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VAR 04.84S STATE OF MINNESOTA APPEALS COKIISSION PROCEEDINGS CITY OF FRIDLEY C6 8399 In the Matter of variance to reduceo*the rear Yard setback on a double fronted -lot from 35 feet to VARIANCE 23 feet to allow a 12 foot addition to an existing garage at 420 57th Place N.E. Mark Burch , Owner The above entitled matter came before the Appeals Commission of the City of Fridley and was heard on on the 10th day of Aril , 19 84 , on a petition for a variance pursuant to the City of Frid ey s oningr inance;—Tor the following described property: All of Lot 5 and the East Half of Lot 4, Block 5, City View IT IS ORDERED that a variance be granted as upon the following conditions or reasons: See Appeals Commission minutes of April 10, 1984 STATE OF MINNESOTA ) COUNTY OF ANOKA ) ss, CITY OF FRIDLEY ) OFFICE OF THE CITY CLERK I, Sidney C. Inman, City Clerk for the City of Friley with and 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 hve found the same to be a correct and true transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand fat.. t,,G,f ,Fridley,�� Minnesota, in the County of Anoka on the tp day of.,,'1 9 DRAFTED BY: �. 1 City of Fridley , 6431 University Avenue N.E.=-- -�-- Fridley, MN 55432 SIDNEY C-,. 1t fll WCIT� CLERK, Variances are valid for a period of one year following appr'o ve�l'Od iball.be considered void if not used within that period. (SEAL) APPEALS C014MISSION MEETING,'APRIL-10, 1984 PAGE 7 NOTION BY MR. BETZOLD, SECONDED B MR. BARNA, TO RECOMMEND TO CITY COUNCIL THEFOLLOWING: (1) THE DENIAL A VARIANCE PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY CODE TO REDU THE SIDE YARD SET FOR AN ACCESSORY USE FROM 3 FT. TO 2 FT. FOR E CONSTRU ON A SWIMMING POOL: AND (2) THE APPROVAL OF A VARI CE PURSPUANIOT CHAPTER 205 OF THE FRIDLEY CITY CODE TO REDUCE THE REAR Y SET CK F 25 FT. TO 8.5 FT TO ALLOW THE CONSTRUCTION OF A 15 FT Y 27 T. ADDITION, LOCATED THE PIES 96 FEET OF THAT PART OF TH 'TH 3 OF LOT 4, AUDITOR' SUBDIVISION NO. 108, ANOKA COUNTY, MINNESOT , WH LIES NORTH OF THE UTH LINE OF THE NOP.TH HALF OF SAID LOT 4, BJECT TO ROAD EASE NT E SAME BEING 1601 - 73 1/2 AVENUE N.E. UPON A V CE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE MOTION CARRIE UNANIMOUSLY. . Gabel stated this item would go to City Council on May 7. 3. REQUEST FOR VARIANCE PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY CODE TO NOTION BY MS. GEROU, SECONDED BY MR. BARNA, TO OPEN THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC HEARING OPEN AT 8:13 P.M. Chairperson Gabel read the Administrative Staff Report. ADMINISTRATIVE STAFF REPORT 420 - 57th Place N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: 5t Section 205.07.3.D4 (a) requires the setback for a garage, located in the rear yard on a double frontage lot, to be the same as for a front yard (35 feet). Public purpose served by this requirement is to allow for adequate open rear yard areas should any of the buildings in a double frontage block face the "rear". B. STATED HARDSHIP: "By adding 12 feet to the existing garage, I will be able to store my boat inside rather than outside where it is exposed to weather and vandalism. APPEALS COMMISSION MEETING, APRIL 10, 1984 PAGE 8 "The variance is needed due to the fact that my lot is double fronted; on the south by 57th Avenue and on the north by 57th Place." C. ADMINISTRATIVE STAFF REVIEW: The previous owner of this property was granted a Special Use Permit to build a 20 ft. by 22 ft. second accessory building (garage). The garage was constructed in 1976 at the minimum setback of 35 feet. The present owner would like to add 12 feet toward 57th Avenue; however, he needs a variance to do so (from 35 feet to 23 feet). The Zoning Code requires a 35 foot setback to all structures on double frontage lots. There have been two previous variances granted in this block; one at 390 - 57th Place in 1968 to construct a four stall garage 30 feet from the line, the other in 1969 for a 25 foot setback for a two stall garage at 464 - 57th Place. The homes on either side of the petitioner both face 57th Place; there- fore if this request is granted, it would not result in any encroachment into the front yard of a neighbor. If the Board approves this variance request, the Staff has no stipulations to suggest. Mr. Clark showed an aerial photo showing the entire length of the block. Ms. Gabel asked the petitioner, Mr. Burch, to explain his request. Mr. Burch stated he has a new boat, and it is too big for the garage. He would like to store it in the garage to keep it out of the weather and to prevent vandalism. He would like to add 12 ft. onto his garage so he can store both his car and his boat at the same time. He stated he has talked to some of his neighbors, and they have no objections. NOTION BY MS. GEROU, SECONDED BY lit. 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. NOTION BY MS. GEROU, SECONDED BY MP.. PLEMEL, TO RECOMMEND TO CITY COUNCIL APPROVAL OF REQUEST FOR VARIANCE PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY CODE TO REDUCE THE REAR YARD SETBACK ON A DOUBLE FRONTED LOT FROM 35 FEET TO 23 FEET, TO ALLOW A 12 FT. ADDITION TO AN EXISTING GARAGE (GARAGE WAS APPROVED BY SP N76-05 IN 19 76) LOCATED ON ALL OF LOT 5 AND THE EAST HALF OF LOT 4, BLOCK 5, CITY VIEW, THE SAME BEING 420 57TH PLACE N.E. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. Numerical_ Grantor Grantee Recorded Checked Margin��/ Tr, Index � OFFICE OF COUNTY RECORDER STATE OF PiINNESOTA, COUNTY OF ANOKA 1 hereby certify that the instru rnent Was t ' ffice for record on the A.C., 19 !o'clock f? M., and was duly recorded in book page® oQunty Recorder BY -9/p t � L Deputy City of Fridley 6431 University Avenue NE Fridley, Minnesota 55432 Attn: Planning Department CITY OF FRI0LEY, SUBJECT VARIANCES 6439 UNIVERSITY AVE. NE. VVV FRIDLEY, MN. 58432 86121 679-34 +G ADDRESS 420 57th Place N.E. DATE APPEALS COMMISSION: APPROVED DISAPPROVED _ DATE NO. CITY COUNCIL REVIEW: REQUIRED: ,YES CITY COUNCIL: APPROVED DISAPPROVED DATE N0. STIPULATIONS: NAME Mark -Burch FEE RECEIPT No# /zzo LOT NO. BLOCK NO. TRACT OR ADDITION LEGAL DESCRIPTION: Lot 5 and East H41f of Lot 4 ,Blnrk S_ rit/_VJAW VARIANCE-REQUEST(S): (Attach plat or survey of property showing building, variances, etc., where applicable) Reduce rear yard setback on double fronted lot from 35 feet to 23 feet. Existing garage was approved by SP#76-05 in 1976. Section(s) of the City Code: List specific hardship(s) which requires the variance(s): By adding 12' to the existing garage I will be able to store -my boat inside rather than outside where it is exposed to weather and vandalism. The Variance is needed due to the fact that my lot is double fronted -oh the south by -57th Avenue and on the north by 57th Place. DATE. Z/ , �SIGNATURE ADDRESS 420 57th Place N.E., Fridley, MN 55432 TELEPHONE NO 571-0983 VARIANCES FOR CITY USE ONLY w.•• — W ■rya,■ t qWW VI wci41low My date notified. and "Yes" or Otto" for plans to attend hearing, • L15L lremb rs,, • Plan Patricia Gabel Nam ' 3-30�'4� TO Attend I Al enc. Barna • Jean- Gerou Donald Betzold James Plemel . Person raking appeal and the following property otiners having prope ty w—ithin 200 feet notified: Nam 8y Whom Mr, Mark Burch, 420 57th Place N,E, 4 PhW-pr Mail Notified Mr. JNr Daniel S. 0' -Neill, 390 57th Place N.E. £ Mcc Glen Ramc M/M Robert Amborn,-405 57th Place N.E. .MM rdaU ,.-409 •52tl* Pl aca N . F, M/M Mrs. Warren Sunderland, 410 57th Place N,E, Garel Olsen, 67t,h-P4aee- N.S.* M/M Carl A. Paulson, 430 57th Place N,E, M/M V.L. Golobich, 440 57th Place N.E. Mr. Dani K. Jdhnson, 451 57th Place N.E. M/M Robert W. Engstrom, 455 57th Place N,E, M/M Ronald A. Sanetra, 5626 5th St, NE. M/M Douglas Hutton, 5629 5th St. NE. M Paul Willingham, 5638 5th St N,E, •� M/M Raymond T. Gullickson, 5648 5th St. N,E, I � Mr. David J. Abrams, 5659 5th St. N,E,,, _ M/M Alvin L. Schnobrich, 5649 5th St. N.E. M/M Garry Gertzen, 5631 6th St. NE., M/M Clarence Bedard, 5641 6th St. N,E M/M William Cruce, 5651 6th St. NE, M/M El.den Thompson, 5661 6th St. N.E. M/M Richard Leslie, 5671 6th St, NE. • Mr, r John F. Osterloh., 5639 5th St, N,E, CITY OF FRIDLEY 6431 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA 55432 TELEPHONE ( 612)571-3450 March 30, 1984 NOTICE OF PUBLIC HEARING iereby given that the Appeals Commission of the City of Fridley :t a Public Hearing in the City Council Chambers at 6431 University theast at 7:30 p.m. on Tuesday, April 10 ,1984 in regard to the natter: Request for variance pursuant to Chapter 205 of the Fridley City Code, to reduce the rear yard setback on a double fronted lot from 35 feet to 23 feet, to allow a 12' addition to an existing garage (garage was approved by SP#76-05 in 1976) located on all of lot 5 and the East half of Lot 4, Block 5, City View, the same being 420 57th Place N.E. Fridley, MN 55432 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 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. Item #3, April 10, 1984 ADMINISTRATIVE STAFF REPORT 420 - 57th Place N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.07.3.M(a) requires the setback for a garage, located in the rear yard on a double frontage lot, to be the same as for a front yard (35 feet). Public purpose served by this requirement is to allow for adequate open rear yard areas should any of the buildings in a double frontage block face the "rear". B. STATED HARDSHIP: "By adding 12 feet to the existing garage, I will be able to store my boat inside rather than outside where it is exposed to weather and vandalism. The variance is needed due to the fact that my lot is double fronted; on the south by 57th Avenue and on the north by 57th Place." C. ADMINISTRATIVE STAFF REVIEW: The previous owner of this property was granted a Special Use Permit to build a 20' x 22' second accessory building (garage). The garage was constructed in 1976 at the minimum setback of 35 feet. The present owner would like to add 12 feet toward 57th Avenue, however he needs a variance to do so (from 35 feet to 23 feet). The Zoning Code requires a 35 foot setback to all structures on double frontage lots. There have been two previous variances granted in this block; one at 390 - 57th Place in 1968 to construct a four stall garage 30 feet from the line, the other in 1969 for a 25 foot setback for a two stall garage at 464 - 57th Place. The homes on either side of the petitioner both face 57th Place, therefore if this request is granted, it would not result in any encroachment into the front yard of a neighbor. If the Board approves this variance request, the staff has no stipulations to suggest. Y CITY OF FRIDLEY, MINNESOTA COMPLETE REVIEW CHECKLIST RETURN TO PLANNING fvo--� JIM rrel Mark [WiClyde P]'/John .Leon COMMISSION APPLICATION REVIEW FIL NO/ AOOR FILE OATS OUE OATF�� �z 1,��-.—amu u�____I `�____�� u�j � ; . *3,m --anN3AV--i4JL,,LS----- : 7 ort I -F- 6 pip Wo Ififl ti S6 s � jw- F6� CA � � t4� ode b9b 600 /V k. ti S6 s � jw- F6� CA � � t4� 600 /V k. ti S6 s � jw- F6� CA � � t4� Evil Ne " 'Faw 33V1d, *3 AV ma Evil APPEALS COMMISSION MEETING,'APRIL-10,'1984 PAGE 7 MOTION BY MR. BETZOLD, SECONDED BY MR. BARNA, TO RECOMMEND TO CITY COUNCIL THE FOLLOWING: (1) THE DENIAL OF A VARIANCE PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY CODE TO REDUCE THE SIDE YARD SETBACK FOR AN ACCESSORY USE FROM 3 FT. TO 2 FT. FOR THE CONSTRUCTION OF A SWIMMING POOL. AND (2) THE APPROVAL OF A VARIANCE PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY CODE TO REDUCE THE REAR YARD SETBACK FROM 25 FT. TO 8.5 FT. TO ALLOW THE CONSTRUCTION OF A 15 FT BY 27 FT. ROOM ADDITION, LOCATED ON THE WEST 96 FEET OF THAT PART OF THE SOUTH 2/3 OF LOT 4, AUDITOR'S SUBDIVISION NO. 108, ANOKA COUNTY, MINNESOTA, WHICH LIES NORTH OF THE SOUTH LINE OF THE NORTH HALF OF SAID LOT 4, SUBJECT TO ROAD EASEMENT, THE SAME BEING 1601 - 73 1/2 AVENUE N.E. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Gabel stated this item would go to City Council on May 7. 3. REQUEST FOR VARIANCE PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY CODE TO KEDU CE THE REAR YARDS BACK N A DOUBLE FRONTED LOT FROM 35 FEET 70 MOTION BY MS. GEROU, SECONDED BY MR. BARNA, TO OPEN THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC HEARING OPEN AT 8:13 P.M. Chairperson Gabel read the Administrative Staff Report. ADMINISTRATIVE STAFF REPORT 420 - 57th Place N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: st Section 205.07.3.D4 (a) requires the setback for a garage, located in the rear yard on a double frontage lot, to be the same as for a front yard (35 feet). Public purpose served by this requirement is to allow for adequate open rear yard areas should any of the buildings in a double frontage block face the "rear". B. STATED HARDSHIP: "By adding 12 feet to the existing garage, I will be able to store my boat inside rather than outside where it is exposed to weather and vandalism. APPEALS C0144ISSION MEETING, APRIL 10, 1984 PAGE 8 "The variance is needed due to the fact that my lot is double fronted; on the south by 57th Avenue and on the north by 57th Place." C. ADMINISTRATIVE STAFF REVIEW: The previous owner of this property was granted a Special Use Permit to build a 20 ft. by 22 ft. second accessory building (garage). The garage was constructed in 1976 at the minimum setback of 35 feet. The present owner would like to add 12 feet toward 57th Avenue; however, he needs a variance to do so (from 35 feet to 23 feet). The Zoning Code requires a 35 foot setback to all structures on double frontage lots. There have been two previous variances granted in this block; one at 390 - 57th Place in 1968 to construct a four stall garage 30 feet from the line, the other in 1969 for a 25 foot setback for a two stall garage at 464 - 57th Place. The homes on either side of the petitioner both face 57th Place; there- fore if this request is granted, it would not result in any encroachment into the front yard of a neighbor. If the Board approves this variance request, the Staff has no stipulations to suggest. Mr. Clark showed an aerial photo showing the entire length of the block. Ms. Gabel asked the petitioner, Mr. Burch, to explain his request. Mr. Burch stated he has a new boat, and it is too big for the garage. He would like to store it in the garage to keep it out of the weather and to prevent vandalism. He would like to add 12 ft. onto his garage so he can store both his car and his boat at the same time. He stated he has talked to some of his neighbors, and they have no objections. MOTION BY MS. GEROU, 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. MOTION BY MS. GEROU, SECONDED BY MR. PLEMEL, TO RECOMMEND TO CITY COUNCIL APPROVAL OF REQUEST FOR VARIANCE PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY CODE TO REDUCE THE REAR YARD SETBACK ON A DOUBLE FRONTED LOT FROM 35 FEET TO 23 FEET, TO ALLOW A 12 FT. ADDITION TO AN EXISTING GARAGE (GARAGE WAS APPROVED BY SP ,#76-05 IN 1976) LOCATED ON ALL OF LOT 5 AND THE EAST HALF OF LOT 4, BLOCK 5, CITY VIEW, THE SAME BEING 420 57TH PLACE N.E. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. i APPEALS COMMISSION MEETING, APRIL 10, 1984 PAGE 9 4. ANT TO CHAPTER 205 OF THE FRIDLEY CITY CODE TO ey Ann Thompson, 5850 5th St. N.E., ey, Mn. MOTION BY MS. GEROU, SECONDED BY MR. BETZOLD, TO OPEN THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC HEARING OPEN AT 8:22 P.M. Chairperson Gabel read the Administrative Staff Report. ADMINISTRATIVE STAFF REPORT 5850 5th St. N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.7.3.D2 (a) requires a side yard of ten feet between any living area and side property lines. 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: "We plan to enclose the present carport and make it into a family room. The present carport is 6' 6" from our lot line. We plan on extending the basement under the present carport." C. ADMINISTRATIVE STAFF REVIEW: The neighbor's house to the south of the petitioner's is 14.5 feet from the lot line; therefore, the two structures are 21 feet apart, 1 foot in excess of the required 20 feet between living areas. If the Board moves to approve this request, the Staff has no recommended stipulations. Mr. Clark stated this was a garage until the tornado in 1965. The owners rebuilt the old garage area as a carport and built a two -car garage in the rear. Ms. Gabel asked the petitioner, Ms. Thompson, if she would explain what she was planning to do. APPEALS COMMISSION MEETING, APRIL -10, 1984 PAGE 10 Ms. Thompson stated she was recently married, and they are combining two families. Their present kitchen area is very small. They plan to enclose the old carport, open it up and have a larger eating area. They will extend the basement under the carport. She stated there is no objection from the neighbor next door. MOTION BY MS. GEROU, SECONDED BY MR. PLEMEL, TO CLOSE THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC HEARING CLOSED AT 8:26 P.M. Ms. Gerou stated the petitioner had a definite hardship, and she would be in favor of granting the request. Mr. Barna stated the intent of the code to maintain distance between structures is still remaining intact since the neighboring house is 14.5 ft. from the lot line, making the two structures 21 ft. apart. It is also not decreasing the visual aspect of the yard as the carport is existing, and it will just be enclosed. Mr. Betzold agreed. They would not be moving any closer to the neighboring building and there is no enfringement. He stated he had no problem with this request. Ms. Gabel stated she also agreed. There was a hardship, and the spirit of the code is being maintained. She had no problem with granting this request. MOTION BY MS. GEROU, SECONDED BY MR. BARNA, TO RECOMMEND TO CITY COUNCIL APPROVAL OF A REQUEST FOR VARIANCE PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY CODE TO REDUCE SIDE YARD SETBACK FROM 10 FT. TO 6 1/2 FT. TO CONVERT A CARPORT TO LIVING AREA, LOCATED ON LOT 3, BLOCK 5, BENNETT PALMIER ADDITION, THE SAME BEING 5850 5TH ST, N.E. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. ADJOURNMENT: MOTION BY MR. BARNA, SECONDED BY MS. GEROU, TO ADJOURN THE MEETING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE APRIL 10, 1984, APPEALS COMMISSION MEETING ADJOURNED AT 8:30 P.M. Respectfully sub fitted, n )Saba Recording Secretary