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AF-VAR - 45550� `,� �LL ' !'�y � ��` 9�'�� 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 . , � SHIRLEY A. PAI.A, CIT7f ERK ! 4 � � �. � , f � ^� 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. "" `''' '''- ::"��°*,�,° ev• x:�,� �'�':., ♦ ��.b . � ( ~� C ` �r„ �,C'F�Ai.�' . � � d •� ,. � d �.�j .��• k • q� t �1 •py � ��, N�fi��+•f�.�i � •; [ } � �" 0 . , � � � � \ 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�'$ly change in the future. <� No other per ons spoke regarding these proposed changes to the City Charter. MOTION y Councilman Fitzpatrick to close the public hearing. Secon ed by Councilman Bi�llinqs. Upon a voice vote, all voting aye Mayor Nee declared the motion carried unanimously and the p lic hearing closed at 7:52 p.m. � OLD BUSINESS• 2. VARIANCE RE4UEST VAR #89-19. FRONT AND SIDE YARD SETBACK REOUESTS BY ORVILLE AND JEANNINE SACHS: Ms. Dacy, Planning Coordinator, stated the last time the City considered this request was September 18, 1989. She stated the request consists of three variances to allow the expansion of an existing garage. She stated the first variance is to reduce the side yard setback from 10 to 9.1 feet to bring the property into compliance with the City Code. Ms. Dacy stated two variances are necessary for the proposed garage expansion. She stated cne variance is to reduce the front yard setback from 35 to 9.2 feet and the other variance is to reduce the side yard setback from 5 feet to 1 foot. Ms. Dacy stated at the September 18, 1989 meeting, the Council considered a revised request by the petitioner to re-direct the driveway to the west rather than on Hathaway Lane. She stated the petitioner indicated when they purchased their home, the survey they were given was wrong. She stated the Sachses purchased the �� / \ FRIDL$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. � I 1 � � . � � 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 �"-�, .^� • p . 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. , � • �� ` i�1 �� , . . 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. �''�. ,-�, . �' , 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. , �� z��x H N H H C"� ~ C-' C"'� k � � � ��ya lli H � � N � C+r'1 � � �� CZri � ry ° y �'7 RW t�0' �.s:: 6 �i�]a� t` �l O F� � I�� e � �� .� � � . � �,�� n � � � � � � � � � � � ffi�� .q � a �, N V� � �