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VAR 09.94'Pe. JSP Vk CITY OF FRIDLEY p 6431 UNIVERSITY AVENUE N.E. FRIDLEY, MN 55432 (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT VARIANCE APPLICATION FORM PRQPERTY INFORMATION - sit�e plan requiredfor submittal; see attached ®� Address: Property IdentificationO umber (PIN) p C Legal descriptio Lot . A'3 BlockPA'e-rac Addition. Current zoning: S71 quare footage/acreage Reason fo v�rice and hardship: ll��oo n o ave y operated a business in a city w ich required a business license? Yes No If yes, which city? If yes, what type of business? Was that license ever denied or revoked? Yes No FEE OWNER INFORMATION (as it appears on the property title) (Contract Purchasers: Fee Owners must sign this form prior to processing) NAME o ADDRESS DAYTIME PHONE 196-9495 SIGNATURE _ DATE6)—,Q `6 —!9 PETITIONER INFORMATION NAME AD RESS e DAYTIME PHONE SIGNATUR - DATE .`�NtiNNivivivNNivNivN n./N NNN N NNNIVIVNiviv/I//NNNN NtitiNtiNvivNNN NNNNNtiNNNNNNNNr+� Fee: $100.00 $ 60.00 for residential properties Permit VAR # ®? eceippt ## 395s - Application received by: 1-,cr @ <' �A_ Scheduled Appeals Commission date: Scheduled City Council date: CITY OF FRIDLEY PLAN REVIEW CHECKLIST Applicants for vacations must submit the legal description of the parcel (easement, street, etc.) to be vacated. Complete site plans, signed by a registered architect, civil engineer, landscape architect, or other design professional, to include the following: A. General: 1. Name and address of project 2. Legal description (certificate of survey may be required) 3. Name,, address, and telephone number of applicant, engineer, and owner of record 4. Date proposed, north arrow, scale, number of sheets, name of drawer 5. Description of intended use of site, buildings, and structures including type of occupancy and estimated occupancy load 6. Existing zoning and land use 7. Tabulation box indicating: (i) Size of parcel in sq. ft. Gross floor area of buildings Percent of site covered by building (iv) Percent of site covered by impervious surface (v) Percent of site covered by green area (vi) Projected number of employees (vii) Number of seats if intended use is a restaurant or place of assembly (viii) Number of parking spaces required (ix) Number of parking spaces provided including handicapped (x) Height of all buildings and structures and number of stories B. Site Plan: 1. Property line dimensions, location of all existing and proposed structures with distance from boundaries, distance between structures, building dimensions and floor elevations 2. Grading and drainage plan showing existing natural features (topography, wetlands, vegetation, etc.) as well as on and storm water ret rsed etention grade p nds.Calculati nsfor tions and enistorm water detention/retention areas. 3. All existing and proposed points of egress/ingress showing widths of property lines, turning radii abutting rights-of-way with indicated center line, paving width, existing and proposed median cuts, and intersections of streets and driveways 4. Vehicular circulation system showing location and dimensions for all driveways, parking spaces, parking lot aisles, service roads, loading' areas, fire lanes, emergency access (if necessary), public and private streets, alleys, sidewalks, bike paths, direction of traffic flow, and traffic -control devices 5. Landscaping Plan 6. Location, access, and screening detail of trash enclosures 7. Location and screening detail of rooftop equipment 8. Building elevations from all directions 9. Utility plan identifying size and direction of existing water and sewer lines, fire hydrants, distance of hydrant to proposed building City of . Coon Rapids E�J 615 () 58295 14 l ( y, (7=9) (tot �' ") 1590, () 11634 85 620 600 `�'' �, 576 , S�Tee'; ms) \ (55855) 585 I556 7 6) 66& f 61 ' t ( 6m 631 (ra) I�� 7 nI ( ) 651 �" 74 689 (21) Imo) 641 679 (its) J 598 584 is e634J c600 n r (147) 616 6M 17 J (141) (144) 59 e�:,11e (u: J 95 131) (514 1 J 102) 6m E6w 4Pg�1 ( ) ( u' ) am)\ (��3 (�?' � 633) 6H t ( ) l650 I ( ) . (ffi7j �) Z � Imo) I J + I US) 4n't,OD (4) Imo, 6w ( ) 1% (8215) ( E�J F " L N MARP () 615� 85 6m �°) Lam) ( , f 61 6m szi) 04 04 �" J is 6M 6w 1 J E6w am)\ t ) ( ) 6H t l650 I c�) (ffi7j (n4 Imo) I J t611 In7f I1r7 6� IBJ J a) (N sa tom) F " L N MARP o REGISTERED UNDER LAWS OF STATE OF MINNESOTA 7601 - 73rd Avenue North 560-3093 Minneapolis, Minnesota 55428 y, �urar�ur� f�rr#ifu�fr VQ a x 0 oxo �r LI+� i mpm ■GY0 I am W � N CCI Z2. c SIA,I — i24.4q- � V � Floor EleV. 3:3o JY 8241 o HOUSE m GARAGE . 5o a' .l I ADDITION ,af N M0 0 20.0 /3 Z.S a. T, N This home was originally located on a corner lot with a dimension that is closer to the street than currently allowed. The proposal to enlarge the kitchen and create more living space represents a modification to a non -conforming use. As a result, a variance is required. SITE PLAN i 4.i~ , Lots 22, 23, and 24; Block P, RIVERVIEW HEIGHTS ADDITION T, N This home was originally located on a corner lot with a dimension that is closer to the street than currently allowed. The proposal to enlarge the kitchen and create more living space represents a modification to a non -conforming use. As a result, a variance is required. SITE PLAN MTV Z u" N I N G M A?.. DISTRICT LEGEND - FAMILY DVVG'S ❑ M-1 LIGHT INDUSTRIAL ❑ 3 FAMILY DWG'S ❑ M-2 HEAVY INDUSTRIAL 1. MULTIPLE DWO'S E-1 PUD PLANNED UNIT DEV. BILE HOME PARK ❑ S-1 HYDE PARK NEIGHBORHOOD ❑ ILIC FACILITIES J. S-2 REDEVELOPMENT DISTRICT ❑ :AL BUSINESS ❑ 0-1 CREEK & RIVER PRESERVATIOE, IlRAL BUSINESS 17 0-2 CRITICAL AREA 1. FRAL [FRAL 0I` I., VACATED STREETS Z u" N I N G M A?.. 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, November 8, 1994, at 7:30 p.m. for the purpose of: Consideration of variance request, VAR #94- 25, by Michael and Julie Heller, pursuant to Section 205.07.03.D.(2).(c).((1)) of the Fridley City Code, to reduce the side corner setback from 17.5 feet to 15.1 feet on Lots 22, 23, and 24, Block P, Riverview Heights, generally located at 8245 Riverview Terrace N.E. (See map on reverse side for location of property.) Any and all persons desiring to be heard shall be given the opportunity at the above stated time and place. DIANE SAVAGE CHAIRPERSON APPEALS COMMISSION Any questions related to this item may be referred to the Fridley Community Development Department, 572-3592. Hearing impaired persons planning to attend wh interpreter or other persons with disabilities auxiliary aids should contact Roberta Collins later than November 1, 1994. o need an who require at 572-3500 no CYOF CITY OF FRIDLEY FMDL I' COMMISSION APPLICATION REVIEW File Number File Date Meeting Date 56 9/23/94 November 8, 1994 File Description: N VAR #94=25 Michael and Julie Heller, 8245 Riverview Terrace% Complete Review Checklist; Return to The Community Development Department *** Comments ** Barbara Dacy Scott Hickok Michele McPherson Scott Erickson John Flora John Palacio Clyde Moravetz Leon Madsen Dave Sallman Dick Larson c Cans' �5W`^L�TY� 3 -VAR •f-94-25 Mailing List Mailed: 10/27/94 Michael and Julie Heller Michael & Julie Heller 8245 Riverview Terr. NE Fridley, MN 55432 Spadgenske/Dreyer 670 Ironton Street NE Fridley, MN 55432 Robert and Jane Dirkes 680 Ironton Street NE Fridley, MN 55432 Kathleen Larson 677 Ironton Street NE Fridley, MN 55432 David & Jean Wudinich 647 Ironton Street NE Fridley, MN 55432 Thomas Shupien 680 Janesville Street NE Fridley, MN 55432 Eleanor Hanson 648 Janesville Street NE Fridley, MN 55432 Michael & Rita Curtis 689 Janesville Street NE Fridley, MN 55432 John Kennedy 8199 Riverview Terr. NE Fridley, MN 55432 David Hagemeister 6608 Quebec North Minneapolis, MN 55428 Thomas Brandl 664 Ironton Street NE Fridley, MN 55432 Marie Gable 671 Ironton Street NE Fridley, MN 55432 Chris & Carol Milner 633 Ironton Street NE Fridley, MN 55432 Arlene Andrea 670 Janesville Street NE Fridley, MN 55432 David & Rita Williams 634 Janesville Street NE Fridley, MN 55432 Richard &Mary Smith 8275 Riverview Terr. NE Fridley, MN 55432 Igor and Robin Woyno 8181 Riverview Terr. NE Fridley, MN 55432 Thomas & Karen Zemlin 690 Ironton Street NE Fridley, MN 55432 Dennis & Eloise Roelke 8215 Riverview Terr. NE Fridley, MN 55432 Mary Kociemba 665 Ironton Street NE Fridley, MN 55432 Robert Mikulak 8241 Riverview Terr. NE Fridley, MN 55432 Rudolph & Carol Kalan 654 Janesville St. NE Fridley, MN 55432 Donald Olson 699 Janesville St. NE Fridley, MN 55432 Gary & Kathleen Hanning 679 Janesville St. NE Fridley, MN 55432 Larry and Elaine Harris Current Resident Scott & Tamara Roselius 651 Janesville Street NE 641 Janesville Street NE 631 Janesville St. NE Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 `Ron&kd & Shirley Watson 8295 Riverview Terr. NE 'Fridley, MN 55432 Paul Westby 666 Kimball Street NE Fridley, MN 55432 Steven & Judy Luppino 634 Kimball Street NE Fridley, MN 55432 Daniel and Joanne Fay 729 Kimball Street NE Fridley, MN 55432 Stanley & Patricia Barone Suzanne Egan 586 Kimball Street NE 576 Kimball Street NE Fridley, MN 55432 Fridley, MN 55432 John & Hassman Hinnekamp 656 Kimball Street NE Fridley, MN 55432 Leonard & Clynell Moore 8301 Riverview Terr. NE Fridley, MN 55432 Russell Tenney 725 Kimball Street NE Fridley, MN 55432 Lavonne Broberg 646 Kimball Street NE Fridley, MN 55432 Current Resident 735 Kimball Street NE Fridley, MN 55432 Dennis & Veronica Hamre 655 Kimball Street NE Fridley, MN 55432 David Kociemba Diane Savage City Council Members 635 Kimball Street NE Appeals Comm. Chair Fridley, MN 55432 567 Rice Creek Terr. NE Fridley, MN 55432 November 3, 1994 VAR #94-25 Page 2 The request is within previously granted variances. As the request is within previously granted variances, staff has no recommendation regarding the request. If the Appeals Commission approves the request, staff recommends the following stipulation: 1. Special Use Permit, SP # 94-17 shall be approved. STAFFREPORT_ Community Development Department Appeals Commission Date : November 8, 1994 Planning Commission Date City Council Date VAR #94-25 Michael and Julie Heller LOCATION: 8245 Riverview Terrace, the property is zoned R-1, Single Family Dwelling. REQUEST: To reduce the side corner setback from 17.5 feet to 15.1 feet. Section 205.07.03.D.(2).(c).((1)) requires that the side yard setback on the street side of a corner lot shall not be less than 17 1/2 feet. Public purpose served by this requirement is to maintain a higher degree of traffic visibility and to reduce the "line of sight" encroachment into the neighbor's front yard. Located on the subject parcel is a single family dwelling unit and a detached two car garage. The petitioner is proposing to connect the garage and dwelling with an addition measuring 11'*14.51. The petitioner will also be replacing a portion of a rotting wall and door as well as enlarging the kitchen with the addition. The petitioner's home is located in the flood fringe area, therefore a special use permit is also required. The subject parcel is located at the intersection of Riverview Terrace and Janesville Street. The front yard is defined as the shortest of -the two street frontages; Riverview Terrace. The setback, therefore on the Janesville frontage is 17.5 feet. The existing dwelling and garage are located 15.1 feet from the property line. The variance would correct an existing encroachment and -allow construction of the addition. The proposed addition does not increase the amount of encroachment. l G71(OF FRIDLEY FRIDLEY MUNICIPAL CENTER . 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 • (612) 571-3450 • FAX (612) 571-1287 APPEALS COMMISSION ACTION TAKEN NOTICE November 10, 1994 Michael and Julie Heller 8245 Riverview Terrace N.F. Fridley, MN 55432 Dear Mr. and Mrs. Heller: On November 8, 1994, the Fridley Appeals Commission officially approved your request for a variance, VAR #94-25, to reduce the side corner setback from 17.5 feet to 15.1 feet on Lots 22, 23, and 24, Block P, Riverview Heights, generally located at 8245 Riverview Terrace N.E., with one stipulation: 1. Special Use Permit, SP #94-17, shall be approved. You have one year from the date of Appeals Commission action to initiate construction. If you cannot begin construction in time, you must submit a letter requesting an extension at least three weeks prior to the expiration date. If you have any questions regarding the above action, please call me at 572-3593. Sincerely, Michele McPherson, BLA Planning Assistant MM/ dw Please review the above, sign the statement below and return one copy to the City of Fridley Planning Department by November 24, 1994. Er' � M'Nn Wirma" - 1,!, "n %2'Ne. �N-- M J, CITY OF FRIDLEY APPEALS COMMISSION MEETING, NOVEMBER 8, 1994 CALL TO ORDER: Chairperson Savage called the November 8, 1994, eals Commission meeting to order at 8:02 p.m. ROLL CALL: Members Present: Diane Savage, Ke os, Cathy Smith Members Absent: Larry Kuech , Carol Beaulieu Others Present: Michele cPherson, Planning Assistant Herma Heath, 991 Pandora Drive N.E. Car Torkelson, 6800 Brookview Drive N.E. ristine Gerrety, 1051 - 67th Avenue N.E. Julie Heller, 8245 Riverview Terrace N.E. MOTION byOr. Vos, seconded by Ms. Smith, to approve the October 5, 1994, Appeals Commission minutes as written. AA VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING• VARIANCE REQUEST, VAR #94-25, BY MICHAEL AND JULIE HELLER: Pursuant to Section 205.07.03.D.(2).(c).((1)) of the Fridley City Code, to reduce the side corner setback from 17.5 feet to 15.1 feet on Lots 22, 23, and 24, Block P, Riverview Heights, generally located at 8245 Riverview Terrace N.E. MOTION by Ms. Smith, seconded by Dr. Vos to waive the reading.of the public hearing notice and to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON,DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN ATf`6:04 P.M. Ms. McPherson stated the subject parcel is located at 8245 Riverview Terrace. The property is zoned R-1, Single Family Dwelling, as are all the surrounding parcels in this area. The variance request is to reduce the side yard setback on the street side of the corner lot from 17.5 feet to 15.1 feet. Ms. McPherson stated located on the subject parcel is a single family dwelling unit and a detached two car garage. The petitioner is proposing to do some repairs and enlarge the kitchen. The property is located in the flood fringe district so they are also processing a special use permit. APPEALS COMMISSION MEETING, NOVEMBER 8, 1994 PAGE 2 Ms. McPherson stated the subject parcel is located at the intersection of Riverview Terrace and Janesville Street. The subject parcel is a corner lot. The setback of the dwelling to Riverview Terrace is at 35 feet; therefore the side corner is Janesville Street. The existing dwelling and garage are already located at 15.1 feet from the side property line. The petitioner is not proposing to increase the encroachment but to continue the existing line between the house and garage. The variance is to correct an existing encroachment and allow construction of the addition. The request is within previously granted variances. Ms. McPherson stated staff has no recommendation regarding the request. If the Appeals Commission.approves the request, staff recommends the following stipulation: 1. Special Use Permit, SP #94-17, shall be approved. Commission members had no questions of staff. Ms. Heller stated the addition is existing. The house and garage have been attached by a breezeway. The breezeway had deteriorated and needed to be replaced. The house and garage were connected by the breezeway, and they now have replaced the block, floor, and have added doors and a bow window which enlarges the kitchen area but they have not remodelled the existing kitchen. Dr. Vos asked if they had already done this work. Ms. Heller stated yes. Dr. Vos asked if the bow window had any affect on the setback. Ms. McPherson stated if the window was off the floor did not affect the setback. Dr. Vos asked, in looking at the site drawing, what the jog was on the south side of the dwelling. Ms. Heller stated this was the chimney. Dr. Vos asked why the petitioner needed a request and if it was because they had done this work. Ms. McPherson stated yes. Ms. Savage asked if they would have needed a request if the work had been proposed. Ms. McPherson stated yes. it APPEALS COMMISSION MEETING, NOVEMBER 8, 1994 PAGE 3 Ms. Savage asked the petitioner is she was aware of any reactions from the neighbors. Ms. Heller stated she has received no complaints from the neighbors. MOTION by Ms. Smith, seconded by Dr. Vos to waive the reading of the public hearing notice and to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:08 P.M. Ms. Smith stated she would be inclined to vote for approval. The request is for a minimal number of feet from the corner. The spirit of the code is being met. The request does not change the current line of sight. Dr. Vos agreed. The existing setback is already 15.1 feet and the bow window is not a factor. Ms. Savage agreed. There is already an existing encroachment, and the addition will improve the look of the house. MOTION by Ms. Smith, seconded by Dr. Vos, to recommend approval of Variance Request, VAR #94-25, by Michael and Julie Heller, to reduce the side corner setback from 17.5 feet to 15.1 feet on Lots 22, 23, and 24, Block P, Riverview Heights, generally located at 8245 Riverview Terrace N.E., with the following stipulation: 1. Special Use Permit, SP #94-17, shall be approved. UPON A VOICE VOTE,. ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. McPherson stated the Planning Commission would review the request for a Special Use Permit on November 30. 2. PUBLIC HEARING: VARIANCE REQUEST. VAR #94-29.B5--dAROL TORKELSON: Pursuant to Section 214.09.02 of the Frialdy City Code, to allow a temporary sign of 15 square f not on a wall in a residential district on Lot 12, B 2, Brookview Terrace 2nd Addition, generally locate at 6800 Brookview Drive N.E. MOTION by Dr. Vos, seconded Ms. Smith to waive the reading of the public hearing notice nd to open the public hearing. UPON A VOICE VOTE LL VOTING AYE, CHAIRPERSON DECLARED THE MOTION CARRIEDJ= THE PUBLIC HEARING OPEN AT 8:10 P.M. id4c1 c, CI TYOF FRIDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 • (612) 571-3450 • FAX (612) 571-1287 CITY COUNCIL ACTION TAKEN NOTICE December 20, 1994 Michael Heller 8245 Riverview Terrace N.E. Fridley, MN 55432 Dear Mr. Heller: On December 19, 1994, the Fridley City Council officially approved your request for a Special Use Permit, SP #94-17, to allow construction of a kitchen expansion and repair of an existing dwelling in the flood fringe district, on Lots 22, 23, and 24, Block P, Riverview Heights, generally located at 8245 Riverview Terrace N.E. Approval of the special use permit is contingent upon the following stipulations: 1. The petitioner shall submit an elevation certificate verifying the first floor elevation of the dwelling and the breezeway. The petitioner shall execute and record against the property a hold harmless agreement releasing the City from liability. G 3 The petitioner shall grant a 15 foot flood control, street, and utility easement along the west property line. If you have any questions regarding the above action, please call me at 572-3590. Sincerely, Barbara Dacy, AICP Community Development Director BD/dw Please review the above, sign the statement below and return one copy to the City of Fridley Planning Department by January 3, 1995. Concur with action taken. AGREEMENT z3 Li 19 _�'�-This Agreement, dated this --,I day of , 1995, by and between Michael Heller and Julie Heller, husband and wife (hereinafter referred to as "owner"), and the City of Fridley (hereinafter referred to as "the City"). WHEREAS, the owners own residential real estate in the City located at 8245 Riverview Terrace N.E. and legally described as follows: Lots 22, 23, and 24, Block P, Riverview Heights. WHEREAS, said property is located within the CRP -2 Flood Fringe district; and WHEREAS, the owners are interested in reconstructing a portion of the existing dwelling; and WHEREAS, the City has agreed to issue a special use permit allowing the construction upon certain conditions. NOW, THEREFORE, in consideration of granting the special use permit, Michael Heller and Julie Heller, husband and wife, their heirs, successors, and assigns hereby covenant and agree as follows: 1. That they shall hold the City harmless for any injuries or damages to property by reason of the reconstruction of the dwelling. 2. Michael Heller and Julie Heller, husband and wife, their heirs, successors, and assigns shall defend the City against any and all claims arising as a result of construction within the flood plain. The City may defend and charge the costs of such defense against Michael Heller and Julie Heller, husband and wife, their heirs, successors, and assigns, and assess such Page 2 - Heller Agreement costs against the subject property if adequate and timely defense is not commenced on the City's behalf. 3. Michael Heller and Julie Heller, husband and wife, their heirs, successors, and assigns agree to promptly pay any sums due under this agreement. The City may pursue judgments to collect the amounts owing under this agreement, and if said sums are not promptly paid, the City may assess the costs against the subject property. I , CITY OF FRIDLEY By: C" - William A. Champa Its City Clerk d a i . M c ael Heller r. Jf e Heller This Instrument Drafted by: City of Fridley 6431 University Avenue NE Fridley, MN 55432 Page 3 - Heller Agreement STATE OF MINNESOTA) )ss. COUNTY OF ANOKA ) The foregoin /instrument was day of 1174eG61 , Julie Heller, husband and wife. STATE OF MINNESOTA) )ss. COUNTY OF ANOKA j he foreo instrument was day of 1�- t-4 , City Clerk of the City of Fridley. q ROBERTA S. COLLINS N"MV PUBLIC - M0VW=A ANOKA COUNTY M,y Comm Exp. Jan. 31, 2000 acknowledged before me this 1995, by Michael Heller and Not j,;Public_ acknowledged before me this 1995, by William A. Champa, Nota tic