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VAR 93-07CIlYOF FRIDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 • (612) 571-3450 • FAX (612) 571-1287 CITY COUNCIL ACTION TAKEN NOTICE June 9, 1993 Bradley and Julie Dunham 1427 North Danube Road N.E. Fridley, MN 55432 Dear Mr. and Mrs. Dunham: On June 7, 1993, the Fridley City Council officially approved your request for a Variance, VAR #93-07, to reduce the side yard setback from 10 feet to 6.3 feet to allow the construction of storage space on Lot 8, Block 3, Innsbruck North Addition, the same being 1427 North Danube Road N.E. You have one year from the date of City Council 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 57290. Barbara Dacy, AICP Community Developmen Director BD/dn Please review the above, sign the statement below and return one copy to the City of Fridley Planning Department by June 23, 1993. Concur with action taken STATE OF MINNESOTA ) COUNTY OF ANOKA ) CITY OF FRIDLEY ) In the Matter of: a variance, VAR 493-07 owner: Brad and Julie Dunham 1063385 -_TY COUNCIL PROCEEDINGS VARIANCE The above entitled matter came before the City Council of the City of Fridley and was heard on the 7th day of June , 19 93 , on a petition for a variance pursuant to the City of Fridley's Zoning Ordinance, for the following described property: To reduce the side yard setback from 10 feet to 6.3 feet to allow the construction of storage space on Lot 8, Block 3, Innsbruck North Addition, the same being 1427 North Danube Road N.E. IT IS ORDERED that a variance be granted as upon the following conditions or reasons: Approval with no stipulations. See City Council minutes of June 7, 1993. STATE OF MINNESOTA ) COUNTY OF ANOKA ) CITY OF FRIDLEY ) OFFICE OF THE CITY CLERK I, William A. Champa, City Clerk for the City of Fridley, with and in for said City of Fridley, do hereby certify that I have compared the foregoing copy and Order granting a variance with the original record thereof preserved in my office, and have found the same to be a correct and true transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at the City of Fridley innesota, in the County of Anoka on the /�T day of 4- AA9 19. DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 William A. Champa, Cit lerk_.� Y Variances are valid for a period of one year following approval] c- . shall 'bi'-' considered void if not used within that period. -~ FRIDLEY CITY COUNCIL MEETING OF JUNE 7 1993 PAGE 13 C. RESOLUTION NO. 39 - 1993 APPROVING A SUBDIVISION, LOT SPLIT L.S. #93-04, TO SPLIT A LOT INTO THREE SEPARATE PARCELS GENERALLY LOCATED AT 1601 RICE CREEK ROAD N.E : Ms. Dacy, Community Development Director, stated at this a 1.7 acre parcel located on the north side of Rice C eek Road and zoned R-1. She stated that the property owner ould like to subdivide this property into three parcels. She ated that there are several structures on the property, and rcel A would be occupied by the existing home. She stated at the petitioner intends to remove the older home and accesso buildings. Ms. Dacy stated that she understands these struct es have already been removed; therefore, this stipulation can a deleted. Ms. Dacy stated that the Planx recommended approval of this lot spl Councilman Schneider asked the with the stipulations. Ms. Egan stated that the older property leveled. ( Commission unanimously request. ioner if she had any problem have been removed and the MOTION by Councilman Schne der to adopt Resolution No. 39-1993, with the following stipul ions attached as Exhibit A: (1) a park dedication fee of $750.00 er lot for Parcels B and C shall be paid at the issuance of a bu' ding permit; (2) one driveway per parcel shall be permitted; (3) a permit shall be obtained from the County prior to work commenc' g in the County right-of-way to install curb cuts and driveways; 4) sewer and water service shall be provided to Parcel C; and (5 if determined by the City, a conservation plan and fees shall be submitted prior 'to the issuance of a building permit. Seconde by Councilwoman Jorgenson. Upon a voice vote, all voting aye, ayor Nee declared the motion carried unanimously. 0 MOTION b Councilman Schneider to set the public hearing on this vacatio request, SAV #93-02, for June 21, 1993. Seconded by Counci woman Jorgenson. Sinc Councilman Schneider will not be present at the next Council mee ing, the above motion was withdrawn by Councilman Schneider, wi the permission of the seconder, Councilwoman Jorgenson. Ta TION by Councilman Schneider to set the public hearing on this cation request, SAV #93-02, for July 6, 1993. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETING OF JUNE 7. 1993 PAGE-L4- MOTION AGE14MOTION by Councilman Billings to receive the minutes of the Planning Commission meeting of May 12, 1993. Seconded y Councilman Schneider. Upon a voice vote, all voting aye, M r Nee declared the motion carried unanimously. 8. RECEI' 1993• A. VARIA SIDE 17.5 10 FE N. E. Ms. Dacy, Community velopment Director, stated that the petitioner, Mr. SampsQrf, notified staff today by phone that he has purchased another a in Fridley, and he wishes to withdraw this application. MOTION by cilwoman Jorgenson to receive the report from the Communit Development Director regarding the request by the petiti er for withdrawal of this variance. Seconded by Councilman Sch der. Upon a voice vote, all voting aye, Mayor Nee declared- -tmotion carried unanimously. b. VARIANCE REQUEST, VAR #93-07, BY BRADLEY AND JULIE DUNHAM, TO REDUCE THE SIDE YARD SETBACK FROM 10 FEET TO 6.3 FEET, GENERALLY LOCATED AT 1427 NORTH DANUBE ROAD N.E.: Ms. Dacy, Community Development Director, stated that this variance is to reduce the side yard setback for living area from 10 feet to 6.3 feet. She stated that there is an existing single family home on this property with an attached garage. The petitioner wants to convert the area above the garage to a walk-in closet. Ms. Dacy stated that the Appeals Commission recommended approval of this variance by a 4 to 1 vote. Councilman Schneider questioned if a fire wall needed to be installed. Ms. Dacy stated that she was informed by Clyde Wiley, Mechanical Building Inspector, that a fire wall is only required within three feet of the lot line. MOTION by Councilman Schneider to concur with the recommendation of the Appeals Commission and grant Variance Request, VAR #93-07. Seconded by Councilwoman Jorgenson. Councilman Billings felt that once this area becomes living space, it could be remodeled with bedroom space without coming back to the Council. He stated that he does not have a real objection to the FRIDLEY CITY COUNCIL MEETING OF JUNE 7. 1993 PAGE 15 variance, but he would feel more comfortable if there weren't any windows. UPON A VOICE VOTE TARN ON THE ABOVE MOTION, Councilman Schneider, Councilwoman Jorgenson, and Mayor Nee voted in favor of the motion. Councilman Billings voted against the motion. Mayor Nee declared the motion carried. 9. APPROVE JUNKYARD LICENSE RENEWAL FOR SAM'S AUTO PARTS: Ms. Dacy, Community Development Director, stated that Steve %rg, Code Enforcement Officer, has met with the owner of Sam' Auto Parts to try and resolve the problems at this location. he felt that a temporary license for a specified period of tim should be granted. It has been suggested to the owner, Mr. G' dings, that a period of three months would be recommended. Councilman Schneider stated that t/time o p ce for people to park at this business and, as far tell, people were parking on the street. MOTION by Councilman Schneider to gkyard license to Sam's Auto Parts for a period of ninety direct staff to bring back a report to the Council at twith recommendations. Seconded by Councilman Billings. ice vote, all voting aye, Mayor Nee declared the motionnanimously. 10. Ms. Dacy, Community Developm nt Director, stated that the Human Resources Commission woul like to utilize the $1,684.40 in unexpended 1991 CDBG funds or Southern Anoka Community Assistance in the amount /voting and for St. William's food shelf in the amount of $18 MOTION by Couorgenson to approve the reallocation of $1,684.40 of u991 CDBG funds to Southern Anoka Community Assistance in of $1,496.00 and to St. William's Church in the amount. Seconded by Councilman Schneider. Upon a voice vote, aye, Mayor Nee declared the motion carried unanimously. 11. APPROVE' 1993- Mr. H t, Assistant to the City Manager, stated that each year the City enters into a contract with the City of Minneapolis to par icipate in the Urban Corps program. He stated that as a pa ticipant, the City can employ students who have Federal Work 11tudy Grants to work as interns and the program is subsidized by he Federal government. He stated that in order to participate in FRIDLEY CITY COUNCIL MEETING OF JUNE 7, 1993 PAGE 16 the program, it is necessary for the City to contract with the City of Minneapolis. MOTION by Councilman Schneider to authorize the Mayor a9d City Manager to enter into the contract with the Cityof Mi eapolis for participation in the 1993-1994 Urban Corps program. Seconded by Councilwoman Jorgenson. Upon a voice vote, all oting aye, Mayor Nee declared the motion carried unanimously. 12. MOTION by Councilman Schneider to 6, 1993 for amendments to Chapter Charter. Seconded by Councilwoman all voting aye, Mayor Nee declared 13. set the p is hearing for July 2 and Se ion 4.04 of the. City Jorgens n. Upon a voice vote, the mo on carried unanimously. Mr. Flora, Public Works Director, s ted that Bruce A. Leisch and Associates has completed thei preliminary analysis for constructing a glacial drift well n the vicinity of the Locke Park filter plant. He stated Vad it is recommended that Council - authorize preparation of filans and specifications for Well No. 14 by Bruce A. Leisch ssociates for an amount not to exceed $5,000. MOTION by Counci/animously. ider to authorize Bruce A. Leisch and Associates to preplans and specifications for Well No. 14 for an amount ceed $5,000. Seconded by Councilwoman Jorgenson. Upon te, all voting aye, Mayor Nee declared the motion carrie 14. RECEIVE PETI0 - 93 FOR UPGRADE OF BENJAMIN STREET: MOTION by Counc' man Schneider to receive Petition No. 10 - 93 for the upgrade o Benjamin Street. Seconded by Councilman Billings. Upon a voice ote, all voting aye, Mayor Nee declared the motion carried una mously. 15. -lyy3 JL VUBMNl 'A FOR ACTION ►.P: 127-342- orp Wn 10012-13 MOTION by Councilman Schneider to adopt Resolution No. 40-1993. Se onded by Councilman Billings. Upon a voice vote, all voting a, Mayor Nee declared the motion carried unanimously. 1063385 N efical� Grantor Grantee r� Recorded Checked s� M,( ar81n Tr. Index OFFICE OF COUNTY RECORDER C� STATE OF MINNESOTA, COUNTY OF ANOKA Vn Cl I hereby certify that the within Instru- ment was filed in this office for re�egord on theIj o'clock M., and was duly recorded. fidwar b1, Tres(. CalJ232 my Recorder Jl VVMSV ,.e.. °�Y 1 CINOF FRIDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 • (612) 571-3450 • FAX (612) 571-1287 CITY COUNCIL ACTION TAKEN NOTICE June 9, 1993 Bradley and Julie Dunham 1427 North Danube Road N.E. Fridley, MN 55432 Dear Mr. and Mrs. Dunham: On June 7, 1993, the Fridley City Council officially approved your request for a Variance, VAR #93-07, to reduce the side yard setback from 10 feet to 6.3 feet to allow the construction of storage space on Lot 8, Block 3, Innsbruck North Addition, the same being 1427 North Danube Road N.E. You have one year from the date of City Council 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 572-3590. Sincerely, Barbara Dacy, AICP Community Development Director BD/dn Please review the above, sign the statement below and return one copy to the City of Fridley Planning Department by June 23, 1993. Concur with action taken FRIDLEY CITY COUNCIL MEETING OF JUNE 7. 1993 PAGE 13 C. RESOLUTION NO. 39 - i.,.a. 123-u4. TW bYLl'1' A LOT 114TU THREE SEPAF GENERALLY LOCATED AT 1601 RICE CREEK ROAD N E : Ms. Dacy, Community Development Director, stated tha this a 1.7 acre parcel located on the north side of Rice Cree Road and zoned R-1. She stated that the property owner wo d like to subdivide this property into three parcels. She stat d that there are several structures on the property, and Parc A would be occupied by the existing home. She stated that the petitioner intends to remove the older home and accessory bu' dings. Ms. Dacy stated that she understands these structures ave already been removed; therefore, this stipulation can bed eted. Ms. Dacy stated that the Planning Commission unanimously recommended approval of this lot split reg(iest. Councilman Schneider asked the petitioner if she had any problem with the stipulations. // Ms. Egan stated that the older struc�iures have been removed and the property leveled. MOTION by Councilman Schneider Xo adopt Resolution No. 39-1993, with the following stipulation attached as Exhibit A: (1) a park dedication fee of $750.00 per of for Parcels B and C shall be paid at the issuance of a buildin permit; (2) one driveway per parcel shall be permitted; (3) a it shall be obtained from the County prior to work commencing i p the County right-of-way to install curb cuts and driveways; (4) Xlermined er and water service shall be provided to Parcel C; and (5) if by the City, a conservation plan and fees shall be sub tted prior to the issuance of a building permit. Seconded by ouncilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. D. MOTION by Cou cilman Schneider to set the public hearing on this vacation re est, SAV #93-02, for June 21, 1993. Seconded by Councilwomayl Jorgenson. Since Co cilman Schneider will not be present at the next Council meeting, the above motion was withdrawn by Councilman Schneider, with thypermission of the seconder, Councilwoman Jorgenson. MOTI K by Councilman Schneider to set the public hearing on this vaca ion request, SAV #93-02, for July 6, 1993. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Billings to receive the minutes the Planning Commission meeting of May 12, 1993donded by Councilman Schneider. Upon a voice vote, all votin e, Mayor Nee declared the motion carried unanimously. 8. RECEI' 1993• A. VARIA SIDE 17.5 10 FE N.E.: Ms. Dacy, Commun' Development Director, stated that the petitioner, Mr. S —M, notified staff today by phone that he has purchased anot r home in Fridley, and he wishes to withdraw this application. MOTION Councilwoman Jorgenson to receive the report from the Commu 'ty Development Director regarding the request by the pet' ioner for withdrawal of this variance. Seconded by Councilman S neider. Upon a voice vote, all voting aye, Mayor Nee declared e motion or unanimously. b. VARIANCE REQUEST. VAR #93-07. BY BRADLEY AND JULIE DUNHAM. TO REDUCE THE SIDE YARD SETBACK FROM 10 FEET TO 6.3 FEET, GENERALLY LOCATED AT 1427 NORTH DANUBE ROAD N.E.: Ms. Dacy, Community Development Director, stated that this variance is to reduce the side yard setback for living area from 10 feet to 6.3 feet. She stated that there is an existing single family home on this property with an attached garage. The petitioner wants to convert the area above the garage to a walk-in closet. Ms. Dacy stated that the Appeals Commission recommended approval of this variance by a 4 to 1 vote. Councilman Schneider questioned if a fire wall needed to be installed. Ms. Dacy stated that she was informed by Clyde Wiley, Mechanical Building Inspector, that a fire wall is only required within three feet of the lot line. MOTION by Councilman Schneider to concur with the recommendation of the Appeals Commission and grant Variance Request, VAR #93-07. Seconded by Councilwoman Jorgenson. Councilman Billings felt that once this area becomes living space, it could be remodeled with bedroom space without coming back to the Council. He stated that he does not have a real objection to the FRIDLEY CITY COUNCIL MEETING OF JUNE 7, 1993 PAGE IS variance, but he would feel more comfortable if there weren't any - windows. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, Councilman Schneider, Councilwoman Jorgenson, and Mayor Nee voted in favor of the motion. Councilman Billings voted against the motion. Mayor Nee declared the motion carried. 9. APPROVE JUNKYARD LICENSE RENEWAL FOR SAM'S AUTO PARTS: Ms. Dacy, Community Development Director, stated that Steve Bar Code Enforcement Officer, has met with the owner of Sam's A o Parts to try and resolve the problems at this location. She elt that a temporary license for a specified period of time sho d be granted. It has been suggested to the owner, Mr. Giddin , that a period of three months would be recommended. Councilman Schneider stated that there is no place f people to park at this business and, as far as he could tell, people were parking on the street. MOTION by Councilman Schneider to grant a junkya license to Sam's Auto Parts for a period of ninety days and di ect staff to bring - back a report to the Council at this time th recommendations. Seconded by Councilman Billings. Upon a ice vote, all voting aye, Mayor Nee declared the motion carrie unanimously. 10. APPROVE REALLOCATION OF UNUSED 199 CDBG HUMAN SERVICE FUNDS: Ms. Dacy, Community Development Di ctor, stated that the Human Resources Commission would like to utilize the $1,684.40 in unexpended 1991 CDBG funds for So hern Anoka Community Assistance in the amount of $1,496.00 and r St. William's food shelf in the amount of $188.40. . MOTION by Councilwoman Jo enson to approve the reallocation of $1,684.40 of unexpended 19 1 CDBG funds to Southern Anoka Community Assistance in the amoun of $1,496.00 and to St. William's Church in the amount of $188. 0. Seconded by Councilman Schneider. Upon a voice vote, all vot' g aye, Mayor Nee declared the motion carried unanimously. 11. APPROVE 199 1994 AGREEMENT FOR PARTICIPATION IN URBAN CORPS PROGRAM BFAVEEN THE CITY OF MINNEAPOLIS AND THE CITY OF /Grants Mr.istant to the City Manager, stated that each year the Citinto a contract with the City of Minneapolis to parintheUrban Corps program. He stated that as a pa tic'the City can employ students who have Federal Work Stuto work as interns and the program is subsidized by thevernment. He stated that in order to participate in the program, it is necessary for the City to contractf with the City of Minneapolis. MOTION by Councilman Schneider to authorize t e Mayor and City Manager to enter into the contract with the ity of Minneapolis for participation in the 1993-1994 Urban Co program. Seconded by Councilwoman Jorgenson. Upon a voice ote, all voting aye, Mayor Nee declared the motion carried unan'mously. 12. MOTION by Councilman Schneiderto se the public hearing for July 6, 1993 for amendments to Chapter and Section 4.04 of the City Charter. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declare the motion carried unanimously. 13. Mr. Flora, Public Works Direc or, stated that Bruce A. Leisch and Associates has completed their preliminary analysis for constructing a glacial drif well in the vicinity of the Locke Park filter plant. He state that it is recommended that Council authorize preparation of inal plans and specifications for Well No. 14 by Bruce A. Lei ch and Associates for an amount not to exceed $5,000. MOTION by Councilman Schneider to authorize Bruce A. Leisch and Associates to preps final plans and specifications for Well No. 14 for an amount n to exceed $5,000. Seconded by Councilwoman Jorgenson. Upon,�(voice vote, all voting aye, Mayor Nee declared the motion carri unanimously. 14. MOTIONby Cou Gilman Schneider to receive Petition No. 10 - 93 for the upgrade f Benjamin Street. Seconded by Councilman Billings. Upon a voic vote, all voting aye, Mayor Nee declared the motion carried un imously. 15. MOTIO$ by 'Councilman Schneider to adopt Resolution No. 40-1993. Seco ed by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. REQUEST Permit Number Applicant Proposed Request Location SITE DATA Size Density Present Zoning Present Land Use(s) Adjacent Zoning Adjacent Land Use(s) Utilities Park Dedication Watershed District ANALYSIS Financial Implications Conformance to the Comprehensive Plan Compatibility with Adjacent Zoning and Uses Environmental Considerations RECOMMENDATION Staff Appeals Commission Planning Commission Author[/,, STAFF REPORT Community Development Department Appeals Commission Date May 18, 1993 Planning Commission Date City Council Date June 7, 1993 VAR #93-07 Bradley & Julie Dunham Tb reduce the side yard setback frm 10 feet to 6.3 feet 1427 North Danube Road 12,380.1 sq. ft. R-1, Single Family Dwelling Residential Residential on all sides Denial Staff Report VAR #92-07, 1427 North Danube Road, Bradley & Julie Dunham Page 1 A. STATED HARDSHIP: "Would like increased space for closet above garage." B. ADMINISTRATIVE STAFF REVIEW: Request The petitioners are requesting that a variance be granted to reduce the side yard setback from 10 feet to 6.3 feet on Lot 8, Block 3, Innsbruck North Addition, generally located at 1427 North Danube Road. Site Located on the property is a single family dwelling unit with an attached two -car garage. The property is zoned R-1, Single Family Dwelling, as are all surrounding properties. Analysis Section 205.07.03.D. (2). (a) requires a side yard setback of 10 feet between any living area and side property lines. Public purpose served by this requirement is to maintain a minimum of 20 feet between living areas in adjacent structures and 15 feet between garages and living areas in adjacent structures to reduce the possibility of fire and to allow for aesthetically pleasing open areas around residential structures. The petitioner is proposing to convert a portion of the upper level of the garage into closet space for the adjacent master bedroom. The truss design of the garage roof provides additional vertical space for expansion and storage. Skylights are located in the south face of the garage roof. While the roof truss design does provide an opportunity to create additional storage area, the original plan of the house did not indicate storage space in the garage. While the addition of storage space in the upper level of the attached garage will not adversely impact the adjacent property, the petitioner does have reasonable use of the property at this time. The house to the west is constructed at the 10 foot setback. The petitioner is not proposing to expand the garage closer to the lot line. Recommendation As the petitioner has adequate use of the property, staff recommends that the Appeals commission deny the variance request. Staff Report VAR #92-07, 1427 North Danube Road, Bradley & Julie Dunham Page 2 Appeals Commission Action The Appeals Commission voted 4-1 to recommend approval of the request to the City Council. City Council Recommendation Staff recommends that the City Council deny the variance request as the petitioner has reasonable use of the property. a�0 Community Development Department PLANNING DIVISION City of Fridley DATE: June 1, 1993 4A 0 TO: William Burns, City Manager• FROM: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant SUBJECT: Variance Request, VAR #93-07, by Bradley and Julie Dunham; 1427 North Danube Road N.E. The Appeals Commission voted 4-1 to recommend approval of the request to reduce the side yard setback from ten feet to 6.3 feet to allow construction of a storage area above the garage of the home. Because the storage area could be used as "living area", the code dictates a 10 foot setback. The petitioner has reasonable use- of the property without the variance; therefore, staff recommends that the City Council deny the variance request as proposed by the petitioner. MM/dn M-93-307 Mr. Kuechle stated tha the garage as proposed would not impede the sight lines, but it would definitely give the feeling of some crowding on the lot. He would recommend denial of the side corner setback from 17.5 feet t 7 feet. MOTION by Mr. Kuechle, se onded by Dr. Vos, to recommend to City Council denial of variance request, VAR #93-06, by Dan Sampson, per Section 205.07.03.D.(2) (c).((1)) of the Fridley Zoning Code, to reduce the side yard setb ck on the corner side of a corner lot from 17.5 feet to 7 feet to llow the construction of a detached accessory structure on Lot 6` Block 1, Moore Lake Highlands 4th Addition, the same being 6209 �aker Avenue N.E. UPON A VOICE VOTE, ALL VOTINGAYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Ms. Smith, seconded by r. request, VAR #93-06, by Dan Samps n, (a) of the Fridley Zoning Code, t from 10 feet to 9.5 feet to allow th to living space, on Lot 6, Block Addition, the same being 6209 Baker A stipulations: Beaulieu, to approve variance per Section 205.07.03.D.(2)-. reduce the side yard setback conversion of accessory space 1, Moore Lake Highlands 4th tenue N.E., with the following 1. The petitioner shall remove he existing driveway. 2. The petitioner shall replace t e curb cut on Baker Avenue with B-618 concrete curb and tter. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRP ON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. McPherson stated this variance request vill go to City Council on June 7, 1993. 3. CONSIDERATION F VARIANCE RE UEST' VAR 93-07 BY BRADLEY &% JULIE DUNHAM: Per Sec ion 205.07.03.D.(2).(a) of the Fridley Zoning Code, to reduce the side yard setback from 10 feet to 6.3 feet to allow the construction of storage space on Lot 8, Block 3, Innsbruck North Addition, the same being 1427 North Danube Road N.E. MOTION by Ms. Beaulieu, seconded by Dr. Vos, to waive the reading of the public hearing notice and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:55 P.M. Ms. McPherson stated the property is located at 1427 North.Danube Road. The property is zoned R-1, Single Family Dwelling, as are an . APPEALS COMMISSION MEETING, MAY 18, 1993 PAGE 6 all surrounding parcels. The property directly to the north is Totino Grace High School. Ms. McPherson stated the petitioner is proposing to convert a portion of the upper level of the existing two -car garage into closet space for the adjacent master bedroom. Because the conversion creates potential living space, the setback required by Code is 10 feet. The existing west wall of the garage is at 6.3 feet. Ms. McPherson stated that while the addition of storage space does not adversely impact the adjacent properties, the petitioner does have reasonable use of the property at this time. The house to the west is also constructed at the 10 foot setback. Ms. McPherson stated staff recommends that the Appeals Commission recommend denial of this variance request as the petitioner does have reasonable use of the property. Ms. Smith stated that if the petitioner converted the upper level of the garage into closet space and ended the closet at the 10 foot setback, would the petitioner need a variance? Ms. McPherson stated the petitioner would not need a variance if the petitioner stops construction at the 10 foot setback. Mr. Brad Dunham, 1427 North Danube Road, stated the hardship is he needs more closet space. He would like to have the closet the full width of the garage so that there would be a window in the closet for light. There is storage over the garage now, and it would be nice to access that storage from the inside and use it as closet space. There will be no change to the exterior of the building. MOTION by Dr. Vos, seconded by Ms. Smith, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:05 P.M. Mr. Kuechle stated he cannot see any demonstrable hardship and would recommend denial of the variance. The house already has a significant size closet off the master bedroom, and the petitioner has the opportunity to add a 12 ft. by 18 ft. closet within the confines of the Code. Basically, only four feet would need to be cut off, and this is not a significant amount. The benefit to the petitioner by granting the variance is not in line with the impact on the Code. Ms. Smith agreed there is no hardship; however, there will not be any exterior change to the structure. Even though there is no hardship, she would have a difficult time recommending denial. E., D TO APPEALS COMMISSION MEETING, MAY 18, 1993 PAGE 7 Ms. Beaulieu agreed with Ms. Smith. The petitioner has indicated that by getting the extra four feet, he will be able to keep a window in the closet. She did not see any negative impacts so she would recommend approval. Dr. Vos stated the petitioner does not have any hardship. Since there will be no impact on the neighbor to the west, he would recommend approval of the variance. Ms. Savage agreed that the public purpose is being served as nothing is changing the character of the existing structure. She would also recommend approval. MOTION by Ms. Smith, seconded by Ms. Beaulieu, to recommend to City Council approval of variance request, VAR #93-07, by Bradley and Julie Dunham, per Section 205.07.03.D. (2). (a) of the Fridley Zoning Code, to reduce the side yard setback from 10 feet to 6.3 feet to allow the construction of storage space on Lot 8, Block 3, Innsbruck North Addition, the same being 1427 North Danube Road N.E. UPON A VOICE VOTE, SAVAGE, VOS, SMITH, BEAULIEU VOTING AYE, RUECHLE VOTING NAY, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED. Ms. McPherson stated this item will go to City Council on June 7, 1993. 4. COMPANY: Per Section 205.17.03.D.(4).(a of the Fridley Zoning Code, to reduce the front yard setba from 100 feet to 90 feet to allow the construction of a sural addition on Lot 7, Block 1, Nagels Woodlands Addition, the ame being 7615 Baker Street N.E. MOTION by Ms. Beaulieu, seconded by Dr.Vos, to waive the reading t of the public hearing notice and open e public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRP RSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 8:10 P.M. Ms. McPherson stated the property is located east of the inter- section of Ashton Avenue and Liberty Street. The property is zoned R-1, Single Family Dwelling, as are all sur ounding properties. Ms. McPherson stated the petitioner is p oposing to do some extensive reconstruction to the roof of the ex sting dwelling unit. As part of the reconstruction, a new front wi dow is going to be installed. The window includes, not only a rec structed-roof, but also moving the floor of the dwelling out, the eby increasing the amount of living space. It does encroach in,o the front yard M - jo ! ® F t (iAj� P4s tu VAR x#93-07 • 27 North Danube Road, B_ ley & Julie Dunham MAILING LIST Bradley & Julie Dunham John O'Brien 1427 North Danube Road 1453 North Danube Road Fridley, MN 55432 Fridley, M 55432 Lowell Mellum Darrel Gubrud ' 1464 North Danube Road 1445 North Danube Road Fridley, DMT 55432 Fridley, MN 55432 Charles MacFarlane Robert Betzold 1452 North Danube Road 1421 North. Danube Road Fridley, DMT 55432 Fridley, DMT 55432 Donald Peters Kent Bergene 1438 North Danube Road 1415 North Danube Road Fridley, MDT 55432 Fridley, MN 55432 'Thomas Nelson Hein Tran 1424 North Danube Road 5670 West Danube Road Fridley, DMT 55432 Fridley, MN 55432 Paul Nelson Bradley Carlson 1425 North Innsbruck Drive 5660 West Danube Road Fridley, MSV 55432 Fridley, DMT 55432 Michael McDonough Daniel Larson 1439 North Innsbruck Drive 5650 West Danube Road Fridley, DMT 55432 Fridley, MN 55432 Rasheed Kahn Diane Savage 1455 North Innsbruck Drive 567 Rice Greek Terrace Fridley, MN 55432 Fridley, MV 55432 Duane Narog City Council 1465 North. Danube Road City Manager Fridley,MN 55432 Mailed 5/7/93 Totino Grace High School 1350 Gardena Avenue N.E. Fridley, DMT 55432 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, May 18, 1993, at 7:30 p.m. for the purpose of: Consideration of variance request, VAR #93-07, by Bradley and Julie Dunham: Per Section 205.07.03.D. (2) . (a) of the Fridley Zoning Code, to reduce the side yard setback from 10 feet to 6.3 feet to allow the construc- tion of storage space on Lot 8, Block 3, Innsbruck North Addition, the same being 1427 North Danube Road, Fridley, Minnesota, 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, 571-3450. 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 May 11, 1993. s COMIISSION APPLICA. wON REVIEW FILE NUMBER FELE DATE MriP ' oarE FILE DESCRIPTION #93-07 CITYOF 21 4-26-93 5-18-93 1427 North Danube Road FRIDLEY COMPLETE REVIEW CHECKLIST AND RETURN TO PLANNING DEPT. �1111CHELE M. 12 SCOTT E. [� JOHN F. JP)CLYDE W. CLYDE M. LEON M. S'7 UCK M. COMMENTS RA CITY OF FRIDLEY p 6431 UNIVERSITY AVENUE N.E. FRIDLEY, MN 55432 (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT VARIANCE APPLICATION FORM PROPERTY INFO MAT - site pllanrequired for submittal; see attached Address: 1491 dR., �Pi 96ad,h� Property Identification Number (PIN) d 9 ®® 3 Legal description: Lot A Block v Tract/Addition Current zoning: /45`,601'0 -� Square footage/acreage Reason for variance and hardship: 11W114 114j, b (1.05E Wbt Section of City Code: Have you operated a bsi ess 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 . r A l ADDRESS , DAYTIME PHONE�� SIGNATURE DATE PETITIONER INFORMATION NAME ADDRESS A'dl' %� ' / DAYTIME PHONE SIGNATURE DATE - Fee: $100.00 $.00 for residential properties Permit VAR # ipt # I a(0 oZ Application received by: Scheduled Appeals Commission date: 1 a Scheduled City Council date: M CITY or PRIDLEY 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. Generals 1. Name and address of project 2. 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 5. 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 S. 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 VAR #93-07 Brad/Julie Dunham %2 SEC. 24, 1. 3®, R. 24 a r Y OF FR/DLEY PARK i Bo+ • 31 4 42 ��K V2LA K") , 9R0 AOO/T/ON /NNSBI UCK SEC. Z24 as a CE \ 2#0 AO! �, ._..... - I - 1 - o a$ �• a ♦' y', � � (� ,1°.aar * N) �� e 1 i e s(N 0 'O) ♦ erp, b+ e P , • ,J s.•o, / FFHAW 7. t it ^ ;f i 4e t e Aazt 1t� �7yJ,j`�'* LANE-.d:T--- �3 � �4 °fC� i''� t "`•<. ;id f, n (f� , J J,• . 6+.u0 2�r4 a r C" ,.,.+�n(�) ! �) ! �� p a f: 1 ,} �i I a ra .p e ter �a �P' (� ♦ . ' e ie w • Z ' '� ��. l j a J , �A� a P �A .� a �V' j W yr •�1 1 • 1.� p0 i plA ei a aub1�('"� '� Ul •� �q� 5 �.—>:-� .•� as , �� ee. � ` ♦ ��o e n r ,0 n. �. ' ; r ��.-, a d A'� rw !1 � 4r , " i .:� a a` �� �' f.,, 9:W< �-i-{r@RTi'I-,' • j�h", a `"t?� z ;s. w �� �J '' � e � , �^ � ± to . � � • Y � 0 „'„ '' M) 1 l0� r0 F ,_ -Y _ h+l:i a ad e(+) , � , — •: a : _ ,`, Nom' o � o � ` Hyl r , 1 :�.9 o e ` J- a '. , -'wn 0 or � a a ' r�a .� � a a `� p $ .,j IP) 'e, .i a / •*,a �'��0 �(J) ,a .F t� e , , . - __ t — ` 2 .. a �' G C • , . .19 \ k Oj aMn a h a ° i a e � .6 a •r'J4¢ � � `:. � (0 M 1 ° }) V) ` jr 0"s. V) ��-�— ..moi I 'tl; �; 1p' • �� � � ' _ c a , • t w � a � � i6 • • `9 1 c� �-idBRTFt- - a �6, a,•', . IN 17 �� rr a V". `y ^O iii W ,+ 16 � 3 •'bac � � Z y� r \ dr 4� ! � N oU7 , P it M< a W= r+ - - �a ♦ '•a-. a �e v+. � i a � B.V s �0r, � . OQ� ` s i G J Al f � r 4'J S AJ.I.. &A C.4a1.CA:�1 ,n i � s ;; •S � "�' '• " PLA , ►sem � '--- a lay �• ;cf,� I i i COURT F L T„�7.M c AU U SKYWOOD LANE w�"M+�e'- -- " •• 4p --- 9� _ _ _ "_ �_ ,� . aeroll ni{�a fW W N) i) �Y) (A) (p) CJ) :.9 ,I • ,.._., o: y pa ,» �, - 6 C t J A Q ,' ,%CaJ r;��� ..r til - _ 36 • ., ./— 2r 271 - w♦ 1 1 •r r I �� wj O ' 26 ip z Z (9f 34 26 I 43 8o LOCATION MAP 137 38139 ..-. PAR+ --- j ;.Hc)OL -- Vl,, /ON —.No. VAR #93-07 i Brad/Julie Dunham XY tip^ :- kz 8P Z NING MAP 8U PARTIAL ELEVATION VAR 493-'07 Brad/Julie Dunham � • z Y , J . :J'..�en^ ,.��` �. ....r. ....• . .�4r� k vb. 1 ...Y t...�....s i.. .. .. �-rte•:. = �1' .ate ...... ..- �n,n•�s,. Mw�w,re"'�+. �:4.}{• u.-cr ,.. • ., <QySc+ i am'y1_.- -.- .. - 1 „u - .w+. -�.... ...awn-�ca+a�ttna. ! ... A -J. - - YY:K 6i .. �. ... as. u+•. •ri.`-*b _�:.. y^�rs6. 6� y' �� �^+»i�4�e�.: Px .�jy'�CA1M.446`3' ... � n Yom.. �--.:.a`v!�• f i � % Mwr�•ma Y .-• .. � , '. � � _. .. �, 7n ... _ .-, =.+ -• �K/.®M'S .,_,.,,,,�•,� • • � ''. �'W1111• P�•� i Aw �' E.+ TO �aai. v .-manv.sil.�.. .. - . yA-4..sT.. SaR • . - ...S'�•� <Ti`s�aiw+ .. _ - ... <c..IMOA . • '. vj' . I - IT y - & 0. �Z Y ro ,mss 9�. = � i { 1 8U PARTIAL ELEVATION VAR #93-07 Brad/Julie Dunham 4 4SUVt--.,T-V 1t4z,z Mowr" I)Akvqusr- ROAD FR%c)Lr.y, Met. 55'4-32 87.00' pt.^ -r 87.04 Mr -AS. 5 8 W 10' 28" F - N Sao 2o''+9•' w 87.00' PLAT Nowrm, DAKU15Z ROAD Lo -r 8) BLOCK 33 IWA315RUCK KOftT"r Amo k A Co u m -r -1, M I M m F- a 0 -r ^. 0 OW."COVIII.-A I %to r4 "a ft Y Nkc. Mr IF6, w ta 0 0 V--r4C,-Tr-1L IRON MCPMUMC.Der ZIL-V- 4e CAPrILD RL -51 %0632. I hereby certify that this survey, plan plata prieliminarv, Oat or report was prepared by me or under my direct supervision and that I um a duly. Registered_ Land Survevor under the laws of the State of Minnesota. Ep I SITE PLAN 11C 11C j a. All in ro �N.N :r fN if I U1 IMOT .11. -4" Cr 04 r. N Sao 2o''+9•' w 87.00' PLAT Nowrm, DAKU15Z ROAD Lo -r 8) BLOCK 33 IWA315RUCK KOftT"r Amo k A Co u m -r -1, M I M m F- a 0 -r ^. 0 OW."COVIII.-A I %to r4 "a ft Y Nkc. Mr IF6, w ta 0 0 V--r4C,-Tr-1L IRON MCPMUMC.Der ZIL-V- 4e CAPrILD RL -51 %0632. I hereby certify that this survey, plan plata prieliminarv, Oat or report was prepared by me or under my direct supervision and that I um a duly. Registered_ Land Survevor under the laws of the State of Minnesota. Ep I SITE PLAN VAR #93=07 Brad/Julie Dunham AU ! r It y 3 i-' _ ! t - - • t t 1 j2 d•'- '; ,.yam . - - __ k ..h. _ � , by t •a �' or _ 4 PARTIAL NECOND FLOOR PLAN z D -.--Z 4f - i .r ------- -• Sk, rl.4S F-1 le cc -T7 0 APPROVEI? SUBJECT CONFORMANCE _ TO APPLICABLE CODNANCES. �--z-93 BUILDING[FDLEY. R.ITY OFNNESOTA 1l �s 1l1 sr P y jeeo�s Q s req i Z, J•aSW[tP �b P�re��� rvv4— -'-rule ^ duc/3-- d64lilU 4t4?A. • c`t- 4fl ,�eo�/ R� b� c�+zfl�R-�DZ�? (juov��tJa fog �.'�s��/ . G1 i�� •/ i 3. LK��ct<S( C/eJ;Ced' �� � sc�rffi � ��(/-/yam•' �. �-..�cdal� seco�+.� �i�yer eV��•Sor••-� o..!®o/1b-��eVe� S ��a�a�l se//���oS�r a�•�ara�/p/�/�� door. /� .ca /e/-.srr or $01 pro" $01 do s o a aO- oa toot L 4rl� S U Rw Vy FOR ' 1!) Vt^P VIA04MAM A 4 VI M0It"rVk DMAUSE, ROAD Fit% c) L. xv, NA*4. S S W3'Z Lo -r 8) BLOCK 3, XKUSSRUCK KQVtT%k? Amove^ Coum-r-j, Mimmmswr^. 0 DW.M9X-r§-4 IWOM %A*ft'AW%m.M-r F -C, VMD 0 'D—'T4CP'rr-'L %Ike to Mc -m uh^c."-r ZIL-r AP CAP -PILO RL.3 1011332. i I hereby certify that this survey, plan plat. prclimirrAry plat or report was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the laws of the State of 'e, Minnesota.� /, =) CM f f Reg. No. Date Job No. Book No. 87. 00' Pt.A,-f 87-04 Mr -A's. 5 8 er Aa ZB" F - j a 0.1 "t OL. All 0-,j -6,-0 (I :r - in N t'i :r - Sam L."! Id O ase zO* urct" U) 'a 84DALV MCA&. 87.00' PLAT ROAD Lo -r 8) BLOCK 3, XKUSSRUCK KQVtT%k? Amove^ Coum-r-j, Mimmmswr^. 0 DW.M9X-r§-4 IWOM %A*ft'AW%m.M-r F -C, VMD 0 'D—'T4CP'rr-'L %Ike to Mc -m uh^c."-r ZIL-r AP CAP -PILO RL.3 1011332. i I hereby certify that this survey, plan plat. prclimirrAry plat or report was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the laws of the State of 'e, Minnesota.� /, =) CM f f Reg. No. Date Job No. Book No.