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AF-VAR - 46175` �- � � . -.�, � - -. � � 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 .? 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'� ' 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