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VAR 93-19GiYOF FRIDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 • (612) 571-3450 • FAX (612) 571-1287 APPEALS COMMISSION ACTION TAKEN NOTICE August 18, 1993 Thomas Phillips 4927 Oliver Avenue North Minneapolis, MN 55430 Dear Mr. Phillips: On August 17, 1993, the Fridley Appeals Commission officially approved your request for a variance, VAR X93-19, to reduce the setback of an accessory structure facing an alley from 25 feet to 19 feet and to reduce the side yard setback on the street side of a corner lot from 17.5 feet to 13 feet, to allow the construction of a detached triple car garage on Lots 29 and 30, Block 9, Hyde Park, the same being 5981 Main Street N.E. Please review and sign the Action Taken Letter below and submit one copy to the Planning Department by August 31, 1993. You have one year from the date of the Appeals Commission action to initiate construction. If you cannot begin construction in time, you must submit a letter requesting an extension at least three (3) weeks prior to the expiration date. If you have any questions regarding the above action or the need for an extension, please call the Planning Department at 571-3450. Sin erely, Mi hele McPherson Planning Assistant MM:ls Concur with action taken o COMMISSION APPLICATION REVIEW APPEALS FILE NUMBER FILE DATE MEETING DATE I FILE DESCRIPTION vAR #93-19 CIIYOF 43 7/27/93 8/17/93 5981 Main Street N.E. FRIDLE.1( qethack frm alley& _side vard se COMPLETE REVIEW CHECKLIST AND RETURN TO PLANNING DEPT. D. E. COMMENTS STAFF REPORT ICommunity Development Department REQUEST Permit Number Applicant Proposed Request Location SITE DATA Size Density Present Zoning Present Land Use(s) Adjacent Zoning Adjacent Land Use(s) Utilities Park Dedication Watershed District ANALYSIS Financial Implications Conformance to the Comprehensive Plan Compatibility with Adjacent Zoning and Uses Environmental Considerations RECOMWNDATION Staff Appeals Commission Planning Commission Author MM:ls Appeals Commission Date August 9, 1993 Planning Commission Date City Council Date VAR #93-19 Thomas Phillips Th reduce the setback of an accessory structure facing an alley from 25 ft. to 19 ft.; to reduce the side yard setback on the street side of a corner lot from 17.5 ft. to 13 ft. 5981 Main Street N.E. 10,723.77 square feet S-1, Hyde Park Residential S-1, Hyde Park to the N, S, & E; M-2, Heavy Industrial, to the W Residential to the N, S, & E; Vacant to the W Six Cities LOCATION MAP N 11P SEC. ary 6'' 21 MW A 6,S 3- n' -.92 3&J' 28 0, 15 �,ll 2 ZI 27 4 NN9 �11 3 24 GwJ 244v 7 Z4-, 24 29 zi 0 8 -Z• X0, as 9 i A 7 /e a/ /v /V 124* —18, 13 /P &J . /S ap 43 //7 v tP7 k 7--/7411 /0 1171"wH ZI 17 a -/4 - P 5 la@8 1 TH AVENUE 1 Al 2 4 4: 2 Zfv Z 4 fa 27 26 5%, •Re 0) a, Ry R, 25 0 Z.6W25 a tp 312 24-4) Ile 24LIt 7 10 1� "3 ,9 19, LL, W- 2 ui Al LJ 2! vl/ 7 ow 2i• mi. Za� 2 zo .vY'6 v); /b, l� /3 avz,10)7 'N T p lild, I..: at.J)/o 0)7 17 1 )-: 7 'i -:", 7 59TH AVENUE N.E. j 20 76 0,9 i le 09 1p 0 N 88 290) -3 �%) 0 - R6 I.- : (",IA co 27'? z N 27 41 RI �d) 4 W OI27 loo T /Z Ra j S T -4 C4 in tO N, If 1 "?5; 59 TH --As VE. N.E. *,?5,nnB WA3, Rew Ifzo/i11) ap) 2 e.2 Z, Z. kol OW 0)/z w.)gvr i N 17 17 4 N/7 "58TH // , - -, a (p/ PST AVENUE f#-. EA , 1. -2-4 1 R �8 f 7 12 — . -1 : 1 zt 0Ly AVE. PLACE U, I 7 1]. fk9 /a --I 4 i E I � � _J4 .-,* 60. ROAD PrI141C01 WR - See NG=4G2- 23 LOCATION MAP Ilk r7w Elm El 1 FTX i � Qre�l lw-1 i�ooa�vc o�=:vv■re�s�sv■tea l�� �O ! 10 DESCRIPTIONS- LOTS 29 AND .0. BLOCK 9, HY*E PARK. SCALE: I " - ZQ 1 eby certify thal this is _a _tr.ue;:and.corcecrepresentation of a surve indar i es of the I and above dem cr;i:b;ed .t and.'.of.-.: the.. l oca t i on o.f a I I bu I l d i _t ho.-or,n ani a 1_t v i ci hl o unrr6ArchmAn t c I F Anv f rnm nr nn said I ate, SITE PLAN Staff Report VAR #93-19, 5981 Main Street N.E., Thomas Phillips Page 1 A. STATED HARDSHIP: "Would like to keep existing tree and use existing parking pad." B. ADMINISTRATIVE STAFF REVIEW: Request The petitioner is requesting two variances: 1. To reduce the setback of an accessory structure from an alley from 25 feet to 19 feet 2. To reduce the side corner setback of an accessory structure from 17.5 feet to 13 feet The request is for Lots 29 and 30, Block 9, Hyde Park Addition, the same being 5981 Main Street N.E. Site Located on the property is a two-family dwelling unit. There is no accessory structure on the property. The property is zoned S-1, Hyde Park, as are all properties to the north, south, and east. The property to the west is zoned M-2, Heavy Industrial. Analysis Section 205.07.03.D.(2).(c).((3)) requires that any attached or unattached accessory building which faces an alley shall be at least 25 feet from the property line. Public Purpose served by this requirement is to allow for off- street parking without encroaching on the public right-of-way and also the aesthetic consideration of the neighborhood to reduce the building "line of sight" encroachment into the neighbor's front yard. Section 205.07.03.D.(2).(c).((1)) requires that the side yard setback on the street side of a corner lot shall not be less than 17 1/2 feet. Public purpose served by this requirement is to maintain a higher degree of traffic visibility and to reduce the "line of sight" encroachment into the neighbor's front yard. Staff Report VAR #93-19, 5981 Main Street N.E., Thomas Phillips Page 2 The petitioner is proposing to construct a three -stall garage. There is an existing driveway pad which the petitioner proposes to utilize in constructing the accessory structure. The petitioner is also attempting to preserve a mature tree located in the rear yard. There is adequate room on site to meet both setback requirements. If the accessory structure is relocated to meet or exceed the 17.5 foot setback requirement, the tree would not be impacted by the construction of the accessory building. The proposed location of the accessory structure does not adversely impact sight lines or traffic visibility. There is also adequate room to park in front of the garage without vehicles encroaching into the alley. This variance request would be consistent with similar variances previously granted. ,or I 45, CITY OF FRIDLEY 6431 UNIVERSITY AVENUE N.E. FRIDLEY, MN 55432 15 (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT VARIANCE APPLICATION FORM - site plan required for submittal; see attached Address: l Wl% Property Identification Number (PIN) Legal description: Lot ,.�, Block Tract/Addition , Current zoning: Square footage/acreage Reason for variance and hard hip: Ah g 22W Section of City Code: 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 e 77 FEE OWNER INFORMATION (as it appears on the property title) (Contract Purchasers: Fee Owngq rpust sign tris' form prior to NAME M ; SIGNATURE J Fee: $100.00 $ 60.100 for residential properties Permit VAR #. - l eceipt # 3::�anq Application received by: JWo� Scheduled Appeals Commission da 9— 1-7-91 Scheduled City Council date: TE CITY OF FRIDLEY PLAN REVIEW CHECKLIST Applicants for vacations must submit the legal description of the parcel (easement, street, etc.) to be vacated: Complete site plans, signed by a registered architect, civil engineer, landscape architect, or other design professional, to include the following: A. General: 1. Name and address of project a 2. Legal description (certificate of survey may be required) Y 3. Name, address, and telephone number of applicant, engineer, and owner of record 4. Date proposed, north arrow, scale, number of eheets, name of drawer 5. Description of intended use of site, buildings, and structures including type of occupancy and estimated occupancy load 6. Existing zoning and land use w 7. Tabulation box indicating: (i) Size of parcel in sq. ft. (ii) Gross floor area of buildings (iii) Percent of site covered by'building (iv) Percent of site covered by impervious surface (v) Percent of site covered by green area (vi) Projected number of employees_ (vii) Number of seats if intended use is'a restaurant or' place of assembly (viii) Number of parking spaces required (ix) Number of parking spaces provided including handicapped (x) Height of all buildings and structures and number of stories �p B. site Plan: 1. Property line dimensions, location of all existing and proposed structures with distance from boundaries, distance between structures, building dimensions and floor elevations 2. Grading and drainage plan showing existing natural features (topography, wetlands, vegetation, etc.) as well as proposed grade elevations and sedimentation and storm water retention ponds. Calculations for storm water detention/retention areas. 3. All existing and proposed points of egress/ingress showing widths of property lines, turning radii abutting rights-of-way with indicated center line, paving width, existing and proposed median cuts, and intersections of streets and driveways 4. Vehicular circulation system showing location and dimensions for all driveways, parking spaces, parking lot aisles, service roads, loading, areas, fire lanes, emergency access (if necessary), public and private streets, alleys, sidewalks, bike paths, direction of traffic flow, and traffic -control devices 5. Landscaping Plan 6. Location, access, and screening detail of trash enclosures 7. Location and screening detail of rooftop equipment 8. Building elevations from all directions 9. Utility plan identifying size and direction of existing water and sewer lines, fire hydrants, distance of hydrant to proposed building PUBLIC HEARING BEFORE THE APPEALS COMMISSION Notice is hereby given that the Appeals Commission of the City of Fridley will conduct a Public Hearing at the Fridley Municipal Center at 6431 University Avenue N.E. on Tuesday, August 17, 1993, at 7:30 p.m. for the purpose of: Consideration of variance request, VAR #93-19, by Thomas Phillips: Per Section 205.07.03.D.2.(c).((3)) of the Fridley Zoning Code, to reduce the setback of an accessory structure facing an alley from 25 feet to 19 feet; and Per Section 205.07.03.D.2.(c).((1)) of the Fridley Zoning Code, to reduce the side yard setback on the street side of a corner lot from 17.5 feet to 13 feet, To allow the construction of a detached triple car garage on Lots 29 and 30, Block 9, Hyde Park, the same being 5981 Main Street N.E., Fridley, Minnesota, 55432. Any and all persons desiring to be heard shall be given the opportunity at the above stated time and place. DIANE SAVAGE CHAIRPERSON APPEALS COMMISSION Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than August 10, 1993. VAR, #9-3-19, MILING LIST Mailed: 8/6/93 5981 NMN STFdOr N.E. 'Thomas Phillips Clifford Skill ngs - Robert Hosman 4927 Oliver Avenue Noxth 5925 Main Street N,E. 281 Sylvan Inane Minneapolis, MLV 55430 Fridley, MV 55432 Fridley, MLV 55432 Joseph Pilon Rabert Kxoone Resident 59 81 Main Street N. E. 5933 Main Street N; E. 5942 -- . 2nd Street N. -E. Fridley, MLV 55432 Fridley, M 55432 Fridley, rMT 55432 Burlington Northern R, R. John HurstPuL+- Resident 176 East 5th. Street 5961 Main Street N.E. 5940.r- 2nd Street N.E. St. Paul, DMT 55101 Fridley, MLV '55432 Fridley, MN 55432 Simer Punp John Chura Jerzy MMurlin 5960 Main Street N.E.. 5973 Main. Street' N E. ..250 Sylvan Lane Fridley, DST 55432 Fridley, MV' ' 55432 Fridley, MV 55432 Ellen Smith. Resident, . Resident 6012 2nd Street N.E. 5971 Main Street'N.E. 5938 - 2nd Street N.E. Fridley, MV 55432, Fridley, MIST 55432 Fridley, M 55432 Judith Rickoff Judith. Ann. Downing Resident 6008-- 2nd Street N.E. 6001 2nd .Street N.E. 5936 - 2nd Street N.E. Fridley, DMT 55432 Fridley, DMT 55432 Fridley, DMT 55432 'hams. ogler Donald .Fortune Resident 6000'. 2nd Street N.E. 6009' - 2nd Street N.E. 5938 r: 2nd, Street N.E. Fridley, MLV 55432 Fridley-, 1`MT 55432 Fridley, MN 55432 Martin Rohwedder Douglas Jones Michael Hlavinka 6007. Main Street. N.E. ..2505 Silver Lane N.E. 5932 - 2nd Street N.E. Fridley, MN 55432 Minneapolis, DMT 55421 Fridley, MN 55432 Resident, Res$,dent Kenneth Glynn 6011 -- 2nd, Street N.E. 5980 - 2nd Street N.E. 5935 - 2nd Street N.E. Fridley, M .55432 Fridley, MN - '55432 Fridley, MV 55432 STAR, #93-19. . 5981 Main Street N.E. Mailing hist (cant.) Diane Savage 567 Rice Creek Terrace Fridley, MSV 55432 Jdzn Bachand 5945 grid Street N.E. Fridley, M 55432 Mark Spilman 5957 2nd Sti-eet N.E. Fridley, MLS 55432 city. council city. Manager CITY OF FRIDLEY APPEALS COMMISSION MEETING, AUGUST 17, 1993 CALL TO ORDER: Chairperson Savage called the August 17, 1993, Appeals Commission meeting to order at 7:30 p.m. ROLL CALL• Members Present: Diane Savage, Larry Kuechle, Carol Beaulieu, Cathy Smith Members Absent: Ken Vos Others Present: Michele McPherson, Planning Assistant Thomas Phillips, 4927 Oliver Avenue North Wanda Kroone, 5933 Main Street N.E. Donald Carrigan, 123 Chesney Way N.E. APPROVAL OF JULY 27, 1993, APPEALS COMMISSION MINUTES: MOTION by Ms. Beaulieu, seconded by Ms. Smith, to approve the July 27, 1993, Appeals Commission minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, MOTION CARRIED UNANIMOUSLY. 1. PHILLIPS: SAVAGE DECLARED THE Per Section 205.07.03.D.2.(c).((3)) of the Fridley Zoning Code, to reduce the setback of an accessory structure facing an alley from 25 feet to 19 feet; and Per Section 205.07.03.D.2.(c)*.((1)) of the Fridley Zoning Code, to reduce the side yard setback on the street side of a corner lot from 17.5 feet to 13 feet, To allow the construction of a detached triple car garage on Lots 29 and 30, Block 9, Hyde Park, the same being 5981 Main Street N.E. MOTION by Ms. Smith, seconded by Ms. Beaulieu, to waive the reading of the public hearing notice and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:32 P.M. APPEALS COMMISSION MEETING, AUGU T 17, 1993 PAGE 2 Ms. McPherson stated this property is located at the intersection of Main Street and 60th Street. The property is zoned S-1, Hyde Park, as are all the properties to the north, south, and east. The property to the west is zoned M-2, Heavy Industrial. Ms. McPherson stated the petitioner is requesting two variances to allow the construction of a three car garage. Located on the property is a two-family dwelling unit. There is also an existing driveway pad, and the petitioner proposes to utilize the existing asphalt pad for a driveway to the proposed accessory structure. The petitioner also wants to preserve an existing tree which shades the dwelling unit. Ms. McPherson stated there is adequate room on site to meet both setback requirements; however, the variance, if granted as requested, does not adversely affect the sight lines on the property or traffic visibility and would not adversely impact the property to the east. This variance would also be consistent with similar variances previously granted. Mr. Tom Phillips stated that there is an existing tree that he would to keep. It is one of the few trees in the back yard. He stated the property also slopes up closer to the dwelling unit, and he would prefer to minimize the slope driving into the garage. By moving the garage back further on the lot to meet the setbacks, it brings the garage pretty close to the house, and he would have to asphalt more of the back yard. He believed this would ruin the appearance of the back yard. Mr. Phillips stated it is his intention to purchase the property and live in one of the dwelling units. He stated the existing asphalt pad does not appear to be in the way of the alley. There is also adequate on -street parking for guests. Ms. Wanda Kroone, 5933 Main Street, stated she does not object to the variance. However, she is concerned about the visibility coming out of the alley to the north. How will the storage of snow in the wintertime affect visibility? Ms. McPherson stated the accessory structure would be set back approximately 19 feet from the edge of the alley. The accessory structure would be directly behind the existing driveway pad, plus there is a boulevard easement in addition to the 13 foot setback proposed by the petitioner. The 25 foot vision safety triangle required by code would be maintained. If there is a vision safety problem and someone complains to the City, the City can require the property owner to remove any snow piles or other obstruction that obstructs the vision for people leaving the alley. Ms. McPherson stated that, as proposed, there is adequate room for the stacking of snow. APPEALS COMMISSION MEETING, AUGUST 17, 1993 PAGE 3 Mr. Phillips stated Ms. Kroone brought up a legitimate concern. He stated he would definitely try to stack the snow on the other side of the driveway to alleviate any vision problems. Ms. McPherson stated she believed the construction of the garage will improve the parking situation. When staff inspected the site earlier, there was a car parked diagonally across the driveway pad. With the garage, there will be an extra 24 feet so cars can pull in and have 19 feet plus the 12 foot alley to make turns and back out into the alley. MOTION by Mr. Kuechle, seconded by Ms. Smith, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:45 P.M. Mr. Kuechle stated that the hardship proposed for not moving the garage to another location on the lot is not severe; however, he believed the spirit of the code is being met as the garage will be set back quite a way from the corner and there will be a good line of sight from the alley to the street. He believed moving the garage farther away from the existing driveway pad -would adversely impact the back yard. The garage would get pretty close to the house. He stated he would vote to approve the variance. Ms. Smith agreed. She stated she did see a hardship in putting the garage closer to the house and eliminating a lot.of the back yard. Ms. Savage stated another important consideration is the existing mature tree. Ms. Beaulieu stated she agreed with the other Commission members. MOTION by Mr. Kuechle, seconded by Ms. Smith, to approve variance request, VAR #93-19, by Thomas Phillips, per Section 205.07.03.D. 2.(c).((3)) of the Fridley Zoning Code, to reduce the setback of an accessory structure facing an alley from 25 feet to 19 feet; and per Section 205.07.03.D.2.(c).((I)) of the Fridley Zoning Code, to reduce the side yard setback on the street side of a corner lot from 17.5 feet to 13 feet, to allow the construction of a detached triple car garage on Lots 29 and 30, Block 9, Hyde Park, the same being 5981 Main Street N.E. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. CONSIDERATION OF VARIANCE REQUEST, VAR #93-20, BY DONALD AND GERALDINE CARRIGAN: Per Section 205.07.03.D. (3). (a) of the Fridley Zoning Code, to reduce the rear yard setback from 25 feet to 7 feet to allow the construction of an addition on Lot 2, Chesney Acres, the same being 123 Chesney Way N.E.