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VAR 95-23y A4 CITYOF FRIDLEY FRIDLEY MUNICIPAL CENTER i- 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 • (612) 571-3450 • FAX (612) 571-1287 CITY COUNCIL ACTION TAKEN NOTICE James ICewel 1631 Rice Creek Road NE Fridley, MN 55432 Dear Mr. Kiewel: March 5, 1996 On_ February 26, 19961 the Fridley City Council officially approved your request for a variance, VAR #95-23, 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. Approval of this variance request is contingent upon the following stipulations: 1. The petitioner s I provide a hardsurface driveway to the garage addition by ober 1, 1997 2. The accessory structure shall not be used to conduct a home occupation, as prohibited by Section 205.03.34 of the Fridley City Code. 3. The upper level of the garage shall not be converted to living space without application and approval of all required permits. 4. The necessary permits shall be obtained prior to construction of the proposed addition. You have one year from the date of City Council action to initiate construction. If you cannot begin construction in time, you must submit a letter requesting an extension at least three weeks prior to the expiration date. James ICiewel March 5, 1996 Page 2 If you have any questions regarding the above action, please call me at 572-3590. Sincerely, Barbara Dacy, AICP Community Development Director BD/dw Please review the above, sign the statement below and return one copy to the City of Fridley Planning Department by March 19, 1996. Concur with action taken. FRIDLEY MUNICIPAL CENTER - 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 - (612) 571-3450 - FAX (612) 571-1287 February 21, 1997 James Kiewal 1631 Rice Creek Road NE Frildley, MN 55432 Dear Mr. Kiewal: On February 26, 1996, the Fridley City Council approved a request for a variance, #95-23, 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, to allow construction of a 34'x 24' addition to an existing garage. The code allows an applicant one year from the date. of approval to construct the improvement. This letter is to inform you that this variance will expire on February 26, 1997. You can request an extension from the Council. Please submit your written request by February 26, 1997 and it will be placed on the March 3, 1997 City Council agenda. If you allow the variance to expire, you need to process a new variance request prior to constructing the addition. If you have any questions, please contact me at 572-3593 Sincerely, Michele McPherson Planning Assistant C-97-22 MM/ IR STATE OF MINNESOTA ) .Y COUNCIL PROCEEDINGS VARIANCE COUNTY OF ANOKA ) CITY OF FRIDLEY )1262311 In the Matter of: a variance, VAR #95-23 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 -30 -DILA -141-0006 C94 STATE OF MINNESOTA ) COUNTY OF ANOKA CITY OF FRIDLEY OFFICE OF THE CITY CLERK I, William A. Champa, City Clerk for the City of Fridley, with and in for said City of Fridley, do hereby certify that I have compared the foregoing copy and Order granting a variance with the original record thereof preserved in my office, and have found the same to be a correct and true transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto s bscribed my hand at the City of Fridley, Minnesota, in the County of Anoka on the -,93,eo day of ,19�. DRAFTED BY: City of Fridley l a /� � .� 6431 University Avenue N.E. Fridley, MN 55432 William A. Champa, City Cler • , .8 AL) Variances are valid for a period of one year following approval and shall be considered void if neftl,efWitNn that period. carrier for the attorneys. He ated that the contract requires that the prosecuting orneys carry professional liability insurance. Mr. Burns stated that t 's matter has been reviewed with the City Attorney, and he in agreement that the indemnification language should be opped. He stated it is recommended that the contract be proved without the indemnification clause. He stated tha the contract is for a three-year period with fees of $6 . 5 per hour for 1996; $70.00 per hour for 1997; and $75. per hour for 1998. ED CONTRACT FOR LEGAL SERVICES BETWEEN THE CITY AND ST & EKSTRUK, CHARTERED, AND CARL J. NEWQUIST. 2. VARIANCE REQUEST. VAR #95-23. BY JAMES KIEWEL. 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 FOOT BY 24 FOOT ADDITION TO AN EXISTING GARAGE, GENERALLY LOCATED AT 1631 RICE CREEK ROAD N.E.-(WARD 2) (TABLED OCTOBER 23, 1995)• Mr. Burns, City Manager, stated that the application for this variance was filed in August, 1995 and last considered by Council on October 23, 1995. He stated that this variance request was tabled until staff completed a comparative study of accessory structures law. He stated that this research has been completed, and it is recommended that requirements for accessory structures remain the same. Mr. Burns stated it is recommended. that a variance of 392 square feet be approved (total size of structure is 1,392 square feet) with four stipulations which he outlined. GRANTED VARIANCE REQUEST, VAR #95-23, WITH THE FOLLOWING STIPULATIONS: (1) THE PETITIONER SHALL PROVIDE A HARDSURFACE DRIVEWAY TO THE GARAGE ADDITION BY OCTOBER 1,1997; (2) THE ACCESSORY STRUCTURE SHALL NOT BE USED TO CONDUCT A HOME OCCU- PATION, AS PROHIBITED BY SECTION 205.03.34 OF THE FRIDLEY CITY CODE; (3) THE UPPER LEVEL OF THE GARAGE SHALL NOT BE CONVERTED TO LIVING SPACE WITHOUT APPLICATION AND APPROVAL OF ALL REQUIRED PERMITS; AND (4) THE NECESSARY PERMITS SHALL BE OBTAINED PRIOR TO CONSTRUCTION OF THE PROPOSED ADDITION. NEW BUSINESS• 3. ADMINISTRATIVE SERVICES: Mr. Burns, City Manag , stated that this addendum allows the City's Section 8 cj>drdinator to provide services to clients LITax LIDAN841e0e9 D�teltime:l 3� 91 ( f 36jum•Co. Dr,. Tac Paid Doc. Order _ _ , L _o� _ f riTranvinr 1..D New Ch,wked br. Al Filing 5r D -4-c. FlMwdeblll; Face: 1 '- �Dfvls�an pp�� CAC peUgquents Pitta �' �5lsius L._A f7�t._ DOCUMENT No. 1262347.0 ABSTRACT ANOKA COUNTY MINNESOTA I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS FILED IN THIS OFFICE FOR RECORD ON JAN 31 97 AT 5:00 PM AND WAS DULY RECORDED, FEES AND TAXES IN THE AMOUNT OF $19.50 PAID. RECEIPTNO. 97007568 EDWARD M. TRESKA ANOKA COUNTY PROPERTY TAX ADMINISTRATOR/RECOROER/REGISTRAR OF TITLES BYKHJ DEPUTY PROPERTY TAX ADMINISTRATOR/RECORDER/REGISTRAR OF TITLES CITYOF FRIDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 • (612) 571-3450 • FAX (612) 571-1287 CITY COUNCIL ACTION TAKEN NOTICE James Kiewel 1631 Rice Creek Road NE Fridley, MN 55432 Dear Mr. Kiewel: March 5, 1996 On February 26, 1996, the Fridley City Council officially approved your request for a variance, VAR #95-23, 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. Approval of this variance request is contingent upon the following stipulations: 1. The petitioner shall provide a hardsurface driveway to the garage addition by October 1, 1997. 2. The accessory structure shall not be used to conduct a home occupation, as prohibited by Section 205.03.34 of the Fridley City Code. 3. The upper level of the garage shall not be converted to living space without application and approval of all required permits. 4. The necessary permits shall be obtained prior to construction of the proposed addition. You have one year from the date of City Council action to initiate construction. If you cannot begin construction in time, you must submit a letter requesting an extension at least three weeks prior to the expiration date. James Kiewel March 5, 1996 Page 2 If you have any questions regarding the above action, please call me at 572-3590. Sincerely Barbara Dacy, AICP Community Development Director BDJdw Please review the above, sign the statement below and return one copy to the City of Fridley Planning Department by March 19, 1996. Co ur with action taken. s FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 26. 1996 PAGE 2 carrier for the attorneys. He stated t the contract requires that the prosecuting attorne carry professional liability insurance. Mr. Burns stated that this 3atfer has been reviewed with the City Attorney, and he is i agreement that the indemnification language should be dro ed. He stated it is recommended that the contract be app ed without the indemnification clause. He stated that t contract is for a three-year period with fees of $63.7 per hour for 1996; $70.00 per hour for.1997; and $75.00 er hour for 1998. APPAGVED CONTRACT FOR LEGAL SERVICES BETWEEN THE CITY AND NEWQUIST & EKSTRUM, CHARTERED, AND CARL J. NEWQUIST. 2. VARIANCE REQUEST. VAR #95-23. BY JAMES KIEWEL 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 FOOT BY 24 FOOT ADDITION 10 AN EXISTING GARAGE. GENERALLY LOCATED AT 1631 RICE CREEK ROAD N.E. (WARD 2) (TABLED OCTOBER 23, 1995): Mr. Burns, City Manager, stated that the application for this variance was filed in August, 1995 and last considered by Council on October 23, 1995. He stated that this variance request was tabled until staff completed a comparative study of accessory structures law. He stated that this research has been completed, and it is recommended that requirements for accessory structures remain the same. Mr. Burns stated it is recommended that a variance of 392 square feet be approved (total size of structure is 1,392 square feet) with four stipulations which he outlined. GRANTED VARIANCE REQUEST, VAR #95-23, WITH THE FOLLOWING STIPULATIONS: (1) THE PETITIONER SHALL PROVIDE A HARDSURFACE DRIVEWAY TO THE GARAGE ADDITION BY OCTOBER 1,1997; (2) THE ACCESSORY STRUCTURE SHALL NOT BE USED TO CONDUCT A HOME OCCU- PATION, AS PROHIBITED BY SECTION 205.03.34 OF THE FRIDLEY CITY CODE; (3 ) THE UPPER LEVEL OF THE GARAGE SHALL NOT BE CONVERTED TO LIVING SPACE WITHOUT APPLICATION AND APPROVAL OF ALL REQUIRED PERMITS; AND (4), THE NECESSARY PERMITS SHALL BE OBTAINED PRIOR TO CONSTRUCTION OF THE PROPOSED ADDITION. NEW BUSINESS: 3. ADMINISTRATIVE SERVICES: Mr. Burns, City Manager, st ed that this addendum allows the City's Section 8 coord' for to provide services to clients THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF FEBRUARY 26, 1996 The Regular Meeting of the Fridley City Council was called to order by Mayor Nee at 7:30 p.m PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of A11e '�ance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Nee, Councilwoman Jorgenso , Councilman Billings, Councilman Schneiderd Councilwoman Bolkcom MEMBERS ABSENT: None APPROVAL OF MINUTES: MOTION by Councilwoman Jorgenson presented. Seconded by Councilman all voting aye, Mayor Nee declared i OLD BUSINESS• 1. Y' approve the minutes as neider. Upon a voice vote, motion carried unanimously. Mr. Burns, City anger, stated that this contract is for criminal proses on services for the City. He stated that this item had een tabled because of the issue of an indem- ni:fication ause. He stated it has been learned that Newquist & trum's insurer will not insure them if they sign a co/carriers !itih an indemnification clause. He stated that the attot the League of Minnesota Cities have verified that the ification clause may cause a problem. He stated thateague of Minnesota Cities did not check with in- surabefore recommending that the City include an indetion clause in the attorneys contracts. Mrx Burns stated that the absence of an indemnification clause the contract does not mean that the City is not insured. He stated it simply means that if the City is sued for actions of the prosecuting attorneys, the City's liability carrier would need to bring a separate suit against the liability MEMORANDUM DEVELOPMENT DIRECTOR DATE: February, 22, 1996 TO: Wiliam Bums, City Manager � FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Variance Request, VAR #95-23, by James Kiewel; 1631 Rice Creek Road N.E. Request On August 3, 1995, the petitioner originally applied for a variance to increase the size of a first accessory structure from 1,000 square feet to 2,064 square feet, and to increase the maximum square footage of all accessory structures from 1,400 square feet to 2,064 square feet. At the City Council meeting of October 23, 1995, the petitioner's request had been reduced to increase the maximum size of a first accessory structure from 1,000 square feet to 1,392 square feet (see attached Exhibit A). At that time, the request was tabled at the City Council's direction to determine if the ordinance regarding accessory structures should be changed. At its February 12, 1996 City Council meeting, staff discussed a potential ordinance change regarding accessory structures. City Council concurred that the ordinance should not be changed at this time. Recommendation As was discussed at the February 12, 1996 City Council meeting, staff recommends that the City Council approve Mr. IUewel's variance request based on the following findings of fact: 1. The petitioner has an unusually large lot that the code would allow a total lot coverage of 6,887.5 square feet. 2.01 • James Kiewel Variance February 22, 1996 Page 2 2. The size of the garage approximately equals the size of the dwelling, and will not be out of proportion with the neighborhood. 3. The lot's unique topography allows the structure to be built at a level lower than the street, thereby reducing the visual impact to adjacent properties. Staff also recommends the following stipulations: 1. The petitioner shall provide a hardsurFace driveway to the garage addition by October 1, 1997. 2. The accessory structure shall not be used to conduct a home occupation, as prohibited by Section 205.03.34 of the Fridley City Code. 3. The upper level of the garage shall not be converted to living space without application and approval of all required permits. 4. The necessary permits shall be obtained prior to construction of the proposed addition. MM/dw M-96-87 2.02 DATE September 12, 1995 October 2, 1995 October 19, 1995 VARIANCE REQUEST VAR#95-23 REVISIONS SQUARE FOOTAGE 2,064 DIMENSIONS 24'x24' upper & lower 24'x38' addition 1,776 24'x24' upper 24'x 12' lower 24'x38' addition 1,392 Exhibit A 2.03 24'x24' upper 24'x34' addition FRIDLEY UNICI AL �6NTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 • (612) 571-3450 • FAX (612) 571-1287 James Kiewel 1631 Rice Creek Road Fridley, MN 55432 RE: Variance Request, VAR #95-23 Dear Mr. Kiewel: As you may recall, the'Fridley City Council tabled your variance request, VAR #95-23, on October 2, 1995. This letter is to inform you that your item has been rescheduled for review by the City Council at its February 26, 1996, meeting. The meeting will begin at 7:30 p.m. If you have any questions regarding your item, please feel free to contact me at 572- 3593 or Scott Hickok at 572-3599. Sincerely, Michele McPherson Planning Assistant [ T,W, C-96-16 P No persons in the audience spoke r rding this proposed assessment. MOTION by Councilwoman Bo om to close the public hearing. Seconded by Councilwoman rgenson. Upon a voice vote, all voting aye, Mayor Nee decljazdd the motion carried unanimously and the public hearing c ed at 9:09 p.m. 1. RECONSIDERATION OF A VARIANCE REQUEST, VAR #95-23, BY JAMES KIEWEL, 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 24 X 34 FOOT ADDITION TO AN EXISTING GARAGE, GENERALLY LOCATED AT 1631 RICE CREEK ROAD N.E. LARD 2): MOTION by Councilman Schneider to reconsider Variance Request, VAR #95-23. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Hickok, Planning Coordinator, stated that Council denied this variance request at their October 2, 1995 meeting, and staff was to meet with the petitioner to discuss alternatives. He stated that the petitioner, Mr. Kiewel, has revised his plans and will keep the 576 square feet upper level garage as a garage, block -in the lower level of the existing garage to be utilized as interior dwelling space (this modification would eliminate 576 square feet of accessory structure) , and reduce the original request for a rear yard attached garage from 24 by 38 feet to 24 by 34 feet. He stated that this modified request represents a reduction in the size of the accessory structure from 2,064 square feet to 1,392 square feet. Councilman Schneider stated that for an attached accessory building, the maximum variance the City has previously allowed was 1,270 square feet, as opposed to this request for 1,392 square feet. He asked if there was anything in the code that ties in the square footage of a lot to the size of an accessory structure. Mr. Kiewel stated that it would be impractical for him to build anything less than a 24 by 34 square foot structure. He stated that he has the space, and there was no objection from his neighbors. Councilman Schneider stated that he would like to refer this issue to staff to determine if the size of the garage should be tied to the size of the lot. He felt that Mr. Kiewel has the space, but his concern is that someone else may not have the space and it would set a precedent. 2.10 A FRIDLEY CITY COUNCIL MEETING OF OCTOBER 23, 1995 PAGE 16 Mr. Kiewel stated that there is not a critical need to build the garage at this time. He stated that he would still like this size structure and would be open to staff reviewing Councilman Schneider's suggestion. He stated that if he could obtain this variance, it would help him a great deal to have the extra storage space. Councilman Schneider felt that staff should have several months to study this issue to determine if there should be a change in the ordinance. MOTION by Councilman Schneider to table action on Variance Request, VAR #95-23 and request staff to research the idea of relating the maximum square footage of an accessory building to overall lot size, green space, and principal structures, and submit recommen- dations to Council by the first meeting in February, 1996. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS 26. CONNECTION: MOTION by Councilman Billings to adopt Reso'l ion No. 78-1995. Seconded by Councilwoman Bolkcom. Upon a voa vote, all voting aye, Mayor Nee declared the motion carried animously. 27. RESOLUTION CONFIRMING ASSESSMENT FOR STREET IMPROVEMENT PROJECT NO. ST. 1992-2: MOTION by Councilman Schneider to table this item. Seconded by Councilman Billings. Upon a voi a vote, all voting aye, Mayor Nee declared the motion carried u nimously. 28. arc MOTION by Councilman chneider to adopt Resolution No. 79-199.5. Seconded by Councilorpfian Jorgenson. Upon a voice vote, all voting aye, Mayor Nee decldred the motion carried unanimously. 29. MOTION by ouncilman Billings to table this item. Seconded by Councilwo an Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declare the motion carried unanimously. Councilman Schneider stated that there was a to of community involvement to make the community a better pla APPROVAL OF MINUTES: COUNCIL MEETING OCTOBER 2 995: MOTION by Councilman Bil ' gs to approve the minutes as presented. Seconded by Councilm Schneider. Upon a voice vote, all voting aye, Mayor Nee de red the motion carried unanimously. OLD BUSINESS• 1. RECONSIDERATION OF A VARIANCE REQUEST VAR #95-23 BY JAMES KIEWEL, 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 24 X 34 FOOT ADDITION TO AN EXISTING GARAGE, GENERALLY LOCATED AT 1631 RICE CREEK ROAD N.E. (WARD 2)• Mr. Burns, City Manager, stated that the original variance request was to expand the maximum size of a first accessory structure from 1,000 square feet to 2,064 square feet. He stated that this created a problem, as the square footage of the accessory structure exceeded the first floor area of the dwelling. Mr. Burns stated that since the October 2 Council meeting when the variance was denied, the petitioner has agreed to block in the exterior entrance to the lower level of the existing garage and reduce the size of the garage addition from 24 by 38 feet to 24 by 34 feet. He stated that this reduces the size of the accessory structure from 2,064 square feet to 1,392 square feet, but it is still 42 square feet larger than the first floor area of the petitioner's dwelling. Mr. Burns stated that if Council reconsiders and approves the variance, it is recommended a hard surface drive be con- structed from Rice Creek Road to the new garage entrance within one year of approval of the variance. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. NEW BUSINESS• 2. DISTRICT NO. 1• Mr. Burns, City Manager, stat that a public hearing was held on this item on October 2, d there were no adverse comments. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 23, 1995 PAGE 4 3. 4. He stated that under special legislation passed for Fridley, Crystal and Minneapolis during the Minnesota legislative session, the HRA may acquire a maximum of fifty parcels er a ten year period. He stated that the first phase o the proposed plan applies to eight properties that have -ready been acquired by the Fridley HRA. He stated that a plan also identifies a variety of factors related o these properties including estimated project cost, est' ated tax increment, and a stipulation that the increment f the eight properties may only be collected for fifteen ye s. ADOPTED RESOLUTION NO. 66-1995. LIVABLE COMMUNITIES ACT: Mr. Burns, City Manager, stated tha the purpose of the Metropolitan Livable Communities Act 's to create affordable housing for all age groups, clean up polluted sites for businesses and jobs, and encourage ompact development where there is linkage between housing, jobs and transportation. He stated that three incentive ograms are provided: tax base revitalization account; li able communities demonstra- tion account; and local housin incentives accounts. Mr. Burns stated that citi supporting six principles three incentive accounts. the six principles, the CA Council to establish bench marks establie are to be adopted by plan must be in plac ty for ,/must pass a resolution annually a order to be eligible for the stated that if Council endorses will meet with the Metropolitan le housing goals that fall within the City. He stated that goals 14, 1995, and an implementation by June 30, 1996. Mr. Burns stated at although the program is voluntary, there are penalties ast well as incentives. He stated that while staff objects t the mandate aspect of this legislation, it is also re4 - ed that.the mandate does give the City access to three new s urces of funding for the City's various housing programs. stated that the purposes of the program are consistent ith the City's past effort to make affordable and life cycle housing a priority and to improve the livability and quali y of our neighborhoods. RESOLUTION NO. 67-1995. Kr. Burns, City Manager, stated that due to 1996 budget constraints, it has become necessary to discontinue or 1631 Rice Creek Road Accessory Structure Variance DESCRIPTION OF REQUEST: The petitioner requests that a variance be granted to allow a first accessory structure to exceed both 1,000 square feet and the first floor living area of the dwelling unit which is 1,352 square feet. The petitioner has a two story garage and proposes to construct a 24 x 38 foot addition to the lower level of the garage making the total square footage of the first accessory structure 2,064 square feet. SUMMARY OF ISSUES: Code Section 205.07.01B.(4).(a) require that a first accessory building shall not exceed 100% of the first floor of the dwelling unit, or a maximum of 1,000 square feet. The accessory structure portion of the code also requires that the sum of all accessory buildings not exceed 1,400 square feet. The petitioner's request exceeds all maximums allowed by the code including the 1,400 square feet total for all accessory structures on a property. The request also exceeds the previously granted requests. RECOMMENDED ACTIONS: Staff recommends that the City Council deny the request as proposed. APPEALS COMMISSION ACTION: The Appeals Commission voted unanimously to deny the request as proposed. PROJECT DETAILS Petition For: Variance to increase the size of a first accessory structure from 1,000 square feet to 2,064 square feet; allowing an accessory structure to exceed the first floor of a dwelling unit. Location of Property: Legal Description of Property: Size: Topography: Existing Vegetation: Existing Zoning/Platting: Availability of Municipal Utilities: Vehicular Access: Pedestrian Access: Engineering Issues: Site Planning Issues: 1631 Rice Creek Road The east 145 feet front and rear of the south 190 feet of Lot 6, Auditor's Subdivision No. 22, subject to easements. 23,200 square feet Sloping to the north Typical suburban; sod, trees and shrubs Auditor's Subdivision No. 22; 1939 Connected Rice Creek Road N/A/ NIA 2 2.05 DEVELOPMENT SITE Section 205.07.O1.B.(4).(a) requires that a first accessory building shall not exceed 1001/6 of the first floor area of the dwelling unit or a maximum of 1,000 square feet. Public purpose served by this requirement is to maintain the residential quality of the neighborhood by limiting the size of accessory structures. Description of Empertand History The subject parcel is located north of Rice Creek Road at the border between Fridley and New Brighton. Located on the subject parcel is a single story rambler with an attached two car garage measuring 24' x 24'. The rambler has a walkout basement. The attached garage has storage on both the upper and lower floors. The original house was constructed in 1953. In 1961, the 24' x 24' garage was constructed, as well as a 13' x 26' kitchen addition. The property became rental in 1983. The petitioner acquired the property in 1994. Prior to the petitioner owning the property, the property was the recipient of a number of code enforcement letters. The petitioner himself was cited for working without appropriate budding permits. Once notified, however, the petitioner has worked cooperatively with the Building Inspection staff to acquire the necessary permits. Some of the construction on this site has been related to a pipe break and water damage in the walk -out level of the home. Req est The petitioner requests that a variance be granted to allow a first accessory structure to exceed both 1,000 square feet and the first floor area of the dwelling unit. The petitioner proposes to construct a 24' x 38' addition to the lower level of the garage making the total square footage of the first accessory structure 2,064 square feet. An existing gravel drive to the lower level would require hardsurface improvements, but would provide suitable access without major grading, tree removal, etc. An sis The petitioner's request exceeds the 1,000 square foot maximum, the first floor area of the dwelling unit, and the 1,400 square feet of total accessory structure square footage allowed by code. The request also exceeds the previously granted variance for maximum garage area of 1,300 square feet. The petitioner's property measures approximately half an acre in area. The proposed addition would be minimally visible from the public right-of-way, and does not require any setback variances from adjacent properties. Staff recommends that the Appeals Commission deny the request as it exceeds all previously granted requests. If the Appeals Commission should recommend approval of the request to the City Council, staff recommends the following stipulations: 1. The petitioner shall not establish a second living area in the lower level of the dwelling unit. 2.06 2. The accessory structure shall not be used to conduct a home occupation as prohibited by Section 205.03.34. 3. The petitioner shall provide a hardsurface driveway by October 1, 1996. 4. The first garage shall not be converted to living space without application and approval of all required permits. 5. The necessary permits shall be obtained prior to construction of the proposed addition ADJACENT SITES WEST: Zoning: C-3, General Shopping Cerner Land Use: Retail SOUTH: Zoning: R-1, Single Family Land Use: Residential EAST: Zoning: R-1, Single Family Land Use: Residential NORTH: Zoning: C-1, Local Business Land Use: Office Comprehensive Planning Issues: Public Hearing Comments: 4 2.07. Community Development Department PLANNING DIVISION City of Fridley TO: William W. Burns, City Manager,4K FROM: Barbara Dacy, Community Development Director Scott 11iickok, Planning Coordinator DATE: October 19, 1995 SUBJECT: Reconsideration of VAR #95-23 ISSUE: Mr. James Kiewel, 1631 Rice Creek Road originally requested consideration of a variance to increase the maximum size of the first accessory structure from 1,000 square feet to 2064 square feet, and to allow an accessory structure to exceed the first floor area of his dwelling unit in order to construct a 24'X 38' addition to an existing garage. Mr. Kiewel's property is located at 1631 Rice Creek Road N.E. The City Council concurred with the Appeals Commission recommendation to deny the request. Subsequent to the action, Mr. Kiewel approached members of the City Council and asked if they would reconsider their action, if he were to reduce the size of the addition being requested, and "block -in" the lower level of his garage so that it would serve as interior dwelling space, as opposed to an accessory structure. Procedurally, the City Council must first pass a motion to reconsider VAR #95-23. If the City Council elects to do so, Mr. Kiewel proposes the following changes: -- Keep the 576 sq. ft. upper level garage as a garage -- Block -in the lower level of the existing garage (to be utilized as interior dwelling space). This modification would eliminate 576 sq. ft. of accessory structure. -- Reduce the original request for a rear yard attached garage from 24 X 38 to 24 X 34. As modified, Mr, Kiewel's request represents a reduction in the size of the accessory structure from 2064 sq. ft to 1392 sq. ft. HISTORY: The City Council asked for a historic reference of similar requests and previous variance approvals: Kiewel Reconsideration October 19, 1995 PAGE 2 1988 - 550 57th Avenue N.E. City Council approved a 1,248 sq. ft. garage. 1991 - 405 57th Place N.E. City Council approved a variance for a 1270 sq. ft. garage. 1991 - 1420 Rice Creek Road N.E. City Council approved a variance to allow construction of a second detached garage raising the total accessory building sq. ft. dimension from 1356 sq. ft. to 1932 sq. ft. The revised Kiewel garage still exceeds what the City has approved historically for attached accessory structures. Ifthe new Kiewal garage were to be reduced to 24' X 30', the resulting accessory structure total would be 1296 sq. ft., or only 26 sq. ft. above previously granted variances for attached accessory structures. RECONRVMNDATION: If approved, staff recommends one stipulation: A hard -surface drive of asphalt or concrete (to the rear yard garage) shall be installed within one year of City Council approval. SH/je M-95-546//kiewelj.wpd 1.02 FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY. MN 55432 • (612) 571-3450 • FAX (612) 571-1287 CITY COUNCIL ACTION TAKEN NOTICE October 13, 1995 James Kiewel 1631 Rice Creek Road N.E. Fridley, MN 55432 Dear Mr. Kiewel: On October 2, 1995, the Fridley City Council officially denied your request for a variance, VAR #95-23, to increase the maximum size of a first accessory structure from 1,000 square feet to 1,872 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 24' x 38,' addition to an existing garage, generally located at 1631 Rice Creek Road N.E. If you have any questions regarding the above action, please call me at 572-3590. Sincerely, Barbara Dacy, AICP Community Development Director BD/dw FRIDLEY CITY COUNCIL MEETING OF OCTOBER 2, 1995 _ PAGE 9 received ten years, and he cannot accept this five year minimum. He stated that he would also like to construct a wooden structure and did not want to include a masonry front. He stated that the owner of the building to the north has a metal clad building and he did not understand why a masonry front is necessary for his building. Mr. Peterson stated that he has made an offer to purchgAe the property directly to the south and wished to expand in th future. At that time he would remove the residential dwelling. Councilwoman Bolkcom asked Mr. Peterson if there was possibility that the house could be razed in five years. Mr. Peterson stated that is a possibility, bu he would prefer a ten-year window. Councilman Billings asked Mr. Pe/bremoved f he could live with changing the five years to ten yeaer, if the property is sold, the residential dwelling woulat that time. Mr. Peterson stated that the chang, years would be accep- table to him or the residence woul� be removed if the property was sold. ,�" Councilman Billings asked the ifference between this building and the one that is metal. Ms. Dacy, Community Devel oment Director, stated that this stipula- tion is typical on all r quests for additions. She stated that the existing building is bliock construction, and the City attempts to keep additions of th same materials as the existing buildings. MOTION by Councl �ioman Bolkcom to grant Variance Request, VAR #95-21, to reduc the rear yard setback from 25 feet to 7.5 feet to allow constguction of an addition onto an existing industrial building, with the following stipulations: (1) no outdoor storage or access_ buildings shall be placed in the rear yard behind the existing o proposed structure; (2) the west building facade shall be desi ed to include masonry building elements consistent with the ex' ting industrial structure; and (3) the residential use of the rcel at 7763 Elm Street shall cease and the residential st cture shall be razed within ten years of approval of this v iance request, or upon any sale of the property, whichever comes irst. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 14. VARIANCE REQUEST, VAR #95-23, BY JAMES KIEWEL, TO INCREASE THE MAXIMUM SIZE OF A FIRST ACCESSORY STRUCTURE FROM 1,000 SQUARE FEET TO 1,872 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 24 FOOT BY 30 FOOT ADDITION TO AN EXISTING GARAGE, GENERALLY LOCATED AT 1631 RICE CREEK ROAD (WARD 2): Mr. Hickok, Planning Coordinator, stated that this is a request for a variance to allow a first accessory structure to exceed both 1,000 square feet and the first floor living area of the dwelling FRIDLEY CITY COUNCIL MEETING OF OCTOBER 2, 1995 PAGE 10 unit which is 1,352 square feet. He stated that the petitioner has a two story garage and proposes to construct a 24 foot by 38 foot addition to the lower level of the garage. Mr. Hickok stated that the Appeals Commission discussed alterna- tives and concurred with staff's recommendation for denial of this variance request. He stated the code requires that a first acces- sory building shall not exceed one hundred percent of the first floor of the dwelling unit or a maximum of 1,000 square feet. He stated that the accessory structure portion of the code also requires that the sum of all accessory buildings not exceed 1,400 square feet. He stated that the purpose is to limit the size of accessory structures to keep the character of the neighborhood and to curtail home occupations. Councilman Schneider stated that at the Appeals Commission meeting, Mr. Kiewel discussed options and a possibility to convert some of the square footage to living space. Mr. Kiewel, the petitioner, stated that he really needs the space for storage. He stated that there is sufficient area to expand on his lot and probably only one neighbor will be able to see this garage. He stated that his neighbors had no problem with the construction of this building. He stated that he failed to see any reason for denial of the variance based on the fact that his neighbors approve of this variance. Councilman Schneider asked what hardship was stated for this variance requests. Mr. Hickok stated that the petitioner believed the hardship was the number of items to be stored. Councilman Schneider stated that, in effect, the hardship is self- imposed. He stated that every action Council takes sets a prece- dent and, even though Mr. Kiewel's neighbors do not object, this variance, if approved, would set a precedent. Councilwoman Bolkcom stated that if Mr. Kiewel was to convert his existing garage into living space, there would not be a problem. Mr. Kiewel stated that he is trying to point out what is logical. There is no objection from his neighbors, and perhaps a precedent should be set. Mayor Nee stated that this creates a question of whether or not Council is being arbitrary in ways that do not make sense. He stated that Mr. Kiewel has a lot of space, and the City encourages persons to store their items. Yet this limit mitigates against it. Councilman Schneider asked Mr. Kiewel if he would considered reducing the size of this addition. Mr. Kiewel stated that it would be impractical, as he needs the space. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 2, 1995 PAGE 11 Councilwoman Jorgenson stated that Mr. Kiewel has good intentions, but there is a potential that in the future, if the home is sold, someone may wish to convert it to a home occupation. MOTION by Councilman Schneider to concur with the unanimous recommendation of the Appeals Commission and deny Variance Request, VAR #95-23. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15. Mr. Hickok, Planning Coordinator, stated reduce the front yard setback to allow He stated that this is a "double fronted" alternative. He stated that one change garage was moved five feet, it would allow and open space. MOTION by Councilman Billings recommendation of the Appeals Request, VAR #95-26, with the petitioner shall install a hard concrete by October 1, 1996. Upon a voice vote, Councilman Councilman Schneider, and Counc' the motion. Mayor Nee abstained motion carried by a four to oXe 16. that this s a request to construc on of a garage. prope y and is the best discu ed was that if the ad tional garage stalls to co cur with the unanimous Commi sion and grant Variance follo ing stipulation: (1) the su aced driveway of asphalt or Sec nded by Councilwoman Bolkcom. %illings, Councilwoman Bolkcom, woman Jorgenson voted in favor of from voting on the motion and the vote. Mr. Hickok, Planni g Coordinator, stated that this is a request for a special use peit to allow construction of a second accessory structure at 62971 -Central Avenue N.E. He stated that the peti- tioner is propcxs°ing to construct an 8 foot by 24 foot addition and construction a two car garage with a master bedroom above. Mr. Hickok,,stated that staff recommended approval of this special use permi with three stipulations, and the Planning Commission MOTIOby Councilman Schneider to concur with the recommendation of th Planning Commission and grant Special Use Permit, SP #95-09, Ynt the following stipulations: (1) the petitioner shall conct a hard surfaced drive of asphalt or concrete within twelve hs of this approval of SP #95-09; (2) all grading, drainage the locations shall be designed in a manner that will prevent detrimental runoff impacts to adjacent property; and •(3) all necessary permits shall be obtained from the City prior to construction. Seconded by Councilwoman Jorgenson. Upon a voice FRIDLEY CITY COUNCIL MEETING OF OCTOBER 2, 1995 PAGE 12 vote, all voting aye, Mayor Nee declared the motion carried unanimously. 17. RECEIVE BIDS AND AWARD CONTRACT FOR CENTRAL AVENUE BIKEW Y WALKWAY PROJECT NO. ST. 1994-9: Mr. Flora, Public Works Director, stated that bids were op ed for the Central Avenue bikeway/walkway project, and three Plids were received. He stated that the low bidder was Hardrives, nc. in the amount of $349,352.90. He stated that the City's es imated cost of the project was $280,000.00. Mr. Flora said that the State of Minnesota is r iring the City to build a pedestrian bridge to State Highway st dards. He stated he felt that by revising the present design, a bridge can be a simpler design. He recommended that the bids a rejected, and this project be re -bid in early 1996. MOTION by Councilman Schneider to receiv the following bids for the Central Avenue Bikeway/Walkway ptoject No. ST. 1994-9: Hardrives, Inc. in the amount of $349,352.90; Forest Lake Contracting, Inc., in the amount of $ 1,734.50; and H & M Asphalt Company in the amount of $399,791. 5. Seconded by Councilman Billings. Upon a voice vote, all oting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider o reject the bids and authorize staff to redesign this project nd re -bid in early 1996. Seconded by Councilwoman Jorgenson. pon a voice vote, all voting aye, Mayor Nee declared the motio carried unanimously. 18. Mr. Burns, City Manager, stated that there are several items to be discussed in the conference session. He stated that these are: (1) the Southwest Qua'ant condominium issue; (2) the budget issue regarding personnel;3) a Stonybrook Creek update from staff mediation meeting w' h the representatives of Spring Lake Park; and (4) evening hours n Tuesdays from 5:00 p.m. to 7:00 p.m. for City operations. ADJOURNMENT: MOTION by Cou cilman Billings to adjourn the meeting. Seconded by councilwoma Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declare the motion carried unanimously and the Regular Meeting of the Fifjdley City Council of October 2, 1995 adjourned at 9:08 p.m. Respec ully submitted, Carole Haddad William J. Nee Secretary to the City Council Mayor CITY OF FRIDLEY APPEALS COMMISSION MEETING, SEPTEMBER 12, 1995 ROLL CALL: Chairperson Savage called the September 12, 995, Appeals Commission meeting to order at 8:00 p.m. ROLL CALL: Members Present: Diane Savage, Lar Kuechle, Ken Vos, Carol Beaulieu Members Absent: Cathy Smith Others Present: Scott H' kok, Planning Coordinator Miche a McPherson, Planning Assistant J s Kiewel, 1631 Rice Creek Road P ul Litwinczuk, 6291 Central Avenue N.E. Steve Klein, ACCAP, 9303 Jefferson Street N.E., S , Blaine, Minnesota Ken Anderson, 132 River Edge Way APPROVAL OF X ST 15, 1995, APPEALS COMMISSION MINUTES: MOTION y Mr. Kuechle, seconded by Ms. Beaulieu, to approve the Augu 15, 1995, Appeals Commission minutes as written. 7N A VOICE VOTE, ALL VOTING AYE, CH�,IRPERSON"-SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING: CONSIDERATION OF VARIANCE REQUEST, VAR #95- 23, BY JAMES KIEWEL: Pursuant to Section 205.07.0l.B.(4).(a) of�the Fridley City Code to increase the maximum size of a first accessory structure from 1,000 square feet to 2,064 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 24 foot x 38 foot addition to an existing garage on that part of Lot 6, Auditor's Subdivision No. 22, described as follows: the east 1.45 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., Fridley, Minnesota 55432. MOTION by Ms. Beaulieu, seconded by Dr. Vos, to waive the reading of the public hearing notice and to open the public hearing. 14.09 a APPEALS COMMISSION MEETING, SEPTEMBER 12, 1995 PAGE 2 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 8:03 P.M. Ms. McPherson stated the subject property is located at 1631 Rice Creek Road, which is the last property on the north side of Rice Creek Road adjacent to the City of Fridley -City of New Brighton border. The petitioner is requesting a variance to allow a first accessory structure to exceed 100% of the first floor area of the dwelling unit and 1,000 square feet. Located on the subject parcel is a single story rambler with a walkout basement. The dwelling has an attached two -car garage. The original house was constructed in 1953. In 1961, the garage was added. The petitioner acquired the property in 1994. Ms. McPherson stated the request is to construct a 24 foot x 38 foot addition to the lower level of the existing garage. Staff calculated the total accessary square footage as the first level of the garage accessed by Rice Creek Road at 24 feet x 24 feet or 576 square feet. Staff also made an assumption, as we could not investigate the interior of the lower level, that this lower level was the same size and also. used as accessory space. The petitioner's proposed addition of 24 feet x 38 feet is 912 square feet for a total of 2,064 square feet of accessory space. The petitioner did call staff earlier this week and he will present his calculations of the total square footage of the accessory structure. The petitioner's request, as staff has made the assumption, does exceed the 1,000 square foot maximum for first accessory structures and also exceeds the first floor of living space and exceeds the 1400 square feet': -of total -accessory structure square footage as allowed by code. Ms. McPherson stated the petitioner's property does --measure approximately 1/2 acre in area. The proposed addition would be minimally visible from the public right-of-way as it is on the lower level behind the existing structures. It also does not require any setback variances from the property lines. Ms. McPherson stated staff recommends denial of the request as it does exceed all previously granted requests. If the Appeals Commission chooses the approve the request, staff recommends the following stipulations: 1. The petitioner shall not establish a second living area in the lower level of the dwelling unit. 2. The accessory structure shall not be used to conduct a home occupation as prohibited by Section.205.03.34. 14.10 APPEALS COMMISSION MEETING, SEPTEMBER 12, 1995 PAGE 3 3. The petitioner shall provide a hardsurface driveway by October 1, 1996. 4. The first garage shall not be converted to living space without application or approval of all required permits. 5. The necessary permits shall be obtained prior to construction of the proposed addition. Mr. Kuechle stated the sum of all the accessory structures is 1400 square feet. How many square feet does the petitioner now have? Ms. McPherson stated, based on staff's assumption, the petitioner currently has 1152 square feet counting both the upper and lower garages. Dr. Vos asked what the staff report mentioned as the previously granted maximum number of square feet. Ms. McPherson stated the City has previously granted a like request for 1300 square feet for a first accessory structure. Mr. Kuechle stated this request is then 764 square feet more than the maximum previously granted. Ms. Savage asked, in that instance where this maximum was granted, what was the hardship. Ms. McPherson stated she did not knok�„ Mr. Kiewel stated staff has miscalculated on the lower level. He stated he does have a 23 foot x 23 foot area. However, the lower level space has a single -car garage and the other part is a utility and laundry area which is separated by a block wall which supports the garage on the top. He thought this was originally used as a garage. He does not intend to do that. There is 23 feet x 23 feet of usable area on the main level which is about 576 square,feet. He wants to expand the lower level area to 24 feet x 38 feet. If the space is calculated by using the exterior dimensions, the square footage is 1488. Using the interior dimensions, the usable space is 1,380 square feet which put him under the required 1400 square feet. Mr. Kiewel stated the reason he wishes to do this is that the house is a 1950's house and unfortunately has small rooms. He wants to have a nice living area in which to relax. This plan seems ideal because he has an access road on the side and he can put a living area in the upper garage. He would block in the main doors. The proposed addition would come straight out from the jog created 14.11 APPEALS COMMISSION MEETING, SEPTEMBER 12, 1995 PAGE 4 where the house and garage meet and will measure approximately 26 feet. The roof would be flat with very little pitch. He could then put patio doors in the upper level and come out onto a deck. In the future, the lower area would be the only garage space he would have. The total usable area would be 1380 square feet. Dr. Vos stated the intent of the variance process is that there is a hardship. What is the hardship? Mr. Kiewel stated he has a boat, snowmobile, and motorcycle and he needs the storage space. Most new homes have a three -car garage and this.is what he would eventually end up with. Dr. Vos asked if it was correct that the petitioner's hardship was an economic hardship due the need to store vehicles. Mr. Kiewel stated this is what he wants to do. He had originally asked for a smaller space but enlarged the area to accommodate storage needs. It does not make sense to ask for less. Ms. Savage asked what the problem was with the living quarters in the house. The petitioner is speaking about moving into the garage. Mr. Kiewel stated that is an ideal space. He would remove the driveway in the front and move the storage area to the rear lower level. Ms. Beaulieu asked, if. the petitionee wants to -convert the present garage to living quarters, can he do that. Ms. McPherson stated yes. The petitioner could convert the garage to living space with the appropriate inspections. Ms. Beaulieu stated, if the petitioner would convert the space to living area and then add the lower level garage, he would then not need a variance. b Ms. McPherson stated this was correct. At the time of application, the petitioner was not sure whether or not he was going to do that. It could be 5 or 10 years before he does so. In the meantime, we have a first accessory structure that exceeds that which -is allowed by code without virtue of a variance. Ms. Beaulieu stated it seemed to her that the petitioner is doing this backward. If the petitioner were to make the garage area into living space first, he would not: then need a variance. The Commission needs to find a hardship in order to approve the request. 14.12 APPEALS COMMISSION MEETING, SEPTEMBER 12, 1995 PAGE 5 Mr. Kiewel stated he has the vehicles and recreational vehicles to fill the area. Ms. Savage stated, under State statutes, the Commission cannot grant a variance unless there is an undue hardship. Other people in the City feel they also need space to store vehicles. She did not know that this could be considered as an undue hardship. It is not unique to the property. Mr. Kiewel stated he failed to see any problem because there are no objections from the neighbors, but the practicality is that it is something that he needs to do because he has the equipment to put in it. Ms. Beaulieu stated she is hearing two things. One is that he wants to live in the space and the other is that he needs storage. Mr. Kiewel stated this allows him the option to move into the upper garage space in the event that at some time he would like to do so. He does need the space. The reason he increased his original request is that, in the future, he anticipates that in the event he loses space in the current garage he would have enough space to move into the back. He would then have the 1400 square feet allowed by code and saves him the trouble and expense of building twice. It also offers flexibility. He wants to do this right and look into the future to anticipate what you will do. It is important that he do it now. It would cost less to build an extra 8 feet in the initial stages of construction rather than adding it. later. f--- - __ Dr. Vos asked what the smallest structure the petitioner could building and not need a variance. Ms. McPherson stated that would be 200 square feet. Mr. Kiewel stated this plan would work out perfectly. He would have 1380 square feet of usable space which is less than required by code. MOTION by Dr. Vos, seconded by Mr. Kuechle, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:17 P.M. Mr. Kuechle stated he would recommend denial of the request. The petitioner needs to get in order what he wants to do. If he is going to convert the garage to living space, then that is what he 14.13 APPEALS COMMISSION MEETING, SEPTEMBER 12, 1995 PAGE 6 should do. If he does that, he does not need a variance. The garage space would be within the code requirements. If he does not want to convert the upstairs garage, he would recommend denial because it is too many square feet over the requirement. It would be essentially be a five -stall garage. He did not see a hardship in accumulating enough things in order to fill the space. Ms. Savage agreed. She did not see that there is a hardship under the requirements of the statutes. There is not an undue hardship. If the Appeals Commission were to grant this variance, we would have to grant future variances for those who needed more space. Though the Commission may be sympathetic toward the petitioner, she did not think the law allows them to grant a variance without showing undue hardship or unique circumstances. Dr. Vos concurred. One feature of a hardship is that there are no other options. In this case, there are other options. The petitioner could convert the garage to living space and then convert the garage. Ms. Beaulieu concurred. The dwelling has 1,352 square feet of living area, and the petitioner is asking for over 2,000 square feet of accessory structure. She was sure the City had never granted a variance close to that. MOTION by Mr. Kuechle, seconded by Dr. Vos, to recommend denial of Variance Request, WAR 95-23, by James Kiewel, to increase the maximum size of a first accessory structure from 1,000 square feet to 2,064 square feet, and to allow an`',accessary-structure to exceed the first floor area of a dwelling unit in order to allow construction of a 24 foot x 38 foot 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., Fridley, Minnesota 55432. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. McPherson stated this request would be reviewed by the City Council on October 2nd. 2. PUBLIC HEARING: CONSIDERATION OF A V_ARiANCE REQUEST, VAR #95- 24, BY KENNETH ANDERSON: Pursuant to Section 205.07.0 to reduce the required feet to allow the con uct .(3) of the Fridley City Code yard setback from 25 feet to 21 on of a porch and garage on Lot '14.14 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, September 12, at 8:00 p.m. for the purpose of: Consideration of variance request, VAR #95- 23, by James Kiewel, pursuant to Section 205.07.01.B.(4).(a) of the Fridley City Code to increase the maximum size of a first accessory structure from 1,000 square feet to 2,064 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 24' x 38' 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., Fridley, MN 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, 572-3592. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than September 5, 1995. a VAR #95-23 tAII,ING LIST tAILED: 8/11/95 James Kiewel City Council (6) Diane Savage 1631 Rice Creek Road 567 Rice Creek Terrace N.E. Fridley, MN 55432 Fridley, MN 55432 City of New Brighton James Manthis Timothy J. Vescio 803 - 5th Avenue NW D. J. Rhode 1619 Rice Creek Road New Brighton, MN 55112 1613 Rice Creek Rd. Fridley, MN 55432 Fridley, MN 55432 Willa M. Gonsior Andrew & Sally Wargo David M. Skoe 1601 Rice Creek Road 1621 Rice Creek Road N.E. 1627 Rice Creek Road N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Nancy Boynton McGlore A. & Patricia M. Orth Leslie & Janet Johnson 1641 Camelot Lane N.E. 1651 Camelot Lane 1661 Camelot Lane Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 William A. & D. M. Zbikowski Ronald & Jennifer Prasek Alan & Jerri Clair y� 1671 Camelot Lane 1681 Camelot Lane N.E. 1691 Camelot Lane N.E. e\ Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Michael R. & Elaine J. Melton Kevin & Kristine Grahek Donovan & Janice Olson 1690 Camelot Lane N.E. 1680 Camelot LAne N.E. 1670 Camelot Lane N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Eldon G. Kaul Thomas & Natalie Turgeon John & Judith Martinson 1660 Camelot Lane N.E. 1650 Camelot Lane N.E. 1640 Camelot LAne N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Lamoine D. & L. Follingstad Levi Phillips Donald J. & Donna M. Johanns 1626 Rice Creek Road N.E. 1632 Rice Creek Road N.E. 1620 Rice Creek Road N.E. fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Marvin J. Schmidtz John G., Jr. & D. F. Govoent Gary B. & Susan L. Smith 1616 Rice Creek Road 1610 Rice Creek Road N.E. 1619 Woodside Ct. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Michael & Cynthia Morrissey '.oger D. Larson ial H. Rossi 1629 Woodside Ct. Jeorgia Watts A- L. Melodee Fridley, MN 55432 1630 Rice Creek Rd. N.E. 6250 Stinson Bd. N.E. Fridley, MN 55432 Fridley, MN 55432 Edward W. & I H. Chinchoy Richard I & Linda M. Hamann Keith & Diane Harstad 6240 Stinson Bd. 6230 Stinson Blvd. N.E. 2200 Silver Lake Rd. Fridley, MN 55432 Fridley, MN 55432 New Brighotn, MN 55112 CITY OF FRIDLEY 6431 UNIVERSITY AVENUE N.E. FRIDLEY, MN 55432 (612)571-3450 COMMUNITY DEVELOPMENT DEPARTMENT VARIANCE APPLICATION FORM PROPERTY INFORMATION - site plan required for submittal; see attached Address: Z L 2 / /c e Cre et -K- Property Identification Number (PIN) og3 j 0 2 y �1 ® 6 tC g Legal description: ' � k x l F 7` F'4 ® mat -r 9,9a Lot Block Tract/Addition Current zoning: Square footagetacreage-t ! 6,r Reason for variance and hardship: Section of City Code: 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 FEE OWNER INFORMATION (as it appears on the property title) (ContractPurchasers: Fee Owners must sign this form prior to processing) NAME ADDRESS DAYTIME PHONE SIGNATURE DATE PETITIONER INFORMATION NAME e. t.✓ ADDRESS C . c, r DAYTIME PHONE X SIGNATURE Xj DATE 3 7j Fee: $100.00 $ 60.00 for residential properties Permit VAR # Receipt # Application received by: Scheduled Appeals Commiss Mnte:. 9 Scheduled City Council date: CITY OF FRIDLEY PLAN REVIPN CHECKLIST Applicants for vacations must submit the legal description of the B. Site Plan: parcel (easement, street, etc.)zto be vacated. 1. Property line dimensions, location of all existing and Complete site p plans, signed by a registered architect, civil engineer, landscape proposed structures with distance from boundaries, distance between structures, building dimensions and architect, or other design professional, to include the following: floor elevations A. Generals 2. Grading and drainage plan showing existing natural features (topography, wetlands, vegetation, etc.) as well 1. Name and address of project as proposed grade elevations and sedimentation and storm water retention ponds. Calculations for storm water 2. Legal description (certificate of survey may be required) detention/retention areas. 3. Name, address, and telephone number of applicant pp ' 3. All existing and proposed points of egress/ingress showing widths of property lines, turning radii abutting engineer, and owner of record rights-of-way with indicated center line, paving width, 4. Date proposed, north arrow, scale, number of sheets, name existing and proposed median cuts, and intersections of streets and driveways of drawer S. Description of intended use of site, buildings, and 4. Vehicular circulation system showing location anddimensions for all driveways, parking spaces, parking lot structures including type of occupancy and estimated occupancy load aisles, service roads, loading* areas, fire lanes, emergency access (if necessary), public and private 6. Existing zoning and land use streets, alleys, sidewalks, bike paths, direction of traffic flow, and traffic -control devices 7. • Tabulation box indicating: 5. Landscaping Plan (i) Size of parcel in sq. ft. 6. Location, access, and screening detail of trash (ii) Gross floor area of buildings enclosures (iii) Percent.of site covered by building 7. Location and screening detail of rooftop equipment (iv) Percent of site covered by impervious surface a. Building elevations from all directions (v) Percent of site covered by green area 9. Utility plan identifying size and direction of existing water and sewer lines, fire hydrants, distance of (vi) Projected number of employees hydrant to proposed building (vii) Number of seats if intended use is a restaurant or place of assembly (viii) Number of parking spaces required (ix) Number of parking spaces provided including handicapped (x) Height of all buildings and structures and number of stories M VAR #95-23 James Kiewel k - v Ao Fr,l k) -f-- 2.09 SITE PLAN ]5511 t:) 1560 Ittl ]5�i 1101 - 158!1 (il ]591 - - I r VAR #95-23 James Kiewel - i Harris Pond 1621 1691 1641 1651 (31) 1671 (3) c (to) (17) (14) (10) (301. (31) (26 ) (34) Camelot Lane R •— c..a i (5) () (°) I) (+°) (D) 37 () (43) tom) tom)) 36 y Flo - i t b4 1 � (- 44 ) I .a K) (1 d ) tS31 Ice (43l Creek Road - i I f i - 2.08 - LOCATION MAP ®.da VAR 495- 3 --rl w 7b -A �i; � w /Pdrh•r OePf) (8Q1 ' s• �, ti y t, HAR S POND n A VIP s T s/t •�l 1: Awl LANE IPS Ar UY Ar A74 PW 4-4 ' S° �� ' �'� °Q /�'� m� � � �� t lv i h ,1{ h � �� r�?e � sib � ZG) � _... � �•• . d IN.D' I I!t t� � �j: s.00 _ E. •:-Ya _ �r x �. � • � a '� I a ��t I �//d� y 4 � �� >r ►� �. �. ,. tt zit_ J ��.. �~ - a F' s„r•:� �i ,rtt f1 �ewri�e} a l/7} Ir' Ob , L U F r k 60 L • . . r y .�7'`� }.iv} � L Ir7/� J4J� ,'y ;� �R�I��T .• � .,y4 �.•..�� p "�� ,{(,//jj try ,� �• ��V � � .k'r M11N � ��. A S• F � SwF � - dl 4 -� $ , .� ` UPPER GARAGE 576 SQ. FT. - Proposed Garage 912 sq. ft.-� 1,009 VAR #95-23 James Kiewel LOWER GARAGE 288 SQ. FT. ELEVATION CITY OF FRIDLEY CFfYOF' FRIDLEY; COMMISSION APPLICATION REVIEW File Number File Date Meeting Date VAR #95-93 8/9/95 I r File Description: Petitioner: James Kiewel 1631 Rice Creek Road Fridley, MN 55432 Complete Review Checklist; Return to The Community Development Department *** Comments *** Barbara Dacy Scott Hickok Michele McPherson John Flora John Palacio Clyde Moravetz Leon Madsen Dave Sallman Dick Larson �• �=`��1