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VAR 05.76City of Fridley sullikcr AT THE TOP OF THE TWINS APPLICATION TO BOARD OF. APPEALS �• _ _____ COMMUNITY DEVELOPMENT DIV. - ^ r PROTECTIVE INSPECTION SEC. 1 . � CITY HALL FRIDLEY 55432 ������: ,•1 NUMBER REV. DATE PAGE OF APPROVED NY 617-560-3450 910-F23 1 3/21/75 .1 2 800 Name RQH C. PweSte N e n) Address 13 c/ 1 .5'3;,0/ Au�. Phone 5!71-6-16� Legal Lot No. Block No. Tract or Addn``..� /� CG Description /� a ,Swan S71keI j'S 6f/ Variance Request(s); including stated hardships (attach plat or survey of property showing building, etc., where applicable) variances, l'�141at-�C7k 1 �V r/ 71 a J 9" � < FA F� 0 0�� (,-�CAI� I 6"( -0 !,P' A sm' � L ( „� ' % f� • ` , ,.�� G1^� / �AO bL� '✓ p. - ,.�.. r.� ���> }�71 p �s� >.� I /�sf,"p J,-��ji1'-AA• f rAl Date Meeting Dat ' �ee Receipt I4o. Signature Comments & Recommendations by the Board of Appeals City Council Action and Date C"/;,)%A r City of 1. q ' ridley AT THE TOP OF THE TWINS s, __��___� COMMUNITY DEVELOPMENT DIV. L PROTECTIVE INSPECTION SEC. r CITY HALL FRIDLEY 55432 612.560.3450 SUBJECr APPLICATION TO BOARD OF APPEALS (Staff Report) NUMBER 910-F23 REV. 1 UATE 3/21/.5 PAGE OF 2 2 APPROVED BY 800 Staff Comments Board members notified of meeting by List members, date notified, and "Yes" or "No" for plans to attend hearing. Plan Date To Attend Name GV tit / o-2/j - �S Pearson making appeal and the following property owners having property within 200 feet notified: By Whom ` Name Date Phone or Mail Notified - 530 co 0- S/ �a-96 /3 9 - 4)a :-A) OC-In /3 r 1,39 ac (., S . I s (QV EeC��) qo--h� �Snl'cdu of dd V)a� 6-J99 0� . • • • C, • D-4 • • • C� OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE APPEALS COMMISSION TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN that the Appeals Commission of the City of Fridley will meet in the Council Chamber of the City Hall at 7:30 P.M. on Tuesday, May 11, 1976 to consider the following matter: A request for a variance of Section 205.053, 4A, Fridley City Code, to reduce the front yard setback from the required 35 feet to 31.6 feet approximately (no survey available at this time) to allow the construction of an attached garage to be located on Lot 18, Block 2, Swanstroms Court Addition, the same being 1391 - 53rd Avenue N.E., Fridley, Minnesota. (Request by Mr. Ray Prestenon, 1391 - 53rd Avenue N.E., Fridley, Mn. 55421.) Anyone who desires to be heard with reference to the above matter will be heard at this meeting. VIRGINIA WAHLBERG CHAIRWOMAN APPEALS COMMISSION NOTE: The Appeals Commission will have the final action on this request, unless there are objections from surrounding neighbors, the City staff, or the petitioner does not agree with the Board'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. FRIDLEY APPEALS -COMMISSION MEETING MAY 111 1976 MEMBERS PRESENT: Virginia Wahlberg, Alex Barna, Pat Gabel, Dick Kemper, Jim Plemel MEMBERS ABSENT: None OTHERS PRESENT: Ron Holden, Building Inspection Officer The meeting was called to order by Chairwoman Wahlberg at 7:33 P.M. APPROVAL OF APRIL 27, 1976 APPEALS COMMISSION MINUTES: Mrs. Gabel requested that on page 8, the first paragraph should include the sentence "The granting of the variance wouldn't violate any of the stated staff's public purposes". She also stated that on page 9, the fourth paragraph from the bottom should state "and conforms to all other codes". Mr. Barna said that on page 5, the fourth paragraph from the bottom should read 1t25 feet from the curb to garage on lot b". Chairwoman Wahlberg asked Mr. Holden if he had obtainedany information on clarifying the problem stated on page 12, paragraph 51 and he replied he hadn't yet but would follow up on it. MOTION by Mrs. Gabel, seconded by Mr. Barna, to approve the minutes of the April 27, 1976 meeting with the additions noted. Upon a voice vote, all voting aye, the motion carried unanimously.' 1. A REQUEST FOR A VARIANCE OF THE FRIDLEY CITY CODE AS FOLLOWS: SECTION 205.053, 4B, TO REDUCE THE SIDE YARD SETBACK ADJOINING LIVING AREA, FROM THE REQUIRED 10 FEET TO 6 FEET, TO ALLOW AN ADDITION TO BE CONSTRUCTED TO AN EXISTING NON -CONFORMING DWELLING LOCATED ON THE SOUTH 20 FEET OF LOT 5, AND. ALL OF LOT 6, BLOCK 3, HAMILTON'S ADDITION TO MECHANICSVILLE, THE SAME BEING 5618 - 5TH STREET N.E., FRIDLEY, MN. 55421• (REQUEST BY MRS. PAT DUPAY, 5618 5TH STREET N.E., FRIDLEY, MN. 55421) Chairwoman Wahlberg informed the Commission that this request had been postponed until their next meeting. X' 2. A REQUEST FOR A VARIANCE OF THE FRIDLEY CITY CODE AS FOLLOWS: SECTION 205.053, hA, TO REDUCE THE FRONT YARD SETBACK FROM THE REQUIRED 35 FEET UIQ TO'31.6 FEET APPROXIMATELY (NO SURVEY AVAILABLE AT THIS TIME), TO ALLOW THE CONSTRUCTION OF AN ATTACHED GARAGE TO BE LOCATED CK 2, S;dANSTROMS COURT ADDITION, THE SAME BEING 3 1 - 53RD AVENUE N.E. FRIDLEY MINNESOTA. (REQUEST BY MR. RAY PRESTENON, 139 - NUE N.E., FRIDLEY, MN. 55421.) FRIDLEY APPEALS COMMISSION MEETING OF MAY 119 1976 - PAGE 2 Chairwoman Wahlberg stated that since Mr. Prestenon was not at the meeting to present his request, and no one was present to represent him, she would entertain a motion to table this request for variance. MOTION by Mr. Plemel, seconded by Mr. Kemper, to table Mr. Prestencn's request for.variance. Upon a voice vote, all voting aye, the motion carried unanimously. 3. A REQUEST FOR A VARIANCE OF THE FRIDLEY CITY CODE AS FOLLOWS: SECTION 205.053, 4A, TO REDUCE THE FRONT YARD SETBACK FROM THE REQUIRED 35 FEET TO 30.8 FEET, TO ALLOW THE CONSTRUCTION OF AN ATTACHED GARAGE TO BE LOCATED ON LOTS 66, 675 AND 68, BLOCK A, RIVERVIEW HEIGHTS ADDITION, THE SAME BEING 369 HUGO STREET'N.E., FRIDLEY, MINNESOTA. (REQUEST BY MR JOHN H. KOBS, 369 HUGO STREET N.E., FRIDLEY, MINNESOTA 55432.) MOTION by Mr. Plemel, seconded by Mr. Barna, to open the public hearing. Upon a voice vote, all_ voting aye, the motion carried unanimously. ADMINISTRATIVE STAFF REPORT A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.053, 4A, front yard setback of 35 feet. Public purpose served by this section is to allow for off-street parking without encroaching on the public right of way. Also the aesthetic consid- eration of the neighborhood to reduce the "building line of sight" encroach- ment -into the neighborts front yard. B. STATED HARDSHIP: Variance needed to save the living room window. C. ADMINISTRATIVE STAFF REVIEW:. 36.9 Hugo is bordered on the East by a creek and several trees. It is bordered on the West by a house with a setback of approximately 24 feet. The natural terrain of the lot in question would allow for an attached garage with the standard 35 foot setback. The staff feels that the primary considerations in this appeal are any concerns of the neighbors and saving the window in the East wall of the house. It also appears that moving the garage back any more than requested would involve a considerable amount of fill. Mr. Kobs was at the meeting to present his request.. He showed to the Commission a survey of his lot with the garage sketched in and a photograph of the side of the house. He explained the reason he wanted the garage set four feet to the front of the house was that then the garage would only go back 22 feet on the house, and his living room window could be saved. He said that without the four foot variance the garage would go 26 feet back on the house, and the back wall of the garage would come directly in line with the window. Mr. Plemel noted.that the house to the East was 24 feet from the lot line, and the one to the West was about 20 feet. Mr. Kobs further explained that he would have a concrete driveway, and his present blacktop driveway would be used as part of the fill. He said the property to his east contained the creek, but it was his understanding that the owner had applied for a FRIDLEY APPEALS COMMISSION MEETING OF MAY 11, 1976 - PAGE 3 building permit for that property and had been turned down because of the creek. MOTION by Mrs. Gabel, seconded by Mr. Barna, to close the public hearing. Upon a voice vote, all voting aye, the motion carried unanimously. Mr. Plemel said that he could understand Mr. Kobs feelings, and because of the reasons stated he would have no objection to granting the variance. Mr. Kemper agreed. MOTION by Mr. Plemel, seconded by Mrs. Gabel, to grant the variance. Upon a voice vote, all voting aye, the motion carried unanimously. Chairwoman Wahlberg informed Mr. Kobs that he could now apply for his building permit and proceed with construction, and that this would also be routinely reviewed by the City Council. 4o A.REQUEST FOR A V IANCE OF THE FRIDLEY CITY CODE AS FOLLOWS SECTION 205.053, A, TO REDUCE THE SIDE YARD SETBACK FOR LIVING AREA FROM THE REQUIRED 10 FEET TO\5 FEET APPROXIMATELY, (NO SURVEY AVAILABLE AT THIS TIME)i TO ALLOW AN ADDITION T0,,:3E CONSTRUCTED ONTO THE BACK OF AN EXISTING DTZLLING LOCATED ON LOT 13 BLOCK 11 M8ADOTZ ANDS ADDITION, THE SAME BEING 881 -66TH AVENUE N.E., FRIDLEY, MINNESOTA 5 432. (REQUEST BY MR. MICHAEL J. GUSTAFSON$ 881 -66TH AVENUE N.E., FRIDLEY, MINNESO A 55432.) MOTION by Mr. Barna, se'aye ded by firs. Gabel, to open the public hearing. Upon a voice vote, all voting the motion carried unanimously. A INISTRATIVE STAFF REPORT A. PUBLIC PURPOSE SERVED BY of 10 feet. Section 205.053, 4B, side ,yard setback Public purpose is to maintain aN 0 feet between living areas in adjoining structures and 15 feerages and living areas in adjoining structures to reduce exposure oon of fire between structures and to allow for aesthetically p aseas around residential structures. B. STATED HARDSHIP: Family ( 'th sarage) needs more room and private covenant on land doesn't llow ban accessory structure. C. ADMINISTRATIVE STAFF RWIEW: Field measureme is show that there is 10 feet, 2 inches between this existing garage and the g rage to the west. There is no living area below these two garages. •The bac walls of the two garages are approximately ' line, which would mean that th proposed addition would involve living ar a within 106 feet of the neighborin garage. The petitioner has stated that e doesn't plan to install any windows the west side of this addition. Apparently the lower level would be used or storage. Although th •petitioner's deed or private covenant on his lanoesn't allow for an ace ssory structure, City Code section 205.051, 2A, allo s one accessory structur It is not the City's job to enforce private covenant' Staff feels t at a primary consideration in this request would be the fings of the neighbor to the west. FRIDLEY APPEALS COMMISSION MEETING OF MAY 11, 1976 - PAGE 4 Mr. Gustafson was at the meeting to present his request. He showed the Commission photographs of his house and a survey -that was made before the house was constructed. He pointed out where the addition would be put on. Chairwoman Wahlberg asked if his dwelling went back at an angle, and Mr. Gustafson said it got further away from the lot line. She asked what he proposed to add on, and he replied a walk -out basement with a family room upstairs following the exact construction of the house. He explained there would be a door into the basement and a door into the upstairs, and that the basement would be used for storage. He stated thai he had a single -car garage qnd his deed stated he could not build a shed, and his family, which included three children, needed the storage room. Chairwoman Wahlberg asked if there were any other living quarters behind the garage, and Mr. Gustafson replied there wasn't, and it had been filled in. Mr. Kemper asked if there was presently a basement under the home but not under the garage, and Mr. Gustafson said that was correct, and he would not be digging out under the garage. Mr. Plemel asked if the neighbors had something built on, and Mr. Gustafson answered that they had added on about five years ago. Chairwoman Wahlberg asked if there were any particular requirements that the city would make on this in regard to fire hazards, and Mr. Holden said he would strongly recommend windows be eliminated in the living area on the west side. He also said that sheet rock would be reouired before the siding went on. Chairwoman Wahlberg pointed out the fire protection would be wise for their own protection and for insurance purposes as well, and Mr. Gustafson said he didn't mind if there were any stipulations. Chairwoman Wahlberg read the following letter from Mr. Gustafson's neighbor to the west: Re: Michael J. Gustafson 881 -66th Ave., N.E. I give my permission for a variance with the following stipulation: that the house is exter0ed not any closer to the lot line than it is now. If it were extended closer it would make my property lose in resale value, as the FHA and VA would not approve of loans for a house with an unclear title. The letter was signed Kerry Brunkow, and dated May 9, 1976. MOTION by Mr. Plemel, seconded by Mr. Barna, to receive the letter. Upon a voice vote, all voting aye, the motion carried unanimously. Mr. Barna asked Mr. Gustafson if he realized he wouldntt need a variance if he would move the addition over, and Mr. Gustafson replied he did but then there would be. dead space and the cost would be about the same.' He also explained he wanted to coincide with the existing overhang for aesthetic reasons, and that if he did move the*addition over he would have to break up an existing patio. Chairwoman Wahlberg said she was concerned about gas fumes, and asked if there was any direct access from the house into the garage from the room behind, and Mr. .Gustafson said there was not. FRIvLEY APPEALS COMMISSION MEETING MAY 25, 1976 MEMBERS PRESENT: Pat Gabel, Alex Barna, Dick Kemper MEMBERS ABSENT: Virginia Wahlberg, Jim Plemel OTIiERS PRESENT: Ron Holden, Building Inspection Officer The meeting was called to order by Acting Chairperson Gabel at 7:36 P.M. APPROVAL OF MAY 11, 1976 APPEALS COMMISSION MINUTES: Mr. Holden said that on page 12, under "C", vacant lots should be changed to developed lots. MOTION by Barna, seconded by Kemper, to approve the minutes of the May 11, 1976 Appeals Commission meeting as corrected. Upon a voice vote, all voting aye, the motion carried unanimously. 1. A REQUEST FOR A VARIANCE OF THE FRIDLEY CITY CODE AS FOLLOWS: SECTION 205.053, 4A, TO REDUCE THE FRONT YARD SETBACK FROM THE REQUIRED 35 FEET TO 31.6 FEET APPROXIMATELY (NO SURVEY AVAILABLE AT THIS TIME) TO ALLOW THE CONSTRUCTION Or AN ATTACHED GARAGE TO BE LOCATED ON LOT 182 BLOCK 2, SWANSTROMS COURT ADDITION, THE SAME BEING 1391 - 53RD AVENUE N.E., FRIDLEY, MINN. (REQUEST BY MR. RAY PRESTENON, 1391 - 53RD AVENUE N.E., FRIDLEY, MN.) MOTION by Barna, seconded by Kemper, to open the public hearing. Upon a voice vote, all voting aye, the motion carried unanimously. ADMINISTRATIVE STAFF REPORT A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.053, 4A, front yard setback of 35 feet. Public purpose served by this section is to allow for off-street parking without encroaching on the public right of way. Another purpose is the aesthetic consideration of the neighborhood to reduce the "building line of sight" encroachment into the neighbor's front yard. B. STATED HARDSHIP: Lot drops off to the rear and extra fill would be very costly. Existing oil company easement prohibits lowering of front yard grade. C. ADMINISTRATIVE STAFF REVIEW: Staff measurements show that the existing house at 1391 53rd Avenue N.E. is set back 35.5 feet from the front property line, as are most of the houses in the block. The exception is an attached garage at 1385 53rd Avenue N.E. which is the first house West of the property in question. This garage is set back 31.6 feet from the front property line; FRIDLEY APPEALS COMMISSION MEETING OF MAY 25, 1976.- PAGE 2 the same setback as requested by the petitioner. There is presently 50.5 feet from the house at 1391 53rd Avenue N.E. to the curb. Constructing an attached garage on this property is complicated by an oil company easement in the front yard which requires minimum ground cover for the oil line on the easement. Normal cutting of the hill in the front yard yielding fill for the lower garage area is not permissible in this case. Fill will have to be brought in. An alternate, though more expensive, would be to add a storage area under the garage, by installing a reinforced prestressed concrete floor in the garage. This would eliminate the need for fill, but would cost more than the fill needed. Another possible alternate would be to negotiate with the oil company to insulate over the line in exchange for removing some fill. Staff has no objection of this variance request being granted. Mr. Prestenon was at the meeting to present his reTaest. He showed the Comr^ission a sketch of his lot with the proposed garage and pointed out on photographs where the Standard Oil Easement was. Acting Chairperson Gabel asked how many feet he would be from the neighbor to the east, and Mr. Prestenon replied they had just bought the vacated lot to the east from the City of Fridley so they could build the garage. He stated they could not build on thirty feet of the vacated property so they wouldn't be close enough to the neighbor to bother him,, ano added that he had talked to his neighbors and they had no objections as their garages were forward the same amount that he was requesting. Mr. Prestenon said they had considered installing a reinforced prestressed concrete floor, but it would be too costly, and he realized they could not take fill off the Standard Oil easement. Mr. Barna asked if Mr. Prestenon had contacted the oil company about the possibility of insulating, and Mr. Prestenon replied he thought the fill would be cheaper. Mr. Holden said that he had called the oil company and they preferred just having the dirt there. MOTION by Kemper, seconded by Barna, to close the public hearing. Upon a voice vote, all voting eye, tree motion carried unanimously. Mr. Kemper stated that there was a reasonable hardship and there was at least one other home in the area that had the same setback, and there was ample off-street parking. Mr. Barna said that he had driven down the street and it appeased the setback i-io ld fit in. MOTION by Kemper, seconded by Barna, to approve the request for variance. Upon a voice vote, all voting aye, the motion carried unanimously. 2. A REQUEST FOR A VA.KIANCE OF THE FRIDLEY CITY CODE AS FULLUWS: SECTION 205.053, 4i, TO REDUCE THE SIDE YARD SETBACK ADJOiRlNU LIVINu AREA, FROM THE REQUIRED 10 FEET TO 3 FEET, TO ALLOW AN ADDI'T`ION TO BE CONSTRUCTED TO AN EXISTING NON -CONFORMING DWELLING LOCATED ON THE SOUTH 20 FEET OF LOT 5, .AND ALL OF LOr 6, BLOCK 31 HAMILTON'S ADDITION TO MECHANICSVILLE, THE SAME BEING 5618 -5TH STREET N.E., FRIDLEY, MINN. 55421. (REQUEST BY MRS. PAT DUPAY, 5618 5TH STREET N.E., FRIDIEY, MINNESOTA 55121.) 9 ADMINISTRATIVE STAFF REPORT 1391 53rd Avenue N.E. A. Public Purpose Served by Requirement: Section 205.053, 4A, front yard setback of 35 feet. Public purpose served by this section is to allow for off-street parking without encroaching on the public right of way. Another purpose is the aesthetic consideration of the neighborhood to reduce the "building line of sight" encroachment into the neighbor's front yard. B. Stated Hardship: Lot drops off to the rear and extra will would be very costly. Existing oil Company easement prohibits,'.lowering of front yard grade. C. Administrative Staff Review: Staff measurements show that the existing house at 1391 53rd Avenue N.E. is set back 35.5 feet from the front property line, as are most of the houses in the block. The exception is an attached garage at 1385 53rd Avenue N.E. which is the first house West of the property in question. This garage is set back 31.6 feet from the front property line; the same setback as requested by the petitioner. There is presently 50.5 feet from the house at 1391 53rd Avenue N.E. to the curb. Constructing an attached garage on this property is complicated by an oil company easement in the front yard which requires minimum ground cover for the oil line on the easement. Normal cutting of the hill in the front yeard yielding fill for the lower garage area is not permissible in this case. Fill will have to be brought in. An alternate, though more expensive, would be to add a storage area under the garage, by installing a reinforced prestressed concrete floor in the garage. This would eliminate the need for fill, but would cost more than the fill needed. Another possible alternate would be to negotiate with the oil company to insulate over the line in exchange for removing some fill. Staff has no objection of this variance request being granted.