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VAR90-29�\� � �\ _ CIlYOF FRIDLEY FRIDLEY MUNICIPAL CEN7'ER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 •(612) 571-3450 • FAX (612) 571-1287 CITY COUNCIL ACTION TAi�N NOTICE Dennis Garner 7119 Ashton Avenue N.E. Fridley, A�T 55432 Dear Mr. Garner: November 20, 1990 On November 19, 1990, the Fridley City Council officially approved your request for a variance, VAR #99-29, to increase the area an unenclosed deck can e�ctend into the side yard from 3 feet to 8 feet, to allow the construction of an unenclosed deck on Lot 6, Block 2, Hillcrest Addition, the same being 7119 Ashton Avenue r"� N.E., with the following stipulation: � 1 The property owner shall sign and record against the property an agreement stating he understands that the deck can never be enclosed. We will send you an agreement to sign within the next week to ten days. If you have any questions regarding the above action, please call the Planning Department at 571-3450. � � � �.�---.. Sincerely, I� ��+�� (iLqv'GQ.w1�- -� L3e. v�¢ex� iv� �e,� t I • °I � aa �e�v-�ned. l Barbara Dacy � Planning Coordinator sD/dn Please review the noted stipulations, sign the statement below and return one copy to the City of Fridley Planning Department by December 4, 1990. � Concur with action taken a�� kG-. .��i�e �� -- - ----- , - - �� ld � .- � � S � �-e��1 �, l�-�A�ie� %a �O u.-�G�, a .� ��-� �t 7ii y' •�slr�r �e �t/� ��,;��,� � �i� /�' ��lG �tz- ?."� � °�.�- o,�' �z� �/i � �;��1 �.�e ��'. � � l � �.,�-� , ,, r-, _ _ �i . _ „ .� _ -�-- �� / _e .e.0 er��l r n . 57�� / 1�S � l L�� ,` /�� F� ti" �` �� aq Z.,X�•. �� R�r�j�� pn h. ty •"ir�,�P b� I"j��n �a �t, � �Q/` I�l . .. �.d �'yi 2. � � .�- Z� �° T . / 1,�2C' ��. IS %,va�� %Nimately �� '� �.boc�� r � �h�. -- Lt I � <��o�r2� � � z „X �„ ��1�-�. ;2�'-�e-�re 1 To ��rn e o f ��zcs� �-� c� � r�gd� az �? 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(Contract Purchasers: Fee Ow� sign this form prior to � � N�fME � AD�.S 1]AVmrnr�: p� SIQJA�TJi2E �E -- �..,._�_...._......_� P�TI'iIOI�R I1�OI�TION NAME � n i s -��'- �r?9 �1/�P /L ADLH2F5S %i / S' �� ..� .�} � i✓. � . �: � $100.00 $ 60000 Aar,nit VAR � ��%'� A�lication reca�ived by: � • � 1 s .�` t - : ' � � • - ,�, . .r- Schec�uled Appeals O�nais`sion date: Sc�led City �il date: �......., a.,.. _......... �....... � � 3.� /� .� L1 $y u � r �' l-----_�---� � � � �� 6431 �TIVERSITY AVENt)E AT.E. FRmLEY� 1�IIJ 55432 (lo�l3ty D�tel,�gpt �t (612) 571-3450 V1ARI1� 1siP'PTa'[C'�TI�1 F� � ......,,.....,.� PR�PF�tTY II�TI�T - site plan required for sulmittals: s�ee attached .,......,.~~ Ad,dress: %//� ��i7�i�N � 7�• � h, c�/e,� �.9 N Iegal description: , � �� Ttact/Ad,dit.ion C�.rrent zoning: Square footage/acreage �Reea�son for va�� and l�ardship: �'r�rme i ��RS' - ��%w�io�� G�4.�ra ?o - _- ��It�-t,�.ric�- ^ ��`e - 'r4 �' P�- �r �4 -,l7 (n i rr� 41rea� - . � es s o p4� C A �? 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I [� BOB A. � � COMMENTS �'�L �'s� L c-��- � � �� ._— � _ u� - .� �F ��-�: ��. �� -� �,� °�-' `'`�°�`°�' �'-�,/�' `-�.,� � � �, � �r� ., �� -� �,e�..,�i�:: ��—� � � � � `-�- :o�� Bctober 28� 1990 CitJ °� ��$y = lo�atio� and s'�1� of to ths sctio"� g We h��,� �g deck• ��d it �,00ks li� a �yc • ��t � vi . gt do�ddit�-°n to the PrOpertT �ea more Pxi�ac�'. �Ce act it af�pr� owc Patio ��ton �ve. I�. E . Sx� � 711�i October 28, 199� Cit� °� �� • s �ck• s � arnez' �Te ha,v� no ob�ect�-ens tO � ni�� addit�-�n to the h�8. ooka ee� �ice a� � �, �iew i.t se�� C�e It 1 c�1� de��nsa ch ��d$ the Cx�'ners '� It is � additiOn 8hi a natur �, �. 7109 �shton �ve. � Z� � n P �i PIIBLIC HEARIN(3 BEFORE THE APPEALS COMMI88ION � 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, October 30, 1990, at 7:30 p.m. for the purpose of: Consideration of variance request, VAR #90-29, by Dennis Garner, per Section 205.04.06.A.(3) of the Fridley City Code, to increase the area an unenclosed deck can extend into the side yard from 3 feet to 8 feet, to allow the construction of an unenclosed deck, on Lot 6, Block 2, Hillcrest Addition, the same being 7119 Ashton Avenue N.E., Fridley, Minnesota, 55432. Any and all persons desiring to be heard shall be given the opportunity at the above stated time and place. DIANE SAVAGE CHAIRPERSON APPEALS CONIlKISSION Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. City Cotmcil City Nlanac�r I�ane Savac� 567 Riae GreeJc Terra�e N.E. Fridley, NAT 55432 D�nnis Carner 7119 Ashton Avenue 1V.�. Fridley, NN 55432 Cbunty of Anoka 325 Ea.�t.Mai� Stxeet Anoka, NN 553Q3 Janet Iehrke 7136 East River Roa,d Fridley, NN 55432 Jerry Tollefson, Inc. 106 - 71 1/2 ��Tay Ns�. F'ri-dley, NN 55432 l�b,ert Fetraa 7061 Hickoxy Drive N.E. Fridley, NN 55432 Ies]ie Blinco 7067 Hickory Drive N.E. Fridley, NN 55432 l�bert Petexson 7075 Ha.cTcoxy D,ri,ve N.E. Fridley, Ni�T 55432 � n N1�4ILING LIST FC)R VARTAN(� # 90-29 7119 Ashton Av�nue - llennis Garner �Geore�e ,Axidr� 7083 H:icJco�r Dxive N,E. F'ridley, N.�T 55432 A. �, N�,chOls 7Q�3 H%ckoxy Drive 1V. E. Fridley, l�d 55432 June N�chols Fa�4� Iii.ckOa:�r D,�aeve .N.Ee �'r%dley, NN �5432 J�e N�chols 7Q91 �Li„akqxy Dxiye N.E. �'r.idley, NY�T 55432 Dav.i.a :�yan 709g Ha:_ckQr�r Dx�.ve N,E, �'ridley�, MV 55432 Da.vid Ryan 1441 -- 98th Lane N.inTs Coon Ra,pids, N.�T 55433 ln�e�leg Garca.,a 71Q9 Ashton Avenue N.E. kYa°dley, l�'�1' 55432 �PY Acres 4952 Uni.ty A enue Rpbbinsda..le, NP7 55422 N1a�.led: 10/l�/30 Michael Corbett 7115 Asiiton �lvenue N.E, Fridley, N�1 55432 Don McMillon 7119 Ashton Avenue N.E. Fridley, �T 55432 T.imothy Edwards 7125 Ashton A�nue N.E, Fridley, MN' 55432 5andra Imberi 7129 As..T�ton Avenue Ed.E. Fridley, N�1 55432 Steven O' Q�i.nn 7135 East River Road Fridley, N�T 55432 Harbara Friedhoff 7155 East River Rc�a.d Fridley, N�d 55432 � �� , � � • �► , � �, ,� : �� t !, -` ,' , i � � � ' � , -� � , � S � � � � ��-��.. .� _ �� -� � � �� 6 �, � �� d � � (� �� '�� . . �� Q .�.� . - ��-� f.;� � �� . � `� �, � � �, � �� L w� � �,� � �, � �` �. �o� � �� . o � � �' ♦ � � , I ` , r I �� `' � / �� . � . � � � ,�7 �� . � R cc�, ? _, _ � � -� ��. �_ �� _ , . ` 4%V�C g � � j � � � - �„� �"�, 1000 APPEALB COI�IIrlIBBION MEETINa. OCTOBER 30. 1990 PA(3E 8 3. CONSIDERATION OF VARIANCE #90-29 BY DENNIS GARNER• Per Section 205.04.06.A.(3) of the Fridley City Code, to increase the area an unenclosed deck can extend into the side yard from 3 feet to 8 feet, to allow the construction of an unenclosed deck, on Lot 6, Block 2, Hillcrest Addition, the same being 7119 Ashton Avenue N.E. Ms. McPherson stated the property is zoned R-1, Single Family Dwelling, as are the parcels to the north, south, and west. The property abuts the Burlington Northern right-of-way on the east. Ms. McPherson stated the petitioner has already constructed the deck which extends 8 feet into the side yard and replaced an existing deck which only extended the allowed 3 feet into the side yard in the same location. The deck is adjacent to the kitchen area and is used by the petitioner for the family barbecue and could be used as a second fire exit and provides a means of getting from the kitchen area on the second floor to the lower level of the back yard. There is approximately a 6 foot drop west to east along the petitioner's property. Ms. McPherson stated the petitioner does have a second patio area which is located on the lower level to the rear of the house. Ms. McPherson stated the Zoning Code requires that a deck can only extend 3 feet into the side yard. A 3 foot wide deck would still provide room for the petitioner to exit the kitchen area, would still allow the transition between the kitchen and the lower level, and could still accommodate a barbecue grill. Ms. McPherson stated that on the lot to the south is a two car garage which has been constructed within Code at 3 feet from the lot line. That garage was constructed with no openings which allow it to be rated at a one hour fire ratinq. The petitioner�s deck as constructed is only 3 feet from this adjacent garage. Ms. McPherson stated the petitioner has submitted two alternatives for smaller decks. Both of the alternatives would require variances; however, the variances would not be as great as the one proposed. One alternative is to construct a 4 ft. x 12 ft. deck in the same location. The other alternative is to construct a 6 ft. x 12 ft. deck in the same location. Ms. McPherson stated the petitioner does have an alternative for a recreational space for the family barbecue, even thought it would not be as convenient. The Code also allows a deck of 3 feet which would serve the purposes of the petitioner. For these reasons, the staff recommends the Appeals Commission recommend denial of the variance request to increase the encroachment of an unenclosed deck into the side yard from 3 feet to 8 feet. However, if the Appeals Commission chooses to recommend approval, staff recommends the following stipulation: � ti � ,� 10PP �iPPEAL6 CO1rII�I86ION 1KEETINa. OCTOBER 30. 1990 PAGE 9 1. The petitioner sign and record aqainst the parcel an agreement stating that he understands that the deck can never be enclosed. Mr. Ruechle asked if there is any Fire Code regulations about barbecue grills on wooden decks. Ms . McPherson stated she did not know but could check into that before the City Council meeting. Ms. McPherson stated the petitioner did submit two letters from adjacent neighbors stating they had no objection to the variance. MOTION by Dr. Vos, seconded by Ms. Smith, to receive into the record letters dated October 28, 1990, from Michael Corbett, 7115 Ashton Avenue, and Wes Garcia, 7109 Ashton Avenue, stating they have no objection to the variance as proposed. IIPON A VOICL VOTE, ALL VOTINQ AYS, VICF-CHAIRPERSON RIIECHLE DECLARED THE MOTION CARRIED ONANIMOIISLY. MOTION by Dr. Vos, seconded by Ms. Smith, to open the public hearinq. �PON A VOICE VOTE, ALL VOTING AYS, VICE-CHAIRPERSON RIIECHLE DECLARED T8E MOTION CARRIED AND THE pIIBLIC HEARING OPEN AT 8:25 P.M. Mr. Garner stated he is not the homeowner, but the renter of 7119 Ashton Avenue. He stated he has a signed document granting permission to build the new deck. He stated he was unaware of the Code requirements when he built the deck; and, apparently, there was a complaint which brought this to the attention of Darrel Clark, Chief Building Official. He stated he would like to keep the deck as proposed, but if it is impossible to do that, he will tear it down and rebuild it. Mr. Garner stated he has received only good comments from his neighbors, that it provides a good view and affords more immediate privacy to the adjacent neighbor. He stated he is willing to conform to whatever the City decides. He stated if he is required to tear down the deck and rebuild it, he would appreciate it if the work could be delayed until spring. Ms. McPherson stated that if the Commission recommends denial, staff would recommend that the Commission make that a stipulation. OTION by Ms. Smith, seconded by Dr. Vos, to close the public hearing. �. ��, ,�,"'�, 10QQ APPEALB COI�IIrIIBBION ME�TINa� OCTOSSR 30, 1990 PAaE 10 IIPON A VOICS VOTE, ALL VOTINa 11YE, VICL-CHAIRP$RSON RIIECHLE DECLARED TH$ MOTION CPiRRILD lIND TH$ PDBLIC HEARINa CLOBLD AT 8:35 P.M. Mr. Ruechle stated he has looked at the property, and he believed anyone would agree that the deck with the enclosure is an improvement over what the�old deck. It looks good and fits in well with the house. He stated he wished the petitioner had built the deck at 6 feet rather than 8 feet, but he could not see a real strong reason to require him to cut off 2 feet. Mr. Ruechle stated that even though he is qenerally quite reluctant to grant a variance after the fact, in this case he would recommend approval of the variance. Ms. Smith stated her only concern is the proximity of the deck to the adjacent garage. If there is no fire hazard, then there shouldn't be a problem. She agreed with Mr. Ruechle that she also did not like to approve variances after the fact; however, the petitioner did not intentionally build the deck without a variance, and she would be inclined to recommend approval. Dr. Vos stated this is a very narrow lot, and the deck looks like it is out of variance. His only concern is also the distance between the deck and the neighbor's garage. A 6 foot wide deck would still look close, and it would be a lot of work to tear it down and cut off 2 feet. The neighboring garage is at a different elevation, and there are no sight lines to be obstructed. There is a high fence on the south side to block off the view. He, too, did not like granting variances after the fact, but he thought he could live with the variance as proposed. OTION by Dr. Vos, seconded by Ms. Smith, to recommend to City Council approval of variance reguest, VAR #90-29, by Dennis Garner, per Section 205.04.06.A.(3) of the Fridley City Code, to increase the area an unenclosed deck can extend into the side yard from 3 feet to 8 feet, to allow the construction of an unenclosed deck, on Lot 6, Block 2, Hillcrest Addition, the same being 7119 Ashton Avenue N.E., with the following stipulation: 1. The owner of the property sign and record against the parcel an agreement stating that the owner understands that the deck can never be enclosed. IIPON A VOICE VOTE, ALL VOTINa AYE, VICE-CHAIRPER80N RIIECBLE DECLARED THE MOTION CARRIED IINANIMOIISLY. Ms. McPherson stated this item will go to City Council on November 19, 1990. � �' ;� - 10GG � STAFF REPORT APPEALS DATE october 30, 1990 CI^IY OF PLANMING COMMISSION DATE FIZIDLE.Y CiTY COUNCIL DATE Plovember 19, 1990 AuTHOR �� REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION SITE DI�TA SIZE DENSITY PRESENT ZONING ADJACENT LAND USES � ZOIVWG UTIL(T�S PARK DEDICATION ANALYS�S FINANCIAL IMPLICATIONS CONFORMANCE TO COMPREHENSIVE PLAN COMPATIBILITY WITH ADJACENT USES � ZONWG ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMENDATION APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENDATION � #90-29 Dennis Garner To increase the distance an unenclosed deck may extend into the side yard frcaT► 3 feet to 8 feet 7119 Ashton Avenue N.E. R-1, Single Family Dwelling 1�-1, Single Family Dwelling to the N, W, & S; railroad to the E Yes INo .Approval � � 10HH Staff Report �7� #90-29, 7119 Ashton Avenue N.E., Dennis Garner Page 2 A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.04.06.A.(3) requires that unenclosed decks and porches may not extend more than three feet into any required side yard, provided they do not extend nearer than five feet to any lot line. Public purpose served by this requirement is to provide space between individual structures to reduce the possibility of fire, to provide access to the rear yard for emergencies, and to limit the condition of crowding in the residential neighborhood. B. STATED HARDSHIP: "Immediate to French doors - 6' elevation variance to ground - fire exit from kitchen - dining area - access to back yard to avoid going through basement - acceptable to neighbors' view - usable for casual use" C. ADMINISTRATIVE STAFF REVIEW: Request The petitioner, Dennis Garner, is requesting that a variance be granted to increase the encroachment of an unenclosed deck into the side yard from 3 feet to 8 feet. The request is for 7119 Ashton Avenue N.E. Site A single family dwelling unit with an attached garage is located on the site. The parcel is zoned R-1, Single Family Dwelling, as are the parcels to the north and south. The parcel is adjacent to the Burlington Northern Railroad. An approximate 6 foot change in topography occurs west to east across the parcel. Analysis The petitioner has already constructed the unenclosed deck which encroaches into the side yard by 8 feet. The petitioner constructed the deck in order to replace an existing deck which did not encroach into the side yard and was in need of repair. The deck is adjacent to the kitchen area and is currently being used by the petitioner for the family barbecue and may also be used as a second fire exit should the need p a � �7 � 1011 Staff Report VAR #90-29, 7119 Ashton Avenue N.E., Dennis Garner Page 3 arise. In addition, the deck provides access from the second floor kitchen area to the lower level of the yard; it allows for the 6 foot change in topography of the lot. The petitioner has a second patio area located on the lower level to the rear of the dwelling unit. Requiring the petitioner to reduce the size of the deck from 8 feet to 3 feet would still provide adequate room for the barbecue as well as provide a fire exit. In addition, the deck as constructed is only 3 feet from the adjacent southerly neighbor's garage roof which may pose a fire hazard for either the petitioner or his neighbor to the south. The adjacent garage has been constructed with no openings in the rear wall, which would allow it to be rated at a one hour fire rating. The petitioner has submitted two alternatives for smaller decks, one at 4 feet and the other at 6 feet wide. The petitioner would prefer the larger of the two, but both alternatives still require a variance (see attached drawing). Recommendation As the petitioner has a second alternative to provide area for the family barbecue, and the Code allows a deck of 3 feet which would allow access to and from the kitchen area, mitigating the 6 foot change in topography, staff recommends that the Appeals Commission deny the variance request, VAR #90-29, to increase the encroachment of an unenclosed deck into the side yard from 3 feet to 8 feet. However, if the Appeals Commission chooses to approve the variance request, staff recommends that the petitioner sign and record against the parcel an agreement stating that he understands that the deck can never be enclosed. Apneals Commission Action The Appeals Commission voted unanimously to recommend approval of the variance request to the City Council with the following stipulation: 1. The property owner shall sign and record against the property an agreement stating he understands that the deck can never be enclosed. 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O. a� 'tf 1 �. `\-\ \� � `_—__— __ "' . • 1 ``� �, SITE PLAN _ � ctnroF F�� CONI��iUNITY DEVELO �V[ENT' DEPART'MENT MEMORANDUM 1�ATE s November 14 , 199 0 /� � � �`v To= William Burris, City Manager �. FROM: Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Variance Request, VAR #90-29, by Dennis Garner �oFF Attached is the staff report for the above request. The Appeals Commission voted unanimously to recommend approval of the request to the City Council with the following stipulation: 1. The property owner shall sign and record against the property an agreement stating he understands that the deck can never be enclosed. Staff recommends that the City Council deny the variance request as the petitioner has a second location for the barbecue, and a 3 foot wide deck would provide access to the upper level of the home. SB:ls M-90-786 � � � �� :. ' __-�� '� a�• �1 : I � : , c • : • � �a Y � : _ � e : Councilman Billinqs etated that hie reasoninq for makinq the motion to approve thie varfance is that in the past sever ears, there have been times t�hen Unity and the City bave n alonq very well and other times where they have b�en at . He stated that this motion was partly a qesture of qo 1 to try and reopen those lines of communication so tha ey can resolve some issues, particularly tiie one mentio by Councilwoman Jorqenson. Councilman Billinge ated that he would tend to aqree with l�ayor Nee that the av qe person who needs the hospital facilitie� may not be part arly concerned with the words "�iealth One", but it appears y are in the process of identifyinq that Mercy and Unity are o larqe eystem. J�PON A VOICE VOTE TAI�N ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. _-; �' L' ' � ' ' ! �� . ��_�_ ' • ' • ' 4:_� - - � _s. � i � � � 4 � • � - � � � - � - • - ! 4.:! � 4' • • - � � � _ _ __ _ � ' � • . : • ' z ��- - � ��_ __� �I ��. ' ��•� t�1 MOTION by Councilman Fitzpatrick to qrant Variance Request, VAR �90-29, with the stipulgtion that the�owner of the property sign and record against the parcel an aqreement stating that the owner understands that the deck can never be enclosed. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. il. �� 4 � . ----- - —� MOTION by Councilman Billings to authorize the p er City officials to execute the qrant application. econded by Councilwoman Jorqenson. Upon a voice vote, all inq aye, Mayor Nee declared the motion carried unanimously. 12. Ms. Dacy, Planninq Coordinator, s ted that the Code Enforcement Officer has been tryinq to wor with this property owner to have the solid waste that has acc ulated in the driveway area removed. She �tated that staff haB ot been able to achieve compliance and ie requestinq approva o contract and abate the nuisance. She stated that the pro rty owner was aBked to attend the meeting. Mr. Clarence ers, 6750 Overton Drive, stated that a member of the City st f was out today to observe the situation. He etated that if e City is qoinq to do somethinq about this nuieance, he may able to answer any questions. He stated that thie problem has een onqoinq for years. /"'��--� �� : ' �' w. �1 ,�: - , c . . . �:-I,.i: . . . . , . � Ms. Dacy stated that the Appeals Commission recommended appr� with no etipulations, althouqh staff has recommended denial ae petitioner has other alternatives. � MOTION by Councilman Billinge to concur with the recomm� the Appeals CommisBion and qrant Variance Request, VAR reduce the eide yard setback from 10 feet to 6 feet. Councilwoman Jorqenson. �IIpon a voice vote, all votin Nee declared the motion carried unanimously. B. �� L� �nd ion of 0-27 to conded by aye, Mayor Ms. Dacy, Planninq Coordinator, etated th this is a request to increase the size of an area identifica on sign from 24 square feet to 79.75 square feet at Unity Hoepi 1. She etated that there were a number of variance requests on e property, and in 1981 a variance was qranted to increase th sign to 56.83 square feet which iB the siqn that now exiets. `'' Ms. Dacy etated that the Appeals C iseion recommended denial for a 94 equare foot siqn by a 2 to 1 ote, and the petitioner reduced the eize of the variance to 79. 5 square feet. She �tated that staff's recommendation to the ppeals Commission was for denial, but acknowledqed that the Cit did determine there was a hardship created for limitinq the si to 24 square feet. She stated that the Appeals Commission felt e size of the sign approved in 1981 was more appropriate. She etated that the eign the petitioner is requeetinq ia one equare oot ehort of a maximum siqn that would be permitted in a commer ial district. Mr. Gary Alberts, r preeentinq ti�e adminietration at Unity Hospital, stated tha they have undergone a name change at Unity, and their vi�ibilit ie not qood goinq down Osborne Road. MOTION by Council an Billinqs to qrant Variance Request, VAR �90-28, to allow e square footage of an area identification sign to be increased from 24 square feet to 80 equare feet. Seconded by Councilman itzpatrick. Mayor Nee st ted that he could not see where the words pHealth One" were neede on the siqn. Councilw an Jorqenson asked Mr. Alberts if he knew anything about the Cit 's request that an application be filed for rezoninq for the heliport. Mr. Alberts stated that he was not aware of this request, but would check on the status. r � _ =a �o, �1 STATE OF MINNESOTA COUNTY OF AIJOKA CITY OF FRIDLEY In the Matter of __ a variance, VAR ��90-29 Dennis Garner * Owner � CITY COONCIL PROCEEDINGS 1/�IANCE The above entitled matter came before the City Couneil oP the City of Fridley and was heard on the 19th day of November , �g 90 , on a petition for a variance pursuant to the City of Fridley�s Zoning Ordinanee, for the follojaing described property: To increase the area an unenclosed deck can extend into the side yard from 3 feet to 8 feet, to allow the construction of an unenclosed deck on Lot 6, Block 2, Hillcrest Addition, the same being 7119 Ashton Avenue N.E. IT IS ORDERED that a variance be granted as upon the folloWing eonditions or reasons: 1. The owner of the property sign and record against the parcel an agreement stating that the owner understands that the deck can never be enclosed. STATE OF MINNESOTA ) COUNTY OF ANOBA ) 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 oP Fridley, do hereby eertify that I have compared the foregoing copy and Order granting a variance with the original record thereof preserved in �y office, and have Pound the same to be a correet aad true transeript of the Whole thereof. �_-5' � n . � �� STATE OF MINNESOTA COONTY OF A�TOKA CITY OF FaIDLEY In the Matter oP a variance. VAR �F�90-29 Dennis Garner , Oianer CITY COIINCIL PROCEEDINGS YARIANCE The above entitled matter eame before the City Couneil of the City of Fridley and tass heard on the 19th day of November , j g, 9. () , on a petition Por a variance pursuant to the City of Fridley�s Z oning Ordinanee, for the follot�ing deseribed property: To increase �he area an unenclosed deck can extend into the side yard from 3 feet to 8 feet, to allow the construction of an unenclosed deck on Lot 6, Block 2, �iillcreast Addition, the same being 711y Ashton Avenue N.E. IT IS ORDERED that a reasons: 1. The owner of the stating that the STATE OF MINNESOTA ) COUNTY OF ANOKA CITY OF FRIDLEY ) ) variance be granted as upon the following eonditions or property sign and record against the parcel an agreement owner understands that the deck can never be enclosed. 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 Poregoing eopy and Order granting a varianee With the original reeord thereof preserved in tqy oPPice, aad have Pound the same to be a correct aad true transcript of the whole thereof. IN TESTIMONY WHEREOF, I have F dley, Minnesota, ia the , � 9�.. DRAFTED BY; City of Fridley 6431 Oniversity lvenue N.E. Fridley, iAT 55432 hereunto subscribed my hand at the City of County of Anoka on the day of �� I' � SHIRLEY A. AI.i� GITY ERg ,, �u: , ; , , - Yarianees are valid for a period of one qear follo�ring approval and:' `�s�i�i�r ��.- ` coasidered void if aot used within that period. -`�-J �" •°". � -�' r` a + - � �' , . - ��'•�, � , � � . . . . � . " r.qasF ��' . .. ' _ y4 ��'t- �, r d .�. � � Councilsan Billinqs stated that bie raasoninq for nq the aotion to approve this variance is that in the past s eral years, there have been tises trhen Onity and li�e City have ottsn alonq vory well and other timee where they have been at ds. 8e stated that this aotion was partly a qesture of q 11 to try and reopen those °lineB of communication so that ey can resolve some issues, � particularly the one sention y Councilwoman Jorqanson. �, . Councilman Billinqs st ed tha[t be would tend to aqree with Kayor Nee that the aveza person who.needs the �ospital facilitfes may not be" particul y concerned wfth the words NBealth �One", but ft appearB they e in the proceas of identifyinq that Mercy and Unity are one 1 e aystem. � VOICE VOTE TAI�N ON THE ,i�80VE MOTION, all voted aye, and Nee declared the aotion carried unanimouely. _ ; • ; � � ��l ;__�_�! � i• ��_ . 4t� — — 1 � _ . . I � ; _ .1+ _ � .�1� i• 4 � � _�� ' • Y. �� ! 4:� • � 4' � • _ • � • � � • • . ; ��_ > � � • 4s� �_y� �� .� � MOTION by Councilman Fitzpatrick to_�ant Variance_Request,__VAR #90-29, with the�st p fa��on that the owner of the property Biqn - - ----_ errrd recor��g��st the parcel an aqreement stating, ti��t t�e owner unde=s�an�s -�ia� -�e deck �an never he enclosed, Seconded by Councilman Billinqs. Upon a voice vote, all votinq aye, l�iayor Nee declared the motion carried unanimously. 11. APPROVAL OF METROPOLITAN COUNCIL RESIDENTIAL E[`V�'T TN,�',, gINS GRANT APPLICATION: MOTION by Councilman Billinqs to authorize the pro City officials to execute the qrant applfcation. onded by Councilwoman Jorqenson. Upon a voice vote, all vo nq aye, Mayor Nee declar.ed the motion carried unanimously. 12. Ms. Dacy, Planning Coordinator, et ed that the Code Enforcement Officer has been tryinq to wor ith thie property owner to have the solid waete that has ac lated in the driveway area removed. She stated that ataff hae t been able to achieve compliance and ie requeStinq approval o contract and abate the nuieance. She stated that the pro y owner was asked to attend the meetinq. lrir. Clarence Sa rs, 6750 Overton Drive, stated that a member of the City etaf was out today to observe ttie eituation. He stated that if the ity ie qoinq to do somethinq about this nuieance, he may be e to answer any questions. Se stated that this problem hae be onqoinq for years. �rn�� x H N H H C7 F—' GJ 'ad r rr ��K� �Cr1H�-j � U7 C�l� �C • �4 H C] � N'��a �� z trJ /"1 � � oo ° o�� -�; � y.��d�: � �s �� '�� .� �� N�� 8 � � � � � � �� 0 �... .. • � ,�. ,. . - 6 � � �l . � � > _ �, � � � � � A. _ i� � �, ,F _ CITYOF F'RIDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 •(612) 571-3450 • FAX (612) 571-1287 December 13, 1990 � Donald McMillion 6911-A Freemont Avenue Lubbock, TX 79412 Dear Mr. McMillion: Enclosed please find an aqreement which will be recorded against your property at 7119 Ashton Avenue N.E., Fridley, Minnesota. The agreement will fulfill the stipulation urhich was part of the approval of variance request, VAR �90-29, by your tenant, Dennis Garner. Please sign and have notarized the agreement in the appropriate places and return it to me at: Fridley Municipal Center 6431 University Avenue N.E. Fridley, l�i 55432 I will send you a copy of the completed agreement once the Mayor and City Manager have signed it. If you have any questions, please contact me at 612-572-3593. Sincerely, Michele McPherson Planning Assistant r+II�! :1 s C-90-1104 � �PLANNiNG DIVI�`ON t MEMOR,ANDUM cinroF fRlL�LEY DATE: December 3:, 1990 To: �regg Herrick, City Attorney FROM: Michele McPherson, Planning Assistant BIIBJECT: Agreement to be Recorded for Variance Request, VAR #90-29 Attached is an agreement_which �aill fulfill the stipulation placed - on variance request, VAR #90-29: The City Couricil voted to approve the variance request to allow a deck to encroach into the side yard from 3 feet to 8 feet with the stipulation (see attached Action Taken Notice). Please review the attached agreement to determine its suitability for recording. I would appreciate receiving a response as soon as possible. MM:ls M-90-866 �i� � C4� e 1 �e � �.�ea�� c�k g �� m�1e A�ple @� ch��. 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LOCATlON MAP a�� X` •� ��/cE'_ �� ? , , � X I �- �d� o � .- �' X � f.� � VAR ��90-29 �'Dennis Garner 10MM �-�e.e�1�. %�t:��e� To �o cc-t-h �� t �� : ��,;�.�� /�' ��C �tt Td o� �� 7i�i f��u.�e �/�- �Dec1C is �-� Z.,Xg•. y� ��1�„ �,�ds � �rd rn e a pARr � �� ° , � ��bR �� p��Qti��1 � �/eUd�e�% �A�r1�,Yirrlafe�y to� �f �bo�e„ r� v� h� -- Lt 1� v�xa�e� h � z"X G" Q `��' � � � - e.� To -�r �� e o-� ��`az,[s� c�,-� � 1jl �►� �� ,. ., 9 a � � ��v-t.,�-� �� l �.l 5�.�, �.ea fec� �� a'' X� ,, � y �y�le �e � �v2r z ' ; �j� � , � �� se t i� �oct� � • � . / h Ci��t e�r,t � nd ac��/e l�rc@�^ D�K To��e �rh� �� f ��ck SoiCe �JO/ �� r�s TP��S 7'd �rd rn� US / n� h2 e�� L� yq�� 1f��xe44 c�r! a �O � SeE:u�Me �i� �r`�,►sc. e.u9 t9�C� To �d e-.C� ��" a�.� d T Gt�r c�j l+.f' S+i�Pe�,ls � � �4 _ '�� „ UIYOF FRIDLEY r�, FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 •(612) 571-3450 • FAX (612) 571-1287 CITY COUATCIL ACTION TAKEN NOTICE Dennis Garner i i"1 y�sh�on Avenue lv� .�. Fridley, MN 55432 Dear Mr. Garner: November 20, 1990 On November 19, 1990, the Fridley City Council officially approved your request for a variance, VAR #90-29, to increase the area an unenclosed deck can extend into the side yard from 3 feet to 8 feet, to allow the construction of an unenclosed deck on Lot 6, Bloak 2, Hillcrest Addition, the same being 7119 Ashton Avenue N.E., with the following stipulation: 1. The property owner shall sign and record against the property an agreement stating he understands that the deck can never be enclosed. We will send you an agr�ement to sign within the next week to ten days. If you have any questions regarding the above action, please call the Planning Department at 571-3450. 5incere , � , � � ' Barbara Dacy Planning Coordinai:or sn/c1n Please review the noted return one copy to the December 4, 19900 stipulations, sign the atatement below and City of Fridley Plaruiing Department by ) 9 = �, �� v��--� "',�� Concur with action taken � - �� STATE OF MINIdESOTA AGREEMENT COUNTY OF ANORA THIS AGREEMENT, between the City o€ Fridley ithe "City") and Donald McMill on, his successors, eirs, and ass"gns ("Mr. McMill on") is dated this _��ay of , 19 9� WHEREAS, Mr. Dennis Garner, tenant of Mr. McMill on, constructed a deck to a single family dwelling at 7Z19 Ashton 'Avenue N.E,, legally described as Lot 6, Block 2, Hillcrest Addition, Anoka County, Minnesota, and WAEREAS, the above described de�k extends in�o the sid� yard eight (8) feet, in violation of the Ci.ty Code, and WHEREAS, the �ity is.willing to g�ant a variance to the Code requirement allowing the deck to �emain, p�oviaed that it is released from liability for such construction, and WHEREAS, Mr.. McMill on, his succ�ssors� heirs� and assigns, understand and agre� that the varianc� is specifie�l�� conditianed upon their agreem�nt never to enelos� said dect€. NOW, THEREFORE, Mr. McMcMill.on, his successo��, h�irs, and assigns, h��by agre� to ensure that the decic w�il�. no� be converted to Tiving space and to hQld harmless the Cit� of Fridley for an� and aI't liability cau��d 6y the Eonst�ue�ion or existenc� of the dr�ck to the single family �3wAlling on Lo� �, Block 2, Hillcr�st �4ddition, .�,noka Countg, Minnesota.. IN WITNE�S WHER�OF, the aaid par�ies have signec� thi� Agreement th� d�y and year first w�itten above. �l� � CITY 0�' FRIDLEY . -- � ' � �t ' �` . . � ,. �/1..2.Q�o�I..C�� BY : � : �. G' e, ,,_, � r '. , � -,--. �e.� �,' � � � � 1nli�liam 3. Nee , �° !?�•�l J I ts ��j�or .' STATE OF MINNES�TA ss. COUNTY OF ANORA HY : �1 %f. �.�c�� Fidil�ram �1. Burns Its Cit� Manage� , The fo��go}ng instrument was acknowledged befo�e m� this ,�,:�`�-- day of ± �,'ji<.�r,.'r.�a• � , 199�, by William J. Nee, the N�ayar, and by William W. Buzns, the City Manag�r, of th� Gity of. Fridley, a corporation under the laws of Minnesota, on bc�half of the corporation. . uua+�y R6I8ERTA CO�i� NOTIIt1YPf�•IN�}� I1�lpG COt;MiY . . . � �.� Qot'��M1► � v r✓JL.t�. L-� : � , / ,aC,. � ✓ L �r._ � otary Pu ic s IN WITNESS WHEREOF, the said party has signed this Agreement the day and Xear first written above. r �4`�-��-��C'�'��'ja �' Donald McMill on STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this 9th day of JanLar� � 1991, by Donald McMill on. ` �. c...r-�?%� — • � c--,_.,i��„ Notary 8ublic_�ril�na Brigham State of Texas TIiIS INSTRUMENT WAS DRAFTED BY; County of Lubbock My commission expires 06-OS-94 _ Herricl� & Newman Suite 205 6401 Univer�ity Avenue N.E. Fridley, MN 55432 (612) 571-3850 � [] A� [ ] AL'1'II2 � � �. ti . � ... - I+agal Description: R-1 AND R-2 �; i ding Pprmit Applicatiaai � � �� Effective 8/16/90 /�r/N L�c d/�/L owner 1�Tame & �r�s: _ ��_ ,� _ �,/��o�/ Tel. # % , Contractor: �-�.�' �tlA/� s � � /Ji /l%P� 7Je1. #.�%/� / ��,� �: . _'/// % � � � ,�� r,� �'� Attach to this application, a Certificate of Survey of the lot, with the pra�posed constzuctioaz drawn oaz it to sca_le. i� :� s+; ��M •�� •)� �,.i�;.��,,i��4 LI�.II�1G �R�,s Length Width Heic�t Sq. Ft. Gp,RAGE AREA: Lerigth Width Height Sq. Ft. DF3C�C AREA: Tp*.�h Width Iigt/Gra�u�d Sq. Ft. o�: �5 ' � /a ' .l�.e� /� � �S�,�r�s Corner IAt [] Inside L�t [] Ft. Yd Setback Side Yard SetbacJ�s i�pe of Construction: Fctima� p�t: $ Approx. C�wnpletion Date: Proposed Drivee��rray Width If N�w Opening Is Desired: Ft. $ $ Width + 6' See Back Page ��: APPLICANT: �, # P�enait Fee $ Fire Surrharge $ State Surcharge $ SAC Criarge $ Driveway F�craw $ Park Fee $ S�wer Main C�aYge $ • v STIP[JIATIONS : $ CITY IISE �Y Fee Sahedule an Reverse Sic�e .001 x P�mit Valuatioa'i (1/lOth �) S.5o/Sl,000 valuation $600 per SAC Unit Alt. "A" or Alt. "B" Abave Fee Determined by EngineeriricJ �t N�Y [ 7 Not Neoess�' [ ] :!�1� � �,_ {:�;�Y��+ ` �+� _•a�:i�+� � �e Chief Building Official shall, before ?��» *� permits for the erection of any ,; � ding or stnicture, or for ar�y acldition to any existirig bui.lding or structure, or for any altexation or repair t� a� existing building or stYUCture, up�n application therefore, require.the payment by the applicant for such ��++;t of fees to the amo�nt herein below set forth and in the manner herein prwided to-wit: � �AL VALI]E $1 to $500 $501 to $2,000 $2,001 to $25,000 $25,001 to $50,000 $50,001 to $100,000 $100,001 to $500,000 �a��. $15 (1Kininnan Fee is $15 plus suYrhaxge) $15 for first $500 plus $2 for each acklitional $100 or fraction thereof, to arid includirig $2, 000 $45 for fiYSt $2,000 plus $9 for each add.itional $1,000 or fraction thereof, to aixl inclwding $25,000 $252 for fizst $25,000 plus $6.50 for each aclditional $1,000 or fraction thereof, to arid including $50,000 $414.50 for first $50,000 plus $4.50 for each acklitional $1,000 or fraction thereof, to and incl�ling $100,000 $639.50 for first $100,000 plus $3.50 for each additional $1,000 or fraction thereof, to and including $500,000 $500,001 to $1,000,000 $2039.50 for the first $500,000 plus $3 for each additional $1,000 or fraction thereof, to arid i�luding $1,000,000 $1,000,001 and up $3539.50 for the first $1,000,000 plus $2 for each ac�itional $1,000 or fraction thereof DRIVE'f�+,Y DEPRFSSI�J ESC[i�W (Concrete Curb Stxeets On1Y) Alternate "A": Removal and replaoement of curb and gutter only - DrivEway width plus 6 feet time.s $I3.50. Altez�nate ng�� : Remaval arid replacemerit of curb arrd gutter and install a 3 foot wide approach with 6 inch depth - Drive�ay width plus 6 feet times $15.75. \'/y�; �� 'c M !%� • � • �i i� • •; Ppxmits for oonstruction will be issued a mirvna.un of 24 hwrs frcan the time of agplication to allow for proper review of the proposed structure and of the oon�struction site. A Cettificate of Suzvey of the lot, shaaing the location of the f�ation ance it has it has been constructed will be required before proceeding with the fiaming• � STATE OF MINNESOTA COUNTY OF ANOKA CITY OF FRIDLEY In the Matter of: VAR #00-20 ) ) ) Owner: Priscilla D. Persaud and Ranjit Persaud 10�-3p � 2� �y f --oU�l APPEALS COMMISSION PROCEEDINGS VARIANCE The above entitled matter came before the Appeals Commission of the City of Fridley and was heard on the 9th day of August, 2000, on a petition for a variance pursuant to the City of Fridley's Zoning Ordinance, for the following described property: To reduce the required setback for an open deck in a side yard from 5 feet to 2 feet to allow the reconstruction of an open deck on Lot 6, Block 2, Hillcrest Addition, generally located at 7119 Ashton Avenue IT IS ORDERED that a variance be granted as upon the following conditions or reasons: Approved with stipulations. See attached August 9, 2000, Appeals Commisson 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 �l �[ day of �-P` ,�,c�c, , 2000. DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 Debra A. Skogen, City .. a-,� � -r.;,�� k ""�� yf�\ �..�• V .' F [ � sy � � y'�e � fi � '.Fe..� OO �A-„'�+��`��. A � O �� .; � -�.d�,'i�i •.a-' ��g�'f.. 9 �.. F � Cd �. � 1 p ��. 9 7 � , .. % �• � Y�� . d .' �` � a _ ti'` ��4 r * j � �s� . tp� F� o�• } �s • � ``��.A'��.' OF9Yi�, 1 , � i q �. .1'�' ft b� i -?4',� �9Y , ,,,, , �; w4.�� . � ,- .;�� ,�, •;��°' ��ry �. � • �I J°�`` � ` �� +�� d �' S�_Wrw �, N' 3,,; ,�:;:� /, \ � _ � / , .. l • % �'� � •„!: �„� � � iN q��tii ;w'' � ' Dl� �'^ p Variances are valid for a period of one year following approval and shall be considered void if not used within that period. -� ; ,.,��s. ::�'` _ � �,� _ `" - _ _ _ . - - - - _ . � - - -�-- . �.. -- - . �_ -- " - - . _._ ._ , '� APPEALS COMMISSION MEETING, AUGUST 9, 2000 - �--�.-�:� � ,tr,�=;,� r�PAGE 6<:-r?: _ _ _. _ _ _ ._._. ._ __.. : _ _ __ . __,. _ . _. . „ -: - - , .� _- . � - water was not necessarily coming �rYO.m them. He would vote in favor of this i Ms. Jackson stated 4that �the rocks addr object to fhe rock. That also creates a front to the back and that is why they n related to the stairs which are related to and nq,o�e came fo�vvard to help �IQI-IVG.. . . . .- Fii:_, ,� . . . .. p.... ".r-� - :-. -.:... .. . s the water problem. The neighbors do not s fety issue for�the homeowners to get to the ee ed a deck and a stairway. The rocks are th deck. MOTION by Dr. Vos, seconded by Mr. Jone to recommend approval of Variance Request, VAR #00-19, by Bruce A. Kath and ulie A. Archer-Kath with the following stipulation: 1. The petitioner shall obtain all necessa permits prior to construction. UPON A VOICE VOTE, ALL VOTING AYE, CH/�!I PERSON KUECHLE DECLARED TFIE MOTION CARRIED UNANIMOUSLY. Mr. Bolin stated that this would go to City Council on �eptember 12. 2. PUBLIC HEARING: VARIANCE REQUEST, VAR #00-20. BY RANJIT AND PRISCILLA PERSAUD: Per Section 205.04.06.A.(3) of the Fridley Zoning code, to reduce the required setback for an open deck in a side yard from five feet to two feet to reconstruct an open deck on Lot 6, Block 2, Hillcrest Addition, generally located at 7119 Ashfc�n A�enue. MOTION by Mr. Jones, seconded by Mr. Tynjala, to waive the reading of the public hearing notice and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPE(dED AT 8:05 P.M. Mr. Bolin stated that a variance was granted in 1990 allowing a deck in this location. The deck built at that time has since rotted and is not safe. The building inspector could not find any footings undemeath any of the posts. The property is zoned R-1, single family, as are the properties to the north and south. Across East River Road, there is railroad property. The lot was platted in 1923. The existing home was built in 1981. The variance granted in 1990 allowed the deck to be built in this location despite staffs recommendation that the size of the deck be scaled back from 8 x 12 feet to 6 x 12 feet to allow more room befinreen the property line and the deck. The deck has been in place for 10 years. Mr. Bolin stated the neighbors most affected by the deck have contacted staff to support the request. The petitioner's hardship summary states: "I have a patio door to this existing deck built at the time of the house construction. I use the deck for lots of outdoor activities, cooking, barbecuing and sitting. The deck also gives access to my back lawn.° � �� :� - - � �� "- APFEALS COMMiSSION MEETING, AUGUST 9� 2Q00 � �� _ 1��. `� �`.. :, � µ �� `} � ��aRAGE 7 . - �� .. . = � e ° Mr. Bolin stated staff has no recommendatiorr on this request as a sim,ilar vanance was _ � : �, _. granted in the past to this property in"1.990, fhe�allowable�encroachmenfifortfie open '= �- deck was increased from three feet to Eight feet o This, permitted a two-foot side yard ; . setback:� This variance request is wo�ded a little differently from tti� `1990 request; but �fi is the same. � ' ._ Dr. Vos asked if a building permit was issued in 1990. - Mr. Bolin stated, yes, but the deck was not built according to the plans submitted. Mr. Kuechle stated that he thought that when they drafted a variance, it went with the property. This indicates that this is not the case. Mr. Bolin stated that the complete removal of this deck is a big enough change. The deck con�tructed was not built to exactly what was approved the last time and the old variance was null and void. Mr. Jones asked if the variance approved was for a deck that was six feet wide. Mr. Bolin stated that it was for a deck that was eight feet wide. Mr. Jones asked what size they were going to build this deck. Mr. Bolin stated that they are going to build one that is eight feet wide. Mr. Jones asked how this variance is different. The deck was not built per code and needs to be replaced; but if they built it right to exactly as it stands today, why would they need a new variance? Mr. Bolin stated that staff debated this. The final determination was that because this was different enough from what was approved, that variance was null and void. Dr. Vos stated that this is more of a code enforcement issue but not that they are trying to widen the deck. Mr. Jones s#a�ed that'the other�'issue is that�they are not sure where the existing house is to the lot lines. There should have been a survey done before the variance was granted the first time. Dr. Vos stated that is correct. Mr. Hickok stated that staff stays very consistent when they do this. For example, signs go through the variance process when they are removed and a new structure is built. The variance process is very much the same way and this is not an uncommon occurrence. Mr. Jones was correct in that the proximity of the deck as it exists to the lot line depends on knowing where the house is. Staff thinks it is important that the variance be re-evaluated and a stipulation be placed that they know they have a survey of where the house is and the variance be based on a stipulation that puts an exact dimension from the lot line on �his request. ' • : APPEALSCO(�AMISSIDN MEETING, AUGUST9, 2000 ° -- _ � �� _-�AGE-8 � � Mr. Tynjala asked if this is an issue of the permif stage. - �:.:� �_ � " Mr. Hickok stated that this needs a variance for sure, and this is not a rare occurrence where people cannot find their corr�er stakes and are not sure where the lot lines are - and people are asked to complete a survey. Staff is asking the Commission to approve a variance with the stipulation that the survey be provided; and the extent of the variance is truly the extent that shows up on the survey. There will not be a permit issued until the matter is rectified. Mr. Bolin stated that the wording on the last approval allowed them to increase their encroachment into that side yard. Usually decks can encroach to three feet; and, in this case, they raised that encroachment to eight feet. What they said at that time was that the deck could encroach over that setback area a full eight feet which reduced their setback roughly to two feet if the fence is the p%perky line. , , Ms. Priscilla Persaud, petitioner, stated that the fence is one foot into her property and there is extra land there. They did not know where the markings were for the lot line for sure. Mr. Kuechle stated that he wanted to make sure she had reviewed the stipulations, because those will be attached in the request and be complied with to get the variance. Ms. Persaud stated they have no objections to the stipulations. Mr. Jones asked if stipulation #4 was attached to the property titl.e. Mr. Bolin stated that would be used by Anoka County, or they could make a copy of the form that they sent in 1990 for the petitioners to sign. MOTION by Dr. Vos, seconded by Mr. Jones, to close the public hearing UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRFED AND THE PUBLIC HEARING WAS CLOSED AT 8:25 P.M. Mr. KuecF�le stated that if the deck was not there, they vvould be looki�g over the .g�rage roof because the garage is a lot lower. He does not see any negative visual impact for the neighbors and his recommendation is approval with stipulations. Ms. Jackson stated that it seems to serve a good purpose. Dr. Vos stated that as the request is, they are really giving the distance from the property line into the deck. The survey will determine how big of a deck they can have. He would vote in approval because it is existing and the stipulations are fairly severe. Mr. Jones stated that he would vote for approval with the stipulation of getting the site surveyed. This is good practice to know where the monuments are and maintain them. � �.�a�.��a�� . _'�'� '��.�� __�� –�=='r- =`�s" T��. '� �� <.�' —„�.'z–�--t.. .._- _._. - . . . _ . . . _... .. ....,. - � � A APPEALS COMMISSION MEETING, AUGUST 9� 200Q == � - PAGE 9 Mr. Tynjala stated that he would also vote for approval stressing the s#ipulations and getting the survey done. � MOTION by Ms. Jackson, seconded by Dr. Vos, to approve Variance Request, VAR #00-20, by Ranjit and Priscilla Persaud with the following stipulations: 1. 2. 3. 4. 5 The petitioner shall obtain all necessary permits prior to construction. The petitioner shall have an "as built" survey done prior to the issuance of the building permit in order to verify the lot lines. The stairway must exit deck to the east. The property owner shall sign an agreement stating that they understand that the deck can never be enclosed. The petitioner shall abide by code requirements prohibiting outdoor storage. All items currently sitting out on the deck side of the home shall be immediatel� removed and properly stored. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. SONS: Per Section 205.14.05.D.(5).(a) of the ridley Zoning Code, to reduce the required parking setback from 20 feet t 10 feet; Per Section 205.14.07.D.(2).(b) of the F'dley Zoning Code, to reduce the 15 foot planting strip behind the required sidewa k from 'i 5 feet to 10 feet; Per Section 205 03 55� of the Fridley Zoni g Code, to reduce the parking stall width from 10 feet to 9 feet; To allow the construction of a new comme i� 26 and all of Lots 27, 28, 29, 30, Block 13, � together with that part of the west half of the � generally located at 5943 University Avenue. MOTION by Dr. Vos, seconded by Mr. Jones, to notice and open the public hearing. building on the north 20 feet of Lot e Park, Anoka County, MN, cated alley adjacent hereto, the reading of the public hearing UPOPI A VOICE 1/OTE, /�LL VOTIN� AY`E, CHAIRPE SOIV KUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 8:30 P.M. Mr. Bolin stated that the petitioners are seeking to reduce the required parking setback from 20 feet to 10 feet and reduce the required 15 foot pla ting strip behind the sidewalk to 10 feet. That request is a result of the request o reduce the parking setback. They are requesting also to reduce the required p rking stall width down to nine feet in order to construct a new commercial building for Van-O-Lite on the comer of the University Avenue Frontage road and 60�' Avenue. The ddress would be either 5925 or 5943 University. It is a combination of finro vacant lot . The petitioner will be going to the Planning Commission for a lot split. The request as previously withdrawn partially due to the large number of variances required with the first proposed plan for this site. The lot split would give the petitioners enough land ar a to meet the required m ABSTRACT Receipt # �� .3-� �`�.•5 0 ❑ Certified Copy � ��/ �� Date Mailed Date/Time: i ❑ Tax Liens / Releases Doc.Order L of ❑ Muiti-Co Doc Tax Pd �/ by: Pins: Recordability / Delqs: �/'� ❑ Transfer ❑ New Desc. Filing Fees: L�. 11 `-' ❑ Division ❑ GAC Well Certificate ❑ Status ❑ Def. Spec Received this Date: �,� ••Anoka County Recorder ❑ Other d'J No Change Notes: , ! � ✓ , / a DOCUMENTNO. 1525376.0 ABSTRACT ANOKA COUNTY MINNESOTA I HEREBY CERTIFY TNAT THE WITHIN INSTRUMENT WAS FlLED IN THIS OFFlGE FOR RECORD ON SEP 2 5 2 O O O pT 5: O O PM AND WAS DULY RECORDED. FEES AND TAXES IN THE AMOUNT OF S 19 e S O PA�p REGEIPTNO. 2000076933 EDWARD M. TRESKA ANOKA COUNIY PROPERIY TAX ADM/NISTRATOR/RECORDER/REG/STRAR OF TITiES JAR BY DEPUIY PROPfR1YTAX ADMINISTRATOR/RECORDER/REGISTRAR OF TITLES � _. � - - - � ._ , __ - - . - -�.. __ _ _ �,_.�._.�_ _� _ . -s .. . _ _ _ _ . --- � _ _ CIIYOF FRIDLE,Y FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 •(612) 571-3450 • FAX (612) 571-1287 APPEALS COMMISSION ACTION TAKEN NOTICE August 18, 2000 Ranjit and Priscilla Persaud 7119 Ashton Avenue Fridley, MN 55432 Dear Mr. and Mrs. Persaud: On August 9, 2000, the Fridley Appeals Commission officially approved a request for a variance, VAR #00-20, to reduce the required setback for an open deck in a side yard from 5 feet to 2 feet to reconstruct an open deck on Lot 6, Block 2, Hillcrest Addition, generally located at 7119 Ashton Avenue with the following stipulations: 1. The petitioner shall obtain all necessary permits prior to construction. 2. The petitioner shall have an "as built" survey done prior to the issuance of the building permit in order to verify the lot lines. 3: The stairway must exit the deck to the east. 4. The property owners shall sign an agreement stating that they understand that the deck can never be enclosed. 5. The petitioner shall abide by code requirements prohibiting outside storage. All items currently on the deck of the home shall be immediately removed and properly stored. 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. Sinc y, �� Paul Bolin Planner Please review the above action, sign below, and return the original to the City of Fridley Planning Department by August 31, 2000. PB:Is Concur with action taken City of Fridley Land Use Application VAR #00-20 August 9, 2000 GENERAL INFORMATION SPECIAL INFORMATION Ranjit & Priscilla Persaud 7119 Ashton Avenue Fridley, NIN 55432 Requested Action: Variance to reduce sideyard setback to allow the reconstruction of an open deck. E�sting Zoning: R-1 (Single Family Residential) Location: 7119 Ashton Avenue Size: 19,012 sq. ft. .44 acres Existing Land Use: Single family home. Surrounding Land Use & Zoning: N: Single Family & R-1 E: Railroad S: Single Family & R-1 W: Single Family & R-1 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Sec. 205.04.06.A.(3) requires a side yard setback of 5'. Zoning History: 1923 - Lot is platted. 1981 - Home is built. 1990 — Variance granted for a deck in this location. Legal Description of Property: Lot 6, Block 2, Hillcrest Public Utilities: Home is connected. Transportation: Ashton provides access to site. Physical Characteristics: Typical suburban landscaping. SUMMARY Ur' YKUJL�'C;'1 Petitioner is seeking to reduce the required side yard setback from 5' to 2' to allow the re- construction of an open deck. A variance was granted in 1990 allowi.ng a deck in this location. The deck built at that time has since rotted and was recently removed. by the petitioner. SUMMARY OF HARD5HIP `7 also have a patio door to this existing deck which wa� built at the time of the house construction. I use the deck for lots of outdooY activities eg. Cooking, barbequing and sitting. This deck will/had also give me access to my back lawn. " — Priscilla Persaud SifMMARY OF ANALYSI5 City Staff has no recommendation, as a similaY variance has been granted in the past. Similar variance granted: VAR #90-29 7119 Ashton Avenue The allowable encroachment for an open deck was increased from 3' to 8', thus permitting a 2' sideyard setback. CITY COUNCIL ACTION/ 60 DAY DATE CC-8/28/00 60 Day-9/12/00 Staff Report Prepared by: Paul Bolin VAR #00-20 REQUEST Ranjit & Priscilla Persaud, property owners, are seeking to reduce the required. side yard setback from 5' to 2' to allow the removal and re-construction of an open deck. A variance was granted in 1990 allowing a deck in this location. The deck built at that time has since rotted and is not safe or usable as it currently e�sts. SUMMARY OF HARDSHIP "I also have a patio door to this existing deck which was built at the time of the house construction. I use the deck for lots of outdooY activities eg. Cooking, baYbequing and sitting. This deck will/had also give me access to my back lawn. "— Priscilla Persaud ANALYSIS The property is located on Ashton Avenue. The lot is fairly narrow and deep, with the home being "squared up" to and fronting on Ashton Avenue. The existing home was built in 1981 and the existing deck was built in the early 1990's. The variance granted in 1990 allowed the deck to be built in this location despite staff recommendations, at the time, suggesting that the size of the deck be scaled back from 8'X 12' to 6' X 12'. The deck has been in place, at this size for 10 years and the neighbors have contacted staff to support the petitioners' request. City building staff has indicated that a verifying "as builY' survey has never been submitted for this property and has requested one prior to the issuance of a building permit for the new deck. Analysis of the site also indicates that the existing location of stairs, on the east side of deck, is the only location where they can be built to a11 code requirements. (E�sting deck) RECONIlVIENDATIONS City Staff has no recommendation, as a similar vaf-iance has been granted in the past. Similar variance granted: VAR #90-29 7119 Ashton Avenue The allowable encroachment for an open deck was increased from 3' to 8', thus permitting a 2' sideyard setback. STIPULATIONS Staff recommends that if the variance is granted, the following stipulations be attached. 1. Petitioner shall obtain all necessary pennits prior to construction. 2. Petitioner shall have an"as-built" survey done prior to the issuance of building permit in order to verify lot lines. 3. Stairway must exit deck to the east. 4. Property owners shall sign and record against the property an agreement sta.ting they understand that the deck can never be enclosed. 5. Petitioner shall abide by code requirements prohibiting outdoor storage. All items currently sitting out on the deck side of the home shall be immediately removed and properly stored. �- �� .� . � ��"� ��,_ _,�,� � -� � -� _. : ��-� °� _ _ _ - _ - � _ - - .. . .- - � � - APPEALS COMMISSION MEETING, AUGUST 9, 2000 --_- --�.= .-- PAGE 6- � water was not necessarily coming fr their property_and �o o�e came forvvard torhelp, � them. He would vote in favor of this�riance: �� ` Ms. Jackson stated that the rocks addr s the water problem. The neighbors do not object to the rock. That also creates a s fety issue for the homeowners to get to the front to the back and that is why they nee ed a deck and a stairway. The roc�cs are related to the stairs which are related to th deck. MOTION by Dr. Vos, seconded by Mr. Jone ; to recommend approvai of Variance Request, VAR #00-19, by Bruce A. Kath an Julie A. Archer-Kath with the following stipulation: 1. The petitioner shall obtain all necess ry permits prior to construction. UPON A VOICE VOTE, ALL VOTING AYE, CH IRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Bolin stated that this would go to City Council o� September 12. 2. PUBLIC HEARING: VARIANCE REQUEST. VAR #00-20. BY RANJIT AND PRISCILLA PERSAUD: Per Section 205.04.06.A.(3) of the Fridley Zoning code, to reduce the required setback for an open deck in a side yard from five feet to two feet to reconstruct an open deck on Lot 6, Block 2, Hillcrest Addition, generally located at 7119 Ashton Avenue. MOTION by Mr. Jones, seconded by Mr. Tynjala, to waive the reading of the public hearing notice and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 8:05 P.M. Mr. Bolin stated that a variance was granted in 1990 allowing a deck in this location. The deck built at that time has since rotted and is not safe: The building inspector could not find any footings undemeath any of the posts. The proper�Cy is zoned R-1, single family, as are the properties to the north and south. Across East River Road, there is railroad property. The lot was platted in 1923. The existing home was built in 1981. The variance granted in 1990 allowed the deck to be built in this location despite staff's recommendation that the size of the deck be scaled back from 8 x 12 feet to 6 x 12 feet to allow more room between the property line and the deck. The deck has been in place for 10 years. Mr. Bolin stated the neighbors most affected by the deck have contacted staff to support the request. The petitioner's hardship summary states: "I have a patio door to this existing deck built at the time of the house construction. I use the deck for lots of outdoor activities, cooking, barbecuing and sitting. The deck also gives access to my back lawn.° -_ � . .. -. �.-.M1�r e�,,,x._,_.. ._� .. r .. _ ._... -�- ,:, . �� ,... '�",��':� �� .." :.� . :.' t �' r i'.s r i}-�a i^ r�.s�� 1-`r�4`�s� • �� P�1VE � ,-�� *s� . .�" . °°= APPEALS GOMMISSION MEETING. AUGUS��A00 �.-----_--- -� . . --_,_._._- __ . _ . -_ . _ �Mr. Bolin stated staff has no recommenda�ion on thts request as a st�nilaF.var�ance was :_ .-- :-. granted in the pasf to tfiis property�-Irt°'F9J0;`the aflavit�ble encroachme f for'�fie open�f�_=:-�-- =__ = deck was increased from three feet to eight feet. a Thts permitted a finro-foot side yard -- - _ - _ ,,, ._-. . setback. This variance re quest is w�'rded a tittl� differentl y`from the '1�990 reques�; �but �t . _.. ._- . .. .. � is the same. _ . .;,..t � .. M Dr. Vos asked if a building permit was issued in °I990,1 ` Mr. Bolin stated, yes, but the deck was not built according to the plans submitted. Mr. Kuechle stated that he thought that when they drafted a variance, it went with the property. This indicates that this is not the case. Mr. Bolin stated that the complete removal of this deck is a big enough change. The deck constructed was not built to exactly what was approved the last time and the old variance was null and void. Mr. Jones asked if the variance approved was for a deck that was six feet wide. Mr. Bolin stated that it was for a deck that was eight feet wide. Mr. Jones asked what size they were going to build this deck. Mr. Bolin stated that they are going to build one that is eight feet wide. Mr. Jones asked how this variance is different. The deck was not built per code and needs to be replaced; but if they built it right to exactly as it stands today, why would they need a new variance? Mr. Bolin stated that staff debated this. The final determination was that because this was different enough from what was approved, that variance was null and void. Dr. Vos stated that this is more of a code enforcement issue but not that they are trying to widen the deck. Mr. Jones stated that the other issue is that they are not sure where the existing house is to the lot lines. There should have been a survey done before the variance was granted the first time. Dr. Vos stated that is correct. Mr. Hickok stated that staff stays very consistent when they do this. For example, signs go through the variance process when they are removed and a new structure is built. The variance process is very much the same way and this is not an uncommon occurrence. Mr. Jones was correct in that the proximity of fhe deck as it exists to the lot line depends on knowing where the house is. Staff thinks it is important that the variance be re-evaluated and a stipulation be placed that they know they have a survey of where the house is and the variance be based on a stipulation that puts an exact dimension from the lot line on this request. APPEALS COMMfSSION MEETING; AUGUST 9, 2000 - PAGE 8 Mr. Tynjala asked if this is an issue of the. permit stage. _ Mr. Hickok stated that this needs a variance for sure, and this is not a rare occurrence where people cannot find their comer stakes and are not sure where the lot lines are and people are asked to complete a sunrey. Staff is asking the Commission to approve a variance with the stipulation that the survey be provided, and the extent of the variance is truly the extent that shows up on the survey. There will not be a permit issued until the matter is rectified. Mr. Bolin stated that the wording on the last approval allowed them to increase their encroachment into that side yard. Usually decks can encroach to three feet; and, in this case, they raised that encroachment to eight feet. What they said at that time was that the deck could encroach over that setback area a full eight feet which reduced their setback roughly to two feet if the fence is the property line. Ms. Priscilla Persaud, petitioner, stated that the fence is one foot into her property and there is extra land there. They did not know where the markings were foc the lot line for sure. Mr. Kuechle stated that he wanted to make sure she had reviewed the stipulations, because those will be attached in the request and be complied with to get the variance. Ms. Persaud stated they have no objections to the stipulations. Mr. Jones asked if stipulation #4 was attached to the property title. Mr. Bolin stated that would be used by Anoka County, or they could make a copy of the form that they sent in 1990 for the petitioners to sign. MOTION by Dr. Vos, seconded by Mr. Jones, 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 8:25 P.M. Mr. Kuechle stated that if the deck was not there, they would be looking over the garage roof because the garage is a lot lower. He does not see any negative visual impact for the neighbors and his recommendation is approval with stipulations. Ms. Jackson stated that it seems to serve a good purpose. Dr. Vos stated that as the request is, they are really giving the distance from the property line into the deck. The survey will determine how big of a deck they can have. He would vote in approval because it is existing and the stipulations are fairly severe. Mr. Jones stated that he would vote for approval with the stipulation of getting the site surveyed. This is good practice to know where the monuments are and maintain them. APPEALS COMMISSION MEETING, AUGUST 9, 2000 -- :- PAGE 9 �. ' Mr. Tynjala stated that he would afso vot�for approvaf stressing the siipulations and getting the survey done. _ __ :_ . - . MOTION by Ms. Jackson, seconded by Dr. Vos, to approve Var�iance Request, UAF2 #00-20, by Ranjit and Priscilla Persaud wi�h the following stipulations: 1. The petitioner shall obtain all necessary permits p�or to construction. 2. The petitioner shall have an "as built° survey done prior to the issuance of the building permit in order to verify the lot lines. 3. The stairway must exit deck to the east. 4. The property owner shall sign an agreement stating that they understand that the deck can never be enclosed. 5. The petitioner shall abide by code requirements prohibiting outdoor storage. All items currently sitting out on the deck side of the home shall be immediately removed and properly stored. UPON A VOICE VOTE, ALL VOTING AYE, CHAlRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. SONS: Per Section 205.14.05.D.(5).(a) of the Fr ley Zoning Code, to reduce the required parking setback from 20 feet to 1 feet; Per Section 205.14.07.D.(2).(b) of the Frid y Zoning Code, to reduce the 15 foot planting strip behind the required sidewalk om 15 feet to 10 feet; Per Section 205.03.55 of the Fridley Zoning ode, to reduce the parking stall width from 10 feet to 9 feet; To allow the construction of a new commerci� 26 and all of Lots 27, 28, 29, 30, Block 13, H� together with that part of the west half of the generally located at 5943 University Avenue. building on the north 20 feet of Lot �Park, Anoka County, MN, ted alley adjacent hereto, MOTION by Dr. Vos, seconded by Mr. Jones, to waive th�reading of the public hearing notice and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSO� KUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WA OPENED AT 8:30 P.M. Mr. Bolin stated that the petitioners are seeking to reduce the quired parking setback from 20 feet to 10 feet and reduce the required 15 foot planting trip behind the sidewalk to 10 feet. That request is a result of the request to re ce the parking setback. They are requesting also to reduce the required parkin stall width down to nine feet in order to construct a new commercial building for Van- -Lite on the comer of the University Avenue Frontage road and 60�' Avenue. The addre would be either 5925 or 5943 University. It is a combination of two vacant lots. The petitioner will be going to the Planning Commission for a lot split. The request was pr viously withdrawn partially due to the large number of variances required with the first p posed plan for this site. The lot split would give the petitioners enough land area to et the required � cirr oF Fwo��r 6431 UNIVERSITY AVENUE FRIDLEY, MN 55432 (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT VARIANCE APPLICATION FOR: Residential Commercial/Industrial PROPERTY INFORMATION: - site plan rec Address: � Property Identification Number: 1� Legal Description: Lot �, Block � Current Zoning: ��-�� Reason for Variance: � for submittal, see attached Have you operated a business in a city which required a business license? Yes No � If Yes, which city? If Yes, what type of business? Was that license �ver denied or revoked� Yes No Siqns �r.�r.�r�r.�.rnr�rr�r�.�..�.i►.wrn.r�.�v.�r�rwrwrwrwr�rwr�r�r�r�r�rwrnr.�rwrwl�r��rwrNr�r�rw.�rwr�r�r�r.�r�rti�rrnr�r�rwr.�.^r�.wrw.w.�.w�r�.� FEE OWNER INFORMATION (as it appears on the property title) (Contract purchasers: Fee owners must sign this form prior to processing) NAME: - ADDRESS: / DAYTIME PHONE: 7P� `,� � � � _• 9. i 3 �SIGNATURE/DATE: ,�r"�-. �' N�V�V�ViVA/�►rAr�V�V�V�V�VI�I�V�V�YArqr�V�V Ar�V�VAV�V�V�VAVtir/VN�V�V�V�V/V /VNN�V�V �VAr�V �VArAI�V1VI�r�V�V/V/V�Y�V�V �VN/V�V IV NN�V�V NAME: - ADDRESS: 7� DAYTIME PHONE: 0 v��. SIGNATURE/DATE: Section of City Code: FEES . Fee: $100.00 for commercial, industrial, or signs: Fee: $60.00 for residential properties: �' Receipt #: �/� Received By: Application Number: r�� Scheduled Appeals Commission Date: �' ��D c� � Scheduled City Council Date: 10 Day Application Complete Notification Date: 60 Day Date: • �.co� � � � � � � � � U � O � � � � � � � O � ■ ■� ■ �� LL U ... • �rl . � �� . � � �� ■ � _� W J C 0 Q � c m � Q � � O � o� 'N � '� m °o .� � � U Q p wQ o U � .,.i �° '� a� � �� O �U 0 0 ..1 •... N c � ,� o � '�v �, U N � � � � O � � � �m � N � r w� �� o 'sv � c Q� Q 0 0 cfl L m � � � J C m Y F�- c 0 a -� > Q a a to � m 0 0 � � .� � -� m m o y � m f/j � � -� ---- .� N � = cQ c� .o c a'�i° . � y C � c E � � mma€ ------- rn � � � a� c c Q,•y a +�. � y y �Q�t� m =°,�o= c am C' U V�"�p� tIl •p C� Q-'V 0 0 .Q 'C C1 f, � N C"�y E N U2 a» °a��°�U°uni g -� '� o = . •� .- � - _ . n - Q m a -a n. � o� -. 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FRIDLEY, MN 55432 •(612) 571-3450 • FAX (612) 571-1287 July 24, 2000 Ranjit and Priscilla Persaud 7119 Ashton Fridley, MN 55432 Dear Mr. & Mrs. Persaud: Per Minnesota Statute 15.99, locai govemment units are required to notify land use applicants within 10 days if their land use applications are complete. Based on the City's application schedule, we officially received an application for a variance on July 14, 2000. This letter serves to inform you that your variance application is complete. Your variance hearing and discussion will take place at the City of Fridley Appeals Commission Meeting on August 9, 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. Sin rel , ,,,.,� d�`� Paul Bolin - - Planner PB C-00-138 CITY OF FRIDLEY PUBLIC HEARING NOTICE BEFORE THE APPEALS COMMISSION TO: Residents within 350 feet of 7119 Ashton Avenue CASE NUMBER: VAR #00-20 APPL/CANT: Ranjit & Priscilla Persaud 7119 Ashton Avenue Fridley, MN 55432 Petitioner or re resentative must be at meetin . PURPOSE; To reduce the required setback for an open deck in a side yard from 5 feet to 3 feet to reconstruct an open deck LOCATION OF PROPERTY: 7119 Ashton Avenue LEGAL DESCR/PTION: Lot 6, Block 2, Hillcrest Addition DATE AND TIME Appeals Commission Meeting, Wednesday, August 9, OF HEARING: 2000, 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 Universi Avenue HOW TO 1. You may attend hearings and testify. PART/C/PATE: 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 August 2, 2000. (TDD 612-572-3534) ANY QUESTIONS: Contact Scott Hickok, Planning Coordinator, at 572-3599, or Paul Bolin, Planner, at 572-3593. Mailing Date: July 28, 2000 v c;t of City of Fridley y . . . Fridley PubIIC HP�r1r1g NOtICe �G � ;� � , �� .�...r�. �� =,� ► z � W a ��r�-�----- ��-- -'--�� , H: f .- .�■ . . � �, �i = • �' - � �� / I C I I :J' �� ` � s� y � � �w' :�� F�3��c ' ;� . . 2 � � :k} a-3 v r7� ,.. ,� . � � f ` � / • . ��`- � �.:'.�. F �: .�4 \ : � Z..�; `�S r' Y.�':�� . � \ Z � Sl l� ��. � � � �� a�� J: 9 Q � � �� .�: � �� :: . \ i , � x c � � i , .. r . - � y�� . Y � ;. � � . � �" z ,. c . : � � F.t� L '��...»:�.a, . .._ '�»i �� - one r-mr�iy units � n�-� - ughc tr,ausa�a� N So�uces: �2 -rwo r-amuy urrits nE2 -�y industna� Frimey �anning c"� R3 - c�era� Multipe lk�its M3 - outdoor �nteisn�e He�y �nd�trial Fric�ey GIS � R�1 - Nbbpe Fbrt�e Parl�s NF4 - Nlarn�(ad�uin9 �Y AI'101C8 COldlly GIS PUD - Plar�ned Unit Da�reloprr�ent .. P - P�Wic FacilHies AC10k8 ASS2SSI � 8,1 _ H�e park Neg� � RR _ Railrpads �tiY �9 $2 - �+� �� Variance ReqUest #00-20 • s,3 -�i�"d, or,�v adau� N so-eec c,e�u� � G1 - Laal � o,�, �, � 7119 Ashton Avenue � � =��►� o � � Ranjit & Prisalla Persaud • ca� - c� o�� SMALLWOOD RICHARD & DOLORES NEWCOMBE CYNTHIA M 7180 E RIVER RD NE 7165 E RIVER RD NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 CURRENT RESIDENT 21 MEYERS AVE NE FRIDLEY,MN 55432 PANCHYSITYN PETER J& IDA M 7155 E RIVER RD NE FRIDLEY,MN 55432 CURRENT RESIDEIVT 11 MEYERS AVE NE FRIDLEY,MN 55432 YOUNG JAMES W 7135 E RIVER RD NE FRIDLEY,MN 55432 �� NEUMANN PAULA D 7181 E RIVER RD NE FRIDLEY,MN 55432 MN STATE OF IN TRUST C/O ANOKA CO PROP REC & TAX ANOKA,MN 55303 CONLON SANDRA LEE 7129 ASHTON AVE NE FRIDLEY,MN 55432 ANOKA CTY COMM ACTION PROGRAI�IURRENT RESIDENT PERSAUD PRISCILLA D& RANJIT 1201 89TH AVE NE 7125 ASHTON AVE NE 7119 ASHTON AVE NE BLAINE,MN 55434 FRIDLEY,MN 55432 FRIDLEY,MN 55432 PUY VATHANA SCHILLING THOMAS A& PAMELA J FRIDLEY CITY OF 7115 ASHTON AVE NE 7109 ASHTON AVE NE 6431 UNIVERSITY AVE NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 CURRENT RESIDENT 20 MEYERS AVE NE FRIDLEY,MN 55432 SCHLENER RICHARD G 200 COMMERCE CIRCLE MINNEAPOLIS,MN 55432 CURRENT RESIDENT 200 S COMMERCE CIR NE FRIDLEY,MN 55432 SELIN DAVID A& RACHEL A NAUMOVICH DIANE S MANESS MARY E 7107 ASHTON AVE NE 100 711/2 WAY NE 106 711/2 WAY NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 ASPENSON ARNOLD J& TAMARA SEVERNI FREDERICK & BARBARA THOLE NANCY P 112 711/2 WAY NE 7145 RIVERWOOD DR NE 111 71ST WAY NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 PREMSUKH BHOJ K& UTRA D 101 71 ST WAY NE FRIDLEY,MN 55432 LEHRKE JANET 7136 E RIVER RD NE FRIDLEY,MN 55432 MATTSON MICHAEL P& JEAN C 103 71 1/2 WAY NE FRIDLEY,MN 55432 CURRENT RESIDENT ANOKA COUNTY OF CURRENT RESIDENT 7099 HICKORY DR NE HIGHWAY DEPARTMENT 7091 HICKORY DR NE FRIDLEY,MN 55432 ANOKA,MN 55303 FRIDLEY,MN 55432 BECK KIMBERLY E& MICHAEL R 7093 HICKORY DR NE FRIDLEY,MN 55432 BLINCO LESLIE G 7067 HICKORY DR NE FRIDLEY,MN 55432 ANDREWS GEORGE F& NANCY JO ONSGARD RICHARD D 7083 HICKORY DR NE 7075 HICKORY DR NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FETROW ROBERT T& FRANCES A SWANSON KEVIN J 7061 HICKORY DR NE 7053 HICKORY DR NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FOREMAN DONALD S KOEL DALE A& CHARLENE K JOHNSON CONALLY E& JANNA E 7092 HICKORY DR NE 7084 HICKORY DR NE 7105 E RIVER RD NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432