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VAR 86-25• CITY OF FIRIOLEY. SUBJECT VARIANCES 6431 UNIVERSITY AVE. ME - v FAIOLEY, MN. 6543= 1610k1571-3450 001 ADDRESS Er XJL DATE v �, APPEALS COMMISSION: APPROVED DISAPPROVED _ DATE NO.________ CITY COUNCIL REVIEW: REQUIRED: AYES_ CITY COUNCIL: APPROVED _ DISAPPROVED _ DATE N0. STIPULATIONS: ............. . ........... NAME X FEE RECEIPT Noj:Z , �— LOT NO. BLOCK NO. TRACT OR ADDITION LEGAL DESCRIPTION: VARIANCE-REQUEST(S): (Attach plat or survey of property showing building, variances, etc.. where applicable) Section(s) of the City Code: List specific hardship(s) which requires the variance(s): r 9 IL t a— fo -yam Al DATE• C .� `�% If SIGNATURE . ;-- ADDRESS 6 9 s.� '�IF,TELEPHONE NO �S'7/- �s� dot VARIANCES FOR CITY USE ONLY and members - -• — �� ., Bo ers notified of meeting by date notified, and •Yes" or •to" for plans to attendhearing. List memvi!rs • plan Mame Date'• To Attend f Person making appeal and the following property owners having property within 200 feet = notified: Name By Whom • Date Phone or Mail Notified c Y 1 COMMSSION APPLICATION REVIEW s Department Number File Date Meeting Data C11YOF Planning 57 8/29/86 9/16/86 FRIDLEY File Address/Description VAR #86-25 by Raymond Wildman, 5965 - 6th St. To reduce the swede yd. setback from 5 to 3 ft. for cern attached gapag@ M_ DARYL —DEBBIE— �Jlm . , --DEBBIE-- JOHN -'? E88113 81 UCLYDE —DLBBIE DMARK --DE88113'. DLEON DEBBIE COMPLETE REVIEW CHECKLIST RETURN TO PLANNING L COMMENTS -Accov-A.v-i -� IaS� 5wvve..�v�tyg. �S la. 1 ' h¢,°�w�N -vv.¢,�AV-Af a% -A Iv d r O � � NQ � 1 � �; 0 ✓i!�'.�/' � �� -` n/ E �. � �� ! O YI IGS +i,Q- NoV+1„ rvorzv✓ l-,vc 9.I' Ioa,lw � "a,. 4, 11,,z • CITY OF FRIDLEY APPEALS COMMISSION MEETING, SEPTEMBER 16, 1986 CAL TO ORDER: Chai\3tOz old called the.September 16, 1986, Appeals Commission meeti to op.m. ROLL Memb• Donald Betzold, Alex Barna, Jerry Sherek, Diane vage MemboneOtheJi Robinson, Planning Coordinator Ray 'ldman, 5965 6th St. N.E. Charle Huntley, 77 Broadway N.E. APPROVAL OF AUGUST 26, 1986,\'APPEALS COMMISSI-ON MINyrES: MOTION BY MR. BARNA, SECONDED BYE'V,#86-24, PROVE THE AUGUST 26, 1986, APPEALS COMMISSION MINUTES AS WRI UPON A VOICE VOTE, ALL VOTING AYEZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. CONSIDERATION OF A VARIANCE RBY WAYNE DAHL, PURSUANT TO CHAPTER 205.14.3=,OF THVF IDLENCITY-M TO REDUCE THE -FRONT YARD SE B C IC TY V11 1 HL JVV 1 nLma 1IMILR, MLL DL111U LVWi1 LU VI\ rHRV5LL J/ V9 JLV 1 1V1\ I G, 1 -JV, R-24, THE SAME -BjnNG 7699 VIRON-ROIM N.E., FITIDLEY, /petitionwas not in the audience. BARNA, SECONDED BY MR. SHEREK, TO TABLE THIS I UNTIL THE OTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED T MOTION OUSLY. a APPEALS COMMISSION MEETING, SEPTEMBER 16, 1986 PAGE 2 2. CONSIDERATION OF A VARIANCE REQUEST, VAR #86-25;,,BY RAYMOND WILDMAN- S E 11UU111V1�, IIIL Jlll'1L YL JIIa J.IVJ vr.�a-..�., av��, .a....vv. MOTION BY MS. SAVAGE, SECONDED BY MR. BARNA, TO OPEN THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE PUBLIC HEARING OPEN AT 7:32 P.M. Chairperson Betzold read the Administrative Staff Report: ADMINISTRATIVE STAFF REPORT 5965 6th Street N.E. VAR #86-25 A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.07.3, D, 2b, requires a side yard of ten (10) feet between an attached accessory building or use and side property lines. Public purpose served by this requirement is to provide space between individual structures to reduce conflagration of fire, to provide access to the rear yard for emergencies and to limit the condition of crowding in the residential neighborhood. B. STATED HARDSHIP: "There is insufficient footage to add to existing garage on the north side." C. ADMINISTRATIVE STAFF REVIEW: The existing garage is 13.4 feet wide. The petitioner would like to add 9 feet onto the garage to expand it into a two car garage (22.42 ft. wide). The new addition, if approved,would be 3 feet from the north line. This is the minimum distance an unrated wall is permitted in the building code. The house to the north is 9.1 feet from the common property line. If the Appeals Commission approves this request, the only stipulation staff recomends is.that the driveway be hard surfaced. Mr. Robinson stated this property was zoned single family and was in a predominately single family neighborhood. He stated the proposal was to dismantle the existing garage, the end of the existing garage to then be placed 3 ft. off the property line, and the gap filled in to make a 2+ car garage. As pointed out in the staff report, the minimum distance an unrated fire wall was permitted in the building code was 3 ft. APPEALS COMMISSION MEETING, SEPTEMBER 16, 1986 PAGE 3 Mr. Robinson stated he had received a telephone call from Mr. John Gerard, 5973 6th St., who stated he had no objection to the expansion as long as the garage was 3 ft. from the property line and as long as the garage overhang did not encroach onto his property. He stated he had informed Mr. Gerard that he did not think this would be a problem. Mr. Wildman stated the overhang would definitely not encroach onto the neighbor's property. The overhang would be at least one foot away from the property line. Mr. Wildman stated that because his house was placed in the center of the lot, there was not enough room to add a double garage without a variance. He stated he needed a double car garage because he owned four cars. Mr.Barna asked Mr. Wildman if he had considered the possibility of adding a detached garage in the rear yard. Mr. Wildman stated he had considered it, but there was a lot of extra expense involved in putting in the hard surfaced driveway to the rear yard. There was also the snow removal problem in the winter with a long driveway. He would rather have a garage that was closer to the street. Mr. Robinson stated it was possible for the petitioner to convert the existing single garage into a double car garage without a variance by expanding it to 20.5 ft. instead of 22.5 ft. Mr. Betzold stated Staff has told them in the past that 22 ft. was a typical size for a two -car garage. Mr. Barna stated that 20 ft. was pretty tight for two cars, and normally a garage width for a two -car garage was 22 ft. Mr. Barna stated that usually on this -style of house, many people convert the existing attached garage to living space and add a detached garage. Mr. Wildman stated his children are no longer living at home, and he does not need any additional living space. Mr. Robinson stated that in terms of the hardship, one consideration was that the original builder built the house with an attached single car gar-._:;- which was too close to the lot line to enable the present owner to convex"L it to a double car garage which was required by today's code. MOTION BY MR. BARNA, SECONDED BY MS. SAVAGE, TO CLOSE THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE PUBLIC HEARING CLOSED AT 7:50 P.M. Mr. Barna stated he was having a difficult time with the hardship other than the financial hardship which they have been directed to not count 100% as a hardship. There was no physical factor to prevent a garage in the rear yard. If the Appeals Commission denied this request, the petitioner could build a APPEALS COMMISSION MEETING, SEPTEMBER 16, 1986 PAGE 4 substandard double car garage without a variance. Mr. Barna stated he would rather grant.a variance and have a garage that was more resaleable and would look better in the neighborhood than to have a garage that was 2 ft. shorter. Ms. Savage stated it appeared to her that there was clearly a hardship in ngeding a larger garage. She felt the petitioner had expressed a hardship in the alternative which would be building a detached garage at a greater expense. Since there was no opposition from the neighbors and the request appeared to be reasonable, she would be in favor of granting the variance. Mr. Sherek stated that in looking at the property, he could understand the reason for requesting the variance in this way, because it would certainly be financial advantageous to the petitioner to expand in this way. He was having trouble with the fact that the reason for the code was to reduce conflagration of fire and to limit the condition of crowding in a residential neighborhood. He stated he would really prefer not to grant this variance. He felt it was really too close to the neighbor on the north, and that neighbor was a precedent for doing this exact same thing,because they have done an expansion and gotten very close to their neighbor. Mr. Betzold stated the test for the hardship was whether there was something unique about this property that made it unfair to enforce the code. In the past the Commission had looked a little more favorably on garage expansions, because many people feel it is a hardship to have a one -car garage in Minnesota, but the code does not actually say that. In this particular case, he felt a good case could be that this particular house was built in the center of the lot making it difficult to expand to a two -car garage. The petitioner could add onto the existing garage without a variance, but it would be 20 ft. wide. He agreed with Mr. Barna that he would rather not have that kind of situation. Mr. Barna stated that if the Commission did vote "no" to this variance request, with the thought that the petitioner could build a garage at the rear of the lot, the petitioner would then either have to get a special use permit for a second accessory building or convert the existing garage into living space. The petitioner had already stated he did not need additional living space, so they would be placing an additional hardship on the petitioner to either apply for a special use permit or convert. The City cannot force the petitioner to build the detached garage. He stated he thought Mr. Betzold had addressed the hardship in the uniqueness of the property in that the house was set to the center of the lot instead of offset Which was normally done for future expansions. Mr. Barna stated he realized that the fire -rated wall was not required by code, but he was concerned abaiut the closeness of the domes, and he would like a stipulation added that the north wall be a fire -rated wall. MOTION BY MS;. SAVAGE, SECONDED BY MR. BARNA, TO APPROVE VARIANCE REQUEST, VAR 186-25, BY RAYMOND WILDMAN PURSUANT TO CHAPTER 205.07.3, D, 2b, OF THE FRIDLEY CITY CODE TO REDUCE THE SIDE YARD SETBACK FROM FIVE FEET TO THREE FEET TO ALLOW THE CONSTRUCTION OF AN ATTACHED GARAGE ON LOT 20, BLOCK 5, BONNY SECOND ADDITION, THE SAME BEING 5965 - 6TH STREET N.E., FRIDLEY, MINNESOTA, WITH THE FOLLOWING STIPULATIONS: APPEALS COMMISSION MEETING, SEPTEMBER 16, 1986 PAGE 5 Z. THE DRIVEWAY BE XARDSURFACE 2. THE NORTH WALL BE A FIRE -RATED WALL UPON A VOICE VOTE, ALL VOTING AYE, CgAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. CONSIDERATION OF -VARIANCE REQUEST, VAR #86-26, BY CHARLES HUNTLEY, PURSUANT MOTION Y MR. BARNA, SECONDED BY MR. SXEREK, TO OPEN THIDELARED C HEARING. UPON A VOI VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD THE PUBLIC HEARING OPEN 8:03 P.M. ADMINISTRATIVE STAFF REPORT \778106 Alden Way N.E. VAR #86-26 A. PUBLIC PURPOSE Y REQUIREMENT: Section 205.25.8, C, 1, quires all ew structures and uses to be placed not less than 40 feet from a top f the bluffline overlooking the Mississippi River. Section 205.25.8, C, 2, requi es at all new structures and uses shall be placed not less than 100 eet f the Mississippi River normal high water line as defined by a Federal dministration's Flood Insurance Study. The Public Purpose rued by the standards nd guidelines as laid out by the Interim Devel0 ent Regulations €or the 'ssissippi River Corridor Critical Area ar as follows: a. to prese a and protect a unique and valuable ate and regional resour for the benefit of the health, safety, d welfare of the citi ns for the state, region, and nation; b.prevent and mitigate irreversible damage to this st „ regional, b./ natural resource; to preserve and enhance its natura.l, aesthetic, cultural, an historic value for the public use; K APPEALS COINISSION MEETING, SEPTEMBER, 16, 1986 PAGE 6 d, to protect and preserve the river as an essential element in the national, state, and regional transportation, sewer, and water, recreational systems; and \heating." ect and preserve the biological and ecological functio of rridor. DSHIP: t the variance add an addition to the Hort est and sou corners of the existing house. The additions ach enclose a the present deck and are to be designed 71"Passive solar C. ADMINISTRATIM STAFF REVIEW: In keeping withction J3of the Interim Dev opment Regulations for the Mississippi Ri er Corridor Critical Area, the local unit of government may grant a varianc from the strict compl''nce of the setback of the interim regulations a er an administrat' a hearing conducted according to the regulations of that local unit of vernment and may be granted only then, after the followin findings ar.. made: 1. The strict enforcement o the Wetback or height restrictions will result in unnecessary har hip. "Hardship" as used in the considera- tion of a dimension varian ,means that the property in question cannot be put to a reaso le use under the dimension provision of these Interim Developme Regu tions. 2. There are exception circumstance unique to the property that were not created by a 1 downer after Ap '1 25, 1975. 3. The dimension v iance does not allow a use that is not a compatible use in the la use district in which th roperty is located. 4. The dimens'on variance will not alter the es ential character of the locality s established by these Interim Deve pment Regulations. 5. The d' ension variance will not be contrary to th Order. Mr. Robin n stated the proposal as outlined included the a ition of a screened in porch area on the river sine and an addition on t southerly side ®1 the house. He stated the additions were explained as a ually encl ing deck areas that were already existing. 7CharM les Huntley stated the addition on the northwest corner was sically 12' x 18' addition --a three season type of porch with a study on the econd floor. He showed the Commissioners the plans. a= GNOF FRIDLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE (612) 571-3450 NOTICE OF PUBLIC HEARING ' Notice is hereby given that the Appeals Commission of the City of Fridley will conduct a Public Hearing in the City Council Chambers at 6431 University Avenue Northeast at 7:30 p.m. on Tuesday, September 16 in regard to the following matter: Consideration of a variance request, VAR #86-25, by Raymond Wildman, pursuant to Chapter 205.07.3, D, 2b, of the Fridley City Code, to reduce the side yard setback from five (5) feet to three (3) feet to allow the construction of an attached garage on Lot 20, Block 5, Bonny Second Addition, the same being 5965 - 6th Street, Fridley, Minnesota 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. DONALD BETZOLD CHAIRMAN 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. 746458 \ rNumerical Granter Grantee Recorded_ Checked= Murgin Tr. Index_ IV rr•.s OFFICE OF COUNTY RECORDER CO STATE OF MINNESOTA. COUNTY OF ANOKA I hereby certify that the within ins" 17'..) ment was Med in this office for re=4 on the -FEB -,-'l 3 14A7 ?Wo'clock4- M., and was duly reeordfd F-* ^ Cann R Q By Appeals 9/02/86 City Council VAR #86-25 Raymond Wildman Raymond Wildman Darrell L Erickson Douglas L. Holm 5965 - 6th Street N.E. 5949 - 6th Street N.E. 5940 - 6th Street N.E. Fridley, MN 55432 Fridley, NN 55432 Fridley, MN 55432 Kenneth R. Johnson Thomas J. Carter Vernon D. Nygaard 5980 - 7th Street N.E. 5957 - 6th Street N.E. 5957 - 5th Street N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Kenneth R. Peterson John G. Gerard r John E. Casserly 5972 - 7th Street 5973 - 6th Street N.E. 05965 - 5th Street N.E Fridley, MN 55432 Fridley, MN 55432 joj—� Fridley, MN 55432 Theodore Bergstrom Michael P. Moore David L. Pinks 5964 - 7th Street N.E. 5981 - 6th Street N.E 5973 - 5th Street N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Nazeem R. Mohamed Vern G. Bandel James B. Johnson 5956 - 7th Street 5980 - 6th Street N.E. 5981 - 5th Street N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Raymond D. Johnson Donald C. Olson School District No. 14 5948 - 7th Street NE. 5972 - 6th Street N.E. 6000 West Moore Lake Drive Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Harry C. Larson Orville C. Pautsch Gerald D. Drangeid 5940 - 7th Street N.E. 5964 - 6th Street N.E. 5948 - 6th Street N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Donald R. Anderson Agnes L. Heath 5941 - 6th Street N.E. 5956 - 6th Street N.E Fridley, MN 55432 Fridley, IN 55432 Item #2, September 16, 1986 3965 - 6th STREET N. E. VAR #86-25 A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.07.3, D, 2b, requires a side yard of ten (10) feet between an attached accessory building or use and side property lines. Public purpose served by this requirement is to provide space between individual structures to reduce conflagration of fire, to provide access to the rear yard for emergencies and to limit the condition of crowding in the residential neighborhood. B. SMM HARDSHIP: "There is insufficient footage to add to existing garage on the north side. " C. A24 NISTRATIVE STAFF REVIEK: The existing garage is 13.4 feet wide. The petitioner would like to add c 9 feet onto the garage to expand it into a two car garage (22.42 feet wide) . The new addition, if approved, would be 3 feet from the north line. 71iis is the mini nium distance an unrated wall is permitted in the building code. The house to the north is 9.1 feet f rom the common property line. If the Appeals Commission approves this request the only stipulations staff recommends is that the driveway be hardsurfaced. a 'DVrYi zf? uv/at — p h 59 TH I7 S ilSzS /lBz4 i as m m� /BW. 4 150 n n ✓� 6 24 7 Viz)/B l3� Q7!p 9 n r B n Z8 /8 /7s.zz /.lszz � /tease n 7 14 6 a.�J1 .6 .77 / dr ("0�9 K 4 4 •� b o - g h 59 TH 74 I7 S ilSzS /lBz4 l as m s`kn2 Z 6 ✓� 6 24 7 Z 3 [3 Q7!p 9 �f6c / 6 6a n Z8 /8 /7s.zz /.lszz � /tease z7 6 a.�J1 74 I7 S ilSzS /lBz4 Z� as L,2 2 0 z7¢ Z 6 ✓� 6 24 7 Z 3 [3 Q7!p 9 -ro 45 n Z8 /8 /7s.zz /.lszz � z7 127 26 - .77 4 -5 22 9 z2 Z R C4 .z 0 T TH AVENUE e ° N. E. 74 I7 S ilSzS /lBz4 Z� as L,2 2 0 z7¢ Z 6 ✓� 6 24 7 Z 3 [3 Q7!p 9 -ro 45 /8 /7s.zz /.lszz � VE. N. 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FRIDLEY, MINNESOTA 55432 • PHONE (612) 571-3450 APPEALS COMMISSION ACTION TAKEN NOTICE On September 16, 1986 , the Fridley Appeals Commission officially approved your request for a variance, VAR #86-25, by Raymond Wildman, pursuant to Chapter 205.07.3, D, 2b, of the Fridley City Code, to reduce the side yard setback from five (5) feet to three (3) feet to allow the construction of an attached garage on Lot 20, Block 5, Bonny Second Addition, the same being 5965 - 6th Street N.E., Fridley, Minnesota, with the following stipulations: 1) Provide a hard surface driveway. 2) Provide a one-hour fire wall on the north side of—the garage. If the work has not commenced within one (1) year after granting this variance then the variance shall become null and void. If you have any questions regarding the above action, please call the Planning Department at 571-3450. Sincer (5:;�Junes Robinson Planning Coordination JR/ln Please review the noted stipulations, sign the statement below and return one copy to the City of Fridley Planning Department by September 30, 1986, I, 7 ✓� -�,-.� concur with the action taken. MUMUT W ffiyj—�� C UPI! LM • tD n t h �} "� N N N I\�\ \\ Z•► N N N lV . N N N N fL ji L fL �• fL S,V �C4-h�h Nip i�N 1�� 41+� � , c� � � ' .o � ..P •9 ' � ISI 019 s� tL s� st '�► o o �; cda a "' v � fid, wQ h . �r�v iV\ " =0_ ; c)°` •�► Q,�v � ss rL f� sr ,,.•• , � , oe o° i.0 ji7t 0o, �r 09 '9 T�T7f6 /Ni 't•L = Lu- - - -n.L 46 H19 3-N- •1S HIG 46L t L 4lel oiowall IV 10 egt.F 'U B I*hi� N� �a \ �7►i fes G ISL I _ � 14 1 cop � � ,+ �� a � L � ri � rL �,r;re �sri � 6eee $a5t ,r,< • os •3 •N •1S fIA Hl� .v L °v �, � � �t1 • � s (/_ tii- r� � � ti LB•OQ N NQ,N N NdAp •T g os s a .. .. •N •3nd AIIS83ni Nn�,. , OOC/r. f ooh -- ------------- --.- - - - e ,w. °e , 4\4 t�iC - 11t 1 CITYOF FRIDLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE (.612) 571-3450 APPEALS COMMISSION ACTION TAKEN NOTICE On September 16, 1986 , the Fridley Appeals Commission officially approved your request for a variance, VAR #86-25, by Raymond Wildman, pursuant to Chapter 205.07.3, D, 2b, of the Fridley City Code, to reduce the side yard setback from five (5) feet to three (3) feet to allow the construction of an attached garage on Lot 20, Block 5, Bonny Second Addition, the same being 5965 - 6th Street N.E., Fridley, Minnesota, with the following stipulations: 1) Provide a hard surface driveway. 2) Provide a one hour fire wall on the north side of -the garage. If the work has not commenced within one (1) year after granting this variance then the variance shall become null and void. If you have any questions regarding the above action, please call the Planning Department at 571-3450. Sincer JAmes Robinson Planning Coordinator- JR/ln Please review the noted stipulations, sign the statement below and return one copy to the City of Fridley Planning Department by September 30, 1986 I, , concur with the action taken. STATE OF MINNESOTA '46458 APPEALS COMMISSION PROCEEDINGS COUNTY OF ANOKA CITY OF FRIDLEY In the Matter of a Variance, VAR #86-25 VARIANCE Raymond Wildman , Owner The above entitled matter came before the Appeals Commission of the City of Fridley and was heard on the 16 day of September , 19_26 , on a petition for a variance pursuant to the City of Fridley's Zoning Ordinance, for the following described property: To reduce the side yard setback from 5 feet to 3 feet to allow the construction of an attached garage on Lot 20, Block 5, Bonny Second Addition, the same being 5965 - 6th Street N.E. IT IS ORDERED that a variance be granted as upon the following conditions or reasons: See Appeals Commission minutes of September 16, 1986; stipulations that the drivewap be hardsurface and the north wall be a fire -rated wall. STATE OF MINNESOTA ) COUNTY OF ANOKA CITY OF FRIDLEY ) OFFICE OF THE CITY CLERK I, Shirley A. Haapala, City Clerk for the City of Fridley 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 have found the same to be a correct and true transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at the City of Fridley, Minnesota, in the County of Anoka on the _ day of z 19-T, DRAFTED BY: City of Fridley 6431 University Avenue N.E. F -1 141 MN 4 2 r ey, 55 3 SHIRLEY A. AAPALA, CI Variances are valid for a period of one year following approval- and a 'shay°'bei ' considered void if not used within that period. (SEAL),, APPEALS CO14MISSION MEETING, SEPTEMBER 16.1986 PAGE 2_ 2. CONSIDERATION OF A VARIANCE REQUEST, VAR #86-25 BY RAYMOND WILDMAN PURSUANTUCE ... MOTION BY MS. SAVAGE, SECONDED BY MR. BARNA, TO OPEN TEE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE PUBLIC HEARING OPEN AT 7:32 P.M. Chairperson Betzold read the Administrative Staff Report: ADMINISTRATIVE STAFF REPORT 5965 6th Street N.E. VAR #86-25 A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.07.3, D, 2b, requires a side yard of ten (10) feet between an attached accessory building or use and side property lines. Public purpose served by this requirement is to provide space between individual structures to reduce conflagration of fire, to provide access to the rear yard for emergencies and to limit the condition of crowding in the residential neighborhood. B. STATED HARDSHIP: "There is insufficient footage to add to existing garage on the north side." C. ADMINISTRATIVE STAFF REVIEW: The existing garage is 13.4 feet wide. The petitioner would like to add 9 feet onto the garage to expand it into a two car garage (22.42 ft. wide). The new addition, if approved, would be 3 feet from the north line. This is the minimum distance an unrated wall is permitted in the building code. The house to the north is 9.1 feet from the common property line. If the Appeals Commission approves this request, the only stipulation staff recommends is.that the driveway be hard surfaced. Mr. Robinson states; this property was zoned single family and was in a predominately single family neighborhood. He stated the proposal was to dismantle the existing garage, the end of the existing garage to then be placed 3 ft. off the property line, and the gap filled in to make a 2* car garage. As pointed out in the staff report, the minimum distance an unrated fire wall was permitted in the building code was 3 ft. V APPEALS COMMISSION MEETING, SEPTEMBER 16, 1986 PAGE 3 Mr. Robinson stated he had received a telephone call from Mr. John Gerard, 5973 6th St., who stated he had no objection to the expansion as long as the garage was 3 ft. from the property line and as long as the garage overhang did not encroach onto his property. He stated he had informed Mr. Gerard that he did not think this would be a problem. Mr. Wildman stated the overhang would definitely not encroach onto the neighbor's property. The overhang would be at least one foot away from the property line. fir. Wildman stated that because his house was placed in the center of the lot, there was not enough room to add a double garage without a variance. He stated he needed a double car garage because he owned four cars. Mr.Barna asked Mr. Wildman if he had considered the possibility of adding a detached garage in the rear yard. Mr. Wildman stated he had considered it, but there was a lot of extra expense involved in putting in the hard surfaced driveway to the rear yard. There was also the snow removal problem in the winter with a long driveway. He would rather have a garage that was closer to the street. Mr. Robinson stated it was possible for the petitioner to convert the existing single garage into a double car garage without a variance by expanding it to 20.5 ft. instead of 22.5 ft. Mr. Betzold stated Staff has told them in the past that 22 ft. was a typical size for a two -car garage. Mr. Barna stated that 20 ft. was pretty tight for two cars, and normally a garage width for a two -car garage was 22 ft. Mr. Barna stated that usually on this style of house, many people convert the existing attached garage to living space and add a detached garage. Mr. Wildman stated his children are no longer living at home, and he does not need any additional living space. Mr. Robinson stated that in terms of the hardship, one consideration was that the original builder built the house with an attached single car garage which was too close to the lot line to enable the present owner to convert it to a double car garage which was required by today's code. NOTION BY MR. BARNA, SECONDED BY MS. SAVAGE, TO CLOSE THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE PUBLIC HEARING CLOSED AT 7:50 P.M. Mr. Barna stated he was having a difficult time with the hardship other than the financial hardship which they have been directed to not count 100; as a hardship. There was no physical factor to prevent a garage in the rear yard. If the Appeals Commission denied this request, the petitioner could build a APPEALS C011MISSION MEETING. SEPTEMBER 16, 1986 PAGE 4 substandard double car garage without a variance. Mr. Barna stated he would rather grant a variance and have a garage that was more resaleable and would look better in the neighborhood than to have a garage that was 2 ft. shorter. Ms. Savage stated it appeared to her that there was clearly a hardship in needing a larger garage. She felt the petitioner had expressed a hardship in the alternative which would be building a detached garage at a greater expense. Since there was no opposition from the neighbors and the request appeared to be reasonable, she would be in favor of granting the variance. Mr. Sherek stated that in looking at the property, he could understand the reason for requesting the variance in this way, because it would certainly be financial advantageous to the petitioner to expand in this way. He was having trouble with the fact that the reason for the code was to reduce conflagration of fire and to limit the condition of crowding in a residential neighborhood. He stated he would really prefer not to grant this variance. He felt it was really too close to the neighbor on the north, and that neighbor was a precedent for doing this exact same thing,because they have done an expansion and gotten very close to their neighbor. Mr. Betzold stated the test for the hardship was whether there was something unique about this property that made it unfair to enforce the code. 'In the past the Commission had looked a little more favorably on garage expansions, because many people feel it is a hardship to have a one -car garage in Minnesota, but the code does not actually say that. In this particular case, he felt a good case could be that this particular house was built in the center of the lot making it difficult to expand to a two -car garage. The petitioner could add onto the existing garage without a variance, but it would be 20 ft. wide. He agreed with Mr. Barna that he would rather not have that kind of situation. Mr. Barna stated that if the Commission did vote "no" to this variance request, with the thought that the petitioner could build a garage at the rear of the lot, the petitioner would then either have to get a special use permit for a second accessory building or convert the existing garage into living space. The petitioner had already stated he did not need additional living space, so they would be placing an additional hardship on the petitioner to either apply for a special use permit or convert. The City cannot force the petitioner to build the detached garage. He stated he thought Mr. Betzold had addressed the hardship in the uniqueness of the property in that the house was set to the center of the lot instead of offset which was normally done for future expansions. Mr. Barna stated he realized that the fire -rated wall was not required by code, but he was concerned about the closeness of the homes, and he would like a stipulation added that the north wall be a fire -rated wall. MOTION BY MS. SAVAGE, SECONDED BY MR. BARNA, TO APPROVE VARIANCE REQUEST, VAR 986-25 BY RAYMOND WILDMAN PURSUANT TO CHAPTER 205.07.3, D, 2b, OF THE FRIDLEY CITY CODE TO REDUCE THE SIDE YARD SETBACK FROM FIVE FEET TO THREE FEET TO ALLOW THE CONSTRUCTION OF AN ATTACHED GARAGE ON LOT 20, BLOCK 5, BONNY SECOND ADDITION, THE SAME BEING 5965 - 6TH STREET N.E., FRIDLEY, MINNESOTA, WITH THE FOLLOWING STIPULATIONS: I APPEALS COMMISSION MEETING, SEPTEMBER 16, 1986 PAGE 5 3. 1. THE DRIVEWAY BE HARDSURFACE 2. THE NORTH WALL BE A FIRE -RATED WALL UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION BY MR. BARNA, SECONDED BY MR. SHEREK, TO OPEN THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE PUBLIC HEARING OPEN AT 8:03 P.M. ADMINISTRATIVE STAFF REPORT 1806 Alden Way N.E. VAR #86-26 A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.25.8, C, 1, requires all new structures and uses to be placed not less than 40 feet from the top of the bluffline overlooking the Mississippi River. Section 205.25.8, C, 2, requires that all new structures and uses shall be placed not less than 100 feet from the Mississippi River normal high water line as defined by the Federal Administration's Flood Insurance Study. The Public Purpose served by the standards and guidelines as laid out by the Interim Development Regulations for the Mississippi River Corridor Critical Area are as follows: a. to preserve and protect a unique and valuable state and regional resource for the benefit of the health, sErety, and welfare of the cit,ftens for the state, region, and nation; b. to prevent and mitigate irreversible damage to this state, regional, and natural resource; a 'c. to preserve and enhance its natural, aesthetic, cultural, and historic value for the public use; CIVIC CENTER - 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 - PHONE (612) 571-3450 APPEALS COMMISSION ACTION TAKEN NOTICE On September 16, 1986 , the Fridley Appeals Commission officially approved your request for a variance, VAR #86-25, by Raymond Wildman, pursuant to Chapter 205.07.3, D, 2b, of the Fridley City Code, to reduce the side yard setback from five (5) feet to three (3) feet to allow the construction of an attached garage on Lot 20, Block 5, Bonny Second Addition, the same being 5965 - 6th Street N.E., Fridley, Minnesota, with the following stipulations: 1) provide a hard surface driveway. 2) Provide a one-hour fire wall on the north side of -the garage. If the work has not commenced within one (1) year after granting this variance then the variance shall become null and void. If you have any questions regarding the above action, please call the Planning Department at 571-3450. Sincer Janes Robinson Planning Coordina°tot- JR /ln Please review the noted stipulations, sign the statement below and return one copy to the City of Fridley Planning Department by September 30, 1986. 1' concur with the action taken. SUBJECT RMIT NO. City of Fridley Vo19135 AT THE TOP OF THE TWINS BUILDING PERMIT EIPT NO. l' � 16; •��_•.� COMMUNITY DEVELOPMENT DIV. e� v yI A v PROTECTIVE INSPECTION SEC. t♦ , UMBER REV. DATE PAGE OF APPROVED BY 1 ! i CITY HALL FRIOLEY 85432 �••_•'�'� �'� 612-571-3450 910 -FIB r 8/27/87 JOB ADDRESS 5965 - 6th Street N. E. 1 LEGALLOT NO. 20 BLOCK 5 TRACT OR ADDITION SEE ATTACHED Bonny Addition SHEET DESCR. PHONE 2 PROPERTY OWNER MAIL ADDRESS ZIP 579-1014 Raymond Wildmar 5965 - 6th Street N.E. 3 CONTRACTOR MAIL ADDRESS ZIP PHONE LICENSE NO. Merrill Noen Contractor 4441 Madison Street N.E. , Mpls. 55421 788-7758 4 ARCHITECT OR DESIGNER MAIL ADDRESS ZIP PHONE LICENSE NO. 5 ENGINEER MAIL ADDRESS ZIP PHONE LICENSE NO. 8 USE OF BUILDING Residential 7 CLASS OF WORK ❑ NEW ADDITION ❑ ALTERATION ❑ REPAIR ❑ MOVE ❑ REMOVE - 8 DESCRIBE WORK Construct a 24' x 911" Garage Addition 9 CHANGE OF USE FROM TO STIPULATIONS Variance (86-25) approved side yard from 5' to 3' for garage on 9/16/861 with the stipulations that a hard surface driveway be provided and that the north garage wall is to be a fire rated wall with no Openings. See notations on plan for. 42" frost footings and 2" x 6" rafters or trusses. rVARNING �,tion.:diggintjai! lacal utilities SEPARATE PERMITS REQUIRED FOR ``I'HONE • E 1916 ® GAS Etc. WIRING, HEATING, PLUMBING AND SIGNS. REQUiRV LAW TYPE OF CONST. OCCUPANCY GROUP OCCUPANCY LOAD SEPARATE PERMITS ARE REOUIRED FOR ELECTRICAL, PLUMBING, HEATING, VENTILATING OR AIR CONDITIONING. THIS PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION ZONING SO. FT. CU. FT. AUTHORIZED IS NOT COMMENCED WITHIN 80 DAYS, OR IF CONSTRUCTION OR WORK IS SUSPENDED OR ABANDONED FOR A PERIOD OF 120 DAYS AT NO. DWLG. UNITS OFFSTREET PARKING ANY TIME AFTER WORK IS COMMENCED. I HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS APPLICATION 1 STALLS GARAGES VALUATION SURTAX $1.75 AND KNOW THE SAME TO BE TRUE AND CORRECT. ALL PROVISIONS OF LAWS BE COMPLIED AND GOVERNING THIS TYPE OF WORK WILL $3,500 500 .ORDINANCES WITH WHETHER SPECIFIED HEREIN OR NOT. THE GRANTING OF A PERMIT SAC CHARGE DOES NOT PRESUME TO GIVE AUTHORITY TO VIOLATE OR CANCEL THE PERMIT FEE PROVISIONS OF ANY OTHER STATE OR LOCAL LAW REGULATING CON- $44.50 STRUCTION OR THE PERFO MANCE OF CONSTRUCTION. q -2 � ' PLAN CHECK FEE !\ TOTAL FEE $46.25 YOUR PERMIT SIGNATURE OF CONTRACTOR OR AUTHORIZED AGENT IDATEI WHEN PROPE t"V\VALIDATEED THIS IS •(� 1A I SIGNATURE OF OWNER IIF OWNER BUILDERI IDATEI BLDG INSo q°TF s W] VA) Jib j ---.nQ,-- 4 --135'- -