VAR 97-14FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 • (612) 571=3450 • FAX (612) 571-1287
APPEALS COMMISSION
ACTION TAKEN NOTICE
Silvia Castaneda
5555 Matterhorn Drive
Fridley, MN 55432
Dear Ms. Castaneda:
August 28, 1997
On August 27, 1997, the Fridley Appeals Commission officially approved your request for a
variance, VAR #97-14 to increase the encroachment of a deck in the side yard from 3 feet to 8
feet and to reduce the setback of a deck in the side yard from 5 feet to 2 feet to allow the
continuance of an existing deck on Lot 7, Block 7, Innsbruck North Addition, generally located
at 5555 Matterhorn Drive N.E., with the following stipulation:
1. The petitioner shall execute and record against the property an agreement stating that any
future enclosure of the deck shall be no closer to the north property line than the required 10
foot setback and that if the deck is removed and reconstructed, it shall be constructed in a
manner which conforms with the ordinance requirements.
Staff will draft the agreement and mail a copy to you for your review and approval sometime in
late September.
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 weeks prior to the expiration date.
If you have any questions regarding the above action, please call me at 572-3593.
Sincerely,
J:
Mi 'hele McPherson
Planning Assistant
I818p[?
Please review the above, sign below, and return the original to the City of Fridley Planning »w
Department by September 12, 1997.
Concur with action taken.
CITY OF FRIDLEY
APPEALS COMMISSION MEETING, AUGUST 27, 1997
ROLL CALL:
Vice -Chairperson Beaulieu called the August 26, 1997, Appeals Commission meeting to
order at 7:30 p.m.
ROLL CALL:
Members Present: Carol Beaulieu, Ken Vos, Terrie Mau 1'
Members Absent: Larry Kuechle
Others Present: Michele McPherson, Planning Assistant
Silvia Castaneda, 5555 Matterhorn Drive
Lizzu & Tyler Nasiedlak 5555 Matterhorn Drive
APPROVAL OF AUGUST 13 1997 APPEALS COMMISSION MINUTES:
MOTION_ by Ms. Mau, seconded by Dr. Vos, to approve the August 13, 1997, Appeals
Commission minutes as written.
UPON A VOICE VOTE, ALL VOTING AYE, VICE -CHAIRPERSON BEAULIEU
DECLARED THE MOTION CARRIED UNANIMOUSLY.
PUBLIC HEARING: CONSIDERATION OF VARIANCE RE VEST VAR 7-14
BY SILVIA CASTANEDA:
Per Section 205.04.06.A.(3) of the Fridley City Code, to increase the
encroachment of a deck in the side yard from 3 feet to 8 feet and to reduce the
setback of a deck in the side yard from 5 feet to 2 feet to,allow the continuance of
anexisting deck on Lot 7, Block 7, Innsbruck North Addition, generally located at
5555 Matterhorn Drive N.E. .
MO_ TION by Dr. Vos, seconded by Ms. Mau, to waive the reading of the public hearing
notice and to open the public hearing.
UPON A VOICE VOTE, ALL VOTING AYE, VICE -CHAIRPERSON BEAULIEU
DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:33
P.M.
Ms. McPherson stated the petitioner is requesting a variance to increase the
encroachment of a deck in the side yard from 3 feet to 8 feet and to reduce setback of a
deck in the side yard from 5 feet to 2 feet. If the request is approved, this would correct
the encroachment of an existing deck in the side yard.
PPEALS COMMISSION MEETING, AUGUST 27, 1997 PAGE 2
Ms. McPherson stated the subject property is located approximately mid -block on
Matterhorn Drive between North Innsbruck Drive and East Danube Road. The property is
zoned R-1, Single Family, as are all the surrounding properties. Located on the property
is a single family dwelling unit and attached garage.
Ms. McPherson stated the deck is located in the rear yard and extends to within 2 feet of
the side property line to the north. Both the dwelling and garage were constructed in
1984. The petitioner submitted a hardship statement included in the agenda packet. In
summary, the petitioner stated the dwelling was constructed by Todd Harstad in 1984,
who was also the builder responsible for platting the original subdivision. An error was
made by the builder and represented to the property owner regarding the ultimate
placement of the dwelling on the property. There have been no issues or concerns
regarding the deck until damage to a retaining wall with the adjacent property owner and
a resulting survey revealed the nonconforming status of the deck.
Ms. McPherson stated staffs analysis has revealed that the deck was constructed after
the permit was issued for the dwelling and was constructed without a permit. There was
no separate permit for the deck and the original building plans did not reveal inclusion of
the deck as part of the dwelling construction.
Ms. McPherson stated the dwelling has a 12 foot side yard setback. A typical setback is
10 feet. The distance from the side of the dwelling to the north property line as well as
the south property line is approximately 12 feet. The deck extends 10 feet beyond the
dwelling on the north side of the property. If the deck conformed to the setback
requirements it would extend 5 feet beyond the dwelling and would have a setback of
approximately 7 feet from the side yard lot line.
Ms. McPherson stated the City does not typically require immediate correction of
nonconforming uses unless they are at the point where they need to be repaired or
reconstructed. In terms of historical requests such as this, an identical request was
granted in 1994. A condition of that request was that the deck not be enclosed. Staff is
suggesting a similar stipulation in this. instance.
Ms. McPherson stated staff has no specific recommendation because the request is
within previously granted requests. If the Appeals Commission recommends approval of
the request, staff recommends the following stipulation:
1. The petitioner shall execute and record against the property an agreement stating
that any future enclosure of the deck shall be no closer to the north property line
than the required 10 foot setback.
Ms. McPherson stated the property to the south is vacant. The dwelling to the north is
not adversely impacted but the deck does come close to the rear yard.
Ms. Beaulieu asked if the deck was constructed in 1984.
APPEALS COMMISSION MEETING, AUGUST 27,1997 12AGE 3
Ms. McPherson stated staff did not know the age of the deck because it was not
submitted as part of the original plan and the file does not show a separate permit for the
deck. The deck was either constructed shortly after or within several years of completion
of the dwelling. The petitioners are present and could better answer that question.
Dr. Vos stated part of the request is to increase the encroachment from 3 feet to 8 feet.
He asked staff to indicate that area on the site plan.
Ms. McPherson stated the code section refers to the required side yard setback. The
dwelling is 12 feet from the north property line. The code section states it cannot be any
closer than 5 feet from the side lot line.
Dr. Vos asked how much would have to be taken off the deck to bring the deck into
conformity.
Ms. McPherson stated 5 feet would have to be taken off.
Dr. Vos asked if this was considered a garage side yard or a dwelling side yard.
Ms. McPherson stated this was a dwelling side yard. The dwelling portion of the structure
has the most restrictive side yard. The garage could actually extend an additional five
feet to the north but at the point where it becomes living space the setback becomes 10
feet.
Dr. Vos asked, if the garage was not there, would it have an impact on the placement of
the deck?
Ms. McPherson stated, no.
Ms. Mau asked how this related to the landscaping and retaining wall.
Ms. McPherson the yards along this particular street have a severe slopefrom Matterhorn
Drive down to the wetland area to the east. The retaining wall in question affects the
property adjacent to the garage structure: There is another retaining wall on the
neighbors property to the north. It is difficult to see the additional landscaping because of
the slope.
Ms. Nasiedlak stated her mother, Ms. Castaneda, owns the home. She and her husband
currently live with her mother. She stated staff did a good job of setting forth their
problem and how it precipitated the need for a variance. Regarding' the age of the deck.,
the house was finished in February of 1984, but the deck could not be started at that
point. The problems with Mr. Harstad began the summer of 1984. The deck was started
but Mr. Harstad went bankrupt. Her father then contracted to have the deck completed.
They were surprised to learn that there was no permit for the deck. The deck has been
there since they moved in, since at least 1985.
APPEALS COMMISSION MEETING, AUGUST 27, 1997 PAGE 4
Dr. Vos stated that when the deck needs to be replaced, would the owners be willing to
bring the deck into conformity?
Ms. Nasiedlak stated, yes. If and when the deck needs to be rebuilt or replaced, they
would bring it into conformity with the City Code. At this time, the deck is in good shape.
It has been well maintained and regularly painted. Her one concern would be intentional
vandalism, rather than normal wear and tear. Otherwise, they have no problem.
conforming with the code.
i�
Ms. Beaulieu asked if the neighbors had any comments about the variance request.
Ms. Nasiedlak stated she spoke with the -neighbor who lives behind them and her
comment was: 'Why now? The deck has'been there for so long." Ms. Nasiedlak
explained they are taking a pro -active approach to avoid problems in the future. The
reason they are asking for a variance is because the neighbors to the north had an issue
with the deck. They have not heard any negative comments from the other neighbors.
Ms. Mau asked if the neighbor to the north was not happy with the deck.
Ms. Nasiedlak stated this began when the neighbor was not happy with the retaining wall
which they wanted to fix. Because of rain storms, the retaining walls have deteriorated.
They plan to fix the retaining walls as soon as her mother is able to afford it. They
recently re -did the driveway and cannot now afford to also do the retaining wall at this
time. The neighbors want to put in new rock walls which are quire expensive. The
argument began when they could not afford to contribute to replace the retaining wall all
the way across. Regarding the deck, they did not know there was a problem until they
received a letter from the neighbor's attorney threatening her mother to cut off part of the
deck or face being sued. That is why they came to the City.
Ms. Mau asked if the neighbors to the north had sent a letter to the City.
Ms. McPherson stated staff did not receive any calls from the neighbor. Staff is familiar
with this particular case. The Code Enforcement Officer has worked with the Castanedas
and the neighbor to the north attempting to resolve some of the issues regarding the
retaining wall.
Ms. Beaulieu stated she would like to add to the stipulation that if the deck is removed
and a new deck is built, the new deck must then conform to the code. '
Dr. Vos asked if that was automatic.
Ms. McPherson stated that once a variance is granted, it runs with the land. The variance
may be difficult to enforce when it runs with the property title. That would be a question
that would need to be answered. They have placed a similar stipulation on previous
variance cases. They also place similar stipulations on sign variances.
APPEALS COMMISSION MEETING, AUGUST 27,1997 PAGE 5
Ms. Beaulieu stated she thought that would be a good idea because this was done by
mistake.
Dr. Vos asked if there is a provision stating that when something is damaged to 50% of
the value, it must be brought into conformance.
Ms. McPherson stated that is correct. However, in granting a variance, they are in effect .;.
taking away the nonconformity. Putting .#,* stipulation on it would allow this deck to
continue to exist but would say t6the-present or future owners that if the deck becomes
damaged to 50% of its value from fire, flood, exposure, earthquake, tomado, riot or act of
God, it needs to be brought into conformance with City Code.
MOTION by Ms. Mau, seconded by Dr. Vos, to close the public hearing.
UPON A VOICE VOTE, ALL VOTING AYE, VICE -CHAIRPERSON BEAULIEU
DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:50
P.M.
Ms. Mau stated she thought it unfortunate that two neighbors have these problems. The
neighbor to the north has done some landscaping. At the same time, if the City grants a
variance for the deck and at some point the owners decide to rebuild it in the same place,
they are doing a disservice to the neighbors to the north. It is a difficult decision for that
reason. She would like to be assured that the deck will be rebuilt into conformity. The
deck has been there for many years and now it becomes a problem.
Ms. McPherson stated staff is requiring an agreement stating that any enclosures located
on the deck must be no closer than the 10 foot setback. This could be amended to
require that the owner or subsequent owner rebuild the deck at the required setback.
Dr. Vos stated the stipulation suggests that an enclosure can be no closer than 10 feet.
So the deck could still hang over.
Ms. McPherson stated, yes. The deck could be an additional 3 feet.
Dr. Vos stated in 1985 things were done that should not have happened but he does not
want that to happen for the future. It seems like it is one that could be taken care of. It is
not because of the land but because of a problem with placement on the property. He
thought there should be a stipulation to help a future buyer and the present owners make
a good faith effort. He would be against having the petitioner saw 5 feet off the existing
deck.
Ms. Beaulieu stated the stipulation could be amended to say: 'The petitioner shall
execute and record against the property an agreement stating that any future enclosure
of the deck shall be no closer to the north property line than the required 10 foot setback;
and that if the deck is removed, reconstructed, and/or becomes damaged to 50% of its
APPEALS COMMISSION MEETING AUGUST 27, 1997 PAGE 6
value from fire, flood, exposure, earthquake, tomado, riot or act of God, the deck shall be
conforming."
MOTION by Dr. Vos, seconded by Ms. Mau, to approve Variance Request, #97-14, by
Silvia Castaneda, to increase the encroachment of a deck in the side yard from 3 feet to 8
feet and to reduce the setback of a deck in the side yard from 5 feet to 2 feet to allow the
continuance of an existing deck on Lot 7, Block 7, Innsbruck North Addition, generally
located at 5555 Matterhorn Drive N.E., with the following stipulation:
1. The petitioner shall execute and record against the property an agreement stating
that any future enclosure of the deck shall be no closer to the north property line
than the required 10 foot setback; and that if the deck is removed, reconstructed,
and/or becomes damaged to 50% of its value from fire, flood, exposure,
earthquake, tomado, riot or act of God, the deck shall be conforming.
UPON A VOICE VOTE, ALL VOTING AYE, VICE -CHAIRPERSON BEAULIEU
DECLARED THE MOTION CARRIED UNANIMOUSLY.
2. UPDATE ON PLANNING COMMISSION AND CITY COUNCIL ACTIONS:
Ms. McPherson provided an update on Planning Commission and City Council actions.
OTHER BUSINESS:
Ms. McPherson stated the Appeals Commission meeting scheduled for September 10,
1997, has been canceled.
ADJOURNMENT:
MOTION by Dr. Vos, seconded by Ms. Mau, to adjourn the meeting.
UPON A VOICE VOTE, ALL VOTING AYE, VICE -CHAIRPERSON BEAULIEU
DECLARED THE MOTION CARRIED AND THE AUGUST 27, 1997, APPEALS
COMMISSION MEETING ADJOURNED,AT 7:57 P.M.
Respectfully submitted,
Lavonn Coopers •
Recording Secretary
CITY OF FRIDLEY PROJECT 4-MMARY
DESCRIPTION OF REQUEST:
The petitioner, Silvia Castaneda, requests that a variance be granted to increase the
encroachment of a deck in the side yard from 3 feet to 8 feet and to reduce the side yard
setback of the same deck from 5 feet to 2 feet. This request is to correct an existing
encroachment of a deck in the side yard on property located at 5555 Matterhorn Drive.
STATED HARDSHIP:
See attached statement dated July 31, 1997.
SUMMARY OF ISSUES:
The dwelling has a side yard setback of 12 feet. The deck extends 10 feet beyond the
dwelling (into the side yard). If the deck conformed to the Code, it would extend only 5 feet
beyond the dwelling. The City has previously granted similar requests.
The dwelling and garage were constructed in 1984. The original house plans and building
permit do not indicate the presence of a deck. Further, the City does not have a separate
permit for the deck. The deck, therefore, was constructed without a building permit or City
approval. The deck is nonconforming; however, the City does not typicallly require correction
of nonconforming structures until such time as the structure needs to be repaired or replaced.
STAFF RECOMMENDATION TO THE APPEALS COMMISSION:
As the request is similar to previously granted variances, staff has no recommendation for the
Appeals Commission. If the Commission chooses to recommend approval of the request, sta,
recommends one stipulation:
1. The petitioner shall execute and record against the property an agreement stating that any
future enclosure of the deck shall be no closer to the north property line than the required
10 foot setback.
I
GNOF
FRIDLEY
FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY. MN 55432 • (612) 571-3450 • FAX (612) 571-1287
April 24, 1992
Sylvia Castaneda
5555 Matterhorn Drive N.E.
Fridley, MN 55432
RE: Pond and Vacant Lot Abutting the Property at 5555 Matterhorn
Drive N.E.
Dear Ms. Castaneda:
This letter is to summarize and confirm the information which I
provided to you in our recent meeting and follow-up telephone
conversation. On those occasions, we discussed issues pertaining
to maintenance of the pond directly.east of your property and the
vacant lot directly south of your property. The following is a
summary of the important information relating to these issues.
1. Pond - As I stated previously, the pond located directly
east of your property is classified as a retention pond.
There is a 40 foot storm water utility easement along
your rear yard to allow for any necessary work related
to storm water concerns.
Currently, the City of Fridley does not provide any
maintenance for this pond, except for repairing defective
storm water pipes leading into the pond. However, there
is a storm water policy proposal to be considered -that,
if adopted, would result in the City treating the pond
for weeds and algae if petitioned to do so by the
abutting property owners. In this case, the City would
possibly pick up some of this cost. Please keep in mind
that this is only a proposal at the present time.
In our conversations, you have indicated an interest in
performing some improvement work along the back portion
of your property abutting the pond. Should you choose
to pursue this further, please submit a detailed plan of
your proposal to the City. We will review your proposal
and determine which agencies might have requirements or
restrictions which must be considered prior to your
project.
Sylvia Castaneda
April 24, 1992
Page 2
2. Vacant Lot - As I indicated previously, the City can work
to ensure that the vacant lot located directly south of
your property is maintained in an appropriate condition.
For example, we can require that the weeds and grass be
kept at or under 10 inches and that any brush, yard
waste, or other materials dumped on the site be removed
by the property owner. I have contacted Forrest Harstad,
the agent attempting to sell this property, and have
advised him as to the property owner's responsibilities.
It is my understanding from our conversations that there
are other issues pertaining to maintenance of this
property which may not be violations of the Fridley City
Code. For example, you stated that even when the weeds
are kept below 10 inches, the seeds spread onto your
property creating a difficult situation for you in the
maintenance of your lawn. In addition, you have
indicated that leaves are washed down the hill and
accumulate near the pond on your property. These and
other issues which involve damage or negative affects on
your property as a result of maintenance of this vacant
lot may be pursued through a civil action. You may wish
to check into this further if you feel you have incurred
costs as a result of these problems.
Please feel free to call me at 572-3595 if you have questions or
wish to discuss this matter further.
Sincerely,
Steven Barg
Code Enforcement Officer
SB:ls
CE -92-143
Project Summary
VAR #14, 5555 Matterhorn Drive
Page 2
PROJECT DETAILS
Petition For: A variance to reduce the side yard setback of a deck from 5 feet to
2 feet and to increase the encroachment of a deck in the side yard
from 3 feet to 8 feet
Location of
Property: 5555 Matterhorn Drive
Legal Description
of Property: Lot 7, Block 7, Innsbruck North Addition
Size: 10,859 square feet
Topography: Severely sloping from front to back
Existing
Vegetation: Typical shrubs, trees, sod
Existing
Zoning/Platting: R-1, Single Family; Innsbruck North Addition, 1973
Availability
of Municipal
Utilities: Connected
Vehicular
Access: Matterhorn Drive
Pedestrian
Access: N/A
Engineering
Issues: N/A
Comprehensive The Zoning and Comprehensive Plans are consistent in this
Planning Issues: location.
Public Hearing
Comments: To be taken
Project Summary
VAR #14, 5555 Matterhorn Drive
Page 3
ADJACENT SITES:
WEST: Zoning: R-1, Single Family
SOUTH: Zoning: R-1, Single Family
EAST: Zoning: R-1, Single Family
NORTH: Zoning: R-1, Single Family
Site Planning
Issues:
REQUEST:
Land Use: Residential
Land Use: Residential
Land Use: Residential
Land Use: Residential
The petitioner, Silvia Castaneda, requests that a variance be granted to increase the
encroachment of a deck in the side yard from 3 feet to 8 feet and to reduce the side
yard setback of the same deck from 5 feet to 2 feet. This request is to correct an
existing encroachment of a deck in the side yard on property located at 5555
Matterhorn Drive.
SITE DESCRIPTION/HISTORY:
The subject property is located on Matterhorn Drive, approximately mid -block between
North Innsbruck Drive and East Danube Road. Located on the subject property is a 47
ft. by 56 ft. dwelling and garage which were constructed in 1984 by Todd Harstad who
platted the property in 1973. The property is severely sloping from front to back. The
dwelling, while appearing to be one story from the street view, is a three story dwelling
with a walk -out in the rear. South of the subject property is a vacant lot.
The subject property is zoned R-1, Single Family Dwelling, as are all surrounding
properties.
ANALYSIS
Code Section
Section 205.04.06.A.(3) requires that decks not extend more than 10 feet into any
required front or rear yard setback and not more than 3 feet into any required side yard
provided they do not extend nearer than 5 feet to any lot line.
Public purpose served by this requirement is to maintain adequate open space between
structures and to allow access and maintenance along common property lines..
Project Summary
VAR #14, 5555 Matterhorn Drive
Page 4
The dwelling is located 12 feet from the common property line. The deck extends 10
feet beyond the dwelling. If the deck conformed to the ordinance, it would extend only
5 feet from the dwelling and would be set back 7 feet from the side lot line. An identical
request in 1990 required recording an agreement on the property which stated that the
deck would not be enclosed. The City has previously granted a request of this nature.
In 1984, when the City approved the building permit for the proposed dwelling, the
house plans did not reflect the deck located on the rear of the dwelling. There are no
separate permits for the deck after 1984. The nonconforming deck was recently
discovered as a result of the adjacent property owners' to the north survey and repair of
a retaining wall. The City, typically, does not require immediate correction of
nonconforming structures but requires them to be brought into compliance at the time
they need to be repaired or reconstructed.
STAFF RECOMMENDATION TO THE APPEALS COMMISSION:
As the request is similar to previously granted variances, staff has no recommendation
for the Appeals Commission. If the Commission chooses to recommend approval of
the request, staff recommends one stipulation:
1. The petitioner shall execute and record against the property an agreement stating
that any future enclosure of the deck shall be no closer to the north property line
than the required 10 foot setback
July 31, 1997
Scott J. Hickok
City of Fridley
Municipal Center
6341 University Avenue Northeast
Fridley, MN 55432
Dear Mr. Hickok:
Thank you for talking to my son regarding our problem with our neighbor. The
following is a narrative of the story behind our application for a variance:
Thirteen years ago Todd Harstad built our home and hired a sub -contractor to do
the deck and the landscaping on our property. A few years later, Mr. Harstad informed
us of an error he had made during the development of our home. We were to have 24
feet of landscaping on the north and south sides of our home. When he realized the
mistake he had made he told us that we would be loosing 12 feet of property on both
sides. As a result, we were left with approximately 12 feet of the landscaping we paid
for on both sides of our home. At that time we tried to sue Mr. Harstad for the error,
but he filed bankruptcy and left us without a remedy. Mr. Harstad, however, assured us
that although we lost 12 feet of landscaping, the deck was still on our property and that
we should not have a problem with our neighbor on the north side of our home. He
also assured as that he would not make us remove the 12 feet of landscaping on the
south side of our home which is lying on the vacant property to our south.
Mr. Harstad was right and for many years we had no problems. Approximately two
years ago, however, our current neighbor bought the home adjacent to us on the North
side. There were no problems or complaints for those two year. A few weeks ago,
however, the 24 foot retaining wall that we paid for and had built suffered some damage.
Our neighbor wanted us to give him $4000 to build a new cement retaining wall. We
said no. In response, they had their attorney send us a letter demanding us to push our
landscaping 6 inches back and to move our deck (which is wholly on our property)
back within the City of Fridley set -back standard. Currently, the fact is that our
landscaping is six inches on their property and our deck is two feet from their property
line.
5555 MATTERHORN DRIVE • FRIDLEY, MN • 55432
PHONE: 574-9124
-2— JULY 31,1997
We respectfully request that, in consideration of the aforementioned narrative, the City
of Fridley grant us a variance on our deck. It has been there for thirteen years and is not
actually on our northern neighbors property. We strongly feel that our neighbors bur trying
to force us to pay them $4000 by bringing us to court on such a frivolous claim. In
addition, we ask for some guidance on how to resolve the six inch "good faith"
encroachment which we have had for thirteen years. We truly feel like the victims of
uncontrollable circumstances and a negligent contractor who still is doing business under a
new name.
Enclosed please find a copy of the "Certificate of Survey", which should give you a
visual picture of the aforementioned complaint. Also enclosed is a copy of a blue print of
the home, pictures of the home, the variance application and our application fee.
We look forward to any consideration given us and we will attend the August 27, 1997,
Appeals Commission Meeting Thank you once again.
Sincerely,
0�
CITY OF FRIDLEY
6431 UNIVERSITY AVENUE
FRIDLEY, MN 55432
(612) 571-3450
COMMUNITY DEVELOPMENT DEPARTMENT
VARIANCE APPLICATION FOR:
Residential Commercial/Industrial Signs
site plan required for
Address: Nlo,' e -"r aY
Property Identification Number. Sia
Legal Description: Lot "'-7 Block
z. Sec. 7q. %
Tract/Addition
, see attached
Current Zoning: 5� M;l Square footage/acreage: 10,S'-7 Sy
Reason for Variance: Apel
^„ten. -7-4-
Have
7-+
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
FEE OWNER INFORMATION (as it appears on the property title)
(Contract purchasers: Fee owners must sign this form prior to processing)
NAME: ���a�wr. �, rV� awNA CA_
ADDRESS: ,- -eVA '
DAYTIME PHONE: c:�`7 41 -q i -?-cl SIGNATUR
PETITIONER INFORMATION LIZZU CASTANEDA
NAME: 7—,, ",G� A(\�� b -i LAWYER
ADDRESS: SScL
DAYTIME PHONE:' -7q---7 / Z' SIGNATUR 3550 Multifoods Tower
33 South Sixth Street
BASSFORD,
LOCKHART,
TRUESDELL
& BRIGGS,
Section of City Code: Minneapolis, Minnesota 55402-3787 P.A.
FEES Telephone: (612) 376-1651
Facsimile: (612) 333-8829
Fee: $100.00 for commercial, industrial, or si ns:
Fee: $60.00 for residential prorties: Receip
Application Number.1-1-11
Scheduled Appeals Commission Date:
Scheduled City Council Date:
10 Day Application Complete Notification Date:
60 Day Date:
City.of Fridley Land Use
Application Process
60 Day Agency Action Law
Application Date Planning Commission Meeting
60 Day Window Starts Recommendation to Council
i
21-40 Days
i
Application Complete i
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 iJ-
� L
i
i
i
i
Public Hearings:
Rezonings
Zoning Amendments
Approved, Action Taken Letter
Tabled, 60 More Days
Denied
CITY OF FRIDLEY PUBLIC HEARING NOTICE
BEFORE THE APPEALS COMMISSION
TO:
Property owners within 350 feet of 5555 Matterhorn Drive
CASE NUMBER:
VAR #97-14
APPLICANT.
Silvia Castaneda
PURPOSE:
To increase the encroachment of a deck in the side yard from 3
feet to 8 feet and to reduce the setback of a deck in the side
yard from 5 feet to 2 feet allow the continuance of an existing
deck
LOCATION OF
PROPERTY:
5555 Matterhorn Drive
LEGAL
DESCRIPTION:
Lot 7, Block 7, Innsbruck North Addition
DATE AND TIME OF
Appeals Commission Meeting:
HEARING:
Wednesday, August 27, 1997, 7:30 p.m.
The Appeals Commission meetings are televised live the night
of the meeting on Channel 35.
PLACE OF HEARING:
Fridley Municipal Center, City Council Chambers
6431 University Avenue
HOW TO
1. You may attend hearings and testify.
PARTICIPATE:
2. You may send a letter before the hearing to Scott Hickok,
Planning Coordinator, or Michele McPherson, Planning
Assistant, at 6431 University Avenue N.E., Fridley, MN
55432 or fax at 571-1287.
SPECIAL
Hearing impaired persons planning to attend who need an
ACCOMMODATIONS:
interpreter or other persons with disabilities who require
auxiliary aids should contact Roberta Collins at 572-3500 no
later than August 20, 1997.
ANY QUESTIONS:
Contact either Scott Hickok, Planning Coordinator, at 572-3599,
or Michele McPherson, Planning Assistant, at 572-3593.
Mailing Date: 8/15/97
V)`" 'E97-14
5_ Matterhorn Drive
Mailed: 8/15/97
SOLNITZKY GEORGIA A BLAKESLEE DON R & SUSAN K FERRIER DAVID R & DONNA M
OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT
1426 N INNSBRUCK DR NE 1412 N INNSBRUCK DR NE 1400 N INNSBRUCK DR NE
FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432
REKOW KENNETH E & MILLER C R
OR CURRENT RESIDENT
5610 MATTERHORN DR NE
FRIDLEY MN 55432
YIM SI HONG & YONG UI
OR CURRENT RESIDENT
5601 MATTERHORN DR NE
FRIDLEY MN 55432
GRUNKE JOHN H & JENNIFER K
OR CURRENT RESIDENT
5598 W DANUBE RD NE
FRIDLEY MN 55432
MALARK RAYMOND TERESA M
OR CURRENT RESIDENT
5595 W DANUBE RD NE
FRIDLEY MN 55432
ADAMS MARY M
OR CURRENT RESIDENT
5588 W DANUBE RD NE
FRIDLEY MN 55432
JERDE STEPHAN & JERDE KAREN
OR CURRENT RESIDENT
5570 MATTERHORN DR NE
FRIDLEY MN 55432
HOLTER DAVID F & REICH GAIL
OR CURRENT RESIDENT
5567 MATTERHORN DR NE
FRIDLEY MN 55432
LEE ROBERT B & ELSA H
OR CURRENT RESIDENT
5547 REGIS TRL NE
FRIDLEY MN 55432
ADAMS WILMER L & RUTH M
OR CURRENT RESIDENT
5603 REGIS TRL NE
FRIDLEY MN 55432
CHI YOO & JONG CHOON
OR CURRENT RESIDENT
5605 W DANUBE RD NE
FRIDLEY MN 55432
CORBETT RICHARD & JACQUELINE A
OR CURRENT RESIDENT
5591 REGIS TRL NE
FRIDLEY MN 55432
NAZIAN S W & SWENDSEN K S
OR CURRENT RESIDENT
5590 MATTERHORN DR NE
FRIDLEY MN 55432
DOOLEY CAROL J
OR CURRENT RESIDENT
5581 MATTERHORN DR NE
FRIDLEY MN 55432
OBERT HAROLD E & VIOLA M
OR CURRENT RESIDENT
5561 REGIS TRI, NE
FRIDLEY MN 55432
SPROGIS LAIMONIS & BIRUTA
OR CURRENT RESIDENT
5550 MATTERHORN DR NE
FRIDLEY MN 55432
LEMKE DENNIS F & BARBARA J
OR CURRENT RESIDENT
5548 W DANUBE RD NE
FRIDLEY MN 55432
STRAUSS OJARS S & JOANN
OR CURRENT RESIDENT
5608 W DANUBE RD NE
FRIDLEY MN 55432
NYHUS MARTHA M & MARK A
OR CURRENT RESIDENT
5600 MATTERHORN DR NE
FRIDLEY MN 55432
GARTLAND THOMAS M & BARBARA
OR CURRENT RESIDENT
5595 MATTERHORN DR NE
FRIDLEY MN 55432
AHO ROBERT E & GRETHE S
OR CURRENT RESIDENT
5577 REGIS TRL NE
FRIDLEY MN 55432
PEIFER ROBERT M & LAURIE J
OR CURRENT RESIDENT
5575 W DANUBE RD NE
FRIDLEY MN 55432
WILLIAMS SUSAN K
OR CURRENT RESIDENT
5568 W DANUBE RD NE
FRIDLEY MN 55432
LINDSTROM VIRGIL W & KAREN
OR CURRENT RESIDENT
5555 W DANUBE RD NE
FRIDLEY MN 55432
CASTANEDA SILVIA R
OR CURRENT RESIDENT
5555 MATTERHORN DR NE
FRIDLEY MN 55432
ZGUTOWICZ EUGEN & MAUREEN MORIN RONALD L & JUDITH V SCHULTZ NORMAN L & KAREN M
OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT
5530 MATTERHORN DR NE 5531 REGIS TRL NE 5535 W DANUBE RD NE
FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432
VAR #97-14
5555 Matterhorn Drive
Mailed: 8/15/97
RUMMEL CONRAD J & MARY KAY JECHOREK WILLIAM E & MARY NEWLAND JAMES I & DORAINE
OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT
5538 W DANUBE RD NE 5510 MATTERHORN DR NE 5517 REGIS TRL NE
FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432
HUFFMAN RHONA L
OR CURRENT RESIDENT
5505 W DANUBE RD NE
FRIDLEY MN 55432
TAKLO DAVID A & BARBARA J
OR CURRENT RESIDENT
5500 MATTERHORN DR NE
FRIDLEY MN 55432
MACKENTHUN STEVE & SANDRA
OR CURRENT RESIDENT
5502 W DANUBE RD NE
FRIDLEY MN 55432
FUERSTENBERG E W & J M
OR CURRENT RESIDENT
5505 MATTERHORN DR NE
FRIDLEY MN 55421
OLDS JEANNIE L
OR CURRENT RESIDENT
5468 W DANUBE RD NE
FRIDLEY MN 55432
STEPPE BRYAN W & JANET L
OR CURRENT RESIDENT
5528 W DANUBE RD NE
FRIDLEY MN 55432
KREBS HERBERT ETAL *
OR CURRENT RESIDENT
5503 REGIS TRI, NE
FRIDLEY MN 55432
KITLINSKI MICHAEL & BARBARA
OR CURRENT RESIDENT
5511 MATTERHORN DR NE
FRIDLEY MN 55432
CORGARD LEROY R & DARYL D
OR CURRENT RESIDENT
5495 W DANUBE RD NE
FRIDLEY MN 55432
LARRY KUECHLE
202 MERCURY DR
FRIDLEY MN 55432
ERICKSON R B & MAYER S K
OR CURRENT RESIDENT
5525 MATTERHORN DR NE
FRIDLEY MN 55432
HERTEL ROGER CHARLES
OR CURRENT RESIDENT
5501 W DANUBE RD NE
FRIDLEY MN 55432
HARMON ROGER C & DEBORAH A
OR CURRENT RESIDENT
5498 W DANUBE RD NE
FRIDLEY MN 55432
STURM ROBERT C & KAREN A
OR CURRENT RESIDENT
5490 MATTERHORN DR NE
FRIDLEY MN 55421
CITY COUNCIL
CITY MANAGER
CERT11#CATE OF SURVEY
FOR:
"ars+ d.
- Todd
Co.
n h
K
30
135.00
-
- --
10
i J- L
40
i
bVi�.7SPrrlb l�
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kA
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4
C De rno-io---s iron monumen-A-
1�er3a1 d,�scr�p-�-ion \xr�
-i , SNNSQRVCK NORT1-�,
Coun-t%3 J M innescr4-a.
IV- levzz)
?, B1c�c1'c
Anoka-
5yls' A )��r- 40 ("ILI
r•
hereby certify that this is a true and correct representation of a survey of Fil(
the boundaries of the above described land and of the location of all buildings, -jz
RS - GABRIEL if any, thereon, and all visible encroachments, if any, from or on said land.
URVEYORS, INC. Book
As surveyed by me this ' 31 -S--V day of M a rci, , 1977.
Harbor Lane No. -1 "
mouth MN 55441 ,,..�Le ���
ne: (612) 559-0948
1a
Minn. Reg. No. �-
X41 •'
i':
iii��f x,� �f• i.•'
1 S .
it f
1 fJ
ji
,�
r 'L.K�L1+�'� ,a•, a�'m .. f,.. k.r:le ��• wow ."
iii �' L'�� .4?',i \ ... ... - •^
AS
�Pfk� ' iilt
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y
t
�
say x, i �r t " �, �ti � � !1lWl�� sem;:. Iltllll�Ll�./1''lsJp�►�"'� i �� .�
ryN"' S 4 JC � 'L 3�� • f Jl / '
#0
I
1
6
mAWW ®Mere
FIF] HFI R
Zmft Dedgrmficm
R' -TmRarrUUift
R2 -Two Fainly Urns
VAR 97-14, %M Matterhorn Drive
N
A
Q
Q R3 - Gwomf MA*Ltft
7J2 W
IS
IP
Q R4 - Mobile Havre Paris
PUD - PlarwW Unit DeveioMwd
MS -1 -Hyde Park Neighborhood
- � I id
QQ
The
petitioner, Silvia Castaneda,&2
wnfrm oficial ecodbased
G1 -� Budnas
requests that variance be granted
=W*d
No. 70 and zonl�etfecM
Q G2 - General BWrm
G3 -General Shopping
to allow an existing deck to
date 127/56 Mgetl w with all a dn-
a,oesadop�d and dkcMas ofy� X97,
= C-RW1 -G °�°B
Q NI.1 - Lrgfrt industrial
be 2 feet from the side lot line.
Q M•2 - Heavy indU*ai
1 Ma - Outdaar intensive Heavy Ind
The City Code requires a
The Oily of FrWIW has taken every effort fm pro -
vide the nest up todate lift, on milk[a
P -
Q P - Public Faplfies
5 foot setback.
liredata presented here Is subjecttcahange.
WA's
The Qty of Fddley will not be responsible far
_WC;
Q PoGHT-0�VUAY
errors or usage of this dorarnerd.
N I
SKVVKMLNNr
M*MN ®,EN
FIF9 HH Fi
R
Zaft DesignWom
o R-2 : ���
VAR 97-14, 5555 Matterhom Drive
N
A I
0 X33 - carnal M AOS Urits
R4 - Mobile Home Parr
PUD - Planed UNt Dealapr o t
o � -
The petitioner, Silvia Castaneda,
o G, - Lmd Budrewrequests
that variance be granted
�� a� dr"n *cmc gi mooft
on Ordirtertoe IVo 10 Zona dkdive
0 G2 - General Business
l G3 -General Stepping
to allow an existing deck to
end
dame 127"x' �' a"'� °"
GM-Ge�CV�
Q Ki - Ugt t lndtatrial
be 2 feet from the side lot line.
ar,o�adoptedendefredW egaftil
0 Mr -2 - Heavy Industrial
M -3M-3 -Outdoor Intensive Reay Ind.
r•
^^;; The city Code requires a
The cry ey of Frkhes taken &my effort m
the moi Abe intorrrre itlon avec e.
RR - Railroadsvide
P a Facilities
5 foot setback.
The dEta presented hate Is Mkiedt b change.
o
The Cly of Fridley vAl not be responsible for
= RIGHT-0FWAY
u dOre.9m errors or Lsage of the dOQYTt2rd
Parcels within 350' of 5555 Matterhorn Drive
FRIDLEY MUNICIPAL CENTER - 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 - (612) 571-3450 - FAX (612) 571-1287
August 5, 1997
Silvia Castaneda
5555 Matterhorn Drive
Fridley, MN 55432
Dear Ms. Castaneda:
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. We received an
application for a variance on August 1, 1997. This letter serves to inform you that your
application is complete and that the City of Fridley will be processing your application in
accordance with Chapter 205 of the Fridley City Code. Your application schedule is as
follows:
Appeals Commission August 27, 1997
City Council approval September 8, 1997
If you have any questions regarding this letter or the process, please feel free to contact
me at 572-3593.
Sincerely,
Michele McPherson
Planning Assistant
MM:ls
C-97-148
CHECK LIST FOR AGENDA ITEMS
APPEALS
COMMISSION
PREPARED BY THE CITY OF FRIDLEY PLANNING STAFF- AUGUST 7, 1997
.;*
6 /N.
Item indexed correctly?
Has staff visited the site?
a, :l
What is the issue?
t,.,j��.
How is the issue to be
resolved?
�a
Was the petitioner's
hardship clearly stated?
qa
Was there a site history
�'' CF�1 °"
researched and
attached?
..�._ ;..
Was an aerial photo
attached?
c
What is the Appeals
a e F
Commission/ City Council
action requested?3
Are the stipulations clear?
Is the cover sheet clear?
r
Are the attachments
complete and easy to
read? (site plan,
�
landscape plan,
directional indicators, etc.)
PREPARED BY THE CITY OF FRIDLEY PLANNING STAFF- AUGUST 7, 1997
Date Created:
File Number:
Summary. of _Reques
LAND USE APPLICATION
FILE CHECKLIST
Date Submitted: Usk
Application Deadline: Ald 1/1l 10 Day Completion Notice: /1 9'7
(Official Receiving Date)
60 Day Action Date• e W. M7
I, , understand that while, my application was submitted for
.(applicant's name)
reviewon , the application deadline is: , and the
60 day`actionwindow will not begin until I receive a4etterstating ttaat.my)application is
complete.
I also understand that the City may, at anytime during the 60 day action window, in
writing, notify me that the process will be extended an additional 60 days.
(signed)
(witnessed by receiver)
Application Found Complete V" yes no
Application Completion Notices Mailed:. L 6' 4V
Scheduled Planning Commission:
Scheduled Appeals Commission:
Scheduled City Council:
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/DATE
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
1-
(0 j
adjacent lots within 10 feet of the
common lot lines.
Elevation of building and description of
materials.
Narrative of proposed buildin .
-7-
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 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:
- VARIANCE APPLICATION
SUBMISSION CHECKLIST, PAGE 2
F
SUBMITTED RECEIVER'S COMPLETE REVIEWER'S
INITIALS INITIALS
eveloped conditionting condition
sed condition
tions for excavation and/or fill.
ap: (If item is nonexistent, note
)
Water: size and type of
a. existing mains
b. existing services
c. proposed services
d. hydrants
e. valves
f. fire services
Sewer: size and type of
a. existing mains
b. existing services
C. proposed services
d. manholes and lampholes
e. elevations (inverts and top of
castings)
Storm: size and type of
a. existing mains
b. existing services
C. proposed services
d. manholes and lampholes
e. elevations (inverts and top of
castings
11f. existing catch basins
9- proposed catch basins
SIGNS:
eted application, with feeation is considered complete if
ks are completed, and both fee
and etitioner have si ned
F
SUBMITTED
RECEIVER'S
INITIALS
COMPLETE
REVIEWER'S
INITIALS/DATE
of ro osed si n.
site plan showing location of
buildin elevation if wall si n.
response to Section 214.21.02
i n Code.
24, T. 10, R. 24
C/TY OF FR/OLEY
31 �tT
42 /NN.'
(,M 63) �f1) f>7) �°) CENTER 3
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