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VAR 03.84CITY OF FRIDLEY, MINNESOTA COMPLETE REVIEW CHECKLIST RETURN TO PLANNING JIM Darrel ©7 Clvde I F.J.1y'John I COMMISSION APPLICATION REVIEW a FV NO/ AOOA�SS COMMENTS STATE OF MINNESOTA CITY OF FRIDLEY APPEALS COMr9ISSION PROCEEDINGS In the Matter of Variance to reduce the side _yard C 6 8 4 1 setback from 10 feet to 6 1/2 feet to allow a VARIANCE carport to be converted to living area at 5850 5th Street N. E. Beverly Ann Thompson Owner The above entitled matter came before the Appeals Commission of the City of Fridley and was heard on on the 10th day of April , 19 84 , on a petition for a variance pursuant to the City of Frid ey s Zoning r finance,Tor the following described property: Lot 3, Block 5, Bennett -Palmer Addition IT IS ORDERED that a variance be granted as upon the following conditions or reasons: See Appeals Commission minutes of April 10, 1984 STATE OF MINNESOTA ) COUNTY OF ANOKA ) ss. CITY OF FRIDLEY ) OFFICE OF THE CITY CLERK I, Sidney C. Inman, City Clerk for the City of Friley with and in for said City of Fridley, do hereby certify that I have compared the foregoing copy and Order granting a variance with the original record thereof preserved in my office, and hve found the same to be a correct and true transcript of -the. whol.e,thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand .-O t1fie °Cilt Fridley, Minnesota, in the County of Anoka on the day qi;•-19 �s a { DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 SIDNEY y' S.' Variances are valid for a period of one year following approwal`andshall be considered void if not used within that period. Y: (SEAL) APPEALS COMMISSION MEETING APRIL 10 1984 PAGE 9 4. REQUEST FOR VARIANCE PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY CODE TO REDUCE SIDE YARD SETBACK FROM 10 FT. TO 6 1/2 FT. TO CONVERT A CARPORT n DGAIlu UODU UL►1 31. R. L. kKequest by Beverley Ann Thompson, 5850 5t St. .E., Fridley, Mn. 5543 NOTION BY MS. GEROU, SECONDED BY M. BETZOLD, TO OPEN 2WE PUBLIC NEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED TAE PUBLIC NEARING OPEN AT 8:21 P.M. Chairperson Gabel read the Administrative Staff Report. ADMINISTRATIVE STAFF REPORT 5850 5th St. N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.7.3.D2 (a) requires a side yard of ten feet between any living area and side property lines. Public purpose served by this requirement is to maintain a minimum of 20 feet between living areas in adjacent structures and 15 feet between garages and living areas in adjacent structures to reduce exposure to conflagration of fire. It is also to allow for aesthetically pleasinq open areas around residential structures. B. STATED HARDSHIP: "We plan to enclose the present carport and make it into a family room. The present carport is 6' 6" from our lot line. We plan on extending the basement under the present carport." C. ADMINISTRATIVE STAFF REVIEW: The neighbor's house to the south of the petitioner's is 14.5 feet from the lot line; therefore, the two structures are 21 feet apart, 1 foot in excess of the required 20 feet between living areas. If the Board troves to approve this request, the Staff has no recommended stipulations. Mr. Clark stated this was a garage until the tornado in 1965. The owners rebuilt the old garage area as a carport and built a two -car garage in the rear. Ms. Gabel asked the petitioner, Ms. Thompson, if she would explain what she was planning to do. • t APPEALS COMMISSION MEETING, APRIL 10, 1984 PAGE 10 Ms. Thompson stated she was recently married, and they are combining two families. Their present kitchen area is very small. They plan to enclose the old carport, open it up and have a larger eating area. They will extend the basement under the carport. She stated there is no objection from the neighbor next door. MOTION BY MS. GEROU, SECONDED BY MR. PLEMEL, TO CLOSE THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC HEARING CLOSED AT 8:26 P.M. Ms. Gerou stated the petitioner had a definite hardship, and she would be in favor of granting the request. Mr. Barna stated the intent of the code to maintain distance between structures is still remaining intact since the neighboring house is 14.5 ft. from the lot line, making the two structures 21 ft. apart. It is also not decreasing the visual aspect of the yard as the carport is existing, and it will just be enclosed. Mr. Betzold agreed. They would not be moving any closer to the neighboring building and there is no enfringement. He stated he had no problem with this request. 0 Ms. Gabel stated she also agreed. There was a hardship, and the spirit of the code is being maintained. She had no problem with granting this request. MOTION BY MS. GEROU, SECONDED BY MR. BARNA, TO RECOMMEND TO CITY COUNCIL APPROVAL OF A REQUEST FOR VARIANCE PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY CODE TO REDUCE SIDE YARD SETBACK FROM 10 FT. TO 6 1/2 FT. TO CONVERT A CARPORT TO LIVING AREA, LOCATED ON LOT 3, BLOCK 5, BENNETT PALMER ADDITION, THE SAME BEING 5850 5TH ST. N.E. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. ADJOURNMENT: MOTION BY MR. BARNA, SECONDED BY MS. GEROU, TO ADJOURN THE MEETING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE APRIL 10, 1989, APPEALS COMMISSION MEETING ADJOURNED AT 8:30 P.M. Respectfully su fitted, n � Saba Recording Secretary • Nu►nericalN_ Grantor Grantee Recorded Checked Margin Tr. Index_j�/ OFFICE OF COUNTY RECORDED. �-, STATE OF MINNESOTA, COUNTY OF ANON' I hereby certify that the within instrua meetfi i th' friice for records on the a A.D., 19m� o'clock J0 ., and was duly recorded in book Page Coun Recorder By �Lk Deputy City of Fridley 6431 University Avenue NE Fridley, Minnesota 55432 Attn: Planning Department CITY OF FRIDLEY 6431 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA 55432 TELEPHONE ( 612)571-3450 March 30, 1984 NOTICE OF PUBLIC HEARING iereby given that the Appeals Commission of the City of Fridley :t a Public Hearing in the City Council Chambers at 6431 University :heast at 7:30 p.m. on Tuesday, April 10 , T984 in regard to the latter: Request for variances pursuant to Chapter 205 of the Fridley City Code to reduce side yard setback from 10' to 6, feet to convert a car port to living area, located on Lot 3, Block 5, Bennett Palmer Addition, the same being 5850 5th St. N.E. Fridley, MN 55432 Notice is hereby given that all persons having an interest therein will be given the opportunity to be heard at the above time and place. PATRICIA GABEL CHAIRWOMAN APPEALS COMMISSION Note: The Appeals Commission will have the final action on this request, unless there are objections from surrounding neighbors, the City Staff, or the petitioner does not agree with the Commission's decision. If any of these events occur, the request will continue to the City Council through the Planning Commission with only a recommendation from the Appeals Commission. l APPEALS COMMISSION MEETING, APRIL 10, 1984 PAGE 9 4. REQUEST FOR VARIANCE PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY CODE TO ust by Beverley--Vnn Thompson, 5850 5th St. N.E., ey, Mn. MOTION BY MS. GEROU, SECONDED BY MR. BETZOLD, TO OPEN THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC HEARING OPEN AT 8:21 P.M. Chairperson Gabel read the Administrative Staff Report. ADMINISTRATIVE STAFF REPORT 5850 - 5th St. N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.7.3.D2 (a) requires a side yard of ten feet between any living area and side property lines. Public purpose served by this requirement is to maintain a minimum of 20 feet between living areas in adjacent structures and 15 feet between garages and living areas in adjacent structures to reduce exposure to conflagration of fire. It is also to allow for aesthetically pleasing open areas around residential structures. B. STATED HARDSHIP: "We plan to enclose the present carport and make it into a family room. The present carport is 6' 6" from our lot line. We plan on extending the basement under the present carport." C. ADMINISTRATIVE STAFF REVIEW: The neighbor's house to the south of the petitioner's is 14.5 feet from the lot line; therefore, the two structures are 21 feet apart, 1 foot in excess of the required 20 feet between living areas. If the Board moves to approve this request, the Staff has no recommended stipulations. Mr. Clark stated this was a garage until the tornado in 1965. The owners rebuilt the old garage area as a carport and built a two -car garage in the rear. Ms. Gabel asked the petitioner, Ms. Thompson, if she would explain what she was planning to do. A APPEALS COMMISSION MEETING, APRIL -10, 1984 - PAGE 10 Ms. Thompson stated she was recently married, and they are combining two families. Their present kitchen area is very small. They plan to enclose the old carport, open it up and have a larger eating area. They will extend the basement under the carport. She stated there is no objection from the neighbor next door. MOTION BY MS. GEROU, SECONDED BY MR. PLEMEL, TO CLOSE THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC HEARING CLOSED AT 8:26 P.M. Ms. Gerou stated the petitioner had a definite hardship, and she would be in favor of granting the request. Mr. Barna stated the intent of the code to maintain distance between structures is still remaining intact since the neighboring house is 14.5 ft. from the lot line, making the two structures 21 ft. apart. It is also not decreasing the visual aspect of the yard as the carport is existing, and it will just be enclosed. Mr. Betzold agreed. They would not be moving any closer to the neighboring building and there is no enfringement. He stated he had no problem with this request. Ms. Gabel stated she also agreed. There was a hardship, and the spirit of the code is being maintained. She had no problem with granting this request. MOTION BY MS. GEROU, SECONDED BY AMR. BARNA, TO RECOMMEND TO CITY COUNCIL APPROVAL OF A REQUEST FOR VARIANCE PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY CODE TO REDUCE SIDE YARD SETBACK FROM 10 FT. TO 6 1/2 FT. TO CONVERT A CARPORT TO LIVING AREA, LOCATED ON LOT 3, BLOCK 5, BENNETT PALMIER ADDITION, THE SAME BEING 5850 57H ST. N.E. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. ADJOURNMENT• 40TION BY MR. BARNA, SECONDED BY MS. GEROU, TO ADJOURN THE MEETING. UPON A VOICE- VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE APRIL 10, 1984, APPEALS COMMISSION MEETING ADJOURNED AT 8:30 P.M. Respectfully sub fitted, n JSaba ecording Secretary Item #4- April 10. 1984 ADMINISTRATIVE STAFF REPORT 5850 - 5th Street N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.7.3.D2(a) requires a side yard of ten feet between any living area and side property lines. Public purpose served by this requirement is to maintain a minimum of 20 feet between living areas in adjacent structures and 15 feet between garages and living areas in adjacent structures to reduce exposure to conflagration of fire. It is also to allow for aesthetically pleasing open areas around residential structures. B. STATED HARDSHIP: "We plan to enclose the present car port and make it into a family room. The present car port is 616" from our lot line. We plan on extending the basement under the present car port." C. ADMINISTRATIVE STAFF REVILY: The neighbor's house to the south of the petitioners is 14.5 feet from the lot line, therefore the two structures are 21 feet apart., 1 foot in excess of the required 20 feet between living areas. If the Board moves to approve this request, the staff has no recommended stipulations. \tsoMwL C(, qaa taoi:tlT4 i:L.F: � ,'�a c (�' 'i. .r � „° �" -� r o� �� l i�,: r s,j PJ y_F•7d �Y3CJ�TMiJ'y' J'' �t#r'�S _ w i � JF ': ;f L d °{ � e 6,j: 1`t�.. •, T r �.(} � _, �,f.i t N � `C ll �. ? � �A 1 1. ..L SJ i ?,�h ff � tl.rL .i r7iifj � � .` a ?3 L°r. a:�'�, .��. i1 Jr� _.C... C�.� ti a .. �n C7:_.. _ ,. t• "4.0 J_ .a! Yi _ : wral"IAI, autm. . Delp(''✓b`iJ ,, : ` GSI Jed? i r ff a ATA ,'TVITASTTal—IMM : .0 °I _.. ,7 1 o ,I r Ci �.. i'rn#i •J .C,f ., .l '9t :ym•! y'.� _J '.'��:-: .. 'a } :�4i ': }L��,i'i�f9 f J'�a �4 a4 �}'�? .,;j�� .. .. fy 'i �v.{. 03 U y,^r dil...:'-I•• 4Y - �$,. !` #"i.}iA .a ;T ..t_..#,J- , F,i_!j _,y() -q " S r .. ... s N a3 SUBJECT lf• CITY OF FAIOLEY, VARIANCES 6431 UNIVERSITY AVE. NE. FRIDLEY■ MN. 6943E 16121571.3450 x�® f 41-46-, e do x DATE4 2 ABNRESS • APPEALS C014MISSION: APPROVED DISAPPROVED DATE 7//0 NO. CITY COUNCIL REVIEW: REQUIRED: `YES _ CITY COUNCIL: STIPULATIONS: APPROVED DISAPPROVED DATE _ N0. ted_ XNAME ge-V ePOr i✓ fEE �� RECEIPT No. � as � LOT NO. BLOC_ K NO. TRACT OR ADDITION XCRIPTION: LEGAL SES X VARIANCE-REQUEST(S): (Attach plat or survey of property show)*Ag building, variances, etc., where applicabl ) 00` Section(s) of the City Code: XList specific hardship(s) which requires the variance(s): �.� � !�I! �o UNCI•®,�'� �/.� �'� G�l�`' %�Oi°� ��J� �l+r� 'G �+�' /t /�4 l exe%,ok e- o. Lj� Y DATE XSIGNATURE ADDRESS I C-TLLEPHO NO ADDRESS - o VARIANCES FOR CITY USE ONLY Board members notified of meeting by March 30, 1984 List uember— s, date notified. and •Yes" or "I:o' for plans to attend hearing. Plan Patricia Gabel Mame 3 -30 -"**To Attend Alex Barna Jean Gerou Donald Betzold James Plemel Person cooking appeal and the following property owners having property within 200 feet = notified: Name By Whom • Date Phone or Mail Notified •- _ .� Mail • Beverley Ann Thompson, 5850 5th St. N,E_ Marjorie J. Huseby, 5840 5th St, N,E, M/M Michael Heath, 5830 5th St, N,E . M/M Alfred Engelstad, 5820 5th St, N,E, M/M Ben Gruba,.5871 5th St, NE. M/M Bernard Hartman, 5860 5th St, N,E,. M/M Richard A, Larson, 5861 5th St, N,E, M/M Thomas Duntley, 5851 5th' St, NE, M/M Florus M, Robeck, 5841 5th St. N,E, r M/M Lyle Richter, 5831 5th St.N,E, M/M Robert De Le Martre, 5821 5th St, N,E, Lillian E. Kruesel, 5861 4th St, N,E, M/M Duane Vizenor, 5851 4th St, NE., M/M Allen Montgomery, 5841 4th St. N,E, M/M Thomas Oreskouich, 5831 4th St, N, El Delores Preekett, 5821 4th St. N. -E, M/M James Larson, 5871 4th St, N,E, TM Fjw A 60P o3p Xl TM � --- s �o�s log¢ � )AS �� i . .� - $3/1�► , �9 �, s - � Aqjr it ---r- -- *3 w 1 10. op orl 01, lies It", is AS Ofta Am BY 3nN3Av- WE ksv E _ V m1