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VAR 05.83CITY OF FIRIOLEY, SUBJECT 6431 UNIVERSITY AVE. N6. FRIDLEY, MN. 55438 (6-W671-3450 VARIANCES ADDRESS /L/ 9DL/L/�'® A CAff 1e 0,0_ DATE S-/ 9/- S 3 APPEALS COMMISSION: APPROVED DISAPPROVED DATE (141/S13 NO. CITY COUNCIL REVIEW: CITY COUNCIL: STIPULATIONS: REQUIRED: YES APPROVED DISAPPROVED . DATE NO. NAME 5 7 - Ale 5 %� 9 In 667 r®® RECEIPT NO.14�7g LOT. NO. BLOCK NO. TRACT OR ADDITION LEGAL DESCRIPTION: / Z.., &11-1-S rWj AOt9 ,0 ' .0, VARIANCE REQUEST (S): (Attach plat or survey of property showing building, variances, etc., where applicable) 7C -4D e� 3 ��- T® �. `� . / 0 Ce Al -- I %u c_7tz)eS slat Z -c "f;qm fjlQV _47�. ist specific hardship(s) which requires the variances(s): rl�� /P,6 -AA ® —r- 7-h� 2-e)7- /0-5 $ /1"611 JJO C9 ,0 � DATE SIGNATURE ADDRESS TELEPHONE NO. 2S O VARIANCES FOR CITY USE ONLY Board members notified of meeting by List members, date notified, and "Yes" or "No" for plans to attend hearing. Plan Name Date To Attend rerson maKing appeal ano the T01iowing property owners naving property witnin 4UU Teel notified: Name By Whom - Date Phone or Mail Notified irk Sampson 2�Sylvan Lane N.E. • ,DI/M Leslie Svendsen §171 Kerry Lane N.E.- M/M Ronald Cadwell- 0170.Kerry Lane N.E. i MIM Steven Butgusaim 6160 Kerry Lane N.E. M/M Dennis Bybliw 1470 Rice Creek Drive N.E. Miller Mnrtaaqp Cn - l SQQ Ri r_p Creek nrivp N - E- _ Karen Kirk 1510 Rice Creek Drive N.E. M/M Robert Helberg 14.91 Rice Creek Drive N.E. M/M Ricbard Ferber 6170 Rice Creek Drive N.E. M/M John Crane. 6170 Rice Creek Drive N.E. M14M Rnhprt HUPR 154A 61ct Avp- N -F. � _ — M/M Gregory Johnson 1505 Ferndale Ave. N.E. M/M Roger Arel 1521 Ferndale Ave. N.E. Star Homes Ltd. 7691 Central Ave. N.E. r M/M _Neal Jenewein 1342 Hillcrest Drive N.E. _ M/M Earl Hansmann 1344 Hillcrest Drive N.E. Merrill Lund 1346 Hillcrest Drive N.E. M/M Amos Duininck 1348 Hillcrest Drive M 1 an P,_aj1Dgr 1460 Ri ce Creek Drive N. E. t .lnhn Peehles 1511 Ferndale Ave. N.E. i --i —– -- - 1 ----- M/M Irving Olsen 1511 Ferndale Ave. N.E. _ I - City of Fridley APPEALS COMMISSION FETING - TUESDAY, JUNE 14, 1983 PAGE 1 CALL TO ORDER: Chairperson Gabel called the Appeals Commission meeting of Tuesday, June 14, 1983, to order at 7:35 p.m. DOLL CALL: Members Presents Patricia Gabel, Alex Barna, Jim Plemel, Donald Betzold Members Absents Jean Gerou Others Presents Darrell Clark, City of Fridley Charles Peugh (Signcrafters), 7775 Main Street Leonsrd A. Moore, Jr., 6301 Riverview Terrace Roma Eastwood, 7995 Broad Avenue N.E. Ken Thornton, 5571 E. Bavarian Pass Steve Butgusaim0 6160 Kerry Lane APPROVAL OF MINUTES OF MAY 24, 1983: NOTION by Mr. Barna, seconded by Mr. Plemel, to approve the minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE NOTION CARRIED UNANIMOUSLY. 1. VARIANCE REQUEST PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY CODE, TO REDUCE THE REQUIRED 35 FEET, TO 25 FEET ON LOT 1. BLOCK_ 2, HEATHER HILL THIRD ADDITION THE SAME BEING 1490 RICE CREEK DRIVE N.E. AND TO REDU THE FRONT YARD SETBACK TO 30 FEET ON LOT 2. BLOCK 2, HEATHER HILLS THIS ADDITION THE SAME BEING 1480 RICE CREEK DRIVE N.E. TO ALLOW1 THE CONSTRUCTION OF TWO NEW DWELLINGS ON THE ABOVE MENTIONED PROPERTY (Request by Star Homes Ltd., 7691 Central Ave. N.E., Fridley, MN 55432) NOTION by Mr. Barna, seconded by Mr. Plemel, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC HEARING OPEN AT 7:37 P.M. Chairperson Gabel read the Staff Report: ADM19ISTRATIVE STAFF REPORT 1480 - 1490 Rice Creek Drive X.R. A. PUBLIC PURPOSE SERVED BY HEQUIRBM R: Section 205.052, 4A, requires a minimum front yard setback of not less than thirty-five (35) feet. Public purpose served by this parking without encroaching on aesthetic consideration to reduce Into the neighbors front yaard. B. STATED RARDSRIP: requirement is to allow for off-street the public right of way and also for the building *line of eight• encroachment eThe rear of the lots have a high wooded terrain which will not allow any useable rear yard. Adjacent homes in the area have the same or similar problem and variances have been granted.• Appeals Commission Meeting — June 14, 1983 Page 2 C. ADMINISTRATIVE STIFF REVIEW: This request is similar to the houses at 1090 A 1080 Rice Creek Drive, which have gotten variances of 30 feet and 25 feet respectively. The oonditions here do pose a difficult problem for the petitioner and the public purpose served by the 35 foot setback has been altered due to previous variances which were granted on this block. The staff has no stipulations to add to this variance if the Board approves this request. Mr. Steve Butgusaim and Mr. Ren Thornton, Star Homes, were present for this item. The Appeals Commission minutes of October 9, 1979 were referred to and Mr. Clark stated that nothing has really changed to alter the physical conditions in the area. Mr. Butgusaim said the plans for the homes were being designed and did not have a plan present. He said they will fit very nicely in the neighborhood and will utilize the lots as best as possible. He further stated there is high terrain in the back and they will make the front yard setback even with the homes in the area and to continue what is.in the neighborhood. Ms. Gabel asked if they had buyers for the homes and Mr. Butgusaim said not at the present time. Ms. Gabel stated most of the Commission members realize the problems in the area and the other variances that have been granted= that the hardship is because of the terrain. MOTION by Mr. Plemel, seconded by Mr. Barna, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. NOTION by Mr. Plemel, seconded by Mr. Betzold, to approve the variance request to reduce the required 35 feet, to 25 feet on Lot 1, Block 2, Heather Hills Third Addition, the same being 1490 Rice Creek Drive N.E., and to reduce the front yard setback to 30 feet on Lot 2, Block 2, Heather Hills Third Addition, the same being 1480 Rice Creek Drive N.E., to allow the construction of two new dwellings on the above mentioned property. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE NOTION CARRIED UNANIMOUSLY. 2. VARIANCE REQUEST PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY CODE, TO REDUCE THE REQUIRED SIDE YARD ON A CORNER LOT FROM 17.5 FEET TO 10t FEET TO ALLOW CONSTRUCTION OF A SCREEN PORCH ON THE SIDE OF AN EXISTING STRUCTURE ON LOTS 19, 20, 21 AND 22, BLOCK L. RIVERVIEW HEIGHTS ADDITION, THE SAME BEING 7995 BROAD AVE. N.E. Request by Roma Eastwood, 7995 Broad Ave. N.E., Fridley, MN 55432) NOTION by Mr. Betzold, seconded by Mr. Plemel, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC HEARING OPEN AT 7:45 P.M. Chairperson Gabel read the Staff Report: ADMINISTRATIVE STIFF REPORT 7995 Broad Avenue N.E. A. PORLIIC PURPOSE SERVED BY REQUIREMENT: Section 205.053v •B, 05a, requires a minimum side yard width of 17.5 feet on the street side of a corner lot. v line of the west 200 feet of - • e "s The east. Lot 23,Auditor's Subdivision No. 22 - 35T.56 S" O0104 "1�/ r- -- — Xb - --- —•-- - - 4/.57 _ -!5300 75.00-:.L�,'s { y 129.56qb I • C {..t •'� s '� -`' t� '' .v.-v.w_�' iC1I x -, s. - Q .I,. Q t` t - a }. r" O n w 1= O _. 4.,F o¢,:., sty r .;,._ _ i� a• '� .•?.sfi: l0 N ,t- -�, ,n maw. -`V1` t _ - - ; .'tf*"'.. SY,..wnJ' F" r- j'i'\ ' ' . :♦ ''r u3""r ?r � I. .,` f;, y '� " _ - t� _ lCk LN 41, .- X02 I'1 .A l•%"!„ . _ '' pg `. � ; - E"6_0q�I _?iso- w4`� {© �a,.� R=659.92' =7/.90 {208.00 29 L = .13'8 .;� 50NOlWH L= /_ i `-- • IPi c 0 olv w -ti0 41 ti 0- �{ IJt3 .: it /5/64 ; 210.57 vt w cnSGUTH /0 . { NORTH 33 Qt cb it � J w ��N 00" of o 19g y0 228.0-- _ 51. ~ 4/256 i. - NORTY . k 4 6431 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA 55432 NOTICE OF PUBLIC HEARING :e is hereby given that the conduct a Public Hearing in ie Northeast at 7:30 p.m. on )wing matter: TELEPHONE ( 612)571-3450 June 3, 1983 Appeals Commission of the City of Fridley the City Council Chambers at 6431 University Tuesday, June 14, 1983 in regard to the Requests for variances pursuant to Chapter 205 of the Fridley City Code, to reduce the front yard setback from the required 35 feet, to 25 feet on Lot 1, Block 2, Heather Hills Third Addition, the same being 1490 Rice Creek Drive, N.E., and to reduce the front yard setback to 30 feet on Lot 2, Block 2, Heather Hills Third Addition, the same being 1480 Rice Creek Drive N.E. to allow the construction of two new dwellings on the above mentioned property. 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. r Item #1, June 14, 1983 ADMINISTRATIVE STAFF REPORT 1480- 1490 Rice Creek Drive N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.052, 4A, requires a minimum front yard setback of not less than thirty-five (35) feet. Public purpose served by this requirement is to allow for off-street parking without encroaching on the public right of way and also for aesthetic consideration to reduce the building "line of sight" encroachment into the neighborts front yaard. B. STATED HARDSHIP: "The .rear of the lots have a high wooded terrain which will not allow any useable rear yard. Adjacent homes in the area have the same or similar problem and variances have been granted." C. ADMINISTRATIVE STAFF REVIEW: This request is similar to the houses at 1490 & 1480 Rice Creek Drive, which have gotten variances of 30 feet and 25 feet respectively. The conditions here do pose a difficult problem for the petitioner and the public purpose served by the 35 foot setback has been altered due to previous variances which were granted on this block. The staff has no stipulations to add to this variance if the Board approves this request. e .� r , ,, 5:,. , .._. :,. .:., _�. e ._. a 3.4 s. , ... �{ a� .. i4 i i.1. .... _ � ._ .. r'. _ ..a . i.. .� .. ... � .. m Item #1, June 14, 1983 ADMINISTRATIVE STAFF REPORT 1480 - 1490 Rice Creek Drive N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.052, 4A, requires a minimum front yard setback of not less than thirty-five (35) feet. Public purpose served by this requirement is to allow for off-street parking without encroaching on the public right of way and also for aesthetic consideration to reduce the building "line of sight" encroachment into the neighbor's front yaard. B. STATED HARDSHIP: "The rear of the lots have a high wooded terrain which will not allow any useable rear yard. Adjacent homes in the area have the same or similar problem and variances have been granted." C. ADMINISTRATIVE STAFF REVIEW: This request is similar to the houses at 1490 & 1480 Rice Creek Drive, which have gotten variances of 30 feet and 25 feet respectively. The conditions here do pose a difficult problem for the petitioner and the public purpose served by the 35 foot setback has been altered due to previous variances which were granted on this block. The staff has no stipulations to add to this variance if the Board approves this request. 6 CITY OF FRIDLEY APPEALS COMMISSION MEETING, OCTOBER 9. 1979 CALL TO ORDER: Chairwoman Schnabel called the October 9, 1979, meeting of the Appeals Commission to order at 7:30 P.M. ROLL CALL: Members Present: Ms. Schnabel, Mr. Kemper, Mr. Plemel, Ms.,Gabel, Mr. Barna Members Absent: None Others Present: Darrel Clark, Building Inspector APPROVE APPEALS COMMISSION MINUTES: SEPTEMBER 18, 1979: MOTION by Ms. Gabel, seconded by Mr. Barna that the Appeals Commission minutes of September 18, 1979, be approved with the following corrections: Ms. Schnabel noted on page 10, the 6th paragraph from the botton, the word 'faith" should be added to the sentence, "Ms. Schnabel said with the exception ." On page 11, the 5th paragraph from the top, the word precedent was spelled wrong. On the same page, between the 10th and 11th paragraph, Ms. Schnabel asked to have the following explanation inserted. "Mr. Moravetz stated that the Councilmember for this ward had requested through the City Manager's office that this item come before the City Council." UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Schnabel asked the petitioner for item one on the agenda if he would mind being placed second on the agenda. She explained, Mr. O'Bannon, the second petitioner, had an 8:00 meeting at the County. Mr. Holsten, representing item one, agreed to the change. 1. QUESTS FOR VARIANCES PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY -CODE, TO RE- DUCE THE FRONT YARD SETBACK FROM THE REQUIRED 35 FEET, TO 25 FEET ON LOT lz BLOCK T- 2, HEATHER IIItLS THIRD ADDITION, THE SAME BEING 1490 RICE CREEP DRIVE N,E., A11D TO REDUCE THE FRONT YARD SETBACK TO 30 FEET ON LOT 2, BLOCK 2, HEATHER HILLS THIRD ADDITION, THE SAkM- BEING 1480 RICE CREEK DRIVE N.E., AND REDUCE THr FRONT YARD SETBACK TO 25 FEET ON LOT 5, BLOCK 2. HEATHER HILLS THIRD ADDITION, THE SAME BEING 6150 KERRY LANE N.E.; (Request by Mike O'Bannon, 5298 Fillmore Street, P.E•t, Fridley, MN 55421) . MOTION by Mr. Kemper, seconded by Ms. Gabel to open the Public Hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABRL DECLARED THE MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING OPENED AT 7:35 P.M. APPEALS COMMISSION MEETING, OCTOBER 9. 1979 PACE 2 Chairwoman Schnabel read the staff report: AD14INISTRATIVE STAFF REPORTS - 1490 Rice Creek Drive N.E. 1486 Rice Creek Drive N.E. 6150 Kerry Lane II.E. A. PUBLIC PURPO.iE SERVED BY REQUIREMENT:_ Section 205.053, 4A, requires a front yard setback of 35 feet. Public purpose served is to provide open space for off-street parking without encroaching on publid right of way. "Also for the aesthetic consideration not to reduce the "building line of sight" encroachment into a neighbor's front yard. B. STATED HARDSHIP: "To be in line with other homes and to allow room for back yards." C. AMINISTRATIVE STAFF REVIEW: These three lots are all on the southerly side of the cul -de -.sac joining Kerry Lane and Rice Creek Drive. The other lots, surrounding these three, have varying setbacks; Lot 3 has a 26.55 verified setback; Lot 4 has a 50 foot setback; Lot 6 has a 40.33 verified setback; and on the east side of Lot 1 there is a 38.4 setback. The visibility of the differences in setbacks is somewhat eliminated by the cul-de-sac and curve of the streets. The useable back yard area would be increased with approval of the variances as the back of the land is quite steep. Ms. Schnabel asked Darrel Clark if he had any further comments to make on this item. Mr. Clark said no, he felt the attached map should answer any questions. Isis. Schnabel said with all the various numbers and writings on the map, it gets a little confusing, and asked Mr. Clark to go over the area. Mr. Clark said the existing home on Lot 6 was setback 40 feet, the proposed home on Lot 5 would be back 25 feet. The home, under construction, on Lot 4, was setback 50 feet. Lot 3 had a previous variance granted for a 26.5 foot setback. The proposed home on Lot 2 would have a 30 foot setback and a 25 feet setback on Lot 1. He pointed out the house left of Lot 1 and not on the diagram was setback 38 feet. iis. Schnabel asked the petitioner, Mr. O'Bannon, for comments. He said the drawing sets up what he proposes. He has set each house step by step around the cul-de-sac. He said Lot 5 will have a small backyard because of a steep APPEALS COIrRrIISSION MEETING, OCTOBER 9. 1979 PAGE 3 drop-off on the lot. Both Lots l and 2 have backyards that go into a cliff. Ms. Schnabel said she was not aware of the drop-off on Lot 5. Mr. Kemper asked where the house to the east of Lot 1 was placed in comparision with the proposed home on Lot 1. Mr. O'Bannon said the garage of the house east of Lot 1 would line up with the outer- most front edge of the proposed home on Lot 1. Mr. Clark scaled the home home location for the Commission. Mr. Kemper said Mr. 6'*Bannon does have a hardship. There was a drop-off on Lot 5 and both Lots 1 and 2 have a cliff in the backyard. The house on Lot 3 had a similar request about a year ago. He felt Mr. O'Bannon had been able to compromise lining up the homes on the cul-de-sac and has done a good job of making them look nice. Ms. Schnabel said she was concerned about the setback on Lot 5, The garage on Lot 6 was setback 40 feet, with the house back even further. She thought the setback on Lot 5 could be more then 25 feet. There are no windows on the home on Lot 6 on this side, but there was a deck, so the placement should not bother them. On Lot 4, there was a window in the front portion, but even that should nqt create a visual problem. Mr. Kemper asked how such room was in the backyard if the proposed home was setback at 25 feet. Mr. O'Bannon said there would be a 25 foot backyard. Ms. Gabel asked if the drop-off would.be terraced. Mr. O'Bannon said they are planning on leaving it in its natural state. Mr. Kemper suggested discussing each lot separatly. Mr. O'Bannon explained he sighted the house on Lot 1 with the one to the east, that was how he came up with the 25 foot setback. Mr. Kemper said the line of sight looked okay between the 3 houses on Lots 1 and 2 and the one to the east. He felt there were no visual problems and had no objections to the setbacks for Lots 1 and 2. Ms. Schnabel.said she understood.the backyard problems on Lot 5, but did not like the idea of having this house so much closer to the street then the neighboring homes. Mr. O'Bannon said the house on Lot 4 was not setback 50 feet, it was closer to 45 feet. He also said when placing a home on a lot in this type of a situation, he tries to place it in the uIddle of the neighboring homes. You would not want Lot 5 to be Lot- 6's backyard. Ms. Schnabel said that was true, but there were no windows on this side of Lot 6. Mr. O'Bannon said there was a deck located there. APPEALS COMMISSION MEETING, OCTOBER 9, 1979PAGE A Ms. Schnabel asked if there were any comments from staff regarding the setback. She understood, when talking toithe Planning Department, there had been a comment made. She was refering to the staff review sheet. Mr. Clark said the only comment was by Jerry Boardman. He said lie did not see any real hardship, but the hillside does cut down the amount of rear yard. Ms. Schnabel questioned the size of the boulevards. Mr. O'Bannon replied they are 10 feet on the straight street, and 7 feet on the cul- de-sac street. Mr. Kemper asked if it would be possible to angle the home on the lot, or would that create a problem with the side yards. Mr. O'Bannon replied angling the home would create other problems. He stated as the house is proposed, there are no problems with the side yards. He stated a L-shaped rambler would not work because the back of the house would be on the edge of the drop-off. Mr. Barna asked how much the drop-off was. Mr. O'Bannon stated 15-20 feet. You cannot climb the hill easily. MOTION by Mr. Plemel, seconded by Mr. Barna to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE MOTION CARP.IED UNANIMOUSLY. PUBLIC HEARING CLOSED AT 7:53 P.M. Mr. Kemper said he sees no real problem with the requests, but acknowledges that the Chairperson was concerned about the setback on Lot 5. Ms. Schnabel said her main concern was Lot 5. She felt Lots 1 and 2 would fit in, and there was definitely a backyard problem with the hill. Lat 3 was previously granted a similar variance request and fits into the neighborhood nicely, so these should also. She had objected to Lot 5's variance request because first of all, she was not aware of the drop-off in the backyard and secondly, was led to believe there was an objec- tion by staff on this request. She said when reading the staff review report tonight, she does not detect that and has no problem with it now. Mr. Clark asked Mr. O'Bannon when he would be building. ' Mr. O'Bannon stated he would like to dig Lot 5 this fall, but was not sure. He felt one of the lots would be started this fall. Ms. Gabel said she would be concerned about the setback on Lot 5 if the street was straight. Secondly, she felt, many variances have had to be granted in this area be- cause of topographical reasons and these requests were consistent with those,. She also felt the area looked very nice. Mr. Kemper and Mr. Plemel both agreed that Mr. O'Bannon had done a good job in the area. MOTION by Mr. Kemper, seconded by Ms. Gabel to approve the request for variances pur- suant to Chapter 205 of the Fridley City Code, to reduce the front yard setback from APPEALS COMMISSION MEETING, OCTOBER 9, 1979PAGE 5 the required 35 feet, to 25 feet on Lot 1, Block 2, Heather Hills Third Addition, and to reduce the front yard setback to 30 feet on Lot 2, Block.2, Heather Hills Third Addition, and reduce the front yard setback to 25 feet on Lot 5, Block 2, Heather Hills Third Addition. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. Chairwoman Schnabel informed Mr. O'Bannon he could apply for his permits immediately since this commission had final action on his requests. 2. REQUEST FOR VARIANCES PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY, TO REDUCE THE SgUARE FOOTAGE REQUIREMENT FOR LOT SIZE FROM THE REQUIRED 9,000 SQUARE FEET TO APPROXIMATELY 7,520 SQUARE FEET, TO ALLOW A LOT SPLIT REQUEST TO SPLIT OFF LOT 1 RT.nrTZ 1_ SHAFFER'S SUBDIVISION #1, LYING EAST OF THE EAST.90 FEET THEREOF, TO ITES ON PARTS OF DIVISION #1, THE SAME BEING 7562 AND 7584 ABLE_ STREET N.E Inc., 3213 Townview Avenue N.E., Minneapolis, MN 55418). 3. SHAFFER'S SUB - Request by Exemplar, MOTION by Mr. Kemper, seconded by Mr. Barna to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE POTION CARRIED UNANIMOUSLY. PUBLIC HEARING OPENED AT 8:00 P.M. Chairwoman Schnabel read the staff report: ADMINISTPATIVE STAFF REPORT 7562 Able Street N.E. 7584 Able Street N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.053, 1, lot area required of not less than 9,000 square feet for a residential lot. B. STATED HARDSHIP: "Lot split into Lot 1 and Lot 2 approved. Requires variance to area requirement. Lot is low (2-3 feet below street grade) and has several feet of peat on top of bearing soil. Established area of smaller homes is not conducive to expensive home on one lot. Property owners within required distance notified of lot split but did not attend Planning Commission meeting." _ :, C. AMINISTRATIVE STAFF REVIBI: Zile lot split request approval was recommended to the City Council by the Planning Commission on September 26, 1979 that would establish these building sites. This land is on the corner of 76th Avenue and Able Street and both building sites would face onto Able Street. The lots would be 94.20*and 93.88 feet deep with 80 foot frontages and the proposed buildings would meet all of the Code requirements for setbacks. The majority of the lots in this area are considerably larger than these would be if the lot split is approved. APPEALS COMISSION MEETING, OCTOBER 9. 1979 PAGE 6 .Mr. Barna pointed out the Block number should be 3 and not 2. Ms. Schnabel asked Mr. Clark for comments. Mr. Clark said his main concern was that all lots in Shaffer's Addition were the same size prior to this lot being split. But since there were no objections.from neighbors, about 2 houses on 1 lot, perhaps that was not a real concern. Ms. Gabel said she understood the neighbors had objected to the previous proposal of a double bungalow. Mr. Clark stated that was true. Ms. Schnabel said she understood public notices were sent out to the neighbors for the lot split that has already been heard before the Planning Commission. Notices are not normally sent out for lot splits. W. Clark said the reason was because the lots would be smaller then the rest of the neighborhood. Ms. Schnabel pointed out the neighbors were properly notified for both the Planning Commission and Appeals Commission meetings and there were no objections. Mr. Plemel asked if these were factory built homes. Mr. Ted Holsten, 3213 Townview Ave. N.E., Mpls., said no. He pointed out the lot widths are 80 feet, but they would not be as deep as usual. Ms. Schnabel asked if the homes would be built at the same time. Mr. Holsten replied the builder, Allan Homes, have one possibly sold at the present time. That one would probably be built first and then the ,second one would be built. Ms. Schnabel asked what the homes would look like. Mr. Holsten presented a plan of the homes. They are 23 feet R 42 feet, 3 bedrooms, with a detached double garage. The price, with the garage, should be around $55,000. He pointed out the area homes are older, the same size or smaller and there are double bungalows across the street. A single home on the one lot would be too expen- sive for the area. Ms. Schnabel asked if the soil would be a problem. Mr. Holsten said he had not had soil tests taken, but from what he observed by digging down 2 to 3 feet, there should be good firm soil. Some of the trees on the lot will have to be removed to get down to that soil. Chairwoman Schnabel asked for further discussion from the commission. W. Kemper said this community needs more inexpensive housing and these should help. He said the petitioner was correct, there was a Catch-22 system here. 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IST iI �=o �../S6Zp=.� .o v � e� o� i:z �v wo M „*O,/O O S Zig, r -99LSF ZZ~ON vo14141PO s:OfPIIV' `FL /07 !O /WJOOZ /saM.9g1 JO aui! /soa a4U I oo •.•.,,•� s I M I ch ' I 1 -99LSF ZZ~ON vo14141PO s:OfPIIV' `FL /07 !O /WJOOZ /saM.9g1 JO aui! /soa a4U A d - STATE OF 11INNESOTA APPEALS COMMISSION PROCEEDINGS CITY OF FRIDLEY (;2123® In the Matter of request to reduce the front yard setback from the required 35 feet to 30 feet to VARIANCE allow the construction of a new dwelling at 1480 Rice Creek Drive N.E. Star Homs Ltd. Owner 7691 -Central Avenue N.E. The above entitled matter came before the Appeals Commission of the City of Fridley and was heard on on the 14th day of June , 19_.83_, on a petition for a variance pursuant to the City of Frid ey s Zoning Ordinance, for the following described property: Lot 2, Block 2, Heather Hills Third Addition IT IS ORDERED that a.variance be granted as upon the following conditions or reasons: As per Appeals Commission minutes of June 14, 1983 on file at the Fridley City Hall. STATE OF MINNESOTA ) COUNTY OF ANOKA ) ss. CITY OF FRIDLEY ) DATED this day of CHAIRPERSON, PATRICIA GABEL 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 he .ity of Fridley, Minnesota, in the County of Anoka on the J day of 19. DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 SIDNEY C.%4NHAN, CITY CLEI Variances are valid fora period of one year following approval and;-sbilI.l be %F`�. considered void if not used within that period. a �' ('SEAL) �` Appeals Commission Meeting — June 14, 1983 Page 2 C. ADMINISTRATIVE STAFF REVIEW: This request is similar to the houses at 1490 A 1480 Rice Creek Drive, which have gotten variances of 30 feet and 25 feet respectively. The conditions here do pose a difficult problem for the petitioner and the Public purpose served by the 35 foot setback has been altered due to previous variances which were granted on this block. The staff has no stipulations to add to this variance if the Board approves this request. Mr. Steve Butgusaim and Mr. Ken Thornton, Star Homes, were present for this item. The Appeals Commission minutes of October 9, 1979 were referred to and Mr. Clark stated that nothing has really changed to alter the physical conditions in the area. Mr. Butgusaim 'said the plans for the homes were being designed and did not have a plan present. He said they will fit very nicely in the neighborhood and will utilize the lots as best as possible. He further stated there is high terrain in the back and they will make the front yard setback even with the homes in the area and to continue what is in the neighborhood. Ms. Gabel asked if they had buyers for the homes and Mr. Butgusaim said not at the present time. Ms. Gabel stated most of the Commission members realize the problems in the area and the other variances that have been granted; that the hardship is because of the terrain. MOTION by Mr. Plemel, seconded by Mr. Barna, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. NOTION by Mr. Plemel, seconded by Mr. Betzold, to approve the variance request to "` reduce the required 35 feet, to 25 feet on Lot 1, Block 2, Heather Hills Third Addition, the same being 1490 Rice Creek Drive N.E., and to reduce the front yard setback to 30 feet on Lot 2, Block 2, Heather Hills Third Addition, the same being 1480 Rice Creek Drive N.E., to allow the construction of two new dwellings on the above mentioned property. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL , DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. VARIANCE REQUEST PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY CODE, TO REDUCE THE REQUIRED SIDE YARD ON A CORNER LOT FROM 17.5 FEET TO 10t FEET TO ALLOW CONSTRUCTION OF A SCREEN PORCH ON THE SIDE OF AN EXISTING STRUCTURE ON LOTS 19, 20,21 AND 22, BLOCK L. RIVERVIEW HEIGHTS ADDITION, THE SAME BEING 7995 BROAD AVE. N.E. Request by Roma Eastwood, 7995 Broad Ave. N.E., Fridley, MN 55432) NOTION by Mr. Betzold, seconded by Mr. Plemel, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC HEARING OPEN AT 7:45 P.M. Chairperson Gabel read the Staff Report: ADMIBISTRATIVS STAFF REPORT 7995 Broad Avenue N.Z. A. PDBLIIC PURPOSE SERVED BY REQUIREMENT: Section 205.053, 4B, #5a, requires a minimum side yard width of 17.5 feet on the street side of a corner lot. 621.230 -o Rix .r''►..1:�1� UFFICE OF COUNTY RECORDER NATE OF MINNESOTA, COUNTY OF ANOKA I hereby certify that the within instrw i rent was filed in thhiiis3 office for recor6 AUG 15®n the. -D., 19 4r'r O oQclock i -M., and was duly recordad [n book -Page T REly L� der Duty City of Fridley 6431 University Ave. N.E. Fridley, HN 55432 Surveyors Certificate COMSTOCK & DAVIS, INC. Consulting Engineers and Land Surveyors 1446 County Road J, Mpls., Minn. 55432, 784-9346 Lot 2, Block 2, Mr. Mike O'Bannon Heather Hills Third Addition ' 5209 Fillmore Street N.E. Fridley, Minnesota Minneapolis, Minnesota 55421 o, d=!/°03'3'' underground ufil��y easement o h 0 O N a�rginttye easemefll 75.00 — f � LEGLE DESCRIPTION: Lot 2, Block 2, Heather Hills Third Addition, Anoka County, Minnesota. SCALE: /" e SO' o devofes iron monument I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the laws of the State of Minnesota. - 10992 iz//o/76 Reg. No. Date Job No.