VAR 90-21STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF FRIDLEY
In the Matter of a variance, VAR #90-21
_Shirley Severson , Owner
920936
CITY COUNCIL PROCEEDINGS
VARIANCE
The above entitled matter came before the City Council of the City of Fridley
and was heard on the 10th day of September 1 19-10—, on a
petition for a variance pursuant to the City of Fridleyfs Zoning Ordinance.,
for the following described property:
To reduce the side yard setbck from 10 feet to 8 feet; to reduce the setback
from the normal high water line of the Mississippi River from 100 feet to
44 feet; to reduce the setback from the Mississippi bluff line from 40 feet
to 0 feet, on Lot 3, Block 1, Walt Harrier ]st Addition, the same being 6490
Riverview Terrace N.E. '
IT IS ORDERED that a variance be granted as upon the following conditions or
reasons:
See City Council meeting minutes of September 10, 1990.
STATE OF MINNESOTA )
COUNTY OF ANOKA )
CITY OF FRIDLEY )
OFFICE OF THE CITY CLERK
I, Shirley A. Haapala, 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
Fr Adley, Minnesota, in the County of Anoka on the day of
D AFTER BY: t .
City of Fridley
6431 University Avenue N.E.
Fridley, AN 55432
SHIRLEY A. H4APALA, CIT CLERK
Variances are valid for a period of one year following approval andMiall°bel
considered void if not used within that period.
(SEAL)
.s
feet, to reduce the front yard setback from 35 24 feet, and to
increase the lot coverage from 25 to 25.4 cent.
MOTION by Councilman Fitzpatrick t oncur with the recommendation
of the Appeals Commission and s f and grant variance request, VAR
#90-17, to reduce the lot rea from 9,000 square feet to 8,835
square feet; to reduce a front yard setback from 35 feet to 24
feet; and to incr a the lot coverage from 25 percent to 25.4
percent. Seco d by Councilwoman Jorgenson. Upon a voice vote,
all voting e, Mayor Nee declared the motion carried unanimously.
oilman Fitzpatrick stated he felt the hardship is that the City
ted a small and shallow lot back in the 19701s.
C. VARIANCE. VAR #90-21. BY SHIRLEY SEVERSON, TO REDUCE THE SIDE
YARD SETBACK FROM 10 FEET TO 8 FEET: TO REDUCE THE SETBACK
FROM THE NORMAL HIGH WATER LINE OF THE MISSISSIPPI RIVER FROM
100 FEET TO 44 FEET: TO REDUCE THE SETBACK FROM THE
MISSISSIPPI BLUFF LINE FROM 40 FEET TO 0 FEET ON LOT 3. BLOCK
1. WALT HARRIER 1ST ADDITION. THE SAME BEING 6490 RIVERVIEW
TERRACE N.E.:
Ms. Dacy, Planning Coordinator, stated that this is a request for
three variances to reduce the side yard setback from 10 to 8 feet,
which is an existing encroachment; to reduce the setback from the
normal high water line of the Mississippi River from 100 to 44
feet; and to reduce the setback from the Mississippi bluff line
from 40 to 0 feet at 6490 Riverview Terrace N.E. She stated that
the petitioner is proposing to add a new bedroom addition onto the
second story towards the front of the home overlooking the river.
MOTION by Councilman Fitzpatrick to concur with the recommendation
of the Appeals Commission and grant variance request, VAR #90-21,
to reduce the side yard setback from 10 feet to 8 feet, to reduce
the setback from the normal high water line of the Mississippi
River from 100 feet to 44 feet; and to reduce the setback from the
Mississippi bluff line from 40 feet to 0 feet. Seconded by
Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
7. APPROVAL OF TEN -WEEK EXPANSION OF THE HOURS CITY OF
FRIDLEY'S YARD WASTE TRANSFER SITE:
Ms. Dacy, Planning Coordinator, s ed that staff is recommending
that the hours at the City's rd waste transfer site be expanded
to 9 a.m. to 5 p.m. o esday, Thursday, Friday, and Saturday;
9 a.m. to 7 p.m. o ednesday; and 1 p.m. to 6 p.m. on Sunday. She
stated that 's expansion would be in effect September 25 to
December 2,.-1990.
f"er
V
920916
SHIRLEY A. HAAPALA
FRIDLEY CITY CLERK
6421 UNIVERSITY AVE NE
FRIDLEY MN 55432
,
acir
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OF
FRIDLEY
FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 • (612) 571-3450 • FAX (612) 571-1287
CITY COUNCIL
ACTION TAKEN NOTICE
September 11, 1990
Shirley Severson
6490 Riverview Terrace N.E.
Fridley, MN 55432
Dear Ms. Severson:
On September 10, 1990, the Fridley City Council officially approved
your request for a variance, VAR #90-21, to reduce the side yard
setback from 10 feet to 8 feet; to reduce the setback from the
normal high water line of the Mississippi River from 100 feet to
44 feet; to reduce the setback from the Mississippi River bluff
line from 40 feet to 0 feet, on Lot 3, Block 1, Walt Harrier 1st
Addition, the same being 6490 Riverview Terrace N.E.
If you have any questions regarding the above action, please call
the Planning Department at 571-3450.
Sincerely,
Barbara racy
Planning Coordinator
BD/dn
cc: Ethel Arnold
Please review the noted stipulations, sign the statement below and
return one copy to the City of Fridley Planning Department by
September 25, 1990
/qpfic4 with action taken.
feet, to reduce the front yard setback fr 35 to 24 feet, and to
increase the lot coverage from 25 to .4 percent.
MOTION by Councilman Fitzpatri to concur with the recommendation
of the Appeals Commission a staff and grant variance request, VAR
#90-17, to reduce the area from 9,000 square feet to 8,835
square feet; to red the front yard setback from 35 feet to 24
feet; and to in ase the lot coverage from 25 percent to 25.4
percent. Sec ded by Councilwoman Jorgenson. Upon a voice vote,
all votin ye, Mayor Nee declared the motion carried unanimously.
Couilman Fitzpatrick stated he felt the hardship is that the City
platted a small and shallow lot back in the 19701s.
C. VARIANCE. VAR #90-21 BY SHIRLEY SEVERSON. TO REDUCE THE SIDE
YARD SETBACK FROM 10 FEET TO 8 FEET • TO REDUCE THE SETBACK
FROM THE NORMAL HIGH WATER LINE OF THE MISSISSIPPI RIVER FROM
100 FEET TO 44 FEET; TO REDUCE THE SETBACK FROM THE
MISSISSIPPI BLUFF LINE FROM 40 FEET TO 0 FEET ON LOT 3 BLOCK
1, WALT HARRIER 1ST ADDITION THE SAME BEING 6490 RIVERVIEW
TERRACE N.E.:
Ms. Dacy, Planning Coordinator, stated that this is a request for
three variances to reduce the side yard setback from 10 to 8 feet,
which is an existing encroachment; to reduce the setback from the
normal high water line of the Mississippi River from 100 to 44
feet; and to reduce the setback from the Mississippi bluff line
from 40 to 0 feet at 6490 Riverview Terrace N.E. She stated that
the petitioner is proposing to add a new bedroom addition onto the
second story towards the front of the home overlooking the river.
MOTION by Councilman Fitzpatrick to concur with the recommendation
of the Appeals Commission and grant variance request, VAR #90-21,
to reduce the side yard setback from 10 feet to 8 feet, to reduce
the setback from the normal high water line of the Mississippi
River from 100 feet to 44 feet; and to reduce the setback from the
Mississippi bluff line from 40 feet to 0 feet. Seconded by
Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
7. APPROVAL OF Tru-
FRIDLEY'S YARD WASTE TRANSFER SITE:
Ms. Dacy, Planning Coordinator, stated t staff is recommending
that the hours at the City's yard wast transfer site be expanded
to 9 a.m. to 5 p.m. on Tuesday, T rsday, Friday, and Saturday;
9 a.m. to 7 p.m. on Wednesday; an p.m. to 6 p.m. on Sunday. She
stated that this expansion w d be in effect September 25 to
December 1, 1990.
Mr. Larry Berg, representing Northco, stated that he would
to answer any questions from the Council.
MOTION by Councilman Billings to adopt Resolution No. 70- 990, with
the three stipulations attached as Exhibit A. conded by
Councilwoman Jorgenson. Upon a voice vote, all voti aye, Mayor
Nee declared the motion carried unanimously.
The Council received the minutes of the Planning
of August 22, 1990.
6.
A.
MEETING OF AUGUST 21, 1990:
AVENUE N.E.•
MOTION by Councilman Billings
Councilman Schneider. Upon a v
declared the motion carried un
B.
N.E.•
Ms. Dacy, Planning
three variances to
addition to the fro
stated that the var-
9,000 to 8,835 s
35 to 21 feet; a d
percent.
sion meeting
table this item. Seconded by
vote, all voting aye, Mayor Nee
Co rdinator, stated that this is a request for
�fllow the construction of an 18 by 32 foot
rof this dwelling at 6240 Alden Way N.E. She
nces requested are to reduce the lot area from
re feet; to reduce the front yard setback from
to increase the lot coverage from 25 to 26.5
Ms. Dacy sta ed that the Appeals Commission recommended a
compromise to reduce the proposed depth of the addition from 18
feet to 15 f et based on the philosophy that if this were a 9,000
square foo lot, a lot coverage of 2,250 square feet would be
allowed. a stated that the petitioner has revised his floor plan
that woul reduce the depth of the addition by three feet.
Ms. Dack stated that the Appeals Commission recommended approval
of the variances to reduce the lot area from 9,000 to 8,835 square
5mmith
ARCHITECTS
January 9, 1991
Mr. Darrel Clark, Chief Building Official
City of Fridley
6431 University Ave. N.E.
Fridley, MN 55432
Dear Mr. Clark,
j, M1JI
&ACA11
Enclosed are the nearly completed plans and specifications for the Severson Residence
(master bedroom) Addition scheduled for constriction early this spring. Please review
the documents when you get the chance and let me know of any problems that you might
notice and/or any corrections you think should be made. Some structural issues, until we
break into existing walls and ceilings, have yet to be resolved.
All variances (VAR #90-21) for this proposed addition were approved by the City
Council at its regularly scheduled meeting on Monday, September 10, 1990.
Thanks, in advance, for your time in checking the plans. I'll call you next week to
introduce myself and make any needed clarifications.
A set of completed plans and specs will be submitted just prior to bidding.
kAA0 F7rLOw11 u6 4fis'1� z�
Ca�L'c'U . Ag7a—,a
6215 CAMBRIDGE STREET MINNEAPOLIS MINNESOTA 55416 612 925 3788
a
611
STAFF REPORT
APPEALS DATE : August 21, 1990
CITY OF PLANNING COMMISSION DATE
FRIDLEY CITY COUNCIL DATE September 10, 1990 AUTHOR tMM/dn
REQUEST
PERMIT NUMBER
APPLICANT
PROPOSED REQUEST
LOCATION 6490 Riverview Ter
SITE DATA
SIZE
DENSITY
PRESENT ZONING
ADJACENT LAND USES
& ZONING
UTILITIES
PARK DEDICATION
ANALYSIS
FINANCIAL IMPLICATIONS
CONFORMANCE TO
COMPREHENSIVE PLAN
COMPATIBILITY WITH
ADJACENT USES & ZONING
ENVIRONMENTAL
CONSIDERATIONS
STAFF RECOMMENDATION
APPEALS RECOMMENDATION
PLANNING COMMISSION
RECOMMENDATION
VAR #90-21
Shirley Severson
To reduce the side yard setback from 10 feet to 8 feet;
to reduce the setback from the bluffline from 40 feet
to 0 feet; to reduce the setback from the normal high
water line from 100 feet to 44 feet.
11,000 square feet
R-3, General Multiple Family Dwelling
R-3, General Multiple Family Dwelling to the N, S, & E;
Mississippi River to the W.
Yes
Yes
Denial
Approval
6JJ
Staff Report
VAR #90-21, 6490 Riverview Terrace N.E.
Page 2
A. PUBLIC PURPOSE SERVED BY REQUIREMENT:
Section 205.07.03.D.(2). (a) requires a side yard setback of
10 feet between any living area and side property line.
Public purpose served by this requirement is to maintain a
minimum of 20 feet between living areas in adjacent structures
and 15 feet between garages and living areas in adjacent
structures to reduce the exposure to the possibility of fire.
It is also to allow for aesthetically pleasing open areas
around residential structures.
Section 205.25.08.0.(2) 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 Study.
Section 205.25.08.C.(1) requires all new structures and uses
to be placed not less than 40 feet from the top of the bluff
line overlooking the Mississippi River.
Public purposes served by these requirements are:
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:
"Bedroom addition - existing bedrooms too small"
6KK
Staff Report
VAR #90-21, 6490 Riverview Terrace N.E.
Page 3
C.
ADMINISTRATIVE STAFF REVIEW:
Request
The
petitioner is requesting the following
three variances:
1.
To reduce the side yard setback
from
10 feet to 8 feet;
2.
To reduce the setback from the
Mississippi River bluff line
from 40 feet to 0 feet;
3.
To reduce the setback from the
normal
high water line of the
Mississippi River from 100 feet
to 44
feet.
Site
The property is 11,000 square feet in area and is accessed by a
private drive. A single family dwelling unit is located at the
edge of the Mississippi River bluff line and has an attached
garage. The property is zoned R-3, General Multiple Dwelling, as
are adjacent parcels to the north, south, east, and west.
History
In 1987, the petitioner applied for a variance to reduce the side
yard setback from 10 feet to 5 feet for living space. The
petitioner was proposing to construct additional living space over
the attached garage which is less than 10 feet from the property
line. The Appeals Commission voted to deny the variance request,
and the City Council concurred.
Analysis
The single family dwelling unit was built prior to 1959 when the
City began keeping building permit records. The Walt Harrier First
Addition, where the parcel is located, was platted in 1978, and the
City adopted the 0-2, Overlay District regulations in 1983. If all
the setback requirements are mapped out on the parcel, there is not
adequate buildable area left over (please see Exhibit A).
While the imposition of the 0-2, Overlay District, setback
requirements leaves the parcel with a non -buildable area, the
property owner currently has reasonable use of the property as the
single family dwelling unit was built prior to the adoption of the
code requirements. The adoption of the 0-2, Overlay District
requirements, rendered the property nonconforming. Section
205.04.03.I of the Fridley Zoning Code states that "alterations may
be made to a building containing lawful nonconforming residential
units when they will improve the livability thereof, provided they
6LL
Staff Report
VAR #90-21, 6490 Riverview Terrace N.E.
Page 4
will not increase the number of dwelling units or size of the
building". By constructing the proposed addition, the petitioner
will be increasing the size of the nonconforming use, which is in
contrary to the City Code. Denying the variances would not be
denying the use of the property as the land owner has reasonable
use of the property.
Staff must point out, however, that if the existing structure were
to be totally destroyed by some form of calamity, tornado, fire,
flood, etc., the petitioner would need only to apply for and
receive the setback variances in order to construct a new
dwelling. The City could then grant minimal variances which would
require the new structure to be located closer to the front of the
lot. Denial of the variances for the vacant lot would constitute
a taking of the property. This would apply, however, only if the
property were vacant or the existing dwelling unit were totally
destroyed by natural calamity.
In order to meet the R-1, Single Family Dwelling setback
requirements, the structure would need to be relocated or
reconstructed. The property owner was not responsible for the
design of the plat which located the side lot line 8 feet instead
of 10 feet from the dwelling unit. Staff recommends approval of
the side yard variance.
Recommendation and Stipulations
As the property owner current has reasonable use of the property
and the City Code does not allow the expansion of nonconforming
uses, staff recommends that the Appeals Commission recommend denial
of the variances to the 0-2, Overlay District; to reduce the
setback from the bluff line from 40 feet to 0 feet, and to reduce
the setback from the normal high water line from 100 feet to 44
feet. However, it is staff's recommendation that the side yard
setback variance be approved by the Appeals Commission to bring the
property into conformance with the R-1, Single Family Dwelling
setback requirements.
Appeals Commission Action
The Appeals Commission voted unanimously to recommend approval of
the variance request as presented.
City Council Recommendation
Staff recommends that the City Council deny the variance request
as presented as the Code does not allow the expansion of noncon-
forming uses, and the property owner has reasonable use of the
property. Staff recommends approval of the side yard variance to
bring the property into conformance with the R-1, Single Family
Dwelling District regulations.
Imith
COMM NO
PROJECT
ARCHITECTS
6215 CAMBRIDGE STREET
RE
MINNEAPOLIS 55416
612N925 3788
PRESENT
Au
rWCOMMUNITY DEVELVPMENT
DEPARTMENT
Fia�r
MEMORANDUM
DATE: September 3, 1990
TO: William Burns, City Manager VI
FROM: Jock Robertson, Community Development Director
Barbara Dacy, Planning Coordinator
Michele McPherson, Planning Assistant
SUBJECT: Variance Request, VAR #90-21, by Shirley Severson
Attached is the staff report for the variance request by Shirley
Severson. The Appeals Commission voted unanimously to recommend
approval of the request to the City Council. The Commission stated
that they would continue to grant variances to these nonconforming
properties within the 0-2 Overlay District until the City developed
a plan to remove these structures to meet the goals of the Overlay
District regulations.
Staff recommends that the City Council deny the variance request,
as the petitioner has reasonable use of the property, and the City
Code does not permit the expansion of nonconforming uses. Staff
recommends that the City Council approve the variance to the side
yard setback to bring the property into compliance with the R-1
Single Family Dwelling District regulations.
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DENISE SHITI
6492 Riverview Terrace
Fridley, MN 55432
571«-6678
August 20, 1990
City of Fridley
Appeals Commission
6432 University Ave. N.E.
Fridley, MN 55432
RE: VAR #90-210 by Shirley Severson
To Whom It May Concern:
On Tuesday, August 21, 19900 T will not be able to attend
the hearing on a variance request for Ms. Severson at 6490
Riverview Terrace ia.hich will allow her to construct additional
living space
Ttherefore, may this serve as i=,,ritten agreement for my approval
ont s natter.
Denise Smith .
r�.
APPEALS COMMISSION MEETING, AUGUST 21, 1990 PAGE 9
C. Pursuant to Sectic
Code to reduce the
feet;
6MM
205.07.03.D.(1) of the Fridley City
ront yard setback from 35 feet to 24
To allow the construction )
2, Block 2, Al Rose Additic
N.E., Fridley, Minnesota, 5
UPON A VOICE VOTE, RUECHLE VOTING
THE MOTION CARRIED UNANIMOUSLY.
f additional living space on Lot
the same being 6240 Alden Way
32.
,
YCHAIRPERSON SAVAGE DECLARED
Ms. Dacy stated that this item will g to City Council on September
10, 1990.
3.
SEVERSON:
A. Pursuant to Section 205.07.03.D. (2) . (a) of the Fridley
City Code, to reduce the side yard setback from 10 feet
to 8 feet;
B. Pursuant to Section 205.25.08.0.(2) of the F idley City
Code to reduce the setback from the normal high water
line of the Mississippi River from 100 feet to 44 feet;
C. Pursuant to Section 205.25.08.C.(1) of the Fidley City
Code to reduce the setback from the Mississippi bluff
line from 40 feet to 0 feet.
To allow the construction of additional living space, on Lot
3, Block 1, Walt Harrier 1st Addition, the same being 6490
Riverview Terrace N.E., Fridley, Minnesota, 55432
MOTION by Mr. Ruechle, seconded by Ms. Smith, to open the public
hearing.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 8:40 P.M.
Ms. McPherson stated the petitioner, Shirley Severson, is
requesting three variances --to reduce the side yard setback and
the setbacks set forth in the 0-2, Overlay District, of the Zoning
Code concerning the Mississippi River resources of the bluff line
and the high water line.
Ms. McPherson stated the parcel is approximately 11,000 sq. ft. in
area and is accessed by a private drive off Riverview Terrace.
The site is zoned R-3, General Multiple Family Dwelling, as are
adjacent parcels to the north, south, east, and west. The R-3
district allows for multiple family units, single family, and two
family units. An existing single family dwelling unit is located
on the site. The Zoning Code for R-3 zoning states that for single
6NN
APPEALSCOMMISSION_ MEETING, AUGUST 21, 1990 PAGE 10
family dwelling units, those setbacks outlined in the R-1 section
of the Zoning Code will apply.
Ms. McPherson stated the existing single family dwelling unit was
built prior to 1959, which is when the City first began keeping
building permit records. The first record on file is for a permit
to remodel the existing dwelling unit dated 1959. The Walt Harrier
First Addition was platted in 1978, and the City adopted the 0-2
District regulations in 1983.
Ms. McPherson stated the property owner has reasonable use of the
property as there is a single family dwelling with attached garage
on the site. The adoption of the Overlay District requirements has
rendered the property nonconforming. Section 205.04.03.5 of the
Fridley Zoning Code states that: "Alterations may be made to a
building containing lawful nonconforming residential units when
they will improve the livability thereof, provided they will not
increase the number of dwelling units or the size of the building."
Ms. McPherson stated the petitioner is proposing to increase the
size of the house by an additional 282 sq. ft. of living area to
the second floor to create a larger master bedroom. Granting the
variances to increase the size of the nonconforming use, is in
direct conflict with this particular section of the Zoning Code
regarding nonconforming structures. Again, denying the variances
would not be denying use of the property as the property owner has
reasonable use of the property.
Ms. McPherson stated if this was a vacant lot and the City denied
the variances, this would constitute a taking. In order to create
a buildable area and build a structure on the lot for a single
family or two-family dwelling unit, the City could grant minimal
variances. The City could require that a new structure built
closer to the front property line away from the bluff and away from
the high water line of the Mississippi River. However, this would
only occur if the existing structure was damaged to more than 50%
of its value by a natural calamity or if this was a vacant
property.
Ms. McPherson stated that in order to meet the R-1, Single Family
Dwelling, setback requirements regarding the side yard setback from
10 feet to 8 feet, the structure would either have to relocated or
reconstructed. The current property owner was not responsible for
the design of the plat which placed the lot line within 8 feet of
the structure and not 10 feet as required. Staff would recommend
approval of the side yard variance from 10 feet to 8 feet to bring
the property into conformance with the setbacks requirements of the
R-1, Single Family Dwelling district.
Ms. McPherson stated that as the property owner currently has
reasonable use of the property and the City Code does not allow
the expansion of nonconforming uses, staff recommends the Appeals
APPEALS COMMISSION MEETING, AUGUST 21, 1990 PAGE 11
Commission recommend denial of the variances to the 0-2, Overlay
District setback requirements --to reduce the setback from the bluff
line from 40 feet to 0 feet and to reduce the setback from the
normal high water line from 100 feet to 44 feet.
Ms. Dacy stated the issue staff had to struggle with is an
ordinance issue. Staff made its recommendation because the
ordinance is so explicit about nonconforming structures. However,
it raises a larger policy issue alluded to in the staff report
about the intent and the purpose of the setbacks along the river.
Does the City eventually want to phase out nonconforming
structures? Should the City not allow homeowners to expand when
the intent of the regulations is to place the structures farther
away from the river?
Mr. John Smith, Smith Architects, stated he is representing the
petitioner. He stated Ms. Severson has occupied the existing home
for about eight years. Three years ago she applied for a variance
for a design to add bedrooms which went beyond the existing
footprint of the house. That variance was denied. After looking
at the plans provided by Ms. Severson, his architectural firm
decided their direction should be one of coming up with a solution
that is going to have as little impact as possible on the property.
The house has a very comfortable, low profile, kind of look to it.
There is the issue of the existing family room that exists in the
back of the house toward the river, above which they are going to
be building. The roof on top of that structure is not in keeping
with the character of the rest of the house so it seemed natural
to expand upward. There are also issues of privacy and views of
the river.
Mr. Smith stated the real problem that exists is the size of the
existing two bedrooms on the second floor. Although the bedrooms
are adequate in size by code, they feel they do not meet current
market standards. The windows are not adequate regarding the 1988
Uniform Building Code in that they do not allow the required
egress. The ceiling height in the entire upper level meets only
the bare minimum requirement at 7.6 ft., 7.5 ft. with carpeting
and padding.
Mr. Smith stated they feel they have the following hardships:
1. The overlying zoning district was established long after the
existence of the house itself and subsequent subdivision and
final platting.
2. Bedrooms are undersized for the size of the house. They do
not meet the current market needs and do not meet current
U.B.C. requirements.
.1
APPEALS COMMISSION MEETING, AUGUST 21, 1990 PAGE 12
3. The living conditions are adverse in that Ms. Severson has
not slept in the upstairs bedrooms for two years, because it
is claustrophobic.
Mr. Smith stated they have talked to the neighbors and have
received letters from the neighbors who are not opposed to the
request for variance.
NOTION by Dr. Vos, seconded by Ms. Smith, to receive into the
record letters from Constance Bundy, 6470 Riverview Terrace; Denise
Smith, 6492 Riverview Terrace; Janet Palmer, 6498 Riverview
Terrace; Corinne Jespersen, 6496 Riverview Terrace; and Rochelle
Bydlon, 6454 Riverview Terrace, stating they have no objection to
Ms. Severson's addition or request for variance.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE
MOTION CARRIED UNANIMOUSLY.
MOTION by Mr. Kuechle, seconded by Dr. Vos, to close the public
hearing.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Mr. Kuechle stated he would be in favor of granting the variance,
unless the City has a plan for eliminating nonconforming
properties. As long as the same footprint is being used, it is
not violating the spirit of the Code and not encroaching any
further on the bluff line or high water setback.
Ms. Savage agreed. There is no harm to the environment, and this
seems like a reasonable solution to improving the house.
Ms. Smith stated she is also in favor of granting the variance.
The addition will not be any higher than the existing roofline.
Dr. Vos stated he thought the variance request is reasonable. They
have to approve the side yard setback to bring the property into
conformance, and the other setbacks are existing now with the
existing footprint of the house. He would be in favor of the
variance request.
MOTION by Ms. Smith, seconded by Mr. Kuechle, to recommend to City
Council approval of variance request, VAR #90-21, by Shirley
Severson:
A. Pursuant to Section 205.07.03.D. (2) . (a) of the Fridley
City Code, to reduce the side yard setback from 10 feet
to 8 feet;
.O P
APPEALS COMMISSION MEETING, AUGUST 21, 1990 PAGE 13
B. Pursuant to Section 205.25.08.C.(2) of the Fridley City
Code to reduce the setback from the normal high water
line of the Mississippi River from 100 feet to 44 feet;
C. Pursuant to Section 205.25.08.C.(1) of the Fridley City
Code to reduce the setback from the Mississippi bluff
line from 40 feet to 0 feet.
To allow the construction of additional living space, on Lot
3, Block 1, Walt Harrier 1st Addition, the same being 6490
Riverview Terrace N.E., Fridley, Minnesota, 55432.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE
MOTION CARRIED UNANIMOUSLY.
3. OTHER BUSINESS:
Informal consideration of a variance request by Phil Hansen,
pursuant to Section 205.07.03.D.(1) of the Fridley City Code,
to reduce the front yard setback from 35 feet to 31 feet at
6850 Brookview Drive N.E..
Ms. Dacy stated this request has been withdrawn by the petitioner.
ADJOURNMENT:
MOTION by Dr. Vos, seconded by Mr. Ruechle, to adjourn the meeting.
Upon a voice vote, all voting aye, Chairperson Savage declared the
motion carried and the August 21, 1990, Appeals Commission meeting
adjourned at 9:00 p.m.
Resppctfullv submitted,
Lyn Saba
Recording Secretary
PUBLIC HEARING
BEFORE THE
APPEALS COMMISSION
Notice is hereby given that the Appeals Commission of the City of
Fridley will conduct a Public Hearing. at the Fridley Municipal
Center at 6431 University Avenue N.E. on Tuesday, August 21, 1990,
at 7:30 p.m. for the purpose of:
Consideration of variance request, VAR #90-21,
by Shirley Severson:
1. Pursuant to Section 205.07.03.D. (2) . (a)
of the Fridley City Code, to reduce the
side yard setback from 10 feet to 8 feet;
2. Pursuant to Section 205.25.08.C.(2) of the
Fridley City Code to reduce the setback
from the normal high water line of the
Mississippi River from 100 feet to 44
feet;
3. Pursuant to Section 205.25.08.C.(1) of the
Fridley City Code to reduce the setback
from the Mississippi bluff line from 40
feet to 0 feet.
To allow the construction of additional living
space, on Lot 3, Block 1, Walt Harrier 1st
Addition, the same being 6490 Riverview Terrace
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, 571-3450.
City Council
City Manager
Diane Savage
567 Rice Creek Terrace N.E.
Fridley, M 55432
Shirley Severson
6490 Riverview Terrace N.E.
Fridley, MN 55432
Ethel Arnold
427 Harrison Street N.E.
Minneapolis, NST 55413
Edward Fragale
6480 Riverview Terrace N.E.
Fridley, MV 55432
Dolores Balapos
6482 Riverview Terrace N.E.
Fridley, MN 55432
]mise Smith
6492 Riverview Terrace N.E.
Fridley, MV 55432
Corrine Jesperson
6492 Riverview Terrace N.E.
Fridley, MN 55432
Resident
6498 Riverview Terrace N.E.
Fridley, MV 55432
MAILING LIST FOR
V=ARIANCE #90-21
6490 Riverview Terrace
Nels Johnson
6456 Riverview Terrace N.E.
Fridley, My 55432
George Bydlon
6454 Riverview Terrace N.E.
Fridley, MN 55432
Rodney Carlson
6472 Riverview Terrace N.E.
Fridley, MN 55432
Constance Bandy
6470 Riverview Terrace N.E.
Fridley, M 55432
Tyoon Management, Inc.
321 University Avenue S.E.
Minneapolis, NAV 55414
AW COMMISSION APPLICATION REVIEW
FILE NUMBER FILE DATE MEETING DATE FILE DESCRIPTION v�Tz #90-21
UTYOF 47 8/4/90 8/21/90 6490 Riverview Terrace
FM DLEY
COMPLETE REVIEW CHECKLIST AND RETURN TO PLANNING DEPT.
COMMENTS
MICHELE M.
MARK,W,.. I /
P'JOHN F. e-11�
Q�ErARREL C.
E M7,/�
M. j-1
JIM H.
BOB A. �/,s
CITY OF FRIDLEY
6433 iNIIVERSI'1'Y AVB►W X.E.
FRZDLLEY, MN 55432
(612) 5713450
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Fee: $100.00
$ 60.00 for iidential properties
Permit VAR Recepit #
Application received by:
Scheduled Appeals Ccmnission date: CQ/ dM
Scheduled City Council date: — 0
VAR #90-21, 6RR
Shirley Severson
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