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VAR 03.81CITY OF FRIOLEY, SUBJECT MINNESOTA COMMISSION APPLICATION REVIEW .UeKT CA Urvision, HUMbefELNago ------- I Approved by Dote I' I L 0/ A150ESS FIL% ATE COMPLETE REVIEW CHECKLIST 40 RETURN TO PLANNING COMM NTS fy I r reel W CITY OF FRIDLEY 8431 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA 56102 TELEPHONE' ( 812)571-3450 April 3, 1981 NOTICE OF PUBLIC HEARING i I Notice'is hereby given that the Appeals Commission of the City of Fridley ;wi l,l; conduct a- public hearing j n ,the;, City: Council, Chambers at 64.31 Univer- sity Avenue Northeast -at 7:30 PA on Tuesday, April 14-5- :1981,, in regard tothe following matter: Request for_a variance pursuant to Chapter 205 of the Fridley City Code, to reduce the side yard setback on the.living side of a house from the required 10 feet to 6 feet to allow a 17 ft. by .20 ft..a.ddition on the roof of an attached 21 ft. by 22 ft. garage, located on Lot 11, Block 2, p Temple Terrace Second Addition, the."same being ` 556 53 1/2 Avenue N.E. F Noticq is hereby given that all persons having an interest tberein will be ---given.an opportunity to be -heard at the above time and place. _PATRI C IA GAB EL: . VICE- CHAI RWO14AN 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 riot agree with theCommission`s decision. If any of these events occur, the request will continue to the City Council through the Planning Commission with ----'-'only a recommendation- froMr the Appgals Commission. . CITY ai:i FAIIDLEY, SUBJECT C VARIANCES 641 ulvlvEsaSlTY AVE. NS. FFRIDLEY. MN. 55432 EGIUI.571-341.0 ADDRESS' —5-3 DATE ' ` - e0 APPEALS COMMISSION: APPROVED DISAPPROVED DATE 7/5,// 71 NO. % CITY COUNCIL REVIEW: REQUIRED: YES s/ CITY COUNCIL: APPROVED DISAPPROVED DATE NO. STIPULATIONS: UG� Cr NAME FEE .5"� e_ RECEIPT No. � 3 3' i—T N0.:BLOCK NO. TRACT OR ADDITION LEGAL DESCRIPTION: a��g- � VARIANCE REQUEST(S): (Attach plat or survey of property showing building, variances, etc., where -applicable) List specific.hardship(s) which requires the variance(s): j aA�,004 can DATE SIGNATURE r ADDRESS S --�v L 4TELEPHONE NO elo� � %� -,040 8�8 VARIANCES FOR CITY USE ONLY Board members notified of meeting_�y List members,' date notified, and "Yes" or "No" for plans to attend hearing. t 4/—X Plan Name Date To Attend Gabel j'• '{ Plemel ,r Barna - r` 410 Gerou - � ,. Hippen r Person making appej.'and ihe' following .property owners ahaaving,p pperty. within 2 0.',feet nnti fi Pd t �. Whom Name P h�pWail No M/M Gregory Olin, 541 53 1/2 Avenue N.E. M/M Arthur Martin, 549.53 1/2 Avenue N.E. ' M/M Leon Swarmer, 557 53 1/2 Avenue N.E. Mr. James Hanson, 565.53 1/2,Avenue N.E. ~ M/M Michael Johnston, 573 53 1/2 Avenue N.E. /M Vernon Schuldt, 581.53 1/2 Avenue N.E. /M Joseph Deggendorf, 580 53 1/2 Avenue N.E. orian aney, 572 53 1/2 Avenue NE. Avenue N.E. Ar. Arno H. Sylvester, 556 53 1/2 Avenue N.E. M Robert Ledermann, 54853 1/2 Avenue N.E. Gary Wal en, 540 53 1/2 Avenue N.E. /M Jerome Marquis, 532 53 1/2 Avenue N.E. /M Gary ete,rson, 649.:..�3rd Avenue N., E,.., r. Dale Sorensen, 643 '5.3rd Aveaue.N-E. • ,. Mrs. Clement u• roy, Jr. -,'571 -53rd Avenue" N. E. Er. Qnna3d She 63rd Avenue N.E 581 r.'& Mrs. Jack Tope'ff,. 561 53rd Avenue. N.E. t Item #1, April 14, 1981 ADMINISTRATIVE STAFF REPORT 556 - 5A Avenue N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.053, 4B, requires a side yard setback of not less then 10 feet adjoining living area. Public purpose served by this requirement is to maintain a minimum of 20 feet between living areas in adjacent structures and 15 feet between garages and living areas in adjacent structures to reduce exposure to conflagration of fire. It is also to allow for aesthetically pleasing open areas around residential structures. B. STATED HARDSHIP: "I would like to have this size room and also for the overall appearance of the home. With this size room I believe the overall home will have a better appearance." C. ADMINISTRATIVE STAFF REVIEW: This home faces north (53-� Avenue) with -the attached 21` x 22' garage on the east side of the structure and having a 2' (-approx.Z side yard setback. The proposed 17' x 20' addition will be placed on the top of the garage, even with the back of the garage, and set back 6' from the side lot line. This existing garage was built in 1963, is constructed of blocks rather than wood frame, and has only 4 row of blocks showing on the east side. The adjacent dwelling to the east (564-5311 Avenue) is 24' (approx.1 from the common lot line. This homeowner had asked for a sideyard variance for an attached garage with living area above in 1970 but the living area request was denied. The reason for the denial was that the structures would be too close if Mr. Sylvester ever decided to build on top of his existing garage. The attached garage was not built, but a detached garage located in the rear yard was constructed. Item #1., April 14, 1981 AD14INISTRATIVE STAFF REPORT 556 - 5A Avenue N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section- 205.053, 4B, requires a side yard setback of not less then 10 feet adjoining living area. Public purpose served by this requirement is to maintain a minimum of 20 feet between living areas in adjacent structures and 15 feet between garages and living areas in adjacent structures to reduce exposure to conflagration of fire. It is also to allow for aesthetically pleasing open areas around residential structures. B. STATEP HARDSHIP: "I would like to have this size room and also for the overall appearance of the home. With this size room I believe the overall home will have a better appearance." C. ADMINISTRATIVE STAFF REVIEW: This home faces north (5331 Avenue) with the attached 21t x 22' garage on. the east side of the structure and having a 2' (approx.I side yard setback. The proposed 17' x 20' addition will be placed on the top of the garage, even with the back of the garage, and set back 6' from the side lot line. This existing garage was built in 1963, is constructed of blocks rather than wood frame, and has only 4 row of blocks showing on the east side. The adjacent dwelling to the east (564-5311 Avenue) is 24' (approx.1, from, the common lot line. This homeowner had asked for a sideyard variance for an attached garage with living area above in 1970 but the living area request was denied. The reason for the denial was that the structures would be too close if Mr. Sylvester ever decided to build on top of his existing garage. The attached garage was not built, but a detached garage located in the rear yard was constructed. City. of :Fridley APPEALS C!rMMISSION MEETING,- TUES. j APRIL,14, 1981 Page 1 Vice -Chairwoman Gabel called the Appeals Commission of April 14, 1981, to ,.order at 7:30.p.m. ROLL CALL Members Presentp'Patricia Gabel, Jean Gerou, Donald Hippen,, Alex Sarna., Jim Plemel Others Present: Darrell Clark, City of Fridley MI? APPEALS COMMISSION.•MINUTES:OF.MARCH 24, 1981:' MOTION by Mr. Barna, seconded by Mr.'Plemel. to„approve the Appeals Commission minutes of March.24,. 1981, as written. UPON A VOICE VOTE, ALL VOTING AYE, VICE CHAIRWOMAN GABEL DECLARED'THE MOTION CARRIED UNANIMOUSLY. 1. VARIANCE REQUEST pUR%= TO CH&gT ry rrry ConF M REJX F THE SIDE YARD SETBACK ON THE `LIVING SIDE OF THE` HOUR FROM- E REQUIRED 10 P TO 6 FEET TO ALLOW THE CONSTRUCTION OF 'A 17 FOOT BY 21 FOOT =1 TION'ON THE ROOF OF AN ATTACHED 21 FOOT BY 22 FOOT.GARAGE,_LOCATED ON'LOT ll,- .BLOCK 2, TEMPLE TERRACE -:SECOND ADDITION, THE SAME BEING 556 53-1/2 AVENUE N E. (Request by_;Arno'H.S— y ester, 556 53-1/2 Avenue N.E., Fr c ey, MN 55421) .' Mr. Arno R Sylvester, 556 53-1/2 Avenue N.E., was!,present MOTION by, Mr. Barna, seconded by Mr. Plemel, to`open the public.hearing. UPON'A VOICE'VOTE, ALL VOTING AYE, VICE CHAIRWOMAN GABEL DECLARED THE PUBLIC HEARING OPEN.AT 7:33 P.M. Vice -Chairwoman Gabel.read,the Staff Report: ADMINISTRATIVE STAFF REPORT 556 535 Avenue> N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: 'Section 205.053, 4B, requires aside yard setbac)s of not less then 10 feet adjoiniiig living area. se served by this rec rement.-is to maintain,.. a minimum of Public purpo :., 20 feet between living areas in adjacent structures and -15 feet between games ands laving areas in adjacent structures-'to.reduce exposure to con€lagration of fire. It is also to allow for.'Ilaesthetically p ng open areas�°around residential structures. 13 STATED HARDSHIP-. - "I would like to halve this size room and also for the overall ave of.the home. .With this size room I believe the overall home will have a better appearance.” APPEALS COMMISSION MEETING - TUESDAY APRIL 14 1981 Page 2 C. ADMINISTRATIVE STAFF REVIEW: This home faces north (53� Avenue) with the attached 211 x 22' garage on the east side of the`structure and having a 2' (approx.1 side yard setback. The proposed 17' x 20' addition will be placed on the top of the garage, even with the back of the garage, and set back 6' from the side lot line. This existing garage was built in 1963, is constructed of blocks rather than wood frame, and has only 4 row of blocks showing on the east side. The adjacent dwelling to the east (564-,53� Avenue) is 24' (approx.) from the common lot line. This homeowner had asked for a sideyard variance for an attached garage with living area above in 1970 but the living area request was denied. The reason for the denial was that the structures would be too close if Mr. Sylvester ever decided to build on top of his existing garage. The attached garage was not built, but a detached garage located in the rear yard was constructed. Mr. Clark showed the commission a photo and aerial view of the area. Mr. Sylvester said he would.like to build on top of this garage with a deck running along extending out 6 feet and 8 feet in the back of the garage. He said they will be setting the living room back 2 feet as there is a valley and theyhave to accomodate that. He also said the deck will overhang 4 feet onto the driveway. Vice Chairwoman Gabel asked if it was to be living room or family and if he will have any openings on the east side. Mr. Sylvester said it will be a living room and the existing living room will be a dining room and the openings will be on the north and south side. He also said the deck will be on the east side to the edge of the garage. Vice Chairwoman asked when he would like to start. Mr. Sylvester said he would like to start in the middle of May and that a'contractor will do the work and that he.will probably do the finish work on the inside. Vice Chairwoman Gabel asked about the roof lines and Mr. Barna asked if there will be patio doors on the south side. Mr. Sylvester said the roof line will be 1-1/2 feet higher and they will have patio doors on the south side with stairs going into the back yard. Mr. Barna questioned the hardship and asked why he needed additional space;' Mr. Sylvester said he is going to remarry and .will need the additional, space. He also said he has talked to his neighbor and he has no objections. Vice Chairwoman Gabel asked Mr. Clark.if there needed to.be a fire wall and Mr. Clark said no. Mr. Barna noted that the change in family size is the real hardship. MOTION by Mr. Plemel, seconded by Mr. Hippen,.t:o close the public hearing. UPON.A VOICE VOTE, ALL VOTING AYE, VICE CHAIRWOMAN GABEL DECLARED THE PUBLIC HEARING CLOSED AT 7:43 P.M. MOTION by Mr'. Barna, seconded by Mr. Plemel, to approve the variance request to reduce the side yard setback on the living side of the house from the required. 10 feet to 6 feet to allow the construction ofa 17 foot by 21 foot addition on the roof of an attached 21 by 22 foot garage, located on Lot 11, Block 2, Temple Terrace Second Addition, the same being 556 53-1/2 Avenue N.E., Fridley, MN 55421. UPON A VOICE VOTE, ALL VOTING AYE,. VICE CHAIRWOMAN GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY.