VAR 96-06STATE OF MINNESOTA ) JTY COUNCIL PROCEEDINGS
VARIANCE
COUNTY OF"'ANOKA )
CITY OF FRIDLEY )1261239
In the Matter of: a variance VAR #96-06
Owner: C. S. Jespersen and J. K. Palmer
The above entitled matter came before the City Council of the City of Fridley and was heard on the
8th day of April 119 96 , on a petition for a variance pursuant to the City of
Fridley's Zoning Ordinance, for the following described property:
To reduce the rear yard setback from 27 feet to 15 feet to allow the continued
existence of a screened porch located under a deck on Lot 1, Block 1, Walt Harrier
1st Addition, generally located at 6496 Riverview Terrace N.E.
IT IS ORDERED that a variance be granted as upon the following conditions or reasons:
Approval with one stipulation. See City Council meeting minutes of April 8, 1996.
l S- 30 �a�•- �a -o o $1 CL
STATE OF MINNESOTA )
COUNTY OF ANOKA ) OFFICE OF THE CITY CLERK
CITY OF FRIDLEY
I, William A. Champa, City Clerk for the City of Fridley, with and in for said City of Fridley, do hereby certify
that I have compared the foregoing copy and Order granting a variance with the original record thereof
preserved in my office, and have found the same to be a correct and true transcript of the whole thereof.
IN TESTIMONY WHEREOF, I have hereunto s bscrihed my hand at the City of Fridley, Minnesota, in the
County of Anoka on the // TN day of , 19�.
DRAFTED BY:
City of Fridley
643.1 University Avenue N. E.
Fridley, MN 55432 William A. Champa, City Clerk
. -: • �-(SEAL)
Variances are valid for a period of one year following approval and shall be considered void if not used `thin `
that period.
r
FRIDLEY CITY COUNCIL MEETING OF APRIL 8 1996 PAGE 12
Mr. Hickok stated that the Chief Building Offic' 1 has outlined a
number of items that need to be addresse and one is the
footings which should not be part of th concrete slab. He
stated that because a permit was not issued, there was no
inspection by the City.
Mr. Hickcock stated that because the existing porch, it is
difficult to determine how the de was affixed to the home.
Ms. Corinne Jespersen, the p itioner, stated that there was a
tiny deck on the home when a purchased it. She stated that her
son-in-law built the dec without even considering permits or
variances.
Councilwoman Jorgen n felt that it was an improvement. to the
property over what existed.
MOTION by Co ilwoman Bolkcom to grant Variance Request, VAR
#96-02, with the following stipulations: (1) the petitioner
shall appl for and receive a building permit; (2) the deck and
footings all be inspected; (3) changes shall be made to the
deck so hat it complies with the Uniform Building code; and (4)
the s reen porch shall be removed. Seconded by Councilwoman
Jor nson. Upon a voice vote, all voting aye, Mayor Nee declared
t motion carried unanimously.
15. VARIANCE REQUEST VAR #96-06 BY CORINNE JESPERSEN AND JANET
PALMER TO REDUCE THE REAR YARD SETBACK FROM _27 FEET TO 15
FEET GENERALLY LOCATED AT 6496-98 RIVERVIEW TERRACE N.E.
(WARD 3):
Mr. Hickok, Planning Coordinator, stated that this is a request
for a variance to reduce the rear yard setback from 27 feet to 15
feet to bring into compliance a recently constructed screened
porch. He stated that this relates to Variance Request, VAR #96-
02. Once the deck was constructed, the petitioners had a
screened porch constructed.
Mr. Hickok stated that staff is recommending denial of the
variance, as the petitioner can construct a detached., screen
enclosed gazebo without a variance. He stated that the Appeals
Commission recommended approval of this variance, as they felt a
detached gazebo would be more of an imposition on the neighbors.
He stated that the three adjacent neighbors support this
variance.
Mr. Hickok stated that the screened porch is considered living
space and should have the. same setback as the home. He stated
that since it protrudes into the rear yard the variance is,
therefore, requested.
FRIDLEY CITY COUNCIL MEETING OF APRIL 8 1996 PAGE 13
MOTION by Councilwoman Bolkcom to grant Variance Request, VAR
#96-06, with the stipulation that the porch meet all the
requirements of the Uniform Building Code and, if necessary, any
modifications, additions, or deletions should be completed in
order to meet these requirements. Seconded by Councilwoman
Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
16. VARIANCE REQUEST, VAR #96-04. BY JO
LOCATED AT 160 - 83RD AVENUE N.E. (WARD 3):
Mr. Hickok, Planning Coordinator, stated that is is a request
for a variance to reduce the front yard setba. from 100 feet to
35 feet for the construction of an indusrial building. He
stated that in 1987, a site plan was submitted and a variance was
granted. He stated that when the sitelan was submitted the
petitioner proposed a three phase multitenant development. He
stated that in 1987, the first phase was completed with
construction of an industrial buildi at 8251 Main Street. In
1989, the second phase was completed with the construction of an
industrial building at 100 - 83rd Avenue. He stated that this
building would be the third and inal phase. He stated that a
five-year time period was place on the variance that was granted
and which has expired. He sta ed that the site plan is the same
as the plan Council reviewed 'n 1987.
Mr. Hickok stated that th Appeals Commission voted four to one
to approve the variance. He stated that the request is within
previously granted vari ces, and staff has no recommendation.
Councilwoman Bolkcom stated it is her understanding that the
issue about changin the building raised questions about traffic
flow and parking.
Mr. Hickok stat d..that there was concern about the petitioner's
south building that has an enclosed outdoor storage yard. He
stated that t ere was discussion about extending this building or
combining t�d buildings. He stated that the petitioner expressed
concern ab t that yard area being lost and the inability to get
circulatiVn for the uses that exist.
Counciloman Bolkcom stated that the issue of landscaping and
trash as discussed at the Appeals Commission meeting.
Mr. Maertens, the petitioner, stated that the landscaping is
to extensive. He felt that the buildings are kept free of
.rash. He stated that if they moved the driveway it would cause
a traffic problem. He stated that the two buildings constructed
are better construction than originally proposed.
ARSTPAC'i
Receipt #
Dale/Time: f moo
Doc. Order of
✓ by: Recordability,
Filing Fees: ,J`Q
Delqs: Pins: ,Z"
❑ Certified Copy
C Tax Liens/Releases
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DOCUMENT NO. 1264239.0 ABSTRACT
ANOKA COUNTY MINNESOTA
I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS FILED IN THIS OFFICE
FOR RECORD ON FEB 13 97
AT5 •0 0 PM AND WAS DULY RECORDED.
FEES AND TAXES IN THE AMOUNT OF $19.50 PAID.
RECEIPT NO. 97010537
EDWARD M. TRESKA
ANOKA COUNTY PROPERTY TAXADMINISTRATOR/RECORDER)REGISTRAR OF TITLES
BY KHJ
DEPUTY PROPERTY TAX ADMINISTRA TORIREC ORDERIREGISTRAR OF TITLES
CIiYOF
FRIDLEY
FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 • (612) 571-3450 • FAX (612) 571-1287
CITY COUNCIL
ACTION TAKEN NOTICE
April 11, 1996
Corinne Jespersen
Janet Palmer
6496/98 Riverview i errace NE
Fridley, MN 55432
Dear Ms. Jespersen and Ms. Palmer:
On April 8, 1996, the Fridley City Council officially approved your request for a
variance, VAR #96-06, to reduce the rear yard setback from 27 feet to 15 feet, on Lot
1, Block 1, Walt Harrier 1st Addition, the same being 6496/98 Riverview Terrace N.E.
Approval of this variance request is contingent upon the following stipulation:
1. The porch shall meet all the requirements of the Uniform Building Code and, if
necessary, any modifications, additions, or deletions should be completed in
order to meet these requirements.
You have one year from the date of City Council action to initiate construction. If you
cannot begin construction in time, you must submit a letter requesting an extension at
least three weeks prior to the expiration date.
!f you have any questions regarding the above action, please call me at 572-3590.
Barbara Dacy, AICP
Community Development Director
Please review the above, sign the statement below and return one copy to the City of
Fridley Planning Department by April 25, 1996.
♦ ••.taken.
Mr 1• y COUNC
erlckok Sta IL NEETI
0
footi °� ted NG O
Ins Ftated g t Wh ch In the t the F APRIL 8
Mr. Pectioh by beCaseld not ho Bu1ld1 2996
di Fri C�kcock the Ci tY. a Perh� t Part odd eSIll
e i Ciai PAGE
t to state was the d, a has out 1
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Council the dec shUo
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rope X-ty °oma Jorge k Whese z fiated th the hOhme, it is
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Oo l 2apP�I tho t Ci °ma ted. that I t was dering Permia t het
deck 2n9's sI. Z Poli 8olk an i is Or
JOr9escr the so to h t bendnseCetve S 1Pe 9'ran tttproVe�ent t
the on PorC cO.OP.1 * Pected . a bu . a tl ons - vagi ° the
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EE1ER c TRE UES nl�oslY. all of . e o� ildin be maeded ctkl a AR
T o T In tq 9
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feet: a pa ok, j'1 LocATED �T YARD S �R1NNE Nee dec are 27
t Ia ann• 649 ET8 JES d
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02. Ile ing intreduCerdinat RIVERVrM 27 F AND s
screenednCe stated t0 CofiP, . e rears state EW TETT TO
Mr. Porch dec t this ance a Yard d that E N•�
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FRIDLEY CITY COUNCIL MEETING OF APRIL 8 1996 PAGE 13
MOTION by Councilwoman Bolkcom to grant Variance Request, VAR
#96-06, with the stipulation that the porch meet all the
requirements of the Uniform Building Code and, if necessary, any
modifications, additions, or deletions should be completed in
order to meet these requirements. Seconded by Councilwoman
Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
16. VARIANCE REOUF.ST _ VAR AqA-
LOCATED AT 160 - 83RD AVENUE N.E. (WARD 3):
Mr. Hickok, Planning Coordinator, stated that this,,/is a request
for a variance to reduce the front yard setback f m 100 feet to
35 feet for the construction of an industria building. He
stated that in 1987, a site plan was submitted d a variance was
granted. He stated that when the site plan was submitted the
petitioner proposed a three phase multi -ten nt development. He
stated that in 1987, the fi/Avue.
was completed with
construction of an industrial bu8251 Main Street. In
1989, the second phase was complhe construction of an
industrial building at 100 - 83He stated that this
building would be the third andse. He stated that a
five-year time period was placediance that was granted
and which has expired. He state site plan is the same
as the plan Council reviewed in 8987.
Mr. Hickok stated that thepeals Commission voted four to one
to approve the variance. a stated that the request is within
previously granted variances, and staff has no recommendation.
Councilwoman Bolkcom ated it is her understanding that the
issue about changing e building raised questions about traffic
flow and parking.
Mr. Hickok statedthat there was concern about the petitioner's
south building at has an enclosed outdoor storage yard. He
stated that the a was discussion about extending this building or
combining the uildings. He stated that the petitioner expressed
concern about/that yard area being lost and the inability to get
circulation,tor the uses that exist.
Councilwoman Bolkcom stated that the issue of landscaping and
trash wad discussed at the Appeals Commission meeting.
Mr. M,Aertens, the petitioner, stated that the landscaping is
quit extensive. He felt that the buildings are kept free of
tra h. He stated that if they moved the driveway it would cause
a traffic problem. He stated that the two buildings constructed
are better construction than originally proposed.
,lat
1.9
Of
c.ed►
'iiced
W�-55ue5
Le i
6496/98 Riverview Terrace Rear Yard Setback Variance Request
DESCRIPTION OF REQUEST:
The petitioner requests a variance to reduce the rear yard setback from 27 feet to 15 feet. If approved,
the request would bring into compliance a recently constructed screened porch. This request is related
to VAR #96-02, to increase a deck encroachment into the rear yard setback
HARDSHIP:
'Deck/screen porch built too close to property line."
SUMMARY OF ISSUES:
While the porch was constructed without a permit and was completed at the time of the application, the
request was analyzed as if no construction had occurred.
Section 205.07.03.D.(3).(a) of the Fridley City Code requires a rear yard setback of not less than 25%
of the lot depth with not less than 25 feet permitted or more than 40 feet required for the main building.
Public Purpose served by this requirement is to provide rear yard space to be used for green areas which
enhance the neighborhood.
The screen porch was constructed without a permit and is located under a recently constructed deck The
variance request to reduce the rear yard setback is within previously granted variances. Previous variances
granted have different and unique circumstances, and the petitioners have the option of constructing a
detached gazebo with no variances required.
APPEALS CONDMSION ACTION:
The Appeals Commission voted unanimously to recommend approval of the request to the City Council.
RECOMMENDATION:
While the request is within previously granted variances (a variance was granted to 13.8 feet), staff
recommends that the City Council deny the request due to the following:
1. The petitioner can construct a detached, screen enclosed, gazebo without a variance.
2. The previously granted variance had substantially different circumstances (windowless side yard).
3. This request visually impacts the front yard of an adjacent property.
15.01
VAR #96-06
6496/98 Riverview Terrace N.E.
Page 2
DEVELOPMENT SITE
RMe
The variance request is to reduce the required rear yard setback from 27 feet to 15 feet (existing condition).
If approved, the request would bring into compliance a newly constructed screen porch.
15.02
PROJECT DETAILS
Petition For.
A variance to reduce the side rear yard setback of a dwelling from 27 feet to 15 feet
Location
of Property:
6496/98 Riverview Terrace
Legal Description
of Property:
Lot 1, Block 1, Walt Harrier 1st Addition
Size:
10,368 square feet
Topography:
Flat
Existing
Vegetation:
Typical suburban, trees, sod, shrubs, etc.
Existing
Zoning/Platting:
R-3, General Multiple Family, Walt Harrier Addition 1978
Availability
Of Municipal
Utilities:
Connected
Vehicular
Access:
Riverview Terrace
Pedestrian
Access:
N/A
Engineering
Issues:
None
Site Planning
Issues:
DEVELOPMENT SITE
RMe
The variance request is to reduce the required rear yard setback from 27 feet to 15 feet (existing condition).
If approved, the request would bring into compliance a newly constructed screen porch.
15.02
VAR #96-06
6496198 Riverview Terrace N.E.
Page 3
Parcel Description & history
The dwelling on the property, a duplex, was constructed in 1979. The parcel is zoned R-3, General Multiple Family
Dwelling; therefore, the duplex is a permitted use. The duplex measures 25 feet by 40 feet with an attached three -car
garage measuring 22 feet by 30 feet. No verifying survey was subbed as required by the budding permit at the time
the dwelling was constructed.
The petitioner recently processed a variance request, VAR #96-02, to reduce the rear yard setback from 27 feet to
26 feet and to increase the encroachment of a deck in the rear yard from 10 feet to 12 feet. Staff was not aware of
the porch at the time of that variance application.
Section 205.07.03.D.(3).(a) of the Fridley City Code requires a rear yard setback of not less than 25% of the lot depth
with not less than 25 feet permitted or more than 40 feet required for the main building.
Public Purpose served by this requirement is to provide rear yard space to be used for green areas which enhance the
neighborhood.
The dwelling was constructed by a previous property owner. The dwelling was constructed with a building permit;
however, the bur3der did not submit a verifying survey. The petitioner field verified that the dwelling is located is 26
feet from the rear lot line. Based on the formula to deter tiinne the rear yard setback requirement, the required rear
yard is 27 feet. The City has previously granted requests to reduce the rear yard setback for porches to 13.8 feet and
17 feet. In both cases, the lots were unique when compared to this request. In the first request, the proposed porch
faced a windowless side yard of the adjacent dwelling. The second request was located on Glen Creek Road and the
porch was screened and separated from adjacent properties by the .creek and vegetation In this request, the porch
visually impacts the front yard of the adjacent property to the rear (see aerial photograph).
The petitioners have the alternative of constructing a detached gazebo without a variance. There are no alternatives
for an attached screen porch in the rear yard due to the original placement of the home on this site.
Recommendation
Whr3e the request is within previously granted variances (a variance was granted to 13.8 feet), staff recommends that
the City Council deny the request due to the following:
1. The petitioner can construct a detached, screen enclosed, gazebo without a variance.
2. The previously granted variance had substantially different circumstances (windowless side yard).
3. This request impacts the front yard of an adjacent property.
15.03
y �
VAR #96-06
6496/98 Riverview Terrace N.E.
Page 4
ADJACENT SITES
WEST: Zoning: R-3, General Multiple Family Land Use: Residential
SOUTH: Zoning: R-3, General Multiple Family Land Use: Residential
EAST: Zoning: R-3, General Multiple Family Land Use: Residential
NORTH: Zoning: R-3, General Multiple Family Land Use: Residential
Appeals Commission Action:
The Appeals Commission voted unanimously to recommend approval of the request to the City Council. The
Commission felt that the porch as presented "fit" the dwelling and was the best alternative when compared with
the detached gazebo.
Comprehensive
Planning Issues: The Zoning and Comprehensive Plan are consistent in this location.
Public Hearing
Comments: No one from the audience spoke regarding the request.
15.®4
APPEALS COMISSION MEETING, MARCH 13, 1996 PAGE 6
M TION by Dr. Vos, secon by Ms. Smith, to recommend approval of Variance
Request, VAR #86-04, by Joe ertens (M. B: Properties) to reduced the front yard
setback from 100 feet to 35 feet t allow the construction of a 32,500 square foot multi- .
tenant industrial building on Lot 3, locr2, Caba Realty First Addition, generally located
east of 8251 Main Street N.E., with following stipulations:
1. The petitioner shall submit a
hydraulic calculations.
2. The petitioner shall submit a 1
Industrial District, requirements.
grading and drainage plan and the appropriate
plan complying with the M-2, Heavy
3. The petitioner shall execute and ecord joint parking and driveway agreements
between the subject panel and th parcel to the west.
UPON A VOICE VOTE, WITH MS. SAV; E, MS. SMITH AND DR. VOS VOTING AYE
AND MR. KUECHLE VOTING NAY, CHAT RSON SAVAGE DECLARED THE MOTION
CARRIED BY A MAJORITY VOTE.
Ms. McPherson stated the City Council would
8.
E
BY JANET LEHRKE:
Per Section 205.04.05.13 of the Fridley City
in the front yard in order to allow the cons c
shed in the front yard and to allow placem i
front yard on that part of Lot 28, Revised Aud
of following described line: Beginning at a
feet westerly of southeast comer of said Lo
south line to north line of said Lot and the
thereof; also except road; subject to easement
River Road N.E.
this request at their meeting on April
3, to allow two accessory strictures
on of a 12 foot by 16 foot detached
of a 10 foot by 10 foot shed in the
's Subdivision No. 77, lying easterly
int on south line of said Lot 315.64
then north at right angle from said
3 .terminating; except west 90 feet
(record, the.same being 7136 East
Mr. Hickok stated the petitioner was aware of the meetin but saw attendance as optional
and was not at the meeting. The petitioner has asked staff to come out and discuss some
alternatives. He asked that this item be continued to *th4 next meeting on March 27.
3.
Per Section X 07.01.03.D.(3).(a) of the Fridley City Code, to reduce the rear yard
setback from 27 feet to 15 feet to allow the continued existence of a screened porch
located under a deck on Lot 1, Block 1, Walt Harrier First Addition, the same being
6496/98 Riverview Terrace N.E.
15.1.6
APPEALS COMMISSION MEETING, MARCH 13, 1996 PAGE -7
MOTION by Mr. Kuschle, seconded by Ms. Smith, to waive the reading of the public
hearing notice and to open the public hearing.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:53 P.M.
Ms. McPherson stated the petitioners were before the Appeals Commission at the last
meeting with a request to reduce the rear ya setback for living space from 27 feet to 26
feet to correct an existing condition and to i ease the encroachment of a deck from 10
feet to 12 feet into the rear yard. At that time, aff did not have an opportunity to discuss
the screened porch which had been constnarf as part of the deck. The petitioners chose
to come back through the process asking for a reduction in the rear yard setback from 27
feet to 15 feet. The location of the request is 6496/98 Riverview Terrace which is at the
intersection of Riverview Terrace and Mississippi Way.
Ms. McPherson stated the petitioner submitted photos of the newly constructed deck and
porch. In reviewing the request, staff looked at whether the City had granted similar
requests in the past. The City had granted two similar requests. The first is located on
Creek Park Lane -in which the variance request was to reduce the rear yard setback down
to 13.8 feet in this situation, the rear yard of the subject parcel was adjacent to the side
yard of the house to the north. The circumstances were significantly different in that the
house hada screened porch that would not be visible from the adjacent neighbor. The
side wall of the adjacent house to the north had no windows and, therefore, there was no
visual impact.
Ms. McPherson stated the second'similar request is located on Glen Creek Road. In this
case, the dwelling was behind two other dwellings which front directly on Glen Creek Road
and there is a private access easement which allows these residents to exit onto Glen
Creek Road. In this request, the City granted a variance to reduce the rear yard setback
to 17 feet. The required setback is approximately 33 feet. Again, this is significantly
different in that the porch addition did not visually impact the adjacent properties. Glen
Creek is adjacent to the rear yard of the dwelling, and the properties to the north have
deep rear yards so the visual impact was mitigated by vegetation and distance.
Ms. McPherson stated that while the request is within the two previously variances, staff
recommends denial of the request for the following reasons:
1. The petitioner can construct a detached, screen enclosed, gazebo without
a variance.
2. The previously granted variances had substantially different circumstances
(windowless side yard).
3. This request visually impacts the front yard of an adjacent property.
15.17
APPEALS COMMISSION MEETING, MARCS 13, 1996 PAGE 8
Dr. Vos asked if there were properties to the west.
Ms. McPherson stated there are three properties to the west.
Dr. Vos asked how many of those properties can visually see this porch.
Ms. McPherson stated all three can see the porch.
Mr. Kuechle asked the size of the subject parcel.
Ms. McPherson stated the lot is 10,368 square feet The minimum size lot for a duplex is
10,000 square feet The minimum size for a residential lot is 9,000 square feet.
Dr. Vos asked if any of the three property owners to the west had contacted the City.
Ms. McPherson stated, no.
Dr. Vos asked if there was a drop in elevation.
Ms. McPherson stated, yes, there is a change in elevation.
Ms. Savage stated the petitioner could construct a gazebo without a variance. Is there any
restriction on the size or placement of a gazebo?
Ms. McPherson stated the maximum size is 240 square feet and a gazebo can be placed
within three feet of the lot line or the width of an easement. She did not recall if there was
an easement on this property.
Dr. Vos asked if the porch was the same size as the deck.
Ms. McPherson stated, no. The porch is two feet shorter than the deck.
Ms. Jespersen stated the property had a tiny deck originally. This deck was constructed
when the house was constructed. The wood had rotted and her son-in-law volunteered
to rebuild the deck. They did not know they needed permits to replace the deck.
Ms. Savage stated the porch was too close to the property line.
Ms. Jespersen stated that when they decided to replace the deck, they considered that
lumber is 12 feet in length so that is the dimension they used.
Ms. Palmer stated they did not know the house was incorrectly positioned on the lot. They
assumed it was correct when they purchased the property.
Ms. Smith asked if any, of the neighbors had provided feedback
15.18
C.
APPEALS COMISSION MEETING, MARCH 13, 1996 PAGE 9
Ms. Jespersen stated the neighbors are very happy with it The other deck was very small.
This is in proportion to the house and it does look nice.
i Ms. Jespersen stated the house behind theirs has a garage facing their house and one
window. That house faces the river. That neighbor has been very supportive of what they
have done and has said they would write a letter of support. All three neighbors are very
supportive. All had spoken to them when the .first notice came out because they felt it
looked much better. The other neighbors have made no comment at all. No one else can
see it but the three neighbors. There are also shrubs and trees there so the porch is
screened.
Ms. Palmer stated she was reading the project summary which speaks about green space
and visual impact She thought a detached gazebo close to the property line would have
a more visual impact than what they now have. It is also in scale with the back of the
house. They have finished the area with rock and landscaping. As far as green space,
because of the way the house is sitting, they have limited green space. They have done
much enhancement to the other areas of the property. They have planted grass in a
former parking area so they have improved the property from what it was before. The
neighbors are very happy with them. There are no more junk cars. The neighbors have
commented on how nice the property looks. They did not solicit the neighbors comments.
The neighbors came to them.
Ms. Smith asked if there was much slope from the house to the property line.
Ms. Palmer stated the back yard slopes a lot to the back of the lot. If they were to put up
a gazebo, it would be on a hill.
MOTION by Dr. Vos, seconded by Mr. Kuechle, to close the public hearing.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON. SAVAGE DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:10 P.M.
Mr. Kuechle recommended approval of the request He realizes it was extending where
they have been before; however, he believed a gazebo is not a particularly good
alternative. The lot is filled because of a duplex on a 10,000+ square foot .lot. He thought
the visual impact of a screened porch where it is now would be less than if separately
located.
Ms. Smith agreed. The sloping has an impact on putting up a gazebo. While she is not
happy about doing something after it has been built, she thought the impact of tearing it
out was more destructive.
Dr. Vos concurred.
15.19
APPEALS COMMISSION MEETING, MARCH 13, 1996 PAGE 10
Ms. Savage agreed. The public purpose is being served. This is an attractive addition
and the most sensitive way to have a porch.
MOTION by Mr. Kuechle, seconded by Ms. Smith, to recommend approval of Variance
Request, VAR #96-06, by Corinne Jespersen and Janet Palmer to reduce the rear yard
setback from 27 feet to 15 feet to allow the continued existence of a screened porch
located under a deck on Lot 1, Block 1, Walt Harrier First Addition, the same being
6496/98 Riverview Terrace N.E.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON DECLARED THE MOTION
CARRIED UNANIMOUSLY.
Ms. McPherson stated the City Council would review this request at their meeting on April
8.
4. UPDATE ON PLANNING COMMISSION AND COUNCIL ACTIONS
Mr. Hickok provided an update on Planning Commission and City
ADJOURNMENT.
MOTION by Ms. Smith, seconded by Dr. Vos, to adjo the meeting.
UPON A VOICE VOTE, ALL VOTING AYE, AIRPERSON SAVAGE DECLARED THE
MOTION CARRIED AND THE MARC 3, 1996, APPEALS COMMISSION MEETING
ADJOURNED AT 8:20 P.M.
Respectfully
Lavonn
15.20
PUBLIC HEARING
BEFORE THE
COMMISSION
Notice is hereby given that the kppeals Commission of the City of Fridley will conduct a
Public Hearing at the Fridley M inicipal Center at 6431 University Avenue N.E. on
Wednesday, March 13, 1996, e t 7:30 p.m. for the purpose of:
Consideration of variance request, VAR #96-06, by Corinne Jespersen
-and Janet Palmer:
Per Section 205.07.01.0
.D.(3).(a) of the Fridley Zoning Code, to reduce the
rear yard setback from 27
feet to 15 feet to allow the continued existence of a
screened porch located
nder a deck on Lot 1, Block 1, Walt Harrier First
Addition, the same beind
6496198 Riverview Terrace N.E., Fridley, MN 55432
Any and all persons desiring to Ibe heard shall be given the opportunity at the above
stated time and place.
DIANE SAVAGE
CHAIRPERSON
APPEALS COMMISSION
Any questions related to this item may be referred to the Fridley Community
Development Department, 572-3593.
Hearing impaired persons planning to attend who need an interpreter or other persons
with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500
no later than March 6, 1996.
1Ev
CITY OF FRIDLEY
U.
ITYOF COMMISSION APPLICATION REVIEW
FRJDLEY
File Number ~File Date Meeting Date
7 2/20/96 3/13/96
File Description-.,
�, Janet-Pa-Ime- -
AR' #9646, 649
8 Ri
errace, by_Corinne Jespersen &
Complete Review Checklist; Return to The Community Development Department
*** Comments ***
Barbara Dacy
Scott Hickok
Michele McPherson
Jon Wilczek
John Flora
Ron Julkowski
Leon Madsen
Dave Sallman
Dick Larson
CITY OF FRIDLEY [�
6431 UNIVERSITY AVENUE N.E.
FRIDLEY, MN 55432 U3
(612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT
VARIANCE APPLICATION FORM
R YERTY,/I F RMATI - site plan required for submittal; see attached
Address: 10#41# �1&1 Z;'�-OMMF-
Property Identification Number (PIN)
Legal description:
Lot Block Tract/Addition IdAir&
Current zoning: S � G Square footagelacreage
Re a son for variance and hardship: e.� r
Se 'on of City Code:
Have you operated a busine s in a city which required a business license?
Yes No I If yes, which city?
If yes, what type of business?
Was that license ever denied or revoked? Yes No
1,t
FEE OWNER INFORMATION (as it appears on the property title)
(Contract rchasers: Fee Owners must sign this form prior to processing)
NAME � ,
ADDRESS (� °�f,�'
Z2— _ DAYTIME PHONE:-1�� 9 = 4?
NAME 6220YPe.,- 8 C
ADDRESS
-DAYTIME PHONE
SIGNATU DATE
Fee: �$100.00 ~~~~~~~~~~ ~$ 60 M J0 H for residential propeities ~~~�
Permit VAR # Receipt #
Application received by:
Scheduled Appeals Commission date:
Scheduled City Council date:
APPLICATION
DATE
City of Fridley Community Development Variance Process
APPEALS
COMMISSION
DATE
CITY COUNCIL
DECISION
CITY RECORDS
ACTION AT
ANOKA COUNTY
VAR #96-06
Jespersen/Palmer
N
VAR #96-06
648 Riverview Terrace
qt"9CATION MAP
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15.12 CCC
13314 ROLAND W. ANDERSON :;:
5 1495 CREEK PARK LANE +MOCOt1 YA CDMURrwY,MIA
Similar request, previously approved L ®C A T I ®N M A P
VAR X696-06
fPJespersen/Palmer
3 T.
3 R. 24
- THIS IS A COMPILATION CF RECORDS AS
THEY APPEAR THE ANOKA COUNTY
OFFICES AFFECTING THE AREA SHOWN.
THIS DRAWING IS TO SE USED ONLY FOR
�R/OL EY
REFERENCE PURPOSES AND THE COUN.
TY IS NOT RESPONSIBLE FOR ANY IN-
ACCURACIES HE..EIN CONTAINED.
539/3
3
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SEC.MdER
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15.12 CCC
13314 ROLAND W. ANDERSON :;:
5 1495 CREEK PARK LANE +MOCOt1 YA CDMURrwY,MIA
Similar request, previously approved L ®C A T I ®N M A P
VAR #996-06_
RONALD F. NIEYER
LAND SURVEYOR
LAND SURVEYING SUBDIVISION DESIGN
. TcLaPMoNe 771-4586
083 JESSIE ST. ST. PAUL. MINN. 35101
I hereby certify that this survey was prepared by me and that I am a duly
Registered Land Surveyor under the laws of the State of Minnesota.
/'
Reg. No. 9051 Date: November 4, 1984
Go c. mer./ /a /986
y Side yard of adjacent house
ti 37 3 - 2V-7-
23z I
1 q o � .3
1 H
1 1 r
Scales 1" = 30' — l0
I
30
1
G K �yoqR1<0 L 4I MC N, E'.
o Indicates iron monument placed
15.13
Lot 11, Block 2, CREEKRIDGE, Anoka Minnesota.
1495 Creek Park Lane
Similar request, previously approved
'
•-�✓r
d I
05.5 soya c
0
2 y.o
X1
C
'
'
N
ID I
� I
Q� r' o
C
1
N
23z I
1 q o � .3
1 H
1 1 r
Scales 1" = 30' — l0
I
30
1
G K �yoqR1<0 L 4I MC N, E'.
o Indicates iron monument placed
15.13
Lot 11, Block 2, CREEKRIDGE, Anoka Minnesota.
1495 Creek Park Lane
Similar request, previously approved
J
8
1
A
VAR #96-06
Jespersen/Palmer
N 1/2 SEC. /O, T. 30, R 2
C/T Y OF FRIDL EY
I
�81
HIGHWAY R/W
PLAT NO. 26
n
45 GLEN CREEK ROAD
Similar request, previously approvedLOCATION MAP
VAR 496-06
Jespersen/Palmer
• � .- . . ..vn.� .... AA jj �r:3112) IVll
..".T+ yUi..� r
u� SU+„1. ., I. .'{ 1 a7•Y) `4 4J Yi
UG F. :7At4Diil7Fr
CIVIL EDIGINEER
lC' N •. REG19T£REO UNDER L4W3 OF SCAM OF MINNESOTA/
4 765s LICENSEO BY Olt O1NANC8 OF CITY OF MINNEAPOLIS E
'•h a: .1 JAMEJ NELSON
\
326 PLYMOUTH BUILDING FEovRAt,. B-8721 SURVEYOR
NDU57RIAL - JUDICIAL HENNEPIN AT SIXTH MINNEAPOLIS 3. MINNESOTA
PST.a LI6NE0 $022
r METROPOLITAN LAI
+ s,Na ss - TOPOGRAPHICAL �E6+tirbf oris Certifit.9it
C.TY LQ'S - PLATTING C SURVEYORS. Ls..at.lsH[O
t 1
4Ud'
t1 free�
c ria/��l;n~ J 2,,"• � ''• ,• - � � ,
Y r' 1 i • '""- •i 1 • y '
1
1 t
t n } [;
lD U�
115 Glen Creek Road
�r
.sur/so 4'o. Re r. Add. Svb. yo i7 Zb.0' -
I ::eret. certif that this is a true and correct re, -recantation of
Y f
a surveyof t'�e botndarics of khat part of Lot 3$ Revised huditorls
D -'__Idivisicn P; r-bcr 77, Anoka County, �Unnesota.lying Easterly of the
exec nsicn Northerly of the East line of Lot 49 Block 11 Calk Creek
AdC.'ition Plat 2, and West of a line drawn North at a rigrt anr-le from a point in
the Borth line of said Oak Creek Addition Flat 2 distant 216.0 fe&-t'"Test neasur
o:i said North line from its intorseetion,with the Westerly line of East River.?,
as t:c _. .e is establiched according tc the aforesaid record plat of Cak Creek
n l;:ition lat c; ',Orelther with an ea;-ozent for itriveway mu -i cses over the South
1;:.0 foot of said Lot 35, extending Easterly frog the Ea;:t line of above describ
tract to ti_e West line of East River Road, all according to the realective plats
terec_ cn file and of record in tate office of the Register of Deeds in and for
ti:aca :a,rty._Minnesata• ana c1` tiie location of all buildini;s, if Any thereon, a
.•+side-neroact:ze ts, if any, front or on said lard. Tois survey is >nade on
in ren :e:-zticn with a rnortgaoe: loan new beim; pLaced on the ;.rcperty and no liabi
is a:; ter.: e:xcel_t to the holder of such rortgage cr any Ut•ilc.r i::terest aecraired
.6 !:n reason of suet: mortgaje. It is understood and agreed no moniments have been
lac- +d fcr the purFose of establishin let lines or boundary cornbrs. As�,surve;e
--- - - - - - Xu
- - - -
Similar request, previously approved STATE PLAN
i
JP
w
VAR. #96-06
Jespersep/Palmer
P
Ole
C - 4
yr&
15.09
.T�
If
VAR #96-06
Jespersen%Palmer
CX'�°' v
- - -2 <II-,; � "),
15.10
L
v
C-4<
m
ED
10
aow
*41
m
11
SIAC., ptkvA-
FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY. MN 55432 • (612) 571-3450 • FAX (612) 571-1287
CITY COUNCIL
ACTION TAKEN NOTICE
April 11, 1996
Corinne Jespersen
Janet Palmer
6496/98 Riverview Terrace NE
Fridley, MN 55432
Dear Ms. Jespersen and Ms. Palmer:
On April 8, 1996, the Fridley City Council officially approved your request for a
variance, VAR #96-06, to reduce the rear yard setback from 27 feet to 15 feet, on Lot
1, Block 1, Walt Harrier 1st Addition, the same being 6496/98 Riverview Terrace N.E.
Approval of this variance request is contingent upon the following stipulation:
1. The porch shall meet all the requirements of the Uniform Building Code and, if
necessary, any modifications, additions, or deletions should be completed in
order to meet these requirements.
You have one year from the date of City Council action to initiate construction. If you
cannot begin construction in time, you must submit a letter requesting an extension at
least three weeks prior to the expiration date.
If you have any questions regarding the above action, please call me at 572-3590.
Sierel ,
Barbara Dacy, AICP
Community Development Director
Please review the above, sign the statement below and return one copy to the City of
Fridley Planning Department by April 25, 1--- ZI-24
%, 7V7 cvbc
6� ea i4f
taken.
FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 • (612) 571-3450 • FAX (612) 571-1287
CITY COUNCIL
ACTION TAKEN NOTICE
April 11, 1996
Corinne Jespersen
Janet Palmer
6496/98 Riverview Terrace NE
Fridley, MN 55432
Dear Ms. Jespersen and Ms. Palmer:
On April 8, 1996, the Fridley City Council officially approved your request for a
variance, VAR #96-02, to reduce the rear yard setback from 27 feet to 26 feet, and to
increase the encroachment of a deck in the rear yard from 10 feet to 12 feet, on Lot
1, Block 1, Walt Hamer 1st Addition, the same being 6496/98 Riverview Terrace N.E.
Approval of this variance request is contingent upon the following stipulations:
1. The petitioner shall apply for and receive a building permit.
2. The deck and footings shall be inspected.
3. Changes shall be made to the deck so that it complies with the Uniform
Building Code.
4. S�/hfL.�tly
You have one year from the date of City Council action to initiate construction. If you
cannot begin construction in time, you must submit a letter requesting an extension at
least three weeks prior to the expiration date.
Corinne Jespersen
Janet Palmer
April 11, 1996
Page 2
If you have any questions regarding the above action, please call me at 572-3590.
Dacy, AICP
city Development Director
BD/dw
Please review the above, sign the statement below and return one copy to the City of
Fridley Planning Department by April 25, 1996.
Concur with action taken.