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AF-V - 43947\ J CITY OF FRIDLEY 6431 UNIVERSITY AVENUE N.E. FRIDLEY, MN 55432 '� � (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT VARIANCE APPLICATION FORM PROPERTY INFORMATION - site plan required for submittal; see attached Address: 4�� /Ji�G� i�l%�%G�� i��/- " �i��L�S'' Property Identification Number (PIN) �,3 . 3C� o? ��-% dZ � ��..3 � Legal description: Lot � Block �� TracdAddition �iC1G�i�G'/l"w o?l'� `��/.�/�%� Current zoning: /�/ Square footage/acreage o7�, �i�%�% .S�T, Reason for variance and hardship: �/�/= 5i'/f,�%,1 �,�TL�/L �G1''�l/,f�/'� S`I>i4� Section of City Code: 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 ever denied or revoked? Yes No FEE OWNER INFORMATION (as it appears on the property title) (Contract Pur hasers: Fee Owners must sign this form prior to processing) NAME 6' �i- T/=�' ��f��-l�l�/G�i�f ADDRESS� �/�/�.JOr�' U/l: � /Ji�'��/� ��//�Gl= r1 � � J ':�- DAYTIME PHONE J 7y—�1�� SIGNATURE � DATE LS� � �' �1-� PETITIONER INFORMATION NAME ADDRESS SIGNATURE DAYTIME PHONE DATE Fee: $100.00 $ 60.00 t/ for residential propeities Permit VAR # a�� /�— Receipt # � 7�D � Application received by: Scheduled Appeals Commission date: % Scheduled City Council date: 7G � COMNiISSION APPLICATION REVIEW � FILE NUMBER FILE DATE MEETING DATE FILE DESCRIPTION VAR �� 93-12 ��QF 27 6/9/93 6/22/93 6600 Brookview Drive N.E. ��DL� Peter Vagovich COMPLETE REVIEW CHECKLIST AND RETURN TO PLANNING DEPT. G� � E M. �' �� SCOTT E. _ �-�� ,z JOHN F. �� COMMENTS � � � 0 � /�:i ' • � _� u�. •� _ �-�-e `�;� ? , .7 ��M 8. ��- �-c,�� - CQ-�-`I�'�.-�� A ,� (`� W l `� � ' Ue /// • - `.� , [r LEON M. 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I L o� � �� O� � � �?- r� g � � ] � > � � d: y �o a�, -- Siz --- , , 0 o , i �ty, _ _ 16'b�Z _ _ W OL � 3� w �- Z- N �.. w � � 0 � � N� � a m� �p F- �N � �. � =o -o �n � � ,� i = c�, � �� 0000�a � � � �� , � ! � � • � � z � �� i� � � � � �- � r rN � ,+- .. = � N uw(,� ., d, �,� d 5 � � � o �- , �� i � � � w > Y 0 � � t � r � • � J n NEt�I srRuCr�RE SP �193-09 Peter Vagovich . • , • .s � `�O' - . . . . _ \�o �oo . ' � I i � � � � I I i � � S ,�%/DUf" s ff.�/� % o �+ � ' �� .c S-y.Q� � i�S�.4',�-T � /✓'/�-s.c i �.. , � � �/�i�/o.�� . �/r�F s-,a,a�� ' � 3�L % /3/S��K 3 � � . � ,- - x �t � W . � Exisr. Ho�SE N � w � � ! � � \�� F3RooK�/�EI•-� l7R ��/E. ;: �; � - ` � . _. ' �:,\ . . � -' , �, � e � �vd �tiv� k � ��e,.� ��.� ��Q3 �� SITE PLAN l : � �' .� t � PUBLIC HEARING BEFORE THE APPEALS COMMISSION � 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, June 22, 1993, at 7:30 p.m. for the purpose of: Consideration of variance request, VAR #93-12, by Peter Vagovich: Per Section 205.04.05.B of the Fridley Zoning Code, to reduce the side yard setback of a detached accessory structure from 5 feet to 3 feet, to allow the construction of a detached accessory structure, on Lot 6, Block 2, Brookview 2nd Addition, the same being 6600 Brookview Drive N.E. Any and all persons desiring to be heard shall be given the opportunity at the above stated time and place. DIANE SAVAGE CHAIRPERSON APPEALS COMMISSION Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than June 15, 1993. C� VAR ��93-12 Peter Vagovich Peter Vagovich 6600 Brookview Drive N.E. Fridley, MN 55432 John Pribnow 1020 - 67th Avenue N.E. Fridley, MN 55432 Ronald Long 1010 - 67th Avenue N.E. Fridley, MN 55432 Richard Niznik 1000 - 67th Avenue N.E. Fridley, MN 55432 Current Resident 6565 Oakley Drive N.E. Fridley, MN 55432 Current Resident 7170 Riverview Terrace N.E. Fridley, MN 55432 Lewis Wells 6553 Oakley Drive N.E. Fridley, MN 55432 William Doyle 6551 Oakley Drive N.E. Fridley, MN 55432 Harold Marchand ]001 Mississippi Street N.E. Fridley, MN 55432 Gwen Vierkant 1040 - 67th•Avenue N.E. Fridley, MN 55432 Richard Larson 1050 - 67th Avenue N.E. Fridley, MN 55432 John Beaulieu 1060 - 67th Avenue N.E. Fridley, MN 55432 MAILING LIST ! Appeais 6/11/93 Council Michael Hobbs 6554 Brookview Drive N.E. Fridley, MN 55432 Steven Flattum 6566 Brookview Drive N.E. Fridley, MN 55432 Orville Jacobson ' 6606 Brookview Drive N.E. Fridley, MN 55432 Appeals Comm. Chair City Council Members • CITY OF FRIDLEY � APPEALS COMMIS3ION MEETING� JIINE 22, 1993 _.._____..___..___..___....___..______..__----_.,______________________..__ CALL TO ORDER• Chairperson Savage called the June 22, 1993 Commission meeting to order at 7:30 p.m. ROLL CALL• Members Present: Diane Savage, Larry Kuechle, Carol Beaulieu Members Absent: Ken Vos, Cathy Smith Others Present: Michele McPherson, Planning Assistant Peter Vagovich, 6600 Brookview Drive Steven Flattum, 6566 Brookview Drive Barbara Hughes, 548 Rice Creek Terrace Richard & Kathryn Fischbach, 6810 - 7th Street Glenn & Lynda Paulick, 6800 - 7th Street APPROVAL OF JUNE 1, 1993, APPEALS COMMISSION MINUTES: MOTION by Mr. Kuechle, seconded by Ms. Beaulieu, to approve the June 1, 1993, Appeals Commission minutes as written. UPON A VOICE VOTE, ALL VOTING AYE� CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOIISLY. l. CONSIDERATION OF A VARIANCE REQUEST, VAR #93-12. BY PETER VAGOVICH: Per Section 205.04.05.B of the Fridley Zoning Code, to reduce the side yard setback of a detached accessory structure from 5 feet to 3 feet, to allow the construction of a detached accessory structure, on Lot 6, Block 2, Brookview 2nd Addition, the same being 6600 Brookview Drive N.E. MOTION by Mr. Kuechle, seconded by Ms. Beaulieu, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CIiAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:32 P.M. Mr. McPherson stated this property is located on Brookview Drive south of 67th Avenue and west of Highway 65. The property is zoned R-1, Single Family Dwelling. The Michael Servetus Unitarian Church is located directly west of the subject property. The properties 7H � • • APPEALS COMMISSION MEETING, JUNE 22, 1993 PAGE 2 to the north and south are also zoned R-1, Single Family Dwelling. Ms. McPherson stated the petitioner has begun construction of a 12 ft. by 30 ft. detached accessory structure located adjacent to the existing two-car garage attached to the dwelling unit. The petitioner has also applied for a special use permit as the accessory structure is over 240 sq. ft. and is the second accessory structure. The Planning Commission will review the special use permit request on Wednesday, June 23. Ms. McPherson stated the structure is located approximately three feet from the lot line; however, it is currently not anchored to the concrete slab on which it is located. Because the accessory structure is located in the side yard, a setback of 5 feet is required. If the petitioner would relocate the structure to the rear yard or behind the rear line of the dwelling unit, then a setback of 3 feet would be permitted. Ms. McPherson stated there is adequate room on the property to relocate the accessory structure. The Zoning Code allows the expansion of a single car garage to within 3 feet of the lot line if the adjacent dwelling unit is located at least 10 feet from the common property line. The dwelling unit located south of the subject parcel is located less than 10 feet to the side lot line. Ms. McPherson stated staff recommends that the Appeals Commission recommend denial of the variance request as the petitioner can relocate the structure to comply with the ordinance requirements. The proposed accessory structure does not adversely impact the lot coverage; however, there are several Building Code requirements that must be met to allow the construction of the structure to continue. Those are: 1. The building code requires one hour fire walls on the north and south side of the structure to its foundation. Because the structure is on a slab rather than a foundation, it is not certain whether the fire wall requirement can be met. 2. In the opinion of the Building Inspector, the roof trusses are not designed to provide storage in the upper level of the structure. The petitioner indicated that this area may be used for storage or to be used as a playhouse for his son. If the petitioner can provide structural information to refute this observation, the petitioner would be allowed to have storage in the upper level of the structure. 3. The accessory structure needs to be permanently anchored to the slab on which it sits. Anchoring the structure to the slab may be difficult in its present location. 7� � • • APPEALS COMMISSION MEETING, JIINE 22, 1993 PAGE 3 The petitioner will need to remove the existing slab to provide appropriate anchoring systems. Ms. McPherson stated the petitioner has adequate room on the property to comply with the ordinance requirements. If approved, this variance will be the most extreme granted for this particular type of request. In fact, if the Commission approves this variance request, they would be setting a precedent for similar requests in the future. Ms. McPherson stated staff recommends that the Appeals Commission recommend denial of this request; however, if the Commission recommends approval, staff has one stipulation: 1. Construction of the accessory structure shall comply with the Uniform Building and Fire codes. Ms. Beaulieu asked if construction of the accessory structure is finished. Ms. McPherson stated the petitioner began construction without a building permit, so there is a stop work order on the structure. Construction on the structure cannot continue until the petitioner has applied for and received a building permit and has received approval for any variances or special use permit as required by code. The walls of the structure are up, the floor system is in, the roof is on, and the roof is shingled. Ms. Savage asked the petitioner to explain his hardship. Mr. Peter Vagovich stated that he has an existing 21 ft. by 20 ft. garage which is full of storage, and there is no room to park his cars in the garage. He did not know he needed a building permit to construct a storage shed. He stated he has received no complaints from his neighbors. He stated the neighbor to the south has no objection to the storage shed. He stated he can anchor the structure to the concrete slab, and he can sheetrock or insulate the structure to meet the fire code. Ms. Savage asked the petitioner about staff's suggestion that the structure be relocated to the rear yard. Mr. Vagovich stated he does not want to move the structure to the rear yard. He stated he has a very nice back yard, and he does not want to look at a storage shed. He would have to move his sprinkler system. He had an architect draw up the plans and he hired a carpenter to construct the building, so he has invested over $3,000 already. He tries to keep his property looking nice, and this building will look nice. Mr. Vagovich stated the house to the south was built in 1946, and his house was built in 1957. He feels the City is trying to apply 7J s • APPEALS COMMISSION MEETING, JIINE 22. 1993 PAGL 4 90 rules to homes that were built in the 40's and 50's. He stated he operates a tree service so he drives all around Fridley. He stated there are junky sheds and code violations all over the City. Mr. Steven Flattum, 6566 Brookview Drive, stated his home is directly to the south of Mr. Vagovich. He stated is the closest neighbor, and he has no objection to the shed. Mr. Vagovich's yard always looks nice. Ms. Barbara Hughes, 548 Rice Creek Terrace, stated she is President of Michael Servetus Unitarian Church which backs up to Mr. Vagovich's property. She stated the church has no objections to the storage building, but would be concerned if the building is not adequately anchored to protect the church property from any damage during a storm. From the church's standpoint, of course, the farther away the building, the better it is for the church. She did understand the staff's concern about the building being too close to the neighbor's property and setting a precedent. MOTION by Ms. Beaulieu, seconded by Mr. Kuechle, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PIIBLIC IiEARING CLOSED AT 7:45 P.M. Mr. Kuechle stated that the criteria for hardship are not being met in this case. He did feel badly that the petitioner has already started construction and it is in a tight spot; however, the petitioner has the opportunity to add an additional stall to the existing garage without a variance. The petitioner could also relocate the accessory structure to the rear yard. Since those two options are available with no impact or at least minimal impact, he would have to recommend denial of the variance request. Ms. Savage agreed. She stated she did not see a sufficient hardship to recommend approval of this variance and to set a precedent for the future. The structure is located extremely close to the property line and that certainly does not serve the spirit of the code, both for aesthetic reasons and for the considerations of fire. She would also recommend denial of the request. Ms. Beaulieu stated the hardship cannot be one that is created by the petitioner, and the biggest hardship in this case is that the petitioner started construction without a building permit. Granting the variance because the building is already partially constructed would certainly be setting a bad precedent. She would also recommend denial of the request. MOTION by Mr. Kuechle, seconded by Ms. Beaulieu, to recommend to City Council denial of variance request, VAR #93-12, by Peter Vagovich, per Section 205.04.05.B of the Fridley Zoning Code, to reduce the side yard setback of a detached accessory structure from 7K � • APPEALS COMMISSION MEETING, JIINE 22. 1993 PAGE 5 5 feet to 3 feet, to allow the construction of a detached accessory structure, on Lot 6, Block 2, Brookview 2nd Addition, the same being 6600 Brookview Drive N.E. UPON A VOICE VOTE, ALL VOTING AYE� CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED ONANIMOIISLY. Ms. McPherson stated this item will go to City Council on July 6, 1993. 2. AND KATHRYN FISCHBACH: � Per Section 205.07.03.D. front yard setback from 3 205.04.05.B.(2).(a). of t setback from 3 feet to 2. existing single car gar� Terrace Plat 4, the same MOTION by Mr. Kuechle, seconded hearing. i) of the City Code, to reduce the � feet to 32.7 feet, and Per Section City Code to reduce the side yard 7 feet to allow the expansion of an g on Lot 5, Block 3, Rice Creek o'nq 6810 7th Street N.E. Ms. Beaulieu, to open the public IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEAR NG OPEN AT 7:50 P.M. Ms. McPherson stated this property i located near the intersection of 68th Avenue and 7th Street. The property is zoned R-1, Single Family Dwelling, as are all surroundi g parcels. Currently located on the property is a single family d elling unit with an attached single car garage. The petitioners are proposing to expand the existing single car garage to a two-c r garage by adding 6 feet to the south side of the garage and an a ditional 2 feet to the east side or front of the garage. The purp se for the addition to the front of the garage is to facilitate stalling a two-car garage door. It will also lengthen the ga age which will allow the petitioners additional storage space a the rear of the garage which would normally occur on the sides of a garage. Ms. McPherson stated the Zoning Code was mended several years ago to allow the expansion of single car att ched garages to two-car attached garages and to reduce the side ard setback from 5 feet to 3 feet without a variance if the adjac nt dwelling unit is 10 feet from the lot line or if the adjacent double car garage is 5 feet from the lot line. Ms. McPherson stated the petitioners are re esting that a variance be granted to allow a side yard setback d wn to 2.8 inches as opposed to 3 feet to allow adequate room for the expansion of the garage. The existing garage is set at approx mately 8.8 feet from the property line. The petitioners did recei e a•variance to add the family room to the rear of the garage in 1 81. The additional inches requested by the petitioners will not a versely impact the 7L � / [� Community Development Department C� PLANNING DIVISION City of Fridley DATE: June 30, 1993 TO: William Burns, City Manager 1*�• ? FROM: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant 3UBJECT: Variance Request, VAR #93-12, by Peter Vagovich, 6600 Brookview Drive N.E. On June 22, 1993, the Appeals Commission voted unanimously to recommend denial of the variance request to reduce the side yard setback from 5 feet to 3 feet to allow the construction of a detached accessory structure. Staff recommends Commission action. MM:ls M-93-365 that the City Council concur with the Appeals � � � REQUEST Permit Number Appl icant Proposed Request Location SITE DATA Size Density Present Zoning Present Land Use(s) Adjacent Zoning Adjacent Land Use(s) Utilities Park Dedication Watershed District ANALYSIS Financial Implications Conformance to the Comprehensive Plan Compatibility with Adjacent Zoning and Uses � Environmental Considerations RECOMMENDATION Staff Appeals Commission Planning Commission Author �/dn STAFF REPORT Community Development Department Appeals Commission Date : June 22, 1993 Planning Commission Date City Council Date July 6, 1993 VAR 4�93- 12 Peter Vagovich To reduce the side yard setback from 5 feet to 3 feet 6600 Brookview Drive N.E. 21,500 square feet R-I, Single Family Dwelling Residential R-1, Single Family Dwelling on all sides Residential Rice Creek Denial Denial � Staff Report VAR #93-12, Peter Vagovich Page 1 A. STATED HARDSHIP: \ J "Side yard setback encroachment. Garage is too small." B. ADMINISTRATIVE STAFF REVIEW: Request The petitioner requests that a variance be granted to reduce the side yard setback for a detached accessory structure from 5 feet to 3 feet. The request is for Lot 6, Block 2, Brookview Second Addition, the same being 6600 Brookview Drive N.E. Site Located on the property is a single family dwelling unit with an attached two car garage. The property is zoned R-1, Single Family Dwelling, as are all surrounding parcels. The Michael Servetus Unitarian Church is located west of the subject parcel. Analysis Section 205.04.05.B.(2) requires that all accessory buildings and structures shall not be any closer 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. The petitioner began construction of a 12' x 30' (360 square foot) detached accessory structure without a building permit. The petitioner is also processing a special use permit to allow a second accessory structure over 240 square feet. The petitioner has located the detached accessory structure on a concrete slab located adjacent to the existing two car garage. The structure is located three feet from the lot line. Because the accessory structure is located in the side yard, a setback of 5 feet must be maintained. If the petitioner were to relocate the accessory structure to the rear yard, he would be permitted by code to locate the structure 3 feet from the side lot line. There is adequate room in the rear yard in which to relocate the accessory structure. The code does permit expansion of an existing single car garage to within 3 feet of the lot line if the adjacent dwelling unit is 10 feet from the side lot line. The dwelling unit located south 7D . � � • Staff Report VAR #93-12, Peter Vagovich Page 2 of the subj ect parcel is less than 10 feet to the side lot line. Staff recommends that the variance be denied as there is adequate room on site to relocate the structure to comply with the ordinance requirements. The proposed accessory structure does not adversely impact the lot coverage of the property; however, there are several building code requirements which need to be met in order to allow construction to Continue. 1. The building code requires one hour fire walls on the north and south side of the structure to its foundation. Because the structure is on a slab rather than a foundation, it is not certain whether the fire wall requirement can be met. 2. The roof trusses are not designed to provide storage in the upper level of the structure. The petitioner indicated that this area may be used for storage or to be used as a playhouse for his son. 3. The accessory structure needs to be permanently anchored to the slab on which it sits. Anchoring the structure to the slab will be difficult in its present location. The petitioner will need to remove the existing slab to provide appropriate anchoring systems. Recommendation Staff recommends that the Appeals Commission recommend denial of the variance request to the City Council. The petitioner has adequate room on the property to comply with the ordinance requirements. If approved, a variance would be the most extreme variance granted for this type of request. If the Appeals Commission chooses to recommend approval of the request to the City Council, staff recommends the following stipulation: 1. Construction of the accessory structure shall comply with the Uniform Building and Fire codes. APPEALS COMMISSION ACTION The Appeals Commission voted unanimously to recommend denial of the request to the City Council. CITY COUNCIL RECOMMENDATION Staff recommends that the City Council concur with the Appeals Commission action. 7E u 6 ''!i � v. ' � S�- �� . s , , / �� _,. ! . • d�� S�� _,____ _ C � X �'0 S � � �� " 2- � , C�.�.,�.� �.�� S�-� , �`� � �r S .. v��-,� I� s� . --� `t� ✓�-� :: � ` C�� G�.-��N- � \ �N U/t � l_(�� 1.�,1/lQ � i_ • � . � aln.� � �it.2_- S � � i �• .,' . � ' % -' , � � , �� . / � � � �, ,,I, �> �� , --- _ � . �--_ __, _____�� ,--- ; , �� Y v�- ��c,c.J� ' �i' f � `�� .�, % �� S ' '� � ��a'�!Z � �� C�� {-e� `�Zi C�i�t- v�, _� � � S� �� • • FRIDLEY CITY COIINCIL MEETING OF JIILY 6, 1993 PAGE 5 NEW BUSINESS• 4. APPOINTMENT: PUBLIC SAFETY DIRECTOR: Mr. Burns, City Manager, stated that as Council is aware, Jim Hill, the Public Safety Director, will be retiring July 31. He stated that the City is very fortunate in having someone in the City's Police Department qualified to fill this position. He stated that this person is David Sallman who graduated from the University of Minnesota and received his Masters Degree from St. Tlxomas. He stated that Mr. Sallman also graduated from the FBI �lcademy and served in the Marine Corps. He stated that he joined the Fridley Police Department in 1977 and rose rapidly through"the ranks to Deputy Public Safety Director in 1987. He reviewed!�he honors that Mr. Sallman has received and some of his accompl�eshments. Mr. Burns recommended that the Council concur with the appointment of David H. Sallman as the new Public Safety/'Director. MOTION by Councilman Schneider to conC�ir with the following appointment by the City Manager: ,% / Starting � Starting Name Position Salarv � Date Replaces David H. Director of Sallman Public Safety Exempt $62,180.i�4 Aug. 1, James P. per yea 1993 Hill $5,18 .72 per onth Ra e 11 Seconded by Councilwoman rgenson. Upon a voice vote, all voting aye, Mayor Nee declared he motion carried unanimously. Mayor Nee and members f the City Council congratulated Mr. Sallman on his appointment. Mr. Sallman tha ed Jim Hill, Bill Burns, and members of the Council for the confidence they have shown in him. He stated that he will work v ey hard to justify that confidence. Mayor Nee �ated that he felt the City was fortunate to have a person in hich they had such confidence. Council n Billings pointed out that the City of White Bear Lake did a exhaustive search for a Public Safety Director, and Dave Sall n finished in the top three. He stated that a selection has not een made, but Mr. Sallman has withdrawn from the running to a ept this position with the City. He stated that this further exemplifies that Mr. Sallman is a very qualified person. • • FRIDLEY CITY COIINCIL MEETING OF JDLY 6, 1993 PAGE 6 5. FIRST READING OF AN ORDINANCE AMENDING CHAPT�R 3 OF THE FRIDLEY CITY CHARTER: Mayor Nee stated that this ordinance amendme requires five votes. Since all councilmembers were not pres this evening, he asked that the item be tabled. MOTION by Councilman S< Councilwoman Jorgenson. Nee declared the motion � ier/to table this item. Seconded by ria voice vote, all voting aye, Mayor ied unanimously. MOTION y Councilman Schneider to waive the reading and approve the ord' ance on first reading. Seconded by Councilwoman Jorgenson. U n a voice vote, all voting aye, Mayor Nee declared the motion arried unanimously. 7. RECEIVE AN ITEM FROM THE APPEALS COMMISSION MEETING OF JUNE 22, 1993• A. VARIANCE REQUEST. VAR #93-12, BY PETER VAGOVICH, TO REDUCE THE SIDE YARD SETBACK OF A DETACHED ACCESSORY STRUCTURE FROM 5 FEET TO 3 FEET, TO ALLOW THE CONSTRUCTION OF A DETACHED ACCESSORY STRUCTURE. GENERALLY LOCATED AT 6600 BROOKVIEW DRIVE N.E.• Ms. Dacy, Community Development Director, stated that this is a request for a variance to reduce the side yard setback for a detached accessory structure from five feet to three feet to allow construction of a 12 by 30 foot building. She stated that the petitioner began construction without a building permit. She stated that if this variance is approved at its present location, staff has some concerns regarding a fire wall, roof trusses, and that the structure is permanently anchored to the slab. Ms. Dacy stated that the Council should note this request is in excess of previously approved requests. Ms. Dacy stated that the owner to the south of this property testified in favor of the variance request. She stated that the Appeals Commission unanimously recommended denial, as there are other options to conform to the ordinance, and they believed no hardship exists, and that granting the variance would be contrary to the spirit and intent of the code. Councilman Billings asked if it was relevant that construction began without a building permit. y � • FRIDLEY CITY COIINCIL MEETING OF JIILY 6, 1993 PAGE 7 Ms. Dacy stated that, typically, the Council considers these requests prior to initiation of construction, and the Appeals Commission did not want to send a message to Council that they should approve the variance just because a structure was partially completed. Councilwoman Jorgenson asked the petitioner if a contractor was assisting him in building the structure. Mr. Vagovich stated that he had a contractor construct the building. He stated that he did not know he needed a building permit for a utility shed. He stated that the contractor is Hermanson Builders in Ham Lake. Councilman Billings stated that the City still licenses contractors for commercial properties, but he believed contractors for residential properties are licensed by the State. Ms. Dacy stated that residential contractors apply for a license form the State, but the City verifies the license when a building permit application is received. Mayor Nee said that the State should probably be advised that the contractor does not recognize that he should obtain a building permit. Mayor Nee stated that with all the space available on this lot, he could not understand why the petitioner chose to construct the building at this location. Mr. Vagovich stated that he did not want to look at a shed in his back yard. He stated that the Michael Servetus Unitarian Church has a shed that is only about a foot from the property line. He stated that he has seen buildings all over Fridley that are closer to the property line. Mayor Nee�stated that variances are granted if there are no other options, and Mr. Vagovich has a very substantial amount of land where this building could be constructed. Mr. Herrick, City Attorney, stated that the general rule for a variance is if the applicant cannot make any reasonable use of his property or does not have any alternative. He stated that the Council has previously discussed creating precedents, and if a variance such as this is approved, someone with a similar request would have to be treated in the same manner. Councilman Billings stated that the petitioner has spent time, energy, and money for this project; however, he is inclined to go along with the unanimous recommendation of the Appeals Commission and deny the variance. • • FRIDLEY CITY COIINCIL MEETING OF JULY 6, 1993 PAGE 8 MOTION by Councilman Billings to concur with the unanimous recommendation of the Appeals Commission and deny Variance Request, VAR #93-12. Seconded by Councilman Schneider. Councilwoman Jorgenson asked if Mr. Vagovich would have any recourse to take legal action against the contractor for not knowing the setback requirements in the City. Mr. Herrick felt that Mr. Vagovich may have a reasonable claim. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 8. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF JUNE 23, 1993• A. SPECIAL USE PERMIT RE4UEST, SP #93-09, BY PETER VAGOVICH, TO ALLOW THE CONSTRUCTION OF A SECOND ACCESSORY STRUCTURE OVER 240 SQUARE FEET, GENERALLY LOCATED AT 6600 BROOKVIEW DRIVE N.E.• Ms. Dacy, Community Development Director, stated that the Council denied the variance request; therefore, action should be taken to deny this special use permit. Councilman Billings stated that this would not necessarily be true since the petitioner could build the s�'ructure in the back yard, and he has applied for the special us�'permit to permit a building larger than 240 square feet. Ms. Dacy stated that the Planning Commission recommended approval of this special use permit with �he stipulations that the structure comply with the Uniform Building and Fire Codes and that the structure be relocated if the'variance was not approved. Councilman Billings stated that, unfortunately, the petitioner has left the meeting, but he,'may want to move the structure to comply with the setback requir,cments. He stated that if this special use permit is granted anc�/the building is not constructed within one year, this permit wqYild expire. Ms. Dacy stated 14at if the special use permit is approved, staff would review t e revised location to determine if the setback requirements e met, and that would occur administratively. MOTION by SP #93-09,, construc and fur e not a rov setb ks. all oting �Councilman Billings to grant Special Use Permit, with the stipulation that the accessory.building be t in accordance with the building, fire, and,zoning codes • emphasizing that the Variance Request, VAR #93-12, was �d and the building must meet all side and rear yard Seconded by Councilwoman Jorgenson. Upon a voice vote, aye, Mayor Nee declared the motion carried unanimously. � -- � _ CI-iYOF FRIDLEY ''!�T• b� � ; � � � i� � a , . � •� ' I / J / � �, , � FRIDLEY MUNICIPAI. CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 •(6l2) 571-3450 • FAX (6l2) 571-1287 CITY COUNCIL ACTION TAKEN NOTICE July 12, 1993 Peter Vagovich 6600 Brookview Drive N.E. Fridley, MN 55432 Dear Mr. Vagovich: On July 6, 1993, the Fridley City Council officially denied your reques`t for a variance, VAR #93-12, to reduce the side yard setback of a detached accessory structure from 5 feet to 3 feet, to allow the construction of a detached accessory structure, located on Lot •6, Block 2, Brookview 2nd Addition, the same being 6600 Brookview Drive N.E. � The City Council did, however, approve the special use permit request, SP #93-09, to allow the construction of a second accessory structure over 240 square feet, subject to moving the structure to a conforming location on the property, and the accessory building must be constructed �in accordance with the building, fire, and zoning codes. Should you wish to move the building elsewhere on the property, please contact Michele McPherson at 572-3593 to verify appropriate setbacks. Also, your site plan and building plans will need to be amended to conform to applicable zoning and building codes. Please contact Tom Blazina, Chief Building Official, at 572-3602 for information on the revised building permit application. Should you wish to move the structure out file a moving permit application. Please 572-3604 for the application and required of the City, you must contact Mary Hintz at fees. The structure must be moved to a conforming location on the property or moved out of the City by October 15, 1993. Peter Vagovich July 12, 1993 Page 2 If you have any questions regarding the above action, me at 572- -5�0 i Sin el , �� i r arbara Dacy, AICP C�ommunity Developmen D' ector � BD/dn cc: William Burns Tom Blazina Mary Hintz ,' Michele McPhersonL� please call Please review the above, sign the statement below and return one copy to the City of Fridley Planning Department by July 26, 1993. � � Concur with action taken • � � � � C�� F FRIDLEY FR[DLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 •(612) 571-3450 • FAX (612) 571-1287 CITY COUNCIL ACTION TAKEN NOTICE July 12, 1993 Peter Vagovich 6600 Brookview Drive N.E. Fridley, MN 55432 Dear Mr. Vagovich: On July 6, 1993, the Fridley City Council officially denied your reques't for a variance, VAR #93-12, to reduce the side yard setback of a detached accessory structure from 5 feet to 3 feet, to allow the construction of a detached accessory structure, located on Lot 6, Block 2, Brookview 2nd Addition, the same being 6600 Brookview Drive N.E. The City Council did, however, approve the special use permit request, SP #93-09, to allow the construction of a second accessory structure over 240 square feet, subject to moving the structure to a c9nforming location on the property, and the accessory building must be constructed in accordance with the building, fire, and zoning codes. Should you wish to move the building elsewhere on the property, please contact Michele McPherson at 572-3593 to verify appropriate setbacks. Also, your site plan and building plans will need to be amended to conform to applicable zoning and building codes. Please contact Tom Blazina, Chief Building Official, at 572-3602 for information on the revised building permit application. Should you wish to move the structure out of the City, you must file a moving permit application. Please contact Mary Hintz at 572-3604 for the application and required fees. The structure must be moved to a conforming location on the property or moved out of the City by October 15, 1993. � Peter Vagovich July 12, 1993 Page 2 u If you have any questions regarding the above action, me at 572-�3�590:� Sin el , � / � -� arbara Dacy, AICP �ommunity Developmen D' ector � BD/dn cc: William Burns Tom Blazina Mary Hintz Michele McPherson please call Please review the above, sign the statement below and return one copy to the City of Fridley Planning Department by July 26, 1993. Concur with action taken �...�� Y,� !�1 , .F� �.. ^/ ��. ` _ � -\. � �, � � \`��_ .,.;� � ` �\ _.`� _,\ � 1 �i;� _�;�0 �� ',. „ �, �� . , � , � , ,.. ,� �~ 1 � � �.s,: r_.: �:� � .:. i l � � � � _�-:: �.i„►,, - �„�. � _�_ _��'+b�`""...-„� -~ � '� - � . � � }�� r%��.I, �=y, ~'� .r'�/"�.: _ '� _r°'"/ .6i,.�_�_°``w.� _ ,�.s. .