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VAR 04.85W al, 1985 pe'.'��u��� 141AteA-4 40 I 0030 ISCITY OF FRIDLEY, COMMISSION APPLICATION MINNESOTA REVIEW COMPLETE REVIEW CHECKLIST RETURN TO PLANNING ❑ JIM ]PHIL Darrel Mark Clyde ohn Leon PILE NIOf A00ACS6VC -1[.tJ'' 51,dc, arp JP-om-lb' to COMME ONE DATE • A � . AE. CORNER - - -- �+, c. ►. Awl Mob V6 GL {144 . , Rf' PAO i►$AA ► 6035 oft �� �� a: 031 • � � .a r � �. Of e,,�• �, � � � ,ext y bg b c�2o t a A • � �� � � � � + � ��c � VO�Y F _ FH — -4 SPOI jw OP 10 S96S4 IS70 �.�. s.�.�.. S990 d l •Gswr.- is,7er ; v ,Ili*—QWI Ar Sul, VA N I-04 to , A► 1 � 16 50180 C OIL. �. 1 t: S%Q '� �rT 'alt ` ;�► e �.. /� , w A AwA" Lamm 1 G"v1141110 4% 1! wU Vsro) t �• n i Aairr.Y �P. A'i-rlerr (Alf" 5816 N E. CORNER -- Alp i jow(Boo t ` . .90Ole, GL a► - - 6014. 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TRACT OR ADDITION LEGAL DESCRIPTION: VARIANCE-REQUEST(S): (Attach plat or survey of property showing building, variances, etc., where applicable) �516rt i L� V�r�� �s Fn-c� RQ(Q%J u�10 Its tm P �% 1 b Q � ®y: I DATE .r " _ SIGNATURE ADDRESS 040 91'l ru-S®^J TELEPHONE NO �? VARIANCES FOR CITY USE ONLY Board members notified of meeting by _ date notified. and •Yes" or "No" for p */.9FS' attend hearina. List a -embers, ' ' Mame Oate* Plan To Attend G r Person making appeal and the following property owners having property within 200 feet notified: Name By Whom Date Phone or Mail Ni�ied M/M Harlen Hanscom -6000 Stinson Blvd: N.E. '•'_ - _e -$acre a inson v . ---� 1 M/M Thomas Haley 6030 Stinson Blvd. N.. E. M/M'Michael Kubacki 6040 Stinson Blvd N.E.. • M/M James Van Eerden.- 6050 Stinson Blvd. N.E. M/M John Livingston 6060 Stinson Blvd N.E. M/M John M. Sell 6070 Stinson Blvd N.E. M/M Ralph Stouffer - 6065 McKinley St N.E. Costas Nichols - 6055 McKinley Street N.E. `M/M Lance C. Buoen-6045 McKinley Street N.E. M.¢M Ward SUenstra 6035 McKinley Street N.E. _ M/M John Benson - 6025 MkKinley Street N.E. Denzil W. Jackson - 6015 McKinley Street N.E. + ' ' M/M Rolf M. Dahle 5995 McKinley Street N.E. " M/M Thomas E. Joseph 6034 McKinley Street N.E. M/M Frederick T. -Weeks - 6044 McKinley Street N E. — - M/M Paul W. Spencer- 6020 McKinley Street N.E. - City of New Brighton, 803 5th Avenue N.W. New Brighton, MN 55112 -" 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, April 9, 1985 in regard to the following matter: Consideration of a variance pursuant to Chapter 205 of the Fridley City Code, to reduce the side yard for living area from the required 10 feet to 7 feet, to allow a 12 ft. by 12 ft. addition behind the garage, located on Lot 3, Block 1, Amber Oaks, the same being 6040 Stinson Blvd. 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. Item #3, April 9, 1985 ADMINISTRATIVE STAFF REPORT 60140 Stinson Boulevard N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.07.3D.2a, requires a minimum 10 'foot side yard setback between living areas and any side property line. 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 areas in adjacent structures to reduce exposure to conflagration of fire. It is also to allow for aesthetically pleasing open areas around residential structures. B. STATED HARDSHIP: "Need extra space (width) to allow for easy passage through to the outside area, and to make room wide enough for normal use." C. ADMINISTRATIVE STAFF REVIEW: The house to the south of the petitioner's house is 17 feet from the common property line. Therefore there would be 214 feet between living areas if the variance is granted. The staff has no stipulations to suggest if the Board recommends approval. APPEALS COMMISSION MEETING, APRIL'9, 1985 PAGE 6 Ms. Gabel stated this sign is a necessary sign, and the reduction in size was very desirable. She had no objection to the variance. MOTION BY MS. GEROU, SECONDED BY MR. BETZOLD, TO RECOMMEND TO CITY COUNCIL APPROVAL OF A VARIANCE REQUEST PURSUANT TO CHAPTER 214 OF THE FRIDLEY CITY CODE TO ALLOW A FREE-STANDING SIGN TO BE INCREASED FROM THE MAXIMUM OF 80 SQUARE. -FEET TO 144 SQUARE FEET THAT WILL BE LOCATED ON COUNTY PARK PROPERTY ON LOT 13, AUDITOR'S SUBDIVISION NO. 79, ACROSS FROM 4,900 EAST RIVER ROAD N.E. UPON A VOICE VOTE, GABEL, GEROU, AND BETZOLD VOTING AYE, BARNA ABSTAINING, CHAIRPERSON GABEL DECLARED THE MOTION CARRIED. Ms. Gabel stated this item would go to City Council on May 6. 3. VARIANCE REQUEST PURSUANT TO CHAPTER•205 OF•THE•FRIDLEY�CITY CODE TO REDUCE SETBACK FOR LIVING' R +•v r.wn n If. 15v ul •lc. lie wuaiLVII U. -14411W .I.Iu,.%Anl%l14L. vn r.vI a$ 40"W % ., E S(Request y u ac i, -Stinson Blvd. N.E., Fridle—y—,—Kn. 55432). MOTION BY MS. GEROU., SECONDED BY MR. BARNA, TO OPEN THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC HEARING OPEN AT 8:08 P.M. Chairperson Gabel read the Administrative Staff Report: ADMINISTRATIVE STAFF REPORT 6040 Stinson Boulevard N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.07.3D.2a requires a minimum of 10 foot side yard setback between living areas and any side property line. 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 areas in adjacent structures to reduce exposure to conflagration of fire. It is also to allow for aesthetically pleasing open areas around residential structures. B. STATED HARDSHIP: "Need extra space (width) to allow for easy passage through to the outside area and to make room wide enough for normal use." APPEALS COMMISSION MEETING,'APRIL 9,'1985 ....... ... ... ..... PAGE 5 the sign is located on and they have asked FMC to reduce the size of the sign to 144 square feet. The County has no objection to having the sign located on their property. If the Board recommends approval on this request, the Staff has no stipulations to suggest. Mr. Clark stated that on one of the sign plans in the Commission's agenda, in the upper right hand corner, Mr. Torkildson, Director of the Anoka County Parks & Recreation Department,had verified the fact that the County has requested the sign be replaced with a smaller sign Mr. Sykora presented a letter to the Commission which was addressed to himself from the Anoka County Department of Parks & Recreation which stated that Anoka County has requested FMC to reduce the size of the informational sign located on Park property in the City of Fridley and has agreed with FMC for a sign approximately 12 ft. by 12 ft. being placed in a similar location for directional information only. The County was requesting this sign be replaced by the end of April 1985 or at least the existing sign be removed by that time. MOTION BY MS. GEROU, SECONDED BY MR. BETZOLD, TO RECEIVE THE LETTER INTO THE RECORD. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Sykora showed the Commissioners a photograph of the existing sign. located on Anoka County property. He stated there are five entrances into FMC, and this sign is the only sign for southbound traffic. The only other sign in the area or across from East River Road from that is a large 30 ft. by 30 ft. sign that indicates that FMC is navy -owned, so people coming south, about 200 vehicles a day, have no indication that this is the main gate for them to enter so there is the potential safety hazard of people going too far or slowing down and not being sure of the right entrance. Ms. Gabel stated it has been her position that any time they can reduce a large sign as significantly as this, they are headed in the right direction. MOTION BY MS. GEROU, SECONDED BY MR. BETZOLD, TO CLOSE THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC HEARING CLOSED AT 8:04 P.M. Ms. Gerou stated she had no problem with this variance. The sign was being reduced to about 1/3 of the existing sign. Mr. Betzold stated he felt a directional sign at this particular location was needed, because there are so many entrances. He had no objection to the variance. APPEALS'COMMISSION MEETING;'APRIL-9;'1985. .. PAGE 7 C. ADMINISTRATIVE STAFF REVIEW: The house to the south of the petitioner's house is 17 feet from the common property line. Therefore, there would be 24 feet between living areas if the variance is granted. The staff has no stipulations to suggest if the Board recommends approval. Mr.Clark stated that on the last page of the Commission's agenda was a letter from the neighbor to the south, Tom Haley, 6030 Stinson Blvd., stating he had no objection to Mr. Kubacki's plans. MOTION BY MS. GEROU, SECONDED BY MR. BARNA, TO RECEIVE THE LETTER DATED MARCH 21, 1985, FROM TOM HALEY. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Kubacki showed the Commission the plans for the addition. He stated that when they originally built the house,.they had wanted a family room; but for financial reasons, they did not add the family room on at that time. Their family has now increased, and they would like to add the family room on. The minimum he could build was 82 ft., but in order to make room for adequate passage into the house, a closet area, and mud room area, the extra 32 ft. would make a real functional room. He stated he also hopes to gain some solar heat from the southern exposure. Mr. Kubacki stated that because of poor soil in the area, this area of the lot was the only part that was really buildable. That was why the house was located close to the southerly lot line and was not centered on the lot. MOTION BY MS. GEROU, SECONDED BY MR. BARNA, TO CLOSE THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC HEARING CLOSED AT 8:20 P.M. Mr. Betzold stated there would still be 24 ft. between this house and the neighbor's house, and the overall structure was not being moved any closer, just extending the line, although this will be living area as opposed to garage area. The petitioner would not have had this problem if the house could have been built more in the center of the lot. He thought a variance was appropriate in this case. Mr. Barna stated he had no problem with the variance. The living area would still be 12 ft. away from the neighbor's house than the garage is now. He could see the need for additional living space. The placement of the house on the lot was basically the reason for the variance; it was nothing caused by the petitioner himself. APPEALS COMMISSION'MEETING;'APRIL'9i'1985. PAGE 8 Ms. Gerou stated that because of the uniqueness of the lot, the placement of the house on the lot, and the fact that the line was just being extended, she would be in favor of the Variance. Ms. Gabel agreed with what the other Commissioners had said. MOTION BY MS. GEROU, SECONDED BY MR. BARNA, TO APPROVE THE VARIANCE REQUEST PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY CODE TO REDUCE THE SIDE YARD SETBACK FOR LIVING AREA FROM THE REQUIRED 10 FEET TO 7 FEET TO ALLOW A 12 FT. BY 12 FT„ ADDITION BEHIND THE GARAGE ONLOT3, BLOCK 1, AMBER 'OAKS, THE SAME BEING 6040 STINSON BLVD. N.E. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE MOTION CARRIED ,UNANIMOUSLY. ADJOURNMENT: MOTION BY 1R. BARNA, SECONDED BY MR. BETZOLD, TO ADJOURN THE••MEETING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE APRIL 9, 1985, APPEALS COMMISSION MEETING ADJOURNED AT 8:25 P.M. Res ctfully sub fitted, Lynhg Saba Recording Secretary STATE OF MINNESOTA APPEALS COMMISSION PROCEEDINGS CITY OF FRIDLEY f 675551 In the Mattero Varian -c locate on Lgt 3. Block 1. Amber Oaks, the same being 6040 Stinson Blvd. N.E. VARIANCE M. L. Kubacki,�6040 Stinson Blvd. N.9.0wner The above entitled matter came before the Appeals Commission of the City of Fridley and was heard on on the 9ah day of April , 19 85 , on a petition for a variance pursuant to the City of Fri ey s Zoning r lnance,or the following described property: To reduce the side yard setback for living area from the required 10 feet to 7 feet to allow a 12 foot by 12 foot addition behind the garage on Lot 3, Block 1, Amber Oaks, the same being 6040 Stinson Boulevard N.E. IT IS ORDERED that a variance be granted as upon the following conditions or reasons: See Appeals minutes of April 9, 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 th City of Fridley, Minnesota, in the County of Anoka on the day of 19. DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 SIDNEY IN�1AN, . ,. CITY CLEC y Variances are valid for a period of one year following approval and shiYl bg_ considered void if not used within that period. QU �- '( SEAL ), APPEALS COMMISSION MEETING, APRIL 9, 1985 PAGE 6 Gabel stated this sign is a necessary si and the reduction in size was desirable. She had no objectio the variance. MOTION BY GEROU, SECONDED BY . BETZOLD, TO RECOMMEND TO CITY C017NCXL APPROVAL OF A CE REQUES RSUANT 410 CHAPTER 214 OF THE FRIDLEY CITY CODE TO ALLOW A F -STAND G SIGN TO BE INCREASED FROM THE MAXIMUM OF 80 SQUARE FEET TO 14 ARE FEET THAT WILL BE LOCATED ON COUNTY PARK PROPERTY ON LOT 13, AUDITOR® UB ISILIN NO. 79, ACROSS FROM 4800 EAST RIVER ROAD N.E. UPON A VOI'PE'� VOTE, GABEL, GEROU, AN TZOLD VOTING AYE, BARNA ABSTAINING, CHAIRPESIMN GABEL DECLARED THE MOTION CAMUED. bel stated this item would go to City Count on May 6. 3. VARIANCE REQUEST PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY CODE TO REDUCE THE SIDE YARD SETBACK FOR .G TREA FROM TRE REQUIRED 1-0 fEET TO 7 FEET E 5 (Requesty u ac i, Stinson v ., ri ey, n. 55432). MOTION BY MS. GEROU, SECONDED BY MR. BARNA, TO OPEN THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC HEARING OPEN AT 8:08 P.M. Chairperson Gabel read the Administrative Staff Report: ADMINISTRATIVE STAFF REPORT 6040 Stinson Boulevard N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.07.3D.2a requires a minimum of 10 foot side yard setback between living areas and any side property line. 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 areas in adjacent structures to reduce exposure to conflagration of fire. It is also to allow for aesthetically pleasing open areas around residential structures. B. STATED HARDSHIP: "Need extra space (width) to allow for easy passage through to the outside area and to make room wide enough for normal use." L APPEALS COMMISSION MEETING, APRIL'9, 1985 PAGE 7 C. ADMINISTRATIVE STAFF REVIEW: The house to the south of the petitioner's house is 17 feet from the common property line. Therefore, there would be 24 feet between living areas if the variance is granted. The staff has no stipulations to suggest if the Board recommends approval. Mr.Clark stated that on the last page of the Commission's agenda was a letter from the neighbor to the south, Tom Haley, 6030 Stinson Blvd., stating he had no objection to Mr. Kubacki's plans. MOTION BY MS. GEROU, SECONDED BY MR. BARNA, TO RECEI:'E THE LETTER DATED MARCH 21, 1985, FROM TOM HALEY. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE MOTION CARRIED UNP.`'IMUUSLY. Mr. Kuban showed the Commission the plans for the addition. He stated that wheio 0ey originally built the house, they had wanted a family room; but for financial reasons, they did not add the family room on at that time. Their family has now increased, and they would like to add the family room on. The minimum he could build was 8, ft., but in order to make room for adequate passage into the house, a closet area, and mud room area, the extra 3z ft. would make a real functional room. He stated he also hopes to gain some solar heat from the southern exposure. Mr. Kubacki stated that because of poor soil in the area, this area of the lot was the only part that was really buildable. That was why the house was located close to the southerly lot line and was not centered on the lot. MOTION BY MS. GEROU, SECONDED BY MR. BARNA, TO CLOSE THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC HEARING CLOSED AT 8:20 P.M. Mr. Betzold stated there would still be 24 ft. between this house and the neighbor's house, and the overall structure was not being moved any closer, just extending the line, although this will be livinq area as opposed to garage area. The petitioner would not have had this problem if the house could have been built more in the center of the lot. He thought a variance was appropriate in this case. Mr. Barna stated he had no problem with the variance. The living area would still be % ft. away from the neighbor's house than the garage is now. He could see the need for additional living space. The placement of the house on the lot was basically the reason for the variance; it was nothing caused by the petitioner himself. APPEALS COMMISSION MEETING, APRIL 9,,1985 PAGE 8 0 Ms. Gerou stated that because of the uniqueness of the lot, the placement of the house on the lot, and the fact that the line was just being extended, she would be in favor of the variance. Ms. Gabel agreed with what the other Commissioners had said. MOTION BY MS. GEROU, SECONDED BY MR. BARNA, TO APPROVE THE VARIANCE REQUEST PUR ANT TO CHAPTER 205 OF THE FRIDLEY CITY CODE TO REDUCE THE SIDE YARD SETBACK FOR LIVING AREA FROM THE REQUIRED 10 FEET TO 7 FEET TO ALLOW A 12 FT. BY 12 FT. ADDITION BEHIND THE GARAGE ON IAT 3, BLOCK 1, AMBER OAKS, THE SAME BEING 6040 STINSON BLVD. N.E. UPON A VOICE VOTE,:• ALL. VOTING AYE, CHAIRPERSON GABEL DECLARED THE MOTION CARRIED ZINANIMOUSLY. ADJOURNMENT: MOTION BY lit. BARNA, SECONDED BY MR. BETZOLD, TO ADJOURN THE MEETING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE APRIL 9, 1985, APPEALS COMMISSION FETING ADJOURNED AT 8:25 P.M. Res ctfully su fitted, ynnjea a Recording Secretary 675551 Numerical Ckanwr Grantrs Reoorded Checked Margin 1y. Index OFFI�E OF COUNTY RECORDER STATE OF MINNESOTA, COUNTY OF ANOKA 1 hereby 1pertify that the within instru- ment was filed in this office for record on theON j�A.D., 19 2—o'clock :M., and was duly recorded in book_ page C�o inty Recorder BY Deputy r � l