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VAR90-061 ' . � � � l STATE OF 1�NNESOTA COUNTY OF ANOBA CITY OF FaIDLEY In the Irlatter oP _ a variance, VAR �F'90-06 Morris Benson , O�,tner ��\ 92�:9�8 CITY COIINCIL PROCEEDINGS YARIANCE The above entitled matter came before the City Council of the City of Fridley aad t�as heard on the 23rd daq of _ Anril , 1 g 90 , on a petition for a variance pursuant to the City of Fridley�s Zoning Ordinance, for the follorring described property: To reduce the side yard setback from 10 feet to 5 feet on Lot 6, Block 2, Gundersoa Terrace, the same being 1400 Fireside Drive id.E. . IT IS ORDERED that a variance be granted as upott the following eonditions or reasons: See City Council meeting minutes from April 23, 1990. ` STATE OF MINNESOTA ) COUNTY OF ANOgA ) OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) I� Shirley A. Haapala, City Clerk for the City of Fridley With and in for said City of Fridleq, do hereby eertify that I have compared the Poregoing eopy and Order granting a variaaee with the original record thereof preserved in �}r oPfice, and have Pound the same to be a correet aad true transeript of the xbole thereof. IN TESTIMONY iiHEREOF, Fr ley, Mi��es�ta, �. , DRAFTED BY; City of Fridley 6431 Oniversity Avenue Fridley, IrII�T 55432 I have hereunto aubseribed my haad at the City of imm the ��+Lnty o8 Anoka on the /-E day of � 9�. N. E. G` � SHIRLEY A. PAL�, CITY ERg . Variances are valid for a period of one year follo�ing approval considered void if not used vithin that period. e aad � � ;si�al l� be., �` ..t, � .. ,� , �, . _ .� , .(��) � � ' � ��' � . :��" r�p� -- � G ,�, � a b '�` � FAIDLEY CITY COTJNCIL �EETING OF �PRIL Z3. 1990 PAGE 15 pattern to eerve the expansion of drive-up teller lanes at Twin City Federal. She stated the petitioner has submitted this variance, basically, to preserve hi� options. She etated there are a several variances included in th3s request. � Ms. Dacy stated at the Appeals Commission meeting, they considered an alternate option recommended by staff. She stated the recommendation was to close the west driveway and to iden the east driveway to 32 feet. She stated another option tha was identified was�widening the driveway between the qreen B ace ground the buildinq, but that would leave only five feet om the south end of the building. She etated the petitioner s concerned about this option as it creates a conflict with rB coming from the drive-up aisle and those tryinq to enter an park. Ms. Dacy stated the Appeals Co�ission r commended denial o€ the variance request to reduce the driveway c rb opening to the nearest portion of a right-of-way from 75 feet o 42 feet, but recommended approval of the other three variances Ms . Dacy etated a meeting �as hel with the parties involved in Skywood Mall and Twin City Fede 1 regarding this proposal to determine if they could move to original plan approved in 1988. She stated what is proposed is hat TCF could Btill build their eeparate drive-throuqh aisle, b t there would be only one lane into the Skywood property and one ne out of the property. She stated the width of this driveway would be approximately 30 feet and appropriate radii at the in ersection of 52nd Avenue would have to be constructed to ensur a better tuzninq movement into the property. She etated it is hoped this option will be acceptable to the Skywood wall pa ership. . Mr. Galush, represent' g Twin City Federal, stated it isn't that they do not want to q along with the City staff's recommendation, but due to the com exity of the �ituation and eo many persons involved, nothing eemed to work. He stated he has thought of another option wh'ch would provide for two entrances and the only exit would be t driveway that qoes into the mall.. Mr. Galush stated all traf ic from 52nd Avenue would be ent�ance oniy, with no exit. He s ated with no parkinq at this end of the building, there is roo to stack about 40 cars. He etated this is an alternate to what was mentioned earlier. Mr. Galush tated their business has increased and they are trying to find w s to alleviate the traffic congestion. He stated he is sugqest' g this plan as another alternative and is not sayinq the other an would not work. He stated he knows staff and the Counc' are doing everything to resolve the issue and would do what the City wants, but would like the matter resolved this year. � � FRIDLEY CITY CODNCIL lIEETZNG OF �PRIL 23. 1990 PAaE 16 Councilman Billings stated he has not s�en this proposal before so he did not know how many variances would be necessary to implement such a plan. Ms. Dacy stated the variances would still be needed for the epaces and for the Betback encroachments. / Councilman Billinqs asked if this entire plan is with Twin City Federal'e own property. Mr. Galush replied in the firmative. Councilman Billings stated the petitioner and Ci staf� have been working with Skywood Mall for the last severa years to try and come up with a way of ineetinq Twin City Federa s needs. He etated TCF needed to do some expansion, but it w s difficult to do on their site based on the plan submitted. e Btated the owners of Skywood Mall had promieed the City they would make som� improvements, however, this property i now in receivership. Councilman Billings stated the pla eubmitted this evening seems to accomplish TCF'e needs within eir own eite. He stated he is not prepared to make a formal de sion thiB eveninq, but knows Mr. Galush has to report to his B ard of Directors this week as to whether the City will go alon with some type of expansion plan or they will need to realloca their budget �aoney. He stated he would 13ke to table this tem; however, possibly taking a straw vote of the Council to d ermine if they are willing to accept one of the three proposals efore them for expansion of TCF's site so they can proceed with ome of their planninq. In polling the Cou il, all were in agreement that they would be willing to accept one of the proposals for expansion at Twin City Federal's site. ' Councilwoman Jorqenson stated the plan submitted this evening addresses t e issues raised two years aqo and ehe is very pleased with it. MOTION y Councilman Billings ta table this item for two weeks and dire staff to meet with Twin City Federal representatives and co� nu� to warS� with rep�esen�atives f�eom Skywooci i►iall. �e�nde� b Councilwoman Jorgenson. IIpon a voice vote, all voting aye, yor Nee declared the motion carried unanimously. B.. VARIANCE REOUEST VAR #90-06. TO REDUCE THE FRONT YARD S�ETBACK FROM 35 FEET TO 22 FEET: TO REDUCE THE_SIDE YARD SETBACK FROM 10 FEET TO 3 FEET, TO ALLOW THE �,�'*!�^�ELING OF AN EXISTING HOME. GENERALLY LOCATED AT 1400 FIRESIDE DRIVE N.E.. BY MORRIS BENSON: Ms. Dacy, Planninq Coordinator, stated thie property ie located at 1400 Fireside Drive and the Appeals Commission recommended denial of the variances based on the site plan. She stated the petitioner e , _ ' y � � , � ZDLEY CITY C001�1CZL �ETIIiG O! 71YRZL 2� 1990 p7�►GE 17 � submitta=davariance and require only tbe �ide ya de variancerfrom f ront y the required 10 feet to 5 feet. Ks pacy etated the petitioner wiehes to create an She st ted the the front of the dwellinq which is three feet wide. Zoninq Code permits an encroachment of vestibules up to five feet in a fron�oulddbe the existinq encroachmenti of the sideayard from approved the required 10 feet to 5 feet. MoTION by Councilman Schneider to qrant that portion of"�variance request, VAR �90-06, to reduce the eide yard eetback from 10 feet to 5 feet, and deny the variance to reduce the front yard Betback from 35 feet to 22 feet. Seconded by Councilman Fitzpatrick. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. g. apPROVAL OF CONTRA.CT WITH BRUCE A. L•IES oASSOCIATES. INC. TO �CATE AND DESIGN WELL NO 14. PROJECT Mr. Flora, Public Works Director, etated this contract is f the hydrogeoloqic consultinq services and establishing a pr uction well at the Locke Park water plant location. He stated he costs to locate and desiqn �lell No. 14 are S19,515.00. He ated it is recommended that Council approve this contract in or r to initiate the DNR spproval process and the bydrogeolo c and seismic investiqation for the production well. Councilman Schneider asked about the 530,000 0 referred to in Mr. Flora'B aemo. � l+Ir. Flora �tated when the Cepital provement Plan was first prepared, only projects were ide ified, but at the March discus�ion meetings, it was suqges d that the consulting vork be included which was saaea. He st ed there is not a printout that identifies all the costs for i rovements, but work is beinq done on a fivv Ysaa listtshortly Vf the revised projectsCouncil should be recei ing Councilman Schneider Bta d as he understands, t:heze`is $30,00o in the revised Capital Im ovement Plan, but did not know if thested included in the 5300, 00.00. i�e stated he epecifically requ that Qheet. � I�IOTION by 1riOTION FAI Councilman $30, 000. 0,� of. / Schneider to table this item. ED�'OR IACK OF A SECOND. �chneider stated he is trying to i�entify this for Liesch Associates and does not know what it is part r--�, ,''1 FRIDLEY CITY COIINCIL MEETING OF l�PRiL 23, 1990 PAGE 16 Mr. Burns, City Manager, stat�d coete for the enqineeri g arose after the construction costs were discussed. He s ated he anticipated t2ae cost was included in the design. Councilman Schneider stated there i� a revised Capit� Improvement Plan and he �ould like to see it. Councilman Schneider etated the City has had a ter system that has eupplied the City for years. Aiow it eound like if the City does not have enormous dollars, that the Byste will fall apart. He stated he is really uncomfortable with i and wants to know where the numbers are cominq from and why t y keep changing. Mr. Flora stated staff has been workinq Prog�am and has been ehifting projects �.� �iicies, so �here �.r� �qme �hanges. trying to incorporate those figures, � monthly basis. Councilman Schneider etated his co numbers rise, thoughts should be fo�el thinking about raising the water r es� on e Capital Improvement a ound because of changes He �tated sta£f has beefl t it changes almost on a ern is that each time the iminatinq items rather than Mr. Burns stated when the Capital mprovement Plan is submitted in May, staff would do their best o provide a plan that meets the City's needs. He stated he ha some of the same frustrations as Councilman Schneider with surpr se expenditures, but eome that come along are very difficult to e iminate. MOTION by Councilwoman Jorqe son to approve the contract with Bruce A. Liesch Associates, Inc. or loc�tion and design of Well No. 14, Project No. 205, for 19,515.00. Seconded by Councilman Fitzpatrick. Upon a voic vote, Councilwoman Jorgenson, Councilman Fitzpatrick, Councilman illings, �nd Mayor Nee voted in favor of the motion. Councilman Schneider voted against the motion. Mayor Nee declared the motio carried by a 4 to 1 vote. 10. Mr. Flora, Public orks Director, �tated the contract provides for Bruce A. Liesc Associates, Inc. to prepare specifications, admini�ter the onstruction, and prepare documentation for three monitoring wel s at Commons Park im the shallow glacial drift. He also stated at the construction at the well will be bid separately a er the plans have been developed. MOTION by C uncilman Schneider to approve the contract �ith Bruce A. Liesch Associates, Inc. to design and administer monitoring �ells at ommons Park, Project No. 208, in the amount of $9,412.00. Seconded y Councilwoman Jorgenson. Upon a voice vote, all voting aye, Ma or Nee declared the motion carried unanimously.l . . . .. a . � � � � z .� � x H N H H C"� ~C r C'� � Z � k ��a �� N��a �� z � %� F d.H.1 � V�� .. , 1 'L7 Ftt k9�Ll:i F V�]�dY FI.l� ��'� �� " � .� � �� g� a�� o �� 1 � � �.�� '��.�� I � / \ .yi'-. -.. � f.. _ CITYOF FRIDLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE (612) 571-3450 CITY COUNCIL ACTION TAREN NOTICE April 24, 1990 Morris Benson 1400 Fireside Drive N.E. Fridley, MN 55432 Dear Mr. Benson: On April 23, 1990, the Fridley City Council approved your request for a variance, VAR #90-06, to reduce the side yard setback from 10 feet to 5 feet, to allow the remodeling of an existing home, generally located at 1400 Fireside Drive N.E. This approval was based on the revised site plan submitted to my office on April 23, 1990. It was noted at the meeting that the vestibule over the stairway in front of the existing house was permitted to encroach in the front yard as noted on the plan. If you have any questions regarding the above action, please call the Planninct Department at 571-3450. S Barbara Dacy Planning Coordinator BD/dn Please review the noted stipulations, sign the statement below and return one copy to the City of Fridley Planning Department by May 14, 1990. ,�' Concur with action taken. s. - / \ �\ FRIDLEY CITY CO�TDTCIL MEETINa OF 1�iPRIL 23. 1990 PAQE 15 pattern to Berve the expansion of drive-up teller lanes at Twin City Federal. She Btated the petitioner has eubmitted this variance, basically, to preserve his options. She stated there_are a several variances included in this request. Ms. Dacy stated at the Appeals Commission meeting, they co�sidered an alternate option recommended by staff. She s��ted the recommendation was to close the west driveway and to widen the east driveway to 32 feet. She stated another option that wa�� identified was widening the driveway between the green space around the building, but that would leave only five feet fro�%the south end of the building. She stated the petitioner was,concerned about this option as it creates a conflict with cars; coming from the drive-up aisle and those tryinq to enter and park. ;' Ms. Dacy stated the Appeals Commission recommended denial of the variance request to reduce the driveway curb Apening to the nearest portion of a riqht-of-way from 75 feet to 4� feet, but recommended approval of the other three variances. / �� Ms. Dacy stated a meeting was held �ri�`h the parties involved in Skywood Mall and Twin City Federal �iegarding this proposal to determine if they could move to the o iginal plan approved in 1988. She stated what is proposed is th TCF could still build their separate drive-through aisle, but ere would be only one lane into the Skywood property and one lan out of the property. She stated the width of this driveway wo ld be approximately 30 feet and appropriate radii at the inter ection of 52nd Avenue would have to be constructed to ensure a better turning movement into the property. She stated it is hoped this option will be acceptable to the Skywood wall partne ship. Mr. Galush, representin Twin City Federal, stated it isn't that they do not want to go ong with the City staff's recommendation, but due to the compl ity of the situation and so many persons involved, nothing se med to work. He stated he has thought of another option whic would provide for two entrances and the only exit would be the riveway that goes into the mall. Mr. Galush stated all traffi from 52nd Avenue would be entrance only, with no exit. He st ed with no parking at this end of the building, there is room o stack about 40 cars. He stated this is an alternate to at was mentioned earlier. Mr. Galush tated�their business has increased and they are trying to find w s to alleviate the traffic congestion. He stated he is suggesti g this plan as another alternative and is not saying the other an would not work. He stated he knows staff and the Counc are doing everything to resolve the issue and would do what the ity �rants, but would like the matter resolved this year. � rr"'� �"� �RIDLEY CITY COONCIL lSEETING OF APRIL 23. 1990 PA�3E 16 Councilman Billings stated he has not seen this proposal before so he did not know how many variances would be necessary to �mplement such a plan. Ms. Dacy stated the variances would still be needed �or the parking spaces and for the setback encroaclaments . ,> `� Councilman Billings asked if this entire plan �'s within Twin City Federal's own property. Mr. Galush replied idri the affirmative. Councilman Billings etated the petitioner nd City staff have been working with Skywood Mall for the last �veral years to try and come up with a way of ineeting Twin City F,�deral's needs. He stated TCF needed to do some expansion, but�it was difficult to do on their site based on the plan submittgd. He stated the owners of Skywood Mall had promised the ity they would make some improvements, however, this proper�.y is now in receivership. Councilman Billings stated the lan submitted this evening seems to accomplish TCF's needs wit 'n their own site. He stated he is not prepared to make a formal decision this evening, but knows Mr. Galush has to report to hi Board of Directors this week as to whether the City will go a onq witYn some type of expansion plan or they will need to reall ate their budget money. He stated he would like to table th item; however, possibly taking a straw vote of the Council to etermine if they are willing to accept one of the three proposa before them for expansion of TCF's site so they can proceed wi some of their planning. In polling the Co ncil, all were �n agreement that they would be willing to acce one of the proposals for expansion at Twin City Federal's site,/ Councilwoma Jorgenson stated the plan submitted this evening addresses e issues raised two years ago and she is very pleased with it. MOTION y Councilman Billings to table this item for two weeks and direc staff to meet with Twin Caty Federal representatives and con nue to work with representatives from Skywood Mall. Seconded b Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mavor Nee declared the motion carried unanimously. B. VARIANCE RE UEST. VAR #90-06 TO REDUCE THE FRONT YARD SETBACK FROM 35 FEET TO 22 FEET; TO REDUCE_THE SIDE YARD SETBACK FROM 10 FEET TO 3 FEET, TO ALLOW THE REMODELING OF AN EXISTING HOME. GENERALLY LOCATED AT 1400 FIRESIDE DRIVE N.E., BY MORRIS BENSON: Ms. Dacy, Planning Coordinator, etated this property is located at 1400 Fireside Drive and the Appea�s Commission recommended denial of the variances based on the site plan. She stated the petitioner R - �p r^� I/ � lRIDLEY CZT7f COU1QCxL 1�ETING OF �PRIL 23, i990 P�GE 17 eubmitted a revised front yard variance the required 10 feet plan which would eliminate the need for the and require only the eide yerd variance from to 5 feet. Ks. �cy Btated the petitioner wishes to create an enclosure over the front of the dwellinq which is three feet wide. She stated the Zoninq Code permits an encroachment of vestibules up to five feet in a front yard. She etated, therefore, the only variance to be approved would be the existing encroachment of the side yard from the'required 10 feet to 5 feet. MOTION by Councilman Schnefder to qrant that portion of variance request, VAR #90-06, to reduce the side yard eetback from 10 feet to 5 feet, and deny the variance to reduce the front yard setback from 35 feet to 22 feet. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. $,PPROVAL OF CoNTxAC:r wt•rn aicu�r._ es. LiL�7v.a• .-....------ �OCATE AND DESIGN WELL NO 14 PROJECT NO. 205: Mr. Flora, Public Works Director, stated this contract is,,�`or the hydroqeoloqic consulting services and establishing a oduction well at the Locke Park water plant location. He stat the costs to locate and desiqn Well No. 14 are 519,515.00. H stated it is recommended that Council approve this contract in� der to initiate the DNR approval process and the hydroqeo�l.a�qic and seismic investiqation for the production well. Councilman Schneider asked about the $30,0 0.00 referred to in Mr. Flora's memo. Mr. Flora stated when the Capital Improvement Plan was first prepared, only projects were 3 entified, but at the March discussion meetings, it was sugg sted that the consulting work be included which was added. He ated there is not a printout that identifies all the costs for mprovements, but work is being done on a five year Capital Imp vement Proqram and the Council should be receivinq a list short of the revised projects. Councilman Schneider e ated as he understands, there fs $30,000 in the revised Capital provement Plan, but did not know if this is included in the $3 ,000.00. He etated he specifically requested that sheet. MOTION by Cou ilman Schneider to table this item. ![OTION FAIJ�D FOR LACR OF A SECOND. Council n Schneider stated he is trying to identify this $30,0 .00 for Liesch Associates and does not know what it is part �f . ,� ! ,-°.. ^, FRIDLEY CZTY CODNCIL MEETING OF APRIL 23, 1990 PAGE 18 Mr. Burns, City Manaqer, stated costs for the engineering afose after the construction costs were discussed. He stated he anticipated the cost was included in the desiqn. Councilman Schneider stated there is a revised Capital Improvement Plan and he would like to see it. Councilman Schneider stated the City has had a water sys�em that has supplied the City for years. Now it sounds like if the City does not have enormous dollars, that the system will fall apart. Iie stated he is really uncomfortable with it and wants to know where the numbers are cominq from and why they keep Ghanging. Mr. Flora stated staff has been working on the Capi�al Improvement Program and has been shifting projects around be�ause of changes in policies, so there are some changes. He statQd staff has been trying to incorporate those figures, but it c�i'anges almost on a monthly basis. r' Councilman Schneider stated his concern is,��that each time the numbers rise, thoughts should be for elimin�inq items rather than thinking about raising the water u�ates. Mr. Burns stated when the Capital Improv�ment Plan is submitted in May, staff would do their best to provide a plan that meets the City's needs. He stated he has �ome f the same frustrations as Councilman Schneider with surprise e nditures, but some that come along are very difficult to elimin�a e. MOTION by Councilwoman Jorgenson A. Liesch Associates, Inc. for 1 Project No. 205, for $19,5 Fitzpatrick. Upon a voice vot , Fitzpatrick, Councilman Bill' gs the motion. Councilman Sch eide Nee declared the motion c ried 10. t�i approve the contract with Bruce �%ation and design of Well No. 14, 5.00. Seconded by Councilman Councilwoman Jorgenson, Councilman �, and Mayor Nee voted in favor of r voted against the motion. Mayor by a 4 to 1 vote. Mr. Flora, Public rks Director, stated the contract provides for Bruce A. Liesch Associates, Inc. to prepare specifications, administer the nstruction, and prepare documentation for three monitoring wel ,at Commons Park in the shallow glacial drift. He also stated hat the construction at the well will be bid separately a er the plans have been developed. MOTION by ouncilman Schneider to approve the contract with Bruce A. Liesc Associates, Inc. to design and administer monitoring wells a Commons Park, Project No. 208, in the amount of $9,412.00. Second d by Councilwoman Jorgenson. Upon a voice vote, all voting aye, ayor Nee declared the motion carried unanimously.l _ ^ ,� � 8GG _ STAFF REPORT APPEALS DATE April 3, 1990 CITYOF �awin� coa�vassfow DA-rE FRIDLEY CRY COI�VqL DATE April 23, 1990 auTi-�oa �/i s REQUEST PERMIT NUMBER APPLICANT ' PROPOSED REQUEST LOCATION SITE DATA SIZE DENSITY �ESENT ZONING ADJACENT LAND USES & ZONIVG UTLITES PARK DEDICATION ANALYSIS F�IANCIAL �1IIPUCATIONS COPIFORMANCE TO COMPFtEF�IVE PLAN COMPATIBfLiTY WRH ADJACENT I�ES & ZONNG ENNIRONMENTAL CONS�ERATIONS STAFF RECOMMEI�ATION A�EALS RECOMMENDATION PLANNq� COMMISSION RECOMMENDATION -- -•� �. N1�rris Benson To reduoe the required f�ront yard setback from 35 ft. to 22 ft. and to reduoe the required side yard setback from 10 ft. to 3 ft. 1400 Fireside Drive 1�-1, Single Fa¢n.ily R-1, Single Family, tA the north, south, east, and west N/A N/A Yes Yes N/A Den.ial Deriial . � � 8HH Staff Report VAR #90-06, 1400 Fireside Drive N.E. Page two A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.07.03.D.(1) 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. Section 205.07.03.D.(2).(a) requires a side yard setback of 10 feet between any living area and side property lines. Public purpose served by this requir�ment is to 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 conflagration of fire. B. STATED HARDSHIP: None given C. ADMINISTRATIVE STAFF REVIEW: Request Morris Benson of 1400 Fireside Drive is requesting two variances: to reduce the required front yard setback from 35 feet to 22 feet, and to reduce the required side yard setback from 10 feet to 3 feet. This request is on Lot 6, Block 2, of Gunderson Terrace, the same being 1400 Fireside Drive. Site The site is zoned R-1, Single Family Dwelling, with adjacent R-1 zoning to the east, south, west, and north of the parcel. On site exists a single family dwelling and a single car garage (see attached site plan). The petitioner is proposing to add a living room, two bedrooms, and a two car garage which will include both the existing house and the existing garage (see attached site plan). Analysis The current single family dwelling is 5 feet from the side property line. In the proposed plan, the petitioner is proposing to enclose the stairs to the basement of the house � Staff Report VAR #90-06, 1400 Fireside Drive Page three ,�, V�� which can only be accessed from the outside of the dwelling unit. As a result, the proposed addition will be 3 feet from the side lot line. The petitioner has two alternatives for the living room/bedroom/garage addition which would allow him to comply with the zoning code regulations. The first alternative would be to add these living spaces to the rear and to the east side of the existing house. This would create a"j og" along the front elevation of the existing house; however, this would allow the petitioner to add the needed living space and still comply with the zoning code regulations. The second alternative would be to construct a new house on the lot while living in the existing house and then removing the existing house. There is adequate space on the lot within which to construct a new single family house. Staff is proposing this alternative as the petitioner will be salvaging only two existing walls and the foundation of the existing house. Also, other single family houses in this neighborhood comply with the zoning code and are at the 35 foot front yard setback. �Recommendation and Stipulations Because the petitioner has two alternatives and because the neighboring structures comply with the 35 foot front yard setback, staff recommends that the Appeals Commission recommend denial of the front yard variance request. If the petitioner chooses to pursue the alternative of adding to the rear and the east sides of the existing house, staff does recommend that the Appeals Commission recommend approval of a side yard variance from 10 feet to 5 feet to bring the existing dwelling unit into conformance with the zoning code. Appeals Commission Action The Appeals Commission voted unanimously to recommend denial of both variances requested. City Council Recommendation Staff recommends that the City Council concur with the Appeals Commission action. � � cinroF F�� \ C011r►MUNITY DEVELVPMENT DEPARTMENT MEMORANDUM DATE: April 18, 1990 TO: William Burns, Cit Mana er `��¢ Y g G�9 FROM: Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT:� Variance Request, VAR #90-06, by Morris Benson Attached is the staff report for the above referenced request. The Appeals Commission voted unanimously to recommend denial of the variances requested to the City Council. Staff recommends that the City Council concur with the Appeals Commission action. MM:ls M-90-246 � e � � 8JJ APPEALS COMMI88ION ME$TING, APRIL 10, 1990 PAGE 7 2. CONSIDERATION OF A VARIANCE REOUEST VAR, #90-06. BY MORRIS BENSON• Pursuant to Section 205.07.03.D.(1) of the Fridley City Code to reduce the front yard setback from 35 feet to 22 feet; and pursuant to Section 205.07.03.D.(2).(a) of the Fridley City Code to reduce the side yard setback from 10 feet to 3 feet, to allow the remodeling of an existing home on Lot 6, Block 2, Gunderson Terrace, the same being 1400 Fireside Drive N.E., Fridley, Minnesota, 55432. MOTION by Mr. Kuechle, seconded by Dr. Vos, to open the public hearing. QPON A VOICE VOTE, ALL VOTING AYE� VICE-CHAIRPERBON BAVAGE DECLARED THE MOTION CARRIED IINANIMOIIBLY AND THE PIIBLIC HEARING OPEN AT 8:30 P.M. Ms. McPherson stated the petitioner is proposing to add to his existing house a living area, two bedrooms, and an attached double car garage which will attach to the existing single car garage. The petitioner would like to enclose an outside stairwell which is his only access to the basement. This would allow him to access the existing basement of the existing house without having to go outside the dwelling like he does now. Ms. McPherson stated staff has indicated two alternatives to the variance request which would allow the petitioner to work within the Zoning Code setbacks. Ms. McPherson stated the first alternative would be to add these living spaces to the rear and to the east of the existing house. This would create a"jog" along the front elevation of the existing house. A variance would still have to be granted for both the front yard and side yards; however, the amount of the variances would be drastically reduced. Ms. McPherson stated the second alternative would be to construct a new house while living in the existing house and then removing the existing house. According to Darrel Clark, Building Inspector, this situation has occurred in the past. There is adequate space on the lot within which to construct a new single family house. Ms. McPherson stated staff is recommending that the Appeals Commission recommend denial of the front yard variance from 35 feet to 22 feet and the side yard variance from 10 feet to 3 feet. However, if the petitioner chooses to pursue the first option of using the existing house, staff recommends the Appeals Commission approve a variance from 10 feet to 5 feet to bring the dwelling into conformance with the Zoning Code. • � I 1 8KK APPEALB CO1�IIriI88ION MEETING APRIL 10 1990 PAa$ 8 Ms. Savage asked the petitioner about a hardship and his reaction to the staff's alternatives. Mr. Morris Benson stated he considered having a house with only 420 sq. ft. a hardship. He stated he does not want to have to spend a lot of money. That is the main reason he wants to add on, rather than entirely building a new house. He stated a variance was granted in 1976 to 1367 Fireside Drive from 35 feet to 18 feet. Also, as far as building to the rear, there are some large mature trees he would like to keep. Mr. Kuechle asked approximately how much more it would cost to tear down the existing house and start over. Mr. Benson stated it would cost an estimated additional $15,000- 20,000. Mr. Don Newman, 1398 Fireside Drive, stated they own the house directly to the west of Mr. Benson. He stated originally they were concerned about a variance to 3 feet from the lot line. However, they are willing to accept whatever decision the Appeals Commission and City Council approve. He asked that if the side yard variance is approved, would it put any building constraints on adding on to his house in the future? Ms. McPherson stated that Mr. and Mrs. Newman can add on a 15 foot addition, because they have to maintain a 10 feet setback from the lot line. Dr. Vos stated the Newman's ability to extend their house by 15 ft. to the east was not affected by Mr. Benson's variances, if approved. Even if Mr. Benson did nothing, the Newman's could still only add on 15 feet. OM TION by Dr. Vos, seconded by Mr. Ruechle, to close the public hearing. �PON A VOICE VOTE� ALL VOTING AYF, VICE-CSAIRPERBON SAPAGE DECLARED THE MOTION CARRIED AND THE PIIBI�IC SEARING CLOBED AT 8:50 P.M. Mr. Kuechle stated he would have to vote to deny these variances. He stated there seems to be other alternatives available to the petitioner. He thought it would seem best to either incorporate the existing house within the new structure or tear it down and build a new house. If the petitioner is going to put in all new windows, new siding, a new roof, etc., it would seem to him that the most cost difference would be $10,000. Dr. Vos stated there did not seem to be a hardship, and it is possible to build a good size new house within the constraints of the lot. '-� r, �L� APPEALB COMMI88ION MEETING, APRIL 10. 1990 PAGE 9 Ms. Savage stated the Appeals Commission is not supposed to recommend granting variances unless a hardship is established. A hardship usually involves the uniqueness of a lot that doesn't allow someone the maximum enjoyment of his/her property without a variance. Unfortunately, the Appeals Commission cannot consider the financial aspect as a hardship. She agreed that there really isn't a hardship in this case. She also had some concern about the front yard setback as the adjoining houses do meet the 35 foot setback. MOTION by Dr. Vos, seconded by Mr. Kuechle, to recommend to City Council denial of variance request, VAR #90-06, by Morris Benson, pursuant to Section 205.07.03.D.(1) of the Fridley City Code to reduce the front yard setback from 35 feet to 22 feet; and pursuant to Section 205.07.03.D.(2).(a) of the Fridley City Code to reduce the side yard setback from 10 feet to 3 feet, to allow the remodeling of an existing home on Lot 6, Block 2, Gunderson Terrace, the same being 1400 Fireside Drive N.E., Fridley, Minnesota, 55432. IIPON A VOICS VOTE, ALL VOTIN(� AYE, VICE-CHAIRPER80N BAVAGE DECLARED THE MOTION CARRIED IINANIMOIIBLY. Ms. McPherson stated this item will go to City Council on April 23, 1990. Ms. Savage stated that since the Planning Commission meeting is the next day, April 11, and there is no opportunity for these minutes to be received by the Planning Commission before the City Council meeting on April 23, the Appeals Commission has no problem with these items going directly to Council on April 23. ADJOURNMENT• MOTION by Dr. Vos, seconded by Mr. Ruechle, to adjourn the meeting. IIpon a voice vote, all voting aye, Vice-Chairperson savage declared the April 10, 1990, Appeals Commission meetinq adjourned at 8:55 p.m. Res ctfully s mitted, G��2� Ly Saba Rec rding Secretary i"� Dear Property Owner: You recently received a public attached to this letter. There hearing notice. The side yard 10 feet to 3 feet instead of 10 � March 28, 1990 hearing notice similar to the one was an error in the original public setback variance is actually from feet to 5 feet. ALEX BARNA CHAIRPERSON APPEALS COMMISSION � PUBLIC HEARING BEFORE THE APPEALS COMMISSION � Notice is hereby given that the Appeals Commission of the City of Fridley will conduct a Public Hearing at the Fridley Municipal Center at 6431 University Avenue N.E. on Tuesday, April 3, 1990, at 7:30 p.m. for the purpose of: Consideration of a variance request, VAR #90- 06, by Morris Benson, pursuant to Section 205.07.03.D.(1) of the Fridley City Code to reduce the front yard setback from 3"5 feet to 22 feet; and pursuant to Section 205.07.03.D.(2).(a} of the Fridley City Code to reduce the side yard setback from 10 feet to 3 feet, to allow the remodeling of an existing home on Lot 6, Block 2, Gunderson Terrace, the same being 1400 Fireside Drive 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. AT.RX BARNA CHAIRPERSON APPEALS COMMISSION Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. City Council Members City Manager Alex Barna, Chairperson Appeals Canmissian 560 Hugo Street N.E. FYidley, NN Nbrri.s Henson 1400 Fireside Drive N.E. Fridley, NIl�T 55432 Gary O'Malley 7.432 Baoon Drive N.E. Fridley, N�T 55432 V. V. Conrad 7440 Baobn Drive N.E. Fridley, N�iT 55432 James D. Miller 7426 Bawn Drive N.E. Fridley, NIl�T 55432 7homas A. Flanery 1465 Onondaga Street N.E. Fridley, N�.V 55432 Bruce A. Sonmo�r 7420 Baoon Drive N.E. Fridley, MN 55432 Brian D. Strc�uist 7478 Hayes Street N.E. Fridley, ML�TT 55432 M /"\ /^Mailing Date: �'. 23, 1990 N�,ILING LIST FOR VAR #90-06. 1400 Fireside Drive N.E. Richa.rd E. fiall 1382 Onondaga Street N.E. Fridley, NN 55432 Max.�.e Fo�se 1390 Onondaga Street N.E. Fridley, NIlV 55432 Jan�s C. Hub 1395 Ononc7aga Street N.E. Fri.dley, I�AT 55432 Doug 0. Beck].an 1405 �ondaga Street NE Fridiey�., r�T 55432 Htimg B. 7.�an & C. V. 7.hwong 1425 Ononda.ga Street N.E. Fridley, N�T 55432 Cfiarles A. Bitzan 1360 Fires,ic� brive N.E. E'ridley, N.�i 55432 Hoa K. IiuynYi 1365 Onondaga Street N.E. Fridley, NIl�T 55432 Paul O. Schmidt 7481 Hayes Street N.E. Fridley, N��T 55432 -1- Mark F. Schutte 7469 Hayes Stre�t N.E. Fridley, NN 55432 'Ihcanas Szajner 7455 Hayes Street N.E. Friclley, N�T 55432 Gary C. Shoberg 1420 Fireside Drive N.E. FYidley, N.�T 55432 Donald P. Johnson 1398 Fireside ]h�..va N.E. Fridley, NN 55432 John G. Westby 1467 �.onda.ga. Str�t N.E. Fridley, N�1 55432 'Ihoinas Kallroos 1466 Onondaga.Street N.E. FYidley, 1�+Il�T 55432 Susanne Darsvw 7395 Hayes Street N.E. Fridley, MN 55432 Steven Budahn 1370 Fireside Drive N.E. Fridley, NIl�T 55432 Mailing Li.st ^ ^ VAR #90-06 a g ��g ��: �. 23, 1990 1'tlJO �ItIC i1.4,�-,� .LV elie John W. Labrec�.e 1381 Onaridaga Sts�et N.E. Fridley, NIl�T 55432 Oc�mmer/Occ�pant__ _ 745$ Hayes Street N.E. Fridley, 1tiYV 5543 --- �esident 1367 F'ireside Drive N.E. Fridley, NIlV 55432 Jon Bl�oquist 1377 F'ireside Drive N.E. Fridley, 1�T 55432 -2- � COMMISSION APPLICATION REVIEW � � � � � �� a►� FILE DESCRIPTION � #90-06 ��N� 15 3-13-90 4-3-90 1400 F'ireside Drive N.E. F��i..� t ard-variance tAMPLETE REVIEW CHECKLIST AND RETURN TO PLANNING DEPT. ❑ BARB D. �MICHELE M. z � �. n� MARK W. COMMENTS �� ' i`�1�J�r� G�LG �✓e� 7� T� /�A��i� ,r�-� i %,� � �� — F� 9 �.� :� 14 � `� � � �1 � ��. ' Q � � � � . � _ _ . ��.1 . ` . �. , . . ' . �a. '' � � � � ' s �� F t � . � � � ;,, � � � .�! :., �. . � CLYDE M. �� ❑ LEON M. �_� IM H, 3'�9 BOB A. � � � � ��, 7v� ,��158�� `�,�,�'o� �9� ��o,��a � CITY O� FRIDLEY �_ �� d431 UN1YE'ASIT1f AYE�E. t�ro�r, � s64sz (812� l�71-3460 � VARtAN(� REQUEST FORM v�xiaxcE # 4 0 " � � � 2 � VARIANCE FEE � RECEIPT ��„�J 7� SCHEDULED APPEALS MEETING DATE �`�` � PROPERTY INFORMATION PROPERTY ADDRESS ! �� U � � ^ � S �'�� ` :� ��i �i / �E'�G LEGAL DESCRIPTION: ^ 1 LOT � BLOCB � TRACT/ADDITION � P PRESENT ZONING �f �f ti��r�� VARIANCE RDQUEST(S): Attach a plat or survey of the property shojaing building, variance(s), where applicable. ' � i� I �7 � /� `� ..�r- �� _., o.�l�., ��:1> � 1 r� °--�� r-� `1.,�J� r>`1 r�> �� — � � -I� ��,�� 1,�"?`��. f�� , �� i 1 Section of the Code: List specifie hardship(s) Which require the varianee(s): iiffff ':�rtfff�ffflfiifffi!lfffffliflfffflfi�flflffflfifffliififfiffiffffffifiiiffR FEE OWNER INFORMATION NAME (please print) /� d�n��',� �e��vh __ PHONE ��o'��' ADDRESS _ � �O _ f� _ _ �i :•� r�c �__�� o° P' � "c/�� ,i / , SIGNATURE � DATE � °� � ; ��-----.�—a :: ff :�:��`�f��i��.��.°�iii��.��'.#��i's��'��Ff��ffs:� f�:�r.•.�.� PETITIONER INFORMATION NAME (please print) PHONE ADDRESS SIGNATURE DATE f�i�i*fiff�ffiff!lffii�ffifffiffflfif!!flfi�fffffffffffiifi�lffflfiffffiffif��fi�f APPEALS CONIl�IISSION: APPROVED DENIED DATE CITY COUNCIL: APPR09ED DENIED DATE STIPULATIONS: _ �� The petitioner hereby understands that: n I. The City will notify all residents and owners of property within 200 feet of said property. 2. This application must be signed by all owners of the property, or an explanation given why this is not the case. � 3. Materaial for submission of a variance include: * Scaled plan showing proposed property and/or buildings if applicable. Three full suzed copies and legible 8 1/2" x 11" reduction. * Scaled preliminary (or final) landscape plan showing location of existing vegetation to be saved and locations of new plant material. Species, species name (common or botanical), and condition of root (i.e. bared, balled and burlapped, etc). Three full size copies and legible 8 1/2" x 11" reduction. * Scaled preliminary (or final) grading and drainage plan showing existing and propoed contours, detention/retention ponds, drainage swales, weirs, weir details, and run off quantities. Three full size copies and legible 8 1/2" x 11" reduction. * Floor plans, full size and 8 1/2" x 11" reduction. � Building elevations, full size arad 8 1/2" x I1" reduction. * Perspective shwoing how the proposal potentially looks in the surrounding area, full size and 8 1/2" x 11" reduction. /'�, /�'ti r � S. VAttI1�iN�S A. Appeals Cantnissian. � Tl�e City Council created an Appeals Ca�nission to serve as the ` board of appeals and adjustment, and to exercise all the authority and perform all functions of said board pursuant to Ninnesota Statute Sections 462.351 to 462.364 and operate according to the Fridley City Code• g. Petition By Owner• (1) Appeals frmn Decisions on Code Enforcement: At any time within thirty (30) days, any property owner who feels aggrieved by an alleged error in any order, reguirement, decision or aeterminatian made by an ac�inistrative officer in the enforo�nent of this Q�apter which affects the awner's property, may aPPeal to the Appeals Cann►ission by filing a written appeal with the City• '� BPPe� shall fully state the order appealed from, t�e facts of the matter and the mailing address of the vwner. (2) Request for Varianaes fram Zoning Chapter Provisions: A property awrer maY aPpeal the strict application of the provisions of this Chapter where there are practical difficulties or Farticular hardships preventing the strict application of the regulations of this Chapter. An application for a varianoe sha11 be filed with the City and shactiscaltdifficultie�s claimed asta basisaforeapvarianoe and pr C. Reoomnenclatians BY ApQe�1s Co�issian. , Within thirty (30) days after filing an appeal from an ac'�►inistrative order or determination, or request for variance froan City Code provisions the APPeals Commission shall hold a public hearing thereon and shall hear such persons as want to be heard. Notioe of such hearing shall be mailed not less than ten (10) days before the date of hearing to the person or persons who file the appeals, and to all adjaoent property a�wr�ers within a 200 foot distance of the requested varianae location. Within a reasonable time, after the hearing, the Appeals Commission shall make its recommendations or agprovals subject to vonditions of the Fridley CitY Code and forward a copy of such recon�nendation or approval to the City Council through the Planning Ca�dssion. D. Varianoes In R-1 Zaning. � (1) In areas zoned 1�1 (One Fan'�i1Y Dwe11in9 District), the Appeals Ca►snission has the authority to grant f inal appraval of varianoes when all of the folla�ring oonditions are met: (a) There is unanimous agreement of the Appeals Conmission. (b) The staf f ooncurs with the reooircnenoations of the Appeals Co�m�issian. (c) The general public attending the meeting or responding to the notice of public hearing have no objectian. (d) The petitioner is in agreement with the reoon�nendation. • • • • y. ,�. ,'"� (2) i�fien the above conditions are not met, the variance request must be reviewed by the Planning Commission vith f inal agpraval by the City Council. E. Reaord Of Action Taken. �e Appeals Camnissian shall prwide for a written reoord of its proceedings which shall include the minutes of its meeting, its f indings and the reaonan�oation or apprwal of each matter heara by it. The fircling of fact shall aontain the following: (1) The public pclicy which is se=ved by requiranent. (2) The practical difficulties or unique circumstance of the property that cause undue hardship in the strict application of the requirenent. (3) In reoor�anending or appraving a varianoe, the CrnQnission anq/or Co�cil may impose o�nditions to ensure compliance and to protect adjaoent properti�. F. Actian By �e City Cotncil. Rt�e Cou�►cil shall at its next regular meeting, after receiving the reaaranendation of the Appeals Commission, with a policy rev iew by the Planning Ca;IInission, decide on the action to be taken. G. Lapse Of Variance By Narr-use. If work as pern�itted by a'varianoe is not commenced within one year and completed within two years after granting of a varianoe, then the varianoe shall beaoRne null and void unless a petition for extension of time in which to aanplete the work has been granted by the City Council. Such extension shall be requested in writing and filed with the City at least twenty (20) days before the expiration of the original variance. The rea,uest for extension shall state facts showing a good faith otter.pt to oanplete the work permitted in the variance. Such petition shall be presented to the appropriate body for review and/or uecisioa�. � �VAR ��90-06 ' :norris Benson ,.�.� ■ N//2 SEC. /2, T. 30, R. 24 2� / i+. + c�a • R /y !r� /G J w'!i � � _� ,� l �. o �) �I� � ��l Z� I/2 AVE. N.E. C/TY OF FR/OLEY ,2 � -----, �� 1 � P �� C ±;r : �'o i t I � 24 � � 7� 13 LOCATION MAP � �..,VAR 4�90-06 Morris Benson ; ZONING MAP � G (f w� � S ^ VAR 4�90-06 n Morris Benson �',_ ,� �� _: �,' � % � � r n; / �;� . � �� , � hI \ �, % � � 3 y �� .��—s�_� ��'` ` � /� ; � a.3`�'� f " � ` � � L''�'..�.si //!l/, E-_ �_�gy '6:> � _ _ ,- \ — � �' F��r K� -aY --� . _.� h��-- � ,,� �` � \ � 1 �- , �� ; � � � ._ _ _.___ ____ .�. _____ �---' _. .�-- �� '� �i�r��c,� \ `1; ; << \ — /��.� — �- D � 6� � % � -� � �. � . .� d✓ � r j s o�/ 7'� �� 2�,� �� l'� �o� SITE PLAN 'i . . � VAR 4�'90-06 �� Morris Benson �� __.__- -- ,��, �� ., ,b :r �, r. — , - ji Y �l I ' 9 i o Y, ` ! ' a, f �' ' - �, `" � �- ' 1 ' - - �� ,.� ,_ � l , _ I ' ____ � � �., � ,�_, — -- 1'' ; ' - �� a l� � Il , I o �' . c�. ; _ � � i M � �+ � I cc � � , li � I ; , -- ; � i ; � � ',i ,; I � i �ood = ' I I � — - � , i . - - - - _ —______- -- � — — —; , - - - - - �3�� r� , . , � � �u , � � I� � � ;� Sc , � � I ^ C3 � � , � � A ,o ; � 7 �� Ii� �� n il A i I �° I I '� I ; i; , ;, � � _ _ _i , � � _ -- --- ` _ ; � . � a' FOUNDATION PLAIV ` � f� � �0 F N � T A � � , � �� r � �_ � g F O � n v � 0 � � a n � � Z R �3 �0 ) N � �f s c ;� �0 w a � � `� s 0 N � � A� � � � • VAR 4�'90-06 �Morris Benson �o � �v r � 't ' �� r �} � � ,� y c y o � ,�v• v � t � \ � � • :� o w h � y � '� e � , r : � ty 6 c.� s L �� ,� �'s7 P �' ,`� X� f� � r � � � f ` v . 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