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'�*�" � ,s � � �r` ,� �*� � ^ ,. . . � � t � ��. �� „ +,�.� � ,� y ; , _ ; �+rt,� ,,, , .' ��"�, � �' ,t . �+ �'^c�t,"� �. `^� � � `,! �* . � � � " � } ;..� � �' •f y �_ ` � �+ r � �r. � }� x �T� �� , s rn� � "4:. . aL. +„'.^-,t.x, �a � ,� � .w, .� . 4� . .y� � - Y� ,�.'*" ^yw ,`. � � fi� :r` � tF �: i �� s .: C�TY OF FRIDLEY 6431 UNIVERSITY AVENUE FRIDLEY, MN 55432 �763) 572-3592 -� COMMUNITY DEVELOPMENT DEPARTMENT VARIANCE APPLICATION FOR: Residentiaf CommerciaUindustrial Address: 12� Property Identifia Legai Description (site plan required for submittal, see attachedj on Number•� Lot�_ Block Current Zoning:_� Reason for Variance: Square Signs Have you operated a bu iness in a city which required a business license? Yes No _� If Yes, which City? If Yes, what type of business? —_ UNas that license ever denied or revoked? Yes No NAME DAYTIME TION (as it appears on the property title) Fee owners must sign this form prior to processing.) SIGNATURElDATE: DAYTIME PtiON SIGNATURE/DATE: Section of City Code: FEES Fee: $100.00 for commerciai, industrial, or signs: Fee: $60.00 for residential ro erties: � Receipt #: Received By: Application Number: � Scheduled Appeals Commission Date: o� 3 0 Scheduled City Council Date: 10 Day Appiication Complete Notifi tion Date: _(n a�t.c.{L ?� l�avu�, 60 Dav Date: lYl �.c,u- } 9.�na3 s VARIANCE APPLICATION SUBMISSION CHECKLtST The following shall be the minimum submission requirements to the Appeals Commission. Applications witl not be accepted if the following is not submitted: RESIDENTIAL: ITEM SUBMITTE� RECEIVER'S COMPtETE REV7EWER'S INITIALS INITIALS Compfeted application, with fee (Application is considered complete if atl blanks are completed, and both fee owner and etitioner have si ned. Scaled site plan of praperty showing north arrow, existing and proposed structures, iot 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 summa of hardshi . COMMERCIAL AND INDUSTRIAL: .ITEM - SUBMITTED RECENER'S COMPLETE REVIEWER'S lN17U1LS INITIALS Completed application, with fee (Appiication is considered complete if all btanks are completed, and both fee owner and etitioner havQ si ned. Scaled site ptan of property showing north arrow, ezisting and proposed structures, lot and biock 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. Calculations for stormwater runoff. ., March 19> 2003 Narrative for shop plan. I would like Yo construct a 20x26 shop in my back yard I am an avid woodworker and have a shop in a room on the back of my garage. With the growth of my family that space behind the garage is reverting back to a family room This is the primary reason for the s}�p. Hardslrip Summazy: I am asking for a variance to give the shop a setbbe�cck of 9' from the south - Suxe I have a public access in the fro� and back of my house, i am considered to have two frontages. tli� roof w/ 3112 �ifob ra�ter �tr�� 24" arerl�y 71�r �e �� y �y . i!8" O�B R.�f � - Clay Vi�y! 4° Dorbte L�p Siding ��hrs� �� .� � IUM�u� S�`i# $-� Haatar Groaa Ah�riaaw Pn� �rsf E�a San�oee vi�yl ove�e�l �► j�li ��u �'�-- G�iNDtxcJS r. � ��- yi�� - � CITYOF FRIDLEY FRIDLEY MUNICIPAL CENTER • 6431 iJNIVERSITY AVE. N.E. FRIDLEY, MN 55432 •(763) 571-3450 • FAX (763) 571-1287 April 7, 2003 Dear Property Owners within 350 Feet of 124 Glen Creek Road: The property owner at 124 Glen Creek has applied for a Special Use Permit, SP #03- 04, and a Variance, VAR #03-08, to allow a second accessory structure on the south side of his home. Because there are two requests, there has been some confusion over meeting dates. The Variance in which the petitioner is seeking, is to reduce the rear yard setback on a double frontage property, to allow the construction of a second accessory structure nine feet from the southern property. This item will be heard at the Aprif 23rd, 2003, Appeals Commission meeting. The Special Use Permit, to allow the construction of a second accessory structure, was already heard at the Planning Commission meeting on March 19, 2403. The Planning Commission held a public hearing on the Special Use Permit, and a public hearing will be held before the Appeals Commission for the Variance. Both of these Commissions then make a recommendation to the City Council, and the City Council takes final action on each item. Both the Special Use Permit and Variance will be heard at the May 5, 2003, Gity Council meeting for final action. Please disregard any previous notices regarding an April 14�h meeting. Both items will be heard on the date above. Please contact me if you have any questions at 763-572-3595. Sincerely, Stacy St mberg�� Planner SS/jt C-03-46 LOCA710N OF PROPERTYAND LEGkt_. _ _ CITY OF FRIDLEY PUBLIC HEARING NOTICE BEFORE THE PLANNING COMMlSS10N All p�operty owners/residents within 350 feet of property generally located at 124 Glen Creek Road. For a 24 foot by 24 foot second accessory structure (storage shed(shop), located '+n the rear yard. 24 _ I-'tvt 3, Block 2; f)ak Creek P+at �Anoka Go�niy, [v;�V - DATE AND TiME OF' Planning Commission Meeting: HEARING: Wednesday, March 19, 2003, at 7:30 p.m. The Planning Commission Meetings are televised live the night of the meeting on Ghannel 17. PLACE OF Fridley Municipaf Center, City Councif Chambers NEARINCC: 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 Pau1 Bofin, Planning Coordinator, at 6431 University Avenue N.E., Fridley, MN 55432 or FAX at 763-571-1287. SPECIAL Hearing impaired persons planning to attend who need an ACCOMODAT/ONS: Interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no later than March 13, 2003. The TDD # is 763-572-3534. Contact PauL Bolin, Planning Coordinator, at 763-572-3599 or Stacy Stromberg, Planner, af 763-572-3595. Publish: March 6, 2003 March 13, 2003 C �-�^% 9 '-�. � � � > � 4�. City of Fridley Special Use Permit Request #03-04 LEGEND -, __ - Kurt Becker 124 Glen Creek Road � �"•--�--� N A sources Fridley Engineering Fridley GIS Anoka County GIS'. Map Date: 3/6/03 �� B&CONnHERBERT W JR & BETTY BAUHAHN PAUL E& RUTH E BECKER KURT J& MARY J 159 LOGAN PKY NE 136 GLEN CREEK RD NE 124 GLEN CREEK RD NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 BIZAL VINCENT L 129 LOGAN PKY NE FRIDIEY,MN 55432 COLEMAN DEAN L& CARMEN V 123 GLEN CREEK RD NE FPoDLEY,MN 55432 CURRENT RESIDENT S� 7355 E RIVER RD NE � FRIDLEY,MN 55432 FOSS JAMES G& CAROL J 59 LOGAN PKY NE FRIDLEY,MN 55432 HALL DONALD R& SOPHIE B 79 LOGAN PKY NE FRIDLEY,MN 55432 KACZMARCZYK BILLY 148 GI�EN CREEK RD NE FRIDLEY,MN 55432 LESKE GARY W& KAREN J 135 GLEN CREEK RD NE FRIDLEY,MN 55432 MENTH JOSEPH D& VIVIAN D 147 CHESNEY WAY NE FRIDLEY,MN 55432 CAPRETZ JOHN & SANDRA K 7335 E RIVER RD NE FRIDLEY,MN 55432 CRAFT KENT L& KATHLEEN M 145 LOGAN PKY NE FRIDLEY,MN 55432 CURRENT RESIDENlI`� 7500 ALDEN WAY NE �Sa FRIOLEY,MN 55432 FRI�L ITY OF Bad A s 1 FRID Y, N 55432 HERZQG NORMAN J& MARY K 115 GLEN CREEK RD NE FRIDLEY,MN 55432 KOLLING MARVIN D & ROSEMARY 109 GLEN CREEK RD NE FRIOLEY,MN 55432 LINDIG AMBER M R& MICHAEL J 7321 E RIVER RD NE FRIDLEY,MN 55432 MONETTE SANDRA K 701 LOGAN PKY NE FRIDLEY,MN 55432 CARRIGAN DONALD & GERALDINE 123 CHESNEY WAY NE FRIDLEY,MN 55432 CREGO SHERRY L 7340 E RIVER RD NE FRIDLEY.MN 55432 DUFFY GENEVA E 60 TALMADGE WAY NE FRVDLEY,MN 55432 FRIDLF�! tj1TY OF Bad Add�ss 2 FRIDL� � �N 55432 HO BENEDICT LUKE & MARY C 112 GIEN CREEK RD NE FRIDLEY,MN 55432 KUNZ OIL CO 79�0 EXCELSIOR BLVD HOPKINS,MN 55343 LINTON WM G& HAZEL 6 TRUSTEES 39 LOGAN PKY NE FRIDLEY,MN 55432 MONTAGUE STEVEN P& PATTY L 115 LOGAN PKY NE FRIDLEY,MN 55432 NGUYEN HUNG & TRAN NGA NYAMBU LINUS M& MAGHANGA D W PALMQUIST JOHN M&.IOAN E 7300 E RIVER RD NE 7315 E RIVER RD NE 139 GLEN CREEK RD NE FRIDLEY,MN 55A32 FRIDLEY,MN 55432 FRIDLEY,MN 55432 14� Chesney Way N. E. Fridley, MN. 55432 April 13, 2003 Paul Bolin Fridley Planning Coordinator 6431 University Ave. N. E.. Fridley, MN 55432 The attached sheet shows a Planning Commission meeting on March 19 to evaluate building a 24 by 24 foot structure adjacent to Chesney Way. My wife and I were out of town for most ofMarch and knew nothing about this meeting until tMs document showed up in our mail which was held at the Post Office. Obviously, we could not aitend. We have learned that Mr. Becker would like to build this structure nine feet from the 3outhwest corner of his lot. This essentially places it almost on the edge of Chesney Way. Ow front yard faces Chesney Way. Mr. Becker's property faces Glen Creek Road on the North and Chesney Way on the South. What is described as his "rear yard" is fay o lt�t[i�t w�n�std�o°ne�i�l F��ii�y �rmt�%re°y��s a�g�°.�Ravel�i��as�yo� at�opy°YOf the enclosed Special Use Permit Request. Ttus request is very disheartening for me and Mr. Carrigan. We have both kept our properties well maintained and attractive because it is our nature, it enhances the value of the property and it maintains a pleasing appearance of Chesney Way. For five years Mr. Becker has said he was going to clean up his "rear" yard which comains piles of lumber, "junky" paraphernalia and other eefuse. He hasn't done it. This has been very discouraging to us, and we are now confronted with, yet, another potential obstacle which would further degxade this location. We feel badly about this, and about possibly developing a negative situation with our neighbor, Mr. Becker and his family. The structure, which would be adjacent to Chesney Way, apparently would include a garage type opening facing Chesney Way (our front yazds) and, if left open, (which it could very well be much of the time) would disclose the contents of his shop and whatever its' degree of orderliness. There could also be additional lumber, piled adjacent to the shop which would further degrade the appearance of this property which (again) is essentially our front yards. This is a discouraging development for us. We have lived in our residence for forty-two years. We have maintained it with modern, up to date e�rternal structural finishing and enhanced it with flower gardens and shrubs. Our front yards are what they call "rear" yards, and we would consider this to be a very serious degradation of our property. It is also our understanding that there is a Fridley requirement for a 35 foot setback from the property frontage at the street - in this case Chesney Way. Obviously, this requirement would have to be broken for this structure to be erected in the proposed location. I will not pretend to be a legal expert, but it would seem like this alone would preclude this request from being granted. It is unfortunate that we were unable to attend the Planning Meeting but we will, if we are able, attend the other meetings that are scheduled. Your consideration of our concems for this potential problem is very much appreciated. Thank you, � �i�� Joseph D. Menth r City of Fridley Land Use Appfication VAR #03-08 April 23, 2003 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Kurt Becker 124 Glen Creek Road Fridley MN 55432 Requested Action: Variance reducing the front yard setback on a double frontage lot for a detached accessory structure. 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 Coniormance: Consistent with Plan Zoning Ordinance Conformance: Sec. 205.07.03.D.(4).((b)) requires that the setback for garages and accessory structures in the rear yard be the same as the front yard on double frontage lots. Zoning History: 1955 — Lot is platted. 1955 — Home and Garage are built. 1970 — Sun porch addition and addition to qaraqe. Legai Description of Property: Lot 3, Block 2, Oak Creek Addition, Plat 2 Public Utilities: Home is connected. Transportation: Glen Creek Road provides access to the residence. Physical Characteristics: Typical suburban landscaping. SUMMARY OF PROJECT The petitioner, Mr. Becker is seeking to reduce the rearyard setback on a double frontage lot from 59 feet to 9 feet to allow the construction of an accessory structure in the southwest corner of his property. SUMMARY OF HARDSHIP `Y am asking for a variance to give the shop a setback of 9 feet from fhe south. Since I have public access in the front and back of my house, 1 am considered to have two frontages." - Kurt Becker CITY CQUNCIL ACTION/ 60 DAY DATE City Council — May 5, 2003 60 Day — May 19, 2QQ3 Location of Pro osed Gara e Staff Report Prepared by: Stacy Stromberg VAR #03-08 REQUEST The petitioner, Kurt Becker, is seeking a variance to reduce the "rear yard" setback on a double frontage lot from 59 feet to 9 feet to aliow the construction of a 24 ft. by 24 ft. accessory structure in the southwest comer of his property, which is located at 124 Glen Creek Road. The structure will be used as a workshop. SUMMARY OF HARDSHIP "1 am asking for a variance to give the shop a setback of 9 feet from the south. Since I have public access in ihe front and back of my house, 1 am considered to have two frontages," -Kurt Becker ANALYSIS 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. Ghesney 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 that was dedicated as a street in 1973. Three residences receive access from Chesney Way and two of the homes face Chesney Way. The homes on Chesney Way face the backyards of the homes on Glen Creek Road; so essentially placing a garage in the rear yard of a home on Glen Creek Road would be placing it in view of the front yard of the homes on Chesney Way. Existing home and attached garage 25 City Code requires that properties with frontages on both sides of their lots meet front yard setback requirements for garages and accessory structure located in their "rear yard:' The petitioner is requesting to locate an accessory structure within 9 feet from the southern property line, which would be his "rear yard" instead of the required 59 feet, which is determined by the setback-averaging requirement. In order to determine the setback for the "rear yard", the setback-averaging requirement would apply. Setback averaging applies when the setback of neighboring homes is greater than the minimum front yard setback. Then the setback for the new structure can be six (6) feet more or less of the average dep#h of the adjacent structures. The minimum setback is 35 feet. The subject property is setback at 65 feet from Chesney Way and the adjacent home to the west is setback at 65 feet and the adjacent home to the east is setback at 65 feet. When you addlminus 6 feet, the setback options are 59 feet or 72 feet or any measurement between. Based on the code requirements, a front yard setback of 59 feet is determined. Therefore, the petitioner is seeking a variance to reduce the "rear yard" setback on a double frontage lot from 59 feet to 9 feet to allow the construction of a 576 square foot accessory structure. Left — taken from Gien Creek Road Right—taken from Chesney Way 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 stalf was added to the garage in 1970. The petitioner is requesting that the hard surface driveway requirements be waived for the proposed second accessory structure. Since, the primary use of the structure is going to be as a workshop. City staff would be in support of the petitioner's request. However, if at anytime, evidence of use of the yard as a hard surface driveway is observed, a hard surtace driveway will be required. The proposed garage meets size and lot coverage requirements. The Planning Commission recommended approval for the special use permit for a second accessory structure over 240 square feet. City staff has received comments from two neighboring property owner who are opposed to the proposed location of the proposed accessory structure. 26 � RECOMMENDATIONS City Statf has no recommendation, as this variance is within previously granted dimensions. Similar variance granted: • VAR #00-05121 Hartman Circle Rear yard setback for a double frontage lot reduced to 9 feet to allow the construction of a detached garage. STiPULATIONS Staff recommends that if the special use permit is granted, the following stipulations be attached. 7. Staff shall conduct regular inspections of the site. If, at any time, a trail simulating a driveway is present, a hard surface driveway as approved by the City will need to be installed within 90 days. 2. If an overhead garage door is used, it should be installed on the east accessory structure face to allow a longer driveway approach, if the accessory structure is used for vehicfe storage in the future. 3. All local and state noise regulations shall be observed and met. 4. Petitioner shall obtain all necessary building permits prior to construction. 5. The structure shall not be used for a home occupation or living area. 6. Total square footage of all accessory structures must not exceed 1,400 square feet. 7. The accessory structure shall be architecturally compatible with existing home and finished with complementary siding and color scheme. 8. Special use permit approval is dependent upon approval of the petitioner's variance request. 27 { c.Ai. C. �oium a�d �ssoc�ates, �ne. LANDSURVEYORS ' i013Q H16HMAY 65 NORTNEAST MiNNEAP0U5, YItNNESOTA 55133 MWISGAGE L011N CERTIFiCATE_ Kj/�'r BFS�� 1� " GLEN C REEK ROAD _�— 90 --_ , � i a� r� �� I-S-F 1 Housc i - i al �� 1` 26.36 � `1 `� p \1 � iz7s '�� o �.a _ �� , _ O 43- ' �i ti�� , i �' i _;� � - ' _,�., , �a i�.iz � � � t I �� 1 �1 t 7E Ib99� y�'. 1-5 -F �. � HousE on 1 -, t_ T�i��. �eas�eo TekpLan� 7845480 � -, �. f SCAGE. � �•°3O� 2763-1h9-(oO z_- � �_ r - �- ��s�.t 4 �r� sr - �_ .. ,,..-._.� ...._. . _.:�. ... ._ _„ . . w _ .:` .. . . . �:-' _:_;_ :i..2/=,:c . . _ _.. ,.. _;. _ -._. . ._ _ �. . . .:._ . . . _ .__. _� .. - _ . . LEGAi. Di.5CRIFsION: Lot 3, 81ack 2, tiak Creek Addition Piat 2, Anc�co County, FSinnesota. �+rs ts � nw� sxowr+c n+e �a�wres os mE wo +�� aesc��o � or nE wainoa� cF wu wto�ws, f�w+r, 7MEiEfM{ nfA ALL VISRtE @KROwQ1MBaf5. f 1WY, fROM CRON SnD UNR NO WYRY b AiSUM� EXCETt 7Q 71E iqtOR OF w YOlP6wGt tWN NOW �91G RwttO ON AE M0f�171 O! d1NY OT@ N19ESf ACGA� tr 71E EwSON OF SUlll it0lfGAGE. A K UW95TOOD Nq AG�HD MQ Mb11W9i15 IMVf �LBf /1M� FO! TE RIROSt ��dIREillfa IOf 1lLS � O! �01�1iY COYY#5.. - . o+�u�s._?`�.S?._..wrof_.__...ky1Y...__..�__ wa�v.ZSL,.. N. G tiOIUM Arw NC. — w�q SURVEYORS _ � �.� ��-�-., . _ _ � _:I � �' . �, .V Clty Of I� Fridley � i � I � I � � � �, ; ,�, � ,, , „. << � ,,,,,,„ ��. , . � �� " � �' �, I 1 1 Variance Request #03-08 , , ,,„ , y' /1 •�. �4 t .�:�: .,. � � ' � �� I I I y C LEGEND � � —� \ , � �., �� Y . 4 j i ' ,� I ,_ � � k I �, .' ; � � i.. s.,.. Kurt Becker 124 Glen Creek Road I � I 'I N A � Sources: Fridley Enginearing Fritlley GIS Moka County GIS Map Date: 419/03 • �: �� ,al FRIDLEY MUNICIPAL CENTER • 6431 UNNERSIT'Y AVE. N.E. FRIDLEY, MN 55432 •(763) 571-3450 • FAX (763) 571-1287 March 31, 2003 Kurt Becker 124 Glen Creek Road Fridley MN 55432 Dear Mr. Becker: Per Minnesota Statute 15.99, local government units are required to notify {and use applicants within 10 working days 'rf their land use applications are complete. We officially received your application for a variance on March 21, 2003. This letter serves to inform you that your application is complete. Your Variance application hearing and discussion will take place at the City of Fridley Appeals Commission Meeting on April 23, 2003 at 7:30 P.M. in the City Council Chambers at 6431 University Avenue. If you variance application needs to be reviewed by the City Council, the meeting will be held on May 5, 2003 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 �t 763-572-3595. Sincerely, acy Str berg Planner C-03-43 � CITY OF FRIDLEY APPEALS COMMISSION MEETING APRIL 23, 2003 CALL TO OR�ER: Chairperson Kuechle ca�led the April 23, 2003, Appeals Commission meeting to order at 7:30 p.m. ROLL CALL: Members Present: Larry Kuechle, Sue Jackson, Ken Vos Members Absent: Blaine Jones, Gary Zinter Others Present: Stacy Stromberg, Planner KuR Becker, 124 Gten Creek Road Joe & Vivian Menth, 147 Chesney Way NE Donald Carrigan, 123 Chesney Way NE APPROVE THE MARCH 26 2003 APPEALS COMMISSION MEETING MINUTES: MOTION BY Ms. Jackson, seconded by Or. Vos, to approve the minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECI.ARED THE MOT{ON CARRIED UNANIMOUSLY. 1. PUBLIC HEARING: VARIANCE REQUEST VAR #03-Q8 BY KURT BECKER: Per Section 205.07.03.d.(4).((b}} of the Fridiey Zoning Code, to reduce the rear yard setback on a doubfe frontage lot from 59 feet to 9 feet to altow the construction of a 20 ft. by 26 ft. accessory structure on Lot 3, Block 2, Oak Creek Plat 2, generaily located at 124 Gfen Creek Road. MOTION by Dr. Vos, seconded by Ms. Jackson, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE PUBLIC HEARING OPENED AT 7:32 P.M. Ms. Stromberg stated the petitioner is requesting a variance to reduce the rear yard setback on a double frontage tot from 59 feet to 9 feet to ailow the construction of a 20 ft. by 26 ft. accessory structure in the southwest corner of his property which is located at 124 Glen Creek Road. The proposed structure will be used as a workshop. Ms. Stromberg stated the petitioner submitted the foilowing hardship: "! am asking for a variance to give the shop a setback of 9 feet from ihe south. Since i have public access in the front and back of my house, I am considered to have two frontages." Ms. Stromberg stated the property is zoned R-1, Single Family, as are all surrounding properties. 7he home faces and is squared up to Gten Creek Road. 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 that was dedicated as a street in 1973. Three residences receive access from Chesney Way, and two of the homes face Chesney Way. The homes on Ghesney Way face the 6ack yards of the homes on Glen Creek Road. So, essentially, piacing 0.PPEALS COMMISSION MEETING, APRIL 23. 2003 PAGE 2 . the garage in the rear yard of a home on Gien Creek Road would be placing it in view of the front yard of the homes which are located on Chesney Way. City Code requires that property that frontages on both sides of its lot must meet the front setback requirement for garages and accessory structures in the rear yard. Ms. Stromberg stated the petitioner is requesting to locate an accessory strucTUre 9 feet from the southern properry line which wouid be his rear yard, instead of the required 59 feet which is determined by the setback averaging requirements. When the setback of neighboring homes is greater than the minimum front yard setback, then the setback of the new structure can be 6 feet more or less of the average depth of the adjacent structure. The minimum setback is 35 feet. The subject property is set back at 65 feet from the southern property line, and the adjacent home to the west and the adjacent home to the east are also set back 65 feet from the southern property line. When you add or minus 6 feet, the setback options for this property are 59 or 72 feet or any measurement in between. Based on the Code requirements, a fronf yard setback is determined as 59 feet on the double frontage lot. Therefore, the petitioner is requesting a variance to reduce the rear yard seiback on a double frontage lot from 59 feet to 9 feet to allow the construction of a 520 square foot accessory structure. Ms. Stromberg stated the petitioner is also requesting that the hard surface driveway requirement be waived for the proposed accessory structure since the primary use of the structure is a workshop. City staff wouid support the petitioner's request; however, if evidence of any use of the property for a driveway is observed, the hard surface driveway wiil be required. The proposed structure meefs size and lot coverage requirements. The Planning Commission recommended approval for the special use permit to allow a second accessory structure over 240 square feet at this address. Ms. Stromberg stated staff has received commenis from two neighboring property owners who are opposed to the proposed location of the accessory structure. Ms. Stromberg stated City staff has no recommendations as similar variances have been granted in the past. A similar variance was granted at 121 Hartman Circle where the rear yard setback for a double frontage tot was reduced to 9 feet to allow the construction of a detached garage. Ms. Stromberg stated that if the variance is granted, City staff recommends the following stipulations 1. Staff shall conduct regular irtspections of the site. If, at any time, a trail simulating a driveway is present, a hard surface driveway as approved by the City will need to be installed within 90 days. 2. If an overhead garage door is used, it should be installed on the east accessory structure face to allow a longer driveway approach, if the accessory structure is used for vehicle storage in the future. 3. Ail local and state noise regulations shali be observed and mei. 4. The petitioner shali abtain all necessary building permits prior to construction. 5. The structure shall not be used for a home occupation or living area. 6. Total square footage of all accessory structures must not exceed 1,400 square feet. 7. The accessory structure shail be architecturally compatible with the existing home and finished with complementary siding and cotor scheme. 8. Variance approvai is dependent upon approval of the petitioner's special use permit request. APPEALS COMMISSION MEE7ING, APRIL 23, 2003 PAGE 3 Mr. Kurt Becker, the petitioner, stated he lives at 124 Glen Creek Road and he would like to build a workshop in his back yard. He has discussed this with all of the neighbors, and, obviously, a couple of neighbors are opposed to the shop. Because of the objections, he wou(d put up a very nice 6-foot vinyl privacy fence all the way across the back of the property. With the fence, the only thing that couid really be observed above it would probably be the roof of the structure. He wanted to point out that when the neighbors on Chesney Way built their homes, they knew they were building their homes facing the back yard of his home. It was only until this was made a right-of-way in 1973 that they would have been considered double frontages. Before that they weren't considered double frontage lots, and it could be assumed anyone could build something in his/her back yard which is what he is hoping to do now. Ms. Jackson asked if he has considered adding an addition to the house instead of having a separate building? Mr. Becker stated he currently has a shop on the back of the house, in what he would call the sunroom. With the children getting bigger, his wife has requested that he build a shop in the back yard sa they can have the sunroom back. For noise reasons and access reasons, his family would like to have the shop away from the house. Also, it would be easier to bring in his boat off the back road than to try and bring it all the way back to the house. Ms. Jackson asked how could he bring the boat in if he doesn't have a driveway. Mr. Becker stated they would have a gate in the fence, and they would }ust ro{I it in over the grass. IYs not something they would do all the time, just when they have,to work on it. Also, if he needs to bring in a load of lumber of something like that, they would have a gate back there so they could at least back up and load things through there. Dr. Vos asked if the petitioner was suggesting to put the accessory structure 9 feet from the south property fine and 4 feet from the west property line. Mr. Becker stated that was correct. Dr. Vos stated that in looking at the property, there are at least two, maybe three different places that are not as close to that 9-foot setback. One of them could be sliding the structure 20-40 feet north and closer to the house. Mr. Becker repiied the problem with that is he has many large trees. He has had to remove a couple of large trees that were rotting, but he doesn't want to have to remove any more big trees. Dr. Vos stated he didn't pace it out but it looked like Mr. Becker could place a 20 ft. by 26 ft. structure just north of the big tree and his house. IYs as much room as he has in between the tree and the fence. Dr. Becker replied he guessed he did not know. He never measured it out. He knows he has 31 feet to the tree and then on the other side thaYs 59 feet to the house. He doesn't know if he has enough with the overhangs of the roof, etc., to get the proper depth. He guessed he could look at that. Dr. Vos stated there is also about the same amount of space in the back yard behind the sunroom. APPEALS COMMISSION MEETlNG, APRIL 23. 2003 � PAGE 4 , Dr. Vos asked Ms. Stromberg if a 6-foot fence is allowable on double frontage? You can't have a 6-foot fence in the front yard, only a 4-foot fence. Ms. Stromberg stated that was correct. Mr. Becker stated there are already 6-foot fences there. Mr. Donald Carrigan stated he lives at 123 Chesney Way NE which is just south of Mr. Beckers property so his front yard faces the same fronfages he has on Chesney Way. He stated he is against an accessory structure built that close to his frontage as it would be a very poor view. Also, putting the 6-foot high fence to the front would be like putting up ano##�er block there. He aiso believed having an accessory structure sitting there in his front yard would lower the value of his property. Mr. Becker plans to use the accessory structure for a workshop, but the next owner might want to use it to fix cars or something like that, and then there are more problems. Dr. Vos asked what Mr. Carrigan thought of moving the structure further nofth closer to his home, an the other side of the big tree. Mr. Carrigan replied that a structure anywhere is not going to look very good and would be detrimental to his property. As Mr. Becker said, it is true that the road wasn't there right away when his house was built, and they have added onto that house since that time. The part that Mr. Becker uses for a workshop right now was added later and was used as a television room by the previous owners. Mr. Kuechle stated that Mr. Carrigan has to realize that if Mr. Becker can meet the required setback requirements, he can build a building in the back yard, and the City has no authority to stop him from doing that. The only thing they can do is decide whether or not to grant him a variance to do it within 9 feet or some other variance. Mr. Carcigan replied he has never gotten into this type of situation before. He has always known that the front yard setback is 35 feet; and, even from this other frontage that he has, iYs all inside that first 35 feet. Mr. Kuechle stated that if he is more than 35 feet, then he is legal. Dr. Vos stated he thought the petitioner would have to be 59 feet back. Mr. Kuechle stated because of the double frontage lot, iYs 59 feet; but if he is within the legal requirement, he has every right to get a permit. The issue here is the variance request to come within 9 feet. He just wants ta make it clear that they can't stop Mr. Becker from building a building, as long as he adheres to the Code requirements. Mr. Garrigan replied he would certainly object to it being 9 feet from the lot line. ThaYs almost like putting it in his front yard. And as far as the 35-foot setbacks they have; he supposed Mr. Becker could buiid the shed on the north side, but then he is already at a 35-foot setback there. So, that would be going farther that way than he has allowed if he went to the north side of the building. Mr. Joe Menth stated he lives at 147 Chesney Way which is adjacent to-Mr. Carrigan on the west side. He had submitted a letter to the Commission and to Ms. Stromberg. He stated he had a sketch that gave the Commission a much clearer view of what is being talked about. APPEALS COMMISSION MEETING, APRIL 23, 2003 PAGE 5 Mr. Menth stated that as Mr. Becker had pointed out, they did make the decision to build their homes facing the back yards of the houses. The houses to the left were not there, it was just wooded as was his propeRy. Mr. Becker's house, owned by somebody else, was there and Chesney Way was just a little dirt trail. They built their home here because it was quiet and beautifui and was a nice place to raise kids. It appeared to be okay, because the back yards that did exist were big, long back yards. They didn't have any concern unless somebody turned their back yard into a big junkyard. Mr. Menth stated the special use permit request and variance request we�e a surprise to them. They couid not attend the Pfanning meeting because they were out of town. So when Mr. Secker told them he was going to ciean up his yard of lumher and junk and erect a big fence so nothing would show, he didn't know what to say. Mr. Menth stated that even though he wants to be a good neighbor, it was very di�cult for him to say it was okay to put up a 20 ft. by 26 ft. building and a 6 foot fence. He did hear Mr. Kuechle say that they can't stop Mr. Becker from constructing a building as long as it meets City ordinances. He's not exactly sure what that means in terms of feet. He asked Ms. Stromberg if that would be a setback of 35 feet or 59 feet? Ms. Stromberg stated that on this property, unless it is below 59 feet, he will need a variance. So the only thing that he can do is a 6-foot addition without a va�ance. Mr. Menth stated he understands that Mc Becker wants some additional space for his workshop and that his wife would like to have the sunroom back. But he also understands that this very imposing structure is going to be in his front yard, and iYs going to be in MF. Carrigan's fro�t yard. in addition to that, they reaily don't have any control over what is going to happen with that property either from Mr. Becker or some other owner that may come in later and want to fix cars or whatever. It is very di�cult for him to tell Mr. Becker that he doesn't agree to this variance, but he does have to say that. They have some beautiful properties and some very nice neighbors, and they just don't want to screw it up. Ms. Jackson stated that if this variance is granted, the stipulations indicate that the petitioner couid not use the structure for a business like fixing cars, and those stipulations would stay with future owners. So, if Mr. Becker sold the property and someone else came in and wanted to fix cars, the new owner wouid not be allowed to do that. She wanted Mr. Menth and Mr. Carrigan to know that. Mr. Menth stated that Mr. Becker has proposed that the new structure would be a clay color. His house is brown. His roof is green and he said the roof on the shed would be green. Eventuaily, he would put siding on the house that would match the new siding on the structure; however, he doesn't know how long thai is going to take. Ms. Jackson asked why the siding was going to be different on the accessory structure from the home Mr. Becker stated they are in the process of redoing the exterior of the hause, and they will be residing. He hoped to put on a vinyl siding that would be a complementary color, an earth-tone coior, but it wouldn't be the exact color. The color for the house is not availabie in that type of siding. Ms. Jackson asked Ms. Stromberg whether that would be a violation of the stipufation? Ms. Stromberg stated it does not have to be the same exact color, but it has to be a complementary cobr. APPEALS COMMISSION MEET7NG, APRlL 23, 2003 � PAGE 6 � Dr. Vos asked if it was Mr. Becker's intention to everltually replace the siding on the house. Mr. Becker replied, yes. As soon as his paint starts ta fade, he is going to re-side and that will be in the next couple of years. Dr. Vos stated Mr. Becker's property is pretty unique in the sense that he cannot use his back yard without a variance. A 6-foot additian on the house doesn't give him much extra room. Even if he wants to built a small tool shed, he has to request a variance. M�TION by Dr. Vos, seconded by Ms. Jackson, to receive into the record the letter dated Aprii 13, 2003, from Mr. Joe Menth. UPON A VOICE VOTE, ALL VOTING AYE, CHAlRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Dr. Vos, seconded by Ms. Jackson, to receive into the record the sketch of the properties at 147 Chesney Way and 123 Chesney Way submitted by Mr. Joe Menth. UPON A VOICE VOTE, ALL VOTlNG AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Ms. Jackson, seconded by Dr. Vos; to close the public hearing. UPON A VOICE VOTE, ALL YOTING AYE, CHAIRPERSON KUECHLE DECLARED THE PUBLIC HEARING CLOSED AT 8:17 P.M. Ms. Jackson stated this is a very di�cult situation because Mr. Becker wants to improve his properry, but he doesn't have a typical back yard. Most peopie could add something to their back yards and it wouldn't be an issue. On the other hand, when he purchased the home, he knew he had two frontages. Also, when the olher neighbors moved in, they knew they were facing a back yard so to speak, but they also knew there were rules and regulations that would protect ihem. She believed the placement of the proposed structure in the corner is a real probiem. Sfie doesn't think it is a good place in terms of the neighborhood. If he was adding it much cioser to the house, she would probably be in favor of that to give him his rights to add to his property. Dr. Vos stated he visited the property, and there are other places to put the structure. The most advantageous for the property owner is to put it in that corner, but that is the most disadvantaged placement for the frontage off Chesney Way and those neighbors. So, it looks like if's taking more away from the people across the street and less from the petitioner's back yard: He would not vote in favor of this request for the structure to be 9 feet from the back property line. Mr. Kuechle stated he concurred with what has been said. There is certainiy some uniqueness about a double frontage properry. The petitioner is kind of stuck beriveen a rock and a hard place; because if he did not have the double frontage; he probably wouldn't need a variance. If he does want to put something in his back yard, he is going to need a variance of some kind. Mr. Kuechle stated 9 feet from that property line is just too close, in part because Ghesney Way already has only a 24-foot right-of-way which makes it appear even more crowded. Also, there are no 4 or 5 feet that are typically not in the street which are also actually part of the street APPEALS COMMISSION MEETING. APRIL 23, 2003 � PAGE 7 right-of-way which add to the sort of setback. He, too, would recommend to City Council de�ial of this variance request. MOTION by Ms. Jackson, seconded by Dr. Vos, to recommend deniai of variance request, VAR #03-08, to reduce the rear yard setback on a double frontage lot from 59 feet to 9 feet to allow the construction of a 20 ft, by 26 ft. accessory siructure on Lot 3, Block 2, Oak Creek Plat 2, generafly located at 124 Glen Creek Road. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DEGLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Kuechle stated the final decision on the variance will be made by the City Council on May 5. 2. UPDAiE ON PLANNING COMMISSION & CITY COUNCiI ACTIONS Ms. Stromberg updated the Commission on past Pfanning Commission and City Councii actions. Ms. Stromberg stated there are three variance requests fo� the next meeting on May 14. ADJOURNMENT MOTION by Ms. Jackson, seconded by Dr. Vos, to adjourn the meeting. UPON A VOIGE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE APRIL 23, 2003, APPEALS COMMISSION MEETING ADJOURNED AT 8:22 P.M. Respectfuily submitted, ,c�x�a,� �°�.�r � Denise M. Letendre �! Recording Secretary i' � (71Y OF FRIDIEY Date: To AGENDA ITEM CITY COUNCIL MEETING OF MAY 5, 2003 March 25, 2003 William Burns, City Manager�C From: Scott Hickok, Community Devefopment Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject: Variance Request, SP #03-08, Kurt Becker M-03-59 INTRODUCTION The petitioner, Kurt Becker is seeking a variance to reduce the "rear yard" setback on a double frontage lot from 59 feet to 9 feet to allow the construction of a 20 ft. by 26 ft. accessory structure in the southwest comer of his property, which is located at 124 Glen Creek Road. Chesney Way borders the property on the southern side. Therefore, the property is considered to have a double frontage. Chesney Way is a half right-of-way that was dedicated as a street in 1973. The homes on Cheney Way face the backyards of the homes on Glen Creek Road; so essentiaily placing a garage in the rear yard of a home on Glen Creek Road would be placing it in view of the front yard of the homes on Chesney Way. APPEALS COMMISSION RECOMMENDATION At the April 23, 2003, Appeals Commission meeting, a public hearing was held for VAR #03-08. After receiving public comment and a brief discussion, the Appeals Commission recommended denial of variance request, VAR #03-OS due to the adverse affects it would having on neighboring property owners, THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMNEDATION City Staff has no recommendation as this variance is within previously granted dimensions. 22 STIPULATIONS 1. Staff shali conduct regular inspections of the site. If, at any time, a trail simulating a driveway is present, a hard surface driveway as approved by the City will need to be installed within 90 days. 2. If an overhead garage door is used, it should be insta{led on the east accessory structure face to allow a longer driveway approach, if the accessory structure is used for vehicle storage in the future. 3. All local and state noise regulations shall be observed and met. 4. Petitioner shall obtain all necessary permits prior to construction. 5. The structure shall not be used for a home occupation or living area. 6. Total square footage of all accessory structures must not exceed 1,400 square feet. 7. The accessory structure shall be architecturally compatible with existing home and finished with a compiementary siding and colar scheme. 8. Variance approval is dependent upon approval of the petitioner's special use percnit request. 23 c t ••„ FRIDLEY CITY COUNCIL MEETING OF MAY 5, 2003 PAGE 5 Mr. Hickok replied three others. Mr. Lloyd asked what he needed Mr. Knaak replied they would go to continue the case, and the charges v with the agreement. NEW BUSINESS: 7. SPECIAL SECOND � LOCATED 8. Wf ARD 3). said the others would have their driveways in by June 15. t and enter the agreement into the record. They would be dismissed on the condition that Mr. Lloyd comply f.tii;�lY �] Mr. Hickok, Community Development Director, stated he received a letter from the petitioner. The petitioner asked that both the special use permit and the variance reyuests be withdrawn and no further action be taken on those items. MOTION by Councilmember Bollccom to receive the letter from Kurt Becker dated May 2, 2003. Seconded by Councilmember Bamette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNATTIMOUSLY. MOTION by Councilmember Bolkcom to accept into the record the request of Mr. Becker to withdraw the Special Use Permit Request, 5P #03-04 and Variance Request, VAR #03-08, for a second accessory struchire (storage shedlshop), generally located at 124 Glen Creek Road N.E. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNA1vIMOUSLY. 9. Dr. Bums stated a conference meeting ha� been scheduled for Monday, May 12, 2003, with some of the City commissions to discuss the dAuncillcommission survey. CIj Mayor Lund invited the audience to a Stazgazers at Fridley. MOTION by Councilmember Barnette to Wolfe. UPON A VOICE VOTE, ALL VOTING A 2003, CIT'Y COUNCIL MEETING ADJOI Respectfully submitted, Denise M. Letendre Recording Secretary r ♦ PAGE 6 . being held by the Fridley schools on May 13 called the meeting. Seconded by Councilmember YOR LiTND DECLARED THE MAY 5, AT 9:13 P.M. Scott Lund Mayor