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
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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.
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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
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3CAIE 1=12'
OR 0,0.= IF O 9,00a r,tv N
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