VAR 12-79CITY OF FAIOLSY, SUBJECT
MINNESOTA COMMISSION APPLICATION
REVIEW
Deporistow Wurno _ t<ev r'oga Approved by Dole
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COMPLETE REVIEW CHECKLIST
RETURN
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City of Fridley
AT THE TOP OF THS TINS
COMMUNITY DEVELOPMENT DIV.
*` PROTECTIVE INSPECTION SEC.
CITY HALL FRIDLEY - 55432
612 -WO -3450L
SUBJECT
APPLICATION TO BOARD OF APPEALS
NUMBER
910-F23
REV.
1
DATE
3/21/75
PAGE OF APPROVED BY
l 2 800
44
Name.. ,Ohn dUi'lli'l� ��Y L Xk Address �sya
yf6s��E Phone�60
Legal
Description 116,
Lot No.
/ •
Block No.
!/
J/or Addn. /►77
ITract
7-# 1LTO&)'S -4'A4�j .
T 1)mC.d .
Variance Request(s); including stated hardships (attach plat or survey of pro e
showing building, variances, etc., where applicable)
6 tit ! ('h T a ,1 l a W ,4,r,4 M L'
�4
CA E 7W 7/WLe
)°'g�!4 72%47
Dat
Meeting Date
Fee
Receipt No.
Signature
Comments & Recommendations by ��
the Board of Appeals //
City Council Action and Date
City of Fridley
AT THE TOP OF THE TWINS
SUBitOT
APPLICATION TO BOARD OF APPEALS
COMMUNITY DEVELOPMENT DIV.
L PROTECTIVE INSPECTION SEC.
r
(Staff Report)
i CITY HALL FRIDLEY 55432
612-580-3450
NUMBER
910-F23
REV.
1
DATE
3/21/.5
PAGE OF
2 2
APPROVED DY
800
Staff Comments
Board members notified of meeting by
List members,
date notified, and "Yes" or "No" for plans
to attend hearing. Plan
Name
Date To Attend
Pearson making appeal and the following property
owners having
property within
200
feet notified:
By Whom
Name
Date
Phone or Mail
Notified
M/M David Hart,5353 4th Street
M/M Michael Anderson,5650 5th Street
M/M James Burman,5380 5th Street
Joseph Veseck,5427 4th Street
M/M John Vagovich,5400 4th Street
Joyce Anderson,5360 4th Street
M/M Burkhard Kappes,5370 4th Street
M/M Stephen Lischalk, 5357 4th Street
Duane Huie-4031 Bethel Dr. Apt 11
St. Paul 55112
James Pineault-5851 Central Ave. 55432
M/M Curtis Bostrom-5652 Regis Trail 55432
John Partyka-4757 2 1/2 Steet Fridley55421
M/M Larry Noble -950 Highway 10 N.E.
Mpls 55432
M/M/ Steven Smith -5423 4th Street N.E.
Eugene Welter -5704 -56th Ave. No.,Mpls 55429
CITY OF FRIDLEY
6431 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA 55432
TELEPHONE ( 612)571-3450
November 30, 1979
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Appeals Commission of the
will conduct a public hearing in the City Council Chambers
Avenue Northeast at 7:30 P.M. on Tuesday, December 11,1979,
following:
City of Fridley
at 6431 University
in regard to the
Request for a variance pursuant to Chapter 205
of the Fridley City Code, to reduce the side
yard setback from the required 35 feet where
a side yard abuts a corner lot, to 19 feet,
to allow the construction of a 5 -car garage on
Lots 16 and 17, Block 11, Hamilton's Addition
to Mechanicsville, the same being a 4-plex
at 5401 4th Street N.E. (Request by John and
Vivian Partyka, 4757 2 1/2 Street, Fridley,
MN 55421).
Notice is hereby give that all persons having an interest therein will be
given an opportunity to be heard at the above time and place.
VIRGINIA $CHNAREL
CHAIRWOMAN
APPEAL$ CRMMj:�5j—qN
Item #1 December 11, 1979
ADMINISTRATIVE STAFF REPORT
5401 - 4th Street N.E.
A. PUBLIC PURPOSE SERVED BY REQUIREMENT:
Section 205.073, 4B (3) requires a minimum 35 foot setback where a side yard
abuts a street on a corner lot.
Public purpose served by this requirement is to maintain a higher degree of
traffic visibility and to reduce the "line of sight" encroachment into the
neighbor's front yard.
B. STATED HARDSHIP:
"In order to have garages for the tenants, this is the only place we can
place the garage." •
C. ADMINISTRATIVE STAFF REVIEW:
This four-plex is on the corner of 54th Avenue and 4th Street. The front of
the building is facing 4th Street and the garages will be behind the main
building and exiting onto the alley. The garage will be 10 feet behind the
main building, 5 feet from the north side property line, 19 feet from the
side property line abutting 54th Avenue (plus an 11 foot boulevard), and
24.75 feet from the back property line abutting the alley. The apartment
to the rear of this lot faces 5th Street and is approximately 35 feet from
the property line bbutting 54th Avenue. The neighbor's front yard "line of
sight" would not be encroached into as they do not face the side street.
The size of garage proposed could not be built on the property without
variances and the proposed placement of the garage seems the most logical.
Item #1 December 11, 1979
ADMINISTRATIVE STAFF REPORT
5401 - 4th Street N.E.
A. PUBLIC PURPOSE SERVED BY REQUIREMENT:
Section 205.073, 4B (3) requires a minimum 35 foot setback where a side yard
abuts a street on a corner lot.
Public purpose served by this requirement is to maintain a higher degree of
traffic visibility and to reduce the "line of sight" encroachment into the
neighbor's front yard.
B. STATED HARDSHIP:
"In order to have garages for the tenants, this is the only place we can
place the garage."
C. ADMINISTRATIVE STAFF REVIEW:
This four-plex is on the corner of 54th Avenue and 4th Street. The front of
the building is facing 4th Street and the garages will be behind the main
building and exiting onto the alley. The garage will be 10 feet behind the
main building, 5 feet from the north side property line, 19 feet from the
side property line abutting 54th Avenue (plus an 11 foot boulevard) , and
24.75 feet from the back property line abutting the alley. The apartment
to the rear of this lot faces 5th Street and is approximately 35 feet from
the property line abutting 54th Avenue. The neighbor's front yard "line of
sight" would not be encroached into as they do not face the side street.
The size of garage proposed could not be built on the property without
variances and the proposed placement of the garage seems the most logical.
-S U R V rz v 0 R
129 WEST LAKE STREET
Jsl A 0. 18 MINN;APOLIS 8, MINN.
Ell TWO ulu rn 0,0 �F suk�m:v
For I NC.
IF1
C31
0
\A X
5-,4-1w
DESCRIPTION:
LOTS 16 ANO 17,
BLOCK 11, HAMILTON'&
AoolTtON TO MCCHANICmIlLLE,
I'l-Ireby Cf,rtjfy
Llundarit--s
that this is a
of the 13n(I �'tOve
true and correct rer)resentmt ion of a survey of
')r;y, thereon, and aft vi-iblP
deSCribed )r)d
of tt)c-lo"ti011 Of all bUi Idir
1,ncro3chments,
if any,from or On said land" .
t
day of OCT 06 f: pi 1960
-,AN,
E( FIEW A NOWAK
(I r v y o!, s
r
_APPEALS COMMISSION MEETINGS DECEMBER 11, 1979 PAGE 7
r.
Chairperson Schnabel reopened the continued discussion on variance request to reduce
the side yard setback from 35 feet to 19 feet where a side yard abuts a corner lot,
5401 -4th Street N.E.
The -petitioner was still not present for the request.
Chairperson Schnabel read the staff report:
ADMINISTRATIVE STAFF REPORT
5401 - 4th Street N.E.
A. PUBLIC PURPOSE SERVED.BY REQUIREMENT:
Section 205.073, 4B (3) requires a minimum 35 foot setback where a side yard'
abuts a street on a corner lot. _
Public purpose served by this requirement is. to maintain a higher degree of
traffic visibility and to reduce the "line of sight" encroachment into the
neighbor's front yard.
B. STATED HARDSHIP:
"In order to have garages for the tenants,.this is the only place we can
place the garage."
C. ADMINISTRATIVE STAFF REVIEW:
This four-.plex is on the corner of 54th Avenue and 4th Street. The front of
the, building is facing 4th Street and the garages, will be behind the main
building and exiting onto the alley. The garage will be 10 feet behind the
main building, 5 feet from the north side property line, 19 feet from the
side property line abutting 54th Avenue (plus an 11 foot boulevard), and
24.75 feet from the back property line abutting the alley. The apartment
to the rear of this lot faces 5th Street and is approximately 35 feet from
the property line abutting 54th Avenue. The neighbor's front yard "line of
sight" would not be encroached into as they do not face the side street.
The size of garage proposed could not be built on the property without
variances and the proposed placement.of_the garage seems the most logical.
The proposed garage will be a 5car stall building, 56 feet x:20 feet, with a driveway
approximately 25 feet long.
Mr. Barna was concerned about the 10 foot distance between the garage and the apart=
ment building because of passible fire spread.
Ms. Schnabel suggested that there be a firewall installed on the back side of the
garage building.
PAGE 8
Mr. Moravetz said.he did''not thinly there was a requirement stating an unattached
garage needed a ,firewall. He wanted to know if it was really part of the variance
to stipulate a firewall or really a part of the building permit. Where do we draw s,
the line between the Appeals Commission and Building Inspection Department Responsibility-'
Ms. Schnabel asked if the Building Inspector can put stipulations on the building
permit.
Mr. Moravetz said as long as the stipulations are in the relm of the Uniform Building
Code he can place stipulations on the building permit. He could not otherwise.arbi-
trarily put stipulations on a permit. However, he can make suggestions to the builder.
Ms. Gabel said the question on firewalls comes up frequently and the Appeals Commission
should get some firm answers in writing from the staff.
Mr. Barna suggested a.stiuplation be that the Fire Marshall look very closely at this
request to see if a, firewall was needed or not.
Ms. Schnabel requested the Fire Marshall's decision come back to them at their next
meeting so they can further understand about firewalls. She also wanted the decision
made before this requestcgoes to Council.
Mr. Barna questioned if a firewall would do any good if the fire went out through the
roof. The second floor in the complex would be exposed to the danger then.
r
Ms.'Schnabel replied it would at least help reduce damages.
Ms. Gabel felt the garage would look better than just cars sitting out. The setback
will cause no visual problems and it fits in with the area.
Ms. Schnabel and Mr. Barna concurred with Ms. Gabel.
Mr. Barna questioned the zoning and if there would be enough parking spaces for the
four-plex.
Mr. Moravetx said the area was zoned R-3 and there could be parking on the street if
necessary. He did not believe the street was posted no parking.
Ms. Schnabel stated R-3 requires 12 off-street parking stalls for each 1 bedroom unit.
With the 5 stall garage and 5 driveway stalls there would be 10 stalls total, more
than adequate parking for the four -plea.
MOTION by Ms. Gabel, seconded by Mr. Barna.to close the public hearing on variance
request to reduce the side yard setback from 35 feet to 19 feet where a side yard
abuts a corner lot, 5401 -4th Street N.E.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SCHNABEL DECLARED THE MOTION CARRIED
UNANIMOUSLY. PUBLIC HEARING CLOSED AT 9:03 P.M.
MOTION by Mr. Barna, seconded by Ms. Gabel to recommend to Council approval of varinace
request to reduce the side yard setback from the required 35 feet where a side yards
abuts a corner lot, to 19 feet, to allow the construction of a 5 -car garage on Lots
16 and 17, Block 11, Hamilton's Addition to Mechanicsville, the same being a 4 -plea at
5401 -4th Street N.E,* with the following stipulation:
APPEALS COMMISSION MEETING, DECEMBER 11, 1979 PAGE 9
1. -Fire Marshall look very closely to see if a firewall was needed along
the rear wall of the garage building. `Such determination to be made
before the item goes to Council.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON 'SCHNABEL DECLARED THE MOTION CARRIED
UNANIMOUSLY.
Staff was asked to forward the Fire Marshall's decision before Appeals next meeting.
F Also,,to get in writing, rules,and regulations regarding firewalls.
OTHER BUSINESS
APPROVE APPEALS COMMISSION MINUTES:NOVEMBER 13 1979
i_ MOTION by Ms. Gabel, seconded by Mr.'Barna to approve the November 13, 1979 minutes
of the Appeals Commission as written.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SCHNABEL DECLARED THE MOTION CARRIED
UNANIMOUSLY.
'ADJOURNMENT
MOTION by Ms. Gabel, seconded by Mr. Barna to adjourn the Appeals Commission meeting
of December-`11, 1979.'
UPON A VOICE VOTE, ALL VOTING AYE, CH)AIRPERSON.SCHNABEL DECLARED THE MEETING
ADJOURNED AT 9:05 P.M.
Respectfully submitted,
ula Long, Recordin ecretary
REGULAR MEETING OF JANUARY 7, 1980
Page 6 53
Mr. Qureshi pointed out that the Rice Creek estate was the only large
development in Fridley in the last several years, and staff made a recommen-
dation for land to be given for a sizeable park. He tated there have also
been cases where only 2 or 3 lots were develop d the amount of the park
fee was-ba.5ed on the assessed value.
Mr. Qureshi stated all revenue rece' ed in the City goes into the General
Fund. He stated a Council has a prerogative, if they wish, to earmark
it for a special pur se. H tated, however, in recent years, there hasn't
been that much money co ' in from park fees.
Mr. Harris, ChairmagAT the P ing Commission, stated the Park and Planning
Commission's quespfon is that they—xish to have a written policy how the fee
is determined, nd to know 10% of what qure.
Mr. Qures stated he didn't have a problem ' h putting an amount for a
smaller arcel, but with a large development, it ' another situation.
May Nee stated, in the cases of the large parcels, the Manager has
gotiated with the developers for land to be used for park pu ses. The
staff was to work on this matter in order to make the amount of t ark
fee more clear.
APPEALS COMMISSION MINUTES OF DECEMBER 11, 1979:
A. VARIANCE REQUEST TO REDUCE SIDEYARD SETBACK FOR CONSTRUCTION
OF 5 CAR GARAGE, BY JOHN AND VIVIAN PARTYKA, 5401 4th STREET:
This is a request to reduce the sideyard setback from 35 feet to 19 feet
where a side yard abuts a corner lot at 5401 4th Street.
Mr. Qureshi, City Manager, stated the Appeals Commission has recommended
approval of this variance request with the stipulation that the Fire Marshall
check to see if a firewall was needed along the rear wall of the garage build-
ing. Mr. Qureshi stated there was no need for a firewall so the Council
could, if they desired, approve the variance with no stipulations.
MOTION by Councilman Fitzpatrick to concur with the recommendation of the
Appeals Commission and grant the sideyard variance. Seconded by Councilman
Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion
carried unanimously.
UEST TO RED
Mr. Qureshi, City Manager, stated the Ap als Commission has recommended
approval of this variance to reduce the required 10 foot setback on the
living side of a house to 6.4 feet.
MOTION y Counc man Schneider tg/concur with the recommendation of the
AppeaYs Commissio and grant t variance. Seconded by Councilman Barnette.
Upon'a voice vote, 11 votin aye, Mayor Nee declared the motion carried
unanimously.
C. VARIANCE RE UE TO REDUCE SIDEYARD SETBACK TO ALLOW ADDITION
TO INDUSTRIA B LDING, BY RICHARD JARANSON, ACTION PATTERN
COMPANY, 7344 B -EEM STREET:
Mr. Qureshi, Ci Manager, st ed the Appeals Commission has recommended
approval of a variance to re ce the side yard setback from the required
25 feet to foot to allow the a ition to an industrial building.
Mr. Q shi stated, if the variance 's granted, a stipulation should be
added that the petitioner either work ith the neighboring property owner
to vacate the alley and pave that ports n or to work to close off the alley.
5 2 REGULAR MEETING OF JANUARY 7, 1980
Page 5
and industrial property. He stated, however, this might create a hodge-
podge the Council really didn't want. He stated the Metropolitan Council
stated the Council could rezone this property from industrial and commercial
to residential, without the consent of the land owners.. He stated the
suggestion�was,made to send`out notices to the property owners and have
the rezoning simultaneously with adopting the Comprehensive Plan.
Mayor Nee stated it bothers him that, if the Comprehensive Plan 's adopted,
the Council is, in effect, rezoning.
Mr. Qureshi stated the problem is that the Metropolitan Cou it is going to
provide some guidance, and unless the City follows their g idance, they will
be in 'he same position they were several years age.He tated the City
has brought up their housing grading points by allowing ection 8 housing,
housing fbr the Senior Citizens, low and moderate inco a housing, and other
programs t4t improved the City's rating for funding
Mr. Qureshi s ateda sizeable adjustment has been ade in the Comprehensive
Plan to reduce the number of units on the premis the City wishes to sustain
the population o the City. He stated what is roposed is essentially to
sustain the popul tion and He
additional _using for persons employed
in the City.
Mayor Nee felt the\reationship of jobs households was irrelevant as it
was not the City'sem to provide p ple to work for industry.
Mr. Qureshi felt, with th energy cr' is, this would become an issue as
people would be looking fo housing close to their employment.
MOTION by Councilman Barnette to able this resolution to the conference
meeting. Seconded by Councilm Fitzpatrick. Upon a voice vote, all voting
aye, Mayor Nee declared the mo i n carried unanimously.
J
APPOINTMENT OF ENERGY COPM19SION:
Councilman Barnet/Fitzpatrick
he has con cted Jim Langenfeld and he has chosen
to remain on the ntal Quality ommiss. and not to have his name
entered for consiof appointment o the Energy Commission.
MOTION by Councilto table th' item. Seconded by Councilman
Barnette. Upon ate, all voting a\yea Nee declared the motion
carried unanimous
NEW BUSINESS:
RECEIVING PL NING COMMISSION MINUTES OF DECEMBER 19, 79:
CONSID RATION OF POLICY ON PARK FEES:
Ms. Barb a Hughes, Chairman of the Parks and Recreation Commi sion, appeared
before a Council regarding their concern on the policy of par fees. She
stated he Commission felt the park fee was not very clear and ci d the
policy adopted by the Council in 1977, and then later revised, whit leaves
open he question of what the actual park fee should be, particularl on a
per ntage of value of the property.
Ms Hughes stated it is not clear whether that value is raw land, develope
1 nd, or sale price of the property, and felt it should be clarified. She
ated in reviewing the records of the park fee, there has been some change
s it was $300 and now is $500. She stated there doesn't seem to be any
correlation as to what is collected and where it is to be used.
Ms. Hughes felt the intent of levying a park fee is that the money will
definitely go into park programs or land acquisition.
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V4CORNER
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V4CORNER
Variance kequest
John & Vivian Partyka
5401 - 4th. Street
I -rte
124 WEST LAKE STREET R� P"•
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SO.RIPT 1 ON: LoTG 16, ANrl 17, QLOCK ! t , HVAI LTOU ADD$ T r ON TO 114CC&;AN l cry r LLE.
SCALE; in 3r] 1 '
w.,
eby certify that this
Zc�UnJOries of the Ian;]
is a true ani correct rFnrr_,ent�tii.iorl of a
survey
't .1 P. 1 hereon, and cit i v i
at;�,vel dc -scribed lind
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of t location of a I I
of
h�ri Idinc•�
e:•ncroaehnlc�n t; ,
i f any, f roll or on said
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land'
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