The addition must be constructed perpendicular to the house to allow an existing kitchen window to remain open to allow natural light and ventilation into the kitchen. The lots in the neighborhood are platted at 100 ft. depths, and the rear yard setback provides for adequate separation between buildings. If any two parties build to the required rear setback, then a 50 ft. separation between buildings is maintained. If the variance is approved, this separation would be reduced to 42 feet. Staff is sympathetic to the petitioners' need for more room due to their increasing family, but a smaller 14 ft. by 14 ft. addition could be constructed and meet the ordinance. Recommendation Staff is recommending that the Appeals Commission deny the request, VAR #89-06, to reduce the rear yard setback from 25 feet to 17 feet, because the proposed addition would effectively reduce the available back yard space by 500, as well as reduce the minimum setback between buildings. Appeals Commission Action A motion to approve the variance failed due to a lack of a second. A motion was then made to deny the variance. The Commission voted to a split decision (2-2). The Commission also wanted to know why the kitchen window couldn't be covered. Attached is the memorandum from Darrel Clark addressing this issue. The kitchen window could be covered, but adequate provisions for light and air must be maintained in accordance with the Building Code. City Council Recommendation Staff recommends that the City Council deny the variance request, VAR #89-06, to reduce the rear yard setback as previously stated. CITY COUNCIL ACTION TAKEN NOTICE June 7, 1989 George and Linda Colstrom 6701 Quincy Street N.E. Fridley, MN 55432 Dear Mr. and Mrs. Colstrom: On June 5, 1989, the Fridley City Council officially approved your request for a Variance, VAR #89-06, to reduce the rear yard setback from 25 feet to 17 feet to allow the construction of an addition on Lot 12, Block 5, Brookview Terrace, the same being 6701 Quincy Street N.E., with the following stipulations: None. If you have any questions regarding the above action, please call the Planning Department at 571-3450. Sincerely, Barbara Dacy Planning Coordinator BD/dn Please review the noted stipulations, sign the statement below and return one copy to the City of Fridley Planning Department by June 21, 1989. Concur with action taken. OF L.TION Of P THE ANON ,/4' I i�1SNTG THE ARf OE USEtB 9F FRIDLEY `' y �- ,•. 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MUNICIPAL ENOINEERINo LAND PLANwFI1Np 6418-S49'" AVENUE N. k KE" - SG37 - \ �flo�` , '16/r • r IJ �I � yI '•- � : �' -70 Ile ll �� 4 WE HERESY CERTIFY THAT THIS IS A TRUE AND CORRECT RERRESENTNTIOW OF A 5MVEY OF THE SOLMIDNRIES OF THE` LAND ABOVi DESCRIBED AND OF THE U KATIoN OF ALL BUILDINGS, IF ANY, THEREON , AND ML VISIBLE ENCROACHMENTS, IF MIY, FMM OR ow SND IJ►ND. & #&TED TIu>r ow MINDER ENGINEERING CO., INC. AA I'1s� LN61IIiER9 IWO wa.vtYeai by�• I► rm CIVIC CENTER . 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE (612) 571-3450 CITY COUNCIL ACTION TAKEN NOTICE June 7, 1989 George and Linda Colstrom 6701 Quincy Street N.E. r -J- delay , IGN 55432 Dear Mr. and Mrs. Colstrom: On June 5, 1989, the Fridley City Council officially approved your request for a Variance, VAR #89-06, to reduce the rear yard setback from 25 feet to 17 feet to allow the construction of an addition on Lot 12, Block 5, Brookview Terrace, the same being 6701 Quincy Street N.E., with the following stipulations: None. If you have any questions regarding the above action, please call the Planning -Department at 571-3450. S Barbara Dacy Planning Coordinator BD/dn Please review the noted stipulations, sign the statement below and return one copy to the City of Fridley P1 nning Department by June 21, 1989. C ur with action taken. STATE OF MINNESOTA, CITY COUNCIL PROCEEDINGS COUNTY OF ANOKA CITY OF FRIDLEY In the Matter of a variance, VAR #89-06 VARIANCE George and Linda Colstrom9 Owner 860142 The above entitledl,matter came before the City Council of the City of Fridley and was heard on the 5th day of June , 19-89—, on a petition for a variance pursuant to the City of Fridley+s Zoning Ordinance, for the following described property: To reduce the rea yard setback from 25 feet to 17 feet to allow the construction of a addition, on Lot 12, Block 5, Brookview Terrace, the same being 6701 Q incy Street N.E. IT IS ORDERED that reasons: a variance be granted as upon the following conditions or See City Council iiinutes of June 5, 1989. STATE OF MINNESOTA ) COUNTY OF ANOKA ) OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) I, Shirley A. Haap la, City Clerk for the City of Fridley with and in for said City of Fridl y, do hereby certify that I have compared the foregoing copy and Order gra ting a variance with the original record thereof preserved in my office, and 2ave found the same to be a correct and true transcript of the whole thereof. IN TESTIMONY WHER OF, I have hereunto subscribed my han at the City of Fridy, Min eso a, in the County of Anoka on the day of 19 -fl -- DRAFTED BY: City of Fridley 6431 University Av Fridley, MN 55432 Variances are v considered void snue N. E. SHIRLEY A. H�PALA, CITY I.E Y ,` 0 r L rp _ i for a period of one year following approval at* 'ha l; be not used within that period. t{`f`r Vc t UPON A VOICE VOTE TAKEN ON THE MAIN Mayor Nee declared the motion carriq 11 voted aye, and ly. MOTION by Councilman Fi ick to receive the minutes of the Planning Commis�si eeting of May 17, 1989. Seconded by Councilwoman genson. Upon a voice vote, all voting aye, Mayor Nee de ed the motion carried unanimously. 10. RECEIVING THE MINUTES OF THE APPEALS COMMISSION MEETING OF MAY 9, 1989: A. CONSIDERATION OF A VARIANCE. VAR #89-06. TO REDUCE THE REAR YARD SETBACK FROM 25 FEET TO 17 FEET TO ALLOW THE CONSTRUCTION OF AN ADDITION ON LOT 12, BLOCK 5. BROOKVIEW TERRACE, THE SAME BEING 6701 OUINCY STREET N.E.. BY GEORGE AND LINDA COLSTROM: Ms. Dacy, Planning Coordinator, stated the petitioner is requesting this variance to reduce the rear yard setback from 25 feet to 17 feet in order to allow the construction of a 14 by 22 foot addition. She stated the Appeals Commission reviewed this variance and failed to approve it due to lack of a second on the motion for approval. She stated a motion to deny did not pass due to a split vote (2-2). Ms. Dacy stated staff's recommendation is to deny the variance because a 14 by 14 foot addition could be built and still comply with the setback requirements. She stated a 14 by 22 foot addition would reduce the available back yard space by 50 percent. Councilman Billings stated he has gone out and looked at this property and is prepared to move for approval of the variance. MOTION"by Councilman Billings to grant this Variance, VAR #89-06, to reduce the rear yard setback from 25 feet to 17 feet to allow the construction of an addition at 6701 Quincy Street. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11. APPLICATION: Councilwoman Jorgenson stated shes been working' with Representative Alice Johnson and a Campbell of the City staff towards a household hazardous ste collection in the City. She stated the date for thi collection would be in September or October and the Counc would need to allocate some funds in order to proceed with_t1t6 grant application. Council an Jorgenson stated she believed $10,000 would cover the Cit portion and she understands the Jaycees' will be making a ontribution for this project. a { 860142 [qt,Men Grantor Grant Pecorded -:;7/ Checked_ Margin r ' r. Ind®X s� s> �e P P-� •a'E Y7 r.• �, � STATE OF we1No3M37411 -MM OF P&OKA I hereby certify That the within instru- Ment oras fled in this office for record on the AUG 11 1989 Community Development Department City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 UPON A VOICE VOTE TAKEN ONTHS N MOTION, all voted aye, and Mayor Nee declared the mot carried unanimously. MOTION by Counci ai Fitzpatrick to receive the minutes of the Planning Co Sion meeting of May 17, 1989. Seconded by counciluvIan Jorgenson. Upon a voice vote, all voting aye, Mayor Ne eclared the motion carried unanimously. 10. RECEIVING THE MINUTES OF THE APPEALS COMMISSION MEETING OF MAY 9. 1989: A. CONSIDERATION OF A VARIANCE, VAR #89-06, TO REDUCE THE REAR YARD SETBACK FROM 25 FEET TO 17 FEET TO ALLOW THE CONSTRUCTION OF AN ADDITION ON LOT 12, BLOCK 5. BROOKVIEW TERRACE, THE SAME BEING 6701 OUINCY STREET N.E., BY GEORGE AND LINDA COLSTROM: Ms. Dacy, Planning Coordinator, stated the petitioner is requesting this variance to reduce the rear yard setback from 25 feet to 17 feet in order to allow the construction of a 14 by 22 foot addition. She stated the Appeals Commission reviewed this variance and failed to approve it due to lack of a second on the motion for approval. She stated a motion to deny did not pass due to a split vote (2-2). Ms. Dacy stated staff's recommendation is to deny the variance because a 14 by 14 foot addition could be built and still comply with the setback requirements. She stated a 14 by 22 foot addition would reduce the available back yard space by 50 percent. Councilman Billings stated he has gone out and looked at this property and is prepared to move for approval of the variance. MOTION by Councilman Billings to grant this Variance, VAR #89-06, to reduce the rear yard setback from 25 feet to 17 feet to allow the construction of an addition at 6701 Quincy Street. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11. APPLICATION: Councilwoman Jorgenson stated she ha een working with Representative Alice Johnson and Lisa mpbell of the City staff towards a household hazardous was collection in the City. She stated the date for this co ction would be in September or October and the Council wou need to allocate some funds in order to proceed with the gra application. Councilwoman Jor on stated she believed $10,000 would cover the City's portio nd she understands the Jaycees' will be making a contributio for this project. FRIDLEY CITY COUNCIL MEETING OF JUNE S. 1989 PAGE 16 Mr. Patrick Earley stated the Board approved a $10,000 contr bution to the City, however, it has to be approved by their general membership tomorrow evening. Councilman Schneider asked if tires would beZincled in this collection. Councilwoman Jorgenson stated there is a comparidley that recycles tires and staff is exploring this poss. MOTION by Councilwoman Jorgenson Xdlared a $10,000 for the household hazardous waste collecect and authorize submission of the application for mds to the Minnesota Pollution Control Agency. Secondedman Schneider. Upon a voice vote, all voting aye, Mayor the motion carried unanimously. Mayor Nee thanked the Jaycees for rt and contribution in this project. 12. AVENUE): MOTION by Councilwoman J Seconded by Councilman S aye, Mayor Nee declared 13. FRIDLEY: ,bison to adopt Resolution No. 47-1989. rider. Upon a voice vote, all voting motion carried unanimously. Mr. Hunt, Assistant o the City Manager, stated each year the City enters into a contr ct with the City of Minneapolis to participate in the Urban Corps Program. He stated as a participant, the City can employ studen s who have Federal Work Study Grants to work as interns. He sta ed the City pays between 30 to 40 percent of the salary, and the Federal Work Study money makes up the difference. He stated the Urban Corps also takes care of any taxes and insurance for the interns. Mr.Hunts ted in order to participate in this program, it is necessaryor the University to contract with the City and the City, in urn, must enter into an agreement with the City of Minneapo is for participation in this program. MOTION by Councilman Schneider to authorize the Mayor and City Manager to enter into this agreement with the City of Minneapolis for participation in the Urban Corps Program. Seconded by