VAR 03-04UlYOF
FRIDLEY
FRIDLEY MUNICIPAL CENTER - 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 - (763) 571-3450 - FAX (763) 571-1287
CITY COUNCIL
ACTION TAKEN NOTICE
February 12, 2004
Paridon Colstrom
5750 Madison Street NE
Fridley MN 55432
Dear Mr. Colstrom:
On Monday, February 9, 2004, the Fridley City Council officially approved your 120 -day
extension request for a variance, VAR #03-14, generally located at 5750 Madison Street, to
reduce the rear yard setback on a double frontage lot from 34 feet to 7 feet to recognize an
existing nonconformity (existing shed location). The 120 -day extension gives you until May 27,
2004, to fill in the gap in the screening fence along Jefferson Street using a matching board on
board fencing material. If the fence isn't completed by this date, the shed needs to be removed
immediately or the City will initiate the abatement process.
If you have any questions regarding the above action, please call me at 763-572-3595.
Sincerely,
Stacy Str r iberg
Planner
SS/jt
cc: Variance File
Address File
Stacy Stromberg
Nfary�infz -
Please review the above, sign the statement below and return one copy to the City of Fridley
Planning Department by February 23, 2004.
Concur with action taken.
C-04-23
b
t .4 ,31
FRIDLEY CITY COUNCIL MEETING MINUTES OF FEBRUARY 9, 2004 PAGE 4
established property o r responsibilities for costs, provided for recovery of city costs,
and established an a eal process whereby Council had authority to hear appeals from
property owners. S recommended Council's approval.
WAIVED T READING AND APPROVED THE ORDINANCE ON FIRST
READING.
6. VARIANCE EXTENSION REQUEST, VAR #03-14, BY PARIDON COLSTROM,
TO REDUCE THE REAR YARD SETBACK ON A DOUBLE FRONTAGE LOT
FROM 34 FEET TO 7 FEET TO RECOGNIZE AN EXISTING NONCON-
FORMITY, GENERALLY LOCATED AT 5750 MADISON STREET N.E.
Dr. William Burns, City Manager, said that on July 28, 2003, Council approved a rear yard
setback variance for Paridon Colstrom with the condition that a gap in the screening fence
along Jefferson Street had to be filled. The condition had not been met within the required
six months. Mr. Colstrom asked for a 120 -day extension. Staff recommended approval
with the understanding that if the gap in the fence was not filled by May 27, 2004, the City
would begin the process for removal of the shed which encroached on the setback for the
property.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED
ON THE REGULAR AGENDA.
7. RESOLUTION NO. 2004-10 AUTHORIZING AN APPLICATION FOR
8.
Dr. William Burns, Ci Manager, said the application would allow the City to provide a
series of four public or hops related to the possible amendment of the Housing Chapter
of the City's Comprehensi e Plan. The workshops would provide an overview of housing
trends and housing compos 'on in Fridley, an overview of federal and state law as it
related to the City's land use cisions, an examination of the current Housing Chapter of
the Comprehensive Plan in ligh of housing needs in Fridley and the legal constraints the
City faced, and a public discussio of the City's role in the provision of affordable housing
opportunities. If funded the gran would provide $15,000. Another $15,000 from the
City's Section 8 Housing Program b ance would be used for this purpose. He said they
learned prior to the Council meeting at it was not likely that the Anoka County HRA
would fund this program. In any event, s recommended Council's approval.
THIS ITEM WAS REMOVED FROM T CONSENT AGENDA AND PLACED
ON THE REGULAR AGENDA.
FRIDLEY CITY COUNCIL MEETING MINIMS OF FEBRUARY 9, 2004 PAGE 3
NEW BUSINESS:
2.
3.
G9
Dr. William Burns, City Manager, said that Chapter 3 of th Fridley City Code allowed
severance pay to employees hired before September 1, 197. This ordinance clarified that
the benefit applied to full-time employees. Staff recommepfied Council's approval.
WAIVED THE READING AND APPROVED
READING.
DEPARTMENT OFFICERS.
ORDINANCE ON FIRST
Dr. William Burns, City Manager, said the dinance corrected the wording of Chapter 107
of the Fridley City Code by eliminating eferences to the Deputy Fire Chief and adding
references to the Assistant Fire Chiefyd Fire Marshall. Staff recommended Council's
approval.
WAIVED THE READING ANT APPROVED THE ORDINANCE ON FIRST
READING.
Dr. William Burns, City anager, said the ordinance adopted the 2003 version of the State
Fire Code. It also added anguage that allowed Fire Department officials to enforce the law
as it related to delibera a or negligent burning, removal or tampering with equipment, fires
or barbecues on patio or balconies, and fire access road. Staff recommended Council's
approval.
WAIVED THE /%READING AND APPROVED THE ORDINANCE ON FIRST
READING.
5. FIRST READING OF AN ORDINANCE ESTABLISHING A
Dr. Willi Burns, City Manager, said the ordinance was requested by the Anoka. County
Health D parlment. It provided definitions, established notification requirements of the
City and the property owner, identified other responsibilities of the property owner,
P
TREDLEY CITY COUNCIL MEETING MINUTES OF FEBRUARY 9, 2004 PAGE 7
She asked how they were going to k p track. She asked what promises were made by Profitmax
and how changes would be made 91ter the fact. She asked if there would be a public hearing on
the 911 fee. If they were trying o attract citizens 55 and older into the area, she did not think it
was very friendly Fridley. Sh said she hoped Council would keep this in mind and pay more
attention to their constituents.
The Mayor said they woulcytake her comments under advisement.
Mr. Donald Anderson, ,`304 West Circle N.E., said some of the sidewalks by Fireside Road and
Old Central were not diowed.
Mr. Jon Haukaas(blic Works Director, said Mr. Anderson was referring to bituminous paths and
per the City's sn lowing policy, only concrete sidewalks were plowed.
Bolkcom asked if they had plowed them in the past.
Mr. Haukajds said they had not.
NEW BUSINESS:
6. VARIANCE EXTENSION REQUEST, VAR #03-14, BY PARIDON COLSTROM,
TO REDUCE THE REAR YARD SETBACK ON A DOUBLE FRONTAGE LOT
FROM 34 FEET TO 7 FEET TO RECOGNIZE AN EXISTING NONCON-
FORMITY, GENERALLY LOCATED AT 5750 MADISON STREET N.E. (WARD
1)
Councilmember Bolkcom said she was okay with granting the extension, but asked Mr. Colstrom
not to request another extension. She said she was going on the record to let him know that he
needed to get his property cleaned up and be a good neighbor.
Mr. Colstrom said he planned on taking care of everything.
MOTION by Councilmember Ann Bolkcom to approve Variance Extension Request, VAR
#03-14, by Paridon Colstrom. Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
7.
Councilmember Ann Bolkcom aske4 if staff could report on their meeting with Anoka County.
Dr. William Burns, City Manager, saiddikt Grant Fernelius reported that the Anoka County HRA
Technical Advisory committee met on the location of the 2004 CDBG money. A total of 61
applications representing $3.5 million were
recommended.
Mr. Scott Hickok, Community Development Di
wanted to fund.
Dr. Burns said staff was going to try to do
from a Section 8 surplus.
Mr. Hickok said some money was there,
Dr. Burns asked if there was a reason to
Mr. Hickok said it solidified what they
The City's application was not
said the Committee selected the items they
ect with $15,000 they thought they had on hand
they would make the program work.
the resolution.
and closed the record.
Councilmember Bolkcom said the ap lication was for funding for workshops related to affordable
housing and life -cycle housing. She ked if there were some other funds for the workshops.
Mr. Hickok said what they plana to do was to proceed with the program although the budget
would be 50 percent lower. The would try to put together the details on the workshops by the
conference meeting in April.
MOTION by Councilmember Bolkcom to adopt Resolution No. 2004-10. Seconded by
Councilmember Billings.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UN OUSLY.
PUBLIC HEARING:
[M
9
MOTION by Councilor ber Billings to waive the reading of the public hearing notice and open
the public hearing. Sec ded by Councilmember Bolkcom.
UPON A VOICE MOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIEDIUNANIMOUSLY.
Mr. Richard Pribyl, Fi ance Director, said the public hearing was for an on -sale liquor license for
Sandee's Cafe, locate 6490 Central Avenue N.E. The property was acquired by Town Center
Development, LLC. The business would operate as it had in the past. The Public Safety
Department reviewed the application and found no reason to deny the request. The applicant was
David Reimer, Presi nt of Town Center, and a representative was at the meeting if there were any
questions. Staff propided a copy of the City ordinance that included the stipulations that went
r
My OF
FRUXEY
AGENDA ITEM
CITY COUNCIL MEETING OF FEBRUARY 9, 2004
Date: February 3, 2004
To: William Bums, City Manager 4(11
From: Scott Hickok, Community Development Director
Paul Bolin, Planning Coordinator
Stacy Stromberg, Planner
Subject: Variance Extension Request, VAR #03-14, Paridon Colstrom
M-04-07
INTRODUCTION
Paridon Colstrom, property owner of 5750 Madison Street was granted a variance on
July 28, 2003 by the City Council, to reduce the rear yard setback on a double frontage
lot from 34 feet to 7 feet to recognize an existing non -conformity (existing shed location)
at his property. A condition of that variance is to fill in the gap in the screening fence
along Jefferson Street using a matching board on board fencing material within 6
months of the approval of the variance. Therefore, the gap in the fence needed to be
completed by January 28, 2004.
On January 27, 2004, staff received a letter from Mr. Colstrom requesting a 120 -day
extension to compete the gap in the fence along Jefferson Street.
PLANNING STAFF RECOMMNEDATION
City Staff recommends approval of the 120 -day extension ensuring that the fence is
completed by May 27, 2004. If the fence isn't completed by this date, the shed will
need to be removed immediately or the City will initiate the abatement process.
Jan 27 2004
Perry Colstrom
5750 Madison St Ne
763.571.2170
Attn; Stacy Stromberg
Director of Code Enforcement
City of Fridley
6431 University Ave NE
Fridley MN 55432
763.57-2.3595
Re; back yard fence
Honorable Mayor & council persons
I Perry Colstrom request an extension of 120 days to finish
completing of the Jefferson side of the back yard fence
as prordsed earlier to the city council_.
Thank you
le�rry Co strom
STATE OF MINNESOTA
CreliP►�iZ073_1 *I_1
CITY OF FRIDLEY
In the Matter of: A Variance, VAR #03-14
Owner: Paridon Colstrom and Carol Colstrom
443495
CITY COUNCIL PROCEEDINGS
VARIANCE
The above entitled matter came before the City Council of the City of Fridley and was heard on the 28th day of
July, 2003, on a petition for a variance pursuant to the City of Fridley's Zoning Ordinance, for the following
described property:
The Council officially approved Variance #03-14, to reduce the rear yard setback on a double frontage
lot from 34 feet to 7 feet to recognize an existing non -conformity, legally described as Lot 13, Block 8,
Donnays Lakeview Manor Addition, subject to easement of record, generally located at 5750 Madison
Street NE.
IT IS ORDERED that a variance be granted as upon the following conditions or reasons:
Approval with five stipulations. See City Council meeting minutes of July 28, 2003.
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF FRIDLEY
OFFICE OF THE CITY CLERK
I, Debra A. Skogen, 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 correct and true transcript of the whole thereof.
IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at the City of Fridley, Minnesota, in the
County of Anoka on the 9^d day of 2003.
DRAFTED BY:
City of Fridley
6431 University Avenue N.E.
Fridley, MN 55432 Debra A. Skogen, City Clea,
cSEA
Variances are valid for a period of one year following approval and shall be considered void if not used within
that period.
-Mai
' FRIDLEY CITY COUNCIL MEETL iG OF JULY 28.2003
Mr. Zerby asked if there was a possibility of asking
the impact of the building.
PAGE 17
type of shrubbery or trees to soften
Mr. Hickok replied that was something they would/Ieave to the property owners to work out. It
was not a standard practice.
Councilmember Billings said if this item was proved, the structure could be place anywhere on
the lot as lona as lona as it met with the setb ks.
Mr. Hickok agreed.
MOTION by Councilmember Wolfe t approve Special Use Permit Request, SP #03-12, by
Jesse Collard, with the following stipu tions:
1. Staff shall conduct regularspections of the site. If at any time a trail simulating a
t driveway is present, a har surface driveway, as approved by the City, will need to be
installed within 90 days.
2. The petitioner shall obt n all necessary building permits prior to construction.
3. The structure shall no be used for a home occupation or living area.
4. All vehicles shall b stored on a hard surface as approved by the City.
5. Total square foo ge of all accessory structure must not exceed 1,400 square feet.
6. Garage shall a architecturally compatible with existing home and finished with
complement siding and color scheme.
7. Petitionerall remove storage shed in the rear yard of the property upon completion of
the propospd accessory structure.
Seconded by C�uncilmember Bolkcom.
UPON A V ICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARER THE
MOTION 47ARRIED UNANIMOUSLY.
Mayor Ladd asked Mr. Collard to try and get some shrubbery to lessen the impact.
Bolkcom stated she was sure City staff would have some ideas.
14. VARIANCE REQUEST, VAR #03-14, BY PARIDON COLSTROM, TO REDUCE
THE REAR YARD SETBACK ON A DOUBLE FRONTAGE LOT FROM 34
FEET TO 7 FEET TO RECOGNIZE AN EXISTING NON -CONFORMITY,
GENERALLY LOCATED AT 5750 MADISON STREET N.E. (WARD 1).
FRIDLEY CITY COUNCIL MEETLNG OF JULY 28, 2003 PAGEA18
Mr. Hickok, Community Development Director, stated the recognition of this non -conformity
would allow an existing shed in the rear yard to remain at its location. He staid the property -vas
zoned R-1, Single -Family residential, as were the surrounding properties. The home faced
Madison Street, and Jefferson Way bordered the property on the west side. Therefore, the
property was considered to have double frontage. The City Code required that properties with
frontages on both sides of their lot meet front yard setback requirements for garages and
accessory structures located in the rear yard. The petitioners are applying for a variance to
recognize the location of the existing shed located in their rear yard. The location of the
structure was 7 feet from the west property line instead of the required 34 feet determined by
setback averaging requirements. Setback averaging applies when the setback of the neighboring
home was greater than the minimum front setback. In that case, the setback of the new structure
can be 6 feet more or less of the average depth of the adjacent structures. The minimum setback
was 25 feet by Code. The subject property was 40 feet, and the adjacent garage on the north
itself was also 40 feet back. In other words all three were currently positioned 40 feet back.
When you added or subtracted 6 feet, the setback options were to go to 34 feet from the right-of-
way or to stay back 46 from the right-of-way. Based on the City Code requirements, the 34 foot
minimum setback was determined. The petitioner was seeking a variance to reduce the rear yard
from 34 feet to 7 feet.
Mr. Hickok stated City staff has heard comments from neighboring property owners who have
had concerns about parking on the grass in the rear yard and the lack of screening along
Jefferson. Staff has also heard from those neighboring property owners that the petitioner is
running a home occupation from his residence and shed. They stated there are electrical trucks
pulling up to the shed and load/unload materials at all times of the day. Staff added stipulations
to the variance request, which should alleviate the neighbors' concerns.
Mr. Hickok stated the Appeals Commission recommended denial of this variance request due to
neighboring concerns and lack of hardship. The Appeals Commission recommended that if the
variance was granted, Stipulation No. 2, the screening fence, be changed from 12 months to 6
months.
Mr. Hickok stated the petitioner's fence had an opening near the southern garage wall, and that
was where the neighbors saw trucks pulling in and parking where there was no hard surface. He
said this was a fairly recent structure. When the petitioner received the building permit to build
this in 2002, the survey did not show a street behind. Later inspection revealed that there was a
double frontage, and by then they had the slab poured and the structure basically up. Staff
recommended approval with five stipulations.
Councilmember Bolkcom asked how come they did not know the street was there.
Mr. Hickok said a number of different building permits come in and they have to use the
information provided on the survey. Most of the time it was correct. In this case it was not.
Councilmember Bolkcom stated she drove by petitioner's home and saw two vehicles parked
next to the garage. It was totally packed with stuff and there was more in the backyard. Her
concern was that it looked like a warehouse and that there was a home occupation going on.
FRIDLEY CITY COUNCIL MEETING OF JULY 28, 2003 PAGE 19
Mr. Paridon Colstrom, 5750 Madison Street NE, approached and stated when he moved to that
house there was no street behind him. The stipulations called for him to clean that stuff up. He
stated the reason Councilmember Bolkcom saw the two vehicles back there was he had coated
the front driveway with sealcoat and he did not want to park on it for 24 hours. He said he asked
the neighbors if they had any objections. A few were not home, a few did not speak English and
four said they had no objection.
Mayor Lund said he looked at it too. Historically Mr. Colstrom's home has had some code
violations, to the point where the City had to abate his property on two occasions. He said he
was reluctant to grant the request when there was a long history on that property which cost the
taxpayers a significant amount of money. The yard was not maintained very well. It looked like
he was using the back yard by the fence all the time for vehicles because there was very little
grass. He thought this needed to be addressed. He said he had received complaints from people
as far away as three blocks about the unsightliness of his home.
Mr. Colstrom stated he had been a procrastinator and he worked long hours. He has hired
neighbors who are not working to help.
Mayor Lund asked if he owned the business, Wire Rite Electric?
Mr. Colstrom said he and his son did.
Mayor Lund asked about any other domicile for his business other than his house.
Mr. Colstrom said he did. He said that generally they asked the supplier to deliver the items to
the job site.
Mayor Lund stated this brought to light other possible code violations and enforcement actions
with respect to running a home occupation or business out of a home. It was also a disturbance
to the residential neighborhood.
Mr. Colstrom said it was mentioned in the stipulations.
Mayor Lund said the shed had already been put up and there was not any improvement that he
could see.
Mr. Colstrom said it was because the City called and told them to stop construction. He pointed
out that he did put a new roof on the garage that matched the house and the roof on the shed
matched also.
Mayor Lund asked him if he replaced the garage door.
Mr. Colstrom replied there were two new garage doors one brown and one white. A wildlife
scene will be painted on the white door. He said the solar cell would probably be up and in use
before winter.
. i
FRLEY CITY COUNCIL MEETING OF JULY 28, 2003 PAGEA
ID20
Councilmember Bolkcom asked about the items stored there and whether it would all be going
away.
Mr. Colstrom said there was a bia television set there, an air compressor and air tanks, several
computers, several monitors, and fishing and camping equipment.
Councilmember Bolkcom stated there was stuff that looked like it was electrical.
Mr. Colstrom said there was some of that, too.
Councilmember Bolkcom asked him if there were any things in there that he used when he went
out and worked on a job site. She asked if people came to the house and delivered things.
Mr,. Colstrom„said they came to get their paychecks.
Councilmember Bolkcom asked Mr. Hickok about the stipulations.
Mr. Hickok stated stipulations were put on the variance request. This was a contract. If he did not
live by those conditions, the garage would go away and so would the other stuff on the property
and they would not be an issue for them anymore.
Mr. Daniel Babor, 5730 Jefferson Street N.E., said he. lived on the other side of Mr. Colstrom.
He submitted a letter recommending the variance not be granted. Not because of the shed itself,
but the use of the shed. Jefferson Street was really not a street. It was narrower than a street.
They have ten children in their house. They do foster care for the County of Anoka including
high risk/high needs foster children. They chose that street because it was the next best thing to a
cul de sac and there would not be as much traffic. Mr. Colstrom did run a home -operated
business. He did have two vehicles parked in the back often. He said he did not want his
residence to a be a business place. It was not designed for that and was not safe. He said the
variance should be granted and the stipulations enforced.
Councilmember Billings asked if other properties in Fridley had double frontages.
Mr. Hickok said there were.
Councilmember Billings asked if variances were granted.
Mr. Hickok said there were.
Councilmember Billings asked to what extent the variances were issued.
Mr. Hickok said they have come as close as 9 feet.
Councilmember Billings asked if a property with double frontages was a normal property in the
City of Fridley. The Planning Commission did mention that there was no hardship.
1
FRIDLEY CITY COUNCIL MEETING OF JULY 28, 2003 PAGE 21
Mr. Knaak said he could not speak on how common of an occurrence it was, but hardship had to
relate to the actual configuration of the property. If there was something about the way the
property was configured that made it necessary to do, that was a hardship.
Councilmember Billings asked if it was possible that because it had double frontages that
qualified as a hardship under state lay.
Mr. Knaak said that was possible. He said they needed to understand that in making that
decision, similar hardships would have to be treated the same.
Councilmember Billings asked if they had an obligation to approve this request, if they had
approved similar requests in the past.
Mr. Knaak replied the closer it was to the circumstances the greater the requirement that they
would have to approve it.
Mayor Lund stated they have been granted in the past on double frontages, but he thought there
should be an exception in this case because of the condition of the property in general and the
past history.
Councilmember Bolkcom said they could hold the petitioner to the stipulations and if they were
not upheld, he would have to take the shed down.
Mr. Knaak said the City could enforce it, but it would not be free. There would be costs
involved. It would be discretionary, but the City would have the authority to do it.
Dr. Burns asked if the costs could be assigned to the property.
Mr. Knaak said they could.
Councilmember Bolkcom asked Mr. Knaak whether it was a hardship that the City did not
realize there was not a double front footage there when they approved the shed.
Mr. Knaak said there was a hardship if they found one.
MOTION by Councilmember Billings to approve Variance Request, VAR #03-14, with the
following five stipulations:
1. The existing shed shall not be used as living area or a home occupation.
2. The gap in the screening fence along Jefferson Street shall be filled in using a matching
board -on -board fencing material consistent with the existing fence within 6 months of
approval of this variance request.
3. No parking shall occur off Jefferson Street unless a hard surface driveway and parking
area is first installed.
FRIDLEY CITY COLNCIL MEETLNG OF JUL V 23, 2003 PAGE 22'
�. Total square footage oC ail accessory structures shall not exceed 1.400 square feet.
The storage pod. cabinet and an;: other misc,-lianeous outdoor Stora<_e items shall be
rec .d within 30 dais oCapproval of this variance request.
Seconded by Councilmember Bolkeom.
UPON A VOICE `"OTE, ALL VOTING AYE, MAYOR LL'ND DELCARED THE
MOTION CARRIED UNANIMOUSLY.
15. RESOLU'T'ION DECLAMNG THE NECESSITY TO LEVY A TAX WHICH IS IN
EXCESS OF THE I. FLATIO. ARY INDEX FOR TAX LEVY REQUIREMENTS
FOR 2004 TO THE COUNYI
OF ANOKA FOR COLLECTION.
LIr. Richard Pribyl, Finance Director, tal
levy an increase beyond the inflationary If
would be to bring a question of additiona
for the Springbrook Nature Center. The 1
need outlined in the resolution was becau.,
and beyond. The total reduction in state
;d the resolution would allow the process to begin to
lex provided for in the City Charter. The intent of this
levy to the ballot this fall related to the programming
st step in the process would be to define need. The
the state the
cut the City's state aid for 2003
ai for 2001 as measured from the certified amount
from 2003 will be $1.103,605. Dramatic bud\admi
duction measures were required to provide a
draft budget for 2004 and one was to eliminnaturalist programming at the Springbrook
Nature Center. It appeared from public opiniothe City has received thus far that a number
of people would like to see the City levy theonal $275,000 in taxes that it would take to
support the programming, maintenance, and istration of the naturalist proQramminQ. In
order to provide for the possibility of levying the
charter -imposed limit on property taxes, they were p
the necessity to levy the tax for the sole purpose of st
resolution did not commit the City to the levy but sta
resolution is passed, a public hearing notice would be
would then be held on August 25. The truth in t,
preliminary tax levy resolution and certify it to the c
anal $275.000 which will exceed the
sting the attached resolution declaring
-ting the naturalist programming. The
the process required by charter. If the
ished three times. The public hearing
kn process required that they pass a
allow the preliminary resolution to include the $275,000.
election, they would pass the final budget resolution levying
Councilmember Barnette said stated the City Council met 'wi
Foundation and agreed that the supporters of the Spring
signatures on a petition and this would be placed on the
understanding that that was not possible and asked why.
to September 15. This would
the levy question failed in the
s without the $275,000.
Springbrook Nature Center
Nature Center would get
in November. It was his
Mr. Pribyl said as far as an initiative being done via the petitioner, the my thing that they could
do was modify the charter. They cannot force a question to the ballot re ated to a tax levy. Only
the City Council has the ability to do that in relation to the current charter anguage.
Rec�CP3 I �?�/ZZ
1321T a 2®®3 /
Doc. Order
t of I
Recordability
Filing Fees
$
Well Cert Redd
❑ Tax Uen/Release
❑ Transfer
❑ Division
❑ Status
❑ New legal Description
❑ GAC
❑ Deferred Specials
Ei—Wo Change
❑ Certified Copy/
❑ Non-standard Document
❑ From Certffcate /Z l 149—# New Certificates �^
ERK 266
i
DOCUMENT NO. 443495.0 TORRENS
ANOKA COUNTY MINNESOTA
I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS FILED IN THIS OFFICE
FOR RECORD ON SEP 04 2003
AT 4:27 pM AND WAS DULY RECORDED.
FEES AND TAXES IN THE AMOUNT OF $20.00 PAID.
2003142122
RECEIPT NO.
MAUREEN J. DEVINE
ANOKA COUNTY PROPERTY TAX ADMINIS7RATOR/RECORDERIREGIS7R4R OF TITLES
GKE
BY
DEPUTYPROPERTYTAXADMINISTRATOR/RECORDER/REGISTRAR OF TITLES
CIlYOF
FRIDLEY
FRIDLEY LiUNICIPAL CENTER • 6431 liNIVERSITY AVE. N.E. FRIDLEY. MN 55-132 • (763) 571-3150 • FAY (763) 571-1287
CITY COUNCIL
ACTION TAKEN NOTICE
August 7, 2003
Paridon Colstrom
5750 Madison Street NE
Fridley, MN 55432
Dear Mr. Colstrom:
On July 28, 2003, the Fridley City Council officially approved your request for variance,
VAR #03-14, to reduce the rear yard setback on a double frontage lot from 34 feet to 7
feet to recognize an existing nonconformity on Lot 13, Block 8, Donnay's Lakeview
Addition, generally located at 5750 Madison Street NE, with the following stipulations:
1. The existing shed shall not be used as living area or a home occupation.
2. The gap in the screening fence along Jefferson Street shall be filled in using a
matching board -on -board fencing material consistent with the existing fence
within 6 months of approval of this variance request.
3. No parking shall occur off Jefferson Street, unless a hard surface driveway and
parking area is first installed.
4. Total square footage of all accessory structures shall not exceed 1,400 square
feet.
5. The storage pod, cabinet, and any other miscellaneous outdoor storage items
shall be removed within 30 days of approval of this variance request.
If you have any questions regarding the above action, please call me at 572-3599.
Sincer ,
Paul Bolin
Planning Coordinator
Please review the City Council action, sign below, and return the original to the City of
Fridley Planning Department by August 21, 2003.
Concur with action taken
w a
fMLEY CITY COUNCIL MEETING OF JULY 28, 2003 PAGE 17
Mr. Zerby asked if there N; s a possibility of asking for any type of shrubbery or trees to soften
the impact of the building. \
Mr. Hickok replied that was kinething they would leave to the property owners to work out. It
was not a standard practice.
Councilmember Billings said if s item was approved, the structure could be place anywhere on
the lot as long as long as it met w th the setbacks.
Mr. Hickok agreed.
MOTION by Councilmember W
Jesse Collard, with the following
1. Staff shall conduct regular
driveway is present, a hard
installed within 90 days.
2.
4.
5.
6.
7.
The petitioner shall obtain all
to approve Special Use Permit Request, SP #03-12, by
ions of the site. If at any time a trail simulating a
driveway, as approved by the City, will need to be
The structure shall not be used for a
All vehicles shall be stored on a hard
Total square footage of all accessory
building permits prior to construction.
occupation or living area.
Garage shall be architecturally compati
complementary siding and color scheme.
Petitioner shall remove storage shed in the
the proposed accessory structure.
Seconded by Councilmember Bolkcom.
as approved by the City.
must not exceed 1,400 square feet.
UPON A VOICE VOTE, ALL VOTING AYE,
MOTION CARRIED UNANIMOUSLY.
Mayor Lund asked Mr. Collard to try and get some
with existing home and finished with
yard of the property upon completion of
.YOR LUND DECLARED THE
to lessen the impact.
Councilmember Bolkcom stated she was sure City staff would'have some ideas.
14. VARIANCE REQUEST, VAR #03-14, BY PARIDON COLSTROM, TO REDUCE
THE REAR YARD SETBACK ON A DOUBLE FRONTAGE LOT FROM 34
FEET TO 7 FEET TO RECOGNIZE AN EXISTING NON -CONFORMITY
GENERALLY LOCATED AT 5750 MADISON STREET N.E. (WARD 1).
6
FRIDLEY CITY COUNCIL MEETING OF JULY 28, 2003 PAGE 18
Mr. Hickok. Community Development Director, stated the recognition of this non -conformity
would allow an existing shed in the rear yard to remain at its location. He staid the property was
zoned R-1, Single -Family residential, as were the surrounding properties. The home faced
Madison Street, and Jefferson Way bordered the property on the west side. Therefore, the
property was considered to have double frontage. The City Code required that properties with
frontages on both sides of their lot meet front yard setback requirements for garages and
accessory structures located in the rear yard. The petitioners are applying for a variance to
recognize the location of the existing shed located in their rear yard. The location of the
structure was 7 feet from the west property line instead of the required 34 feet determined by
setback averaging requirements. Setback averaging applies when the setback of the neighboring
home was greater than the minimum front setback. In that case, the setback of the new structure
can be 6 feet more or less of the average depth of the adjacent structures. The minimum setback
was 25 feet by Code. The subject property was 40 feet, and the adjacent garage on the north
itself was also 40 feet back. In other words all three were currently positioned 40 feet back.
When you added or subtracted 6 feet, the setback options were to go to 34 feet from the right-of-
way or to stay back 46 from the right-of-way. Based on the City Code requirements, the 34 foot
minimum setback was determined. The petitioner was seeking a variance to reduce the rear yard
from 34 feet to 7 feet.
Mr. Hickok stated City staff has heard comments from neighboring property owners who have
had concerns about parking on the grass in the rear yard and the lack of screening along
Jefferson. Staff has also heard from those neighboring property owners that the petitioner is
running a home occupation from his residence and shed. They stated there are electrical trucks
pulling up to the shed and load/unload materials at all times of the day. Staff added stipulations
to the variance request, which should alleviate the neighbors' concerns.
Mr. Hickok stated the Appeals Commission recommended denial of this variance request due to
neighboring concerns and lack of hardship. The Appeals Commission recommended that if the
variance was granted, Stipulation No. 2, the screening fence, be changed from 12 months to 6
months.
Mr. Hickok stated the petitioner's fence had an opening near the southern garage wall, and that
was where the neighbors saw trucks pulling in and parking where there was no hard surface. He
said this was a fairly recent structure. When the petitioner received the building permit to build
this in 2002, the survey did not show a street behind. Later inspection revealed that there was a
double frontage, and by then they had the slab poured and the structure basically up. Staff
recommended approval with five stipulations.
Councilmember Bolkcom asked how come they did not know the street was there.
Mr. Hickok said a number of different building permits come in and they have to use the
information provided on the survey. Most of the time it was correct. In this case it was not.
Councilmember Bolkcom stated she drove by petitioner's home and saw two vehicles parked
next to the garage. It was totally packed with stuff and there was more in the backyard. Her
concern was that it looked like a warehouse and that there was a home occupation going on.
! t
}
FRIDLEY CITY COUNCIL MEETING OF JULY 28, 2003 PAGE 19
Mr. Paridon Colstrom, 5750 Madison Street NE, approached and stated when he moved to that
house there was no street behind him. The stipulations called for him to clean that stuff up. He
stated the reason Councilmember Bolkcom saw the two vehicles back there was he had coated
the front driveway with sealcoat and he did not want to park on it for 24 hours. He said he asked
the neighbors if they had any objections. A few were not home, a few did not speak English and
four said they had no objection.
Mayor Lund said he looked at it too. Historically Mr. Colstrom's home has had some code
violations, to the point where the City had to abate his property on two occasions. He said he
was reluctant to grant the request when there was a long history on that property which cost the
taxpayers a significant amount of money. The yard was not maintained very well. It looked like
he was using the back yard by the fence all the time for vehicles because there was very little
grass. He thought this needed to be addressed. He said he had received complaints from people
as far away as three blocks about the unsightliness of his home.
Mr. Colstrom stated he had been a procrastinator and he worked long hours. He has hired
neighbors who are not working to help.
Mayor Lund asked if he owned the business, Wire Rite Electric?
Mr. Colstrom said he and his son did.
Mayor Lund asked about any other domicile for his business other than his house.
Mr. Colstrom said he did. He said that generally they asked the supplier to deliver the items to
the job site.
Mayor Lund stated this brought to light other possible code violations and enforcement actions
with respect to running a home occupation or business out of a home. It was also a disturbance
to the residential neighborhood.
Mr. Colstrom said it was mentioned in the stipulations.
Mayor Lund said the shed had already been put up and there was not any improvement that he
could see.
Mr. Colstrom said it was because the City called and told them to stop construction. He pointed
out that he did put a new roof on the garage that matched the house and the roof on the shed
matched also.
Mayor Lund asked him if he replaced the garage door.
Mr. Colstrom replied there were two new garage doors one brown and one white. A wildlife
scene will be painted on the white door. He said the solar cell would probably be up and in use
before winter.
t
FRIDLEY CITY COUNCIL N FETING OF JULY 28, 2003 PAGE 20
f
Councilmember Bolkcom asked about the items stored there and whether it would all be going
away.
Mr. Colstrom said there was a big television set there, an air compressor and air tanks, several
computers, several monitors, and fishing and camping equipment.
Councilmember Bolkcom stated there was stuff that looked like it was electrical.
Mr. Colstrom said there was some of that, too.
Councilmember Bolkcom asked him if there were any things in there that he used when he went
out and worked on a job site. She asked if people came to the house and delivered things.
Mr. Colstrom said they came to get their paychecks.
Councilmember Bolkcom asked Mr. Hickok about the stipulations.
Mr. Hickok stated stipulations were put on the variance request. This was a contract. If he did not
live by those conditions, the garage would go away and so would the other stuff on the property
and they would not be an issue for them anymore.
Mr. Daniel Babor, 5730 Jefferson Street N.E., said he lived on the other side of Mr. Colstrom.
He submitted a letter recommending the variance not be granted. Not because of the shed itself,
but the use of the shed. Jefferson Street was really not a street. It was narrower than a street.
They have ten children in their house. They do foster care for the County of Anoka including
high risk/high needs foster children. They chose that street because it was the next best thing to a
cul de sac and there would not be as much traffic. Mr. Colstrom did run a home -operated
business. He did have two vehicles parked in the back often. He said he did not want his
residence to a be a business place. It was not designed for that and was not safe. He said the
variance should be granted and the stipulations enforced.
Councilmember Billings asked if other properties in Fridley had double frontages.
Mr. Hickok said there were.
Councilmember Billings asked if variances were granted.
Mr. Hickok said there were.
Councilmember Billings asked to what extent the variances were issued.
Mr. Hickok said they have come as close as 9 feet.
Councilmember Billings asked if a property with double frontages was a normal property in the
City of Fridley. The Planning Commission did mention that there was no hardship.
• "LEY CITY COUNCIL MEETING OF JULY 28, 2003 PAGE 21
Mr. Knaak said he could not speak on how common of an occurrence it was, but hardship had to
relate to the actual configuration of the property. If there was something about the way the
property was configured that made it necessary to do, that was a hardship.
Councilmember Billings asked if it was possible that because it had double frontages that
qualified as a hardship under state law.
Mr. Knaak said that was possible. He said they needed to understand that in making that
decision, similar hardships would have to be treated the same.
Councilmember Billings asked if they had an obligation to approve this request, if they had
approved similar requests in the past.
Mr. Knaak replied the closer it was to the circumstances the greater the requirement that they
would have to approve it.
Mayor Lund stated they have been granted in the past on double frontages, but he thought there
should be an exception in this case because of the condition of the property in general and the
past history.
Councilmember Bolkcom said they could hold the petitioner to the stipulations and if they were
not upheld, he would have to take the shed down.
Mr. Knaak said the City could enforce it, but it would not be free. There would be costs
involved. It would be discretionary, but the City would have the authority to do it.
Dr. Burns asked if the costs could be assigned to the property.
Mr. Knaak said they could.
Councilmember Bolkcom asked Mr. Knaak whether it was a hardship that the City did not
realize there was not a double front footage there when they approved the shed.
Mr. Knaak said there was a hardship if they found one.
MOTION by Councilmember Billings to approve Variance Request, VAR #03-14, with the
following five stipulations:
1. The existing shed shall not be used as living area or a home occupation.
2. The gap in the screening fence along Jefferson Street shall be filled in using a matching
board -on -board fencing material consistent with the existing fence within 6 months of
approval of this variance request.
3. No parking shall occur off Jefferson Street unless a hard surface driveway and parking
area is first installed.
t
T
FRIDLEY CITY COLNCIL MEETLYG OF JULY 23, 2003 PAGE 22 ;
-1. Total square footage of ail accessory structures shall not exceed 1.400 square feet.
The storage pod, cabinet and any other miscellaneous outdoor storm=e items shall be
ren"o" ed within 30 days of approval of this variance request.
Seconded by Councilmember Bolkcom.
UPON A VOICE `'OTE, ALL VOTING AYE, MAYOR LUND DELCARED THE
MOTION CARRIED U`AMNIOUSLY.
15. RESOLUTION DECLARING THE NECESSITY TO LE`A' A TAX `VHICH IS IN
EXCESS OF THE INFLATIONARY INDEX FOR TAX LEVY REQUIREiyIENTS
FOR 2004 TO THE COUNTY OF ANOIL-k FOR COLLECTION.
vlr. Richard Pribyl, Finance Director, stated the resolution would allow the process to begin to
levy an increase beyond the inflationary index provided for in the City Charter. The intent of this
would be to bring a question of additional levy to the ballot this fall related to the programming
for the Springbrook Nature Center. The first step in the process would be to define need. The
need outlined in the resolution was because the state legislature cut the City's state aid for 2003
and beyond. The total reduction in state aid for 2001 as measured from the certified amount
from 2003 will be $1.103,605. Dramatic budget reduction measures were required to provide a
draft bud_et for 2001 and one was to eliminate the naturalist programming at the Springbrook
Nature Center. It appeared from public opinion that the City has received thus far that a number
of people would like to see the City levy the additional $275,000 in taxes that it would take to
support the programming, maintenance, and administration of the naturalist programming. In
order to provide for the possibility of levying the additional $275,000 which will exceed the
charter -imposed limit on property taxes, they were presenting the attached resolution declaring
the necessity to levy the tax for the sole purpose of supporting the naturalist programming. The
resolution did not commit the City to the levy but started the process required by charter. If the
resolution is passed, a public hearing notice would be published three times. Thepublic hearing
would then be held on August 25. The truth in taxation process required that they pass a
preliminary tax levy resolution and certify it to the county prior to September 15. This would
allow the preliminary resolution to include the $275,000. If the levy question failed in the
election, they would pass the final budget resolution levying taxes without the $275,000.
Councilmember Barnette said stated the City Council met with the Springbrook Nature Center
Foundation and agreed that the supporters of the Springbrook Nature Center would get
siCP
gnatures on a petition and this would be placed on the ballot in November. It was his
understanding that that was not possible and asked why.
Mr. Pribyl said as far as an initiative being done via the petitioner, the only thing that they could
do was modify the charter. They cannot force a question to the ballot related to a tar levy. Only
the City Council has the ability to do that in relation to the current charter language.
FRIDLEY CITY COUNCIL MEETING OF JULY 28, 2003 PAGE 23
Councilmember Barnette stated if it went to a referendum and 51 percent of the people voted in
favor of the referendum, it would then appear as a line item on residents' property tax statements
together with a dollar amount based on the value of the property.
Mr. Pribyl stated they had not actually gone through the mechanics, but he thought it would just
be an additional amount they would place on the City levy. It would just be added to the amount
that they would be levying. He did not think it would be a separate line item. He said he was in
the process of checking with the County.
Councilmember Barnette asked how they would earmark it for the Springbrook Nature Center.
Mr. Pribvl stated that was what they were checking on. He apologized for not having a clear
answer, but it would be the first time they have dealt with a market value referendum on a city
level.
Councilmember Wolfe asked if the City could also initiate another tax to get a new fire truck.
Mr. Pribyl said we could take it to the voters.
Councilmember Wolfe stated that could be done on everything the City needs, even though the
City Charter said we could only do so much.
Mr. Pribyl said you could take the capital items such as fire trucks and Public Works equipment
to a ballot.
Councilmember Bolkcom said when they talked to the Foundation, they talked about actually
going out and doing a petition. She asked why that was not happening.
Mr. Pribyl said state law created the ability to create the city charter. The city charter then
actually stipulated referendum and recall. In referendum, it only allows the charter commission
to initiate changes to the city charter.
Mr. Knaak agreed.
Councilmember Wolfe stated he was under the impression that this could not go on the ballot
until the Foundation had signatures of 15 percent of the registered voters.
Councilmember Billings stated it was his understanding when they left the meeting there would
be a two -fold effort. The Springbrook Foundation would in fact start the initiative process which
they have now been told was not a viable process but at the same time that the City would start
this process. At this point in time, even though they had been having lengthy discussion, the
only action before the City Council was to determine there was a need to possibly do this and to
schedule a public hearing on August 25 to answer all the questions.
Ms. Nancy Jorgenson, 5730 Polk Street N.E., Vice Chair of the Charter Commission, said that
after the meeting she check the Charter to see if the citizens had the right to actually start a levy
referendum and she found that Chapter 5 did not allow them to do that. She confirmed that with
FRIDLEY CITY COUNCIL MEETING OF JULY 28, 2003 PAGE 24
Deb Skogen, the City Clerk. They also had legal counsel who told them the same thing. The
Springbrook Nature Center Foundation Board was still going to be petitioning the people of
Fridley to support the City Council on this levy referendum and other possible referendums that
might come up.
Councilmember Wolfe asked if the person doing the petition had to be a Fridley resident.
Ms. Jorgenson replied if they were going to propose an amendment to the city charter or propose
a new ordinance to the City Council, yes, the person circulating the petition would need to be a
Fridley resident.
Councilmember Wolfe stated but it did not affect it if they wanted to raise new taxes.
Ms. Jorgenson replied, no, because they were just going to gather community support to assist in
the process.
Councilmember Bolkcom said that the money used for bumper stickers and signs did not come
out of the City budget. It was actually from donations they are received.
Ms. Jorgenson agreed and explained how they raised the money and what it was used for.
Dr. Burns asked about the $56,000 raised by the Nature Center.
Ms. Jorgenson stated it was coming in through the programs and some of the work the
Foundation was doing.
Councilmember Billings asked if that would show up recreation fees.
Mr. Pribyl said it would.
Councilmember Billings stated the $56,000 the Nature Center was contributing to the City was
actually the recreation fees that the parents are paying to the City of Fridley for certain programs,
just as they pay fees for summer camp and after school activities and such. He said the $56,000
did not reduce the amount paid by every household to operate Springbrook Nature Center. The
Nature Center was funded by state aid received by the City.
Mr. Lenny Brandt, 190 Craigbrook Way, stated he has heard many misleading statements from
the supporters of the Nature Center. He said it seemed to him that there were just as many people
from outside the City who wanted to keep the Nature Center but did not want to fund it. They
wanted to use the park for free.
Ms. Jean Rosebrock, 5610 West Bavarian Pass, approached and stated she lived in Fridley for 17
years. In the 1950's she belonged to the League of Women Voters and she had to go to Council
meetings. She also represented the League at the Metro Council. Her forte was transportation.
It had taken a long time to get transportation. She said they had a jewel here. This park could
not be put back if something was put in place of it.
• FRIDLEY CITY COUNCIL MEETING OF JULY 28, 2003
PAGE 25
Ms. Jorgenson said if they started to charge fees, it would also have to be put on as a referendum
issue according to the Charter amendment to Chapter 7. If they were going to issue any new
fees, it had to be approved by the voters.
Mr. Brandt said the park was not going to close. It was going to be a park, just like any park in
Fridley. It would be a nature parka
MOTION by Councilmember Billings to adopt Resolution No. 33-2003. Seconded by
Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
MOTION by Councilmember Billings to receive the Policy Position from the Twin Cities North
Chamber of Commerce. Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
16. INFORMAL STATUS REPORTS.
Mayor Lund he would be presenting a State of the City address on August 21, at 7 p.m., at the
Fridley Senior High School auditorium.
Mayor Lund said there would be a second 911 tribute on September 11, at 8:00 p.m. at the
Fridley High School football stadium.
MOTION by Councilmember Barnette to adjourn the meeting. Seconded by Councilmember
Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE JULY
28, 2003, CITY COUNCIL MEETING ADJOURNED AT 11:05 P.M.
Respectfully submitted,
Denise M. Letendre Scott J. Lund
Recording Secretary Mayor
CITY OF FRIDLEY
APPEALS COMMISSION MEETING
JULY 9, 2003
CALL TO ORDER:
Chairperson Kuechle called the July 9, 2003, Appeals Commission meeting to order at 7:29
p.m.
ROLL CALL:
Members Present: Larry Kuechle, Sue Jackson, Ken Vos
Members Absent: Blaine Jones, Gary Zinter
Others Present: Stacy Stromberg, Planner
Peridon Colstrom, 5750 Madison Street
Daniel & Paula Babor, 5730 Jefferson Street NE
Leona & Vicky Thompson, 5760 Madison Street NE
Lowell & Grace Norton, 630 58th Avenue NE
Gordon Johnson, 611 58�h Avenue NE
APPROVE THE MAY 14 2003. APPEALS COMMISSION MEETING_ MINUTES:
MOTION BY Ms. Jackson, seconded by Dr. Vos, to approve the minutes as written.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE
MOTION CARRIED UNANIMOUSLY.
1. PUBLIC HEARING: VARIANCE REQUEST, VAR #03-14, BY PARIDON COLSTROM:
Per Section 205.07.03.d.(4).((b)) of the Fridley Zoning Code, to reduce the rear yard
setback on a double frontage lot from 34 feet to 7 feet to recognize an existing
nonconformity on Lot 13, Block 8, Donnay's Lakeview Addition, generally located at
5750 Madison Street NE
MOTION by Dr. Vos, seconded by Ms. Jackson, to open the public hearing.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 7:31 P.M.
Ms. Stromberg stated the petitioner, Peridon Colstrom, is requesting a variance to reduce the
rear yard setback of a double frontage lot from 34 feet to 7 feet to recognize an existing
nonconformity at his residence at 5750 Madison Street. The recognition of this nonconformity
will allow the existing shed in the rear yard to remain in its existing location.
Ms. Stromberg stated the petitioner's Summary of Hardship states: "In order to maintain better
relations with my good neighbors and the City, I, Perry Colstrom, at the above address of 5750
Madison Street, request a variance for a storage building to keep my property presentable and
free of lawn mower, snow blower, etc."
Ms. Stromberg stated the property is zoned R-1, single family, as are all surrounding properties.
The home faces and is squared up to Madison Street. Jefferson Street borders the property on
APPEALS COMMISSION MEETING, JULY 9, 2003 PAGE 2
the west side; therefore, this property is considered to have a double frontage. City Code
requires that properties with frontages on both sides of their lots meet front yard setback
requirements for garages and accessory structures located in their rear yards. Therefore, the
petitioner is applying for a variance to recognize the location of the existing shed that is located
in the rear yard. The location of the structure is 7 feet from the west property line instead of the
required 34 feet which is determined by setback averaging requirements. Setback averaging
requirements apply when a setback of neighboring homes is greater than the minimum front
yard setback. Any setback of the new structure can be six (6) feet more of less of the average
depth of the adjacent structures. The minimum setback is 25 feet. The subject property is
setback at 40 feet and the adjacent garages to the north and south are both setback at 40 feet.
When you add or minus 6 feet, the setback options are 34, 46, and any measurement in
between. Based on the Code requirements, the setback of 34 feet is determined. Therefore,
the petitioner is seeking a variance to reduce the rear yard setback on a double frontage lot
from 34 feet to 7 feet to recognize an existing nonconformity.
Ms. Stromberg stated neighboring property owners have concerns about parking on the grass in
the rear yard and the lack of screening along Jefferson Street. Staff has also heard from these
neighboring property owners that the petitioner is running a home occupation out of his
residence and the shed. They stated that electrical trucks pull up to the shed to load and unload
materials at all times of the day. Staff has added stipulations to this variance request which
should alleviate the neighbors' concerns. City staff recommends approval of this request with
stipulations as this variance recognizes an existing nonconformity. If the variance is granted,
staff recommends the following stipulations be attached:
1. The existing shed shall not be used as living area or a home occupation.
2. The gap in the screening fence along Jefferson Street shall be filled in using a
matching board -on -board fencing material consistent with the existing fence
within 12 months of approval of this variance request.
3. No parking shall occur off Jefferson Street unless a hard surface driveway and
parking area is first installed.
4. Total square footage of all accessory structures shall not exceed 1,400 square
feet.
5. The storage pod, cabinet and any other miscellaneous outdoor storage items
shall be removed within 30 days of approval of this variance request.
Mr. Kuechle asked if staff knew anything about the history of the shed as far as dates are
concerned.
Ms. Stromberg stated a building permit for the shed was issued in 2002. The building permit
was issued in error.
Dr. Vos asked the square footage of the shed.
Ms. Stromberg stated the shed is 240 square feet; therefore, it did not require a special use
permit. A special use permit is required for any structures over 240 square feet.
Dr. Vos stated that in order for the shed to be in compliance without a variance, it would have to
be 34 feet from the back property line and that would be approximately where the garage is
located.
Ms. Stromberg stated the garage is 40 feet from the rear lot line.
Dr. Vos stated he didn't believe there are any large trees where the shed is located and at 34
feet where the shed should be located.
APPEALS COMMISSION MEETING, JULY 9, 2003 PAGE 3
Ms. Stromberg replied that is correct.
The petitioner, Mr. Peridon Colstrom, asked if the people who object to the variance would voice
their concerns first so he could get feedback and then perhaps speak after that. He had the
slab for the shed poured in 1998. The man who poured the concrete went to the City to find out
how far it had to be from the rear property line. No one really knew what the setback was. He
had pulled a building permit in 1998, but because of insufficient funds to start the construction,
that permit expired. He took out a second permit in 2002 at which time he finished the shed.
Ms. Jackson asked him if he had any comments on the stipulations.
Mr. Colstrom stated he agreed with the stipulations. He does plan to finish the fence.
Ms. Jackson asked him about the first stipulation that the shed cannot be used as part of a
home occupation.
Mr. Colstrom stated he is not sure of the definition of a home occupation. He is self-employed.
He owns a business, and his office is at his house and the State of Minnesota has his house
listed as his office. He also has storage units on 49h Avenue North and at Minnekanda Storage
for storing materials.
Ms. Jackson asked if the shed is used for property related to his home or business.
Mr. Colstrom stated it is a little bit of both.
Ms. Jackson asked him whether he understood that the shed cannot be used for business
property.
Mr. Colstrom asked if he could use it for his hobby.
Mr. Kuechle stated that they have not heard from the neighbors yet, but in discussions with City
staff, the neighbors' concerns center around the traffic and the shed being used as part of a
business. He did not think the Appeals Commission or City staff want to come down hard on
people who have an occasional use, but from what they are hearing, this is probably on the
other side of occasional use and they need to be concerned about that.
Mr. Daniel Babor, 5730 Jefferson Street NE, read a letter that he and his wife, Paula, had
submitted:
"We oppose the approval of the applicant's request for variance. These three
structures, the newly -erected storage shed and the approximate 1,000 cubic foot
conex container and the garage are apparently used to support the commercial
activity known as Wire Rite Electric. In addition to the two storage facilities, there
are numerous large pallets and miscellaneous items populating the backyard; all
of which detract from the neighborhood's appearance and support the
summation the residential property has been and is currently being used for
commercial application and activities. Any persons can make these observations
because the majority of the fence previously providing a boundary between the
rear of the property and Jefferson Street has been removed (and has been
removed for considerable period of time). Since the removal of the portion of the
fence line vehicles use this makeshift way to utilize the property and the storage
facilities to further facilitate and support the commercial activity in our residential
community. The portion of Jefferson Street that runs along the rear of the
APPEALS COMMISSION MEETING, JULY 9, 2003 PAGE 4 .
applicant's property is narrower than most normal residential streets and not
adequate nor designed to support a commercial enterprise. The growing use of
the unpaved ungated, and I believe, unapproved access way to the rear of the
property is of a growing public and vehicular safety and zoning concern. Though
we can suppose the disapproval of the applicant's request for variance may
cause a business imposition and have negative financial impact, we vote to keep
our neighborhood as a residential community for the heath, safety, and
enjoyment of our family and not to condone or support its commercialization.
Mr. Babor stated when they moved into the house about five years ago, the petitioner had
already had the slab poured and it was newly poured. They didn't notice various issues that
had to do with the property, but the increase in regularity of vehicles, especially on Jefferson
Street, is a big concern to them. Their house looks directly into the back of Mr. Colstrom's
house. The shed is a good thing. The yard did get better picked up but there are still quite a few
commercial products in the yard. The rear yard is used as a driveway loading area which is
unpaved and ungated. They do realize that if the variance is not approved, it will be an
imposition to Mr. Colstrom, but they do not want the variance approved.
Mr. Kuechle asked Mr. Babor about the stipulations.
Mr. Babor stated his issue is not the stipulations. It is the enforcement.
Ms. Leona Thompson, 5760 Madison Street NE, stated she lives right next door to Mr.
Colstrom. About 10 years ago, her late husband wanted to put an extension on their garage
and they could not get it because of the street (Jefferson) in the back. She was told by City staff
just about a week ago that according to Mr. Colstrom's survey, the City did not know that
Jefferson was a street. Yet, she was told ten years ago that they couldn't extend their garage.
Why was she told her yard was a double frontage lot, and the City told her that his yard was
not? She wanted to do the extension and was told it had to be 39 feet and she could go down
to 25 feet, and now she is being told it can't go down to 25 feet. As far as the shed, she has no
complaints against the shed itself, but is she going to be able to put an extension onto her
garage?
Mr. Kuechle stated the purpose of the Appeals Commission is to address these kinds of issues.
Double frontage lots are really unique situations because he believed most people living on
double frontage lots, unless they have actually been made aware of this particular zoning
ordinance, think that they have a front yard and a back yard and the back yard just happens to
have a street next to it. However, from time to time, the zoning laws change so what may have
been the case when Ms. Thompson made her request may have changed. For example, he
doesn't know exactly what changes have been made in the double fronted lot, but the setback
for single -fronted lots was changed not too long ago. If Ms. Thompson wants to add onto her
garage, she should request a variance. He could not say exactly without looking at her situation
if she would get it or not, but the purpose of this Commission and City Council is to address
those issues which present a hardship. People with double frontage lots do have a hardship.
Ms. Paula Babor, 5750 Jefferson Street NE, stated the stipulations are okay if the stipulations
are enforced. However, she believes the 12 months for the replacement of the fence is too long.
Mr. Kuechle agreed and stated he would propose that stipulation be changed to probably six
months.
Mr. Colstrom stated the neighbors all have valid concerns, and he wants to accommodate them.
He plans on finishing and painting the fence. There is no reason he can't have that fence
completed within six months. As far as the traffic, his employees like to stop by and get their
.IF
APPEALS COMMISSION MEETING, JULY 9, 2003 PAGE 5
paychecks and they do pick up materials and stuff like that. A lot of times he will buy something
special for a job, and when they show up, he gives it to them, rather than having them wait at
the city desk or wait to fill the order.
Ms. Jackson asked if Mr. Colstrom filled in that fence, would there still be a driveway and
parking area?
Mr. Colstrom replied he would put a gate on it. Originally he had set it up for a 12 -foot wide
gate, but he doesn't think he would go that wide. He had to cut part of the fence down so they
could put that storage pod back there while they were redoing the garage, and that pod will
probably be out of there within a week.
Ms. Jackson asked if Mr. Colstrom understands that he needs a hard surface driveway and
parking area.
Mr. Colstrom replied City staff explained that to him. As far a the wood and pallets in the back
yard, they are being used to make a deck and pond as a place to relax. It will look real nice.
Dr. Vos asked about the high roof line in the shed.
Mr. Colstrom replied originally when he reroofed the garage, he talked the Building Inspector as
he was thinking of putting a storage unit on top of the garage for room to do his hobbies. The
Building Inspector explained the height requirements for the garage. Because his garage has a
high concrete base on the back and low on the front, you take the average which is 14 feet. He
asked if he could build his storage unit that high and was told he could. Now he has more
storage.
Mr. Kuechle asked if there have been a lot of code calls to this property.
Ms. Stromberg stated they have had a lot of code enforcement issues with the property and
have done two abatements over the last five years.
Ms. Jackson asked the definition of "abatement."
Ms. Stromberg explained that it is when the City hires a contractor to get rid of outdoor storage
materials in order to bring the property into compliance with the zoning code. The property
owner is billed for the work.
MOTION by Dr. Vos, seconded by Ms. Jackson, to close the public hearing.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:57 P.M.
Ms. Jackson stated this is a difficult request for the reason that a building permit was issued
which should have never been issued. There is a place to put the shed within the guidelines,
closer to the garage, but in light of the history of the property and the concerns of the neighbors,
she would have to vote against the variance.
Dr. Vos stated there is no hardship, and the shed could have been located according to code.
Economics is not a hardship, and a mistake by the City is not a hardship, so he, too, would vote
against the variance.
Mr. Kuechle stated he disagreed. Although economics is not a particular sufficient hardship, in
this case, he believed the petitioner, in good faith, applied for a building permit and was given a
APPEALS COMMISSION MEETING, JULY 9, 2003 PAGE 6
building permit twice in error. He doesn't think there is any evidence whatsoever that Mr.
Colstrom has attempted to deceive the City in terms of getting those building permits. In a way,
he believes the petitioner is being victimized by an error that was made by the City, and he also
believes that if it were not for the issues with the neighbors, the Commission would probably
approve the variance. He looks at the variance request and the code issues as really two
separate issues. There is the issue of whether there is sufficient reason to grant him a variance
for an existing building, and he believes there is. He believes the Code issues are separate and
need to be enforced separately, and so he would recommend approval.
Ms. Stromberg asked if Mr. Kuechle wanted to change stipulation #2.
Dr. Vos suggested that stipulation #2 be changed to say that the fence shall be completed
within 6 months rather than 12. It's not a big area. With this change, stipulation #2 would read:
"The gap in the screening fence along Jefferson Street shall be filled in using a matching board -
on -board fencing material consistent with the existing fence within 6 months of approval of this
variance request.
Ms. Jackson asked if he would be interested in making that a non -gated fence?
Dr. Vos replied that seems restrictive. He believed it should be a gate that is closed.
MOTION by Ms. Jackson, seconded by Dr. Vos, to recommend denial of variance request, VAR
#03-14 by Paridon Colstrom , to reduce the rear yard setback on a double frontage lot from 34
feet to 7 feet to recognize an existing nonconformity on Lot 13, Block 8, Donnay's Lakeview
Addition, generally located at 5750 Madison Street NE.
UPON A VOICE VOTE, JACKSON AND VOS VOTING AYE, KUECHLE VOTING NAY,
CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY.
Mr. Kuechle stated this will go to the City Council for the final decision on July 28.
2. OTHER BUSINESS:
Ms. Stromberg stated the next Appeals Commission meeting is July 23.
ADJOURNMENT
MOTION by Dr. Vos, seconded by Ms. Jackson, to adjourn the meeting.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE
MOTION CARRIED AND THE JULY 9, 2003, APPEALS COMMISSION MEETING
ADJOURNED AT 8:03 P.M.
Respectfully submitted,
CL
Denise M. Letendre
Recording Secretary
t
City of Fridley Land Use Application
VAR #03-14 July 9, 2003
GENERAL INFORMATION SPECIAL INFORMATION
Applicant:
Paridon Colstrom
5750 Madison Street
Fridley MN 55432
Requested Action:
Variance reducing the rear yard
setback on a double frontage lot for
a detached accessory structure.
Existing Zoning:
R-1 (Single Family Residential)
Location:
5750 Madison Street
Size:
10,350 sq. ft. .24 acres
Existing Land Use:
Single family home.
Surrounding Land Use & Zoning:
N: Single Family & R-1
E: Single Family & R-1
S: Single Family & R-1
W: Single Family & R-1
Comprehensive Plan Conformance:
Consistent with Plan
Zoning Ordinance Conformance:
Sec. 205.07.03.D.(4).((b)) requires
that the setback for garages and
accessory structures in the rear yard
be the same as the front yard on
double frontage lots.
Zoning History:
1955 — Lot is platted.
1956 — House is built.
1964 — Garage is built.
1980 — Home destroyed by fire, a
wrecking permit issued to tear down
the house.
1980 — Rebuild house.
1981 — Deck is built.
2002 — Shed is built.
Legal Description of Property:
Lot 13, Block 8, Donnay's Lakeview
Manor
Public Utilities:
Home is connected.
Transportation:
Madison Street provides access to
residence.
Physical Characteristics:
Typical suburban landscaping.
SUMMARY OF PROJECT
The petitioner, Mr. Colstrom is seeking to
reduce the rear yard setback on a double
frontage lot from 34 feet to 7 feet to
recognize an existing non -conformity at
5750 Madison Street.
SUMMARY OF HARDSHIP
"in order to maintain better relations with
my good neighbors and the City, 1, Peny
Colstrom, at the above address of 5750
Madison Street, request a variance for a
storage building to keep my property
presentable and free of lawn mower, snow
blower, etc."
- Perry Colstrom
SUMMARY OF ANALYSIS
City Staff recommends approval of this
variance request.
• This variance simply recognizes an
existing non -conformity.
CITY COUNCIL ACTION/ 60 DAY DATE
City Council — July 28, 2003
60 Day — August 4, 2003
(Location of Existing Shed)
Staff Report Prepared by: Stacy Stromberg
VAR #03-14
REQUEST
The petitioner, Perry Colstrom, is seeking a variance to reduce the "rear yard" setback
on a double frontage lot from 34 feet to 7 feet to recognize an existing non -conformity at
this residence at 5750 Madison Street.
The recognition of this non -conformity will allow the existing shed in the rear yard to
remain in its existing location.
SUMMARY OF HARDSHIP
"In order to maintain better relations with my good neighbors and the City, 1, Perry
Colstrom, at the above address of 5750 Madison Street, request a variance for a
storage building to keep my property presentable and free of lawn mower, snow blower,
etc."
- Perry Colstrom
ANALYSIS
The property is located on and fronts on Madison Street. The original home was
constructed in 1956 and was destroyed by fire in 1980. The petitioner then rebuilt the
house in 1980 and received a variance to allow the house to be constructed on the
same foundation, with a 2 -foot cantilever, which reduced the front yard setback from 35
feet to 33 feet. The existing garage was constructed in 1964.
Existing home and attached garage
Jefferson Street borders the property on the west side. Therefore, this property is
considered to have a double frontage. City Code requires that properties with frontages
on both sides of their lots need to meet front yard setback requirements for garages
and accessory structures located in their "rear yard." Therefore, the petitioner is
applying for a variance to recognize the location of the existing shed that is located in
the rear yard. The location of the structure is 7 feet from the west property line, instead
of the required 34 feet, which is determined by setback -averaging requirements.
In order to determine the setback for the "rear yard", the setback -averaging requirement
would apply. Setback averaging applies when the setback of neighboring homes is
greater than the minimum front yard setback. Then the setback for the new structure
can be six (6) feet more or less of the average depth of the adjacent structures. The
minimum setback is 25 feet. The existing detached garage is set back 40 feet from the
western property line, which is along Jefferson Street. The adjacent detached garage
to the north is set back at 40 feet and the adjacent detached garage to the south is set
back at 40 feet. When you add/minus 6 feet, the setback options are 46 feet or 34 feet
or any measurement between. Based on the code requirements, a setback of 34 feet
is determined. Therefore, the petitioner is seeking a variance to reduce the rear yard"
setback on a double frontage lot from 34 feet to 7 feet to recognize an existing non-
conformity.
Left — Photo shows gap in fence along Jefferson Street
Right — Existing Shed
The existing shed meets lot coverage and building size requirements. City staff has
heard comments from neighboring property owners, who have had concerns about
parking on the grass in the rear yard, and the lack of screening along Jefferson Street.
Staff has also heard from those neighboring property owners that the petitioner is
running a home occupation from his residence and the shed. They stated that electrical
trucks pull up to the shed to load and unload materials at all times of the day. Staff has
added stipulations to this variance request, which should alleviate these neighbors'
concerns.
RECOMMENDATIONS
City Staff recommends approval of this request, with stipulations.
■ This variance simply recognizes an existing non -conformity.
STIPULATIONS
Staff recommends that if the variance is granted, the following stipulations be attached:
1. The existing shed shall not be used as living area or a home occupation.
2. The gap in the screening fence along Jefferson Street shall be filled in using
a matching board on board fencing material consistent with the existing fence
within 12 months of approval of this variance request.
3. No parking shall occur off Jefferson Street, unless a hard surface driveway
and parking area is first installed.
4. Total square footage of all accessory structures shall not exceed 1,400
square feet.
5. The storage pod, cabinet and any other miscellaneous outdoor storage items
shall be removed within 30 days of approval of this variance request.
Land Planning
land Surveying
Soils Testing
Civil Engineering
Municipal Engineering
6875 Highway No.65 N.E.
Minneapolis,
Minn. 55432
Telephone 784-6066
Engineers & Surveyors Area Code 612
Certificate of Survey for Mrs. PeriO&I C015trom
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described land, and of the location of all buildings, theribon, and all visible encroachments, if an from or on
said land. As surveyed by me this'74L day of- jjw —A. D. 191Z.
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Variance Request
#03-14
LEGEND
Paridon Colstrom Fridley Engineering
Fridley GIS
5750 Madison Street Anoka County GIS
Fridley MN 55432
Map Date: 6/25/03
Development Review Committee Worksheet
Address: 5750 Madison Street
❑ Paul Bolin
❑ Grant Fernelius
❑ Kevin Hanson
❑ Steph Hanson
❑ Jon Haukaas
Land Use Case # VAR #03-14
❑ Scott Hickok
a/'Dave Jensen
❑ Julie Jones
❑ Ron Julkowski
❑ Ralph Messer
Planning Issues:
Setbacks
❑ Lot coverage
❑ Allowable square footage
❑ Height
❑ scape
Hardship statement/narrative
BuiWing Issues;
UBC/IBC
Stipulations:
Comments:
❑ Layne Otteson
❑ Police Rep.
❑ Mary Smith
❑ Stacy Stromberg
Engineering Issues:
❑ Drainage
❑ Utilities
❑ Curbing requirements
13
Fire Issues:
o Truck access
❑ Sprinkler requirements
❑ Hydrant location
❑ - -
Development Review Committee Worksheet
Planning Issues:
❑ Setbacks
❑ Lot coverage
o Allowable square footage
❑ Height
❑ Landscape
❑ Hardship statement/narrative
0
Building Issues:
o UBC/IBC
Stipulations:
.n a . _ 1
N
Comments:
Engineering Issues:
❑ Drainage
❑ Utilities
❑ Curbing requirements
a
Fire Issues:
❑ Truck access
❑ Sprinkler requirements
o Hydrant location
0
Name: Date:
PC -v.-1
Address: 5750 Madison Street
Cots-A-vvwv Land Use Case # VAR #03-14
o
Paul Bolin
o Scott Hickok
❑ Layne Otteson
❑
Grant Fernelius
❑ Dave Jensen
❑ Police Rep.
❑
Kevin Hanson
u Julie Jones
o Mary Smith
A
Steph Hanson
❑ Ron Julkowski
❑ Stacy Stromberg
0
Jon Haukaas
❑ Ralph Messer
Planning Issues:
❑ Setbacks
❑ Lot coverage
o Allowable square footage
❑ Height
❑ Landscape
❑ Hardship statement/narrative
0
Building Issues:
o UBC/IBC
Stipulations:
.n a . _ 1
N
Comments:
Engineering Issues:
❑ Drainage
❑ Utilities
❑ Curbing requirements
a
Fire Issues:
❑ Truck access
❑ Sprinkler requirements
o Hydrant location
0
Name: Date:
Development Review Committee Worksheet
Address: 5750 Madison Street
❑ Paul Bolin
❑ Grant Fernelius
Kevin Hanson
❑ Steph Hanson
❑ Jon Haukaas
Land Use Case # VAR #03-14
❑ Scott Hickok ❑ Layne Otteson
❑ Dave Jensen ❑ Police Rep.
❑ Julie Jones ❑ Mary Smith
❑ Ron Julkowski ❑ Stacy Stromberg
❑ Ralph Messer
Planning Issues:
❑ Setbacks
❑ Lot coverage
❑ Allowable square footage
❑ Height
❑ Landscape
❑ Hardship statement/narrative
❑
Building Issues:
❑ UBC/IBC
8
Engineering Issues:
❑ Drainage
❑ Utilities
❑ Curbing requirements
Fire Issues:
❑ Truck access
❑ Sprinkler requirements
❑ Hydrant location
Name:�.�y `✓� _ Date: `%®'e"F
Development Review Committee Worksheet
Address: 5750 Madison Street Land_ Use Case # VAR #03-14
❑ Paul Bolin
u
Scott Hickok
❑ Layne Otteson
❑ Grant Femelius
a
Dave Jensen
❑ Police Rep.
❑ Kevin Hanson
u
Julie Jones
❑ Mary Smith
o Steph Hanson
Ron Julkowski
o Stacy Stromberg
❑ Jon Haukaas
❑
Ralph Messer
Planning Issues:
❑ Setbacks
❑ Lot coverage
❑ Allowable square footage
❑ Height
❑ Landscape
❑ Hardship statement/narrative
Building Issues:
❑ UBC/IBC
Stipulations:
Comments:
Engineering Issues:
❑ Drainage
a Utilities
a Curbing requirements
Fire Issues:
❑ Truck access
a Sprinkler, requirements
❑ Hydrant location
C3
Name: ?�� �U� Date: -6A,0/0/3
Development Review Committee Worksheet
Address: 5750 Madison Street
❑ Paul Bolin
❑ Grant Fernelius
❑ Kevin Hanson
❑ Steph Hanson
❑ Jon Haukaas
Land Use Case # VAR #03-14
❑ Scott Hickok Layne Otteson
❑ Dave Jensen ❑ Police Rep.
❑ Julie Jones ❑ Mary Smith
❑ Ron Julkowski ❑ Stacy Stromberg
o Ralph Messer
Planning Issues:
❑ Setbacks
❑ Lot coverage
❑ Allowable square footage
❑ Height
❑ Landscape
❑ Hardship statement/narrative
❑
Building Issues:
❑ UBC/IBC
Engineering Issues:
❑ Drainage
❑ Utilities
❑ Curbing requirements
13
Fire Issues:
❑ Truck access
❑ Sprinkler requirements
❑ -Hydrant location
CI
Stipulations:
Comments:
:
Date0jIeU
Name: •
DeveloRment Review Committee Worksheet
Address: 5750 Madison Street Land Use Case # VAR #03-14
❑ Paul Bolin
❑ Scott Hickok
❑ Layne Otteson
❑ Grant Fernelius
❑ Dave Jensen
❑ Police Rep.
❑ Kevin Hanson
❑ Julie Jones
Mary Smith
❑ Steph Hanson
❑ Ron Julkowski
❑ Stacy Stromberg
❑ Jon Haukaas
❑ Ralph Messer
Planning Issues:
❑ Setbacks
❑ Lot coverage
❑ Allowable square footage
❑ Height
❑ Landscape
❑ Hardship statement/narrative
Buildina Issues:
❑ UBC/IBC
Stipulations:
Comments:
Enaineerina Issues:
❑ Drainage
❑ Utilities
❑ Curbing requirements
Fire Issues:
❑ Truck access
❑ Sprinkler requirements
❑ Hydrant location
Name: .. 12 — r
Development Review Committee Worksheet
Address: 5750 Madison Street
Land Use Case # VAR #03-14
❑
Paul Bolin
❑
Scott Hickok ❑ Layne Otteson
❑
Grant Fernelius
o
Dave Jensen ❑ Police Rep.
❑
Kevin Hanson
❑
Julie Jones ❑ Mary Smith
❑
Steph Hanson
❑
Ron Julkowski ❑ Stacy Stromberg
❑
Jon Haukaas
Ralph Messer
Planning Issues:
Engineering Issues:
❑
Setbacks
❑ Drainage
❑
Lot coverage
u Utilities
❑
Allowable square footage
❑ Curbing requirements
❑
Height
a
❑
Landscape
o
Hardship statement/narrative
❑
Fire Issues:
a Truck access
❑ Sprinkler requirements
Building Issues:
❑ Hydrant location
❑
UBC/IBC
a
a
Comments:
Name: Date:
Development Review Committee Worksheet
Address: 5750 Madison Street
❑ Paul Bolin
❑ Grant Fernelius
❑ Kevin Hanson
❑ Steph Hanson
❑ ]on Haukaas
Land Use Case # VAR #03-14
Scott Hickok ❑ Layne Otteson
❑ Dave Jensen ❑ Police Rep.
❑ Julie Jones ❑ Mary Smith
❑ Ron Julkowski ❑ Stacy Stromberg
❑ Ralph Messer
Planning Issues:
Setbacks
❑ Lot coverage
❑ Allowable square footage
❑ Height
❑ Landscape
Hardship statement/narrative
Building Issues:
❑ UBC/IBC
Stipulations:
ce
pw I�D OOFOOOf-
j—e 9Pry.
Comments: v
Name:
Engineering Issues:
❑ Drainage
❑ Utilities
❑ Curbing requirements
❑
Fire Issues:
❑ Truck access
❑ Sprinkler requirements
❑ Hydrant location
❑
Date:
Development Review Committee Worksheet
Address: 5750 Madison Street
Land Use Case # VAR #03-14
Paul Bolin
u Scott Hickok u Layne Otteson
❑ Grant Fernelius
❑ Dave Jensen ❑ Police Rep.
❑ Kevin Hanson
u Julie Jones ❑ Mary Smith
❑ Steph Hanson
❑ Ron Julkowski a Stacy Stromberg
o Jon Haukaas
❑ Ralph Messer
Planning Issues:
Engineering Issues:
❑ Setbacks
❑ Drainage
❑ Lot coverage
❑ Utilities
o Allowable square footage
u Curbing requirements
❑ Height
❑ jzndscape •r''" r
Hardship statement/narrati i
Fire Issues:
a Truck access
a Sprinkler requirements
Building Issues:
❑ Hydrant location
❑ UBC/IBC
❑
Stipulations:
Ato t/,t lo. U Do ,-L iV`,-, h Y- of -�;�
Comments:
Name: Date:
Address: 5750 Madison Street Land Use Case # VAR #03-14
❑ Paul Bolin
❑ Grant Fernelius
❑ Kevin Hanson
❑ Steph Hanson
Jon Haukaas
❑ Scott Hickok
❑ Dave Jensen
❑ Julie Jones
❑ Ron Julkowski
❑ Ralph (Messer
Planning Issues:
❑ Setbacks
❑ Lot coverage
❑ Allowable square footage
❑ Height
❑ Landscape
❑ Hardship statement/narrative
0
Building Issues:
❑ UBC/IBC
Stipulations:
Comments:
❑ Layne Otteson
❑ Police Rep.
❑ Mary Smith
❑ Stacy Stromberg
Enaineerina Issues:
❑ Drainage
❑ Utilities
❑ Curbing requirements
Fire Issues:
❑ Truck access
❑ Sprinkler requirements
❑ Hydrant location
❑
Name: Date:
Development Review Committee Worksheet
Address: 5750 Madison Street Land Use Case # VAR #03-14
❑ Paul Bolin ❑ Scott Hickok ❑ Layne Otteson
❑ Grant Fernelius ❑ Dave Jensen ❑ Police Rep.
❑ Kevin Hanson ❑ Julie Jones ❑ Mary Smith
❑ Steph Hanson ❑ Ron JulkowsId Stacy Stromberg
❑ Jon Haukaas ❑ Ralph 'Messer
Planning Issues: 1,ngineerin Issues:
❑ Setbacks ❑ Drainage
❑ Lot coverage r R�'A Q& lities
❑ Allowable square footage o to a'Zurbing requirements
❑ Height �{',� ��❑
❑ Landscape
❑ 3HaArdshl,statement�arrative
_ Fire Issues:
❑ Truck access
❑ Sprinkler requirements
Building Issues: ❑ Hydrant location
❑ UBC/IBC ❑
Comments:
Name:Date:
C17YOE
FRIDLEY
FRIDLEY :MUNICIPAL CENTER - 6431 UNIVERSITY AVE. N.E. FRIDLEY, NIN 55432 - (763) 571-3450 - FAX (763) 571-1287
June 16, 2003
Perry Colstrom
5750 Madison Street NE
Fridley MN 55432
Dear Mr. Colstrom:
Per Minnesota Statute 15.99, local government units are required to notify land use
applicants within 10 working days if their land use applications are complete. We
officially received your application for a variance on June 6, 2003. This letter serves to
inform you that your application is complete.
Your Variance application hearing and discussion will take place at the City of Fridley
Appeals Commission Meeting on July 9, 2003 at 7:30 P.M. in the City Council
Chambers at 6431 University Avenue. It is important that you attend this meeting. If
your variance application needs to be reviewed by the City Council, the meeting will be
held on July 28, 2003 at 7:30 in the City Council Chambers.
If you have any questions regarding this letter or the process, please feel free to contact
me at 763-572-3595.
Sincerely, ,
Stacy Strgmberg
Planner
C-03-76
City of Fridley
June 08 2003
Attn: Stacy S
Re: Variance AT 5750 Madison ST NE
To the members of the Honorable City Council:
In order to maintain better relations
with my good neighbors and the City,
I, Perry Colstrom, at the above address request a
variance for a storage building to keep my property
presentable & free of lawn mower, snow blower,
etc.
Thnk yo
P rry Colstrom
763.574.9015
CITY OF FRIDLEY
6431 UNIVERSITY AVENUE
FRIDLEY, MN 55432
(763) 572-3592
COMMUNITY DEVELOPMENT DEPARTMENT
VARIANCE APPLICATION FOR:
Residential Commercial/Industrial
Signs
PROPERTY INFORMATION: (site plan required for submittal, see attached)
Address: `7 CO A4AD KSOAJ r-
_
Property Identification Number: 2_ y 1 ` 1O®
Legal Description: Lot 3 Block—Tract/Additio�9�f
U
M A PJ a k AQ- 1770
Current Zoning: Square Footage/acreage:
Reason for Variance: -"-e_qta7<_ OuD_S�5 dl
Have you operated a business in a city which required a business license'?
Yes No If Yes, which City?_
If Yes, what type of business?
was that license ever denied or revoked? Yes No
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FEE OWNER INFORMATION (as it appears on the property title)
(Contract purchasers: Fee owners must sign this form prior to processing.)
NAME:
ADDRESS:
DAYTIME PRONE: SIGNATURE/DATE:
.uI41V�V/V/b..�/.V../A/MIVA/MIAI//rIMiV.VIV.VIVIV�.�/IV.V.VIVIr/.I/VIV/Vp/�/IYIV�VM/*/M/r.Y/YIrIY1V.MiV.V/VI.i//VA/I�II�/.VI\/IVdfIr�,VMMA//.'IY/�/A./../IrIVIV/VIVAI
PETITIONER INFORMATION
NAME: VA 2t Jo N A C d L. EL _0
ADDRESS 7 r'® IMA.DSO/O ) S % X/ = L^ —
DAYTIME PHONEQ 5 S 7 -' jO c SIGNATURE/DAT
/YN/V.YAII�/1./.b.VN�V�V/VA/.VM.V/�a/�riVIVMiV.►ISI.Ei.MAIiV.Y.VIVMiV.Y11�I1V/VMIY.Y/YIV1ti.VN/O//1//VItl/rRV�ti//MIrM1.I� M.V/Y��iV� �V
Section of City Code:
FEES
Fee: $100.00 for commercial, industrial, or si s:
Fee: $60.00 for residents i p o ernes: Receipt #: Received By:
f,
Application Number:
Scheduled Appeals Commission Date: _ 1��
Scheduled City Council Date:
10 Day Application Complete Noffficaflon Date: �®
60 Day Date:
144
VARIANCE APPLICATION
SUBMISSION CHECKLIST
The following shall be the minimum submission requirements to the Appeal
Commission. Applications will not be accepted if the following is not subrr�i s�
RESIDENTIAL:
ITEM
SUBMITTED
RECEIVER'S
COMPLETE
INITIALS
Completed application, with fee
(Application is considered complete if
all blanks are completed, and both fee
owner
1
and petitioner have signed.)
Scaled site plan of property showing
north arrow, existing and proposed
structures, lot and block number,
adjacent street names, and buildings
on adjacent
lots within 10 feet of the common lot
lines.
Elevation of building and description of
materials.
Narrative of proposed building, and
summa of hardship.
COMMERCIAL AND INDUSTRIAL:
ITEM
SUBMITTED
RECEIVER'S
COMPLETE
INITIALS
Completed application, with fee
(Application is considered complete if
all blanks are completed, and both fee
owner and petitioner have signed.)
Scaled site plan of property showing
north arrow, existing and proposed
structures, lot and block number,
adjacent street names, and buildings
on adjacent lots within 10 feet of the
common lot lines.
Elevation of building and description of
materials.
Landscape plan for all projects
requiring a parking lot expansion of
four 4 or mores aces.
Grading and drainage plan.
Erosion control plan.
Calculations for stormwater runoff.
hNi� �Rar..y
Case Number: VAR #03-14
Applicant: Paridon Colstrom
5750 Madison Street NE
Fridley, Minnesota 55432
Respondents: Daniel L. and Paula J. Babor
5730 Jefferson Street NE
Fridley, Minnesota 55432
We oppose the approval of the applicant's requested variance. Currently three
structures, the newly erected storage structure, the approximate 1,000 cubic foot conex
storage container, and the garage are apparently used to support the commercial activity
of Wire Rite Electric. In addition to the two storage facilities, there are numerous large
pallets and miscellaneous items populating the backyard; all of which detract from the
neighborhood's appearance and support the summation the residential property has
been and is currently being used for commercial application and activities.
Any persons can make these observations because the majority of the fence previously
providing a boundary between the rear of the property and Jefferson Street has been
removed. Since the removal of that portion of the fence line vehicles use the makeshift
access way to utilize the property and the storage facilities to further facilitate and
support the commercial activity in our residential community. The portion of Jefferson
Street that runs along the rear of the applicant's property is narrower the most normal
residential streets and not adequate nor designed to support a commercial enterprise.
The growing use of the unpaved ungated and I believed unapproved access way to the
rear of the property is of a growing public and vehicular safety and zoning concern.
Though we can suppose the disapproval of the applicant's request for variance may
cause a business imposition and have negative financial impact, we vote to keep our
neighborhood as a residential community for the health, safety and enjoyment of our
family and not to condone or support its' commercialization.
Sincerely,
Daniel L. and Paula J. Babor
CITY OF FRIDLEY PUBLIC HEARING NOTICE
BEFORE THE APPEALS COMMISSION
TO:
Residents within 350 feet of 5750 Madison Street NE
CASE NUMBER:
VAR #03-14
APPLICANT:
Paridon Colstrom
5750 Madison Street NE
Fridley, MN 55432
Petitioner or representative must be at meeting.
PURPOSE:
To reduce the rear yard setback on a double frontage lot from
34 feet to 7 feet to recognize an existing nonconformity -
Section 205.07.03.D.(4).((b)) of the Fridley Zoning Code
LOCATION OF
PROPERTY.
5750 Madison Street NE
LEGAL
DESCRIPTION.,
Lot 13, Block 8, Donnay's Lakeview Addition
DATE AND TIME
Appeals Commission Meeting, Wednesday, July 9, 2003,
OF HEARING:
at 7:30 p.m.
The Appeals Commission meetings are televised live the
night of the meeting on Channel 17.
PLACE OF
Fridley Municipal Center, City Council Chambers
HEARING:
6431 University Avenue
HOW TO
1. You may attend hearings and testify.
PARTICIPATE:
2. You may send a letter before the hearing to Paul Bolin,
Planning Coordinator, or Stacy Stromberg, Planner, at
6431 University Avenue N.E., Fridley, MN 55432 or fax at
763-571-1287.
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 763-572-3500
no later than July 2, 2003. (TDD 763-572-3534)
ANY QUESTIONS:
Contact Paul Bolin, Planning Coordinator, at 763-572-3599,
or Stacy Stromberg, Planner, at 763-572-3595.
Mailing Date: June 27, 2003
,AASEN ARNOLD R & NELLIE M
595 57TH AVE NE
FRIDLEY,MN 55432
BABOR DANIEL L & PAULA J
5730 JEFFERSON ST NE
FRIDLEY,MN 55432
ABFALTER BRUCE A
5740 MADISON ST NE
FRIDLEY,MN 55432
BENSON EDMUND K & ALICE 1
640 58TH AVE NE
FRIDLEY,MN 55432
AIRHART MITCHELL J
5765 WASHINGTON ST NE
FRIDLEY,MN 55432
COLSTROM PARIDON & CAROL
5750 MADISON ST NE
FRIDLEY,MN 55432
CORBETT MICHAEL E & OWENS KARI COTTER JOHN J & THERESA A CURRENT RESIDENT
5797 WASHINGTON ST NE 620 HELENE PL NE 641 58TH AVE NE
FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432
DOWLING DARLENE M DUNBAR GREGORY O & KATHLEEN M EBENSTEINER ERIC D & WENDY M
11504 HEATHER ST NW 565 57TH AVE NE 5705 WASHINGTON ST NE
COON RAPIDS,MN 55433 FRIDLEY,MN 55432 FRIDLEY,MN 55432
EL SHARIF LAMAA S
5750 JEFFERSON ST NE
FRIDLEY,MN 55432
GRANGER TY L & CAROLYN J
621 58TH AVE NE
FRIDLEY,MN 55432
HENRY MATHEW L
630 HELENE PL NE
FRIDLEY,MN 55432
HOUSE RICHARD A & BARBARA J
5770 JEFFERSON ST NE
FRIDLEY,MN 55432
KHAMTHANI PRANOM
555 57TH AVE NE
FRIDLEY,MN 55432
EMERSON WILLIAM A & RUTH G
650 HELENE PL NE
FRIDLEY,MN 55432
HEINTZ MICHAEL E & SHARON L
5704 JEFFERSON ST NE
FRIDLEY,MN 55432
HESS PAUL V
615 57TH AVE NE
FRIDLEY,MN 55432
JOHNSON GORDON M & LENNA V
611 58TH AVE NE
FRIDLEY,MN 55432
KHLIF MOHAMED S & NASRI MONIA
5708 JEFFERSON ST NE
FRIDLEY,MN 55432
FRIDLE C OF
Bad Addr s 1
FRIDL , 55432
HELMER A B& D L& BOLLINGER A
5701 WASHINGTON ST NE
FRIDLEY,MN 55432
HOSCH JOHN F JR & SANDRA M
5780 MADISON ST NE
FRIDLEY,MN 55432
JOHNSON STEVEN A
640 HELENE PL NE
FRIDLEY,MN 55432
KLICK CHRISTOPHER D
5770 MADISON ST NE
FRIDLEY,MN 55432
KRAGNESS MICHAEL J LEAON JAMES A JR & FRANCES LEFFLER MARY ANNE
5707 WASHINGTON ST NE 631 58TH AVE NE 5798 JEFFERSON ST NE
FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432
XARCINIAK EDWARD A & JOAN M
601 58TH AVE NE
FRIDLEY,MN 55432
NORTON LOWELL M & GRACE E
630 58TH AVE NE
FRIDLEY,MN 55432
MCCONVILLE JOYCE ELLEN
631 HELENE PL NE
FRIDLEY,MN 55432
OSOSKI DONALD T & BARBARA L
585 57TH AVE NE
FRIDLEY,MN 55432
RINGHOFER CHAS & HELEN TRUSTEE ROMANCHUK MARCIA
641 HELENE PL NE 5775 WASHINGTON ST NE
FRIDLEY,MN 55432 FRIDLEY,MN 55432
SCHACK HENRY S & MARGARET C
650 58TH AVE NE
FRIDLEY,MN 55432
STARK JACKIE L & SANDRA F
5720 MADISON ST NE
FRIDLEY,MN 55432
THOMPSON LEONA P
5760 MADISON ST NE
FRIDLEY,MN 55432
WHITNEY DANIEL D & REBECCA
5781 WASHINGTON ST NE
FRIDLEY,MN 55432
ZYLA WALERIA
545 57TH AVE NE
FRIDLEY,MN 55432
SHERIDAN MARY F
621 HELENE PL NE
FRIDLEY,MN 55432
SWANSON ROGER W & EVELYN M
620 58TH AVE NE
FRIDLEY,MN 55432
TOMCZYK JOHN & LEONA
575 57TH AVE NE
FRIDLEY,MN 55432
WILSON PAUL I & GRACE A
635 57TH AVE NE
FRIDLEY,MN 55432
MEISSNER TERI L
5790 JEFFERSON ST NE
FRIDLEY,MN 55432
PHELPS W MICHAEL & SUSAN 1
5755 WASHINGTON ST NE
FRIDLEY,MN 55432
SAARI REINO A & HELEN M
651 HELENE PL NE
FRIDLEY,MN 55432
SMITH LUBA
5730 MADISON ST NE
FRIDLEY,MN 55432
SWIDER LAURETTA E
5780 JEFFERSON ST NE
FRIDLEY,MN 55432
WALLERIUS STEPHEN J & NANCY A
5703 WASHINGTON ST NE
FRIDLEY,MN 55432
ZEMAN PATRICK & GWENDOLEN
625 57TH AVE NE
FRIDLEY,MN 55432