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M�'. rr . ._�� /'1 April 6, 1993 City of Fridley 6431 University Ave NE Fridley, MN 55432 Attn: Scott Ericksan Engineering Dept. Dear Sirs: i"�, TOM AND BARB FISHER 5477 E. DANUBE RD. FRIDLEY, MN 55401 �" �� r D� " V" CA �J"� y � � �� `' l I am writing in regard to two vacant lots across the street from my residence at 5477 E Danube Rd. I had previously discussed this matter with Mr. Erickson on April 5, 1993. I thought it would be wise to put my comments in written form to preserve them for your and my use. I h.ave lived at my present address since 1978. Initially Y was told by my builder that the lots across the street were not buildable because of city ordinances and DNR restrictions since the lots contained a pond used by wildlife and constituting at wetland area. I also understood that the lots served a drainage function for the entire neighborhood and a major drainage pipe runs from that lot under East Danube Road and along my lot into Farr Lake. I understand that over the years, the owners, Keith Harstad, his sons, and/or other nominees have attempted to sell the lots and/or build on the lots. About two or three years ago, Harstad moved considerable amounts of fill dirt onto the lots from excavations on other homes he was building nearby. Portions of the wetland area were filled in and I and my neighbors anxiously called the city. At that time we were tol d that , whi 1 e a certain amount of fi 11 had been al l owed to be pl aced on the 1 ot , there had been a considerabl e amount over that placed on the lot. The city forbade further filling of the pond and so for three years we have looked at mounds of dirt lying on the lot. We were told that Harstad was supposed to move the dirt off the lot but of course he never did so. We were told that there had been unauthorized dumping on the lot but all the trucks I ever saw dumping were trucks we followed back to a Harstad building development a mile or so away. Now I have been told by a contractor that he is going to buy these lots from Harstad. He showed me a plat map that indicates a 20' drainage easement behind one of the lots and a 40' drainage easement behind the other lot. He also told me that nothing prevented him from filling the swamp and/or excavating it and / � i' � 9 ^ � eliminating all of the standing water entirely. He acknowledged he would have to leave the contours to allow drainage into Farr Lake across the street. He told me he planned to leave the water on the 40' easement but I must say he did not feel he had to do this. He showed me the plan of a home he proposed building. This home would barely fit on the lot with the 20' easement and would come up directly on the easement lines on one side and in the rear. He said the home would occupy the area that now contains water. I have several concerns. They are as follows: A. Will and can the City guarantee me that alteration of a major nature such as is proposed will not cause more groundwater pressure on my foundation and possibly cause me to have�water problems which I do not now have? How will the City make sure that drainage easements are protected and properly mainta,�ined? B. We have also been told by builders that soil tests showed that any home construction would require sinking posts to support the house foundation and such effort would make the lot and home too expensive. I was.told by the prospective builder that new soil tests were going to be made. I don't know if he has seen the old ones, or been told about them, but why would anything have changed? I think the City should look verv carefullv at any new soil tests that suddenly show facts different than old tests. I am not interested in having a half-built home that sits idle because of water problems and soil problems that should have been foreseen. C. What about the wildlife that uses this area? What about DNR protection? What about the City's, County's and State's needs to balance development against environmental protection? I believe that the history of this lot is such that no one, in 1977, ever seriously thought they would or could build on these lots. D. What about the noise and dirt that accompanies construction projects and is not expected in well established and completed neighborhoods? E. What about the lengthy period of neglect of these lots and the illegal dumping on the lots? When will this be cleaned up? The present owners of these lots have never cared about City regulations and neighborhood well being. They only cut the weeds and stopped filling when it was demanded. Why should we believe anything they tell us now? I wish to be advised of any permits issued by the City regarding these lots. I want the City to protect all of legal rights available to me so I may raise my objections to plans for development of these lots before such plans are approved. I wish to be notified as to whom I should call if I have further concerns regarding these lots. Finally, as a citizen and taxpayer of the City, I expect the City to only issue permits for construction on this property after the City has fully examined the history of the lots, the soil tests, both current and historical, and the � y _ • . /�1 �"� potential water problems development and well established neighbors. If I assistance I will gladly do whateve help in this matter. Yours truly, C. Tom Fisher might cause for surrounding can be of any further help or r the City feels I should to ,. S� � /� CITY OF FRIDLEY 6431 UNIVERSITY AVENUE N.E. FRIDLEY, MN 55432 't (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT VARIANCE APPLICATION FORM PROPERTY INFORMATION - site plan required for submittal; see attached Address: 5470 and 5490 E. Danube Property Identificati.on Number (PIN) R2 4-3 0-2 4-4 2-0 0 8 0 & R2 4-3 0-2 4-4 2-0 0 81 Legal description: Lots 5 and 6, Block 2, Innsbruck North 2nd Addition Lot Block TracdAddition Current zoning: S i ng 1 e Fam . Re �quare footage/acreage Reason for variance and hardship: To minimize impact on wetland and provide mitigatian area . Section of Ciry Code: Have you operated a business in a city which required a business license? Yes No x 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 Purchasers: Fee Owners must sign this form prior to processing) NAME Keith T. Harstad ADDRESS 2191 Silver Lake Road New Brighton, MN 55112 DAYTIMEPHONE 636-3751 SIGNATURE i�� %� � /� > DATE � ��e 0 �� e ��A-& T PETITIONER INFORMATION ` NAME Paul W. Harstad ADDRESS 2191 Silver Lake Road Brighton, MN 55112 SIGNATURE DAYTIME PHONE 6 3 6-3 7 51 DATE !'�a' i�i �9 Fee: $100.00 $ 60.00 � for residential propeities Permit VAR # 9-� . Receipt # 1� I$ Applica.tion received by: Scheduled Appeals Commission date: Scheduled City Council date: E � a K � M � � � a c a a O a E N 0 �o . �o cmc �o � m M �O � c O -.mi O � XA � m S ., �N� � � w C .� y+�+� ,� m U '� O � �p � � w G� U �3�,� � � m 6 � 'DUmC m � 3„�� mm�ro ,� A � �� m � N � C � � �y o a a av w m � .� • y � � W .i O Y >� M � O V `� ro a � yo "� m 0 a 1° ti M � � V O U � N m �a d b � m 0+ {.I � m i� � m . .� � �y 'O � � �� 3� � MA �O a a°� o � 0.,. 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N O -•aiLA� .L � L� U C .Y .� NV�U � A Om� W E �"� N n � � �o n m U w N 0 m e �°r M � m •� n, L A H � � A A a '° m w � � U U d m m m a � .�i N fa � m m 'o 0 0 O w � � N O N M v�i � a a vM .ri +� +i M � v � m H � m s�i � .0 m N m O U m ai .� m w 0 L :. m N a v %�1 O � � � c m � b� C a +1 'O i�i .-�i � m ro °c � +i M � � U m H b m � �r o � o vm �' °i � 41 Ha � U U m � •�, n. a F � M m .-�t C C "i � � .i c m m w aa�a � ro m m o w o O pa, p m ,mq U m m� � m L�i 7 .-�i � � � •��i O a za z z.c xm �1 �.1 �I > v +i v - � � ��------� /� /� CITY OF FRIDLEY COMMIBSION APPLICATION REIVEW ------- - ----_______________________ __� — =_ -_______= File Number File Date Meetinq Date 17 4-29-94 5�24-94 ----- -----------------_------------------------ ------------------------ File Description: -n� ��+-a4 i 5470 & 5490 East Danube Road Front yard variances -------------------- Complete Review Checklist and Retttrn To The Community Development Department ✓ Barbara D. � Michele M. `{' Scott E. � � ��7 John F. John P. Clyde M. Leon M. *** Comments *** � VI� v�e�-Ea v�c.e.ever-�( �Qa.t¢� i� �� . �K,� �, . � Q 1.1� �I-� 1�.,�s � �. � � �awi�ta,� (� S�" 5�9� w+� � 1 �'� i . (�.�ev+P.�-11- a�-- ' c�� ,�-. � � � ��, � � � � � � � �dr � �.� � �s�i �` � � �� L�/% � �i< <'hc f � � / _ /,/ -�i%�� ncc t� �J evc0�.�,1t La7��.. � Sc� v e_�� /i�t�a/c-cr,�, , � -� .�_� � �-, G�,��.r., c�_� �/ �. �!/ (�c n�Csir�c.� /-�-� fCs ..��xt �.�l� �y �� -� ' . � �� f �� i s-� ' ,( V Dave S . '� Dick L. � 'S�' �� %'�'� PIIBLIC 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, May 24, 1994, at 7:30 p.m. for the purpose of: Consideration of variance request, VAR #94-04, by Paul Harstad: Per Section 205.07.03.D.(1) of the Fridley Zoning Code, to reduce the front yard setback from 35 feet to 20 feet on Lot 6, Block 2, Innsbruck North 2nd Addition, the same being 5470 East Danube Road N.E.; Per Section 205.07.03.D.(1) of the Fridley �Zoning Code, to reduce the front yard setback from 35 feet to 25 feet on Lot 5, Block 2, Innsbruck North 2nd Addition, the same being 5490 East Danube Road N.E.; To minimize wetland impact and allow the construction of two single family homes. 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 May 17, 1994. VAR #94-04 ^MAILING LIST Paul Harstad 5470 & 5490 E. Danube Road Paul Harstad Keith Harstad 2191 Silver Lake Road 2191 Silver Lake Road New Brighton, MN 55112 New Brighton, MN 55112 Stanley Cihak 1406 W. Danube Road NE Fridley, NIN 55432 David Olsen Margaret Hume 5457 E. Danube Road NE Fridley, MN 55432 Michael Holly 1417 W. Danube Road NE Fridley, MN 55432 Thomas Fisher � 5477 E. Danube Road NE Fridley, MN 55432 Roger Harmon 5498 W. Danube Road NE Fridley, MN 55432 susan Williams 5568 W. Danube Road NE Fridley, MN 55432 Bryan Steppe 5528 W. Danube Road NE Fridley, MN 55432 Alexander Gonsalves 1406 W. Danube Road NE Fridley, MN 55432 Richard Sworsky 1411 W. Danube Road NE Fridley, MN 55432 E. W. Fuerstenberg 5516 Regis Drive NE Fridley, MN 55432 Boyd Henderdorf 5467 E. Danube Road NE Fridley, MN 55432 Jeanine Olds 5468 W. Danube Road NE Fridley, MN 55432 Dennis Lemke 5548 W. Danube Road NE Fridley, MN 55432 Steve Mackenthun 5502 W. Danube Road NE Fridley, NIN 55432 ��Mailed 05/13/94 James Jensen 1410 W. Danube Road NE Fridley, MN 55432 Thomas Forsberg 1404 W. Danube Road NE Fridley, MN 55432 Amir Mangalick Shankutal Devendra 1415 W. Danube Road NE Fridley, MN 55432 Walter Ballard III 5497 E. Danube Road NE Fridley, MN 55432 LeRoy Corgard 5495 W. Danube Road NE Fridley, MN 55432 Mary Adams 5588 W. Danube Road NE Fridley, MN 55432 Conrad Rummel 5538 W. Danube Road NE Fridley, MN 55432 Roger Hertel 5501 W. Danube Road NE Fridley, MN 55432 Allen Messerli Joyce Christie Nault Virgil Lindstrom 5505 W. Danube Road NE 5535 W. Danube Road NE 5555 W. Danube Road NE Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Mailing List VAR #94-04 Page 2 Robert Peifer 5575 W. Danube Road NE Fridley, MN 55432 Christopher Menon 5564 E. Danube Road NE Fridley, MN 55432 Patricia Freeburg 5557 E. Danube Road NE Fridley, MN 55432 Roman Zawnirowycz 5527 E. Danube Road NE Fridley, MN 55432 Michael Kittenski 5511 Matterhorn Dr NE Fridley, MN 55432 � Donald Johnson 5595 W. Danube Road NE Fridley, MN 55432 David Schulte 5554 E. Danube Road NE Fridley, MN 55432 Russell Duncan 5587 E. Danube Road NE Fridley, MN 55432 Edward Otremba 5567 E. Danube Road NE Fridley, MN 55432 Diane Savage 567 Rice Creek Terr. Fridley, MN 55432 n Edward Smith 5584 E. Danube Road NE Fridley, MN 55432 Glenn Furnier 5544 E. Danube Road NE Fridley, MN 55432 Jerome Junquist 5547 E. Danube Road NE Fridley, MN 55432 Richard Erickson S. K. Mayer 5525 Matterhorn Dr NE Fridley, MN 55432 City Manager City Council I � � � �� ,�� Community Development Department PLa�NG D�SION City of Fridley DATE: June TO , 1994 yQ� TO: William Burns, City Manager ��/ FROM: 3IIBJECT: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Variance Request, VAR #94-04, by Paul Harstad, 5470 and 5490 East Danube Road The Appeals Commission reviewed the variance request at its May 24, 1994, meeting. The request is in two parts: (1) to reduce the front yard setback from 35 feet to 20 feet for 5470 East Danube Road; (2) to reduce the front yard setback from 35 feet to 25 feet for 5490 East Danube Road. The petitioner has requested the variances in order to reduce the impact to the wetland located on 5470 East Danube Road. The Appeals Commission voted unanimously t request to the City Council. Staff has no the variance request. Attached to th Council's information is a list of front from 1986 to 1993. MM:ls M-94-276 o recommend denial of the recommendation regarding e Staff Report for the yard variances granted - r"� i� � _ s S TAFF REPURT Community Development Department Appeals Commissian Date May 24, 1994 Planning Commission Date City Council Date June 20 ,�994 APPLICATION NIIMBER: ♦ VAR #94-04 PETITIONER• ♦ Paul Harstad for Keith Harstad LOCATION• ♦ 5470 and 5490 East Danube Road REOIIEBT• ♦ Reduce the front yard setback from 35 feet to 20 feet (5470 East Danube Road). Reduce the front yard setback from 35 feet to 15 feet (5490 East Danube Road). The petitioner has also applied to the City for approval of a wetland replacement plan per Section 205.27 (O-4 Wetland Overlay District) of the City Code. The subject parcels are located near the intersection of East and West Danube Roads, east of Matterhorn Drive and South of North Innsbruck Drive. They are zoned R-1, Single Family Dwelling and meet the minimum lot area and lot width requirements of the district. The petitioner gave the following hardship: "To minimize impact on wetland and provide mitigation area.�� BACRGROIIND: ♦ In 1991, the Legislature passed the 1991 Wetland Conservation Act. The Act reqtiires "no net loss" of wetlands. Any wetlands that are drained or filled must be replaced. The Act requires "sequencing" of wetland impacts, and requires that persons wanting to drain or fill a wetland explore all methods to avoid wetland impact, including variances to the local zoning requirements. - The petitioner does not intend to construct the dwelling units himself, but would sell the lots with any stipulations required by the City. � ^ /"� Staff Report VAR #94-04, 5470 Keith Harstad Page 2 ANALYSIB: and 5490 East Danube Road, by Paul Harstad for 5490 East Danube Road (Lot 5� ♦ Section 205.07.03.D.(1) of the Fridley Zoning Code requires a front yard setback of not less than 35 feet. Public purpose served 3�y 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. Located on the subject parcel is a Type 4 wetland. Filling of a portion of the lot was authorized by a 1986 land alteration permit. At the May 18, 1994, Planning Commission, neighbors testified that illegal dumping of fill occurred in 1992. The Planning Commission requested the City to investigate potential enforcement action. The petitioner is requesting a variance on this lot in order to "blend" the proposed dwelling at 5470 East Danube with the existing dwelling at 5544 East Danube Road which is located to the north of this lot. The dwelling to the north of the subject parcel is located at the 35 foot setback and is located 20 to 30 feet from the side lot line. The dwelling to the south of the subject parcel, if granted a variance, would be 5 feet in front of the proposed dwelling, however, the subject parcel is wide enough that the dwelling could be placed farther north on the parcel to mitigate this impact. Stipulations If it is determined that the lot has been properly filled, denying the variance would not deny the petitioner the ability to build a home on the property, meeting the 35 foot setback. The wetland area would not be affected as well. If the variance is granted, the City would be acknowledging the petitioner's request to provide a"transition" of setbacks between the-lot to the south and the existing home to the north. If the City approves the variance request for Lot 5, the following stipulations are recommended: . �, - � - � � Staff Report VAR #94-04, 5470 Keith Harstad Page 3 and 5490 East Danube Road, by Paul Harstad for 1. A building permit shall not be issued until the City has completed its investigation and possible enforcement action regarding filling of the lot, 2. Prior to the issuance of a building permit, the petitioner shall submit a soils report and analysis by a structural engineer certifying the stability and strength of the soils. 3. The petitioner shall receive a permit from the Rice Creek Watershed District prior to issuance of a building permit. 5470 East Danube Road (Lot 6Z ♦ Section 205.07.03.D.(1) of the Fridley Zoning Code 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. Located on the subject parcel is a Type 4 wetland. This wetland has not been filled to the same extent as the adjacent parcel that was also part of the 1986 permit. The wetland covers approximately 500 of the lot. If the requested 15 foot variance is granted, the variance would reduce the impact to the wetland by 900 square feet (1900 vs 2800 square feet). The petitioner would be required to create 3800 square feet of wetland to replace that which will be filled. The petitioner's replacement plan proposes to create 2500 square feet of wetland. With the reduced impact created by the variance, the replacement would still not meet the 2:1 ratio required by statute and ordinance. The petitioner needs to revise the size and shape of the dwelling to further reduce the impact of the wetland and meet the intent of the O-4 regulations. The petitioner could reduce the size of the dwelling to 30 feet by 50 feet. Placed at the 35 foot setback, approxi- mately 450-800 square feet of wetland would need to be filled. This could be replaced by the proposed replacement plan. The petitioner would meet the R-1 and O-4 regulations. 14C _ _ _ -- l°"� ,� Staff Report VAR #94-04, 5470 Keith Harstad Page 4 and 5490 East Danube Road, by Paul Harstad for A 20 foot setback will provide an area to park cars in front of the garage. Because the subject parcel is located on a curved street, there is a 13 foot boulevard along East Danube Road. The impact of the variance on the adjacent dwellings is reduced. The dwelling to the south of the subject parcel faces West Danube, therefore, no site lines would be impacted. The dwelling to the north would be five feet or slightly behind any proposed dwelling on this parcel. In recent years, the City has granted front yard variances to 22, 17.5 and 13 feet. These requests are within previously granted variances. Stipulations• ♦ If it is determined that the lot has been properly and legally filled, granting a variance to avoid wetland impacts would not be contrary to the intent of the code, because it helps to avoid wetland impacts. Denying the variance does not eliminate the use of the land, because a smaller dwelling size could be constructed on the property and meet the requirements of the O-4 district. If the Commission chooses to recommend approval of the request to the City Council, staff recommends the following stipulations: ' 1. 2. A wetland replacement plan meeting the 2:1 replacement requirement for any wetland impact over 400 square feet shall be approved. A building permit shall not be issued until the City has completed its investigation and possible enforcement action regarding filling of the lot. 3. Prior.to the issuance of a building permit, the petitioner shall submit a soils report and analysis by a structural engineer certifying the stability and strength of the soils. 4. The petitioner shall receive a permit from the Rice Creek Watershed District prior to issuance of a building permit. APPEALS COMMISSION ACTION: ♦ The Appeals Commission voted unanimously to recommend denial of the request to the City Council. 14D VAR ��94-04 �, �"'Paul Harstad � Q �� , •:� � �,r � l'D`'�n � �.�.•q:: ,a�: �, J ��(�� ,� ' � p�'��'• r ►A� �.�� s �I�} � .�,er.� � %► w � ��l � ,1�� • �. 1 �- � .r l�P �� 1 �"� l4� I^;� �'� ' '�`� (�� j �/ � �;�r � /("j r �� R ,, ..; , y - r,;..:. � a a. � � � N Iw��'' ? � �� 't � �-I � ''�'s-� �A� .. . � � '. �*' +- � � ��, , r .� . ' -• ��a 'r � � � '� '¢� � � � , . y f• -� (hl � � `l� s � �;- �� i (y`� ►�- � �-�''""� �,`''' l� °'o"r•ai �� ,�" ��V7ii �Z` � �(4� � ,�� r i . ° ' . s � � l �• �,, ;�'' �. ,� .� G �'1 �''�•q• �y .1Q `�l '1 1 �. ` +. '4 �' `- ` (({... •i,�•�, , N� a � _ � L � � � � �� L b � � .� �� . � � ( /� '� .� �1 q: ,� �2� � tl , '�� ,� � '� ��1� .. � L(a)+ �� ..-y �� .� � � lf � �:` d ip� � � ��,�� tP-. 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' '`•�: _' s � h � b '<=::�;: •�•:: � +to4 � '� � ? �. ° •�.. � ' I� �� / �;� ��/ �5 ", � .0 9 ,ph. , I � � �os:4 °�° e�%� ♦ �� GJ(ro 0o;`n \ / V � o /+102.6 / � �o�� "` � ° . � � � 7 Red Ooks � JJ" � / � �tT � k � y � � � �I �y�1 �� ..� 7 � . ��' i Na rF's : DR � f / � ,2 /'oa% Co�/our� ii�/�i✓o/ /lsavm<� i��ifico/ O%.�y � , — Dcoa�'�.s Existii�y Ceir/o�i /O(,' � � +1j5•J'I- �'�Denot��' P.-oPes�d ce�fe�. � �� Oeno%s P/oPo,sed E/rvot�v.� �oea � / �BQ� rS9. f/� pJ� iyBT/ho' /D pe- �'��GY / � .:.—;� D.�o%,r S.//r F.��c Lot 5& 6, B/ock 2, •'�'nnsbruck No�th 2nd Addition, Anoko County, Minnesota. SITE PLAN - - - . �"�, April 29, 1994 Michele McPherson, BLA Plarming Assistant City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 Re: Front setback variance and wetland replacement plan Lots 5 and 6, Block 2 Innsbruck North 2nd Addition Dear Ms. McPherson: /"'� This letter is sent along with an application for a variance as we discussed on the telephone on Apri128, 1994. The purpose of the front setback variance is to reduce the impact on the wetla.nd by moving the house pad on Lot 6, Block 2 forward as far as the City will allow. Consequently this variance request should be considered in conjunction with the Wetland Replacement Plan submitted on April 14, 1994. Variance To minimi�e impact on the wetland, Harstad Companies proposes a front setback vaxiance of fifteen feet on Lot 6. This would result in a home tha.t is at least 35 feet from the curb and is still well within the property line. Wetland impact would be reduced by a total of 900 square feet, for a total impact of 1,900 square feet. Harstad Companies also proposes a setback variance on Lot 5 of ten (10) feet. The purpose of this variance is to improve the curb appeal of both lots, so that one home is not set back significantly farther from the other. This would also create a nice transition to the eausting home to the North. (Please see the enclosed grading plan which shows the proposed setbacks on each of the three lots, including the existing one to the North.) Harstad Companies would agree to an even larger setback for both lots if the City prefened. 141 - - - �""� Pad Dimensions and Square Footage � You also requested information regarding the square footage of the proposed homes to be built. Included with this applica,tion are two different floor plans, both of which could fit onto either lot. Cunently, neither lot ha.s been sold to a builder, since no one is sure what type or size home can be built. However both of these homes were designed specifically for these lots and neighborhood. Both are split levels with no full basement. The home with a three car garage is 1,283 squaxe feet, requiring a building envelope 51 feet wide by 48 feet deep. The floor plan with a two car garage is 1,628 square feet, with a total building envelope 54 feet wide by 48 feet deep.. The home with a two car garage is sketched onto the enclosed grading plan and the wetland replacement plan in a reverse ima.ge. Harstad Companies no longer builds homes; we are strictly developers. Consequently we cannot commit to any particular floor plan. Perhaps what is more relevant is that the City establishes the maximum dimensions for a future home on Lot 6. That way when we correct the soil, we will know what size house pad to build, and when we sell the lot, we will inform the builder of a11 appropriate restrictions. Harstad Companies proposes a house pad on Lot 6 that can accommodate a home 56 feet wide by 50 feet deep. In addition, we propose a deck in the back, built on standard pier footings, that is no more than 12 by 12 feet. The rear footings of the deck would have to be placed in the wetland to minimi�e filling of the wetland; or instead the area under the deck could be included in the replacement plan. A third alternative would be to allow some sort of elevated floating patio. Please note that the each of the two floor plans submitted show patio doors (assume a 12 foot deck) in different area.s, and that one deck would not extend from the building pad by a full 12 feet (due to a jog along the back of the home}. The point here is that it is extremely important to have room for a minimum-sized deck or patio; without one, the lots are not salable. Please consider this as an addendum to the Wetland Replacement Plan and as a request for a setback variance as discussed. Specifically: 1) A 15 foot setback variance for Lot 6 Block 2 2) A 10 foot setback variance for Lot 5 Block 2 Please place this on the next available agenda and let me know if I can be of further assistance. Sincerely, HARSTAD COMPANIES A � fi'=' �.sr �J. �`� � Paul W. 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GIRGI.� PINEB, Mf1�1660TA Registration No. 9BD� 66mid-3626 7EL '186-6666 Variance # VAR #86-01 VAR #86-27 VAR #86-28 VAR #86-34 VAR #87-14 VAR #87-16 VAR #87-28 VAR #87-30 VAR #87-31 VAR #88-12 VAR #88-23 VAR #89-16 VAR #89-21 VAR #90-13 VAR #90-15 VAR #90-16 VAR #90-17 VAR #90-22 VAR #91-02 VAR #91-09 VAR #91-11 VAR #91-12 VAR #92-09 VAR #92-14 VAR #92-16 �"1 �, FRONT YARD VARIANCES GRANTED 1986 - 1993 Address 6715 Ashton Avenue 105 - 71 1/2 Way 5330 - 4th Street 537 Fairmont Street 5200 Lincoln Street 565 Cheri Lane 5660 Arthur Street 6133 Woody Lane 7231 East River Road 5201 Pierce Street 6405 Van Buren Street 7110 Riverwood Drive 590 Kimball 5treet 5720 Polk Street 590 Kimball Street 110 - 64 1/2 Way 6420 Alden Way 6850 Brookview Drive 600 Buffalo Street 5218 Matterhorn Drive 570 Ironton Street 405 - 57th Place 5096 Hughes Avenue 991 - 67th Avenue 6700 Anoka Street 14N Variance Granted 35 ft. to 9 ft. 35 ft. to 25 ft. 35 ft. to 14 ft. 35 ft. to 26 ft. 35 ft. to 25 ft. 35 ft. to 16 ft. 35 ft. to 28 ft. 35 ft. to 25 ft. 35 ft. to 25 ft. 35 ft. to 15 ft. 35 ft. to 26 ft. 35 ft. to 30 ft. 35 ft. to 29 ft. 35 ft. to 18 ft. 35 ft. to 23 ft. 35 ft. to 34.31 ft. 35 ft. to 21 ft. 35 ft. to 31 ft. 35 ft. to 14.5 ft. 35 ft. to 29.5 ft. 35 ft. to 21 ft. 35 ft. to 14 ft. 35 ft. to 29.5 ft. 35 ft. to 17.5.ft. 35 ft, to 21 ft. � Front Yard Variances Granted 1986 - 1993 Page 2 Variance # VAR #93-08 VAR #93-13 VAR #93-18 VAR #93-22 VAR #93-24 VAR #93-31 VAR #93-32 VAR #93-32 Address 180 Liberty Street 6810 - 7th Street 5831 W. Moore Lake Dr. 275 Ironton Street 71 - 63 1/2 Way 7536 Tempo Terrace 102 - 71st Way N.E. 7095-99 Hickory St. � �� /`\ Variance Granted 35 ft, to 34 ft. 35 ft. to 32.7 ft. 35 ft. to 31.3 ft. 35 ft. to 8.2 ft. 35 ft. to 22 ft. 35 ft. to 30 ft. 35 ft. to 28.44 ft. 35 ft. to 31 ft. - �., � � Ms. McPherson stated this item wi go to City Council on June 20, 1994. 3. CONSIDERATION OF VARIANCE REOUEST VAR #94-04 BY PAUL HARSTAD• Per Section 205.07.03.D.(1) of the Fridley Zoning Code, to reduce the front yard setback from 35 feet to 20 feet on Lot 6, Block 2, Innsbruck North 2nd Addition, the same being 5470 East Danube Road N.E.; Per Section 205.07.03.D.(1) of the Fridley Zoning Code, to reduce the front yard setback from 35 feet to 25 feet on Lot 5, Block 2, Innsbruck North 2nd Addition, the same being 5490 East Danube Road N.E.; To minimize wetland impact and allow the construction of two single family homes. MOTION by Mr. Kuechle, seconded by Dr. Vos to waive the reading of the public hearing notice and open the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE� CHAIRPERBON SAPAGE DECLAR�D THE MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 8:30 P.M. Ms. McPherson stated this is a two-part variance request. Two vacant parcels are involved, and both are located near the intersection of East and West Danube Roads, east of Matterhorn Drive, and south of North Innsbruck Drive. The southerly lot is called 5470 East Danube Road, and the northerly lot is called 5490 East Danube Road. The variance request on the 5470 parcel is to reduce the front yard setback from 35 feet to 20 feet. The variance request on the 5490 parcel is to reduce the front yard setback from 35 feet to 25 feet. Both parcels are zoned R-1, Single Family Dwelling. Ms. McPherson stated the petitioner has also applied for the approval of a wetland replacement plan in compliance with Section 205.27 which is the recently adopted O-4 Wetland Overlay District of the Zoning Code. Ms. McPherson stated that in 1991, the Legislature passed the 1991 Wetland Conservation Act. This Act requires the "no net loss" of wetlands and requires that any wetlands that are drained or filled must be replaced. The Act also requires that a landowner or petitioner intending to fill or drain a wetland must go through the sequencing of wetland impacts and requires a person to explore any and all methods to avoid wetland impact including variances to local zoning requirements. Ms. McPherson stated the petitioner is not intending to construct a dwelling on either lot, but would sell the lots with any stipulations required by the City. 14P � � APPEAL3 COMMISSION MEETING. MAY 24, 1994 PAGE 13 5490 East Danube Road, Lot 5 Ms. McPherson stated the variance request is to reduc yard setback from 35 feet to 25 feet. A Type 4 wetlan� on this parcel. The City authorized the filling of � the lot in 1986. Many of the neighbors testified at 1994, Planning Commission meeting that illegal dumping 1992. The Planning Commission has requested staff to any potential enforcement action. e the front i is located portion of the May 18, occurred in investigate Ms. McPherson stated the petitioner's request for the variance is to "blend" the proposed dwelling unit at 5470 East Danube Road with the existing dwelling at 5544 East Danube Road north of the subject parcel which is located at the required 35 foot setback. Ms. McPherson stated the dwelling at 5544 East Danube Road is located at the 35 foot setback and approximately 20-30 feet from the side lot line. If a variance is granted, a dwelling on Lot 6, or 5470 East Danube Road, would be five feet in front of the proposed dwelling. This would negate the differences in the setbacks between the three dwellings. Ms. McPherson stated that if it is determined that the lot has been properly filled, denying the variance would not deny the petitioner the ability to build a home on Lot 5 meeting a 35 foot setb.ack. The wetland area also would not be affected. Ms. McPherson stated that if the variance is granted, the City would acknowledge the petitioner's request to provide a transition of setbacks between the lot to the south, 5470 East Danube Road, and the lot to the north, 5544 East Danube Road. If the Commission recommends approval of the variance request for Lot 5, staff recommends the following stipulations: 1. A building permit shall not be issued until the City has completed its investigation and possible enforcement action regarding filling of the lot. 2. Prior to the issuance of a building permit, the petitioner shall submit a soils report and analysis by a structural engineer certifying the stability and strength of the soils. 3. The petitioner shall receive a permit from the Rice Creek Watershed District prior to issuance of a building permit. 5470 East Danube Road, Lot 6 Ms. McPherson stated a Type 4 wetland is also parcel. This wetland has not been filled to th Lot 5 by the same permit that was issued in 1986 50% of the lot is covered by this wetland. 14Q located on this e same extent as . Approximately � �. APPEALS COMMISSION MEETING, MAY 24, 1994 PAGE 14 Ms. McPherson stated that if the requested 15 foot variance is granted, the variance would reduce the impact to the wetland by approximately 900 square feet with the proposed house plans submitted by the petitioner (1,900 square feet versus 2,800 square feet). The petitioner would be required to create 3,800 square feet of wetland to replace that which is to be filled. Ms. McPherson stated the petitioner's current replacement plan as submitted only proposes to create 2,500 square feet of wetland. With the reduced impact created by the variance, the petitioner could still not meet the 2:1 replacement ratio as required by the ordinance. The petitioner further needs to revise the size and the shape of the dwelling to reduce the impact to the wetland and to meet the statute and the 0-4 regulations. Ms. McPherson stated staff has determined that the petitioner could reduce the size of the dwelling to approximately 30 feet by 50 feet. Even placed at the 35 foot setback, ap�roximately 450-800 square feet of wetland would need to be filled� This could be replaced by the proposed replacement plan, and the petitioner would then meet the R-1 and 0-4 regulations. Ms. McPherson stated that if granted, the 20 foot setback would provide an area to park cars in front of the garage, which is one of the concerns stated in the public purpose. Ms. McPherson stated the subject parcel is located on a curved street. There is a 13 foot boulevard between the property line and the curb along East Danube Road. Therefore, the impact of the variance on the adjacent dwellings would be reduced. The dwelling located to the south of this particular parcel faces West Danube Road; therefore, no sight lines along the front yards would be impacted. As discussed earlier, if a variance is granted for 5490 East Danube Road, this dwelling would be approximately five feet in front of the dwelling at 5490 East Danube Road. Ms. McPherson stated that in the past, the City has granted front yard variances down to 13 feet. . Ms. McPherson stated that if the Commission chooses to recommend approval of this request, staff recommends the following stipulations: 1. A raetland replacement plan meeting the 2:1 replacement requirement for any wetland impact over 400 square feet shall be approved. 2. A building permit shall not be issued until the City has completed its investigation and possible enforcement action regarding filling of the lot. 3. Prior to the issuance of a building permit, the petitioner shall submit a soils report and analysis by 14R ,�. ,•�-, APPEALS COMMIBSION MEETING. MAY 24. 1994 PAGE 15 a structural engineer certifying the stability and strength of the soils. 4. The petitioner shall receive a permit from the Rice Creek Watershed District prior to issuance of a building permit. Ms. McPherson stated that denying the variance would not totally eliminate use of the land, because a smaller dwelling size could be constructed on the property and still meet the requirements of the 0-4 district. Granting a variance to avoid the wetland impacts would not be contrary to the intent of the 0-4 district which does require a landowner or petitioner to pursue other methods to avoid wetland impacts. Mr. Kuechle stated that stipulation #3 refers to the petitioner submitting a soils report, etc., prior to the issuance of a building permit. However, the petitioner has said that he will sell the property and someone else will build on the lot. How is this tied to stipulation #3? Ms. Dacy stated that stipulation could be amended to say that "a soils report shall be submitted by a structural engineer..." Ms. Smith asked if any variances have been granted neighborhood. Ms. McPherson stated no variances have been granted neighborhood. The petitioner was not in the audience. in this in this Mr. Norman Nault, 5535 West Danube Road, stated he lives directly behind 5470 and 5490 East Danube Road. When people built in this neighborhood, they were told by the developer that these parcels were designated wetlands and that nothing would be built there. The petitioner has not paid taxes. At the May 18, 1994, Planning Commission meeting, the petitioner stated that he was only at the meeting to get a denial from the Commission so he could appeal to the state, making a mockery of this process. Mr. Nault stated this land was illegally filled in 1991 and 1992. Since then, he has had water problems. The water table has increased significantly, at least 18 inches to two feet. He is asking that this variance request not only be denied, but that legal action be taken regarding the illegal filling. Mr. Tom Fisher, 5477 East Danube Road, stated he lives directly across the street from Lot 6. He has lived there since the fall of 1977. On the map where staff has drawn the lines for the 15 foot variance and 10 foot variance, or at least at the 35 foot setback line), that is where the swamp started in 1977, and it was all water. It was a large beautiful pond. If the City authorized filling in 1986, no one was notified. It just got filled. That 14S ,� �. APPEALS COMMI38ION MEETING. MAY 24, 1994 PAGE 16 did not occur in 1986; it occurred subsequent to 1986. And, anyone can see that the property has been illegally filled since then. Mr. Fisher stated that part of the issue is whether the petitioner is really, at any point, entitled to believe that these lots have value when he promised everyone that these lots were unbuildable and would not be built upon. He stated these two lots, at no time, had any value in the petitioner's mind when he purchased them and developed the groperty. It is only after he has developed all the other lots that he is now deciding to do this to make some more money. If he was really going to do something with these lots, why didn't he do it in 1977, in 1979, 1981, etc.? The answer is because all the lots were not all sold then and the development in place, but now it is. Mr. Fisher stated that on April 6, 1993, he mailed a letter to Scott Erickson, Engineering Department of the City of Fridley, complaining about the filling of these lots and also complaining about a builder he had talked to who said he was going to buy the lots from Mr. Harstad. He stated he has never received a written reply to this letter. He read the following excerpt from this letter: "Now I have been told by a contractor that he is going to buy these lots from Harstad. He showed me a plat map that indicated a 20' drainage easement behind one of the lots and a 40' drainage easement behind the other lot. He also told me that nothing prevented him from filling •the swamp and/or excavating it and eliminating all of the standing water entirely. He acknowledged that he would have to leave the contours to allow drainage into Farr Lake across the street. He told me he planned to leave the water on the 40' easement but I must say he did not feel he had to do this. He showed me the plan of a home he proposed building. This home would barely fit on the lot with the 20' easement and would come up directly on the easement lines on one side and in the rear. He said the home would occupy the area that now contains water." Mr. Fisher stated that if the City allows a building permit and variances on this property leading to a building permit, he knows that lot is going to get filled. One year ago, he complained about the fact that this lot had been filled. He was told the fill would be removed, but nothing has been done. What will happen if the builder comes in and starts pushing the dirt back over the water? He can guarantee it is going to happen. Mr. Fisher stated that all the homes on both sides of East Danube Road are at the 35 foot setback. There are no variances. If two houses are built jutting out into the middle of all the setbacks, it will look like a bunch of garbage. The sight lines will be destroyed, and the pleasure of the neighborhood will be taken away from them. He strongly opposed any variance on this property. 14T , �-. r►,. APPEALS COMMISSION MEETING. MAY 24, 1994 PAGE 17 Mr. Bob Horeck, 5505 West Danube Road, stated he lives directly behind Lot 6. The major problem has been the illegal fill. His lot is located approximately 12-15 feet below the street level of East Danube Road. In 1987, he had 2-3 inches of water in his back yard. Mr. Horeck stated that all the neighbors built or bought in this neighborhood with the same understanding--that these lots were wetlands and there would be no construction. They all paid a premium price for their properties because of the wetlands, but they all felt it was worth the premium price to have these wetlands. In 1991, these wetlands were officially declared a wetland. Nothing has changed since then, and there is no reason for a house to be built there. If a house is built there, he and his neighbors are going to have major water problems. Mr. David Blank, 5544 East Danube Road, stated his house is right next to the lots in question. As Mr. Fisher had said, looking down this street from the north, all these houses are in line and set back at the 35 foot setback to make a very pretty place to live. Also, he is adjacent to the wetlands which are full of wildlife and birds, and it is a very delightful place to live. He and the neighbors do not want to see it filled in. It is his belief that those two lots are simply not large enough on which to build the kind of homes that are in this area. If variances are granted to allow the homes to be set forward, they will look out of place because they will be out of place. He is very opposed to the variance request. : Ms . Pat Freeburg, 5557 East Danube Road, stated there is also a curve in East Danube Road right next to these two lots. If front yard variances are granted and the houses are set forward, not only will it look like they have been set forward, but because of the curve in the street, the houses will look like they are set forward even more. The lots are quite small, and cheaper houses would have to be built. If cheaper houses built, it will lower the values of the other homes in the neighborhood which will, in turn, lower the amount of taxes to the City. It will also destroy the neighborhood. Everyone in the neighborhood is totall� against this variance request, and they need to discourage this kind of development in Fridley. Mr. LeRoy Corgard, 5495 West Danube Road, stated his sentiments are the same as those of his neighbors. Also, with a 20 foot front yard setback, there would not be room to park some cars. Some cars are over 20 feet long, and that should be taken into consideration. Mr. Roger Hertel, 5501 West Danube Road, stated these lots are located behind his property. In the past, Mr. Harstad has not been a good neighbor. Mr. Harstad filled Lot 6 illegally. He did not see why Mr. Harstad should be granted a variance at the expense of everyone else in the neighborhood so that he can make a profit. 14U • ,^-. �"`�, APPEALS COMMISSION MEETING, MAY 24, 1994 PAGE 18 Mr. Hertel stated there seems to be a question about whether or not Mr. Harstad filled illegally. Before he filled, there was some concrete back there. If they could dig down and find that concrete, would that prove that he had filled illegally? Ms. Barbara Fisher, 5477 East Danube Road, stated she was the one who observed dump truck after dump truck coming in and filling. Her husband was called home at that time, and they called the City. There was no question that the dumping was done illegally. Mr. Fisher stated he is a retired law enforcement officer, and he followed the dump trucks from another Harstad building development where they were digging out fill to East Danube Road where they were dumping the fill. Ms. Fisher stated that if the fill was done illegally, she could not understand why nothing has been done about it. Mr. Boyd Henderdorf, 5467 East Danube Road, stated he lives across the street from Lot 5. He stated that in order to build a house on this property, soil conditions are such that the foundation would have to be set on pilings. The houses would have to be built without basements. Homes of that type should not be put into a neighborhood such as this. Ms. Sue Williams, 5568 West Danube Road, stated she lives on the upper pond, and her basement is the lowest on the pond. Mr. Harstad is directly responsible for lowering her basement. When her house was.built, the City Engineer came out and explained the wetland drainage theory. As she recalled, he implied that because these were wetlands, they would always stay wetlands, and the location of her basement was based on the assumption that these wetlands would continue to flow freely and would continue to be there. The City Engineer assured her that as long as the wetlands were there, she would be able to live through a 100 year rain. She believed it is the City's responsibility to back up what their City Engineer implied to her and make sure that the wetlands remain as big as they were when the City Engineer made that commitment to her. That means Mr. Harstad should be required to remove all the fill. Ms. Williams stated she never received any notification in 1986 when Mr. Harstad first put fill in there. How could Mr. Harstad get permission from the City to fill in a wetland that the City Engineer had promised would stay part of the drainage area? She would certainly appreciate it if the City would check that out and try to rectify it. Mr. Tom Fisher stated that regarding soil samples, a number of soil samples have been taken on those lots over the years. Where are these soil samples, and why are more soil samples needed? 14V / �\ r�, APPEALS COMMI6SION MEETING, MAY 24, 1994 PAGE 19 MOTION by Mr. Kuechle, seconded by Ms. Smith, to receive into the record the letter dated April 6, 1993, from Tom Fisher to the City of Fridley to the attention of Scott Erickson. IIPON A VOICE VOTE, ALL VOTINC� AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED IINANIMOII3LY. Mr. Norman Nault stated that because these are designated wetlands and wetlands breed mosquitoes, the Mosquito Control Commission comes out often to spray the mosquitoes. Would the Mosquito Control Commission have records on the changes in the sizes of the pond over the years? Ms. McPherson stated that is possible. Staff is just beginning its investigation and will pursue all resources to clarify and verify any activity in the wetland area. Ms. Sue Williams stated she wanted to reiterate the comment that the neighborhood paid premium prices for their properties because of the wetland area environment and the lots that were supposedly set aside for nature. She believed that now Mr. Harstad is claiming the wetland as a hardship. That is ridiculous because he presented those lots as a gift to the community. MOTION by Mr. Kuechle, seconded by Dr. Vos, to close the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECI,ARED THE MOTION CARRIED AND THE PIIBLIC HEARING CLOSED AT 9:20 P.M. Mr. Kuechle stated he would recommend denial of both variances, based on the fact that both lots are apparently buildable. There is no history of variances in this neighborhood, and there are some definite setback problems with the house at 5544 East Danube Road which is made worse by the fact that Lot 6 is on an outside curve. Any new setback would be more noticeable on an outside curve than on an inside curve. Dr. Vos stated that in order to have a variance approved, needs to be a hardship. The petitioner's hardship is: minimize impact on wetland and provide mitigation area." looking at both lots, he considers them unbuildable even at present condition, especially with the size of the houses ir neighborhood. He would recommend denial of both variances. there "To In their this The variance request does not meet the spirit or the letter of the code. Ms. Smith agreed. Putting the houses forward would affect the traffic line of sight. Ms. Savage also agreed. The only hardship indicated is the wetland mitigation. At the May 18, 1994, Planning Commission, the petitianer indicated that he was actually looking for denial of his wetland replacement plan application so that he could appeal the 14W �"� ^ APPEALS COMMISSION MEETING, MAY 24, 1994 PAGE 20 denial to the exemption from has difficulty request meets neighbors that neighborhood. request. Board of Water and Soil Resources to obtain an the 1991 Wetland Conservation Act. She stated she with that. Also, she did not think the variance the spirit of the code. 5he agreed with the any houses would not fit in with the rest of the She, too, would recommend denial of the variance MOTION by Mr. Kuechle, seconded by Dr. Vos, to recommend to City Council denial of variance request, VAR #94-04, by Paul Harstad, per Section 205.07.03.D.(1) of the Fridley Zoning Code, to reduce the front yard setback from 35 feet to 20 feet on Lot 6, Block 2, Innsbruck North 2nd Addition, the same being 5470 East Danube Road N.E.; and per Section 205.07.03.D.(1) of the Fridley Zoning Code, to reduce the front yard setback from 35 feet to 25 feet on Lot 5, Block 2, Innsbruck North 2nd Addition, the same being 5490 East Danube Road N.E.; to minimize wetland impact and allow the construction of two single family homes. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED iTNANIMOIISLY. Ms. McPherson stated that the City will review the Wetland Replacement Plan application and variance application on June 20, 1994. Ms. Dacy stated that on May 18, 1994, the Planning Commission asked staff to investigate the issue of fill on Lots 5 and 6. Staff has met with the City Attorney and is beginning their investigation. 4. � RODGERS• Per Section 205.07.03.D.(1) of the Fridley Ci Code, to reduce the front yard setback from 35 feet t 22.4 feet to allow the construction of an addition on Lot , Block 2, Bonny Addition, generally located at 6050 - 6t Street N.E. MOTION by Mr. Kuechle, seconded by Ms. S th, to waive the reading of the public hearing notice and ope he public hearing. UPON A VOICE VOTE, ALL VOTING AY , CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED IINANIMOIISLY. Ms. McPherson stated t property is zoned R-1, Single Family Dwelling. The proper meets the minimum lot area and lot width requirements. A s' gle family dwelling unit and two-car attached garage are locat on the property. The petitioner has indicated that the exis 'ng dwelling is located 32.4 feet from the front property li . If the requested variance is not granted, a variance correct the existing encroachment should be granted. Ms. herson stated the petitioner is proposing to construct a l0 fo by 22 foot addition to the front of the dwelling unit. The 14X