The URL can be used to link to this page

VAR 91-20FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 • (612) 571-3450 • FAX (612) 571-1287 APPEALS COMMISSION ACTION TAKEN NOTICE Richard Hudrlik 5502 Regis Trail N.E. Fridley, MN 55432 Dear Mr. Hudrlik: August 7, 1991 On August 6, 1991, the Fridley Appeals Commission approved your request for a variance, VAR #91-20, to reduce the rear yard setback from 30 feet to 10 feet to correct a nonconforming condition, to allow the construction of an addition on Lot 9, Block 3, Parkview Oaks First Addition, the same being 5502 Regis Trail N.E. If you have any questions regarding the above action, please call the Planning Department at 571-3450. Sinc rely, Mic ele McPherson Planning Assistant MM:ls Please review the Appeals Commission action, sign the statement below, and return one copy toCity of Fridley Planning rT Department by August 19, 1991. Concur with action taken W, MEN STAFF REPORT APPEALS DATE August 6, 1991 CITY OF PLANNING COMMISSION DATE FRIDLH, CITY COUNCIL DATE AUTHOR T12 777 REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION. SITE DATA SIZE DENSITY PRESENT ZONING ADJACENT LAND USES & ZONING UTILITIES PARK DEDICATION ANALYSIS (FINANCIAL IMPLICATIONS CONFORMANCE TO COMPREHENSIVE PLAN COMPATIBILITY WITH ADJACENT USES & ZONING ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMENDATION APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENDATION VAR #91-20 Richard Hudrlik To reduce the rear yard setback from 30 feet to 10 feet 5502 Regis Trail 12,829.95 sq. ft.; 13.9% lot coverage; 22.4% lot coverage after addition R-1, Single Family Dwelling R-1, Single Family Dwelling, to N, S, E, & W Approval C/TY OF FR/DLEY 1 < WI 111111 1.11, 1 r. n 9❑ iG: $I LlII►LI[NLTA IA1: Staff Report VAR #91-20, 5502 Regis Trail Page 2 A. STATED HARDSHIP: "Kitchen and bedroom (master) are minimal size for full utilization, need to expand as indicated on enclosed sketch based on physical configuration of current dwelling to achieve a lost/benefit balance." B. ADMINISTRATIVE STAFF REVIEW: Request The petitioner is requesting a variance to reduce the required rear yard setback from 30 feet to 10 feet to correct an existing encroachment on Lot 9, Block 3, Parkview Oaks First Addition, the same being 5502 Regis Trail. Site The property is located at the northwest corner of the intersection of Regis Trail and Regis Lane. Located on the property is a single family dwelling unit with an attached two car garage, as well as several mature oak trees. The property is zoned R-1, Single Family Dwelling, as are the adjacent properties. Analysis Section 205.07.03.D. (3). (a) of the Fridley City Code requires a rear yard setback of not less than 25% of the lot depth with not less than 25 feet permitted or more than 40 feet required for the main building. Public purpose served by this requirement is to provide rear yard space to be used for green areas which enhance the neighborhood. The petitioner is proposing to construct two additions to the single family dwelling unit. The first addition off the "rear" of the home is to be an expansion of the kitchen area to provide a dining/family room. The second addition will be to the south wall of the home which will expand two existing bedrooms, one being the master bedroom. Section 205.03.48 defines the front of the lot as "that boundary of a lot along a street right-of-way. If the 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 Staff Report VAR #91-20, 5502 Regis Trail Page 3 corner lot are within 10% of being equal, the owner may select either street lot line as the front." In this request, the property is a corner lot; however, the sides abutting the street right-of-way are not within 10% of each other. While the house faces Regis Trail, the front of the lot as defined by the Code would be that portion abutting Regis Lane. Therefore, the rear of the lot is the property line adjacent to the north wall of the garage. While the proposed additions do not require a variance, the fact that the dwelling unit does not meet the rear yard setback creates a nonconforming condition; therefore, the petitioner is required to process the variance request to bring the property into conformance. If the lot were an interior lot, the garage would meet the required 5 foot setback, and the proposed additions would require a rear yard variance. As the variance request is to correct an existing nonconforming condition, staff recommends approval of the request. To deny the request would require a continuance of the nonconforming condition or that the garage be removed in order to meet the Code requirement, neither of which are practical solutions. Recommendation Staff recommends that the Appeals Commission approve the variance request, VAR #91-20, to reduce the required rear yard setback from 30 feet to 10 feet. $/S"t" alms r Lara VORAPHIC MAPPING N SCNLE t" = 30' C. E. COULTER LAND SURVEYOR REGISTERED UNDER LAWS OF STATE OF MINNESOTA LICXNSCD MY ORDINANC[ OF CITY OF MINNEAPOLIS 3300 LYNDALE AVE. SO. MINNEAPOLIS S. MINN. TAYLOR 4-0370 gg SuR�lC�' �or ARVM Z. C SO!!, 49C, bumnar's (Srrtifuair AjjA0y\ An" Drainage b Utili}y EaSemernt � -%Rowj 1i�OW� fg � 1 I J �, 3a 7I ; b Z I o I ec CC t' � Cr sI L i' I o o 0 0 s Cod a L N 14 1 o is, I OT -1�' 100 I �4 1 . ...10.6°1•.. 1 � REGIS L ANS hereby pertify that the above is a true and correct plat of a survey t Nine (9), Block Three (3), PARKVIEW OAKS FIRST ADDITION, Anoka Coun nnesota. surveyed by me this 17th day of February 1961 A. D. Signed �p. toy �G r a.a ....., ., .. ,-, 4.> Dc�; drat inn Nn _ FLOOR PLAN ol210 s r �1 N I FLOOR PLAN s ELEVATION CITY OF F=LEY 6431 UNIVERSITY AVENUE N.E. FRILLY, MN 55432 (612) 571-3450 VAIMMM APMCATIaN IMM PROPERTY site plan required for submittals; see attached Address: s 2a C ► S I R_ A I L- _ FP-, ® Le'*, ►..t �. i 4'� Legal description: �1 Block Tract/Addition 7 �� a T 0A16.5 A..D 4 r% e.&j Current zoning: Square foge/acreage Reason for variance and �.�« ; i�.12 T o' 0. ►-�� i• e,,Ka-C, A3 y:s�rCATf-4 ®, '�� o,s d l e. �a`—j� S k-` T CA 4 %UCQ Q C -a a�sg a ee� L e v e� F. 6 �. ¢q i • e ,-j ® v. Acs • em &S A L 3 0 /B v �e a r LG section of City Code: -------------- V (• lJ t(/Jl Q.. FSE OWNER ________------------------ -_ � � O (Con Purchasers: Fee Owners aaust sign this form prior to processing) ADERESS 550 SIGNATURE i 5543. PErITION� n�oRr�,TION .L- rwvmrn E PHWE S9 4 DATE '111,3151 Fee: $100.00 $ 60.00 for residential properties Application received by: Scheduled Appeals Ccumission date: scheduled City Council date: CITY OF FRIDLEY APPEALS COMMISSION MEETING, AUGUST 6, 1991 CALL TO ORDER• Chairperson Savage called the August 6, 1991, Appeals Commission meeting to order at 7:30 p.m. ROLL CALL: Members Present: Diane Savage, Ken Vos, Carol Beaulieu Members Absent: Larry Kuechle, Cathy Smith Others Present: Michele McPherson, Planning Assistant Anna Wichern, 6880 East River Road John F. Jagger, 6831 E. River Road Richard and Harriet Hudrlik, 5502 Regis Trail APPROVAL OF JULY 9. 1991, APPEALS COMMISSION MINUTES: MOTION by Ms. Beaulieu, seconded by Dr. Vos, to approve the July 9, 1991, Appeals Commission minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. CONSIDERATION OF VARIANCE REQUEST, VAR #91-20, BY RICHARD HUDRLIK• Per Section 205.07.03.D.(3).(a) of the Fridley City Code, to reduce the rear yard setback from 30 feet to 10 feet, to correct a nonconforming condition to allow the construction of an addition on Lot 9, Block 3, Parkview Oaks First Addition, the same being 5502 Regis Trail N.E. MOTION by Dr. Vos, seconded by Ms. Beaulieu, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:32 P.M. Ms. McPherson stated the property is located at the intersection of Regis Lane and Regis Trail. The property is zoned R-1, Single Family Dwelling. The petitioner is proposing to construct two additions to the single family dwelling unit. The first addition on the west wall of the home for an expanded kitchen and dining APPEALS COMMISSION MEETING, AUGUST 6, 1991 PAGE 2 area and the second addition will be to the south wall of the home to expand the two existing bedrooms. Ms. McPherson stated this is an issue of which side is the front yard on a corner lot. The Commission has received several variance requests for corner lots such as this where the home faces one street, and the Code defines the front yard as the shorter side of the property. In this case, when staff first made the determination, staff made the rear yard as the side opposite where the house faces. However, staff wanted to make the interpretation was consistent and determined that the short side would be defined as the front yard. Therefore, this makes the north side the rear yard. What needs to be granted is a variance for an existing condition whereas the garage is 10 feet from the property line instead of 30 feet. In reviewing the request, to require the petitioner to remove the garage or deny the request and continue the nonconforming situation would be non -practical solutions to the request. Staff recommends that the Commission approve the request. Dr. Vos stated the petitioner is requesting a variance from the north side of the garage to the lot line which is existing. The additions are not affected. Ms. McPherson stated this is correct. The additions meet the setback requirements. Dr. Vos asked if this would change if staff would determine the front is on Regis Trail. Ms. McPherson stated, yes. Had staff interpreted the front yard in this manner, the rear yard variance would have gone from 25 feet to 17 feet to accommodate the 16 foot wide additions. If this was an interior lot, the garage would exceed the required setback. Mr. Hudrlik stated he had nothing further to add. The re- interpretation has resolved issues in total. The reason for the application was because of the initial interpretation of the front yard. At this point, it is a matter of setting the existing condition in accordance to code. Dr. Vos stated there is a single family dwelling on Regis Trail to the west. This is the first neighbor that would be affected by building out to the west. Mr. Hudrlik stated that home faces south and, in addition, their elevation is 5 feet lower than his property. He sees the top of their roof line from their lot. APPEALS COMMISSION MEETING, AUGUST 6, 1991 PAGE 3 Ms. McPherson stated there are photos in the staff report. One photo shows the petitioner's side fence and top of the roof next door. Dr. Vos asked that if the petitioner decided to add 5 feet on to the north of garage, would a variance be required? Ms. McPherson stated, yes, assuming future staff maintains the same front yard to rear yard interpretation. If you were to expand the garage to the lot line, it would be a rear variance from 30 feet to 0 feet. Staff couldn't control how the house was placed on the lot and the interpretation that was made at the time it was built, but staff has placed an interpretation based on the definition they have today. MOTION by Ms. Beaulieu, seconded by Dr. Vos, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:40 P.M. Dr. Vos stated he thought it reasonable to approve a nonconforming request. Corner lots are always difficult in the interpretation of what is the front and side yards, and that is where the City gets into some difficulty. He would vote in favor of the request. Ms. Savage and Ms. Beaulieu agreed. MOTION by Dr. Vos, seconded by Ms. Beaulieu, to recommend approval of Variance Request, VAR #91-20, by Richard Hudrlik, per Section 205.07.03.D. (3) . (a) of the Fridley City Code, to reduce the rear yard setback from 30 feet to 10 feet, to correct a nonconforming condition to allow the construction of an addition on Lot 9, Block' 2, Parkview Oaks First Addition, the same being 5502 Regis Trail N.E. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. CONSIDERATION OF VARIANCE REQUEST, VAR #91- WICHERN• Per Section 214.04.02 of he Fridley City Code, to allow the existence of a 3.97 square oot free-standing daycare sign on Lot 9, Block 2, Sandhurst A dition, the same being 6880 East River Road. MOTION by Dr. Vos, seconded by MsBeaulieu, to open the public hearing. IrlCOMMISSION APPLICATION REVIEW F'UE NUMBER FILE DATE tM1EE'� DATE FILE DESCRIPTION VAR #91-20 CJTYOF 35 7/19/91 3/6/91 5502 Regis Trail IT FRIDLEY Rear Yazd setback from ft. tort. COMPLETE REVIEW CHECKLIST AND RETURN TO PLANNING DEPT. ffOEIARB D,�� COMMENTS MICHELE M.W�.�- 8' MARK W. 6 9 ,off -{o ?►� �.L-�a.LC�e.a��- �j [� JOHN F. „c `A DARREL C./c/r- II'_-- tic) LYDE 09 M. �J� �,.� �e mss" ` G�,r� Je EON M. � -a� �_Q. �^-�' ,�..� �,:,, H. 7-a-3 - 0 t 5 i� ( Y-�� --s -,�, :z �!. ( �w, ��,�f �ev PUBLIC HEARING BEFORE THE APPEALS COMMISSION Notice is hereby given that the Appeals Commission of the City of Fridley will conduct a Public Hearing at the Fridley Municipal Center at 6431 University Avenue N.E. on Tuesday, August 6, 1991, at 7:30 p.m. for the purpose of: Consideration of variance request, VAR #91-20, by Richard Hudrlik: Per Section 205.07.03.D.(3).(a) of the Fridley City Code, to reduce the rear yard setback from 30 feet to 10 feet, to correct a nonconforming condition to allow the construction of an addition on Lot 9, Block 3, Parkview Oaks First Addition, the same being 5502 Regis Trail 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. DIANE SAVAGE CHAIRPERSON APPEALS COMMISSION Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. VAR #91-20 Mailed: 7/26/91 5502 REGIS TRAIL N.E. Richard Hudrlik. Ronald Morin Dorothy Jones 5502 Regis Trail N.E. 5531 Regis Trail N.E. 5501 Regis Drive N.E. Fridley, M 55432 Fridley, MN 55432 Fridley, MN 55432 Robert Sturm Robert Lee Malcolm Mitchell 5490 Matterhorn Drive 5547 Regis Trail N.E. 1225 Regis Lane N.E. Fridley, MLS 55432 Fridley, PSV 55432 Fridley, MN 55432 Eugene Zgutowicz Harold Obert City Council 5530 Matterhorn. Drive 5561 Regis Trail N.E. Fridley, M 55432 Fridley, ASV 55432 City Manager William Jechorek Clarence Asche Diane Savage 5510 Matterhorn Drive 5520 Regis Trail N.E. 567 Rice Creek Terrace Fridley, MN 55432 Fridley, MN 55432 Fridley, MSV 55432 David Taklo Grant Christianson 5500 Matterhorn. Drive 5540 Regis Trail N.E. Fridley, MLV 55432 Fridley, MN' 55432 Alvars Stumbris Michael Marx 1200 Regis Lane N.E. 5550 Regis Trail N.E. Fridley, Mid 55432 Fridley, MN' 55432 Audubon Park Christian Church Kevin O'Rourke 1280 Regis Lane N.E. Kathleen Grewe Fridley, MLQ 55432 5551 Regis Dtive N.E. Fridley, MLS 55432 Diane Dunn -Haines Richard Musenbrock 5503 Regis Trail NE 5541 Regis Drive N.E. Fridley, MN 55432 Fridley, MLV 55432 James Hewland John Walther 5517 Regis Trail N.E. 5521 Regis Drive N.E. Fridley, MST 55432 Fridley, MLQ 55432 BLOO( 3 , PARY.YIEW oAws Tom HOD "MMM" C. E. COULTER C1 LOTS LAND .SURVEYOR TOPOGRAPHIC MAPPING REGIXTERED UNDER LAWS OF STATE OF MINNESOTA LICENSED GT ORDINANCE OF CTI OF HIMMEAPOLIS 3300 LYNDALE AVE. SO. MINNEAPOLIS S. MINN. c TAYLOR 4.0370 SURVC1' jor ARVW . CAptLSON & SON, IWC, SCALE �`' = 301 Graihage b U�ili�y EaSernent %ROW %ROM 0 I-eg `q 1 _ J 6 w � ® 0 '9 � � o 0 n � ...70.10`7 •. IRON �i REGIS t aNE vt J Lid ;LATTIMG FARM SURVEYS Women m JUDICIAL I hereby certify that the above is a true and correct plat of a survey of: Lot Nine (9), Block Three (3), PARKVIEW OAKS FIRST ADDITION, Anoka County, Minnesota. As surveyed by me this 17th day of February 1961 A. D. Signed -' 67Z4L-4 __ Minnesota Registration No. 2584 4-4 m [1Tk S • P i �v 00 �. a I � o P 40 !� y ea oe f .L )MAW �p 9' OT" 44 a i vt ry 01,40- fAOWV'4 c�cv-et' 7W. Ga e demo <t sit C x r' s T i v