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VAR 87-30STATE OF MINNESOTA COUNTY OF ANOKA CITY OF FRIDLEY In the Matter of a variance, VAR #87-30 95548 APPEALS COMMISSION PROCEEDINGS VARIANCE 11 Isabelle Jordal , Owner The above entitled matter came before the Appeals Commission of the Citofof Fridley and was heard on the 1st day of September , 19 , on a petition for a variance pursuant to the City of Fridleyls Zoning Ordinance, for the following described property: Reduce the front yard setback from 35 feet to 25 feet to allow the construction of a three -season porch on top of the existing garage on Lot 2, Block 3, Moore Lake Hills Addition, the sane being 6133 Woody Lane N.E. IT IS ORDERED that a variance be granted as upon the following conditions or reasons: See Appeals Commission minutes of September 1, 1987. 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 Frid ey, Minnesota, in th County of Anoka on the e�°7 day of bj 19 DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 A-4 l - - " "/j, , �o SHIRLEY A. WAAPALA9 CATY CLERK Variances are valid for a period of one year following approval and.shal l..be,- considered void if not used within that period. 1 (SEAL) 1 J,. APPEALS COMMISSION MEETING. SEPTEMBER 1. 1987 MOTION BY MR. BARNA, SECONDED BY MR. SHEREK, TO APPROVE A V CE FROM 5 FT. TO 4.6 FT. FOR THE EXISTING GARAGE UNDER VAR #87 - PAGE 5 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPE I�BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION BY MR. BARNA, SECOND Y MR. SHEREK, TO SEND VAR #87-29 DIRECTLY TO CITY COUNCIL, BYPAS G THE PLANNING COMMISSION, IN ORDER FOR THE CITY COUNCIL TO HEAR ITEM ON SEPTEMBER 14, 1987. UPON ICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE NOTION IED UNANIMOUSLY. 2. CONSIDERATION OF A VARIANCE REQUEST, VAR #87-30, BY ISABELLE JORDAL, PURSUANT TO CHAPTER 205.07.03, D 1, OF THE FRIDLEY CITY CODE TO U'DUCE THE FRONT ARD SETBACKFROME HEC S C N F A THREE SEASON PORCH ON TOP OF THE EXISTING GAR GE ON LOT 2, BLOCK 3, MUURE L KE.HILLS ADDITION, THE SAME BEING 6133 WOODY LANE N.E., FRIDLEY, MINNESOTA, MOTION BY DR. VOS, SECONDED BY MR. BARNA, TO OPEN THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE PUBLIC HEARING OPEN AT 8:02 P.M. Chairperson Betzold read the Administrative Staff Report: ADMINISTRATIVE STAFF REPORT 6133 WOODY LANE N.E. VOR #87-30 A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.07.03, D, 1, requires a minimum front yard depth of 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" encroach- ment into the neighbor's front yard. B. STATED HARDSHIP: "The original building has a flat roof which was intended for a porch that was never built. We need the porch now as a permanent solution to the leaking roof which will rot out the garage ceiling joists if it is not fixed." C. AINtINISTRATIVE STAFF REVIEW: The home was built in 1953 prior to City zoning setback restrictions. APPEALS COMMISSION MEETING, SEPTEMBER 1, 1987 PAGE 6 At the basement level of the original home, there is an attached garage with a flat roof. The petitioner would like now to build a porch on top of the garage at the same setbacks established when the original garage was built. Since there is an eighteen foot boulevard on Woody Lane; the structure is 43 feet back from the curb. If the variance is approved, the staff has no stipulations to suggest. Mr. Clark stated he had given the Commissioners a picture of the existing garage on which the new porch would be built. There was also a letter from the adjoining neighbor to the east, Lois and Loren Adolphson, stating they did not object to Ms. Jordal's request. Ms. Jordal stated the garage roof was leaking badly and she needed to do something soon. She stated the porch would be a three -season porch. She stated she was also handicapped and she wanted some place where she could go to get fresh air and enjoy the outdoors without having to use any stairs. Mr. Betzold read -the letter from the Adolphson's which stated they felt the setback should be approved in order to allow Ms. Jordal to construct a three -season porch. They stated the garage roof was presently flat which was unattractive. They felt the porch would enhance the property and the neighborhood. They stated Ms. Jordal was also somewhat handicapped and the porch would certainly add to her enjoyment of the outdoors. MOTION BY MR. BARNA, SECONDED BY MR. SHEREK, TO RECEIVE THE LETTER FROM LOIS AND LOREN ADOLPHSON. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION BY MR. SHEREK, SECONDED BY MR. BARNA, TO CLOSE THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE PUBLIC HEARING CLOSED AT 8:25 P.M. Dr. Vos stated he felt the hardship was sufficient, and he would be in favor of granting the variance. Mr. Barna stated he agreed. There would be no change in the physical wall lines, just a three -season porch would be constructed on top of the existing garage. If anything, it would improve the property, and the hardship was a valid hardship. Mr. Sherek stated he agreed with Dr. Vos and Mr. Barna. Mr. Betzold also agreed. APPEALS C011MISSION MEETING, SEPTEMBER 1, 1987 PAGE 7 0 MOTION BY DR. VOS, SECONDED BY MR. SHEREK, TO APPROVE VARIANCE REQUEST, VAR X187-30, BY ISABELLE JORDAL, PURSUANT TO CHAPTER 205.07.03, D, 1, OF THE FRIDLEY CITY CODE TO REDUCE THE FRONT YARD SETBACK FROM 35 FEET TO 25 FEET TO ALLOW THE CONSTRUCTION OF A THREE -SEASON PORCH ON TOP OF THE EXISTING GARAGE ON LOT 2, BLOCK 3, MOORE LAKE HILLS ADDITION, THF SAME BEING 6133 WOODY LANE N.E., FRIDLEY, MINNESOTA, 55432. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. CONSIDERATION OF A VARIANCE REQUEST, VAR #87-32, BY DAVID HARRIS, PURSUMT TD CHAPTER 205.18.03, D, 2, OF THE FRIDLEY CITY CODE TO DECREASE THE REQUIRED SIDE YARD SETBACK. FROM 20 FEET TO 5 FEET TO ALLOW THEE CL URE OF fJEXISTING-LOADING I ,THE 1E BEI14G O COM14ERCE k E S .E., FRIULEY, MINNESOTA, >5432. MOTION BY MR. BARNA, SECONDED BY DR. VOS, TO OPEN THE PUBL;r HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLDECLARED THE PUBLIC NEARING OPEN AT 8:18 P.M. Chairperson Betzold read the Administrative StafyReport: ADMINISTRATIVE STAFF 250 COMMERCE CIRCLE VAR #87-32 , A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.18.03/dustrilal res a side yard setback of not less than 20 feet. Public purpose serequirement is to provide adequate open space areas arounstructures for aesthetic and fire fighting purposes B. STATED HARDSHV: "It is difficult if not impossible to secure a tenant of the caliber of Swi-Eckrich without providing this space.' C. ADPyVNISTRATIVE STAFF REVIEW: At the present time this is an open loading dock. The petitioner would like to enclose it. Planning Department staff has no objection to this proposal, as long as it is stipulated that the variance would be only for this small enclosure and not the entire length of the building. The new west wall must be fire -rated and the petitioner must screen any outside refuse containers. " 19 5548 -ed Ch(Jked MC3, n L. -Iedex OFFIM OF COUIM AMORM STATE OF MINME NTA, MUM OF AMOKA I hereby certify that tho vdtNri instru- mwt was filed in b,,;cfTi%,- for record on the FEB 11998 O'dock M., and i ditily recorded By 6 ;7 7 City of Fridley 6431 University Ave NE. Fridley, MN 55432 Community Development Dept. APPEALS COMMISSION ACTION TAKEN NOTICE On Tuesday, September 3, 1987, the Fridley Appeals Commission off icially approved your request for a variance, VAR #87-30, by Isabelle J ordal, pursuant to Chapter 205.07.03, D, 1, of the Fridley City Code, to reduce the front yard setback from 35 feet to 25 feet to allow the construction of a three season porch on top of the existing garage on Lot 2, Block 3, Moore Lake Hills Addition, the same being 6133 Woody Lane N.E., Fridley, Minnesota, 55432, with the following stipulations: If the work has not commenced within one (1) year after granting this variance then the variance shall become null and void. If you have any questions regarding the above action, please call the Planning Department at 571-3450. Sincerely, Darrel Clark Chief Building Official Please review the noted stipulations, sign the statement below, and return one copy to the City of Fridley Planning Department by September 14, 1987. I, , concur with the action taken. e + a y i COMMISSION APPLICATION REVIEW Department Number File Date Meeting Date 1 1 E7 1 1/0/197 CITYOF pianh` �® FRIDLLY File Address/Description VitR * 97-30 COMPLETE REVIEW CHECKLIST ®ody - 3y;RETURN RETURN TO PLANNING F1o�,¢ r�d se�� �rorn 1 . w_r+Vi■ COMMENTS --D 1 E JIM ®DEBBIE PJOHN° ----DEBBIE --- RREL --- DEBBIE DCLYDE DEBBIE DMARK DEBBIE' EON DEBBIE- CITY 01F FRI.DLEY-- X6431 UNIVERSITY AVE iN.E. FRIDLEY, MN 55432 (612) 571-3450 PROPERTY INFORMATION PROPERTY ADDRESS LEGAL DESCRIPTION: OEM VARIANCE REQUEST VARIANCE VARIANCE SCHEDULED K FORM ECEIPT # (0-0 NG DATE LOT _ BLOCK TRACT/ADDITION PRESENT ZONING VARIANCE REQUEST(S): Attach a plat or survey of the property showing building, variance(s), where applicable. �GQ d u e e !> it PpA/it C e • -o v _ Seal sus _ �.� i� G_ �1 _ U' �t 6i I^ rj A S f�7 sa U T 0 14 All- @4 4 i 1 FCCOAW y 0 IF m& 3-T ZS1 Section of the Code: List specific hardship(s)Iwhich require the variances) FEE OWNER L911,11- INFORMATION NAME (please print)lAAAAl1�. Q PHONE ADDRESS SIGNATURE Note to %nkFacjj 6FANmi hmhINW,11MAAFAR#ifo# PETITIONER INFORMATION NAME (please print) PHONE ADDRESS SIGNATURE DATE APPEALS COMMISSION: APPROVED DENIED DATE CITY COUNCIL: APPROVED DENIED DATE STIPULATIONS: 43 CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE (612) 571-3450 NUTICE 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, September 1, 1987, in regard to the following matter: Consideration of a variance request, VAR #87-30, by Isabelle Jordal, pursuant to Chapter 205.07.03, D, 1, of the Fridley City Code, to reduce the front yard setback f ram 35 feet to 25 feet to allow the construction of a three season porch on top of the existing garage on Lot 2, Block 3, Moore Lake Hills Addition, the same being 6133 Woody Lane N.E., Fridley, Minnesota, 55432. Mice 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 BETZCLD CHAIRMAN APPEALS CDMMISSION 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. VAR #87-30 6133 Woody Lane, Garry Pierce Star Route 9 , Box 152 Bismark, ND 58501 Scott Kohanke 6116 Central Avenue Fridley, MN 55432 Max Saliterman 25 University S -V Mpls, MN 55414 Jeffrey Saarela 6020 Stinson Blvd, Fridley, MN 55432 ]ase Totino 6172 Heather Circle Fridley, MN 55432 Ronald Gazda 6177 Heather Circle Fridley, MN 55432 Virgil Brenny 6187 Heather Circle Fridley, MN 55432 Jeanne Mehlhoff 6170 Heather Place Fridley, MN 55432 Bonnie Fater 6096 Woody Lane Fridley, MN 55432 Appe.Als 8/19/87 Clinton Strand 6122 Woody Lane Fridley, MN 55432 Clair Liabraaten 6128 Woody Lane Fridley, MN 55432 Frank Demello 6134 Woody Lane Fridley, MN 55432 Isabelle Jordal 6133 Woody Lane Fridley, MN 55432 Loren Adolphson 6131 Woody Lane Fridley, MN 55432 Walter Rydberg 6127 Woody Lane Fridley, MN 55432 William Gagner 6125 Woody Lane Fridley, MN 55432 Wayne Welch 6115 Woody Lane Fridley, MN 55432 Margaret Nelson 6090 Woody Lane Fridley, MN 55432 Item #2., September 1, 1987 . , W 1 60r4VtJ :90 414 0 D 6133 WOODY LANE N.E. VAR #97-30 �►. �► • �• ��� a► • �• r i� Section 205.07.03, D, 1, requires a minimum front yard depth of 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 original building has a flat roof which was intended for a porch that was never built. We need the porch now as a permanent solution to the leaking roof which will rot out the garage ceiling joists if it is not fixed." C. AU►'lINISTEMM STAFF REVIMa The home was built in 1953 prior to City zoning setback restrictions. At the basement level of the original hone there is an attached garage with a flat roof. The petitioner would like now to build a porch on top of the garage, at the same setbacks established when the original garage was. built. Since there is an eighteen foot boulevard on Woody Dane, the structure is 43 feet back from the curb. If the variance is approved, the staff has no stipulations to suggest. �� � �•� �� ; ?;, �` . %�O/OHO/ ��'/t/Orll.�v � o � I ' pp cgs ¢Q R$Bp. 1 �%) 0 dA4 Zo f�6 mrk or se } 1 �4H T E. ..... ��.� �.L TB 1 „ ;Lt ...:• �1 � ',1 i9�¢f„m64 lb t 89''®'" � ® � � �' iaPi ♦ 1 � 0 1 a C'S)ttsA� iV 2 ,a'c.8a �79) a ezaasti!! 6 a1sc�°caf t-Nf".88s�1 167 O <a ®flY A' GityoffJvdy u Qe�'� /�/ ^ ®jp1 = 43� 6),�� gry?o 1 1 y � ita7' 14 iLI O d0 i -- - - /G. 95' 44. !l,7?3. e'+G' L9r+f'sry C.7.p9ti•KfiOn'!'C. /', i �y i Y It: / •6 F� tt� All RN _177 hNY i<+���I 4 �,i k ♦vp a Mjy �- i 14 , YT ��f rj � + �.. .y ' pi 1 �.}�. ..49 ,�' �.h� d '- �- � •"' � •°9?a g't �'iA� ,y m. (}4,�+ 1 i,,. a °a:�f� a .�i .::.' �•� V gtl�i,r ;j`' w •� .� -r- � � a���,, qq �--N S...d�:�' •r4 r -.k ��, 'G "<�, � i.y M �' t �g �., , r:."�' e�'y �, gi•,,yy �i�. , : �i'+ �, ice ® oY3.-c. ::1 t.&:" y ,} ��".• a4 p. .. f,. II[q :<.' .. ^a�t�!s'R` .�f lam" w', ?S:! Zf4c 1y7 vs CREST J Ie �i� gr 6c hl i 1 'ADELE + q C•77 FP inn -- MR LOO'CATION MA wu uu irti■ ■u y Man ..�'a-. •--........, some aaaams ClrrrGrrrrr r M7.11O N 1a�la y� y "C"'A, ,;'.fl I ,' ,. :.,7♦. ♦`•♦♦.�Y �xa♦.♦♦.♦a.. aha ►��•... 1 +y G . 6 ♦ �a�aaaaa�aaa�a�aa�� ' ,,:�:�:aa Y , 04 r� 4 r �1 � Y r u •. �, � :fit J �: � a !l a 1 e se ,n �.p,yM1e,x s� cwTN^�tiM4*%nv h%sa'N+<rw+*�u9r-°* Me, o e u §one} PIK Ago Alk Sao& Al in, Mr m,� ROOF s� EXTERIOR `✓-`��tiL.t( Y CONCRETE KITCHEN I C=" «•�re DINING INTERIOR ROOF O.H. DOORS �- 9 LIVING -- ELECTRICITY ' BEDROOMS ` DEN -STUDY BREEZEWAY YARD IMPROVEMENTS ! F iU- x UTILITY YEAR BUILT CLASS DRIVEWAY PAR RTIAL % RECREATION FOUNDATION FLOOR /OQ •T /z NONE -SLAB *'I 4 EXTERIOR MON-CRAWL SPACE ROOF IS.t INTERIOR WALLS -Tl7YC DRYWALL -PLASTER DIMENSIONS PANEL WALKOUT FLOOR ego X = a /�• X = X = FLOOR X _ a al L MILLWORK X r �T, ! JNRY WINDOWS 3 X 3 X --"'j BATHS -NO. X _ • w LNG BATHROOM TILE X = X SHAKES FIREPLACE C:) X = X _ X COMPOSITION X = X X = STUCCO NO. P2 9 19 19 19 X _ X CONCRETE BLOCKHOT-AIR PIPElE55 BUILT INS d� L I ) � .. ' " A-op'. rSTOE -t- , I i J t 4..,DISHWASHER G 2, TILE PIPED GRAVIT7 RANGE-0VEN D BRICK VENEER FORCED AIHOOD-FANR r WALL FURNACE ' INSULATION FLOOR FURNACE GARBAGE DISP. L ' HOT WATER RADIANT CONCEALED FIREPLACES p Sao cQ0 ELECTRIC 3 • FIXTURE BATH r { L 2 • FIXTURE BATH AIR CONDITIONED CERAMIC TILE • • VANITY GABLE X FUtI G Oil - j -E L I- HIP WOOD •COAL CARPET - YARDS SHINGLE4. INTERCOM , ROLL COMPOSITNON INSULATION AIR CONDITIONER DORMER LENGTH -. DORMER LENGTH WALKOUT � / P X /�7 7 R APPEALS COMM7jSION MEETING, SEPTEMBER 1, 1987 PAGE 5 BY MR. BARNA, SECONDED BY MR. SHEREK, TO APPROVE A VARIANCE FROM 5 FT. T FT. FOR THE EXISTING GARAGE UNDER VAR #87-29. UPON A VOICE VOTE, ALL G AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION BY MR. BARNA, SECONDED BY MR. SHEREK, ^ NNDD_VAR #87-29 DIRECTLY TO CITY COUNCIL, BYPASSING THE PLANNING COMMISSION, Ii ER FOR THE CITY COUNCIL TO HEAR THIS ITEM ON SEPTEMBER 14, 1987. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. CONSIDERATION OF A VARIANCE REQUEST, VAR #87-30, BY ISABELLE JORDAL, OF A THREE SEASON PORCH ON TOP OF THE EXISTING GARAGE ON LOT 2, BLOCK 3, V14nnL_avin, JJTJL. MOTION BY DR. VOS, SECONDED BY MR. BARNA, TO OPEN THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE PUBLIC HEARING OPEN AT 8:02 P.M. Chairperson Betzold read the Administrative Staff Report: ADMINISTRATIVE STAFF REPORT 6..1:33 .WOODY LANE N. E. .VAR -#87-30 A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.07.03, D, 1, requires a minimum front yard depth of 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" encroach- ment into the neighbor's front yard. B. STATED HARDSHIP: "The original building has a flat roof which was intended for a porch that was never built. We need the porch now as a permanent solution to the leaking roof which will rot out the garage ceiling joists if it is not fixed." C. ADMINISTRATIVE STAFF REVIEW: The home was built in 1953 prior to City zoning setback restrictions. APPEALS COMMISSION MEETING, SEPTEMBER 1, 1987 PAGE 6 At the basement level of the original home, there.is an attached garage with a flat roof, The petitioner would like now to build a porch on top of the garage at the same setbacks established when the original garage was built. Since there is an eighteen foot boulevard on Woody lane, the structure is 43 feet back from the curb. If the variance is approved, the staff has no stipulations to suggest. Mr. Clark stated he had given the Commissioners a picture of the existing garage on which the new porch would be built. There was also a letter from the adjoining neighbor to the east, Lois and Loren Adolphson, stating they did not object to Ms. Jordal's request. Ms. Jordal stated the garage roof was leaking badly and she needed to do something soon. She stated the porch would be a three -season porch. She stated she was also handicapped and she wanted some place where she could go to get fresh air and enjoy the outdoors without having to use any stairs. Mr. Betzold reed -the letter from the Adolphson's which stated they felt the setback should be approved in order to allow Ms. Jordal to construct a three -season porch. They stated the garage roof was presently flat which was unattractive. They felt the porch would enhance the property and the neighborhood. They stated Ms. Jordal was also somewhat handicapped and the porch would certainly add to her enjoyment of the outdoors. MOTION BY MR. BARNA, SECONDED BY MR. SHEREK, TO RECEIVE THE LETTER FROM LOIS AND LOREN ADOLPHSON. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION BY MR. SHEREK, SECONDED BY MR. BARNA, TO CLOSE THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE PUBLIC HEARING CLOSED AT 8:15 P.M. Dr. Vos stated he felt the hardship was sufficient, and he would be in favor of granting the variance. Mr. Barna stated he agreed. There would be no change in the physical wall lines, just a three -season porch .would be constructed on top of the existing garage. If anything, it would improve the property, and the hardship was a valid hardship. Mr. Sherek stated he agreed with Dr. Vos and Mr. Barna. Mr. Betzold also agreed. W C APPEALS COMMISSION MEETING, SEPTEMBER 1, 1987 PAGE 7 MOTION BY DR. VOS, SECONDED BY MR. SHEREK, TO APPROVE VARIANCE REQUEST, VAR #87-30, BY ISABELLE JORDAL, PURSUANT TO CHAPTER 205.07.03, D, 1, OF THE FRIDLEY CITY CODE TO REDUCE THE FRONT YARD SETBACK FROM 35 FEET TO 25 FEET TO ALLOW THE CONSTRUCTION OF A THREE -SEASON PORCH ON TOP OF THE EXISTING GARAGE ON LOT 2, BLOCK 3, MOORE LAKEHILLSADDITION, THE SAME BEING 6133 WOODY LANE N.E., FRIDLEY, MINNESOTA, 55432. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. CONSIDERATION OF A VARIANCE REQUEST, VAR #87-32 BY DAVID HARRIS, PURSUANT TO CHAPTER 205.18.03, D, 2, OF THE FRIDLEY CITY CODE TO DECREASE THE REOUIRED SIDE YARD SETBACK FROM 20 FEET TO 5 FEET TO ALLOW THE ENCLOSURE MOTION BY MR. BARNA, SECONDED BY DR. VOS, TO OPEN THE PUBLIC,01EARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DF`LARED THE PUBLIC HEARING OPEN AT 8:18 P.M. Z Chairperson Betzold read the Administrative Staff "port: ADMINISTRATIVE STAFF REPO 250 COMMERCE CIRCLE SOUT VAR #87-32 z A. PUBLIC PURPOSE SERVED BY REQUIREMEOT: Section 205.18.03, D/trial s a side yard setback of not less than 20 feet. Public purpose servequirement is to provide adequate open space areas around iructures for aesthetic and fire fighting purposes. B. STATED HARDSHIP: "It is diffi It if not impossible to secure a tenant of the caliber of Swift-ESXrich without providing this space'.' C. ADMINISTRATIVE STAFF REVIEW: V he present time this is an open loading dock. The petitioner would to enclose it. Planning Department staff has no objection to this proposal, as long as it is stipulated that the variance would be only for this small enclosure and not the entire length of the building. The new west wall must be fire -rated and the petitioner must screen any outside refuse containers. APPEALS COMMISSION MEETING, SEPTEMBER 1, 1987 PAGE 8 Mr. Clark stated it was his understanding that if the loading dock was a owed to b enclosed, that architecturally it was going to blend in with the bui I d Au. Mr. Clark tated he had received a letter that day from the build' g owner to the west\eas Machine Tool Supply Co., stating he had no jection to the variequested by Mr. Harris. Mr. Harris e new tenant, Beatrice Foods, feels it ould be impossible for them tothe building space if they cannot ha an enclosed loading dock, so itconomic fact from that standpoint. Mr. Harris stated the Vrdship for this particular `t was created after the fact. The original plawas approved by the City,'ouncil and Planning Commission with no road there. Abou two days before he w to appear before the City Council for final approvalf the plat, the Ci " decided to put a road through there and needed an addition 25 ft. Becau," of that, it changed the orienta- tion of the lot, so the hardsh' was really created by the City in asking for the additional 25 ft. Ir, in f t, he ha known about the road in the beginning and the City had comet him ''itially, he would probably have narrowed up the other lots along t r to make the road possible. Mr. Harris stated he oriented the ui ing because of the way the road came through there, so the building h fro , n ge view both on the east and the , south and somewhat on the port The bac of the building which would face west was really not orientate 'to the p but was orientated to the build- tng "x t to it, Midwest Mac ne Tool Supply The Midwest Machine Tool Supply building was /setbD k to the west so th re was parking lot between the back of his buildinghe front of Midwest M hine Tool Supply building. As far as getting acor fire and any other a uipment, there was plenty of room. Mr. Betzold readthe letter from John Demos, Presiden of Midwest Machine Tool Supply Co. who stated he was in concurrence with a request by Mr. Harris for a covered/dock area. MOTION BY R. BARNA, SECONDED BY DR. VOS, TO RECEIVE THE LET R FROM MIDWEST MACHINE OOL SUPPLY CO. UPON',A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLAREDMOTION CAR9XED UNANIMOUSLY. BY MR. BARNA, SECONDED BY DR. VOS, TO CLOSE THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE PUB HEARING CLOSED AT 8:30 P.M. Dr. Vos stated he had no objection to the variance as requested.