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VAR 95-33% V CITY OF FRIDLEY APPEALS COMMISSION MEETING, NOVEMBER 21, 1995 Chairperson Savage called the November 21, 1995, Appeals Commission meeting to order at 7:30 p.m. ROLL CALL: Members Present: Diane Savage, Larry Kuechle, Carol Beaulieu Members Absent: Ren Vos, Cathy Smith Others Present: Michele McPherson, Planning Assistant Jim Freichels, 6051 - 6th Street N.E. Dick & Ardyce Edwards, 6050 - 7th Street N.E. David Erickson, Erickson Oil Properties, Inc. MOTION by Mr. Kuechle, seconded.- by Ms. Beaulieu, to approve the November 7, 1995, Appea16 Commission minutes as written. UPON A VOICE.VOTE,-ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. reduce the side yard setback of�an attached garage from 5 feet to 3 feet to allow the construction of a 17.6 foot by 20 foot addition to an existing attached garage, on Lot 14, Block 1, Bonney Addition, generally located at 6051 - 6th Street N.E. MOTION by Ms. Beaulieu, seconded by Kuechle, to waive the reading of the public hearing notice and to open the public hearing. UPON A VOICE VOTE, ALL VOTING.AYE# CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:33 P.M. Ms. McPherson stated the variance request is to reduce the side yard setback for an attached accessory structure from 5 feet to 3.3 feet. The property is located at 6051 - 6th Street which is south of 61st Avenue, west of 7th Street, and on the east side of 6th Street. The purpose of the request is to allow construction of a 17 foot x 20 foot addition to the rear of an existing attached garage. Also located on the subject parcel is a single family dwelling unit. Ms. McPherson stated a variance was granted in 1965 to allow a 4 - foot setback for a garage. The garage was built closer than the APPEALS COIMIISSION MEETING, NOVEMER 21, 1995 PAGE 2 variance granted. With the addition, the entire length of the garage wall would be approximately 42 feet. Located south of the subject parcel is also a single family dwelling unit. The bedroom side of the dwelling unit to the south is located adjacent to the proposed addition area. Ms. McPherson stated the petitioner has some options which would allow him to meet the setback requirements, including constructing the addition at the 5 -foot setback, thereby creating a jog in the wall and adding some architectural interest for the adjacent property to the south, or the petitioner could construct a detached accessory structure which would require a special use permit. Ms: McPherson stated this request is within previously granted variances. Staff has no recommendation regarding the request. If the Appeals Commission chooses to approve the request, staff recommends the following stipulations: 1. 'There shall be no openings in the wall of the addition. 2. The wall shall be one hour fireproofed to the roof deck. 3. The existing garage shall be- retrofitted to meet the fire code. Mr. Kuechle asked if the existing garage did not meet the fire code requirements because of the proximity to the adjacent living space. Ms. McPherson stated the existing garage does not meet the fire code requirements because there is an opening (a window). If the structure is closer than 5 feet from the lot line, the fire code requires that there be no openings in that wall. Mr. Ruechle stated he understands this to mean this does not require a fire -rated wall, just no windows. Ms. McPherson stated this is correct. Theoretically, the petitioner could add a layer of sheetrock on the inside of the garage and that would meet the fire code. Mr. Freichels stated that regarding the ordinance and the three issues the summary mentions, the summary states the public purpose is to provide space between structures to reduce the possibility of a fire. 'The proposed addition does not increase the fire risk. The proposed addition is actually further away from the adjacent property than the existing garage. There is no additional fire hazard due to the addition. Mr. Freichels stated the summary states the public purpose is to provide access to the rear yard for emergencies. Again, the proposed addition does not decrease access to the rear yard. It is APPEALS CM44aSSION NEETING, NOVEMBER 21, 1995 PAGE 3 the same with or without the addition. The variance granted in 1965 affected the rear access. Mr. Freichels stated the summary stated the public purpose is to limit the condition of crowding in the residential neighborhood. The proposed addition will not crowd any more than the existing structure. The actual space between the structure on his property to the adjacent property is greater than the 10 feet required by the 5 -foot setback. The actual distance between the buildings is 12 feet from eave to eave. If the structures were built according to the ordinance, they could actually be closer. Due to the neighbor's structure being over further, there is approximately 13 feet between them. This block has three structures that encroach closer than his property after the addition. Mr. Freichels stated staff recommended three stipulations. He questioned the first stipulation. Ms. McPherson stated the first stipulation requires there be no openings along the side of the structure adjacent to the property line. This .means there ' can be no .windows,. doors, etc. If the structure met the 5 -foot setback, openings would be allowed along that side. Mr. Freichels stated they are 12 feet from eave to eave. There is no additional fire hazard associated with the addition than currently exists. Ms. McPherson stated the fire code cannot be waived. The fire code does not take into account the proximity of adjacent structures. It talks about the structure on the lot in proximity to the lot line. Because the structure is less than 5 feet from the lot line, the fire code states there can be no openings in the wall. The third stipulation may be a point of negotiation with the building official. The addition itself cannot have any openings. Mr. Freichels stated they did agree that the new structure should be one hour rated for fire. He requested the Commission's approval. He thought the issue was rather straightforward. Ms. Savage stated the Commission cannot grant a variance unless there is a hardship. Mr. Freichels stated that if he were to do what staff asks to move the proposed addition over 5 feet, he would have to move the electrical service box and outside plumbing. There is also a tree in the back yard in that area. He could not go back further without encroaching on a large maple tree. Ms. Savage asked what the addition would be used for. f APPEALS CCMaSSION METING, NOVEMBER 21, 1995 PAGE 4 Mr. Freichels stated he had three .children and bicycles plus other things they need to use. He wants to use the addition for storage. They have wood for a fireplace. When his children drive, he will need another place for a car. Staff had talked about a shed. The price difference is not great enough for the property value as adding on. It is also cheaper to come straight off the lines of the house. When the house was built, the garage was not built the way it was supposed to have been. It was also moved over. It was supposed to be even with the roof line. With the addition, that is what they are proposing to do. It is also easier for the truss work. Ms. Savage asked if the neighbors objected. Mr. Freichels stated they had no objections. The neighbor to the south told him they would support the request. There is quite a distance between them and the neighbor because their house is moved to the south. The neighbor who lives behind their house is at the meeting. Ms. Beaulieu.asked the petitioner ifthey built the house. Mr. Freichels•stated, no., They moved into the house nine years ago. The house was built earlier. It was damaged by the tornado in 1965 and that is when the garage was built. Mr. Kuechle asked the width of the existing garage. Mr. Freichels stated the existing garage is 20 feet wide. Ms. Edwards stated they live behind the petitioner on 7th Street. They are in favor of the proposed addition. The petitioner now has a small lean-to type of structure. Many days, they could not get their things into that structure. To her, it would be worthwhile if they were able to build a bigger structure to keep their things inside. She did not think it would make a difference to the back yard. She has a shed in the back yard to do the same type of thing. MOTION by Mr. Kuechle, seconded by Ms. Beaulieu, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:46 P.M. Mr. Kuechle stated he would be inclined to recommend approval. He thought the hardship was a bit weak. The petitioner could offset the addition the amount that would be required. It might even look better and break up the length of the wall. However, he felt it would picky to say no. He would vote yes. APPEALS CCbZaSSION FETING, N07ZMBER 21, 1995 PAGE 5 Ms. Beaulieu agreed. The fact that someone else built beyond the variance was existing when the petitioner moved in. They did not create that. They are adding to that wall. Also, there is a tree that might have to be harmed or moved if the petitioner were to build in a different direction. She saw no detriment. MOTION by Mr. Kuechle, seconded by Ms. Beaulieu, to recommend approval of Variance Request, VAR #95-33, by James and Kathleen Freichels, to reduce the side yard setback of an attached garage from 5 feet to 3 feet to allow the construction of a 17.6 foot by 20 foot addition to an existing attached garage, on Lot 14, Block 1, Bonney Addition, generally located at 6051 - 6th Street N.E., with the following stipulations: 1. There shall be no openings in the wall of the addition. 2. The wall shall be one hour fireproofed to the roof deck. 3. The existing garage shall be retrofitted to meet the fire -code. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED•UNANIMOUSLY. 2. Per Section 214.11.02.E of the Fridley City Code, to increase the maximum size of a f ee-standing sign from 80 square feet to 126 square feet on Lo1, Block 1, Commerce Park Addition, generally located at 760 University Avenue N.E. MOTION by Ms. Beaulieu, seco. of the public hearing notice UPON A VOICE VOTE, ALL VOTING. MOTION CARRIED AND THE PUBLIC by Kuechle, to waive the reading to open the public hearing. CHAIRPERSON SAVAGE DECLARED THE ING OPEN AT 6:50 P.M. Ms. McPherson stated the request i for a sign variance by Erickson Oil Properties to increase the ximum square feet of a free- standing sign from 80 square feet t 126 square feet. The request is for 7600 University Avenue N E. which is located in the southwest corner of the intersection of Osborne Road and University Avenue. The property is zoned -2, General Business. The petitioner is proposing to install a sign with the Conoco logo at the top, several price items, and th Freedom logo at the bottom. The petitioner recently completed con truction of the new Freedom store at that corner. The petitioner oved the existing building on the site and constructed a new stat'on. Ms. McPherson stated the sign code requi es that the applicant meet four conditions prior to approval. Sever4l years ago, the City did G7YOF FRIDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY. MN 55432 • (612) 571-3450 • FAX (612) 571-1287 November 22, 1995 James & Kathleen Freichels 6051 - 6th Street N.E. Fridley, MN 55432 Dear Mr. & Mrs. Freichels: On November 21, 1995, the Fridley Appeals Commission officially approved your request for a variance, VAR #95-33, to reduce the required side yard setback from 5 feet to 3 feet, to allow the construction of a 17.6 foot by 20 foot addition to an existing garage on Lot 14, Block 1, Bonney Additional, generally located at 6051 - 6th Street N.E. Approval of this variance request is contingent upon the following stipulations: 1. There shall be no openings in the wall of the addition. 2. The wall shall be one hour fire rated to the roof deck. 3. The existing garage shall be retrofitted to meet the fire code requirements. You have one year from the date of Appeals Commission action to initiate construction. If you cannot begin construction in time, you must submit a letter requesting an extension at least three weeks prior to the expiration date. If you have any questions regarding the above action, please call me at 572-3593. Sinc rely, Michele McPherson, BLA Planning Assistant MM/ls Please review the above, sign the statement below and return one copy to the City of Fridley Planning Department by December 6, 1995. ro cur w' h a�tio aken. a/�= i • James & Kathleen Freichels 6051 - 6th Street N.E. Fridley, MN 55432 Dear Mr. & Mrs. Freichels: 0 November 22, 1995 On November 21, 1995, the Fridley Appeals Commission officially approved your request for a variance, VAR #95-33, to reduce the required side yard setback from 5 feet to 3 feet, to allow the construction of a 17.6 foot by 20 foot addition to an existing garage on Lot 14, Block 1, Bonney Additional, generally located at 6051 - 6th Street N.E. Approval of this variance request is contingent upon the following stipulations: 1. There shall be no openings in the wall of the addition. 2. The wall shall be one hour fire rated to the roof deck. 3. The existing garage shall be retrofitted to meet the fire code requirements. You have one year from the date of Appeals Commission action to initiate construction. If you cannot begin construction in time, you must submit a letter requesting an extension at least three weeks prior to the expiration date. If you have any questions regarding the above action, please call me at 572-3593. Sincerely, Michele McPherson, BLA Planning Assistant MM/ls Please review the above, sign the statement below and return one copy to the City of Fridley Planning Department by December 6, 1995. Concur with action taken. W1 0 r CITY OF FRIDLEY CrIYOF COMMISSION APPLICATION REVIEW File Number File Date Meeting Date 61 10/25/95 11/217/95 File Description: VAR #95-33 by James & Kathleen Freichels, 6051 - 6th St. N.E. Side yard setback for garage addition Complete Review Checklist; Return to The Community Development Department *** Comments *** Barbara Dacy Scott Hickok Michele McPherson Jon Wilczek John Flora Ron Julkowski Leon Madsen Dave Sallman Dick Larson 6051 - 6th Street N.E. Side Yard Variance Request DESCRIPTION OF REQUEST: The petitioner requests that a variance be granted to reduce the side yard setback for an attached accessory structure from 5 feet to 3.3 feet. If approved, the petitioner would construct a 17.75' X 20' addition to the rear of the existing attached garage. SUMMARY OF ISSUES: Section 205.07.04.D.(2).(b) of the Fridley City Code requires a sideyard setback of 5 feet for all attached accessory structures. Public Purpose served by this requirement is to provide space between individual structures to reduce the possibility of fire, to provide access to the rear yard for emergencies, and to limit the condition of crowding in the residential neighborhood. The property was granted a variance in 1965 to reduce the side yard setback from 5 feet to 4 feet to allow reconstruction of the garage and dwelling after the storm. The petitioner can meet the setback requirements, or construct a detached structure which would require a special use permit. The petitioner's request is within previously granted requests. RECOMMENDED ACTIONS: Staff has no recommendation regarding the request. If approved, staff recommends the following stipulations: 1. There shall be no openings in the wall of the addition. 2. The wall shall be one hour fire rated to the roof deck. 3. The existing garage shall be retrofitted to meet the fire code requirements. PROJECT DETAILS Petition For. A variance to reduce the side yard setback from 5 feet to 3.3 feet. Location of Property: 6051 - 6th Street N.E. Legal Description of Property: Lot 14, Block 1, Bonny Addition Size: 10,147.5 square feet Topography: Flat Existing Vegetation: Typical suburban, trees, sod, etc. Existing Zoning/Platting: R-1, Single Family, Bonny Addition 1956 Availability of Municipal Utilities: Connected Vehicular Access: 6th Street N.E. Pedestrian Access: N/A Engineering Issues: N/A Site Planning Issues: DEVELOPMENT SITE Section 205.07.04.D.(2).(b) of the Fridley City Code requires a sideyard setback of 5 feet for all attached accessory structures. N Public Purpose served by this requirement is to provide space between individual structures to reduce the possibility of fire, to provide access to the rear yard for emergencies, and to limit the condition of crowding in the residential neighborhood. Analysis Located on the subject parcel is a 24' X 41' dwelling with an attached 20' X 24' garage. Originally constructed in 1956, they were reconstructed in 1965 after the storm A variance was granted in 1965 to allow a setback of 4 feet for the garage. The petitioner is proposing to construct a 17.75' X 20' addition to the rear of the existing garage, thereby increasing the length of the wall to 41.751. Located on the property to the south is a single family dwelling unit with the bedrooms adjacent to the subject property. The property appears to meet the 10 foot setback requirements. A four foot hedge and chain link fence separate the parcels, and provide some visual relief from the proposed addition. The petitioner could meet the setback requirements, providing a jog in the addition, which would provide visual interest, and reduce the impact of a 41' long wall. The petitioner could also construct a detached accessory structure elsewhere on the property. This option would require a special use permit, however, it would reduce the aesthetic impacts on the property to the south. The request, however, is within previously granted requests. Staff has no recommendation regarding the request, as it is within previously granted requests. If the Commission chooses to approve the request, staff recommends the following stipulations: 1. There shall be no openings in the wall of the addition. 2. The wall shall be one hour fire proofed to the roof deck. 3. The existing garage shall be retrofitted to meet the fire code. ADJACENT SITES WEST: Zoning: R-1, Single Family Dwelling Land Use: Residential SOUTH: Zoning: C-2, Single Family Dwelling Land Use: Residential EAST: Zoning: C-2, Single Family Dwelling Land Use: Residential NORTH: Zoning: C-3, Single Family Dwelling Land Use: Residential Comprehensive Planning Issues: Public Hearing Comments: r O 0 n O z 4th Avenue N.E. A co 6th Street N.E. w �if w reet NX 5th Street N.E. Va = o1 to o v C G w0 0 5th Street N.E. Va = o1 to o • PUBLIC HEARING BEFORE THE APPEALS COMMISSION • Notice is hereby given that the Appeals Commission of the City of Fridley will conduct a Public Hearing at the Fridley Municipal Center at 6431 university Avenue N.E. on Tuesday, November 21, 1995, at 7:30 p.m. for the purpose of: Consideration of variance request, VAR #95- 33, by James and Kathleen Freichels, pursuant to Section 205.07.04.D.(2).(b) of the Fridley City Code to reduce the side yard setback of an attached garage from 5 feet to 3 feet to allow the construction of a 17.6 foot by 20 foot addition to an existing attached garage, on Lot 14, Block 1, Bonney Addition, the same being 6051 - 6th Street N.E., Fridley, MN 55432 All persons desiring to be heard shall be given the opportunity at the above stated time and place. DIANE SAVAGE CHAIRPERSON APPEALS COMMISSION Any questions related to this item may be referred to the Fridley Community Development Department, 572-3592. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than November 14, 1995. CITY OF FRIDLEY p 6431 UNIVERSITY AVENUE N.E. FRIDLEY, MN 55432 (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT 2 VARIANCE APPLICATION FORM PROPERTY INFORMATION - site plan required for submittal; see attached Address: 42061 Si vA 5freet A).5.. Fors d.l e y ,_�'(lV Property Identification Number J� ' Legal description: Lot Fo t i rtar) �10 , B locX One 6), Ronne dd I ! on Lot y Block Tract/Addition n I'1 Current zoning: Square footage/acreage C�� 14 5 5a'a.. l Reason for variance and hardship: -T-6 mQ Ck Si &_I; nes of etc i strnQ 51 ruc re, CMa +0 PEd U C P P WPn-V Of re 19 o okity Code: Have you operated a business in a city which required a business license? Yes No )< If yes, which city? If yes, what type of business? Was that license ever denied or revoked? Yes No NNNNNNN NNwW NNNv FEE OWNER INFORMATION (as it appears on the property title) (Contract Purchasers: Fee Owners must sign this form GV - 2:'. SIGNATURE PETITIONER INFORMATION to processing) .! 1 DAYTIMEPHONE 571 - 2950 DATE jd%a5/95 SIGNATURE Fee: $100.00 $ 60.00 for residential properties Permit VAR # Receipt # i fo 7 Application received by: Scheduled Appeals Commission date: .heduled City Council date: APPLICATION DATE City of Fridley Community Development Variance Process APPEALS COMMISSION DATE CITY COUNCIL DECISION CITY RECORDS ACTION AT ANOKA COUNTY • • r., VAR #95-33ames & Kathleen Freichels ohn Hmsverk James & Kathleen Freichels W5051 - 6th Street N.E. 0070 - 7th Street N.E. 6051 - 6th Street N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 School District #14 Frederick & Delores Barrett Richard & Ardyce Edwards 6000 West Moore Lake Drive. 6060 - 7th Street N.E. 6050 - 7th Street N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Earl & Charlene Hatten Susan Schmidt Gerald & Judith Henneberg 6040 - 7th Street N.E. 6030 - 7th Street N.E. 6020 - 7th Street N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Virgil & Lucille Haugen Arlo & Marilyn Schweikert Sheldon & Mary Borud 6010 - 7th Street N.E. 6000 - 7th Street N.E. 6001 - 6th Street N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Leslie & Gloria Coleman Ingvald & Mabel Rossing Chester & Jeanette May 6011 - 6th Street N.E. 6021 - 6th Street N.E. 6031 - 6th Street N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Annella & James Ehlert Glen & Linda Huebner David Cooper 6041 - 6th Street N.E. 6061 - 6th Street N.E. 6071 - 6th Street N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 John & Eleanor Jensen Robert & Sharon Ness Christopher & Barb Rodgers 6070 - 6th Street N.E. 6060 - 6th Street N.E. 6050 - 6th Street N.E. Fridley, MN 55432 Fridley, MN 5543 Fridley, MN 55432 Daryl & Lori Vossler Alvin & Bernadette Bovy Victor & Alice Zick 6040 - 6th Street N.E. 6030 - 6th Street N.E. 6021 - 5th Street N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Doug & Christine Rodemeyer Delores Keith Dominick Scarcella 6031 - 5th Street N.E. 6041 - 5th Street N.E. 6051 - 5th Street N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Gregory & Luella Severson Betty Borske Steven & Barbara Haynus 6061 - 5th Street N.E. 6071 - 5th Street N.E. 6020 - 6th Street N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Bernice Weller 6011 - 5th Street N.E. Fridley, MN 55432 Phillip & Shirley Eddy 6110 - 6th Street N.E. Fridley, MN 55432 Kim Jm Hyun & Jung Sook 6111 - 5th Street N.E. Fridley, MN 55432 James Bjorklund 6110 - 7th Street N.E. Fridley, MN 55432 Cameron 011ila R J. Slater 6111 - 6th Street N.E. Fridley, MN 55432 Richard & Shirley Beck 6100 - 6th Street N.E. Fridley, MN 55432 Patricia Dufresne 6121 - 5th Street N.E. Fridley, MN 55432 Edmond & Selina Sworsky 491 - 61st Avenue N.E. Fridley, MN 55432 Ralph & LaVonne Sommer 6101 - 6th Street N.E. Fridley, MN 55432 Donald & Sharon Eltgroth 6120 - 6th Street N.E. Fridley, MN 55432 William & Cheryl Kennedy 6101 - 5th Street N.E. Fridley, MN 55432 Lawrence Waldhauser 6120 - 7th Street N.E. Fridley, MN 55432 John & Phyllis Banholzer 6121 - 6th Street N.E. Fridley, MN 55432 School District #14 6000 West Moore Lake Dr. Fridley, MN 55432 Stan & Adeline Musial Dean Weigel Lorraine Lanahan 455 - 60h Avenue N.E. 6000 - 6th Street N.E. 6005 - 5th Street N.E. 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