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VAR 06.85= CITY OF FRIDLEY. COMMISSION APPLICATION MINNESOTA REVIEW iww vrao@ _ Iy�re,roe er Planning 45 PILE NO, ADONCSE variance PRE OATS CONAPLIETE REVIEW CMECKLINT 70-62if Way: increase encroa - 6-17-85 RETURN TO PLANNING ent into front yard of an OUR DATE 1 sedve COMMENTS JIM PHIL J'al immEm FFIA • !-,?Leon 6-1� 11 STATE OF MINNESOTA APPEALS COMMISSION PROCEEDINGS CITY OF FRIDLEY 685896 In the Matter of a variance request located on Lots 8 and 9, Block 18, Fridley Park, the same being VARIANCE 70 - 62 1/2 Way N.E. John L. Klingman , Owner The above entitled matter came before the Appeals Commission of the City of Fridley and was heard on on the 9th day of Jul , 1985 , on a petition for a variance pursuant to the ity of Fridle s oning r mance Tor the following described property: To increase the allowable encroachment into the front yard of an enclosed vestibule from five feet to eight feet on Lots 8 and 9, Block 18, Fridley Park, the same being 70 - 62 1/2 Way N.E. IT IS ORDERED that a variance be granted as upon the following conditions or reasons: See Appeals minutes of July 9, 1985. 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 at the City of Fridley, Minnesota, in the County of Anoka on the day of g0�7i 19 DRAFTED BY: City of Fridley:�;� ! l 6431 University Avenue N.E. Q-1 Fridley, MN 55432 SIDNEY C. IIAN, CITY CLERK Variances are valid for a period of one year following approval and shalt be. N per. considered void if not used within that period., APPEALS COMMISSION MEETING, JULY 9, 1985 PACE 4 Mr. Keefe stated that if there were any costs involved, he woul ve to have more specific information before he could agree to this s ation. Ms. Gabel stated the Appeals Commission was n e to address that question specifically. They did not know the cir antes concerning Mr. Determan's situation. She stated Staff could ck into this and have the matter addressed at the City Council meeting. UPON A VOICE VO T L VOTING AYE, CHAIRPERSON GABEL DECLARED THE MOTION CARRIED UN OUSLY. .. Gabel stated this item would go to City Council on August 5. 2. VARIA14CE RE UEST PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY CODE TO INCREASE 7RE-ALLUWABLE ENCROACHMENT INT -0 THE FRONT YARD UF AN ENCLOSED VESUBULE RM b FEET TO 8 FEET ON LOTS 8 AND 9. BLOCK 18, FRI-DL-EY PARK, nE SAME BEI 7U - 621i WAYequest y John L. Klingman, - ,2 ay . , ri ey, n. MOTION BY MR. BETZOLD, SECONDED BY lit. BARNA, TO OPEN THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC HEARING OPEN AT 7:51 P.M. Chairperson Gabel read the Administrative Staff Report: ADMINISTRATIVE STAFF REPORT 70 - 62 1/2 Way N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.04.6a.4 requires that on existing structures, vestibules may extend not more than five (5) feet into the required front yards provided they are only one (1) story and do not exceed fifty (50) square feet. Public purpose served by this requirement is to lessen the encroachment into the neighbors' front yard "line of sight" and to allow for aesthetically pleasing open areas around residential structures. B.- STATED HARDSHIP: "I am putting a basement under the existing home which is only 20 feet wide and makes it too narrow to make a good and safe entrance to the house and basement. The stair well would have to extend into the living room if only a 10' by 5' entranceway is constructed and would not give me room for steps. I would like to build a 8' by 10' foyer on the front of my house to allow room to place the stair system outside my existing house." APPEALS COMMISSION MEETING, JULY 9, 1985 PAGE 5 C. ADMINISTRATIVE STAFF REVIEW: The code allows for a 5 foot vestibule; the petitioner would like an 8 foot vestibule in order to also incorporate a stairway. If the Board approves this request, the staff has no stipulations to suggest. Mr. Robinson stated that with the variance, the vestibule would extend into the front yard 8 ft. instead of 5 ft. He stated there was 48 ft. to the curb; subtracting the right of way and vestibule,it would leave a setback of 25 ft. from the foyer to the right of way line. He stated Staff had no stipulations or requirements to suggest, and the hardship seemed well stated. Mr. Nlingman stated he wanted to put a basemc nt under his house and have the whole house raised 4 ft., so the vestibule he would like to add on would come in at ground level, go up half a flight and then over and down a half a flight to the basement. Even at 8 ft, it will be crowded, but at 5 ft., there was no way he would be able to get steps going up and down and still make the corner. MOTION BY MR. BARNA, SECONDED BY MR. BETZOLD, TO CLOSE THE PUBLIC HEAR11G UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC HEARING CLOSED AT 7:59 P.M. Mr. Barna stated he had no real problem with the additional 3 ft. into the front yard. He did not think it would harm any neighbor's line of sight. As far as the hardship, there was definitely a hardship with the amount of space that would be available for a stairwell. As far as losing the space inside the house, the house was not that large anyway, and this would give him a large airlocked-type entryway both to the upstairs and the downstairs that would conserve energy. Mr. Plemel stated there was no neighborhood objection, and the petitioner appeared to be trying to improve his property. He had no objection to the variance. Mr. Betzold stated because of the uniqueness of the land,'he did not know that the petitioner could do too much other than what he was doing. As far as blocking the line of sight, he thought everyone along that area was trying to block his/her line of sight to East River Road anyway, so he did not think that was a specific concern. He would have no objection to the variance. Ms. Gabel stated she was in agreement with- what was stated by the other commissioners. She thought the hardship in terms of the space was very obvious. MOTION BY MR. BARNA, SECONDED BY MR. BETZOLD, TO APPROVE THE VARIANCE REQUEST PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY CODE TO INCREASE THE ALLOWABLE ENCROACHMENT INTO THE FRONT YARD OF AN ENCLOSED VESTIBULE FROM 5 FEET TO 8 FEET ON LOTS 8 AND 9, BLOCK 18, FRIDLEY PARK, THE SAME BEING 70 - 62� WAY. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. (I�a�ioc Clraai� Aeeo�ad Che*sd Marla F Index OFFICE OF COUNTY RECORDER STATE OF MINNESOTA, COUNTY OF ANOKA 1 hereby certify that the within Instru- mentwq I -A i this office for ,record on the 1Ij Le A,D., ,19_,x, o'clock L M., and was'duly recorded In bookpage!_ County Recorder By Deputy Planning Department City of Fridley 6431 University Avenue N.E. Fridley, Minnesota 55432 r t � F f ago- yy � .. N wowK mt 1 $ T x� p, 35 VON- mays t i rr ryy 1 Y e� 17 .� qh! WAY As, 7 s .+ VMS S d,. �f s f i < r . O I: Cs -um 7.125" TP cod /0. D y �e -// e4,d ®LX/Z �� �� 7- 33" 1 VOlao'OI !411 p oen ANY _A Af WP � PJ i A1/1M na lot 41F M '0 Own _ -.++ '� o N► �1/N1 3/119 ! r 1 0, � r Af AV wow toy/ 0 1 f p! v will -A N _-L-Iff • s i,' r _107 19 .. � � q � � �° s s � � ♦, � 111 _ IY_/ . o oii � 29 � # �!�'' � ':� � ma"• ! 9 � 1 t VIA —iso E of z9 41,*AV If I A9 f 14 % 1rM �! •� r o!Y'► �' 1 f Jpf I GAJ vAli : AW AV LSI M1bS Alt r Olt NVAIAS Ri rst ,�r,.r • s - Gel 0 S�- a �r CITY OF FAIOLEY, SUBJECT VARIANCES 6431 {11QIVF1%3rr / AVE. N!. FAIDLOY, MN. 6543e 961it 671-3450 ADDRESS DATE 7 & S� APPEALS COMMISSION: APPROVED„ DISAPPROVED DATE NO.� CITY COUNCIL REVIEW: REQUIRED: AYES,_ CITY COUNCIL: APPROVED DISAPPROVED _ DATE NO. STIPULATIONS: .. ........ .. .. ... NAMEd oA At L �/�,���/�/ FEE �� � RECEIPT No. LOT NO. BLOCK N0. TRACT OR ADDITION LEGAL DESCRIPTION:Ole VARIANCE•REQUEST(S): (Attach plat or survey of property showing building. variances, etc., where applicable) ,' Sections) of the City Code: ZDS . D4%, 6 List specific hardship(s) which requires the variance(s): f V D Z DDn;;r DATE &2 SIGNATURE ADDRESS %® �• I f AZ TELEPHONE NO .. a VARIANCES FOR CITY USE ONLY Board members notified of meeting by _ List Qemb�rs. date notified. and •Yes" or 'tb" for plans to attend hearing. - Mame Patricia Gabel Oate, Plan To Attend Alex Barna Jean Gerou or Donald Betzold James Plemel Person making notified: - appeal and the fol]owing property Name _ owners having property within 200 feet By Whom Date Phone or Mail Notified -L' Z See Attached Sheet 1 7 ' . b MAILING LIST Variance 70-621-2 Way John L. Klingman Virgil W. Nordgren 70 622 Way 30 622 Way Fridley, MN 55432 Fridley, MN 55432 Vincent L. Kelly Kenneth M. Elven 111 62nd Way 20 622 Way Fridley, MN 55432 Fridley, MN 55432 George L. Davis Robert Sebsastian 6501 Xerxes Avenue N. 11 622 Way Minneapolis, MN 55430 Fridley, MN 55432 Robert L. Olson Margaret A. Hoglund 6276 East River Road 15 622 Way Fridley, MN 55432 Fridley, MN 55432 Peter N. Dicarlo Melvin J. Kocinski 6266 East River Road 43 622 Way Fridley, MN 55432 Fridley, MN 55432 Paul J. Proehl Georgia A. Swanson 6175 East River Road 45 622 Way Fridley, MN 55432 Fridley, MN 55432 Anoka County Hwy. Dept. David M. Krueger 325 Main N.E. 6255 East River Road Anoka, MN 55303 Fridley, MN 55432 John R. Fisher Gerald G. Gerber 35 62nd Way 6275 East River Road Fridley, MN 55432 Fridley, MN 55432 Lawrence J. Newhorter Ronald P. Wollack 39 62nd Way 70 63rd Way Fridley, MN 55432 Fridley, MN 55432 Abdon J. Jerkovich David A. Mealhouse 49 62nd Way 40 63rd Way Fridley, MN 55432 Fridley, MN 55432 Gary J. Charley 80 622 Way Fridley, MN 55432 Marilyn A. Kloster 60 622 Way Fridley, MN 55432 Raymond K. Humann 40 622 Way Fridley, MN 55432 j J APPEALS COMMISSION MEETING; JULY 9, 1985— PAGE 3 Mr. Keefe stated what they want to do is expand their office facility. The building was orginally designed for the expansion, so the addition will be expanded across the front and it will blend in with the rest of the building. He stated they need the additional office space so they can handle the business they presently have and any future business. Ms. Gabel asked if there would be adequate parking with the addition of the new office facility. Mr. Keefe stated that has already been addressed, and they have adequate park- ing for both the present and future expansion. Mr. James Sanders, 4639 Main St., stated his only concern was if there were going to be any additional driveways connected to the addition. Mr. Keefe stated the present driveway into the plant will remain, and there will be no new driveways. MOTION BY MR. BETZOLD, SECONDED BY MR. BARNA, TO CLOSF, THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC HEARING CLOSED AT 7:44 P.M. Mr. Betzold stated that as the staff report indicated, the proposed expansion of this building is not going to occupy any space that is necessary for the adequate green areas. Considering the size of this project and what the company is trying to accomplish, it did not seem offensive to the intention of the code. They are trying to line up the two buildings and to restrict them to 40% might cause more problems for them in building, plus it might be a moot point in the future if they do expand and purchase more property. He stated he would be in favor of recommending approval of the variance. Mr. Barna stated that as long as they are continuing the same front building line and are not increasing the visible lot coverage as far as anyone could tell, he would be in favor of recommending approval of the variance. Mr. Plemel stated this was a very minimal request. He liked to see business in Fridley prosper, and he had no objection the the variance. Ms. Gabel stated she agreed with the statements made by the other commissioners. MOTION BY MR. BETZOLD, SECONDED BY MR. BARNA, TO RECOMMEND TO CITY COUNCIL APPROVAL OF VARIANCE REQUEST PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY CODE TO INCREASE THE MAXIMUM PERCENT OF THE AREA OF A LOT TO BE COVERED BY MAIN AND ACCESSORY BUILDINGS FROM 40% TO 41.455.1 ON THE NORTH 418 FEET OF LOT 1, AUDITORS SUBDIVISION #79, THE SAME BEING 4650 MAIN STREET N.E., WITH THE STIPULATION THAT THE OWNER DEDICATE A 15 FOOT BIM.rAY EASEMENT ALONG MAIN STREET. Mr. Jim Determan, Determan Welding & Tank Service, stated that when the City put in a bikeway in front of his property on 73rd Ave. last year, he was assessed $11/foot. He wanted the petitioner to be aware that a cost might be involved with this easement if a bikeway is built. APPEALS COMMISSION—MEETING,—JULY 9,'1985 PAGE 4 Mr. Keefe stated that if there were any costs involved, he would have to have more specific information before he could agree to this stipulation. Ms. Gabel stated the Appeals Commission was not able to address that question specifically. They did not know the circumstances concerning Mr. Determan's situation. She stated Staff could check into this and have the matter addressed at the City Council meeting. 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 August 5. 2. iIARI P ER 5 OF THE FRIDLEY CITY CODE TO INCRE 7RL ALLOWABLE ENCROACHMENT INTO THE FRO?FFjARD.OF AN ENCLOSED VESTIBULE FR �5 FEET TO 8 FEET ON LOTS 8 AND 9� BLOCK 18, FRIDLEY PARK, THE E BEINGWAY — z(Req ues y_John __� Hyman, 70- 2 ay . , Fridley, Mn, BY MR. BETZOLD,_5TC_TO OPEN THE -PUBLIC HEARIN ,UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC HEARING OPEN AT 7.51 P.l�f. Chairperson Gabel read the Administrative Staff Repor TRATIVE STAFF REPORT ?0�: 62 1/2 Way N. E.,171 -_ PUBLIC PURPOSE SERVED BY REQUIREMENT. -S' ,Section 205.04.6a.4 requires that on existing structuresres vest-ibules,- 'may extend not more than five (5) feet into the required front yards' '"provided they are only one (1) story and do not exceed fifty (50)2: ,,,1square feet- - �.- 11�5,111)''Rc purpose serve y is requirement 1sto essen €ncroachment, into the neighbors' front yard "line of sight" and to allow for aesthetically pleasing open areas around residential structures.. iS-TMTEID HARDSH TIP "I am putting a basement under the exls ing ome w 1c "is only 20 feet wide and makes it too narrow to make a good and safe entrance to the house and basement. The stair well would have to extend into the -` *living room if only a 101 by 5' entranceway is constructed and would not give me room for steps. I would like to build a 8' by 10' foyer -- /on the front of my house to aU_ow_._room to --p- Ace the stair system outsite `my existing house. - —_ — APPEALS COMMISSION MEETING; JULY -9 1985 PAGE 5 'C. ADMINISTRATIVE STAFF REVIEW e code allows Tor a3T66v vestibule; the petitioner would li e i foot vestibule in order to also incorporate a stairway. If the -=- ard approves__this request_, the staff has no stipulations to suggest t. Robinson stated that with the variance, -the vestibule would exten3in�G; the front yard 8 ft. instead of 5 ft. He stated there was 48 ft. to the cut+-, subtracting the right of way and vestibule,it would leave a setback of 25 ft.," -,from the foyer to the right of way line. He stated Staff had no stipulations' �r requirements to wg-gestd the hardsh_ ip seemed well stated-.- ~ — Mr:�t� ngman s a e e o pu a asement under his ouse an ave t o whole house raised 4 ft., so the vestibule he would like to add on would come, in at ground level, go up_half a flight and then over and down a half a flight? L`the-basement. Even at 8 ft, it will be crowded, but at 5 ft., there was nq he would be_abl_e ta_ et__-ste s_ oin up and down and still make the corner. ,MOTION BY MR. BARNA, SECONDED BY MR. BETZOLD, TO CLOSE THE PUBLIC HEARIIG UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED Mr. Barna stated he had no real problem with the additional 3 ft in o front yard. He did not think it would harm any neighbor's line of sight. V, far as the hardship, there was definite -Ty a hardship with the amount of space that -would be available for a stairwell. As far as losing the space inside`- the house, the house was not that large anyway, and this would give him a large irlocked-type entryway bath to the upstairs and the downstairs that would_ oT er e--_enera -- ..:_._ Mr.TPIeme s a e orhood--objeci;ion, and-Ihe-petitione '.appeared to be trying to improve his property. He had no objection to t Mr. Betzold stated becauseof the uniqueness of the land, he i t know that + no the petitioner could do too much other than what he was doing. As far as 4.' blocking the line of sight, he thought everyone along that area was trying toll 1block his/her line of sight to East River Road anyway, so he did not think tha -was a specific concern. He would--have--m_-a ctioq to thevariance.—AW 4Ms._Gabel sta a was to agreement with_what was stated by the other commissioners. She thought the hardship in terms of thespace was very obviop MOTION BY MR. BARNA, SECONDED BY M . B PURSUANT TO CHAPTER 205 OF THE FRIDLEY ENCROACHMENT ON LOTS 8 AND TZOLD, TO APPROVE THE VARIANCE REQUES,1 CITY CODE TO INCREASE THE WUABLE - INTO THE FRONT YARD OF AN ENCLOSED VESTIBULE FROM 5 FEET TO 8 FE 91 BLOCK 18, FRIDLEY PARK, THE SAME BEING 70 - 62 WAY.` ,-UPON A VOICE VOTE, A CARRIED UNANIMOUSLY. D THE MOT ft APPEALS COMMISSION MEETING, JULY 9, 1985 PAGE 6 3. VARIANCE RE UESTS PURSUANT TO CHAPTER 205 OF -THE FRIDLEY CITY CODE TO REDUCE ,; . S - . (Request y RfcTard Swanson, IZ41 - 7Znd Avenue N.E., Frfdley, n. 'MOTION BY MR. PLEMEL, SECONDED BY MR. BARNA, TO OPEN THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC HEARING OPEN AT 8:03 P.M. Chairperson Gabel read the Administrative Staff Report: ADMINISTRATIVE STAFF REPORT 1241 - 72nd Ave. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.17.5d requires that all parking and hard surface areas shall be no closer than five (5) feet from the main building. Public purpose served by this requirement is to protect the building from unnecessary maintenance due to vehicles hitting the building. Section 205.17.5b requires that all parking and hard surface areas shall be no closer than five (5) feet from any side lot line except for a common drive approved by the adjoining property owners and the City. Public purpose served by this requirement is to reduce visual pollution in front yards, in areas adjacent to lot lines, and to separate parking with landscaped areas. B. STATED HARDSHIP: "We need the extra space for room to manuever the large trucks and semi -trailers which are essential to our business." C. ADMINISTRATIVE STAFF REVIEW: There are two separate variances requested involving two separate con- struction phases. Phase I involves construction of a 50 by 82 square foot metal building and a 85 by 130 square foot masonry building along with the installation of curbs in front of the existing and proposed structure nearest to 72nd Avenue. Phase II involves the construction of a parking lot along the entire west side of the lot. Item #2, July 9, 1985 ADMINISTRATIVE STAFF REPORT 70-62 1/2 Way N. E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.04.6a.4, requires that on existing structures, vestibules may extend not more than five (5) feet into the required front yards provided they are only one (1) story and do not exceed fifty (50) square feet. Public purpose served by this requirement is to lessen the encroachment into the neighbors front yard "line of sight" and to allow for aesthetically pleasing open areas around residential structures. B. STATED HARDSHIP: I am putting a basement under the existing home which is only 20 feet wide and makes it too narrow to make a good and safe entrance to the house and basement. The stair well would have to extend into the living roam if only a 10' by 5' entrance way is constructed and would not give me room for steps. I would like to build a 8' by 10' foyer on the front of my house to allow roam to place the stair system outside my existing house. C. ADMINISTRATIVE STAFF REVIEW: The code allows for a 5 foot vestibule; the petitioner would like an 8 foot vestibule in order to also incorporate a stairway. If the board approves this request the staff has no stipulations to suggest. Item #2, July 9, 1985 ADMINISTRATIVE STAFF REPORT 70-62 1/2 Way N. E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.04.6a.4, requires that on existing structures, vestibules may extend not more than five (5) feet into the required front yards provided they are only one (1) story and do not exceed fifty (50) square feet. Public purpose served by this requirement is to lessen the encroachment into the neighbors front yard "line of sight" and to allow for aesthetically pleasing open areas around residential structures. B. STATED HARDSHIP: I am putting a basement under the existing home which is only 20 feet wide and makes it too narrow to make a good and safe entrance to the house and basement. The stair well would have to extend into the living room if only a 10' by 5' entrance way is constructed and would not give me roam for steps. I would like to build a 8' by 10' foyer on the front of my house to allow roam to place the stair system outside my existing house. C. ADMINISTRATIVE STAFF REVIEW: The code allows for a 5 foot vestibule; the petitioner would like an 8 foot vestibule in order to also incorporate a stairway. If the board approves this request the staff has no stipulations to suggest. aF-`-7 FRIDLFY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E., FRIDLEY, MINNESOTA 55432 • PHONE (612) 571-3450 NOTICE OF PUBLIC HEARING Notice is hereby given that the Appeals Commission of the City of Fridley will conduct a Public Hearing in the City Council Chambers at 6431 University Avenue Northeast at 7:30 p.m. on Tuesday, July 9 1985 in regard to the following matter: Consideration of a variance request pursuant to Chapter 205 of the Fridley City Code to increase the allowable encroachment into the front yard of an enclosed vestibule from 5 feet to 8 feet on Lots 8 and 9, Block 18, Fridley Park, the same being 70-622 Way. 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.