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AF-V - 47838i � _ C�TYOF FRIDLEY FRIDLEY MUNIC(PAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 •(612) 571-3450 • FAX (61?) 571-1?R7 Robert Franzen 590 Kimball Street N.E. Fridley, 1�IId 55432 Dear Mr. Franzen: CITY COUNCIL ACTION TAKEN NOTICE October 4, 1989 On October 2, 1989 the Fridley City Council approved your request for a variance, VAR #89-21, to reduce the front yard setback from 35 feet to 29 feet; to reduce the side yard setback from a living area from 10 feet to 7 feet 10 inches, to allow the construction of additional living space on Lots 37 and 38, Block E, Riverview ^ Heights, the same being 590 Kimball Street N.E., with the following stipulation: aThe petitioner shall install a hardsurface driveway by September l, 1990. If you have any questions regarding the above action, please call the Planning Department at 57�-3450. S incerely, ��%�G+� �' �� t �ow�le-� — Ga.l� Barbara Dacy �� -�'�� Planning Coordinator G�+� /�•►� •�JI BD/dn Please review the noted stipulations, sign the statement below and return one copy to the City of Fridley Planning Department by October 18, 1989. Concur with action taken. ^ . �. . _ � � � v STATE OF MINNESOTA COUNTY OF ANOKA CITY OF FRIDLEY In the Matter of a variance, VAR ��89-21 � n��83� r-'� CITY COONCIL PROCEEDINGS Robert P. Franzen ' Owner V&RIANTCE The above entitled matter eame before the City Council of the City of Fridley and was heard on the 2nd daq of October ,�g 89 , on a petition for a variance pursuant to the City of Fridley�s Zonin� OrdiaanQe, For the following described property: To reduce the front yard setback from 35 feet to 29 feet; to reduce the side yard setback from a living area from 10 feet to 7 feet 10 inches, all to allow the construction of additional living space on Lots 37 and 38, Block E, Riverview Heights, the same being 590 Kimball Street N.E. IT IS ORDERED that a variance be granted as upon the following conditions or reasons: Approval with one stipulation. See City Council meeting minutes of October 2, 1989. See Appeals Commission minutes of September 19, 1989 for stipulations. STATE OF MINNESOTA ) COUNTY OF ANO%A ) CITY OF FRIDLEY ) OFFICE OF THE CITY CLERK 2, Shirley A. Haapala, 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 �ranting a variance with the original record thereof preserved in my office, and have found the same to be a correet and true transcript of the �rhole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand a� the City of Fridley Minnesota, in the County of Anoka on the ��'t� day of �Ol�r � , 19�• DRAFTED BY: City of Fridley 6437 University Avenue N.E. � Fridley, MN 55�432 , �� a SHIRLEY A. PALA, CI Y CLERK�-_ " Variances are valid for a period of one year following approval anc�'sh�all be considered void if not used within that period. THIS HAS A`�,READY BEEN Fj1 �D AS DOCUMENT NUMBER 193303 � ,. ON 1/29/90 t��) - . .,, - � - � � �� FRIDLEY CITY COIINCIL MEETING OF OCTOBER 2, 1989 PAGE 5 3. A. CONSIDERATION OF ITEMS. FROM THE MINUTES OF THE APPEAIS COMMISSION MEETING OF SEPTEMBER 19. 1989: THE SIDE YARD SETBACK FROM A LIVING AREA FROM 10 FEET TO 7 FEET 10 INCHES, TO ALLOW THE CONSTRUCTION OF ADDITIONAL LIVING SPACE ON LOTS 37 AND 38, BLOCK E. RIVERVIEW HEIGHTS, THE SAME BEING 590 KIMBALL STREET N.E.. BY ROBERT FRANZEN: Ms. Dacy, Planning Coordinator, stated this _is a request for two variances, one to reduce the front yard setback from 35 to 29 feet and the other to reduce the side yard setback from l0.feet to 7 feet 10 inches to permit an addition onto the front of an existing home. She stated staff has recommended denial of the variances as other options have be�en identified for this addition. Ms. Dacy stated the Appeals Commission, on a 3 to 1 vote, recommended approval of the front yard variance request, and by a unanimous vote approved the side yard variance. She stated there were homeowners in the area who objected to the variance. Ms. Dacy stated the encroachment into the side yard is already existing. MOTION by Cou_ nci��--�'3tzpatricl�to-'. grant that =�o _rtion of the ; Va�iar►ce, VAR #89-21, to reduce the side ard_setback from_a__living - area from 10 _fee��_Zf�e�-1D--in�hesl. Seconded by Councilman `-�i.-Ilings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Fitzpatrick stated the problem is the home is small and the variance is requested to add onto the living room area in order to relieve overcrowding. He stated with this proposed addition, the encroachment would be six feet into the front yard setback. M�TION by_ Councilman Fitzpatrick to grant� that portion of the: —Variance, _ VAR #89-21�_to_r�duc�_ the_. front ya�c� ��tba.ck from 35 feet� to 29 feet. Seconded by Councilman Billings. Upon a voice vote,` a-ll voting aye, Mayor Nee declared the motion carried unanimously. B. A. PHILLIPS: Ms. Dacy, Plannin variance to reduce feet to 11.1 feet j stated the Appeal setback was to ov 0 g Coor ' ator, stated this is a request for a the de yard setback on a corner lot from 17.5 t allow the construction of an addition. She Commission noted the intent of the 17.5 foot ide visual clearance and this variance would not _ � � l\ IIPON A VOICE VOTE, ALL VOTIN(�4 AYE,f�AIRPER80N BARNA DECLARED T8E MOTION CARRIED IINANIMOIIBLY. S -1. CONSIDERATION OF A VARIANCE REOUEST� VAR #89-21,';BY ROBERT FRANZEN• - 1. Pursuant to Section 205.07.03.D.(1) of the Fridley City Code to reduce the front yard setback-from 35 feet to.29 feet; 2. Pursuant to Section 205.07.03.D.(2).(a) of the Fridley City Code to reduce the side yard setback from a living area from 10 feet to 7 feet l0 inches, To allow the construction of additional living space on Lots 37 and 38, Block E, Riverview Heights, the same being 590 Kimball Street N.E. MOTION by Ms. Savage, seconded by Dr. Vos, to open the public hearing. IIPON A•VOICE VOTE, ALL VOTIN(3 AYE, CHAIRPER80N BARNA DECLARED THE PUBLIC HEARING OPEN AT 7:42 P.M. Ms. McPherson stated the property is zoned R-1, Single Family Dwelling,� and is surrounded by R-1, Single Family Dwelling. The petitioner is requesting a variance in order to construct an addition that will encroach approximately 6 feet into the front yard. The second variance is to bring the existing house into conformance. Currently, part of the house encroaches approximately 3 feet into the side yard setback. Code requires a 10 foot side yard setback. Ms. McPherson stated Lots 37 and 38 combined total approximately 5,800 sq. ft. The City Code requires a minimum lot size of 9,000 sq. ft. Staff realizes that the house is quite small and that the petitioner wishes to construct additional living space; however, there are other.. alternatives that could accommodate the petitioner's need for more living space. Ms. McPherson stated the existing living room is to the front of the house, and the�e are two bedrooms to the rear of the house, plus a utility room and_a_furnace room. The garage located on the site plan currently does not exist, so there is additional space to the rear of the lot off the utility room and bedrooms where the petitioner could build additional living space. Ms. McPherson stated another alternative would require that the garage be brought forward on the lot and be attached to the existing house. There is some question as to whether or not any kitchen windows would be affected by this second alternative. Bringing the garage forward would also decrease the width of the � . _ .�. ^ � � TT 6 APPEALB COMMIBBION MEETING, BEPTEMBER 19. 1989 - PAt3E 3 garage, but the petitioner has the option to build a garage longer than it is wide to accommadate any storage needs he might have. Ms. McPherson stated staff is recommending the.Appeals Commission deny the � variance for the front yard setback, on the basis that the petit�oner does have two alternatives which would allow him to construct additional living space. Staff does, however, recommend the Appeals Commission approve the second variance to bring the house into confornaance with today's zoning code. ` "�� Ms. McPherson stated if the Appeals Commission does choose to approve the variance request, staff is recommending one stipulation: (1) The petitioner shall install a hard surface driveway by September 1, 1990. Mr. Robert Franzen, 590 Kimball Street, stated by the time he builds a double car garage to the rear of the house, there will be very little space to construct living area to the rear. He stated his house is a slab on grade. Zf he attached the garage to the house with frost footings, if frost gets under the house, the house can buckle and cause a lot of problems with the roof. The cost would be very high and pretty unfeasible. By adding onto the front of the house, he will be at 29 ft. The front of the house has no insulation in the walls. It was built in 1950, and it does need some improvements. Right now, he has a building permit for a vestibule that he can encroach 5 feet into the front yard, and he is only asking for an additional 2 feet. Mr. Franzen stated he has a list of neighbors directly affected by the front yard setback who have signed a paper stating they do not object to his proposed construction plans or the variance. MOTION by Dr. Vos, seconded by Ms. Savage, to receive the statement from the neighbors who have no objection to Mr. Franzen's variance request. The statement was signed by George and Kay Olson, 612 Lafayette Street; Jerry LaPlante, 604 Lafayette Street; Pat Hamre, 601 Kimball Street; Marie Streich, 8295 Broad Avenue; and Sequendino Martin, 580 Kimball Street. � OPON A 90ICE VOTE, ALL VOTING AYE, CHAIRPERSON BARNA DECLARED THE MOTION CARRIED IINANIMOIISLY. Ms. Sav�ge asked Mr. Franzen to address in a little more detail the two alternatives being recommended by staff. Mr. Franzen stated by the time he puts in a garage, he will have little yard space in the rear. If the addition was constructed to the rear, he would have no yard space whatsoever. Attaching the garage to the house is very costly, because his home is built on a slab, and it could cause a lot of problems. Also, he has dining room and kitchen windows on that side, and those windows would have to be eliminated if the garage was attached. /�� /� r�. ( ( , �. APPEALS COMMI88ION MEETING. BEPTEMBER 19. 1989 - PAaE 4 Mr. John Kuusisto stated he lives directly behind Mr. Franzen at 585 Janesville Street N.E.. He stated there are two neighbors who are opposed to the variance and Mr. Franzen's construction. The lots in this area have smaller homes, and what Mr. Franzen is proposing is not going to look right aesthetically. The "newness" of the home is not goinq to fit .in with the older homes. Mr. Franzen is proposing a garage in the rear yard. There is a setback in the back yard for a well . for all the neighbors to use, , and there are some problems with that right now. - "� Mr. Franzen stated there is a real mixture of different sized and different priced homes in the neighborhood. He is updating the house with decorative brick and siding, and he cannot see how it would not fit into the neighborhood. The improvement is going to help the older homes in the area. Mr. Kuusisto stated the homes all have the same front yard setbacks, and he objected to a 6 ft. front yard variance. O�i TION by Dr. Vos, seconded by Mr. Kuechle, to ,close°= the public hearing. IIPON A VOICE VOTE� ALL VOTING AYE� CHAIRPERBON BARNA DECLARED T8E PIIHLIC HEARING CLOSED AT 8:00 P.M. Dr. Vos stated his biggest concern is the amount of square footage the petitioner has to work with. It seems this proposal with the addition and the double car garage is really filling up the lot. He stated he does not see any hardship and he would vote against the variance. Ms. Savage stated two neighbors feel very strongly about how the proposal would fit in with the homes in the neighborhood. At this time, she did not•have enough information to support the variance request. Mr. Kuechle stated he would certainly approve the side yard setback to bring the house into confonaance with the Code. He felt the best place to add onto the house is to the front. As pointed out by the petitioner, attaching the garage to the house would be very difficult and would cause a lot of problems, plus the fact that he really only has 10 ft. for the width of the garage. He was concerned that the front_sight lines would be impacted; however, he was inclined to recommend approval. Mr. Barna stated he lives in this neighborhood. He felt any improvement to these older homes helps improve the whole neighborhood. There are other homes in the area that have similar additions. As far as the extension into the front yard, there is a house at Kimball S�reet and East River Road 3 feet from the curb. Farther down on Kimball Street, there is a house 10 feet from the curb. There are several jogs in front yard setbacks throughout the y�, , .� ' /'�'� � . • ^ r ` 6VV APPEALS COMMIBBION MEETING, BEPTEMBER 19. 1989 _ - PAaE S whole Riverview Heights area. He saw as a hardship the fact that it is a previously existing structure, the lack of equare footag.e to work with, the improvement of the north wall, and the addition of insulation to the north wall. He�stated he would recommend approval of the variance. � • � � � Ms. Savage: stated she appreciated the information given by Mr. Barna who � lives in -' this � area. �-' After hearing l Mr. Barna's statements, she would be` �inclined to �`cliange her vote to` recommend approval of the variance. OM TION by Mr. Kuechle, seconded by Ms. Savaqe,��o recommend fo City , !. o�unciT approval o VAR 89-21;by Robert F=anzen,- pursuant -to 'Section-"205.`07 � 03:D.-(1� �of- tize �Fridley City Code to reduce the front" yard setback from 35 feet to 29 feet, to allow the construction of additional living space on Lots 37 and 38, Block E, Riverview Heights, the same being 590 Kimball Street N.E., with the stipulation that: - --- -- --- - -- -- - -- -- - — -�-- - -- ___ -- ----- • r-"T. —The petitioner sha�l_ install a hard surface driveway bY� - -- - - - � - - - - r"September_ 1�__1990.__� IIpON A VOICE VOTE, BARNA, 6AVAGE, AND RIIECHLE VOTING AYE, V08 VOTING NAY, CHAIRPERSON BARNA DECLARED THE MOTION CARRIED BY A VOTE OF 3-1. Ms. McPherson stated this item will go to the City Council on October 2, 1989. 2. CONSIDERATION OF A VARI CE RE Ur:51' v�►x �sy-�� Di v�s�, �+• PHILLIPS: Pursuant to Se tion 205.07.03.D.(2),(c).(1j of the Fridley City Code to redu the side yard setback on a corner lot from 17.5 feet to il.l eet, to allow the construction of • an addition on Lots 1 and 2 Block 5, Florence Park Addition, the same being 6370 Van Bur Street N.E. MOTION by Ms. Savage, seconded hearing. _ � QPON A VOICE VOTE, ALL VOTING AYE� PIIBLIC HEARING OPEN AT 8:10 P.M. Dr. Vos, to open the public RPERSON BARNA DECLARED THE Ms. Dacy stated this property is locat d on the southwest corner of 64th Avenue and Van Buren Street N.E. The property is zoned R- 1, Single Family Dwelling, and is surrou ded on all sides by R-1, Single Family. Ms. Dacy stated the`home was constructed i 1961. At that time, the City's ordinance regarding setbacks on orner lots for single family homes was that a home and garage coul be built 5 ft. from the street side yard. In this case, that woul be 64th Avenue. The � � F�+.O` ' 1 � �"a �'. 7 N � m -r-, o r`i �C a �n N• � � � � m am �-�e cn �t cD m �� N �P O N C � fD fD . � Ct z d t� m . � �t rr � m � rr � � e A � � /� ,'�'� - 6QQ FRIDLEY CITY CODNCIL MEETING OF OCTOBER 2. 1989 PAGE 5 3. CONSIDERATION OF ITEMS FROM THE MINUTES OF THE APPEALS COMMISSION MEETING OF SEPTEMBER 19. 1989: A. CONSIDERATION OF A VARIANCE, VAR #89-21, TO REDUCE THE FRONT YARD SETBACK FROM 35 FEET TO 29 FEET: TO REDUCE THE SIDE YARD SETBACK FROM A LIVING AREA FROM 10 FEET TO 7 FEET 10 INCHES, TO ALLOW THE CONSTRUCTION OF ADDITIONAL LIVING SPACE ON LOTS 37 AND 38. BLOCK E. RIVERVIEW HEIGHTS. THE SAME BEING 590 KIMBALL STREET N.E., BY ROBERT FRANZEN: Ms. Dacy, Planning Coordinator, stated this is a request for two variances, one to reduce the front yard setback from 35 to 29 feet and the other to reduce the side yard setback from 10 feet to 7 feet 10 inches to permit an addition onto the front of an existing home. She stated staff has recommended denial of the variances as other options have been identified for this addition. Ms. Dacy stated the Appeals Commission, on a 3 to 1 vote, recommended approval of the front yard variance request, and by a unanimous vote approved the side yard variance. She stated there were homeowners in the area who objected to the variance. Ms. Dacy stated the encroachment into the side yard is already existing. MOTION by Councilman Fitzpatrick to grant that portion of the Variance, VAR #89-21, to reduce the side yard setback from a living area from 10 feet to 7 feet 10 inches. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Fitzpatrick stated the problem is the home is small and the variance is requested to add onto the living room area in order to relieve overcrowding. He stated with this proposed addition, the encroachment would be six feet into the front yard setback. �iOTION by Councilman Fitzpatrick to grant that portion of the Variance, VAR #89-21, to reduce the front yard setback from 35 feet to 29 feet. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. B. A. PHILLIPS: � Ms. Dacy, Planning Coo ' ator, stated this is a request for a _ variance to reduce side yard setback on a corner lot from 17.5 feet to il.i fe to allow the construction of an addition. She stated the peals Commission noted the intent of the 17.5 foot setba as to provide visual clearance and this variance would not �� FRIDLEY CITY CO�NCIL ME$TIN� OF OCTOHER 2. 1989 PAGE 6 cause an encroachment that would qo beyond the existing line of the building wall or further encroach into the side corne yard setback. She stated, therefore, the Appeals Commission rec ended approval, even thouqh staff recommended denial. MOTION by Councilman Schneider to concur with the re mmendation of the Appeals Commission and grant the Variance, V #89-22, to reduce the side yard setback on a corner lot from 17 feet to 11.1 feet. Seconded by Councilwoman Jorgenson. Upon a oice vote, all voting aye, Mayor Nee declared the motion carrie unanimously. C. DRIVE N.E., BY O. B. ZACHMANN: 0 Ms. Dacy, Planning Coordinator, stated his building site was the subject of a variance request in 19 6 when a larger home was proposed for this lot than what the etitioner is now proposing. She stated the variance approved in 986 allowed a reduction in the front and rear yard setbacks. Ms. acy stated the variance became null and void since no action was aken in the one year time frame. Ms. Dacy stated this variance equest is to reduce the side yard setback for an accessory buil ing on a corner lot from 30 to 20 feet for the construction o a home and attached garage. She stated adjacent property ers were concerned regarding the elevations and grading o this property. She stated staff investigated this issue a d found there was about a four to five foot difference in eleva ion between this lot and the lot to the north. She stated two o four feet of fill will be placed on the property so the change in elevation, at most, would be three feet or even with the elev tion of the property to the north. Ms. Dacy stated th Appeals Commission recommended denial of this variance due to t fact that there is aciequate buildable area and other design alt rnatives for construction of a home on this lot. Councilman Fi zpatrick stated as he understands, one of the objections to the variance was the property owner to the north did not want to look at the back of the garage. He stated he also understand that if the petitioner is forced to construct a detached arage, he could not only build into the 30 foot setback, but actu lly build the garage all the way to the west up to three feet fr m his rear yard. He stated this would expose a great deal more the garage to the neighbor to the north. May r Nee asked if the persons who objected to the variance were aw re it would be considered by the Council this evening. �. - � � � ' - � STAFF REPORT APPEALS DATE September 19 , 19 89 CITYOF �aw� con�wssioN DArE FRIDLEY CiTY (bUVqL DATE October 2, 19c^,9 nurHOa r�Jls REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION SITE DATA SIZE DENSITY PRESENT ZONWG ADJACENT LAND USES 8� ZONMVC UTLlTES PARK DEDICATION ANALYSIS F�VVANCIAL MAPUCATIONS CONFORMANCE TO COMPREf�NSNE PLAN COMPATBILITY WITH ADJACENT USES & ZONNG ENVIRONMENTAL COAISIDERATIONS STAFF RECOMMENDATION APPEALS RECOMMENDATION PLANNWG COMMISSION REC�IIMENDATION VAR #89-21 R�bert Franzen To reduce the reqlaired front yard setback fran 35 ft. to 29 ft. 590 i�imball Street N.F. N/A N/A R-1, Single Family Residential R-1, Sirx3le Fan�ily Residential On site ra/A �done Yes Yes None Denial �.. . � � � Staff Report VAR #89-21, 590 Kimball Street N.E. Page 2 A. PUBLIC PURPOSE SERVED BY REQUIREMENT: ,^ Bection 205.07.03.D.(1) requires a front yard setback of not less than 35 feet. Public purpose served by this requirement is to allow for off- street parking without encroaching on the public right-of-way and also for aesthetic consideration to reduce the building "line of sight" encroachment into the neighbor�s front yard. Section 205.07.03.D.(2).(a) requires a side yard setback between any living area and side property line of 10 feet. 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 living areas in adjacent structures to reduce the possibility of fire. It is also to allow for aesthetically pleasing open areas around residential structures. B. STATED HARDSHIP: "Small living room with no front entry and closet space, very small living conditions.�' C. ADMINISTRATIVE STAFF REVIEW: Request The petitioner, Robert Franzen, is requesting that a variance be granted to reduce the required front yard setback from the 35 feet to 29 feet. This will allow him to construct a 27 ft. x 7 ft. living room and porch addition to the front of his house on Lots 37 and 38, Block E, Riverview Heights Addition, the same being 590 Kimball Street N.E. Site Combined, Lots 37 and 38 total approximately 5,800 sq. ft. This is below the standard set forth in the zoning code for lots platted before 1955 which requires a lot area of 7,500 sq. ft. (Section 205.07.03.A.(2)). In addition to the addition, Mr. Franzen is also planning an 18 foot x 24 foot garage in the southeast corner of the lot. With all the construction plans, Mr. Franzen will be close to his maximum square footage for lot coverage of 1,450 sq. ft. (1,371 sq. ft. ) . � e� Staff Report VAR #89-21, Page 3 �"1 590 Kimball Street N.E. Analysis �� As was stated earlier, Mr. Franzen's lot at 5,800 sq. ft. is below the zoning code requirement of 7,500 sq. ft. With the proposed addition, Mr. Franzen will be encroaching into the front yard area by approximately 6 feet. This will reduce the sight lines from both his neighbor to the east and to the west. Mr. Franzen has two options which would allow him to construct additional living space, but it would not be related to the existing living room. Mr. Franzen's first option would be to construct an addition between the rear of the house and the proposed garage. His second option would be to move the garage toward the front of the lot, attaching the garage to the existing house along the kitchen and utility room areas. This would, of course, reduce the garage to 10 feet in width; however, Mr. Franzen still has the opportunity to construct a deeper garage and would then have adequate space to construct an addition off the rear of his house. Again, this would not be related to the living room space as is stated in his hardship. However, it would still offer him an opportunity to have additional living area and preserve open space in the rear of the lot. Recommendation Staff recommends that the Appeals Commission deny the variance request, VAR #89-21, on the basis that the petitioner has two other alternatives which would allow him to enlarge his existing house without violating the Zoning Code. If the Appeals Commission approves the request, the following stipulation is recommended: 1. The petitioner shall install a hard surface driveway by September 1, 1990. AApeals Commission Recommendation The Appeals Commission voted unanimously to recommend to the City Council approval of the side yard setback variance from 10 feet to 7 feet 10 inches. This will allow the structure to be in conformance with today's Zoning Code. The Commission also voted 3-1 to recommend approval to the City Council of the front yard setback variance from 35 feet to 29 feet with the stipulation as recommended by staff. . , �. � !� Staff Report VAR #89-21, Page 4 590 Kimball Street N.E. City Council Recommendation Staff recommends that the City' Council deny the variance request to reduce the front yard setback from 35 feet to 29 feet. The petitioner has other alternatives which would allow him to construct additional living space without violating code. The City Council should, however, approve the side yard variance to bring the parcel up to code. If the Council approves the variance, the hard surface driveway should be stipulated. � � UTYOF FRIDLEY COM1VlUNITY DEVELO�'MENT DEPARTMENT MEMORANDUM DATE: September 21, 1989 � TO: William Burns, City Manager�� FROM: SIIBJECT: Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant Variance Request, VAR #89-21, by Robert Franzen Attached is the staff report for variance request, VAR #89-21, by Robert Franzen. The Appeals Commission voted to recommend approval of the two variances to the City Council. Staff recommends that the City Council deny the request to reduce the front yard setback from 35 feet to 29 feet, but to approve the side yard variance in order to bring the structure into conformance with the ordinance. N�I :1 s M-89-575 � � /�"� CITY OF FRIDLEY ��, APPEALS COMMIBBION MEETINa� BEPTEMHER 19, 1989 ---------------------------�------------------------------------- CALL TO ORDER• Chairperson Barna called the eptember 19, 1989, Appeals Commission meeting to order at 7:40 p.m. ROLL CALL• Members Present: Alex Barna Diane Savage, Kenneth Vos, Larry Kuec le Members Absent: Jerry Others Present: Barbara Dac , Planning Coordinator Michele McPh rson, Planning Assistant Virgil Herri k, City Attorney Councilmembe Nancy Jorgenson Councilmembe Dennis Schneider Robert Franze , 590 Kimball Street N.E. �John Kuuisist , 585 Janesville Street N.E. Vera Phillips, 6370 Van Buren Street N.E. Jim Frye, cor�t actor for Vera Phillips O. B. Zachmann 7100 Riverwood Drive N.E. LeRoy Schreifel , 7102 Riverwood Drive N.E. Larry Besser, 7 04 Riverwood Drive N.E. Connie Lutton, onoco, Inc. Father John Mag am, Orthodox Church of the Resurrection f Christ Cherle Pedersen, 1030 Hathaway Lane Mr. and Mrs. Jim agaason, 1191 Hathaway Lane Joe Sallese, 1181 Hathaway Lane Alice Abel, 1050 athaway Lane MOTION by Mr. Kuechle, seconded by September 5, 1989, Appeals Commission DPON A VOICE VOTE� ALL VOTINC3 AYE, MOTION CARRIED IINANIMOIIBLY. APPROVAL OF AGENDA: . Savage, to approve the �nutes as written. OM TION by Ms. Savage, seconded by Mr. Ri variance request, .VAR #89-1�, by C Resurrection of Christ to the end of the HARNA DECLARED THE , to move the first �x Church of the . . /� n APPEALB COMMISSION MEETING, SEPTEMBER 19. 1989 - PAGE 2 IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPER80N HARNA DECLARED THE MOTION CARRIED DNANIMOIIBLY. 1. CONSIDERATION OF A VARIANCE REOUEST, VAR #89-21. BY ROBERT FRANZEN• 1. Pursuant to Section 205.07.03.D.(1) of the Fridley City Code to reduce the front yard setback from 35 feet to 29 feet; 2. Pursuant to Section 205.07.03.D.(2).(a) of the Fridley City Code to reduce the side yard setback from a living area from 10 feet to 7 feet 10 inches, To allow the construction of additional living space on Lots 37 and 38, Block E, Riverview Heights, the same being 590 Kimball Street N.E. MOTION by Ms. Savage, seconded by Dr. Vos, to open the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPER80N BARNA DECLARED THE PDBLIC SEARING OPEN AT 7:42 P.M. Ms. McPherson stated the property is zoned R-1, Single Family Dwelling,' and is surrounded by R-1, Single Family Dwelling. The petitioner is requesting a variance in order to construct an addition that will encroach approximately 6 feet into the front yard. The second variance is to bring the existing house into conformance. Currently, part of the house encroaches approximately 3 feet into the side yard setback. Code requires a 10 foot side yard setback. Ms. McPherson stated Lots 37 and 38 combined total approximately 5,800 sq. ft. The City Code requires a minimum lot size of 9,000 sq. ft. Staff realizes that the house is quite small and that the petitioner wishes to construct additional living space; however, there are other alternatives that could accommodate the petitioner's need for more living space. Ms. McPherson stated the existing living room is to the front of the house, and there are two bedrooms to the rear of the house, plus a utility room and a furnace room. The garage located on the site plan currently does not exist, so there is additional space to the rear of the lot off the utility room and bedrooms where the petitioner could build additional living space. Ms. McPherson stated another alternative would require that the garage be brought forward on the lot and be attached to the existing house. There is some question as to whether or not any kitchen windows would be affected by this second alternative. Bringing the garage forward would also decrease the width of the � r � � � � -� 6TT �iPPEALB COMMI88ION MEETING. BEPTEMBER 19. 1989 - PAQE 3 garage, but the petitioner has the option to build a garage longer than it is wide to accommodate any storage needs he might have. Ms. McPherson stated staff is recommending the Appeals Commission deny the variance for the front yard setback, on the basis that the petitioner does have two alternatives which would allow him to construct additional living space, Staff does, however, recommend the Appeals Commission approve the second variance to bring the house into conformance with today's zoning code. Ms. McPherson stated if the Appeals Commission does choose to approve the variance request, staff is recommending one stipulation: (1) The petitioner shall install a hard surface driveway by September 1, 1990. Mr. Robert Franzen, 590 Kimball Street, stated by the time he builds a double car garage to the rear of the house, there will be very little space to construct living area to the rear. He stated his house is a slab on grade. If he attached the garage to the house with frost footings, if frost gets under the house, the house can buckle and cause a lot of problems with the roof. The cost would be very high and pretty unfeasible. By adding onto the front of the house, he will be at 29 ft. The front of the house has no insulation in the walls. It was built in 1950, and it does need some improvements. Right now, he has a building permit for a vestibule that he can encroach 5 feet into the front yard, and he is only asking for an additional 2 feet. Mr. Franzen stated he has a list of neighbors directly affected by the front yard setback who have signed a paper stating they do not object to his proposed construction plans or the variance. MOTION by Dr. Vos, seconded by Ms. Savage, to receive the statement from the neighbors who have no objection to Mr. Franzen's variance request. The statement was signed by George and Ray Olson, 612 Lafayette Street; Jerry LaPlante, 604 Lafayette Street; Pat Hamre, 601 Kimball Street; Marie Streich, 8295 Broad Avenue; and Sequendino Martin, 580 Kimball Street. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPER80N BARNA DECLARED THE MOTION CARRIED IINANIMOII3LY. Ms. Savage asked Mr. Franzen to address in a little more detail the two alternatives being recommended by staff. Mr. Franzen stated by the time he puts in a garage, he will have little yard space in the rear. If the addition was constructed to the rear, he would have no yard space whatsoever. Attaching the garage to the house is very costly, because his home is built on a slab, and it could cause a lot of problems. Also, he has dining room and kitchen windows on that side, and those windows would have to be eliminated if the garage was attached. ^ �"� APPEALS COMMIBSION MEETING, 88PTEMBER 19. 1989 - PAQE 4 Mr. John Kuusisto stated he lives directly behind Mr. Franzen at 585 Janesville Street N.E.. He stated there are two neighbors who are opposed to the variance and Mr. Franzen's construction. The lots in this area have smaller homes, and what Mr. Franzen is proposing is not going to look right aesthetically. The "newness" of the home is not going to fit in with the older homes. Mr. Franzen is proposing a garage in the rear yard. There is a setback in the back yard for a well for all the neighbors to use, and there are some problems with that right now. Mr. Franzen stated there is a real mixture of different sized and different priced homes in the neighborhood. He is updating the house with decorative brick and siding, and he cannot see how it would not fit into the neighborhood. The improvement is going to help the older homes in the area. Mr. Kuusisto stated the homes all have the same front yard setbacks, and he objected to a 6 ft. front yard variance. MOTION by Dr. Vos, seconded by Mr. Kuechle, to close the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CSAIRPERSON BARNA DECLARED THE PIIBLIC HEARING CLOSED AT 8:00 P.M. Dr. Vos stated his biggest concern is the amount of square footage the petitioner has to work with. It seems this proposal with the addition and the double car garage is really filling up the lot. He stated he does not see any hardship and he would vote against the variance. Ms. Savage stated two neighbors feel very strongly about how the proposal would fit in with the homes in the neighborhood. At this time, she did not have enough infortnation to support the variance request. Mr. Kuechle stated he would certainly approve the side yard setback to bring the house into conformance with the Code. He felt the best place to add onto the house is to the front. As pointed out by the petitioner, attaching the garage to the house would be very difficult and would cause a lot of problems, plus the fact that he really only has 10 ft. for the width of the garage. He was concerned that the front sight lines would be impacted; however, he was inclined to recommend approval. Mr. Barna stated he lives in this neighborhood. He felt any improvement to these older homes helps improve the whole neighborhood. There are other homes in the area that have similar additions. As far as the extension into the front yard, there is a house at Kimball Street and East River Road 3 feet from the curb. Farther down on Kimball Street, there is a house 10 feet from the curb. There are several jogs in front yard setbacks throughout the � � - i � �� 6VV APPEALB COMMISSION MEETING, BEPTEMBER 19. 1989 - PAGE 5 whole Riverview Iieights area. He saw as a hardship the fact that it is a previously existing structure, the lack of square footage to work with, the improvement of the north wall, and the addition of insulation to the north wall. He stated he t�rould recommend approval of the variance. Ms. Savage stated she appreciated the information given by Mr. Barna who lives in this area. After hearing Mr. Barna's statements, she would be inclined to change her vote to recommend approval of the variance. OM TION by Mr. Kuechle, seconded by Ms. Savage, to recommend to City Council approval of VAR #89-21 by Robert Franzen, pursuant to Section 205.07.03.D.(1) of the Fridley City Code to reduce the front yard setback from 35 feet to 29 feet, to allow the construction of additional living space on Lots 37 and 38, Block E, Riverview Heights, the same being 590 Kimball Street N.E., with the stipulation that: 1. The petitioner shall install a hard surface driveway by September 1, 1990. IIPON A VOICE VOTE, BARNA, BAVAGE, AND RIIECHLE VOTING AYE, VOS VOTING NAY, CHAIRPERSON BARNA DECLARED THE MOTION CARRIED BY A VOTE OF 3-1. Ms. McPherson stated this item will go to the City Council on October 2, 1989. 2. CONSIDERATION OF A VARI CE RE UEST VAR s9-ll tsY v�xPi A. PHILLIPS: Pursuant to Se tion 205.07.03.D.(2).(c).(1) of the Fridley City Code to redu the side yard setback on a corner lot from 17.5 feet to 11.1 eet, to allow the construction of an addition on Lots 1 and 2, Block 5, Florence Park Addition, the same being 6370 Van Bur Street N.E. MOTION by Ms. Savage, seconded hearing. IIPON A VOICE VOTE, ALL VOTING AYE� PIIBLIC HEARING OPEN AT 8:10 P.M. Dr. Vos, to open the public BARNA DECLARED THE Ms. Dacy stated this property is locat d on the southwest corner of 64th Avenue and Van Buren Street N.E. The property is zoned R- 1, Single Family Dwelling, and is surrou ded on all sides by R-1, Single Family. Ms. Dacy stated the home was constructed 1961. At that time, the City's ordinance regarding setbacks on orner lots for single family homes was that a home and garage coul be built 5 ft. from the street side yard. In this case, that woul be 64th Avenue. The � . �,,,,.i � ' _ = front of the lot is the Ms. Dacy stated the petiti the current 17.5 ft. code in order to construct a 14 home. The proposed addit. of the existing kitchen wi below the kitchen window. on the north side of the x which abuts Van Buren Street N.E. :r is requesting a 6 ft. variance into quirement from a side yard corner lot ,. x 18 ft. addition to the rear of the i will extend south to the north edge w. A basement window is located just ► new garage door will be constructed a sed addition. Ms. Dacy stated that in eval ating the variance request, staff looked to see if there were an options that would meet the code requirement. There is no opt on to shift the addition to the south. As pointed out by the p titioner, that would cover up two windows. The only option would e to shorten the addition from 14 ft. x 18 ft. to a 12 ft. x 14 t. addition, or to construct a longer addition of 12 ft. x 24 ft Ms. Dacy stated the home was cons cted in conformance with the ordinance in effect in 1961. The o e sole option is to construct a smaller addition. Based on tha option alone, staff has to recommend denial. However, if the A eals Commission approves the variance, staff has no recommended s ipulations. Mr. Barna stated if this was not a co� be constructed without any variances. Mr. Dacy stated that is correct. Ms. Vera Phillips stated she has let stating they have no objection to the v lot, this addition could from three neighbors OM TION by Dr. Vos, seconded by Ms. Sava , to receive into the record letters from Shirley Switzer, 6405 Van Buren Street N.E.; Pat Saba, 6360 Van Buren Street N.E.; nd Laura and Richard Carlson, 6400 Van Buren Street N.E. IIPON A VOICE VOTE, ALL VOTING AYE, MOTION CARRIED IINANIMOIISLY. BARNA DECLARED THE Mr. Jim Frye stated he is the builder for this ddition. He stated one problem with extending the addition to 24 ft. is there is a large pine tree in the rear yard that would h ve to be removed. The 12 ft. width, along with a vaulted ceiling, look like a long hallway. He stated that bec would be within the existing building lines, surprised to find out a variance was needed. He � it should be grandfathered in with the old code. ft. addition is an odd shape. In working with the felt an 18 ft. x 14 ft. addition would be well ba nicely with the existing house. s the addition ; the addition ey were quite ted he thought he 12 ft. x 24 titioner, they ced and f it in City Counci 1 Mer.ibers City Manager Alex Barna, Chairperson Appeals Canmission 560 Hugo Street N.E. Fridley, NN Douglas Ness 555 Kimball Street iJe�. Fridley, rIJ 5 5432 Robert Franzen 590 Kimball Street N.E. Fridley, M�I 55432 Winifred �ell 567 Kimball Street N.�. Fridley, NN 55432 George Ols.on 612 Lafayette Street Fridley, NN 55432 C�xd Kuus3.sto 595 ximbail street N.E. Fridley, NN 55432 George R Doday 630 Lafayette Street Fridley, NN 55432 JerrX La,Plante. 604 La,£ayette Street Fridley, MM��TT 55432 ^ N�,ILING LIST FOR VAR #89-21 59Q Kunball Street NsE• 'Igicanas Hamre 601 Kimball Str�et N.E. Fridley, N�T 55432 Da.vid Cully Mark �e 518 Kimba.11 3treet NoE. Fridley, NY�1' 55432 Glenn Grant 59� J'anesville Street Fridley, N�T 55432 David Rusch� � 84 Jan�svi.11e �treet Fridley, NN 55432 Roger sohnson 574 aanesville Street Fr.idley, N�T 55432 Roland �'�e� 564 aanesville �t�et Fridley, N�V 55432 Sheldcn Stoe�kPl 62Q: Kainball Street N;E. �'ridley, NN 55432 Rd�ert H�h�±_r 60Q K�mtaall Street NeE, k'ridley, N.�T 55432 �iomas Iia¢nre � . 7Q0.0 Zarr� i�venue N. #301 Minneapolis, i�J _ 55443 Mailinq Date: 9/�/8� �� Ellen Duval 8270 Broad Avenue Fridley, NN 55432 Marie Streiah 8295 Broad Avenue �'ridley, N�T 55432 Sequndino R�artin 580 Kilnball Street N.E. Fridley, �T 55432 Steven Hamre 557 Janesville Street F'ridley, A�T 55432 I�eonard ?ti.rberger 563 Janesville Street Fridley, 1�V 55432 Ttdayne Woj ack 569 Janesville Street Fridley, N�T 55432 Andrew Ia.t�mer 575 Janesville Street Fridley, NiV 55432 Donald Kuusisto 585 Janesville Street Fridley, NN 55432 Rodney Hirschey 595 Janesville Street Fridley, N.�T 55432 R�na1d Williams 600 Janesvil7.e Street Fridley, N�1' 55432 �"� PUBLIC HEARING BEFORE THE APPEAIS COMMISSION r 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 19, 1989, at 7:30 p.m. for the purpose of: Consideration of a variance request, VAR #89- 21, by Robert Franzen: l. Pursuant to Section 205.07.03.D.(1) of the Fridley City Code to reduce the front yard s�±tback from 35 feet to 29 feet; 2. Pursuant to Section 205.07.03.D.(2).(a) of the Fridley City Code to reduce the side yard setback from a living area from 10 feet to 7 feet 10 inches, To allow the construction of additional living space on Lots 37 and 38, Block E, Riverview Heights, the same being 590 Kimball Street N.E., Fridley, NIIJ, 55432. Any and all persons desiring to be heard shall be given the opportunity at the above stated time and place. ALEX BARNA CHAIRPERSON APPEAIS COMMISSION Note: The Appeals Commission will have the final action on this request unless there are objections from surrounding neighbors, the City Staff, or the petitioner does not aqree with the Commission's decision. If any of these events occur, the request will continue to the City Council through the Planning Commission with only a recommendation from the Appeals Commission. Any questions related to this item may be referred to the Fridley Community Developme�t Department, 571-3450. � CITY OF FRIDLEY _ 6431 UNIVERSITY A1fE� FRIDLEY, MN 55432 (612) 5T7-3450 PROPE�TY INFORMATI PROPERTY ADDRESS ��7 VAR[AN(+: REQUEST FORM VARIANCE � � 7iI VARIANCE F �� RECEIPT � �� SCHEDULED �PPEALS 1+�ETING DATE % .<<_ / `�� v ° I LEGAL DESCRIPTION: LOT �� BLOC� � TRACT/ADDITION � PRESENT ZONING � VARIANCE REQUEST(S): Attach a plat or survey of the propertq showing building, � variance(s), where applicable. ��'�--' C��,� � � i � � � , �.( I � � �r �� Sectio of the ode : dS %� 3, a � ` ^ ��'`�'''v ��b-7°v-' l � � �j �%' /� � List pecific hardship( ) which uire the varianee(s): 1 i/ / • . /i . / / /l / / / / . _, , _ ,,,. •�ffi�� r$$if�##'�iF$#iifs�#fffi�if�*sf�fs:ffff$ffff�f*�iff�fa�ifffssf��sfs�#�ifs#�� EE OWNER INFORMATION NAME (please print) .PHONE � 1�v � 9X��-/ ADDRESS SIGNATURE /�/,r�9il� �_�,� ��ff��f��ff�i��f�F�i�it��''�i PET.ITtONER fNFORMATION DATE �f°i�li�+�+��1t�'isffff�''�liffff#iF� NAME (please print) PHONE ADDRESS SIGNATIIRE DATE #ffflii*fif�#ifi#ii�iif�fi��ifi#!lifflif�ff#filfi�ffiif�lffffif!*ffiffffi�fiflii�• �PPEALS COMMISSION: APPROVED DENIED DATE CITY COONCIL: �PPROVED DENIED DATE STIPULATIONS: � �. �� The petitioner hereby understands that: 1. The City will notify all residents and owners of property within 200 - feet of said property. 2. This application must be signed bq all owners of the property, or an , explanation givea why this is not the case. 3. MateraiaY for submission of a variance include: * Scaled plan showing proposed property and/or buildings.if applicable. Three full suzed copies and legible 8 1/2" x 11" reduction. * Scaled preliminary (or final) landscape plan showiag location of existing vegetation to be saned and locations of new plant mater-ial. Species, species name (common or botanical), and condition of root (i.e. bared, b�alled and burlapped, etc). Three fu].1 size copies and legible 8 1/2" x 11" reduction. * Scaled preliminary (or final) grading and drainage plan showing existing and propoed contours, detention/retention ponds, drainage swales, weirs, we-ir details, and run off quaneities. Three full size copies and legible 8 1/2" g ll" reduction. , � Floor plans, fu11 size and 8 i/2" x 11" reduction.' � Buildi,ng elevatians, full size and 8 1/2" x 11" reduction. * Perspective shwoiag how the proposal-potentially looks in the . surrounding area, full size a�td 8 1/2" u 11" reduction. � � � CITYOF FRIDLEY COMMISSION APPLICATION REVIEW ��R � o� � DATE FiLE DESCRIPTION v�x �89-21 47 9-1-89 9-19-89 590 Kimball St. Td.E. COMPLETE REVIEW CHECKLIST AND RETURN TO PLANNING DEPT. ❑ BARB D. JOHN F. � �r ❑ DARREL C. � M. M. 9� �� H. 9-�� BOB A. ,,. , . , r� COMMENTS � � � � � �� i I CITY �—.UAR ��89-21 :obert Franzen 6LL � �❑ ZOMIN� MAi� VAR ��89-21 � � Robert Franzen '�. . , 1 ' v'� � : � Q� �Q J� Q . N. iI COANER .. f . . '7 �' , � ° ` p v e � ,�. 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