The URL can be used to link to this page

VAR 09-85U ciNOF FRIDLEY COMPASSION APPUCATION REVIEW ®q, Planning 11Oresp/D ecription variance 454 iverview lerr. - reduce setback fr luffing 40:-20',reduce�setback from nor -JIM I N F21DARREL FUCLYDE MARK j-E3LE0W--,?91 bar (Fite Date 67 8-22-85 ng Data 9-17-85 COMPLETE REVIEW CHECKLIST 1RETURN TO PLANNING COMMENTS W CITY OF FRIDLEY ® 5431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 (612)571-3450 PROPERTY INFORMATION LEGAL DESCRIPTION: VARIANCE REQUEST FORM VARIANCE FEE RECEIPT SCHEDULED APPEALS MEETIM DATE t�&,12 LOT C, 14 BLOCK TRACT/ADDITIDN Q%J e -Q'0'SUk> PQ 23 PRESENT ZON. a_ VARIANCE MUEST(g) : Attach a plat or survey of the property showing- building, variance(s), where applicable. Section of the Code: FNk � 4- WA S, Lu fL 10C_> ° 1 &q- List q List specific hardship(s) which require the variance (s) : R1 r 1 ********************************************************************************** OWNER INFORMATION NAME (please print) �`l�,¢1/ 2ti PHO14E :!E2 5!�'2SI6 SIGNATUI *******d PETITIONER INFORMATION SIGNATURE DATE ********************************************************************************** APPEALS OJMMISSION: APPROVED DENIED TATE /7 L9 Sf CITY CIDUNCIL : APPROVED DENIED DATE QCMbge t7 7 >? FSS SIURMATIONS: EM QTY USE CNLY Notification of petitioner and property owners within 200 feet: Name/Address Date notified George Bydlon, 6454 Riverview Terrace, Fridley, MN 55432 i September 6, 1985 John R. Estling, 6440 Riverview Terrace, Fridley, MN 55432 Edward P. Fra ple, 6480 Riverview Terrace, Fridley, MN 55432 Chris Zelevarov, 160 Mississippi P1. Apt. 1, Fridley, MN 55432 Walt Harrier Cons, 6490 Riverview Tei -race, Fridley, MN 55432 I I Carol J. Dulany, 6482 Riverview Terrace, Fridley, MN 55432 I Ethel A. Arnold, 6490 Riverview Terrace, Fridley, MN 55432 I I Denise L. Smith, 6492 Riverview Terrace, Fridley, MN 55432 I James B. Cody,*6431 Riverview Terrace, Fridley, MN 55432 I John M.. Metcalfe, 6418 Riverview Terrace, Fridley, MN 55432 I I Nets C. Johnson, 6456 Riverview Terrace, Fridley, MN 55432 Richard J. Morkrid, 6461 Riverview Terrace, Fridley, MN 55432 I Rodney J. Carlson, 6472 Riverview Terrace, Fridley, MN 55432 I I Scott Greenwald, 6419 Riverview Terrace, Fridley, MN 55432 I I Maurice T. Bruflodt, 6418 Riverview Terrace, Fridley, MN 55432 I Daniel G. Klingensmith, 6420 Riverview Terrace, Fridley, MN 55432 I Suzanne L. Koprowski, 6470 Riverview Terrace, Fridley, MN 55432 I Frederic G. Foster, 6441 Riverview Terrace, Fridley, MN 55432 Leif H. Henriksen, 6434 Riverview Terrace, Fridley, MN 55432 I I Albin J. Muslajek, 6430 Riverview Terrace, Fridley, MN 55432 I I Russell W. Soderstrom, 6438 Riverview Terrace, Fridley, MN 55432 I 6 D CITY OF FRIDLEY APPEALS COMMISSION MEETING, SEPTEMBER 17, 1985 ... CALL TO DER: Chairperson abel called the September 17, 1985, Appeals Commission meeting to order at 7:32 .m. ROLL CALL: Members Present: P Gabel, Alex Barna, Jim Plemel, Jean Gerou, Donald Betzold Members Absent: None Others Present: Darrel tlark, Ctty of Fridley Rochelle oohn, 6454 -Riverview Terrace George By d%APPEAU 4 Riverview Terrace James Faulity Medical Center APPROVAL OF AUGUST 27 1985COMMISSION'MINUTES: MOTION BY MR. BETZOLD, SECONDED BY MR. BARNA, TO APPROVE THE AUGUST 27, 1985, APPEALS COMMISSION MINUTES AS WRITTEN. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRP%MEE ABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. OLD BUSINESS: TABLED FROM THE AUGUST 27TNG 1. CONSIDERAT1nN DE A VARIANCE REQUEST PURSUANT CHAPTER 205 OF THE FRIDLEY CITY CODE TO REDUCE THE SID77ARD -SETBACK.-FROM tU .10'.1 .-FOOT -To* ALLOW THr— CONSTRUCTIONAY (Requesty Davidon ric , 280 Stonybrook ay N.E., Fridley, M 5 432. Item to remain on the table. NEW BUSINESS: \ 2. CONSIDERATION OF VARIANCE REQUESTS PURSUANT TO CHAPTER 205 OF THE FRIDLEY CMF- LINE0 FIEET TO 2_(Y -F=, AND -TO REDUCE THE SETBACK FROM.TH-E NORMAU-= WATERIE FROM 100 FEET I , BEING'THE SAME 6454 RIVERVIEWeques y George By - on, 6454 River- view Terrace N.E., Fridley, Mn. 5432 MOTION BY MR. BETZOLD, SECONDED BY MR. BARNA, TO OPEN THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. 6 E APPEALS COMMISSION'MEETING; SEPTEMBER 17 , 1985 PAGE 2 Chairperson Gabel read the Administrative Staff Report: ADMINISTRATIVE STAFF REPORT 6454 Riverview Terrace N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.25.8.C1 requires that all new structures and uses be placed not less than forty (40) feet from the top of the bluff line overlooking the Mississippi River. Section 205.25.8.C2 requires that all new structures and uses shall be placed not less than 100 feet from the Mississippi River normal high water line as defined by the Federal Insurance Admini'stration's Flood Insurance Study. Public Purpose served by these requirements is to enforce the standards and guidelines as laid out by the Interim Development Regulations for the Mississippi River Corridor critical area. They are as follows: a. To protect and preserve a unique and valuable state and regional resource for the benefit of the health, safety, and welfare of the citizens for the state, region and nation; b. To prevent and mitigate irreversible damage to this state, regional, and national resource; c. To preserve and enhance its natural, aesthetic, cultural, and hi.storic value for the public use; d. To protect and preserve the river as an essential element in the national, state, and regional transportation, sewer and water and recreational systems; and, e. To protect and preserve the biological and ecological functions of the corridor. B. STATED HARDSHIP: "I need to position the sunroom out from the front of the house with the glass panels facing south in order to utilize the passive solar system. The solar benefit could not be achieved from any other position except the south side. The house is loated too close to the southern lot line to build from the south side leaving me with no choice but to build out from the west end of the house." C. ADMINISTRATIVE STAFF REVIEW: In keeping with Section J3 of the Interim Development Regulations for the Mississippi River Corridor Critical Area, the local unit of government may APPEALS COMMISSION MEETING,'SEPTEMBER-17,'1985 PAGE 3 grant a variance from the strict compliance of the setback fo the Interim Regulations after an administrative hearing conducted according to the regulations of that local unit of government, and may be granted only then after the following findings are made: 1. The strict enforcement of the setback or height restrictions will result in unnecessary hardship. "Hardship" as used in the considera- tion of a dimension variance means that the property in question cannot be put to a reasonable use under the dimension provision of these Interim Development Regulations. 2. There are exceptional circumstances unique to the property that were not created by the landowner after April 25, 1975. 3. The dimension variance does not allow any use that is not a compatible use in the land use district in which the property is located. 4. The dimension variance will not alter the essential character of the locality as established by these Interim Development Regulations. 5. The dimension variance will not be contrary to the Order. We have had two previous variance requests for critical areas; both have gone to the City Council for final action. 1. 7776 Alden Way: New house went to City Council without a recommendation and the Council approved the request in August 1977 to build 65 feet from the high water mark and 42 feet from the bluff line. 2. 7806 Alden Way: Addition onto an existing house in 1981 was recommended to Council for approval by the Board and the Council approved building 70 feet from the high water mark and 30 feet from the bluff line. This addition was never built. There are two homes in this general area (within 200 feet of the petitioners) that are built in the critical area zone; one adjacent to and south of the petitioners and about 10 feet further back from the petitioners' request. The other at 6488 Riverview Terrace (third house north)is much closer than the petitioners' request. If the Board approves this request, the staff has no stipulations to suggest. Mr. Clark stated that referring to the staff review, he believed this proposal met the criteria in items #2, #3, #4, and #5. The discussion was really over the hardship. Mr. Clark showed the Commissioners an aerial photo of the site. He stated the aerial photo substantiated the setbacks in the general area. He stated the petitioner wants to build a sunroom (atrium) for passive solar heat. 6 G APPEALS COMMISSION MEETING, SEPTEMBER*17,'1985 " PAGE 4 Mr. Bydlon explained his construction plans to the Commission. He stated he would construct a solar room with an adjoining screen porch, two bedrooms, and another screen porch. He stated the square footage of his existing house was 800 sq. ft. Mr. Betzold stated that in the stated hardship, Mr. Bydlon had said he needed "to position the sunroom out from the front of the house with the glass panels facing south in order to utilize the passive solar system". Why couldn't Mr. Bydlon expand to the east as opposed to the west? Mr. Bydlon stated he had blockage from the neighbor's house on the east. He stated he has lived in the house for ten years, and he knew this was the only place where he could get the full benefit of the sun. Ms. Gabel stated that after looking at the property, she agreed with Mr. Bydlon that, also because of heavy vegetation, this was really the only open site for full access to the sun. Mr. Barna stated he remembered receiving some state legislation some time ago stating that the placement of additions for solar purposes constituted a hardship. MOTION BY MS. GEROU, SECONDED BY MR. BARNA, TO CLOSE THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC HEARING CLOSED AT 7:58 P.M. Mr.Barna stated the petitioner would not be digging a basement into the area endangered by the bluff line. He would be putting down frost footings and dirt backfill so there was not going to be any real heavy equipment disturbing the soil. The extremity of the wall would be 20 ft. back from the bluff line which would mean about 14 ft. or more with the extremity of the trench so he did not think there would be any disturbance in the bluff line, soil, or vegetation. It was a solar addition; it would be well constructed. He felt the addition fell within the criteria of the Mississippi River Corridor Critical Area and the hardships and uses and was not creating something that could be deemed in the future as being a hazard or removing the use or the beauty of the river front. He stated he would have no objection to the variances as stated. Mr. Betzold stated he liked the plan, but he had one concern and that was that he would like the City Council to review this plan for two reasons: 1. All previous similar requests have been reviewed by the City Council, and he felt it might be appropriate for this request to also be reviewed by the City Council, rather than for the Appeals Commission to start setting policies that might affect the river development. 2. Part of his reasoning for finding a hardship here was based on some- thing Mr. Barna had mentioned earlier and that was that solar units would constitute a hardship. He did remember that legislation, but 6 H APPEALS COMMISSION MEETING, SEPTEMBER 17, 1985 PAGE 5 maybe the City Attorney should assure the City Council that, yes, it does constitute a hardship. This was not only for other people's protection to this proposal, but for the petitioner's protection as well. Ms. Gerou stated she thought this project was ecologically safe and the addition would not enfrince on the neighbors` right to add on. It also met all the criteria of a hardship. She would be in favor of the variances as requested. Mr. Plemel stated he agreed with what the other commissioners had stated. He thought people should be allowed to enjoy the environment and the river, and he certainly would have no objection to the variances as requested. Ms.Gabel stated she also did not object to the variances as requested. She was reasonably convinced that the project would be safe for the environment, and there were other homes that were built out closer to the river that have been there for a number of years. She believed the criteria was being met, and recalling the information in terms of a hardship for solar units, she felt they were well within their jurisdiction to approve these variances. MOTION BY MS. GEROU, SECONDED BY MR. BARNA, TO APPROVE VARIANCE REQUESTS PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY CODE TO REDUCE THE SETBACK FROM THE TOP OF THE MISSISSIPPI RIVER BLUFF LINE FROM 40 FEET TO 20 FEET AND TO REDUCE THE SETBACK FROM THE NORMAL HIGH WATER LINE FROM 100 FEET TO 64 FEET TO ALLOW THE CONSTRUCTION OF ADDITIONAL LIVING AREA LOCATED ON PART OF LOT 14, REVISED AUDITOR'S SUBDIVISION NO. 23, THE SAME BEING 6454 RIVERVIEW TERRACE. UPON A VOICE VOTE, GABEL, BARNA, GEROU, PLEMEL VOTING AYE, BETZOLD VOTING NAY, CHAIRPERSON GABEL DECLARED THE MOTION CARRIED BY A VOTE OF 4-1. Mr. Betzold stated he wanted to make it clear that he was not objecting to the variances but was voting "no" as a vehicle to send this item to the City Council for their review. 3. CONSIDERATION OF A VARUNCE REQUEST PURSUANT TO CHAPTER 205 OF THE FRIDLEY FEET aid J. Leivermann, MOTION BY MS. GEROU, SECONDED BY UPON A VOICE VOTE, ALL VOTING AYE, BEARING OPEN AT 8:08 P.M. IY HUbVIIAL) Kequest by ., Fridley, Mn. 55432) BARNA, TO OPEN THE PUBLIC HEARING. GABEL DECLARED THE P17BLIC Chairperson Gabel read the Administrative St f Report: [W ATS - 4� SWIMV Tkav Wom law* wss ov smmr OwPowmm@6 via tAws or ism wave or no BATE SCALE I'm MINNESOTA REGI TION No. I( - A ON hin X r_v 0 -IRON MONUMENT 140 %R041b, ly b) *7 P71- Roo5F-- LocAT i o tA 0 VA Pjb.lx_r av 1._O -r \,4A co, I 696826 OFFICE OF COUNTY RECORDER STATE OF MINNESOTA, COUNTY OF ANOKA c+ I hereby certify that the within Instru- E3 ment wa5AVedjggg0is office for,record on the -A.D., ,19_„_ -;?&�_a'clock _LM., and was duly recorded In book_ page`_ co i corder Deputy CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE (612) 571 -3450 - NOTICE OF PUBLIC HEARING Notice is hereby given that the Appeals Commission of the City of Fridley will conduct a Public Hearing in the City Council Chambers at 6431 University Avenue Northeast at 7:30 p.m. on Tuesday, September 17 , T985 in regard to the following matter: Consideration of variance requests pursuant to Chapter 205 of the Fridley City Code, to reduce the setback from the top of the Mississippi River bluffline from 40 feet to 20 feet, and to reduce the setback from the normal highwater line from 100 feet to 64 feet to allow the construction of additional living area located on part of Lot 14, Revised Auditor's Subdivision No. 23, the same being 6454 Riverview Terrace. Notice is hereby given that all persons having an interest therein will be given the opportunity to be heard at the above time and place. PATRICIA GABEL CHAIRWOMAN APPEALS COMMISSION Note: The Appeals Commission will have the final action on this request, unless there are objections from surrounding neighbors, the City Staff, or the petitioner does not agree with the Commission's decision. If any of these events occur, the request will continue to the City Council through the Planning Commission with only a recommendation from the Appeals Commission. Item #2, September 1.7, 1985 ADMINISTRATIVE STAFF REPORT 6454 Riverview Terrace N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.25.8.C1, requires that all new structures and uses be placed not less than forty (40) feet from the top of the bluffline overlooking the Mississippi River. Section 205.25.8.C2, requires that all new structures and uses shall be placed not less than 100 feet from the Mississippi River normal high water line as defined by the Federal Insurance Administration's Flood Insurance Study. Public Purpose served by these requirements is to enforce the standards and guidelines as laid out by the Interim Development Regulations for the Mississippi River Corridor critical area. They are as follows: a. To protect and preserve a unique and valuable state and regional resource for the benefit of the health, safety and welfare of the citizens for the state, region and nation; b. To prevent and mitigate irreversible damage to this state, regional, and national resource; e. To preserve and enhance its natural, aesthetic, cultural, and historic value for the public use; d. To protect and preserve the river as an essential element in the national, state, and regional transportation, sewer and water and recreational systems; and e. To protect and preserve the biological and ecological functions of the corridor. B. STATED HARDSHIP: "I need to position the sunroom out from the front of the house with the glass panels facing south in order to utilize the passive solar system. The solar benefit could not be achieved from any other position except the south side. The house is located too close to the southern lot line to build from the south side leaving me with no choice but to build out from the west end of the house. C. ADMINISTRATIVE STAFF REVIEW: In keeping with Section J3 of the Interim Development Regulations for the Mississippi River Corridor Critical Area, the local unit of government may grant a variance from the strict compliance of the setback of the Interim Regulations after an administrative hearing conducted according to the regulations of that local unit of government, and may be granted only then, after the following findings are made: 1. The strict enforcement of the setback or height restrictions will result in unnecessary hardship. "Hardship" as used in the consideration of a dimension variance means that the property in question can not be put to a reasonable use under the dimension provision of these Interim Development Regulations. 2. There are exceptional circumstances unique to the property that were not created by a landowner after April 25, 1975. 3. The dimension variance does not allow any use that is not a compatible use in the land use district in which the property is located. 4. The dimension variance will not alter the essential character of the locality as established by' these Interim Development Regulations. 5. The dimension variance will not be contrary to the Order. We have had two previous variance requests for critical areas; both have gone to the City Council for final action. 1. 7776 Alden Way: New house went to City Council without a recommendation and the Council approved the request in August, 1977 to build 65 feet from the high water mark and 42 feet from the bluffline. 2. 7806 Alden Way: Addition onto an existing house in 1981 was recommended to Council for approval by the Board and the Council approved building 70 feet from the high water mark and 30 feet from the bluffline. This addition was never built. There are two homes in this general area (within 200 feet of the petitioners) that are built in the critical area zone; one adjacent to and south of the petitioners and about 10 feet further back than the petitioners request. The other at 6488 Riverview Terrace (third house north) is much closer than the petitioners request. If the Board approves this request, the staff has no stipulations to suggest. CITY OF FRIDLEY APPEALS COMMISSION MEETING, SEPTEMBER 17, 1985 CALL TO ORDER: Chairperson Gabel called the September 17, 1985, Appeals Commission meeting to order at 7:32 p.m. ROLL CALL: Members Present: Pat Gabel, Alex Barna, Jim Plemel, Jean Gerou, Donald Betzold Menbers Absent: None Others Present: Darrel Clark, City of Fridlev Rochelle Kroohn, 6454 -Riverview Terrace George Bydion, G454 Riverview Terrace James Faulwell, Unity Medical Center APPROVAL OF AUGUST 27, 1985, APPEALS COMMISSION MINUTES: MOTION BY MR. BETZOLD, SECONDED BY MR. BARNA, TO APPROVE THE AUGUST 27, 1985, APPEALS COMMISSION MINUTES AS WRITTEN. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. OLD BUSINESS: TABLED FROM THE AUGUST 27TH MEETING 1. CONSIDERATION QEA VARIANCE REQUEST PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY CODE TO REDUCE THE SIDYARD-SETBACK FROM "Tti'FEET T0.1'F'OOT .T0"ALLOW"TFIE CONSTRUCTION OF A THREE'SEASON PORCH ON , ., AY ESTATE-S--,-ZND ADDITION, THE SAME 13= 280 STONYBROOK WAY N.E. (Request by David on ric , 280 Stonybrook ay N.E., Fridley, Mn.--55432)- Item n.5 432 Item to remain on the table. Al's � •rF rr - _� .� - - -� !p _,_ r -.,� _ �� N �r�- r,�, view Terrace N.E., Fridley, Mn. X5432 ., MOTION BY MR. BETZOLD, SECONDED BY MR. BARNA, TO OPEN THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. APPEALS COMMISSION MEETING, SEPTEMBER 17, 1985 PAGE 2 Chairperson Gabel read the Administrative Staff Report: ADMINISTRATIVE STAFF REPORT 6454 Riverview Terrace N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.25.8.C1 requires that all new structures and uses be placed not less than forty (40) feet from the top of the bluff line overlooking the Mississippi River. Section 205.25.8.C2 requires that all new structures and uses shall be placed not less than 100 feet from the Mississippi River normal high water line as defined by the Federal Insurance'Administration's Flood Insurance Study. Public Purpose served by these requirements is to enforce the standards and guidelines as laid out by the Interim Development Regulations for the Mississippi River Corridor critical area. They are as follows: a. To protect and preserve a unique and valuable state and regional resource for the benefit of the health, safety, and welfare of the citizens for the state, region and nation; b. To prevent and mitigate irreversible damage to this state, regional, and national resource; c. To preserve and enhance its natural, aesthetic, cultural, and historic value for the public use; d. To protect and preserve the river as an essential element in the national, state, and regional transportation, sewer and water and recreational systems; and, e. To protect and preserve the biological and ecological functions of the corridor. B. STATED HARDSHIP: "I need to position the sunroom out from the front of the house with the glass panels facing -south in order to utilize the passive solar system. The solar benefit could not be achieved from any other position except the south side. The house is loated too close to the southern -lot line to build from the south side leaving me with no choice but to build out from the west end of the house." C. ADMINISTRATIVE STAFF REVIEW: In keeping with Section J3 of the Interim Development Regulations for the Mississippi River Corridor Critical Area, the local unit of government may APPEALS COMMISSION -MEETING; SEPTEMBER 17'.1985 PAGE 3 grant a variance from the strict compliance of the setback fo the Interim Regulations after an administrative hearing conducted according to the regulations of that local unit of government, and may be granted only then after the following findings are made: 1. The strict enforcement of the setback or height restrictions will result in unnecessary hardship. ,"Hardship" as used in the considera- tion of a dimension variance means that the property in question cannot be put to a reasonable use under the dimension provision of these Interim Development Regulations. 2. There are exceptional circumstances unique to the property that were not created by the landowner after April 25, 1975. 3. The dimension variance does not allow any use that is not a compatible use in the land use district in which the property is located. 4. The dimension variance will not alter the essential character of the locality as established by these Interim Development Regulations. 5. The dimension variance will not be contrary to the Order. We have had two previous variance requests for critical areas; both have gone to the City Council for final action. 1. 7776 Alden Way: New house went to City Council without a recommendation and the Council approved the request in August 1977 to build 65 feet from the high water mark and 42 feet from the bluff line. 2. 7806 Alden Way: Addition onto an existing house in 1981 was recommended to Council for approval by the Board and the Council approved building 70 feet from the high water mark and 30 feet from the bluff line. This addition was never built. There are two homes in this general area (within 200 feet of the petitioners) that are built in the critical area zone; one adjacent to and south of the petitioners and about 10 feet further back from the petitioners' request. The other at 6488 Riverview Terrace (third house north)is much closer than the petitioners' request. If the Board approves this request, the staff has no stipulations to suggest. Mr. Clark stated that referring to the staff review, he believed this proposal met the criteria in items #2, #3, #4, and #5. The discussion was really over the hardship. Mr. Clark showed the Commissioners an aerial photo of the site. He stated the aerial photo substantiated the setbacks in the general area. He stated the petitioner wants to build a sunroom (atrium) for passive solar heat. APPEALS COMMISSION MEETING, SEPTEMBER 17, 1985 PAGE 4 Mr. Bydlon explained his construction plans to the Commission. He stated he would construct a solar room with an adjoining screen porch, two bedrooms, and another screen porch. He stated the square footage of his existing house was 800 sq. ft. Mr. Betzold stated that in the stated hardship, Mr. Bydlon had said he needed "to position the sunroom out from the front of the house with the glass panels facing south in order to utilize the passive solar system". Why couldn't Mr. Bydlon expand to the east as opposed to the west? Mr. Bydlon stated he had blockage from the neighbor's house on the east. He stated he has lived in the house for ten years, and he knew this was the only place where he could get the full benefit of the sun. Ms. Gabel stated that after looking at the property, she agreed with Mr. Bydlon that, also because of heavy vegetation, this was really the only open site for full access to the sun. Mr. Barna stated he remembered receiving some state legislation some time ago stating that the placement of additions for solar purposes constituted a hardship. MOTION BY MS. GEROU, SECONDED BY MR. BARNA, TO CLOSE THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC HEARING CLOSED AT 7:58 P.M. Mr.Barna stated the petitioner would not be digging a basement into the area endangered by the bluff line. He would be putting down frost footings and dirt backfill so there was not going to be any real heavy equipment disturbing the soil. The extremity of the wall would be 20 ft. back from the bluff line which would mean about 14 ft. or more with the extremity of the trench so he did not think there would be any disturbance in the bluff line, soil, or vegetation. It was a solar addition; it would be well constructed. He felt the addition fell within the criteria of the Mississippi River Corridor Critical Area and the hardships and uses and was not creating something that could be deemed in the future as being a hazard or removing the use or the beauty of the river front. He stated he would have no objection to the variances as stated. Mr. Betzold stated he liked the plan, but he had one concern and that was that he would like the City Council to review this plan for two reasons: 1. All previous similar requests have been reviewed by the City Council, and he felt it might be appropriate for this request to also be reviewed by the City Council, rather than for the Appeals Commission to start setting policies that might affect the river development. 2. Part of his reasoning for finding a hardship here was based on some- thing Mr. Barna had mentioned earlier and that was that solar units would constitute a hardship. He did remember that legislation, but APPEALS COMMISSION MEETINGS SEPTEMBER 17, 1985 PAGE 5 maybe the City Attorney should assure the City Council that, yes, it does constitute a hardship. This was not only for other people's protection to this proposal, but for the petitioner's protection as well. Ms. Gerou stated she thought this project was ecologically safe and the addition would not enfrince on the neighbors` right to add on. It also met all the criteria of a hardship. She would be in favor of the variances as requested. Mr. Plemel stated he agreed with what the other commissioners had stated. He thought people should be allowed to enjoy the environment and the river, and he certainly would have no objection to the variances as requested. Ms.Gabel stated she also did not object to the variances as requested. She was reasonably convinced that the project would be safe for the environment. and there were other homes that were built out closer to the river that have been there for a number of years. She believed the criteria was being met, and recalling the information in terms of a hardship for solar units, she felt they were well within their jurisdiction to approve these variances. MOTION BY MS. GEROU, SECONDED BY MR. BARNA, TO APPROVE VARIANCE REQUESTS PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY CODE TO REDUCE THE SETBACK FROM THE TOP OF THE MISSISSIPPI RIVER BLUFF LINE FROM 40 FEET TO 20 FEET AND TO REDUCE THE SETBACK FROM THE NORMAL HIGH WATER LINE FROM 100 FEET TO 64 FEET TO ALLOW THE CONSTRUCTION OF ADDITIONAL LIVING AREA LOCATED ON PART OF LOT 140- REVISED 4,REVISED AUDITOR'S SUBDIVISION NO. 23, THE SAME BEING 6454 RIVERVIEW TERRACE. UPON A VOICE VOTE, GABEL, BARNA, GEROU, PLEMEL VOTING AYE, BETZOLD VOTING NAY, CHAIRPERSON GABEL DECLARED THE MOTION CARRIED BY A VOTE OF 4-1. Mr. Betzold stated he wanted to make it clear that he was not objecting to the variances but was voting "no" as a vehicle to send this item to the City Council for their review. 3. CONSIDERATION OF A VARIANCE REQUEST PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY E TO REDUCE TE MINIMU14 WIDTH OF PARKING STALLS-FROK 10 -FEET TO 9 FEET 0 ALLOW MORE KING SPACES ON PARCEL 600, IN THE NORTH 17-0—F SE(7ION 11int Z)AMt bt1Nt 55U USUUKNt KUAU (UNliY HUSPIfAL) Request by Donald eivermann, 550 OsBorne-To—R7.7,Fridley, Mn. 55432) MOTION BY MS. GEROU, SECONDED BY MR. BARNA, TO OPEN THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE P17BLIC HEARING OPEN AT 8:08 P.M. Chairperson Gabel read the Administrative Staff Report: APPEALS COMMISSION MEETING, SEPTEMBER 17, 1985 PAGE 6 ADMINISTRATIVE STAFF REPORT 550 Osborne Road N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.03.54 requires a ten (10) foot wide by twenty (20) foot long area to store one (1) automobile, which has access to a public street or alley and permits ingress and egress of an automobile. Public purpose served by this requirement is to allow adequate area for ingress and egress of an'automobile. B. STATED HARDSHIP: "Due to the uncertainty surrounding our future building plans, we wish to avoid overpaving the property and still maintain adequate parking." C. ADMINISTRATIVE STAFF REVIEW: By using 9 foot stalls they will gain 65 stalls (from 653 to 718). The major portion of the lots with 9 foot stalls will be for employees only. Mr. Clark stated the diagram in the agenda packet was the special use permit that was approved by City Council for parking and additions for the whole hospital facility. Mr. Clark stated Unity Medical Center wants to reduce the size of the blacktop area because they are not sure of the future plans for the land. They do not want to put down more blacktop and then have to tear it up later to put some- thing else in. Ms. Gabel asked what the current parking requirement was for Unity Hospital. Mr. Clark stated there is no requirement in the code for hospitals. A long time ago they felt that Planning Commission zoning could not dictate parking stalls for hospitals because they do not know the nature of the business. They felt and still feel that architects for hospitals do a much better job in know- ing the needs than the City of Fridley. Ms. Gabel stated they are talking about the same amount of parking lot area whether the stalls are 9 ft. or 10 ft. If the stalls were 10 ft. instead of 9 ft., would there then not be enough stalls? Mr. Faulwell stated the biqgest concern was not for right now but for later in the winter with the removal of snow. On occasion they can lose up to 10% of the stalls because of ice and snow. Ms. Gabel asked if the 9 foot parking area would be designated that it would be employee parking. ` arr OF A� FRIDLEr Variance -George Bydlon 6454 Riverview Terrace 4S C % 1193 - - WAY _ --_• ., �.v e :fir .'_ ♦ ... '+ v < z�. � F �-,. - "-_� z, -a- � .r ':.. r r,. a i -.+ i,�� r � � `" - .f � -� ��- � � � ,. • �` g `. �;--� �/�R I"�!G�-'� �o rg ��y4��o n � � A RiV�ef i lerrage, Ti -UP 4 JAMES' 46 z x � KU R 'LAND SURVEYO4", NAL itituaT �t 1, Y Cl Y -THAT IMIS iW1VRY. •!LAN. 01! RWO�, M" •Y "Mt ON i "Ui ' *MCT PAWWWWN ya Apli i#IA! l AM'A OHLY IltRitiTiNl<O-LA1$f•lplRV6YOR tlN �'�Fl 'UllA NW Of TIMI[ "ATB CW 1iN0 @FJC. SCALE 14'= = 141NNESOTq: REGISTRATION NO. 5332 0=.IRON MONUMENT ' �} � � "' � i �•��"`�• /,per, -� �'�` r _ a-� `� _ ,`� ' � - _.� 1. si ,��` .. ��' 1�• � ' - �f S -q��f � �'- �3 L-� - .{ _� --� s � erg '• E x �. " _ 'P^L �c K a �•. �,� t;, 8. 9 � .� ,' " i 1 - � � � 7 - �_ �'lJ 1'% rya. y 1••r�8r �' ��, f - ` �` _ , v.• .. 1 ,vim,- yy.!'�O'- °a v ` l,t - ..' _ ... . - '� �y .� .-� i 5•{ � i� � , r-,�r. ., z-. sr •a¢ '.`-}r -r, Qat �. ;, � x,f ... �5• ,�_ a .. r � � b� wVx �F �=�q5 f '�V y. s•< •+ Q 'r 4 -+� i s'' . % } � � - { ,. � � '�: +# a S. t `i & c o �•}, 4 ,� fig. � + Y Lot, 3idalc. l , ' Ve3 #s Ad'4#rx►na Caiu►ty,Y canes y r- r Ai, 7 _ - '`- - . � y RIVER "0000 +iJ� Pte- /�►• �' • °` � � ` f.... �„s e doom to 10 � '' 1. ... _ - :.► �4 ,vim '. �_ `7r. ^ `. �T --arm, 7ml a old Ab Ak- b ` + �`� �1 ,tom' �`ar �1 ` '`i 1 1�! a�PeA e►=i"e .� owner's to be approved by the City and recorded aaunty; and (3) the subdivision. is to be recorded at Anoka (bunt any building permit. Secon:led by Councilman Fitzpatrick. n a voice vote, all voting aye, Mayor' Nee declared the motion warn unanimously. NDTION by Councilman Sch r to direct the administration to take steps to amend! the existin errant on the property, to which the City is a party to provit3e for ruction of duplexes on the property with zero lot lines. Seconde Councilman Fitzpatrick. Upon a voice vote, all voting aye, Nh ee declared the motion carried unanimously. 6."- RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF SEPTEMBER 24, 1985: A. -1. CONSIDERATION OF VARIANCE REQUEST TO REDUCE SETBACK ROM TOP OF RIVER BLUFFLINE AND TO REDUCE WMACK F RMAL HIGH MTER LINE TO ALLOW CONSTRUCTION OF ADDI- IONAL LIVING AREA EW Y GE 1V: Mr. Flora, Public Works Director, stated this variance is requested to reduce the setback frau the top of the Mississippi River bluff line from 40 to 20 feet and to reduce the setback f ran the normal high water line from 100 to 64 feet in order to allow the construction of additional living area at 6454 Riverview Terrace. Mr. ora stated the petitioner is requesting these variances in order to add all porch and sundeck to the rear of his hoarse. Mr. Flora stated the hardship expressed by the petitioner was the need to position the sunroan out f an the front of the house with glass panels facing south in order to utilize the passive solar system. The petition states the solar benefit could not be achieved frau any other position except the south side and the house is located too close to the southern lot lire to build there, leaving him no choice but to build to the west end. Mr. Flora stated in keeping with the Interim Development Regulations for the Mississippi River Corridor Critical Area, a local government unit may grant a variance frau strict compliance of the setback after an administrative hearing and after the following findings are made: (1) strict enforcement of the setback or height restrictions will result in unnecessary hardship; (2) there are exceptional circumstances unique to the property that were not created by the landowner after April 25, 1975; (3) the dimension variance does not allow any use that is not a compatible use in the land use district in which the property is located; (4) the dimension variance will not alter the asential character of the locality as established by the Interim Devel pment Regulations; and (5) the dimension variance will not be contrary to th Order. -5- `9 Mr. Flora stated the Appeals Commission found that the variance requests satisfied all fair of the findings and recommended approval of the variances by a 4 to 1 vote. The negative vote was made to allow Council to hear this item. MJTION by Councilman Fitzpatrick to concur with the recommendation of the Appeals Commission and approve the variances to reduce the setback frown the top of the Mississippi River bluffline from .10 feet to 20 feet and to reduce the setback frau the normal high water line from 100 feet to 64 feet to allow the construction of additional living area at 6454 Riverview Terrace. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. A-2. CONSIDERATION OF A VARIANCE REQUEST TO REDUCE THE MINIMUM WIDTH OF PARKING SMALLS FROM A 10 FEET TO 9 FEET TO ALLOW MORE PARKING SPACES, 550 OSBORNE ROAD N.E., UNITY HOSPITAL: Mr\spaoe Public Works Director, stated this is a request for a variance to reminimum width of parking stalls from 10 to 9 feet at Unity HoHe stated the Council previously approved a special use permit fopital to construct additional parking for their employees. He stthat time, the hospital is concerned about eliminating all the grd wish to vary the parking stall size fran a width of 10 feet ton o r to obtain the required amount of parking and still leave adgreen rea. Mr. Flora stated the ardship expressed by the petitioner was due to the uncertainty surroundin their future building plans, they wish to avoid overpaving the property d still maintain adequate parking. Mr. Flora stated the Appeals ission has recommended approval of this variance. Mayor Nee asked if nine foot wide rlix stated some cities have gone to this , compact cars. Mr. Flora stated at th discussion regarding use of nine fc stated the petitioner had stated they foot stalls for patient parking. stalls were typical. Mr. Flora because of the large amount of eals Commission meeting, there was talls for employee parking. He comfortable they have enough ten MJTION by Councilman Goodspeed to concur wi the recommendation of the Appeals Commission and grant the variance to re ce the minimum width of employee parking stalls from 10 feet to 9 feet on cel 600, in the north 1/2 of Section 11, the same being 550 Osborne R (Unity Hospital). Seconded by Councilman Schneider. Upon a voice vote, voting aye, Mayor Nee declared the motion carried unanimously. Councilman Goodspeed stated he felt the ordinance should lsj� reviewed to -6- GEORGE BYDLON 6454 Riverview Terrace Consideration of Variance Request to Reduce Setback from Top of River Bluffline and to Reduce Setback from Normal High Water Line to Allow Con- struction of Additional Living Area. COUNCIL ACTION 10/7/85 APPROVED. No Stips. 3r1� CIlYOF FRIDLEY CIVIC CENTER - 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 - PHONE (612) 571-3450 George Bydlon 6454 Riverview Terrace N.E. CITY COUNCIL Fridley, MN 55432 On October 7, 1985 ACTION TAKEN NOTICE , the Fridley City Council officially approved your request for variances to reduce the setback from the top of the Mississippi River bluffline from 40 feet to 20 feet, and to reduce the setback from the normal highwater line from 100 feet to 64 feet to allow the construction of additional living area on part of Lot 14, Revised Auditor's Sub. #23, 6454 Riverview Ti with the following stipulations: None. If you have any questions regarding the above action, please call the Planning Department at 571-3450. Sincerely, a x f James L. Robins n Planning Coordinator JLR/dm Please review the noted stipulations, sign the statement below and return one copy to the City of Fridley Planning Department. oncur with actio taken t STATE OF MINNESOTA COUNTY OF ANOKA CITY OF FRIDLEY In the Matter of A Variance located on part of CITY COUNCIL PROCEEDINGS Lot 14, Auditor's Subdivision No. 23, the same being 6454 Riverview Terrace V- - George B.ydlon . Owner VARIANCE The above entitled matter came before the City Council of the City of Fridley and was heard on the 7th day of October , 1985 , on a petition for a variance pursuant to 'tie City of ri ey s Zoning Ordinance, for the following described property: To reduce the setback from the top of the Mississippi River Bluffline from 40 feet to 20 feet, and to reduce the setback from the normal high water line from 100 feet to 64 feet to allow the construction of additional. living area located on part of Lot 14, Audltor's Sub division No. 23, IT IS ORDERED that a variance be granted as upon the following conditions or reasons: See City Council minutes of October 7, 1985. It STATE OF MINNESOTA ) COUNTY OF ANOKA ) ss. CITY OF FRIDLEY ) OFFICE OF THE CITY CLERK I, Sidney C. Inman, City Clerk for the City of Friley with an 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 Fridl Minnesota, in the County of Anoka on the , day of J)f P x.11.1,' 19 e , . DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 ^RICHARD-PRIBYL - ACTING CITY C URK; Variances are valid for a period of one year following approval and shall the 0 °F° considered void if not used within that period. owners to be approved by the City and subdivision is to be recorded at Anoka Seconded by Councilman Fitzpatrick. Mayor Nee declared the motion ®rte recorded at Anok amity; and (3) the County any building permit. U . a voice vote, all voting aye, IrDTIDN by Councilman S4meil&r to direct the administration to take steps to amend the existi enant on the property, to which the City is a party to provide for ruction of duplexes on the property with zero lot lines. Seconded Councilman Fitzpatrick. Upon a voice vote, all voting aye, May ee declared the motion carried unanimously. 6. RECEIVING THE MINUTES OF THE PLANNING CXMM"IISSION MEETING OF SEPTEMBER 24, 1985: A. ITEMS FROM THE APPEAL COMMISSION MEETING OF SEPT MM 17, 1985: A. 1. CONSIDERATION OF VARIANCE REOUESP TO REDUCE SE'T'BACK FROM TOP OF RIVER BLUFFLINE AND TO REDUCE SETBACK FRAM NORMAL HIGH WATER LINE TO ALLOW CIINSPRUCTION OF ADDI- TIONAL LIVING AREA, 6454 RIVERVIEW TERRACE, BY GEORGE BYDLON: Mr. Flora, Public Works Director, stated this variance is requested to reduce the setback from the top of the Mississippi River bluffline frau 40 to 20 feet and to reduce the setback f ram the normal high water 1 ine f ran 100 to 64 feet in order to allow the construction of additional living area at 6 454 Riverview Ter race . Mr. Flora stated the petitioner is requesting these variances in order to add a porch and sundeck to the rear of his hone. Mr. Flora stated the hardship expressed by the petitioner was the need to position the sunroan out from the front of the house with glass panels facing south in order to utilize the passive solar system. The petition states the solar benefit could not be achieved from any other position except the south side and the house is located too close to the southern lot line to build there, leaving him no choice but to build to the west end. -Mr. Flora stated in beeping with the Interim Development Regulations for the Mississippi River Corridor Critical Area, a local government unit may grant a variance from strict compliance of the setback after an administrative hearing and after the following findings are made: (1) strict enforcement of the setback or height restrictions will result in unnecessary hardship; (2) there are exceptional circumstances unique to the property that were not created by the landowner after April 25, 1975; (3) the dimension variance does not allow any use that is not a compatible use in the land use district in which the property is located; (4) the dimension variance will not alter the essential character of the locality as established by the Interim Development Regulations; and (5) the dimension variance will not be contrary to the Order. -5- - . "I Mr. Flora stated the Appeals Oommission found that the variance requests satisfied all four of the findings and recommended approval of the variances by a 4 to 1 vote. The negative vote was made to allow ODunci.l do hear this item. P'DTION by Councilman Fitzpatrick to concur with the recommendation of the Appeals Commission and approve the variances to reduce the setback f rom the top of the Mississippi River bluffline from 40 feet to 20 feet and to reduce the setback from the normal high water line from 100 feet to 64 feet to allow the construction of additional living area at 6454 Riverview Terrace. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 1-2. CONSIDERATION OF A. VARIANCE BEQ= TO REDUCE THE MINIMUM WIMH OF PARKIN ffAU25 FROM A 10 FEET TO 9 FEET TO ALLOW MORE PARKIN SPACES, 550 OSBORNE ROAD N.E., UNITY` HOSPITAL Mr. Flora, Plablic Works Director, stated this is a request 15,6r a variance to reduce the minimum width of parking stalls from 10 9 feet at Unity Hospital. He stated the Council previously approvedspecial use permit for the hospital to construct additional parking for their employees. He stated, since that time, the hospital is concerned ut eliminating all the green space and wish to vary the parking stall ' e frau a width of 10 feet to 9 feet in order to obtain the required amo of parking and still leave addi ti anal green area. Mr. Flora stated the hardship expressed the petitioner was due to the uncertainty surrounding their future ilding plans, they wish to avoid overpaving the property and still mai in adequate parking. Mr. Flora stated the Appeals Coaami cion has recommended approval of this variance. Mayor Nee asked if nine foot w de parking stalls were typical. Mr. Flora stated some cities have gone o this width because of the large amount of compact cars. Mr. Flora ted at the Appeals Commission meeting, there was discussion regarding us of nine foot stalls for employee parking. He stated the petiticrar W stated they felt comfortable they have enough ten foot stalls for patie parking. MOTION by Council Goodspeed to concur with the recommendation of the Appeals Oonmissi and grant the variance to reduce the minimum width of employee parking alls from 10 feet to 9 feet on parcel 600, in the north 1/2 of Sectio 11, the same being 550 Osborne Road (Unity Hospital) . Seconded by cilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declar the motion carried unanimously. Goodspeed stated he felt the ordinance should be reviewed to CZ