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VAR 99-25�A CITY OF FRIDLEY 6431 UNIVERSITY AVENUE FRIDLEY, MN 55432 (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT VARIANCE APPLICATION FOR: Residential Commercial/Industrial Signs. PROPERTY INFORMATION: - site plan required or submittal, see attached Address:' Property Identification Number: Legal Description: Lot Block Tract/Addition Current Zoning: Square footage/acreage: Reason for Variance: Have you erated a business in a city which required a business license? Yes V 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) (Contract p asers: Fee owners must sign thi orm p ' r to NAME: !rssing) ADDRESS: DAYTIME P O E: �— SIGNATURE/DAT : PETITIONER INFORMATION NAME: ADDRESS: DAYTIME PHONE: ATURE/DATE: I VMMwrArVArArIYV.VNNArAbV/VvrIVNVVVN/IVv1VV V/VVNVV ArArArV VrVI V/VV ^/rVVV IbrVVV VVAIArIVV /V VIv.V/vVM/V Section of City Code: FEES Fee: $100.00 for commercial, industrial, or signs: Fee: $60.00 for residential properl:i s: Receipt #: _ Received By: Application Number: V c1'7-15 Scheduled Appeals Commission Date: Scheduled City Council Date: 10 Day Application Complete Notification Date: �Jzo C, 60 Day Date: City of Fri dley Land Use Application Process City Council Decision Approval or Denial 50-60 Days I Approved, Action Taken Letter. Tabled, 60 More Days Denied Public Hearings: Rezonings Zoning Amendments 60 Day Agency Action Law Application Date Appeals Commission Meet 60 Day Window Starts Recommendation to Council 21-40 Days Application Complete 11 10 Day Notice Submit Complete Public Hearings: Application and Variance Materials Vacations Lot Splits Plats Rezonings Zoning Amendments Wetland Replacements Comprehensive Plan Special Use Permits City Council Decision Approval or Denial 50-60 Days I Approved, Action Taken Letter. Tabled, 60 More Days Denied Public Hearings: Rezonings Zoning Amendments We have applied for a permit to build a shelter on our property at 6454 Riverview Terrace. We have been told that our plan does not comply with the city code because we are building the shelter on the side of our property that faces the street, which according to Fridley code is our front yard. Our property is located on the Mississippi river and the front of the house faces the river. We have an easement from the street to get to our driveway and garage. When our house was built in 1936, it was common to build the front of the house, i.e., front yard, facing the river. Our back yard faces the street. It would be impractical to build a shelter between our house and the river and would be impossible to access because the driveway only connects to the end of our lot facing the street. CITY OF FRIDLEY PUBLIC HEARING NOTICE BEFORE THE APPEALS COMMISSION TO: Residents within 350 feet of 6454 Riverview Terrace CASE NUMBER: VAR #99-25 APPLICANT. George Joseph Bydlon 6454 Riverview Terrace Fridley, MN 55432 Petitioner or representative must be at meeting. PURPOSE: • To reduce the front yard setback from 35 feet to 5 feet to correct an existing nonconformity • To reduce the front yard setback from 35 feet to 32 feet to allow construction of a second accessory building • To allow an existing accessory building in the front yard • To allow construction of a new accessory structure in the front yard LOCATION OF PROPERTYAND 6454 Riverview Terrace LEGAL DESCRIPTION: Part of Lot 14, Revised Auditor's Subdivision No. 23 DATE AND TIME OF Appeals Commission Meeting, September 22, 1999, at HEARING: 7:30 p.m. The Appeals Commission meetings are televised live the night of the meeting on Channel 35. PLACE OF Fridley Municipal Center, City Council Chambers HEARING: 6431 University Avenue HOW TO 1. You may attend hearings and testify. PARTICIPATE: 2. You may send a letter before the hearing to Scott Hickok, Planning Coordinator, or Paul Bolin, Planner, at 6431 University Avenue N.E., Fridley, MN 55432 or fax at 571- 1287. SPECIAL Hearing impaired persons planning to attend who need an ACCOMMODATION: interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than September 15, 1999. ANY QUESTIONS: Contact Scott Hickok, Planning Coordinator, at 572-3599, or Paul Bolin, Planner, at 572-3593. Mailing Date: September 13, 1999 M = City of '� Fridley E a Community Development Department Land Use Permit Notification �1 MMIMEN EMEM R-1 - One Family Units R 2 Two Famly Units W1- Light industrial M•2 - Heavy Ir�trial N Sounom Z r M M-3 - Outdoor Intensive = P- Public Facilities Heavy Industrial Permit Application, Fddiey Manning Fridley GIS Glueing 3 J3 3 � Land Use t6 mt s2 -R �er�uel�oprr�eraD> n �1 MMIMEN EMEM R-1 - One Family Units R 2 Two Famly Units W1- Light industrial M•2 - Heavy Ir�trial N Sounom Z - R-3 - General Multiple Units RA- Mobile Hon Parks M M-3 - Outdoor Intensive = P- Public Facilities Heavy Industrial Permit Application, Fddiey Manning Fridley GIS Glueing LU PUD -Planned Unit Developrr�t Land Use mt s2 -R �er�uel�oprr�eraD> n I-- ]FM M RR Variance, VAR #99-25 Ar�dka LU C-1-loralBusiness /V Parcel iLUnes 6454 Riverview Terrace G2 - General Business C-3- General ShoOn9 yy�pr Features M C•R1- General Office CURRENT RESIDENT AAATUSHAK BERNADINE M 'URRENT RESIDENT 140 MISSISSIPPI PL NE 141 641/2 WAY NE 150 64 1/2 WAY NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 CURRENT RESIDENT LUCKOW WALTER E & MARY E ARNOLD ETHEL A 160 MISSISSIPPI PL NE 16164 1/2 WAY NE 3205 HILLDALE ST NE FRIDLEY, MN FRIDLEY, MN 55432 MPLS, MN 55418 SMUDER STEVEN S & JEANNE M LOGE HAROLD Q & FRANCES E NEBELUNG GORDON C & BONALYN 6414 E RIVER RD NE 6416 RIVERVIEW TER NE 6417 RIVERVIEW TER NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 ENGLUND GORDON GREENWALD JUDITH A RAYMOND ERNA L 6418 RIVERVIEW TER NE 6419 RIVERVIEW TER NE 6420 E RIVER RD NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 KLINGENSMITH D G & C A MYSLAJEK ALBIN J & JUNE CODY JAMES B & DORINE C 6420 RIVERVIEW TER NE 6430 RIVERVIEW TER NE 6431 RIVERVIEW TER NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 HEROUX SANDRA L SODERSTROM RUSSELL W & V J ESTLING JOHN R & GAIL 6434 RIVERVIEW TER NE 6438 RIVERVIEW TER NE 6440 RIVERVIEW TER NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 SMITH CRAIG B & MICHELE M BYDLON GEORGE JOHNSON NELS C & CHARLENE R 6441 RIVERVIEW TER NE 6454 RIVERVIEW TER NE 6456 RIVERVIEW TER NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 MORKRID RICHARD J & K K BUNDY CONSTANCE G CARLSON RODNEY J & DENISE M 6461 RIVERVIEW TER NE 6470 RIVERVIEW TER NE 6472 RIVERVIEW TER NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRAGALE EDWARD P BALAFAS DOLORES E GARNESS DOREEN L 6480 RIVERVIEW TER NE 6482 RIVERVIEW TER NE 6489 RIVERVIEW TER NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 HARRIER CONSTRUCTION INC TANBERG TERRY A CURRENT RESIDENT 6490 RIVERVIEW TER NE 6491 RIVERVIEW TER NE 6492 RIVERVIEW TER NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 STIMMLER BARBARA J PITEZEL ELAINE M JESPERSEN C S& PALMER J K 6493 RIVERVIEW TER NE 6495 RIVERVIEW TER NE 6496 RIVERVIEW TER NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 CURRENT RESIDENT 6540 E RIVER RD NE FRIDLEY, MN 55432 Bad Address 1 FRIDLEY, MN FRIDLEY CITY OF Bad Address 4 6431 UNIVERSITY AVE NE FRIDLEY, MN 55432 KCS PROPERTY MANAGEMENT INC 8100 12TH AVE S SUITE #200 BLOOMINGTON, MN 55425 FREYINGER KLAUS C. Bad Address 2 FRIDLEY, MN 55432 NAGEL LOREN J & ARLEEN L 8102 NEEDHAM AVE NE ELK RIVER, MN 55330 Bad Address 3 0 C17YOF FRIDLEY FRIDLEY MUNICIPAL CENTER - 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 - (612) 571-3450 - FAX (612) 571-1287 September 3, 1999 Mr. George Bydlon 6454 Riverview Terrace Fridley, MN 55432 Dear Mr. Bydlon: Per Minnesota Statute 15.99, local government units are required to notify land use applicants within 10 days if their applications are complete. We received an application for a variance on August 27, 1999. This letter serves to inform you that your application is not complete. Please send a written description of your hardship, by September 10th. Your variance application hearing, discussion, and action will take place at the City of Fridley Appeals Commission Meeting on September 22, 1999 at 7:30 P.M. in the City Council Chambers at 6431 University Avenue. If you have any questions regarding this letter or the process, please feel free to contact me at 572-3593. Sincerely, Paul Bolin Planner PB C-99-161 VAR #99-25 Analysis George Bydlon, petitioner, is requesting a variance to allow an existing accessory structure to be located in the front yard with a 5' setback. Petitioner is also seeking a variance to construct a second accessory building in the front yard, with a 32' setback. The new structure will be used in the winter for covered, screened pontoon boat storage and in the summer will be used as a screen porch/park shelter type building for the petitioner and his family. The original home was built in 1936, facing the river. In 1949, the garage was built in it's current location. In 1985, a variance was granted for an addition to the home that reduced the setback from the bluff line from 40' to 20'. By code, this is the petitioners rear yard. Due to the fact that structures must be setback 40' from the bluff line, the only place for the petitioner to construct or locate accessory buildings is in the Code defined front yard. Accessory buildings over 240 square feet are a permitted special use, and the Planning Commission has recommended that the City Council approve the special use permit. If the building were reduced by 2' in length it would not require the special use permit. However, these two feet are needed by the petitioner to accommodate storage of his pontoon boat and avoid code violations for boat storage in the front yard. The existing garage and the proposed accessory building are a total of 588 square feet, which is 812 square feet less than the total allowed by Code. The petitioner accesses his home through a 25' wide easement across the property immediately to the East of his property. This neighboring property shields all views of the petitioners property. The location of the proposed accessory structure is located such that it will not take away neighbors view's of the river. Due to the unique layout of this site, the location of this accessory structure seems to be the optimal spot for this site. Therefore, staff recommends approval of these variance requests. Staff Recommendation City Staff recommends approval of these variance requests, with stipulations. The need for these variances is due to the way the home was originally built in 1936. The layout of this lot is a unique situation and approving these variances should not set a precedent for undeveloped lots in the future. Stipulations 1. All necessary permits shall be obtained from the City prior to constriction. 2. This special use permit shall become null and void if SP #99-10 is not approved. 3. The accessory building shall be architecturally compatible with the existing home and garage. APPEALS COMMISSION ML-. ING, SEPTEMBER 22, 1999 PAGE 6 UPON A VOICE VOTE, ALL WINING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:00 P.M. Ms. Mau stated that she can see th need for the setback. It is a hardship to have to come away from the chimney. The h me next to it is far enough away so it will not be impacted. As long as no neighbors h ve raised any objection, she would not have a problem with it. Mr. Jones stated he can see the hardsh and the fact that the neighbor's house is far enough away to not have a direct impact He would vote. in.favor of this request. Mr. Kuechle concurred and that the impac are minimal. MOTION by Mr. Jones, seconded by Dr. Vo , to approve the Variance Request, #99-22, to reduce the side yard setback from 5 feet t 3 feet to allow the construction of a stairway on Lot 7, Block 1, Innsbruck North 2 d Addition, generally located at 5477 East Danube Road with the following stipulation: All necessary permits shall be obtained form�he City prior to construction of the stairway. UPON A VOICE VOTE, ALL VOTING AYE, CHA��PERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. PUBLIC HEARING: _VARIANCE REQUEST.VAR #99-25. BY GEORGE JOSEPH BYDLON: Per Section 205.07.03.D.(1) of the Fridley Zoning Code, to reduce the front yard setback from 35 feet to 5 feet to correct an existing nonconformity; Per Section 205.307.03.D.(1) of the Fridley Zoning Code, to reduce the front yard setback form 35 feet to 32 feet to allow the construction of a second accessory building; Per Section 205.04.05.6 of the Fridley Zoning Code, to allow an existing accessory building in the front yard; Per Section 205.04.05.6 of the Fridley Zoning Code, to allow the construction of a new accessory structure in the front yard on Part of Lot 14, Revised Auditor's division No. 23, generally located at 6454 Riverview Terrace. MOTION by Mr. Jones, seconded by Ms. Mau, to waive the reading of the public hearing notice and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPEN AT 8:03 P.M. Mr. Bolin stated that the petitioner is requesting this variance to allow an existing accessory structure to be located in the front yard with a five-foot setback. The petitioner would also like to construct a second accessory building in the front yard with APPEALS COMMISSION M.- PING, SEPTEMBER 22, 1999 PAGE 7 a 32 -foot setback. The petitioner has already received the recommendation to approve a special use permit allowing the construction of the 260 square foot second accessory building from the Planning Commission. The petitioner's home is located at 6454 Riverview Terrace. It is zoned R-1, single family, as are all the surrounding properties. To the west is the Mississippi River. There is a property in front of the petitioners that prevents the petitioner from having any property abutting the City street. The petitioner accesses his property through a 25 -foot wide easement. The home was built in 1936, facing the river at the time. In 1939, three years after the home was built, the lot was actually platted. In 1949, the existing garage was built. In 1985, the petitioner received a variance to place an addition onto what is technically the rear of the home. Mr. Bolin stated there is a fairly gentle slope from the garage down to the river bluff. The yard is well landscaped, covered by grass, trees, and flower gardens. The petitioner considers the front to be facing the code defined rear yard, which is the river. It would not be possible to build any structures in the code defined rear yard because of the bluff line and the setbacks. The proposed structure would be in similar character as the garage with the same type of wood and roofline. The proposed structure will serve two purposes for the petitioner. In the winter, it will be enclosed with lattice and will be used for storage for the pontoon. In the summer, it would be screened and used as a screen porch for the petitioner. The property that separates the petitioner from Riverview Terrace has been purchased by the petitioner. The petitioner's mother is moving into that home. Staff does recommend approval of all four of the variance requests with stipulations. The need for these variances is due to the way the home was built in 1936. The layout of the lot is unique due to the river, the bluff lines, and the bluff line setbacks. Approving theses variance should not set a precedent for undeveloped lots in the future. Dr. Vos asked if the easement has to be hard surface. Mr. Bolin stated that it would have to comply with the City Ordinance. Mr. George Bydlon, 6454 Riverview Terrace, stated that he understood the three stipulations and did not have anything to add to Mr. Bolin's presentation. MOTION by Dr. Vos, seconded by Ms. Mau, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE HEARING CLOSED AT 8:15 P.M. Dr. Vos stated that because of the unique situation of the house, the optimal place to put the accessory building would be as stated in the variance request. He would vote in favor of the request. Ms. Mau concurred and stated that the petitioner really does not have any other option for the accessory building. APPEALS COMMISSION M,- TING, SEPTEMBER 22, 1999 PAGE 8 Mr. Jones also concurred. MOTION by Dr. Vos, seconded by Ms. Mau, to approve the Variance Request, VAR #99-25, to reduce the front yard setback from 35 feet to 5 feet to correct an existing nonconformity; to reduce the front yard setback from 35 feet to 32 feet to allow the construction of a second accessory building; to allow an existing accessory building in the front yard; and to allow the construction of a new accessory building in the front yard on Part of Lot 14, Revised Auditor's Subdivision No. 23, generally located at 6454 Riverview Terrace, with the following stipulations: 1. All necessary permits shall be obtained from the City prior to construction. 2. This variance shall become null and void if SP #99-10 is not approved. 3. The accessory building shall be architecturally compatible with the existing home and garage. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Bolin stated that Mr. Bydlon cannot obtain a building permit until City Council approves the special use permit at the October 11, 1999 meeting. 5. Per Section 205.14.03.d.(2) of the ridley Zoning code, to reduce the side yard setback from 15 feet to six feet to al w the construction of a storage facility addition on Lot 1, Block 1, Walnut A ition, generally located at 7365 Central Avenue. MOTION by Dr. Vos, seconded by Ms. Mau, notice and open the public hearing. UPON A VOICE VOTE, CHAIRPERSON KUE1 CARRIED AND THE PUBLIC HEARING WAS waive the reading of the public hearing .E DECLARED THE MOTION EN AT 8:16 P.M. . Mr. Bolin stated that American Legion Post #303, located at 7365 Central Avenue, is seeking to reduce the side yard setback from 15 f et to 6 feet to construct an addition with handicapped accessible restrooms and handlpped accessible doors to the facility. City code does require the side yard setbac of 15 feet. The property is zoned C-2. The property to the north zoned C-1. The prop rty to the south is zoned C-1, but contains a single family home. The property to the w st is zoned M-1. To the north of that is a mobile home park. At one time this property oused five different businesses. The original building was erected in 1949. It was built ithin six feet of the site property line. In 1967 or so, the five businesses were located o the site. In 1975, a portion of the building burned, and following some reconstruction nd rezoning of the property to C-2, in 1976 the American Legion took over the building. City of Fridley Land Use Application VAR #99-25 September 15, 1999 GENERAL INFORMATION SPECIAL INFORMATION Applicant: George Bydlon 6454 Riverview Terrace Fridley, MN 55432 Requested Action: Variances to correct an existing non- conformity and to allow the construction of a second accessory structure in the Code defined front yard. Existing Zoning: R-1 (Single Family Residential) Location: 6454 Riverview Terrace Size: 27,795 square feet .64 acres Existing Land Use: Single family home. Surrounding Land Use & Zoning: N: Single Family & R-1 E: Single Family & R-1 S: Single Family & R-1 W: Mississippi River Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Sec. 205.07.03.D.(1) requires a front yard setback of 35'. Sec. 205.04.05.B. requires accessory buildings be located in the side or rear yard only. Zoning History: 1936 - Original home is built. 1939 - Lot is platted. 1949 - Garage is built. 1985 - Home addition Legal Description of Property: Part of Lot 14, Auditor's Subdivision No. 23. Public Utilities: Property utilizes on-site septic and well. Transportation: Riverview Terrace provides access to site. Physical Characteristics: Gentle sloping lot from garage to river bluff. Well landscaped yard covered by grass, trees, and flower gardens. SUMMARY OF PROJECT George Bydlon, petitioner, is requesting a variance to allow an existing accessory structure to be located in the front yard with a 5' setback. Petitioner is also seeking a variance to construct a second accessory building in the front yard, with a 32' setback. A Special Use Permit, for the second accessory building has been recommended for approval by the Planning Commission SUMMARY OF ANALYSIS City Staff recommends approval of these variance requests, with stipulations. The need for these variances is due to the way the home was originally built in 1936. The layout of this lot is a unique situation and approving these variances should not set a precedent for undeveloped lots in the future. CITY COUNCIL ACTION October 11, 1999 Staff Report Prepared by: Paul Bolin VAR #99-25 Analysis George Bydlon, petitioner, is requesting a variance to allow an existing accessory structure to be located in the front yard with a 5' setback. Petitioner is also seeking a variance to construct a second accessory building in the front yard, with a 32' setback. The new structure will be used in the winter for covered, screened pontoon boat storage and in the summer will be used as a screen porch/park shelter type building for the petitioner and his family. The original home was built in 1936, facing the river. In 1949, the garage was built in it's current location. In 1985, a variance was granted for an addition to the home that reduced the setback from the bluff line from 40' to 20'. By code, this is the petitioners rear yard. Due to the fact that structures must be setback 40' from the bluff line, the only place for the petitioner to construct or locate accessory buildings is in the Code defined front yard. Accessory buildings over 240 square feet are a permitted special use, and the Planning Commission has recommended that the City Council approve the special use permit. If the building were reduced by 2' in length it would not require the special use permit. However, these two feet are needed by the petitioner to accommodate storage of his pontoon boat and avoid code violations for boat storage in the front yard. The existing garage and the proposed accessory building are a total of 588 square feet, which is 812 square feet less than the total allowed by Code. The petitioner accesses his home through a 25' wide easement across the property immediately to the East of his property. This neighboring property shields all views of the petitioners property. The location of the proposed accessory structure is located such that it will not take away neighbors view's of the river. Due to the unique layout of this site, the location of this accessory structure seems to be the optimal spot for this site. Therefore, staff recommends approval of these variance requests. Staff Recommendation City Staff recommends approval of these variance requests, with stipulations. The need for these variances is due to the way the home was originally built in 1936. The layout of this lot is a unique situation and approving these variances should not set a precedent for undeveloped lots in the future. Stipulations 1. All necessary permits shall be obtained from the City prior to construction. 2. This special use permit shall become null and void if SP #99-10 is not approved. 3. The accessory building shall be architecturally compatible with the existing home and garage.