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AF-V - 43248_ . _ __ � � CITY OF FRtDLfV -6431 1�11YERSITY Av�. � VARIAN� REQUEST FORM FRIDLEY, MN 55452 (6 i 2) 571-3450 • vnxiaxc� $ � b� VARIA1�iCE FEE�(O�-DD RE�:CEIPT #�_ :L� SCHEDULED APPEALS MEETING DATE PROPERTY INFORMATION �,,�� 5 ��s PROPERTY ADDRESS /"I q5� C�F�c� � /�e� � „�t--N �. � LEGAL DESCRIPTION: LOT �1,�_ BLOCK Z TRACT/ADDITION C�� /e�,�6� PRESEAiT ZONING ��S � OEN77A'C- VARIANCE REQUEST(S): Attaeh a plat or survey of the property shc�aing building, variance(s), where aPPlicable. F� '/,r V�Fft1I�N� t. 1Z�Q.�J�S'rf0 �=+�e�J'�y ,��AEi� SIQ�, �2o��r� Lr�-� Section of the Code: List specific hardship(s) which require the varianee(s): Wf NoOW �.€s.� / C�D�2r.J£2 Lc�-r -/3At-�c cJ� owN�.L �{uc�s � FA«S A s•D� �� N� T Ll �-o S� s �Ro � ` �£ W� ��- � FV,e�Ttf€ R- �RvH.- CW42 � �e��r�� •,��*�:��t��a�t��s�*�t*�+t��t�ts�t�r��t�t��t��r��t��rf��t��s��t�r�t�t�r�ts��tr�e* FEE OWNER INFORMATION NAME (please print) PHONE ADDRESS SIG NATU RE DATE Note to 'co��r��'i�'��r��+��+��'�i�°�i#��i+�i`�oi��f� ��#+��** PETtTtONER INFORMATI N W,��.,. �n � • CAe�-sar► NAME (please print) C�it.¢vc� /} - ae��N w�„/ PHONE '��'Z`��,2 z-- ADDRESS � �/ I�S �/�f I� P�fLCG �/L� � SIGNATURE DATE � �`� �*��f�r�*��#w#�ii�*sii��#it�f��i#��ss##�r��r��r��c��*�rf��ra*��+��r�#��+r*�#leltita�rltlt• APPEALS COt�iISSION: APPROYED DENIED DATE CITY COUNCIL: APPROVED DENIED DATE STI�JLATIONS: ► � � � The petitioner hereby understands that: 1. The City will notify all residents and owners of property within 200 feet of said property. 2. This appli.cation must be signed by aZl owners of the groperty, or an explanation given why this is not the case. 3. Materaial for submission of a variance include: * Scaled plan showing proposed property and/or buildings if applicable. Three full suzed copies and legible 8 1/2" x 11" reduction. * Sca�.ed preliminary {or final) landscape glan showing loeation•of existing vegetation to be saved and locations of new plant material. Species, species name (common or botanical), and condition of root ' (i.e. bared, balled and burlapped, etc). Three full size copies and legible 8 1/2" x 11" reduction. * Scaled preliminary (or final) grading and drainage pZan showing existing and propoed contours, detention/retention ponds, drainage swales, weirs, weir details, and run off quantities. Three full -size copies and legible 8 1/2" x 11" reduction. * Floor plans, full size and 8 1/2" x 11" reduction. * Building elevations, fuli size and 8 1/2" x 11" reductio�n. ' * Perspective shwoing how the proposal potentially looks in the surrounding area, full size and 8 1/2" x 11" seduction. : �B�k LOT' L��J� rt"N�►N N��sT' �'c�trS �-��6 N��.cc. �f Qt� c3 � „� i g �, , �� v��D�N6 �� Qv�sT all�e-�- £'�rs r�� ►�A-T c 0 � W cru� � L� K� Sc �� 4. � t N 1� w�e tc ��.F � � U i�4 t�1 � �R,4� �� Y�-� /� 14�� 4 7�0 �-v o�� o, �� c u � T F2vw� �eivs� y . rv�.osczv ►� ��- ( � «4 ee�� t =,` � i„��) � COMMISSION APPLICATION REVIEW � FILE NUMBER FILE DATE MEETING DATE FIL�F DESCRIPTION � v� #8g-05 CI1Y OF 15 4- 4- 89 5-9- 89 in�' Creek_ Park Lane N. E. FRlDLEY _ COMPLETE REVIEW CHECKLIST AND RETURN TO PLANNING DEPT. ❑ BARB D. COMMENTS MICHELE M. � �.e �� 2�� MARK � JJI� �, �,� ,��: JOHN F.�� ---- --- �ARR�L C. : C] CLYDE M. . EON IV�. s = / JIM H. s�3 �BO� a. � � G. oCawE�r, GL1.eC.J,� 3700 Fremont Ave. N. Minneapolis, MN 55412 612-521-3445 May 9� 1989 To Z,ilzom It May Concern; Regarding the application for a variance to build a porch on the home owned by 4dilliam Carlson and Carroll Brennan, 1495 Creek Park Lane. We, their neighbors, Chris and Mary Lawther, do not in any way oppose the granting of this variance to them. Due to other commitments on Tuesday evening May 9, lgs9, we are not able to attend th� hearing for this variance approval. Sincerely, �� , Chr�'s Lawther Mary Lawther 1472 66th Ave. N. E. Fridley, MN � U PUBLIC HEARING BEFORE THE APPEALS COMMISSION u Notice is hereby given that the Appeals Commission of the City of Fridley will conduct a Public Hearing at the Community Education Center at 6085 Seventh Street N.E. on Tuesday, May 9, 1989, at 7:30 p.m. for the purpose of: Consideration of a variance request, VAR #89- 05, by William E. Carlson and Carroll A. Brennan, pursuant to Section 205.07.03.D,(3),(a), of the Fridley City Code to reduce the rear yard setback from 25 feet to 13.8 feet in order to construct an enclosed 16 ft. by 16 ft. porch on property legally described as Lot 11, Block 2, Creekridge, the same being 1495 Creek Park Lane, Fridley, MN 55432. Any and all persons desiring to be heard shall be given the opportunity at the above stated time and place. ALEX BARNA CHAIRPERSON APPEALS COMMISSSON Note: The Appeals Commission will have the final action on this request unless there are objections from surrounding neighbors, the City Staff, or the petitioner does not agree with the Commission's decision. If any of these events occur, the request will continue to the City Council through the Planning Commission with only a recommendation from the Appeals Commission. Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. City Counci 1 Mer.i�ers City Manager Alex Barna, Chairpersari Appeals Cammission 56Q Hugo Street N.E. Fridley, NN William Carlson and Carroll Brennan 1495 C�'eek Park Lane N.E. Fridley, MMt�TT 55432 David Larson 1410 - 66th Aven� N.E. Friclley, NN 55432 Russell Japs 1422 - 66th Avenue N.E. Fridley, Mt�TT 55�32 Gary Braam 1436 - 66th Av�nue N.E. F'ridley, D%T 55432 Jack Krichen 1450 - 66th Avenue N.E. Fridley, NN 55432 Chris Lawther 1472 - 66th Avenue N.E. Fridle�, NN 55432 • �ling Date: 4/28/89 Ng�ILIlJG LIST FOR VAR # 89-05 - 1495 Creek Park Lane N.E. David Jedinak 6632 Arth� Street N.E. Fridley, NN 55432 Stephen Jackson 6616 ArtYi� Street N. E. Fridley, NN 55432 Roger Riebel 1475 Creek Park Lane N.E. Fridley, NN 55432 Rabert Traczyk �55 Creek Park Lane N.E. Fridley, NN 55432 Charles Ceyer 1425 Creek Park Lan.e N.E. Fridley, NN 55432 Clem Caverston 1424 Creek Park Iane N.E. Fridley, 1�N , 55432 Michael McCullough 1454 C�ek Park Lane N.E. Fridley, NN 55432 12onald Newport 6560 Arth� Street N.E. FYidley, NN 55432 Crai.g Wilken 6550 Arth� Street N.E. Fridley, NN 55432 Paul Johnson 1381 Mississippi Street N.E. Fridley, NN 55432 Arth� Demeyere 6620 Arthur Street N.E. Fridley, NN 55432 Barzy Laxson 6600 Anaka Street N.E. Fridley, NN 55432 Cczrtis Hagen 6611 Arthur Street N.E. Fridley, NN 55432 Graoe Stokes 6645 Arthur Street N.E. Fridley, NN 55432 Richard Ked�xaski 6584 Anoka Street N.E. Fridley, �T 55432 Bradley PQterson 6633 Arthur Street N.E. Fridley, NN 55432 Joseph Laconic Donald Klarkawski �-��d ��`'� 6644 Arthur Street N.E. 6560 Arthur Street N.E. 6561 Arthur Street N.E. Fridley, NN 55432 Fridley, NN 55432 �'ridley, �T 55432 � Mailing List - Page 2 VAR #89-Q5 1495 Creek Park Iane N.E. C.olin Cerrety 6573 Arth� Street N.E. Fridley, NN 55432 D�orah Wood 6583 ArtYiur Street N.E. Fridley, NN 55432 � � � � CITY OF FRIDLEY APPEALS COI�MISBION MFETINa, MAY 9, 1989 -----------------------------------------------------------•�--- CALL TO ORDERs Chairperson Barna called the May 9, 1989, App B CommisBion meetinq to order at 7:35 p.m. ROLL CALLs Members Present: Alex Barna, Diane S age, Jerry Sherek, Larry Kuechle ,�� Members Absent: Kenneth Vos Others Present: Barbara Da , Planning Coordinator Michele herson, Planninq Assistant Sue Jac son, 6616 Arthur Street N.E. Geor and Linda Colstrom, 6701 Quincy St. N.E. Che 1 and R. A. Stinski, 1612 Berne Circle J Pope, 2350 Dianna Lane, St. Paul ob Fox, 5212 W. 139th Street ��'Greqg Paschke, 13840 York Ave., BurnBVille Kathleen Phillips, 6240 Rice Creek Drive �OTION�I�Ms. Sherek, Beconded by Mr. Kuechle, to approve the April 25, 19C��, Appeals Commission minutes as written. 1. A VOICB VOTE, ALL VOTINa AYR, CHAIRPERSON 8l�RNA DECL�IR$D T8$ �N CARRIBD DNANIMOIISLY. Pursuant to Sec h on � :" . 03 . D( 3)(a) of the Fridley City Code to reduce the rear yard setback from 25 feet to 13.8 feet in order to construct an enclosed 16 ft. by 16 ft. porch on Lot 11, Block 2, Creekridge, the same beinq 1495 Creek Park Lane. O�g�,i by Mr. Sherek, seconded by Mr. Kuechle, to open the public hearing. IIPON Pi VOIC$ VOT$, 11LL VOTING ,4i7t$, CHAIRPBR90N B11RiTl1 D8CLi1RED T8a PIIBLIC BEARINa OPBN !�T 7t36 P.M. � i s�. !►PPEALS COMMIBSION MSETING. MAY 9. 1989 �a� Z Ms. McPherson stated this property is located in an R-1 Sinqle Family Residential District and is surrounded on all sides by R-1. She stated this ie a fairly new subdiviBion. The petitiane�r is requesting to construct an enclosed lb ft. by ib ft. porch over the existing patio. The petitioner is asking for the variance to be granted because of the fact that the back of their house faces the back of the windowless side yard of the property to the north, and they do not feel they would be visually encroachinq into ths neighbor's side yard. Ms. McPherson stated staff pointed out to the petitioner that if the building had been rotated 90 deqrees, there would have been greater lot depth for the rear yard and probably not a need .,for this variance. The petitioner has stated that the builder had recommended how the house should be placed on the �ite. Ms. McPherson stated staff is recommending the Appeais Commisaion deny the variance on the basis that it does qreatly reduce the separation between the house to the north and the house to the south. Staff is recommendinq the petitioner construct a ecr�+ened- in porch at the rear of the qarage which would meet code and would meet the need for outdoor recreation and entertainment gurposes. Ms. Jackson stated she is the owner of the windowle�s house to the north, 6616 Arthur Street N.E. She stated she is representinq the petitioner, William Carlson, who was unable to attend the meatinq because he was called away on an emergency just before leavinq for the meeting. She stated Mr. Carlson had asked her to request that if the Commission did not approve the variance, he would like tZ�is Commission to table it until the next meeting when he could bs in attendance. Ms. Jackson stated Mr. Carlson has polled the neiqhborhood, a�d no one has any objection to this variance or the construction of the porch. She submitted a letter from Chris and Mary Lawther, 14?2 - 66th Avenue N.E. , who stated they did not in any way oppo�se ;the grantinq of the variance. She stated she and her husband do nct obj ect, because the porch would face their side yard, and ti�ey have no real interest in their side yard. They do not use it. Ms. Jackson stated another significant thing about this area is it is wide open. All the neighbors' yards continue into each others, like one huge park. She would urge the Appeals Commiesion m�mbers to support this request. Mr. Barna stated he would be more comfortable waitinq until the petitioner could be at the meetinq as he had some questions about the construction. Mr. Sherek stated he had some problems with the site lines with the property to the west on Lot 12. • • � . . - . : • YIY : ; • rl�. `. C �..� . . : . � .z. t�'�� Ms. Savage stated in looking at the property, these are bsauti!'ul houses, but the area seemed quite crowded. She would be more comfortable tabling this item until the petitioner could be present. O O by Mr. Sherek, seconded by Ms. Savage, to table �ariance Request, VAR #89-05, by William E. Carlson and Carroli A. Bre�nnan, until the May 23, 1989, meeting. � IIPON A VOICB VOTB � 11LL VOTINO AYE, CBAZRPERSON 81�1A DECL�I.R�D �E MOTION CARitIED ONANIMOIISLY. 2. LINDA COISTROM: Pursuant to Secti to reduce the rea: allow the constru Brookview Terrace, ON by Ms. Savage, hearing. 205.07.03.D(3)(a) of the Fridley C3ty Code yard setback from 25 feet to 17 feet to t�on of an addition on Lot 12, Block 5, e same beinq 6701 Quincy Street N.B. by Mr. Sherek, to open the public IIPON A VOICB YOTB, ALL VOTINQ �►Y8, CBAIRPBRBON BAR�TA DECL�Rb'D 'l'BE PIISL2C 88ARINQ OPBN 71T 7t50 P.M� Ms. McPherson stated this prope y Family Residential District and is Currently on the site is the house, The petitioners are proposing to bui would encroach into the rear yard Buildinq Inspector, the addition kitchen window. is located in an R-1 Single rrounded on all Bides by R-l. two car garage, and a q�zebo. a 14 ft. by 22 ft. addition etback. Accordinq ta the u not cover the existinq Ms. McPherson stated staff i� recommendin the Appeal� Commission deny the variance on the basis that the a ition does reduce ths separation between buildinqs and the amou t of available qreen space in the back yard. The neighbor to the �t does not have any additions on the site. If there was an addi 'on to the east, it would reduce the space from 50 feet to 42 feet. Ms. McPherson stated staff is recommending the pe itioner consid�r constructing a smaller addition (14 ft. by 14 ft. ) hich would ��eet code and still have fairly ample size for use as a amily room. Mr. Kuechle stated he did not understand why the peti ioner is not allowed to close off the kitchen window. Ms. McPherson stated it is a Building Code requirement. � CITY OF FRIDLEY � l�iPP8AL8 COMMI88ION iaEETINQ, J�NE 13, 1989 --------------------------.._............_....-----------------f--------- � •;� Chairperson Barna called the June 13, 1989, ppeals Commission meeting to order at 7:33 p.m. $OLL CALL: Members Present: Alex Barna, Dia Savage, Larry Kuechle, Kenneth Vos Members Absent: Jerry Others Present: Barbar Dacy, Planning Coordinator Mich e McPherson, Planning Assistant Jo Robertson, Community Development Director ane & Elizabeth Furgason, 288 Mercury Drive ervin & Eveline Herrmann, 278 Mercury Drive Robert & Donna Tomczak, 999 Overton Drive Mike McPhillips, 291 Sylvan Lane Spencer & Gay Minear, 1291 Gardena Avenue OM TION y Dr. Vos, seconded by Ms. Savage, to approve the May 23, 1989, ppeals Commission minutes as written. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERBON BARNA DECLARED THS MOTION CARRIBD IINANIMOIISLY. 1. B • CONS RA ION O V CE WILLIAM E CARLSON AND CARROLL A. BRENNAN: � � y' Pursuant to Section 205.07.03.D.(3).(a) of the Fridley City Code to reduce the rear yard setback from 25 feet to 13.8 feet in order to construct an enclosed 16 ft. by 16 ft. porch on Lot 11, Block 2, Creekridge, the same being 1495 Creek Park Lane. � At the petitioner's request, this item remained on the table. • � s�� CITY OF FRIDLEY APPEALB CO1�iMI88ION MEETING, JOLY 18, 1989 ----------------------------------------------------------------- CALL TO ORDER• Chairperson Barna called the July 18, 989, Appeals Commission meeting to order at 8:02 p.m. ROLL CALL• Members Present: Alex Bar , Diane Savage, Jerry Sherek, Ken Vo Members Absent: Lar�l`v Kuechle Others Present: �Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant William Carlson, 1495 Creek Park Lane J. Guy Reithmeyer, 1809 Northwestern Ave. Stillwater, MN MOTION by Dr. Vos, seconded by Ms. Savage, to approve the June 13, 1989, Appeals Commission minutes as written. IIPON A DOICE VOTE, ALL VOTING AYE, CHAIRPER30N BARNA DECLARED T$E MOTION CARRIED IINANIMOUSLY. 1. TABLED: CONSIDERATION OF A VARIANCE REOUEST. �� 3�3��::v�3�r''� Pursuant to Section 205.07.03.D.(3).(a) of the Fridley City Code to reduce the rear yard setback from 25 feet to 13.8 feet in order to construct an enclosed 16 ft. by 16 ft. porch on Lot il, Block 2, Creekridge, the same being �z��;.;#��vY�� _ Lane . Public Hearing Open. MOTION by Ms. Savage, seconded by Mr. Sherek, to remove VAR #89-05 from the table. OPON A VOICE VOTE, ALL VOTINC� AYE, CHAIRPERSON BARNA DECL�RED THE MOTiON CARRIED IINAN=MOIISLY. � • • APPEALS COMMISSION MEETING. JZJLY 18, 1989 PAGE 2 Ms. McPherson stated this item was first before the Appeals Commission on May 9. Because the petitioner could not be present, it has remained on the table since that meeting. Ms. McPherson stated this is a corner lot, and it is in an R-1, Single Family Residential District. The petitioner is proposing a 16 ft. x 16 ft. enclosed three season porch which would require a rear yard variance from the required 25 feet to 13.8 feet. Ms. McPherson stated staff is recommending denial on the basis that a variance would greatly reduce the separation between the petitioner's house and the single family house to the north. Also, the house is oriented toward the long side of the lot, therefore creating a short lot depth which leads to an encroachment of the proposed porch. Ms. Savage stated that because of the corner lot situation, if the back yard was considered a side yard, would a variance be required? Ms. McPherson stated if the rear yard was the side yard, then a variance would not be needed because the required side yard setback is 10 feet. Ms. McPherson stated a 35 ft. front yard setback is maintained on the Creek Park Lane side, leading staff to believe the Creek Park Lane frontage is the front yard. Ms. Savage stated that later in the meeting the Commission will be considering an ordinance amendment to change the required rear yard setback on corner lots from 25 feet minimum to 10 feet minimum. If this amendment is approved, then a variance would not be required. Ms. McPherson stated that is correct. Dr. Vos stated that in the staff report, staff is suggesting that a 9 ft. by 24. ft. addition can be constructed to the rear of the garage without a variance. Ms. McPherson stated this alternative is not as appealing as what the petitioner is reguesting because of access to the house, but it is a potential alternative. The petitioner would still have the concrete patio for recreational purposes. Ms. Savage asked the peti�ioner's opinion of the alternative suggested by staff. Dr. Carlson stated if he did not get the variance, he probably would not construct a 9 ft. by 24 ft. porch. For one thing, they would have to access the porch by either going outside the house or going through the garage. Their family room is on the north � � • APPEALB COI+QiI88ION MEETING, JOLY 18. 1989 - PAGE 3 side with access through the patio door to the concrete patio. They would like to remove the patio door and put in French doors to the porch from the family raom. Also, 9 feet is not very wide. He did not know how truly functional a porch of those dimensions would be, other than just for some chairs. There is also a mature tree in the back yard, and an addition off the garage would come very close to that tree. Dr. Carlson stated Sue Jackson, 6616 Arthur Street, the immediate neighbor to the north, and other surrounding neighbors do not have � any objections to this variance and the construction of the porch. Mr. Sherek stated he is a little concerned about the sight lines for the neighbor on Lot 12. Ms. Savage stated that viewing the property from Arthur Street, the back yard looks crowded now. M�TION by Mr. Sherek, seconded by Dr. Vos, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BARNA DECLARED THE PUBLIC HEARING CLOSED AT 8:20 P.M. Mr. Sherek stated that, in general, he does not like houses close together. He likes open space and sight lines. The fact that there is a hardship in the way the property and house were arranged was not enough to convince him to vote in favor of the variance. However, the fact that the neighbor to the west who is the most affected by this addition does not object and the fact that the Commission will be considering some changes in the ordinance for rear yard setbacks on corner lots made him more inclined to vote in favor of the variance. Dr. Vos stated if the change to the ordinance had been done before this petitie��, the variance would not be needed. Also, the neighbor tc��:;.�e north has no sight line problems, and there are no windows on the south side. He stated this is not his favorite place to put a three season porch, but Yie will vote in favor of the variance. Ms. Savage stated her first impression when visiting the property was that the houses are very crowded, which is not the petitioner's fault. In view of the fact that staff is recommending an ordinance change, it did not make much sense to deny this variance request. She, too, would vote in favor of the variance. Mr. Barna agreed. In this situation, he sees the hardship as the fact that the builder oriented the house with the frontage on Creek Park Lane. If the house was turned and fronted Arthur Street, then this would be the side yard, and there would not be 51 • � APPEALS COMMISSION MEETING, JIILY 18. 1989 - PAGE 4 any problem. He stated he is in favor of the variance. However, because of staff objection, this item will go on to City Council for final action. O IO by Mr. Sherek, seconded by Ms. Savage, to recommend to City Council approval of variance request, VAR #89-05, by William E. Carlson and Carroll A. Brennan, pursuant to Section 205.07.03.D.(3).(a) of the Fridley City Code to reduce the rear yard setback from 25 feet to 13.8 feet in order to construct an enclosed 16 ft. by 16 ft. porch on Lot 11, Block 2, Creekridge, the same being 1495 Creek Park Lane. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BARNA DECLARED THE MOTION CARRIED IINANIMOUSLY. � Ms. Dacy stated this item will go to the City Council on August 14, 1989. 2. TABLED: Pursuant to Section 14.09.O1.B of the Fridley City Code to increase the square otage of a free-standing sign from 24 square feet to 40 squ e feet on Lot 1, Block 1, Grace High School Addition, the ame being 1350 Gardena Avenue N.E. (Totino Grace High Scho ). Ms. McPherson stated the petit MO ION by Mr. Sherek, seconded b record a letter dated July il, Commission members and a letter neighbors of Totino Grace High Sch was not at the meeting. Ms. Savage, to receive into the � 989, addressed to the Appeals 'th a survey addressed to the 0 1 dated June 22, 1989. IIPON A VOICE VOTE, ALL VOTING AYE, CH IRPERSON BARNA DECLARED THE MOTION CARRIED IINANIMOUSLY. Ms. Dacy stated staff will contact the etitioner, and the item should remain on the table. 3. REITHMEYER (CORTRON CORPORATION): Pursuant to Section 205.18.03.C.(1).(a) o Code to increase the required maximum lo to 47$ to allow the construction of add manufacturing and office space on Lot 7, E Estates Second Addition, the same being N.E. the Fridley City coverage from 40� tional warehouse/ �pck 2, East Ranch B�.�S Ranchers Road MOTION by Dr. Vos, seconded by Mr. Sherek, to op� the public hearing. �� GTYOF FRlDLEY DATE: TO: C4l�/IMI,iNITY DEVELOPMENT` DEPARTMENT M EMO RAN D UM July 20, 1989 Q �'1° William Burns, City Manager �- FROM: Jock Robertson, Community Development Directar Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant SIIBJECT: Variance Request, VAR #89-05, by William Carlson Attached please find the staff report for the variance request, VAR #89-05, to reduce the required rear yard setback from 25 feet to 13.8 feet. The Appeals Commission unanimously voted to recommend approval of the variance. Staff recommends the City Council deny the request on the basis that it would reduce the separation between buildings and reduce the available green space. MM:ls M-89-422 � n - � � 5A � STAFF REPORT APPEALS DATE July 18, 198� CITY OF PLANNNNNG COMMISSION DATE F�RIDLEY CITY COUNCIL DATE Auqust 14, 1989 AuTHpq M1K/ls REQUEST PERMIT NUMBER vaR #89-05 APPLICANT William Carlson and Carroll Brennan PROPOSED REQUEST xeduoe the required rear yard frc�m 25 ft, to 13.8 ft. to allaa the construction of a 16 ft. x 16. screened-in por LOCATION 1495 cxeek Park Lane SITE DATA SIZE DENStTY N/A PRESENT ZONING �-1, Single Family 1�esi�ntial ADJACENT LAND USES 1�1, Single Fanily Resiclential surraunding all sides � ZONING UT�.Ci'�S PARK DEDIEATION N/A aNA��rsi� FINANCIAL IMPLICATIONS N/A CONEORMANCE TO COMPREHENSNE PLAN Yes • COMPATIBILITY WI7H ADJACEN7 USES & ZONqVG Yes ENVIRONMENTAL CONSIDERATIONS : N/A STAFF RECOMMENDATION Denial APPEALS RECOMMENDATION : Approva]. PLANNING COMMISSION RECOMMENDATION • � 5s Staff Report VAR #$9-05, 1495 Creek Park Lane Page 2 A. PUBLIC PURPOSE SERVED BY REQUIREMENT: '-Q� C. Section 205.07.03.D.(3).(a) requires a rear yard depth of not less than 25% of the lot depth with not less than 25 feet permitted or more than 40 required. Public purpose yard space to neighborhood buildings. served by this requirement is to provide rear be used for green areas which enhance the and provide adequate separation between STATED HARDSHIP: 1. Corner lot - back of owner's house faces windowless side of next closest property; request will be further from lot line than nearest existing neighbor by 3 ft. 8 in. 3. The building request is over existing patio. 4. Would like screened-in back porch open to avoid difficulty from dense mosquito and foliage). ADMINISTRATIVE STAFF REPORT: Request to back yard area area (Rice Creek The petitioners, William Carlson and Carroll Brennan, are proposing to construct a 16 ft. x 16 ft. screened-in porch over their existing concrete patio on Lot 11, Block 2, Creekridge, the same being 1495 Creek Park Lane. The porch would encroach into the rear yard by 11.4 ft., reducing the required rear yard setback from 25 feet to 13.8 feet. Analysis The house is located at the intersection of Creek Park Lane and Arthur Street. The house fronts Creek Park Lane, utilizing the shorter 95 ft. depth. If the house fronted Arthur Street, the' depth of the lot would have been great enough to include the proposed addition. The proposed addition would be 23.8 ft. from the windowless wall of the neighbor to the north. Staff Report VAR #89-05, Page 3 • 1495 Creek Park Lane Recommendation Staff is recommending that request, VAR #89-05, to redu feet to 13.8 feet, because th close to the neighbor's side addition to the rear of the meet the ordinance and th concerning mosquitoes. Appeals Commission Action s the Appeals Commission deny the ce the rear yard setback from 25 e proposed addition would be too yard. A 9 ft. x 24 ft. screened garage could be constructed to e petitioner's stated hardship The Appeals Commission unanimously voted to recommend approval of the variance. City Council Recommendation Staff maintains its position that the addition would reduce the separation between buildings and the available green space. There are also other alternatives that would allow the code to be met; therefore, staff recommends the Council deny the variance request. 5C • 3, T. 30, R. 24 �R/OL EY 3 NN�q /3 so .�y�-:,�+--r�a-r�r � 16 I� 18 (19 (dJ E ' � e ' P(��' Y � 3 5 � ��'� . N� � s '. 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MINN. 33101 �;" ) /`� 1� �.�/=��1� �'�' (_,c,� , I he�eby certify that this survey was prepared by me and #hat I am a duly Registered Land Surveyor under the laws of the State of Minnesota. � 1_""_' Reg. No. 9051 Date: �O°°�'°� 4, �� _ /�o . ,Go c, /17a� /o, /��6 , ,- 3� . ... ____ `V �: � ' ti 37. 3 - — z��— ' � � �ZJ�. �8 '� � I , � 1 n ,� ,,,� � ( � � I � , j tN ,,,� T tii � �e.. 5.�l8 3�i3 � ''�� (11 1 � / §. � �'+ ;•. ,I11.o o y I ' \ � N `h, � 2 y.o I C O 0`1 � ^ �� ° .� C N � � 1p� � I� I .' � •� ,o � � � : _.._ q .z.� z . � 1 o a 2 .3 � � � ti , � � ' '. , h �^ , � �� : Scale s 1" = 3�' � �- ,1� �00 o� � p � 3 �'� Uf. /,fy �E's.� � -/ - - � — ', , — t� �to o � ( 2. 32 '` . Z3 a��'� Q� � �4 � .� ; ARK �,��K� I _ Cj� o Indicatea iron monument placed �o � yf. • - � L A NE LoL 11, Block 2, Cr2EEKRIDGE� �ncica I"iinnesota. N. E. i i i ' � � _ � �� • c . �' � -�• . � ; �' I r �a � � S ._ �>_ �4NING MAP • � 5F � RON�LD F. �IEYER LAND SIIRQEYOR LAND 3uRVtYtWG Su�O1v�s1oN D[lIGN T[�srNON[ 771.a�ed 063 JESlIS $T. " $T. PAUL. MINN. 3.�101 I hereby certify that this survey was prepared by me and that i am a duly Registered �and Surveyor under the laws of the State of Minnesota. � r"" Reg. No. 9051 Date : Novesber 4, 1984 �o . Le c. /YI a� /� /9� I � � � -'ti 37.3 - 1 � � � ►� ` °` 1 -:. r" �s � , e 1 `'� ,s.: v � -� �, C �V : ..... �, i 1 q .z 1 `'' � ' � �n � I� � � I� Scale: 1" = 30 • � ' � �_ �16 �00 , �zs y8 �_-- +�, 3�3 _ z��- �r � I � � � '�� I � � � N - ,Y� ��I , � C 0 2 yo � 0 � l � � �'{, ?�'� � � ` ?f. 7 � o `1 �v � N � 2 .3 ') I 1 � v� � /O �'� Ufi/�ffl'`iE1�� I - �� — t� y�10 G2. 32 '� � Z3s �4 s 4� l i �a.� yl'...- .- �� , K � ARK L A NE R��_ � C/ , o Indicatea iron monument placed Lot 11. Block 2, CrZEF�CRIDGE. Anoka Iiinnesota. � 30 � � ^ ') 1 � � jo �l ^ � Q� � N E. S ITE PLA IV " �-��/� � � CITY COUNCIL ACTION TAKEN NOTICE August 16, 1989 William Carlson Carroll Brennan 1495 Creek Park Lane N.E. Fridley, MN 55432 Dear Mr. Carlson and Ms. Brennan: On August 14, 1989 the Fridley City Council approved your request for a variance, VAR #89-05, to reduce the rear yard setback from 25 feet to 13.8 feet in order to construct an enclosed 16 foot by 16 foot porch on Lot 11, Block 2, Creekridge, the same being 1495 Creek Park Lane N.E., with the following stipulations: None. If you have any questions regarding the above action, please call the Planning Department at 571-3450. Sincerely, Barbara Dacy Planning Coordinator Please review the noted stipulations, sign the statement below and return one copy to the City of Fridley Planning Department by August 30, 1989. Concur with action taken. . . . . , STATE OF MINNESOTA COUNTY OF ANOKA CITY OF FRIDLEY In the Matter oP a variance, VAR �i89-05 ��'�24 CITY COUNCIL PROCE�DINGS William Carlson and Carroll Brennan , Owner VARIANCE The above entitled matter came before the City Council of the City of Fridley and was heard on the 14th day of August , 19 89 , on a petition for a varianee pursuant to the City oF Fridley�s Zoning Ordinance, for the following deseribed property: To reduce the rear yard setback from 25 feet to 13.8 �eet, to allow the construction of an enclosed 16 foot by 16 foot porch, located on Lot 11, Block 2, Creekridge, the same being 1495 Creek Park Lane N.E. IT IS ORDERED that a variance be granted as upon the following conditions or reasons: See City Council minutes of August 14,.,1989. 1' STATE OF MINNESOTA ) COUNTY OF ANOKA ) CITY OF FRIDLEY ) � OFFICE OF THE CITY CLERK I, Shirley A. Haapala, City Clerk for the City of Fridley with and in for said City of Fridleq, do hereby cartify that I have compared the foregoing eopy and Order granting a variance with the original record thereof preserved in a�}r oPfice, and have Pound the same to be a correct and true transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at �he City of Fri ey, Minnesota, in the County of Anoka on the %6 �� day of , � 9 -��.. D TED BX: City of Fridley 6431 University Avenue N.E. Fridley, NIld 55432 � � �. � C� �_ SHIRLEY A. APALA, CITY ERR Variances are valid Por a period oP one year following approval and .�i�al� b� ;''`„� ' considered void if not used within that period. '�`�� ' . , .. . ,. � :y�,. ' , �.;��(" . 4. e^i � , �'►78tlL�/�.i� . '.; � . . , . . , � , ,� FRZDLBY CITY COIINCIL 1SEETING OF ��GIIST 14, 1989 p�G$ 8 5. ITEM FROM THE APPEALS COMMISSION MEETING OF JULY 18 1989: A. �ONSIDERATION OF A VARIANCE REOUEST. VAR #89-05 TO REDUCE THE REAR YARD SETBACK FROM 25 FEET TO 13 8 FEE IN ORDER TO CONSTRUCT AN ENCLOSED 16 FOOT BY 16 FOOT PORCH ON LOT 11. $LOCK 2 CREEKRIDGE THE SAME BEING 1495 CREEK PARK LANE N E BY WILLIAM CARLSON AND CARROLL BRENNAN: Ms. Dacy, Planning Coordinator, this is a request to reduce the rear yard setback from 25 feet to 13.8 feet in order to construct an enclosed 16 by 16 foot porch at 1495 Creek Park Lane. She stated the Appeals Commission recommended approval of the variance, however, staff is recommending denial as there are other alterna*_ives ko meet the requirements of the code. Councilman Schneider asked about the status of the recommendation to change the Zoning Code concerning corner lots. Ms. Dacy stated this recommendation would be presented to the Planning Conunission at their meeting this Wednesday and will be brought to the Council at the meeting on August 28. Councilman Schneider stated if the Zoning Code is changed concerning corner lots, this variance would not be required. Ms. Dacy stated she did feel the existing code is too restrictive as far as setbacks for corner lots, however, staff is submitting their recommendation based on the code as it now exists. Dr. Carlson stated he wanted the variance in order to construct a screened in porch. He stated if the house had been constructed in a different direction (fronting on Arthur Street), he probably would not be facinq this problem now. Dr. Carlson stated the home next to him has no windows which would face this porch and the property owner has no objection to the variance. He stated because of the bugs and mosquitoes in Minnesota, he wished to have the enclosed porch. Councilwoman Jorgenson stated she did not feel a 9 by 24 foot porch would be as beneficial as a 16 by 16 foot addition. She stated she personally did not have a problem and this is the reason for reviewing the ordinance regarding the setbacks for corner lots. Councilman Schneider stated the neighbors cancur with this request and it makes good sense, but the hardship may be more difficult to ascertain. He stated if there is a change in the ordinance, this becomes a non-issue. He felt it would be consistent to grant the variance. MOTION by Councilman Schneider to concur with the recommendation � of the Appeals Commission and grant Variance, VAR �89-05, to reduce � � } �x3uY�� CITY COIIIdCIL 1rISETINa OF l�OQDBT 14. 1989 B1�►G$ 9 the rear yard setback from 25 to 13.8 feet for the construction oP an enclosed 16 by 16 foot enclosed porch. Seconded by Councilwoman : Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. S• �ORPORATION• 0 Ms. Dacy, Planninq Coordinator, stated this request is for a variance to increase the lot coverage from 40 to 4 percent to allow the construction of additional warehouse and o ice space at 78�� Rancher's Foad. She stated the petitioner pla to expand the building by adding another 7,700 square feet. s. Dacy stated staff has identified �two alternatives to the va iance. She stated the current 21,000 square foot builciing occupi 35 percent of the lot coverage. She stated one alternative wa to only add half of the space or construct a two story ad tion with warehouse facilities on the first floor and offices n the upper level. She stated because of these alternatives, st f is recommending denial of the variance. Ms. Dacy stated the Appeals Commiss' n felt the proposed addition would be consistent with the ' tent of the ordinance and recommended approval with five s pulations which she outlined. Mr. Guy Reithmeyer stated the mpany needs the warahouse space and a smaller addition or a two story building would not meet their needs. He stated the parki on the site is well in excess of what is needed. He stated add' ional landscaping will be provided and a retention area to reli e pressure on the existing storm drainaqe system. Councilman Billing asked if Cortron was the owner of this property. Mr. Jerry Pitts one of the owners, stated Cortron Corporation does own the proper y. Mr. Herric , City Attorney, stated he felt this was a significant variance d if it was qranted, it would set a precedent and make it diff' ult for the Council to deny similar requests in the future He stated Elo Engineering had an almost identical request vhich as denied. Mr Herrick stated if the Council feels they want to change the dinance to allow more than 40 percent lot coveraqe, the staff ould review it. � ,F S"��'7�A'� Numerica�� Grantor Grantee Recorded Checked Margin � Tr. lndex�,� t� tff CoUxTir s�r�s TiATE � tAitdN�TN. t�U�lS�f QF ANOK11 i hereby ceRity that Yhe within instro- tnent was iilsd ir► this oY�ce t�c recoM � F�►fi � 1 '� 199Q `�o'cioc�., an� �faas d�iy rssecrded j�� " r� �� r GCU!f.y F1fiC[;S9t � By ¢-' �ri CITY CLERK CITY OF FRIDLEY 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 _ _ CITYUF FRtDLE,Y FRIDLEY MUI�TICIPAL CENTBR • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 •(612) 571-3450 • FAX (612) 571-1287 CITY COUNCIL ACTION TAKEN NOTICE August 16, 1989 william Carlson Carroll Brennan i'��ic J.J Cl CC11 I'G71 l� LC�11� IV .%• Fridley, MN 55432 Dear Mr. Carlson and Ms. Brennan: On August 14, 1989 the Fridley City Council approved your request for a variance, VAR #89-05, to reduce the rear yard setback from 25 feet to 13.8 feet in order to construct an enclosed 16 foot by 16 foot porch on Lot 11, Block 2, Creekridge, the same being 1495 Creek Park Lane N.E., with the following stipulations: None. If you have any questions regarding the above action, please call the Planning Department at 571-3450. Si erel , L �� Barbara Dacy Planning Coordinator Please review the noted stipulations, sign the statement below and return one copy to the City of Fridley anning Department by August 3 0, 19 8 9. .�..._.�., � � Concur with action taken.