VAR 95-24r• } m
STATE OF MINNESOTA ) APPEA. COMMISSION PROCEEDINGS
COUNTY OF ANOKA
CITY OF FRIDLEY )
In the Matter of: a variance request, VAR #95-24
Owner: Kenneth Anderson & C. A. Anderson
-1189899 VARIANCE
The above entitled matter came before the Appeals Commission of the City of
Fridley and was heard on the 12th day of September . 1 19 95 . on
a petition for a variance pursuant to the City of Fridley's Zoning Ordinance,
for the following described property:
To reduce the required rear yard setback from 25 feet to 21 feet to allow the
construction of a porch and garage on Lot 20, Block 1, River Edge Addition,
generally located at 132 Rivers Edge Way N.E.
IT IS ORDERED that a variance be granted as upon the following conditions or
reasons:
Approval is contingent upon two stipulations. See Appeals Commission meeting minutes
of September 12, 1995.
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
Frid�y, Minnesota, in the County of Anoka on the ,� day of
-- 0 �eA , 19 ?5 .
DRAFTED BY:
City of Fridley
6431 University Avenue N.E.
Fridley, MN 55432
William A. Champa, City Cl '
lF Ryq a� ee
*s
Variances are valid for a period of one year following approv�tifli' z[nd`S1W�®�
considered void if not used within that period. °'�
APPEALS COMMISSION MEETING, SEPTEMBER 12, 1995 PAGE 6
should do. If he does that, he does not need a variance. The
garage space would be within the code requirements. If he do s not
want to convert the upstairs garage, he would recommend denial
because it is too many square feet over the requirement. t would
be essentially be a five -stall garage. He did not see hardship
in accumulating enough things in order to fill the space.
Ms. Savage agreed. She did not see that there is hardship under
the requirements of the statutes. There is not undue hardship.
If the Appeals Commission were to grant this ariance, we would
have to grant future variances for those who needed more space.
Though the Commission may be sympathetic tow d the petitioner, she
did not think the law allows them to gr t a variance without
showing undue hardship or unique circums ces.
Dr. Vos concurred. One fe/eah dship is that there are no
other options. In this a are other options. The
petitioner could converta to living space and then
convert the garage..
Ms. Beaulieu concurred..,,.ing has 1,352 square feet of
living area, and the.petasking for over 2,000.square
feet of accessory structwas sure the City had never
granted a variance close
MOTION by Mr. Kuechle, s conded_by Dr. Vos,..to recommend denial of.
Variance, Request,, 95-23., by James Kiewel, to increase the,
maximum size of a fir t,accessory structure.from 1,000 square feet
to 2,064 square fee , and to'allow an'.« -accessory -structure to exceed"
the first floor area of -a dwelling unit in order to allow
construction of. 24 foot x 38 foot. addition to an existing garage
on that part o Lot 6, Auditor's Subdivision No. 22, described as
follows: the ast 145 feet -front and rear of the south 190 feet of
said Lot 6, ubject:;..to ,easements for road purposes over ,the south
30 feet t reof, generally located at -T, Rice Creek Road N.E.,
Fridley, innesota 55432.
UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE
MOT N CARRIED UNANIMOUSLY.
McPherson stated this request would be reviewed by the City
Council on October 2nd:
2. PUBLIC HEARING::..CONSIDERATION OF A VARIANCE REQUEST, VAR #95-
24, BY KENNETH ANDERSON:
Pursuant .to Section•205.07.03.D.(3). of the Fridley City Code
to reduce the required rear yard --setback from 25 feet to 21
feet to allow _the construction of-.a`.;porch and garage on Lot �0.
C APPEALS COMMISSION MEETING, SEPTEMBER 12, 1995 PAGE 7
20, Block 1, River Edge Addition, the same being 132 River
Edge Way N.E., Fridley, Minnesota 55432.
MOTION by Ms. Beaulieu, seconded by Dr. Vos, to waive thef6dding
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 8:26 P.M.
Ms. McPherson stated the subject property is located west of East
River Road and north of Robert Louis Stevenson School. The
property is zoned R-3, General Multiple Family. Single family
dwellings are permitted in the R-3 district.
Ms. McPherson stated the Appeals Commission processed the same
request in 1989. The request is to reduce the rear yard setback
from. 25 feet to 21 feet to allow construction of a 24 foot x 34
foot garage and a three -season porch onto the rear of the existing
' dwelling unit. The petitioner did not construct the garage and
porch, and the variance lapsed because. it was not acted upon within
one year. The petitioner contacted Ms. McPherson to indicate the
actual garage measurements are 26 feet x 34 feet. However, because
staff has included the. .porch. as part of the request, the garage is
still with the 21 foot variance as requested.
Ms. McPherson stated, in 1989, staff recommended denial of the
request. The Appeals Commission and City Council approved. the
request. In this instance, the garage could be shortened by two
feet down to 32 feet which would elimthate the -need for a variance
on. the garage.. In 1989, staff stated there are alternatives to
eliminate the encroachment of the porch, including building a
smaller porch, moving the. porch to the northeast,• building__a deck,
or constructing a gazebo. "
Ms. McPherson stated both requests are within previously granted
requests. Therefore, staff has no recommendation. if the
Commission chooses to recommend approval of the request, -.staff
recommends the following stipulations:
1. The petitioner shall provide a ,hardsurface driveway by
October 1, 1996.
2. The existing garage shall be removed within 60 days of the
proposed,garage's.final inspection.
Mr. Kuechle asked how many feet is the setback requirement..
Ms. McPherson stated the setback is 25.feet..
k,
APPEALS
COMMISSION MEETING,
SEPTEMBER
12,
1995 PAGE 8
Anderson stated he planned
to do that
anyway.
Dr. Vos
asked the depth of
the lot on
the
walkway side.
Ms. McPherson stated the lot is pie shaped. The property line is
approximately 120 feet along that side of the lot.
Dr. Vos stated to the south of the property is Stevenson school and
to the west and east is residential. The residential to the west
is setback from the petitioner. The petitioner would be removing
the detached garage and moving to make an attached garage.
Ms. McPherson stated this was correct.
Mr. Anderson stated, in 1989, he thought he might move to the
southern suburbs where he works. He is going to retire in another
few years and has decided to stay in Fridley. The existing garage
is caving in and is now braced with steel posts. It has to come
down. He has to rebuild the garage. By attaching the garage, it
will open up the backyard and they will have more green space.
Ms. Savage stated staff had suggested shortening the garage by 2
feet so he would not need.a variance. She asked his comment about
that request.
Mr. Anderson stated the garage must be even with the back of the
house in order to have an entry door; otherwise, he would have to
cut into the living room. Shortening the garage would make it
difficult. The setback_is only 1 1/3 feet so it barely comes to
the line. Originally it was to be 26 feet. That was an 'error
which was corrected. The old garage)s4ll be- torn down. This will
shorten the driveway. The driveway is still gravel. He did not
want.to change the driveway until he had made the modifications.
Dr.
Vos stated one stipulation
requires a
hard surface driveway.
Mr.
Anderson stated he planned
to do that
anyway.
Dr. Vos asked if the walkway to the east was an easement.
Mr. Anderson stated they took quite a portion of his lot for the
walkway for the school. This plan is about. the only way he can go.
MOTION by Mr. Kuechle, seconded by Ms. Beaulieu, to close the
public hearing.
C
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE
MOTION CARRIED AND THE PUBLIC.. HEARING. CLOSED AT 8:37 P.M._..
„j
r APPEALS COMMISSION MEETING, SEPTEMBER 12, 1995 PAGE 9
Dr. Vos stated he remembered the original request. The lot is odd
shaped. He would have a hard time putting the garage attached to
the back of the house. On the east is the walkway. One the west
side is a pie shape. On the north side is a cul de sac. He
thought this is a case of a hardship that is there but the spirit
of the code is being met. He would recommend approval.
Ms. Beaulieu agreed. The fact that the petitioner will be taking
down the existing garage will result in a bigger back yard which is
also a plus.
Mr. Kuechle concurred. The encroachment in terms of the square
feet in minor. The goal of limiting the coverage on the lot is to
have green space. In the backyard, the petitioner would have more
green space than he has now. He would recommend approval.
Ms. Savage stated she would recommend approval. The purpose of the
code is being met by having more green space.
MOTION by Dr. Vos, seconded by Ms. Beaulieu, to recommend approval,
of Variance Request, VAR #95-24, by Kenneth Anderson,
to.reduce the
required rear yard setback from 25 feet to 21 feet
to allow the
construction of a porch and garage on -Lot 20, Block
1, River Edge
Addition, the same being 132 River Edge Way N.E.,
Fridley,
Minnesota 55432, with -the following -stipulations:
1. The petitioner shall provide''�a hardsurface
driveway by
October 1, 1996.
r
2. The existing garage shall -be removed within 60 days of the
proposed garage's final inspection.
UPON A VOICE VOTE, ALL VOTING AYE., CHAIRPERSCN SAVAGE
DECLARED THE
MOTION CARRIED UNANIMOUSLY.
3. PUBLIC HEARING: CONSIDERATION OF A VARIANCE RE
AR #95-
25,.BY PAUL LITWINCZUK: .
Pursuant to Section 205.07,03.D.(2) of the Fridley City
Code to reduce the sideyard se from 10 feet to 3.6 feet
and to reduce the sideyar ack•from 10 feet to 7 feet to
allow construction of addition to an existing dwelling on
Lot 17, Auditor's 'vision 22, except the south 55 feet of
said Lot 17, ject to private sewer and water easement,
generally ocated at 6291 Central Avenue N.E., Fridley,
Minnes a 55432.
Not•icsi#. poi 110/l1.
Dale J Timer fo 3 5 1 L6:
D.C. Order
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It•cordabililr F••srl
Deunqu.nla Plne 311
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DOCUMENT NO. ) ) 3C glq 0 e
ANOKA COUNTY `MINNESOTA
I HEREBY CERTIFY THAT THE WITHIN INSTRUMENTWAS FILED IN THIS OFFICE
FOR RECORD ON C -)C k v t or -S—
AT LI ' 7j Q `D aY� . AND WAS DULY RECORDED.
FEES AND TAXES IN THE AMOUNT OF
PI f� DPAID.
RECEIPTNO. gt3C2E)- �
EDWARD M. TRESKA
ANOKA COUNTY PROPERTY TAXADMINISTRATOR/RECORDER/REGISTRAR OF TITLES
BY�
DEPUTV PROPERTY TAX ADMINISTRATOR/RECORDER/REGISTRAR OF TITLES
FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55.132 • (61'-) 571-3.350 • FAX (612) 571-1287
CITY COUNCIL
ACTION TAKEN NOTICE
Kenneth Anderson
132 River Edge Way N.E.
Fridley, MN 55432
Dear Mr. Anderson:
September 18, 1997
On September 8, 1997, the Fridley City Council officially approved your request for an
extension to your variance, VAR #95-24, to reduce the required rear yard setback from
25 feet to 21 feet to allow the construction of a porch and garage on Lot 20, Block 1,
River Edge Addition, generally located at 132 River Edge Way N.E. This approval is
valid until August 26, 1998.
If you have any questions regarding the above action, please call me at 572-3590.
Si cerely,
Scott J. Hi kok
Planning Coordinator
SH/dw
Please review the above, sign the statement below and return one copy to the City of
Fridley Planning Department by October 2, 1997.
Concur with action to en.
opt
s
FRIDLEY MUNICIPAL CENTER - 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 - (612) 571-3450 - FAX (612) 571-1287
CITY COUNCIL
ACTION TAKEN NOTICE
Kenneth Anderson
132 River Edge Way N.E.
Fridley, MN 55432
Dear Mr. Anderson:
September 3, 1996
On August 26, 1996, the Fridley City Council officially approved your request for an
extension to your variance, VAR #95-24, to reduce the required rear yard setback
from 25 feet to 21 feet to allow the construction of a porch and garage on Lot 20,
Block 1, River Edge Addition, generally located at 132 River Edge Way N.E. This
extension shall expire in one year, or on August 26, 1997.
If you have any questions regarding the above action, please call me at 572-3590.
Sincerely,
Barbara Dacy, AICP
Community Development Director
BD/dw
Please review the above, sign the statement below and return one copy to the City of
Fridley Planning Department by September 17, 1996.
Concur with action taken.
FRIDLEY MUNICIPAL CENTER •6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 • (612) 571-3450 • FAX (612) 571-1287
APPEALS COMMISSION
ACTION TAKEN NOTICE
Kenneth Anderson
132 River Edge Way NE
Fridley, MN 55432
Dear Mr. Anderson:
September 14, 1995
On September 12, 1995, the Fridley Appeals Commission officially
approved your request for a variance, VAR #9 _-24, to reduce the
required rear yard setback om•25 feet to{2i ,feet, to allow the
construction of a porch and garag , Clock 1, River Edge
Way N.E.
Approval of this variance request is contingent upon the
following stipulations:
1. The petitioner shall provide a hardsurface driveway by
October 1, 1996.
2. The existing garage shall be removed within 60 days of the
proposed garage's final inspection.
You have one year from the date of Appeals Commission 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, BLA
Planning Assistant
MM/dw
Please review the above, sign the statement below and return one
copy to the City of Fridley Planning Department by September 28,
1995.
Concur with action taken.
132 RIVER EDGE WAY REAR YARD VARIANCE REQUEST
DESCRIPTION OF REQUEST:
The petitioner requests that a variance be granted to reduce the rear yard setback from 25 feet to 21 feet
to allow construction of a 24 x 34 foot attached garage and a three season porch. In 1989 the petitioner
requested the same variances from the City and they were approved A variance is only valid for one year
and the 1989 approvals became void because of inactivity.
SUMMARY OF ISSUES:
Code Section 205.07.03.D.(3) requires a rear yard setback of not less than 25% of the lot depth with not
less than 25 feet permitted, and nor more than 40 feet required from the main building.
The petitioner could shorten the garage be two feet, thereby eliminating the need for a variance. The
petitioner has alternatives meeting code for the porch portion of the request. They include:
1. Building a smaller porch.
2. Moving the porch to the northeast.
3. Building a deck.
4. Constructing a gazebo.
RECOMMENDED ACTIONS:
The requests are within previously granted requests; therefore, staff has no recommendation regarding the
request. Staff recommends the following stipulations:
1. The petitioner shall provide a hardsurface driveway by October 1, 1996.
2. The existing garage shall be removed within 60 days of the proposed garages' final inspection.
PROJECT DETAILS
Petition For: Variance to reduce the rear yard setback from 27 to 21'.
Location
of Property: 132 River Edge Way
Legal Description
of Property: Lot 20, Block 1, River Edge Addition
Size:
Topography: Flat
Existing
Vegetation: Typical suburban; sod, trees, shrubs
Existing
Zoning/Platting: River Edge Addition; 1957
Availability
of Municipal
Utilities: Connected
Vehicular
Access: River Edge Way
Pedestrian
Access: Walkway to Robert Louis Stevenson Elementary along east side of property.
Engineering
Issues: N/A
Site Planning
Issues:
DEVELOPMENT SITE
Section 205.07.03D.(3) requires a rear yard setback of not less than 25% of the lot depth with not less than 25 feet
permitted or more than 40 feet required from the main building.
Public purpose served by this requirement is to provide rear yard space to be used for green areas to enhance the
neighborhood.
2
Description of Properly and History
The subject parcel is located on River Edge Way at the end of a cul-de-sac north of Robert Louis Stevenson
Elementary School. The subject parcel directly abuts the school property. Located on the subject parcel is a single
family dwelling unit with a detached two car garage. The dwelling was cosntructed in 1957. The property is zoned
R-3, General Multiple Family Dwelling. Single family dwellings are permitted in the R-3 district.
Recd est
The petitioner requests that a variance be granted to reduce the rear yard setback from 25 feet to 21 feet to allow
construction of a 24 x 34 foot attached garage and a three season porch.
Anal.)sis
In 1989, the City approved this same variance request for the petitioner. The petitioner did not construct the garage
or porch within the one year timeframe. The petitioner now wishes to construct the garage and is still considering
constructing the three season porch to the rear of the existing dwelling unit.
As indicated on the site plan, the impact to the rear yard setback by the proposed attached garage is minimal. By
shortening the proposed garage by approximately two feet, the need for a variance will be eliminated for the proposed
garage addition.
The corner of the proposed porch does encroach by approximately 4 feet into the required setback. The petitioner
has calculated that approximately 25 square feet of the porch would be in the setback area The petitioner does have
three alternatives to allow him to utilize the green space. The porch could be reduced in size or redesigned so that
it would not encroach into the setback. As an example, the porch could also be extended to the northeast along the
bedrooms of the house. The petitioner could construct an unenclosed deck which is allowed to encroach into the
required setback by 10 feet. The petitioner could also constructed gazebo in the rear yard, which would not require
a variance. No structures would be impacted by the proposed addition as the property abuts the ballfield and play
area of the elementary school.
Both requests are within the code. Staff has no recommendation regarding the variance request. If the Commission
approves the request, staff recomemnds the following stipulations.
1. The petitioner shall provide a hardsurface driveway by October 1, 1996.
2. The existing garage shall be removed within 60 days of the proposed garage's final inspection.
3
WEST:
SOUTH:
EAST:
NORTH:
Comprehensive
Planning Issues:
Public Hearing
Comments:
•
ADJACENT SITES
Zoning: R-1. Single Family
Zoning: R-1, Single Family
R-3, General Multiple Family
R-1, Single Family
4
Land Use: Single Family Dwelling
Land Use: School
Land Use: Single Family Dwelling
Land Use: Single Family Dwelling
APPEALS COMMISSION MEETING, SEPTEMBER 12, 1995 PAGE 6
should do. If he does that, he does not need a variance. 7#6
garage space would be within the code requirements. If he does of
want to convert the upstairs garage, he would recommend Aenial
because it is too many square feet over the requirement. would
be essentially be a five -stall garage. He did not see hardship
in accumulating enough things in order to fill the sp ce.
Ms. Savage agreed. She did not see that there .is hardship under
the requirements of the statutes. There is not undue hardship.
If the Appeals Commission were to grant this/ -variance, we would
have to grant future variances for those who needed more space.
Though the Commission may be sympathetic towdrd the petitioner, she
did not think the law allows them to rant a variance without
showing undue hardship or unique circumstances.
Dr. Vos concurred. One feature of aardship is that there are no
other options. In this case, ere are other options. The
petitioner could convert the g age to living space and then
convert the garage.
Ms. Beaulieu concurred. T dwelling has 1,352 square feet of
living area, and the peti 'over is asking for over 2,000 square
feet of accessory strutre. She was sure the City had never
granted a variance clos. to that.
MOTION by Mr. Kuechle, seconded by Dr. Vos, to recommend. denial of
Variance Request, # 95-23, by James Kiewel, to increase the
maximum size of a rst accessory structure from 1,000 square feet
to 2,064 square f et, and to allow an, -accessary -structure to exceed
the first flo area of a dwelling unit in order to allow
construction o a 24 foot x 38 foot addition to an existing garage
on that part f Lot 6, Auditor's Subdivision No. 22, described as
follows: t east 145 feet front and rear of the south 190 feet of
said Lot 6 subject to easements for road purposes over.the south
30 feet ereof, generally located at 1631 Rice Creek Road N.E.,
Fridley Minnesota 55432.
t
UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE
MOT ON CARRIED UNANIMOUSLY.
Ws. McPherson stated this request would be reviewed by the City
Council on October 2nd.
2. PUBLIC HEARING: CONSIDERATION OF A VARIANCE REQUEST, VAR #95-
24, BY KENNETH ANDERSON:
Pursuant to Section 205.07.03.D.(3) of the Fridley City Code
to reduce the required rear yard setback from 25 feet to 21
feet to allow the construction of a porch and garage on Lot
APPEALS COMMISSION MEETING, SEPTEMBER 12, 1995 PAGE 7
20, Block 1, River Edge Addition, the same being 132 River
Edge Way N.E., Fridley, Minnesota 55432.
MOTION by Ms. Beaulieu, seconded by Dr. Vos, to waive the reading
of the public hearing notice and to open the public hearing.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 8:26 P.M.
Ms. McPherson stated the subject property is located west of East
River Road and north of Robert Louis Stevenson School. The
property is zoned R-3, General Multiple Family. Single family
dwellings are permitted in the R-3 district.
Ms. McPherson stated the Appeals Commission processed the same
request in 1989. The request is to reduce the rear yard setback
from 25 feet to 21 feet to allow construction of a 24 foot x 34
foot garage and a three -season porch onto the rear of the existing
dwelling unit. The petitioner did not construct the garage and
porch, and the variance lapsed because it was not acted upon within
one year. The petitioner contacted Ms. McPherson to indicate the
actual garage measurements are 26 feet x 34 feet. However, because
staff has included the porch as part of the request, the garage is
still with the 21 foot variance as requested.
Ms. McPherson stated, in 1989, staff recommended denial of the
request. The Appeals Commission and City Council approved the
request. In this instance, the garage could be shortened by two
feet down to 32 feet which would elin�mate the -need for a variance
on the garage. In 1989, staff stated there are alternatives to
eliminate the encroachment of the porch, including building a
smaller porch, moving the porch to the northeast, building --a deck,
or constructing a gazebo.
Ms. McPherson stated both requests are within previously granted
requests. Therefore, staff has no recommendation. If the
Commission chooses to recommend approval of the request, -,staff
recommends the following stipulations:
1. The petitioner shall provide a ,.hardsurface driveway by
October 1, 1996.
2. The existing garage shall be removed within 60 days of the
proposed garage's final inspection.
Mr. Kuechle asked how many feet is the setback requirement.
Ms. McPherson stated the setback is 25 feet.
APPEALS COMMISSION MEETING, SEPTEMBER 12, 1995 PAGE 8
Dr. Vos asked the depth of the lot on the walkway side.
Ms. McPherson stated the lot is pie shaped. The property line is
approximately 120 feet along that side of the lot.
Dr. Vos stated to the south of the property is Stevenson school and
to the west and east is residential. The residential to the west
is setback from the petitioner. The petitioner would be removing
the detached garage and moving to make an attached garage.
Ms. McPherson stated this was correct.
Mr. Anderson stated, in 1989, he thought he might move to the
southern suburbs where he works. He is going to retire in another
few years and has decided to stay in Fridley. The existing garage
is caving in and is now braced with steel posts. It has to come
down. He has to rebuild the garage. By attaching the garage, it
will open up the backyard and they will have more green space.
Ms. Savage stated staff had suggested shortening the garage by 2
feet so he would not need a variance. She asked his comment about
that request.
Mr. Anderson stated the garage must be even with the back of the
house in order to have an entry door; otherwise, he would have to
cut into the living room. Shortening the garage would make it
difficult. The setback is only 1 1/3 feet so it barely comes to
the line. Originally it was to be, 26 feet. That was an error
which was corrected. The old garage 11 be=to-rn down. This will
shorten the driveway. The driveway is still gravel. He did not
want to change the driveway until he had made the modifications.
Dr. Vos stated one stipulation requires a hard surface driveway.
Mr. Anderson stated he planned to do that anyway.
Dr. Vos asked if the walkway to the east was an easement.
Mr. Anderson stated they took quite a portion of his lot for the
walkway for the school. This plan is about the only way he can go.
MOTION by Mr. Kuechle, seconded by Ms. Beaulieu, to close the
public hearing.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE
MOTION CARRIED AND THE PUBLIC. EMARING CLOSED AT 8:37 P.M.
APPEALS COMMISSION MEETING, SEPTEMBER 12, 1995 PAGE 9
Dr. Vos stated he remembered the original request. The lot is odd
shaped. He would have a hard time putting the garage attached to
the back of the house. On the east is the walkway. One the west
side is a pie shape. On the north side is a cul de sac. He
thought this is a case of a hardship that is there but the spirit
of the code is being met. He would recommend approval.
Ms. Beaulieu agreed. The fact that the petitioner will be taking
down the existing garage will result in a bigger back yard which is
also a plus.
Mr. Kuechle concurred. The encroachment in terms of the square
feet in minor. The goal of limiting the coverage on the lot is to
have green space. In the backyard, the petitioner would have more
green space than he has now. He would recommend approval.
Ms. Savage stated she would recommend approval. The purpose of the
code is being met by having more green space.
MOTION by Dr. Vos, seconded by. Ms. Beaulieu, to recommend approval
of Variance Request, VAR #95-24, by Kenneth Anderson, to reduce the
required rear yard setback from 25 feet to 21 feet to allow the
construction of a porch and garage on Lot 20, Block 1, River Edge
Addition, the same being 132 River Edge Way N.E., Fridley,
Minnesota 55432, with the following stipulations:
1. The petitioner shall provide a hardsurface driveway by
October 1, 1996.
2. The existing garage shall be removed within 60 days of the
proposed garage's final inspection.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE
MOTION CARRIED UNANIMOUSLY.
3. PUBLIC HEARING: CONSIDERATION OF A VARIANCE REST, VAR #95-
25, BY PAUL LITWINCZUK:
Pursuant to Section 205.07,03.D.(2).(a.
of the Fridley City
Code to reduce the sideyard setbac rom 10 feet to 3.6 feet
and to reduce the sideyard se k from 10 feet to 7 feet to
allow construction of an ad ' ion to an existing dwelling on
Lot 17, Auditor's Subdivi 'on 22, except the south 55 feet of
said Lot 17, subject o private sewer and water easement,
generally located t 6291 Central Avenue N.E., Fridley,
Minnesota 55432.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER -,8, 1997 PAGE 3
APPROVED THE COMPREHENSIVE SIGN LAN FOR 7651 CENTRAL AVENUE
N.E., WITH THE STIPULATION T THERE BE NO FREE STANDING
SIGNS ALLOWED ON THIS SITE.
5. APPROVE ONE-YEAR EXTENSION FOR VARIANCE REQUEST, VAR #95-24,
BY KENNETH ANDERSON, TO ALLOW THE CONSTRUCTION OF A PORCH AND
GARAGE, GENERALLY LOCATED AT 132 RIVER EDGE WAY N.E. (WARD 3):
0
7.
Mr. Burns, City Manager, stated that the original four foot
rear yard variance was approved August 26, 1996. This
extension will allow the owner to combine the porch and garage
improvements with substantial improvement to the main
structure. Staff recommends approval of the extension
retroactive to August 26, 1997 for one-year to August 26,
1998.
APPROVED A ONE-YEAR EXTENSION FOR VARIANCE REQUEST, VAR
#95-24.
APPROVE STORM DAMAGE CLEAN UP POLICY FOR THE.CITY OF FRIDLyEY:
.11
Mr. Burns, City Manger, stated that during the/vity
d�amaq
years,.
the City has been responding to severe stormthrough
curbside collection of tree limbs. At Couequest,
staff has developed a policy to continue this at City
expense.
Mr. Burns stated that the major component of the policy are
as follows: (1) upon declaration of a s rm damage emergency
by the Public Safety Director, the Pub 'c Works Director will
assess the time and resources necess y for brush collection
in those areas of the City that are dentified.as impacted by
the storm; (2) the City will remov or trim damaged trees that
are in the public right-of-way; ) the City will remove, Gut,
and stack tree branches from torm damaged trees that have
been placed at the curb b residential, commercial, and
industrial property owners; 4) the City will not remove tree
trunks that have been rem ed from private property; and (5)
the City will riot be.re onsible for brush pick-up after the
established clean-up d e. Council's approval of this storm
damage policy is reco ended.
APPROVED THE STORm,,6AMAGE CLEAN UP POLICY FOR THE CITY.
APPROVE ADDITIOJAL COSTS TO THE AGREEMENT WITH BARTON-ASCHMAN
ASSOCIATES, I ., FOR THE I-694/TH 47 NE RAMP' RECONSTRUCTION
PROJECT NO. SIT. 1997-3:
Mr. Burnp-, City Manager, stated that Barton-Aschman, the.
design nsultant for this project, is claiming costs for work
/MnDOto
the original scope of services, due to the failure of
provide certain as -built drawings, and to plan
tions made by MnDOT. These additional services are
y those related to storm sewer design, traffic
ation, and street lighting. The cost for this
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 8, 1997 PAGE 4
additional work is $13,045. The Minnesota Departmen of
Transportation is accepting responsibility for $9,137. of
these costs, leaving $3,907.23 to be covered by the Ci It
is staff's opinion that the costs are justified.
Mr. Burns stated it is recommended that these additional costs
be approved with the understanding that sufficie funds are
available.from Home Depot to cover the City's por ion of these
costs. If -approved, $13,045 will be paid to arton-Aschman
with the expectation that the State will rei urse the City
for $9,177.77 at the conclusion of the projec .
APPROVED THE ADDITIONAL COSTS TO THE A MENT WITH BARTON-
ASCHMAN ASSOCIATES, INC. TN THE AMOUNT OF 13,045.
8. RESOLUTION NO. 67-19,97 E£TABLISHING WAb 3, PRECINCT 1B AS A
PRECINCT:
Mr. Burns, City Manager, stated thaV Ward 3, Precinct 1B; was.
created to accommodate a re/naaer(.
nexation of property from
Coon Rapids 'to Fridley. this precinct meets the
criteria for a mail ballot ct, staff is recommending
that it be. established as sf Council approves, staff
will forward.the proposal toounty for approval by the
Government Services Division
ADOPTED RESOLUTION NO. 67-1907.
9. RESOLUTION NO. 68-1997 DE IGNATING OFFICIAL DEPOSITORIES FOR
THE CITY OF FRIDLE/lude
Mr. Burns, City Mstated it is recommended that the
name of Susan K. LAssistant Finance Director, be added
to the list of ins who are authorized to sign checks
or make withdrawathe City's. official depositories.
This list would ithe Finance Director, the .Assistant
Finance Director,City Manager.
ADOPTED RESOLUTI? NO. 68-1997.
10. CLAIMS:
AUTHORIZED PAYMENT OF CLAIM NOS. 76349 THROUGH 76552.
11. LICENSES:
APPROVEDHE LICENSES AS SUBMITTED AND AS 'ON FILE IN THE
LICENSE ARKIS OFFICE.
12. ESTIMATAS :
THE ESTIMATES, AS FOLLOWS:
FRIDLEY CITY COUNCIL MEETING OF AUGUST 26, 1996 PAGE 3
neighborhood, and the sign would not be illuminated. Mr.
Burns stated that the Appeals Commission approved the variance
with the stipulations that this variance precludes
installation of a free-standing sign and that the sign,shall
be maintained in an attractive manner.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA Al PLACED ON
THE REGULAR AGENDA. �
6. RESOLUTION NO. 59-1996 ORDERING THE
AOR REPAIR OF A
HAZARDOUS BUILDING, PURSUANT TO MINNESOT STATUTES, SECTION
463, LOCATED WITHIN THE CITY OF FRIDLEY, INNESOTA (218 57TH
PLACE N.E.) (WARD 3):
Mr. Burns, City ManaXprerty
d that this building was
originally constructed single family unit. Since
then, it has been conneuplex and has a long history
of code violations. y was inspected in June of
this year by the City'inspector and declared unfit
for habitation. None y's attempts to contact the
property owners have beful.
Mr. Burns outlinedXie list of State Building Code violations
which involved s items as the heating system, footings,
improper suppor , plumbing, wiring, etc. Action is being
requested and the state's hazardous building statutes. This
resolution ould order the demolition or repair of the
structure. The owners would be notified of this action. If
they do of respond within twenty (20) days, the City would
seek court order to enforce resolution. Demolition would
occu on or after the date set by the court, and all costs
wo d be assessed against the property.
D RESOLUTION NO. 59-1996. '
APPROVE A ONE-YEAR EXTENSION OF VARIANCE REQUEST, VAR #95-24,
BY KENNETH ANDERSON, TO ALLOW CONSTRUCTION OF A PORCH AND
GARAGE, GENERALLY LOCATED AT 132 RIVERS EDGE WAY N.E.
( WARD 3):
Mr. Burns, City Manager, stated that this variance will expire
on September 12, 1996. A one-year extension has been
requested by the petitioner, Mr. Anderson.
APPROVED A ONE-YEAR EXTENSION OF VARIANCE REQUEST, VAR #95-24.
8. ESTABLISH A PUBLIC HEARING FOR SEPTEMBER 16 96, FOR THE
SALE OF EXCESS PROPERTY LOCATED AT 61S E AND 7TH STREET
Mr. Burns, City Manage requested that this item be rem)ved
from the agenda and aced on the regular agenda.
THIS ITEM W REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE RE AGENDA.
FRIDLEY CITY COUNCIL MEETING OF AUGUST 26, 1996 PAGE 4
9. ESTABLISH A PUBLIC HEARING FOR SEPTEMBER 16, 1996, FOR OSBORNE
ROAD STREET IMPROVEMENT PROJECT NO. ST. 1994-5 (WARD 2):
Mr. Burns, City Manager, stated that th/the
lic hearing is
requested in conjunction with the Countans to improve
Osborne Road from Old Central Avenue toon Bo levard.
The project includes street widening, insion f concrete
curb and gutter, a sidewalk/bikewaytorm water
improvements. The City's share of this ps $104,077.17
for a portion of the bike path on the nide of Osborne
Road and for sidewalk with curb and guttthe south side
of Osborne Road. The curb and gutter poof the project
would be assessed, and the City would alsoff-system MSA
funds for the City's portion of the projest.
SET THE PUBLIC HEARING FOR THE OSBORNEOAD STREET IMPROVEMENT
PROJECT NO. ST. 1994-5 FOR SEPTEMBER A, 1996.
10. DENIAL OF PURCHASE AGREEMENT BETWEXN THE CITY OF FRIDLEY
F-Alamwa01RAM2i�Nlli1MMA SBMow
Mr. Burns, City Manager, statAd that this purchase agreement
was negotiated in the spring of 1995 at the time the City was
anticipating the location o a liquor store at this site. The
City Council subsequently opted to table the rezoning of the
property and to abandon e City's effort to locate a liquor
store at this location. The return of the earnest money was
predicated on the Cou il's denial of the purchase agreement
and/or denial of thYelt
ezoning. While the earnest money has
been returned, he it would be wise to satisfy the
condition for. its r turn.
DENIED PURCHASE
FOR PROPERTY LO
11. CLAIMS:
AUTHORIZEDAYM
SEMENT BETWEEN THE CITY AND CP RAIL SYSTEM
D AT UNIVERSITY AVENUE AND 73RD AVENUE.
OF CLAIM NOS. 69583 THROUGH 69817.
12. LICENSES•
THIS EM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE GULAR AGENDA.
13. ES MATES:
PROVED THE ESTIMATES, AS FOLLOWS:
V
CITY OF FR LEY
6431 UNIVERSITY AV] 1NUE N.E.
FRIDLEY, MN 55432
(612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT
VACEAPPLICATION FORM
PROPERlY INFORMATION - site plan required for submittal; see attached
Address:
WNJ
Property Identification Number (PIN)
Legal description:
Lot aQ Block Tract/Addition
Current zoning: Square footage/acreage
Reason for variance and, hardship:
Section of City Code:
Have you operated a bus' ess in a city which required a business license?
Yes No If yes, which city?
If yes, what type of business?
Was that license ever den led or revoked? Yes No
IEEE QWNER IOR ATI QN (as it appears on the property title)
(Contract Purchasers: FeOwners must sign this form prior to processing)
NAME �-�N
ADDRESS- u) N)
DAyrimEpHoNELL\---L�—��'-_.-?�---
SIGNATURE DATE S
PETITIONER INFQRMAII()N
NAME
ADDRESS
DAYTEME PHONE
SIGNATURE DATE
Fee: $100.00 $60.00 for residential propei des
Permit VAR # �eceipt #
Application received by:
Scheduled Appeals Commission date:
Scheduled City Council date:
f
� � 9
6A
�\47
wA%LkWALIT--
Q-0
,
Q 20
SITE PLAN
VAR #95-24 MLING LIST - kILED:
Kenneth Anderson
Kenneth Anderson City Council (6) Diane Savage
132 River Edge Way 567 Rice Creek Terrace N.E.
Fridley, MN 55432 Fridley, MN 55432
Lewis & Velma Farr Olga Pragal Karen L. Clark
157 Rivers Edge Way 152 River Edge Way 148 River Edge Way N.E.
Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432
Joseph & Irene Martens Jean O. Johnson Steven & Tamara Indihar
144 River Edge Way 140 River Edge Way 136 River Edge Way N.E.
Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432
Bert & Olga Slater Raymond & Doris Rucinski Helen Mikulak
128 River Edge Way 124 River Edge Way 129 River Edge Way
Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432
Diann Bonine Brian Hodson Donald G., Jr. & M.M. Sibell
125 Rivers Edge Way S. A. Lazorshak 117 River Edge Way
Fridley, MN 55432 121 Rivers Edge Way Fridley, MN 55432
Fridley, MN 55432
Robert F. Soli Ind. School Dist. #14 Dennis & Mavis Gruhlke
Patrick F. Soli 6000 West Moore Lake Dr. N.E. 176 River Edge Way
113 River Edge Way Fridley, MN 55432 Fridley, MN 55432
Fridley, MN 55432
Ronald J. Stommes Gerald & Mollie Nugent Jerry & Sandra Byzewski
172 River Edge Way 168 River Edge Way 164 River Edge Way
Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432
Peter & Linda Borman James & Mariellen Haley Keith & Barbara Olson
120 River Edge Way N.E. 116 River Edge Way 112 River Edge Way
Fridley, MN 55432 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, September 12,
1995, at 8:00 p.m. for the purpose of:
Consideration of variance request, VAR #95-
24, by Kenneth Anderson, pursuant to Section
205.07.03.D.(3)of the Fridley City Code to
reduce the required rear yard setback from 25
feet to 21 feet to allow the construction of
a porch and garage on Lot 20, Block 1, River
Edge Addition, the same being 132 River Edge
Way N.E., Fridley, Minnesota, 55432.
Any and all persons desiring to be heard shall be given the
opportunity at the above stated time and place.
DIANE SAVAGE
CHAIRPERSON
APPEALS COMMISSION
Any questions related to this item may be referred to the Fridley
Community Development Department, 572-3592.
Hearing impaired persons planning to attend who need an
interpreter or other persons with disabilities who require
auxiliary aids should contact Roberta Collins at 572-3500 no
later than September 5, 1995.
CITY OF FRIDLEY
CfIYOF
CRYOFCOMMISSION APPLICATION REVIEW
File Number File Date Meeting Date
VAR #95-24 8/22/95 9-12-95
File Description: Petitioner: Kenneth Anderson_
132 River Edge Parkway
Fridley, MN 55432
Complete Review Checklist; Return to The community Development Department
*** Comments ***
Barbara Dacy
Scott Hickok
Michele McPherson
--AC-1111) (_ 0 I C_ Z( k
John Flora
John Palacio
Clyde Moravetz
Leon Madsen
Dave Sallman
Dick Larson
I,2 SEC
C/TY
15, T. 30, R. 24
OF FR/OL EY
CONDOM/NX/A/ MR B
X18
VAR •495-24
Kenneth Anderson 5T
=r 4 I
I)
M.
1`C�a
o :. e r�Y 1/.oWn
Robertrenson School R °� �� P`" as
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