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VAR 04.76-to Ati (City of Fridley AT THE TOP OF THE TWINS ----_� COMMUNITY DEVELOPMENT DIV. L - PROTECTIVE INSPECTION SEC. _ , � �---� CITY HALL FRIDLEY 55432 ----�� �•' 612-560-3450 SUdJkCi APPLICATION TO BOARD OF . APPEALS NUMBER 910-F23 REV. 1 DATE 3/21/75 PAGE OF 1 2 APPROVED BY 800 Name Address t' a �� A.-W'A Phone ?,4 M® � /-2 fl, A/4OA4.4 7 Legal Description Lot No. ��G Block No. Tract or Addn. ✓� Variance Request(s); including stated hardships (attach plat or survey of property showing building, variances, etc., where applicable) Date V-%� meeting Date Fed Receipt NO. Signature fgJ�p c•a+ Comments & Recommendations by the Board of Appeals City Council Action and bate ADMINISTRATIVE STAFF REPORT 40 - 621� Way N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENTS: Section 205.053, 4B, side yard setback of ten (10) feet. Public purpose served by this section is to maintain a minimum of 20 feet between living areas of adjoining structures and 15 feet between garage and living areas of adjoining structures to; 1. Reduce exposure to conflagration of fire between structures and, 2. To allow for open areas around residential structures to maintain aesthetically pleasing surroundings. B. STATED HARDSHIP: Family of 5 needs more room (bedrooms). C. ADMINISTRATIVE STAFF REVIEW: Staff measurements show 22 feet between the house and the neighbors garage to the east. The house appears to be 8 feet from the fence which is assumed as lot line (survey not available at this time). In that the neighbor to the east has no objection, staff would recommend granting the variance. 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. Submitted by; Ron Holden Building Inspection Officer April 27, 1976 r SUBJkCf Fv City of 1.46d1c"y APPLICATION TO BOARD OF APPEALS AT THE r, TOP OF THE TWINS � •1. COMMUNITY DEVELOPMENT DIV. (Staff Report) PROTECTIVE INSPECTION SEC. 1 � i CITY HALL FRIDLEY 55432 NUMBER REV. VALE PAGE OF APPROVED.BY 612-560-3450 - 910�F23 1 3/21/.5 2 2 800 Staff Comments Board members notified of meeting by 1 � 'LJ j ��� 122L List members, date notified, and "Yes" or "No" for plan to attend hearing. Plan Date To Attend Name C SFJ �5 " •� lis o % _.u Pio Pearson making appeal and the following property owners having property within 200 feet notified: By Whom Name Date Phone or Mail Notified v LL � /)Lc I c iJ�C� D �Y3 C�c - C - K" a �-i��6 2 i, ' - . � - G: � c� �.Lij iJJ m d L� Au r vc, f Lj2-,2 1, 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, April 27, 1976 to consider the following matter: A request for a variance of Section 205.052, 4B, Fridley City Code, to reduce the side yard setback from the required 10 feet to approximately 8 feet (no survey available at this time) to allow the addition of a second story onto an existing non -conforming structure located on Lots 5 and 6, Block 18, Fridley Park Addition, the same being 40 - 6231 Way N.E., Fridley, Minnesota. (Request by Mr. Raymond K. Humann, 40 - 621� Way N.E., Fridley, Minnesota 55432.) 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 APRIL 279 1976 MEMBERS PRESENT: Virginia Wahlberg, Alex Barna, Pat Gabel MEMBERS ABSENT: Dick Kemper, Jim Plemel OTHERS PRESENT: Ron Holden, Building Inspection Officer The meeting was called to order by Chairwoman Wahlberg at 7:35 p.m. MOTION by Mr. Barna, seconded by Mrs. Gabel, to approve the minutes of the April 13, 1976 meeting as written. Upon a voice vote, all voting aye, the motion carried unanimously. RECEIVE GUIDELINES ON 40 FOOT LOTS FROM CITY COUNCIL: Chairwoman Wahlberg stated that in addition to the minutes of the subcommissions on the 40 foot lots which were distributed at the last Appeals meeting, there is now available a list of tentative guidelines from the Planning Commission on substandard lots. She explained that the Planning Commission has passed these guidelines on to the City Council for their review, and at this point theCouncil has not yet come up with an affirmative plan. Mr. Holden said that this was discussed at the City Council meeting last night, and they concluded the Planning Commission guidelines were good points to consider. He added that the Council suggested they should be considered on an individual basis, with review and final approval to be by the Council. Chair- woman Wahlberg said that all the subcommittees felt the city should go along with building on 40' lots, but there were stipulations they felt should be adhered to. TENTATIVE GUIDELINES FROM THE PLANNING COMMISSION Oil SUBSTANDARD LOTS: 1. The Planning Commission feels that it was consistent with the Comprehensive Housing Plan that sub -standard lots should be developed in Fridley, but each sub -standard lot should be con- sidered separately. 2. That there be no variance allowed'from the present ordinance allowing a maximum of 25% lot coverage. (For example, on a 5200 square foot lot, which would require a variance for lot size, only 1000 square feet of the lot could be covered by the house and garage.) 3. If there is land available on either side of lot a-standart a -r , d lot every effort should be ma topurchase market price by the petitioner, so the lot size would be consistent FRIDLEY*APPEALS COMMISSION MEETING OF APRIL 27, 1976 - PAGE 2 with the existing building sites in the area. If. the petitioner refuses to try and negotiate for additional vacant land, consideration should be given to denying the variance. All deni4ls have to be based on good, sound considerations. 4. That the owner/builder make as much of an effort as possible to meet the existing codes. 5. That the house being built on a sub -standard lot blend in as aesthetically as possible with the existing houses in the neighborhood, realizing that a new home cannot always blend into an old neighborhood. STAFF'S COMMENTS: a. Statement of hardship must include statement regarding length of ownership which would give indication if property was owned for a number of years, or recently acquired with the intention of speculating on development of a 40 foot lot. b.. All variances associated with the development of 40 foot lots would require final approval by the City Council. MOTION by Mr..Barna, seconded by Mrs. Gabel, to accept the tentative guidelines from the Planning Commission on substandard lots. Upon a voice vote, all voting aye, the motion carried unanimously. Mr. Barna suggested that a 5200 square foot lot with a decent size house shouldn't require a garage, but Chairwoman Wahlberg stated it wasn't this Commission's prerogative to change that stipulation. She said that would have to go through the Planning Commission. Mr. Holden said he wanted to bring up that the City Council discussed and endorsed the idea that the Appeals Commission try to substantiate with facts any findings on the forty foot lots. Chairwoman Wahlberg stated that she was slightly disappointed that the guidelines weren't stronger. She said that most of the subcommissions seem to be pretty consistent on their feelings on this, and she hoped they could act in the best interest of the city in the future. 1. A REQUEST FOR VARIANCES OF THE FRIDLEY CITY CODE AS FOLLOWS: SECTION 205.0531 1B, TO REDUCE THE LOT AREA REQUIRED, FOR A LOT RECORDED BEFORE DECEMBER 29, 1955, FROM 7500 SQUARE FEET TO 5218 SQUARE FEET, AND, SECTION 205.0539 2B, TO REDUCE THE LOT WIDTH REQUIRED, FOR A LOT RECORDED BEFORE DECEMBER 299 1955, FROM 50 FEET TO 40 FEET, AND SECTION 205.053, 39 TO INCREASE THE MAXIMUM LOT COVERAGE BY THE MAIN BUILDING AND ALL ACCESSORY BUILDINGS FROM 25 PERCENT TO 27.8 PERCENT, AND, SECTION 205.053, 4B, TO REDUCE THE SIDE YARD ADJOINING LIVING AREA FROM THE REQUIRED 10 FEET TO 5 FEET, AND FRIDLEY APPEALS COMMISSION MEETING OF APRIL 27, 1976 PAGE 3 SECTION 205.053, 4B, 5b, TO REDUCE THE SETBACK FOR AN ATTACHED GARAGE WHICH OPENS ONTO THE SIDE STREET OF A CORNER LOT, FROM THE REQUIRED 25 FEET TO 13 FEET, AND SECTION 205.053, 4B, 5a, TO REDUCE THE SIDE YARD SETBACK FROM THE SIDE STREET OF A CORNER IAT FROM 17.5 FEET TO 11 FEET, ALL TO ALLOW THE CONSTRUCTION OF A HOUSE AND ATTACHED GARAGE TO BE LOCATED ON LOT 159 BLOCK 39 PLYMOUTH ADDITION, THE SAME BEING 11800 - 212 STREET N.E., FRIDLEY, MINNESOTA. (REQUEST BY MR. DENIS L. VILLELLA, 7651 CENTRAL AVENUE N.E., FRIDLEY, MN. 55132) MOTION by Mrs. Gabel, seconded by Mr. Barna, to remove this item from the table. Upon a voice vote, all voting aye, the motion carried unanimously. MOTION by Mrs. Gabel, seconded by Mr. Barna, to open the public hearing. Upon a voice vote, all voting aye, the motion carried unanimously. Mr. Villella was at the meeting to present his request, and a neighboring land owner, Mr. C. L. Popp of 4762 212 Street N.E., Fridley, was also present. Mr. Villella showed to the Commission photographs of the lot and a house plan. Chairwoman Wahlberg reviewed the request item by item, and Mr. Villella said that number 5, to reduce the setback for an attached garage, was no longer a request Chairwoman Wahlberg said it still fell short of minimum lot size, and in addition to the eleven foot setback from the lot line there was a twelve foot boulevard easement which the city owned. Mr. Popp asked Mr. Villella if he was still over the 25% lot coverage, and Mr. Villella replied he could cut the house down to 960 feet, for a total of 1400 square feet including the garage. Chairwoman Wahlberg told Mr: Villella the maximum he would be allowed was 1303 square feet, and suggested an alternative of building a single -car garage instead of a double garage. Mr. Barna suggested using a different house design; either a two story or a story and a half. Chairwoman Wahlberg reviewed the guideline which states there be no variance allowed from the present ordinance of 25% lot coverage. She said this appeared to be very consisent among three subcommissions, the Planning Commission and the City Council: She told Mr. Villella that unless he could come up with an alternate -plan which would reduce the coverage, the Commission would not be allowed to approve it. She explained that with fewer lots in the city to build on, there will be people wanting to build on these 1101 lots, and there was no objection to building on these lots if they meet existing building codes. Mrs. Wahlberg said this would provide scattered mixed housing throughout the city, which fits in with the Comprehensive Housing Plan to encourage lower-cost housing. Mr. Popp stated he did not want this to be allowed. He felt it would not blend in with the neighborhood, and also was concerned that a house that close to the street might be a safety hazard. He also felt his view might be impaired. FRIDLEY APPEALS COMMISSION MEETING OF APRIL 27, 1976 - PAGE 4 Mr. Villella said that he could make the house 960 square feet with a one -car garage, -and there should be no problem. Chairwoman Wahlberg said it was her understanding that the adjacent land owner had no objection to building on this property, and'Mr. Villella said that was correct. He said he had a new house plan in mind that would be 24' % 40' with a single -car garage, and would be either a front split or side split. Chairwoman Wahlberg pointed.out that he would still require the two side yard setback variances and the 40' lot variance. She said that if he was willing to change the garage entrance from the side street to curve around, that variance could be eliminated. Mr. Barna asked Mr. Popp if he would have any objections if the house was smaller and he could be assured it wouldn't obstruct his view, and Mr. Popp replied he wouldn't if Mr. Villella would change the plans. Chairwoman Wahlberg asked Mr. Holden if he thought the Board should approve the house plan, and he replied that he would recommend that the house plan be submitted.to the City Council. MOTION by Mr. Barna, seconded by Mrs. Gabel, to close the public hearing. Upon a voice vote, all voting aye, the motion carried unanimously. Mrs. Gabel said she didn't think she could object to this since Mr. Villella was willing to work within the guidelines, and this plan fit into the Compre- hensive Housing Plan. She also felt it would bring up the value of existing homes. Chairwoman Wahlberg said that in addition to his willingness to work with the 25% coverage, another point to be made is that there is really no land available to add to this lot to bring it up to code. MOTION by Mrs..Gabel, seconded by Mr. Barna, to approve the requests for variances 11 2, 4 and 6, and deny the requests for variances 3 and 5, noting that the developer has agreed to this. Upon a voice vote, all voting aye, the motion carried unanimously. Chairwoman Wahlberg thanked Mr. Villella for his patience with the city in determining this, and said she would make an effort to help him get on the City Council agenda for next Monday. Mr. Holden told Mr. Villella that the city wanted to inform him that it may be necessary that this 40' lot and others be charged an additional sewer and water assessment, as these lots were not assessed as buildable sites. 2. 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 25 FEET, TO ALLOW THE CONSTRUCTION OF A HOUSE AND GARAGE TO BE LOCATED ON LOT 3, BLOCK 11 HEATHER HILLS 2ND ADDITION, THE SAME BEING 1411 KERRY CIRCLE N.E., FRIDLEY, MINNESOTA. (REQUEST BY MR. MIKE O'BANNON, 5298 FILLMORE STREET N.E., FRIDLEY, MINNESOTA 55421.) FRIDLEY APPEALS COMMISSION MEETING OF APRIL 27, 1976 - PAGE 5 MOTION by Mr. Barna, seconded by Mrs. Gabel, to open the public hearing. Upon a voice vote, all voting aye, the motion carried unanimously. Mr. O'Bannon stepped forward to present his proposal. 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 consideration of the neighborhood to reduce the "building line of sight" encroachment into the neighbor's front yard. B. STATED HARDS!IIP: Because the house is on the first lot of the cul-de-sac it will be located behind the house on Lot #2 to the east. C. ADMINISTRATIVE STAFF REVIEW: The actual curbing in this particular cul-de-sac right of way was shifted to the north in order to allow for a buildable site on Lot 6 across the street. Staff feels that if the petitioner is able to maintain approximately the same distance between the curbing and the house setback that they would have no objection to the variance. Staff recommends that in as much as the lot to the east is undeveloped, a. house could be placed on the neighboring lot which would not restrict the view of the petitioner. MOTION by Mr. Barna, seconded by Mrs. Gabel, to accept the Administrative Report. Upon a voice vote, all voting aye, the motion carried unanimously. Mr. O'Bannon stated that he was the developer of the Kerry Circle area, and showed the Board a photograph of the lot and a map of the lots on the cul-de-sac. He said he was asking to move the house up so it would be a little more in line with the other houses and still put two cars in the driveway. Mr. Barna said he was out to the area today and felt there was approximately 25 feet from the curb to garage. Mr. O'Bannon said'he thought it was more like 35 - 40 feet. .Chairwoman Wahlberg asked if the land sloped away in the back, and Mr. O'Bannon replied it did not, only about three feet at the most. She asked if the basic reason for moving the house forward was continuity with the rest of the houses, and Mr. O'Bannon said it was. MOTION by Mr. Barna, seconded by Mrs. Gabel, to close the public hearing. Upon a voice vote, all voting aye, the motion carried unanimously. Chairwoman Wahlberg asked Mr. Holden if a normal 35 foot setback would restrict the neighbor's view. Mr. Holden replied it would be possible for them to set a house back far enough. He stated that in respect to Lot #6 which had been moved in closer, staff felt it could be kept the same distance (house to curb) FRIDLEY APPEALS COMMISSION MEETING OF APRIL 27, 1976 a PAGE 6 and felt there really wouldn't be much of a problem in maintaining a site line for both the houses. He said it :would be possible to build the house at 35', but the back yard would be upset. He added that he thought -the request for variance was reasonable. Chairwoman Wahlberg asked if when the staff discussed the existing Lot #6 the street circle was the circumference that was originally planned, and Mr. Holden replied that assuming the survey of the house to be correct, either the street had not shifted as far north as was expected or the radius has changed. Chairwoman Wahlberg said that because of the shape of the lot and the aesthetics involved, she felt it would need a variance of some sort. MOTION by Mr. Barna, seconded by Mrs. Gabel, to grant the variance as stated. 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, 4B, TO REDUCE THE SIDE YARD SETBACK FROM THE REQUIRED 10 FEET TO 6 FEET, TO ALLOW THE CONSTRUCTION OF A HOUSE AND GARAGE TO BE LOCATED ON IAT 12 BLACK 35 AL ROSE ADDITION, THE SAME BEING 6270 RIVERVIEW TERRACE N.E., FRIDLEY., MINNESOTA. (REQUEST BY MR. A. C. MATTSON, 189 RIVER EDGE WAY N.E., FRIDLEY, MINNESOTA 55432 MOTION by Mr. Barna, seconded by Mrs. Gabel, to open the public hearing. Upon a voice vote, all voting aye, the motion carried unanimously. Mr. Mattson approached the Board, along with Mr. and Mrs. LeRoy Winner, owners of the lot to the south. ADMINISTRATIVE STAFF REPORT A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.053, 4B, side yard setback of 10 feet. Public purpose served by this section is to maintain a minimum of 20 feet between living areas in adjoining structures and 15 feet between garages and living areas in adjoining structures to; 1. Reduce exposure to conflagration of fire between structures and, 2. To allow for open areas around residential structures to maintain aesthetically pleasing surroundings. B. STATE HARDSHIP: Lot is not wide enough for proposed house plan. C. ADMINISTRATIVE STAFF REVIEW: The survey submitted with the proposed house drawn to scale on it shows only 6 feet of clearance to the north lot line and 5 feet of clearance to the south lot line. The 5 foot setback to the garage is within City Code. The distance from the proposed house to the existing garage on adjoining property would be approximately 16 feet. Due to the fact that there is adequate lot width and depth, the staff feels that a house could be designed to fit the side yard setbacks of the City Code. MOTION by Mr.°Barna, seconded by Mrs. Gabel, to receive the Administrative Staff Report. Upon a voice vote, all voting aye, the motion carried unanimously. FRIDLEY APPEALS COMMISSION MEETING OF APRIL 27, 1976 - PAGE 7 Mr. Mattson showed th6 Commission photographs of the lot, his proposed house plan and the survey of the lot. He explained when he bought the property he was told it was 89 feet wide, and learned later that it was 79 feet wide. He said the house he wanted to build was too big for the lot, so he cut down the size of the garage. He stated he would still have the same distance between the two homes that is normally between houses, but he still needs a 4 foot variance on one side. He added that he had already sold his home at 189 River Edge Way and had to move into a one -bedroom apartment until his new home was ready. Mrs. Winner stated her concern that light would be cut off from her kitchen window when Mr. Mattson's garage was built. Mr. Mattson explained that his garage would be 5' in front of their garage, so it wouldn't affect them at all; however, looking out to the street they would see the back of the garage. He explained there would be a storage space under his garage since diminishing the size of the garage had eliminated room for storage. They had no further objections. Mr. Mattson said he had discovered the lot size when he applied for the perrrt, and didn't want to change the house size as he didn't know where to cut off 4 feet. Chairwoman Wahlberg suggested a different house plan, but Mr. Mattson explained the reason they sold their house and bought this property was because they really wanted this plan. He said they had already invested $20,000 in the lot, and a lot of time and effort had gone into designing this house. He stated if he couldn't get the variance he would consider putting a garage on each side of the house. Chairwoman Wahlberg said that the lot was buildable and any house could be built on it that meets code, and this plan didn't. She said the Commission did not necessarily make a habit of approving variances without the petitioner considering any alternatives. Mr. Barna added that two side yard setbacks are required; on one side may be a garage and the other side must be living space, so Mr. Mattsorr wouldn't be able to build a garage on both sides. He suggested to Mr. Mattson that he either cut down the garage or consider another house plan. Chairwoman Wahlberg. stated that the basic idea was to allow 20 feet between living areas in adjoining structures and 15 feet between garages and living areas in adjoining structures because of fire hazards. She added that her main concern was the fact that a 79' lot is buildable without variances, and there are floor Plans that would fit. Mr. Mattson answered that his home would be no closer than those in the rest of Fridley and wouldn't be a fire hazard because he still had the 16 feet, and he added that his neighbors didn't object. MOTION by Mr. Barna, seconded by Mrs. Gabel, to close the public hearing. Upon .a voice vote, all voting aye, the motion carried unanimously. Chairwoman Wahlberg stated the Staff Report suggests that perhaps an alternate building plan could be drawn which would meet the City Code, however, the petitioner stated he feels he has had this plan for some time and was unaware the lot was actually 10 feet smaller that what he originally thought it to be, and he feels he has a considerable amount of money invested in the lot and the plan and would 'like to build as proposed. FRIDLEY APPEALS COMMISSION MEETING OF APRIL 279 1976 - PAGE 8 Mrs. Gabel said she had two feelings on the matter: 1) She didn't like it because the lot is definitely buildable and there are plans that would fit on this lot, and 2) She stated if she had $20,000 invested in it, had the plan for some time, and originally believed the lot was larger, she would want the right to build, too. Mr. Mattson suggested he build a one -car garage, but Chairwoman Wahlberg said she didn't feel that would be the solution as with that price -range house there should be a double garage. Chairwoman Wahlberg asked Mr. Holden if the staff was aware of the amount of time the plans had been considered or that the original owner misrepresented the size of the lot when they wrote the Administrative Report. Mr. Holden replied that the misrepresented size had been considered, but not the amount of time and money that had already been invested in it. MOTION by Mr. Barna, seconded by Mrs. Gabel, to grant the variance, taking into consideration the placement of the garage. Chairwoman Wahlberg stated that from a philosophical standpoint they had a problem before the Board which was difficult to solve, and she appreciated the petitioner's particular problems in discovering the lot was less than he anticipated it was. However, she said, this has come up in the past and the Commission has encouraged petitioners to go back to the drawing board and try to meet the code,.because it has been written as a protection for all citizens. She added that since the lot would be buildable with any other plan, it is unfortunate the petitioner does not feel he could change his plans. Upon a voice vote, Mrs. Gabel and Mr. Barna voting aye, Chairwoman Wahlberg voting nay, the motion carried 2 - 1. Mrs. Wahlberg informed Mr. Mattson that this would now go before the City Council for review on May 17th. 4. A REQUEST FOR A VARIANCE OF THE FRIDLEY SIGN ORDINANCE AS FOLLOWS: SECTION 214.053, 7, TO REDUCE THE SETBACK FOR A SIGN FROM A PROPERTY LINE, FROM THE REQUIRED 10 FEET TO 7 FEET, TO ALLOW THE ERECTION OF A FREE STANDING SIGN TO BE LOCATED ON LOTS 2 AND 3, BLOCK 1, LAMPERTS ADDITION, THE SAME BEING 1040 OSBORNE ROAD N..E., FRIDLEY, MINNESOTA. (REQUEST BY FRIDLEY V.F.W. POST' #363, 1040 OSBORNED ROAD N.E., FRIDLEY, MN. 55432.) MOTION by Mr. Barna, seconded by Mrs. Gabel, to open the public hearing. Upon a voice vote, all voting aye, the motion carried unanimously. Mr. Dick Mac hinski approached the Board as a representative of the V.F.W. ADMINISTRATIVE STAFF REPORT A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 214.0539 7, "No part of a sign shall be within ten (10) feet of any property line". B. STATED HARDSHIP: By pushing sign back the 10 feet, it would limit parking needed. 'The existing structure setback limits available room for driveway area width and parking stalls which are required for the building. FRIDLEY APPEALS COMMISSION MEETING OF APRIL 279 1976 - PAGE 9 C. ADMINISTRATIVE STAFF REVIEW: Staff measurements show the building to be setback 53 feet from the front lot line and 40 feet from a proposed landscape island. This 40 foot area is needed to supply.adequate parking for the building. If the sign is moved back to the 10 foot setback point, a total of possibly 4 parking stalls would have to.be eliminated to maintain adequate driving width between the sign and the parking stalls. Building the sign with the seven (7) foot setback leaves only 2 feet from the brick sign base to the curbing in the parking area. Staff feels that the sign should not be moved back closer to the curb than the two feet, as this creates a driving hazard. In as much as there are not any similar signs in the area and the sign will be setback approximately 18 feet from*the street side curb, staff has no objection to this variance being granted. MOTION by Mrs. Gabel, seconded by Mr. Barna, to receive the Administrative Staff Report. Upon a voice vote, all voting aye, the motion carried unanimously. Mr. Mochinski stated he wished to erect a brick wall with aluminum letters saying ItV.F.W. POST 363", which would be illuminated during certain hours. Chairwoman Wahlberg informed the Board that this was part of the up -grading that came through some time ago. She said that in addition to this sign, on the front of the building there is the V.F.W. sign also. She asked Mr. Mochinski if he felt the sign would be pVone to damage, especially since there was a school nearby, and he said that was why they chose cast -aluminum letters. Mrs. Gabel said she wondered ii this advertising was necessary, and Mr. Mochinski said the V.F.W. wanted to identify Post 363. He said they had a choice of several things, but felt the brick wall would help clean up the area. He stated he was trying to keep both the V.F.W. and the city happy, and showed the Commission where the green areas would be on the diagram. Mr. Barna questioned what would be done with the snow that is piled up in back, and Mr. Mochinski said the V.F.W. would pay for snow removal to haul it out. MOTION by Mr. Barna, seconded by Mrs. Gabel, to close the public hearing. Upon a voice vote, all voting aye, the motion carried unanimously. Mrs. Gabel said she was glad they were cleaning up the area, and since this appeared to be a pleasing sign and conforms to code, she wouldn't have any objection. MOTION by Mr. Barna, seconded by Mrs. Gabel, to grant the variance. Upon a voice vote, all voting aye, the motion carried unanimously. Chairwoman Wahlberg informed Mr. Mochinski that this would now go before the City Council on May 17th. 5. A REQUEST FOR A VARIANCE OF THE FRIDLEY CITY CODE AS FOLLOWS: SECTION 205.052, 4B, TO REDUCE THE SIDE YARD SETBACK FROM THE REQUIRED 10 FEET TO APPROXIMATELY 8 FEET (NO SURVEY AVAILABLE AT THIS TIME) TO ALLOW THE ADDITION FRIDLEY APPEALS COMMISSION MEETING OF APRIL 27, 1976 - PAGE 10 OF A SECOND STORY ONTO AN EXISTING NON -CONFORMING STRUCTURE LOCATED ON LOT 5 AND 6, BLACK 18, FRIDLEY PARK ADDITION, THE SAME BEING 40 - 6211, WAY N.E., FRIDLEY, MINNESOTA. (REQUEST BY MR. RAYMOND K. HUMANN, 40 - 6211 WAY N.E., FRIDLEY,-MINNESOTA 55432.) MOTION by Mr. Barna, seconded by Mrs. Gabel, to open the public hearing. Upon a voice vote, all voting aye, the motion carried unanimously. Mr. Humann approached the Board to present his request, and showed them photographs of the house and lot and a survey of the lot. ADMINISTRATIVE STAFF REPORT A. PUBLIC PURPOSE SERVED BY REQUIREMENTS: Section 205.053, 4B, side yard setback of ten (10) feet. Public purpose served by this section is to maintain a minimum of 20 feet between living areas of adjoining structures and 15 feet between garage and living areas of adjoining structures to; 1. Reduce exposure to conflagration of fire between structures and, 2. To allow for open areas around residentail structures to maintain aesthetically pleasing surroundings. B. STATED HARDSHIP: Family of 5 needs more room (bedrooms). C. ADMINISTRATIVE STAFF REVIEW: Staff measurements show 22 feet between the house and the neighbors garage to the east. The house appears to be 8 feet from the fence which is assumed as lot line (survey not available at this time). In that the neighbor to the east has no objection, staff would recommend granting the variance. Mr. Barna said he questioned why this was a non -conforming structure, and Mr. Humann explained because the lot line on one side was 8 feet. Mr. Humann stated he would have to remove the whole roof section to do what he wanted to, and would have the dormer section towards the front of the house. He said he would only be expanding.up, not out, and had no intention of putting an overhang on the house. He added that he'now had -two bedrooms with three boys, and one was sleeping in the basement. The upstairs would contain two bedrooms; a 12 X 12' for two of the boys, and a 10 X 181 for the master bedroom. He explained that it would look like'a two-story house from the front, and would look the same in the rear. Chairwoman Wahlberg noted that Bernetta Jensen of 30 - 60g Way, N.E. had signed an agreement of approval. MOTION by Mr. Barna, seconded by Mrs. Gabel, to close the public hearing. Upon a voice vote, all voting aye, the motion carried unanimously. Mr. Barna stated that there seemed to be enough room between the two houses, and he felt the only problem was the unknown lot line, but he had no objections. Chairwoman Wahlberg said that the new survey seemed to confirm the lot line, going by the fence. MOTION by Mrs. Gabel, seconded by Mr. Barna, to approve the variance request, with the understanding that the existing structure be included in the variance. Upon a voice vote, all voting aye, the motion carried unanimously. 'FRIDLEY APPEALS COMMISSION MEETING OF APRIL 27, 1976 - PAGE 11 ITEMS FOR DISCUSSION FROM THE PLANNING COMMISSION: Chairwoman Wahlberg informed the members that the Community Development Commission was going to set up a Sign Ordinance Project Committee, and when the concept first came before the Commission she suggested that a member of the Appeals Commission should perhaps serve on that oommittee because of the fact that the Board of Appeals has gone through a lot of the sign ordinances in the past year or so. She explained what they intended to do was have several citizens serve on the committee along with members from the business community, Chamber of Commerce, League of Women Voters, people from the sign companies, etc., to try to get feelings from various perspectives as to what our sign ordinances should be. Mrs. Gabel volunteered to serve on that committee, and Chairwoman Wahlberg said she would submit her. name. Chairwoman Wahlberg told the Commission that the Youth Project Committee had been heard from again. She said this item had been tabled, but the Committee had gone back and reworked their proposal and went before the Human Resources Commission with their final Teen Center Proposal. Mrs. Wahlberg read aloud the following proposal of the Youth Project Committee: WHEREAS,, over 43% of Fridley's population is under 18, and WHEREAS, Fridley does not have a center for its youth, and WHEREAS, our survey shows that most of Fridley's youths want a teen center.. We the members of the Fridley Youth Project Committee recommend that a temporary youth center be established in the Fridley Civic Center. We prefer that it be located in the room presently occupied by the Parks and Recreation Department. However, if this is not feasible, our second choice is the room that was formerly occupied by the library. This youth center should have a temporary board of directors consisting of six regular members and two ex -officio members. Regular members shall be appointed by the following groups: one by the Fridley City Council; one by the Fridley Planning Commission; one by the Fridley Human Resources Commission; and two by the Fridley Youth Project Committee. One ex -officio member shall be appointed by the Fridley City Council and one by the Fridley Police Department. The temporary board of directors should serve for not more than 30 days during which time they will write the charter, establish the interim rules for the youth center and facilitate the election for regular members to the permanent board. The appointed ex -officio members will also serve on the permanent board. Administratively, the youth center will be under the auspices of the Parks and Recreation Department who will assign staff to supervise and carry out the guidelines established by the board of directors. Chairwoman Wahlberg said the Human Resources Commission approved the resolution and asked the City through the Planning Commission to bring the Youth Center under the auspices of the Parks and Recreation Department. FRIDLEY APPEALS COMMISSION MEETING OF APRIL 27, 1976 - PAGE 12 Chairwoman Wahlberg said that another item that came up at the end of the Planning Commission meeting was the Goals and Objectives of the Parks and Recreation Department, which is being called Human Development. She stated there were five goal areas that the city would consider, and most of them were approved in concept but it was felt some of them could be incorporated together. Mr. Barna stated he would like to discuss the code requiring garages for new structures. He said he felt the energies required to build the garage and heat it were going against the environmental standards. He suggested a carport could serve the purpose as well. Mrs. Gabel said it would be nice for the homes to have more living space, but she felt there would come a time when the owner would request a variance to build a garage since he .iight have two cars, a need for storage space, etc. Chairwoman Wahlberg said she did not agree with Mr. Barna's statement because she didn't think most garages were heated, and she said the argument from an environmental standpoint didn't hold because the additional part of the home would need just as much resource and energy. She added that she thought visual pollution would be created by carports because the storage space would be exposed. Chairwoman Wahlberg brought to the Board's attention page 205-10, numbers 3) and 4) at the top of the page in the City of Fridley's Zoning Ordinance, and asked - Mr. Holden if he could have someone clarify the difference between a single family dwelling unit of a split level design and a two story dwelling unit of split entry design for the next meeting. Air. Holden suggested if there were three entries; split level, split entry and split foyer, it would be easier to categorize. Chairwoman Wahlberg said she had heard that some time in the future all the zoning ordinances would be reviewed and updated, and possibly rewriten. ADJOURNMENT: Chairwoman Wahlberg adjourned the meeting of the Appeals Commission at 10:46 p.m. Respectfully submitted, Sherri, O'Donnell Recording Secretary AGREEMENT I, : owner of the property located at ®- (o �.'�yY ay have no objection to the. City allowing the construction of a .��% ' to be located at .� without the required certificate of survey that the City ordinarily requires for all new construction. Signature. 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At10 i no SCCEG i pov.Ps Ever; sleeping room shall have at least one s Z window with a sill he;ght of not more than t Q 48"above the floor and shall provide not a less than 5 sq. fc of openakO area ditdrrs on less Bron 2Y: • A � �. t � J i l icy �I� t t� 1� vviHOow '� o o � i •.c v i FIRE WARNING SYSTEM Provide approved products of combustion detector other than i heat in all d aiiing units as required in section 1413 of 1973 Uniform Building Code t n i , N It Cl byv i