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VAR 99-26GNOF FRIDLEY FRIDLEY MUNICIPAL CENTER - 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 - (612) 571-3450 - FAX (612) 571-1287 APPEALS COMMISSION ACTION TAKEN NOTICE October 15, 1999 Paul and Virginia Blake 4110 Main Street Fridley, MN 55421 Dear Mr. and Mrs. Blake: On October 13, 1999, the Fridley Appeals Commission officially approved your request for variance, VAR #99-26, to reduce the required side yard setback from 10 feet to 9.3 feet to correct an existing nonconformity and to allow the construction of a three -season porch on the most easterly 185 feet of the tract of land described as follows: to -wit Lot 3, Auditor's Subdivision No. 39, except the south 85 feet of the east 453 feet and except the north 100 feet of the east 185 feet thereof, subject to easement to NSP over the west 5 feet, generally located at 4110 Main Street, with the following stipulation: 1. The petitioner shall obtain all necessary permits from the City prior to construction. You have one year from the date of the Appeals Commission action to initiate construction. If you cannot begin construction during this time, you must submit a letter requesting an extension at least three weeks prior to the expiration date. If you have any questions regarding the above action, please call me at 572-3593. Sincrely, P PLI-- Paul Bolin Planner PB:Is Please review the above action, sign below, and return the original to the City of Fridley Planning Department by October 29, 1999. Concur with action taken. CITY OF FRIDLEY APPEALS COMMISSION MEETING, OCTOBER 13,1999 CALL TO ORDER: Chairperson Kuechle called to order the October 13, 1999, Appeals Commission meeting at 7:30 p.m. ROLL CALL: Members Present: Larry Kuechle, Terrie Mau, Ken Vos, Carol Beaulieu, Blaine Jones Members Absent: None Others Present: Paul Bolin, Planner Paul, Virginia & Casey Blake, 4110 Main Street N.E. Stanley Kaczar, 4120 Main Street N.E. Ann M. Baler, Andover, MN Robert Brama, 1685126' Lane N.E. Tom Brama, 3216 32"d Avenue, St. Anthony, MN APPROVAL OF SEPTEMBER 22 1999. APPEALS COMMISSION MINUTES: MOTION by Ms. Mau, seconded by Mr. Jones, to approve the September 22, 1999, Appeals Commission minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING: CONSIDERATION OF VARIANCE REQUEST, VAR #99- 26. BY PAUL & VIRGINIA BLAKE: Per Section 205.07.03.D.(2).(a) of the Fridley Zoning Code, to reduce the required side yard setback from 10 feet to 9.3 feet to correct an existing nonconformity; and Per Section 205.07.03.D.(2).(a) of the Fridley Zoning Code, to reduce the required side yard setback from 10 feet to 9.3 feet to allow the construction of a three -season porch on the most easterly 185 feet of the tract of land described as follows: to -wit Lot 3, Auditor's Subdivision No. 39, except the south 85 feet of the east 453 feet and except the north 100 feet of the east 185 feet thereof, subject to easement to NSP over the west 5 feet, generally located at 4110 Main Street. MOTION by Dr. Vos, seconded by Ms. Beaulieu, to waive the reading of the public hearing.notice and to open the public hearing. APPEALS COMMISSION Mme_ i ING, OCTOBER 13, 1999 PAGE 2 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:33 P.M. Mr. Bolin stated the petitioners are seeking a variance to reduce the side yard setback from 10 feet to 9 feet 3 inches to correct an existing nonconformity and to allow the construction of a three -season porch. Mr. Bolin stated the code requires a side yard setback of 10 feet for living areas. The petitioner's lot is 16,500 square feet in size. The property is zoned R-1, Single Family, as are the surrounding properties. Across the street to the east is the City of Columbia Heights. This lot was platted in 1939. The home was built in 1965. Mr. Bolin stated the hardship summary statement indicates the petitioner would like to add on to his house which was built too close to the property line. Mr. Bolin showed photos of the home. The northern edge of the home was built 9 feet 3 inches from the property line. The petitioner is asking in addition to correcting this nonconformity that the Appeals Commission recognize the 9 foot 3 inch line as the proper setback for this home. In addition, the three -season porch would be set back at the same distance. The neighbor's garage is located over 16 feet from the existing home and from the addition as proposed. Mr. Bolin stated the request is not the result of an act by the petitioners. The request is also within previously granted dimensions. Therefore, staff recommends approval of the request with the following stipulation: 1. Petitioner shall obtain all necessary permits from the City prior to construction. Mr. Blake stated he just wants to match what is existing and line up the addition with what is already there. The only neighbor affected does not object. Mr. Kaczar stated he is the next door neighbor. He asked the Appeals Commission to approve the request. It will be good for the property. MOTION by Dr. Vos, seconded by Ms. Beaulieu, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:39 P.M. Dr. Vos stated he went to the site. He agreed this is the best plan, and he saw no reason not to approve the nonconformity. If they did not approve the variance for the addition, there would be a jog there and still nonconforming for the house. There is no advantage. He would vote in favor. Ms. Beaulieu agreed. She would not require the petitioner to move their house nine inches. APPEALS COMMISSION MEC, ING, OCTOBER 13, 1999 PAGE 3 Ms. Mau stated she also visited the site and agreed it does not encroach. MOTION by Dr. Vos, seconded by Ms. Mau, to approve Variance Request, VAR #99- 26, to reduce the required side yard setback from 10 feet to 9.3 feet to correct an existing nonconformity; and to reduce the required side yard setback from 10 feet to 9.3 feet to allow the construction of a three -season porch on the most easterly 185 feet of the tract of land described as follows, to -wit Lot 3, Auditor's Subdivision No. 39, except the south 85 feet of the east 453 feet and except the north 100 feet of the east 185 feet thereof, subject to easement to NSP over the west 5 feet, generally located at 4110 Main Street, with the following stipulation: 1. Petitioner shall obtain all necessary permits from the City prior to construction. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. PUBLIC HEARING: CONSIDERATION OF VARIANCE REQUEST. VAR #99- 27. BY TOM BRAMA: Per Section 205.09.03.D.(2).(d) of the Fridley Zoning Code, to reduce the required side yard setback, for an accessory building, from 5 feet to 3 feet to allow the construction of a garage on the east 200 feet of Lot 13, Auditor's Subdivision No. 89, except roads, subject to easement of record, generally located at 1284 Norton Avenue. MOTION by Ms. Beaulieu, seconded by Mr. Jones, to waive the reading of the public hearing notice and to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:42 P.M. Mr. Bolin stated the petitioner is requesting a variance to reduce the side yard setback for an accessory structure from 5 feet to 3 feet to construct an eight -stall parking garage at 1284 Norton Avenue. Mr. Bolin stated the code requires a side yard setback of 5 feet for an accessory building. The property is located on the comer of Norton Avenue and Old Central. To the north and west are additional multi -family buildings. To the east is Onan and to the south is Medtronic. There are two rather large Medtronic parking lots separated by a railroad track. Mr. Bolin stated the lot was platted in 1949. The current seven -unit apartment building was constructed in 1985. Tom and Robert Brama have recently purchased the property and are in the midst of rehabbing the entire building. The building will have a new look over the next few months. APPEALS COMMISSION Mr -.r -TING, OCTOBER 13, 1999 PAGE 4 Mr. Bolin stated the hardship statement summary indicates that, without a variance, only an 18 -foot deep garage could be built which would not be able to house a larger car or truck. Mr. Bolin stated the parking garage would be heavily screened from Medtronic to the south. The petitioner originally proposed to build the garage five feet from the side yard line which would leave a 23 -foot drive aisle. When the staff development review committee looked over the request, the consensus of the planning, engineering, fire and police staff was that they would rather see a 25 -foot drive aisle maintained and have the side yard setback reduced to three feet being that it is well screened and there is industrial use to the south. For those reasons, there are fewer impacts. Mr. Bolin stated staff does recommend approval of the request. Granting the request is not intended to set a precedent for future requests for other apartment buildings in the R-3 district. Many R-3 districts are located next to single family homes for which the impact would be of a different nature. Due to the unique location of this property abutting well -screened industrial property, there are not impacts to the neighboring properties. Having a garage will improve the appearance of the site. If the Appeals Commission approves the request, staff recommends the following stipulations: 1. Code -required dumpster and recycling bin enclosures shall be provided at this site, preferably attached to the new garage. 2. All building permits shall be obtained prior to start of construction. Mr. Bolin stated the site has a garbage enclosure, but it is missing the code -required doors, and staff feels it is too small to accommodate recycling bins as well. The site has two more parking spaces than what is required by code. The site has 16 spaces and code requires 14 for a building of this size. The garage would take up eight of the parking stalls. Dr. Vos asked where staff was suggesting the dumpster/recycling bin enclosure be located. Mr. Bolin stated the current enclosure is in the area of what on the map is parking stall #12. Since there are two extra parking stalls, it would be possible to Out it next to the garage or perhaps add on to the existing enclosure and add doors. Ms. Mau stated the garage spaces are considered as parking stalls so the site would still have the required number of parking stalls. Would it be possible to park cars in front of the garage doors? Mr. Bolin stated there would not be enough room. Mr. Jones asked if two parking stalls would be needed for the garbage/recycling enclosure. APPEALS COMMISSION Mt, i1NG, OCTOBER 13, 1999 PAGE 5 Mr. Bolin stated, no. They may be able to get by with one stall. It would be a matter of coming up with something that would allow the trucks to get in and have access. Mr. Robert Brama stated he had no objections to the stipulations. It would be beneficial to the tenants and the building to have a place for storage that is enclosed. Dr. Vos asked about the question of the garbage enclosure. Mr. Robert Brama stated they could attach it to the garage. Mr. Tom Brama stated on the original site plan the enclosure takes up two parking spaces. He would propose to put the enclosure in the triangular piece next to the diagonal parking stalls so they could recapture the parking spaces. They would need to work with the haulers on the design so they have the access they need. Dr. Vos asked staff how strongly staff wanted the enclosure attached to the garage. Mr. Bolin stated the code requires that this be enclosed. Staff is flexible on the location as long it meets the code requirements. Mr. Tom Brama stated they currently have no recycling for the tenants, but they want to provide this service. Mr. Bolin stated he would suggest changing the first stipulation to read, "The garbage enclosure shall be approved by staff prior to the issuance of the building permit for the garage." Mr. Tom Brama stated they are trying to recapture the parking spaces. Many of their tenants don't drive anyway, but they anticipate that will change in the future. MOTION by Ms. Mau, seconded by Ms. Beaulieu, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:53 P.M. Ms. Beaulieu stated this seems like a good plan. The garage will be an improvement. She can see where they need the 20 -foot garage depth and that would be better than decreasing the width of the drive aisle. Mr. Kuechle concurred. To have a depth of less than 20 feet would not be good. Although cars are shorter, tenants still need storage space. The more space the better. The petitioner can work with staff to do the best job for the site. He would vote in favor of the request. Ms. Mau agreed. There is a hardship. To do this any other way would not be prudent. APPEALS COMMISSION ML._ (ING, OCTOBER 13, 1999 PAGE 6 Mr. Jones agreed. He stated it does not seem to affect the property next door. The property most affected is Medtronic, which is an industrial area and which is well screened. He would vote in favor with the revised stipulation. MOTION by Mr. Jones, seconded by Ms. Mau, to recommend approval of Variance Request, VAR #99-27, by Tom Brama, to reduce the required side yard setback, for an accessory structure from 5 feet to 3 feet to allow the construction of a garage on the east 200 feet of Lot 13, Auditor's Subdivision No. 89, except roads, subject to easement of record, generally located at 1284 North Avenue, with the following stipulations: 1. The garbage enclosure shall be approved by staff prior to the issuance of the building permit for the garage. 2. All building permits shall be obtained prior to start of construction. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Bolin stated the City Council would consider this request on November 8. 3. APPROVE 2000 COMMISSION MEETING DATES: MOTION by Ms. Mau, seconded by Ms. Beaulieu, to approve the 2000 meeting dates as follows: January 12 July 12 January 26 July 26 February 9 August 9 February 23 August 23 March 8 September 13 March 22 September 27 April 12 October 11 April 26 October 25 May 10 November 8 May 24 November 22 June 14 December 13 June 28 December 27 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. UPDATE ON PLANNING COMMISSION AND CITY COUNCIL ACTIONS: Mr. Bolin provided an update on Planning Commission and City Council actions. APPEALS COMMISSION M . ING, OCTOBER 13, 1999 PAGE 7 RESIGNATION OF LAVONN COOPER: Mr. Bolin stated that this is Lavonn Cooper's last Appeals Commission meeting. She has accepted a full-time position, and her new schedule does not allow her to continue as recording secretary. He stated Ms. Cooper has been a recording secretary for many City of Fridley commissions for over 14 years and has done an excellent job. The Commission members each expressed their appreciation to Ms. Cooper for her many years of outstanding service and wished her well. OTHER BUSINESS: Mr. Bolin stated that because of no items, the October 27, 1999, Appeals Commission meeting has been canceled. ADJOURNMENT: MOTION by Dr. Vos, seconded by Mr. Jones, to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE OCTOBER 13,1999, APPEALS COMMISSION MEETING ADJOURNED AT 8:00 P.M. Res ectfully submitted, Lavonn Cooper 00(14 Recording Secretary City of Fridley Land Use Application VAR -99-26 October 13, 1999 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Paul & Virginia Blake 4110 Main Street Fridley, MN 55432 Requested Action: Variance Purpose: To decrease the required side yard setback from 10' to 9'3" to correct an existing non -conformity and allow the construction of a 3 season porch. Existing Zoning: Residential - 1 Location: 4110 Main Street Size: 16,500 sq. ft. .38 acres Existing Land Use: Single Family Home Surrounding Land Use & Zoning: N: Single Family & R 1 E: Columbia Heights S: Single Family & R-1 W: Single Family & R-1 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Sec. 205.07.03.D.(2).(a) requires a minimum side yard setback of 10' for any living area. Zoning History: Lot platted in 1939. Home built in 1965. Legal Description of Property: Part of Lot 3, Aud. Subd. #39 Council Action: October 25, 1999 Public Utilities: Home is connected. Transportation: Home is accessed via Main Street. Physical Characteristics: Lot is covered by grass, home and an existing garage. SUMMARY OF PROJECT The petitioner is seeking the variance to correct an existing non -conformity and also to construct a three season porch having the same side yard setback. SUMMARY OF HARDSHIP "I would like to add on to my existing house which was built too close to the property line. So I need a variance for the side yard. " (Full letter attached) SUMMARY OF ANALYSIS City Staff recommends approval of this variance request, with stipulation. It would cause great hardship to require a property owner to remove their existing home, due to a non -conformity that happened 35 years ago. (View of existing setback) Staff Report Prepared by: Paul Bolin VAR #99-26 Analysis Paul & Virginia Blake, petitioners, are seeking a variance to reduce the required side yard setback from 10' to 9'3" in order to correct an existing non -conformity at 4110 Main Street NE. In 1965, the petitioners home was built 9'.3" from the side lot line. In order to correct this non- conformity, and in order to construct a three season addition onto the home, a variance to recognize 9'3" as the required side yard setback for this property is necessary. The City's policy has been to correct non -conformities when owners apply for any City permits. It would cause great hardship to require a property owner to remove their existing home, due to a non -conformity that happened 35 years ago. Therefore, staff recommends approval of the variance request. Staff Recommendation City Staff recommends approval of this variance request, with stipulation. The need for the variance is due to the way the home was originally located in 1965, and not the result of the actions of the petitioner. This request is also within previously granted dimensions. VAR #98-05 150 Talmadge Way a Reduced side yard setback to 4.4'. VAR #97-10 6654 East River Road a Reduced side yard setback to 6'. Stipulations 1. All necessary permits shall be obtained from the City prior to construction of addition. _10-1 77 i ,.may (Front of Petitioner's home) SN 17 f jhoe CIV Vrti✓/G. t1C_� '�G �'• J' �� ���` CITY OF FRIDLEY 6431 UNIVERSITY AVENUE FRIDLEY, MN 55432 (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT VARIANCE APPLICATION FOR: Residential Commercial/Industrial Signs PROPERTY INFORMATION: site plan required for submittal, see attached Address: 1A I I 0 TT Kim S -F. Property IdentificatiQg� Number: 3o "),4 I LI Ooo3 Legal Descriptio4"Laj?-jW Block Tract/Addition Avn%-Tby5 Sur, oky si®N thl #Aa' 1&5',j Pd-' Current Zoning: Square footage/a sage: Reason for Variance: � �8 ® ' 2ZI d31I S Have you operated a usiness 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 FEE OWNER INFORMATION (as it appears on the property title) (Contract purchasers:Att&I'Jili e owners must sign this form prior to processing) NAME: �1�-� ADDRESS: O DAYTIME PHONE: k5l-'lte(6 L-SD3 SIGNATURE/DATE: MjaAv PETITIONER INFORMATION NAME: ' ADDRESS: DAYTIME PHONE: SIGNATURE/DATE: IVVVV.VVN.VNVtiAr/rVNV tiV.V.VV.V.V.V/VNVM.VV.VVV/V/YNIV'VIVN.V.VMN/rAr.l►/Y/Y.VVMNVV /V/r.VNrrV.V.VV.V.V MSV Section of City Code: FEES Fee: $100.00 for commercial, industrial, or signs:. Fee: $60.00 for residential properties: — Receipt #:,Received By: Application Numbs 'J � G.-- Scheduled Appeals Commission Date: - I Scheduled City Council Date: 16,,z. 10 Day Application Complete Notification Datel: 9-�� 60 Day Date: L/ I Sj 9 -to _T� I/ City of- Fridley Land Use Application Process' 1 60 Day Agency Action Law Application Date IjAppeals Commission Meeti 60 Day Window Starts Recommendation to Council 21-40 Days Application Complete 10 Day Notice Submit Complete Application and Materials Public Hearings: Variance Vacations Lot Splits Plats Rezonings Zoning Amendments Wetland Replacements Comprehensive Plan Special Use Permits City Council Decision Approval or Denial 50-60 Days Approved, Action Taken Letter Tabled, 60 More Days I Denied I Public Hearings: Rezonings Zoning Amendments ao cry of Fridley Community Development Department Land Use Permit Notification ® R-2-T�woPt M-2 RIanft N Soisoe� B "-N NE3-��Iftmlw myina� c z w Hoe P Pun-Rwied LKnemlopmt o P- FM A AndraMLFtYas cs S-2=prj. o ® Land Use Permit Application, VAR #99-26 LU D a1 - UxW EN I N Parow i Ld UMS Paul & Virginia Blake w X02 -w 0 C-3 -c�r,� Shopping 4110 Main Street a -m - ewow arrim CITY OF FRIDLEY PUBLIC HEARING NOTICE BEFORE THE APPEALS COMMISSION TO: Residents within 350 feet of 4110 Main Street CASE NUMBER: VAR #99-26 APPLICANT: Paul & Virginia Blake 4110 Main Street Fridley, MN 55421 Petitioner or representative must be at meeting. PURPOSE: a To reduce the required side yard setback from 10 feet to 9.3 feet to correct an existing nonconformity; and e To reduce the required side yard setback from 10 feet to 9.3 feet to allow the construction of a three -season porch LOCATION OF PROPERTYAND 4110 Main Street, Fridley, MN LEGAL DESCRIPTION: The most easterly 185 ft. of the tract of land described as follows, to -wit Lot 3, Auditor's Subdivision No. 39, except the south 85 ft. of the east 453 ft. and except the north 100 ft. of the east 185 ft. thereof, subject to easement to NSP over the west 5 ft. DATE AND TIME OF Appeals Commission Meeting, Wednesday, October 13, HEARING: 1999, 7:30 p.m. The Appeals Commission meetings are televised live the night of the meeting on Channel 35. PLACE OF Fridley Municipal Center, City Council Chambers HEARING: 6431 University Avenue HOW TO 1. You may attend hearings and testify. PARTICIPATE: You may send a letter before the hearing to Scott Hickok, Planning Coordinator, or Paul Bolin, Planner, at 6431 University Avenue N.E., Fridley, MN 55432 or fax at 571- 1287. SPECIAL Hearing impaired persons planning to attend who need an ACCOMMODATION: interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than October 6, 1999. ANY QUESTIONS: Contact Scott Hickok, Planning Coordinator, at 572-3599, or Paul Bolin, Planner, at 572-3593. Mailing Date: October 1, 1999 JENNINGS DARLENE & JOHN C 0HARLEY GARY J SAYDOS P J & MENKEN D L 10 40 1/2 AVE NE 12013 IBIS CIR NW 375 BELMONT LN E FRIDLEY, MN 55421 COON RAPIDS, MN 55433 MAPLEWOOD, MN 55117 CURRENT RESIDENT 4030 MAIN ST NE FRIDLEY, MN 55421 STEISKAL RUBY R 4050 MAIN ST NE FRIDLEY, MN 55421 KACZOR STANLEY 4120 MAIN ST NE FRIDLEY, MN 55421 BURLINGTON NORTHERN Bad Address 1 FRIDLEY, MN 0 Bad Address 4 FRIDLEY, MN PIKUS ANTHONY P & ROSELLA J 4036 MAIN ST NE FRIDLEY, MN 55421 ABBOTT JOAN E & ROEHL KAREN 4100 MAIN ST NE FRIDLEY, MN 55421 REINHOLDSON DAVID L A 4130 MAIN ST NE FRIDLEY, MN 55421 BURLINGTON NORTHERN Bad Address 2 FRIDLEY, MN 0 CURRENT RESIDENT 4042 MAIN ST NE FRIDLEY, MN 55421 BLAKE PAUL J & VIRGINIA 1 4110 MAIN ST NE FRIDLEY, MN 55421 PEASLEY RICHARD W & CINDY M 4140 MAIN ST NE FRIDLEY, MN 55421 Bad Address 3 FRIDLEY, MN 0 September 23, 1999 Mr. & Mrs. Paul Blake 4110 Main Street Fridley, MN 55432 Dear Mr. & Mrs. Blake: Per Minnesota Statute 15.99, local government units are required to notify land use applicants within 10 days if their applications are complete. We received an application for a variance on September 17, 1999. This letter serves to inform you that your application is complete. Your variance application hearing, discussion, and action will take place at the City of Fridley Appeals Commission Meeting on October 13, 1999 at 7:30 P.M. in the City Council Chambers at 6431 University Avenue. If you have any questions regarding this letter or the process, please feel free to contact me at 572-3593. Sincerely, Paul Bolin Planner PB C-99-172