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VAR 04.73City of Fridley AT THE TOP OR TN[ TWIN$ r s ; tu-------- CONNVNITY O[V[1.0r1 gNT DIV, 'MOT9CTiV9 IftOTM OPT. CITY "ALL /QIOLLY N*! {..-.�..� �.J NA-000'34*0 iIJ♦J[GT APPLICATION TO BOARD OF APPEALS NMN»! 91 - IKV. DAY9 P"[ OF 1 APPROVED 6Y 800 e Address Phone legal Desc. Lot No. Bock No. Tract _ or Addition S Variance Requested (Attach plat or survey of property showing location of proposed building, etc., including adjoining properties and ownership within 200 feet of said property,J Meeting Date. Fee Receipt No. Opinions and Recommendation by the Board of Appeals ' f /9?,s — U CAS O-k For Above Recommendation Against Recommendations City Council Action and Date City of Fridley AT THE TOP OF TME TWMI I L j LtW------, COMMVNITY DEVELOPMENT DIV. i FROTECTIVR 00ftOTIOR 09PT, CITY "ALL FRIDL9V ffma L-.--.i�►.� .J W-/00-3N0 iIAJiGT APPLICATION TO BOARD OF APPEALS (Staff Report) NUWER REV 910-F23 0 DATE 2/15/73 E OV-_11PPROVED 2 2 O 800 Comments by administrative official denying original request for building permit or other permit. (To be completed by administrative official. Appropriate Ordinances and sections of Ordinance to be cited.) Board members notified of meeting by List members, date notified, and "Yes" or "No" for plans to attend hearing. - Name Date Plan to Attend (Av Person making appeat and Abe following property owners having property within 200 feet notified: Phone Notified B Name -Date or Mail (Initial) b o Y� C/ 7 ✓I. 1 �L ✓���C �alll La (10—UP—LO . a-7m /semo 12r��zcz (� tj ` L1 2 May 1973 CHAIRMAN FRIDLEY CITY COUNCIL CITY HALL FRIDLEY, MINNESOTA, 55432 SUBJECT: VARIANCE Dear Sir; I am writing this letter because 1 feel, or rather my neighbors and I feel that our appearing at your meeting on the 7th of May 1973, concerning VARIANCE rights of Mr Jim Allen,.1541 60th Ave N E would prove about the same as when we appeared at the meeting of April 24, 1973 to protest this action. The meeting was held at 7:30 PM, and we sat there until 11:00 PM and at that time were asked by the board of appeals why we were setting there, at which time we were informed that the records concerning this case were lost. From that point on we were treated as if we were some kind of criminal and never did receive a fair hearing. At the end of the meeting we were told that Mr Aliens request had been approved and if we did not like it we would attend your meeting on the 7th of May 1973. The conclusion by my neighbors and myself was that the only thing the board was interested in was the apparent increase in tax money that would be received by granting Mr Aliens request. /or Allen was granted a VARIANCE allowing him to come to within 2 feet of our lot line, he is presently aprx 5 feet from that line now, our bedrooms face this side, we are aprx 10.2 ft from the lot line. Mr Allen knew quite will when he bought the house that he was close to the lot line then. By moving close he is causing a "FIRE HAZARD", "NOISE HAZARD". and APPEARANCE HAZARD. I personnaly spent aprx $8000.00 on remodeling my home inside and out last year, but by doing so, hurt no one. But Mr Allen and the Board of Appeals seem bent on destroying the appearance of the neighborhood around him, ', e •.� � � , 4 � . . i � I. If '- .. ,. '' � i I. -.� , . , :.,. ,,: .. ,. .. I<< .,.. � � I!. - � ..... it � ., :: � c � - ..� ..�, ..�I-. .. .. t � . .. .... a .. ,�II _.i � � I� b,m Page 2 plus causing undue hardships on my family and property and neighbors. I therefore object to the decision of the Board of Appeals strongly, and do not feel that there judgement was proper in this case, and that we were not heard fairly at this meeting. This was the first meeting I have ever attended at the Fridley City Hall, and I have lived in Fridley for nine years, but if that meeting was a pattern of all meetings held there, hopefully I will never have to attend another one, if so I would of course want to be represented by a attorney, because it looks like it is impossible to speak out as a citizen of Fridley. Thank ou fo re i is. S `R L Sorsoleil (.' I I 60th Ave N E ridIey, Minnesota, 55432 I i ,, � I � ._ ' . • � :.f • } _ � • . II; II -'� - I .. I �. i ,II II � �' l I I. • I I. ' I� d � . t MINNESOTA VALLEY TAd� a SURVEYORS & ENGINEERS CORP. ¢ G i.. I70888 -17TH AV8MU8 SOUTH t SURHSVILL11, M"WSOTA 55778 �1 Ph— 848.7758 Certificate of Survey for : •--IA m4m 5 A / -L Ely /0 Drainage ��`Ut�1y Easen�E�t Cyu/ane Fe,7 X R x -- P2\4\�' 114I zz I I �I I iron �I � I 1�0 Conc. Curb 60LHAVr-, ZOT .3 , 5/-Ocff ZARRY's 1sAaolTION a 40' I hereby certify that this is a true and correct representation Minnesota Valley Surveyors Bit of a survey of the boundaries of the above described land, EngAneers, C by , R L S and of the location of all buildings, thereon, and all visible y —G encroachments, if any, from or on said land. --66 As surveyed by me this 0/11"day ofIV4'ecd A- D. 1971. Minn, Reg. No. 9293 OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE BOARD OF APPEALS TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN THAT the Board of Appeals of the City of Fridley will meet in the Council Chamber of the City Hall at 7:30 P.M. on Tuesday, April 24, 1973 to consider the following matter: A request for a variance of Section 45.053, 4, B4, Fridley City Code, to reduce the required side yard setback adjoining an attached garage from 5 feet to 1.2 feet to allow the construction of an addition onto an existing garage located on Lot 3, Block 1, Larry's 1st Addition, the same being 1541 - 60th Avenue N.E., Fridley, Minnesota. (Request by Mr. James Allen, 1541 - 60th Avenue N.E., Fridley, Minnesota.) Anyone who desires to be heard with reference to this matter will be heard at this meeting. ROBERT A. MINISH CHAIRMAN BOARD OF APPEALS Application TOT a VeTlf-&D—fa—ny structute d said structure shall not be U for which a If icate to the use Dr occupancy used or occupied Until a Ce'rt issued; = Of Occupancy has been 110SUGd- .-jtO AVC3 SIHI nN AS 03+3r.,InS SV C 7 F Pv 3 7 7 30 A3Amns v ao ivid ID3MIJOD CNV anmi v 9j 3AC13V 3H1 -LVH-L A-41-LU33 A83M3H C - -332J-LS HISS ISV3 9196 1 ✓ C� /C' grwdv9NNlw J10 Ama JO X*Nvmrcdo As O89N331.1 vIO93NNIN 40 slvls 90 GMvI m30Nn 03m3.LSlD3v H0A3A&fns oNv-i NDSNDVr 00 8.d 9866 '10 OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE BOARD OF APPEALS TO WHOM IT MAY CONCERN: -46 NOTICE IS HEREBY GIVEN THAT the Board of Appeals of the City of Fridley will meet in the Council Chamber of the City Hall at 7:30 P.M. on Tuesday, April 24, 1973 to consider the following matter: A request for a variance of Section 45.053, 4, B4, Fridley City Code, to reduce the required side yard setback adjoining an attached garage from 5 feet to 1.2 feet to allow the construction of an addition onto an existing garage located on Lot 3, Block 1, Larry's lot Addition, the same being 1541 - 60th Avenue N.E., Fridley, Minnesota. (Request by Mr. James Allen, 1541 - 60th Avenue N,E., Fridley, Minnesota.) Anyone who desires to be heard with reference to this matter will be heard at this meeting. ROBERT A. MINISH CHAIRMAN BOARD OF APPEALS OR The Minutes of the Board of Appeals Meeting of April 24, 1973 Page 9 his copy of the survey, on the fourth day, he noticed the mistake in the side yards and pulled his crew off the job and came up to City Hall to talk to the Building Inspector. Mr. Johnson added the only thing they could do is to build the house to the north of this lot farther away from the adjoining lot line to acquire the required footage between structures. He said he plans to start the house on the adjoining lot within a week or two. Mr. Dick Harris, 6200 Riverview Terrace, stated he had no objections to the ,variance as long as the stipulations for the previous variances on this property would still be in effect. Chairman Drigans stated this variance would not alter the stipulations for the previous variances. He then read the Code concerning verifying surveys which stated the verifying survey showing the location of the foundation shall be required before the framing of the structure is begun. Mr. Johnson stated he was in error by not having the survey in his possession before they started framing but City Hall usually gets their copy of the survey in three days which in this case they did not. Mr. Crowder asked if on the dwelling to the north, would the garage side be toward this house. Mr. Johnson said they would rather put the living area on the south side because the two structures would then be farther apart, but they could do it that way if the Board requested it. Mr. Harju stated he felt the City should have a written agreement on the location of the dwelling to the north. Mrs. Wahlberg asked what the City's feeling was on this variance. Mr. Nordahl stated the City wanted the stipulation that the house to the north would be built farther from the adjoining lot line to insure the required footage between structures. MOTION by Wahlberg, seconded by Harju, to close the public hearing. Upon a voice vote, there being no nays, the motion carried. MOTION by Harju, seconded by Wahlberg, to recommend to Council approval of the side yard variance from 9 feet to 6.35 feet with the stipulations that Mr. Johnson supply the City with an agreement that the house to the north will have a side yard setback increased to a comparable amount to stay within Code and that all the stipulations for the previous variances should still be considered in effect. Upon a voice vote, there being no nays, the motion carried. 7. A REQ__jiUT FOR A VARIANCE OF SECTION 45.053, 4, B4, FRIDLEY CITY CODE, To REDUCE THE REQUIRED SIDE YARD SETBACK ADJOINING AN ATTACHED GARAGE FROM 5 FEET TO 1.2 ` ;FEET TO ALLOW THE CONSTRUCTION OF AN ADDITION ONTO AN EXISTING GARAGE LOCATED ON LOT 3, BLOCK 1. LARRY'S 1ST ADDITION, THE SAME BEING 1541 - 60th AVENUE N.E., FRIDLEY, MINNESOTA. (REQUEST BY MR. JAMES ALLEN, 1541 - 60TH AVENUE N.E., FRIDLEY. MINNESOTA.) . The Minutes of the $pard of Appeals Meeting of April 24, 1973 Page 10 1 Mr. Allen was present to present the request. A verifying survey was shown to the Board. Mr. Allen stated he would like to expand his present single garage from 14 feet wide to 20 feet wide. He said the present side yard is 7.2 feet and to add on he would need the variance. He added he sells real estate so he knows the double garage would increase the value of his home in the event he ever sells it. He stated he does not plan to Bell his home in the near future since he knows what it would cost him to build a comparable hoarse in Fridley. Mr. Allen said he plans to build the addition flush with the back of the house so he would end up with a 20 foot by 29 foot garage that would also be partly used for storage area. Mr. Harju asked how far the neighbors structure was from the lot line. Mr. Allen answered 10.2 feet. He added he could reduce his request by 1 foot and add on only 5 feet instead of 6 feet but he did not feel he could go any lower than that because he would want a 16 foot garage door. Chairman Drigans asked if there was anyone in the audience that would like to come forward. Mr. & Mrs. Rodger Sorsoleil, 1561 - 60th Avenue, neighbors to the east, said they objected to the variance as they were worried about the closeness to their home because of fire and the noise. Mr. Sorsoleil said he could under- stand Mr. Allen's wanting to have a double garage but the structures would be to close together. Chairman Drigans asked if putting a firewall in the garage would ease his mind any. Mr. Sorsoleil answered no because there would still be the noise. Mr. Crowder asked if Mr. Allen planned on any windows on the east side of the garage and Mr. Allen said he did not. Mr. Rickhoff, 1567 - 60th Avenue, stated he objected to the variance because if this variance is granted, he has a neighbor that would be able to build the same way. He said this variance would set a precedent as most of the people in the area have single garages and they would be coming in to ask for variances to build double garages. He added that he felt any structure that close should have fire protection. Mr. Bolich, 1580 - 60th Avenue, stated he was more opposed to the appearance change. The houses are to close together already. He said he moved out from the City to get away from that. Mr. Allen said he could be 5 feet from the line without a variance or a firewall. He said he will be required to put in a firewall and the cars in the garage won't make as much noise as they do outside. He said his double driveway goes almost up to the property line now so the cars won't be any closer than they have been. He said as far as other people in the area asking for variances, most of them don't have the side yards to build on even with a variance. Mr. Sorsoleil said that you can't maintain a garage with a 1 foot side yard. He said he added onto his garage but he stayed within the Code. The Minutes of the Board of Appeals Meeting of April 24, 1973 Page 11 Mr. Allen said he could reduce his request by 1 foot and with a 2 foot side yard he could maintain his garage. MOTION by Wahlberg, seconded by Harju, to close the public hearing. Upon a voice vote, there being no nays, the motion carried. Mr. Harju stated that the Board used to look hard at the reasons for variances and he felt some of the points that were brought up were the people had a single garage and wanted a double garage or they wanted more space. He said the Code states certain distances for privacy and safety, etc., and since there is concern by the neighbors about this request the Board might consider denial. Mrs. Wahlberg stated she felt the original house was built for the lot and when the applicant bought the house, he was aware that it only had a one car garage. She said it might be better to build toward the back of the lot instead of toward the side. Mr. Drigans stated he could see a hardship as it is a two car family and only room to house one and with ou climate it is almost a necessity to contain the cars in a garage in the winter. He said he has seen the same variance being granted where there were no objections. Mr. Crowder stated the neighbor to the east has expressed concern about the structure being 1.2 feet from the lot line and his comments were well taken. The applicant said he could live with a setback of 2.2 feet and Mr. Crowder felt he could be in favor of granting.the more palatable variance of 2.2 feet with the stipulation of a firewall. Mrs. Wahlberg stated the 2.2 feet would be better especially if the variance would create ill -wills a one foot side yard would just not be enough. MOTION by Harju, seconded by Crowder, to recommend to the Council approval of the variance to reduce the side yard setback from 5 feet to 2.2 feet with the following stipulations: 1. The wall to the east of the garage would have no openings. 2. Provide a firewall as determined by the Building Inspector. Upon a voice vote, there being no nays, the motion carried. CONTINUATION OF ITEM #1 MUTTON by Crowder, seconded by Wahlberg, to remove this item from table. Upon a voice vote, there being no nays, the motion carried. Chairman Drigans stated no one was present to present the request but the Board had received a letter from Mr. Wyman Smith who,is representing Mr. Max Saliterman the adjoining property owner. Chairman Drigans read the letter to the Board which stated that Mr. Saliterman " objects to the variance and Mr. Saliterman feels the Board of Appeals should not grant variances to persons who buy and purchase property -well knowing the limitations that exist within the ordinances and codes. MOTION by Crowder, seconded by Harju, to receive the letter from Mr. Smith. Upon a voice vote, there being no nays, the motion carried unanimously. There was a discussion on what was brought out at the last meeting on this request as Chairman Drigans had not been present. REGULAR COUNCIL MEETING OF MAY 7, 1973 PAGE 13 Councilman Nee asked if it would be possible for the staff to give the Council some information on the matter. He said perhaps it would be more desirable to place the buildings right next to each ut.her. He said the staff should outline information of the possibility. UPON A VOICE VOTE, all voting aye, Mayor Liebl declared the motion carried unanimously. A REQUEST FOR A VARIANCE OF SECTION 45.053 4B FRIDLEY CITY CODE TO REDUCE THE SIDE YARD SETBACK FROM 10 FEET TO 5 FEET, ON THE NORTH SIDE OF LOT 16, BLOCK 1, RIVER EDGE ADDITION, TO ALLOW THE ENCLOSURE OF AN ALREADY ROOFED BREEZEWAY, THE SAME BEING 140 RIVER EDGE WAY N. E. FRIDLEY MINNESOTA (REQUEST BY LARRY R. JOHNSON, 140 RIVER EDGE WAY N. E. FRIDLEY, MINNESOTA) MOTION by Councilman Nee to concur with the Board of Appeals and grant the - variance with the following stipulations: 1. the wall between the porch and the garage is to have the necessary fire rating, 2. the wall on the north side of the patio is to have no openings and contain the necessary fire rating. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. REQUEST FOR A VARIANCE OF SECTION 45.053 4B FRIDLEY CITY CODE TO REDUCE THE SIDE YARD SETBACK FROM 9 FEET TO 6.35 FEET ON THE NORTH SIDE_ OF LOT 3, BLOCK 3, AL ROSE ADDITION, TO ALLOW THE CONSTRUCTION OF A DWELLING, THE SAME BEING 6230 RIVERVIEW TERRACE N. E. FRIDLEY MINNESOTA EAST RIVER ROAD N. E._ FR MOTION by Councilman Nee to concur with the Board of Appeals and grant the variance with the stipulations that Mr. Johnson supply the City with an agreement that the house to the north will have a side yard setback increased to a comparable amount to stay.within the Code and that all the stipulations for the previous variances should still be considered in effect. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion.carried unanimously. p9 A REQUEST FOR A VARIANCE FOR SECTION 45.053 42 B4, FRIDLEY CITY CODE TO REDUCE THE REQUIRED SIDE YARD SETBACK ADJOINING AN ATTACHED GARAGE FROM 5 FEET TO 1.2 FEET TO ALLOW THE CONSTRUCTION OF AN ADDITION ONTO AN EXISTING GARAGE LOCATED FRIDLEY, MINNESOTA QZQUEST BY MR. JAMES ALLEN, 1541 -60th AVENUE N. E., FRIDLEY MINNESOTA) Mayor Liebl asked Mr. Clark to explain the overall consensus of the Board of Appeals and why they had recommended the Council grant the variance. Mr. Clark said the applicant had requested the Council grant a side yard setback from 5 to 1.2 feet to build an addition on the existing garage to make that garage 20 feet wide. He said the Board of Appeals had recommended the Council deny the 1.2 foot setback and approve a 2.2 setback. He said they stipulated the wall to the east of the garage would have no openings and proper firewalls as determined by the Building Inspector and would be provided. REGULAR COUNCIL MEETING OF MAY 7, 1973 PAGE 14 MOTION by Councilman Starwalt to receive the letter from Mr. Rodger L. Sorseleil opposing the approval of the variance dated May 2, 1973. Seconded by Councilman ;Vee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. Mayor Liebl called on Mr. Sorseleil to state his objections to the variance. Mr. Sorseleil said his objections were as listed in the letter. Mayor Liebl asked if the appearance hazard meant that the construction would block the view from his home. Mr. Sorseleil said he felt that if this variance was granted all other persons in the neighborhood would request the same thing and it would affect the appearance of the entire neighborhood. He said he had not added a full two car garage when he added on, he had only added a one and a half car garage. Mayor Liebl asked M°:. Clifford Rickhoff, 1567 -60th Avenue N. E., if he objected to the approval of the variance? Mr. Rickhoff said he was not opposed. Mayor Liebl asked Mr. Allen if the requested variance was absolutely necessary. Mr. Allen said this was the least he could go and still have a double door. Mr. Allen said he felt the double garage he was requesting would be safer than a tuck under garage. He said this would be several feet from the neighbors construction and would have a fire wall. He said he has two cars and they sit outside, there is a greater degree of danger with the cars outside and also a greater noise factor. Mayor Liebl asked if Mr. Allen had agreed to construct the fire wall. Mr. Allen said he had agreed. Mayor Liebl said he would comply with the stipulations if he were to construct the fire wall. Mayor Liebl asked Mr. Allen if the two and a half feet would be enough space to maintain the building? Mr. Allen said he planned to install aluminium siding on the garage. He said he intended to improve his property and increase the value of that property. He said he was aware that a house with a single garage was worth --considerably less than one with a double garage. MOTION by Councilman Starwalt to continue the item on the variance requeet by Mr. James Allen until next meeting May 14, 1973, Enabling him to go to the site and determine the effect of the proposed construction. Mayor Liebl said the members of the Board of Appeals had to look at the site. He said he felt that if Councilman Starwalt also felt he had to look at the site this was possible. UPON A VOICE VOTE, all voting aye, Mayor Liebl declared the motion carried unanimously. Councilman Breider said there would be many public hearings the following meeting and he suggested the continued items appear on the agenda before the Public Hearings so the people involved would not have to sit through another long meeting. The rest of the Council agreed. PUBLIC HEARING MEETING OF MAY 14, 1973 PAGE 2 MOTION by Councilman Breider that building permits be granted with the stipulation as outlined by the Building Standards Design Control Subcommittee and stating the applicant continue to work with the City on the development of the alley and submit a signed agreement to such work. Seconded by Councilman Utter. Upon a voice vote, Breider, Starwalt, Liebl and Utter voting aye, Nee voting nay, Mayor Liebl declared the motion carried. J( CONSIDERATION OF A VARIANCE REQUESTED BY JAMES ALLEN, 1541- 60th AVENUE N. E.': Councilman Starwalt said after going into the area and meeting with the area property owners he had found out there is considerable opposition to the approval of the variance. He said he thought the variance should be denied to separate the lot.lines. MOTION by Councilman Starwalt to deny the variance requested by James Allen Secoaded by Councilman Nee. Councilman Utter said he was aware that the construction would be close to the lot line, but he believed Mr. Allen should have a chance to improve his property. Councilman Breider said the Council had established a policy on variance matters and they only granted the variances when there were no objections from the area property owners. He said he would have to go along with Councilman Starwalt and suggest denial of the variance. UPON A VOICE VOTE ON THE MOTION, Breider, Starwalt and Nee voting aye, Utter and Liebl nay, Mayor Liebl declared the motion carried three to two and the motion carried for denial of the variance requested by Mr. James Allen. CONSIDERATION FOR A BUILDING PERMIT REQUEST BY BURLINGTON NORTHERN FOR LIGHTING THEIR CLASSIFICATION YARD: The City Engineer said all of the lights are in the center portion of the yard. He said the engineering Departmenthad some displays of the planned lighting. He pointed out the beams of the light represented by the yellow portion on the drawings saying they will all shine below the crest of the berm. He said there was a signed agreement that there shall be no lights shining directly towards private property. Councilman Breider asked how the lighting would affect the people in the area if it was shining half way up the berm. The City Engineer said it would not shine directly in . th,eir eyes, Councilman Starwalt asked the height of the towers. The City Engineer said there are eleven towers, two of them are 120 feet and the remainder are 100 feet. The City Engineer said there are 4 existing towers in Fridley that are 100 feet. MOTION by Councilman Nee to concur with the recommendations of the Building Standards -Design Control Subcommittee and approve the building permit with the stipulation that if any shield on a light becomes destroyed or inoperable, the light will'not,be used until a new shield is installed. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried. THE MINUTES OF THE PUBT,TC HEARING OF THE FRIDLEY CITY COUNCIL PAGE 1 MAY 14, 1973 The Public Hearing Meeting of the Fridley City Council was called to order at 7:39 p.m. May 14, 1973, by Mayor Liebl. PLEDGE OF ALLEGIANCE: Mayor Liebl led the Council and the Audience in saying the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Utter, Nee, Breider, Starwalt, Liebl. N{EMBERS ABSENT: None ADOPTION OF AGENDA: Mayor Liebl added the following item- �o the agenda: Proclamation - Poppy Day, 1973. Communication - Estimate from Brauer and Associates Telegram to Governor concerning House File 295. MOTION by Councilman Breider to adopt the agenda as amended. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. PROCLAMATION Mayor Liebl read aloud the proclamation proclaming Friday May 18, 1973, as Poppy Day as requested by the Fridley VFW Post 363. MOTION by Councilman Utter to approve Friday, May 18, 1973 as Poppy Day. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. ITEMS TABLED FROM MEETING OF MAY 7, 1973: MOTION by Councilman Breider to approve the variance at 7880 Main to reduce the front yard set back for off street parking from 20 feet to 13 feet, to reduce the rear yard set back from 25 feet to 24.5 feet and to reduce the side yard set back from 20 feet to 0 feet and for 7838 Elm approve the variance to reduce approve the variance to reduce the rear yard set back from 25 feet to 24.5 feet and the side yard set back from 20 feet to 0 feet. Seconded by Councilman Utter. Upon a voice vote, Breider, Starwalt, Liebl,and Utter voting aye, Nee voting nay, Mayor Liebl declared the motion carried.