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VAR 04.85I F CITY OF FRIDLEY, MINNESOTA Pl anni gig COMMISSION APPLICATION REVIEW I FILE NO. Acemcss ariance F4Ls a►T1016/85 COMPLETE REVIEW CHECKLIST 5202 Pierce Street, Front RETLMN TO PLANNING yard setback from 35 feet lounoxre J Leon. , I G7YOF F1tIDLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E., FRIDLEY, MINNESOTA 55432 • PHONE (612) 571-3450 May 3, 1985 NOTICE OF PUBLIC HEARING Notice is hereby given that the Appeals Commission of the City of Fridley will conduct a Public Hearing in the City Council Chambers at 6431 University Avenue Northeast at 7:30 p.m. on Tuesday, May 14, ,1985 in regard to the following matter: Consideration of a request for a variance pusuant to Chapter 205 of the Fridley City Code, to reduce the required front yard setback from 35 feet to 15 feet, to allow the construction of a new dwelling with an attached garage on Lot 12, Block 1, Marion Hills, the same being 5202 Pierce Street N.E. Notice is hereby given that all persons having an interest therein will be given the opportunity to be heard at the above time and place. PATRICIA GABEL CHAIRWOMAN 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. May 14, 1985 Appeals Commission of the City of Fridley: Regarding the variance to reduce the required front yard setback from 35 feet to 15 feet on lot 12, Block 1, Marion Hills, or 5202 Pierce St. N.E. Dear Sirs, I cannot be at the meeting because of previous commitments. I asked for a similar setback when I built my house in 1979 and was turned down. I understand now, it was for the best even if it cost me $5000 extra in footings, blockwork, and railroad ties because of the steep incline on my lot. I am against this setback mainly because of the setback of the neighbor to the west. If you can compromise between 15 and 35 feet to the satisfaction of your next door neighbor, then I am in favor of the set- back agreed to. I rely, seph Vali r, 52] V Item #3, May 14, 1985 ADMINISTRATIVE STAFF REPORT 5202 Pierce Street N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.07.3D.10 requires a front yard with a depth of not less than 35 feet except as noted in Section 205.04.4G. Public purpose served by this requirement is to allow for off-street parking without encroaching on the public right of way and also for aesthetic consideration to reduce the "building line of sight" encroachment into the neighborts front yard. B. STATED HARDSHIP: "Problem with construction because of ravine on lot. Fast drop of elevation from 100 feet to 74 feet even with the variance granted." C. ADMINISTRATIVE STAFF REVIEW: This lot is vacant. The existing houses on the east side facing Pierce Street are set back 25 feet as variances were granted in 1979. The house to the west has a 41 foot setback. There is a 10 foot boulevard, therefore if the new house has only a 15 foot setback, it would be 25 feet from the curb. If the Board approves this variance, it should consider a minimum of 25 feet for a front yard setback. June Z$, 1985 Mr'. & -Mrs. David L a Hol mstr m 6: 5241 Pierce St .NE- Fr i d 1 ey q MN- 55421 FRE: The vari.ence requested by Fiat and Arlene Finn. To whom it may concerns This letter is to inform the City Council of Fridley that after- speak:i6g with'Mr., & Mrs. Finn, we wish to withdraw our objection to the varience - requested by them, on the..condition that their neighbor to the westa-. Mr.- Don Ful cher, has no objection to their requested varienre. We spoke with the Finn's, examined their house plans, and have to olur satisfaction been assured that the house they intend to build will not hinder our line of site with the Minneapolis -skyline. Thank: You, Sincerely, David La Holmstrom Karla J.L. Holmstrom �Y- Jun, 3. 1985 Joseph 0, Valtinson, Jr, 5215 Pierce St, Fridley, Mn. City Council Members, I have seen the plan for the proposed house at 5202 Pierce St, and am in agreement with the requested variance, as long as it meets the satisfaction of Mr, Don Fulcher, of 5206 Pierce St,, Fridley, Sincerely, gJs*ephO. Valtinson, Jr, i 77 rr j c ins..: 1 Q- .� r n �,:; _n• T n r. I;` _ .. .. _ a.�,""a_ i�: �. -, .. mss;- �.....-°x�'"_:-.. ,. �;:,'-ex �•r---�'�^.'=�'Y"v,'��.'•?r�t f�,.s—�iF,$-ti7k�`��+Bk�'�'.'>� } ,M' yam.-��',�'°-�_.. 5202 Pierce Street 10L4 CONSULTING ENGINEERS 1.104 CURRe4 AV'Q' mU m MINNEAPOUS 3. MINNIESOTA HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT REPRODUCTION OF A SURVEY Or:. ALL THAT PART OF LOT 12, BLOCK I, MARIAN HI LLS ADDITION, SECTION 25, TowNsit I.P, 30, RANGE 24, IN THE CITY OF FR I DLEY, ANOKA COUNTY, MINNESOTA; WK I CFt LIES NoRlI of LY OIC THE FOL€ ow I NG DESCRIBED I,. 9 NE: BEG 1 NN 1 NG AT THE SOUTHWESTERLY CORNER, OF SA I U LOT` r 12, THENCE EASTERLY yTO AND TERMINATING AT A POINT ON THE NORTHEASTERLY LINE OF'- 4 SA 1 D LOT" I2 DISTANT. X40.92 FEET NORTHWESTERLY OF THE SOUTHEASTERLY CORNER OF 4/;IES LOT I2� 50.®O" 0 LOT 12, BLOCK MARIAN W I L,L5 ADDIN, 17°1. rW LOT 2 LOT % BLOCK i MARIAN WILLS * V4 ADD'N, I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY REGISTERED PROFESSIONAL ENGINEER AND • LAND SURVEYOR UNDER THE LAWS OF THE STATE OF MINNESOTA. eG l �FAL DATE:- NOVEMBER 14, 1962 REC., NO. 160+5 : STATE OF MINNESOTA COUNTY OF ANOKA CITY OF FRIDLEY CITY COUNCIL PROCEEDINGS In the Matter of a variance ilequest located on Lot 12, Block 1, Marion Hills Addition, the same being 5202 VARIANCE Pierce Street N.E. Patrick and Arlene Finn Owners The above entitled matter came before the City Council of the City of Fridley and was heard on the 3rd day of June , 19 85 , on a petition for a variance pursuant to o the City of ri ey s Zoning Ordinance, for the following described property: To reduce the required front yard setback from 35 feet to 15 feet to allow the construction of a new dwelling with an attached garage on Lot 12, Block 1, Marion Hills Addition, the same being 5202 Pierce Street N.E. IT IS ORDERED that a variance be granted as upon the following conditions or reasons: See City Council minutes of June 3, 1985, STATE OF MINNESOTA COUNTY OF ANOKA ) ss. OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) I, Sidney C. Inman, City Clerk for the City of Friley with an 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 subsc ibed my hand at the Cit of Fridley, Minnesota, in the County of Anoka on the, day of DRAFTED BY: City of Fridley 6431 University Avenue N.E. C Fridley, MN 55432 SIDNEY C. AN, CITY CLERK�e variances are valid for a period of one year following approval and shil.i:be considered void if not used within that period. Ilk A2 (SEAL) `' : i• `/ a• : /:: ken 0 Melillo 411.1;410: 9N4 4 V-Mft,#W�• Mr. Flora, Public Works Director, stated this is a request for a variance to reduce the front yard setback frau 35 feet to 15 feet to allow construction of a new dwelling with an attached garage at 5202 Pierce Street. Mr. Flora stated the problem with construction on this lot is because of a ravine with a fast drop in elevation f ram 100 to 74 feet. He stated the existing houses on the east side facing Pierce Street are set back 25 feet, as variances were granted in 1979. He stated the house to the west has a 41 foot setback. Mr. Flora stated there is a ten foot boulevard, therefore, if the new hoLse has only a 15 foot setback, it would be 25 feet frora the curt,. Mr. Flora stated a number of neighbors spoke against the variance, therefore, it was denied by the Appeals Commission, but they recorur.end approval of the variance from the required 35 feet to 25 feet. W. Finn, the petitioner, stated he has spoke with his neighbors, since the neeting of the Appeals commission, and they are in agreerent with his plans. Mr. Finn then sutrni tted a copy of his plans for this home. Councilman Goodspeed stated, when the Appeals Commission voted on this variance request, they denied the variance to 15 feet and recor4nended the 25 feet because of the neighbor's opposition. He stated the petitioner has since met with the neighbors and they are in agreement. He stated, therefore, he felt the Appeals Ccx;mission would hve recommended approval if the neighbors had been in agreernent. MJTLON( by Councilman Goodspeed to grant the variance to reduce the required_ . front yard setback fran 35 feet to 15 feet to allow the construction of a new dwelling with ars attached garage at 5202 Pierce Street. Seconded try Councilman Fitzpatrick. Upon a voice vote, all voting aye, rayor Nee declared the motion carried unanimously. It. Flora, Public Works Director, stat s is a request for a variance to reduce the required side yard c for an attached garage from 5 feet to 2 feet to allow a 14 x detached garage to be attached and increase the size to 23 x t at 5272 Horizon Drive. Mr. Flora stated staff would re reducing the garage width to 22 feet to leave three feet from uth Property lire. He stated the south wall should also be a firqOall with no openings. -ls- M 6'9843 N=eaic al Cantor Grantee Aeoorded Checked Margin 1Y. index OFFICE OF COUNTY RECORDER STATE OF MINNESOTA, COUNTY OF AN0IM hereby certify t;.at the within instru- ment was filed in this office for record on the JUL 16 1905 A.D., 19__ 3;36 oVock /M., and was duty recorded in book page County Recorder Dej_,y Cit' -of Fridley 6431 University Ave. N.E. Fridley, 10 55432 520& Puree ry 1 f 2 - _ f7;•`r 8 • � SIC `. Amn ujO 1 rr. Y �- .I�� it%'� �j � \ZI �f` (y�•- � `O 4 I� 3 : �-� v .:.9°'t?� to pi � ♦ � q ti•a �ti1ell e.T _►T At Q Y i 606 4 r•. "`iii 11�1Q1i#1�117. APP�� SPI .c1E -, R f?rt w�rfGrL yO loc. /F,fXL. �1 ,....a ,y N% y'° ° • S'tlit ir ON ' a ' {�i� at, , .yea � ! , 1 i � �•�S`=� -�-- • Oir�ctia� � Str�e� O�aina� a. -� je CITYOF FRIDLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE (612) 571-3450 Patrick and Arlene Finn 5202 Pierce Street N.E. CITY COUNCIL Fridley, MN 55432 ACTION TAKEN NOTICE On June 3, 1985 , the Fridley City Council officiallyy appproved your request for a Variance o reduce the front yard setback from 35' to 15' to allow the construction of a new dwelling with an attached garage. with the following stipulations: None. If you have any questions regarding the above action, please call the Planning Department at 571-3450. Sincerely,' �,/JAMES L. ROBINSON PLANNING COORDINATOR JLR/de Please review the noted stipulations, sign the statement below and return one copy to the City of Fridley. Concur with action taken. PATRICK & ARLENE FINN 5202 Pierce Street NE Request for Variance to reduce Required Front Yard Setback, to Allow Construction of New Dwelling with Attached Garage Variance approved from 35' to 15' (Yes, 159 Deb, please write letter July 10, 1986 City Of Fridley 6431 University Ave N. E. Fridley, Minnesota 55432 Attn: Darrel Clark, Building Inspector Dear Mr. Clark; We request that the City Council reinstate the request for variance granted to Mr. 6 Mrs. Patrick Finn on June 3, 1985. This was for our new home at 5202 Pierce St, N.E. The slowness caused by the glut of morgage applications caused this delay. We are now prepared to build immediately. Thank you for your consideration. SinW�IIAZ F,06-1 Pat and Arlene Finn V July 10, 1986 City Of Fridley 6431 University Ave N. E. Fridley, Minnesota 55432 Attn: Darrel Clark, Building Inspector Dear Mr. Clark; We request that the City Council reinstate the request for variance granted to Mr. & Mrs. Patrick Finn on June 3, 1985. This was for our new home at 5202 Pierce St. N.E. The slowness caused by the glut of morgage applications caused this delay. We are now prepared to build immediately. Thank you for your consideration. Since y F-06Z �Z/ Pat and Arlene Finn 14 fill, .......... , Ir IPT: lit Oq lap rJra 3t knit - -Y r bf. ONO Shop r1fr r�j -q!f ff 4-,'r,; u 0i 0,j ryr 1;7 -jr -in -Al:ve F fang asogy i lap Of gh qW&AW J WY—1 ve Wnthy 10007 A, MY: uv5slabinnor 16T.. u If No , M MN ............ ik . . . . . . . . . . . .Z., V C-1. Mr. Flora, Public Works Director, stated this is a request for a variance to reduce the front yard setback f ram 35 feet to 15 feet to allow aonstr ucti on of a new dwelling with an attached garage at 5202 Pierce Street. Mr. Flora stated the problem with aonstr ucti on on this lot is be ca use of a ravine with a fast drop in elevation from 100 to 74 feet. He stated the existing houses on the east side facing Pierce Street are set back 25 feet, as variances were granted in 1979. He stated the house to the west has a 41 foot setback. Mr. Flora stated there is a ten foot boulevard, therefore, if the new house has only a 15 foot setback, it would be 25 feet frcm the curb. Mr. Flora stated a number of neighbors spoke against the variance, therefore, it was denied by the Appeals Commission, but they reoommend approval of the variance frau the required 35 feet to 25 feet. Mr. Finn, the petitioner, stated he has spoke with his neighbors, since the meeting of the Appeals Commission, and they are in agreement with his plans. Mr . Finn then submitted a copy cf his plans for this home. Councilman Goodspeed stated, when the Appeals Commission voted on this variance request, they denied the variance to 15 feet and recommended the 25 feet because of the neighbor's opposition. He stated the petitioner has since met with the neighbors and they are in agreement. He stated, therefore, he felt the Appeals Commission would bye recon nended approval if the neighbors had been in agreement. NDT7AN by Councilman Goodspeed to grant the variance to reduce the required front yard setback from 35 feet to 15 feet to allow the construction of a new dwelling with an attached garage at 5202 Pierce Street. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Flora, Public Works Dir` , r,,_stated this is a request for a variance to reduce the required side yard se for_ an attached garage fran 5 feet to 2 feet to allow a 14 x 26 foot detach rage_ to be attached and increase the size to 23 x 34 feet at 5272 Horizon ive-= - lair. Flora stated staff would recommend reducing the garage width to feet" to _leave three feet from the south property line. He stated the lout wall should also be a firewall with no openings. 6A 4%7' NP TRICK & RaENE FINN 5 02 Pierc . NE � p •� s ,e� y r�� � 2 w i - r or TAYLOR T. N.E.*/W AMM , '� v s ►► v r> N Ijl H p h e s r -AV�, r' r� 0. v v J �w s e� Nae t v 4 v op o 1 r� D' M A M �, ilk A �_� N N '� ���..�• o • t 19 . $ FILLMOR ST. KC a b: J In mv *Mk Ov e opt r p • w rte • w � I w- , :i t PIECE ST. N.E.Aw- IV cot e ♦ a Alpt r o N D o Mr N.E. dl V1 low as t Aws ul yrs �' o r •s.�r ` p ` s ;. s W �� �! V „ J+ N '. TER ' ^ ,,., ...� v P A' c � ;r ► A �A w � � wtr•�p'w . / � �j� � 4 I` � ay �,- � � rs� w L 1'1 • f� • � 6C 6. 7. 8. 9. NEW iW"00"t �•04N,11I k0ut-0-10 NOTION by Councilman Goodspeed to re -approve this variance request at 5202 Pierce Street N, E. to reduce the front yard setback from 35 to 15 feet to allow the construction of a new dwelling with an attached garage. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. WMAN RESOURCES CWIISSIONS: MOTION by Councilman Barnette to table these appointments. Second by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee Glared the motion carried unanimously. NOTION by Councilman Goodspeed to waive the second readiO of Ordinance No. 849 and adopt it on the second reading and order publi tion. Seconded by Councilman Fitzpatrick. Councilman Goodspeed asked Mr. Hart, representin the Skywood Motel, when the landscaping would be completed at their sit . Mr. Hart stated a decision has to be made ,dn the drainage and then they would complete the sodding. Mr. Flora stated the Skywood/accor which was originally submitted and they have been asked to builto this plan which, to date, has not been done. Mr. Qureshi stated Staff wountact with Skywood so the drainage and landscaping could be com UPON A VOICE VOTE TAKEN T/ME ABOVE NOTION, all voted aye, and Mayor Nee declared the motion carr;W unanimously. NEW BUSINESS: riwk 17 TON by Councilman Barnette to adopt Resolution No. 57-1986. Seconded by uncilman Goodspeed. Upon a voice vote, all voting aye, Payor Nee declared e motion carried unanimously. -15- P CINOF FRIDLEY CIVIC CENTER - 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 - PHONE (612) 571-3450 Patrick Finn July 22, 1986 5202 Pierce Street N.E. CITY COUNCIL Fridley, MN 55432 ACTION TAKEN NOTICE On July 21, 1986 , the Fridley City Council officially approved your request for an extension to a variance to reduce the front Yard setback from 35 feet to 15 feet to allow the construction of a new dwelling with an attached garage at 5202 Pierce Street N.E. with the following stipulations: 1. If the work has not commenced within 1 (one) year after granting this variance then the variance shall become null and void. If you have any questions regarding the above action, please call the Planning Department at 571-3450. Sincerely, James L. Robinson Planning Coordinator JLR/dm Please review the noted stipulations, sign the statement below and return one copy to the City of Fridley Planning Department, by August 5, 1986. Concur with action taken CIVIC CENTER - 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 - PHONE (612) 571-3450 Patrick Finn July 22, 1986 5202 Pierce Street N.E, CITY COUNCIL Fridley, MIN 55432 ACTION TAKEN NOTICE On July 21, 1986 , the Fridley City Council officially approved your request for an extension to a variance to reduce the front yard setback from 35 feet to 15 feet to allow the construction of a new dwelling with an attached garage at 5202 Pierce Street N.E. with the following stipulations: 1. If the work has not commenced.within 1 (one) year after granting this variance then the variance shall become null and void. If you have any questions regarding the above action, please call the Planning Department at 571-3450. Sincerely, James L. Robin on Planning Coordinator JLR/dm Please review the noted stipulations, sign the statement below and return one copy to the City of Fridley Planning Department, by August 5, 1986. Concur with action taken STATE OF MINNESOTA COUNTY OF ANOKA v CITY OF FRIDLEY In the Matter of a Variance, reapproval, located at 5202 Pierce Street N.E. Pat and Arlene Finn , Owner 7256'78 CITY COUNCIL PROCEEDINGS VARIANCE The above entitled matter came before the City Council of the City of Fridley and was heard on the 21st day of July , 19_&E_, on a petition for a variance pursuant to the City of Fridleyts Zoning Ordinance, for the following described property: Reapproval of a variance located at 5202 Pierce Street N.E. for a front yard setback from 35 feet to 15 feet to contruct a new dwelling on Lot 12, Block 1, Marian Hills Addition. IT IS ORDERED that a variance be granted as upon the following conditions or reasons: See City Council minutes of July 21, 1986. STATE OF MINNESOTA ) COUNTY OF ANOKA ) CITY OF FRIDLEY ) OFFICE OF THE CITY CLERK 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 Fridl y, Minnsota, in the 19. DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridle, MN 554321 SHIRLEY A. liAAPALA, CI CLERK `� _ ' r', a a period of one year following approval and shall be used within that period. hereunto subscribed my hand at theCity of County of Anoka on the fir%-- day of Variances are valid for considered void if not 6. CONSIDERATION OF REM-PROUL OF A VARIANCE REQUEST AT 5202 PIERCE STRE ii_.... BECOME NU AND VOID: MJTION by Councilman Goodspeed to re -approve this variance request at 5202 Pierce Street N. E. to reduce the front yard setback from 35 to 15 feet to allow the construction of a new dwelling with an attached garage. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10 7. MOTION by Councilman Barnette to table these appointments. Sec9fided by Councilman Schneider. Upon a voice vote, all voting aye, MayZING declared the motion carried unanimously. 8. P,DINANCE . 849 T 608 OF THE ITY CODE 'TO A T X IMPOSED UPON LODGING: MOTION by Councilman Goodspeed to waive the secondurea Ordinance No. 849 and adopt it on the second reading and order pu. Seconded by Councilman Fitzpatrick. 9. Councilman Goodspeed asked Mr. Hart, representi the Skywood Motel, when the 1 andscapi ng would be completed at their si e. Mr. Hart stated a decision has to be made on the drainage and then they would complete the sodding. Mr. Flora stated the Skywood has a pl which was originally submitted and they have been asked to build accor ' g to this plan which, to date, -has not been done. Mr. Qureshi stated Staff would t in contact with Skywood so the drainage and landscaping could be com eted. UPON A VOICE VOTE TARTMiE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion car ed unanimously. 0 ON by Councilman Barnette to adopt Resolution No. 57-1986. Seconded by cilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared motion carried unanimously. `, -15- 7256'78 idurnerica,,_�S_, Grantor Grantee Recorded Checked' Qo Margin Tr. Indent 3> 10 i o` ,lttll.t uv WuNit RLLURUB I 01 SIAIE Ot MINNESOTA. UOUNTY Of ANOKA herebv certity that the within instru- ment was tiled in this office for record on the SEP 16 1996 f i 3 00 'clock a/ Mind was duly recorded City of Fridley 6431 University Ave NE Fridley Mn. 55432