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VAR92-24/'1 � _ Cl�iYOF FR[DLEY ,-, FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY. MN 55432 •(612) 571-3450 • FAX (612) 571-1287 CITY COUNCIL ACTION TAKEN NOTICE Edward Willey 7F330 Firw�od *Aay N.E. Fridley, MN 55432 Dear Mr. Willey: December 1, 1992 On November 23, 1992, the Fridley City Council officially approved your request for a Variance, VAR #92-24, to reduce the side yard setback on a corner lot from 17.5 feet to 8.8 feet, to allow the reconstruction of a single family dwelling on Lot 9, Block 2, Pearson's Craigway 2nd Addition, generally located at 7830 Firwood Way N.E. You have one year from the date of City Council action to initiate construction. If you cannot begin construction in time, you must submit a letter requesting an extension at least three weeks prior to the expiration date. If you have any questions regarding the above action, please call me at 572-3590. Since��, Barbara Dacy, A Community Devel BD/dn Please review the copy to the City 1992. Director above, sign the statement below and return one of Fridley Planning Department by December 15, ., � �' , o ./ Concur with action taken ,� �, � FRIDLEY CITY COIINCIL MEETING OF NOVEMBER 23. 1992 PAGE 10 season porch. She stated that the Appeal ommission unanimously recommended approval of this variance equest and there were no objections from the neighborhood. MOTION by Councilman Billi s to grant Variance Request, VAR-#92-23. Seconded by C cilwoman Jorgenson. Upon a voice vote, all voting aye, yor Nee declared the motion carried unanimously. C. VARIANCE REOUEST, VAR #92-24, BY EDWARD WILLEY, TO REDUCE THE SIDE YARI) SETBACK ON A CORNER LOT FROM 17.5 FEET TO 8.8 FEET, TO ALLOW THE RECONSTRUCTION OF A SINGLE FAMILY DWELLING, GENERALLY LOCATED AT 7830 FIRWOOD WAY N.E.: Ms. Dacy, Community Development Director, stated that �this is a request for a variance to reduce the side yard setback on a corner lot from 17.5 to 8.8 feet. She stated that an.explosion destroyed this home, and the petitioner is requesting reconstruction of the home with an addition. Ms. Dacy stated that the Appeals Commission recommended approval of the variance request. She stated that several residents testified at the Appeals Commission meeting that they di� not object to the encroaahment. She stated that staff recommends denial o� the request, as the petitioner has�an opportunity to.. comply with.the setback requirements. Councilman Schneider stated that the purpose of the ordinance.is for this type of situation where there is massive destruction. He stated that there is a substantial cost to move the garage.: He stated that if 'the variance is not granted, the garage would have to be moved. He questioned if the petitioner would have a claim with the insurance company to recoup the cost for moving the garage. � Mr. Herrick, City Attorney, stated that he would have to check on this issue further. He felt that a good argument cou�d be made that this is part of the loss. MOTION by Councilman Fitzpatrick to grant Variance Request, VAR #92-24. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7. Ms. Dacy, Community Development Direct , requested that Council approve the.motor vehicle body rep ' license for. Friendly Geo- Chevrolet. She stated that this is the only license ready for approval, and the other busine es which require this licens� are currently preparing applicat' ns. s. ' ,� � FRIDLFY CITY CODNCIL MEETINa OF NOVEMB�R 23, 1992 PAGE 9 6. A. NOVEMBER.10,.1992• CENTRAL AVENUE N.E.• Ms. Dacy, Community Development Di�ector, stat d that this variance is to increase the maximum square footage cf a sign from 80 sguare feet to 120 square feet. Councilwoman Jorgenson questioned the st f report which indicatecl an increase from 80 square feet to 84 s are feet. Ms. Dacy stated that the dimensioa�s the drawing were incorrect and the variance request is to inc ase the size from 80 square feet to 120 square feet. � MOTION by Councilman Billing to grant Varianee Request, VAR #92-22, with the following s �pulations: (1) the variance shall �remain in effect until (a) the sign is alt�red in any way except for routine maintenance and ch nge of inessages�which makes the sign less in compliance with the equirements of this Chapter than it �aas before the alterations; (b) the supporting structure of the sign is replaced or remodel d; (c) the face nf the sign is replaced or remodeZed; (d) the sig becomes dilapidated or.�damaged and the cos�t of bringing it into compliance is more than 50 percent of the value of said sign, at ich time all of the sign.and �ts structure be removed; and (e) n withstanding paragraph (a) above, upon the change of the name the business being displayed on the sign. Seconded by Council an Fitzpatrick. MOTION by Counci a� Billings to amend stipulation 1(a), strike the words "this Chapter" and insert the words "Chapter 214." Seconded by Co cilman Schneider. Upon a voice vote, all voting aye, Mayor Ne declared the motion carried unanimously. UPON A VOIC VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Nee eclared the motion carried unanimously. B. VAR ANCE REOUEST. VAR #92-�� _ Rv .Tnurt AtJr� turnurFr.r.n l�TSTTTFI? Ms. acy, Community Development Director, stated that this variance is o reduce the side yard setback from 10 feet to 7 feet and allow e ansion and conversion of an existing covered porch to a three � , �� REQUEST � Permit Number Applicarrt Proposed Request Location SITE DATA Size Densiiy Present Zoning Present Land Use(s) Adjacent Zoning Adjacerrt Land Use(s) I Utili�es Park Dedication Watershed District ANALYSIS Financial Implications Conformance to the Comprehensive Plan Compatibil'ity with Adjacer�t Zoning and Uses Environmerrtal Considerations RECOMI��NDATION Staff Appeals Commission Planning Commission � Author �� /�'°,, �'1 S TAFF REP O RT Community Development Department Appeals Commission Date Nove�rber 10, 1992 Planning Commission Date City Council Date ��r; 23, 1992 VAR #92-24 Ec�aard Willey To reduoe the side yard setback on the corner side of a oorner lot f�n 17.5 feet to 8.8 feet 7830 Fizwood Way N.E. 10,958 square feet; 22.8% lot coverage P-1, Single Fami.ly Dwelling Resic�ntial R-1, Single Family, to the N, W, & S; R-3, General Multiple Family Dwelling, to the E Residential Six Cities Denial �pproval .-- � � � Staff Report VAR #92-24, by Edward Willey, 7830 Firwood Way N.E. Page 1 A. STATED HARDSHIP: "Reconstruction of home, garage is to remain." B. ADMINISTRATIVE STAFF REVIEW: RecLuest The petitioner requests that.a variance be granted to reduce the side yard setback on the corner side of a corner lot from 17.5 feet to 8.8 feet. The request is for Lot 9, Block 2, Pearson's Craigway 2nd Addition, generally located at 7830 Firwood Way N.E. � Site The subject parcel is located at the intersection of Pearson and Firwood Ways, west of East River Road. The property is zoned R-1, Single Family Dwelling, as are the north, west, and south. Properties to R-3, General Multiple Family Dwelling. property is a single family dwelling uni three car garage and workshop. Analysis the properties to: the east are zoned Located on the t with an attached Section 205.07.03.D.(2).(c).((1)) requires a side yard setback of 17.5 feet on the street side of a corner lot. Public purpose served by this requirement is to maintain a higher degree of traffic visibility and to reduce the "line of sight" encroachment into the neighbor's front yard. The dwelling on the subject parcel was damaged in September 1992 due to the explosion of approximately 60 pounds of black powder in the basement of the atta�hed garage. The petitioner has applied for a building permit to reconstruct and expand the existing dwelling unit. As the garage is currently non- conforming, this presents an opportunity to correct the non- conformity or to grant a variance to authorize the non- conformance. The original house was constructed.in 1960 and complied with the setback requirements. A building permit issued in 1964 expanded the garage which did not comply with the setback requirements. No variance was issued in 1964 to authorize the nonconformance. 6EE �^, -� Staff Report - VAR #92-24, by Edward Willey, 7830 Firwood Way N.E. Page 2 • The garage was not damaged due to the explosion; however, because the house was destroyed beyond 50 0 of the value of the structure, the opportunity has presented itself to correct the existing nonconformity. Although costly, the petitioner has an opportunity to relocate the garage in such a manner as to comply with the setback requirements and to design a house plan to conform to current requirements. Recommendation As the petitioner has an opportunity to comply with the setback requirements, staff recommends that the Appeals Commission recommend denial of the request to the City Council. ,Appeals Commission Action The Appeals Commission voted unanimously to recommend approval of the request to the City Council. City Council Recommendation The petitioner has an opportunity to comply with the setback requirements. Staff recommends that the City Council deny the variance request. 6FF � _ � . DATE: TO: FROM: SUBJECT: � /�`� Community Development Department PLANNING DIVISION City of Fridley November 19, 1992 �. William Burns, City Manage��` Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Variance Request, VAR #92-24, by Edward Willey; 7830 Firwood Way N.E. Attached please find the above-referenced staff report. The petitioner requests that a variance be granted to reduce the side yard setback on the corner side of a corner lot from 17.5 feet to 8.8 feet. The Appeals Commission voted unanimously to recommend approval of the request to the City Council. The petitioner has the opportunity to comply with the setback requirements of the R-1; Single Family Dwelling district. NIl�I/dn M-92-702 ! Mr. Kuechle stated he would also v variance. The opportunity does ex compliance by setting it back 3 fee point and is probably being too pi ...._.......w....r.. r....w.. wv.scv.a.�..aiu.rr_w.vu�tw�.wwn.n.w�wn.u��n. w.�. �. ��: V r�K�IV.�tw�.�: �lHil�[ V Klt� / �� te in favoring of granting the st to bring the structure into , however, that is a very minor MOTION by Ms.. Smith, seconded by Mr. Kuechle, to recommend to City Council approval of VAR #92-23, by J hn and Marcella Clutter, per Section 205.07.03.D.(2).(a) of the ridley City Code, to reduce the side yard setback from .10 fe t to 7 feet to allow the construction of a three-season porch o Lot 3, Block 1, Swanstrom�s Court Addition, the same being 1324 S ood Court N.E. IIPON A VOICE VOTE, ALL VOTING AYE, MOTION CARRIED IINANIMOIISLY. Ms. McPherson stated this item will November 23, 1992. RBON SAVAGE DECI�ARED THE to the City Council on 3. CONSIDERATION OF VARIANCE RE4UEST, VAR #92-2.4, BY EDWARD WILLEY• .� Per Section 205.07.03.D.(2).(c).((1)) of the Fr.idley City Code, to reduce the side yard setback on a corner lot from � 17.5 feet to 8.8 feet, to allow the reconstruction of a single family dwelling on Lot 9, Block.2, Pearson's Craigway 2nd Addition, the same being 7830 Firwood Way N.E. MOTION by Mr. Kuechle, seconded by Ms. Smith, to waive the reading of the public hearing notice.and.open the public hearing. IIPON A VOICE VOTE� ALL VOTING AYE� CHAIRPERSON BAPAGE DLCLARED THE MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 8:38 P.M. Ms. McPherson stated the property is located at the intersection of Pearson Way and.Firwood Way west of East River Road. The property is zoned R-1, Single •Family, as are the adjacent� properties to the north, west, and south. The property to the east is zoned R-3, General Multiple Family Dwelling. Ms. McPherson stated �that the property did have a single family dwelling unit with an attached garage on it. The dwelling unit was damaged in September 1992 due to the explosion of black powder in the basement of the attached garage. The petitidner has applied for a building permit to reconstruct and expand the existing home. The garage currently does not conform to the 17 1/2 foot setback requirement; therefore, a variance is needed. If the variance is denied, the petitioner needs to relocate the garage to conform with the existing code requirements. � Ms. McPherson stated the house was constructed time, the home was built to meet the 17 requirements. A.building permit was issued in existing garage to its�present dimensions. At s �� in 1960. At that 1/2 foot setback 1964 to expand the that time, it did ° � �"•, ,�`1 APPEALS COMMI88ION MEETING� NOVEMBER 10, 1992 PAGE 9 not comply with the setback requirements. No variance was issued in 1964 to authorize the nonconformity or the fact that the garage does not meet the current setbacks. Ms. McPherson stated the garage was not damaged from the explflsion, but the dwelling portion was destro�ed beyond 50a of the value of the structure. Therefore, there is the opportunity to correct the existing nonconformity, although costly, to relocate the garage to meet the code.requirements. Ms. McPherson stated staf� is recommending that the Appeals Commission recommend denial of this request. While this is an existing nonconformity, the circumstances are different.from the previous variance request. The nonconformity is adjacent to a public right-of-way, and the request to correct the nonconformity is greater than in the previous request. .However, if the Commission wishes to approve the variance, they could use the same argument as that presented by staff in the previous request. Mr. Edward Willey stated that he did receive a building permit from the City to construct the 22 ft. by 35�ft. garage at its current location in 1964. He stated he does have a basement under his garage. The garage floor is 18 inches thick with 5 1/2 inch reinforced concrete on that, so there is almost 2 feet of concrete. There is 12 inch block all the way around. Mr. Willey stated he has lived h�ere for 33 years. The garage has been here for 28 years.. It is bad enough to have the house blow up and be without a.home; but then when he came to receive a permit to rebuild and upgrade the house, he found out the garage is wrong and he cannot build without a variance. This is prime time for building. Every bit of time he loses now brings him closer to winter. This is upsetting because he has not been able to do anything since his house blew up. Mr. Willey stated the public purpose for.the 17 1/2 foot setback on the corner is to�maintain traffic.visibility and to reduce the line of sight encroachment into the neighbor's front yard. He stated that when he applied for the garage germit, he was told there was enough clearance for people to see around the corner. He has been there 33 years and there have never been any. traffic problems or accidents on that corner. It is a T-shaped street so. they don't have the same type of traffic that is normal on a four- way street. Mr. Doug Lindquist, 194 Pearson Way N.E., stated he lives directly across the street from the Wi3.ley family. He has lived there for 28 years. His house looks right at Mr. Willey�s garage. He stated he has measured the distarice from Mr. Willey's garage to the curb, and it is 24 feet. There is a double bungalow across the street (7817 Firwood Way) , and that house sits 25 feet from the curb. The garage faces Pearson Way which is 24 feet from the curb, the same 6JJ � �� . � ,� APPEALS COMMISSION MEETING, NOVEMBER 10, 1992 PAGE 10 as Mr. Willey's. There have never been accidents on this corner. Traffic coming from both -directions is very visible at this intersection, and traffic moves slow because it is a T-shaped street. He is not opposed to having the variance approved for the garage in its present location. Mr. Leonard Samuelson, 7800 East River Road, stated he lives across the street from Mr. Willey also. He issued the original building permit for the house 33 years ago. The Willey's have done a magnificent job in maintaining their house and property. He has no complaint about this variance. The reconstruction of the hou�se will upgrade their neighborhood. It would be an extreme hardship if Mr. Willey had to tear down and change his garage after 32 years. Mr. Willey stated that if he has to remove the garage, it would add about $40,000 on to the.price of rebuilding the house. MOTION by Ms. Smith, seconded by Mr. Kuechle, to close the public hearing. � IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAPAGE DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING CL03ED AT 8:55 P.M. Mr. Kuechle stated it appears that the petitioner's garage is in line with other structures in the area. One of the reasons the 17 1/2 foot setback is required is.for traffic visibility. The petitioner's house, instead of being set back 35 feet, is set back approximatel� 47-48 feet. In driving down Firwood Way.a�d l.00king to the right, his garage is so far back that it doesn't appear to obstruct any�visibility. He stated he is in favor of recommending approval of the variance.for two reasons: (1) the hardship of the added expense of moving the garage; and (2) the low impact on traffic visibility. Ms. Smith stated she agreed financial hardship to require She, too, would be in favor variance request. � that . it would be the petitioner to of recommending an overwhelming move the garage. approval of the Ms. Savage stated that even though the financial hardship is not the only thing the Commission can.look at, it is a factor that the Commission can consider as being a hardship in this particular circumstance. Equally as important, if not more important, is that it appears that there is no adverse effect and the spirit of the code is being met by granting the variance. She would also recommend approval of granting the variance. MOTION by Mr. Ruechle, seconded by Ms. Smith, to recommend to City Council approval of VAR #92-24 by Edward Willey, per Section 205.07.03.D.(2).(c).((1)) of the Fridley,City Code, to reduce the side yard setback on a corner lot from 17.5 feet to 8.8 feet, to 6KK , , c �",� � 1 1 APPEALS COMMISSION MEETING. NOVEMBER 10. 1992 PAGE 11 allow the reconstruction of a single.family dwelling on Lot 9, Block 2, Pearson's Craigway 2nd Addition, the same being 7830 Firwood Way N.E. � IIPON A VOICE VOTE, AL.L VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED IINANIMOIISLY. Ms. McPherson stated this item will go to City Council on November 23, 1992. . ADJOURNMENT• OM TION by Mr. KuechTe, seconded by Ms. Smith, to adjourn the meeting. Upon a voice vote, all voting aye, Chairperson Savage declared the motion carried and the November 10, 1992, Appeals Commission meeting adjourned at 9:15 p.m. Respectfully sub 'tted, , y .Saba - Recording Secretary 6LL � � �'�1 PIIBLIC HEARING BEFORE THE APPEAL3 COMMISSION � Notice is hereby given that the Appeals Commission of the City of Fridley will conduct a Public Hearing at the Fridley Municipal Center at 6431 University Avenue N.E. on Tuesday, November 10, 1992, at 8:00 p.m. for the purpose of: Consideration of variance request, VAR #92-24, by Edward Willey: Per Section 205.07.03.D.(2).(c).((1)) of the Fridley City Code, to reduce the side yard setback on a corner lot from 17.5 feet to 8.8 feet, to allow the reconstruction of a single family dwelling on Lot 9, Block 2, Pearson's Craigway 2nd Addition, the same being 7830 Firwood Way N.E. Any and all persons desiring to be heard shall be given the opportunity at the above stated time and place. DIANE SAVAGE CHAIRPERSOPT APPEALS COMMISSION Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than November 3, 1992. vaR �92-24 7830 Fiiwood V�Iay N.E. Ec�aard Willey. Edward Willey 7830 F.izwood VSay N. E. Fridley, NIl�T 55432 Roger Carey / Resi.dent 7861 Fin�ood Wa�r N.E. F'ridley, N�T 55432 �z �Y 10270 Mississippi Blvd. NW Coon Rapi�, NIl�T 55433 �r Carey/Resid,ent 7851 Fi�zood Way N.E. Friclley, N�.�T 55432 Jeffrey Jones 7851 F.ixwood Way N.E. Fridley, N.�T 55432 Jeffrey Jone� / Resi�nt 7855 Fixwood Way N.E. Fridley, NIl�T 55432 Scott Camneron 7843 Fixwood Way N.E. Fridley, N�T 55432 Da.vid Parke 7847 Fizwood G�ay N.E. Fridley, NIlV 55432 � Mark Jedlenski / Resident 7837 Fixtaoad HTay N,E. Fr.idley, NIl�T 55432 J�.a.than. Soule Z8�38 Fixwood. HTay N.E. Frid�.ey, NN 55432 A1vin Rust 7829. �ears� Hiay N;E. Fridley, NIl�T 55432 Don Blakeslee. 21�4 �earson TnTa�:N;E. Fridley, N�T : 55432 lbugla� �'.; ��; st 194 Pear�on %Tay N,E. % Fridley, NRT 5'5432� Eugene H�h�ski �184 Peaarsc� [�ay N,E. Fridley, N�T 55432 V.�ctor Daanl / Resi.c�nt 176 �earson �iTaX N,E. Fridley, Nl�T 55432 Vi` ctor I)aml 9 412 Flint�rood Coon Rapids, NN 5'5433 � MATLID: 1Q/30/92 Dennis Prokop 165 Craigbrook Way N.E. Fridley, NN 55432 Elc'�n Metaxas 175 Craigbrook inTay .N.E. Fridley, NY�i 55432 Dcs�ald Giorgio 185 Crai�rook �iay N.E. �Yic3ley, NIl�i 55432 Willia¢n Hoyt 195 Craigbrook Way N.E. FYi.dley, NIl�T 55432 Rc�ald Ta�r 13557 Heather Arioka, 1�T 55304 Wilford Raeker 215 Cxai�rook Way N.E. Fridley, NN 55432 Cynthia 1�obb Z852 �izwood Way N.E. Fridley, N�T 55432 L�e Grant 7844 Finnrood Way N.E. Fridley, NIl�T 55432 Mark Jedlenski � Resident l�es:i,dent Lena Tra.ethart 7833 Fizwood Way N.E. 174 �ear�on �Iay A1.E. 7837 �earson V�Tay N.E. Fridley, NA�i 55432 Fridley, N�T 55432 �.a1e�, NIl�T 55432 < ^ � VAR #92--24. � Mailing List - page 2 F'ranci.s Arc�ier 7843 Pearson Htay N.E. Fridley, MV 55432 David Spea)anan 7851 PearsQn Way N.E. Fridley, NIl�T 55�432 Yevett�e Pasalys�m 7844 Pearscn Way N.E. Fridley, NIl�i 55432 C�tis �ae�mller 7838 Pearsc�n Way N.E. Fridley, N.�T 55432 Leonard Shea 783Q Pearsce� Wa� N,E. Fridley, N�i 55432 James Hanson 7824 Pea.rson Way N.E. Fridley, N.�i 55�432 Leonard Samuel.scaz 780Q FaSt Ri:ver Road Fridley, NA�T 55432 � � ��N �F FRlDLEY COMMISSION APPLICATION REVIEW FILE NUMBER �� a� ,--�nE�pG�ar�� FILE DESCRIPTION �#92-24 5� 10/26/92 11/10/92 7830 Fizwood Way N.E. COMPLETE REVIEW CHECKLIST AND RETURN TO PLANNING D,EPT. B D. �'�MICHELE M. �a•�•�% 0 SCOTT E. F.,�� ❑ CLYDE VI/. M. M.��; JIM H. ��- y ❑ CHUCK M. .� n - � COMMENTS � � CITY OF FRIDLEY 6431 LINIVERSITY AVENLIE N.E. FRIDLEY, MN 55432 �' _ � �__ �� (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT VARIANCE APPLICATION FORM - site plan required for submittal; see attached Address: �� Z� �o C� � � Property Identification Number (PIl� Legal description: Lot / Block �-- Tract/Addition � q �� Current zoning: Square fo ge/ Gge Reason for variance and hardship: ' � 3�./��..:. s Section of City Code: ave you operated a business in a city which required a business license? Yes No If yes, which city? If yes, what type of business? Was that lic�nse ever denied or revoked? Yes No ...�.... FFF nW1�TFR iNFnRMATION (as it appears oa the property title) (Contract Purchasers: Fee NAME ��Yi�.-ol_ ! S'u� SIGNA' must sign this form prior to processing} �. 19 PETITIONER INFORMATION NAME ADDRFSS SIGNATURE DAYTIME PHONE �% I � �� , DATE � 2.6 2�._ DAYTIME PHONE DATE ,.,,.,,..,..,.y..,.,,� � �- Fee: $100.00 $ 60.00 ✓ for residential properties Pemut VAR # � � . 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