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VAR 05.79_. _,_ _�_ ...� ..._ w .�. v.,�.:,�..,� �..._.•.._®y,.. � _�...,�_ _. . � .. yam. �,� . �.. SUBJECT :. • r` CITY, ®-F)iR.IP];l.EaY.., - . n°nl kiia9®YA COMMISSION APPLICA'T'ION r � REVIEW. VeporlmGW V(sion, Number 1 liev Approved by Vale ` Fl, N 1 A® RE � �.w, FIL COMPLETE COPLETE REVIEW CHECKLIST// RET.URIM TO PLANNING ell CQMMr=NTS Vi Pn[��'1i,y �LJ � •i��,j r/ ro'� (y' �� /.� I► f rX eye) �� if`�`- k (it Ll KURT" SURVI�YI14i. Nce 4W2 JEFFERSON ST. N.E. j COLUMBIA HEIGHTS 56421 7 1�761� HMMY CCiiTllftl THAT TMIR 44111V9V. MAN. 4A IOR!'Oli1 IMAM tWPAQRC R1/ MR OA UNDRA MY PlagoT 4u,"m, 1610" AND THAT 1 AM A DULL R3611QTRRSD LAND ONnuvvOm MINIMA TNR "Will OF THR STATR DP MINNPOTA• DATE 2 '► SCALE N1E rfS'OT REGISTRATION NO. 5332 0;= IRON MONUMENT' , gM�t E=13'i0.lo�or 150, ?.1 �. � f 1H`.J (j 1L�ti.y t41 411��W t I n p 4 } dwsq% n . s e✓1 • 1iF t T t o }� � wo k'lil ri ' .k..�+�...�—.,. _ �,�_- +*4.y�¢4'sb' ` i k tit•, T�.(` '! r e ; 9 Cr ,' Q 1:•/ 1 j�v\• �Q� 1'lF,'V�1� i W �i 1 tp 5 1 JAR ON LA ta. .T Ami NQ.1� f' 50, `Z'`+./ '..'• �.f�. �,� r�! a� y 6 f�} t D1%K3� _ I T, 't n } p i L° •}' j17\rRIR1 .. i' 1. �i � r 9nH.j. 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Owe at t i .. la r;�• . t ,� t! a.� �,. a SOC �'_: � c _ d no 4 f �: �`•'�,r��r,� y`�'��7.:z�x 7"�i2+..ra"y:�i"�'M�,..'"�ds�w.��iad,P*'4.T,'.;, rr .�.az� n Harlan '.r8 `•:�.;:-�••-'3�+T `'Y�i?� •t�'s a _. �� _�• .. r _ �-Kirr � .y. .a 1.`° - • .. S KURTH SURVEYINQ, INC. x' 4002 JEFFERSOi4 ST. N.E. g. COLUMBIA HEIGHTS 55421 788.87 1 H 9V CCRTIPV THAT THIS CUIRVXY. PLAN. ON FMPCIT WAS PIMPAnED ®y MR OR UNDIl11 MY 01lttCT-"6Ul'tRVlfl0t{ AVID THAT 1 ADA A DULV /DS0141TMMSD LAND CURvQYOA UNQSOI THU LAWS OF TH= STATZ OF MINNFACTA• DATE SCALE 1 " ' I".45t 4ESOT' ,REGISTRATI014 NO. 5332 o—IRON MONUMENT - BM = TaP r%YD - IS 6`T4.GG t... 144,a'�ts tf GARAGE o 9 Q g F t : �1.g� '%--r �[.3 r _ t a 4 1 • r Jy i .as "0`. _ PP �" A � r . c� �, ,, " _ """fit, i �'�• t t - 1 ,1 .%9 ,r J. 19 Arl � Sq.O't r'C.l.OT1t6 POLE `+�{,4�T.fes LL j2 ON Ll Rt 0r;rb3 �r' ' DtSK V-_ �� I �1J $.tet'; t.,'� �• i U � ,rr ; a• , Lots 4,5, 6 & 7, Bl ock 11 NATE ._ TH 1 svt��k Hamilton's Addition to Clec�anicsville -r\A4c_FRoM Anoka County, Minnesota BRP,�c�or,tN,.'; P.c�S> AP p I+tC.A'�Ctot�S ' 0 V; RU LUqca �rj: , ADMINISTRATIVE STAFF REPORT 5430 - 5th Street N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.063, 1, requires not less than 10,000 square feet in lot area for a two family dwelling unit. Public purpose served by this requirement is to av®id the condition of overcrowding in a residential neighborhood. Section 205.065, 2, requires a 12 stall garage for each dwelling unit. Public purpose served by this requirement is to make provisions for off-street parking in cases where a garage is required and there is the indication that more than two parking stalls will be needed. The City requires a garage to be setback a minimum of 25 feet from an alleyway when the garage door is parallel to the alleyway. Public purpose served by this requirement is to allow off -alleyway parking without encroaching into the right of way. B. STATED HARDSHIP: The variances are needed to convert a single-family dwelling into a two- family dwelling. The garage is already built and after lot splits were granted, we are left with a 60 foot by 130 foot lot. Want to save open area in back yard. C. ADMINISTRATIVE STAFF REVIEW: Originally, this building site was comprised of Lots 4,5,6, and 7, making a total lot size of 160 feet by 130.21 feet. In December, 1978 the owner, Dan -Lan Development Corp., represented by Harlan King a company officer, applied for and obtained a lot split to split off from this site, the s2 of Lot 6 and all of Lot 7 to build a two-family dwelling on, and sold Lot 4 to add onto the lots to the north to build a tri-plex o'n. This building site was consequently reduced by the lot split and the selling of Lot 4 to only 7,812 square feet from the original 20,833 square feet. As of this date, Lot 7 and the S2 of Lot 6 are vacant and still owned by Dan -Lan Development Corp. and could be added back to this building site to prevent any variances from being necessary, on either this building site or the building site made up of the S2 of Lot 6 and all of Lot 7. The variances for lot area and side yard setback that were approved in January of 1979 on Lot 7 and the S2 of Lot 6 have now expired from non-use as the two family dwelling that was to be moved in has not been done and no building permit has been applied for by the owner for a new structure. vT� �49"'- — v J � 0 � �� Y -n Far Interni-Vse CITY OF FPIOLEY, MINNESOTA (612) 571-3450 SUBJECT APPLICATION TO APPEALS COMMISSION porlmenl ry s pn, um er PUBLIC WORKS/CODE ENFORCEMENT 910-F23 Rev 2 age 1 of 2 jApproved-by Date 800 7-17-79 Name Address Lm L ellma rv30 rf A s Phone a` LegalBloc�jNo. DescriptionAjN Tra t or. dn.� Variance Requests attach lat or survey of property showing building, variances, etc., where applicable) - , "� /,0,/USD List specific hardship(s) which requires the var ance(s) Zf4:2� . ae Meeting Date Fee Receipt No. a(gi'11511)L0 Signature Comments & Recommendations by ® the Appeals Commission # , City Council Action and Date Far Interni-Vse I Y For Internal use - V"rw SUBJECT CrrV,0F,FR10LMVs APPLICATION TO APPEALS COMMISSION (Staff Report) pertmen17 5 sooNumber Rev page Date Approved by PUBLIC,WORKS/CODE ENFORCEMENT 910-F23, 2 2 of 2 800 7-17-791, Staff Comments. Board members notified of meeting by List members, date notified, and "Yesil or "No" for plans to attend hearing. Plan Name D te, TPjAttend Person making appeal and the following property owners having property within 200 feet notified: By Whom Nam Date Phone or Mail Notified Sacred Heart of Jesus Polish Catholic Church 420 22nd Avenue N.E., Mpls. Mn 55418 Bryant -Franklin Corp. 7921 Beech St.".I.E. Richard Traczik-12315 Gladiola N.W. Coon Rapids, Mn 55433 Mr. & Mrs. Harlan King, 5430 5th St. N.E. Dan -Lan Development Corp. 2518 Jackson St. N.E. Mpls. 55418 M/M Steven Smith, 5423 4th Street N.E. Joseph Vasecka, 5427 4th Street N.E. Mrs. Luroy Krumwiede , 5435 4th St. N.E. Mr'.- & Mrs. Mike O'Bannon, 5298 Filmore St. N.E. Obert Amundson, 3217 Windhurst Ave. N.E. Mpls 55418 Curtis Bostrom, 5652 Regis*Trail N.E. Larry Noble. 950 Highway #10, Mpls, MN 55432 E. Duane. & Joan Huie, 4031 Bethel Drive Apt. 11, St. Pau 1s,, Mn 55112 For Internal use - V"rw APPEALS C014TiISSIOTJ TIEETINGi 14AY 27,x, 19$0 PAGE 4 2. REQUEST FOR VQ *ICES PURSUANT TO. CHAPTER 205 OF THE FRIDLEY CITY DE, TO 12 U= E A"E M 6QUARE FOOTAG_, OR A DOUBLE BUNGALO'I FIZOi',i 101000 SQUARE FEET TO 71800 SQUARE FEET: AND Ru'DUCE' THE DRIVE'JAY SETBAC'ii F:{Oc:i PUBLIC RIGHT-OF-I^JAY FROM TIff Rf I RED 25 FEET TO 20 FEES All D RS'DUCE T14E : REQU I llED GARAGE. STALLS FOR A DOUBLE BUNG ALO aJ FRO -P,, 3 STALLS TO 2 STALLS, TO ALLOW A ONE FA'iILY D;.",IE'LLII"IG TO BE CONVERTED TO A TWO FA•iILY- LOT ; . AND THE NORTH H �5th STREET N. E. Request by Harlan. L. King, 5430 5th Street N.E. , Fridley, 1.1inn. , 55432) I9 OTION by 1- r. Barna, seconded by IV'Ir. P1emel, -to open th-e Public r_= Hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SCHNABEL, DECLARED THE PUBLIC HEARING OPENED . AT 7:50 P.M. This. Schnabel then read the staff report: ADMINISTRATIVE STAFF REPORT 5430 - 5th Street N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.063, 1, requires not less than 10,000 square feet in lot area for a two family dvielling unit. Public purpose served by this requirement is to avoid the condition of overcrowding in a residential neighborhood. Section 205.065, 2, requires a 131-2 stall garage for each dwelling unit. Public purpose served by this requirement is to make provisions for off-street parking in cases where a garage is required and there is the indication that more than two parking stalls will be needed. The City requires a garage to be setback a minimum of 25 feet from an alleyway when the garage door is parallel to the alleyway. Public purpose served by this requirement is to allow off-al.leyway parking without encroaching into the right of way. B. STATED HARDSHIP: The variances are needed to convert a' single-family dwelling into a two- family dwelling. The garage is already built and after lot splits were granted, we are left with a 60 foot by 130 foot lot, 14ant to save open area in back yard. Ms. Schnabel .questioned if I,Is. Foster had anything. to. add? PIs. Foster stated that they have tried to deal with the concerns that were expressed -since she had last been before the Commission, and that she would answer. any questions if the Commission, had any questions. 141s. Schnabel then questioned if there was anyone in the audience that would like to spear on this item? There was noone in the audience to speak on this item. Ms.. Schnabel and Mr. Barna expressed their satisfaction with ,Rauenhorst in in the new site plan, and their dealing with the concerns of the neighbors. ° I�Ir. Kemper stated that he felt that the purpose of the ordinance was still being raet, if this variance was granted. 1 Ms. Schnabel questioned if they were planning on putting in any i plantings in the drainage area's � Ms.,Foster stated that no, it was not possible, because there would only be about one foot of soil, in the area, which would only _ be sufficient for sod. Ms. Foster stated that the drainage area is calculated to be able. to _handle E inn -hes of vvater in a 24 hour period. MOTION by ,Ir. Plemel, seconded by Mr. Kemper to close the Public Hearing. UPON A.VOICE, VOTE ALL VOTING AYE, CHAIRPERSON SCHNABEL DECLARED THE PUBLIC HEARING CLOSED AT ' 7s47 P.M. Mas Gabel stated that she also was impressed with the site plan, and she felt that they have made a good attempt at meeting the concerns expressed. She further stated that she would like either Rauenhorst, by themselves, or in conjuction with the City Council,,. though, to deal with the traffic flow. She stated that she would like to see some thoughts given to how best the traffic could be kept off of 61st which is residential and onto 57th. P,.OTIONby IJr. Plemel, seconded by 111r. Barna, to recommend to the City Council, approval 'of the request .for a variance pursuant to Chapter 205 of the Fridley -City -Code, to reduce the rear yard.setbacY from 25 Feet to 21 Feet for a building addressed as 5750 Llan Street, Part of a proposed 3 building Complex, addressed as 5730, 5750, and 5800 Main Street N.E., Located on Lot 3, Auditor's Subdivision -No. 78. (Request by Rauenhorst.Corporation,. 7900 Xerxes Avenue South, Mpls, Minn'.) UPON A VOICE VOTE, ALL VOTING AYE,.CHAIRPERSON.SCHNABEL, DECLARED THE MOTION CARRIED ' UNANII.IOUST.Y. APPEALS COP,9P;:I SSION MEETING i`;i v 27 , 198 ci PAGE C. -ADMINISTRATIVE STAFF REVIFI Originally, this building site was comprised of Lots 4;5,6, and 7, making a total lot size of 160 feet by 130.21 feet. In December, 1978 the owner, Dan -Lan Development Corp., represented by Harlan King a company officer, applied for and obtained a lot split to split off from this site, the s2 of Lot 6 and all of Lot 7 to build a two-family dwelling on,.'and sold Lot 4 to add onto the lots to the north to build a tri-plex on. This, building site was consequently reduced by the lot split and the selling of Lot 4 to only 7,412 square feet from the original 20,833.square feet. As of this date, Lot 7 and the S2 of Lot 6 are vacant and still owned.by Dan -Lan Development Corp. and could be added back to this building site to prevent any variances from being necessary, on either this building site or the building site made up of the S'? of Lot 6 and all of Lot 7. The variances for lot area and side yard setback that were approved in January of 1979 on Lot 7 and the S2 of Lot 6 have now expired from non-use as the two family dwelling that was to be moved in has not been done and no building permit has been applied for by the owner for a new structure. 1.1s. Gabel questioned if the garage was. legal where it was pre- sently bir. Clark stated that no it was not. Mr. King stated that was one of the stipulations for the owner of Lot 4, that they would. h�ave to wove the garage -for i', r, King. Mr. Icing stated -that 7pan7Lan no longer owns :the South of 6, c-xid Lot 7. Ms. Schnabel questioned if 11r. Ding knew was the pl Pais were fur the So.a of Lot 6 and Lot 7? 1r. :ming stated that the owner planned to build a double. Dir. Clark stated that the o,,vner' Would now have to reapply, because the variance had e<cpired from non-use. He stated that for anyone ' to .build a double bungalow on the So. z of Lot 6 and Lot 7, they would have to reapply for a variance. Tris. Gabel questioned if they wore planning to do any work on this structure to make it into a two family dwelling? Mr. King• stated that it is a basement with a -walkout," and they do not use this area. He stated that it would be about 600 square feet, and a one bedroom area. Psis. Schnabel questioned if he planned to add to the size of the structure in anyway? Mr. King stated that no he did not. He ,would enlarge two windows, finish new walls rnd ceiling, and possibly a new shower stall, mid add a bathroom vanity, and enlarge the bathroom already -there. He Further stated that there would be minor electrical, and plumbing to be done. lie stated also he would put .in the kitchen, and the kitchen appliances. He otat-ed that he would do most of the work himself. Z APPEALS 001�1,.IISSION MEETING MAY 27, 1980 PAGE 6 Ms. Schnabel questioned where IAr. King planned on placing the + garage? Mr. I:ing stated that now the garage faces the street, and this is the only driveway on the block. He stated that he wanted to turn it around so that it would face the alley. He'stated that if he had it turned around sideways with the alley, it would cut up his yard. He stated that it would not be attached to the house. Mr. King stated that this area was zoned R-3 and that it iq the only single family dwelling on the block. Ms. Schnabel questioned how many vehicles Mr. King has? Mr. King stated that he has three vehicles. Mr. Schnabel questioned how'' he was planning to manage three vehicle and possibly a tenants vehicle? Mr. Kemper asked if DIr. Clark could point out on the aerial picture 'the homes in the area that have garages. Mr. Clark pointed out the garages. in the area, and stated that on 5th Street there are no garages. Mr. Clark stated that the code stated that -there is to be one, and one-half parking stall garage for each occupant. Mr. King stated that his garage is 26 long by 20 wide. • IVIs. Schnabel questioned how many feet off the property line would they move the garage? Mr. King stated that -it would be five feet off the property line. He further stated that he planned a patio and he would then extend the pavement along the garage for extra parking for his van and other vehicles. He also stated that the garage would be five feet from,the house also. Mr. Kemper questioned if this single family dwelling, with an apartment in the basement would qualify as a double bungalow? Ms. Schnabel stated that she could not answer that. Mr. Clark stated that he didn't -think that this qualified as a double bungalow, as he felt that would be a rambler with the quarters side by side, he stated that it would be a'two family dwelling, or a duplex. ills. Schnabel then read the City's definition of a double bungalow. The vommission concurred that this would not fit the description of a double bungalow. A.PLA G mgISSIQN " "m SING MAY-221-1980 PAGE 4s. Gabel questioned whether they should apply the zoning-req,uir- ments of R-3, or the requirements for the type of building it would be such as a duplex, or double bungalow? Ms. Schnabel then read the City's definition of a duplex, and the definition for an apartment. She stated that she felt that this would be then called a duplex. Mr. Kemper then asked what the requirements for a duplex in an R-3 zone would be? Ms. Schnabel stated that all it states would be the requirement for 1 and * stall garage for each unit, and two off street parking stalls, and -no - front, yard parking. t Mr. Plemel questioned if Mr. King. had any floor plans of the f lower level? Mr. King stated that it was a rough.drawing, and then showed the Commission the drawing. Discussion ensued as to which requirements this type of dwelling , would be categorized,under. Ms. Schnabel stated that the lot width of 60 feet, also does not. k meet the requirement. I�'f s. Gabel stated that in the past if.a person built. a R- Krause in an R-3 zone, they would have, to meet all the requirements "! for an R-1 zone. 4r.,_ Barna questioned if the basement was fully excavated out, even the jog of four feet .out the front? Mr King: stated that yes it was. Mr. Kemper 'questioned if the reason for the . request for this change` in the house was because f+'1r. King and his wife di4n''t, use the room in the basement, and therefore would like to Oonvert' l it to a.one bedroom unit for added incomes Mr. Ming stated that yes this was the case. i Nr. Kemper stated that he would like to talk about the hardship. He then explained that one of the requirements for a variance being granted was that there be a definite hardship. STs. 'Schnabel stated that there is confusion at this paint. Shi '. stated that she felt that.the City needs to get a,clear picture. of this situation and a specific way of handling this request,, as she feels that this may be the way of the future. bis—Schnabel stated that.she felt that the staff would have to come up with .definite. requirements and definitions for this,, and that she would like to, weet With them and have this item tabled to .the Tune 10, 1980 Appeals Commission meeting: APPEALS_ CO?,11,1iISSION MIEETING P.,A6C 27 2- x.98,0 . PAGE 8 !Nlr. King questioned if the Commission could deal with the variance k regarding the moving of the garage this evening? Ms. Schnabel questioned if anyone in the audience would want to speak on this item? Mr. Richard Tkaczik stated that he owned the other lot, and that he would like to have the garage moved so that he could begin his plans for the lot. :pis. Gabel questioned that under the provisions of the lot split, couldn't Mr. King move the garage? Ms. Schnabel stated that if Mr. King put the garage the required- 5 feet from the house, he would have a 25 foot driveway. T.Ir. Clark stated that personally he would rather see the garage 10 feet from the house, and setback only 20 feet for the driveway. awls. Schnabel questioned if they hadn't given variances for other garages in that area? Mr. Clark stated that they had granted two variances down the block, and the garages were setback 20 feet. ' 14s. Schnabel stated that since this was not R-1 the City Council . has the fin,,.l approval, and that they like to look at all the variance requests as a package. Isis. Schnabel stated, that they could have the assurance that the garage would be roved, and that she doubted tthat Ex. Tkaczik could get going on his property any sooner than it would take Mr. King to have his requests handled. MOTION by FIs. Gabel, seconded by Mr. Barna to table agenda item 72 to the June 10, 1980 Appeals.Conunission meeting. i UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SCHNABEL DECLARED THE MOTION PASSED UNANIMOUSLY. 3. REQUEST FOR A VARIANCE PURSUANT TO CHAPTER 214 OF THE_FRIDLEY 0I1.L To INCIREASE _AR EXISTING SIGN FRO -'150-,S Q U AR E FE_aT T 0 S'QUA-3 rFaT, TO LO'- THE ADDITION OF A_ FT. MIESSAG�'3, BOARD TO BE ADDED TO THIS EXISTING SIGN, LOCATED ON LOTS 5 , J, AND 7, BLOCK I. VALLEY VIEW ,.iANOR. THE SA.1E BEING ry HIGHIJAY - N.E. Request by Eugene Kreuzkemper, T8__81 highway s N.E. , Fridley, :''N. 53432). LOTION BY Ex. Kemper, seconded by .Is. Gabel, to "open the Public Hearing UPON A VOICE VOTE ALL VOTING AYE, CHAIRPERSON SCHNABEL DECLARED THE PUBLIC HEARING OPENED AT 9 e 10 P . I'd. City of Fridley APPEALS COMMISSION MEETING TUESDAY JUNE 10, 1980 PAGE 1 CALL TO ORDER. - Chairwoman Schnabel called the meeting to order at 7:36 p.m. She then introduced the new recording Secretary, Patricia Rin.dahl, to the Commission members. ROLL CALL: Meaubers Present: Virginia Schnabel, Patricia Gabel, Alex Barna, Jim Plemel Members Absent: Richard Kemper Others Present: Darrel Clark, Chief Building Official APPROVE APPEALS COMMISSION MINUTES: MAY 27 1980 Ms. Schnable asked that the word "was" be changed to "what" on page 5, fifth paragraph, and also. that the vpro d should be "thought" on page. 14, fourth paragrph on the third line dow. MOTION by Barna, seconded.by Gabel, that the Appeals Commission minutes of May 27,1980 be approved as amended. Upon a voice vote, all voting aye, Chairwoman Scluiab&l declared the motion carried unanimously. 1• TABLED: AMENDED REQUEST FOR VARIANCES PURSUANT TO CHAPTER 205 OF THE. FRIDLEY.CITY CODE, TO REDUCE THE REQUIRED SQUARE FOOTAGE FOR A DOUBLE BUNGALOW FROM 10,000 SQUARE FEET TO 7,800 SQUARE FEET: ARID REDUCE THE DRIVEWAY SETBACK FROM PUBLIC RIGHT-OF-WAY FROM THE REQUIRED 25 FEET TO 20 FEET: AND P.EDUCE THE REQUIRED GARAGE STALLS FOR A DOUBLE BUNGALOW FROM 3 STALLS TO 2 STALLS: AND REDUCE THE FLOOR.AREA•FROM THE REQUIRED 650 SQUARE FEET TO APPROXIMATELY 590 SQUARE FEET, TO ALLOW A ONE FAMILY DWELLING TO BE CONVERTED TO A TWO FAMILY DWELLING (PROPERTY ZONED FOR MULTIPLE DWELLINGS), LOCATED ON LOT 5, AND THE NORTH HALF OF LOT 6, BLOCK 11, HAMILTON'S ADDITION TO MECHANICSVILLF., THE SAME BEING 5430 5TH STREET N.E., FRIDLEY, MINNESOTA. (Request by Harlan King, 5430 5th Street N.E., Fridley, Minnesota'55432). Mr. -King.,: -the petitioner, was present. 2IiYiION by Mr. Barna, seconded by Mr. Plemel, to remove from -•the table. UPO:XT -A-VOICE'.COTE, ALL VOTING-AYF;—C11AIP,1?,O11AN- SCHNABEL DECLARFP THF MOTION--= _' - CARRIED M, ANII,,fOUSLY. Chairwoman Schnabel said the staff report had been read at the May 27th meeting. Mr. Clark stated that the requested 590 square ft. would be an allowable size for an apartment but not for a.two.family dwelling. A].so$ the Uniform Buidling Code requirements are for one room in an apartment .to be 150 square ft., while a bedroom most be 70 square feet. Ms. Schnabel stated the Appeals.commission could require more footage for ruoms in the dwelling. She questioned Mr. King on whether or not he could turn the garage entrance to have the driveway run parcel to the alley. Appeals Commission Meeting June 10, 1980 Page 2 Mr. King said he preferred not to do it that way because he would lose too much yard space. He still preferred to set it back 20 feet from the alley. Mr. Plemel asked if the upper level was the same square footage of the basement? Mr. King said that it was. - - - - - - - MOTION by. Mr. Plemel, seconded by Ms. Gabel to close the public hearing. Upon a voice vote, all voting aye, Chairwoman Schnabel declared the public hearing closed at 8:20 p.m. Ms. Gabel said it was her understanding that one time the petitioner owned enough land to do this without a square footage variance, therefore his hardship was really self-imposed. Mr. Clark agreed Mr. Barna asked Mr. Clark if the requirments were for a double entrance. Mr. Clark stated that one exit was required. MOTION BY Mr. Barna, seconded by Mr. Plemel, to' approve the variances as requested. Ms. Gabel, and rbc. Plemcl could not agree that the hardship was such that. four_ variances should be granted. Ms. Schnabel stated thatmore and more people would be wanting to convert single- family dwellings into two-family dwellings and that the Commission would have to adopt a policy on this issue. She also said that the cost of housing was so prohibitive for many people, so that the Commission was granting more variances for remodeling than it had done i -t the past. Mr. King said that he was going to school at the present time, and the unused space in his home was being taxed. He stated that friends had encouraged him to go ahead and convert his home into a two-family dwelling without the Commission's approval. However, he believed in applying for a variance permit. Now, he questioned if he was right. Mr. Barna agreed that Mr. King could do that, and that was why he made the motion in favor of this request so that Mr. King could do the converting legally. UPON A VOICE VOTE ON THE MOTION THAT ALL FOUR VARIANCES BE GRANTED, Ms. Shanabel and Barna, voting aye, Mr. Plemel and Ms. Gabel voting nay, Chairwoman nabel declared the motion failed because of a tie vote. MOTION by Mr. Plemel, seconded by Mr. Barna, to recommend to City Council, through the Planning Commission, to approve one variance to reduce.the driveway setback from public right-of-way from the required'25 feet to 20 feet. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Clark stated that under the law, persons related by marriage or blood are permitted to live in the same house. Mr. Schnable stated that this did not necessarily mean a separate apartment, and the term Mother -in -Law apartment was not used any more. ChairVoman Schnabel stated that there should be clarification as to whether the housing unit should be.called a bungalow, duplex, or basement apartment. She told Mr. King that this request would go to the City Council on the 7th of July. Mrs. Schnabel suggested that Mr. King talk to Jerry Boardman, the City Planner, about this property. APPEALS COMMISSION MEETING JUNE 1021980 Page 3 Mr. King asked if he could rent the basement apartment as just a room? Mr. Clark said that Mr. King -could rent aroom out to college students. He said that under Section 205.051 (assessory uses) of the Fridley City Code, he could not rent his basement apartment out to more than 2 persons. Ms. Schnabel said that this section of the Code applied to R-1 zoning and Mr. Kings house was in R-3 zoning. She again suggested that Mr. King talk to Mr. Boardman of the City.�Planning Department, as he may be able to come up with another idea on the request. Mr. Clark said the request would go to Council on the first Monday in July. 2. VARINACE REQUEST PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY CODE, TO REDUCE THE REQUIRED SIDE YARD SETBACK ON THE LIVING SIDE OF A DWELLING FROM 10 FEET TO SIX FEET, TO ALLOW THE CONSTRUCTION OF A 22 FT. BY 22 FT. 2ND STORY ADDITION TO AN EXISTING GARGE, AND FOR A FIREPLACE WITH A ONE -FOOT EXTENSION, LOCATED ON LOT 1 BLOCK 1, PARKVIEW OAKS FIRST ADDITION, THE SAME BEING 1181 HATHWAv LANA}, FRIDLEY MINNESOTA,. (Request by G. Sallese; 1181 Hathway Lane N.E., Fridley Minnesota 55432). Mr. Sallese the petitioner, and his builder; Mr. Melcher, were present. MOTION by Mr. Barna, seconded by Mr. Plemel, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, GHAIRWOMA14 SCHNABEL DECLARED THE PUBLIC " HEARING OPEN AT 8:25 P.M. Chairwoman Schnabel read the staff report. ADMINISTRATIVE STAFF REPORT 1811 Iiathaway Lane N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: - Section 205.'053, 4B, requires a minimum side yard setback of 10 feet for living area. Section 205.154, 6, requires a chimney to extend not more than 2 feet into a required yard. Public purpose served by these requirements is to maintain a minimum of 20 feet between Jiving 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. B. STATED HARDSHIP: "Need above grade family room and energy fireplace. Not sufficient eating area in the present kitchen arrangement and the kitchen is to dark at present.. -This addition will provide needed area instead of moving.". Appeals Commission Meeting June 10, 1980 gage .4 C. ADMINISTRATIVE STAFF REVIEW: The existing garage is 7 or more feet away.from the west lot line, the --petitioner would like to construct -living area above the existing garage. They also want to build a 1 foot. chimney up the outside of the new con- struction which will be 6' from the west lot line. 'therefore, the variance approval necessary to complete the construction is to reduce the side yard for living area from 10 feet to 7 feet and the side yard for a chimney from 8 feet to 6 feet. If the Board approves this request the staff has no suggested stipulations. Mr. Clark asked the petitioner how far from the lot line the actual chimney would_._.—„_, bel Al Melcher stated that the garage was going to be 20 feet wide by 22 feet deep, and the problem was that there was a six foot easement on the side of the house. He asked if he could be allowed to go 9 inches into the easement. Mr. Clark said that Mr. Melcher should get letters from tl,}'e utility companies to extend the chimney 9 inches into the easement. If must also be approved by.the City Council and it was the Council who could allow the encroachment into the utility easement if the utility companies did not object. Mr. Melcher asked if NSP was the only utility company involved. Mr. Clark told him that all the utility companies were involved. Mr. Melcher said that this was not impossible, but just about. Chairwoman Schnabel said that the request would.not have to come back to the Appeals Commission,. if the approval was obtained. Mr. Metcher stated that there were approximately 17.5 feet between living areas. Mr. Sollese stated that the present size of his home was too small for his family of 4 people, and that was -why he was requesting the variance. Chairwoman Schnabel asked if there was anyone in the audience who wished to speak on this variance. There was no response. Ms. Gabel asked the petitioner how big his present kitchen was. Mr Sollese said there was not enough room to eat. Mr. .Plemel asked Mr. Sollese if he could do without the fireplace. Mr. Sollese said he wanted to use the fireplace for supplemental heat for the house. Mr. Melcher said that the chimney could be pulled back 5 inches into the garage; Ms. Gabel said that would cut down on the garage space. Mr. Melcher said he would prefer moving the chimney into the garage rather than apply to the utility companies for an encroachment into an easement. Chairwoman Schnabel said the variance would be granted with the.stipulation that the utility companies allow the encroachment unless the petitioner decided to extend the chimney into the garage area. If the petitioner decided to move the chimney into the garage, and stay off the easement, the item would not have to go to the City Council. Mr. Clark stated that if the petitioner was to alter the plans to meet the 6 foot set- back, the Commission' could approve this request. 182 � REGULAR MEETING OF JULY 7, 1980 PAGE 4�I Mayor Nee felt he would like clarification where land could be rezoned condominiums. Councilman Schneider stated the matter of condominium conversions vi/dis- cussed dis- cussed at the League of Cities Meeting in Duluth and, apparently; he state - - - - ' — law -takes a lot of authority from cities as to what they canor annot do, but\doesn't override any zoning. Mr. H rick, City Attorney., stated the City may adopt an or finance for an 18 mon moratorium on conversions, if after a public he ing, the Council finds th t the conversions would create a shortage of s table rental dwellings available to low and moderate income individuals or f ilies, or it reduces the low•an moderate housing stock to establish or intain the City's eli- gibility fo any federal or state program providi financial assistance for housing in th1k City. Mr. Herrick felt\it would be up to the Councif to define the shortage, but there should be s6 finding by the Council o substantiate this at the public hearing. I Councilman Schneider s ted there is n requirement the City be notified when a conversion is taking p ce. Mr. H rick felt this could be required in an ordinance so there is some rocess o make the City aware a conversion is taking place. I Mr. Herrick submitted copies o e Minneapolis ordinance and State statutes so these could be made availabl to a Council. I Councilman Barnette felt is would be n area which would be of interest to j the Community Developmen Commission and he following motion was made. MOTION by Councilman rnette to refer this estion on condominiums to the Community Developmen Commission for suggestio and advice. Seconded by Councilman Fitzpatr ck. Upon a voice vote, all ting aye, Mayor Nee de- clared the motion arried unanimously. RECEIVING THE P ANNING COMMISSION MINUTES OF JUNE 18, 80: CONSIDE TION OF A REQUEST FOR SPECIAL USE PERMIT, S 80-05 (EXTENSION OF SPECI USE PERMIT) TO CONTINUE AS MOBILE HOME SALES L 7151 HIGHWAY #65, REYN D E. SWANSON: MOTION y..Counci,lman Schneider to conc-unwi:th the recommendation o the Planning Commi ion and grant Special Use Permit, SP #80-05, with no stipulat ns. Seco ded by Councilwoman Moses. Upon a voice vote, all voting aye, Ma r Nee de ared the motion carried unanimously. APPEALS COMMISSION MINUTES OF JUNE 10, 1980: CONSIDERATION OF VARIANCE REQUESTS -TO REDUCE SQUARE FOOTAGE FOR DOUBLE I BUNGALOW, DRIVEWAY SETBACK, REQUIRED GARAGE STALLS AND REDUCE FLOOR AREA, ! 5430 51H STREET, HARLAN KING: Mr. Flora, Public Works Director, stated this is a request for four variances ! to '1) reduce the required square footage for a double bungalow from 10,000 ! square feet to 7,800 square feet; 2) to reduce the driveway setback from public right-of-way from the required 25 feet to 20 feet; 3) to reduce the required garage stalls for a double bungalow from 3 stalls to 2 stalls; 4) and to reduce the floor area from the required 650 square feet to approximately 590 square feet, to allow a one family dwelling to be converted to a two family dwelling. Mr. Flora stated the Appeals Commission has recommended denial of the variances, with the exception of the variance for the driveway setback. 181 REGULAR MEETING OF JULY 7, 1980 PAGE 3 NEW BUSINESS: - CONSIDERATION OF NEW PUBLIC NUISANCE ORDINANCE: \t. , Public Works Director, stated, based on the Council's direction, a nuisance ordinance is submitted for the Council's consideration. stated the League of Cities and surrounding communities were contacted e information regarding their nuisance ordinances and methods of enfor e- ( stated, in the draft before the Council, nuisances were defined whitalth, safety, peace, safety and welfare. Mr. Flora stated this ordinnce ce Chapter 110 of the existing City Code and although there is a s 'ght duplication in other ordinances, this ordinance provides a means of abatemen and control. Mr. Herrick; Ci Attorney, felt this draft should be submitted to his off'ce and Carl Newquist as public nuisance violations are difficult to prosecu e. Mayor Nee questione Item 16 on Page 3 of the draft ordinance, as he fel this it didn't make sense. M Flora stated the word "lawful" should be change to "unlawful". MOTION by Councilman Fitzp trick to refer this draft ordinance to th City Attorney and to bring it ba to the Council for the first meeting 'n August, after the Attorney's review. Seconded by Councilwoman Moses. Upo a voice vote, all voting aye, Mayor Ne declared the motion carried unani ously. Mr. Qureshi pointed out, when an rdinance is adopted, it puts me liability on the City to enforce it and if.t s is not done, the City is open for damages. Councilman Schneider stated many it in this ordinance are resently in existing codes, however, the scope has been br dened. { Mayor Nee questioned if there are any it ms in the ordina a the Council wasn't willing to enforce. Councilman Fitzpatrick felt this would be t� purpose f the review by the City Attorney. Mr. Herrick, City Attorney, felt there are two oaches to public nuisances, either to have a short general statement or tog into enumberating specific violations. He felt, if they go into specific klations, it should be looked at very carefully. Mayor Nee also pointed out hattSection 110.06 covers the abatement of nuisance by the City Council, bu the paragraph goes on to make it an administrative abatement. , Mr. Herrick stated he had some concern ab t a procedure where a City official" sends out a.notice about a nuisance and 'ves a certain keriod of time to abate this nuisance. He stated, if it 'isnot abated; and the City goes in and pro- ceeds with the abatement, but does no give that person an§\opportunity to ap- pear at a hearing to give their opini n or'offer evidence whether it is or is not a nuisance, and a suit is brougr against the City, and the court doesn't agree the person was given due pro ess, the City could be liabiq. He stated it is his recollection the prese ordinance provides an intermediate step of a public hearing where a person as an opportunity to come before`Jhe Council. CONSIDERATION OF PROPOSAL FO .REGISTRATION OF CONDOMINIUM CONVERSIONS\ Mr. Flora, Public Works DVrector, stated questions have been raised regal* ing condominium conversions' uch as converting existing rental property to con o- miniums, converting a co_ to condominiums, and conversion of land for con o- miniums. He thought ossibly the City should have an ordinance that addresse condominium conver ions, or have control, through the licensing department, of .condominium c versions. - - -- - M REGULAR MEETING OF JULY 7, 1980 PAGE 5 Mr. Flora stated the applicant at one time had owned four lots and in 1978, these were split and sold. He stated the Appeals Commission felt, therefore, this was a self-inflicted hardship, as the variance wouldn't be needed if he had kept all the property. Councilman Fitzpatrick stated this applicant previously applied for a variance, which was granted, to reduce the area of the lot from 9,000 to 7,800 square feet which is already below the requirement for a single family dwelling and he now wants to make this dwelling into a duplex. Mr. King, the applicant, stated the land to the South was sold, however, he wasn't the sole owner of the property. He felt the codes of the City really don't apply themselves to a basement unit and does not look at this as a duplex. Council man- Fitzpatrick stated he hesita.tad-•.to move for denial as he realizes Mr. King is surrounded by multiples, but felt this is a sub -standard lot and would be a sub -standard floor area and•that the hardship was self-inflicted. MOTION by Councilman Fitzpatrick to concur with the recommendation of the Appeals Commission and deny the request for variances to 1) reduce the square footage for a double bungalow from 10,000 to 7,800 square feet; 2) to reduce the required garage stalls from 3 to 2 stalls; and 3) to reduce the floor area from the required 650 square feet to approximately 590 square feet. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously.' MOTION by Councilman Fitzpatrick to grant the variance to reduce the driveway setback from public right-of-way from the required 25 feet to 20 feet. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilwoman Moses wondered if the City shouldn't consider a policy on the conversion of a. single family homes, as she felt the City may be getting re- quests in the future. i Councilman Fitzpatrick felt, in this particular case, the City does have a policy, however, another area might be if the owner of a single family home had a large enough lot and floor area to be considered for use as a double bungalow. Mr. Flora stated the Planning Commission is reviewing the Zoning Ordinance and making certain changes in these areas and he would make a note to include this matter in their discussions. CONSIDERATION OF VARIANCE REQUEST TO REDUCE SIDEYARD TO ALLOW CONSTRUCTION OF A SIX UNIT APARTMENT BUILDING, 5450 -5T STREET, RICHARD TRACZIK: MOTION by Councilman Fitzpatrick to concur with the recommendation of the Appeals Commission and grant the variance to reduce the side yard setback from a side street of a corner lot from the required 35 feet to 32 feet to allow construction of a six unit apartment building at 5450 , 5th Street. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. . MOTION by Councilman Schneider to receive the minutes of the Planning Commission Meeting of June 18, 1980. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the -motion carried unanimously. CONSIDERATION OF ENERGY COMMISSION POLICY STATEMENT: Mr. Bill Wharton, a member of the Energy Commission, appeared before the Council regarding the Commission's Energy Policy Statement. He stated it was the intent of the Commission that this policy -be adopted by the Council, as written or amended, which would then give them some direction. He felt this policy would serve as guidelines for various units of City government. 184 REGULAR MEETING OF JULY 7, 1980 PAGE 6 Councilwoman Moses felt, as she looks at it, there would have to be some change in the language so that it would be more of a guideline. She felt there are a lot of items covered in the policy that probably aren't economically feasible. She stated the scope of energy is far-reaching in order to get to businesses and residents and asked if it was the Commission's intent to have.a full-time employee to carry out the policy. Mr. Wharton stated there was consideration given to have someone in administra- tion accountable for energy policy. He felt it should hinge on what the County was doing and, if they had an Energy Coordinator, possibly the City wouldn't require such a full-time endeavor. Councilwoman Moses felt it would entail a full-time person to carry out these policies, but didn't want to upset the Commission if they didn't have a person to handle the items covered in the policy. Councilman Schneider asked if it was the Commission's intent that the item covered in the policy would be the things they would be checking into -and reviewing. Mr. Wharton stated the intent, at the time, was that various departments in the City look at these individual items to see how they fit and what would be the impact on them. . Mr. Wharton felt, once guidelines were received and it is stated what type of things the City should be considering, he believed the Commission would then work in conjunction with the various departments to help them establish their own procedure for energy conservation. Councilwoman Moses felt some documentation is needed, if the City were to pro- ceed with the items outlined in the policy, on the costs involved. Mayor Nee thought perhaps the Commission wouTd help weigh the different sug- gestions before they were actually put into, poTicy'and asked what the Commission would like from the Council. Mr. Wharton stated what the Commission is looking for is for the Council to say they basically agree., in principle, with this policy and would like to see the various departments initiate some action on how they are going to establish energy conservation. He felt if the departments feel they need some assistance in these areas, the Commission would be happy to work with them. Mayor Nee stated administration could redraw this and it probably would be basically the same, but more flexible. Mr. Wharton felt this would be satis- factory with the Commission. MOTION by Councilman Barnette to accept the theory behind the Energy Commission's policy statement, as presented to the Council, and refer the policy to staff for rewording into a set of guidelines which the Commission could follow, with this recommendation back to the Council by July '21. Seconded. by Councilwoman Moses. Mr. Wharton stated they would like to hear from staff if,there are certain items that are totally unacceptable. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee de- clared the motion carried unanimously. RECEIVING ANOKA COUNTY COMMUNICATIONS WORKSHOP CHAIRPERSON'S REPORT: MOTION by Councilwoman Moses to receive the report from the Chairperson, Mark Scott, regarding Anoka County Communications Workshop. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. - . CITY OF FRIDLEY 6431 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA 55432 NOTICE OF PUBLIC HEARING TELEPHONE ( 812)571-3450 May 16, 1980 Notice is hereby given that the Appeals Commission of the City of Fridley will conduct a public h2aring.in the City Council Chambers at 6.431 Univer- sity Avenue Northeast at 7:3D P.M. -on Tuesday, May 27', ;1980, in regard to the following matter: Request for variances pursuant to Chapter 205 of the Fridley City Code, to reduce the required square footage for a double bungalow from 10,000 square feet to 7,800 square feet; and reduce the driveway setback from public right-of-way from the required 25 feet to 20 feet; and reduce the required garage stalls for a double bungalow from 3 stalls to 2 stalls, to allow a one family dwelling to be converted to a two family dwelling (property is zoned multiple dwelling), located on Lot 5, and the North 1/2 of Lot 6, Block 11, Hamilton's Addition to Mechanicsville, the same being 5430 5th Street N.E., Fridley, Minnesota. Notice is herebygiven that all persons having an interest therein will be given an opportunity to be heard at the above time and place. VIRGINIA S!,!-INABEL CHAI P.1,r`9 �DIAN, APPEALS CCi XISSION CITY OF FRIDLEY 6431 UNIVERSITY AVENUE N.E., FRIDLEY, MLNNESOTA 55432 TELEPHONE ( 612)571-3450 AMENDED May 29, 1980 NOTICE OF PUBLIC HEARING ; hereby given that the Appeals Commission iuct a public hearing in the City Council of the ("hambers iue Northeast at 7:30 P.M. on Tuesday, dune 10, )l tuwing matter: City of Fridley at.6431 Univer- 1980, in regard Continuing the request for variances pursuant to Chapter 205 of the Fridley City Code, to reduce the required square footage for a double bungalow from 10,000 square feet to 7,800 square feet; and reduce the driveway setback from public right-of-way from the required 25 feet to 20 feet; and reduce the required garage stalls for a double bungalow from 3 stalls to 2 stalls; and reduce the floor area from the required 650 square feet to approximately 590 square feet; to allow a one family dwelling to be converted to a two family dwelling, (property is zoned multiple dwelling), located on Lot 5, and the N 1/2 of Lot 6, Block 11, Hamilton's Addition to Mechanicsville, the same being 5430 5th Street N.E., Fridley, Minnesota. Notice is hereby given that all persons having an interest therein i,.+ill be given an opportunity to be heard at the above tir!:e an'place. VIRGINIIA SCi NIABEL CHAIRIWIOMAN APPEA. 3 i:OM'!` ISSION Harlan King 5430 5th Street N.E. Y. Fridley, Mn 55432 Dear Mr. King On July 7, 1980 the Fridley City Council officially approved your request for a variance 'to 'reduce the •requ red setback• •from public right with the stipulations listed below: of way from 25 feet to 30 feet, and denied the other three variance requests. CITY OF FRIDLEY 6431 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA -55432 TELEPHONE ( 012)571-3450 July 7, 1980 CITY COUNCIL ACTION TAKEN NOTICE If you have any questions regarding the above action, please call the Community Development Office at 571-3450; Sinjcerely, ERRC5 LD L . ARDDIAN JLB/de City Planner Please review the noted stipulations, sign the statement below, and return - one copy to the City of Fridley. Concur wil.h action taken. sa 3 QW ROM I lost � r t C1 qy