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VAR 86-27r t � •.: �� 108"7 CI Y OF FRiDLEY CIVIC CENTLR • 6431 UNIVERSITY AVE. N.E. FRIDLEY. MINNESOTA 55432 • PHONE 4612157 1-3450 Gary and Tom Obrycki APPEALS COMMISSION October 1, 1986 6267 Kerry Lane Fridley, M 55432 ACTION TAKEN NOTICE On September 30, 1986 , the Fridley Appeals Commission officially approved your request for variances, VAR #86-27, pursuant to Chapter 205.0 7.3, D, 1 of the Fridley City Code, to reduce the front yard setback from 35 feet to 25 feet; and, pursuant to Chapter 205.07.3, D, 3 of the Fridley City Code, to reduce the rear yard setback from 25 feet to 21 feet to allow the construction of three single family dwellings on Lot 32, Revised Auditor's Subdivision No. 77, the same being 10. - 71 1/2 hay N.E., Fridley, Minnesota. with the following stipulations: - NONE - If the work has not commenced within one (1) year after granting this variance then the variance shall become null and void. If you have any questions regarding the above action, please call the Planning Department at 571-3450. ,,,Si-nrerel)', Z Darrel Clark Chief Building Official DC/ In Please review the noted stipulations, sign the statement below and return one copy to the City of Fridley Planning Department by October 15, 1986 1, , concur with the action taken. VAR #86-27 MainOffine AXJRBAN Gary 0bW I 6875 Highway h, "i /r1OINEER1/110 Minneapolis. Minn. J---- .IMC. i South Office .V' v fit ti i Afruu; r ! E uirmin • Sod Tnf 1101 Cliff Road 7b nit t utf Land Sun"mg Loud Pfonn,nt Burnwdlc. Minnt•• CJ17 N for GARY OBRYCKI Scc1Q :.1 incV-% - AO faa.t S 77-53 . �E fee ayl i Promitj gubrQ f¢1Z} 4, 2 f _ �2 IA I V Vio fYi. AV 371f; I f� Q \ i 7 I L— 6ccrwNgs shown arc assL,mQd iO�L� fi�hq r f 'V f ee-r _J, o ry 4 Lot 32 RQ\jis¢d Auditors Subdwi510n•No 77 CIlYOF FRIDLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY. MINNESOTA 55432 • PHONE (612) 571-3450 Gary and Tom Obrycki APPEALS COMMISSION October 1, 1486 6267 Kerry Lane Fridley, DIN 55432 ACTION TAKEN NOTICE On September 30, 1986 , the Fridley Appeals Commission officially approved your request for variances, VAR #86-27, pursuant to Chapter 205.07.3, D, 1 of the Fridley City Code, to reduce the front yard setback from 35 feet to 25 feet; and, pursuant to Chapter 205.07.3, D, 3 of the Fridley City Code, to reduce the rear yard setback from 25 feet to 21 feet to allow the construction of three single family dwellings on Lot 32, Revised Auditor's Subdivision No. 77, the same being 10o - 71 1/2 liav N.E., Fridley, Minnesota, with the following stipulations: - NONE - If the work has not commenced within one (1) year after granting this variance then the variance shall become null and void. If you have any questions regarding the above action, please call the Planning Department at 571-3450. Darrel Clark Chief Building Official DC/ In Please review the noted stipulations, sign the statement below and return one copy to the City of Fridley Planning Department by October 15, 1986 I, , concur with the action taken. • APPEALS COMMISSION MEETING, SEPTEMBER 30, 1986_ PAGE 7 2. CONSIDERATION OF VARIANCE REQUEST, VAR #86-27. BY GARY AND TOM OBRYCKI, PURSUANT TO CHAPTER 205.07.3. D. 1 OF THE FRIDLEY CITY CODE, TO REDUCE THE FRONT YARD SETBACK FROM 35 FEET TO 25 FEET: AND, PURSUANT TO CHAPTER 205.07.3. D. 3 OF THE FRIDLEY CIDE CODE, TO REDUCE THE REAR YARD SET- BACK FROM 25 FEET TO 21 FEET TO ALLOW THE CONSTRUCTION OF THREE SINGLE FAMILY DWELLINGS ON LOT 32, REVISED AUDITOR'S SUBDIVISION N0, 77, THE SAME BEING 105 71-1/2 WAY N.E.. FRIDLEY, MINNESOTA. MOTION BY MR. BARNA, SECONDED BY MS. SHEREK, TO OPEN THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE PUBLIC HEARING OPEN AT 8:30 -p.m. Chairperson Betzold read the Administrative Staff Report: ADMINISTRATIVE STAFF REPORT 105 - 71-1/2 WAY N.E. VAR #86-27 A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.07.3, D, 1, requires a front yard with a depth of not less than thirty-five (35) feet. Public purpose served by this requirement is to allow for off-street parking without encroaching on the public right-of-way and also for aesthetic consideration to reduce the building "line of sight" encroachment into the neighbor's front yard. Section 205.07.3, D, 3, requires a rear yard with a depth not less than 25% of the lot depth, with not less than 25 feet permitted 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: "There is a six foot high fence that runs along both parcels on their back lot line. This will give these homes a small -looking and cramped backyard appearance." C. ADMINISTRATIVE STAFF REVIEW: The parcel of land in question, Lot 32, Revised Auditor's Subdivision No. 77, is long and narrow with one single-family house located on it. This existing house is to be removed, the lot split in three, and single-family houses constructed on each of the three lots. Plans call for a front yard setback of 25 feet for the western -most two of the three proposed dwellings. Both of these dwellings will be 26 • APPEALS COMMISSION MEETING, SEPTEMBER 30, 1986 PAGE 8 feet in width. Enough room will be left for a rear yard depth of at least 21 feet. If the variances are approved, then the petitioner will have the parcels platted. Mr. Clark stated the petitioner has a contract to purchase this parcel contingent upon his being able to build three homes on this lot. He stated the property in question is north of the previous site of Riverwood School and on the end of 71-1/2 Way. Mr. Clark stated the petitioner wishes to remove the existing house and plat the property into three parcels in order to construct three new homes. He stated in order to build a 26 foot wide home, a front yard setback of only 25 feet could be provided and a 21 foot setback provided in the rear yard. Mr. Clark stated the Code requires a front yard setback of 35 feet and a rear yard setback of 25 feet. Mr. Clark stated the parcel widens towards East River Road so one of the lots would not require a variance. Mr. Obrycki, the petitioner, stated the existing home on this parcel is about 35 years old with no basement and low ceilings inside the home. He felt it would benefit the area if this house was removed and new homes constructed, as it is adjacent to the Riverwood School site where new homes are being constructed. Mr. Betzold stated the easterly most lot could be developed without any variances so it is the question if variances should be granted in order for houses to be constructed on the other two lots. Mr. Barna stated the question is really that the petitioner wants to develop a strip of property approximately 75 feet wide and that is really the hardship. Mr. Gordon Sangster, 7169 Riverview Terrace, stated he felt the addi- tion of these new homes in the area would be a tremendous improvement. He stated the petitioner does meet the requirements as far as lot size. Mr. Obrycki stated if they cannot build these homes, they would leave the existing house and sell off part of the property to a property owner who is interested in purchasing a portion in order to enlarge his lot. He felt, however, it would be more aesthetically pleasing to remove the home and construct three new homes. Mr. Betzold asked Mr. Sangster if he felt it would be better to have the petitioner sell some of the property to one of the neighbors who wishes to purchase it and only have two new homes built. W. Sangster stated he felt the existing home should be removed and three new homes constructed. r El APPEALS COMMISSION MEETING, SEPTEMBER 30, 1986 PAGE 9 No other persons in the audience spoke regarding these proposed variances. MOTION BY MR. BARNA, SECONDED BY MS. SAVAGE, TO CLOSE THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE HEARING CLOSED AT 8:50 p.m. Ms. Savage stated she looked at this property and would agree the existing house is not attractive for the area. She felt it would benefit the neighborhood to have it removed and new homes constructed. Mr. Barna stated it is no fault of the petitioner that this is a sub- standard lot,as far as lot depth,and is a problem to the developer. He stated the building "line of sight" would be maintained. Mr. Barna felt this wouldn't create a situation that would be detrimental to the neighborhood and the three homes would be an improvement. Mr. Sherek stated the hardship is obvious and the plan seems to be feasible. He stated he appreciated the input from the neighbors. Mr. Betzold stated almost anything that is done with this property would require some sort of variance. He stated he wanted to stress he wouldn't be receptive to future variances for decks or other additions. He felt the persons purchasing these homes have to under- stand they have to make the best of the situation. He stated even though the variance is approved, it isn't the final action as a lot split is required. MOTION BY MR. BARNA, SECONDED BY MS. SAVAGE, TO RECOMMEND TO CITY COUNCIL APPROVAL OF THE VARIANCES TO REDUCE THE FRONT YARD SETBACK FROM 35 FEET TO 25 FEET AND REDUCE THE REAR YARD SETBACK FROM 25 FEET TO 21 FEET TO ALLOW.GONSTRUCTION OF THREE SINGLE FAMILY DWELLINGS ON LOT 32, REVISED AUDITOR'S SUBDIVISION NO. 77, THE SAME BEING 105 - 71-1/2 WAY N.E. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. W. Betzold stated this item would go to the City Council on October 20, 1986. 3. CONSIDERATION OF VARIANCE REQUEST, VAR X686-28, BY HOMER MELTON, PURSUA19Ti� MI'"M K-3 zuiNINU) e 0 E.. FR IDLY . MXMR=A . • SE PTE 6 L] MOTION BY MR. BARNA, SECONDED BY MS. SAVAGE., TO OPEN THE PUBLIC HEAR \PUBLIC E VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE ING OPEN AT 8:57 p.m. Betzold read the Administrative Staff Report: ADMINISTRATIVE STAFF REPORT 5330 4TH STREET N.E. VAR #86-28 OSE SERVED BY REQUIREMENT: Section 205.0.3, D. 2a, requires a side yard ofto feet between any living area an�side property lines. Public purpose se ved by this requirement is t maintain a minimum of 20 feet between li ng areas in adjacent str tures and 15 feet between garages and living meas in adjacent struct es to reduce explosure to conflagration of fir e. It is also to alio for aesthetically pleasing open areas around resi ntial structure s Section 205.07.d, D, 1, r uures a fr t yard with a depth of not less than thirty-five (35) feet. Public purpose served by thisa irement is to allow for off-street parking without encroaching on a public right-of-way and also for aesthetic consideration to re c the building "line of sight" encroachment into the neighb 's `ont yard. B. STATED HARDSHIP: "We live in a two bedrFlom house with three teenage kids and need extra bedrooms very badly." C. ADMINISTRATIVE STAFF REVIEW: If these varia es are approved the petitioner ould remove a laundry room now loca ed 2 feet from the north line and dd a 20 x 22 foot addition ou the back and maintain a 7 foot dista\staff north as is the ex' ting location of the present house. The ne est structure to the north is more than 2from the pro ed addition. I he Appeals Commission approves this request tno stip- ations to suggest. Mr. Clark stated this property is located on 4th Street just nbf.th of 53rd Avenue. He showed a drawing of the existing house and the ront is approximately 26 feet from the curb. Mr. Clark stated the petitioner is requesting the variances in order to add a 20 x 22 foot addition to the back of his home, with this addition attached to the garage. Item #2, September 30, 1986 AIaMINISMATIVE STAFF REPORT 105 - 71 1/2 MAY N. E. VAR #86-27 Section 205.07.3, D, 1, requires a front yard with a depth of not less than thirty-five (35) feet. Public purpose served by this requirement is to allow for off-street parking without encroaching on the public right-of-way and also for aesthetic consideration to reduce the building "line of sight" encroachment into the neighbor's front yard. Section 205.07.3, D, 3, requires a rear yard with a depth not less than 25% of the lot depth, with not less than 25 feet permitted for the main building. Public purpose seved by this requirement is to provide rear yard space to be used for green areas which enhance the neighborhood. B. SWED HARUSHIP: "There is a six foot high fence that runs along both parcels on their back lot line. This will give these homes a small -looking and cramped backyard appearance." C. AU41NIS7RATIVE STAFF REVIEW: The parcel of land in question, Lot 32, Revised Auditor's Subdivision No. 77, is long and narrow with one single-family house located on it. This existing house is to be removed, the lot split in three, and single-family houses constructed on each of the three lots. Plans call for a front yard setback of 25 feet for the westerrr-most two of the three proposed dwellings. Both of these dwellings will be 26 feet in width. Enough roan will be left for a rear yard depth of at least 21 feet. If the variances are approved, then the petitioner will have the parcels platted. CITYOF FRIDLEY 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 Tues day,•'September 30, 1986 in regard to the following matter: Consideration of variance requests, VAR #86-27, by Gary and Tom Obrycki, pursuant to Chapter 205.07.3, D, 1 of the Fridley City Code, to reduce the front yard setback from thirty-five (35) feet to twenty-five (25) feet; and, pursuant to Chapter 205.07.3, D, 3 of the Fridley City Code, to reduce the rear yard setback from twenty-five (25) feet to twenty-one (21) feet to allow the construction of three single family dwellings on Lot 32, Revised Auditor's Subdivision No. 77, the same being 105 - 71 1/2 Way N.E., Fridley, Minnesota, 55432. 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. DONALD BETZOLD CHAIRMAN 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. • VAR #86-27 by Gary and Tom Obrycki 105 - 71 1/2 Way Gary and Tom Obrycki 6267 Kerry Lane N.E. Fridley, MN 55432 Martin Nisley 105 - 71 1/2 Way N.E. Fridley, MN 55432 Fredrick 5everni 205 Oneida Sty St. Paul, MN 55102 John J. Snider 81 Alden Circle N.E. Fridley, MN 55432 Jon H. Kroger 61 Alden Circle Fridley, MN 55432 Richard M. Helton 60 Alden Circle N.E. Fridley, MN 55432 Alfred E. Latour 80 Alden Circle N.E. Fridley, MN 55432 Richaid L. Smallwood 7180 East River Road N.E. Fridley, MN 55432 Larry I. Clanton 7210 East River Road N.E. Fridley, MN 55432 Barbara T. Friedhoff 7155 East River Road N.E. Fridley, MN 55432 Steven B. O'Quinn 7135 East River Road N.E. Fridley, MN 55432 MAILING LIST John M. Kehner 7129 Ashton Ave. N.E. Fridley, MN 55432 Arthur C. Hoff 100 Alden Circle N.E. Fridley, MN 55432 Darrel D. Madsen 7819 University Ave. N.E Fridley, MN 55432 John A. Dady 7165 East River Road Fridley, MN 55432 Edward J. Stellick 7181 East River Rd. Fridley, MN 55432 Community Credit Co. 310115 - 69th St. Edina, MN 55435 School District No. 14 6000 West Moore Lake Drive Fridley, MN 55432 Appeals 9/,16/ 86 City Council t a CITY OF FRIDLEY 6431 UNIVERSITYavE VAR IAN#k REQUEST FORM FRIDLEY, MN 55432 (612) 571-3450 VARIANCE # VARIANCE FEE �CoO •L��9 RECEIPT # a %3l� SCHEDULED APPEALS MEETING DATE PROPERTY INFORMATION PROPERTY ADDRESS 105 --?6L LEGAL DESCRIPTION:j1b�o�c�� LOT BLOCK TRACT/ADDITIONPlLefO%Sec/ gMT..19..S .5"q-44'0SAlo M• %% PRESENT ZONING !ZWie I77-114 Z VARIANCE MUEST(S): Attach a plat or survey of the property showing building, variance(s), where applicable. U, Section Uf the ode: ek 9e r i'O'TreAel -14 List specific hardship(s) which require the variance(s): �' I -At S a SL Tool #,:fy -te,,A T`v,*T k A fir e/ C A q -M49 eV J Ae-,k- ,,e,4 - w®La.4Ao✓e-e OWNER INFORMATION F NAME (please print) %/`doe%>G�`►-► �Y PHONE ADDRESS 6 0 ke69 aei L f1 -N2 SIGNATURE/.!'�lDATE PETITIONER INFORMATION NAME (please print) PHONE ADDRESS SIGNATURE DATE :PPEALS COMMISSION: APPROVED DENIED DATE CITY COUNCIL: APPROVED DENIED DATE &j La o N96 STIPULATIONS: VAR #86-27 MamOffice UBURBAN 6875 Highway N. NOINEERINGI Minneapolis, Minn, ti rluitjh Office Cit & Municipal Engineering • Sod Testate • Land Sumeytng • Land Planning 0Gil(Road rnsville, Minne- LJ for GARY OeTwsw SCP)iQ :.1 Inci-N a AO E'QQt W I ti` �OaOQe�t are - 39q 65 E rn W�a94r, ProPasad /. 9000Squo�¢e¢Q} G 24ia_ j b� p,�yt� •� Orp,. j J 1• 7-2� : r'' Ho%se n �AY 37165 sq. 0 " a gQar\rNgS ehown aro. as -sur' -,Q6 Lo+ 32 6 129, . iar a t � \b 10/b00s9.wa re 4 f ee+ 0 Pro_ pgj o u rc 3 n' •� Q nO o � lil ru RQvi5ad Aoditov-s Scubdivision•No 77 4y 10 13 -STAR #860 1 1, -.ff I Xdf Gary Obrycld t as 4 3q 30 `7 ae if PKWY. LU LOGAN z W K20 w� ° o 0 7 Z• '� -4 25' •24 X7 > 1*4 J 30 N 17Z "too 00 te +0 cc I. As /11 7410 7p/ Ar —v1 4Cf*re CLC - 35 firp 0 7/69P r /to �54 746 7tb 33119 /4f - w 30 7r54 w- UJI 60 3 115 714f 71 29 11 V lVtRz I . ��, - - vERWOOD j1111 RI 4 '4— ELF EMENTARY wo 4'� so, SCHOOL. Af Z.. —�-, r 40 I MA SORTS X 7/1? ,:' f:.:/ W SED W RE V1 9 >1/09 T/ 27 A 71 PT 4 84 - Ito RwE-RWOOD MANOR 1- HICK RY' -11 MARI N'S 10, z /6 11 — I I" - 3 A0 , /�z "I 1(.9 TERRACE 104 180 tw� lots cs rp e% AUDITOrr-5 4 ST fS Off SUD/ V 41 .0, '77 --`-23 L ,.00ATION MA 7029 711, MrW741 VAR Mil -a Main Office i� UBURBAN Ga Objru 6875 Minn Holis, M fv. NOINEER1140 Minneapolis, Mem,• D` _❑,--- - —INC. South Office 1101 Cliff Road r� ('1111 & Alunu•ipol Enguiernng 0 Sod Teatu►g (► Land Swuryurg 0 Land Planning Burnsville, Mmnc- U for GARY Owmw Sco1a :.1 Inc\-, - AO E'act Ar*A '4Qfm+ed . '7753 ry m t 9 r, r 6argl , Proposed �O Squarle Haus4 s / ..r f. I ¢+ d^ ,a9tr pnDP�sod IIy O I 1� , > n i 1 i Mb 1(7,('008"LiKq re �! _�a el" y „o0' rV lr 44�� 8¢orin9s ehown ara assumad LCA 3 2 RQvi5Qd A Aifors Subdivision -No 77