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VAR 03.77
City of Fridley AT THE TOP Of THE TWINS �� t , COMMUNITY DEVELOPMENT DIV. _ PROTECTIVE INSPECTION SEC. -1 CITY HALL FRIDLEY - 55432 %.J 612-560-3450 SUBJECT APPLICATION TO BOARD OF APPEALS NUMBER 910-F23 REV. 1 DATE 3/21/75 PAGE OF 1 2 avPHOVED HY 800 Name Address Phone Lawrence A. Hamer 41 N.E. 66h Way 560-1071 Legal Lot No. Description 7 Block No. 3 Tract or Addn. Edgewater Gardens Variance Request(s); including stated hardships (attach plat or survey of property' showing building, variances, etc., where applicable) d F gi a,..tn `?Ao-o Sir we -,L i=,.- 3S' To 2..7' C lits- Coot 2o:. o5'3 6,11 eup0- 2 0S.© .1 4 Q stogy ;�4aa Frzow% Bj' S' it hardship is that I cannot get my two cars into my garage with the present single door. I have to remove the closet which protrudes into the garage and I need the extra space for the closet and my family living area. ®� ' i for variance of livingarea 5' from the line. Date Meeting Date ke Receipt No. Signature Comments & Recommendations by the Board of Appeals City Council Action and Date City of Fridley T' AT THE TOP OF THE TWINS 5uaitcr APPLICATION TO BOARD OF APPEALS ___ COMMUNITY DEVELOPMENT DIV. r PROTECTIVE INSPECTION SEC. -'1 CITY HALL FRIDLEY 55432 612-560-3450 (Staff Report NUMBERRAY. 91,0-F23 DATE 1 3/21/75 PAGE OF 2 2 APPROVED BV 800 Staff Comments Board members notified of meeting by - /a - 7 % List members, date notified, and "Yes" or "No" for plans to attend hearing. Plan Date To Attend ` Name Of �G��ivei - • Pearson making appeal and the following property owners having property within 200 -feet notified: By Whom M & Mrs,- Name Lawrence A. Hamer 41 66 1/2 Way N.E. David Allen 33 66 1/2 Way N.E. Morris Leverson 25 66 1/2 Way N.E. Harry Crowder - 17 66 1/2 Way N.E. - Richard Janezich 11 66 1/2 Way N.E. Paul Plummer 10 66 1/2 Way N.E. - James Regan 16 66.1/2 Way N.E. Richard Blair -40 66 1/2 Way NE _ Ed Kazmierkoski 32 N.E. 66 1/2 Way N.E. Ted Blair 24 66 1/2 Way N.E. Ron Steckman 58 Rice Creek Way N.E. Norman Hall 56 66 1/2 Way N.E. James Sarp 48 66 1/2 Way N.E. - John Miller 47 Rice Creek Way N.E. Otto Ostman 53 Rice Creek Way N.E. - B*man Bakke 59 Rice Creek Way N.E. David Cahlander 65 Rice Creek Way N.E. Wallace Sorum 35 67th Way N.E. David Fleigle 32 67th Way N.E. Lars Anderson-6696 Ashton Ave. Robert Silseth - 16 67th Way N.E. James LaPoint 24 67th Way N.E. Douglas Lumby-40 Rice Creek Way N.E. Michel & Avis Bourne-65 66th Way N.E. Edmund Broskreutz - 55 &7th Wav N.E. Date Phone or Mail Notified Kermit Hollen - 49 66th7Way N.E. Delores Greven -41 66th Way N.E. FRIDLEY APPEALS COMMISSION MEETING MARCH 15, 1977 MEMBERS PRESENT: Schnabel, Barna, Gabel, Kemper MEMBERS ABSENT: Plemel OTHERS PRESENT: Ron Holden, Building Inspection Officer The meeting was called to order by Chairperson Schnabel at 7:31 P.M. APPROVE APPEALS COMMISSION MINUTES: FEBRUARY 15, 1977 MOTION by Kemper, seconded by Gabel, that the Appeals Commission minutes of February 15, 1977 be approved as written. Upon a voice vote, all voting aye, the motion carried unanimously. %( 1„ REQUEST FOR VARIANCES OF THE FRIDLEY CITY CODE AS FOLLOWS: SECTION '205.053, fit, A, TO REDUCE THE FRONT YARD SETBACK FROM THE REQUIRED 35 FEET TO 27 FEET, AND SECTION 205.053, 42 B, TO REDUCE THE MINIMUM. SIDE LOT REQUIREMENT NECESSARY ON THE LIVING SIDE OF A DWELLING FROM 10 FEET TO 5 FEET, TO ALLOW THE CONSTRUCTION OF AN ADDITION ON TO THE HOUSE AND GARAGE, ON LOT 71 BLOCK 32 EDGEWATER GARDENS, THE SAME BEING 41 N.E. 661-2 WAY, FRIDLEY, MINNESOTA. (Request by Lawrence A. Hamer, 41 N.E. 661-2 Way, Fridley, Minnesota, 55432). MOTION by Gabel, seconded by Kemper, to open the Public Hearing. Upon a voice vote, all voting aye, the motion carried unanimously. ADMINISTRATIVE STAFF REPORT A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.053, 41 A, requiring a front yard setback of 35 feet. Public purpose served is to allow for off-street parking without encroaching on public right of way. Also for aesthetic consideration to reduce the "building line of sight" encroachment into the neighbor's front yard. Section 205.053, 4, B, 1 requiring a 10 foot side yard setback to living area in an R-1 zone. Public purpose served by this section of the code 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 reduce exposure to conflagration of fire between structures. Also to allow for aesthetically pleasing open areas around residential structures. Fridley Appeals Commission Meeting - March 15, 1977 F Page 2 B. STATED HARDSHIP: Petitioner's hardship is that he cannot get his two cars into his garage with the present single door. He wishes to remove the closet which protrudes into the garage and needs the extra space for the closet and family living area. C. ADMINISTRATIVE STAFF REPORT: The house in question has an existing side yard of approximately. 5 feet. The attached garage to the East is 12 feet from the common property line. The adjacent houses are all at approximately the 35 foot setback line. The owner apparently plans to enlarge his garage door, delete a closet protruding into the garage and add some living space onto the rear. Thus the need for the variance from 10 feet to 5 feet in the sideyard to accommodate the new living area. The new living area would be 17 feet from the neighboring garage. Proposed building line is 8 feet ahead of the neighboring houses. A scale drawing, but no verifying survey, has been provided. Mr. Larry Hamer, 41 N.E. 6611 Way; and Mr. Ronald E. Steckman, 58 Riee Creek Way were present. Mr. Hamer said that he had plans for the proposed addition, but didn't have them with him. He explained that the house was constructed in such a manner that it had a closet in the garage which cut down on the usability of the garage to put the second car in. He said he wanted to remove that closet, have the family room upstairs, and use the basement for his hobby (working with woodworking tools). He further explained that his main reason for the request was to allow him room to get both cars in his garage, and would also add a larger garage door. He showed the Commission on the drawing how the addition would be laid out, pointing out the family room with the basement underneath. Mr. Hamer said he drove a city car (St. Anthony) and rarely drove his second car, so it sat out in front of his house, which he didn't feel was very fair to the neighbors. He said there were five people in his family. Chairperson Schnabel asked if Mr. Hamer intended to put a full basement underneath the back portion, and he replied he did. She asked if that would become the family room, and he replied no, the family room would be on the top level. Mr. Hamer said he had taken a petition around and had the neighbors sign it, and all were in favor of his proposal. Chairperson Schnabel read the petition to the Board, and noted it had been signed by 22 people. MOTION by Gabel, seconded by Barna, that the Appeals Commission receive the petition of approval signed by 22 of Mr. Hamer's neighbors. Upon a voice vote, all voting aye, the motion carried unanimously. At this point Mr. Hamer heard the fire siren and had to leave as he informed the Board he was a fire fighter. Mr. Ron Steckman approached the Commission and explained he was Mr. Hamer's neighbor and had drawn up the plans, so Fridley Appeals Commission Meeting - March 15, 1977 F Page 3 he could probably answer any questions that the Commission had. Mr. Hamer returned a few minutes later and reported that the fire had just been a dumpster. Mrs. Gabel asked if the window would be closed off and a fire wall put up. Mr. Steckman said there were only windows straight out to the East. He explained the plans, and it was decided that a fire wall wasn't needed there; only between the garage and the living area. Mrs. Gabel said there was a specific distance between two structures that required a fire wall, and asked Mr. Holden if he knew what that was. Mr. Holden replied that the Uniform Building Code and the Fridley Zoning Code said that if 15' was maintained between structures, no protection was needed. He said this addition would be 17' away, so he saw no reason for a fire wall. Mrs. Gabel asked if all the setbacks on the street were 351, and Mr. Holden replied it looked like they all were. Mr. Kemper asked what the boulevard was in front of the home, and Mr. Hamer replied 101. Mr. Holden asked if anyone had voiced objection to his plan, and Mr. Hamer. answered no. He said he had gone around to see what the neighbors' feelings were on 'this as he didn't want to start any of this unless they approved of it. He explained that there was one house on the block that looked similar to what he intended his to look like, so he had used that as an example. 1' �' Chairperson Schnabel asked when he planned to start construction on this, and Mr. Hamer replied he would start as soon as the road limits were lifted. She noted he had a blacktop driveway at the present time, and asked if that would remain as blacktop with the addition, and Mr. Hamer said that was correct. Mrs. Gabel asked if he would tie the roof lines together so it would be aesthetically pleasing, and Mr. Hamer replied yes and added he didn't want it to look hodgepodge. Mr. Steckman commented it would be a gable roof, and would look nicer than it did right now. Mrs. Schnabel asked if this would affect the walk-in door, and Mr. Hamer replied it wouldn't. Mr. Steckman said he had no objections to the proposed plans whatsoever. MOTION by Barna, seconded by Kemper, to close the Public Hearing. Upon a voice vote, all voting aye, the motion carried unanimously. Mrs. Gabel stated she didn't have any objections, and she felt that a little bit of staggering of houses done with some consideration for the surroundings and done in a pleasing manner sometimes made the neighborhood more attractive than having all the houses set 35' back. She said that Mr. Hamer needed the room and didn't -want his car parked out on the street, which could be a nuisance when it snowed. Mr. Barna said he didn't have any objection, and thought the staggering wouldn't upset anything. Mr. Kemper agreed. MOTION by Barna, seconded by Kemper, that'the`Appeals Commission approve the request for variances as stated. Fridley Appeals Commission Meeting - March 15, 1977 a Page 4 Chairperson Schnabel asked if Mr. Barna had any feelings in terms of a stipulation requiring that there be no windows on the side facing the neighbors. Mr. Barna AMENDED the MOTION to include a stipulation that there be no windows on the East side of the living quarters within 15' of the neighboring garage, and there be a fire wall between the living area the the garage area. Chairperson Schnabel said she thought it would be well to digress for a moment and ask Mr. Hamer, as a fire fighter, what he thought in terms of people requesting to put additions on to houses and getting living areas closer to other living areas, and so forth. She explained the Commission's concern had always been to allow ample space for fire fighters to get between structures to get to a fire and attempt to cut down the spread of fire. Mr. Hamer replied that for an example, there had been a garage fire last week where the garage was 5' from the structure. He said that by the time they responded (from their homes), the fire was really going and had scorched the house. He said the fire had probably been going for four minutes before the alarm was sounded, and it probably took another three minutes to get to the fire. He stated that at a distance of 151, a fire would have to create quite a bit of heat to do damage to a house. Mr. Barna asked if there were any windows that got scorched, and Mr. Hamer replied that two windows had gotten cracked. Chairperson Schnabel said that in terms of being able to reach the source of a fire, they had a number of situations where people had wanted to go 3' to a lot line, and also fences going down in between. She said they had tried to be very consistent in making sure there was some access to the rear of the property in case of a fire, and asked how important that was. Mr. Hamer said that if she was referring to 4' fences, they leaped over 41 fences all the time. He said the largest problem was in a storage yard, for instance, where they had to cut into the fence. He added that normally in residential they didn't have much of a problem. Mrs. Schnabel said she appreciated that information very much. Mr. Barna DELETED the AMENDMENT in its entirety. Mr. Holden pointed out that the fire wall was a requirement of the building code, so that stipulation wasn't needed. UPON A VOICE VOTE, all voting aye, the motion carried unanimously. Mrs. Gabel commended the Fire Department for doing such a good job. Mr. Kemper said he thought it should be mentioned that once the variance request had been approved, the petitioner should be reminded that he.could now apply for a building permit. He said he had the feeling sometimes that people walked out of the meeting thinking that they could start construction. Chairperson Schnabel said it was a point well taken. PETITION OF APPROVAL I, Larry Hamer, am asking your approval to extend my garage a total of eight feet out the front at 41 66h Way N.E., Fridley. The ex- isting'garage is four feet back from the eaves of the house and I need an additional four feet from the eave of the house to the south. The purpose of this request is so I can put my cars in the garage. I will have to seek a variance from the City for the ad- ditional eight feet with your permission. Thank you. Larry Hamer ADDRESS -7 iJ- 4,L Z & -b4"2- 64/v NAME Thank you. Larry Hamer ADDRESS -7 iJ- 4,L Z & -b4"2- 64/v Continued: Name: 'Wdl Address: , ��-G�y /� 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 6431 University Avenue Northeast on Tuesday, March 15, 1977 at 7:30 P.M. to consider the following matter: A request for variances of the Fridley City Code as follows: Section 205.053, 4, A, to reduce the front yard setback from the required 35 feet to 27 feet, and, Section 205.053, 4, B, to reduce the minimum side lot requirement necessary on the living side of a dwelling from 10 feet to 5 feet, to allow the construction of an addition on to the the house and garage on Lot 7, Block 3, Edgewater Gardens, the same being 41 N.E. 66 1/2 Way, Fridley, Minnesota. (Request by Lawrence A. Hamer, 41 N.E. 66 1/2 Way, Fridley, Minnesota 55432). Anyone who desires to be heard with reference to the above matter will be heard at this meeting. VIRGINIA SCHNABEL 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. ADMTNrSTRATIVE STAFF REPORT 41 N.E. 66 1/2 Way A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.053, 4,A, requiring a front yard setback of 35 feet. Public purpose served is to allow for off-street parking without encroaching on public right of way. Also for aesthetic consideration to reduce the "building line of sight" encroachment into the neighbor's front yard. Section 205.053, 4, B,l"requiring a 10 foot side yard setback to living area in an R-1 zone. Public purpose served by this section of the code 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 reduce exposure to conflagration of fire between structures. Also to allow for aesthetically pleasing open areas around residential structures. B. STATED HARDSHIP: My hardship is that I cannot get my two cars into my garage with the present single door. I have to remove the closet which protrudes into the garage and I need the extra space for the closet and my family living area. C. ADMINISTRATIVE STAFF REPORT: The house in question has an existing side.y.ard of approximately 5 feet. The attached garage to the East is 12 feet from the common property line. The adjacent houses are all at approximately the 35 foot setback line. The owner apparently plans to enlarge his garage door, delete a closet protruding into the garage and add some living space onto the rear. Thus the need for the variance from 10 feet to 5 feet in the sideyard to accommodate the new living area. The new living area would be 17 feet from the neighboring garage. Proposed building line is 8 feet ahead of the nighborhing houses. A scale drawing, but no verifying survey, has been provided. ADMINISTRATIVE STAFF REPORT 41 N.E. 66 1/2 Way A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.053, 4,A, requiring a front yard setback of 35 feet. Public purpose served is to allow for off-street parking without ",cro4ching on public right of way. Also for aesthetic consideration to.reduce the "building line of sight" encroachment into the neighbor's front yard. Section 205.053, 4, B,l requiring a 10 foot side yard setback to l;i.ving. area in an R-1 zone. Public purpose served by this section of the code 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 reduce exposure to conflagration of fire between structures. Also to allow for'aesthetically pleasing open areas around residential structures. B. STATED HARDSHIP: My hardship is that I cannot get my two cars into my garage with the -present single door. I have to remove the closet which protrudes into the garage and T need the extra space for the closet and my family living area. C. ADMINISTRATIVE STAFF REPORT: The house in question has an existing side yard of approximately 5 feet. The attached garage to the East is 12 feet from the common property line. The adjacent houses are all at approximately the 35 fodt setback line. The owner apparently plans to enlarge his garage door, delete a closet protruding into the garage and add some living space onto the rear. Thus the need for the variance from 10 feet to 5 feet in the sideyard to accommodate the new living area. The new living area would be 17 feet from the neighboring garage. Proposed building line is 8 feet ahead of the nighborhing houses. A scale drawing, but no verifying survey, has been provided. 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 6431 University Avenue Northeast on Tuesday, March 15, 1977 at 7:30 P.M. to consider the following matter: A request for variances of the Fridley City Code as follows: Section 205.053, 4, A, to reduce.the front yard setback from the required 35 feet to 27 feet, and, Section 205.053, 4, B, to reduce the minimum side lot requirement necessary on the living side of a dwelling from 10 feet to 5 feet, to allow the construction of an addition on to the the house and garage on Lot 7, Block 3, Edgewater Gardens, the same being 41 N.E. 66 1/2 Way, Fridley, Minnesota. (Request by Lawrence A. Hamer, 41 N.E. 66 1/2 Way, Fridley, Minnesota 55432). Anyone who desires to be heard with reference to the above matter will be heard at this meeting. VIRGINIA SCHNABEL 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.