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VAR 11.78�- CITY OF FRIOLUY, SUBJECT MINNESOTA COMPLETE REVIEW CHECKLIST RETURN TO PLANNING C®MMISSIOPJ APPLICATION d� REVIEW iWur7ert, Kev j7o , Approved by D 1Q NO/ AODREB ,r/ � FILE DuE p4TE ✓%d COMMENTS p� /rte Aff 4 lovZ e -e Ive,J. iy— /.I-;/J �' 0j,22— SUBJECT j, f City ®f Fridley AT THE TOP OF THE TWINS COMMUNITY DEVELOPMENT DIV. 1 PROTECTIVE INSPECTION SEC. 1 � � CITY HALL FRIDLEY - 55432 '.j 612-560-3450 SUBJECT ' APPLICATION TO BOARD OF APPEALS NurnbEH 910-F23 REV. 1 DATE 3/21/75 PAGE OF 11 2 APPROVED BY 800 Name AddressB Q Phone Legal Description Lots No. ( - a - 3 Block No. 111 Tract or Addn. �N®�Q• 1 " IPL a°ae Vto UZ �-' mA�%1% P) all '9 & •►`lop Variance Request(s); including stated hardships (attach plat or survey of property showing building, variances, etc., where applicable) :p %�0— j 4- p l61' O to U I- HjiLrl 1®'+ ,alb )aww�- -3%4-x- 4g+LqtX op�o 6,ow+ -t-"kidp 'is 57 0, 6 U 0, r'I U'I C -Q- tc`o,uelUD �i. W�NiL W01(,( a� 'UoerH �(Lc:i t'j CA r R-�U.) dLU M Zug 100" U �.. • OC.Q,.. . �. G o'er + Date Meeting Date tc Fee Receipt No. Signature _ Comments & Recommendations by the Board of Appeals City Council Action and Date City OP FridleyTHTWINS ,f AT THE TOP OF THE TWINS SUBJECT APPLICATION TO BOARD OF APPEALS r COMMUNITY DEVELOPMENT DIV. 1 L PROTECTIVE INSPECTION SEC. i • 1 ' • ' ,'� /"�L • CITY HALL FRIDLEY 55432 612-560-3450 (Staff Report) NUMBERfiEV. 910-F23 1 DATE 3/21/75 PAGE OF 2 2 APPROVED BY 800 Staff Comments Board members notified of meeting by /z 91-7.v List members, date notified, and "Yes" or "No" for plans to attend hearing. Plan B s Name Date To Attend C� Pearson making appeal and the following property owners having property within 200 feet notified: By Whom NameI Dat11 e � Phone or Mail I Not'#" ed Richard Tkaczik, 12315 Gladiola St. Coon Rapids, 55434 Sacred Heart of Jesus Polish Catholic Church C/0 Cemetary 420 -22nd Ave. 55418 Bryant Franklin 55451 5th Street N.E. Dan -Lan Dev. Corp., s,/3® - s42(- Mr. and Mrs. Huie 850 West Moore Lake Drive and Mr. Kingswriter _ Mr. Joseph Vasecka, 5427 4th Street N.E. Mrs. Leroy Krumwilde, 5435 4th Street N.E. _ Mr. and Mrs. M. O'Bannon, 5298 Filmore Street N.E. Item #2 November 14, 1978 ADMINISTRATIVE STAFF REPORT 5450 5th Street N.E. A. PUBLIC PURPO$E SERVED BY REQUIREMENT: Section 205.073, 4, B:.(3) Requiring a minimum of 35 foot side yard setback from a side street of a corner lot. Public purpose served by this requirement is to maintain adequate side yard setbacks and aesthetic open areas around multiple dwelling structures. B. STATED HARDSHIP: Need a side yard variance of feet (35' to 28') in order to build a 4-plex apartment building on the lot. C. ADMINI$TRATIVE STAFF REVIEW: The buildable frontage of this lot would not permit the construction of a 4-plex of this townhouse design without a variance. The width of each unit is 18 feet and could not be practicably reduced. E APPEALS COMA4ISSION NOTING, NOVEMBER 14, 1978 PAGE.4 Mr. Kemper stated he had no ,objection. Mr. Plemel'stated that they had granted other variances in that area, and could see the need fora garage, and had no objection. ' Mr. Barna and, Ms. Gabel agreed. F MOTION BY Mr. Kemper, seconded by Mr. Plemel to recommend for approval to Council the request for variance pursuant to Chapter 205•of-the Fridley City Code, to allow the construction of a25' n 35' garage for a double-bi4ngalow at 7879-81 Firwood Way N.E. by reducing the •required rear yard setback on"a double frontage lot from the required 35 feet to 14 feet, with the; stipulation that/ the driveway remain a shared driveway with -'the property to the south.. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL,DECLARED THE MOTION CARRIED, UNANIMOUSLY. g' 'Ms. Schnabel informed Mr. Czihray that their request would be heard byr`the City Council on December 4, 1978, and suggQ,sted that they be present.; .2� REQUEST FOR VARIANCE PURSUANTTO20 OF THE F�IDLEY CTTY CODE, TO AIZ HE CONSTRUCT N 0 A ff5�H PLEX 5S N. Y D T Y TBACK FROM A SIDE STREE A QED 35 FEET 55 2 r.� Request by Richard Traczik, X2315 .ladiolAi Coon.Rapids*,Mn. 55437 M ON by Ms. Gabel, seconded by r. Barba to Open the public hearing. UPON A VOICE VOTE, ALL VOTING AYEI CHAIRWOMAN SdMWEL DECLAED THE PUBLIC HEARING bFEN AT 8:05 P.M. (' e Ms. .Schnabel asked Mr. Traczik to step forward._ MsSchnabel read the Administrative Staff Report as follows:,t ADMINI5TRATIYE STAFF'REPORT - 5450;_ 5th Street N. E. ' • ---` PUBLIC PURPQSF3+ SERVEDf BY REQUIREMENT: Section 205.03, 4, 5..(3)Requiring a.minimum of 35 foot side yard setbac from a side. street of:a corner Tot. P:ubl-ic..purpose served by this requirement.is to maintaim',adequate side yard Setbacks and aesthetic open areas around multiple dwelling structures... 8• STATED WRDSHIP:' -'Need a side yard variance of•`-Y°feet (35' to 28') in order to build a 4-plex.apartment building on the lot. , C• ADMINISTRATIVE STAFF REVIEW:' The buildable frontage of this lot would not permit. the construction of a 4-p." of this townhouse design without a variance. The width of each unit is 18 feet and could not be practicably reduced. c APPEALS COMMISSION MEETING, NOVEMBER 14, 1978 - .. PAGE 3 Ms. Schnabel asked if Mr. Czihray intended to use the common driveway with the house adjacent to him. Mr. Czihray stated they would keep the same driveway' and planned to cement it, in, up.>; to E. River Road. Ms. Schnabel stated that the drawing showed a turn -around, and asked'if Mr. Czihray. would keep it like that and would the neighbors share in the expense of the cement work. Mr. Czihray stated they would keep the turn -around, and he had not talked to the neighbors, but planned to do the cement work himself. The cement would go right up to the road, and the Anoka County Cou-rthouse people told him it would be all right as long as it wouldn't be higher than the road.. Mr. Czihray stated that -the neigh- bor's driveway was tar up to his lot line, and the rest he would cement in. Ms. Gabel stated that would not be a problem. Mr. Czihray stated he would get permission from the neighbors, since the entryway was for both homes. Ms. Schnabel stated they would want the driveway to remain common to both homes because with so many driveways coming off E. River Road, it causes a hazzard to.traffic, and they would like to keep as few entrances as possible directly on to.E. River Road. Ms. Schnabel stated that if they granted the variance, they would make it a stipulation that the driveway remain a shared driveway. Mr. Plemel asked if there was a problem with lot coverage. Mr. Czihray stated that there was 60 feet from the back of the other garages to the house. Mr.Barna stated that there was not a stated hardship in the Administrative:Staff Report, and since the rules and by-laws state that there must be a hardship, he would like one stated. Ms. Gabel stated that they had the same problem at the last meeting, and would like the person who takes the variance applications to be reminded that a hardship must be stated. Ms. Schnabel stated that the hardship would be that the petitioner would like to build a garage in order to clean up the backyard and the variance would be necessary to line the garage up with the other garages. Mr. Czihray stated that people are presently parking in the backyard and would like to have the garage to park in rather than the backyard. Mr. Plemel stated he could understand the need for a garage in the winter also. MOTION by Mr. Plemel, .seconded by Mr. Kemper to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE PUBLIC HEARING CLOSED AT 8:00 P.M. APPEALS COMNQSSION MEETING, NOVEMBER 14, .1978 - PAGE 5 Ms. Schnabel asked. Mr. Traczik to explain what he intended to do. Mr.: T:raczik stated he had thought 20 feet would be sufficient, but with a rental unit, he needed 35 feet. He would like to build a 4-plex with the units above and below each other, with the bedrooms down and the bathrooms, living roams -and kitchens up. This type of unit cuts down on noise, and the City likes them better. The units are 18 feet wide and 30 feet deep. The lower level is like'a split -entry, with half In the ground. Ms. Gabel asked how high the structure would be. Mr. Traczik stated it would be 16 feet, no higher than a regular split -entry home. Mr. Kemper asked where the access to the garages would be. Mr. Traczik stated access would be from the alley. Mr. Plemel asked if the alley was hard surface. Mr. Moravetz stated that the alley was hard surfaced and was maintained by the City. Mr. Kemper asked Mr. Traczik if he was building this unit for speculation. Mr. Traczik stated that he planned to live in the unit in a couple years, after his kids finished school. Ms. Gabel asked what the rent would be. Mr. Traczik stated he planned on $375 per month, but it could be more. Ms. Schnabel asked other interested parties to -.come forward and explained to them what Mr. Traczik intended to do. Mrs. LeDuec, Mrs. Jakubec, and Rev. Brzastrewsik from Sacred Heart Church came forward and stated that had received the notice and were not sure what it meant. Ms..Sehnabel explained why they had received the notice, and they had no objection to Mr. Traczik building there. Mr. Harlan King, 5430 5th Street N.E. stated that he was very much in favor of the building. Mr. Harlan King stated that he and Mr. Daniel Couture own Dan -Lan Dev. Corp. and the Corporation owns his house. Mr. King stated that his notice stated the variance was needed for a rear yard setback and the lot was double frontage and it should be a side -yard setback. Ms. Schnabel stated that the variance should be for aside yard setback and the Commissioners' copies of the notice indicated side yard. Ms. Schnabel thanked them for bringing this to their attention. Me. Schnabel asked Mr. Traczik if he owned Lot 4 in addition to Lots 1, 2 and 3. Mr. Traczik stated that Dan -Lan Development Corporation owns Lot 4, and that it is a 40 foot lot. Ms. Schnabel asked if Lot 4 was part of the legal description in conjunction with the house that is there. A APPEALS CONESSION MEETING, NOVEMBER 14, 1278 - PAGE 6 Mr. King stated that they have an abstract on the 40 foot lot, and it has nothing, to do with the mortgage on the home on that lot. Mr. Barna stated that there was a concensus on 40 foot lots, that there should be , an attempt to purchase additional property if it was available, and this would be creating the situation where there was a salable•40 foot lot previous, but after this variance is passed, there would no longer be additional property available to the north of this 40 foot lot. Mr. Moravetz stated that this.was in a R-3 Zone. Ms. Schnabel asked Mr. Moravetz if the size of the three lots load been checked. Mr. Noravetz stated that.the three lots were large enough to accomodate the 4-plex. Ms. .Schnabel stated that a lot area of not less than 15,000 square feet is require for a four family dwelling, and the three lots total 14,988. Mr. Traczik stated that the lots were actually over 15,000 square feet, that Staff came up with 110 x 130 and Mr. Traczik's figures showed 3.15•x 130. Ms. Schnabel stated that 115 x 130 would be 141950 square feet. . Mr. Plemel stated that if there were three 40 foot lots, it must ,be 120 x 130. Mr. Moravetz stated that the northerly most lot is over 38 feet wide, so it would be over 15,000 square feet. Ms. Schnabel stated that the Certificate of Survey showed 115 x 130, and the half - sections indicate one 40 foot, one 40 foot and one 38.75 foot, which would.put it over 15,000 square feet. Ms. Schnabel .stated that before this item goes to Council, this should be verified..',.. Mr. Kemper asked what objections the Board Members had to leaving a land -locked 46 foot lot between this 4-plex and the house next door. Ms. Schnabel stated that if the three lots were short the proper square footage required, that perhaps the petitioner should attempt to purchase part of that +ti0 foot lot, in order to bring it up to lot size and that would perhaps meet the ordinance without a variance. Nis. Schnabel stated that the other thought was that when the owner of Lots 1, 2 and 3 builds on this property, it precludes the owner of Lot 4 from being able to purchase additional lands from Lot 3, in order to create a larger buildable site. This discussion came about because it was highlighted in the,.. Administrative Staff Review. Mr. Kemper informed Mr. King and Mr. Couture that historically, the City does not consider a 40 foot lot a buildable site, and as it stands now, approvals.are not being granted to permit building on a 40 foot lot. Ms. Schnabel stated that a previous request to build on a 40 foot lot,,which was a corner lot, was denied. Lis. Schnabel stated that they had not as yet handled a request to build on an interior 40 foot lot, and there was just such a request on the agenda tonight. N AiPEALS CO*1ISSION MEETING, NOVEMBER 14, 1978 - PAGE ? Mr. Kemrper stated that if the petitioner could purchase part of Lot 4, he would not need a' variance, and would like to know if that had been discussed by the petitioner and the owner of Lot 4. Ms. Schnabel reiterated that the City would not be in favor of building a dwelling on a vacant 40 foot lot. Mr. King stated that they did not plan on building on that lot because it would not look right to have a small house next to the 4-plex. Mr. Couture asked that if the garage on Lots 1, 2, and 3 were moved over 10 feet, it would allow for a 50 foot lot rather than a 4o foot lot, and would the City give a variance for a 50 foot lot. Ms. Schnabel informed Mr. Couture that he would have to get a lots -split from Mr. Traczik, and would then have to keep the house far enough away from the lot line to meet the ordinance or get a variance at the same time they requested the lot -split. Ms. Schnabel asked Mr. Traczik if he had considered purchasing part of Lot 4. Mr. Traczik stated that he was not sure. Ms. Schnabel stated that Mr. Traczik might think it over because it would give him more room around his building, and would also eliminate a 40 foot non,.buildable lot. Ms. Schnabel stated that this would go to Council and suggested that they all be there. Ms. Gabel asked that before the Council Meeting, it should be determined what was correct in terms of the survey. Ms. Gabel asked Mr. Couture what he planned on doing with the 40 foot lot. Mr. Couture stated that at the time he was purchasing the 4o foot lot, he knew the, person who owned the other three lots, and they were lost to back taxes, and he did not know about that until after he had purchased the 40 foot lot. Mr. Kemper stated that they could act on this variancep and if the owners of the lots reached an agreement, they wouldn't have to use the variance. MOTION by Ms. Gabel, seconded by Mr. Barna to close the public hearing. UPON A VOICE VOTE ALL VOTING AXE, CHAIRWOMAN SCHNABEL DECLARED THE PUBLIC HEARING CLOSED AT 8:55 P.M. Ms. Gabel stated that she had no problem with the variance request as such, but would like the square footage determined before the Council Meeting, and the lot owners would have to reach an agreement on their own, if they wished. Mr. Barna stated that the section map indicates 38.75 foot width, and that gives them enough lot, but the descreptancy should be noted. Ms. Schnabel stated that if the petitioner.purchased the additional 40 feet, he would then have enough lot size to enable him to build an 8-plex, with a different design. Mr. Kemper stated that if the survey was correct, they were only off 3/10 of 1% of the requirement. APPEALS COMMISSION MEETING, NEER 149 1978 - PAGE 8 Ms. Schnabel stated that in terms strictly of the variance request, she had no strong inclination to deny it because of the fact that the adjacent land immediately north is vacant and will always remain vacant because it abuts the freeway. The closest affected lot then would be either the property immediately to the south or the property to the west across the alley. It had been established that there was more than 40 feet between the property to the south and the proposed dwelling and the property to the west is currently a large vacant piece of land. Mr. Kemper stated that he had no objection to the variance. MOTION by Mr. Plemel, seconded by Mr. Kemper to recommend for approval to Council the request for variance pursuant to Chapter 205 of the Fridley City Code., to allow the construction of a 4-plex at 5+50 5th Street N.E. by reducing the side yard set- back from a side street of a corner lot from the required 35 feet to 28 feet, noting that there was a descrepancy between the survey and the plat map. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Schnabel informed the petitioner that this request would go to Council on December 4, 1978., and suggested that the adjacent property owners be there also. 3. REQUEST FOR VARIANCE PURSUANT TO CHAP'T'ER , .16uu., Mn. 55432). of the FRIDLEY CITY CODE, TO BEECH 9TRFM N -.-E. WHICH WIL FEET T Recuest by .E., Fridley, MOTION by Mr. Plemel' seconded by Ms. Gabel to table Item 3 of the Agenda until the petitioner can work out the problems with the drainage and utility easements existing in vacated Gumwood Street. UPON A VOICE VOTE, ALL VOTING AYE., CHAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. REQUEST FOR VARIANCES PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY CODE TO ALY THE CONSTRUCTION OF A DWELLING ON A 40 FOOT LOT AT - 4526 2ND STREET N.E. BY REDUCING THE REQUIRED LOT AREA FROM 7500 SQUARE FEET TO 5160 SQUARE, REDu THE REQUIRED FRONT YARD SETBACK FROM 35 FEET TO 30 FEET2 REDUCING THE SIDEYARD! FROM, b ONE FR THE REQUIRED 10 FEET TO FEET THE OTHER FROM 13 FEET TO 10 FEET RE. DUCING THE FLOOR AREA FROM THE REQUIRED 1020 SQUARE FEET TO 9 SQUARE FEET A INCREASI:r� THE LOT COVERAGE FROM THE MAX OF 25 P, 2 PERCE (Request Iby Nedegaard Construction o.,Inc..., 3903 Foss Road, St.. Anthony, Mn. 55418). 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 9:05 P.M. CITY OF FRIDLEY 6431 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA 55432 TELEPHONE ( 612)571-3450 December 13, 1978 Richard Traczik 12315 Gladiola Coon Rapids, Mn 55434 Dear Mr. Traczik: CITY COUNCIL ACTION TAKEN NOTICE On December 4, 1978 the Fridley City Council V ficially approved your request for a variance at 5450 5th Street N.E. with the stipulations listed below. or -a side yard variance reduced from 35' to 32' Please review the noted stipulations, - sign ,the statement below, and return one copy to the City of Fridley. If you have any questions regarding the abova action, please call the Community Development Office at 571-3450. 0 S' ly, 21. IT° PLANNER JLB/de Stipulations: Alone Concur with action tak n. a S7 N F. 1'7,Wr'PN I -A- IP314 MWWT"e, V•, WE %A-. 0 t oll 7;-t*! I j Tv'! -I VrArz OF VAT hLr 4 PACMU1,11F WZ';A rZG15T,�iATi":4, N9. r,'- 12 -Tr tkyt el' w"r.-LOO A AXIMD wo wzrA!5 VLP't.I.-P om Levekr. 7A." -,A A Lj?Ar- IL-crr A g, tj I. y: V 7 was. vo All W lba— PjMOvtu; �p . .. ... I 50 ?-1 V- L IP \b J, Lots 1, 2, 3, and -4, Block 11, Hamilton's addition To Mechanicsville,.Anoka CQ,,.14n. 4 CITY OF FRIDLEY 6431 UNIVERSITY AVENUE N.E., FRIDLEY.k MINNESOTA 66432 TELEPHONE ( 612)871-3450 NOTICE OF PUBLIC HEARING is hereby given that the Appeals Commission of the City of Fridley induct a public hearing in the City Council Chambers at 643T regard University r.. v..r Northeast at 7:30 P.M. on Tuesday, November 14, 1978, in the following: Pursuant to Chapter 205 of the Fridley City Code, a variance has been requested to allow the construction of a 4-plex at 5450 5th Street N.E. This construction will involve reducing the side yard setback from'a side street of a corner lot from the required 35 feet to 28 feet. Notice is hereby given that all persons having an interest therein will be given an opportunity to be heard. VIRGINIA SCHKABEL CHAIRWOMAN APPEALS COMMISSION