VAR 04-031911933
STATE OF MINNESOTA ) APPEALS COMMISSION
PROCEEDINGS VARIANCE
COUNTY OF ANOKA )
CITY OF FRIDLEY )
In the Matter of: A Variance, VAR #04-03
Owner: Paul Cleary & J A Michels
The above entitled matter came before the Appeals Commission of the City of Fridley and was heard on the
24th day of March 24, 2004, on a petition for a variance pursuant to the City of Fridley's Zoning Ordinance, for
the following described property:
To reduce the rear yard setback from 25 feet to 20.8 to recognize an existing non -conformity, and to reduce
the rear yard setback from 25 feet to 16.4 feet to allow the construction of a 16 foot by 22 foot addition to the
existing home, legally described as Innsbruck First Addition, City of Fridley, south 88 feet of Lot 1, Block 1,
generally located at 5365 Matterhorn Drive NE.
IT IS ORDERED that a variance be granted as upon the following conditions or reasons:
Approval with two stipulations. See Appeals Commission meeting minutes of March 24, 2004.
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 day of aAAwQ. , 2004.
DRAFTED BY:
City of Fridley
6431 University Avenue N.E.
Fridley, MN 55432 Debra A. Skogen, City Cfbrk
h •+
(SEAL)
Variances are valid for a period of one year following approval and shall be considered vui'd..if. not used within
that period.
CIiYOF
FRIDLEY
FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 • (763) 571-3450 • FAX (763) 571-1287
REVISED
APPEALS COMMISSION
ACTION TAKEN NOTICE
March 25, 2004
Paul Cleary & Julie Michels
5365 Matterhorn Drive NE
Fridley MN 55421
Dear Mr. Cleary & Ms. Michels:
On Wednesday, March 24, 2004, the Fridley Appeals Commission officially approved your
Variance, VAR #04-03, to reduce the rear yard setback from 25 feet to 20.8 to recognize an
existing non -conformity, and to reduce the rear yard setback from 25 feet to 16.4 feet to allow
the construction of a 16 foot by 22 foot addition to the existing home, legally described as Lot 1,
Block 1, South 88 feet, Innsbruck First Addition, generally located at 5365 Matterhorn Drive NE.
Approval of this variance is contingent upon the following stipulations:
1. Petitioner shall obtain all necessary building permits prior to construction of an addition.
2. Addition shall be architecturally compatible with the existing home and finished with
complementary siding and color scheme.
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 763-572-3595.
i , cerely, r 2
Stacy Str, berg
Planner I
SS/jt
cc: Variance File �ar—y-FJintz.
Stacy Stromberg
Please review the above, sign the statement below and return one copy to the City of Fridley
Planning Department by April 7, 2004.
Concur with action taken.
C-04-29
fm
CIiYOE
FRIDLEY
FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 • (763) 571-3450 • FAX (763) 571-1287
APPEALS COMMISSION
ACTION TAKEN NOTICE
March 25, 2004
Paul Cleary & Julie Michels
5365 Matterhorn Drive NE
Fridley MN 55421
Dear Mr. Cleary & Ms. Michels:
On Wednesday, February 25, 2004, the Fridley City Council officially approved your Variance,
VAR #04-03, to reduce the rear yard setback from 25 feet to 20.8 to recognize an existing non-
conformity, and to reduce the rear yard setback from 25 feet to 16.4 feet to allow the
construction of a 16 foot by 22 foot addition to the existing home, legally described as Lot 1,
Block 1, South 88 feet, Insbruck First Addition, generally located at 5365 Matterhorn Drive NE.
Approval of this variance is contingent upon the following stipulations:
1. Petitioner shall obtain all necessary building permits prior to construction of an addition.
2. Addition shall be architecturally compatible with the existing home and finished with
complementary siding and color scheme.
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 763-572-3595.
Si cerely,
Stacy S i
Planner
SS/jt
cc:
Variance File --Ma—riHintz _
Stacy Stromberg
Please review the above, sign the statement below and return one copy to the City of Fridley
Planning Department by April 7, 2004.
Concur with action taken.
C-04-29
CITY OF FRIDLEY
APPEALS COMMISSION MEETING
MARCH 24, 2004
CALL TO ORDER:
Chairperson Kuechle called the March 24, 2004 Ap eals Commission meeting to order at 7:30
p.m.
ROLL CALL:
Members Present: Ken Vos, Sue Jac son and Larry Kuechle
Members Absent: Blaine Jones d Gary Zinter
Others Present: Stacy Stroy6berg, Planner
Rebecc razys, Council and Commissions Secretary
MOTION by Ms. Jacksog(, seconded by Mr. Vos, to approve the February 25, 2004 minutes as
written.
UPON A VOICE VO E, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE
MOTION CARRIEV UNANIMOUSLY.
PUBLIC HEARING: VARIANCE REQUEST, VAR #04-03. BY PAUL CLEARY &
JULIE MICHELS:
Per Section 205.07.03D (3) ((a)) of the Fridley Zoning Code, Petitioner is seeking a
variance to reduce the rear yard setback from 25 feet to 20.8 to recognize an existing
non -conformity. Per Section 205.07.03D (3) ((a)) of the Fridley Zoning Code, Petitioner
is also seeking a variance to reduce the rear yard setback from 25 feet to 16.4 feet to
allow the construction of a 16 foot by 22 foot addition to the existing home, generally
located at 5365 Matterhorn Drive NE.
MOTION by Mr. Vos, seconded by Ms. Jackson, to waive the reading and open the public
hearing at 7:32 P.M.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Ms. Stromberg, City Planner, stated the petitioners are seeking a variance to reduce the rear
yard setback from 25 feet to 20.8 feet in order to recognize an existing non -conformity. The
petitioners are also seeking a variance to reduce the rear yard setback from 25 feet to 16.4 feet
to allow the construction of a 16 ft. by 22 ft. addition off the back of their home, which is located
at 5365 Matterhorn Drive.
Ms. Stromberg explained the summary of hardship submitted by the petitioner reads "The
unique angular placement of the existing structure on the rectangular lot does not allow the
property to be put to a reasonable use. Any reasonable expansion would require a variance."
APPEALS COMMISSION MEETING MARCH 24, 2004 PAGE 2.
Ms. Stromberg stated the property receives access off of Matterhorn Circle. When the home
was built in 1961, it was placed at an angle on an almost square lot, therefore hindering the
possibility of future additions. Also, when the home was constructed, it was deficient in meeting
the required rear yard set back. Consequently, the petitioners are seeking a variance to
recognize this existing non -conformity.
Ms. Stromberg stated the code requires a rear yard setback with a depth of not less than 25 feet
for this property. The petitioners are requesting an additional variance from 25 feet to 16.4 feet
to allow the construction of a 16 by 22 foot addition on the back of the home. The existing deck
on the back of the home will be removed and the proposed addition will accommodate a
combined kitchen and family room.
Ms. Stromberg stated that the city staff has no recommendation as the variances are within
previously granted dimensions. Similar variances were granted in 2002 at 6065 McKinley Street
and in 2001 at 36 70th Way.
Ms. Stromberg stated staff recommends if this variance is approved, that the following
stipulations be included:
1. The petitioner shall obtain all necessary building permits prior to construction.
2. The addition shall be architecturally compatible with the existing home and
finished with complimentary siding and color scheme.
Petitioners Julie Michels and Paul Cleary were present and stated that Ms. Stromberg explained
the situation very well and explained that there isn't anyway they can expand their home without
a variance.
Mr. Kuechle asked if the petitioners are in agreement with the stipulations recommended by the
city staff.
The petitioners responded absolutely. They also presented a letter from neighbors Lawrence
and Gladys Palkert in support of this variance.
MOTION by Ms. Jackson, seconded by Mr. Vos, to accept this letter into the record.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Chuck Anderson, 5375 Matterhorn, (next door to petitioner) stated he has no problem with this
proposal but he asked if any of the existing trees will have to be removed. Also, he doesn't
want any damage to the roots for the oak trees in his back yard as a result of the excavation on
the petitioner's property. In addition, he is concerned about the electric lines that currently run
from the pole across his back yard to the petitioner's house. These lines are low enough that
they can be reached. He would like to see these lines buried or pushed up higher.
Mr. Cleary stated he doesn't think their excavation will affect Mr. Anderson's trees. He
understands his concerns. As far as the electric lines, he hopes to move the mast to the corner
closest to the Anderson property and have a taller mast. He stated he is certain they'll be able
to come to some agreement to address Mr. Anderson's concerns. There is one tree that is at
an angle towards their house and that will have to be removed.
MOTION by Mr. Vos, seconded by Ms. Jackson, to close the public hearing.
APPEALS COMMISSION MEETING, MARCH 24, 2004 PAGE 3
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 7:54 P.M.
Ms. Jackson stated she believes this is a reasonable request because of the construction on the
lot and since the closest neighbor does not object to the addition, she has no problem with the
petition.
Mr. Vos agreed that this is a reasonable request.
MOTION by Ms. Jackson, seconded by Mr. Vos, to approve Variance Request #04-03 to reduce
the rear yard setback from 25 feet to 20.8 to recognize an existing non -conformity and to reduce
the rear yard setback from 25 feet to 16.4 feet to allow the construction of a 16 foot by 22 foot
addition to the existing home, generally located at 5365 Matterhorn Drive NE, with the following
stipulations:
1. The petitioner shall obtain all necessary building permits prior to construction.
2. The addition shall be architecturally compatible with the existing home and
finished with compatible siding and color scheme.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Ms. Jackson asked if the city staff can assist the petitioner with the power line issues.
Ms. Stromberg responded these issues must be addressed with Xcel and Quest.
Mr. Kuechle stated there must be code requirements for the height of the electrical line.
Ms. Stromberg agreed to look into that issue and advise the petitioner.
2. UPDATE ON PLANNING COMMISSION & CITY COUNCIL ACTIONS
Ms. Stromberg stated
3. OTHER BUSINESS
Ms. Jackson announced
is submitting her letter of
ADJOURNMENT
April 14 meeting has been cancelled.
she will be moving out of Fridley in August and, therefore,
anation effective the end of July 2004.
MOTION by Ms. Jackson, seconded by Cleary, to adjourn the meeting.
UPON A VOICE VOTE, ALL VOTING AYE, HAIRPERSON KUECHLE DECLARED THE
MOTION CARRIED UNANIMOUSLY AND T MARCH 24, 2004 APPEALS COMMISSION
MEETING ADJOURNED AT 7:50 PM.
APPEALS COMMISSION MEETING, MARCH 24, 2004 PAGE 4` `
Respectfully submitted,
Rebecca Brazys
Recording Secre ry
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A
STRACT
Receipt #
Incorrect/No Reference #
Date/Time
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Document Order of
El Certified Copy/
DOCUMENT N0. ,7� �.,��0�$ g�
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Recordabiliiy
I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS FILED IN THIS OFFICE
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Filing Fees ()Q
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FOR RECORD ON
AT APR 08 2004
4:30 PM AND WAS DULY RECORDED.
Copy/Additional Pg Fees $
❑ Tax Lien/Release
FEES AND TAXES IN THE AMOUNT OF $20.00 PAID•
Well Cert Fees$
Transfer
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2004055038
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MAUREENJ. DEWNE
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❑ No Legal Description
❑ New legal Description
BY TNL
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❑ GAC
DEPUTY PROPERTY TAX ADMINISTRATOR/RECORDER/REGISTRAR OFT/TLES
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Deferred Specials
No Chance
G7YOF
FRIDLEY
FRIDLEY MUNICIPAL CENTER - 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 - (763) 571-3450 - FAX (763) 571-1287
REVISED
APPEALS COMMISSION
ACTION TAKEN NOTICE
March 25, 2004
Paul Cleary & Julie Michels
5365 Matterhorn Drive NE
Fridley MN 55421
Dear Mr. Cleary & Ms. Michels:
On Wednesday, March 24, 2004, the Fridley Appeals Commission officially approved your
Variance, VAR #04-03, to reduce the rear yard setback from 25 feet to 20.8 to recognize an
existing non -conformity, and to reduce the rear yard setback from 25 feet to 16.4 feet to allow
the construction of a 16 foot by 22 foot addition to the existing home, legally described as Lot 1,
Block 1, South 88 feet, Innsbruck First Addition, generally located at 5365 Matterhorn Drive NE.
Approval of this variance is contingent upon the following stipulations:
1. Petitioner shall obtain all necessary building permits prior to construction of an addition.
2. Addition shall be architecturally compatible with the existing home and finished with
complementary siding and color scheme.
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 763-572-3595.
i , cerely,
Stacy Stno berg
Planner
SS/jt
cc: Variance File Mary Hintz
Stacy Stromberg
Please review the above, sign the statement below and return one copy to the Cof Fridley
Planning Department by April 7, 2004.N u � "� >
Concur
C-04-29
CITY OF FRIDLEY
APPEALS COMMISSION MEETING
MARCH 24, 2004
CALL TO ORDER:
Chairperson Kuechle called the March , 2004 Appeals Commission meeting to order at 7:30
p.m.
ROLL CALL:
Members Present: Ken VoF/Sue Jackson and Larry Kuechie
Members Absent: Blainj(Jones and Gary Zinter
Others Present: Stacy Stromberg, Planner
Fjbbecca Brazys, Council and Commissions Secretary
MOTION by Ms.Jackson, seconded by Mr. Vos, to approve the February 25, 2004 minutes as
written. /
UPON A V0I9t, VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE
MOTION C RIED UNANIMOUSLY.
1. PUBLIC HEARING: VARIANCE REQUEST. VAR #04-03, BY PAUL CLEARY &
JULIE MICHELS:
Per Section 205.07.03D (3) ((a)) of the Fridley Zoning Code, Petitioner is seeking a
variance to reduce the rear yard setback from 25 feet to 20.8 to recognize an existing
non -conformity. Per Section 205.07.03D (3) ((a)) of the Fridley Zoning Code, Petitioner
is also seeking a variance to reduce the rear yard setback from 25 feet to 16.4 feet to
allow the construction of a 16 foot by 22 foot addition to the existing home, generally
located at 5365 Matterhorn Drive NE.
MOTION by Mr. Vos, seconded by Ms. Jackson, to waive the reading and open the public
hearing at 7:32 P.M.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Ms. Stromberg, City Planner, stated the petitioners are seeking a variance to reduce the rear
yard setback from 25 feet to 20.8 feet in order to recognize an existing non -conformity. The
petitioners are also seeking a variance to reduce the rear yard setback from 25 feet to 16.4 feet
to allow the construction of a 16 ft. by 22 ft. addition off the back of their home, which is located
at 5365 Matterhorn Drive.
Ms. Stromberg explained the summary of hardship submitted by the petitioner reads "The
unique angular placement of the existing structure on the rectangular lot does not allow the
property to be put to a reasonable use. Any reasonable expansion would require a variance."
r'
APPEALS COMMISSION MEETING, MARCH 24, 2004 PAGE 2 '
Ms. Stromberg stated the property receives access off of Matterhorn Circle. When the home
was built in 1961, it was placed at an angle on an almost square lot, therefore hindering the
possibility of future additions. Also, when the home was constructed, it was deficient in meeting
the required rear yard set back. Consequently, the petitioners are seeking a variance to
recognize this existing non -conformity.
Ms. Stromberg stated the code requires a rear yard setback with a depth of not less than 25 feet
for this property. The petitioners are requesting an additional variance from 25 feet to 16.4 feet
to allow the construction of a 16 by 22 foot addition on the back of the home. The existing deck
on the back of the home will be removed and the proposed addition will accommodate a
combined kitchen and family room.
Ms. Stromberg stated that the city staff has no recommendation as the variances are within
previously granted dimensions. Similar variances were granted in 2002 at 6065 McKinley Street
and in 2001 at 36 70th Way.
Ms. Stromberg stated staff recommends if this variance is approved, that the following
stipulations be included:
1. The petitioner shall obtain all necessary building permits prior to construction.
2. The addition shall be architecturally compatible with the existing home and
finished with complimentary siding and color scheme.
Petitioners Julie Michels and Paul Cleary were present and stated that Ms. Stromberg explained
the situation very well and explained that there isn't anyway they can expand their home without
a variance.
Mr. Kuechle asked if the petitioners are in agreement with the stipulations recommended by the
city staff.
The petitioners responded absolutely. They also presented a letter from neighbors Lawrence
and Gladys Palkert in support of this variance.
MOTION by Ms. Jackson, seconded by Mr. Vos, to accept this letter into the record.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Chuck Anderson, 5375 Matterhorn, (next door to petitioner) stated he has no problem with this
proposal but he asked if any of the existing trees will have to be removed. Also, he doesn't
want any damage to the roots for the oak trees in his back yard as a result of the excavation on
the petitioner's property. In addition, he is concerned about the electric lines that currently run
from the pole across his back yard to the petitioner's house. These lines are low enough that
they can be reached. He would like to see these lines buried or pushed up higher.
Mr. Cleary stated he doesn't think their excavation will affect Mr. Anderson's trees. He
understands his concerns. As far as the electric lines, he hopes to move the mast to the corner
closest to the Anderson property and have a taller mast. He stated he is certain they'll be able
to come to some agreement to address Mr. Anderson's concerns. There is one tree that is at
an angle towards their house and that will have to be removed.
MOTION by Mr. Vos, seconded by Ms. Jackson, to close the public hearing.
APPEALS COMMISSION MEETING MARCH 24 2004 PAGE 3
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 7:54 P.M.
Ms. Jackson stated she believes this is a reasonable request because of the construction on the
lot and since the closest neighbor does not object to the addition, she has no problem with the
petition.
Mr. Vos agreed that this is a reasonable request.
MOTION by Ms. Jackson, seconded by Mr. Vos, to approve Variance Request #04-03 to reduce
the rear yard setback from 25 feet to 20.8 to recognize an existing non -conformity and to reduce
the rear yard setback from 25 feet to 16.4 feet to allow the construction of a 16 foot by 22 foot
addition to the existing home, generally located at 5365 Matterhorn Drive NE, with the following
stipulations:
1. The petitioner shall obtain all necessary building permits prior to construction.
2. The addition shall be architecturally compatible with the existing home and
finished with compatible siding and color scheme.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Ms. Jackson asked if the city staff can assist the petitioner with the power line issues.
Ms. Stromberg responded these issues must be addressed with Xcel and Quest.
Mr. Kuechle stated there must be code requirements for the height of the electrical line.
Ms. Stromberg agreed to look into that issue and advise the petitioner.
2. UPDATE\ON PLANNING COMMISSION & CITY COUNCIL ACTIONS
Ms. Strom b rg stated the April 14 meeting has been cancelled.
3. OTHER BUS ESS
Ms. Jackson an ounced that she will be moving out of Fridley in August and, therefore,
is submitting her tter of resignation effective the end of July 2004.
ADJOURNMENT
MOTION by Ms. Jackson, sended by Mr. Cleary, to adjourn the meeting.
UPON A VOICE VOTE, ALL VO ING AYE, CHAIRPERSON KUECHLE DECLARED THE
MOTION CARRIED UNANIMOUS Y AND THE MARCH 24, 2004 APPEALS COMMISSION
MEETING ADJOURNED AT 7:50 P
APPEALS COMMISSION MEETING MARCH 24 2004 PAGE 4
Respectfully subm
Rebecca Bra
Recording S
City of Fridley Land Use Application
VAR #04-03 March 24, 2004
GENERAL INFORMATION SPECIAL INFORMATION
Applicant:
Paul Cleary and Julie Michels
5365 Matterhorn Drive NE
Fridley MN 55432
Requested Action:
Variance to reduce the rear yard
setback.
Existing Zoning:
R-1 (Single Family Residential)
Location:
5365 Matterhorn Drive
Size:
9,064 sq. ft. .21 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:
Section 205.07.03.D.(3)((a)) requires
a rear yard setback with a depth of
not less than twenty-five percent
(25%) of the lot depth.
Zoning History:
1959 — Lot is platted.
1961 — House is built.
Legal Description of Property:
Lot 1, Block 1, Innsbruck 1 st Addition
Public Utilities:
Home is connected.
Transportation:
Matterhorn Circle provides access to
the residence.
Physical Characteristics:
Typical suburban lot and
landscaping.
SUMMARY OF PROJECT
Petitioners, Mr. Cleary and Ms. Michels are
seeking a variance to reduce the rear yard
setback from 25 feet to 20.8 to recognize
an existing non -conformity and to reduce
the rear yard setback from 25 feet to 16.4
feet to allow the construction of a 16 ft. by
22 ft. addition to their existing home, which
is located at 5365 Matterhorn Drive.
SUMMARY OF HARDSHIP
"The unique angular placement of the
existing structure on the rectangular lot
does not allow the property to be put to a
reasonable use. Any reasonable expansion
will require a variance."
- Paul Cleary and Julie Michels
SUMMARY OF ANALYSIS
City Staff has no recommendation as
similar variances have been granted in the
past.
Similar variances granted:
• VAR #02-16 6065 McKinley Street
Variance approved to reduce the rear
yard setback from 32 feet to 14 feet.
• VAR #01-03 36 70th Way
Variance approved to reduce the rear
yard setback from 33.5 feet to 20.6 feet
to recognize an existing non -conformity.
CITY COUNCIL ACTION/ 60 DAY DATE
City Council — April 12, 2004
60 Day — April 19, 2004
Existing Home
Staff Report Prepared by: Stacy Stromberg
VAR #04-03
REQUEST
Petitioners, Paul Cleary and Julie Michels, are seeking a variance to reduce the rear
yard setback from 25 feet to 20.8 feet in order to recognize an existing non -conformity.
The petitioners are also seeking a variance to reduce the rear yard setback from 25 feet
to 16.4 feet to allow the construction of a 16 ft. by 22 ft. addition off the back of their
home, which is located at 5365 Matterhorn Drive.
SUMMARY OF HARDSHIP
"The unique angular placement of the existing structure on the rectangular lot does not
allow the property to be put to a reasonable use. Any reasonable expansion will require
a variance. "-also see attached hardship statement.
- Paul Cleary and Julie Michels
ANALYSIS
The property is zoned R-1 Single Family as are all surrounding properties. The property
is addressed off Matterhorn Drive; however, it receives access from Matterhorn Circle.
When the existing home was constructed in 1961, it was placed at an angle on an
almost square lot, therefore, hindering the possibilities of future additions. When, the
home was constructed in 1961, it was deficient in meeting the required rear yard set
back. Consequently, the petitioners are seeking a variance to recognize this existing
non -conformity.
Existing Home
CODE REQUIREMENTS
City Code requires a rear yard setback with a depth of not less than twenty-five percent
(25%) of the lot depth. In the petitioner's case, the minimum rear yard setback is 25
feet. Due to the placement of the existing home, the petitioner's are seeking a variance
to reduced the minimum rear yard setback from 25 feet to 16.4 feet to allow the
construction of a 16 ft. by 22 ft. addition off the back of their home. The existing deck
off the back of the home will be removed. The proposed addition will accommodate a
combined kitchen and family room.
Location of Proposed Addition — Rear yard setback variance
City staff has received no comments from neighboring property owners.
RECOMMENDATIONS
City Staff has no recommendation as similar variances have been granted in the past.
Similar variances granted:
• VAR #02-16 6065 McKinley Street
Variance approved to reduce the rear yard setback from 32 feet to 14 feet.
■ VAR #01-03 36 70th Way
Variance approved to reduce the rear yard setback from 33.5 feet to 20.6 feet to
recognize an existing non -conformity.
STIPULATIONS
Staff recommends that if the variances are granted, the following stipulations be
attached.
1. Petitioner shall obtain all necessary building permits prior to construction of
an addition.
2. Addition shall be architecturally compatible with the existing home and
finished with complementary siding and color scheme.
Narrative of proposed building and hardship statement;
The current structure dates from 1961 and is in good condition. The original
homeowners owned the home until 1991 when we purchased it. We propose
adding a 16' x22' addition to the back of the house. The addition will open up
our kitchen area and create a combined kitchen/ family room. The existing deck
will be removed. The addition will include a full basement underneath.
As can be seen from the survey (dated 2-11-04), the new addition will be 16.4'
from the back property line at its closest point. The placement of the original
structure already does not meet current property line rules (SE corner is
currently 20.8'from back line and lot depth is 103.2'), but of course, this was not
our choosing. It was the original homeowners who chose this unique angular
placement of the house on the rectangular lot.
In our application for this variance we identify the following_ hardships:
• We both live and work within the city of Fridley and we would like to stay in
this home. We enjoy our neighborhood and this community. In order to stay in
this home we need to update and expand the outdated 1960s kitchen and create a
main floor family room for our 21' century family. ff we cannot expand our
home, we may seek to move out of Fridley.
• The existing deck is unusable due to excessive highway noise from 1-694,
which was built after the home was constructed in 1961. (Note: the original 1960
lot survey, which is on file at the City of Fridley, identifies the road as highway
100). The backyard cannot be put to reasonable use at the present time with the
existing deck.
• The unique angular placement of the existing structure on the rectangular lot
again does not allow the property to be put to reasonable use. Any reasonable
expansion will require a variance.
• This is a single story addition on a very wooded lot; therefore, it will not alter
the character of the neighborhood.
Thank you for your consideration of our request for a variance. We look forward
to hearing from you.
Paul Cleary and Julie Michels (husband and wife)
5365 Matterhorn Drive NE
Fridley 55421
763-572-0498
Description of Materials:
(for proposed addition at 5365 Matterhorn Dr. NE)
Foundation: Concrete and concrete block
Main Structure: Wood
Siding: Metal
Roof: Asphalt shingles
P
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CITY OF FRIDLEY
6431 UNIVERSITY AVENUE
FRIDLEY, MN 55432
(763) 572-3592
COMMUNITY DEVELOPMENT DEPARTMENT
VARIANCE APPLICATION FOR:
Residential Commercial/Industrial Signs
PROPERTY INF RMATION• si pl n require for s b 'ttal, . see a ached)
Address: �, e 02
Property Identification Number.,
Legal Description: Lot / Blo_ck < Tract/Addition Fort 88 0 �M s a / S1,06klfit
w.
Current Zoning: 4 Sq are Foo g /acreage:
Reason for Variance: 311M '0 ® Gt1 e
hn •�
Have you operated a bugmiess 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 purchaserN. F e owners uWAwks,
g this form prior to processing.)
NAME: r t-
ADDRESS:e
DAYTIME PHONE: W5-5-70 SIGNATURE/DATE: IxWU
a _ 1
AV AVAINAIAVAIAVAIIVAIAVAIAIAV /VM.VV/V/�IM.VIV/.V/VAI/1/AIw//H/11/.V.VIVAVIVM/YII//V.VM/V.V/VM.V/V 1�I,VN/V.VAMVIYIY.VN.VAIA/A1V.V.V1V iY.V.VN/V.VN.V/VN
PETITIONER IkjFORMATION
NAME: o . L°a.l^LA & A
ADDRESS: r e
DAYTIME PHONE: -763-!Ta�Z= SIGNATURE/DATE:
,2 / r�
AIAVAIMAYI.IAII/1//1/.YI/1//IIVIVPIIAII/AVI.IAt/AVIV.V.VIVIV M/YIV AVAY.V.YA/1VIVIVMIVIVIVIYAIYIVAt//VAIIVAt/IVIVAIM.Y/VAIAt//VIVIVIVAl1/YIIVIVIYIIV MA//VIbIVAIM/V.V
Section of City Code:
FEES
Fee: $100.00 for commercial, industrial, or signs:
Fee: $60.00 for residential properties: Receipt #: Received By:
Application Number:i.- -®�
Scheduled Appeals Commi iss on Date: -®
Scheduled City Council Date: -t�
10 Day Application Complete Notification ate: -®
60 Day Date:
11
M
VARIANCE APPLICATION
SUBMISSION CHECKLIST
The following shall be the minimum submission requirements to the Appeals
Commission. Applications will not be accepted if the following is not submitted:
-RESIDENTIAL:
ITEM
SUBMITTED
RECEIVER'S
COMPLETE
REVIEWER'S
INITIALS
INITIALS
Completed application, with fee
(Application is considered complete if
all blanks are completed, and both fee
owner and petitioner have signed.)
Scaled certificate of survey, by a
certified surveyor, 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
hardship statement.
COMMERCIAL AND INDUSTRIAL:
ITEM
SUBMITTED
RECEIVER'S
COMPLETE
REVIEWER'S
INITIALS
INITIALS
Completed application, with fee
(Application is considered complete if
all blanks are completed, and both fee
owner and petitioner have signed.)
Scaled certificate of survey, by a
certified surveyor, 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.
CITY OF FRIDLEY
PUBLIC HEARING NOTICE
BEFORE THE APPEALS COMMISSION
TO:
All property owners/residents within 350 feet of property
generally located at 5365 Matterhorn Drive NE.
CASE NUMBER:
VAR #04-03
APPLICANT.
Paul Cleary & Julie Michels
Petitioner or representative must attend the Appeals Commission meeting.
PURPOSE.
Petitioner is requesting a variance to reduce the rear yard
setback from 25 feet to 20.8 to recognize an existing non-
conformity. Petitioner is also seeking a variance to reduce the
rear yard setback from 25 feet to 16.4 feet to allow the
construction of a 16 foot by 22 foot addition to the existing
home.
LOCATION OF
5365 Matterhorn Drive NE
PROPERTY AND
LEGAL
Lot 1, Block 1, South 88 feet, Innsbruck First Addition
DESCRIPTION:
DATE AND TIME OF
Appeals Commission Meeting:
HEARING:
Wednesday, March 24, 2004, 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 N.E., Fridley, MN
HOW TO
1. You may attend hearings and testify.
PARTICIPATE:
2. You may send a letter before the hearing to 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
ACCOMODATIONS:
Interpreter or other persons with disabilities who require
auxiliary aids should contact Roberta Collins at 763-572-3500
no later than March 17, 2004. The TDD # is 763-572-3534.
ANY QUESTIONS:
Contact Stacy Stromberg, Planner, at 763-572-3595.
City of
Fridley
City of Fridley
Public Hearing Notice
Interstate 694
Sk ood
Ela
53rd Avenue
O
LEGEND
Variance Request #04-03
5365 Matterhorn Drive NE
Petitioner: Paul Cleary & Julie Michaels
N Sources:
A Fridley Engineering
Fridley GIS
Anoka County GIS
Map Date: 3/11/04
ALBERS ARLENE M ANDERSON CHARLES W & ARLENE
1390 SKYWOOD LN NE 5375 MATTERHORN DR NE
FRIDLEYMN55421 FRIDLEYMN55421
CLEARY PAUL E & MICHELS J A DIETZ THOMAS S & BERNIECE
5365 MATTERHORN DR NE 5333 MATTERHORN CIR NE
FRIDLEYMN55421 FRIDLEYMN55421
DRIGGS CAROLE A ENGEBRETSON CLARENCE M & L
1381 SKYWOOD LN NE 5376 MATTERHORN DR NE
FRIDLEYMN55421 FRIDLEYMN55421
GRIFFITH SHIRLEY A JOHNSON DAVID & GERALDINE
5297 MATTERHORN DR NE 5291 MATTERHORN DR NE
FRIDLEYMN55421 FRIDLEYMN55421
LIPPERT ARTHUR P & MARY E MILLER RONALD D & DIANE J
5313 MATTERHORN DR NE 5316 MATTERHORN DR NE
FRIDLEYMN55421 FRIDLEYMN55421
OROURKE KEVIN S & PAMELA M PALKERT LAWRENCE L & GLADYS
5300 MATTERHORN DR NE 5343 MATTERHORN CIR NE
FRIDLEYMN55421 FRIDLEYMN55421
POLLARD JOHN B & JANET A REAVIS JAMES D & SANDRA K
1385 SKYWOOD LN NE 5323 MATTERHORN CIR NE
FRIDLEYMN55421 FRIDLEYMN55421
SCHUPIEN RICK J & JUDY K SHERER MICHAEL L & KATHE L
1391 53RD AVE NE 5332 MATTERHORN DR NE
FRIDLEYMN55421 FRIDLEYMN55421
THOMAS LUDIE M WEELDREYER JUSTIN J & LOIS
5353 MATTERHORN CIR NE 5286 MATTERHORN DR NE
FRIDLEYMN55421 FRIDLEYMN55421
c col e6 f' R -'S-i ie* -
N
1449 WINDEMERE DR NE
FRIDLEYMN55421
DOUGLIS MARJIE J
1435 WINDEMERE DR NE
FRIDLEYMN55421
ERICKSON VERDIS M & PHYLLIS
1445 WINDEMERE DR NE
FRIDLEYMN55421
JULKOWSKI STEVEN J
1453 WINDEMERE DR NE
FRIDLEYMN55421
NAGAOKA NAGANORI & MASAKO
1457 WINDEMERE DR NE
FRIDLEYMN55421
PETERSON MARY E TRUSTEE
1439 WINDEMERE DR NE
FRIDLEYMN55421
RUSCH COLLEEN K
5368 MATTERHORN DR NE
FRIDLEYMN55421
STRASSBURG JOHN W & MARY C
1386 SKYWOOD LN NE
FRIDLEYMN55421
ZAMOON JAMILLAH R & SHARIFFAH
1385 53RD AVE NE
FRIDLEYMN55421
CIlYOF
FRIDLEY
FRIDLEY MUNICIPAL CENTER - 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 - (763) 571-3450 - FAX (763) 571-1287.
March 1, 2004
Paul Cleary & Julie Michels
5365 NE Matterhorn DR
Fridley, MN 55432
Dear Paul & Julie:
Per Minnesota Statute 15.99, local government units are required to notify land use
applicants within 10 days if their land use applications are complete. Based on the
City's application schedule, we officially received an application for a variance on
February 20, 2004. This letter serves to inform you that your variance application is
complete.
Your variance hearing and discussion will take place at the City of Fridley Appeals
Commission Meeting on March 24, 2004 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 572-3599.
Sincerely,
Paul Bolin
Planning Coordinator
PB
C-04-24
CERTIFICATE OF SURVEY
FOR PAUL C L E A R Y )MEASUREMENTS SHOW IN FEET AND DECIMALS OF A FOOT)
I HEREBY CERTIFY THAT THIS SURVEY, PLAN OR REPORT KURTH SURVEYING, INC. 0 20
WAS PREPARED BY WE OR ER MY DIRECT SUPERVISION 4002 JEFFERSON ST. NE.
AND I AM A ULY ENSED L ND SURVEYOR UNDER COLUMBIA I$Hr'HTS, MN 55421
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PH pAF (763) 788-9769 FAX (76J1 788-7602
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CERTIFICATE OF SURVEY
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Lawrence and Gladys Palkert
5343 Matterhorn Cir N.E.
Fridley MN 55421
March 22, 2004
To whom it may concern:
We are preparing this letter in support of the Cleary's request for a variance on
their lot which would allow them to make a much needed addition to their home.
We have known Paul and Julie for may years initially through their staff
positions at Totino Grace High School which our children attended. We have
known them as neighbors for many years and as fellow parishioners at our church,
Immaculate Conception in Columbia Heights.
Paul and Julie have been a definite asset to our neighborhood. They have hosted
our Neighborhod Watch evenings for the past 4 or 5 years and have assisted our
block captain in getting more of the neighbors involved in this evening. We have
counted on them to keep watch on our home in our absence.
They both have been very active in our Church community at Immaculate
Conception as lectors and have been especially involved with our parish school
sharing their expertise in education as members of our parish school advisory
board.
We sincerely hope that the requested variance wil be granted and they can
proceed with the necessary addition to their home. We would hate to see them
leave the Fridley area in the event that their addition plans are rejected. They are
certainly are a family that is a asset to the community as well as good friends that
we would like very much to keep as neighbors.
Sincerely yours
Lawrence and Gladys Palkert