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VAR 89-09PROPERTY INFORMATION PROPERTY ADDRESS LEGAL DESCRIPTION: VARIANr'7 REQUEST FORM VARIANCE VARIANCE FEF—&—Q- RECEIPT #. 3 a Y6-7 SCHEDULED APPEALS MEETING DATE ?/W'9 LOT_! Z BLOCK "Y' TRACT/ADDITION i3ra l ui e w ler ss e, PRESENT ZONING1c -! VARIANCE REQUEST(S): Attach a plat or survey of the property showing building, variance(s), where applicable. %/, / Section of the Code: �OS,D?,03� List specific hardship (s) which require the variance (s) : A woa, lee hko 7o a,Qd io , fie Qtr erarsres j-.*`lpw For a `iam, wo#-A 34-sp ,y4,srmge- -9o•-�/trdea V /atd�i AP - , ,- ... ,e _, . V- JA �e- fere «. a 7 W r_ i' & 0 & Q s fav2 o e .I ej _ _ id r_ g e. 4#00' L6 . i 3 /J n 14A/ W AIS I -A pe �a .t as o,, -r �s�� y a�� -f6 foie �.c/� 0 /eu&! d� oar efraK� s/e�e assess tss#s ssssssssssssssssitiFi#sssssssssssssss�sssssssssssssssssssss*##ssssss#• FEE OWNER INFORMATION / 37 NAME (please print)Te `cw� d �a/i a� _d c r—lC PHONE ADDRESS r•fdk �F SIGNATURE DATE Note �°f�rs j.roc s.+ € ff �r�r• PETITIONER INFORMATION NAME ( please print) �, h •� �D c z�dK PHONE ADDRESS SIGNATUF sss�sf��t�e�t+tssfes��tf#eee�tfit*�teeite�eef*Ise#�tf�teef#es�tefeeee�tfe#ffffes�F#s*�tefffffef# APPEALS C0MMISSION: APPROVED DENIED ._DATE CITY COUNCIL: APPROVED DENIED DATE STIPULATIONS: CITY OF FRIDLEY ® 6431 UNIVERSITY AVE. ,. FRIDLEY,. MN 55432 (612) 571-3450 PROPERTY INFORMATION PROPERTY ADDRESS LEGAL DESCRIPTION: VARIANr'7 REQUEST FORM VARIANCE VARIANCE FEF—&—Q- RECEIPT #. 3 a Y6-7 SCHEDULED APPEALS MEETING DATE ?/W'9 LOT_! Z BLOCK "Y' TRACT/ADDITION i3ra l ui e w ler ss e, PRESENT ZONING1c -! VARIANCE REQUEST(S): Attach a plat or survey of the property showing building, variance(s), where applicable. %/, / Section of the Code: �OS,D?,03� List specific hardship (s) which require the variance (s) : A woa, lee hko 7o a,Qd io , fie Qtr erarsres j-.*`lpw For a `iam, wo#-A 34-sp ,y4,srmge- -9o•-�/trdea V /atd�i AP - , ,- ... ,e _, . V- JA �e- fere «. a 7 W r_ i' & 0 & Q s fav2 o e .I ej _ _ id r_ g e. 4#00' L6 . i 3 /J n 14A/ W AIS I -A pe �a .t as o,, -r �s�� y a�� -f6 foie �.c/� 0 /eu&! d� oar efraK� s/e�e assess tss#s ssssssssssssssssitiFi#sssssssssssssss�sssssssssssssssssssss*##ssssss#• FEE OWNER INFORMATION / 37 NAME (please print)Te `cw� d �a/i a� _d c r—lC PHONE ADDRESS r•fdk �F SIGNATURE DATE Note �°f�rs j.roc s.+ € ff �r�r• PETITIONER INFORMATION NAME ( please print) �, h •� �D c z�dK PHONE ADDRESS SIGNATUF sss�sf��t�e�t+tssfes��tf#eee�tfit*�teeite�eef*Ise#�tf�teef#es�tefeeee�tfe#ffffes�F#s*�tefffffef# APPEALS C0MMISSION: APPROVED DENIED ._DATE CITY COUNCIL: APPROVED DENIED DATE STIPULATIONS: The petitioner hereby understands that: 1 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. I V TE 5. VARIANCES A. Appeals C o mission. The City Council created an Appeals Com rdssion to serve as the board of appeals and adjustment, and to exercise all the authority and perform all functions of said board pursuant to Minnesota Statute Sections 462.351 to 462.364 and operate according to the Fridley City Code. B. Petition By Owner. (1) Appeals from Decisions on Code Enforcement: At feels time within thirty (30) days, any property owner 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 Iappeal 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- aclaini,strative 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 200 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. D. Variances In R-1 Zoning. (1) In areas zoned 1-1 (One Family Dwelling District) , the Appeals coamission 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 Conmission. (b) The staff concurs with the recommendations of tht 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. (2) When the ate 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. 4he Appeals Commission shall provide for a written record of its gproceedings which shall include the minutes of its meeting, its ndings 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, of ter receiving the recommendation of the Appeals Commission, with a policy review by the Planning Co mussion, 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. e COMMIsEl FILE SER FSE DATE CITYOF 24 5/22/89. FM DLEY ION APPLI REVIEW NE:ETM DATE I FILE DESCRIPTION VAR #89-09 6-13--89 999 Overton Dr. N.E. - rear yard v COMPLETE REVIEW CHECKLIST AND RETURN TO PLANNING DEPT. IF] BARB D. 1 COMMENTS RICHE E M. ' `r MARK W.. lgl°bARREL C. M. M. 1 ❑ JIM H. ❑ BOB A. 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- 09, by Robert and Donna Tomczak, pursuant to Section 205.07.03.D.(3).(a) of the Fridley City Code 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., 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 LIST FOR VAR # 89-09 999 Overton Drive N.E. City Council Members Richar d Dahlheimer 937 - 68th Avenue N.E. City Manager Fridley, NAV 55432 Alex Barna, Chairperson Appeals Camnission David Arneson 560 Hugo Street N.E. 953 - 68th Avenue N.E. Fridley, m Fridley, M 55432 Robert and Donna Tomczak Quentin Watts 999 Overton Drive N.E. 991 Overton Drive N.E. Fridley, NAV 55432 Fridley, M 55432 Janet Knutson Louis Marshall 6799 Overton Drive N.E. 981 Overton Drive N.E. Fridley, M 55432 Fridley, M 55432 Wayne Wellan Donald Beaudette 6793 Overton Drive N.E. 961 Overton Drive N.E. Fridley, M 55432 Fridley, M 55432 Leo Allender Donald From 936 - 68th Avenue N.E. 940 Pandora Drive N.E. Fridley, M 55432 Fridley, M 55432 Jean Blix Robert Benson 930 - 68th Avenue N.E. 950 Pandora Drive N.E. Fridley, NAV 55432 Fridley, M 55432 Adolph Olson Bernard Carlson 6760 Overton Drive N.E. 970 Pandora Drive N.E. Fridley, M 55432 Fridley, NAV 55432 Lillian Westin Ronald Nisbet 940 Overton Drive N.E. 990 Panora Drive N.E. Fridley, M 55432 Fridley, NAV 55432 Mailing Date: 6/2/89 James Bruder 969 - 68th Avenue N.E. Fridley, PMI 55432 Robert Guist 961 - 68th Avenue N.E. Fridley, M 55432 Edgar Breitenfeldt 980 Overton Drive N.E. Fridley, MN 55432 Ralph Hildebrandt 998 Overton Drive N.E. Fridley, NAV 55432 �- avy blo � 1 b b "W"7")( & m Tc uq--,,n �& D 10,3io� b APPEALS COMMISSION MEETING. JUNE 13, 1989 PAGE.1 OTION by Mr. Kuechle, seco\yd Ms. Savage, to recommend to City Council approval of varquest, VAR #89-10, by Duane Jorgenson, pursuant to Sec.07.03.D.(3).(a) of the Fridley City Code to reduce the resetback from 34 feet to 18 feet to allow the expansion ofting garage on Lot 1, Block 2, Sylvan Hills, Plat 4, the ng 288 Mercury Drive N.E. UPON A VOICE VOTE, ALL VOTING AYE, MOTION CARRIED UNANIMOUSLY. BARNA DECLARED THE Mr. Barna stated that because of staff 6ijection, this item would go to City Council on July 10, 1989. 3. CONSIDERATION OF A VARIANCE REQUEST. VAR #89-09. BY ROBERT AND DONNA TOMCZAK: Pursuant to Section 205.07.03.D. (3). (a) of the Fridley City Code 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. OTION by Ms. Savage, seconded by Mr. Kuechle, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BARNA DECLARED THE PUBLIC HEARING OPEN AT 8:07 P.M. Ms. McPherson stated this property is located in an R-1, Single Family Dwelling District, and is surrounded 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 researching the file for this property, staff discovered that in 1961 the 35 foot front yard setback requirement was observed on both street frontages for the corner lot, even though by Code, only the shorter of the two frontages is considered the front yard. In this case, the south side is clearly shorter than the west side. In 1965, the existing garage was constructed in the required rear yard setback of 29 feet. Apparently, an interpretation was made that the garage was in the side yard. Ms. McPherson stated that in 1976, the Appeals Commission denied a variance to place a swimming pool and fence in what is considered the front yard abutting 68th Avenue. Ms. McPherson stated staff is recommending that because of the various Code requirements that have been followed and the difficulty in the Code interpretation, the Commission approve this variance. In reality, the front yard as defined by the Code is functioning as a side yard since the access and orientation of the APPEALS COMMISSION MEETING. JUNE 13, 1989 PAGE 6 house is toward Overton Drive, the defined side yard. Consequently, the defined rear yard is in fact functioning as a side yard. Ms. McPherson stated it is staff's opinion that a free-standing building would take up what usable space the petitioner has in the rear yard. The petitioners do have an overhang on the back of the existing garage they are using as patio space and recreation area. Ms. McPherson staff is recommending one stipulation be attached to an approval of the variance request: 1. Future accessory buildings shall be limited to a maximum of 100 square feet in size. Mr. Robert Tomczak stated that when they built the house in 1961, they were told that the house should face Overton Drive. After the tornado when they added the garage, they didn't need a variance, and that was considered their side yard. He stated he is requesting a variance to add on to the garage because he wants to improve the back yard. He stated the existing shed is an eyesore, and he would like to get rid of it and relandscape. Mrs. Donna Tomczak submitted a letter to the Commission from their neighbors to the north who have no objection to the variance. NOTION by Dr. Vos, seconded by Ms. Savage, to receive into the record a letter from DeEtta and Quentin Watts, 991 Overton Drive, stating they have no objection to the Tomczak's adding onto their garage. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BARNA DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Dr. Vos, seconded by Mr. Ruechle, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BARNA DECLARED THE PUBLIC HEARING CLOSED AT 8:20 P.M. Dr. Vos stated he lives just down the block at 990 - 68th Avenue N.E. He stated that because of all the things that have happened with this lot over the years, the best thing is to allow the addition to the existing garage and to remove the existing storage building. The petitioner has nice landscaping in the "front yard" and "side yard". He would have no objection to the variance. Ms. Savage agreed. She also is in favor of approving the variance. Mr. Ruechle agreed for the same reasons. APPEALS COMMISSION MEETING. JUNE 13.-1989 PAGE 7 MOTION by Dr. Vos, seconded by Ms. Savage, to recommend approval of variance request, VAR #89-09, by Robert and Donna Tomczak, pursuant to Section 205.07.03.D.(3).(a) of the Fridley City Code 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., with the following stipulation: 1. Future accessory buildings shall be limited to a maximum of 100 square feet in area. UPON A VOICE VOTE, V08, SAVAGE, AND RUECHLE VOTING AYE, BARNA VOTING NAY, CHAIRPERSON BARNA DECLARED THE MOTION CARRIED BY A VOTE OF 3-1. Mr. Barna stated he had no objection to the approval of the variance, but voted against the motion only because he would like the City Council to consider a possible change in the Zoning Code regarding the definition of side yards on corner lots. This item will also go to the City Council on July 10, 1989. 4. CONSIDERATION OF A V ANCE REQUEST, VAR 089-11, BY NORDOUIST SIGN COMPANY: Pursuant to Section 21 09.01.B of the Fridley City Code to increase the square foot ge of a free-standing sign from 24 square feet to 40 square eet on Lot 1, Block 1, Grace High School Addition, the same eing 1350 Gardena Avenue N.E. NOTION by Mr. Kuechle, seconded hearing. UPON A VOICE VOTE, ALL VOTING AYE, PUBLIC HEARING OPEN AT 8:25 P.M. The petitioner was not present. Dr. Vos, to open the public BARNA DECLARED THE Mr. Barna asked if there was anyone in theQiaudience who would like to make any comments concerning this reque . Mr. Spencer Minear, 1291 Gardena Avenue, s ated he is at the meeting to voice an objection to the sign va iance. He stated since the petitioner is not present, it is not lear exactly what the motivation is for this sign. He stated h has difficulty rationalizing the need for an additional sign that identifies Totino Grace High School. The school is clearly w 11 marked with a sign about 5 feet high. The school is relatively easy to find. If the school is trying to put up a sign that is lighted and advertises upcoming events, that is not appropriate ignage in a residential neighborhood. The school is imbedded in a esidential neighborhood, and the school would be advertising its ctivities only to the neighborhood. anroF FRIDLEY COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM DATE: July 5, 1989' TO: William Burns, City Managerk FROM: Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Variance Request, VAR #89-09, by Robert Tomczak, to Reduce the Required Rear Yard Setback from 28.9 Feet to 7 Feet Attached please find the staff report for the variance request, VAR #89-09, by Robert Tomczak, to reduce the required rear yard setback from 28.9 feet to 7 feet. The Appeals Commission approved the request 3-1. Staff recommends that the City Council approve the request with one stipulation : 1. Future accessory buildings shall be limited to a maximum of 100 square feet in size. MM/dn M-89-381 J ® 5L ® STAFF REPORT APPEALS DATE : June 13, 1989 CITY OF PLANNING COMMISSION DATE FRIDLLY 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 UTYJTIES PARK DEDICATION ANALYSIS FINANCIAL IMPLICATIONS CONFORMANCE TO COMPREHENSIVE PLAN COMPATIBILITY WITH ADJACENT USES & ZONING ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMENDATION APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENDATION VAR #89-09 Robert Tomczak To reduce required rear yard setback from 29.8' to 7' 999 Overton Drive N.E. N/A N/A R-1, Single Family Dwelling R-1, Single Family Dwelling N/A N/A N/A Yes Yes N/A Approval Approved 3-1 5M Staff Report VAR #89-09, 999 Overton 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: "We would like to add ten feet to our garage to allow for a home workshop and storage for garden and lawn equipment. At the present, we have a storage shed for the latter which is unsightly. We would like to do away with this and re -landscape our back yard to the quality level of our front and side yards." C: ADMINISTRATIVE STAFF REVIEW: Request The petitioners, Robert and Donna Tomczak, are proposing to construct a 10 foot x 24 foot addition to their existing garage located on Lot 12, Block 4, Brookview Terrace Second Addition, the same being 999 Overton Drive N.E. This addition would reduce the required rear yard setback from 29.8 feet to 7 feet. Site The parcel is within an R-1, Single Family Residential Dwelling district and is located near Meadowlands Park. The parcel is a corner lot. Analysis In 1961, the primary structure was constructed observing the 35 foot front yard setback on both street frontages, even though the code states "..the front shall be the shorter lot line that abuts the street right of way..." (205.03.48). In 1965, the existing garage was constructed in the required rear yard setback of 29 feet. Apparently, an interpretation was made that the garage was in the side yard. In 1976, the Commission denied a variance to place a pool and fence in the front yard abutting 68th Avenue. The front yard as defined by the code is in reality functioning as a side yard since the access and orientation of the house is toward Overton Street, the defined side yard. Consequently, the defined rear yard is in fact 5N Staff Report VAR #89-09, 999 Overton Drive N.E. Page 3 functioning as a side yard. To summarize, this lot has two front yards and two side yards. The petitioner has the option of constructing a detached accessory building of 240 square feet, the size of the proposed addition. In doing so, the petitioner would create a greater impact on the separation of structures and amount of green space remaining on the parcel. By attaching the addition, the petitioner reduces these impacts while maintaining the spirit of the code. Because the existing garage was permitted to be constructed by the City in the "rear yard" in 1965 and because the proposed expansion is to be located in the area which is practically the side yard, staff recommends that the variance be approved. The zoning ordinance is imposing the hardship in this case. Further, the proposed addition would be less intrusive than an accessory building built three feet from the lot line. To preserve the remaining green space, staff recommends that any future accessory buildings be limited to no more than 100 square feet. Recommendation Staff is recommending that the Appeals Commission approve the request, VAR #89-09, to reduce the required rear yard setback from 29.8 feet to 7 feet, with the following stipulation: 1. Future accessory buildings shall be limited to a maximum of 100 square feet in size. APPEALS COMMISSION ACTION The Appeals Commission voted 3-1 in favor of approving the request, VAR #89-09, by Robert Tomczak, to reduce the required rear yard setback from 28.9 feet to 7 feet. Although in favor of granting the variance, Commissioner Barna voted against it in order for the City Council to consider the issue of required rear yard setbacks on corner lots. CITY COUNCIL RECOMMENDATION Staff recommends that the City Council approve the request, VAR #89-09, by Robert Tomczak, with the stipulation as stated. 50 205.03.54. 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 combination 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. The 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 (108) of being equal, the owner may select either street lot line as the front. 49. Lot width. Rhe 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. 50. Mobile B e Park. An approved area for the parking of occupied manufactured homes. 51. Motel. A building containing guest roans, with direct access to garage or parking spaces, and which is used for the acommWation of transient individuals. 52. motor Vehicle. Any vehicle which is self propelled. 53. Nonconforming Use. Any building, structure or land lawfully occupied by a use or lawfully existing at the time of the passage of this Chapter or amen3n mts thereto, which does not conform with the regulations of this Chapter or future amendments, for the district in which it is situated. 54. nursing some. A State licensed facility used to provide care for the aged and infirmed persons who require nursing care and related services. 12/87 205-7 CITY COUNCIL ACTION TAKEN NOTICE Robert Tomczak 999 Overton Drive N.E. Fridley, MN 55432 Dear Mr. Tomczak: July 13, 1989 On July 10, 1989, the Fridley City Council officially approved your request for 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 Second Addition, the same being 999 Overton Drive N.E., with the following stipulations: 1. Future accessory buildings shall be limited to a maximum size of 100 square feet in size. 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. 'TAR #89-09 5� )bert Tomczak N //P SEC. /3 :13� 'CONNEN fC�/! At IA C 5.1 (d �'•'• � •� �dEO) � .w• .n ipo t � ` '` >� mil ` ` � •l .•` •a � Z :r.,,,� 1 -W�� /3 A') � �e) V �. -• ���, yam• �- /�`� r, �r� �.+T wk� ,»...w :7i�c�'i ) /Z �/ �•.,�6.r --`B `CREEKS z •� Y. + -68 H AVE. y4• • S.. •• Via) s••, r,. :� (i, 't ..! ,d. .O - .L b I V � ,�� Z � ,r .�`4 .*� � 6j.; `-i '� ltiJ + -(� `�a N•15� 6f;'. a -^"' � •.1ir• L I Q'� 4 .wl �' " A i i "► ''�" aCNANNEL ROAD4,1 It STA a' iQ• K r �� �.,n „ ADO. /B�,/9 p� '3 a 4K 4C alp :i - ('p B as . ' /°� J ably i• rq ° to ♦ i a w> b 68 sr zs 4M q t a i"4;iN Z •�,, 41 I pp. !w(10 aZo :• L 27 irw Z ,�.' ay, tj t>DA: & 87Qj1 AV. NE �. rF, 6A'lr 5A 2B -9 ev� 0: wk 4 <` + P�,aeol'♦ ; �`�►�i► ✓V Cp16�.3e ` •c M !�i ar ti >do7 • fn �• W -�- - 90. k i7" a A�2 re J3� 2 2 a� 8F * 17 +raGto l..•Y An 4f) P ti) /i J a s a // 4l�' j ro)o 3, Z �_i %' a h • = r n� _.� y:) .ra ;o : sNi a � � �✓ �' ' pn Q . • :+;i a� G °"s � c /OMS S to d a ; �,�% - +' J 9A 9C,98t'8>I 8H 88 2J 1i i b` :^o tar) 5 go A)71 fR ENf fC. 23 24 a LOCATION MAP VAR #89-09 2obert Tomczak LAND SV A Vf v13q4 carve ors eerancete ssoeia(es. "2t:E4 , O _ G r Ll :�� �Cituitt ��7sh;6�/tN��ii.(•r (LI. 00921 FOANOS w v s. o o u r M • r�NNeAFo��• eo, r�NNs�orw' ru:ioo •.tfoo TARRY S JOHNSON � RORLRT 4. MEREDITH i J I a•►� - su �'; �5'SIG� L24 /Q 77 A 14 Ag 1A• ,� .�i t�'e a:� - �..w .:, ,-.. moi. .f a`w: ii Z-�-~. ��•s`.� '7r _ _ _,..*.►•;v�_-. S~1: � f • �, -' d �... r. -.. y ,,, a .e .. 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I L 9 � a 6 S /• ! �� PB 7• Ii 2 8 V N /i /S H / �� ��►.. fI"%jj S M+�otO R& ids. pd. 201 Arc.rte r!a 2 t * W / 2 I -O 4 QV 6 f •}+�iCM ���jr � J N /i /S H / �� ��►.. fI"%jj S M+�otO R& ids. pd. 201 Arc.rte r!a 2 t * W O I -O I •t I•G t. 9 17 ` t`P 21 / Pl Bt I•? I�QQQQga©w aam _= =,L N©un IFIIII r demo WVAram WIN fib man mm 1001 FRIDLEY 0 ♦uta♦ MIDDLE its • ZONING MAP 'CORNER EC./J r N 1/2 SEC. /3 clTY of Ff n 13 LOCATION MAP LANG euwvr�1.inS flue <S.' rsuppepor's certificate • ssOCZC 0 • �C:JY1t'rA�tit � `.OIZd.t/rit!�,(`ri L il, 10621 F N A N C i w v i. M1NN:eAFOL1S i0. �ARRY S. JOHNSON Tuxedo s.loo ORE!RT 14. MEREDITH N J 2, •, o a 9 M a4,j B/. 21.1 24 OflllSUll t es iOUT" M I N N i f O T A I / f�o.y franca �iJr4"�.r � rrr',��, �,yvr'� ��,ti' y�i4 �.._p< v_ .�• s ��'. O., = n r. 1 '�,. .b r P'..•. '� fi '� a•7�- � .t ' s ' r �• 1 44 a ♦ _ trice :mcd cotitrct rte�tr aaata t e,an o f �jt a� o� .tJi4e 6 oK�da ca IZOOKU? �u = F aArB ADD t r R C , 4 .0 A /�iso�Ea Cowtlty, ; o f al.C. $wu`d�urds t a #i!�*sreaK, ltd of to .�j1�•/��� P s .. .'�./W/r'.0� Q ♦ i ~ f �toca#.co„+. Rd �a ycuQ,yed Gytv t VA 2St/�. R ►1� �l �I �4 sl`_ ` + •' f, i1 r `ai Ri q" f �s_ SITE PLAN 67 Weyer 's certi'cort e 4s6f'tUe4 YOA %'a,c� `ic;u"r HARRY SL JOHNSON ROBERT 14. MEREDITH ZsI , Pap sfaX91 g , N ►� � l� ' j' iii i� ow i T,Vo 29 I ' I � I Q spa - a a Q,Q zs , t �< r A ll r Al l I RR�77 S $ ^k S ,AND SV RV E V.)RS �lln y S Ahzis0%1 ssq�iales CE AVE. SOUTH MINNEAPOLIS 80, MINNESOTA TUx 0 13.8100 C ye%�� fences • is ��'.'� 1. ::, . / /i V. f i r5' e� � -G c�radatart.4 a� f s 1. ::, . / /i V. f i r5' e� � -G c�radatart.4 a� RIDLEY CITY COIINCIL MEETING OF JIILY 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 to reduce the rear yard setback from 29.8 feet to 7 feet to allow the expansion of an existing garage at 999 Overton Drive. She stated in 1961, when the home was constructed on this corner lot, the 35 foot front yard setback was observed on both street frontages. Ms. Dacy stated in 1965, the existing garage was constructed in the required rear yard setback of 29 feet. She stated, apparently, an interpretation was made that the garage was in the side yard. Ms. Dacy stated in 1976, the Commission denied a variance to place a pool and fence in the front yard abutting 68th Avenue. She stated the front yard, as defined by the code, is in reality functioning as a side yard since the access and orientation of the house is toward Overton Street, the defined side yard. She stated, consequently, the defined rear yard is in fact functioning as a side yard. Ms. Dacy stated the Appeals Commission recommended approval of the variance and staff concurs the variance is warranted as everything abutting the structure is functioning towards Overton Drive. She stated the Appeals Commission recommended that future accessory buildings shall be limited to a maximum of 100 square feet in size. Mr. Tomczak, the petitioner, stated he needs more room and would like to add on to the garage and re -landscape. MOTION by Councilman Billings to grant Variance, VAR #89-09, with the stipulation that future accessory buildings shall be limited to a maximum of 100 square feet in size. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 6. CONSIDERATION OF AN EXTENSION OF VARIANCE aA OVAL FOR TWIN Councilman Billings stated Twin City deral came in a year ago because they wanted to do some expa ion at their Fridley facility. He stated it appears that the ople from Skywood Mall and their attorney have no desire o proceed to get these things accomplished. MOTION by Council Billings to extend approval of Variance, VAR #88-09, for on year. Seconded by Councilwoman Jorgenson. Upon FRIDLEY CITY COUNCIL 1MEETING 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 fdr the variances, it was found that the owners of Skywood had some prior obligations to the City which they had not fulfilled. a stated if they have not done what was promised, he is prepared;- o move to rescind their certificates of occupancy and licenses order to get their attention. He stated the owners of Skyworg all are not fulfilling their obligations and creating a hardshs Twin City Federal cannot proceed with their expansion whichd alleviate some of the traffic problems in the area. Ms. Dacy stated some of the outstanding items a enclosure of the trash compactor, completion of the parking lot, and landscaping. Councilwoman Jorgenson stated the handicap d parking is definitely lacking at the Skywood Mall, as these _r king spaces are very limited. Mr. Herrick, City Attorney, stated f m the letter from Briggs and Morgan dated June 16, 1989, it ap ears Skywood Mall is in some bankruptcy or receivership. He tated he did not know to what extent that complicates matters. a stated in the second paragraph of the letter, there is some in *cation the attorney is not going to do anything until he gets t e approval of the owners of Skywood and the receivership appoint d by the court, Towle Company, and then also makes reference to the City. He stated it looks like the City would be dealing with a number of different people and this may be part of the proble He stated it may be that the owners of the property, if they re in receivership, do not have authority to do anything. Councilman Billings tated someone has authority to collect the rents but, apparentl ,there is no mechanism for anything else that needs to be done. e stated he would request staff, in conjunction with the City At orney, to send a letter to someone with the authority to get these things accomplished. He stated he would like to see som positive steps taken with Twin City Federal. 7. Mr. Flora Public Works Director, stated Dahl & Associates, Inc. has peti ioned the City to allow the installation of a monitoring well o City property near the Jet Station at 7600 University Avenue He stated staff would recommend the Council receive the peti on and approve the placement of a monitoring well in the boulevard with the condition that the City be held harmless and be provided with copies of the reports on this monitoring. say"? v -v eAs 1,e?dficate 1plb04 L HARRY S. JOHNSON ROReRy 04. MEREDITH 4. "s 7,. 1 I A C -- 5 UU LAND 11alrys /o/visoll Z7- 10621 FRA NGC AVE. SOUT" MINNEAP LIS 30, MINNESOTA DO piti Wit. 2. - !, -,I- P — �Oeiwe e, 74 �47�16zf-- 9 L<! 0; ON (Z).t .4,4 a) A14 1114 MR. .!. Z, COMMENW7 GiYOF FRIDLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE (612) 571-3450 CITY COUNCIL ACTION TAKEN NOTICE July 13, 1989 Robert Tomczak 999 Overton Drive N.E. Fridley, MN 55432 Dear Mr. Tomczak: On July 10, 1989, the Fridley City Council officially approved your request for 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 Second Addition, the same being 999 Overton Drive N.E., with the following stipulations: 1. Future accessory buildings shall be limited to a maximum size of 100 square feet in size. If you have any questions regarding the above action, please call the Planning Department at 571-3450. Scere Y. B rbara Dacy Planning Coordinator BD/dn Please review the noted stipulations, sign the statement below and return one copy to the City of Fridley, a ing partment by July 27, 1989. Concur with a tion taken. rt rgav CITYOF FRIDLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE (612) 571-3450 CITY COUNCIL ACTION TAKEN NOTICE Robert Tomczak 999 Overton Drive N.E. Fridley, MN 55432 Dear Mr. Tomczak: July 13, 1989 On July 10, 1989, the Fridley City Council officially approved your request for 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 Second Addition, the same being 999 Overton Drive N.E., with the following stipulations: 1. Future accessory buildings shall be of 100 square feet in size. ��i If you have any questions regarding fife the Planning Department at 571-3450. Sincerely, Barbara Dacy Planning Coordinator BD/dn limited to a maximum size above action, please call 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. Item # 1 ADMINISTRATIVE STAFF REPORT 999 Overton Drive N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.053, 4, A, front yard setback of 35 feet. Section 205.143, 3, 6 foot fence requirement around swimming pools = 'Public purpose served is that the front yard fence and structure restrictions tend to keep front yards more open and aesthetically pleasing. B. STATED HARDSHIP: The front yard is the only place that the owner can construct a pool and if he is allowed a pool he needs a six foot fence to meet the City Code pool specifications. C. ADMINISTRATIVE STAFF REVIEW: This front yard is not typical in that the house faces the side of the lot, therefore, the fence and pool will not be in the front yard now used asfiftnt yard. However, it will lie in front of the home just East of the applicants. Staff feels the variances should only be granted if the homeowner at 953 68th Avenue has no objection, since it will affect them the most. There is no logical compromise available. . STATE OF MINNESOTA COUNTY OF ANOKA CITY OF-FRIDLEY In the Matter of a variance, vAR #89-09 Robert and Donna Tomczak , Owner 860143 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 29.8 feet to 7 feet to allow the expansion of an existing garage, on Lot 12, Block 4, Brookview Terrace Second Addition, the same being 999 Overton 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 Fridl y, Minn sota, is he County of Anoka on the day of 19• DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley,; NN 55432 SHIRLEY A. PALA, CIT -_90 H `h Variances are valid for a period of one year following approval"-A#d shall be' considered void if not used within that period.,® SEAL,)' t Councilman Fitzpatric on a voice vote, all voting aye, Mayor Nee decl! 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 to reduce the rear yard setback from 29.8 feet to 7 feet to allow the expansion of an existing garage at 999 Overton Drive. She stated in 1961, when the home was constructed on this corner lot, the 35 foot front yard setback was observed on both street frontages. Ms. Dacy stated in 1965, the existing garage was constructed in the required rear yard setback of 29 feet. She stated, apparently, an interpretation was made that the garage was in the side yard. Ms. Dacy stated in 1916, the Commission denied a variance to place a pool and fence in the front yard abutting 68th Avenue. She stated the front yard, as defined by the code, is in reality functioning as a side yard since the access and orientation of the house is toward Overton Street, the defined side yard. She stated, consequently, the defined rear yard is in fact functioning as a side yard. Ms. Dacy stated the Appeals Commission recommended approval of the variance and staff concurs the variance is warranted as everything abutting the structure is functioning towards Overton Drive. She stated the Appeals Commission recommended that future accessory buildings shall be limited to a maximum of 100 square feet in size. Mr. Tomczak, the petitioner, stated he needs more room and would like to add on to the garage and re -landscape. MOTION by Councilman Billings to grant Variance, VAR #89-09, with the stipulation that future accessory buildings shall be limited to a maximum of 100 square feet in size. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 6. Councilman Billings stated Twin City Fe al came in a year ago because they wanted to do some expa n at their Fridley facility. He stated it appears that the ople from Skywood Mall and their attorney have no desi to proceed to get these things accomplished. MOTION by cilman Billings to extend approval of Variance, VAR #88-09 or one year. Seconded by Councilwoman Jorgenson. Upon 860143 .BR. I—' r; r. UFRCE OF GOWN RECMOER r-: STATE OF R INNEWTA, MUti f Op I.y 1 herohy ceft OW the within instru- ment wes filed in this office for record on the AUG 11 1989 o'docka M., and was duly recorded Can Hwds By �7 R - Community Development Department City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 Nurnerica� Grantor_ Grant Recorded � Checked Margin s ° Tr. Index T i-� LO .BR. I—' r; r. UFRCE OF GOWN RECMOER r-: STATE OF R INNEWTA, MUti f Op I.y 1 herohy ceft OW the within instru- ment wes filed in this office for record on the AUG 11 1989 o'docka M., and was duly recorded Can Hwds By �7 R - Community Development Department City of Fridley 6431 University Avenue N.E. Fridley, MN 55432