VAR 95-19A00d,
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CITY OF FRIDLEY
6431 UNIVERSITY AVENUE N.E:
FRIDLEY, MN 55432
(612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT
VARIANCE APPLICATION FORM
PROPERTY INFORMATION - site plan required for submittal; see attached
Address: /381 /A(E
Property Identification Number (PIl� / �: �� I hi-' ���lli �� "` ✓�C .�
Legal description: 6—Lina-4-4, &
Lot Block I TracdAddition')yeltl
Current zoning: AL: #s h -T Square footag acreage 15-1. YY
Reason for variance and hardship: khld l kc 4-o AG dd 11xaf %, 6wc alkaf 3fi 4F of ]L ������
r
l,s -6 cvo'iel lug;,, en/o19 -. Section of City Code:
Have you operated a business in a city which required a business license?
Yes No X 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 AI AP AR
ADDRESS i 3�?/ ��►ss ss ��nr S�G�r !1
C- AXI -:;s?,3369-W,?st DAYTIME PHONE �5&n _C
SIGNATURE , , � DATE/
PETITIONER INFORMATION
NAME A"M'-(,A/ -
ADDRESS 39/ 10iss iSs iPPi �7T�f i Oli
,O M C -r /?ft ,1- ZY DAYTIME PHONE—
SIGNATURE 'r ' A 2ir ; DATE 0 "11j 5
Fee: $100.00 $ 60.00 for residential properties
Permit VAR #.1
Application received bar:
Scheduled Appeals Commission date.
Scheduled City Council date:
CITY OF FRIDLEY PLAN REVIEW CHECKLIST
Applicants for vacations must submit the legal description of the
parcel (easement, street, etc.) to be vacated.
complete site plans, signed by a registered architect, civil
engineer, landscape architect, or other design professional, to
Include the following:
A. General:
1.
Name and address of project
.
Legal description (certificate of
survey may be required)
3.
Name, address, and telephone
number of applicant,
engineer, and owner of record
4.
Date proposed, north arrow, scale,
number of sheets, name
of drawer
S.
Description of intended use of
site, buildings, and
structures including type of occupancy and estimated
occupancy load
6.
Existing zoning and land use
7.
Tabulation box indicating:
(i) Size of parcel in sq. ft.
(ii) Gross floor area of buildings
(iii) Percent of site covered by building
(iv) Percent of site covered by impervious surface
(v) Percent of site covered by green area
(vi) Projected number of employees
(vii) Number of seats if intended use is a restaurant or
place of assembly
(viii) Number of parking spaces required
(ix) Number of parking spaces provided including
handicapped
(x) Height of all buildings and structures and number of
stories
B. site Plan:
1. Property line dimensions, location of all existing and
proposed structures with distance from boundaries,
distance between structures, building dimensions and
floor elevations
2. Grading and drainage plan showing existing natural
features (topography, wetlands, vegetation, etc.) as well
as proposed grade elevations and sedimentation and storm
water retention ponds. Calculations for storm water
detention/retention areas.
3. All existing and proposed points of egress/ingress
showing widths of property lines, turning radii abutting
rights-of-way with indicated center line, paving width,
existing and proposed median cuts, and intersections of
streets and driveways
4. Vehicular circulation system showing location and
dimensions for all driveways, parking spaces, parking lot
aisles, service roads, loading' areas, fire lanes,
emergency access (if necessary), public and private
streets, alleys, sidewalks, bike paths, direction of
traffic flow, and traffic -control devices
5. Landscaping Plan
6. Location, access, and screening detail of trash
enclosures
7. Location and screening detail of rooftop equipment
8. Building elevations from all directions
9. Utility plan identifying size and direction of existing
water and sewer lines, fire hydrants, distance of
hydrant to proposed building
i
APPLICATION
DATE
weeks
City of Fridley Community Development Variance Process
APPEALS
COMMISSION
DATE
CITY COUNCIL
DECISION
CITY RECORDS
ACTION AT
ANOKA COUNTY
i0.'05.05.
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„3 hppealsi° t miss c ;
# Thee City Council !'t^"tod a L Appe,;tls Commission, to serve as the
b rt of sls 8 d ad t and to exetci se all,.the authority '
a
aro, ped'€am .atl f+' sa , board pursutaht to A-Lonesata '.
} titrate. at 2�3 1toA 2.1'34-14., doperate atcdrdknS'to the
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205- 26
205.05.05.
B. Petition By Owner.
(1) Appeals from Decisions on Code Enforcement: At any time
within thirty (30) days, any property owner who feels
aggrieved by an alleged error in any order, requirement,
decision or determination made by an administrative officer
in the enforcement of this Chapter which affects the owner's
property, may appeal to the Appeals Commission by filing a
written appeal with the City. The appeal shall fully state
the order appealed from; the facts of the matter and the
mailing address of the owner.
(2) Request for Variances from Zoning Chapter Provisions:
A property owner may appeal the strict application of the
provisions of this Chapter where there are practical
difficulties or particular hardships preventing the strict
application of the regulations of this Chapter. An
application for a variance shall be filed with the City and
shall state the exceptional conditions and the peculiar and
practical difficulties claimed as a basis for a variance.
C. Recommendations By Appeals Commission.
Within thirty (30) days after filing an appeal from an
administrative order or determination, or request for variance
from City Code provisions, the Appeals Commission shall hold a
public hearing thereon and shall hear such persons as want to be
heard. Notice of such hearing shall be mailed not less than ten
(10) days before the date of hearing to the person or persons who
file the appeals, and to all adjacent property owners within a 350
foot distance of the requested variance location. Within a
reasonable time, after the hearing, the Appeals Commission shall
make its recommendations or'approvals subject to conditions of the
Fridley City Code and forward a copy of such recommendation or
approval to the City Council through the Planning Commission.
(Ref. 1026)
D. Variances In R-1 Zoning.
(1) In areas zoned R-1 (One Family Dwelling District)., the
Appeals Commission has the authority to grant final approval
of variances when all of the following conditions are met:
(a) There is unanimous agreement of the Appeals
Commission.
(b) The staff concurs with the recommendations of the
Appeals Commission.
(c) The general public attending the meeting or
responding to the notice of public hearing have no
objection.
(d) The petitioner is in agreement with the
recommendation.
03/94 205-27
(2) When the above conditions are not met, the variance
request must be reviewed by the Planning Commission with final
approval by the City Council.
E. Record Of Action Taken.
The Appeals Commission shall provide for a written record of its
proceedings which shall include the minutes of its meeting, its
findings and the recommendation or approval of each matter heard
by it. The finding of fact shall contain the following:
(1) The public policy which is served by requirement.
(2) The practical difficulties or unique circumstance of the
property that cause undue hardship in the strict application
of the requirement.
(3) In recommending or approving a variance, the Commission
and/or Council may impose conditions to ensure compliance and
to protect adjacent properties.
F. Action By The City Council.
The Council shall at its next regular meeting, after receiving the
recommendation of the Appeals Commission, with a policy review by
the Planning Commission,.decide on the action to be taken.
G. Lapse Of Variance By Non-use.
If work as permitted by a variance is not commenced within one
year and completed within two years after granting of a variance,
then the variance shall become null and void unless a petition for
extension of time in which -to complete the work has been granted
by the City Council. Such extension shall be requested in writing
and filed with the City at least twenty (20) days before the
expiration of the original variance. The.request for extension
shall state facts showing a good faith attempt to complete the
work permitted in the variance. Such petition shall be presented
to the appropriate body for review and/or decision.
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205.05.06.
205-28
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CITYOF I CITY OF FRIDLEY
FRIDLEY' COMMISSION APPLICATION REVIEW
-----------------------------------
File Number File Date Meeting Date
VAR 495-19 7/17/95 8/1/95
---- ---- ----- ---------
File Description: Petitioner: Margaret M. Niesen
1381 Mississippi Street
Fridley, MN 55432
Complete Review Checklist; Return to The Community Development Department
*** Comments ***
Barbara Dacy
Scott Hickok
Michele McPherson
-geett ?�±i�ks�s�
-Jw L. l I czeK
John Flora
John Palacio
Clyde Moravetz
Leon Madsen
Dave Sallman
Dick Larson
CITY OF FRIDLEY
APPEALS COMMISSION MEETING TUESDAY, AUGUST 1, 1995 7:30 P.M.
Location: Fridley Municipal Center
City Council Chambers
6431 University Avenue N.E.
CALL TO ORDER:
ROLL CALL:
APPROVE APPEALS COMMISSION MINUTES: July 18, 1995
Pursuant to Section 205.04.06.(3)of the Fridley City Code to
increase the encroachment of a deck in the side yard from 3' to
101, thereby reducing the setback from 5' to 41, Lot 11, Block 4,
Innsbruck North Addition, generally located at 5530 Matterhorn
Drive N.E., Fridley, MN 55432
Pursuant to Section 205.04.05.B of the Fridley City Code to allow
an accessory structure in the front yard and,
Per Section 205.07.03.D.(1) to reduce the front yard setback from
35 feet to 32 feet to allow construction of a 24' x 29' detached
garage on Lot 1, Block 1, Gena Rae Addition, generally located at
1381 Mississippi Street N.E., Fridley, MN 55432
Pursuant to Section 214.12.02.D of the Fridley City Code to
reduce the setback of a sign from the property line from 10' to
01, to allow construction of a free-standing sign on Lot 1, Block
1, Herwal Rice Creek Terrace, generally located at 6400 Central
Avenue N.E., Fridley, MN 55432
1381 NIISSISSIPPI STREET FRONT YARD VARIANCE REQUEST
DESCRIPTION OF REQUEST:
The petitioner is requesting two variances.
1. To allow an accessory structure in the front yard.
2. To reduce the front yard setback of the structure from 35' to 32'
If approved, the variances would allow construction of a 24' x 29' detached accessory structure.
SUMMARY OF ISSUES:
The petitioner has a number of alternatives which would not require granting a variance. They include:
1. Attaching the accessory structure to the dwelling
2. Reducing the size of the accessory structure to an average size garage, such as 22' x 22' or
24' x 24'.
3. Locating the detached accessory structure elsewhere on the property.
There are a number of mature oak trees which the petitioner is attempting to avoid; however, the property
is large enough that there are alternate locations for the structure on the property.
RECOMMENDED AMONS:
The City has not previously granted a variance to allow accessory structures in the front yard. Stab
therefore, recommends denial of this portion of the variance request. The variance request to reduce the
front yard setback from 35' to 32' is within previously granted requests; therefore, staff has no
recommendation regarding the second portion of the variance.
If the Commission chooses to recommend approval of VAR #95-19, staff recommends the following
stipulation:
A hardsurfaced drive shall be installed in conjunction with this garage construction.
PROJECT DETAILS
Petition For: A variance to allow an accessory structure in the front yard, and to reduce the setback from
35' to 321
.
Location
of Property:
1381 Mississippi Street
Legal Description
of Property:
Lot 1, Block 1, Gena. -Rae Addition
Size:
15,947.53 sq. ft.
Topography:
Mostly flat, however, slopes down somewhat to the north, away from the street
Existing
Vegetation:
Typical suburban, lots of mature burr oak trees and sod
Existing
Zoning/Platting:
Gena -Rae Addition
Availability
of Municipal
Utilities:
Connected
Vehicular
Access: Mississippi Street
Pedestrian
Access: N/A
Engineering
Issues: N/A
Site Planning
Issues:
DEVELOPMENT SITE
The petitioner is requesting two variances:
1. To locate an accessory structure in the front yard.
2. To reduce the front yard setback from the property line from 35' to 32'.
2
If approved, the variances would allow construction of a detached 24' x 29' accessory structure. Located on the
subject parcel is a single family dwelling unit with no garage. The proposed detached accessory structure would
encroach past the front of the dwelling unit by approximately 15' .
Accessory Structure in the Front Yard
Section 205.04.05.8 of the Fridley City Code requires all accessory structures to be located in the side or rear yard.
Public purpose served by this requirement is to preserve the line of sight for adjacent properties and to limit accessory
uses to the rear or side yard allowing for aesthetically pleasing open areas in the front yard.
The petitioner has a subject property which could accommodate the proposed accessory structure in another location.
There are some drainage concerns with one of the alternate locations, and the petitioner is also attempting to avoid
the mature oak trees located on the subject parcel. If the proposed accessory structure were reduced in size to 22'
x 22' or 24'x 24', petitioner could more easily relocate the structure to an alternate location. Petitioner could also
choose to each the proposed accessory structure to the existing dwelling unit. This then eliminates the issue of an
accessory structure in the front yard. The City has not previously granted a variance of this type.
Front Yard Setback
Section 205.07.03.D.(1) of the Fridley City Code requires a front yard setback of not less than 35'.
Public purpose served by this requirement is to allow for off street parking without encroaching on the public right-of-
way, and also for aesthetic consideration to reduce the building line of sight encroachment into the neighbor's front
yard.
The variance to reduce the front yard setback is minimal as the request is from 35 to 32'. This variance could be
further if petitioner were to reduce the size of the detached accessory structure from the proposed 24' x 29' to 22' x
22' or 24' x 24. There are also other locations on the property where the accessory structure could be located, which
would eliminate all need for a variance.
Staff recommends that the Appeals Commission deny the request to allow an accessory structure in the front yard,
as the City has not previously granted a similar variance. Staff has no recommendation regarding the variance to
reduce the front yard setback as it is within previously granted requests.
Recommendation
If the Commission chooses to recommend approval of VAR #95-19, staff recommends the following stipulation:
1. A hardsurfaced drive shall be installed in conjunction with this garage construction.
ADJACENT SITES
WEST: Zoning: R-1, Single Family
SOUTH: Zoning: R-1, Single Family
EAST: Zoning: R-1, Single Family
Land Use: Residential
Land Use: Residential
Land Use: Residential
NORTH: Zoning: P, Public Land Use: Park
PUBLIC HEARING
BEFORE THE
APPEALS COMMISSION
Notice is hereby given that the Appeals Commission of the City of
Fridley will conduct a Public Hearing at the Fridley Municipal
Center at 6431 University Avenue N.E. on Tuesday, August 1, 1995,
at 7:30 p.m. for the purpose of:
Consideration of Variance Request, VAR #95-19, by
Margaret M. Niesen, pursuant to Section 205.04.05.B of
the Fridley City Code to allow an accessory structure
in the front yard and,
Per Section 205.07.03.D.(1) to reduce the front yard
setback from 35 feet to 32 feet to allow construction
of a 24' x 29' detached garage on Lot 1, Block 1, Gena
Rae Addition, generally located at 1381 Mississippi
Street N.E., Fridley, MN 55432
Any and all persons desiring to be heard shall be given the
opportunity at the above stated time and place.
DIANE SAVAGE
CHAIRPERSON
APPEALS COMMISSION
Any questions related to this item may be referred to the Fridley
Community Development Department, 572-3592.
Hearing impaired persons planning to attend who need an
interpreter or other persons with disabilities who require
auxiliary aids should contact Roberta Collins at 572-3500 no
later than July 25, 1995.
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PUBLIC HEARING
BEFORE THE
APPEALS COMMISSION
Notice is hereby given that the Appeals Commission of the City of
Fridley will conduct a Public Hearing at the Fridley Municipal
Center at 6431 University Avenue N.E. on Tuesday, August 1, 1995,
at 7:30 p.m. for the purpose of:
Consideration of Variance Request, VAR #95-19, by
Margaret M. Niesen, pursuant to Section 205.04.05.B of
the Fridley City Code to allow an accessory structure
in the front yard and,
Per Section 205.07.03.D.(1) to reduce the front yard
setback from 35 feet to 32 feet to allow construction
of a 24' x 29' detached garage on Lot 1, Block 1, Gena
Rae Addition, generally located at 1381 Mississippi
Street N.E., Fridley, MN 55432
Any and all persons desiring to be heard shall be given the
opportunity at the above stated time and place.
DIANE SAVAGE
CHAIRPERSON
APPEALS COMMISSION
Any questions related to this item may be referred to the Fridley
Community Development Department, 572-3592.
Hearing impaired persons planning to attend who need an
interpreter or other persons with disabilities who require
auxiliary aids should contact Roberta Collins at 572-3500 no
later than July 25, 1995.
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LOCATION MAR
VAR. #19 01ARINGLIST ''BAILED: 7/18/95
Margaret Niesen City Council (6) Richard S. Carlson
1381 Mississippi Street 7691 Old Central NE
Fridley, MN 55432 Fridley, MN 55432
Robert & Doris Nelson Caroline E. Holzheu Joseph & Joan Menth
1439 Mississippi St. N.E. 1314 Mississippi St. N.E. 1388 - 66th Ave. N.E.
Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432
Deborah J. Burns Thomas & Christine Johnson Edward & Dona Cebula
1371 Creek Park Lane 1379 Creek Park Lane 1427 Mississippi St.
Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432
Jon & Diane Phillips Kenneth & Kathleen Luke Andrew & Selina Kwong
1361 Mississippi St. N.E. 1341 Creek Park Lane 1321 Creek Park Lane
Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432
Leonard & Patricia Harff Harry & Doris Erkenbrack Robert E. Swanson
1311 Creek Park Lane N.E. 6537 Central Ave. N.E. 1400 Creek Park Lane N.E.
Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432
Rachel J. Gottwaldt Archie & Marguerite Pratt Thomas D. Stone
1415 Mississippi St. N.E. 1428 Mississippi St., 1400 Mississippi St.
Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432
Vera E. Zimmerman Brickner Builders, Inc. Kurt & Andrea Olson
1376 Mississippi St. N.E. 1671 Kristin Ct., 1385 - 64th Ave. N.E.
Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432
Julie Archer -Kath Current Resident �� a j Ernest Klar
1352 Hillcrest Dr. 1358 Mississippi St. N.E. o� 1373 - 64th Avenue
Fridley, MN 55432 Fridley, MN 55432 A� Fridley, MN 55432
Russell & Beverly Prior Frank & Sharon Demello Ruth DeMars
1340 Mississippi St. N.E. 6134 Woody Lane N.E. 1442 Mississippi St.
Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432
Ernest & Frances Gertzen
6519 Central Ave.,
Fridley, MN 55432
Camilles R. Parks
1341 Mississippi St.
Fridley, MN 55432
Kurt & Kathleen Creager
1360 Creek Park Lane
Fridley, MN 55432
country House, Inc.
i 10 No. Third St.
Bayport, MN 55003
Johnny & Till Mason
1361 Mississippi St. N.E.
Fridley, MN 55432
Robert & Susan Overman
1340 Creek Park Lane N.E.
Fridley, MN 55432
";urrent Resident � a
,1501 Central Ave. N.E.
Fridley, MN 55432
Herbert & Byron Bacon
6525 Central Ave.
Fridley, MN 55432
Janis K. Hicks
1320 Creek Park Lane N.E.
Fridley, MN 55432
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