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VAR 09.85COMMISSION APPUCATION REVIEW rm Department CITYOF Planning IFRIDLEY File Address/Description 6211 Riverview Terr.reduce rear yard from 32' to 14.7 11 EOW - NumberAfla Date Mestln8 Date 71 I9-20-85 10-15-85 COMPLETE REVIEW CHECKLIST RETURN TO PLANNING COMMENTS CITY OF FRIDLEY 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 (612)571-3450 VARIANCE REQUEST FORM VARIANCE FEE (0-00 RECEIPT # I U SCHEDULED APPEALS NEEME DATE PROPERTY INFORMATION PROPERTY AMU SS !p 6? // W w TF ofR LFGAL DESCRIPTION: LOT if STACK 9 ZRACrfADDITIDN J'U k f — c9lVy A .O li 1 ;: o oV VARIANCE REQUEST(S): Attach a plat or survey of the property showing building, variance (s) , where applicable. Section of the Code: List specific hardship(s) which require the variance(s): k OWNER INFORMATION NAME (please print) f ,�',O 1Y0, -,%V0 &44N,� HONE ADMESS 4P'yogtz SIGNATURE. DATE !�Za-® PETITIONER INFORMATION NAME (please print) SAMZ- 457 AAL t- PHONE SIGNATURE APPEALS WN14ISSION: APPROVED CITY COUNCIL: APPROVED STIPULATIONS: 4-11 FM CITY USE COY Notification of petitioner and property owners within 200 feet: Name/Address Date notified Theodore Burandt, 6211 Riverview Terrace, Fridley, MN 55432 10-04-85 George M. Arnold, 6201 Riverview Terrace, Fridley, MN 55432 I " Robert J. Carlson, 151 62nd Way, Fridley, MN 55432 I Daniel D. Vietzke, 141 62nd Way, Fridley, MN 55432 "( I " Wallace T. Sele, 131 62nd Way, Fridley, MN 55432 I " Hilbert L. Voight, 6210 Alden Way, Fridley, MN 55432 , Glenn S. Engstrom, 6260 Alden Way, Fridley, MN 55432 " I Donald R. Odland, 6244 Alden Way, Fridley, MN 55432 I Joel W. Gerdeen, 6240 Alden Way, Fridley, MN 55432 I " I John P. Pedersen, 6220'A1den Way, Fridley, MN 55432 I Donald G. Wandzell, 6261 Riverview Terrace, Fridley, MN I 55432 I Bruce A. Johnson, 6245 Alden Way, Fridley, MN 55432 I I Y.A. Korsunsky, 6241 Alden Way, Fridley, MN 55432 I " I James E. Walker, 6231 Alden Way, Fridley, MN 55432 I " I Austin M. Peterson, 6230 Riverview Terrace, Fridley, MN I" 55432 I LeRoy H. Winner, 6250 Riverview Terrace, Fridley, MN 55432 I Allen C. Mattson, 6270 Riverview Terrace, Fridley, MN I' 55432 I Ronald C. Enrooth, 6210 Riverview Terrace, Fridley, MN 55432 I " Stan Jakus, 160 62nd Way, Fridley, MN 55432 I I Byron B. Davis, 170 62nd Way, Fridley, MN 55432 I I Richard G. Jackson, 180 62nd Way, Fridley, MN 55432 " I Cecil C. Gibson, 190 62nd Way, Fridley, MN 55432 I I Gregory D. Potasek, 310 62nd Way, Fridley, MN 55432 I I Richard H. Harris, 6200 Riverview Terrace, Fridley, MN 55432 Bernard H. Becker, 150 62nd Way, Fridley, MN 55432 I " Richard P. Steele, 140. 62nd Way, Fridley, MN 55432 " Thomas R. Marchiafava, 130 62nd Way, Fridley, MN 55432 I ' a STATE OF MINNESOTA CITY OF FRIDLEY 696819 F1APPEALS CO11iISSION PROCEEDINGS In the Matter of variance 1 -orated on Lot 6 Block 2. Juli-Ann Addition, thesame bein9 6211 VARIANCE The above entitled matter came before the Appeals Commission of the City of Fridley and was heard on on the 15th day of October , 19 85 , on a petition for a variance pursuant to the City of Frid ey s oningr inance-,7or the following described property: Consideration of a variance request pursuant to Chapter 205 of the Fridley City Code, to reduce the rear yard setback from 32 feet to 14.7 feet to allow the construction of a living area addition on Lot 6, Block 2, Juli-Ann Addition, the same being 6211 Riverview Terrace N.E. IT IS ORDERED that a variance be granted as upon the following conditions or reasons: See Appeals minutes of October 15, 1985. STATE OF MINNESOTA ) COUNTY OF ANOKA } ss. CITY OF FRIDLEY ) 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 the City of Fridley, Minnesota, in the County of Anoka on the Z z day of T_)CCej1'nW-j!f: . 19AL. DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 RICHARD PRIBYL - ACTING-.) VCLtkk Variances are valid for a period of one year following approval and 5tall be considered void if not used within that period. ( SEAL)" P CITY OF FRIDLEY APPEALS COMMISSION MEETING, OCTOBER 15, 1985 CALL TO ORDER: Chairperson Gabel called the October 15, 1985, Appe s Commission meeting to order at 7:35 p.m. ROLL CALL: Members Present: Pat Gabel, Alex Barna, Ji Plemel, Donald Betzold Members Absent: Jean Gerou Others Present: Darrel Clark, City. Fridley Theodore Burandt, 11 Riverview Terrace N.E. Dennis Wood, 7571 Alden Way N.E. Norm Brody, 223 North Hamline Ave., St. Paul 55113 Donald & Mary andry, 6597 Pierce St. N.E. Gerald Pasch e, 7970 University Ave. N.E. William & rge Remarke, 510 Cheri Lane N.E. See attac d list ... ..... . . ..... ..... ...... APPROVAL OF SEPTEMBER'1 _,'1985,'APPEALS'COMMISSION'MINUTES: MOTION BY MR. BETZO , SECONDED BY MR. BARNA, TO APPROVE THE SEPT. 17, 1985, APPEALS COMMIM INUTES AS WRITTEN. UPON A VOICELL VOTING AYE, CHAIRPERSON GABEL DECLARED THE MOTION CARRIED UNANOLD BUSINESSD'FROM THE'SEPTEMBER'17TH MEETING 1. CONS ID RATION OF A VARIANCE. REQUEST-PURSUANT-TO-CHAPTEk-Z?a.'-OF, �-FRIDLEY Tmues y avi on rlc ony roo ay ri ey, n. 32) to remain on the table. NEW'BUSINESS: ... ............ ...... ............ 2.: 'CONSIDERATION'OF:.A.'-VAR.IANCE'.RE UEST.:PURSUANT.'.TO.-CHAPTER.:2M.:OF.:THE.FRIDLEY ` ITI -ANN Request by eo ore uran —and Charlotte Burandt, 6211 RiveWfi& Terrace N.E., Fridley, Mn. 55432) APPEALS COMMISSION'MEETING;'OCTOBER'15' 1985 " ......PAGE 2 MOTION BY MR. BARNA, SECONDED BY MR. BETZOLD, 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 Administrative Staff Report: ADMINISTRATIVE STAFF REPORT 6211 Riverview Terrace N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.07.3D.3a requires a rear yard setback of not less than 25 percent.of the lot depth, with not less than 25 feet permitted or more than 40 feet required for the main building. Public purpose served by this requirement is to provide rear yard space to be used for green areas which enhance the neighborhood. B. STATED HARDSHIP: "Grandmother is 85 years old and cannot use stairs. She wall be moving in January 1, 1986." C. ADMINISTRATIVE STAFF REVIEW: Petitioner wants to add a room onto the rest of the existing home. The desired addition would reduce the rear yard from the required 32 feet to 14.7 feet. If the Board approves this request, staff has no stipulations to suggest. Mr. Clark stated the Commissioners had an aerial photo which showed the house and the adjoining structures. The neighbor immediately behind the petitioner had come into the office inquiring about the proposal. He was planning to build a detached garage in the near future, and his only concern was whether Mr. Burandt°s addition would have any affect on his building a garage. Mr. Clark stated he had assured the neighbor it would not. Mr. Burandt stated they have an existing three -season porch on that end of the house right now with a flat roof. He planned to tear off the porch and expand and put a gable into the roof. The addition would be a 14 ft. by 14 ft. family room. Because his grandmother who will be living with them cannot climb up and downstairs, this will give her a family room area on the first floor. MOTION BY MR. BARNA, SECONDED BY MR. BETZOLD, TO CLOSE THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC HEARING CLOSED AT 7:43 P.M. APPEALS COMMISSION MEETING;'OCTOBER'15,''1985 ''" . " .." " " " " " " .PAGE'3 Mr. Betzold stated he was not sure the hardship as stated was very clearly defined. What the petitioner was proposing would take up,most of the existing back yard; however, on this.particular block, there are about ten homes that share what is one large common back yard. He did not recall seeing any other property like this in the city. When he looked at the property, he felt it would not be offensive to add on to the back of the house because the petitioner was clearly not enfringing upon anyone else's area. The closest house was pretty far away. From that circumstance, the proposal was well within the code's intent. Because of the uniqueness of the lot, he would be in favor of the variance as requested. Mr. Barna stated that if the one neighbor most affected had no objection, and as Mr. Betzold had point out, this was a unique situation, he would have no objection to the variance. Mr. Plemel and Ms. Gabel stated the did not object to the variance request. MOTION BY MR. BETZOLD, SECONDED BY MR. BARNA, TO APPROVE A VARIANCE REQUEST PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY CODE TO REDUCE THE REAR YARD SETBACK FROM 32 FEET TO 14.70 FEET TO ALLOW THE CONSTRUCTION OF A LIVING AREA ADDITION ON LOT 6, BLOCK 2, JULI—ANN ADDITION, THE SAME BEING 6211 RIVERVIEW TERRACE N. E. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. CONSIDERATION OF A VARIANCE REQUEST PURSUANT TO CHAPTER 205 OF THE AIDLEY PLAT 2; ' THE' S Alden Way . , Fridley, Mn 55432) MOTION BY MR. PLEMEL, SECONDED BY MR. BETZOLD, UPON A VOICE VOTE, ALL VOTING AYE, HEARING OPEN AT 7:46 P.M. y UeX! s wood, THE PUBLIC HEARING. GABEL DECLARED THE PUBLIC Chairperson Gabel read the AdminJistr ve Staff Report: ADMINIS TIVE STAFF REPORT 7 Alden Way N.E. A. PUBLIC PURPOSE SERVE 9sBY REQUIREMENT: Section 205.07 .1 requires a front yard with a depth -of not less than thirty- ve (35) feet. Public rpose served by this requirement is to allow for'off-street parki without encroaching on the public right of way and also for aes etic consideration to reduce the building "line of sight" croachment into the neighbor's front yard. Numerical Grantor Grantee Recorded Checked Margin Tr. Index OFFICE OF COUNTY RECORDER SIATE OF MINNESOTA, COUNTY OF ANOKA 1 hereby certify that the within instru- on a �it was tded in this office for record •lAM 31986 �'clock M., and was duly reeorded Byr � CITY OF FRIDLEY APPEALS COMMISSION MEETING, OCTOBER 15, 1985 CALL TO ORDER: Chairperson Gabel called the October 15, 1985, Appeals Commissio meeting to order at 7:35 p.m. n^1 1 ^A1 1 _ Menbers Present: Pat Gabel, Alex/niversity Jim Plemel, Do ald Betzold Members Absent: Jean Gerou Others Present: Darrel Clark, Cridley Theodore BurandRiver iew Terrace N.E. Dennis Wood, 75of W N.E. Norm Brody, 223H line Ave., St. Paul 55113 Donald & Mary L97 Pierce St. N.E. Gerald Paschke,iversity Ave. N.E. William & Marge, 510 Cheri Lane N.E. See attached li APPROVAL OF SEPTEMBER 17, 1985ZAPPEALS'COMMISSION'MINUTES: - z MOTION BY MR. BETZOL-DSEC DED BY MR. BARNA, TO APPROVE THE SEPT. 17, 1985, APPEALS COMMISSION MI AS WRITTEN. UPON A VOICE VOTIALTING AYE, CHAIRPERSON GABEL DECLARED THE MOTION CARRIED UNANIMOUOLD BUSINESS: TM THE SEPTEMBER'17TH MEETING 1. CONSIDERA ON OF A VARIANCE'REQUEST'PURSUANT TO -CHAPTER -205 OF'-Tf#E FRIDLE CITY CODE TO kRecruest by David Kondrick, Item to r main on the table. NEW BUSINESS. 2. CONSIDERATION OF.--A--VARIANCE'. ADD ITID, ' E S Theodore Burandt and Char o Fridley, On. 55432) ��� v�any wv ori v���vnvvr� nrir n.�• rook ay ri ey, n. 32) IEST.'.PURSUANT..TO.:CHAPTER.,205.'OF::THE. FRIDLEY ...... Z JUL I -ANN Request by Iuran iverview Terrace N.E., APPEALS COMMISSION MEETING, OCTOBER 15, 1985 PAGE 2 MOTION BY MR. BARNA, SECONDED BY MR. BETZOLD, 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 Administrative Staff Report: ADMINISTRATIVE STAFF REPORT 6211 Riverview Terrace N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.07.3D.3a requires a rear yard setback of not less than 25 percent of the lot depth, with not less than 25 feet permitted or more than 40 feet required for the main buildi'nq. Public purpose served by this requirement is to provide rear yard space to be used for green areas which enhance the neighborhood. B. STATED HARDSHIP: "Grandmother is 85 years old and cannot use stairs. She will be moving in January 1, 1986." C. ADMINISTRATIVE STAFF REVIEW: Petitioner wants to add a room onto the rest of the existing home. The desired addition would reduce the rear yard from the required 32 feet to 14.7 feet. If the Board approves this request, staff has no stipulations to suggest. Mr. Clark stated the Commissioners had an aerial photo which showed the house and the adjoining structures. The neighbor immediately behind the petitioner had come into the office inquiring about the proposal. He was planning to build a detached garage in the near future, and his only concern was whether Mr. Burandt's addition would have any affect on his building a garage. Mr. Clark stated he had assured the neighbor it would not. Mr. Burandt stated they have an existing three -season porch on that end of the house right now with a flat roof. He planned to tear off the porch and expand and put a gable into the roof. The addition would be a 14 ft. by 14 ft. family room. Because his grandmother who will be living with them cannot climb up and downstairs, this will give her a family room area on the first floor. MOTION BY MR. BARNA, SECONDED BY MR. BETZOLD, TO CLOSE THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC HEARING CLOSED AT 7:43 P.M. APPEALS COMMISSION MEETING,'OCTOBER 15:-1985 PAGE 3 Mr. Betzold stated he was not sure the hardship as stated was very clearly defined. ;What the petitioner was proposing would take up most of the existing back yard; however, on this particular block, there are about ten homes that share what is one large common back yard. He did not recall seeing an other property like this in the city. When he looked at the property, he felt it would not be offensive to add on to the back of the house becuse the petitioner was clearly not enfringing upon anyone else's area. Th closest house was pretty far away. From that circumstance, the proposal has well within the code's intent. Because of the uniqueness of the lot, he would be in favor of the variance as requested. Mr. Barna stated that if the one neighbor most affected had no objection, and as Mr. Be zold had point out, this was a unique situation, he would have no objection to the variance. Mr. Plemel and Ms. Gabel stated the did not object to the variance request. MOTION BY!MR. BETZOLD, SECONDED BY MR. BARNA, TO APPROVE A VARIANCE REQUEST PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY CODE. TO REDUCE THE REAR YARD SETBACK FROM 32 FEET TO 14.70 FEET TO ALLOW THE CONSTRUCTION OF A LIVING AREA ADDITION ON LOT 6, BLOCK 2, JULI—ANN ADDITION, THE SAME BEING 6211 RIVERVIEW TERRACE NLE. UPON A VO CE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. CONSIDERATION OF A VARIANCE REQUEST PURSUANT TO CHAPTER 205 OF THE FRIDLEY .t. (Keques n ways. t. , r rl a i ey, ren MOTION BY MR.MEL, SECONDED BY MR. BETZOLD, TO OPEN THE PUBLIC HEARING. UPON A VO CE VOTE, VOTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC HEARING OPEN AT 7:46 P. Chairperson Gabel read the A `nistrative Staff Report: ADMINISTRA May TAFF REPORT 7571 AldN.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Sectin 205.07.3D.I requires a front yard wit a depth of not less than �hirty-five (35} feet. Publi: purpose served by this requirement is to all o or off-street parki g without encroaching on the public right of way a also for aesth tic consideration to reduce the building "line of sig " encro chment into the neighbor's front yard. APPEALS COMMISSION MEETING;'OCTOBER 150-1985 PAGE 4 B. STATED HARDSHIP: °Permission needed because of family members handicap and security of b�siness supplies." C. ADMINISTRATIVE STAFF REVIEW: A previo s owner requested a similar variance in 1967 which was denied. That reque t was for a 13.2 foot setback from Alden Way. There is a 1 foot boulevard on Alden Way which would put the proposed garage approxi ately 23.5 feet from the curb. There is room for a detached garage n the east side of the house. This location would not be adjacent to th rear door of the existing house. Ms. Gabel stated that in the agenda was a copy of the public hearing notice with a note attached to t bottom of the notice which stated: "We are opposed to therequested variancel a to the appearance and feel it would affect the property values of the nei;g rhood as well." It was signed by Gladys Silseth and Arthur Silseth. MOTION BY MR. BARNA, SECONDED BY R. BETZOLD, TO RECEIVE THE LETTER DATED OCTOBER 10, 1985, FROM MR. & MRS. LSETH STATING THEIR OBJECTION TO THE VARIANCE. UPON A VOICE VOTE, ALL VOTING AYE, CARRIED UNANIMOUSLY. GABEL DECLARED THE MOTION Mr. Clark stated the Commissioners had a picture of the house where the garage was proposed and an aerial photo of the propetIty. He stated Mr. & Mrs. Silseth live at 7521 Alden Way which is three houses to the south. Mr. Clark stated that as stated in the staff reporlt, there was a similar request which was denied in 1967. A copy of the Sept. 27, 1\whi minutes were included in the agenda. Also stated in the staff report was act that there was room for a detached garage on the east side of the 'house would require no variance. Mr. Dennis Wood stated he had prepared some booklets which xplained the proposed construction. On one page was a drawing drafted by an engin Bring firm showing the site lines as the driver would be approaching Alden Way o Rickard Road and showing the proposed new construction from the curb line. Ther was approxi- mately 31 ft. to the closest corner of the proposed garage. Mr. Clark stated that the original petition was for a detached garaq 6 ft. away from the house. Was the request changed to an attached garage? ,\ Mr. Wood stated the proposed garage would be attached to the house. CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE (612) 571-3450 NOTICE OF PUBLIC HEARING Notice is hereby given that the Appeals Commission of the City of Fridley will conduct a Public Hearing in the City Council Chambers at 6431 University Avenue Northeast at 7:30 p.m. on Tuesday, October 15 ,1985 in regard to the following matter: Consideration of a variance request pursuant to Chapter 205 of the Fridley City Code, to reduce the rear yard setback from 32 feet to 14.70 feet to allow the construction of a living area addition on Lot 6, Block 2, Juli-Ann Addition, the same being 6211 Riverview Terrace. 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. Item #2, October 15, 1985 ADMINISTRATIVE STAFF REPORT 6211 Riverview Terrace N.E. Section 205.07.3D.3a, requires a rear yard setback of not less than 25 percent of the lot depth, with not less than 25 feet permitted or more than 40 feet required for the main building. Public purpose served by this requirement is to provide rear yard space to be used for green areas which enhance the neighborhood. B. STATED HARDSHIP: "Grandmother is 85 years old and can not use stairs. She will be moving in January 1, 1986." C. ADMINISTRATIVE STAFF REVIEW: Petitioner wants to add a room onto the rear of his existing home. The desired addition would reduce the rear yard from the required 32 feet to 14.7 feet. If the Board approves this request, staff has no -stipulations to suggest.