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VAR 07.79*:-A :,u[+peer AT THE TOP OF THE TWINS APPLICATION TO BOARD OF APPEALS LS COMMUNITY DEVELOPMENT DIV. j PROTECTIVE INSPECTION SEC. 1 s i 1 ^'1 CITY HALL FRIDLEY 55432 r NUMBER f2EV. DATE PAGE OF APPROVED 6Y sly Hca -;ss° 910-F23 1 3/2 /7 2 r" 800 Name Address Phone Legal Lot N61 Tract or Addn. G jBlo,4No. Description j$- /5x///c/. f6z< b" Variance Request(s); including stated hardships (attach plat or survey of property showing building, variances, etc., where applicable) / J. -205-073 44S,nE ''&9 ���- e.�� arc. �'� � Mod ZY Da� /O Meeting Date Feet' Receipt No. S g 110 STAAA dA Comments & Recommendations by the Boated of Appeals 42 �v City Council. Action and Date .` City of Fridley AT THE TOP OF THE TWINS s, • y- ------ COMMUNITY DEVELOPMENT DIV. � PROTECTIVE INSPECTION SEC. ; CITY HALL FRIDLEY 55432 i J 612-560-3450 Staff Comments weiccr APPLICATION TO BOARD OF APPEALS (Staff Report) NUMBER REV. DATE PAGE OF APPROVED BY 910-F23 1 3/21/.5 2 2 1 800 Board members notified of meeting by List members, date notified, and "Yes" or "No" for plans to attend hearinPlan Name T Date I To Attend Pearson making appeal and the following property owners having property within 200 feet notified: By Whom Name Anderson Development Co. f-6- / 9600 Valley View Rd a MN 55344 attn: R. J. Vesaas M /M Melvin Burton -5604 5th St. M/M David Peterson -5600 5th St. Central Dental Lab -5601 4th Street (attn: Robert & Charles Jaeger) Ms. Cheryl Johnson -5615 4th St. M/M Richard Kruse -5643 4th St. M/M Ralph Fuechtmann-5617 4th St. M/M Wallace Schmedeke-5616 4th St. N.E. N�XXJIRRje Stone -5610 4th St. M/M Andy Veres-5608 4th St. Mr. Edward Settevig-1907,,+pont Avenue South Mpls, Z' 55405 Valet Motors -5655 Univesity Ave. N.E. Ms. Tanya Larson -5519 4th Street N.E. CITY OF FRIDLEY APPEALS COMMISSION MEETING - JULY 11, 1979 CALL TO ORDER& Chairwoman Schnabel called the July 31, 19799 meeting of the Appeals Commission to order at 700 P.M. ROLL CALL& Members Present& Mr. Plemel, Mr. Kemper, Ms. Schnabel, Ms. Gabel Mr. Barna • Members Absent: None Others Present& Darrel. Clark, Community Development Administrator APPROVE APPEALS COMMISSION MINUTES& JUNE 26, 1979, MOTION by.Ms. Gabel, seconded by Mr. Barna, to approve the June 26, 1979 minutes of the Appeals Commission. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. V FEET FROM THE vesaas, Anderson Developmen Eden Prairie, Mn. 55344.) TH PROPERTY LINE AND REDUCE R E QUI E 3 EET TO 30 'EE , FOUR -FLEX TO BE LOCATED AT EE_ T N.E. Request by R. J. mpany, 9600 Valley View Road, MOTION by Mr. Kemper, seconded by Mr. Barna, to open the Public Hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE PUBLIC HEARING OPEN AT 7s4O P.M. Ms. Schnabel read the Administrative Staff Report as follows& ADMINISTRATIVE STAFF REPORT ' 5600-02-04•-06 -4th Street N.E. A. PUBLIC PURPOSE SERVED BY -REQUIREMENT Section 205.073 (4,A) requiring a minimum front yard setback of 35 feet in a multiple dwelling zoning district. Public purpose served by requirement is to allow for off-street parking with- out encroaching on the public right of way. Also for aesthetic consideration to reduce the "building line of sight" encroachment into*the neighbor's front yard. APPEALS COM14ISSION MEETING, JULY 31, 1979 - PAGE 2 Section 205.073, (4,B1) requiring two side yards, each with a width not less that fifteen feet, except where the -height of the building exceeds 35 feet, one (1) additional foot of width of each side yard is -required for each four (4) feet, or portion thereof, of building height in.excess of 35 -feet. Public purpose served by the requirement is to provide open space to the sines of apartment structures: Since normally an apartment's profile is higher and larger, a 15 foot side yard is required by the code. B. STATED HARDSHIP: This site consists of 16,147 square feet, which is large enough for a 4-plex. .Because the site is long and narrow we cannot meet the side yard requirement by two feet. With approval of the requested variances we can construct 2 three bedroom units, and 2 two bedroom units. Without the variances we could not utilize this property to the highest and best'use of the property because all four units would have to be 2 -bedroom units and there is a shortage of 3 bedroom tuck -under garages (rental units) in Fridley. C. ADMINISTRATIVE STAFF REVIEW: This lot is boarded on three sides by streets therefore making it a little dif- ficult to place a structure on it without encroaching into required set backs. .The building could be reduced in length by two feet, and in depth by 5 feet to meet the code. .The front of the structure will nearly be in line with the house to the north side, which has a front yard setback of 30.80 feet. The structure could be moved south two feet however then it would only be 33 feet off the south line. If the Commission recommends approval of these two variances requests the staff does not have any recommended.stipulations for consideration. Mr. Clark stated that about 1/3 of the lot was at one time right of way for.the freeway. That was processed through Council and through legal proceedings and that property has now been deeded to these properties to make them large enough to be utilized for a building structure. Mr. Clark showed the Commissioners a copy of the survey and pointed out that the right of way line was about 113 of the way from the west property line. Before the vacation, there was very little property available to build on. With.the addition of this property there is now ample space including adequate boulevard for snow storage and green area along the curb. Ms. Schnabel stated that she understood that the total square footage of the property met the requirements of the City. Mr. Clark stated that was correct and that 15,000 square feet is required for a four-plex and this exceeds that by.•.1,147 square feet. Ms. Gabel asked if there was a drawing indicating how the building would be situated on the lot? Mr. Clark showed the Commissioners the drawing. r-- APPEALS CODIMISSION MEETING, JULY 21, 1979 - PAGE 3 Ms. Schnabel referred to the Staff Report comments regarding the height of the building. r Mr. Clark stated that it would be a two story building with a walkout to the rear. Ms. Schnabel stated that then it would be two stories facing 4th Street and facing the frontage road to the rear it would be three stories including the tuck -under garages. Mr. Clark stated that was correct. Ms. Schnabel asked what the height of the building would be? Mr. Clark stated it would be about 20 to 22 feet high in the front and about 30 feet in the back. Ms. Schnabel stated that the code requires a 15,,foot...setback on the -north side and also a • 35 .foot - setback •on the; -Routh v.. property line. Mr. Clark stated that was correct. Ms. Schnabel stated that then if they shifted the building for any reason, there would still have to be a variance on the south side. Mr. Clark stated that was correct. Ms. Gabel asked if there were four tuck -under garages and also asked how much parking they have to provide for the structure? Mr. Clark stated there were four truck -under garages and they were required to provide 9 spaces, they would have 6 in the garages and 3 outside to meet the requirement. They are providing 12 parking stalls. Mr. Richard Anderson, the petitioner, came forward and stated that he and his partner,, Mr. R. J. Vesaas, were the owners and they were in the process of purchasing the property. Mr. Anderson showed the Commissioners a drawing of the proposed building. He stated that the situation they were confronted with was that they have ample square footage for the building but they didn't have the length. The people to the north of the property sit back about 30 feet from the street. They would like to set their building back the same distance. That would be a variation of about 5 feet. That would make them identical with the people to the north. Mr. Anderson stated that an office building is located across the street and also there is an office building to the east. To the south there is nothing and to the west there is nothing. They are.located at the corner of University and 694. It is an open corner with streets on three sides. APPEALS C0124ISSION MEETING, JULY __31, 1979 PAGE 4 - Mr. Plemel asked if this same unit was located elsewhere? Mr. Anderson stated they had built this same unit in Plymouth, North St. Paul and also St. Louis Park. He stated it was a good looking building. The other variance they were requesting was 2 feet on the side yard. The neighbor to the north is approximately 10 to 13 feet from the property line, so they would be -conforming their setback to the setbacks of the people to the north. The structure to the north is a single family structure. Further to the north.there are other four-plexes and at the far north end of the block a car dealership is located. So it is a mixed area. Ms. Gabel asked if they would have an area for screened. dumpsters? Mr. Anderson stated they would at the rear of the property, probably to the south property line. Mr. Kemper asked if this was being built as rental property or if they were planning to sell it? Mr. Anderson stated it would be a rental property. He noted that it would have two three bedroom units which are in demand. Ms. Gabel asked if they planned to rent to families with children if they have three bedroom units? Mr. Anderson stated that was correct. Mr. Plemel asked what the rental would be for a three bedroom unit? Mr. Anderson stated it would be about $350.00 a month. Ms. Schnabel asked what the width of the lots was? Mr. Clark stated they were 40 foot lots and the total width of the frontage was 120 feet. Mrs. Dorothy Veres, 5608 4th Street N.E., came forward and stated that she owned the house immediately to the north. She stated that she had no objection to anything being built on the property but was concerned about the setbacks. She did not want the proposed structure to sit closer to the .street than her home. She would prefer that the structure line up with her house or sit back further. Ms. Schnabel showed Ms. Veres the drawings of the proposed structure and explained that the building would line up with her home if the variances were granted. Ms. Veres also asked about the freeway property being deeded to them. She asked if the land behind them could be deeded back to her? R APPEALS COMMISSION MEETING, JULY 311 1979 PAGE 5 F Mr. Anderson stated the.deeding back had occurred within the last 30 days and suggested that Ms. Veres look into having the -property behind her deeded back. He thought it would be possible. Ms. Veres stated that another concern of hers was the parking problem. Ms. Schnabel explained that they would have parking to the rear and that they were providing ample parking to meet the requirements of the City. She showed Ms. Veres the plan indicating the plans for parking. Ms. Veres stated that she had no objection to parking in the rear, but was concerned about them parking in the front. Also, Ms. Veres questioned the height of the building because she was considering putting solar panels in her home. Mr. Clark stated that if the variances were granted, the building would be 23 feet away from her house and about 8 feet higher. He did not feel that the building would interfere with solar panels. Mr. Barna stated that she would have all the sun she would need and there would not be a shadow. Mr. Dave Olson, 5519 4th Street N.E., came forward and stated that he was concerned about traffic and parking. He stated they had a problem with the employees and clients of the dental office across the street parking in front of his home. There were not supposed to park there and it caused problems. Ms. Veres agreed with Mr. Olson and asked what they could do about that and was concerned that the four-plex would increase the problem. Ms. Schnabel suggested that if they have a problem with traffic and parking they could call the City and complain. Also, they could look into have stop signs installed and also signs regulating parking times. Mr. Olson stated he would have no objections to anything going on the lot as long as there was adequate parking in the rear. Ms. Schnabel explained the parking to him and stated the tenants would most likely park in the rear where the garages would be located. Ms. Veres stated that she had no further objections as long as the building lined up with her home. Mr. Olson stated that if there was ample parking he would have no objections. MOTION by Mr. Barna, seconded by Ms. Gabel, to close the Public Hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE PUBLIC HEARING CLOSED AT 8130 P.M. {i APPEALS COMMISSION MEETING, JULY 31, 1979 - P� AGF 6 Ms. Schnabel stated that the petitioner had demonstrated'a need for three bedroom units and agreed that there was a demand. There should be no problem in renting the -units. Mr. Kemper stated that they were concerned about two variances and asked if the neighbors understood the variances and if they had any objections to the variances? Ms. Veres stated that she did not have any objection to the variances. She had been under the impression that the building would be 5 feet closer to the street than her house and since the, building would line up with her house, she had no objection. As far as the side yard variance, she was concerned about windows'in the building. Her living room faced the proposed structure. Mr. Anderson stated there would be no windows on that side of the building. Ms. Veres stated that she would have no objections then. Ms. Schnabel stated that it appeared that the neighbors would like to see a building go in there. Mr. Plemel stated that it was a nice appearing building. Ms. Schnabel asked what the zoning was in this area? Mr. Clark stated that it was zoned R-3. Mr. Kemper stated he would have no objection. Mr. Barna agreed. Ms. Gabel stated that sine they would put in screened dumpsters, she would have no objection. MOTION by Mr. Kemper, seconded by Mr. Plemel, to recommend approval To Council of the request for variances to reduce the side yard set- back from the required 15 feet to 13 feet from the north property line, and reduce the front yard setback from the required 35 feet to 30 feet, and that the building should line up with the house to the north, to allow the construction of a four-plex to be located at 5600-5602-5604 and 5606 4th Street N.E. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. APPEALS COMMISSION MEETING, JULY 1, 1979 - PAGE 7 r 2•� REQUEST FOR _VARIANCES _PURSUANT TO CHAPTER 205 OF THE FRIDLEY M I A.U.UUuu TnE UU1v:i'1'tiUUT1UN UP' TWO DWELLINGS IN CPR -2 ZONING FLOOD PLAIN THE SAIAE BEING 8125 and 1 RIVERVIEVd TERRACE N.E. Request by Excalibur Homes, Inc., 7625 Highway #65 N.E., s Fridley, Mn. 55432.) Ms. Schnabel had announced at the beginning of the meeting and reiterated at this time that the petitioner had requested a postponement of this request for two weeks. Ms. Gabel stated that the letter -in the agenda mentioned three diagrams and asked that copies of these diagrams be included in the next agenda. Mr. Clark stated that they would have to be reduced and the printing would be quite fine, but.he would see that it was done. Ms. Schnabel stated that she would like the file to contain some input from the Engineering Department regarding storm sewers and sanitary sewers in this area. Mr. Clark stated that he had comments regarding the storm sewers but had nothing regarding sanitary sewers. Mr. Barna stated that in dealing with this area before, questions had come up regarding the sanitary sewers and asked Mr. Clark to have something regarding this for the next meeting when this item is. discussed Mr. Clark stated he would look into that. Ms. Schnabel stated they would like information regarding the impact on the load, the size of the pipes, etc. ADJOURNMENTS MOTION by Ms. Gabel, seconded by Mr. Barna, to adjourn the July 31, 1979P meeting .of the Appeals Commission. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWO14AN SCHNABEL DELCARED THE MEETING ADJOURNED AT 8x39 P.M. Respectfully Submitteds Ka-uny SnelTon, ecor ingecre awry CITY OF FRIDLEY 6431 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA 55432 TELEPHONE ( 612)571-3450 NOTICE OF PUBLIC HEARING e is hereby given that the Appeals Commission of the City of Fridley conduct a public hearing in the City Council Chambers at 6431 University Avenue Northeast at 7:30 P.M. on Tuesday, July 31, 1979, in regard.to the following: Request for variances pursuant to Chapter 205 of the Fridley City Code, to reduce the Side yard setback from the required 15 feet to 13 feet from the north property line, and reduce the front yard setback from the required.35 feet to 30 feet, to allow the the construction of a four-plex to be located at.5600, 5602, 5604 and 5606 4th Street N.E. 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 SCHNACEL CHAIRWOMAN APPEALGQPy�:ISIQN Item #1 July 31, 1979 ADMINISTRATIVE STAFF REPORT 5600-02-04-06 4th Street N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT Section 205.073 (4,A) requiring a minimum front yard setback of 35 feet in a multiple dwelling zoning district. Public purpose served by requirement is to allow for off-street parking with- out encroaching on the public right of way. Also for aesthetic consideration to reduce the "building line of sight" encroachment into the neighbor's front yard. Section 205.073, (4,B1) requiring two side yards, each with a width not less that fifteen feet, except where the height of the building exceeds 35 feet, one (1) additional foot of width of each side yard is required for each four (4) feet, or portion thereof, of building height in excess of 35 feet. Public purpose served by the requirement is to provide open space to the siaes of apartment structures: Since normally an apartment's.profile is higher and larger, a 15 foot side yard is required by the code. B. STATED HARDSHIP: This site consists of 16,147 square feet, which is large enough for a 4-plex. Because the site is long and narrow we cannot meet the side yard requirement by two feet. With approval of the requested variances we can construct 2 three bedroom units, and 2 two bedroom units. Without the variances we could not utilize this property to the highest and best use of the property because all four units would have to be 2 -bedroom units and there is a shortage of 3 bedroom tuck -under garages (rental units) in Fridley. C. ADMINISTRATIVE STAFF REVIEW: This lot is boarded on three sides by streets therefore making it a little dif- ficult to place a structure on it without encroaching into required set backs. The building could be reduced in length by two feet, and in depth by 5 feet to meet the code. The front of the structure will nearly be in line with the house to the north side, which has a front yard setback of 30.80 feet. The structure could be moved south two feet however then it would only be 33 feet off the south line. If the Commission recommends approval of these two variances requests the staff does not have any recommended.stipulations for consideration. STATED HARDSHIP: This site consists of 16,147 square feet, which is large enough fora 4-plex. Because the site is long and narrow we cannot meet the side yard requirement by two feet. With approval of the requested variances we can construction 2 three bedroom units, and 2 two bedroom units. Without the variances we could not utilize this property to the highest and best use of the property because all four units would have to be 2 -bedroom units and there is a shortage of 3 bedroom rental units in Fridley with tuck -under garages. r CITY Or- FRIOLUY, SUBJECT MINNESOTA COMMISSION APPLICATION RLEVILW mcnt/ rv►siom 14umutY Approved by Uote ADDRESSFILE NO/ COMPLETr= RE -:VIEW CHECKLIST i RETURN TO PLANNING - . walk MI — -- ►kWE ,. ,. A4 �: 1. I ■� 1 4-1 CITY OF FRIDLEY 6431 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA 55432 TELEPHONE ( 612)571.3450 S & R Investment Company 2970 13 A Street N.W. New Brighton, Mn 55112 Gentlemen: CITY COUNCIL August 18, 1982 ACTION TAKEN NOTICE Un August the Fridley City Council officially approvod your request for variances_for 5600 4th Street_ N E front yard.from 35' with Lhe stipulations listed below: to 30' Side 1. Petitioner work with City staff on Landscape plan. 16.25yard feetsetback to 2: The refuse containers be screened. 3. The outside stalls be marked so they are defined. 4. Petitioner can apply for building permit. If you have any questions regarding the above action, please call the Community Development Office at 571-3450. JLB/de Si.ncerel , ty Planner Please review the noted stipulations, sign the statement below, and return one ccpy to the City of Fridley. Concur with actior. taken. �Gi,