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AF-V - 45649� CITY OF FRIDLEY 6431 UNIVERSITY AVENUE FRIDLEY, MN 55432 (763)572-3592 � COMMUN(TY DEVELOPMENT DEPARTMENT VARIANCE APPLICATION FOR: Residential Commercialllndustrial Signs (certificate of survey required for submittal, see attached) Property Identification Number: Legal Description: Lot� Current Zoning: Reason for Variance: Square Have you operated b siness in a city which required a business license? Yes No � If Yes, which City? If Yes, what type of business? Was that license ever denied or revoked? Yes No FEE OWNER INFORMATION (as it appears on the property title} rr.�ntract nurchasers: Fee owners must sign this form prior to processing.) DAYTIME SIGNATURElDATE: �_�_��..__�__.....,_,.,...�__..��_..,._�....,.__..�_�.,�____�_,.,.�.�_�....,..,.,_..........�_.,_.._�.._-___.,_.... NAME DAYTIME ,TUREIDATE: �..�_�_..�_��..�-...._�..�..�_�__�_.....,....�..�....�_�_��..�..�.._�..�_�_��....___�..,..,...,_� Section of City Code: $1,400.00 for commercial, industrial, or signs: 2 0 or residential properties:V� Receipt #: 5{�I �( Received B�� - • -- .. _, _. �. w Scheduled Appeals Commission Date: Scheduled City Council Date: U-/G 10 Day Application Complete Noti�cati 60 Day Date• /1-/'7 - ��o - O �p �� VARIANCE APPLICATION SUBMISSION CHECKLIST The foltowing shall be the minimum submission requirements to the Appeals Commission. Applications will not be accepted if the following is not submitted: RESIDENTIAL: ITEM SUBMITTED RECEIVER'S COMPLETE REVIEWER'S iwmai.s �Nmn�s Completed application, with fee (Application is considered complete if ali blanks are completed, and both fee owner and etitioner have si ned. Scated certificate of survey, by a certified surveyor, of property showing north arrow, existing and proposed structures, lot and block number, adjacent street names, and buildings on adjacent lots within 10 feet of the common lot lines. Elevation of building and description of materials. Narrative of proposed building, and hardshi statement. COMMERCIAL AND 1NDUSTRIAL: ITEM SUBMITTED RECENER'S COMPLETE REVIEWER'S INITIALS INITIALS Completed application, with fee (Application is considered complete if atl blanks are completed, and both fee owner and etitioner have si ned. Scaled certificate of survey, by a certified surveyor, of property showing north arrow, existing and proposed structures, lot and block number, adjacent street names, and buildings on adjacent lots within 10 feet of the common lot lines. Elevation of building and description of materials. Landscape plan for all projects requiring a parking lot expansion of four 4 or more s aces. Gradin and draina e lan. Erosion control lan. , Febniary I5, 2006 Narrative for 6' Fence. I would like to replace the 4' fence in my backyard with a 6' fence. Since Chesney Way was reconshvcted last summer, it raisecl the road approximately 18". This created a situation were you can step from the road to the top of the fence and over. I am worried that tlus dces not pmvide the safety I would like for my children. Hardship Summary Since I have a public access front and back, I am considered to have two front yazds. And since the mad was raised a 4' fence cannot pmvide any security. , c.,JU. C. �o�uun a�d v4ssociates, �u�c. LANDSURYEYORS ' 10130 HIGHWAY 65 NORTHEAST MiNNEAPOLIS, MINNESOTA 55433 MORTGAGE LOAN CERTIFICATE: �Q'r �E�� C/� GLEN C REEK ROAD . — 90 � ' I i dt rl m� l-S-F i House 26.3�b ;h 0 � � � m � , �i I I ml �+ O ( ca � ,i 1775 .. 14.1 � 13.G 44. �o i[j � Q i�.e n� .; —, _ �z iziz , � I t � I �� i I 7F 16_93 � � I-S-F I� �; }iov=E � , lYi .; �_ Telephone 784-5480 Telepl+one 784-5480 / �'_`/ r SGALE: I "=30' 2763= l �O7-(oo .� � - '�TT7 �ZT-�L71 ' f ��o,,v. . LL . . .�o , -- -.- _ . _ ., ._ .., - _:..�_ ;. _�. , ci�su�Y r,�f��' - - _ 1EGAL DESCRIFTIOiJ; __ _ . _ _ lot 3, Btock 2, Qak Creek Addition Plzt 2, Aneka Coun'ty,.fdlnnesota. 7N15� 15 A RAT SNOWWG iME BOUNOARIES OF TME LAND ABO�E DEXRI6ED AN� OF THE tOCAT10N OF ALl 6URDWGS, IF ANY, TFfEREON, ANO ALL N518LE ENCROACMMENTS, IF ANY, FROM OR ON SA1D tAND. NO LIABHRY �5 ASSUMED EXCEM TO TXE XOIDER OF A MOQTGAGE LOAN NOW 86NG PLwCED ON iHE PROPERTY OR ANY OTHER INTEREST ACQVIRED !Y THE REASON OF SUCH MOR7GAGE tt IS UNDERSTOOD AND AGREED NO MONUMBiTS HAVE BEFf! PUCED fOR TNE PURPOSE OF ESTAEl15HNG LOT UNES OR BOUNDAQY COiWERS. , • � DATED iHIS ._..�.�n ... �AY OF .......... ... VU�Y.___.._............................... AD. 19.Z.Q..... N. C. HO�UM ANO A$SOCI TE , INC. — LAND SURVEYORS �1.-'� �,�a,.. �: . ;- .._..: :: .... �_ e 9 February 15, 2006 Narrative for 6' Fence. I would like to replace the 4' fence in my backyard with a 6' fence. Since Chesney Way was reconstructed last summer, it raised the mad approximately 18". This created a situation were you can step from the road to the top of the fence and over. I am worried that this dces not pmvide the safety I would like for my children. Hardship Summary Since I have a public access &ont and back, I am considered to have two front yazds. And since the road was raised a 4' fence cannot provide any security. _ _ UTYOE FRIDLEY FRIDLEY MUNICIPAL CENTER • 6431 iJNIVERSTTY AVE. N.E. FRIDLEY, MN 55432 (763) 5713450 • FAX (763) 571-1287 • TTD/ITY (763) 5723534 February 27, 2�06 Kurt Becker 124 Glen Creek Road Fridley MN 55432 Dear Mr. Becker: Per Minnesota Statute 15.99, local government units are required to notify land use applicants within 15 working days if their land use appfications are complete. We officially received your application for a variance on February 17, 2006. This letter serves to inform you that your appiication is complete. Your Variance application hearing and discussion will take place at the City of Fridley Appeals Commission Meeting on March 22, 2006 at 7:30 P.M. in the City Counci� Chambers at 6431 University Avenue. If your variance application needs to be reviewed by the City Council, the meeting will be held on April 10, 2006 at 7:30 in the City Council Chambers. If you have any questions regarding this letter or the process, please feel free to contact me at 763-572-3595. Sincerely, ��' l�(�t/ Stacy Str � berg � Planner 1 c-os-7 5 CITY OF FRIDLEY PUBLIC HEARING NOTICE BEFORE THE APPEALS COMMISSION TO: All property owners/residents within 350 feet of property generally located at 124 Glen Creek Road NE. CASE NUMBER: Variance, VAR #06-03 APPL/CANT: Kurt Becker Petitioner or re resentative must attend the A eals Commission meetin . PURPOSE: Petitioner is requesting a variance to increase the height of a fence on a doubie frontage lot from 4 ft. to 6 ft. to allow the construction of a new fence on the south side of the property. LOCATION OF 124 Glen Creek Road NE PROPERTYAND LEGAL Lot 3, Block 2, Oak Creek Addition Plat 2 DESCRtPT10N: DATE AND TlME OF Appeals Commission Meeting: HEARING: Wednesday, March 22, 2006, at 7;30 p.m. The Appeals Commission Meetings are televised live the night of the meeting on Channel 17. PLACE OF Fridley Municipal Center, City Council Chambers HEARING: 6431 University Avenue N.E., Fridley, MN HOW TO 1. You may attend hearings and testify. PARTICIPATE: 2. You may send a letter before the hearing to Stacy Stromberg, Planner, at 6431 University Avenue N.E., Fridley, MN 55432 or FAX at 763-571-1287. SPEC/AL Hearing impaired persons planning to attend who need an ACCOMODATIONS: Interpreter or other persons with disabilities who.require auxiliary aids should contact Roberta Co(lins at 763-572-3500 no later than March 16, 2006. The TDD # is 763-572-3534. ANY QUESTlONS: Contact Stacy Stromberg, Planner, at 763-572-3595. *PROPOSED CITY The proposed City Council meeting date for this item will be COUNCIL MEETING on Monday, April 10, 2006. "This date is subject to change depending on the outcome of the Appeals Commission meeting. Please confirm City Council date prior to attending City Council meeting. (Piease note residentiai variances, if approved by Appeals Commission do not go on to City Council only if they are denied. Commercial variances do go on to City Cauncil weather they are approved or denied by the Appeals Commission. Mailed: March 10, 2006 �YI' C1TY OF FRIDLEY COMMUNITY DEVELOPMENT DEPARTMENT PUBLIC HEARING NOTICE ,' � ., , I �� '� � 115 iaoo � �. � ' . 139 i' ' ', 73 '�� 150 � � � -- , _ ; , , r � � � � , , , � �,�. 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' 7119 ,�� ' r � , - ,, ' 0 _ 7115 -_ SOURCES Fridley Engineering Fridley GIS Moka Counry GIS Map Date: March 1 �, 2�Q6 Variance: VAR #06-03 Petitioner: Kurt Becker 124 Glen Creek Road NE N W�E S CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 129 LOGAN PKY NE 145 LOGAN PKY NE 159 LOGAN PKY NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 CURRENT RESIDENT 7315 E RIVER RD NE FRIDLEY, MN 55432 CURRENT RESIDENT 139 GLEN CREEK RD NE FRIDLEY, MN 55432 CURRENT RESIDENT 123 CHESNEY WAY NE FRIDLEY, MN 55432 CURRENT RESIDENT 48 TALMADGE WAY NE FRIDLEY, MN 55432 CURRENT RESIDENT 135 GLEN CREEK RD NE FRIDLEY, MN 55432 CURRENT RESIDENT 112 GLEN CREEK RD NE FRIDLEY, MN 55432 CURRENT RESIDENT 148 GLEN CREEK RD NE FRIDLEY, MN 55432 CURRENT RESIDENT 7355 E RIVER RD NE FRIDLEY, MN 55432 CURRENT RESIDENT 7321 E RIVER RD NE FRIDLEY, MN 55432 CURRENT RESIDENT 7356 E RIVER RD NE FRIDLEY, MN 55432 CURRENT RESIDENT 7300 E RIVER RD NE FRIDLEY, MN 55432 CURRENT RESIDENT 60 TALMADGE WAY NE FRIDLEY. MN 55432 CURRENT RESIDENT 139 GLEN CREEK RD NE FRIDLEY, MN 55432 CURRENT RESIDENT 124 GLEN CREEK RD NE FRIDLEY, MN 55432 CURRENT RESIDENT 109 GLEN CREEK RD NE FRIDLEY. MN 55432 CURRENT RESIDENT 7335 E RIVER RD NE FRIDLEY, MN 55432 CURRENT RESIDENT 115 GLEN CREEK RD NE FRIDLEY. MN 55432 CURRENT RESIDENT 147 CHESNEY WAY NE FRIDLEY, MN 55432 CURREN7 RESIDENT 36 TALMADGE WAY NE FRIDLEY. MN 55432 CURRENT RESIDENT 123 GLEN CREEK RD NE FRIDLEY, MN 55432 CURRENT RESI�ENT 100 GLEN CREEK RD NE FRIDLEY. MN 55432 CURRENT RESIDENT 136 GLEN CREEK RD NE FRIDLEY. MN 55432 CURRENT RESIDENT 7340 E RIVER RD NE FRIDLEY, MN 55432 CURRENT RESIDENT 29 LOGAN PKY NE FRIDLEY, MN 55432 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 39 LOGAN PKY NE 59 LOGAN PKY NE 79 LOGAN PKY NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRI�LEY, MN 55432 Devetopment Review Committee Worksheet Address• 124 Glen Creek Rd Land Use Case: VAR #06-03 ❑ Paut Bolin ❑ Scott Hickok o Ralph Messer o Kevin Hanson ❑ Dave Jensen ❑ Layne Otteson ❑ Rachel Harris ❑ Julie ]ones ❑ Mary Smith ❑ Jon Haukaas a Ron ]ulkowski 1� Stacy Stromberg �� Plannina Issues: o Setbacks ❑ Lot coverage ❑ Allowable square footage ❑ Height o Landscape o� Hards��ment/narr�tive a Buildina Tssues: ❑ IBC ❑ Enaineerina issues: o Drainage ❑ Utilities ❑ Curbing requirements ❑ Fire Issues: ❑ Truck access ❑ Sprinkler requirements ❑ Hydrant location ❑ Name• _, � Date• Development Review Committee Worksheet Address• 124 Glen Creek Rd Land Use Case: VAR #06-03 o Paul Bolin ❑ Scott Hickok o Ralph Messer ❑ Kevin Hanson ❑ Dave Jensen ❑ Layne Otteson ❑ Rachel Harris � Jutie Jones o Mary Smith ❑ Jon Haukaas o Ron Julkowski o Stacy Stromberg Plannina Issues: ❑ Setbacks o Lotcoverage ❑ Allowable square footage ❑ Height ❑ Landscape ❑ Hardship statement/narrative 0 Buildina Issues: ❑ IBC ❑ Stiaulations: Enaineerina Issues: ❑ Drainage ❑ Utilities ❑ Curbing requirements ❑ Fire Issues: o Truck access ❑ Sprinkler requirements ❑ Hydrant location ❑ Comments: l -� Name: �.___ i�.�.,. L-- 1��,� Date• -�/= �� .� Development Review Committee Worksheet Address: 124 Glen Creek Rd Land Use Case: VAR #06-03 ❑ Paul Bolin ❑ Kevin Hanson o Rachel Harris ❑ Jon Haukaas . . Plannina Issues: ❑ Setbacks ❑ Lot coverage ❑ Allowable square footage ❑ Height ❑ Landscape o Hardship statement/narrative ❑ Buildina Issues: � Stipulations: Comments: Name: ( Scott Hickok ❑ Ralph Messer Dave Jensen o Layne Otteson Julie Jones ❑ Mary Smith Ron Julkowski ❑ Stacy Stromberg Enaineerina Issues: ❑ Drainage ❑ Utilities ❑ Curbing requirements 0 Fire Issues: o Truck access o Sprinkler requirements ❑ Hydrant location ❑ Develonment Review Committee Worksheet Address: 1Z4 Glen Creek Rd Land Use Case: VAR #06-03 �Paul Bolin o Scott Hickok ❑ Ralph Messer a Kevin Hanson ❑ Dave lensen ❑ layne Otteson ❑ Rachel Harris ❑ Julie Jones ❑ Mary Smith ❑ Jon Haukaas ❑ Ron Julkowski ❑ Stacy Stromberg Plannina Issues: `�'f Setbacks �o � Lot coverage o Aliowable square footage ❑ Height o Landscape ❑ Hardship statement/narrative ❑ Buildina Issues: ❑ IBC 0 Stipulations: Comments: Enaineerina Issues: ❑ Drainage ❑ Utilities o Curbing requirements ❑ Fire Issues: o Truck access o Sprinkler requirements ❑ Hydrantiocation ❑ Name: � Date: 2 �� ZI�_ Develo�ment Review Committee Worksheet Address: 124 Glen Creek Rd Land Use Case: VAR #06-03 o Paul Bolin ❑ Scott Hickok o Ralph Messer ❑ Kevin Hanson ❑ Dave ]ensen o Layne Otteson ❑ Rachel Harris ❑ Julie Jones ❑ Mary Smith ❑ Jon Haukaas ❑ Ron Julkowski ❑ Stacy Stromberg Plannina Issues: ❑ Setbacks ❑ Lot coverege ❑ Ailowable square footage o Height ❑ Landscape ❑ Hardship statement/narrative ❑ Buildina Issues: o IBC ❑ Stipulations: Comments: Nami Enaineerina Issues: ❑ Drainage o Utilities ❑ Curbing requirements ❑ Fire Issues: ❑ Truck access ❑ Sprinkler requirements ❑ Hydrantlocation ❑ Development Review Committee Worksheet Address: 124 Glen Creek Rd Land Use Case: VAR #06-03 ❑ Paul Bolin o Scott Hickok a Ralph Messer ❑ Kevin Hanson ❑ Dave Jensen ❑ Layne Otteson � Rachel Harris ❑ Julie Jones ❑ Mary Smith o Jon Haukaas o Ron Julkowski ❑ Stacy Stromberg Plannina Issues: ❑ Setbacks ❑ Lotcoverage o Allowable square footage ❑ Height o Landscape ❑ Hardship statement/narrative ❑ Buildina issues: ❑ IBC 0 Stipulations: �........,._�... Enaineerina Issues: a Drainage ❑ Utilities ❑ Curbing requirements 0 Fire Issues: o Truck access ❑ Sprinkler requirements ❑ Hydrant location ❑ Name: �((��,�C �l 1l /�- Date: �-- � I � �a � 0 � � �aa�, 6nvm .the Deek os Joe Men.th �� : � �1ZG�. �,�-� �� . .��-��' ��,��J�� .� ��.�� 7�� a � ,�-�- �� .��- -� a�_ �3. ,� �.� ,�°�.�o � z�. .�.�� -�-�s=-�� (;u�„�. J�o� a� � �� -�-�" .� ��r �,�-��- �,�� ,� �, ,��.�.�-7`-�- �- .�-�° � � � ��`� �� ti.�� ''�- ; � � �x� / � �� -�-� �� .. �° ��,.�. �y� �`-' �� City of Fridley Land Use Application VAR #06-03 March 22, 20D6 GENERAL INFORMATION SPECIAL INFORMATION Applica�t: Kurt Becker 124 Glen Creek Road Fridley MN 55432 Requested Action: Variance to allow a 6 ft. fence on a double frontage lot. Existing Zoning: R-1 (Single Family Residential) Location: 124 Glen Creek Road Size: 10,125 sq. ft. .23 acres Existing Land Use: Single family home. Surrounding Land Use & Zoning: N: Single Family & R-1 E: Single Family & R-1 S: Single Family & R-1 W: Single Family & R-1 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Sec. 205.04.6.A,(7) requires a fence in the "fronY' yard not exceed 4 ft. in height. Zoning History: 1955 - Lot is platted. 1955 - Home and Garage are built. 1970 - Sun porch addition and addition to garage. Legal Description of Property: Lot 3, Block 2, Oak Creek Addition, Plat Public Utilities: Home is connected. Transportation: Glen Creek Road provides access to the residence. Physical Characteristics: Typical suburban landscaping. SUMMARY OF PROJEG I Mr. Becker, petitioner, is seeking a variance to construct a 6 ft. tall fence along the southern border of his double frontage lot. This fence will replace the existing 4 ft. fence. SUMMARY OF HARDSHIP "1 would like to replace the 4 fr. fence in my backyard with a 6 ft. ience. Since Chesney Way was reconstrucied last summer, rt rarsed the road approximately 18 inches. This created a situation where you can step from the road to the top of fhe fence and over. I am worried that fhis does nof provide the safety 1 would like for my children. Since I have publrc access in the front and back of my property, 1 am considered to have two front yards. Since the road was raised a 4 R. fence cannot provide safefy. "- Kurt Becker SUMMARY OF ANALYSIS Cify Staff recommends approval of fhis vanance request. ■ Uniqueness of the development behind the property provides undue hardship. ■ This single family property isn't able Yo follow code standards similar to other single family properties in Fridley. CITY COUNCIL ACTION/ 60 DAY DATE City Council - April 10, 2006 (View from Chesney Way) Staff Report Prepared by: Stacy Stromberg VAR #06-03 REQUEST The petitioner, Kurt Becker, is seeking a variance to increase the fence height requirement from 4 ft. to 6 ft. on his double frontage lot, which is located at 124 Glen Creek Road. The construction of the new 6 ft. fence will replace the petitioner's existing 4 ft. fence along the southern border of the property and will enclose the entire rear yard. ANALY5IS The subject property is zoned R-1, Single Family, as are all surrounding properties. The property is located on Glen Creek Road, west of East River Road, with the home being "squared up" to and fronting on Glen Creek Road. The dimensions of the lot are 90 feet by 135 feet and it is a rectangular shape. The existing home and single stall garage were built in 1955. An additional stall was added to the garage in 1970. Chesney Way borders Yhe property on the southern side. Therefore, this property is considered to have a double frontage. Chesney Way is a half right-of-way (25 ft. wide) that was dedicated as a street in 1973. Three residences receive access from Chesney Way and two of the homes on Chesney Way face the backyards of the homes on Glen Creek Road. The Chesney Acres development is unconventional by modern day standards and would not be permitted according to current street width standards. The half right-of-way and the fact that the homes face the backyards of other single family homes, is something that is rarely seen. Due to the uniqueness of the Chesney Acres development, property owners on Glen Creek Road are subject to different standards related to the use of there backyards compared to other single family properties in Fridley. City Code requires that properties with street frontages on both sides of their lots comply with front yard regulations. In residential districts, the City Code states that the maximum height of a fence in the front yard is 4 ft and the maximum height for a fence in the side and rear yard is 7 ft. The petitioner is proposing to replace his existing 4 ft. chain link fence in his rear yard with a 6 ft. vinyl or wood privacy fence. City staff has received comments from one neighboring property owner who was interested in the type of material the petitioner would be using for his new fence. He stated that he didn't have a problem with the petitioner's request. SUMMARY OF HARDSHIP "I would like to replace the 4 ft. fence in my backyard with a 6 ft. fence. Since Chesney Way was reconstructed last summer, it raised the road approximately 18 inches. This created a situation where you can step from the road to the top of the fence and over. I am worried that this does not provide the safety I would like for my children. Since I have public access in the front and back of my property, I am considered to have two front yards. Since the road was raised a 4 ft. fence cannot provide safety." -Kurt Becker City Staff recommends approva! of this variance request. ■ Uniqueness of the development behind the property provides undue hardship. ■ This single family property isn't able to follow code standards similar to other single family properties in Fridley. CITY OF FRIDLEY APPEALS COMMISSION MARCH 22, 2006 CALL TO ORDER: Commissioner Sielaff called the regular meeting of the Appeals 7:30 p.m. / ROLL CALL: MEMBERS PRESENT: MEMBERS ABSENT Ellard Larry to order at , Brad Sielaff, Diane Savage (alternate) Ken Vos, Blaine Jones OTHERS PRESENT: cy Stromberg, City Planner Kurt Becker, 124 Glenn Creek Road APPROVE APPE COMMISSION MEETING MINUETS: - January 11, 2006 MOTION by ommissioner Briesmeister, seconded by Commissioner Savage to approve e minutes as presented. V A VOICE VOTE, ALL VQTING AYE, COMMISSIONER StE�AFF DECLARED MOTION CARRIED UNAMINOUSLY. PUBLIC HEAI2ING: 1. Variance request, VAR #06-03, by Kurt Becker to increase the height of a fence on a double frontage lot from 4 ft. to 6 ft. to allow the construction of a new fence on the south side of the property, generally located at 124 Glen Creek Road NE. MOTION by Commissioner Briesmeister, seconded by Commissioner Savage, to open the public hearing. UPON A UNANIMOUS VOICE VOTE, ALL VOTING AYE, COMMISSIONER SIELAFF DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 7:35 P.M. Ms. Stromberg, City Planner, presented a request from the petitioner, Kurt Becker, who is seeking a variance to increase the fence height requirement from 4 ft. to 6 ft. on his double frontage lot, which is located at 124 Glen Creek Road. The construction of the new 6 ft. fence will replace the petitioner's existing 4 ft. fence along the southern border of the property, and the petitioner hopes to eventually enclose the rest of the rear yard with the same type of fence material. The petitioner hard ship summary states "I would like to replace the 4 ft. fence in my backyard with a 6 ft. fence. Since Chesney Way was reconstructed last summer, it raised the road approximately 18 inches. This created a situation where you can step from the road to the top of the fence and over. I am worried that this does not provide the safety i would like for my childre�. Since l have public access in the front and back of my property, I am considered to have two March 22 200fi(AC) front yards. Since the road was raised, a 4 ft. fence cannot provide safety." 2of4 Ms. Stromberg stated that the subject property is zoned R-1 Single Family, as are all surrounding properties. The existing home and single stall garage were built in 1955. An additional stall was added to the garage in 1970. Chesney Way borders the property on the southern side. Therefore, this property is considered to have a double frontage. Chesney Way is a half righf-of-way (25 ft. wide) that was dedicated as a street in 1973. The Chesney Acres development is unconventional by modern day standards and wouid not be permitted according to current street width standards. The half right-of-way and the fact that the homes face the backyards of other single family homes, is something that is rarely seen. Due to the uniqueness of the Chesney Acres development, property owners on Glen Creek Road are subject to different standards related to the use of their backyards compared to other singie family properties in Fridley. Ms. Stromberg reviewed that City Code requires properties with street frontages on both sides of their lots fo comply with front yard regulations. In residential districts, the City Code states that the maximum height of a fence in the front yard is 4 ft. and the maximum height for a fence in the side and rear yard is 7 ft. The petitioner is proposing to replace his existing 4 ft. chain link fence in his rear yard with a 6 ft. vinyl or wood privacy fence. Ms. Stromberg stated that City staff City staff has received comments from two neighboring property owners. Both of the neighbors we heard comments from live on Chesney Way and face the petitioner's rear yard. One of the neighbors was interested in the type of material the petitioner would be using for his new fence and has since submitted a letter in favor of the petitioner's request. The other neighbors concerns were also relating to the type of material of the fence and his strong interest in making sure iYs properly maintained. Ms. Stromberg stated that today, we heard trom the property owner aY 112 Glen Creek Road. He is in favor of the petitioner's request, but has general concerns about why the homes on Glen Creek Road are considered to have a double frontage and why do they have to foliow separate standards than other single family lots. He doesn't feel that it is fair and he doesn't feel that the homeowners on Glen Creek Road were properly notified when Chesney Way became a public street and notified how it would affect them as property owners. Ms. Stromberg stated City Staff recommends approval of this variance request because of the uniqueness of the development behind the property provides undue hardship and this single family property isn't able to follow code standards similar to other single family properties in Fridley. If the variance is granted, staff recommends that the following stipulations be attached: 1. The petitioner shall install a finished fence and properly maintain the fence in good condition. 2. The petitioner shall maintain the area south of the fence location (between fence and Chesney Way right-of-way) 3. The petitioner shall install a gate within the fence to allow maintenance of the area south of the fence. Commissioner Briesmeister shared concern regarding the distance from the fence to the blacktop and that it is not a standard distance. His concem was if someone opened March 22 2006(AC) 3of4 their car door it could potentially hit the fence. He also questioned snow plowing the streets and if enough room was allowed for a snow bank. If the fence was damaged because of the snow plow, who would be responsible for fixing the fence, the City or the owner of the property. Ms. Stromberg answered that she was not sure who would be responsible for repairing a damaged fence but thought if the City damaged the fence, the City would be responsible to repair the fence. She would need to clarify this and get back to the Appeals Commission at a later date. Commissioner Briesmeister also questioned who is responsible to maintain the property grounds between the fence and the road. Ms. Stromberg answered that the property owner and in this case the petitioner is responsible for maintaining the boulevard area and the petitioner has been working with the Engineering Staff to determine the best material to be used for maintenance of this area. Commissioner Savage asked the petitioner, Kurt Becker, what type of material the fence would consist of and if he had any problems with the stipulations. Kurt Becker, of 124 Glen Creek Road, stated that he has not decided if he will build a wood or vinyl fence. Regardless of the material he stated that he would keep the fence looking nice and that it would be built of quality materials. Mr. Becker has been working with the public works department deciding what material would be the best solution for the area between the fence and the new curb on Chesney Way. He also does not have any problem with the stipulations. Commissioner Briesmeister questioned if Mr. Becker has had any contact with his neighbors regarding the fence. Mr. Becker replied that he is working with neighbors and looking for the best way to handle the construction of the fence. MOTION by Commissioner Savage, seconded by Commissioner Briesmeister, to close the public hearing. UPON A UNANIMOUS VOICE VOTE, ALL VOTING AYE, COMMISSIONER SIELAFF DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:46 P.M. Commissioner Briesmeister stated that he has reviewed all the information presented and if Mr. Becker agrees with the stipulations he was ok with the fence. Commissioner Savage stated that this is a unique piece of property and because of safety concerns included in the hardship, she concurred with Commissioner Briesmeister. Commissioner Sielaff agreed that it is a unique situation and if the neighbors are okay with a higher fence, he was also okay with the variance request. March 22 2006(AC) 4 of 4 MOTION by Commissioner Briesmeister, seconded by Commissioner Savage to admit a letter addressed to staff from a neighbor into the records. UPON A UNANIUMOUS VOICE VOTE, ALL VOTING AYE, COMMISSIONER SIELAFF DECLARED THE MOTION CARRIED AND THE LETTER TO BE ADMITTED TO THE APPEALS COMMISSION RECORD. MOTION by Commissioner Briesmeister, seconded by Commissioner Savage to approve Variance Request, VAR #06-03, to increase the height of a fence on a double frontage lot from 4 ft. to 6 ft. to allow the construction of a new fence on the south side of the property, generally located at 124 Glen Creek Road NE with the following stipulations attached: 1. The petitioner shall install a finished fence and properly maintain the fence in good condition. 2. The petitioner shall maintain the area south of the fence location (between fence and Chesney Way right-of-way) 3, The petitioner shall install a gate within the fence to allow maintenance of the area south of the fence, UPON A UNANIMOUS VOICE VOTE, ALL VOTING AYE, COMMISSIONER SIELAFF DECLARED THE MOTION CARRIED. UPDATE ON PLANNING COMMISSION AND CITY COUNTIL ACTION Ms. Str berg stated that since the last meeting on January 11`h, 2006, the Rice Creek Townhome riance regarding the side yard set back has been approved by the City Council and th otino Grace High School Auditorium addition was also approved. She also stated that th ril 12`h, 2006 meeting has been cancelled. 3. Ms. Stromberg stated the April ADJOURNMENT; MOTION by Commissioner Briesmeister, adjourn. meeting has been cancelled. UPON UNANIMOUS VOICE VOTE, COMMISSIONER MEETING ADJOURNED AT 7:50 p.m. Respectfully 5ubmitted, r . / � �" Krisfa Monsrud Recording Secretary Commissioner Savage to THE � _ UIYOF FR[DLEY FRiDLEY MUNICIPAL CENTER • 6431 UNIVERSTTY AVE. N.E. FRIDLEY, MN 55432 (763) 571-3450 • FAX (763) 571-1287 • TTD/I'fY (763) 5723534 APPEALS COMMISSION ACTION TAKEN NOTICE March 27, 2006 Kurt Becker 124 Glen Creek Road Fridley, MN 55432 Dear Mr. Becker: On Wednesday, March 22, 2006, the Fridley Appeals Commission o�cially approved your Variance, VAR #06-03, to increase the fence height requirement from 4 ft. to 6 ft. on the double frontage lot, to allow construction of a fence on the south side of the property, legally described as Lot 3, Block 2, Oak Creek Addition Plat 2, generally located at 124 Glen Creek Road NE. Approvaf of this variance is contingent upon the following stipulations: 1. The petitioner shalf instali a finished fence and properly maintain the fence in good condition. 2. The Petitioner shall maintain the area south of the fence location (between fence and Chesney Way right-of-way. 3. The petitioner shall install a gate within the fence to allow maintenance oi the area south of the fence. You have one year from the date of the City Council action to initiate construction. If you cannot begin construction during this 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 763-572-3595. Sincerely, ^ ; „ f��- �,�° �-�� U� ,�� S acy tr�� berg � Planner .l � SS/jb cc: Variance File Stacy Stromberg • __...� . ..:..... .6 Please review the above, sign the statement below and return one copy to the City of Fridley Planning Department by April 14, 2006. ConCUr with action taken. CGO6-24 � _ CITYOF FR[DLEY FRIDLEY Mi7NICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 (763) 571-3450 • FAX (763) 571-1287 • TiD/I1'Y (763) 572-3534 APPEALS COMMISSION ACTION TAKEN NOTICE March 27, 2006 Kurt Becker 124 Glen Creek Road Fridley, MN 55432 Dear Mr. Becker: On Wednesday, March 22, 2006, the Fridley Appeals Commission officially approved your Variance, VAR #06-03, to increase the fence height requirement from 4 ft. to 6 ft. on the double frontage lot, to allow construction of a fence on the south side of the property, legal{y described as Lot 3, Block 2, Oak Creek Addition Plat 2, generally located at 124 Glen Creek Road NE. Approval of this variance is contingent upon the following stipulations: 1. The petitioner shall install a finished fence and properly maintain the fence in good condition. 2. The Petitioner sha11 maintain the area south of the fence location (between fence and Chesney Way right-of-way. 3. The petitioner shall install a gate within the fence to allow maintenance of the area south of the fence. You have one year from the date of the City Council action to initiate construction. If you cannot begin construction during this time, you must submit a letter requesting an extension at least th�ee weeks prior to the expi�ation date. If you have any questions regarding the above action, please call me at 763-572-3595. Sincerely, , 1��/ ^�i,L`'7 � t�"'�/ I� Stacy tr��berg ( Planner ti,) SS/jb cc: Variance File Stacy Stromberg Permit Technician Please review the above, sign the statement below and returl�ne to t�fe City � Fridley Planning Department by April 14, 2006. � ,�n , CC-as-2a � . � STATE OF MINNESOTA COUNTY OF ANOKA CITY OF FRIDLEY ) ) In the Matter of: A Variance, VAR #06-03 Owner: Kurt J. Becker and Mary J. Becker I IIIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII Record ID 1673727 19$3431.005 APPEALS COMMISSION PROCEEDWGS VARIANCE The above entitled matter came before the Appeals Commission of the City of Fridley and was heard on the 22"a day of March, 2�Q6, on a petition for a variance pursuant to the City of Fridley's Zoning Ordinance, for the following described property: To increase the height of a fence on a double frontage lot from G ft. to 6 ft. to allow ihe construction of a new fence on the south side of the property, legally described as Lot 3, Block 2, Oak Creek Addition Plat 2, subject to easement of record, generally located at 124 Glen Creek Road. IT IS ORDERED that a variance be granted as upon the following conditions or reasons: Approval wiih 3 stipulations. See Appeals Commission meeting minutes of March 22nd, 2006 STATE OF MINNESOTA COUNTY OF ANOKA } ) CITY OF FRIDLEY ) OFFICE OF THE CITY CLERK ' • � I, Debra A. Skogen, City Clerk for the City of Fridley, with and in for said City of Fridley, do hereby certify that I have compared the foregoing copy and Qrder granting a variance with the original record thereof preserved in my o�ce, and have found the same to be a correct and true transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at the City of Fridley, Minnesota, in the County of Anoka on the �>7. day of Qn.ti,�.¢., , 2006. DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 �� Debra A. 5kogen, City CI k �� (SEAL) �� j ' � CITY OF FI2IDLEY APPEALS COMMISSION MARCH 22, 2006 CALL TO ORDER: Commissioner Sielaff called the regular meeting of the Appeals Commission to order at 7:30 p.m. ROLL CALL: MEMBERS PRESENT: MEMBERS ABSENT: OTHERS PRESENT Ellard Briesmeister, Brad Sielaff, Diane Savage (alternate) Larry Kuecfi{e, Ken Vos, Blaine Jones Stacy Stromberg, City Planner Kurt Becker. 124 Glenn Creek Road APPROVE APPEALS COMMISSION MEETING MINUETS: - January 11, 2006 MOTION by Commissioner Briesmeister, seconded by Commissioner Savage to approve the minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, COMMISSIONER SIELAFF DECLAREQ THE MOTION CARRIED UNAMINOUSLY. PUBLfC HEARING: Variance request, VAR #06-03, by Kurt Becker to increase the height of a fence on a double frontage lot from 4 ft. to 6 ft. to allow the construction of a new fence on the south side of the property, generally located at 124 Glen Creek Road NE. MOTION by Commissioner Briesmeister, seconded by Commissioner Savage, to open the public hearing. UPON A UNANIMOUS VOlCE VOTE, ALL VOTING AYE, COMMISSIONER SIELAFF DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 7:35 P.M. Ms. Stromberg, City Planner, presented a request from the petitioner, Kurt Becker, who is seeking a variance to increase the fence height requirement from 4 ft. to 6 ft. o� his double frontage lot, which is located at 124 Glen Creek Road. The construction of the new 6 ft. fence will replace the petitioner's existing 4 ft. fence along the southern border of the property, and the petitioner hopes to eventually enclose the rest of the rear yard with the same type of fence material. The petitioner hard ship summary states "I would like to replace the 4 ft. fence in my backyard with a 6 ft. fence. Since Chesney Way was reconstructed last summer, it raised the road approximately 18 inches. This created a situation where you can step from the road to the top of the fence and over. I am worried that this does not provide the safety 1 would like for my children. Since f have public access in the front and back of my property, I am considered to have two March 22 2006(AC) front yards. Since the road was raised, a 4 ft. fence cannot provide safety." 2 of 4 Ms. Stromberg stated that the subject property is zoned R-1 Single Family, as are all surrounding properties. The existing home and single stall garage were built in 1955. An additional stall was added to the garage in 1970. Chesney Way borders the property on the southern side. Therefore, this property is considered to have a double frontage. Chesney Way is a half right-of-way (25 ft. wide) that was dedicated as a street in 1973. The Chesney Acres development is unconventional by modern day standards and would nof be permitted according to current street width standards. The half right-of-way and the fact that the homes face the backyards of other single family homes, is something that is rarely seen. Due to the uniqueness of the Chesney Acres development, property owners on Glen Creek Road are subject to different standards related to the use of their backyards compared to other single family properties in Fridley. Ms. Stromberg reviewed that Gity Gode requires properties with street frontages on _ both sides of their lots to comply with front yard regulations. In residential districts, the City Code states that the maximum height of a fence in the front yard is 4 ft. and the maximum height for a fence in the side and rear yard is 7 ft. The petitioner is proposing to replace his existing 4 ft. chain link fence in his rear yard with a 6 ft. vinyl or wood privacy fence. Ms. Stromberg stated that City staff City staff has received comments from two neighboring property owners. Both of the neighbors we heard comments from live on Chesney Way and face the petitioner's rear yard. One of the neighbors was interested in the type of material the petitioner would be using for his new fence and has since submitted a letter in favor of the petitioner's request. The other neighbors concerns were also relating to the type of materiai of the fence and his strong interest in making sure iYs properly maintained. Ms. Stromberg stated that today, we heard from the property owner at 112 Glen Creek Road. He is in favor of the petitioner's request, but has general concerns about why the homes on Glen Creek Road are considered to have a double frontage and why do they have to follow separate standards than other single family lots. He doesn't feel that it is fair and he doesn't feel that the homeowners on Glen Creek Road were properly notified when Chesney Way became a public street and notified how it woufd affect them as property owners. Ms. Stromberg stated City Staff recommends approval of this variance request because of the uniqueness of the development behind the property provides undue hardship and this single family property isn't abfe to follow code standards similar to other single family properties in Fridley. If the variance is granted, staff recommends that the following stipulations be attached: 1. The petitioner shall install a finished fence and properly maintain the fence in good condition. 2. The petitioner shall maintain the area south of the fence location (between fence and Chesney Way right-of-way) 3. The petitioner shall install a gate within the fence to allow maintenance of the area south of the fence. Commissioner Briesmeister shared concern regarding the distance from the fence to the blacktop and that it is not a standard distance. His concem was if someone opened March 22 2006(AC) 3of4 their car door it could potentially hit the fence. He also questioned snow plowing the streets and if enough room was allowed for a snow bank. If the fence was damaged because of the snow plow, who would be responsible for fixing the fence, the City or the owner of the property. Ms. Stromberg answered that she was not sure who would be responsible for repairing a damaged fence but thought if the City damaged the fence, the City would be responsible to repair the fence. She would need to clarify this and get back to the Appeals Commission at a later date. Commissioner Briesmeister also questioned who is responsible to maintain the property grounds between the fence and the road. Ms. Stromberg answered that the property owner and in this case the petitioner is responsibie for rnaintaining the boulevard area and the petitioner has been working with the Engineering Staff to determine the best material to be used for maintenance of this area Commissioner Savage asked the petitioner, KuR Becker, what type of material the fence would consist of and if he had any problems with the stipulations. Kurt Becker, of 124 Glen Creek Road, stated that he has not decided if he will build a wood or vinyl fence. Regardiess of the material he stated that he would keep the fence looking nice and that it would be built of quality materials. Mr. Becker has been working with the public works department deciding what material would be the best solution for the area between the fence and the new curb on Chesney Way. He also does not have any problem with the stipulations. Commissioner Briesmeister questioned if Mr. Becker has had any contact with his neighbors regarding the fence. Mr. Becker replied that he is working with �eighbors and looking for the best way to handle the construction of the fence. MOTION by Commissioner Savage, seconded by Commissioner Briesmeister, to close the public hearing. UPON A UNANIMOUS VOICE VOTE, ALL VOTING AYE, COMMISSIONER SIE�AFF DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:46 P.M. Commissioner Briesmeister stated that he has reviewed all the information presented and if Mr. Becker agrees with the stipulations he was ok with the fence. Commissioner Savage stated that this is a unique piece of property and because of safety concerns included in the hardship, she concurred with Commissioner Briesmeister. Commissioner Sielaff agreed that it is a unique situation and if the neighbors are okay with a higher fence, he was also okay with the variance request. � March 22 2006(ACj 4 of 4 MOTION by Commissioner Briesmeister, seconded by Commissioner Savage to admit a letter addressed to staff from a neighbor into the records. UPON A UNANIUMOUS VOICE VOTE, ALL VOTING AYE, COMMISSfONER SIELAFF DECLARED THE MOTIQN CARRIED AND THE LETTER TO BE ADMITTED TO THE APPEALS COMMISSION RECORD. MOTION by Commissioner Briesmeister, seconded by Commissioner Savage to approve Variance Request, VAR #06-03, to increase the height of a fence on a double frontage lot from 4 ft. to 6 ft. to allow the construction of a new fence on the south side of the property, generaliy located at 124 Glen Creek Road NE with the following stipulations attached: 1. The petitioner shall install a finished fence and properly maintain the fence in good condition. 2. The petitioner shall maintain the area south of the fence location (between fence and Chesney Way right-of-way) 3. The petitioner shall install a gate within the fence to allow maintenance of the area south of the fence. UPON A UNANtMOUS VOICE VOTE, ALL VOTING AYE, COMMISSIONER SIELAFF DECLARED THE MOTION CARRIED. 2. UPDATE ON PLANNING COMMISSION AND CITY COUNTIL ACTION Ms. Stromberg stated that since the last meeting on January 11l^, 2006, the Rice Creek Townhome variance regarding the side yard sef back has been approved by the City Council and the Totino Grace High School Auditorium addition was also approved. She also stated that the April 12`h, 2006 meeting has been canceiled. 3. OTHER BUSINESS: Ms. Stromberg stated the Aprii 12�h, 2006 meeting has been cancelled. ADJOURNMENT: MOTION by Commissioner Briesmeister, seconded by Commissioner Savage to adjourn. UPON UNANIMOUS VOICE VOTE, COMMISSIONER SIELAFF DECLARED THE MEETING ADJOURNED AT 7:50 p.m. Respectfully Submitted, -��?h� CUL �TI� AfI�LE;S07'_� ��,�C�''�� Docume�rt ]�o.: 19R343 L005 �aSSTR:�CT ° I hzr�by� eeriif}� thal the �i'ithin instru�uent �t a� fikd in tl�is office for racord ou: 04�'06;2006 1:17:00 P��f Krista Monsrud Recording Secretary Fezs%I'ases In tl�e =�nouut of: �46A0 tiI�[iREF,n J. DEVNF. lnoka County Propzrt�' Tas �dministratar'Recordzr Rzgistrur of Titlzc J �t�1H, �Deputv Record ID: 1673727 r� , . � ' — � � �« r�� fs��;3 � O O N O O �, � ¢k(� � � � � -., � � `` ,� ,=�. . . �� : �_+ �...�� .x�,t '�.r , � �t �:. 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