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AF-V - 47951CI'PY OF FRID7�5C 6431 TAdIVERSITY AVF3VUE .E. � FRIDLEY, l�J 55432 Qommtaiitst Develv�neiit DeQntbneiit (612) 571-3450 � ��_.�.._�...�»..� �� lv; • , «� �a ... M .:, �;� w�wlw�wrwirtir�r�y �vwr�vM�rw Fl�PER'i�Y II�Ti�i - site plan required for submittals: see attadled Ad�dress: �j cf �l � �z°De� � L�- �"NP. Legal description: �% �%� ��oC � � . }��7`/`f�' �iLLS' Iat ` B1ocJc � Tract/Addition �f�/l�i2 �%�S Ciirrent zonirig: �QS%�/P��pL Squar+e foatage/acreage I��. /O, �DD S�. �T, Reason for variance at�d l,a,�,�Gh;p: ��T %S �%� Sffi�E' To l{oUS� L�w .�voT .��T E�1 �' Ser SACk �'��' � Sr�s�so.�. yo,P�,� oai of City Oode: _..�,.�.._ __�_ _...,, ��_.�.,....,.,.....,.,.��...�._�_�__ FE:E �t II�DRN�,TI�i �• r - - - • - ii, •i • n • • • • • � :� • �� ' �/'// � •��"� r� / -`�,/ � / � ' / �• I 1 ' �, I /i !! P .�� ibfa. _ . t� � � ' ` � �� / - •1 I�i• � ! � •J ►• •] I• � � � � �� . � • ��;'.?. _/,� ,� i r � � �� S�y—�o o � r ►• � ��/� '��/fir'�C/ � i i � � , — Fee: $100.00 $ 60.00 k' for residenti.al properties �t�# 4b-z� �� 3i�7y Application reoeivea by: Scheduled Appeals C7a�r�is.sio� date: 1�� ! i� Scheduled City Ocxulcil date: 0 � C � CZTY Ol lRIDLEY PL11M REVI81f C1[8C�LI8T Applicants !or vacations auat suboit the legal description of tha parcel (�asa�snt, str��t, �tc.) to be vscated. Complete sit� plans, sigaed by a reqistared srchitect, civil engineer, landscape archit�ct, or other desiqn professional. to includa tho folloving: 1►. G�n�ral: 1. NaAS and address o! project 2. Iwgal description (caztificata ot survsy may be required) �. Nams, addr�ss, and telephon� nusber ot applicant, �nqinaer, end owner o! record , 4. Data proposed, north 8rrov, scale, number of sheats, namo of drawor s. Description ot intsnded usa of site, buildings, and atructures includinq typa of occupancy and astipated occupancy losd 6. Existinq zoninq and land use 7. Tabulation box indicatinq: (i) Siz• o! parcel in areas o! aq. ft. (ii) Gross lloor area o! buildings (iii) Percent of site covered by building (iv) percent o! site covered by impervious surface � (v) Parcent of site covered by area (vi) Projected number of employees (vii) Number of seats i! intended use is tf restaurant or place ot assembly (viii) Numbai o! parking spaces required (ix) Number o! parking apaces provided includinq handicapped (x) Heiqht oi all buildings and structuras and number of stories B. Sit� Plan: 1. Property lina dimenslons, location o! all existinq aad proposad structur�s with distanc� iroa boundaries, distanca betvesn structuros, building dim�nsions and tloor elevations 2. Gradinq and drainag� plan showinq sxistinq nstural teaturea (topoqraphy, w�tlands, v�gotation, �tc.) a� w�11 as proposad grada slsvations and sediasntation and stors vater reta�tion pdnds. Caiculations for stora wat�r dstention/satention sreas. 3. l�ll existinq and proposed points oi �qr�ss/ingr�ss showinq widths oi proparty linas� turninq radii abuttinq rights-ol-way with indicated center lin�, width, pavinq vidtA, existinq and proposad sedian cuts, and int�r- sections of streats and drivaways 4. Vehicular circulation �yste■ showinq locatioe and dimenaions !or ell drivoways, parkinq spacss, parking lot aisles, service roads, loadfnq areas, tir� lanes, am�rgency accesa (i! necsssary), public and private �treets, alleys, sidewalks, bikepaths, dir�ction ot traftic flow, and tratfic-control d�vices 5. Lsndscapinq Plan 6. Location, accoss, and scraoning detail of trash anclosures 7. Location and sereaninq detall oi rooftop equipment s. Huildinq elevations from all directions 9. Utility plan identifying siz� and directio� o[ existing vater and sewer lines, fire hydrants, distanca of hydrant to proposed buildinq d i • APPLICATION DATE weeks Citv of Fridlev Cammunitv Develonment Variance Process APPEALS COMMISSION DATE CITY COUNCIL DECISION CITY RECORDS ACTION AT ANOKA COUNTY . S. VARIAN�'-S • A. Appeals Caamission. � Zhe City Council createc� an Appeals CamRdssion to serve as the ` board of appeals and adjustment, and to exercise all the authority ar�d perfona all f�nctions of said board pursuant to I�:innesata Statute Sections 462.351 to 462.364 and operate according to the Fridley City Code• B. Petitian By Owner. (1) Appeals fran Decisions on Code Enforcement: At any t,irne within thirty (30) days, atiy property awner who feels aggrie�ved by an alleged error in any order, requirement, decisian or determinatian made by at� administrative of f icer in the enforoe�nent of this Chapter which affects the vwner's property, may apPeal to the Appeals Canmission by filing a written appeal with the City. The a�eal shall fully state the orcler appealed from• the facts of the matter and the mail ing address of the awr�er. (2) Request for Varianoes fran Saning Chapter Provisions: A property cwr�er may appeal the strict application of the provisions of this Chapter Nhere there are practical difficulties or particular haraships preventing the strict application of the regulations of this Chapter. �1n application for a varianve shall be f3leci with the City and shall state the exceptional o�nditions anc3 the Peculiar and practical ciifficulties claimed as a basis for a varianoe. C. Reoomnendations By Appeals Camnission. . Within thirty (30) days after f iling an appeal from an ac�ninistrative order or detern►ination, or request f or variance fr�n City Co3e provisians the Appeals Cammission shall hold a public hearing thereon and shall hear such persons as want to be heard. Notive of such hearing shall be mailed not less than ten (10) days before the date of hearing to the person or persons M�ho file the ap�eals� and to all adjaoent property awners within a 200 foot distance of the requested varianae loca.tion. Within a reasonabl� time, after the hearing, the Appeals Commission shall make its recommendations or agprovals subject to oonditions of the Fridley City Code and forward a copy of such recommendation or approval to the City Council through the Planning Coc�ussion. D. Varianoes In 1�1 Zaning. (1) In areas zoned R-1 (One Fa�rily Dwelling District), the Appeals CanRUS�io�n has the authority to grant final appraval of varianoes when all of the follc�wing oonditions are n►et: (a) There is unanimous agreement of the Appeals Caimissian. (b) The staff ooncurs with the ree�ortmendations of the Appeals Comanission. (c) The general publ ic a ttending the meeting or responding to the notice of public hearing have no objection. (d) The petitioner is in agreement with the reo�ocm�s�dation. 0 � � • (2) hfien the above vonditions aze not met, the variance request must be reviewed by the Planning Commission with f inal a�praval by the City Council. E. Recbrd Of Action Taken. �e Ap�eals Caianission shall pravide for a written reoord of its proceedings which shall include the minutes of its meeting, its findings and the reoom�n6ation or apprwal of each matter hearo by it. The firx]ing of fact shall contain the fallawing: (1) The public polic.y whirh is served by requirenent. (2) The practical difficulties or unique circumstance of the property that cause undue harciship in the strict application of the requirenent. (3) In reoo�anend.ing oz apprwing a varianoe, the Catanission an%r Co�mcil may impose oonditions to ensure compliance and to protect adjaoent properties. F. Action By �e City �il. �he Co�cil shall at its next regular meeting, after receiving the reoanmendation of the Appeals Canmission, with a policy rev iew by the Planning C�anission, decide on the action to be taken. G. Lapse Of Variance By Nan-�se. If work as permitted by a'varianoe is not commenced within one year and completed within two years after granting of a varianoe, then the varianoe shall beaome null and void unless a petition for extension of time in which to oomplete the work has been granted by the City Council. Such extension shall be reo,uested in writing and filed with the City at least twenty (20) days before the expiration of the original variance. The reguest for extension shall state facts showing a good faith atter�.pt to oomplete the work permitted in the variance. Such petition shall be presented to the appropriate body for review an6/or decision. � COMMIS� � FILE NUMBER �L.E DATE ��N�F 56 9/7/90 FRIDLEY ION APPLICATI�N REVIEW #�ETNG DATE FiLE DESCRIPTION � �90-25 9/25/90 6267 Kerzy Lane (Gary Obrycki) Rear yard fran 25' to 20' COMPLETE REVIEW CHECKLIST AND RETURN TO PLANNING DEPT. ❑ BARB D. MICHELE q. � MARK ' M. ��'�b ��, ; /qv F. j�? DARREL M. M. g �� H. � �z � BOB A. ai � COMMENTS r � � ' 1! . f � • • • .. f! . ' ! 1 - • S�� -� ' Site plan checklist a. variances necessary? �cA„��e,�1,P,��n�,��,a,��. Maps a. satbacks labeled? (variances) b. street names lab ed?t� i � readable? d� 50 scale a�rial run? o (resident. variances) e. site plan u checK address pile a. past zoning actions b. special existinq conditions; details c. code violatians d. check address files of adjacent parcels for variances Check public hearing notices a. correct date? b. correct time? Chack zoning history a. special use permit b, rezoning c. vacation Other jurisdictional entities a. MnDOT b. Anoka County c. City Attorney d. HRA review e. City Cauncil P. City Manager q. DNR/Army Corps/Water- shed District site viait a. video b. site lines � c. relationshfp to sur- roundinq properties Inlormation/stipulatfons from other departments write report Meetinq a. cameras b. video Update report a. change stipulations b. additional analysis City Council a. ordinance; rezoning, vacaEion b. resolution; lot split, final plat c. Anoka County review oP final plat prior to schedulfng of City Council approval ot resolution � PUBLIC HEARING BEFORE T$E APPEALB COMMIBSION � Notice is hereby given that the Appeals Commission of the City of Fridley will conduct a Public Hearing at the Fridley Municipal Center at 6431 University Avenue N.E. on Tuesday, September 25, 1990, at 7:30 p.m. for the purpose of: Consideration of variance request, VAR #90-25, by Gary Obrycki, per Section 205.07.03.D. (3).(a) of the Fridley City Code to reduce the rear yard setback from 25 feet to 20 feet, to allow the construction of a three season porch on Lot 4, Block 3, Heather Hills, the same being 6267 Kerry Lane N.E., Fridley, Minnesota, 55432. Any and all persons desiring to be heard shall be given the opportunity at the above stated time and place. DIANE SAVAGE CHAIRPERSON APPEALS COMMISSION Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. City �Lmcil G�ty Manager Lti.ane Savage �b 7 Rioe Cree]c Z�erraoe N. E. Fridley, N�T 55432 Gazy Obrycki b267 Kerzy Lane N.E. Fridley, M1 55432 Carol Dwyer 6282 Kerry Lane �T.E. Fridley, N�iT 55432 Srian Westover 6274 3en Nbre Drive Fridley, �IlV 55432 Ra.lph Menard 6259 Kerry Lane N.E. Fridley, NN 55432 Edwara Clark . 6251 Kerzy Lane N.E. .Fridley, NY�T 55432 Patrick Ohern 6243 Reny Lane �I.E. Fridley, N1�T 55432 � N�,II.IlJG LIST FOR VARIAI�CE # 90-25 6267 KerYy Lane �1.E. 7hom3s Beaulieu 11230 Partridge St. N.W. • Q�an Rapids, NN 55432 Eugene Sdzaefer 624Q Kez�y Lane N.E. Fridley, MV 55432 Rabert S d�midt 6291 Keny Lane N. E. Fridley, NN 55432 Mitdiell Nbe 6283 Kerzy Lane N.E. Fridley, NN 55432 Thcana.s Fuller 6275 Kerry Lane V.E. Fridley, NN 55432 Michael Singer 1450 Rice Creek Road Fridley, M�T 55432 James Dahl 1520 Rice Creek l�ad Fridley, NN 55432 'Ihom-�s Ileaulieu Mich�el Serie 6244 �er.cy Lane N.E. ,1,53Z ��7,Sic� Court N.E. Fridley, NN 55432 �a�y� � 55432 � Ric� Svanda 1521 Woodsic�e Court Fridley, NN 55432 Kathleen Md'�ee � Q�rist,ophe Phillips 6240 Rice C:reek Drive Fridley, NN 55432 Denriis Forstrcm 6230 Rioe Creek Driv� Fridley, NTT 55432 Dennis Christensen 6220 Rice Creek Drive Fridley, NN 55432 Carolyn Messick 6257 Ben Nb� Driv�e Fridley, M�T 55432 James Ring 15QQ Rice (�ek I�ad Fridley, NIl�T 55432 � • • �► STAFF REPORT APPEALS DATE september 25, ]990 �[� QF PLANWNG CO[uMAISSIQN DATE FIZI DL�Y CITY COUNCiL DATE nur�o� r�� REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION S!i'E DATA SIZE DEN�iTY PRESENT ZONING ADJACENT LAND USES 8� ZONING UTILIT�S PARK DEDICATION ANALYSIS FINANCIAL IMPUCATIONS CONFORMANCE TO COMPREHENSNE PLAN COMPATI6ILITY WITH ADJACENT USES 8� Z�1q�IG ENVIRONMENTAL CONSIDERATlONS STAFF RECOMMENDATION APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENDAT{ON VAR #90-25 Gazy ObryCki �ib reduoe the required rear yard setbac,k fran 25 feet to 20 feet 6267 Kerxy Lane N.E. h-1, Single Family iJaelling 1�1, Single F�ni.ly Dwelling, to the N, S, E, & W � U Staff Report VAR #90-25, 6267 Kerry Lane N.E. Page 2 A. PUBLIC PURPOSE SERVED BY REQUIREMENT: B. G. � L_J Section 205.07.03.D.(3).(a) requires a rear depth of not less than 25� of the lot depth with not less than 25 feet permitted or more than 40 feet required for the main building. Public purpose served by this requirement is to provide rear yard space to be used for green areas which enhance the neighborhood. STATED HARDSHIP: "Lot is pie shape to house--cannot get enough setback for 3 season porch". ADMINISTRATIVE STAFF REVIEW: Request The petitioner is requesting a variance to reduce the required rear yard setback from 25 feet to 20 feet in order to construct a three season porch on Lot 4, Block 3, Heather Hills Addition, the same being 6267 Kerry Lane N.E. Site A single family dwelling unit with an attached two car garage is located on the property. The petitioner currently has a deck off the rear of the house. The lot currently has a row of 20 foot tall spruce trees along the north property line and deciduous shrubs and trees along the east property line. The parcel is zoned R-1, Single Family Dwelling, as are adjacent parcels to the east, north, south, and west. Analysis The petitioner intends to remove the existing deck and construct a three season porch with a new deck in the location of the existing deck. The proposed porch will extend an additional 6 feet from the house than the existing deck. The petitioner's lot is of an unusual configuration as it has five sides. There are other five-sided lots located in this particular subdivision; however, the lots are much deeper than the petitioner's lot (130'-150'). The petitioner's lot has a short lot depth (90') from the front of the lot to the north property line. The north lot line is defined as a rear lot line as it is behind the rear line of the dwelling unit. Staff Report VAR #90-25, Page 3 • 6267 Kerry Lane N.E. • While the Code defines it as a rear yard, it, in effect, functions as a side yard; and, if it was defined as such, the minimum setback required would be 10 feet and not 25 feet. The proposed three season porch would have a minimum impact on adjacent properties as the spruce trees along the north property line would screen the three season porch from the neighbor to the rear of the petitioner. In addition, the dwelling unit to the rear of the petitioner's property is oriented such that the driveway area is located directly adjacent to the row of spruce trees. Granting the variance would maintain the spirit and intent of the Zoning Code as the proposed porch will have a minimum impact on adjacent parcels. The lot itself is unique in its configuration. Recommendation Staff recommends that the Appeals Commission recommend approval of the variance request, VAR #90-25, to reduce the rear yard setback from 25 feet to 20 feet. SEC. /3, T 30, C/TY OF FR/OLEY 14 � W t� � W d -?si$— a.�.e , <s_ ,��OV J a��' :' Ptt . .,-� l4' 24 n „ 0 ,� � r 0 41 1 t � uL� uu � e � - --;::� - ��-�-- /J Nl i � = rm I..�X W� l' � i i i ar� W M �p r �� ' w n F� e i�.•, t i e y 7 ,� 3 ar� I fAa a. _�, •�"roasas .r �C.f� �I /.i/h/ //Ir.b O/E! An! HARR/S P( 43 R 24 0 r, b Y �t :s LOCATION MAP S�rve�ors C�rti��c�t� COI�iSTOCK & DAVI5, ING `Consalting Engineers and Land Surveyors ` 144b County Road J, btpls., hlinn. 55432, 784-934b .' T SURVEY: SURVEY FOR: t 4, Block 3, _� � Gary Obrycki ather Hills, � 6551 Channel �d, i Apt. 2 idley, Minnesota Mi21ns2tpOlf s� Mri. 5�32 � 20 Y. 25 I � o �0' /65.36 � � ti -- � 'T � ?droino9e easem�r�f-; � ' o; •_ 2�0�' -.�� o . .. �' � ��S � �' -4 � ,ti; nr ti� 92; ,�o� ; , ,�E-D 4 -'� °- � �� ' � J �?oN;b HSE• � 1 �. , � -'� ; � �` ' � . �� GAR.. . 3 y � � �` At . , , a6�' go. � R '° -;; <�: �� °; t b5, r�'� KERRY � �. � �9- - � , � °r.�,._°-a �► e,'�,e�ground Ufi/fy euse��f O; �'r o�°?' p�; = �v 5�. �� , L ANE ' � '.�� . ��(� � �.' � i• +,� �9 ti.: � --�- -- ----' � _ 1 - 5D _ � - - I � LEGAL DESCRIPTION: Lot 4, Block 3, HEATHER HILLS, Anoka County, Minnesota. :ALE: /' = So" � s de�ofes iron monum�nf fo��d iereby certify that this survey, pian or report �vas prepared by me or under my direct pervis+on and that I am a duly Reg'istered' Land Sucveyor under the laws of the State SITE PLAN FLOOR PLAN ►1�' 9.� 9� �0 4i c� c �a`�C x �. K � c x O 0 0�� y Q# g F a i. '� � � a � � � n � � � n � yy�� A� m � �@ ? � 2 � oXa � � o � � n � � O= h i �s n �� ti � o` n ^ V 3 = :� a i b V � � a � � � A � � �1 � � � �. �--= � �_�. , � --- — = C -- '� u �y;� �� 2 � � � ks fp— --� _ _ � +-- — —= C_ _ _ __„ �„%_ :-�•s�--��'�'`: � .1 ..� I , ._.- 1 : i` � . t.__._. - -�... . i� : : ..._=I' • �� ' ..� �� 4 '�-=_-�'� _` . , . . .. ... ..... � �.:_ic:r.,�----�..__ : -`--' - 1 � M. t0 ELEVATION r� �J � � Mr. Ben Lindberg, Leroy S ns, stated they will be installing the signs. If the variance i approved, the signs will be installed in approximately 2-3 weeks He stated the square footage of the new signs will be less than the old signs. Mr. Kuechle asked why the Mr. Lindberg stated the old s MOTION by Mr. Johnson, hearing. signs are being replaced. are in very poor condition. by Ms. Smith, to close the public UPON A VOICE VOTE, ALL VOTIN� AYE, VICE-CBAIRPER80N RIIECBLE DECLARED MOTION CARRIED AND THE P BLIC HEARING CLOSED AT 8:20 P.M. Dr. Vos stated he thought the vari nce request is reasonable. It still meets the spirit of the Sign Code which is 24 sq. ft. The variance request to go from 10 feet to 0 feet is what is existing now. He stated that because of th uniqueness of the site, two signs are really needed. If there w only one sign, it would not easily be seen by either northbound or southbound traffic. He stated this is a legitimate request si ce the square footage is not being increased, and he would vote in favor of the variance request. . Mr. Johnson and Ms. Smith agreed. MoTION by Ms. Smith, seconded by Dr. s, to approve variance request, VAR #90-24, by Leroy Signs, Inc.; per Section 214.09.O1.A of the Fridley City Code to allow two signs per residential development; and per Section 214.09.O1.0 o the Fridley City Code to reduce the setback for a sign from the roperty line from 10 feet to 0 feet; to allow the replacement f two identification signs on Lots 9-22, Block 1, Nagel's Woodland , the same being 7400 Highway 65 N.E. (Fridley Terrace Mobile ome Park) with the following stipulation: 1. The petitioner shall relocate one access at Highway 65 to the 73rd Avenu of 1rIlJ/DOT closes the median crossover IIPON A VOICE VOTE, ALL QOTING AYE, VICE- DECLARED THE MOTION CARRIED IINANIMODSLY. ign from the main driv�way location at 74th Avenue. RPERSON RIIECBLE 2. CONSIDERATION OF VARIANCE REQUEST. VAR �k90-25. BY GAR� OBRYCKI: Per Section 205.0T.03.D.(3).(a) of the Fridley City Code to reduce the rear yard setback from 25 feet to 0 feet to allow the construction of a three season porch cn Lot 4, Block 3, Heather Hills, the same being 6267 Kerry Lane N.E. • • APPEALS COMMISSION MEETING. BEPTEMBER 25� 1990 PAGE 5 Ms. McPherson stated this property is located at the corner of Kerry Lane and is a five-sided lot. The parcel and the adjacent parcels are zoned R-1, Single Family Dwelling. The petitioner is proposing to replace an existing deck which extends off the rear of the house with a three season porch and a new deck off the rear of the house. The proposed three season porch will extend an additional 6 feet from the house than the existing deck. Ms. McPherson stated the lot is of an unusual configuration in the . fact that it has five sides. There are other five-sided lots in this particular subdivision; however, the lots are much deeper than the petitioner's lot. These five-sided lots appear to occur when there is a cul-de-sac or a corner location. In analyzing the petitioner's lot which is approximately 90 feet deep, this is approximately 40 feet shorter than the other lots which average from 130 - 150 feet deep. Ms. McPherson stated the Code defines the rear yard as that portion of the yard which extends from the rear wall of the dwelling unit. While the Code does define it as a rear yard, in this instance, it functions more as a side yard. If it were actually defined as a side yard, the minimum setback required would be 10 feet and not 25 feet. Ms. McPherson stated the proposed three season porch will have a minimum impact on the property owner directly to the rear because there is a line of mature spruce trees along the north property .line. In addition, the subject lot abuts what would be the side yard of the neighbor's lot. There is adequate space between the proposed three season porch and the property owner to the rear. The spruce trees would provide additional buffering and screening between the proposed use and the property to the rear. Ms. McPherson stated granting the variance would maintain the spirit and intent of the Zoning Code as the proposed three season porch would have a minimum impact on adjacent parcels, and the lot itself is unique in its configuration. Ms. McPherson stated staff is recommending that the Appeals Commission approve variance request, VAR #90-25, to reduce the rear yard setback from 25 feet to 20 feet. MOTION by Dr. Vos, seconded by Mr. Johnson, to open the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KUECHLE DECLARED MOTION CARRIED AND T8E PIIBI,IC HEARING OPEN AT 8s25 P.M. Mr. Obrycki stated the existing deck is l0 ft. by 14 ft. It has rotted and should be removed. They would like to build a three season porch and a new deck. He stated he has discussed this with his neighbors and there are no objections. � � APPEALS COMMISSION MELTING. SLPTEMBER 25. 1990 PAGB_6 MOTION by Mr. Johnson, seconded by Ms. Smith, to close the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE� VICS-CHAIRPBRSON RIIECHLB DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARIN(; CL08ED AT 8:30 P.M. Ms. Smith stated she is in favor of approving the variance request. Tiie variance is only for five feet, and because of the mature trees at the rear of the lot, the three season porch and deck will not interfere with anyone else's pleasure or living style. The spirit of the Code is being met, because if this was the side yard, the minimum setback required would be 10 feet instead of 25 feet. There is a hardship because of the unique configuration of the lot. Mr. Johnson stated he agreed. Dr. Vos stated he had no objections and would vote in favor of the variance. Mr. Kuechle agreed the spirit of the Code is being met and he would vote in favor of the variance. MOTION by Mr. Johnson, seconded by Dr. Vos, to approve variance request, VAR #90-25, by Gary Obrycki, per Section 205.07.03.D. (3).(a) of the Fridley City Code to reduce the rear yard setback from 25 feet to 0 feet to allow the construction of a three season porch on Lot 4, Block 3, Heather Hills, the same being 6267 Kerry Lane N.E. UPON A VOICE VOTE, ALL VOTING AYE, DICE-CHAIRPERSON RIIEC$LE DECLARED THE MOTION CARRIED UNANIMOIIBLY. ADJOURNMENT• MOTION by Mr. Johnson, seconded by Ms. Smith, to adjourn the meeting. Upon a voice vote, Vice-Chairperson Kuechle declared the motion carried and the September 25, 1990, Appeals Commission meeting adjourned at 8:35 p.m. Res ectfully ubmitted, � y e Saba Re rding Secretary � � � cinroF FRfDLEY i FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 •(612) 571-3450 • FAX (612) 571-1287 APPEALS COMMISSION ACTION TAKEN NOTICE September 26, 1990 Gary Obrycki 6267 Kerry Lane N.E. Fridley, I�T 55432 Dear Mr. Obrycki: On Tuesday, September 25, 1990, the officially approved your request for reduce the rear yard setback from 25 construction of a three season porch Hills, the same being 6267 Kerry Lane Sincer y, bara Dacy Planning Coordina BD::Is Fridley Appeals Commission a variance, VAR #90-25, to feet to 20 feet to allow the on Lot 4, Bl ock 3, Heather N.E. Please review the above action, sign the statement below, and return one copy to the City of Fridley Community Development Department by October 10, 1990. � -�rI •'� • oncur ith c taken , ,.. , . . ', a � � �5 � 92�;� STATE OF MINNESOTA COUNTY OF ANOKA CITY OF FRIDLEY In the Matter of a variance, VAR ��90-25 APPEALS CONIl�IISSION PROCEEDINGS Garv Obrvcki , OFtner YARIANCE The above sntitled matter came.before the Appeals Commission of the City of Fridley and was heard on the 25th day of September � 19 90 � on a petition for a variance pursuant to the City of Fridley's Zoning Ordinanee, for the following described property: To reduce the rear yard setback from 25 feet to 0 feet'to allow the construction of a three season porch on Lot 4, Block `3, Heather Hills, the same being 6267 Kerry Lane N.E. IT IS ORDERED that a variartce be granted as upon the following conditions or reasons: See Appeals Commission meeting minutes of September 25, 1990. STATE OF MINNESOTA ) COUNTY OF ANOKA ) CiTY OF FRIDLEY ) OFFICE OF THE CITY CLERK I, Shirley A. FIaapala, 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 correci and true transeript oP the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subseribed my hand� a,�t�� he Gity of Fr ley, Minnesota, in the County oP Anoka on the __��Q �n. � day oP . 19�,�• DR TED BY: City of Fridley 6431 University Avenue N.E. Fil 4 r d ey, 1�1 55 32 � � , SHIRLEY A. APALA, CITY ERK ��;�; �R.. : . K�f 1 :;�f , Variances are valid for a period of one year following approval. �a�td�`;�atial`I'-bdr,� •, considered void if not used within that period. - , ` > � � � � �r ' � �,:•" :a .:� . . -` •' �� 4� .� . . r Y �,R. F :;I�� 4:f` . �.. t�� `� ' . �� '�,� ,� �. Lri '��}- ...,.. `. • � lrPPEALB COI+Q+�ISSION MEETING, BEPTEMBER 25. 1990 Pl�GE 3 D. That the qrantinq of the variance would be mate ally detrimental to the public health, safety, or eneral welfare or detrimental to the property in the icinity or district in trhich tbe propertY is located. While the variance would allow two siqns inste oi the one required by the Sign Code, the total square ootege of the signs add up to the 24 sq. it. which is all ed by the Siqn Code. Therefore, qranting the variance woul not increase the amount of signaqe but would only increase e number p� signs. Ms. McPherson stated the City has been work q with the property owner to obtain an easement to install a nitary sewer line to the property at 7570 Highway 65. The ty does have a verbal agreement from the property owner but ha not received the signed easeme�t do��ents from the oroperty o r. The City has installed the sewer line based on the verbal reement with the property owner.- Ms. McPher�on stated that included in the agenda packet f� a �nemo from John Flora dated November 1,.1988, regarding the Minnesota Department of Transportation's p ential plans to close the median crossing at 7400 Highway 65. is would then limit access to the mobile home park. iiowever, conjunction with the Engineering Department, the property own has made provisions to allow access from the mobile home park 73rd Avenue at the south portion of the property. The propert owner is aware a new driveway will be needed in the future and as relocated a mobile home fn order to provide space for a new riveway; however, a driveway haB not yet been constructed. Ms. McPherson stated approve variance � stipulation: ff recommends that the Appeale Commission :st, VAR �90-24, with the iollowing 1. The pe itioner shall relocate one siqn lrom the main acces at Hiqhway 65 to the 73rcI Avenue driveway location of /DOT closes the median crossover at 74th Avenue. MOTIdN by . Vos, seconded by Ms. Smith, to open the public hearing. �PON II ICE VOTE � 11I+L VOTING 71YE, VICE-CSl�IItPERBON 1CIIECHLE DECLI�RED THE MOTION CliRRZED 71IdD THE PIIBLIC HEliRING OPEN �T 8 t 12 P.![. Ms. rgie Gillespie etated she and her husband are the new 'aana ers of the Frfdley Terrace Mobile Home Park. She stated that reg rdinq the sewer easement, they did not know anythinq about it un il about one week ago. She mailed this informatfon to the c rporate office and that should be taken care of by the corporate ffice. � � ZIPPEALB COMMISSION t4EETINQ, BEPTEMBER 25. 1990 pl�GE 4 Mr. Ben Lindberq, Leroy Siqns, �tated they will be installin the signs. If the variance is approved, the siqns will be in alled in approximately 2-3 weeks. 8e stated the square footaq of the new siqns will be less than the old siqns. Mr. Kuechle a�ked why the old siqns are beinq Mr. Lindberg stated the old siqns are in very �i0T�9�1 by Mr. Johnson, seconded by Ms• Smith, hearing. / �QPON ]il VOICE VOTE � ]lLL VOTZNG 11YE � DECLARED l�LOTION Cl�RRIED 11ND THE pIIHI+ZC Dr. Vos stated he thouqht the still meets the spirit of the variance request to qo from 1 now. He stated that because signs are really needed. If easily be seen by either no stated this is a leqitimate re beinq increased, and he w 1 request. �condition. close the public BAZRPERBO� 1COECHLE CLOSED �T 6 t 2 0 P.1[. varianc request is rsa�onable. 'Tt Siqn e which is 24 sq. ft. The 0 fee to 0 feet ia what is existing of e uniqueness of the site, two the was only one eiqn, it would not rt ound or southbound traffic. He est since the square footaqe is not d vote ia fsvor of the variance Mr. Johnson and Ms. Smi�Ch agreed. �+iOTION by Ms. Smi seconded by Dr. Vos, to approve variance request, VAR #90-24 by Leroy Siqns, Inc.; per Section 214.09.O1.A of the Fridley ty Code to allow two siqns per residential development; an per Section 214.09.O1.0 of the Fridley City Code to reduce the etback for a siqn from the property line from 10 feet to 0 fe ; to allow the replacement of two identification signs on Lot 9-22, Block 1, Naqel's Woodlands, the same being 7400 Highway 6 N.E. (Fridley Terrace Mobile Home Park) with the followin stipulation: �The petitioner shall rslocate one siqn from the main access at Hiqhway 65 to the 73rd Avenue driveway locatfon of l�T/DOT closes the median crossover at 74th Avenue. 71 VOIC$ VOTB. ALL VOTIIIG 7�Y8, VICB-CHAZRPERBON 1CIIECSLE tED THE MOTIOI�1 CI►RRIED IINANIlt006L?. 2. �G*'STDERATION OF VARIANCE ��'nrnre� V� �90-25. BY GA�� QBRYCKI: Per Section 205.0'7.03.D.(3j.(a) of the Fridley City Cade to reduce the rear yard setback from 25 feet to 0 feet to allow the construction of a three season porch on Lot 4, Block 3, Heather Hills, tiie same being 6267 Rerry Lane N.B. I • � '. . � �iPPEALS COMI�IISSION MEETZNG. SEPTEI3BER 25� 1990 PAG� �' Ms. McPhereon stated this property is locnted at the corner of Kerry Lane and is a five-sided lot. The parcel and the adjacent parcels are zoned R-1, Single Family Dwellinq. Tiie petitioner ie proposinq to replace an existing deck which sxtends o!f the rear of the house with a three season porch and a new deck o!f the rear of the house. The proposed three ceason porch vill axtend an additional 6 feet from the.house than the exietinq deck. 1ss.�McPherson stated the lot is of an unusual confiquration in the ' fact that it has five sides. There are other tive-sideSi lots in this particular subdivision; however, the lots are much aesper than the petitioner's lot. These five-sided lots appear to occur when there is a cul-de-sac or a corner location. In analyzing the petitioner's lot which is approximately 90 feet deep, this is approximately 40 feet shorter than the other lots which average from 130 - 150 feet deep. Ms . McPherson stated the Code def ines the rear yard as that portion of the yard which extends from the rear wall of the dwelling unit. While the Code does define it as a rear yard, in this instance, it functions more as a side yard. If it were actually defined as a side yard, the minimum setback required would be 10 feet and not 25 feet. Ms. McPhereon stated the proposed thr�e �eason porch will have a � minimum impact on the property owner directly to the rear because there is a line of mature spruce trees alonq the north property �line. In additfon, the subject lot abuts what would be the side yard of the neiqhbor's lot. There fe adequate space between the proposed three season porch and the property owner to the rear. The spruce trees would provide additional buffering and screening between the proposed use and the property to the rear. Ms. McPherBOn ctated qrantinq the variance would safntain the spirit and intent of the Zoninq Code as the proposed three season porch would have a minimum impact on adjacent parcels, and the lot ftself is unique fn its confiquration. Ms. McPherson stated staff is recommendinq that the �ippeals Commission approve variance reque�t, VAR #90-25, to reduce the rear yard Betback from 25 feet to 20 feet. 1+tOTION by Dr. Vos, seconded by lriz'. Johnson, to open the public bearinq. IIPON 7► VOICB VOTE, 11LL VOTI�IG 71YE � VICB-CBa►IRPER80�1 xQECHLE DECLliRED �LOTION C71RRI8D ]11�TD TH8 PDHLIC HEl�iRZI�G OPEN �T t t Z b B•�I • Mr. Obrycki stnted the existinq deck iB 10 ft. by 14 !t. It has rotted and should be removed. They would like to build a three season porch and a new deck. He stated he has discussed this with his neiqhbor� and there are no objections. � � �1PPEALB COI�+SI88IOId IrIEETII�iG. BS R �OTION by Mr. Johnson, seconded by ��Is. Smith, to close the public hearing. DECL1�iRED vTHE MOTION �C]�RRIBD �71I�iD TSE pOHL CCHEAR=�i CL08 D�8 30 B.l�. Ms. Smith stated she ie in favor of approvinq the variance request. The variance is only for tive feet, and because of the mature trees at the rear of the lot, the three season porch and deck`will not interfere with anyone else's pleasure or livinq style. The spirit of the Code is being met, because if this was the side yard, the minimum setback required would be 10 feet instead of 25 feet. There is a hardship because of the unique configuration of the lot. Mr..Johns�n stated h� eqreed. pr. Vos stated he had no objections and would vote in favor of the variance. Mr. Kuechle agreed the spirit of the Code fs beinq met and he would vote in favor of the variance. OT O by Mr. Johnson, seconded by Dr. Vos, to approve variance request, VAR #90-25, by Gary Obrycki, per Section 205.0�.03.D. (3).(a) of the Fridley City Code to reduce the rear yard aetback from 25 feet to 0 feet to allow the construction of a three season porch on Lot 4, Block 3, Heather Hills, the same beinq 6267 Kerry Lane N.E. . OPON A VOICE VOTE, ALL VOTII�iG 71YE, VICE-CBAIRPER80N ICQECBLE DECLARED THE MOTION CARRZED IINANZISOOBLY. ; � . J: �� TION by Mr. Johnson, seconded by. Ms. Smith, to adjourn the , meetinq. Upon a voice vote, Vice-Chairperson Kuechle declared the' motion carried and the September 25, 1990, �ppeals Commission m�eting 8a�o�r��a at 8:35 g.m. Res ectfully ubmitted, � y e Saba Re rdinq Secretary . w z w ��N aaa�c� �� a u' • H W 4; C> ✓ H � W � W �.a a a xca�a H N N H xa�x �nw�ot� 7 � t-+ a n � a� � � r•a ra � ,a r � � -�- � � � C7 �� 92C�925 �� d �� i: inde�r QFFiCE 6F (��lNTY 1t�G�ADEB STATf af kItNNE�i3i�. Ct3D1�TY � A1101f� F hereby certify ti�at th� �t�in insUu- ctrent was f+fed irt this otti�ce fOt reCOrd �, _� JAN � 2 )99i /4_ fl�cWck%� r1�, ana was au.y remrded !� Couulr Aam9a �; 8y � •t/ � D�p�q — SHIRLEY A. HAAPALA FRIDLEY CITY CLERK 6421 iJNIVERSITY AVE NE FRIDLEY A�T 55432