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VAR 86-28i COMMISSION APPLICATION REVIEW i Department Number File Date Meeting Date C17YOF Planning 60 9/08/86 9/30/86 FRIDLEY File Address/DescrlptionVAR #86-28 COMPLETE REVIEW CHECKLIST by Gordon Graham for 5330 - 4th Sty., front RETURN TO PLANNING and rear yard variances for addition to house' E)DARYL COMMENTS iDBBB1E' ]p JIM --..DE98#6 y DjOHN i6,11131I DARREL 26HYDE -DE8131 E MARK --DEBBIE —aEBBIE. No other persons in the audience spoke regarding these proposed variances. BY MR. BARNA, SECONDED BY MS. SAVAGE, TO CLOSE THE PU#tIC HEARING. A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD D ,/EIARED THE KG CLOSED AT 8:50 p.m. Ms. Sava\build she looked at this property and w ld agree the existing not attractive for the area. S felt it would benefit borhood to have it removed and ew homes constructed. Mr. Barnit is no fault of the petit over that this is a sub- standardf as lot depth,and is a oblem to the developer. He stateild g "line of sight" w ld be maintained. Mr. Barna felt thi't cr ate a situation at would be detrimental to the neigand t three homes ould be an improvement. Mr. Sherek stated the hard ip is obvious and the plan seems to be feasible. He stated he appr ci ed the input from the neighbors. Mr. Betzold stated almost a th g that is done with this property would require some sort o varian He stated he wanted to stress he wouldn't be receptiv to future\ariances•for decks or other additions. He felt t persons puhese homes have to under- stand they have to m e the best oation. He stated even though the varianc is approved, ie final action as a lot split is require . MOTION BY MR BARNA, SECONDED BY MS. SAVAGE, RECOMMEND TO CITY COUNCIL AP OVAL OF THE VARIANCES TO REDUCE THE ONT YARD SETBACK FROM 35 T TO 25 FEET AND REDUCE THE REAR YARD TBACK FROM 25 FEET TO 21 T TO ALLOW:CONSTRUCTION OF THREE SINGLE FA LY DWELLINGS ON LOT 3 , REVISED AUDITOR'S SUBDIVISION NO. 77, THE SA BEING 105 - 71- 2 WAY N.E. ,VfPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DEG$�ARED THE MOTION CARRIED UNANIMOUSLY. �'�, Mr. Betzold stated this item would go to the City Council on Oc ber 20, 1986. __ , 3. `CONSIDERATION OF VARIANCE REQUEST, VAR #86-28, BY HOMER MELTON, PURSUANT TO CHAPTER 205.07.3, D. 2a, OF THE FRIDLEY CITY CODE, TO REDUCE THE SIDE YARD SETBACK FOR LIVING AREA FROM 10 FEET TO 7.5 FEET (R-1 IN R-3 ZONING); AND, PURSUANT TO CHAPTER 205.07.3. D. 1 OF THE FRIDLEY CITY CODE, TO REDUCE THE FRONT YARD SETBACK FROM 35 FEET TO 14 FEET TO ALLOW FOR THE N.E., FRIDLEY, MINNESOTA. ` No other persons in the audience spoke regarding these proposed variances. BY MR. BARNA, SECONDED BY MS. SAVAGE, TO CLOSE THE PU#tIC HEARING. A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD D ,/EIARED THE KG CLOSED AT 8:50 p.m. Ms. Sava\build she looked at this property and w ld agree the existing not attractive for the area. S felt it would benefit borhood to have it removed and ew homes constructed. Mr. Barnit is no fault of the petit over that this is a sub- standardf as lot depth,and is a oblem to the developer. He stateild g "line of sight" w ld be maintained. Mr. Barna felt thi't cr ate a situation at would be detrimental to the neigand t three homes ould be an improvement. Mr. Sherek stated the hard ip is obvious and the plan seems to be feasible. He stated he appr ci ed the input from the neighbors. Mr. Betzold stated almost a th g that is done with this property would require some sort o varian He stated he wanted to stress he wouldn't be receptiv to future\ariances•for decks or other additions. He felt t persons puhese homes have to under- stand they have to m e the best oation. He stated even though the varianc is approved, ie final action as a lot split is require . MOTION BY MR BARNA, SECONDED BY MS. SAVAGE, RECOMMEND TO CITY COUNCIL AP OVAL OF THE VARIANCES TO REDUCE THE ONT YARD SETBACK FROM 35 T TO 25 FEET AND REDUCE THE REAR YARD TBACK FROM 25 FEET TO 21 T TO ALLOW:CONSTRUCTION OF THREE SINGLE FA LY DWELLINGS ON LOT 3 , REVISED AUDITOR'S SUBDIVISION NO. 77, THE SA BEING 105 - 71- 2 WAY N.E. ,VfPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DEG$�ARED THE MOTION CARRIED UNANIMOUSLY. �'�, Mr. Betzold stated this item would go to the City Council on Oc ber 20, 1986. __ , 3. `CONSIDERATION OF VARIANCE REQUEST, VAR #86-28, BY HOMER MELTON, PURSUANT TO CHAPTER 205.07.3, D. 2a, OF THE FRIDLEY CITY CODE, TO REDUCE THE SIDE YARD SETBACK FOR LIVING AREA FROM 10 FEET TO 7.5 FEET (R-1 IN R-3 ZONING); AND, PURSUANT TO CHAPTER 205.07.3. D. 1 OF THE FRIDLEY CITY CODE, TO REDUCE THE FRONT YARD SETBACK FROM 35 FEET TO 14 FEET TO ALLOW FOR THE N.E., FRIDLEY, MINNESOTA. APPEALS COMMISSION MEETING, SEPTEMBER 30, 1986 PAGE 10' 6 MOTION BY MR. BARNA, SECONDED BY MS. SAVAGE., TO OPEN THE PUBLIC HEARING. UPDN A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE PUBLIC HEARING OPEN AT 8:57 p.m. Chairperson Betzold read the Administrative Staff Report: ADMINISTRATIVE STAFF REPORT 5330 4TH STREET N.E. VAR X686-28 A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.07.3, D, 2a, requires a side yard of ten feet between any living area and side property lines. Public purpose served by this requirement is to maintain a minimum of 20 feet between living areas in adjacent structures and 15 feet between garages and living areas in adjacent structures to reduce explosure to conflagration of fire. It is also to allow for aesthetically pleasing open areas around residential structures. Section 205.07.d, D, 1, requires a front yard with a depth of not less than thirty-five (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. B. STATED HARDSHIP: "We live in a two bedroom house with three teenage kids and need extra bedrooms very badly." C. ADMINISTRATIVE STAFF REVIEW: If these variances are approved the petitioner would remove a laundry room now located 2 feet from the north line and add a 20 x 22 foot addition out the back and maintain a 7 foot distance from the north as is the existing location of the present house. The nearest structure to the north is more than 20 feet away from the proposed addition. If the Appeals Commission approves this request the staff has no stip- ulations to suggest. Mr. Clark stated this property is located on 4th Street just north of 53rd Avenue. He showed a drawing of the existing house and the front is approximately 26 feet from the curb. W. Clark stated the petitioner is requesting the variances in order to add a 20 x 22 foot addition to the back of his home, with this addition attached to the garage. APPEALS COMMISSION MEETING, SEPTEMBER 30, 1986_ PAGE 11 a Mr. Melton stated their home is one of the original ones in Fridley. He stated they have two small bedrooms upstairs and a living room and kitchen downstairs. He stated they need additional space and is the reason for the variance request. Mr. Melton stated there house was built before the street was con- structed. W. Clark stated, technically, the code states you cannot enlarge a legal non -conforming use. He stated rather than tear down the home, they elected to apply for a variance to reduce the setbacks in the front and side yards. He felt this would actually be an improvement as the laundry room now located two feet from the north line would be removed. No other persons in the audience spoke regarding these proposed vari- ances. MOTION BY MR. BARNA, SECONDED BY MS. SAVAGE, TO CLOSE THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE HEARING CLOSED AT 9:05 p.m. Mr. Barna stated a hardship constitutes any situation which makes the property unuseable for the present owners as it stands. He stated he felt the petitioner needs the additional space. Mr. Barna stated the lot was put in around the house and the present setbacks are no fault of the owners. He felt the addition would be an improvement of the property. All the other Commission members indicated they agreed with Mr. Barna's comments. MOTION BY MS. SAVAGE, SECONDED BY MR. BARNA, TO RECOMMEND TO CITY COUNCIL APPROVAL OF THE VARIANCES TO REDUCE THE SIDE YARD SETBACK FOR LIVING AREA FROM 10 FEET TO 7.5 FEET AND TO REDUCE THE FRONT YARD SETBACK FROM 35 FEET TO 14 FEET TO ALLOW FOR THE CONSTRUCTION OF A 20 X 22 FOOT ADDITION TO THE BACK OF AN EXISTING STRUCTURE, THE SAME BEING 5330 4TH STREET N.E. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. ADJOURNMENT: MOTION BY MR. BARNA, SECONDED BY MS. SAEREK, TO ADJOURN THE MEETING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE SEPTEMBER 30, 1986, APPEALS COMMISSION MEETING ADJOURNED AT 9:08 p.m. Respectfully submitted, Carole Haddad Recording Secretary CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE (612) 511-3450 NOTICE OF PUBLIC HEARING Notice is hereby given that the Appeals Commission of the City of Fridley will conduct a Public Hearing in the City Council Chambers at 6431 University Avenue Northeast at 7:30 p.m. on Tuesday, September 30, 1986 in regard to the following matter: Consideration of variance requests, VAR #86-28, by Homer Melton, pursuant to Chapter 205,07.3, D, 2a of the Fridley City Code, to reduce the side yard setback for living area from 10 feet to 7.5.feet (R-1 in R-3 zoning); and, pursuant to Chapter 205.07.3, D, 1 of the Fridley City Code, to reduce the front yard setback on an existing structure frau 35 feet to 14 feet, to allow the construction of a 20' by 22' addition to the back of an existing structure, located on Lot 7 and the north 1/2 of Lot 8, Block 13, Hamilton's Addition to Mechanicsville, the same being 5330 - 4th Street N,E,, Fridley, MN 55421 Notice is hereby given that all persons having an interest therein will be given the opportunity to be heard at the above time and place. DONALD BETZOLD CHAIRMAN APPEALS COMMISSION Note: The Appeals Commission will have the final action on this request, unless there are objections from surrounding neighbors, the City Staff, or the petitioner does not agree with the Commission's decision. If any of these events occur, the request will continue to the City Council through the Planning Commission with only a recommendation from the Appeals Commission. MAILING LIST VAR #86-28 Gordon S. Graham Appeals 9/16/86 & 9/19/86 City Council Gordon Graham Chris T. Donley Stephen T. Lischalk 5334 - 4th St. N.E. 5305 - 4th St. N.E. 5357 - 4th Street Fridley, MN 55421 Fridley, MN 55421 Fridley, MN 55421 Homer Melton Merle J. Otten Amoco Oil Company 5330 - 4th St. N.E. 5311 - 4th St. N.E. 4940 Viking Drive Fridley, MN 55421 Fridley, MN 55421 Mpls „ MN 55435 Joyce L. Anderson Patrick W. Breitkreutz S. and R. Enterprises 5380 - 4th St. N.E. 5315 - 4th St. N.E. 5333 University Ave. Fridley, MN 55421 Fridley, MN 55421 Fridley, MN 55421 Richard H. Kappes Larry A. Nelson Jerome C. Schurstein 3129 Webster Ave. N.E. 5323 - 4th St. N.E. 1102 - 43 1/2 St. N.E. Mpls., MN 55416 Fridley, MN 55421 Fridley, MN 55421 Herbert A. Ledo William J. Frawley 5326 - 4th St. N.E. 169 Crown Road N.E. Fridley, MN 55421 Fridley, MN 55421 Gilbert L. Shipsock Duane L. Schwartz 2124 - 40th Ave. N.E. 2525 - 118th Ave. N.W. -. Minneapolis, MN 55421 Coon Rapids, MN 55433 Richard Hansen Frank S. Nieland 5310 - 4th Street N.E. 12221 Fillmore St. N.E. Fridley, MN 55421 Blaine, MN 55434 CITY OF FRIDLEY a ; v 6431 UNIVERSITY AVE. N.E. o FRIDLEY, MN 56432 f~ (612) 571-3460 vp VARIANCE REQUEST FORM PROPERTY INFORMATION PROPERTY ADDRESS __!5_3 LEGAL DESCRIPTION: 5-Z3 VARIANCE # —12 -- VARIANCE FEE &0-00 RECEIPT #� SCHEDULED APPEALS MEETING DATE,41t. .30,198-4 Sr N,, H LOT 1+ g BLOCK J-3 TRACT/ADDITION 4' PRESENT ZONING VARIANCE REQUEST(S): Attach a plat or survey of the property showing building, variance(s), where applicable..' 4D 7 Lo 6_1 122 AD 24 rete 4 v&q 9ei ,, I-- -rrom 35' f4&4- -Fa I q fee-+ � 20 6.01 ,,3 ! J Section of the Code: List specific hardship(s) which requine the variance(s): OWNER lNF ORMATION NAME (please print NAME (please print ##################################################### APPEALS COMMISSION: APPROVED CITY COUNCIL: STIPULATIONS: APPROVED PHONE ########################## ########################## DATE FOR CITY USE ONLY Notification of petitioner and property owners within 200 feet: Name/Address Date notified 1 1 { 1 { 1 I 1 I 1 1 I I 1 1 1 { I 1 I I I I I 1 { 1 1 I �I 1 . 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P.. s M z2 `4�dky fa .=,f ,• ^pse*: f#,,rtft r,4, �3„Y�� '?aft ro era's r'1'y_;-.,'5�1 c 3? �'*r Y_^�t { ( til ly �' i '� Sf' , i ,r� ,: i �, r^• .� ..+ r����; �'� � �, i ,f, `�s . ,+.,, .�5i{ '� � �'3tt %* d d �� e w ,..:I'"kl 9E t' d 5 .� a � "i ,O iwwwNy .+a Pn gal "� $.'"a` ' r arP fY• . ,."' `0 2�A a^ 1 a +,. ,J '�'x'`".e y k„z C'do n' 7 .rr a 4!il;'', 45?/ 1% w � zy'' � SCALE ,f4RDpa A,O,o.rrzoN NOT� ; 20 /XZZ IrX0 AND Rfmoi/Ax Off'xXellvol?V Roos+ I," 7 7'2 ie CURB IZ4o It® #3, September 30, 1986 SMUT REPORT 5330 - 4th S'IIWT N. E. VAR #86-28 A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.07.31 D, 2a, requires a side yard of ten feet between any living area and side property lines. Public purpose served by this requirement is to maintain a minimum of 20 feet between living areas in adjacent structures and 15 feet between garages and living areas in adjacent structures to reduce exposure to conflagration of fire. It is also to allow for aesthetically pleasing open areas around residential structures. Section 205.07.31, D, 1, requires a front yard with a depth of not less than thirty-five 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. B. SKATED HARDSHIP: "We live in a two bedroom house with three teenage kids and need extra bedrooms very badly." C. ADMINISTMTIVE SMFF REVIEW: If these variances are approved the petitioner would remove a laundry room now located 2 feet from the north line and add a 20 X 22 foot addition out the back and maintain a 7 foot distance from the north as is the existing location of the present house. The nearest structure to the north is more than 20 feet away f rom the proposed addition. If the Appeals Commission approves this request the staff has no stipulations to suggest. lWorm >t . VIN •err; 4t" IT,1Ts .1 r7 VTIM m e"w ss'Is� .IAM fra rzV -.SWI Ri1V 'F" R'Wj AM IC7f FMI t?Tv 22"j lrjwlGlm via% aj.z Wag ' anm V -M &on C'17 XA \-n7 i is A . 1APTR ILr.)f� ID 1122 ff� hUm. IR 1 �Z IR�Rd K'ai i tl.�R d� Rz l�WAAL ►3 IMPM mr-M pal." /tIIJm u /•iflil �V RTS A ss � FAM MA � me .m ,181 "M 1 ►o,,;,Dlt I Doo1 ccmwmom 11, I'Alw9l"W 0,901 MEE ML, ..Nxx.....N.Nxx 11 WWLW MAF -1,, L -LI-1- A I 'H.L tp L ILI --L L- I-- I I I I -Ki 9 A 4 SIJ L4 ,-:3-, Mnai - I :71 Tal-� � 77" 'H.L tp L ILI --L L- I-- I I I I -Ki 9 A 4 SIJ L4 ,-:3-, Mnai - I :71 41 CITY OF FWDLLY CIVIC CENTER • 6431 UNIVERSITYAVE. N.E. FRIDLEY. MINNESOTA 55.132 • PHONE (612) 571-3450 Homer Melton APPEALS COMMISSION October 1, 1986 5334 - 4th Street N.E. ACTION TAKEN NOTICE Fridley, PLN 55421 On September 30, 1986, the Fridley Appeals Commission officially approved your request for variances, VAR #86-28, by Homer Welton, pursuant to Chapter 205.07.3 D 2a, of the Fridley City Code, to reduce the side yard setback for living area from 10 feet to 7.5 feet (R-1 in R-3 zoning); and, pursuant to Chapter 205 07 3, D, 1, of the Fridley City Code, to reduce the front yard setback from 35 feet to 14 feet to allow for the construction of a 20 foot by 22 foot addition to the back of an existing structure, located on Lot 7 and the North 1/2 of Lot 8, Block 13, Hamilton's Addition to Mechanicsville, the same being 5330 4th Street N.E., Fridley, Minnesota, with the following stipulations: - NONE -. 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. ely, Darrel Clark Chief Building Official DC/ln Please review the noted stipulations, sign the statement below and return one copy to the City of Fridley Planning Department by nctober 15, 1986 concur with the action taken. . r v 3CAIE 1=12' OR 0,0.= IF O 9,00a r,tv N I Room 4 i