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VAR 08.77IJAX 69,71 City of Fridley AT THE TOP OF THE TWINS i L ------COMMUNITY DEVELOPMENT DIV. 1 PROTECTIVE INSPECTION SEC. t � � i "1 CITY HALL FRIDLEY55432 ---- `J 612.560-3450 SUBJtCf �� 3 APPLICATION TO BOARD OF APPEALS 14UMBER 910-F23 REV. 1 DATE 3/21/75 PAGE C,V 1 2 APPROVED BY 800 Nam Add res p Phone , C� ES Legal Lot No. IBlock Description No. Tra t or Adds Variance Request(s); including stated ha dships (attach plat or survey of property showing building, variances, etc., where applicable) p eca 66/�� CJ lot f�� 1s Date / �feeti Date i9-77 Fee -� Receipt Ido. 9z('6 Si lature Comments & Recommendations by the Board of. Appeals City Council Action and Date Mr. Mr. Irv! Mr. Mr. Mr. Roge Mr. Mr. Mr. Mr. Mr. Mr. Mr. City of Fridley ' AT THE TOP OF THE TWINS 411 SUBJECT APPLICATION TO BOARD OF APPEALS r ___ COMMUNITY DEVELOPMENT DIV. r PROTECTIVE INSPECTION SEC. i CITY HALL FRIDLEY 55432 612-560-3450 (Staff Report) NUMBER 910-F23 11 REV. 1 DATE 3/21/75 PAGE OF 2 2 APPROVED BY 800 Staff Comments Board members notified of meeting by S'- .5-' 7 7 List members, date notified, and "Yes" or "No" for plans to attend hearing. Plan Name Date To Attend ff Pearson making appeal and the following property owners having property within 200 feet notified; By Whom Name Date Phone or Mail Notified & Mrs. Leo Kukkonen-5$52 2 1/2 Street N.E. Terry G. Barrett- 1463 Windemere Drive N.E. ng Herman -733 Medical Arts Building, Mpls 55402 & Mrs. Byron Hill -5834 2 1/2 Street N.E. Roger Elf -5828 2 1/2 Street N.E. & Mrs. Robert Van Horn -5835 2nd Street N.E. !rs Properties -6512 50th Ave. N. Mpls 55428 & Mrs. Rueben Paulson -5875 2nd St. N.E. & Mrs. Eugene Hagberg -5881 2nd St. N.E. Otto Tauer-5866 2nd St. N.E. & Mrs. Donald Crooks -5910 2nd Street Floyd Bradley -5861 West Moore Lake Drive & Mrs. Richard Snyder -5901- 2nd Street N.E. Lloyd PaPointe-5909 2nd Street N.E. COMMISSION APPLICATION, - REVIEW. _ OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE APPEALS COMMISSION TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN that the Appeals Commission of the City of Fridley will meet in the Council Chamber of the City Hall at 6431 University Avenue Northeast on Tuesday, April 9, 1977 at 7:30 P.M. to consider the following matter: A request for a variance of Section 205.053, 4, B, 1; of the Fridley City Code, to reduce the minimum side yard requirement necessary on the living side of a dwelling from 10 feet to 4 feet, to allow an 8 ft. x 20 ft. addition to the bedrooms, on Lots 28 & 29, Block 23, Hyde Park (zoned R -3A), the same being 5875 2nd Street N.E., Fridley, Minnesota. (Request by Rueben Paulson, 5875 2nd Street N.E., Fridley, Minnesota 55421). Anyone who desires to be heard with reference to the above matter will be heard at this meeting. VIRGINIA SCHNABEL CHAIRWOMAN APPEALS COMMISSION Item l August 9, 1977 ADMINISTRATIVE STAFF REPORT "5875 2nd Street N.E. A: PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.053, 4, (B,1,) requiring a 10 foot side yard setback for lining areas in a R-1 zone. Public purpose served by this section of the Code 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. Also to allow for aesthetically pleasing open areas around residential structures. B. STATED HARDSHIP: Our harship is that we need larger bedrooms to accommodate retarded children in our house. This is the best area to add on to. If we maintain the 10 foot setback, we can only enlarge one bedroom. C. ADMINISTRATIVE STAFF REVIEW: The existing house has approximately 5 -feet of side yard setback, which makes it an existing non -conforming use. The adjacent apartment building is 32 feet from the lot line. The petitioner want to enlarge bedrooms to the rear. ol 1 Wd VI I i ' I I i I _ 8 Alda JNT1.33W i _ ---! - -- .. _CA A31018:1 --- -- - —_ 14/ i Zl f..i 4E I + _ i N o11� ov-d - - _. Q ,,,��� � i N o u•� dOb _ -� 3C0dQ -_ � (79�f h N/n 1-Y I OZ° 1 • 1 I-�• 1 I � i I ! '� i i � I { 4 air } 1 j i _ - I -- - - 9 , I it ' I !. _ _ _ CITY OF FRIDLEY APPEALS COMMISSION MEETING - AUGUST 92 1977 CALL TO ORDER: Chairwoman Schnabel called the August 9, 1977, Appeals Commission meeting to order at 7:36 P.M. ROLL CALL: Members Present: Plemel, Kemper, Schnabel, Gabel, Barna Members Absent.: None Others Present: Ron Holden, Building Inspector APPROVE APPEALS C014MISSION MINUTES: JULY 19. 1977 Mr. Barna indicated that the sixth paragraph on Page 4 should read, "Mr. Barna suggested that the City clean up the rubble on the bottom of Stoneybrook creek." Mr. Barna asked Mr. Holden to clarify the statement he had made in the tenth paragraph on page 5. Mr. Holden corrected the statement to read, "Mr. Holden indicated that four soil borings would be required". MOTION by Mr. Plemel, seconded by Mr. Barna, to approve the Appeals Commission Minutes of July 19, 1977, as amended. Upon a voice vote, all voting aye, the motion carried unanimously. 1. REQUEST FOR VARIANCE OF SECTION 205.053, 49 B, 19 OF THE FRIDLEY CITY CODE, TO REDUCE THE MINIMUM SIDE YARD REQUIREMENT NECESSARY ON THE LIVING SIDE OF A DIELLING FROM 10 FEET TO 4 FEET, TO ALLOW AN 8 FT BY 20 FT. ADDITION TO THE BEDROOMS, ON LOTS 28 & 29, BLOCK 23, HYDE PARK ADDITION (ZONED R -3A)9 THE SAME BEING 5875 2ND STREET (Request by -Rueben Paulson, 5875 2ND Street N. E., Fridley, Minnesota 55432). MOTION by Ms. Gabel, seconded by•Mr. Plemel, to open the Public Hearing. Upon a voice vote, all voting aye, the motion carried unanimously. The Public Hearing was opened at 7:41 P.M. APPEALS COMMISSION MEETING - AUGUST 9, 1977 Page 2 ADMINISTRATIVE STAFF REPORT A. PUBLIC PURPOSE SERVED BY RELUIREMENT: Section 205.053, 4, (B, 1) requiring a 10 foot side yard setback for living areas in an R-1 Zone. Public purpose served by this section of the Code is to maintain a minimum of 20 feet between living areas in adjacent structures and 15 feet between garages and living areas in adjacent structures to reduce exposure to conflagration of fire. Also to allow for aesthetically pleasing.open areas around residential structures. B. STATED HARDSHIP: Our hardship is that we need larger bedrooms to accommodate retarded children in our house. This is the best area to add on to. If we maintain the 10 foot setback, we can only enlarge one bedroom. C. ADMINISTRATIVE STAFF REVIEV: The existing house.has approximately 5 feet of side yard setback, which makes it an existing non -conforming use. The adjacent apartment building is 32 feet from the lot line. The petitioner wants to enlarge bedrooms to the rear. Mr. & Mrs. Rueben Paulson explained to the Appeals Commission what they planned to do„ Mr. Paulson said that the addition would be to the rear of the existing house. He said that it would not go over the property lines. Mr. Barna asked if the proposed addition would be a continuation of the present side of the house. Mr. Paulson said that the addition would only make the house wider. Mr. Holden explained that the reason the variance had indicated an 8 by 20 addition was at the time of the request they weren't exactly sure of the dimensions of the addition. He explained that the addition would actually be 6 ft x 36 ft. Mr. Plemel asked if the addition would be any closer to the lot line. Mr. Paulson said that it would not be any closer to the lot line. APPEALS COMMISSION MEETING - AUGUST 23 1977 Page Chairwoman Schnabel asked why the Paulson's had decided on the six foot figure. Mr. Paulson said that the six feet would be added onto the side of the house that contained the bedrooms. He said -that two bedrooms would be enlarged. He said that the third bedroom would result in an extra long bedroom, that they planned to split into two bedrooms, thereby creating four bedrooms in their house. Ms. Gabel asked if there would be any support beam problems. Mr. Paulson said that because the house had been added onto a number of times, that actually the walls were very strong. Mr. Plemel asked if Mr. Paulson would finish the whole house in siding. It was explained, and shoim by a picture, that part of the house was stucco and part was siding. Mr. Paulson said that he would put the same siding on the entire house. Chairwoman Schnabel asked if the Paulson's had applied for the.same type of construction in 1975. Mrs. Paulson said that they had applied for a variance to add on to the front portion of the house. The Appeals Commission asked several questions regarding the plans they had before them. Mr. & Mrs. Paulson answered the questions satisfactorily. Chairwoman Schnabel asked why the alley behind the Paulson's house was not maintained. Mr. Holden explained that the city maintained blacktop alleys, . That particular alley was not blacktopped. Chairwoman Schnabel asked when the�City determined whether or not to blacktop an,alley. Mr. Holden said that the people would have to petition. Chairwoman Schnabel asked Air. Paulson when he planned to start construction. Mr. Paulson indicated that he wanted to start the construction as soon as possible. He said that possibly the first part of September. Mr. Plemel asked if Mr. Paulson would do the work himself. Mr. Paulson said that he would do the work himself. APPEALS C0124ISSION MEETING - AUGUST 9, 1977 Page 4 Chairwoman Schnabel indicated that one of the problems would be that it would have to go to City Council because it was an R-3 Zoned lot. Mr. Holden said that Mr. Sobiech and Air. Clark had determined that since the lot was an R-1 use and was not an R-3, it should be treated as an R-1 lot. He said it would be up to the Commission as to what they wanted to do. Mr. Barna felt that as long as Staff had determined that it could be handled by the Appeals Commission, he said that the Commission should act upon the request. Chairwoman Schnabel said that the Appeals Commission would handle the request as an R-1 zoned lot. Chairwoman Schnabel indicated that if the Commission granted approval of the variance they would "grandfather" in the existing non -conforming use because the house had been built before the setbacks were established by the Zoning Ordinance. Chairwoman Schnabel said that the apartment building was almost 32 feet plus Mr. Paulson's 5 feet, made 37feet which would be ample distance between the structures. Chairwoman Schnabel said that the basic concern in maintaining setbacks was to allow room for emergency equipment. Mr. Paulson said that with the first addition he had put. on the house he had improved the appearance of the house. He said that with the addition of the proposed, the appearance of the house would be improved even more. MOTION by Mr. Barna, seconded by Ms. Gabel, to close the Public Hearing. Upon a voice vote, all voting aye, the 'motion carried unanimously. The Public Hearing was closed at 7:58 P.M. Ms. Gabel said that she was in favor of anyone making any improvements in Hyde Park. She thought the request was reasonable, would upgrade the property as well as the area, and that there would still be 37 feet between structures. ` -APPEALS COMMISSION MEETING - AUGUST 2. 1977 Page 5 MOTION by Ms. Gabel, seconded by Mr. Barna, that the Appeals Commission approve the request for a variance of section 205.053, 4, B, 1, of the Fridley City Code, to reduce the minimum side yard requirement necessary on the living side of a dwelling from 10 feet to 4 feet, to allow a 6 ft x 36 ft addition to the bedrooms, on Lots 28 & 29, Block 239'Hyde Park (zoned R -3A), the same being 5875 2nd Street N.E., Fridley, Minnesota; and to "grandfather" in the existing non- conforming structure; and that the particular lot-in:question . be handled as an R-1 zoned lot since it had been interrupted by Staff that the existing structure was a Single :Family Dwelling thereby making the structure R-1 and'should be governed by the existing codes for an R-1 lot. Mr. Holden explained that in the Zoning Code under Section 205.0732 19 11R-3 Districts"; and Section 205.063,. the second paragraph of the Introduction, indicated that R-1 lots located in those districts would be handled as R-1 lots in regards to lot areas. It was determined by Staff that it would also apply to the provisions and requirements of the lots, UPON A VOICE VOTE, all voting aye, the motion carried unanimously. Chairwoman Schnabel said that the Paulson's were free to apply for their Building Permit. 2. REQUEST FOR A VARIANCE OF SECTION 205.053, 4,o A, FRIDLEY CITY CODE, TO REDUCE THE FRONT YARD SETBACK FROM THE REQUIRED 35 FEET TO 29 FEET, TO ALLOW THE CONSTRUCTION OF A DWELLING AND GARAGE, LOCATED ON LOT 29 BLOCK 11 HEATHER HILLS THIRD ADDITION, THE SAME BEING 1491 RICE CREEK DRIVE, FRIDLEY, MINNESOTA. (Request by Commercial Erectors, Inc., 5298 Fillmore Street N.E., Fridley, Minnesota 55421). MOTION by Mr. Kemper, seconded by Ms. Gabel, to open the Public `Hearing. Upon a voice vote, all voting aye, the motion carried unanimously. The Public Hearing was opened at 8:05 P.M. Mr. Mike E. O'Bannon was present at the meeting. a APPEALS COMMISSION MEETING - AUGUST 9, 1977 Page 6 ADMINISTRATIVE STAFF REPORT A `� PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.0539 4t A. requiring a front yard setback of 35 feet. Public purpose served is to allow for off-street parking without encroaching on the public right of way. Also for aesthetic consideration to reduce the "building line of sight" encroachment into the neighbor's front yard. B. STATED HARDSHIP: We are requesting a 6 foot front yard variance to allow this house to line up tiTJi.th the side of the adjacent corner house. C. ADMINISTRATIVE- STAFF REVIh7J: A verifying survey of the adjacent house shows it is set back 25 feet from the property line. This is the only interior lot on this short block and the road curves to the South. It is conceivable that the corner house on the west (when developed),could be set 12 to 15 feet ahead of the house in question, if "house lines" only were considered. Please note that a reversed house plan would bring the house much closer to the street. Mr. O'Bannon explained to the Appeals Commission that when he had originally layed-out the house he had set the house back 35 feet. He said when he went out to stake the house he noticed that the house would be 3 feet behind the house on Lot 1. He felt that the general appearance of the area and good construction would encourage the plan to have the houses somewhat in line. He said that by bringing the house up eight feet, the house would be in line with the house to the east. He said that the situation of the house on the lot was also the best tray to have the house. He said that only a small part of the .planned garage would be out of Code. Mr. O'Bannon said that the proposed house would be a Colonial, stucco house. He also indicated that the house was to be completed by October. He explained that he could have built the house iri.thout a variance, but he felt that it wouldn't have looked right. Item 1 August 9, 1977 ADMINISTRATIVE STAFF REPORT 5875 2nd Street N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.053, 4, (B,1,) requiring a 10 foot side yard setback for lining areas in a R-1 zone. Public purpose served by this section of the Code 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. Also to allow for aesthetically pleasing open areas around residential structures. B. STATED HARDSHIP: Our harship is that we need larger bedrooms to accommodate retarded children in our house. This is the best area to add on to. If we maintain the 10 foot setback, we can only enlarge one bedroom. C. ADMINISTRATIVE STAFF REVIEW: The existing house has approximately 5 feet of side yard setback, which makes it an existing non -conforming use. The adjacent apartment building is 32 feet from the lot line. The petitioner want to enlarge bedrooms to the rear. r 97s ao' G�x,20i - -- - - .Z 101 N C7 4e6t3,01 4010 in o A -P®s F, D a2®� J j� 3 7 ` v i7 RIDLEY T, 8� ,� � Fgc)Agp OF APPEALS EXHIBIT No-t.L -- MEETING DATI--4ZI��) A PP L