Loading...
VAR 88-14CITY OF FRIDLEY 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 p (612) 571-3450 PROPERTY INFORMATION PROPERTY ADDRESS VARIANCE REQUEST FORM VARIANCE # �� VARIANCE FEE RECEIPT # SCHEDULED APPEALS MEETING DATE P0s7—A)oF- 'LEGAL DESCRIPTION: Q,�� A) i CX LOT 3 778Ka S ¢ � TRACT/ADDITION /1JCx)e— f PRESENT ZONING CP`-yiece-1 A&7ion) �CtoS+ �//4CA�c'/'' �S-7/z roue - VARIANCE REQUEST(S): Attach a plat or survey of the property showing building, variance(s), where applicable. n C�A(i Qr %aa N• -ru and 4' Section of the Code: rt::P List specific hardship(s) which require the variance(s): � �I®' mole 6 "q c2 Co �t L -f4 1M t,)3 ► Ar. Lo�o� �F _%c� FEE OWNER INFORMATION NAME (please ADDRESS print) Sel�-)LJ _ -& ,S7) D� PHONE J�7� " /®/ Z 71,1(0 3,eo s f A-" r- SIGNATURE Note to DATE PETITIONER INFORMATION NAME (please print) EeKIF5 0"-k'A-) )SERCTS7 "- PHONE ADDRESS SIGNATURE 3 e-0 S / A.). � 5'71—/viz DATE ################################################################################## APPEALS COMMISSION: APPROVED DENIED DATE CITY COUNCIL: APPROVED DENIED DATE STIPULATIONS: 44 - VARIANCES A. Appeals Commission. Zhe City Council created an Appeals Calf fission to serve as the board of appeals and adjustment, and to exercise all the authority and perform all functions of said board pursuant to Minnesota Statute Sections 462.351 to 462.364 and operate according to the Fridley City Code. B. Petition By Owner. (1) Appeals from Decisions on Code Enforcement: At any time within thirty (30) days, any property owner who feels aggrieved by an alleged error in any order, requirement, decision or determination made by an administrative officer in the enforcement of this Chapter which affects the owner's property, may appeal to the Appeals Commission by filing a written appeal with the City. The appeal shall fully state the order appealed from, the facts of the matter and the mailing address of the owner. (2) Request for Variances from Zoning Chapter Provisions: A property owner may appeal the strict application of the provisions of this Chapter where there are practical difficulties or particular hardships preventing the strict application of the regulations of this Chapter. An application for a variance shall be filed with the City and shall state the exceptional conditions and the peculiar and practical difficulties claimed as a basis for a variance. C. Recommendations By Appeals Commission. Within thirty (30) days after filing an appeal from an administrative order or determination, or request for variance from City Code provisions the Appeals Commission shall hold a public hearing thereon and shall hear such persons as want to be heard. Notice of such hearing shall be mailed not less than ten (10) days before the date of hearing to the person or persons who file the appeals, and to all adjacent property owners within a 200 foot distance of the requested variance location. Within a reasonable time, after the hearing, the Appeals Commission shall make its recommendations or approvals subject to conditions of the Fridley City Code and forward a copy of such recommendation or approval to the City Council through the Planning Corvuission. D. Variances In R-1 Zoning. (1) In areas zoned 1-1 (One Farr,ily Dwelling District), the Appeals ccmdssion has the authority to grant final approval of variances when all of the following conditions are met: (a) There is unanimous agreement of the Appeals Conmission. (b) The staff concurs with the recommendations of the Appeals Commission. .(c) The general public attending the meeting or responding to the notice of public hearing have no objection. (d) The petitioner is in agreement with the reo emendation. (2) Eben the above conditions are not met, the variance request must be reviewed by the Planning Commission with final approval by the City Council. E. Record Of Action Taken. The Appeals Camnission shall provide for a written record of its proceedings which shall include the minutes of its meeting, its findings and the recommendation or approval of each matter heard by it. The finding of fact shall contain the following: (1) The public policy which is served by requirement. (2) The practical difficulties or unique circumstance of the property that cause undue hardship in the strict application of the requirement. (3) In recommending or approving a variance, the Commdssion and/or Council may impose conditions to ensure compliance and to protect adjacent properties. F. Action By Me City Council. The Council shall at its next regular meeting, after receiving the recommendation of the Appeals Commission, with a policy review by the Planning Coczdssion, decide on the action to be taken. G. Lapse Of Variance By Non-use. if work as permitted by a 'variance is not commenced within one year and completed within two years after granting of a variance, then the variance shall become null and void unless a petition for extension of time in which to complete the work has been granted by the City Council. Such extension shall be requested in writing and filed with the City at least twenty (20) days before the expiration of the original variance. The request for extension shall state facts showing a good faith attempt to complete the work permitted in the variance. Such petition shall be presented to the appropriate body for review and/or decision. PUBLIC HEARING BEFORE THE APPEALS CCKx1ISSI0N Notice is hereby given that the Appeals Commission of the City of Fridley will conduct a Public Hearing at the FR—IDLEY CONKRUTY EDUCATION Caam, 6085 7th Street N.E., at 7:30 p.m. on Tuesday, June 28, 1988, for the purpose of : Consideration of a variance request, VAR #88-14, by Ernest Bergstrom, pursuant to Section 205.07.03.D, (2), (b), of the Fridley City Code to reduce the side yard setback from 5 feet to 4 feet to allow the construction of an attached garage on the north 37 feet of Lots 4, 5, and 6, City View Addition, and that part of vacated. 57 1/2 Avenue N.E., adjacent to said lots, the same being 5760 _ 3rd Street N.E., Fridley, Minnesota, 55432. Any and all persons desiring to be heard shall be given the opportunity at the above stated time and place. Note: The Appeals Commission will have the final action on this request, unless there are objections frcan 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 Cca[miBBion with only a recommendation fram the Appeals CcnmiSSion. Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. MAILING LIST VAR # 88-14 Appeals 6/17/88 Resident 5770 - 2 1/2 Street N.E. Fridley, My 55432 Kent P. Bensooter 1284 Nursery Hill Lane St. Paul, MV 55112 Ernest Bergstrom Meyer Broder 5760 - 3rd Street N.E. 278 - 58th Avenue N.E. Fridley, MLV 55432 Fridley, MST 55432 city Council Members Resident Mayor Nee 276 - 58th Avenue N.E. City Manager Fridley, MQ 55432 Chairperson of Appeals Ccn=ssion Raymond Hegna Resident 5770 - 3rd Street N.E. 251 - 57th Place N.E. Fridley, M 55432 Fridley, MN 55432 Violet E. Rocek RO Place North Properties 5 791 - 2 1/2 Street IT -E. 1315 Rice Creek load Fridley, My 55432 Fridley, My 55432 Violet E. Rocek Gary Harvet 1924 Garfield Street N.E. 271 - 57th Place N.E. Minneapolis, MSV 55418 Fridley, MLV 55432 Frank Gabrelcik William Talley 5740 University Avenue N.E. 281 - 57th Place N.E. Fridley, M 55432 Fridley, MQ 55432 Paul Beall MU Properties 261 - 57th Place N.E. 4620 W. 77th Street° Edina, MV 55435 Fridley, MQ 55432 017( Al Bate David R.ustan 5785 - 2 1/2 Street N.E. 5735 Quincy Street N.E. Fridley, MLV 55432 Fridley, MQ 55432 Resident Resident 5785 - 2 1/2 Street N.E. 262 - 57th Place N.E. Fridley, m 55432 Fridley, MV 55432 David Landrus Hardees Restaurant 5775 - 2 1/2 Street N.E. 289 - 57th Avenue N.E. Fridley, MQ 55432 Fridley, MV 55432 Richard Peterson FFCA/IIP 1983 Property Co. 247 - 57th Place N.E. 3443 North Central Avenue Fridley, My 55432 Phoenix, AZ 85012 Resident 5770 - 2 1/2 Street N.E. Fridley, My 55432 Kent P. Bensooter 1284 Nursery Hill Lane St. Paul, MV 55112 Item #1, June 28, 1988 5760 - 3rd Street N.E. VAR. #88-14 A. PUBLIC PURPOSE SERVED BY REQU.a2EN1ENT: Section. 205.07.03.D, (2), (b) requires a side yard setback of five (5) feet between an attached accessory building or use and a side property line. Public purpose served by this requirement is to provide space between individual structures to reduce conflagration of fire, to provide access to the rear yard for emergencies, and to limit the condition of crowding in the residential neighborhood. B. STATED HARDSHIP: "we need a garage, must have 26 ft. width (garage 20 f t., foyer 6 f t. 4 in.). Must have foyer to enter and exit hcme and use existing location of side door." C. AMMISTRATIVE STAFF REVMq: The lot does not have a garage. The owner would like to construct a 20 ft. by 28 ft. deep garage and a 6 ft. 4 in. wide foyer between the garage and the house to allow access to the house. The front corner of the house would be 4.11 feet and the rear corner would be 5.37 feet from the south property line. The side yard abuts the rear yard of a house facing 57th Place. If the Cananission approves the request, staff has no stipulations to suggest. • VAR #88-14 Ernest Bergstrom moss . ,e .� � o • _:�_ O N �o fl ♦1 . _ ° 29 2 zB �, 3 27 .j Olt 2 � = 2 3 V& _!g 24�q 7 9 2 !�) �. OWN 2O 4) /� = 3 Gyp /7 V017 /B q -i /3 /7 /� 2 It /6 hl O N 751) `29 2B�i1 127 Z 6 V'* 25 2!: ♦: /7 .r'' y /r 59TH AVENUE N.E. e 29 �1 3 w16 17,�,44 31 9 = 27 24 Olt 2 � = 2 3 V& _!g q��23 B 9 2 !�) �. OWN 2O 4) /� = 3 Gyp /7 V017 /B q -i /3 /7 /� 2 751) `29 2B�i1 127 Z 6 V'* 25 2!: ♦: /7 .r'' y /r 59TH AVENUE N.E. N e 29 �1 2 �u ZB 31 9 = 27 24 7Inel 2 � 9 7 \*R q��23 B 9 2 !�) �. OWN ► 9tH°) /� = 3 Gyp /7 7 /B q -i N t'. 58TH AVENUE #:E.24 28 l 1 __" .9 24 7 \*R q��23 B 9 2 !�) �. OWN ► 9tH°) /� = 3 Gyp 6 7 /B q -i /3 /7 y)/Q It /6 hl t'. 58TH AVENUE #:E.24 � __" .9 „ : 9 -2- - -- 9 2 !�) �. OWN ► 9tH°) /� = 3 Gyp 6 7 3 6057 G�) n w • /O z v t�) 8 6 � LAV ; 3 I J S %_1 cc ' J • ---;-- 60 AVE. u", �b � 7 ti9 i � __" .9 -- --/S-- �. OWN - ,• /� = 3 Gyp 6 7 n w • /O z v t�) 8 6 � LAV ; 3 I J S %_1 cc ' J • ---;-- 60 AVE. yy�z PLACE LOCATION MAP / i 2 3 4 5 6 7 yy�z PLACE LOCATION MAP 0 --cam- 'Fl. VAR #88-14 Ernest Bergstrom do AERIAL MAP IVIM K13UIV ASSOCIAMS, Inc. VAR #88-14 Ernest Bergstrom Anoka, Minnesota 55303 CERTIFICATE OF SURVEY irvey for: Bullick Realty IN-PLACE FOUNDATION LOCATION 5760 3rd St. N.E. 11P-103 1010 612/427-581 DESCRIPTION: The north 37 feet of Lntc 4, 5 and 6, CIT VIEV, Anoka Count✓, Minnesota, and th:lt part of vacated 57 I/2 Ave. %.E. adjEcent to said lots. Scale: Bk. 70 pg, zb Sec. -,T.- , R. o Dtnotes iron monument I hereby certify that this survey, plan cr retort was prepared by roe or .ender my direct supervision and that 1 am a duly Registered sand Surveyor under the laws of the State of Minnesota. , Reg. No. Date Job No. SITE PLAN --- - •-.----- -- - • � -_'VAR�i688-14 !- AKANSONErnest Bergstrom '•� professions/ engineers and verve yors HNDERSON ASSOCIATES, Inc. : 'Anoka, Minnesoto 55303 6121427-5860 CERTIFICATE OF SURVEY • Survay for: Bullick Realty f IN—PLACE FOUidDATTAh LOCATION 5760t3rd St. N.E. ,Z40s DO �!••1.`ACA7*E'17 55.% . 1 • O v Erirrwop r 1;TRcr T ^moi ' �_ '�: •.q.�- �� A DESCRIPTION: The north 37 feet of Lotc 4. 5 and,6. CITY VIEW, Anoka County, Minnesota, and that part of vacated 57 1/2 Ave. S.E. adjacent to said lots. 4 : 6k.�0 pg. sm T. +--- . R. o Dt'notes iron monument 1 hereby certify that this survey, plan or retort was prepared by 'wit or ender my direct Supervision and that 1 am a duly Registered Land Surveyor under the laws of the State of Minnesota. s Reg. Ng. Date Job No. . rY .r -•.d. w ^moi ' �_ '�: •.q.�- �� A DESCRIPTION: The north 37 feet of Lotc 4. 5 and,6. CITY VIEW, Anoka County, Minnesota, and that part of vacated 57 1/2 Ave. S.E. adjacent to said lots. 4 : 6k.�0 pg. sm T. +--- . R. o Dt'notes iron monument 1 hereby certify that this survey, plan or retort was prepared by 'wit or ender my direct Supervision and that 1 am a duly Registered Land Surveyor under the laws of the State of Minnesota. s Reg. Ng. Date Job No. . rY .r -•.d. w ur i CITYOF FRIDLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE (612) 571-3450 �W-w' 64,�i�� • ACTION TAKEN NOTICE Ernest Bergstrom 5760 - 3rd Street N.E. Fridley, Mn. 55432 July 5, 1988 On Tuesday, June 28, 1988, the Fridley Appeals Cmudssion officially approved your request for a variance, VAR #88-14, to reduce the side yard setback from 5 feet to 4 feet to allow the construction of an attached garage on the north 37 feet of Lots 4, 5, and 6, City View Addition, and that part of vacated 57 1/2 Avenue N.E., adjacent to said lots, the same being 5760 - 3rd Street N.E., with m stipulations. If you have any questions regarding the above action, please call the Planning Department at 571-3450. Sincerely, C� Darrel Clark Chief Building Official Please review, sign the statement below, and return one copy to the City of Fridley Planning Department by July 19, 1988. �^ P Concur with acti , taken Y 4 CITY OF FTa'•EY APPEALS CoNbSSION MEETIlVG, JL= 28, 1988 CALL M ORDER: Chairperson Barna called the June 28, 1988, Appeals Commission meeting to order at 7:37 p.m. ROLL: Members Present: Alex Barna, Diane Savage, Kenneth Vos, Larry Kuechle Members Absent: Jerzy Sherek Others Present: Darrel Clark, Chief Building Inspector Ernie and Kathleen Bergstrom, 5760 3rd St. Raymond Hegna, 5770 3rd Street NE William L. Talley, 281 57th Place Paul R. Beall, 261 57th Place, Kathleen Harvet and David Hauf, 271 57th Place Meyer, Michael and Joanne Broder, 278 58th Avenue Mary Prochaska, Menards David Turnke, Menards Carl Heggestad, 1258 Skywood Lane Esther Sieff, 1298 Skywood Lane Mary Matthews, 1259 Skywood Lane APPROVAL OF JU10 14, 1988, APPEALS QmaSSION NIDumm: NMION by Mr. Kuechle, seconded by Ms. Savage, to approve the minutes as submitted. UPCN A VOICE VOTE, ALL VOTIM AYE, CHAIRPERSON BARNA DECLARED THE MOTION CARRIED UNANIK)USLY. 1. C OMIDERATION OF A VARIANCE_ REQUEST, VARIANCE 88-14, BY ERNEST BERGSTROM: Pursuant to Section 205.07.03.D, (2), (b), of the Fridley City Code reduce the side yard setback fram 5 feet to 4 feet to allow the construction of an attached garage on the north 37 feet of Lots 4, 5, and 6, City View Addition, and that part of vacated 57 1/2 Avenue N.E., adjacent to said lots, the same being 5760 3rd Street N.E., Fridley, M 55432. NDTION by Dr. Vos, seconded by Ms. Savage, to open the public hearing. UPON A VOICE VOTE, ALL VOM AYE, CHAIRPERSON BARNA DECLARED THE PUBLIC HEARIlN3 OPEN AT 7:38 P.M. -1- APPEALS CKMISSION MEEM G,RJONE 28, 1988 Chairperson Barna read the Administrative Staff Report: AM4ENISTRATIVEs,nk"FYMRT 5760 31RD SET N.E. VARIANCE #88-14 A. PUBLIC PURPOSE SERVED BY RD�UIl 1T: SECTION 205.07.03.D, (2), (b) requires a side yard setback of five (5) feet between an attached accessory building or use and a side property line. Public purpose served by this requirement is to provide space between individual structures to reduce conflagration of fire, to provide access to the rear yard for emergencies, and to limit the condition of crowding in the residential neighborhood. B. STATED HARDSHIP: "We need a garage, must have 26 feet width (garage 20 feet, foyer 6 feet 4 inches). Must have foyer to enter and exit home and use existing location of side door." C. ADN INISTRATIVE STAFF REVIEW: The lot does not have a garage. The owner would like to construct a 20 foot by 28 foot deep garage and a 6 foot 4 inch wide foyer between the garage and the house to allow access to the house. The front corner of the house would be 4.11 feet and the rear corner would be 5.37 feet from the south property line. The side yard abuts the rear yard of a house facing 57th Place. If the CoRmission approves the request, staff has no stipulations to suggest. Mr. Clark provided a survey of the Petitioner's property showing the existing location of the foundation when the house was built. He wants to put in a small foyer and a 20 foot garage. With those 2 fairly normal size structures, the front corner of the new garage will be a little more than 4 feet frac the south property line. To the south of him there is a house that faces 57th Place with the garage attached to the house. The driveway would go out to 3rd street where it is presently located. Mr. Clark stated the Planning Commission and the City Council passed an ordinance allowing for the construction of 2 -car garages in single family development areas where there was ro garage or where there was a single car garage when the lot to the side faces the same street. MAs is different because the house to the side actually faces south of 3rd Street. If the Board approves this request, staff has no recommendations or stipulations to approve or disapprove. Mr. Barna asked Mr. Clark if he had the distance a neighboring garage is -2- ' APPEALS C1344ISSIM MEEM G. JUNE 28, 1988 fran the lot line. Mr. Clark replied about 40 feet and clarified that it is the garage on 57th Place that they are speaking of. Mr. Clark also said that he received a call from Mr. Beall, 1261 57th Place, earlier in the spring saying that he would like to do something about enlarging his garage and the City staff informed him that be may have to get a variance to do so. His lot is odd also, like Mr. Bergstran's, and he may have to build a detached garage and face it out toward Third Street in order to enlarge it. It was built a rnumber of years ago and is shallow and narrow. The garage sits behind the house and is detached. Mr. Bergstrom stated that when they originally built this house they had to move it more than the required 10 feet from the north line to miss the utility pole on the north side of the house. Mr. Clark clarified the measurements stating that about 2/3 of the way back the garage gets to be more than 5 feet away. Mr. Bergstrom stated that if the house bad been set straight there wouldnI t have been a need for this variance. Mr. Clark stated that a 20 -foot garage will be barely big enough for a 16 -foot door and 2 cars. Accordingly, he is building it a little deeper for some storage space. Mr. Barna asked Mr. Bergstrom if it was going to be flush with the rear of the house. Mr. Bergstrom responded in the affirmative and stated that the siding will match the house and he will have a reverse gable roof. Mr. Clark asked Mr. Beall if he was going to attach his garage to the house. Mr. Beall said that there is no utility easement on his west side so he can build it there. Mr. Clark stated that Mr. Bergstrom's garage will not affect Mr. Beall Is plans. Mr. Barna said Mr. Beall is Lots 4, 5, and part of 6. Mr. Clark said Mr. Baell is the remaining portions cf Lots 4, 5, and 6. Mr. Kuechle asked if it would only affect him if be needed a variance. He could build within 3 feet. Mr. Clark said that if he is going to attach it to the west of his house then he'd have to stay 5 feet and this will still be behind the garage. Mr. Kuecble asked how far the garages have to be apart. -3- APPEALS MM SSION MMMG, JUNE 28, 1988 Mr. Clark stated the building code says 6 feet and the zoning code is 4 feet. Two attached garages, if both doubles, could be close to 6 feet. Mr. Barna stated that even if Mr. Beall needed a variance, depending on what his variance was, if he wanted a variance to be closer to the north lot line than 3 feet it may have an affect, but if he needed a variance for any other reason this wouldn't have an affect. There are only 9 inches in question. Ms. Joanne Broder wanted to make sure Mr. Bergstrom wasn't building north of the house. Mr. Barna stated that it is proposed to build on the south side of the existing house. Mr. Clark stated that Mr. Bergstrom is going to build where his driveway is now. Mr. Barna asked if there was anyone who wished to object to the variance. There was none. MDT,ION by Ms. Savage, seconded by Dr. Vos, to close the public hearing. UPON A VOICE VOTE, ALL VDMG AYE, CHAIRPERSON BARNA DECLARED THE PUBLIC HEARIM CLOSED AT 7:56 P.M. Dr. Vos stated that he saw the hardship as being the house had to be slid to the south in order to satisfy the easement and caused the difficulty on that corner to not make 5 feet. The second hardship is the design of the house has only an exit out of the side and it is in the middle of the house, not toward the front or back, so there isn't much option because there is something behind the house. The front would have too much interference because it is too close to the curb. Ms. Savage stated that she agreed and understood the need for a garage. Mr. Kuechle stated that he also agreed. The Commission concurred that the hardship is basically the tilt of the house required by the power lines at the north end and the general concensus of the City of Fridley that everybody should have at least a two -car garage and the concurrence that the Minnesota weather makes it desirable to have a breezeway between the house and the garage. I-WION by Mr. Kuechle, seconded by Ms. Savage, to approve variance request as stated. UPON A VOICE VOTE, ALL VOTIM AYE, CHAIRPERSON BARNA DECLARED THE MOTION CARRIED UNANIlWSGY. Mr. Barna advised Mr. Bergstrom to came in himself or have his contractor ccine in to obtain a building permit. -4- I ! APPEALS QondISSION MEEIIM, JUNE 28, 1988 Mr. Barna advised Mr. Beall that his options are open if he decided to build and should be need a variance, the Commission would be favorable within reason. 2. CONSIDERATION OF A VARIANCE REQUEST, VARIANCE #88-15, BY ARDS,_INC- : Pursuant to Section 05.04.06.A,(6) of the Fridley City Code to increase the height of a fence in cam�ercial district frau 8 feet to 10 feet; pursuant to Section 205.15.3.C, (4), of the Fridley City Code reduce the building setback adjacent to an -1 District from 50 feet to 0 feet; and pursuant to Section 205.15.3.C, (4) , of the Fridley City Code o reduce the building setback adjacent to an R District from 50 feet 10 feet, to allow the construction of a storage /district buffer improved screening fence, on Lot 9, Auditor's Subdivi ion No. 94, the same ing 5351 Central Avenue N.E., Fridley, M 55432 's Inc.) NQT= by Dr. Vos, seconded M. Savage, to n the public hearing. UPON A VOICE VOTE, ALL VOTIlG , BARNA DECLARED THE PUBLIC • HEAR]M OPEN AT 8:01 P.M. Chairperson Barna read the Admi.nis ativ Staff Report: REPORT 5351 N.E. 8-15 A. PUBLIC PURPOSE SERVED BY Section 205.04.06.A,(6), res a fenck height bordering side aryl rear lot lines in a-cacmercial strict to be t more than eight (8) feet. Public purpose served by 's requirement i to prevent excessively tall fences in order to main ' n the attractabili of a co miercial zone. Section 205.15.3.C,(4) requires that permit buildings and uses shall not be closer to the line of any resi tial district than 50 feet. Public purpose se ed by this requirement is to p Ovide adequate open space around co ercial structures for plant' gs, buffers, and screening. B. STATED : "we aretryi�ig to solve the problem that exists with\ound leaving site. " / C. AEMMISZRMTIVE STAFF REVIEW: Please iew the minutes of the Appeals Camiission meeting April 28, 1M. -5- APPEALS a"II.SSION MEErn G, JUNE 28, 1988 i The staff Menard's have been working on how may be the st way to try. to cont of same of the sound that travels into the sidential district to east. The most recen and present proposal is to construct sto age buildings along their eas line to do a combination of enlargi their storage capacity, store a of the materials under the ever f roofs, retain the severe slope help control mise from traveli up the hill. The building will be laced 10 feet frau the rear p rty line which is 40 feet from the zoni. line between R-1 residenti and cannercial and at the northern most int 10 feet from the R-2 tment lots next to I--694. In the areas where new f ing is being ins ed the fence is proposed to be 10 feet high. Menard's have also petitio for a sped use permit for the existing outside storage which was by the P1 'ng Commission on June 22, 1988. One of the topics of 'r discus ion was the hours of operation. If the Board recau¢nends approva of se two requests, it shall be contingent upon the approval of the special use permit and recommendation that Menard's work the administration on times of operation. Mr. Barna asked for a motion to acce the andum dated June 28, 1988, frau Councilman Steve Billings, War I, st ting his opinions on hours of operation. Ms. Savage stated that she saw ilman Bi could not be at the meetingto ght was beca bad to attend. MOTION by Ms. Savage, seco ed by Mr. Kuechle dated June 28, 1988, frau Q6uncilman Billings as earlier and the reason he had another meeting he receive the memorandum 1t of the minutes. DECLARED THE MOTION Mr. Clark demons the zoning map to locate the Me rds property and describe the zoning nes. At the time this was platted developed, Mr. Nbrtenson owned all property. At some time in the t, the plat of Beverly ;fel es lished an outlot 30 -feet parallel the Menards caRmercia. At the time when the zoning lines wer established, the outlothe platted line of the east boundary o the outlot. When tai the single family dwelling area, the outlo eventually went tax t. It was then purchased by Mrs. Matthews aryl ' red zoned C-3. Theg line jogs where the R-2 and R-1 meet. The ages, or storage bgs, that Menards want to build are located 10 feet their -6- APPEALS C dvaSSION ACTION TAKEN NOTICE Ernest Bergstrom 5760 - 3rd Street N.E. Fridley, Mn. 55432 July 5, 1988 On Tuesday, June 28, 1988, the Fridley Appeals Con¢ni.ssion officially approved your request for a variance, VAR #88-14, to reduce the side yard setback from 5 feet to 4 feet to allow the construction of an attached garage on the north 37 feet of Lots 4, 5, and 6, City View Addition, and that part of vacated 57 1/2 Avenue N.E., adjacent to said lots, the same being 5760 - 3rd Street N.E., with no stipulations. 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, sign the statement below, and return one copy to the City of Fridley Planning Department by July 19, 1988. Concur with action taken