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VAR 93-31;STATE OF MINNESOTA ) COUNTY OF ANOKA ) CITY OF FRIDLEY ) In the Matter of: a variance, VAR #93-31 Owner: Lowell and Constance Erickson APPEA 1087234 PROCEEDINGS VARIANCE The above entitled matter came before the Appeals Commission of the City of Fridley and was heard on the 9th day of November '19 93 , on a petition for a variance pursuant to the City of Fridley's Zoning Ordinance, for the following described property: To reduce the front yard setback from 35 feet to 30 feet to allow the construction of an addition on Lot 35, Block 3, Melody Manor 4th Addition, the same being 7536 Tempo Terrace N.E. IT IS ORDERED that a variance be granted as upon the following conditions or reasons: Approval with no stipulations. See Appeals Commission minutes of November 9, 1993. STATE OF MINNESOTA ) COUNTY OF ANOKA ) CITY OF FRIDLEY ) OFFICE OF THE CITY CLERK I, William A. Champa, 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 Fridley, Minnesota, in the County of Anoka on the 23,Qo day of :�Ii , 19 q,3 . DRAFTED BY: City of Fridley 6431 University Avenue N.E. 4 • ��� i' �. , i Fridley, MN 55432 William A. Champa, Ci Clerk 1 ✓ Variances are valid for a period of one year following approvalric 6 -hail considered void if not used within that period. ° A. ° ° •• -p Mr. Kuechle stated he could see the hardship in this case being strong enough that he would vote for approval of jthe variance. He stated they should do anything they can do to 1p the homeowners who live along East River Road or any street t at has this kind of volume of traffic 24 hours a day. Ms. Smith stated she agreed. Her first oncern was if the fence would get in the way of any line of sig , but that appears to not be a concern. She stated she can see he hardship, and she would vote to approve the variance. Ms. Savage stated she agreed ther is a hardship in this situation. The petitioner's property is so what unique because the house is very close to the street. owever, she is concerned that the Commission could get a lot mo a variance requests for 6 foot fences in this general area: She ould ask that the City Council look at whether they should be amending the Code requirements for properties such as this ne along East River Road. Ms. Beaulieu stated a agreed, although she would agree to 6 foot fences for residenc s all along East .River Road, University Avenue, and Central Avenu . There is definitely a hardship in living next to a roadway wit such a high traffic volume. Dr. Vos state he agreed with the other Commissioners. MOTION by s. Smith, seconded by Mr. Kuechle, to approve the variance equest, VAR #93-30, by Jay Klaphake, per Section 205.04.0 .A.(7) of the Fridley Zoning Code,, to increase the height of a f ce in the front yard from 4 feet to 6 feet to allow the const ction of a fence in the front yard on Lot 8, Revised Aud' or's Subdivision No. 23, the same being 6664 East River Road. II N A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE OTION CARRIED UNANIMOUSLY. 4. CONSIDERATION -OF VARIANCE REQUEST VAR #93-31 BY LOWELL AND CONSTANCE ERICKSON: Per Section 205.07.03.D.(1) of the Fridley Zoning Code, to reduce the front yard setback from 35 feet to 30 feet to allow the construction of an addition on Lot 35, Block 3, Melody Manor 4th Addition, the same being 7636 Tempo Terrace N.E. MOTION by Dr. Vos, seconded by Ms. Smith, to waive the reading of the public hearing notice and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 8:20 P.M. Ms. McPherson stated the property is located south and east of Unity Hospital on Tempo Terrace. The property is zoned R-1, Single Family Dwelling, as are all surrounding parcels. APPEALS COMMISSION MEETING, NOVEMBER 9, 1993 PAGE 10 Ms. McPherson stated the petitioners are proposing to construct a 10 foot by 11 foot foyer addition onto the front of the dwelling unit. The dwelling unit is set back 40 feet from the front property line as opposed to 35 feet. Therefore, approximately 5 feet of the proposed addition will encroach into the front yard. Ms. McPherson stated that Section 205.04.06.A.(4) of the Fridley Zoning Code states that "On existing structures, vestibules may extend not more than five feet into the required yards, provided they,are only one story and do not exceed 50 square feet." Ms. McPherson stated that while the petitioners are proposing to construct a foyer which is a little more extensive than a vestibule, the purpose of the addition is for a coat rack, closet space, bench, and the encroachment by the addition only minimally exceeds that which would be permitted by a vestibule. The extension is 5 feet, and the overall encroachment would be 55 square feet as opposed to 50 square feet. The encroachment will not adversely affect the adjacent property's line of sight. Ms. McPherson stated that if the Commission approves this request, it would be within the range of similar variances previously granted. Ms. Constance Erickson stated that when they open their front door, there is no room for people to walk in. There is a little overhang for protection from the rain and snow, but there is no place for a coat closet,.shoes, boots, etc., especially in the winter -time. This house was built about 25 years ago when foyers were not being built. She stated there will be some passive solar because there will be a window on the south side of the house. MOTION by Dr. Vos, seconded by Mr. Kuechle, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 5:33 P.M. Dr. Vos stated that one of the circumstances in this case is the 40 foot setback which he believed helps the petitioner. If the petitioner was requesting 10 feet into the front yard with a 35 foot setback, he would recommend denial of the variance. But, since there is already an extra five feet in the front yard. He stated he would vote to approve the variance because there will be minimal impact. Ms. Smith agreed. She stated this variance, if approved, is meeting the spirit of the code, and it is not encroaching on any line of sight. Mr. Kuechle, Ms. Savage, and Ms. Beaulieu agreed. i APPEALS COMMISSION MEETING, NOVEMBER 9, 1993 PAGE 11 ( MOTION by Mr. Kuechle, seconded by Ms. ° Beaulieu, to approve variance request, VAR #93-31, by Lowell and Constance Erickson, per Section 205.07.03.D.(1) of the Fridley Zoning Code, to reduce the front yard setback from 35 feet to 130 feet to allow the construction of an addition on Lot 35, Block 3,.,wMelody Manor 4th Addition, the same being 7636 Tempo`Terrace N.E ., UPON A VOICE VOTE, ALL VOTING AYE;'CHAIRPERSON S)VAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. � 5. 1994 MEETING DATES: MOTION by Mr. Kuechle, seconded by Ms. Smith, to app Zethe 1994 meeting dates as follows: January 11, 15 February 1, 15 March 1, 15, 29 April 12, 26 May 10, 24 June 7, 21 UPON A VOICE VOTE, ALL VOTING MOTION CARRIED UNANIMOUSLY. ADJOURNMENT: July 12, August 9 Sentembe W 26 3 13, 27 11, 25 8, 22 6, 20 CHAIRPERSON SAVAGE DECLARED THE MOTION by Ms. Beaul' u, seconded by Ms. Smith, to adjourn the meeting. Upon a v ice vote, all voting aye, Chairperson Savage declared the mot'on carried and the November 9, 1993, Appeals Commission mee 'ng adjourned at 8:45 p.m. ly subugitted, Saba ing Secretary P 09 * 6T$ � �G ® m ;Ic a.ar V) 1-4�1 Ell P 09 * 6T$ � �G ® m ;Ic a.ar Ell LU#Z6-LZ-ZTVMX Z. I G7YOF FRIDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 • (612) 571-3450 • FAX (612) 571-1287 APPEALS COMMISSION ACTION TAKEN NOTICE November 12, 1993 Lowell and Constance Erickson 7536 Tempo Terrace N.E. Fridley, MN 55432 Dear Mr. and Mrs. Erickson: On November 9, 1993, the Fridley Appeals Commission officially approved your request for a variance, VAR #93-31, to reduce the front yard setback from 35 feet to 30 feet to allow the construction of an addition on Lot 35, Block 3, Melody Manor 4th Addition, the same being 7536 Tempo Terrace N.E. Please review and sign the Action Taken Letter below and submit one copy to the Planning Department by November 24, 1993. You have one year from the date of the Appeals Commission action to initiate construction. If you cannot begin construction in time, you must submit a letter requesting an extension at least three (3) weeks prior to the expiration date. If you have any questions regarding the above action or the need for an extension, please call the Planning Department at 571-3450. Sincerely, Michele McPherson Planning Assistant Concur with action taken rAm COMMI ION APPLICATIvN REVIEW FILE NUMBER FILE DATE MEEATIPNE(ffATE FILE DESCRIPTIONVAR #93-31 CITYOF 58 10-25-93 11-9-93 7536 Tenp Terrace FMDLEY I I I Front yard variance COMPLETE REVIEW CHECKLIST AND RETURN TO PLANNING DEPT. COMMENTS STAFF REPORT Community Development Department uAppeals Commission Date November 9, 1993 0).Planning Commission Date City Council Date REQUEST Permit Number Applicant Proposed Request Location SITE DATA Size Density Present Zoning Present Land Use(s) Adjacent Zoning Adjacent Land Use(s) Utilities Park Dedication Watershed District ANALYSIS Financial Implications Conformance to the Comprehensive Plan Compatibility with Adjacent Zoning and Uses Environmental Considerations RECOMMENDATION Staff Appeals Commission Planning Commission Author MM.ls VAR #93-31 Lowell & Constance Erickson To reduce the front yard setback from 35 ft. to 30 ft,1 75 36 Tempo Terrace 9,600 sq. ft. R-1, Single Family Dwelling Single family R-1, Single Family Dwelling, on all sides Single family on all sides Six Cities Watershed District Staff Report VAR #93-31, 7536 Tempo Terrace by ?well & Constance Erickson Page 1 A. STATED HARDSHIP: "Add foyer - existing foyer is 4 ft. by 6 ft. with no room for people, cuts, boots, etc." R eSt The petitioners request that a variance be granted to reduce the front yard setback frim 35 feet to 30 feet. The request is for Lot 35, Block 3, Melody Manor 4th Addition, the same being 7536 Tempo Terrace N.E. Site Located on the property is a single family dwelling unit with an attached two -car garage. The property is zoned R-1, Single Family Dwelling, as are all surrounding parcels. Analysis Section 205.07.03.D.(1) of the Fridley City Code requires a front yard setback of not less than 35 feet. Public purpose served by this requirement is to allow for off-street parking without encroaching on the public right-of-way and also for aesthetic consideration to reduce the building "line of sight" encroachment into the neighbor's front yard. The petitioners are proposing to construct a 10 ft. by 11 ft. foyer addition onto the front of the dwelling unit. The dwelling is set back 40 feet from the front property line. Construction of a 10 ft. by 11 ft. foyer will require an encroachment of 5 feet into the front yard. Section 205.04.06.A.(4) of the Fridley Zoning Code states: "On existing strictures, vestibules may extend not more than five (5) feet into the required yards, provided they are only one (1) story and do not exceed fifty (50) square feet." While the proposed addition is intended to be used as a foyer with closet space and additional roan for a coat rack and bench, the amount of encroadmmnt only slightly exceeds that which would be permitted by Code for a vestibule. The function of the proposed addition will not be for energy conservation; however, the result is the same. The eneroachrent will not adversely affect the adjacent property's "line of sight". If the Appeals Ccmnission chooses to approve the variance request, it is within the range of similar previously granted variances. APR -20—'00 FR I " 23: G 0 ID: TEL NO: #923 P02 _.. _........ — r 1r /o�a.714?3 do 41 �i. f,. APR -20-100 FRI 23:01 ID: TEL NO: #923 P03 r� CITY OF FRIDLEY p 6431 UNIVERSITY AVENUE N.E. FRIDLEY, MN 55432 (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT VARIANCE APPLICATION FORM PROPERTY INFORMATION - site plan required for submittal; see attached Address:1%,' � -�rn,� 7-ejzd lj. &. F- i 17 lev i�'' E In a 5583 Property Identification Number (PIN) ! Legal description: Lot .35- Block 3 Tract/Addition /'A e'.)'0j L, /-I.-w 19 0 R 'A Current zoning: Square footagelacrease ®`� X / c�O Re or variance and dship: i J� lv J,; of City Code: Have you operated a business in a city which required a business license? Yes No If yes, which city? If yes, what type of business? Was that license ever denied or revoked? Yes No NN .+INNNirY./NN� Nn/�AVNN INNNNNNNNNNNNNNN� N .� NNN NNNNNNr FEE OWNER INFORMATION (as it appears on the property title) (Contra rchasers: Fee Ow Fs must si this form prioto prones ing) ADDRESSSZE DAYTIME PHONE / °�. , ®DATE ®V PETITIONER INFORMATION SL� NAME ADDRESS DAYTIME PHONE SIGNATURE DATE Fee: $100.00 Permit VAR # Application received by: /55 Scheduled Appeals Co ss Scheduled City Council date: $ 60.00 L,-,00' for residential roperties :;N,_ Receipt # 3 �)10 date: CITY OF FRIDLEY PLAN REVIEW CHECKLIST Applicants for vacations must submit the legal description of the parcel (easement, street, etc.) to be vacated. complete site plans, signed by a registered architect, civil engineer, landscape architect, or other design professional, to include the following: A. General: 1. Name and address of project 2. Legal description (certificate of survey may be required) 3. Name, address, and telephone number of applicant, engineer, and owner of record 4. Date proposed, north arrow, scale, number of sheets, name of drawer 5. Description of intended use of site, buildings, and structures including type of occupancy and estimated occupancy load 6. Existing zoning and land use 7. Tabulation box indicating: (i) Size of parcel in sq. ft. (ii) Gross floor area of buildings (iii) Percent of site covered by building (iv) Percent of site covered by impervious surface (v) Percent of site covered by green area (vi) Projected number of employees (vii) Number of seats if intended use is a restaurant or place of assembly (viii) Number of parking spaces required (ix) Number of parking spaces provided including handicapped (x) Height of all buildings and structures and number of stories B. Site Plan: 1. Property line dimensions, location of all existing and proposed structures with distance from boundaries, distance between structures, building dimensions and floor elevations 2. Grading and drainage plan showing existing natural features (topography, wetlands, vegetation, etc.) as well as proposed grade elevations and sedimentation and storm water retention ponds. calculations for storm water detention/retention areas. 3. All existing and proposed points of egress/ingress showing widths of property lines, turning radii abutting rights-of-way with indicated center line, paving width, existing and proposed median cuts, and intersections of streets and driveways 4. Vehicular circulation system showing location and dimensions for all driveways, parking spaces, parking lot aisles, service roads, loading* areas, fire lanes, emergency access (if necessary), public and private streets, alleys, sidewalks, bike paths, direction of traffic flow, and traffic -control devices 5. Landscaping Plan 6. Location, access, and screening detail of trash enclosures 7. Location and screening detail of rooftop equipment 8. Building elevations from all directions 9. Utility plan identifying size and direction of existing water and sewer lines, fire hydrants, distance of hydrant to proposed building PUBLIC HEARING BEFORE THE APPEALS COMMISSION Notice is hereby given that the Appeals Commission of the City of Fridley will conduct a Public Hearing at the Fridley Municipal Center at 6431 University Avenue N.E. on Tuesday, November 9, 1993, at 7:30 p.m. for the purpose of: Consideration of variance request, VAR #93-31, by Lowell and Constance Erickson: Per Section 205.07.03.D.(1) of the Fridley Zoning Code, to reduce the front yard setback from 35 feet to 30 feet to allow the construction of an addition on Lot 35, Block 3, Melody Manor 4th Addition, the same being 7536 Tempo Terrace N.E., Fridley, Minnesota, 55432. Any and all persons desiring to be heard shall be given the opportunity at the above stated time and place. DIANE SAVAGE CHAIRPERSON APPEALS COMMISSION Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than November 2, 1993. VAR #93-31 "'AILING LIST "moiled 10/29/93 7536 Tempo Terrace N.E. Lowell Erickson 7536 Tempo Terrace N.E. Fridley, MN 55432 Roger Hall 7545 Tempo Terrace N.E. Fridley, MN 55432 James Barkdull 7583 Lyric Lane N.E. Fridley, MN 55432 Donald Majors 7544 Tempo Terrace N.E. Fridley, MN 55432 Fridley Convalescent Home 7590 Lyric Lane N.E. Fridley, MN 55432 James Nickman 7466 Melody Dr. N.E. Fridley, MN 55432 Alvin Sadecki 7482 Melody Dr. N.E. Fridley, MN 55432 John Steffen 7542 Tempo Terrace N.E. Fridley, MN 55432 North Suburban Hosp. Dist. George Bradford 7590 Lyric Lane N.E. 7547 Tempo Terrace N.E. Fridley, MN 55432 Fridley, MN 55432 Gerald Holmer 7486 Melody Dr. N.E. Fridley, MN 55432 David Sibben/Resident 7577 Lyric Lane N.E. Fridley, MN 55432 Noel Hanssen 7546 Tempo Terrace N.E. Fridley, MN 55432 Duane Bangen 7456 Melody Dr. N.E. Fridley, MN 55432 Bruce Danielson 7472 Melody Dr. N.E. Fridley, MN 55432 Marwan Orfali 7525 Tempo Terrace N.E. Fridley, MN 55432 Clifford Carlson 7543 Tempo Terrace N.E. Fridley, MN 55432 Joseph Shrake 7490 Melody Dr. N.E. Fridley, MN 55432 David Sibben 851 Redwood Lane New Brighton, MN 55112 Unity Hospital 550 Osborne Road N.E. Fridley, MN 55432 Erwin Kish 7462 Melody Dr. N.E. Fridley, MN 55432 Herbert Johnson 7476 Melody Dr. N.E. Fridley, MN 55432 Loren Mayer 7523 Tempo Terrace N.E. Fridley, MN 55432 William Forester 7539 Tempo Terrace N.E. Fridley, MN 55432 Steven Henke Mark Barton Gerald Morris 7535 Tempo Terrace N.E. 7531 Tempo Terrace N.E. 7529 Tempo Terrace N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 VAR #93-31 Mailing List Page 2 Norman Woods 7524 Tempo Terrace N.E. Fridley, MN 55432 Mark Kennedy 7534 Tempo Terrace N.E. Fridley, MN 55432 Kathleen Shocinski 7539 Lyric Lane N.E. Fridley, MN 55432 Dwight Beglau 7563 Lyric Lane N.E. Fridley, MN 55432 Mark Nelson 7549 Lyric Lane N.E. Fridley, MN 55432 Alvin Overlie 7528 Tempo Terrace N.E. Fridley, MN 55432 Howard Rassier 7540 Tempo Terrace N.E. Fridley, MN 55432 Bruce Vranish 7573 Lyric Lane N.E. Fridley, MN 55432 Harley Thureen 7559 Lyric Lane N.E. Fridley, MN 55432 Diane Savage 567 Rice Creek Terrace Fridley, MN 55432 Kenneth Westeren 7530 Tempo Terrace N.E. Fridley, MN 55432 Urbin Mayer 7545 Lyric Lane N.E. Fridley, MN 55432 Janice Carroll 7567 Lyric Lane N.E. Fridley, MN 55432 Ronald Erickson 7553 Lyric Lane N.E. Fridley, MN 55432 City Council City Manager /2 SEC. !I , T. 30, R. , . 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ON ERTO� CU RV " Iq qc y�A; rB4rQ) <e * ao06 (r�) s V 49-0 �s , — /3l 1T/) �v� Cn N2/ 9 _ � ., .•Q e•� p yn I o y9 a !b tts fa \,h' � � en.0 •�.•rs to Bo a �2S v �[ � 4 l f a a .y1b i9 /i:'9 gp.iG7 `Ai t 2/ 22 �3 f) Cam V Isi 9 , 11.) a Gly $ o gp.13 It (a) . 24 y� <-> (3e) $roI V 5 rc — L11 o til•3 $ a % s e� t 9e �'�� B �7 3� �%l f/diiG pz 5 �e 1s +t fe By 01 7 /LZ b C9°� AI t. Jf f Mit ME ORY LANE, 5% ��/2 � kt Q t it ., I .A S't 22.ti l♦� !yn X1.1 14roe 9 ` .sty APPEALS COMMISSION MEETING. NOVEMBER 9, 1993 PAGE 9 Mr. Kuechle stated he cudsee the hardship in this case being strong enough that he wou d vote for approval of the variance. He stated they should do any hing they can do to help the homeowners who live along East River oad or any street that has this kind of volume of traffic 24 hours a day. Ms. Smith stated she agree . Her first concern was if the fence would get in the way of any ine of sight, but that appears to not be a concern. She stated sh can see the hardship, and she would vote to approve the variance. Ms. Savage stated she agreed tl) The petitioner's property is s very close to the street. H Commission could get a lot more in this general area: She wou] whether they should be ame: properties such as this one al, e is a hardship in this situation. awhat unique because the house is ever, she is concerned that the triance requests for 6 foot fences ask that the City Council look at ing the Code requirements for i East River Road. Ms. Beaulieu stated she agreed, al hough she would agree to 6 foot fences for residences all along Ea s River Road, University Avenue, and Central Avenue. There is definitely a hardship in living next to a roadway with such a high traf 'c volume. Dr. Vos stated he agreed with the other Commissioners. OTION by Ms. Smith, seconded by Kuechle, to approve the variance request, VAR #93-30, by ay Klaphake, per Section 205.04.06.A.(7) of the Fridley Zoning de „ to increase the height of a fence in the front yard from 4 f et to 6 feet to allow the construction of a fence in the fron yard on Lot 8, Revised Auditor's Subdivision No. 23, the same b ing 6664 East River Road. UPON A VOICE VOTE, ALL VOTING AYE, MOTION CARRIED UNANIMOUSLY. SAVAGE DECLARED THE 4. CONSIDERATION OF VARIANCE REQUEST, VAR #93-31, BY LOWELL AND CONSTANCE ERICKSON: Per Section 205.07.03.D.(1) of the Fridley Zoning Code, to reduce the front yard setback from 35 feet to 30 feet to allow the construction of an addition on Lot 35, Block 3, Melody Manor 4th Addition, the same being 7636 Tempo Terrace N.E. MOTION by Dr. Vos, seconded by Ms. Smith, to waive the reading of the public hearing notice and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 8:20 P.M. Ms. McPherson stated the property is located south and east of Unity Hospital on Tempo Terrace. The property is zoned R-1, Single Family Dwelling, as are all surrounding parcels. APPEALS COMMISSION MEETING, NOVEMBER 9, 1993 PAGE 10 Ms. McPherson stated the petitioners are proposing to construct a 10 foot by 11 foot foyer addition onto the front of the dwelling unit. The dwelling unit is set back 40 feet from the front property line as opposed to 35 feet. Therefore, approximately 5 feet of the proposed addition will encroach into the front yard. Ms. McPherson stated that Section 205.04.06.A.(4) of the Fridley Zoning Code states that "On existing structures, vestibules may extend not more than five feet into the required yards, provided they•are only one story and do not exceed 50 square feet." Ms. McPherson stated that while the petitioners are proposing to construct a foyer which is a little more extensive than a vestibule, the purpose of the addition is for a coat rack, closet space, bench, and the encroachment by the addition only minimally exceeds that which would be permitted by a vestibule. The extension is 5 feet, and the overall encroachment would be 55 square feet as opposed to 50 square feet. The encroachment will not adversely affect the adjacent property's line of sight. Ms. McPherson stated that if the Commission approves this request, it would be within the range of similar variances previously granted. Ms. Constance Erickson stated that when they open their front door, there is no room for people to walk in. There is a little overhang for protection from the rain and snow, but there is no place for a coat closet, shoes, boots, etc., especially in the winter -time. This house was built about 25 years ago when foyers were not being built. She stated there will be some passive solar because there will be a window on the south side of the house. MOTION by Dr. Vos, seconded by Mr. Kuechle, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:33 P.M. Dr. Vos stated that one of the circumstances in this case is the 40 foot setback which he believed helps the petitioner. If the petitioner was requesting 10 feet into the front yard with a.35 foot setback, he would recommend denial of the variance. But, since there is already an extra .five feet in the front yard. He stated he would vote to approve the variance because there will be minimal impact. Ms. Smith agreed. She stated this variance, if approved, is meeting the spirit of the code, and it is not encroaching on any line of sight. Mr. Kuechle, Ms. Savage, and Ms. Beaulieu agreed. APPEALS_ COMMISSION MEETING, NOVEMBER 9. 1993 PAGE 11 MOTION by Mr. Kuechle'seconded by Ms. Beaulieu, to approve variance request, VAR #93-31, by Lowell and Constance Erickson, per Section 205.07.03.D.(1) of the Fridley Zoning Code, to reduce the front yard setback from 35 feet to 30 feet to allow the construction of an addition on Lot 35, Block 3, Melody Manor 4th Addition, the same being 7636 Tempo Terrace N.E. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 5. 1994 MEETING DATES: MOTION by Mr. Kuechle, seconded by Ms. Smith, to approve the 1994 meeting dates as follows: January 11, 15 July 12, 26 February 1, 15 August 9, 23 March 1, 15, 29 September 13, 27 April 12, 26 October 11, 25 May 10, 24 November 8, 22 June 7, 21 December 6, 20 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. ADJOURNMENT: MOTION by Ms. Beaulieu, seconded by Ms. Smith, to adjourn the meeting. Upon a voice vote, all voting aye, Chairperson Savage declared the motion carried and the November 9, 1993, Appeals Commission meeting adjourned at 8:45 p.m. Re,fp ctfully sub 'tted, Lynn Saba Recording Secretary.