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VAR 86-07M CITY OF FRIDLEY y..; 6431 UNIVERSITY AVv' N.E. FRIDLEY, MN 55432 (612) 571-3450 PROPERTY INFORMATION PROPERTY ADDRESS 9 LEGAL DESCRIPTION: V VARIAN' -%E REQUEST FORM VARIANCE # VARIANCE FEE RECEIPT #. rp SCHEDULED AP EALS MEETING DATE i G Lle LOT BLOCK TRACT/ADDITION PRESENT ZONING �-°' VARIANCE REQUEST(S): Attach a plat or survey of, the property showing building, variance(s), where applicable. ooc (c cenas 1 � &eL ®94.10 Sectiono he ode�� e �► J Z_�r List specifi hardsh�which require the variance(s)-..2 p � e OWNER INFORMATION NAME (please print) 2A 1e� Sef Je lv 5 Ir PHONE ADDRESS SIGNATURE DATE e !✓ ��-� PETITIONER INFORMATION NAME (please print) F%02 m 4 PHONE 6-:Z1-4�40i ADDRESS SIGNATURE DATE >'$—JApa ################################################################################## APPEALS COMMISSION: APPROVED DENIED DATEl'; CITY COUNCIL: APPROVED DENIED T_ DATE STIPULATIONS: K 1e. to 7 K0 APPEALS COINISSION MEETING, APRIL 29, 1986 PAGE 4 MOTION BY MR. SHEREK, SECONDED BY MS. SAVAGE, TO APPROVE VARIANCE REQUEST, VARIANCE ##86-07, PURSUANT TO CHAPTER 205 OF FRIDLEY CITY CODE TO REDUCE THE SIDE YARD SETBACK FROM 10 FEET TO 7.8 FEET TO ALLOW AN ADDITION TO AN EXISTING HOUSE THAT PRESENTLY IS AT,A 7.8 FOOT SIDE YARD SETBACK. ON THE SOI►TH 1/2 OF LOT 8, ALL OF LOT 9 AND NORTH 15 FEET, FRONT AND REAR, OF LOT 10, BLOCK 5, FLORENCE PARK ADDITIOlI TO FRIDLEY INCLUDING THE EAST 1/2 OF ALLEY TO BE .VACATED, LYING ADJACENT AND TO THE REAR OF SAID BLOCKIA'CCORDING TO THE MAP THEREOF ON FILE OF RECORD IN THE OFFICE OF THE REGISTER OF DEEDS IN AND FOR ANOKA COUNTY, THE SAME BEING 6336 VAN BUREN STREET N.E. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. WELCOME TO NEW COMMISSION MEMBER,aDIANE SAVAGE: Mr. Betzold introduced Ms. Savage to the Commissioners and welcomed her to the Commission. 3. OTHER BUSINESS: a4 Draft Revision of Sign Ordinance Mr. Barna stated that at the April 7, 1986, City Council meeting, the City Council members had mentioned what Mr. Barna had brought up about a nonth ago at the Appeals Commission regarding the changing of the Sign Ordinance. The Commission had previously directed Staff to look at the possibility of changing the Sign Ordinance, not necessarily to be in line with surrounding communities, but to balance out their own city, possibly looking at changing the ordinance so that signage for a particular development would be established by the size of the develop- ment, the size of the shopping district, or store area, rather than as it is now where everything is the same, which is 80 sq. ft. of signage. He stated that in some places, 80 sq. ft. is fine, but in other places, 80 sq. ft. is much too small. fir. Sarna stated that Councilman Schneider made a motion (page 8 of the April 7 City Council minutes) directing staff to have a proposed draft revision of the Sign Ordinance presented to the City Council by their last meeting in May with or without a recommendation fron the Appeals Commission. The Commission members agreed they would like to have some input into the Sign Ordinance revision. MOTION BY MR. BARNA, SECONDED BY MR. SHEREK, TO DIRECT STAFF TO CONVEY TO THE CITY COUNCIL THAT THE APPEALS CQrIMISSIONWOULD LIKE THE OPPOR- TUNITY TO RBVIEDI THE DRAFT REVISION OF THE SIGN ORDINANCE AND GIVE SWJF INPUT INTO THE REVISION. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD•DECLAP.F.D THF. MOTION CARRIED UNANIMOUSLY. I JA_ W COMM SSION APPLICATION REVIEW Department Number I File Date Meeting Date OWOF Planning 16 1 4-15-86 April 29, 1986 FMDLEY File Address/Description variance 86-07 COMPLETE REVIEW CHECKLIST 6336 Van Buren St. - Reduce the sideyar setback from 101 to 7.8 feet. RETURN TO PLANNING JIM -COMMENTS 4-1 JOHN _1vj LEOWz3 w 6- CIWOF F14DLEY 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 29 ,1986 in regard to the following matter: Consideration of a variance request pursuant to Chapter 205 of the Fridley City Code, to reduce the side yard setback from 10 feet to 7.8 feet to allow an addition to an existing house that presently is at a 7.8 foot side yard setback on the south 1/2 of Lot 8, all of Lot 9 and North 15 feet, front and rear, of Lot 10, Block 5, Florence Park Addition to Fridley including the East 112 of alley to be vacated, lying adjacent and to the rear of said Block; according to the map thereof on file of record in the office of the Register of Deeds in and for Anoka County, the same being.6336 Van -Buren Street 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. DONALD BETZOLD CHAIRMAN 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. ,1 APPEALS April 29, 1986 CITY COUNCIL MAILING LIST Variance #86-07 6336 Van Buren Street Phillip J. Salewski Ruth M. 011ila Michael Niedenfuer 6336 Van Buren Street 6310 Able Street 6311 Jackson Street Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Ervin F. Sahli Ray E. Melin Charles M. Rees 6340 Van Buren Street 6320 Able Street 6301 Jackson Street Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Vernon L. Stegeman Gerald L. Bergum Louis J. Virkus 6350 Van Buren Street 6334 Able Street 6297 Jackson Street Fridley, MN 55432;1 Fridley, MN 55432 Fridley, MN 55432 Ronnie J. Saba Robert D. Kelsey Norman H. Young 6360 Van Buren Street 6340 Able Street 6295 Jackson Street Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Vera A. Krzyska James 0. McCluskey Gene E. Mahs 6370 Van Buren Street 6350 Able Street 6300 Van Buren Street Fridley, MN 55432 Fridley, MIV 55432 Fridley, MN 55432 Arvid Haugen Robert E. Saltness Marshall G. Larson 6377 Van Buren Street 6349 Van Buren Street 6310 Van Buren Street Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Richfield Bank and Trust Co. Sandra J. Whitbe.ck Eugene H. Olson 6625 Lyndale Avenue South 6313 Van Buren Street 6320 Van Buren Street Richfield, MN 55423 Fridley, MN 55432' Fridley, MN 55432 David J. Depoint 6339 Van Buren Street Fridley, MN 55432 Richard F. Gervais 6337 Van Buren Street Fridley, MN 55432 Dean E. Saba 6325 Van Buren Street Fridley, MN 55432 Harvey Egler 6300 Jackson Street Fridley, MN 55432 Paul Weaver 6310 Jackson Street Fridley, MN 55432 Donald G. Danko 6320 Jackson Street Fridley, MN 55432 Alice 0. Lejchar 6300 Able Street Fridley, MN 55432 Kenneth A. Hafner 6301 Van Buren Street Fridley, MN 55432 Thomas J. Myhra 6.360 Able Street Fridley, MN 55432 Earl D. Sorenson 6370 Able Street Fridley, MN 55432 Barbara K. Swanson 6365 Jackson Street Fridley, MN 55432 Lawrence J. Brazil 6357 Jackson Street Fridley, MN 55432 Francis R. Rodgers 6351 Jackson Street Fridley, MN 55432 Arnold L. Aune 6321 Jackson Street Fridley, MN 55432 Item #1, April 29, 1986 ADMINISTRATIVE STAFF REPORT 6336 Van Buren Street N. E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.07.3D.2a, requires a side yard of ten (10) feet between any living area and side property lines. Public purpose served by this requirement is to maintain a minimum of 20 feet between living areas in adjacent structures and 15 feet between garages and living 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: "The existing house is 7.8 feet from the property line, there is 20 feet between my home and the neighbors house. I need more floor space" C. ADMINISTRATIVE STAFF REVIEW: "The Original house was built in 1956. It is 7.8 feet from the south property line. The petitioner wants to add onto the rear of the existing house at the same setback. The petitioner wants to add on a 12 X 13.5 foot bedroom and a 12 X 14.5 foot 3 season porch. The staff has no stipulations to recommend if the Board moves to approve. ?# April 29, 1986 To Thom It May Concern: Being the home owners of the property next door to 6336 VanBuren Street NE, we have no objections to the proposed addition to the home at 6336 VanBuren Street NE. Ervin & Norma Sahli 6340 VanBuren Street Fridley, MN 55432 April 29, 1986 To Whom It May Concern: Pleased be advised that the proposed addition to the home at 6336 Van Buren St. N.E., which is adjacent to my home, poses no problem to us. If you have any questions, please call me at the below number. Telephone - J 71-2682 Joan L. Olson 6320 Van Buren St. N.E. Fridley, MN 55432 CITY OF FRIDLEY APPEALS COMMISSION MEETING, APRIL 29, 1986 CALL TO ORDER: Chairperson Betzold called the April 29, 1986, Appeals Commission meeting to order at 7:30 p.m. ROLL CALL: Members Present: Donald Betzold, Alex Barna, Jerry Sherek, Diane Savage Meribers Absent: Jean Gerou Others Present: Clyde Ploravetz, City of Fridley Phillip Salenski, 6336 Van Buren St. N.E. APPROVAL OF APRIL 15, 1986, APPEALS COMMISSIOM 11IMUTES: MOTION BY 11R. BARNA, SECONDED BY MR. SHF.REK, TO APPROVE THE APRIL 15, 1986, APPEALS COMMISSION MINUTES AS WRITTF.17. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. 1 1 1 11 DOW pay.,11m, Ion BIMINI • 11 1 •1 � 1 11 � 1 1 1 1 1 � 11i r�1 � � 1 �.Ti. .\ 7�i1 ��T.�77 i71<�Y�7►1�dv �T.l iL� � ��i ��>b.! ! ! *! t LUi t R! y.] y�l 3 �l JI r y � � � �l RECORD Ili THEZi F1C­E—0T SNEREGISTER OF DEEDS THE SAME BEING 6336 VA14 BUREN STREET N.E. Request by Phillip Sa enski, 6336 an Buren Street N.E., Fri ey, 1n. 55432) MOTION BY MR. BARNA, SECONDED BY MR. SHEREK, TO OPEN THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYF., CHAIRPERSON BETZOLD DECLARED THE PUBLIC HEARING OPEN AT 7:31 P.M. Chairperson Betzold read the Administrative Staff Report: ADMINISTRATIVE STAFF REPORT 6336 Van Buren Street N.F. A. PUBLIC PURPOSE SERVED BY REq!IRFt1ENT: Section 205.07.3D.2a requires a side yard of ten t10) feet between any living area and side property lines. APPEALS C0111ISSION MEETING, APRIL 29, 1986 PAGE 2 Public purpose served by this requirement is to maintain a minimum of 20 feet between living areas in adjacent structures and 15 feet hetween 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: "The existing house is 7.8 feet from the property line; there is 20 feet between my home and the neighbor's house. I need more floor space." C. ADMINISTRATIVE STAFF REVIEW: "The original house was built in 1956. It is 7.8 feet from the south property line. The petitioner wants to add onto the rear of the existing house at the same setback. The petitioner wants to add on a 12 x 13.5 foot bedroom and a 12 x 14.5 foot 3 season porch. "The staff has no stipulations to recommend if the Board moves to approve this request." Mr. Moravetz shored the Commissioners an aerial photo in which he had outlined where the addition would be placed on the house. Mr. Salenski stated he had talked to both the immediate property owners to the north and south of his house, and they had expressed no objection. MOTION BY MR. BARNA, SECONDED BY MR. SHEREK, TO RECEIVE INTO THE RECORDS TWO LETTERS FROM THE ADJOINING PROPERTY OWNERS, EUGENE OLSON AND ERVIN SAHLI, IN WHICH THEY STATED THEY HAD NO OBJECTION TO THE ADDITION AS PROPOSED BY THE PETITIONER. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Salenski stated he has a small two bedroom house. The bedrooms are very small, the larger one being 101-Z x 111z. He stated he wanted to expand the smaller bedroom to make it a livable size. He stated the hardship was hard to define, other than that he needed to make the home more livable for himself and his two children who live with him part-time. He stated that when the house was built, it was built 7.8 ft. from the property line; however, there was still 20 ft. between his house and the neighboring house to the south. Mr. Barna stated this house at 8372 sq. ft. was an extremely small house by Fridley standards. He could understand needing more room for children, and _he could understand the need for more livable space. The addition would make the house more convenient for the petitioner's family situation as well as more saleable in the future and more valuable to the city itself. The reason Mr. Salenski needed the variance was because of a pre-existing situation. APPEALS COMMISSION MEETING, APRIL 29, 1986 PAGE 3 Ms. Savage stated she had looked at the property. She stated the back yard was totally fenced in with a fairly high fence so it was not as if there was something obtrusive that was being changed to the character of the house. And, it did appear to be a very small house. MOTION BY MR. BARNA, SECONDED BY MR. SHERF.K, TO CLOSE THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD'DECLARED THE PU.1UTC HEARING CLOSED AT 7:46 P.M. Ms. Savaqe stated she did know fir. Salenski because he was a Fridley police officer; and as an Assistant Anoka County Attorney in the Criminal Division, she had worked with Mr. Salenski in the past. She did not believe there was any conflict of interest because of this. Mr. Sherek stated he had looked at the property and the addition plans. He felt a small house of this size in this day and age was a hardship in itself, and he did not see any other practical way to make that extension without conforming to the 7.8 ft. setback which was established prior to the current regulation of 10 ft. Under the circumstances, he saw enough of a hardship to grant this variance. Mr. Barna stated he agreed with Mr. Sherek. In looking at the aerial photograph, there was only one other house on the block that was about the same size, and it was across the street. The house was much skaller than the average house on the block and in the neighborhood and was well below the average size house for the City of Fridley, the average being 920 sq. ft. Mr. Barna stated that due to the present layout of the house, this plan was the only reasonable way to expand. He believed the expansion was necessary and that the actual need for a variance was because of a pre-existing problem that existed long before the city code was established and was no fault of the petitioner's. He would be strongly in favor of granting the variance. Pts. Savage stated she would agree with what had been said by fir. Sherek and fir. Barna. The property was in conformity generally with the spirit of the code in that there was a total of 20 ft.. between living areas, and she thought the hardship had been established sufficiently. The addition as planned was the only thing that could be done and the addition was needed. Mr. Betzold stated he also concurred with the other com.issioners. He stated they get into these situations periodically with the earlier houses that were built in the city, and they cannot move the.property line or the house. As was mentioned, the house was quite small, and there were probably garages in the area that were bigger than the petitioner's house. Since the house was already at 7.8 ft. and the petitioner was just extending the house at the same Setback and there was still 20 ft, between houses, granting the variance would not violate the spirit of the code. He, too, would be in favor of granting the variance. -4 w4 APPEALS COIVISSION MEETING, APRIL 29, 1986 PAGE 4 MOTION BY MR. SHEREK, SECONDED BY MS. SAVAGE, TO APPROVE VARIANCE REQUEST, VARIANCE #86-07, PURSUANT TO CHAPTER 205 OF FRIDLEY CITY CODE TO REDUCE THE SIDE YARD SETBACK FROM 10 FEET TO 7.8 FEET TO ALLOW AN ADDITION TO AN EXISTING HOUSE THAT PRESENTLY IS AT A 7.8 FOOT SIDE YARD SETBACK ON THE SOUTH 1/2 OF LOT 8, ALL OF LOT 9 AND NORTH 15 FEET, FRONT AND REAR, OF LOT 10, BLOCK 5, FLORENCE PARK ADDITION TO FRIDLEY INCLUDING THE EAST 1/2 OF ALLEY TO BE VACATED, LYING ADJACENT AND TO THE REAR OF SAID BLOCK;ACCORDING TO THF. MAP THEREOF ON FILE OF RECORD IN THE OFFICE OF THE REGISTER OF DEEDS IN AND FOR ANOKA COUNTY, THE SAME BEING 6336 VAN BUREN STREET N.E. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. WELCOME TO NEW COMMISSION MEMBER, DIANE SAVAGE: Mr. Betzold introduced Ms. Savage to the Commissioners and welcomed her to the Commission. 3. OTHER BUSI14ESS: a4 Draft Revision of Sign Ordinance Mr. Barna stated that at the April 7, 1986, City Council meeting, the City Council members had mentioned what Mr. Barna had brought up about a month ago at the Appeals Commission regarding the changing of the Sign Ordinance. The Commission had previously directed Staff to look at the possibility of changing the Sign Ordinance, not necessarily to be in line with surrounding communities, but to balance out their own city, possibly looking at changing the ordinance so that signage for a particular development would be established by the size of the develop- ment, the size of the shopping district, or store area, rather than as it is now where everything is the same, which is 80 sq. ft. of signage. He stated that in some places, 80 sq. ft. is fine, but in other places, 80 sq. ft. is much too small. Mr. Barna stated that Councilman Schneider made a motion (page 8 of the April 7 City Council minutes) directing staff to have a proposed draft revision of the Sign Ordinance presented to the City Council by their last meeting in May with or without a recommendation fron the Appeals Commission. The Commission members agreed they would like to have some input into the Sign Ordinance revision. MOTION BY MR. BARNA, SECONDED BY MR. SHEREK, TO DIRECT STAFF TO CONVEY TO THE CITY COUNCIL THAT THE APPEALS C011MISSION WOULD LIKE THE OPPOR- TUNITY TO REVIEW THE DRAFT REVISION OF THE SIGN ORDINANCE AND GIVE SOME INPUT INTO THE RE17ZS10N. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLAP.F.D THF. MOTION CARRIED UNANIMOUSLY. ,1 r R w APPEALS COMISSION MEETING, APRIL 29, 1986 PAGE 5 ADJOURNMENT: MOTION BY MR. BARNA, SECONDED BY MR. SHEREK, TO ADJOURN THE MEETING. UPON A VOICE VOTE, ALL VOTING AYF, CHAIRPERSON BETZOLD-DECLARED THE APRIL 29, 1986, APPEALS C014MISSION MEETING ADJOURNED AT 8:00 P.M. Respectfully s mitted, tyrfiYeSaa Recording Secretary 725667 STATE OF MINNESOTA APPEALS COMMISSION PROCEEDINGS COUNTY OF ANOKA CITY OF FRIDLEY In the Matter of a Variance, VAR #86-07, located at 6336 Van Buren Street N.E. VARIANCE Phillip Salenski , Owner The above entitled matter came before the Appeals Commission of the City of Fridley and was heard on the 29th day of - April , 19-2-6-1 on a petition for a variance pursuant to the City of Fridley's Zoning Ordinance, for the following described property: To reduce the side yard setback from 10 feet to 7.8 feet to allow an addition to an existing house that presently is at a 7.8 foot side yard setback on the south 1/2 of Lot 8, all of Lot 9 and the north 15 feet, front and rear, of Lot 10, Block 5, Florence Park Addition to Fridley, the same being 6336 Van Buren Street N;E. 0 IT IS ORDERED that a variance be granted as upon the followi'ing conditions or reasons: See Appeals Commission Minutes of April 29, 1986. STATE OF MINNESOTA ) COUNTY OF ANOKA ) CITY OF FRIDLEY ) OFFICE OF THE CITY CLERK I, Shirley A. Haapala, City Clerk for the City of Fridley with and in for said City of Fridley, do hereby certify that I have compared the foregoing copy and Order granting a variance with the original record thereof preserved in my office, and have found the same to be a correct and true transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at the City of Fr' ley, Minnesota, in tto County of Anoka on the day of 19• DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 �c�� lf✓. / SHIRLEY A. H APALA, CITY CLERK Variances are valid for a period of one year following approval and s a.i'�1,; bea considered void if not used within that period., f SEAL CITY OF FRIDLEY APPEALS COMMISSION MEETING, APRIL 29, 1986 CALL TO ORDER: Chairperson-Betzold called the April 29, 1986, Appeals Comnissio eetinQ to order at 7:30 p.m. ROLL CALL: Meribers Present: Donald Betzold, Alex Barna, J - y Sherek, Diane Savage Meribers Absent: Jean Gerou Others Present: Clyde Nora1 tz, y of Fridley Phillip Sale i, 6336 Van Buren St. N.E. 1-4 APPROVAL OF APRIL 15 986, APPEALS C01111ISSIn"! 11It•91TES: !d0:'IO": BY HP.. R�'A, SECONDED BY IfP.. SHF.REK, TO APPRO?B THE APRIL 15, 1986, APPEALS C01MISSION MINUTES AS WRITTEN. 00% VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THF. NOTION IED UNANIMOUSLY. 1. CONSIDERATION OF A VARIA14CE REQUEST, VARIANCE X86-07, PURSUANT TO CHAPTER '205 OF ]HL �RIDLEY CITY LUDE TO REDUCE ME SIDE YARD SEWACK MR1 If) FLLI TO 7.8 FEET TO ALLOW A14 ADDITION TO AN EXISTING HOUSE THAT PRESENTLY r-777 A 1.8 FOOT SIDE YARD SETBACK ON THE SOUTH ]/Z OF LOT 8, ALL OF L01 _, FEET,NORTH 1b FRONT ATID REAR, OF LOT 10, BLOCK 5, FRIDLEY INCLUDING THE EAST 112 OF ALLEY TO BE VACATED, LYINn, ADJAMT— AND FSIACCORDING TO THE 11AP THEREOF ON FILE OF RECORD IN THE OFFICE OF THEGIS S I! AND FOR ANW-TM71177—, THF SALE BEING 6336 VAN BURP4 STREET N.E.Request by Phillip Sa enski, 6336 Van Buren Street N.E., Fridley, fin. 55432) MOTTO"I BY MR. BAI A, SECONDED BY MR. SHEREK, TO OPEN THE PUBLIC HEARINr. UPON A VOICE VOTE, ALL VOTING AYF., CHAIPPERS017 BETZOLD DECLAPFD THF. PUBLIC HEARING OPEN AT 7:31 P.M. Chairperson Betzold read the Administrative Staff Report: ADIII41STRATIVE STAFF REPORT 6336 Van Buren Street N.F. A. PIMLIC PURPOSE SERVED BY REQ11IRMENT: Section 205.07.3D.2a requires a side yard of ten (10) feet between any living area and side property lines. APPEALS C01f1ISSI0N MEETING, APRIL 29, 1986 PAGE 2 Public purpose served by this requirement is to maintain a minimum of 20 feet between living aweas 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: "The existing house is 7.8 feet from the property line; there is 20 feet between my home and the neighbor's house. I need more floor space." C. ADMINISTRATIVE STAFF REVIEW: "The original house was built in 1956. It is 7.8 feet from the south property line. The petitioner wants to add onto the rear of the existing house at the sane setback. The petitioner wants to add on a 12 x 13.5 foot bedroom and a 12 x 14.5 foot 3 season porch. "The staff has no stipulations to recommend if the Board moves to approve this request." Mr. Moravetz shoved the Commissioners an aerial photo in which he had outlined where the addition would be placed on the house. Mr. Salenski stated he had talked to both the immediate property oviners to the north and south of his house, and they had expressed no objection. NOTION BY MR. BARNA, SECOI:DED BY MR. SHEREY., TO RECEIVE I1'TO THF RECORDS TWO LETTERS FROM THE ADJOIIiING PROPERTY OW"IF.RS, EUGENE OLSON AND ERVIN .SAIILI, IN WHICH THEY STATED THEY HAD NO OBJECTION TO THE ADDITION AS PROPOSED BY THE PETITIONER. UPON A VOICE VOTE, ALL VOTING AYE, CHAIPPERSON BF.TZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Salenski stated he has a small two bedroom house. The bedrooms are very small, the larger one being 1012 x 11'2. He stated he wanted to expand the smaller bedroom to make it a livable size. He stated the hardship was hard to define, other than that he needed to make the home more livable for himself and his two children who live with him part-time. He stated that when the house was built, it was built 7.8 ft. from the property line; however, there was still 20 ft. between his house and the neighboring house to the south. Mr. Barna stated this house at 83712 sq. ft. was an extremely small house by Fridley standards. He could understand needing more room for children, and he could understand the need for more livable space. The addition would make the house more convenient for the petitioner's family situation as well as more saleable in the future and more valuable to the city itself. The reason Mr. Salenski needed the variance was because of a pre-existing situation. APPEALS COMMISSION MEETING, APRIL 29, 1986 PAGE 3 Ms. Savage stated she had looked at the property. She stated the'back yord was totally fenced in with a fairly high fence so it was not as if there was something obtrusive that was being changed to the character of the house. And, it did appear to be a very small house. MOTION BY MR. BARAiA, SECONDED BY MR. SHF.RF,K, TO CLOSE. THE Pi1BL,IC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE P[771,77 HEARING CLOSED AT 7:46 P.M. Ms. Savaqe stated she did know Hr. Salenski because he was a Fridley police officer; and as an Assistant Anoka County Attorney in the Criminal Division, she had worked with Mr. Salenski in the past. She did not believe there was any conflict of interest because of this. Mr. Sherek stated he had looked at the property and the addition plans. He felt a small house of this size in this day and age was a hardship in itself, and he did not see any other practical way to make that extension without conforming to the 7.8 ft. setback which was established prior to the current regulation of 10 ft. Under the circumstances, he saw enough of a hardship to grant this variance. fir. Barna stated he agreed with Mr. Sherek. In lookinn at the aerial photograph, there was only one other house on the block that was about the same size, and it was across the street. The house was much smaller than the average house on the block and in the neighborhood and was well below the average size house for the City of Fridley, the average being 920 sq. ft. fir. Barna stated that due to the present layout of the house, this plan was the only reasonable way to expand. tie believed the expansion was necessary and that•the actual need for a variance was because of a pre-existing problem that existed long before the city code was established and was no fault of the petitioner's. He would be strongly in favor of granting the variance. Ms. Savage stated she would agree with what had been said by fir. Sherek and Mr. Barna. The property was in conformity generally with the spirit of the code in that there was a total of 20 ft. between living areas, and she thought the hardship had been established sufficiently. The addition as planned was the only thing that could be done and the addition was needed. Mr. Betzold stated he also concurred with the other commissioners. He stated they get into these situations periodically with the earlier houses that were built in'the city, and they cannot move the.property line or the house. As was mentioned, the house was quite small, and there were probably garages in the area that were bigger than the petitioner's house. Since the house was alreadv at 7.8 ft. and the petitioner was just extending the house at the same setbac{: and there was still 20 ft. between douses, granting the variance would not violate the spirit of the code. He, too, would be in favor of granting the variance. APPEALS COMMISSION MEETING, APRIL 29, 1986 PAGE 4 MOTION BY MR. SHEREK, SECONDED BY MS. SAVAGE, TO APPROVE VARIANCE REQUEST, VARIANCE #86-07, PURSUANT TO CHAPTER 205 OF FRIDLEY CITY CODE TO REDUCE THE SIDE YARD SETBACK FROM 10 FEET TO 7.8 FEET TO ALLOW AN ADDITION TO All EXISTI17G HOUSE THAT PRESENTLY IS AT A 7.8 FOOT SIDE YARD SETBACK ON THE SOPTH 1/2 OF LOT 8, ALL OF LOT 9 AND NORTH 15 FEET, FRONT AND REAR, OF LOT 10, - BLOCK 5, FLORE1dCE'PARK ADDITION TO FRIDLEY INCLUDING THE EAST 1/2 OF ALLEY ' TO BE VACATED, LYING ADJACENT AND TO THE REAR OF SAID BLOCK;ACCORDING TO THE MAP THEREOF ON FILE OF RECORD IN THE OFFICE OF THE REGISTER OF DEEDS IN AND FOR ANOKA COUNTY, THE SAME BEING 6336 VAN BUREN STREET N.E. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. WELCOME TO NEW COMMISSION MFMBER, DIANE SAVAGE: Mr. Betzold introduced Ms. Savage to the Commissioners and welcomed her to the Commission. 3. OTHER BUSI14ESS: a. Draft Revision of Sian Ordinance Mr. Barna stated that at the April 7, 1986, City CoupCil meeting, the City Council members had mentioned what Mr. Barna Xd brought up about a month ago at the Appeals Commission regarding a changing of the Sign Ordinance. The Commission had previously irected Staff to look at the possibility of changing the Sign Ord'. nce, not necessarily to be in line with surrounding communities, Wit to balance out their own city, possibly looking at changing the dinance so that signage for a particular development would be est.' ished by the size of the develop- ment, the size of the shopping dis ,pct, or store area, rather than as it is now where everything is th 5 ame, which is 80 sq. ft. of signage. He stated that in some places ft. is fine, but in other places, 80 sq. ft. is much too smal Mr. Barna stated that Co cilman Schneider made a motion (page 8 of the April 7.City Coun ' minutes) directing staff to have a proposed draft revision of t Sign Ordinance presented to the City Council by their last meetin in May with or without a recommendation fron the Appeals Commiss''n. The Commiss,' n members agreed they would like to have some input into the Sian Odinance revision. MOTIQr BY MR. BARNA, SECONDED BY MR. SHEREK, TO DIRECT STAFF TO CONVEY TO E CITY COUNCIL THAT THE APPEALS CO!1MISSION WOULD LIKE THE OPPOR— lITY TO RMrXEP7 THE DRAFT REVISION OF THE SIGN OP.DINANCE AND GIVE SOME INPUT INTO THE REVISION. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLAP.F.D THF MOTION CARRIED UNANIMOUSLY. { ° 725667 NurnericaNI'... Grantor Grantee_ Recorded Checked Margin Tr. Index®„ �'. :DEICE GI- COUNTY RECORDER $tAIE Ot MINNESOTA. COUNTY OF ANOKA r here% Certify that the within instrW 00 C ment was tiled in this office for record on the SEP 1 6 1986 t� !: o'clock and was duty recorded 2y Rec618De City of Fridley 6431 University Ave NE Fridley Mn. 55432 14 77 77jo AWN iNINGTHE DS OF 4 -HARVEY A. CARTWRIGHT Mon JOEbHILL, CIVIL COR NSSR ANOKA COUNTY SURVEYS tfTAfLIfN[L 1999 14[N 14ME COUNTY RVEYSY9 LAND. q.7 /g $,V V 0 ry p MINNewPOLIe sugvBvs !�f ! � is fJ .9� k7 C. F. SifANDHOFE° CIVIL ENGINEER 8410 PALM STREET N. W. REGISTERED UNDER LAWS OF STATE OR MINNESOTA ESr ®LISSNED IMS SUNSET 4.7688 LICRMSCD SY ORI NMANCIt OF CITY 01' MINNEAPOLIS OWNER JAMES NELSON 328 PLYMOUTH BUILDING FEn1ERAL 8-8921 Sumveyon INDUSTRIAL - JUDICIAL HENNEPIN AT SIXTH . MINNEAPOLIS 3. MINNESOTA ESTABL1f14ED 1922 BUSINESS - TOPOGRAPHICAL � en�Y�g �ertlf�t�iSMETROPOLITAN LAND CITY LOTS - PLATTING `r SURVEYORS. ESTA®WSNED 1091 Duane Erickson Invoice 23881 739/69 a vv el L -.-jw4 I f 110 l - 1I � 1 I •`1� • h h � i I 1 Au 41) II ��IQ I I 30--� f! �• !i-pi7 ,- ' ° iJ''Jr3'e� /soh % S I hereby certify that this is a true and correct representation of a survey oft The South 1/2 of Lot 8, all of Lot 9 and North 15 feet, front and Rear, of Lot 10, Block 5, Florence Park Addition to Fridley including the East 1/2 of alley to be vacated, lying adjacent and to the rear of said Block; according to the map thereof on file and of record in the office of the Register of Deeds in and for Anoka County. As surveyed by me this 21st day of July, 19670 n T ,m