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VAR 89-03ffi�mAm— COMMISSION APPLICATION REVIEW FILE NUMBER FILE DATE MEETING DATE FILE DESCRIPTION vAR #89-03 CITYOF 5 2-10-89 2-28-89 6351 Nbnroe Street N.E. FRIDLEY side d variance frcan 4 ft. to 212 ft. COMPLETE REVIEW CHECKLIST AND RETURN TO PLANNING DEPT. D. COMMENTS [MICHELE M. 1'�—IAr �17 flom JOHN F. z/, 7 C. M. A H. o g l Lf ❑ BOB A. n-ps^oVtex©.r- 8- ,•�;_„t C Zoe Oet. ®.ftp; �3t T "lot' -94'' +1. CITY OF FRIDLEY . 6431 UNIVERSITY AVE. N.E. FRIDLEY, ANN 55432 (612) 571-3450 PROPERTY INFORMATION VARIANCE REQUEST FORM VARIANCE # VARIANCE FEE RECEIPT #3 13 Py SCHEDULED APPEALS MEETING DATE e<6r I V PROPERTY ADDRESS [A3 -I nrr LEGAL DESCRIPTION: LOT BLOCK TRACT/ADDITION/!f"/IS 1"/ f. �1 TI PRESENT ZONING L VARIANCE REQUEST(S): Attach a plat or survey of the property showing building, / � variance(s), where >applicable. V'�LYG� 'f�Side- �iGss.G 'E&37 6c cl- 71." J4.,-. � ��To Section of the Code: List specific hardship(s) which require the variance(s): �` Al, 70 ✓ We- yle7'h a 16 A/ r; ^r c - - o is kx ft e?A /—ft e- p " e tv 19 % ft 'u orc%P tv - Bey- -A- -Lt ft_ ®v-zr_ �e �o®ri►i�_ `I�"e - ✓�� car_ �v►� G&nppr '�YA��e✓ tv ti►vKs� wit%��h 1 t. FEE OWNER INFORMATION NAME ( please print) -5"s rid e- PHONE ADDRESS SIGNATURE DATE Note to �flpflApi PETITIONER INFORMATION NAME(pl ease print) ®Q l d and loom L e h z m e i e -r PHONE 5 714 -q, ADDRESS 3 5'Z Mon ro e- SIGNATURE ############# DATE oZ - /0 - 97 ################################### APPEALS COMMISSION: APPROVED DENIED DATE CITY COUNCIL: APPROVED DENIED DATE STIPULATIONS: 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. * Scaled preliminary (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" reduction. * 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" x 11" reduction. Floor plans, full size and 8 1/2" x 11" 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. L STAFF REPORT APPEALS DATE February 28, 1989 CITYOF PLANNING COMMISSION DATE FRIDL.EY CITY COUNCIL DATE AUTHOR SB/I5 REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION SITE DATA SIZE DENSITY PRESENT ZONING ADJACENT LAND USES & ZONING UTILITIES PARK DEDICATION ANALYSIS FINANCIAL IMPLICATIONS CONFORMANCE TO COMPREHENSIVE PLAN COMPATIBILITY WITH ADJACENT USES & ZONING ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMENDATION APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENDATION VAR #89-03 David and Joan ILenzaeier To reduce the side yard setback for an addition to an attached single car garage from 4 ft. to 2.5 ft. 6351 Nbnroe Street N.E. 10,125 sq. ft. Proposed: 22.3%; Currently: 16.2% R-1 N: R-1 S: R-1 E: R-1 W: R-1 Available N/A N/A Yes Yes None See Staff Report Staff Report • VAR #89-03 Page 2 A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.04.05.B.(2).(b).1) requires a side yard setback of four (3) feet between an attached single car garage and the side lot line if the nearest structure on the adjacent lot is a single car garage at least 4 feet from the common lot line. The public purpose served by this requirement is to provide space between individual structures to reduce the possibility of fire, to provide access to the rear yard for emergencies, and to limit the condition of crowding in the residential neighborhood. B. APPLICANT'S STATED HARDSHIP: "We need a variance of 1 1/2 feet to enlarge garage to 17 1/2 feet in order to get a 16 foot overhead door in. We have 2 cars and a camper trailer to house within it." C. ADMINISTRATIVE STAFF REVIEW: Request David and Joan Lenzmeier, the petitioners, are requesting a variance to reduce the side yard setback for an addition to an attached single car garage from 4 feet to 2.5 feet. The petitioners are requesting the variance to enlarge their garage to 17.5 feet in order to install a 16 foot overhead door which will allow for the storage of their two cars and a camper trailer. Analysis The property in question is 10,125 sq. ft. in size and contains a 1,097 sq. ft. house, a 192 sq. ft. patio deck, and a 350 sq. ft. single car garage. The petitioners are proposing to construct an addition to the existing garage, enlarging it to 17.5 feet by 36 feet for a total of 630 sq. ft. This addition requires a variance to reduce the side yard setback from 6 feet (present) to 2.5 feet. As part of their proposed expansion, a 336 sq. ft. family room will be built onto the east side of the residence and the existing patio deck will be moved to a point south of this new living area (see Attachment A for the proposed site plan). Staff Report VAR #89 -03 Page 3 Staff has reviewed the proposal and examined other parcels in the surrounding neighborhood to determine if justification exists to grant the requested variance. There appears to be no exceptional or extraordinary circumstances relating to this property, nor is an unnecessary hardship caused by strict application of the Zoning code. The petitioners could construct an addition which would not require a variance. This enlargement would make the garage 16 feet by 36 feet and provide a 576 sq. ft. structure capable of storing the two cars adequately. In this case, other arrangements might be required for storage of the camper trailer. If approved, staff recommends the following stipulation be attached to the variance request: 1. All exterior walls less than 5 feet from the property line must be constructed of 1 hour fire resistant materials on the inside with no unprotected openings allowed. 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, February 28, 1989, at 7:30 p.m. for the purpose of: Consideration of a variance request, VAR #89- 03, by David and Joan Lenzmeier, pursuant to Section 205.04.05.B, (2) . (b) . (1) of the Fridley City Code to reduce the side yard setback from 4 feet to 2.5 feet to allow an addition to an attached single car garage on Lot 15, Block 7, Christie Addition, the same being 6351 Monroe Street N.E., Fridley, Minnesota, 55432. Any and all persons desiring to be heard shall be given the opportunity at the above stated time and place. 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. Mailing Date: 2/17/89 MSILING LIST FOR VAR # 89-03 6351 Monroe Street N.E. City Council Members Maxine Mcndloh Dennis Oswald 6320 Monroe Street N.E. 6330 Quincy Street N.E. City Manager Fridley, MV 55432 Fridley, MN 55432 Alex Barna, Chairperson Virgil Werner Appeals Camnission 6341 Madison Street N.E. Dennis Hokensm 560 Hugo Street N.E. Fridley, MN 55432 6320 Quincy Street N.E. Fridley, MN Fridley, MN 55432 David & Joan Ienzmier Randall Reichel Richard Lombard 6351 Monroe Street N.E 6351 Madison Street N.E. 6321 Monroe Street N.E. Fridley, MQ 55432 Fridley, MN 55432 Fridley, M 55432 Curtis E. Martinson Terence Rising Richard Davis 6380 Mbnroe Street N.E. 6361 Madison Street N.E. 6331 Mbnroe Street N.E. Fridley, MN 55432 Fridley, My 55432 Fridley, MST 55432 Clifford Tigner David Moe Edward Dircz 6370 Nbnroe Street N.E. 6380 Quincy Street N.E. 6341 Monroe Street N.E. Fridley, M 55432 Fridley, MST 55432 Fridley, MLV 55432 Eunice Grier Florence Goudy Timothy Poirier 6360 Monroe Street N.E. 6370 Quincy Street N.E. 6361 Monroe Street N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MV 55432 Robert McCarthy Imbert Anderson Francis Zenz 6350 Monroe Street N.E. 6350 Quincy Street N.E. 6371 Monroe Street N.E. Fridley, My 55432 Fridley, MST 55432 Fridley, MN 55432 John Steinnetz James Hynes Roberta Mitchell 6340 Mbnroe Street N.E. 6350 Quincy Street N.E. 6381 Monroe Street N.E. Fridley, Mn 55432 Fridley, MN 55432 Fridley, M 555432 I John Drcbnick Domingo Ramos Mary Erickson 6330 Monroe Street N.E. 6340 Quincy Street N.E. 6331 Quincy Street N.E. Fridley, MV 55432 Fridley, M 55432 Fridley, MN 55432 -1- Emil Menard 6341 Quincy Street N.E. Fridley, My 55432 Michael Panning 6351 Quincy Street N.E. Fridley, MV 55432 Debra Troiden 6 351 Quincy Street N: E. Fridley, MV 55432 Susan Bornus 6 361 Quincy Street N.E. Fridley, NN 55432 Frank Sczepanski 740 Bennett Drive N.E. Fridley, MV 55432 MAILING LIST . FOR VAR #89-03 6351 Mrnroe Street N.E. -2- Mai ling Date 2/17/89 1,1 we W, VIA— Y d 7 1 '4 -----i 1 I'S' K. �iL�T.A!o' 9 �� K t of 1 z 4 /3.a a 0 9 8,7 .6% S S 4 1 2 !�' Ik /♦ 8 /c /� b r s .B . T Jo // /1, !!,! !t .• n // or 1/ 7 68 TH AVE. 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R ®I 7 ACU i_» s ¢� I f 'at 06 U CITY OF FRIDLEY APPEALS COMMISSION MEETING, FEBRUARY 28, 1989 CALL TO ORDER• Chairperson Barna called the February 28, 1989, Appeals Commission meeting to order at 7:35 p.m. ROLL CALL• Members Present: Alex Barna, Jerry Sherek, Kenneth Vos Members Absent: Diane Savage, Larry Kuechle Others Present: Barbara Dacy, Planning Coordinator David & Joan Lenzmeier, 6351 Street N.E. Tim & Jill Poirier, 6361 Street N.E. APPROVAL OF JANUARY 28 1989, APPEALS COMMISSION MINUTES: MOTION by Mr. Sherek, seconded by Dr. Vos, to approve the January 31, 1989, Appeals Commission minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BARNA DECLARED THE MOTION CARRIED UNANIMOUSLY. CONSIDERATION OF A VARIANCE REQUEST VAR #89-03. BY DAVID & JOAN LENZMEIER• Pursuant to Section 205.04.05.B. (2) . (b) . (1) of the Fridley City Code to reduce the side yard setback from 4 feet to 2.5 feet to allow an addition to an attached single car garage on Lot 15, Block 7, Christie Addition, the same being 6351 Monroe Street N.E. MOTION by Dr. Vos, seconded by Mr. Sherek, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BARNA DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 7:37 P.M. Chairperson Barna read the Administrative Staff Report. Ms. Dacy stated the petitioners are requesting the 1 1/2 feet variance to expand their garage to 17.5 feet in order to install a 16 feet overhead door which will allow for the storage of two -1- APPEALS COMMISSION MEETING, FEBRUARY 28, 1989 Ms. Dacy stated in reviewing the proposal and other parcels in the surrounding neighborhood to determine if justification exists to grant the requested variance, they found that there appears to be no exceptional or extraordinary circumstances relating to this property, nor is an unnecessary hardship caused by strict application to the Zoning Code. The petitioners could construct an addition which would not require a variance. Ms. Dacy stated if the variance is approved, staff is recommending the following stipulation: 1. All exterior walls less than 5 feet from the property line must be constructed of 1 hr. fire resistant materials on the inside with no unprotected openings allowed. Ms. Dacy stated the applicant submitted a site plan depicting the existing conditions to show that their existing garage is 6 feet from the north property line, and the home at 6361 Monroe is approximately 10 1/2 feet from the common lot line. Their plan is to go to 2 1/2 feet from the lot line. Ms. Dacy stated the basis for staff's analysis is that if there is any way to meet the ordinance, that should be done. A variance should only be granted when it would cause a severe hardship for the petitioner if it was not granted. She realized an extra 1 1/2 feet is needed for clearance to install a 16 feet garage door, but that is not a criteria that can be used. Mr. Sherek stated that if this variance is not granted, how close to the lot line can the neighbor to the north (6361 Monroe) build? Ms. Dacy stated that is an issue that should be discussed by the Commission. As the Commission is aware, they made changes to the ordinance about two years ago to provide for these reduced setbacks for garage expansions. The way the ordinance reads now is that the property owner at 6361 Monroe cannot expand down to 4 or 3 feet if this variance is granted. Mr. Barna stated he believed the ordinance changes provided for 8 feet between structures. Ms. Dacy stated if the variance is granted, the neighbor at 6361 Monroe would be allowed to build up to 5 feet from the property line. -2- APPEALS COMMISSION MEETING, FEBRUARY 28, 1989 Mr. Barna asked Mr. Lenzmeier to expand on his hardship. The hardship as stated in the staff report was: "We need a variance of 1 1/2 feet to enlarge our garage to 17 1/2 feet in order to get a 16 feet overhead door in. We have 2 cars and a camper trailer to house within it." He stated the Commission can consider the Minnesota winters and the need for a double car garage in Minnesota as hardships. Mr. Lenzmeier stated that right now they have a single car garage. They have two cars and a camper trailer. The previous owner at 6361 Monroe was agreeable to their storing the camper trailer between the two garages during the winter. The present owner at 6361 Monroe (Tim Poirier) has not complained about the camper trailer being there, but they would like to be able to store it inside the garage along with the two cars. They would like to have a two car side-by-side garage rather than a tandem. If they built a tandem garage, there is always the necessity to "jockey" cars around. Also, he has chosen to be a volunteer firefighter. There is always the possibility in cold weather that if the car in front does not start, how does he back out the car to answer the alarm? The feasibility of a side-by-side garage versus a tandem garage is much higher for them, and it is also for their convenience. Mr. Lenzmeier stated that Mr. Barna indicated the Code maintains that the structures be at least 8 feet apart. By reducing his variance to 3 feet, it puts his garage 3 feet from the lot line, allowing his neighbor to build within 5 feet of the lot line, and thereby maintaining the 8 feet between structures. Mr. Lenzmeier stated the common size garage door is 16 feet, so he could go down to a 17 foot wide garage instead of 17 1/2 feet. Mr. Tim Poirier, 6361 Monroe Street N.E., stated that if Mr. Lenzmeier is permitted to build up to 2 1/2 or 3 feet from the lot line, that would mean he could only build up to 5 feet from the lot line. He stated if his property has to bear a disproportionate burden for space between the garages, then he is opposed to this variance. If Mr. Lenzmeier built 4 feet from the lot line which is allowed by Code, then he, Mr. Poirier, could also build up to 4 feet from the lot line, maintaining the 8 feet between structures. He stated he wanted to be treated equally with his neighbor. He did not want his property to have this additional burden on it for all time. And, if Mr. Lenzmeier is allowed to build up to 2 1/2 feet from the lot line, he did not think there was much possibility of the City granting him a similar variance to 2 1/2 feet, making only 5 feet between the structures. -3- APPEALS COMMISSION MEETING, FEBRUARY 28, 1989 Dr. Vos stated the only hardship he could see in this situation is the need to have a garage for Minnesota winters. The width of the lot is already pretty filled up, and there is nothing unique about the layout of the lot that creates a hardship for the petitioner. He stated owning a camper trailer is not a hardship. He stated he did not know of any 16 foot garages with 15 foot doors. Mr. Barna stated he could not see anything in this particular situation that showed proof that the Commission should grant a variance beyond the 4 feet. There is not a significant hardship. MOTION by Mr. Sherek, seconded by Dr. Vos, to close the public hearing. Mr. Poirier stated that if Mr. & Mrs. Lenzmeier were willing to table their variance request until he is able to make a variance application, then it would not be necessary for the Commission to deny this request right now. Mr. Barna stated that was correct. The variance could be tabled indefinitely. Mr. Sherek, with the concurrence of Dr. Vos, withdrew the motion to close the public hearing. MOTION by Mr. Sherek, seconded by Dr. Vos, to table variance request, VAR #89-03, by David & Joan Lenzmeier indefinitely. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BARNA DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Sherek stated if the Commission had voted on this request, he would have had to vote against it for two reasons: 1. He is generally opposed to houses being so close together. 2. If the variance was granted, he would not want the present owner or the future owner of the property at 6361 Monroe to be restricted by this variance. ADJOURNMENT: MOTION by Dr. Vos, seconded by Mr. Sherek, to adjourn the meeting. Upon a voice vote, all voting aye, Chairperson Barna declared the February 28, 1989, Appeals Commission meeting adjourned at 8:15 p.m. -4- APPEALS COMMISSION MEETING, FEBRUARY 28, 1989 Respectfully submitted, Lyn Saba Recording Secretary -5- G7YOF FRIDLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE (612) 571-3450 March 1, 1989 David and Joan Lenzmeier 6351 Monroe Street N.E. Fridley, MN 55432 Dear Mr. and Mrs. Lenzmeier: On February 28, 1989, at your request, the. Appeals Commission tabled indefinitely your variance request, VAR #89-03, to reduce the side yard setback from 4 feet to 2.5 feet to allow the addition to your attached single car garage. If you have any further questions, please feel free to contact me at 571-3450, ext. 171. Sincerely, Barbara Dacy Planning Coordinator BD:ls M-89-84