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AF-V - 40864. � ' / / \ �.STATE OF MINNESOTA ) _ APPEA__ COMMI88ION PROCEEDINGS CuUNTY OF ANORA CITY OF FRIDLEY ) ) In the Matter of: a variance, VAR 4�93-30 �Q�.�� owner: Jay Klaphake VARIANCE The above.entitled matter came before the Appeals Commission of the City of Fridley and was heard on the 9th day of November , 19 93 , on a petition for a variance pursuant to the City of Fridley's Zoning Ordinance, for the following described property: To increase the height of a fence in the front yard from 4 feet to 6 feet to allow the construction of a fence in the front yard on Lot 8, Revised Auditor's Subdivision No. 23, the same being 6664 East River Road N.E. IT IS ORDERED that a variance be granted as upon the following conditions or reasons: Approval with no stipulations. See Appeals Commission minutes of November 9, 1993. STATE OF MINNESOTA ) COUNTY OF ANOKA CITY OF FRIDLEY ) � 0 OFFICE OF THE CITY CLERK I, William A. Champa, City Clerk for the City of Fridley, with and in for said City of Fridley, do hereby certify that I have compared the foregoing copy and Order granting a variance with the original record thereof preserved in my office, and have found the same to be a correct and true transcript of •the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at the City of Fridley, Minnesota, in the County of Anoka on the 23R0 day of - -�� , 19 9 . DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 . __ `:, '' � �'� �l.a.�- = � t1N ��F ��' William A. Champa, Cit ' Cle�� • �,.� �:�,; �, g� : . -Q�r.�w`�•s• � r • w ;,a: �.� �- , . . A r _ .. 1��SEA.,�,). .; - ��, �' . . ` f � � � � ' ' `�;<� Variances are valid for a period of one year following approval ,and sI}�'1,�.•b� _-� J considered void if not used within that period. °"��' �°i ^� � i� ��. 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FR[DLEY, MN SS�132 •(612) 571-3450 • FAX (612) 571-1287 APPEALS COMMISSION ACTION TAKEN I�TOTICE November 12, 1993 Jay Klaphake 6664 East River Road Fridley, MN 55432 Dear Mr. Klaphake: qn November 9, 1993, the �'ridley Appeals Commission officially approved your request for a variance, VAR #93-3.0, to increase the height of a fence in the front yard from 4 feet to 6 feet to allow the construction of a fence in the front yard on Lot 8, Revised Subdivision No. 23, the same being �� Please review and sign the Action Taken Letter below and submit one copy to the Planning Department by November 24, 1993. You have one year from the date of the Appeals Cammission action to initiate construction. If you cannot b�gin construction in time, you must submit a letter requesting an extension at least three (3) weeks prior to the exgiration date. If you have any questions regarding the above action or the need for an extension, please call the Planning Department at 57Z-3450. Sincerely, ��G�(0 ��t't�l �-- � Mi ele McPherson Fianning Assistant MM:ls I Cor�cur with action taken I �' � �: � � CITYOF FRIDLEY � COMMISSION APPLICATIC�N REVIEW FILE NUMBER pILE DATE M�E�TP1 G DATE FILE DESCRIPTION �#93-30 57 10-21-93 ' 11-9-93- - 6664 Fast River Road - fenoe var C4MPLETE REVIEW CHECKLIST AND RETURN TO PLANNING DEPT. i � . � -' = CHELE M. In . 7,d� a � �- �, , � , ,�, COMMENTS 7� � ��- �SCOTT E. �� cp �� . �� c ,�.-� ��r.� � o ��, �. -� /��3 � o..., � � � '9��^°��'� - - JOHN F. �... �� ,y` ��C � �� a� �� r� -� s�,�c�� "; � �- 1 . a Tonn �.. nn. 0 LEON M. l� v �161V� S. � DICK L. ��,�r- 5e� o�. ?��'� �CP � (�� -� ►u�.��-� � � � .�� Cf=�� ' � �� L�� /"� � APPEALS COMMI88ION MEETIN(�. NOVEMBTsR 9. 1993 PAGE 7 with a two year stipu ation as stated in the previous request and with this request. She is also concerned about setting a precedent if they recommend appro al of this request. Dr. Vos stated the petitioner did mention the size of the St. Philip's property. Also entioned by staff is the location, but there are other churches ocated in similar positions. Some of those do have signs larger than 32 square feet--one on University Avenue that is 56 square f et and one in a residential area that is 56 square feet. He a so has a difficult time seeing the difference between this re est and the previous temporary sign request. It is essentially he same request, only asking now to call it a permanent, tempora sign, rather than a temporary, temporary sign. He realized it will take some time for the Church's council to work throu h what they want to do as far as signage, but there seems to be ore options than having two signs for two years. He stafed he wou d vote to recommend denial. MOTION by Mr. Kuechle, seconded b Ms. Smith, to recommend to the City Council denial of variance request, VAR #93-29, by St. Philip's Lutheran Church, per Sect on 214.05.06.A of the Fridley Sign Code, to increase the size of n institutional sign from 32 square feet to 70 square feet to all �r the existence of two signs on the property on Outlots 1 and 2, B1 ck 2, Moore Lake Highlands, 4th Addition, generally located at 61 Highway 65 N.E. IIPON A�VOICE VOTE, ALL VOTING AYE, CHAIRI�ERSON SAVAGE DECLARED THE MOTION CARRIED DNANIMOIISLY. \ Ms. McPherson stated there is a possibi ity of this item being scheduled on December 1, 1993, at the Trut and Taxation meeting. She stated she will confirm this with the C ty Manager. The other Council date is December 13. Ms. Prasek stated December 1, 1993, would be �referable. 3. CONSIDERATION OF VARIANCE RE4UEST, VAR #93-30, BY JAY KLAPHAKE• � Per Section 205.04.06.A.(7) of the Fridley Zoning Code „ to increase the height of a fence in the front yard from 4 feet to 6 feet to allow the construction of a fence in�the front yard on Lot 8, Revised Auditor's Subdivision No. 23, the same being 6664 East River Road - MOTION by Mr. Ruechle, seconded by Ms. Beaulieu, to waive the reading of the public hearing notice and open the public hearing. IIPON A VOICE VOTE, ALL VOTINt3 AYE, CHAIRPERSON SAPAaE DECLARED THE MOTION CARRIED IINANIMOIISLY. Ms. McPherson stated the property is located on the west side of East River Road. The Banfill Locke Center for the Arts is located directly to the north. The property is zoned R-1', Single Family �. � APPEALB COMMISSION MEETING, NOVEMBER 9, 1993 PAGE 8 Dwelling, as are the properties to the south and to the east across East River Road. The property to the north is zoned Public. Ms. McPherson stated the petitioner is proposing to construct a wood panel fence in the front yard adjacent to the right-of-way to provide a screening and sound barrier from the traffic on East River Road. There are some trees and vegetation along the south property line. The fence would not cross the petitioner's driveway. There is a 4 foot fence which divides the petitioner's property from the Banfill Locke Center for the Arts. The adjacent properties do not have fences across the front property lines. The petitioner has contacted Anoka County to mark where the right-of- line is so that the fence will not be constructed within the public right-of-way. The subject property is not a corner lot so there is no question of encroaching into the "vision safety" zone as defined by the City Code. Ms. McPherson stated that if the Commission approves this request, staff has no conditions of approval. This request is within the range of similar previously granted variances. Mr. Jay Klaphake stated that when East River Road was widened, the County took a large chunk out of his front yard. He stated his house is located closer to the right-of-way than the other houses in the area. In addition, the split in the median is located right in front of his house, so people use it as a convenient turn- around. In addition to the heavy noise, there are a lot of vehicles turning around and lights shining into his house. Mr. Klaphake stated that as the Code is written, this section of the code addressing fences only applies to front yards which are defined as the narrow portion of the yard facing the street. In addition to the three variances for fences approved along East River Road, there are qtxite a few more 6-7 foot fences along East River Road that happen to be on properties that face a side street. He stated the City might want to consider changing or modifying the Code so that it allows people who live on four lane roadways and busy streets to put up fences higher than four feet. Ms. Savage asked Mr. Klaphake why he could not live with a four foot fence. Mr. Klaphake stated that putting up a four foot fence is not worth the effort. There would still be�a lot of noise, and the four foot fence would probably not be effective to shield the headlights that shine into his house. MOTION by Ms. Smith, seconded by Ms. Beaulieu, to close the public hearing. IIPON A VOICE.VOTE� ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING CLOSED AT 8:15 P.M. /'�. ,� APPEALS COMMIBSION MEETING, NOVEMHER 9. 1993 PAGE 9 Mr. Ruechle stated he could see the hardship in this case being strong enough that he would vote for approval of the variance. He stated they should do anything they can do to help the homeowners who live along East River Road or any street that has this kind of volume of traffic 24 hours a day. Ms. Smith stated she agreed. Her first concern was if the fence would get in the way of any line of sight, but that appears to not be a concern. She stated she can see the hardship, and she would vote to approve the variance. Ms. Savage stated she agreed there is a hardship in this situation. The petitioner's property is somewhat unique because the house is very close to the street. However, she is concerned that the Commission could get a lot more variance requests for 6 foot fences in this general area�. She would ask that the City Council look at whether they should be amending the Code requirements for properties such as this one along East River Road. Ms. Beaulieu stated she agreed, although she would agree to 6 foot fences for residences all along East River Road, University Avenue, and Central Avenue. There is definitely a hardship in living next to a roadway with such a high traffic volume. Dr. Vos stated he agreed with the other Commissioners. MOTION by Ms. Smith, seconded by Mr. Kuechle, to approve the variance request, VAR #93-30, by Jay Klaphake, per Section 205.04.06.A.(7) of the Fridley Zoning Code „ to increase the height of a fence in the front yard from 4 feet to 6 feet to allow the construction of a fence in the front yard on Lot 8, Revised Auditor's Subdivision No. 23, the same being 6664 East River Road. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAPAGE DECLARED THE MOTION CARRILD QNANIMOIISLY. 4. CONSTANCE ERICRSON: Per Section 205.07.03.D.(1) of reduce the front yard setback = the construction of an additi Manor 4th Addition, the same b MOTION by Dr. Vos, seconded by Ms. the public hearing notice and open 5'1, vtut �yJ—.�.i, az i,vrv�La, ruva. the Fridley Zoning Code, to om 35 feet to 30 feet to allow n on Lot 35, Block 3, Melody ing 7636 Tempo Terrace N.E. IIPON A VOICE VOTE, ALL VOTING AYE, CH19 MOTION CARRIED AND THE PIIBLIC HEARING th, to waive the reading of ,public hearing. Ms. McPherson stated the property is 1 Unity Hospital on Tempo Terrace. The pro Family Dwelling, as are all surrounding iON SAVAGE DECLARED THE AT 8:20 P.M. ted south and east of ty is zoned R-1, Single rcels. REQUEST Permit Number ' Applicant Proposed Request Location SITE DATA Size Density Present Zoning Present Land Use(s) Adjacent ' Zoning Adjacent Land Use(s) Utilities Park Dedication Watershed District ANALYSIS Financiai Impiications Conformance to the Comprehensive Plan Compatibility with Adjacent Zoning and Uses Environmerrtal Considerations RECOI��VVICNDATION Staff Appeals Commission Planning Commission Author �:ls ��\ STAFF REPORT Community Development Department Appeals Commission Date No�embe r 9, 19 9 3 Planning Commission Date � Gity Council Date VAR #93-30 Jay Klaphake To increase the height of a fence in the front yard from 4 feet to 6 feet 6664 East River Road R-1, Single Family Dwelling Single family R-1, Single Family Dwelling, on all sides Single family on all sides Six Cities Watershed District .� � Staff Report VAR #93-30, 6664 East River Road, Jay Klaphake Page 1 A. STATED HARDSHIP: � "Hea�i " traffic! Noise and privacy (wish to put up 6 foot fence." B. ADMINISTRATIVE STAFF REVIEW: Request The petitioners request that a variance be granted to increase the height of a fence located in the front yard from 4 feet to 6 feet. The request is for Lot 8, Revised Auditor's Subdivision No. 23, the same being 6664 East River Road. Site Located on the property is a single family dwelling unit with a detached two-car garage. The property is zoned R-1, Single Family Dwelling. The properties to the north and south are also zoned R-1, Single Family Dwelling. The Mississippi River is located to the west of the subject parcel. Analysis 8ection 205.04.06.A.(7) of the Fridley City Code requires that a fence, wall, or any natural hedge or closely planted vegetation that forms a barrier shall not exceed four (4) feet in height within the limits of the front yard in all residential districts. Public purpose served by this requirement is to prevent tall fences in order to maintain the attractability of a residential area. The petitioners propose to construct a 6 foot high wood panel privacy fence for a sound barrier from traffic on East River Road. The fence will be located in the front yard adjacent to the right-of-way. The fence, as proposed, does not cross the driveway. The adjacent properties do not have fences. A 4 foot high chain link fence separates the subject property from the Banfill Center for the Arts. The petitioner contacted Anoka County to verify that he would not construct the fence within the public right-of-way. The subject parcel is not a corner lot; therefore, there is no impact to the vision safety zone. If the variance is granted by the Appeals Commission, it is within the range of similar previously granted variances. � i� N �/2 SE�. /.5', T. .�0, R. 24 C/TY OF Ff�/DLEY • �-_ � r� 9 �� , , \ _,. , � •s ,..E- b �;� d�.om/.va/� � i r ' �� ; �� ( \� � � , � -F==�= : � � � • � I; � � GE � .�a. izst N Q C �. 1 �/. 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N � —� � �I ti 1 � `• � ;j'� �`�' 1l� � F— U J � '��' Y O J SITE PLAN . . � �--T�' n� ; c.�, t� � �.�� ,z � � Pr � `_'� crrY a� FRiu�EY C�431 LTNIVERS['1'Y AVENUE N.�. FRiI)LEY MN 55432 �� ;'1 � (612)571-�aSU CUMMLINITY DEVEL4PMENT L)L:YARTMENT �i'�.T�IAI�ICE A��LICATI�N FC.�RN� PRORERTY �iN�dRMATI(7►N - sitc plari requii'CC� fd1' S4lt)II11tt.Ai; see �t.ta��ed Aiiiiress: � 6 ��,�, x��z � t�' - . . Pre�periy Identific��dor� Numbcr. {pII�_ , . _ Lc�a1 dc,ceri�ti<�n_ � . . Lot Blcx:k TracUAddition Cu�r�nt zoning: SquarL fooi:;gclac;re:��e H� R fZA�F�iG � ��s� ru y Reason for vaiiance anci h<uciship: �._ ( C�►, zs+i --r�, p�rr � p ��-r .� nt eE` Secta� • cx�'C'ity �cte: � . . •- H�ve you operatcci a busin�ss irt a city which retluired a businGSS iic;ense? Ycs N� _� , If yes, which city? . . Yf yes, wh�it ty�e c�f business? Was that lsccnsc cver cienied ar revoked? Yes _. � No �..�... ..r.�..,,�.�.......,�.N.._.�.�..�^...�..,..,�.�.�._._._..�,.�.,..'.�.�..r..,.,-_�..�..d. F,F ' � TT (as it appears ot� t�le }�ropei-ty titic} (Coni�•act Piirchascis: Fe�e Own�rs must sign this forn� �ri�r ta proccs5in�} NAME_ .._.� A.`f ��--A� P+�A��: � iMx y v k x �q�v �? AL�DRL;SS � 6 � �T c - [�.�� p�. R d . . .. _ ?%�� – �'10i� .� DAYTI M L!'i IC�NF. Z q�� t 13 '�i .�% S[C NATtJ ��.�...�. -� . a�1'L lc�- ��-�3 FFTITI()NFR I�iF`(JRIVIATI�� I`JtiMF. _ �---� �A' `'� _ ��- A �P i� A-k-�~ , . a►nnR�ss 6 �� 4 � . ' t�:�-� ,� �. a . . . . � , _ DAY'1'liV[EF'HUN[:_��'I�'�7 SiC 1�IATCiRF. ,�.�.� DATE . �a' � � � t.+�' — ,w�.........r..,n..w..�..•�. 1. ..t r-�v�rr �w+n-e.-�+..��--a�w.-i��r:rw�wn+N.....-..,��r.��..•,...•,-..rr�-+...�..e....-+�+n..�..+tir-riw,- F�.e: �1 tKl.Cl(� _ $ C�.(if) _� ft�r reSiclenli�l propcirtic.s Permi� VAR #_�° �� Receipt # 3� 1� , A�.�}�lic:�tion rcrcivc.cl by: _ _ .. . -- SchCduiei� �1p�>e��is C;omttiission ct��tc: l� � 13 • Schcdulcd City Cocmcif cixte: __. . _ . _ . - � l� PIIBLIC HEARING BEFORE THE APPEALB COl�lI88ION 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, November 9, 1993, at 7:30 p.m. for the purpose of: Consideration of variance request, VAR #93-30, by Jay Klaphake: Per Section 205.04.06.A.(7) of the Fridley Zoning Code, to increase the height of a fence in the front yard from 4 feet to 6 feet to allow the construction of a fence in the front yard on Lot 8, Revised Auditor's Subdivision No. 23, the same being 6664 East River Road, 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. 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 November 2. � VAR #93-30 ,�ILING LIST �iled 10/29/93 6664 East River Road � Jay Klaphake 6664 East River Road Fridley, NIIJ 55432 Donald Russell 6631 East River Road Fridley, MN 55432 Eldon Nelson 6660 Hickory Street Fridley, MN 55432 Banfill Locke House 6666 East River Road Fridley, MN 55432 Ralf Peterson 6652 East River Road Fridley, NIl�T 55432 City Manager City Council Eugene Anderson 6661 East River Road Fridley, MN 55432 Charles Sparks 6601 East River Road Fridley, NIlJ 55342 David Schultz 6640 Hickory Fridley, I+Il�T Omer Olson 98 Rice Creek Way Fridley, I�T 55432 Richard Silverstein 6675 East River Road Fridley, MN 55432 Richard Gates Street 6668 East River Road 55432 Fridley, MN 55432 Tycon Companies 321 University Ave. S.E. Minneapolis, 1�IIJ 55414 Resident 6654 East River Road Fridley, NII�T 55432 Dave Torkildson Anoka County Parks Dept. 550 Bunker Lake Blvd. Anoka, MN 55304 Diane Savage 567 Rice Creek Terrace Fridley, NIl�T 55432 , ti `,.,s,. oJ„ • I US /MH J�1 .7LV i.a. ti �1 � � -- ti � � o .I 3 aSv a3 � ��`�,v,q .� � A'�;i" $ 4 � � � � ,�;�e�E �: �� 4 � �� s o� � � � �� ; ��.I ro. � l � � �ilos/ - , is h� � ti � � � . i �1� ' ` � ` �.�a° �h `�1� . _ � � � 0 j' . q� o i � i di - s s ��i.ue / � �� i L " � • �/ , �( �f .f/.'�� . - --�' s .v i�ys� �� '� �� '� } `� v�l Poso) � � /l06 !L< 'N � p e '� Qf1 p�• • �'i � Ie� �. . 1 II � ✓° i is9Y 6s�9 '� � lOp � � ,� � �� V v � �� b^ � ` �• / V�O�� ( '6• l . � ✓o : � � � .fc , �sz°g• • Gv,�., . u . h.. / / � "' p� ' 3 Jt "aa 6s . vr Nlf.� s,r p�- � o ) \ d5.it ly� ''� a. : r : �ti4 . � 1�, �✓ , � �� a� - s�* le� 'g �: ;�; � •,� � u°1 0 l �ti a , y epA N,= C, � � p� � ° aC ; � � ��% , M pc t � �GJ,;: � `Q �'�: ., : e,,�. 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