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VAR 96-23APPEALS COMMISSION ACTION TAKEN NOTICE October 24, 1996 Scott and Connie Masica 1070 Lynde Drive N.E. Fridley, MN 55432 Dear Mr. & Mrs. Masica: On October 23, 1996, the Fridley Appeals Commission officially approved your request for a variance, VAR #96-23, to reduce the front yard setback from 35 feet to 31 feet to allow a bay window addition to a dwelling on Lot 1, Block 3, Lyndale Builders 6t' Addition, the same being 1070 Lynde Drive N.E. You have one year from the date of Appeals Commission action to initiate construction. If you cannot begin construction in 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. Sincerely, Michele McPherson Planning Assistant MM:Is Please review the above, sign below, and return the original to the City of Fridley Planning Department by November 7, 1996. Concur with action taken. CITY OF CITY OF FRI DLEY FRIDLEY COMMISSION APPLICATION REVIEW File Number 50 File Date 9/12/96 Meeting Date 10/9/96 -------------------------------- Description: VAR 496-23, 1070 Lynde Drive by Scott & Connie Masica front yard setback & driveway width * * Return to the Community Development Department * * Barbara Dacy Community Development Director John Flora Public Works Director Ed Hervin City Assessor Scott Hickok Planning Coordinator Ron Julkowski Chief Building Official Dick Larson Fire Marshall Michele McPherson Planning Assistant Dave Sallman Police Chief Jon WiIczek Asst. Public Works Director 1070 Lynde Drive Front Yard Variance Request DESCRIPTION OF REQUEST: The petitioners request that a variance be granted to reduce the front yard setback from 35 feet to 31 feet. ff approved, the variance would allow the construction of a 4 foot deep "floor -to -ceiling' bay window. SUMMARY OF ISSUES: Section 205.07.03.D.(1) of the Fridley Zoning Code 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. The petitioners propose to construct a "floor -to -ceiling" bay window which requires footings. The proposed window will be within the existing roof overhang. The reduction in the front yard setback will not affect property site lines nor traffic visibility from Lynde Drive or Fillmore Street. The request is within previously granted variances. HARDSHIP STATEMENT: "To extend front easement for footings" RECOMMENDED ACTION: As the request is within previously granted variances, staff has no recommendation for the Appeals Commission. Staff Report VAR #96-23, 1070 Lynde Drive Page 2 PROJECT DETAILS Petition For: A variance to reduce the front yard setback from 35 feet to 31 feet Location of Property: 1070 Lynde Drive Legal Description of Properly: Lot 1, Block 3, Lyndale Builders 6th Addition Size: 10,994.4 square feet Topography: Flat Existing Vegetation: Typical suburban, trees, sod, shrubs, etc. Existing Zoning/Platting: R-1, Single Family, Lyndale Builders 6th Addition 1960 Availability of Municipal Utilities: Connected Vehicular Access: Lynde Drive & Fillmore Street Pedestrian Access: N/A Engineering Issues: N/A Site Planning Issues: Comprehensive Planning Issues: The Comprehensive Plan and the zoning are consistent in this area. Public Hearing Comments: To be taken Staff Report VAR #96-23, 1070 Lynde Drive Page 3 ADJACENT SITES WEST: Zoning: R-1, Single Family SOUTH: Zoning: R-2, Two Family EAST: Zoning: R-1, Single Family NORTH: Zoning: R-1, Single Family Land Use: Residential Land Use: Duplexhwin home Land Use: Residential Land Use: Residential DEVELOPMENT SITE REQUEST The petitioners request that a variance be granted to reduce the front yard setback from 35 feet to 31 feet. If approved, the variance would allow the construction of a 4 foot deep "floor -to -ceiling" bay window. SITE DESCRIPTION/HISTORY The subject property is located at the southwest corner of the intersection of Fillmore Street and Lynde Drive. The front of the dwelling faces Lynde Drive. The original. dwelling, 27 feet by 40 feet, was constructed in 1960. In 1965, a 22 foot by 24 foot garage was constructer. A 12 foot by 13 foot addition and a 12 foot by 10 foot deck were added in 1987. ANALYSIS Section 205.07.03.D.(1) of the Fridley Zoning Code 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. The petitioners propose to construct a bay window fully contained under the eaves of the existing roof. The variance request is required as the floor -to -ceiling window requires frost footings. Setbacks are typically measured from the base of the footing. The proposed addition does not adversely affect adjacent properties' site lines, nor are there any impacts to traffic visibility from either Lynde Drive or Fillmore Street. The variance request is within previously granted variances. RECOMMENDATION: As the variance request is within previously granted variances, staff has no recommendation for the Appals Commission. N VAR #96-23 1070 Lynde Drive Scott &Connie Masica LOCATION MAP 6u"—�C,Ixa-id pu3 �{' If -F"® sbU400-4 4s®y-JI il�VFO m'; - IQ -V17 '-�I'YCl +5 PUBLIC HEARING BEFORE THE APPEALS COMMISSION ----------------------------------------------------------------- ----------------------------------------------------------------- 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 Wednesday, October 9, 1996, at 7:30 p.m. for the purpose of: Consideration of variance request, VAR #96-23, by Scott and Connie Masica: Per Section 205.07.03.D.(1) of the Fridley Zoning Code, to reduce the front yard setback from 35 feet to 31 feet to allow a bay window addition to a dwelling on Lot 1, Block 3, Lyndale Builders 6th Addition, the same being 1070 Lynde Drive 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. LARRY KUECHLE CHAIRPERSON APPEALS COMMISSION Any questions related to this item may be referred to the Fridley Community Development Department, 572-3593. Hearing-impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than October 2, 1996. e CITY OF FRIDLEY p 6431 UNIVERSITY AVENUE N.E. FRIDLEY, MN 55432 (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT VARIANCE APPLICATION FORM PROPERTY INFORMATION - site plan required for submittal; see attached Address:yto Lurk -bRi V E FRPAEu Mn. . 55213-9 Property Identification Number (PIN) Legal description: Lot Block Tract/Additio Current zoning: 02.4 Square Reason for variance and hardsh - wed- F- I-W711113-ection of City Code: Have you operated a business in a city which required a business license? Yes No Vol If yes, which city? If yes, what type of business? Was that license ever denied or revoked? Yes No -� FEE OWNER INFORMATION (as it appears on the property title) (Contract Purchasers: Fee Owners m Wt sign this form prior to processing) NAME "E L� ADDRESS E. i V E F� r Liu l'� �� DAYTIME PHONE A 7-1107 SIGNATURE DATE PETITIONER INFORMATION NAME SM& a.5 l-ADilE ADDRESS DAYTIME PHONE SIGNATURE�i zv ew, DATE Fee: $100.00 $ 60.00 &_ for residential properties Permit VAR # ot� Receipt # Z/1/o,3 Application received by. Scheduled Appeals Commission date: _ 6 d & Scheduled City Council date: r APPLICATION DATE weeks City of Fridley Communit Development Variance Process APPEALS COMMISSION DATE CITY COUNCIL DECISION CITY RECORDS ACTION AT ANOKA COUNTY VAR #96-23 SCOTT & CONNIE MASICA 1070 LYNDE DRIVE NE SCOTT & CONNIE MASICA 1070 LYNDE DRIVE NE FRIDLEY MN 55432 THEODORE MCCARTY OR RESIDENT 1051 LYNDE DRIVE NE FRIDLEY MN 55432 WALTER JONES OR RESIDENT 1021 LYNDE DRIVE NE FRIDLEY MN 55432 MARK & NANTHALIE PENN OR RESIDENT 1040 LYNDE DRIVE NE FRIDLEY MN 55432 DONALD & SANDRA SCHERER OR RESIDENT 1000 HATHAWAY LANE NE FRIDLEY MN 55432 JEAN STINSON OR RESIDENT 970 HATHAWAY LANE NE FRIDLEY MN 55432 CATHERINE FAUCHER OR RESIDENT 5586 FILLMORE STREET NE FRIDLEY MN 55432 CLARKE & BONNIE KOEHLER OR RESIDENT 5570 FILLMORE STREET NE FRIDLEY MN 55432 MAILING LIST TERRENCE & JOAN WEGLARZ OR RESIDENT 1071 LYNDE DRIVE NE FRIDLEY MN 55432 ALICE BECKERLEG OR RESIDENT 1041 LYNDE DRIVE NE FRIDLEY MN 55432 ROBERT & KARYN PROIS OR RESIDENT 1060 LYNDE DRIVE NE FRIDLEY MN 55432 WILLIAM PRINCE III OR RESIDENT 1030 LYNDE DRIVE NE FRIDLEY MN 55432 THOMAS REED OR RESIDENT 990 HATHAWAY LANE NE FRIDLEY MN 55432 JOSEPH & JENNIFER LOSKOTA OR RESIDENT 5562 FILLMORE STREET NE FRIDLEY MN 55432 SHIRLEY SCHLIE OR RESIDENT 5588 FILLMORE STREET NE FRIDLEY MN 55432 JACKIE & LINDA LIEN OR RESIDENT 1131 LYNDE DRIVE NE FRIDLEY MN 55432 MAILED 9/27/96 JONATHAN GOETZE OR RESIDENT 1061 LYNDE DRIVE NE FRIDLEY MN 55432 NORMAN & VIOLET RAUSCH OR RESIDENT 1031 LYNDE DRIVE NE FRIDLEY MN 55432 WALTER & DOROTHY HANSEN OR RESIDENT 1050 LYNDE DRIVE NE FRIDLEY MN 55432 BARBARA NOTSCH OR RESIDENT 1020 LYNDE DRIVE NE FRIDLEY MN 55432 GERALD & BETTY HULTS OR RESIDENT 980 HATHAWAY LANE NE FRIDLEY MN 55432 MUHHAMMAD & ISHRAT ISLAM OR RESIDENT 5560 FILLMORE STREET NE FRIDLEY MN 55432 MARK JENSEN OR RESIDENT 5572 FILLMORE STREET NE FRIDLEY MN 55432 DOMINIC & JOYCE COLOTTI OR RESIDENT 1121 LYNDE DRIVE NE FRIDLEY MN 55432 GARY & LYDIA NYQUIST JOHN & BEVERLY HURAJT STEVE DENSMORE OR RESIDENT OR RESIDENT OR RESIDENT 1081 LYNDE DRIVE NE 1111 LYNDE DRIVE NE 1101 LYNDE DRIVE NE FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432 MAILING LIST - PAGE 2 VAR #96-23 1070 LYNDE DRIVE MARCEINE LOVEN OR RESIDENT 1140 LYNDE DRIVE NE FRIDLEY MN 55432 GARY WOJTOWICZ OR RESIDENT 1110 LYNDE DRIVE NE FRIDLEY MN 55432 AN VAN & TAM THI NGUYEN OR RESIDENT 1040 HATHAWAY LANE NE FRIDLEY MN 55432 ROGER & MARY GEHRKE OR RESIDENT 1010 HATHAWAY LANE NE FRIDLEY MN 55432 LARRY KUECHELE 202 MERCURY DRIVE NE FRIDLEY MN 55432 DONALD & MARY HOLLEY 1130 LYNDE DRIVE NE FRIDLEY MN 55432 RICHARD & VALERIE ROLSTAD OR RESIDENT 1100 LYNDE DRIVE NE FRIDLEY MN 55432 DESIREE TIEMANN OR RESIDENT 1030 HATHAWAY LANE NE FRIDLEY MN 55432 INDEPENDENT SCHOOL DIST 13 1400 49TH AVENUE NE COLUMBIA HEIGHTS MN 55421 CITY MANAGER CITY COUNCIL JAINARAINE & SATYAWATI DEORAJ OR RESIDENT 1120 LYNDE DRIVE NE FRIDLEY MN 55432 NORMAN & ALICE ABEL OR RESIDENT 1050 HATHAWAY LANE NE FRIDLEY MN 55432 R A RAMACHER / R A COOPER OR RESIDENT 1020 HATHAWAY LANE NE FRIDLEY MN 55432 FORREST HARSTAD 1250 EAST MOORE LAKE DRIVE FRIDLEY MN 55432 tl#e 9 �-3 3 10 71) !►� Cn t4) (3) V r •.eb►,s u u u n cus � (P)R u a PEM aMAW �3, --r► so jo Jde A Aw- •� N �►,.: sus 0 N 41 It :- � Muir•- � � (7)tea �• � .,art, � -'. ! ir L -DRIVE z • a , M I C �r JON, mr IA s OA p � � e a N�1 � �wao !Ai) � � �� '�_ Ali 1�;•�, I �, � �¢1 _ 4 Air)" MD. V ION r }� '74A 1 CONDO #0.39"=- /ST sup - �NTERST,gT 4 ----:Hwy_ _ . 69� I APPEALS COMMISSION MEETING. OCTOBER 23 1998 PAGE 5 1. 2. 3. 4. The petitioner shall dedicate0-foot drainage and utility easement parallel with and adjacent to the west line ofihe existing drainage and utility easement. The petitioner shall submit a stormwater runoff. The petitioner shall work with staff Adequate informational signage crossing be installed prior to corn UPON A VOICE VOTE, ALL VOTING AYE, MOTION CARRIED UNANIMOUSLY. and drainage plan and calculations for find an appropriate screening solution. Ms. McPherson stated the City Council would 2. off-site overflow parking and pedestrian it of construction. KUECHLE DECLARED THE this request on November 4. BY SCOTT AND CONNIE MASICA: Per Section 205.07.03.D.(1) of the Fridley Zoning Code, to reduce the front yard setback from 35 feet to 31 feet to allow a bay window addition to a dwelling on Lot 1, Block 3, Lyndale Builders 6th Addition, the same being 1070 Lynde Drive N.E. MOTION by Ms. Savage, seconded by Ms. Beaulieu, to waive the reading of the public hearing notice and to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:53 P.M. Ms. McPherson stated the request is for 1070 Lynde Drive which is located at the intersection of Lynda and Fillmore Streets. The request is to reduce the front yard setback from 35 feet to 31 feet The purpose of the request is to allow construction of a 4 -foot deep floor -to -ceiling bay window. The public purpose served by this section of the code is to reduce the building line -of --site encroachment into the neighbors front yard. Ms. McPherson stated located on the subject parcel is a single family dwelling and a detached garage. The petitioners are proposing to build the proposed bay window within the existing eave line of the dwelling unit. The floor--to-ceiling bay window does require footings. Because it is within the existing roof overhang, it does not impact the line -of --site nor affect the visibility for traffic. This request is within previously granted variances; therefore, staff has no recommendations regarding this request. Mr. Kuechle asked about the rules regarding -bay windows. Ms. McPherson stated that if there are no footings, a bay window can be cantilevered into APPEALS COMMISSION MEETING, OCTOBER 23. 1996 PAGE 6 the setback. If the bay window requires footings, it needs a variance. Typically, when a window is installed above the brick line, they can be installed without a variance. When footings are needed and structural work done, a variance is required. Ms. Masica showed copies of the drawings of the proposed project Mr. Kuechle asked if the bay window would be installed where the three windows are now located. Ms. Masica stated, yes. They have three sections of a window that is 10 feet long. They wanted to replace the windows and then wanted to add and widen the room. It is on a north wall so they wanted the foundation in order to insulate and keep the floor warmer. MOTION by Ms. Beaulieu, seconded by Ms. Savage, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:58 P.M. Ms. Beaulieu stated she had no problem with the request The roof line will not change. There is very little visual impact She did not know what the hardship would be other than that by doing it this way it is more conserving of energy. She would recommend approval. Ms. Savage agreed. There is minimal impact and almost seems a technical requirement. She would recommend approval. MOTION by Ms. Beaulieu, seconded by Ms. Savage, to approve Variance Request; VAR #96-23, by Scott and Connie Masica, to reduce the front yard setback from 35 feet to 31 feet to allow a bay window addition to a dwelling on Lot 1, Block 3, Lyndale Builders 6th Addition, the same being 1070 Lynde Drive N.E. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. 0 BY NOAH'S ARK OF MINNESOTA Per Section 205.14.03.C.(3) of the Fn setback from 25 feet to 15 feet to allow living apartment building for seniors Apartments at Northtown, generally lose and the West University Avenue Service MOTION by Ms. Savage, seconded by Ms. hearing notice and to open the public hearing. Zoning Code, to reduce the rear yard construction of a 108 -unit independent ited on Lot 1, Block 2, Springbrook at the northwest comer of 83rd Avenue to waive the reading of the public UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPEIkSON KUECHLE DECLARED THE