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AF-V - 47655k CITY OF FRIDLEY 6431 UNIVERSITY AVENUE FRIDLEY, MN 55432 (763) 572-3592 COMMUNITY DEVELOPMENT DEPARTMENT VARfANCE APPLICATiON FOR: Residential Commercial/Industrial Signs PROPERTY INFORMATION: (site plan required for subrraittal, see attached) Address: 3 � � nt E Property Identification Number: � r SS � Al2C.�L 1 4dro Legal Description: Lot�_, Block S Tract/Addition �-1(��STiC �D�TIOr� Current Zoning: Square Footage/acreage: Reason for Variance: Have you operated a business in a city which required a business license? Yes No _�_ If Yes, which City? tf Yes, what type of business? . bVas that license ever denied or revoked? Yes No �FEE OWNER INFORMATtON (as it appears on the property titte) (Contr�ct purchasers: Fee owners must sign this forn� prior to processing.) NAME: SC/�n1�f2 Cr��:�S Lr °�- i��2E� n'1 DAYTIME PHONE: NAME: �C�•vE 2 ADDRESS: 3 ' DAYTIME PHONE: I�r� -t�5 3 .- � SIGNATURE/DATE: S� nl � > SIGNATURE/DA ��-� Section of City Code: �EES Fee: $100.00 for commercial, industrial, or signs: ee: or residential ro erties: Receipt #: �o �% __ Received By: Application Number: � �' �' Scheduled Appea{s Commission Date: � C.j � Scheduled City Council Date: a 10 Day Application Complete Notification Date: � �2� 60 �ay Date: _`���� f 0, �v � r- . VARIANCE APPLICATION SUBMISSION CHECKLIST The following shall be the minimum submission requirements to the Appeals Commission. Apptications witt not be accepted if the following is not submitted: Kt,IUtIV 1 IAL: ITEM 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, �S� adjacent street names, and buildings �c., � on adjacent lots within 10 feet of the common !ot lines. � Etevation of building and description of materials. Nar d building, and � summarv of hardship. COMPI.ETE� COMMERCIAL AND IiVDUSTRIAL: ITEM SUBMITTED RECE R'S COMPLETE REVIEWER'S INIT LS INiTIALS Completed application, with fee (Application is considered complete if all bsa�nks are completed, and both fee owner and etitioner have si ned. Scaled site plan of property showing north arrow, existing and proposed structures, !ot and block number, adjacent street names, and buildings on adjacent lots within 10 feet of the common lot lines. Elevation of building and descrip 'on of � materials. Landscape plan for all projec requiring a parking lot exp sion of four 4 or more s aces. � Gradin and draina e an. Erosion control lan. Calculations for stor water runoff. CITY OF FRIDLEY PUBLIC HEARING NOTICE BEFORE THE APPEALS COMMISSION TO: Residents within 350 feet of 6321 Jefferson Street NE CASE NUMBER: VAR #03-03 APPLICANT: Charles Segner 6321 Jefferson Street NE Fridley, MN 55432 Petitioner or re resentative must be at meetin . PURPOSE: To reduced the side yard setback from 10 feet to 6 feet to convert the existing attached garage into living space LOCATION OF PROPERTY: 6321 Jefferson Street NE LEGAL DESCR/PT/ON: Lot 13, Block 5, Christie Addition DATE AND TIME Appeals Commission Meeting, Wednesday, February 12, OF HEAR/NG: 2003, 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 Universi Avenue HOW TO 1. You may attend hearings and testify. PART/C/PATE: 2. You may send a letter before the hearing to Paul Bolin, Planning Coordinator, or 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 ACCOMMODAT/ON: interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no later than February 5, 2003. (TDD 763-572-3534) ANY QUESTIONS: Contact Paul Bolin, Planning Coordinator, at 763-572-3599, or Stacy Stromberg, Planner, at 763-572-3595. Mailing Date: January 31, 2003 ALVAREZ MOLLY J& JUAN C 6361 WASHINGTON ST NE FRIDLEY,MN 55432 AUMOCK DEAN K 6351 WASHINGTON ST NE FRIDLEY,MN 55432 BRITVEN STEPHEN P& LYNN M 572 63RD AVE NE FRIDLEY,MN 55432 DROBNICK JOHN R & ELLEN 6330 MONROE ST NE FRIDLEY,MN 55432 ERICKSON GEORGE & SHIRLEY 6360 JEFFERSON ST NE FRIDLEY,MN 55432 GILBERTSON DONALD M & ANNE 6300 MADISON ST NE FRIDLEY,MN 55432 HEID RONALD A& PATRICIA J 6311 JEFFERSON ST NE FRIDLEY,MN 55432 JACOBSON GERALD H & DOROTHY 6340 MADISON ST NE FRIDLEY,MN 55432 ANDERSON KEITH D& SANDRA J 6331 JEFFERSON ST NE FRIDLEY,MN 55432 BAGGENSTOSS LAUREL 6310 MADISON ST NE FRIDLEY,MN 55432 COPE GLENN L& JANET I 6330 MADISON ST NE FRIDLEY,MN 55432 EGGERT HENRY A& DOROTHY R 6350 JEFFERSON ST NE FRIDLEY,MN 55432 FERRARO KIMBERLY & KAfSER JON 6371 JEFFERSON ST NE FRIDLEY,MN 55432 HARRY ROBERT E& SHAWNTEL D 548 63RD AVE NE FRIDLEY,MN 55432 HERMAN EDWARD G & LORRAINE 6320 MADISON ST NE FRIDLEY,MN 55432 JOHNSON ALLAN M 6330 JEFFERSON ST NE FRIDLEY,MN 55432 c����"�' JURISSON NORMA �� Y� KERBY PATRICK A& KIM M 6310 MONROE ST NE � 6370 MADISON ST NE FRIDLEY,MN 55432 0 FRIDLEY,MN 55432 MEZZENGA GREGORY & KATHLEEN M MONDLOH MAXINE 6301 MADISON ST NE 6320 MONROE ST NE FR{DLEY,MN 55432 FRIDLEY,MN 55432 ANDERSON RONALD H& JUNE M 6331 WASHINGTON ST NE FRIDLEY,MN 55432 BAGGENSTOSS LEON O& RENEE T 6360 MADISON ST NE FRIDLEY,MN 55432 DREVER CHAD M 6341 WASHINGTON ST NE FRIDLEY,MN 55432 EICH LUCS LESCHISIN NEPSHA 6341 JEFFERSON ST NE FRIDLEY,MN 55432 FRANCK KELLY K& RONALD G 6300 MONROE ST NE FRIDLEY,MN 55432 HAWKINSON C A& BENEFIELD S M 6311 WASHINGTON ST NE FRIDLEY,MN 55432 HIRN MATTHEW E& JILL A 560 63RD AVE NE FRIDLEY,MN 55432 JOHNSON KEVIN B& PAULA L 596 63RD AVE NE FRIDLEY,MN 55432 LARSON DONALD L& MARILYN E 6310 JEFFERSON ST NE FRIDLEY,MN 55432 MOON ELIZABETH L 584 63RD AVE NE FRIDLEY,MN 55432 s M'URPHYMJ&LM r 6350 MADISON ST NE FRIDLEY,MN 55432 OSTWALD PATRICIA A 6331 MADISON ST NE FRIDLEY,MN 55432 POPPEN TIMOTHY M& TONYA L 6321 WASHINGTON ST NE FRIDLEY,MN 55432 RISING TERENCE C& WANDA J 6361 MADISON ST NE FRIDLEY,MN 55432 SEEKAMP RONALD O & MARY 6371 MADISON ST NE FRIDLEY,MN 55432 STICKLEY MYRON H& BETTY A 668 63RD AVE NE FRIDLEY,MN 55432 THAO XAYDANG & TANG H 561 63RD AVE NE FRIDLEY,MN 55432 WOLF BRIAN L& LORI J 608 63RD AVE NE FRIDLEY,MN 55432 ZIERMAN EILEEN G 6321 MADISON ST NE FRIDLEY,MN 55432 NEWCOMER CAROL S 6341 MADISON ST NE FRIDLEY,MN 55432 PETERSON JOHN & KAREN 6361 JEFFERSON ST NE FRIDLEY,MN 55432 PUKAL THOMAS G 6351 JEFFERSON ST NE FRIDLEY,MN 55432 ROHE JOSEPH G& CAROL K 632 63RD AVE NE FRIDLEY,MN 55432 SEGNER CHARLES E& KAREN M 6321 JEFFERSON ST NE FRIDLEY,MN 55432 STRAND ROBERT C 6340 JEFFERSON ST NE FRIDLEY,MN 55432 THOMAS DIANE M 656 63RD AVE NE FRIDLEY,MN 55432 YERIGAN JAMES M& VICKI L 6301 JEFFERSON ST NE FRIDLEY,MN 55432 NORLAN J& OLIVE H LEE 644 63RD AVE NE FRIDLEY,MN 55432 PIEHOWSKI JOSEPH J& C R 6370 JEFFERSON ST NE FRIDLEY,MN 55432 R�ICHEL RANDALL R 6351 MADISON ST NE FRIDLEY,MN 55432 RONO PHILLIP L 573 63RD AVE NE FRIDLEY,MN 55432 S7EINMETZ JOHN R & VIRGINIA 6340 MONROE ST NE FRIDLEY,MN 55432 STUBBS WILLIAM W & HARRIET 620 63RD AVE NE FRIDLEY,MN 55432 WELCH DIANNE MARIE 6311 MADISON ST NE FRIDLEY,MN 55432 YOUSEF DAOUD G& CELESTE R 6320 JEFFERSON ST NE FRIDLEY,MN 55432 !� � o�� �,4E. City of Fridley Variance Request #03-03 Mississiqqi Street �__I_ City of Fridley Land Use Application VAR #03-03 February 12, 2003 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Charles Segner 6321 Jefferson Street NE Fridlev MN 55432 Requested Action: Variance reducing the side yard setback for living space. Existing Zoning: R-1 (Single Family Residential) Location: 6321 Jefferson Street Size: 10,694 sq. ft. .25 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: Section 205.07.03.D.(2).((a)) requires a side yard setback of ten (10) feet between living area and the side yard property lines. Zoning History: 1955 — Lot is platted. 1957 — Home is built. 1965 — Attached garage is built. Legal Description of Property: Lot 13, Block 5, Christie Addition Public Utilities: Home is connected. Transportation: Jefferson Street provides access to the residence. Physical Characteristics: Typical suburban lot and landscaping. SUMMARY OF PROJECT The petitioner, Mr. Segner, is seeking to reduce the side yard setback from 10 feet to 6 feet to convert his existing garage into living space. SUMMARY OF HARDSHIP "We are requesting a variance to turn our attached garage into a living area. According to the site survey, the attached garage, which was built in 1965, is six feet from the property line. Converting the garage into a living area will not alter the character of the neighborhood. Many houses around us have improved their properties by building additions and new garages. It would create undue hardship to destroy the attached garage and build a new structure an additional four feet within the property line." - Charles Seqne SUMMARY OF ANALYSIS City Staff has no recommendation as this variance is within previously granted dimensions. Similar variances granted: • VAR #02-19 130 Logan Parkway Side yard setback reduced from 10 feet to 5 feet • VAR #00-23 369 Hugo Street Side yard setback reduced from 10 feet to 5 feet CITY COUNCIL ACTION/ 60 DAY DATE City Council — February 24, 2003 60 Day — March 10, 2003 � �� .,. � ;� ��, ��� �,� �, � - .� � ��,�� (Existing Home) Staff Report Prepared by: Stacy Stromberg VAR #03-03 REQUEST Petitioner, Charles Segner, is seeking a variance to reduce the side yard setback from 10 feet to 6 feet to convert the existing garage into living space at his residence at 6321 Jefferson Street. SUMMARY OF HARDSHIP "We are requesting a variance to turn our attached double garage into a living area. According to the site survey, the attached garage, which was built in 1965, is six feet from the property line. Converting the garage into living area will not alter the character of the neighborhood. Many houses around us have improved their properties by building additions and new garages. It would create undue hardship to desfroy the attached garage and build a new strucfure an additional four feet within the property line." -Charles Segner ANALYSIS AND CODE REQUIREMENTS The property is zoned R-1, Single Family as are all surrounding properties. The lot is rectangular shaped and fronts on Jefferson Street. The existing home was built in 1957 and the attached garage was constructed in 1965. ��° _ � a � ��..�, �.�� .� �. . �-_ � �. � ._ ..�_�.� Existing Home City Code requires a 10-foot side yard setback between living area and the side yard property lines. City Code also requires a 5-foot side yard setback between an attached accessory building and a side yard property line. The existing garage meets the 5-foot side yard setback requirement. However, the petitioner plans to convert the existing garage into living space, which requires a variance to reduce the side yard setback from 10 feet to 6 feet. The petitioner also plans to construct a 41 foot by 24 foot detached garage in the rear yard of his property. The proposed detached garage will be accessed off of Jefferson Street and will require an additional curb cut. The City's engineering staff has reviewed the proposed accessory structure location and has approved the additional curb cut. City Code requires that all driveways and parking stalls be set back three (3) feet from any property line except as agreed to in writing by adjacent property owners and filed with the City. The petitioner plans to construct the proposed driveway right up to the north property line. He plans to submit a signed letter from the adjoining property owner, authorizing the placement of the proposed driveway to the property line at the Appeals Commission Meeting. The proposed garage location meets all setbacks and lot coverage requirements. City staff hasn't received any comments from neighboring property owners. Side yard setback RECOMMENDATIONS City Staff has no recommendation as this variance is within previously granted dimensions. Similar variance granted: • VAR #02-19 130 Logan Parkway Side yard setback reduced from into living space. • VAR #00-23 369 Hugo Street Side yard setback reduced from 10 feet to 5 feet to convert the existing garage 10 feet to 5 feet to construct a home expansion. STIPULATIONS Staff recommends that if the variance is granted, the following stipulations be attached. 1. Petitioner shall obtain a building permit for the conversion of the existing garage prior to obtaining a building permit for the construction of proposed garage. 2. Petitioner shall obtain authorization in writing from the adjacent property owner before installation of a hard surface driveway on the north side of this property. 3. Petitioner shall install Code required hard surface driveway within 12 months of issuance of a building permit. 4. Existing driveway to be removed and curb restored and yard resodded trpon� �.,,1:d.��i,,.,ti ; 3 r„ c . � . `�Ji � �`�`'`'�� ' 5. The garage shall be architecturally compatible with the existing home and finished with complementary siding and color scheme. 6. All vehicles shall be stored on a hard surface driveway as approved by the City. 7. The garage shall not be used for a home occupation or living area. : � /2" 1/2" CERTIFICATE OF SURVEY Nd.633/ FOR: Chuck Segner . /-Sfo��' 6321 Jeffers n St. -�'fu�co �lo. Fridley, MN �_ _— - 3S __�65_2. x z`� xg��. � '� 25 ! Legal escription: i� Lat 13 Block 5, C RISTIE ADDITION./ �^' CoNLQETC , oQ,�E ��y �� � �� � � ; .� � �' �? �_. i— i�2. �o N�a°,sq' i� ''E —,� PG i .9B � x IO � 7 - - — - - �s _ y65.3 xl� zy i 8b�t9 � � IlG'/. S i � � 1 Q a n ,� N0,63L/ , �-sfaQy � S�uccp I ��o�lSE � � l,s x �. CoNCi76 fF � ' , . � ` 6fIRAGE e�.�z � ' ��,O�PiuEl�t�l� . : � ' � _, y . ' � �. � 22 b<b,0 � 8'b S, 3 / ; � 4 1•D i fq�c,:. a .. a _� ., ` SLAB i ' � �' XdGL.O h 0' FaAn>E �q��� Z 4- KY[. �F.9 Scale: 1" = 20' o Denotes iron monument ." x000.o = Existing elevation Bearings are assumed I �I ' � _' �:; r ; . x���. � — �� r �7 � y63. 7 M r--- �-- � ,= ( '; � n � '• ; i -�- :-if✓, C,.,c.�i �v, � I�� ci,�(�iai: I � �/; � - — -�— — �aT /3 .���a = ia,Gq4 SQFf — — — M� � tiy ���� ,z skE� �� � g`•t y x I I i I I I I � SFmt OQAi�✓.d6E t �/T'i/i: y C�OG�JLICA�T — 1 1 � � Y6'�-5 � � � . . � �, � �! '� ' R � i � a � � � I ` I �, � i I i., •' � i ;� —/4 3, 0 7- S� S9 S�•r � - - - - - - - - - - - - � xFt�G.� xfr�G.s , ,, � ; ; I C/l.4.,rL,✓Kfs�r� � 35 14 .� ; I-- `-' r'�- i I s I ' ���� : :_. ( � � N0. (o � // � f Z5 �-s�Pys���o , �c�/o,�sE I hereby oe�tlfjr tl�at tld� 4 a true and aomect �� representation of a survey ot B e n c hm a r k: � the bou�di►1Mpf��pysQ� ���� � p� all buildings, if anY. ��, �� y�q� �� an�r. irom or on said land. As survef�ed t,!►me � d «s� i�30� . . �p,� i33 TNH, NW, intersection 63rd A�ie. NO. with Jefferson St. N.G.V.D: 1929 adjusted elevattion = 868.443 feet. i i xYGGA- 24- 1T'u�CO G,a,e,a 6 E February 1 �`, 2003 City of Fridley 6431 University Avenue N.E. Fridley, MN 55432-4383 To Whom It May Concem: This letter is in reference to Charles Segner's variance request #03-03. I undex�stand that his intent is to abut a new driveway to our current driveway. Charles Segner and I have discussed this issue and I am advising the Appeals Commission that this vaziance would be fine. Both my wife and I have discus.sed the new garage structure and driveway access that he intends to build. We see no reason that this would affect us negatively. I appreciate the time of the AppeaLs Commission is taking to review this matter and would hope that you would contact us if you have additional questions. Sincerely, Kei Ander n Keith and Sandy Anderson 6331 Jefferson St. N.E. Fridley, Minnesota 55432 (I� 763-574-2209 (R� 612-363-5651 CC: Charles Segner _ � � � .� Sandra Andeison _ _ C(1Y OE FRIDLEY FRIDLEY MtiNICIPAL CENTER • 6431 UNIVERS[TY AVE. N.E. FRIDLEY, MN 55432 •(763) 571-3450 • FAX (763) 571-1287 January 21, 2003 Charles Segner 6321 Jefferson Street NE Fridley MN 55432 Dear Mr. Segner: 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 January 10, 2003. 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 February 12, 2003 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 24, 2003 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, R . . . . ����� ��� _ Stacy � romberg Planne C-03-09 Januar_y 9, 2003 City of Fridley Re: Variance for 6321 Jefferson St. NE We are requesting a variance to turn our atta.ched double garage into a living area. According to the site survey, the attached .garage, which was built in 1965, is si� feet from the property line. Converting the garage into a living area will not alter the character of the neighborhood. Many houses around us have improved their property by building additions and new gara.ges. It would create undo hardship to destroy the attached garage and build a new structure an additional four feet within the property line. Charles and Karen Segner 63�1 Jefferson St. NE `�� r� APPEALS COMMISSION MINUTES, FEBRUARY 12, 2003 PAGE 3 Dr. Vos asked if the property�wner removed the parking stall because it was close to or on the property line. � Ms. Stromberg stated it was Dr. Vos stated that there are still the property line. �ng stalls on the City property... Ms. Stromberg stated, no, currently, all arking stalls are on Dr. Levitan's property because he purchased the triangular piece from the 'ty. MOTION by Dr. Vos, seconded by Mr. Jon , to recommend approval of variance, VAR #03-02, to reduce the parking and hard surface setba k from 20 feet to 0 feet to recognize a pre-existing condition on Parcel C: All of Lot 5, Auditor's S bdivision No. 94, except...(complete legal on file), generally located at 1200 Cheri Lane NE UPON A VOICE VOTE, ALL VOTE AYE, CHAIRF�RSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. PUBLIC HEARING: VARIANCE REQUEST. VAR #03-03, BY CHARLES SEGNER: Per Section 205.07.03.D.(2).((a)) of the Fridley Zoning Code, to reduce the side yard setback for living area from 10 feet to 6 feet to convert the existing attached garage into living space on Lot 13, Block 5, Christie Addition, generally located at 6321 Jefferson Street NE MOTION by Mr. Jones, seconded by Dr. Vos, 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 7:39 P.M. Ms. Stromberg stated the petitioner is seeking a variance to reduce the side yard setback from 10 feet to 6 feet to convert his existing garage into living space at his residence at 6321 Jefferson Street NE. Ms. Stromberg stated the petitioner's hardship states, "We are requesting to turn our attached garage into a living area. According to the site survey, the attached garage, which was built in 1965, is six feet from the property line. Converting the garage into a living area will not alter the character of the neighborhood. Many houses around us have improved their properties by � building additions and new garages. It would create undue hardship to destroy the attached garage and build a new structure an additional four feet within the property line." Ms. Stromberg stated the property is zoned R-1, Single Family, as are all surrounding properties. The existing home was built in 1957 and the attached garage was constructed in 1965. City Code requires a 10-foot side yard setback between living area and the side yard property line. City Code also requires a 5-foot side yard setback between an attached accessory building and a side yard property line. The existing garage meets the 5-foot side yard setback requirement. However, converting the existing garage into living space would require a variance to reduce the side yard setback from 10 feet to 6 feet. Ms. Stromberg stated the petitioner also plans to construct a 41' x 24' detached garage in the rear yard of the property. City Code requires that all driveways and parking stalls be set back three (3) feet from any property line except as agreed to in writing by the adjacent property owners and filed with the City. The petitioner pians to construct the proposed driveway right up APPEALS COMMISSION MINUTES, FEBRUARY 12, 2003 PAGE 4 to the north property line. The petitioner did submit a letter from his neighbor who is okay with him locating the driveway right up to the property line. Ms. Stromberg stated City staff has no recommendation as similar variances have been granted in the past. In 2002, a side yard setback was reduced from 10 feet to 5 feet to convert the existing garage into living space at 130 Logan Parkway. In 2000, the side yard setback was reduced from 10 feet to 5 feet to construct a home addition at 369 Hugo Street. Ms. Stromberg stated that if the Appeals Commission approves the variance, staff recommends the following stipulations: 1. The petitioner shall obtain a building permit for the conversion of the existing garage prior to obtaining a building permit for the construction of the proposed garage. 2. The petitioner shall obtain authorization in writing from the adjacent property owner before instal�ation of a hard surface driveway on the north side of this property. 3. The petitioner shall install Code required hard surface driveway within 12 months of issuance of a building permit. 4. The existing driveway shall be removed and curb restored and yard resodded upon compfeiion of proposed garage and driveway. 5. The proposed garage shall be architecturally compatible with the existing home and finished with complementary siding and color scheme. 6. A!I vehicles shall be stored on a hard surface driveway as approved by the City. 7. The garage shall not be used for a home occupation or living area. Dr. Vos stated that since the existing garage which is going to be converted to living space would be six feet from the property line, and the other side is 10 feet to the property to the south, does there need to be a fire wall? Ms. Stromberg replied, no, Mr. Kuechle asked the rationale for the stipulation that the existing driveway be removed and the curb restored. Ms. Stromberg stated staff wants the existing driveway tumed back into actual green space in the yard. In the past, variances have been granted where this stipulation has not been put on the variance. Both driveways were then kept with one driveway leading up to the living space which used to be a garage. So, staff feels it is appropriate to have the driveway removed in the front yard. Mr. Kuechle stated he can understand that reasoning. One of his concerns is if the driveway is installed alongside the house, it is going to be, at most, 10 feet, and the off-street parking is going to be somewhat restricted. Wouldn't it be better to leave the existing driveway for off- street parking? Ms. Stromberg replied it was staff's consensus to have the driveway removed and the area resodded. The petitioner is going to be installing quite a large garage in the rear yard; that will also allow for vehicle parking. Dr. Vos stated there is 58 feet from where the curb runs. The driveway is going back almost as far as it can go so there is proba6ly another 28-30 feet there. APPEALS COMMISSION MINUTES, FEBRUARY 12, 2003 NAV� 5 The petitioner, Charles Segner, 6321 Jefferson Street NE, stated that regarding the stipulation on removing the driveway, he would like to have a few extra months for the removal, because he would like to build the garage first and use that driveway to store building materials. Dr. Vos stated the petitioner is building a pretty good sized garage. The garage will be 24 ft. by 41 ft. , and the house is 24 ft. by 36 ft. He thinks it would work in the neighborhood because the neighbor's garage is set back as well. So the driveway along there won't look too bad. He would also be in favor of removing the existing concrete driveway. The petitioner's neighbor, Pat Hyde, 6311 Jefferson Street, stated the garage will be right next to her property. She has no problem with that. They just wanted to make sure the old driveway is removed, and Mr. Segner has assured them that would be done. She stated regarding the concern with the parking, their house has the same long driveway on the other side with the setback and they do not have any problems with parking. MOTION by Mr. Jones, seconded by Dr. Vos, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTtON CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 7:52 P.M. MOTION by Mr. Jones, seconded by Dr. Vos, to receive into the record a letter from Keith and Sandra Anderson dated February 1, 2003, stating they have no problem with the driveway location and garage structure. MOTION by Mr. Jones, seconded by Dr. Vos, to approve variance, VAR #03-03, to reduce the side yard setback for living area from 10 feet to 6 feet to convert the existing attached garage into living space on Lot 13, Block 5, Christie Addition, generally Iocated at 6321 Jefferson Street NE, with the following stipulations: 1. The petitioner shall obtain a building permit for the conversion of the existing garage prior to obtaining a building permit for the construction of the proposed garage. 2. The petitioner shall obtain authorization in writing from the adjacent property owner before installation of a hard surface driveway on the north side of this property. 3. The petitioner shall install Code required hard surface driveway within 12 months of issuance of a building permit. 4. The existing driveway shall be removed, the curb restored, and the yard resodded within 12 months of the issuance of a building permit. 5. The proposed garage shall be architecturally compatible with tF�e existing home and finished with complementary siding and colar scheme. 6. All vehicles shall be stored on a hard surface driveway as approved by the City. 7. The garage shall not be used for a home occupation or living area. UPON A VOICE VOTE, ALL VOTE AYE, CHAIRPERSON KUECHLE DECLARED THE MOTIONS CARRIED UNANIMOUSLY. � 3. PUBLIC HEARING: VARIANCE R QUEST VAR #03-04 BY TIMOTHY MILLER: • Per Section 205.07.03.D(1) of th Fridley Zoning Code, to reduce the front yard setback from 29 feet to 18.2 feet to ecognize an existing non-conformity; and • Per Section 205.04.04.G of the Fridl Zoning Code, to reduce the front yard setback from 29 feet to 10 feet to construct an pen covered porch on the west side of the home, on Lots 18-24, Block K, Rivervie Heights Addition, generally located at 591 Dover Street NE. _ _ CITYOf FR[DLEY FRIDLEY LfUNICIPAL CEIvTER • 6d31 UNIVERSITY .aVE. 1�1.E. FRIDLEY, MN 5543'? •(763) 571-3�t50 • FAY (763) �71-1287 APPEALS COMMISSION ACTION TAKEN NOTICE February 19, 2003 Charles Segner 6321 Jefferson Street NE Fridley, MN 55432 Dear Mr. Segner: On �ebruary 12, 2003, the Fridley Appeals Commission officiaify approved a request for variance, VAR #03-03, to reduce the side yard setback for living area from 10 feet to 6 feet to convert the existing attached garage into living space on Lot 13, Block 5, Christie Addition, generally located at 6321 Jefferson Street NE, with the following stipulations: 1. The petitioner shall obtain a building permit for the conversion of the existing garage prior to obtaining a building permit for the construction of the proposed garage. 2. The petitioner shall obtain authorization in writing from the adjacent property owner before installation of a hard surFace driveway on the north side of the property. 3. The petitioner shall install a Code-required hard surface driveway within 12 months of the issuance of a building permit. 4. The existing driveway shall be removed, the curb restored, and the yard resodded within 12 months of the issuance of a building permit. 5. The garage shall be architecturally compatible with the existing home and finished with complementary siding and color scheme. 6. All vehicles shall be stored on a hard surface driveway as approved by the City. 7. The garage shall not be used for a home occupation or living area. You have one year from the date of the Appeals Commission 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. - !f you have any guestions regarding the above action, pfease caN me at 572-3595. Sincerely, r r � �;�i� �- �, �'u,�t, l Stacy Str mberg Planner � � � P{ease review the above action, sign below, and return the original to the Ciry of Fridley Planning Department by March 5, 2003. SS:Is Concur with action taken t . � . � `. ' , STATE OF MINNESOTA COUNTY OF ANOKA CITY OF FRIDLEY In the Matter of: VAR #03-03 ) ) ) Owner: Charles E. Segner and Karen M. Segner 1�- 3-� z� �E � o���t t� I APPEALS COMMISSION PROCEEDINGS VARIANCE The above entitled matter came before the Appeals Commission of the City of Fridley and was heard on the 12th day of February, 2003, on a petition for a variance pursuant to the City of Fridley's Zoning Ordinance, for the following described property: To reduce the side yard setback for living area from 10 feet to 6 feet to convert the existing attached garage into living space on Lot 13, Block 5, Christie Addition, generally located at 6321 Jefferson Street NE IT IS ORDERED that a variance be granted as upon the following conditions or reasons: Approved with stipulations. See attached February 12, 2003, 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 y hand at the City of Fridley, Minnesota, in the County of Anoka on the �c �- day of `�Yj�� , 2003. DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 � Debra A. Skogen, ity Clerk � .. �; ' ox • � , s �' � ,''F���k'L) �� , . . ,. ,, t � T� , .. . ��G.i M� � _ � . . �� ) T, �p ..fi.. s�� .., 'r•�1 � _ �- Variances are valid for a period of one year following approval and shall be considered void if not used within that period. • � RePPEALS LOMMISSION MINUTES, FEBRUARY 12, 2003 PAGE 3 Dr. Vos asked if the property ownerl�emoved the parking stall because it was close to or on the property line. � Ms. Stromberg stated it was across the�property line. Dr. Vos stated fhat there are still parking �tafls an the City property... Ms. Stromberg stated, no, currently, all parl�ing stalls are on Dr. Levitan's property because he purchased the triangular piece from the City� MOTION by Dr. Vos, seconded by Mr. Jones,` to reduce the parking and hard surface setbac condition on Parcel C: All of Lot 5, Auditor's S file), generally located at 1200 Cheri Lane NE UI�aN A V�i�� VOTE, ALL VuTE EiYE, � MOTION CARRiED UNANtMOUSLY. � recommend approval of variance, VAR #03-02, from 20 feet to 0 feet to recognize a pre-existing �division No. 94, except...(complete legal on Kl7ECi�LE �E�L�►ftED �°HE 2. PUBLIC HEARING: VARIANCE REQUEST, VAR #03-03. BY CHARLES SEGNER: Per Section 205.07.03.D.(2).((a)) of the Fridley Zoning Code, to reduce the side yard setback for living area from 10 feei to 6 feet to convert the existing attached garage into living space on Lot 13, Block 5, Christie Addition, generally located at 6321 Jefferson Street NE MOTION by Mr. Jones, seconded by Dr. Vos, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTtON CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 7:39 P.M. Ms. Stromberg stated the petitioner is seeking a variance to reduce the side yard setback from 10 feet to 6 feet to convert his existing garage into living space at his residence at 6321 Jefferson Street NE. Ms. Stromberg stated the petitioner's hardship states, "We are requesting to turn our attached garage into a living area. According to the site survey, the attached garage, which was built in 1965, is six feet from the property line. Converting the garage into a living area will not alter the character o€ iF�e neigiborhooci. �vlany houses around us have improved their properties by building additions and new garages. It would create undue hardship to destroy the attached garage and build a new structure an additional four feet within the property line." Ms. Stromberg stated the property is zoned R-1, Single Family, as are all suROUnding properties. The existing home was built in 1957 and the attached garage was constructed in 1965. City Code requires a 10-foot side yard setback between living area and the side yard property line. City Code also requires a 5-foot side yard setback between an attached accessory building and a side yard property line. The existing garage meets the 5-foot side yard setback requirement. However, converting the existing garage into living space would require a variance to reduce the side yard setback from 10 feet to 6 feet. Ms. Stromberg stated the petitioner also plans to construct a 41' x 24' detached garage in the rear yard of the property. City Code requires that al! driveways and parking stal)s be set back three (3) feet from any property line except as agreed to in writing by the adjacent property owners and filed with the City. The petitioner plans to construct the proposed driveway right up ,.. APPEALS COMMISSION MINUTES, FEBRUARY 12, 2003 PAGE 4 to the north property line. The petitioner did submit a letter from his neighbor who is okay with � him locating the driveway right up to the property line. Ms. Stromberg stated City staff has no recommendation as similar variances have been granted in the past. tn 2002, a side yard setback was reduced from 10 feet to 5 feet to convert the exisfing garage into living space at 130 Logan Parkway. In 2000, the side yard setback was reduced from 10 feet to 5 feet to construct a home addition at 369 Hugo Street. Ms. Stromberg stated that if the Appeals Commission approves the variance, staff recommends the following stipulations: 1. The petitioner shall obtain a building permit for the conversion of the existing garage prior to obtaining a building permit for the construction of the proposed garage. 2. The petitioner shall obtain authorization in writing from the adjacent property owner before installation of a hard surface driveway on the north side of this' property. 3. The petitioner shall install Code required hard surface driveway within 12 months of issuance of a building permit. 4. The existing driveway shall be removed and curb restored and yard resodded upon completion of proposed garage and driveway. 5. The proposed garage shall be architecturally compatible with the existing home and finished with complementary siding and color scheme. 6. All vehicles shall be stored on a hard surface driveway as approved by the City. 7. The garage shall not be used for a home occupation or_living area. _ Dr. Vos stated that since the existing garage which is going to be converted to living space would be six feet from the property line, and the other side is 10 feet to the property #o the south, does there need to be a fire wall? Ms. Stromberg replied, no, Mr. Kuechle asked the rationale for the stipulation that the existing driveway be removed and the curb restored. Ms. Stromberg stated staff wants the existing driveway turned back into actual green space in the yard. In the past, variances have been granted where this stipulation has not been put on the variance. Both driveways were then kept with one driveway leading up to the living space which used to be a garage. So, staff feels it is appropriate to have the driveway removed in the front yard. Mr. Kuechle stated he can understand that reasoning. One of his concerns is if the driveway is installed alongside the house, it is going to be, at most, 10 feet, and the off-street parking is going to be somewhat restricted. Wouldn't it be better to leave the existing driveway for off- street parking? Ms. Stromberg replied it was staff's consensus to have the driveway removed and the area resodded. The petitioner is going to be installing quite a large garage in the"rearyard; that will also allow for vehicle parking. Dr. Vos stated there is 58 feet from whe�e the curb runs. The d�iveway is going back almost as far as it can go so there is probably another 28-30 feet there. A-?PEALS COMMISSION MINUTES, FEBRUARY 12, 2003 PAGE 5 The petitioner, Charies Segner, 6321 Jefferson Street NE, stated that regarding the stipulation on removing the driveway, he would like to have a few extra months for the removal, because he wou(d like to build the garage first and use that driveway to store building materials. Dr. Vos stated the petitioner is buitding a pretty good sized garage. The garage wil� be 24 ft. by 41 ft. , and the house is 24 ft. by 36 ft. He thinks it would work in the neighborhood because the neighbor's garage is set back as well. So the driveway along there won't look too bad. He would also be in favor of removing the existing concrete driveway. The petitioner's neighbor, Pat Hyde, 6311 Jefferson Street, stated the garage will be right next to her property. She has no problem with that. They just wanted to make sure the old driveway is removed, and Mr. Segner has assured them that would be done. She stated regarding the concern with the parking, their house has the same long driveway on the other side with the setback and they do not have any problems with parking. MOTION by Mr. Jones, seconded by Dr. Vos, to close the pubfic hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 7:52 P.M. MOTION by Mr. Jones, seconded by Dr. Vos, to receive into the record a letter from Keith and Sandra Anderson dated February 1, 2003, stating they have no problem with the driveway location and garage structure. MOTION by Mr. Jones, seconded by Dr. Vos, to approve variance, VAR #03-03, to reduce the side yard setback for living area from 10 feet to 6 feet to convert the existing attached garage into living space on Lot 13, Block 5, Christie Addition, generally located at 6321 Jefferson Street NE, with the following stipulations: _ 1. The petitioner shall obtain a building permit for the conversion of the existing garage prior to obtaining a building permit for the construction of the proposed garage. 2. The petitioner shall obtain authorization in writing from the adjacent property owner before installation of a hard surface driveway on the north side of this property. 3. The petitioner shall install Code required hard surface driveway within 12 months of issuance of a building permit. 4. The existing driveway shall be removed, the curb restored, and the yard resodded within 12 months of the issuance of a building permit. _ 5. Tne proposea garage shali be archiieciuraiiy compaiir�fe wiin ihe existing home and finished with complementary siding and color scheme. 6. All vehicles shall be stored on a hard surFace driveway as approved by the City. 7. The garage shall not be used for a home occupation or living area. UPON A VOICE VOTE, ALL VOTE AYE, CHAIRPERSON KUECHLE DECLARED THE MOTIONS CARRIED UNANIMOUSLY. � 3. PUBLIC HEARING: VARIANCE REQU T • Per Section 205.07.03.D(1) of the Fri y setback from 29 feet to 18.2 feet to rec c • Per Section 205.04.04.G of the Fridley Z from 29 feet to 10 feet to construct an op home, on Lots 18-24, Block K, Riverview Dover Street NE. Zoning Code, to reduce the front yard �ize an existing non-conformity; and ning Code, to reduce the front yard setback I�covered porch on the west side of the ights Addition, generally located at 591 ABSTRACT . DOCUMENT N0. 17 7 9 815 . 0 ABSTRACT ANOKA COUNTY MINNESOTA I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS FILED IN THIS OFFICE FOR RECORD ON jVjp,R 2 5 2 O O 3 AT 4: 3 O PM AND WAS DULY RECORDED. FEES AND TAXES IN THE AMOUNT OF $ 2 O. O O PAID, 2003057502 RECEIPT N0. MAUREEN J. DEVINE ANOKA COUNIY PROPER7Y TAX ADM/N/STRATOR/RECORDER/REGISTRAR OF TITLES SAJ BY DEPUIY PROPER7Y TAX ADMINISTRATOR/RECORDER/REGISTRAR OF TITLES