VAR 03-17CCIY OF
FRIDLEY
FRIDLEY MUNICIPAL CENTER - 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 - (763) 571-3450 - FAX (763) 571-1287
CITY COUNCIL
ACTION TAKEN NOTICE
August 14, 2003
David A. Phillips
Phillips Architects & Contractors, Ltd. �4 40wfc(
1250 East Moore Lake Drive NE
Fridley, MN 55432
Dear Mr. Phillips:
On August 11, 2003, the Fridley City Council officially approved yo6r request for variance, VAR
#03-17, to increase the maximum size of a first accessory structure from 1,000 square feet to
1,390 square feet to allow the construction of a 22 foot by 37 f8ot addition to the existing
garage, on the East 145 feet of the South 190 feet of Lot 6, Auditor's Subdivision No. 22,
except road, subject to easement of record, generally located at 1631 Rice Creek Road NE,
with the following stipulations:
1. The petitioner shall obtain all necessary permits prior to construction.
2. The petitioner shall provide a hard surface driveway to the garage addition within 12
months of issuance of a building permit.
v 3. The accessory structure shall not be used to conduct a home occupation.
4. The home must be opened to a Building Inspector prior to start of construction to
determine if the property is a legitimate single family home.
5. All sheds on property must be removed prior to building permit being "finaled".
6. Detailed plans for the new dwelling area must be submitted with building plans for the
garage.
7. The new basement, as labeled on the site plan, must be separated from the garage in
accordance with building code requirements and may not be converted to additional
garage area.
8. A silt fence is required along the east, west, and north property lines to prevent erosion
onto adjacent properties. Hay bales in swale areas are also required as deemed
necessary by City staff.
9. Due to steep grades and the amount of additional impervious surface, the water run-off
velocity must be slowed down through the use of sod, seed, a small ponding area (rain
garden), or other landscaping. Final design to be approved by City staff prior to issuance
of a building permit. Remedy must be installed prior to building permit being `finaled".
10. The new addition must be architecturally compatible with the existing home and garage.
Building elevations must be submitted and approved by City staff prior to the issuance of
a building permit.
You have one year from the date of the City Council action to initiate construction. If you
cannot begin construction during this time, you must submit a letter requesting an extension at
least three weeks prior to the expiration date.
z
t�r p ,
M _Z;
FRIDLEY CITY COUNCIL MEETING OF AUGUST 8, 2005 PAGE 2
3. Variance Extension Request, VAR #03-17, by Jim Kiewel for an Extension
of One Year to Increase the Maximum Size of a First Accessory Structure
from 1,000 Square Feet to 1,390 Square Feet, and to Allow the Construction
of a 22 Foot by 37 Foot Addition to the Existing Garage, Generally- Located
at 1631 Rice Creek Road NE (Ward 2).
Dr. Burns, City Manager, said this is the second one-year extension requested by Mr.
Kiewel for a variance that will permit him to increase the size of his first accessory
structure from the allowed 1,000 square feet to 1,390 square feet. Staff recommends
Council's approval.
E: -
4. laims (122624 —122807).
APPROVED
5. Lie ses.
APPROVED A SUBMITTED AND AS ON FILE.
6. Estima
APPROVED.
Councilmember Bolkcom asked how many extensions can be granted for a variance.
Mr. Hickok, CommuniN Development Director, stated he does not believe it can go
beyond a second on -year extension without being revisited by the Appeals
Commission.
MOTION by Councilmembe Barnette, seconded by Councilmember Wolfe, to approve
the proposed consent agend .
UPON A VOICE VOTE, ALL VTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
ADOPTION OF AGENDA:
MOTION by Councilmember Bolkco seconded by Councilmember Wolfe, to approve
the agenda as presented.
UPON A VOICE VOTE, ALL VOTING A , MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
CITY COUNCIL MEETING
CITY OF FRIDLEY
AUGUST 8, 2005
The City Council meeting for the City of Fridley was called o order by Mayor Lund at
7:30 p.m.
PLEDGE OF ALLEGIANCE:
Mayor Lund led the Council and audience in the PI ge of Allegiance to the flag.
ROLL CALL:
MEMBERS PRESENT: Mayor Lund
Councilmembe -at-Large Barnette
Councilmemb r Billings
Councilme er Wolfe
Councilme ber Bolkcom
OTHERS PRESENT: William urns, City Manager
Fritz K aak, City Attorney
Scott Hickok, Community Development Director
Pa Bolin, Assistant HRA Director
AL OF
City Coun
APPROVED/
meeting of July 25, 2005
1. Receivj the Minutes from the Planning Commission Meeting of July 6,
2005./
2. Receive the Minutes from the Planning Commission Meeting of July 20,
2005.
REC15IVED.
CITY OF FRIDLEY
CITY COUNCIL MEETING
JUNE 28, 2004
The regular meeting of the Fridley City
7:30 p.m.
PLEDGE OF ALLEGIANCE:
ncil was called to order by Mayor Lund at
Mayor Lund led the CouiCouncilmember
ience in the Pledge of Allegiance to the Flag.
ROLL CALL:
MEMBERS PRESENT:nd
ember -at -Large Barnette
ember Billings
ember Wolfe
Bolkcom
OTHERS PRESENT: William Burns, City Manager
Scott Hickok, Director of Community Development
Jon Haukaas, Public Works Director
Fritz Knaak, City Attorney
Rebecca Brazys, Recording Secretary
)SED CONSEN
APPROVye,
F MINUTES:
Citncil meeting of June 14, 2004.
AP ED
NEW BUSINESS:
1. Variance Extension Request, VAR #03-17, by Jim Kiewel, for an Extension
of One Year to Increase the Maximum Size of a First Accessory Structure
from 1,000 Square Feet to 1,390 Square Feet, and to Allow the Construction
of a 22 Foot by 37 Foot Addition to the Existing Garage, Generally Located
at 1631 Rice Creek Road N.E. (WARD 2).
Dr. Burns, City Manager, said that Jim Kiewel was granted a variance on August 14,
2003, to increase the maximum size of a first accessory structure from 1,000 square
feet to 1,390 square feet to allow the construction of a 22 x 37 foot addition to his
existing garage. As with all variances granted, the petitioner had one year from the date
FRIDLEY CITY COUNCIL MEETING, JUNE 28, 2004 Page 2 of 5
of approval to initiate construction. On June 14, 2004, staff received a letter from Mr.
Kiewel requesting a one-year extension, as he has had a number of projects come up
this year that left him with insufficient time to complete his garage addition. Staff
recommends Council's approval of the one-year extension.
APPROVED VARIANCE EXTENSION REQUEST, VAR #03-17.
2. Apprdkye Change Order No. 1 to 2004 Street Improvement Project No. ST.
2004-1.
Dr. Burns, City\ct
ager, explained this change order is a deduct of $8,654 that
occurred as a reof a decision to overlay the East University Avenue service drive
rather than recothe street. Part of the deduction was used to construct an
additional catch on Fillmore Street. Staff recommends Council's approval.
APPROVED CHANG� ORDER NO. 1 TO 2004 STREET IMPROVEMENT PROJECT
NO. ST. 2004-1.
3. Appointment — City Employees.
Dr. Burns, City Manager, s 'd staff recommends the appointment of Richard Brandt and
Ryan Lee to the Lead Liquo Store Clerk position. Mr. Brandt and Mr. Lee have served
well as part time liquor store c rks and are deserving of promotions.
APPROVED THE APPOINTMB
LEAD LIQUOR STORE CLERK.
4. Claims.
APPROVED CLAIM NOS. 117045
5. Licenses.
OF RICHARD BRANDT AND RYAN LEE TO
APPROVED THE LICENSES AS SUBM
GH 117209.
MOTION by Councilmember Barnette, secoi
the proposed consent agenda as presented.
AND AS ON FILE.
by Councilmember Billings, to approve
UPON A VOICE VOTE, ALL VOTING AYE, MA%Cou
DECLARED THE MOTION
CARRIED ON A UNANIMOUS VOTE.
ADOPTION OF AGENDA:
MOTION by Councilmember Billings, secondedmember Bolkcom, to adopt
the agenda.
t
j4? ., ,,Tl' k / eLA.)
7-j )PIef j4 e-% t e. F
/401( a 0 -�/ C c j -
p X 7' X
7tc .
-r- x c C- -,* W4 -f -c- I a e7 d /,,&- & &L in A -T w C,
G,/ � z a--(4te ,
(.✓per /a a.e, / r f t� a
AGENDA ITEM
CITY COUNCIL MEETING OF AUGUST 812005
CRY OF
FRIDLEY
Date: August 4, 2005
To: William Burns, City Manager
From: Scott Hickok, Community Development Director
Paul Bolin, Planning Coordinator
Stacy Stromberg, Planner
Subject: Variance Extension Request, VAR #03-17, Jim Kiewel
M-05-80
INTRODUCTION
Jim Kiewel, property owner of 1631 Rice Creek Road was granted a variance on August
14, 2003, to increase the maximum size of a first accessory structure from 1,000 square
feet to 1,390 square feet to allow the construction of a 22 ft. by 37 ft. addition to his
existing garage. As with all variances granted, the petitioner has one year from the date
of approval to initiate construction.
On June 14, 2004, staff received a letter from Mr. Kiewel requesting a 1 -year extension
as he has had a number of projects come up this year that has left him with insufficient
time to complete his garage addition.
On July 25, 2005, staff received another letter from Mr. Kiewel requesting an additional
one-year extension. According to his letter, he is on the verge of submitting his building
plans to the City.
PLANNING STAFF RECOMMENDATION
City Staff recommends approval of the 1 -year extension ensuring that the garage
addition is complete by August 14, 2006.
19
AGENDA ITEM
CITY COUNCIL MEETING OF JUNE 28, 2004
MY of
FRIDLEY
Date: June 24, 2004
To: William Burns, City Manager44?'.?r
From: Scott Hickok, Community Development Director
Paul Bolin, Planning Coordinator
Stacy Stromberg, Planner
Subject: Variance Extension Request, VAR #03-17, Jim Kiewel
M-04-77
INTRODUCTION
Jim Kiewel, property owner of 1631 Rice Creek Road was granted a variance on August
14, 2003, to increase the maximum size of a first accessory structure from 1,000 square
feet to 1,390 square feet to allow the construction of a 22 ft. by 37 ft. addition to his
existing garage. As with all variances granted, the petitioner has one year from the date
of approval to initiate construction.
On June 14, 2004, staff received a letter from Mr. Kiewel requesting a 1 -year extension
as he has had a number of projects come up this year that left him with insufficient time
to complete his garage addition.
PLANNING STAFF RECOMMNEDATION
City Staff recommends approval of the 1 -year extension ensuring that the garage
addition is complete by August 11, 2005.
-4 - —o y
Dl,o-e G 'f&) GG vh h, ct ,,, t y Pe- ve-
Ar, I Ilao-14 y e e, C xO�CH PvL,
c'
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF FRIDLEY
In the Matter of: A Variance, VAR #03-17
Owner:James Kiewel
1 3 - 3o -ail �I-o=p
CITY COUNCIL PROCEEDINGS
VARIANCE
The above entitled matter came before the City Council of the City of Fridley and was heard on the 11' day of
August, 2003, on a petition for a variance pursuant to the City of Fridley's Zoning Ordinance, for the following
described property:
The Council officially approved Variance #03-17, to increase the maximum size of a first accessory
structure to allow the construction of an addition to an existing garage, legally described as the east
145 feet of south 190 feet of Lot 6, Auditors Subdivision No. 22, except road, subject to easement of
record, generally located at 1631 Rice Creek Road NE.
IT IS ORDERED that a variance be granted as upon the following conditions or reasons:
Approval with 10 stipulations. See City Council meeting minutes of August 11, 2003.
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF FRIDLEY
OFFICE OF THE CITY CLERK
I, Debra A. Skogen, 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 su scribed my hand at the City of Fridley, Minnesota, in the
County of Anoka on the day of , 2003.
DRAFTED BY:
City of Fridley
6431 University Avenue N.E.
Fridley, MN 55432
Debra A. Skogen, City Clerk
: (SEAL
r • i a�7 k :.-a
4 * rg. S � �.��`• rr )
Variances are valid for a period of one year following approval and shall be considered void if not used within
that period.
FRIDLEY CITY COUNCIL MEETING MINUTES OF AUGUST 11, 2003 PAGE 11
MOTION made by Councilmember Billings, econded by Councilmember Bolkcom, to amend
the ordinance so that Stipulation No. 3 reads "Petitioner shall identify ponding area and provide
easements for storm water run-off and m agement, if necessary to manage adequate drainage
and stormwater on the property."
UPON A VOICE VOTE, ALL
MOTION CARRIED UNANIMO
MOTION made by Councilmen
Ordinance No. 1181, with the fo
G AYE, MAYOR LUND DECLARED THE
Y.
'Billings, seconded by Councilmember Bolkcom to approve
ing stipulations:
1. Petitioner to dedicate stre t ROW as indicated on Preliminary Plat drawing.
2. Petitioner to obtain all n cessary permits prior to construction.
3. Petitioner shall identin ponding area and provide easements for storm water run-off and
management, if neces , to manage adequate drainage and stormwater on the property."
4. Storm pond mainten ce agreement must be filed prior to issuance of building permits.
5. Petitioner shall obta' any required NPDES Permit and NURP ponding for entire site.
6. City Engineering s to review and approve grading and drainage plan prior to issuance
of building peTe'
.
7. Code required se and recycling enclosures must be installed.
8. Landscape plan to be reviewed and approved by City staff prior to issuance of building
permit.
9. Petitioner to y any required Park Dedication Fees.
10. Provide pro that any existing wells or individual sewage treatment systems located on
the site are roperly capped or removed.
11. Property o er of record at time of building permit application, to pay required park fees
prior to is ance of building permits.
12. Property wner of record at time of building permit application, to pay all water and
sewer c ection fees prior to issuance of a building permit.
UPON A VOCE VOTE, THREE VOTING AYE, TWO VOTING NAY, MAYOR LUND
DECLARED THE MOTION CARRIED.
14. VARIANCE REQUEST, VAR #03-17, BY DAIVD PHILLIPS FOR JAMES
KIEWEL, TO INCREASE THE MAXIMUM SIZE OF A FIRST ACCESSORY
STRUCTURE TO ALLOW THE CONSTRUCTION OF AN ADDITION TO AN
EXISTING GARAGE, GENERALLY LOCATED AT 1631 RICE CREEK ROAD
N.E. (WARD 2).
Mr. Scott Hickok, Community Development Director, said that the petitioner, David Phillips of
Phillips Architects and Contractors, who is representing Jim Kiewel, property owner of 1631
Rice Creek Road, was seeking a variance to increase the maximum size of a first accessory
structure from 1,000 square feet to 1,390 square feet to allow the construction of a 22 foot by 37
foot addition to the existing garage. The hardship, as stated by Mr. Phillips, existed in the nature
of the extreme oversize of the single-family lot and the under -utilization of the property. The lot
was approximately 2.5 times the current requirement for an R-1 lot (22,300 SF vs. 9,000 SF). It
FRIDLEY CITY COUNCIL MEETING MINUTES OF AUGUST 11, 2003 PAGE 12
was almost twice as wide (145 ft. vs. 75 ft.) as required by Code. The house location prevented
subdividing into two lots. The current house was too small for the property and would be
modernized and enlarged to be consistent with the other new homes and the extremely large lot
on which the house was situated. He said this property was granted a variance in 1996 to allow
an increase in the first accessory structure from 1,000 SF to 1,392 SF. The variance was granted
based on the following facts: The petitioner had an unusually large lot and the Code allowed a
total lot coverage of 6,887 SF. The size of the garage approximately equaled the size of the
dwelling and would not be out of proportion with the neighborhood. The lot's unique
topography allowed the structure to be built lower than the street thereby reducing the visual
impact to adjacent properties. The variance expired because the structure was never constructed.
Since that request the petitioner submitted various variance requests which far exceeded the
1,392 square feet. None of those requests were granted. Since the most recent request, Mr.
Kiewel has hired an architect to help redesign the project. The new request was similar to the
1995 request which was approved by the City Council in February 1996. The current request
was to increase the maximum size from 1,000 square feet to 1,390 square feet to allow the
construction of a 37 x 22 foot addition to the garage. The existing garage was 576 square feet
and the proposed garage addition 814 square feet, totaling 1,390 which was 390 above the Code.
He indicated that along with the proposed garage and living space above the garage, there would
be a basement addition. The proposed addition met lot coverage and setback requirements.
Mr. Hickok said that at the Appeals Commission meeting of July 23, 2003, the Commission held
its public hearing and after a brief discussion, recommended approval of this variance with a
change to Stipulation No. 4 to read: "The home must be opened to a City Building Inspector
prior to the start of construction to determine if the property is a legitimate single-family, home
and other stipulations as presented." Commissioner Kuechle also wanted it to be duly; noted to
the City Council that Mr. Kiewel felt very strongly that Stipulation No. 4 should be entirely
deleted from the stipulations.
Staff had no recommendation as this variance was within previously granted dimensions.
Mr. Hickok reviewed the ten stipulations with City Council.
Councilmember Bolkcom asked about Stipulation No. 7, "New basement, as labeled on site plan,
must be separated from garage in accordance with building code requirements and may not be
converted to additional garage area."
Mr. Hickok said in past petitions, the homeowner asked for a garage as large as the space that
was now being labeled as garage and living space. This stipulation was meant to add clarity to
the fact that it needed to be living space or the garage then exceeded the 1,392 square feet that
was being asked for. He said it also needed to be clear that it needed to be distinct space
according to building codes and not just a modified garage wall that can be taken out after the
permit was issued.
Councilmember Bolkcom asked if the garage was considered an accessory building/structure.
Mr. Hickok said an attached or detached garage, no matter how it was arranged, was considered
an accessory structure even though there was living space above the garage.
t
FRIDLEY CITY COUNCIL MEETING MINUTES OF AUGUST 11, 2003 PAGE 13
Councilmember Bolkcom wondered why Stipulation No. 4 was included since there would be
inspections during the construction process.
Mr. Hickok said that this was a stipulation that had remained consistent since 1995. In 1995,
there were realtors calling when the property was on the market asking about the duplex for sale
on Rice Creek Road at the edge of the City. They were talking about this property. When one of
the later variance 'applications were investigated, a family came out of the basement walkout
level of the unit. It appeared that it had the potential to be an upper and lower unit. In a single-
family district, a home cannot be subdivided into a duplex status. In addition, staff did not want
to approve an addition that provided a garage for a lower level unit while the garage for the
upper-level unit existed.
Councilmember Wolfe asked if the living space above the garage was considered accessory.
Mr. Hickok said the living space above the garage was not considered accessory.
Mayor Lund asked if the petitioner could request a R-2 designation.
Mr. Hickok said that one of the criteria looked at when rezoning was what the zoning was in the
area. Saying this one need to be R-2 would be spot• zoning and that was something that the law
did not allow.
Mr. David Phillips, licensed architect, 1250 East Moore Lake Drive, said he represented Mr.
Kiewel. He said the ordinance allowed for 1,400 square feet of accessory structure, so this
request did not exceed what was allowable. He indicated that Mr. Kiewel viewed Stipulation
No. 4 as an invasion of privacy and believed it was being used as a presumption that he was
doing something wrong with no evidence. Mr. Phillips said he had been in the home and it was a
single-family home and not a duplex. Mr. Phillips said that Mr. Kiewel asked to build a 1,600
square foot addition above the garage and walkout basement area and he did have other people
who lived at this house as allowed by City Code. Mr. Phillips indicated that a single-family
house could have up to five unrelated people living in the home, but the house was all one house
and there was no separation. Mr. Phillips asked Council for their approval and asked that
Stipulation No. 4 be eliminated. He said he also found Stipulation No. 10 interesting where it
read, "New addition must be architecturally compatible with the existing home and garage." He
said he did not understand who decided what was compatible. -
Mr. Hickok said that this was a standard stipulation on applications. Mr. Hickok said this did
not treat Mr. Phillips any different than any other petitioner. Mr. Hickok said the City was
looking for something that was compatible. Staff was not meaning to prescribe what the
building was going to look like, but suggested that it be architecturally compatible.
Mr. Phillips said he did not submit a plan with architectural panels. Mr. Phillips said he
submitted a plan and asked the Planning Commission to say the plan, as submitted, was deemed
architecturally compatible. He said they were asked to submit elevations with the application,
which they did.
Councilmember Billings indicated to Mr. Phillips that staff did not have to approve the submitted
elevations, but rather the elevations could be submitted to either the Appeals Commission or the
City Council.
FRIDLEY CITY COUNCIL MEETING MINUTES OF AUGUST 11, 2003 PAGE 14
Mr. Phillips indicated that this was not his intention.
Councilmember Billings said in every variance request the language was the same. The
alternative was to not have staff look at the elevations, but have the City Council look at the
elevations and if Mr. Phillips would like to do that, the Council could table the application to
another meeting. Once the City Council saw the elevations, the stipulations could be changed to
read, "that the elevations will be exactly as provided in the plans that are submitted". If any
changes were made to the elevations prior to or after the building permit was issued, petitioner
would have to come back to the City Council to get approval to change the building in
accordance with the changes made in the elevations. He said he was prepared to make a motion
to table the application until Council had a chance to look at the plans.
MOTION made by Councilmember Billings to table the application, seconded by
Councilmember Wolfe.
Councilmember Billings said there was extensive discussion at the Appeals Commission and
obviously the issue was not resolved.
Councilmember Bolkcom explained that every variance had the same type of language, and the
applicant was not being singled out.
Mr. Phillips indicated he was fine with Councilmember Bolkcom's explanation.
Councilmember Wolfe asked Mr. Phillips if he would accept leaving in Stipulation No. 10.
Mr. Phillips said he would..
UPON A VOICE VOTE, COUNCILMEMBER BILLINGS VOTING AYE AND MAYOR
LUND, COUNCILMEMBER BARNETTE, COUNCILMEMBER WOLFE AND
COUNCILMEMBER BOLKCOM VOTING NAY, MAYOR LUND DECLARED THE
MOTION FAILED.
Mayor Lund asked the City Attorney, if Stipulation No. 4 was within the City's legal rights.
Mr. Knaak indicated that it was within the City's right to include Stipulation No. 4. This
structure had a particular history and the proposed changes in the structure would potentially be
consistent with something other than a single-family dwelling. So, under the circumstances, it
would be permissible for the City to make this a condition.
Mr. Jim Kiewel, 1631 Rice Creek Road, indicated that on his original variance there were four
stipulations, but there was never a stipulation requesting that City officials come into the home.
Mr. Kiewel said that he was standing on principle, which can be different than being right or
justifiable. He said the stipulation was not right. He stated that his home was a single-family
home. He said his rights had been violated. He said he would be happy to invite someone to his
home, ,but forcing someone to his home was totally different. He asked that Stipulation No. 4 be
removed from the variance request.
Mayor Lund asked if the neighbors were opposed to the project.
FRIDLEY CITY COUNCIL MEETING MINUTES OF AUGUST 11, 2003 PAGE 15
Mr. Hickok said that there was no one at the Appeals Commission who spoke in opposition to
the project.
Mayor Lund asked Mr. Kiewel if there were any problems with the neighbors over this project.
Mr. Kiewel said that there were no problems with his neighbors. He thanked Council for their
consideration.
Mr. Knaak, City Attorney, noted that with respect to Stipulation No. 4, there would be a building
inspector on site, which was not unusual. What was different about this application, and it
relates to the history of this site, was it authorized the building inspector to look for something
else as well, some other issue. The City is authorized to use that information. The building
inspector was going to be there anyway. This was not something that was not expected for
someone who was adding a significant addition to the house. It just provided additional
authorization for the building inspector up front so there was no misunderstanding.
Councilmember Bolkcom indicated that an appointment would be set up so that Mr. Kiewel
could be there and could walk through the property with the building inspector. She asked if
there would be times if the house would be inspected when the homeowner was not at home.
Mr. Hickok said that it was the City's practice not to enter a property without an individual being
present. The inspection was not to invade someone's privacy, just to determine if there was a
code violation.
Mr. Phillips said he was requesting Council's approval and Mr. Kiewel was requesting Council
approval without Stipulation No. 4.
Councilmember Billings asked if Stipulation No. 4 could read, "the property shall be maintained
and utilized in accordance with all applicable zoning laws."
Mr. Hickok indicated that statement was an assumed fact with every property in the City.
Stipulation No. 4 was an added protection provided by staff. Staff presumed this was a single-
family home and just want to make sure.
MOTION made by Councilmember Barnette, seconded by Councilmember Bolkcom, to grant
Variance Request, VAR #03-17, by David Phillips for James Kiewel, to increase the maximum
size of a first accessory structure to allow the construction of an addition to an existing garage,
generally located at 1631 Rice Creek Road N.E.(Ward 2) with the following stipulations:
1. Petitioner shall obtain all necessary permits prior to construction.
2. The petitioner shall provide a hard surface driveway to garage addition within 12 months
of issuance of a building permit.
3. The accessory structure shall not be used to conduct a home occupation.
4. Home must be opened to a City Building Inspector prior to start of construction to
determine if the property is a legitimate single family home.
5. All sheds on property must be removed prior to building permit being "finagled".
FRIDLEY CITY COUNCIL MEETING MINUTES OF AUGUST 11, 2003 PAGE 16
6. Detailed plans for the new dwelling area must be submitted with building plans for the
garage.
7. New basement, as labeled on site plan, must be separated from garage in accordance with
building code requirements and may not be converted to additional garage area.
8. Silt fence required along the east, west and north property lines to prevent erosion onto
adjacent properties. Hay bales in swell areas are also required, as deemed necessary by
City staff.
9. Due to steep grades and amount of additional impervious surface, the water runoff
velocity must be slowed down through the use of sod, seed, a small ponding area (rain
garden) or other landscaping. Final design to be approved by City staff prior to issuance
of a building permit. Remedy must be installed prior to building permit being "finagled".
10. New addition must be architecturally compatible with the existing home and garage.
Building elevations to be submitted to and approved by City staff prior to the issuance of
a building permit.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
15. RESOLUTION NO. 37-2003 DECLARING THE NECESSITY TO INCREASE
STORM WATER RATES IN EXCES$ OF THE INFLATIONARY INDEX OR
5%, WHICHEVER IS LESS, AS MQUIRED BY SECTION 7.02 OF THE
FRIDLEY CITY CHARTER.
Mr. Richard Pribyl, Finance Director, made #e presentation on Items 15, 16 and 17. He said
that for clarification, all of these action items ere to merely set a public hearing. The three rates
in question were storm water, sanitary sewer and water. The resolution for Item No. 15 declared
a necessity to increase storm water rates ' excess of the inflationary index as provided by the
City Charter. This resolution was require by Chapter 7.02 of the City Charter. A referendum
was approved by the voters that require voter approval for any increase in utility rates that
exceeded the defined index. The index at the City would use for 2004 would only provide for
a 1.8% increase in rates. The City woul like to increase the storm water rate by a total of 9%, or
$.81 per REF -acre per quarter or an erage of $.87 per residential customer per year. The
Charter states that the City must prov' e a definition of the need for the increase and that need
was the result of operation for 2003 'ch resulted in a net loss of $87,000. It is projected that
with a 1.8% increase, the City woul still incur a loss of approximately $80,000 for 2004. The_
City has been experiencing increas cost from federal mandates associated with the National
Pollutant Discharge Elimination Sys em.
Mr. Pribyl stated that the City co �tinued to perform storm water maintenance and upgrades to
protect streets and neighborhoods om flooding. He this resolution did not commit the City to
the rate increase, but only starte the process required by the City Charter to take the ballot
question to the voters this fall. ith the passage of the resolution in accordance with the City
Charter, a public hearing notice '11 be published three different times on these dates: August
21, 28 and September 4. The pu tic hearing will be held on September 8 to take public comment
and discuss the issue of raising he rates. If the rate increase question fails in the election this
fall, the City would be required o use cash that has been set aside for cash flow and for replacing
fixed assets.
ARIRTRACT
Receipt #
Date/T-ime C3!�4❑
Document Order 1 of l
E]Incorrect/No Reference #
Non-standard Document
❑ Certified Copy/
PINs
Recordability `
Filing Fees $
❑ Tax Lien/Release
Copy/Additional Pg Fees
❑ Transfer
Well Cert Flies $
❑ Division
❑ Status
❑ Incomplete Form i
❑ Missing Attachment
❑ New legal Description
❑ No Legal Description
❑ GAC
❑ Non-existent Legal Description
0 Deferred Specials
❑ Part(s) Illegible
R No Change
DOCUMENT NO.18 5118 0 . 0 ABSTRACT
ANOKA COUNTY MINNESOTA
I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS FILED IN THIS OFFICE
FOR RECORD ON SEP 17 2003
AT 4:27 PM AND WAS DULY RECORDED.
FEES AND TAXES IN THE AMOUNT OF $20.00 PAID.
RECEIPT NO. 2003156853
MAUREEN J. DEVINE
ANOKA COUNTY PROPERTY TAX ADMINISTRATOR/RECORDER/REGISTRAR OFTM-ES
By AJH
DEPUTY PROPERTY TAX ADMINISTRATOR/RECORDER/REGISTRAR OF TITLES
37
1=
CITYOF
FRIDLEY
FRIDLEY MUNICIPAL CENTER - 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 - (763) 571-3450 - FAX (763) 571-1287
CITY COUNCIL
ACTION TAKEN NOTICE
August 14, 2003
David A. Phillips
Phillips Architects & Contractors, Ltd.
1250 East Moore Lake Drive NE
Fridley, MN 55432
Dear Mr. Phillips:
On August 11, 2003, the Fridley City Council officially approved your request for variance, VAR
#03-17, to increase the maximum size of a first accessory structure from 1,000 square feet to
1,390 square feet to allow the construction of a 22 foot by 37 foot addition to the existing
garage, on the East 145 feet of the South 190 feet of Lot 6, Auditor's Subdivision No. 22,
except road, subject to easement of record, generally located at 1631 Rice Creek Road NE,
with the following stipulations:
1. The petitioner shall obtain all necessary permits prior to construction.
2. The petitioner shall provide a hard surface driveway to the garage addition within 12
months of issuance of a building permit.
3. The accessory structure shall not be used to conduct a home occupation.
4. The home must be opened to a Building Inspector prior to start of construction to
determine if the property is a legitimate single family home.
5. All sheds on property must be removed prior to building permit being "finaled".
6. Detailed plans for the new dwelling area must be submitted with building plans for the
garage.
7. The new basement, as labeled on the site plan, must be separated from the garage in
accordance with building code requirements and may not be converted to additional
garage area.
8. A silt fence is required along the east, west, and north property lines to prevent erosion
onto adjacent properties. Hay bales in swale areas are also required as deemed
necessary by City staff.
9. Due to steep grades and the amount of additional impervious surface, the water run-off
velocity must be slowed down through the use of sod, seed, a small ponding area (rain
garden), or other landscaping. Final design to be approved by City staff prior to issuance
of a building permit. Remedy must be installed prior to building permit being "finaled".
10. The new addition must be architecturally compatible with the existing home and garage.
Building elevations must be submitted and approved by City staff prior to the issuance of
a building permit.
You have one year from the date of the City Council action to initiate construction. If you
cannot begin construction during this time, you must submit a letter requesting an extension at
least three weeks prior to the expiration date.
David A. Phillips
Page 2
Auaust 14. 2003
If you have any questions regarding the above action, please call me at 572-3599.
Sinc e ,
aul Bolin
Planning Coordinator
Please review the City Council action, sign below,
Planning Department by August 28, 2003.
C: James Kiewel
1631 Rice Creek Road NE
Fridley, MN 55432
I to the City of Fridley
Mur with 51tion taken
WAX • ?Vj'S c -L -t 04;
ALLPIGHTSRESERVED
�s.s3a.� zoa ucc t-�
�ee
FRIDLEY CITY COUNCIL MEETING MINUTES OF AUGUST 11, 2003 PAGE 11
MOTION made by Co cilmember Billings, seconded by Councilmember Bolkcom, to amend
the ordinance so that Stip lation No. 3 reads: "Petitioner shall identify ponding area and provide
easements for storm Ovate run-off and management, if necessary to manage adequate drainage
and stormwater on the r
UPON A VOICE VOTE, L VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANfMOUSLY.
MOTION made by Councilmemb r Billings, seconded by Councilmember Bolkcom to approve
Ordinance No. 1181, with the folio ng stipulations:
1. Petitioner to dedicate street R W as indicated on Preliminary Plat drawing.
2. Petitioner to obtain all necess permits prior to construction.
3. Petitioner shall identify pondin area and provide easements for storm water run-off and
management, if necessary to man a adequate drainage and stormwater on the property."
4. Storm pond maintenance agreemen must be filed prior to issuance of building permits.
5. Petitioner shall obtain any required DES Permit and NURP ponding for entire site.
6. City Engineering staff to review and prove grading and drainage plan prior to issuance
of building permits.
7. Code required refuse and recycling enc l surf
8. Landscape plan to be reviewed and app ve
permit.
9. Petitioner to pay any required Park Dedicate
10. Provide proof that any existing wells or ind
the site are properly capped or removed.
11. Property owner of record at time of building
prior to issuance of building permits.
must be installed.
by City staff prior to issuance of building
12. Property owner of record at time of building
sewer connection fees prior to issuance of a bui
UPON A VOICE VOTE, THREE VOTING AYE,
DECLARED THE MOTION CARRIED.
NEW BUSINESS:
Fees.
sewage treatment systems located on
it application, to pay required park fees
Lit application, to pay all water and
permit.
VOTING NAY, MAYOR LUND
14. VARIANCE REQUEST, VAR #03-17, BY DAIVD PHILLIPS FOR JAMES
KIEWEL, TO INCREASE THE MAXIMUM SIZE OF A FIRST ACCESSORY
STRUCTURE TO ALLOW THE CONSTRUCTION OF AN ADDITION TO AN
EXISTING GARAGE, GENERALLY LOCATED AT 1631 RICE CREEK ROAD
N.E. (WARD 2).
Mr. Scott Hickok, Community Development Director, said that the petitioner, David Phillips of
Phillips Architects and Contractors, who is representing Jim Kiewel, property owner of 1631
Rice Creek Road, was seeking a variance to increase the maximum size of a first accessory
structure from 1,000 square feet to 1,390 square feet to allow the construction of a 22 foot by 37
foot addition to the existing garage. The hardship, as stated by Mr. Phillips, existed in the nature
of the extreme oversize of the single-family lot and the under -utilization of the property. The lot
was approximately 2.5 times the current requirement for an R-1 lot (22,300 SF vs. 9,000 SF). It
FRIDLEY CITY COUNCIL MEETING MINUTES OF AUGUST 11, 2003 PAGE 12
was almost twice as wide (145 ft. vs. 75 ft.) as required by Code. The house location prevented
subdividing into two lots. The current house was too small for the property and would be
modernized and enlarged to be consistent with the other new homes and the extremely large lot
on which the house was situated. He said this property was granted a variance in 1996 to allow
an increase in the first accessory structure from 1,000 SF to 1,392 SF. The variance was granted
based on the following facts: The petitioner had an unusually large lot and the Code allowed a
total lot coverage of 6,887 SF. The size of the garage approximately equaled the size of the
dwelling and would not be out of proportion with the neighborhood. The lot's unique
topography allowed the structure to be built lower than the street thereby reducing the visual
impact to adjacent properties. The variance expired because the structure was never constructed.
Since that request the petitioner submitted various variance requests which far exceeded the
1,392 square feet. None of those requests were granted. Since the most recent request, Mr.
Kiewel has hired an architect to help redesign the project. The new request was similar to the
1995 request which was approved by the City Council in February 1996. The current request
was to increase the maximum size from 1,000 square feet to 1,390 square feet to allow the
construction of a 37 x 22 foot addition to the garage. The existing garage was 576 square feet
and the proposed garage addition 814 square feet, totaling 1,390 which was 390 above the Code.
He indicated that along with the proposed garage and living space above the garage, there would
be a basement addition. The proposed addition met lot coverage and setback requirements.
Mr. Hickok said that at the Appeals Commission meeting of July 23, 2003, the Commission held
its public hearing and after a brief discussion, recommended approval of this variance with a
change to Stipulation No. 4 to read: "The home must be opened to a City Building Inspector
prior to the start of construction to determine if the property is a legitimate single-family home
and other stipulations as presented." Commissioner Kuechle also wanted it to be duly noted to
the City Council that Mr. Kiewel felt very strongly that Stipulation No. 4 should be entirely
deleted from the stipulations.
Staff had no recommendation as this variance was within previously granted dimensions.
Mr. Hickok reviewed the ten stipulations with City Council.
Councilmember Bolkcoin asked about Stipulation No. 7, "New basement, as labeled on site plan,
must be separated from garage in accordance with building code requirements and may not be
converted to additional garage area."
Mr. Hickok said in past petitions, the homeowner asked for a garage as large as the space that
was now being labeled as garage and living space. This stipulation was meant to add clarity to
the fact that it needed to be living space or the garage then exceeded the 1,392 square feet that
was being asked for. He said it also needed to be clear that it needed to be distinct space
according to building codes and not just a modified garage wall that can be taken out after the
permit was issued.
Councilmember Bolkcom asked if the garage was considered an accessory building/structure.
Mr. Hickok said an attached or detached garage, no matter how it was arranged, was considered
an accessory structure even though there was living space above the garage.
FRIDLEY CITY COUNCIL MEETING MINUTES OF AUGUST 11, 2003 PAGE 13
Councilmember Bolkcom wondered why Stipulation No. 4 was included since there would be
inspections during the construction process.
Mr. Hickok said that this was a stipulation -that had remained consistent since 1995. In 1995,
there were realtors calling when the property was on the market asking about the duplex for sale
on Rice Creek Road at the edge of the City. They were talking about this property. When one of
the later variance applications were investigated, a family came out of the basement walkout
level of the unit. It appeared that it had the potential to be an upper and lower unit. In a single-
family district, a home cannot be subdivided into a duplex status. In addition, staff did not want
to approve an addition that provided a garage for a lower level unit while the garage for the
upper-level unit existed.
Councilmember Wolfe asked if the living space above the garage was considered accessory.
Mr. Hickok said the living space above the garage was not considered accessory.
Mayor Lund asked if the petitioner could request a R-2 designation.
Mr. Hickok said that one of the criteria looked at when rezoning was what the zoning was in the
area. Saying this one need to be R-2 would be spot zoning and that was something that the law
did not allow.
Mr. David Phillips, licensed architect, 1250 East Moore Lake Drive, said he represented Mr.
Kiewel. He said the ordinance allowed for 1,400 square feet of accessory structure, so this
request did not exceed what was allowable. He indicated that Mr. Kiewel viewed Stipulation
No. 4 as an invasion of privacy and believed it was being used as a presumption that he was
doing something wrong with no evidence. Mr. Phillips said he had been in the home and it was a
single-family home and not a duplex. Mr. Phillips said that Mr. Kiewel asked to build a 1,600
square foot addition above the garage and walkout basement area and he did have other people
who lived at this house as allowed by City Code. Mr. Phillips indicated that a single-family
house could have up to five unrelated people living in the home, but the house was all one house
and there was no separation. Mr. Phillips asked Council for their approval and asked that
Stipulation No. 4 be eliminated. He said he also found Stipulation No. 10 interesting where it
read, "New addition must be architecturally compatible with the existing home and garage." He
said he did not understand who decided what was compatible.
Mr. Hickok said that this was a standard stipulation on applications. Mr. Hickok said this did
not treat Mr. Phillips any different than any other petitioner. Mr. Hickok said the City was
looking for something that was compatible. Staff was not meaning to prescribe what the
building was going to look like, but suggested that it be architecturally compatible.
Mr. Phillips said he did not submit a plan with architectural panels. Mr. Phillips said he
submitted a plan and asked the Planning Commission to say the plan, as submitted, was deemed
architecturally compatible. He said they were asked to submit elevations with the application,
which they did.
Councilmember Billings indicated to Mr. Phillips that staff did not have to approve the submitted
elevations, but rather the elevations could be submitted to either the Appeals Commission or the
City Council.
FRIDLEY CITY COUNCIL MEETING MINUTES OF AUGUST 11, 2003 PAGE 14
Mr. Phillips indicated that this was not his intention.
Councilmember Billings said in every variance request the language was the same. The
alternative was to not have staff look at the elevations, but have the City Council look at the
elevations and if Mr. Phillips would like to do that, the Council could table the application to
another meeting. Once the City Council saw the elevations, the stipulations could be changed to
read, "that the elevations will be exactly as provided in the plans that are submitted". If any
changes were made to the elevations prior to or after the building permit was issued, petitioner
would have to come back to the City Council to get approval to change the building in
accordance with the changes made in the elevations. He said he was prepared to make a motion
to table the application until Council had a chance to look at the plans.
MOTION made by Councilmember Billings to. table the application, seconded by
Councilmember Wolfe.
Councilmember Billings said there was extensive discussion at the Appeals Commission and
obviously the issue was not resolved.
Councilmember Bolkcom explained that every variance had the same type of language, and the
applicant was not being singled out.
Mr. Phillips indicated he was fine with Councilmember Bolkcom's explanation.
Councilmember Wolfe asked Mr. Phillips if he would accept leaving in Stipulation No. 10.
Mr. Phillips said he would.
UPON A VOICE VOTE, COUNCILMEMBER BILLINGS VOTING AYE AND MAYOR
LUND, COUNCILMEMBER BARNETTE, COUNCILMEMBER WOLFE AND
COUNCILMEMBER BOLKCOM VOTING NAY, MAYOR LUND DECLARED THE
MOTION FAILED.
Mayor Lund asked the City Attorney, if Stipulation No. 4 was within the City's legal rights.
Mr.- Knaak indicated that it was within the City's right to include Stipulation No. 4. This
structure had a particular history and the proposed changes in the structure would potentially be
consistent with something other than a single-family dwelling. So, under the circumstances, it
would be permissible for the City to make this a condition.
Mr. Jim Kiewel, 1631 Rice Creek Road, indicated that on his original variance there were four
stipulations, but there was never a stipulation requesting that City officials come into the home.
Mr. Kiewel said that he was standing on principle, which can be different than being right or
justifiable. He said the stipulation was not right. He stated that his home was a single-family
home. He said his rights had been violated. He said he would be happy to invite someone to his
home, but forcing someone to his home was totally different. He asked that Stipulation No. 4 be
removed from the variance request.
Mayor Lund asked if the neighbors were opposed to the project.
FRIDLEY CITY COUNCIL MEETING MINUTES OF AUGUST 11, 2003 PAGE 15
Mr. Hickok said that there was no one at the Appeals Commission who spoke in opposition to
the project.
Mayor Lund asked Mr. Kiewel if there were any problems with the neighbors over this project.
Mr. Kiewel said that there were no problems with his neighbors. He thanked Council for their
consideration.
Mr. Knaak, City Attorney, noted that with respect to Stipulation No. 4, there would be a building
inspector on site, which was not unusual. What was different about this application, and it
relates to the history of this site, was it authorized the building inspector to look for something
else as well, some other issue. The City is authorized to use that information. The building
inspector was going to be there anyway. This was not something that was not expected for
someone who was adding a significant addition to the house. It just provided additional
authorization for the building inspector up front so there was no misunderstanding.
Councilmember Bolkcom indicated that an appointment would be set up so that Mr. Kiewel
could be there and could walk through the property with the building inspector. She asked if
there would be times if the house would be inspected when the homeowner was not at home.
Mr. Hickok said that it was the City's practice not to enter a property without an individual being
present. The inspection was not to invade someone's privacy, just to determine if there was a
code violation.
Mr. Phillips said he was requesting Council's approval and Mr. Kiewel was requesting Council
approval without Stipulation No. 4.
Councilmember Billings asked if Stipulation No. 4 could read, "the property shall be maintained
and utilized in accordance with all applicable zoning laws."
Mr. Hickok indicated that statement was an assumed fact with every property in the City.
Stipulation No. 4 was an added protection provided by staff. Staff presumed this was a single-
family home and just want to make sure.
MOTION made by Councilmember Barnette, seconded by Councilmember Bolkcom, to grant
Variance Request, VAR #03-17, by David Phillips for James Kiewel, to increase the maximum
size of a first accessory structure to allow the construction of an addition to an existing garage,
generally located at 1631 Rice Creek Road N.E.(Ward 2) with the following stipulations:
1. Petitioner shall obtain all necessary permits prior to construction.
2. The petitioner shall provide a hard surface driveway to garage addition within 12 months
of issuance of a building permit.
3. The accessory structure shall not be used to conduct a home occupation.
4. Home must be opened to a City Building Inspector prior to start of construction to
determine if the property is a legitimate single family home.
5. All sheds on property must be removed prior to building permit being "fmagled".
FRIDLEY CITY COUNCIL MEETING MINUTES OF AUGUST 11. 2003 PAGE 16
6. Detailed plans for the new dwelling area must be submitted with building plans for the
garage.
7. New basement, as labeled on site plan, must be separated from garage in accordance with
building code requirements and may not be converted to additional garage area.
8. Silt fence required along the east, west and north property lines to prevent erosion onto
adjacent properties. Hay bales in swell areas are also required, as deemed necessary by
City staff.
9. Due to steep grades and amount of additional impervious surface, the. water runoff
velocity must be slowed down through the use of sod, seed, a small ponding area (rain
garden) or other landscaping. Final design to be approved by City staff prior to issuance
of a building permit. Remedy must be installed prior to building permit being "finagled".
10. New addition must be architecturally compatible with the existing home and garage.
Building elevations to be submitted to and approved by City staff prior to the issuance of
a building permit.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
15. RESOLUTION NO. 37=2003 DECLARING THE NECESSITY TO INCREASE
STORM WATER RATES IN EXCESS OF THE INFLATIONARY INDEX OR
5%, WHICHEVER IS L SS, AS REQUIRED BY SECTION 7.02 OF THE
FRIDLEY CITY CHARTE
Mr. Richard Pribyl, Finance Director, m de one presentation on Items 15, 16 and 17. He said
that for clarification, all of these action ite s were to merely set a public hearing. The three rates
in question were storm water, sanitary sewe and water. The resolution for Item No. 15 declared
a necessity to increase storm water rates in cess of the inflationary index as provided by the
City Charter. This resolution was required b Chapter 7.02 of the City Charter. A referendum
was approved by the voters that required vot approval for any increase in utility rates that
exceeded the defined index. The index that the ty would use for 2004 would only provide for
a 1.8% increase in rates. The City would like to in ease the storm water rate by a total of 9%, or
$.81 per REF -acre per quarter or an average of $. 7 per residential customer per year. The
Charter states that the City must provide a definition of the need for the increase and that need
was the result of operation for 2003 which resulted in net loss of $87,000. It is projected that
with a 1.8% increase, the City would still incur a loss o approximately $80,000 for 2004. The
City has been experiencing increased cost from federal andates associated with the National
Pollutant Discharge Elimination System.
Mr. Pribyl stated that the City continued to perform storm i4ter maintenance and upgrades to
protect streets and neighborhoods from flooding. He this reso tion did not commit the City to
the rate increase, but only started the process required by the\City Charter to take the ballot
question to the voters this fall. With the passage of the resoluta inaccordance with the City
Charter, a public hearing notice will be published three different t es on these dates: August
21, 28 and September 4. The public hearing will be held on Septemb r 8 to take public comment
and discuss the issue of raising the rates. If the rate increase questio fails in the election this
fall, the City would be required to use cash that has been set aside for c h flow and for replacing
fixed assets.
AGENDA ITEM
CITY COUNCIL MEETING OF AUGUST 11, 2003
MY OF
FRIDLEY
Date: August 6, 2003
To: William Bums, City Manager 4
From: Scott Hickok, Community Development Director
Paul Bolin, Planning Coordinator
Stacy Stromberg, Planner
Subject: Variance Request, VAR #03-17, David Phillips, 1631 Rice Creek Road
M-03-111
INTRODUCTION
The petitioner, David Phillips of Phillips Architects and Contractors, who is representing
Jim Kiewel, property owner of 1631 Rice Creek Road, is seeking a variance to increase
the maximum size of a first accessory structure from 1,000 square feet to 1,390 square
feet to allow -the construction of a 22 foot by 37 foot addition to the existing garage.
APPEALS COMMISSION RECOMMENDATION
At the July 23, 2003, Appeals Commission meeting, a public hearing was held for VAR
#03-17. After a brief discussion, the Appeals Commission recommended approval of
variance request, VAR #03-17, with a change to stipulation #4, to read, "Home must be
opened to a City Building Inspector prior to start of construction to determine if the property
is a legitimate single family home" and the other stipulations as presented. Commissioner
Kuechle also wanted to duly note to the City Council that Mr. Kiewel felt very strongly that
stipulation #4 be entirely deleted from the stipulations.
THE MOTION CARRIED UNANIMOUSLY.
PLANNING STAFF RECOMMNEDATION
City Staff has no recommendation at this variance is within previously granted dimensions.
STIPULATIONS
If the variance is granted, Staff recommends that the following stipulations should be
attached.
1. Petitioner shall obtain all necessary permits prior to construction.
2. The petitioner shall provide a hard surface driveway to garage addition within 12
months of issuance of a building permit.
3. The accessory structure shall not be used to conduct a home occupation.
35
4. Home must be opened to a City Building Inspector prior to start of construction to
determine if the property is a legitimate single family home.
5. All sheds on property must be removed prior to building permit being `finaled".
6. Detailed plans for the new dwelling area must be submitted with building plans for
the garage.
7. New basement, as labeled on site plan, must be separated from garage in
accordance with building code requirements and may not be converted to additional
garage area.
8. Silt fence required along the East, West, & North property lines to prevent erosion
onto adjacent properties. Hay bales in swale areas are also required, as deemed
necessary by City Staff.
9. Due to steep grades and amount of additional impervious surface, the water runoff
velocity must be slowed down through the use of sod, seed, a small ponding area
(rain garden) or other landscaping. Final design to be approved by City Staff prior
to issuance of a building permit. Remedy must be installed prior to building permit
being "finaled".
10. New addition must be architecturally compatible with the existing home and garage.
Building elevations to be submitted to and approved by City Staff prior to the
issuance of a building permit.
36
City of Fridley Land Use Application
VAR#03-17 July 23, 2003
GENERAL INFORMATION SPECIAL INFORMATION
Applicant:
Jim Kiewel
1631 Rice Creek Road
Fridley, MN 55432
Requested Action:
Variance
Purpose:
To increase the maximum floor area of
the first accessory structure.
Existing Zoning:
R-1, Residential
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. 205.07.01.B.(4) ((a)) requires that
the maximum size of the first accessory
structure not exceed 1,000 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.
VAR #00-04 withdrawn prior to action.
VAR #02-13 withdrawn prior to final
action.
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.
Public Utilities:
Home is connected.
Transportation:
Home is accessed by Rice Creek Road.
3
Physical Characteristics:
Typical suburban landscaping, lot slopes
towards back.
SUMMARY OF PROJECT
David Phillips of Phillips Architects &
Contractors who is representing Jim Kiewel,
property owner at 1631 Rice Creek Road, is
seeking to increase the maximum size of a first
accessory structure from 1,000 square feet to
1,390 square feet to allow the construction of a
22 ft. by 37 ft. addition to the existing garage.
SUMMARY OF HARDSHIP
"A hardship exists with this lot in the nature of
the extreme oversize of the single family lot and
the under utilization of the property. The lot is
approximately 2.5 times the current requirement
fora R-1 lot (22,300 SF vs. 9,000 SF). Itis
almost twice as wide (145 ft. vs. 75 ft.) as
required for a single family home in Fridley. The
house location prevents subdividing into two
lots. The current house is too small for the
property and will be modernized and enlarged to
be consistent with other new homes and the
extremely large lot which the house is situated
on."
-David Phillips, Phillips Architects & Contractors
SUMMARY OF ANALYSIS
City Staff has no recommendation as this
variance is within previously granted
dimensions.
Similar variance granted:
VAR #95-23 was granted for this property for
the same request, allowing the 1st accessory
structure to be increased from 1,000 square
feet to 1,392 square feet.
CITY COUNCIL ACTION 160 DAY DATE
City Council —August 11, 2003
60 Day —August 18, 2003
Staff Report Prepared by: Stacy Stromberg
VAR #03-17
REQUEST
Petitioner, David Phillips of Phillips Architects and Contractors, who is representing Jim
Kiewel, property owner of 1631 Rice Creek Road, is seeking a variance to increase the
maximum size of a first accessory structure from 1,000 square feet to 1,390 square feet to
allow the construction of a 22 foot by 37 foot addition to the existing garage.
SUMMARY OF HARDSHIP
"A hardship exists with this lot in the nature of the extreme oversize of the single family
lot and the under utilization of the property. The lot is approximately 2.5 times the
current requirement for a R-1 lot (22,300 SF vs. 9,000 SF). His almost twice as wide (145
ft. vs. 75 ft.) as required for a single family home in Fridley. The house location prevents
subdividing into two lots. The current house is too small for the property and will be
modernized and enlarged to be consistent with other new homes and the extremely large
lot which the house is situated on."
-David Phillips, Phillips Architects & Contractors
SITE DESCRIPTION
The property is located north of Rice Creek Road near the New Brighton border. The
property is zoned R-1, Single Family as are all surrounding properties. The home is 1,368
square foot walkout rambler with a 576 square foot (24 ft. by 24 ft.) attached two -car
garage. The home was built in 1953 and the attached garage was added in 1961.
Existing Home and Attached Garage
PRIOR VARIANCE REQUESTS AND HISTORY
YEAR
REQUEST
ACTION
1995
*The original request was to increase
*The original request was denied by
the size of a first accessory structure
the Appeals Commission on
from 1,000 square ft. to 2,064 square ft
September 12, 1995.
and to increase the maximum square
*At the October 2, 1995 City Council
footage of all accessory structures
meeting, the petitioner reduced his
from 1,400 square ft. to 2,064 square
request to 1,776 square feet for the
ft
total square footage of all accessory
structures. This request was denied
by the City Council.
1995
**The petitioner then reduced his
"This revised request from 1,000
request to increase the maximum size
square feet to 1,392 square feet was
of a first accessory structure from
approved by the City Council on
1,000 square ft. to 1,392 square ft.
February 26, 1996.
**This variance #95-23 expired as the
structure was never constructed.
2000
To increase the total square footage of
Staff recommended denial of the
all accessory structures from 1,400
variance request due to lack of
square feet to 1,666 square feet to
hardship and the petitioner withdrew
allow the construction of a 30 ft. by 33
the request prior to the Appeals
ft. (990 square foot) detached garage.
Commission.
2002
*The original request was to increase
*The original request was denied by
the allowable square footage of all
the Appeals Commission on August
accessory buildings from 1,400 square
14, 2002.
feet to 1,612 square feet to allow the
*At the August 26, 2002 City Council
construction of an additional 28 ft. by
meeting, the petitioner requested the
37 ft. second accessory building.
Council not take action on his item
until he had a chance to review
alternative layouts.
2002
**The petitioner than requested to
**This request was then withdrawn
construct a 1,110 square foot (30 ft. by
by the petitioner and the City Council
37 ft.) expansion to the existing
removed the request from the agenda
garage. Therefore, the variance
at their October 28, 2003 Council
request would change to increase the
meeting.
allowable square footage of the first
accessory structure from 1,000 square
feet to 1,686 square feet and to
exceed 100% of the first floor area of
the dwelling unit.
39
1995 VARIANCE — FINDING OF FACTS
The 1995 variance request was granted by the City Council based on these 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. 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.
CURRENT REQUEST
Since the 2002 variance request, Mr. Kiewel has hired an architect to help him redesign
his project. His new request is similar to his 1995 request, which was approved by the City
Council on February 26, 1996. That request was to increase the maximum size of a first
accessory structure from 1,000 square feet to 1,392 square feet to allow the construction
of a 34 ft. by 24 ft. addition to the existing garage.
The current request is to increase the maximum size of a first accessory structure from
1,000 square feet to 1,390 square feet to allow the construction of a 37 ft. by 22 ft. addition
to the existing garage. The only difference between the two requests, is the 1995 request
was 2 square feet larger than the current request.
The existing garage is 24 ft. by 24 ft. (576 square feet) and was originally built as a two-
story garage, which made the original garage 1,152 square feet. The petitioner has since
removed the garage door from the lower level garage and blocked the space in so that it is
not considered part of the accessory structure. The existing garage is 576 square feet and
the proposed garage addition is 814 square feet. The total of these two structures is 1,390
square feet, which is 390 square feet over the 1,000 square foot maximum allowed for a
first accessory structure.
Jition Location* (View of proposed garage location from
Along with the proposed garage addition, there will also be a basement addition with living
space above. The proposed addition meets lot coverage and setback requirements.
City Staff has heard from two neighboring property owners, who were not in favor of
granting this variance request.
RECOMMENDATION
City Staff has no recommendation as this variance is within previously granted
dimensions.
Similar variance granted:
VAR #95-23 was granted for this property for the same request, allowing the 1$t
accessory structure to be increased from 1,000 square feet to 1,392 square feet.
STIPULATIONS
Staff recommends that if the variance is granted, the following stipulations be attached.
1. Petitioner shall obtain all necessary permits prior to construction.
2. The petitioner shall provide a hardsurface driveway to garage addition within 12 months
of issuance of a building permit.
3. The accessory structure shall not be used to conduct a home occupation.
4. Home must be opened to City officials, prior to issuance of a building permit, to
determine if the property is a legitimate single family home.
5. All sheds on property must be removed prior to building permit being "finaled".
6. Detailed plans for the new dwelling area must be submitted with building plans for the
garage.
7. New basement, as labeled on site plan, must be separated from garage in accordance
with building code requirements and may not be converted to additional garage area.
8. Silt fence required along the East, West, & North property lines to prevent erosion onto
adjacent properties. Hay bales in swale areas are also required, as deemed
necessary by City Staff.
9. Due to steep grades and amount of additional impervious surface, the water runoff
velocity must be slowed down through the use of sod, seed, a small ponding area (rain
garden) or other landscaping. Final design to be approved by City Staff prior to
issuance of a building permit. Remedy must be installed prior to building permit being
"finaled".
10. New addition must be architecturally compatible with the existing home and garage.
Building elevations to be submitted to and approved by City Staff prior to the issuance
of a building permit.
41
CITY OF FRIDLEY
APPEALS COMMISSION MEETING
JULY 23, 2003
CALL TO ORDER:
Chairperson Kuechle called the July 23, 2003, Appeals Commission meeting to order at
7:32 p.m.
ROLL CALL:
Members Present: Larry Kuechle, Sue Jackson, Blaine Jones, Gary Zinter
Members Absent: Ken Vos
Others Present: Stacy Stromberg, Planner
David A. Phillips, Phillips Architects
Jim Kiewel, 1631 Rice Creek Road
APPROVE THE JULY 9 2003. APPEALS COMMISSION MEETING MINUTES:
MOTION BY Ms. Jackson, seconded by Mr. Zinter, to approve the July 9, 2003, Appeals
Commission minutes as written.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE
MOTION CARRIED UNANIMOUSLY.
1. PUBLIC HEARING: VARIANCE REQUEST VAR #03-17, BY DAVID A. PHILLIPS: per
Section 205.07.01.b.(4).((a)) of the Fridley Zoning Code to increase the maximum size of
the first accessory structure from 1,000 square feet to 1,390 square feet to allow the
construction of a 22 -foot by 37 -foot addition to the existing garage on the east 145 feet
of the south 190 feet of lot 6, Auditor's Subdivision No. 22, except road, subject to
easement of record, generally located at 1631 Rice Creek Road.
MOTION by Mr. Jones, seconded by Mr. Zinter, to open the public hearing.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 7:33 P.M.
Ms. Stacy Stromberg, Planner, stated the petitioner, David Phillips of Phillips Architects &
Contractors who is representing Jim Kiewel, property owner at 1631 Rice Creek Road, is
requesting a variance to increase the maximum size of a first accessory structure from 1,000
square feet to 1,390 square feet to allow the construction of a 22 -foot by 37 -foot addition to the
existing garage. The hardship submitted by the petitioner reads, "A hardship exists with this lot
in the nature of the extreme oversize of the single-family lot and the under -utilization of the
property. The lot is approximately 2.5 times the current requirement for an R-1 lot (22,300 SF
vs. 9,000 SF). It is almost twice as wide (145 ft. vs. 75 ft.) as required for a single-family home
in Fridley. The house location prevents subdividing into two lots. The current house is too small
for the property and will be modernized and enlarged to be consistent with other new homes
and the extremely large lot which the house is situated on."
APPEALS COMMISSION MEETING, JULY 23, 2003 PAGE 2
Mr. Stromberg stated the property was granted a variance in 1996 to allow the increase of a first
accessory structure from 1,000 square feet to 1,392 square feet. That variance was granted
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 6,887.55 square feet.
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.
Ms. Stromberg stated because that structure was never constructed, the variance expired.
Since that request, the petitioner has submitted various variance requests which have far
exceeded the 1,392 square foot approved variance request. None of those requests were
granted, thus the property owner is requesting the current variance.
Ms. Stromberg stated that since the most recent request, Mr. Kiewel has hired an architect to
help him redesign his project. The new request is similar to the 1995 request which was
approved by the City Council on February 26, 1996. That request was to increase the
maximum size of a first accessory structure from 1,000 square feet to 1,392 square feet to allow
the construction of a 34 -foot by 24 -foot addition to the existing garage. The current request is to
increase the maximum size of a first accessory structure from 1,000 square feet to 1,390 square
to allow the construction of a 37 -foot by 22 -foot addition to the existing garage. The only
difference between the two requests is the 1995 request was two square feet larger than the
current request. The existing garage is 576 square feet and the proposed garage is 814 square
feet. The total of these two structures is 1,390 square feet which is 390 square feet over the
1,000 square feet maximum allowed for a first accessory structure.
Ms. Stromberg stated along with the proposed garage addition, there will also be a basement
addition with living space above.
Ms. Stromberg stated City staff has no recommendation as this variance is within previously
granted dimensions. As was stated earlier a variance was granted for this property in 1996 to
allow the first accessory structure to be increased from 1,000 square feet to 1,392 square feet.
If the variance is granted, staff recommends the following stipulations:
1. The petitioner shall obtain all necessary permits prior to construction.
2. The petitioner shall provide a hard surface driveway -to garage addition within 12
months of issuance of a building permit.
3. The accessory structure shall not be used to conduct a home occupation.
4. The home must be opened to City officials, prior to issuance of a building permit,
to determine if the property is a legitimate single-family home.
5. All sheds on the property must be removed prior to building permit being
"finaled."
6. Detailed plans for the new dwelling area must be submitted with building plans
for the garage.
7. The new basement, as labeled on site plan, must be separated from the garage
in accordance with building code requirements and may not be converted to
additional garage area.
8. A silt fence is required along the east, west & north property lines to prevent
erosion onto adjacent properties. Hay bales in swale areas are also required, as
deemed necessary by City staff.
APPEALS COMMISSION MEETING, JULY 23, 2003 PAGE 3
9. Due to steep grades and the amount of additional impervious surface, the water
runoff velocity must be slowed down through the use of sod, seed, a small
ponding area (rain garden) or other landscaping. f=inal design to be approved by
the City staff prior to issuance of a building permit. Remedy must be installed
prior to building permit being "finaled."
10. The new addition must be architecturally compatible with the existing home and
garage. Building elevations to be submitted to and approved by City staff prior to
the issuance of a building permit.
Mr. Kuechle asked Ms. Stromberg to explain what she means by building permit being "finaled.
Ms. Stromberg replied that all building permits issued need to have a final inspection to ensure
that -everything was built to code. After a project has had a final inspection, it is considered to be
finaled.
Mr. David Phillips, Phillips Architects & Contractors, stated he has been retained by Mr. Kiewel
to help him with the design of this house. They have two comments regarding the stipulations.
They find that stipulation #4 seems very out of place. There has been a long history. He has
been in the house, and it is a single-family house. The building inspector will be at the house
during construction of it, and Mr. Kiewel objects to the search of the house by other City
officials. They think the Building Inspector is fully capable of determining that it is a single-family
house, and he will be at the property under the normal course of inspections anyway. This
relates to some past history on the property unrelated to single family. Mr. Kiewel does have
tenants that live with him, in the house; however, it's not a duplex. One of the tenants had
called and wanted the City to enforce a requirement that Mr. Kiewel separate his levels, the
lower level from the upper level. Mr. Kiewel refused to do that, and the tenant actually filed a
complaint with the City staff saying he won't separate it. The reason he won't is because it is a
single-family house and under the Code it can't be separated. They are not proposing to
separate it, and it will be inspected by the Building Inspector. Mr. Kiewel would ask that they
consider the Building Inspector to be a proper City official to do that job.
Mr. Phillips stated stipulation #10 is also confusing. They submitted elevations with this
proposal and they don't know what it means to be "architecturally compatible." The nice part
about this addition is it is about a 1,480 square foot home addition on top of this walkout
garage/area. So the garage certainly doesn't impact the streetscape at all as it is behind the
house. There are the two driveways. They will hard surface the one on the west side that will
access the lower garage. They are fine with architecturally compatible. He is an architect, and
it is compatible.
Mr. Kuechle stated that is pretty much a standard stipulation that they put in all variances of this
type. When an architect gets involved, that stipulation is usually well covered but, if they don't
put it in, there could be some problems.
Mr. Phillips asked that maybe instead of stipulation #10, the Commission indicate "as long as it
is built per the plans".
Mr. Kuechle stated the petitioner pretty much knows all of the requirements, and he didn't think
this is an issue. But from the City's point of view, if they put the stipulation on one variance and
not on another, they are opening themselves up to some problems.
Mr. Phillips stated that since they have submitted the exterior elevations and there has been a
comment they are unacceptable, how does that approval process go?
APPEALS COMMISSION MEETING, JULY 23, 2003 PAGE 4
Mr. Kuechle replied he assumed that approval process would come when they submit the
building plan for and request the building permit. What they are stating at this point is that these
need to be compatible with the existing structure. Mr. Phillips, as an architect, would feel very
strongly about that, and he wouldn't want the addition to stick out like a sore thumb.
Ms. Stromberg stated the stipulation is a standard stipulation they put on all variance requests.
At the time of building permit, it is reviewed for its architectural compatibility. She believed, by
looking at the plans, that it is architecturally compatible, but they wouldn't want to remove the
standard stipulation.
Mr. Phillips referred to the #4 stipulation again relating to the building inspector. It would be
fine, he is going to be at the site, he has to come out and inspect the property to do the addition,
and he would ask that #4 be restated to be open to the Building Inspector during the course of
construction to determine this.
Mr. Kuechle replied what he thinks that stipulation is probably coming from is this is really a lot
of square footage in a garage and in the material that has been submitted to him, he doesn't
see anything there that helps him understand what this garage is going to be used for and so
one of the things that comes to mind is it is going to be used as part of a home occupation, not
that he is accusing him of doing that. But, they need to be assured that is not the case.
Mr. Phillips replied that he would absolutely agree to that but, if they read the stipulation, they
can't know that prior to the issuance of the building permit. You can't go out there and look
today and find out what this garage is going to be used for. That would be during the course of
construction. The wording is odd because, if it relates to the addition, the addition isn't built
today so there is nothing to go out and see today that would be changed.
Ms. Jackson stated as she recalled from the last time the petitioner appeared, they had a report
from City staff that they had been contacted by realtors because at some time the house was for
sale or considered to be on sale, and there was some reference to it having room for a renter or
something like that. They didn't know if this information was accurate. Mr. Kiewel did not sell
the home, but she remembered this stipulation was on for the variance request a couple of
months ago.
Mr. Phillips stated there are renters at this property. That is allowed by City Code as long as it
is not constructed as a duplex. Mr. Kiewel can have up to five unrelated people at the structure.
All they are asking is that the Building Inspector, who is going to be there any way, be the
designated person under this stipulation. Clearly the Building Inspector is the most competent
person in the City to tell you if it's a duplex or single-family home or a home business or not.
Ms. Jackson asked Ms. Stromberg how she felt if stipulation #4 read "Home must be opened to
a City Building Inspector, prior to issuance of building permit, to determine if the property is a
legitimate single family home."
Ms. Stromberg replied that would be fine.
Mr. Phillips stated he would go a step further than that and say prior to start of construction. It
may be before they apply for the building permit.
Mr. Kuechle reworded stipulation #4 to read: "Home must be opened to City Building Inspector
prior to construction." Is that satisfactory?
APPEALS COMMISSION MEETING, JULY 23, 2003 PAGE 5
Mr. Phillips stated the current kitchen will separate what will become a formal living room and
formal dining room from a great room that is a family room. The family room will have a second
bedroom and master bedroom. It's all on the same level. The two garages directly connect
because there is an internal stair between them. There are two things that have changed that
may come up again in the City of Fridley. The whole state is adopting a new Code, the IRC and
the IBC. In the past there might have been a reason that you limited a garage to 1,000 feet
under Code issues. That has now changed. It's really a 3,000 square foot number in the new
IRC number and, what's nice he thinks, and makes this variance easy to ask for is they are not
asking for an increase in their allowable square footage and you benefit from the removal of the
shed so it already exists on the property.
Mr. Jim Kiewel, 1631 Rice Creek Road, stated he really doesn't have a problem with the
majority of the stipulations except #4. It is simply a matter of principle. He doesn't know if they
are aware of what has happened in the past in his home, but he feels his rights to privacy and
property have been violated and stipulation #4 would simply be a continuation of that
deprivation of rights. His architect, in the interest of his achieving his goals at his property, has
done well in presenting the case for expanding his property and it is a good thing and benefits
pretty much everyone around him and he gets along fine with his neighbors. He would like
stipulation #4 stricken completely. It's one thing inviting someone to your home which he has
done with staff in the past, but it's another when someone tries to force his/her way into your
home. And he knows what that feels like, and it is not pleasant.
Mr. Kuechle stated he can understand Mr. Kiewel's point of view. He believed they are trying to
negotiate a middle ground because there have been concerns expressed in the past by the
neighbors about the status of this house.
Mr. Kiewel replied he guessed he hasn't seen any validation whatsoever.. If someone accuses
any of them of doing something wrong, then he would expect the honorable and ethical and
moral thing to do would be tell them what they have done wrong and confirm they have done
something wrong. When someone takes your rights from you because of that, it makes it very
difficult for one to compromise himself and accept something like this. He would ask again that
stipulation #4 be stricken because it's wrong.
Mr. Zinter stated he has seen this on other variance requests, and the petitioners have not
objected.
Mr. Kuechle stated this variance request has to go to City Council on August 11, so maybe the
petitioner, the architect, and City staff can come to some kind of compromise on this before the
City Council meeting.
Mr. Phillips stated he would still ask that stipulation #4 be changed to "Building Inspector."
MOTION by Mr. Zinter, seconded by Ms. Jackson, to close the public hearing.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:08 P.M.
Mr. Kuechle stated he would recommend approval of this variance request. It is essentially not
particularly different than the one that was approved in 1995. From what he has seen of the
plans presented by the architect, they seem to be reasonable and seem to fit in well with the
house. He would recommend that stipulation #4 be changed as the architect has requested to
just the "Building Inspector. He would also like to note to the City Council that Mr. Kiewel felt
very strongly about #4 being deleted from the stipulations.
APPEALS COMMISSION MEETING, JULY 23, 2003 PAGE 6
Mr. Jones stated he would concur and would recommend approval with stipulation #4 changed
to read "Building Inspector" instead of "City officials". He would not take that one stipulation out
just because they have included it on other variances.
Mr. Zinter stated although he didn't understand the relationship of the hardship statement to this
request, he is in favor of recommending approval. He did have a concern about the 12 months
of issuance for the garage addition. With other large additions like this, there has always been a
concern with the water runoff. He was wondering about the likelihood of the stipulations
meeting the concerns that people had previously expressed about water runoff, because you
can get quite a fast stream going from this and he would hate to find that not working. So there
is pretty strict enforcement of those grading requirements in the stipulations.
Mr. Jones stated that was the one thing he thought when he was looking at the place today. It's
not a huge sledding slope but, with some of the rains they have had lately, there is going to be a
lot of water going down that slope pretty quick. He noticed there are rain gardens and things like
that, but that could still be a challenge during construction and later on because of some of the
rains they have.
Ms. Jackson stated she agrees with the previous comments and she thinks the addition and the
replacement of the shed will improve the appearance of the property and make the neighbors
happier. Perhaps since the petitioner's client has indicated he has asked or would ask City
officials to come, he can do that between now and the Council meeting on August 11 t'; then by
August 11th, stipulation #4 might be a moot point. Also they talked about changing to "Building
Inspector" and "prior to start construction", rather than "to issuance of building permit", so there
are two corrections to stipulation #4.
Mr. Kuechle stated another reason why he prefers to keep stipulation #4 is because the City
Council has legal counsel present. Mr. Kiewel's viewpoint is that the City has no legal right to be
there, so that can be more appropriately addressed at the City Council meeting.
MOTION by Ms. Jackson, seconded by Mr. Zinter, to recommend approval of variance request,
VAR #03-17, by David A. Phillips with the following stipulations as amended:
1. The petitioner shall obtain all necessary permits prior to start of construction.
2. The petitioner shall provide a hard surface driveway to garage addition within 12
months of issuance of a building permit.
1. The accessory structure shall not be used to conduct a home occupation.
2. The home must be opened to a City Building Inspector prior to construction to
determine if the property is a legitimate single family home _
3. All sheds on property must be removed prior to building permit being "finaled."
4. Detailed plans for the new dwelling area must be submitted with building plans
for the garage.
5. New basement, as labeled on site plan, must be separated from garage in
accordance with building code requirements and may not be converted to
additional garage area.
6. A silt fence is required along the east, west & north property lines to prevent
erosion onto adjacent properties. Hay bales in Swale areas are also required, as
deemed necessary by City Staff.
7. Due to steep grades and amount of additional impervious surface, the water
runoff velocity must be slowed down through the use of sod, seed, a small
ponding area (rain garden) or other landscaping. Final design to be approved by
the City staff prior to issuance of a building permit. Remedy must be installed
prior to building permit being "finaled."
APPEALS COMMISSION MEETING, JULY 23, 2003 PAGE 7
8. The new addition must be architecturally compatible with the existing home and
garage. Building elevations to be submitted to and approved by City staff prior to
the issuance of a building permit.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Mr. Kuechle stated this variance request will go to the City Council on August 11.
ADJOURNMENT:
MOTION by Jones, seconded by Mr. Zinter, to adjourn the meeting.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE
MOTION CARRIED AND THE JULY 23, 2003, APPEALS COMMISSION MEETING
ADJOURNED AT 8:14 P.M.
Respectfully submitted,
Denise M. Letendre
Recording Secretary
Development Review Committee Worksheet
Address: 1631 Rice Creek Road
Land Use Case # VAR #03-17
Issues:
❑
Paul Bolin ❑
Scott Hickok
❑ Layne Otteson
❑
Grant Fernelius ❑
Dave Jensen
❑ Police Rep.
❑
Kevin Hanson ❑
Julie Jones
❑ Mary Smith
Steph Hanson ❑
Ron Julkowski
❑ Stacy Stromberg
❑
Jon Haukaas ❑
Ralph Messer
Planning Issues:
Engineering
Issues:
❑ Setbacks
❑ Lot coverage
❑ Allowable square footage
❑ Height
❑ Landscape
❑ Hardship statement/narrative
❑
❑
❑
❑
Drainage
Utilities
Curbing requirements
Fire Issues:
Building I__ ssues:
❑
o
❑
Truck access
Sprinkler requirements
Hydrant location
❑ UBC/IBC
❑
❑
Stipulations:
Comments:
Name:c� re Ole Date: LP - 2+7
Development Review Committee Worksheet
Address: 1631 Rice Creek Road Land Use Case # VAR #03-17
❑ Paul Bolin ❑ Scott Hickok o Layne Otteson
o Grant Fernelius ❑ Dave Jensen ❑ Police Rep.
❑ Kevin Hanson o Julie Jones ❑ Mary Smith
❑ Steph Hanson Ron Julkowski ❑ Stacy Stromberg
o Jon Haukaas ❑ Ralph Messer
Planning Issues:
❑ Setbacks
o Lot coverage
o Allowable square footage
❑ Height
❑ Landscape
a Hardship statement/narrative
0
Building Issues:
❑ UBC IBC
Stipulations:
Comments:
Enaineerin4 Issues:
❑ Drainage
o Utilities
❑ Curbing requirements
Fire Issues:
o Truck access
L3 Sprinkler requirements
o Hydrant location
EI
Address: 1631 Rice Creek Road
❑ Paul Bolin
❑ Grant Fernelius
o Kevin Hanson
❑ Steph Hanson
❑ Jon Haukaas
Land Use Case # VAR #03-17
o Scott Hickok
❑ Dave Jensen
❑ Julie Jones
❑ Ron Julkowski
o Ralph Messer
Planning Issues:
❑ Setbacks
o Lot coverage
❑ Allowable square footage
❑ Height
o Landscape
❑ Hardship statement/narrative
0
Building Issues:
❑ UBCABC
Stipulations:
Comments:
Name:
Layne Otteson
❑ Police Rep.
❑ Mary Smith
o Stacy Stromberg
Engineering Issues:
❑ Drainage
❑ Utilities
❑ Curbing requirements
❑
Fire Issues:
❑ Truck access
❑ Sprinkler requirements
❑ Hydrant location
Development Review Committee Worksheet
Address: 1631_ Rice Creek Road Land Use Case # VAR #03-17
❑ Paul Bolin
❑ Scott Hickok
❑ Layne Otteson
❑ Grant Fernelius
❑ Dave Jensen
u Police Rep.
❑ Kevin Hanson
o Julie Jones
Mary Smith
❑ Steph Hanson
o Ron Julkowski
❑ Stacy Stromberg
❑ Jon Haukaas
o Ralph Messer
Planning Issues:
❑ Setbacks
❑ Lot coverage
❑ Allowable square footage
❑ Height
❑ Landscape
❑ Hardship statement/narrative
Building Issues:
❑ UBC/IBC
Stipulations:
Comments:
Engineering Issues:
❑ Drainage
❑ Utilities
Curbing requirements
Fire Issues:
❑ Truck access
❑ Sprinkler requirements
❑ Hydrant location
Name: Date:
Develo went Review Committee Worksheet
Address: 1631 Rice Creek Road
Land Use Case # VAR #03-17
❑ Paul Bolin
Scott Hickok
❑ Grant Fernelius
❑ Dave Jensen
❑ Kevin Hanson
❑ Julie Jones
❑ Steph Hanson
o Ron Julkowski
❑ Jon Haukaas
❑ Ralph Messer
Planning Issues:
❑ Setbacks
❑ Lot coverage
❑ Allowable square footage
❑ Height
❑ Landscape
❑ Hardship statement/narrative
Building Issues:
❑ UBC/IBC
❑ Layne Otteson
❑ Police Rep.
❑ Mary Smith
❑ Stacy Stromberg
Engineering Issues:
❑ Drainage
❑ Utilities
❑ Curbing requirements
❑
Fire Issues:
❑ Truck access
❑ Sprinkler requirements
❑ Hydrant location
AJO
Development Review Committee Worksheet
Address: 1631 Rice Creek Road Land Use Case # VAR #03-17
❑ Paul Bolin
❑ Scott Hickok
❑ Layne Otteson
❑ Grant Fernelius
❑ Dave Jensen
❑ Police Rep.
❑ Kevin Hanson
Julie Jones
❑ Mary Smith
❑ Steph Hanson
❑ Ron Julkowski
❑ . Stacy Stromberg
❑ Jon Haukaas
❑ Ralph Messer
❑ UBC/IBC
Planning Issues:
Engineering
Issues:
o Setbacks
❑ Lot coverage
❑ Allowable square footage
❑
❑
❑
Drainage
Utilities
Curbing requirements
❑ Height
❑ Landscape
❑ Hardship statement/narrative
❑
❑
Fire Issues:
Building Issues:
❑
❑
❑
Truck access
Sprinkler requirements
Hydrant location
❑ UBC/IBC
❑
Stipulations:
Comments:
Name: Date:
Address: 1631 Rice Creek Road
Land Use Case # VAR #03-17
❑ Paul Bolin
❑ Scott Hickok
❑ Grant Fernelius
❑ Dave Jensen
❑ Kevin Hanson
❑ Julie Jones
Ron Julkowski
❑ Steph Hanson
Jon Haukaas
o
❑ Ralph Messer
Planning Issues:
❑ Setbacks
❑ Lot coverage
❑ Allowable square footage
❑ Height
❑ Landscape
❑ Hardship statement/narrative
Building Issues:
❑ UBC/IBC
Stipulations:
Comments:
❑ Layne Otteson
❑ Police Rep.
❑ Mary Smith
❑ Stacy Stromberg
Engineering Issues:
❑ Drainage
❑ Utilities
❑ Curbing requirements
_Fire Issues:
❑ Truck access
❑ Sprinkler requirements
❑ Hydrant location
Name: Date:
Develo ment Review Committee Worksheet
Address: 1631 Rice Creek Road
Land Use
Case # VAR #03-17
❑ Paul Bolin ❑
Scott Hickok
❑ Layne Otteson
❑ Police Rep.
Grant Fernelius ❑
Dave Jensen
❑ Mary Smith
❑ Kevin Hanson ❑
Julie Jones
Ron Julkowski
❑ Stacy Stromberg
❑ Steph Hanson ❑
❑ Jon Haukaas ❑
Ralph Messer
Planning Issues:
❑ Setbacks
❑ Lot coverage
❑ Allowable square footage
❑ Height
❑ Landscape
❑ Hardship statement/narrative
W
Building Issues:
❑ UBC/IBC
❑
Stipulations:
Comments:
Engineering Issues.
❑ Drainage
❑ Utilities
❑ Curbing requirements
❑
Fire Issues:
❑ Truck access
❑ Sprinkler requirements
❑ Hydrant location
Name: .
Date:
Development Review Committee Worksheet
Address: 1631 Rice Creek Road
Land Use Case # VAR #03-17
❑ Paul Bolin ❑
Scott Hickok
❑ Layne Otteson
❑ Grant Fernelius
Dave Jensen
❑ Police Rep.
❑ Kevin Hanson ❑
Julie Jones
❑ Mary Smith
❑ Steph Hanson ❑
Ron Julkowski
❑ Stacy Stromberg
❑ Jon Haukaas ❑
Ralph Messer
Planning Issues:
o Setbacks
o Lot coverage
❑ Allowable square footage
❑ Height
❑ Landscape
❑ Hardship statement/narrative
0
Stipulations:
Comments:
Name:
Engineering Issues:
❑ Drainage
❑ Utilities
❑ Curbing requirements
❑
Fire Issues:
❑ Truck access
❑ Sprinkler requirements
❑ Hydrant location
Date:4�
,�
4 .. Development Review Committee Worksheet
Address: 1631 Rice Creek Road
Land Use Case # VAR #03-17
tzOOOPOaul Bolin
❑ Scott Hickok
❑ Grant Fernelius
❑ Dave Jensen
❑ Kevin Hanson
❑ Julie Jones
o Steph Hanson
o Ron Julkowski
❑ Jon Haukaas
❑ Ralph Messer
Planning Issues:
❑ Setbacks
❑ Lot coverage
❑ Allowable square footage
❑ Height
❑ Landscape
gCHardship statement/narrative
❑ NO
Building Issues:
❑ UBC/IBC
❑
❑ Layne Otteson
❑ Police Rep.
❑ Mary Smith
❑ Stacy Stromberg
Enaineerina Issues:
o Drainage
❑ Utilities
o Curbing requirements
Fire Issues:
o Truck access
❑ Sprinkler requirements
❑ Hydrant location
El
Stipulations:
2— 1e,, -e- — c� o
Comments:
Name:
Date:
d
Address: 1631 Rice Creek Road
Land. Use Case # VAR #03-17
❑ Paul Bolin
❑ Scott Hickok
❑ Grant Fernelius
❑ Dave Jensen
❑ Kevin Hanson
❑ Julie Jones
❑ Steph Hanson
❑ Ron Julkowski
❑ Jon Haukaas
❑ Ralph Messer
Planning Issues:
❑ Setbacks
❑ Lot coverage
❑ Allowable square footage
❑ Height
❑ Landscape 4
H rdship s a ement/narrative
xi
Building Issues:
❑ UBC/IBC
Stipulations:
❑ Layne otteson
❑ Police Rep.
❑ Mary Smith
Stacy Stromberg
Engineering Issues:
❑ Drainage
❑ Utilities
❑ Curbing requirements
Fire Issues:
❑ Truck access
❑ Sprinkler requirements
❑ Hydrant location
Name:
Date:
J�
®a"�
PHILLIP5 Architects & Contractors, Inc.
June 26, 2003
Mr.. Scott Hickok
Community Development Director
City of Fridley
6431 University Avenue
Fridley, MN 55432 Via FAX: 763-571-1287
RE: Jameo Kiewel Variance Application
Dear Mr. Hickok:
I am concerned with the many varied answers I have gotten regarding the above application. When you and I last talked, I
was assured *you that an application for Mr.. Kiewel which included a variance to a maximum Square footage in the
garage of 1,400 square feet would be favorably recommended by the city Staff. We di5cu55ed the fact that the garage
addition wao at a different level from the current garage, but had a otair in the current garage which led into the new
addition. Thio interconnecting Stair allowed you to claoeify the addition a5 part of the current garage for zoning i5oueo.
We di5cu55ed the fact that thio allowed Mr. Kiewel to apply for a variance if he kept the Square footage to a maximum of
1,400 oquare feet and avoid a special use permit application. You even ouggeoted that the hardship which you would
approve would be the change in the building code which allowed larger residential garageo. When I withdrew Mr.. Kiewel'5 laot
application and reduced hio requeoted square footage to 1,400,1 had your aoeurance thio application would be acceptable
not be controversial.
For the record you may rely on the following repreoentationo ao certified by a thio licenoed architect:
The garage addition ao oubmitted io connected to the current garage space by an internal garage
Stair. It ie not neceooary to enter the house or go outside to go between the two garage levelo.
2. The garage square footage io calculated by me in the otandard method used for building area
calculationo and doeo not exceed 1,400 square feet.
1 would aok you to review thio matter and allow the variance application to proceed ao we previouoly di5cu55ed. If it io otill
neceooary to meet I am available. Thank you for your time.
Very truly
HI If 5 robitects & Contractors, Inc.
avid A. Phillipe
e51dent Architect'o Registration # 17387
1250 Eaot Moore Lake Drive, Suite 205, Fridley, MN 55432 PH (763) 571-1911 Fax (763) 571-3112
pac®phillipea rchitecto.com
PHILLIPS Architects & Contractors, Inc.
June 26, 2003
Mr.. Scott Hickok
Community Development Director
City of Fridley
6431 University Avenue
Fridley, MN 55432
RE: James Kiewel Variance Application
Dear Mr. Hickok:
As discussed this morning at about 11:45 AM I am enclosing additional plans which show the existing stair in Mr. Kiewel's
garage and the connection to the additional garage space. I hope this clears up any issues regarding the garage space.
Also, as discussed, the current space under the existing garage is about 62" high and does not qualify as habitable space.
I personally would classify the space as a mechanical crawl space. I am restating below my certifications from my earlier
letter regarding the garage variance application.
For the record you may rely on the following representations as certified by a this licensed architect:
The garage addition as submitted is connected to the current garage space by an internal garage
stair. It is not necessary to enter the house or go outside to go between the two garage levels.
2. The garage square footage is calculated by me in the standard method used for building area
calculations and does not exceed 1,400 square feet.
I hope that these additional drawings and statements clear up any confusion regarding the connection of the garage
spaces. Please let me know if you require any further information. Thank you for your time.
Very truly
& Contractors, Inc.
A.
1250 East Moore Lake Drive, Suite 205, Fridley, MN 55432 PH (763) 571-1911 Fax (763) 571-3112
pac@phillipsa rchitects.com
PHILLIPS Architects & Contractors, Inc.
June 26, 2003
Mr.. Scott Hickok
Community Development Director
City of Fridley
6431 University Avenue
Fridley, MN 55432
RE: James Kiewel Variance Application
Dear Mr. Hickok:
Per your directions, we have redrawn the plans for the Kiewel addition to have a lower garage addition of no more than 816
square feet using exterior dimensions. You have instructed us to use all of the interior wall when calculating the square
footage for the additional garage space. The revised plans show the outside dimensions of 22'X 37' for a total of 814
square feet. The revised plans are calculated by your method and not per the building code definition. We are using your
determination of 576 square feet for the current garage space. The total Square footage for the garage Space is 1390
square feet which is 2 Square feet less than the 1,392 Square feet previously approved. Please let me know if you require
any additional information in order to process thio variance application.
Thank you for your time.
Very truly youro,,
President
Cors, Inc.
1250 East Moore Lake Drive, 5ulte 205, Fridley, MN 55432 PH (763) 571-1911 Fax (763) 571-3112
pac@phillipsarchitects.com
Arid
G7YOF
FRIDLEY
FRIDLEY MUNICIPAL CENTER - 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 - (763) 571-3450 - FAX (763) 571-1287
June 30, 2003
David Phillips
1250 E. Moore Lake Drive #205
Fridley MN 55432
Dear Mr. Phillips:
Per Minnesota Statute 15.99, local government units are required to notify land use
applicants within 10 working days if their land use applications are complete. We
officially received your application for a variance on June 20, 2003. This letter serves to
inform you that your application is complete.
Your Variance application hearing and discussion will take place at the City of Fridley
Appeals Commission Meeting on July 23, 2003 at 7:30 P.M. in the City Council
Chambers at 6431 University Avenue. If you variance application needs to be reviewed
by the City Council, the meeting will be held on August 11, 2003 at 7:30 in the City
Council Chambers.
If you have any questions regarding this letter or the process, please feel free to contact
me at 763-572-3595.
Sincerely,
Stacy St mberg
Planner
C-03-85
CITY OF FRIDLEY
6431 UNIVERSITY AVENUE ,
FRIDLEY, MN 55432
(763) 572-3592
COMMUNITY DEVELOPMENT DEPARTMENT
VARIANCE APPLICATION FOR:
Residential Commercial/Industrial Signs
PROPERTY INFORMATION: (site plan required for submittal, see attached)
Address: 1(c;::51 F-1 c f-� P -0/\'D
Property Identification Number:
Legal Description: Lot s Block Tract/Addition �AAO 1 l c (L- S -Sctg Z2-
d -f F- r--- 1465Por-lT mz— s -rt -i r--- F-- jj� e�- q D F --mor
�T all ��� S � 2,1-1; S I�� I`-eT- .-to X\iq � lit\Ar i- JT QQ F-�- T I -
Current Zoning: Square Footage/acreage:,
Reason for Variance: ?--D550 e F -s
T -t` T T C T1 F- 5 -7 T�7T a
Have you operated a business in a city which required a business license?
Yes No If Yes, which City?
If Yes, what type o business?
Was that license ever denied or revoked? Yes No
.Ynb../W... /../YM/b/.I.V iV /V /�IIV /r/Y/VIr.VIV IYA/IIn/V 1VIV.V IV iVA/IVIVtiN/�I.Ww.I.//V/VIV /Y/V/V.V /.//-NN.V AHA./NIVIY/VI V/V �VI�I�Y.Y/V/V.V.Y�V�✓A1/V.V AV.V rYIV.V
FEE OWNER INFORMATION (as it appears on the property title)
(Contract p rchasers: Fee owners must sign this form prior to processing.)
NAME: 1 r-- VU F - L -
ADDRESS: POAV
DAYTIME PHONE: 103-5 SIGNATURE/DATE;—2u 0-2
rrrrr.r.�rnr.�rw�r�rwrnnr.r.�rwrwr�r�rnnwrti.rr�rr�rw.rwnwrwrr�r�rrr�.r^rtiwrr�rrvr�rr�r�.wrrr�wlr�.w.wrr�rwr�.riw.rrrr�rw..rrr�rrr�rrnrtirr�rnrrirwrwywu�rwrwrrr.rwrwrr.rw.
PETITIOIJER INFORMATION -
NAME: , VIP %6c- , alLtt S
ADDRESS: I2-50 r M Q®C4- C- L, 14�- C-- . tVr—„6- U
DAYTIME PHONE: 1 `-'-5`T I - II tj SIGNATURE/DATE:
•rr.rr�.r�rrrr�..�rrrr�rw.r�r.�rw.r�rr.rwr.�r�.rnrr.rrrrrnr....i+rrrw..r.�r.rr�rr�r.�rwr..r�rrr.r..rnrr.r�rnrn.�.�..�rr�rtirrnrrrrrw.nrw��rrrrr�r�riv�rwrrrwr�rrr�.rr�.nrnrr�rr�rwrti
Section of City Code:
FEES
Fee: $100.00 for commercial, industrial, or signs:
Fee: $60.00 for residential p o ernes v re -Z Receipt #: Received By:
Application Number: e
Scheduled Appeals Commissio Date: k ®3
Scheduled City Council Date: -0,&A
10 Day Application Complete No ' ication Date: 01 -�PL6-0 3
60 Day Date: -�Oda
N
VARIANCE APPLICATION
SUBMISSION CHECKLIST
The following shall be the minimum submission requirements to the Appeals
Commission. Applications will not be accepted if the following is not submitted:
RESIDENTIAL:
ITEM
SUBMITTED
RECEIVER'S
COMPLETE
REVIEWER'S
INITIALS
INITIALS
Completed application, with fee
(Application is considered complete if
all blanks are completed, and both fee
owner and petitioner have signed.)
Scaled certificate of survey, by a
certified surveyor, of property showing
north arrow, existing and proposed
structures, lot and block number,
adjacent street names, and buildings
on adjacent lots within 10 feet of the
common lot lines.
Elevation of building and description of
materials.
Narrative of proposed building, and
summary of hardship.
COMMERCIAL AND INDUSTRIAL:
ITEM
SUBMITTED
RECEIVER'S
COMPLETE
REVIEWER'S
INITIALS
INITIALS
Completed application, with fee
(Application is considered complete if
all blanks are completed, and both fee
owner and petitioner have signed.)
Scaled certificate of survey, by a
certified surveyor, of property showing
north arrow, existing and proposed
structures, lot and block number,
adjacent street names, and buildings
on adjacent lots within 10 feet of the
common lot lines.
Elevation of building and description of
materials.
Landscape plan for all projects
requiring a parking lot expansion of
four 4 or mores aces.
Grading and drainage plan.
Erosion control plan.
m&gpeHuac\P w +Jm Pla ndw,06/2712003 01:00:56 FM DeolonJt750(cmak«p5
) M�/.§ill I
2� ■ ) .
� ' |■ -
r—r'l-, \ | | 2 m@n3CREEK ROAD
.REY MNNE50T
X:\Klewel House\DwV\Jim-ElevatlonsJwg, 06/27/2003 01:02:01 PM, DeslrJet 750C C3196A pc3
O
79
m
Fn
D
Z
m
m
r
rn
9
O
z
rn
« III I s
> P.1111
o
YEN
i 1631 RICE CREEK ROAD
F FRIDLEY, MINNE50TA
X:\Kiewel House\Dwgs\Jim-?Ian.dwg, 06/27/2003 01:01:09 PM, DeSlgnJet 750C C3196A.pc3
Et
1631 �
MMNEWTAD
FROL
Variance Request
#03-17
�1
CITY OF FRIDLEY PUBLIC HEARING NOTICE
BEFORE THE APPEALS COMMISSION
TO:
Residents within 350 feet of 1631 Rice Creek Road NE
CASE NUMBER:
VAR #03-17
APPLICANT.
David A. Phillips
Phillips Architects & Contractors, Inc.
1250 East Moore Lake Drive NE, #205
Fridley, MN 55432
Petitioner or representative must be at meeting.
PURPOSE:
1. To increase the maximum size of a first accessory structure
from 1,000 square feet to 1,390 square feet; and
2. To allow an accessory structure to exceed 100% of the first
floor area of the dwelling unit;
To allow the construction of a 22 foot by 37 foot addition to the
existing garage — Fridley Code Section 205.07.01.B.(4).((a))
LOCATION OF
PROPERTY.
1631 Rice Creek Road NE
LEGAL
DESCRIPTION:
The East 145 feet of the South 190 feet of Lot 6, Auditor's
Subdivision No. 22, except road, subject to easement of record
DATE AND TIME
Appeals Commission Meeting, Wednesday, July 23, 2003, at
OF HEARING:
7:30 p.m.
The Appeals Commission meetings are televised live the night of
the meeting on Channel 17.
PLACE OF HEARING:
Fridley Municipal Center, City Council Chambers
6431 University Avenue
HOW TO
1. You may attend hearings and testify.
PARTICIPATE:
2. You may send a letter before the hearing to Paul Bolin,
Planning Coordinator, or Stacy Stromberg, Planner, at 6431
University Avenue N.E., Fridley, MN 55432 or fax at 763-571-
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 763-572-3500 no later than
July 16, 2003. (TDD 763-572-3534)
ANY QUESTIONS:
Contact Paul Bolin, Planning Coordinator, at 763-572-3599, or
Stacy Stromberg, Planner, at 763-572-3595.
Mailing Date: July 11, 2003
BARRETT TERRENCE P & LAURIE B BENJAMIN ROBERT O & DAWN M CHINCHOY EDWARD W & J H
1632 RICE CREEK RD NE 1670 CAMELOT LN NE 6240 STINSON BLVD NE
FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432
CURREN SIDENT
Bad Addre 1
FRIDL 0
G HAN I M I RZA M& LALA R
1660 CAMELOT LN NE
FRIDLEY,MN 55432
HARSTAD KEITH & DIANE N
2195 SILVER LK RD
NEW BRIGHTON,MN 55112
KIEWEL JAMES
1631 RICE CREEK RD NE
FRIDLEY,MN 55432
MARTINSON JOHN C & JUDITH A
1640 CAMELOT LN NE
FRIDLEY,MN 55432
PITNEY KURT M & VICKIE L
1651 CAMELOT LN NE
FRIDLEY,MN 55432
SCHMIDTZ MARVIN J
1616 RICE CREEK RD NE
FRIDLEY,MN 55432
VESCIO TIMOTHY J
1619 RICE CREEK RD NE
FRIDLEY,MN 55432
FOLLINGSTAD LAMOINE D & L
1626 RICE CREEK RD NE
FRIDLEY,MN 55432
GOVOENT JOHN G JR & D F
1610 RICE CREEK RD NE
FRIDLEY,MN 55432
JOHANNS DONALD & DONNA M
1620 RICE CREEK RD NE
FRIDLEY,MN 55432
KMETZ LORI J & CYNDI J
1630 RICE CREEK RD NE
FRIDLEY,MN 55432
MEHTA LATIKA & NATH MAHENDRA
1613 RICE CREEK RD NE
FRIDLEY,MN 55432
PRASEK RONALD A & JENNIFER
1681 CAMELOT LN NE
FRIDLEY,MN 55432
SKOE DAVID M
1627 RICE CREEK RD NE
FRIDLEY,MN 55432
WARGO ANDREW J & SALLY J
1621 RICE CREEK RD NE
FRIDLEY,MN 55432
FRANEK JOSEPH E & HEIDI A
1619 WOODSIDE CT NE
FRIDLEY,MN 55432
GRAHEK KRISTINE E
1680 CAMELOT LN NE
FRIDLEY,MN 55432
JOHNSON LESLIE H & JANET A
1661 CAMELOT LN NE
FRIDLEY,MN 55432
LECUYER ROBIN R & GARCIA MARK
1690 CAMELOT LN NE
FRIDLEY,MN 55432
MORRISSEY CYNTHIA A
1629 WOODSIDE CT NE
FRIDLEY,MN 55432
ROSSI HAL H & MELODEE R L
6250 STINSON BLVD NE
FRIDLEY,MN 55432
TURGEON THOMAS A & NATALIE
1650 CAMELOT LN NE
FRIDLEY,MN 55432
WRIGHT JAMES A & DEBRA J
1691 CAMELOT LN NE
FRIDLEY,MN 55432
COMMUNITY DEVELOPMENT
ZBIKOWSKI WILLIAM A & D M DAVID A PHILLIPS CITY OF NEW BRIGHTON
1671 CAMELOT LN NE 1250 E MOORE LAKE DR #205 803 OLD HIGHWAY 8 NW
FRIDLEY,MN 55432 FRIDLEY MN 55432 NEW BRIGHTON MN 55112
GNOF
FRIDLEY
FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 • (763) 571-3450 • FAX (763) 571-1287
---Letter VIA FAX ---
Original To Follow
June 10, 2003
Mr. David Phillips
Phillips Architects & Contractors, Inc.
1250 East Moore Lake Drive, Suite 205
Fridley, MN 55432
Dear Mr. Phillips:
This letter is in regards to a possible garage expansion at the Kiewel residence in
Fridley. More specifically, this letter is to clarify the action steps necessary to move
forward with the garage expansion.
As you are aware, the City is in possession of an active variance request. Due to State
Statute 15.99, staff will need to place this request before the appeals commission with
their recommendation of denial, unless a letter of withdrawal is received by 4PM on
Friday June 13, 2003.
Because you have had a number of phone conversations with different planning staff
members, staff would like to clarify the code requirements for you in writing. The code
requires that the total of all accessory structures not exceed 1,400 sq. ft. in size. The
code also states that the square footage of the primary garage not exceed 1,000 sq. ft.
in size. Additionally, the code requires a special use permit for any second accessory
structure.
If you and your client view the added garage space as an expansion of the existing
garage, you are limited to 1,000 sq. ft. in total size. If the added garage space is
viewed as a separate, second accessory structure, a special use permit must be
obtained prior to the issuance of a building permit.
To construct the garage with nothing more than building permit review, the existing
garage would need to be expanded to a size not exceeding 1,000 sq. ft.. It is always
staffs preference to see a solution designed that does not require a variance.
If you have any questions concerning the code, the variance process or the special use
permit process; please feel free to contact Stacy Stromberg at 572-3595.
Sincerely,
Scott Hickok, AICP
Community. Dev. Director
• PB
C-03- %j'
.---
Paul Bolin, AICP
Planning Coordinator
Stacy S r mberg
Planner
I
Clllf OF
FRIDLEY
FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 • (763) 571-3450 • FAX (763) 571-1287
April 21, 2003
David Phillips
1250 E. Moore Lake Drive
Suite 205
Fridley MN 55432
Dear Mr. Phillips:
Per Minnesota Statute 15.99, local government units are required to notify land use
applicants within 10 working days if their land use applications are complete. We
officially received your application for a variance on April 11, 2003. This letter serves to
inform you that your application is complete.
Your Variance application hearing and discussion will take place at the City of Fridley
Appeals Commission Meeting on May 14, 2003 at 7:30 P.M. in the City Council
Chambers at 6431 University Avenue. If you variance application needs to be reviewed
by the City Council, the meeting will be held on June 9, 2003 at 7:30 in the City Council
Chambers.
If you have any questions regarding this letter or the process, please feel free to contact
me at 763-572-3595.
Sincerely,
Stacy Stromberg
Planner
cc: James Kiewel
1631 Rice Creek Road
Fridley MN 55432
C-03-57
CINOE
FRIDLEY
FRIDLEY MUNICIPAL CENTER - 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 - (763) 571-3450 - FAX (763) 571-1287
May 12, 2003
David Phillips
Phillips Architects & Contractors, Inc.
1250 East Moore Lake Drive
Suite 205
Fridley MN 55432
Dear Mr. Phillips:
This letter is in regards to your Variance request, VAR #03-12.
At your request for an extension, the City is exercising it's right to extend the 60 day
agency action rule until August 9, 2003.. In order for the City to act upon your request
within the 60 -day extension timeframe, your new application will need to be submitted
to the City by June 6, 2003. If your application is received by that date, your variance
application hearing and discussion will then take place on July 9, 2003. If your
application needs to be reviewed by the City Council, the meeting will be held on July
28, 2003 in the City Council Chambers.
If you have any questions, please feel free to contact me at 763-572-3595.
Wr
iely,
Stacy S r mberg
Planner
cc: James Kiewel
1631 Rice Creek Road
Fridley MN 55432
JUN -18-2003 13:11 FROM:
TO:763 571 1287 P.001/001
PHILLIPS Architecto & Contractore, Inc.
6 ..
June 18, 2003
Mo. Stacy 5tromberg
Plainer
City of Fridley
6431 University Avenue
Fridley, MN 55452
FAX: 763-571-1287
RE: James Kiewel Variance Applicatlon
Dear Me. 5tromberg:
This letter will confirm our decision to withdraw our current variance application and resubmit on Frldoy, June 20.
It is our understanding that our application fee can be carried over to our new submlttal. If this is different,
please notify us.. Per various dlsousolono with the City of Fridly planning staff, we have revised our plan.
If our plans. were to change we will advlse you. Please contact me if you have any questions..
Thank you
Very truly yours,
PHILLI Archit Conti ore, Inc.
5. Joseph Toufar
Project Manager
1250 East Moore Lake Drive, Suite 205, Fridley, INN 55432 PH (763) 571-1911 Fax (763) 571-3112
pac6phillipearch items.com
PH I LLI P5 Arch itecto & Contractors, Inc.
June 13, 2003
Ms. Stacy 5tromberg
City of Fridley ❑ Planning Department
6431 University Ave.
Fridley, MN
55432
RE: Kiewel Residence
Variance Application VAR #03-12
1631 Rice Creek Road
Via Fax (763) 571-1287
Dear Ms. 5tromberg,
As the applicant, PHILLIP5 Architects requests an additional extension of the time for hearing
of the variance application noted above. After the many discussions of this week we will be
submitting revised plans to reduce the requested variance from a total requested size of
1,822 square feet to a revised total requested square feet of 1,400 from the allowable
1,000 garage size. These revised pians will be submitted next week. Please advise uo of the
meeting schedule after receiving the revised plans.
Please call if you have any questions. I am mailing the original of this letter.
Very truly
is & Contractors, Inc.
A. Phillips
President
1250 East Moore Lake Drive, Suite 205, Fridley, MN 55432 PH (763) 571-1911 Fax (763) 571-3112
par,C@phillipoarr,hitecto.com
PHILLIPS Architects & Contractoro, Inc.
May 8, 2003
Ms. 5tacy 5tromberg
City of Fridley 0 Planning Department
6431 University Ave.
Fridley, MN
55432
RE: Kiewel Residence
Variance Application VAR #03-12
1631 Rice Creek Road
Via Fax (763) 571-1287
Dear Ms. 5tromberg,
As applicant I would like to requeot an extension and postponement until the June 2003
meeting. I understand this will be up to a 60 -day extension from the original 60 -day time ao
per state law.
Please call if you have any questions. I am mailing the original of this letter.
Very truly yours,
nuAi I 119c
;+- 4- ac COntraGCWI W, X"Ll.
1250 East Moore Lake Drive, 5uite 205, Fridley, MN 55432 PH (763) 571-1911 Fax (763) 571-3112
pac@phillip5architect5.com
CITY OF FRIDLEY
6431 UNIVERSITY AVENUE
FRIDLEY, MN 55432
(763) 572-3592
COMMUNITY DEVELOPMENT DEPARTMENT
VARIANCE APPLICATION FOR:
Residential Commercial/Industrial
Signs
PROPERTY I FORMATION: (site plan required for submittal, see attached)
Address: /j-�;7 C G1ZI P- It— 2-0AiD
Property Identification Number:
Legal Description: Lot Block Tract/Addition o -SU
-...eD vi 6 1 A t> 1 1-0 cv." LA a ' 5 L-tqj .pqA-,,
\cjLy
Current Zoning: Square, Footage/acreage: ry r-'�
. w&
Reason for Variance:
PNT Ac H50-:F� -PS
Have you operated qbpsiness in a city which required a business license?
Yes No If Yes, which City?
If Yes, what type of usiness?
Was that license ever denied or revoked? Yes No
I.VA••V.Vw/I�IIV•V../.�I.AI/.IM./4IV1VwIIY/OeIYMM�sM/Y/V
I..
W.V.V 1V A/.Y.V.�I.V •V.V../IV../.v.Y1Y.V/VA/Irti.V---- —IY1\IM.Y•V•\/.V MyI�IA.IIVIVIY/YIV.n./V.V.V.V
FEE OWNER INFORMATION (as it appears on the property title)
(Contract purchasers: Fee owners must sign this form prior to processing.)
NAME: , S '1 - W C L- -_
ADDRESS: W2, I IZ1c,.
DAYTIME PHONE. -7L,22 -S-717- SIGNATURE/DATE: iy
-4
/V.VA./.V.VIr^I/r.V.VAI/IV I1.IV.V /V.�/IV/V.VIrN/�IIVA/A1I/VIVI�IIVN/V/ViV 1V.VIVI�1/�11 V/V.V I.11V/V/r/YNAYAII�/IYW IVN.YIVIY/V.VIVIVIV�YIAI.Y1/V /YIVAIMAI/VIV /YI\I/�I
PETITIONER INFORMATION
NAME: a AVI - W -L-1r5
ADDRESS: 2 -GQ F . o b P -L , �- • S' -d Ze��
DAYTIME PHONE: Icj I SIGNATURE/DATE
TV
I®
.Y-------
Ir/VMM.V.V --------------- NIV•VIV---- N.V.A..V.r/IIAIAIAe/
Section of City Code:
FEES 7
Fee: $100.00 for commercial, industrial, or signs:
-
Fee: $60.00 for residential properties: Receipt #: 1 eceived By:
Application Number: t - C'L
Scheduled Appeals Commission Date: 06'6
Scheduled City Council Date: —50 o
10 Day Application Complete Not! f ation Date: U
60 Day Date: 9-6(
CJ
4
VARIANCE APPLICATION
SUBMISSION CHECKLIST
The following shall be the minimum submission requirements to the Appeals
Commission. Applications will not be accepted if the following is not submitted:
RESIDENTIAL:
ITEM
SUBMITTED
RECEIVER'S
COMPLETE
REVIEWER'S
INITIALS
INITIALS
Completed application, with fee
(Application is considered complete if
all blanks are completed, and both fee
owner
and petitioner have signed.)
Scaled site plan of property. showing
north arrow, existing and proposed
structures, lot and block number,
adjacent street names, and buildings
on adjacent
lots within 10 feet of the common lot
lines.
Elevation of building and description of
X
materials.
Narrative of proposed building, and
summary of hardship.'
COMMERCIAL AND INDUSTRIAL:
ITEM
SUBMITTED
RECEIVER'S
COMPLETE
REVIEWER'S
INITIALS
INITIALS
Completed application, with fee
(Application is considered complete if
all blanks are completed, and both fee
owner and petitioner have signed.)
Scaled site plan of property showing
north arrow, existing and proposed
structures, lot and block number,
adjacent street names, and buildings
on adjacent lots within 10 feet of the
common lot lines.
Elevation of building and description of
materials.
Landscape plan for all projects
requiring.a parking lot expansion of
four 4 or mores aces.
Grading and drainage plan.
Erosion control plan.
Calculations for stormwater runoff.
PHILLIPS Architects & Contractors, Ltd. ` April 11, 2003
James Kiewel Residence Page 1
Variance Request
Narrative for:
Variance to increase the Size of an accessory use
r°
i'
Kiewel Keeidence
1631 Rice Creek Road
Fridley, MN 55432
Background
Mr. Kiewel has an existing home at 1631 Rice Greek Road with an attached garage of 552
square feet. He has hired PHILLIPS Architects to design an addition consisting of a family
room, master suite, den and powder room, level with the existing first floor of the house. The
lower level of this addition will be an attached heated garage and workshop space. The floor
area of the proposed garage without the stairs and vestibule is approximately 1340 square
feet.
Proposed Use
The use will remain as a single family residence consistent with the R-1 zoning.
Variance Re u� est
Section 205.07 of the Fridley code specifies a maximum of 1,400 square feet for all
accessory uses (buildings) in the R-1 district. Mr. Kiewel is requesting variance to have a total
of 1,822 square feet as garage/workshop, all attached and integral to the single main
structure. This is a requested increase of 422 square feet. The current garage is
approximately 550 square feet exclusive of the stair. The additional garage area will be a tuck
under entered f rom an existing driveway leading to the rear yard. It is designed to be part of
the main structure and be consistent with the exterior finishes. The driveway will have new
concrete pavement as part of the project. Please refer to the submitted plans.
A hardship exists with this lot in the nature of the extreme oversize of the single family lot and
the under utilization of the property. The lot is approximately 2.5 times the current
IHILLIN5 Architects & Contractors, Ltd.
James Kiewel Residence
` Variance Request,
April 11, 2003
Page 2
requirement for an K-1 lot (22,300 5F vS. 9,0005F). It to almost twice ao wide (145' Vo 75')
ao required fora Single family home in Fridley. The house location prevents Subdividing into two
lots. The current house i5 too Small for the property and will be modernized and enlarged to be
consistent with other new homes and the extremely large lot which the house io Situated on.
Mr. Kiewel will remove the three existing freestanding Storage buildings currently located in the
rear yard ao part of the approval of thio request.
Thio request iS unique because even after the requested addition the Structure will cover only
15.3% ( 3,550 / 23,200 5F net of the Street) of the lot area. Thio is considerably less than
the 25% coverage allowed by the zoning ordinance. Unlike many other variance requests, Mr.
Kiewel'S does not require other variances such ao Side yard, rear yard, lot coverage, etc. that
would accompany a Similar request made for a house Situated on a Standard lot. These
circumstances are unique to thio application due to the Size of the lot.
f HILLIF5 Architects on behalf of Mr. Kiewel respectfully requests the approval of thio variance
request.
il
X:\Klewel House\Dwgs\JIm-Flan.dwg, 04/11/2003 08:21:28 AM, DesignJeb 7500 C3196A.pc3
Ii
(
NOSIP mom nmommm
Jill lam
�1� ►- 1631 RICE CREEK ROAD
FRIDLEY, MINNESOTA
X:\Klewel House\Dwgs\Jim-Elevatlons.dwg, 04/11/2003 0&2328 AM, Deslwjet 750C C319GA.pc3
91
a
8
r 1631 RICE CREEK ROAD
FRIDLEY. MINNEWTA
m
X:\Kfewel House\Dwgs\Jfm-Plan.dwg, 041,1112003 08:23:48 AM, DesfgnJet 750C C3196A.pc3
gill a gill 11 s 1
MOM NIROMME
1631 a3 �ICDLEY. NNEWTAD
XArJewel House\Dwgs\Jim-Flan.dwg, 04111Y2003 0&.24:01 AM, DeeignJet 750CC319GA.pc3
011 WINJill RMBEHM
1631
FUME
RROAD
ROLEYY. MWWESO
F
CITY OF FRIDLEY PUBLIC HEARING NOTICE
BEFORE THE APPEALS COMMISSION
TO:
Residents within 350 feet of 1631 Rice Creek Road
CASE NUMBER:
VAR #03-12
APPLICANT.
David A. Phillips
1250 East Moore Lake Drive, Suite #205
Fridley, MN 55432
Petitioner or representative must be at meeting.
PURPOSE:
To increase the total square footage of accessory buildings
from 1,400 sq. ft. to 1,822 sq. ft. to allow the construction of a
39 ft. by 40 ft. attached garage and workshop
LOCATION OF
PROPERTY:
1631 Rice Creek Road
LEGAL
DESCRIPTION:
The East 145 feet and rear thereof of the South 190 feet
thereof of Lot 6, Auditor's Subdivision No. 22 (subject to
easement of record)
DATE AND TIME
Appeals Commission Meeting, Wednesday, May 14, 2003,
OF HEARING:
at 7:30 p.m.
The Appeals Commission meetings are televised live the
night of the meeting on Channel 17.
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 Paul Bolin,
Planning Coordinator, or Stacy Stromberg, Planner, at
6431 University Avenue N.E., Fridley, MN, 55432, or fax
at 763-571-1287.
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 763-572-3500
no later than May 7, 2003. (TDD 763-572-3534)
ANY QUESTIONS:
Contact Paul Bolin, Planning Coordinator, at 763-572-3599,
or Stacy Stromberg, Planner, at 763-572-3595.
ling Date: May 2, 2003