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AF-V - 47913��_ �� CITY OF FRIDLEY� T:�S.�``� � 6431 UNIVERSITY AVE. N.E. 7� - FRIDLEY, MN 55432 �"� . (612) 5Tf-3450 VAR[ANCE REQUEST FORM VARIANCE # �T� VARIANCE FEE �BO RECEIPT � �� SCHEDULED APPEALS MEETING DATE _��. PROPERTY iNFORMATION � PROPERTY ADDRESS l`n� L � ��'1��'1 �-� � b g LEGAL DESCRIPTION: LOT �._ BLOCK �_.` TRACT/ADDITION 1-��A�i-T�K=� (#L�-�-S Sl�'�Lwp ,�D. PRESENT ZONING 'S c��ti-� i �L e VARIANCE REQUEST(S): Attach a plat or survey of the property showing building, variance(s), where applicable. IA-�D 1T"t.Q"� � � NoM F �` � �F-0 +� /UD�"Yl� CDT C/�v F' — — - - - -- - Y`��.�.S.Z--Slr%c�__�n�.--�FIo-!wf? _ �'r'e_m . I 0 � '�u (p � _ Section of the Code: List specifie hardship(s) which require the varianee(s): - �3�C+�uSF o� Cx �sriN� L�`i a��- eF Houj�,s t�ieoPR.os�D �bCI�T�ON oC= ADti�� ►U- - t S�T�L Otii�.� F�'�s�B�E Loc �►-T/0lv - O v�f� ~ �� :�t��t*��t��t��t��f��t��*�e��t��t��*��t��*��*��t�� FEE OWNER INFORMATION �� NAME (please print) �2-��oR-`'i Ili(�C�i2T�NSo�V PHONE �7 �� d`/ � 1 . IBI��- �oac� ADDRESS SIGNATURE � �� DATE �' � � ' � 7 ��°�� °��*�� PETtTiONER INFORMATION NAME ( please print ) � a�1e. _ PHONE ADDRESS SIGNATURE DATE i�f��f��if#�#ii#IEif�i�i��#�ii�li��if�iff*�#fflf�lE#if��f#fi��i#lEii�#iF*i��#��i� APPEALS CO�IISSION: APPROVED DENIED DATE CITY COUNCIL: APPROVED DENIED ___ _ DATE STIPULATIONS: �� /9 � I �r��v ..c�-e. �=�au�. ��r►� �v�e., �a.oC- ry�,-- ��e�!��, �aur� ,�Gut;t/� .,�it,e� u►� clu��r�' �. �, /►22�,aC_. Gt-. �m"- U �-' G��. h�uvrn-, Q/� �- ��- /�o�- c� Gt�'� � d�- ��-�� utin1,�,�v��_ ' z�— . ` � 1�1 S L 8 L�T � 0 t�.� � S I J F C� 55 /� � E C- t A- t� 5 G O F � X ► s i � I U S. �L c K-5 /�D Sw� rwwt.�N� ?c�al. ,�1.5t� �X��Z- r►..r�. �baM. 5 / w a�L�D I.�o`T' ��4:LD w b�5 �26� � ��NtN�,. Arr" � 1.1V�IVC �a�w` � i4 l� � S 5 Tfl ��-o n o S c-' D+F � rv� 4 ��-j riZo o� . ' � COMNaSS10N APPLICATION REVIEW _ Flls Date Meetir�g Date papartment Nutnbe� C'-�� Planning 68 7/21/87 8/11/87 f Rl DLEY Flle Addrsss/Descriptlon �,� #87_29 COMPLETE REVIEW CHECKLIST 6191 xerry Lane RETURN TO PLANNING Gregory Mortenson ----D E B B 1 E--- � IM J 7�z� --DEBBIE--- JOHN �� DEBBIE-- �DARREL DEBBIf-- LYDE DEBBtE -�-- � L1 --DEBBIE' LEON �-z� — DEBBIE --- COMMENTS Gi-l�-�- S lTC 1��1 F�2 f�'-U , I�tss� a ��i�� S�fc Pfi►h �eJ�'e �►''�r�� e s AYFEai�S t.:0�f�9ISSIUhi MEETING, AUGUST li, 1987 PAGE 3 �,'_ .::aci:c, i.;cii�ated that the garage addition was intended to house a / van, t-:hich i� currently kept outside or stored at a different location. -,.•_,. .;,;_�.�,_,-,� :;�,�� rorch is for added space to the kitcnen off the back side of the house. This cannot be located in a different area. The iicusc is a m�;lti-level house and there is no other place where a porch �.,�i.:i �it. il�ere is currently a small deck but it is not useabl 'because it is onl.y four feet. The backyard is wooded and also has low round with a terraced wall. Basically, the addition of the three-s son porch �,�ould mean that the current roof would be extended approxim ely 32 feet. rir. rlackey provided blueprints of the property for the co ission's revi�w. A1�TIU"� by `!r. Barna, seconded by Mr. Sherek, to close�the public hearing. UPU`d A VOICE VU'i'E, ALL VOTING AYE, CHAIRPERSON BET,Z�OLD DECLARED THE PUBLIC HEARING CLOSED AT 7:42 P.M. � Mr. Aarna stated that he could see the hardsh' caused by the way the ;,o�..,:: :aas positioned on the 2ot. While thi was nice in the beginning, it l.ow creates problems. The lot is also n odd shape. If the house i�ere parallel, there would probably be n need for a variance. Also to be considered is the individual's lifes yle and the neighborhood. Mr. Barna considered the request valid. Ms. 5avage ag�eed. The additions eet the spirit of the code in that they zall within the aesthetic c siderations that the code is considered about and enhance the appearan . �Sr. Snercx tound the reques acceptable. Mr. Betzold agreed. The additions would fit in with the property and the ne ig?�bor?:ood . MOTIUt� by Mr. Barna seconded by Ms. Savage, to recontmend to Gity Council the approval of V IANCE REQUEST, VAR �687-28, BY WILLIAM MACKEY, PUltSUANT T(? CHA.PTER 205.0 .03, D, 1, OF THE FRIDLEY CITY CODE, TO REDUCE THE FRONT YARD SETBACK F M 35 FEET T0 28 FEET TO ALLOW THE CONSTRUCTION OF AN ADDITION TO T GARAGE; AND, PURSUANT TO CHAPTER 205.07.03, D, 3a, OF THE FRTDLEY CIT CODE, TO REDUCE THE REAR YARD SETBACK FROM 28 FEE'1' TO 15 �'EET TQ ALLOh' E CONSTRUCTION OF A THREE-SEASON PORCH, ON LOT 3, BLOCK 3, INNS$RUC NORTH ADDITION, THE SAME BEING 5660 ARTHUR STREET N.E., FRIDLEY, MINNES A, 55432. �A VOICF: VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION _ IED UNANIMOUSLY. CONSIDERATION OF A YARIANCE REQUEST, VAR ��87-29, BY GREGORY MORTENSON, PURS�JANT TO CHAPTER 205.07.03, D, 2a, OF THE FRIDLEY CITY CODE, TO REDUCE TfiE REQt�IRED SIDE YARD SETBACK FROM 10 FEET TO 6 FEET TO ALLOW THE CUNSTRUCTION OF ADDITIONAL LIVING SPACE ON LOT 3, BLOCK 1, HEATHER HILLS SECOI�D ADDITION, THE SAME BEING 6i9i KERRY LANE N.E., FRIDLEY, MINNESUrA, ' 55432. Mr_. Clark stated that a problem has arisen regarding this variance which has been disc�issed with the petitioner. The house and garage is not Iocate� or_ che ].ot where it was thought to be. When a preli.minary site review was made, it was determined there probably was an error in the I �• . APPE�LS C0:•.�IISSION MEETING, AUGUST 11, 1987 PAGE 4 :;,_ a'�; �7. � o� : t'�on of the house. This was confirmed by a survey. Therefore, ttr: variance �tiould be 4.4 feet rather than that stated in the handout. in �; : s:,�;s��o �.s ��ith Mr. Mortenson, it may be possible to jog the addition sa it would be in excess of S feet from the lot line. Also on the same ,�rop�:.r.Ly�, a�2-foot easement exists - 6 feet on this lot and 6 feet on the n��z�},'��r.�.r,�; iot. Council action is required is allow encroachment on an easen�e��. i+� is likely that the Council will ask the petitioner to get ttais var.ated• Mr. C1ark has checked with the Engineering Department, and tney stated tl-iey see no real need for the easement at this time or in the �uture, so it is possible that the easement will be vacated. This process takes qt,itP a bit of time. The Council could allow a temporary encroar_hment or an encroachment for as long as it takes to get the easement vdca+ed. �Ir. Clark has given Mr. Mortenson a Petition for Vacation of F.as�ment i�hici� should be signed by the time the commission considers the va::�ance request with the corrected sideyard setback. The petitioner was asked to attend the meeting at this time so that the commission members cou13 hear any comments from neighbors to the proposed variance. No neighbors have come to the meeting, so it is assumed there is no objection. The c.ommission cannot take action on the variance request at this time. The variance request will be republished for discussion at the September 1 mee�.in�;. MOTION by Mr. Sherek, seconded by Ms. Savage, to table consideration of \'�,RTp.NCE �tFQTJEST, VAR ��87-29, BY GREGORY MORTENSON, PURSUANT TO CHAPTER `L05.C7.03, D, 2a, OF THE FRIDLEY CITY CODE, TO REDUCE THE REQUIRED SIDE YARD SETB?.CK FRQM 10 FEET TO 6 FEET TO ALLOW THE CONSTRUCTION OF ADDITIONAL LIVING SPACE ON LOT 3, BLOCK 2, HEATHER HILLS SECOND ADDTTTON, TEi� SA��1:. Bi.I�� 6i91 KERRY LANE N.E., FRIDLEY, MINNESOTA, 55432, so that ti�e r��yuas �. c:ari be republished with changes for the next meeting of the Appeals Commission. 1JPOn A �'OiCE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION i;��:.:1'�U �:;A:��:GUSLY. 3: OTHE,R BUSInESS a. Proposed Variance Informational Handout rlr. Parna indicated that people are confused by the gal hardship and felt it beneficial if some examples of hardsh' explanations could be given. Mr. Clark stated that this i fficult to do because of varying factors including the n" borhood, objections by neighbors, and also the final decisio made by the City Council. Mr. Clark indicated he talks wit ose persons making variance requests and tries to explain at is required. Ms. Savage agreed that this almost needs to be done on a case by case basis. _ _ CITYOF FR[DLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE (612) 571-3450 NOTICE OF PUBLIC HEARIl� Notioe is hereb� given that the Appeals Commission of the City of Frid].ey wi11 oonduct a Public Hearing in the City Council Cha¢nbers at 6431 University Avenue Northeast at 7:30 p.m. on Tuesday, Septe�nber 1, 1987, in regard to the f oll aaing matter : Consideration of a varianae r�uest, VAR �87-29, by Gregory Mortenson, pursuant to Chapter 205.07.03, D, 2a, of the Fridle� City Code, to reduoe the required side yard setback fro�n 10 feet to 4.4 feet to allow the construction of additional living space on Lot 3, Block 2, Heather Hills Second Addition, the same being 6191 Kerry Lane N. E. , FridlEy, Minnesota, 55432. Noti�e is hereby given that all persons having an interest therein will be aiven the opnortunitv to be heard at the above time and plaoe. �� . � : a� • � « . r• ,. . • . •r � �• i • Note: The Appeals Conanission witl have the final action on this request., unless there are objections fran surro�ding neighbors, the City Staff, or the petitioner cbes not agree with �e Commission's decision. If any of these events occur, the request will ooritinue to the City Co�.mci1 through the Planning Conunission with only a reoamanendation fran the Appeals Canenission. MAILING L IST VAR #87-29 6191 Kerry Lane Appeals 7/29/87 Appeals 8/18/87 Miehael Russinik John Crane Church of God of Prophecy 6236 Kerry Lane 6170 Rice Creek Drive 6191 Rice Creek Dr. N.E. Fridley, I�W 55432 Fridley, NIl�i 55432 Fridley, MlJ 55432 Gregory Niortenson 6191 Kerry Lane fridley, M�i 55432 Lawrence Beckish 1481 HCi.ce Creek Drive Fradley, Nll�I 55432 Robert Helberg 1491 Rice Creek Drive Fridley,'1�Il�i 55432 Karl Kreter 1420 Kerry Circle Fri�ley, MfV 55432 Bruce Anderson 1430 Kerry Circle Fridley, MN 55432 James Schaffran b180 K�rry Lane Fridley, MN 55432 Ron�.ld Cadwell 6170 Kerry Lane Fridley, MN 55432 Kurt Schrupp 6171 KBrry Lane Fridley, NIlV 55432 Donald Bratt 6181 Kerry Lane �ridley, MN 55432 Richard Ferber 6160 Rice Cre�k Drive Fridley, MN 55432 Dennis Forstrom 6230 Rice Creek Drive �ridley, MN 55432 Dennis Christensen 6220 �ice Creek Drive �ridley, MN 55432 Timothy Solberg 6210 Rice Creek Dr3ve Fridley, NIlV 55432 Dan�el Allen 6200 Rice Creek Drive Fri$Ieyy MN 55432 William Denker � 6190 Rice Creek Drive Fridley, MN 55432 William Michaeiis 6180 Rice Creek Drive Fridley, MN 55432 Michael Roa�h 6211 Rice Creek Drive Fridley, MN 55432 Lee Wraspir 6201 Rice Creek Drive Fridley, MN 55432 Edwaxd Clark 6251 I�erry Lane Fridley, MI�11 55432 Larry Morford 6233 Berry Lane Fridley, MN 55432 Patrick 0'Hern 6243 IC�rry Lane Fridley, MN 55432 Robert Osman 1431 kerry Circle Fridley, N(N 55432 Thomas Heaulieu 11230 P artridge St NW Coon Rapids, NW 55432 Eugene Schaeffer 6240 Kerry Lane Fridley, MN 55432 It�l�t # 1� September 1, 1987 . , � �. . . �. � .� 6191 KERRY LANE VAR #87-29 A. PUBLIC PUR�SE SERVID BY RD,ZUIRF�IT: Sectian 205.07.3, D, 2a, requires a side yard of ten (10) feet between ariy living area and sic� property lir�es. Public �Zrpose served tr� this requireme.nt is to maintain a minimiun of 20 feet between living areas in adjacerit structures and 15 feet between garages and living areas in adjac�ent structures to reduce exposure to oonflagrati� of f ire. It is also to allaw far aesthetically pl easing open areas around residential structures. E��v; 4a�e . ; �.:�, �� "Becau,se of existing layout of house proposed location of addition is the only feasible location. In 1977 when we built our house we had no children. Naw, with three graaing children we feel the need for a fanily roo�n, an all-purpose roan for fa�nily activities. The addition of this roan would fulfill the�e needs. "This location is necessary because of existing decks and swimming pool. Also, existing rocros (dining and living room) would not allaw desired aocess to proposed fa�►i1y roan." C. ALMINIS�21�1TIVE STAFF REVIIInT: The petitioner would like to add living space on behind the existing garage. Zhe existing garaqe is approximately 19.7 feet f rom the home to the north. It is very important that we knaw exactly haw far the nprth wall is fran the existing north lot lin�e because there is a 6' easement 1 ocated along the npr th 1 ine. 7heref ore, th e pe ti ti oner has been requested to prwide a survey verifying that dimension. If the Appeals Co�amission acts on this variance request, the staff has no stipulati�s to reoo�miend until a survey is available. m � 0 CITY OF FRIDLEY APPEALS COP1t1ISSI0N t1EETING, SEPTEh18ER 1, 1987 CALL TO ORDER: Chairperson Betzold called the September 1, 1987, to order at 7:30 p.m. � ROLL CALL: ls Corrrnission meeting Members Present: Donald Betzold, Alex�arna, Jerry Sherek, Kenneth Vos Members Absent: Diane Savage Ot{�ers Present: Darrel Clar City of Fridley Isabelle dal, 6133 Woody Lane N.E. Gregory ortenson, 6191 Kerry Lane David arris, 470 Rice Creek Blvd. Jan' e Warren, 3530 Skycraft Drive, St. Anthony APPROVAL OF AUGU�1' 11. 1987, APPEALS COP1P1ISSIOPJ MINUTES: MOTION BY MR�/BARNA, SECONDED BY MR. SHEREK, TO APPROVE THE AUGUST Z1, 1987, APPEALS COIy�ISSION MINUTES AS WRITTEN. UPON A DICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRI D UNANIMOUSLY. 1. COtJTI(�UATION OF A UARIA�dCE REQUEST, VAR #87-29, BY GREGORY �10RTENSON, PURSUANT TO CHAPIER 20�.0 .03, D, a, OF THE RIDLEY � TY C�DE �0 REDUCE UIRED SI K E S R C ION F DI I I � SP , , E ILLS SECOND ADDITION, THE SA��E BEIPJG 6191 KERRY LAP�E Pd.E., FRIDLEY, MINP�ESOTA, 32. MOTIDN BY MR. BARNA, SECONDED BY DR. VOS, TO OPEN THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE PUBLIC HEARING OPEN AT 7:32 P.M. Chairperson Betzold read the Administrative Staff Report: ADMINIS7RATIVE STAFF REPORT 6191 KERRY LANE VAR #87-29 A. PUBLIC PURPOSE SERVED BY REQUIREFIENT: Section 205.07.3, D, 2a, requires a side yard of ten (10) feet between any living area and side property lines. � APPEALS COt�MISSION PIEETING, SEPTEMBER 1, 1987 PAGE 2 Public purpose served by this requirement is to maintain a minimum of 20 feet between living areas in adjacent structures and 15 feet between garages and iiving areas in adjacent structures to reduce exposure to conflagration of fire. .It is also to allow for aesthetically pleasing open areas around residential structures. 8. STATED HARDSHIP: "Because of existing layout of heuse, proposed location of addition is the only feasible location. In 1977 when we built our house we had no children. tJow, with three growing children we feel the need for a family room, an all-purpose room for family activities. The addition of this room would fulfill these needs. "This location is necessary because of existing decks and swir�nning pooi. Also, existing rooms (dining and living room) would not allow desired access to proposed family roor�." C. ADf�ItJISTRATIVE STAFF REVIE►J: The petitioner would like to add living space on.behind the existinq garage. The existing garage is approximately 19.7 feet from the home to the north, It is very important that we know exactly how far the north wall is from the existing north lot line because there is 6 ft. easement located along the north line. 7herefore, the petitioner has been requested to provide a survey verifying that dimension. If the Appeals Commission acts on this variance request, the staff has no stipulations to recommend until a survey is available. Mr. Clark stated this variance request was discussed at the last meeting. At that time, it was decided that the petitioner would have to readvertise because the measurements were different than what were anticipated--a side yard setback from 10 feet to 4.4. feet rather than from 10 ft. to 6 feet, because of the way the house and garage were located on the lot. Mr. Clark stated there was also a 6 ft. easement that ran along the pro�erty line that was for drainage purposes only. The City Engineering Oepartment has gone out to the site, reviewed the drainage, and feel the drainage ease- ment was not necessary. So, that day the petitioner had petitioned to have the easement vacated. Even if the Appeals Commission approves the variance, the pet�tioner has to go to City Council to get a motion to aliow a temporary encroachment or an encroachment for the lenyth of time it will take for the vacation process. There should be no reason why the Council would not approve the vacation because the Engineerfng Department has reviewed it and agreed with the vacation process. � Mr. C1ark stated the petitioner had brought in sor�e construction plans fpr the addition. APPEALS C0��IISSION MEETIfJG, SEPTEMBER 1, 1987 PAGE 3 Mr. Betzold stated he would like the petitioner to better explain his hardship. Mr. t�ortenson stated they do not have a family room at this time. They have a living room, but they do not have a'room for the TV, piano, and a place for the children to play and have friends over. It would be very nice to have a room for those types of activities. He stated he did not feel it would work out very well to have the addition anywhere else on the lot. Mr. Betzold stated one concern he had was overbuilding on the lot, and the Co�mission does try to discourage that. Mr. Mortenson stated they do have quite a few large trees in the back yard and the addition would not involve the taking down of the trees. They would still have a grassy area between the addition and the swimming pool and behind tiie swimming pool as there is now. Right now where the addition would go, they have a sandbox and a swingset and those will be moved farther back. Dr. Vos asked if Mr. Mortenson had talked to his neighbor to the north about the addition. �r. Mortenson stated, yes, he had talked to his neighbors. The neighbor to the north had no problem with the addition, and the neighbor tn the south would not even see the addition because of so many trees. Mr. Sherek asked how old the house was. Mr. Mortenson stated he built the house about 10 years ago. Mr. Barna asked Mr. Clark what the percentage of lot coverage would be with the addition and the screened-in porch. Mr. Clark stated that the lot coverage with the addition Would be 16.4q. This was not including the swimming pool. The allowable lot coverage was 25q. The petitioner was allowed by code to have 3,453 sq, ft. of building, and he would have 2,278 sq, ft. with the addition. Mr. Barna asked why the petitioner cou?d not move the addition over 4 ft. to the south. . Mr. Mortenson stated there was a half-bath back there with a window, and they did not want to have to remove.that window. Plus, it would make them so much closer to the swimming pool, and it would make the back yard look more cluttered. The way the addition was proposed, there was a fairly decent space between the addition and the swirraning pool. Mr. Barna stated that since the sideyard was already ecisting at 4.6 ft., was it existing non-conforming? APPEALS C0�1��7ISSIOP� MEETIPJG, SEPTEMBER 1, 1987 PRGE 4 Mr. Clark stated that was correct; however, if thQ Appeals Comnission altered the variance being requested to less than the 4.6 ft., then it would be proper for the Commission to act on the existing 4.6 ft. and then in a separate motion approve the,variance the Corr�nission wants to approve. How- ever, if the Commission approves the 4.4 ft., then he felt that was encom- passing enough to include the existing sideyard setback. MOTION BY MR. BARNA, SECONDED BY MR. SHEREK� TD CLOSE THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE PUBLIC HEARING CLOSED AT 7:54 P.M. Mr. Sherek stated he had a difficult time with the hardship in this case. The house was built by the petitioner, and there were no pre-existing condi- tions from the time the property was purchased that would have created a hardship, Ne stated the lot was very crowded. Because of the difficulty he was having with the hardship, he would have to vote against the variance. Mr. Barna stated he felt basically the same way as Mr. Sherek. By moving the addition over and eliminating the bathroom window, the variance would be reduced to about 2.4 ft., but he still would have a problem with any variance. The lot was quite crowded now. ihe only hardship was a self-created hardship because the petitioner was the original owner of the house and had built the house. He stated he would have to vote against the variance aTso. Dr. Vos stated there was no objection from the neighbor to the north. By moving the addition over and still keepinq the same square footage, � variance would still be needed, so he would be in favor of the variance as requested. Mr. Betzold stated he was in agreement with what had been said by P�r. Barna and Mr. Sherek. The yard was already crowded, the addition could be put on with less of a variance than what was being requested. He also felt the hardship was very weal:. The petitioners had made certain decisions aiong the way, they planned the house, the swimming pool, etc., and now needed a variance in order to build a family room when they should have planned ahead. He would vote against the variance. MOTION BY MR. BARNA, SECONDED BY MR. SHEREK� TO RECOMMEND TO CITY COUNCIL DENIAL OF VARIANCE REQUEST, VAR #87-29, BY Q2EGORY MORTENSON, PURSUANT TO QHAPTER 205.07.03, D, 2a, OF THE FRIDLEY CITY CODE TO REDUCE THE REQUIRED SIDE YARD SETBACK FROM 10 FEET TO 4.4 FEET TO ALLOW THE CONSTRUCTION OF ADDITIONAL LIVING SPACE ON LOT 3, BLOCK 2, HEATXER HILLS SECOND ADDITION, THE SAME BEING 6191 KERRY LANE N.E., FRIDLEY, MINNESOTA, 55432. UPON A VOICE VOTE, BETZOLD, SHEREK, AND BARNA VOTING AYE, VOS VOTING NAY, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED BY A VOTE OF 3-I. APPEALS COPIMISSION MEETING, SEPTEh1BER 1, 1987 PAGE 5 MOTION BY MR. BARNA, SECONDED BY MR, SHEREK, TQ APPROVE A VARIANCE FROM 5 FT. TO 4.6 FT. FOR THE EXISTING GARAGE UNDER VAR #87-29. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTIDN BY MR. BARNA, SECONDED BY MR. SHEREK, TO SEND VAR #$7-29 DIRECTLY TO CITY COUNCIL, BYPASSING THE PLANNING COMMISSION, IN ORDER FOR THE CITY COUNCIL TD HEAR THIS ITEM ON SEPTEMBER 34� 1987. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE A90TION CARRIED UNANIMOUSLY. 2. CONSIDERATIOtJ OF A VARIANC_E �RE U�EST VAR #87-30, BY ISABELLE JORDAL, PTIRSUA�dT TO CHAP�ER��.O . 37 0. D. 1��NE ID Y C TY C��T , D C� 1"lil\1\LJVIlI� JJTJL• MOTION BY DR. VOS, SECONDED BY MR. BARNA, TO OPEN THE PUB UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD HEARING OPEN AT 8:02 P.M. � Chairperson Betzold read the Administrative Staff//�teport: ADMItJISTRATIVE STAFF RE fr.133 .WOODY LANE W. Ey VflR #87-30 / A. PUBLIC PURPOSE SERVED BY REQUI Section 205.07.03, D, 1, req 35 feet. / � HEARING. THE PUBLIC a minimum front yard depth of ' Public purpose served b this requirement is to allow for off-street parking without encr ching on the pub3ic right-of-way and also for aesthetic consider on to reduce the building "line of sight" encroach- ment into the nei bor's front yard. B. STATED HARDSHXP: "The ori ' al building has a flat roof which was intended for a porch t was never built. We need the porch now as a permanent solu 'on to the leaking roof which will rot out the garage ceiling joi s if it is not fixed." C. /RDh1INISTRATIVE STAFF REVIEW: The home was built in 1953 prior to City zoning setback restrictions. � PLANNING DIVISlON � MEM RANDLiM ��noF 0 FRIDLEY I+END 7D: Jock Robertson, Coc►m�ity Developnent Director l�I�D FROM: Myra Wicklacz, Planning Assistarit lrEND �1TE: 5eptember 10, 1987 RF�ARDING: Mortenson Variance Request PROPOSFII� Originally the proposal was to aonstruct an addition to the existing house, which would be 4.4 feet fran t�e lot lir�e and ev� with the existing house. 1he existing garage attached to the house is aarrently in the 6 foot easement on the mrth side o�f the property and is actually 4.6 feet fran the lat line, mt 4.4. On September 1, 1987, the Appeals Cormnission denied the request for a Varianoe to allow the addition to the house. 7he Appeals Commission appraved the Variance fran 5 feet to 4.6 feet instead of 4.4 feet for the existing garage only, and rx�t for �e new addition on the house. The petitioner is still seeking apprwal for the Vacati� due to the existing c�rage plaoemerit. 7he Vacation wi11 proceed to the City Council in October. ; ��,�w� �� ; ��R# 51�i�sequent to the Appeals Cammission reviEw, the petitioner is now seeking appraval for t3�e Varianoe to �onstruct the addition 8.4' versus 10' fran the lo� lirtie. 7his change will bring the addition out o� the 6' easement. !�W/m3w A�-8'7 184 Engineering Sewer Water Parks Streels Maintenance MEMORANDUM TO: �rrel Qark, Building Inspector An187-297 FROM: �k L. Burcfi, Asst. Public Works Director DATE: September 2, 1987 SUBJECT: Drainage Easement at 5191 Kerry Lane, N. E. 0 We have reviewed the requirenent for a drainage easement along the rnrth side of the groperty at 6191 Kerry i,ane and agree that this easnent may be vacated if desired by the property aaner. Surface water which flaws between this home and the hane to the north should not be affected by vacating this eas�ne.nt and building on a portion of it. MB/ts � � sn � � 1 0 ` CERTIFICATE OF � 0 R �RGC�Ca 1�pR,c' E1.15or�1 {FIEREBY CEATiFV TMAT TMIS SURVET�PIAN.Op NEPORT WAi PREPAREO 8Y ME OR UNOER MY OIRECT SUPERV151pN A MAT 1 AM A DYLY ' EGISTERED LAN Su vEItQR uNO�R TME LAWS F iME STATE OF MINNESOTA MINNESOTA REGI$TR%i�TIbN N0. ��ol VAR #87-29 �� S U R V EY �� tensan KURTH SURVEYING INC. 4002 JEFFERSON STREET N.E. COLUMBIA HEIGNTS MINNESOTA 3�421 ei2-Tea-a�s� OATE g-1O-�7 SCAIE 1"� 2O�_ O � IRON MONIJMENT SE-� �, �. �• FOV�.►D �o-r 3, �j1�.00K � � 4-�EA�'T t�-�ER� i-`1tLS �.'�`��bl�r-�d.1, l�i.�.o�-v�, Cou►�� , t� �u t.t ��o-ro, �ar:Za-� �9 � +�., � , . �,� �- � �,,,; �,, � ; � � � � � � '�� -� ,;� � „_ � ; ��""" --��- �j . ,,�. 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'V� XA��N*' 'rA'iTN✓ ' .. .� � ,s �`� �,,, ,�. : � �;,� x. �,.� ��l� � �� ,� �� u� � ��:tt y� �4Rx, , �'� � � � r�e . � �� r .r - ,�� ,(,vx.� ; .: .� �� ; +� � �? � �= ` �',. �' f�> � �� F � � ,!� !ri �� . , �u, � r " � � s � „ .� � � � i�.�' .� .r.+r�w►.e►�"� � rwrwr�r•. ,' � �',� � �' .,�..��► . � ; t � �� ,�a* s � .� � r � I g ��-' � ��'� - o '� �, �x� �, �. � � ��'� �' .� � � �� xa. - .�� - d r � Y .....,. . . �� : � � d'.a�"�-�� . ... .., �h 7F � �� , � !t � .. . . . + � .. r ' . i � ! • ' 13• COUNCIL I�ETING OF SEPTEMBER 14, 1987 aceomplished prior to October 1, 1988, or pri occupancy of the neW building Whichever comes first; (6) stip ns of the 12/22/86 building permit to be extended to Oetober 1 . Seconded by Councilman Goodspeed. Upon a voice vote, all voti , Mayor Nee declared the motion earried unanimously. MOTION by Co man Fitzpatrick to receive the minutea oP the Planning Commissi eeting of August 26, 1987. Seconded by Couneilman Goodspeed. Up voice vote, all voting aye, Mayor Nee declared the motion carried animously. ITEM FROM TF� SEPTENIDER 1, 1987 APPEAIS CO�SSION I�ETI1�Ai: A. CONSIDERATION OF A VARIANCE REQUEST, VAR #87-29. TO REDUCE THE REQUIRED SIDE YARD SETBACK FROM 10 FEET TO 4.4 FEET TO V ACATION REQUEST) : Mr. Robertson, Community Development Director, stated this is a request for tWO side yard varianees. He stated the Appeals Commission denied the request for a variance to allaw the addition to the house to be in lirye With the edge of the garage, however, they approved a setbaek of 4.6 Peet for the exiating garage. He stated the petitioner is still requesting approval of a variance of 8.4 feet, rather than 10 feet, in order to construet his addition. Mr. Robertson stated the petitioner's hardship was that the proposed location of the addition is tiie only one feasible due to the layout of the house, euisting deeks, and the swimming pool. Mr. Robertson stated Mr. M�ortenson has also petitioned for vaeation of the drainage easement whieh is being processed. Councilman Schneider stated he really didn't have a problem with the original request by the petitioner and believed the neighboring property oWner has no objeetion. Mr. Mortenson submitted a letter to t�he Couneil from Mr. Morford indieating he had no objectian to the varianee. MOTION by Couneilman Sciineider to reoeive this letter from Larry Morford, 6235 Kerry Lar�e. Seconded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee �clared tYie motion carried unaaimously. Mr. Mortenson stated it Would be more aesthetically pleasing if the addition were in line With tiie existing garage �all. I�TION by Councilman Schneider to grant reduce the required side qard setback construction of additional living apace -19- varianee request, VAR #87-29, to from 10 feet to u.� feet to a11oW to lins-up With the existing garage COUNCIL I�ETING OF SEPTEMBER 14, 1987 wall and to reduce the required side yard aetback for the existng garage from 5 feet to �.6 feet, subjeet to vacation of the drainage easement. Seconded by Councilw�an Jorgenson. Qpon a voice vote, a11 votfng aye, Mayor Nee declared t�he motion carried unanimously. B. CONSIDERATION OF A VARIANCE REQUEST, VAR #87-32, TO DECREASE THE REQUIRED SIDE YARD SETBCK FROM 20 FEET TO 5 FEET TO ALLUW THE ENCL06URE OF AN EXISTING LOADING DOCK, ON LOT 7, BLOCR 1, PACO INDUSTRIAL PARK, THE SAME BEING 250 COMNJERCE CIRCLE SOUTH N.E., BY DAV ID HARRIS : Mr. Robertson, Community Development Direeior, stated the peti oner's hardship was that the original piat was approved with no road and he City decided to construct a road and needed 25 additional feet �h1ch anged the orientation of the lot. Mr. Robertson stated the petitio r felt the hardship Was really created by the City. Mr. Robertson stated the Appeals Commission revieWed is request and recommended approval of the variance with the stipula on the petitioner sereen any outside refuse containers. MOTION by Councilman Goodspeed to concur with th recommendation of the Appeals Commission and grant var3anoe, VAR #87-32 with ihe atipulation t.hat the petitioner screen any outside rePuse contai rs. Seconded by Couneilman Fitzpatrick. Upon a voice vote, all voting ye, Mayor Nee declared the motion carried unanimously. 14. RESOLUTION N0. 68-_1987 AUTHORIZING F RV Mr. Hunt, Assistant to the City nager, stated this year the Council authorized funds from the emergenc reserve for Mediation Services and this resolution is for the Council' consideration to autborize funds to be expended in 1988. Mr. Hunt atated most huma service organizations are funded through Community Development Bloe Grants, however, in order for I�Iediation Servioes to provide free service, is difficult for them to meet low to moderate ineome guidelines to be ligible for these Punds. He stated in order to qualify for CDBG fund , it must be shown thai 51K of the funda received are used for lo�w an oderate income Pamilies. Ms. Ann Wallerst , Executive Direetor for Mediation Serviees, stated they are requesting sistance at the rate of five cents per capita or $1,500 for 1988. She th d the Couneil for their financial assistaac�e in 1987 Which provided Me ation Services �ith the opportunity to grow. Ms. Wallerstedt felt the lication of inediation in eommunity affaira is a very innovative proee ss. Ms. W lerstedt submitted a letter to the Couneil requesting Pinancial ass ance for the balanoe oP this year. She stated they are Faced With a ea Ploi,r shortage for the months of October, November and December and �� . �` _ CITYOF FRIDLEY CIVIC CENTER • 6a� 1 UNIVERS[TY AVE. N.E. FRIDLEY, M[NNESOTA SS432 • PHONE (612) 571-345p �iiYV'Zi• ��. : �i • � : .��►� �.�� Gregory Nbrtenson 6191 Kerry Lar�e N. E. Fridl�, rT1 55432 September 25, 1987 On Sept�nber 14, 1987 the Fridley City Council officially approved your request for a Varianve, VAR #87-29, to reduoe �e required side yard setback fran 10 feet to 4.4 feet to allaw the vonstruction of addition living spacef to reduce the side yard setback f rom 10 feet to 4.6 feet to allow the existing garage to renain on Lot 3, Block 2, Heather Hills Seoond Addition, the same being 6191 Rerry Lane N.E. with the fallowing stipulations: 1. Noa�e . Note: Construction within the utility easement is contingent upon final appraval � vacation ordinance. If you have any questions regarding the above action, please call the Planning Department at 571-3450. Sinoer ely, . �' � tijy`� . Jaanes L. Robins�n Planning Coordimtor JLR/c�n Please re�vi�sa �e noted stipulations, sic� the statemest belaa and return one oop� to the City of Fridley Planning Departinent by October 8, 1987 Concur wi� action taken F _ _ � � ; 9554'7 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF FRIDLEY In the Matter of a �ariance, 'i��.,�n�;�'�-*29 �;` _ Gregory P4ortenson , Outrier CITY COUNCIL PROCEEDINGS v��axcE The above entitled matter came before the City Council of the City of Fridley and was heard on the ��th day of Septenber , jg 87 , on a petition for a variance pursuant to the City of Fridley�s Zoning Ordinance, for the folloWirig described property: Reduce the required side yard setback from 10 feet to 4.4 feet to allow construction of additional living space to line up with the e��isting garage wall and to reduce the required side yard setback for the existing garage from 5 feet to 4.6 feet, subject to vacation of the cirainage easement. IT IS ORDERED that a variance be granted as upon the following conditions or reasons: See City Council minutes of September 14, 1987. STATE OF MINNESOTA ) COUNTY OF AIJOKA ) OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) I, Shirley A. Haapala, City Clerk for the City of Fridley with and in Por 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 tqy office, and have Pound the same to be a correct and true transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand � the City of Frid ey, Minnesota, in the County of Anoka on the day of � 19_�. DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, 1�A1 55432 SHIRLEY A. H APALA, CIT CLERK �_ .: , � Varianees are valid for a period of one year following approval and �h,al•3� � be' �• �� considered void if not used within that period. �.� �•.�,� . . .. '� .(,SEAL) � , �.. � COUNCZL I�ETING OF SEPTENBER 14, 1987 u accomplished prior to October 1, 1988r or prior to occ a�y of the new building Whichever comes first; (6) stipulations o e 12/22/86 building permit to be extended to October 1, 1988. Se ed by Councilman Goodspeed. Opon a voice vote, all voting aye, Ma ee declared the motion earried unanimously. MOTION by Councilm zpatrick to receive the minutes of the Planning Commission me oP August 26, 1987. Seconded by Couacilman Goodspeed. Upon a vote� all voiing aye, Mayor Nee declared the motion carried mously. 13. ITEM FRbM TF� SEPTEI�ER 1, 1987 APPEAIS COr'Il'4LSSION MEETING: A. CO1zSIDERATION OF A VARIANCE REQUEST, Y� �-�4�; T0 REDUCE THE REQUIRED SIDE YARD SETBACK FROM 10 FEET TO 4.�I FEET TO 1�LL�4+1 TIiE ��'�TRUCTION OF ADDITIONAL LIE'I?:G SPACF' Qld ?�OT 3, BL�CK 2. HEATi�R HILLS SECOND ADDITION. TF� SAN� BEING 61Q1 RRY LANE N.E Mr. Robertson, Community Development Director� stated this is a request for two side yard variances. Ae stated the Appeals Commission denied the request for a variance to allo� the addition to the house to be in lirye With the edge of the garage, hoWever, they approved a setback of 4.6 feet for the existiag garage. He stated the petitioner is still requestiag approval oP a variance of 8.�1 Peet, rather than 10 feet, in order to construct his addition. Mr. Robertson stated the petitioner's hardship Was that the proposed location of the addition is the only one feasible due to the layout of the house, existiag decks, and the swimmiag pool. t�. Robertson stated Mr. Mortenson has also petitioned for vacation of the drainage easement Which is being prooessed. Councilman Schneider stated he really didn� t have a problem xith the original request by tbe petitioner and believed the neighboring property owner has no objection. l�h�. Mortenson submitted a letter to the Council Prom Mr. Morford indicating he had no objection to the variance. I�OTION by Councilman 3chneider to receive thia letter from Larry Morford, 6235 Herry Lar�e. Seconded by Councilman Goodapeed. IIpon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ?+�. Mortenson stated it xould be more aestbeticallq pleasing if the addition Were in liae With the exiating garage Wall. j MOTION by Councilman Schneider to grant varianee request, VAR #87-29, to reduce the required side qard aetback from 10 feet to 4.4 Peet to allo�r construction of additioaal living apace to line-up With the existing garage -19- � � ! � • COUNCIL I�ETING OF SEPTEI�IDER 14, 1987 L_.J Wall and to reduce the required side qard setback for the existng garage from 5 feet to 4.6 feet, subjeet to vacation of the drainage easement. Seeonded by CouncilWOman Jorgenson. IIpon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. - , . CONSIDERATION OF A VARIANCE RE UEST YAR #8 - 2 TO DECREASE I� REQUIRED SIDE YARD SETBCK FROM 20 FEET TO 5 FEET TO ALLCIW Ti� ENCL06URE OF AN EXISTING LOADING DOCR ON LOT BLOCK 1 PACO INDUSTRIAL PARR THE SAME BEING 2 0 COMN�RCE CIRCLE SOUTH N. . BY DAV ID HARRIS • Mr. Robertson, Community Development Direetor, stated t petitioner's hardship �as that the original plat Was approved With no r ad and the City decided to construct a road and needed 25 additional feet hich ehanged the or±entatiea of the lat. Mr. 1Robsrtson stated the titioner felt the hardship Was really created by the City. Mr. Robertson stated the Appeals Commiasion rev ewed this request and recommended approval of the varianee xith the st pulation the petitioner screen any outside refuse containers. MOTION by Councilman Goodspeed to concur Wi the recommendation of the Appeals Commission and grant varianoe, YAR 7-32, With the atipulation that the petitioner screen any outside refuse ntainers. Seconded by Councilman Fitzpatrick. Upon a voice vote, all v ing aye, Mayor Nee declared the motion carried unanimously. 14. RES OLUTION N0. 6 8- I�DIATION SERV ICES F Mr. Hunt, Assistant to the Ci y Manager, stated this year the Council authorized funds from the emer ency reserve for Mediation Servioes and this resolution is for the Counc 1's consideration to authorize Punds to be expended in 1988. Mr. Hunt atated moat h an service orgaaizations are funded through Community Develapment ock Grants, ho�ever, in order for Mediation Servioes to provide free aervi , it is difficult for them to meet loW to moderate income guideiines t be eligible for these funds. iie stated ia arder to qualiiy for CDBG ding, it must be ahown that 51x of the funds"received are uaed for laW d moderate income families. Ms. Ann Waller tedt, Executive Director for Mediation Services, atated they are requesti assistanoe at the rate of five cents per eapita or �1,500 for 1988. She anked ttie Council for their financial assistance ia 1987 Which provided diation Servioes With the opportunity to groW. Ms. Wallerstedt Pelt th application of inediation in eommunity affairs ia a verq innovative proce s . Ms. allerstedt submitted a letter to the Couneil requesting finaneial a istance for the balanoe of thia qear. She stated they are Paced With a sh PloFr ahortage for the months of October, November and December and -20- j ; �554`7 J riUIIl@i1CQ1 �iYQL' f QT GZC7.,*Lt"�3 R'- " : .�ad C��cked Mnrgin T�. Indea � � OF COUNiY AECORDER � STATE OF MIHNESiiiN, fAUNTY OF ANOKA 1 hereby certify thaT ina wit�s� ins4ru- ment was fi(ed in ih�s ef;�cs ior record on the FE B i 1988___ !� yyo'c��ck�,,,///;;; F�^., zr� vrr°; �'<<Ey ;e��;�'^d .. //'� � . � B � (�^ / � '"' `f.ti.� (,.r,' i(?iy� r:c'CG� &f By �� eWry � City of Fridley 6431 University Ave NE. Fridley, MN 55432 Community Development Dept.