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VAR 89-01GZl'OF FRIDLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE (612) 571-3450 APPEALS COMMISSION ACTION TAKEN NOTICE Mearlin John Nordstrom 5908 - 7th Street N.E. Fridley, MN 55432 February 1, 1989 On Tuesday, January 31, 1989, the Fridley Appeals Commission officially approved your request for a variance, . # D�.- to reduce the building side yard setback and to reduce the side yard setback from 5 feet to 3.2 feet to allow the construction of a garage on Lot 10, Block 5, Bonny Addition, the same being 5908 - 7th Street N.E. with the following stipulations: 1. The garage be architecturally compatible with the existing house. 2. The petitioner to remove the existing garage upon completion of the new garage. 3. All exterior walls less than 5 feet from the property line must be constructed of 1 hour fire rated resistance materials on the inside with no unprotected openings allowed. S B9-rbara Dacy Planning Coordinator DC:ls Please review the above stipulations, sign the statement below, and return one copy to the City of Fridley `Community Development Department by February 15, 1989. /act Co cur with on�taken -New I CITY OF FRIDLEY 6431 UNIvmrrf AVVX. VARIAME REQUEST FORM FRIDLEY, MN 55.432 (612) 571-3450 F VARIANCE VARIANCE FEE 01'6 RECEIPT #-,3 % y SCHEDULED APPEALS MEETING DATE /- 17 PROPERTY INFORMATION PROPERTY ADDRESS s961 e5 % _1h b%" /C/,!F- LEGAL DESCRIPTION: LOT 1�__. BLOCK �. TRACT/ADDITION XY0W A- W4VI ;'I0Xl PRESENT ZONING k VARIANCE REQUEST(S): Attach a plat or survey of the property showing building, variance(s), where applicable. 1� �iL2G�l,�O Section of the Code: 01 0 70jF4 (10 X) Ob List specific hardship(s) which require the variance(s): Aye L�O%G �O41,tOW SXXAeC - Tom® COLL6CM -jWZ) � .FEE OWNER INFORMATION NAME (please ADDRESS SIGNATURE Note to ######### print) MEA L L I PHONE DATE /2- Z% -aa ,g # j,#,Vi#*# fit####### PETITIONER INFORMATION NAME (please print)J�LY_L.I �J� �i.� % O%�jvl PHONE -71- 01,dO ADDRESS _ Z7 09 % 1--T VtC- _7 F�� L� _ � 1 SIGNATURE DATE APPEALS COMMISSION: APPROVED DENIED DATE CITY COUNCIL: APPROVED DENIED DATE STIPULATIONS: COMMISSION APPLICATION REVIEW FILE NUMBER FILE DATE �:MEETJNPDATE FILE DESCRIPTION v #89-0/ CIIYOF 58 12-29-88 -89 Variance to reduce side yard setback FRIDLEY 3.2 ft to allow constructi a garage at 5908 - 7th St. N.E. COMPLETE REVIEW CHECKLIST AND RETURN TO PLANNING DEPT. O'KATHY_C. F. ❑ DARREL C. M. H 1-10-y� no -15=.: . COMMENTS • • REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION SITE DATA SIZE DENSITY PRESENT ZONING ADJACENT LAND USES & ZONING UTILITIES PARK DEDICATION ANALYSIS FINANCIAL IMPLICATIONS CONFORMANCE TO COMPREHENSIVE PLAN COMPATIBILITY WITH ADJACENT USES & ZONING ENVIRONMENTAL CONSIDERATIONS ;. Mearlin Nordstran To reduce the side yard setback for an attached accessory building frau 5 ft. to 3.2 ft.; to reduce the front yard setback from 35 ft. to 30.25 ft. 5908 - 7th Street N.E. 10,137 sq. ft. Proposal #1: 20.50 lot coverage; Proposal #2: 20.60 lot R-1 N: R-1 S : R-1 E: R-1 W: R-1 Available N/A N/A Yes Yes None STAFF RECOMMENDATION see staff Report APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENDATION • Staff Report VAR #89-01 Page 2 A. PUBLIC PURPOSE SERVED BY REQUIREMENT: 0 Section 205.07.03.D,(2),(b), requires a side yard setback of five (5) feet between an attached accessory building or use and a side property line. The 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. Section 205.07.03.D, (1) , requires a front yard depth of not less than thirty-five (35) feet. The public purpose served by this requirement it to allow for off-street parking without encroaching on the public right- of-way and also for aesthetic consideration to reduce the building "line of sight" encroachment into the neighbor's front yard. Section 205.04.05.B permits accessory buildings and structures in the rear and side yard only. The public purpose served by this requirement is to provide desired front yard space to be used for green space for access and to add to the attractiveness of the neighborhood. B. APPLICANT'S STATED HARDSHIP: "To allow two cars side by side and to use my existing new 16 ft. garage door to allow storage of two collector cars and tent trailer." C. ADMINISTRATIVE STAFF REVIEW: Request Mr. Mearlin Nordstrom, the petitioner, is requesting a variance to reduce the front yard setback from 35 ft. to 30.25 ft. and to reduce the side yard setback from 5 ft. to 3.2 ft. These variances are necessary for Mr. Nordstrom to construct an attached garage which would store four cars and a tent trailer. 1�1 Staff Report VAR #89-01 Page 3 Analysis • The property in question is 10,137 sq. ft. in size and contains a 1,100 sq. ft. house, a 484 sq. ft. detached double garage, and a small storage shed. Mr. Nordstrom is proposing to tear down the existing garage which has a 3.2 ft. side yard setback and replace it with an attached 984 sq. ft. garage. This garage would be used to store a tent trailer, two collector cars and two family cars. The petitioner has submitted two different layouts for the proposed garage. The first proposal (Attachment A) consists of constructing a 982 sq. ft. attached garage on the north side of the property. This proposal requires a variance to reduce both the front yard setback from 35 ft. to 30.25 ft. and the side yard setback from 5 ft. to 3.2 ft. In the second plan (Attachment B), Mr. Nordstrom is proposing a 986 sq ft. attached garage which requires a variance to reduce the side yard setback from 5 ft. to 3.2 ft. The garage would be located on the north side of the property and have a front yard setback of 40 ft. This proposal proves that a front yard setback is not necessary to meet Mr. Nordstrom's needs. A variance is justified if there are exceptional or extraordinary circumstances to the property or the intended use, that does not apply to other property in the same vicinity. Staff has reviewed other parcels in the neighborhood and has determined that this property is not unique. There are other options available to the petitioner to construct an attached garage which complies to the Zoning Code regulations (Attachment C). If approved, staff recommends the following stipulations be attached to the variance request: 1. The garage be architecturally compatible with the existing house. 2. Petitioner to remove the existing garage and storage shed prior to completion of the new garage. 3. All exterior walls less than 5 ft. from the property line must be constructed of 1 hour fire resistance materials on the inside with no unprotected openings allowed. • 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 Community Education Center at 6085 Seventh Street N.E. on Tuesday, January 17, 1989, at 7:30 p.m. for the purpose of: Consideration of a variance request, VAR #89- 01, by Mearlin John Nordstrom, pursuant to Section 205.07.03.D,(2),(b), of the Fridley City Code to reduce the side yard setback for an attached accessory building from 5 feet to 3.2 feet; and pursuant to Section 205.07.04.D.1 to reduce the front yard depth from 35 feet to 30.24 feet; and pursuant to Section 205.04.05.B of the Fridley City Code to allow an accessory building in the front yard instead of the rear and side yard only, to allow the construction of a garage on Lot 10, Block 5, Bonny Addition, the same being 5908 - 7th Street N.E., Fridley, Minnesota, 55432. Any and all persons desiring to be heard shall be given the opportunity at the above stated time and place. ALEX BARNA CHAIRPERSON 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. Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. CITYOF FRIDLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE (612) 571-3450 January 12, 1989 N O T I C E Due to an error in publication, the public hearing scheduled for the January 17, 1989, Appeals Commission meeting for variance request, VAR #89-01, by Mearlin John Nordstrom, pursuant to Section 205.07.03.D,(2),(b), of the Fridley City Code to reduce the side yard setback for an attached accessory building from 5 feet to 3.2 feet; and pursuant to Section 205.07.04.D.1 to reduce the front yard depth from 35 feet to 30.24 feet; and pursuant to Section 205.04.05.B of the Fridley City Code to allow an accessory building in the front yard instead of the rear and side yard only, to allow the construction of a garage on Lot 10, Block 5, Bonny Addition, the same being 5908 - 7th Street N.E., has been cancelled. This item is rescheduled for the January 31, 1989, Appeals Commission meeting to be held at the Community Education Center, 6085 Seventh Street N.E., at 7:30 p.m. Any and all persons desiring to be heard shall be given the opportunity at the above stated time and place. ALEX BARNA CHAIRPERSON 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. If you have any questions regarding this item, please call the Community Development Department at 571-3450. • VAR #89-01 Mearlin J. Nordstrom 5908 - 7th Street N.E. Fridley, MN 55432 City Council Members City Manager Chairperson of Appeals Cmamission School District #14 Jams Karpinski 6000 W. Moore Lake Dr. N.E. 5872 Washington St. Fridley, RI 55432 Fridley, MLS 55432 •Appeals 1-6-89 Victor Arnoldy N.E. 5925 - 6th St. N.E. Fridley, NST 55432 Richard Crist Lynn Nblhus nheodore Stokolka 5849 - 7th St. N.E. 5860 Washington St. N.E. 5933 - 6th St. N.E. Fridley, M 55432 Fridley, MN 55432 Fridley, DIN 55432 Frank Keeley 5861 - 7th St. N.E. Fridley, MLV 55432 Dolores Anderson 5873 - 7th St. N.E. Fridley, M 55432 George Patterson 5885 - 7th St. N.E. Fridley, MN 55432 Ralph Rich 5897 - 7th St. N.E. Fridley, MST 55432 Gary Ellestad Douglas Haugland 5861 - 6th St. N.E. 5916 - 7th St. N.E. Fridley, MSI 55432 Fridley, WI 55432 Larry Wade Gustave Fjetland 5871 - 6th St. N.E. 5900 - 7th St. N.E. Fridley, M 55432 Fridley, MN 55432 lee Switzer Virginia Whitney 5870 - 7th St. N.E. 5901 - 6th St. N.E. Fridley, MLV 55432 Fridley, MlV 55432 Louis Buchwald Fred G. Presher 5860 - 7th St. N.E. 5909 - 6th St. N.E. Fridley, M.V 55432 Fridley, MN 55432 Roy Haglund Roland Hardel Elmer Pless 5896 Washington St. N.E. 5932 - 7th St. N.E. 5917 - 6th St. N.E. Fridley, MN 55432 Fridley, MLS 55432 Fridley, MLS 55432 Henry Gliniany 5884 Washington St. Fridley, MLV 55432 Jerry Higgins N.E. 5924 - 7th St. N.E. Fridley, MLV 55432 • 11R SEC. 23i I s ®s R. "94 C/TY OF FR/DL £Y 21 12 N//4 CORNER 7—e t -a3_- _y__ •a ' my P9 2 a9 2 E9 2 y + "go 3 14' at/0I 18 3 B 3 / 28 3 ZB 2 > aB 3 ` i• 14 2 ¢ t ° 2 ^�, /5 L'll d7 7 4 27 4 E7 4/ 97 B 'a 5 w ps9 Cfl/4 `tlg t + 2a P6 28 26 e6 /6 • ° ^5� � '3� PS 2ft,41 6 ES �A 6 EStO B 89(+•1 B 24 7 4 7 24 7 PO 7 e • t 29 2f 2.3 B P9 ` 2.9 B 49 B « 2 ''' ^� d4bl+ �,7 5t�18 !tl/2 :�`�5 22 9 2E 9 zz 9 a2/ 9 tmww9 H 2/ rat i /o z/ /o z/ /o 4 / /2 i /E /9 /Z s 1 4,/o C17 / /f /a • /B /3 /B /9 1a, 9 `�B fi /7 /4 F7 Ao 4L TH AVENUE 4N. E. t ! / z E7 4 27 bl a 27 9 a7 �q13 aB S � `•' oQa a7 ¢ ea 5 26 J / 86 5 fi'i a6 f z4 S z0 6 E5 'B 19 B Z9 d 25 l6 04 7 24 7 yj 79 P4 7 W 20 7 9 '; 89 O 23 B W W 14) l^'� ee f '- •2z; 9 02 2E y .g�, Z « ;/ �, Z '41/2 t'�' S 2/ 2/ /o G zP "')7'Y3 8/7. 6 C /1 /2 F14%7 d /B /s °. a H _ /7 /4 a /7 /4 t /7 /4 /7 eys ^ iJiB z. 6 e ul A /4lf /l « P) 1p L w r) SpA/B 4 B 4• 3 2 1 < °• a Cs>� Z 5',, ��i2 H R /3 (�) /O (e9 ) (i7 8 2 7 t0 /7 .2 N� Z �/7 Z a c�13 (a) 59TH AVE. N.E. r1W 8.`�0, 3.,e. /2 `f) ("0/6 P 34r t~ /6 3W : 2e �, �a ¢ td� _ /sir ¢ CO, 59 TH VE. N.E. 25 s r 9 R, 2t « 4 7 Lt � , 1 r /d14� *) 2 ^ : /5if k / a/ -p,( (N) /2 LA 7 (B1. /f /2 • MARIGO TEI s') 4 �b L14 a /3,y) 'o n 4 P) 8 U) 4 / B 13 W)3 (.... 00 l50 9lP /ods 9 h N) alli N/ ) 6g 18 /7 /B If 20 21 U�7> q /a (Ap 70) AVENUE A-^...i_.-. a° 'a° i 6 /nJ soul 1919 6(n .(0 / -_6 M // " W 6° N. E. "� R 1• s 1 7 B s a z ( N 9� z P) O,5 p•° w, .i .M) so .i) 4 /6 /2 -- = / a / (n ' ) . � S2 n 2 f+� F (aJ GB L) B,) CO) (•� �RE61 EKED • m 9 ro) /9�`1 to a B g /O // /Z 73 �%4 7 Ef + PLACE e' p� /zm s (") /4 Z "w HELENE PLACE o � N+) �) �+) in. / f b-- // 6 W) fA ' f• /6 g °«hfI 24 2 3 13 LOCATION MAP • Z-. • COMMUNITY EDUCATION FRIDLEY HIGH SCHOOL M oroov i 1.AK.E� i 0; 0 1 t AK1 I I g f1 • Rl•"Al ' 2 !l i /6 �/- i:.v•�.it- a 59TH.ITTL AY o ir it - far:fIELDNMI W MARIGOLD TERRACE' AZ�Jl1- L0rf4i',il—rZ■Kil—r!W.mVA-1MIIIIIIIIIIIM / LO • 2. III • f►. i Q 691 49 r8 HILL WIN ADDITIOA ZONING MAP • • Attachment A i 3.2' v. 5' 135. No p 30.25'v. 35' N N 150 0 , r l a I X5.15 R BOQ Q � l0b rnod PROPOSAL #1 SITE PLAN � � �� J Svf iSf �: Y`' '': �' yY s �� „t t •+ '!'1:' Ydr :ii h"t '^.+t�nS iA` i r � Z,. !I r � !1f 1 , r l yrs .I !I r � !1f .I ` F 4 PROPOSAL #2 SITE PLAN • • Attachment C l ,cl I G� BI ot,l . 94,75 ALTERNATIVES SITE PLAN GERALD T. CpYNE OT SURVEYS COMPANY r R6917OIDAHo VE N" ' 300 RRUNSWICK AVE. S` GOLDEN VALLEY, MINN. LAND SURNTYORS BRCOrLYN CAR►;, A£°!.`: BEGIBTEBED OMDEE LAWS OF STATE OF WMMSOTA LICENSED By OB,Di:NANCE OF CITY OF mwNz"owS S ' 6917 Idaho .Ave. N. 533.9922 ►Minneapolis, Nlinneaaa 55428 INDUSTRIAL - JUDICIAL- . COMBINING MORE THAN .30 YEARS OF ` CCr•"mERGAL - TOPOGRAPHICAL LAND �ertiffcateLAND SURVEYING EXPER1E.KE IN THE CITY LOTS PLATTING' NETRCPOLITMi AREA Survey for: In v. D'+YLuiiT S4'rANSON SCAT tt 0 A77 s DENOTES IRON STAKE F-- 7- a DEAi ;TES WOOD STAKE -„ __ 1 ?C.o 34.75 , t Ci Fra me 4 �- �jy • t �aiJfi%trc•�_ �' 6� i N Jj § t 4Y, r r! .:i,",. �•rr.'e i y °•'� L .w1_. £f ` -,a f ,_.}' "� + _ ilo i_� - 7 $ :t' r . ✓ �� Block 5, SONNY ADD ITION "• � "• i - a : i- e ° CL • - . tA We hereby certify that this is a true and corrict repnisseta tion of a survey of the boundaries o{ the shore desui�ad $jam - ;_ ' }and .gid tLelocation a}1�11wdi to b i: Vf..•-°�t :Ys'�Sl-; iaTgrw rh7'� LDT SURVEYS COMPANY or 2OthIAft� 011 ��," vv ,..,.ierrev" -bw us oris- z--.._"!- nioA ;o pa�8m��s� :Ig�axammo� • December 28, 1988 • We, Doug and Miriam Haugland, approve the Nordstrom's at 5908 7th Street N.E., Fridley, to build an attached garage the same distance from our boundary line as their existing non-attached garage. Doug Haugland riam)augl d 0.= . ZVI 5916 7th Street N.E. Fridley, MN UiYOF F'RIDLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE (612) 571-3450 APPEALS COMMISSION ACTION TAKEN NOTICE Mearlin John Nordstrom 5908 - 7th Street N.E. Fridley, MN 55432 February 1, 1989 On Tuesday, January 31, 1989, the Fridley Appeals Commission officially approved your request for a variance, VAR #89-01, to reduce the building side yard setback and to reduce the side yard setback from 5 feet to 3.2 feet to allow the construction of a garage on Lot 10, Block 5, Bonny Addition, the same being 5908 - 7th Street N.E. with the following stipulations: 1. The garage be architecturally compatible with the existing house. 2. The petitioner to remove the existing garage upon completion of the new garage. 3. All exterior walls less than 5 feet from the property line must be constructed of 1 hour fire rated resistance materials on the inside with no unprotected openings allowed. Sincerele, Barbara Dacy Planning Coordinator DC:ls Please review the above stipulations, sign the statement below, and return one copy to the City of Fridley 'Community Development Department by February 15, 1989. ------------------------ Concur with action taken 1 0 0 C CITY OF FRIDLEY APPEALS COMMISSION MEETING, JANUARY 311 1989 ----------------------------------------------------------------- CALL TO ORDER• Chairperson Barna called the January 31, 1989, Appeals Commission meeting to order at 7:35 p.m. ROLL CALL• Members Present: Alex Barna, Jerry Sherek, Kenneth Vos, Larry Kuechle Members Absent: Diane Savage Others Present: Darrel Clark, Chief Building Official Barbara Dacy, Planning Coordinator Mearlin Nordstrom, 5908 - 7th Street N.E. Gus Fjetland, 5900 - 7th Street N.E. Jerry Higgins, 5924 - 7th Street N.E. APPROVAL OF NOVEMBER 15 1988 APPEALS COMMISSION MINUTES: MOTION by Dr. Vos, seconded by Mr. Kuechle, to approve the November 15, 1988, Appeals Commission minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BARNA DECLARED THE MOTION CARRIED UNANIMOUSLY. CONSIDERATION OF A VARIANCE REQUEST VAR #89-01. BY MEARLIN JOHN NORDSTROM• Pursuant to Section 205.07.03.D.(2).(b) of the Fridley City Code to reduce the side yard setback for an attached accessory building from 5 feet to 3.2 feet; pursuant to Section 205.07.03.D.(1) of the Fridley City Code to reduce the front yard depth from 35 feet to 30.24 feet; and pursuant to Section 205.04.05.B of the Fridley City Code to allow an accessory building in the front yard instead of the rear and side yard only, to allow the construction of a garage on Lot 10, Block 5, Bonny Addition, the same being 5908 - 7th Street N.E. MOTION by Mr. Kuechle, seconded by Mr. Sherek, to open the public hearing. -1- u 0 C: APPEALS COMMISSION MEETING, JANUARY 31, 1989 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BARNA DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 7:37 P.M. Chairperson Barna read the Administrative Staff Report. Mr. Clark stated the petitioner has decided to drop the front yard setback variance, so the Commission would be acting only on the side yard setback variance from 5 feet to 3.2 feet. Mr. Clark stated that, if approved, staff is recommending the following stipulations: 1. The garage be architecturally compatible with the existing house. 2. The petitioner to remove the existing garage and storage shed prior to completion of the new garage. 3. All exterior walls less than 5 ft. from the property line must be constructed of 1 hour fire resistance materials on the inside with no unprotected openings allowed. Mr. Clark stated that regarding stipulation #2, they normally allow the property owner to use the existing garage and/or storage shed until the new garage is completed as long as the existing garage and/or storage shed are not in the way of the construction of the new garage. Otherwise, all the things stored in the garage and/or storage shed are laying all over the yard. Mr. Clark stated the configuration of the depth and width of the garage might change, but it did not make any difference as far as the variance. Mr. Clark stated an alternate plan worked out by staff would not require any variances, but it might be rather difficult for maneuverability of vehicles because of the sharp turn into the garage.' Mr. Clark stated this variance request would almost fit the amendment made to the Zoning Code by the Appeals Commission (that the setback for an addition to an attached single car garage can be reduced to 3 feet from the side lot line) if Mr. Nordstrom had a single attached garage. Because the existing garage is a two car garage in the rear yard, it doesn't fit into this amended section of the Code. Dr. Vos asked where the existing storage shed is located. -2- APPEALS COMMISSION MEETING, JANUARY 31, 1989 Mr. Nordstrom stated the 10 ft. x 14 ft. storage shed is located in the back of the yard in middle, and it is not a permanent structure. He asked why he would have to remove his existing storage shed. Mr. Clark stated the Code requires a maximum size of all accessory buildings at 1,400 sq. ft., so if the shed is smaller than 240 sq. ft., Mr. Nordstrom would not necessarily have to remove it. Unless it is an eyesore, he would not have any problem with the storage shed remaining. Ms. Dacy stated the ordinance states that the maximum square footage of accessory buildings is limited in the R-1 district; and the building plan chosen by the petitioner will determine if that square footage is exceeded. If the maximum square footage is not exceeded, then she would not object to the storage shed remaining. Mr. Barna asked Mr. Nordstrom to explain why he wanted to construct this garage and to better explain his hardship. Mr. Nordstrom stated their exterior door is on the north side of the house, and they want to protect that entrance from the cold weather in the wintertime and keeping the kitchen warmer. They would also like room for four cars or three cars and a tent trailer in the new garage to keep them out of the Minnesota climate changes. They have decided to build a new garage and add on to the house at the same time. This is a nice, quiet, safe neighborhood close to schools and shopping centers, and they would like to stay in Fridley. Mr. Nordstrom stated both his neighbors on either side of his property have no objections to the construction and the variance. Mr. Clark stated that in the agenda was a letter from Doug & Miriam Haugland, 5916 - 7th Street N.E., stating they approved the Nordstrom's building an attached garage at the same distance from the boundary line as their existing non-attached garage. Mr. Gus Fetland, 5900 - 7th Street N.E. , stated he had no objection whatsoever to Mr. Nordstrom's request. Mr. Jerry Higgins, 5924 - 7th Street N.E., asked about the overhang on the garage. He stated he was opposed to the front yard setback variance, but was not objecting to the side yard setback variance. Mr. Nordstrom stated the overhang would be 30 inches and would not overhang the property line. -3- • APPEALS COMMISSION MEETING, JANUARY 31, 1989 MOTION by Dr. Vos, seconded Mr. Sherek, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BARNA DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 7:55 P.M. Mr. Sherek stated that considering that this request does come close to the existing conditions in the Code that would allow a single car garage to be expanded to a double car garage at a 3 ft. setback, the fact that it would be very difficult to orient the garage on the lot in order to get additional space other than adding onto the existing garage, and the energy issue to help shield the kitchen area of the house from the north wind, he would be in favor of granting the variance. Mr. Barna, Dr. Vos, and Mr. Kuechle agreed with Mr. Sherek. MOTION by Mr. Kuechle, seconded by Dr. Vos, to approve variance request, VAR #89-01, by Mearlin John Nordstrom, pursuant to Section 205.07.03.D.(2).(b) of the Fridley City Code to reduce the side yard setback for an attached accessory building from 5 feet to 3.2 feet, to allow the construction of a garage on Lot 10, Block 5, Bonny Addition, the same being 5908 - 7th Street N.E., with the following stipulations: 1. The garage be architecturally compatible with the existing house. 2. The petitioner to remove the existing garage upon completion of the new garage. 3. All exterior walls less than 5 feet from the property line must be constructed of 1 hour fire resistance materials on the inside with no unprotected openings allowed. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BARNA DECLARED THE MOTION CARRIED UNANIMOUSLY. ADJOURNMENT• MOTION by Dr. Vos, seconded by Mr. Sherek, to adjourn the meeting. Upon a voice vote, all voting aye, Chairperson Barna declared the January 31, 1989, Appeals Commission meeting adjourned at 8:00 p.m. -4-