Loading...
VAR 89-10STATE OF MINNESOTA COUNTY OF ANOKA CITY OF FRIDLEY In the Matter of a variance, VAR #89-10 _Duane Jorgenson , Owner s 6 t a I CITY COUNCIL PROCEEDINGS VARIANCE The above entitled matter came before the City Council of the City of Fridley and was heard on the 10th day of July , 19 89 , 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 34 feet to 18 fget to allow the expansion to an existing attached garage, on Lot 1, Block 2, Sylvan Hills Plat 4, the same being 288 Mercury Drive N.E. IT IS ORDERED that a variance be granted as upon the following conditions or reasons: Approval with one stipulation. See City Council minutes of July 10, 1989 r STATE OF MINNESOTA ) COUNTY OF ANOKA ) OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) I, Shirley A. Haapala, 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 Fri d y, Min esota, in the County of Anoka on the-L.� _ day of DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 SHIRLEY A. AAAPALAj CIT . ;Bir'. Variances are valid for a period of one-year following approval *`and shall'rbe,� considered void if not used within that -period. :,` . e FRIDLEY CITY COUNCIL MEETING OF JULY 10, 1989 PAGE 16 The Council received the minutes of the Planning Comm of June 21, 1989. 5. A. CONSIDERATION OF A VARIANCE VAR #89-10. TO REDUCE THE REAR YARD SETBACK FROM 34 FEET TO 18 FEET TO ALLOW THE EXPANSION OF AN EXISTING GARAGE ON LOT 1 BLOCK 2. SYLVAN HILLS PLAT 4. THE SAME BEING 288 MERCURY DRIVE N.E. BY DUANE JORGENSON: Ms. Dacy, Planning Coordinator, stated this is a request for a variance to reduce the rear yard setback from 34 to 18 feet to allow the expansion of an existing garage at 288 Mercury Drive. She stated the Appeals Commission has recommended approval of this variance. Ms. Dacy stated staff would recommend denial of the variance because it would reduce the rear yard setback by half and there is another alternative to add on to the front which would not require a variance. She stated Mr. Jorgenson could not be present this evening and his neighbor will speak on his behalf. Mr. Herrmann, 278 Mercury Drive, stated he has a letter from the neighbors to the south of Mr. Jorgenson, the McPhillips, who felt this variance would enhance the neighborhood. The McPhillips felt they would like this addition, rather than having a detached building. MOTION by Councilman Fitzpatrick to receive the letter from the McPhillips in favor of this variance. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Ms. Dacy stated the other alternative is to construct a detached building or add onto the front of the existing garage. Councilwoman Jorgenson stated she would consider where Mr. Jorgenson is planning his expansion as a side yard rather than a front yard. Mayor Nee stated the whole presentation of the house is University Avenue even though the address is Mercury Drive. Ms. Dacy stated the petitioner intends to store a boat and other equipment so she felt the driveway would have to be widened in order to gain access. MOTION by Councilman Billings to grant Variance, VAR #89-10, with the stipulation that the appropriate hard surface driveway be constructed in conjunction with the addition. Seconded by 0 FRIDLEY CITY COUNCIL MEETING OF ABLY 10, 1969 PAGE 17 Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. B. AND DONNA TOMCZAK: Ms. Dacy, Planning Coordinator, stated this is a reques to reduce the rear yard setback from 29.8 feet to 7 feet t allow the expansion of an existing garage at 999 Overton Drive She stated in 1961, when the home was constructed on this corn r lot, the 35 foot front yard setback was observed on both etre frontages. Ms. Dacy stated in 1965, the existing garage s constructed in the required rear yard setback of 29 feet. She tated, apparently, an interpretation was made that the garage s in the side yard. Ms. Dacy stated in 1976, the Commission den' d a variance to place a pool and fence in the front yard abut ing 68th Avenue. She stated the front yard, as defined by a code, is in reality functioning as a side yard since the ac ss and orientation of the house is toward Overton Street, the de ned side yard. She stated, consequently, the defined rear yard s in fact functioning as a side yard. Ms. Dacy stated the Appeals CommIrliance ion recommended approval of the variance and staff concurs the is warranted as everything abutting the structure is fun ioning towards Overton Drive. She stated the Appeals Commissi recommended that future accessory buildings shall be limited a maximum of 100 square feet in size. Mr. Tomczak, the petitio er, stated he needs more room and would like to add on to the rage and re -landscape. MOTION by Councilmanillings to grant Variance, VAR #89-09, with the stipulation th future accessory buildings shall be limited to a maximum of l0 square feet in size. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carr ed unanimously. 6. Councilm n Billings stated Twin City Federal came in a year ago because they wanted to do some expansion at their Fridley facility. He st ed it appears that the people from Skywood Mall and their atto ey have no desire to proceed to get these things ace6mDlished. TION by Councilman Billings to extend approval of Variance, VAR #88-09, for one year. Seconded by Councilwoman Jorgenson. Upon OFFICE OF COK'Tr Rn dh� 8TRTE OF MINNEsnTA, 4rns Ti p� w KA 1 hereby certify W theihin ins¢ru- mem was fNed in this office for record on Me AUG 11 1999 o'cbckQ M., and kWS duly recorad Cwmy ecorGer By C Community Development Department City of Fridley 6431 University Avenue N.E. :. Fridley, MN 55432 Numerical_ Grantor Grantee Recorded -, Checked =: Margin ,s i Tr. Index i� I rQ OFFICE OF COK'Tr Rn dh� 8TRTE OF MINNEsnTA, 4rns Ti p� w KA 1 hereby certify W theihin ins¢ru- mem was fNed in this office for record on Me AUG 11 1999 o'cbckQ M., and kWS duly recorad Cwmy ecorGer By C Community Development Department City of Fridley 6431 University Avenue N.E. :. Fridley, MN 55432 L155 on lo Land Surveying 6675 Highway W.65 N. 1. ' • • Sails Tesfing r /t(%/!/�(�%t%I(�E•�ll�. Minneapolis, v (/ Civil Engineering Minn. 55032Telephone 761-6066 Municipal Engineering Engineers & Surveyors Area Code 612 Mortgage Loan Survey for WALLACE NELSON ,;t MERCURY DRIVE It — 'a Q 10. %% N FOUNDATION ' Z ONLY I a N N I-, Drainap 4#171 ej v V ' fammm/ ------------ 19.95 LOT 1, BLOCK 2 W C) W W L A—j WE L"', 21 IQ 1 inch: 30 fief A4UST,1974 SYLVAN HILLS PLAT4. MOM COUNTY This is a true and correct representation o/ a survey of the boundaries of the land above described and of the location of oil buildings, if any, thereon, and all visible encroachments, if any, from or on said land. This survey is made only in connection with a mortgage lean aaw being placed on the property and no liability is assumed except to the holder of such mortgage or any other interest acquired by the reason of such mortgage. It is understood and agreed no monuments hove been placed for the purpose of establishing lot lines or boundary eo►aen. Doted 1his,'�±day of /qu w A. SUBURBAN ENGINEERING, INC. ingiec�{s a ��% � j�v�yors FRIDLEY CITY COUNCIL MEETING OF JULY 10 1989 PAGE 15 their Accessibility Guide. He stated the other $1,00,0 was to purchase a computer for the Islands of Peace Office of�NSCAH. He stated they would furnish invoices to show where funds were spent. He stated this year they are experiencing a; ifficult time in obtaining grants. Ms. Sherek, Chairman of the Human Resources ommission, stated there was a contingency in the NSCAH's application stating they may need these funds for printing the AccessibilI y Guide. She stated this process has been going on for three mo ths, but the NSCAH do not know what they need for printing c sts. She stated the Commission felt they could not reserve nds for a contingency. Ms. Sherek stated in 1988, the NSCAH al requested funding for a word processor. She stated, at that time, they were asked to attempt to find one from another sou a and felt no efforts were made in that direction. Ms. Sherek stated it was felt there was no clear plan on what was to be don with this word processor and, therefore, did not fall within the op priorities for this funding. Ms. Elaine Vangerud, Supervisor �f Outreach for ACCAP, stated she appreciated the Council's sup rt and was very sorry that Nancy Jorgenson would be leaving a the Senior Outreach Worker. She stated she hoped they can re ace her with someone who will do as good a job as she has done. Councilman Billings stat ,r he would like to commend the Human Resources Commission for very fine job. He stated he knows a lot of time and effort goe into reviewing these applications. He stated with requests o over $53,000 and only $34,000 available, it is not possible toapprove all the funding requested. MOTION by Councilor Billings to approve the recommendation submitted by the H an Resources Commission for the distribution of the 1989-90 CDB Funds. Seconded by Councilman Fitzpatrick. MOTION by Coun lman Billings to amend the Human Resources Commission reco endation by appropriating $4,034 for Family Life Mental Health enter and $4,034 for the North Suburban Counseling Center, and $ ,000 for the North Suburban Consumer Advocates for the Handicap ed. Seconded by Councilwoman Jorgenson. UPON A VOE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Nee eclared the motion carried unanimously. Mr. Blob thanked the Council for their consideration. MOTIO by Councilman Billings to adopt Resolution No. 59-1989 with the ollowing amendments: North Suburban Consumer Advocates for the Handicapped, $1,000 for the purpose of printing and the Ac ssibility Guide and/or computer purposes; Family Life Mental H lth Center, $4,034; and North Suburban Counseling Center, ,034. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETING OF JULY 10, 1969 PAGE 16 The Council received the minutes of the Planning Commission meeting of June 21, 1989. 5. ITEM FROM THE MINUTES OF THE APPEALS COMMISSION MEETING OF JUNE 13, 1989: A. CONSIDERATION OF A VARIANCE. VAR #89-10. TO REDUCE THE REAR YARD SETBACK FROM 34 FEET TO 18 FEET TO ALLOW THE EXPANSION OF AN EXISTING GARAGE ON LOT 1. BLOCK 2. SYLVAN HILLS PLAT 4. THE SAME BEING 288 MERCURY DRIVE N.E., BY DUANE JORGENSON: Ms. Dacy, Planning Coordinator, stated this is a request for a variance to reduce the rear yard setback from 34 to 18 feet to allow the expansion of an existing garage at 288 Mercury Drive. She stated the Appeals Commission has recommended approval of this variance. Ms. Dacy stated staff would recommend denial of the variance because it would reduce the rear yard setback by half and there is another alternative to add on to the front which would not require a variance. She stated Mr. Jorgenson could not be present this evening and his neighbor will speak on his behalf. Mr. Herrmann, 278 Mercury Drive, stated he has a letter from the neighbors to the south of Mr. Jorgenson, the McPhillips, who felt this variance would enhance the neighborhood. The McPhillips felt they would like this addition, rather than having a detached building. MOTION by Councilman Fitzpatrick to receive the letter from the McPhillips in favor of this variance. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Ms. Dacy stated the other alternative is to construct a detached building or add onto the front of the existing garage. Councilwoman Jorgenson stated she would consider where Mr. Jorgenson is planning his expansion as a side yard rather than a front yard. Mayor Nee stated the whole presentation of the house is University Avenue even though the address is Mercury Drive. Ms. Dacy stated the petitioner intends to store a boat and other equipment so she felt the driveway would have to be widened in order to gain access. MOTION by Councilman Billings to grant Variance, VAR #89-10, with the stipulation that the appropriate hard surface driveway be constructed in conjunction with the addition. Seconded by FRIDLEY CITY COUNCIL MEETING OF JULY 10, 1989 PAGE 17 Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. B. CONSIDERATION OF A VARIANCE VAR #89-09. TO REDUCE THE REAR YARD SETBACK FROM 29.8 FEET TO 7 FEET TO ALLOW THE EXPANSION OF AN EXISTING GARAGE ON LOT 12 BLOCK 4. BROOKVIEW TERRACE 2ND ADDITION THE SAME BEING 999 OVERTON DRIVE N.E.. BY ROBERT AND DONNA TOMCZAK: Ms. Dacy, Planning Coordinator, stated this is a request reduce the rear yard setback from 29.8 feet to 7 feet to llow the expansion of an existing garage at 999 Overton Drive. She stated in 1961, when the home was constructed on this corne lot, the 35 foot front yard setback was observed on both stree frontages. Ms. Dacy stated in 1965, the existing garage s constructed in the required rear yard setback of 29 feet. She tated, apparently, an interpretation was made that the garage s in the side yard. Ms. Dacy stated in 1976, the Commission den' d a variance to place a pool and fence in the front yard abu ing 68th Avenue. She stated the front yard, as defined by he code, is in reality functioning as a side yard since the ac ess and orientation of the house is toward Overton Street, the de ined side yard. She stated, consequently, the defined rear yard is in fact functioning as a side yard. Ms. Dacy stated the Appeals Comm'ssion recommended approval of the variance and staff concurs the ariance is warranted as everything abutting the structure is fun tioning towards Overton Drive. She stated the Appeals Commissi n recommended that future accessory buildings shall be limited o a maximum of 100 square feet in size. Mr. Tomczak, the petitio er, stated he needs more room and would like to add on to the rage and re -landscape. MOTION by Councilman illings to grant Variance, VAR #89-09, with the stipulation tha future accessory buildings shall be limited to a maximum of 100 square feet in size. Seconded by Councilwoman Jorgenson. Upon ' voice vote, all voting aye, Mayor Nee declared the motion carr' d unanimously. 6. CONS DE TION OF AN EXTENSION OF VARIANCE APPROVAL FOR TWIN Councilma Billings stated Twin City Federal came in a year ago because ey wanted to do some expansion at their Fridley facility. He sta ed it appears that the people from Skywood Mall and their atto ey have no desire to proceed to get these things j cc plished. ION by Councilman Billings to extend approval of Variance, VAR 88-09, for one year. Seconded by Councilwoman Jorgenson. Upon FRIDLEY CITY COUNCIL MEETING OF JULY 10, 1989 PAGE 18 a voice vote, all voting aye, Mayor Nee declared the motion carr unanimously. Councilman Billings stated when Twin City Federal applied or the variances, it was found that the owners of Skyw/,as e prior obligations to the City which they had not fulfstated if they have not done what was promised, he is pmove to rescind their certificates of occupancy and licrder to get their attention. He stated the owners of Skare not fulfilling their obligations and creating a hardwin City Federal cannot proceed with their expansion whilleviate some of the traffic problems in the area. Ms. Dacy stated some of the outstanding items re enclosure of the trash compactor, completion of the parking 1 t, and landscaping. Councilwoman Jorgenson stated the handicapp d parking is definitely lacking at the Skywood Mall, as these arking spaces are very limited. Mr. Herrick, City Attorney, stated fro the letter from Briggs and Morgan dated June 16, 1989, it appe rs Skywood Mall is in some bankruptcy or receivership. He st ted he did not know to what extent that complicates matters. H stated in the second paragraph of the letter, there is some indic tion the attorney is not going to do anything until he gets the proval of the owners of Skywood and the receivership appointed y the court, Towle Company, and then also makes reference to the City. He stated it looks like the City would be dealing with a er of different people and this may be part of the problem. a stated it may be that the owners of the property, if they are 'n receivership, do not have authority to do anything. Councilman Billings stat someone has authority to collect the rents but, apparently, t re is no mechanism for anything else that needs to be done. He st ted he would request staff, in conjunction with the City Attorn , to send a letter to someone with the authority to get the a things accomplished. He stated he would like to see some pos tive steps taken with Twin City Federal. 7. RECEIVING PETITION NO. 10 - Mr. FloraVdapprove is Works Director, stated Dahl & Associates, Inc. has petitthe City to allow the installation of a monitoring well on roperty near the Jet Station at 7600 University Avenue. ted staff would recommend the Council receive the petition the placement of a monitoring well in the boulevardthe condition that the City be held harmless and be providedopies of the reports on this monitoring. CITY OF FRIDLEY 6431 UNIVERSITY AVE. ",E. FRIDLEY,. MN 55432 (612)'571-3450 VARIANrli REQUEST 12neo Cr y VARIANCE # - I C) FORM A6 VARIANCE FEE n- RECEIPT *5 g y6p PROPERTY INFORMATION SCHEDULED APPEALS FETING DATE. PROPERTY ADDRESS-? 9 d e r - LEGAL DESCRIPTION: LOT �_ BLOCKa TRACT/ADDITION PRESENT ZONING VARIANCE REQUEST(S): Attach a plat or survey, of the property showing building, variance(s), where applicable. List specific hardships) which require the variance(s): *,I*% if i fel + FEE OWNER INFORMATION ��*�t��s�rf��se•*fa�rfn�e+rofe�e�e NAME (please print) D wade`�J n o kSo"r► PHONE - T�Iq4r ADDRESS SIGNATURE Note to ifff:iif* PETITIONER INFORMATION fDATE !-!�E— I 0�f�#�°�i#a�if�i�if�;ffaa NAME (please print) PHONE ADDRESS SIGNATURE DATE aff�rffs�fsf�s�fs�r�f�f;�fs�ffs��f*�����rff����r�r�r��r•�s��r+r�r�sf��ffs�r�r�f#�#fsf#�f�r�s��rs APPEALS COMMISSION: APPROVED DENIED DATE CITY COUNCIL: STIPULATIONS: APPROVED DENIED DATE WT The'petitioner hereby understands that: 1. The City will notify all residents and owners of property within 200 feet of said property. 2.. This application must be signed by all owners of the property, or an explanation given why this is not the case. 3. Materaial for submission of a variance include: * Scaled plan showing proposed property and/or buildings if applicable. Three full suzed copies and legible 8 1/2" x 11" reduction. ScaledA peeft#inary (or final) landscape plan showing location of existing vegetation to be.saved and locations of new plant material: Species, species name (common or botanical), and condition of root (i.e. bared, balled•and burlapped, etc). Three full size copies -and legible 8 1/2" x 11'.0#eductidn. ' x Scaled preliminary (or final) grading and drainage plan showing existing and propoed contours, detention/retention ponds, drainage swales, weirs, weir details, and run off quantities. Three full > 'size copies and legible 8 1/2" it 11" reduction. ; * Floor plans,'full` size and•8`1/2" x I1" reduction. Building elevations, full size and 8 1/2" x 11" reduction. Perspective shwoing how the proposal potentially looks in the surrounding area, full size and 8 1/2" x 11" reduction. I ru op- -- J e 114 0 AZI raoe. ro k- kn k do 6? I-Vcf �Sto Y-�3f-1 'e, - /a to ),-A i Z,o a r; aL ff i-- 44,s7%� - OD o�+ 4 �A Ll lk 7��, .0 IA s -e- y)l W141tee- be -C 4W )li rd CA CA rj 0017 064 I !,v tJv:.0 G� 10 W e Y /a b r C- L/ C),-1 5 1 k, f Q alder S CIO 0-4:n rl-e h C')c CIO 95t 1'r c lvi'O A4 e � kJ c— 4-c- . COMMISSION APPLICATION REVIEW FILE NUMBER Fax DATE MEETING DATE FILE DESCRIPTION vet #89-10 CITYOF 25 5/24/89 6/13/89 2.88 Mercury Drive N.E. - rear yard FRIDLEY COMPLETE REVIEW CHECKLIST AND RETURN TO PLANNING DEPT. ❑ BARB D. OMICHELE M. MARK W, JOHN F. c o M. M. 4-Z- 0 JIM H. IEjBOB Aj&- I COMMENTS 4w 60,1 cz— ®'� I'lk ':4/ k—""/ 7 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 Community Education Center at 6085 Seventh Street N.E. on Tuesday, June 13, 1989, at 7:30 p.m. for the purpose of: Consideration of a variance request, VAR #89- 10, by Duane Jorgenson, pursuant to Section 205.07.03.D.(3).(a) of the Fridley City Code to reduce the required rear yard setback from 34 feet to 18 feet to allow the expansion of an existing attached garage on Lot 1, Block 2, Sylvan Hills Plat 4, the same being 288 Mercury Drive 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. ALEX BARNA CHAIRPERSON APPEALS COMMISSION Note: The Appeals Commission will have the final action on this request unless there are objections from surrounding neighbors, the City Staff, or the petitioner does not agree with the Commission's decision. If any of these events occur, the request will continue to the City Council through the Planning Commission with only a recommendation from the Appeals Commission. Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. City Council Members City Manager Alex Barna, Chairperson Appeals Cmunission 560 Hugo Street N.E. Fridley, MST Duane Jorgenson 288 Mercury Drive N.E. Fridley, MN 55432 Fridley State Bank 6315 University Avenue N.E. Fridley,M 55432 June Wood 270 Sylvan Lane Fridley, MV 55432 R7bert Davis 280 Sylvan Lane Fridley, MV 55432 William Camp 6280 University Avenue N.E. Fridley, MV 55432 Betty Wickman 261 Sylvan Lane Fridley, My 55432 Michael Johnson 271 Sylvan Lane Fridley, MV 55432 MAILING LIST FOR VAR # 89-10 288 11brcuzy Drive N.E. Robert Hosman 281 Sylvan Lane Fridley, MQ 55432 Michael McPhillips 291 Sylvan Lane Fridley, MSV 55432 Mervin Herrmann 278 Mercury Drive Fridley, MLS 55432 James Tollefson 266 Mercury Drive Fridley, MV 55432 Clinton Ccppicus 256 Mercury Drive Fridley, MV 55432 Richard Larson 255 Mercury Drive Fridley, MN 55432 Fridley Covenant Church 6390 University Avenue N.E. Fridley, MLV 55432 Mailinq Date: 6/2/89 APPEALS COMMISSION MEETING, JUNE 13, 1989 PAGE _2 2. CONSIDERATION OF A VARIANCE REQUEST, VAR #89-10. BY DUANE JORGENSON: Pursuant to Section 205.07.03.D.(3).(a) of the Fridley City Code to reduce the rear yard setback from 34 feet to 18 feet to allow the expansion of an existing garage on Lot 1, Block 2, Sylvan Hills, Plat 4, the same being 288 Mercury Drive N.E. NOTION by Mr. Kuechle, seconded by Ms. Savage, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYEv CHAIRPERSON BARNA DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. McPherson stated this property is zoned R-1, Single Family Dwelling District, with R-1 to the south and west, Fridley Covenant Church to the north, and University Avenue to the east. Ms. McPherson stated the petitioner is proposing to construct a 16 ft. x 24 ft. addition to his existing garage and house. Currently on site is a private easement along the rear of the lot, which allows the neighbor to the west to park a mobile home RV. Ms. McPherson stated the City has had a series of corner lot rear yard variance requests in the past several weeks. On a corner lot, in determining which side is, in fact, the rear yard versus the front yard, the Code states the front yard is the shortest frontage compared to the longest frontage. In this case, the shortest frontage is on Mercury Drive, although the petitioner does have access and his garage faces the University Avenue Service Drive. The house is oriented on the site to the front, and he has a side yard setback requirement of 17 1/2 feet. The required rear yard setback is 34 feet which is actually where his existing garage now borders, so the addition to the garage would encroach into the rear yard by 16 feet. Ms. McPherson stated that in addition to the rear yard encroachment, staff did a calculation, and the addition would add square footage to the existing building which would be over the 25% maximum lot coverage by 46 sq. ft.. The maximum square footage for this lot is 2,700 sq. ft., and the addition would cause it to go to 2,746 sq. ft. This is another reason staff is recommending to the Commission that the request be denied. Also, the addition would reduce the rear yard setback and reduce the separation between buildings. Mr. Duane Jorgenson stated that regarding the square footage, it is not 2,700 sq. ft., but is 2,026 sq. ft. The garage size he is requesting is 22.6 ft. x 16 ft., not 24 ft. x 16 ft. So, the total square footage with the addition is 2,380 sq. ft., well under the 2,700 sq. ft. APPEALS COMMISSION MEETING, JUNE 13, 1989 PAGE 3 Mr. Jorgenson stated the addition will not be just another extension of the garage. The roof line will be dropped 1 ft. and set into the garage, and then the front will be set back 1-6 inches so it will look very nice, rather than one just roof all the way across. As far as building onto the front of the garage, any addition would shut off his kitchen window and the entrance to his kitchen. Mr. Jorgenson stated he does not feel like he even has a back yard. He cannot hide in his back yard like most people can from traffic, etc. It is not like most people's back yards. He has University Avenue on one side. Sometimes he feels like he has a commercial lot instead of a residential lot. If he did build a 12 ft. x 20 ft. free-standing second accessory building, it would sit out in the middle of nowhere, and it would not look good aesthetically. Mr. Jorgenson stated the addition he is proposing will add to the attractiveness of the property. He stated he is a painter, and he has electric heat in the garage to keep his painting equipment from freezing, plus he has a woodworking hobby. He also needs more garage area for his business van with freezables, his wife's car, a fishing boat, and lawn and garden equipment. He does not like things laying around outside. He likes to have things in a garage out of sight from the neighborhood. Mr. Barna stated the hardship is the configuration of the house on the lot, the fact that building the addition off to the side and closing off the kitchen window is not allowed, and the fact that additional storage space is needed for his business. Ms. Dacy stated that in recalculating the lot coverage, Mr. Jorgenson is correct. His present lot coverage is'2,026 sq. ft., and the addition is 352 sq. ft., so the lot coverage issue is no longer a concern. Mr. Mervin Herrmann, 278 Mercury Drive, stated he is the neighbor to the west with the easement. He stated is not opposed to the addition as proposed by Mr. Jorgenson. He stated he would much rather have the addition as proposed than a free-standing building. The addition as proposed with the break in the roof line would be attractive and would enhance the property. Dr. Vos asked how much room there is between Mr. Herrmann's garage and Mr. Jorgenson's garage. Mr. Herrmann stated there is 10 feet from Mr. Jorgenson's garage to the lot line, and -then there is 5+ feet from the lot line to his garage. APPEALS COMMISSION MEETING, JUNE 13, 1989 PAGE 4 Mrs. Eveline Herrmann, 278 Mercury Drive, stated she thought the addition would be very nice aesthetically, while a free-standing building would look obnoxious. Mr. Mike McPhilips, 291 Sylvan Lane, stated he owned the property directly to the south of the Jorgenson's. He agreed that a free- standing building would not look good. For this property, the addition to the garage as proposed would look better. MOTION by Ms. Savage, seconded by Mr. Ruechle, to close the public hearing. UPON A VOICE VOTE, ALL VOTING RYE, CHAIRPERSON BARNA DECLARED THE PUBLIC HEARING CLOSED AT 8:00 P.M. Mr. Ruechle stated he lives on Mercury Drive a little farther to the west. In a normal situation, he would be opposed to this addition, but in this situation, he felt the proposed plan seemed to be the best for this lot. A free-standing building would look much worse. The plan seems well thought out, and it looked like it would fit well on the lot. Staff's recommendation to bring forward the present garage has a number of disadvantages, besides the window problem. The petitioner would also lose some off-street parking which is pretty important along that street because of the University Avenue Service Drive. He would recommend approval of the variance request. Ms. Savage stated she had some initial hesitancy about this variance request, also, but after the discussion, she is convinced the variance should be approved. This area really does not function as a rear yard, because of the fact that this is a corner lot. She did not think granting the variance would violate the spirit of the Code, and she agreed the petitioner's plan is probably the best way, aesthetically, of adding onto the existing building. It will really not cut down that much of the green area, and she would recommend approval of the variance. Dr. Vos stated he had looked at what could be done as far as adding on to the front of the garage to the east. The petitioner would lose all the site lines and the whole structure of the house would change. The neighbor to the south as a free-standing garage. With another free-standing building, it would look like two little "Cinderella" houses set out there, and one is enough for this neighborhood. He would rather see the addition attached as proposed by the petitioner. Mr. Barna stated he agreed. In his years of serving on the Appeals Commission, these corner lots have been a headache, because of the Code definitions of rear yard, side yard,.and front yard. He had no objections to the approval of this variance. APPEALS COMMISSION MEETING, JUNE 13, 1989 PAGE 5 MOTION by Mr. Kuechle, seconded by Ms. Savage, to recommend to City Council approval of variance request, VAR #89-10, by Duane Jorgenson, pursuant to Section 205.07.03.D.(3).(a) of the Fridley City Code to reduce the rear yard setback from 34 feet to 18 feet to allow the expansion of an existing garage on Lot 1, Block 2, Sylvan Hills, Plat 4, the same being 288 Mercury Drive N.E. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BARNA DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Barna stated that because of staff objection, this item would go to City Council on July 10, 1989. 3. DONNA TOMCZAK: Pursuant to Sectio 205.07.03.D.(3).(a) of the Fridley City Code to reduce the r art yard setback from 29.8 feet to 7 feet to allow the expansio of an existing garage on Lot 12, Block 4, Brookview Terrace, nd Addition, the same being 999 Overton Drive N. E. TION by Ms. Savage, hearing. by Mr. Kuechle, to open the public UPON A VOICE VOTE, ALL VOTING A , CHAIRPERSON BARNA DECLARED THE PUBLIC HEARING OPEN AT 8:07 P.M. Ms. McPherson stated this proper t is located in an R-1, Single Family Dwelling District, and is rrounded by R-1. Again, the property is located on a corner lot, and the petitioner is. proposing a 10 ft. x 24 ft. addition to the existing garage. Ms. McPherson stated that in resea ching the file for this property, staff discovered that in 191 the 35 foot front yard setback requirement was observed on bot street frontages for the corner lot, even though by Code, only the shorter of the two frontages is considered the front yardn this case, the south side is clearly shorter than the west side. In 1965, the existing garage was constructed in the required re r yard setback of 29 feet. Apparently, an interpretation was ma a that the garage was in the side yard. Ms. McPherson stated that in 1976, the Appealk Commission denied a variance to place a swimming pool and fence in at is considered the front yard abutting 68th Avenue. Ms. McPherson stated staff is recommending that because of the various Code requirements that have been fol owed and the difficulty in the Code interpretation, the Commissio approve this variance. In reality, the front yard as defined b the Code is functioning as a side yard since the access and orientation of the COMMUNITY DEVELOPMENT 5 DEPARTMENT unoF FRIDLEY MEMORANDUM DATE: July 5, 1989 TO: William Burns, City Manager 'A 1a FROM: Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Variance Request, VAR #89-10, by Duane Jorgenson, to Reduce the Required Rear Yard Setback from 34 Feet to 18 Feet Attached please find the staff report for the variance request, VAR #89-10, by Duane Jorgenson. Although the Appeals Commission voted unanimously to approve the request, the request needs to be considered by the City Council because staff recommended denial (205.05.05. D. 1. a). Staff maintains its original position of denial on the basis that the request would reduce the separation between structures and the available green space. The petitioner also has an alternative that would not require a variance. MM/dn M-89-382 AW SA w® AFF REP&RT APPEALS DATE: June 13, 1989 CITY OF PLANNING COMMISSION DATE FRIDLEY CITY COUNCIL DATE: July 10, 1989 AUTHOR MM/dn REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION SITE DATA SIZE DENSITY PRESENT ZONING ADJACENT LAND USES & ZONING UTLHIES PARK DEDICATION ANALYSIS FINANCIAL IMPLICATIONS CONFORMANCE TO COMPREHENSIVE PLAN COMPATIBILITY WITH ADJACENT USES & ZONING ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMENDATION APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENDATION VAR X189-10 Duane Jorgenson To reduce the required rear yard setback from 34' to 18' 288 Mercury Drive N.E. N/A N/A R-1, Single Family Dwelling district R-1, Single Family Dwelling on S and W, Fridley Covenant Church on N. N/A N/A N/A Yes Yes N/A Denial Approval A7] Staff Report VAR #89-10, 288 Mercury Drive N.E. Page 2 A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.07.03.D.(3).(a) requires a rear yard depth of not less than 25% of the lot depth with not less than 25 feet permitted or more than 40 feet required. Public purpose served by this requirement is to provide rear yard space to be used for green areas which enhance the neighborhood and provide adequate separation between buildings. B. STATED HARDSHIP: "The existing double garage is heated. I am a painter/ paperhanger. My hobby is woodworking. I use one side for my equipment and paint storage - latex paint, wallpaper paste, drop cloths, etc., also my woodworking tools. I park my van on the other side, especially in the winter because my paint and patching material will freeze. In the addition I would like to build, I will put my wife's car, 12 ft. fishing boat, outboard motor, lawn mower, snowblower, lawn tools, 2 bicycles, 3 extension ladders, wooden box cover for air conditioner cover, etc. I cannot build free-standing building because neighbor has access rights over rear part of lot." C: ADMINISTRATIVE STAFF REVIEW: Request The petitioner, Duane Jorgenson, is proposing to construct a 16 foot x 24 foot addition onto his existing double garage located on Lot 1, Block 2, Sylvan Hills Plat 4, the same being 288 Mercury Drive. This addition would reduce the required rear yard setback from 34 feet to 18 feet. Site The parcel is located within an R-1, Single Family Residential Dwelling district. Fridley Covenant Church is to the north of the parcel. Analysis The parcel is a corner lot, with vehicular access east onto the University Avenue service drive, and the house front oriented toward Mercury Drive. The zoning ordinance defines the front of a corner lot as the lot line with the shortest dimension. It is clear from the site plan that the shorter frontage is the front yard and is functioning as such. The east side is clearly 5C Staff Report VAR #89-10, 288 Mercury Drive N.E. Page 3 functioning as a side yard, with the structure meeting the 17.5 foot required side yard setback. The petitioner has stated that there is a private easement over the rear portion of his property for access to his neighbor's property to the west. This prohibits the petitioner from constructing a detached accessory building. The petitioner has a second alternative, and that is to construct the addition onto the front of his existing garage. This would provide the petitioner with his needed space as well as honoring the code. Adequate separation between structures and adequate green space would be maintained. Recommendation Staff recommends that the Appeals Commission deny the request, VAR #89-10, by Duane Jorgenson, to reduce the required rear yard setback from 34 feet to 18 feet because it would reduce the separation between buildings and the amount of available green space. The petitioner also has an alternative that would not require a variance. APPEALS COMMISSION ACTION The Appeals Commission voted unanimously to approve the request, VAR #89-10, by Duane Jorgenson, to reduce the required rear yard setback from 34 feet to 18 feet. The minutes of the June 13, 1989 Appeals Commission meeting discuss the need for the City Council to consider a possible ordinance amendment concerning rear yard setbacks on corner lots. Staff is currently researching a potential ordinance amendment. CITY COUNCIL RECOMMENDATION Staff recommends that the City Council deny the request, VAR #89- 10, to reduce the required rear yard setback from 34 feet to 18 feet on the basis that it would reduce the separation between structures, and the amount of available green space. The petitioner also has an alternative that would not require a variance. 205.03.54. a dedicated or private street and may consist of: A. A single lot of record or a portion of a lot of record. B. A cmbination of complete lots of record and/or portions of lots of record. C. A parcel of land described by metes and bounds, provided that any subdivision of any residual lot or parcel shall meet the requirements of this Chapter. ' 45. Lot. Corner. A lot situated at the intersection of two (2) or more streets. 46. Lot Depth. 7he horizontal distance measured • between the front and rear lot lines. 47. Lot, Double Frontage. A lot with opposite lot lines on two (2) nonintersecting streets. Both street frontages shall be considered as front yard areas. 48. Lot. Frontage. the front of a lot shall be that boundary of a lot along a street right of way. If a lot is a corner lot, the front shall be the shorter lot line that abuts the street right of way, but if the dimensions of a corner lot are within ten percent (10%) of being equal, the owner may select either street lot line as the front. a r..& 7he horizontal distance between the side lot lines measured at right angles to the lot depth at a point equal to the minimum required front yard depth. 5o. Mobile Bone Park. An approved area for the parking of occupied manufactured homes. 51. Motel. A building containing guest roams, with direct access to garage or parking spaces, and which is used for the action of transient individuals. 52. Motor Vehicle. Any vehicle which is self propelled. 53. Pnnoonforming Use. Any building, structure or land lawfully occupied by a use or lawfully existing at the time of the passage of this Chapter or amendments thereto, which does not conform with the regulations of this Chapter or future amendments, for the district in which it is situated. 54. Nursing Bale. A State licensed facility used to provide care for the aged and inf iamed persons who require mmrsing care and related services. 12/87 205-7 CITY COUNCIL ACTION TAKEN NOTICE Duane Jorgenson 288 Mercury Drive N.E. Fridley, MN 55432 Dear Mr. Jorgenson: July 13, 1989 On July 10, 1989, the Fridley City Council officially approved your request for a Variance, VAR #89-10, to reduce the rear yard setback from 34 feet to 18 feet to allow the expansion of an existing garage on Lot 1, Block 2, Sylvan Hills Plat 4, the same being 288 Mercury Drive N.E., with the following stipulations: 1. An appropriate hardsurface driveway shall be installed in conjunction with construction of garage addition. If you have any questions regarding the above action, please call the Planning Department at 571-3450. Sincerely, Barbara Dacy Planning Coordinator BD/dn Please review the noted stipulations, sign the statement below and return one copy to the City of Fridley Planning Department by July 27, 1989. Concur with action taken. VAR 489-10 Duane Jorgenson .5D S //2 SEC. � 31 VAN it SYL oo h 1 *'S li, r t� fIILL -p--'l �' - • � '� F � 771 p t ; 1 P Z AUCE o :EILI E I E y<r- m; rl.W aa ' - . ! ' 41 c6Nr6Flw % 14 j SrLtwN a LAN€ p' !' 4 RCoy .DRIVE ! .,..., ` .A `•� , ` f .?N ar,.a. c.�•• , II F a� +� / b F y • d) P: ��fn ar ar in,s At Dk ORS ?" qty r)• s=. AU -'" :' �: "rSUBIVIS - I r►r �W ,� ::; ... �� t • to s •r r •(iso) a'r: pn �. !' I M) vn DRIVE14 ,r r 1 ter, 'a s .�. aL �► ?. P • 1LAORINW I" t. X 01. i < .W- •�•�• + u• .� � ^` � ±• ! to ;•Q � • ww •�,. '• , , " .� LAN 15 /„l...., .;•, r; <•tlp,,! 3 �y �t• . aV •, '. w,- lime r •tea a+�.. '0,)„ _ C iAA • S , ice• r•+•i'r �r I'aF ° A, SO LOCATION �� �i !•—ori 1 sp'�ii�l i� ii iii i��1 i 33 LOCATION MAP 0 • VAR 489-10 Duane Jorgenson 5E ' foils iosffw0 ����. Minweepelis � %��i%1/�����%i+�/ Minn. 55432 Civil Engineering municipal lagbaerIng Engineers do Surveyors Telephone Y64-6066 Aroe code 612 Mortgage Loan Survey for WALLACE NELSON MERCURY DRIVE - -5996Uj 1§ r y j e fottmenl AU u5T174 LOT I , BLOCK 2 SYLVAN. HILLS PLAT 4 COUM This is a true and uwrect representation of a survey of the boundaries of tho In" above described and of the log atien of all buildings, if any, Maroons sad ell visible encroachments, If any, from or an said land. This survey it sande only in connection with a mortgage loan now being placed on the property and me liability is assumed except to the holder of such mortgage or my other interest acquired by the meson of such mortgage. It is understood and Geread"aaneaumeets hove been placed for the purpose of establishing Mt lines her boundary earners. gated this-=- day of Awu A. D. 19 ft//tilil�flAY tYlisYat�sY� aYr SITE PLAN L3S3 Land planning s«�t��r» 6875 Ttighway No.65 N.E. Land Surveying • • //,, Minnea alis Soils Testing Jl�(r/1I�'(ll��f •J!l('. Minn. 55432 Civil Engineering Telephone 754-6066 Municipal Engineering Engineers & Surveyors Area Code 617 Mortgage Loan Survey for WALLACE NELSON MERCURY DRIVE - A•?o y�i� 0 � N ♦ O Iai o FOUNDATION ONLY I ♦ N 14 0 - r ` L4"X;r7�r V e 1� 1� Dr�ainoke f Uti/iIy *;cri fammenl ----------- ------------ -� 1 29.95 LoT 1, BLOCK 2 W c? Or W Z W 11 jc,c lQ',inch1-: 30 tet AU U5T 174 SYLVAN. HILLS PLAT 4 AN= COUNTY This is a true and correct representation of a survey of the boundaries of the land above described and of the location of all buildings, if any, thereon, and all visible encroachments, if any, from or on said land. This survey is asade only in connection with o mortgage loon aow being placed on the property and no liability is assumed eacep► to the holder of such mortgage or any other interest acquired by the reason of such mortgage. It is arsA rate" and agreed no monuments have been placed for the purpose of establishing lot lines or boundary cotysen. Dated this R;± -+ay of Iau aN A. O. 19 U. SUBURBAN ENGINEERING, INC. Engin�s �JJ � vpyors byZs [ : in f ja sz Ix iA - - - - ---------- ZIP! 1 i! ISal L -L It i411 1 Y3 '1 Y_9 CITYOF FRIDLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE (612) 571-3450 CITY COUNCIL ACTION TAKEN NOTICE July 13, 1989 Duane Jorgenson 288 Mercury Drive N.E. Fridley, MN 55432 Dear Mr. Jorgenson: On July 10, 1989, the Fridley City Council officially approved your request for a Variance, VAR #89-10, to reduce the rear yard setback from 34 feet to 18 feet to allow the expansion of an existing garage on Lot 1, Block 2, Sylvan Hills Plat 4, the same being 288 Mercury Drive N.E., with the following stipulations: ►l,l An appropriate hardsurface driveway shall be installed in conjunction with construction of garage addition - -T If you have any questions regarding the above action, please call the Planning Department at 571-3450. Sincerely, Barbara Dacy Planning Coordinator BD/dn Please review the noted stipulations, sign the statement below and return one copy to the City of Fridley Planning Department by July 27, 1989. Concur with action taken.