VAR 03-84Item #2, April 10, 1984
ADMINISTRATIVE STAFF REPORT
1601 - 73 1/2 Ave. H.E.
A. PUBLIC PURPOSE SERVED BY REQUIREMENT:
Section 205.07.3.D3(b) requires detached accessory buildings to be setback a
minimum of 3 feet from a side property line.
Public purpose served by this requirement is to provide space between
adjacent structures to reduce conflagration of fire and to limit the
condition of crowding in a residential neighborhood.
Section 205.07.3.D3(a) requires a minimum rear yard setback for the main
building of 1/4 the lot depth with not less than 25 feet permitted or more
than 40 feet required.
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:
"The addition is needed for an extra bedroom for our in-laws and the
swimming pool variance is needed as the present deck is used little due to
seasonable conditions."
C. ADMINISTRATIVE STAFF REVIEW:
The lot to the rear of the petitioner's lot, faces Onondaga Street, is 190.7
feet deep, and the rear yard setback for this adjacent lot is 111 feet.
The petitioner's lot is very shallow: 85.5 feet. The petitioner, in his
letter attached to his application, stated that he offered to buy some of
his neighbor's rear yard, however the neighbor declined.
If the Board moves to approve this request, the staff has no stipulations to
suggest.
CITY OF FRIDLEY
6431 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA 65432
TELEPHONE ( 612)571-3450
CITY COUNCIL May 24; 1984
David Helman
1601 73 1/2 Avenue N. E.
Fridley, Mn 55432
Dear Mr. Helman:
ACTION TAKEN NOTICE
On May 7, 1984 , the Fridley City Council officially
approved your request forvariance o reduce the rear yard setback from 25 to 8.5 ft.
with the stipulations listed below. n deny a variance or re uc ion of the side
yard setback from 3 ft. to 2 ft.
No stipulations.
If you have any questions regarding the above action, please call the Planning
Department at 571-3450.
Sincerely,
JAMES L. ROBINSON
PLANNING SPECIALIST
JLR/de
Please review the noted stipulation, sign the statement below, and return one
copy to the City of Fridley.
Concur with action taken.
Uf
CITY OF FAIOLEY, SUBJECT
6431 UNIVERSMY AVE. NE.
FAIOLEY, MN. 58432 g6jo 871-3460
VARIANCES
ADDRESS I ®1- - to E - DATE
APPEALS COMMISSION: APPROVED DISAPPROVED DATE NO.
CITY COUNCIL REVIEW: REQUIRED: AYES
CITY COUNCIL:
STIPULATIONS:
APPROVED DISAPPROVED DATE NO.
NAME "'ID L' ISM �-(E�mAK) FEE RECEIPT No. ,'
LOT NO. BLOC_ K NO. TRACT OR ADDITION
LEGAL DESCRIPTION:
VARIANCE•REQUEST(S): (Attach plat or survey of property showing building, variances,
etc., Rwher Rplicable)
LO
Section(s) of the City Code:
List specific hardship(s) which requires the variance(s):
. �� �.x� ,���—owl.` .��►.R-a-t�a-� `��y-' `�,� 1...o.A.?a..3 0
DATE SIGNATURE
ADDRESS Z
®� -17A— ✓ 1e- lV �a ,C` TELEPHONE NO D �4
VARIANCES FOR CITY USE ONLY
9 March 30, 1984 --�
Board members notified of meeting by
date notified, and •Yes" or 'J:o' for plans to attend hearing. List members,
Name' Plan
• p�
Patricia Gabel 3-30R84� To Attend
C1Tev Rmvnn
Jean Gerou
Donald Betzold
James Plemel
Person making appeal and
notified:
ng property owners having property within 2o0
t
om
Name
Date Phone or Mail
By Mfh
Notified
LMr, David Helman, 1601 - 732 Avenue N.E._ _ 3-30-84 Mail
M/M Guy Halvorson, 1618'Onondaga St. •
-MjM Carl Gabriel, 1590 Onondaga St,
M/M Vincent Tappe, 1600 Onondaga St.
M/M Lavern Edson, 1580 Onondaga St.
M/M Steven Neisen, 1611 - 732 Ave. N.E.
M/M Joseph Cemensky, 1640 732 Ave, N,E,
M/M Harold Holmstrom, 1581 R 732 Ave. N,E.
"
M/M Charles Tiedeken, 1591 732 Ave, N.E,
Item #2, April 10, 1984
ADMINISTRATIVE STAFF REPORT
1601 - T3 1/2 Ave. N.E.
A. PUBLIC PURPOSE SERVED BY REQUIREMENT:
Section 205.OT.3.D3(b) requires detached accessory buildings to be setback a
minimum of 3 feet from a side property line.
Public purpose served by this requirement is to provide space between
adjacent structures to reduce conflagration of fire and to limit the
condition of crowding in a residential neighborhood.
Section 205.OT.3.D3(a) requires a minimum rear yard setback for the main
building of 1/4 the lot depth with not less than 25 feet permitted or more
than 40 feet required.
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:
"The addition is needed for an extra bedroom for our in-laws and the
swimming pool variance is needed as the present deck is used little due to
seasonable conditions."
C. ADMINISTRATIVE STAFF REVIEW:
The lot to the rear of the petitioner's lot, faces Onondaga Street, is 190.T
feet deep, and the rear yard setback for this adjacent lot is 111 feet.
The petitioner's lot is very shallow: 85.5 feet. The petitioner, in his
letter attached to his application, stated that he offered to buy some of
his neighbor's rear yard, however the neighbor declined.
If the Board moves to approve this request, the staff has no stipulations to
suggest.
All
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CITY OF FRIDLEY
6431 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA 55432
NOTICE OF PUBLIC HEARING
is hereby given that the
:onduct a Public Hearing in
Northeast at 7:30 p.m. on
►ing matter:
TELEPHONE ( 612)571-3450
March 30, 1984
Appeals Commission of the City of Fridley
the City Council Chambers at 6431 University
Tuesday, April 10 ,1984 in regard to the
Request for variances pursuant to Chapter 205 of
the Fridley City Code, to reduce the side yard
setback for an accessory use from 3 feet to 2
feet for the construction of a swimming pool, and
to reduce the rear yard setback from 25 feet to
8.5 feet to allow the construction of a 15 x 27
foot room addition, located on the West 96 feet
of that part of the South 2/3 of Lot 4, Auditor's
Subdivision No. 108, Anoka County, Minnesota,
which lies North of the South line of the North
half of said Lot 4. Subject to road easement
for 73, Avenue Northeast, the same being 1601 -
73, Avenue N.E., Fridley, MN 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.
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.
APPEALS COMMISSION MEETING, APRIL 10, 1984 PAGE 4
penalize them because they happen to be on the largest piece of property
in the City. He did not think it would offend the intent of the sign
ordinance to allow tfiis sign to be put in place.
Ms. Gabel stated she also agreed. In spite of the volume of business
generated by Target, it is reasonable and valid that Citgo would like to
have their own identification. As Mr. Betzold had stated, if they owned
the property, they would definitely be entitled to put up a sign.
MOTION BY MR. BARNA, SECONDED BY MS. GEROU, TO RECOMMEND TO CITY COUNCIL
APPROVAL OF A REQUEST FOR VARIANCE PURSUANT TO CHAPTER 214 OF THE FRIDLEY
CITY CODE TO INCREASE THE SIGN AREA FROM 216 SQUARE FEET (VARIANCE APPROVED
BY COUNCIL ON DECEMBER 20, 1982) TO 264 SQUARE FEET TO ALLOW THE SERVICE
STATION TO HAVE A 6 FT BY 8 FT. SIGN ON TARGET'S SECOND PYLON SIGN, LOCATED
ON PART OF LOTS 10, 11, AND 12 AUDITOR'S SUBDIVISION NUMBER 155, THE SAME
BEING 759 53RD AVENUE N.E.
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 May 7.
2. REQUEST FOR VARIANCES PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY CODE TO
MOTION BY MR. BARNA, SECONDED BY MS. GEROU, TO OPEN THE PUBLIC HEAPING.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE
PUBLIC HEARING OPEN AT 7:50 P.M.
Chairperson Gabel read the Administrative Staff Report.
ADMINISTRATIVE STAFF REPORT
1601 - 73 1/2 Ave. N.E.
A. PUBLIC PURPOSE SERVED BY REQUIREMENT:
Section 205.07.3.D3 (b) requires detached accessory buildings to be
set back a minimum of 3 feet from a side property line.
Public purpose served by this requirement is to provide space between
adjacent structures to reduce conflagration of fire and to limit the
condition of crowding in a residential neighborhood.
APPEALS COMMISSION MEETING, APRIL -10,'1984 PAGE 3
stated that besides gaoline, the store sells pop, cigarettes, automotive
supplies, and candy. There is no plan for any future expansion.
Ms. Gabel asked what Mr. Cardinal anticipated for messages in their
message center.
Mr. Cardinal stated they would advertise specials on pop and candy, etc.
There would be no advertising for just a product and there would be no
outside advertising.
Mr. Cardinal stated they are just hoping to increase their volume with the
new sign. Right now their volume is very low. There is a sign on one of
the poles that supports the canopy that advertises the gas prices and that
cannot be seen until you drive into the lot or are passing the station.
Ms. Gabel asked if they would be telling somewhere on the signage about
the credit cards they accept.
Mr. Cardinal stated the sign on the door tells about the three credit cards
they accept. That would probably be the only sign they would have regarding
credit cards.
Ms. Gabel asked if Mr. Cardinal felt the Citgo sign was going to increase
their business.
Mr. Cardinal stated that right now people don't know they are there, and
that this is a Citgo station until they drive into the lot. The Q gas
station on the corner of 53rd and Central has a sign that identifies it as
a "Q" station to the public. At this time, Citgo does not have that identi-
fication to the public.
MOTION BY MR. PLEMEL, SECONDED BY MS. GEROU, TO CLOSE THE PUBLIC HEARING.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC
HEARING CLOSED AT 7:45 P.M.
Mr. Plemel stated he could understand why Citgo would like to identify
their product and their station, and he would be in favor of this sign
request.
Mr. Barna stated that because of the size of the area (especially the
parking area) and the distance to the existing Target sign at the opposite
corner diagonally, he did not think there would be that much additional
signage for that volume of space. There were really no other development
areas this large in the City, and this is the only place with an auxiliary
gas station, so he did not think they would be setting a precedent by
granting this request.
Mr. Betzold stated he agreed. They have a right to let people know they
exist; and if Citgo owned this particular piece of property, they would go
ahead and put up the signage anyway. He did not think the City should
APPEALS COMMISSION MEETING, APRIL 10, 1984 PAGE 5
Section 205.07.3.D3 (a) requires a minimum rear yard setback for the
main building of 1/4 the lot depth with not less than 25 feet permitted
or more than 40 feet required.
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:
"The addition is needed for an extra bedroom for our in-laws and the
swimming pool variance is needed as the present deck is used little due
to seasonable conditions."
C. ADMINISTRATIVE STAFF REVIEW:
The lot to the rear of the petitioner's lot faces Onandaga Street, is
190.7 feet deep, and the rear yard setback for this adjacent lot is
111 feet.
The petitioner's lot is very shallow: 85.5 feet. The petitioner, in
his letter attached to his application, stated that he offered to buy
some of his neighbor's rear yard; however, the neighbor declined.
If the Board moves to approve this request, the Staff has no stipulations
to suggest.
Mr. Clark stated he could not add much to the staff report. He stated when
Mr. Helman was in the office, Staff suggested he contact his neighbor to
attempt to buy some additional land for his lot. The petitioner did make
that offer. The neighbor did not really object to the variance, but did
not want to sell any of his land.
Ms. Gabel asked the petitioner, Mr. Helman, to explain to the Commission
what he was attempting to do and why he needed these variances.
Mr. Helman stated the 15 ft. deck extends out from the house already. They
received a permit for the deck last year. So, they are not going to be
using up any more space out from the back of the house. He asked for 17` ft.
in width because he was not sure how things were going to work. The aduition
may not be that wide. As far as the pool is concerned, on his lot there
is a sewer line that runs on the west side of the lot, so the pool had to go
in on the east side. The pool will be 16 ft. by 32 ft. They would rather
have the pool closer to the fence than to the addition, and that is the
reason they located the pool 2 ft. from the fence.
Ms. Gabel asked how far the pool would be from the house.
Mr. Helman stated it would be 6-7 ft. He stated the maximum height of the
pool will be 4 ft. above ground because one end of the pool is sunk into
the ground. If more of the pool can be sunk into the ground, the height
APPEALS COMMISSION MEETING, APRIL 10, 1984 PAGE 6
may only be 30 inches. There will be a 6 ft. fence and decking around the
pool. With the deck, it will be 2 ft. from the fence on the east side.
Ms. Gerou asked how far the house on the east side was from the lot line.
Mr. Clark stated the house on the east side was 11? ft. from the lot line.
Mr. Barna asked if the addition would be used as a living area for the
in-laws or a recreational area.
Mr. Helman stated there was a room in the basement they presently use as
a recreational area. That could be used as a bedroom but would eliminate
the family room. It is their intention to use the room below the enclosed
deck as a bedroom for his in-laws. The room would only be used -2-3 days a
week when his father-in-law was in the area on company business. His in-laws
own a lake home so they will be at their lake home five days a week.
Ms. Gabel stated that if Mr. Helman installed a 16 ft. by 24 ft. pool or
shifted the pool over one foot, he would not need a variance.
Ms. Gabel asked if Mr. Helman planned to install cooking facilities in the
addition in the basement.
Mr. Helman stated they would not.
MOTION BY MR. BARNA, SECONDED BY MS. GEROU, TO CLOSE THE PUBLIC HEARING.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC
HEARING CLOSED AT 8:10 P.M.
Ms. Gerou stated she felt this was trying to cram too much into the back
yard, and Mr. Helman could move the pool over one foot and not need the
one variance.
Mr. Betzold stated he had no trouble with the variance from 25 ft. to 8.5 ft.
for the room addition. Even though a foot is a foot, it was crowding too
much in the back yard, and he would not be in favor of the variance from
3 ft. to 2 ft. for the construction of the pool.
Mr. Barna agreed. The one foot one way or the other wasn't much difference,
but it would be easier for Mr. Helman to do that and not have a variance
on the books. He would prefer not to have the pool 2 ft. from a lot line.
Ms. Gabel stated she basically agreed with what had been said. More
importantly than the fact that one foot doesn't make much difference one
way or the other was the fact that there really wasn't any hardship to
grant that variance for one foot. In order for the Commission to grant a
variance, the petitioner has to prove there is a hardship, and she couldn't
see what hardship there could possibly be in this case. She was in favor
of the variance for the addition as she could understand the need for that.
APPEALS COMMISSION MEETING,'APRIL'10,'1984 PAGE 7
MOTION BY MR. BETZOLD, SECONDED BY MR. BARNA, TO RECOMMEND TO CITY COUNCIL
THE FOLLOWING: (1) THE DENIAL OF A VARIANCE PURSUANT TO CHAPTER 205 OF
THE FRIDLEY CITY CODE TO REDUCE THE SIDE YARD SETBACK FOR AN ACCESSORY
USE FROM 3 FT. TO 2 FT. FOR THE CONSTRUCTION OF A SWIMMING POOL: AND
(2) THE APPROVAL OF A VARIANCE PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY
CODE TO REDUCE THE REAR YARD SETBACK FROM 25 FT. TO 8.5 FT. TO ALLOW THE
CONSTRUCTION OF A 15 FT BY 27 FT. ROOM ADDITION, LOCATED ON THE WEST 96
FEET OF THAT PART OF THE SOUTH 2/3 OF LOT 4, AUDITOR'S SUBDIVISION NO. 108,
ANOKA COUNTY, MINNESOTA, WHICH LIES NORTH OF THE SOUTH LINE OF THE NORTH
HALF OF SAID LOT 4, SUBJECT TO ROAD EASEMENT, THE SAME BEING 1601 - 73 1/2
AVENUE N, E,
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 May 7.
3. RE(g�(UEST FOR VARIANCE PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY CODE TO
lZEDUCLTHE REAR YARD S BACK N A DOUBLE FRONTED LOT FROM 35 FEET -TU
MOTION BY MS. GEROU, SECONDED BY MR. BARNA, TO OPEN THE PUBLIC HEARING.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC
HEARING OPEN AT 8:13 P.M.
Chairperson Gabel read the Administrative Staff Report.
ADMINISTRATIVE STAFF REPORT
420 - 57th Place N.E.
A. PUBLIC PURPOSE SERVED BY REQUIREMENT:
5t
Section 205.07.3.D4 (a) requires the setback for a garage, located in
the rear yard on a double frontage lot, to be the same as for a front
yard (35 feet).
Public purpose served by this requirement is to allow for adequate open
rear yard areas should any of the buildings in a double frontage block
face the "rear".
B. STATED HARDSHIP:
"By adding 12 feet to the existing garage, I will be able to store my
boat inside rather than outside where it is exposed to weather and
vandalism.
.
APPEALS C0144ISSION MEETING, APRIL 10, 1984 PAGE 8
"The variance is needed due to the fact that my lot is double fronted;
on the south by 57th Avenue and on the north by 57th Place."
C. ADMINISTRATIVE STAFF REVIEW:
The previous owner of this property was granted a Special Use Permit
to build a 20 ft. by 22 ft. second accessory building (garage). The
garage was constructed in 1976 at the minimum setback of 35 feet. The
present owner would like to add 12 feet toward 57th Avenue; however, he
needs a variance to do so (from 35 feet to 23 feet).
The Zoning Code requires a 35 foot setback to all structures on double
frontage lots. There have been two previous variances granted in this
block; one at 390 - 57th Place in 1968 to construct a four stall garage
30 feet from the line, the other in 1969 for a 25 foot setback for a
two stall garage at 464 - 57th Place.
The homes on either side of the petitioner both face 57th Place; there-
fore if this request is granted, it would not result in any encroachment
into the front yard of a neighbor.
If the Board approves this variance request, the Staff has no stipulations
to suggest.
Mr. Clark showed an aerial photo showing the entire length of the block.
Ms. Gabel asked the petitioner, Mr. Burch, to explain his request.
Mr. Burch stated he has a new boat, and it is too big for the garage. He
would like to store it in the garage to keep it out of the weather and to
prevent vandalism. He would like to add 12 ft. onto his garage so he can
store both his car and his boat at the same time. He stated he has talked
to some of his neighbors, and they have no objections.
MOTION BY MS. GEROU, SECONDED BY MR. BARNA, TO CLOSE THE PUBLIC HEARING.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC
HEARING CLOSED AT 8:20 P.M.
MOTION BY MS. GEROU, SECONDED BY MR. PLEMEL, TO RECOMMEND TO CITY COUNCIL
APPROVAL OF REQUEST FOR VARIANCE PURSUANT TO CHAPTER 205 OF THE FRIDLEY
CITY CODE TO REDUCE THE REAR YARD SETBACK ON A DOUBLE FRONTED IAT FROM
35 FEET TO 23 FEET, TO ALLOW A 12 FT. ADDITION TO AN EXISTING GARAGE
(GARAGE WAS APPROVED BY SP #76-05 IN 1976) LOCATED ON ALL OF LOT 5 AND THE
EAST HALF OF LOT 4, BLOCK 5, CITY VIEW, THE SAME BEING 420 57TH PLACE N.E.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE MOTION
CARRIED UNANIMOUSLY.
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STATE OF MINNESOTA
CITY OF FRIDLEY
G68387
APPEALS COMMISSION PROCEEDINGS
In the Matter of A variance to reduce the rear yard
setback from 25 feet to 8':5 fegt for a 15' x 27' VARIANCE
room addition at 1601 7315 Avenue N.E.-
David J. Helma , Owner
The above entitled matter came before the Appeals Commission of the City of Fridley
and was heard on on the lot day of 8prjl , 19 84 , on a petition
for a variance pursuant to the City of Frid ey s oning r inance, for the
following described property:
the West 96 feet of that part of the South 2/3 of Lot 5, Auditor's
Subdivision No. 108, which lies north of the South line of the
North Half of said Lot 4, subject to road easement.
IT IS ORDERED that a variance be granted as upon the following conditions or
reasons:
Appeals Commission minutes of
April 10, 1984 and City Council
minutes of May 7, 1984
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 whola-.tbg. eof'.
IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at the4it ,oi Fridley,
Minnesota, in the County of Anoka on the /fes day of 19
DRAFTED BY:
City of Fridley
F.
6431 University Avenue N.E.
Fridley, MN 55432 SIDNEY C. N1- NN TY -CLERK
,Variances are valid for a period of one year following approval and'.shall be
considered void if not used within that period.
(SEAL)
APPEALS COMMISSION MEETING, APRIL 10, 1984 PAGE 4
penalize them because they happen to be on the largest piec of property
in the City. He did not think it would offend the ante of the sign
o 'nance to allow this sign to be put in place.
Ms. Gabe tated she also agreed. In spi of the volume of business
generated by et, it is reasonable valid that Citgo would like to
have their awn i ification. As Betzold had stated, if they owned
the property, they wo defin' y be entitled to put up a sign.
!NOTION BY MR. BARNA, SE DED MS. GEROU, TO RECOMMEND TO CITY COUNCIL
AYPROVAL OF A REQUEST OR VARIAN PURSUANT TO CHAPTER 214 OF THE FRIDLEY
CITY CODE TO INCRE THE SIGN AREA 216 SQUARE FEET (VARIANCE APPROVED
BY COUNCIL ON DE MBER 20, 1982) TO 264 FEET TO ALLOW THE SERVICE
STATION TO HA A 6 FT BY 8 FT. SIGN ON TARG 'S SECOND PYLON SIGN, LOCATED
ON PART OF S 10, 11, AND 12 AUDITOR'S SUBDIV ION NUMBER 155, THE SAME
BEING 759 3RD AVENUE N.E.
UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECDW,�D THE MOTION
CAJ*XED UNANIMOUSLY.
Ms. Gabel stated this item would go to City Council on May 7.
2. REQUEST FOR VARIANCES PURSUANT TO CHAPTER 205 OF THE FRIDL_EY CITY CODE TO
'ROAD EASEMENT FOR 73 112 AVENUE NORTHEAST.'THfSAME BEING 1601 73 112
AVENUE N.E. Request by David J. He man, 1601 - 73 /2 Avenue N.E.
Fridley, Mn. 55432)
MOTION BY MR. BARNA, SECONDED BY MS. GEROU, TO OPEN THE PUBLIC HEAPING.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE
PUBLIC HEARING OPEN AT 7:50 P.M.
Chairperson Gabel read the Administrative Staff Report.
ADMINISTRATIVE STAFF REPORT
1601 - 73 1/2 Ave. N.E.
A. PUBLIC PURPOSE SERVED BY REQUIREMENT:
Section 205.07.3.D3 (b) requires detached accessory buildings to be
set back a minimum of 3 feet from a side property line.
Public purpose served by this requirement is to provide space between
adjacent structures to reduce conflagration of fire and to limit the
condition of crowding in a residential neighborhood.
STATE, OF MINNESOTA
BOUNTY OF ANOKA
CITY OF FRIDLEY
CITY COUNCIL PROCEEDINGS
G68394
In the Matter of variance for rear yard for pool
VARIANCE
David Helman , Owner
1601 73 1/2 Avenue N.E.
The above entitled matter came before the City Council of the City of Fridley
and was heard on the 7th day of May , 1984 , on a petition
for a variance pursuant to t e City oey s oning Ordinance, for the
following described property:
The West 96 feet of the South 2/3 of Lot 4, Auditor's Subdivision No. 108
IT IS ORDERED that a variance be granted as upon the following conditions or
reasons:
See City Council minutes of May 7, 1984
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 an 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
have found the same to be a correct and true transcript of the whole thereof.
IN TESTIMONY WHEREOF, I have hereunto subscrib d my hand at heCity of Fridley,
Minnesota, in the County of Anoka on the % day of
DRAFTED BY:
City of Fridley ^=
6431 University Avenue N.E.
Fridley, MN 55432 SIDNEY IN CITY CLERK
Variances are valid for a period of one year following approval and shale be
considered void if not used within that period.
(SEAL)
9.
10.
11.
Mr. Flora stated the Appeals ommission has ended approval of this
variance.
MOTION by Councilman Hamernik concur with the recommendation of the
Appeals Camtission and grant a variance to increase the sign from 216
square feet to 264 squar eet to allow the service station to have a 6 foot
by 8 foot sign on T et's second pylon sign. Seconded by Councilman
Schneider. Upon oice vote, all voting aye, Mayor Nee declared the motion
carried una ' v.
telXi
i i _: 'AM 1 t1 i ]�� M yz_ !1 : iia k1 f OS),NVYi 111) 0 \
ice_ 1
"527,79) .,F$ M i M9 TINT, i 13,10) i : ► : /i1 /i\
1am; LA y zm 1.10)/x►t / \
Mr. Flora, Public Works Director, stated this is a request for variances to
reduce the rear yard setback for an addition to a dwelling and to reduce the
side yard setback for the construction of a swimming pool.
Mr. Flora stated the Appeals Commission felt the swimming pool could be
moved so it would be in compliance with the code, therefore, they
recommended denial of the side yard variance and approval of the variance
for the rear yard setback in order to construct the addition.
MOTION by Councilman Schneider to concur with the recommendation of the
Appeals C and ssion and grant the variance to reduce the rear yard setback
from 25 feet to 8.5 feet and to deny the variance for reduction of the side
yard setback from 3 feet to 2 feet. Seconded by Councilman Barnette. Upon
a voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
NOTION by Councilman Schneider to receive the minutes of the Planning
Commission Meeting of April 18, 1984. Seconded by Councilman Hamernik.
Upon a voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
MOTION by Councilman Barnette toviceive the minutes of the Charter
Com dsson Meeting of March 19, 14. Seconded by Councilman Schneider.
Upon a voice vote, all voting e, Mayor Nee declared the motion carried
unanimously.
MOTION by CouYliaamernik to receive the minutes of the Cable Tielevision
Cormission MeApril 19, 1984. Seconded by Councilman Schneider.
Upon a voice voting aye, Mayor Nee declared the motion carried
wumimously.
_8-
s
Nurffericat�,
Grantor
Grantee_
Recorded��
Checked --
Margin
Tr, lndex.
OFFICE OF COUNTY RECORDER.
STATE OF MINNESOTA, COUNTY OF ANOKK
hereby certify that the within instru-1
meet was f' i fhce for record
on the A.D., 19
,o'clock ,QUI., and wa duly recorded
in book page
�1 County Recorder
By 9 ,
Deouty
City of Fridley
6431 University Avenue NE
Fridley, Minnesota 55432
Attn: Planning Department
APPEALS C01MISSION MEETING APRIL 10 1984 PAGE 5
Section 205.07.3.D3 (a) requires a minimum rear yard setback for the
main building of 1/4 the lot depth with not less than 25 feet permitted
or more than 40 feet required.
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:
"The addition is needed for an extra bedroom for our in-laws and the
swimming pool variance is needed as the present deck is used little due
to seasonable conditions."
C. ADMINISTRATIVE STAFF REVIEW:
The lot to the rear of the petitioner's lot faces Onandaga Street, is
190.7 feet deep, and the rear yard setback for this adjacent lot is
111 feet.
The petitioner's lot is very shallow: 85.5 feet. The petitioner, in
his letter attached to his application, stated that he offered to buy
some of his neighbors rear yard; however, the neighbor declined.
If the Board moves to approve this request, the Staff has no stipulations
to suggest.
Mr. Clark stated he could not add much to the staff report. He stated when
Mr. Helman was in the office, Staff suggested he contact his neighbor to
attempt to buy some additional land for his lot. The petitioner did make
that offer. The neighbor did not really object to the variance, but did
not want to sell any of his land.
Ms. Gabel asked the petitioner, Mr. Helman, to explain to the Commission
what he was attempting to do and why he needed these variances.
Mr. Helman stated the 15 ft. deck extends out from the house already. They
received a permit for the deck last year. So, they are not going to be
using up any more space out from the back of the house. He asked for17 ft.
in width because he was not sure how things were going to work. The addition
may not be that wide. As far as the pool is concerned, on his lot there
is a sewer line that runs on the west side of the lot, so the pool had to go
in on the east side. The pool will be 16 ft. by 32 ft. They would rather
have the pool closer to the fence than to the addition, and that is the
reason they located the pool 2 ft. from the fence.
Ms. Gabel asked how far the pool would be from the house.
Mr. Helman stated it would be 6-7 ft. He stated the maximum height of the
Pool will be 4 ft. above ground because one end of the pool is sunk into
the ground. If more of the pool can be sunk into the ground, the height
I
APPEALS COMMISSION MEETING, APRIL 10, 1984 PAGE 6
may only be 30 inches. There will be a 6 ft. fence and decking around the
pool. With the deck, it will be 2 ft. from the fence on the east side.
Ms. Gerou asked how far the house on the east side was from the lot line.
Mr. Clark stated the house on the east side was 1% ft. from the lot line.
Mr. Barna asked if the addition would be used as a living area for the
in-laws or a recreational area.
Mr. Helman stated there was a room in the basement they presently use as
a recreational area. That could be used as a bedroom but would eliminate
the family room. It is their intention to use the room below the enclosed
deck as a bedroom for his in-laws. The room wou3d only be used 2-3 days a
week when his father-in-law was in the area on company business. His in-laws
own a lake home so they will be at their lake home five days a week.
Ms. Gabel stated that if Mr. Helman installed a 16 ft. by 24 ft. pool or
shifted the pool over one foot, he would not need a variance.
Ms. Gabel asked if Mr. Helman planned to install cooking facilities in the
addition in the basement.
Mr. Helman stated they would not.
MOTION BY MR. BARNA, SECONDED BY MS. GEROU, TO CLOSE THE PUBLIC HEARING.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC
HEARING CLOSED AT 8:10 P.M.
Ms. Gerou stated she felt this was trying to cram too much into the back
yard, and Mr. Helman could move the pool over one foot and not need the
one variance.
Mr. Betzold stated he had no trouble with the variance from 25 ft. to 8.5 ft.
for the room addition. Even though a foot is a foot, it was crowding too
much in the back yard, and he would not be in favor of the variance from
3 ft. to 2 ft. for the construction of the pool.
Mr. Barna agreed. The one foot one way or the other wasn't much difference,
but it would be easier for Mr. Helman to do that and not have a variance
on the books. He would prefer not to have the pool 2 ft. from a lot line.
Ms. Gabel stated she basically agreed with what had been said. More
importantly than the fact that one foot doesn't make much difference one
way or the other was the fact that there really wasn't any hardship to
grant that variance for one foot. In order for the Commission to grant a
variance, the petitioner has to prove there is a hardship, and she couldn't
see what hardship there could possibly be in this case. She was in favor
of the variance for the addition as she could understand the need for that.
APPEALS C014MISSION MEETING, APRIL -10, 1984 PAGE 7
J'IOTION BY MR. BET20LD, SECONDED BY MR. BARNA, TO RECOMMEND TO CITY COUNCIL
THE FOLLOWING: (1) THE DENIAL OF A VARIANCE PURSUANT TO CHAPTER 205 OF
THE FRIDLEY CITY CODE TO REDUCE THE SIDE YARD SETBACK FOR AN ACCESSORY
USE FROM 3 FT. TO 2 FT. FOR THE CONSTRUCTION OF A SWIMMING POOL: AND
(2) THE APPROVAL OF A VARIANCE PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY
CODE TO REDUCE THE REAR YARD SETBACK FROM 25 FT. TO 8.5 FT. TO ALLODI THE
CONSTRUCTION OF A 15 FT BY 27 FT. ROOM ADDITION, LOCATEDON THE DIEST 96
FEET OF THAT PART OF THE SOUTH 2/3 OF LOT 4, AUDITOR'S SUBDIVISION NO. 108,
ANOKA COUNTY, MINNESOTA, F9HICH LIES NORTH OF THE SOUTH LINE OF THE NORTH
HALF OF SAID LOT 4, SUBJECT TO ROAD EASEMENT, THE SAME BEING 1601 — 73 1/2
AVENUE N.E.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON LABEL DECLARED THE MOTION
CARRIED UNANIMOUSLY,
Ms. Gabel stated this item would go to City Council on May 7.
3. REgUEST FOR VARIANCE PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY CODE
LF
uest
, wcu o/Ln riace N.E., Fridley
MOTI MS. GEROU, SECONDED BY MXative
OPEN THE PUBLIC HEARING.
UPON A V E VOTE, ALL VOTING AYEABEL DECLARED TUE PUBLIC
HEARING O AT 8:13 P.M.
Chairperson G el read the AdminisReport.
ADMINIST-rIVE STAFF REPORT
420 57th Place N.E.
A. PUBLIC PURPOSE SERV Y REQUIREMENT:
Section 205.07.3. (a) quires the setback for a garage, located in
the rear yard o a double ontage lot, to be the same as for a front
/vandalism.
feet)
ure se served by this req ' ement is to allow for adequate open
reas should any of the bu dings in a double frontage block
"rear".
B.RDSHIP:
g 12 feet to the existing garage, I wi be able to store my
de rather than outside where it is expose to weather and
.
10.
11.
Mr. Flora stated the Appeals Commission ecommended approval of this
variance.
NATION by Counci an Ham to concur with the recommendation of the
Appeals cmadssion an ant the variance to increase the sign from 216
square feet to 26 re o allow the service station to have a 6 foot
by 8 foot si on Target's secon lion sign. Seconded by Councilman
Schneider. n a voice vote, all voti e, Mayor Nee declared the motion
carri 'mously.
2. VARIANCES TO REDI)CE '�' STnE YARD TO
Of A SWIWINGPOOT s*m u_FWC E REAR YAMMR-AN-."MM
DA HEM 1C01 73 1/2 AVENt1F N.E.:
Mr. Flora, Public Works Director, stated this is a request for variances to
reduce the rear yard setback for an addition to a dwelling and to reduce the
side yard setback for the construction of a swimming pool.
Mr. Flora stated the Appeals Commission felt the swimming pool could be
moved so it would be in compliance with the code, therefore, they
reco= ended denial of the side yard variance and approval of the variance
for the rear yard setback in order to construct the addition.
MOTION by Councilman Schneider to concur with the recommendation of the
Appeals Ccrwdssion and grant the variance to reduce the rear yard setback
f rom 25 feet to 8.5 feet and to deny the variance for reduction of the side
yard setback f rcm 3 feet to 2 feet. Seconded by Councilman Barnette. Upon
a voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
MOTION by Councilman Schneider to receive the minutes of the Planning
Commission Meeting of April 18, 1984. Seconded by Councilman Hamernik.
Upon a voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
MOTION by Councilman Barnette to receive the minutes of the Charter
Conmisson Meeting of March 19, 1984. Seconded by Councilman Schneider.
Upon a voice vote, voting aye, Mayor clared the motion carried
unanimously.
NOTION by Councilman rnik to r 've the minutes of the Cable Television
C nmdssion Meeti l 19, 1984. econded by Councilman Schneider.
Upon a voice vo , allAvolting aye, Mayor ee declared the motion carried
unanimously.
-8-
668387
BTU" ericat�
Grantor
---•"
Grant ��
Recorded
Checked
Margin "
Tr, Inde
OFFICE OF COUNTY RECORDER
STATE OF MINNESOTA, COUNTY OF ANOKA
hereby certify that the within instru
meet was ifi in th i, ce for record
on the A.D., 19_
NVII
!o'clock as duly recorded
in book,® page
JO— �l� W
County Recorder
Deputy
City of Fridley
6431 University Avenue NE
Fridley, Minnesota 55432
Attn: Planning Department
Mr. Flora stated the Appeals Commission has recommended-apv1 of this
variance.
MOTION by Councilman Hamernik.tQ:=c6K' r with the recommendation of the
Appeals Commission and grgnts l'� variance to increase the sign from 216
square feet to 264;,equ-a"re feet to allow the service station to have a 6 foot
by 8 foot sib n Target's second pylon sign. Seconded by Councilman
Schnei;Upon a voice vote, all voting aye, Mayor Nee declared the motion
capri6d unanimously.
2. VNRIANCES TO REDUCE THE SIDE YARD M ALLOW CONSTRUCTION
OF A S M414ING POOL AND REDUCE_ uFAR YARD FOR AN ADDITION.
' DAA
HUM, 1601 73i 2 AVE -WK —
Mr. Flora, Public Works Director, stated this is a request for variances to
reduce the rear yard setback for an addition to a dwelling and to reduce the
side yard setback for the construction of a swimming pool.
Mr. Flora stated the Appeals Commission felt the swimming pool could be
moved so it would be in compliance with the code, therefore, they
recommended denial of the side yard variance and approval of the variance
for the rear yard setback in order to construct the addition.
10.
11.
MDTION by Councilman Schneider to concur with the recommendation of the
Appeals Commission and grant the variance to reduce the rear yard setback
f ram 25 feet to 8.5 feet and to deny the variance for reduction of the side
yard setback from 3 feet to 2 feet. Seconded by Councilman Barnette. Upon
a voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
MOTION by Councilman Schneider to receive the minutes of the Planning
Commission Meeting of April 18, 1984. Seconded by Councilman Hamernik.
Upon a voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
MOTION --W Councilman Barnette to receive the minutes of the Charter
Commisson NWS pg of March 19, 1984. Seconded by Councilman Schneider.
Upon a voice vote;l voting aye, Mayor Nee declared the motion carried
unanimously.;
MOTION by Councilman Hamernik to receiVek-the minutes of the Cable Television
Commission Meeting of April 19, 1984. Seceded by Councilman Schneider.
Upon a voice vote, all voting aye, Mayor Nee &, #red the motion carried
unanimously.
-8-
economically feasible solution for four residential lots.
Councilman Schneider clarified their intention to build four single family
homes on Tract A. B, C and Lot 7.
Mr. Russell Burris, 1150 Mississippi Street, stated if four single family
homes are built on this property, he would be happy as that is what the
neighborhood wanted for the last 30 years.
Councilman Schneider asked Mr. Haggerty if he knew of any plans to coarse back
for other permits. Mr. Haggerty stated if this is approved, he was assured
by the owners they will be putting up single family homes.
MOTION by Councilman Schneider to approve Lot Split, LS #84-03 with the
following stipulations: (1) a park fee of $1,500 be paid; and (2) a 15 foot
bikeway/walkway easement on tracks B and 7 and Lot 7 be provided along
Mississippi Street. Seconded by Councilman Barnette. Upon a voice vote,
all voting aye, Mayor Nee declared the motion carried unanimously.
Mr. Peter Treuenfels, representing the Human Resources Commission, stated
the total funding recommended was $17,000 which was broken down as follows:
SACA, $5,000; Central Center for Family Resources, $3,700; Anoka County CAP,
$4,150; and Senior Citizens Center, $4,150.
MOTION by Councilman Schneider to. concur with the recommendation of the
Human Resources Commission to make a $17,000 allocation from CDBG funds as
follows: SACA, $5,000; Central Center for Family Resources $3,700; Anoka
County CAP, $4,150; and Senior Citizens Center, $4,150. Seconded by
Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
Kelm V1.11
Mr. Flora, Public Works Director, stated this is a request for a variance to
increase the size of a sign located at Target. He stated the gas station on
this property is leased to Citgo and they have requested a separate pylon
sign and the code limits the signs to one per development and Target
currently has a sign on this parcel.
Mr. Flora stated because of the distance involved, staff does not have any
objection to a separate pylon sign for the Citgo operation. He stated the
hardship is Citgo is leasing the gas station from Target and they need
exposure to Highway 65.
-7-