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AF-V - 47220�}�� I llllll lllll lllll lllll lllll lllll lllll llll llll .t Record ID 1520756 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF FRIDLEY ) ) ) In the Matter of: A Variance, VAR #05-02 Owner: Roger A. Nawrocki and Gwen E. Nawrocki 1972732.413 APPEALS COMMISSION PROCEEDINGS VARIANCE The above entitled matter came before the Appeals Commission of the City of Fridley and was heard on the 26th day of January, 2005, on a petition for a variance pursuant to the City of Fridley's Zoning Ordinance, for the following described property: To reduce the rear yard setback from 28 feet to 17.3 feet to correct an existing non-conformity and to allow the conversion of a three season porch to a four season porch, legally described as Lot 23, Block 4, Melody Manor 3�d Addition, subject to easement of record, generally located at 7310 Jackson Street NE. IT IS ORDERED that a variance be granted as upon the following conditions or reasons: Approval with finro stipulations. See Appeals Commission meeting minutes of January 26, 2005. STATE OF MINNESOTA COUNTY OF ANOKA ) ) CITY OF FRIDLEY ) OFFICE OF THE CITY CLERK , 1 • N � 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 Fridley, Minnesota, in the County of Anoka on the �,�d day of ����t����,�"�, 2005. DRAFTED BY: City of Fridley , 6431 University Avenue N.E. ,, � 1'�� � ��,� Fridley, MN 55432 Debra A. ogen, City Clerk� �;, --��, `v ��, . � , : ��v ; , > ° z <:• -,� _ � .` ' � r- (S�AC) �;� � �� ;� I ^ .E',' . ,; , : ";����c°.�. � , �,�. Variances are valid for a period of one year following approval and shall be considered vati;�.�ifi•�ibt u9e� wfithin that period. i�� .,- ;°,;1�� � i '� , .� �, - -� �_: �• �r CITY OF FRIDLEY APPEALS COMMISSION MEETING JANUARY 26, 2005 CALL TO ORDER Chairperson Kuechle called the Appeals ROLL CALL Members present: Ken Vos, Others present: Scott Hic Stacy Str Rebecca Fred B Roger Greg a ssion meeting to order at 7:30 p.m. Kuechle, Blaine Jones, Brad Sielaff, and Gary Zinter. o , Community Development Director � berg, City Planner razys, Recording Secretary ning, Petitioner I Gwen Nawrocki, 7310 Jackson Street, Petitioner ek, 1383 76�' Avenue, Petitioner Mr. Sielaff requested the rfiinutes be corrected to reflect his correct first name, Brad. MOTION by Comm the January 12th mE UPON A VOICE VQ MOTION CARRIED PUBLIC HEARINGS: �r Zinter, seconded by Commissioner Jones, to approve the minutes of as corrected. ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE 4NIMOUSLY. . 1. Variance reauest VAR #05-02 bv Saw Horse Construction (Roaer � Gwen Nawrocki — ownerl. Consideration of a variance to reduce the rear vard setback from 28 feet to 17.3 feet to correct an existina non-conformitv and to allow the conversion of a three season porch to a four season porch, qenerallv located at 7310 Jackson Street NE. MOTION by Commissioner Zinter, seconded by Commissioner Jones, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 7:32 P.M. Ms. Stromberg stated that Fred Brunning of Sawhorse Construction, on behalf of the � homeowners at 7310 Jackson Street, is seeking a variance to reduce the rear yard setback from 28 feet to 17.3 feet to correct an existing non-conformity, which is the existing rear yard setback of the three season porch and to allow the three season porch to be converted to a four season porch. - Ms. Stromberg reviewed the summary of hardship submitted by the petitioner as follows: "Sawhorse Construction believes that the conversion of the Nawrocki's 3 season room to a 4 season room is a reasonable use of their property. The location of the lot, abutting a yF t E f i.: � � y�L CITY OF FRIDLEY APPEALS COMMISSION MEETING, JANUARY 26, 2005 Page 2 of 5 commercial proper�y, the lot size, and the pre-existing 3 season porch inside the 25% setback do not generally apply to other properties in the area and were not hardships created by the Nawrocki's.° Ms. Stromberg explained this property is zoned R1 Single Family as are all surrounding properties. Grace Evangelical Lutheran Church abuts the subject property to the west. The existing house and garage were constructed in 1969. A permit was also issued in 1983 to allow the construction of the three season porch. When this porch addition was constructed, it was deficient in meeting the required rear yard setback. Consequently, the petitioners are seeking a variance to recognize this existing non-conformity. City code requires a rear yard setback, Ms. Stromberg stated, with a depth of not less than 25% of the lot depth. In the petitioner's case, the minimum rear yard setback is 28 feet. The petitioner is requesting to reduce the required rear yard setback to 17.3 feet, which will recognize the existing non-conforming three season porch and will allow them to convert the existing parch into a four season porch.__ _ _ Ms. Stromberg stated staff has received no comments from neighboring property owners. Ms. Stromberg also stated that staff has no recommendation as similar variances have been granted in the past: • VAR #02-16 6065 McKinley Street — to reduce the rear yard setback from 32 feet to 14 feet to allow the construction of a house/garage addition. • VAR #01-03 36 70�' Way — to reduce the rear yard setback from 33.5 feet to 20.6 feet to recognize an existing non-conformity. Mr. Stromberg further explained that staff recommends if the variances are granted, the following stipulations be attached: 1. Petitioner shall obtain all necessary building permits prior to conversion of porch. 2. Porch shall be architecturally compatible with the existing home and finished with complementary siding and color scheme. Commissioner Sielaff asked if the city inspected the 3 season porch when it was constructed. Ms. Stromberg stated a building permit was issued and inspections did take place, but the porch was deficient in meeting the setback requirements at the time which may have just been - overlooked: - •-- : - --,- - --- --- - - — --- --_� _ - Commissioner Jones questioned why the variance isn't for the 15.4 foot distance from the deck. Ms. Stromberg explained that decks are allowed to encroach info the rear yard setback. Commissioner Sielaff asked if the conversion from a three season to a four season porch will affect the exterior making it closer to the rear yard line. Ms. Stromberg stated it will not. Fred Brunning. Sawhorse Construction, stated he is representing the homeowners Gwen and Roger Nawrocki, and they have no objections to the staff's recommendations on this matter. He explained they will not be increasing the outside dimensions of the porch. 3 � � x � � �'.. v � w Y. � CITY OF FRIDLEY APPEALS COMMISSION MEETING, JANUARY 26, 2005 Page 3 of 5 MOTION by Commissioner Voss, seconded by Commissioner Jones, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE PUBLIC HEARING CLOSED AT 7:43 PM. Commissioner Vos stated he had viewed the petitioner's property and this appears to be a reasonable request; the proposed change will not encroach any further on the neighbor, and the lot is very short. Commissioner Sielaff, Commissioner Jones, Commissioner Zinter and Chairperson Kuechle all stated they had no objections to this proposal. MOTION by Commissioner Jones, seconded by Commissioner Vos, to approve VAR #05-02 for Saw Horse Construction to reduce the rear yard setback from 28 feet to 17.3 feet to correct an existing non-conformity and to allow the conversion of a three season porch to a four season porch, generally located at 7310 Jackson Street NE, with the following stipulations: 1. Petitioner shall obtain all necessary building permits prior to conversion of porch. 2. Porch shall be architecturally compatible with the existing home and finished with complementary siding and color scheme. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. 0 MOTION by Commissioner Zinter, �econded by Commissioner Jones, to open the public hearing. � UPON A VOICE VOTE, ALL VOTING �YE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY A D THE PUBLIC HEARING OPENED AT 7:45 P.M. Ms. Stromberg stated the petitioners are s king a variance to reduce the rear yard setback from 29 feet to 16 feet to allow the construct n of a 16 foot by 20 foot living addition off the back of their home, which is located at 1383 76�' A nue. Ms. Stromberg reviewed the summary of hardshi submitted by the petitioner as follows: °We live on a cul-de-sac where the lot is wide in the ba and narrow in the front. Overall our lot isn't very deep which restricts the opportunity for a rear rd addition." Ms. Stromberg explained the property is zoned R-1 Sin le Family as are all surrounding properties. The existing home was constructed in 1968 d the �detached garage was constructed in 1970. City code requires a rear yard setbac with a depth of not less than"25% of the lot depth. In the petitioner's case, the minimum rear y d setback is 29 feet. The petitioner's plan is to construct a 16 foot by 20 foot addition off e back of the house to allow a kitchen expansion on the main floor and a bedroom in the base nt. City staff has received no comments from neighboring properly owners. CITY OF FRIDLEY APPEALS COMM Ms. Stromberg stated staff has no the past: • VAR #02-16 6065 McKinl feet to allow the constructi� . VAR #00-28 1428 Glaciei feet to allow the constructi� Staff recommends that if the varia stipulations be attached: 1. Petitioner shall obtain � 2. Addition shall be archii complementary siding Commissioner Sielaff asked if the Ms. Stromberg respor�detl that a c Greg Wacek, petitioner, stated he explained the entire house will be Chairperson Kuechle asked if the the house. ION MEETING, JANUARY 26, 2005 � Page 4 of 5 as similar variances have been granted in St. — to reduce the rear yard setback from 32 feet to 14 of a house/garage addition. ane — to reduce the rear yard setback from 39 feet to 11 of an addition. is granted, Ms. Stromberg explained, that the following necessary building permits prior to construction of addition. turally compatible with the existing home and finished with d color scheme. garage has to meet the same setback requirement. hed garage can be 3 feet from the side or rear lot line. no objections to the stipulations stated by staff. He ded and re-roofed. had considered placing the addition on either side of Mr. Wacek explained that extending to the north would block the existing detached garage. Extending to the south would not be ossible because the house is 9.9 feet from that lot line. The extension to the rear of the hou e made the most sense. Commissioner Sielaff asked if the pei�tioner will leave the garage detached from the house. Mr. Wacek responded for now it will r ain detached but he may choose to make it attached at some point in the future. He also state he understands if he does proceed with that, the rear yard setback for the house would also pply to the attached garage. MOTION by Commissioner Jones, hearing. UPON A VOICE VOTE, ALL-VOT_ING A PUBLIC HEARING CLOSED AT 7:50 P Commissioner Zinter stated the petitioner's would be in favor of this request. by Commissioner Zinter, to close the public GHAI�2PERSON KUECHLE DECLARED THE Commissioner Jones stated he would also be odd size lots making it difficult to meet setbac Chairperson Kuechle stated this lot is odd variance. Commissioner Sielaff stated the petitioner has property. will be a nice addition to the property and he favor of this request. Cul-de-Sacs do result in making it difficult to expand without a a good job of placing the addition on the .� , � _ i`,._� � .� � - .-�'vOI�.� CC�t �':� TZ' �'�4I:� :1� ES()T.-� . � .� � Document No.: 1972732.()13 �BSTR�CT I hereby certif�� that thz �iithiii iiistruitlent �cas fil�d in tliis office fot• record on: OZ 0�: 2005 1:33:qp p;�1 Fzes `Taxas In the :�notuit of $19. SO A1AL'REEN DE��I:VE Anoka Count�• Propert�� Ta� Admiuistrator'Recorder'Rzgistrar of Titlzs MEVt', Deputy Record ID: 1i2p756 . ,. _ C[1YOF FIZIDL�.Y FRIDLEY MUNICIPAL C�NTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 •(763) 571-3450 • FAX (763) 571-1287 APPEALS COMMISSION ACTION TAKEN NOTICE January 28, 2005 Fred Brunning Sawhorse Construction 4740 North 42"d Avenue North Robbinsdale MN 55422 Dear Mr. Brunning: On Wednesday, Janua .ry 26, 2U05, the Fridley Appeals Commission officially approved your Variance, VAR #05-02, for 7310 Jackson Street NE, to reduce the rear yard setback from 28 feet to 17.3 feet to coRect an existing non-conformity and to allow a three season porch to be converted to a four season porch, legally described as Lot 23, Block 4, Melody Manor 3'� Addition, subject to easement of record, generally located at 7310 Jackson Street NE. Approval of this variance is contingent upon the following stipulations: 1. Petitioner shall obtain all necessary building permits prior to conversion of porch. 2. Porch shall be architecturally compatible writh the existing home and finished with complementary siding and color scheme. 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 763-572-3595. Sincerely, ����'�� �,������ Stacy Str mberg Planner cc: Roger & Gwen Nawrocki Variance File Mary Hintz Stacy Stromberg Please review the above, sign the statement below and retum one copy to the City of Fridley Planning Department by February 15, 2005. Concur with action taken. � ��. �' �`-"4a��J e [f CITY OF FRIDLEY APPEALS COMMISSION MEETING JANUARY 26, 2005 CALL TO ORDER Chairperson Kuechle called the Appeals ROLL CALL meeting to order at 7:30 p.m. Members present: Ken Vos, Lar Kuechle, Blaine Jones, Brad Sielaff, and Gary Zinter. Others present: Scott Hic k, Community Development Director Stacy St mberg, City Planner Mr. Sielaff MOTION by Cor the January 12th UPON A MOTION Rebec Brazys, Recording Secretary Fred running, Petitioner Ro r and Gwen Nawrocki, 7310 Jackson Street, Petitioner Gr g Wacek, 1383 76�' Avenue, Petitioner the minutes be corrected to reflect his coRect first name, Brad. �r Zinter, seconded by CommissionerJones, to approve the minutes of as corrected. VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE ED UNANIMOUSLY. PUBLIC HEARINGS: 1. Variance reauest VAR #05-02 bv Saw Horse Construction (Roaer & Gwen Nawrocki — ownerl. Consideration of a variance to reduce the rear vard setback from 28 feet to 17.3 feet to correct an existinq non-conformitv and to allow the conversion of a three season norch to a four season aorch aenerallv located at 7310 Jackson Street NE. MOTION by Commissioner Zinter, seconded by Commissioner Jones, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 7:32 P.M. Ms. Stromberg stated that Fred Brunning of Sawhorse Construction, on behalf of the homeowners at 7310 Jackson Street, is seeking a variance to reduce the rear yard setback from 28 feet to 17.3 feet to correct an existing non-conformity, which is the existing rear yard setback of the three season porch and to allow the three sea�on porch to be converted to a four season porch. - Ms. Stromberg reviewed the summary of hardship submitted by the petitioner as follows: °Sawhorse Construction believes that the conversion of the Nawrocki's 3 season room to a 4 season room is a reasonable use of their property. The location of the lot, abutting a �_ s - -_ - � , .� CITY OF FRIDLEY APPEALS COMMISSION MEETING, JANUARY 26, 2005 Page 2 of 5 commercial property, the lot size, and the pre-existing 3 season porch inside the 25% setback do not generally apply to other properties in the area and were not hardships created by the Nawrocki's." Ms. Stromberg explained this property is zoned R1 Single Family as are all surrounding properties. Grace Evangelical Lutheran Church abuts the subject property to the west. The existing house and garage were constructed in 1969. A permit was also issued in 1983 to allow the construction of the three season porch. When this porch addition was constructed, it was deficient in meeting the required rear yard setback. Consequently, the petitioners are seeking a variance to recognize this existing non-conformity. City code requires a rear yard setback, Ms. Stromberg stated, with a depth of not less than 25% of the lot depth. In the petitioner's case, the minimum rear yard setback is 28 feet. The petitioner is requesting to reduce the required rear yard setback to 17.3 feet, which will recognize the existing non-conforming three season porch and will allow them to convert the existing porch into a four season porch. Ms. Stromberg stated staff has received no comments from neighboring property owners. Ms. Stromberg also stated that staff has no recommendation as similar variances have been granted in the past: � • VAR #02-16 6065 McKinley Street — to reduce the rear yard setback from 32 feet to 14 feet to allow the construction of a house/garage addition. . VAR #01-03 36 70�' Way — to reduce the rear yard setback from 33.5 feet to 20.6 feet to recognize an existing non-conformity. Mr. Stromberg further explained that staff recommends if the variances are granted, the following stipulations be attached: 1. Petitioner shall obtain all necessary building permits prior to conversion of porch. 2. Porch shall be architecturally compatible with the existing home and finished with complementary siding and color scheme. Commissioner Sielaff asked if the city inspected the 3 season porch when it was constructed. Ms. Stromberg stated a building permit was issued and inspections did take place, but the porch was deficient in meeting the setback requirements at the time which may have just been overlooked. Commissioner Jones questioned why the variance isn't for the 15.4 foot distance from the deck. Ms. Stromberg explained that decks are allowed to encroach into the rear yard setback. Commissioner Sielaff asked if the conversion from a three season to a four season porch will affect the exterior making it closer to the rear yard line. Ms. Stromberg stated it virill not. Fred Brunning, Sawhorse Construction, stated he is representing the homeowners Gwen and Roger Nawrocki, and they have no objections to the staff's recommendations on this matter. He explained they will not be increasing the outside dimensions of the porch. ti a�* 1� � _ e r f CITY OF FRIDLEY APPEALS COMMISSION MEETING, JANUARY 26, 2005 Page 3 of 5 MOTION by Commissioner Voss, seconded by Commissioner Jones, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE PUBLIC HEARING CLOSED AT 7:43 PM. Commissioner Vos stated he had viewed the petitioner's property and this appears to be a reasonable request; the proposed change will not encroach any further on the neighbor, and the lot is very short. Commissioner Sielaff, Commissioner Jones, Commissioner Zinter and Chairperson Kuechle all stated they had no objections to this proposal. MOTION by Commissioner Jones, seconded by Commissioner Vos, to approve VAR #05-02 for Saw Horse Construction to reduce the rear yard setback from 28 feet to 17.3 feet to correct an existing non-conformity and to allow the conversion of a three season porch to a four season pc�rch, generally located at 7310 Jackson Street NE, with the following stipulations: 1. Petitioner shall obtain all necessary building permits prior to conversion of porch. 2. Porch shall be architecturally compatible with the existing home and finished with complementary siding and color scheme. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. MOTION by Commission Zinter, seconded by Commissioner Jones, to open the public hearing. UPON A VOICE VOTE, ALL TING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMO LY AND THE PUBLIC HEARING� OPENED AT 7:45 P.M. Ms. Stromberg stated the petitioner ai from 29 feet to 16 feet to allow the co � of their home, which is located at 1383 seeking a variance to reduce the rear yard setback uction of a 16 foot by 20 foot living addition off the back 3�' Avenue. Ms. Stromberg reviewed the summary of ha ship submitted by the petitioner as follows: "We live on a cul-de-sac where the lot is wide in th back and narrow in the front. Overall our lot isn't very deep which restricts the opportunity for a r r yard addition." Ms. Stromberg explained the property is zoned R-1 ingle Family as are all surrounding properties. The existing home was constructed in 19 and the detached garage was constn.icted in 1970. City code requires a rear yard setb ck with a depth of not less than 25% of the lot depth. In the petitioner's case, the minimum rea ard setback is 29 feet. The petitioner's plan is to construct a 16 foot by 20 foot addition o the back of the house to allow a kitchen expansion on the main floor and a bedroom in the base ent. City staff has received no comments from neighboring property owners. �- y 3 � CITY OF FRIDLEY APPEALS COMMISSION Ms. Stromberg stated staff has no recom the past: VAR #02-16 6065 McKinley St. — feet to allow the construction of a h VAR #00-28 1428 Glacier Lane — feet to allow the construction of an Staff recommends that if the variance is gr� stipulations be attached: 1. Petitioner shall obtain all necess 2. Addition shall be architecturally � complementary siding and color Commissioner Sielaff asked if the existing Ms. Stromberg responded that a detached NG, JANUARY 26, 2005 Page 4 of 5 dation as similar variances have been granted in reduce the rear yard setback from 32 feet to 14 se/garage addition. reduce the rear yard setback from 39 feet to 11 dition. Greg Wacek, petitioner, stated he has no objec explained the entire house will be re-sided and , Ms. Stromberg explained, that the following building permits prior to construction of addition. patible with the existing home and finished with Chairperson Kuechle asked if the petitioner had the house. has to meet the same setback requirement. Mr. Wacek explained that extending to the north w Extending to the south would not be possible beca The extension to the rear of the house made the rr can be 3 feet from the side or rear lot line. s to the stipulations stated by staff. He Commissioner Sielaff asked if the petitioner will leave placing the addition on either side of block the existing detached garage. the house is 9.9 feet from that lot line. sense. Mr. Wacek responded far now it will remain detached but some point in the future. He also stated he understands I yard setback for the house would also apply to the attach MOTION by Commissioner Jones, seconded by hearing. garage detached from the house. � may choose to make it attached at e does proceed with that, the rear garage. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON PUBLIC HEARING CLOSED AT 7:50 PM. Commissioner Zinter stated the petitioner's plans will be a nice would be in favor of this request. Zinter, to close the public Commissioner Jones stated he would also be in favor of this request. odd size lots making it difficult to meet setback requirements. Chairperson Kuechle stated this lot is odd shaped making it difficult to variance. LE DECLARED THE to the property and he e-$acs do result in without a Commissioner Sielaff stated the petitioner has done a good job of placing the �ddition on the property. . � City of Fridley Land Use Application VAR #05-02 January 26, 2005 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Sawhorse Construction Fred Brunning 4740 North 42"d Avenue N Robbinsdale MN 55422 Requested Action: Variance reducing the rear yard setback for living space Existing Zoning: R-1 (Single Family Residential) Location: 7310 Jackson Street Size: 9,000 sq. ft. .20 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:Grace Evangelical Free Church & R-1 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Section 205.07.03.D.(3).((a)) requires a rear yard setback with a depth of not less than twenty-five (25) percent of the lot depth. Zoning History: 1964 — Lot is platted. 1969 — House and garage constructed. 1983 — Porch addition constructed. Legal Description of Property: Lot 23, Block 4, Melody Manor 3`� Addition. Public Utilities: Home is connected. Transportation: Jackson Street provides access to the property. Physical Characteristics: T pical suburban lot and landscaping. SUMMARY OF PROJECT The petitioner, Fred Brunning of Sawhorse Construction, on behalf of the homeowners at 7310 Jackson Street, is seeking a variance to reduce the rear yard setback from 28 feet to 17.3 feet to correct an existing non-conformity and to allow a three season porch to be converted to a four season porch. SUMMARY OF HARDSHIP �Sawhorse Construction believes that the conversion of the Nawrocki's 3-season room to a 4season room is a reasonab/e use of their property. The location of the lot, abutting a commercial property, the lot size, and the pre-existing 3-season porch inside the 25% set back do not generally apply to other properties in the area and were not hardships created by the Nawrocki's." - Fred Brunning, Sawhorse Construction SUMMARY OF ANALYSIS City Staff has no recommendation as this variance is within pr�viously granted dimensions. Similar variances granted: ■ VAR #02-16 6065 McKinley Street Variance approved to reduce the rear yard setback from 32 feet to 14 feet. ■ VAR #01-03 36 70`" Way Variance approved to reduce the rear yard setback from 33.5 feet to 20.6 feet to recognize an existing non-conformity. CITY COUNCIL ACTION/ 60 DAY DATE City Council — February 14, 2005 (Existing 3-Season Porch) Staff Report Prepared by: Stacy Stromberg VAR #05-02 REQUEST The petitioner, Fred Brunning of Sawhorse Construction, on behalf of the homeowners at 7310 Jackson Street, is seeking a variance to reduce the rear yard setback from 28 feet to 17.3 feet to correct an existing non-conformity, which is the existing rear yard setback of the three season porch and to allow the three season porch to be converted to a four season porch. SUMMARY OF HARDSHIP "Sawhorse Construction believes that the conversion of the Nawrocki's 3-season room to a 4-season room is a reasonab/e use of their property. The /ocation of the lot, abutting a commercial property, the lot size, and the pre-existing 3-season porch inside the 25% set back do not generally apply to other properties in the area and were not hardships created by the Nawrocki's."- also see attached hardship statement. - Fred Brunning, Sawhorse Construction ANALYSIS The property is zoned R-1 Single Family as are all surrounding properties. Grace Evangelical Lutheran Church abuts the sub�'ect property to the west. The property is located on Jackson Street, just north of 73 Avenue. The lot is rectangular shaped and fronts on Jackson Street. The existing house and garage were constructed in 1969. A permit was also issued in 1983 to allow the construction of a three season porch. When this porch addition was constructed, it was deficient in meeting the required rear yard set back. Consequently, the petitioners are seeking a variance to recognize this existing non-conformity. CODE REQUIREMENTS City Code requires a rear yard setback with a depth of not less than twenty-five percent (25%) of the lot depth. In the petitioner's case, the minimum rear yard setback is 28 feet. The petitioner is requesting to reduce the required rear yard setback to 17.3 feet, which will recognize the existing non-conforming three season porch and will allow them to convert the existing porch into a four season porch. txistmg 3-5eason Porch — Rear yard setback variance City staff has received no comments from neighboring property owners. RECOMMENDATIONS City Staff has no recommendation as similar variances have been granted in the pasi: Similar variances granted: ■ VAR #02-16 6065 McKinley Street Variance approved to reduce the rear yard setback from 32 feet to 14 feet. ■ VAR #01-03 36 70�' Way Variance approved to reduce the rear yard setback from 33.5 feet to 20.6 feet to recognize an existing non-conformity. STIPULATIONS Staff recommends that if the variances are granted, the following stipulations be attached. 1. Petitioner shall obtain all necessary building permits prior to conversion of porch. 2. Porch shall be architecturally compatible with the existing home and finished with complementary siding and color scheme. December 22, 2004 City of Fridley 6431 University Avenue Fridley, NIN 55432 Roger and Gwen Nawrocki 7310 Jackson Street N.E. Fridley, MN 55432 To Whom in may concern: The above named property is on the west side of Jackson street N.E.. The rear yard abuts a commercial / church parking lot. The owners would like to convert their existing 3- sea.son porch to a 4-sea,son room. The current 3-sea.son room is 17.3' to the rea.r property line. The owners are requesting a 10.7'variance ta the the rear yazd setback requirement of 28' (25% of 112'). Sawhorse believes that the conversion of the Nawrocki's 3-season room to a 4-season room is a reasonable use of their property. The loca.tion of the lot, abutting a commercial property, the lot size, and the pre-existing 3-sea.son porch inside the 25% set back do not generally apply to other properties in the area and were not harships created by the Nawrocki's. We believe that the granting of the proposed variance would be in keeping with the spirit of the variance process. The proposed conversion would be inside the current footprint of the existing porch resulting in the smallest possible vaxiance. We do not believe that granting of the proposed variance would alter the character of the neighborhood. Sawhorse would welcome any request for additional information or clarification. Respectfully, ����-.� e;�/ I Fred Bruning, Designer, Sawhorse Designers and Builders 763-533-0352 / Z122 �p� B o � o � 2 � � 9 � � � � � J s!� _ 0 � � u � �, DEC-14-2004 16�42 CITY OF FRIDLEY P.02�13 � OF FRlDLEY 6431 UNIVERSITY AVENU� FRIDLEY, MN 55432 (763} 572-3592 COMMUNITY DEVELOPMENT DEI�ARTMENT „ VARIANCE APPLICATION FOR: �C, Residential Commercial/lndustrial Signs PROPERTY INFORMATION: (certi�cate of surv�_�( required for submittal, see attached} Address: °7 '� � 3� � _ (:1_��� �,-�'�'.(� � t� �� � Property Identi�ication Number: l l-�� Z� - l 9' -�4 Legal Description: Lo#� �lock � . TractlAddition Current Zoning: Square Footagelacreaee: Reason for Variance: �,�, �l��T t� ���'�� �� P� �� J ���,~( f�c�� �`ic���ato� � Have you operated a business in a city whieh required a business license? Yes No If Yes, which City? If Yes, what type of business? Was that license ever denied or re�ooked? Yes� No r�rAr/��r4�+��/�/w�e�w1�1►/t//�11rrr.rrl�.r�/rAr�M�w'.rlrw1wrwr4�r�4i+Mrrrrwre��rl�rsNV.rrrr�.wrrvw.n�/�/n�,r.r�l��ltirrrr.�.w.w.r�wr FEE OWNER INFORMATION (as it appears an the property title) (Contract purohasers: Fee owners must sign this form prior to NAME: �C��(Z /��� ���tD�� N �t�(��1� \ w nnn�cc•.•'/ a�� 9 n,,.a��.r ,.�,� ��i?n aS�sT' AB �' DAYTIM� PHON S�GNATU��aT�: .) rrrw�.A.��r�rr�Ir.rwr.�rwrwrh�r�►ir�r+r�rrrw.w.r�..nr.4� Vrrrrw.w.n..r�rwrrr.rw�errlrrrnrMrn.+r�rrr.rr�rrrnnr�w�Ar�rNrrwrrrtiww NAME: �l: m 0 �� �� DAYTIME PHONE: i6� A S�� -0 3� Z SIGNA7UREIDA' �.rr.rw�n.r..�rtirrrrruwrwn+r�/..r�r�+�w+w�rw�rvw►rvor��+rr.r,vN �rlvi+r^prir�+rrr.�.�wrM.�+rr�rulr.vir^rwn+n�Iri+r�M�+rrrw.r.r Section of Ci�y Code: — FEES Fee: �1,400.00 for commercial, industa'ial, or signs: Fee: 5250.00 for residential properties: Receipt �: �� Received By: Application Numl�s+r: ����a,� ---�� S�heduled Appeals Commissivn t�- , .� � � Sch�duled City CounCil Date: � S 10 Day Applic�tion Complete Noti �cat�on D�te: P-,�c� -� 6Q D�V Date: ,� ° � l� -- �� CITY OF FRIDLEY PUBLIC HEARING NOTICE BEFORE THE APPEALS COMMISSION TO: All property owners/residents within 350 feet of property generally located at 7310 Jackson Street NE. CASE NUMBER: VAR #05-02 APPLICANT: Saw Horse Construction (Roger & Glen Nawrocki-owner) Petitioner or re resentative must attend the A eals Commission meetin . PURPOSE: Petitioner is requesting a variance to reduce the rear yard setback from 28 feet to 17.3 feet to correct an existing non- conformity and to allow the conversion of a three season porch to a four season porch. LOCAT/ON OF 7310 Jackson Street NE PROPERTY AND LEGAL Lot 23, Block 4, Melody Manor 3�d Addition, subject to DESCR/PT/ON: easement of record. DATE AND TIME OF Appeals Commission Meeting: HEAR/NG: Wednesday, January 26, 2005, at 7:30 p.m. The Appeals Commission Meetings are televised live the night of the meeting on Channel 17. PLACE OF Fridley Municipal Center, City Council Chambers HEAR/NG: 6431 University Avenue N.E., Fridley, MN HOW TO 1. You may attend hearings and testify. PART/CIPATE: 2. You may send a letter before the hearing to Stacy Stromberg, Planner, at 6431 University Avenue N.E., Fridley, MN 55432 or FAX at 763-571-1287. SPEC/AL Hearing impaired persons planning to attend who need an ACCOMODATIONS: Interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no later than January 20, 2005. The TDD # is 763-572-3534. ANY QUESTIONS: Contact Stacy Stromberg, Planner, at 763-572-3595. Mailing Date: January 14, 2005 � o • I x � City of Fridley ,��, \ Community Develoment Department Public Hearing Notice � %�Yf� QVP_f1I1P_ � � � � � � 0 � .�C U �0 � � � � � � � � � � _ m C N � LEGEND Variance Request #05-02 7310 Jackson Street Petitioner: Saw Horse Cor�struction � so���s: Fridley Engineering Fridley GIS Anoka County GIS Map Date: 1/13/05 113024140043 SKJERVOLD CHRISTIAN 8� BETSY 7389 MEMORY LN NE FRIDLEY, MN 55432 113024140100 GRACE EVANGELICAL FREE CH 755 73RD AV NE FRIDLEY, MN 55432 113024140Q51 BROUGH M A& J K TRUSTEES 12857 TAYLOR ST NE BLAINE, MN 55434 113024140017 PEARSON RICHARD H & EURICE 7331 JACKSON ST NE FRIDLEY, MN 55432 113024130099 CURRENT RESIDENT 725 73RD AVE NE FRIDLEY, MN 55304 113024140099 MCKUSICK CHARLES J & DIANNE 7330 VAN BUREN ST NE FRIDLEY, MN 55432 113024140002 WHITE DAVID M 7312 VAN BUREN ST NE FRIDLEY, MN 55432 113024140055 REVERING RICHARD J 7300 JACKSON ST NE FRIDLEY, MN 55432 113024140003 CURRENT RESIDENT 7300 VAN BUREN ST NE FRIDLEY, MN 55304 113024130099 FRIDLE CITY OF 6431 U�VERSITYAVE NE FRIDL Y, MN 55432 113024140100 CURRENT RESIDENT 755 73RD AVE NE FRIDLEY, MN 55304 113024140051 CURRENT RESIDENT 7340 JACKSON ST NE FRIDLEY, MN 55304 113024140052 SHUPIEN THOMAS A 7330 JACKSON ST NE FRIDLEY, MN 55432 113024140018 HEGLAND MARYROSEL 7321 JACKSON ST NE FRIDLEY, MN 55432 113024140019 GAGNE CHARLES RONALD 7311 JACKSON ST NE FRIDLEY, MN 55432 113024140004 HOEKSTRA LAURENCE R � NANCY 841 73RD AVE NE FRIDLEY, MN 55432 113024140003 LEE LESTER Y& WENDY W 4118 GALE CIR ARDEN HILLS, MN 55112 11302441 �05 DAYTON-HUDSON CORP C/O TARGET CORP T0551 BOX 9456 MPLS, MN 55440 PROP TAX TPN 0950 PO 113024140096 BOERGERHOFF ROBERTA C 7374 VAN BUREN ST NE FRIDLEY, MN 55432 11302414W16 HANSON WENDY E 7341 JACKSON ST NE FRIDLEY, MN 55432 113024140097 ENGELMAYER R H& EVERSON J L 7358 VAN BUREN ST NE FRIDLEY, MN 55432 113024140098 HURT CLYDE E� SUSAN L 7344 VAN BUREN ST NE FRIDLEY, MN 55432 113024140053 SWEENEY JAMES F& BARBARA R 7320 JACKSON ST NE FRIDLEY, MN 5 �432 113024140054 NAWROCKI ROGER A& GWEN E 7310 JACKSON ST NE FRIDLEY, MN 55432 113024140020 SMITH CHARLES K& SUSANNE M 7301 JACKSON ST NE FRIDLEY, MN 55432 113024140041 CARLSON ROGER L& LAVONA M 7385 MEMORY LN NE FRIDLEY, MN 55432 113024140014 DZANIC NURIJA 8� ZINA 7361 JACKSON ST NE FRIDLEY, MN 55432 113024140042 113024140049 113024140095 FLORELL CATHERINE A KHAN SARDAR & KHATOON FAREESA FRENCH KEITH V& CHERYL L 7387 MEMORY LN NE 7360 JACKSON ST NE 7386 VAN BUREN ST NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 � 113024140015 113024140d50 CHESTER ANTHONY R ZIMBA TODD J� JEANNE L 7351 JACKSON ST NE 7350 JACKSON ST NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 � _ CIIYOF FR[DLEY FRIDLEY MiJrTICIPAL CENTBR • 6431 [J1�TIVERSITY AVE. N.E. FRIDLEY, MN 55432 •(763) 571-3450 • FAX (763) 571-1287 December 30, 2004 Sawhorse Construction Attn: Fred Bruning 4740 42"d Avenue N Robbinsdale MN 55422 Dear Mr. Bruning: Per Minnesota Statute 15.99, local government units are required to notify land use applicants within 10 working days if their land use applications are complete. We officially received your application for a variance on December 23, 2004. This letter serves to inform you that your application is complete. Your Variance application hearing and discussion will take place at the City of Fridley Appeals Commission Meeting on January 26, 2005 at 7:30 P.M. in the City Council Chambers at 6431 University Avenue. If your variance application needs to be reviewed by the City Council, the meeting will be held on February 14, 2005 at 7:30 in the City Council Chambers. If you have any questions regarding this letter or the process, please feel free to contact me at 763-572-3595. Sincerely, � ����� Stacy S omberg Planner cc: Roger and Gwen Nawrocki 7310 Jackson Street NE Fridley MN 55432 C-04-113 • . j .� _. I� � � , � � � �� G� � _ i r„ - °��'� o � S � 4 .. �n T. b �T � o I� \ i � : ? � ' • � � y� ..''�?��i . �x � � � � �b y;.-P'. '> ; . � , 'e� � w -- + r°Y ��t. � A . � ��. . T F "` . ! � . �f� � .� �„��••;. �` �VQ � 3•'s q d.4 2 i�_X � ,. <RC � d `"-�',� ' «. �.' � . •�Ff.. , v �: � J�s� ��. ��s :. � .� v�. �, __� . p�_ _ ���- _ ,. + F �v� �y � >. �.. , � _ � . .. ,rir,.. ° � '� _ S �"' �F• !�' 3A. �i"' .._, -e� �' ' �i _. -� ' � . � � - � � ( � _ _..._ .. _ � ,< � 45����'TRM�R��,��� � N- . I .YF'wb3i .. . . . . "-f.°-- '.¢a�G-� '. I� li', �i �� � �1' : .. .�� . � . , . � � � ' . §I � � � ''� ��a� r �r� ;�� � �^;�' � aL �.,��� ; � .w` r � �•�` �' � � t. v �� �;:_ �+� � x�. ,.. . ��°..a..�K # . w�•g�� � x� � ,�w,y�� �yi � � . � � �' � �.a tF"°°� _'�< �, < - . *`i.._� . �i'� � yc r_ ^�"s,�,.'". �. :� ��F� � .a � Y ��r. ' ¢. � ��taa yq`4� �;,�, �+�" y �., ,�� ' . � � � . � a �� �� . .. *.,6 � � x.'s Y� rr. pR. `� ,. . � � .� wi(s - ss . � �' . �..� +D"� ... � � '� y�: '4 �` o y�� C §i'`` R�' � �� �:�,� � , �;- � `� „ r ����f �_�� � �.t ¢ .. �. "�,,. ,. �'" � j � r �.?-y.� _ -' N £r�' 'i '+n �1, > � , s .'�,.� {c: r . ,�' e . i. �, ' �`�, . �` � �-�.4 a. �. � ��,.� , s���' KYe .. .. . _.. , e_ �n: �� Y� .�s „�` � '� `� �.....�a.aoi.7.w� .. . �' � ::s � � � �iJ .. ri" S `µi t � �{ s` .< gy��j��. . . > � . � a.� f ,-; . . .� _ a�, Development Review Committee Worksheet Address: 7310 Jackson Street — Variance Land Use Case # VAR 05-02 ❑ Paul Bolin o Dave ]ensen ❑ Layne Otteson o Kevin Hanson ❑]ulie Jones ❑ Mary Smith ❑ Jon Haukaas o Ron Julkowski �� St�cy Stromberg o Scott Hickok o Ralph Messer �o Plannina Issues: o Setbacks o Lot coverage ❑ Allowable square footage o Height ❑ Landscape . �, Building Issues:J o IBC ❑ Stipulations: Enaineerina Issues: ❑ Drainage ❑ Utilities o Curbing requirements 0 Fire Issues: a Truck access ❑ Sprinkler requirements ❑ Hydrant location 0 Comments: . � ° ,��L� (�� �1'W'4l� I(�dl/l,i� i1)l� ��', �%�' �i,P�1�rf,'VI, �%D 1� ;�/1, ���, in� n � �,F� � j Name: � � � � 1 Date: � ��.� �' � ,�l o . a • � , ,. Development Review Committee Worksheet Address: 7310 ]ackson Street — Variance Land Use Case # VAR 05-02 ❑ Paul Bolin ❑ Kevin Hanson ❑ Jon Haukaas o Scott Hickok o DaveJensen ❑ )ulie ]ones ❑ Ron Julkows�i ❑ Ralph Messer Planninq Issues: ❑ Setbacks ❑ Lot coverage ❑ Allowable square footage ❑ Height o Landscape ❑ Hardship s�tement/narrative ❑ Buildina Issues: ❑ IBC ❑ Sti ❑ Layne Otteson ❑ Mary Smith ❑ Stacy Stromberg ❑ En4ineerin4 Issues: o Drainage ❑ Utilities ❑ Curbing requirements 0 Fire Issues: ❑ Truck access o Sprinkler requirements ❑ Hydrant location ❑ Name: C �l " ;, Date: �,. , � �� fdl ���e 0 °l (e �� ���� ����, � ��� � • .� , �. Develoament Review Committee Worksheet Address: 7310 ]ackson Street - Variance Land Use Case # VAR 05-02 ❑ Paul Bolin ❑ Dave Jensen o Layne Otteson ❑ Kevin Hanson �( Julie Jones v Mary Smith o Jon Haukaas ❑ Ron ]ulkowski o Stacy Stromberg ❑ Scott Hickok ❑ Ralph Messer ❑ Plannina Issues: � Setbacks o Lot coverage o Allowable square footage ❑ Height ❑ Landscape q/Hardship statement/narrative ❑ Buildin4 Issues: v IBC ❑ Stipulations: Enaineerina Issues: ❑ Drainage ❑ Utilities v Curbing requirements 0 Fire Issues: o Truck access v Sprinkler requirements ❑ Hydrant location 0 Comn�ents: -f're,�.: a-�; s �,.� � l d i�n�+, au—� �'�- G�nc��d,-,N� � n,.i f� o c � t (I, ,� c�,(�- �I-o �_ Name: ' � �.� Date: i Z-a- �- a� �� e Development Review Committee Worksheet Address: 7310 Jackson Street — Variance Land Use Case # VAR 05-02 �^Paul Bolin ❑ Dave ]ensen o Layne Otteson ❑ Kevin Hanson . o Julie Jones o Mary Smith ❑ Jon Haukaas ❑ Ron Juikowski ❑ St�acy Stromberg ❑ Scott Hickok ❑ Ralph Messer o Plannina Issues: ❑ Setbacks o Lot coverage ❑ Allowable square foot�ge ❑ Height ❑ Landscape ❑ Hardship st�tement/narrative ❑ Buildin4 Issues: o IBC 0 Stipulations: Comments: .�,nf'j, -�� ���� �� � �4'°t: �t � E�. d ��-'� ts [. . ° b`�,�� a""�, �� ,�. � En4ineerin4 Issues: ❑ Drainage ❑ Utilities ❑ Curbing requirements 0 Fire Issues: ❑ Truck access o Sprinkler requirements o Hydrant location v � �� � �"� n �� Date. - , � � Name: g �-�. _� �,; - . �.� � � � � ,� ��� -r ,;� . .:� Develoament Review Committee Worksheet Address: 7310 Jackson Street - Variance Land Use Case # VAR 05-02 v Paul Bolin ❑ Dave Jensen ❑ Layne Otteson ❑ Kevin Hanson ❑ Julie Jones ❑ Mary Smith ❑ on Haukaas ❑ Ron Julkowski ❑ S�acy Stromberg Scott Hickok v Ralph Messer ❑ Plannina Issues: ❑ Setbacks ❑ Lot coverage ❑ Allowable square foot�age o Height ❑ Landscape ❑ H�rdship st�atement/narrative ❑ Buildina Issues: ❑ IBC ❑ Stipulations: En4ineerina Issues: v Drainage o Utilities ❑ Curbing requi'rements 0 Fire Issues: ❑ Truck access o Sprinkler requirements o Hydrant location ❑ Comments: � , v' � �.� i� �� f��S r�/'�.� — -�j"�''��2 j'7�v UU � - �t�i�� �U2�'l� Name: — lr ��l�7�1 r � f/17l�`1'iA.' '���2c//[7'JSL vl �G'=-�o9�/J �P��/{�CC�°` � � �"� ��a M � h--- � �1 � � -,� � Date: � � Z� v�� e � � ,12i22iO4 11:07 DEMARS—GABRIEL � 7635332668 D01 ,��� � CERTIFICATE OF SURVEY FoR; SAWHORSE DESIGNERS & BUILDERS LEGAL DESCRIPTION; �ot 23, Block 4, MELODY lkfq]VOR SITE ADDRESS: 7310 JACK50N ST. N,E, FRIDLEY, MN ���° I � v� � ��� IO+� 4J�uc•rnt Houor. �l ��6��",� BB3.1 z x 883.2 sar.a �`" 88°44'1e" w 112. DO 51 881.0 I ��54. �` w � �� � ~ � � � � � I O � � � ��0 � Convwt 6xidling J-Seoeon �� 3_ PoricA to a-Soason Room %.,_ e � 892.9 x x 8$J,2 22.5 GARAGE o � Gcr. I'v.= r• % � 983.1 � , 24, � EXlSTING ;N���I HOUSE h � ' e8B4 1 ' n;�um,�o�y u„dr x BB2.$ � n� � � � J� �' ' " "'x 882.5 a•8 ovar Nne �� ��°' �` rr e�°4¢`le" w� 8e x 112.00 � fenc. O.1s ovar Ilna 88� 6 I Ar1�Jrenf /I�7u.90 � fl o Denotes iron monument � Denofes lovnd monument x Denotes �arge spike Y oDO.o Denoies existing eiev. DEMARS— GABRIEL LAND SURVEYORS, INC. 3030 HOrbor l_one No, i Piyn,a„tn, Mr� JJ�147 Phone:( 763� 559—Qgpg J.! 881.3 � 8�8.9 � �,� � O � �t 88�,5 8,79.5 I � � � � ( � � � i � vi T�� �i I � � -�_..... „-_..�.� � .._ � ��'n'�pR.iw\+:�tauwr� 1 nereDy c��lify thot th�s survey, p/an or report wos prepared Gy me or under File No. my direct supervlsion Ond lhot I nm � du/y Regislarod Land Surveyor undci the � 2�%� 8 Lows Of th� ,,tato of Minnes�fcl. BOOk.. ?OGe I A� surve ad by me t�i� �U�� dQ pf Oee�mber � y , 20,�. a?8- 9 "'° `-�•.•• __ Scc�e � Davitl F. ('rn.nk —Minn R!+q. Nn ? �A 14 ~ ... , - I ' " _ SC,,