AF-V - 41809�
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CITYOF
FRIDLEY
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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
July 6, 1992
Ronald Roessler
544 Fairmont Street N.E.
Fridley, M1J 55432
Dear Mr. Roessler:
On June 29, 1992, the Fridley City Council officially approved your
request for a Variance, VAR #92-12, to reduce the side yard setback
from 10 feet to 8 feet, to allow the construction of a 14 foot
addition and basement under a single family dwelling unit on Lots
46 and 47, Block J, Riverview Heights, the same being 544 Fairmont
Street N.E.
You have one year from the date of City Council action to initiate
construction. If you cannot begin construction in time, you must
submit a letter requesting an extension at least three weeks prior
to the expiration date.
If you have any questions regarding the above action, please call
the Planning Department at 571-3450.
�arnara �acy, �
Community Devel
BD/dn
Director
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Please review the above, sign the statement below and return one
copy to the City of Fridley Planning Department by July 20, 1992.
C ncur with action taken
cc: Laramal, Inc.
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FRIDLEY CITY COIINCIL MEETING OF JIINE 29. 1992 PAGE 11
B. VARIANCE REOUEST, VAR #92-12 BY RONALD ROESSLER TO REDUCE°
THE SIDE YARD SETBACR FROM 10 FEET TO 8 FEET TO ALLOW THE
CONSTRUCTION OF A 14 FOOT ADDITION AND BASEMENT UNDER A SINGLE
FAMILY DWELLING. GENERALLY LOCATED AT 544 FAIRMONT
STREET N.E.•
MOTION by Councilman Fitzpatrick to grant Variance Request,
VAR #92-12, to reduce the side yard setback from 10 to 8 feet.
Seconded by Counailwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
C. VARIANCE REOUEST. VAR #92-14. BY BRICKNER BUILDERS INC TO
LOCATED AT 991 67TH AVENUE N.E.:
MOTION by Councilman Billings to grant Varianc Request,
VAR #92-14, to reduce the front yard setback from 35 17.5 feet.
Seconded by Councilman Fitzpatrick.
Councilman Billings stated that this structur would be in line
with the other homes on the block.
Councilwoman Jorgenson stated that a numb� of other variances of
this magnitude have not been approved.
Councilman Billings stated that if t variance is not granted this
would be the only home that would b set back 52 feet from the curb
line of the street. He felt that his is one of the few cases that
meets the definition for what variance is intended.
UPON A VOICE VOTE TAKEN
Councilman Fitzpatrick,
Councilwoman Jorgenson
declared the motion ca�
D.
ON
ied
�E ABOVE MOTION, Councilman Billings,
Mayor �Nee voted in favor of the motion.
:ed against the motion. °Mayor Nee
by a 3 to 1 vote.
0
Mr. Van De� Berg, of Comstrand, Inc., stated that he would be
moving his business from St. Anthony to Fridley.
Council an Billings asked how many people he employs, to which Mr.
Van D Berg stated he has nine employees.
MOT ON by Councilman Billings to grant Variance Request,
V #92-13, to reduce the side corner setback from'�80 to 20 feet
d to reduce the minimum lot area of 35,000 square feet to 30,000
square feet, with the following stipulations: (1) the building
shall be architecturally compatible with the bank and office
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FRIDLEY CITY COII�TCIL MELTING OF J11QNN8 29, 1992 PAGE 12
buildings; (2) the petitioner shall submit a landscape plan which
complies with the Zoning Code and which shall be approved by C' y
staff prior to issuance of a building permit. The plan shall so
include underground irrigation; and (3) the petitioner shall mit
a bond in the amount of 3 percent of construction value to ensure
completion of the outdoor improvements. Seconded by Cou ilwoman
Jorgenson. Upon a voice vote, all voting aye, Mayor Ne declared
the motion carried unanimously. ° -
11.
1992•
A.
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MOTION by Councilman Fitzpatrick to
VAR #92-15, to reduce the side yard se
17.5 to 15 feet, with the followi
petitioner shall comply with the condii
by the Anoka County Public Works Comm'
shall execute a�hold harmless agreem n
the City from any liability to the cE
or maintenance are conducted on the sto
Councilman Billings. Upon a voice vote
declared the motion carried unan' ousl�
12.
gr nt Variance Request,
� k on a corner lot from
stipulations: (1) the
�ns of approval set forth
�e and (2) the petitioner
releasing the County and
sory structure if repairs
.sewer line. Seconded by
all voting aye, Mayor Nee
Ms. Dacy, Community Dev opment Director, stated that this
agreement allows the City o request reimbursement funds for solid
waste expenses. She re mmended that the Council authorize the
Mayor and City Manager execute this agreement.
MOTION by Councilwoma Jorgenson to authorize the Mayor and City
Manager to enter in o this agreement with Anoka County for the
Residential Recycli g Program. Seconded by Councilman Fitzpatrick.
Upon a voice vote, all voting aye, Mayor Nee declared the motion
carried unaniiaous y.
13.
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Mr. Burns, ity Manager, stated that this contract allows the City
to employ interns with the City paying between 50 and 70 percent
of the alaries and Federal Wo�k Study funds making up the
differe ce. He stated that Urban Corps is responsible for payroll
taxes, and the City is responsible for worker's� compensation
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REQUEST
Permit Number
Applicarrt
Proposed
Request
Location
SITE DATA
Size
Density
Present Zoning
Present Land Use(s)
Adjacent
Zoning
Adjacerrt Land Use(s)
Utilities
Park Dedication
Watershed Dist�ict
ANALYSIS
Financial l mplications
Conformance to the I
Comprehensive Plan
Compatibility with Adjacent
Zoning and Uses
Environmental
Considerations
RECONIl��NDATION
Staff
Appeals Commission
Planning Commission
Author N�1/ls
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S TAFF REP O RT
Community Development Department
Appeals Commission Date F�1ay 19, 1992
Planning Commission Date
City Council Date June 29, 1992
VAR #92-12
Ronald Roessler
'Ib reduce the side yard setbac k from 10 ft. to 8 ft.
544 Fairtmnt Street N.E.
5,500 sq. ft.
1�1, Single Family
Single Family
1�1, Single Fami.ly, to the N, S, E, & W
Single Family to the N, S, E, & W
Six Ci.ties
See Sta.ff Report
Approval
10.17
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Staff Report
VAR #92-12, Ronald Roessler, 544 Fairmont Street N.E.
Page 2
A.
B.
STATED HARDSHIP:
Moving house to meet code would remove garage access.
ADMINISTRATIVE STAFF REVIEW:
Request
The petitioner is requesting that a variance be granted to
reduce the side yard setback from 10 feet to 8 feet on Lots
46 and 47, Block J, Riverview Heights, generally located at
544 Fairmont Street N.E.
The petitioner is proposing
addition to the front of the
under the entire dwelling.
Site
to add a 14 foot by 28 foot
dwelling and install a basement
Located on the property is a single family dwelling and a
single car detached garage. The property is zoned R-1 Single
Family as are all adjacent properties.
Analysis
Section 205.07.03.D.(2).(a) requires a side yard setback of
10 feet between any living area and side property line.
Public purpose served by this requirement is maintain a
minimum of 20 feet between living areas in adjacent structures
and 15 feet between garages and living areas in adjacent
structures to reduce exposure to the possibility of fire. It
is also to allow for aesthetically pleasing open areas around
residential structures.
The existing dwelling unit is located 8 feet from the side
property line. The petitioner intends on constructing a
basement under the existing dwelling unit, in addition to
expanding the front of the house by 14 feet. The petitioner
could shorten the addition by 2 feet, but to narrow the
basement to meet the requirements under the existing dwelling
would not be practical. The basement would need to match the
existing condition, therefore approval of the variance request
for the existing condition would be appropriate. The adjacent
property to the west has a side yard setback of 10 feet.
10.20
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Staff Report
VAR #92-12, Ronald Roessler, 544 Fairmont Street N.E.
Page 3
Recommendation
Typically, staff recommends denial of these types of
applications. Staff is responsible for interpreting the
"letter of the law", and the Appeals Commission and City
Council are responsible for determining whether the variance
is warranted. In this instance, the Appeals Commission and
City Council may want to consider granting the variance in
order to encourage housing maintenance and improvement. In
cases where building improvements match existing
encroachments, the City may want to encourage additions on
certain properties. The City should be cautious to ensure
that adjacent properties are not adversely affected and all
other zoning requirements are met (lot coverage, height,
etc.).
The City Council, HRA, and staff are working on a long term
housing plan to promote housing maintenance and improvements.
This application, if approved, is consistent with the current
planning effort.
Should the Appeals Commission deny the variance request for
the addition, staff recommends the Appeals Commission
recommend to the City Council approval for the existing
encroachment.
Appeals Commission Action
The Appeals Commission voted unanimously to recommend approval
of the request to the City Council.
City Council Recommendation
Staff recommends that the City Council concur with the Appeals
Commission action.
10.21
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Community Development Department
PLA1vNiNG DIVISION
City of Fridley
DATE: June 25, 1992 �
TO: William Burns, City Manager ��
FROMa Barbara Dacy, Community Development Director
Michele McPherson, Planning Assistant
BIIBJECTs Variance Request, VAR #92-12, by Ronald Roessler;
544 Fairmont Street N.E.
Attached please find the above referenced staff repor�. The
petitioner requests that a variance be granted to reduce the side
yard setback from 10 feet to 8 feet. The Appeals Commission voted
unanimously to recommend approval of the variance request to the
City Council.
Staff recommends
Commission action.
NIl�I :1 s
M-92-397
that the City Council concur with the Appeals
10.16
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APPEALS COMMIB3ION MEETING, MAY 19, 1992 PAGE 6
Ms. Smith stated she does not like the side yard setback because
it constricts the neighb r in the future if they want to do
anything, but the lot is rge. Allowing the upstairs, if done
properly, will add to the p operty.
Dr. Vos stated there is 22 f et from the adjacent dwelling to the
lot line. If the petitioner oes 2.5 feet from the property line,
it will hinder the neighbor.
Ms. McPherson stated that if t e property owner to the west wanted
to build, the distance between tructures would be reduced from 15
feet to 12.5 feet.
MOTION by Ms. Beaulieu, seconded by Ms. Smith, to approve variance
request, VAR #92-11, by James Z rngible to reduce the side yard
setback for an accessory structur from 5 feet to 2.5 feet; and to
reduce the rear yard setback fro 25 feet to 17 feet; on Lot 4,
Block 1, Bourdeaux's Springbrook Addition, the same being 8106
Fairmont Street N.E., with the fol owing stipulations:
1.
2.
3.
The accessory structur�
compatible with the exist
The east wall of the acc�
minimum one hour fire rat
from the dwelling unit.
The petitioner shall provide
June 1, 1993.
IIPON A VOICE VOTE, ALL VOTING AYE,
THE MOTION CARRIED IINANIMOIISLY.
shall be architecturally
dwelling unit.
^y structure shall have a
if it is less than 6 feet
hard surface driveway by
Ms. McPherson stated the request would go
at their meeting of�June 29.
2.
CHAIRPERSON V08 DECLARED
efore the City Council
7TD i�A7�'1'
ROESSLER: j .
Per Section 205.07.03.D.(2).(a) of the Fridley City Code, to
reduce the side yard setback from 10 feet to 8 feet, to allow
the construction of a 14 foot addition and basement under a
single family dwelling unit on Lots 46 and 47, Block J,
Riverview Heights Addition, the same being 544 Fairmont Street
N.E.
MOTION by Ms. Beaulieu, seconded by Ms. Smith, to waive the reading
of the publi:c hearing notice and open the public hearing.
IIPON A VOICE VOTE, ALL VOTING AYE, ACTING CHAIRPERSON VOS DECLARED
THE MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 8:00 P.M.
10.24
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APPEALS COMMISSION MEETING. MAY 19, 1992 PAGE 7
Ms. McPherson stated the subject parcel is located on Fairmont
Street west of East River Road. The property is zoned R-1, Single
Family, as are all adjacent properties. The petitioner is
proposing to add a 14 foot x 26 foot addition to the front of the
existing dwelling at 544 Fairmont Street.
Ms. McPherson stated the petitioner was originally going to
construct the addition to meet the 10 foot requirement. However,
the existing dwelling unit does not have a basement and the
petitioner would be required to install the proper frost footings
under the proposed addition. To have frost footings under one side
of the house and not the other would not work.
Ms. McPherson stated the petitioner is proposing to construct a
basement under the house and expand the proposed addition to the
full width of the house. To require that the petitioner not
construct the basement under the whole width of the house would be
impractical as the house is already set back and there is an
existing condition.
Ms. McPherson stated that approval of the variance to correct the
existing condition would be appropriate. However, again, staff
would typically recommend that the addition portion of the request
be denied. because the petitioner has the opportunity to meet the
setback requirements. However, the petitioner is intending to
improve the dwelling unit which is consistent with the City�s long
term goals for improving the housing conditions and maintenance of
existing dwelling units in the community; therefore, the Commission
may want to consider granting the variance in this particular
instance. The property to the west meets the setback requirements
so it would not adversely impact the property to the west to extend
the line of existing encroachment.
Ms. McPherson stated that as staff is required to interpret the
"letter of the law", staff recommends that the variance be denied
for the proposed addition.
Dr. Vos asked staff to clarify that the existing home does not have
a basement and a basement will be constructed under the existing
home which will extend under the new addition.
Ms. McPherson stated this is correct.
Mr. Roessler stated the property has been rental property and is
an eyesore. The house is set back from the street. He and his
family are currently living in the house. If they cannot build,
they will be moving. He spoke with the neighbor to the west, and
she has had some problems with renters so she is happy about a
family being there.
10.25
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APPEALS COMMISSION MEETING. MAY 19, 1992 PAGE 8
Dr. Vos stated the petitioner cannot build to the east because he
would not then be able to get to the garage. The only way to build
is to the west.
Ms. Smith asked what the siding is now on the house.
Mr. Roessler stated the siding is pressed masonite. He plans to
use cedar siding. The addition will be 1 1/2 floors.
Dr. Vos asked if the addition will be 14 feet x 28 feet for the two
floors. '
Mr. Roessler stated, yes, with the basement it will be approxi-
mately 1500 square feet.
Dr. Vos stated the setback of the existing house is 8 feet. The
addition is for 35 feet from the road and will continue along the
house line for another 14 feet. �
MoTION by Ms. Beaulieu, seconded by Ms. Smith, to close the public
hearing.
IIPON A VOICE VOTE, ALL VOTING AYE, ACTING CHAIRPERSON VOS DECLARED
THE MOTION CARRIED AND THE PIIBLIC HEARINC� CL08ED AT 8:07 P.M.
Ms. Smith stated she could see nothing but an improvement. Since
the house is where it is,�adding on will not do anything one way
or another. �
Ms. Beaulieu agreed. There is a hardship because of where the
house is sitting on the lot and the addition will improve the
locale.
Dr. Vos stated the hardship exists with the footings and the
basement. The existing condition is there.
MOTION by Ms. Smith, seconded by Ms. Beaulieu, to approve variance
request, VAR #92-12, by Ronald Roessler, to reduce the side yard
setb�ck from 10 feet to 8 feet, to allow the construction of a 14
foot addition and basement under a single family dwelling unit, on
Lots 46 and 47, Block J, Riverview Heights Addition, the same being
544 Fairmont Street N.E.
IIPON A VOICE VOTE, ALL VOTING AYE, ACTING CHAIRPERSON VOS DECLARED
THE MOTION CARRIED IINANIMOII3LY.
� Ms. McPherson stated this item will go to the City Council.on June
29.
10.26
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PIIBLIC HEARING
BEFORE T$E
APPEAL3 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 19, 1992, at
7:30 p.m. for the purpose of:
Consideration of variance request, VAR #92-12,
by Ronald J. Roessler:
Per Section 205.07.03.D.(2).(a) of the Fridley
City Code, to reduce the side yard setback from
10 feet to 8 feet, to allow the construction
of a 14 foot addition and basement under a
single family dwelling unit on Lots 46 and 47,
Block J, Riverview Heights Addition, the same
being 544 Fairmont Street N.E., Fridley,
Minnesota, 55432.
Any and all persons desiring to be heard shall be given the
opportunity at the above stated time and place.
DIANE SAVAGE
CHAIRPERSON
APPEALS COMMISSION
Any questions related to this item may be referred to the Fridley
Community Development Department, 571-3450.
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 12,
1992.
�G ISST �R UA� #32�=I2 ---,�;
544 Fa�.rm�nt Street-N.E. � '� Mailed: 5/8/92
�nald Rs�essler
544 Fairnx�nt Street N.E.
�ridley, N�.�T 55432
Laramal, Inc.
114Q N. Lilac Drive
Golden Valley, NN 55422
Attn: John Doyle, Pres.
Randal Davi.s
471 Ely �treet N. E R
Friclley, NN 55432
F'rarik Steen
521 k'airlront Stree.t N.E.
Fridley, N�T 5�432
Margaret Hasbrook
531 Fa�rnlont Sti�et �.Ep
Fridley, N�T 55432
Ardella Freitag
537 �'ai rrrr-�nt St�eet N.E.
Fri,dley, N�T 5�432
Sruce En�erson
545 k'ai rnr�nt S�tx2et N.E.
Fr.idley, P+Il�T 55432 �
Ja¢nes Ensley
547 Fa,�.�ront Street N.E�
Fridley, N.�T 5�432
Kent An�rson '
549 Fairlmnt S�'treet N.E..
Fridley, N�T 55432
Walter Streich -�
5C3 �air�zt Street N.E.
k`rr�.dley, N�T 55432
Derir�i.s �on
524 Fa�.xzmnt Street:N.E,
Fridley, N�T 55432
Debxa Langer
548 Fai'r•i�ont Street N.E.
�r�;dle�, P+Il�T 55432
R��ert �
544 Fa�;a�npnt �treet N. E,
�dley�, N�T 55432
�olan B�,t��r
�34 �aa��ont . Street LV. E .
k�a.;dley�, I+�T 55432
Stepfi�n. �i,tzel
134�. �- TQ��h.: �ane : N.E.
ffia3ne, l�d 55434
N.�1 Coo�ex
513 �'ai�nt �txeet N.E.
��`_dle�, l�A�T 55432
IeXone Dxe�el
4!Il _ �a,%rtront . �t;aeet N. E,
�'idZe�r, 1�T 55432
�d �chqlzen
' 48Q Faia�ant �trnet N.�.
�`r�dley�, 1�T 55432
Ra.lph S�ivanson
511 Ely St:reet 1`7.E.
Fridley, Ni�T 55432
Richard Dronen
523 El�` Street N.E.
Fridley, M�T 55432
Jd1n Struck
537 Ely Street N.E.
�ridley, N&�T 55432
Richard Bruesch
549 Ely-Street N.E,
x'ra dley, 1�.V 55432
Cecil �rokc�
552 �ai,rm�nt Street N. E .
Fr%d1ey, NAT 55432
Clara Ma.taskv
5Q1 E:ly Street N.E.
Fr�.dley, NB.V 55432
Diane Savage
567 Rice C�reek Terrace N.E.
�'�adley, MV 55432
City A�an.ager
City Council
� COMMISSION APPLICATION REVIEW
�
FILE NUMBER � o�►� �iN� uATE F1LE DESCRIPTION �#92-12
C�N�F 25 4-2$-92 5-19-92 544 Fai rrmnt St. N.�.
FRIDLEY
COMPLETE REVIEW CHECKLIST AND RETURN TO PLANNING D,EPT.
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COM�IIIENTS
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CITY OF FRIDLEY p
6431 UNIVERSITY AVENUE N.E.
FRIDLEY, MN 55432
(612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT
VARIANCE APPLICATION FORM
PROPERTY INFORMATION - site plan required for submittal; see attached
Address: '�`f y F�i�►-�Qn1-r Si. �_� ��.' ►��� a�..! S.S`���
Property Identification Number (PIl�
Legal description: t� � i s �-� .�N � � � (� kc�cK `� F�� ✓��zv� �� �}ci t, �fi'�3'
Lot Block Tract/Addition
Current zoning: �- b Sq f otag�a�,� .eag �a `� � ro' � ,,, �� �
C��-���5��� —��'��
Reason for varia.nce and hardship: no�;�����sE -r-o H T°r�Fc c�4� �oti�n
C-�-�w�„��+T� G����t� s ycc�s� Section of City Code: �.O�D�. D�,.�. (2��a-�
r
Have you operated a business in a ciry which required a business license?
Yes No X If yes, which ciry?
If yes, what type of business?
Was that license ever denied or revoked? Yes No
FEE OWNER IN ORM TION (as it appears on the property title)
(Contract Purchasers: Fee Owners must sign this form prior to processing)
N� L P� R_ R�i ��, t n/e
ADD�ss t r �o
DAYTIlVIE PHONE SZ � - / 7 �s
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PETITIONER INFORMATION
NAME K�aaD � le.vc�5�-��
ADDRESS J SF�F rr9 �R�to�lT �ST. .�l �., i2�� � Y p?� ��°'S��
SIGNATURE
DAYTIME PHONE S�a-7 ��95
DATE `�-a8'- ��-
�� � � �
Fee: $100.00 $ 60.00 ✓ for residential properties
Permit VAR # !'�,2� - + �i
Application received by: IM . �
Scheduled Appeals Commission da.te:
Scheduled City Council date:
# �� 7 3 9
10.23
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