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VAR 86-16:t:qF;, CIZYOF FRIDLI✓Y CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE (612).571-3450 February 10, 1988 Mr. Peter Rech 8161 Ruth Circle N. E. Fridleys, Mn. 55432 RE: Variance 86-16, 8161 Ruth Circle N.E. Dear Mr. Rech; As you recall, the Appeals Commission approved your variance request to reduce a rear Yard setack from 25 feet to 15 feet at 8161 Ruth Circle N. L on June 24, 1986. This variance was With the city stating that theaccity shall be held harmless that y agreement MAY occur due to Park activities be recorded at the unty for anydwa office. During a review of this variance, I found that this agreement has not been filed with the County. I have consulted with the City Attorney, David Newman about this matter. He stated that an a • signed by the involved ��° would have to be drafted and parties. This would then require your signature. Please contact me as soon as possi resolved. ble so this item can be discussed and You. I can be reached at 571-3450 x 168. I look forward to hearing from Sincerely, RathlYn Castle Planning Assistant C-88-42 '= PLANNING DIVISION MEMORANDUM cmroF fRIDLEY f M: David Newman, City Attorney FROM: 'Rathlyn Castle, Planning Assistant DATE: February 11,1988 SUBJECT; Variance 86-16, 8161 Ruth Circle N.L As per your request, I am sending you information concerning the stipulation agreement to Variance 86-16. This stipulation requires that an agreement with the City and Peter Rech stating that the City shall be held harmless for any damage that may occur due to park activities be recorded at the County Recorders Office. When I contacted the County, I found that no such agreement has been recorded. I have also been unable to contact Peter Rech about the situation. Please look over the enclosures and advise me about this matter. M-88-31 /k. CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE (612) 571-3450 APPEALS COMMISSION ACTION TARN NOTICE June 25, 1986 Mr. Peter Rech 8161 Ruth Circle N.E. Fridley, MN 55432 On June 24, 1986, the Fridley Appeals Commission officially approved your request for a variance, VAR. #86-16, to reducethe rear yard setback from 25 feet to 15 feet to allow a 12 foot by 20 foot porch. addition to the house on Lot 4, Block 5, Bourdeaux°s Spring Brook, the same being 8161 Ruth Circle N.E., Fridley, MN 55432, with the following stipulations: That the City will be held harmless for any damage that may occur due to Park activities. This stipulation to be part of an agreement that shall be recorded at the. County Recorder's office. If you have any questions regarding the above action, please call the Planning Department at 571-3450. Sincerely, D G. CLARK Chief Building Official DGC/mh Please review the noted stipulations, sign the statement below, and return one copy to the City of Fridley Planning Department. I, , concur with the action taken. Cly CITY OF FRIDLEY 6431 UNIYERSfl1f AVE. N.E. VARIANCE REQUEST FORM FRIDLEY, MN 55432 y (612)571-3450 VARIANCE # VARIANCE FEE. �� RECEIPT # ®� SS SCHEDULED APPEALS MEETING DATE +� d t PROPERTY INFORMATION f PROPERTY ADDRESS LEGAL DESCRIPTION: LOT BLOCK N5- TRACT/ADDITIONk® - S PRESENT ZONING VARIANCE MUEST(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): OWNER INFORMA ION NAME (please Print) � PHONE 76(� % ADDRESS SIGNATURE PETITIONER INFORMATION DATE 6--&-g(- NAME (please print) PHONE ADDRESS SIGNATURE: APPEALS COMMISSION: APPROVED DENIED DATE CITY COUNCIL: APPROVED - DENIED DATE STIPULATIONS: DATE HARDSHIP EXPLANATION FOR VARIANCE NO. 86-16 Peter & JoAnn Rech 8161 Ruth Circle N.E. Fridley, MN. 55432 Growing family requires additional living space not available in small, 24f t. x 40f t., main living area of home. Expanding career responsibilities require some at home work in former living areas. House is located in area of shallow (100 ft.) lots. Cul-de-sac lot requires deeply set house location giving only minimum (27 ft.) setback to rear lot line. Floorplan of the house dictates that additions be made only at the back, off of the kitchen/dining area. Addition is to be 12 ft. x 20 ft. living space dictated by door and window location of present house and family requirements. r s CITYOF FRIDLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY. MINNESOTA 55432 o PHONE (612) 571-3450 Peter Rech 8161 Ruth Circle N.E. Fridley, MN 55432 APPEALS COMISSION ACTION TAKEN NOTICE June 25, 1986 On June 24, 1986, the Fridley Appeals Commission officially approved your request for a variance, VAR #86-16, to reduce the rear yard setback from 25 feet to 15 feet to allow a 12 foot by 20 foot porch addition to the house on Lot 4, Block 5, Bourdeaux's Spring Brook, the same beine 8161 Ruth Circle N.E., Fridley, Minnesota 55432. with the following stipulations: None. If you have any questions regarding the above action, please call the Planning Department at 571-3450. Sincerely, n Darrel Clark Chief Building Official DC/ln Please review the noted stipulations, sign the statement below and return one copy to the City of Fridley Planning Department. I, zi concur with the action taken. ,. COMMISSION APPLICATION REVIEW Department Number pile Date Meeting Date CI YOF PI anni ng 37 6/6/86 6/24/86 FRIDLEY File Address/Description VAR #86-_16 COMPLETE REVIEW CHECKLIST Peter Rech 8161 Ruth. Circle N.E, Rear yd setback from 25' to 151 to allow -porch additin, RETURN TO PLANNING DARYL EBBIE-- JIM DEBBIE DEBBIE MD�RREL DEBBIE---- RCLYDE DEBBIE ---- MARK —DEBBIE — LEON —DEBBIE— COMMENTS DEBBIE -- COMMENTS Re.d� �w ted. �,���k -�►-o� as° � ab° � ani �us�. �avd.skP® c w w� �.wuc� vele ds �e �pe�te� �•�P C�rv. r °n��1�,5 Uw-P, quo vk a �l ®w 51�t�ow lli®' (v a P Item #5, June 24, 1986 ADMINISTRATIVE STAFF REPORT 8161 RUiS CIRCLE N.E. VAR #86-16 Section 205.07.3, D, 3, requires a rear yard with a depth not less than twenty-five (25) feet. Public purpose served by this requirement is to provide rear yard space to be used for green areas which enhance the neighborhood. "Growing family requires additional living space not available in small, 24' x 401, main living area of home. Expanding career responsibilities require some at home work in former living areas. House is located in area of shallow (100 ft) lots. Cul-de-sac lot requires deeply set house location giving only mini.mun (271) setback to rear lot line. Floorplan of the house dictates that additions be made only at the back; off the kitcherVdining area. Addition is to be 12' x 20' living space dictated by door and window location of present house and family requirements." In 1984 the City granted a similar variance to a residence living at 8131 Ruth Circle. 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. CITYOF FRIDLEY 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, June 24 ,1986 in regard to the following matter: Consideration of a Variance request, VAR #86-16, by Peter Rech, per Section 205 of the Fridley City Code, to reduce the rear yard setback from 25 feet to 15 feet to allow a 12" by 20' porch addition to the house on Lot 4, Block 5, Bourdeaux's Spring Brook, the same being 8161 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. DONALD BETZOLD CHAIRMAN 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. ,� � " o� S I t�•� '� n,. ' rayl. -epi ."' . 3: • - �� .a � � s @� ��: to Vjg _ 4_ a�R 'i ,�,y��'` ��f$' i � •, H } • - ;.Yue, L %1C✓' �.� � , ��, �+M•J ifis' � � fi! i ii,..'�'` N . _ 4 ♦ �t.�'. +nv.3 #.1r� _• ._9 r a fC.-+: C J• c �• did v s r ,, x i ik ti • O 1� v Y« 25 Ok � t � , ,- `��� � � :.� i •';� ,, °i � � t fes° kill, vei b a� p � wry. s ,.r w• a 1i � ,,L'�,_„_ =•,�f !'t Vtry $ a = s { s +,3 't4`"3' '� `f�'' t':$t 8•��`a'k fi,q '- �` Y c9a: � .7..:ae.'�4►v a y - 1T a�r 1C,�„ i `:i a WWI- `-ap .. _ Y ' •' � s. ; a 4 4 y "k Cr L A SUR VIE—YOOF7S 900.,w=5 -r ' - -:izz - & - -s-rREE-r- • BURNS VIL,'-.c-*..' MUNNES07A 4D 1/7- 5U.*-VEV Fod, — 0, % 4 00 1 Q to;,� ,moo,/. �. <1 41 ✓ 1 0 . 0 ocelL I hereby certify that this su-v.-,,, c,-. report was prepared by nit or that I am a :u:-, supervision and ga �5 z Land Surveyor der-s;c laws c,.-' t.*,.c I N G 32001 of Min AXOMOW innesora. sj a-50 j r Dzte 00, V, I hereby certify that this su-v.-,,, c,-. report was prepared by nit or that I am a :u:-, supervision and ga �5 z Land Surveyor der-s;c laws c,.-' t.*,.c I N G 32001 of Min AXOMOW innesora. sj a-50 j r Dzte MAILING LIST VAR #86-16 Peter Rech 6/11/86 Appeals Council Clarence Sporre Lester Russell 180 Hugo Street N.E. 8140 Ruth Circle N.E. Fridley, MN 55432 Fridley, MN 55432 Richard Carlson Robert Burris 8121 Ruth Circle N.E. 8160 Ruth Circle N.E. Fridley, MN 55432 Fridley, MN 55432 Allen Blomker Warren Lamusga 8131 Ruth Circ16 N.'E.. 195 Hugo Street N.E. Fridley, MN 55432 Fridley, MN 55432 Donald Liv.gard John McCollow 8141 Ruth Circle N.E. 200 Hugo Street N.E. Fridley, MN 55432 Fridley, MN 55432 Stanley Jones Frederic Boethin 8151 Ruth Circle N.E. 308 Hugo Street N.E. Fridley, MN 55432 Fridley, MN 55432 JoAnn Rech Ronald Za.czkowski 8161 Ruth Circle N.E. 314 Hugo Street N.E. Fridley, MN 55432 Fridley, MN 55432 Douglas Howe 8171 Ruth Circle N.E. Fridley, MN 55432 Darrell Saari. 8181 Ruth. Circle N.E. Fridley, MN 55432 Kenneth Miller 8191 Ruth Circle N.E.. Fridley, MN 55432 Konrad Bents 8145 Ruth Street N.E. Fridley, MN 55432 Margaret Mulrine 8135 Ruth Street. N.E. Fridley, MN 55432 Walter Streich 8125 Ruth Street N.E. Fridley, MN 55432 James Mitchell 8120 Ruth Circle N.E. Fridley, MN 55432 �o &'FJ"'v'G!NE4FJ"-?S S -SURN,SVIL.L.c-*.,* MINNESOTA V a >11 FO er nelvz. // K. Q 100, N1 DCCIL rtr- 411 P 1Z1 1 CA i _ . J. moi; � ✓ r � � . 1 � � �� i � A7 I hereby certify that this report was prepared by me o; :SG. 2 i P supervision and that I am a Liu.y E Land Surveyor under _S�c I aws o.-* c > 15 of Minnesota. 7 "t, Date a STATE OF MINNESOTA COUNTY OF ANOKA CITY OF FRIDLEY 'Y ® 725662 APPEALS COMMISSION PROCEEDINGS In the Matter of a Variance, VAR #86-16, located at 8161 Ruth Circle N.E. Peter Rech , Owner VARIANCE The above entitled matter came before the Appeals Commission of the City of Fridley and was heard on the 2 4 th day of June , 7 9__8L6 9 on a petition for a variance pursuant to the City of Fridley's Zoning Ordinance, for the following described property: To reduce the rear yard setback from 25 feet to 15 feet to allow a 12' x 20' porch addition to the house on Lot 4, Block 5, Bourdeaux's Spring Brook, the same being 8161 Ruth Circle.N.E. , IT IS ORDERED that a variance be granted as upon the following conditions or reasons: See Appeals Commission Minutes of June24, 1986. STATE OF MINNESOTA ) COUNTY OF ANOKA ) CITY OF FRIDLEY ) OFFICE OF THE CITY CLERK I, Shirley A. Haapala, City Clerk for the City of Fridley 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 have 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 Fri ey, Min esota, in the County of Anoka on the'`?'-�i_ _ day of LJ Ll Kzei 19 DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55+32 SHIRLEY A. AAAPALA, CITf CLERK Variances are valid for a period of one year following approval and shal4 $�'a considered void if not used within that period. n r.: APPEALS C(XVIISSION MEETING, JUNE 24, 1986 PAGE 10 Mr. Clark showed the Commission a picture taken looking at the front of e existing garage and an aerial photo. As pointed out in the staff repo r , the petitioner has gotten permission from NSP, Minnegasco, and North stern Bell to-encroach into the easement; and that if this variance is gr ted, the petitioner might want to petition to have the 2 ft. easement vac d. Mr. David Arneson stated they will keep the proposed garage ition in line with the existing building line which aesthetically is the ly thine to do. The garage when originally built was 21 ft. x 20 ft. whit only allows two cars with very limited space for additional storage. H would like to add more storage space and working space to the north end the existing garage. P'*0TION BY MS. SAVAGE, SECONDED BY MR. BARNA, TO C E THE PUBLIC HEARING:. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON ETZOLD DECLARED THE P17BLIC HEARING CLOSED AT 9:10 P.M. Pis. Savage stated she felt the hardship been indicated in the inadequacy Of storage space and work space. She w impressed with the fact that this was a small variance request, only 1 o It was a reasonable request and aesthetically the additional garage pace would not encroach into anyone's view. fir. Barna stated he had no pr em with the variance. The hardship was the fact that the house was buil needing a 1 ft. variance when it was rebuilt after the 1965 tornado. I was not a hardship created by the petitioner, but an existing hardship. Mr. Betzold agreed, a stated there was an existing structure that probably should not have be built that close to the lot line but it was, and the Commission could of penalize the present owners for mistakes made previously. MOTION BY MS. AVAGE, SECONDED BY MR. BARNA, TO APPROVE VARIANCE REQUF.S-, VAR #186-15, Y DAVID AND SUSAN ARNESON, PURSUANT TO CHAPTER 205 OF THE FRIDLE1' CITY CODE O REDUCE THE SIDE YARD SETBACK FOR API ATTACHED GARAGE FRom 5 FEET TO 4 FE TO ALLOTS THE CONSTRUCTION OF ADDITIONAL GARAGE SPACE ON LOT 11, BLOCK , BROOKVIEW TERRACE 2ND ADDITION, THE SAME BEING 953 - 68TH AVE1717E N.E. UP A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION IED UNANIMOUSLY. 5. CONSIDERATION OF A VARIANCE REQUEST, VAR #86-16, BY PETER RECH, PURSUANT TO c.APTER 205 OF THE FRIDLEY C M CODE TO REDUCE THE REAR YARD SETBACK. FROM v a2n n nr R T TAl1 TA Tairiinnn 11. F. MOTION BY MS. SAVAGE, SECONDED BY MR. BARNA, TO OPEN THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE PUBLIC 1 HEARING OPEN AT 9:15 P.M. APPEALS COMMISSION MEETING, JUNE 24, 1986 PAGE 11 Chairperson Betzold read the Administrative Staff Report: . ADMINISTRATIVE STAFF REPORT 8161 RUTH CIRCLE N.E. VAR #86-16 A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.07.3,D,3 requires a rear yard with a depth not less than twenty-five (25)feet. 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: "Growing family requires additional living space not available in small, 24 ft. x 40 ft., main living area of home. Expanding career responsibilities require some at home work in former living areas. House is located in area of shallow (100 ft.) lots. Cul-de-sac lot requires deeply set house location giving only minimum (27 ft.) setback to rear lot line. Floor plan of the house dictates that additions be made only at the back, off the kitchen/dining area. Addition is to be 12 ft.x 20 ft. living space dictated by door and window location of present house and family requirements." C. ADMINISTRATIVE STAFF REVIEW: In 1984 the City granted a similar variance to a residence livinn at 8131 Ruth Circle. 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 he 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. Mr. Clark showed an aerial photo of the property. Mr. Rech showed the Commission their building plans. He stated they have no problem with the stipulation suggested by staff. Ms. Savage stated she did not have any problem with the variance. The public purpose of the 25 ft. rear yard depth was to provide rear yard space to be used for green areas which enhance the neighborhood. Since there was APPEALS COMMISSION MEETING, JUNE 24, 1986 PQGF 12 a park behind this property, the request was within the spirit of the code. Also, a similar request was granted in 1984. Mr. Barna stated he had no problem with the variance request. The Commission n did approve a similar variance in the area. The hardship had been defined very definitely with a growing family and'business obligations that required additional living space. Mr. Betzold stated since there was a park in back, they were not encroaching on anyone else's space in the neighborhood. As long as the petitioner was willing to take the risk of flying objects such as balls and pucks from the park, he would have no objection to the variance. !NOTION BY MS. SAVAGE, SECONDED BY MR. BARNA, TO APPROVE VARIANCE REQUEST, VAR6-16, BY PETER RECH, PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY CODE TO REDUCE THE REAR YARD SETBACK FROM 25 FEET TO 15 FEET TO ALLOW A 12 FT. :: 20 FT. PORCH ADDITION TO THE HOUSE ON LOT 4, BLOCK 5, BOURDEAUX'S SPRING BROOK, THE SAME BEING 8161 RUTH CIRCLE N.E., WITH THE STIPULATION THAT THE CITY WILL NOT BE RESPONSIBLE FOR ANY DAMAGE THAT 14AY OCCUR DUE TO PARI; ACTIVITIES. THIS STIPULATION TO BE PART OF AN AGREEMENT THAT SHALL BE RECORDED AT THE COUNTY RECORDER'S OFFICE. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. ADJOURNMENT: MOTION BY 1lS. SAVAGE, SECONDED BY MR. BARNA, TO ADJOURN THE MEETING. UPON A VOICE VOTE, ALL VOTING AY$ CHAIRPERSON BETZOLD DECLARED THE JUNE 24, 1986, APPEALS COMMISSION MEETING ADJOURNED AT 9:25 P.M. Respectfully submitted, Lynne Saba Recording Secretary J `25662 NurnwicaQ�, Grantor_, Grantee _ Recorded - _ Checked_,_ ­ Margin Tr, Snde;�_ OFFICE OF COUNTY RECORDER $TATE OI MINNESOTA. _:OUNTY JF AMKA I ,hereby certify that the within mstru- �, merit was tiled In this office for record Lq on th® SEP 1 6 1966 �• .! o'efbCj and was duly recorder 40 ow" Conn4y rder City of Fridley 6431 University Ave NE Fridley Mn. __55432 r o ' nc�o�rcl F DL�El' CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE (612) 571-3450 APPEAIS COMMISSION ACTION TAKEN NOTICE June 25, 1986 Mr. Peter Rech 8161 Ruth Circle N.E. Fridley, MN 55432 On June 24, 1986, the Fridley Appeals Commission officially approved your request for a variance, vAR #86-16, to reduce the rear yard setback from 25 feet to 15 feet to allow a 12 foot by 20 foot porch addition to the house on Wt 4, Block 5, Bourdeaux's Spring Brook, the same being 8161 Ruth Circle N.E., Fridley, MN 55432, with the following stipulations: That the City will be held harmless for any damage that may occur due to Park activities. This stipulation to be part of an agreement that shall be recorded at the County Recorders office. If you have any questions regarding the above action, please call the Planning Department at 571-3450. Sincerely, �d v D G. CLARK Chief Building Official DGC/mh Please review the noted stipulations, sign the statement below, and return one copy to the City of Fridley Planning Department. I , c'(o) cur Qwi(Lh the action taken. Al 145(0z C om. ����1�� IrrLq- L� � � ,tet. � .� i tiJ^ :i ,�� + _' �..0 1 a` r• � 1 ♦ � a :../j �• ��� M b ��r r ` V✓ i i .r. v� itio ' 900 .'W -ST :/2v J`h -57-R ET.. •SURn�svl���,• rrUNNESOTA . 1 •C..r: /T Sure �y FOS 17rf���.- • ' . _ K Lc4. ' I /` c' tz 41, G ,, .i • ' �'dc_ 1�LL vim.' -.L' ::::�:: :.:•.:.:..._ . j I hereby certify that this sc:�•.7, ;,:_:. or report was prepared by me o: L:-., t7 P supervision and that I um s .:u:;l : r a top Land Surveyor u:.der ' ,e iau•s o = .:c •. • . .��.� ��=•=�:�i�J 5?�l�G 3SLC�1C. A��ITtD�.[ ofh:in:iesoca.. !� .�� -. L; �.;' M1 y SOT•'•. , •-�' r.. \ . • Dse _ RC;. NO �; STATE OF MINNESOTA COUNTY OF ANOKA CITY OF FRIDLEY APPEALS In the Matter of Variance 486-16, to reduce the rear Porch addition to the house on Lot 4, Block 5, Bourdeaux's N PROCEEDtINGS IANCE Spring Brook, (8161 Ruth Circle N.E.) , Owner, Mr. Peter Rech, The above entitled matter came before the Appeals Commission of the City of Fridley and was heard on the 24th day of June , 1g 86 on a petition for a variance pursuant to the City of Fridley's Zoning Ordinance, for the following described property: Lot 4, Block 5, Bourdeaux's Spring Brook 8161 Ruth Circle N.E., Fridley, NN 55432 IT IS ORDERED that a variance be granted as upon the following conditions or reasons: With the stipulation that the City will be held harmless for any damage that may occur due to Park activities. This stipulation to be part of an agreement that shall be recorded at the County Recorder's Office. STATE OF MINNESOTA ) COUNTY OF ANOKA ) CITY OF FRIDLEY ) OFFICE OF THE CITY CLERK I, Shirley A. Haapala, City Clerk for the City of Fridley 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 have 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 Fridl , Minnesota, in jti}e County of Anoka on the day of 19 DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 SHIRLEY A. AAPALA, CI Y CLERK Variances are valid for a period of one year following approval and shall be considered void if not used within that period. (SEAL) APPEALS CUTU SSION MEETING, JUNE 24, 1986 PAGE 10 Mr. Clark showed the Commission a picture taken looking at the front of the existing garage and an aerial photo. As pointed out in the staff report, the petitioner -has gotten permission from NSP, Minnegasco, and Northwestern Bell to encroach into the easement; and that if this variance is granted, the petitioner might want to petition to have the 2 ft. easement vacated. Mr. David Arneson stated they will keep the proposed garage addition in line with the existing building line which aesthetically is the only thing to do. The garage when originally built was 21 ft. x 20 ft. which only allows two cars with very limited space for additional storage. He would like to add more storage space and working space to the north end of the existing garage. "LOTION BY MS. SAVAGE, SECONDED BY MR. BARNA, TO CLOSE THE PUBLIC HEARING,. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE P17BLIC HEARING CLOSED AT 9:10 P.M. Ms. Savage stated she felt the hardship had been indicated in the inadequacy of storage space and work space. She was impressed with the fact that this was a small variance request, only 1 ft. It was a reasonable request and aesthetically the additional garage space would not encroach into anyone's view. Nr. Barna stated he had no problem with the variance. The hardship was the fact that the house was built needing a 1 ft. variance when it was rebuilt after the 1965 tornado. It was not a hardship created by the petitioner, but an existing hardship. Mr. Betzold agreed. He stated there was an existing structure that probably should not have been built that close to the lot line but it was, and the Commission could not penalize the present owners for mistakes made previously. NOTION BY M-. SAVAGE, SECONDED BY MR. BARNA, TO APPROVE VARIANCE REQUES-' VAR #86-15, BY DAVID AND SUSAN ARNESON, PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY CODE TO REDUCE THE SIDE YARD SETBACK FOR AN ATTACHED GARAGE FROM 5 FEET TO 4 FEET TO ALLOW TRE CONSTRUCTION OF ADDITIONAL GARAGE SPACE 01; LOT 11, BLACK 4, BROOKVIEW TERRACE 2ND ADDITION, THE SAME. BEING 953 - 68TH AVE1717E N.E. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. S. CONSIDERATION OF A VARIANCE REQUEST VAR #86-16, BY PETER RECH, PURSUANT TO LHAPTER 205 OF THF FRIDLEY .CITY CODE TO RFDUrF THF REAR vARn crTRArv. Fant, E N.F MOTION BY MS. SAVAGE, SECONDED BY MR. BARNA, TO OPEN THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE PUBLIC SEARING OPEN AT 9:15 P.M. APPEALS C(k1tlISSION MEETING JUNE 249 1986 PAGE 11 Chairperson Betzold read the Administrative Staff Report: , ADMINISTRATIVE STAFF REPORT 8161 RUTH CIRCLE N.E. 'VAR #86-16 A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.07.3,D,3 requires a rear yard with a depth not less than twenty-five (25)feet. 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: "Growing family requires additional living space not available in small, 24 ft. x 40 ft., main living area of home. Expanding career responsibilities require some at home work in former living areas. House is located in area of shallow (100 ft.) lots. Cul-de-sac lot requires deeply set house location giving only minimum (27 ft.) setback to rear lot line. Floor plan of the house dictates that additions be made only at the back, off the kitchen/dining area. Addition is to be 12 ft. x 20 ft. living space dictated by door and window location of present house and family requirements." C. ADMINISTRATIVE STAFF REVIEW: In 1984 the City granted a similar variance to a residence livinn at 8131 Ruth Circle. 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. Mr. Clark showed an aerial photo of the property. Mr. Rech showed the Commission their building plans. He stated they have no problem with the stipulation suggested by staff. Ms. Savage stated she did not have any problem with the variance. The public purpose of the 25 ft. rear yard depth was to provide rear yard space to be used for green areas which enhance the neighborhood. Since there was APPEALS CNIMISSION MEETING, JUNE 24, 1986 PACE 12 a park behind this property, the request was within the spirit of the code. Also, a similar request was granted in 1984. Mr. Barna stated he had no problem with the variance request. The Commissinn did approve a similar variance in the area. The hardship had been defined very definitely with a growing family and business obligations that required additional living space. Mr. Betzold stated since there was a park in back, they were not encroaching on anyone else's space in the neighborhood. As long as the petitioner was willing to take the risk of flying objects such as balls and pucks from the park, he would have no objection to the variance. MOTION BY MS. SAVAGE, SECONDED BY MR. BARNA, TO APPROVE VARIANCE REQUEST, V'AR #86-16, BY PETER RECH, PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY CODE TO REDUCE THE REAR YARD SETBACK FROM 25 FEET TO 15 FEET TO ALLOW A 12 FT. X 20 FT. PORCH ADDITION TO THE HOUSE ON LOT 4, BLOCK 5, BOURDEAUX'S SPRING BROOK, THE SAME BEING 8161 RUTH CIRCLE N.E., WITH THE STIPULATION THAT TNF. CITY WILL NOT BE RESPONSIBLE FOR ANY DAMAGE THAT MAY OCCUR DUE TO PARD; ACTIVITIES. THIS STIPULATION TO BE PART OF AN AGREEMENT THAT SHALL BE RECORDED AT THE COUNTY RECORDER'S OFFICE. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE Mn TION CARRIED UNANIMOUSLY. ADJOURNMENT: MOTION BY 11S. SAVAGE, SECONDED BY MR. BARNA, TO ADJOURN THF MEETING. UPON A VOICE VOTE, ALL VOTING AY$ CHAIRPERSON BETZOLD DECLARED THE JUNE 24, 1986, APPEALS COPIMISSION MEETING ADJOURNED AT 9:25 P.M. Respectfully submitted, Lynne Saba Recording Secretary