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STATE OF I�IINNESOTA
COONTY OF ANOKA
CIT3f OF FRIDLEY
In the I+tatter oP a variance� VAR ��89-19
Orvill:e and Jeannine Sachs , q,tner
CITY COIINCIL PROCEEDINGS
YABIANCE
The above entitled matter came bePore the City Couneil oP the City of Fridley
and i►as heard on the 12th day oP March , qg 90 � p� a
petition for a variance pursuant to the City of Fridley�s Zoniag Ordinance,
for the folloving described property:
To reduce the side yard setback from 10 feet to 9.1 feet in order to bring
the house int9__�ot�liance w�.th the City CAde, on Lot 8, Block 1, Parkview
Oaks First Addition, the same being 1281 Hathaway Lane N.E.
IT IS ORDERED that a vaxiance be granted as upon the follo�ing eonditions or
reasons:
See City Council meeting minutes of March 12, 1990.
STATE OF MINNESOTA )
COUNTY OF AIJOBA )
CITY OF FRIDLEY )
OFFICE OF THE CITY CLERK
I, Shirley A. Haapala, City Clerk for the City of Fridley With and in for
said City of Fridley, do hereby certify that I have compared the foregoing
eopy and Order granting a varianee With the original record thereof preserved
in �qy oPfice, and have Pound the same to be a eorreet and true transcript of
the xhole thereof.
IN TESTIMONY iiHEREOF, I have hereunto
F dleq, �linnesota, in-�L-- County of
1- � � 9 .
DRAFTED BY:
City of Fridley
6431 Un3versity Avenue N.E.
Fridley, !IlQ 55432
subseribed my hand at he City of
Anoka on the lo � day of
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SHIRLEY A. PAI.A, CIT7f ERK
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Varianees are valid for a period of one year follot�ing approval ar�i�� s���, �a�br� ''
considered void 3f not used within that geriod. "" `''' '''-
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FRIDLEY CITY COONCIL 1REETI1dG OF MARCH 12. 199Q PAaE 3
Mr. Hunt stated the new State law calls for establishinq the nal
budqet between November 15 and December 20. He stated, pr ously,
the budget had to be finalized in October. He stated th amendment
states the budget has to be completed and levies ertified in
accordance with State law.
Councilman Schneider stated it may be approp ate to take out all
language that relates to specific dates.
Mr. Hunt stated the Charter Commission d consider that option and
rejected it because they felt ther taas some indication in the
Charter that the citizens �anted a early review of the budget.
Councilman Schneider stated t reality is the Council does not
know in August what revenues ill be received from the State which
does not make the budget f gures very meaningful.
Mr. Hunt stated it is r�quired that the figures be available to the
City by August ist.� �'
Mayor Nee felt tiha'�t even though this was not the case last year,
this would prob�'$ly change in the future.
<�
No other per ons spoke regarding these proposed changes to the City
Charter.
MOTION y Councilman Fitzpatrick to close the public hearing.
Secon ed by Councilman Bi�llinqs. Upon a voice vote, all voting
aye Mayor Nee declared the motion carried unanimously and the
p lic hearing closed at 7:52 p.m.
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OLD BUSINESS•
2. VARIANCE RE4UEST VAR #89-19. FRONT AND SIDE YARD SETBACK
REOUESTS BY ORVILLE AND JEANNINE SACHS:
Ms. Dacy, Planning Coordinator, stated the last time the City
considered this request was September 18, 1989. She stated the
request consists of three variances to allow the expansion of an
existing garage. She stated the first variance is to reduce the
side yard setback from 10 to 9.1 feet to bring the property into
compliance with the City Code. Ms. Dacy stated two variances are
necessary for the proposed garage expansion. She stated cne
variance is to reduce the front yard setback from 35 to 9.2 feet
and the other variance is to reduce the side yard setback from 5
feet to 1 foot.
Ms. Dacy stated at the September 18, 1989 meeting, the Council
considered a revised request by the petitioner to re-direct the
driveway to the west rather than on Hathaway Lane. She stated the
petitioner indicated when they purchased their home, the survey
they were given was wrong. She stated the Sachses purchased the
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FRIDL$Y CITY COIINCIL MEETINO OF MARCH 1Z. 1990 BAaE 4
home with the thought they could add on to the existinq garaqe.
She stated the Council tabled this request on September 18, 1989,
to allow the petitioner to investiqate the possibility of expandinq
the qarage into the City owned outlot to the east.
Ms. Dacy stated another request was submitted to expand the garage
to three stalls. She etated staff determined that approximately
40 feet of Outlot C would be necessary to accommodate the expansion
of the garage. She stated the petitioner has determined that the
acquisition of additional property is not within their budget plans
and have requested the Council to make a final determination on the
original request for the three variances.
Ms. Dacy stated the Appeals Commi�sion has recommended that the
variance for the side yard setback from 10 feet to 9.1 feet for the
existing encroachment be approved and the other two variances 3�e
denied.
Ms. Dacy stated there is another alternative or compromise that
would not necessitate using 40 feet of Outlot C. She stated the
Sachses could add on to the existing qarage with two stalls which
would require using only 10 feet of Outlot C.
Mrs. Sachs, 1281 Hathaway Lane, stated at the September 18 meetinq,
she felt she was not prepared to make the proper presentation. She
stated she wants to strictly address the variance for the garage
and front of the house.
Mrs. Sachs stated when they purchased this home from the Veterans
Administration, which was a repossession, they asked the location
of the lot and the drawing ehowed 12 feet so they assumed they had
12 feet to the lot line. She stated when they had the lot
surveyed, they found they had only 6-1/2 feet, which did not leave
room to expand the garage.
Mrs. Sachs stated it was felt the only alternative would be to
expand to the front of the home and use the existing single garage
as a family room. She stated they would not have to change the
r-�af � ine . Mrs . Sactas �tated the o�ia�nal _ v���an�e , request
proposed a driveway to the front and the neighbors objected, but
it could be placed to the side. She stated if the qarage were
lowered another foot, it would be on the same level as the first
floor of the home.
Mrs. Sachs stated there is a home at 1333 Hillwind Drive which has
a similar situation and a variance was qranted. She etated she
would like approval for the same thing and pointed out there is an
adj acent home next to this property and no house located to the
side of their home. She stated tYaey could shorten the garage and
install trees and the neighbors would not even see into the yard.
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FRIDLEY CITY COIINCIL 1REETIN� OF MARCB 12, 1990 �tAa
Councilman Schneider asked what was located across the etreet from
the home on Hillwind Drive.
Mrs. Sachs stated it is open land, but they could hide their garage
�aith plantings.
Mayor Nee Btated the home on Hillwind Drive faces the freeway.
Ms. Dacy stated the home on Hillwind Drive was built in 1958 and
the property platted in 1964. She stated the plat did not include
a different roadway easement and in the survey that t�as used, it
appeared there would be a qreater Betback, however, there is 9-1/2
feet from the lot line.
Mayor Nee asked Mrs. Sachs if they would be willing to purchase the
extra land in order for their proposed expansion.
Mrs. Sachs stated this was not their idea. She felt this came from
Mr. Driggins and her Council represen=aised.b SDavetRtan foryabout
$85,000 for their home and had it app Y y
$110,000. She felt they cannot get their money out of the house,
if they cannot expand.
Councilman Schneider asked why they purchased the home with a
single car garage if they desired more qarage space.
Mrs. Sachs stated they thought they had 12 feet to the lot line so
they could expand.
Mayor Nee stated the Sachses could buy the extra land.
Councilman Schneider stated there is a viable option for the
petitioner to accomplish the expansion and not need a variance.
Mrs. Sachs stated they have not been advised to consider the option
of spending any more money. She stated to purchase more land would
put another hardship on them and that is the reason they decided
to proceed with the variance request.
M�. gen E�rerso 5680 Matterhorn Drive, stated his side yard looks
to the Sachses' front yard. He stated he knows this request i�here
about the outlot, but when Darrel Farr platted the property,
were a number of parcels deemed unbuildable and the assessments
were assigned to the property owners. He felt, therefore, he has
some interest in the ultimate disposition of the outlot as he has
paid taxes and maintained it. He stated he �ants personal
notification if the City is thinking about dieposinq of this
outlot.
Mr. Ewere stated he believes the City establishes variances for
good reas ncesnwould nhaveeea sign ficant visuals i pact for f the
the varia
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FRZDLEY CITY COIIPICIL I+�EETINa OF MARCH 12. 1990 PAQE 6
neighbors and did not feel a hardship exists. Mr. EwerB etated if
the property was misrepresented when it was Bold, perhaps legal
action could be taken. He stated in regard to the home on Hillwind
Drive, it is across from the noise barrier of the freeway and it
does not have a deck. Mr. Ewers stated the Sachs' deck would face
into his yard. He stated he cannot say he represents all the
residents on Matterhorn Drive, but thinks they probably would have
the same feelings reqarding the outlot. He felt, however, if a
mistake was made in granting the variance on Hillwind and the
Sachses' variance request is granted on this basis, two t�rongs do
not make a right.
In reference to Mr. Ewers statement, Councilman Schneider asked Mr.
Ewers if he did not receive proper notification.
Mr. Ewers s�ated he seceived notif$cation in th� mail, bu� stated
items sometimes get lost and felt if the City disposes of the
outlot, the residents should receive a verbal notification.
Ms. Jan Driggins, 1280 Hathaway Lane, stated she objected to the
front yard variance. She stated her home is also elevated and they
would have a direct view from their dining room table to where the
garage would be located. She felt a variance of this magnitude
would disturb the aesthetics of the neighborhood.
Mr. Stephen Otto, attorney representing Mrs. Sachs, Btated if the
Sachs are not allowed to improve their property, the City is
creating a hardship.
Councilman Schneider asked what hardship the City is creating, as
the Sachses bought the home and did not bother to have a survey
done.
Mr. Otto stated the City is not allowing them to use the property
that is best suited to their needs.
Councilman Schneider stated this was °rubbish" as the City has Code
requirements.
Mr. .Otto Btated the �achses bough� the progerty wit�i �;�e
understanding they could construct the garage. He stated the
garage they are proposing to construct would be very nice looking
and improve the value of the neigiaborhood and their home.
Mr. Otto stated Mrs. Sachs has shown a similar situation where
property a few blocks away �as allowed to construct a similar
qarage and by not allowing the Sachs to proceed, unless it can be
ehown that the property is very different, would be considered
arbitrary and capricious. He stated the Sachses want to improve
the value of their property and request the variance be granted.
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FRIDLEY CITY COIIHCIL 1dEETII+Ta OF Ml�RCS 12. 1990 PAGE�
Councilman Schneider aeked t�hat unique hardship exists for the
variance to be granted based on the lot.
Mr. Otto etated �hat is unique is the Sachses circumstances. He
stated they bought the home witD� the intent of constructing an
additional qarage. He etated they exercised due diligence on
purchasing the property and relied on the advice of their realtor
and that has created a hardship on them.
Mr. Herrick, City Attorney, stated the general rule of law in
grantinq a variance is that there has to be something unique about
the property that would justify the variance. He etated it has to
be a situation that is not self-induced or one that would not have
been known at the time this property was purchased. He stated
whether this situation exists in this case is for the Council to
decide once the facts are reviewed.
Mrs . Sachs stated the hardship is a si.ngie ga�age �nd they only
have room for one vehicle. She stated parking outdoors in winter
is no fun. She stated they would like a double qarage and thought
they had 12 feet so this could be accomplished. She stated if the
deck roof is a problem, the pitch could be such to match the rest
of the house.
Mayor Nee stated whether or not the City made a mistake on Hillwifld
Drive, does not mean all the criteria for setbacks in the City is
changed.
Councilman Billings questioned if the hardship has to be a hardship
of the property or of the occupant of the property. He asked if
there is a hardship merely because someone wants more space than
what the Code allows.
Mr. Herrick stated this would not be considered a
stated the basic rule is that there is eomething
property and was not self-induced by the owner.
hardship. He
unique to the
Councilman Schneider etated he does not believe there is a
demonstrated hardship as exhibited in the discussions before the
Appeals Commission and City Council.
MOTION by Councilman Schneider to concur with �he� unanimeus
recommendation of the Appeals Commission and deny the portions of
VAR #89-19 to reduce the front yard setback from 35 to 9.2 feet and
reduce the side yard setback from 5 feet to 1 foot. Further, to
approve that portion of the variance to reduce the side yard
setback from 10 to 9.1 feet in order to bring the house into
compliance with the City Code. Seconded by Councilwoman Jorgenson.
IIpon a voice vote, all voting aye, Mayor Nee declare�l the motion
carried unanimously.
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FRIDLEY CITY COQDTCIL I�tEETINa OF MARCH 12. 1990 PAGE 8
Mrs. Sachs asked about her vacation application and if ehe could
receive a refund of the fee.
Ms. Dacy stated Mrs. Sachs applied for the vacation, but it has not
been processed pending the outcome of the variance request.
MOTION by Councilman Billings to direct staff that if Mrs. Sachs
requests withdrawal of the vacation request, within the next two
weeks, that the filinq fee for this vacation be refunded, if staff
has not done any work to process the request. Seconded by
Councilwoman Jorgenson. IIpon a voi�e vote, all votinq aye, Mayor
Nee declared the motion carried unanimously.
NEW BUSINESS•
3. APPROVAL OF CONTRACT FOR CANADA GOOSE CONTROL PROGRAM:
Mr. Jack Rirk, Director of Recreation and Natural Resources, stated
for several years there has been a qrowing concern about e large
number of Canadian geese at Moore Lake beach and park He stated
with the investment the City has made into Mo e Lake for
recreational purposes, it does not seem compatib to allow the
large number of geese. Mr. Kirk stated the Par and Recreation
Commission and the Department of Natural Resour s is recommending
the City enter into a contract for a goose co rol program.
Mr. Kirk introduced Mr. James Cooper, Associate Professor,
Department of Fisheries and Wildlife, Uni ersity of Minnesota, to
explain this program.
Mr. Cooper stated the goose is a nat e species of Minnesota. He
stated in 1972, there were less t n 1,000 in the Twin Cities.
However, the numbers have grown n excess of 20,000 birds. He
stated the Department of Natura Resources has a hunting season.
However, the most effective pr gram for areas like Moore Lake is
relocation to move the g se from Minnesota to Oklahoma,
Mississippi, or Kentucky. stated the adult geese are moved to
other states and the youn geese moved to other outlying areas in
the state of Minnesota.
Mr. �ooper stated Can ian geese go flightless when fche young are
five weeks of age an this is somewhere between the second week of
June and the firs or second week of July. He stated when the
qeese are flight ss, nylon nettia►g is used to drive them into a
trap. He stat they are humanely handled and brought to the
Carlos Avery G e Farm and then transported to other states. He
stated about 0 percent would be reduced the first year; 60 percent
the second ear; and 85 to 90 percent the third year. He stated
it takes t ee years to reach the 90 percent reduction. Mr. Cooper
stated t young geese do not nest for two years. They go to the
north s ore or into Canada. He stated it is necessary to capture
the geese for a number of years in order to catch the breeders.
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FRIDLEY
DATE:
TO:
FROM:
SUBJECT:
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�'LANNING DIVIS��iN
MEMORANDUM
March 15, 1990
William Burns, City Manager
R��'Barbara Dacy, Planning Coordinator
Letters Submitted by Mrs. Sachs
On March 15, 1990, Mrs. Sachs submitted the attached two letters.
The first letter requested reimbursement of the $150.00 application
fee for the easement vacation request and the second letter
contains four questions about possible expansion onto Outlot C.
We will prepare a response to the four questions and forward the
response to your office for review by the City Council. The City
Council should review the response and make any comments or
changes.
It may be that the Sachs' may pursue expansion of their garage onto
outlot C. I will be discussing with her the possibility of holding
onto the $150.00 until they have made a final decision. The Sachs'
will need the easement vacation if they decide to pursue expansion
onto Outlot C.
Should you have any questions regarding this matter, please feel
free to contact me.
BD/dn
M-90-185
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CITYOF
FRIDLEY
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FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY. MN 55432 •(612) 571-3450 • FAX (61?> 571-12R7
CITY COUNCIL
ACTION TAKEN NOTICE
March 14, 1990
Orville and Jeannine Sachs
1281 Hathaway Lane N.E.
Fridley, NIlJ 55432
Dear Mr. and Mrs. Sachs:
On March 12, 1990, the Fridley City Council officially approved
your request for a variance, VAR #89-19, to reduce the side yard
setback from 10 feet to 9.1 feet, to permit an existing
encroachment for the living area for the house, on Lot 8, Block 1,
Parkview Oaks First Addition, generally located at 1281 Hathaway
Lane N.E.
The request to reduce the front yard setback from 35 feet to 9.2
feet and the request to reduce the side yard setback from 5 feet
to 1 foot was denied.
If you have any questions regarding the above action, please call
the Planning Department at 571-3450.
Sincerely,
Barbara Dacy
Planning Coordinator
BD/dn
Please review the City Council action, sign the statement below and
return one copy to the City of Fridley Planning Department by March
28, 1990.
Concur with action taken.
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FRIDLEY CITY COIINCIL MEETING OF MARCH 12. 1990 PAaE 3
Mr. Hunt stated the new State law calls for establishing the final
budget between November 15 and December 20. He stated, previously,
the budget had to be finalized in October. He stated the amendment
states the budget has to be completed and levies certified in
accordance with State law.
Councilman Schneider stated it may be appropriate to take out all
language that relates to specific dates. �
Mr. Hunt stated the Charter Commission did conside hat option and
rejected it because they felt there was some 'ndication in the
Charter that the citizens wanted an early rey'ew of the budget.
Councilman Schneider stated the realit�is the Council does not
know in August what revenues will be r eived from the State which
does not make the budget figures ve meaningful.
Mr. Hunt stated it is required at the figures be available to the
City by August ist.
Mayor Nee felt that eve hough this was not the case last year,
this would probably ch�iige in the future.
No other persons s�ke regarding these proposed changes to the City
Charter. �
MOTION by C ncilman Fitzpatrick to close the public hearing.
Seconded b Councilman Billings. Upon a voice vote, all voting
aye, Ma r Nee declared the motion carried unanimously and the
publi earing closed at 7:52 p.m.
2. VARIANCE REOUEST. VAR #89-19, FRONT AND SIDE YARD SETBACK
RE4UESTS BY ORVILLE AND JEANNINE SACHS:
Ms. Dacy, Planning Coordinator, stated the last time the City
considered this request was September 18, 1989. She stated the
request consists of three variances to allow the expansion of an
existing garage. She stated the first variance is to reduce the
side yard setback from 10 to 9.1 feet to bring the property into
compliance with the City Code. Ms. Dacy stated two variances are
necessary for the proposed garage expansion. She stated one
variance is to reduce the front yard setback from 35 to 9.2 feet
and the other variance is to reduce the side yard setback from 5
feet to 1 foot.
Ms. Dacy stated at the September 18, 1989 meeting, the Council
considered a revised request by the petitioner to re-direct the
driveway to the west rather than on Hathaway Lane. She stated the
petitioner indicated when they purchased their home, the survey
they were given was wrong. She stated the Sachses purchased the
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FRIDLEY CITY COIINCIL MEETINd OF MARCH 12. 1990 PAGE 4_
home with the thought they could add on to the existing garage.
She stated the Council tabled this request on September 18, 1989,
to allow the petitioner to investigate the possibility of expanding
the garage into the City owned outlot to the east.
Ms. Dacy stated another request was submitted to expand the garage
to three stalls. She stated staff determined that approximately
40 feet of Outlot C would be necessary to accommodate the expansion
of the garage. She stated the petitioner has determined that the
acquisitian of additional property is not within their budget plans
and have requested the Council to make a final determination on the
original request for the three variances.
Ms. Dacy stated the Appeals Commission has recommended that the
variance for the side yard setback from 10 feet to 9.1 feet for the
existing encroachment be approved and the other two variances be
denied.
Ms. Dacy stated there is another alternative or compromise that
would not necessitate using 40 feet of Outlot C. She stated the
Sachses could add on to the existing garage with two stalls which
would require using only 10 feet of Outlot C.
Mrs. Sachs, 1281 Hathaway Lane, stated at the September 18 meeting,
she felt she was not prepared to make the proper presentation. She
stated she wants to strictly address the variance for the garage
and front of the house.
Mrs. Sachs stated when they purchased this home from the Veterans
Administration, which was a repossession, they asked the location
of the lot and the drawing showed 12 feet so they assumed they had
12 feet to the lot line. She stated when they had the lot
surveyed, they found they had only 6-1/2 feet, which did not leave
room to expand the garage.
Mrs. Sachs stated it was felt the only alternative would be to
expand to the front of the home and use the existing single garage
as a family room. She stated they would not have to change the
roof line. Mrs. Sachs stated the original variance request
proposed a driveway to the front and the neighbors objected, but
it could be placed to the side. She stated if the garage were
lowered another foot, it would be on the same level as the first
floor of the home.
Mrs. Sachs stated there is a home at 1333 Hillwind Drive which has
a similar situation and a variance was granted. She stated she
would like approval for the same thing and pointed out there is an
adj acent home next to this property and no house located to the
side of their home. She stated they could shorten the garage and
install trees and the neighbors wmuld not even see into the yard.
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FRIDLEY CITY COIINCIL MEETIN(� OF MARCH 12. 1990 __ PAGE 5
Councilman Schneider asked what was located across the street from
the home on Hillwind Drive.
Mrs. Sachs stated it is open land, but they could hide their garage
with plantings.
Mayor Nee stated the home on Hillwind Drive faces the freeway.
Ms. Dacy stated the home on Hillwind Drive was built in 1958 and
the property platted in 1964. She stated the plat did not include
a different roadway easement and in the survey that was used, it
appeared there would be a greater setback, however, there is 9-1/2
feet from the lot line.
Mayor Nee asked Mrs. Sachs if they would be willing to purchase the
extra land in order for their proposed expansion.
Mrs. Sachs stated this was not their idea. She felt this came from
Mr. Driggins and her Council representative. She stated they paid
$85,000 for their home and had it appraised by Dave Ryan for about
$110,000. She felt they cannot get their money out of the house,
if they cannot expand.
Councilman Schneider asked why they purchased the home with a
single car garage if they desired more garage space.
Mrs. Sachs stated they thought they had 12 feet to the lot line so
they could expand.
Mayor Nee stated the Sachses could buy the extra land.
Councilman Schneider stated there is a viable option for the
petitioner to accomplish the expansion and not need a variance.
Mrs. Sachs stated they have not been advised to consider the option
of spending any more money. She stated to purchase more land would
put another hardship on them and that is the reason they decided
to proceed with the variance request.
Mr. Ben Ewers, 5680 Matterhorn Drive, stated his side yard looks
to the Sachses' front yard. He stated he knows this request is not
about the outlot, but when Darrel Farr platted the property, there
were a number of parcels deemed unbuildable and the assessments
were assigned to the property owners. He felt, therefore, he has
some interest in the ultimate disposition of the outlot as he has
paid taxes and maintained it. He stated he wants personal
notification if the City is thinking about disposing of this
outlot.
Mr. Ewers stated he believes the City establishes variances for
good reasons and did not feel this request is reasonable. He felt
the variances would have a significant visual impact for the
o �
i^� /"�
FRIDLEY CITY COIINCIL MEETINQ OF MARCH 12. 1990 PAGE 6
neighbors and did not feel a hardship exists. Mr. Ewers stated if
the property was misrepresented when it was sold, perhaps legal
action could be taken. He stated in regard to the home on Hillwind
Drive, it is across from the noise barrier of the freeway and it
does not have a deck. Mr. Ewers stated the Sachs' deck would face
into his yard. He stated he cannot say he represents all the
residents on Matterhorn Drive, but thinks they probably would have
the same feelings reqarding the outlot. He felt, however, if a
mistake was made in granting the variance on Hillwind and the
Sachses' variance request is granted on this basis, two wrongs do
not make a right.
In reference to Mr. Ewers statement, Councilman Schneider asked Mr.
Ewers if he did not receive proper notification.
Mr. Ewers stated he received notification in the mail, but stated
items sometimes get lost and felt if the City disposes of the
outlot, the residents should receive a verbal notification.
Ms. Jan Driggins, 1280 Hathaway Lane, stated she objected to the
front yard variance. She stated her home is also elevated and they
would have a direct view from their dining room table to where the
garage would be located. She felt a variance of this magnitude
would disturb the aesthetics of tZne neighborhood.
Mr. Stephen Otto, attorney representing Mrs. Sachs, stated if the
Sachs are not allowed to improve their property, the City is
creating a hardship.
Councilman Schneider asked what hardship the City is creating, as
the Sachses bought the home and did not bother to have a survey
done.
Mr. Otto stated the City is not allowing them to use the property
that is best suited to their needs.
Councilman Schneider stated this was "rubbish" as the City has Code
requirements.
Mr. Otto stated the Sachses bought the property with the
understanding they could constru�t the garage. He stated the
garage they are proposing to construct would be very nice looking
and improve the value of the neighborhood and their home.
Mr. Otto stated Mrs. Sachs has shown a similar situation where
property a few blocks away was allowed to construct a similar
garage and by not allowing the Sachs to proceed, unless it can be
shown that the property is very different, would be considered
arbitrary and capricious. He stated the Sachses want to improve
the value of their property and request the variance be granted.
� ^ �
FRIDLEY CITY COIINCIL MEETINa OF MARGH 12. 1990 PAaE 7
Councilman Schneider asked what unique hardship exists for the
variance to be granted based on the lot.
Mr. Otto stated what is unique is the Sachses circumstances. He
stated they bought the home with the intent of constructing an
additional garage. He stated they exercised due diligence on
purchasing the property and relied on the advice of their realtor
and that has created a hardship on them.
Mr. Herrick, City Attorney, stated the general rule of law in
granting a variance is that there has to be something unique about
the property that would justify the variance. He stated it has to
be a situation that is not self-induced or one that would not have
been known at the time this property was purchased. He stated
whether this situation exists in this case is for the Council to
decide once the facts are reviewed.
Mrs. Sachs stated the hardship is a single garage and they only
have room for one vehicle. She stated parking outdoors in winter
is no fun. She stated they would like a double garage and thouqht
they had 12 feet so this could be accomplished. She stated if the
deck roof is a problem, the pitch could be such to match the rest
of the house.
Mayor Nee stated whether or not the City made a mistake on Hillwind
Drive, does not mean all the criteria for setbacks in the City is
changed.
Councilman Billings questioned if the hardship has to be a hardship
of the property or of the occupant of the property. He asked if
there is a hardship merely because someone wants more space than
what the Code allows.
Mr. Herrick stated this would not be considered a hardship. He
stated the basic rule is that there is something unique to the
property and was not self-induced by the owner.
Councilman Schneider stated he does not believe there is a
demonstrated hardship as exhibited in the discussions before the
Appeals Commission and City Council.
MOTION by Councilman Schneider to concur with the unanimous
recommendation of the Appeals Commission and deny the portions of
VAR #89-19 to reduce the front yard setback from 35 to 9.2 feet and
reduce the side yard setback from 5 feet to 1 foot. Further, to
approve that portion of the variance to reduce the side yard
setback from 10 to 9.1 feet in order to bring the house into
compliance with the City Code. Seconded by Councilwoman Jorgenson.
Upon a voice vote, all voting aye, Mayor Nee declared the motion
carried unanimously.
.—� n
FRIDLEY CITY COIINCIL 1dEETINa OF MAYtCH 12. 1990 PAGE 8
Mrs. Sachs asked about her vacation application and if she could
receive a refund of the fee.
Ms. Dacy stated Mrs. Sachs applied for the vacation, but it has not
been processed pending the outcome of the variance request.
MOTION by Councilman Billings to direct staff that if Mrs. Sachs
requests withdrawal of the vacation request, within the next two
weeks, that the filing fee for this vacation be refunded, if staff
has not done any work to process the request. Seconded by
Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously.
NEW BUSINESS•
3. ,APPROVAL OF CONTRACT FOR CANADA GOOSE CONTROL PROGRAM:
Mr. Jack Kirk, Director of Recreation and Natural Resources, stated _
for several years there has been a growing concern about the large�'
number of Canadian geese at Moore Lake beach and park. He stat�d
with the investment the City fias made into Moore Lake�!for
recreational purposes, it does not seem compatible to al �w the
large number of geese. Mr. Kirk stated the Parks and R,e�reation
Commission and the Department of Natural Resources is re�ommending
the City enter into a contract for a goose control pr�gram.
Mr. Kirk introduced Mr. James Cooper, Assoc' te Professor,
Department of Fisheries and Wildlife, Universit of Minnesota, to
explain this program.
Mr. Cooper stated the goose is a
stated in 1972, there were less
However, the numbers have grown
stated the Department of Natural
However, the most effective prog
relocation to move the geese
Mississippi, or Kentucky. He st;�
other states and the young ge�
the state of Minnesota.
native sp ies of Minnesota. He
than 1, 00 in the Twin Cities.
in ex ess of 20,000 birds. He
Res rces has a hunting season.
ra jfor areas like Moore Lake is
from Minnesota to Oklahoma,
�ted the adult geese are moved to
moved to other outlying areas in
Mr. Cooper stated Canadi � geese go flightless when the young are
five weeks of age and t's is somewhere between the second week of
June and the first o second week of July. He stated when the
geese are flightles , nylon netting is used to drive them into a
trap. He stated ey are humanely handled and brought to the
Carlos Avery Gam Farm and then transported to other states. He
stated about 50 ercent would be reduced the first year; 60 percent
the second y r; and 85 to 90 percent the third year. He stated
it takes th e years to reach the 90 percent reduction. Mr. Cooper
stated th young geese do not nest for two years. They go to the
north s re or into Canada. He stated it is necessary to capture
the g se for a nwnber of years in order to catch the breeders.
�
�
cinroF
FRIDLEY
CO� �VIUNI"i'Y DEVEL�
uPMENT
DEPARTMENT
MEMORANDUM
DATE: March 8, 1990 ,
,� ��
TO: William Burns, City Manager��
FROM:
SUBJECT:
Background
Jock Robertson, Community Development Director
Barbara Dacy, Planning Coordinator
Michele McPherson, Planning Assistant
Variance Request, VAR #89-19, Front and Side
Yard Setback Requests by Orville and Jeannine
Sachs
The City Council tabled action on the variance request at 1281
Hathaway Lane N.E. in order for the petitioners to submit a
proposal to use a portion of Outlot C for a garage. On September
26, 1989, Mr. and Mrs. Sachs submitted a letter and garage
expansion plan which would require approximately 40 feet of outlot
C. Under this scenario, the Sachs' would then convert the present
garage into living space for the home.
Since that time, the Sachs' have decided not to pursue this plan
since they would incur additional land acquisition expenses for the
expansion onto Outlot C. Therefore, they have requested that the
City Council act on their variance requests in the front and side
yard setbacks.
Analysis
Attached is the updated staff report for the three variance
requests which are:
1.
2.
3.
To reduce the front yard setbck from 35 feet to 9.2 feet.
To reduce the side yard setback from 5 feet to 1 foot.
To reduce the side yard setback from 10 feet to 9.1 feet, to
permit an existing encroachment for the living area for the
house.
ApAeals Commission Recommendation
The Appeals Commission on September 5, 1989 recommended denial of
the first two variance requests and approval of the third variance
request for the existing encroachment.
�
,
�,
Sachs' Variance Request
March 8, 1990
Page 2
City Council Recommendation
�
Staff recommends that the City Council approve the variance to
reduce the side yard setback from 10 feet to 9.1 feet. Another
alternative does exist for the Sachs � to pursue, which is expansion
of the existing garage as part of a two car garage. This would
only necessitate using approximately ten feet of outlot C.
However, the Sachs' have stated that expanding on the existing
garage would require them to realign the roof of the existing
garage, and they would incur additional expense. Despite the
existence of this option, the Sachs' have requested that the City
Council take action on the original variance requests.
They have also submitted a site plan which locates the driveway to
the west side of the proposed garage expansion rather than directly
in front of it. This would allow additional area for landscaping
in front of the garage.
Staff recommends that the City Council uphold the Appeals
Commission's recommendation based on the following findings:
1. Another alternative exists to expand the garage to the east
without the necessity of a front or side yard variance.
2. Expansion of the proposed garage into the front yard setback
poses a significant intrusion into the setback, which is
reserved to allow for off-street parking areas, preserve open
space, and permit adequate site lines.
Should the City Council approve the variance request, the following
stipulations are recommended:
1. Approval of the vacation request, to vacate the existing six
foot drainage and utility easement along the east lot line.
2. A grading and drainage plan be submitted for approval by City
staff.
3. The addition shall be architecturally compatible with the
existing house.
4. The driveway shall be located on the west side of the proposed
expansion so that landscaping can be installed along the front
of the expanded garage, and to allow for cars parked outside
of the building to be parked on the property and not into the
right-of-way.
BD/dn
M-90-166
2A
�
�
C��OF
FR(DLEY
REQUEST
PERMIT NUMBER
APPLICANT
PROPOSE� REQUEST
LOCATION
SITE DATA
SIZE
DENSRY
�RESENT ZONWG
ADJACENT LAND USES
8� ZONWG
UTLJTES
PARK DEDICATION
ANALYSIS
FlNANCIAL IM�AT�NS
,-a.,
!'1
STAFF REPORT
APPEI�LS DATE : September 5, 1989
PLAJV�NG CON�V�SSION DATE
CITY COI�VCIL DATE September 18, 1989
CONFORMANCE TO
C�APREI-�NE PLAN
COMPATIBILITY WITH
ADJACENT USES & ZONIVG
ENV�ONMENTAL
CONS�ERATIONS
STAFF RECOMMENDATION
APPEALS RECOMMENDAT�N
PLANNWG COMMISSION
RECOMMENOATION
VAR �F�89-19
Orville Sachs
See public hearing notice
1281 Hathaway Lane N.E.
AUTFIOR MM/ dn
Proposed garage addition - 24' x 24'
N/A
R-1, Single Family Dwelling
R-1 to the north, west and south; vacant lot to the east
zoned R-1
N/A
N/A
N/A
Yes
Yes
N/A
Denial
Denial
�
" � �� 2C
Staff Report
VAR #89-19, Orville Sachs
Page 2
A. PUBLIC PURPOSES SERVED BY REQUIREMENT:
Section 205.07.03.D.(1) requires a 35 foot front yard setback.
Public purpose served by this requirement is to preserve open
space, allow adequate sight lines and to allow for off-street
parking areas.
Section 205.07.03.D.(2).(a) requires a 10 foot side yard
setback for a living space from the side property line.
Public purpose served by this requirement is to ensure that
an overcrowded condition does not exist and to preserve access
to the rear yard for emergency vehicles.
Section 205.07.03.B.(2).(b) requires a 5 foot side yard
setback for an attached accessory use to the side property
line.
Public purpose served by this requirement is to ensure
adequate separation between structures to prevent fire
spreading and to provide adequate space to allow emergency
equipment to have access to the rear yard.
B. STATED HARDSHIP:
"We purchased this house in 1988. Our house is six feet from
the property line and has only a single garage. Our realtor
told us it was 12 feet. We cannot expand enough on our
present garage to make a double garage."
C. ADMINISTRATIVE STAFF REVIEW:
Request
Mr. Orville Sachs is requesting three variances which would allow
him to construct a 24' x 24' attached garage in the front yard on
Lot 8, Block 1, Parkview Oaks First Addition, the same being 1281
Hathaway Lane N.E.
Site
The site is a single family lot at the end of Hathaway Lane, which
is a dead-end street. The site has a somewhat rolling topography
with a steep driveway and to the east of the site is a vacant lot
that is currently owned by the City. The petitioner is proposing
to excavate the slope in front of the existing garage to allow for
the construction of the proposed garage.
/"`,
Staff Report
VAR #89-19, Orville Sachs
Page 3
Analysis
,�
2D
The proposed garage would allow for storage of several family owned
cars and would allow the Sachs' to renovate the existing garage and
turn it into additional living space. As proposed, the garage
would encroach into a 6 foot drainage and utility easement. The
Sachs' have applied to vacate this drainage and utility easement.
The proposed garage would also encroach into the front yard in such
a way that there would not be adequate room for off-street parking
for additional cars.
The petitioner has three alternatives to the proposed addition.
The petitioner could expand to the rear of the house, using the
existing garage as a drive-through. However, the dining room and
kitchen for the house is located directly behind the existing
garage, and would have to be relocated.
As was stated earlier, the City owns the vacant Outlot C to the
east of this property. This lot measures approximately 7,993
square feet. The Sachs' do have the option, if the City declares
this lot excess property, of bidding for and potentially buying
this vacant lot. Combined with their lot, this would give them
approximately an additional 40 feet in which to expand their
existing garage. However, the excess property process (about two
months) should occur first. The Sachs' would still have to vacate
the existing drainage and utility easement, and reconvey it farther
east to accommodate the electric, telephone and cable lines that
currently run along the east property line. The Sachs' would also
have to relocate these same utility lines to fall within the newly
conveyed easement.
Their third alternative would be to construct a detached garage in
the northwest corner of their lot and move the driveway to the
western property line. This would allow space for an adequate size
two or three car garage for the Sachs' to store their vehicles and
additional tools, equipment, etc. and would allow them to use their
existing garage as living space. However, due to excessive slopes
and mature trees, staff has determined this is not a viable
alternative.
The living space (dining room) of the existing house currently is
9.1 feet from the property line. Staff recommends that the Appeals
Commission grant the variance to the side yard setback from 10 feet
to 9.1 feet to bring the property into compliance.
However, staff recommends that the petitioner pursue the excess
property process in order to avoid constructing the garage in the
front yard. Approving the variance would allow the front of the
garage to be 9.2 feet from the front lot line. Area for off-street
/�`1
Staff Report
VAR #89-19, Orville Sachs
Page 4
�
2E
(outside of the vehicles in the garage) parking would be
eliminated. Construction of a garage 25 feet into the front yard
setback is a significant encroachment which may establish a
precedent in other cases.
The petitioner has the advantage of being located at the end of the
street; however, given that other alternatives exist, staff
recommends further exploration of the excess property option prior
to final decision by the Appeals Commission. We understand that
the petitioner wants the Appeals Commission to decide on this
matter as they feel it is the most cost effective alternative and
less time consuming. Further, although expanding to the rear may
be more expensive (relocating the dining room), it still remains
as an option for the Appeals Commission and City Council to
consider.
Recommendation
Staff recommends the Appeals Commission deny the variance request
for the front yard setback from 35 feet to 9 feet and reduction of
the side yard from 5 feet to 1 foot. Staff recommends that the
Appeals Commission approve the variance from 10 feet to 9.1 feet
for living space to the side lot line which would bring the house
in compliance with the Code. If the Appeals Commission chooses to
approve the variance as proposed for the attached garage, the
following stipulations should be required:
1. Approval of the variances pending approval of the vacation of
the drainage and utility easement.
2. A grading and drainage plan be submitted for approval by City
staff.
3. The addition shall be architecturally compatible with the
existing house.
Appeals Commission Action
The Appeals Commission voted unanimously to approve the variance
request to reduce the side yard setback from 10 feet to 9.1 feet.
The Commission voted unanimously to deny the variance requests:
1. To reduce the front yard setback from 35 feet to 9.2
feet;
2. To reduce the side yard setback from 5 feet to 1 foot.
Staff Report
VAR #89-19,
Page 5
Staff Update
�"1
Orville Sachs
�
Mr. and Mrs. Sachs have also submitted an alternative site plan
(see site plan "B") which would change the access to the garage
from the south to the west. The garage would still be in the same
location and require the same variances. However, this would allow
landscaping to be placed along the south side of the garage instead
of asphalt. The petitioners created their alternative to respond
to the homeowner's concern of visual impact from across the street.
City Council Recommendation
Staff recommends that the City Council approve the variance to
reduce the side yard setback from 10 feet to 9.1 feet. Another
alternative does exist for the Sachs' to pursue, which is expansion
of the existing garaqe as part of a two car garage. This would
only necessitate using approximately ten feet of Outlot C.
However, the Sachs' have stated that expanding on the existing
garage would require them to realign the roof of the existing
garage, and they would incur additional expense. Despite the
existence of this option, the Sachs' have requested that the City
Council take action on the original variance requests.
They have also submitted a site plan which locates the driveway to
the west side of the proposed garage expansion rather than directly
in front of it. This would allow additional area for landscaping
in front of the garage.
Staff recommends that the City Council uphold the Appeals
Commission's recommendation based on the following findings:
�l. Another alternative exists to expand the garage to the east
without the necessity of a front or side yard variance.
2. Expansion of the proposed garage into the front yard setback
poses a significant intrusion into the setback, which is
reserved to allow for off-street parking areas, preserve open
space, and permit adequate site lines.
Should the City Council approve the variance request, the following
stipulations are recommended:
1.
2.
Approval of the vacation request, to vacate the existing six
foot drainage and utility easement along the east lot line.
A grading and drainage plan be submitted for approval by City
staff.
2F
�. . . � /'� ; �
2G
Staff Report
VAR #89-19, Orville Sachs
Page 6
3. The addition shall be architecturally compatible with the
existing house.
4. The driveway shall be located on the west side of the proposed
expansion so that landscaping can be installed along the front
of the expanded garage, and to allow for cars parked outside
of the building to be parked on the property and not into the
right-of-way.
�
�
cin oF
fRlDLEY
DATE:
TO:
FROM:
SUBJECT:
- PLANNING DIVISION
MEMORANDUM
March 2, 1990
William Burns, City Manager
L: Barbara Dacy, Planninq Coordinator
Sach's Variance Request
On January 25, 1990, I wrote you a memorandum stating that the
Sachs' have requested that their variance be considered by the City
Council on March 12, 1990. As you recall, the Sachs' prefer to
pursue the front yard variance request, since they feel that the
acquisition cost and other costs for expanding the home to the east
on the City's outlot would be too expensive. We will notify the
residents about City Council consideration this weekend. Should
you have any concerns, or if any of the City Council members have
concerns, please contact me.
BD/dn
M-90-151
0
�
;::�.
_
CITYOF
FRIDLEY
�
CIVIC CENTER • 6431 Ur1IVERSTTY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE (612) 571-3450
March 2, 1990
Dear Property Owner:
On September 18, 1989, the City Council tabled consideration of the
front yard and side yard variance requests by Orville and Jeannine
Sachs. The petitioners have requested that the City Council take
final action on the variance requests. The meeting is to be held
at the Fridley Municipal Center in the Council Chambers on Monday,
March 12, 1990 at 7:30 p.m.
Should you have any questions, please feel free to contact me.
5incere,�y�
�� J� �
A �� �jJ �/' A���I ��
{ ; � °, , � ��1� �/ '
'� � arbara Dacy
Planning Coordin tg��
i.
BD/dn
C-90-79
�
�
cinroF
FRIDLEY
DATE:
TO:
FROM:
SUBJECT:
��'LANNING DIVI��'JN
MEMORANDUM
January 25, 1990
William Burns, City Manager
1�Barbara Dacy, Planning Coordinator
Sachs' Variance Request
On January 24, 1990, I advised Mrs. Sachs that the City Council
would not reduce the acquisition costs of Outlot C. She requested
that her variance be scheduled before the City Council at the March
12, 1990 meeting.
Please contact me if you have any questions or comments.
BD/dn
f y�I���il
, 0 n property value. The Sachs' stated they
cannot afford to pay $4,300 and that they could not complete
construction. They have therefore requested that the City Council
consider reducinq the cost of acquiring the property.
whfle Outlot C has some value, and �hile it is no� considered a
buildable lot, its hiqhest and best use is functioninq as part of
the Sachs' property. The alternative for expansion to this home
is to allow a variance into the front yard. This may complicate
future variance applications and was ale�o objecte8 to by neiqhbors
acros� the street !or aesthetic reasons.�,
�
�
cmroF
F���
DATE:
��LANNING DIVI��JN
MEMQRANDUM
January 25, 1990
TO: William Burns, City Manager
FROM: �Barbara Dacy, Planning Coordinator
SUBJECT:
Sachs' Variance Request
On January 24, 1990, I advised Mrs. Sachs that the City Council
would not reduce the acquisition costs of Outlot C. She requested
that her variance be scheduled before the City Council at the March
12, 1990 meeting.
Please contact me if you have any questions or comments.
BD/dn
M-90-50
�
, �
�
� �
,-
�;_ �,
CO1VIMUNlTY DEVELOAMENT
DEPARTMENT
MEMORANDl1M
DATE: January 18, 1990
. %��
TO. William Burns, City Manaqer ��•
FROM: Joc3c Robertson, Community Development Director
Barbara Dacy, Planninq Coordinator
Michele McPherson, Planning Assistant
SUBJECT:
Sachs' Variance Request and City Outlot
The City Council tabled action on the front yard variance request
by Mr. and Mrs. Sachs to construct a qarage to within ten feet of
the front property line in September. The matter was tabled so
that the Sachs' could investiqate the cost and ramifications of
extending the qarage onto the City � s outlot immediately to the east
of their property. The Sachs' have submitted a letter stating that
they are proposing a 36 foot extension for a qarage, which would
dictate that approximately 5,200 square feet of the City's outlot
would be necessary to accommodate the expansion and meet the City
setback requirements.
We reviewed with Mrs. Sachs the required applications and potential
costs with this proposal. The Sachs' have agreed to assume all the
costs for the lot splft, vacation and utility relocation in order
to complete the expansion. This may total approximately $2,500
(excludes cost of buildinq expansion). The City Assessor stated
that the 5, 200 square feet necessary for the expansion would equate
to approximately $4,300 in property value. The Sachs' stated they
cannot afford to pay $4,300 and that they could not complete
construction. They have therefore requested that the City Council
consider reducing the cost of acquiring the property.
While Outlot C has some value, and while it ia no� consfdered a
buildable lot, its hiqhest and best use is functioninq as part of
the Sachs' property. The alternative for expansion to this home
is to allow a variance into the front yard. This ma�p complicate.
future variance applications and was also objected to by neiqhbors`'
acrose the street for aesthetic reason�.,,
, r
_ �
.�
Sachs� Variance
January 18, 1990
Paqe 2
RECOrIlKENDATION
�I
We are reluctant to recommend any reduction in the acquisition
price since the property is not located in a redevelopment district
with specific public purpose objectives. Reducinq the price in
this case may affect other cases.
The Sachs have advised us that they will request the front yard
variance again, should the Council decide to request payment of
$4,300. Their attorney is also reviewinq the front yard variance
file for 1333 Hillwind. The City has approved similar front yard
variance requests as that requested by the Sachs (see attached
list).
BD/dn
M-90-35
�
i
cinr oF
f RIDLEY
DATE:
TO:
FROM:
SIIBJECT:
�LANNING DNIS�N
MEMORANDUM :.
January 18, 1990 �
�hn Flora, Public Works Director
Barbara Dacy, Planning Coordinator
Removal of Dead Birch Tree at 1281 Hathaway Lane
The owner of 1281 Hathaway Lane, Mr. and Mrs. Sachs, have contacted
me regarding the dead birch tree on the City-owned outlot
immediately east of their property. Apparently, the tree is
located immediately adjacent to the power line and, during high
wind periods, debris is falling on their property. Please arrange
to have this tree removed. If,'for some reason, this cannot be
done, please advise me so I can contact the property owners.
BD:ls
/✓ �� �G�
M-90-33
f� j�
�
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G1YOF
FRIDLEY
DATE:
TO:
FROM:
SUBJECT:
C4MMUNt'i'Y DEVELQPMENT
DEPART'�M,ENT'
ME11aORAN DUM
November 30, 1989
William Burns, City Manager
Jock Robertson, Community Development Director
�arbara Dacy, Planning Coordinator
Michele McPherson, Planning Assistant
Sachs' Variance Request and City Outlot
The City Council tal�led action on the front yard variance request
by Mr. and Mrs. Sachs to construct a garage to within ten feet of
the front property line in September. The matter was tabled so
that the Sachs' could investigate the cost and ramifications of
extending the garage onto the City's outlot immediately to the east
of their property. The Sachs' have submitted a letter stating that
they are praposing a 36 foot extension for a garage, which would
dictate that approximately 5,200 square feet of the City's outlot
would be necessary to accommodate the expansion and meet the City
setback requirements.
We reviewed with Mrs. Sachs the required applications and potential
costs with this proposal. The Sachs' have agreed to assume all the
costs for the lot split, vacation and utility relocation in order
to complete the expansion. This may total approximately $2,500
(excludes cost of building expansion). The City Assessor stated
that the 5, 200 square feet necessary for the expansion would equate
to approximately $4,300 in property value. The Sachs' stated they
cannot afford to pay $4,300 and that they could not complete
construction. They have therefore requested that the City Council
consider reducing the cost of acquiring the property.
While Outlot C has some value, and wrhile it is not considered a
buildable lot, its highest and best use is functioning as part of
the Sachs' property. The alternative for expansion to this home
is to allow a variance into the front yard. This may complicate
future variance applications and was also objected to by neighbors
across the street for aesthetic reasons.
RECONIlKENDATION
We recommend that the Sachs' assume all of the cc�sts regarding the
various applications and fees necessary to accomplish the transfer
„ -- �
Sachs' Variance
November 30, 1989
Page 2
�1
of property from the City to the Sachs'. The City Council may want
to consider reducing the cost of the acquisition from $4,300 to a
lesser amount, since the portion of the outlot will become taxable
property (and that portion is essentially used by the 5achs' at
this time as part of their yard). We also believe that if the sale
of the property cannot be successfully negotiated, a front yard
variance request should be denied.
BD/dn
M-89-722
i
�
Virgil C. Herrick
James D. Hoefc
Gregg V. Herrick
�
��ll011011�� � 1V� 1YV' ���iil1V
ATTQRNEYS AT LAW
����� M E M 0 R A N D U M
David P. Newman
T0: Barbara Dacy, Planning Coordinator ,r/;'� �
FROP4: Vi rgi 1 Herri ck, Ci ty Attorney rrr� ��
DATE: November 27, 1989 '
RE: Sachs' Garage Extension
This memorandum is in response to your memorandum of November 22, 1989,
directed to William Burns and myself.
In your memorandum you indicate that Mr. 8 Mrs. Sachs are asking the
City to deed approximately 5200 square feet of Outlot C, Innsbruck North,
to them for purposes of building a detached garage. You asked me whether
the City should deed this property by warranty or quit claim deed. I
am of the opinion that the City should convey the property by a quit
claim deed. If any title opinion is to be done, and should be done
by the Sachs' or their mortgage company. �the legal cost to the City
will be negligible, and I do not feel it would be necessary to charge
the Sachs' for this cost.
I am, however, somewhat concerned about the Sachs' request that the
value of the property, estimated by the City Assessor at $4300.00, should
be reduced by the amount of future tax payments. I am not aware that
the City has ever done this in conveying surplus property to any property
owner. This, of course, is a policy decision to be made by the council,
but might set a precedent for future surplus properties.
VCH:Idb
cc: William Burns
Leon Madsen./
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unroF
Fwn��r
DATE:
TO:
FROM:
SUHJECT:
PLANNING DNI�[ON
MEMOR,AIVDUM
November 22, 1989
William Burns, City Manaqer
Virqil Herrick, City Attorney
,Leon Madsen, City Assessor
�� Barbara Dacy, Planninq Coordinator
Michele McPherson, Planning Assistant
Sachs' Garage Extension
We met with Mrs. Sachs�reqarding the remaining issues that need to
be addressed in order for her to enlarge her garaqe onto City
property (Outlot C, Innsbruck North). Her letter dated September
26, 1989 indicated that they would like to add a 36 foot x 26 foot
three bay qaraqe. The 36 foot lonq dimension is the maximum length
that they need. Addinq the 10 foot required dimension for a side
setback, the new lot line would be approximately 46 feet east into
Outlot C. This approximately matches the width of the Outlot at
its northern most location (see attached map).
We reviewed the vacation, lot split, survey, utility relocation,
and legal costs regarding this applic�tion. The Sachs� indicated
that they are willing to pay for all of these expenses except for
the value of the land quoted by the Assessor, and the legal fees
for closing out the property. Approximately 5,200 square feet of
the Outlot would need to be acquired in order to accommodate the
36 foot long expansion. Accordinq to Leon Madsen, this equates to
approximately $4,300. The Sachs' would like to subtract from the
land value the amount of taxes that would be qenerated over 30
years (the length of their mortqaqe) as well as any legal costs in
closing the property. Mrs. Sachs will be contacting Leon Madsen
reqardinq the value of the proposed qaraqe and its impact on the
taxes. The City Attorney needs to decide whether or not the
property ehould be conveyed by warranty or quit claim deed, and if
done by warranty deed, estfmates should be provided tc :as about the
cost of title opinion and any other leqal fees tc close on the
property .
Once these issues have been resolved,
request will be scheduled for Planninq
by City Council review of the eale o
action on the lot split and vacation.
M-89-710
the lot sF t and vacation
Commissior �;vie�, followed
f excess p: >erty and final
� �
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ci�roF
fRlDLEY
DATE:
TO:
FROM:
sus,7ECT:
PLANNING DIVIStON
MEMOR,ANDUM
November 17, 1989
Barbara Dacy, Planning Coordinator
„sMMi�hele McPherson, Planning Assistant
Potential Costs for Jeannine Sachs
Per your request, � iaave researched the potential costs that could
be incurred by Mrs. Jeannine Sachs as she completes the processes
needed in order to enlarge her garage. Attached is a list of those
costs and associated processes.
MM:ls
M-89-7�J�5
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^
PUBLIC HEARING
BEFORE THE
CITY COUNCIL
^ 10Q
Notice is hereby given that there will be a Public Hearing of the
Fridley City Council at the Fridley Municipal Center, 6431
University Avenue N.E. on Monday, October 2, 1989 at 7:30 p.m. for
the purpose of:
Consideration of the sale of excess public
property legally described as Outlot C,
Innsbruck North Addition, generally located
west of Matterhorn Drive N.E. and north and
east of Hathaway Lane N.E. The lot totals
7,993 square feet in area.
Any and all persons desiring to be heard shall be given an
opportunity at the above stated time and place.
WILLIAM J. NEE
MAYOR
Publish: September 20, 1989 ���%�
September 27, 1989
Any questions related to thi ��G�� �ed to the Fridley
Community Development Depart ��'�� `�"` �C,� _" _ � �
`��/ � /� �
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�
�
1281 Hathaway Lane N.E.
Fridley, Minnesota 55432
September 26, 1989
Ms. Barbara Dacy
Planning Coordinator
City of Fridley
6431 University Avenue N.E.
Fridley, Minnesota 55432
Dear Barbara:
�
Enclosed is our proposed plan for the extension of our garage unto
a portion of the Outlot C which we would need to purchase. In our
original plans for a double garage, we reserved the use of the
present single garage as living space. We would like to keep this
option. However, instead of adding a 24' x 24' garage unto the
outlot, we would like to add a 36' x 26' three bay garage, since
most of the expenses of purchasing this additional land would be
the same, i.e., moving the utility lines, surveying costs, legal
fees, etc.
2L
We do not want to purchase the frontage along Matterhorn Drive. We
do not want to purchase any of the wooded area. This land would be
best suited as a screen between our property and the neighbors along
Matterhorn. Our thinking is that we would need a maximum of 36'
from our present lot line. This would bring our lot line up to the
western edge of the wooded area. This would give us a six foot
utility easement. These plans will depend on the costs involved in
purchasing this property.
We will develop further working plans with our contractor when we
feel Orville's health permits. At this time we know the approximate
size and location of the garage. Also, the location of the driveway
would be to the south (front) or our property.
Thank you for your help to us in this endeavor.
Sincerely yours,—� ^
� GZ.�k�
eannine R. Sachs Orville L. Sachs
Enclosure: 1 �0 ��
�1�C
�
�
CIZYOF
FRIDLEY
�
FRIDLEY MUWCIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 •(612) 571-3450 • FAX (61?) 571-12R7
September 22, 1989
Mr. and Mrs. Orville Sachs
1281 Hathaway Lane N.E.
Fridley, MN 55432
Dear Mr. and Mrs. Sachs:
This is to confirm that the City Council at the September 18, 1989
meeting tabled action on your variance request, as well as
consideration of establishing a public hearing for the sale of
excess property on Outlot C, Innsbruck North Addition. The City
Council indicated that they wanted to pursue the option of selling
a portion of Outlot C to ycu in order that you can expand the
existing garage to the east. The City Council indicated that they
did not want to convey the entire portion of Outlot C. The City
Council wanted to maintain control of that portion of Outlot C
which abuts Matterhorn Drive.
The City Council instructed you to contact staff when you have
prepared a plan for the expansion of the garage onto Outlot C.
When you have submitted that plan to my office, I would like to
review the concept of conveyinq only a portion of Outlot C with the
people that signed the petition protesting the sale of Outlot C.
Once the Matterhorn Drive residents understand that the City wants
to maintain control of the area abutting Matterhorn Drive, they may
withdraw their objection.
Also, as indicated to you on the telephone, a lot split process
would also have to occur to effectuate the conveyance of a portion
of the City's property. When you have submitted your plan, we
should meet to discuss responsibilities for the application fee,
survey drawing, tree removal and relocation of the existing
telephone lines. These issues will also ultimately have to be
approved by the City Council.
Should you have further questions, please feel free to contact me.
Sincerely,
Barbara Dacy
Planning Coordinator
BD/dn
C-89-608
�
�
unroF
F���
DATE:
TO:
FROM:
SUBJECT:
��'LANNING DNIS.ON
MEMQR,ANDUM
September 21, 1989
William Burns, City Manager
Barbara Dacy, Planninq Coordinator
Sachs' Variance Request
We have notified the persons surrounding Outlot C, Innsbruck North
Addition regarding the City Council's action to table consideration
of the sale of excess property. Our public hearing list did
include some of the names on the petition that was submitted to
the City Council on Monday evening. We notified those that were
not on it.
You requested that we research the range of front yard setback
variances that the City has approved. Attached is a list of front
yard setbacks approved since 1986; the City did not make any list
of the types and locations of variances approved until 1986. One
variance in 1986 was granted was to 9 feet.
Once the Sachs' have submitted a plan to utilize a portion of
Outlot C, we will notify the neighboring property owners regarding
their willingness the accept the sale of a portion of Outlot C.
The City Council requested information regarding the front yard
variance at 1333 Hillwind Road. I mis-spoke at the meeting. The
City Council did qrant the variance on August 4, 1986. I have
attached the minutes, as well as a map of this vari�nce request.
Despite this approval, the Sachs' variance request does form a
significant encroachment into the front yard.
BD/dn
M-89-568
�"\
`�
CITYOF
FRlDLEY
�
FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 •(612) 571-3450 • FAX (612) 571-1287
September 19, 1989
Dear Property Owner:
On September 15, 1989 you were sent a public hearing notice
regarding City Council consideration of the sale of excess property
described as Outlot C, Innsbruck North Addition, generally located
west of Matterhorn Drive, and north and east of Hathaway Lane.
This public hearing was set for October 2, 1989 at the Fridley
Municipal Center.
The City Council has tabled
indefinitely. We will notify you
again by the City Council.
S' ere ,
C���-
Barbara Dacy
Planning Coordinator
BD/dn
C-89-603
consideration of this item
when this item will be considered
�
: ' _ �"�
�. �
MOTION by Councilman Fitzpatrick to waive the se ond reading of
Ordinance No. 934 and adopt it on second re dinq and order
publication. Seconded by Councilman Schneider. pon a voice vote,
all votinq aye, 1rlayor Nee declared the motion c rried unanimously.
5.
OF OPERATION•
M
q
MOTION by Councilman Fitzpatrick to w ve the second readinq of
Ordinance No. 935 and adopt it on second reading and order
publication. Seconded by Councilma Schneider. Upon a voice
vote, all voting aye, Mayor Nee eclared the motion carried
unanimously.
NEW BUSINESS•
6.
n
AND
Mayor Nee stated the
Commissions covers the
Environmental Quality/
�sed change to the code regarding the
ructuring of the Enerqy Commission and
ssion.
Councilman Billinqs�tated the other proposed change is to increase
the square footage overaqe in commercial and industrial zones.
MOTION by Counci an Billings to receive these proposed changes
and refer to th staff for review and processinq. Seconded by
Councilman Schn ider. Upon a voice vote, all votinq aye, Mayor Nee
declared the m tion carried unanimously.
7.
�
a��vi,v��o
MOTION b Councilman Schneider to adopt Resolution No. 79-1989.
Seconde by Councilwoman Jorqenson. Upon a voice vote, all voting
aye, Ma or Nee declared the motion carried unanimously.
8. ONSIDERATION OF BIDS AND WARDZNG OF CONTRACTS FOR FILE
FOLDERS TO MID-AMERICA AND FOR LABELS TO WRIGHT-LINE:
M�. Pribyl, Finance Director, stated on August 14, 1989, the
Council received bids for the central file Bystem. He stated no
bidder met the entire specifications, but two bidders met certain
� � � a
�
2AA
FRIDLEY CITY COIINCIL l�$TIlda OF 88RT8KBER 18. 1989 Pl�GE 4
components detailed in the epecifications. rir. Pribyl stated the
epecifications vere written Bo that the City could accept all or
part of any bid. He etated it is, therefore, recommended that the
bid for file folders be awarded to Mid-America for $6,573.81 a
the bid for labels be awarded to Wright-Line for $1,831.00.�
MOTION by Councilman Schneider to award the contra for file
folders to the low bidder, Mid-America, in the amou of $6,573.81.
Seconded by Councilman Billinqs. Upon a voic ote, all voting
aye, Mayor Nee declared the motion carried nimously.
MOTION by Councilman Schneider to Swar he contract for labels to
the low bidder, Wriqht-Line, in the ount of $1,831.00. Seconded
by Councilman Fitzpatrick. Upo a voice vote, all voting aye,
Mayor Nee declared the motion rried unanimously.
9.
f.�
MOTION Councilman Billings to set the public hearing on this
vacat' n request for October 2, 1989. Seconded by Councilman
F' patrick. Upon a voice vote, all voting aye, 1Kayor Nee declared
he motion.carried unanimously.
10. CONSIDERATION OF RECEIVING ITEMS FROM APPEALS COMMISSION
MEETING OF SEPTEMBER 5. 1989:
A. CONSIDERATION OF A VARZANCE REOUEST, VAR �89-19, TO
REDUCE THE REOUIRED SETBACK FROM 35 FEET TO 9.2 FEET: TO
�EDUCE THE REOUIRED SIDE YARD SETBACK FROM 10 FEET TO 9.1
FEET: TO REDUCE THE RE�UIRED SIDE YARD SETBACK FOR AN
ATTACHED ACCESSORY USE F'ROM 5 FEET TO 1 FOOT, TO ALLOW
�iiE CONSTRUCTION OF A DOUBLE CAR GARAGE ON LOT 8. BLOCK
l, PARKVIEW OAKS FIRST ADDITION. THE SAME BEING 1281
HATHAWAY LANE N.E.. BY ORVILLE AND JEANNINE SACHS:
Ms. Dacy, Planning Coordinator, etated this is a request for
variances to allow the construction of a garage at 1281 Hathaway
Lane. She stated the petitioners, ![r. and Mrs. Sachs, purchased
the property from HUD and were .led to believe they had 12 feet
between the qaraqe and lot line. She stated they have since had
the property surveyed and found this is not the case.
Ms. Dacy stated the variance requests are a reduction fn the side
yard setback from 10 to 9.1 feet; a reduction in the eide yard
setback for an attached accessory use from 5 feet to 1 foot; and
a reduction in the front yard setback from 35 to 9.2 feet. She
stated the Appeals Commission recommended approval of the variance
for the existinq encroachment, but recommended denial of the other
,. ..
1
.-
�
�
FRIDLEY CITY CODNCIL I[EETING OF 8$PTEI�ER 18. 1989 PAGE S
two variances to reduce the required
attached accessory use from 5 feet to
front yard setback from 35 to 9.2 feet.
side yard setback for an
1 foot and to reduce the
Ms. Dacy stated it ie recommended the Sachs' pursue the potential
of expandinq their existing home to the east on the City's Outlot
C. She etated staff recommends the Council uphold the
recommendation of the Appeals Commission.
Councilman Schneider asked if there we�e any other variances of
this maqnitude qranted in the City. Ms. Dacy stated that there
were none.
Mrs. Sachs, the petitioner, stated the property at 1333 Hillwind
would be two feet closer to the street than what they are
requesting. �
Ms. Dacy stated a variance was approved for this property and the
request read that it was to reduce the setback from 35 to 28 feet.
She stated, in actuality, the edge of the garage is approximately
26 feet from the curb line. She stated it could not be determined
where that front property line was located and there was no
certificate of survey on file.
Councilman Schneider asked the petitioner if they had considered
expanding to the east if property was available.
Mrs. Sachs stated they have not ruled out this possibility. She
stated her husband was not able to attend the meeting this evening
as he is in the hospital recoverinq from a heart attack. She
stated this option has not been fully discussed. Mrs. Sachs stated
they would like to utilize the land they now have, however, they
may consider other options on purchasing additional land.
Councilman Schneider stated he would be reluctant to grant a front
yard variance of this maqnitude. He stated if the Sachs' were
willing to purchase additional property, they probably would not
need the entire outlot. He asked Mrs. Sachs if she wished the
Council to act on the variance request this evening or if she
wished it tabled.
Mrs. Sachs stated she felt this was for the Council to decide, but
stated their plans were not to beqin immediately to construct the
qarage.
Councilman Billings etated if the City agreed to the sale of a
portion of this outlot, the variance may not be needed. He stated
the Council could delay action and qive the petitioner time to
submit some alternatives.
MOTION by Councilman Schneider to table consideration of this
variance request, VAR #89-19, for three months or until the
petitioner contacts staff. Seconded by Councilwoman Jorgenson.
: :
9
��� ��� � �
+.
FRIDLEY CITY COII1�iCZL 1S8ETINa OF BEPTEMHER 18. 1989 P1�GE 6
Mr. Burns, City Manaqer, asked if staff was required to re-submit
this request to the Council in three months.
Councilman Schneider Btated it did not have to be submitted within
the three months or if the Sachs did not contact etaff.
IIPON A VOICE VOTE TAI�N ON THE ABflVE MOTION, all voted aye, and
Mayor Nee declared the motion carried unanimously.
B. CONSIDERATION OF SETTING A PUBLIC HEARING FOR
OCTOBER 2 1989 FOR THE SALE OF EXCESS PROPER
OUTLOT C INNSBRUCK ORTH ADDITION DJACENT
TO 1281 HATHAWAY LANE N.E.:
Mrs. Sachs stated her husband was concerned how the City would
proceed with a sale of Outlot C and if it woul be on a bidding
basis.
Mr. Herrick, City Attorney, stated bids
cases of buildable sites, the City
requested bids. He stated in this c
buildable site, the property i� usuy�
property owners. /
ar not required, but in
, on some occasions,
e, where it is a non-
ly split with adjacent
Councilman Schneider stated he re izes there are some concerns
with the residents on Matterhorn ive regarding the sale of this
outlot. He stated the Council hould probably not proceed with
setting the public hearing for is potential sale of Outlot C, but
when the petitioner submits a an and if it is appropriate to sell
a portion of this outlot, hearinq could be scheduled at that
time.
Mrs. Sachs asked t�rhat restrictions would be placed on the
construction of the gar ge.
Councilman Schneider tated it would depend on how much property
is acquired.
Councilwoman Jor nson stated these were concerns of neighbors if
the bikeway/wal ay would be retained if a portion of the outlot
is sold.
Councilman S hneider Btated the City is nct desperate to sell this
outlot, bu may consider it to accommodate the Sachs'. He stated
he could ot promise that it �roulei not qo out for bid. He stated
there ma be others interested in purchasinq this outlot in order
to ret n the aesthetics of the neiqhborhood. He stated in any
case, public hearing would be necessary before the property could
be s d.
•R ° ^ �
two variances to reduce the required
attached accessory use from 5 feet to
front yard setback from 35 to 9.2 feet.
side yard se ack for an
1 foot and o reduce the
l�is. Dacy stated it is recommended the Sachs' pu ue the potential
of expanding their existing home to the east o the City's Outlot
C. She stated staff recommends the uncil uphold the
recommendation of the Appeals Commission.
Councilman Schneider asked if there were ny other variances of
this maqnitude granted in the City. Ms Dacy stated that there
were none.
Mrs. Sachs, the petitioner, etated t property at 1333 Hillwind
would be two feet closer to the street than what they are
requesting.
Ms. Dacy stated a variance was ap roved for this property and the
request read that it was to redu e the setback from 35 to 28 feet.
She stated, in actuality, the e ge of the garage is approximately
26 feet from the curb line. S stated it could not be determined
where that front property ne was located and there was no
certificate of survey on fil .
Councilman Schneider asked/the petitioner if they had considered
expanding to the east if �roperty was available.
Mrs. Sachs stated they ave not ruled out this possibility. She
stated her husband was ot able to attend the meeting this evening
as he is in the hosp tal recovering from a heart attack. She
stated this option ha not been fully discussed. Mrs. Sachs stated
they would like to ilize the land they now have, however, they
may consider other ptions on purchasing additional land.
Councilman Schneid r stated he would be reluctant to grant a front
yard variance of this magnitude. He stated if the Sachs' were
willing to pure se additional property, they probably would not
need the entir outlot. He asked Mrs. Sachs if she wished the
Council to ac on the variance request this evening or if she
wished it tab ed.
Mrs. Sachs ated she felt this was for the Council to decide, but
stated the plans were not to beqin immediately to construct the
qarage.
Council n Billings stated if the City agreed to the sale of a
portio of this outlot, the variance may not be needed. He stated
the C ncil could delay action and give the petitioner time to
eubm' some alternatives.
MO ON by Councilman Schneider to table consideration of this
v iance request, VAR #89-19, for three months or until the
titioner contacts staff. Seconded by Councilwoman Jorgenson.
�"�, �"'� ` y .
2Y
1rRIDLSY CITY COII1dCIL �8$TI�T�i OF 8B�T8MBER 18. 1989 P!►GE 6
Mr. Burns, City Kanaqer, asked if staff was required to -nbmit
this request to the Council in three months.
Councilman Schneider stated it did ave to be submitted within
the three months or if the S id not contact etaff.
IIPON A VOICE AI�N ON THE ABOVE MOTION, all voted aye, and
Mayo eclared the motion carried unanimously.
B. CONSIDERATION OF SETTING A PUBLIC HEARING FOR
OCTOBER 2. 1989 FOR THE SALE OF EXCESS PROPERTY,
OUTLOT C, INNSBRUCK NORTH ADDITION. ADJACENT
TO 1281 HATHAWAY I�ANE N.E.:
Mrs. Sachs stated her husband was concerned how the City would
proceed urith a sale of Outlot C and if it would be on a bidding
basis.
Mr. Herrick, City Attorney, stated bids are not required, but in
cases of buildable sites, the City has, on some occasions,
requested bids. He stated in this case, where it is a non-
buildable site, the' property i� usually split with adjacent
property owners.
Councilman Schneider stated he realizes there are some concerns
with the residents on Matterhorn Drive regardinq the sale of this
outlot. He stated the Council should probably not proceed with
setting the public hearinq for this potential sale of Outlot C, but
when the petitioner submits a plan and if it is appropriate to sell
a portion of this outlot, the hearinq could be scheduled at that
time.
Mrs. Sachs asked what restrictions would be placed on the
construction of the qaraqe.
Councilman Schneider stated it would depend on how much property
is acquired.
Councilwoman Jorqenson stated the�e were concerns of neighbors if
the bikeway/walkway would be retained if a portion of the outlot
is sola.
Councilman Schneider stated the City is not desperate to sell this
outlot, but may consider it to accommodate the Sachs'. He stated
he could not promise that it would not qo out for bid. He stated
there may be others interested in purchasing this outlot in order
to retain the aesthetics of the neighborhood. He stated in any
case, a public hearing would be necessary before the property could
be sold.
a ra � \ i� \
2Z
FRIDLEY CITY COQI�TCIL ![EETI1dG OF 88PTB�lIBER 18. 1989 PAGE 7
Mrs. Sachs stated if there is a chance the property would qo out
for bids, she would like to see this item tabled.
MOTION by Councilman Schneider to table this item and instruct
staff to notify affected persons that the public hearing has been
tabled. Seconded by Councilman Billings. Upon a voice vote, all
voting aye, Mayor Nee declared the motion carried unanimously.
MOTION by Councilman Schneider to instruct staff that when the
Sachs contact the City regardinq their qarage construction, staff
should request a plan and work with the petitioner and then prepare
the necessary documentation so that the minimal portion of Outlot
C that would necessary to accommodate the garage construction be
scheduled for a public hearing as excess property. Seconded by
Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously.
Councilman Schneider stated a petition has been submitted in
opposition to the City selling Outlot C and asked that this be
received into the minutes.
MOTION by Councilman Schneider to receive Petition No. 15-1989 in
opposition to the sale of Outlot C, Innsbruck North. Seconded by
Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously.
C. CONSIDERATION OF A VARIANCE REQUEST. VAR #89-20. TO
REDUCE THE SETBACK FOR ALL PARKING AND HARD SURFACE
�OCIETY:
Ms. Dacy, Planning Coordinator, stated Fridley Alano Society
is constructinq a 7,000 square foot bui ing for their assembly or
meeting place for AA activities. S stated they have requested
a variance to reduce the hard Burf e setback from the required 20
feet to 10 feet alonq the servi road.
Ms. Dacy stated the petit er has eubmitted a survey that meets
all the City's code re 'rements as to the parkinq requirements,
but they wish to encro h 10 feet into the 20 foot required setback
in order to increa their parkinq capacity. She stated 6taff
recommended to th ppeals Commission that this variance be denied,
however, the Co ission recommended approval because all the other
properties i the area are built to the ten foot setback or, in
some case , to the front lot line. She stated the Appeals
Commiss' �s recommendation was subject to the petitioner
submi ng a landscape plan for staff approval and a six foot
scr ninq fence to be constructed along the rear property line.
�", �
FRIDLEY CZTY COIIIdCIL �[EBTIliiG Olr BBPTBId88R 18. 1989 PAGE S
Mr. Ken Murphy, representinq the �11ano Society, stated they have
been located in 1Koon Plaza for 22 years. He stated the Fridl
Alano Society Berves between 1,600 to 2,000 persons per week. e
etated they have a new druq proqraffi and have also added a pr ram
for children of alcoholics. He stated they have 502 membe s who
pay dues and all of their financinq comes from re verinq
alcoholics.
Mr. Murphy stated they have always had a problem with arking and
wanted to be sure there was ample parking for anyone ho wished to
attend their meetinqs. He etated he had met with persons
representinq the handicapped and some parking will e lost as they
did not take into consideration the ramps on e vans to lower
t�rheelchairs. He stated, therefore, the handic pped parking will
have to be wider than oriqinally �nticipated.
Mr. Murphy stated the property to the north of their new building
is owned by AA people, but not the Frid ey Alano Society. He
stated there may be the possibility of pu hasing this property at
a future date, if funds are available.
Mayor Nee stated he is impressed wi their success and can see
where the parking is needed.
Mr. Murphy stated if the varianc is qranted, it would give them
about eight more parkinq stalls
Councilman Billings asked i there was any way for the other
properties to conform to th 20 foot setback. He stated he did not
wish to perpetuate a prob em if there is a solution in getting
other businesses to meet is setback in � reasonable time period.
Ms. Dacy stated if �
permits, it would be
at that time. She�
businesses expandi g.
of the businesses applied for building
:ible to obtain compliance with the code
i, however, 6he did not anticipate these
Mr. Murphy stat d they plan to approach the owners of Zantigo's
and try and ob in a lease fcr parkinq on their site.
Ms. Dacy st ed she discussed this matter with the City Attorney
and if the variance is qrar►ted, there would not be an adverse
impact. e stated, however, with any future development to the
north, e Council could proba�ly expect a similar variance
request
lwoman Jorgenson questioned the drainage and if it would
the residential properties to the east.
�. Dacy stated the property would drain to the north and felt this
ssue was addressed in the issuance of the building permit.
1 �
Qty Counci 1 Mer.ibers
Ci ty rlanager
��n�Ild Betzold
�flannin� Comm. �hair
1601 No In�sb�uck Drive N.E.
Fr�.c4ley, T�T 55432
Orville Saci�s
1281 Hathad�ay Iane v.E.
Fridley, r�] 55432
Roger F�gst�cn
5724 Matterhorn Drive
Fridley, :�N 55432
L�arence Hille
5712 Matterhorn Drive
Fridley, NN 55432
Donald Br�mr►er
5700 Matterhorn Drive
Fridley, NN 55432
Doyle Mullin
1233 Hath�aay Iane N.E.
Fridley, MV 55432
xc�ger soa,stegara
1249 HathaQaay Iane N.E.
F`ridley, NN 55432
Janes 'Aolfe
1265 Hath�aay Iane N.E.
Fridley, N�T 55432
�--� t��n�c r�sT
EXCESS PRO�"�1RTY SALE
HATFIAW.4Y° LANE N�..
JQhn l�ii llang
5679 Matterhorn Drive
FYidley, 2T1 55432
Phillip Venner�t.�tz
1232 Fiatha�ray r�-�e r1.�.
Fridley, Md 55432
Dwaine Overby
1248 Hatha�tay Lane N.E.
Fridley, NN 55432
Sttaart 'zhca�pson
1264 Hathaway Lane N.E.
FYidley, rN 55432
:Villiam Drigans
1280 Hathaway Lane N.E.
Fridley, NIl�1 55432
Nbreen Spnmc�naii
5679 Regi.s Trail
�7i.dley, NN 55432
Richard Fr7i n
5699 Regis Trail
�idley, rTd 55432
Les lie Gerclin
5663 Matterhorn Drive
F`ridley, I�+N 55432
�`1
Council 9/15/89
9/19/89
7.btino Grave High School
1350 Garc3ena Avenue N.E.
Fridley, NN 55432
�omas O' Imurke
5695 Matterhorn Drive
Fridley, I�� 55432
Benj amin r'�aers
5680 N�tterhorn Drive
Fridley, '_�N 55432
Rabert Neessen
5666 Matterhorn Drive
Fridley, Nsi 55432
�
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C� I I �F
FRIDLEY
FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 •(612) 571-3450 • FAX (61'_i 571-I'_t+7
September 14, 1989
William Drigans
1280 Hathaway Lane N.E.
Fridley, IrIId 55432
Dear Mr. Drigans:
Thank you for attending the public hearing concerning the variance
request, VAR #89-19, by Orville Sachs which was held at the
September 5, 1989 Appeals Commission meeting. This is to inform
you that the variance will be considered by the City Council at
their September 18, 1989 meeting. You can call the City Offices
on September 18, 1989 to find where this item is on the agenda.
Thank you for your interest in this matter.
Sincerely,
Michele A. McPherson, B.L.A.
Planning Assistant
IrIIrI/dn
C-89-597
/'`� �"1
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C�TYOF
FRIDLEY
FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 •(6121571-3450 • FAX (61_'� �71-I'_�+7
September 14, 1989
Benjamin Ewers
5680 Matterhorn Drive N.E.
Fridley, NIId 55432
Dear Mr. Ewers: �
Thank you for attending the public hearing concerning the variance
request, VAR #89-19, by Orville Sachs which was held at the
September 5, 1989 Appeals Commission meeting. This is to inform
you that the variance will be considered by the City Council at
their September 18, 1989 meeting. You can call the City Offices
on September 18, 1989 to find where this item is on the agenda.
Thank you for your interest in this matter.
Sincerely,
Michele A. McPherson, B.L.A.
Planning Assistant
IrII�+I/dn
C-89-597
�
�
cinroF
F� ��
DATE:
TO:
FROM:
SUBJECT:
C011/tMUNITY DEVELOPMENT
DEPART'MENT
MEMORANDUM
September 13, 1989
William Burns, City Manager
Jock Robertson, Community Development Director
Barbara Dacy, Planning Coordinator
Michele McPherson, Planning Assistant
Public Hearing for Sale of Excess Property,
Outlot C, Innsbruck North Addition
Mr. and Mrs. Orville Sachs, 1281 Hathaway Lane N.E., are applying
for several variances (VAR #89-19) in order to construct an
attached garage. One of the alternatives outlined by staff
included purchasing all or a portion of Outlot C from the City.
Staff recommends that the City Council set a public hearing date
of October 2, 1989 to determine if there are any other property
owners interested in acquiring Outlot C.
NII�!/dn
M-89-558
�
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F���
DATE:
TO:
FROM:
SIIBJECT:
C011MIiUNITY DEVELOt'MENT
DEPARTMENT
MEMORANDUM
September 11, 1989
William Burns, City Manager
Jock Robertson, Community Development Director
Barbara Dacy, Planning Coordinator
Michele McPherson, Planning Assistant
Variance Request, VAR #89-19, by Orville Sachs
The Appeals Commission voted unanimously to recommend approval of
part of the variance request, VAR #89-19. The Commission
recommended approval of the variance to reduce the side yard
setback from 10 feet to 9.1 feet to allow an existing encroachment.
However, the Commission voted unanimously to deny the variances
reducing the front yard setback from 35 feet to 9.2 feet and
reducing the side yard setback for an accessory use from 5 feet to
1 foot to construct an attached two-car garage. The petitioner has
other alternatives, including purchasing all or a portion of the
City-owned Outlot C located to the east of the subject property,
to meet Code.
Staff recommends that the City Council concur with the Appeals
Commission recommendations.
1MIl�t :1 s
M-89-551
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OUTLOT C INMSSRI/CK NORTH
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CITY OF FRIDLEY
i�
1�lPPEALB COMMIBBION M8$TINa, 88PTEMBER 5, 1989
-----------------------------------------------------------------
CALL TO ORDER:
Chairperson Barna called the September 5, 1989, Appeals Commission
meeting to order at 7:45 p.m.
ROLL CALL•
Members Present:
Members Absent:
Alex Barna, Diane Savage, Larry Ruechle
Renneth Vos, Jerry Sherek
Others Present: Barbara Dacy, Planning Coordinator
O�ville and Jeannine Sachs, 1281 Hathaway Lane
James and Beverly Wolfe, 1265 Hathaway Lane
Bill and Janice Drigans, 1280 Hathaway Lane
Kenneth Murphy, Fridley Alano Society
Ben Ewers, 5680 Matterhorn Drive
(See attached roster for names of people
who appeared for variance request, VAR #89-
18 by Wayne Dahl)
APPROVAL OF AUGUST 22. 1989. APPEAIS COMMISSION MINUTES:
O�i TION by Mr. Kuechle, seconded by Ms. Savage, to approve the
August 22, 1989, Appeals Commission minutes as written. ,
IIPON A VOICE VOTE, ALL VOTING AYE, CgAIRPER80N SARNA DECLARED T8E
MOTION CARRIED QNANIMOIISLY.
Mr. Barna stated that item #1, VAR #89-18, b� Wayne Dahl, would be
moved to the end of the agenda.
1. CONSIDERATION OF A VARIANCE. VAR #89-19,BY ORVILLE AND JEANINE
SACHS:
1.
2.
Pursuant to Section 205.07.03.D.(1) of the Fridley City
Code to reduce the required front yard setback from 35
feet to 12 feet;
Pursuant to Section 205.07.03.D.(2).(a) of the Fridley
City Code to reduce the required side yard setback from
10 feet to 9.1 feet;
2R
� � � � �� �
�IPPEALB COIrIIrII88ION MEETINa, 8$PTBMER 5. 1989 PAGE 2
3. Pursuant to Section 205.07.03.D.(2).(b) of the Fridley
City Code to reduce the required side yard Betback for
an attached accessory use from 5 feet to 1 foot,
To allow the construction of a double car garage on Lot 8,
Block 1, Parkview Oaks First Addition, the same being 1281
Hathaway Lane N.E.
MOTION by Ms. Savage, seconded by Mr. Ruechle, to open the public
hearing.
IIPON A VOICE VOTE, ALL VOTING AYE, CSAIRPERSON HARNA DECLARED THE
PIIBLIC HEARIN(3 OPEN AT 7248 P.M.
Ms. Dacy stated the property is zoned R-1, Single Family Dwelling,
and is located at the�end of Hathaway Lane. Outlot C separates the
subject property from Matterhorn Drive.
Ms. Dacy stated the petitioner is requesting three variances in
order to construct a 24 ft. by 24 ft. garage in front of their
existing home.
Ms. Dacy stated staff outlined other options for the petitioner
and the City to consider in lieu of granting this variance since
the variance request represents a significant encroachment into the
front yard. The front yard setback of all the setbacks is
typically held more important in order to maintain adequate space
between the street and a structure, and to provide adequate area
for off-street parking, and to provide a visual site distance for
adjacent properties.
Ms. Dacy stated staff looked at three other options:
1. To build a detached garage at the rear of the lot, and
construct a new driveway along the western part of the lot.
Because of the vegetation and the grade of the lot, this
option was not feasible.
2. To add on to the back of the existing qarage toward the rear
of the lot. Staff understands that the petitioner's dining
room is in back of the garage, and it would mean considerable
more remodeling expense; however, in the eyes of the
ordinance, it is still an option.
3. To utilize the City property to the east. The property
measures approximately 7,993 sq. ft. This is below the square
footage for a buildable lot. The City retained the lot in
order to maintain the deadend turn-around for Hathaway Lane.
Given the property is unbuildable because of lot area and the
slope on the property, staff felt it might be prudent to go
through the sale of excess property process and have the
' � ' y
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2T
APPEALS COMMI88ION MEETIN�3, BLPT$MER 5, 1989 PAGE 3
Council evaluate whether or not to convey a�aortion or all of
the outlot to the Sachs. This process usually entails a two-
month period and a public hearing before the Council before
final determination. The petitioner would be responsible for
relocating electric, telephone, and cable lines that now run
along the eastern property line. If the petitioners were to
receive a portion of Outlot, they would have to relocate those
lines probably toward the east. Mr. McPherson met with an NSP
representative on site last Friday. He was to have an
estimate available for this meeting, but did not do so.
Ms. Dacy stated staff's recommendation on the three variances is
as follows:
1. Approval of the side yard variance from 10 feet to 9.1 feet
for living space area along the side lot line.
2. Denial of the front yard setback from 35 feet to 9 feet and
the side yard setback from 5 feet to 1 foot, based on the fact
that the sale of excess property option is available as well
as the option to expand to the rear.
Ms. Dacy stated if the Appeals Commission recommends approval to
the Council, staff recommends three stipulations:
1. Approval of the variances pending approval of the vacation of
the drainage and utility easement.
2. A grading and drainage plan be submitted for approval by City
staff.
3. The addition shall be architecturally compatible with the
existing house.
Ms. Savage asked if there were some trees on Outlot C that would
have to be cut down in order to construct the garage.
Ms . Jeannine Sachs stated there were three mature Oak trees and one
Cottonwood tree that would have to be cut down in order to provide
access for emergency vehicles such as a fire truck. The trees are
placed in such a way that they would all have to be cut down.
Mr. Orville Sachs stated he is not interested in buying more
property in order to build a garage. It was his understanding that
in order to purchase the property, it would have to qo out for bids
and who knows what the price would be.
Mr. Barna stated he thouqht bids were necessary only on tax forfeit
properties. Since this property has been maintained as an outlot
and has not been tax forfeit, he believed the City can sell the
/�� %� � � a
APPEALB COIrIIrIIBBZON MEBTINa. BEPTEMER 5. 1989 PAaE 4
property directly to an individual. This would have to be
confirmed by legal counsel.
Ms . Sachs stated that she was told by Ms . Dacy that the minimum
value was $5,700 with taxes of $142 a year, unimproved.
Mr. Sachs stated that in addition to that cost would be the moving
of the overhead power lines. It is just too expensive.
Mr. Bill Drigans, 1280 Hathaway Lane, stated they live directly
across from Mr. and Mrs. Sachs. His understanding of the outlot
is that it continues from the back of the Sachs' lot all the way
across Hathaway Lane ad j oining the Ewers' property ( 5680 Matterhorn
Drive). He believed the $5,700 cost �ras for the entire outlot.
Ms. Dacy stated the City Assessor looked at the outlot north of
what they would convey to reserve a right-of-way. If they added
that full extra length, which could be 60-80 feet, the value of
that piece alone is $5,700 and added on to the Sachs' existing
value could result in an increase of $150 a year in taxes. Through
the excess property process, the City Council can determine whether
they want to convey all of the outlot or part of it, depending on
what the Sachs wanted.
Mr. Drigans stated his property has a very steep driveway. In the
wintertime when it is icy, they have literally slid across the
street into the Sachs' driveway. They have taken out mailboxes
across the street, their mailbox, and a hedge.
Mr. Drigans stated when he served on the Appeals Commission and
Planning Commission, they looked very hard at front yard variances,
and he is sure the City still does when there are other options
available. Since there are other options, he is opposed to the
front yard variance. He felt the Sachs should seriously look at
the outlot as a solution.
Mr. Sachs stated their house is a repossessed V.A. house. It was
their understanding at the time that the house was built to Code
with the proper setbacks. When they looked at the possibility of
building a garage after one winter, they had a surveyor survey the
property, and that is when they discovered the house was not built
to Code.
Mr. Sachs stated when they first purchased the house, they had
asked if the outlot was for sale, and they were told by someone at
City Hall that the property was not for sale and that it was
unbuildable piece of property.
Mr. Sachs stated the proposed garaqe is not qoing to be the same
height as the house. It is goinq to be down into the hill, so the
garage will not stick out up in the air. Since there is no one on
c _ � � �1
2�V
1�1PPEALB COlrIIKI68ION MSETINa. BEPTEM$R 5. 1989 PAG$ 5
the other side of them, he did not know why anyone would object to
this proposal.
Ms. Savage asked what the petitioners thought of the options
suggested by staff.
Mr. Sachs stated a couple of the options are really not viable
options. There is also another 5 foot drop on the other side of
the property. In the back yard is another 8 foot drop. So, he
would have to drive uphill out of his back yard. Why would he want
to buy some property that would just increase his taxes? This is
not the first proposal of this type. It has been done in Fridley
before, and it was a for a front yard setback in the middle of a
block.
Ms. Sachs stated about three years ago a front yard variance for
a garage similar to theirs was granted to 1333 Hillwind Road.
Ms. Savage asked Mr. Sachs' response to Mr. Drigans' concern about
sliding across the street into the Sachs' driveway.
Mr. Sachs stated he did not think that was his problem. Mr.
Drigans could correct that problem. If the neighbor slides down
the hill and hits his car, it did not matter whether the car is
parked at the end of the driveway or up by the garage.
Mr. Drigans stated their home is higher than the Sachs' home. From
their kitchen and living room, they look down at the Sachs'
property on a daily basis. His main objection was the front yard
variance. Visually, the qarage will just be too close to the
street.
Ms. Dacy stated the variance referred at 1333 Hillwind was variance
request, VAR #86-18, by Gary and Sharon Parker, to reduce the front
yard setback from 35 feet to 28.5 feet and to reduce the side yard
setback from 5 feet to 1 foot to allow the construction,of an
attached accessory building.
Mr. Sachs stated he was just not interested in purchasing any
additional property. He stated he was trying to improve his
property and correct his problem, and this is the most affordable
option for him.
Mr. Drigans stated the Sachs work hard to maintain their property.
He stated they are also maintaining a considerable portion of the
outlot which is unbuildable. The Sachs are trying to improve their
property, and he did not see why the City could not sell the Sachs
a portion of the property for a small monetary amount. It could
be a trade-off for the Sachs maintaining a portion of the outlot.
It just seemed there are solutions that are not being discussed.
.'.,.,�\ �^ s n ���
,#,PPEALS CO�IBBION 1dEETIIdO. BEPTEMER 5. 1989 PAC�E 6
I
Mr. Barna agreed with Mr. Drigans, but stated this is something
that is definitely up to the City Council to decide.
Mr. James Wolfe, 1265 Hathaway Lane, stated he lives riqht next
door to the Sachs . He stated he has no obj ection to the Sachs
building the garage. He stated no matter where the Sachs build the
garage, there is still going to be the hazard of the neighbor
directly across the street sliding across the street in the
wintertime .
Ms. Jan Drigans stated she can understand that their driveway is
not the Sachs' problem. Her main concern is visual. Coming out
so far from the house toward the curb is going to be a great
inconsistency with the other houses in the neighborhood. The City
has defined the front yard setback as 35 feet, and any
inconsistency in that front yard setback impacts a neighborhood.
MOTION by Ms. Kuechle, seconded by Ms. Savage, to close the public
hearing.
IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPER80N BARNA DECLARED THE
PIIBLIC HEARING CLOBED AT 8:30 P.M.
Ms. Savage stated this is the most difficult front yard variance
they have had to deal with. She assumed the Sachs have a need for
a double car garage. There seems to be a lot of problems with the
options. She thouqht this is a unique lot in that it would be very
difficult to expand in the back yard because of the steep hill.
They are on the end of a lot which does reduce the problem of the
sight line. She is not too concerned about the problem of the
neighbor's driveway, but she is concerned about the neighbors'
difficulty with the visual aspect of the qarage being fairly close
to the street. However, she did think the plans as presented by
the Sachs seemed very nice. She just did not see any solutions to
the problems involved.
Mr. Kuechle stated he liked the desiqn. It would be attractive;
however, he is very concerned about encroaching 23 feet into the
front yard. He is not totally satisfied that the possibility of
building to the side had been completely explored. It would seem
that something could be worked out with the City. The trees are
another problem that is difficult to resolve at this time. Because
there are so many unanswered questions, he would not be in favor
of the variance request. He would suggest the petitioner explore
a little more carefully with the City the possibility of buying
part of the outlot and what the price would be.
Mr. Barna stated he sympathized with the Sachs and the neighbors.
He has been on the Appeals Commission for 12 years and they have
never allowed a front yard setback to this degree under these
circumstances. There really has to be an established hardship
� '- °
�
�
�PPEALB COMMIBBION MEETIHa. 8$PTEMBR 5. 1989 PAG$ 7
where there are no other alternatives. He stated he is not opposed
to the side yard variance, but he is opposed to the front yard
variance.
OM TION by Mr. Ruechle, seconded by Ms. Savage, to recommend to City
Council approval of variance, VAR #89-19, by Orville and Jeanine
Sachs, pursuant to Section 205.07.03.D.(2).(a) of.the Fridley City
Code,to reduce the required side yard setback from 10 feet to 9.1
feet, to allow the construction of a double car garage on Lot 8,
Block 1, Parkview Oaks First Addition, the same being 1281 Hathaway
Lane N.E.
IIPON A VOICE VOTE, ALL VOTINa AYE, CSAIRPERSON BARNA DECLARED THE
MOTION CARRIED UNANIMOIIBLY.
MOTION by Mr. Kuechle, seconded by Ms. Savage, to recommend to City
council denial of variance, VAR #89-19, by Orville and Jeanine
Sachs:
1. Pursuant to Section 205.07.03.D.(1) of the Fridley City
Code to reduce the required front yard setback from 35
feet to 9.2 feet;
2. Pursuant to Section 205.07.03.D.(2).(b) of the Fridley
City Code to reduce the required side yard setback for
an attached accessory use from 5 feet to 1 foot;
To allow the construction of a double car qarage on Lot 8, Block
1, Parkview Oaks First Addition, the same being 1281 Hathaway Lane
N.E., with the recommendation that the petitioner pursue the
possibility of acquiring all or part of Outlot C from the City.
IIPON A VOICE VOTE, ALL VOTINa l�iYE, CSAIRPERSON BARNA DECLARED THE
MOTION CARRIED IINANIMOIIBLY.
2. CONSIDERATION OF A V ANCE RE UEST VAtz tsy-lu tsY r-xi��z
ALANO SOCIETY:
Per Section 205.14.05.D. 5).(a) of the Fridley City Code to
reduce the setback for all arking and hard surface areas from
20 feet from any street r ht-of-way to 9 feet, on Lots 18
through 24, Block 13, Ben ett Palmer Addition, generally
located directly north of the former Zantiqo Restaurant.
OM TION by Ms. Savage, seconded by
hearing.
QPON A VOICE VOTE, ALL VOTING lIYE,
PIIBLIC HEARING OPEN AT 8t45 P.ld.
Ruechle, to open the public
BARNA DECI�ARED THE
Ms. Dacy stated this property is located jus'l� south of 60th Avenue,
east of University Avenue. The University Av�riue Service Road runs
�
.
r-� �-,.� '° - -
l�PPEALB CO1rIIrIIBBION 1�ETING. BEPTBMER 5. 1989 PAG$ 8
along the front of e property. This site, as well as the
adjacent properties, a zoned C-1, General Business District, and
abut R-1, Single Family and R-2, Multiple Dwelling, districts on
the other side of the p perty on 4th Street.
Ms. Dacy stated that when he State made improvements to widen T.H.
47, they acquired the lot in �iyde Park along the west side, and
apparently the Service Roa in front of the subject property was
part of the original Unive ity Avenue right-of-way. All of the
establishments on this block down to 57th Avenue have either: (1)
been using another location f r the right-of-way line as the front
property line, because all th other establishments have a 10 foot
setback rather than the 20 foot setback; or (2) the 20 foot setback
was somehow overlooked or wai ed. Staff found no records of
variances being granted to the o her establishments on this block.
Ms. Dacy stated the petitioner i requesting a 10 foot variance
from 20 feet in order to park 10 feet from the front lot line.
This is consistent with the other stablishments on this block.
Ms. Dacy stated this item was revi wed with the City Attorney.
The attorney's concern was he did no want to be recommending the
City grant variances if there was leg'timate warrant for changing
the ordinance. The noncomformities i this area appear to be an
isolated case and is not a situation to consider changing the
ordinance.
Ms. Dacy stated staff has to recommend� denial of the variance
request on the basis that the petitione does meet the parking
requirement set forth in the Code at the 2 foot setback.
Ms. Dacy stated the Fridley Alano Society ha an option on the lots
to the north for additional parking. T y meet the parking
requirements, but based on their survey of t e existing facility
at Moon Plaza, they feel more comfortable wit additional parking
spaces for the new facility. They want to m ximize the site as
much as possible.
Mr. Barna stated he did remember discussions about a 10 ft.
variance for McDonalds when the drive-through wa put in and for
the Holiday Station quite a few years ago. Zanti o was built at
the 10 ft. setback. Whether there were actual va iances or just
discussions, he was not sure.
Mr. Renneth Murphy stated they have received tremendou cooperation
from the City and will abide by the City's decision.
Mr. Murphy stated the Fridley Alano Society is an A.A. Club with
a normal membership of 502 dues-paying members. They a�so have a
drug program. They have 1,600-2,000 people a week go to eetings.
The new building is 7,000 sq. ft. at a cost of $357,0�0. The
n
PUBLIC HEARING
BEFORE THE
APPEALS COMMISSION
�
Notice is hereby given that the Appeals Commission of the City of
Fridley will conduct a Public Hearing at the Fridley Municipal
Center at 6431 University Avenue N.E. on Tuesday, September 5,
1989, at 7:30 p.m. for the purpose of:
Consideration of a variance request, VAR #89-
19, by Orville and Jeannine Sachs, pursuant to
Section 205.07.03.D.(1) of the Fridley City
Code to reduce the required front yard setback
from 35 feet to 12 feet; pursuant to Section
205.07.03.D.(2).(a) of the Fridley City Code
to reduce the required side yard setback from
10 feet to 9.1 feet; and pursuant to Section
205.07.03.D.(2).(b) of the Fridley City Code
to reduce the required side yard setback for
an attached accessory use from 5 feet to 1
foot;, to allow the construction of a double
car garage on Lot 8, Block 1, Parkview Oaks
First Addition, the same being 1281 Hathaway
Lane N.E., Fridley, MN 55432
Any and all persons desiring to be heard shall be given the
opportunity at the above stated time and place.
jl�T,FX BARNA
CHAIRPERSON
APPEALS COMMISSION
Note: The Appeals Commission will have the final action on this
request unless there are objections from surrounding neighbors, the
City Staff, or the petitioner does not agree with the Commission's
decision. If any of these events occur, the request will continue
to the City Council through the Planning Commission with only a
recommendation from the Appeals Commission.
Any questions related to this item may be referred to the Fridley
Community Development Department, 571-3450.
City Counci 1 Mei*ibers
City Manager
Alex Barna, Chairperson
Appeals Catunission
560 Hugo Street N.E.
Fridley, NN
Orville Sachs
1281 Hatha�ray Lane N.E.
Fridley, N.�T 55432
Roger �.gstrran
5724 Matterhorn Drive
Fric3ley, NN 55432
I�arence Hille
5712 Matterh�m Drive
Fridley, NA�T 55432
Ibnald Br�mner
5700 Matterhorn Drive
Fridley, MV 55432
Doyle Mullin
1233 Ha.thaway Lane N.Ee
Fridley, MV 55432
Roger Sonstegard
1249 Iiathaway Iane N.E.
Fridley, NN 55432
Jam�s '�Io]�e
]265 Hathaway Lane N.E.
Fridley, MN 55432
Mailing Date: �/25/8l
^ N�ILSNG LIST
FOR VAR #89-19 ^�ouncil: 3/2/90
1281 Hathaway Lane N.E.
John A�illang
5679 Mattexhorn Drive
Fridley, r�l 55432
Qhillip Venne�.tz
1232 Fia.tha�aay Lan.e � e�•
Fridley, 1+RJ 55432
Dwa.ine Overby.
124$ Hathacnray Lane N�E.
�'ridley, NN 55432
St�uart �son
1264 Hatii�vay Lane N.E.
Fridley, bZV 55432
:�Tilliaan Drigans
128Q Hathaway Lane N.E.
Fridley, N.�T 55432
Nbreen Spx�mgmari
5679 Regi.s Trai.l
Fridley, A�T 55432
Richard F.c7i n
56�9 Regis Trail
�'ridley, N�1 55432
Leslie Ge�:clin
5663 Matterhorn Drive
Fridley, I�'.�' S5432
'Ibtino Grace High School
1350 Gardena Avenue N.E.
Fridley, N�T 55432
7�omas O' Rourke
5695 Matterhorn Drive
Fridley, 1�J 55432
Eenj amin �aers
56 �0 N�.tterhorn Drive
Fridley, �leT 55432
Robert Neessen
5666 Matterhorn Drive
Fridley, MN 55432
CITY OF FRIDLEY
_6431 UNtVERSITY AVE�E.
FRIDLEY, IIAN 55432
(612) 571-3450
PROPERTY INFORMATION
PROPERTY ADDRESS
%� � / e
�� 4��y
VARI14N �
REQUEST FORM
va�iArrcE � ����
VARI�NCE FEE ��'�� RECEIPT � ���
SCHEDULED APPE9L5 MEETING DATE
LEG9L DESCRIPTION:
,
LOT � BLOCB I TRACT/ADDITION ��'"`�°� Q��N
PRESENT ZONING � - �
YARIANCE RF�OEST(S): Attaeh a plat or survey of the property showing buildin�,
varianee(s), where applicable.
� � ° �, �-Q�-�:�Q�L_ _o-_ a 4- x a �
n
.� �'$ ����.. �� �-� o � — �
Section of the Code:
List specific hardship(s) which require the varianee(s):�� ��-����� �'!
g � . , n. o
-x-,-,,.,� �. �,
� � - ' - — - L�
if*ifi' `i#�i�fii
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•�t�t�f$�e� •faa�a�f�*sf •�fsf �ff�t�ff�f��� c��
FEE OWNER INFORMATION
NAME (please print)� r �➢ , �� Q. �. �- �2 � r n�� h�� J4c.hSPHONE S 7 a- -a �'�/
- i_��� � >�r,
&DDRESS I � � I � Cb.�� c3�.�-� -� . d��'� � �
SIGNATURE l�!1.��.� � �' �1 ��d--
f a � i � a � �°s f � i k' �+ �+ � e + �� i � � � �+ � �' �' � `� e � � f � � ��' � �' � P�a � � �
PETITIONER INFORMATION
•�f�ff
NAME ( please print ) � � -i-.�, PHONE
ADDRESS ---- ----
SIGNATQRE DATE
a�ffs��ff�#afff�t�#ffa+tff��f*�f�f*f�tsfrfff��ffaf�t�s��tfff�ff��sff*�r#f�tf���tfff��f�tff
APPEALS CONIl�IISSION: APPROVED DENIED � DATE �
CITY �OIINCIL: APPROVED DENIED DATE
STIPULATIONS: _
� �
�� n
The petitioner hereby understands that:
1. The City will notify all residents and owners of propertq within 200
feet of said property.
2. This application must be signed by all owners of the property, or an
explanation given why this is not the case.
3. Materaial for submission of a variance include:
* Scaled plan showing proposed property and/or buildings if applicable.
Three full suzed copies and legible 8 1/2" x I1" reduction.
* Scaled preliminary (or final) landscape plan showing location of
existing vegetation to be saved and locations of new plant material.
Species, species name (common or botanical), and condition of root
(i.e. bared, balled and burlapped, etc). Three full size copies and
legible 8 I/2" x 11" reduction.
^ Scaled preliminary (or final) grading and drainage plan showing
existing and propoed contours, detention/retention ponds, drainage
swales, weirs, weir details, and run off quantities. Three full
size copies and legible 8 1/2" x 11" reduction.
� Floor plans, full size and 8 1/2" x 11" reduction.
� Building elevations, full size and 8 1/2" x 11" reduction.
* Perspective shwoing how the proposal potentially looks in the
surrounding area, full size and 8 IJ2" x 11" reduction.
�
_ COMMISSION APPLICATION REVIEW
0
���+ � oa� M�ETWG DATE FILE DESCRIPTION �#s9-i9
��N�F 41 8/17/89 g/5/gg 1281 Hathaway Lane N.E.
fRIDLEY Side yard variances, front yard variana
Orville & Jeannine Sachs - Excess Prop.
COMPLETE REVIEW CHECKLIST AND RETURN TO PLANNING DEPT.
I� =�_1:� =� ��
�—
� p �!/
� ��
COMMENTS
�' /
. � � � i� _ �,
. � � � _
'1 .�''� � ,� � / / � i
.���"'�N F. ,�/����, �v��e ����.��'� x�t��— I� �'•�c-c� �� � �� i
�, �
� DARREL C.
�'-�5
M.
LEON M. �- ��
H. �' • a�
��
� A, g.3o
Variance
VAR #86-01
VAR #86-13
VAR #$6-18
VAR #86-23
VAR #86-27
VAR #86-28
VAR #86-34
VAR #87-06
VAR #87-14
VAR #87-16
VAR #87-28
VAR #87-30
VAR #87-31
VAR #88-04
VAR #88-12
VAR #88-23
VAR #$9-16
VAR #89-19
VAR #89-21
�,
��
Front Yard
Address Setback Reguested
6715 Ashton Ave. 35 ft. - 9 ft.
7100 Riv�rwood Dr. 35 ft. - 17.5 ft.
1333 Hillwind 35 ft. - 28.5 ft.
5201 Pierce St. 35 ft. - 25 ft.
105 - 71 1/2 Way 35 ft. - 25 ft.
5330 - 4th St. 35 ft. - 14 ft.
537 Fairmont St. 35 ft. - 26 ft.
155-195 Satellite 35 ft. - 34 ft.
(apt. buildinq)
5200 Lincoln St. 35 ft. - 25 ft.
565 Cheri Lane 25 ft. - 16 ft.
5660 Arthur St. 35 ft. - 28 ft.
6133 Woody Lane 35 ft. - 25 ft.
7231 East River Rd. 35 ft. - 25 ft.
141 - 76th Ave. 45 ft. - 21 ft.
5201 Pierce St. 35 ft. - 15 ft.
6405 Van Buren St. 35 ft. - 26 ft.
7110 Riverwoad Dr. 35 ft. - 30 ft.
1281 Hathaway Lane 35 ft. - 12 ft.
(Sachs) �
590 Rimball St. 35 ft. - 29 ft.
si�, . �,-����,�-�-,.��,� — T,,-,— ,,_ ��,. - --, —
\
Ap,Droved/Denied
approved - A.C.
approved
approved - C.C.
approved - A.C.
approved - A.C.
approved - A.C.
approved - C.C.
approved - C.C.
approved - A.C.
approved - A.C.
approved - A.C.
approved - A.C.
approved - C.C.
denied - A.C. & C.C.
approved - A.C.
approved - A.C.
approved - A.C. & C.C.
tabled
pending
1.
�
3.
4.
5.
��
Item
Vacate drainage
and utility
easement
Lot split for the
outlot
Survey
Purchase of
5,200 sq. ft. of
the outlot
Moving the over-
head lines:
NSP
Nortel
U.S. West
�
Cost
$150
(paid at time
of variance
application)
$ioo
$100-300
$4,300
$1,500
$100-300, or
could be done
for free.
Would explore
the option of
burying the lines,
in such a case,
no charqe would be
applied.
Process
Public hearing by
both the Planning
Commission and
the Council
Public hearing by
the Planning
Commission
Excess property
hearing by the
Council
Reconvey a utility
easement for
access along the
east property
line.
s �
Item
1. Vacate drainage
and utility
easement
2.
3.
4.
Lot split for the
outlot
Survey
Purchase of
5,200 sq. ft.
the outlot
I �
Potential
Cost
$150 �
(paid at time
of variance
application)
Process
Public hearing by
both the Planning
Commission and
the Council;
ordinance requires
two readings
$100 ' Planning
Commission meeting
and resolution
approved by
City Council
,��
$100-300 �
`'��,
� ',�-��- �.�
$4�, 300 or value/
of �obe
determined by
City Council
5. Moving the over-
head lines:
NSP
Nortel
A
$1, 500 ��� ��'
$100-300, or
could be done
for free.
Should be
completed prior to
Council action/
resolution
Excess property
hearing by the
Council; ordinance
requires two
readings
Reconvey a utility
easement for
access along the
east property
line.
U.S. West Would explore
the option of
burying the lines,
i� such a case, �
no charge would be � �
applied.
6. Warranty or Quit City cost
Claim Deed from
City, including
ti�l.��pi_nion if
� Deed
7.
Record Deed and
easements
.� City can record
documents.
8. Parcel combination File form with
Assessor's office
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LAND SURVEYORS, /NC.
17720 Highway 65 N.E. - Ham Lake, Minnesota 55304
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CERTIFICATE OF SURVEY FOR: Orville Sachs
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CERTIFICATE OF SURVEY FOR: Orville Sachs
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�oe Na 8�- 4 4 sE� z4 r. 34 p. 24
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