AF-V - 46176` �- � � .
-.�,
� - -.
�
�
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF FRIDLEY
)
)
)
�
In the Matter of: A Variance, VAR #00-19
Owner: Bruce A. Kath and Julie A. Archer-Kath
0
�
CITY COUNCIL PROCEEDINGS
VARIANCE
The above entitled matter came before the City Council of the City of Fridley and was heard on the 28�' day of
August, 2000, on a petition for a variance pursuant to the City of Fridley's Zoning Ordinance, for the following
described property:
To reduce the required side yard setback for living area from 10 feet to 5 feet to recognize an existing
non-conformity, legally described as Moore Lake Hills City of Fridley that part of Lot 13 Block 3, Moore
Lake Hills lying west of a line extending from southeast corner of Lot 13 to a�art�on north line of lot
distance 60 feet east from northwest corner of said lot subject to easement of record, generally located
at 1352 Hillcrest Drive NE.
IT IS ORDERED that a variance be granted as upon the following conditions or reasons:
Approval with one stipulation. See City Council meeting minutes of August 28, 2000.
STATE OF MINNESOTA
COUNTY OF ANOKA
)
)
CITY OF FRIDLEY )
OFFICE OF THE CITY CLERK
� ' ' � � � /'1 0 �
.� � _
• • , d Rf
I, Debra A. Skogen, City Clerk for the City of Fridley, with and in for said City of Fridley, do hereby certify that I
have compared the foregoing copy and Order granting a variance with the original record thereof preserved in
my office, and have found the same to be a correct and true transcript of the whole thereof.
IN TESTIMONY WHEREOF, I have hereunto sub crib d my hand at the City of Fridley, Minnesota, in the
County of Anoka on the � day of �e�, , 200�.
DRAFTED BY:
City of Fridley
6431 University Avenue N.E.
Fridley, MN 55432
Debra A. Skoge , ity lerk �:-'� ' =.`�� :
;�`�,,���.��"' �„�.�.,.
: �� �` -. � °.
' c�
—`_."�'__`�. - " ..- -.-'-- -`,
� .�r6. a,,,_�, � � -
Z, ,,..::
� �1��:�;
.. ,��v�' .. � '
`� b
� V ,.� ,
., :i,yj4,. _
� 4,
� f���, �
� �:.
Variances are valid for a period of one year following approval and shall be considered void if not used within
that period.
� � r s
, ' ` ' � / \ n ! \
`°� �' F�IDLEY CITY COUN(,,L MEETING MINUTES OF�UGUS� l8, 2000 PAGE 2
UPON A VOICE VOTE, ALL VOTING AYE, MA
MOTION CARRIED UNA1vIMOUSLY. ,
APPROVAL OF NIINUTES:
City Council Meetin o�f August 14, 2000.
APPROVED.
OLD BUSINESS:
1. ORDINAN
FRIDLEY.
Mr. Burns, City Manager,
amend the City Code by �
property from M-1, Light "v
north side of the mobile ho�
owners of the mobile home
this rezoning at their Augu�
ADOPTED ORDIN
STIPULATIONS:
DONE IN ACCO
REQUIREMENTS
CONIFEROUS S E
STORAGE A
PROPERTY S AL
PROPERTY.
NEW BUSINESS:
JORGENSON DECLARED THE
F
tate that this was the second reading of an ordinance to
' g a change in zoning districts. This is a rezoning of
l trial, to R-4, Multifamily. The property is located on the
park and east of Baker Street. It has been purchased by the
ark for use as a tot lot. Council approved the first reading of
14 meeting. Staff recommended approval.
CE NO. 1143 WITH THE FOLLOWING THREE
LANDSCAPING ON PLAYGROUND AREA SHALL BE
ANCE TO A REVISED PLAN, MEETING CODE
AND PROVIDING A MIX OF HARDWARD AND
CIES, 2) CODE REQUIRED PAVING AND CURBING OF
SHALL BE COMPLETED BY JULY 1, 2001; AND 3)
L BE COMBINED WITH FEE OWNERS ADJOINING
2. VARIANCE REOUEST, VAR #00-19, BY BRUCE A. KATH AND JULIE
A�CI',t�R-�T�I, 'I'O �DiJC� �'� �Q��D SdDE �I�D SETBACK �OR
LIVING AREA FROM 10 FEET TO 5 FEET TO RECOG1vIZE AN EXISTING
NON-CONFORMITY, GENERALLY LOCATED AT 1352�HILLCREST DRIVE
N.E. (WARD 2:
Mr. Burns, City Manager, stated that this was consideration of a motion to approve a
variance request by Bruce A. Kath and Julie Archer Kath to reduce the required side yard
setback at 1352 Hillcrest Drive from 10 feet to 5 feet. The variance legitimizes a
screened in porch that was added to the side of this residence in 198�. The Appeals
Commission gave their unanimous consent to the variance at their August 19 meeting.
Staff recommended Council's approval.
APPROVED VARIANCE REQUEST, VAR #00-19 WITH THE STIPULATION
THAT THE PETITONER SHALL OBTAIN ALL NECESSARY PERMITS PRIOR
TO CONSTRUCTION.
,"�
,
�
. , _,
, . � , a
THE NIINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL
OF AUGUST 28, 2000 �
The Regular Meeting of the Fridley City Council was called to order by M or Jorgenson at
7:30 p.m.
PLEDGE OF ALLEGIANCE: ,
Mayor Jorgenson led the Council and audience in the Pledge of egiance to the Flag.
PRESENTATION
National Night Out Videota.pe
Mr. L�avid Sallman, Public, Safety Director, stated ' at on August 1 the department had a great
time celebrating National Night Out. In the last ' e yeazs, Fridley has placed in the top ten
nationally and hopefully will again this year. 's yeaz we had the most participation we have
ever had in Fridley with over 82 block partie and over 4,000 citizens participating. T'hat does
not include six additional block parties held different nights. Among the participants were the
City Council, and the Police and Fire dep ents. The Spring Lake Park Senior High members
of the Leo Club distributed donated b ks to children. Bob's produce delivered a case of
peaches to each of the block parties. T royalty of Fridley `49er Days rode with the firefighters.
vls. Rosie Griep, former Public Saf Projects Coordinator, also participated. Mr. Sallman
thanked everyone for participating d said he is looking forward to next year.
ROLL CALL:
MEMBERS PRESENT:
MEMBERS ABSENT:
Please be re
opinions reg
representativ
proceedings.
exercised by
conduct. Th
respect whi
standard 1
these
�Glayor Jorgenson, Councilmember Barnette, Councilmember
Wolfe, and Councilmember Bolkcom
Councilmember Billings
minde that those present at today's meeting mav hold a variety of views and
ardin the business to be conducted. The exercise of democracy through
e lo govemment requires that ALL points of view be accommodated at these
I is further expected that a standard of mutual courtesy and respectfulness be
1 in attendance, through our individual expression, manner of speaking, and
refore, please receive the views of others with the same degree of courtesy and
you desire to be given your views and opinions. Any departures from this
1 be addressed by the Presiding Officer through whatever means are deemed
Thank you for your attendance at today's meeting, and your agreement to abide by
is of personal conduct.
by Councilmember Barnette to approve the proposed consent agenda. Seconded by
;mber Bolkcom.
�
TORRENS ,,.�
� �
Receipt # 7 � r ,q,5o ❑ cert�re� .,�py
Date Mailed
B`�te'/Ti�� ��oo / �, ;� ❑ Tax Liens / Releases
Doc. Order � of � ❑ Multi-Co Doc Ta�c Pd
✓ by: Recordability: ❑ Transfer ❑ New Desc.
Filing Fees: �`"1 • ❑ Division ❑ GAC
Well Cert'rficate � �atus ❑ Def. Spec
Received this Date: ❑ Other �No Change
Refund Rec't # Notes:
From # of Comp.
Cert. #� 3 New Certs.: � Entry
Tract Comp.
Typed Updated: / Complete
BK � � PG � a NO � Q 3 3
3��t333.� T(3RF���1�
F4�iDlEY CI71i OF
Val�i�I� E�IC�SOiU
fi431 U�,II1IEFiSI TY AVE t+1�
IFi�ID��Yr IHi+1 ���i32
��'1
� , _
Y - �1 e �
DOCUMENT N0. 3 5 9 8 3 3. 0 TORRENS
ANOKA COUNTY MINNESOTA
I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS FlLED IN THIS OFFICE
FOR RECORD ON SEP 2 5 2 0 0 0
qT 5: O O PM AND WAS DULY RECORDED.
FEES AND TAXES IN THE AMOUNT OF $19 . 5 O pplD.
RECEIPTNO. 2000077251
EDWARD M. TRESKA
ANOKA COUMY PROPER7Y TlaX ADMIN/STRATOR/RfCORDER/REG/STRAR OF TITLES
GKE
ev
DEPUIYPROPER7YTAX ADMINISTRATOR/RECORDER/REGISTRAR OF TITLES
_
_
CIiYOF
FRtDLEY
FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 •(612) 571-3450 • FAX (612) 571-1287
CITY COUNCIL
ACTION TAKEN NOTICE
September 7, 2000
Bruce Kath 8� Julie Archer-Kath
1352 Hillcrest Drive .
Fridley, MN 55432
Dear Mr. and Mrs. Kath:
On August 28, 2000, the Fridley City Council officially approved your request for a variance,
VAR #00-19, to reduce the side yard setback for living area from 10 feet to 5 feet to recognize
an existing nonconformity on Lot 13, Block 3, Moore Lake Hills, generally located at 1352
Hillcrest Drive, with the following stipulation:
1. The petitioner shall obtain the necessary building permits prior to construction.
You have one year from the date of the City Council action to initiate construction. If you
cannot begin construction during this time, you must submit a letter requesting an extension at
least three weeks prior to the expiration date.
If you have any questions regarding the above action, please call me at 572-3599.
Please review the above action, sign below, and return the original to the City of Fridley
Planning Department by September 21, 2000.
SH:Is
Concur with action taken
' FRIDLEY CITY COUNCIL MEETING MINUTES OF AUGUST 28, 2000 PAGE 2
UPON A VOICE VOTE, ALL �
MOTION CARRIED UNAI�TIM
APPROVAL OF MINUTES:
APPROVED.
OLD BUSINESS:
1.
!1
Y.
AYE, MAYOR JORGENSON DECLARED TI3E
I:�
Mr. Burns, City Manager, stated that s was the second reading of an ordinance to
amend the City Code by making a chan e in zoning districts. This is a rezoning of
properry from M-1, Light industrial, to R Multifamily. The property is located on the
north side of the mobile home pazk and east f Baker Street. It has been purchased by the
owners of the mobile home pazk for use as a ot lot. Council approved the first reading of
this rezoning at their August 14 meeting. St recommended approval.
ADOPTED ORDINANCE 1�10. 1143 �
STIPULATIONS: 1) LANDSCAPING 01
DONE IN ACCORDANCE TO A R
REQUIREMENTS AND PROVIDING
CONIFEROUS SPECIES, 2) CODE REQ
STORAGE AREA SHALL BE COMPL
PROPERTY SHALL BE COMBINED
PROPERTY.
NEW BUSINESS:
TH THE FOLLOWING THREE
PLAYGROUND AREA SHALL BE
�ISED PLAN, MEETING CODE
MIX OF HARDWAItD AND
D PAVING AND CURBING OF
T D BY JULY 1, 2001; AND 3)
I F'EE OWNERS ADJOINING
2. VARIANCE REQUEST, VAR #00-19, BY BRUCE A. KATH AND JULIE
ARCHER-KATH, TO REDUCE THE REQUIRED SIDE YARD SETBACK FOR
LIVING AREA FROM 10 FEET TO 5 FEET TO RECOGNIZE AN EXISTING
NON-CONFORMITY, GENERALLY LOCATED AT 1352B HILLCREST DRIVE
N.E. (WARD 2:
Mr. Burns, City Manager, stated that this was consideration of a motion to approve a
variance request by Bruce A. Kath and Julie Archer Kath to reduce the required side yazd
setback at 1352 Hillcrest Drive from 10 feet to 5 feet. The variance legitimizes a
screened in porch that was added to the side of this residence in 1985. The Appeals
Commission gave their unanimous consent to the variance at their August 19 meeting.
Staff recommended Council's approval.
APPROVED VARIANCE REQUEST, VAR #00-19 WITH THE STIPULATION
THAT THE PETITONER SHALL OBTAIN ALL NECESSARY PERMITS PRIOR
TO CONSTRUCTION.
THE MINUTES OF 7
OF AUGUST 28, 2000
The Regulaz Meeting of the Fridley City
7:30 p.m.
PLEDGE OF ALLEGIANCE:
was called to order by Mayor Jorgenson at
Mayor Jorgenson led the Council and audience � the Pledge of Allegiance to the Flag.
PRESENTATION
National Ni�ht Out Videotape
Mr. David Sallman, Public Safety Director, stated at on August 1 the department had a great
time celebrating National Night Out. In the last ' e yeazs, Fridley has placed in the top ten
nationally and hopefully will again this year. This y we had the most participation we have
ever had in Fridley with over 82 block parties and ov 4,000 citizens participating. T'hat does
not include six additional block parties held on different 'ghts. Among the participants were the
City Council, and the Police and Fire departments. The pring Lake Park Senior High members
of the Leo Club distributed donated books to children Bob's produce delivered a case of
peaches to each of the block parties. The royalty of Fridle `49er Days rode with the firefighters.
Ms. Rosie Griep, former Public Safety Projects Coordin or, also participated. Mr. Sallman
thanked everyone for participating and said he is looking fo azd to next year.
ROLL CALL:
MEMBERS PRESENT:
MEMBERS ABSENT:
Mayor Jorgenson, Counci
Wolfe, and Councilmember ]
Councilmember Billings
STATEMENT OF MEETING CONDUCT:
Barnette, Councilmember
Please be reminded that those present at today's meeting may ho a variety of views and
opinions regarding the business to be conducted. The exercis of democracy through
representative local govemment requires that ALL points of view b accommodated at these
proceedings. It is further expected that a standard of mutual courtes and respectfulness be
exercised by all in attendance, through our individual expression, m er of speaking, and
conduct. Therefore, please receive the views of others with the same gree of courtesy and
respect which you desire to be given your views and opiriions. Any departures from this
standard will be addressed by the Presiding Officer through whatever means are deemed
appropriate. Thank you for your attendance at today's meeting, and your a eement to abide by
these standards of personal conduct.
APPROVAL OF PROPOSED CONSENT AGENDA:
MOTION by Councilmember Barnette to approve the proposed consent agend� Seconded by
Councilmember Bolkcom. �
City of Fridley Land Use Application
VAR #00-19 August 9, 2000
GENERAL INFORMATION SPECIAL INFORMATION
Applicant:
Bruce A. Kath & Julie Archer-Ka.th
1352 Hillcrest Drive
Fridley, MN 55432
Requested Action:
Variance to reduce sideyard setback to allow the
reconstruction of an open deck.
Existing Zoni.ng:
R-1 (Single Family Residenrial)
Location:
1352 Hillcrest Drive
Size:
14,020 sq. ft. .32 acres
Existing Land Use:
Single family home.
Surrounding Land Use & Zoning:
N: Single Family & R-1
E: Single Family & R-1
S: Single Family & R-1
W: Single Family & R-1
Comprehensive Plan Conformance:
Consistent with Plan
Zoning Ordinance Conformance:
Sec. 205.07.03.D.(2).(a) requires a side
yard setback of 10'.
Zoning History:
1947 - Lot is platted.
1967 - Home is built.
1983 — Deck is built.
1985 — Deck is screened in.
Legal Description of Property:
Part of Lot 13, Blk 3, Moore Lake Hills
Public Utilities:
Home is connected.
Transportation:
Hillcrest provides access to site.
Physical Characteristics:
Typical suburban landscaping.
SUMMARY OF PROJECT
Petitioner is seeking to reduce the required
sideyard setback, for an enclosed porch, from
10' to 5' to recognize an existing non-
conformity. The enclosed deck has existed
since 1985 and provides stair access down the
steep grade into the rear yard.
SUMMARY OF HARDSHIP
"We had to do something because of the water
collecting around the foundation of our house
and the flooding that would occur during heavy
�ainfall... We then rocked the side of the
house....in 1983..we decided to build a wood
patio. .. We also built wood steps going down the
hill to the back yaYd. This allowed us to walk
on the east side of the house without wo�ying
about slipping or pushing rock into the back
yard...In 1985...we decided to screen in the
patio. " — BYUCe Kath
SUMMARY OF ANALYSIS
City Staff has no recommendation, as sinzilar
va�iances have been granted in the past.
Similar variance granted:
VAR #98-05 150 Talmadge Way
Sideyard setback reduced to 4.4'.
CITY COUNCIL ACTION/ 60 DAY DATE
CC-8/28/00
60 Day-9/12/00
Staff Report Prepared by: Paul Bolin
VAR #00-19
REQUEST
Petitioner is seeking to reduce the required sideyard setback, for an enclosed porch, from 10' to
5' to recognize an existing non-conformity. The enclosed deck has existed since 1985 and
provides stair access down the steep grade into the rear yard.
SUMMARY OF HARDSHIP
"We had to do something because of the water collecting around the foundation of ouY house
and the flooding that would occuY during heavy rainfall... We then rocked the side of the
house....in 1983..we decided to build a wood patio. .. YYe also built wood steps going down the
hill to the back yard. This allowed us to walk on the east side of the house without wonying
about slipping or pushing rock into the back yard...In 1985... we decided to screen in the patio. "
— B�uce Kath
Full hardship statement attached.
ANALYSIS
The property is located on Hillcrest Drive. The lot is somewhat inegularly shaped, with the home
being "squared up" to and fronting on Hillcrest Drive. The lot is a"walk-out" with a severe
slope on the east (screen porch) side of the home. The existing home was built in 1967. The
covered screen porch was constructed in 1985. The City building sta.ffha.s examined the screen
porch and deternuned it to �
�
RECONIlVIENDATIONS
City Staff has no recommendation, as similar vat�iances have been granted in the past.
Similar variance granted:
VAR #98-05 150 Talmad.ge Way
Sideyard setback reduced to 4.4'.
STIPULATIONS
Staff recommends that if the variance is granted, the following stipulations be atta.ched.
1. Petitioner shall obtain all necessary building permits.
. In 1983 we were having water problems on the east side of our house. This was
because of two reasons: the first is that the property at 1350 Hillcres# Drive is higher on a hill
and all ihe water runs downhilf; and secondly, when the resident at 1350 Hillcrest Drive built
his stone wall, he put drains in it that pour directly onto our property, We had to do something
because of the water collecting around the foundation of our house and the flooding that
would occur during heavy rair�fall.
We had landscapers out and they suggested that the best thing we could do was to put
rock down to collect and stop the water. The area was ten feet from the house and fifteen feet
north from the side door. We then rocked ihe side of the house. After doing this we ran into
another problem. Our front yard is quite a bit higher than the back. When you would walk on
the rock, because of the severe slarrt you would either slip down the slope or push the rock
down the hill as you walked.
So, in 1983, ovgr�seventeen �rears aqo, we decided to build a wood patio. We then
built a 15'9" by 10'5" patio which covered alt the rock. We also built wood steps going down
the hili to the back yard. This allowed us to walk on the east side of the house without
worrying about slipping or pushing rock into the back yard.
In 1985, over fifteen vears ago, we decided to screen in the patio. I ran 2 x 4s vertically
on the patio every four feet apart and put a roof on it. I then ran screen from the floor to the
ceiling. There are no wooden walls, just screen. There are finro combination doors also in
the porch. The patio roof we buift and abutt�f to the side of the house. At that time it was not
connected to the house roof. We eventually had the house re roofed and at that time, we
extended the house roof to cover the pa�o roof so it would look better.
We have lived in his house since August of 1977. The ocxuparrts of 1350 Hil�rest
have been here longer than that. They were here in 1983 when the deck was built and they
were here in 1985 when we screened it in. They said nothing at that time and did not
compfain. They have not complained for 17 years until now. Lot lines have not changed in
the past 17 years and nothing else has been built or changed in the past 17 years.
In summary, the original reason for th�deck was for safety concems because of the
landscaping rock which had to be laid in that area to prevent damage to our house's
foundation and flooding in our basement area due to the problems resulting from the water
drainage from 1350 Hillcrest. Also, the variance, if granted, obviously will not after the
-.,.
character of the neighborhood because � has been there for over 17 years without any _:�
complaints. �- _ ��
� ti �.- .
. . �°+'--, .. e.�.=:w� � . .. �':�;,,.- '�"` •�--- _ . . = sna+a �'-�c�",r-'F- ca."'�^.-s- �...��<u�-- - _ .,�-�..r'.d".c'"a2--�,��.,_ ".e�
�."�"'^^+�,.��� -..�.+�r•'v" `r�,%:�". �. _.s.....s...--°';cats:z• � �..,;..�,. ����� � �--.�:. �t+;+�.- s'w'.� �e- a . : ��s.�. -
..t�,�.�--..y� �: �; ��--�'y�-.^P^'TM-a-�.'.--•--�- �- r�tf:r'°��- _ _ - , "�s,-.t-��.,— - . - -�'=- ._--_�----,.-� +�"`"�-��-" _
� ., -�
. � -^_�-. . ; . , ..a-'� �.. A
, .
_ f _ . .. .. . '.,.'- .. � r �� -. dfwy �f; ' ' . .
. . . _,. .. . -- �� -a 1_ -4,.+ s�'Y'�� �'� �t.x:.. 7 '+.e� Y,''�� .+' ��� �`s,�I�'-3 _ _
J '
��
-.,.. ... - '
°t
.�,_-,. _. -,,,�_..�..a�.. .._�... ..�.-,.��. ,.�:.a-r . ..e", - - . _ -. _ .
. . . . . . . _ � . . � . . . ., . ..,. *� . . ._ . - . '�C r . .
. . � CITIIOF�Fi�IDLEY _ - : -r,
: , �- = - . . ,.�� .s g F
.� , 9.APPEALS COMISSION MEETING : �`,�=�: - =:- � . _ —_
�.. ..� .. AU.GUST 9, 2000 � � - � . . -.
-�� . . ..-_:� -� ..-- � . � .. . _.. . � _ _ � -�-� �-=r�..
CALL TO ORDER: ` _ . - �_
Chairperson Kuechle called the August 9, 2000, Appeals Commission meeting to order
at 7:30 p.m. �
ROLL CALL:
Members Present: Larry Kuechle, Ken Vos, Blaine Jones, Sue Jackson, Jon Tynjala
Members Absent: None.
Others Present: Paul Bolin, Planner
Scott Hickok, Planning Coordinator
Bruce and Julie Kath, 1352 Hillcrest Drive
Peter and Rose Meyerhoff, 1350 Hillcrest Drive
June Duininck. 1348 Hillcrest Drive
David McLellan, Van-O-Lite, Inc.
Paul and Laura McLellan, Van-O-Lite, Inc.
Chet Harris, RLK Kuuisisto - Van-O-Lite, Inc.
Willard Weikle, Earle Weikle & Sons Construction
APPROVAL OF THE JULY 12. 2000. APPEALS COMMISSION MINUTES:
MOTION by Ms. Jackson, seconded by Mr. Jones, to approve the July 12, 2000,
Appeals Commission meeting minutes as presented.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED
THE MOTION CARRIED UNANIMOUSLY.
1. PUBLIC HEARING: VARIANCE REQUEST. VAR #00-19. BY BRUCE A. KATH
& JULIE ARCHER-KATH:
Per Section 205.07.04.D.(2).(a) of the Fridley Zoning Code, to reduce the
required side yard setback for living area from 10 feet to 5 feet to recognize an
existing nonconformity on Lot 13, Block 3, Moore Lake Hills, generally located at
1352 Hillcrest Drive.
MOTION by Dr. Vos, seconded by Mr. Tynjala, to waive the reading of the public
hearing notice and open the public hearing.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED
THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 7:31 P.Me
Mr. Bolin stated that the petitioners are seeking to reduce the required side yard
setback for an enclosed porch from 10 feet to 5 feet to recognize an existing non-
conformity. The ehclosed deck on their property has existed since 1985 and it provides
-- . ..._:. __�_.. -- - -
: __ . _ _._.r � -
_ _ .. . - - -:�-`�� , -- --_� z.��,,,�. -
_- -�; : . - ° _ --.:-: . -�.:. - .- ...
APPEALS COMMISSION MEETING, AUGUST 9F 2000 � . `. _ ,^ �^ „ PAGE 2 ._ " , , . Y
. .
: __ .. ,
>� .
stair access down the steep grade into �the�rQar �a�d In.rthe early 1980s. the petitioner
was having water problems. Water was Rinning up against the house and causing
problems. The petitioner then put rock on #hat side of the house which took care of
some of the problems but did not leave much room to get to the back yard. The
petitioner then built a deck with steps going down the hill. In 1985, the petitioner re-
roofed his home and put the roof over what was once an open porch, making an
enclosed porch. The enclosed porch now requires a variance.
Mr. Bolin stated the home is on the north side of the northem portion of the Hillcrest
loop in the road. The property is zoned R-1, sengle family, as are all the properties
surrounding it. The petitioner's hardship statement is: "We had to do something
because of the water collecting around the foundation of our house and the flooding that
would occur during heavy rainfall. We then rocked the side of the house in 1983. We
decided to build a wood patio. We also built wood steps going down the hill to the
backyard. This allowed us to walk on the east side of the house without worrying about
slipping or pushing rock into the back yard. In 1985, we decided to screen in the patio."
Mr. Bolin stated that the eaves of the porch hang out within finro feet of the property line
which is allowable by the building code. Staff has no recommendation on this request,
as it is within previously granted dimensions. A similar variance was granted at 150
Talmadge Way where the side yard setback was reduced to 4.4 feet for living area. If
the variance is approved, staff recommends the following stipulation:
1. The petitioner shall obtain all necessary building permits.
Ms. Jackson asked if a building permit was obtained when the porch was built in 1985.
Mr. Bolin stated there was not.
Ms. Jackson asked if it would have been required at that time.
Mr. Bolin stated that a permit and a variance would have been required at that time.
Mr. Kuechle asked if the petitioners were replacing the porch exactly the way it was.
Mr. Bolin stated, yes. The enclosed porch is illegal non-conforming because it does not
have a variance and was erected without building permits. The granting of the variance
would rectify that situation by recognizing this non-conformity that has been there since
1985 and would allow a building permit to be issued for the enclosed patio. The
Building Official has inspected the deck, and everything is built to code so there are no
building-related issues with this.
Mr. Kuechle asked what was triggering this request at this point.
Mr. Bolin stated that it came about as a result of a complaint. Staff checked the files
and found that a variance had not been granted and a building permit had never been
issued.
�;-w: . ,, . _ . �, � .. ... - - - -- - _ - + : - - --
• ., •
;._ . . .. - -- � ._. _ . .,. _ : . • :� - . -.- ':'.�� ' �:-� �.�: t:�s re.�. Pa`s3 t-j _.� aid t'��� 1<9�fys 2L..y r.�. ; G . _i;. -. . - , _.
. . ; a,�C",., JE�'7 a��,� s �:_�''�.�''rA�7�A � .__...__:
�4PPEAlS'EE?MMISSION MEETING;-AUGUST-9,-2000 �- -�� -----=-- �--a--,-- -
Dr. Vos asked� if the porch was at a five-foot setback along `the whole length of the
porch.
Mr. Bolin stated that it was only five feet at the front�comer and as you go toward the
back yard it gets`further from the property line.
Dr. Vos asked how much of that length was without a variance.
Mr. Bolin stated all of it is without a variance because it gets to about nine feet at the
other side.
Dr. Vos stated that the stairs could be within the setback area.
Mr. Bolin stated that, yes, the stairs could be within that setback area.
Mr. Jones asked when the first complaint was registered with this property.
Mr. Bolin stated that the complaint was registered in late spring of this year.
Mr. Bruce Kath, the petitioner, stated that he had photos if the Commission was
interested in looking at more of the deck.
Dr. Vos asked what the petitioners were going to do if the variance was not approved.
Mr. Kath stated that they will have to do whatever the Commission tells them to do.
Dr. Vos stated that part of the porch could be sticed off and still be within ten feet of the
property line.
Mr. Kuechle asked if the porch is ten feet wide.
Mr. Bolin stated that it is 10'/z feet wide.
Mr. Kuechle asked if they would need a variance if the porch is open.
Mr. Bolin stated that then they could be within five feet of the property line.
Dr. Vos asked what would happen if it was a deck without anything.
Mr. Bolin stated that then it would be five feet as well.
Ms. Jackson stated that the home to the left of the petitioners' home had a narrow
walkway around the side to the back.
Mr. Kath stated they do not have a walkway. They put an addition on. If they took the
structure down and left a deck there, it would be virtually useless. One of the main
reasons they enclosed the deck was because of the bug infested neighbor's back yard.
. .� _ _
A ,� .�,. _
_— �:— � - .� _-y-� _ � - �.��,�; ��
..�_,.,. �� .. -� � .� � �:--�-�_ — ._ - � _ —
- _ _ . _- -. - - - - _ .. - � - � _ _�_ - „Y-�
_: _ ` APPEALS COMMISSION MEETING,'AUGUS� 9, 20Q0-_� �-:�.,':..,. :. :�- . .. � ."ms�;� ��, aPAGE 4 . :.: ,,., �. . �� .
.. ._ — -
.� - .
�_..� _ .. _... : __ ..�. ,_ _ _ v,, _
,_
. �� � J a¢ �•-', r% -:
Mr. Jones stat_ed .that, it seems like,�i�s whole situat�on stemmed fro��cyic�g to resolve _
some water problems. � - =` ` ��'��' �`- =
Ms. Kath stated they have damage in the basement and were �advised �that they needed
some stonework. They did that and it alleviated some of the� water` �problems:- They
then had the problem of walking to tMe backyard with the stones so then they decided to
build the deck. �
Dr. Vos stated there is a drain coming out of the retaining wall.
Ms. Kath stated there are two drains.
Dr. Vos asked if they drain to the west toward their property.
Ms. Kath stated, yes.
Mr. Kath stated that he imagines that the drains are plugged up.
Mr. Jones asked if the retaining wall was on the property line.
Mr. Bolin stated that it is about one foot away from the property line.
Ms. Rose Meyerhoff, stated that she lived in the house next door at 1350 Hillcrest Drive.
They are going to sell their house and feel that having this non-conforming porch so
close next door would be detrimental to the value of their house. She was not under the
impression that this porch was built a few years ago. When they went to the Municipal
Center in May to ask if the porch was built outside of the ten feet ordinance
requirement, they were informed that the assessor recorded the porch being there in
1998. Four years before when the assessor was there, there was not a porch. She is
concemed that if the petitioners sell their house, the new owners will not take the porch
down. The reason that they did not say anything before is because they did not want to
cause any problems and be a good neighbor. They would not have a problem with a
cement floor there instead or stairs going down to the backyard.
Mr. Peter Meyerhoff stated that they felt that this was going to affect the value of their
house and went to an appraiser. They received a letter from the appraiser stating that
the condition of the porch would affect the marketability of their house. As far as the
storm drain holes near his house, he would be glad to plug them up if he has to.
Dr. Vos stated there is pretty good drainage coming off the petitioners' property onto the
neighbor's property so he can see there is a water problem.
Mr. Meyerhoff stated that they live on a hill and all the water runs down.
Dr. Vos stated that he knows it runs down, btat they have to try to keep as much on their
own property as possible.
Ms. Jackson asked if the only window that faces this porch is in their garage.
a ��� �� � _
_ z __ _ � �
Z.;�-.o ._�-��._�.nm� ~ �. d`e.W-.a, -°=�"'- _�,. �.ti-- - .. :� � -.r-=r.— -`�.;,�«�. �a�-.:-� = --x.=o- ��^'^F� i' e '�'"� � .
_ .f_ K �.i�.-�. `-�� ,�-. �- f . .
�
� � �l�e'��lt��/i .i-
• �,.�.:. -. . .- ..�._ ' . . ' � .. � � .._: �
� -''°$t.l- .; ,� �. .. _. �7,. -.:-.�..z .. +� 6°aS*� �'�_ .,..r �-�.,�^ ..p2�+ Fs'^� � . , .> - . . : _.
Ms.vMeyerhoff stated tha��mos��of the`f'nring room f�ces the�o�ch: -:`. =`� Y�-� � w'�� ��'�j��
Mr. Kath stated that the wood patio was installed fourteen years aga
Ms. Meyerhoff stated they have no problem with the� patia, only the porch.
MOTION by Dr. Vos, seconded by Mr. Jones;"to receive the letter written by the
appraiser as presented by Mr. & Mrs. Meyerhoff
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED
THE MOTION CARRIED UNANIMOUSLY.
MOTION by Mr. Jones, seconded by Ms. Jackson, to close the public hearing.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED
THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 7:58 P.M.
Dr. Vos stated that looking at the paper copy that shows that this has been existing for a
decade or two, the first thing that came to mind is the sale of the property next door. He
does not know how to resolve that. There is a pretty good distance between the
structure and the living quarters of the 1350 Hillcrest Drive house. There is not a level
look with a drop of at least five to six feet from one house to the other. He would be
inclined to vote in favor of the variance request.
Mr. Kuechle stated that if this came before them without the issue of the possibility of
reduced adjacent property value, he would be in favor of approval. Since the majority of
the encroachment is along the garage side and the garage is higher than the
neighboring building the affects are minimized. He would also recommend approval.
Mr. Tynjala agreed. This is within previously granted dimensions. The structure is up to
code and he is a little dubious of the appraiser's letter because you can get an appraiser
to say about anything. He would vote in approval of the variance request.
Ms. Jackson stated that it is unfortunate that a building permit was not taken out in the
beginning. She appreciates +r,�+ +tio no�..hbors were concemed but didn't want to
cause any problems. She empathizes with the water problem.. People need to protect
their property. It has been there a long time and the structure is solid. If the neighbors
could show that the assessor reduced their taxes there may be evidence of reduced
property value but she does not think that happened.
Mr. Jones stated that he can appreciate the water damage issue and responsibility of
where the water is coming from. This has been there a long time and it is past the City
being involved. He would vote for approval.
Mr. Kuechle stated that because it has been in existence for a long time would not be a
reason to approve it.
Mr. Jones stated they have approved similar variances in the past and he feels that
there is a water problem there that the petitioners have worked very hard to solve. The
� APPEALS COMMISSION MEETING, AUGUST 9. 2000 _ - -- � .=�-���, P ,n -,,.,: . - PAGE 6 . - �� — - . }� '
. .. ,
;_:.
water was not necessarily coming from their property and no one came forward to help
them. He would vote in favor of this variance. �
Ms. Jackson stated that the rocks address the water problem. The neighbors do not
object to the rock. That also creates �a safety issue for the homeowners to get to the
front to the back and that is why they needed a deck and a stairway. The rocks are
related to the stairs which are related to the deck. ._
MOTION by Dr. Vos, seconded by Mr. Jones, to recommend approval of Variance
Request, VAR #00-19, by Bruce A. Kath and Julie A. Archer-Kath with the following
stipulation:
1. The petitioner shall obtain all necessary permits prior to construction.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED
THE MOTION CARRIED UNANIMOUSLY.
Mr. Bolin stated that this would go to City Council on September 12.
2.
PRISCILLA PERSAUD:
Per Section 205.04.06.A.(3) o the Fridley Zoning code, to reduce the required
setback for an open deck in a'de yard from five feet to two feet to reconstruct
an open deck on Lot 6, Block 2, illcrest Addition, generally located at 7119
Ashton Avenue.
MOTION by Mr. Jones, seconded by Mr. ynjala, to waive the reading of the public
hearing notice and open the public hearing
UPON A VOICE VOTE, ALL VOTING AYE, HAIRPERSON KUECHLE DECLARED
THE MOTION CARRIED AND THE PUBLIC EARING WAS OPENED AT 8:05 P.M.
Ib1r. Bolin stated that a variance was granted in 90 aflowing a deck in this location.
The deck built at that time has since rotted and is not safe. The building inspector could
not find any footings undemeath any of the posts. The properly is zoned R-1, single
family, as are the properties to the north and south. Across East River Road, there is
railroad property. The lot was platted in 1923. The xisting home was built in 1981.
The variance granted in 1990 allowed the deck to be uilt in this location despite staff s
recommendation that the size of the deck be scaled b ck from 8 x 12 feet to 6 x 12 feet
to allow more room between the property line and the ck. The deck has been in
place for 10 years.
Mr. Bolin stated the neighbors most affected by the deck h ve contacted staff to support
the request. The petitioner's hardship summary states: °I h ve a patio door to this
existing deck built at the time of the house construction. I us the deck for lots of
outdoor activities, cooking, barbecuing and sitting. The deck Iso gives access to my
back lawn."
�
�- �. � •1
��
� ,�. s,
cirr oF Fw���r
6431 UNNERSITY AVENUE
FRIDLEY, MN 55432
(612) 571-3450
�1����
1���
�
�� ���
COMMUNITY DEVELOPMENT DEPARTMENT
VARIANCE APPLICATION FOR:
Residential Commercial/Industriai
Address: i".�,��
Property Identification I
Legal Description: Lot
site pl ,4n requi�ed for submittal, see attached
Sian�
Block Tract/Addition � P " ' � o
Have you operated a business in a city which required a business license?
Yes No � If Yes, which city?
If Yes, what type of busmess?
Was that license ever denied or revoked? Yes No
�V �V A/�VAr�V�V �riY/�/�V�VN�V�VN�rN�V �V�Y�V�V�V,V�VArti�VAI�VA/�V�V�V�VN�Y�V�V�VArArI\I^/MN�V�V�VA/�ArAIw�N�VA/�V�/,Vr�Iw�rV�Vw�w�
FEE OWNER INFORMATION (as it appears on the property title)
(Contract p �a er : F e ow�ers ust sig�n hi form prior to pr
NAME: � 1�:���� a.`.�!� '� ���"�/f� � e ��
ADDRESS: �` ,f�,�� � �� �/G��,i'
DAYTIME PHONE: °�/L-�o����A SIGNAT RE/DATE:
NAME: � .��1��.
ADDRESS: i��`
DAYTIME PHONE:
����� �
� . ��"/ �'�
-° G�� ` �SIGNA URE/DATE:
�J�
Section of City Code: �`�"°'° ��' `�'��°� � '�'
FEES -
Fee: $100.00 for commercial, industrial, or signs:
Fee: 0.00 for reside tial properties: _� Receipt #: �� Received By:
Application Number. � �!�
Scheduled Appeals Commission Date:
Scheduled City Council Date: �
10 Day Application Complete Notification Date:
60 Day Date: �
�
�
�
� �
�
� �
� U
� O
� L
�
� �
�
— o
� ■�
■ � �
� �
LL U
■�
�
� �
. �
�
"�"� Q
.�
U
i
,
�
�
0
Q
V
c
m
�
Q
l0
�
0
�
o �
•y C
�� m
� O
.? ' y
U o`. p
~- Q °m
U ,
0
�
.�,
" '�
°1 c
a� �
�o
�U
.o 0
y �
y
.� O
� '� �
U NC �
� �
N O
y U �
� � N
�
�
m ;a
c�o �
o�
o -�
��
n�
40
0
co
L
m
�
m
J
C
Y y
� �
� �
C
O �
Q �
'a CO
O � �N �
n a �c�
Q � � y
C
m
H �
��
'�N������������ � N
� � �
2 c a
� o �
a � N
�
y C C
� � tII ,.N+
��������� N G V � �
rn aeQ>
c m �-'N a
�0 y N C y
m � � m
N
� = V p� C a� N
Q- V U C::. fl-- •�C •� E�0 p. �
UZ ��c���n°�'cmEm
i» °a�N�SU�
o �
:.. p
Qo
n
Q
m
m .�
a�
E �'
o �
-------- � � m
�Q�
s J4
� _�
= r --.
s s +
����� � , ;�
<<, ��.��. �r� _ _
�
. . NORTh'
;
,
�(. y h,�p � �O ?D 40
+ � "''-'
. s�.�cE i�v FEET
;,
,,�
� . r. -�' c % � � �j ,. i � � .'� . .� , ;r � � ,i;.
.�: �•�i„%i ,: i���� �:.� �J �.`•�a.�? i�%.' i��� �.S.��J.'L' i�4/ l% iL_ c: a_ ,�'
, t xr�,`;�.�t
. _ ; O3, , �,' r�ct��� , ' �:;
- - -N8� 39'OD'�F 60.00�- - - - - - ' G ;•: ,�.�,���,h
� � e: .{ � , 'r
� �y' p
� ��t fS t�y r,
�. � ����
. ,:1 �,� },,
� \ � � . � . { 5 L *��'��fi:�
}b�� < ; `'T` � "�'1
'V �' �'Y ° � a;
�..,,
`r �'v� °� i�'?,�' �i ,
. �'� � w4 .�, f t�L
� �i � , ���ay�:[ �'ti
i ;." `��s;���,�rr'��f5,�
� t �9�.�,y-r7
y r:'., , �, ,��
�+' ' �� �"��
4 ' r• / ' ;t4�'i�,• i�:��''
�� nV" � � '+�
� � � .' � �i."v "J'�'.
� / �� ,; ; ti §���;,` �{{�-T
�..�,
, �°�4�'
, . ��.9.�,fy.
�t.{r� �
n1 t'� �y�
,� � .���,
; . _ ..
;��� ��
� � ;q: y� {,
� � .,
� '�M ��r�,�r � �
:'. ,
� i �, � � ' / �� �'�'���*t "ssr
� � Y,:1.t:�'- .
1 a . , , . .:.'�' �
i , a� �
{ A , •'f O , ' ry � ��� , t ��,���
� \O i � / .. . . . 1i �o � ;i� s�
b � • 'e v: �`����a
, ,-,
' 00 � � �t;�m:s �r;,
� � r �'�� 5
C', \� � • . / , � �''.`-�' �..� a
, . . s �,a ��{'�r�`�
� . . • . _ �3 ;,u
;.� � � . . ' • . - '- . � , ,''���`�,;*t• �
' • , • . - , . ; ' y"`� `°�,"- �
• • • _ . . � � ,��;, �'��,�fi
,�„ h, �.�� 7
, , • ' - . . � ' ' . .� `.�,`���F �`.��'
' #�, � , . . ..y '� y% W p�.�'�� ,�
• � . ' ` �" ,:�,:
� • �� ' lb�� ,� J ;. � ' ';;��.�, ���� ,
a .����` ' �,�
: . K�.d �5 • � , ,� .
M t � r F
i i. .. . ,%�OblO POf%O� � f . . . . - ����� �' � ti � y���
)w • ( � ( . ,` / ' ... . . . - :�nsZ,t.e w.rk ,
1 �. . / _' ' , � ... , Y' +' � . . . ' ..
' u / w . i6
i a T
, . � ' , � � , f � � �' yA��'��}
' il_ c.� � b � �,t���< �,,�
,' ' • ' - .,�,� IE�. .. i c�?� ����k;::
' / ' . ' / ' ty����{ y�,:
?� ���
, . ' • ,' . ��t 4� r1��M
s �
. . i . . ' � �°� ��I4-'Y
J
nl . • • i � . � • ' : �s. a .L... � ,.
�ay • • ' . � � ' 'll y?�
' �, . . . � L EG ENO . ; i � �T�� �i,t;3•'d i
�, . p• " ?' , t��3�.���-w��
1 . • . . ,J y64.
. - . . � �v°As�ty /�n� sr/�+��j'i� ��v
� , � _ . ?, � ` 4x`4�.�( a;
. `' � � ' . . �—* iroprr��•7inC� pq�„� � ti,� �",y
-`— � ' -, ��� i'5�.�
R = / /66' , � — ,(ot /ir7e. � ;t�a i4we��.:� C� F
C.y = iV69'20'�,�'"iy ; - . • , ' , � .�,��'� ���
�' � , �,•.L a 79 BS� • � , : o /icn plp a /�'iN�p''�` � ���
s,z M � ; ,; ,
,s r , . . /ron pi,ot .!� �N,?„5,�;1A'�
` , ' . � • � Conc�ete .rv�f'�,�e`i �• ,,a�
� a �`.'�� , �"C ���`� ;�*
, �. h'i %/ C � e s t � "��� �_`;�{: ,,
�.
��� . � � �e � �. , ..�_ �rR� �.� *
i � i �. k ''�Y
� �� � �rfi�, `+j��4��� , S Y � � �' � �,��.. ;'` `v� . , . � u1r?� ,�..(r . F.�� �i �- r y �. .� -:�i�rt ..y��!"l�t ��y,�y,��. � e7 M M �^
�i.y}. 4 `fi , .f� . r' � ,4 „ u�`,� ! - r ti'�Y ' J:��. �., . .''„� a��'� �ic i 'ir'4,'�S�"n` ? <��Y l���r,:
f, -�S ti �F. !7' .��� �c , � , �,hf . " � i ..T.���.f'M �a9� �� .,. t ,l.M��� 5 ��� . -� a7- y:. � . . � ;:k����y��'�i;Y+1f y � � �� , �
� � � � y ���{ ,t uQr :.�o�► � x3 f ��� ,�' �yy .+ti ,: . � � �f y, ����X .^l�irt��`Fw7f`�y �y,��{ �,
r �.'�i �� � �.i`i.'I�C�� v r , ;� + t. �. � �.� � v rt �i �'� �N�O�ti �� QO;(,��I f��.� ��v;%':t ;�y+ L���',4.
�J M.��1���.�� � �r � a � r,,, , ,-• j _ ... ���" � . . ,.y +`._ =v'> 4.:,.ce' � y ;i �.��
��+r'y +y� , f '', .1ln�, ext����{� .�►� ��qa�t.wo .�' ���� �,�� . ,�"
4 }.�R �t �.�.ti� e .. � . ��7. $ +y,• + � �Y ::1�T �� � � ,'� ,;l �?���
'��$�(h�7b gih p'�'t!f- ' � ;�' � . "' �:,� ,� r ' `�
?t� >
'� �.y.t an .ths w �. . s nt 60:00. S'���t�•:� a. �
> � �, , ��� cr.i'+^s�►id��bo� ' ry- � *r� t
� . .. },:r 4 � . . � ! � � 3.: ' a �b j� � . .e ti . . .. 4 ti � `�F-�+ � i ' l �
, t r - :, i.) S
.,;�"`a� hM�tt : corAeh , ot' baid.' Ltlt*,k�' , . t � • �'� 4 �t •
.. , '.ar......y,._' ... , . �,p.: _ . � . .:� qj �, �� � � � � .. �t'� �r i
_.�ti.�.,. .. _ .. .. , A_ , � �r `, �k`Ts ., ; '� Ix�a*� � :'yi � +'�Y :,� s
dTES . . x , _.: r ��'a� �
, '; ' y .� e : ,R
•. ` ,'. �8�,
�is �j6ew�/'nqs :r dlfvmid. AI/4�imsnllMl Ori� %/1 flf�' dnp�q��CJmd/I v a � t.'�� ���� ,
f' fear, Oiminr/Onl v ds/- $_
Y`ijJ'��'�(f4fCrv/' !f'r�t�.�r o'ndimP�oY.�m�iftl bM• slron-n to.indira�Es fh�ii- /s/o�tia�.Mi '� �st�,pr�n� drar,�r,�r,� �,.
4�`afi11''it� ,� � tm 6�.. com�o,/vE� � , , � .. � , ., , ,�,o ta°Qerrhaldrie►x /�r'�w�r�+i' �'�� �
�'ii�+/s��h��s; a.t ro earamen� a h . .: � , = ' , : a ��, � �`
,
;... e x �
� �'` � � i � ,;>: �. x I /�d a'' s,� /�7�'tterl'1 0� r��ord v/'fattii�y fi f/P is I�aee� g�uQF�t`,e�a�' i �:; � , ; . �`��,'�^,� � � �
� �� , � .. � ��!.�� f�, / .p 'r � x .r � �y�� �k �: i r{' �ua��.�qt�1 ' � � .' , . • �'vos� ra ' ' � � ��z � ��. 4 .
% }.. 1 �� ^ � �a,r���4�'t"� 't � �y � w � ^K' + '�.-� y
�� 't �r� y���Y �- � f �`f �FC. ��y� �1 y. 2�„ wr�� i+5�, /
�` „} ;�M��T�Y9 f ,1t. ti,' .� J 1Lir�,�i`r�Yw� `' ' f . '� T .. f y` ..' � .. .
_, %"• ' ;�^ Alt�'�I�Lbltif'OOM�tJ�'�4M�7'� ?+G tr ,'�P.t. �t: ' . 'G' � t'- �
'tlVil'�TlatMfR'�6 �-'YT��'Sa�s• -W�:��.,.� -.. , �_. _.,.� ._.. . .
�.�
1
- ti. ! -
1 � �'���
� �
���
� � �
� : I ;. �
� '�
� `�'�
���":, , ;;.
;��� ��'" .�
"'-�
.
� ��
� "'
�.
� . ..
�
�
�
�� " � � .
.�
��
�
r � ,� �
r� `
�'2� �
,
r� • R
� '. .
��i t
7: y i
� jN. ��,� . .
r, . ' � "
-r r � .ar
�'' � , '��}!d./y.t '. y� lr
�.� ����d � .
}�x�i•��r,� ��� ..�����
� �` 7
�����e'
�, � 'Q
��IRi'���,: I�l.�w•,�
�s+� �Y,t114b', .. •.
,Ji',y� .�.`. ' �. TJ
..¢� .l�� 'ti
R� Y. � . .._���ax ■ 1
1,��'�`-��
� ..
V��
� ``.
;' 7T' 0!�
����"€�Y.Y
, r'�
Y �
� . ��C� ;t. ..� 1
' \ �[I . �
� �.,k, , � . �'' ,1
Y : � .
7� T
' � '
i �
r4. W �'F�
]
� - 1.
�
�
�--- �
,.�.■,�► �
�'/ T�
��
it
i- �
. .' ., .
� �Y
� ."� �
� h � {
�
i,. ?NF'.
�, ;.� �1
. • � . .� �:� ., R e '
�■~ 1� �s I 4. .
M' � 1 � ' � �-�� - � �
� � j�, �; r �� �.��� �
1 1 ,i � `� �
I � :�� ��.
'� ' i • � . 7 . . .
1
I fJ �' �1
'6���'
r �:
r• '
.' .; i
�' �!
�
,t'"
,��1
;�
�
'�
�
I
�,- �,R
� �, Clt Of
y
Fridley
�
�
�
�
�
�,
City of Fridley
Pu bl i c Heari ng Noti ce
z
W
W
a
' _�,�
O i�1 - Q� Family lkdts 0 M-1 - L1gFd Ir�rial N $OUr(�S:
� R 2 - Two Fam7y Urdts NF2 - Heavy Industrial Fric�ey Planning
�►t3 - c,�,� nh,wae ur�s � nn.3 - outdoar �r�i� Fleav„ tr,dus4,ial
— � _ � �, Frim GIS
� PUD - Pl�nad Unit Developrnerd � F - Riblic Faa�itles A�Oke COUllly GIS
si _�o�rt� c� �-�►ro�s Moka Couniy Ass�ssing
� � -,�,,,,�,�,,,�,,,�„ N �,��� Variance Request#00-19
° G' -�°`�'�^� o�i�e«�� 1352 Hillcrest Drive
G2 - G�ral Buslness
� R., :�', �^� o�-� Bruce Kath & Julie Archer-Kath
� ! � �
APPRAISAL CONCEPTS, INC.
Residential — Commerciai — Industrial — Equipment
Augrust 7, 2000
Mr. Peter Meyerhoff
1350 Hillcrest Drive
Fridley, Minnesota 55432
RE: 1352 Hillcrest Drive
Encroachment beyond
Legal setback
Dear Mr. Meyerhoff:
2565 Hamline Avenue North, Suite B
Roseville, Minnesota 55113
Real Estate — (651) 636-2565
Equipment — (651) 633-0779
Fax — (651) 633-0394
Pursuant to your request I have viewed your property at 1350 Hillcrest Drive and the
property immediately west, 1352 Hillcrest Drive.
The purpose of this inspection is to aid the property owner in the matter of an
encroachment beyond legal set back of the screen porch of the adjoining property at 1352
Hillcrest. There is a public hearing on the matter scheduled for Wednesda.y August 9,
2000, to consider a variance be issued to reduce the requ.ired 10' setback to 5'.
Zoning ordinances are instituted primarily to set community standazds with respect to
density and dista.nce between improvements to provide privacy and quite enjoyment of
the individual property.
If, as in this case the adjoining properiy improvements exceeds the normal setback it not
only infringes upon the rights of the ad.joining neighbor with respect to the privacy issue,
but it also is atypical with respect to the standard of the overall market and esta.blished
minimum setback. It is highly probable both conditions would affect marketability and
market value. Mr. Meyerhoff if there are any further questions, or if I may be of
additional assistance please advise.
Sincerely,
��''�� .`" - �---e�� , /l
�✓ ,
William J. Peterson, S , A
PROFESSIONAL QUALIFICATIONS OF
WILLIAM J. PETERSON, SRA, SRPA
PROFESSIONAL AFFILIATIONS:
Appraisal Institute designations:
SRA, Senior Residential Appraiser, 1981
SRPA, Senior Rea1 Property Appraiser, 1990
Certified Federal General Appraiser
Licensed in State of Minnesota. & Wisconsin
SPECIALIZED EDUCATION AND RECENT CONTINUING EDUCATION:
*Apartment Appraisal: Concepts & Application, University of St. Thomas 7/99
*Valuation Trends Workshop: Metro/Mn., Cha.pter Appraisal Institute 6/99
*Fundamentals of Relocation Appraisal, University of St. Thomas 12/98
*Senior Demographics/Impact on Housing, University of St. Thomas 11/97
*Uniform Standards of Professional Appraisal Pra.ctice,
Mn. Assoc, of Professional Appraisers 1/97
*Emergi.ng Trends in Rea1 Estate Metro/Mn Chapter App�aisal Institute 1/97
*How to Perform FHA Appraisals Within HUD Guidelines
'� Standards of Professional Practice Parts A& B, University of St. Thomas
*Appraisal Review Income Properties
'"Evaluating Residential Construction
*Americans with Disabilities Act
*Condemnation: Lega1 Ru1es and Appraisal Practices
*The Appraiser's Lega1 Liabilities
*Feasibility Analysis — Discounted Cash Flow Analysis
*The Appraisal of Partial Acquisitions, Course # 401, Interna.tional Right of Way
* Applied Income Property Valuation, SREA Course # 202
* Special Applications of Real Esta.te Analysis, SREA Course # 301
*Insttuctors Clinic, SREA, Purdue University, West Lafayette, Indiana.
*Creative Financing and Cash Equivalency Seminaz, SREA
* Appraisal Review Seminaz, National Association of Review Appraisers
�'Rura1 Appraisal Course F, Assessment and Appraisal, University of Minnesota
* Principles of Income Property Appraising, SREA Course # 201
*R-2 Exaznination, SREA
*Nazrative Report Seminaz, SREA
* Introduction to Appraising Real Property, SREA Course #101
_
_
CIlYOF
FRIDLEY
FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSTTYAVE. N.E. FRIDLEY, MN 55432 •(612) 5�1-3450 • FAX (612) 571-1287
July 24, 2000
Bruce A. Kath & Julie Archer-Kath
1352 Hillcrest Drive
Fridley, MN 55432
Dear Mr. & Mrs. Kath:
Per Minnesota Statute 15.99, local government units are required to notify land use
applicants within 10 days if their land use applications are complete. Based on the
City's application schedule, we officially received an application for a variance on July
14, 2000. This letter serves to inform you that your variance application is complete.
Your variance hearing and discussion will take place at the City of Fridley Appeals
Commission Meeting on August 9, 2000 at 7:30 P.M. in the City Council Chambers at
6431 University Avenue.
If you have any questions regarding this letter or the process, please feel free to contact
me at 572-3593.
Sin ely
�s��
aul Bolin
Planner
PB
C-00-136
CITY OF FRIDLEY PUBLIC HEARING NOTICE
BEFORE THE APPEALS COMMISSION
TO: Residents within 350 feet of 1352 Hillcrest Drive
CASE NUMBER: VAR #00-19
APPL/CANT: Bruce Kath & Julie Archer-Kath
1352 Hillcrest Drive
Fridley, MN 55432
Petitioner or re resentative must be at meetin .
PURPOSE: To reduce the required side yard setback for living area from
10 feet to 5 feet to recognize an existing nonconformity
LOCATION OF
PROPERTY: 1352 Hillcrest Drive
LEGAL
DESCR/PT/ON: Lot 13, Block 3, Moore Lake Hills
DATE AND TIME Appeals Commission Meeting, Wednesday, August 9,
OF HEAR/NG: 2000, at 7:30 p.m.
The Appeals Commission meetings are televised live the
night of the meeting on Channel 35.
PLACE OF Fridley Municipal Center, City Council Chambers
HEAR/NG: 6431 Universi Avenue
HOW TO 1. You may attend hearings and testify.
PARTIC/PATE: 2. You may send a letter before the hearing to Scott Hickok,
Planning Coordinator, or Paul Bolin, Planner, at 6431
University Avenue N.E., Fridley, MN 55432 or fax at 571-
1287.
SPEC/AL Hearing impaired persons planning to attend who need an
ACCOMMODATION: interpreter or other persons with disabilities who require
auxiliary aids should contact Roberta Collins at 572-3500 no
later than August 2, 2000. (TDD 612-572-3534)
ANY QUEST/ONS: Contact Scott Hickok, Planning Coordinator, at 572-3599, or
Paul Bolin, Planner, at 572-3593.
Mailing Date: July 28, 2000
REESE RICHARD & JEANNINE M
1480 RICE CREEK DR NE
FRIDLEY,MN 55432
BURNSIDE CHARLES W
6150 KERRY LN NE
FRIDLEY,MN 55432
TOLER KEITH D
6105 WOODY LN NE
FRIDLEY,MN 55432
ANDERSEN DALE C& PATRICIA L
6175 HEATHER PL NE
FRIDLEY,MN 55432
MOSS DALE ALLAN & JEAN M
1356 HILLCREST DR NE
FRIDLEY,MN 55432
MEYERHOFF HANS P & ROSE
1350 HILLCREST DR NE
FRIDLEY,MN 55432
ZAPPE THOMAS A& LINDA O
1344 HILLCREST DR NE
FRIDLEY,MN 55432
JECHOREK MICHAEL W
1349 HILLCREST DR NE
FRIDLEY,MN 55432
PHILLIPS SUZANNE W
1355 HILLCREST DR NE
FRIDLEY,MN 55432
MARTIN ANN K& MICHAEL E
1470 RICE CREEK DR NE
FRIDLEY,MN 55432
PAYNE SHARON M& JOHN F
6160 KERRY LN NE
FRIDLEY,MN 55432
�
MACK STANLEY II & LIEBFRIED M
1460 RICE CREEK DR NE
FRIDLEY,MN 55432
G� ' _ ► � : � ►� :?�7�_1�II�1_��
6115 WOODY LN NE
FRIDLEY,MN 55432
LOHMER GEORGE C& NATALIE J JANEZICH RICHARD J& GAIL P
6095 WOODY LN NE 6171 HEATHER PL NE
FRIDLEY,MN 55432 FRIDLEY,MN 55432
MC AFEE RAYMOND L& BETTY J CULBERTSON TERRY M& SUSAN
1360 HILLCREST DR NE 1358 HILLCREST DR NE
FRIDLEY,MN 55432 FRIDLEY,MN 55432
WERNER ELIZABETH A
1354 HILLCREST DR NE
FRIDLEY,MN 55432
DUINICK JUNE
1348 HILLCREST DR NE
FRIDLEY,MN 55432
I ► r i l l � ; <��9 :111 � 1 � L � 3 �_F3 � _' ��I [ � 3 :1 [ �7
1342 HILLCREST DR NE
FRIDLEY,MN 55432
THOMPSON MERLE M
1351 HILLCREST DR NE
FRIDLEY,MN 55432
LINGEN KEVIN R
1357 HILLCREST DR NE
FRIDLEY,MN 55432
KATH BRUCE A& ARCHER JULIE
1352 HILLCREST DR NE
FRIDLEY,MN 55432
TUMMS PAUL G& ROBERTA M
1346 HILLCREST DR NE
FRIDLEY,MN 55432
MORRIS LAWRENCE 8� MAUREEN
1345 HILLCREST DR NE
FRIDLEY,MN 55432
HOLLERICH DANIEL C & DEBORA
1353 HILLCREST DR NE
FRIDLEY,MN 55432
HOPWOOD JAMES J& NANCY L J
1359 HILLCREST DR NE
FRIDLEY,MN 55432
NELSON RANDAL T 8� VIKKI R KING GARY WILLIAM & GLEN R HANSON HAROLD C& LEONA C
6083 WOODY LN NE 1319 HILLCREST DR NE 1321 HILLCREST DR NE
FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432
BOURNE RYAN D
1323 HILLCREST DR NE
FRIDLEY,MN 55432
NYVOLD BETTE T
1325 HILLCREST DR NE
FRIDLEY,MN 55432
SCHREINER SARA H& VESCIO P J NGUYEN NAM THI
1331 HILLCREST DR NE 1337 HILLCREST DR NE
FRIDLEY,MN 55432 FRIDLEY,MN 55432
PONESSA DELORES E
1327 HILLCREST DR NE
FRIDLEY,MN 55432
AGENDA ITEM
CITY COUNCIL MEETING OF AUGUST 28 , 2000
QfY OF
FRIDLE1f
Date: 8/23/00
To: William Burns, City Manager���°
From: Paul Bolin, Planner
Scott Hickok, Planning Coordinator
Barbara Dacy, Community Development Director
RE: VAR #00-19 (Bruce Kath —1352 Hillcrest) M-00-141
Petitioner is seeking to reduce the required sideyard setback, for an enclosed
porch, from 10' to 5' to recognize an existing non-conformity. The enclosed deck, at
1352 Hillcrest, has existed since 1985 and provides stair access down the steep
grade into the rear yard.
APPEALS COMMISSION ACTION
At the August 9, 2000 Appeals Commission meeting, a public hearing was held for
VAR #00-19. The neighbors immediately to the east of the Kath's home raised
objections to the granting of the variance. After a discussion that included the
Appeals commission mentioning that the deck has existed for 15 years, is
constructed to building code standards, and is within previously granted
dimensions, a motion was made to recommend approval of the variance request
with the stipulation presented by staff. The motion carried unanimously.
PLANNING STAFF RECOMMENDATION
City Staff recommends the City Council concur with the Appeals Commission
recommendation of approval for VAR #00-19.
�
City of Fridley Land Use Application
VAR #00-19 August 9, 2000
GENERAL INFORMATION SPECIAL INFORMATION
Applicant:
Bruce A. Kath & Julie Archer-Ka.th
1352 Hillcrest Drive
Fridley, MN 55432
Requested Action:
Variance to reduce sideyard setback to a11ow the
reconstruction of an open deck.
�g �
R 1(Single Faniily Residential)
Location:
1352 Hillcrest Drive
Size:
14,020 sq. ft. .32 acres
E�cisting Land U�:
Single family home.
Surrounding Land Use & Zoning:
N: Single Family & R-1
E: Single Family & R-1
S: Single Family & R-1
W: Single Family & R-1
Comprehensive Plan Conformance:
Consistent with Plan
Zoning Ordinance Conformance:
Sec. 205.07.03.D.(2).(a) requires a side
yard setback of 10'.
Zoning History.
1947 - Lot is platted.
1967 - Home is built.
1983 — Deck is buil�
1985 — Deck is screened in.
Lega1 Description of Property:
Part of Lot 13, Blk 3, Moore Lake Hills
Public Utilities:
Home is connected.
Transportation:
Hillcrest provides access to site.
Physical Characteristics:
Typical suburban landscaping.
�
SUMMARY OF PROJECT
Petitioner is seeking to reduce the required sideyazd
setback, for an enclosed porch, from 10' to 5' to
recognize an existing non-confomuty. The enclosed
deck has existed since 1985 and provides stair
access down the steep grade into the rear yard.
SUMMARY OF HARDSffiP
"YVe had to do something because of the water
collecting around the foundation of our house
and the flooding that would occur duYing heavy
Yainfall... YVe then Yocked the side of the
house....in 1983..we decided to build a wood
patio. .. We also built wood steps going down the
hill to the back ya�d. This allowed us to walk on
the east side of the house withoui wof-rying
about slipping oY pushing rock into the back
yard...In 1985... we decided to scYeen in the
patio. " — BYUCe Kath
SUMMARY OF ANALY5I5
City Staff has no reconz�nendation, as similaY
variances have been granted in the past.
Similar vaziance granted:
VAR #98-05 150 Talmadge Way
5ideyard setback reduced to 4.4'.
CITY COUNCIL ACTION/ 60 DAY DATE
CC-8/28/00
(home & screen porch)
5taff Report Prepared by: Paul Bolin
VAR #00-19
REQUEST
Petitioner is seeking to reduce the required sideyard setback, for an enclosed porch, from 10' to 5' to
recognize an existing non-conformity. The enclosed deck has existed since 1985 and provides stair
access down the steep grade into the rear yard.
SUMMARY OF HARD5HIP
"We had to do something because of the wateY collecting aYOUnd the foundation of our house
and the flooding that would occur during heavy rainfall... We then rocked the side of the
house....in 1983..we decided to build a wood patio. ..We also built wood steps going down the hill
to the back yard. This allowed us to walk on the east side of the house without worrying about
slipping oY pushing rock into the back yaYd.. .In 1985.. . we decided to screen in the patio. "—
Bf-uce Kath
Full hardslup statement attached.
ANALYSI5
The property is located on Hillcrest Drive. The lot is somewhat uregularly shaped, with the home being
"squated up" to and fronting on Hillcrest Drive. The lot is a"walk out" with a severe slope on the east
(screen porch) side of the home. The e�cisting home was built in 1967. The covered screen porch was
const�ucted in 1985. The City building staff has examined the screen porch and deternuned it to be
struct�ually sound _ _ - ,� ; A
RECONIlV�NDATIONS
City Staff has no recommendation, as similaY vaf-iances have been granted in the past.
Similar variance granted:
VAR #9&05 150 Talmadge Way
Sideyard setback reduced to 4.4'.
5TIPULATIONS
Staff recommends that if the variance is granted, the following stipulations � attached.
1. Petitioner shall obtain all ne�yessary building permits.
7
CITY OF FRIDLEY
APPEALS COMISSION MEETING
AUGUST 9, 2000
1. PUBLIC HEARING: VARIANCE REQUEST, VAR #00-19, BY BRUCE A. KATH
& JULIE ARCHER-KATH:
Per Section 205.07.04.D.(2).(a) of the Fridley Zoning Code, to reduce the
required side yard setback for living area from 10 feet to 5 feet to recognize an
existing nonconformity on Lot 13, Block 3, Moore Lake Hills, generally located at
1352 Hillcrest Drive.
MOTION by Dr. Vos, seconded by Mr. Tynjala, to waive the reading of the public
hearing notice and open the public hearing.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED
THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 7:31 P.M.
Mr. Bolin stated that the petitioners are seeking to reduce the required side yard
setback for an enclosed porch from 10 feet to 5 feet to recognize an existing non-
conformity. The enclosed deck on their property has existed since 1985 and it provides
stair access down the steep grade into the rear yard. In the early 1980s, the petitioner
was having water problems. Water was running up against the house and causing
problems. The petitioner then put rock on that side of the house which took care of
some of the problems but did not leave much room to get to the back yard. The
petitioner then built a deck with steps going down the hill. In 1985, the petitioner re-
roofed his home and put the roof over what was once an open porch, making an
enclosed porch. The enclosed porch now requires a variance.
Mr. Bolin stated the home is on the north side of the northern portion of the Hillcrest
loop in the road. The property is zoned R-1, single family, as are all the properties
surrounding it. The petitioner's hardship statement is: "We had to do something
because of the water collecting around the foundation of our house and the flooding that
would occur during heavy rainfall. We then rocked the side of the house in 1983. We
decided to build a wood patio. We also built wood steps going down the hill to the
backyard. This allowed us to walk on the east side of the house without worrying about
slipping or pushing rock into the back yard. In 1985, we decided to screen in the patio."
Mr. Bolin stated that the eaves of the porch hang out within two feet of the property line
which is allowable by the building code. Staff has no recommendation on this request,
as it is within previously granted dimensions. A similar variance was granted at 150
Talmadge Way where the side yard setback was reduced to 4.4 feet for living area. If
the variance is approved, staff recommends the following stipulation:
1. The petitioner shall obtain all necessary building permits.
Ms. Jackson asked if a building permit was obtained when the porch was built in 1985.
Mr. Bolin stated there was not.
E��
APPEALS COMMISSION MEETING, AUGUST 9, 2000 PAGE 2
Ms. Jackson asked if it would have been required at that time.
Mr. Bolin stated that a permit and a variance would have been required at that time.
Mr. Kuechle asked if the petitioners were replacing the porch exactly the way it was.
Mr. Bolin stated, yes. The enclosed porch is illegal non-conforming because it does not
have a variance and was erected without building permits. The granting of the variance
would rectify that situation by recognizing this non-conformity that has been there since
1985 and would allow a building permit to be issued for the enclosed patio. The
Building Official has inspected the deck, and everything is built to code so there are no
building-related issues with this.
Mr. Kuechle asked what was triggering this request at this point.
Mr. Bolin stated that it came about as a result of a complaint. Staff checked the files
and found that a variance had not been granted and a building permit had never been
issued.
Dr. Vos asked if the porch was at a five-foot setback along the whole length of the
porch.
Mr. Bolin stated that it was only five feet at the front corner and as you go toward the
back yard it gets further from the property line.
Dr. Vos asked how much of that length was without a variance.
Mr. Bolin stated all of it is without a variance because it gets to about nine feet at the
other side.
Dr. Vos stated that the stairs could be within the setback area.
Mr. Bolin stated that, yes, the stairs could be within that setback area.
Mr. Jones asked when the first complaint was registered with this property. �
Mr. Bolin stated that the complaint was registered in late spring of this year.
Mr. Bruce Kath, the petitioner, stated that he had photos if the Commission was
interested in looking at more of the deck.
Dr. Vos asked what the petitioners were going to do if the variance was not approved.
Mr. Kath stated that they will have to do whatever the Commission tells them to do.
Dr. Vos stated that part of the porch could be sliced off and still be within ten feet of the
property line.
�
APPEALS COMMISSION MEETING, AUGUST 9, 2000 PAGE 3
Mr. Kuechle asked if the porch is ten feet wide.
Mr. Bolin stated that it is 10'/2 feet wide.
Mr. Kuechle asked if they would need a variance if the porch is open.
Mr. Bolin stated that then they could be within five feet of the property line.
Dr. Vos asked what would happen if it was a deck without anything.
Mr. Bolin stated that then it would be five feet as well.
Ms. Jackson stated that the home to the left of the petitioners' home had a naITOw
walkway around the side to the back.
Mr. Kath stated they do not have a walkway. They put an addition on. If they took the
structure down and left a deck there, it would be virtually useless. One of the main
reasons they enclosed the deck was because of the bug infested neighbor's back yard.
Mr. Jones stated that it seems like this whole situation stemmed from trying to resolve
some water problems.
Ms. Kath stated they have damage in the basement and were advised that they needed
some stonework. They did that and it alleviated some of the water problems. They
then had the problem of walking to the backyard with the stones so then they decided to
build the deck.
Dr. Vos stated there is a drain coming out of the retaining wall.
Ms. Kath stated there are two drains.
Dr. Vos asked if they drain to the west toward their property.
Ms. Kath stated, yes.
Mr. Kath stated that he imagines that the drains are plugged up.
Mr. Jones asked if the retaining wall was on the property line.
Mr. Bolin stated that it is about one foot away from the property line.
Ms. Rose Meyerhoff, stated that she lived in the house next door at 1350 Hillcrest Drive.
They are going to sell their house and feel that having this non-conforming porch so
close next door would be detrimental to the value of their house. She was not under the
impression that this porch was built a few years ago. When they went to the Municipal
Center in May to ask if the porch was built outside of the ten feet ordinance
requirement, they were informed that the assessor recorded the porch being there in
1998. Four years before when the assessor was there, there was not a porch. She is
concerned that if the petitioners sell their house, the new owners will not take the porch
10
APPEALS COMMISSION MEETING, AUGUST 9, 2000 PAGE 4
down. The reason that they did not say anything before is because they did not want to
cause any problems and be a good neighbor. They would not have a problem with a
cement floor there instead or stairs going down to the backyard.
Mr. Peter Meyerhoff stated that they felt that this was going to affect the value of their
house and went to an appraiser. They received a letter from tfie appraiser stating that
the condition of the porch would affect the marketability of their house. As far as the
storm drain holes near his house, he would be glad to plug them up if he has to.
Dr. Vos stated there is pretty good drainage coming off the petitioners' property onto the
neighbor's property so he can see there is a water problem.
Mr. Meyerhoff stated that they live on a hill and all the water runs down.
Dr. Vos stated that he knows it runs down, but they have to try to keep as much on their
own property as possible.
Ms. Jackson asked if the only window that faces this porch is in their garage.
Ms. Meyerhoff stated that most of the living room faces the porch.
Mr. Kath stated that the wood patio was installed fourteen years ago.
Ms. Meyerhoff stated they have no problem with the patio, only the porch.
MOTION by Dr. Vos, seconded by Mr. Jones, to receive the letter written by the
appraiser as presented by Mr. & Mrs. Meyerhoff
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED
THE MOTION CARRIED UNANIMOUSLY.
MOTION by Mr. Jones, seconded by Ms. Jackson, to close the public hearing.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED
THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 7:58 P.M.
Dr. Vos stated that looking at the paper copy that shows that this has been existing for a
decade or two, the first thing that came to mind is the sale of the property next door. He
does not know how to resolve that. There is a pretty good distance between the
structure and the living quarters of the 1350 Hillcrest Drive house. There is not a level
look with a drop of at least five to six feet from one house to the other. He would be
inclined to vote in favor of the variance request.
Mr. Kuechle stated that if this came before them without the issue of the possibility of
reduced adjacent property value, he would be in favor of approval. Since the majority of
the encroachment is along the garage side and the garage is higher than the
neighboring building the affects are minimized. He would also recommend approval.
11
APPEALS COMMISSION MEETING, AUGUST 9, 2000 PAGE 5
Mr. Tynjala agreed. This is within previously granted dimensions. The structure is up to
code and he is a little dubious of the appraiser's letter because you can get an appraiser
to say about anything. He would vote in approval of the variance request.
Ms. Jackson stated that it is unfortunate that a building permit was not taken out in the
beginning. She appreciates that the neighbors were concerned but didn't want to
cause any problems. She empathizes with the water problem. People need to protect
their property. It has been there a long time and the structure is solid. If the neighbors
could show that the assessor reduced their taxes there may be evidence of reduced
property value but she does not think that happened.
Mr. Jones stated that he can appreciate the water damage issue and responsibility of
where the water is coming from. This has been there a long time and it is past the City
being involved. He would vote for approval.
Mr. Kuechle stated that because it has been in existence for a long time would not be a
reason to approve it.
Mr. Jones stated they have approved similar variances in the past and he feels that
there is a water problem there that the petitioners have worked very hard to solve. The
water was not necessarily coming from their property and no one came forward to help
them. He would vote in favor of this variance.
Ms. Jackson stated that the rocks address the water problem. The neighbors do not
object to the rock. That also creates a safety issue for the homeowners to get to the
front to the back and that is why they needed a deck and a stairway. The rocks are
related to the stairs which are related to the deck.
MOTION by Dr. Vos, seconded by Mr. Jones, to recommend approval of Variance
Request, VAR #00-19, by Bruce A. Kath and Julie A. Archer-Kath with the following
stipulation:
1. The petitioner shall obtain all necessary permits prior to construction.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED
THE MOTION CARRIED UNANIMOUSLY.
Mr. Bolin stated that this would go to City Council on August 28, 2000.
12