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VAR 88-16CITY. OF FRIDLEY .0431 UNIVERSITY IR N.E. FRIDLEY,. MN 65432 (812).571-3450 PROPERTY INFORMATION PROPERTY ADDRESS LEGAL DESCRIPTION: YA1ilA�E REQUEST FORM VARIANCE # VARIANCE FEE .Oct RECEIPT ,# A-20 a SCHEDULED APPEALS MEETING DATE LOT Xlk a -TS BLOCK J a► TRACT/ADDITION v e- Qa rl (A .&A OW 1 PRESENT ZONING S - VARIANCE REQUEST(S): Attach a plat or survey of the property showing building, variance(s), where applicable. Section of the Code: List specific hardship(s) which require the varianoe(s): FEE OWNER INFORMATION .019 NAME (please print) �' FZ�T PHONE,-3�� ADDRESS 41 % 7 J4 41 pf- Of 2 � /'':► � 41:2( % SIGNATURE DATE Note to'#r�°0*11 `li####### PETITIONER INFORMATION NAME (please print)Qr`Nnc C.6wd,, PHONE 611-57'y_ /b0/ ADDRESS 3a SIGNATURE Xd DATE ( ! ################################################################################## APPEALS COMMISSION: CITY COUNCIL: STIPULATIONS: APPROVED DENIED DATE APPROVED DENIED - DATE 0 VARIANCES 5. VARIANCES A. Appeals Cortamission. The City Council created an Appeals Caranission 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 practiscaltdifficultieesslonal claimed astions a basis foreapvariance iar �d P 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 Concussion. D. Variances In 1-1 Zoning. (1) In areas. zoned R-1 (One Family Dwelling District), the Appeals Co fission 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 Commission. (b) The staff concurs with the reeom endations 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 recommendation. 0 • -- - - - (2) hfien 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 Ccnmission 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 followings (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 C=Gission and/or Council may impose conditions to ensure compliance and to protect adjacent properties. F. Action By The City Council. The Council shall at its next regular meeting, after receiving the recomendation of the Appeals Commission, with a policy review by the Planning Conmiission, 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. -'N ' �ry a c k. y 4"� tl •.3e,i ' t {'Y' a) ...3a'.c9'�"1i.'d,f.�d u -T JA t!��}J 1✓\V/b Z-4.�I.1 4 '. '•`�`•� r Li4�.�3 wi .. t. ..�ii:z v �,{�� sit,�a �'�r, :;� 'r `�.�� Oa _'--!!'tJ'rii' {�� , y{ s' �i ... . �'.:Fr,. 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(church in S-1 District) I RETURN TO PLANNING COMMENTS JOHN/ DARRE CLYDE ARK JIM • PUBLIC HEARIIr.7 BEFORE THE APPEALS aDnv SSION 0 Notice is hereby given that the Appeals Commission of the City of will conduct a Public Hearing at the Community Education Center Seventh Street N.E. at 7:30 p.m. on Tuesday, July 19, 1988, for the of : Consideration of a Variance request, VAR #88-16, by the Orthodox Church of the Resurrection of Christ, pursuant to Section 205.16.03.D,(3), of the Fridley City Code to reduce the rear yard setback from 25 feet to 10 feet; pursuant to Section 205.16.03.D,(1), of the Fridley City Code to reduce the front yard setback from 35 feet to 10 feet; pursuant to Section 205.16.03.D,(2), of the Fridley City Code to reduce the side yard setback from 15 feet to 5 feet; pursuant to Section 205.04.05.B of the Fridley City Code to allow an accessory use within the front yard; pursuant to Section 205.16.05.D, (5), (a), of the Fridley City Code to reduce the hard surface setback from the public right-of-way frcan 20 feet to 10 feet; and pursuant to Section 205.16.05.D, (5) , (b) , of the Fridley City Code to reduce the hard surface setback from a side lot line from 5 feet to 0 feet, to allow a church, parsonage, bell tower, and religious book store in an S-1, Hyde Park Neighborhood zoning district, on Lots 27 and 28, Block 12, Hyde Park, the same being 5973 - 31d Street N.E., Fridley, Minnesota, 55432. Fridley at 6 085 purpose Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. ALEX BARNA r ' �WUT040 Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. NAILING LIST VAR #816 Orthodox Church of the Resurrection of Christ City Council Members City 14anager Chairperson of Appeals Commission White Eagle Investment 6177 Heather Circle N.E. Fridley, MN 55432 Orthodox Church of the Resurrection of Christ 991 Hathaway Lane N.E. Fridley, MN 55432 Robert Williams 5945 - 2 1/2 Street N.E. Fridley, MN 55432 Al Gabel 5947 - 2 1/2 Street N.E. Fridley, MN 55432 John Wolfe 6007 - 3rd Street N.E. Fridley, MN 55432 Frank Gabrelcik 5923 - 3rd Street N.E. Fridley, MN 55432 Ione and William Alasppa 5925 - 3rd Street N.E. Fridley, MN 55432 John Pawluk 5931 - 3rd Street N.E. Fridley, MN 55432 John Rasmussen 8855 - 230th Street E. Lakeville, MN 55044 John Rasmussen 5955 - 3rd Street N.E. Fridley, MN 55432 Resident 5965 - 3rd Street N.E. Fridley, MN 55432 Lawrence Muggli 11796 Able Street N.E. Blaine, MN 55434 40 Appeals 7/8/88 Franklin Hart 6000 - 3rd Street N.E. Fridley, MN 55432 Willard Guimont 5980 - 3rd Street N.E. Fridley, MN 55432 E. Norwood and B. Braithwaite 7412 Lyndale Avenue South Minneapolis, MN 55423 Resident 5974 - 3rd Street N.E. Fridley, MN 55432 Robert Ecker 5940 - 3rd Street N.E. Fridley, MN 55432 Hugh Churchill 5955 - 2 1/2 Street N.E. Fridley, MN 55432 Northwestern Bell Telephone Co. 5920 - 3rd Street N.E. Fridley, MN 55432 John Kelly 3801 Crystal Lake Boulevard Minneapolis, MN 55422 Item #1, July 19, 1988 ADNMISTRATIVE STAFF RERORT 5963 - 3rd Street N.E. VAR #88-16 A. PUBLIC PURPOSE SERVED BY WENT: Section 205.16.03.D,(3), requires a rear yard setback of not less than 25 feet. Public purpose served by this requirement is to provide adequate open spaces around structures for aesthetic and fire fighting purposes. Section 205.16.03.D, (1) , requires a min,m,m, front yard setback of 35 feet for all buildings. 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. Section 205.16.03.D,(2), requires a side yard setback of not less than 15 feet. Public purpose served by this requirement is to provide for adequate open spaces around structures, to maintain clear access for fire fighting purposes, and to reduce conflagration of fire. Section 205.04.05.B allows accessory buildings and structures in the rear and front yard only. Public purpose served by this requirement is to provide desired front yard space to be used for green areas for access and to add to the attractability of the property. Section 205.16.05.D, (5), (a), requires all parking and hand surface areas to be no closer than 20 feet from any street right-of-wuy. Public purpose served by this requirement is to allow for aesthetically pleasing open areas adjacent to public right -of ways. Section 205.16.05.D. (5), (b), requires all parking and hard surface areas to be no closer than 5' feet from any side lot line. Public purpose served by this requirment is to provide adequate open space areas around structures for aesthetic and fire fighting purposes. B. STATED HARDSHIP: "Because the building has lost legal non -conforming status, variances must be granted before re -use of the building is possible." C. ADNMISTRATIVE STAFF REVIEW: The petitioner, Father John Magraum, is requesting the City to grant several variances which would allow him to construct an Orthodox Church at 5973 3rd Street. Variances must be granted because the building has lost legal nonconforming status by not being used for one year. The proposed building does, however, create more variances. • VAR. #88-16 by Orthodox Church of the Resurrection of Christ - page 2 This property is located in a Special District, Hyde Park, which the City considers comparable to R-1, Single Family Dwelling District. Churches are allowed as a special use but are regulated by the CR -1, General Office District requirements. The first variance request to reduce the rear yard setback from 25 feet to 20 feet would allow the construction of an apse on the east side of the building. This apse will be used as the altar. Presently, the building does have a shed attached to the east building side which is 16 feet from the rear property line. The petitioner is also requesting a variance to reduce the minimum front yard setback from 35 feet to 10 feet. The church's current plans show a front yard setback at 30 feet for the construction of an entry way. Father John is requesting a greater variance be granted for future expansion. A 10 foot setback would cause visibility problems for traffic and would destroy the residential setting the City is trying to establish for this neighborhood. The third variance request to reduce the side yard setback from 15 feet to 10 feet is necessary. The existing building is currently 5 feet from the side lot line. As part of his church, Father John wants to construct a bell tower in the front yard. City Code only allows accessory buildings in the rear and side yard for aesthetic and traffic safety reasons. Location of the bell tower would be required 10 feet fraL any property line or driveway. Father John is requesting a variance to reduce the hardsurf ace setback from public right-of-way from 20 feet to 10 feet. The parking lot is currently set back at 15 feet. Father John is requesting a 10 foot variance so the parking could be expanded in the future if necessary. The last variance Father John is requesting is to reduce the minimum hard surface setback from 5 feet to 0 feet. This situation is also already existing. Because the existing parking lot encroaches upon City property, an agreement was made with previous tenants regarding its use. Tenants were required to sign a 3 year lease agreement which would allow them to use the lot for $1.00 per year. Father John has no objections to the agreement; however, he would like a 10 year lease. Staff recommends denial of the variance request to reduce the minimum front yawl setback from 35 feet to 10 feet. This setback would create visibility problems for traffic and destroy the residential character of the community. Staff would approve a variance request for a front yard setback of 25 feet. Staff recommends approval of all the other variance requests with the following stipulations: 1. The bell tower shall be located 10 feet from any property line or driveway. 2. A portion of Lot 29, approximately 1,604 sq. ft., is being leased from the City 3. Landscaping to be installed as by -Sv � OC9 per plan July 1, 1989. ��;ice�( r' VAR #88-16 by Ortho• Church of the Resurrection AV st - page 3 4. A performance bond or letter of credit for 3% of the construc- tion value be given to the City prior to issuance of the building permit. 10 5. -Ch-?arking demand shall not exceed 8 spaces unless additional spaces are provided. 6. Install 6 inch concrete curbing around the entire perimeter of the parking lot including driveway opening by Oct. 1, 19 /o 7. Parking lot to be sealcoated and striped spaces) by 1,8$: 8. Bollards are to be removed upon installation of landscaping +JaY1 .1 --19883-: 9. Petitioner to maintain site immediately by cutting grass and eliminating weeds. 0 APPEALS CIESSION MMTING; JULY -19; 1988 PAGE 2 1. CIONSILiRATION OF A MMMC E ' MOUEST, -VAR - # 88-16 , BY 0 Ri'IiODOX C [MC H OF 'IIS RESLUMCTION OF C HIUST: Pursuant to Section 205.16.03.D, (3) , of the Fridley City Code to reduce the rear yard setback frau 25 feet to 10 feet; pursuant to Section 205.16.03.D,(1), of the Fridley City Code to reduce the front yard setback from 35 feet to 10 feet; pursuant to Section 205.16.03.D, (2) , of the Fridley City Code to reduce the side yard setback fran 15 feet to 5 feet; pursuant to Section 205.04.05.B of the Fridley City Code to allow an accessory use within the front yard; pursuant to Section 205.16.05. D, (5) , (a) , of the Fridley City Code to reduce the hard surface setback frau the public right-of-way from 20 feet to 10 feet; and pursuant to Section 205.16.05. D, (5) , (b) , of the Fridley City 0Dde to reduce the hard surface setback from a side lot line fran 5 feet to 0 feet, to allow a church, parsonage, bell tower, and religious book store in an S-1, Hyde Park neicjh�boring zoning district, on Lots 27 and 28, Block 12, Hyde Park, the sane being 5973 - 3rd Street N.E. MM -10N by Dr. Vos, seconded by M. Savage, to open the public hearing. UC'A.N A VOICE VOTE, ALL VOTING AYE, alAIRPERSON BARNA -MC ABED THE PUBLIC HEAMG OPEN AT 7:35 P.M. Chairperson Barna read the Administrative Staff Report: 5963 - 3rd Street N.E. VAR #88-16 A. P[1BLIC PLIMSE SERVED BY K=IMMU: Section 205.16.03.D,(3), requires a rear yard setback of not less than 25 feet. . Public purpose served by this requirement is to provide adequate open spaces around structures for aesthetic and fire fighting purposes. Section 205.16.03.D, (1) , requires a mininnm front yard setback of 35 feet for all buildings. 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" encroacrnent into the neighbor's front yard. Section 205.16.03.D,(2), requires a side yard setback of not less than 15 feet. - Public purpose served by this is to provide for adequate open spaces around Mures, to maintain clear access for fire fighting purposes, and to reduce conflagration of fire. Section 205.04.05.8 allows accessory buildings and structures in the rear and front yard -only. FA APPEALS CCMSSICN MEMIQG; JULY 19, 1988 PAGE 3 Public purpose served by this requirement is to provide desired front yard space to be used for green areas for access and to add,to the attractability of the property. Section 205.16.05.D, (5) , (a) , requires all parking and hard surface areas to be no closer than 20 feet from any street right of -way. Public purpose served by this requirement is to allow for aesthetically pleasing open areas adjacent to public right-of-ways. Section 205.16.05.D. (5), (b), requires all parking and bard surface areas to be no closer than 5 feet from any side lot line. Public purpose served by this requirment is to provide adequate open space areas around structures for aesthetic and fire fighting purposes. B. STATED HARDSHIPS "Because the building has lost legal non -conforming status, variances moist be granted before muse of the building is possible.' C. ADMINISMATIVE STAFF REVIEW: The petitioner, Father John Magranm, is requesting the City to grant several variances which would allow him to construct an Orthodox Church at 5973 3rd Street. Variances must be granted because the building has lost legal nonconforming status by not being used for one year. The proposed building does, however, create more variances. This property is located in a Special District, Hyde Park, which the City considers oamparable to R-1, Single Family Dwelling District. Churches are allowed as a special use but are regulated by the CR -1, General Office District requirements. The first variance request to reduce the rear yard setback from 25 feet to 10 feet would allow the construction of .an apse on the east side of the building. This apse will be used as the altar. Presently, the building does have a shed attached to the east building side which is 6 feet from the rear property line. The petitioner is also requesting a variance to reduce the minimum front yarn] setback from 35 feet to 10 feet. The church's current plans show a front yard setback at 30 feet for the construction of an entry way. Father John is requesting a greater variance be granted for future expansion. A 10 foot setback would cause visibility problems for traffic and would -destroy the residential setting the City is trying to establish for this neighborhood. The third variance request to reduce the side yard setback from 15 feet to 5 feet is necessary. The existing building is currently 5 feet from the side lot line. As part of his church, Father John wants to construct a bell tower in the front yard. City Code only allows accessory buildings in the rear and side yard for aesthetic and traffic safety reasons. Location of the bell tower would be required 10 feet from any property line or driveway. APPEALS COMESSION MMUNG, JULY 19, 3.988 PAGE 4 Father John is requesting a variance to reduce the hardsurface setback fiat public right-of-way fra . 20 feet to 10 feet. The parking lot is currently set back at 15 feet. Father John is requesting a 10 foot variance so the parking could be expanded in the future if necessary. The last variance Father John is requesting is to reduce the minimum hard surface setback from 5 feet to 0 feet. This situation is also already existing. Because the existing parking lot encroaches upon City property, an agreement was rade with previous tenants regarding its use. Tenants were required to sign a 3 year lease agreement which would allow then to use the lot for $1.00 per year. Father John has no objections to the agreement; however, he would like a 10 year lease. Staff recaamends denial of the variance request to reduce the minimum front yard setback fran 35 feet to 10 feet. This setback would create visibility problems for traffic and destroy the residential character of the community. Staff would approve a variance request for a front yard setback of 25 feet. Staff reccmnendss approval of all the other variance requests with the following stipulations: 1. The bell tower shall be located 10 feet frun any property line or driveway. 2. A portion of Lot 29, approximately 1,604 sq. ft., is being leased fr m. the City at $1.00 per year with the City's right to tenairate the lease within one year, after the first year. 3. Landscaping to be installed as per plan by July 1, 1989. 4. A perfcmmance bond or letter of credit for 3% of the construc- tim value be given to the City prior to issuance of the building permit. 5. Church parking demand shall not exceed 8 spaces unless additional spaces are provided. 6. Install 6 inch concrete curbing around the entire perimeter of the parking lot including driveway opening by Nov. 1, 1988. 7. Parking lot to be sealcoated arra striped (8 spaces) by Nov. 1, 1988. 8. Artists are to be removed upon installation of landscaping (July 1, 1989). 9. Petitioner to maintain site immediately by cutting amass ._ and elimirating weeds. W. Clark: stated there was a slip -off ams that cams off University Avenue and goes south cn 3rd Street .by the petitioner's prcperty. She petitioner's property is on Lets 27 and 28, and the City owns Lots 29 and 30, which is being used partially for right-of-way for the slip -off ramp frau University Avenue. APPEALS CUMISSIM MEETING, JULY 19, 1988 PAGE 5 Mr. Clark showed a picture of how the building will look after remodeling, with the altar extension on the back, the canopy over the entrance at the front of the building. He stated part. of the variance request was to even add on further to the front if at all possible down to 10 feet from the front property line. The bell tower would be placed in the front yard. Mr. Clark stated that in order for the petitioner to put the parking lot on a portion of the city property, there would have to be a lease agreement or vacation by the City Council. W. Clark stated the building to the south of the petitioner's property was an apartment building, and it does line up with the wall of the existing building on the site at 35 feet. Dr. Vos stated that 8 spaces were shun for parking on the plan. Did the Code say anything about how- many spaces a church needed? Mr. Clark stated the petitioner has been working with Kathy Castle in the Planning Department, and it was his understanding there were not many parishioners that go to the church at any one time. Father John stated the architect, Validimir Chahovskcy, who had drawn up the plans for the church, was at the meeting. They would certainly weloome any questions from the cTmissioners, staff, or anyone in the audience. Mr. Barna stated that he would not be in favor of the future expansion to within 10 feet of the front property line. He would be willing to oonsider the bell tower or even the portico cm*ing out a little farther, but not the church structure. M. Savage asked for a clarification of the hardship. Mr. Clark stated the building was now vacant. Hyde Park, an S-1 District, was a very peculiar district. It basically says that the uses permitted are whatever was used when the ordinance was passed; and if not that, then it has to be single family. The definition of legal nonconforming use says that if a building is vacated and not used for more than a year, it loses its legal nonconforming status and goes to nonconforming; therefore, if a building is used, it must conform to the district's regulations. In this case, it means the building would have to be used for a single family dwelling. Because the building has lost its legal nonconforming statuts, there is a petition to use it for a church which is allowed in a single family dwelling district with a special use permit (special use permit to be heard by the Planning Coami.ssion on July 27). These variances would berm: necessary even if the building was used without any additions. r1he variance would be necessary on the south lot line from 15 feet to 5 feet for a camuercial district in an S-1 district. 'The other variances were actually enlargements of the existing structure—to the front, to the back and the parking lot to the north. The hard- ship ardship is that apparently the owner or the petitioner does not want to use the property for a single family duelling and would like to use it for a church. W. Sherek stated he was concerned about the parking situation. What options did the church have if its parking needs were to expand? APPEALS 00*USSICN MEETING,'JULY 19, 1988 PAGE 6 Father John stated they are presently meeting (for the past two years) at University Lutheran Church of Hope. Their services are held on Sunday morning at 9:00 a.m. Tney have no more than 20 parishioners at this time, and they do not envision a fast growth in members. He stated they have inquired about additional parking at NortIvestern Bell, but have not received a response at this time. They have received a positive response for future parking, if it should ever be -needed, across University Avenue. W. Kuechle asked if the sanctuary space allowed for 20 people. Father John stated it did. They will have individual seating in the sanctuary. Mr. Kuechle stated that if the variance was not granted for the front yard set- back etback from 35 feet to 10 feet, how would this affect the church's building plans? Father John stated it would cause a possible hardship of being able to remodel to the front the way they want to do it, and they would have to move the bell tower to some other space because of the fact that it would then have to be in front of the front door. Mr. Bob Ecker, 5940 - 3rd Street, stated Father John had talked about overflow parking across University Avenue. How would the people get across the street, because it was all chain link fencing from 61st Avenue to 57th Avenue? He stated he was not opposed to the church, but he just wondered how the people would get across University Avenue. Father John stated the people coming to the church would be coming from a long distance away, and they would not mind walking this short distance. He did not consider this a problem; however, it was certainly a reasonable question. Mr. Ecker stated that if they are thinking about the future and the need for more parking for the church in the future, he would be very much in favor of eliminating the slip -off. That slip -off is just used for an entrance ramp for the 3rd Street freeway. Father John stated he has asked the City about the possibility of the slip -off being abandoned, but that was something the City would have to consider. Mr. Barna stated there was always the possibility of a petition to vacate that section of the alley behind the property and for the City to vacate a portion of the triangular area formed by Tot 29 and even part of lot 30. This would then give future room for future parking. So, technically, there was room for future parking expansion. Mr.. Clark stated the slip -off ramp was proposed and constructed a number of years ago by the City to direct commercial traffic to 3rd Street at 60th Avenue in order to keep that traffic from going through the residential area to the north. Now, all that has changed, and whatever commercial still there is legally there as long as it does not be, c vacated for more than a year. If a building bums down, it was his understanding, it could be rebuilt as far as residential, so the slip -off really only serves the Bell Telephone Building, the proposed 0 I] APPFAiS CIMMSION NEE UNG, 'JULY 19, 1988 PAGE 7 church, a furniture refinishing business, and a used car lot. 7hhera is not the need for the slip -off that there would be if this had all been built commercial, so maybe some thought should be given to whether the slip -off is still necessary. Mst of the businesses still on 3rd Street do not generate a lot of traffic. M. Terry Hart, 6000 - 3rd Street, stated she did not object to the church. She asked about the purpose of the bell tower. Father John stated the purpose of the bell tower was to add a certain aesthetic quality to the building to make it look like a church. They have several bells -- the largest of which was about 16 inches in diameter. Their services would be preceded by the ringing of the bells that would last about 3-5 minutes. Dr. Vos asked if there were any similar churches in the Twin Cities area. Father John stated there was a church in Northeast Minneapolis behind Holy Cross, one in Southeast Minneapolis off Highway 280, one off Summit Avenue in St. Paul, and a large church near Lake Calhoun. Father John stated he would like to give a brief introduction and history of what their church is, and it might be helpful to the neighbors and the commissioners. He stated the Orthodox Church is the eastern church as compared to the Catholic Church which is the western church. The history of the Orthodox Church in the United States goes back to the 17001s, and the first missions of the Orthodox Church were in Alaska and San Francisco. His particular parish has been in existence for about two years, and they are part of another Orthodox Church in Southeast Minneapolis which does not use as much English as they would like to use in their services. In comparing the Orthodox Church to the Catholic Church, there is a difference in the rite of service. Father John stated that as far as their relationship with the commmity of Fridley, they have a house chapel and the priest's residence in Fridley which have been here for several years. 7hey have members of the church who live in Fridley. They have established a rapport with St. Williams Catholic Church. 7hey were not a charismatic church. They were probably comparable to a church that would be seen as one of the early churches and they have some of the most ancient rituals and practices compared to other churches of the western world. Father John stated they would like to make the existing building into a church. For that purpose, they have to do a lot of work on the inside to make the sanctuary. 7hey also want to do some work on the outside to make the building look like a church, but they will do that in certain phases --the apse first, perhaps the steeple second, and then the bell tower. Zhey want to make the building look attractive, look like a church and be an asset to the local community. Ms. Savage asked if the bell tower court be built onto the existing building Father John stated that was a possibility, but because the structure needs a lot of work, it was not -'ng they had planned to do because they do not even know if the present building would be able to handle that type of structure on top of it. W. Barna suggested an alternative of incorporating the bell tower with the portico. APPEALS OOMSSIM MING, JELLY 190, 1988 PACE 8 Mr. Chahovskoy stated that was a possibility. They were trying to create a sense of entry—a series of small experiences in entering the church. Mr. Sherek asked about special events and the need for additional parking for weddings, funerals, etc. Father John stated their parish was fairly small. Meir services are on Sunday mornings and Saturday evenings for about' one hour. They sometimes have a service during the week, perhaps twice a month. In the last two years, they have had one wedding and ane funeral. As an example, at the parish in Southeast Minneapolis which was formed in 1953, there are a total of 40 families in 1988. So, the Commissioners.and neighbors could see that their growth was very small. NOTION by Dr. Vos, seconded by M. Savage, to close the public hearing. UPON A VOICE VCS, ALL VOMG AYE, CHAIRPERSCN BARNA DECLARED THE PUBLIC HEARING CTLSED AT 8:27 P.M. ND►1'ICN by Mr. Kuechle, seconded by Dr. Vos, to recommend to City Council approval of V`AR #88-16, by Orthodox Church of the Resurrection of Christ, pursuant to Section 205.16.03.D, (3) , of the Fridley City Code to reduce the rear yard setback from 25 feet to 10 feet; pursuant to Section 205.16.03.D,(2), of the Fridley City Code to reduce the side yard setback from 15 feet to 5 feet; pursuant to Section 205.16.05.%(5),(a), of the Fridley City Code to reduce the hard surface setback from the public right-of-way from 20 feet to 10 feet; and pursuant to Section 205.16.05. D, (5) , (b) , of the Fridley City Code to reduce the hard surface setback from a side lot line from 5 feet to 0 feet, to allow a church, parsonage, bell tower, and religious book store in An S-1, Hyde Park neighboring zoning district, on Dots 27 and 28, Block 12, Hyde Park,'the same being 5973 - 3rd Street N.E., with the following stipulations: 1. A portion of Lot 29, approximately 1,604 sq. ft. is being leased from the City at $1.00 per year. 2. Landscaping to be installed as per plan by July 1, 1989. 3. A performance bond or letter of credit for 3% of the construction value be given to the City prior to issuance of the building permit. 4. Church parking demand shall not exceed 8 spaces unless additional spaces are provided. 5. Install 6 inch concrete curbing around the entire perimeter of the parking lot including driveway opening by Nov. 1, 1988. 6. Parking lot to be sealcoated and striped (8 spaces) by Nov. 1, 1988. 7. Posts are to be removed upon installation of landscaping (July 1, 1989). 8. Petitioner to maintain site immediately by cutting grass and eliminating weeds. APPEAIS COMMISSION MATING, J= 19, 1988 PACE 9 MMON by Dr. Vos, seeded by Mr. Kuechle, to reoammend to City Council approval of varianoe request, VAR #88-16, by Orthodox Church of the Resurrection of Christ, pursuant to Section 205.16.03. D, (1) , of the Fridley City Code to reduce the front yard setback from 35 feet to 25 feet as recan mended by staff, to allow a church, parsonage, bell tower, and religious book store in an S-1, Hyde Park neighboring zoning district, on Lots 27 and 28, Block 12, Hyde Park, the same being 5973 - 3xd : Street N. E. Mr. Clark -stated that in order to make it more clear, was the motion to approve the setback from 35 feet to 25 feet for an addition to the building or just for the portico in front? Dr. Vos stated he had no abjection to the building coning out to within 25 feet of the front lot line. MKN A VOICE VOTE, ALL WMG AYE, C[MPTERSON BAMA DECLARED 00 MOTION CARRIED WAiTIMMSLY. M. Savage stated she had difficulty in being able to envision how the bell tower would look in the front yard. Mr. Chahovskoy stated the bell tower was not a very tall building, about 6-8 feet across, an elevated platform with a roof over it. It would probably have the same materials as the sanctuary of the church -stucco with asphalt shingles. The bell tower was used primarily to ring the bells during certain parts of the service. Zhe reason for putting the bell tower in the front yard was to give the church another symbol. M. Savage asked if bell towers had to be placed in the front yard. She was concerned that there would not be enough green space with the bell tower in the front yard. Mr. Chahovskcy stated a bell tower can be placed anywhere; -however, it was not just a bell tower, but a symbol for the whole development. He stated they think they will have enough green space in the front yard. The bell tower is not very large. MMTON by Mr. Kuechle, seconded by M. Savage, to recommmid to City Council denial of variance request, VAR #88-16, by Orthodox Church of the Resurrection of Christ, pursuant to Section 205.04.05.B of the Fridley City Code to allow an accessory use within the front yard, to allow a bell tower in an S-1, Hyde Park neighboring zoning district, on Lots 27 and 28, Block 12, Hyde Park, the same being 5973 - 3rd Street N.E. Mr. Kuechle stated he liked the idea of a bell tower; however, he would like to challenge the architect to see what other options were available for the location of the bell tower, perhaps moving the bell tower to the side yawl. His primary concern was the fact that the bell tower would be so close to the street in a residential area. Zhe other structures in the neighborhood are set back 35 feet, and he thought putting the bell tower out in front even another 10 feet would have an adverse effect on the neighborhood. Even though, architecturally, this would be a nice structure, he would not like to see it in the front yard. APPEALS COMCSSICN METING, JULY 19, 1988 PAGE 10 Mr. Chahovskoy stated there were sane trees in the front yard now that would probably provide more obstruction than an open building (the bell tower). Mr. Sherek stated he would object to the tall trees, too, because trees also cause problems with the line of sight. MDCN A VOICE VOTE, KUEC HIE, SAVAGE, AND SHEREK VOTING AYE, VOS AND BA1M VOTING NAY, CHAIRPERSCN BARNA DECLARED THE M:IrION CARRIED BY A VOTE OF 3-2. Mr. Barna stated the variances and the special use permit would go to City Council on August 8. 2. CIMSIDERATICN CF A lot area frau 9,000 205.07.03.D, (3) , of the 25 feet to 21 feet to all attached garage on Lot 8, Way N. E. MXICN by Mr. Kuechle, VAR #88-17. BY . V.J. Z% WL ylG W. 6.2' feet to 7,900 square feet idley City Code to reduce construction of a the 1, Oak River Esta UPCN A VOICE WTE, ALL VOTING OPEN AT 8:59 PM. Chairperson Barna read the A. PLBISC PL]RPOSE SERVED BY DO PETERSON: - ---Kto reduce the m;n;nnm, and pursuant to Section e rear yard setback from ogle family home with an , the same being 101 - 76th by Dr. Vos, to/cpen the public hearing. BARMA DEC UUM THE PUBLIC HEARING Report: NIS STAFF IE201' 101 - 76 Way N.E. AR 8 17 Section 205.07.03.A requires minimum area of 9,000 sq. ft. for a me -family dwelling. Public purpose served by requirement to avoid the condition of overcrowding of a resi tial neighborhood. Section 205.07.03.D, (3)/, requires a rear yard of the lot depth with of less than 25 feet p required for the building. Public purpose to be used for .by this int is to areas which enhance the m th of not less than 25% tted or more than 40 feet rear yard space "Anoka County As taking rear 15 feet of lot for East R%ver Road. " 2� 2 2/ lj /D 20 3 i✓ /2 6V lel4 /3 Ag N 2� 2 ZN-1 29 20 3 i✓ /Z B /3 N 2� 2 ZN-1 29 28 �j1 3 27 28 27-- 5 �l. 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