VAR 87-10n
APPEALS COMMISSION MEETING, APRIL 14, 1987 PAGE 7
tory onto the south half of the garage would probably conform better to the
t houses than if he built a one-story garage with a very flat roof.
Aes etically, what Mr.Westover intended to do looked better.
Mr...Wes ver stated his neighbors to the east did not object to this proposal.
MOTION BY SAVAGE, SECONDED BY DR. VOS, TO CLOSE THE PUBLIC HEARING.
UPON A VOICE VD , ALL VOTING AYE, VICE -CHAIRPERSON BARNA DECLARED THE
PUBLIC HEARING C ED AT 8:08 P.M.
Mr. Barna commended thk petitioners on a very well stated hardship. The
petitioner would defini ly be bringing the house, even with the variance,
closer to code compliance han it has been since the new code was established.
Ms. Savage stated she agreedIn looking at the property, she noted the
public purpose was to maintain a sthetically pleasing community, and it seemed
to her that this garage as planne ould certainly do that. She would be in
favor of granting the variance.
Mr. Sherek stated he agreed with Ms. Sava e. The garage was definitely well
designed. He, too, wanted to compliment th petitioner on the preparation he
did in preparing the stated hardship descrip 'on. Most hardship descriptions
are very sketchy, and many times the Commission s are not even sure a
petitioner has a hardship.
Dr. Vos stated this was a very creative solution. Hed driven by the
property many times and never realized there was no gara The way the
garage was designed and the location into the hill would r lly look nice.
MOTION BY DR. VOS, SECONDED BY MS. SAVAGE, TO APPROVE VARIANC REQUEST,
VAR #87-09, BY BRIAN WESTOVER, PURSUANT TO CHAPTER 204.07.1, B, OF THE
FRIDLEY CITY CODE TO INCREASE THE MAXIMUM ALLOWABLE HEIGHT OF A G GE FROM
14 FEET TO 20 FEET ON LOT 3, BLACK 1, HEATHER HILLS ADDITION, THE S
BEING 6274 BEN MORE DRIVE N.E., FRIDLEY, MINNESOTA, 55432.
UPON A VOICE VOTE, ALL VOTING AYE, VICE -CHAIRPERSON BARNA DECLARED THE
MOTION CARRIED UNANIMOUSLY.
3. CONSIDERATION OF A VARIANCE REQUEST,BY ANTHONY KRALL, PURSUANT
TO CHAPTER 205.07.3, D, .3a, OF THE FRIDLEY CITY CODE TO DECREASE THE REQUIRED
MOTION BY MS. SAVAGE, SECONDED BY MR. SHEREK, TO OPEN THE PUBLIC. -HEARING.
UPON A VOICE VOTE, ALL VOTING AYE, VICE- CHAIRPERSON BARNA DECLARED THE
PUBLIC HEARING OPEN AT 8:14 P.M.
APPEALS COMMISSION MEETING, APRIL 14, 1987 PAGE 8
Vice -Chairperson Barna read the Administrative Staff Report:
ADMINISTRATIVE STAFF REPORT
191 - 69th Avenue N.E.
VAR #87-10
A. PUBLIC PURPOSE SERVED BY REQUIREMENT:
Section 205.07.3, D, 3a, requires a rear yard with a depth of not less
than 25 percent of the lot depth, and not less than 25 feet permitted
or more than 40 feet required for the main building.
Public purpose served by this requirement is to provide rear yard space
to be used for green areas which enhance the neighborhood.
B. STATED HARDSHIP:
"We need more space for our main floor. We need a bedroom or den or
office or combination thereof, because we have NO private place any
longer for our aging parents and relatives who depend upon our home for
a temporary place to stay or a stop -over place on their way to the
hospital. It was just fine when they were younger because we housed
them in our basement. Now, they cannot walk the stairs to the bathroom.
We have one bathroom and that is on the main level.
From August 1985 through January 4, 1986, the date he passed away, my
82 -year old father was living with us until we were able to put him in
a nursing home (December 1985). He had to stay on the main floor in my
daughter's room and we moved all of her things downstairs which kept us
in turmoil since we have only the one bathroom.
Now we have my husband's 86 -year-old mother from Northern Minnesota
(4 hours away) who has to visit the University Hospitals periodically
and stay with us on the main floor of our home. Because of her arthritic
condition, she cannot climb the stairs.
At the same time, my 74 -year-old aunt has osteoporosis and is from the
same northern Minnesota town (4 hours away) has to stop here on her way
to the Mayo Clinic in Rochester, Minnesota, where she was hospitalized
to have her hip ball changed. She used to be on a cane, and now she is
in a wheelchair. Our bedroom hall area is too small for her to move
in a wheelchair.
Our kitchen is small .(10 ft. x 11 ft.). When we are "four" we.manage
to fit at our table in the kitchen just fine. With five or six people
and a wheelchair, we must move to the dining room. The dining room
(9 ft. x 10 ft.) is too small. IF WE PUT THE ADDITION ON, THE DINING ROOM
WOULD BE EXTENDED 8 feet and we could turn the table the other way and
manage quite well.
APPEALS C014MISSION MEETING, APRIL 14, 1987 PAGE 9
We have four cars and try to keep them in the driveway. Our daughter
and son each have their car parked in the driveway. With the driveway.
being moved over, we would also keep half of the present driveway for
their cars.
-If we can move our den from the basement and all of the file cabinets
to this extended room upstairs, we would be able to put a bathroom
downstairs in that present area of the den -office.
Our son attends a local college and lives at home. Our daughter attends
a college out of state but will be living at home beginning this May
because she is transferring to a local college and will be living at
home again.
C. ADMININISTRATIVE STAFF REVIEW:
This house faces the side street. The view garage is in the rear of the
lot. Also, adjacent to the rear lot line is a city park. The request
has been reviewed by the City Parks Department and they would have no
objection to this request.
If approved, Staff recommends that no windows be placed in the west wall.
Mr. Clark stated the petitioner would like to convert his existing garage to
living space and add a two -car garage toward the park, resulting in a 4.5 ft. setback
to the west property line. The park was a passive park. There was some play-
ground equipment, but no athletic functions. There might be children or
adults playing Frisbee or Jarts or something like that, and that was the
reason for the stipulation of no windows in the west wall.
Mr. Clark stated they get into the semantics of whether this was really the
side yard or the rear yard. The legal front of the Ibt_was the short side
of the lot when it is a corner lot, so the front yard was on '-Rice Creek Blvd.
and the garage would be built in the rear yard. If this was�the side yard,
then the garage could be built within 5 ft. of the property line. With the
house across the street, because of the shape of the lot, it was the side yard.
Mr. Krall stated the main reason for their request was they need more floor
space.
Mr. Barna stated be -felt the .var.iance was created by the way the house faces
on the lot.
IC=ON BY MS. SAVAGE, SECONDED BY MR. SHEREK, TO CLOSE THE PUBLIC HEARING.
UPON A VOICE VOTE, ALL VOTING AYE, VICE -CHAIRPERSON BARNA DECLARED' THE PUBLIC
HEARING CLOSED AT 8:20 P.M.
-Mr-. Sherek stated he felt this was a good plan. If the designation of the
front and side yards were more appropriate, there would be no problem. There
APPEALS COMMISSION MEETING, APRIL 14, 1987 PAGE 10
would be no distractions from the appearance of the neighborhood, so he
felt the spirit of the code was being met, and he would vote in favor of
the variance.
Ms. -Savage stated she agreed that the spirit of the code was being met
because of the park being next to the proposed addition. She would vote in
favor of granting the variance.
Dr. Vos stated he had no problem with this variance as requested.
Mr. Barna stated he agreed with the other Commissioners. If they took the
technicality of the narrow side of the lot being the front of the lot, and
allowed the front of the house to be the front of the house, they would then
have a side yard which was required at.5 ft. and only a 1/2 ft. variance
would be needed.
MOTION BY MS. SAVAGE, SECONDED BY MR. SHEREK, TO APPROVE VARIANCE REQUEST,
VAR #87-10, BY ANTHONY KRALL, PURSUANT TO CHAPTER 205.07.3, D, 3a, OF THE
FRIDLEY CITY CODE TO DECREASE THE REQUIRED REAR YARD SETBACK FROM 31 FEET TO
4.45 FEET TO ALLOW FOR THE CONSTRUCTION OF AN EXISTING GARAGE INTO LIVING
SPACE AND THE CONSTRUCTION OF A NEW ATTACHED GARAGE ON LOT 20, BLOCK 4, RICE
CREEK NORTH ADDITION, THE SAME BEING 194 - 69TH AVENUE N.E., FRIDLEY,
MINNESOTA, 55432,WITH THE STIPULATION THAT NO WINDOWS BE PLACED IN THE WEST
WALL OF THE ADDITION.
UPON A VOICE VOTE, ALL VOTING AYE, VICE -CHAIRPERSON BARNA DECLARED THE
MOTION CARRIED UNANIMOUSLY.
4. C014SIDERATION OF VARIANCE REQUESTS, VAR #87-12, BY RICHARD AND JUDITH
BISTODEAU, PURSUANT TO CHAPTER 20 THE FRIDLEY CITY —=D
MOTION BY DR. VOS, SECONDED BY MS. SAVAGE, TO OPEN THE PUBLIC HEARING.
UPON A VOICE VOTE, ALL VOTING AYE, VICE -CHAIRPERSON BARNA DECLARED THE
PUBLIC HEARING OPEN AT 8:23 P.M.
Vice -Chairperson Barna read the Administrative Staff Report:
ADMINISTRATIVE STAFF REPORT
101 - 57th Place
VAR #87-12