VAR 87-33CITY OF FR.IDLEY
APPEALS COI,"""ISSION MEETING, OCTOBER 13, 1987
CALL TO ORDER:
Chairperson Betzold called the October 13/ManeSavage,
ission meeting to
order at 7:30 p.m.
POLL CALL:
Meribers Present: Donald Betzold, Alex Baenneth Vos
Members Absent: Jerry Sherek
Others Present : Lisa Campbell, Code, :_nforcement
Rodney Day, 2357 108th Lane N.E.
Evelyn Bruflod , 6418 Riverview Terrace
Jeff Johnson 'Barna, Guzy, Et.A., 3989 Central Ave. N.F.
Doug Siver s, 221 - 110th Lane N.W, Coon Rapids
Bill Je en, 6875 Highway #65 N.E.
Al/eaBttached
stfall, P.S.I.
Stllings, Planning Commission Chairperson
( list)
APPROVAL OFZEPTEMBER 22, 1987, APPEALS CMIMISSION MINUTES:
MOTION 4ff MR. BARNA, SECONDED BY DR. 170S, TO APPROVE THE SEPTEMBER 22, 1987,
Z;PEAI,,d COMMISSION MINUTES AS WRITTEN.
A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION
ED UNANIMOUSLY.
1. CONSIDERATION OF A VARIA.N';E REQUEST, VAR #87-33, BY RODNEY DAY, P'..'P.SUANT
0 CHAPTER 2 5.0 .03, D, -2b, 0 THE FRIDLEY CITY CODE TO REDUCE THE SIDE
YARD SETBACK FROM 5 FEET TO 2 FEET TO ALL014 THE CONSTRUCTION OF A r;AnAC--E
ON LOT 16 PARCEL A), AUDITOR'S SUBDIVISION NO. 23 nrvISED, THE S"14E BEIPIr,
64 8 RIVERIIIElf TEPPArE N.E., FRIDLEY, MINNESOTA,- 55432.
MOTION BY MR. BARNA, SECONDED BY MS. SAVAGE, TO OPEN THE PUBLIC HEARING.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE PUBLIC
HEARING OPEN AT 7:33 P.M.
Chairperson Betzold read the Administrative Staff Report:
Y
APPEALS COt""1ISSION PIEETING, OCTOBER 13, 1987 P/!.GC 2
ADMINISTRATIVE STAFF R!PORT
6418 RIVERVIEW TERRACE
VAR #87-33
A. PUBLIC PURPOSE SERVED BY REQL'IRE1ENT:
Section 205.07.03, D, 2b, requires a side yard setback adjoining an
attached garage of not less than 5 feet.
Public purpose served by this requirement is to provide space between
individual structures to reduce conflagration of fire, to provide
access to the rear yard for emergencies and to limi.t the condition of
crowding in the residential neighborhood.
B. STATED HARDSHIP:
"Garage required to house a handicap van and leave existing handicap
ramp intact next to house. Garage will have a one foot overhang."
C. ADMINISTRATIVE STAFF REVI Ell:
The petitioner presently has no garage. One of the occupants is
handicapped and uses the wheelchair ramp located on the south side of
the existing house. The proposed garage would be separated from the
house by four feet to save the existing ramp down to the rear walkout.
The proposed garage is going.to be 14 feet wide and would be 2 feet
from the south property line. The house to the south is 19.5 feet
away.
If the Commission approves this request, the Staff recommends that both
the south and north walls be one-hour fire rated.
f1s. Campbell stated Staff has no objection to the variance, but would
recommend that the north and south walls be one-hour fire rated.
Mr. Barna stated that on the site plan, it showed an exception of 5 ft.
Mr. Rodney Day stated he was the contractor representing the homeowner.
He stated it was his understanding that the 5 ft. exception was involved in
a previous property sale where the neighbor's garage to the south was built
too close to the lot line and at that time 5 ft. was made available to the
neighboring property to accommodate the problem.
Ms. Evelyn Bruflodt stated that before she purchased the property, 5 ft. on
the south was sold to the next lot because their garage was 2 ft. over the
lot line because of a surveyor's error. This all happened before she
purchased the property, and that was one reason the variance was needed
because the lack of the 2 ft. made the area for the garage even smaller.
J
APPEALS COMMISSION MEETING, OCTOBER 13, 1987 PP.nr 3
fis. Bruflodt stated the neighbor to the south was at the meeting, and they
have no objection to this variance.
Mr. Day stated they would like to preserve the existing handicap ramp so
they can have entrance to the lower level living quarters where the handi-
capped person resides. There was a considerable drop-off and the 30 ft.
setback from the bluff line on the river put them right into the middle of
theincline and would still put the garage pretty close to the house.
'is. Savage stated was the reason for the variance because of the special
need to preserve the handicap ramp? If it were not for the handicap
ramp, could the garage then be attached to the house and there would be no
need for a variance?
fir. Day stated that was correct. There would be no need for a variance if the
garage was attached to the house.
fir. Harold Loge, 6416 Riverview Terrace, stated he was the neighbor to the
south, and he had no objection to the variance as requested by f".s. Bruflodt.
MOTION BY MR. BARNA, SECONDED BY MS. SAVAGE, TO CLOSE. THE PUBLIC HEAPING.
UPON A VOICE VOTE, ALL VOTING AYE., CHAIRPERSON BETZOLD DECLARED THE PUBLIC
HEARING CLOSED AT 7:45 P.M.
Dr. Vos stated he did not see any other way of building the garage if they
are going to preserve the handicap ramp due to the location of the house,
the lot lines, and the drop-off at the back of the lot. And, the hardship
was due to the need for the handicap ramp.
Ms. Savage stated she would agree. She felt there was a hardship just in the
need for a garage in Minnesota and the fact that the garage cannot be built
attached to the house and still maintain the handicap ramp. The situation
of the 5 ft. exception was something that did exist before the petitioner
purchased the property. She would be in favor of granting the variance.
"ir. Barna stated that if the 5 ft. had not been sold before the petitioner
purchased the property to provide more room for the neighbor's garage, there
would have been no need for a variance because the 3 ft. would have been there
plus an additional 2 ft. The hardship was not created by the petitioner, and
the handicap issue takes precedence over anything else as far as a hardship.
fir. Betzold stated he agreed with what had been said by the other
Cocuni ssione rs.
MOTION BY MS. SAVAGE,, SECONDED BY DR. VOS, TO APPROVE VARIANCE REQUEST,
VAR #87-33, BY RODNEY DAY, PURSUANT TO CHAPTER 20.5.07.03, D, 2b, OF T.HF,
FRIDLEY CITY CODE TO REDUCE THE SIDE YARD SETBACK FROM 5 FEET TO 2 FEET TO
ALLOW THE CONSTRUCTION OF A GARAGE ON LOT 16 (PARCEL A), AUDITOR'S SUB-
DIVISION NO. 23 REVISED, THE SAME BEING 6418 RIVERVIEW TERRACE. N.E., FRIDLEY,
MINNESOTA, WITH THE STIPULATION THAT THE SOUTH AND NORTH WALLS BE ONE-HOUR
FIRE RATED.
APPEALS COMMISSIOM MEETING, OCTOBER 13, 1987 PAGE 4
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION
CARRIED UNANIMOUSLY.
2. CONSIDERATION OF A VARIANCE REQUEST, VAR #87-34, BY SHIRLEY SEVE SON,
PURSUANTTO CHAPTER 205.0 .03, D, 2a, OF THE FRIDLEY CITY CODE T RMUICE
HE SIDE YARD SETBACK FRO!'. 10 FEET TO 5 FEET TO LL0W THE COPTS UC ISN OF
MINNESOTA, 55432.
MOTION BY MR. BARNA, SECONDED BY DR. VOS, TO OPEN THE P BLIC HEARING.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZO D DECLARF,D THE PUBLIC
HEARING OPEN AT 7:45 P.M.
Chairperson Betzold read the Administrative Sta Report:
ADMINISTRATIVE STAFF AEPORT
6490 RIVERVIEW TERR CE N.E.
VAP, #87-34
A. PUBLIC PURPOSE SERVED BY REQUIREMENTA.
Section 205.07.03, D, 2a, requireg a minimum side yard depth of 10 feet
between any living area and side/ property lines.
Public purpose served by this requirement is to maintain a minimum of
20 feet between living areas in adjacent structures and 15 feet between
garages and living areasi adjacent structures to reduce exposure to
conflagration of fire. I is also to allow for aesthetically pleasing
open areas around reside tial structures.
B. STATED HARDSHIP:
"Occupancy of house/to increase due to family members moving in."
C. AD11INISTRATIVE STAFF REVIEW:
The petitioney wants to build living space area above the existing
attached gar ge, which is 5 feet from the south property line. The
house to t south is in front of the existing garage. The proposed
room woul have a bay window in it. The building code restricts the
use of w ndows to a minimum of 3 feet from a property line. Therefore,
if the ariance is approved, the maximum projection of the window would
be 2 eet.
Th deck along the back of the room should not project south of the
11 of the existing garage.
�"�''
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STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF FRIDLEY
In the Matter of a Variance, VAR #87-33
"95551
APPEALS COMMISSION PROCEEDINGS
VARIANCE
Rodney Day , Owner
The above entitled matter came before the Appeals Commission of the City of
7
October Fridley and was heard on the 13th day of Ober , 19--L--,
on a petition for a variance pursuant to the City of Fridley's Zoning
Ordinance, for the following described property:
Reduce the side yard setback from 5 feet to 2 feet to allow the construction
of a garage on Lot 16 (Parcel A), Auditor's Subdivision No. 23, Revised, the
same being 6418 Riverview Terrace N.E.
IT IS ORDERED that a variance be granted as upon the following conditions or
reasons:
See Appeals Commission minutes of October 13, 1987.
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 t he City of
Frid ey Minnesota, in he County of Anoka on the day of
, 19.
DRAFTED BY:
City of Fridley
6431 University Avenue N.E.
Fridley, MN 55432
dt�z���
SHIRLEY A. AAAPALA, CRY CLERK. µ
Variances are valid for a period of one year follows \
ng approval, and- shall be
considered void if not used within that period.
(SEAL-)
s
CITY OF FRIDLEY
APPEALS CO!""ISSION MEETING, OCTOBER 13, 1987
CALL TO ORDER:
Chairperson Betzold called the October 13, 1987, Appeals Commission eeting to
order at 7:3^ p.m. .,
POLL CALL:
Members Present: Donald Cetzold, Alex Barna, Diane Save, Kenneth Vos
Members Absent: Jerry Sherek
Others Present Lisa Campbell, Code Enforce n
Rodney Day. 2957 - 108th ne N.E.
welyn Bruflodt, 6418 'vervie►� Terrace
Jeff Johnson, Barna uzy, Et -A., 3989 Central Ave. N.F.
Doug Siverhus, 22 - 110th Lane N.W, Coon Rapids
Bill Jensen, 68 Highway #65 N.E.
Allen I•lestfa P.S.I.
Steve Bill' gs, Planning Commission Chairperson
(See at shed list)
APPROVAL OF SEPT .BER 22, 1987, :APPEALS CWMISSION MINUTES:
MOTION BY 9-. BARNA, SECONDED BY DR. VO,S, TO APPROVE. THE SEPTEMBER 22, 1987,
APPEALS CAMMISSION MINUTES AS WRITTEN.
VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BF.TZOLD DECLARED THE MOTION
UNANIMOUSLY.
1. CONSIDERATIOV OF A VARI IN E REQUEST, VAR #`87-33, BY P.ODMEY DAY, P RS-lIANT
0 CHAPTER 205.0 -T. -03.D. 2b. OF THE FRIDLEY CITY CODE TO REDI'CE THE SIDE
i r.nu v:. unVh f I%Ul { 4 1 -LL 1 IV L f:...1 IV HLLUN 1 f7L" LUiIJ i IWU ; 1UA UI' !1
ON LOT 16. PARCEL , AUDITOR'S SUBDIVISIPH NO. 23 U11ISED, THE S^!4r' BEINn
4 !' I. EP,AI .t ,..Ro „� .I. RIDLE, NINNESUA, 55432.
MOTION BY MR. BARNA, SECONDED BY MS. SAVAGE, TO OPEN THE PUBLIC HEARING.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON, BETZOLD DECLARED TfiF, PUBLIC
HEARING OPEN AT 7:33 P.M.
Chairperson Betzold read the Administrative Staff Report:
APPEALS CO. .SSION MEETING, OCTOBER 13, 1987 PP.GE 2
ADMIPJISTRATIVE STAFF REPORT
6418 RIVERVIEW TERRACE
VAR #87-33
A. PUBLIC PURPOSE SERVED BY REQUIRE'1ENT:
Section 205.07.03, D, 2b, requires a side yard setback adjoining an
attached garage of not less than 5 feet.
Public purpose served by this requirement is to provide space between
individual structures to reduce conflagration of fire, to provide
access to the rear yard for emergencies and to limit the condition of
crowding in the residential neighborhood.
B. STATED HARDSHIP:
"Garage required to house a handicap van and leave existing handicap
ramp intact next to house. Garage will have a one foot overhang."
C. ADMIPJISTRATIVE STAFF REVIEW:
The petitioner presently has no garage. One of the occupants is
handicapped and uses the wheelchair ramp located on the south side of
the existing house. The proposed garage would be separated from the
house by four feet to save the existing ramp down to the rear walkout.
The proposed garage is going to be 14 feet wide and would be 2 feet
from the south property line. The house to the south is 19.5 feet
away.
If the Commission approves this request, the Staff recommends that both
the south and north walls be one-hour fire rated.
'!s. Canpbell stated Staff has no objection to the variance, but would
recommend that the north and south walls be one-hour fire rated.
fir. Sarna stated that on the site plan, it showed an exception of 5 ft.
fir. Rodney Oay stated he was the contractor representing the homeowner.
He stated it was his understanding that the 5 ft. exception was involved in
a previous property sale where the neighbor's garage to the south was built
too close to the lot line and at that time 5 ft. was made available to the
neighboring property to accommodate the problem.
Ms. Evelyn Bruflodt stated that before she purchased the property, 5 ft. on
the south was sold to the next lot because their garage was 2 ft. over the
`lot line because of a surveyor's error. This all happened before she
purchased the property, and that was one reason the variance was needed
because the lack of the 2 ft. made the area for the garage even smaller.
APPEALS CV11ISSION MEETING, OCTOBER 13, 1987 PA.rr 3
Ms. Bruflodt stated the neighbor to the south was at the meeting, and they
have no objection to this variance.
lir. Day stated they would like to preserve the existing handicap ramp so
they can have entrance to the lower level living quarters where the handi-
capped person resides. There was'a considerable drop -o-11 and thp,3n ft.
setback from the bluff line on the river put them right into the middle of
theincline and would still put the garage pretty close to the house.
"s. Savage stated was the reason for the variance because of the special
need to preserve the handicap ramp? If it were not for the handicap
ranp, could the garage then be attached to the house and there would be no
need for a variance?
Nr. Day stated that was correct. There would be no need for a variance if the
garage was attached to the house.
fir. Harold Loge, 6416 Riverview Terrace, stated he was the neighbor to the
south, and he had no objection to the variance as requested by !:s. Bruflodt.
MOTION BY MR. BARNA, SECONDED BY MS. SAVAGE, TO CLOSE. THE PUBLIC HEAPING.
UPON A VOICE. VOTE, ALL VOTING AYE., CHAIRPERSON BETZOLD DECLARED THE PTTBLIC
HEARING CLOSED AT 7:45 P.M.
Dr. Vos stated he did not see any other way of building the garage if t"ey
are going to preserve the handicap ramp due to the location o -F the house,
the lot lines, and the drop-off at the back of the lot. And, the hardship
was due to the need for the handicap ramp.
Ms. Savage stated she would agree. She felt there was a hardship just in the
need for a garage in Minnesota and the fact that the garage cannot be built
attached to the house and still maintain the handicap ramp. The situation
of the 5 ft. exception was sonething that did exist before t!e petitioner
purchased the property. She would be in Favor of granting the variance.
"1r. Barna stated that if the 5 ft. had not been sold before the petitioner
purchased the property to provide more room for the neighbor's garage, there
would have been no need for a variance because the 3 ft. would have been there
plus an additional 2 ft. The hardship was not created by the petitioner, and
the handicap issue takes precedence over anything else as far as a hardship.
Nr. Betzold stated he agreed with whathad been said by the other
Commissioners.
MOTION BY MS. SAVAGE, SECONDED BY DR. VOS, TO APPROVE VARIANCE REQUEST,
VAR #87-33, BY RODNEY DAY, PURSUANT TO CHAPTER 205.07.03, D, 2b, OF THF.
FRIDLEY CITY CODE TO REDUCE THE SIDE YARD SETBACK FROM 5 FEET TO 2 FEET TO
ALLOW THE CONSTRUCTION OF A GARAGE ON LOT 16 (PARCEL A), AUDITOP.'S SUB-
DIVISION NO. 23 REVISED, THE SAME. BEING 6418 RIVERVIEW TERRACE, N.E., FRIDLEY,
MINNESOTA, WITH THE STIPULATION THAT THE SOUTH AND NORTH WALLS BE 017F. -HOUR
FIRE RATED.
a 6
"1"95551
11=o7a t
r,
0a,
Grantee
Recorded
Checked
Margin
Tz. index
City of Fridley
6431 University Ave NE.
Fridley, MN 55432
Community Development Dept.
ME OF CWM MOROM
STATE OF fA'AIWE8*Y&Mfly OF AMX4
I hereby cerffy riat Lea s ^i 3 n Pstrit.
MMt "S fkd 41 U ; Aifcce fer recor'l
on the ____FEB j Igag
IL 0,*4 taff v
No der
IY RICO der
BY _11NUDIY
City of Fridley
6431 University Ave NE.
Fridley, MN 55432
Community Development Dept.
CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 •. PHONE (612) 571-3450
Rodney Day
2957 - 108th Lane N.W.
Coon Rapids, AST 55433
October 21, 1987
On Tuesday, October 13, 1987, the Fridley Appeals Commission officially
approved your request for a variance, VAR #87-33, pursuant to Chapter
205.07.03.D.2.b of the Fridley City Code, to reduce the side yard setback
from 5 feet to 2 feet to allow the construction of a garage on Lot 16 (Parcel
A), Auditor's Subdivision No. 23 Revised, the same being 6418 Riverview
Terrace N.E. with the following stipulations:
1. The south and north walls be one-hour fire rated.
If the work has not commenced within one (1) year after granting this
variance then the variance shall become null and void.
If you have any questions regarding the above action, please call the
Planning Department at 571-3450.
Sincerely,
CQMZ�)
Darre
Clark
Chief Building Official
DC/dm
Please review the noted stipalaticns, sign the statement below, and return
one copy to the City of Fridley Planning Department by November 4, 1987.
Concur n. i
cc: Evelyn Bruflodt
Rodney Day
2957 - 1081fn Lane N.W.
Coon Rapids, MN 55433
October 21, 1987
On Tuesday, October 13, 1987s. the Fridley Appeals Commission officially
approved your request for a variance, VAR #87-33, pursuant to Chapter
205.07.03.D.2.b of the Fridley City Code, to reduce the side yard setback
from 5 feet to 2 feet to allow the construction of a garage on Lot 16 (Parcel
A), Auditor's Subdivision No. 23 Revised, the same being 6418 Riverview
Terrace N.E. with the following stipulations:
1. 11he south and north walls be one-hour fire rated.
If the work has not commenced within one (1) year after granting this
variance then the variance shall become null and void.
If you have any questions regarding the above action, please call the
Planning Department at 571-3450.
Sincerely,
Darrel Clark
Chief Building Official
DC/dm
Please review the noted stipulations, sign the statement below, and return
one copy to the City of Fridley Planning Department by November 4, 1987.
Concur with action taken.
cc: Evelyn Bruflodt
CITY OF FRIDLEY
T
6431 UNIVERSITY AVE. N.E.
FRIDLEY, MN 55432
(612) 571-3450
PROPERTY INFORMATION
VARIANCE REQUEST FORM
VARIANCE # 6 7-11
VARIANCE FEE RECEIPT # :;,? G°
SCHEDULED APPEALS MEETING DATE /0
PROPERTY ADDRESS
LEGAL DESCRIPTION: I (�
LOTS' BLOCK TRACT/ADDITION jc�t� ribiL 5 aJcs��IyyLs Btu®° z 3 �k&-05&9
PRESENT ZONING [-telDGnJ7--t14C
VARIANCE REQUEST(S): Attach a plat or survey of the property showing building,
�/ variance(s�), where applicable. I
�eDuess-7" A VARrs�-�Q 0-/�r `rD bcsiQ ACr6- o5
20,x. Abu
Section of the Code:
List specific hardship(s) which require the variance(s): GA ---AQ-- A-'GQuepQdF- n -/a^ Aa,jp'
i4 n'� N• E esTi^,� dl ° 2A,r, au�74 s✓F,rT lyeles� 1pl�c2aC - tn/1P �f
uAye A I r t���raN�rr� r Se-rhAeK GAvetocvqfi- q ` = ldrliNe 7Z I4,S6
FEE OWNER INFORMATION
NAME (please print) 4-V -e— G //v- LPA &LU ® C17— PHONE
ADDRESS�--
SIGNATURE DATE �� F7
Note to roc.essa,6.
PETITIONER INFORMATION
NAME (please print) ivy® d< -,S PHONE
ADDRESS a9 `7- /0.8N LA �,� /V� W ^;�14.,p 1--.-S4,1v - S.$ -q 33
SIGNATURE
APPEALS COMMISSION: APPROVED
CITY COUNCIL: APPROVED
STIPULATIONS:
DATE
############################################
DENIED DATE
DENIED DATE
s �
r
VARIANCES
5 • VARIANCES
A. Appeals Coudssion.
The City Council created an Appeals Concussion to serve as the
` board of appeals and adjustment, and to exercise all the
authority and perform all functions of said board pursuant to
Hinnesota Statute Sections 462.351 to 462.364 and operate
according to the Fridley City Code.
B. Petition By Owner.
(1) Appeals from Decisions on Code Enforcement: At any
time within thirty (30) days, any property owner who feels
aggrieved by an alleged error in any order, requirement,
decision or determination made by an administrative off icer
in the enforcement of this Chapter which affects the owner's
property, may appeal to the Appeals Commission by filing a
written appeal with the City. The appeal shall fully state
the order appealed from, the facts of the matter and the
mailing address of the owner.
(2) Request for Variances�f�e strictChapter
licationaof®the
A property owner may apps PP
provisions of this Chapter where there are practical
difficulties or particular hardships preventing the strict
application of the regulations of this Chapter. An
application for a variance shall be filed with the City and
shall state the exceptional conditions and the peculiar and
practical difficulties claimed as a basis for a variance.
C. Reconulen&tions By Appeals C=dssion.
Within thirty (30) days after filing an appeal from an
adrninistrative order or determination, or request for variance
from City Code provisions the Appeals Commission shall hold a
public hearing thereon and shall hear such persons as want to be
heard. Notice of such hearing shall be mailed not less than ten
(10) days before the date of hearing to the person or persons
who file the appeals, and to all adjacent property owners within
a 200 foot distance of the requested variance location. Within
a reasonable time, after the hearing, the Appeals Commission
shall make its recommendations or approvals subject to
conditions of the Fridley City Code and forward a copy of such
recommendation or approval to the City Council through the
Planning Corunission.
D. Variances In R-1 Zoning.
(1) In areas zoned R-1 (One Family Duelling. District), the
Appeals Commission has the authority to grant final approval
of variances when all of the following conditions are met:
(a) There is unanimous agreement of the Appeals
Conudsslon.
(b) The staff concurs with the recommendations of the
Appeals Commission.
(c) The general public attending the meeting or
responding to the notice of public hearing have no
objection.
(d) The petitioner is in agreement with the
recommendation.
(2) When the above conditions are not met, the variance
request must be reviewed by the Planning Commission with
final approval by the City Council.
E. Record Of Action Taken.
The Appeals Commission shall provide for a written record of its
proceedings which shall include the minutes of its meeting, its
findings and the reoomyendation or approval of each matter heard
by it. The finding of fact shall contain the following:
(1) The public policy which is served by requirement.
(2) The practical difficulties or unique circumstance of
the property that cause undue hardship in the strict
application of the requirement.
(3) In recommending or approving a variance, the Commission
and/or Council may impose conditions to ensure compliance
and to protect adjacent properties.
F. Action By The City Council.
Ube Council shall at its next regular meeting, after receiving
the recommendation of the Appeals Commission, with a policy
review by the Planning Commission, decide on the action to be
taken.
G. Lapse Of Variance By Non-use*
if work as permitted by a 'variance is not commenced within one
year and completed within two years after granting of a
variance, then the variance shall become null and void unless a
petition for extension of time in which to complete the work has
been granted by the City Council. Such extension shall be
requested in writing and f iled with the City at least twenty
(20) days before the expiration of the original variance. The
request for extension shall state facts showing a good faith
attempt to complete the work permitted in the variance. Such
petition shall be presented to the appropriate body for review
and/or decision.
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 13, 1987, in regard to the
following matter:
Consideration of a variance request, VAR #87-33, by Rodney
Day, pursuant to Chapter 205.07.03, D, 2b, of the Fridley
City Code, to reduce the side yard setback from 5 feet to 2
feet to allow the construction of a garage on Lot 16 (Parcel
A) , Auditor's Subdivision No. 23 Revised, the same being 6418
Riverview Terrace N.E., Fridley, Minnesota, 55432.
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 BETZCLD
CHAIRMAN
APPEALS C MMISSION
Note: The Appeals Cmimission 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 Commissim with only a recommendation from the Appeals Commission.
17- 7-0 L -t L)) IUCD
/JJ / 99,5-
George Bydlon
6454 Riverview Terrace
Fridley, MN 55432
John Metcalfe
6418 Riverview Terrace
Fridley, MN 55432
Daniel Klingensmith
6420 Riverview Terrace
Fridley, MN 55432
Maurice Bruflodt
6418 Riverview Terrace
Fridley, MN 55432
Scott Greenwald
6419 Riverview Terrace
Fridley, MN 55432
Appeals 10/13/87
MAILING LIST
VAR #87-33
for 6418 Riverview Terrace
Alvin Flanders Russell Soderstrom
6350 Riverview Terrace 6438 Riverview Terrace
Fridley, MN 55432 Fridley, MN 55432
James Rau
6336 Riverview Terrace Albin Myslajek
Fridley, MN 55432 6430 Riverview Terrace
Fridley, MN 55432
Sandy Hines Leif Henriksen
6336 Riverview Terrace 6434 Riverview Terrace
Fridley, MN 55432 Fridley, MN 55432
Jerry Roy John Estling
6351 Riverview Terrace 6440 Riverview Terrace
Fridley, MN 55432 Fridley, MN 55432
James Cody Russell Soderstrom
6431 Riverview Terrace 6440 Riverview Terrace
Fridley, MN 55432 Fridley, MN 55432
Gordon Nebelung
6417 Riverview Terrace
Fridley, MN 55432
Harold Loge
6416 Riverview Terrace
Fridley, MN 55432
Y- I Item #1, October 13, 1987
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6418 RIVERVIM T RPAM
VAR #87-33
Section 205.18.03, D, 2b, requires a side yard setback adjoining an
attached garage of not less than 5 feet.
Public purpose served by this requirement is to provide space between
individual structures to reduce conflagration of fire, to provide
access to the rear yard for emergencies and to limit the condition of
crowding in the residential neighborhood.
B. STATED HARDSHIP:
"Garage required to house a handicap van and leave existing handicap
ramp intact next to house. Garage will have a 1 foot overhang."
The petitioner presently has no garage. One of the occupants is
handicapped and uses the wheelchair ramp located on the south side of
the existing house. The proposed garage would be separated f ram the
house by four feet to save the existing ramp down to the rear walkout.
The proposed garage is going to be 14 feet wide and would be 2 feet
from the south property line. The house to the south is 19.5 feet
away.
If the Commission approves this request, the staff recommends that both
the south and north walls be one-hour fire rated.
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LOCATION MAP
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AERIAL MAP
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SITE PLAN
FRIDLEY
rI'liat part of Lot 16, Auditors Subdivision No. 23 Revised; Anoka County, Minnesota,
lying Westerly of Riverview Terrace and Northeasterly of a line drawn from a point
y
on the Northwesterly line of said Lot 16 distant 130.0 feet Southwesterly from its
intersection with the Westerly right of way line of said Riverview 'Terrace to a
poi
point on the Southeasterly line of said Lot 16 distant 80.0 feet Southwesterly from
the
he Westerly right of viay: line of said Riverview Terrace , except the Southeasterly
N1. N 11 51 0 feet thereof, also subject to easement for ingress and egress over the North 12
feet of the South 17 feet thereof. Along and together with an easement for ingress
and egress over the North 8 feet of the South 13 feet thereof to the Mississippi River
of the following. described tract.
That part of Lot 16, Auditors Subdivision No. 23 Revised, Anoka County, Minnesota,
lying Southwesterly of a line drawn from a point.on the Northwesterly line of said
Lot 16 distant 130 feet Southwesterly from its intersectionwiththe Westerly right
of way line of Riverview Terrace to a point on the Southeasterly line of said Lot 16
'distant 80.0 feet Southwesterly from the Westerly right of way line of said Riverview
:'17errace, except the Southeasterly 5.0 feet thereof.
COMMISSION APPLICATION REVIEW
Department Number F11e Date Meeting Date
CITYOF Planning 78 9/28/87 10/13/87
FFUDLEY
File Address/Description VAR #87-33 COMPLETE REVIEW CHECKLIST
Rodney Day 6418 Riverview Terrace
side yard setback from 5' to 2' for garage RETURN TO PLANNING
® KATHY COMMENTS
JOHN�
19DARREL
CLYDE
WMARK
EILEON �o J
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