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AF-V - 46973� , _� . .r . ,` , crnr oF F�o��r 6431 UNIVERSITY AVENUE 4 : FRIDLEY, MN 55432 (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT VARIANCE APPLICATION FOR: _� Residentiai _____Commercial/industr�ial _ S� n� PROPERTY INFORMATION: - site plan required for submittal, see attached Address: 6 3 0 i7 r f�i r S f r c e f ��,y;;�„�,,,, �� Property Ident�cation Number. Legal Description: Lot 2 Block 2 TractlAddition S,or:.►•� ,�t/alle�. . r�� n�o.��t 16 0�'� �� o�' Lef 2�, l31a� 2� s�? v..> �T— Current Zoning: Square footage/acreage: 2- O DD s �a. � �� � Reason for Variance: �l �eas t -S',e -c ,� �a �� �, ,�ti � � Have you operated a business in a cify which required a business license? Yes No _,� tf Yes, which city? If Yes, what type of business? , Was that license ever denied or revoked? Yes No � ������������������������� . � FEE OWNER INFORMATtON (as it appears on the property title) � (Contract purchasers: Fee owners must sign this form prior to pracessingj - r� NAME: CtiGlr`�c.1 ar.oQ /Yl a�/y.r �oc o v s- e�C ' ADDRESS: 1$ - 2 �'� e . E, s_ ' S�/ / DAYTIME PHONE: 6 56 - 7 yo Fl SIG ATURE/DATE: •' 6 ....,.�������......��.......r...�..,,..,..,�..����.,,...,.,..,�..,������.,.��...���� .............�......r... - PETITIONER INFORMATit�N � NAME: C� c;,. /e r I-( o c fl vt e '° ADDRESS: - 2 � � � .e : DAYTIME PHONE:6��y�9/o.-781-/3�2 SIGNATUR DATE: �' N�VNN�V�V1V1V+V�VA/tiNtiM/rIr/r�V^/hiV�VA/A/�V1V1V�/�ViY1VNN�V�VtiNA/IrNNti�ViV�V�V . M�Y . . . Section of City Code: � FEES . . Fee: �10Q.00 for commercial, industrial, or signs: Fee: $60.00 for residential properties: �,_ Receipt #: _szalaLl+L Reoeived By: ,_,_;: APPlication Number: C90-12 Scheduled Appeals Commission Date: � . � Scheduled City Council Date: � 10 Day Application Complefe �lotification Date: .60 Day Date: _ , Attachment to Variance Application for: 6330 Arthur Street Reason for Variance: The property at 6330 Arthur Street is unique because there is only a 27' frontage to the street, and this frontage is at the far northeast corner of the lot. Directly in front of the frontage there is a drainage ditch. Along the east side of the lot there is a 33'strip of land owned by the City. The City owns that 33' because originally Arthur Street was planned to go through to Rice Creek Road. Currently, this is unimproved land. Our builder has advised us that the garage should be placed toward the south side of the lot because of the drainage ditch and the elevations of the property. We would like to place our garage in front of the house at an angle. This allows for a somewhat shorter driveway that runs straight from the curb to the garage. Placing the garage in front of the house makes the footprint of the house and garage together about 60' from front to back. Adding a 12' deck increases it to over 70'. We would like to place the tip of the corner of the garage 20'from the front lot line. This is in character with the neighborhood since the full faces of the garages on the houses to the north (6350 and 6360 Arthur) are 20' from the lot line. Placing the tip of the garage at the standard 35' setback would give us front and back yards that are out of character with the neighborhood. A 35' front setback would place our front porch 67' from the front lot line. It would also place our deck 16' from the rear lot line, which would be in violation of the 31' rear setback. Given the unique nature of this lot and the access to it, the standard setbacks impose constraints that would cause a hardship for us. A 20' front setback allows us a shorter driveway and a nicer back yard, which is more in character with the neighboring houses. We are requesting a variance for a reduced front setback. We believe that the completed house as proposed will add character and value to the neighborhood. Sincerely, Charles and Marlys Kocourek CITY OF FRIDLEY PUBLIC HEARING NOTICE BEFORE THE APPEALS COMMISSION TO: Residents within 350 feet of 6330 Arthur Street CASE NUMBER: VAR #00-11 APPUCANT; Charles Kocourek 1811 26th Avenue N.E. Minneapolis, MN 55418 Petitioner or re resentative must be at meetin . PURPOSE; To reduce the front yard setback from 35 feet to 20 feet to allow the construction of a home and attached garage LOCAT/ON OF PROPERTY: 6330 Arthur Street LEGAL DESCR/PTION: North 160 feet of Lot 2, Block 2, Spring Valley Addition DATE AND T/ME Appeals Commission Meeting, Wednesday, May 24, 2000, OF HEARING: at 7:30 p.m. The Appeals Commission meetings are televised live the night of the meeting on Channel 35. PLACE OF Fridley Municipal Center, City Council Chambers HEARING: 6431 Universit Avenue HOW TO 1. You may attend hearings and testify. PARTICIPATE: 2. You may send a letter before the hearing to Scott Hickok, Planning Coordinator, or Paul Bolin, Planner, at 6431 University Avenue N.E., Fridley, MN 55432 or fax at 571- 1287. SPEC/AL Hearing impaired persons planning to attend who need an ACCOMMODATION: interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than May 17, 2000. (TDD 612-572-3534) ANY QUEST/ONS: Contact Scott Hickok, Planning Coordinator, at 572-3599, or Paul Bolin, Planner, at 572-3593. Mailing Date: May 12, 2000 . , , _ _ C�N OF FRIDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 •(612) 571-3450 • FAX (612) 571-1287 May 8, 2000 Charles & Marlys Kocourek 1811 26`h Avenue NE Minneapolis, MN 55418 Dear Mr. & Mrs. Kocourek: Per Minnesota Statute 15.99, local government units are required to notify land use applicants within 10 days if their land use applications are complete. 1Ne officially received your application for a variance on April 28, 2000. This letter serves to inform you that your application is complete. Your variance hearing and discussion will take place at the City of Fridley Appeals Commission Meeting on May 24, 2000 at 7:30 P.M. in the City Council Chambers at 6431 University Avenue. If you have any questions regarding this letter or the process, please feel free to contact me at 572-3593. Sincerely, Paul Bolin Planner PB C-00-89 `CURRENT RESIDENT G350 ARTHUR SI' NE FRIDLEY MN Bad Address 2 FRIDLEY MN 133024410047 MASSEBRANO FRANK C JR &r C J 1550 CAMELOT LN NE FRIDLEY MN 55432 133024410050 HEIEREN CRAIG M� MARY A 1521 RICE CREEK RD NE FRIDLEY MN 55432 133024410063 WALDORF GERALD F&� B M 6380 SQUIRE DR NE FRIDLEY MN 55432 133024410067 WAZWAZ KENNEDY 1541 CAMELOT LN NE FRIDLEY MN 55432 CURRENT RESIDENT 6360 ARTHUR ST NE FRIDLEY MN Bad Address 5 133024410048 RENS DENNIS E&r SANDRA L 1540 CAMELOT LN NE FRIDLEY MN 55432 133024410051 KASTENSEN W E� D J TRUSTEES 1541 RICE CREEK RD NE FRIDLEY MN 55432 133024410064 HOLMES GREGG W&t GIGI H 6360 SQUIRE DR NE FRIDLEY MN 55432 133024410068 HAUCK HELMER F&� FLORENCE I 1521 CAMELOT LN NE FRIDLEY MN 55432 Bad Address 1 FRIDLEY MN Bad Address 6 133024410049 STRANDE JAMES E&r V J 1520 CAMELOT LN NE FRIDLEY MN 55432 133024410052 CEDARHOLM DARRELL J&� J M 1551 RICE CREEK RD NE FRIDLEY MN 55432 133024410066 PAYNE JAMES H JR � JUDY A 1551 CAMELOT LN NE FRIDLEY MN 55432 133024410069 DEWING DENNIS �sz ANN 1501 CAMELOT LN NE FRIDLEY MN 55432 133024410070 133024410071 133024410072 BECCHETTI STEPHEN D&� DARRI KOTCHEN SCOTT A&r MARY K NORGAARD DIRK L�e LISA K 6361 ARTHUR ST NE 6381 ARTHUR ST NE 6401 ARTHUR ST NE FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432 �133024410081 133024410082 133024420028 NYBERG MARK DALE OESTREICH KENNETH L&r SHERYL L CURRENT RESIDENT 1501 RICE CREEK RD NE 1510 CAMELOT LN NE 1476 64TH AVE NE FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 133024420028 Bad Address 3 133024420030 HOLLISTER DOROTHY M 1466 64TH AVE NE FRIDLEY MN 55432 133024420033 HART HERBERT N&z SYLVIA E 1450 64TH AVE NE FRIDLEY MN 55432 133024420037 PAULSON MARIAN 1425 RICE CREEK RD NE FRIDLEY MN 55432 133024430012 OLSON CAROLYN M TRUSTEE * 1430 RICE CREEK RD NE FRIDLEY MN 55432 133024420028 133024420029 Bad Address 4 ANDERSON HJALMER �st RUBY 1491 RICE CREEK RD NE FRIDLEY MN 55432 133024420031 EYLER WALTER C JR �St INGE 1456 64TH AVE NE FRIDLEY MN 55432 133024420034 OLSON BRUCE R&� AUDREY A 1442 64TH AVE NE FRIDLEY MN 55432 133024420056 BRICKNER MARGAREI' A 1441 RICE CREEK RD NE FRIDLEY MN 55432 133024430013 SCHOLER R D�st MYKLEBUST M* 6282 KERRY LN NE FRIDLEY MN 55432 133024420032 LENNOX HERBERT W III 1461 RICE CREEK RD NE FRIDLEY MN 55432 133024420036 CICH JEFFERY A&� JENNIFER M 1426 64TH AVE NE FRIDLEY MN 55432 133024430001 KLUCSAR YOAVA 1420 RICE CREEK RD NE FRIDLEY MN 55432 133024430014 WESTOVER BRIAN L� CAROL A 6274 BEN MORE DR NE FRIDLEY MN 55432 133024430028 133024430029 133024430030 ROWE MARGARET A GUZIK ANDREW P� HEATHER L FULLER THOMAS E&r CAROLE K 6291 KERRY LN NE 6283 KERRY LN NE 6275 KERRY LN NE FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432 �133024430031 133024430032 133024430087 BRINDA JAMES J&� MARY ANN ZELINSKI MARILYN J&t RAYMOND E KIDDER TIMOTHY J�St DEBORAH A 6267 KERRY LN NE 6259 KERRY LN NE 1450 RICE CREEK RD NE FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432 133024440007 DAHL JAMES STERLING 1520 RICE CREEK RD NE FRIDLEY MN 55432 133024440088 SVANDA RICHARD A�st K A 1521 WOODSIDE CT NE FRIDLEY MN 55432 133024440114 RING JAMES J� MARY L 1500 RICE CREEK RD NE FRIDLEY MN 55432 133024440008 CHIES LESTER � NANCY M 1530 RICE CREEK DR NE FRIDLEY MN 55432 133024440089 BARON PAULA M 6240 RICE CREEK DR NE FRIDLEY MN 55432 133024440087 SERIE MICHAEL J &r PATRICIA 1531 WOODSIDE CT NE FRIDLEY MN 55432 133024440113 MARSH RONALD L � JOYCE 1490 RICE CREEK RD NE FRIDLEY MN 55432 City of Fridley Land Use Application VAR #00-11 May 24, 2000 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Charles Kocourek 1811 26"' Ave. NE. Minneapolis, MN 55418 Requested Action: Variance to reduce front yard setback from 35' to 20'. Existing Zoning: R-1 (Single Family Residential) Location: 6330 Arthur Street Size: 20,000 sq. ft. .46 acres Existing Land Use: Single family home. Surrounding Land Use & Zoning: N: Single Family & R-1 E: Single Family & R-1 S: Single Family & R-1 W: 5ingle Family & R-1 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Sec. 205.07.03.D.(1) requires a front yard setback of 35'. Zoning History: 1941 - Lot is platted. 2000 — Lot is split. Legal Description of Property: North 160'of Lot 2, Block 2, Spring Valley Public Utilities: Available near site. Transportation: Arthur Street provides access to site. Physical Characteristics: Undeveloped, slight slope to North. SUMMARY OF PROJECT Petitioner is seeking a variance to construct a home and attached garage, that encroaches in the front yard, leaving a 20' front yard setback for a corner of the garage. SUMMARY OF HARDSHIP "Given the unique nature of this lot and the access to it, the standard setbacks impose constraints that would cause a hardship for us. A 20' front setback allows us a shorter driveway and a nicer back yard, which is more in character with the neighboring houses. " SUMMARY OF ANALYSIS City Staff has no recommendation, as similar variances have been granted to neighboring properties in the past. VAR #94-18 6350 & 6360 Arthur Street ■ Setback reduced to 20' for the construction of new homes on these two properties adjoining the petitioners. Staff Report Prepared by: Paul Bolin \ _ � 1 1 ANALYSIS Petitioner is seeking a variance to construct a home and attached garage, that encroaches in the front yard, leaving a 20' front yard setback for a corner of the garage. The property located at 6330 Arthur Street was created through a lot split earlier this year. City engineering staff has addressed their concerns over drainage issues, utility installation, and driveway location through a series of stipulations placed on the Lot Split. The natural drainage found on this site will be protected and preserved through utility and drainage easements. This parcel has 27' of frontage on Camelot Lane (code only requires 25') and 123' of frontage along (the unimproved) Arthur Street. RECOMMENDATIONS City Staff has no recommendafion, as similar variances have been granted to neighboring properties in the past. VAR #94-18 6350 & 6360 Arthur Street ■ Setback reduced to 20' for the construction of new homes on these two properties adjoining the petitioners. �, ��.�,..� .. �--,'��� � North edge of property. STIPULATIONS Staff recommends that the following stipulation be attached to the variance approval. 1. Petitioner obtain all necessary permits prior to construction. 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Bnil�rlD�sigue� �ti� ��'— ?���� CITY OF FRIDLEY APPEALS COMISSION MEETING MAY 24. 2000 CALL TO ORDER: Chairperson Kuechle called the May 24, 2000, Appeals Commission meeting to order at 7:30 p.m. ROLL CALL: Members Present: ��Larry Kuechle, Blaine Jones, Kenneth Vos, Jon Tynjala Members Absent: None. Others Present: Paul Bolin, Planning Assistant Wil Bonine, 601 Glencoe St. Kevin and Michelle Leslie, 600 Hugo St. Charlie and Marlys Kocourek, 1811 26�' Ave. APPROVAL OF THE MAY 10 2000 APPEALS COMMISSION MEETING MINUTES: MOTION by Mr. Jones, seconded by Mr. Tynjala, to approve the May 10, 2000 Appeals Commission meeting minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANtMOUSLY. f� Per Section 205.07.03.D.(1) of the Fridley Zoning Code, to reduce the front yard setback from 35 feet to 20 feet to allow the construction of a- home and attached garage on the north 160 feet of Lot 2, Block 2, Spring Valley Addition, generally located at 6330 A�thur Street. MOTION by Dr. Vos, seconded by Mr. Jones, to waive the reading and open the public hearing. Seconded by Mr. Jones. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DEGLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 7:34 P.M. Mr. Bolin stated that the petitioner is requesting a variance to reduce the required front yard setback from 35 to 20 feet to allow the construction of a home and an attached garage. The petitioners had a lot split completed earlier this spring. The property is zoned R-1 single family as are all the surrounding properties. The lot was platted in 1941. During the lot split process, one of the neighbors expressed concern about the effects of a single family home on this property and the runoff created. Those concerns have been addressed through stipulations. APPEALS COMMISSION MEETING, MAY 24, 2000 PAGE 2 Mr. Bolin stated that the 20-foot front yard setback is consistent with the finro homes immediately to the north of the property. Adjoining property owners to the immediate north and to the west wondered about the variance. After he explained to them that the front yard setback would be reduced to 20 feet, the neighbors seemed to be in favor of this due to more back yard space for the Kocoureks. Mr. Bolin stated the petitioner's hardship is: "Given the unique nature of this lot, and the access to it, standard setbacks impose constraints that would cause a hardship for us. The twenty foot setback allows a shorter driveway and a nicer backyard, more in character with the neighboring houses." Mr. Bolin stated staff has no recommendation. Similar variances have been granted to neighboring properties. Variance #94-18 reduced the front yard setback to 20 feet with the construction of new homes to neighboring properties at 6350 and 6360 Arthur Street. If the Commission approves the variance, staff recommends that the stipulation be attached that the petitioner obtain all necessary permits prior to construction. Mr. Bolin stated that the petitioner's driveway would be accessed off Arthur Street and come in at an angle. The corner of the garage would be set back 20 feet from the property �ine. That would be consistent with the property to the north and in back. Mr. Kuechle asked if the unimproved Arthur Street is going to be improved. Mr. Bolin stated that is not likely. That would involve acquiring property from the adjoining landowners on the east side of Arthur Street. There is an informal path that the neighborhood enjoys using and would like to continue to use. Dr. Vos asked if you can still access this from Rice Creek. Mr. Bolin stated that the home to the south is accessed from Rice Creek. The petitioners, Charles and Marlys Kocourek, stated that this house design makes the house rather deep with the garage primarily in front. They tried other options and this is the best one. Dr. Vos stated that it is a long driveway. MOTION by Dr. Vos, seconded by Mr. Tynjala, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 7:42 P.M. Dr. Vos stated this is a unique property and with unimproved Arthur Street probably not being improved, they are talking about a distance from a non-existing road and he would vote in approval for this variance. APPEALS COMMISSION MEETING, MAY 24, 2000 ___ __ PAGE 3 Mr. Kuechle stated that he agrees. He thinks the spirit of the requirement is so that they do not have a clutte�ed crowded look. Mr. Jones stated that he would agree. Are there are lot of streets in the City that are not used? Mr. Bolin stated that they have a lot of alleyways but not streets. Mr. Jones stated that they have a nice layout, and it is compatible with the neighborhood and he would vote_for this. Mr. Tynjala stated he would agree. MOTION by Dr. Vos, seconded by Mr. Jones, to approve Variance, VAR #00-11, by Charles and Marlys Kocourek to reduce the front yard setback from 35 feet to 20 feet to allow the construction of a home and attached garage on the north 160 feet of Lot 2, Block 2, Spring Valley Addition, generally located at 6330 Arthur Street, with the following stipulation: 1. The petitioner shall obtain all necessary permits prior to construction. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. KEVIN LESLIE: Per Section 205.07.03.d.2.(c).(3 Fridley Zoning Code, to reduce the side yard setback on a corner lot from 25 f t to 17 feet to allow the reconstruction of a garage on Lots 55 & 56, Block S, iverview Heights Addition, generally located at 600 Hugo Street. MOTION by Mr. Jones, seconded by Mr. T the reading. UPON A VOICE VOTE, ALL VOTING AYE, THE MOTION CARRIED AND THE PUBLIC , to open the public hearing and waive AIRPERSON KUECHLE DECLARED :ARING WAS OPENED AT 7:45 P.M. Mr. Bolin stated that the property is zoned R-1 si gl� platted in 1922, and the home was built in 1961. h petitioner's home is on the corner of Broad and H the same setback. The petitioners are reconstructi eliminate some structural deficiencies that currently broken up and there are problems with water rotting garage will not encroach on the setbacks any more ; family residential. The lot was e garage was built in 1962. The �. All the properties on Broad have g the existing garage in order to xist. The slab inside the garage is e doors out. The proposed :h n the existing garage would. Mr. Bolin stated the petitioner's hardship states: "The g rage cannot be built to meet current City codes due to the lack of land. Also the gara e currently lines up with the � STATE OF MINNESOTA COUNTY OF ANOKA CITY OF FRIDLEY In the Matter of: VAR #00-11 ) ) ) Owner: Charles Kocourek and Marlys E. Kocourek � � - `� ° o��.Q • � � (��(°3 APPEALS COMMISSION PROCEEDINGS VARIANCE The above entitled matter came before the Appeals Commission of the City of Fridley and was heard on the 24th day of May, 2000, on a petition for a variance pursuant to the City of Fridley's Zoning Ordinance, for the following described property: To reduce the front yard setback from 35 feet to 20 feet to allow the construction of a home and attached garage on the north 160 feet of Lot 2, Block 2, Spring Valley, subject to easement of record, generally located at 6330 Arthur Street IT IS ORDERED that a variance be granted as upon the following conditions or reasons: Approved with one stipulation. See attached May 24, 2000, Appeals Commission minutes. STATE OF MINNESOTA COUNTY OF ANOKA CITY OF FRIDLEY ) ) OFFICE OF THE CITY CLERK I, Debra A. Skogen, 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 transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at the City of Fridley, Minnesota, in the County of Anoka on the /,� -Nh day of �,,,,�,_ , 2000. DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 Debra A. Skogen, City Clerk 9\'a�'4i 3., ' . . � �� _ ��� �k �`� F - t � /✓ � {"'\ V � f ♦ t'?o/ i.F 1 d t �; r�.I' s g �� � � � � � '�:: 1 ,r ! �'` � d'"�� d� i k��f � ,w � t.a,. '� : '�,',. y 4 ?,�;i ° � * � k'.� �'�" { 6f !*> Y � '� ' s. � � c.� �� s s' � S�'� i.i � ;�y .� � Xv� x:,��� ,� �art.� � �',� � ' � w �,� 1 ��� ,����tii��' � ,:� t � � � � �����;�;�� �.4� 4 �i'F�i�'+�'�.`, a<^ . . Variances are valid for a period of one year following approval and shall be considered void if not used within that period. CITY OF FRIDLEY APPEALS COMISSION MEETING MAY 24, 2000 CALL TO ORDER: Chairperson Kuechle called the May 24, 2000, Appeals Commission meeting to order at 7:30 p. m. ROLL CALL: Members Present: ��Larry Kuechle, Blaine Jones, Kenneth Vos, Jon Tynjala Members Absent: None. Others Present: Paul Bolin, Planning Assistant Wil Bonine, 601 Glencoe St. Kevin and Michelle Leslie, 600 Hugo St. Charlie and Marlys Kocourek, 1811 26�' Ave. APPROVAL OF THE MAY 10 2000 APPEALS COMMISSION MEETING MINUTES: MOTION by Mr. Jones, seconded by Mr. Tynjala, to approve the May 10, 2000 Appeals Commission meeting minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING' VARIANCE REQUEST VAR #00-11 BY CHARLES KOCOUREK: Per Section 205.07.03.D.(1) of the Fridley Zoning Code, to reduce the front yard setback from 35 feet to 20 feet to allow the construction of a� home and attached garage on the north 160 feet of Lot 2, Block 2, Spring Valley Addition, generally located at 6330 Arthur Street. MOTION by Dr. Vos, seconded by Mr. Jones, to waive the reading and open the public hearing. Seconded by Mr. Jones. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 7:34 P.M. Mr. Bolin stated that the petitioner is requesting a variance to reduce the required front yard setback from 35 to 20 feet to allow the construction of a home and an attached garage. The petitioners had a lot split completed earlier this spring. The property is zoned R-1 single family as are all the surrounding properties. The lot was platted in 1941. During the lot split process, one of the neighbors expressed concern about the effects of a single family home on this property and the runoff created. Those concerns have been addressed through stipulations. APPEALS COMMISSION MEETING, MAY 24, 2000 PAGE 2 Mr. Bolin stated that the 20-foot front yard setback is consistent with the two homes immediately to the north of the property. Adjoining property owners to the immediate north and to the west wondered about the variance. After he explained to them that the front yard setback would be reduced to 20 feet, the neighbors seemed to be in favor of this due to more back yard space for the Kocoureks. Mr. Bolin stated the petitioner's hardship is: "Given the unique nature of this lot, and the access to it, standard setbacks impose constraints that would cause a hardship for us. The twenty foot setback allows a shorter driveway and a nicer backyard, more in character with the neighboring houses." Mr. Bolin stated staff has no recommendation. Similar variances have been granted to neighboring properties. Variance #94-18 reduced the front yard setback to 20 feet with the construction of new homes to neighboring properties at 6350 and 6360 Arthur Street. If the Commission approves the variance, staff recommends that the stipulation be attached that the petitioner obtain all necessary permits prior to construction. Mr. Bolin stated that the petitioner's driveway would be accessed off Arthur Street and come in at an angle. The corner of the garage would be set back 20 feet from the property line. That would be consistent with the property to the north and in back. Mr. Kuechle asked if the unimproved Arthur Street is going to be improved. Mr. Bolin stated that is not likely. That would involve acquiring property from the adjoining landowners on the east side of Arthur Street. There is an informal path that - the neighborhood enjoys using and would like to continue to use. Dr. Vos asked if you can still access this from Rice Creek. Mr. Bolin stated that the home to the south is accessed from Rice Creek. The petitioners, Charles and Marlys Kocourek, stated that this house design makes the house rather deep with the garage primarily in front. They tried other options and this is the best one. Dr. Vos stated that it is a long driveway. MOTION by Dr. Vos, seconded by Mr. Tynjala, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 7:42 P.M. Dr. Vos stated this is a unique property and with unimproved Arthur Street probably not being improved, they are talking about a distance from a non-existing road and he would vote in approval for this variance. � � APPEALS COMMISSION MEETING, MAY 24, 2000 _ _ PAGE 3 Mr. Kuechle stated that he agrees. He thinks the spirit of the requirement is so that they do not have a cluttered crowded Iook. Mr. Jones stated that he would agree. Are there are lot of streets in the City that are not used? Mr. Bolin stated that they have a lot of alleyways but not streets. Mr. Jones stated that they have a nice layout, and it is compatible with the neighborhood and he would vote for this. Mr. Tynjala stated he would agree. MOTION by Dr. Vos, seconded by Mr. Jenes, to approve Variance, VAR #00-11, by Charles and Marlys Kocourek to reduce the front yard setback from 35 feet to 20 feet to allow the construction of a home and attached garage on the north 160 feet of Lot 2, Block 2, Spring Valley Addition, generally located at 6330 Arthur Street, with the following stipulation: 1. The petitioner shall obtain all necessary permits prior to construction. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. KEVIN LESLIE: Per Section 205.07.03.d.2.(c).(3) Fridfey oning Code, to reduce the side yard setback on a corner lot from 25 feet to 1 feet to allow the reconstruction of a garage on Lots 55 & 56, Block S, Rivervi Heights Addition, generally located at 600 Hugo Street. MOTION by Mr. Jones, seconded by Mr. Tynjala, the reading. UPON A VOICE VOTE, ALL VOTING AYE, C THE MOTION CARRIED AND ThlE PUBLIC � open the public hearing and waive �ERSON KUECHLE DECLARED NG WAS OPENED AT 7:45 P.M. Mr. Bolin stated that the property is zoned R-1 single) platted in 1922, and the home was built in 1961. The petitioner's home is on the corner of Broad and Hugo the same setback. The petitioners are reconstructing eliminate some structural deficiencies that currently e broken up and there are problems with water rotting t garage will not encroach on the setbacks any more tr imily residential. The lot was �arage was built in 1962. The All the properties on Broad have e existing garage in order to t. The slab inside the garage is doors out. The proposed the existing garage would. Mr. Bolin stated the petitioner's hardship states: "The ga age cannot be built to meet current City codes due to the lack of land. Also the gara currently lines up with the ABSTRACT �' '" Receipt � I � ❑ Cartified Copy 3 t-� • � Date Malled DaterTime: ! I�� ❑ Tax L!ens i Releases Doc.Order I cr ; G ����c�-co oo� T� Pd �/ by: Pins: i Recordaoiiity Delqs: Ij Q Transfer ❑ New Desc. I Filing Fees ` � �� � ❑ Division ❑ GAC Well Certiricate i❑ Status ❑ Def. Spec Received this Date: ; Anoka Counry Recorder ;❑ Other � No Change _ I / ' Notes: DOCUMENTNO. 1506203.0 ABSTRACT ANOKA COUNTY MINNESOTA I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS FILED IN THIS OFFICE FOR RECORD ON JLTN 13 2 O O O AT 5: O O PM AND WAS DULY RECORDED. FEES AND TAXES IN THE AMOUNT OF $19 . 5 O pp�p. RECEIPTNO. 2����47�66 EDWARD M. TRESKA ANOKA COUN7Y PROPERIY TAX ADMINISTRATOR/RECORDER/REGISTRAR OF TITLES BAP er DEPUTY PROPERIYTAX ADMINISTRATORIRECORDER/REGISTRAR OF TITLES * + t � " _ _ CIZYOF FRtDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 •(612) 571-3450 • FAX (612) 571-1287 APPEALS COMMISSION ACTION TAKEN NOTICE May 26, 2000 Charles Kocourek 1811 26th Avenue Minneapolis, MN 55418 Dear Mr. Kocourek: On May 24, 2000, the Fridley Appeals Commission officially approved a request for variance, VAR #00-11, to reduce the front yard setback from 35 feet to 20 feet to allow the construction of a home and attached garage on the north 160 feet of Lot 2, Block 2, Spring Valley Addition, generally located at 6330 Arthur Street, with the following stipulation: 1. The petitioner must obtain all necessary permits prior to construction. You have one year from the date of the Appeals Commission action to initiate construction. If you cannot begin construction during this time, you must submit a letter requesting an extension at least three weeks prior to the expiration _date. If you have any questions regarding the above action, please call me at 572-3593. Sin rely, � �� Paul Bolin Planner Please review the above action, sign below, and return the original to the Ci f Fridley Planning Department by June 9, 2000. PB:Is Concur with action tak n