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AF-V - 46004'�TY OF t��tmr�v � � '431 U1�IVERSITY AVF�1[JE N.S. , FRIDIEY� I�IlJ 55432 Ooaaunlity DeVelcptl�eIIt Depart�eslt (612) 571-3450 l•t: •: . «- a� �• N •;� �•,; 4i �� Pl�fJPE1tTY II�OR'N�Tlot�i - site plan required for subanittals; see attarhed �: �3 � �'I � �, �?�o� � �P � Isgal description: l�• 13 a' o?��' � � �. �-'1 % . . / � .,. . � - . . ,. � /�.i . - .. ..- .« _..- f• • • •", • • • � ��. � • �� / i / .a(v� �_ ..r .� ,1..��. .. � � i.�� -- �.� - . . •..- (Contract Purcxlasers: Fee Owners m�ust sign this form prior to proo�sing) � ��-;�. �_ r. ►• � � : u�� .��.� ��rr�r_titi�:ia� . S�/3 �- � � ,. ,, . . _ , . n� �"� 3 0 ��1 � �� i • � n� $� �,� b —�l � Fee: $loo.00 $ 60.00 �~ for residential properties Fermit vAR # � � — �� R+ecSeipt # `�/�� % 1 . � /. Application reoeived by: V Scheduled Appeals Oo�anission date: `� �l Z 1�' 1 Schedu].ed City Cauncil date: ��_�..�_��_��.....,�..��....,.��.�.�.�...�..�� ..................��.,........�.�.�.r.,.��»��.,,.,.�..�� / � ��N �F FRIDLEY COMMISSION APPLICATION REVIEW � �t�eER � � �a��►re F1LE DESCRIPTION � #91-30 48 8/30/91 9/17/91 132 Alden Circle N.E. _ _ rear yard setback COIII�'LETE REVIEW CHECKLIST AND RETURN TO PLANNING DEPT. ❑ BARB D. [�MIt�EL �NI. -�I MARK . OHN F. �� RREL Cl. LEON M. 9 G H �' . �� CHUCK � COMMENTS : tiid� a�� v�f- w�� 1Ulo �- e,�,�• �(�' �- �d d�-�e��,�►�,-�� , ��o�.enr' �A.a Ir�A.So,ti6.�o�?i 11�� Dfi �-Hi¢, �a �-�ie�e✓ Cou� Cons-�uci� a �i,e,i'�.-{�,�� ,Q,{o � d-0� i�- �w��' �,d.� � �ea.r �d � e��f ? • ho iw►-�at.c�- � a, ' ��. (� ; i �.�, --,� �-�� . � � � � ��-�� — ��-� � ��m � ��o=�� l._.�- �.�.�� -�(� o.k.: r ;� JhT,Je i� �u �-�' �r. � ;�+-- � LZ�-ZZ, _ �t�q-*.�i � = a�o ��-�-� i�� ! zx- 4� I (� b �� 2 � fS9 �/7/�� • �� a�c� �� ,� �� h �51� �,n C� �- � � �n � � � c � l � �� ?�n I�: ' � (� �.; h �o�'� . � � � �`n � � n �h �. � as �- � c�c�� , ��,Id t�. ��. �-�- `� �� C�wn �c�� l� e S }�� 5�� o� �� h�� e� �,c� � � `� c �-l�� -!� �z Q� c� �h � � � cr� �� o bv�� l � �n �� s �- � : G� � � Q � `�i1� e-, �' � �u s � , �� e�lc� � ; �cJh�,�--�-z� � � � -- `11 `��, UJ ��, c� 1� �� '� �/ � � ��7 �I q� 3 � 3u CERTII�ICATE �F S�RVEY KURTH SURVEYING, INC. 4002 JEFFERSO'V Si. N.E. CO�UMBIA HEtGHTS 55421 / 788-9769 ( N[R[�Y CiNT11Y TMAT TMIS fURVtV, ►LAN, OR RtrORT WAf ►RtrARLD �V MQ OR UNDER MY DIR[CT fUr[RVI�tON ANO TMAT 1 AM A OULY RSOIST[R<D 1./►ND �URV[YOI� UND[R TM[ LAWf Or TFI[ �TATt Or MINN[SOTA �" � / OATE j p f , -_: , � n .,._. t �._�-- --- ' _ SC A L E t " _ � �i. MINN TA ;REGISTRATION NO. 5332 0= IRON MONUMENT Fo:�D � �,:;; �D�^' ._, _.c �r�3-� �.,y ��., ,: { � Westerly 130 feet of Lat 3i�Revised Auditors Subdivision ,, � No. 77, Anoka County, Minnesota. Subject to a roadway �' easment over the westerly 25 feet. i� � -_' '_� -- __ ; _.�� 1 .: - _ _ . � r � __ , � ' ' I ��J , �. . � , � �-� C� �- - _ � ; -_ - __ _ � � _ _ __ ; -- . -,. ! l� ! ��..z� _. __. -_ , J _ _ _-� � r � � �: - - ��, . � 1_ � � {, � ,.. ,, 3o,�T � � � � � - Jt -� . � � _ . .Q �� i � ri. ' ` � _ - . . �' QJ � ��h-1 � ��- 4 __ � , _ � �r �%` � ` %�o,.j , I� .r u, �,1 _ � � � . �) - i ' Q i-� � �- �, � ' ^' :?7 ,�'�1r ; . l i ! 1 � " IJ�', U _./ � ; 1J Z? ,n � - 1 J �_ `- - -_ - _ _ � ;, /� _�� .... � �1_ t � 1� Y—' --_ � � I� � I � �� _ �/� `• � � �L�� `� \_1..' . ) � ` ` / ti � ^��' .. 4`�~_ ` ��_` • � PUBLIC HEARING BEFORE THE APPEAL3 COMMIS3ION Notice is hereby given that the Appeals Commission of the City of Fridley will conduct a Public Hearing at the Fridley Municipal Center at 6431 University Avenue N.E. on Tuesday, September 17, 1991, at 7:30 p.m. for the purpose of: Consideration of variance request, VAR #91-30, by Bruce and Suzanne Hanley: Per Section 205.07.03.D.(3).(a) of the Fridley City Code, to reduce the required rear yard setback from 25 feet to 18.7 feet, to allow the construction of a three-season porch, on the west 130 feet of Lot 31, Auditor's Subdivision No. 77, the same being 132 Alden Circle N.E., Fridley, Minnesota. Any and all persons desiring to be heard shall be given the opportunity at the above stated time and place. DIANE SAVAGE CHAIRPERSON APPEALS COMMISSION Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. Suzanne Hanley 132 Alden Circle N.D. Fridley, MN 55432 Fredridc Severni 7145 Rivezw�od. Drive Fridley, N�V 55432 Brandon Construction Co. 311 Sunrise Lane C7ian�lin, M[V 55316 R�sident / OHmer 7151 Riverwood Drive Fridley, 1�.V 55432 C�ry and �homas Qbrycki 105 - 71 1/2 Way N.E. Fridley, M[�TT 55432 Diane Natumvirh 100 - 71 1/2 Way N.E. Fridley, NN 55432 Resident / Owner 115 - 71 1/2 way N.E. Fridley, NYV 55432 Dolores Snider 81 Alden Circle N.E. Fridley, Ni�I 55432 MAII�l�TG LIST • VAR #91- 30 � 132 ALDIIV CIRCLE N.E. City Council City Manager Jon Kappes 61 Alden Circle N.E. Fridley, N�V 55432 Richard Melt�on 60 Alden Circle N.E. Fridley, P�I 55432 Alfred LatAUr 80 Alden Circle N.E. Fridley, MN 55432 Rpbert Poirier 7126 Rivennrood Drive Fridley, NYV 55432 Gifford Meyers 7120 Riverwood Drive Fridley, NIl�T 55432 Kenneth Tigue 7110 Rive�vood Drive Fridley, M[�! 55432 Donald Hallegren 148 - 71 1/2 Way N.E. F`ridley, NN 55432 'Ihcxnas Kirchner 142 - 71 1/2 Way N.E. Fridley, MLV 55432 l��ailed 9/6/91 Diane Savage 567 Rice Creek 'Ipxraoe Fridley, MLV 55432 Caiml Mahad�. 136 � 71 1/2 Way N.E. Fridley, NiV 55432 Michale Nbore 130 - 71 1/2 Way N.E. Fridley, Ni�T 55432 Dauglas Rasm�ussen 124 - 71 lf2 Way N.E. k'ridley, N�t 55432 Thomas Kupp 7130 Rivezwood Drive Fridley, NiV 55432 E].mer Pilgrim 1Q1 Alden Circle N.E. �'ridley, NIlV 55432 Arthur Hoff 100 Alden Circle N.E. Fridley, NflV 55432 Lynn Bergeron 11Q Alden Circle N.E. Fridley, NN 55432 'Ihan�s KirLSan 125 Alden Circle N.E. Fridley, NN 55432 Arthur Boa:ke Patricic Tuc.kner Carol Beaulieu 133 Alden Circle N.E. 117 A1den Circle N.E. 111 Alden Circle N.E. Fridley, N�I 55432 Fridley, NN 55432 Fridley, N�T 55432 � _ � J u Community Development Department G DIVISION City of Fridley DATE: October 3, 1991 � `� ' TO: William Burns, City Manager �, FROM: SUBJECT: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Variance Request, VAR #91-30, by Bruce and Suzanne Hanley; 132 Alden Circle Attached please find the above referenced staff report. The petitioner requests that a variance be granted to reduce the rear yard setback from 25 feet to 18.7 feet. The Appeals Commission voted 3-1 to recommend approval of this variance request to the City Council. Staff recommends that the City Council deny the request as the petitioners have an alternative which allows them to meet Code. MM:ls M-91-730 3N , � • • � STAFF REPORT APPEALS DATE sePtember 17, 1991 CITY OF PLANNING COMMISSlON DATE FRtDLEY CITY COUNCtL DATE ��r 7, 1991 AUTHOR MM/ls REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION SITE DATA SIZE DENSITY PRESENT ZONING ADJACENT LAND USES & ZONING UTILITIES PARK DEDICATION ANALYSIS FINANCIAL IMPLICATIONS CONFORMANCE TO COMPREHENSNE PLAN COMPATIBILITY WITH ADJACENT USES & ZONING ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMENDATION APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENDATION VAR #91-30 Bruce and Suzanne Hanley To reduce the rear yard setback from 25 feet to 18.7 feet 132 Alden Circle 8,494.5 sq. ft.; 17% current lot coverage; 18.9� proposed R-1, Single Fa¢nily Dwelling I�1, Single Family IT,velling Denial Approval • �2 SEC. ��TY -� � � � vJ �J "J `J � � � � � � / VAR ��91-30 � �ruce Hanley �O, T. 30, R. 2 4 OF FR/OLEY ;-� � � 8 � „ , ..,_ � , ,o -� '18� ■� � 9 � 44 �� "�a �2". �� i I � � I ' I•1� .{ ,� i'. � I, 3P LOCATION MAP � � i_ i � VAR 4�91-30 -Bruce Hanley 3Q i� i � I� i� I� I �' I �.z � � � � 3 � _.. ; ZONING MAP • _ _ C�IYOF FRIDLEY � FR[DLEY MUNICIPAL CENTER • 6431 UN[VERSITY AVE. N.E. FRIDLEY, MN 55432 •(612) 571-3450 • FAX (612) 571-1287 CITY COUNCIL ACTION TAKEN NOTICE _ __ _ -- -• _, , �. � . 8ruce ar.d Suzanne Har.ley 132 Alden Circle N.E. Fridley, MN 55432 ,... _ , � _ dear Mr. and Mrs. Hanley: October 8, 1y91 On October 7, 1991, the Fridley City Council officially approved your request for a variance, VAR #91-30, to reduce the required rear yard setback from 25 feet to 18.7 feet, to allow the construction of a three-season porch, on the West 130 feet of Lot 31, Auditor's Subdivision No. 77, the same being 132 Alden Circle N.E. If you have any questions regarding the above action, please call the Planning Department at 571-3450. Sincerely, Barbara Dacy, AICP Community Development Director BD/dn Please review the above, sign the statement below and return one copy to the City of Fridley Planning Department by October 22, 1991. , . 4 Concur with action taken • Staff Report � #91-30, 132 Alden Circle Page 2 � �� r� - �. � � "Imprave value; insects; privacy; expansion" r �� u •. Request � The petitioners request that a variance be granted to reduce the required rear yard setback from 25 feet to 18.7 feet in order to construct an enclosed three season porah. 'I�e request is for the west 130 feet of Ir�t 31, Auditor's Subdivision No. 77, the same being 132 Alden Circle. Site Ir�cated on the property is a single family dwelling with an attached two car garage. The rear yartl is fenced with a 7 foot high wood privacy fence. The property is zoned R-1, Si.ngle Family Dwelling, as are all adjacent properties. Analysis Section 205.07.03.D.(3).(a) requires a rear ya�i depth of not less than 250 of the lot depth with not less than 25 feet permitted or more than 40 feet required for the main buildirig. Public purpose sezved by this request is to pravide rear yard space to be used for green areas which e.ntiance the neighborhood. The petitioners are proposing to convert an existirig deck to a three season porch. (I)eGks are allowed to encroach 10 feet into the required setback area.) The proposed addition would not impact sight lines for traffic. The petitioners have reasonable use of the property without the proposed addition and have the alternative to build a detaGhed gazebo in the rear Y�• Reconmteridation As the petitioners have reasonable use of the property and also have an alte.rnative which would allaw them to meet Code, staff reccarnnends that the Appeals Cannnission reaoirnnend denial of the request to the City Council. Ant�eals Co�tunission Action The Appeals Ca�nnission voted 3-1 to reco�rmiend approval of the request to the City Council. City Council Reco�ndation Staff rec�unends that the City Council deny the request as the petitioners can meet the Code and have reasonable use of the property. 3R KURTH SURVEYING, INC. JEFFERSO'V Si. N.E. VAR 4�91-30 �-'/ ��v / IMBIA HEIGHTS 55421 788•976� ��Y Ci1�T1/Y THAT THIf �URV[V, rLAN, OR RtrCRT WA1 IR[/AR[D ■Y MQ OI� UNDER MY OIRECT SUKRVIlION •MAT 1 AM A OULY IKOIST[I�LD I,ANO �URVtYOR UND[R TM[ LAWf 0/ TM[ lTAT[ 0► MIMN[SOTA � . . � -.� ' � . . � „ , / DATE 101 ' ,°-�, , y �`�- K�� SCALE 1�� — Z �� IN TA jREGISTRATION NO. 5332 0= IRON MONUMENT Fo:r� i �'.:,r.D'�^•.,_� '..G :,f-.-('t ^..� �}..1 ._ < -� ' �`_-- _ - - I y � � � i � '_ � � .� 1 _ ;v ��I I, 4Jesterly 130 feet of L�t 31�Revised Auditors Subdivisior No. 77, Anoka County, Plinnesota. Subject to a road�vay easmeRt over the westerly 25 feet. -- � . . __ j -�� C: -- - - -- --� � --� - �.�� - --_ - �� _ _. - ' - �:� ,�' _ . F��„ � . � _ � � � _ 4�.: ; _ .yi !, -� 1r ;}. . , / 4 t� ' � l •�:"'' (+ { � _ _ '•�_ i�� ,�� i F� 1 L .:: �;, Y: . _ � U >> 1J �/� G- � j / �__ � �j , I � i 1 � � '�`` --- � '__ � � � 4 �� I � � i � 1 � 1 ' � ! .. �.��" -- .. . 11`��_�- �� . 3s SITE PLAN C J • APPEALS COMMISSION MEETING, SEPTEMBER 17, 1991 PAGE 4 Dr. Vos stated he did have because it is essentially There isn't anything unique possible only to go out to th designed originally, which is cannot be in the rear or on t he will vote in favor of the � (1) Skyline Veterinary Hospi City of Fridley; (2) There a owners of the buildings to the a large expansion, and they a: 48 feet. some difficulty with the hardship, hardship of economics and growth. about this property that makes it front, except how the building was that the waiting or reception area side of the building. He stated i iance for the following reasons: ta has been a good neighbor in the re no objections from the property so th and north; and (3) This is not -e eally only going from 55 feet to Ms. Savage stated she agreed. It i! the area in front of the building this amount of expansion is not go appearance or aesthetics of the sp a very attractive building and s well kept. She agreed that ig to have a big impact on the ;e. MOTION by Dr. Vos, seconded by Ms. Smith, to recommend to City Council approval of variance reque t, VAR #91-29, by Skyline Veterinary Hospital, per Section 205. 5.03.C.1 of the Fridley City Code, to reduce the required front yar setback from 80 feet to 48 feet to allow the construction of an a dition, on Lot 2, Block 1, Herwal Second Addition, the same being 6220 Highway 65 N.E. UPON A VOICE VOTE, ALL VOTING AYE, CHAIR�ERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOIISLY. Ms. McPherson stated this item will go t� City Council on October 7, 1991. 2• C ARIANCE RE UEST Per Section 205.07.03.D.(3).(a) of the Fridley City Code, to reduce the required rear yard setback from 25 feet to 18.7 feet, to allow the construction of a three-season porch, on the west 130 feet of Lot 31, Auditor's Subdivision No. 77, the same being 132 Alden Circle N.E. MOTION by Ms. Beaulieu, seconded by Ms. Smith, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 8:00 P.M. Ms. McPherson stated this property is located at of Alden Circle and 71 1/2 Way, north of the Subdivision. The property is zoned R-1, Single as are all surrounding parcels. 3V the intersection Riverwood Park Family Dwelling, • • APPEAI,S COMMISSION MEETING, SEPTEMBER 17, 1991 PAGE 5 Ms. McPherson stated the petitioners are proposing to enclose an existing open deck located off the rear of the dwelling unit in order to create a three-season porch. The Code does allow the encroachment of open decks and other facilities, such as vestibules and stairways, into the setback area. The proposed porch would not impact any sight lines from adjacent properties. The property to the east has a side/rear yard which faces the petitioners' property. Ms. McPherson stated the petitioners have an alternative to construct a detached gazebo which would serve a similar function as the three-season porch, and the petitioners do have reasonable use of the property without a three-season porch. Ms. McPherson stated that as the petitioners do have reasonable use of the property and have an alternative which allows them to meet Code, staff recommends that the Appeals Commission recommend denial of this request. Ms. McPherson stated the lot size is 8,494 sq. ft. Mr. Bruce Hanley, 132 Alden Circle, stated the lot is small. Basically, they would like to improve the value of the lot and use the space they have more effectively. The house is a bi-level house. The garage is on the south, and behind the garage is a cement patio. The existing deck is raised and off the master bedroom. They want to enclose the deck to alleviate heat loss problems because of the sliding glass doors, and they want to make more effective use of the house. A gazebo would not be a very practical alternative. A gazebo would be detached from the house and they would either have to go down the steps of the deck or go out the back garage door to even get to a gazebo. Mr. Hanley stated that it is about 39 feet from their lot line to the side of the neighbor's house to the east. They also have a letter from these neighbors, Gary and Melonni Schantzen, 115 - 71 1/2 Way, which states that they have no objections to the variance and the construction of the three-season porch. MOTION by Dr. Vos, seconded by Ms. Smith, to receive into the record a letter from Gary and Melonni Schantzen, 115 - 71 1/2 Way, dated September 17, 1991, stating they have no objection to the three-season porch proposed by Bruce and Suzanne Hanley. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED TIiE MOTION CARRIED UNANIMOUSLY. Mr. Hanley stated it would also be much more practical to wire the three-season porch than to try to wire a gazebo in the rear of the yard, Ms. Hanley stated a gazebo would also not be a three-season gazebo. 3W . • APPEALS COMMISBION MEETING. SEPTEMBER 17, 1991 PAGE 6 Mr. Hanley stated that regarding sight lines, the house most affected is 110 Alden Circle, and they have not expressed any objection. He stated the Riverwood Subdivision has very nice homes, and he believed this addition will add to the aesthetics of the neighborhood. Ms. Hanley stated the three-season porch will be constructed of the same building materials as the house and will look like an extension of the house. Dr. Vos asked if it is possible for a three-season porch to be built behind the garage over the existing concrete patio. Ms. Hanley stated that is not a practical alternative because the laundry room and a bathroom are on that side of the house. Mr. Hanley stated a porch behind the garage would also go over the exit door to the garage. MOTION by Dr. Vos, seconded by Ms. Smith, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON 3AVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:12 P.M. Ms. Savage stated she is going to abstain from any discussion and vote. Mr. Hanley is a criminal defense attorney and she is a prosecuting attorney and they have worked together on cases in the past. She would be more comfortable not being involved in any decisions on this variance request. � Ms. Beaulieu stated the petitioners live in her neighborhood. The hardship is because of the way the house was built on the lot. If the house faced 71 1/2 Way, then a variance would not be needed. She stated the property is always immaculate. The backyard is fenced, and she did not think anyone would even notice the three- season porch. She would vote in favor of the variance. Dr. Vos stated the neighbor to the east is approximately 39 feet from the petitioners' lot line and adding another 18 feet, that puts about 55 feet between the petitioners' house and the house to the east. As Ms. Beaulieu mentioned, part of the hardship is the way the house is situated on the lot, and if 71 1/2 Way was the front yard, the petitioners would not need a variance. The lot is also quite small. He stated he, too, would vote in favor of the variance request. Ms. Smith stated she agreed with both Ms. Beaulieu and Dr. Vos. 3X � • APPEAL3 COMMISSION MEETING, SEPTEMBER 17. 1991 PAGE 7 MOTION by Ms. Beaulieu, seconded by Dr. Vos, to recommend to City Council approval of variance request, VAR #91-30, by Bruce and Suzanne Hanley, per Section 205.07.03.D. (3) .(a) of the Fridley City Code, to reduce the required rear yard setback from 25 feet to 18.7 feet, to allow the construction of a three-season porch, on the west 130 feet of Lot 31, Auditor's Subdivision No. 77, the same being 132 Alden Circle N.E. UPON A VOICE VOTE, BEAULIEII, VOS, AND SMITH VOTING AYE, SAVAGE ABSTAINING, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED. Ms. McPherson stated this item will go to Council vn October 7, 1991. ADJOURNMENT• MOTION by Ms. Smith, seconded by Dr. Vos, to adjourn the meeting. Upon a voice vote, all voting aye, Chairperson Savage declarsd the September 17, 1991, Appeals Commission meeting adjourned at 8:30 p.m. Res ectfully s bmitted, Q.� Lyn Saba Recording Secretary 3Y • STATE OF 1�NNESOTA COUNTY OF ANOKA CITY OF FRIDLEY In the Matter of a variance, VAR ��91-30 Bruce and Suzanne Hanley Owner • CJ � 9'7�238 �-. CITY COUNCIL PROCEEDINGS VARIANCE The above entitled matter came before the City Council of the City of Fridley and was heard on the 7th day of October ,�g91 , on a petition for a variance pursuant to the City of Fridleyts Zoning Ordinance, For the following deseribed property: To reduce the rear yard setback irom 25 feet to 18.7 feet, to allow the construction of a three season porch on the west 130 feet of Lot 31, Revised Auditor's Subdivision No. 77, Anoka County, Minnesota, according to the recorded plat thereof, except the west 25 feet thereof, generally located at 132 Alden Circle N.E. IT IS ORDERED that a variance be granted as upon the following conditions or reasons: No stipulations. S�e City Council meeting minutes of October 7, 1991. STATE OF MINNESOTA ) COUNTY OF ANOKA ) CITY OF FRIDLEY ) OFFICE OF THE CIT�7C CLERK I, Shirley A. Haapala, City Clerk for the City of Fridley 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 have found the same to be a correct and true transeript of the whole thereof. IN TE�TIf�G�iY WHEREOF, I havE hereu�to �ubscribed my hsnd at �:�e City of Fridley, Minnesota, in the County of Anoka on the � z� day of `�vV let�/' � , � 9�. . DRAFTED BY: City of Fridley 6�31 University Avenue N.E. Fridley, 1�IN 55432 ; � " -' Ar��', SHIRLEY A. HA AI.A, CITY '� `. °�i. �"'<� , �• Variances are valid for a period of one year following approval .and shall be ��,'r `., considered void if not used Kithin that period. ,: .' r "' ,, ;Y, _ �,�� ' � � r -•�c.' - . ... ►9 -� • i FRIDLEY CITY COIINCIL MEETING OF OCTOBLR 7� 1991 PAG$ 7 Councilman Billings stated tiYat he uld like to compliment the owners of Skyline Veterinary Hos ' al-on the excellent job they have done in providing the City' animal� control services. B. VARIANCE REOUEST. VAR #91-30:-BY BRUCE AND SUZANNE HANLEY TO N0. 77'. EXCEPT THE WEST 25 FEET THEREOF, GENERALLY LOCATED AT 132'ALDEN CIRCLE N.E.: Ms. Dacy, Co`mmunity Development Director, stated that this property is located in the northeast corner of Alden Circle and 71-1/2 Way. She stated that the variance is to reduce the rear yard setback from 25 to 18.7 feet to allow the �nciosure �f �n �xisting dec?c. She stated that staff had recommended denial of the variance because the property owner had other alternatives. Ms. Dacy stated that the Appeals Commission recommended approval of the variance on a 3 to 1 vote as they felt the variance would not have an adverse impact since there is adequate distance between the rear and the nearby adjacent structure. MOTION by Councilman Fitzpatrick to concur with the recommendation of the Appeals Commission and grant Variance Request, VAR #91-30. Seconded by Councilman Billings. Councilman Fitzpatrick stated that if this home faced 71-1/2 Way, a variance would not be needed. Councilwoman Jorgenson asked if the petitioner had a seven foot high fence. Mr. Hanley stated that at the Appeals Commission meeting someone stated the fence was seven feet high, but the fence is actually six feet high. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye; and Mayor Nee declared the motion carried unanimously. 4. RESOLUTION AUTHORIZING CONSTRTJCTTnN nF�A rARArF. WTTHTN A AND 26, BLOCK 5, HYDE PARK: Ms. Dacy, Community Development irector, stated that this resolution is to allow the encro ment of a detached garage into a utility easement. She sta d that wl�en the petitioner, Mr. Johnson, went through the v ation, variance, and memorialization processes, one of the requ' ements of the vacation request was that Council pass a resolut'on authorizing a specified distance of encroachment in the r ained easement and the City's conveyance of the east half of t alley to owners west of the alley. . ' �' 9'7�238 � w a � i � a � � r.� �e w 0 � �. � Q t� Ci � �� t� . a��d� �.�s.. Ct�ie�e.d -�' � � QF t�kT1111f AECOiaDin 3fATf Cf �!!€iOTA. Czll!lViY OF AMt1KA 1 Aar�y certltY 1�at Uie wi�in �strw �� MAR 161992� �� !L 0'�l�'.� M., i� Y18S d1ElY C3C0.'3� , / +!r' I �� . �IM�, � — CITY OF FRI:DI_EY:. 6431 U�IVERSITY AVE NE FRIDLEY MN 55432 � � MEMORANDUM � �� 9l � � r � � I DATE: TO: FROM: SUBJECT: Community Development Department PLA►NNING DIVISION - City of Fridley February 26, 1992 William Burns, City Manager �Barbara Dacy, Community Development Director Technical Corrections to City Council Minutes We are requesting your approval to allow Shirley Haapala to make technical corrections to-minutes of three City-Council meetings. The minutes need to be corrected to show the exact legal description in order that it matches the affidavit which is recorded at Anoka County. The corrections necessary are as follows: . 1. On September 18, 1989, correct the City Council miriutes to read Lots 18 through 24, Block 13, Hvde Park (this was for the Fridley Alano variance). 2. On July 1, 1991, correct the minutes to state Lot 8, Block 2, East Ranch Estates 2nd Addition. 3. On October 7, 1991, correct the minutes to read on the west 130 feet of Lot 31, Revised Auditor's Subdivision No. 77 (Bruce and Suzanne Hanley). As you can see, all of these are minor details, but Anoka County will not accept them for recording unless they are absolutely accurate. On February 5, 1992, I met with Shirley Haapala, Michele McPherson, Debbie Niemeyer, Lynne Saba, and Carole Haddad to identify a way to eliminate the necessity of these corrections. In the future, the minutes will reflect merely the address of the p.roperty affected and not the detailed legal description. This will eliminate an additional step of retyping a legal description, and the possibility of errors or mis-communica�ions. This would also mean that the agendas would also not reflect the legal description, but merely the address affected. This could help to clarify and simplify the agendas as well. To be sure this is acceptable, Gregg Herrick is verifying whether there is a necessitv to have the legals on the agendas and in the minutes. � . ' .. Technical Corrections to City Council Minutes February 26, 1992 Page 2 In our meeting on February 5, 1992, we all agreed that it was not necessary to take these items back to the City Council, since the- content of the minutes nor any of the stipulations were affected. It is merely the title blocks of the action items: - Should you so agree, please convey that to myself and to Shirley Haapala. I would be happy to meet with you if you would like to discuss this.item further. BD/dn M-92-124 r� � i Councilman Billings stated tha he would like to compliment the owners of Skyline Veterinary ospital on the excellent job they have done in providing the C' y's animal control services. B. VARIANCE RE4UEST. VAR'#91-30, BY BRUCE AND SUZANNE HANLEY.TO REDUCE THE RE4UIRED REAR YARD SETBACK FROM 25 FEET TO 18.7 FEET. TO ALLOW THE CONSTRUCTION OF A THREE-SEASON PORCH, ON THE WEST 130 FEET OF LOT 31. AUDITOR'S SUBDIVISION NO. 77, THE SAME BEING 132 ALDEN CIRCLE N.E.: Ms. Dacy, Community Development Director, stated that this property is located in the northeast corner of Alden Circle and 71-1/2 Way. She stated that the variance is to reduce the rear yard setback from 25 to 18.7 feet to allow the enclosure of an existing deck. She stated that staff had recommended denial of the variance because the property owner had other alternatives. Ms. Dacy stated that the Appeals Commission recommended approval of the variance on a 3 to 1 vote as they felt the variance would not have an adverse impact since there is adequate distance between the rear and the nearby adjacent structure. MOTION by Councilman Fitzpatrick to concur with the recommendation of the Appeals Commission and grant Variance Request, VAR #91-30. Seconded by Councilman Billings. Councilman Fitzpatrick stated that if this home faced 71-1/2 Way, a variance would not be needed. Councilwoman Jorgenson asked if the petitioner had a seven foot high fence. Mr. Hanley stated that at the Appeals Commission meeting someone stated the fence was seven feet high, but the fence is actually six feet high. UPON A VOICE VOTE TAKEN ON TAE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 4. RESOLUTION AUTHORIZING CONSTRUCTION OF A,�=GARAGE _WITHIN A AND 26, BLOCK 5. HYDE PARK: ,�,/� Ms. Dacy, Community Developme� Director, stated that this resolution is to allow the e�achment of a detached garage into a utility easement. She tated that when the petitioner, Mr. Johnson, went through e vacation, variance, and memorialization processes, one of t requirements of the vacation request was that Council pass a solution authorizing a specified distance of encroachment ' the retained easement and the City's conveyance of the east ha of the alley to owners west of the alley. i � FRIDL$Y CITY COIINCIL MEETING OF OCTOBER 7, 1991 PAGE 8 Councilman Billings stated that at the last Council meeting, the time period was extended for the variance, and it w�s staff's belief that the petitioner may move the location of i�he garage. He questioned how much green area would be left in �he back yard if there is a deviation from the original plan. � Ms. Dacy stated that she asked Mr. Johnson which �lan he wished to pursue, and understands he is considering a change from his original plan; however, he still needs a lette� from the property owner to the south. She stated that Counciln�n Billings' comment is well-taken because there would be moreigreen area with the original plan. / Councilman Billings stated that altho gh the numbers in the variance are the same, the location of e garage is a substantial change, and he would like some time to� eview the plan and discuss options. He stated the worst case s enario is that this request may have to be processed again throu h the Commission, so there is a mailing to the neighborhood rega,ding Mr. Johnson's plans. MOTION by Councilman Billings to able this item to the November 4, 1991 Council meeting. Seconde by Councilman Fitzpatrick. Upon a voice vote, all voting aye, M yor Nee declared the motion carried unanimously. 5. DRIVE: MOTION by Councilman Sc�Ineider to table this item. Seconded by Councilwoman Jorgenson Upon a voice vote, all voting aye, Mayor Nee declared the moti carried unanimously. 6. RESOLUTION NO 78-1991 DE5IGNA ING POLLING PLACES AND APPOINTING EL CTION JUDGES FOR THE NOVEMBER 5 991 GENERAL ELECTION• r MOTION by Coun lman Billings to adopt Resolution No. 78-1991. Seconded by Co cilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Ne, declared the motion carried unanimously. 7. 0 Ms. Lisa Campbell, Planning Assistant, stated that this agreement sets fo h the terms and conditions under which Recycle Minnesota Resour es may lease the property and run a redemption center at 350 - 1st Avenue N.E. She stated that this agreement is for a two- ar period and expands the materials accepted to include mag ines. She stated that it is requested the $1.00 fee to lease the site be waived, Recycle Minnesota Resources� staff would•assist in enforcing yard waste hours, and the City agrees to correct the drainage problem at the site at a cost of about $150.00.