VAR 00-074zo P-1 / / -2 - s 1
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City of Fridley Land Use Application
VAR#00-04 April 12, 2000
GENERAL INFORMATION SPECIAL INFORMATION
Jim Kiewel
1631 Rice Creek Road
Fridley, MN 55432
Requested Action:
Variance
Purpose:
To increase the allowable square footage
of all accessory buildings form 1,400
square feet to 1,666 square feet.
Existing Zoning:
Residential - 1
Location:
1631 Rice Creek Road
Size:
27,550 sq. ft. .6 acres
Existing Land Use:
Single Family Home
Surrounding Land Use & Zoning:
N: Single Family, R-1
E: City of New Brighton
S: Single Family, R-1
W: Single Family, R-1
Comprehensive Plan Conformance:
Consistent with Plan
Zoning Ordinance Conformance:
Sec. 205.07.0l.B.(1) requires that the total area
of all accessory buildings not exceed 1,400
square feet.
Zoning History:
Lot platted in 1939.
Home built in 1953.
VAR #95-23 granted in 1996.
VAR #95-23 expires, as it wasn't built, 1997.
Legal Description of Property:
The E. 145' front & rear thereof of the S. 190'
thereof of Lot 6, Auditors Sub. #22, subject to
an easement over the S. 30' thereof for road
purposes.
Council Action:
May 8, 2000
Public Utilities:
Home is connected.
Transportation:
Home is accessed by Rice Creek Road.
Physical Characteristics:
Typical suburban residential
landscaping, lot slopes towards back.
SUMMARY OF PROJECT
Jim Kiewel, property owner at 1631 Rice Creek
Road, is seeking to increase the allowable
square footage of all accessory buildings form
1,400 square feet to 1,666 square feet to allow
the construction of an additional 33' X 30'
detached garage.
SUMMARY OF HARDSHIP
"These vehicles, equipment, & materials need to
be stored inside on site to save offsite storage
costs, prevent damage from weather, potential
theft or vandalism, to maintain code compliance
& give a clean appearance to the
neighborhood" Jim Kiewel (Full letter attached)
SUMMARY OF ANALYSIS
City Staff recommends denial of this variance
request.
No similar variances to allow the square
footage of accessory buildings to exceed
1,400 square feet have been granted.
Petitioner does not meet statutory definition
of hardship
This request is not comparable to petitioners
previous request (attached garage expanded
to be 1,392 square feet)
Staff Report Prepared by: Scott Hickok
Paul Bolin
VAR #00-04
REQUEST
Jim Kiewel, property owner at 1631 Rice Creek Road, is seeking a variance to increase the
allowable square footage of all accessory buildings from 1,400 square feet to 1,666 square feet to
allow the construction of an additional 33' X 30' detached garage.
PROPERTY HISTORY
The property is located north of Rice Creek Road near the New Brighton border. The home is a
1,500 square foot walkout rambler with a 576 square foot (24'x24') attached two -car garage.
The home was built in 1953 and the attached garage was added in 1961. The petitioner has
owned the property since 1994 and in 1995 applied for a variance to construct an attached garage
addition to increase the size of accessory structures to a total of 2,064 square feet.
PRIOR VARIANCE REQUESTS
The 1995 variance request, VAR #95-23, was approved by the City Council on February 26,
1996 after two revisions were made to reduce the total square footage of the accessory buildings
to 1,392 square feet.
The 24' by 24' attached garage was built as a two-story garage, which made the actual square
footage of the original garage 1,152 square feet. The original request for Variance #95-23 was to
place a 24' X 38' addition attached to the existing garage and home. A variance was needed as
this request would not only exceed the square footage of the home, but would also exceed the
1,400 square foot limit for all accessory buildings. The 1995 request increased the total square
footage of accessory buildings to 2,064 square feet and was denied by the Appeals Commission
at their September 12, 1995 meeting.
When the variance request went to the City Council on October 2, 1995, the petitioner reduced
his request to 1,776 square feet of total accessory buildings by reducing the size of the existing
lower garage unit to 288 square feet. This request was denied by the City Council.
The petitioner then asked the Council to reconsider his request on October 23, 1995. The
petitioner agreed to remove the garage door from the lower level and block the space in so that it
was not considered part of the accessory structure. This reduced the petitioner's request to 1,392
total square feet of accessory structures. The City Council tabled this request to explore the
necessity of any changes to the accessory structure portion of the Code. On February 12, 1996
the City Council determined that the ordinance did not need to be changed and at their February
26th, 2000 meeting granted approval of VAR #95-23 to allow the size of a first accessory
building to be 1,392 square feet.
DIFFERENCES BETWEEN VAR #00-04 & VAR #95-23
Through out the application process, the petitioner has repeatedly inferred to staff that they
should recommend approval and that the Appeals Commission shouldn't have a problem
granting this variance request since he was granted one in the past. The two variances are very
different in scope.
The previous variance, which was granted but lapsed after one year when construction had not
started, was a variance to allow an attached first accessory building to be 1,392 square feet rather
than the Code required 1,000 square feet for first accessory buildings. The total request was 8
square feet less than the maximum square footage of accessory buildings allowed by code. Both
of the petitioners previous attempts to get the total square footage of the accessory buildings over
1,400 square feet were denied due to a lack of hardship. The request to increase the allowable
square footage to 2,064 square feet was denied by the Appeals Commission due to a lack of
hardship. The revised request to increase the allowable square footage to 1,776 square feet was
then denied by the Council due to a lack of hardship.
To point out the differences in even simpler terms, the first request was for a 34' X 24' (816
square foot) attached garage addition. The current request is for a 30' X 33' (990 square foot)
detached garage addition. With VAR #95-23, the total square footage of all accessory buildings
was 1,392 square feet. With VAR #00-04, the total square footage of all accessory buildings is
1,666 square feet (possibly 1,566 square feet if existing shed is removed from property). The
granted variance was 8 square feet under the total allowed by Code. The requested variance is
266 square feet more than allowed by Code.
SITE ISSUES
Upon inspection, staff noted three issues that are cause for concern. The first of these conditions
is what appears to be an apartment unit on the lower level of the home. As staff photographed the
site, a family exited the lower/walkout portion of the home.
In the mid 1990's, a realtor contacted the City. His question was whether on not he could
legitimately list this property as a duplex. The answer was no. The City contacted the property
owner and alerted him to the fact that the property is not zoned for two dwelling units.
A second concern is what appears to be the recent blocking -in of what had been a larger opening
in the lower portion of the garage. That construction has happened since the last variance and no
building permit exists on file that identifies this work, method of construction, etc.
The final site concern is not as much a concern as a note for the record. There is a mature multi -
trunk tree that cannot be avoided and will be removed as part of this construction.
(View of proposed garage location from North) `Addition Laication* (View of proposed garage location from West
RECOMMENDATIONS
City Staff recommends denial of this variance request.
• No similar variances to allow the square footage of accessory buildings to exceed 1,400
square feet have been granted.
Petitioner does not meet statutory definition of hardship
This request is not comparable to petitioners previous request (attached garage expanded to
be 1,392 square feet)
STIPULATION
Staff recommends that if the variance is granted, the following stipulations be attached.
1. Petitioner shall obtain all necessary permits prior to construction for new work and shall
allow inspection and obtain permits for work that has been completed without the benefit of a
building permit.
2. The petitioner shall provide a hardsurface driveway by May 1, 2001.
3. The accessory structure shall not be used to conduct a home occupation.
4. Home must be opened to City officials to determine if a rental unit exists.
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UPPER GARAGE 576, SO. FT. -
Proposed Garage 912 sq. ft -r
1.09
VAR 495-23
James Kiewel
LOWER GARAGE,
288 SO. FT.
ELEVATION
STATE OF MINNESOTA ) iY COUNCIL PROCEEDINGS
VARIANCE
COUNTY OF ANOKA )
CITY OF FRIDLEY )1262341
In the Matter of: a variance, VAR 495-23
Owner: James Kiewel
The above entitled matter came before the City Council of the City of Fridley and was heard on the
26th day of February , 19 96 , on a petition for a variance pursuant to the City of
Fridley's Zoning Ordinance, for the following described property:
To increase the maximum size of a first accessory structure from 1,000 square feet to
1,392 square feet, and to allow an accessory structure to exceed the first floor area
of a dwelling unit, in order to allow construction of a 34' x 24' addition to an existing
garage, on that part of Lot 6, Auditor's Subdivision No. 22, described as follows: the
East 145 feet front and rear of the South 190 feet of said Lot 6, subject to easements
for road purposes over the South 30 feet thereof, generally located at 1631 Rice Creek
Road N.E.
IT IS ORDERED that a variance be granted as upon the following conditions or reasons:
Approval with four stipulations. See City Council meeting minutes of February 26, 1996.
/ 3- 3 n-- a�4--- 41— 0 00(5 cao
STATE OF MINNESOTA
COUNTY OF ANOKA 1 OFFICE OF THE CITY CLERK
CITY OF FRIDLEY
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, Minnesota, in the
County of Anoka on the 3 ,o day of _, 19 97
DRAFTED BY:
City of Fridley ) �
6431 University Avenue N. E. (nJ
Fridley, MN 55432 William A. Champa, City Cler
Variances are valid for a period of one year following approval and shall be considered void if nar:u J*fhin
that period.
CITY OF FRIDLEY
6431 UNIVERSITY AVENUE
FRIDLEY, MN 55432
(612) 571-3450
COMMUNITY DEVELOPMENT DEPARTMENT
VARIANCE APPLICATION FOR:
Residential Commercial/Industrial _ Signs
PROPERTY INFORMATION:.- site plan required for submittal, see attached
Address: / /?/ c- e. 6 r e r- It R 1.
:Property Identification Number. A- / 3 -.7 6- a 9 -- L1l Q o d 6
Legal Description: Lot g' Block Tract/Addition r- /y rah Feoh-t-®
/� ea ✓ ®/= �' � �- S — i � � F�, 7'A � rr®t' 0 � � a f" � .�a as e�e Sre �. ,d2.�. 2.� �f'��,�-e ��'
Current Zoning: K-/ Square footage/acreage:
Reason for Variance: tend ,4 /-
7/
J^r-07X/dA CICAa"g, ,croa. i)Io6A_e.YYar/a^Gtr ILO D.C444Ae�( ''4✓ -.32"x20'
Have you operated a business 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
V.V.VN.V.Vi►/iVN.V/VIVIr.Y.Y.V.V/V.V.VNN.V N.V.VIViVMM.V.V.V.V /r�V.Y/Y1V/VAIIV.V.VIr/Y/YN/YAIIr/�I�V1V.Y/riV.V.V/rIV NNA/.VAIIY
FEE OWNER INFORMATION (as it appears on the property title)
(Contract purchasers: Fee owners must sign this form prior to processing)
NAME: cTiP77 /</eL,,e l
ADDRESS: l,C 3/ /?i c e Gv-r- e/< 9
DAYTIME PHONE: f"2.1. - -Y C6 / SIGNATURE/DATE:
PETITIONER INFORMATION
NAME: Z Hi e
ADDRESS: /4 So
DAYTIME PHONE: A `uy c, SIGNATURE/DATE: - - e
N.VN.V/V.VNIVNN.V.V,V.V.V�V.VN�V iV.V.V�V.V�V.VNtiN.V.V/V/VN.V IVN.V.�.V/r/V NNNIV A/�V NiV,V�V.VN.VM.VNNIrIVNIViV.VAr
Section of City Code:
FEES
Fee: $100.00 for commercial, industrial, or signs:
Fee: $60.00 for residential pr perties: �� Receipt #: Received By:
Application Number: Qqloq
Scheduled Appeals Commissionbate:
Scheduled City Council Date:
10 Day Application Complete Notification Date:
60 Day Date:
City of Fridley Land Use
Application Process
1 60 Day Agency Action Law
Application Date Appeals Commission Meeti
60 Day Window Starts Recommendation to Council
21-40 Daysi
Application Complete I
10 Day Notice
Submit Complete Public Hearings:
Application and Variance
Materials Vacations
Lot Splits
Plats
Rezonings
Zoning Amendments
Wetland Replacements
Comprehensive Plan
Special Use Permits
City Council Decision
Approval or Denial
50-60 Days
Approved, Action Taken Letter
I Tabled, 60 More Days I
I Denied I
Public Hearings:
Rezonings
Zoning Amendments
CITY OF FRIDLEY PUBLIC HEARING NOTICE
BEFORE THE APPEALS COMMISSION
TO:
Residents within 350 feet of 1631 Rice Creek Road
CASE NUMBER:
VAR #00-04
APPLICANT:
Jim Kiewel
1631 Rice Creek Road
Fridley, MN 55432
Petitioner or representative must be at meeting.
PURPOSE:
To increase the allowable square footage of all accessory
buildings from 1,400 square feet to 1,566 square feet to allow
the construction of an additional 33 foot by 30 foot garage
LOCATION OF
PROPERTY.
1631 Rice Creek Road
LEGAL
DESCRIPTION:
The East 145 feet front and rear thereof of the South 190 feet
thereof of Lot 6, Auditor's Subdivision #22 (subject to an
easement for road purposes over the South 30 feet thereof)
DATE AND TIME OF
Appeals Commission Meeting, Wednesday, April 12,
HEARING:
2000, at 7:30 p.m.
The Appeals Commission meetings are televised live the
night of the meeting on Channel 35.
PLACE OF
Fridley Municipal Center, City Council Chambers
HEARING:
6431 University Avenue
HOW TO
1. You may attend hearings and testify.
PARTICIPATE:
2. You may send a letter before the hearing to Scott Hickok,
Planning Coordinator, or Paul Bolin, Planner, at 6431
University Avenue N.E., Fridley, MN 55432 or fax at 571-
1287.
SPECIAL
Hearing impaired persons planning to attend who need an
ACCOMMODATION:
interpreter or other persons with disabilities who require
auxiliary aids should contact Roberta Collins at 572-3500 no
later than April 5, 2000. (TDD 612-572-3534)
ANY QUESTIONS:
Contact Scott Hickok, Planning Coordinator, at 572-3599, or
Paul Bolin, Planner, at 572-3593.
Mailing Date: March 31, 2000
GQVOENT JOHN G JR & D F MANTHIS JAMES T & D J ROHDE- SCHMIDTZ MARVIN J
1610 RICE CREEK RD NE 1613 RICE CREEK RD NE 1616 RICE CREEK RD NE
FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432
VESCIO TIMOTHY J
1619 RICE CREEK RD NE
FRIDLEY, MN 55432
WARGO ANDREW J & SALLY J
1621 RICE CREEK RD NE
FRIDLEY, MN 55432
MORRISSEY CYNTHIA A
1629 WOODSIDE CT NE
FRIDLEY, MN 55432
PHILLIPS LEVI F
1632 RICE CREEK RD NE
FRIDLEY, MN 55432
ORTH MCGLORE A & PATRICIA
1651 CAMELOT LN NE
FRIDLEY, MN 55432
BENJAMIN ROBERT O & DAWN M
1670 CAMELOT LN NE
FRIDLEY, MN 55432
PRASEK RONALD A & JENNIFER
1681 CAMELOT LN NE
FRIDLEY, MN 55432
SMITH GARY V & SUSAN L
1619 WOODSIDE CT NE
FRIDLEY, MN 55432
FOLLINGSTAD LAMOINE D & L
1626 RICE CREEK RD NE
FRIDLEY, MN 55432
MCFADDEN TOM
1630 RICE CREEK RD NE
FRIDLEY, MN 55432
MARTINSON JOHN C & JUDITH A
1640 CAMELOT LN NE
FRIDLEY, MN 55432
GHANI MIRZA M & LALA R
1660 CAMELOT LN NE
FRIDLEY, MN 55432
ZBIKOWSKI WILLIAM A & D M
1671 CAMELOT LN NE
FRIDLEY, MN 55432
MELTON MICHAEL R & ELAINE J
1690 CAMELOT LN NE
FRIDLEY, MN 55432
JOHANNS DONALD & DONNA M
1620 RICE CREEK RD NE
FRIDLEY, MN 55432
SKOE DAVID M
1627 RICE CREEK RD NE
FRIDLEY, MN 55432
KIEWEL JAMES
1631 RICE CREEK RD NE
FRIDLEY, MN 55432
TURGEON THOMAS A & NATALIE
1650 CAMELOT LN NE
FRIDLEY, MN 55432
JOHNSON LESLIE H & JANET A
1661 CAMELOT LN NE
FRIDLEY, MN 55432
GRAHEK KEVIN D & KRISTINE E
1680 CAMELOT LN NE
FRIDLEY, MN 55432
WRIGHT JAMES A & DEBRA J
1691 CAMELOT LN NE
FRIDLEY, MN 55432
CHINCHOY EDWARD W & J H ROSSI HAL H & MELODEE R L HARSTAD KEITH & DIANE N
6240 STINSON BLVD NE 6250 STINSON BLVD NE Bad Address 1
FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 0