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VAR 95-151 STATE OF MINNESOTA ) APP& COMMISSION PROCEEDINGS COUNTY OF ANOKA ) 't s � � w,, , � (\ VARIANCE CITY OF FRIDLEY In the Matter of: a variance request, VAR #95-15 Owner: James M. and Nancy A. Lambert The above entitled matter came before the Appeals Commission of the City of Fridley and was heard on the 18th day of July , 19 95 , on a petition for a variance pursuant to the City of Fridley's Zoning Ordinance, for the following described pro ert To reduce the sideyard setback from 10 Teet to 4.5 feet to allow the construction of a three season porch on Lot 7, Block 1, Rice Creek Terrace Plat 3, generallly located at 389 Rice Creek Terrace N.E. IT IS ORDERED that a variance be granted as upon the following conditions or reasons: One stipulation of approval. See Appeals Commission meeting minutes of July 18, 1995. 1. The petitioner shall submit a property survey verifying the setback of the existing structure and the proposed addition. STATE OF MINNESOTA ) COUNTY OF ANOKA ) CITY OF FRIDLEY ) OFFICE OF THE CITY CLERK I, William A. Champa, City Clerk for the City of Fridley, with and in for said City of Fridley, do hereby certify that I have compared the foregoing copy and Order granting a variance with the original record thereof preserved in my office, and have found the same to be a correct and true transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at the City of Fridley, Minnesota, in the County of Anoka on the 7TH day of 19. DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 William A. Champa, City lerk ��� � ;'�`°�,� i n°goosopo ! y" S ° ie ate^ 'tg �� � { Q •'. � Variances are valid fora period of one year following approval ` ,. d. •s`, considered void if not used within that period. s >r CITY OF FRIDLEY APPEALS COMMISSION MEETING, JULY 18, 1995 CALL TO ORDER: Chairperson Savage called the JuZ Appeals Commission meeting to order at 7:34 p.m. ROLL CALL•Members Present: Diane Sava ,hle, Cathy Smith Members Absent: Ken Vo , Carol Beaulieu Others Present: Mi ele McPherson, Planning Assistant - m & Nancy Lambert, 389 Rice Creek Terrace ,/-Robert & Karen Fournier, 8095 Riverview Terrace __...._.,.� ..,•, ,.r„ nn 1AAC TDnVXT.0 rnMMTSSTON MINUTES: MOTION b Mr. Kuechle, seconded by Ms. Smith, to approve the June 20,19 5, Appeals Commission minutes as written. C II N A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED HE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING CONSIDERATION,;QF A VARIANCE REQUEST. VAR #95-15 BY JAMES AND NANCY LAMBERT Pursuant to Section 205.07.03.D.(2).(a) of the Fridley City Code to reduce the rear yard setback from 10 feet to 4.5 feet to allow construction of a three season porch on Lot 7, Block 1, Rice Creek Terrace, generally located at 389 Rice Creek Terrace N.E., Fridley, Minnesota. MOTION by Ms. Smith, seconded by Mr. Kuechle, to waive the reading of the public hearing notice and to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:35 P.M. Ms. McPherson stated the property is located at 389 Rice Creek Terrace which is north of Mississippi Street and just south of Rice Creek. The property is zoned R-1, Single Family, as are all the surrounding parcels. The petitioners are requesting a variance to reduce the side yard setback for living space from 10 feet to 4.5 feet to allow construction of a porch onto the rear of the existing dwelling. The existing dwelling is a single story rambler with a walkout basement. The petitioner did not have a verifying survey; however, it does indicate on the available drawing that there is approximately 6 feet from the APPEALS COMMISSION MEETING, JULY 18, 1995 PAGE 2 C existing dwelling to the side lot line. Ms. McPherson stated in the location of the proposed porch is an open deck which is allowed to encroach into rear and side yard setbacks. The dimensions of the deck and the subsequent proposed porch is 12 feet x 24 feet. The alternative that staff pointed out is that the petitioners could construct a smaller porch more in the middle with a deck to the side; however, the request as submitted is within previously granted requests. Therefore, staff has no recommendation. If the Appeals Commission chooses to approve the request, staff recommends the following stipulation: 1. The petitioner shall submit a property survey verifying the setback of the existing structure and the proposed addition. Ms. McPherson stated, if the Appeals Commission chooses to deny the request as submitted by the petitioner, staff recommends that the Commission approve a variance to correct the existing encroachment by the existing dwelling unit. Ms. Savage asked if staff had heard any objections from the neighbors. Ms. McPherson stated she did not receive any calls regarding this request. The proposed addition would be to the rear of the dwelling to the east and would have,,Ao impact to that neighbor. Ms. Smith asked how close the neighbor to the east was to the property line. Mr. McPherson stated she did not know. Mr. Lambert stated their house sits back on the lot and the neighbor's house sits approximately 15 feet to 20 feet in front of their current deck. Mr. Lambert stated they want to build a 12 foot x 24 foot enclosed screened porch. They now have a 12 foot x 16 foot deck. Their neighbor does not.object. The current deck is approximately 4.5 feet from the lot line. The lot itself is pie shaped. Ms. Savage asked if the petitioner was planning to build a porch where the deck is currently located. Mr. Lambert stated yes. Mainly, what they want to do is screen it in to keep out the mosquitoes, etc. Mr. Kuechle asked when the house was built.and if there was a survey. Mr. Lambert stated the house was built in 1962. They did not have a survey but did have a plot plan. Ms. McPherson stated the file does not have an as -built survey. What is being presented is a drawing of the lot with the house but it is not a survey. It is possible the measurements are not accurate. Mr. Kuechle asked if the petitioner had looked for the corner stakes. Mr. Lambert stated he was not sure where the stakes were. Mr. Kuechle stated his concern is, if the Commission approves the 4.5 feet and after getting a survey the measurement ends up being something else, then what happens. Ms. McPherson stated, if the variance is approved to 4.5 feet, the petitioner would not need to come back as long as the measurement from the lot line is 4.5 feet or greater. If the measurement is less than 4.5 feet, the petitioner would need to come back with another request. Mr. Kuechle asked if the petitioner had thought about setting this back another foot. Mr. Lambert stated this would be haVd to do because there is a room in that location with windows. It may be possible to move it somewhat and that might help the roof line. Ms. Smith asked if the neighbor to the east had a garage facing the shared lot line. Mr. Lambert stated there are bedrooms on that side. Their house sets about 15 or 20 feet closer to the street. The back of the neighbor's house is in front of the rear of their house. The corner of the porch would be at least 20 feet away from the neighbor's house. MOTION by Mr. Kuechle, seconded by Ms. Smith, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:45 P.M. Mr. Kuechle stated he would be in favor of recommending approval of the variance request. The request comes within the spirit of the code since it is setting back far enough so that it is not adjacent. He would require the stipulation of an as -built '' property survey. Ms. Savage agreed. The lot is unique in being pie shaped. She did not think there would anything unfavorable to the spirit of the code in granting this request. MOTION by Mr. Kuechle, seconded by Ms. Smith, to recommend approval of Variance Request, VAR #95-15, by James and Nancy Lambert to reduce the rear yard setback from 10 feet to 4.5 feet to allow the construction of a three season porch on Lot 7, Block 1, Rice Creek Terrace, generally located at 389 Rice Creek Terrace N.E., Fridley, Minnesota, with the following stipulation: 1. The petitioner shall submit a property survey verifying the setback of the existing structure and the proposed addition. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Lambert asked if the City did these surveys or if they would need to have this done themselves. Ms. McPherson stated the petitioner must do this themselves. She would provide the names of several qualified persons. 2. PUBLIC HEARING: CONSIDERATION OF A VARIANCE REOUEST, VAR #95-16, BY ROBERT E. & KAREN M. FOURNIER: Pursuant to Section 205.07.03.D.(1) of the Fridley Cit Code to reduce the front yard setback from 35 feet to 25 eet to allow construction of a three season porch on Lot 30, 31 and 32, Block T, Riverview Heights, generally cated at 8095 Riverview Terrace N.E., Fridley, Minnes a. MOTION by Ms. Smith, seconded by Mr. Kuech1541to waive the reading of the public hearing notice and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, IRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBL HEARING OPEN AT 7:48 P.M. Ms. McPherson stated the p erty is located at the intersection of Riverview Terrace and ZjLencoe Street. The property is zoned R-1, Single Family, as re the surrounding parcels. The petitioners are re sting a variance to reduce the front yard setback from 35 f t to 25 feet. The petitioners desire to build a 10 foot x 14 foot screened porch on the front of the existing dwelling. T' subject parcel is also located in the flood protection !strict so the petitioners are also processing a special a permit which will be reviewed by the Planning Commis 'on in August. :r4chcaddition Pherson stated the three season porch would be a typical normally found to the rear of a dwelling. It iF a 1`". DOCUMENT N0. 1178898.0 ABSTRACT ANOKA COUNTY MINNESOTA I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS FILED IN THIS OFFICE FOR RECORD ON AUG 17 9-5 AT 4:30 PM AND WAS DULY RECORDED. FEES AND TAXES IN THE AMOUNT OF $19.50 PAID RECEIPTNO. 95037070 EDWARD M. TRESKA ANOKA COUNTY PROPERTY TAX ADMINISTRATOR/RECORDER/REGISTRAR OF TITLES AH BY DEPUTY PROPERTY TAX ADMINISTRATOR/RECORDER/REGISTRAR OF TITLES Ceriilied Copy. �'+►�:. ReeaiPl # 'r ❑ Tax liens Release p a Dais/ Tl--, 8' 11 q5 0 Muill•Co. Doc. Tex Paid Doc. Order°I 0 Transfer ❑ New Checked bye /fit i Filing Recordabilitr}_ •�'f Fee., Desc. ❑ Division C] GAC —» Delinquent Pln Q Slalus �] Def. Spec. iF a 1`". DOCUMENT N0. 1178898.0 ABSTRACT ANOKA COUNTY MINNESOTA I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS FILED IN THIS OFFICE FOR RECORD ON AUG 17 9-5 AT 4:30 PM AND WAS DULY RECORDED. FEES AND TAXES IN THE AMOUNT OF $19.50 PAID RECEIPTNO. 95037070 EDWARD M. TRESKA ANOKA COUNTY PROPERTY TAX ADMINISTRATOR/RECORDER/REGISTRAR OF TITLES AH BY DEPUTY PROPERTY TAX ADMINISTRATOR/RECORDER/REGISTRAR OF TITLES CI7YOF FRIDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 • (612) 571-3450 • FAX (612) 571-1287 July 21, 1995 James and Nancy Lambert 389 Rice Creek Terrace Fridley, MN 55432 Dear Mr. & Mrs. Lambert: On July 18, 1995, the Fridley City Council officially approved your request for a variance, VAR #95-15, to reduce the rear yard setback from 10' to 4.5' to allow construction of a three season porch on Lot 7, Block 1, Rice Creek Terrace, generally located at 389 Rice Creek Terrace N.E., Fridley, MN 55432, with the following stipulation: 1. The petitioner shall submit a property survey, verifying the setback of the existing structure and the proposed addition. You have one year from the date of City Council action to initiate construction. If you cannot begin construction in time, you must submit a letter requesting an extension at least three weeks prior to the expiration date. If you have any questions regarding the above action, please call me at 572-3593. Sincerely, Michele McPherson Planning Assistant MM: da Please review the above, sign the statement below and return one copy to the City of Fridley Planning Department by August 4, 1995. Concur with action taken. i Ev I CfiYOF; CITY OF FRIDLEY FRIDLEY' COMMISSION APPLICATION REVIEW File Number File Date Meeting Date VAR #95-15 6-16-95 File Description: Petitioner: James & Nancy Lambert 389 Rice Creek Terrace Fridley, MN 55432 Complete Review Checklist; Return to The Community Development Department *** Comments *** Barbara Dacy Scott Hickok Michele McPherson l John Flora John Palacio Clyde Moravetz Leon Madsen Dave Sallman c% 0 L. r Dick Larson 389 RICE CREEK TERRACE SIDE YARD VARIANCE REQUEST DESCRUMON OF REQUEST: The petitioner requests that a variance be granted to reduce the side yard setback from 10' to 4.5' to allow construction of a porch onto the rear of the existing dwelling. A deck is located in the area of the proposed addition. SUMMARY OF ISSUES: The dwelling unit appears to be located 6' from the lot line (no survey available). The subject parcel is pie -shaped, with the narrow portion in the rear yard. The petitioner could construct a smaller addition of 12' x IT with a deck adjacent to the side lot line. This alternative would not require a variance. RECOMMENDED ACTIONS: Staff has no recommendation regarding the request as it is within previously granted requests. If the Appeals Commission chooses to approve the request, staff recommends the following stipulation: The petitioner shall submit a property survey, verifying the setback of the existing structure and the proposed addition. If the Commission denies the request, a variance should be granted to correct the existing encroachment. L PROJECT DETAILS Petition For: To reduce the side yard setback from 10' 4.5'. Location of Property: 389 Rice Creek Terrace Legal Description of Property: Lot 7, Block 1, Rice Creek Terrace, Plat 3 Size: Approximately 9,230 sq. ft. Topography: Slopes to the north, walkout on rear to creek Existing Vegetation: Typical suburban, sod & trees Existing Zoning/Platting: Rice Creek Terrace, Plat 3 Availability of Municipal Utilities: Connected Vehicular Access: Rice Creek Terrace Pedestrian Access: N/A Engineering Issues: N/A Site Planning Issues: DEVELOPMENT SITE Public Purpose: Section 205.07.03.D2.(A) requires a side yard setback of 10' between a living area and side property lines. 2 Public purpose served by this requirement is to maintain a minimum of 20' between living areas and adjacent structures and 15' between garages and living areas and adjacent structures to reduce the possibility of fire, and to allow for aesthetically pleasing open areas around residential structures. Analysis The petitioner requests that a variance be granted to reduce the side yard setback for living space from 10' down to 43. Granting the variance would allow construction of a 12' x 24' screened porch addition to the rear of the dwelling unit. The petitioner's stated hardship: "We have a deck in the same location we want to put the screen porch (12' x 24). The deck is now at 4.5' from the lot line. I could move the porch to 5% however, it would not work at 10'." Located on the subject parcel is a single story rambler with a walk -out basement. Located in the area of the proposed addition is a deck Decks are permitted by code to encroach into the side yard setback as long as the setback is not reduced below 3'. The proposed addition is located off the rear of the dwelling, and would be adjacent to the open area of the rear yard of the property located at 403 Rice Creek Terrace; the adjacent property to the east. The petitioners could reduce the size of the addition to 12' x 12' and construct an open deck along the easterly property line. This would not require a variance. The existing dwelling has a setback of approximately 6' which is not in compliance with the code requirements. Recommendation: The variance is within previously granted requests. Staff has no recommendation regarding the request. If the Commission chooses to approve the variance request, staff recommends the following stipulations: 1. The petitioner shall submit a property survey, verifying the setback of the existing structure and the proposed addition. If the Commission chooses to deny the request, staff recommends that a variance be approved to reduce the setback to 6' to bring the existing dwelling into compliance with the setback requirements. ADJACENT SITES WEST: Zoning: R-1, Single Family Land Use: Residential Dwelling SOUTH: Zoning: R 1, Single Family Land Use: Residential Dwelling EAST: Zoning: R-1, Single Family Land Use: Residential Dwelling NORTH: Zoning: R-1, Single Family Land Use: Residential Dwelling Comprehensive Planning Issues: CITY OF FRIDLEY APPEALS COMMISSION MEETING, JULY 18, 1995 CALL TO ORDER• Chairperson Savage .called the July 18, 1995, Appeals Commission meeting to order at 7:34 p.m. ROLL CALL• Members Present: Members Absent: Others Present: Terrace Diane Savage, Larry Kuechle, Cathy Smith Ken Vos, Carol Beaulieu Michele McPherson, Robert & Karen ning Assistant 9 -mice- - Creek. - Terrace , 8095 Riverview - -- APPROVAL OF JUNE 20, 1995, APPEALS COMMISSION MINUTES: MOTION by Mr. Kuechle, seconded by Ms. Smith, to approve the June 20, 1995, Appeals Commission minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING: CONSIDERATION;OF A VARIANCE REQUEST, VAR #95-15, BY JAMES AND NANCY LAMBERT Pursuant to Section 205.07.03.D.(2).(a) of the Fridley City Code to reduce the rear yard setback from 10 feet to 4.5 feet to allow construction of a three season porch on Lot 7, Block 1, Rice Creek Terrace, generally located at 389 Rice Creek Terrace N.E., Fridley, Minnesota. MOTION by Ms. Smith, seconded by Mr. Kuechle, to waive the reading of the public hearing notice and to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:35 P.M. Ms. McPherson stated the property is located at 389 Rice Creek Terrace which is north of Mississippi Street and just south of Rice Creek. The property is zoned R-1, Single Family, as are all the surrounding parcels. The petitioners are requesting a variance to reduce the side yard setback for living space from 10 feet to 4.5 feet to allow construction of a porch onto the rear of the existing dwelling. The existing dwelling is a single story rambler with a walkout basement. The petitioner did not have a verifying survey; however, it does indicate on the available drawing that there is approximately 6 feet from the APPEALS COMMISSION MEETING, JULY 18, 1995 PAGE 2 existing dwelling to the side lot line. Ms. McPherson stated in the location of the proposed porch is an open deck which is allowed to encroach into rear and side yard setbacks. The dimensions of the deck and the subsequent proposed porch is 12 feet x 24 feet. The alternative that staff pointed out is that,the petitioners could construct a smaller porch more in°the middle with a deck to the side; however, the request as submitted is within previously granted requests. Therefore, staff has no recommendation. If the Appeals Commission chooses to approve the request, staff recommends the following stipulation: 1. The petitioner shall submit a property survey verifying the setback of the existing structure and the proposed addition. Ms. McPherson stated, if the Appeals Commission chooses to deny the request as submitted by the petitioner, staff recommends that the Commission approve a variance to correct the existing encroachment by the existing dwelling unit. Ms. Savage asked if staff had heard any objections from the neighbors. Ms. McPherson stated she did not receive any calls regarding this request. The proposed addition would be to the rear of the dwelling to the east and would have,no impact to that neighbor. Ms. Smith asked how close the neighbor to the east was to the property line. Mr. McPherson stated she did not know. Mr. Lambert stated their house sits back on the lot and the neighbor's house sits approximately 15 feet to 20 feet in front of their current deck. Mr. Lambert stated they want to build a 12 foot x 24 foot enclosed screened porch. They now have a 12 foot x 16 foot deck. Their neighbor does not object. The current deck is approximately 4.5 feet from the lot line. The lot itself is pie shaped. Ms. Savage asked if the petitioner was planning to build a porch where the deck is currently located. Mr. Lambert stated yes. Mainly, what they want to do is screen it in to keep out the mosquitoes, etc. Mr. Kuechle asked when the house was built and if there was a survey. APPEALS COMMISSION MEETING, JULY 18, 1995 PAGE 3 Mr. Lambert stated the house was built in 1962. They did not have a survey but did have a plot plan. Ms. McPherson stated the file does not have an as -built survey. What is being presented is a drawing of the lot with the house but it is not a survey. It is possible the measurements are not accurate. Mr. Kuechle asked if the petitioner had looked for the corner stakes. Mr. Lambert stated he was not sure where the stakes were. Mr. Kuechle stated his concern is, if the Commission approves the 4.5 feet and after getting a survey the measurement ends up being something else, then what happens. Ms. McPherson stated, if the variance is approved to 4.5 feet, the petitioner would not need to come back as long as the measurement from the lot line is 4.5 feet or greater. If the measurement is less than 4.5 feet, the petitioner would need to come back with another request. Mr. Kuechle asked if the petitioner had thought about setting this back another foot. Mr. Lambert stated this would be hard to do because there is a room in that location with windows. It may be possible to move it somewhat and that might help the roof line. Ms. Smith asked if the neighbor to the east had a garage facing the shared lot line. Mr. Lambert stated there are bedrooms on that side. Their house sets about 15 or 20 feet closer to the street. The back of the neighbor's house is in front of the rear of their house. The corner of the porch would be at least 20 feet away from the neighbor's house. MOTION by Mr. Kuechle, seconded by Ms. Smith, to close the public_ hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:45 P.M. Mr. Kuechle stated he would be in favor of recommending approval of the variance request. The request comes within the spirit of the code since it is setting back far enough so that it is not adjacent. He would require the stipulation of an as -built property survey. APPEALS COMMISSION MEETING, JULY 18, 1995 PAGE 4 Ms. Savage agreed. The lot is unique in being pie shaped. She did not think there would anything unfavorable to the spirit of the code in granting this request. MOTION by Mr. Kuechle, seconded by Ms. Smith, to recommend approval of Variance Request, VAR #95-15, by James and Nancy Lambert to reduce the rear yard setback from 10 feet to 4.5 feet to allow the construction of a three season porch on Lot 7, Block 1, Rice Creek Terrace, generally located at 389 Rice Creek Terrace N.E., Fridley, Minnesota, with the following stipulation: 1. The petitioner shall submit a property survey verifying the setback of the existing structure and the proposed addition. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Lambert asked if the City did these surveys or if they would need to have this done themselves. Ms. McPherson stated the petitioner must do this themselves. She would provide the names of several qualified persons. 2. PUBLIC HEARING: CONSIDERATION OF A VARIANCE REOUEST, VAR #95-16, BY ROBERT E. &KAREN M. FOURNIER: Pursuant to Section 205.07.03.D.(1) of the Fridley City Code to reduce the front yard setback from 35 feet to 25 feet to allow construction of a three season porch on Lots 30, 31 and 32, Block T, Riverview Heights, generally located at 8095 Riverview Terrace N.E., Fridley, Minnesota. MOTION by Ms. Smith, seconded by Mr. Kuechle, to waive the reading of the public hearing notice and to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC BEARING OPEN AT 7:48 P.M. Ms. McPherson stated the property is located at the intersection of Riverview Terrace and Glencoe Street. The property is zoned R-1, Single Family, as are the surrounding parcels. The petitioners are requesting a variance to reduce the front yard setback from 35 feet to 25 feet. The petitioners desire to build a 10 foot x 14 foot screened porch on the front of the existing dwelling. The subject parcel is also located in the flood protection district so the petitioners are also processing a special use permit which will be reviewed by the Planning Commission in August. Ms. McPherson stated the three season porch would be a typical porch addition normally found to the rear of a dwelling. It APPEALS COMMISSION MEETING, JULY 18. 1995 _ PAGE 5 would be on stilts and adjacent to the front living room on the upper level of the split level home. Some alternatives proposed by staff included adding a bay or bow window to provide additional light into the room and expand the views toward the river. While this would not be a room addition, it would possibly serve to meet the needs of the petitioners. Ms. McPherson stated there is concern with the design of the addition. It will look like an addition typically found off the rear or the side of a dwelling. There is an aesthetic concern with the granting of a variance for this type of addition to the front. The dwelling to the south of this property is in front of the petitioner's dwelling. It was built earlier than the petitioner's dwelling; however, the remaining houses on the street do line up. Ms. McPherson stated there are four mature pine trees which separates the petitioner's property from the property to the south so, visually in terms of line of sight, there would really be no impact between the two dwellings as the trees block the line of site. Ms. McPherson stated the request is within previously granted variances; therefore, staff has no recommendation. Staff does have a concern regarding the aesthetic impact of the addition design. Ms. Savage asked if there were any objections to the request. Ms. McPherson stated she had not received any calls regarding this request. Ms. Savage asked the petitioners their reaction to the alternatives suggested and what their hardship was. Ms. Fournier stated they have a beautiful view of the river. Both she and her husband have a number of physical problems. Her husband has recently had to retire with disabilities and he has anxiety attacks from being indoors. He needs open space and with more space the better he is. She has diabetes and high blood pressure. They need space and light. Mr. Fournier stated they cannot see the river from their living room. Ms. Savage asked how long they had lived in the house. Mr. Fournier stated they have lived their since 1979. Ms. Fournier stated they have talked to their neighbors and they support the plan. The porch would stili be back from the APPEALS COMMISSION MEETING, JULY 18, 1995 PAGE 6 neighbors. Mr. Fournier stated the house to the south would not see the porch and the neighbor to the north faces the other way. Ms. Fournier stated this would not be blocking anyone's view. Ms. Savage stated one concern was the aesthetic consideration that this is an addition not usually on the front. Ms. Fournier stated the addition would blend in with the house. The addition would be brown as is the house, and the roof line would be the same. It would look nice. Mr. Fournier stated below the addition would be a slab. It would look nice. Ms. Fournier stated they have one of the best views of the river in that area. This is something they have wanted to do for years and they can now afford to do it. MOTION by Ms. Smith, seconded by Mr. Kuechle, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING CLOSED AT 7:55 P.M. Ms. Smith stated she would be inclined to vote for denial. As she drove down the street, the houses were for the most part right in line. She did not see a hardship that there is not an option to put an addition to the house. If she were to say yes for this request, it would be difficult saying no to anyone else. As much as it would be wonderful, she would be inclined to vote to deny the request. Mr. Kuechle concurred. It is a bit too much. The house is already at the setback line and to put an addition out to the front is more than what he can be comfortable with. He cannot see a hardship except wanting a good view of the river and he can sympathize with that. However, there has to be hardship and they have to stay within their constraints. He would recommend denial. Ms. Savage stated she knew how important it is to see the water and can understand the petitioner wanting to have the view. She can see this as an important part of the property and agreed that a bay window would not do the same thing. She sympathized with the petitioner's position because she feels for the petitioner to really enjoy their property it is important to have that. In any event, because there are two no votes, the request will go to the City Council for a final decision. She has mixed feelings. She APPEALS COMMISSION MEETING, JULY 18, 1995 PAGE 7 agrees with the other commissioners but she also feels, for the petitioners to completely enjoy their property, they should be able to.have the porch. She would say the hardship would be the health problems as indicated. MOTION by Ms. Smith, seconded by Mr. Kuechle, to recommend denial of Variance Request, VAR #95-16, by Robert E. & Karen M. Fournier, to reduce the front yard setback from 35 feet to 25 feet to allow construction of a three season porch on Lots 30, 31 and 32, Block T, Riverview Heights, generally located at 8095 Riverview Terrace N.E., Fridley, Minnesota. UPON A VOICE VOTE, WITH MR. KUECHLE AND MS. SMITH VOTING AYE AND MS. SAVAGE ABSTAINING, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED BY A MAJORITY VOTE. Ms. McPherson stated this request would be considered by the City Council on August 14. 3. PUBLIC HEARING: CONSIDERATION OF A VARIANCE REOUEST VAR #95-17, BY MICHAEL & LINDA WILTFANG: Pursuant to Section 205.07.03.D.(1) of the Fridley City Code to reduce the front yard setback from 35 feet to 18 feet to allow construction of a second garage Lot 2, Block 1, Parkview Manor, generally located at 5885 Tennison Drive N.E., Fridley, Minnesota. Ms. McPherson stated the petitioner has requested this request be tabled so that they make consider other options. MOTION by Ms. Smith, seconded by Mr. Kuechle, to table consideration of Variance Request, VAR #95-17, by Michael & Linda Wiltfang to the next meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. UPDATE ON PLANNING COMMISSION AND COUNCIL ACTIONS: Ms. McPherson provided an update on Planning Commission and City Council actions. ADJOURNMENT MOTION by Ms. Smith, seconded by Mr. Kuechle, to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE JULY 18, 1995, APPEALS COMMISSION MEETING ADJOURNED AT 8:04 P.M. APPEALS COMMISSION MEETING, JULY 18, 1995 PAGE 8 Respectfully submitted, it Lavonn Cooper Recording Secretary PUBLIC HEARING BEFORE THE APPEALS COMMISSION Notice is hereby given that the Appeals Commission of the City of Fridley will conduct a Public Hearing at the Fridley Municipal Center at 6431 University Avenue N.E. on Tuesday, July 18, 1995, at 7:30 p.m. for the purpose of: Consideration of variance request, VAR #95- 15, by James & Nancy Lambert, pursuant to Section 205.07.03.D.(2).(a) of the Fridley City Code to reduce the rear yard setback from 10' to 4.5' to allow construction of a three season porch on Lot 7, Block 1, Rice Creek Terrace, generally located at 389 Rice Creek Terrace N.E., Fridley, MN 55432 Any and all persons desiring to be heard shall be given the opportunity at the above stated time and place. DIANE SAVAGE CHAIRPERSON APPEALS COMMISSION Any questions related to this item may be referred to the Fridley Community Development Department, 572-3592. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than July 11, 1995. I�1 t�! (6741 i71 rw z �0 6no l4 v ( (41 1 1 451 I0! t�! I) () t 71) 41 io) t) t w 67th Avenue R ; i��(r) I�) c40) (a) 70 ( 0) t ( l ) �uu 66th Avenue N1 ( ) Imo) I�1 (374 376l 6 130 (�1 (r) ls+) t 0) 1 . {a) I(l) Its) I () I(f) t) t) I I! I(f) ht LOCATION MAP VAR #95-15 TAILING LIST ''FAILED: 6/30/95 James & Nancy Lambert City Council (6) Diane Savage 389 Rice Creek Terrace 567 Rice Creek Terrace Fridley, MN 55432 Fridley, MN 55432 Arthur & Norma Swanson Thomas & Till Kaufhold Lawrence R. Seahohn 361 Rice Creek Terrace 375 Rice Creek Terrace 403 Rice Creek Terrace Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Emory & Margaret Sohe James & Nancy Kelly Roger & Ellen Musolf 419 Rice Creek Terrace 435 Rice Creek Terrace 451 Rice Creek Terrace Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 John W. Fink Robert & Brenda Baune Marvin & Susan Hora 465 Rice Creek Terrace 6760 - 4th St. N.E. 6750 - 4th Street N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 James & Patricia Larson Dean & La Verne Olson Edith E. Martin 6740 - 4th Street N.E. 6730 - 4th St. N.E. 6720 - 4th St. N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Orion & Anita Marks Marcellus Mrozla Willis & Carol Redepenning 6710 - 4th Street N.E. 351 - 67th Ave. N.E. 360 Rice Creek Terrace Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Rosemarie O'Neill Donald & JoAnn Johnson William B. Thompson 6731 - 4th Street N.E. 6721 - 4th Street N.E. 6711 - 4th St. NE Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Tim & Ronda Seiple Richard & K.M. Saverinske Dan & Evelyn Majkrzak 375 - 67th Ave. N.E. 391 - 67th Ave. N.E. 401 - 67th AVe. N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 J. E., Jr. & M.M. Thomson, Trustees Joseph Siedlecki Clayton & Mary Storley 411 - 67th Ave. N.E. 425 - 67th Ave. N.E. 414 Rice Creek Terrace Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 B. J. Zawislak & D.M. Artmann 400 Rice Creek Terrace Fridley, MN 55432 Bradley F. & K.L. Harrison 434 Rice Creek Terrace Fridley, MN 55432 Robert & Doraine Peterson 480 Rice Creek Blvd. N.E. Fridley, MN 55432 Donald S. & E. Babinski 333 Rice Creek Blvd. N.E. Fridley, MN 55432 Gregory & Susan Rosholt 482 Rice Creek Terrace Fridley, MN 55432 Grant & Marie Olson 390 - 67th Ave. N.E. Fridley, MN 55432 Martin & Mary Jo Bistram 420 - 67th Ave. N.E. Fridley, MN 55432 chard A. & B.M. Gallarane w'arol M. Nelson 80 Rice Creek Terrace 45 - 67th Ave. N.E. Fridley, MN 55432 Fridley, MN 55432 Ronald & Karla Jacobson John & Renee Waldrop 440 Rice Creek Terrace 458 Rice Creek Terrace Fridley, MN 55432 Fridley, MN 55432 David & Janice Harris Jerome & Barbara Cichosz 470 Rice Creek Blvd. N.E. 460 Rice Creek Blvd. N.E. Fridley, MN 55432 Fridley, MN 55432 Cecile E. Lindsey Virgil & Shirley Herrick 347 Rice Creek Terrace 477 Rice Creek Terrace Fridley, MN 55432 Fridley, MN 55432 James & Shirley Becker Fern A. Swanson 456 Rice Creek Blvd. N.E. 312 Rice Creek Terrace Fridley, MN 55432 Fridley, MN 55432 Jolene A. Nieman Mark Follmer & Jean Nagel 400 - 67th Ave. N.E. 410 - 67th Ave. N.E. Fridley, MN 55432 Fridley, MN 55432 PUBLIC HEARING BEFORE THE APPEALS COMMISSION Notice is hereby given that the Appeals Commission of the City of Fridley will conduct a Public Hearing at the Fridley Municipal Center at 6431 University Avenue N.E. on Tuesday, July 18, 1995, at 7:30 p.m. for the purpose of: Wk/Consideration of variance request, VAR #95- 15, by James & Nancy Lambe , pursuant to Section 205.07.03.D.(2).(a)/of the Fridley City Code to reduce tha_ ,yard setback from 10' to 4.5' to allow construction of a three season porch on Lot 7, Block 1, Rice Creek Terrace, generally located at 389 Rice Creek Terrace N.E., Fridley, MN 55432 Any and all persons desiring to be heard shall be given the opportunity at the above stated time and place. DIANE SAVAGE CHAIRPERSON APPEALS COMMISSION Any questions related to this item may be referred to the Fridley Community Development Department, 572-3592. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than July 11, 1995. m 1LOCATION . MAP CITY OF FRIDLEY 6431 UNIVERSITY AVENUE N.E. FRIDLEY, MN 55432 (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT VARIANCE APPLICATION FORM PROPERTY INFORMAnTION - site plan requi Address: Property Identifica Legal decc s �ription: Lot n 1.111 Number Block I Tract/Addition <� ST Z Square footAge/acreage for submittal; see attached b � A. Reason for variance and hardship: '9 6A!$&s &.N Y �� 4 e 4 ' pZM4� �J t Section of City Code: Have you operated a business in a city which required a_business license? Yes No )— If yes, which city? If yes, what type of business? Was that license ever denied or revoked? Yes No FEE OWNER INFORMATION (as it appears on the property title) Fee OHners must sign this foQn prior to processing) - :3 YTIME PHONE 0 t t – SIGNATURE v DATE 77- 31 A S- YTIME PHONE-'� 31– SIGNATUREy DATE ,5 NNNN � N �� NNNNN NN NN/+4^NN/W/v""`✓ �� � Fee: $100.00 $ 60.00 ✓ for residential properties Permit VAR # Receipt # 63 Application received by: hle -tee Scheduled Appeals Commission date: Scheduled City Council date: / 9- CITY OF FRIDLEY PLAN REVIEW CHECKLIST Applicants for vacations must submit the legal description of the parcel (easement, street, etc.) to be vacated. Complete site plans, signed by a registered .architect, civil engineer, landscape architect, or other design professional, to include the following: A. General: 1. Name and address of project 2. Legal description (certificate of survey may be required) 3. Name, address, and telephone number of applicant, engineer, and owner of record 4. Date proposed, north arrow, scale, number of sheets, name of drawer 5. Description of intended use of site, buildings, and structures including type of occupancy and estimated occupancy load 6. Existing zoning and land use 7. Tabulation box indicating: (i) Size of parcel in sq. ft. (ii) Gross floor area of buildings (iii) Percent of site covered by building (iv) Percent of site covered by impervious -surface (v) Percent of site covered by green area (vi) Projected number of employees (vii) Number of seats if intended use is a restaurant or place of assembly (viii) Number of parking spaces required (ix) Number of parking spaces provided including handicapped (x) Height of all buildings and structures and number of stories B. Site Plan, 1. Property line dimensions, location of all existing and proposed structures ' with distance from boundaries, distance between structures, building dimensions and floor elevations 2. Grading and drainage plan showing existing natural features (topography, wetlands, vegetation, etc.) as well as proposed grade elevations and sedimentation and storm water retention ponds. calculations for storm water detention/retention areas. 3. All existing and proposed points of egress/ingress showing widths of property lines, turning radii abutting rights-of-way with indicated center line, paving width, existing and proposed median cuts, and intersections of streets and driveways 4. Vehicular circulation system showing location and dimensions for all driveways, parking spaces, parking lot aisles, service roads, loading, areas, fire lanes, emergency access (if necessary), public and private streets, alleys, sidewalks, bike paths, direction of traffic flow, and traffic -control devices S. Landscaping Plan 6. Location, access, and screening detail of trash enclosures 7. Location and screening detail of rooftop equipment 8. Suilding.elevations from all directions 9. Utility plan identifying size and direction of existing water and sewer lines, fire hydrants, distance of hydrant_to proposed building a, -- -- Ir it T b W c 4 19 s • �, �2 jl TT T3 ?3 ?A 9 ornv> + 2 AJ 3 AY • z \3 ,3 5 3 �� 6 13 5 • 7 1 / \x ti\ 2 N 7 I 3 S 3 IG IS ,3 AFF /¢ /1PA( • Zf 1a f 4 >_ BS f f B 3 Z/ 8 71L SI4 3 P4 Z/ G 1 F•' 2AVENUE N. E. Ii IP 7 3 b / 2 ¢ , 6 7 . 9 /• // i /I /3 /! /J // /0 9 B 7 6 ! 1Zn- 4 3 2 / f S > !r ,o g 8 7 Gi w- ' 66TH. AVENUE N. rid•: /L / /< /� 6 .s s�� ! 6 S4 .3 0. �- .`�f': a 3 r 1 3 7 I fn 5 4-LtT,�Tc ^,01;!-I'iYi3l��'�" ��—� -- --- :�_-':: uicciccLooL • ... ... �-....._-- e... • ... �:,'�.i'�:.:e+t► .�e+: iii 7LL • f 8 10 / PO / IO / • ..��i may::V9 /9 Z /9 2 /9 Z ate `_ I\ /� 10 . �.• SATE I LAN Fo 1 "::',' t r : •®°®$ II ,c 3 /7 n 4 /7 s 7 /l S 4 F ID / �'•�� •'� . • ® 519 ®®® 12 /f K /s S /Lc V. 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