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VAR 03.75Gj), or 14 a idlf:y 5UUJ14t � AT mE TUp of mt: 701INS _ APPLICATION TO L'Ol�f�ll OF APPEALS �. t:CIN�IdtlhiliY Qt Vl l.t)1•r.+1:HY 1„v � �.�'_'.".� I►aotcr:tlut: Ilasl•eriwro sl:c. CITY HAIL PIUDLEY 55432 . 4' fiWAI(,04 Fit UAIC ~Um <�/ Avi•i�uvtu 14r 910--11•23 1 3/21/75 .1 2 i309. !dame Address Phone ' NORMAN & PATSY SNYDER 7733 JACKSON ST, id. E. 786-2577 Lc gal Wt IJo. t;lock No. 'Tract or Addll. Description 6 MELODY MANOR' Variance Request:,); il-Icludi.ng stated hard hips (att-rcta plat: or survey of property shoring building, vari.ancos, etc., where apj.)].icable) � �o +'i • �� REQUEST VARIANCE OF the 35 ft. setback requirement The reason i Glove a beahtiful huge oak tree. Our home will be between two homes 'that face 90 °ts from ours. One home faces south the other will face north when its built. We will facb east. By building t'he house forward. it would bring it out so that it would line up more evenly.with the sides ofthe t imum of 10 ft. Date is ne adP _.t -the P 10/22/76 Meeting Date Fee Receipt No. signature 93 �6 Comments & Recommendations by the Board of Appeals City Council Action and I)ate q7 i 1 M_ ,' City cif' 1, ri lley AT THE TOP OF Tfir IWINS COMMUNITY DEVELOPMFNT DIV. r PHOTECIIVE IN wricuON SEC. i""'{ CITY HAIL rHIDLEY 55432 LUHJkGF APPLICATION TO BOARD OF (Staff Report) APPEALS n . P41JYMit 910-F23 FikV. 1 UASE 3/21/75 PA( -E OF 2 2 AVlIMMA) Isr Boo Staff Comments Hoard members date notified, notified of meeting by �76 List members, and "Yes" or "No" for plans to attend hearing. 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V J� o ,fip ��' a' I�Q' � -J � ��o °. •a : t�4`, C i � ° r ���%Q r � I L r � ^, � eIc 7ci1 `•y I1 r,L �;.yssi 1"-'S yd'�•�. fn 0w , ��\� .li� frc��- ----- ,o,'. .:a� �+.+��. .. „�;p' �� �� o. 1• l oy- o., �•� me nu r. R /fog E ?3Rd AVE' _ CIO f fc SEC. N yy;•;; � t�a SCALE 0 14 oro' ora k O pop 4FRTY I lv4' E'3.6 y LOT OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE APPEALS COMMISSION TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN that the Appeals Commission of'the City of Fridley will meet in the Council Chamber of the City Hall at 6431 University Avenue Northeast on Tuesday, November 9, 1976 at 7:30 P.M. to consider the following matter: A request for a variance of Section 205.053, 4, A, Fridley City Code, to reduce the required front yard setback from 35 feet to 20 feet, to allow the construction of a dwelling and garage, located on Lot 6, Block 5, Melody Manor Addition, the same being 7388 Symphony Street N.E., Fridley, Minnesota. (Request by Norman and Patsy Snyder, 7733 Jackson Street N.E., Fridley Minnesota 55432) Anyone who desires to be heard with reference to the above matter will be heard at this meeting. VIRGINIA SCHNABEL 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 Appear Commission. AMENDED ADMINISTRATIVE STAFF REVIEW 7388 Symphony Street N.E. C. ADMINISTRATIVE STAFF REVIEW: The petitioner states that the house to the North will face the North, but the front yard of that lot fronts on Symphony. If the lot to the North is developed with a 20 ft. front yard setback off Symphony, a variance to front yard setback would be required. Although the City of Fridley does not enforce private covenants, there is a restrictive covenant in the area, limiting front yard setbacks to 30 ft. minimum, and staff feels the petitioner should be aware of this. Staff has no objection to this variance request, but would like to encourage the lesser variance and setback to the 25 ft. line. Fridley Appeals Commission Meeting - November 9, 1976 Page 2 C. ADMINISTRATIVE STAFF REVIEW: The house as proposed is located such that adequate clearances from adjacent living areas in excess of 20 feet can be maintained when.the next lot is developed. Staff has no objection to this variance request, but would like to remind the petitioner to allow for additional clearance to house to the South when making his plans. No one was present to represent Daily Homes, Inc. Mr. Plemel stated that although no one was present to explain:this request, it had been discussed thoroughly at the last Appeals Commission meeting and no one had any problem with it. Chairperson Gabel said that unless anyone had an objection to this request, perhaps it could be acted on. MOTION by Plemel, seconded by Barna, to close the Public Hearing. Upon a voice vote, all voting.aye, the motion carried unanimously. MOTION by Plemel, seconded by Barna, that the Appeals Commission grant the variance from 10 feet to 5 feet. Mr. Holden suggested that a stipulation be added that there be no openings on that side of the structure. Mrs. Gabel asked if that wasn't part of the fire code, and Mr. Holden replied it wasn't at that distance. He explained it wasn't planned for any openings, so there shouldn't be any problem. Mr. Plemel AMENDED the MOTION to include the stipulation that there be no openings on the South side of the dwelling. Agreeable to Mr. Barna. UPON A VOICE VOTE, all voting aye, the motion carried unanimously. 2. REQUEST FOR A VARIANCE OF SECTION 205.053, 4,A, FRIDLEY CITY CODE, TO REDUCE THE REQUIRED FRONT YARD SETBACK FROM 35 FEET TO 20 FEET, TO ALLOW THE CONSTRUCTION OF A DWELLING AND GARAGE, LOCATED ON LOT 61 BLOCK 52 MELODY MANOR ADDITION, THE SAME BEING 7388 SYMPHONY STREET N.E., FRIDLEY, MINNESOTA. (Request by Norman and Patsy Snyder, 7733 Jackson Street N.E., Fridley, Minn. 55132). MOTION by Barna, seconded by Plemel, to open the Public Hearing. Upon a voice vote, all voting aye, the motion carried unanimously. ADMINISTRATIVE STAFF REPORT A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.053, 42 A. requiring a front yard setback of 35 feet. Public purpose served is to allow for off-street parking without encroaching on public right of way. Also for aesthetic consideration to reduce the "building line of sight" encroachment into the neighbor's front yard. FRIDLEY APPEALS COMMISSION MEETING NOVEMBER 91 1976 MEMBERS PRESENT: Barna, Gabel, Plemel MEMBERS ABSENT: Schnabel, Kemper OTHERS PRESENT: Ron Holden, Building Inspection Officer The meeting was called to order by Acting Chairperson Gabel at 7:34 P.M. APPROVE APPEALS COMMISSION MINUTES: OCTOBER 26, 1976 MOTION by Barna, seconded by Plemel, to approve the minutes of the October 26, 1976 Appeals Commission meeting as written. Upon a voice vote, all voting aye, the motion carried unanimously. 1. REQUEST FOR A VARIANCE OF SECTION 205.053, 4(b,l), FRIDLEY CITY CODE, TO REDUCE THE MINIMUM SIDE LOT REQUIREMENT NECESSARY ON THE LIVING SIDE OF A DWELLING'FROM 10 FEET TO 5 FEET, TO ALLOW THE CONSTRUCTION OF A DWELLING AND GARAGE ON LOT 6, BLOCK 1, ZANDER'S 1ST ADDITION, THE SAME BEING 6064 MCKINLEY STREET N.E., FRIDLEY, MINNESOTA. (Request by Dailey Homes, Inc., 8510 Central Avenue N.E., Spring Lake Park, Minnesota 55.32). MOTION by Plemel, seconded by Barna, to open the Public Hearing. Upon a voice vote, all voting aye, the motion carried unanimously. ADMINISTRATIVE STAFF REPORT A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.053, 4, (b-1) requiring a 10 foot side yard setback to living area in an R-1 zone. Public purpose served by this section of the code is to maintain a minimum of 20 feet between living areas in adjoining structures and 15 feet between garages and living areas in adjoining structures, to reduce exposure to conflagration of fire between structures. Also to allow for aesthetically pleasing open areas around residential structures. B. STATED HARDSHIP: Living area behind garage was overlooked in previous variance request. Fridley Appeals Commission Meeting - November 9, 1976 Page 3 r Be STATED HARDSHIP: Want a variance to save a beautiful huge oak tree. Petitioner's home will be between two homes that face 900's from theirs. One home faces south, the other will face north when it is built. Petitioner's home will face east. By building their house forward, it would bring it out so that it would line up more evenly with the sides of the other homes. Petitioners would prefer a 15 foot variance, but a minimum of 10 feet is needed to save the oak tree. C. ADMINISTRATIVE STAFF REVIEW (AMENDED): The petitioner states that the house to the North will face the North, but the front yard of that lqt fronts on Symphony. If the lot to the North is developed with a 20 ft.. front yard setback off Symphony, a, variance to front yard setback would be required. Although the City of Fridley does not enforce private covenants, there is a restrictive covenant in the area limiting front yard setbacks to 30 ft. minimum, and Staff feels the petitioner should be aware of this. Staff has no objection to this variance request, but would like to encourage -the lesser variance and setback to the 25 ft. line. Mr. and Mrs. Snyder were present and showed a survey of the property and proposed home to the Commission, and explained how they wanted to move the house forward to save an oak tree. Mrs. Snyder stated this would also bring the houses in a nice, even line, and the neighbors she had discussed this with had agreed. She said that the tree was a large white oak„ and quite beautiful. Mr. Holden said that the lot to the North was zoned R-2, and this property was zoned R-1. He pointed out where the oak tree was on the survey and explained the petitoners were asking for a variance of 20' or 25' to save it. Mr. Barna asked if technically the Snyder's home would be the only one facing the street between the cul-de-sac and 74th Avenue, and Mrs. Snyder said that was correct... He noted that they would be sharing their front yard with two side yards. Mr. Holden showed the house design to the Commission and explained the large garage would be part garage, and eventually a family room would be added to part of it. Chairperson Gabel said that the house seemed compatible with the area, and asked who held the covenant. Mr. Holden explained it was on the abstract, and Mrs. Snyder explained that it would expire in three years. Chairperson Gabel asked if the setback was 25' if they would be approximately 10' from the oak tree, and Mr. Holden replied that was correct according to the survey. Mr. Barna asked if it was sand soil, and Mr. Holden answered it was a composite. Mr. Barna advised the Snyders to be present when the bull- dozer started digging to see that it didn't go past the drip line of the tree, and also suggested they would probably have to do some trimming. Fridley Appeals Commission Meeting - November 90 1976 Page 4 Mr. Plemel commented that he would feel better if the house to the North was built, and Mr. Barna noted that the widest part of that lot would be facing 7th. Mr. Barna said he would prefer to grant the 201 variance and have the house closer to the street than endanger the life of the oak tree. MOTION by Barna, seconded by Plemel, to close the Public Hearing. Upon a voice vote, all voting aye, the motion carried unanimously. Mr. Plemel stated that the Snyder's had said they thought they could get by with the lesser variance, and if they thought they could do that, he thought that was what should be granted. Mrs. Gabel said she agreed with that, and with some watching over the construction people the tree could still be saved. She commented that it would still line up with the house to the South and blend in well with the neighborhood. Mr. Barna said he would go along with that, as long as they were careful with the tree. MOTION by Barna, seconded by Plemel, to grant the request for variance from 35 feet to 25 feet. Upon a voice vote, all voting aye, the motion carried unanimously. �_-✓ 3. REQUEST FOR A VARIANCE OF SECTION 215.053, 2, FRIDLEY CITY CODE$ TO RAISE THE 80 SQUARE FEET MAXIMUM SIZE OF A FREE STANDING SIGN IN C-1 ZONING (LOCM, BUSINESS AREAS) TO 119 SQUARE FEET, THE DIMENSIONS OF A STANDARD SIGN FOR THEIR BUSINESS, ON LOTS 4 AND 5, BLOCK 2, COMMERCE PARK ADDITION., THE SAME BEING 7520 UNIVERSITY AVENUE NORTHEAST, FRIDLEY, MINNESOTA. (Request by Perkins Cake and Steak, 1917 Eden Avenue, Edina, Minn. 55124). MOTION by Plemel, seconded by Barna, to open the Public Hearing. Upon a voice vote, all voting aye, the motion carried unanimously. ADMINISTRATIVE STAFF REPORT A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 21..0532 2, limiting size of free standing signs to 80 square feet in C-1 zoned areas (local business areas). Public purpose served by this section of the code is to limit visual pollution from free standing signs in business areas. B. STATED HARDSHIP: National manufacturer makes one standard (oval) Perkins sign. C. ADMINISTRATIVE STAFF REVIEW: In as much as this,sign is standard in design and oval, its overall square footage is less objectionable than a square sign of equal square footage. Staff has no objection to this variance request. Item #2 11-9-76 ADMINISTRATIVE STAFF REPORT 7388 Symphony Street A. PUBLIC PURPOSE SEVED BY REQUIREMENT: Section 205.053, 4, A, requiring a front yard setback of 35 feet. Public purpose served is to allow for off-street parking without encroaching on public right of way. Also for aesthetic consideration to reduce the "building line of sight" encroachment into the nei§hbor's front yard. B. STATED HARDSHIP,;. Want a variance to save a beautiful huge oak tree. Our home will be between two homes that face 90"s from ours. One home faces south, the other will face north when its built. We will face east. By building our house forward, it would bring it out so that it would line up -more evenly with the sides of the other homes. We would prefer a 15 foot variance, but a minimum of 10 feet is needed to save the beautiful oak tree. C. ADMINISTRATIVE STAFF REVIEW: The petitioner states that the house to the North will face the North, but it appears possible to face the house East as well. The curvature of the street and a lesser variance to 25 feet would possibly not encroach a great deal in the neighborhing front yard, but this would depend on the neighbor's feelings, particularly the new neighbor to the South. Staff has no objection to this variance request.