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VAR 06.83-- 4 City of Fridley VI -f- Uta • F> t 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. POLL CALL: Members Present: Patricia Gabel, Alex Barna, Jim Plemel, Donald Betzold Members Absent: Jean Gerou Others Present: Darrell Clark, City of Fridley Charles Peugh (Signcrafters), 7775 Main Street Leonbxd A. Moore, Jr., 6301 Riverview Terrace Roma Eastwood, 7995 Broad Avenue N.E. Ken Thornton, 5571 E. Bavarian Pass Steve Butgusaim, 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 FRI_DLEY CITY CODE, 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 REDUC 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 (Request by Star Homes Ltd., 7691 Central Ave. N.E., Fridley, HN 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.N. Chairperson Gabel read the Staff Report: ADMINISTRATIVE STAFF REPORT 1480 - 1490 Rice Creek Drive N.R. A. PUBLIC PURPOSE SERVED BY REQUIREM>EAT: Section 205.052E #AE 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 neigbbor'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.* Appeals Commission Meeting — June 14, 1983 Page 2 C. ADKINISTRATIVE STAFF RBYIEY: This request is similar to the houses at 1490 i 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. 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. NOTION by Mr. Plemel, seconded by Mr. Barna, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE NOTION 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 10* 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, NN 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 STAFF REPORT 7995 Broad Avenue N.Z. A. PUBLIIC PURPOSE SERVED BY REQUIREK WT: Section 205.053, BB, I5a9 requires a minimum side yard width of 17.5 feet on the street side of a corner lot. ` STAVE OF`'MINNESOTA CITY OF FRIDLEY In the Matter of a request to reduce the front yard 6219 APPEALS COfflISSION PROCEEDINGS setback from the required 35 feet t0feet VARIANCE to allow the construcion of a dwelling at 1490 Rice Creek Drive N.E. Star Homes Ltd. Owner 7609 Central AVenue M.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 r inance, for the following described property: Lot 1, Block 2, Heather Hills Third Addition IT IS ORDERED that a variance be granted as upon the following conditions or reasons: As per minutes of the Appeals Commission dated June 14, 1983 on file at Fridley City Hall DATED this day of , 19 CHAIRPERSON, PATRICIA GABEL STATE OF MINNESOTA COUNTY OF ANOKA ) ss. OFFICE OF THE CITY CLERK CIT'r OF FRIDLEY ) 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 subscr bedRlY hand at he Sity of Fridley, Minnesota, in the County of Anoka on the _1&44 day of 193. DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 SIDNEY C. HAN, CITY,G.L Variances are valid for a period of one year following approval andASho11 tae J© considered void if not used within that period. F Appeals Commission Meeting — June 14, 1983 Page 2 C. ADMINISTRATIVE STAFF REVIEW: This request is similar to the houses at 1090 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. NOTION 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) MOTION by Mr. Betzold, seconded by Mr. Plemel, to open the p lic hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THEI,PUBLIC HEARING OPEN AT 7:45 P.M. Chairperson Gabel read the Staff Report: ADKINISTRATIVE STAFF REPORT T995 Broad Avenue N.E. A. PUBL11C PURPOSE SERVED B? RSQUIRZKCNT: Section 205.053. 42, I5a, requires a minimum side yard width of 17.5 feet on the street side of a corner lot. r I 62.229 MICE OF COUNTY RECORDLk NATE OF MINNESOTA, COUNTY OF ANOKA I hereby certify that the within instm Int wasA,fj dIit Wfficefor record Dn the U 33 �.D., 19 %;�(—)o¢clocWD—M., and was duly recordad In boot page— or or ageordor DW City off. Fridley 6431 div -r -city Fridley o-3, 55432 Z . lip A k, T 0A u(:! :�! • ' 'iia - it �R• GRED i --# 8 8' L+r., 3 w E 75.00' HCOUSE LOCAT \ON Fo Fc STAR HOMES ?6q1 OLD CENTRAL- AvE. FR�O L_E`C MN. 5 51*3 2 /''qe) Let C: to A e- LDF-SC.FZ\P'C101y L0T 1, BL.Cc.K Z.? Y18ATHER H�I..LS THIR'� %�Cp1Tl01V� A1.i0YtA COUM-,C`C, MINMIL%OTA. O U£NOPtS IRON M -M. SET 9 0 b Sc^I-rl V a 50' I hereby certify that this survey, plan plat, preliminary plat 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 innesota .. /o3' 7- _ z�,�y8� 4rMisx Reg. No. Date Job No. Book No.