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AF-V - 47104� ° STATE OF MINNESOTA COUNTY OF ANOKA CITY OF FRIDLEY In the Matter of: Variance, VAR #99-35 Owner: Charles G. Haussler and Joann Haussler APPEALS COMMISSION PROCEEDINGS VARIANCE The above entitled matter came before the Appeals Commission of the City of Fridley and was heard on the 22nd day of December, 1999, on a petition for a variance pursuant to the City of Fridley's Zoning Ordinance, for the following described properly: To reduce the required side yard setback on a comer lot from 17.5 feet to 5 feet to permit an existing encroachment for the garage on Lot 12, Block 6, Donnay's Lakeview Addition, generally located at 5684 Jackson Street IT IS ORDERED that a variance be granted as upon the following conditions or reasons: Approved with no stipulations. See attached December 22, 1999, Appeals Commission minutes. STATE OF MINNESOTA COUNTY OF ANOKA CITY OF FRIDLEY OFFICE OF THE CITY CLERK 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 subscribed my hand at the City of Fridiey, Minnesota, in the County of Anoka on the � day of �.u- ,�-9-� —. �,De� � DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 1 P Debra A. Skogen, City Clerk .�,. • ° ° "' � � ` '� :�, `" �.. � (`,��ePA4a��ai', ' "° ��e �,. .. ' ,�.� a . . � r � o � f-: . e � - ` � � . ',U' . � � � �s� / 4'61 tl = �.ar� CvA j , .r • .� '� ,�+.^/l��Gls�b-� F �, , ds f,, ';i. � „�r.+I � $.t� ' ' "•; . , r$.� ''�,+v` •; P` r/ � , � •�r,� yi i y� l ` [.� Y'� a••O 4• 4 �� - �! at0 •OQa.4�oe 2q-.• .. f1��,:'e,�.". Variances are valid for a period of one year following approval and shall be considered void if not used within that period. � �T J APPEALS COMMISSION MEETING, DECEMBER 22, 1999 PAGE 6 13)Code required 5 feet sidewalk easement shall be granted along the entire west edge of the property. 14)Petitioner shall comply with all County, State, and Federal regulations, regarding disposal of fluids, batteries, and other materials. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Kuechle stated that this goes to City Council on January 3`d of 2000. 2. PUBLIC HEARING: CONSIDERATION OF VARIANCE REQUEST. VAR #99- 34, BY THE CITY OF FRIDLEY: Per Section 205.07.03.D.(2).(d).(1) of the Fridley Zoning Code, to reduce the required side yard setback on a comer lot from 17.5 feet to 1 foot to permit an existing encroachment for the garage on Lot 17, block 6, Donnay's Lakeview Addition, generally located at 5685 Quincy Street. MOTION by Dr. Vos, seconded by Mr. Jones, to combine items 2 and 3. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. PUBLIC HEARING: CONSIDERATION OF VARIANCE REQUEST. VAR #99- 35. BY THE CITY OF FRIDLEY: Per Section 205.07.03.D.(2).(d).(1) of the Fridley Zoning code, to reduce the required side yard setback on a comer lot from 17.5 feet to 5 feet to permit an existing encroachment for the garage on Lot 12, Block 6, Donnay's Lakeview Addition, generally located at 5684 Jackson Street. - MOTION by Dr. Vos, seconded by Mr. Jones, to waive the reading and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTIO(V CARRIED UNANIMOUSLY. Mr. Hickok stated that the City is requesting variances be granted to properties located at 5684 Jackson Street and 5685 Quincy Street to correct non-conformities resulting from the relocation of Carrie Lane. Variance #99-34 is to reduce the required side yard setback for a garage on a corner lot from 17.5 feet to 1 foot at 5685 Quincy Street. Variance #99-35 is to reduce the required yard setback for a garage on a comer lot from 17.5 feet to 5 feet at 5684 Jackson Street. Mr. Hickok stated the Code requires 17.5 foot setbacks on comer lots for these situations. The property at 5685 Quincy Street was platted in 1955, the home was built in 1956, and the garage was built in 1962. The property at 5684 Jackson Street was platted in 1955, the home was built in 1956, the garage was built in 1957, and a garage addition was built in 1963. Staff has determined that the relocation of Carrie Lane has caused undue hardship to these properties in relation to the setback of the garages. APPEALS COMMISSION MEETING, DECEMBER 22, 1999 PAGE 7 Prior to Medtronic purchasing the neighboring properties to the south, these were not comer lots, which would have required 17.5 feet setbacks from the property lines. Staff recommends approval of these variance requests due to the very unique situation creating these non-conformities. Staff recommends approval of these variance requests. The granting of these variances should not set any precedent to grant variances of these dimensions in the future. Dr. Vos asked if there were curb cuts off Carrie Lane as well as curb cuts off Jackson Street. Mr. Hickok stated that is correct. MOTION by Dr. Vos, seconded by Mr. Jones, to close the public hearing. UPON A VOICE VOTE, ALL VOTIIVG ls►YE, CiiAIRPERSON KIJECHLE DECLAI2ED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 8:00 P.M. Dr. Vos stated that in the report, it was noted that there must be more than five feet from the street to the garages. Mr. Hickok stated that was correct. Those setback dimensions are very similar to the previous conditions to where the road was. MOTION by Dr. Vos, seconded by Mr. Jones, to approve Variance Request, VAR #99- 34. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Mr. Jones, seconded by Dr. Vos, to approve Variance Request, VAR #99- 35. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHL.E DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. UPDATE ON PLANNING COMMISSION AND CITY COUNCIL ACTIONS: Mr. Hickok gave a verbal update on Planning Commission and City Council actions. 5. OTHER BUSINESS: Mr. Hickok stated that he wanted to thank the Appeals Commission for a wonderful 1999. The Commission reviewed 35 variances, which is a great number, and there were a lot of difficult cases. Staff appreciates the Commission's efforts to get through those and get a recommendation for City Council. He wanted to wish them all the best for the year 2000. TORRENS pZ�, �%�� ❑ Certfied Copy Recei t# l Date Mailed pJA�m� � 2�0 /%? �� ❑ Ta�c Liens / Releases Doc. Order ` of � ❑ Multi-Co Doc Tax Pd ✓ by: Recordability: _�� ❑ Transfer ❑ New Desc. !q� ❑ Division ❑ GAC Filing Fees: ❑ Status ❑ Def. Spec Well CeRficate Received this Date: ❑ Other -�idv Change Refund RecY # ' Notes: From �/OO p � # of � Comp. Cert. # O New Certs.: Entry (j Tract Comp. Typed ' `� Updated: / Complete BK �� PG °�t�� NO Ia�Sg 3�,�92�6.� i�9�� F�tl�l��Y C��Y �� VA��ti� ��ICK��N 643`� U�1I V�RS �TY �4V� �1� F�IDL�Y• ��1 �5432 ti DOCUMENT N0. 3 4 8 92 6. 0 TORRENS ANOKA COUNTY MINNESOTA I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS FlLED IN THIS OFFICE FOR RECORD ON JAN 2 7 2 O O O AT 5: O O PM AND A DU Y ECORDED. FEES AND TAXES IN THE AMOUNT OF $� �'�� PAID. RECEI�NO. 2000009231 EDWARD M. TRESKA AIVOKA COUN7Y PROPEE�D'JAX ADMIN/STRATOR/RECORDER/RfGISTRAR OF TITLES KHJ BY DEPUIYPROPERIYTAX ADMINISTRATOR/RECORDER/REGISTRAR OFTITLES ;:�;�: _ CIIYOF FRIDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 •(612) 571-3450 • FAX (612) 571-1287 APPEALS COMMISSION ACTION TAKEN NOTICE January 5, 2000 City of Fridley 6431 University Avenue Fridley, MN 55432 On December 22, 1999, the Fridley Appeals Commission officially approved a request for variance, VAR #99-35, to reduce the side yard setback on a comer lot from 17.5 feet to 5 feet to permit an existing encroachment for the garage on Lot 12, Block 6, Donnay's Lakeview Manor Addition, generally located at 5684 Jackson Street � � Paul Bolin Planner cc: Charles and Joann Haussler 5684 Jackson Street Fridley, MN 55432 APPEALS COMMISSION MEETING, DECEMBER 22, 1999 PAGE 6 13)Code required 5 feet sidewal easement shall be granted along the entire west edge of the property. 14)Petitioner shall comply with all disposal of fluids, batteries, and , State, and Federal regulations, regarding materials. UPON A VOICE VOTE, ALL VOTINd� AYE, CHAIRMAN KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY.� Mr. Kuechle stated that this goes to 2. ncil on January 3� of 2000. 34. BY THE CITY OF FRIDLEY:--�� --� — Per Section 205.07.03.D.(2).(d).(1j` of the Fridley Zoning Code, to reduce the required side yard setback on a comer lot from 17.5 feet to 1 foot to permit an existing encroachment for the garage on Lot 17, block 6, Donnay's Lakeview Addition, generally located at 5685 Quincy Street. ; MOTION by Dr. Vos, seconded by Mr. Jones, to combine items 2 and 3. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. PUBLIC HEARING: CONSIDERATION OF VARIANCE REQUEST. VAR #99- 35. BY THE CITY OF FRIDLEY: Per Section 205.07.03.D.(2).(d).(1) of the Fridley Zoning code, to reduce the required side yard setback on a comer lot from 17.5 feet to 5 feet to permit an existing encroachment for the garage on Lot 12, Block 6, Donnay's Lakeview Addition, generally located at 5684 Jackson Street. MOTION by Dr. Vos, seconded by Mr. Jones, to waive the reading and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Hickok stated that the City is requesting variances be granted to properties located at 5684 Jackson Street and 5685 Quincy Street to correct non-conformities resulting from the relocation of Carrie Lane. Variance #99-34 is to reduce the required side yard setback for a garage on a comer lot from 17.5 feet to 1 foot at 5685 Quincy Street. Variance #99-35 is to reduce the required yard setback for a garage on a comer lot from 17.5 feet to 5 feet at 5684 Jackson Street. Mr. Hickok stated the Code requires 17.5 foot setbacks on comer lots for these situations. The property at 5685 Quincy Street was platted in 1955, the home was built in 1956, and the garage was built in 1962. The property at 5684 Jackson Street lot was platted in 1955, the home was built in 1956, the garage was built in 1957, and a garage addition was built in 1963. Staff has determined that the relocation of Carrie Lane has caused undue hardship to these properties in relation to the setback of the garages. APPEALS COMMISSION MEETING, DECEMBER 22, 1999 PAGE 7 Prior to Medtronic purchasing the neighboring properties to the south, these were not comer lots, which would have required 17.5 feet setbacks from the property lines. Staff recommends approval of these variance requests due to the very unique situation creating these non-conformities. Staff recommends approval of these variance requests. The granting of these variances should not set any precedent to grant variances of these dimensions in the future. Dr. Vos asked if there were curb cuts off Came Lane as well as curb cuts off Jackson Street. Mr. Hickok stated that is correct. MOTION by Dr. Vos, seconded by Mr. Jones, to close the public.hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 8:00 P.M. Dr. Vos stated that in the report, it was noted that there must be more than five feet from the street to the garages. Mr. Hickok stated that was correct. Those setback dimensions are very similar to the previous conditions to where the road was. � MOTION by Dr. Vos, seconded by Mr. Jones, to approve Variance Request, VAR #99- 34. UPON A VOICE VOTE, ALL VOTING AYE, GHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Mr. Jones, seconded by Dr. Vos, to approve Variance Request, VAR #99- 35. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. � Mr. Hickok gave a verbal update o�i Planning Commission and City Council actions. 5. OTHER BUSINESS: Mr. Hickok stated that he wanted to t ank the Appeals Commission for a wonderful 1999. The Commission reviewed 35 riances, which is a great number, and there were a lot of difficult cases. Staff appr ciates the Commission's efforts to get through those and get a recommendation for Ci Council. He wanted to wish them all the best for the year 2000. City of Fridley Land Use Application VAR-99-34 & VAR 99-35 December 15, 1999 GENERAL INFORMATION SPECIAL INFORMATION Applicant: City of Fridley Requested Action: Variances to conect recently created non-conformities. E�cisting Zoning: R-1 Location: (VAR #99-34) 5685 Quincy Street (VAR #99-35) 5684 Jackson Street Lot Size: both lots are 75' X 135' 10,125 sq. ft. .23 acres E�sting Land Use: Both lots contain SF homes & garages. Surrounding Land Use & Zoning: N: Homes & R-1 E: Homes & R-1 S: Medtronic & S-2 W: Homes & R-1 Comprehensive Plan Conformance: Consistent with existing Plan. Zoning Ordinance Conformance: Sec. 205.07.03.D.(2).�.(1) requires a minimum sideyard setback of 17.5' for corner lots. Properiy �iistories: 5685 Quincy Street Lot originally platted in 1955. Home built in 1956. Garage built in 1962. 5684 Jackson Street Lot origina.11y platted in 1955. Home built in 1956. Garage built in 1957. Garage add'n in 1963. Legal Description of Property: 5685 Quincy Street Lot 17, Blk 6, Donnays Lakeview Add. 5684 Jackson Street Lot 12, Blk 6, Donnays Lakeview Add. January 3, 1999 Public Utilities: Located near the site. Transportation: Homes are accessed VIA Jackson Street & Quincy Street. Physical Characteristics: Typical suburban lots. SiJNIlVIARY OF REQUEST The City of Fridley is requesting that the Appeals Commission grant variances to the properties located at 5684 Jackson Street and 5685 Quincy Street. Variance request VAR #9 34 is to reduce the required side yard setback, for a garage on a corner lot, from 17.5' to 1' at 5685 Quincy 5treet. Variance request VAR #9� � r� 35 is to reduce the required side yard setback, for a garage on a comer lot, from 17.5' to 5' at 5684 Jackson Street. SUMMARY OF HARDSHIP Planning staff has determined that the relocation of the Quincy / Jackson connector, Carrie Lane, has caused undue hardship to these properties, in relation to the setback of the garages. Prior to Medtronic purchasing neighboring properties to Y1ie south, these were not corner lots requiring 17.5' of setback from the side property line. SUMMARY OF ANALYSIS City Staff recommends approval of these variance requests. Due to the very unique situation, creating these non-conformities, staff recommends approval of these variance requests. It should be noted that the granting of these variances should not set any precedent to grant variances of these dimensions in the future. Staff Report Prepared by: Paul Bolin VAR #99-34 & VAR #99-35 ANALYSIS The City of Fridley is requesting that the Appeals Commission grant variances to the properties located at 5684 Jackson Street and 5685 Quincy Street. Variance request VAR #99-34 is to reduce the required side yard setback, for a garage on a corner lot, from 17.5' to 1' at 5685 Quincy Street. Variance request VAR #99-35 is to reduce the required side yard setback, for a garage on a corner lot, from 17.5' to 5' at 5684 Jackson Street. As part of the master plan process for the Medtronic Corporate Campus it was determi.ned that the alignment of the former Bridgewater Drive should be aligned in a straight east-west manner, thus causing the relocation of Carrie Lane. The City Council approved the vacation of Carrie Lane, a portion of Jacicson Street, and Quincy Street on May 24, 1999. The vacation application was approved subject to several stipulations which required the relocation and reconstruction of Carrie Lane after Medtronic acquired seven single family homes. At the time of the vacation it was recognized the reconstruction of Carrie Lane would cause these existing garages to be non- conforming. Because the variances are necessary as a result of these events, the City is the petitioner on behalf of the property owners. Planning staff has determined that the relocation of the Qui.ncy / Jackson connector, Carrie Lane, has caused undue hardship to these properties, in relation to the setback of the garages. Prior to Medtronic purchasing neighboring properties to the south, these were not corner lots requiri.ng 17.5' of setback from the side property line. Visiti.ng the site, staff determined that the elcisti.ng location of the garages would not ha.ve a negative impact on neighboring properties or on traffic site lines. The garage at 5684 Jackson will be located 25'2" back from the curb. The garage at 5685 Quincy will be located 21'S" back from the curb. The Medtronic buildings, which are the nearest neighbors to the south, will not be impacted by the granting of these variances. RECOMNN�NDATIONS City Staff Yecommends approval of these vatzance Yequests. Due to the very unique situation, creating these non-conformities, staff recommends approval of these variance requests. It should be noted that the granting of these variances should not set any precedent to grant variances of these dimensions in the future. e •. �¢�r S�G-�`°"' _ / �.-1 ��/ /`�� Si. Gl..ifl � �.�+ ��.c/`- C '� C" � � �--- �� !:• ( T r `� `'„\ Zv S-o?.o3.1�.iz).(,c).�I��` z��i,�� - � : � 11. � -f -o -S � ,� �a � �c.S� � S��z �a - - -- __._ _ __ ._ - -, - - - �i? �-��:•-'-;� /'c�c�<<..�r,( -s,_� �,;� _5-�-�S�c::,1C ."o�.. _�-�z v�..a.r-- �03- - -- - .._ _ _ .�'� � ,�.� � l7 - S � f v � � -� � Sb8 S fs�. � r.. � �.,...�.. . �- __.____ • — �--�--- . +— - ------ -- � � �., _�..�_---•---- -- - - - ----- —� _ - ----- --.. . - -- -. - - f-------. .- -- ----�--_ _..... � �'._ ._ . ---- -- -._. _ . ____. __ �\ _9 - -- --- ---'- -.. . - -- -1 -- -�- - --- - �° cirr oF Fw��r 6431 UNNERSITY AVENUE FRIDLEY� MN 55432 (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT VARIANCE APPLICATION FOR: Residentiai Commercial/lndustrial Si�ns Address: Current �oning: �L- Reasor for Variance: - site for submittal, Have you operated a business in a city which required a business license? Yes No If Yes, which city? If Yes, what type of business? Was that license ever denied or revoked? Yes No �r.v�.^r�rn..�rrr.�r.�r�r.�rr�..�r.v.v.�r.rnr�.^.�r�r�vrwr.rn.w.wrrr.�r.�.r.�.rrr�.�.r�.�rr.�.rrw.r^r�.^.�+.�r�.wrnrw.wrw.nr.�r.�..vnr FEE OWNER INFORMATION (as it appears on the property title) (Contract purchasers: Fee owners must sign this form prior to processing) NAME: ADDRESS: DAYTIME PHONE: SIGNATURE/DATE: Ar�r/�I�ViV�V^r�IlVM�V�V�Ur^//�rM�VN�V�V�V�V�V�VA/�INiV�Vti�V�V�V�V�V�V�V�V�V�V�V.V�VAr�VAVIVtiN�VN.V V�V�rV1V'V 1V�V/V�V�V�V�V�V�V �I�+�Ll� DAYTIME PHONE: Se�tion of City Code: `�� FEES Fee: $100.00 for commercial, industrial, Fee: $60.00 for residential properties: � Application Number: �� :� " � �/�j-- Scheduled Appeals Commissio Date: � Scheduled City Council Date: ��.�P'�° 10 Day Applic�ion� C��mp ete Not' �ca 60 Day Date: � ` SIGNATURFJDATE: signs: �,_Receipt #: Received By: Date: � ,/ / • . � � � � � . � � 5 � '" , . c� .o�� J �' �.. � � � �� O � ■� ■� � � � LL U .� �� . � � � �� . � .� U � � � -. . �. m ... w m J C N Y W H C O Q d O � C. H � � 0 m O � O � A1 � m 'Q •m O � Q FW � N H C � �. C �� m 0 � y � � Q � . •C. � �� +� � ' � V �. � , ' ' � � E =�a . o �,. � � a ° - ; m 'o � O.. � N � J C 0 Q � m � Q � � 0 m ' s � , , . i r • �h 1 �. � �' 'v °1 c � � O �U � � O y C �y ~ � � R � � � � � � �� ___��_ H � V m m v� �a � > a U CN � C m m'C N ��° w � Ny �� E ° m =��= �a'�m � o '`r Q. a� � �° n. 'c o�c �iv °1c,..m i o o �cc`i��n°i'cmEm a� �como—mo oa � U z a>>�a�N�Ucn o � ° . � Qo � ��/°-� � a QaV/�� . f r .� ,., � c, 2 0 , s 0 � � � 'C �. C � � � C W �. �+ O C Q � U � tQ � ------------ E �'� � m � o°'. o " N Q � 1 , . 'I � � �s • I ��-' VARIANCE APPLICATION SUBMISSION CHECKLIST The following shall be the minimum submission requirements to the Appeals Commission. Applications will not be accepted if the following is not submitted: ITEM Completed application, with fee (Application is considered complete if all blanks are completed, and both fee owner and petitioner have signed) Scaled site plan of property showing north arrow, existing and proposed structures, lot and block number, adjacent street names, and buildings on adjacent lots within 10 feet of the common lot lines. Elevation of building and description of materials. Narrative of COMPLETE COMMERCIAL AND INDUSTRIAL: ITEM SUBMITTED RECEIVER'S COMPLETE REVIEWER'S INITIALS INITIALS Completed application, with fee (Application is considered complete if all blanks are completed, and both fee owner and etitioner have si ned - Scaled site plan of property showing north arrow, existing and proposed structures, lot and block number, adjacent street names, and buildings on adjacent lots within 10 feet of the common lot lines. Elevation of building and description of materials. Landscape plan for all projects requiring a parking lot expansion of four (4) or more s aces. Gradin and draina e lan. Erosion control lan. Calculations for stormwater runoff: } C VARIANCE APPLICATION SUBMISSION CHECKLIST, PAGE 2 ITEM SUBMITTED RECEIVER'S COMPLETE REVIEWER'S INITIALS INITIALS a. undeveloped condition b. existing condition � c. ro osed condition Calculations for excavation and/or fill. Utility Map: (If item is nonexistent, note on plan) Water: size and type of a. existing mains b. existing services c. proposed services d. hydrants e. valves f. fire services � Sewer: size and type of a. existing mains b. existing services c. proposed services . d. manholes and lampholes � e. elevations (inverts and top of castings) Storm: size and type of a. existing mains b. existing services c. proposed services d. manholes and lampholes e. elevations (inverts and top of castings f. existing catch basins ro osed catch basins ITEM � susMITre� Completed application, with fee (Application is considered complete if all blanks are completed, and both fee owner and petitioner have signed) Drawing of proposed sign. Scaled site plan showing location of sign, or building elevation if wall sign. Written response to Section 214.21.02 of the Siqn Code. .._�, ` VARIANCE APPLICATION SUBMISSION CHECKLIST, PAGE 3 Items are required to be submitted in three (3) full-size copies, with one (1) 8'/" x 11° reduction. The City reserves the right, based on a case by case analysis, to waive any of the above requirements. Vcaicmce - What is it? 1 � � � � , �� Vcuicmce: An exception gramted by the City Council from the litercil provisions of the zoning ordincmce, where there cae unique conditions that do not apply to the area in generc�d. Putting it simply, a vcaicmce is a deviation from zoni.ng requirements. � c-T_--:---. . � — �- ._::;�j„ A REDUCED SETBACK �VAS i � • �.;�'.'a APPROVEDDUETOTHE i ••••'��'`='� �'�'"��-"� y SEVERE SLOPE OV THIS SIfE REDUCED � � ��' �'� �:�: � �: i SETBACSC VARIANCE . �:1.�,� � .STANDARD SETBACK :�:�::� :=� . '�: �=� ! . ; The Appeals Commission is given the power to review vcaicmce requests. The Laws of Minnesota have given the Appeals Commission tt�e following responsibilities: 1. To hem� cmd decide cippeals where it is cicdmed that there is a mistake in cmy order, requirement, decision, or deternoination made by a City Officicrl in enforcing the zoning ordincmce. � 2. To hecQ vcaicmce requests where strict enforcement of the code would cause undue hardshin because of conditions unique to the property, cmd to grcmt these requests when it is shown that the grcmting of the vc�ricmce will be in keeping with the intent of the ordincmce. What is undue hcadship? Undue hcnrdship is defined by the law Qs: 1. The property ccmnot be put to reasonarble use if used under the requirements of the code. 2. The need for the vcQicmce is due to the conditions unique to the property cmd not created by actions of the lcmdowner. 3. The vaa icmce, if grcmted, will not alter the chaa�acter of the neighborhood. Money alone shcrll not constitute a hardship if rearsonable use of the�property exits under the requirements of the code. The appliccmt should review ccll possible alternatives which would meet the code requirements prior to applying for a varicmce. W�� a sufficient haa�dship statement from the appliccmt, the smallest possible vcuicmce should be requested. 24 Ai f V CE PROCES S � The VcQicmce (or Appeals) process begins by filling out a VARIANCE APPLICATION. This, with a site plan, hcu�dship statement, and other appropriate drawings, must be submitted to the Plcmning stc�f. A fee is associated with the application; $60 for residenticxl applicaiions, $100 for commercial, industrial, cmd sign applications. Fees rae non-refundable. Once the applicartion is received, the application is reviewed by stc�f from the Plcmning, Engineering, Assessing, F'ue, cmd Police Depc�hnents. The impacts to adjacent properties cQe discussed, cmd stipulations cQe developed. Simultcmeously, a mcaling list of all properties witY�in a 350 foot radius of the property is generated. Notices of the request cue sent to these property owners. There is approximately three weeks between the application due date cmd the Appeals Commission meeting. Prior to the meeting of the Appeads Commission, a stc�f report is written, cmd the petitioner called regarding the sta�f recommendation. Typically, if there has been a similcu request previously approved, stcdf mcikes no recommendation regcading the request. If the appliccmt has a number of alternartives which do not require a vmicmce, those will be pointed out to the City Council. A recommendartion of denicrl may also be made if the request is beyond previously approved requests or if the request is a substcmtial depaa�ture from the code. The AppeQls Commission is made up of five residents of the community. The meetings cQe held the second cmd fourth Wednesdays of the month at 7:30 pm in the Council Chcanbers in the Municiperl Center. The Appeals Commission has the authority to make the final decision regarding residenticd vcaicmce requests, if there cace no neighborhood objections cmd if the appraving motion is passed unaaiimously. All commercial, residenticzl, cmd sign vcaicmces must be approved by the City Council. � � Additioncrl information regcQding the Vca�iamce Process may be obtcrined by calling the City of Fridley Plaau�ing Depcartrnent at 572-3599 or 572-3593. 25 _ ;� SIGN VARIANCE CONDITIONS For Sign Variances, per Section 214.21.02 of the City Code, it is the responsibility of the applicant to prove: � A. That there are exceptional or extraordinary circumstances applicable to the property or to the intended use that do not apply generally to other property in the same vicinity and district. B. That the variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and district; but which is denied the property in question. C. That the strict application of this Chapter would constitute an unnecessary hardship. D. That the granting of the variance would not be materially detrimental to the public health, safety, or general welfare or detrimental to the property in the vicinity or district in which the property is located. CITY OF FRIDLEY PUBLIC HEARING NOTICE BEFORE THE APPEALS COMMISSION TO: Residents within 350 feet of 5685 Quincy Street CASE NUMBER: VAR #99-34 APPLICANT: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 Petitioner or representative must be at meeting. PURPOSE: To reduce the required side yard setback on a comer lot from 17.5 feet to 1 foot to permit an existing encroachment for the garage LOCATION OF PROPERTYAND 5685 Quincy Street LEGAL DESCRIPTION: Lot 17, Block 6, Donnay's Lakeview Manor Addition DATE AND TIME OF Appeals Commission Meeting, Wednesday, December 22, HEAR/NG: 1999, 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 HEARING: 6431 University Avenue HOW TO 1. You may attend hearings and testify. PARTICIPATE: 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. SPECIAL 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 December 17, 1999. ANY QUESTIONS: Contact Scott Hickok, Planning Coordinator, at 572-3599, or Paul Bolin, Planner, at 572-3593. Mailing Date: December 15, 1999 i�NGLER MARY JO M LOCKER JAMES W& VIRGINIA E PETERSON ROY C 8 ALICE D 5655 JACKSON ST NE 5664 JACKSON ST NE 5665 JACKSON ST NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 HESSEVICK FLOYD H 8� M M 5665 QUINCY ST NE FRIDLEY, MN 55432 GRIFFITH EDWARD G 8� T M 5675 QUINCY ST NE FRIDLEY, MN 55432 LASSEN GARY L& CARLA R 5685 QUINCY ST NE FRIDLEY, MN 55432 YOUNG RICHARD F& DAWN E 5695 QUINCY ST NE FRIDLEY, MN 55432 GORDIER ROBERT L& E M 5705 QUINCY ST NE FRIDLEY, MN 55432 PETERSON BEATRICE G 5715 JACKSON ST NE FRIDLEY, MN 55432 LAWLER DANIEL G 5724 W MOORE LAKE DR NE FRIDLEY, MN 55432 TEAGUE DAVID C& HANSON K M 5734 JACKSON ST NE FRIDLEY, MN 55432 WEEKS EARL P& SYLVIA M 5674 JACKSON ST NE FRIDLEY, MN 55432 HAUSSLER CHARLES G & JOANN 5684 JACKSON ST NE FRIDLEY, MN 55432 DRINKWINE DENNIS �� 5694 JACKSON ST NE FRIDLEY, MN 55432 SCHACK BETTY L 5704 JACKSON ST NE FRIDLEY, MN 55432 KRUIZE ELMER P 8� IRENE A 5714 JACKSON ST NE FRIDLEY, MN 55432 JORGENSEN WALLACE H 8 N J 5715 QUINCY ST NE FRIDLEY, MN 55432 DUAX ROGER P& DARLA K 5725 JACKSON ST NE FRIDLEY, MN 55432 GRAF FREDERICK C& RUTH L 5734 W MOORE LAKE DR NE FRIDLEY, MN 55432 JOHNSON JAYCE C 8� NAWAL S 5675 JACKSON ST NE FRIDLEY, MN 55432 SEABERG DOROTHY G 5685 JACKSON ST NE FRIDLEY, MN 55432 ANDERSEN NORA M 5695 JACKSON ST NE FRIDLEY, MN 55432 CURRENT RESIDENT 5705 JACKSON ST NE FRIDLEY, MN 55432 HAIDLE ROSS E& ADELINE M 5714 W MOORE LAKE DR NE FRIDLEY, MN 55432 GUSE GERALD H& INGRID K 5724 JACKSON ST NE FRIDLEY, MN 55432 BLOUIN JAMES M 8� MARLENE K 5725 QUINCY ST NE FRIDLEY, MN 55432 LUTHER K& REICHEL J M 5735 JACKSON ST NE FRIDLEY, MN 55432 RUST DAVID WILLIAM $ NORMA FRIDLEY HRA SMITH RICKY & MARY M 5735 QUINCY ST NE 6431 UNIVERSITY AVE NE 665 57TH AVE NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 KNIGHT KENNETH L& HELEN L ROZEK STEPHEN A 8 JANEL F ABBOTT AMOS W& JANETfE B 670 57TH AVE NE 670 HELENE PL NE 675 5TTH AVE NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 JEDLENSKI SYLVESTER 8� D L 680 57TH AVE NE FRIDLEY, MN 55432 SPICZKA THERESIA 690 57TH AVE NE FRIDLEY, MN 55432 CLINE DAVID M& KAREN A 700 57TH AVE NE FRIDLEY, MN 55432 CURRENT RESIDENT Bad Address 2 FRIDLEY, MN 0 SANDBERG DARYL A& JOYCE I 680 HELENE PL NE FRIDLEY, MN 55432 GRIFFITH ELLIS DEAN & JANET 690 HELENE PL NE FRIDLEY, MN 55432 PYKA MICHAEL J& YVETTE T 700 HELENE PL NE FRIDLEY, MN 55432 HONDL EDWARD H& DORIS M 685 57TH AVE NE FRIDLEY, MN 55432 MORRIS THOMAS E& LUCY A 695 57TH AVE NE FRIDLEY, MN 55432 CURRENT RESIDENT Bad Address 1 FRIDLEY, MN 0