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STATE OF I+�NNESOTA
COUNTY OF ANOKd
CITY OF FRIDLEY
In the Matter of a variance, VAR ��91-10
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_Michae]���Klismith Owner
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CITY COUNCIL PROCEEDINGS
VARIANCE
The above entitled matter came beFore the City Couneil of the City of Fridley
and was heard on the 17th day of June ,�g 91 , on a
petition for a variance pursuant to the City of Fridley�s Zonin� Ordinanee,
For the following deseribed property:
To increase the height of a fence from 4 feet to 7 feet in the front yard
(4 foot fence on top of a 3 foot berm), on Lots 7- 10, Block 3, Spring
Brook Park, the same being 7905 East River Road N.E.
IT IS ORDERED that a varian.ce be granted as ugon the following eonditions or
reasons:
Approval with one stipulation. See City Council meeting minutes of June
17, 1991. See Appeals Commission meeting minutes of May 28, 1991 for stipulation.
STATE OF MINNESOTQ )
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 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 subseribed my hand a� the City of
Frid`l�eyD�IM� nttesota, in t�he County of Anoka on the ��� day of
, 19 Z
DRAFTED BY:
City of Fridley
6431 University Avenue N.E.
Fridley, MN 55�432
L� � � �
SHIRLEY A. H PALA, CIT CLERB
Variances are valid for a period of one year followin� approval and� shall-fii�
considered void if not used within that period. _ �_
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THIS DOCUMENT HAS ALREADY BEE +
1/16/92
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.�ILED AS NUMBER 215190 ON
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FRIDLEY CITY COIINCIL MEETING OF JIINE 17. 1991 PAGL 7
Seconded by Councilman Billings. IIpon a voice vote, 1 voting
aye, Mayor Nee declared the motion carried unanimousl .
4.
CHAPTER 205 ENTITLED "ZONING" BY AMENDING S CTION 205.04 BY
DDING NEW SECTION 205.04.09 "ABOVE GROUND L STORAGE AGFS
TANKSn•
MOTION by Councilman Fitzpatrick to waiv the readinq and adopt
Ordinance No. 972 on the second readin and order publication.
Seconded by Councilman Schneider. IIpo a voice vote, all voting
aye, Mayor Nee declared the motion ca ied unanimously.
NEW BUSINESS:
5.
OF THE CITY CODE:
MOTION by Councilman Billin s to waive the reading and approve the
ordinance on first rea ng, with the stipulation that the
petitioners, Timothy an Donnett Miller, shall provide a hard
surface driveway by A st 1, 1992. Seconded by Councilwoman
Jorgenson.
Mayor Nee stated t�at he would like to see a walkway easement
provided. / �
MOTION by Coun
this ordinance,
"Subject to a
feet of the ou
vacated." ecc
all votin aye,
c�Clman Billings to add the following paragraph to
/between paragraphs one and two, to read as follows:
easement for walkway purposes over the northerly 10
therly 20 feet of the portion of Dover Street to be
�nded by Councilman Fitzpatrick. Upon a voice vote,
Mayor Nee declared the motion carried unanimously.
UPON A/VOICE VOTE TAI�N ON THE MAIN MOTION, all voted aye, and
Mayor �ee declared the motion carried unanimously.
6.
A.
RECEIVE ITEMS FROM THE APPEALS COMMISSION MEETING OF MAY 28.
1991•
(A 4 FOOT FENCE ON TOP OF A 3 FOOT BERM), ON LOTS 7, 8, 9 AND
10, BLOCK 3, SPRING BROOK PARK, THE SAME BEING 7905 EAST RIVER
ROAD�
MOTION by Councilman Fitzpatrick to concur with the_recommendation
--- - ----_
of the Appeals Commission and grant--Vagiarice Rec�est _VAR �I=1� ;
Seconded by Councilwoman Jorgenson.--Upon a voice vote, all vo��ng
aye, Mayor Nee declazed the motion carried unanimously.
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CITY OF FRIDLEY
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]►PPEALS COMMI88ION ME]3TINa, MAY 28, 1991
CALL TO ORDER•
Chairperson Savage called the May 28, 1991,
meeting to order at 7:30 p.m.
ROLL CALL:
Members Present:
Members Absent:
Diane Savage,
Ren Vos, Cathy/Smith
s Commission
, Carol Beaulieu
Others Present: Michele herson, Planning Assistant
Michae Rlismith, 7905 East River Road
Rob & Kathleen Amborn, 405 - 57th Place
nard Vanasse, 57 - 81st Avenue N.E.
ichael Bizal, 7880 Ranchers Road
MOTION b Mr. Kuechle, seconded by Ms. Beaulieu, to approve the May
14, 19 , Appeals Commission minutes as written.
A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BAVAGE DECLARED THE
�N CARRIED IINANIMOIISLY.
l. TABLED: CONSIDERATION OF VARIANCE REOUEST�`�`V 2#91-10 -�BY
CHAEL RLISMITH•
-- -_ .
_ _ .,
Per Section 205.04.06.A.(7) of the Fridley City Code, to
increase the height of a fence from 4 feet to 7 feet in the
front yard (4 foot fence on top of a 3 foot berm), on Lots 7,
8, 9, 10, Block 3, Spring Brook Park, the same being 7905 East
River Road.
MOTION by Ms. Beaulieu, seconded by Mr. Kuechle, to remove the
item from the table and open the public hearing.
IIPON A VOICE VOTE, ALL VOTING AYE � CHAIRPERSON BAVAGE DECLARED
THE MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 7:31 P.M.
Ms. McPherson stated this property is located at the
intersection of ?9th Aven�e and East River Road. The property
is zoned R-3, General Multiple Dwelling. Directly across the
street is the Riverboat Shopping Center, as well as the Meadow
Run Apartments.
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APPEALS COMMI88ION MEETING, lrlAY 28, 1991 PAGE 2
Ms. McPherson stated the petitioner is proposing to construct
a 4 foot fence on a 3 foot berm in what is defined by the Code
as the front yard. The Code requires that all fences, walls,
or natural hedges be maintained at a height of 4 feet in the
front yard. The Code defines the front yard as that area of
the yard which is in front of the front line of the dwelling
unit.
Ms. McPherson stated this request is unique in the fact that
the petitioner is proposing to place the 4 foot fence on top
of a 3 foot berm. Staff has taken the interpretation that the
grade of the property is being artificially manipulated by the
petitioner, and, therefore, they have to consider the
additional 3 feet created by the berm.
Ms. McPherson stated the petitioner does have a unique lot in
the fact that most of the front yard functions as the
petitioner's side yard and recreational area of the yard.
However, the end result of constructing a 4 foot fence on a
3 foot fence would be that of installing a 7 foot high fence
in the front yard. Staff has suggested that perhaps a similar
solution would be to plant small dwarf trees spaced relatively
close together to provide privacy from where the 4 foot fence
would stop if the fence was installed at the natural grade.
The branches would provide some screening and shade during the
summer, and still provide natural sunlight during the
wintertime. It would not provide an immediate solution to the
petitioner's problem of requesting some type of screening from
traffic on East River Road; however, it would not require a
variance.
Ms. McPherson stated that staff has taken the strictest
interpretation of the Code regarding the height of fences in
the front yard and is recommending that the Appeals Commission
recommend denial of the variance. If the Commission chooses
to take a more liberal interpretation of the Code regarding
the height of fences in the front yard and chooses to
recommend approval, staff recommends the following
stipulation:
l. The fence and vegetation shall not be located within
the public right-of-way.
Mr. Ruechle asked if the City has made any assessment on the
effect a berm might have on the visibility of that
intersection and the site lines.
Ms. McPherson stated she did not request that the City
Engineer look at this site; however, this can be determined
before the Council meeting. If the fence is not constructed
within the right-of-way, she believed the boulevard along the
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APPEALS COMMISSION MEETING, MAY 28, 1991 PAGE 3
service road and 79th Avenue is at least 10 feet, so the fence
would have to be at least 10 feet back from the curb. So,
there should be adequate visibility. In addition, there is
the advantage that this is a service road which leads to a
very small neighborhood; and it does not directly affect
traffic visibility for East River Road.
Ms. Savage asked Mr.�Rlismith to explain his hardship and why
he is choosing the fence on the berm.
Mr. Rlismith stated their greatest concern is the heavy
traffic on East River Road. There is no sense of privacy in
using what is considered their front yard. East River road
is about 3 feet higher than their lot, so it is like they are
being looked down on by all the traffic in that area.
Mr. Klismith stated they do understand the Code requirement
on the fence and staff's interpretation. They feel that by
constructing a 4 foot fence on a 3 foot berm and landscaping,
it would not only add to the beauty of their lot and to the
neighborhood, but it would give them a little more privacy.
The fence would be of wood and brick and would be tastefully
done and would'add to the appearance of their property.
Mr. Klismith stated that their two neighbors to the north
support their efforts, and one neighbor called the City to
voice her support.
Ms. McPherson stated she received one call from a neighbor to
the east regarding this particular request. This person said
that as long as the fence and berm did not affect his
property, he had no problem with it.
Ms. Beaulieu stated she lived on East River Road for 7 years
and moved out of a lovely home because of the heavy traffic.
Living on East River Road is a hardship. Privacy along East
River Road is non-existent.
Mr. Klismith stated that if this proposal is not acceptable,
they would appreciate any other alternatives. He stated
staff's alternative would be easier and cheaper to do, but it
would take years to grow a fence.
MOTION by Mr. Kuechle, seconded by Ms. Beaulieu, to close the
public hearing.
IIPON A VOICE VOTE� AI�L VOTING AYE, CHAIRPERSON BAOAGE DECLARED
THE MOTION CARRIED AND THE PIIBLIC HEARING CLOSED AT 7:50 P.M.
Mr. Kuechle stated that because of the hardship of living on
East River Road, plus the additional complication of the way
the house and yard are laid out on the lot, he would be
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APPEALB COMMI88ION MEETINa, MAY 28. 1991 PAGE 4
2.
willing to recommend approval of the variance request with the
stipulation recommended by staff, because he is concerned
about site lines.
Ms. Savage stated it seems the property it would affect the
most is the gas station across from the property. The public
purpose of the section of the Code is to maintain the
attractability of residential areas. She did not see how the
fence and berm could be detrimental to the property; in fact,
they would be an attractive addition to the property. She
would also recommend approval of the variance.
Ms. Beaulieu agreed.
OM TION__by__Mr._Kuechle� seconded-b_y_1�Is._Beaulieu�_ to-recommenc7 -
�;-t�-City Council a�proval of_va��.ance request� VAR #91-101 by -
'`Michael Klismith, per Section 205.04.06.A.(7) of the Fridley
City Code, to increase the height of a fence from 4 feet to
7 feet in the front yard (4 foot fence on top of a 3 foot
berm), on Lots 7, 8, 9, 10, Block 3, Spring Brook Park, the
same being 7905 East River Road, with the following
stipulation:
- --- ---
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1.— --Tfie fence a� vegetation shall _nQ�_ hQ_lacated -�rithin �
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�he public_riqht-of-way._ _
IIPON A VOICE VOTE� ALI, VOTING AYE� CBAIRPERBON BAVAGE DECLARED
THE MOTION CARRIED AND THE pIIBLIC HEARING CLOSED AT 7:50 P.M.
Ms. McPherson stated this item will go to City Council on June
17, 1991.
AMBORN:
(1) Per Section 205.07.01 B. (4j .(a) of the Fridley City Code,
to increase the maxi um size of a garage from 1,000
square feet to 1,270 s are feet;
(2) Per Section 205.07.03.D\(1) of the Fridley City Code, to
reduce the front yard se�back from 35 feet to 14 feet;
To allow the construction of an addition to an existing
garage, on Lot 2, Block 4, City View Addition, the same being
405 - 57th Place N.E.
OTION by Ms. Beaulieu, seconded
public hearing.
IIPON A VOICE VOTE, ALL VOTING AYE,
THE MOTION CARRIED AND THE PQBLIC
6M
Mr. Kuechle, to open the
>ON BAPAGE DEC7�ARED
OPEN AT 7:53 P.M.
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FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 •(612) 571-3450 • FAX (612) 571-1287
CITY COUNCIL
ACTION TAKEN NOTICE
June 19, 1991
Michael Klismith
7505 cast River Road N.E.
Fridley, MN 55432
Dear Mr. Klismith:
On June 17, 1991 the Fridley City Council officially approved your
request for a variance, VAR #91-10, to increase the height of a
fence from 4 feet to 7 feet in the front yard (4 foot fence on top
of a 3 foot berm), on Lots 7-10, Block 3, Spring Brook Park, the
same being 7905 East River Road N.E., with the following
stipulation:
1. The fence and vegetation shall not be located within the
public right-of-way.
If you have any questions regarding the above action, please call
the Planning Department at 571-3450.
Sincerely,
Barbara Dacy
Community Development Director
BD/dn
Please review the above, sign the statement below and return one
copy to the City of Fridley Planning Department by July 3, 1991.
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Concur with action taken
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Seconded by Councilman Billings. Upon a voice vote,,;�all voting
aye, Mayor Nee declared the motion carried unanimous,�'y.
4.
CHAPTER 205. ENTITLED "ZONING" l
ADDING NEW SECTION 205.04.09 "AB
TANKS"•
MOTION by Councilman Fitzpatrick ta
Ordinance No. 972 on the second re
Seconded by Councilman Schneider. t
aye, Mayor Nee declared the motion C
NEW BUSINESS:
5.
OF THE CITY CODE:
�e the reading and adopt
� and order publication.
a voice vote, all voting
;d unanimously.
MOTION by Councilman Bi ings to waive the reading and approve the
ordinance on first eading, with the stipulation that the
petitioners, Timothy and Donnett Miller, shall provide a hard
surface driveway b August 1, 1992. Seconded by Councilwoman
Jorgenson.
Mayor Nee stat d that he would like to see a walkway easement
provided.
MOTION by ouncilman Billings to add the following paragraph to
this ordi nce, between paragraphs one and two, to read as follows:
"Subject o an easement for walkway purposes over the northerly 10
feet o the southerly 20 feet of the portion of Dover Street to be
vacat ." Seconded by Councilman Fitzpatrick. Upon a voice vote,
all oting aye, Mayor Nee declared the motion carried unanimously.
A VOICE VOTE TAI�N ON THE MAIN MOTION, all voted aye, and
Nee declared the motion carried unanimously.
6. RECEIVE ITEMS FROM THE APPEALS COMMISSION MEETING OF MAY 28
1991•
A. VARIANCE REQUEST. VAR #91-10, BY MICHAEL KLISMITH, TO INCREASE
TIiE HEIGHT OF A FENCE IN THE FRONT YARD FROM 4 FEET TO 7 FEET
(A 4 FOOT FENCE ON TOP OF A 3 FOOT BERM), ON LOTS 7 8, 9 AND
10 , BLOCK 3, SPRI1dG BROOK PARK, THE SAME BEING 7905 EAST RIVER
ROAD:
MOTION by Councilman Fitzpatrick to concur with the recommendation
of the Appeals Commission and grant Variance Request, VAR #91-10.
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
r--. �"'1
FRIDLEY CITY COIINCIL MEETING OF JIINE 17. 1991 PAGS 8
B. VARIANCE RE4UEST. VAR #91-
�
Ms. Dacy, Community Development Director, stated/that this variance
was requested in order to allow the petit,oner to construct
additional garage space to park his recreatio al vehicle on a hard
surface to meet City Code requirements. �She stated that the
petitioner currently is storing his larg � recreational vehicle
outside, that he was required to store, his vehicle on a hard
surface driveway, and that he has c osen to enclose it by
constructing additional garage space. �
Ms. Dacy stated that two variances are necessary as double frontage
lots have to meet a 35 foot setback from both the rear and front
right-of-way and that a variance ' also needed to increase the
size of an accessory building. She stated that the Appeals
Commission recommended denial of the variances as they felt the
garage was too large and that th issue of the size of an accessory
building should be reviewed.
Ms. Dacy stated that another alternative is to vacate the right-
of-way to the west of the roperty; however, the petitioner is
concerned with the locatio of the gas main and whether he would
have adequate area to expa d. She stated that if Council approves
the variances, staff is r ommending a hard surface driveway to the
proposed addition by Sep ember l, 1992, for the petitioner to sign
and record an agreement gainst the property which would allow him
access to the property in perpetuity, and which releases the City
from liability or inc rring any costs should the improvements be
disturbed due to mai enance of utilities within the right-of-way.
Ms. Dacy stated t�at one other alternative is a curb cut from
57-1/2 Avenue, bu this is not ideal since there is a steep hill
there.
Mr. Amborn, the�¢etitioner, stated that the purpose of constructing
the garage wa to meet the City Code requirements and to also
correct the w ter problems in the back of his garage. He stated
that by expa ding into the right-of-way it would interfere with
the gas mai or be very close to it. He stated that the garage
would be o the side and not in view from either street which
enhances e looks from both north and south. Mr. Amborn stated
that the arage is a little high to accommodate the recreational
vehicle, however, it would be into the hillside by 3-1/2 feet and
provide a standard view from the north side.
Counc woman Jorgenson asked Mr. Amborn if he considered having a
doub e garage in front of the single garage and using the current
dri ewav access.
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DATE:
TO:
FROM:
SUBJECT:
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Community Development Department
PLA►NNING DIVISION
City of Fridley
June 13, 1991
William Burns, City Manager
Jim Hill, Acting City Manager
Barbara Dacy, Community Development Director
Variance Request, VAR #91-10, by Michael
Klismith of 7905 East River Road N.E.
Attached please find the above referenced staff report. The
Appeals Commission voted unanimously to recommend approval of the
variance request with the following stipulation:
1. The fence and vegetation shall not be located within the
public right-of-way.
Staff recommends that the City Council deny the variance request,
as the petitioner has another alternative which would allow him to
meet the code requirement.
MM/ dn
M-91-409
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CITY OF FRIDLEY
APPEALB CO1rII�I88ION MELTIN(3, MAY 28 � 1991
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CALL TO ORDER:
Chairperson Savage called the May 28, 1991, Appeals Commission
meeting to order at 7:30•p.m.
ROLL CALL:
Members Present: Diane Savage, Larry Kuechle, Carol Beaulieu
Members Absent: Ken Vos, Cathy Smith
Others Present: Michele McPherson, Planning Assistant
Michael Klismith, 7905 East River Road
Robert & Kathleen Amborn, 405 - 57th Place
Leonard Vanasse, 57 - 81st Avenue N.E.
Michael Bizal, 7880 Ranchers Road
APPROVAL OF MAY 14 1991. APPEALS COMMISSION MINUTES:
OM TION by Mr. Kuechle, seconded by Ms. Beaulieu, to approve the May
14, 1991, Appeals Commission minutes as written.
IIPON A VOICE oOTE, ALL VOTING AYE, CHAIRPERBON BAPAGE DECLARED THE
MOTION CARRIED IINANIMOIIBLY.
_--_ _--- _ -
1. TABLED•- CONSIDERATION OF VARIANCE REOUEST VAR #91-10, BY
MICHAEL RLISMITH:-- - -
Per Section 205.04.06.A.(7) of the Fridley City Code, to
increase the height of a fence from 4 feet to 7 feet in the
front yard (4 foot fence on top of a 3 foot berm), on Lots 7,
8, 9, 10, Block 3, Spring Brook Park, the same being 7905 East
River Road.
MOTION by Ms. Beaulieu, seconded by Mr. Kuechle, to remove the
item from the table and open the public hearing.
IIPON A VOICE VOTE, ALL VOTING AYE � CBAIRPERBON BAVAGE DECLARED
THE MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 7:31 P.M.
Ms. McPherson stated this property is located at the
intersection of 79th A�enue �nd East River Road. The property
is zoned R-3, General Multiple Dwelling. Directly across the
street is the Riverboat Shopping Center, as well as the Meadow
Run Apartments.
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APPEALS CO1rIIrII88ION MEETING. MAY 28, 1991 PAGE 2
Ms. McPherson stated the petitioner is proposing to construct
a 4 foot fence on a 3 foot berm in what is defined by the Code
as the front yard. The Code requires that all fences, walls,
or natural hedges be maintained at a height of 4 feet in the
front yard. The Code defines the front yard as that area of
the yard which is in front of the front line of the dwelling
unit.
Ms. McPherson stated this request is unique in the fact that
the petitioner is proposing to place the 4 foot fence on top
of a 3 foot berm. Staff has taken the interpretation that the
grade of the property is being artificially manipulated by the
petitioner, and, therefore, they have to consider the
additional 3 feet created by the berm.
Ms. McPherson stated the petitioner does have a unique lot in
the fact that most of the front yard functions as the
petitioner's side yard and recreational area of the yard.
However, the end result of constructing a 4 foot fence on a
3 foot fence would be that of installing a 7 foot high fence
in the front yard. Staff has suggested that perhaps a similar
solution would be to plant small dwarf trees spaced relatively
close together to provide privacy from where the 4 foot fence
would stop if the fence was installed at the natural grade.
The branches would provide some screening and shade during the
summer, and still provide natural sunlight during the
wintertime. It would not provide an immediate solution to the
petitioner's problem of requesting some type of screening from
traffic on East River Road; however, it would not require a
variance.
Ms. McPherson stated that staff has taken the strictest
interpretation of the Code regarding the height of fences in
the front yard and is recommending that the Appeals Commission
recommend denial of the variance. If the Commission chooses
to take a more liberal interpretation of the Code regarding
the height of fences in the front yard and chooses to
recommend approval, staff recommends the following
stipulation:
1. The fence and vegetation shall not be located within
the public right-of-way.
Mr. Kuechle asked if the City has made any assessment on the
effect a berm might have on the visibility of that
intersection and the site lines.
Ms. McPherson stated she did not request that the City
Engineer look at this site; however, this can be determined
before the Council meeting. If the fence is not constructed
within the right-of-way, she believed the boulevard along the
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APPEALB CO1rIIrII88ION MEETING, MAY 28, 1991 PAGE 3
service road and 79th Avenue is at least 10 feet, so the fence
would have to be at least 10 feet back from the curb. So,
there should be adequate visibility. In addition, there is
the advantage that this is a service road which leads to a
very small neighborhood; and it does not directly affect
traffic visibility for East River Road.
Ms. Savage asked Mr.�Rlismith to explain his hardship and why
he is choosing the fence on the berm.
Mr. Rlismith stated their greatest concern is the heavy
traffic on East River Road. There is no sense of privacy in
using what is considered their front yard. East River road
is about 3 feet higher than their lot, so it is like they are
being looked down on by all the traffic in that area.
Mr. Klismith stated they do understand the Code requirement
on the fence and staff's interpretation. They feel that by
constructing a 4 foot fence on a 3 foot berm and landscaping,
it would not only add to the beauty of their lot and to the
neighborhood, but it would give them a little more privacy.
The fence would be of wood and brick and would be tastefully
done and would"add to the appearance of their property.
Mr. Klismith stated that their two neighbors to the north
support their efforts, and one neighbor called the City to
voice her support.
Ms. McPherson stated she received one call from a neighbor to
the east regarding this particular request. This person said
that as long as the fence and berm did not affect his
property, he had no problem with it.
Ms. Beaulieu stated she lived on East River Road for 7 years
and moved out of a lovely home because of the heavy traffic.
Living on East River Road is a hardship. Privacy along East
River Road is non-existent.
Mr. Rlismith stated that if this proposal is not acceptable,
they would appreciate any other alternatives. He stated
staff's alternative would be easier and cheaper to do, but it
would take years to grow a fence.
MOTION by Mr. Kuechle, seconded by Ms. Beaulieu, to close the
public hearing.
QPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERBON SAPAGE DECLARED
THE MOTION CARRIED AND THE PIIBLIC HEARING CLOBED AT 7:50 P.M.
Mr. Kuechle stated that because of the hardship of living on
East River Road, plus the additional complication of the way
the house and yard are laid out on the lot, he would be
.�
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APPEALS COMMISSION MEETING, MAY 28, 1991 PAGE 4
2.
willing to recommend approval of the variance request with the
stipulation recommended by staff, because he is concerned
about site lines.
Ms. Savage stated it seems the property it would affect the
most is the gas station across from the property. The public
purpose of the section of the Code is to maintain the
attractability of residential areas. She did not see how the
fence and berm could be detrimental to the property; in fact,
they would be an attractive addition to the property. She
would also recommend approval of the variance.
Ms. Beaulieu agreed.
OM TION by Mr. Kuechle, seconded by Ms. Beaulieu, to recommend
to City Council approval of variance request, VAR #91-10, by
Michael Klismith, per Section 205.04.06.A.(7) of the Fridley
City Code, to increase the height of a fence from 4 feet to
7 feet in the front yard (4 foot fence on top of a 3 foot
berm), on Lots 7, 8, 9, 10, Block 3, Spring Brook Park, the
same being 7905 East River Road, with the following
stipulation:
1. The fence and vegetation shall not be located within
the public right-of-way.
IIPON A VOICE VOTE, ALL VOTIN�3 AYE, CBAIRPER80N BAVAGE DECLARED
THE MOTION CARRIED AND T8E PIIHLIC HEARING CL08ED AT 7:50 P.M.
Ms. McPherson stated this item will go to City Council on June
17, 1991. ,
�
AMBORN•
(1) Per Section 205.07.01 B. (4) .(a) of the Fridley City Code,
to increase the maxi um size of a garage from 1,000
square feet to 1,270 s are feet;
(2) Per Section 205.07.03.D.(1) of the Fridley City Code, to
reduce the front yard se back from 35 feet to 14 feet;
To allow the construction of an addition to an existing
garage, on Lot 2, Block 4, City View Addition, the same being
405 - 57th Place N.E.
OM TION by Ms. Beaulieu, seconded
public h�aring.
IIPON A VOICE VOTE, ALL VOTING AYE,
T8E MOTION CARRIED AND THE PIIBLIC
6M
Mr. Ruechle, to open the
RPERSON BAVAGE DECLARED
tING OPEN AT 7:53 P.M.
°- � � �i
2.
1
��
that there are proba y very few homes in Fridley that
couldn't use more garag space. If they allow one person to
expand, then they have o allow everyone to expand.
Dr. Vos stated he reali d that the option of expanding to
the rear is somewhat of a ardship; however, it is an economic
hardship, and they cannot ccept economic hardships as a valid
reason for granting a vari nce.
Ms. Smith stated she just �lid not see goii�g from a two car
garage to a four car garage\as a hardship.
OTION by Ms. Smith, seconde by Mr. Kuechle, to recommend to
City Council denial of var'�nce request, VAR #91-09, by
Seviola Construction Company representing Robert P. McKay,
per Section 205.07.03.D.(1) f the Fridley City Code, to
reduce the front yard setback from 35 feet to 29.5 feet, to
allow the construction of a ga age addition in front of the
existing garage, on Lot 6, Blo k 5, Innsbruck 1st Addition,
the same being 5218 Matterhorn rive.
IIPON A VOICE VOTE, ALL VOTING AYE � CHAIRPERSON SAVAGE DECLARED
THE MOTION CARRIED QNANIMOIISLY.
Ms. McPherson stated this item wil� go to City Council on June
3, 1991.
CONSIDERATION OF VARIANCE RE4UEST, V`AR #91-10, BY MICHAEL
- ��-- �,
KLISMITH: ' � - -- --_.___. +
Per Section 205.04.06.A.(7) of the Fridley City Code, to
increase the height of a fence from 4 feet to 7 feet in the
front yard (4 foot fence on top of a 3 foot berm), on Lots 7,
8, 9, 10, Block 3, Spring Brook Park, the same being 7905 East
River Road.
MOTION by Mr. Ruechle, seconded by Dr. Vos, to open the public
hearing.
IIPON A VOICE VOTE, CHAIRPERSON SAVAGE DECLARED THE MOTION
CARRIED AND THE PIIBLIC HEARING OPEN AT 8:10 P.M.
The p�titioner was not present. ,
MOTION by Ms. Smith, seconded by Mr. Kuechle, to close the
public hearing and table VAR #91-10 until the next meeting.
IIPON A VOICE VOTE, CHAIRPER80N 3AVAGE DECLARED THE MOTION
CARRIED AND THE PIIBLIC HEARING CLOSED AT 8:12 P.M.
�--� r�
� STAFF REPORT
APPEALS DATE �Y 14, 1991
CiTYOF PLANMNG COMMISSION DATE
F���.� CITY COUNCIL DATE �une 17, �1991 AUTHOR �1�
REQUE�T
PERMIT NUMBER
APPLICANT
PROPOSED REQUEST
LOCATION
Sli� DATA
SIZE
DElUSITY
PRESENT ZONING
ADJACENT LAND USES
� zoNw�
UTILII�E$
PARK DEDICATION
ANAL�(�IS
FINAIdCIAL IMPUCATIONS
CONFORMANCE TO
COMPREHENSNE PLAN
COMPATIBILITY WITH
ADJACENT USES 8� ZONqVG
ENVIRONMENTAL
CONSIDERATlONS
STAFF RECOMMENDATION
APPEALS RECOMMENDATION
PLANNING COMMISSION
RECOMMENDATION
i7�R #91-10
Michael Klismith
To increase the height of a fence in the front yard
fmr,i 4 ft. to 7 ft.
7905 East River Road
1�3, General Multiple Family Dwelling
1�-3, General Multiple Family Dwelling to the E and W;
G'-1, Local Business, t� the S; 1�1, Single Family
Dwelling, tio the N
Yes
Denial
Approval with stipulations
��
Staff Report
VAR #91-10, 7905 East River Road
Page 2
A. STATED HARDSHIP:
See attached letter.
B. ADMINISTRATIVE STAFF REVIEW:
Request
�
The petitioner is requesting a variance to increase the height
of a fence in the front yard from 4 feet to 7 feet on Lots 7-
10, Block 3, Springbrook Park Addition, the same being 7905
East River Road.
Site
The parcel is a corner lot with a single family rambler
dwelling and a two car detached garage located on the
property. The property is zoned R-3, General Multiple Family
Dwelling, as are the properties to the east and west. C-1,
Local Business, zoning is to the south; and R-1, Single Family
Dwelling, zoning is to the north.
Analysis
Section 205.04.06.A.(7) of the Fridley City Code requires that
a fence, daall, 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 petitioner is requesting a variance to allow the
construction of a 4 foot fence on a 3 foot high berm. Section
205.04.06.A.(7) of the City Code requires that all fences in
the front yard be 4 feet in height. As the petitioner is
artificially manipulating the grade by constructing a berm,
staff applied the strictest interpretation of the code and
required the petitioner to apply for the variance.
The petitioner's lot is unique in the fact that the
petitioner's "front yard", that area measured from the front
of the house forward, functions both as a side yard, as it has
the garage in it, and also as a rear yard, as the family
recreational space occurs here.
. i
Staff Report
VAR #91-10,
Page 3
/"�
7905 East River Road
�,
As the petitioner is constructing a berm, the result of
constructing the 4 foot fence on it would be similar to
installing a 7 foot high fence in the front yard. The
petitioner has a second landscape alternative which would
entail the use of a 4 foot high fence with small flowering
trees such as crabapple planted at 4-5 foot intervals. The
intertwining branches and leaves would provide the screening
the petitioner is looking for during the summer. The second
alternative would not provide an immediate solution to the
petitioner's screening problem, but would provide an
alternative to the petitioner which would not require the
variance.
Staff has applied
Code regarding the
choose to apply a
section.
Recommendation
the strictest interpretation of the City
height of fences, but the Commission could
more liberal interpretation of the Code
Staff recommends, based on the strictest interpretation of the
Code, that the Appeals Commission recommend to City Council
denial of the variance request to increase the height of the
fence in the front yard from 4 feet to 7 feet. If the
Commission chooses to recommend approval of the variance
request, staff would recommend the following stipulation:
1. The fence and vegetation shall not be located within
the public right-of-way.
Appeals Commission Action
The Appeals Commission voted unanimously to recommend to the
City Council approval of the variance request with one
stipulation:
1. The fence and vegetation shall not be located within
the public right-of-way.
City Council Recommendation
Staff recommends that the City Council deny the variance
request to increase the height of the fence from 4 feet to 7
feet.
6E
�
/�"\
�
VAR �� 91-10
!� Michael Klismith
- S//2 SEC. 3 T. 30, R. 24
C/TY OF FR/OLEY
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FILE NO._LJ_l. ���55�0 INSP. DATE: �' ��� �� INSP. BY: C�,L�
STREET ADDRESS: / �% S � . (U � �R�� pL i'>
LEGAL DESCRIPTION: �'1�� � +(� �(�y�� 3 S(L� L /LUJJL P�1
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The Company assures the Insured that the above diagram indicates the dimensions of the land and the locations of the easemer
improvements on the land described in the insured Mo�tgage, as shown by those County records which under the recording laws
constn�ctive notice. This diagram is based on visuai and taped inspection and is charted to approximale location, and therefore i
survey of any rype.
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! ~` '� Michael Klismith
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COMMISSION APPLICATION REVIEW
F� �� � oa� �G DATE FILE DESCRIPTION �#91 lo
22 4-26-91 5-14-:91 7905 East River Road
Fenae variance
COMPLETE REVIEW CHECKLIST AND RETURN TO PLANNING DEPT.
� - -- �
MICHELE M.
--���i
M14RK
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REL C.�
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6431 �ITY AVEN[JE N.E.
FRmI�Y� 1�IId 55432 QoanuuLity DeNelo�ent Depaz�ne�tit
(612) 571-3450
� AP'PT,ICATI@T E�O1t�I
PlmPER7.'Y II�iTI�i - site plan required for suffini.ttals: see attached
�,aa�: i�� S �=_ ����° ` ��a-� ��a�l�� , //'��, S`5.�3 �--
rsgal aescript:ion:
Iots ����. -�� Block 3 Tract/Additi�
C�nrent zonirig: ���C��,� f�� Square footage/acreage , 3� .�G��
Reason for var3.ance and �h�p: �,9G� �.Q/'i�',��L, �i� T4 .�1�'���
/��" `� �l�a �- �����%''�r°� Section of City Code. °�, fi� � � . <�_ � C� �� `3�
.....��G i�i�-.,;'V1/4 ��� �"� �,-'�.-�.......�ww.r.r..a..... �.7�,�'.�r �� �_��=lf- �1.�'df���i"i,4 �� -��':°�d�;. \�4 '-�y"!`:�s <�- %°;.,,�.+`��d -N�1 Nr1;.�.«
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(Contract Put�chasers: Fee Owners na�st sign this for�i prior to processirig)
N�ME �i /�'�v � `
ADI�RESS
i�AVTnur� p�
SIQ�URE I�ATE
PETITI��It INF�Ol�1TI�1 .
N�1ME ��G�i�s°�^ /l//S/��/��
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SIC�ZLTRE v� � DATE ,��
.,....�.,......,__�....r.........___�_��....�.r.r.r..._.......................�..r.r... .......�,.�.r., ..............r.,..._..._
Fee: $100.00
$ 60.00 � for residential pr�perties
�t v� # �l-1� �.� # �/� � //
Application recei.vea by:
Srheduled Appeals C�issioa� date:
Scheduled City Cotmcil date:
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May 8, 1991
City of Fridley
Variance Committee
6431 University Avenue Northeast
Fridley, MN 55432
Dear Variance Committee,
,�
�lease consider our application for a variance on the height of a fence on
our property located on the corner of East River Road and 79th Way.
We would like to put a fence up on the southwest corner of our lot beca�se
that part of cur yard is facing the stop light. The grade of East River Road
is about three feet above the height of our yard. As people wait at the lignt
they can look down into our yard. We feel a need for more privacy. We would
also like to put a patio on that side of our house and would like to be screened
from the road.
We will be landscaping the side of the berm witn small shrubs and ground cover.
We will put in two feet of sod from the curb to the bottom of the berm.
Thank you for your consideration in this matter. We hope the drawing is helpful
in helpng you to understand our situation and our need to gain a greater sense
of privacy. If these plans do not meet with your approval please suggest some
alternatives.
Thank you,
� ''!, �Gi'��
� �
Reverend Michael Klismith
Description of Fence
The fence will be constructed of wood with brick.
pillars at ten foot intervals. The end sectians wiil
be lower in height to produce a less abrupt ending.
6H
/�
PIIBLIC HEARING
BEFORE THE
APPEALS COMMI38ION
/ \
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 14, 1991, at
7:30 p.m. for the purpose of:
Consideration of variance request, VAR #91-10,
by Michael Klismith:
Per Section 205.04.06.A.(7) of the Fridley City
Code, to increase the height of a fence from
4 feet to 7 feet in the front yard (4 foot
fence on top of a 3 foot berm}, on Lots 7, 8,
9, 10, Block 3, Spring Brook Park, the same
being 7905 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.
�
Ctity Q��cil
C3.ty Manager
Lhane Savage
567 Rioe C�eeek Terraoe N.E.
Fridley, N�J 55432
Micha�i Klismith
7905 East River Road
Fridley, N�T 55432
Michael C�ristiansen
3D0 Longfellaa Street N.E.
Fridley, N�d 55432
r''��Rt vrliniarczyk
290 Longfellc�r Street N. E.
Fridley, N�T 55432
Richard Peterson
7939 East River Road
Fridley, N�T 55432
Auren Kerntop
201 MercuYy Driv� N.E.
Fridley, ML�TT 55432
Aurnri Kerntop
321 - 79th Way N.E.
Fridley, 1�T 55432
G�y Stelton
230 Long,fellow Street'N.E.
Fridley, PN 55432
N�iII.IlVG LIST FC)R
VARI�iNCE � 91->10
7�05 F�st Ri.ver Raad N.E.
John G. Jarvi.
240 Lan.gfellaa Street N.E.
FricZley, NIl�T 55432
Paul Jaege.r
260 I�ongfellaw� Street N.E.
Fridley, NN 55432
Tracy Halvoxson
280 Longfellav Street N.E.
Fridley, bN 55432
Walt,�x Kuckes
134Q Ninth.�Avenue South
St. Cloud, NA�1 56301
Walt�x Kuckes
231 -� 79th Hiay N. E.
Fridley, N.�T 55432
[n�i..11i�n Tnialus
221 -- 79t1i inTay N.E.
Fricll.ey, D�T 55432
I�62 �roperties
112010 HIoodhill Lane
Blaine, N�T 55434
Resident
211 - 79th Hiay N.E.
Fridley, NN 55432
�
Nlailed: 5/3/91
Clarence Fischer
7897 Finnrood Way N.E.
Fridley, R�T 55432
John Zielinski Ja������``
7889 Fizwood Way N.E.
Fridley, NIl�T 55432
John Zielinski i�-� U <� �� �-��y
7891 Fizwood Way N.E.
Fridley, N1V 55432
V. Froneyberger
7885 Fizwaod Way N.E.
Fridley, l�d 55432
hTalter F:lus
7899 East River Road
Fridley, MN 55432