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VAR 05-82CITY OF FRIDLEY 6431 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA 55432 TELEPHONE ( 612)571-3450 May 14, 1982 NOTICE OF PUBLIC HEARING ,ice is hereby given that the Appeals Commission of the City of Fridley 1 conduct a Public Hearing in the City Council Chambers at 6431 University !nue Northeast at 7:30 p.m. on Tuesday, May 25th , 1982 in regard to the lowing matter: Consideration of a request for a variance pursuant to Chapter 205 of the Fridley City Code, to allow the construction of a deck and a new front door to to be 15.91 feet from the front property line instead of the required 25 feet, on Lot 31 and thb West 10 feet of Lot 32, Auditor's Subdivision No. 77, the same being 1:15 71 1/2 Way N.E. 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. e May 19, 1982 Appeals Commission City of Fridley 6431 University Ave. Fridley, Minnesota 55432 ATTN: Patricia Babel Chairwoman To Whom it May Concern: 'Ve request the city not to act on variorum for Donald Nielson until the land dispute over the east line of the Niplson's is settled. He is already extended approximately 9 feet over the line. Resp-ctfully n,7 tin. P. Nisley, ar. Ethel �ise ley 105 - 71 z Tay N.E. Fridley, Minnesota 55432 I A City of Fridley APPEALS COMMISSION MEETING - MAY 25, 1982 PAGE 1 CALL TO ORDER: Chairwoman Gabel called the May 25, 19829 Appeals Commission meeting to order at 7t30 p.m. ROIL CALLS Members Presents Patricia Gabel, Alex Barna, Jim Plemel, Jean Gerou Members Absents Leslie Coleman. Others Presents Kent Hill, City of Fridley Mrs. Cleveland, 1641 61st Avenue N.B., Fridley, MN Mr. Don Pertinen Mr. and Mrs. Donald Nielsen, 115 -?1* Way N.E., Fridley, NN APPROVE APPEALS COMMISSION MINUTES OF MAY 11, 1982s MOTION by Mr. Barna, seconded by Ms. Gerou, to approve the May 11, 19829 Appeals Commission minutes as Written. UPON A VOICE V07E9 ALL VOTING AYE, CHAIRWOMAN GABESL DECLARED THE MOTION CARRIED UNANIlIOUSLY. 1. MOTION by Ms. Gerou, seconded by Mr. Barna, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN GABEL DECLARED THE PUBLIC HEARING OPEN AT ?s28 P.M. ADMINISTRATIVE STAFF REPORT 1641 — 61st Avenue N.E. A. PUBLIC PURPOSE SERVED BY REQUIPM1ENTa Section 205.053, 4B, requires a minimum side yard -of 10 feet adjoining living areas. Public purpose served by this requirement is to maintain a minimum of 20 feet between living area in adjacent structures and 15 feet between garages and living areas in adjacent structures to reduce exposure to conflagration of fire. It is also to allow for aesthetically pleasing open areas around residential structures. APPEALS COMMSION MTING - MAY 25. 1982 PAGE 2 B. STATED HARDSHIP: "The recessed area behind the existing garage is the best location for a family room addition from a design point bf view. An addition to the rear of the main body of the house would greatly reduce the existing rear yard, because of the existing 34 foot deep house on this 120 foot deep lot. The addition would also have to be a full two story walkout because of the existing grade." C. ADMINISTRATIVE STAFF REVIEW: The existing attached garage is pulled ahead of the back line of the house leaving an approximate 12 foot by 20 foot recess. The proposal is to convert this recess to living area and add a deck onto the back of this addition. This would result in living area being 5 feet from the side lot line. The adjacent structure is built with the same design, only reversed, which results in the garages and recesses of both structures adjoining the common lot line. If both properties were to convert their recesses into living area, there would be a distance of 10 feet between living areas. If the Board approves this request we have no suggested stipulations, however some thought could be given to not installing any windows in the east wall. Mrs. Cleveland of 1641 61st Avenue N.E., Fridley, was present; Mr. Hill presented Commission members with an aerial photograph and building blueprints. Mrs. Cleveland explained that they wanted to put a family room on -behind,the garage, the dinette wall would be moved four feet so -it would be in m line with the family room, the garage roof would be angled and a porch and deck would be added to -the rear of the house. The Cleveland's chose adding on to the rear of the house instead of the side to keep the property aesthetically pleasing. In order to comply with the code requirement of 8% of square footage in windows a window will be put in one-half flight up from the family room in the stairway facing east. The porch in back will be a screened, one season porch. Mrs. Cleveland presented to the Commission members letters from three neighbors all of whom indicated they had no problem with the proposed addition. MOTION by Nr. Plemel, seconded by No. Gerou, to receive the letters from the neighbors into the record. UPON A VOICE VOTE, ALL VOTING AXE, CHAIRWOMAN GAESL DECIARED THE MOTION CARRIED UNANIMUSLY. Chairwoman Gabel asked if the east wall would be a fire wall and Mr. Hill indicated that would be a code requirement. Chairwoman Gabel asked if the siding would be the same and when construction would begin. Mrs. Cleveland said the siding would be the same and that construction would begin in mid-June or September depending on when the bids were received. APPEALS COM!lISSION MEETING - MAY 259.1982 PAGE 3 MOTION by Ms. Gercus seconded by Mr. Plemels to close the public hearing. UPON A VOICE VOTE, ALL VOTING AY39 CHAIRWOMAN GABEL DECIARED THE PUBLIC HEARING CIASED AT 7s5O P.M. Mr. Plemel questioned the hardship and Mrs. Cleveland responded that it was a lack of living area. Chairwoman Gabel added that she had seen the living area and it wast indeed, quite small. Mr. Barna noted that even with the addition the house would not be outsized for that particular area. MOTION b9 Mr. Barnat seconded by Ms. Gerou, to approve the variance request to reduce the side yard setback on the living side of a dwelling from the required 10 feet to 5 feetg to allow the construction of a family room behind the existing garage on Lot 279 rook 3. Briardale Additiong the same being 1641 61st Avenue N.E. with the stipulations that the window in the wall adjacent to the neighboring garage be eliminated by utilizing other energy efficient window devices in the north wall of the structure, - a fire wall be installed in the adjoining wall and a fire door exit be installed in the garage. UPON A VOICE V079. ALL VOTING AYE. CHAIRWOMAN GAB3L DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. MOTION by Ms. Gerouo seconded by Mr. Plemel, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE. CHAIRWOMAN GABEL DECIARED THE PUBLIC HEARING OPEN AT 7158 P.M. ADMINISTRATIVE.. STAFF *PORT 115 - 71% Way N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.154, 4, allows uncovered porches and steps to building entrances to extend not more than 10 feet into a required front yard. •_ Public purpose served by this requirement is to allow for aesthetic consideration to reduce the building "line of sight" encroachment into the neighbor's front yard. B. STATED HARDSHIP: "Need a front door and need above grade deck to use door." C. ADMINISTRATIVE STAFF REVIEW: The existing dwelling was built in 1956 with a 35 foot front yard setback. In 1976, the City improved 71)5 Way and 9 feet of this property was taken for street right of way, leaving the existing house 27.9 feet from the front property line. APPEAR COMMISSION MEETING - MAY 259 1982 PAGE 4 The proposal is to build a 12 foot deck and front step off the front of the dwelling which would leave a 15 foot front yard. The adjacent structures to the east and west are over 100 feet from this addition so this deck should not encroach into their "line of sight". There is an apparent problem over the westerly 10° -feet of Lot 32, Auditor's Subdivision #77. The City approved the lot split (L.S.#73-07) in June, 1973. For some reason the transfer of the 10 feet of land was never recorded, at the County. Therefore we have told Mr. Nielsen that the staff report would be, recommending to the Board that his petition be continued until proper recording has been accomplished. Mr. Nielson does have an attorney working on this.at this time. Mr. and Pro, Nislsezr'of 115-ni Way N.E.. Fridley, Minnesota@ were present. Mr. Hill provided the Commission members with an aerial photograph. Pursuant to the Staff Report, 11z. Hill indicated that it was his understanding that the property recording was not yet completed. Mr. Nielsen confirmed Mr. Hill's statement, but felt the recording should be completed within the next few days. Chairwoman Gabel Indicated that the Niselsen's request could be heard in the Interim, however no decision would be made until the legal description of the property is correct. Mr. Nielsen said they would like to put a deck on Us front of the house with one small step up and put a door in the front of the house. The door would be put in place of the two large front windows durrently in existence— They would like to place an open trellis roof over the deck for ° sun oontrol into the house. There are two exits now, one from the back of the house and the other on the car port side of the dwelling. Chairwoman Gabel asked if any alternatives to a front deck had been explored and if a contractor had been consulted. Mr. Nielsen indicated that he had done the preliminary plans himself. Ms. Gerou asked if they had considered an awning and Mrs. Nielsen said she didn't like them. Mr. Nielsen said they really needed the deck part. .for the entranoeg but the overhang for sun control could be optional. Chairwoman Gabel asked if there existed in Fridley many front decks and Mr. Hill responded that there were very few the majority of decks were side or back. MOTION by Ms. Gercu, seconded by Mr. Plemel, to close the pub7.ic hearing. UPON A VOICE VOTE, ALL VOT33G AYE, CHAIRWOMAN GABEL DECLARED THE PUBLIC WARING CLOSED AT 8528 P.M. MOTION by Mr. Barna, seconded by Ms. Gerou, to table the request until such time that the property dispute is settled and better plans on the proposed construction could be presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN GABEL DECLARED THE MOTION CARRIED UNANII)USLy, OTHER BUSINESSS Discussion of guidelines for variance request$ will be discussed at'the neat meeting. ADJOURNMENTS MOTION by Ms. Gerou, seconded by Mr. Barna, to adjourn. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN GABEL DECLARED THE APPEALS COMMISSION MEETING OF MAY 25, 19820 ADJOURNED AT MO P.M. Pat Von Mosch, Recording Secretary May 19, 1982 .r' Appeals Commission City of Fridley 6431 University Ave. Fridley, Minnesota 55432 ATTIT: Patricia Babel Chairwoman To Whom it ".'ay Concern: '7e rpquest the city not to act on variorum for Donald Nielson until the land dispute over the east line of the Nielson ' s is settled. He is already extended approximately 9 feet over the line. �RFsp-otfu'_ly T' tin P. 1313ley, Sr. C/ thel E. llisley 105 — 71 may 1T.E. Fridley, Minnesota 55432 Item #2, May 25, 1982 ADMINISTRATI.VE-STAFF REPORT 115 - 7112 Way N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.154, 4, allows uncovered porches and steps to building entrances to extend not more than 10 feet into a required front yard. Public purpose served by this requirement is to allow for aesthetic consideration to reduce the building "line of sight" encroachment into the neighbor's front yard. B. S TATE D HARDSHIP: "Need a front door and need above grade deck to use door." C. ADMINISTRATIVE STAFF REVIEW: The existing dwelling was built in 1956 with a 35 foot front yard setback. In 1976, the City improved 71111 Way and 9 feet of this property was taken for street right of way, leaving the existing house 27.9 feet from the front property line. The proposal is to build a 12 foot deck and front step off the front of the dwelling which would leave a 15 foot front yard. 0.00 The adjacent structures to the east and west are over 100 feet from this addition so this deck should not encroach into their "line of sight". There is an apparent problem over the westerly 10 feet of Lot 32, Auditor's Subdivision #77. The City approved the lot split (L.S.#73-07) in June, 1973. For some reason the transfer of the 10 feet of land was never recorded at the County. Therefore we have told Mr. Nielsen that the staff report would be. recommending to the Board that his petition be continued until proper recording has been accomplished. Mr. Nielson does have an attorney working on this at this time. CITY OF FRIOLUY, SUBJECT MINNESOTA co I FM APPLICATION .L)epo ti.umt)cr I f(ev Approved Uy uola , ADD E's r-ILATE ]COMPLETE REVIEW CHECKLIST RETURN TO PLANNING W1,06- 147- E 4- f7x X COMMENTS r7mw rl r7l=ll� V�'j lzwjy P,g,, 3, I I CITY DF r-PIDLEY, SUBJECT 6431 UNIVERSITY AVE. NE. VARIANCES 000 FRIOLCY, MN. 55432 L612I 671-3450 ADDRESS— DATE APPEALS COMMISSION: APPROVED DISAPPROVED€ �/a N0. CITY COUNCIL REVIEW: REQUIRED: Y_S-% CITY COUNCIL: OVED DISAPPROVED DATE NO. STIPULATIONS: NAME r FEE (oO e.!- RECEIPT No.IyAQ6 LOT NO. BLOCK NO. TRACT OR ADDITION LEGAL DESCRIPTION:. VARIANCE REQUEST(S): (Attach plat or survey of property showing building, variances, etc., where applicable) n.. List specific hardship(s) which requires the variance(s): DATE ADDRESS TELEPHONE NO 1% �% VARIANCES FOR CITY USE ONLY Board members notified of meeting by List members, (' date notified, and "Yes" or."No" for plans to attend hearing. 1 Plan t Name Date' To Attend Gabel Person making.appeai an nntified_ ng property owners having property within 200 feet _ Name _ Date Phone or Mail. By Whom Notified + John C. Be_aulipu 111 Aldan C:Lrc - 5/14/82 MAIL N.H. _M/M Elmer F. Pil ,rim 101- Alden Circle N.F. M/M .John J _ Sni d_ar�1J0Au Cd M/M Richard Hillsdale 61 Al -den Circle N -F_ M/M Richard M M/M Alfred E. Latour 80 Alden Circle N.E. M/M Arthur C. Hoff 100 Alden Circle N.E. Willemina K. Schrader 110 Alden Circle N.E. Patrick J. Jueneman-117 Alden Circl:e N.E. M/M Bruce H. Hanley 132 Alden Circle N.E. M/M Donald L. Nielsen 115 71 1/2 Way N.E. M/M Martin Nisley 105 71 1/2 Way N.E. M/M Richard L. Smallwood 7180 E River Rd N.E. M/M LeRoy A. Valley 125 Alden Circle N.E. M/M Arthur A. Boike 133 Alden Circle N.E. _ City of Fridley APPEALS COMMISSION METING - JUNE 15, 1962 PAGE 1 CALL M ORDERS Chairwoman Gabel called the June 151, 1982, Appeals Commission meeting to order at 7130 p.m. ROLL CALLi Mesbers Presents Patricia Gabel, Alex Barna, Jim Plemel, Jean Gerou Members Absents Leslie Coleman Others Presents Darrell Clark, City of Fridley Mr.. and Mrs. Harold H. Anderson, 5324 Altura Road, Fridley, MN Mr. and Mrs. Donald Nielsen, 115-nj Way N.E. Fridley, MN James H. Cross, 6271 Jackson Street N.E.. Fridley, MN Robert and Gail Rishish, 5312 Altura Road, Fridley, MN APPROVE APPEALS COMMISSION MINUTES OF MAY 25. 1982- by Ms. Gerou, seconded by Mr. Barna, to approve the May 25, 1982, Appeals Commission minutes as written. UPON A VOICE V072, ALL VOTING AYE, CHAIRWOMAN GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. PUblic Hearing Closed MOTION by Mr. Barna, seconded by Ms. Gerou, to remove the above item from the table. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN GABEL DECLARED THE MOTION CARRIED UNANINOUSLY. MOTION by Ms. Gerou, seconded by Mr. Barna, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN GABEL DECLARED THE PUBLIC HEARING OPEN AT 7132 P.M. ADMINISTRATIM STAFF REPORT 115 - 71's Way N.E. A. PUBLIC PURPOSE SERVED BY AYE UI Section 205.154, 4, allows uncovered porches and steps to building entrances to extend not more than 10 feet into a required front yard. Public purpose served by this requirement is to allow for aesthetic consideration to reduce the building "line of sight" encroachment into the neighbor's front yard. APPEALS COMMISSION =TING - JUNE 15. 1982 PAGE 2 H. STATED HARDSHIP: "Need a front door and need above grade deck to use door." C. ADMINISTRATIVE STAFF REVIEW: The existing dwelling was built in 1956 with a 35 foot front yard setback. In 1976, the City improved 71� Way and 9 feet of this property was taken for street right of way, leaving the existing house 27.9 feet from the front property line. The proposal is to build a 12 foot deck and front step off the front of the dwelling which would leave a 15 foot front yard. The adjacent structures to the east and west are over 100 feet from this addition so this deck should not encroach into their "line of sight". There is an apparent problem over the westerly 10 feet of Lot 32, Auditor's Subdivision #77. The City approved the lot split (L.S.#73-07) in June, 1973. For some reason the transfer of the 10 feet of land was never recorded at the County. Therefore we have told Mr. Nielsen that the staff report would be recommending to the Board that his petition be continued until proper recording has been accomplished. Mr. Nielson does have an attorney working on this at this time. Mr. and Mrs. Donald Nielsen, 115-n* Way N.E, , Fridley, MST were present. Mr. Nielsen briefly reviewed his variance request. Mr. Clark noted that the document that transferred ten feet to the east to Mr. Nielson's property was recorded on June 10, 1982. Chairwoman Gabel added that they were still discussing the same variance request. Chairwoman Gabel asked about the size of the boulevard and Mr. Clark responded that it was six feet. An aerial photograph was available as were current photographs. Mr. Nielsen explained that there is an existing brick patio, 12x14, which would be where the proposed deck is to be. In addition, a door will be added where windows presently exist. Chairwoman Gabel asked if they had spoken with any neighbors and Mr. Nielsen indicated they had and the neighbors had voiced no opposition. Mr. Barna asked what the use of the room with the escape window was and Mr. Nielsen said it is presently being used as a bedroom. Mr. Barna asked if escape would still be possible if the deck was added and Mr. Nielsen said it would be. HDTION by Ms. Gerou seconded by Mr. Plemel, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN GABEL DECLARED THE PUBLIC HEARING CLOSED AT 7s42 P.M. 1►____TION by Mr. Plemsl, seconded by Mr. Barna, to grant the variance to allow the construction'of a deck and a new front door to be 15.91 feet from the front property line instead of the required 25 feet. on Lot 31, and the west 10 feet of Lot 32. Auditores Subdivision No. 771 the same being 115-ni Way N.E. UPON A VOICE VOTE, WITH MESSRS. BARNA AND PLEMEL VOTING AYE, AND MS. GEROU AND CHAIRWOMAN GABEL VOTING NAY, CHAIRWOMAN GABEL DECLARED THE MOTION TIED, THUS FAILED. Chairwoman Gabel APMaS COMMISSION =TniG - JUNE 15. 15% PAGE 3 indicated, for the reoord,that she voted against the motion because of the precedence that might be set for building decks in front yards, which decision she felt should be made by the City Council, and because she was unsure that a hardship had been established. She explained that this item would be referred to the City Council and would appear on their agenda on July 12, 1982. 2. MDTION by Mr. Plemel, seconded by Mr. Barna, to open the public hearing. UPON A VOICE VOTE, ALL VOTING A18, CHAEMMAN GABEL DECIAM TBS PUBLIC HEARING OPEN AT 7#47 P.M. ADMINISTRATIVE STAFF REPORT 5312 Altura Toad N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.053, 4B, #4, requires a minimum 5 foot side yard adjoining an attached garage. Public purpose served by this requirement is to provide space between individual structures to reduce conflagration of fire, to provide access to the rear yard for emergencies and to limit the condition of crowding in a residential neighborhood. B. STATED HARDSHIP: "With existing side door steps, I need a 22 foot wide garage for adequate storage of cars and other accessories." C. ADMINISTRATIVE STAFF REVIEW: If the Board approves this request, the staff suggests that the Board stipulate that the north wall of the proposed garage have no openings and that the exterior wall be 5/8 inch type X gypsum board. Pf. and We. Robert Kishisb, 5312 Altura Road I.E., Fridley. M were present. Mr. Clark provided the Commission members with an aerial photograph, current pictures and proposed construction plans. Chairwoman Gabel asked if the reduction ofthe garage to a 12 foot x 14 foot storage area would allow the building to be large enough to be considered an accessory use so that a special use permit was requiradt Mr. Clark explained that the existing house with the proposed `addition almost meets the 25% maximum coverage so to stay under the 25% lot coverage that dwelling would have to be reduced. Mr. Kishish explained that he owned three vehicles, anoxmobile, boats, canoes all of which require more storage space than he presently has. Chairwoman Gabel asked about the windows APPEALS COMMISSION MZT33G - JUNE 15, 1982 - PAGE 4 In the plans and Mr. Kishish explained that he had spoken with W. Clark who said that wire glass could be put in a fire wall. Mr. Eishish indicated an Interest in using such windows as that would allow some light to come into the garage. The windows in the house would be blocked off and gyrpsumed. He added that a 13 a 16 foot dining area would be added to the rear of the house. Mr. Plemel asked who would be doing the work and Mr. Kishish said he would do the finishing himself but would contract for some of it. Chairwoman Gabel asked If Mr. Kishish might just hear the existing garage down and he said he would. Kr. Barna asked if he would have access to the back yard through a garage door and Mr.-Kishish said he would. Chairwoman Gabel asked if the same siding would be available and Mr. Kishish said it was but that he was considering stuccoing the exterior, but whatever he did he would maim it consistent. Mr.and Kra. Anderson, neighbors of the Kishish's, were asked to oome forward. Mrs. Anderson indicated that their complaint was that the addition would bring It too close to the proper4 line, especially with the roof overhang. She also felt that it would out the value of their property to which Chairwoman Gabel responded that Mr. Kishish's improving the looks of his property would increase, rather than decrease, the value of theirs. Mr. Kishish added that the City Planner said he would work with them on landscaping to loop the property looking nice. Mr. Anderson added that he felt it would also create a water Problem. Chairwoman Gabel said that even if the variance was denied Mr. Kishish could still build the garage just two feet over. She asked Mr. and Mrs. Anderson If they could discuss this with the Kishish's to maim it more palatable and Mrs. Anderson said they felt it was just too close. Appropriate draining should be used. NOTION by Ms. Gerou, seconded by Mr. Barna, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN GABEL DECLARED THE PUBLIC HEARING CLOSED AT 8i05 P.M. Chairwoman Gabel asked that it be noted in the record that a valid hardship had been established. She asked Mr. Clark if theawire glass windows were equivalent in safety with the fire wall and Mr. Clark said they were. MOTION by Mr. Barna, seconded by Mr. Plemel, that the Appeals Commission recommend to the City Council, through the Planning Commission, approval of the variance to reduce the side yard setback for an attached garage from the required 5 feet to 3 feet, to allow the construction of a 22 feet by 38 feet attached garage on let 329 Block 6, Carlson's Summit Manor South, the same being 5312 Altura Road N.E. with the stipulation that the north wall be a firewall with 5/8 inch type x gypsum board and that any windows in they north wall be fire safe steel mesh windows. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. a APPEALS COMMISSION METING - JUNE 15. 1%2 PAGE 1rDTI0N by W. Plemel, seconded by Ms. Gerou, to open the public hearing. UPON A VOWS VOTE, ALL VOTING AYE, CHAMMMAN GABEL DECLARED THE PUBLIC HEARING OPEN AT 8,10 P.M. ADMINISTRATIVE STAFF REPORT 6271 Jackson Street N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.053, 4A, requires a front yard setback of not less than 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. AND/OR Section 205.053, 4B, requires a minimum 10 foot side yard adjoining living area. Public purpose served by this requirement is to maintain a minimum of 20 feet between living areas in adjacent structures and 15 feet between garages and living areas in adjacent structures to reduce exposure to conflagration of fire. It is also to allow for aesthetically pleasing open areas around residential structures. B. STATED HARDSHIP: "Only location where I can build a garage of the size needed." C. ADMINISTRATIVE STAFF REVIEW: This home is located at the end of Jackson Street and there are no other hones that front on Jackson south of the petitioner. The petitioner wants to build an attached garage in front of their existing house and have the access door face north and utilize their existing driveway. They would also like to keep their existing garage of which they will be requesting a special use permit. If the front yard variance is granted and the special use permit denied, they will then need to convert their exiting garage to living area and they will need a side yard variance for it. If the Board approves these requests, we would recommend that no windows be placed on the north wall of the converted garage. Mr..James H. Cross, 6271 Jackson Street K.E., Fridley, Minnesota was present. W. Clark supplied Commission members with aerial and current photographs of the property. Mr. Clark explained that Mr. Cross wishes to construct a two car garage with the driveway off to the north and keep his existing garage for miscellaneous storage. To do this he wou3d need a speoial use permit for the second garage. Mr. Clark suggested that the Commission members deal with LsAch issues separately. Be said that the northerly neighbor had called and stated they would rather see the old garage left as a garage and not made into living quarters. Mr. Cross said that although they plan to build a double garage they APPEALS COMMISSION MEETING - JUNE 15, 1982 PAGE 6 Intend to install a single door and use it for storage. Chairwoman Gabel asked Mr. Cross to establish the hardship and be said he has three vehicles, a camping trailer, boat trailer and a single garage. Mr. Cross asked that the variance,request to reduce the side yard setback from 10 feet to 5 feet on the living side of the dwelling so the existing garage can be converted to living area be struck from the request. He stated that they either want to go ahead with two garages and obtain a special use permit or stay with what they have now. He added that the majority of the work would be done by themselves. Chairwoman Gabel indicated that there was no one who would be impacted by the visual change because of where the dwelling is located. NOTION by Mr. Plemel, seconded by Ms. Gerou, to close the public hearing. UPON A VOICE VOTE,ALL VOTING AYE, CHAIRWOMAN GABEL DECLARED THE PUBLIC HEARING CLOSED AT 8s27 P.M. The hardship established is the need for storage of vehicles. NOTION by Ms. Gerou, seconded by Mr. Plemel, to grant the variance request to reduce the front yard setback from the required 35 ft. to 11 ft. to allow the construction of a 22 ft. by 24 ft. attached garage, subject to the approval of a special use permit for a second assessory building at 6271 Jackson Street N.E., Fridley, Minnesota. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN GABEL DECLAR]8D THE NOTION CARRIED UNANIMUSLY. MOTION by Ms. Gerou, seconded by Mr. Barna, to deny the request to reduce the side yard setback from 10 feet to 5 feet on the living side of the dwelling, no the existing garage can be converted to living area on Lot 4, Block 1, Irene Henry Addition, the same being 6271 Jackson Street NE, based on the petitioners request and the neighbor's objections. UPON A VOICE VOTE, ALL VOTING AYE, CHAUMMAN GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. OTHER 13UST t SS s Chairwoman Gabel requested that Mr. Clark have available for each Commission member at the next meeting a copy of the memorandum dated August 2, 19799 from Mr. Hereck to the Fridley City Council which dealt with variance information. Chairwoman Gabel addressed the subject of having a handout available for people coming into Mr. Clark's office on how to prepare for an appearance before the Appeals Commission. Mr. Clark said that he does indicate to people how to prepare, but if the Commission desired he would draw up a short checklist for people to follow.(i.e. have other alternatives been considered, what is the hardship, and what to expect). ADJOIIR=T& SON by Mr. Barna, seconded by Mr. Plemel, to adjourn. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN GAHLL DECLARED THE APPEALS COMMISSION MEETING OF JUNE 150 19829 ADJOURNED AT 8&45 P.M. Pat Von Mooch Recording Secretary CIWWIL MEXMG CF JULY 12, 1982 PAGE 7 • Mayor Nee stated it came down to the point where the Council has direct responsibility to provide certain things and while other things may be nice, funds may not be available. Mr. Dick Young, a mmber of the Parks and Recreation Commission,- stated he was a little upset with the Council's action not to provide funding this year. Mr. Young called attention to the Jaycee's creed which states "service to humanity is the'best work of life". He stated he, ae`well as others present, have always been one of the fortunate to have the necessities in life. He stated he didn't` now if the Council fully realized the service the Southern Anoka Ca�mmu ,ty Assistance provides to Fridley. Be stated at Christmas in 1980, 244, families and 81 senior citizens were provided food and inl981, 318 families and 125 senior citizens were provided with food. He further stated in 19 ,80, 50 children received toys and in 1981, 567 children received toys trough this agency. He`also stated in February, March, and April of this year, 76 families from Fridley received some form of assistance. Mr. Young felt there is a dd""te need to provide this funding, as the people are the backbone of this ccmmunity,and their needs have to be met. Mr. Young felt if people don I t'\,, receive,, the assistance they need, there would be more problems with abuse and shoplifting. Mayor Nee stated, as long as tbi Human Resources Commission made a recommendation, it would certainly be part of the budget deliberations. Mr. Molly Freeman, representing., A=s. 'ndra House, stated she wished to reiterate the comments made by the She stated they are trying to diversify their sources for funding. he stated when you approach the private sector, one of the questions the" ask is what kind of community support they receive. She asked that the Council reconsider their action. A y' Mr. Peter Treuenfels, a mender of the Human�Aesources Commission, stated he was taken back with the Concil's timing and if they really wished to cut off any funding, the,organizations should have been notified sevedral months ago so they wouldn't have spent all the time filling out the applications. Mr. Treuenfels stated the Commission submitted'ha list of goals and objectives which was approved by the Council andT ne of these was the funding of service organizations. He stated, if 'be Council had been determined not to:fund these organizations, it would have been nice to let the Commission know that this was one of the goals an objectives they didn't have to consider. Mr. Treuenfel `stated on the question of whether or not the ity should be in the business of funding sevice organizations, he' felt these organization should be supported. He felt the City has an',ethical and moral obligation to fill the gap because of reduced funding by a Federal and State governments. COUNCIL MEEPING OF J= 12, 1982 pAGE8 Mr. Brian Goodspeed, a maker of the Human Resources Commission, stated last year when the Commission made their recoimmendations,for funding, the Council gave more then was recommended. He felt some picked up the logic that you have to give all or none and was willing to take the heat, if reductions were made. He stated he would like,jio second everything Barb Hughes and Mary van Dan stated. Mr. Goodspeed felt cuts could be made in other areas of the City so that funding could be provided to these agencies., Councilman Barnette stated he questioned w ether the City should be in this funding business. He stated he was concerned about how they solicit and knows everyone probably has a group they feel should receive funding, however, he felt the City shouldn't be, this business. Councilman Schneider stated there is,* question that all the agencies are worthwhile and needy organizations. He stated it comes down to the question on what is the City's rolk'and, traditionally, it hasn't been the role of the City to be involved in human service organizations. He stated they are looking at significant'cuts and it becomes a hard decision to make on where these cuts should',�e made. Councilman Schneider stated- matter what you do someone will feel the cuts so it comes dawn to a Xio!.rity question. Ms. Lee Carlson, North Suburban Family Services Center, stated unemployment goes hand-ice"hand with child°''abuse. She stated other cities have used different ways -to increase their"funding limit. Mr. Inman, City Clerk, stated he was *are of what Ms. Maxwell was referring to concerning levy limits and this has been done in Fridley.'",,,, Councilman Hamerni ystated he appreciated what these agencies have been kl doing and felt it'" was a very good cause. H&,stated it seems the underlying questl,n and concern was, if funding wat-',,,,going to be cut, why wasn't it done rlier. Councilman H ernik stated, when the Council look4,At these funding requests, it%' s a way for an organization to get started"and there was no guarantee far continuation and evaluation was to be on;a year-to-year basis. He,,;,stated he appreciated the comments and will take them into consideration.1141 Councilman Fitzpatrick stated he understands the Human'Resources ; Commission is going to proceed with making a reco:m w4ation regaQ rding the funding of these agencies and would agree with Mayor Nee that they are only/at the beginning of the budget process. He stated, when that recommendation comes through, it will be looked at again. Mayor Nee stated when the Human Resources Commission's recommendation ' is received, it will be considered and balanced against the other demands. 6B nV S FROM APPEALS M*nSSION MIlUM OF JUNE 15, 1982: VARIANCE M AId40W CONSTRUCPION OF A DECK AND NEW FRONT DO(Yr AT 115 71-1/2 WRY NE, DONALD NIELSEN: Mr. Flora, Public Works Director, stated this is a request for a variance for the property at 115 71-1/2 Way NE. Mr. Flora stated the existing building was constructed in 1956 with a 35 foot front yard setback, however, in 1976, 9 feet of this property was taken for street OOUNCIL MEETIIG OF JULY 12, 1982 PAGE 9 Mr. Flora stated the owner wished to build a 12 foot deck and front step off the front of the dwelling which would leave a 15 foot front yard. He stated the adjacent structures to the east and west are over 100 feet from this addition so this deck should not encroach into their "line of sight". Councilman Fitzpatrick stated the chief purpose of the ordinance is to keep people from projecting into the front yard and obstructing the view of neighbors. He stated he would agree with the Appeals Commission that they can't have a lot of decks in front yards and, in most cases, this would be true. He felt, however, this was a different case and the "line of sight" of the neighbors isn't being harmed and didn't believe the neighbors made any objection to this request. MDTION by Councilman Fitzpatrick -to approve the variance for the front setback to be 15.91 feet instead of the requires 25 feet to allow the construction of a deck and a new front door at 115 71-1/2 Way NE. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NDTION by Councilman Schneider to receive the Planning Commission minutes of June 23, 1982. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7 RDCEMM CABLE TELEVISION WOUSSION MINLn S OF JUNE 17, 1982: NOTION by Councilman Hamernik to receive the minutes of the Cable Television Commission Meeting of June 17, 1982. Seconded by Councilman eider. Upon a voice vote, all voting aye, Mayor Nee declared the mo ion carried unanimously. Mr. Dick Young asked about the fees being charged by Northern Cablevision and pointed,out the fees are lower in other suburbs. Councilman Hamernik stated he brought this concern to members of the Cable Television Commission and was assured that Northern is charging a fair fee fnr 4 -ha mar ri rim _ Mr..Flora, Public Works Director, stated they have been looking at the figures very closely and for, the amount of channels they receive, the residents are getting,a very good rate. 8 4RESOLUTION 1X3. 6171982 APPROVIM THE ­XrfflORIZING SIGNIM THE AGREEMENT ESTABLISHING HEDGING ODNDITIONS, WGE5'T HOURS OF MWYEES OF THE CITY OF FRIDLEY FIRE DEPARTME U FOR THE YEARS 13$2 AMID 1983: Mr. Bob Aldrich, Fire Chief, stated this is a continuation of the previous collective bargaining agreement with the International Association of Firefighters Local No. 1986. He stated the major change and modification is.this paticular agreement is a shorter work week. He stated by reassigning hours and re-alocating some of the economic resources, they are now providing manning in the station 24 hours a day, 5 days a week. He stated there are no changes beyond that and felt it was a.,fair contract for all parties concerned and would recommend approval. MOTION by Councilman Schneider to adopt Resolution No. 61-1982. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. COUNCIL MEETING OF JULY 12, 1982 PAGE 10 9 RESOLUTION NO. 62-1982 CMWIRMM APPOIlMEM To UIE CITY OF FRIDLEY COMMISSIONS FOR THE YEAR 1982: MOTION'by Councilman Fitzpatrick to adopt Resolution No. 62-1982. Seconded`by Councilman Schneider. Upon a voice vote; all voting aye, Mayor Nee declared the motion carried unanimously. 1 (�APPOINTMENT: CITY EMPIDYEE: MOTION by Councilman Schneider to concur with the following appointment by the City Manager', s EFFECTIVE NAME POSITION ;<JSALARY MM REPLACES Gale L. Anderson Office Assst. $935 July 12, Michele 604 North Lexington Pa'tay Police Dept. per 1982 Zwicky " Month Seconded by Councilman Barnette. Nee declared the motion carked 11 LICENSES: a voice vote, all voting aye, Mayor us1Y. MOTION by Councilman Barnetto'toprove the licenses as submitted and as on file in the License ClerJ's Office. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, V47or Nee declared the motion carried unanimously. x' 12 ESTIMATES: MOTION by councilman/Fitzpatrick to Palda & Sons, Inc:' 1462 Dayton Avenue St. Paul, MN 55104 FINAL Estimate No. 1-1982 Concrete Joint &I/Crack Resealing Project Twin City.Striping 4416 Highland Road Minnetonka, MiV 55343 the estimates as submitted. Estimate No. 1-1982 Street Striping $31,263.59 . «d v•. n �; u��i:.•� OWNER/CONTRACT PURCHASER: CONSTRDCTION DATE: R-1-14 L) ADDITIONS: P711A Z fz 7f CERTIFICATE OF OCCUPANCY: ISSUED: YES -ND -DATE A. ZONING ACTION: ORDINANCE NO: B. SPECIAL USE PERMIT(S): # C. LOT SPLIT(§) : # 19 02- ASL 1Q' re -on Ln ;3Q , D. VACATION (S) # ORDINANCE NO: E. RICE CREEK WATERSHED DISTRICT APPROVED: YES # ND # DATE F. VARIANCES APPEALS 0 CITY COUNCIL: G. EASEMENTS: Bikeway/walkway Street right-of-way Utility Drainage Alley Other (Specify) H. LICENSE(§) (List): APPROVED DISAPPROVED DATE W. APPROVED DISAPPROVED DATE ND. REQ'D DEPT RECD Date of Renewal: I. STIPULATIONS (List): DATE REQUIRED DATE COMPLETED L.z.,4-'1 7 QV&&&CAL _AP P �yEt fo-[?k 23 L% S� Qu LEIIQ&a J. MISCELLANEOUS: 7) A N Loc At 1 oti a aa.Artc coo+ aurros u (elm \ .. wars Wa s+Ara Juh H w r �� El r I � of A �•�: Y✓� �� Di �:�' S •® + �I �a•• u � tr.lr t.o�..swva Flnnl r• p I �l , . o�p�il pY. Wit. COLU101A t Ilatom aar�.�lat 1 C �+ • ®©© STREET MAP -CITY OF JNE FRIDLEY 0 3,333 6,666 A ArOM:A CC. V IIEM►rl OD. 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