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AF-V - 45020CITY �' FR�EY . � • 6431 @TIVEF?SITY AVENUE N.E. FRIDLEY� 1+IId 55432 Oomtau�ity Devel _ t��ardoezit (612) 571-3450 ....�........,.�....��.,....__.... .........,..�.........�....�.,........,......�...�.�.�........M..............�......,..�.. VARII� AP�ZICTiTI�T l�i r rw......w r ...rrwww.w..wwr...vw...�..... PAOPIIrPS II�Tlold - site plan required for suxmittals; see attadzed A�s: �% S� � Legal description: ' rAt 1 Z- slocx � Tract/Addi.tion �r '� /�p �n S 1 w��'�x-reS �d /l ,'�-lo,-, � �ak� �oc�rv'j� � � zo�ir�g: �"' � Square footage/acreage ��7 � oo -�- Reason for varianoe and hardship: �it,�o t s �c nN. ive .� o�ce� p�-{tin�s a.n.c1 `�.s �oea�ter� w rn�.fce ,��!.t.�e o f scf e� � 1 Sectiaa� of City . _ � _ ,� _ �r _ ��»� -��SI L[�V (contract Purch�.sers: Fee owners mLSt sign thi.s form prior to prooer�sirg) r� IJL�a,(�e� c . �:�.s-nu�.ss� 1 . . �, . � f • � �; • .'i. SIQ�,ZLTR�'% nAYTIl� PxoriE v71— 8�1� n� G�?L�f� ..�...,..��..��.... ..._.r... ....��..........��.r...........,.�..�.......��..........,........,........,...».r.,�........,..��.... N�1ME �� . � � �,- �. �• � i • • � OATE Fee: $100.00 $ 60.00 for resid�ential properties �t � # 9D - ��t # � � S � 5�" Applicatiari r�eoeived by: r schedulea Appea].S ca�i.ssion aate O Scheduled City Qauncil date • !� %4 � titi N.w�vMtiti.►Mtiw�tiM wMMMMNw/A//bw'NtiwMwMMMMMNM/rMMMNNwrw�w/r�� ► COMMISSION APPLICATION REVIEW � FILE NUMBER FILE DATE MEETING DATE FILE DESCRIPTION �#90-11 ��N�F 31 6/7/90 7/10/90 7806 Alden [aay N.E. - setbacks in o-2 F�pL� Critical Area District COMPLETE REVIEW CHECKLIST AND RETURN TO PLANNING DEPT. � - �- � � � s COMMENTS ; -�-f -� I � �- � MICHELE M ��z,�-+ ;- w � � , , y 4, , t�: ,� ��,; �. � 9 /1 / � ' '"�1 li r''�(.. ° �%' �� %�' �. c: c�ef�C. t�C L� � .i !'t..CC,r..:.,r-C , �L4. 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' � ' (M}� . � . � ' � � � .. � , � � !'.+. . ., � "M""_ � � z ��"►° - . �/�� `. ,1��•� • � DISCOV THE DAYSTAA DI �FERENCE QUALITY CONSTRUCTION • All materials included in the Daystar gazebo kit are full dimensional 100°� Western Cedar, noted for its lifelong durability, with a natural beauty that needs no painting or staining. • Wall, roof, and floor panels are preconstructed and ready to assemble. The Daystar panels fit securely and provide substantial structural strength. • Each wall panel is fully screened with high quality fiberglass screen as a protection against insects. • Daystar's exclusive roof panel design alleviates leakage problems fre- quently encountered in other gazebos. ,;.<G - .� , r .r� : � � � '� �r!� �, i . � M �, ,�� ! 12N EASY ASSEMBLY • Using a wrench, hammer, and screwdriver, two people can assemble a gazebo in less than one day. • Panels are bolted together with galvanized metal fasteners, combining ease of assembly with strength and durability. • Daystar gazebo kits contain all materials required for assembly, including an instruction booklet. AVAILABLE OPTIONS • Cedar or asphalt shingles. • Interior finishing kits. • Preconstructed cedar floor panels. � 12 or 14 foot models. us-c o'� '�`cu.;�cc �: e � � .,., .. .. ._r- - H....o...,� Iy/ WinP t�' h��ti� �� e��.�,. eo.•�e� Precision engineering of gazebo components, along with large-scale manufacturing capabilities, have enabled Daystar to produce a quality product at an affordable price. The Daystar combination of unique design, quality materials, and fine craftsmanship results in a superior finished product. DAYSTAR INVITES YOU TO COMPARE ... Daystar is confident that your own investigation of competitive products wil) convince you that a Daystar gazebo represents the best value available today. UNIQUE QUALITY AND AFFORDABILITY ... THE DAYSTAR DIFFERENCE • City Counci 1 Mer.�rs City Manager Diane Savage 567 Rice Creek Terraoe Fridley, MN 55432 �Talter Ra.smus�en 7806 Alden ti�Tay Fridley, N�1 55432 Charles Bloom 7812 A1den Way F'ridley, NN 55432 Terrance Butorac 7815 Alden Way Fridley, NN 55432 Karl Schurr 7818 A1den Way Fridley, NY�T 55432 Owner/Resident 7819 A1den Way Fridley, NN 55432 Richard Netz 7776 A1den Way Fridley, NN 55432 MAILING LIST FOR VAR #�Q^11 78Q6 Alden Toiay Richard Carsen 270 `Crai�rook Way Fridley, NN 55432 Bexnard Gross 29Q Crai�mok Way Fridley, 1�N 55432 Gerald Sa�rio 2 89 Stonylarook [nTay Fridley, N1V 55432 Nea,l 4Vanamakex 265 Stonybxnok Way Fridley, MLV 55432 Donald [n�iite. 7736 Alden �iVay Fridley, I�N 55432 J�nes Black. 7824 Alden FTay Fridley, NN 55432 Jeffrey Brandt 285 C�'aigbrook Way Fridley, M�i 55432 •Mailing Date: June 22, 1990 George Dean 2 75 Craigbrook �day Fridley, NN 55432 Leonard Samuelson 780Q East River �ad Fridley, N�V 55432 Owner/l�sident 7823 Alden Tniay Fridley, NN 55432 � � cinroF F� �� DATE: TO: FROM: SUBJECT: COI�r'T111i(,tNI1�Y DEVEL DEPARTMENT MEMORANDUM 12 MENT July 19, 1990 � William Burns, City Manager �'� Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant Variance, VAR #90-11, by Walter Rasmussen of 7806 Alden Way N.E. Attached is the staff report for the above-referenced request to construct a gazebo within the 40 foot bluff line setback and the 100 foot setback from the Mississippi River. The Appeals Commission recommended denial. 5taff recommends that the City Council adopt the Appeals Commission recommendation. BD/dn M-90-477 � � C�N OF FR[ DLEY REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST # STAFF i . - �� APPEALS DATE July 10 , 1990 PLAMMNG CONNNSSiON DATE C(TY (,�l�C1L �A� : July 23 , 1990 LOCATION 7806 Alden Way N.E SITE DATA SIZE OENSITY PRESENT ZONING ADJACENT LAND USES 8� ZONING UTLRES PARK DEDICATION ANALYStS F�IANCIAL IMPUCATIONS CONFORMANCE TO COMPREFiENSNE PLAN COMPATIBILITY WITH ADJACENT USES $� ZONNG ENVIRONMENTAL C4NSIDERATIONS STAFF RECOMMENDATION APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENDATION VAR #90-11 Charles H�tley for Walter Rasmussen 12A AUTHOR �� To reduoe the setback frcgn the Mississippi River bluffline fx�n 40 ft. to 5 ft. , the setback fran the no�'mal high �wat line fn�an 100 ft. to 50 ft. , and to increase the maximlun allawable square footage of acoessozy buildings frQtn 1;400 sq. ft. to 1,890 sq. ft. 37,174 sq. ft. �1, Single Family II�elling R-1, Single F�ni.ly Dwelling to the N, E, and S; Mississippi River to the W Yes Yes Denial � • ZB , Staff Report VAR #90-11, 7608 Alden Way Page 2 A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.25.08.C.(1� requires all new structures and uses to be placed not less than 40 feet from the top of the bluffline overlooking the Mississippi River. Section 205.25.08.C.(2) requires that all new structures and uses shall be placed not less than 100 feet from the Mississippi River normal high water line as defined by the Federal Insurance Study. Public purposes served by these requirements are: a. To protect and preserve a unique and valuable state and regional resource for the benefit of the health, safety, and welfare of the citizens for the state, region, and nation; b. To prevent and mitigate irreversible damage to this state, regional, and national resource; c. To preserve and enhance its natural, aesthetic, cultural, and historic value for the public use; d. To protect and preserve the river as an essential element in the national, state, and regional transportation, sewer and water and recreational systems; and e. To protect and preserve the biological and ecological functions of the corridor. Section 205.07.01.B.(1) requires a maximum allowable total floor area of 1,400 square feet for all accessory buildings. Public purpose served by this requirement is to maintain the residential quality of a neighborhood by limiting the amount of total floor area of accessory buildings. B. STATED HARDSHIP: "Gazebo is screened from river by trees and other plantings, and this location would make best use of site." C. ADMINISTRATIVE STAFF REVIEW: Request The petitioner, Charles Huntley, for the property owner, Walter Rasmussen, is requesting the following variances: • Staff Report VAR #90-11, 7806 Alden Way Page 3 � � Zc 1. To reduce the setback from the Mississippi bluffline from 40 feet to 50 feet; 2. To reduce the setback from the normal high water line from 100 feet to 50 feet; 3. To increase the maximum allowable square footage of accessory buildings from 1,400 sq. ft. to 1,890 sq. ft. The variance requests are for Lots 11 and 12, Block 5, Pearson's Craigway Estates, 2nd Addition, the same being 7806 Alden Way. 5ite Located on Lot 11, Block 5, is a single family dwelling unit and an attached two car garage. Located on Lot 12, Block 5, is a second accessory building which contains a two car garage and a wine cellar. The property is heavily vegetated with mature trees, native shrubs, and bedding plants. Analysis The petitioner previously received a variance in 1986 to the same setback requirements in order to construct an addition to the single family dwelling unit (see attached minutes). The petitioner is proposing to construct a gazebo, approximately 14 feet in diameter (see attached site plan for location of gazebo). The petitioner currently has a small accessory structure located within the required setback area and at a lower elevation on the bluff. The petitioner indicated that this structure would be removed. The petitioner indicated that the location of the new gazebo would be more convenient for outdoor entertaining. There is, however, adequate space on the parcel to place the gazebo outside the required setback area. The gazebo would be located closer to the detached two car garage (second accessory building). Some flowers and small shrubs would need to be removed to accommodate construction of the gazebo. In addition to the setback variances granted in 1986, the Council has also granted a variance to increase the allowable square footage of all accessory buildings from 1,400 sq. ft. to 1,649 sq. ft. (lot coverage is approximately 9�). If the Commission denies the setback variances, the petitioner could choose to build the gazebo in conformance with the zoning � � 12D Staff Report VAR #90-11, 7806 Alden Way N.E. Page 4 code. He would still need a variance to increase the square footage of all accessory buildings from 1,400 sq. ft. The petitioner has reasonable use of the property without this variance. Recommendation and Stipulations: The petitioner can construct the gazebo in conformance to the zoning code. This would then require a variance to increase the allowable square footage of all accessory buildings on the site. The petitioner has reasonable use of the property if the variance is denied. Staff recommends that the Appeals Commission deny the variance request, VAR #90-12, as presented. Appeals Commission Action The Appeals Commission unanimously recommended denial of the request. The Commission determined that the petitioner did not have a significant hardship if the request was denied. City Council Recommendation Staff recommends the City Council adopt the Appeals Commission recommendation and deny the request. 0 0 � CITY OF FRIDLLY • AppgALB COMMI88ION l�LSSTING, JIILY 10� 1990 CALL TO ORDER• Vice-Chairperson Kuechle called the July , i99o, Appeals Commission meeting to order at 7:38 p.m. �tOLL CALL • Members Present: Larry Kuechle, C ff Johnson, Cathy Smith, Kenneth Vos (8: p.m•) Members Absent: Diane Sav Others Present: Barb Dac , Planning Coordinator Michae urley, 3989 Central Avenue Evonn Tauer, 6161 Hwy. 65 Jam Nicklow, 6161 Hwy. 65 OTIO by Mr. 19, 1990, Ap� IIPON A DECLARED . �ison, seconded by Ms. Smith, to approve the June s Commission minutes as written. r ; VOTE� ALL VOTINC3 AYE, VICE-CHAIRPERSON KOECHLB MOTiON CARRIED tJNANIMOUSLY. CON5IDERATION OF VARIANCE REQUEST. 1. Pursuant to Section 205.25.08.C.(1) of the Fridley City Code to reduce the setbak from the bluffline overlooking the Mississippi River from 40 feet to 5 feet; and 2, Pursuant to Section 205.25.08.c.(2) of the Fridley City Code to reduce the setback from the normal high water line of the Mississippi River from 100 feet to 40 feet;- and 3. Pursuant to Section 205.07.Q1.B.(1) of the Fridley City Code to increase the maximum allowable total floor area of all accessary buildings from 1,400 square feet to 1,890 square f eet ; To allow the construction of a screened gazebo on Lots 11 and 12, Block 5, Pearson's Craigway Estates 2nd Addition, the same being 7806 Alden Way N.E., Fridley, Minnesota. � �� • 1� APPEALS COMMIBSION MEETING, JIILY 10, 1990 PAGE 2 MOTION by Mr. Johnson, seconded by Ms. Smith, to open the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KUECHLE DLCLARED THE MOTION CARRIED AND T8E PIIBLIC HEARING OPEN AT 7:45 P.M. Ms. Dacy stated the property is zoned R-1, Single Family, surrounded on the north, south and east by single family homes, and to the west is the Mississippi River. The 100 foot setback and the 40 foot setback are contained in the O-2 district, Critical Area restrictions. The subject property has two lots which are combined into one property. On Lot 11 is the residence and garage. Lot 12 has an accessory building which was granted a special use permit in 1986. Also at that time, the petitioner received a variance to enclose a deck and add on to the south and west sides of the home. There is also an existing screen house on the property near the river. Ms. Dacy reviewed the survey indicating the location of the bluff line from which the 40 foot setback is measured, and the location of the 100 foot setback which is measured from the edge of the Mississippi River. The variance is to have a gazebo 5 feet from the bluff line. The existing house encroaches into the 100 foot setback as would the gazebo. Ms. Dacy referred to the Site Plan. The property is very well kept and maintained. There are definite garden and lawn areas. The proposed gazebo is for entertaining and would replace the structure by the river. In the eyes of the ordinance, if there is an alternative to meet the ordinance, it must be identified through the variance process. The gazebo could be placed 40 feet back from the bluff line but it would require some changes in landscaping. Based on that, staff is recommending denial of variance requests 1 and 2. The third variance request would be necessary if the first two are granted because the ordinance requires a maximum of 1,400 square feet for the total square footage of accessory buildings. In 1986, the City Council did grant a variance to the petitioner for 1,649 square feet. Staff recommends denial of this request also. Mr. Hurley attended the meeting representing Mr. Rasmussen. There is 30-35 feet between the top of the bluff and the river which is extrememly high. As staff indicated, the property is very vegetated .and wooded. His client, Mr. Rasmussen, has spent a considerable amount of money to landscape the area and has mature trees on the property. Anyone coming down the river to this location cannot see the property. It is completely wooded. Mr. Hurley showed the Commission photographs of the site to show the wooded areas of the property. From the pictures, one can see the property is an extremely wooded area. One thing the City wanted is to maintain the integrity and biological, ecological and aesthetic beauty of the river. In this patricular situation and � � �2� APPEALS COMMI88ION MEETING. JIILY 10. 1990 PAGB 3 because of the location of the mature trees, the gazebo will not be seen from the river. The nature of the river is not harmed by any means. He did not feel there was any ecological or aesthetic harm to the area. The gazebo would be five feet from the bluff line and there would be no run off onto the bluff line. Mr. Hurley stated that, when considering the square feet, the purpose of the ordinance is to preserve the character of the neighborhood. This property is two full lots, a substantial amount of property. The gazebo is a temporary structure with a cement pad, moored down, something like a screened "porch". The landscaping that is on the site dictates the location of the gazebo. If the gazebo is placed outside the 100 foot area, it would mean doing a substantial amount of work to the property to make the gazebo fit. The property slopes at a rather severe angle. The entire purpose of the gazebo is to enjoy the river. His client is trying to get the maximum benefit of the backyard. The gazebo would be five feet from the bluff line. In lieu of these arguments, he asked the commission to grant the request. Mr. Johnson asked the reason for wanting the gazebo in this particular location. If one cannot see the river, and other than the landscape problem, why place the structure there? The property appears to be developed to place something there and the gazebo seems to be an afterthought. Mr. Hurley stated that, although you cannot see the river per se, you can see across the river to the other side. As far as any other placement on the site, there is a heavily wooded area; and with the existing walkways, it fits in nicely. Mr. Kuechle asked, if the commission denied the request, what kind of hardship would result. Mr. Hurley stated the hardship is the unique nature of the lot. The 100 foot setback would mean the gazebo would be next to the garage. Landscaping was done to accent the slope of the property. The hardship is the lay of the land and the existing nature of the landscaping. There is no other placement of the gazebo to have the aesthetic quality. Mr. Johnson asked if the petitioner has used up all 1400 square feet allowable for accessory buildings. Ms. Dacy stated the property included two accessory buildings totalling 1649 square feet. The property is considered to be one parcel on the tax rolls. Ol� TION by Mr. Johnson, seconded by Ms. Smith, to close the public hearing. • � APPEALS COMMIBSION MEETING. JIILY 10. 1990 PAQE 4 IIPON A VOICE VOTE, ALL VOTSNG AYE, VICE-CHAIRPERSON 1CUEC8LE DECLARED TH$ lYIOTION CARRIED AND THE P�BLIC HEARINQ CLOSED AT 8:05 P.M. Mr. Johnson asked if it would be possible to put the gazebo out with a non-permanent floor. How would it then be considered? Ms. Dacy stated the way the ordinance defines�a structure and what was proposed led staff to believe that this gazebo is a permanent structure. It has a foundation, walls, floor, and roof. If you have a three season porch on a home, you would need a variance. There is a roof, wa11s, floor and foundation. She did not know how this could be made temporary. Mr. Hurley stated he did not think there was a foundation. Ms. Dacy stated the ordinance states that something that secures the structure to the ground is considered a foundation. Mr. Johnson stated he felt the owner has done a super job on the landscaping and takes a lot of pride in his property and home. He felt he could be assured the structure being put up will not be an eyesore, it will not be visible from the river, and judging from what has been done, it will be a quality job. Ms. Smith agreed. The structure will not be visible from the river. The area is fairly heavily wooded. If the gazebo was not placed there, it would be necessary to re-landscape the lot to put it in another area. She did not think the lot is conducive for another location. She did not know if it was designed that way. It appears to be the spot to put it. She asked if this was a flood plain. Ms. Dacy stated the elevation of this lot was outside the flood line. Mr. Kuechle stated the problem he had is that one of the rules the commission is under is that there must be a significant hardship imposed on the landowner. He felt it difficult seeing that this occurs here. It is true that this may be the optimum location and there would be expense incurred to modify landscaping. However, even without a gazebo, the owner has full use of the property and for that reason he would be inclined to recommend denial of the request. Mr. Johnson stated that the main purpose is to review hardship in respect to plans or requests. In that respect, he agreed that he did not see a hardship. MOTION by Mr. Johnson, seconded by Ms. Smith, to deny variance request, VAR #90-11, by Mr. Rasmussen to allow the construction of a screened gazebo on Lots 11 and 12, Block 5, Pearson's Craigway � Z� • � �PPEALS COMMISSION MSETING. JIILY 10, 1990 PAGE 5 Estates 2nd Addition, the same being 7806 Alden Way N.E., Fridley, Minnesota. IIPON A VOICE VOTL, ALL VOTING AYE, VICE-CHAIRPLRSON RIIECBLE DECLARED THS MOTION CARRIBD IINANIMOQSLY. Mr. Kuechle stated this item would go before the City Council for final review with the commission's recommendations on July 23. SIiOREWOOD INN RESTAURANT: Pursuant to Section 214.11.0 .B of the Fridley City Code to increase the maximum allowable square footage of a sign from 80 square feet to 112 square feet, o allow a readerboard addition to an existing pylon sign, locat on Part of Lot 16, Auditor's Subdivision #88, the same being 6161 Highway 65 N.E., Fridley, Minnesota, 55432. , Ms. Dacy stated that the petiti ner, Mr. Jim Nicklow of the Shorewood Inn Restaurant, is reques ing a variance to increase the square footage of a free standing s gn from 80 square feet to 112 square feet in order to add a readerb ard, 3 feet by 8 feet, to the existing pylon sign. The parcel is oned C-3, General Shopping, as are the parcels to the north an east. The code is very specific as to the criteria that need to be evaluated. Based on staff analysis of the criteria, the p itioner has the option of redesigning the existing sign to meet he criteria of 80 square feet or pursue additional wall signage. Denial of the variance request does not deny the petitioner from having additional signage. Staff recommends denial because he variance criteria are not met. MOTION by Dr. Vos, seconded by Mr. J hearing. IIPON A VOICE VOTTs, ALL VOTING AYE, VI DECLARED THE MOTION CARRIED IINANIMOIISLY AND AT 8:15 P.M. , to open the public HlIIRPER80N RIIECHLE PIIBLIC HBARIN(i OPEN Ms. Tauer attended the meeting to act as sp Nicklow. She stated the Shorewood Inn has current owner for many years. In the last s restaurant has been experiencing financial prob] to the freeway construction which closed the construction on the road. People are creatures they cannot get to a place, they go elsewhere and erson for Mr. owned by the al years, the >, due in part �mps and City ' habit. When not come back. Ms. Tauer stated the restaurant has done remodeling but business is still down. There is a lot of competition in the area. Sales are also normally low during the summer season. Econ ically, the readerboard would give the Shorewood a boost to expose the 12� � � �� VAR 4�90-1 1 �alter Rasmussen � n� G I� '• �, �� S P� '� 1 i .� `� .( ��'� - z�, � �� (�,�4 .,��,•� , �yi� �'` 1�� v' " 2l �, ��`�j � � �� .�s�� "A e�� A 1� ` � y � --- o � ; bn �.t ,A � i 3 ,; d `" , �,.• ,-.T'`�N � c•.. '' l � � t'�� — � �5 � , �� C�% �W� �i� . � ', O:L� •0'f : ..a i o � n � '� ,� 9 : i �l1! r �4 - .� -i` �j� v � � �� l� — � •',"',�, °��I «-� a"'.'% 3 9'r,'�'� 1'� �Y. � � � J' - . ��\ :, � y � ��" ; .r, , �� «� � ,y,� �`a. s` ,^�:.� 2,i -°. ' �>-,!- " � 8 Na I ( , ,"`,'i �.` .;� �•";„�i •�s � i ' �, i�j�I, ' ' c ° �i.. •• .�- +7/.l � �. 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PAUL wnTERw K �,, -. � � � 4 �� ' ` �,�,s,, t � 7 5 � , E�4 � ' ? ' �, � - ,o � . , pG . y ' tp M' , b t s '� ;� j' � 1 � ' s ,��E .. j, ' 1,�E S'p ; '' .a �, c1R£ , , . .i � 9 _ � ZONING MAR� VAR 4�90-1 1 2L � � SITE PLAN � • A�PEALS C0�1MISSION MEETIN( 3. SEPTEMBER 16. 1 1. TXE DRI VEf�AY BE�TA3i�DS 2. TXE NORTA WALL BE A F _ � UPON A VOI ,-�9 � ALL VOTING AYE� CHAIRPERSON BET UNANIMOUSLY. nc ve PAGE THE MOTION -- _.__ ____. . BY CHARLES HUNTLEY,'PURSUANT 120 MOT'ION BY MR. BARNA, SECONDED BY MR. SHEREK, TO OPEN TXE PUBLIC XEARING. UPA'V A VOICE VOTE, ALL VOTZNG AYE, CHAIRPERSON BETZOLD DECLARED THE PUBLIC HEARING OPEN AT 8:03 P.M. ADFIINISTRATIVE STAFF REPORT 7806 Alden Way N.E. VAR #86-26 A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.25.8, C, l, requires all new structures and uses to be placed not less than 40 feet from the top of the bluffline overlooking the Plississippi River. Section 205.25.8, C, 2, requires that all new structures and uses shall be placed not less than 100 feet from the Mississippi River normal high water line as defined by the Federal Administration's Flood Insurance Study. The Public Purpose served by the standards and guidelines as laid out by the Interim Development Regulations �or ttie Ftississippi River Corridor Critical Area are as follows: a. to preserve and protect a unique and valuable state and regional resource for the benefit of the health, safety, and welfare of the citizens for the state, region, and nation; b, to prevent and mitigate irreversible damage to this state, reai�nal, and natura] resource; c, to preserve and enhance its natural, aesthetic, cultural, and historic vaiue for the public use; � � �2P . APPEALS COtriISSION MEETING, SEPTEMBEP. 16, 1986 PAGE 6 " d, to protect and pr.�serve the river as an essential element in the national, state, and regional transportation, sewer, and water, and recreational systems; and e. to protect and preserve the biological and ec�iogical functions of the corridor. B. STATED HARDSHIP: "We request the variance...to add an addition to the northwest and southeast corners of the existing house. The additions each enclose a portion of the present deck and are to be designed for passive solar heating." C. ADPIINISTRATIVE STAFF REYIEW: In keeping with Section J3 of the Interim Development Regulations for the Nfississippi River Corridor Critical Area, the locai unit of government may grant a variance from the strict compliance of the setback of the interim regulations after an administrative hearing conducted according to the regulations of that local unit of government and may be granted only then, after the following findings are made: 1, The strict enforcement of the setback or height restrictions will result in unnecessary hardship. "Hardship" as used in the considera- tion of a dimension variance means that the property in question cannot be put to a reasonable use under the dimension provision of these Interim Development Regulations. 2. There are exceptional circumstances unique to the property that were not created by a landowner after April 25, 1975. 3. The dimension variance does not allow any use that is not a cornpatible use in the land use district in which the property is located. 4. The dimension variance wi» not alter the essential character of the locality as established by these Interim Development Regulations. 5. The dimension variance will not be contrary to the Order. Mr. Robi�son stated the proposal as outlined included the addition of a screened-in porch area on�the rfver side and an addition on the southerly side of the house. Ne stated the additions were explained as actually enclosing deck areas that were already existing. Mr. Charles Huntley stated the addition on the northwest corner was basically a 12' x 18' addition--a three season type of porch with a study on the second floor. He showed the Commissioners the plans. • • �2Q APPEALS COM�tISSION MEETING, SEPTEMBER 16, 1986 PAGE 7 Mr. Betzold asked Mr. Huntley to more fully describe the passive solar heating as there was statutory consideration for solar heating as a hardship. Mr. Huntley stated solar heating would be a plus in the wintertime and a plus in the sumnertime as well. He stated that at this point it was not considered as an active so]ar system, but they refer to it as a passive solar system. They will be utilizing the exposure to the sunlight,plus they will also control the circulation of air in the spaces with the use of fans. In both structures they are looking at masonry floors which will in part retain the heat and the other details they had not totally addressed, and he had no further information to give to the Commissioners at this time. . Mr. Robinson stated the intent of the code, as he saw it, was to preserve the natural quality of the river corridor or the aesthetics. This property was very well take care of, very manicured, and, in his mind, the additions were not going to create any problems with erosion or damage to the natural vegetation. He did not see these additions as contrary to the intent of the code. Mr. Betzold siated that within the past year, someone else in this neighborhood came before the Appeals Commission with a variance request. Ne stated the Appeals Commission approved the request, but because of the strictness of the Code with anything to do with the river, they had recommended that the request also go on to the City Council. He felt strongly that anything to do with the river should also be looked at by the City Council. MOTION BY MR. BARNA, SECONDED BY MS. SAVAGE, TO CLOSE THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE PUBLIC HEARING CLOSED AT 8:25 P.M. Mr. Barna stated that as far as the bluff line, the established bluff line, through some beautiful landscaping, did not follov� the legal bluff line, and was established prior to April 25, 1975. He stated the lower floor level was approx. 829.7 ft., and he was quite sure the flood water level was only about 798 ft. so the elev�tion of the property at the l00 ft. setback was above that,which was the major intent of the 100 ft, setback. On the solar aspect, he di�i not see any definite solar plans other than using the more �odern glass, but he could not see any sense in putting in more modern glass if the property owner did not put in the additional solar amenities that are presently available for solar construction. Mr. Barna stated he was sure the property owner was not going to do a"shoddy" job. The property owner in the past has shown a willingness to invest large sums of money into his home and property and takes great prid� �n it. Mr. Betzold stated that if this was brand new construction, ot course it could not be built, but the home was built before the regulations went into effect on Apri2 25, 1975. Essential]y, the property owner would be enclosing an existing deck which would be there wheti�er the variance was granted or not. On the other side, the addition vrould not bring the house any closer to the river. He stated it was important that the passive solar heating aspect be part of the hardship. Ne thought the additions were compatible with the � � 12R APPEALS COfT1I5SI0N MEETING, SEPTEMBER 16, 19$6 PAGE 8 existing use of the land and did not alter the existing character of the land. He thought the test had been met, assuming the designs do address the passive solar heating requirement. Mr. Sherek stated the Carmission was doing some speculation without seeing any specific plans, and those plans should be established before going to the City Council. Mr. Betzold stated he wou]d recommend to the City Council that if the solar design information was not available at the City Council meeting that the City Council deny the variance until that information was made available, because that was where the hardship was addressed. He did not think there was a hardship without the solar aspect. MO':ION BY MR. BARNA, SECONDED BY MR. SXEREK, Tb RECOMMEND T1� CITY COUNCIL APPROVAL OF VARIANCE REQUEST, VAR N86-26, BY CHARLES NUNTLEY� PURSUANT TO CHAPTER 205.25.8, C, 1, OF TXE FRIDLF,Y CITY CODE T1� REDUCE THE SETBACK OF A STRUCTURE FROM TNE RIVER BLUFF LINE FROM FORTY (40) FEET ZL� EI6HTEEN (I8) FEET TD ALZ�OW AN ADDITION TO THE NORTXWEST CORNER OF TXE HOUSE; AND, PURSUANT 410 ChfAPTER 205.25.8, C, 2, OF THE FRIDLEY CITY CODE� TO REDUCE TXE SET'BACK OF A STRUCTURE FR01�1 THE MISSISSIPPI RIVER NORMAL NIGH WATER LINE FROM ONE- HUl1DRED (I00) FEET TD EIGXTY (80) FEET TO ALLOW AN ADDITION ON THE SOUTH SIDE OF TfIE XOUSE, ON LOT 11� BIACK 5, PEARSON'S CRAIGWAY ESTATES SECOND ADDITIONi, TI�E SAM.E BEINC, 7806 ALDEN WAY, FRIDLEY, MINNESOTA, WITX THE STIPULATION TXAT A PASSIVE SOLAR DESIGN BE PRESENTED TO TNE CITY COUNCIL. UPON A VOICE T�OTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. ADJOURP�MENT: 1HOTION BY MR. BARNA, SECONDED BY 1KR. SHEREK, TO ADJOURN TXE l►tEETING. UPON A VOICE VOTE, ALL VOTINC, AYE, CHAIRPERSON BE T20LD DECLARED TXE SEPTEMBER 16� 1986, APPEALS GL�MMISSION MEETING ADJOURNED AT 8:35 P.M. Respectfully submi ted, ��. ynn�' Saba Recording Sec+-etary • 12S �. h. � ��_ �M �. �� .��:= �; . • : . reo�dif ication of Q�apter 6. b� O�tmcilman Barnette. It was the wnoensus o e�imcil that the Chairperson of the Planning (7o�nission should e voting privileges. IIP�N A VO VCIPE �I CN �iE ABOVE PDTION, all voted aye, and Mayor Nee declar the motion carried unanimously. L� ` \I _►. II�� ul ,1 �4� • 4:� ; ' ' �- - �� M�� •, • ��: �i• . • : . �� ; y • • /�� .� ' a• � ��r- t;_' : . . �� ; �� . 4�! ��4=: �!. • : � ' 4�l a' ��.� 4� . \I_ . . � �_�i� �� i�� M y:� ��f4= � �1. • : � ' .�lyl 1� ��.y 4�� . . � ►�_ . ��u�;_ t . ., 4?�' � �� ;__ !.. ;_ �� • � ` 4: .� !4s!_:Z+ !� • �f�! :�� _ �� : _ ! �. ' :� _� «.�. �i.� _ _�v; �� t� ; � � � • � �:� _..u_ �. : 1 . ; � _ .!� � «: : � . +11��4 _�f Mr. Flora, Riialic Works Director, stated this is a request for variances to rec�oe the setback of a structure frcm the river ialuff line fran 40 feet to 18 feet to allaa an addition to the northwest oorner of the house and to reduoe the aetback of a structure fro�n the Mississippi River normal high water lir�e fran 100 feet to 80 feet to allaa an addition on the south side of the house at 7806 Alden Way N. E. Mr. Flora stated the petitioner proposes to �nstruct a closed-in area to the area of his property and another area t�o the s�uth and use passive solar heating. Mr. Flora stated, in keeping with Section J3 of the Interim Developnent Regulations for the riississippi River O�rricbr GYitical Area, the local unit of goverrmer�t may grant a varianoe from the strict o�mplianoe o� the setback of the interim regulations, after an ac�ministrative hearing conducted acoordi.ng to regulations of the local �it of goverrment and may be granted only then, after the following findings are made: (�1) The strict enfora�nerit of �e setback or height restrictions will result in uzneoessary harci�hip, "Harclship" as used in the oonsideration of a dimension variance means that �e goperty in guestion cannot be put to a reasonable use under the dimension Fravision of these Interim Developnent Regulations; (2) There are exceptional circlmstanoes Lnique to the property that were not created tr� a lancbwrer after April 25, 1975; (3) The dimension variance does not allaa any use that is not a oomFatible use in the land use c�strict in which the property is located; (4) The di.mension varianoe will not alter the essential character of the locality as established by these Interim Developnent Regulations; ana (5) The dimension varianoe will not be �ntrary to the order. Mr. Flora stated the Appeals Commission recommended approval of the varianoes with ti�e stipulation that a passive salar design be presented to the Cbtmcil. He stateci a design for this system has been suimitted to staff. NDT�DN b� Cbimcilman F�tzpatrick to mncur with the inanimous reoomnendation of �e Appeals Qx�nission and grant varianoe r�uest, VAR #86-26, to reduoe -13- 9. � �1� �. Y�� ►. � � M��'---� I • � 12T the setback of a structure frcm the river bluff lir�e fran 40 feet to 18 feet to allow an addition to the mrthwest o�rrnr � the house and to reduoe the setback of a structure fram the Mississippi River normal high water line f ran 100 feet to 80 feet to allaw an addition on the s�uth sicle o� the house at 7806 Alc3en Way 2v.E. for purposes of providing passive solar heating. Ftirther, while the Council believes the circ�nstanoes involved in this request meets the five findings, as outlined above by staff, the property owner will hold the City harmless from any finding by the Federal goverrment, or any other agency of goverrunent, that the addition is in violation of their rules. Sewnded b� Gb�cilman Gooc%peed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried �manimouslY• Ni�TION by Councilman Schneider to reoeive the minutes of the Planning Co�nission meeting of SeptHnber 24, 1986. Se�nded b� ��cilman Barnette. Up�n a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimously. ��+yt: �I• • : . •� !� �� M �� tv�u��!!: • � • r �� ; . 1 ' �i�?��/ �� - � Mayor Nee stated the Cable Television Commission ha recommended an ac�justmerit in allocation of the franchise fees to incr se the wntribution reaeived b� the Arioka Q�tmty �nunuiications Worksho ran 40$ to 60$. Mr. Neunarr-So�tt, represer�ting the ACQ�T, stated rep�rt was �mpiled dated August 13, which theY felt mvered thei r r�ee . He stated it is f igured by the end of 1987, they would have to cut services, if they oontinue to reaeive 40$ of the franchise fee. He st d they have, therefore, requested an increase to 60$ of the franchise f. Mr. Hint, Assistant to the City Ma ger, stated ever since the f ranchise went into effect and since existance of the ACC�nT, the Council wntributed to the Workshop wi ftncls fran the franchise fee. He stated each year, intil 1983, the cil decic7ed on the aeno�t to be �ntributed. He stated sinoe 1983, all rties agreed that 40$ of the fee would cp to the A(Ah1 s� a request woulcYi' have tA be made every year. Mr. A�nt stated, �nde t3�ose ci rctmstanoes, th e Ci ty be ga n to dev el op i ts own �anrel with a rtain amoimt af assurances for funds. He stated the C�ble �ranission's ' scussion did not tak�e into acoo�t the City' s channel and any increase the ACQ�1 w�uld have an imFact on the City's diannel and its operation. e stated if the Workshop's request was honored, it would cut fuiding o the City's cpverrment channel by aver $11,000. He stated some of the tens aco�nplished throuc�► the CYty's channel was an award frun Sister Ci 's International. Significant ooverage is provided of City Council etings, publicity through the International City Managers' Associ ' on, shared tapes with other cities, and 000peration in Frogramming eve and prwiding information on tourisn facilities. Ae stated the fact -14- � ,� cinroF FR[DLEY i FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 •(612) 571-3450 • FAX (612) 571-1287 CITY COUNCIL ACTION TAKEN NOTICE Walter Rasmussen 7806 Alden Way N.E. Fridley, NIIJ 55432 Dear Mr. Rasmussen: July 25, 1990 On July 23, 1990, the Fridley City Council officially approved your request for a variance, VAR #90-11, to reduce the setback from the bluffline overlooking the Mississippi River from 40 feet to 5 feet; to reduce the setback from the normal high water line of the Mississippi River from 100 feet to 40 feet; to increase the maximum allowable total floor area of all accessory buildings from 1,400 square feet to 1,890 square feet, on Lots 11 and 12, Block 5, Pearson's Craigway Estates 2nd Addition, the same being 7806 Alden Way N.E. If you have any questions regarding the above action, please call the Planning Department at 571-3450. Sincerely, Jock Robertson Community Development Director JR/ dn Please review the noted stipulations, sign the statement below and return one copy to the City of Fridley Planning Department by August 8, 1990. Concur with action taken. � � • STATE OF MINNESOTA COUNTY OF ANOKA CITY OF FRIDLEY In the Matter of a variance, VAR ��90-11 Walter C. Rasmussen Owner s L� Z � � �� l>�-�37 CITY COUNCIL PROCEEDINGS VARIANCE The above entitled matter came before the City Council of the City of Fridley and was heard on the 23rd day of July ��9 90 , on a petition for a variance pursuant to the City of Fridley�s Zoning Ordinance, for the following deseribed property: To reduce the setback from the bluff line overlooking the Mississippi River from 40 feet to 5 feet; to reduce the setback from the normal high water line of the Mississippi River from 100 feet to 40 feet; to increase the maximum allowable total floor area of all accessory buildings from 1,400 square feet to 1,890 square feet, on Lots 11 and 12, Block 5, Pearson's Craigway Estates 2nd Addition, the same being 7806 Alden Way N.E. IT IS ORDERED that a varianee be granted as upon the following conditions or reasons: No stipulations. See City Council meeting minutes of July 23, 1990. STATE OF MINNESOTA ) COUNTY OF ANOKA ) CITY OF FRIDLEY ) OFFICE OF THE CITY 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 grantin$ a variance with the original record thereof preserved in myF office, and have found the same to be a correct and true transcript of the whole thereof. IN TESTIMONY WHEREOF; I have hereunto subseribed my hand at the City of Fridle , Minnesota, in the County of Anoka on the /Sf day of � !� r , 7 9�_� DRAFTED BY: City of Fridley 6�31 University Avenue N.E. Fridley, MN 55�32 ��t "� � ti% � (�� -Ct �t�� SHIRLEY A. H APALA, CITY LERK Variances are valid for a period of one year following approval and shall be considered void if not used within that period. ( SE AL ) THIS DOCUMENT HAS ALREF BEEN FILED AS NUMBER 204947 ON2/26/91 � `J � FRIDLEY CITY COIINCIL MEETING OF JIILY 23, 1990 PAGE 22 12. A. �ECE�VE ITEMS FROM THE APPEAIS COMMISSION MEETING OF JULY 10, 1990; FROM 40 FEET TO 5 FEET: TO REDUCE THE SETBACK FROM THE NORMAL iiIGH WATER LINE OF THE MISSISSIPPI RIVER FROM 100 FEET TO 40 FEET; TO INCREASE THE MAXIMUM ALLOWABLE TOTAL FIAOR AREA OF ALL ACCESSORY BUILDINGS FROM 1.400 SOUARE FEET TO 1.890 SOUARE FEET. ON LOTS 11 AND 12, BLOCK 5. PEARSON'S CRAIGWAY ESTATES 2ND ADDITION. THE SAME BEING 7806 ALDEN WAY N.E.: MOTION by Councilman Fitzpatrick to �� '��`�for property at 7806 Alden Way .. Seconded by Councilman c neider. Upon a voice vote, all voting aye, Mayor Nee deciared the motion carried unanimously. B. HIGHWAY 65 N.E.• � MOTION by Councilman Schneider to concur with t recommendation of the Appeals Commission and grant this vari ce, VAR #90-12 to increase the maximum allowable square footage of a sign from 80 to 112 square feet for a period of three year , with the stipulation that the variance terminates with the current owner of the property. Seconded by Councilman Billi gs. Councilman Schneider stated that the conditions around the Shorewood Inn are due to the roa construction and they have a problem with access. Councilwoman Jorgenson ques ioned the difference between this request and Cheryl Stinski' request. She stated that she wanted to be careful not to set precedent. Councilman Schneider tated that there was not a problem created with the Stinski p perty and no hardship was imposed due to road construction. H stated that the construction has caused several problems for t s business and did not feel it was unreasonable to try it for ee years. UPON A V CE VOTE TAI�N ON THE ABOVE MOTION, Councilman Schneider, Counci an Billings, Councilman Fitzpatrick and Mayor Nee voted in favo of the motion. Councilwoman Jorgenson voted against the m on. Mayor Nee declared the motion carried by a 4 to 1 vote. � `l � ;�