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AF-V - 48009� � _ _ CITYOF FRIDLEY FRIDLEY MUr1ICIPAL CENTER • 6431 iJNNERSITYAVE. N.E. FRIDLEY, MN 55432 •(612) 571-3450 • FAX (612) 571-1287 APPEALS COMMISSION ACTION TAKEN NOTICE September 28, 1999 Brian McGowan 16949 Potomac Street Forest Lake, MN 55025 Dear Mr. McGowan: On September 22, 1999, the Fridley Appeals Commission officially approved your request for variance, VAR #99-23, to reduce the required side yard setback from 10 feet to 6.5 feet to connect an existing nonconformiiy on Blocks 11-12, Block C, Riverview Heights, generally located at 561 Lafayette Street with the following stipulation: 1. All necessary permits shall be obtained from the City prior to construction of the addition. You have one year from the date of the Appeals Commission action to initiate construction. If you cannot begin construction during this time, you must submit a letter requesting an extension at least three weeks prior to the expiration date. If you have any questions regarding the above action, please call me at 572-3593. Sincer y, � ^ Paul Bolin Planner �� Please review the above action, sign below, and return the onginal to the City of Fndley Planning Department by October 12, 1999. Concur with action taken. � � APPEALS COMMISSION MEETING, SEPTEMBER 22, 1999 PAGE 3 Dr. Vos stated that since this was a n nconformity requesting a conformity, it would not be necessary to have the petitioner pr sent for this variance request. Ms. Mau stated that due to the extenua 'ng circumstances for Mr. Hundt, it would be acceptable to grant the variance without im present. MOTION by Dr. Vos, seconded by Ms. Ma , to approve Variance Request, VAR #99- 21, to reduce the front yard setback from feet to 20.5 feet to correct an existing nonconformity on Lot 1, Block 2, Moore Lak Highlands, generally located at 6475 Able Street with the following stipulation: -. 1. All necessary permits shall be obtained fro the City prior to construction of addition. UPON A VOICE VOTE, ALL VOTING AYE, CH IRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. Pe� Section 205.07.03.D.(2).(a) of the Fridley Zoning Code, to reduce the side yard setback from 10 feet to 6.5 feet to correct an existing nonconformity on Blocks 11-12, Block C, Riverview Heights, generally located at 561 Lafayette Street. MOTION by Mr. Jones, seconded by Ms. Mau, to waive the reading of the public hearing notice and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 7:44 P.M. Mr. Bolin stated that Mr. McGowan is seeking a variance to reduce the required side yard setback from 10 feet to 6.5 feet to correct an existing nonconformity at 561 Lafayette Street, N.E. This request comes as a result of the petitioner inquiring for a building permit. The petitioner would like to put a 13-feet by 16-feet addition onto the rear of the home. This addition meets all of the City code requirements for setbacks and sides. The code requires a minimum side yard setback of 10 feet for living areas. The lot was platted in 1922; the home was built in 1948. An addition was added to the home in 1958. This property is zoned R-1, as are the properties to the south, east and west. North of this property is the city of Coon Rapids. Mr. Bolin stated the petitioner's hardship is as follows: "The existing house does not meet code but the addition would as far as setbacks. The house was built prior to the needing of permits. It was built in 1948." � � APPEALS COMMISSION M��TING, SEPTEMBER 22, 1999 PAGE 4 Mr. Bolin stated City staff recommends approval of this variance request with stipulations. This request is also within previously granted dimensions--from 10 feet to 4.4 feet at 150 Talmadge Way and from 10 feet to 6 feet at 6654 East River Road. Mr. McGowan, 16949 Potomac Street, Forest Lake, stated the first he knew about the need for the variance was when he applied for a permit to build an addition to the home. Mr. Kuechle asked Mr. McGowan if he is aware of the stipulation. Mr. McGowan stated that he became aware of the stipulation when he applied for the permit. MOTION by Dr. Vos, seconded by Ms. Mau to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:48 P.M. Mr. Jones stated that he does not see this any problem with this request and would vote in favor of the variance request. MOTION by Ms. Mau, seconded by Mr. Jones to approve the Variance Request, VAR #99-23, to reduce the required side yard setback from 10 feet to 6.5 feet to connect an existing non-conformity on Blocks 11-12, Block C, Riverview Heights, generally located at 561 Lafayette Street with the following stipulation: 1. All necessary permits shall be obtained from the City prior to construction of the addition. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. Per Section 205.07.03D.(1) of th Fridley Zoning Code, to reduce the side yard setback from 5 feet to 3 feet to al w the construction of a stairway on Lot 7, Block 1, Innsbruck North 2"d Addit on, generally located at 5477 East Danube Road. MOTION by Mr. Jones, seconded by Dr. UPON A VOICE VOTE, ALL VOTING AYE, THE PUBLIC HEARING OPEN AT 7:50 P.II to open the public hearing. RPERSON KUECHLE DECLARED Mr. Bolin stated that Mr. Nye and Mr. Brietbart , are seeking a variance to reduce their side yard setback from 5 feet to 3 feet. This is or a deck and a stairway to access the back yard at 5477 East Danube Road. This ac ss would be from the garage service . . � ^ City of Fridley Land Use Application VAR-99-23 September 22, 1999 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Brian McGowan 16949 Potomac Street Forest Lake, MN 55025 Requested Action: Variance PurPose: To reduce the required side yazd setback from 10' to 65' to correct an existing non-conformity. Existing Zoning: Residential - 1 Location: 561 Lafayette Street Size: 5500 sq. ft. .12 acres Existing Land Use: Single Family Home Surrounding Land Use & Zoning: N: Coon Rapids E: Single Family & R 1 S: Single Family & R-1 W: Single Family & R-1 ZOriIIIg OPC�1IIaIIC8 COIIfOITri1l1C8: Sec. 205.07.03.D.(2).(a) requires a side yazd setback of 10' for living areas. Zoning History: Lot platted in 1922. Home built in 1948. Addition to home in 1958. Legal Description of Property: Lot 11-12, Block C, Riverview Heights Addition. Council Action: October 11, 1999 Public Utilities: Available neaz home. Transportation: Home is accessed via Lafayette. Physical Chazacteristics: Lot is covered by grass, trees, and home. SUMMARY OF PROJECT Brian McGowan is seeking a variance to reduce the required side yazd setback from 10' to 6.5' to connect an existing non conformity. SUMMARY OF HARDSHIP " The existing house doesn't meet code but the addition woudd as far as setbacks. The house was built przor to the needing of permits. It was built in 1948. " SLfMMARY OF ANALYSIS City Staff recommends approvad with stipulations. This request is also within previo�sly granted dimensiofas. VAR #98-05 150 Talmadge Way • Reduced side yard setback to 4.4'. VAR #97-10 6654 East River Road • Reduced side yazd setback to 6'. -� i° _ � ''_ _ _ �. � �; -.., � ; � a�r H � � �. _ t� � �`- � �, . _ -_ � - -�--;- -� (View of side yazd) Staff Report Prepazed by: Pau1 Bolin � � � . � � � �_ . II 1 1 Brian McGowan, petitioner, is seeking a variance to reduce the required side yazd setback from 10' to 6.5' in order to correct an existing non-conformity at 561 Lafayette Street NE. In 1948, a yeaz before Fridley became a City, the petitioners home was built 6.5' from the side lot line. In order to correct this non-conformity, and in order to obtain a building permit to place an addition onto the home, a variance to recognize this non-conformity is necessary. The petitioner's addition does meet all of the City Codes and is technically unrelated to this variance request. The City's policy has been to correct non-conformities when owners apply for any City permits. It would cause great hazdship to require a property owner to remove their existing home, due to a non-conformity that happened over 50 years ago. Therefore, staff recommends approval of tlus variance request. Staff Recommendation City Staff recommends approval of this variance requests, with stipulations. The need for the variance is due to the way the home was originally built in 1948, and not the result of the actions of the petitioner. This request is also within previously granted dimensions. VAR #98-05 150 Talmadge Way • Reduced side yard setback to 4.4'. VAR #97-10 6654 East River Road � Reduced side yazd setback to 6'. Stipulations 1. All necessary permits shall be obtained from the City prior to construction of addition. 0 /""� � ��. GlJA/�G � Lo � �c.c-c- ��?%'-� �S-{Y/ U � i24f1�c- � �� G�� . �- .�°�.�. �-,� � � � . � ��.� �� '� . �� _�� ,�� . ��5 � . �l.F � ��.lab .�... � /9y�. . /�� l�.r � ��/c �owtt�-t �SC� � �a�y e,fE.�e.. s-r. �I , C �►��/Q y 1M ►v S S'� 3 Z, <c��Z) �83 —�0�9 %�% . �'t ` g�z��p y a C�;�RTI-I�A-1-� IdOt@: HF;ar i nys iu-a cissurrK:,,i Set i.p. Q� I c_� t 1 3 house �, U� JU��I� Y i.P. � gt°uv •�- — .� ,. -50:q'f .7 ,7� � I �', ` I Ot• 1 1 � garage , �� t.�� ' I O t 1 Z �� , 1 _ ' gur'age ` ', � I o t 1 0 � ��% I, _,_._ 1 �, ,. ;rALC � „ :,�, m �,,., ., �n 6.9 ' i o I%n °� liouse tt�, 561 0 `'-� ,� 1 hause o ' i 1 L_ O � N O � = O `" � I � 4 28•3�� 1 6 g � 1 � � 1 � . ' �� 36.g �iwood 8 cyclone 1 , fence _J ' V � � ' _ � � set p.k. � ' � ,,�y.� �, J 88t (.D• �:�59� 4.3 *5 B�' 00 00•0" w back of Curb 4.fi f�� --��` ��f E T T E S T R' � AF A QESCRIPTION LOT 11 8 12 RIVERVIEW HEIGHTS. ACCORDING 10 TI-IE Pf_AT THERFO� ON RECORD AT ANOKA COUNTY. MINNESOTA fdURTH AMF.R(CAN SURVEYS 71��) UNIVERSITY AVE. FRIDLEY. MN. 55432 612-502-0579 I hereby cartify thot this survey wus prepored Uy me or und9r my tlirect supervision and that I am o duly Reaisterqd Land Surve r under the laws of 4he State of Minnesota Datn: �-�'fJi� Z.�o� �j1 /--. aep. n�n. 9293 � /�� 1� lT/d/� � � �s��WU . �; ooF � �.� K ►K r ul< � r, �� /�r�� ,�� ' � �' 1 3 � -�! f 0 l� � . �. �' �� 0 `��` . I � ��^ I � I �ll C� � q � � Q � c� � � 0 � �i`, �,,I��P� ,, c,�' �P �`� � U�D RL�rt1 �L��? ��N � 3� x /�� X I �Tl�� v�2 �i�� ,R7 � �oo�� ..�E�I �— 'I . � 1 � • I 1 • �T ►c-, rv Kao+� —T" 51'6" x �' � ,, j�AT N �oo�� y,y,� X 7��-, � .� Ha�A� 3�Y�� L lvr�ic, ��-�or��. � f „ �% `1 X `� �-= �E�I � 9,�„ I- � � ^ /�\� ■ `� �' D cmr oF F�o��r 6431 URlLVERSITY AVENUE FRiDLEY, MN 55432 (612) 571-3450 COMMUNtTY DEVELOPMENT DEPARTMENT VARIANCE APPLICATION FOR: �C� Residential Commercial/Industrial _ Signs PROPERTY IiVFORMATION� - site plan required for submittal, see attached Address: ��,� ��,Q��'� �� ,�t�� , - as o� `� �' �� Property Identification Number. Legal Description: Lot � Block ��.. Tract/Additior� Current Zoning: � �� Square footage/acreag : �-f� �° R�son for Variance: q �� `�' �f 6 � - ,� �e �,�, ° ��° � Si , r�� c� � . �' � : . a � � (.� %�-� ,� �' �l� �r �v C�X ��Nr� �oru� �. d.��S�J `T . Have you operated a b iness in a city which required a business license? Yes No ,� If Yes, which city? If Yes, what type of business? Was fhat license ever r�er�i�d or revoked? Yes No A/�V�V�VA1NiYti�Y'V�V�%AI�1I^I�VA/�/'YA/M�VAIA/IYtiA/�YA/^/,VA/ti�V�V�VIVNtiNiVNA/IVIVAII�bA/�V1V�V�VM�I^//bAI�VA//Yti4��VIVIV �V FEE OWNER INFORMATION (as it appears on the property title) (Contract purchasers: Fee owners must sign this form prior to processing) NAME: �'�� 'i� "� �� °� �°f�� .�� ,o�.`� �_, �� ADDRESS: R ��'� �� '�-,� �� t . e�� -*�� '�; �.,� �� °� s�� , � DAYTIME PHONE: �� '��- � SIGNATURE/DATE: �� PETITIONER INFOR1111ATION NAME: `�',t�. t�`�:� ;��t'� ��_f;� -�,��,�,��_5 ADDRESS: �,, A � �=R � `�= ��'°�� 'T' �� °fi' ��°' � DAYTIME PHONE: � -��/_G''F�',� �� :� � SIGNATURE/DATE: Section of City Code: _ FEES � Fee: $100.00 for commercial� industrial, or signs: Fee: $60.00 for residential properties: Receipt #: Received By: Application Number:l��'" � � Scheduled App�als Cornrnission Date: Scheduled City Council Daie: l U 10 Day Application Complete Notifi ati n ate: 60 Day Date: � r /�� ^ a / � / \ • �� e „ . ` � w w � J C Y � W � F- - 0 � � o` Q � � � m � �%� ' m m �/ / Q � .0 - O � Q I� � � 'y C tll � •m � m � `o c� a � v c m ------------------- �. m o � � �► � y � � � V d � = C Q J �' a � � � U a � � N 'c � o � m � � n- � N � � � .� . sm J � � O � v 0 � � � U ■ �� ;«, o w C) .,� .�. y C ■ �� Q Q+ c c � � c � ca ;� � v �� C � � �� y y 'a � C C Q.y a a � O C U N � 'C N Q 0 � � C m � � q E o .� �, m �� E�L� . _ �� - •.�` -- � � ° `r °- " ° � c a �° °' . c� � � c°� u c+- e- 'c +� c Q io � � Q � N � � � .� � :n � �O S � C1 ��_ �' U Z ,F, n� � E a� � a»�a�N�U� o Q � c� o �� Q � ■ � �y c,"u Q V� ° � m o� � �� m-� Q� o� Q � V � �' ._ ca o------------ E _. �m cfl v'�Q� a / � / \ CITY OF FRIDLEY PUBLIC HEARING NOTICE BEFORE THE APPEALS COMMISSION TO: Residents within 350 feet of 561 Lafayette Street CASE NUMBER: VAR #99-23 APPLICANT: Brian McGowan 16949 Potomac Street Forest Lake, MN 55025 Petitioner or representative must be at meeting. PURPOSE: To reduce the side yard setback from 10 feet to 6.5 feet to correct an existing nonconformity LOCATION OF PROPERTYAND 561 Lafayette Street LEGAL DESCRIPTION: Lots 11-12, Block C, Riverview Heights DATE AND TIME OF Appeals Commission Meeting, September 22, 1999, at HEARING: 7:30 p.m. The Appeals Commission meetings are televised live the night of the meeting on Channel 35. PLACE OF Fridley Municipal Center, City Council Chambers HEAR/NG: 6431 University Avenue HOW TO 1. You may attend hearings and testify. PARTICIPATE: 2. You may send a letter before the hearing to Scott Hickok, Planning Coordinator, or Paul Bolin, Planner, at 6431 University Avenue N.E., Fridley, MN 55432 or fax at 571- 1287. SPECIAL Hearing impaired persons planning to attend who need an ACCOMMODATION: interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than September 15, 1999. ANY QUEST/ONS: Contact Scott Hickok, Planning Coordinator, at 572-3599, or Paul Bolin, Planner, at 572-3593. Mailing Date: September 13, 1999 �� Z w c� w , J � �It�lOf Fridley , 'l , � I� � Community Development Department Land Use Permit Notification � ': � J_ T L „ �� , ,�� .� ,�. 4 r BF�2'T11WF�riytlhile NF2'��,�y��r Ir�a1 � N � eR3 - Genaal M�iple Uri6s � AM13 - Q�doar Irter�ve Neavy Ir�ffi�ial �(� �--- R1{ - AAo6�e hlortie P�rl� � R P�Iic Fa�es A An01� CantY �i4�SUg PlD - P�a�ed l� Da�aprrert S2_��` � ��-� Land Use Permit Application, VAR #99-23 � G� _��„� N�� 561 Lafayette St. NE �ca-c�e�anes� v�me�� Brian McGowan c.3-c� s�,o�� ,, c.� - c� a� � n BERGERON WILLARD J & GLADYS 517 KIMBALL ST NE FRIDLEY, MN 55432 LAMBRECHT GERALD R & VIOLA 531 KIMBALL ST NE FRIDLEY, MN 55432 REIERSON EVELYN O 548 LAFAYETTE ST NE FRIDLEY, MN 55432 GANGL DAVID PAUL 550 LAFAYETTE ST NE FRIDLEY, MN 55432 NESS DOUGLAS A 8 ROSEMARY T 555 KIMBALL ST NE FRIDLEY, MN 55432 CARLSON ANDREW F 561 LAFAYETTE ST NE FRIDLEY, MN 55432 ANDERSON LENA N 583 LAFAYETTE ST NE FRIDLEY, MN 55432 SAXE GARY M 8� BARBARA A 611 LAFAYETTE ST NE FRIDLEY, MN 55432 NICKELL RAMONA K 621 LAFAYETTE ST NE FRIDLEY, MN 55432 SEMKE MARK W 518 KIMBALL ST NE FRIDLEY, MN 55432 CURRENT RESIDENT 538 KIMBALL ST NE FRIDLEY, MN WALD ALFRED AND MELODY S 549 KIMBALL ST NE FRIDLEY, MN 55432 KOWALCZYK GENE J& KIMBERLY K 551 LAFAYETTE ST NE FRIDLEY, MN 55432 BROWN JAMES E& DENNIE PHYLLIS 560 KIMBALL ST NE FRIDLEY, MN 55432 GOVOENT THOMAS J 567 KIMBALL ST NE FRIDLEY, MN 55432 HAUGH FREDERICK J JR 591 LAFAYETTE ST NE FRIDLEY, MN 55432 CURRENT RESIDENT 612 LAFAYETTE ST NE FRIDLEY, MN EASTWOOD JAMES D 8� SHARON F 623 LAFAYETTE ST NE FRIDLEY, MN 55432 /'°'� CURRENT RESIDENT 528 KIMBALL ST NE FRIDLEY, MN MOEN ELAINE M 541 LAFAYETTE ST NE FRIDLEY, MN 55432 ZIEBARTH JERRY A 8� LILLIAN 550 KIMBALL ST NE FRIDLEY, MN 55432 PODOLYANCHUK ANATOLIY 8� OKSA 554 LAFAYETTE ST NE FRIDLEY, MN 55432 BENSON DARRELL C& JOAN M 560 LAFAYETTE ST NE FRIDLEY, MN 55432 SCHUNEMAN ROBERT N& LORI L 571 LAFAYETTE ST NE FRIDLEY, MN 55432 LAPLANTE JERRY R 604 LAFAYETTE ST NE FRIDLEY, MN 55432 CURRENT RESIDENT 612 LAFAYETTE ST NE FRIDLEY, MN DODAY HELEN E 630 LAFAYETTE ST NE FRIDLEY, MN 55432 LANGE MELVIN H 8� DIANE J JORGENSEN JANICE K STUFLICK RODNEY N 8� ROBERTA L 8310 E RIVER RD NE 8316 E RIVER RD NE 8340 E RIVER RD NE FRIDLEY, MN 55421 FRIDLEY, MN 55432 FRIDLEY, MN 55432 . i� ^ FREDERICK JOSEPH G Bad Address 1 Bad Address 2 8350 E RIVER RD NE , . FRIDLEY, MN 55432 Bad Address 3 Bad Address 4 � _ G�iYOF FRt DLEY �• FRIDLEY MUIVICIPAL CENTER • 6431 UNIVERSITYAVE. IV.E. FRIDLEY, MN 55432 •(61?) 571-3450 • FAX (612) 571-1287 September 3, 1999 Mr. Brian McGowan 16949 Potomac Street Forest Lake, MN 55025 Dear Mr. McGowan: Per Minnesota Statute 15.99, local govemment units are required to notify land use applicants within 10 days if their applications are complete. We received an application for a variance on August 27, 1999. This letter serves to inform you that your application is complete. Your variance application hearing, discussion, and action will take place at the City of Fridley Appeals Commission Meeting on September 22, 1999 at 7:30 P.M. in the City Council Chambers at 6431 University Avenue. If you have any questions regarding this letter or the process, please feel free to contact me at 572-3593. Sincerely, Paul Bolin Planner PB C-99-159