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AF-V - 46011. ,1�� G�Ii'Y o�F' FRIDIL7t ` • 6431 IAVIVERSITY AVENt1E N.E. FRIDLEY� IrIIJ 55432 (612) 571-3450 �� I �Q� �� il (o �5- "�`wt, �q V I �tw � � � � `� � %'l ou �t. � M vt 55Qom�adLi tv Develoane�lt De�r�ent �4 7 Zr- t �"s 3� VAR7�iTV�E APPT�CA'1Z�? F�I �DPElZTY II�TI�1 - site pl�n requi.red for sutmittals: see attaciie�d � .,. � Legal description: Ir�t % �'� — �. � Block Current zoning: " Kes Rea��on for varianoe arid hazds�hip: FEE � It�oRi�Ti�T Z'Yact/Additioa� Section of City Code: (Oontract Pumhasexs: Fee Owners nn�st sicm this form �'�'iar to prcae.ssincl) n�� -3b y y slc�� n� �- I 8- 9� ....�......_....�...._...�...��.......�.......��.�,..�.�....��._.�......._.�.�.�...,��...._.�.�._.� ..�...___..�..�_ �-rrri�x n��,�a�r � r� Md�� V e�s0 . ..;- � r, ►• - .� �� '1 �� -3� y9 n� / - I �S - °1 1 Fee: . $ 60.00 for resid�ential properties Piermit vAR # R�eoeipt # 3� 9�s � Application reoeived l�y: Scheduled Appe.als �ior� date: Sci�duled City Ca�n�cil date: / �l�! / ..�__....�.r.r.........._........._�� ......��........�................�......_�......�� 5T e COMMISSION APPLICATION REVIEW r F�E NUMBER FlLE DATE MEETING DATE FILE DESCRIPTION �#91-02 �iN�F 5 1-18-91 2-5-91 600 Buffalo Street N.E. - front yard FRIDLEY COMPLETE REVIEW CHECKLIST AND RETURN TO PLANNING DEPT. � - -- � - - MICHELE M. �.�,.�� MARKi,IN�1� L� JVIiN F. �� > �ARREL C. � CLYDE M. !- �3 �jLEON M. �_ ,�� JIM H. � " �8 BOB A. �/d � --3 COMMENTS c,�.�l�� o �i p � t�-d �s �" ��--�-�"fP.�..�,`--� r g �° � -� -�� .? �e�►�, ��,�..� �` �.�� w � l�� /�l „�� G�� -� �--� c v�-�- b�� G..��a`�� rj ��%� ��-i' ��G� //�/ G!/'�C�-F- � w Lr� f/� �i � � � � 5�R PIIBLIC HEARING BBFORE 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, February 5, 1991, at 7:30 p.m. for the purpose of: Consideration of variance request, VAR �91-02, by Vaace and Mary Nelson: Per Section 205.07.03.D. (lj of the Fridley City Code, to reduce the front yard setback from 35 feet to 14.5 feet for an existing condition, and to reduce the front yard setback from 35 feet to 21 feet, to allow the construction of a garage and additional living space, on Lots 18, 19, 20, and 21, Block Y, Riverview Heights Addition, the same being 600 Buffalo Street 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 COMMISSION Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. Ci.ty Cotmcil City Manager Lhane Savage 567 Rive CreP.k 'Perraoe N.E. Fridley, N�1 55432 N1ary & Uanoe Ne lson 600 Buffalo Street N.E. Fridley, MtJ 55432 Gazy Thamton- 4655 ZbnkavieHr Iane Nbund, NN 55364 Garland Lagesse 7951 Broad Avenue N.E. Fridley, NN 55432 J�nes Bawe/Resident 7919 Broad Avenue N.E. Fridley, N1V 55432 Stephsn SLmdqua�st 63Q Cfieryl Street N.E. Fridley, NN 55432 clark rdason 614 Chexyl Street N,E:. Fridley, NIlV 55432 Gordon Hedl.und 1255 Pi1ce Lake Drive. New Bric�itc�n, NN 55112 • MAII� LIST FOR �ARTANCE # 9.1�2 Mary & Vance Nelson 6QQ Buffalo Street N.E. k'rank Shimek. 79Q1 Riverir�,�r Terrace N.E. Fridley�, NN 55432 B:x-uoe Ths�m�s.on 6212 Hillsi.de k�ad Edina, N�1 55436 B�ce Tho�son/Re�ident �,, , 630 Buf,falo Stxeet N.E. F'xidley�, rMT 55432 Margaxe.t �vexson 7899 B�'oad Avenue N.E. Fxidle�, 1�N 55432 B:axbaxa �ollig 581 Buf�alo Street N.E. Fridley�, 1�'AV 55432 A,nth�ny T�rek. 611 Buffalo Street N.E. Fridley, NN 55432 Jaanes Brady 641 Buffalo Street N. Ee Fridley, Nl�d 55432 Joel Nlaxquaxdt 7921 RiVesview 'Perrace rI . E . k'ridl�, N�T 55432 • 5S Eaxl c'�e�m,ill 468 I�gfellow Street N.E. Fridley, N�T 55432 Kevin Ho]inan 571 - 79th TnTay �d . E. Fridley, ��`d 55432 Bergsagel and Rogness 16515 - 6th A�n�e North Plyrmuth, N�1 55447 Walter Rasmussen 541 - 79th Way N.E. Fridley, �1 55432 Earl Geamill/Resident 555 - 79th T�Tay N.�. Fridley, NqV 55432 �bert Kohls 640 Chezyl Street T1.E, Fridley, NN 55432 y • • � 5A � STAFF REPORT APPEALS DATE Fevxuary 5, 1991 C(� QF PLA(�1tNG COMMISSION DATE FRIDLEY CITY COIJNCIL DATE : March 4, 199 1 AUTHOR ��_ REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION SITE DATA SIZE DENSITY PRESENT ZONING ADJACENT tAND USES 8� ZONING UTt�(��S PARK DEDICATION ANALYSIS FINANCIAL IMPLICATIONS CONFORMANCE TO COMPREHENSNE PLAN COMPATIBILITY WITH ADJACENT USES � ZONNVG ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMENDATION APPEALS RECOMMENDATION PLANNING COMMISSlON RECOMMENDATION � #91�02 Vance and l�ary Nelson 'Ib xeduce the front yard setbac:k f.�an 35 ft. to 14 ft. and2lft. 600 Buffalo Stxeet N.E. 12,1Q0 sq. ft. R-1, Single FaQnily IIvvelling F�-1, Single Family I�aelling to the N, S, E, &[a Yes Yes Approval for existing oondition, denial for addition Approval � �� i �� 9 �, �'E �` . � +1 ��S � � � � 7 \;�3u�'� i i . / \ \\ \ I,!Qey+,s. s _ � 99 . c � � �A F � / ,�. �`� � ♦ � � �,\ �� / ,�� 33 �O �` -O 'y� / 2 �� ` �2 \ �O G2 �� ■ • VAR ��91-02 Vance/Mary Nelson ----- �� S //2 SEC. ,: cirr oF 31 (' � �'l � \ � SI"' ' _ � 1.a.r�.d�� . ., t-• : r, i'a � �:3 W- / 0 n� ```\ s� ��n � J r ��J � , y ^i�} y' a � i . , _ IrD y �.' ;�I� �' ±• • ELY � ��\ � f ' 4_ '� :,� �F� � �' � N� L �� Q .� � � �, ; , �� ., � �� \ � �'•�� _ � � — - .\ 34 �i�r!� ,��-�� I�14 binlvY) I: e� � �' \ � s. I ;.+i � % Ki / ,, �.. � � ,�b .� V S� LOCATION MAP '', • - � �a � i � r.± `- VAR 4�91-02 • Vance/Mary Nelson I ` . , i ' � � CITY � 1 TNOMPSON� I R/VERV/EW D I HE/GHTS -fA OF 3 �p�� .,..� � � n �� ; *� v `-r Y .� �� ,� �� ' � � � a .� O � � � � : �. � �1 z� 1 � P i°.A � 1 L ` ; IRONTON R ET � , C�{ �1� � 1i R�► L 2 '' '', 129 �: e s � I�, a � � � � Q SPRI � e8 h , ` a 8P� 0 � • � � R�I , ,. A s , � � � N ,S � , ��, B T+ y i ` G��.,� � ' � i GLENCO �`'� ,� ' f t R�i#'' . � U PARK c � d � � > � � �i . +� ♦ + , �� s '� � K �;;;, `; � �, � C ( ; . � �r� +��' E. , p � - i �� J 9 ,, , ,•; i¢ � � � N � �,.f f l� i� s �, . ,/ ; 4 �. ie. v� E 1f V g ,� � 8 ,�° ,�, } �� `� , P � �� , ,, ; �. 4 � i ` ��, LIBERTY • � ♦ � ' �� 1�� ` � % ,� � ,� ♦ � ' . �� LONG IIOW , �,� x � . � � �� . •� � � � � . `ti . .,� ; �• y '•'•'•'•. •'•'• �� . . . .. `' \ � � � �:. �;,T ' � � � ,�•� �. \ I �� . � � ,, 69 • •, RI V E R�W � � `1 `'� ` k � �� ` ••�� kEIGH�'� `� ��.�� • • ' � � r'- � ��r • � � ' �::? Q ` �,� � • � �� '.' , ' ` � 1 �• � � 1� , j • 41 ��` • � � � � `9 � � �� . � � / �l � � J � r • 9R ♦ \' � \� �, , e �• V 1A �+, • 1 ,� y � � . �� o :' �, • 1 l �M1 '� •. � � ��^ t t \� " 9 Ol� �� \\ � c� w� �`� 0 1, � �� p.� e.� , �r • ' 1 � 1 . - . G'.�a C.� ► �• S S'. ZONiNG MAP � � 5Q Staff Report VAR #91-02, Vance and Mary Nelson, 600 Buffalo Street N.E. Page 2 A. HARDSHIP: "Setback from street" B: ADMINISTRATIVE STAFF REVIEW: Request The petitioner is requesting a variance to reduce the required front yard setback from 35 feet to 14.5 feet for an existing condition and from 35 feet to 21 feet for a proposed two-story addition. The request is for Lots 18-21, Block Y, Riverview Heights Addition, the same being 600 Buffalo Street N.E. The petitioner is also processing a special use permit to allow construction of an addition in the CRP-2 district. Site Located on the property is a single family dwelling unit with a detached two-car garage. The petitioner is proposing to construct a two-story addition which includes a two-car garage with living area above the garage. The existing two-car garage will be removed. The property is located a section of Buffalo Street the surrounding parcels Dwelling Unit. Analys is t the southwest corner of the inter- and Broad Avenue. The property and are all zoned R-1, Single Family Section 205.07.03.D.(i) requires a front yard setback of not less than 35 feet. Public purpose served by this requirement is to allow for off- street parking without encroaching on the public right-of-way and also for aesthetic consideration to reduce the building "line of sight" encroachment into the neighbor's front yard. The petitioner's existing house is 14 1/2 feet from the front property line. To correct this encroachment, the petitioner would need to reconstruct the house in a manner such that it would meet the required setback. The proposed addition would be 21 feet from the property line. The design of the addition is such that the stairway to the second story and part of the entry enters into the existing dining area. It is possible that the proposed addition could be moved to the south and redesigned slightly to accommodate Staff Report VAR #91-02, Vance Page 3 • rJ and Mary Nelson, 600 Buffalo Street N.E. the new location for the stairwells and entry. There does not appear to be any topographic or site conditions which would prohibit the petitioner from relocating the proposed addition to meet the setback requirement. Recommendation Staff recommends that the Appeals Commission recommend to the City Council approval of the variance to reduce the front yard setback from 35 feet to 14.5 feet for the existing condition. Staff recommends that the Commission recommend denial of the variance to reduce the front yard setback from 35 feet to 21 feet for the proposed addition, as the petitioner can meet the setback requirement. Appeals Commission Action The Commission voted unanimously to recommend approval of both variance requests to the City Council subject to the special use permit request. City Council Recommendation Staff recommends that the City Council concur with staff's recommendation to approve the variance request for the existing condition, but to deny it for a proposed addition. 5E rn � � � � � � � � s � rn �v r � � 'ANCE SURVEYING & ENGINEERING CO. vy. No. IOl Minnetoalv, MN 55315 Phone (612) 47� 7%t Fu (6l2) 474 8267 Y�4B; VANCE NELSON �p; January 10, 1991 EQ; January 11,1991 DESCRiPTION: ' i.20aa121. Bioelc Y, RIVERVIEW HEIGH'I'S, Moka Coumy. Minnaou. Nye � dnaibod prapn,,�.Yc. �Ae eMer e We� w u.. or.ppm. m o.n Gam,mbu {ware� rtoad� nyr«.�nb. m.� me eK.� e«� e r,n o.a �u� poPrny �. �a� .,oRe ot m� �a� e.► ee� m.a� ro anw+.� d�rre d li's Uoldlap. If �Aere 4 ary doub a�arnin� thr aevnry d tAe kpl Aacripian. aepneu kpl aormd fWN w pettam � Wk w�c6 w0 irue a Wk apidm far aur we Y pepuM� �hr wrver. We Yo� oely 1�we Yci qr c�i�m w«r r a«.Mch �e Vppea w 6aome �orc d �n�ou�h aher wurca. The wrvey ihow oay t6ae f Nki �R vfYEk Nd MiCA we deee hpdYnl. 4RD SYMBOI.� dc CONVENTIONS: x 1r71D pipc with plutic piu6 baring Sutc Loensc Numbcr 10535, sct, i('o' is filicd in, then und Iron monumcnt. ]CA710N: enif�• iha� this survcy was prc�nra! by mc or unOcr my dirca supervision and �hai I am � duly (�nd Survcyor undcr thc Laws of �hc Siaic of Minnao�a. ��__ OL � Parkcr R. S. 10535 E: ONE INCH EQUALS ZO FEET �� 0 � i... • , � � � . - � ■� Elewtion of doontll .� pt9.94 � �-. W �. � O4�t ? .2s� I �3O �� :. 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' ' . . . . i� � � . � I •� � . '^"��_ � 1� � � . . �, . !�/t.�� . , t. , � ' . i ` . �—�—�--.-��.- ' � . n �� _ �':`, . � a•v', : . ' � ' , , • � . • ,! . • � � ./ � ` � , ,' . , .: • l ,;,, . , • • � • � ,�'1 • '"""" ; ' � -, ' . , • . . . f .. / ,, . ' , 1 t.y' . . . I . � '. • ' . . . •� � .. , ., � y. � . ;` , s �i, 'J'+ . � . � - � � . . �. . ' . .. � . . . .. . ,•� . .. . . .. . � � . . . � � � G� � � . --._ I .�Q�-�._.4 ��' , .... . .._ � . _ _ _ . . . __- - - -- _ . - I�'vr-� � � -- �11� � , , . • 0 �.DVANCE SURVEYING & ENGINEERIN� CO. 530U S. Hwy. No. 101 Minnetonka, MN 55345 Phone (612) 474 7964 Fax (612) 474 8267 SURVEY FOR: VANCE NELSON SURVEYED: January 10, 1991 DRAFTED: January 11, 1991 LEGAL DESCRIPTION: � L.ots 13,19, 20 and 21, Block Y, RIVERVIEW HEIGHTS, Anoka County, Minnesota. LIMITATIONS: We hav�e surveyed the above describcd properry which the dient claims to own or appears to own trom various govcrnment records. «'e maL;e no reprrsentation that the client does in [act own the pcoperty nor that a scarch ot the mcords has been made to determine the extcnt and nature of his holdings. If thcre is any doubt concerning the accuracy ot the lega! description, compctent legal counsel should be retained to pcdorm a tide search and issue a title opinion for our use in preparing the survey. We show only those casements which the client in[orms us of or which we happen to become aw�are of through other sources. The survey shows only those imprrn�ements which are visible and which we deem importanL STANDARD SYMBOLS & CONVENTIONS• "o" Denotes 1/2" ID pipe with plastic plug bearing State License Number 1053�, set, if "o" is fillecl in, then dcnotcs found iron monument. CERTIFICATION: I hcreby certify that this survcy was prcpared by me or under my dircct supervision and that I am a duly Re�istered Land Surveyor vndcr the LawS of thc Statc of Minnesota. SCALE: ONE INCH EQUALS ZO FEET �.� < » -1 `�Y �,,� / _ __� 0 � . � � � , �I � � �-v- �.� ' .. -, _ 22.9 t_s� � I"' M o�� 00 Z� I: 'i_9 � � _." .--� . � ,,, �. . � � � �,_, , : � � ..� � . .� � • � �`v � � W � �Z LL -� o �W� N Q� � S. 89°59'33" E. --- 110. 00--- — Elevatian of doorsill = 819.94 i �. : .. , ;_� r ��_ �� '1.25' 0 J � 1 � ; � � , � ,..1 J, ' . � .. -. _ -�0.3�''" . I 4.� � ) �`-f •� c GARA�E ,.� N � � � ��y r---. : �'. } � �f � : � , 25 i , :a = �� r � � o� ; --_ ' o .. . �., � N ' i � , � : �� .-r ,.� � ¢. G A �- IIL-'i-_ �..' �. l- �L�' ;��;t..�t . ,-.� � . _� �- .� � � ._� � � , , ; � �--.� : , �n � ..,� cj N I �ti� N �ius��s� � � 1 �� li1 � a � Z v � Z JOB N0. 91002 Z .i : i A.D!VANCE SURVEYING c�i ENGINEERING CO. S.i00 S. Hwy. No.101 Minnetonka, MN 553�35 Phone (612) 474 7963 Fax (612) 474 8267 s�RVLY FOR: VANCE NELSON SURVEYED: January 10, 1991 DRAFTED: January 11, 1991 LEGAL DESCRIPTION: � Lots 1S,19, 2Q and 21, Block Y, RI�'ERVIEW HEIGHTS, Anoka County, M:nnesota. LIMITATIONS: We t►a�•e sun�eyed the above describect �ropern• which the cficnt clsims to own or appears io own from �arious government records. �Ye make ao repraentation that the client doa in fact own the property nor that a seareh of the rccords has been made to determine the cctent �nd nature ot his hoidin;s. lf thcre is any doubt concerning the accuracy o[ the legal description, competent legal co�nscl should be retained to per[orm a title search and issue a tiUc opinion [or our use in preparing the sucvey. We show oniy those caxmcn[s w�hich thc dirnt in[ocros us o[ or which we happen to become aw�are ot throu;h other sources. The scrvcy shows �niy those impro�•ements which are visible and which we deem impoRant. STAI�FDARD SYMBOLS & CONVENTIONS: "o' Dcnotes 1/2" ID pipc with plastic plug bearing State Licensc Number 10�35, set, if "o" is Glled in, then dcnotcs found iron monument. CERTIFICATION: I herebvi certif}� that this survcy �•as prepared by m� or under my direct supervision and that I am a dulv Rcgistcrcd Land Sun�cyor undcr thc LawS of thc Statc of Minncsota. nucl G. Parker R.L.S. 10535 �CALE: OI�TE INCH EQUALS FEET � ,.. < � �� .� .��; i �';...: . :_ � � �a.: , . en � � � •- � � �Y- ��r` � ..� 229 +5 V _ � _� �—M ��' 21.9 2� ,� , • , . ; � -•- _ 0 _ ( EL• 811,0�� . N W � �Z LL-�o �W� N �� r. __._.,._ 3. 9�59'33"-�.� . ; ;, ---� 1�.00--- � � ; � � levatian of doo iH � 819. ' ; �N . � ' , __. , � _..;,:.,,,.M.. , . � �: �F�vr_�aY • �+� ; `--� ( ,,,,� .4 •. �--.. � • Q � r� , . 0 . . ,� � ` � T . � - DLC.�K-.=- - � -� ,..� ' . � � � � ..• ..� � . 34. � • � � --• � � . --' : ; �n . �.i -..i N � � � . :� � ; � �� ; ! _ ; p � -� � J r? ;� �(7NC • °,yL/a�- si � � r .-., •._i . � , � �, ~ N N.89�57�29" W. ; i-.. � i .-•, �_: : . � �� i o= 0 00 -- N � t � n . � � W O a � Z v J OB N0. 91002 ., • • _., . .. �._�. . . - . � • IY � � _ •.� Y._-__'. _.� � � . � . .z_� . Ms . Savage stated she was c n lake and disturbing wetlan F alternative. This is a c i created by the petitioner. to be within the spirit of property. She would be incl ;erned also about movinq closer to the . She did not see this as a viable dition that was preexietinq and not ►he stated the improvements are going he code and will in fact enhance the �ned to qrant the variance. Mr. Kuechle stated he gener lly aqreed. Along the east side, maintaining the code there would be difficult. He is not particularly opposed to the 2 foot requirement on the north and simply giving up 8 parking spa es. It is an alternative. MOTION by Ms. Smith, seconded b Dr. Vos, to recommend approval of Variance Request, VAR #91-01, t reduce the hard sur�ovalfiofbthe from 20 feet to 15 feet and 10 eet, subject to app special use permit. IIPON A VOICB VOTE � ALL VOTINa l�YB, CHAIRPER801�T BAVAG$ DECLI�IRED T8S MOTION CARRI$D ONANIMOIISLY. MOTI N by Dr. Vos, seconded by Ms. mith, to recommend approval of Variance Request, VAR �91-01, to duce the driving aisle width from 25 feet to 20 feet and 22 feet for two-way traf �oval offthe 18 feet to 15 feet for one-way traff c,• subject to app special use permit. IIPON A VOICE VOTE, l�LL VOTINC� AYE, MOTION CARRIED IINANIMOIISLY. BAY'AQ8 DECLARED T8E Ms. McPherson stated the City Council ould consider this request and the special use permit request at their February 25, 1991, meeting. Dr. Vos asked if the parking lot is str Mr. Tempas stated the parkinq lot is at 9 f eet . at 10 feet. CONSIDERATION OF VARIANCE RE ST V �k91-02 BY VANCE AND MAlt� NEISO�i s Per section 205.07.03.D.(1) of the Fridley City Code, to reduce the front yard setback from 35 feet to 14.5 feet for an existing condition, and to reduce the front yard setback from 35 feet to 21 feet to allow the construction of a garage and additional living space, on Lots 18, 19, 20, and 21, Block Y, Riverview Heiqhts 5L � � �� APPEALB COIYII�I88ION MEETINa. FEBRIIl1RY 5 1991 p�Q$ 8 Addition, the same beinq 600 Buffalo Street N.E., Fridley, Minnesota, 55432. MOTION by Dr. Vos, seconded by Mr. Kuechle, to open the public hearing. IIPON A VOIC$ VOT$, ALL VOTINQ ]►YE, C8llIRP$RSON B7►VAQB DSCL�IRED T8B MOTION CARRIED l�ND T88 POBLIC 8El�RINQ OPE�T !1T 8 s OS P.M. Ms. McPherson stated the property is located at the southwest corner of the intersection of Buffalo Street and Broad Avenue. In addition to the variance request, the petitioner has also applied for a special use permit in order to allow construction in a flood zone. The property is zoned R-1, Single Family Dwellinq. Currently on the property is a sinqle family dwelling unit and a detached two-car garage. The petitioner is proposing to construct a two-story addition with a two-car qaraqe with laundry area, and storage on the first floor and bedrooms and bath on the second level. Ms. McPherson stated the current structure is nonconforming as it is 14.5 feet from the front property line at the shortest encroachment. The proposed addition would be at 21 feet. In analyzing the request, staff looked at the fact that the house could not be moved in order to conform to the 14.5 encroachment. However, in looking at the addition, staff felt there was perhaps some flexibility in that it could be redesigned to meet the 35 foot setback requirement. Staff recommends that the Appeals CommiBSion recommend approval of the variance to reduce the 35 foot setback to 14.5 feet for the existing part and to deny the request to reduce the setback from 35 feet to 21 feet for the proposed addition. Mr. Kuechle stated Broad Street is not open as shown at this location. Ms. McPherson stated it is a paper riqht-of-way south of Buffalo. The City has the right-of-way, but no street was ever constructed. Dr. Vos stated this technically is a corner lot and asked what the side yard setback would be in that instance. Ms. McPherson stated the side yard setback on that side would be 17.5 feet. Mr. Kuechle asked if there is a natural qrade there or if there is a dike. Ms. Nelson stated there is a dike. Because of the problems of designing a structure in a flood plain, she and her husband worked with a desiqner to conform as best they could to those requirements. There is a r�aturally wooded area on the property � • � �N. _ �• _Y�Y - . ,��` - � � s; � which includes almost all of Lot 21. There is a foot path that comes in 15 feet from the corner and that area is raised. The path goes throuqh to 79th Avenue. Dr. Vos asked if the existing qarage would be removed. Ms. Nelson stated it would. Dr. Vos asked where the 35 foot setback would be in comparison to the currently proposed 21 foot setback. Ms. Nelson stated that with a 35 foot setback, the addition would need to moved back 14 feet. Ms. McPherson stated this is correct. The proposed structure has approximately a 6 foot setback from the side of the existing structure. Ms. Nelson stated this house is the only house on that side of the street. There is a qarage to the west, but they do not own that property. Ms. Dacy stated there is approximately 60 to 70 feet between the structures. Ms. McPherson stated there is a fairly large chanqe in topoqraphy to the east in that area. Dr. Vos stated he would assume there is a dwelling across the street. What is the setback for that dwelling? Ms. Nelson stated these houses are not set back 35 feet. One garage is a few feet from the street, and the other two houses are approximately the same distance from the street as their house. Dr. Vos asked if Buffalo is a normal width street. Ms. Dacy stated Buffalo is a 40 foot right-of-way with 5 to 8 feet of boulevard. There is 20 feet from the center line to the property line. This area is a very old plat. Dr. Vos asked the petitioner for their view of the staff'B recommendation. Mr. Thomton, the designer, stated that in designing the home, the existing laundry would be remodeled to make a kitchen and breakfast area. This is an area where the Nelson's could look at the portion of the yard which is private and more aesthetic. In the addition, he has extended the west wall of the garage and cut off one corner at a 45 degree anqle to accomplish this. To put this further back would cut off the view. There were restrictions in designinq the � � �� lrPPEALB CpMMIBBION MBETINa. FEBRIIARY S 1991 PI�iGB 10 addition because of the flood plain. They cannot add livinq space on the ground level because of the flood plain requirements. Ms. Nelson stated they want space on that side of the lot which is aesthetically most pleasing, and they have tried to do as much as possible to have a view on this area. Mr. Thomton stated one of the arguments for the setback was that one could not park a car there. There is enough room to park a car in the proposed plan. Ms. Nelson stated another reason for the setback was line of Biqht. That would never affect them on that block, There cannot be anyone else building to the east, because there the a right of way. Adjacent is a private buildinq. On the other side is an area that floods every spring. There won't ever be any more building bacause they would have to raise the level of the road. Moving the addition would restrict the functionality of their home. In showing the diagram, it would take away from the living area because of the existing structure. Because of family circumstances, the space is needed as well as an open area to the kitchen. Dr. Vos asked how much more space would be added. Mr. Thomton stated the addition is approximately 30 feet by 36 feet or about 1,000 sq. ft. of living space. Ms. Nelson stated the natural state of the lot is very important to them. They do not want to take out any trees. She had spoken with neighbors and is aware of their feelings. The surrounding wooded part to the south would be kept in a natural state. They have been involved with action to the creek, Sprinqbrook Creek, including an annual meeting to help clean up the creek. There ie much interest to keep the area the same. One neighbor asked if they intended to do anything with the woods. She stated they want to keep that as is and wish to maintain the path which is publicly used. The area is enjoyed by many and they want to see it continue this way. MOTION by Ms. Smith, seconded by Mr. Kuechle, to clo�e the public hearing. IIPON � VOIC$ VOT$, �I+L VOTINO lIYE, CHAIRP8R80N SAVAaS DECLARBD TH8 MOTION CARRIED AND THB PIIBLIC HEARINQ CL08ED AT 8s15 P.M. Mr. Kuechle stated he was in favor of qranting the varfance as requested. If one looks at the site, there is minimal traffic so, although the street is narrow, off street parking is not critical. He did not think the visual impact on the neighborhood would be that great because there are no other houses to the east. There is little choice but to qrant the variance for the existing i • APPEALS COM�tI88ION ME$TING, F$BRIIARY 5�991 PAQE il structure. Denial of the second variance would require them to construct their home in an inconvenient fashion with little visual impact. Offsettinq will not improve that much. Since they are in a flood plain area, they cannot build livinq space on the ground level which reduces the number of options available. He would recommend approval. Ms. Beaulieu agreed. The front view of the proposed structure is aesthetically very nice and seems to be an improvement over what is there now. To make the petitioner push it back 14 feet would look odd. Dr. Vos stated the existinq structure would look out of place if it would be placed 14 feet back. He would be uncomfortable to have it that far back. With the flood plain problem and the hardship of that, he would have no qualms about voting to approve the variance. Ms. Savage stated this is a unique property in that qeneral area. She felt the petitioner was tryinq to make the best of the circumstances and felt this would be an improvement. Ms. Smith stated she would agree that the proposed changes would greatly improve the property. MOTION by Mr. Kuechle, seconded by Ms. Smith, to recommend approval of Variance Request, #91-02, to reduce the front yard setback from 35 feet to 14.5 feet for an existing condition, and to reduce the front yard setback from 35 feet to 21 feet to allow the construction of a garaqe and additional living space, subject to approval of the Bpecial use permit. IIPON A VOICI: VOTE � 1�iLL VOTING l�YE, CSAIRPERSON SAVlIa$ DSCL�iRED T8E MOTION CARRI$D �1QANIMOIIBLY. Ms. Dacy stated the special use permit would be considered at the February 21st meeting. Ms. McPherson stated the variance request and special use permit would be considered by the City Council at their March 4 meeting. OTHER BUS3NESS Ms. Dacy introduced Ms. Beaulieu e newly appointed member of the Appeals Commission. Ms. Beaulieu located on Mitchell Law has three ch: school. / Btated � / V J � ` She - two is an attorney in Fridley with an office and she teaches part-time at William and her family reside in Fridley, and �he children in college and one child in hiqh �P • 5 [� Community Development Department � PLANNING� DIVISION City of Fridley DATE: February 27, 1991 � /0,,. 1° TO: William Burns, City Manager �, FROM: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant SUBJECT: Variance Request, VAR #91-02, by Vance and Mary Nelson Attached is the staff report for the above-referenced request. The Appeals Commission, at their February 5, 1991 meeting, voted unanimously to recommend approval of the request to the City Council, subject to approval of SP #91-02. Staff recommends that the City Council concur with staff's recommendation to approve the variance request for the existing condition, but to deny the request for a proposed addition. MM/dn M-91-92 � � _ _ CITYOF FRIDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 •(612) 571-3450 • FAX (612) 571-1287 CITY COUNCIL ACTION TAKEN NOTICE March 6, 1991 Var�c� a�a i�ia�y Pve3scr: 600 Buffalo Street N.E. Fridley, MN 55432 Dear Mr. and Mrs. Nelson: On March 4, 1991 the Fridley City Council officially approved your request for a special use permit, SP #91-02, to allow the construction of a garage and additional living area in the CRP-2 (Flood Fringe) District, on Lots 18-21, Block Y, Riverview Heights, the same being 600 Buffalo Street N.E., with the following stipulations: 1. The addition shall be flood proofed in accordance with the requirements �f the building code. 2. An elevation certificate shall be completed and submitted to the City verifying that the second floor is ab�ve the 100 year flood elevation. 3. The petitioner shall sign and record against the property an agreement whic;h holds the City harmless for any equipment or materials lost from the addition. 4. The petitioner shall sign and record against the property an agreement whiah states that the shop area not be converted to habitable living area. Also, the City Council approved your request for a variance, VAR #91-02, to reduce the front yard setback from 35 feet to 14.5 feet for an existing condition, and to reduce the front yard setback from 35 feet to 21 feet, to allow the construction of a garage and additional living space, on Lots 18-21, Block Y, Riverview Heights, the same being 600 Buffalo Street N.E. 11� „� . Vance and Mary Nelson March 6, 1991 Page 2 If you have any questions regarding the above action, please call the Planning Department at 571-3450. Si ere , � Barbara Dacy, AICP Community Development Director BD/ dn Please review the return one copy to 20, 1991. noted stipulations, sign the statement below and the City of Fridley Planning Department by March 3l9/9i ��` �-v Concur ith ac n taken 1D , . . .. � STATE OF MINNESOTA COUNTY OF ANOKA CITY OF FRIDLEY In the Matter of a variance, VAR ��91-02 Mary �nd �lance Nelson pi,tper r � �3'714'7 CITY COUNCIL PROCEEDINGS VARIANCE The above entitled matter came before the City Council of the City of Fridley and Was heard on the 4th day of March , �g 91 , on a petition for a varianee pursuant to the City of Fridley�s Zoning Ordinance, for the folloWing described property: To reduce the front yard setback from 35 feet to 14.5 feet for an existing condition, and to reduce the front yard setback from 35 feet to 21 feet to allow the construction of a garage and additional living space on Lots 18 through 21, Block Y, Riverview Heights, the same being 600 Buffalo Street. IT IS ORDERED that a variance be granted as upon the folloKing conditions or reasons: Approved without stipulations. STATE OF MINNESOTA ) COUNTY OF ANOKA ) CITY OF FRIDLEY ) OFFICE OF THE CITY CLERK I, Shirley A. Haapala, City Clerk for the City of Fridley with and in f or 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 a�y oFfice, aud have found the same to be a correct and true transcript of the whole thersof. IN TESTIMONY WHEREOF, I have hereunto subseribed my hand at the City of Fridley, Minnesota, in the County of Anoka on the /�!I`f day of �T�_�J� , 19�1_. � DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, NIld 55432 � ��Q � SHIRLEY A. AAP6I.A, CITY ERK `� ��;� ��``nk ` `.� �';,, �+, ,$',• . " Variances are valid for a period of one year following approval and�,'�}a11 be ''•. s.•< considered void if not used �►ithin that period. '= 'y �`� • . `_ . � r s � r �,s�n�.:i-` � 4 ,' �� ; �,� � ,t � • • Councilman Fitzpatrick. Upon a v ice vote, all voting aye, Mayor Nee declared the motion carrie unanimously. 5. RECEIVE AN ITEM FROM �THE APPEALS COMMISSION MEETING OF FEBRUARY 5, 1991• A. VARIANCE REOUEST, VAR #91-02, BY VANCE AND MARY NELSON. TO REDUCE THE FRONT YARD SETBACK FROM 35 FEET TO 14.5 FEET FOR AN EXiSTING CONDITION, AND TO REDUCE THE FRONT YARD SETBACK FROM 35 FEET TO 21 FEET TO ALLOW THE CONSTRUCTION OF A GARAGE AND ADDITIONAL LIVING SPACE ON LOTS 18-21. BLOCK Y. RIVERVIEW HEIGHTS ADDITION, THE SAME BEING 600 BUFFALO STREET. N.E.: Ms. Dacy, Community Development Director, stated that this is a request for variances to reduce the required front yard setback from 35 to 14.5 feet for an existing condition and from 35 to 21 feet for a proposed two-story addition. She stated that it is staff's recommendation that the variance for the existing condition be approved, but to deny the variance for the proposed addition. Ms. Dacy stated that the Appeals Commission recommended approval of both variance requests. MOTION by Councilman Fitzpatrick to grant Variance, VAR #91-02, to reduce the front yard setback from 35 to 14.5 feet for an existing condition and to reduce the front yard setback from 35 to 21 feet to allow construction of a garage and additional living space. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 6. VARIANCE REOUEST. VAR #90-32 CORPORATION (TABLED 2125f91): Ms. Dacy, Community Development Director, state hat she has not heard from First Western Development Corporat' n regarding changes to the proposed site plan and recommend the Council postpone action on the variances until March 25, 991. MOTION by Councilwoman Jorgenson table this item to March 25, 1991. Seconded by Councilman hneider. Upon a voice vote, all voting aye, Mayor Nee declar the motion carried unanimously. 7. Mr. Hunt, Assis nt to the City Manager, stated that recently OSHA required cit' s and other employers to assess the risk to their employees the contraction of Hepatitis B. He stated that for those em oyees judged to be at risk, the City is required to offer them ccine at City expense. He stated that in reviewing the cos it would be over $200 for each person. � • FRIDLEY CITY COIINCIL MEETING OF MARCH 4. 1991 PAGB 14 Mr. Hunt stated that last December the City of Bloomington offe ed the services of their Health Department to conduct the immunizations. He stated that they buy the vaccine fro the Federal government and take care of the immunizations at rious clinics throughout the metropolitan area. He stated that e cost would be $140 per person. He stated that in order fo them to administer the vaccine the City of Bloomington wants a c ntract to hold them harmless. He stated that he would recommend e Council approve the agreement for these immunizations. MOTION by Councilwoman Jorgenson to authorize the City to enter into this agreement with the City of Bloomington f r administering Hepatitis B immunizations. Seconded by Councilma Schneider. Upon a voice vote, all voting aye, Mayor Nee declared he motion carried unanimously. 8. � MOTION by Councilwoman Jorgenson to ado t Resolution No. 27-I99I. Seconded by Councilman Schneider. Up a voice vote, all voting aye, Mayor Nee declared the motion ca ried unanimously. 9. RESOLUTION NO. 28-1991 ORDERIN IMPROVEMENT APP OVAL OF PLANS AND ORDERING ADVERTISEMEN F R B DS: SANI ARY SEWER RE AIR ROJE NO. 221 HACKMANN AU NUE : MOTION by Councilman Schneider to adopt Resolution No. 28-i991. Seconded by Councilwoman Jorg son. Upon a voice vote, all voting aye, Mayor Nee declared the otion carried unanimously. 10. _ MOTION by Councilwoma Jorgenson t Seconded by Council n Billings. aye, Mayor Nee decl red the motion 11. RESOLUTION N. 30-1991 AUTHORI FOR H CAP AL IMPROVEMENT FUZ OF FUNDS F OM THE CAPITAL IMPR THE 1990 TREET FUND: MOTION by C ncilman Schneider to Seconded by ouncilwoman Jorgenson. aye, Mayor ee declared the motion o adopt Resolution Nc Upon a voice vote, carried unanimously. adopt Resolution No Upon a voice vote, carried unanimously. �. 29-1991. all voting . 30-1991. all voting _ C�� F FRi DLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 •(612) 571-3450 • FAX (6i2) 571-1287 Au� Va� 60( Fr �� De2 ' Enc #3 on enc loc Man com r , ter Als con var you _ one Cou; If � con1 S in< Micr a M� Plar — . MM�G C-91 53'714`7 ��umerical� �rantor Grantee Recorded �- Checked_ Mar�in Tr, index_� OFlnCE C`-� �itP�;Y �'».�.� EiATE Of Aait3Ft��i�:�.. `v�8�it�{'1' t�`�'.' � I her2by c2�?";� th�� ,;e w�:i:�n �sYr�- meot v:2s t�3ea s� �:;s �� rc� recard � �e JUN 1 91991 ' ��.� }�., a�„ �;�� ciszl�j raoordoA ;�.� i a,wa�, s+aco�oer Bl+ ,�,,._ 6ov�Y CITY OF FRIDLEY 6431 UNIVERSITY AVE N E FRIDLEY MN 55432 I ,� , � � � �� j � i � � � � � � i - � � �� / / r � /` � � i ,� � � '�� • i � 1 's, � r � ti � '�� ' � � 1 � � ; s ►• l(�� 1 � ` ' � } . � , � , ' i , _ � � \ A 1� ' I � �./ 1 � I 1 � ; . � ( ' � ' ' . � � � :` ( / � �` � ' I � , � � � � - � � �� ' � �- �� I �, � i .� • � I� �� I t��`:��il:�(;.�� il , a � I 1 ' � � . � , � � ' � iP�►+l)C.'� � �-SO►� C� oO � U�"-f�-0 S�' ��( D C. �; 1 �'rt � S��f3�. `7d'b-3��9 C..X.J � • `� � e ____ 1 A i��J �-� 2�1 ��z 0 / � � � Community Development Department PLANNING DIVISION - City of Fridley DATE: February 28, 1992 � TO: William Burns, City Manager .1�� yl FROM: SUBJECT: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Request for an Extension for Special Use Permit, SP #91-02, and Variance, VAR #91-02, by Vance and Mary Nelson of 600 Buffalo Street N.E. We have received a request to extend the above-referenced special use permit and variance by Vance and Mary Nelson. The requests were approved by the City Council at the March 4, 1991 meeting, and therefore, they will expire on March 2, 1992. Staff recommends that the City Council extend the special use permit and variance requests for nine months, until December 4, 1992. This should give the petitioners adequate time to begin construction of the addition. MM/dn M-92-136 � FRIDLEY CITY COIINCIL MEBTING OF MARCH 2. 1992 PAGB 2 OPEN FORUM. VISITORS: There was no response from the audience under this item of business. NEW BUSINESS• � __ % 1. REQUEST FOR � � VARIANCE, VA STREET N.E.• � Ms. Dacy, Community Development Director, stated that the petitioners, Mr. and Mrs. Nelson, have requested an extension of their special use permit and variance. She stated that these permits were issued last year to allow the petitioners to construct a garage and living area. Ms. Dacy stated that the petitioners have requested an extension of the special use permit and variance to December 4, 1992 in order to complete their garage and addition. She stated that staff is recommending this request be approved. Councilwoman Jorgenson stated that Councilman Fitzpatrick contacted her earlier, and he stated that he would not be able to attend the meeting, but was in favor of this request. MOTION by Councilwoman Jorgenson to grant this request for an extension of Special Use Permit, SP #91-02 and Variance, VAR #91-02 to December 4, 1992. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 2. Mr. Pribyl, Finance Director, stated th Council had previously adopted a resolution for this orga ization supporting their application for a Minnesota lawfu gambling premise permit; however, they have undergone a name ange, and it is necessary for Council to adopt another resolutio . Mr. Pribyl stated that this or nization is currently undergoing a state-initiated audit. He tated that staff has conducted an investigation and determined hey are qualified for this type of license. Councilman Schneider ask d if this organization had filed the appropriate state repor under their previous name. Mr. Pribyl answered in the affirm ive. MOTION by Councilma Schneider to adopt Resolution No. 25-1992. Seconded by Counci oman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee de ared the motion carried unanimously.