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VAR 06-84CITY OF FRIDLEY, MINNESOTA COMPLETE REVIEW CHECKLIST RETURN TO PLANNING JIM Darrel Mark Clyde � John Leon COMMISSION APPLICATION REVIEW 0 y E3 O i A S CA FI TE DUE_ E COMMENTS 43 ' STATE OF MINNESOTA CITY OF FRIDLEY In the Matter of variancefor a rear yard setback to allow the construction of a deck-sunroom at 8131 Ruth Circle N.E. APPEALS COWiISSION PROCEEDINGS Allen Blomker Owner VARIANCE The above entitled matter came before the Appeals Commission of the City of Fridley and was heard on on the 24tb day of EIP-, 19�g pL.,__, on a petition for a variance pursuant to the City of Frid ey s Zoning r inance-,- or the following described property: Lot 7, Block 5, Bourdeaux's Spring Brook Park Addition IT IS ORDERED that a variance be granted as upon the following conditions or reasons: See Appeals Commission minutes of June 26, 1984 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 IJday of , 19 DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 Variances are valid for a period of considered void if not used within SI NEY. r.q' I. . CI a ° .RK' one year followi,.r� ;app �v'a' ani sha' be that period. = � 9� (SEAL) M APPEALS COMMISSION MEETING JUNE 25 1984 PAGE 6 C. ADMINISTRATIVE STAFF REVIEW: If the Board recommends approval on this request, the staff would suggest that the petitioner submit a landscaping plan indi ting the type and location of all ground cover; emphasisshoo be given towards perimeter screening. W. Clark stated the Kayo Oil Company (Western Stores) is equesting a 10 foot green strip setback along University Avenue instea of 20 feet. He stated, din conjunction with this variance, Kayo would dd green area which is now blacktopped and install landscaping around th perimeter of the property. Mr. Clark submitted a drawing indicati/eedto he new curbing would be placed and the pump island for trucks. Mr. Ingram stated they have no diesel is location and wish to put in an island for this purpose, butiden the drive. W. Ingram stated Bachman's was dr a ing up a landscaping plan to meet the City's requirements. Ms. Gabel pointed out they woul be losing about five parking spaces. W. Ingram stated they are n7 short of parking and would meet the re- quirements of the code. WTION BY MR. PLEMEL, SECpDED BY Mot. BARNA, TO CLOSE THE PUBLIC HEARING. UPON A VOICE VOTE, ALOTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC HEARING CLOSED AT 8:11V P. M. MOTION BY MR. BARW. SECONDED BY MS. GEROU, TO RECOMMEND APPROVAL OF THE VARIANCEPURHUANT 0 CHAPTER 205 OF THE FRIDLEY CITY CODE, TO REDUCE THE REQUIRED 20 FOOT SETBACK FOR GREEN AREA TO 10 FEET SO THE DRIVEWAY CAN BE WIDENED ON LOT , BLOCK 1, COMMERCE PARK ADDITION, THE SAME BEING 7600 UNIVERSITY AV N. E., WITH THE STIPULATION THAT A LANDSCAPE PLAN BE SUBMITTED TO CITY STAFF AND THAT THE PETITIONER WORK WITH STAFF ON THE LANDSCAPING UPON A VOCE VOTE, ALL VOTING AYE, CHAIRPERSON GABEI DECLARED THE MOTION CARRIED ANIMOUSLY. Ms. Gabel stated this item would go to the City Council on August 6, 1984. 4. REQUEST FOR A VARIANCE PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY CODE, CONSTRUCTION OF A 12 FOOT x 15 FOOT DECK ON LOT 7. BLOCK 5. BOURDEAUX' SPRING BROOK PARK ADDITION. THE SAME BEING 8131 RUTH CIRCLE N. E. (Request by Allen Blomker, 8131 Ruth Circle, Fridley, MN 55432). r ' APPEALS COMMISSION MEETING JUNE 25 1984 PAGE 6 C. ADMINISTRATIVE STAFF REVIEW: If the Board recommends approval on this request, the staff would suggest that the petitioner submit a landscaping plan indi ting the type and location of all ground cover; emphasisshoo be given towards perimeter screening. W. Clark stated the Kayo Oil Company (Western Stores) is equesting a 10 foot green strip setback along University Avenue instea of 20 feet. He stated, din conjunction with this variance, Kayo would dd green area which is now blacktopped and install landscaping around th perimeter of the property. Mr. Clark submitted a drawing indicati/eedto he new curbing would be placed and the pump island for trucks. Mr. Ingram stated they have no diesel is location and wish to put in an island for this purpose, butiden the drive. W. Ingram stated Bachman's was dr a ing up a landscaping plan to meet the City's requirements. Ms. Gabel pointed out they woul be losing about five parking spaces. W. Ingram stated they are n7 short of parking and would meet the re- quirements of the code. WTION BY MR. PLEMEL, SECpDED BY Mot. BARNA, TO CLOSE THE PUBLIC HEARING. UPON A VOICE VOTE, ALOTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC HEARING CLOSED AT 8:11V P. M. MOTION BY MR. BARW. SECONDED BY MS. GEROU, TO RECOMMEND APPROVAL OF THE VARIANCEPURHUANT 0 CHAPTER 205 OF THE FRIDLEY CITY CODE, TO REDUCE THE REQUIRED 20 FOOT SETBACK FOR GREEN AREA TO 10 FEET SO THE DRIVEWAY CAN BE WIDENED ON LOT , BLOCK 1, COMMERCE PARK ADDITION, THE SAME BEING 7600 UNIVERSITY AV N. E., WITH THE STIPULATION THAT A LANDSCAPE PLAN BE SUBMITTED TO CITY STAFF AND THAT THE PETITIONER WORK WITH STAFF ON THE LANDSCAPING UPON A VOCE VOTE, ALL VOTING AYE, CHAIRPERSON GABEI DECLARED THE MOTION CARRIED ANIMOUSLY. Ms. Gabel stated this item would go to the City Council on August 6, 1984. 4. REQUEST FOR A VARIANCE PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY CODE, CONSTRUCTION OF A 12 FOOT x 15 FOOT DECK ON LOT 7. BLOCK 5. BOURDEAUX' SPRING BROOK PARK ADDITION. THE SAME BEING 8131 RUTH CIRCLE N. E. (Request by Allen Blomker, 8131 Ruth Circle, Fridley, MN 55432). r APPEALS COMMISSION MEETING, JUNE 26, 1984 PAGE 7 MOTION.BY M. GEROU, SECONDED BY Mt. BARNA, TO OPEN THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC HEARING OPEN AT 8:20 P. M. Chairperson Gabel read the Administrative Staff Report: ADMINISTRATIVE STAFF REPORT 8131 Ruth Circle N. E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.04.6A.3, allows a deck to extend up to ten feet into a required rear yard. Public purpose served by this requirement is to allow use of a required rear yard while still maintaining aesthetically pleasing open areas around residential structures. B. STATED HARDSHIP: "Our specific hardship in designing our sun room deck is meeting Federal and State passive solar energy tax credit guidelines. The energy tax requirement is "the area of glazing shall exceed the lesser of 15% of the floor area of the room in which the glazing is �- installed or 8% of the floor area of the habitable rooms within the dwelling uait". Our desire for a sun room deck with a dimension of 15' x 12' totals 180 square feet of floor space, making our require- ment of glazing surface a minimum that must exceed 27 square feet. Our proposed plan is to obtain at least 20% of glazing (36 sq. ft.) which will make our passive solar system more effective. Obtaining the solar energy tax credit is a necessity in helping us reduce our cost in constructing our sun room deck. The addition of this room will also give our family a second emer- gency exit in case of a fire. C. ADMINISTRATIVE STAFF REVIEW: To the rear of this property is a City park. Some of the park activities include the use of flying objects such as balls and pucks. While the City's Park Director doesn't see the sun porch as a visual problem, he does see it as a vulnerable hazard for various park activities. Therefore, if the Board approves this request, it should be stipulated that the City will not be responsible for any damage that may occur due to park activities. This stipulation should be part of an agree- ment that shall be recorded at the County Recorder's office. M , ~ APPEALS COMMISSION MEETING. JUNE 26, 1984 PAGE 8 W. Clark presented an aerial photo of the property and pointed out the location of the home in relation to the park. W. Clark stated it was felt because of the encroachment into the required kear yard, the City shouldn't'be responsible if any damage should Occur to the Blomker's property due to park activities, Mr. Blomker stated, in order to obtain credit for solar energy, certain requirements must be met and they wish to construct the sunroom to meet this criteria. Mrs. Blomker stated there is no other entrance or exit to their home except through the front door and with the addition of this room, it will give their family a second emergency exit. Mr. Barna questioned why the variance was for a deck rather than additional living space. Mr. Clark stated the variance should be for additional living space. Ms. Gabel asked W. and Mrs. Blomker if their neighbors were aware of this addition and if they were told it would be a deck or a sunroom. Mrs. Blomker stated their adjacent property owners are aware they are going to build and know it will be a sunroom. , Ms. Gabel stated she didn't have any problems with the sunroom, but if the public hearing notice indicated a deck was going to be constructed, she questioned if this would be a problem. Mr. Clark stated it might be well to continue the public hearing or obtain statements from the neighbors indicating they are aware the Blomker's are constructing a sunroom. MOTION BY Mit. BARNA, SECONDED BY MS. GEROU, TO CLOSE THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC HEARING CLOSED AT 8:35 P. M. Ms. Gabel questioned the concept of solar energy devices in relation to variances. Mr. Clark stated solar energy devices would constitute a hardship in obtaining variances to City setbacks. Mr. Barna stated his main concern is they are talking about two different things, a deck and a sunroom. He felt if the variance was approved, the petitioner should bring notorized letters from the adjoining property owners indicating they are aware of the sunroom addition and have no objection, before issuance of a building permit. Ms. Gabel, Ms. Gerou, and W. Plemel didn't feel it was necessary to have the letters from the adjoining property owners notorized, but that they should be submitted prior to issuance of a building permit. APPEALS COMMISSION MEETING, JUNE 26, 1984 PAGE 9 MOTION BY M. BARNA, SECONDED BY M. PLEMEL, TO RECOMMEND APPROVAL OF THE VARIANCE PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY CODE, TO REDUCE THE REAR YARD SETBACK FROM 25 FEET TO 13 FEET TO ALLOW THE CONSTRUCTION OF A 12 FOOT x 15 FOOT DECK-SUNROOM ON LOT 7, BLOCK 5, BOURDEAUX'S SPRING BROOK PARK ADDITION, THE SAME BEING 8131 RUTH CIRCLE N. E., WITH THE STIPULATION THAT A LETTER BE SUBMITTED FROM EACH OF THE ADJOINING PROPERTY OWNERS INDICATING THEY ARE AWARE THIS IS A SUNROOM AND NOT AN OPEN.DECK AND, FURTHER, AN AGREEMENT BY THE PETITIONER IS TO BE RECORDED AT THE COUNTY RECORDER'S OFFICE INDICATING THE CITY WILL NOT BE RESPONSIBLE FOR ANY DAMAGE THAT MAY OCCUR DUE TO PARK ACTIVITIES. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Gabel stated a building permit could be issued upon receipt of these letters from the adjoining property owners. ADJOURNMENT MOTION BY Mot. BARNA, SECONDED BY MS. GEROU, TO ADJOURN THE MEETING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE JUNE 26, 1984, APPEALS COMMISSION MEETING ADJOURNED AT 8:45 P. M. Respectfully submitted, ✓C -a �rCTe'.-sem s�2 tq Carole Haddad Recording Secretary . -'t NurnericaN, Grantor Grantee Recorded Checked Margin — Tr. Index OFFICE OF COMITY RECORDER SLATE OF 1A1NjmE1,R0TA, COUNTY OF ANOKX I I I'*FlebY certify that the within instru-i I Mont in e re office for cor" A. D.' 19 'V duly c 44 on the '4S si cd recorded 00clor.4k In book------. page_ --------- aCoun1Y4,.-,J' By City of Fridley 6431 University Avenue NE Fridley, Minnesota 55432 Attn: Planning Department CITY OF FRIDLEY 6431 UNIVERSITY AVENUE N.E., FRI®LEY, MINNESOTA 55432 TELEPHONE ( 612)571-3450 June 15, 1984 NOTICE OF PUBLIC HEARING ice is hereby given that the Appeals Commission of the City of Fridley 1 conduct a Public Hearing in the City Council Chambers at 6431 University nue Northeast at 7:30 p.m. on Tuesday, June 26 1984 in regard to the lowing matter: Request for a variance pursuant to Chapter 205 of the Fridley City Code, to reduce the rear yard setback from 25 feet to 13 feet to allow the con- struction of a 12 foot x 15 foot deck on Lot 7, Block 5, Bourdeaux's Spring Brook Park Addition, the same being 8131 Ruth Circle N.E. 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 / / i ,� r . � �� ;�� ,, , l ^_ i �l � r ��� , fl r �� 1� lhi. � � �I�l�, l�'i - - - �. �? i�`�/ `�' -i' ', i d �� /.. /.�' f' '� i ADMINISTRATIVE STAFF REPORT 8131 Ruth Circle N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: '• Section 205.04.6A.3, allows a deck to extend up to ten feet into a required rear yard. Public purpose served by this requirement is to allow use of a required rear yard while still maintaining aesthetically pleasing open areas around residential structures. B. STATED HARDSHIP: "Our specific hardship in designing our sun room deck is meeting Federal and State passive solar energy tax credit guidelines. The energy tax requirement is "the area of glazing shall exceed the lesser of 15% of the floor area of the room in which the glazing is installed or 8% of the floor area of the habitable rooms within the dwelling unit". Our desire for a sun room deck with a dimension of 15' x 12' totals 180 square feet of floor space, making our requirement of glazing surface a minimum that must exceed 27 square feet. Our proposed plan is to obtain at least 20% of glazing (36 sq. ft.) which will make our passive solar system more effective. Obtaining the solar energy tax credit is a necessity in helping us reduce our cost in constructing our sun room deck. The addition of this room will also give our family a second emergency exit in case of a fire. C. ADMINISTRATIVE STAFF REVIEW: To the rear of this property is a City park. Some of the park activities include the use of flying objects such as balls and pucks. While the City's Park Director doesn't see the sun porch as a visual problem, he does see it as a vulnerable hazard for various park activities. Therefore, if the Board approves this request, it should be stipulated that the City will not be responsible for any damage that may occur due to park activities. This stipulation should be part of an agreement that shall be recorded at the County Recorder's office. ADMINISTRATIVE STAFF REPORT 8131 Ruth Circle N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.04.6A.3, allows a deck to extend up to ten feet into a required rear yard. ent is to allow of a Public hie°still maintaininge served by this aestheticallye tically pleasing open areas around ed rear yard w around residential structures. B. STATED HARDSHIP: "Our specific hardship in designing our sun room deck is meeting Federal and State passive solar energy tax credit guidelines. The energy tax requirement is "the area of glazing shall exceed the lesser of 15% of the floor area of the room in which the glazing is installed or 8% of the floor area of the habitable rooms within the dwelling unit". Our desire for a sun room deck with a dimension of 15' x 12' totals 180 square feet of floor space, making our requirement of glazing surface a minimum that must exceed 27 square feet. Our proposed plan is to obtain at least 20% of glazing (36 sq. ft.) which will make our passive solar system more esffective.duce Obtain cost iin ng the solar energy tax credit is a necessityin helping us constructing our sun room deck. The addition of this room will also give our family a second emergency exit in case of a fire. C. ADMINISTRATIVE STAFF REVIEW: To the rear of this property is a City park. Some of the park activities include the use of flying objects such as balls and pucks. While the City's Park Director doesn't see the sun porch as a visual problem, he does see it as a vulnerable hazard for various park activities. Therefore, if the Board approves this request, it should be stipulated that ge t may the City rk . This stipulationnot be bshould be parttle for any aof anaagreement uthat eto a shall be activities recorded at the County Recorder's office. - U i L -•T 5 U R11-*/ L -Y F,� M 1 %,A NA E 3 WT 4v : 46 •_J . Co DR.AILIkCwE uTll..►T"Y .. ��e EASEMMWT (*r*1('P1C.1k%kL)_ +fit ti' h1 6d::�PZ-7 (.� 100' 05 It Ln it40.33 ' iJIT P of M 9 C.OIJSTRUC.TION I� NLD :z ) Qs 0 .00 . 2•.33 ; i LEC- AL. D ES C9- IP •T I OIJ L.- oT -71 P, ILO C. K. S 3�U��EALI'i!.'S SQ�1I.� 81ZCz;� 'A®D IT 10t- . r At -lo v— a o u h.! -r KA u,4 w e) o-rN Sc.AL_E o I ND ICl�TES I lzOt..1 1 hereby certify that this -plan, specification -Or INDICATES 1= LEVA�TIOt.� rrlK)rt was prepared by me or under my direct �� ••'• sulscrvisic�n and that I am a duty Registered AL,L BEA1Zl1.lCQS A55L1MED Pro:easional Er., ineer U' der the laws of the State f Aiinnesota. Dat -eg ► NO t' o DOM ENIGIMEERING COMPP"XI 'C. BURNSVILLE,:MINNESOTA 690-1272 FRIDLEY. MINNESOTA 666-6600 AND LAND SURVEYORS PROFESSIONAL ENGINEERS, SITE PLANNERS CITY OF FRimrmY, SUBJECT VARIANCES 6431 UNIVERSITY AVE- NE- VVV FRIDLEY, MN. 55432 [6127 571-3450 ADDRESS 8161 &T14 c. DATE APPEALS C014MISSION: APPROVED k 'DISAPPROVED DATE NO. CITY COUNCIL REVIEW: REQUIRED: ,YES CITY COUNCIL: APPROVED DISAPPROVED DATE N0. STIPULATIONS: ej NAME 1L �� ,�'"`� �, K- -FEE'® RECEIPT No. -7 LOT NO. BLOCK N0. MM OR ADDITION LEGAL DESCRIPTION: VARIANCE•REQUEST(S): (Attach plat or survey of property showing building, variances, etc., Whfre plicable) rL 13' Section(s) of the City Code: List specific hardship(s) which requires the variance(s): DATE SIGNA' TELEPHONE NO 0 VARIANCES FOR CITY USE ONLY Board members notified of meeting by list cerN,cr— s�� date notified. and •Yes" or •Jio" for Plans to attend hearing. • Plan Mame Oate,- To Attend Person rbking appeal and the following property owners having property within 200 feet notified: Na me By Whom Date Phone or Mail Notified ■ - • --r IS � MOTION BY PS. GEROU, SECONDED ARNA, TO OPEN THE PUBLIC HEARING. UPON A VOICE VO'T'E, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC HEARING OPEN AT 8:20 P. M. Chairperson Gabel read the Admini taff Report: ISTRATIVE STAFF REPORT 8131 Ruth Circle N. E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.04.6A.3, allows a deck to extend up to ten feet into a required rear yard. Public purpose served by this requirement is to allow use of a required rear yard while still maintaining aesthetically pleasing open areas around residential structures. B. STATED HARDSHIP: "Our specific hardship in designing our sun room deck is meeting Federal and State passive solar energy tax credit guidelines. The energy tax requirement is "the area of glazing shall exceed the lesser of 15% of the floor area of the room in which the glazing is installed or 8% of the floor area of the habitable rooms within the dwelling unit". Our desire for a sun room deck with a dimension of 15' x 12' totals 180 square feet of floor space, making our require- ment of glazing surface a minimum that must exceed 27 square feet. Our proposed plan is to obtain at least 20% of glazing (36 sq. ft.) which will make our passive solar system more effective. Obtaining the solar energy tax credit is a necessity in helping us reduce our cost in constructing our sun room deck. The addition of this room will also give our family a second emer- gency exit in case of a fire. C. ADMINISTRATIVE STAFF REVIEW: To the rear of this property is a City park. Some of the park activities include the use of flying objects such as balls and pucks. While the City's Park Director doesn't see the sun porch as a visual problem, he does see it as a vulnerable hazard for various park activities. Therefore, if the Board approves this request, it should be stipulated that the City will not be responsible for any damage that may occur due to park activities. This stipulation should be part of an agree- ment that shall be recorded at the County Recorder's office. APPEALS COMMISSION MEETING, JUNE 26,, 1984 PAGE 8 Mr. Clark presented an aerial photo of the property and pointed out the location of the home in relation to the park. Mr. Clark stated it was felt because of the encroachment into the required tear yard, the City shouldn't - be responsible if any damage should occur to the Blomker's property due to park activities. Mr. Blomker stated, in order to obtain credit for solar energy, certain requirements must be met and they wish to construct the sunroom to meet this criteria. Mrs. Blomker stated there is no other entrance or exit to their home except through the front door and with the addition of this room, it will give their family a second emergency exit. Mr. Barna questioned why the variance was for a deck rather than additional living space. Mr. Clark stated the variance should be for additional living space. Ms. Gabel asked Mr, and Mrs. Blomker if their neighbors were aware of this addition and if they were told it would be a deck or a sunroom. Mrs. Blomker stated their adjacent property owners are aware they are going to build and know it will be a sunroom. Ms. Gabel stated she didn't have any problems with the sunroom, but if the public hearing notice indicated a deck was going to be constructed, she questioned if this would be a problem. Mr. Clark stated it might be well to continue the public hearing or obtain statements from the neighbors indicating they are aware the Blomker's are constructing a sunroom. MOTION BY MR. BARNA, SECONDED BY MS. GEROU, TO CLOSE THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC HEARING CLOSED AT 8:35 P. M. Ms. Gabel questioned the concept of solar energy devices in relation to variances. Mr. Clark stated solar energy devices would constitute a hardship in obtaining variances to City setbacks. Mr. Barna stated his main concern is they are talking about two different things, a deck and a sunroom. He felt if the variance was approved, the petitioner should bring notorized letters from the adjoining property owners in they are aware of the sunroom addition and have no objection, before issuance of a building permit. Ms. Gabel, Ms. Gerou, and Mr. Plemel didn't feel it was necessary to have the letters from the adjoining property owners notorized, but that they should be submitted prior to issuance of a building permit. APPEALS COMMISSION MEETING, JUNE 26, 1984 PAGE 9 MOTION BY MR. BARNA, SECONDED BY MR. PLEMEL, TO RECOMMEND APPROVAL OF THE VARIANCE PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY CODE, TO REDUCE THE REAR YARD SETBACK FROM 25 FEET TO 13 FEET TO ALLOW THE CONSTRUCTION OF A 12 FOOT x 15 FOOT DECK-SUNROOM ON LOT 7, BLOCK 5, BOURDEAUX'S SPRING BROOK PARK ADDITION, THE SAME BEING 8131 RUTH CIRCLE N. E., WITH THE STIPULATION THAT A LETTER BE SUBMITTED FROM EACH OF THE ADJOINING PROPERTY OWNERS INDICATING THEY ARE AWARE THIS IS A SUNROOM AND NOT AN OPEN DECK AND, FURTHER, AN AGREEMENT BY THE PETITIONER IS TO BE RECORDED AT THE COUNTY RECORDER'S OFFICE INDICATING THE CITY WILL NOT BE RESPONSIBLE FOR ANY DAMAGE THAT MAY OCCUR DUE TO PARK ACTIVITIES. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Gabel stated a building permit could be issued upon receipt of these letters from the adjoining property owners. ADJOURNMENT: MOTION BY MR. BARNA, SECONDED BY MS. GEROU, TO ADJOURN THE. MEETING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE JUNE 26, 1984, APPEALS COMMISSION MEETING ADJOURNED AT 8:45 P. M. Respectfully submitted, Carole Haddad Recording Secretary