VAR 08.83CITY OF FAIOLEY, SUBJECT
6431 UNIVERSITY AVE. NE.
VVV FRIOLOY. MN. 55432 (6121571-3450
e
VARIANCES
X ADDRESS � ' -A-S y fel 6 DATE %o ;9P, V, 3
APPEALS C01414ISSION: APPROVED DISAPPROVED_ DAC NO.
CITY COUNCIL REVIEW: REQUIRED: vYES
CITY COUNCIL: APPROVED DISAPPROVED DATE N0.
STIPULATIONS:
I
NAME FEE '� RECEIPT No.1�UL
LOT NO. BLOCK NO. TRACT OR ADDITION
�� . Xy�
LEGAL DESCRIPTION: �j ''fi
VARIANCE•REQUEST(S): (Attach plat or survey of property showing building, variances,
etc., where applicable
Section(s) of the City Code:
List specific hardship(s) which requires the variance(s):
DATE �, '�SIGNATURE
TELEPHONE NO 7
ADDRESSES �5 � --7A—� �, A '_
I
VARIANCES FOR CITY USE ONLY
Board members notified of meeting by list members,
date notified, and "Yes' or '!!o' for plans to attend hearing.
• Plan
To
• Attend
Name
IM/M
son making appeal and the following property owners ha
ified:
Name Date
IM Bruce Barsnes 7 8 i La a N/M"Noel Hanssen 7546 Tem o Terrace N..E.
/M Bradford 7547 Tem.oTerrace N.E. (George)
MKlingle 7548 Tempo Terrace N.E.. (James)
M Howard 7549 Tempo Terrace N.E. (John)
M/M Breider 7550 Tempo Terrace N.E.(Timothy)
M/M Ebert 7551 Tempo Terrace N.E. (Harvey)
M/M Lemke 7553 Tempo Terrace N.E.(Heory)
M Roger Larson 7501 Jackson N.E.
M/M Dove 7505 Jackson N.E. (Robert)
M/� 7510 Jackson N.E. (Donald)
(F k)
I
ng property within 200 feet
By Whom
Phone or Mail Notified
M/M
Goclon 7515 Jackson N.E. ran
M/M
Barry 7520 Jackson N.E. (Stephen)
M Arlene Warnemude 7529 Jackson N.E.
M/M-George
Pitts 7545 Jackson N.E.
M/M
_.._
William Roeske 7564 Jackson N.E.
M/M
Don Mc Comber 7569 Jackson N.E.
M/M
Gilbert Flaig 7580 Jackson N,E.
M Sou Et Al Sy Chitt 7585 Jackson N.E.
M/M Julian Boyda 7593^L�yric Lane N.E. gr4ye N.F.
7497 Me
m/in inomas uimaLLeo /4Vb Melody Drive N.E.
6431 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA 55432
NOTICE OF PUBLIC HEARING
TELEPHONE ( 612)571-3450
September 9, 1983
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, September 2q 1983 in regard to the
following matter:
Request for a variance pursuant to Chapter 205
of the Fridley City Code, to reduce the required
side yard setback from 10' to 7' to allow the
construction of a 12=ft. x 27 A. enclosed porch,
on Lot 11 B1 ock 4, MdcTs yoManor 4th Addition, the
same being 7553 Tempo Terrace N.E., Fridley,
Minnesota.
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.
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CITY OF FRIOLEY,
8439 UNIVERSITY AVE. NE. COMMISSION APPLICATION
FRIDLEY, MN. 68432 REVIEW
wlsb!5q�_ 4lev I page Approved by
IFIIIENO/^o R sl ) FILA/
COMPLETE REVIEW CHECKLIST %��
RETURN TO PLANNING Dw�%
/Ia�i�� BOO
9,
010)
Item #1, September 20, 1983
ADMINISTRATIVE STAFF REPORT
7553 Tempo Terrace N.E.
A. PUBLIC PURPOSE SERVED BY REQUIREMENT:
Section 205.0731 AFB, (2), requires a side yard adjoining living area to be
not less than 10 feet wide.
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:
"Existing house is setback 35 feet from corner side yard (only 17.5 feet is
presently required).
C. ADMINISTRATIVE STAFF REVIEW:
This lot is located on the southwest corner of Tempo Terrace and Jackson
Street. The front of the lot is on Jackson Street (shortest side of a
corner lot) but the house was fronted on Tempo Terrace and the house is
setback 35 feet from both street property lines (not verified). This
results in an inside side yard setback of approximately 19 feet.
The proposed addition is 12 feet by 27 feet and would result in an
approximate side yard setback of 7 feet.
The structure to the south is an attached garage and is located 10 feet
from the apparent common lot line. Therefore, if this variance is approved
and the three season porch constructed, the distance between the proposed
porch and the existing garage would be 17 feet.
If the Board approves this variance, we have no stipulations to suggest.
Item #1, September 20, 1983
ADMINISTRATIVE STAFF REPORT
7553 Tempo Terrace N.E.
A. PUBLIC PURPOSE SERVED BY REQUIREMENT:
Section 205.073, 4B, (2), requires a side yard adjoining living area to be
not less than 10 feet wide.
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:
"Existing house is setback 35 feet from corner side yard (only 17.5 feet is
presently required).
C. ADMINISTRATIVE STAFF REVIEW:
This lot is located on the southwest corner of Tempo Terrace and Jackson
Street. The front of the lot is on Jackson Street (shortest side of a
corner lot) but the house was fronted on Tempo Terrace and the house is
setback 35 feet from both street property lines (not verified). This
results in an inside side yard setback of approximately 19 feet.
The proposed addition is 12 feet by 27 feet and would result in an
approximate side yard setback of 7 feet.
The structure to the south is an attached garage and is located 10 feet
from the apparent common lot line. Therefore, if this variance is approved
and the three season porch constructed, the distance between the proposed
porch and the existing garage would be 17 feet.
If the Board approves this variance, we have no stipulations to suggest.
STATE OF MINNESOTA
CITY OF FRIDLEY
APPEALS COKIISSION PROCEEDINGS
In the Matter of a varinance to allow the
construction of an enclosed porch with the reduction VARIANCE
of the side yard setback from 1Q feet to 7 -feet,
Harry R. Lempke , Owner
The above entitled matter came before the Appeals Commission of the City of Fridley
and was heard on on the 20th day of Se temb r , 1983 , on a petition
for a variance pursuant to tieC ti y of Frid ey s Zoning r inance,7or the
following described property:
Lot 1, Block 4, Melody Manor 4th Addition
IT IS ORDERED that a variance be granted as upon the following conditions or
reasons:
See Appeals Commission Minutes of September 20, 1983
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 he City of Fridley,
Minnesota, in the County of Anoka on the day of 19 .
�aF�7
DRAFTED BY:
City of Fridley y "°
6431 University Avenue N.E.
Fridley, 14N 55432 SIDNEY C NMAN,CITY; L-ERK
Variances are valid for a period of one year following approval and shill be`
considered void if not used within that period.'
City of Fridley
APPEALS COMMISSION MEETING - TUESDAY, SEPTEMBER 20, 1983 PAGE 1
CALL TO ORDER:
Chairperson Gabel called the Appeals Commission meeting of September 20, 1983 to
order at 8:00 p.m.
ROLL CALL:
Members Present: Patricia Gabel, Alex Barna, Jim Plemel, Donald Betzold
Members Absent: Jean Gerou
Others Present: Darrell Clark, City of Fridley
E. Louis Schuette, P.O. Box 541, Columbus, IN
Henry Lemke, 7553 Tempo Terrace, Fridley
Stephen Barry, 7520 Jackson Street N.E., Fridley
APPROVAL OF APPEALS COMMISSION MINUTES OF AUGUST 16, 1983:
MOTION by Mr. Barna, seconded by Mr. Betzold, to approve the minutes as written.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE MOTION CARRIED
UNANIMOUSLY.
1. VARIANCE REQUEST PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY CODE, TO REDUCE
THE REQUIRED SIDE YARD SETBACK FROM 10 FT. TO 7 FT. TO ALLOW THE CONSTRUCTION
OF A 12 FT. x 27FT. ENCLOSED PORCH ON LOT 1. BLOCK 4. MELODY MANOR 4TH ADDITI
THE SAME BEING 7553 TEMPO TERRACE N.E. FRIDLEY MINNESOTA. (Request by Harry
R. Lempke, 7553 Tempo Terrace N.E. Fridley, MN 55432
MOTION by Mr. Barna, seconded by Mr. Betzold, to open the public hearing. UPON A
VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC HEARING OPEN
AT 8:04 P.M.
Chairperson Gabel read the Administrative Staff Report for 7553 Tempo Terrace N.E.
A. PUBLIC PURPOSE SERVED BT RBQUIREKW'.
Section 205.0739 #B, (2), requires a side yard adjoining living area to be
not less than 10 feet wide.
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:
*Existing house is setback 35 feet from corner side yard (only 17.5 feet is
presently required).
Appeals Commission Meeting - September 20, 1983 Page 2
C. ADKINISTRATIYB STAFF MIN:
This lot is located on. the southwest corner of Tempo Terrace and Jackson
Street. The front of the lot is on Jackson Street (shortest side of a
corner lot) but the house was fronted on Tempo Terrace and the house is
setback 35 feet from both street property lines (not verified). This
results in an inside side yard setback of approximately 19 feet.
The proposed addition is 12 feet by 27 feet and would result in an
approximate side yard setback of 7 feet.
The structure to the south is an attached garage and is located 10 feet
from the apparent common lot line. Therefore, if this variance is approved
and the :three season porch constructed, the distance between the proposed
porch and the existing garage would be 17 feet.
If the Board approves this variance, we have no stipulations to suggest.
Mr. Clark stated that the porch is already under construction as Mr. Lemke had
employed a contractor and the contractor failed to obtain a permit. He said a
stop work order was issued and the petitioner was informed they would have to
reduce the porch 3 feet or apply for a variance.. He stated the petitioner was very
cooperative and decided to apply for a variance and to complete the porch for use
next year. He also said the petitioner had decided to change contractors and there
also appears to be as much as 9 feet from the porch to the lot line, there will be
at least 7 feet. He said there is a fence that is at an angle. He further stated
the enclosed survey was taken before the house was built and in any event, there
is 17 feet between the porch and the existing garage.
Mr. Lemke was he was trying to build a screened -in patio with a roof, 12' x 27',
screen from top to bottom, no glass. Ms. Gabel noted that the first contractor
failed to fulfill his obligation. Mr. Lemke said the contractor failed to get the
permit so he called to have him stopped and he found out that the contractor did
not have insurance, did not have a license although he advertised that he did.
He said the new contractor is licensed and bonded. Mr. Clark said this is the only
side of the house that a porch can be placed because it is a corner lot. Mr. Plemel
asked about the fence and Mr. Clark said it is about.35 feet from the street.
Mr. Barna said he needed a clearly stated hardship; that this is the only place you
could put a patio and the contractor started it and that is why the petitioner is
here. Ms. Gabel said that another hardship is that the patio is half -,constructed
and the petitioner is a victim of a contractor who failed to fulfill his obligations.
Mr. Stephen Barry was present and said he lives in back of the petitioner and felt
this was the only place the petitioner could put his patio and he did not object
to it. Mr. Barna asked Mr. Barry what size of a garage he had and Mr.'Barry said
it was either 20' x 20' or 18' x 20' and further stated that he could not see the
patio from his window.
MOTION by Mr. Plemel, seconded by Mr. Barna, to close the public hearing. UPON A
VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC HEARING CLOSED
AT 8:15 P.M.
Appeals Commission Meeting - September 20, 1983 Page 3
The Commission members present had no objection to this variance request.
MOTION by Mr. Plemel, seconded by Mr. Barna, to grant the variance request to reduce
the required side yard setback from 10' to 7' to allow the construction of a 12 ft.
by 27 ft. enclosed porch, on Lot 1, Block 4, Melody Manor 4th Addition, the same
being 7553 Tempo Terrace N.E., Fridley Minnesota. UPON A VOICE VOTE, ALL VOTING AYE,
CHAIRPERSON GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY.
2. RE
ANCE PURSUANT TO CHAPTER 205 OF THE FRIDLEY_ CITY CODE,
IRED PARKING LOT SETB`ACKTROH�EE7�N FSIDE_ YARD
IN
F -WAY; REDUCE THE REQUIRED PARKG L07 BA
SETCK FROM 20
nN RFAR YARD AR�ITTING A RIGHT OF WAY. AND REDUCE THE
X31 FEET-0TTHIr W S OFEET OFTHT NORTH HALF OF THE NORTHWESTQUARTER
OF THE SOUTHWEST UARTER, BEING A PART OF WHAT IS NOW KNOWN AS OT I.
1CUDITOR'S SUBDIVI ION 9, IUBJECTTO EASEMENTS TF__kECORD,THE SAME BEING
X299 HIGHWAY *65 N.E.
ON THE WE
SOUTHWEST
SUBD I VIS 1
A PROPOSED LOT
*5AC9E5, LOCATED
MHAT I S NOW K1i6W'!4 WS LOTT, AUDITOR'S
fH 331 FEET SUBJECT TO EASEMENTS_W—
Y W65 N.E., FRIDLEY�FIN432
box 541 . CoTum us�, 1N_1ff0__i-.0541)
MOTION by Mr. Barna, seconded by Mr. Betzold, to open the public hearing. UPON A
VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC HEARING OPEN
AT 8:20 P.M.
Chairperson Gabel read the Staff Report:
ADMINISTRATIVE STAFF REPORT
T299 Highway 065 N.E. and 7201 highway 065 N.E.
A. PUBLIC PURPOSE SERVED BY REQUIREMENT:
7299 Highway 065 N.E.
Section 205.173P 1A, requires a minimum lot area of not less than
three-fourths (3/4) acre on plats recorded before January 1, 1963.
Public purpose served by this requirement is to provide adequate parking
and open landscaped areas as Well as to avoid congestion and to provide
adequate sight clearances in industrial areas.
Section 205.174, 4E, (1), requires all parking and hard surface areas to be
no closer than twenty (20) feet from any street right of way.
Public purpose served by this requirement is to reduce visual pollution in
areas adjacent to lot lines and to separate parking areas with landscaped
areas.
T201 Highway 065 N.B.
Section 205.173. 11, requires a minimum lot area of not less than
three-fourths (3/4) acre on plats recorded before January 1, 1983•
Is Commission Meeting - Se
20. 1983
Paae 4
Public purpose served by this requirement is to provide adequate parking
and open landscaped areas as well as to avoid congestion and to provide
adequate sight clearances in industrial areas.
STATED HARDSHIP:
'Necessary road right of way dedication and its location in order to line
up with existing roads, require shifting the development 15 feet to the
west. The lot, being a corner lot, requires an additional parking setback
of 20 feet along the side yard.*
C. AD T-WISTRATIVE STA" RETM:
Applicant is requesting a lot split in order to build a service station on
one lot and market the other lot. The original parcel of land was about
3.8 acres. Easements of 33 feet and 50 feet were taken for 73rd Avenue and
72nd Avenue respectively. This left 3.3 acres remaining. The lot split
request will necessitate additional easement for a service road.
Subtracting this land leaves the lots about 1.35 acres and 1.05 acres which
are below the minimum requirement. No variance to lot size would be
necessary if easements were not taken.
Variances to the parking lot are due largely to the installation of the
service drive. The development has been shifted westerly to provide the
necessary building setback and proper boulevard for snow storage. The lot,
as currently proposed, is surrounded entirely by right of way which
requires a 20 foot setback instead of 5 feet.
Staff reeommmends approval of these variances with the stipulation that
adequate landscaping is installed and a 15 foot bikeway/walkway easement is
granted.
Mr. Clark reported that the land is zoned light industrial and a lot split is being
requested at the Planning Commission meeting on September 28,1983 and if it is granted,
it would mean that the two remaining parcels would be less than the new code requires
for M-? lot. He said the aide yard variances are crf the service drive and there is
a large ditch and boulevard. He stated the petitioner is willing to grant a 15 ft.
bikeway/walkway and willing to work with Planning on landscaping. He also stated
petitioner has applied for a special use permit.
Mr. E. Louis Schuette, Ashland Oil, Inc. (SuperAmerica) was present. Mr. Barna said
the property is accessible from 73rd without a service drive and the other property
is accessible from 72nd without a service drive. Mr. Clark stated the petitioner
spoke with engineering and this was decided to be done. Mr. Schuette said he did
not know how the road business got started and asked if a median was proposed near
the intersection. Mr. Clark said it was. Mr. Schuette said that would hurt the
property some as the roadway is going to be expensive. He also said the marketability
of the other property will be better if they have a way of getting into it and he
had no objection to dedicating right-of-way or the landscaping. Mr. Clark said he
did not know if the service drive was desired by the petitioner or the City. He
cited the example of Lampert Lumber and that there is a median down Osborne Road
and they have no access to westbound Osborne Road.
Mr. Plemel noted that Parcel 8 would be a SuperAmerica and that there are two
stations across the highway. Mr. Clark said SuperAmerica is more than a service
station.
U}FICE OF COUNTY RECORDS
STATE OF MINNESOTA, COUNTY OF ANON
I hereby certify that the within intro
trent was filed in ttphiiss office for recmo
on the—W i ROL—A.D., 19_.,.,,
`O o'clock p M., and was duly records
In book pag
Vvn-
order
9y _ �%I�K�P�,
Deputy
I
City of Fridley
APPEALS COMMISSION MEETING - TUESDAY, SEPTEMBER 20, 1983 PAGE 1
CALL TO ORDER:
Chairperson Gabel called the Appeals Commission meeting of September 20, 1983 to
order at 8:00 p.m.
ROLL CALL:
Members Present: Patricia Gabel, Alex Barna, Jim Plemel „ Donald Betzold
Members Absent: Jean Gerou
Others Present: Darrell Clark, City of Fridley
E. Louis Schuette, P.O. Box 541, Columbus, IN
Henry Lemke, 7553 Tempo Terrace, Fridley
Stephen Barry, 7520 Jackson Street N.E., Fridley
APPROVAL OF APPEALS COMMISSION MINUTES OF AUGUST 16, 1983:
MOTION by Mr. Barna, seconded by Mr. Betzold, to approve the minutes as written.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE MOTION CARRIED
UNANIMOUSLY.
1. VARIANCE REQUEST PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY CODE, TO REDUCE
THE REQUIRED SIDE YARD SETBACK FROM 10 FT. TO 7 FT. TO ALLOW THE CONSTRUCTION
OF A 12 FT. x 27FT. ENCLOSED PORCH ON LOT 1 BLOCK 4 MELODY MANOR 4TH ADDITION,
THE SAME BEING 7553 TEMPO TERRACE N_.E,FRIDLEY, MINNESOTA. Request by Harry
. Lempke, 7553 Tempo Terrace N.E. Fridley, MN 554
MOTION by Mr. Barna, seconded by Mr. Betzold, to open the public hearing. UPON A
VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC HEARING OPEN
AT 8:04 P.M.
Chairperson Gabel read the Administrative Staff Report for 7553 Tempo Terrace N.E.
A. PUBLIC PURPOSE SERVED BY REQUIREMENT.'
Section 205.073# 4B, (2), requires a side yard adjoining living area to be
not less than 10 feet wide.
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:
*Existing house is setback 35 feet from corner side yard (only 17.5 feet is
presently required).
Appeals Commission Meeting - September 20, 1983 Page 2
C. AD!lINISTRATI1/E STAFF REVIEW:
This lot is located on the southwest corner of Tempo Terrace and Jackson
Street. The front of the lot is on Jackson Street (shortest aide of a
corner lot) but the house was fronted on Tempo Terrace and the house is
setback 35 feet from both street property lines (not verified). This
results in an inside side yard setback of approximately 19 feet.
The proposed addition is 12 feet by 27 feet and would result in an
approximate side yard setback of 7 feet.
The structure to the south is an attached garage and is located 10 feet
from the apparent common lot line. Therefore, if this variance is approved
and the three season porch constructed, the distance between the proposed
porch and the existing garage would be 17 feet.
If the Board approves this variance, we have no stipulations to suggest.
Mr. Clark stated that the porch is already under construction as Mr. Lemke had
employed a contractor and the contractor failed to obtain a permit. He said a
stop work order was issued and the petitioner was informed they would have to
reduce the porch 3 feet or apply for a variance. He stated the petitioner was very
cooperative and decided to apply for a variance and to complete the'porch for use
next year. He also said the petitioner had decided to change contractors and there
also appears to be as much as 9 feet from the porch to the lot line, there will be
at least 7 feet. He said there is a fence that is at an angle. He further stated
the enclosed survey was taken before the house was built and in any event, there
is 17 feet between the porch and the existing garage.
Mr. Lemke was he was trying to build a screened -in patio with a roof, 12' x 271,
screen from top to bottom, no glass. Ms. Gabel noted that the first contractor
failed to fulfill his obligation. Mr. Lemke said the contractor failed to get the
permit so he called to have him stopped and he found out that the contractor did
not have insurance, did not have a license although he advertised that he did.
He said the new contractor is licensed and bonded. Mr. Clark said this is the only
side of the house that a porch can be placed because it is a corner lot. Mr. Plemel
asked about the fence and Mr. Clark said it is about.35 feet from the street.
Mr. Barna said he needed a clearly stated hardship; that this is the only place you
could put a patio and the contractor started it and that is why the petitioner is
here. Ms. Gabel said that another hardship is that the patio is half -constructed
and the petitioner is a victim of a contractor who failed to fulfill his obligations.
Mr. Stephen Barry was present and said he lives in back of the petitioner and felt
this was the only place the petitioner could put his patio and he did not object
to it. Mr. Barna asked Mr. Barry what site of a garage he had and Mr. Barry said
it was either 20' x 20' or 18' x 20' and further stated that he could not see the
patio from his window.
MOTION by Mr. Plemel, seconded by Mr. Barna, to close the public hearing. UPON A
VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC HEARING CLOSED
AT 8:15 P.M.
Appeals Commission Meeting - September 20, 1983 Page 3
The Commission members present had no objection to this variance request.
MOTION by Mr. Plemel, seconded by Mr. Barna, to grant the variance request to reduce
the required side yard setback from 10' to 7' to allow the construction of a 12 ft.
by 27 ft. enclosed porch, on Lot 1, Block 4, Melody Manor 4th Addition, the same
being 7553 Tempo Terrace N.E., Fridley Minnesota. UPON A VOICE VOTE, ALL VOTING AYE,
CHAIRPERSON GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY.
2.
VARIANCE PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY CODE,
FF REQUIRED PARKING LOT SMACK FRai 20 FEET ON SIDE YARD
RIGHT-OF-WAY. REDUCE THE REQUIRED PARKING LI
11 FEET ON REAR YARD ABUTTING A RIGHT OF WAY
250 F NFTHL NURTH
REQUEST FOR A VARIANCE ON THE REMAINING PARCEL (BECAUSE OF A PROPOSED LOT
PLIT REDUCE THE REQUIRED LOT SIZE FROt1�3�_AACRES TOTDS�CRES, LOCATED
ON THE WEST 200 FEET OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE
SOUTHWEST,QUARTER, BEING PART OF WHAT I NOW KNOWN AS LOT I.AUDIT6R'S
SUBDIVISION NO. 89, EXCEPT THE NORTH 331 FEET SUBJECT TO EASEMENTS OF
�ECORO, HE S ME BEfNGT20�'HIGHUAY #65 N.E., FRIDLEY-i'IN�543�.
jltequest bye. Louis chuette, ..- .Box -VT, Columbus—,TN�T�Q 0541)
MOTION by Mr. Barna, seconded by Mr. Betzold, to open the public hearing. UPON A
VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC HEARING OPEN
AT 8:20 P.M.
Chairperson Gabel read the Staff Report:
ADMINISTRATIVE STAFF REPORT
7299 Highway •65 N.S. and 7201 Highway K5 N -E.
A. PUBLIC PURPOSE SERVED BT RBQUIRENM:
7299 Highway #65 B.B.
Section 205.1739 1A, requires a minimum lot area of not less than
three-fourths (3/4) acre on plats recorded before January 1, 1983.
Public purpose served by this requirement is to provide adequate parking
and open landscaped areas as well as to avoid congestion and to provide
adequate sight clearances in industrial areas.
Section 205.174, 4E, (1), requires all parking and hard surface areas to be
no closer than twenty (20) feet from any street right of way.
Public purpose served by this requirement is to reduce visual pollution in
areas adjacent to lot lines and to separate parking areas with landscaped
areas.
7201 Highway *65 N.E.
Section 205.1739 1A, requires a minimum lot area of not less than
three-fourths (3/4) acre on plats recorded before January 1, 1983.
Appeals Commission Meeting - September 20, 1983 Page 4
Public purpose served by this requirement is to provide adequate parking
and open landscaped areas as well as to avoid congestion and to provide
adequate sight clearances in industrial areas.
B. STATED HARDSHIP:
"Necessary road right of way dedication and its location in order to line
up with existing roads, require shifting the development 15 feet to the
west. The lot, being a corner lot, requires an additional parking setback
of 20 feet along the side yard.•
C. ADMINISTRATIVE STAFF REVIEW:
Applicant is requesting a lot split in order to build a service station on
one lot and market the other lot. The original parcel of land was about
3.8 acres. Easements of 33 feet and 50 feet were taken for 73rd Avenue and
72nd Avenue respectively. This left 3.3 acres remaining. The lot split
request will necessitate additional easement for a service road.
Subtracting this land leaves the lots about 1.35 acres and 1.05 acres which
are below the minimum requirement. No variance to lot size would be
necessary if easements were not taken.
Variances to the parking lot are due largely to the installation of the
service drive. The development has been shifted westerly to provide the
necessary building setback and proper boulevard for snow storage. The lot,
as currently proposed, is surrounded entirely by right of way which
requires a 20 foot setback instead of 5 feet.
Staff recommmends approval of these variances with the stipulation that
adequate landscaping is installed and a 15 foot bikeway/walkway easement is
granted.
Mr. Clark reported that the land is zoned light industrial and a lot split is being
requested at the Planning Commission meeting on September 28,1983 and if it is granted,
it would mean that the two remaining parcels would be less than the new code requires
for M -I lot. He said the side yard variances are off the service drive and there is
a large ditch and boulevard. He stated the petitioner is willing to grant a 15 ft.
bikeway/walkway and willing to work with Planning on landscaping. He also stated
petitioner has applied for a special use permit.
Mr. E. Louis Schuette, Ashland Oil, Inc. (SuperAmerica) was present. Mr. Barna said
the property is accessible from 73rd without a service drive and the other property
is accessible from 72nd without a service drive. Mr. Clark stated the petitioner
spoke with engineering and this was decided to be done. Mr. Schuette said he did
not know how the road business got started and asked if a median was proposed near
the intersection. Mr. Clark said it was. Mr. Schuette said that would hurt the
property some as the roadway is going to be expensive. He also said the marketability
of the other property will be better if they have a way of getting into it and he
had no objection to dedicating right-of-way or the landscaping. Mr. Clark said he
did not know if the service drive was desired by the petitioner or the City. He
cited the example of Lampert Lumber and that there is a median down Osborne Road
and they have no access to westbound Osborne Road.
Mr. Plemel noted that Parcel 8 would be a SuperAmerica and that there are two
stations across the highway. Mr. Clark said SuperAmerica is more than a service
station.
Appeals Commission Meeting - September 20, 1983 _ Page 5
Mr. Schuette said they have no plans for the other property until the service drive
was in. He also said they have a new SuperAmerica logo. Ms. Gabel asked what the
special -use permit was for and Mr. Clark said it was for a service station in an
M-1 district. Mr. Schuette said they will have 24 hoses under the canopy and there
will be plenty of room, all the pumps would be self-service. Ms. Gabel asked
Mr. Clark if he had any problem with the 20 to 11 ft on the rear yard and Mr. Clark
did not. Ms. Gabel asked what SuperAmerica planned to do with the other property.
Mr. Schuette said they hoped to market it but not until the roadway gets in.
Mr. Clark said if it wasn't for the service drive, they would not need any variances.
Mr. Plemel wanted to know who requested the service drive. Mr. Barna also wanted
to know as the hardship is caused by the service drive. Ms. Gabel said this might
something that Planning has asked for. Mr. Schuette said it might be advantageous
to have entrances from both streets. Ms. Gabel said it is most likely that the
median will go in and the service drive will be needed. Ms. Gabel asked about
parking and Mr. Clark said there will be enough parking. Mr. Plemel questioned the
future use of Parcel B and Mr. Schuette said they have no special plans, they are
just doing one thing at a time and they have owned the property for years.
Mr. Clark said the parking stalls could be 18 ft. instead of 20 ft. as they go into
a curb. Ms. Gabel questioned special -use permit rather than rezoning. She also
said the service drive seems like a wise way to go in terms of future traffic.
Mr. Clark said this will go to Planning along with the lot split and special -use
permit and to the City Council on October 17, 1983.
There was much discussion at this time regarding the highway lanes, the turning
lanes and their distance from parking. Mr. Clark suggested bringing the matter
to engineering for review. Mr. Betzold noted that 11 ft. on south side of the lot
is 21 ft. curb to curb and the five ft. on the north side is an actual physical
5 ft. Mr. Clark said that 5 ft. is not part of the variance; that from the right-
of-way to their curb is 20 ft. and the bikeway is not part of that 20 ft.; there
is 5-10 ft. from bikeway to their curb. Ms. Gabel said engineering has looked at
this and signed off with no comment so they must believe there is adequate room
to do what needs to be done. Mr. Clark said they could get five 12 -foot lanes and
a 5 ft. median; not much boulevard. Mr. Plemel felt the gas station would be a nice'
building and it was appropriate use but questioned the need for another gas station.
Ms. Gabel said she had some reservations and the specific questions could be answered
at the Planning Commission meeting. Mr. Barna wanted to know who created the hardship,
engineering or petitioner and if it was the petitioner then it negates the hardship.
MOTION by Mr. Plemel, 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;55 P.M.
Mr. Barna said he had no problem with the lot split due to the usage but he had a
problem with the cutback roadway and roadway causing the need for the variances that
otherwise would not be necessary. The Commission members present felt they would
like some specific answers from Jerry Boardman about what is going to happen with
the road and felt if the lot split and special -use permit are denied then the plan
isn't going to work.
Appeals Commission Meeting - September 20, 1983 _ Page_6
MOTION by Mr. Betzold, seconded by Mr. Plemel, that the Appeals Commission recommend
To the City Council approval of the variance requests to reduce the required parking
lot setback from 20 feet on side yard abutting right-of-way; reduce the required
parking lot setback from 20 feet to 11 feet on rear yard abutting a right-of-way, and
reduce the lot from the required 111 acrea in M-1 zoning (light industrial) to 1.35
acres, to allow the construction of a service station on the north 331 feet of the
west 250 feet of the north half of the northwest quarter of the southwest quarter,
being a part of what is now known as Lot 1, Au4itor's Subdivision 89, subject to
easements of record, the same being 7299 Highway #65 N.E. and;
to grant the variance request on the remaining parcel (because of a proposed lot
split) to reduce the required lot size from la acres to 1.05 acres, located on
the west 200 feet of the north half of the northeast quarter of the southwest
quarter, being a part of what is now known at Lot 1, Auditor's Subdivision No.89,
except the north 331 feet, subject to easements of record, the same being 7201
Highway #65 N.E., Fridley, Minnesota, with the stipulations that adequate land-
scaping is installed and a 15 -foot bikeway/walkway easement is granted.
Discussion: Mr. Barna said he had a problem voting on the motion because he did
not know if the hardship was valid or not. Mr. Clark said if the City wants the
service drive the hardship is there and if the petitioner wants the service drive,
the petitioner should meet setback requirements. Mr. Plemel noted that up until
lz months ago, this was enough area for light industrial.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE MOTION CARRIED
UNANIMOUSLY. (This matter goes to Planning Commission on 9/28/83 and to the
City Council on 10/17/83).
ADJOURNMENT:
Chairperson Gabel declared the Appeals Commission meeting of September 20, 1983
adjourned at 9:10 p.m.
Respectfully submitted,
Deb Ni zni k
Recording Secretary