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AF-V - 40725� ,� CITY OF FRIDLEY 6431 UNIVERSITY AVENUE N.E. �' . FRIDLEY, MN 55432 (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT VARIANCE APPLICATI4N FORM PROPERTY INFORMATION - site plan required for submittal; see attached � Address: 971 Hi�lwind Road NE Property Identification Number (PIN) Legal description: See Attached Survey Lot 6. 7, 8 Block TracdAddition Aud . S ubd . 2 5 Current zoning: ��G�� '{v� �� quare footage! eage 2 0 6 3 0 5 SF Reason for vauiance and hardship: S,(� � 1 ,�S -- p Section of City Code: Have you operated a business in a city which required a busine�s license? Yes _�� No If yes, which ciry7 If yes, what type of business? � � Was that license ever denied or revoked? Yes No � FEE OWNER INFnRMAT�nN (as it appears on the property title) (Contract Purchasers: Fee Owners must sign this form prior to processing) NAME_ Edwin A. Dropps ADDRESS Cvpress Development & Realtv, 8535 Central Ave. NE SIGNATURE ' � ' 1 ' 1, DAYTZME PHONE 7 8 4- 6 01 3 DATE �-'1 " NAME_ Twin Citv Townhomes, C/O Forest Harstad ADDRESS_ 125Q E. Moore Lake Drive, Fridley, MN 55432 SIGNA' Fee: $100.00 x Permit VAR # ` Application received by: _ Scheduled Appeals Commiss Scheduled City Council date: ',.111 # DAYTIME PHONE DATE �.�s .�- � for residential properties � i� � � CITY OF FRIDLEY COMMI88ION APPLICATION REIVEW ------------------ ----------------------- --------------------------- File Number File Date Meetinq Date 14 4-18-94 5-10-9�+ File Description: �3� ��94-0 — —~___— =M=--==M=--==____--_ —_ 971 Hillwind Road N..E. by Twin City Townhomes ;' �ront yard setback ;---- __�""`' � -------------�_�_�� Complete Review Checklist and Return To The Community Development Department Barbara D. Michele M. SCOtt E. John F. John P. Clyde M. Leon M. Dave S. Dick L. *** Comments *** 0 /'°'�, ,'� e _ � � PIIBLIC HEARIN(3 BEFORE THE APPEALS COMMI88ION 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, Map 24, 1994, at 7:30 p.m. for the purpose of: Consideration of variance request, VAR #94-02. by Twin City Townhomes: Per Section 205.04.06.A.(3) of the Fridley Zoning Code, to reduce the setback of a deck/patio in the front yard from 25 feet to 18.9 feet; Per Section 205.09.03.D.(1) of the Fridley Zoning Code, to reduce the front yard setback from 35 feet to 30 feet; Per Section 205.09.05.D.(4).(a) of the Fridley Zoning Code, to increase the width of a driveway from 32 feet to 36 feet; To allow the construction of townhomes on the following property (971 Hillwind Road NL.): That portion of Lot 6, Auditor's Subdivision No. 25, lying in the Southwest Quarter of the Northeast Quarter of the Southwest Quarter of Section 24, Township 30, Range 24, Anoka County, Minnesota, EXCEPTING therefrom the easterly 650.00 feet thereof and EXCEPTING therefrom the northerly 80.00 feet of said Lot 6 lying easterly of the northeasterly right-of-way line of the Outer Drive (Hillwind Road) of the State Trunk Highway and lying westerly of a line 1253.20 feet westerly of the easterly line of said Lot 6, as measured at right angles to and parallel with the east line of said Lot 6. AND that portion of Lot 7, Auditor's Subdivision No. 25, lying in the Southwest Quarter of the Northeast Quarter of the Southwest Quarter of Section 24, Toranship 30, Range 24, Anoka County, Minnesota EXCEPTING therefrom the easterly 650.00 feet thereof and EXCEPTING therefrom the southerly 55.00 feet of the westerly 150.00 feet of the easterly 800.00 feet thereof and lying 40.00 feet north- easterly of LINE 3 which is described as commencing at a point on the east line of Section 24, Township 30 North, Range 24 West, distant 181.30 feet north of the southeast corner thereof; thence run northwesterly at an angle of 78 degrees 39 minutes 45 seconds from said east ^ ,� r� Public Hearing before the Appeals Commission Page 2 section line (as measured from north to west) a distance of 4081.10 feet; thence deflect to the right at an angle of 90 degrees 00 minutes 00 seconds a distance of 244.00 feet to the point of beginning of LINE 3 to be described; thence deflect to the left at an angle of 90 degrees 00 minutes 00 seconds a distance of 276.43 feet; thence deflecting to the right at an angle of 25 degrees 46 minutes 30 seconds a distance of 980.17 feet and said LINE 3 there terminating. AND that portion of Lot 8, Auditor's Subdivision No. 25, lying in the Southwest Quarter of the Northeast Quarter of the Southwest Quarter of Section 24, Township 30, Range 24, Anoka County, Minnesota EXCEPTING therefrom the easterly 800.00 feet thereof and lying northeasterly of the previously described LINE 3. Subject to easements of record. 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 3, 1994. �* PLEASE NOTE THAT THIS MEETING WA8 ORIGINALLY SCHLDIILED FOR MAY 10, 1994. VAR,#Qe4-02 ��AILINa LIBT ��ailed 04/29/94 9`'�1 H:illwind Road N.E. 7/6/94 Twin City Townhomes 8/8/94 Twin City Townhomes c/o Forest Harstad 1250 E. Moore Lk. Dr. Fridley, MN 55432 Sundial Realty, Inc. 961 Hillwind Road N.E. Fridley, MN 55432 Delbert & Agnes Johnson 1271 Hillwind Road N.E. Fridley, MN 55432 Richard Rodgers 1301 Hillwind Road N.E. Fridley, MN 55432 Ind. School Dist. #13 1400 - 49th Street N.E. Columbia Hts., MN 55421 Deorat Jainaraine 1120 Lynde Drive N.E. Fridley, NIl�T 55432 Walter & Dorothy Hansen 1050 Lynde Drive N.E. Fridley, MN 55432 Barbara Notsch 1020 Lynde Drive N.E. Fridley, MN 55432 Edwin Dropps Cyprus Dev. & Realty 8535 Central Ave. N.E. Fridley, NIl�T 55432 Roger Frank 5512 Fillmore St. N.E. Fridley, NIIJ 55432 ICim Hyuan & Hae Young 1291 Hillwind Road N.E. Fridley, NII�T 55432 Ray & Sharon Hatchett 1313 Hillwind Road N.E. Fridley, NII�T 55432 Gary Wojtowicz 1110 Lynde Drive N.E. Fridley, NIl�T 55432 Scott & Connie Masica 1070 Lynde Drive N.E. Fridley, MN 55432 Mary & Nathalie Penn 1040 Lynde Drive N.E. Fridley, MN 55432 Harry & Claire McKinley Box 32154 Fridley, NIl�T 55432 TJV Partnership 961 Hillwind Road N.E. Fridley, I�T 55432 Allen & Pamela Fehn 1249 Hillwind Road N.E. Fridley, MN 55432 Daniel & Mary Sullivan 1473 Windemere Dr. N.E. Fridley, NIl�T 55432 Chad & Connie Norgren 1161 Regis Lane N.E. Fri.dley, NIIJ 55432 Richard & Valerie Rolsta 1100 Lynde Drive N.E. Fridley, NIl�T 55432 Robert & Raryn Prois 1060 Lynde Drive N.E. Fridley, NII�T 55342 William Prince III 1030 Lynde Drive N.E. Fridley, NII�1 55432 Roy & Florence Wells 1000 Lynde Drive N.E. Fridley, NIId 55432 Lynde Investment Co. A& G Enterprises Willard & Mary Lawrence 9801 Oak Ridge Trail 6225 University Ave. AT.E. 5562 Fillmore St. N.E. Hopkins, MN 55343 Fridley, NIIJ 55432 Fridley, M:N 55432 Mailing List �`3�R'- �,�4-02 Page 2 Virginia Helseth 5560 Fillmore St. N.E. Fridley, NII�T 55432 Mark Jensen 5572 Fillmore St. N.E. Fridley, NIlJ 55432 � Catherine Faucher 5586 Fillmore St. N.E. Fridley, MN 55432 Clarke & Bonnie Koehler 5570 Fillmore St. N.E. Fridley, MN 55432 �, Shirley Schlie 5588 Fillmore St. N.E. Fridley, MN 55432 Doris McKay 1993 Ashland Avenue St. Paul, NIN 55104 Rolche Partnership Independence Ten State of Minnesota 3647 McKinley St. N.E. 7240 Brooklyn Boulevard c/o Anoka County Minneapolis, NII�T 55418 Brooklyn Ctr., NII�T 55429 Property Records/Tax 2100 - 3rd Avenue Anoka, NIl�T 55303 Diane Savage 567 Rice Creek Terr. Fridley, MN 55432 Ted McCarty 1051 Lynde Drive N.E. Fridley, MN 55432 City Council City Manager Adam Hall 1970 Tunis Road Green Bay, WI 54311 � Twin City Townhomes, Inc. -Havst�zc� Quality �nd Design Since 1959- 1250 EAST MOORE LAKE DRIVE, SUITE 200, FRIDLEY, MN 55432 220-9000 City of Fridley 6431 University Ave Fridley, MN 55432 Post-it° Fax Note �Z671 � �_ To�ji�r�( rd� � r..�.�7i co✓oePC. f��e�r�� Phone #�� 7 � � � � � � re: Variance requests for Hillwind Townhomes. Dear City of Fridley: � �� #%'�3'�✓?�Zi �%� P � °�li�s 20 May 94 This long-vacant, irregularly shaped parcel is abutted by townhomes to the south, freeway frontage road to the southwest, commercial buildings to the west, apartment buildixigs to the northwest, duplexes to the north, a grade school across the street to the east, and an old single family farm home at its southeast corner with newer single family homes further east of that . Dividing the parcel in two (approximately one-third to the west and two-thirds to the east) is a proportionately large wetland. T'he zoning of the parcel is approximately two-thirds high density, multi-family residential to the west, and one-third single family residential to the east. The wetland is therefore entirely within the high density zone. Naturally, the soil adjacent to the wetland is poor for construction. It so ha.ppens that the soil to the west of this wetland would need prohibitively expensive correction in order to support a building. The soil immediately to the east of this wetland is poor too, but not nearly as poor as that to the west. The result is such that a multi-family building which was large enough to include somewhere near the maximum number of apartments allowed by the present zoning would justify the soil correction expense, but only by using the maximum number of floors allowed so as to keep the footprint of the building minimized. That means a six-story apartment building -100 feet by 200 for a total of 120,000 square feet works- which ad.ds up to over 100 apartments. It so happens that the portion of the parcel that is zoned high-density is large enough to handle the parking necessary for such an apartment building by putting about one-third of the stalls across from the apartment building on the west side of the wetland. Now, the wetland configuration includes a long, narrow finger jutting southwest clear to a very steep embankment along the southwest border of the property up to Hillwind Road. (This wetland was at least partially created by a storm water drainpipe installed in that embankment some years ago to drain the cloverleaf interchange of the nearby highways 694 and 65). Thus, the configuration of the wetlands and the embankment prohibits access between the buildable portion of the parcel east of the wetlands and Hillwind Road to the south andlor west, as well as with Polk Street to the northwest. But with a relatively inexpensive foot bridge across the narrow part of the wetland, parking for the apartment building can be divided so as to provide access to all three of the nearby streets without having to mitigate wetland. '�� i� Thus, a large apartment building and a few entry level, single family homes will fit the parcel just as it is zoned today with no need for any variance request at all. This all adds up to the market value of the land today. The present landowners want to sell the land; and, they have now been approached by a buyer who would like to do just such a project there. But a high-rise apartment building is definitely not in the best interest of the neighbors or the City. Which all together makes for hardship. The highest and best use of this land today is not a high-rise apartment building. Considering the variety of neighboring land uses, it is a new neighborhood of owner-occupied townhomes. Townhomes would make the perfect transition between a11 of the neighboring land uses. Twin City Townhomes entered into agreement with the landowners before the apartment developer came along. We have buyers today clamoring for our high-quality, upper-mid density townhomes like those which have been so well received in St. Anthony Village, Vadnais Heights, New Brighton, and Spring Lake Park. This parcel happens to work for our townhomes so that we can pay the landowners wha.t they want -and can get- for their land today -but only if we can get enough units approved, and then provide a high enough quality development that the buyers of the day will pay enough to justify the price of the parcel of raw land. Therefor the configuration of the wetlands along with the topography of the parcel, plus the condition of the soils necessitates a request for zoning change or special use permit as well as for three minor variances in order to viably provide the quality neighborhood that Twin CiTy Townhomes builds so successfully. We need 41 units on the east side of the wetland to include that portion which is toda.y zoned single family, along with five units along Hillwind Road on the west, plus an agreement that part of the park dedication requirement will be met by the dedication of that part of the parcel which is northwest of the wetland. That's 46 units of owner-occupied townhomes with a sma11 park, verses over 100 units of rented apartments with a large pazking loth. We don't need all the variances to do this development. They just improve the quality of the new neighborhood. Those variances are: a reduction of the setback requirement for the building facing Fillmore (a mere 5 feet), a reduction of the setback requirement for the private patios at the front doors of the two interior units that face Fillmore (15 feet of concrete patio with a privacy screen and landscaping in front of it), and an increase in driveway width for the two driveways at the curb of Fillmore (4 feet extra -which is still narrower than other driveways on the same street in the immediate neighborhood.) The Fillmore setback variances allows wider, safer streets between buildings, and a safer slope to the wetland on their west. The extra driveway width at the curb of Filmore allows straight driveways rather than pinched down at the curb, which help keep snowplows from damaging landscaping and which ofFer greater off-street parking for a more appealing new neighborhood. In a nutshell: pr /y �R, ( Hardship: Because the 1991 Wetland Conservation Act requires avoidance of all wetland impacts, the topography of the land as it is complicated by the position of the bisecting wetland prohibits access between the eastern, larger portion of the parcel and the roads to the southwest and northwest. That, combined with the diversity of the surrounding land uses, and with the fact that the neighbors strongly prefer as few units as possible, and as little additional traffic as possible make for significant hardship since the density that the parcel demands for viability as it has been zoned since 1958 is high. Further, the soils to the west of the wetland are not conducive to the construction of a building. The hardship is best resolved by a new neighborhood of high-quality townhomes. That higher quality demands wider streets and driveways than the site affords without variances. Thus, the variances are in the best interest of the comunity. Solution: Approve the proposal with the three vaziance requests. Sincerely, CEO, Twin City Townhomes, Inc. FKH/me /� �""� � . C��OF � FRIDLEY � PRII�LEY MUNICIPAL CENTER • 6=331 UNIVERSITY AVE. N.E:. FRIDLEY. \t\ ��-l3? • �(,I?) 571-�4i0 • FAX (61_'J 571-I ��7 July 6, 1994 Subject:� Rezoning, Vacation, Plat, and Variance Requests by Twin City Townhomes, by Forrest Harstad Dear Property Owner: The Fridley City Council conducted public hearings on the above reques�s at its June.20�, 1994 meeting. . At that meeting, it was announced that the items would be scheduled for consideration by the City Council at its July 11, 1994 meeting. This notice is to inform you that these items will NOT be on the July il, 1994 meeting. Staff will notify you as to when these items will be scheduled for City Council consideration. If you have any questions or concerns, please contact me at 572-3593. Sin erely, �\ GG�� .oA/�._-.� Mi hele McPherson, BLA Planning Assistant MM/dn C-94-174 �'�. ; _"ti _ CIIYOF FR[DLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY. MN SS�132 •(612) 571-3450 • FAX (612) 571-1287 August 8, 1994 Sub�ect: Consideration of Forrest Harstad Development Proposal; Plat, Vacation, Variance, and Rezoning Requests by the City Council Dear Property Owner: The above items will be considered by the Fridley City Council at its Monday, August 15, 1994 meeting. These items will appear near the beginning of the City Council meeting which begins•at 7:30 p.m, in the Fridley City Council Chambers. If you have any questions regarding these items, please contact the Community Development Department at 572-3593. Sincerely, �G.I;,GVU' .4 �r Mi hele McPherson, BLA Planning Assistant MM/dn C-94-199 � _ S I � � Community Development Department PLANNING DIVI�ION City of Fridley DATE: August 11, 1994 � TO: William Burns, City Manager �� FROM: SUBJECT: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant Variance Request, VAR #94-02, by Forrest Harstad; Generally Located at Hillwind Road and Fillmore Street The Appeals Commission reviewed the variance request at its May 24, 1994 meeting. The variance request is in three parts: 1. 2. 3. To reduce the front yard setback from 35 feet to 30 feet. To reduce the setback for a patio in the front yard from 25 feet to 18.9 feet. Increase the width of the a driveway from 32 feet to 36 feet. The Appeals Commission voted unanimously to recommend approval of the variance request subject to the following stipulation: 1. Rezoning request, ZOA #94-02, Vacation request, SAV #94-02, and Plat request, P.S. #94-04, shall be approved. MM/dn M-94-448 - - - � � ;�''� � � S TAFF REP O RT� C�mmunity Development Department Appeals Commission Date Planning Commission Date City Council Date : August May 24, 1994 15, 1994 APPLICATION NUMBER: ♦ VAR 94-02 PETITIONER• ♦ Forrest Harstad representing Twin City Townhomes LOCATION• ♦ 971 Hillwind Road, generally located northeast of Hillwind Road and west of Fillmore Street REOIIEBT: ♦ Reduce the front yard setback from 35 feet to 30 feet. Reduce the setback for a patio in the front yard from 25 feet to 18.9 feet. Increase the width of a driveway from 32 feet to 36 feet. BACRGROIIND• ♦ The petitioner is proposing to construct 41 condominium units on the subject parcel. The parcel is zoned both R-1, Single Family and R-3, General Multiple Family. The Planning Commission reviewed a rezoning, vacation, and plat request for the project at its May 18, 1994 meeting. All of the variances apply to the building located adjacent to Fillmore Street. Four units will be affected by the variance request. �xALYSis• ♦ Front Yard Setback Section 205.09.03.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. ._ � � Staff Report VAR #94-02, 971 Hillwind Road N.E. by Forrest Harstad Page 2 ♦ ♦ The petitioner requests that the front yard setback be reduced to 30 feet. There is adequate room on site to meet the setback requirement, however, the petitioner would prefer not to reduce the 24 foot wide private driveways between the buildings. Two buildings are located perpendicular to the north lot line. Shifting the building pads toward the wetland would also increase the slope near the wetland from the edge of the driveways. A total of 37 feet remains between the dwelling and the curb. The twinhome to the north is set back 35 feet. In the past, the City has granted variances to the front yard setback of 22, 17.5, and 13 feet. This request is within these variances. Front Yard Patio Setback Section 205.04.06.A.(3) requires decks to not extend more than ten feet into any required front yard setback. Public purpose served by this requirement is to maintain appropriate green space and to prevent the appearance of overcrowding in residential neighborhoods. The proposed condominium design includes patios with privacy walls adjacent to the front entries. Unenclosed decks and patios are permitted to encroach 10 feet into the front and rear setbacks. The typical encroachment would result in a 25 foot setback. Due to the request to reduce the front yard setback, the setback for the patios will also be reduced. Because the patio is not enclosed, site lines should not be affected. No similar variances have been requested in the past. Driveway Widths Section 205.09.05.D.(4).(a) of the Fridley Zoning Code requires a maximum driveway width of 32 feet. Public purpose served by this requirement is to provide adequate space to safely maneuver vehicles. The petitioner is proposing to construct two car garages part of the unit design. The driveways in front of the individual garages are proposed to be 36 feet wide. The : : as R-3 _ " s / �\, ; � Staff Report VAR #94-02, 971 Hillwind Road N.E. by Forrest Harstad Page 3 regulations limit the width of a driveway to 32 feet. The regulations do not distinguish between an individual unit driveway and driveways that serve entire developments. The R-1 and R-2 regulations do not limit the width of a driveway to single family units or duplexes. One of the twinhomes north of the subject parcel has a driveway width of 38 feet. No similar variances have been requested in the past. The code appears to assume that driveways in R-3 serve the entire development versus driveways for individual units. STIPIILATION• ♦ If the Commission chooses to approve the requests, staff recommends the following stipulation: l. Rezoning, ZOA #94-02, Vacation, SAV #94-02, and Plat, P.S. #94-04, shall be approved. APPEALS COMMIBSION RECOMMENDATION ♦ The Appeals Commission unanimously recommended approval of the three variance requests subject to: 1. 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NULTIPLE DWO'S � PUO PLANNED UNIT DEY. �--% � .'" _— ' 7 _ —� H' } ❑ �� q-t YOB�IE MOME PAPI( ❑ S-1 MtDE PAHK NEIGNBOpN000 P V PUBLIC FAC�LIT�ES ❑ S-t REDEVELOPMENT OISTFICT 0 J7 RD. �-�r ❑ O-/ CREEK 6 RIVER PflESERVATION '� C-1 IOCAI BUS�NESS � �F � C�2 GENERAL BUSINESS O-3 CRITICAL AREA Q I z � �'� C-3 6ENERAI $HOPP�NG ��-7 �q I u VACA�EO STREETS LJ �1 �1 GENERAL OFFICE � ` ' � � ti .. . ZONING IIII14F' � � . Forest Harstad P.S^"''�94-04; 5AV ��94-02; ZOA ��94-02 B � Z� S � � � z �° �<��, � �� ; � W N �^,o � -..�. n �F �� 4 �s� ,j ��i�� 1 �� .��a �s �� ,� � 3CNo�� y� �8 �� SI�'E PLAN � Forrest Harstad P.?"`k��94-04; SAV ��'94-02; ZOA �F94-02 � --�J V / W � 0 �� _ � _ ,, 3F.00' �' , . � --. 4 - �,� ^ n � �\ � T SITE PLAN - - - . �'O. ,�'`� Variance # VAR #86-01 VAR #86-27 VAR #86-28 VAR #86-34 VAR #87-14 VAR #87-16 VAR #87-28 VAR #$7-30 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 v�x #9i-o2 VAR #91-09 VAR #91-11 VAR #91-12 VAR #92-09 VAR #92-14 VAR #92-16 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 Street 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 .' •L] 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. ta 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. 8L 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. e' _- ° /L,. +,�r� CITY OF FRIDLEY APPEAL3 COMMIS3ION MEETING, MAY 24� 1994 ____.,___..____________________..__________________________..________ CALL TO ORDER• Chairperson Savage called the May 24, 1994, Appeals Commission meeting to order at 7:30 p.m. ROLL CALL• Members Present: Diane Savage, Larry Kuechle, Ken Vos, Cathy Smith Members Absent: Carol Beaulieu Others Present: .Forrest Harstad, Twin City Townhomes Bill Johnson, Amoco Oil Richard Larsen, Amoco Oil Chris Rodgers, 6050 - 6th Street N.E. See attached list APPROVAL OF MARCH 29, 1994. APPEALS COMMISSION MINUTES' MOTION by Ms. Smith, seconded by Dr. Vos, to approve the March 29, 1994, Appeals Commission minutes as written. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED IINANIMOIISLY. 1. CONSIDERATION OF VARIANCE RE4UEST VAR #94-02 BY TWIN CITY TOWNHOMES • Per Section 205.04.06.A.(3) of the Fridley Zoning Code, to reduce the setback of a deck/patio in the front yard from 25 feet to 18.9 feet; Per Section 205.09.03.D.(1) of the Fridley Zoning Code, to reduce the front yard setback from 35 feet to 30 feet; Per Section 205.09.05.D.(4).(a) of the Fridley Zoning Code, to increase the width of a driveway from 32 feet to 36 feet; To allow the construction of townhomes on the following property (971 Hillwind Road NE.): That portion of Lot 6, Auditor's Subdivision No. 25, lying in the Southwest Quarter of the Northeast Quarter of the Southwest Quarter of Section 24, Township 30, Range 24, Anoka County, Minnesota, EXCEPTING therefrom the easterly 650.00 feet thereof and EXCEPTING therefrom the northerly 80.00 feet �•� ►'� E , �� 1"`� . ,, APPEALS COMMIS3ION MEETING, MAY 24, 1994 PAGE 2 of said Lot 6 lying easterly of the northeasterly right-of- way line of the Outer Drive (Hillwind Road) of the State Trunk Highway and lying westerly o� a line 1253.20 feet westerly of the easterly line of said Lot 6, as measured at right angles to and parallel with the east line of said Lot 6. AND that portion of Lot 7, Auditor's Subdivision No. 25, lying 'in the Southwest Quarter of the Northeast Quarter of the Southwest Quarter of Section 24, Township 30, Range 24, Anoka County, Minnesota EXCEPTING therefrom the easterly 650.00 feet thereof and EXCEPTING therefrom the southerly 55.00 feet of the westerly 150.00 feet of the easterly 800.00 feet thereof and lying 40.00 feet north-easterly of LINE 3 which is described as commencing at a point on the east line of Section 24, Township 30 North, Range 24 West, distant 181.30 feet north of the southeast corner thereof; thence run northwesterly at an angle of 78 degrees 39 minutes 45 seconds from said east section line (as measured from north to west) a distance of 4081.10 feet; thence deflect to the right at an angle of 90 degrees 00 minutes 00 seconds a distance of 244.00 feet to the point of beginning of LINE 3 to be described; thence deflect to the left at an angle of 90 degrees 00 minutes 00 seconds a distance of 276.43 feet; thence deflecting to the right at an angle of 25 degrees 46 minutes 30 seconds a distance of 980.17 feet and said LINE 3 there terminating. AND that portion of Lot 8, Auditor's Subdivision No. 25, lying in the Southwest Quarter of the Northeast Quarter of the Southwest Quarter of Section 24, Township 30, Range 24, Anoka County, Minnesota EXCEPTING therefrom the easterly 800.00 feet thereof and lying northeasterly of the previously described LINE 3. - Subject to easements of record. MOTION by Mr. Kuechle, seconded by Ms. Smith, to waive the reading of the public hearing notice and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:32 P.M. Ms. Dacy stated the subject parcel is located west of Fillmore Street and south of Polk Street. It totals 5.11 acres in size. The property is zoned both R-1, Single Family Dwelling, and R-3, General Multiple Dwelling, the R-3 being primarily on the western portion of the property and totalling about 3.44 acres. The R-1 portion of the property abuts Fillmore Street and totals 1.67 acres. Ms. Dacy stated the petitioner is proposin site into condominium units. The subject of to the easterly-most building which is an building which abuts Fillmore Street. Four ',•� ► i g to develop the 5 acre this variance pertains eight unit condominium units immediately face e , � � � APPEAL3 COMMISSION MEETING, MAY 24, 1994 PAGE 3 Fillmore Street and the remaining four units are to the rear and face to the inside of the development. This building is one of five buildings proposed to be constructed on the eastern portion of the property. Ms. Dacy stated the three variance requests are: 1. To reduce the� front yard setback for a main building from 35 feet to 30 feet. 2. � To reduce the setback for a deck/patio in the front yard from 25 feet to 18.9 feet. 3. To increase the width of a driveway from 32 feet to 36 feet. Ms. Dacy stated that regarding the variance for the patio, the code requires decks to not extend more than ten feet into the front yard setback. Under normal circumstances, the patio could be 25 feet away from the lot line, but the petitioner is proposing 18.9 feet. Ms. Dacy stated the R-3 district requires a maximum driveway width of 32 feet. The petitioner is proposing a 36 foot wide driveway. ' Ms. Dacy stated that existing twinhomes are located to the north of the subject property. In the northwest corner of the site is _ a wetland. The petitioner is proposing to construct a detention pond so the runoff from the development will drain into the pond prior to going into the wetland. Ms. Dacy stated three other development requests are associated with this development plan: 1. Rezoning request from R-1, Single Family Dwelling, to R- 3, General Multiple Dwelling 2. Vacation request to vacate a portion of Hillwind Road 3. Plat request to replat the property Ms. Dacy stated the Planning Commission reviewed these three requests on May 18, 1994, and recommended approval, subject to approval of this variance request. Appeals Commission action will be a recommendation to the Council. Front Yard Setback from 35 Feet to 30 Feet Ms. Dacy stated that typically the public purpose of this setback is for aesthetic considerations in order to preserve the building line of sight and to reduce encroachment into a neighbor's front yard. The proposal is for a 30 foot setback. The building to the north is set back at the required 35,feet from Fillmore Street and is approximately 20 feet away from the common lot line. One option is to shift the building to the west by approximately five feet. : • . ,�.. �.. . APPE�ILS COMMISSION MEETING, MAY 24, 1994 PAGE 4 The petitioner does not want to do this because of the ultimate impact onto the wetland. Another option is to reorient the site somehow and/or to reduce the amount of units on the property. Front Yard Patio Setback Ms. Dacy stated this is a feature that will exist for each of the units. These patios are not only located in front of the buildings, but also on the side of the buildings and at the rear of the buildings to provide a patio for each of the units. Therefore,.the setback for this unenclosed patio is dependent upon the front yard setback. Driveway Width Ms. Dacy stated the R-3 district stipulates a maximum driveway width of 32 feet. This is the same requirement in the Zoning Ordinance that is for commercial and industrial properties. Staff's interpretation is that the intent of that requirement is for driveways that serve developments in general, i.e., the main entrance into the development. The petitioner's entrance is 24 feet as are other driveways in the development. Ms. Dacy stated the requirement in the Zoning Ordinance does not address specific driveway accesses as is proposed in this case. The driveway restriction is not in the R-1, Single Family Dwelling, or the R-2, Two Family Dwellings, parts of the ordinance. The third twinhome to the north of the property has about a 40 foot wide driveway. In some cases with the twinhomes, there is a separation between the two driveways, but there are other instances in the R-2 district where there is a wider driveway. Ms. Dacy stated that, as an option, the petitioner could reduce the width of the driveway to 32 feet and narrow it as it approaches the curb line. Ms. Dacy stated that, in the past, the City has granted front yard setbacks to as low as 13 feet. Staff has not found any variances regarding the driveway width for this particular type of instance. Ms. Dacy stated that if the Commission recommends approval of the variance request, staff recommends the following stipulation: 1. Rezoning, ZOA #94-02, Vacation, SAV #94-92, and Plat, P.S. #94-04, shall be approved. Mr. Forrest Harstad stated he has written a letter to the Commission dated May 20, 1994, which outlines his request and hardship. Since the Commission members had not received the letter until the meeting, he read the letter to the Commission. He stated his hardship is as follows: "Because the 1991 Wetland Conservation Act requires avoidance of all wetland impacts, the topography of the .. . � "", APPEALS__COMMISSION MEETING, MAY 24, 1994 PAGE 5 land as it is complicated by the position of the bisecting wetland prohibits access between the eastern, larger portion of the parcel and the roads to the southwest and northwest. That, combined with the diversity of the surround land uses, and with the fact that the neighbors strongly prefer as few units as possible, and as little additional traffic as possible, make for significant hardship since the density that the parcel demands for viability as it has been zoned since 1958 is high. Further, the soils to the west of the wetland are not conducive to the construction of a building. "The hardship is best resolved by a new neighborhood of high quality of townhomes. That higher quality demands wider streets and driveways than the site affords without variances." Mr. Harstad stated variances are not needed to do this, but they will improve the quality of the new neighborhood. The Fillmore setback variance allows wider, safer streets between buildings and a safer slope to the wetland on the west. The e�ra driveway width at the curb of Fillmore allows straight driveways (rather than pinched down at the curb) which help keep snowplows from damaging landscaping and which offer greater off-street parking for a more appealing new neighborhood. Mr. Kuechle asked Mr. Harstad to explain why he cannot stay within the 35 foot front yard setback. � Mr. Harstad stated that moving the buildings farther to the west actually makes the grade from the western�driveway down to the pond too steep�causing a safety hazard. The way to actually get those buildings five foot further from the curb would be to narrow down the 24 foot private driveways between buildings. They could do that and still meet the City's ordinance. Dr. Vos asked if parking would be allowed in the private driveways. Mr. Harstad stated the Fire Department has insisted that there be no parking in these driveways. He stated he has provided more parking than is required by the City. Mr. Harstad stated the reason for the variance to increase the driveway width from 32 feet to 36 feet is because that is the width of two abutting double car garages. He could pinch the driveways down two feet on either side, but the sod is always driven over. He stated that, again, he does not need this variance, but it makes for a nicer project and it looks more presentable. Dr. Vos stated that the petitioner could also leave a green strip between the driveways in order to eliminate the variance. : !�� • � /�►� �!•� APPEALS COMMI88ION MEETING, MAY 24, 1994 PAGE 6 Mr. Harstad stated that in his experience, that area is usually always mud. • Ms. Sue Williams, 5568 West Danube Road, stated this development looks like it is mostly blacktop which is depressing. The City needs to develop more codes for more green space. She could not imagine anyone wanting to live in a place like this. In 20 years these townhomes will turn into a slum. That is what is happening to the Innsbruck Townhomes where they are being taken over by rental and lots of children. She stated she would say °no" to this development. MOTION by Dr. Vos, seconded by Mr. Ruechle, to close the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPER30N SAPAGE DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING CLOSED AT 8:00 P.M. Dr. Vos stated he believed the front yard variance request from 35 feet to 30 feet is a minimal variance in a townhome development. The patio setback is dependent upon the front yard setback. The increase in driveway width from 32 feet to 36 feet seems reasonable when it is for two double car garage next to each other. He did not see any advantage in pinching the d�iveways two feet on each side to meet the code when people will just drive on the sod. He would recommend approval of all three variances. Ms. Smith agreed. She believed the letter of the code is being met. There will be no disruption in traffic sight lines with the property on the interior curb. Mr. Kuechle also agreed. He stated he has the most trouble with the front yard variance from 35 feet to 30 feet; however, gaining more front yard space at the expense of squeezing the rest of the development will give an even stronger effect of all blacktop. Most of the green space is on the Fillmore Street side; and if they require the petitioner to move the building back five feet, it will take five feet away from the other buildings' front yards. Also, the impact is mitigated somewhat by the tapered lines on the ends of the buildings which tends to make the buildings look like they are set back further. He believed the increase in driveway width from 32 feet to 36 feet is really a given because it is just putting two double car driveways together. Ms. Savage stated she would recommend approval of the variances for the same reasons given by the other commissioners. MoTION by Dr. Vos, seconded by Mr. Kuechle, to recommend to City Council approval of variance request, VAR #94-02, by Twin City Townhomes, per Section 205.04.06.A.(3) of the Fridley Zoning Code, to reduce the setback of a deck/patio in the front yard from 25 feet to 18.9 feet; per Section 205.09.03.D.(1) of the Fridley Zoning Code, to reduce the front yard setback from 35 feet to 30 feet; per Section 205.09.05.D.(4).(a) of the Fridley Zoning Code, C li] } � ` ,�1 '�•.. APPEALS COMMIS3ION MEETING, MAY 24, 1994 PAGE 7 to increase the width of a driveway from 32 feet to 36 feet, to allow the construction of townhomes at 971 Hillwind Road N.E. , with the following stipulation: " 1. Rezoning, ZOA #94-02, Vacation, SAV #94-92, and Plat, P.S. #94-04, shall be approved. IIPON A VOICE VOTE� ALL VOTING AYE� CH�iIRPERSON SAVAGE DECLARED THE MOTION CARRIED IINANIMOIISLY. Ms. Dacy stated the public hearing for the rezoning, vacation, and plat requests will be held at the June 20, 1994, Council meeting. The variance request and first reading of the ordinances for the first three requests will be scheduled for the July 11, 1994, City Council meeting. CONSIDERATION OF VARIANCE REQUEST VAR #94-03, BY AMOCO OIL COMPANY• Per Section 205.14.03.C.(4) of the Fridley Zoning Code, to '�educe the setback from an adjacent residential district from 5(7�feet to 19 feet; Per ction 205.14.05.D.(5).(d) of the Fridley Zoning Code, to red ce the hard surface setback from 5 feet to 0 feet along the eas side of the addition; To allow t e�ansion of an automobile service station on Lots 16, 17, 8, and 19, Block 13, Hamilton's Addition to Mechanicsville, according to the map of plat thereof on file and of record in he Office of the Register of�Deeds in and for Anoka County, 'nnesota, the same being 5311 University Avenue N.E. MoTION by Ms. Smith, seconded y Mr. Kuechle, to waive the reading of the public hearing notice a open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE�I�IRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARI OPEN AT 8:05 P.M. Ms. McPherson stated the subject pro rty is located at the intersection of University and 53rd Avenu s. The petitioner is proposing to construct a 12 foot by 15 foot torage addition onto the rear of the building. The subject prop ty is zoned C-2, General Business. The property directly to the st is zoned R-3, General Multiple Dwelling, and there is R-2, Two mily Dwelling, approximately two blocks from the subject property. Ms. McPherson stated the petitioner has also applied fo a special use permit as required by the C-2 zoning requirements to low the expansion of the use. The original service station was cons cted in 1959, and a special use permit was issued in 1978 to allow car wash expansion to the automotive service station. C• r� � i� . FRIDLEY CITY COIINCIL MEETIN(3 OF AIIGIIST 15, 1994 PAGE 14 Councilwoman Jorgenson was concerned abo he dirt from the trucks on the residential streets flowing.in Moore Lake. She felt that this•issue should b�e addressed. � Ms. Dacy stated that this. ld be included in the developer's agreement that the roads e to be kept clean. Mr. Flora stated'tha� this could also be handled with the building permit without an problem. .• , UPON A VOIC OTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Nee eclared the motion carried unanimously. 8. 1994' A. VARIANCE REOUEST. V�1R #94-02 BY FORREST HARSTAD OF TWIN CITY TOWNHONlES, TO REDUCE THE FRONT YARD SETBACK�FROM 35 FEET TO 30 FEET IN ORDER TO ALLOW THE CONSTRUCTION OF TOWNHOMES GENERALLY LOCATED AT 9�1 HILLWIND ROAD N.E.: Ms. Dacy, Community Development Director, stated that this variance pertains to the eight-unit building in Mr. Harstad's development. She stated that the request is to reduce the front yard setback from 35 feet to 30 feet. She.stated because.the proposed condo-� minium design.includes patios with privacy walls adjacent to the front entries, the setback for the patios will also.be reduced €rom the required 25 feet to 18.9.feet. She stated��that because the patio is� not enclosed, site lines should not be affected. She stated that the petitioner is also�proposing a 36 foot wide drive-� way. The R-3 regulations limit the width of a driveway to 32 feet, so a variance is needed. Ms. Dacy stated that the Appeals Commission recommended approval of all three variances subject to approval of the re.zoning, vaca- tion, and plat request. She submitted photographs of the proposed townhomes showing the front entry areas. MOTION by Councilman Schneider to concur with the recommendation of the Appeals Commission and grant Variance Request, VAi2 #94-02, by Forrest Harstad of Twin City Townhomes to reduce the front yard setback from 35 feet to 30 feet; to reduce the setback for the front patios from 25 feet to 18.9 feet; and to increase the width of the driveways from 32 feet to 36 feet. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unaMimously. Mr. Harstad stated that he wished to thank Council for their approval of his development and for the excellent help he received from the City staff who worked with him on this development. � � FRIDLEY CITY COUNCIL MEETING OF AIIGIIST 15, 1994 pAGE 13 development parcel and 5512 Fillmore Street to allow the resident at 5512 Fillmore Street to use the access drive; (5) the pet'tioner shall draft for City Attorney review and execute and recor a hold harmless agreement indemnifying the City from,liabilit for.the private improvements as a result of work on the public ewer line; (6) the petitioner shall construct a cul-de-sac at th end of Polk Street; (7) the petitioner shall submit a letter of redit in the amount of three percent of the construction value not to exceed $60,00, to cove•r the outdoor improvements; (8) he condominium declarat'ion sliall include the layou� of the pro ect as sulimitted on the site plan dated June 23, 1994. The decla ation shall comply with the requirements of Minnesota Statute C pter 515A; and (9) the grading and drainage plan shall be amend to conforna with the recommendations stated in Scott Erickson's memorandums dated May 13 and June 8, 1994; (10) Outlot A sh 1 be included in the subdivision with Outlot A containing no ore than six residential units. Access to the residential uni s shall be dire,cted onto Hillwind Road. Seconded by Councilman Billings. . MOTION by Councilman Schneider to a end Stipulation No. 1(D) to read as follows: ".The grading pla shall be amended to indicate the trees to be preserved in consu ta�ion with the City's planning staff." Seconded by Councilman illings. Upon a voice vote, all voting aye, Mayor Nee declared . e motion carried unanimously. MOTION by Councilman Billings to eliminate Stipulation Nos. 7 and 10. Seconded by Councilwom Jorgenson. Upon a voice. vote, all voting aye, Mayor Nee decl ed the motion carried unanimously. MOTZON by Councilman as follows: (6) the right-of-way for the to requesting a build Street, the petitione� said cul-de-sac an Seconded by Counci a Bil ings to amend Stipulation��To. 6 to read �e tioner shall, provide an easement for the �-de-sac at the end of Polk Street. Prior ' g permit for the duplex at the end of Polk � shall petition the City for construction of assess costs to benefitting properties. n Schneider. Upon a voice vote, all voting aye, Mayor Nee de ared the motion carried unanimously. MOTION by Counci man Billings to amend Stipulation No. 2 by adding subsection (G) o read as follows: (G) the petitioner shall pro- vide an eas� end of Polk duplex at th City for co fitting p � voice vot , unanimou ly. :m t for the right-of-way for the cul-de-sac at the 5 reet. Prior to requesting a building permit for the end of Polk Street; the petitioner shall petition the struction of said cul-de-sac and assess costs to bene-� �erties. Seconded by Councilman Schneider. Upon a all voting aye, Mayor Nee declared the motion carried MOTION by Councilman Schneider to add an additional Stipulation No. 9 to read as follows: (9) plat approval is subject to final appr al by Anoka Count�r of the detailed mylars. Seconded by Cou cilman Billings. Upon a voice vote, all voting aye, Mayor Nee de ared the motion carried unanimously. � � � � �_� _ � � _ C1TY OF � FRIDLEY FR[DLEY Ml'\ICIPAL CENTER • 6431 U�IIVERSITY AVE. N.E. FRIDLEY, MN 55=�32 • �612� 571-3�i0 • FAX (612) 571-12i37 CITY COUNCIL ACTION TAKEN NO,TICE August 22, 1994 Twin City Townhomes ForrPst Harstad 1250 East Moore Lake Drive N:E. - ___ Fridley, MN 55432 � - Dear Mr. Harstad: on August 15, 1994, the Fridley City Council officially approved your request for a variance, VAR #94-Q2, to reduce the front yard setback from 35 feet to 30 feet; to reduce the setback for the front patios from 25 feet to 18.9 feet; and to increase the width of the driveways from 32 feet to 36 feet, all in order to allow the construction of townhomes, generally located at 971 Hillwind Road 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. Your other requests for approval will be scheduled when the plat has been approved by Anoka County. Please contact me when that review has been completed. --- If ycu have any questions regar�?n�he a ove action,_ please call me at 572-3590. Sincerely, Barbara Dacy, AICP Community Development Director BD/dn cc: cypress Development and Realty . , i"1 Forrest Harstad August 22, 1994 Page 2 �"� Please review the above, sign the statement below and return one copy to the City of Fridley Planning Department by September 5, 19 9 4 . �� _�� Concur �"ith a �"n taken. ;��