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VAR 04.85_ CITY OF FRIDLEY, COMMISSION APPLICATION MINNESOTA REVIEW Deportment $W Nue w ev page _ Approved by Planning 26 FILE No. AOONcss Variance PuA DATE COMPLETE REVIEW CHECKLIST 5536 - 38 7th Street N.E. 4/5/85 RETURN TO PLANNING Lots 4 & 5, Block 8, Hami 1 t t6 OATE Add, to Mechanicsville PHIL - a Darrel - Ww. . Mark Clyde. ecr" sr -- John CIVIC CENTER - 6431 UNIVERSITY AVE. N.E., FRIDLEY, MINNESOTA 55432 - PHONE (612) 571-3450 NOTICE OF PUBLIC HEARING April 12, 1985 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, April 23,1985 in regard to the following matter: Consideration of a request for variances pursuant to Chapter 205 of the Fridley Code, to reduce the required square footage for a double bungalow from the required 10,000 square feet to 9,416 square feet; to reduce the side yard setback.from 17 1/2 feet to 5 feet; and reduce the front yard setback on a portion of the front yard from 35 feet to 11.5 feet, to allow the construction of a double bungalow on Lots 4 and 5, Block 8, Hamilton's Addition to Mechanicsville, except that part which lies southeasterly of the following described line: Beginning at a point on the south line of said Lot 5, distant 25 feet west of the southeast corner thereof; thence run northeasterly to the corner of Lot 4, and there terminating, the same being 5536-5538 7th Street N.E. 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 APPEALS COMMISSION MEETING;'APRIL'23;'1985 ......... ......... PAGE 4 Ms. Gabel stated she, too, was not very clear on the hardship. She suspected the hardship initially was that the petitioner needed a garage; however, the placement of the garage was somewhat in question. She did not have a specific problem with the garage being lined up with the house as it might be desirable in terms of the neighborhood, and she certainly thought the boulevard was big enough.to sustain that. She could understand the need for the garage. Her concern was she did not think the hardship was clear enough for her to vote in favor of the variance. Mr. Barna stated the Commission has helped find hardships for many people over the years, and whether they created the hardships or verbalized the hardships was immaterial. He could visualize the hardship in this.case as the placement of the bedroom window. He stated some people have not had the kind of experience the Appeals Commission has had in being able to verbalize their hardships. Mr. Betzold stated he disagreed. He stated petitioners come to the hearings pretty regularly knowing exactly what the circumstances are and why they wanted something, and the Commission has never had to stretch this far. Ms. Gabel asked Mr. Clark that if this variance was denied, could the petitioner go the full 25 ft. back without needing a variance? Mr. Clark stated that at 20 ft., there would still be 26 ft. between the patio and the north property line, but it would put the garage right in the middle of the back yard. Mr. Betzold stated he would still feel more comfortable going along with the City's recommendation of 20 ft. rather than 172 ft. The city does want a little more distance between the street and the garage if possible, and he did not think 20 ft. was that much more. MOTION BY MR. BARNA TO APPROVE THE VARIANCE REQUEST AS REQUESTED. MOTION DIED FOR LACK OF A SECOND. MOTION BY MR. BETZOLD, SECONDED BY MR, BARNA, TO APPROVE THE VARIANCE REQUEST PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY CODE TO REDUCE THE SIDE YARD SETBACK ON A CORNER LOT FROM 25 FEET TO 20 FEET TO ALLOW THE CONSTRUCTION OF A 22 FT. BY 24 FT. DETACHED GARAGE ON LOT 4, BLOCK 1, VALLEY VIEW MANOR, THE SAME BEING 6880 CHANNEL ROAD N.E. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. SAME BEING*60Request y David U. Byrrq,ree .E., ey, Mn. 55432). APPEALS COMMISSION MEETING,'APRIL 23,*1985' " " " " ..'. PAGE 3 Mr. Betzold stated he was concerned about safety --the line of sight for cars caning around the corner. Mr. Maas had stated that cars were getting smaller, but he was not so sure about that. Mr. Betzold stated he has seen pick-up trucks and boats parked in driveways. The purpose of the 20 ft. is to move things away so cars coming around the corner can see the oncoming traffic. Mr. Maas stated he did not see the problem. The boulevard was 171-, ft. which was room enough for a vehicle right there. There was no obstruction, other than the telephone pole, for traffic coming around the corner. The traffic does not travel too fast because the street is only. one half block long. Mr. Barna stated he had no problem with the line of sight and, aesthetically, the garage would look better in line with the house. His problem was still with the hardship as stated. Ms. Gabel stated that legally for the Appeals Commission to grant a variance the petitioner needs to demonstrate a hardship. If the lay of the land or the amount of land, or something like that, causes a unique hardship, then the hardship is demonstrated. The desire or wish to do something was different from a hardship. Mr. Maas stated the noise from the highway was tremendous and was getting worse The only way he can stop some of that noise was to put up a building and a fence. His bedroom window was on the south, and there was a lot of traffic noise, especially in the summertime and on weekends. Mr. Barna suggested that the hardship could be that because the bedroom window is 4 ft. from the forward edge of the southerly end of the house, having the garage at 17;.- ft. would shield the sounds from Highway 65 better than it would if the garage was placed at 20 ft. MOTION BY MR. BARNA, SECONDED BY MR. BETZOLD, TO CLOSE THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC HEARING CLOSED AT 7:50 P.M. Mr. Barna stated he would have no problem.with the garage. being lined up with the side of the house. If the garage was proved 2k ft. back as suggested by Staff, it has been demonstrated that it would create a hardship as far as the master bedroom was concerned. There would still be 34 ft. from the front of the garage to the curb, and he knew there were a lot of side yards with 2-3 ft. boulevards that were only 18-19 ft. from the curb. He would be in favor of granting the variance. Mr. Betzold stated he was not in favor of granting the variance. He stated the hardship was entirely manufactured by the Commission. Finding the hardship was not the role of the Commission. The Appeals Commission has a responsibility, and he did not see the hardship. APPEALS COMMISSION'MEETING;'APRIL-23;'1985 .............. 'PAGE 5 MOTION BY MR. BETZOLD, SECONDED BY lit. BARNA, TO OPEN THE PUBLIC HEARING. UPON A VOICE VOTE, ALL -VOTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC HEARING OPEN AT 7:58 P.M. Chairperson Gabel read the Administrative Staff Report: ADMINISTRATIVE STAFF REPORT 6020 4th Street N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.07.1.B4.a restricts the size of an accessory building to not exceed 100% of the first floor area of the dwelling unit or a maximum of 1,000 square feet. B. STATED HARDSHIP: "Room is needed and required for storage. The existing garage would be used for storage and a basic home workshop or area. The new garage or proposed garage addition would be for the cars and a few specific items related to automobiles. Items to be stored include a canoe, bikes, ladders, snowmobile and trailer, snowblower, lawnmower, motorcycle, and home tools or shop items along with general items that can be stored." C. ADMINISTRATIVE STAFF REVIEW: If the Board moves to approve this request, the Staff has no suggested stipulations. Mr. Clark showed the Commissioners an aerial photo of the property and a Polaroid photo of the house. He stated the garage addition was to be placed in front of the existing garage and would be attached to the house with a breezeway. Mr. Byrne stated he moved into the house in October 1984, so he has endured one winter with the snow. He stated the street level is exactly one foot higher than the existing garage so all the run-off goes into his garage. That was one hardship. The other hardship was he has many material items that need to be stored so his yard does not look like a junkyard. He wants to start making improvements to his property for safety and aesthetics for his family and himself and the neighborhood. He stated the existing garage would be used for storage and the proposed garage, 18 ft. by 24 ft. would be used for two vehicles. He stated he was in the carpenter trade and would like to use his tools to the best of his ability to improve his proeprty. There was no commercial use or business use intended. Mr. Betzold asked Mr. Byrne why he just didn't continue to use the existing garage as a garage and then add on to the house either to the north or to the west. Mr. Byrne stated he could add on to the house to the north, but he had no desire ;Pak so. He wanted to create space for storage of material items, not livable APPEALS COMMISSION MEETING, APRIL 23, 1985 PAGE 6 Mr. Betzold stated there was a part in the city code passed specifically to avoid what the petitioner was trying to do. He felt that because of the way the lot was structured, the petitioner had ample room to do what he was trying to do without a variance. Mr. Byrne stated what he was trying to do was tie all the buildings together. It is all laid out so that it will be aesthetically pleasing. There will be different roof lines. He was trying to create something that was aesthetically pleasing, not only for himself, but also for the neighborhood. Mr. Barna stated he had not considered the possibility of building to the north. Why have to go to the northwest corner of the lot to dig out a snowblower or whatever when the driveway is on the northeast side? He wondered if the petitioner intended to keep the garage door in the existing garage in order to drive vehicles through from the new structure into the existing garage. Mr. Byrne stated he planned on having a 6 ft. x 6 ft. service door between the two structures. Mr. Barna stated the layout of the structure did look nice. As far as the size of the building, from the front, it was not going to look any bigger than a lot of larger homes in the area. !NOTION BY MR. BETZOLD, SECONDED BY MR. BARNA, TO CLOSE THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC HEARING CLOSED AT 8:20 P.M. Mr. Betzold stated that since this was a new code provision, he could see more requests coming in in the future from people wanting to build larger storage spaces, and the code simply does not allow it. The wisdom of the code was not the Commission's province but finding the hardship was. Mr. Barna stated they are going to start seeing a new society of people with smaller families requiring less living space but needing larger storage space for recreational -type vehicles --trailers, boats, motorcycles, RV's. The code requires a garage for any new structure, but yet now they want to turn around and limit the size of the garage. Maybe the City should be looking at whether the code should have been changed to just 1,000 square feet. rather than allowing something that was aesthetically designed with the house. He stated it was the Commission's charge to see whether the code was viable in this particular instance, and he felt in this instance the variance should be granted and the structure should be allowed. Ms. Gabel stated she felt it was true that there are going to be smaller families and they are going to be more recreation -oriented which means they are going to have a need for storage of different items. However, she did have a problem with the garage being larger than the house. If they are going to see a lot of these kinds of requests, then perhaps the Planning Commission and City Council should take a look at this part of the code. r APPEALS COMMISSION MEETING, -APRIL 23, 1985'' PAGE 7 Mr. Clark stated that if indeed the petitioner needs more storage space, to meet code he can only add about 10 ft. onto the existing garage, which would probably not look too good to people driving by, and it would not give him room for a breezeway. He stated this was a smaller home, built in 1956, and most new homes are built much larger than this. He stated he has not gotten a permit for a house to be built less than 1,000 sq. ft. for the last five years. He did not know if it was good to have the code changed for just one instance. Mr. Betzold stated that, in other words, if the petitioner had happened to have a larger house, he would not have needed the variance. That helped clarify the situation a little more, but he still felt this particular provision in tfie code needed to be reviewed again. MOTION BY MR. BETZOLD, SECONDED BY MR. BARNA, TO RECOMMEND APPROVAL OF VARIANCE REQUEST PURSUANT TO CHAPTER 205 OF TRE FRIDLEY CITY CODE TO ALLOW THE TOTAL OF THE ACCESSORY BUILDINGS TO BE 1,000 SQUARE FEET, WITH A DWELLING OF 900 SQUARE FEET, AN EXCESS OF 100 SQUARE FEET, TO ALLOW THE CONSTRUCTION OF A GARAGE ADDITION. -AND A BREEZEWAY ON LOTS 12 AND 13, BLOCK 4, HYDE PARK, THE SAME BEING 6020 4TH STREET N.E., SUBJECT TO REVIEW BY THE PLANNING COMMISSION AND REVIEW AND FINAL APPROVAL BY THE CITY COUNCIL. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Gabel stated the minutes of this meeting would go to the Planning Commission on May 8. The Planning Commission would review the minutes but would not take any action. Final approval would be by the City Council on May 20. 3. VARIANCE REQUEST PURSUANT TO CHAPTER 214 OF THE FRIDLEY CITY CODE TO INCREASE 'TRE79UARE FOOTAGE OFA FREE STANDING SIGN FROM'80'SQUARE FEET'TO'98 SQUARE =VUR A SERVICE STATION LOCATED ON PART OFUT 33, AUDITOR'S S SAME BEING 6485'EAST'RIVER ROAD'N.E. (Request .v Rhoda M. SD—ranq,, Murphy Oil USA, Inc., 4600 Westree , inneapolis, Mn. 55435). MOTION BY MR. BETZOLD, SECONDED BY MR. BARNA, TO OPEN THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC HEARING OPEN AT 8:30 P.M. Chairperson Gabel read the Administrative Staff Report: ADMINISTRATIVE STAFF REPORT A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 214.11.2B limits the maximum size of eight (80) square feet in area for a free standing sign. Public purpose served by this requirement is to control visual pollution and excessive use of signs in commercial areas. APPEALS COMMISSION -MEETING, APRIL 23, 1985 PAGE 8 B. STATED HARDSHIP: "Lost signage in windstorm. Replace with letter quality signage. No increase in total square footage from signage in existence before windstorm." C. ADMINISTRATIVE STAFF REVIEW: Prior to 1983, two separate signs were maintained on the property --one was the existing 5 ft. by 10 ft. Spur sign, the other was a 4 ft. by 8 ft. message center. In 1983, a storm damaged the message center;however, it was allowed to be repaired. A storm in 1984 again destroyed the message center. On July 2, 1984, a variance was denied to replace the message center in its original location -- 1 foot off the south property line and 7 1/2 feet off the west property line. Total free-standing sign area was to be 108 square feet. In February 1985, Ms. Sprang of Murphy Oil proposed to replace the message center on a separate pylon next to the existing Spur sign. Since that time, the staff and Ms. Sprang have developed a plan which combines the signage on a single pylon. Ms. Sprang has also initiated action to provide: 1. curbing on the east and south perimeter 2. landscaping within the egress island along Mississippi St. 3. evergreens along the east to supplement the district separation fence The approval of this variance would increase the permitted square footage of a free standing sign from 80 square feet to 98 square feet. Mr. Clark stated the petitioner has worked with -the, Planning Department, and it appeared they have agreed to improve the landscaping and %corvorate some new curbing to bring the property more in compliance with today's standards. Ms. Gabel asked if the petitioner had.any statements to make regarding the need for this variance. Ms. Sprang stated that because signage was lost in a wind storm, they still have a hardship. Her perception of a hardship was that Mr. Swingdorf, proprietor of the Spur station, was a businessman in the community, and.his business depends on advertising to the public. He has lost 32 sq. ft. of signage through no fault of his own, and they are proposing to replace that signage with better quality, more attractive signage, that will not blow down every time there is a puff of wind. The Union 76 station across the street has a reader board, and the new Petro.Stop at 81st and East River Road has a reader board. Mr. Swingdorf is at a competitive disadvantage in that he cannot advertise his specials. She stated they will be spending approximately $2500 in aesthetics to bring the property up to code. 4w -144- MWI, Ail k g©©© APPEALS COMMISSION MEETING, APRIL 23, 1985. PAGE 12 MOTION BY MR. BETZOLD, SEC ED BY MR. BARNA, TO RECOMMEND APPROVAL OF A VARIANCE REQUEST PURSUANT TO APTER 205 OF THE FRIDLEY CITY CODE TO REDUCE THE SIDE YARD SETBACK ON A CO R LOT FROM 25 FEET TO 20 FEET TO ALLOW THE CONSTRUCTION OF A 24 FT. BY 26 DETACHED GARAGE ON LOT 13, BLOCK 3, BROOKVIEW TERRACE SECOND ADDITION, THE SAME BEING 6800 OAKLEY STREET N.E. UPON A VOICE VOTE, ALL VOTING AYE,CF�TRPERSON GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. ` 55. REQUEST FOR VARIANCES PURSUANT TO CHAPTER -205 OF-THE-FRIDLEY CITY CODE -TO REDUCE -THE REQUIRED Q W;L? rULLUW1NU utbUKIbtU L1Nt: btUINN1NU Al A PU 01 UN IML 5UUIH LINE Uf SAID DISTANT 25TEET WEST OF THE SOUTHEAST CORNET TMM7.7-THENCE R SE ,-THE SAME BEING 5536-9538 7TH S E equest by Mr. Chuck Westling, 8403 Mississippi Blvd., Coon Rapids, Mn. 5433). MOTION BY MR. BETZOLD, SECONDED BY MR. BARNA, TO OPEN THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC REARING OPEN AT 9:11 P.M. Chairperson Gabel read the Administrative Staff Report: ADMINISTRATIVE STAFF REPORT 5536-38 7th Street N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.08.3A requires a minimum lot area of 10,000 square feet for a two-family dwelling unit. Public purpose served by this requirement -is-to avoid the condition of overcrowding of a residential neighborhood. Section 205.08.3D.2c.1 requires a side yard width on a street side of a corner lot to be not less than seventeen and one-half (17.5) feet. Public purpose served by this requirement is to maintain a higher degree of traffic visibility and to reduce the "line of sight" encroachment into the neighbor's front yard. Section 205.08.3d.1 requires a minimum front yard setback of not less than thirty-five (35) feet. Public purpose served by this requirement is to provide desired front yard space to be used for green areas on access and to add to the attractability of a residential district. C 61-il-IN APPEALS'COMMISSION MEETING,'APRIL 23, 1985 PAGE 13 B. STATED HARDSHIP: "I intend to build a zero lot line double bungalow for my own use. This property would have its highest and best use as a double bungalow rather than a single family dwelling as it is close to the freeway and in an area of other rental property." C. ADMINISTRATIVE STAFF REVIEW: The excessive, unused right of way, acquired at the time the freeway was constructed, created large boulevard spaces between the lot line and the paved portion of the road right-of-way. If the Board approved this request, your motion could include a recommenda- tion that the City work with the petitioner to deed the excess right of way back to the adjacent lot. Mr. Clark shored the Commissioners an aerial photo of the property. He stated there was between 10-80 ft. of boulevard between the south lot line and the service drive along 694. Mr. Westling showed the Commissioners a letter he had written to the State some time ago inquiring about the 80 ft. by 25 ft. piece of property. He had been told by the State that the lot was given to the City of Fridley. He stated he has attempted to purchase that lot from the City of Fridley,but because of the possible development of the drive-in property, the City is not willing to sell that piece of property at this time. Mr. Westling stated he felt the construction of a double bungalow will be a nice addition to the area. MOTION BY MR. BETZOLD, SECONDED BY MR. BARNA, TO CLOSE THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC HEARING CLOSED AT 9:18 P.M. Mr. Barna stated he saw no hardships that were created by the owner. The owner has shown an attempt to retrieve ownership of the 80 ft. by 25 ft. piece Of property in order to increase his lot size to satisfy the lot size require- ments, the front yard and side yard requirements. The property is properly zoned for multiple dwelling, so he would be in favor of granting the variances. Mr. Betzold stated he agreed. Because of the existing problems, he did not see anything that could be done other than to grant the variances and allow the petitioner to build a multiple dwelling on this property. Ms. Gabel stated she also agreed. At some point, depending on what does develop on the drive-in property, there may or may not be some property turned back, but in the meantime, there was no reason to hold up Mr. Westling's construction. She agreed a double bungalow would be a desirable use of that property and would certainly not be an overuse of the land. APPEALS COMMISSION-MEETING;'APRIL'23;'1985 PAGE 14 MOTION BY MR. BARNA, SECONDED BY MR. BETZOLD, TO RECOMMEND TO CITY COUNCIL APPROVAL OF THE REQUEST FOR VARIANCES PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY CODE TO REDUCE THE REQUIRED SQUARE FOOTAGE FOR A DOUBLE BUNGALOW FROM 10,000 SQUARE FEET TO 9,416 SQUARE FEET; TO REDUCE THE SIDE YARD SETBACK ON A CORNER LOT FROM 17 1/2 FEET TO 5 FEET; AND REDUCE THE FRONT YARD SETBACK OR A PORTION OF THE FRONT YARD (SOUTH SIDE) FROM 35 FEET TO 11.5 FEET TO ALLOW THE CONSTRUCTION OF A DOUBLE BUNGALOW ON LOTS 4 AND 5, BLOCK 8, HAMILTON'S ADDITION TO MECHANICSVILLE, EXCEPT THAT PART WHICH LIES SOUTH- EASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID IAT 5, DISTANT 25 FEET WEST OF THE SOUTHEAST CORNER THEREOF: THENCE RUN NORTHEASTERLY TO THE CORNER OF LOT 4, AND THERE TERMINATING, THE SAME BEING 5536-38 7TH STREET N.E. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. -MOTION BY MR. BARNA, SECONDED BY MR. BETZOLD, TO RECOMMEND THAT CITY STAFF WORK WITH THE PETITIONER TO DEED THE EXCESS RIGHT OF WAY BACK TO THE ADJACENT LOT. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. ADJOURNMENT: MOTION BY MR. BARNA, SECONDED BY MR. BETZOLD, TO ADJOURN THE MEETING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE APRIL 23, 1985, APPEALS COMMISSION MEETING ADJOURNED AT 9:30 P.M. Respectfully sub 'tted, ynn a a Recording Secretary Surveyors Certificate c 6KKK COMSTOCIK & DAVIS, INC. Consulting Engineers and Land Surveyors 1446 County Road J, Mpls., Minn. 55432, 784-9346 SURVEY OF: Part of Block 8, Hamiltons Add. to Mechanicsville, Anoka Co. Minn. .z SURVEY FOR: Chuck Westling �q o I; RIS: 14-23 tftT cre t Dr. et New 4 A SS� 3 1/7Tc-rsia le WO. lv 9gZ DESCRIPTION: Lots 4 and 5, Block 8, Hamilton's Addition to Mechanicsville, according; to the duly recorded plat thereof situate in Anoka County, Minnesota, except that part which lies southeasterly of the following described line: Beginning at a point on the south line of said Lot 5, distant 25 feet west of the southeast SCALE: 1 inch = 40 feet corner therof; thence run northeasterly to the Denotes iron monument set northeast corner of said Lot 4, and there terminating. I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the laws of the State of Minnesota. 10832 Sept. 26, 1978 4015 IV Reg. No. Date Job No. JD oos f Item #5, April 23, 1985 ADMINISTRATIVE STAFF REPORT 5536-38 7th Street N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.08.3A, requires a minimum lot area of 10,000 square feet for a two-family dwelling unit. Public purpose served by this requirement is to avoid the condition of overcrowding of a residential neighborhood. Section 205.08.3D.2e.1, requires a side yard width on a street side of a corner lot to be not less than seventeen and one-half (17.5) feet. Public purpose served by this requirement is to maintain a higher degree of traffic visibility and to reduce the "line of sight" encroachment into the neighbor's front yard. Section 205.08.3d.1, requires a minimum front yard setback of not less than thirty-five (35) feet. Public purpose served by this requirement is to provide desired front yard space to be used for green areas on access, and to add to the attractibility of a residential district. B. STATED HARDSHIP: "I intend to build a zero lot line double bungalow for my own use. This property would have its highest and best use as a double bungalow rather than a single family dwelling as it is close to the freeway and in an area of other rental property." C. ADMINISTRATIVE STAFF REVIEW: The excessive, unused right of way, acquired at the time the freeway was constructed, created large boulevard spaces between the lot line and the paved portion of the road right of way. If the Board approves this request, your motion could include a recommendation that the City work with the petitioner to deed the excess right of way back to the adjacent lot. .. VARIANCES FOR CITY USE ONLY Board ambers notified of meeting by 4-19-85 List irembers date notified. and "Yes' or •I:o' for plans to attend hearing. Plan Mame Date•• To Attend Gable Barna,. PlemEj Gerou Betzold _ Person making appeal and the following property otimers having property within 200 feet notified: Name By Whom Date Phone or Mail Notified Chuck Westlinq_ 8403 Missiipi Blvd. - -Coon .RapirTs, Mss N 55433 100 Twin, Inc. 41 1 $tinson Blvd. NE Mpls 55421 Kenneth J. Frank_ 15780 125th Avenue North --nagfnn,..MN F9127 -Mr- & Mrs Wacqy End thoff -560J 6th Street N -E -k----1 nriue Brooklyn Park, MN 55431P Mr. & Mrs. Dennis Sando - 5550 6th Street N.E. Gerald H7 Kangas 5530 6th Street N.E. Mr. & Mrs. Larry Brusseau '5546 7th Street N.E. John G. Yagovich 5400 4th Street N.E. •� M/M MatthewiSiegler 5529 6th Street N.E. M/M Anthony Piekarczyk 5549 6th Street N.E. M/M Gary Boyer 5589 16th Street N.E. CITY F FIRIOLEY, SUBJECT VARIANCES 6431 UNIVERSITY AVE. WE. • FRIOLGY, MN. 5543E 9612:571.3450 ADDRESS ` ST DATE APPEALS COM ISSION:MAPPROVED DISAPPROVED DATE NO. CITY COUNCIL REVIEW: REQUIRED: rYES CITY COUNCIL: APPROVED DISAPPROVED DATE N0. STIPULATIONS: NAME &WCC WESTI (O L•- FEE /0 D. ` . RECEIPT No. llooROJ LOT NO. BLOCK NO. TRACT OR ADDIT ON l 10 L —L 6" LEGAL DESCRIPTION: T® M�e�4A�c�g�tLt� VARIANCE•REQUEST(S): (Attach plat or survey of property showing building, variances, etc., where applicable) G,1 1Ld �uy4. SQ.FoocAfols �i2ay.r la`8yp I=►t r o 1�1«o tl�Q�. ny X. S,,-rq Sm -.DIE SrT O*cac —V-6! S \fCF1RAbii� I Section(s) of the City Code: List specific hardship(s) which requires the variance(s): - -� (tls ��ope:rLT� .wecla.n � fir• �v� �.€ ua���oc A^.rt coc —Mr.'A A5'a a �ti �a,M I,.y 'p�ex, e,1,1° -m 'j�-4 S �'�os a ""ro Tt-1-E �+LE �+•l� t� IPr1f ��-��' ©F ®`i�#-�G �-E lft'Mi 8� DATE `r - SIGNATURE ADDRESS �t200 1 09S /` lam 3 3 TELEPHONE NO S" f FROF IDLEY CIVIC CENTER - 6431 UNIVERSITY AVE. N.E., FRIDLEY, MINNESOTA 55432 - PHONE (6121 571-3450 May -21, 1985 CITY COUNCIL Chuck Westling 8403 Mississippi Boulevard ACTION TAKEN NOTICE Coon -Rapids, MN 55433 On May 20, 1985 the Fridley City Council officially approved your request for Variances•to reduce square footage for double bungalow, side yard setback on corner lot, and front yard setback to allow construction of double bungal with the following stipulations: at 5536-5538 - 7th Street N.E. None. If you --have any questions regarding the above action, please call the Planning Department at- 571-3450. j cerely, ES L. ROBINSON PLANNING COORDINATOR JLR/de Please review the noted stipulations, sign the statement below and return one copy to the City of Fridley. Concur with action taken. Council Action 5/20/85 Chuck Westling, 8403 Mississippi Blvd., Coon Rapids, 55433 Variances to Reduce Sq. Ftage for Double Bungalow, side yard setback on Corner Lot, and Front yard Setback to Allow Construction of Double Bungalow Deb: Notify owner Variance granted. No stips. STATE OF MINNESOTA COUNTY OF ANOKA CITY OF FRIDLEY CITY COUNCIL PROCEEDINGS In the Matter of vari.ance requests located on Lots 4 and 5, Block 8, Hamilton's Addition to VARIANCE Mechanicsville, the same being 5536-5538 7th Street N.E. Chuck Westlina , Owner The above entitled matter came before the City Council of the City of Fridley and was heard on the20th day of May , 1985, on a petition for a variance pursuant to the City of ri ey s Zoning Ordinance, for the following described property: To reduce the required square footage for a double bungalow from 10,000 to 9,416 square feet; to reduce the side yard setback on a corner lot from 17 1/2 feet to 5 feet; to reduce the front yard setback from 35 feet to 11 1/2 feet to allow construct IT IS ORDERED that a variance be granted as upon the following conditions ori.on of a double reasons: bungalow. See City Council minutes of May 20, 1985 STATE OF MINNESOTA ) COUNTY OF ANOKA ) ss. OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) I, Sidney C. Inman, City Clerk for the City of Friley with an 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 subscribe my hand at the City of Fridley, Minnesota, in the County of Anoka on the I J day of 19_5 . DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 SIDNEY C. AN, CITY CLERK Variances are valid for a period of one year following approval and shall be considered void if not used within that period. (SEAL) 7. they would leave the ordinance as is, since there is a variance pcooe&xe. 6-I. MNSIDERATION OF ITEM Fmm APPEALS OJmmssION MEETING OF It. Flora, Public Works Director, Stated this is a request for variances to reduce the square footage for a double bungalow frau 10,000 to 9,416; reduce the side yard setback on a corner lot frau 17 1/2 to 5 feet; and to reduce the front yard setback or a portion of the front yard (south side) from 35 to 11 1/2 feet in order to allow construction of a double bungalow at 5536-5538 7th Street. Mr. Flora stated this parcel of property is difficult to build on because a portion was taken for freeway right cf-way. He stated the caner intends to build a double bungalow for his own use with a zero lot line potential. Mr. Flora stated the Planning Oomnission recomiended approval of the variances. MDTION by Councilman Goodspeed to approve the variances to reduce the required square footage for a double bungalow from 10,000 to 9,416 square feet; to reduce the side yard setback on a corner lot from 17 1/2 to 5 feet; and to reduce the front yard setback or a portion of the front yard (south side) fran 35 to 11 1/2 feet to allow construction of a double bungalow at 5536-88 7th Street. Seconded ty Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MDTN C%nciltn rn�tte�o r=Se v�the %inesthPla y Commission Mee g off` 8, 1985. nde by un ilm Fl ick. Upon a voice vote, all voting aye, Mayor Nee declared the motio carried unanimously. Mr. Flora, Public Works Director, stated last J the Council approved a special use permit for Woodcrest Baptist Ch for an addition to their building. He stated one of the stipulati of this special use permit was that the new construction was to be se ck 60 feet f ran the east property line. Mr. Flora stated, because of existing sanitary sewer line which runs across the corner of the 1 and located directly below the corner of the building, it becomes a oblem how to construct the corner of the building. Be stated if the bu' ng is moved farther east, the depth of the footings and related t�t� reduced, therefore, the church has requested they be allowed a 40 her than a 60 foot setback frau the east property line. Council Goodspeed questioned the zoning and asked if churches are norm,41Ty located in R-1 and R-3 areas. Mr. Qureshi stated it was quite owCon for churches to be in residential areas. QM 7. they would leave the ordinanoe as is, since there is a variance procedure. i Few) ej2W be :10)MIR R -D 1Z. I I) 0 0 _ 4i :44 ARZ oC "R ID4 R1.OWN11 4OA O W41 �4: � M, �� � � ��i� ��� .�� �1� • �• is 1�. �a Mr. Flora, Public Works Director, Stated this is a request for variances to reduce the square footage for a double bungalow from 10,000 to 9,416; reduce the side yard setback on a corner lot from 17 1/2 to 5 feet; and to reduce the front yard setback or a portion of the front yard (south side) from 35 to 11 1/2 feet in order to allow construction of a double bungalow at 5536-5538 7th Street. Mr. Flora stated this parcel of property is difficult to build on because a portion was taken for freeway right-of-way. He stated the owner intends to build a double bungalow for his own use with a zero lot line potential. Mr. Flora stated the Planning Commission recommended approval of the variances. MOTION by Councilman Goodspeed to approve the variances to reduce the required square footage for a double bungalow from 10,000 to 9,416 square feet; to reduce the side yard setback on a corner lot frau 17 1/2 to 5 feet; and to reduce the front yard setback or a portion of the front yard (south side) from 35 to 11 1/2 feet to allow construction of a double bungalow at 5536-88 7th Street. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MDTION by Councilman Barnette to receive the minutes of the Planning Commission Meeting of May 8, 1985. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Flora, Public Works Director, stated last Jun a Council approved a special use permit for Woodcrest Baptist Chur for an addition to their building. He stated one of the stipculatio f this special use permit was that the new construction was to be set 60 feet fran the east property line. Mr. Flora stated, because of xisting sanitary sewer line which runs across the corner of the lot d located directly below the corner of the building, it beaoanes a pro em how to construct the corner of the building. He stated if the buildi is mored farther east, the depth of the footings and related costs are educed, therefore, the church has requested they be allowed a 40 foot r er than a 60 foot setback f ram the east property line. Councilman Goodspeed questioned the zoning and asked if churches are normally 1ed in R-1 and R-3 areas. Mr. Qureshi stated it was quite cc mon for urches to be in residential areas. -8- i axnam Ir MM OF MAY 20. 1985 first reading for a changc_ in the ordinance at the sane meeting. He stated, i` I is way, the Council could determine if there are any significant obj ons. MYI7 N by Oouncilman Barnette to set the public hearing for June 3, 1985 to consider a oposed change in the mise ordinance which would allow vendors to ring bell on their vending trucks and that a draft be submitted of the amendment. Se nded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayo Nee declared the motion carried unanimously. 6-H. Mr. Flora, Public Works Dir ctor, stated the Appeals Commission had a concern that the ordinance gov Hing the maximum size of garages in R-1 districts may be too restrictive. He stated the Commission felt family size is down and people are now pun d1 g more recreational equipment and larger garages are becoming more common. The commission asked the Couuicil to address the question if they want to estrict the size of a garage to 1,000 square feet and also restrict it to th size cf the house. Mr. Qureshi, City Manager, stated the uncil adopted this restriction several years ago when a situation arosere there was a small home and someone wished to build a large accessory 'lding. He stated this seems to be working well and there is a variance pro edure provided so each case could be considered on its own merits. Councilman Fitzpatrick stated this restriction di It happen by accident, but was intentional. Councilman Goodspeed stated people are now having sm ler hones, however, they need more storage space and are applying for v ' ances to give them additional space. Mr. Byrne, the petitioner for the variance, stated he f t each variance request is different. He stated he does have a problem wi his existing garage as it is built lower than street level and water ains into the garage. He stated this would be corrected with the oonstr ction of the addition to the garage. He felt this improvement would make th house look large and more aesthetically pleasing. MY1WN try Councilman Goodspeed to approve the variance request to low the total cf the accessory buildings to be 1,000 square feet, with a c% ing of 900 square feet, an excess of 100 square feet, to allow constructio of a garage addition and brefmeway at 6020 4th Street N. E. Seconde by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor ee declared the motion carried unanimously. Mayor Nee stated unless someone wished to discuss a proposed change further, -7- 14c. Flora, public Works Director, Stated this is a request for variances to reduce the square footage for a double bungalow from 10,000 to 9,416; reduce the side yard setback on a corner lot frau 17 1/2 to 5 feet; and to reduce the front yard setback order to allow construct ont n of (south sdouble de) frcm 35 bungalow at to 11 1/2 feet in orde 5536-5538 7th Street. m r. Flora stated this parcel cf property is difficult to build on because a portion was taken for freeway right-cf -way. 8e stated the owner intends t build a double bungalow for his own use with a zero lot line po Flora stated the Planning Commission recommended approval cf the variances. NDTION by Councilman Goodspeed to approve the variances to reduce the required square footage for a double bungalow from 10,000 to 9,416 square feet; to reduce the side yard setback on a corner lot frau 17 1/2 to 5 feet; and to reduce the front yard setback or a portion of the front yard (south side) fran 35 to 11 1/2 feet to allow construction of adoublea Voice ow vote, at 5536-88 7th Street. Seconded by Councilman Fitzpatrick.Upon all voting aye, layor Nee declared the motion carried unanimously. MDTION by Councilman Barnette to receive the minutes of the Planning Commission Meeting of May 8, 1985. Seconded by Councilman Fitzpatrick Upon a voice vote, all voting aye, mayor Nee declared the motion carried unanimously. i.�tnTrFRnTi�v OF �S'P TAT, IS PERM, eg #84-07 TO VARYB Mr. noxa, is Works Director, stated last June the Council approved a spedal use perm or Woodcrest Baptist Burch for an additionrmitwas to their building. He statof this spe ed o the stipulations that the new construction w to be set back 60 feet frau the east property lire. m . Flora stated, because of an existi sanitary sewer line which runs across the corner of the lot and located di ly below the corner of the building, it becomes a problem how to construct a corner of thef the footings Be stated if the building is moved farther east, th ptrested they be and related costs are reduced, therefore, the church ha eqr lire. allowed a 40 foot rather than a 60 foot setback f ram the ea opo ty Councilman Goodspeed questioned the zoning and asked if char s are normally located in ola id =���s. al mrs4uneshi stated it was ' to common for churches