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VAR94-08�J _ _ CiTYOF FRIDLEY � FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55,�32 •(612) 571-3450 • FAX (612) 571-1287 May 20, 1994 Dr. Wayne Dahl 177 Hartman Circle N.E. Fridley, MN 55432 ._. Dear Dr. Dahl: A stop work order for construction of an accessory building was issued on Friday, May 20, 1994 at approximately 12:45 p.m. The location of the structure is immediately adjacent to the Mississippi River bluffline. Section 205.25.8.C.(1) requires that new structures and uses be placed not less than 40 feet from the top of the bluffline overlooking the Mississippi River. You have three options to correct this violation: 1. Move the structure to a location on the property in conformance with the bluffline setback and other zoning code requirements, and obtain a building permit if the foundation exceeds 100 square feet of area. 2. Reactivate variance request, VAR #89-18. Enclosed is an application. Complete and sign the application, attach three full size copies and one copy of an 8 1/2" x 11" site plan showing the location of the structure on the lot, and an elevation plan depicting the exterior of the building and its materials. An application fee of $60.00 is also required. In order to be considered by the Appeals Commission on June 7, 1994 and the City Council on July 11, i994, yau must submit these materials no later than 5:00 p.m. on Tuesday, May 24, 1994. If you do not apply for the variance, the structure must be removed from its current location by June 1, 1994 and conform to option #1 or #2. 3. Remove the structure in its entirety from the property. Upon placing the stop work order on the structure, it was observed that the floor of the structure had been constructed. -�� s Dr: Wayne Dahl May 20, 1994 Page 2 i Should you need additional information, please feel free to contact myself (572-3590) or Michele McPherson, Planning Assistant, (572-3593). Sincerely, Barbara Dacy, AICP Community Development Director BD/dn C-94-137 • CITY OF FRIDLEY 6431 UNIVERSITY AVENUE N.E. FRIDLEY, MN 55432 r / ,' u (612) 571-3450 COMMUIVITY DEVELOPMENT DEPARTMENT VARIANCE APPLICATION FORM PROPERTY INFORMATION - site plan required for submittal; see attached Address: �� % ,%7��v� �m`�2 G %r�� Property Identification Number (PIN)_ , Legal Lot Block �� TracdAddition r Current zoning: Square footage/acreage Reason for va " ce nd dship: ,�r»f' �oc�� 'v�r %5��.� �- f� � U� r�CY: �. r�-,�-� �� Section of City Code: Have 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 license ever denied or revoked? Yes No FEE OWNER INFORMATION (as it appears on the property title) (Contract Purchasers: Fee NAME � �, u ,�..� ADDRESS SIGNATURE w must sign this form prior to processing) e DAYTIME PHONE �r%C'' 9�� DATE S .�� l��i T PETITIONER INFORMATION NAME ADDRESS SIGNATURE DAYTIME PHONE DATE Fee: �100.00 �~~� $ 60.00�H�esidential properties � Permit V AR # — Receipt # I� 7� Application received by: Scheduled Appeals Commission date: ° % — Scheduled City Council date: t:♦ CITY OF FRZDLEX PLAl1 RSVZEN CHBCRLIBT Applicants Por vacations must submit the leqal description of the parcel (easement, street, etc.) to be vacated. Complete site plans, siqned by a registered architect, civil engineer, landscape architect, or other design professional, to include the following: A. General: 1. Name and address oP project 2. Laqal deacription (certificate of eurvey may be required) �. Name, addrees, ahd telephone number of applicant, enqineer, anfl owner of record 4. Date proposed, north arrow, scale, number of sheets, name of drawer 5. Description of intended use of site, buildings, and structures including type of occupancy and estimated occupancy load 6. Existihq zoninq and land use 7. Tabulation box indicatinq: (i) Size of parcel in sq. ft. (ii) Gross floor area of buildings (iii) Percent of site covered by buildinq (iv) Percent of aite covered by impervious surPace (v) Percent of aite covered by grean area (vf) Projected number of employees (vii) Number of seats if intended use is a restaurant or place of assembly {viii) Number of parkinq spaces required (ix) Number of parking spaces provided includinq handicapped (x} Height of all buildings and structures and number of stories B. Site Plan: 1. Property line dimensions, location of all existing and proposed structures with distance from boundaries, distance between structures, building dimensions and floor elevations 2. Gradinq and drainage plan showing existinq natural features (topography, wetlands, veqetation, etc.) as well as proposed grade elevations and aedimentation and storm water retention ponds. Calculations for storm water detention/retention areas. 3. All existinq and proposed points oP egresa/ingress showinq widths of property lines, tuining radii abutting rights-of-way with indicated center line, paving width, existing and proposed median cuts, and intersections of streets and driveways 4. Vehicular circulation system ahowing location and dimensions for all driveways, parkinq spaces, parking lot aisles, service roads, loading' areas, Pire lanes, emergency access (if necessary), public and private streets, alleys, sidewalks, bike paths, direction of traffic flow, and traffic-control devices 5. Landscapinq Plan 6. Location, access, and screening detai,l of trash enclosures 7. Location and screeninq detail of rooftop equipment e. Building elevatioes from all directions 9. Utility plan idenCifying size and diYection oP existing aater and sewer lines, fire hydrants, distance of hydrant to proposed building • � � � � L � , ' ^ l i �, `� _,,,_- �. /�� f � G :.; ^ � :. t <�� .� g�C l �, ! �'-c� ��--c� ��--� �� . � ��" f� �t ��,c �°�. � � , • , � �1, , / � � , ��% ,�„ i � , _ ,��, i i - ' � a � ; � J /,, , �� ,� , • / i � �� I � � � � � / �,/ , / _ . 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C.�_ _____ _ __. _. ___.._. __ __ .._ _ _._.____-.--_. .�.____.___.-- �___ _.___ . _ _ .__ _ _ _ __ _ .___.__ _. _ _. _ _ _ _ ___ _ __ _ __ _ ___ _--- -_ _._ _. __,_ ___�.______. _ �___._�.- � ___..._,... _.____ � _ . _ _ _.--.-- -._._ . _ __ __ , ___._. __._.___-__---------__ �_ _...__ .__.. _ _ � - - _ _ __ _ _ ._ _ _- - _.__ _.._ _ - ---_ _ .___. __ . , _ _- - � _._ _._._ _ _ ___ _ - -----.__. _____�T__. _. -- ------ � _---_._�_ _._._.._._� __..________ __ _ . ___._...._____ . _ __ __ _ ___ _ _ _ _ --------.- -_ .---- .-_ .._ ___.____._..__._,_ ._ � _..--__ _ ____- - � _ _ �_ __ _._ - _ ___- ___ __ _ _--_. __..____..____ ___ .._.____ __. _ _ _ � ...__ ._..._ _._----__.__._-_. _.__.__.-:_ � . _: __._ . . _ _ _ � . ___ _ _ _ ._. .. _ . . : _ �__ _ . _ __. . _._._ _. _ ---- . -- __ _._._ _.. .._ _ __ _---- _ ___ -----. ___._---- _- _ _ � _ _.___. ___...._._. � �. , __. . . _. __ ...__ . _. ___ _. _ ___._ __._ _... ____._ _ _ _ _ ___ _ _. ___ __ __. __�.._�_._.__ ._____.______.._.__ _._ _ _._.._ __. . _ -__ � _ _ _, _ _ ___._ __ _. .. ___ _ _____ _ . _ _ _ - -- _.... . ._. _.____ _______.. . ______--__� � _ � � � � ��.� ` s : .� � ' � �. `�. � �,-� � � ��- ��- �r �- , � -�,�:- � , P� .{� �. � . . ; % 3 _ �' �` .. ` la,,� �9s�.- l�- 1i�. � ��s cv��•� � � � i � 1�I 9 � �� : __ � _ _. :� � _�_.____. a_ _._ ___ . �. _ _ �. _ . � � O� GQ� � G � �'� � � � �� S�� " ititii � s,� � � � ' � ; 515 Little � Little Cana UNIFORM BUILDING CODE Chapter 3 PERMITS AND INSPECTIONS Permits Sec. 301. (a) Permits Required. Except as ��;cified in Subsection (b) of [his section, no building or structure regulated b� this code shall be erected, con- structed, enlazged, altered. repaired, moved, improved, removed, converted or demolished unless a separate permit for each buildino or structure has fitst bee� obtained from the buildin� official. ` (b) Exempted Work. A building permit shall not be required for the following: 1 O- b' in�s u as tool and la houses and similar uses, rovided the projected roof area does not exceed 120 square feet 2. Fences not over 6 feet high. 3. Oil derricks. �` 4. Movable cases, counters and partitions not over 5 feet 9 inches high. 5. Retaining wa11s which are not over 4 feet in height measured from the bottom of the footing to the top of the wall. unless supporting a surchazge or impounding Class I, II or III-A liquids. 6. Water tanks supported directly upon grade if the capacity does not exceed 5000 gallons and the ratio of height to diameter or width dces not exceed [wo to one. 7. Platforms, walks and driveways not more �han 30 inches above grade and not over any basement or story below. 8. Pai�ting, papering and similar finish work. 9. Temporary motion picture, tele��ision and theater stage sets and scenery. 10. Window awnings supported by an exterior ��all of Group R, Division 3, and Group M Occupa�cies ��-hen projectin_� not more than 54 inches. 11. Prefabrieated swimming pools accessor� tu a Group R. Division 3 Ocea- pancy in which the pool walls are entirel� above the adjacent grade and if the capacity does not exceed 5000 �•allons. Unless otherwise exempted, separate plumbi�_, electrical and mechanical � permi[s will be required for the above excmpted items. Exemption from the permit requiremenr; of thi: code shall not be deemed to. grant authorization for any �rork to bc �3cmc in am manner in violation of ihe provisions of this code or anv other la��, �„ nrdinanccs of this jurisdiction. Appiication for Permit Sec. 302. (a) App►ication. To obtain ,� �; rrnit. ,he applicant shall first file an � application therefor i❑ writin�_ on a 1�_,�;;, ;�u;„i.�,�� b�� the code enforcement agency for that purpose. Ever� :uch ,�pJ�l;��;,r;�,n ,�;�;�_ l. Identify and describe the �aurk t,, 'u_ ,,,,-�,� (�� thc permit for which application is madc. - 8 � � oth� per to t P� def ( of fol� be to : th� _ . i., na Di rz: elr s�� PI ar ot ��e in � � CITY OF FRIDLEY COMMISSION APPLICATION REIVEW _________________________________________________�-�aL�====_______-______-_ File Number File Date Meeting Date 25 5/24/94 6/7/J4 ------------------------------------------------- File Description: VAR 4�94-08 Wayne Dahl, 177 Hartman Circle N.E. � Barbara D. Michele M. Scott E. John F. John P. Clyde M. Leon M. Dave S. Dick L. Complete Review Checklist and Return To The Community Development Department *** Comments *** t'?�V" �D�.. Z� ?�.��. '�pC�� '� I�ZCLJC�`i�t�2 `tv�-M-`�� --I� Jot�C�.e�. 8vr.�loof�i �- t�`�~�� '. r��-�--� ��-!� � J� �- �r�i�, �� o�--��:3 --� a�lo,�v c,,�,,, a.L c �ue��'.e- i� � �-}1�e, -�vo� � � , � .a,jlov►r `iG.e. Go►c-�i,�cho�. tr� �r�- �'x�S'� � � � ;u �; �� ` ' ,+�t - , � �� - - ---, � � i�t `�'" ! �' 1 � ��♦�"' �� +� � � u � �r � �r KUA�H BUAVEY�Na. �c. +oo� ��.�iao� tr. M.�. COLN4MA �ION� W4]1 �� f�1pr �MtN�► r�T n+t� �uwv�►. �� M wwA� 1ry �wvnws� Ir � ow w+osw �v o�MCi wrss �.+•i nw►� � �w • w�� wa�arsws� �uwvs��w uwosw r.s u►w� o� iwa ��n oi w��asa��• ��%�� OATE �3��9`�5 � SCALE 1" � 6Q MINNt30TA I�E STRATION NO. �l0��3 0= IRON MONUA ` '�o�- � 0 d - VaNZ o� W 7 � � 4 a N !^ i� �� , � �i� i /��'� t' � �* 'r . r%�. � r f::::. '.. :'.' / i ':r. :.� .. . � � A.R�c" MA�.�. �NlO �zwT ►ra ORY�`�. 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( �-1 '""� • n. i�. % ' �' uM � '-:-..'y�',,�'� :, . : : _ .��,� . ,�,�i1�,F�,•, � ,r.,,,�'s� - "' �y .� •t .. �: i� r/' ` , �� ' . ��. � �` � � , ..r_ -� . � . �� PIIBLIC HEARIN(3 BEFORE THL APPEALS COMMISSION � Notice is hereby given that the Appeals Commission of the City of Fridley will conduct a Public Hearing at the Fridley Municipal Center at 6431 University Avenue N.E. on Tuesday, June 7, 1994, at 8:00 p.m. for the purpose of: Consideration of variance request, VAR #94-08, by Wayne Dahl: Per Section 205.25.08.C.(1) of the Fridley Zoning Code, to reduce the setback from the top of the bluffline overlooking the Mississippi River from 40 feet to 0 feet; Per Section 205.04.05.B of the Fridley Zoning Code, to allow an accessory structure in the front yard; To allow the construction of an 8 foot by 15 foot storage shed on Lot 1, Block 2, Sandhurst Addition, the same being 177 Hartman Circle N.E. Any and all persons desiring to be heard shall be given the opportunity at the above stated time and place. DIANE SAVAGE CHAIRPERSON APPEALS COMMISSION Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. , Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should oontact Roberta Collins at 572-3500 no later than May 31, 1994. VAR #94-08 �MAILING LIST 177 Hartman Circle N.E. Wayne Dahl Wayne Dahl 177 Hartman Circle NE Fridley, MN 55432 Clayton Hicks 106 Hartman Circle NE Fridley, MN 55432 Richard Gjevre 180 Hartman Circle NE Fridley, MN 55432 Charles Jones 150 Hartman Circle NE Fridley, MN 55432 ��`l�' �L�e� Lox 165 Hartman Circle NE Fridley, MN 55432 Robert Gudding 181 Hartman Circle NE Fridley, MN 55432 Diane Savage 567 Rice Creek Terrace Fridley, MN 55432 Wendell Elliott 120 Hartman Circle NE Fridley, MN 55432 Robert Thurston 100 Hartman Circle NE Fridley, MN 55432 John Hinsverk 170 Hartman Circle NE Fridley, MN 55432 Dave Ulrich 157 Hartman Fridley, MN Larry Ronn 169 Hartman Fridley, MN Circle NE 55432 Circle NE 55432 Janis Grundmanis 185 Hartman Circle NE Fridley, MN 55432 City Council City Manager �Mailed 5/27/94 7/ 14/94 8/3/94 Wayne Sampson 110 Hartman Circle NE Fridley, MN 55432 Laurie Rakos 190 Hartman Circle NE Fridley, MN 55432 Frank Walz 160 Hartman Circle NE Fridley, MN 55432 Dean Yorston 161 Hartman Circle NE Fridley, MN 55432 Neoland Hayford 173 Hartman Circle NE Fridley, MN 55432 Merrilyn Belgum 191 Hartman Circle NE Fridley, MN 55432 John Haluska 5660 Arthur Street NE Fridley, MN 55432 r _ � � Community Development Department PLANNING DIVISION City of Fridley DATE : June 10 , 19 9 4 ��. TO: William Burns, City Manager � FROM: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant SUBJECT: Variance Request, VAR #94-08, by Wayne Dahl, 177 Hartman Circle At its June 7, 1994, meeting, the Appeals Commission considered the following variances: l. 2. To reduce the setback from the Mississippi bluffline from 40 feet-to 1.5 feet To allow the construction of an accessory structure in the front yard. The Appeals Commission voted unanimously to recommend denial of the variance request to the City Council. Staff recommends Commission action. MM:ls M-94-318 that the City Council concur with the Appeals : � _ S TAFF REP O RT Community Development Department "'� Appeals Commission Date �une �, lyy4 LL� Planning Commission Date City Council Date June 20, 1994 August I 1994 September 19, 1994 APPLICATION NiTMBER: ♦ ♦ VAR #94-08 Wayne Dahl LOCATION• ♦ 177 Hartman Circle; the property is zoned R-1, Single Family and abuts the Mississippi River. R�UEST• ♦ Reduce the setback from the Mississippi bluff line from 40 feet to 1.5 feet. Allow construction of an accessory structure in the front yard. The petitioner is proposing to construct an eight foot by 15 foot storage building to store lawn maintenance equipment. The petitioner stated the following reason for the variance and hardship: "Lot location/shape and river/creek grade of lot° BACRGROUND• ♦ The City issued a stop work order to the petitioner on May 20, 1994 when it was reported that a building permit had not been issued for the structure (see letter dated May 20, 1994) . The original dwelling was constructed in 1957. Several additions have been constructed. The O-2 Overlay District was adopted in 1977. ANALYSIB: ♦ Bluff Setback Section 205.25.08.C.(1) of the Fridley City Code requires that all new structures and uses shall be placed not less than 40 feet from the top of the bluffline overlooking the Mississippi River. � � � � � Staff Report VAR #94-08, 177 Hartman Circle N.E, by Wayne Dahl Page 2 The public purpose served by this requirement is as follows: a. To protect and preserve a unique and valuable state and regional resource for the benefit of the health, safety, and welfare of the citizens of the state, region,.and nation; Q c. To prevent and mitigate irreversible damage to this state, regional, and national resource; To preserve and enhance its natural, aesthetic, cultural, and historic value for the public use; d. To protect and preserve the river as an essential element in the national, state, and regional transportation, sewer and water, and recreational system; and e. To protect and preserve the biological and ecological functions of the Mississippi River Corridor. Section 205.25 of the O-2 Overlay District requires that all accessory structures be located 40 feet from the bluff line overlooking the Mississippi River. The petitioner is proposing to construct the storage structure at the bluff line. Tall arborvitae shrubs would border the structure on the east side. The petitioner's home is setback 100 feet from Hartman Circle. The garage is on west side of the home toward the River. The home is approximately 30-34 feet from the bluff line. Adequate room to the south and east sides of the home exists to construct the storage structure. Because the yard slopes to the south, access is more difficult, but it is possible. The structure could be located in the side yard and to the south of the existing home in compliance with the setback requirements. The City previously granted a similar variance for a gazebo to 5 feet from the bluff line, however, a variance to 1.5 feet has not been granted and is beyond that which was previously granted. Staff, therefore recommends denial of this request. $:�� n . . � � Staff Report VAR #94-08, 177 Hartman Circle N.E, by Wayne Dahl Page 3 ♦ Front Yard Location Section 205.04.o5.H of the Fridley.City Code requires that accessory buildings and structures shall be permitted in the rear and side yards only. Public purpose served by this requirement is provide desired front yard space to be used for green areas and to add to the attractability of a residential district. Section 205.04.05.B requires all accessory structures to be located in the side or rear yards. The location of the dwelling serves to define the yards in a unique manner. While the north lot line is a"side" lot line, the location of the dwelling causes the "side" yard to function as a front yard. As was pointed out earlier, there is room, however, to meet the code requirement. There also appears to be room adjacent to the garage to construct the structure, however„ a variance to the bluff line setback would need to be granted. The City has not received a previous request to allow an accessory structure in the front yard. RECOMMENDATIONLSTIPIILATIONS: ♦ Staff recommends denial of the request as it exceeds previously granted variances. If the Commission chooses to recommend approval of the request to the City Council, staff recommends the following stipulations: 1. The petitioner shall apply for and receive a building permit. 2. The storage structure shall not be located in the drainage easement located along the north lot line. APPEALS COMMISSION ACTION ♦ The Appeals Commission voted unanimously to recommend denial of the variance request to the City Council. CITY COIINCIL RECOMMENDATION ♦ Staff recommends that the City Council concur with the Appeals Commission action. �;.�� J . , . . i I/ i VAR �� 94-08 • �ayne Dahl GQ°� �� { �'��N' �{� -�r•�� c9J (?of�s �� y .a..-.. . �L � � � I i "'- i � � • - . � M.C. 5 ' --- 99. '-- $ lilN ��. . , h�y�� y'� +. � � �'� ' � '�' � � ys (41.-� �B��i'$� ., ; �-,,� `?� � � � �g� y ', , �; - � �' iu9 s d �► p�$ � � , :� - �� ,2�� - 8 � �,o„ ,, �so� :�,'� ,� o „ � ,�.�. � i y- h''� 11 I l ..� iti 'F' Yp�N'Qo!• i $ a � � s3 �, , � • •�� a �� ' i � � �"`'� � /�9_ _2 ? (�� " :t�, °ti. °i `. *y� � � � '` 't � z f .Ai $ � ��1, oS :' , nav u o . � ' , fi�.� ,` � �., � � ./o � 1NC.JI�%�OI! NJ. � �`% ��r' �� , ,�K.io f m po,. p7if �. . ie � �4.L � � w,�. �� ' �I ` ,p � �ff i� �' JJ�f1 . W 0 CO / n�lDr� Z� ��MMN 7�� `V , �� .. eo�' I. 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MULTIPLE DWG'S � PUD PLpryNED UNIT�DEV. � � � . q-4 MOBILE MOME PAFK ❑ �g-� HYDE PAHK NEIQHBOHNOOD ❑ . � � P � PUBLIC FACILITIES O 5-2 REDEVELOPMENT D187XICT � � � � C-1 LOCp4 BUSINESS E� O-1 CREEK 8 RIVEN RRESEflVATION Q . � . � C-Y GENENAL BUSINESS Q 0�2 CRITICIIL AREA Q � � � . � " ^ . GENEPAL SMOVVING � � � � . � -�GENERA� OFFICE ❑ VACATED STNEETS � v� _ , ._. ZOIVING MAP� L�rr�.. i'ieiF.�� Rc,i��iv ir._�•c_l� rrc ryrr r �f` • Z �� 1�,�+� ivu.�io r.v ✓� / 1 L;! ,' 4•� �� ,�.Fn�, / � . � _ � • MET�O REGION WATLKS � 1200 WARNER YtOAD� ST. pAUL, MN 55106 296-752�3 � �eptembsY 2�. 1989 ,, , Ms. �Siehe].e McPhersoa Ylt�ttn�ng Aesieta�tt C�.ty �of �xidley .6'.431 Un�.ve�a�ty Avenue N� ' Frialey� t� �354�z �tE; bAHL VAAIANCE. MY3&ISSIYPI RiVBR GRYTICl1I. AR&A• bLUPFLINB . SETaAC1C. �'�tIULEX, ANORA �O1Jrix'if Daer Ms. �'IcPhsrsoRS , Th�,� :�,att�r �r i.� 'rercpaAee to yout inquiry iut�� pur poeitit�a on ehe prapoaed ya�iancs ,�rom tl�e � 40riaat :• bluiilin��, s�tback �x the Dahl reg�de�ce at,.177• ti�rtroap�• Ci�c�.e;�tE,�� Fridl�y..: :xt's ia ths beat int�re�t of �•,khe . ri.va.r��,� riaaurea. t.hs�; ga 4�,�uttl�ar ,tncroaahmant take pia�� toward.; tbe •blutf7.�ne= �. thsrtfQr.�t.•. M�,�; w!c�l�, �x�co�aa�ead •6ainet grsating such e varia�sne. ualeor�,�;sosi kind,;of ba�d�hip�can b� provsn. ,xhio appsari,,to.•be Q.c$se of the,�►ct�,vity .not �p«aificAlly •uit�d to .the prapexty.. .�Peri�ape there .ia• �o�N.,otH�r loc�tCian „tha� aan auit the u�,ada of. Mr. Dahl. ,. . . %:,. ..� � :.. _ � •. : . .. . : It� w�uld aiso ba �.n..�tbe bast � i�ntarsit. af, ths � river xa�ource if Mr. Aahl vere Ga di�apntinus,,�•.dw�piag� hi�,;,°ysrd alippings ovsr ths �riverbank. 'Tbsee y+ard .ciipping ��x��ent.:,,a detrimsatal nutr�eut anv►rc• ard contribute to algai praduc�{-vu in Ch� r�var. Please ca�l ma,i� yau havt any queotions. S�.acsrcly, �� oo i�avey Arsa Hydroingist cc: Wayne Ash1 Tzt�7: kap �J Suzaxute Miskowic 153 Harbnaat Cir�c[e Frid[ey, MN 55432 i� � � � � �/9�� , �� ^ � � . �� . , , 0 �� %�y� � .� �� , �� z�� ' ,r� _,�� s'2'� / G�G�� !G"�P�- � ;;� C�i . -��"o �; � , � .�.-� � '�� -�/ _ � -� �� ' � . ��.�,, � � ^�� l/� �� - �� , � r � G�� D � b��cli' /G� ' �9'C/ �� / ,�y�� ' �� 7� � � � � �� , �� `]� + ��/ / �.�� / ��?�-/�'�� ? -� G=tLL.-� � ' {� �� i�i`�Pif GQ'�i G�'� ��C�/%G, � , � /' -� ��+'�J �G�� .�� e�� t�' �,, � , � . � �c�/ �G�'C��.i � '�'��_ �� .�-�" �� - Q d��'�'�i �l G�'(.�,Ge,E� �� r L� /1��:� �� `' s .� �� i� - �.��=�— �� C��i ��`� � �� ,� � ' � , _ , ��i-��'� � June 7, 1994 � �J To the Appeals Commission, Planning Commission and City of Fridley: Re: Variance Request, Var # 94-08, by Wayne Dahl We have reviewed the request for variance made by our neighbor Wayne Dahl. Our response to that request follows: * Reducing the bluffline setback from 40' to 0'. This request is not in harmony with the comprehensive management plan developed by the Mississippi River Coordinating Commission, a commission mandated by Congress and appointed in 1990 to assist local governments in the management of orderl�r development along the river corridor (Draft Comprehensive Management Plan Environmental Impact Statement, 1993). The recommended bluffline preservation setback by the Commission and the City of Fridley is 40'. Approval to construct an accessory building at the bluffline would set a precedence in our neighborhood, in Fridley, and along the river elsewhere--totally ignoring the planned development guidelines set forth by the Commission to help preserve the natural resources of the river. * Construction of an accessory building in the front yard. Lot 20 is the largest lot in our neighborhood. Numerous other locations exist for the placement of a storage building on this lot that do not require a request for variance. There is no hardship. * Existing framework for the partially constructed accessory building currently sits four inches from the northerly line of lot 20. No request for a variance from that line is included. * There are no existing accessory buildings in the Hartman Circle neighborhood placed on the bluffline, or in a front yard. Our recommendation to the Appeals Commission, Planning Commission and the City of Fridley is to deny this request for variance by Wayne Dahl, based on the above conditions. Sincerely, Neal Hay ord Connie Lane 173 Hartman Circle Fridley, MN 55432 . e� � � APPEALS COMMISSION MEETING, JIINE 7. 1994 PAGL 11 3. CONSIDERATION OF "` , , ,,. �.: . -,.: ,.�. �. �„ _ Per Section 205.25.08.C.(1) of the Fridley Zoning Code, to reduce the setback from the top of the bluffline overlooking the Mississippi River from 40 feet to 0 feet; Per 5ection 205.04.05.B of the Fridley Zoning Code, to allow an accessory structure in the front yard; To allow the construction of an 8 foot by 15 foot storage shed on Lot 1, Block 2, Sandhurst Addition, the same being 177 Hartman Circle N.E. MOTION by Ms. Beaulieu, seconded by Dr. Vos, to waive the reading of the public hearing notice and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THL MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 8:46 P.M. Ms. McPherson stated this property is located at the southwest corner of Hartman Circle. The property abuts the Mississippi River. The property is zoned R-1, Single Family Dwelling. Ms. McPherson stated the petitioner is proposing to construct a 15 foot by 8 foot storage building for the storage of lawn maintenance equipment. The City issued a stop work order for the storage building on May 20, 1994, when it was recorded that a building permit had not been issued. Ms. McPherson stated the original dwelling was constructed in 1957. The O-2, Overall District, in which the Mississippi River bluffline requirements were adopted, was adopted in 1977. Reduce the setback from the top of the bluffline overlookinq the Mississippi River from 40 feet to 0 feet Ms. McPherson stated the petitioner is proposing to construct the storage building at or near the bluffline. Staff inet with the petitioner on the site on June 7 to discuss the actual setback from the bluffline. Using the definition of bluffline which is "a point at which the average slope is 12� or greater", staff determined that while the structure is not set exactly on the bluffline requiring the zero foot setback, it is within 1.5 feet of the bluffline. Ms. McPherson stated the petitioner is proposing to construct the storage building behind several arborvitae shrubs which does screen the building from the street. The petitioner's home is set back approximately 100 feet from Hartman Circle. The petitioner's garage is located on the west side of the dwelling unit. The dwelling itself does encroach within the 40 foot setback at approximately 30-34 feet from the bluffline. • � � APPEALS COMMI38ION MEETING, JtJNE 7, 1994 PAGE 12 Ms. McPherson stated there is adequate room on the south or east sides of the dwelling to construct the storage building. The yard does slope to the south making access more difficult, but it is possible to relocate the building to that location. Locating the building along the south or east sides of the dwelling would bring the structure into compliance with the setback requirements. Ms. McPherson stated the City previously granted a similar variance for a gazebo down to 5 feet from the bluffline; however, a variance to zero feet or 1.5 feet has never been granted. Staff recommends denial of the variance request to reduce the setback to 1.5 feet as determined by staff. To allow an accessory structure in the front yard Ms. McPherson stated the location of the dwelling serves•to define the front yard. In general, the front yard is defined as "that portion of the yard which is in front of a line drawn parallel to and even with the front line of the dwelling structure". The north lot line functions somewhat as a side yard; but because it is the front line of the dwelling, as defined by code, it is the front yard. There is the option of locating the building on the east or south sides of the dwelling unit. In addition, there is room directly adj acent to the garage for the relocation of the building; however, a variance to the bluffline setback would still be needed. Ms . McPherson stated that in reviewing the City' s records, the City has not received a previous request to allow an accessory structure in the front yard. Ms. McPherson stated staff recommends that the Appeals Commission recommend denial of this variance request as it exceeds previously granted variances. If the Commission recommends approval of the variance request, staff recommends two stipulations: 1. The petitioner shall apply for and receive a building permit. 2. The storage structure shall not be located in the drainage easement located along the north lot line. Ms. Beaulieu asked about the variance granted for the gazebo to 5 feet from the bluffline. Ms. McPherson stated the'gazebo variance was granted in 1990 for a dwelling on Alden Way, south of 79th Way. The gazebo was for recreational use, and the purpose for the variance was to have a location that was enclosed which would allow the petitioner to enjoy the scenery of the river. � � APPEALS COMMISSION MEETING, JIINE 7, 1994 PAGE 13 Mr. Wayne Dahl, 177 Hartman Circle, stated this particular lot has many, many unusual circumstances that he believes the code does not identify and is not applicable to this situation. The proposed storage building is a Menard's type garden shed. The original custom-built shed was 8 feet by 15 feet or 120 square feet. The reason it was 120 square feet was because the contractor who was building the shed had stated that he believed 120 square feet was within the Uniform Buildir�g Code for the State of Minnesota. However, the City of Fridley has more restrictive codes than the Uniform Building Code. The shed would be a non-slab type of shed with a plywood floor. He has no objection in reducing the shed to 8 ft. by 12 1/2 feet to bring it down to l00 square feet. Mr. Dahl stated the lot not only has the Mississippi River along 200 feet of it on one side, but it also has a creek on the other side and severe slopes. It is a very large pie-shaped lot. It is a 1.25 acre lot which is equivalent to at least five city lots. Typically, 1,400 square feet is allowed for accessory buildings on a 1ot one-fifth this size. Yet, on this lot he has 600 square feet for a two-stall garage. He has 1.25 acres of ground he needs to maintain which requires a John Deere tractor, a wagon to pull behind it for the leaves, a snow blower, in addition to all the other garden equipment. He stated there is no storage in the house and no available storage in the garage for this equipment. Mr. Dahl stated if they'were to sight down all the houses along the Mississippi River and all the houses along the creek, his house meets the setback requirements for all the houses along the creek and the river. His house is set back far in excess of 100 feet from Hartman Circle. Mr. Dahl stated it is important to consider that his side yard along the northerly lot line borders his neighbor's front yard, side yard, and rear yard. So, the definitions in the code do not allow him to do things that his neighbor directly to the north can do. Mr. Dahl stated the public purpose served by the front yard setback is "to provide desired front yard space to be used for green areas and to add to the attractability of a residential district". He stated his front yard has more green space than any of his neighbors' front yards, rear yards, and side yards combined. So, he meets this requirement. The shed he is trying to build to bring his accessory building area up to 50% of what is allowable on a lot one-fifth the size of his is completely invisible. He submitted some photos to show that the shed is completely invisible from the street. IF his neighbors up the river walked to the bluffline and looked down, they could see the shed. If that is objectionable, he has no problem with planting a couple of other arborvitae to completely enclose the shed and make it totally invisible. m � � APPEALS COMMISSION MEETING, JIINE 7. 1994 PAGE 14 Mr. Dahl stated this is a meandering bluffline, and the bluffline is a very difficult thing to determine. Staff is making some very fine definitions based on very undefinable items like the bluffline. Technically speaking, his.house is built on the bluffline because the side of his house exceeds the 12� grade. Based on that, his house could not be built where it is now because he is directly on the bluffline. So, this is a very unusual lot with a very unusual house with a lot of very unusual circumstances. Mr. Dahl stated one of the options suggested by staff is to locate the shed on the west side between the garage and the bluffline. That is his only access to his back yard, and it is angled downward. If he put the shed there, it would be impossible to get a John Deere tractor around it. There are two trees between the garage and the bluffline that were not taken into consideration with this option. This option would also require a variance. Mr. Dahl stated staff has also suggested relocating the shed to the east side of the house. The only area where the shed could be put would be directly outside his neighbor's kitchen window, as well as directly outside three of his windows. If the shed was placed there, it is 125 feet from his driveway. So, it is a very impractical location. From there down, the grade is too steep. Mr. Dahl stated that with respect to other structures along the river, he went up and down the river in a small boat and took pictures of structures on the Fridley side of the river. On the Brooklyn Park side of the river, there are many structures that would not meet the City of Fridley's requirements. He showed photos of a shed with an attached dog kennel right on the bluffline, a shed built on the side of the bank, a yard barn sitting directly on the edge of the bluffline, and a screened-in porch on a cement slab located five feet from the water. He then showed a photo of where he proposes to put his shed and how it is totally invisible from the river itself. He stated he has left his riverbank totally natural. There are many structures that meet the 40 foot setback from the bluffline that are visible from the river and are an eyesore, and he can only imagine how many sheds there may be along the river that are not visible to him from the water. Mr. Dahl stated that from a visibility standpoint and an aesthetic standpoint, he does not know why the code does not address staircases and large landing areas on the river. These staircases and landings look terrible. If they are trying to preserve the natural environment, then staircases and landing areas should not be allowed. Dr. Vos asked Mr. Dahl if he was aware of the setback from the bluffline because of his previous variance request. _ � .: ,� ,��. � • ! APPEALS COMMISSION MEETING, JIINE 7, 1994 PAG$ 15 Mr. Dahl stated that, yes, he was aware of the bluffline setback of 40 feet. Mr. Neal Hayford, 173 Hartman Circle, stated he lives adjacent to Mr. Dahl on the north side. He stated he grew up near the river in Coon Rapids and enjoyed the river. That is why he moved to Fridley. He enjoys the river resource and believes it is a very important resource to the people and to the City of Fridley. He was happy when the Mississippi Recreational Area was designated because he thought it would help protect the natural resources. Now he is not so sure; it is up to everyone to help protect our natural resources. Mr. Hayford stated the Hartman neighborhood was built with covenants. No accessory buildings were allowed. All houses were required to have certain size requirements and two-car garages. It is a beautiful neighborhood. They want to protect their environment, their property values, and their scenic views. The proposed storage shed will affect his view, and it is being built four inches from his property line. He believed that is in violation of the code requirements, yet that has not been addressed in this variance request. If the shed was moved over five feet, it would be visible from the street and would be visible to the neighbors. It would be visible from the river when the leaves are not on the trees. Mr. Hayford stated that variances should be reserved more for recreational uses such as patios, decks, gazebos, things where people can sit and enjoy the view of the river. He is asking that both variances be denied. Mr. Hayford stated that when Mr. Dahl applied for his variance four years ago, practically the whole neighborhood (48 homes) signed a petition against the variance. Ae stated the neighbors are still very much against this proposal now, and they do not want it in the future. Mr. Hayford stated Mr. Dahl does not use the garage for parking, and he could keep his lawn maintenarrce equipment in the garage. The last few times, a lawn service mowed Mr. Dahl's property. Mr. Dahl has plowed his driveway very few times in the last� 7 1/2 years. He has his driveway plowed. So, this is not a hardship case. The property is unique and needs to be preserved in its entirety. Buildinq in this area would not be good for Mr. Dahl either. There are other areas where the shed could be buil.t. There is room on the east and south ends of the property. Mr. Hayford stated the site Mr. Dahl has proposed for the storage shed is not a good site at all, and it flies in the face of the DNR regulations and the Mississippi River Recreational Area. �- � � APPEALS COMMISSION MEETING. JIIN1: 7, 1994 PAGE 16 Mr. Hayford showed photos of the area and how the storage shed would be visible from his property and from the river and how the storage shed would be very visible from the river in the wintertime. He stated these are unique properties, and he cannot build this type of structure in his side yard either because he is too close to the lot line. Mr. Hayford stated he and his wife submitted a letter to the Commission dated June 7, 1994, stating his objections to this variance request. They would like the Commission to deny this variance for the reasons discussed. MOTION by Dr. Vos, seconded by Ms. Beaulieu, to receive into the record the letter dated June 7, 1994, from Neal Hayford and Connie Lane, 173 Hartman Circle. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGB DECLARED THE MOTION CARRIED UNANIMOIISLY. Ms. Savage stated she had received a telephone call before coming to the meeting from Alice Nelson, 149 Hartman Circle. Ms. Nelson had not received a notice but had heard about the variance request from neighbors. Ms. Nelson told her that she was unable to come to the meeting and was opposed to the variance request. Ms. Savage stated she also received a letter dated June 7, 1994, from Suzanne Miskowic, 153 Hartman Circle, in which she stated her objections to the variance request. Ms. Savage read this letter to the Commission. MOTiON by Ms. Beaulieu, seconded by Dr. Vos, to receive into the record the letter dated June 7, 1994, from Sue Miskowic, 153 Hartman Circle. UPON A VOICE VOTL, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARL�D THE MOTiON CARRIED IINANIMOIISLY. Mr. Dick Gjevre, 180 Hartman Circle, stated he is opposed to the variance request. Ms. Gladys Lox, 165 Hartman Circle, stated she is opposed to the variance reguest. Mr. John Hinsverk, 170 Hartman Circle, stated he is opposed to the variance request. Ms. Arlene Gjevre, 18U Hartman Circle, stated she is opposed to the variance request. Mr. Dahl stated he would like to point out the multiple inaccuracies Mr. Hayford has presented. Mr. Hayford talked about a covenant for no accessory buildings in the Hartman Circle � x . � `: . � APPEALS COMMISSION MEETING, JUNE 7, 1994 PAGL 17 neighborhood. He stated there are no less than eight accessory buildings of all different shapes and sizes in this neighborhood, most of which are tin sheds that are eyesores. Mr. Dahl stated Mr. Hayford talked about the five foot setback for this shed. He stated he has no problems with moving this shed back to within five feet of the lot line since he will already be cutting the size of the shed 2 1/2 feet. Mr. Dahl stated Mr. Hayford talked about how visible this shed is going to be. He stated this is going to be the most invisible structure along the river. This is nothing to what he has shown that is visible from the river and nothing compared to what is on the Brooklyn Park side of the river. Mr. Dahl stated he has a storage need. As a homeowner, he believed he has a certain right to at least have a place to put the equipment he needs to maintain this large yard. The reason he has had a lawn service and his driveway plowed is because his tractor is falling apart from being stored outside for the last seven years. Mr. Dahl asked the Appeals Commission to please be consistent in their decision. They should look at the other sheds along the river and give them consideration and realize that what he is proposing is extremely minimal in comparison with everything else that already exists. It is a true variance with a true hardship in that the need is well established because a yard of this size cannot be maintained without a place to store the equipment. If the Commission denies his request, then he would question how all these other structures that are so visible were allowed. MOTION by Ms. Beaulieu, seconded by Dr. Vos, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPER30N SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 9:53 P.M. Dr. Vos stated he stated he did not see any hardship at all. A hardship means that a property owner cannot do anything on his/her property and has lost the right to do things on his/her property, but the petitioner has not lost any rights. The storage shed can be p.laced on other places on the lot, maybe not advantageous to the petitioner. He did not think they should allow any structure in the front yard. The bluffline was established after a Zot of the houses were constructed, and that is why a variance must be granted now. That is true for anyone who wants to build within the setback to the bluffline. He stated he will vote to recommend denial of the variance request. Ms. Beaulieu agreed with the denial. Regarding consistency, she has been on the Commission less years than the other four members, - ,�,: > i � APPEALS COMMISSION MEETING, JUN$ 7, 1994 PAGE 18 but she does not remember ever granting a variance for an accessory structure just because people need more storage. She does not remember granting a variance when even one neighbor opposes; and, in this case, many neighbors are opposing this variance. She did not know about the variance that was granted in the past for the gazebo, but would not vote in favor of a variance for any structure closer than the required 40 feet. She would enthusiastically vote to recommend denial of this variance. Ms. Savage also agreed. She stated she did not know about the other accessory structures the petitioner was referring to. She did not know if they are storage sheds that have been there for the last 20 years and were not under the same regulations as they have now, or what the situations were. The only similar variance that the Commission has granted was the one for the gazebo which is a recreational building, and she did not believe there was any opposition to it at the time. She stated the Commission has to act on this particular variance, and she, too, would recommend denial of the variance. MOTION by Dr. Vos, seconded by Ms. Beaulieu, to recommend to City Council denial of variance request, VAR #94-08, by Wayne Dahl, per Section 205.25.08.C.(1) of the Fridley Zoning Code, to reduce the setback from the top of the bluffline overlooking the Mississippi River from 40 feet to 1.5 feet; and per Section 205.04.05.B of the Fridley Zoning Code, to allow an accessory structure in the front yard; to allow the construction of an 8 foot by 15 foot storage shed on Lot l, Block 2, Sandhurst Addition, the same being 177 Hartman Circle N.E. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DSCLARED THE MOTION CARRIED IINANIMOIISLY. Ms. McPherson stated this item will go to City Council on June 20, 1994. ADJOURNMENT• ' - MOTION by Ms. Beaulieu, seconded by Dr. Vos, to adjourn the meeting. Upon a voice vote, all voting aye, Chairperson Savage declared the motion carried and the June 7, 1994, Appeals Commission meeting adjourned at 10:05 p.m. Res ectfully s mitted, a� � % ��. Ly e Saba Recording Secretary � � STATE OF U�U�J��Q DEPARTMENT OF NATURAL RESOURCES METRO WATERS - 1200 WARNER ROAD, ST. PAUL, MN 55106 PHONE NO. .�.72_.7910 FILE NO. June 20, 1994 Mr. Wayne Dahl 177 Hartman Circle Fridley, MN 55432 RE: STORAGE SHED SETBACK, MISSISSIPPI RIVER, CITY OF FRIDLEY, ANOKA COUNTY Dear Mr. Dahl: At your request I have reviewed the materials you have supplied regarding your application to the City for a bluffline setback. I offer the following comments: We have typically not considered storage sheds as structures requiring setbacks if they are without foundations, no grading is required for their placement, and are 200 square feet or less in size. We consider them to be similar in nature to children's playsets. Therefore, the Department will not object to a variance issued for the placement of the shed. It appears that the shed will be well screened from the river with the existing vegetation and with the additional trees you propose. If, in the future, the shed should become less well screened, I would recommend that vegetative screening be replaced or the shed moved farther from the river and bluffline. Thank you for the opportunity to comment. Please feel free to call if you have any questions. Sincerely, / Q`'j�,L Tom Hove Area Hydrologist c: City of Fridley, Michelle McPherson AN EQUAL OP� .::, �:,�v� �Y EMPLOYER � ` • � FRIDLEY CITY COUNCIL MEETING OF JUNE 20, 2994 PAGE 35 Councilwoman Bolkcom stated that she is also concerned abou outs'ide appearance._of the store. � . � MOTION by�Councilwoman Bolkcom to concur with the rec mendation of the Appeals Commission and grant Variance Request VAR #94-07, with the following stipulations: (1) the pavemen in the access area immediateiy around the Ioading docks shall e strengthened; (2j the loading dock on the south wall sh 1 be screened by creating.a planting bed:_as drawn on the ndscape plan. The planting bed shall include the following m erials: (a) 7-6' Black Hills Spruce planted 15 feet on.center• (b) two groups..of 5-2" caliper Hackberry pTanted 15 feet on c ter; (c) 5-2-1�2" caliper Autumn Purple Ash planted 50 feet o center. The planting bed shall be edged by a six inch concre curb and shall be sodded and irrigated, These materials shall e installed by Octob�r l, 1994; (3) the petitioner shall submit phased improveinent plan indica- ting the time schedule for..imp ovement of the pavement, repair of the fence, and aclditional � ndscaping along the south and east property lines by July 15, 994; (4) the petitioner shall submit a bond to cover the cost f the outdoor improvements for Stipula- tion Numbers 2 and 3 b July 15, 1994. The bond will be held by the Gity until all the mprovements are completed; and (5) a direc- tional signage and vement marking plan should be submitted by July 15, 1994, to efine loading dock access/areas. Signage and paving marking s 11 be completed by August 1, 1994. Seconded by Councilman Schn der. MOTION by Co ncilman Billings to amend the above motion by adding Stipulatio No. 6 as follows: (6) petitioner shall submit a plan for gener maintenance of the parking areas on the east and north sides o the building prior to July 15, 1994. Seconded by Council- woman orgenson. Upon a voice vote, all voting aye, Mayor Nee decl ed the motion carried unanimously. A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Nee declared the motion carried unanimously. C. VARIANCE RE4UEST, VAR #94-08, BY WAYNE DAHL, TO REDUCE THE SETBACK FROM THE 'I'OP OF THE BLUFFLINE OVERLOOKING THE MISSISSIPPI RIVER FROM 40 FEET TO 1.5 FEET AND TO ALLOW AN ACCESSORY STRUCTURE IN THE FRONT YARD ALL TO ALLOW THE CONSTRUCTION OF AN 8 FOOT BY 15 FOOT STORAGE SHED GENERALLY LOCATED AT 177 HARTMAN CIRCLE N.E.: Ms. McPherson, Planning Assistant, stated that this is a request for a variance to reduce the setback from the top of the bluff line overlooking the Mississippi River from 40 feet to 1.5 feet and to allow the construction of an accessory structure in the front yard. She stated that the Appeals Commission recommended denial of this request. She stated that there was testimony given at the Commis- sion meeting from a number of surrounding property owners who were opposed to this variance. _ _ _� • • FRIDLEY CITY COUNCIL MEETING OF JIINE 20. 1994 PAGE 36 � Mr: Neal Hayford, 173`Ha�tma�n Circle, stated that he:was s.trongly oppose.d t.o.thi� variance. He�stated that the storage shed should . not �e 'bui�lt iri� the� front ya�rd.• H�e. s�ated ti�at� if . i;t� �is xnoved �a°way . :- • from� the property 1ine:.to :meet t�e fiv,e foot setback requirem�nt, .� � it would be visible to those across the river and canoeist� and boaters. He stated that the petitioner has one of the largest lots in the.area, there�is plenty of rQOm to construct this shed, and 2ae felt there is �o hardshYp.. He stated that there were neighbors who were � a� the . meeting but l�eft due to the late �hour ... �ie sub- . mitted � a memorandum � to the� Council �lated June �2'0 � from �prqperty owners at 170 and 185 Hartman Circle in opposition to this . variance. • . . . . . � . � � � . . � � . � . � MOTION by Councilman Schneider to receive the memo dated June 20, 1994 from the property.owners at 170 and 185 Hartman Circle in opposition. �to� this- ::variance., .. Secor�ded. by. Councilwoman.:Bolkcom. Upon a vo�ice vote, all voting aye, Mayor Nee declared the motion� � carxied unanimousLy..�: . � � Dr. Dahl, the petiti�oner, stated that this structure is a small storage shed, 8 feet by 15 feet.� � He� stated �that he� is requesting the variance because he has no other altern�tive. He stated that the structure will be.completely screened and�totally invisible.-� He felt that the location he chose is the most d�iscreet. Dr. Dahl presented photographs of accessory buildings along the Mississippi River, which are visible to boaters. He stated that the DNR has a different definition of bluff line. He presented a letter from Mr. Hovey, Hydrologist, with the DNR. Mr. Hovey indicated in his letter that the DNR has not typically considered storage sheds as structures requiring setbacks if they are without foundations, no grading is required for their placement, and they are 200 square feet or less in size. Dr. Dahl �stated that if the storage shed was placed on the east side of his home, it definitely would be very visible from the street and would be about 120 feet from his existing driveway. He stated that this would make it less accessible and would be directly in front of his neighbor's kitchen window. He stated that if it was located in back of the home, it would also require a variance from the bluff line. Dr. Dahl stated that he wanted to construct a larger storage shed five years ago, but there was opposition. He stated that he has spoken with several neighbors, and they do not have any problems with it. He stated that the odd shape of his lot does not allow him to place the shed elsewhere on the property. Mayor Nee stated that he felt eighty percent of the residents who live on the river will have a need for a variance. He stated that the DNR agrees that if the goals of the critical area are met, they would consider supporting a variance if it is approved by the City. � ' � ., . � • FRIDLEY CITY COUNCIL MEETING OF JUNE 20, 1994 PAGE 37 He stated that this definitely is an odd lot, and there is nothing that could be built behind tfie home. Mayor Nee stated that the petitioner pointed out that.he felt'the variance should be granted on the basis that the shape of the lot � is unique and because the home is set so far back on the property. He stated that if the home was set back 35 feet, then this struc- ture could be placed in the back yard. Ms. Connie Lane, 173 Hartman Circle, stated that she is Concerned about the DNR regulations. She felt that variances along the river shou�d not be given for storage sheds. She stated that she has.no . objections to Mr. Dahl having a storage shed, but it does not need to be next to her lot or on the bluff line. She stated that the lot is large, and there is no problem with space to construct this storage shed. Mayor Nee asked Ms. �Lane if the structure was . screened, if this would be satisfactory. Ms. Lane stated that her biggest objection is that it is along the river and within the bluff line setback. Mayor Nee stated that he noticed that someone has cut down a lot of trees on Ms. Lane's lot, and that sort of thing is what the DNR will enforce. He stated that up and down the river there will be residents that have some conflict with the critical areas. He stated that those living along the river should be concerned that they are not penalized by having this designation on their property. He felt that the key issue was if this shed was in a visible spot. He felt that it is not. Dr. Dahl stated that there is no way the storage shed can be placed in the rear yard, as there is a thirty degree incline. MOTION by Councilwoman Bolkcom to concur with the recommendation of the Appeals Commission and deny Variance Request, VAR #94-08. Seconded by Councilman Schneider. Upon a roll call vote, Council- woman Bolkcom, Councilman Schneider, and Councilman Billings voted in favor of the motion. Mayor Nee and Councilwoman Jorgenson voted against ,the motion. Mayor Nee declared the motion carried by a three to two vote. 18. RECEIVE BIDS AND AWARD CONTRACT FOR CONCRETE STRF�ET� Rr;YAlK - TT(1DTTI /CllTTmi7 T1.TAiCRDTTl�TI TDG'� . DU(1.TTi'('T l�T�l CT d-7 • � Mr. FZora, Public Works Director, st that five bids were received for this improvement projec , and Progressive Contractors, Inc. was the low bidder at ,400. He stated that it is recommended that the contra e award to them. � � �'� �' � � ��: : ��:�s� ?,., , : _ �'^�'� �. T+_+..Y.:=. Ct1Y O! FRIDLEY I�ItI►)L[=:Y MUMCIPrU_ CF.NTE{Z •(,4; I UvIVERSI"T'l' AVE. N.G. fRIDL[�l'. 'vl� �i-1.�� • �fil �I 571-3�35f) • FAX (61 �1 571-I?R7 CITY COUNCIL ACTION TAKEN NOTICE Wayne Dahl 177 Hartman Circle N.E. Fridley, MN 55432 Dear Mr. Dahl: June 27, 1994 On June 20, 1994, the Fridley City Council officially denied your request for a variance, VAR.#94-08, to reduce the setback from the top of the bluffline overlooking the Mississippi River from 40 feet to 1.5 feet, and to allow an accessory structure in the front yard, all to allow the construction of an 8' x 15' storage shed on Lot 1, Block 2, Sandhurst Addition, generally located at 177 Hartman Circle N.E. If you have any questions regarding the above actiori, please call me at 572-3590. Sincerely, Barbara Dacy, AICP Community Development Director BD/dn _ �., _ m • s RIVF,RFRONT VARIANCE POLICY' MGM110 TO: Fridley City Council FR: Bill Nee SUBJ: Please Consider This June 22, 1994 While this memo has been "triggered" by the R'ayne Dahl variance vote, it is not my desire to re-argue that question in his behalC My concern is that it brings up a very fundamental issue that 1 have an obligation to several hundred residents to resolve. That issue concerns how rigid the city will be on variances to some critical river corridor zoning regulations. Aside from my own personal problem, at least three Council members who presumably represent the interests of property owners west of thc East River Road have many constituents who are counting on City Council members who will make an effort to protect them from some of the onerous effects of the Critical IZiver regulations... and soon, from the more arbitrary and onerous effects of the National River (MNRRA) Federal plan. Last summer when MNRRA held extensive hearings on their Draft Plan many Fridley riverfront residents expressed deep concern over some provisions in the plan which would unreasonably limit their use of their land, and which could prevent or severely limit replacement of a destroyed building, and in some cases make rehabilitalion difticult or prohibitive. During the MNRRA planning process ( over the previous 2+ years) I worked with the DNR, the National Park Service and the Met Council to illustrate somc of the practical problems their regs would create for residen6al frontages. While I succeeded in persuading NPS and MNRRA to cut us some slack, the provisions of the Critical Area statutes (as in our overlay ordinance, 205.02) still pertain . The DNR gave informal assurances ihat in their Gnal review they would tend to honor reasonable variances granted by City Councils. Qut I need to emphasize that thev would make an accommodation ONLY if the local Citv Council first Qranted the variance. To exoress this in personal terms if our house burned down...as it did in 1967 we would be prohibited from rebuildinQ it ...unless the Citv wauld Qive us a variance from the provisions of our ordinance 205.02. 1 � � If the City Council would grant the variance the DNR will agree to allow a rebuild on lhe original footprint. Otherwise, here's my problem: (1) a pie- shaped lot which has a narrow width building sile at the 35' front set-back line, (2) relatively shallow depth of lot up to bluff-line, depth which is consumed by 75' of required set-backs (35' front yard set-back and 40' bluff-line set-back.) Given the constraints, t6e oaly house that would fit would be like a railroad car...about 12' deep and 55' wide. I suppose it could be 2-story. This is a simple example of the kind of problems the arbitrary enforcement of this part of our Zoning Code can produce Another kind of problem is illustrated in Riverview Heights. In Riverview Heights the people near the river don't have the problem...it's the homeowners back up the hill that will someday get an infuriating surprise. We should probably notify fhem haw.:.what to expect if the Dahl decision is City policy. In Riverview Heights the bluff-line is from three to five blocks east of the River. "Up the hill" . I haveo't looked at the bluff-line map in that area, but I would guess there is a striog of houses 6 blocks long along that bluff-line. Most of them are probably in violation of the 40' set-back if for no other reason than that the lots are small. This means no reconstruction of fire or wind damage, no major rehabilitation, na tool-sheds or garage expansion. Not without the kind of variance we denied Dr, Dahl. Riverview Heights also illustrates another and possibly more pervasive part of the problem...the bluff-face regula6ons which could easily impact another 40 homeowners or more. Present City Law permits construction etc on a bluff-face not-to-exceed au 18% slope. The new MNRRA plan reduces that to prohibit construction, rebuilding, major rehab etc. on any slope over 12%! I dodt know what the slopes are in various parts of Riverview Heights, but 1 think it probable that quite a few lots on the b1utT-face will someday have to ask for a variance. Without variances, the redevelopmen[ dynamics in Riverview Heights will be negativc. Efforts to rebuild, rehab or improve RVH homes will be impaired or impossible. Neighborhood redevelopment would be reversed. The bottom line is, how "chicken" are we gong to be. How concerned are we going to be for OUR citizens in addition to those few who occasionally canoe down the river? 2 � � On thal qucstion, let me quote our staff "instructions" to the Board of Appeals on the Dahl vxriance issue: "The public purpose served by this requirement is as follows: a. To protect and preserve a unique and valuable state and regional resource for the benefit of the health, safety and welfare of the state, reaion and nation: b. c. To preveut aud mitigate irreversible damage to thi3 state, reEionat and national resource: To preserve and enhance its natural, aesthetic, cultural and historic value for the public use: d. To protect and preserve the river as an essential eleme[it in the nat3onal, state and_regional_ transportation, sewer and water and recreational system, and 5. To protect and preserve the biological and ecological functioas of the Mississippi River Corridor." (underlines mine) Those ar all wortlq considerations but tl�ere'.s something very important missing ....there's no concem ea�ressed for the wed-betng of the people of Fridley! This is strange, in that [ had the impression tha# we pay city stsff to work for the people of Fridley».not 'state, regional and national" interests. Given the strong in8uence staff members exercise with their various commissions, the above ldnd of "inshvct3ons to the ju�' pretty much make the outcome a foregone conclusion. I should emphasize that the preceding remarks should not be considered criticism of stelf. Wewe gone through similar problems with staff recommendations before, and ihe staff response is based on their concern over their professlonal integrity. I respect that position. We nll do. 3 �l i i I, i� n u � L� Which means that if we decide we should soften the sometimes impracticsil effects of the Critical Areas ordins�nce, it t'alis to the City Council to do the deed. Grant a variance. WHAT GUIDEIINES? Am i suggesting that we give variances wide open...on everything? NO. Total abrogation of the Critical Areas rcgulations is probably not desirable, and in any event is not doable. I can visualize some variances we could give that the DNR simply would nol approve. But as 1 said before, they recognize the unjustified difficulty the application of some regulations could cause and would take a moderate view dealing with many variances the City might give. For example, if a windstorm damaged a riverfront home so that repairs would cost over 50% of the home's value, the new MNRRA regs require it to be torn down and re-sited to comply with the new siting standards. If that happened, and the City Council gave a variance, the DNR indicated they would "go along", permitting the eatensive repair or rebuilding on the same footprint. But what they would not approve is a rebuilding or re-hab that eatended the encroachment. SO WHAT ABOUT GUIDELINES? It seems to me that our basic position should be that as a matter of principle, homeowners in the Critical Area Corridor should not be denied the same property rights enjoyed by other Fridley homeowners. And therefore, the City Council should use it's variaoce powers to secure those equal rights for citizens owning homes belween the East River Road and the river. (To the extent the DNR will approve . The river will still have adequate protection. The DNR will see to that.) BUT WHAT ABOUT PRECEDF.N7'? We are usually concerned with the undesirable effects of setting a"precedent". In this situation just ti�e oRposite is true. ►n order to insure the rights of future property owners, it's hiehlv desirable to set nrecedents that can be cited to restm•e some of the property rights enjoycd by other Fridley homeuwners. 0 � � For exampie, the Rassmussen GA7,EB0 variance set a useful precedent. Even though staff opposcd it (for reasons of professional integrity) the Council issued a variance for rcasons of "common sense"...and thc oversight authm•itics found that common sense action acceplable. Now the next bluff-line gazebo homeowner will be ablc to cite a precedent...properly so...and be allowed to put a gazebo in his/her garden , just like any other Fridley homeowner. While there was another absurd issue involved to complicate the precedent, the Dahl variance could have established a precedent that under certain conditions bluff-line residents could site a tool shed within the 40' bluf'f-line setback, using their property as fully as any other Fridley homeowner. That would have becn a very useful precedent. As it is, similar structures are being built every year in violation of the Code, some encroaching on the bluff- line setback, others encroaching on the bluff-slope. Years ago I had such a shed paMway up the slope to store a canoe motor, paddles, gasoline and life preservers. That was before the Critical Area regs were adopted. It's gone now. � �i', � '1��' , , � � K �� t: . �� {�� They're being built. Setting some reasonable standards under which the City ,� `'' `ticif would grant a variance...based on precedeut the DNR has accepted...would be � more desirable. For one thing it might prevent them trom tloating downstream � during springtime high water. NO SECURI7'Y UNTIIr--- Fridley homeowners between the F,ast River Road and thc river will have no / defense, no protection from the harmeful effecis of the arbitrary application of - "the letter of the law" until there`is a bodv of variance precedent provided by action of the City Council. At the rate we're going this may take several years, if indeed, it happens at all. My personal problem is that last summcr during the public hearings 1 responded to homeownere concerns by saying l was confident they could rely on the city council to supp�eft reasonable variances. 1 felt justified in giving such assurances based on th8,gazebo variance. 'I'oday iYs clear there is a lot of doubt about what they can expect t�rom our staff, from the Board of Appeals and the City Council. We should advise them that they have a problem. In the meantime, I'll keep plugging along... trying to put lhe interests of Fridley homeowners ahead of sta[e, regional and national interests. 30 S � � ' . , . . ^ . . . FRII7LEY C�TY CQUN I�L' MEETING �OF �JULY 11 � .1994 • . ' � PAG� 14. �� : ... � Bo�h Ma.yor Nee� and� Counc�lwoman� Bolkcom• iri 'cated th.at� they did �ot �� . • '. have;;.st�rQ�g: ��ee�ings: ai�e' �ay..ar•.tiie _qthe� ��t�q: ,ad�pt. the •f,ee. schedule�.,... .. .� . �� • �' �as propos.ed .�or ,t'o. ph�se it••ir�:. over �a � e�riod`• o.f'. ti�ne:: - . � � • � . ��MO�%ON: � %y�� ."Coit�'i.aalm�r� ,�•�cliinie5:,��'. Q� ��waiv� ��the � �e��oii�i": rea�iX'q� �:a� . ' " . . . .•,adopt�'O�di•i�ar�Ee No.�Y Y033��`0 � th'�:��seCtiri� =��'eading•.� ,.�`�econded� .�by �- - • � �� Councilwoman BolkCOm. Upo� �a voice vote, all voting aye, 'Mayor'N.ee� �. • declared. the motion ca i�d unanimousl}�..�. (See Agenda Ite�n. No. 9.. which approves the ublication only of the Official Title and � Summary of this O inance No. 1033). 8A. RECONSIDE TION OF ACTION TAKEN ON VARIANCE REQUEST, � VAR #94-08, BY WAYNE DAHL: MOTION by Councilman Schneider to reconsider the action taken on. Variance Request, . VAR #9.4-08 ,by.;�Wayn� Dahl . Seconded by Caun�il- . . . . wpma:n .,7or.g.+�r�sQn� ' � � . . . .• . .. � . , . _ . . , , � , : . ••Cau}�c�.lfian �:Sciirie�de.X s�a�e+d` �that��,at •.the,• <t�me : �hi�s� ��it��t � was:�b�fb�e� . : •�� .. . , the Gouncil �'in' tlie early m�orning hours of the Iast. Council � meetirig, he felt he made a mistake on his vote. Perhaps he would have possibly voted differently if it was an earZier hour. Councilman Schneider stated that in fairness to the residents in the area, lie felt action should not be taken this evening, but Council.should co�sider.the motion for reconsideration of the item � � � and then table this� item to'the next regiflar'meeting. � He. fe�lt that' � this would give staff time to notify the interested parties. • UPON A ROLL CALL VOTE TAKEN ON THE ABOVE MOTION, Councilwoman Jorgenson, Councilman Schneider, and Mayor Nee voted in favor of the motion. Councilman Billings and Councilwoman Bolkcom voted against the motion. Mayor Nee declared the motion for reconsideration carried by a 3 to 2 vote. Councilman Billings felt it would be appropriate to receive the memo from Mayor Nee dated June 22, 1994 pertaining to the riverfront variance policy. MOTION by Councilman Billings to receive this memo from Mayor Nee dated June 22, 1994. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to table action on reconsideration of Variance Request, VAR #94-08 to the August 1, 1994 meeting and request staff to re-notify the persons who previously attended the June 20 meeting and bring back all pertinent information regarding this item. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � _ _ CITY OF FRIDLEY � FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLF�' M"' ""' _"' � July 13, 1994 Subject: 177 Hartman Circle N.E. Dear Property Owner: �X (612) 571-1287 The City Council at its July 11, 1994 meeting voted 3:2 to reconsider variance request, VAR #94-08, by Wayne Dahl, in order to allow the construction of an accessory structure in the front yard and within the setback of a bluffline. Reconsideration of this variance request will occur at the August 1, 1994 City Council meeting. The meeting begins at 7:30 p.m. in the City Council Chambers of the Fridley Municipal Center. If you have any questions regarding this action by the City Council, please contact me at 572-3593. Sin rely, '�� e�a�--.� Mi hele McPherson, BLA Planning Assistant MM/dn C-94-181 � � � / ' I � � ` � � -/� C��.. �. ��' �`+� w "-�� 1 c�-�--`�- �-- �t�.�.� ` � -� c� . . � /,� �� ' � , �� f , . The Spectacle Shoppe, Inc., Rice Creek Center, 2106 _._._a Road, New Brighton, MN 55112, (612j 636-3434 _ a'S � l�`� `f - 1 � ,� , � , . � � . \ , �, ` t \ , ` � \ 1 .�► ` � ` \ �.1 r \ �� ` � , . , ��,, . :. � • _ �� . a .., . � . _i 1 , ,, ` ` ., • , �` � �, • . . � _ � � 11 '. , � \ � � . � � � - ��,. � ,, � 1 , _ �i f � \ ► ��, ► .; ,; _�. ..,., � �. .. . �• � , 'r �, � �; _ t:,�.� • � a , �. . � �=�-�, �I � '' , �;� \ i\ , � , , � � • � �, ` � � \ 1 � , ' t�1*'. � � � . ., , � • � t�i�! r r� . �� e � �� , 'b� • ! � � • � � ,�, �� i � I� �� 0 � � � � � � �� . � .. . � �� ' ' ' ��''' . � . � , . �� , _� � , � , '� ` � , ` L� , , � � ► , � _ r ., , . � -. � � • , � ., . . • •. _ . , . � � �► � ' �� __ � , � •� _ � , , ., ,,> , w � . �� •� �. s • � ,`1. �, �,•. � �i \�` _� �•.. � . t � , � , � � �, � � ��• / � . � ' , � � � .� �.� � •. + .• �E � � � � ;�, , �r• ` ♦ .♦ , '1 � , � , . - ► , � \ . • ., , � • �' � ' .� ,' , i � - � • � . � �. � �� . ► ,� � 7�1� � � � •� ,, . � ��, � �\ � � 1 , , • !� r ' � � � ��I� � - �_ 1 ` • � • �� ' , , � •' 1. � � �� • � i � � � � � � .v. �. � : , ,�.�. � . a �` � � �, `' . , �,�j� ' , � � � ,, �� i � �� - • ] I ,. �� ]� � = . . , �� .. ► _ --- - � , o __ � � �-�°�,a�- � �.�- - C��-� -� c�� _ _ C��- �� 1--��1a - __ � � az,,r,-�C�� _ - - . � � C��.�\ \� � c � � �� ) r � � I DATE: TO: FROM: SUBJECT: Community Development Department PLANI�ING DIVISION City of Fridley July 28, 1994 � William Burns, City Manager�(� Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant Variance Request, VAR #94-08, by Wayne Dahl; 177 Hartman Circle N.E. � The City Council voted 3:2 to reconsider its decision regarding variance request, VAR #94-08. Attached please find the staff report, the Appeals Commission meeting minutes of June 7, 1994, the City Council meeting minutes of June 20, 1994, a letter from the Department of Natural Resources dated June 20, 1994, letters from Susan Miskowic and Neil & Connie Hayford dated June 7, 1994, a letter from Judy & Dean Yorston dated July 25, 1994, and a letter from David Ulel dated July 17, 1994. Also attached are photographs submitted by the petitioner, Wayne Dahl. The variance request is in two parts: 1. 2. MM/ dn M-94-400 To reduce the setback from the Mississippi River bluff line from 40 feet to 1.5 feet. To allow construction of an accessory structure in the front yard. � _ � . DATE: TO: FROM: SUBJECT: V(�(/l,. Community Development Department PLANNING DIVISION City of Fridley July 28, 1994 William Burns, City Manager �arbara.Dacy, Community Development Director Riverfront Variance Policy Memo from Mayor Nee Dated June 22, 1994 I have reviewed the Mayor's memo regarding the Wayne Dahl variance request. Although I realize the Mayor was not criticizing staff as he stated in Page 3, it is important for me to clarify our approach on the Dahl variance. Further, I recommend the City pursue an ordinance amendment to clarify the requirement of accessory structures along the River. 1. Given the DNR's recent letter regarding the size and nature of the Wayne Dahl request, it may be useful for the City Council to consider an amendment to the O-2, Critical Area district regulations to provide for small accessory structures within the 40 foot bluffline setback. The ordinance does not distinguish between principal or accessory structure nor gives any guidance to the City on accessory structures. There is no latitude for staff to interpret anything different. The ordinance states: "All new structures and uses shall be placed not less than 40 feet from the top of the bluffline overlooking the Mississippi River." As the City Council is aware, the DNR is working with all communities and counties in the State to update their shoreline ordinances. This is a perfect opportunity to clarify the City Council's intent for accessory structures along the Mississippi River. I believe the City Attorney would agree with me that it is preferable to adopt an ordinance which accurately reflects the City Council's policy versus granting a number of variances. If the City Council believes that small accessory structures should be located within the bluffline setback, and if the DNR concurs with this proposal below a certain structure size, then the ordinance should be amended accordingly. � Riverfront Variance Policy July 28, 1994 Page 2 � 2. The Mayor's memo quotes the "public purpose statements" for the bluffline setback from the staff report. These public purpose statements were prepared by previous staff (I am assuming in consultation with the City Council) in order to provide guidance to the commission and Council regarding the purpose of various parts of the zoning ordinance. It appears as though the public purpose statements were probably at one time copied from the original documentation regarding the Critical Area Act. The Appeals Commission is well acquainted with the public purpose statements. I do not believe the staff report dictated "a foregone conclusion to the Appeals Commission". The recommendation for the Wayne Dahl variance was based on City Council direction from November 1992 on variances. If there is a request that exceeds previous approvals, we are to identify that for the City Council and make a recommendation of denial if it is contrary to original approvals. SUMMARY The O-2 district is not written clearly to differentiate between principal and accessory structures. If the DNR is not concerned about the smaller sized structures, it may be prudent to make this differentiation in the ordinance. The City will need to update the ordinance in any case to be consistent with DNR standards. Unless otherwise directed, we will �tudy the accessory structure issue in more detail in conjunction with DNR staff, and report back to the City Council regarding a recommendation. BD/dn M-94-404 ....-"- 4� F _.�;[.. :,..��i P41J�tJJ1sCt IrniL 1SSV IV REPLY W3l:R TO� L80U9 (MI55) -3 July 28, 1994 • / 1 �I United States Department of the Interior NATIOVAI. P�RIC SERVICE Mi�aissippi NRtional Ricer and Recreation area 175 fif�h S�reet Ea��, Suite 418, Box 41 Sc. Paul. i►tinne�ota 53101•Y901 Bill eurns, City Manager City of P'ridley community Develapment Department Universi�y Avenue N.E. Fridley, MN 55432 Dear Mr. Hurna, on July 27 we wer� aontiactad by Mr. Neal Hayford concerninq a variahce requegt k�y Mr. Wayne Dahl to allow construation o! an aceeasory struoture on the bkuff line of the Mieetiagippi River. In reerpanse to Mr. Hayford�e� concern, our staff contacted your oflice to obtain the varianoe eppliaation Porm and related documente. We h�ve reviewed this information and offer the follawitig commente. � �The property fn question is within tha Mis�is�ippi Nation�l Rivar and Recreatio» Area (MNRRA) bvundary. The area was designated as a unit of the Nationel Pa►rk Ssrvice (NPS) in 1488 to �'..preserve, proteet, m�d anhariC�.." the sign�Picant reaouraes oP the Miggigsippi River Carridor.• The linnl . oomprehei�eive management plan and assoaiated environmentai 1litpe►et etatement prepared for the r�rsa is now being reviewed by the Oovernor of Minneeota. The Govea�nor will forward any recommendat�ons he may have to the Secretery of the Iriterior for consideration in the Secretary�s revi�w of the plan. SeoretarjLal approval ot the plan, mandatad by the enabling legislatian,�may come latE� this year. Prior to adoption of the plan, Congress has d�rected the NP3 to monitor all land and water uBe aativities in the aorridor to ensure said activities are in keepinq with the purposea of the enabling leqislatioh, and to �dviae and aooperat� with government entitiee to minimize ndveree impacts ot th� activitieaa. (P.L 100-696, Sec 703 (1) ) . Ths requeated variance would reduce the sekback from the bluff line from 40 to 1.5 �aet. Current city code requireec a 40 €oot setba�ck frorn the top ot the blug� l�ne. Thie setback requirement is atso consistient with the site developm��nt policies set forth in the MNRRA Comprehensive Manaqeme�t Pl�h/Envi.ronmental Impact Statement (CMP/EIS). We wish �a go an record eupporting th� recomraendations of the Frid�ey plahning statP, the Appedle Commiesion, and the initial city council vote to deny the vuriance requeet. We aqree with the Fridley planninq steft report at�1d the decisiotl og the Appeals Commiseion that there would be no . -:.�-:- __:,�r�r rr.�.��h mt55i55irri ivHiL'x�v � . =��; � ~ � � . . haxdship created by requirinq an alteznativ� location for the struotura. Ae indicated in the staPf report, adequate room to the south end edet sideQ of.the home existp to con�truct the atoraqe etructure- We also believe that qranting thia variance would oreat� a precedent thet could further dnm�►ge the integrity ot the Mi�aiasippi River�s visual ree�ources. Thank yau for your can�iderati�on on thi� matter. If you or your stalt have any questionB on our aommentg, pl�ase leel rree to oontnvt Mark Dniton of our a�a�� at 290-4160. • sincer�ly, � v'C� . � " ' JoAnn Kyral Suparintandant e r . � � , r • AUGUST 4, 1994 • TO: THE CITY OF FRIDLEY AND THE CITY COUNCIL AS PROPERTY OWNERS THAT LIVE ON THE MISSISSIPPI RIVER, ADJACENT TO THE RIVER, OR INDIVIDUALS INTERESTED IN THE PRESERVATION OF THE RIVER, WE ASK YOU TO PROTECT OUR RIGHTS BY PRESERVING THE RIVER AND RIVERBLUFF AREAS.�• WE ASK THAT ONLY RIVER EIVHANCING DEVELOPMENT BE APPROVED ALONG THE BLUFF AND WITHIN THE 40' BLUFF IMPACT AREA. WE ASK THAT IT BE LIMITED TO DEVELOPMENT THAT MAINTAINS AE5THETIC VIEWS AND DOES NOT HINDER THE NATURAL RESOURCES OF THE RIVER. FOLLOW THE GUIDELINES SET FORTH IN THE COMPREHENSIVE MAIVAGEMENT PLAN FOR THE RIVER. NAME �'L�--,��.,.. r_ ,, � �\ ��JT � � ��1� � � � �� C�`t;� (J �,kp .�ch(l�er � 1�'. �� -�' � � � � l '►r-7 ADDRESS . ,y �.1�.�� i�'.rt� � �-v c� �U� �'�`1`% �' ---� , � ��'13 Z- r� �/ % 5 9� ..�., �� tN �17 7 ,�� -. <<�,� �� 3/-/l y� Ne�J ��,� �-r�%ti) I'�l� S s /��-- 1 z 3.�,�-� �'l�e.e-� �'-� '� �� ;, .�sy3 Z s�f 3y3 y / "''" ( 5t�o t�►•�owv,/a�� 2�o�E�, �5�l3Z �6-�3r.� � �� A f f�.,U RJ i �<<� ��y ? g`is ��-t (�� --. �-1 � � r� I !�i(7G�� L��✓e �,;� s�,' z `�vr/<) � � �� t1�. �o U�ouc..� l�-C_ , .r�,� , y�1� f / �7,3� /?%Gta�so�i � .tJ. �_ ��,�. /h•J ! �� ` � � . i�o � �� o� �� J��'��h ��v , �` °{ . , �s b-�i,� .S� D ( '� �� y �1►� �e.i� . ✓ . �� AUGUST 4, 1994 � TO: THE CITX OF FRIDLEY AND THE CITY COUNCIL AS PROPERTY OWNERS THAT LIVE ON THE MISSISSIPPI RIVER, ADJACENT TO THE RIVER, OR INDIVIDUALS INTERESTED IN THE PRESERVATION OF THE RIVER, WE ASK XOU TO PROTECT OUR RIGHTS BY PRESERVING THE RIVER AND RIVERBLUFF AREA5.'. WE ASK THAT OIJLY RIVER ENHANCING DEVELOPMENT BE APPROVED ALONG THE BLUFF AND WITHIN THE 40' BLUFF IMPACT AREA. WE ASK THAT IT BE LIMITED TO DEVELOPMENT THAT MAINTAINS AESTHETIC VIEWS AND DOES NOT HINDER THE NATURAL RESOURCES OF THE RIVER. FOLLOW THE GUIDELINES SET FORTH IN THE COMPREHENSIVE MANAGEMENT PLAN FOR THE RIVER. NAME ADDRESS j�u d,,'c �. 1 bo � S 4 7 t� �►� ��- N �t 1� v�U u t-e.. 1� �� S- y��- �.-�,•L �:��,J �' � �� / �-r� l�. �-�c.. /I% �! .J�.2-c +- L�. r/--� �e. t�c� t� �<� 1 N . �' �q�d �J� tl o a �/ � � ��5��3 L. ,�,�„�. P,�. �7 � �s y� b d� s , � � � � . ,��G�.. �' '� . ,� . �-� f 0''%A+G�.,y�.✓.� � 31. � 9� r� � v+� � r•> j�f.�'��✓� D'�,,. �S^5�� ' �-i�� 5"� � • .�� . �.. �� . �� .� �� - �� . �� ►�, - � - � �� . � � �J (2-. � ,�l �3 ��, Z2 � � c . � �I � ""� �� '` � ` r � � � � ��j� � ��:� �lJ� r� �'' �> y �y� �� - �,� �3-� �`��.`'.� ��' �t/c, 'i�. �� ..�s 51�� ✓�� '� �'�� Ci C,v �?� y� � � �5;5 �� ;�,c;.e, � �� o�. _�,..�.,,. �t .L . �p �-1�-. P�. ��--3 �Z � -- . r� `_J AUGUST 4, 1994 . TO: THE CITY OF FRIDLEY AND THE CITY COUNCIL AS FRfJPERTY OWNERS THAT LIVE ON THE MISSISSIPPI RIVER, ADJACENT TO THE RIVER, OR INDIVIDUALS INTERESTED IN THE PRESERVATION OF THE RIVER, WE ASK YOU TO PROTECT OUR RIGHTS BY PRESERVING THE RIVER AND RIVERBLUFF AREAS. WE ASK THAT ONLY RIVER ENHANCING DEVELOPMENT BE APPROVED ALONG THE BLUFF AND WITHIN THE 40' BLUFF IMPACT AREA. WE ASK THAT IT BE LIMITED TO DEVELOPMENT THAT MAINTAINS AESTHETIC VIEWS AND DOES N4T HINDER THE NATURAL RESOURCES OF THE RIVER. FOLLOW THE GUIDELINES SET FORTH IN THE COMPREHENSIVE MANAGEMENT PLAN FOR THE RIVER. NAME � � ` �� _ �-��m-�°�-- � � : %N'`�� .��,��, . '�)�"°v c,.,,l�� ( es l� aN �►� �.• �oa�� _ �� ,, �� «k �� ,� �r�� - .�.� � ADDRESS ,�3� .�`YV� 1 �. 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S.! 12.2%�� N't'�I .�f z3 � AUGUST 4, 1994 , �' �� : 2:�w TO: THE CITY OF FRIDLEY AND THE CITY COUNCIL 3 Pr�P Y� .� . o-w-r� �►�d1*� AS PROPERTY OWNERS THAT LIVE ON THE MISSISSIPPI RIVER, ADJACENT TO THE RIVER, OR INDIVIDUALS INTERESTED IN THE PRESERVATIDN OF THE RIVER, WE ASK YOU TO PROTECT OUR RIGHTS BY PRESERVING THE RIVER AND RIVERBLUFF AREAS.: WE ASK THAT ONLY RIVER ENHANCING DEVELOPMENT BE APPROVED ALONG THE BLUFF AND WITHIN THE 40' BLUFF IMPACT AREA. WE ASK THAT IT BE LIMITED TO DEVELOPMEIVT THAT MAINTAINS AESTHETIC VIEWS AND DOES NOT HINDER THE NATURAL RESOURCES OF THE RIVER. FOLLOW THE GUIDELINES SET FORTH IN THE COMPREHENSIVE MANAGEMENT PLAN FOR THE RIVER. NAME ADDRESS � � �� , Z c�c� c� G-`.� z`"� � .•� � � ^ �� a , , � . /�u� � ` . ��'�� ,�� - � ,,� � __ _ " � z i ' ��,r�-�-�� ,� .� �� . .51 t �- -� `�Q: �t.� ��n�� y�zz� � �� -�.� � .5'�� —1 � � � -- - t /Zi �� k'�D ��'�i��, f�'�e . �� '�� ,��/ � j� � � � � �� -� : �� e �- � �sz . `��z-� �'U,� SS �371 � �, �.�Z� �� <<1 � �°,u ` 5�3z �� . / � `LrJ `� � �-�.�� s��3�. � � � 0 � � �. � ld�v .�aP„� �� °,��-�S��Z � `� � ��Q � � � � G/ � �� !� ! � �av�'�� F1T�. � �c„ �JC�� t�1%. " , July 29, 1994 j� � -� ' � � � � �,�1 We� the undersigned, ask you, the Cit'y Council and�the City of Fridley ��R �� to cleny variance request #94-08. A request for variance to build an J accessory building in the front yard of 177 Hartman Circle and on► or near the bluffline. Rathez than in a rear or side yard and outside the 4Q' bluff setback, as recomnended. " � Instead, we ask you to help us preserve the appearance of our neighborhoods �s and the river. While there are several storage buildinga in the Hartman Circle neighborhood, none are placed on or near the bluff,'nor are they in a front yard. We ask you to uphold the guidelines set forth by the Mi�siasippi River Coordinating Commission in their comprehensive management plan-- Specifically those areas 40' in from the bluffline, known as the bluff irr�act area. As property owners who live on, or near the river, we wartt the bluff impact area to be protected and reserved for river enhancing uses, as recoYmiended, not for storage. We urge you to vote for compliance with the City Code and denial of the variance request subinitted by Wayne Dahl at 177 Hartman Circle, Fridley, l�i. i ' . r , ' �� ,� i ► i; Il � r � Address r7 3 � � �.. 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G �;�;6C� ��' �(�'�' ' .....r�.��.._.��.._..� . �� - �� =-' s ��Y ?� � ' N� M �. �- / i �� _ �;,�;,�; z; � �. / �� .{ .�-�--� �'�.._ �tdd��s s .� ., .� � /7r �.-r .>/.� )-J/ �" 1. -�,,%fi � �t�� ,, . ..-� ,t �r' � ' ? . � / , J d . 5/ . y� �z�%U�'- � �� , , , l— „ e� j , � �� /��_'� � i �/ � � /� O, � "�, � . /3 C �� z � �' ii��i�-�i � , li'.� �r.-�t / / �., ,� � � �: -� �-- >, -,��''l'�-��G�.'d�.�E�� -� �:..�-�.�� ` - `� , /�'Q �� , � y, ��. 5 ,L1 � < , � I � - _ , � , ;Jl �.��r� �.. �r , {�� l�s.�,.�7 � � - -- -- ._._.......�....__�... ...... W.�.,,� , , \\ �` , � 3 �S--a ; t_ i � -, a-., �, r� ,n- S ! J� l_\ r� � 4✓�-�� r y� �"� (� � '> � �-'l A/ } ��. �' � Yj � . F � �`� iJ�Si e� s � i �3 S �l � .�' �' � t � � � � S s� `l U� .....r... ...__�...._.__.._ � _ .__ . _ . _____ ` . . . � 0 L� � The Re lar Meeting of the Fridley City Council was called t order at 7:43 .m. by Mayor Nee. PLEDGE OF LLEGIANCE: Mayor Nee le the Council and audience in the Pledg of Allegiance to the Flag. ROLL CALL• MEMBERS PRESENT: Mayor Nee, Councilwoma Jorgenson, Councilman Billings, Councilman chneider, and Council- woman Bolkcom MEMBERS ABSENT: N APPROVAL OF MINUTES: n MOTION by Councilman Billin to approve the minutes as presented. Seconded by Councilman Sch der. Upon a voice vote, all voting aye, Mayor Nee declared t m ion carried unanimously. ADOPTION OF AGENDA: Mayor Nee requested at an item b added under licenses to waive the auctifln fee for ichael Servetu Unitarian Society. MOTION by Counci an Schneider to ado the agenda with the above addition. Seco ed by Councilwoman BQ com. Upon a voice vote, all voting aye Mayor Nee declared the mo ion carried unanimously. 0 Mayor Nee tated that he wished to remind eve one that tomorrow night is atianal Night Out. He urged citizens attend the block parties • eing held in their neighborhoods. He stated that if anyone ould like to know the location of the neare t block party, they ould call the Police Department. 0 ere was no response from the audience under this �tem of siness. \ � �. , _ � M1 . FRIDLEY CITY COUNCIL MINUTES OF AUGIIST 1, 1994 PAGE 2 OLD BUSINESS: 1. FRIDLEY CITY CHARTER: Mr. Hunt, Assistant to the City ager, stated that this ordinance amending the City Charter inly relates to how members of the council are elected. H ated that this is an extensive reorgan- ization of this cha r and clarifies a number of items. MOTION by C cilman Schneider to w�ive the second reading of Ordinance o. 1034, adopt it on second reading, and order publi- catio . Seconded by Councilwoman Bolkcom. Upon a voice vote, all v ng aye, Mayor Nee declared the motion carried unanimously. 2. RECONSIDERATION OF ACTION ON VARIANCE REQUEST� VAR #94-08, BY WAYNE DAHL TO REDUCE THE SETBACK FROM THE TOP OF THE BLUFF LINE OVERLOOKING THE MISSISSIPPI RIVER FROM 40 FEET TO 1.5 FEET AND TO ALLOW AN ACCESSORY STRUCTURE IN THE FRONT YARD ALL TO ALLOW THE CONSTRUCTION OF AN 8 FOOT BY 15 FOOT STORAGE SHED GENERALLY LOCATED AT 177 HARTMAN CIRCLE N.E. ,�TABLED JULY 11, 1994): MOTION by Councilman Schneider to remove from the table the motion to deny VAR #94-08. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Ms. Dacy, Community Development Director, stated that the City was contacted today by Larry Hartman of the Environmental Quality staff. She stated that, apparently, they received a call and wanted information about the City's Critical Area Plan. She stated that staff researched the information for Mr. Hartman and confirmed that the City has adopted such a plan. Ms. Dacy stated that there is a question as to whether or not the council has the final authority on the variance to the bluff line. She stated that she has contacted the City Attorney on this ques- tion, and the reply was that the council does have the final authority to take action on the variance. Ms. Dacy stated that in researching the Environmental Quality Board's rules, there was a section that the Environmental Quality Board has to be notified of any requests for a permit within the critical area. She stated that City staff was not aware of this requirement and, based on the advice of the City Attorney, they want to make sure al.l appropriate procedures are being followed. She stated that notice of this variance application should be sent to the Environmental Quality Board. Mr. Herrick, City Attorney, stated that the Environmental Quality Board's rules stated that notice should be given to them thirty � . . � � FRIDLEY CITY COUNCIL MINUTES OF AUGIIST 1, 1994 PAGE 3 days before the council takes action. He stated that if notice is given in the next several days, the matter should be tabled to a meeting sometime after that thirty-day period. Councilman Schneider asked if the Council has the final authority on the variance request. Mr. Herrick stated that he did not find anything in the Environ- mental Quality Board's rules that they have any authority over the Council's decision to make zoning rules including variances. Counailman Schneider asked where the Environmental Quality Board fit into the bureaucracy with the Department of Natural Resources, the Metropolitan Council, and other agencies for review of these issues. Ms. Dacy stated that the Environmental Quality Board was part of the reviewing authority when the Council adopted the Critical Area Plan. Councilman Billings asked if it is the intent of Council to receive additional testimony prior to a vote on this variance request. Mayor Nee stated that is the intent. Councilman Billings ask�d that testimony be taken this evening so Council would have time to review any comments. Councilman Schneider stated that he did not have a problem with receiving testimony, but when this item is before the Council next month, people will want to restate their views again. He stated that the question is: Does the Council want to receive testimony at this time and then go through the process again? Councilwoman Jorgenson stated that there are people'here this evening who wish to address the issue, but she felt they would be here again next month. - MOTION by Councilman Schneider to table the motion to deny Variance Request, VAR #94-08 for approximately thirty days until the Council meeting on September 6, 1994, and direct staff to notify the appro- priate agencies. Seconded by Councilwoman Jorgenson. Councilwoman Bolkcom asked if the City would receive information from the Environmental Quality Board in thirty days. Ms. Dacy stated that the Environmental Quality Board is aware of this request, and she felt the City would receive a reply within the thirty-day period. Mr. Herrick stated that the letter to the Environmental Quality Board should indicate that Council intends to consider this matter at the September 6, 1994 meeting. � i � � � . . v. FRIDLEY CITY COUNCIL MINIITES OF AUGUST 1, 1994 PAGE 4 Councilwoman Bolkcom stated that regardless of the response from the Environmental Quality Board, the Council's decision would take precedent. Mr. Herrick stated that in his research all he found was that the Environmental Quality Board has to be notified. He stated that if the Environmental Quality Board takes the position that they have the authority to prevent the Council from granting a variance, this would become clear before the September 6 meeting, and we would deal with the situation if it arises. UPON A VOIGE VOTE TAKEN ON THE ABOVE MOTION, Mayor Nee, Councilman Schneider and Councilwoman Jorgenson voted in favor o.€=the mo�ion. Councilwoman Bolkcom and Councilman Billings voted��against the motion. Mayor Nee decZared the motion carried by a 3' to 2 vote. Mayor Nee stated that he wished this issue could have been resolved this evening. Councilwoman Bolkcom stated that if persons cannot attend the September 6 meeting, they could submit a letter that would be entered into the record. A gentleman from the audience questioned why the residents could not give testimony. Mayor Nee stated that the Council could listen to their comments, but the issue could not be settled this evening. � This gentleman stated that there is no sense in speaking if no action can be taken. Councilman Schneider stated that was his thought, and he knows that everyone will want to make their case at the September 6 meeting. A lady in the audience stated that she was of the opinion that this variance was already rejected. CounciZman Schneider stated that when this item was originally before the Council it was about three in the morning, and there is a procedure under Robert's Rules of order that a vote can be reconsidered at the next regularly scheduled meeting. He stated that he originally voted against the variance, but at the following meeting he made a motion to reconsider. He stated that motion was voted on by the Council and carried by a 3 to 2 vote. He stated that the Environmental Quality Board has to be notified of this request, and the Council cannot take action this evening. Councilwoman Bolkcom stated that everyone who was notified of this meeting will again be notified of the September 6 meeting. ^ ~ ' ' ' � • FRIDLEY CITY COUNCIL MINUTES OF AUGUST 1, 1994 PAGE 5 Mr. Yorston, 161 Hartman Circle, stated that Mr. Dahl has the largest lot on Hartman Circle and numerous space to build without a variance. He questioned if the Council could make better use of the taxpayer's money on more important issues rather than going over this same issue three times. He stated that he respects Mr. Dahl's right to request a variance, but questioned how many times. Mayor Nee stated that the Council is obeying the law to submit this request to the Environmental Quality Board. Ms. Suzanne Miskowic, 153 Hartman Circle, asked why the Environ- mental Quality Board was not contacted thirty days ago. She stated that she lives next door to a man who ignores the City's rules and regulations and who intimidates people if he does not get his way. She stated that the neighborhood is first class, and the Council is making it less than average. Councilman Billings stated that Mr. Dahl has the right to apply for a variance. He stated that several weeks ago, the Council voted to deny this variance request, and the Council has now voted to reconsider. He stated that Mr. Dahl has not re-applied for the variance, and the Council tabled the item to this meeting in order to notify the neighbors. Councilman Billings stated that the majority of the items the Council considers are related to land use such as variances, zoning, and special use permits. He stated that it is very important that the Council make reasonable and intelligent deci- sions regarding variances, as they can have significant implica- tions. He stated that no matter how many times an issue has to come before the Council before a final decision is made, it has to be done. He stated that two members of the Council have consis- tently voted to deny or table this request, and the other three members want to make sure they make the correct decision. He felt that it was only fair to have them address all these facts �n'order to make a correct decision. Councilman Billings pointed out that the Council voted to table this item and discussion is still proceeding. fi�Ir. Yorston stated that the Council voted to deny the variance. He then asked what convinced them to reconsider. Councilman Billings stated that one of the members who voted on the prevailing side made a motion to reconsider. He stated that Robert's Rules of Order states this is undebatable. He stated that __ the Council is at the same point now that they were when this item was first before the Council on June 20. � Mayor Nee stated that he apologizes for the problem, but it is something that is unavoidable since the Council did not know about it until about an hour ago. He asked that persons in attendance � � ' , - ' - . FRIDLEY CITY CODNCIL MINIITES OF AUGUST 1, 1994 PAGE 6 make sure that their name is on the sign-in sheet so they are notified when this item is before the Council. Councilman Schneider stated that this is an important issue, and it would be nice if the petitioner and the neighbors could come up with a compromise and not spend several hours calling each other names. He stated that it seems there should be a way to resolve this issue so it is a winning situation for everyone. Mr. Hayford, 173 Hartman Circle, stated that he has called no one in the neighborhood names and neither has his wife. He stated that there are no problems in the neighborhood. Councilman Schneider stated that when people pound stakes in other people's driveways, and when he receives calls about°�things that have happened in the past, there is a neighborhood war gaing on. NEW BUSINESS• k� � RECEIVE ITEMS FORM THE APPEALS COMMISSION MEETTNG OF JULY 12 1994• / Ms. Dacy, Community Development Director, sta d that this is a request for a variance to allow the construc 'on of a play area in the front yard. She stated that New Horiz Chi1d Care is propo- sing to locate in the westerly tenant pace of the Moore Lake Commons Shopping Center and to const ct a crosswalk across the driveway to a playground area locat at the intersection of East Moore Lake Drive at the entrance 'nto the shopping center. She stated that the petitioner is ho ng to have a day care for approx- imately 116 children. She st ed that they are proposing to have no more than twenty childre ithin the play area at certain times of the day. Ms. Dacy stated petitioner has a: safety zone. She wall near East N� �,{ that ince the nen ed the site ated that the ore Lake Drive area, and it w ld be enclosed by Appeals Commission meeting, the plan to show the proper vision playground will have a retaining along the west edge of the play a chain link fence. Ms. Dacy s ted that the purpose of the front yard setback is to provide equate separation between road rights-of-way and the use occurr' g on the lot; provide an area for landscaping and scree- ning• avoid the appearance of clutter in the front of the principal building; and to provide adequate lines of sight for traffic and visibility of the use. � � T ; � - Z - yl� , ' 15 �i�r --�� , t � .. . _ _ _ � ��. '�1� rz �-�l� ��PPrz�� ,v S.�-y T�� - _ . � 1� � � �C/ ��' / �� ! LJ s/%`. �S � Cl v�.i .� _ _ � �1-- Y%-� l 6� 1 `" '' � J'/�{' ��11 �J�� 1 / C.G �t�LUUL�Z- _ _. . � �, �� _ �U �� -�� o_ _ y�� G.,��x- � �. r � .� _ : _ _:� - � - c��_� ��-__ _�r� _ �� _�� "?��. _� _ .__ -- /�iL1�_�6___�I s'r: _ _�� ._�� /�T��-�� ` � _ _ �� _ ��_� ��- - � ��t11 c,� �� _ __ _ _ :_.._ _ --- - . -_ ---- - L � _ ... _---- .:� -- ---��.�_� _ _ �_ _- - _ . _ _�� __ _ __ __ __ _ __ � _ _ _ __ _ _ _ _ _ __-_- _ _ ��:� � � . � ; �, �� ___ _ ___--- -� ___-__ -----------_____ _ ----- --__ ______--__ - _-- __ -- _ -- -- _ _ ___ __ _ ,___ _ __ _ _ _--_-- -- ___ _ _ ______ -- - - -_ _ _ _ �_ _ _ _ _ _ _ _ ir�, _�-- ��g� _ -- _� _ _ ___ __ _.. ---- _ _ _ -- - �� __ _ __ _ _ __ _ _ � -- - _ � _ __ _ _ _ __ _ _ ;; _ __ _ -- _ __ _ _ _ _ _ _ _ _ __ __ _. _ __ _ . __ __ _ __ ___ _ ____ _:_ __ _ _ _ __ _ _ _ _ � _ . _ UTY CJF FR(DLEY FRIDLEY MUNICIPAL CENTER � 6431 UMVERSITY AVE. N.E. FRIDLEY, MN 55432 •(612) 571-3450 • FAX (612) 571-1287 August 3, 1994 Subject: 177 Hartman Circle N.E. Dear Property Owner: The City Council at its August 1, 1994 meeting tabled the reconsideration of variance request, VAR #94-08, by Wayne Dahl, in order to allow the construction of an accessory structure in the front yard and within the setback of a bluffline until September 19, 1994. The item was tabled to allow staff adequate time to notify the State Environmental Quality Board of the request. The meeting begins at 7:30 p.m. in the City Council Chambers of the Fridley Municipal Center. If you have any questions regarding this action by the City Council, please contact me at 572-3593. 5in erely�.�,_ t,�c� ��i � Mi hele McPherson, BLA Planning Assistant MM/dn C-94-191 � _ C�� F FRtDLEY 1 �� ,� V �-�l�l.\ (��-�.. � � �� FR[DLEY MUMCIP.AL CENTER • 6�31 UNIVERSITY AVE. N.E_ FRIDLEY, MN iS43? •(612) 571-3450 • FAX (612) 571-1287 August 3, 1994 Larry Hartman Environmental Quality Board Room 300 Centennial Building 658 Cedar Street St. Paul, MN 55155 Dear Mr. Hartman: According to Minnesota Rules 4410.9800, a municipality must notify the Environmental Quality Board within 30 days of final action regarding any zoning or building permit within the Critical Area abutting the Mississippi River. This is to serve notice that the City of Fridley City Council will be acting on a variance request on 5eptember 6, 1994 regarding the placement of an 8' x 15' storage shed 1.5 feet from the bluffline along the Mississippi River. I have enclosed copies of the staff report, Appeals Commission minutes, and City Council minutes regarding this application. Should the EQB staff or Board have any comments regarding this proposal, please forward them.to my attention by Wednesday, August 31, 1994. Should you have any questions regarding this item, please-feel free to contact me at 572-3590. Sincerely, �Barbara Dacy, AICP Community Development Director BD/dn C-94-190 cc: Carl Schenk, Metrapolitan Council � STATE�F U�.1 U V � � �.�J �Lr=�� DEPARTMENT OF NATURAL RESOURCES METRO WATERS, 1200 Warner Road, St. Paul, MN 55106 PHONE NO. (612)772-7910 FILE NO. August 9, 1994 Barbara Dacy, Planning Coordinator City of Fridley 6431 Uruversity Ave. NE Fridley, Minnesota 55432 RE: STORAGE SHED; DAHL PROPERTY; MISSISSIPPI RNER CRITICAL AREA Dear Ms. Dacy: As I discussed with 1Vlichelle McPherson of your office, I have received an inquiry regarding a June 20, 19941etter that Area Hydrologist Tom Hovey wrote to Wayne Dahl of 177 Hartman Circle. Apparently, Mr. Dahl is proposing to place a 200 square foot storage shed within the 40-foot bluffline setback area. Tom's letter stated that the Department of Natural Resources (DNR.) did not consider such sheds to be structures and therefore the DNR didn't object to the variance. I have researched the basis of this remark and found Tom misinterpreted the advice he received on this matter. According to State Shoreland Management standards, such a shed would be considered a structure, though differing setbacks may apply depending on the use of the shed. Under the Mississippi River Critical Area Rules that apply to this property, such a shed should be considered a structure. The copy of the Fridley Critical Area Ordinance that I have contains no definition of "structure." Therefore, the wording of your base ordinance (which I don't have a copy o fl would be controlling in this case. The fact that a variance is being sought means that the City must consider this shed a structure. Therefore, the only issue is whether placing the shed so that it meets the 40-foot bluff setback would cause undue hardship to the applicant. "Undue Hardship" is defined in Minnesota Statutes, Section 462.357, Subdivision 6: The applicant must prove 1) that they cannot put the property to reasonable use under the terms of the ordinance, 2) that the plight of the owner is due to circumstances unique to their property and not crea.ted by the owner, and 3) that the variance if granted will not alter the essential character of the area. I urge the city to concentrate on this issue only. If the applicant can prove undue hardship, a variance should be granted; if not, the request must be denied. AN EQUAL OPPORTUNITY EMP�OYER � City of Fridley August 9, 1994 Page 2 . Whatever action the city takes should be well documented: Each of the statutory requirements relating to variances should be addressed in the findings. Also, if the city decides to issue the va.riance, conditions of such issuance should be considered. For example, as mentioned in Tom Hovey's letter, any variance should address future vegetative screening of the structure. Thank you for your consideration of my comments. Please don't hesitate to contact me if you have questions or concerns about this matter or this letter. Sincerely, � j/ �. � , ! Da1e E. Homuth Regional Hydrologist DEH c: Wayne Dahl, 177 Hartman Circle, Fridley, MN John Linc Stine, Permits & Land Use Section Tom Hovey, Acting FEMA Hydrologist Robb Collett, Acting Area Hydrologist �_ , I • � FRIENDS OF THE MISSISSIPPI RIVER �� 26 East Ex�hange Street Suite 2�5 � St. Paul, MN 55101 Phone: (612) 222-2193 ,' � FAX: (612) 222-b005 August 1 S, 1994 Mr. Bill Burns, City Manager City of Fridley � . Community De�elopment Departmex�t University Av�enue N,E. . Fridley, MN 55432 � Dear Mr. �urns: We are writing you to comment on the variance request by Mr. Wa}me Dahl to construct a storage structu�r� on the bluff line of the Mississippi Rivex. We have r�viewed the variance ap�lication form and related documents.' We offer the following comments. The property in question is located within t�ie jurisdiction of both the Muzxiesota Critical Areas and the l�ssissippi National River and Recreation Area (MNRRA), a unit of the National Park System. The legislation that established these two areas reco�nizes the local, ,state, regipnal and national significance of the Mi�sissippi River corridor. We believe it is in the best interesis of so�iety as a whole to abide by the spirit and regulations of these important pieces of legislation. The environment and the economy. of cities such as Fridley will be enhanced by compliance with the standards established by the state and federal governments. Bluff lines alorig rivers are vital corridors that need strong protection for their aesthetic and ecological functions. The requested variance wou�d reduce the setback from the blu�f line from 40 to 1.S feet. � Current city codes require a 40 foot setback �rom the top of the bluff line. The rec�uested variance thus redu�es the setback requixement by 3 8.5 feet and is a radical departure from both �egal and common serise. � The variance request is for an acc�essory structure, a storage shed. We do nox consider a storage shed to be of a signiflcant va,lue to � .. � � • replare a11 of the values lost to society and the environment by its �� location so close to the bluff line. By our analysis, ther� are other • , suitable building sites on the south and east sides of the Dahl property for this structure. � We wish to go on record supporting the recommendatfons o� the � � Fridley planning staff, the Appeals Commission and the initial cit� council vote to deny a variance request. We agree that there would be no hardship created by requiring an alternate site for t�iis , structure. We support the positions of the Minnesuta Department of Natural Resources and tl�e National Park Service that grantin� this variance would create a precedent �that rnrould furthe� degrade the � sensidve bluff line resource areas. � � Thank you for considering our comments. If you or your staff have any questions about our comments, please contact me. Si cerely, � - ,.• G� Rick McMo agle • Executive Director Z.Z �- . � � _ � J DATE: TO: FROM: SUBJECT: � �� ' ! � � Community Development Department PLA►�VNING I�IVISION City of Fridley August 18, 1994 William Burns, City Manager �Barbara Dacy, Community Development Director Mayor's Request for Copy of DNR Letter Regarding Wayne Dahl Variance Request Councilmember Bolkcom and Mayor Nee requested to see a copy of the letter from Dale Homush, Regional Hydrologist from the DNR, regarding the Wayne Dahl variance request. I have attached his correspondence for their review. A copy of the letter will also appear in the September 19, 1994 City Council agenda whan this item is considered by the City Council. � BD/dn M-94-474 i i . • . � • L `. . � ��.. '. JOHN V. GRUNDMANIS, B. ARCH.. M. E�., Pri.o., A.I.A. August 24, 1994 T4: Michele McPherson, BLA Planning Assistant Fridley City Council Fridley Municipal Center 6431 Universiry Ave. N.E. Fridley, MN SS432 �rom: John V. Grundmanis, AIA 185 NE Hartman Circle Fridley, MN 55432-4112 • � 185 NORTHEAST HARTMAN CIRCLE FRIDLEY. MINNESOTA 55432 PHONE (612) 571-8171 :Re; VAR # 94-08 177 Hartman Circle Fridley, MN 55432-4112, this property is zoned 12-1, Single Family and abuts the Mississippi River. It��QUEST FOR VARIANCE: 1. Reduce the setback from the Mississippi bluff line from 40 feet to 1.5 feet. 2. Allow construction of an accessory structure in the front yard. The petitioner is proposing to construct an 8 feet by 15 feet storage building to store yard maintenance equipment. The petitioner stated the following reason for the variance and hardship: "Lot location - shape and river - creek grade of lot." �ItIDLEY CITY CODE REQUIREMENTS: Bluff Section 205.25.08.C.(1) of the Fridley City Code requires tha± all new structures and uses shall be Setback: placed not less than 40 feet from the top of the bluff line overlooking the Mississippi River. �ront Yard Section 205.04.05.13 of the Fridley City Code requires that accessory buildings and structures shall I,ocation: be permitted in the rear and side yards only. MISSISSIPPI NATIONAL RIVER AND RECREATION AREA (MNRRA) RULES. Bluff The 4Q foot setback from the top of the bluff line required by the City Code is also consistent with Setback: the site development policies set forth in the MNRRA Comprehensive Management Plan / Environmental Impact statement (CMP / EIS). �:1NDUE HARDSHIP "Undue Hardship" is deiined in Minnesota Statutes, Section 462.357, Subdivision 6: The applicant must prove 1) that they cannot put the property to reasonable use under the terms of the ordinance, 2) that the plight of the owner is due to circumstances unique to their property and not created by the owner, and 3) that the variance if granted will not alter the essential character of the area. r • � � BACKGROUND In 1989 about this time Mr. Dahl requested a variance, VAR #89, to reduce the setback from the Mississippi bluff line from 40 feet to 0 feet and to allow construction of an accessory structure in the front yard. The petitioner was proposing to construct a much larger storage building to store his old hobby cars. The petitioner stated the same reasons for the variance and hardships...Mr. Tom Hovey from the Department of National Resources wrote to the City Council:"... it's in the best interest of the river resource that no further encroachment take place toward the bluff line; therefore, we would recommend against granting such a variance..." Of course, the Neighborhood was against it too, the various Agencies were against it and so was the City Council... This year he did not even bother to apply for a variance and f or building pernut, but started construction of an accessory building a few inches from his neighbor's property line until a stop work order was issued by the City of Fridley, May 20, 1994. It was observed that the floor of the structure had already been constructed... On September 19, 1994 for the third time the City Council will place Mr. Dahl's request for a variance on their agenda... Although, at their first meeting June 20, 1994 The Fridley Planning Staff, The Appeals Commission, The MNRRA and the initial City Council's vote (June 20, 1994) was to �len� ±hP variµnce req�.:e�ted by Mr. T.�ahl. And so, the City Council at its July 11, 1994 meeting voted 3:2 to reconsider VAR # 94-08, by Wayne Dahl, in order to allow the construction of an accessory structure in the front yard and within the setback of a bluff line. At the Appeals Commission meeting, June 7, 1994 Ms. McPherson stated that in reviewing the City's records, the City has not received a previous request to allow an accessory structure in the front yard. At the same meeting Ms. Beavliev stated that she does not remember ever granting a variance for an accessory structure just because people need more storage. She does not remember granting a variance when even one neighbor opposes: and, in this case, many neighbors are opposing this variance... Dr. Vos asked Mr. Dahl if he was aware of the setback from the bluff line because of his previ- ous variance request. Mr Dahl stated that, yes, he was aware of the bluff line setback of 40 feet. CONCLUSIONS AND RECOMMENDATIONS I have reviewed most of the documents pertaining to Mr. Dahl's request for variance. I have inspected Mr. Dahl's Lot, the Survey of the Site, the constructed foundation base for the aceessory structure and came to the following conclusions from my perspective as an Architect: 1. There doesn't exist undue hardship to the applicant as defined in Minnesota statutes, section 462, 357, Subdivision 6 and 2. The applicant's Lot is the lazgest in the neighborhood; adequate room to the south-approximately 85 ± feet deep - and side yard east of the house - approximately 60 ± feet exists to construct the proposed storage structure. Because the yard slopes to the south, access is more diff'icult there, but its possible. The structure could be located in the east side yard and to the south of the existing house in compliance with the setback requirements. There is also room adjacent to the garage to construct the structure, however, a variance to the bluff line setback would need to be granted. Possibility exists to extend the garage to the north providing more storage space for his yard equipment -the best possibility in my opinion... For these reasons and based on the above conditions the request for variance by Wayne Dahl should be denied. Once more it has to be emphasized that the petitioner's lot is NOT a very "unusual" lot, that his house is NOT of an "unusual" shape and that no "unusual" circumstances surround the house. Because the lot is of a pear shape, the original builder and owner of the house wisely located the house further south providing a better setting and securing more privacy. , .• 3 The front yard is easil�iinable - see the attached Site Plan. �is Site Plan it is clearly illus- trated that the proposed (the base already built) accessory structure not only violates the bluff line set back requirement of 40 feet, but also the Fridley City Code requirement, that accessory buildings and structures shall be permitted in the rear and side yards only. The proposed structure is NOT a"small tool shed hidden in the bushes." It is an 8 foot by 15 foot storage building to store lawn maintenance equipment -a tractor, a large trailer, etc. -it is an accessory structure. Ms. McPherson Planning Assistant, has stated at the Appeals Commission meeting June ?, 1994; ". .. in reviewing the City's records, the City has NOT received a previous request to allow an accessory structure in the front yard." Why not? -because the FRONT YARD restrictions are the most stringent requirements in the Code... It is unthinkable to make a precedent by granting variance to Mr. Dahl to build an 8 foot by 15 foot storage building in his front yard as shown on the Site Plan. .. Regardless of the shape of the lot, regardless of the location of the lot; whether it is on the River or on Mississippi St. East of University Ave. and regardless of who owns the house, the Code require ments apply to all equally. ThP 1Vlayox's 5 pa�e memo of June 22; 1994 to all members of the Fridley City ('ouncil to intimidate those voting against granting the variance was very unfortunate to say the least. .. Along with the overwhelming majority of our neighbors (90%) ± fully support the recom- mendations of the Fridley Planning Staff, the Appeals Commission, the Mississippi National River Recreation Area (MNRRA) and the initial City Council Vote to deny the variance requested by Wayne Dahl. Sincerely, � ohn V. Gru anis AIA 0 i I � 5eptember 8, 1994 Ms. Barbara Dacy Community Development Director Fridley Municipal Center 6431 University Ave. N.E. ' Fridley, MN 55432 � RE: Storage Shed on the Dahl Property' in the Mississippi River Critical Area Dear Ms. Dacy: I have reviewed the file sent by you on Alugust 3, 1994, as well as the approved Fridley Critical Area Plan and a letter sent by Dale I�omuth, DNR Regional Hydrologist on August 9, 1994 to your office on the matter referenced abave. Clearly, the comments submitted by Mr. Homuth's letter accurately reflect the facts that the City of Fridley must consider in acting on th� variance request. Fridley City Code and the City of Fridley approved critical area plan require that new structures be placed not less that 40 feet from the top of the bluffline overlooking the Mississippi river. An affirmative action by the City on Fridley on the Dahl variance request will infringe upon Fridley's city code and appraved critical area plan and would establish a precedent for action on similaz requests. If you have any questions, please contacC me at your convenience at 296-5089. ' cerely, �? ��i artman EQB Staff , �a EN111ANNfNi11 IIAtIi1 �11�� BS� �Ellw Si�EEi, Si. Pl�l, MN �51i�+�lY Z9i-Z61� f�N 61Y 49i-36la Si�ff P11ylsE9 �1 m lI�NNINi a N i�s O�Y /► �V .e � � � � r � a. ... � ... ^ a a a m m 0 � ;,� ti: 612 Mn. Planning 296 3698 TE�12-296-3698 Sep �94 9�59 No.004 P.02 A Brief Descriptian af the Env_�ranmental Quality Board Tho �nvironmental Quality� 8c�ard is �ha Statc of Minnesaca's principal forum far discussing enviraamentsl issues. Thc curr,er�t 15 azsmber board is c�nuosed af a chair�rson and fiva citizen mcmbers a�pointed b the_Gaverna�, tha commissioners of che_ sta�e departancnts af e e.:�„in,re_ H�alth_ N�tu � S. pii�lilC CiV1CC. 8t1 �'AtI8DOiatt0il. COi17[�18S10ilCt Qf t�1C Qf WatG! a31d SOI� RC30ill+CCS� and the dir�xtoza The E�B rcceives its staff support' from MN Pla„dRg. Thia sraff sappo�t. alang �+ith fiscal suppart, is pravidcd for in a met�ndt�aQ of ag�+eemenr bttwCOt� the EQ8 attd MN Planning. This agreement is stcuctured around an annusl work grogram which the EQB develops and fonn�lly adapts. or�-go%ng ecaviaes of �he Boarct' ast�blish� in stamce and suppo�rmd by staff include: adminissatian and iznplea�tatiaa of Envira�m�entel Review. Power Plaat Sit�n� and Transn�iasian Line R�wing. P1p�aline Rauting. Critical As+eas, t3atetic �a�inariag Regul�tion. Water Piaaniag, and Nuckar Wa�to� Dispa��i Peagi'�• _ In addidon to these oa-gaing gro�s, d�e LQB i� involve�d in a nutnber of additia�al acdvitiea. Sa�nu cnrncat cxamp�cs of dbse inclnd�e: . • Initiadon of t�e JIIt»nesa� S�tDa%�adile t�evetopmerrt l�titladve, a majcr atate inid�rtive on swstaitta�le dc� dwt will rewlt in a. saaroegic pl�et for Minnesoa►'a cnvironmea� ' � ■ Regulstiaa of �eAetictliy'� at�'ad acganis�: � Examitu�,oa of �rovv� �aetK Pa�Y � F�� ie Minne�ta: � �ae of Llcp �nu�aaattt pviicY: � � p�p�on of the �nvi�dental Impact Statem�ent (EI5) for the Univa�ity af Minnesota Ste�n Pltu�t ps+opia►�L; r A�umpdon af the adequ�cy deciaion for thc �nviranmcntal review doCunneats being preparod�fodt a possibl� t�ew!mettopoutan eirport; and. ■ Pnparadon of s generic aavixonnaentallmpact stat�c�ent (O�IS) on dmber harvesdng in Minnesota. � Pasc activities includo: • Dcvclopmont of the Ca�pr�/te�,sive Lacal iWarer Mar,uge,nent Act of 1985. ■ Cooid.inadon of the dcvelopc�eat and passage of thc�Ground Water Frotecrian Acr oj' 1989: �3 t11111M�#�i�i flll�it tfll! 1Si �EI�1=t1EfT, �i. �III. MM �S1�S EI! !!i-!1!� ilr iit !!!-iili S(�if �Iltil�i I� ��IINNIN� � - 612 296 3698 rMn. Planning TE� 2-296-3698 .Z. Sep �94 1Q:00 No.004 P.03 ■ Coordiaation of dcvelopment and p�ssage o� the Minnesota Envirortmm�cntal Education ACr, ' ■ Deve2opmcat of the ir�idative establishing the Board of Wuter and Soil Resowces. • Ordering and preparing at� EIS on the st�ragc of spent nacicar fuel from the Praiaic Island nuclear eleCtric gcneradng stations. '1`he Environmenrai �ality �aard's l�gislative foundation is established in Mianesota Stac�res. Chapcer 116.C.01-.08. This ponioa of che EQB enabling statu�e establishe$ bmad-based generic authariry that provides thc basis for all other e�cisdng statutoty auchorides as weit as for pocenaal futum icgislative asaignments af suthodty and nesponsibility. This statutc de�ines who tha Ho�rd is� wh�t it ia to do, and how it is to go abc�ut doing it, The pr+esent committee Structut+e supporting EQ8 activicies includes the following: ��xccutiv� Cammitt� -• Provides policy oversight of Bosrd aad staff acdvicies and work program devolc�ment; makcs r�commtndations to fall8oard. . ��trate�ic nnin�.� — Provides long range plan�ing, work Frogram devclapment, and general cnganitatianal structure advicx end �commendationa to the full Et�H. � ■ Water tt��oe�mes . Conuniteae » As�ista se�d advisea thc Board in c�ying ouc ics responsibilities und�r Minnesotm 3catutos 103A.42 and 1038.151, Water itesearch Necds and Trends Asscssdnent� and Wa�eer Itoeourea M�nagenae�c and Planning. ■ Advisqrv mmittee on Gar�eti��r.�}aie� enisms -- Advises ti� Ba�r+d on general issuas invatving �eaedc enginee,►�cg and issuea relating ta spocific gerieae enginecri�ng proposala. T�mpprnry subCVmmittees end tastc Pos�aa which have formed, compieted tluir ��aignments. and disbaryded. in�lude; Advisary Caa�itooa an t3xound Watec Protocdon; Subc�nmittee w Review tha Pindi�gs af thc Go�remar'3 T#�k Faatx ao itavitw tha Envircmmenca! QualitY Board; I�atg� Fiecdng Task Farc�; Seicnee Adviso�e oh the He�3th Effeets Assoeiated with High ValtAga Transmissian I..�ines; Indoo�r Air Quslity T�asic Porce; Legisiateve Review 5ubeonu�nitoaof Criticai Arcas Revicw Subaammipee; 'Y"imber Harvesting (3eneric Environmental Irnpact Statement Advisary Caanmitte�; St�y Volta�o Wark Graup. Most committees heve m�mbership drawn from both staco age�cy �cm6ars end Cidua a�mbers of the board. Mast have been chaired by citizen membera. The EQB �iils a uniqu� role in Minnesota gover�nt� It provides. the public with an accxssible fnrum for debadng a�nd discussing the enviinnmental palicies �nd decisians of state government; it pravidas thc mcchac+is�n far Covxdin�dn� tht 8�doris of majvr �tatt� �gtttcics end the impact of thCir decisions on the envi:ott�nt; and it pravides che govtrnor and cha Legislactiu�c with a tool for w�rking on those: environmental issues and probEems that do not fit in one af rhe state's other cnvironmcntat agtncies. ; 612 296 3698 Mn. Planning TE�12-2�6-3698 Sep �94 10�01 �0.00� P.04 Sep�ember 1. 1994 i�1INNESUTA ENViRQNM�NTAL QUA�.ITY BOAItD The Minnesota Envirpnmentai Qu�lity poatd was established in 1973 to �amot� and assun coope�tion and coordinatias� among stait agettcies an m3ti�ts lhat sig,t�i�c�nUy ati'ect Minnesata's nasurat resourees. ta addition ra idtntifying and studying eaviionmen� issues; ihe Boerd reviews major actioits, prog�ams and kgisiation. The purpose of th;s review is to resalvo canfticts and itysure compliance with the Minnesate Environmentat poticy Act. Thc Board adminisltrs 1he following progcams: Enviranmental Review, Powet ptattt Siting. Pipeline R�ting. Ge�etie Engiixering, Nuc4ear Wstste Man�gemeat. Critical Ar�as. as wdi ss eoordiruites Water Re�ources M�uining and M�gemenG � • The Baard is ct�ired by a npras�nntativc ai the Govemor's Office and includes tha dinctars of nine sta�e �genciea {A�ricultiu�e, Heallh. Natural Resovr�es, Poi�utian CoAa�al. P'ubiic Service. Strdtegic and Loa$ RamSt Planning (Mirinesota Pianningl. '�ranspatntios►. Oi�'ice a! �nviroameMal Assistau�cc, m�� oara ef Watec a� 5aii Re�oueces) and five cicizens appointed by t�►c (3averna. 'i1u Baard nscets ancc a month and atl meetings are open to tlu pubiic. Meeting natic�s and other announcamcnts appwr_il�, 3he EQB Manl�ar. a bi•waekly pubficadnn of tha Bomrd. MII�NES�TA DEPARTMENT• �F. AGRYCULTUR� The nYission af �ha deparrsmeot is to encauraBe, promal�. and facilitat� the growth and devebpment af a slabk and viable agcicultus`�t is�dustty in Minnesota Ag�icutwrc includea a tango of a�tivitits tf�t includ� ihe supply indnstry tt�raugh on-fam+ ar produccion agricultw�c w mazketing. pcocessing. distriburia� and consnmpticm acavitics. As a servica and �+egutatay agency, t�e dep�rtme�►t �erves the p�od�ce�s, ps+occssars. discribs�tara. m►d c�sumen of agricultw�al and ag�ieuiiw�liy �e}ateQ products. Ia coopa�ari� a►ith lc�. srace. and feder,l ag�ies and private vrganirstians. �he department actively maintaifrs a networi� af �a�ams snd serviccs that provick eca�nic protection zis well as pratact publie he�lth and the envir+pnmcnt, while facilitating �d promhtmg the development of agricultw�e and agricultutat food and Csber indus�ies. The dtp�ttmeat is �gsiniz�ed into 4 majcx program acrss in a+der W aChiCV� ifs tnsssiop �C1St�d abjective& 'Iii� pfa$i�R18 af'C: � � Pr�cxa0n Sorvicc .. Prvmatian and Marketing �. Family Fatn, Services .r Administradre Suppott snd (3rants MINNESUTA DEPARTMENT OF HEALTH Tt►e Min�esara Department of Heallh (14Q7i� is r�spc►t►sible for pratxang che healch of ail Minnesotans duvugh pteventipn and conpvl of discase. control of health haiards ia ti►c environman, and safeguardir►g the quaiitY of 1,eal�h �arE. 17ie dep:+rtmeat also promotts hcalthiu lifestylcs and scdcs ta imp+�ve the hes[� of mothrrs a�r�d chitdz�ee�. �a �NYIR�NMtllil[ D��tilt 8��i �59 CE�11 Si�EEI, �i. P1ol, MN 6�15� Bti 19t-i6�a f�N 914 Z9Q-8�'= 8I�(E Ple�l�f� 61 m PI�NNIN� � � 612 296 369& P1r� .�' 1 a.n r� i r, g TE�12-296-3698 Se p�94 10 � 01 No . OOA P. QS 'fhe nine mcmt�cr MPCA Citizcns BoarQ providcs a unique fonim for citizens p�ticipation in environmenmt decisions. i7�e O��Ci�! p�oiiCy-m�laing body uf the MPCA, tlre BoarC holds �blic mat+ngs Iht fawth Tuesday af each month at MPCA headquacters in St. �aul. �oaud mr.mbcrs arc �ppaintcd by 1hc gova�ar tp ataggesad faur-year terms, and ihey represent a diversity of oc�upa6onal gr►d geographic baCicgrau�tds. `X`he agency is organized into the follawing �ve divisions and the regian�l oper�tions oftice: � Water Quaiity Oivisicm � Air Quality pivisi� � Ground Water and Solid Waste Division . Haz.�u'dous Waste Divisian .r Rcgeon�l Optratipts �ce � Adminisirative 5ervices Y7►ivisian Although the agency has !hc lead responsibility far poilution cantra�l, many other state agrncies l�ve impo�tant rales in protecting and improving U�e environmenw 'The agrncy works closety with the D��ts af Natural Re�s, Health, and Agriculture, the Office of Environmenta! Assistaace� and the Environmenwi Quality �aard regarding braad palicy and specific environmeasal issucs. The agency 'ss also io pard�e�ship wi�h �he Federa! Enviranmenta! Protecti0n AgenCy. MINNE��TA DEPARTMENT OF PU�LIC SERVIC� The Minnesota Departrneni o[ Public 3e�rvice is a t�egulatory agency with statutory responsihilities relating to tetephone. gas and electric uWides. energy policy. tind weights and rncasut+es ilt Mianc�ala. Thc UCpaNncrit acls as public advocate for li�c state in the regutation o[ public uWitics, The �epactm�t is nespof►sible f� investigating the reasaaabtcacss of cates charged by utilities and ai�a has authorily ta assnre co�npliance with and enforcement of a11 orders of the Minnssota Pubtic Uulities Commission {PLiG�. In addition. it is the invesdg�tive �r►d enforcement agency for a11 sts►te weights snd mee�ssures statutes. In the utiiity sphece. the department's �egulatcuy respansibilities inclu� investigating atility t�.w�rues and t� matters, monitoring rate adjusiment clauses, investigating utility acquisidoas, and zeviewing gmpamed issuanves of &ecurities by regulated utiiities. The deparlment also underlakes speCial imestigations �l studies relsting � utility raics and �rvices �nd public issuCS. Ti►e dc�nment's Ec�cr�y Div�sion provi�es p�ergy-re�ed and technicai infcxm2tibn to a wide range of entrgy users. The Energy Ditision is alsa Charged with enoburaging improvemCttts in encrgy efficiency and devetopmcnt af altcmative encr$y resources. 'It�e dep�CM's Weights and Measums Division is responsible far examining erKi evuluating all weighing and measuring devicts in commercial service in the state W pr�tect Minncsola citixens lrom faise wei$hi�g ar tneaswring tcansactions. ()FFIC� OF STRA'I'EGIC AND LUNG RANGE �'�.ANNING (1Vi�NN�SU'1`A �'�.ANNIN�) The d[Cce af Strattgic and Y..ong Range Planning has the respvnsibitity to develop an iNegrated long range plan for ihe state. It coardinates activities amang a111evcts of government anci pfambtes public �terest 8nd p�rticipation in the future af the state. 'me Of�ce acts in coardir��tion with t)�e Commissioner of �',nanee, effected state agencies, and t�e Legislaturc in the �rian�ing and Gnanciag of m�jor pubiic prog�ams. included in the Office is the state demographer, the Environmental Qaaliry Board, and the Activn for Children Council, 3 •' ; „ 612 296 3698 t�in . P 1 a.nn i r7g TE�12-296-3698 Sep �94 10 : 02 No . 004 P. C?6 MINNESpTA DEPARTMENT O� TRANSPQRTATION The Minnesvta Qepartme�t of Transportation (IvIN/pOT) was crcatcd in 1976 when she Legislature mr,xgtd the for�rrer Departmeni of Highways and Aeronautics, as welt as partions of the Dcpartment of Public Scrvice and the trar►sportation related functions pf the State Planning Agency. , The Aepartmcnt a! Transportation socks to pravide a baJanced trans�tioa sys�em fcu M;nncsata. It deveiops and implements poticies, plans, Htid QlOgl.1f118 IOi .'�Ci�p1lAUtfCS, highw$ys, rnota csrriers, pons, publec tra�tit� and railrodds. . The department constructs, maintains, and regulates trat►spa�tation facilitits and sct�riccs as tequited by laar. 'Il�e c�mmi�sioncr may appcar as party ou� behali' of tt�e public in any pracc+cdin� bcfore any governmemal agency �egulating public scivices or rates celating to tr�sportalior, inciudi�g the Transport�tion Regulation Bo�rd. NINJUOT makes �rtirul:uly strong efforts ta �onsider the sacial, eranamic� and environmental effects of its decisions and aggressively promotes Ihe offiCient ose of energy resawces for u�ansport�tion purpo�ts. 'li�e dep�rtrtient maintains clpse warking rel�tiatiships with ihe many public tu+d private individuais. groups. as►d assaciations involvCd in transpottation. MINNESOTA OF�'ICE OF ENVIRQNMEN'X`A�. ASSISTA.NCE The Minnesata Offce of finviro»mCr�ta) Assist�nce (OEA) provides technicai and financial assistance to businesses and gavemmental agencies in ordcr io imprave the management pt salid and har�rdous wastc in Minnesota. The QfCcc of �nviranmental Assistance's gaals are to protect the environmer+t� CortservC rC.cOUCCCS, and reduce dep�ttdence on land dispbsssil of waste through rCduction ir+ waste ganerated, tause and recycling of rr�berials. compasdng, �nd other rGSOUree recovery and waste pracessing mcthpds. MINN�SOTA BOARI) UF VrVATER AND S�II. �tESOCTRCES At the stat� levei, the ao�rd tif Water snd Soil itespuorces (BWSR) helps m�n:tge and protect water a�d soil by worlcing ciosety wiit� loeal watershed districts, eounlics, and sail ar►d water canservation districts, 7'he Board of V4�ater and Sc�il ltcso�r�es is the reselt of a 19$7 mcrger of thc Soil �d W3ter Consorvation Bc�ard and the 5outt�ern Minnesot� River Basins Council. Al! thrce agencies had cloxe iies to counties. sail and watet consctv�titm di�h'iCts. and watershed �istticis. The Baard af Water and Soil Resaurces con6nues t�is fra�iuon. '�tuough its pian appravai auttwrity, adndnistr�tian of state grants, and tcchnic2►! a.s,sist�nce to distric�s and caunti�s.'thc �oard oC Water and Soi1 Resa�es cx�ardi�tes thC watet s�rtA sciil resaurce ptanoing aetivitits of 16ese lac�l units of gOvemment. As part of its mau�date. U�e �oar�i crf Water and Soit Rcsaurees a�so deveiops infarnnatiaa and edueation paog�ams thaz stress lhe early detecdon a��d preventi�n of natural resaur�es �oblans, hclping avaid cosUy esivis�ansnental mistakes. Eqnally imporlani is the Bt��'d's rale in compr�ehensive locsl ��atcr planning. Because af if.a ties ta local govemment and its invalvement with w�ter and soil. fhe Board of Watcr and Sail Rcsaurccs has be�n gi�en the a�thaity to �pprove local water plans. 4 I _ � � Community Development Department PLANNING DIVISION City of Fridley DATE: September 15, 1994 � To: William Burns, City Manager ,�ll' � FROM: SUBJECT: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant Variance Request, VAR #94-08, by Wayne Dahl; 177 Hartman Circle N.E. The City Council voted 3:2 to reconsider its decision regarding variance request, VAR #94-08. Attached please find the staff report, the Appeals Commission meeting minutes of June 7, 1994, the City Council meeting minutes of June 20, 1994, letters from the Department of Natural Resources dated August 9, 1994, June 20, 1994, and 5eptember 21, 1989, letters from Susan Miskowic and Neil & Connie Hayford dated June 7, 1994, a letter from Judy & Dean Yorston dated July 25, 1994, a letter from Rick McMongle dated August 15, 1994, a letter from JoAnne Kyral dated July 28, 1994, a copy of a petition from the neighborhood, and a letter from David Ulel dated July 17, 1994. Also attached are photographs submitted by the petitioner, Wayne Dahl. Staff also received a letter from Mr. Grundmais dated August 24, 1994 requesting denial of the request. A letter dated September 8, 1994 from the Environmental Quality Board is also included in the packet. � The Environmental Quality Board is composed of the Commissioners of each of the State agencies includinq the Departments of Agriculture, Transportation, Natural Resources, Public Safety, Minnesota Planning and Pollution Control, Health, and the Board of Water, Soil, and Resources. In addition, five citizen members are appointed. The Board meets once a month. The Board is governed by a variety of statutes. In this case, the Minnesota Critical Area Act pertains as well as the administrative ruYes promulgated by the State to administer the Act. The City Attorney has contacted the Attorney General's Office and is prepared to report his findings to the City Council. The variance request is in two partss . .. ,. � Wayne Dahl VAR 5eptember 15 1994 Page 2 � l. To reduce the setback from the Mississippi River bluff line from 40 feet to 1.5 feet. 2. To allow construction of an accessory structure in the front yard. MM/dn M-94-400 � 0 . -� � � Ms. Dacy stated she understands that Mr. Haluska is wait' g for a letter from.the Tx-ust for Public Land, stating that th will not pursue the site as the cost for acquisition is over $ 0,000. She stated that staff has not, however, seen any letter rom the Trust for Public Land on their position. Mr. Reyes stated that he has spok�n with the Tru for Public Land, and it is his understanding that whatever fu s they contributed would have to be repaid. He stated that e believes they are reluctant to allocate the funds. Councilwoman Jorgenson asked if the gislative Commission on Minnesota Resources provides funding t rough the grant process. Mr. Reyes stated that is his underst ding. He said that the state has $34,000,000 available to fund variety of projects and sites around the state. He stated tha he believed this funding comes from the Minnesota State Lotter _ Councilwoman Jorgenson stai sive acquisition, and this to check the criteria fo � on Minnesota Resources. hat this site would be a very expen- rule out a grant. She asked staff ts from the Legislative Commission MoTION by Councilman S hneider to receive a letter from Mr. John Haluska, 5660 Arthur treet, dated September 19, 1994. Seconded by Councilwoman Jor enson. Upon a voice vote, aIl voting aye, Mayor Nee declared he motian carried unanimousiy. Mayor Nee sta item at their Councilwo October 3 at the Oc that Council would normally take action on this t regular meeting on October 3. orgenson stated that she would not be present at the ing and felt it would beneficial to consider action 17 meeting. Mayor N e stated that if there were no objections, this item would be on he Council's agenda on October 17. ON by Councilman Schneider to close the public hearing. nded by Councilwoman Bolkcom. Upon a voice vote, all voting Mayor Nee declared the motion carried unanimously and the ic hearing closed at 8:45 p.m. OLD BUSINESS: 2. -- � LL1 �•L �v r�i,�w AN t�LC�SSORY STRUCTURE IN THE FRONT YARD ALL TO ALLOW THE CONSTRUCTION OF AN 8 FOOT BY 15 FOOT STORAGE SHED GENERALLY LOCATED AT 177 HARTMAN CIRCLE N.E. (TABLED 8/1/94) (WARD 3� • MOTION by Councilman Schneider to remove from the table the motion to deny Variance Request, VAR #94-08. Seconded by Councilwoman � � FRIDLEY CITY COIINCIL MEETING OF SEPTEMBER 19, 1994 PAGE 5 Councilman Schneider stated that at a previous Council meeting, Mr. Haluska was asked if the people who represent the Friends of Innsbruck Park would be willing to contribute their own funds to acquire this property. He stated that Mr. Haluska said he would, but he could not speak for others. Mr. Reyes stated that he would also be willing to contribute, but he cannot speak for others. He stated that their efforts were primarily to maintain this site as it is now, and he hoped that there were governmental monies available. He stated that when he moved to this area his taxes increased four times the amount he was paying in another area in Fridley. He felt that he probably has already made a down payment. Councilman Schneider stated that the City cannot delay the devel- oper's plans indefinitely. He suggested that if the Friends of Innsbruck Park are serious about their proposal and are willing to be assessed for the cost to purchase this property, a petition should be submitted to the Council. Mr. Reyes stated that would be considerable expense for the pro- perty owners. He stated that a lot of the parks the City has acguired has been from developers dedicating a certain percentage of the development as park land. He suggested that perhaps a certain portion of this land could be set aside as park property. He felt that by the time it is determined if funding could be received, the trees would be gone and the land would be signi- ficantly altered. Councilman Schneider asked if action on this plat could be tabled for six months. Mr. Herrick, City Attorney, stated that if the developer meets all the zoning and platting requirements and agrees to the stipula- tions, he felt they could go to court and obtain an order to compel the City to approve the plat. He stated that Council is required to take action on the plat in a reasonable fashion. Mayor Nee stated that in regard to the suggestion about the d�vel- oper contributing park land, the developer may satisfy this park dedication requirement by contributing land or by paying a park dedication fee. Ms. Dacy stated that"the park dedication fee is $1,500 per lot and would be required at the time the building permit is issued in lieu of the land. Councilman Schneider stated that if the developer dedicated land instead of paying the park dedication fee, the City would receive about three-tenths of an acre or about one residential lot. Councilman Schneider asked the status of a previous proposal by the Friends of Innsbruck Park that involved the Trust for Public Land. � � FRIDLEY CITY COIINCIL ME$TING OF SEPTEMBER 19 1994 PAGE 7 Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Ms. Dacy, Community Development Director, stated that this is a two part variance; the first variance is to reduce the setback from the bluffline from 40 feet to 1.5 feet, and the other variance is to allow an accessory structure in the front yard in order to construct an 8 foot by 15 foot storage shed. Ms. Dacy stated that the Appeals Commission unanimously recomme�ded denial of this variance request because they felt that there were other options to place the structure to conform with the setback requirements. Ms. Dacy stated that at the August 1 Council meeting, questions were raised regarding the Environmental Quality Board's role. They have responded in a.letter from Larry Hartman dated September 8, 1994, which is included in the Council's agenda material. She stated that the Attorney General's Office was contacted regarding the Environmental Quality Board's authority, The EQB needs to be notified of impending action, but final action rests with the City Council. She stated that all correspondence, pro or con, regarding this variance has been forwarded to the Council. Mr. Herrick, City Attorney, stated that he has discussed this issue with Allen Mitchell, Assistant Attorney General, and advisory to the Environmental Quality Board. Mr. Mitchell agrees with the interpretation that the requirement of the City was to notify the Environmental Quality Board. Mr. Herrick stated that neither he nor Mr. Mitchell found any authority for the EQB to override the Council's decision on the variance. � 'Mayor Nee stated that ordinarily this issue would not be subject to public participation in the discussion. He stated that Council has a long agenda and asked the .Council � s pleasure whether they wished to allow any further discussion from the audience. MOTION by Councilwoman Bolkcom to receive any new information but not to discuss further the information and correspondence Council has before them or.has heard at other previous Council meetings. Further, to limit any individual to two minutes and not to sgend over forty minutes on this item. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilwoman Bolkcom asked Ms. Dacy to define an undue hardship.� Ms. Dacy stated that the letter from the Department of Natural Resources dated August 9, 1994 quotes the definition of undue hardship from the Minnesota Statutes, Section 462.357, Subdivi- sion 6, as follows: '�The applicant must prove 1) that they cannot put the property to reasonable use under the terms of the ordi- � � FRIDLEY CITY COIINCIL MEETING OF SEPTEMBER 19 1994 PAGE 8 nance, 2) that the plight of the owner is due to circumstances unique to their property and not created by the owner, and 3) that the variance if granted will not alter the essential character of the area. Ms. Dacy stated that there is room to the south and east sides of the home to construct the storage structure even though ther�e are a number of trees in the area. She stated that the petitioner's hardship was because of the steep slope, access would become difficult during the winter months to get the equipment in the shed. Councilman Schneider stated that because of the configuration of this particular lot, the shed is located in the front yard. If it was moved five feet to the north it would be in the rear yard. Councilwoman Jorgenson stated that Council has many times over- turned staff's recommendation for denial of variances. She stated that generally speaking, variances have been granted where there has not been neighborhood opposition. She stated that the first time this item was before Council, there were several other vari- ances on the agenda where staff recommended denial based on other alternatives, and these variances were granted. Councilwoman Bolkcom pointed out that there was no neighborhood opposition to those variances. Councilwoman Jorgenson stated that the problem is that the flnly time Council generally denies a variance is when there is �eighbor- hood opposition, and that can be discriminatory. Councilwoman Bolkcom felt that it was beyond the issue of neighbor- hood opposition. She thought that there are other areas that the shed could be located. Mr. Herrick stated that the legal criteria for granting or denying the variance was not whether it was opposed or unopposed by the neighborhood. He stated that the variance should be judged on its merits and not whether there is or is not opposition. Councilman Schneider stated that in addressing the variance for the front yard, he believes the unique character of the land applies in this case. He stated that the definition of the front yard is very arbitrary. He stated that he does not have a problem with the iront yard variance, as he does not believe this is really a front yard. He stated that in regard to the variance from the bluffline, the Mississippi River is very diverse, and there are factories, waste treatment facilities, gazebos, restaurants, etc. up and down the river. He stated that he has a problem with the idea that a storage shed would destroy the environment. He felt that every homeowner has some reasonable rights to use his property, and he is concerned when bureaucrats are making judgments on what they r • . � � FRIDLEY CITY COIINCIL MEETING OF SEPTEMBER 19. 1994 PAGE 9 feel is best for the river rather than allowing local government to make these decisions. Councilman Schneider stated that what made him reconsider his vote to deny the variance is that denying the variance is being arbi- trary and capricious. He stated that it comes down to balancing property rights with the issue of the environment. He stated that the petitioner's proposal minimizes the impact from the true front yard, it is virtually invisible from the public right-of-way, and only potentially visible to one neighbor. Councilman Billings stated that he believed the motion before Council is to deny Variance Request, VAR #94-08, and with that in mind, he moved the following: MOTION by Councilman Billings to call the question. Seconded by Councilwoman Bolkcom. Upon a roll call vote, Councilman Billings and Councilwoman Bolkcom voted in favor of the motion. Councilman Schneider, Mayor Nee, and Councilwoman Jorgenson �toted against the motion. Mayor Nee declared the motion failed. Mr. Dean Yorston, 161 Hartman Circle, stated that to request a var- iance when there are alternatives that would not create a hardsl�ip is unreasonable. `He stated that he liyes on the river. When he wanted to construct a shed, he was told he had to be three feet from the lot line and could not be placed where�it would obstruct his neighbor's view of the river. He felt that a variance was not needed, as there are alternatives. Mr. Larry Rom, 169 Hartman Circle, felt the shed was inconsequen- tial, as it•is out of the way. Ms. Connie Lane, 173 Iiartman Circle, she stated that she wished to remind Council that they have a responsibility to protect them. 5he stated that other agencies have been contacted, and Council should listen to those persons and abide by the regulations that are in place. Mr. John Grundmanis, 185 Hartman Circle, stated that he is appalled to hear there are some true front yards, and some are not clear what is the front yard. He stated that in this case, it is crystal clear where the front yard is located. He stated that the concern should not be what is along the river in other places, but to focus on Mr. Dahl's request. He felt it would be against the code to allow him to construct the shed in the front yard. Mr. David Ulrich, 157 Hartman Circle, stated that he has lived at this address for twenty years and felt that the whole issue has been blown out of proportion. He stated that Mr. Dahl's shed is well-planned, concealed, and there will be some plantings around it. He stated that Mr. Yorston has a shed that is three feet from the property line, and there are no objections. He also felt that this whole thing has gotten out of hand. . . ., � � FRIDLEY CITY COIINCIL MEETING OF SEPTEMBER 19, 1994 PAGE 10 Mr. Mark Knutson, 140 I�artman Circle, stated that the passion this variance request has incited puzzles him. He stated that the ma- jority of the neighbors simply do not care about it, and they wonder what all this is about. He felt that this was a minor issue, and it is inconceivable it has gotten to this point. Mr. Dahl, the petitioner, submitted a petition from property owners in the Hartman Circle neighborhood and 21 out of 32 property owners have indicated that they have no objection to this variance. He stated that some people do not want to be involved at all. He stated that only about five or six property owners in the neighbor- hood oppose the variance. He stated that the area of the shed that can be viewed from the north now has three arborvitae in front of it, and in several years it would not be visible. He stated that the shed is screened in all directions. Mr. Neal Hay.ford, 173 Hartman Circle, stated that he has new infor- mation, and he submitted a petition from people all over the metro- politan area regarding this variance. He stated that he has peti- tioned property owners who live on the river; 74 percent do not want the setback interfered with, and 22 percent of the people were not home. Councilwoman Jorgenson stated that Mr. Dahl has submitted a peti- tion indicating that 21 property owners do not object to this variance. She felt that there are three issues; property rights,. authority to grant or deny the variance; and fair treatment of all citizens. She stated that Council cannot treat one person dif- ferently in regard to a variance without beinq arbitrary and capricious. MOTION by Councilwoman Jorgenson to receive Petition No. 7-1994 from Mr. Dahl and Petition No. 8-1994 from Mr. Hayford. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � MAYOR NEE STATED THE MOTION FOR DENIAL OF THIS VARIANCE HAS BEEN REMOVED FROM THE TABLE AND IS ON THE FLOOR AND CALLED FOR A VOTE ON THIS MOTION. UPON A ROLL CALL VOTE FOR DENIAL OF VARIANCE REQUEST, VAR #94-08, Councilman Billings and Councilwoman Bolkcom voted in favor of the motion. Mayor Nee, Councilman Schneider,and Councilwoman Jorgenson voted against the motion. Mayor Nee declared the motion failed. MOTION by Councilwoman Jorgenson to grant Variance Request, VAR #94-08, 177 Hartman Circle, to reduce the setback from the bluff- line from 40 feet to 1.5 feet to allow construction of an accessory structure in the front yard, with the following stipulations: (1) the petitioner shall apply for and receive a building permit; and (2) the storage structure shall not be located in the drainage easement located along the north lot line. Seconded by Councilman Schneider. ! �! FRIDLEY CITY COIINCIL MRETINt3 OF SEPTEMBER 19. 1994 PAGB 12 Councilwoman Bolkcom stated that there are a lot of agencies that have been involved in this variance. Although they have some ex- pertise she did agree that the City should have the final decision. MOTION by Councilman Billings to amend the second part of Variance Request, VAR #94-08, to allow an accessory structure in the front yard to include the five stipulations added to the bluffline variance. Seconded by Councilwoman Jorgenson. Upon a voice vote, Councilman Billings, Councilwoman Jorgenson, Councilman Schneider, and Mayor Nee voted in favor of the motion. Councilwoman Bolkcom voted against the motion. Mayor Nee declared the motion carried by a 4 to 1 vote. Councilman Schneider stated that the question is if a separate motion is needed for that portion of Variance Request, VAR #94-08, to allow an accessory structure in the front yard. He stated that. as he understands Robert's Rul'es of Order, this is not necessary. Councilman Billings stated that he supported the motion on the var- iance to the setback from the bluffline because he felt the pro- perty was unique. He stated that on the variance to allow an accessory structure in the front yard, one of the requirements of undue�hardship from '�he state statute is that the plight of the owner is due to circumstances unique to their property and not created by the owner. He stated that current. or prior owners placed the home near the rear of the lot and made the decision that this was more important to them than being allowed to have an accessory building. He felt that the variance in this case was a hardship because of the tremendously large setback from the road. The hardship was not created by the lot itself, but by the use of the lot between previous and/or current owners and could not support this variance. Mayor Nee stated that, as he understands, the main motion as it now stands is to grant the variance to allow an accessory structure in the front yard with the original two stipulations; the one stipula- tion included in the amendment; and the five added stipulations included in the variance to the bluffline. UPON A ROLL CALL VOTE ON THE MAIN MOTION, Mayor Nee, Councilwoman Jorgenson, and Councilman Schneider voted in favor of the motion. Councilman Billings and Councilwoman Bolkcom voted against the motion. Mayor Nee declared the motion carried by a 3 to 2 vote. 3. HARSTAD) (WARD 2�: MOTION by Councilman Schneider to wa3 Ordinance No. 1035 and adopt it on publication. Seconded by Councilwoman 0 second secona �e� Jorgenson. reading of and order Qn a voice . � � � � FRIDLEY CITY COIINCIL MEETING OF SEPTEMBER 19, 1994 PAGB 11 MOTION by Councilman Schneider to amend the above motion by adding another stipulation, as follows: (3) appropriate erosion control as approved by City staff. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Billings to amend the motion and divide the question of the variance requests and vote on them separately. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Billings to amend the motion granting that portion of Variance Request, VAR #94-08, to reduce the bluffline setback from 40 feet to 1.5 feet by adding the following additional stipulations: (1) that the shed be no closer than five feet of the property 1 ine of any adj acent property owner ;.( 2) that the shed be screened with arborvitae on the street side and the side closest to the most adjacent property, as per the site plan by Kurth Surveying, Inc.; (3j that the shed be no taller than eight feet in height; (4) that the shed's smaller dimension be no smaller than 8 feet and the larger dimension be no larger than 15 feet; and (5) that the property owner be made aware of the City ordinance regar- ding the storage of trailers and snowmobiles in the front yard of their property. Seconded by Councilwoman Jorgenson. Upon a roll call vote, Councilman Billings, Councilwoman_Jorgenson, Mayor Nee, and Councilman Schneider voted in favor of the motion. Council- woman Bolkcom voted against the motion. Mayor .Nee declared the motion carried by a 4 to 1 vote. Councilman Billings stated that in viewing this particular request for the variance from the bluffline, Mr. Dahl does have a very steep hill on his property. He stated that his back yard�is such that he believes it makes this particular piece of property unique. He stated that even though it is one of the largest lots on Hartman Circle, some portions cannot be built on due to the steepness of the grade. He stated that the location of the house, not with- standing the lot itself, provides significant hardship that the bluffline variance is appropriate. Councilwoman Jorgenson stated that the pie shape of the lot and steep grade makes it difficult to relocate the shed in the area where a snowplow or garden tractor with a snowplow could make it up the grade and access the driveway. She felt that this was a hardship. . Councilwoman Bolkcom stated that she would disagree because she felt that there is another area where the shed could be located. She stated that it may not be as convenient, but she did not believe it is that much of an uphill incline. She stated in that sense, she did not believe there is a hardship. � _ _ CITYOF FRlDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNtVERSITY AVE. N.E. FRIDLEY, MN 55�32 •(612) 571-3450 • FAX (612) 571-1287 CITY COUNCIL ' ACTION TAKEN NOTICE Wayne Dahl 177 Hartman Circle N.E. Fridley, MN 55432 Dear Mr. Dahl: September 22, 1994 On September 19, 1994, the Fridley City Council reconsidered and officially approved your request for a variance, ,.�, , to reduce the setback from the top of the bluffline overlooking the Mississippi River from 40 feet to 1.5 feet, and to allow an accessory structure in the front yard, all to allow the • construction of an 8' x 15' storage shed on Lot 1, Block 2, Sandhurst Addition, the same being 177 Hartman Circle N.E., with the following stipulations: l. The petitioner shall apply for and receive a building permit. 2. The storage structure shall not be located in the drainage easement located along the north lot line. 3. Appropriate erosion control as approved by City Staff. - 4. The shed must be no closer than five feet of the property ,line of any adjacent property owner. 5. The shed must be screened with arborvitae on the street side and the side closest to the most adjacent property, as per the site plan by Kurth Surveying, Inc. 6. The shed must be no taller than eight feet in height. 7. The shed's smaller dimension must be no smaller than 8 feet, and the larger dimension must be no larger than 15 feet. 8. The property owner be made aware of the City ordinance � regarding the storage of trailers and snowmobiles in the front yard of their property, Wayne Dahl VAR September 23, 1994 Page 2 � 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. Enclosed is a copy of the R-1 Zoning District requirements. Please note Section 205.07.06.0 regarding exterior storage. Please discontinue storage of materials/trailers in the front yard, and store them in a building, or, in the case of the trailer, in the side yard. If you have any questions regarding the above action, please call me at 572-3590. �nce ely, J arbara Dacy, AICP Community Development D ector BD/da Enc. • Please review the above, sign the statement below and return one copy to the City of Fridley Planning Department by October 7, 1994. Concur with action taken. STATE OF MINNESOTA � � �TY COUNCIL PROCEEDINGS �COUNTY OF ANOKA ) VARIANCE CITY OF FRIDLEY ) In the Matter of: a variance, VAR ��94-08 owner: Wayne E. Dahl The above entitled matter came before the City Council of the City of Fridle,y and was heard on the 19th day of September , 19 94 , on a petition for a variance pursuant to the City of Fridley�s Zoning Ordinance, for the following described property: To reduce the setback from the top of the bluffline overlooking the Mississippi River from 40 feet to ].5 feet, and to allow an accessory structure in the front yard, all in order to construct an 8' x]5' storage shed, on Lot 20, Block 2, SandhursC Addition, except that part described as follows: beginning at the most easterly part of the common line between Lots 19 and 20, said Block 2; thence southwesterly along said common line 15 feet; thence easterly to a point on Hartman Circle six feet south of the point of beginning; thence northerly along Hartman Circle to the point of beginning, subject to easements of record, generally located at 177 Hartman Circle N.E. . IT IS ORDERED that a variance be granted as upon the following conditions or reasons: Approval with eight stipulations. See City Council meeting minutes of September 19, 1994. 15 -3(��2�{-1a-005'7r� STATE OF MINNESOTA ) COUNTY OF ANOKA CITY OF FRIDLEY ) ) OFFICE OF THE CITY CLERK I, William A. Champa, City C�erk ior the City of Fridley, with and in for said City of Fridley, do hereby certify that I have compared the foregoing copy and Order granting a variance with the original record thereof preserved in my office, 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 �}�N day of • 19�—• DRAFTED BX: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 ll ., l ��. William A. Champa, City �lerk•� +�� j.' F' : � _ �: , `4. (SEAE)., , •,� t,� Variances are valid for a period of one year following approv��`p.�nd s��a11 be considered void if not used within that period. � `,• `\�,� - ,` � • � FRYDLEY CITY COIINCIL MEETING OF SEPTEMBER 19 1994 PAGE 6 Ms. Dacy stated she understands that Mr. Haluska is waiting for a letter from.the Trust for Public Land, stating th they will not pursue the site as the cost for acquisition is ov r$300,000. She stated that staff has not, however, seen any le er from the Trust for Public Land on their position. Mr. Reyes stated that he has spoken with the rust for Public Land, and it is his understanding that whatever funds they contributed would have to be repaid. He stated t t he believes they are reluctant to allocate the funds. Councilwoman Jorgenson asked if th Legislative Commission on Minnesota Resources provides fundin through the grant process. Mr. Reyes stated that is his under tanding. He said that the state has $34,000,000 available to fu a variety of projects and sites around the state. He stated t at he believed this funding comes from the Minnesota State Lott . Councilwoman Jorgenson stat d tha� this � site would be a very expen- sive acquisition, and thi may rule out a grant. She asked staff to check the criteria fo grants from the Legislative Commission on Minnesota Resources. MOTION by Councilman Schneider to receive a letter from Mr. John Haluska, 5660 Arthu 5treet, dated September 19, 1994. Seconded by Councilwoman J genson. Upon a voice vote, all voting aye, Mayor Nee declare the motion carried unanimously. Mayor Nee stat that Council would normally take action on this item at their ext regular meeting on October 3. Councilwoma Jorgenson stated that she would not be present at the October 3 eeting and felt it would beneficial to consider action at the Oc ober 17 meeting. Mayor �e stated that if there were no objections, this item would be on e Council's agenda on October 17. MOTI by Councilman Schneider to close the public hearing. Sec nded by Councilwoman Bolkcom. Upon a voice vote, all voting a, Mayor Nee declared the motion carried unanimously and the ublic hearing closed at 8:45 p.m. OLD BUSINESS: 2. RECONSIDERATION OF ACTION ON VARIANCE RE UEST VAR 94-08 BY WAYNE DAHL TO REDUCE THE SETBACK FROM THE TOP OF THE BLUFF- LINE OVERLOOKING THE MISSISSIPPI RIVER FROM 40 FEET TO 1.5 FEET AND TO ALLOW AN ACCESSORY STRUCTURE IN THE FRONT YARD ALL TO ALLOW THE CONSTRUCTION OF AN 8 FOOT BY 15 FOOT STORAGE SHED GENERALLY LOCATED AT 177 HARTMAN CIRCLE N.E. 1TABLED 8/1/94) {WARD 3 L MOTION by Councilman Schneider to remove from the table the motion to deny Variance Request, VAR #94-08. Seconded by Councilwoman C l ,��., �'r,.: �l / �� FRIDLEY CITY COONCIL MEETING OF SEPTEMBER 19, 1994 PAGE 5 � Councilman Schneider stated that at a previous Council meetin , Mr. Naluska was asked if the people who represent the Friends of Innsbruck Park would be willing to contribute their own fun to acquire this property. He stated that Mr. Haluska said he ould, but he could not speak for others. Mr. Reyes stated that he would also be willing to eontr' ute, but he cannot speak for others. He stated that their e forts were primarily to mairitain this site as it is now, and hoped that there were governmental monies available. He state that when he moved to this area his taxes increased four time the amount he was paying in another area in Fridley. He felt hat he probably has already made a down payment. Councilman Schneider stated that the City can ot delay the devel- oper's plans indefinitely. He suggested t t if the Friends of Innsbruck Park are serious about their prop sal and are willing to be assessed for the cost to purchase th's property, a petition should be submitted to the Council. Mr. Reyes stated that would be consi rable expense for the pro- perty owners. He stated that a lo of the parks the City has acquired has been from developers d dicating a certain percentage of the development as park land. He suggested that perhaps a certain portion of this land cou be set aside as park property. He felt that by the time it i determined if funding could be received, the trees would be one and the land would be signi- ficantly altered. Councilman Schneider asked /if action on this plat could be tabled for six months. / Mr. Herrick, City Attor y, stated that if the developer meets all the zoning and platti requirements and agrees to the stipula- tions, he felt they c ld go to court and obtain an order to compel the City to approve he plat. He stated that Council is required to take action on t e p1aL in a reasonable fashion. Mayor Nee stated at in regard to the suggestion about the devel- oper contributi park land, the developer may satisfy this park dedication req rement by contributing land or by paying a park dedication fe . Ms. Dacy sta ed that the park dedication fee is $1,500 per lot and wouZd be re uired at the time the building permit is issued in lieu of the la . Council n Schneider stated that if the developer dedicated land instea of paying the park dedication fee, the City would receive about hree-tenths of an acre or about one residential iot. ' Cou ilman Schneider asked the status of a previous proposal by the �,� Fr ends of Innsbruck Park that involved the Trust for Public Land. � • FRIDLEY CITY COIINCIL MEETING OF SEPTEMBER 19 1994 ' � PAGE 7 � Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Ms. Dacy, Community Deveiopment Director, stated that this is a two part variance; the first variance is to reduce the setback from the bluffline from 40 feet ta 1.5 feet, and the other variance is to allow an accessory structure in the front construct an 8 foot by 15 foot storage shed. yard in order to Ms. Dacy stated that the Appeals Commission unanimously recommended denial of this variance request because they felt that there were other options to place the structure to conform with the setback requirements. Ms. Dacy stated that at the August 1 Council meeting, questions were raised regarding the Environmental Quality Board's role. They have responded in a letter from Larry Hartman dated September 8, 1994, which is included in the Council's agenda material. She stated that the Attorney General's Office was contacted regarding the_Environmental Quality Board's authority. The EQB needs to be notified of impending action, but final action rests with the City Council. She stated that all correspondence, pro or con, regarding this variance has been forwarded to the Council. Mr. Herrick, City Attorney, stated that he has discussed .this issue with Allen Mitchell, Assistant Attorney General, and advisory to the Environmental Quality Board. Mr. Mitchell agrees with the interpretation that the requirement of the City was to notify th,e Enviranmental Quality Board. Mr. Herrick stated that neither he nor Mr. Mitchell found any authority for the E�B to override the Council's decision on the variance. Mayor Nee stated that ordinarily this issue would not be subject� to public participation in the discussion. He stated that Council has a lang agenda and asked the Council's pleasure whether they wished to allow any further discussion from the audience. MoTION by Councilwoman Bolkcom to receive any new information but not to discuss further the information and correspondence Council has before them or has heard at other previous Cauncil meetings. Further, to limit any individual to two iainutes and not to spend over forty minutes on this item. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilwoman Bolkcom asked Ms. Dacy to define an undue hardship. Ms. Dacy stated that the letter from the Department of Natural Resvurces dated August 9, 1994 quotes the definition of undue hardship from the Minnesota Statutes, Section 462.357, Subdivi- sion 6, as follows: "The applicant must prove 1) �hat they cannot put the property to reasonable use under the terms of the ordi- • � FRIDLEY CITY COITNCiL MEETING OF SEPTEMBER 19 1994 PAGE 8 nance, 2) that the plight of the owner is due to circumstances � unique to their property and not created by the owner, and 3). that the variance if granted will not alter the essential character of the area. Ms. Dacy stated that there is room to the south and east sides of the home to construct the storage structure even though there are a number of trees in the area. She stated that the petitioner's hardship was because of the steep slope, access would become difficult during the winter months to get the equipment in the shed. Councilman Schneider stated that because of the configuration of this particular lot, the shed is l.ocated in the front yard. If it was moved five feet to the north it would be in the rear yard. Councilwoman Jorgenson stated that Council has many times over- turned staff's recommendation for denial of variances. She stated that generally speaking, variances have been granted where there has not been neighborhood opposition. She.stated that the first time this item was before Council, there were several other vari- ances on the agenda where staff recommended denial based on other alternatives, and these variances were granted. Councilwoman Bolkcom pointed out that there was no neighborhood opposition to those variances. �" Councilwoman Jorgenson stated that the problem is that the only time Council generally denies a variance is when there is neighbor- hood opposition, and that can be discriminatory. Councilwoman Bolkcou� felt that it was beyond the issue of neighbor- hood opposition. She thought that there are other areas that the shed could be located. Mr. Herrick stated that the legal criteria for granting or denying the variance was not whether it was opposed or unopposed by the neighborhood. He stated that the variance should be judged on its merits and not whether there is or is not opposition. Councilman Schneider stated that in addressing the variance for the front yard, he believes the unique character of the land applies in this case. He stated that the definition of the front yard is very arbitrary. He stated that he does not have a problem with the front yard variance, as he does not believe this is really a front yard. He stated that in regard to the variance from the bluffline, the Mississippi River is very diverse, and there are factories, waste treatment facilities, gazebos, restaurants, etc. up and down the river. He stated that he has a problem with the idea that a storage shed would destroy the environment. He felt that every homeowner has some reasonable rights to use his property, and he is concerned when bureaucrats are making judgments on what they �� 0 .. .: � � FRIDLEY CITY COIINCIL MEETING OF SEPTEMBER 19, 1994 PAGE 9 feel is best for the river rather than allowing local government to make these decisions. Councilman Schneider stated that what made him reconsider his vote to deny the variance is that denying the variance is beinq arbi- trary and capricious. He stated that it comes down to balancing property rights with the issue of the environment. He stated that the petitioner's proposal minimizes the impact from the true front yard, it is virtually invisible from the public right-of-way, and only potentially visible to one neighbor. Councilman Billings stated that he believed the motion before Council is to deny Variance Request, VAR #94-08, and with that in mind, he moved the fallowing: MOTION by Councilman Billings to call the question. Seconded by Councilwoman Bolkcom. Upon a roll call vote, Councilman Billings and Councilwoman Bolkcom voted in favor of the motion. Councilman Schneider, Mayor Nee, and Councilwoman Jorgenson voted against the motion. Mayor Nee declared the motion failed. Mr. Dean Yorston, 161 Hartman Circle, stated that to request a var- iance whan there are alternatives that would not create a hardship is unreasonable. He stated that he lives on the river. When he wanted to construct a shed, he was told he had to be three feet from the lot line and could not be placed where it would obstruct his neighbor's view of the river. He felt that a variance was not needed, as there are alternatives. Mr. Larry Rom, 169 Hartman Circle, felt the shed was inconsequen- tial, as it -is out of the way. Ms. Connie Lane, 173 Hartman Circle, she stated that she wished to remind Council that they have a responsibility to protect them. She stated that other agencies have been contacted, and Council should listen to those persons and abide by the reguiations that are in place. Mr. John Grundmanis, 185 Hartman Circle, stated that.he is appalled to hear there are some true front yards, and some are not clear what is the front yard. He stated that in this case, it is crystal clear where the front yard is located. He stated that the conaern should not be what is along the river in other places, but to focus on Mr. Dahl's request. He felt it would be against the code to allow him to construct the shed in the front yard. Mr. David Ulrich, 157 Hartman Circle, stated that he has lived at . this address for twenty years and felt that the whole issue has been blown out of proportion. He stated that Mr. Dahl's shed is. well-planned, concealed, and there will be some plantings around �':` it. He stated that Mr. Yorston has a shed that is three feet from � the property li�e, and there are no objections. He also felt that � this whole thing has gotten out of hand. � � FRIDLEY CITY COIINCIL MEETING OF SEPTEMBER 19 1994 PAGE 10 Mr. Mark Knutson, 140 Hartman Circle, stated that the passion this � variance request has incited puzzles him. He stated that the ma- jority of the neighbors simply da not care about it, and they wonder what all this is about. He felt that this was a minor issue, and it is inconceivable it has gotten to this point. Mr. Dahl, the petitioner, submitted a petition from property owners in the Hartman Circle neighborhood and 2Z out of 32 property owners have indicated that they have no objection to this variance. He stated that some people do not want to be involved at all. He stated that only about five or six property owners in the neighbor- hood oppose the variance. He stated that the area of the shed that can be viewed from the north now has three arborvitae in front of it, and in several years it wouid not be visible. He stated that the shed is screened in all directions. Mr. Neal Hayford, 173 Hartman Circle, stated that he has new infor- mation, and he submitted a petition from people all over the metro- politan area regarding this variance. He stated that he has peti- tioned property owners who live on the river• 74 percent do not want the setback interfered with, and 22 percent of the people were not home. Councilwoman Jorgenson stated that Mr. Dahl has submitted a peti- tion indicating that 21 property owners do not object to this variance. She Eelt that there are three issues; property rights, r authority to grant or deny the variance; and fair treatment o� all � citizens. She stated that Council cannot treat one person dif- ferently in regard to a variance without being arbitrary and capricious. MOTION by Councilwoman Jorgenson to receive Petition No. 7-1994 from Mr. Dahl and Petition No. 8-1994 from Mr..Hayford. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MAYOR NEE STATED THE MOTION FOR DENIAL OF THTS VARIANCE HAS BEEN REMOVED FROM THE TABLE AND IS ON THE FLOOR AND CALLED FOR A VOTE ON THIS MOTION. UPON A ROLL CALL VOTE FOR DENIAL OF VARIANCE REQUEST, VAR #94-08, Councilman Billings and Councilwoman Bolkcom voted in favor of the motion. Mayor Nee, Councilman Schneider,and Councilwoman Jorgenson voted against the motion. Mayor Nee declared the motion fai.led. MOTION by Councilwoman Jorgenson to grant Variance Request, VAR #94-08, 177 Hartman Circle, to reduce the setback from the bluff- line from 40 feet to 1.5 feet to ailow construction of an accessory structure in the front yard, with the following stipulationsz (1) the petitioner shall apply for and receive a buiiding permit.; artd (2) the storage structure shall not be located in the drainage easement located along the north lot line. Seconded by Councilman ,s,,::, Schneider. � 0 • i FRIDLEY CITY COQNCIL MEETING OF SEPTEMBER 19, 1994 PAGE 11 MOTION by Councilman Schneider to amend the above motion by adding another stipulation, as follows: (3) appropriate erosion control as approved by City staff, Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Billings to amend the motion and divide the question of the variance requests and vote on them separately. Seconded by Councilwoman Jorgenson. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. �MOTION by Councilman Billings to amend the motion granting that portion of Variance Request, VAR #94-OS, to reduce the bluffline setback from 40 fee� to 1.5 fes* by adci3ng the following additional stipulations: (1) that the shed be no closer than five feet of the property l ine of any adj acent property owner.; ( 2) that the shed be screened with arborvitae on the street side and the side closest to the most adjacent property, as per the site plan by Kurth Surveying, Inc.; {3) that the shed be no taller than eight feet in height; {4) that the shed's smaller dimension be no smaller than 8 feet and the larger dimension be no larger than 15 feet; and (5) that the property owner be made aware af the City ordinance regar- ding.the storage of trailers and snowmobiles in the front yard of their property. Seconded by Councilwoman Jorqenson. Upon a roll call vote, Councilman Billings, Councilwoman Jorgenson, Mayor Nee, and Counciiman Schneider voted in favor o� the motion. Council- woman Bolkcom voted against the motion. Mayor Nee. deciared the motion carried by a 4 to 1 vote. Councilman Billings stated that in viewing this particular request for the variance from the bluffline, Mr. Dahl does have a very steep hill on his property. He stated that his back yard is such that he believes it makes this particular piece of praperty unique. He stated that even though it is one of the largest lots on Hartman Circle, some portions cannot be built on due to the steepness of the grade. He stated that the location of the house, not with- standing the lot itself, provides significant hardship that the bluffline variance is appropriate. Councilwoman Jorgenson stated that the pie shape of the lot and steep grade makes it diffi.cult to relocate the shed in the area where a snawplow or garden tractor with a snowplow could make it up the grade and access the driveway. She felt that this was a hardship. Councilwoman Bolkcom stated that she would disagree because she felt that there is another area where the shed could be located. She stated that it may not be as convenient, but she did not believe it is that much of an uphill inclin�. She stated in thait sense, she did not believe there is a hardship. � � FRIDLEY CITY COIINCIL MEETING OF SEPTEMBER 19 1994 PA6E 12 Councilwoman Bolkcom stated that there are a.lot of agencies that have been involved in this variance. Although they have some ex- pertise she did agree that the City should have the final decision. MOTION by Councilman Billings to amend the second part of Variance �, Request, VAR #94-08, to allow an accessory structure in the front �``yard to include the five stipulations added to the bluff2ine variance. Seconded by Councilwoman Jorgenson. Upan a voice vote, Councilman Billings, Councilwoman Jorgenson, Councilman Schneider, and Mayor Nee voted in favor of the motion. Councilwoman Bolkcom voted against the motion. Mayor Nee declared the motion carried by a 4 to 1 vote. Councilman Schnei,der stated that the questio�i i� if a separate motion is needed for that portion of Variance Request, VAR #94-08, to allow an accessory structure in the front yard. He stated that as he understands Robert's Rules of Order, this is not necessary. Councilman Billings stated that _he supported the motion on the var- iance to the setback from the bl.uffline because he felt the.pro- perty was unique. He stated that on the variance to allow an accessory structure in the front yard, one of the requirements of undue hardship from the state statute is that the plight of the vwner is due to circumstances unique to their property and not created by the owner. He stated that current or prior owners placed the home near the rear of the lot and made the decision that this was more important to them than being allowed to have an accessory building: He felt that the variance in this case was a hardship because of the tremeridously large setback from the road. The hardship was not creat�d by the lot itself, but by the use of the lot between previous and/or current owners and could not support this variance. y�, Mayor Nee stated that, as he understands, the main motion as it now :�`stands is to grant the variance to allow an accessory structure in the front yard with the original two stipulations; the one stipula- tion included in the amendment; and the five ac�ded �tipulations inciuded in the variance to the bluffline. UPON A ROLL CALL VOTE ON THE MAIN MOTION, Mayor Nee, Councilwoman Jorgenson, and Councilman Schneider voted in favor of the motion. Councilman Billings and Councilwoman Bolkcom voted against the motion. Mayor Nee decl.ared the motion carried by a 3 to 2 vote. 3. HARSTAD) (WARD 2�- �MOTION by Councilman Schneider Ordinance No, 1035 and adopt publication. Seconded by Coy�r( to Ci7 ive the second reading of � on second reading and order lwoman Jorgenson.� Upon a voice .� . 0 �� , . T Rec.�pt � 5 y bate��imii: d' � � (o � 30 Doc. �rdsr ,_,_„L_ of � ✓ by: Recordab+litr: �.�w Filiny ieit� , ! �l _ S'U Delqu�_Pint: •�tl ,. ! � � �oCUMENTNO. 1235134.0 ABSTRACT _,. d Corfifi�d Copy � ANOKA COUNTY MINNESOTA ❑ Tax Liens�Relaases I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS FILED IN THIS OFFICE FOR RECORD ON AUG 0 9 9 6 � fv�ulti-Co Doc Tax Pd 4• 3 0 PM — • qT ' A�D WAS DULY RECORDED. [� Transfer O De c. FEES AND TAXES IN THE AMOUNT OF 19 . 5 0 pAID. ❑ Division p GAC 96054958 • Def. RECEIPT N0. ❑ Stafus ` d Spec. EDWARD M. TRESKA ANOKA COUNTY PROPERTY TAX ADMINISTRATOR/RECORDERJRE�ISTRAR OF TITLES BLP � BY ` DEPUTY PROPERTY TAX ADMINISTAATOR/RECORDER/AEGISTRAR Of TI TLES e�