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VAR 89-23STATE OF MINNESOTA COUNTY OF ANOKA CITY OF FRIDLEY In the Matter of a variance, VAR #89-23 0. B. Zachmann 0 8dS'730 CITY COUNCIL PROCEEDINGS Owner VARIANCE The above entitled matter came before the City Council of the City of Fridley and was heard on the 2nd day of October , i9—E9—, on a petition for a variance pursuant to the City of Fridleyts Zoning Ordinance, for the following described property: To reduce the side yard setback for an accessory building on a corner lot from 30 feet to 20 feet, to allow the construction of a single family home and attached garage on Lot 15, Block 2, Riverwood Park, the same being 7100 Riverwood Drive N.E. IT IS ORDERED that a variance be granted as upon the following conditions or reasons: See City Council minutes of October 2, 1989. 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 Frid y, Minnesota, in toe County of Anoka on the A day of 19.E -Q DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 SHIRLEY A. AAPALA, CIT CLERK Variances are valid for a period of one year following approval and shall;-- e considered void if not used within that period. °(SEAL �' RIDLEY CITY COUNCIL MEETING OF OCTOBER 2, 1989 PAGE 6 cause an encroachment that would go beyond the existing line of the building wall or further encroach into the side corn and setback. She stated, therefore, the Appeals Com issecommended approval, even though staff recommended den' MOTION by Councilman Schneid concur with the recommendation of the Appeals Commis and grant the Variance, VAR.#89-22, to reduce the side setback on a corner lot from 17.5 feet to 11.1 feet. S ed by Councilwoman Jorgenson. Upon a voice vote, all g aye, Mayor Nee declared the motion carried unanimously. C. CONSIDERATION OF A VARIANCE VAR #89-23. TO REDUCE THE SIDE YARD SETBACK FOR AN ACCESSORY BUILDING ON A CORNER LOT FROM 30 FEET TO 20 FEET TO ALLOW THE CONSTRUCTION OF A SINGLE FAMILY HOME AND ATTACHED GARAGE ON LOT 15, BLOCK 2 RIVERWOOD PARK THE SAMA' BEING 7100 RIVERWOOD DRIVE N.E.. BY O. B. ZACHMANN: Ms. Dacy, Planning Coordinator, stated this building site was the subject of a variance request in 1986 when a larger home was proposed for this lot than what the petitioner is now proposing. She stated the variance approved in 1986 allowed a reduction in the front and rear yard setbacks. Ms. Dacy stated the variance became null and void since no action was taken in the one year time frame. Ms. Dacy stated this variance request is to reduce the side yard setback for an accessory building on a corner lot from 30 to 20 feet for the construction of a home and attached garage. She stated adjacent property owners were concerned regarding the elevations and grading of this property. She stated staff investigated this issue and found there was about a four to five foot difference in elevation between this lot and the lot to the north. She stated two to four feet of fill will be placed on the property so the change in elevation, at most, would be three feet or even with the elevation of the property to the north. Ms. Dacy stated the Appeals Commission recommended denial of this variance due to the fact that there is adequate buildable area and other design alternatives for construction of a home on this lot. Councilman Fitzpatrick stated as he understands, one of the objections to the variance was the property owner to the north did not want to look at the back of the garage. He stated he also understands that if the petitioner is forced to construct a detached garage, he could not only build into the 30 foot setback, but actually build the garage all the way to the west up to three feet from his rear yard. He stated this would expose a great deal more of the garage to the neighbor to the north. Mayor Nee asked if the persons who objected to the variance were aware it would be considered by the Council this evening. � � Y RIDLEY CITY COUNCIL MEETING OF OCTOBER 2, 1989 PAGE Ms. Dacy stated the Appeals Commission stated this variance request would be submitted to the Council on October 2, 1989. Councilman Fitzpatrick stated he understands some of the neighbors signed a petition indicating they were aware of the request and had no objections, with the exception of one person who wanted to think about it. Mayor Nee asked what Mr. Schreifels meant when he stated at the Appeals Commission meeting that "it would be the only house on the block that would extend beyond the other houses." Ms. Dacy stated she believed he was referring to the rear of the homes because the front yard setback would be maintained. Councilman Fitzpatrick stated this lot has a history of problems with development. He stated the variances granted in 1986 were more extensive than what is now being requested and this variance seems reasonable. MOTION by Councilman Fitzpatrick to grant the Variance, VAR #89- 23, to reduce the side yard setback for an accessory building on a corner lot from 30 feet to 20 feet. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. D. CONSIDERATION OF A VARIANCE VAR #89-24. TO INCREASE THE TOTAL SQUARE FOOTAGE OF SIGNAGE FROM 80 SQUARE FEET TO 220 SQUARE FRET t2 PRICE. SIGNS AT 110 SOUARE Ms. Dacy, Planning Coordinator, stated this is a request to increase the total square footage of signage fr 80 square feet to 220 square feet. She stated the Si Ordinance allows properties to have more than one freestandi pylon sign if it has more than one street frontage, however, a total square feet must not exceed 80. She stated the petit' ner has adequate means to advertise the business with an 8o s re foot sign, as wall signage is permitted as well. Ms. Dacy stated Conoco is pet' ioning for this variance as they are refurbishing this site of a Jet Mart Station. Ms. Dacy stated the eals Commission recommended denial of this variance request. a stated staff has since received information from Conoco that ey wish to reduce their request to have one 110 square foot s' , rather than two signs of 110 square feet each. She stated a petitioner is present this evening and may wish to confirm is request. Ms. onnie Lutton, District Manager for Conoco, stated when they o ginally submitted the variance request, they were under the C 878730 NurmericaiT Grantor Grantee' Recorded Checked Margin y �C, lndex�- UMM OF COUNTY REOMER STi Of WONs�QT�s, COUNTY OF � t hereby certify ghat the w thin instnr- mea wasjwfiuj �r record ea the HAY anti,jm duly rew,ded � C 0*4 CITY CLERK CITY OF FRIDLEY 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 • (612) 571-3450 • FAX (612) 571-1287 CITY COUNCIL ACTION TAKEN NOTICE O. B. Zanhmann 4229 Oliver North Minneapolis, MN 55412 Dear Mr. Zachmann: October 4, 1989 On October 2, 1989 the Fridley City CounciLI.Approved your request for a variance, VAR #89-23, to reduce the iW&IF yard setback for an accessory building on a corner lot from 30 feet to 20 feet, to allow the construction of a single family home and attached garage on Lot 15, Block 2, Riverwood Park, the same being 7100 Riverwood Drive N.E. If you have any questions regarding the above action, please call the Planning Department at 571-3450. Sinc re `y .•._ ,Barbara Dacy (Planning Coordinator BD/dn Please review the noted stipulations, sign the statement below and return one copy to the City of Fridley Planning Department by October 18, 1989. o � Con r with action taken. 6 BEQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST .LOCATION 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 RECOnMMENDATION VAR. #89-23 O. B. Zachmann Th reduce the rear yard setback from 30 ft. to 20 ft. 7100 Ri.venqood Drive N.F. 10,000 sq. ft. N/A R-1, Single Family R-1, Single Family, zoning and uses surrounding the site N/A Must be paid at tip of building permit N/A Yes Yes None Denial Denial 3FF Staff Report VAR #89-23, 7100 Riverwood Drive N.E. Page 2 A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.07.03.D.(3).(a) requires a rear yard setback of not less than 25 feet or 25% of the lot depth. Public purpose served by this requirement is to provide rear yard space to be used for green areas which enhance the neighborhood. B. STATED HARDSHIP: "I must have a rambler style house, as I have difficulty walking steps, due to being afflicted with osteoarthritis." C. ADMINISTRATIVE STAFF REPORT: Request The petitioner, 0. B. Zachmann, is requesting a 10 foot rear yard variance to construct an attached garage 20 feet from the rear lot line instead of the required 30 feet. Site The site is located at the northwest corner of Riverwood Drive and 71st Way. The site is zoned R-1, Single Family, and is surrounded by R-1, Single Family, zoning and uses. Background The Appeals Commission and City Council previously considered a variance request on the subject property in 1986. The City Council, with a recommendation of approval from the Appeals Commission, approved a reduction in the front yard setback from 35 feet to 17.5 feet and a reduction in the rear yard setback from 13 feet to 17.5 feet. The approval was stipulated upon the construction of the home to the north of the subject property to be 20 feet from the south lot line. According to the minutes, this was in reaction to the fact that the proposed structure was to be located 10 feet from the side lot line. Since that time, however, a home has been constructed on the property to the north, and it is located 10 feet from the north lot line. F Staff Report VAR #89-23, 7100 Riverwood Drive N.E. Page 3 Analysis Included in the attachments is the site plan for the previous variance application. That proposal included a longer rambler style building. The front of the lot is defined as the shortest dimension, which in this case would be Riverwood Drive. The rear of the lot is then the western property line. The previous approval granted variances to the front and the rear to encroach to 17.5 feet. The current proposal maintains the front yard setback from Riverwood Drive at 35 feet, as well as the required side yard setback from the north lot line at 10 feet and also the side corner setback along 71st Way. Included in the packet is a copy of the current proposal with the required setbacks marked on the lot. As opposed to the previous case, the petitioner is making more use of the buildable area; however, there does exist adequate area within the buildable area to rearrange the structure design so that the garage can be fully placed within the buildable area. This would mean moving the 15 foot extension from the proposed house to the north and relocating the garage to the south of it so that the entire structure is within the buildable area. Unfortunately, until amendments to the City Code regarding corner lots are made, the current interpretation of the Code should be maintained. Recommendation Staff recommends the Appeals Commission recommend denial of the request, VAR #89-23, by O. B. Zachmann, as there are other options to meet the intent of the Code. Appeals Commission Action The Appeals Commission unanimously recommended denial of the request based on the fact that other alternatives exist to arrange the home within the buildable area of the lot. Staff Update The adjacent property owners inquired as to the City's policy regarding the grade differential between the subject property and the existing developed lots. The Assistant City Engineer and Planning staff revisited the site. There appears to be at this time a five foot difference in elevation between the finished floor elevation of the property to the north and the subject property. When the subject property is developed, 3GG 3HH Staff Report VAR #89-23, 7100 Riverwood Drive N.E. Page 4 approximately two feet of fill at minimum will probably be placed on the property. The petitioner has not determined the amount of fill that will be placed on the property. However, there will not be a severe change in elevation between the two properties. City Council Recommendation Staff recommends the City Council adopt the Appeals Commission recommendation. '= COMMUNITY DEVELOPMENT DEPARTMENT unroF FMDLEY MEMORANDUM DATE: September 26, 1989 TO: William Burns, City Manager° FROM: Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator SUBJECT: Variance Request, VAR #89-23, by O. B. Zachmann Attached is the staff report for the variance request to reduce the rear yard setback from 30 feet to 20 feet at 7100 Riverwood Drive N. E. The Appeals Commission recommended denial of the variance request. Staff recommends the City Council concur with the Appeals Commission recommendation. BD/dn M-89-586 3DD Ms. Savage asked Ms. Phillips to better define her hardship. Ms. Phillips stated the addition cannot be moved over because of the kitchen window and basement windows. Directly below the kitchen is a bathroom and laundry room, and she feels they need an outside opening for thos two rooms. She stated they like the outdoors, and they would u ilize this porch addition. A 12 ft. x 14 ft. addition is quite s all. OTION by Mr. Kuechle, hearing. by Ms. Savage, to close the public UPON A VOICE VOTE, ALL VOTING AYE, PUBLIC HEARING CLOSED AT 8:31 M. Mr. Kuechle stated he is in fa or already closer to the street, a d be inside the garage lines. he however, the purpose of the ordi a visibility around corners for tr f impact on that. CHAIRPERSON BARNA DECLARED THE of the variance. The garage is the lines of the addition would hardship is not very strong; nce is to provide clearance and fic, and this has absolutely no Ms. Savage agreed. She felt the pi code will be met by the addition. the house was built, no variance we like a reasonable variance request, it. lic purpose and spirit of the zder the old code at the time d have been needed. It seems nd she would vote in favor of Dr. Vos stated he felt the hardship' s the fact that this is a corner lot, the original placement of the house on the lot, and that the house met all code requiremeis when it was built. He would vote in favor of the variance. Mr. Barna also agreed. He stated the sp rit of the code is being met. The hardship is the existing place nt of the house. MOTION by Ms. Savage, seconded by Dr. Voss Council approval of variance request, V2 Phillips, pursuant to Section 205.07.03 Fridley City Code to reduce the side yard e from 17.5 feet to 11.1 feet, to allow t addition on Lots 1 and 2, Block 5, Florence being 6370 Van Buren Street N.E. UPON A VOICE VOTE, ALL VOTING AYE, MOTION CARRIED UNANIMOUSLY. Ms. Dacy stated this item will go to City 1989. to recommend to City #89-22, by Vera A. . (2) . (c) . (1) of the tback on a corner lot construction of an k Addition, the same BARNA DECLARED THE 1 on October 2, ft PPEALS COMMISSION MEETING, SEPTEMBER 19, 1989 - PAGE 8 3. CONSIDERATION OF A VARIANCE REQUEST. VAR #89-23. BY O. B. ZACHMANN• Pursuant to Section 205.07.03.D.(3).(a) of the Fridley City Code to reduce the rear yard setback for an accessory building on a corner lot from 30 feet to 20 feet, to allow the construction of a single family home and attached garage on Lot 15, Block 2, Riverwood Park, the same being 7100 Riverwood Drive N.E. MOTION by Ms. Savage, seconded by Dr. Vos, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BARNA DECLARED THE PUBLIC HEARING OPEN AT 8:35 P.M. Ms. Dacy stated this property is located in the northwest corner of the intersection of Riverwood Drive and 71st Avenue. The property is zoned R-1, Single Family Dwelling, and is surrounded by R-1, Single Family. This site was the subject of a variance in 1986 where the Appeals Commission and City Council approved a front yard setback variance from Riverwood Drive from 35 ft. to 17.5 ft., and a rear yard setback variance from 30 ft. to 17.5 ft. In the previous application, the house was much larger and faced 71st Way, rather than Riverwood Drive. That variance lapsed because the house was not constructed within the one year timeframe. Ms. Dacy stated the current petitioner's request is for a 10 ft. rear yard variance from 30 ft. to 20 ft. The petitioner, in contrast to the original application in 1986, has conformed to a majority of the building setbacks except for 10 ft. of the garage. There could be some rearrangement in the house design so the entire garage could be within the buildable area. The portion of the structure between the garage and main part of the house is the family room. The design of the structure is very similar to the current petitioner's home (copy of petitioner's home in agenda). Ms. Dacy stated that because there are available areas on the lot to meet the ordinance requirement, staff is recommending denial of the variance request. Ms. Dacy stated that one of the stipulations on the 1986 variance was that the home to the north of this lot be constructed 20 ft. from the north lot line. Because the variance application lapsed, a permit has been issued for a home on the lot to the north that meets the current 10 ft. setback. Staff feels the 10 ft. setback on the petitioner's lot plus the remaining 10 ft. on the lot to the north still maintains a 20 ft. separation between the two buildings. It is staff's interpretation that the issue from 1986 has been resolved. Mr. O. B. Zachmann stated he has looked for a lot in Fridley for about five years. He was very happy to find this lot. He stated APPEALS COMMISSION MEETING. SEPTEMBER 19. 1989' - PAGE 9 that as far as changing the design, the extension between the main part of the home and the garage is the family room. If it is placed any other place in the home, he will lose the cross ventilation and exposure to 71st Way, and will lose 75% of their living area. He would be looking at somebody else's back yard. He would like to bring the house closer to 71st Way without a variance. Mr. LeRoy Schreifels, 7102 Riverwood Drive, stated he objects to this variance. It will be the only house on the block that will extend beyond the other houses. When they come out of the back of their house, they will be looking at the back of the petitioner's garage instead of a nice view down the block. He stated his house is one year old, and they have invested a considerable amount of money into their house. He stated he never would have built here if he had known this kind of variance would be considered, and he would never have bui�t if a home had been built with the 1986 variances. He state he suspected the reason the house was not rearranged differently to fit the lot was because of a clump of trees. He stated while it is a shame to ruin nice trees, it is also a shame to build a home beyond established setbacks. This is a new and fine subdivision, and there is no reason to grant variances when it is possible to build a house without a variance. He felt it will also reduce the value of the other new homes in the neighborhood. He also stated he did not think the 1986 variance had anything to do with this request. Mr. Barna stated if this was a detached garage, where could it be placed in the rear yard without a variance? Ms. Dacy stated if the garage was detached from the principal building, the only major requirement would be a 25 ft. setback from 71st Way. The garage could be located 3 ft. from the north and rear lot lines. Mr. Schreifels stated it was unfortunate that the homes in this subdivision were not built with some private restrictions. This home will be the only one that will not conform with the other homes. Mr. Larry Besser, 7104 Riverwood Drive, stated this corner lot has been badly mutilated. The contour of the lot is a depression. The lot immediately to the north is at one level, and there is perhaps a 10 ft. drop to Mr. Zachmann's lot. If a house is constructed on the lot as it exists today, the contour of the land would be very erratic and very unpleasing to look at. Mr. Besser stated the buildings in this area are pretty expensive homes. He would urge for the maintenance of homes with property values equal to the homes in the area. Mr. Besser stated that regarding the rear yard setback, he feels the proposed garage is going to be detrimental to the atmosphere APPEALS COMMISSION MEETING,_ SEPTEMBER 19. 1989 - PAGE 10 of the neighborhood. There are three existing houses all with the same rear yard setbacks, and he thought this proposed garage would not look pleasing at all. He stated Mr. Zachmann has been very good to explain his proposal to the neighbors, and he respected him for that; however, they object to the proposed plan. The Appeals Commission and City Council should bear in mind that the nature of the area is that of expensive homes of a certain style, and they should try to have all new homes conform. Mr. Zachmann stated he is aware of the land contour, and he has made plans for some kind of retaining wall to make it look better. The home he is building will conform with all the homes on 71st Way. Mr. Besser stated the lot should be filled and brought up to the grade of the other yards. A retaining wall is not a good solution. Mr. Schreifels stated that with a retaining wall, Mr. Zachmann's house will have a height of halfway up the first story of their two-story homes. Ms. Dacy stated the major concern is to ensure that drainage from both properties is taken care of properly. The petitioner will have to submit soil reports to ensure the subsoil will support a foundation. If the Appeals Commission recommends approval of this variance, staff recommends a stipulation that a detailed drainage plan be submitted to ensure that drainage between the two properties is taken care of. As far as the height of the proposed house, it will be within the required building heights. Mr. Schreifels stated'it is his understanding that the lot is low because at the time of the 1986 variance, the lot was excavated for a basement. When the house was not constructed, the City never required the owner to restore the lot to its original height. Ms. Dacy stated that can be looked at and evaluated no matter what action is taken at this meeting. She would like the Building Inspector and someone from the Engineering Department to make an inspection and work with the petitioner and the builder on the best grade and final elevation of the structure. MOTION by Ms. Savage, seconded by Mr. Kuechle, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BARNA DECLARED THE PUBLIC HEARING CLOSED AT 9:05 P.M. Mr. Barna stated he voted in favor of the original variance in 1986, because it was a new plat and they had put a stipulation on future development on the lot to the north. However, in this particular instance, he did not agree with the rear yard variance because there are other alternatives where the house and garage APPEALS COMMISSION MEETING, SEPTEMBER 19. 1989 - PAGE 11 can be constructed without any variances. Even with the proposed house plan, the garage could be detached, and there would be no need for a variance. Also, because of the history of the development in the area, he would have to vote against this variance. Dr. Vos stated he is also opposed to the variance. There are quite a few different ways the house and garage could fit on the lot that could satisfy the petitioner and the neighbors. He did not see any hardship that made it necessary to encroach 10 ft. into the rear yard setback. Ms. Savage agreed with Mr. Barna and Dr. Vos. She hoped the petitioner and the neighbors can work together and find a solution. Mr. Kuechle stated he is also in general agreement with what has been said. A variance should not be needed in a new plat like this. He was sympathetic to the petitioner; however, he felt there is someway the house can fit on the lot without a variance. He would vote against the variance. MOTION by Dr. Vos, seconded by Ms. Savage, to recommend to City Council denial of variance request, VAR #89-23, by O. B. Zachmann, pursuant to Section 205.07.03.D.(3).(a) of the Fridley City Code to reduce the rear yard setback for an accessory building on a corner lot from 30 feet to 20 feet, to allow the construction of a single family home and attached garage on Lot 15, Block 2, Riverwood Park, the same being 7100 Riverwood Drive N.E. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BARNA DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Barna stated this item will go to City Council on October 2, 1989. 4. INC.: Pursuant to Section 21 .11.02.(b) of the Fridley City Code to increase the total squaa footage of signage from 80 sq. ft. to 220 sq. ft. (2 price 'gns at 110 sq. ft. each), on Lot 1, Block 1, Commerce Park, th same being 7600 University Avenue N.E. MOTION by Ms. Savage, seconded by hearing. UPON A VOICE VOTE, ALL VOTING AYE, PUBLIC HEARING OPEN AT 9:13 P.M. . Kuechle, to open the public Ms. McPherson stated the old Jet Mart Stat( by Conoco, Inc. The property is zoned C-2, maximum allowable square footage for a free - BARNA DECLARED THE is being refurbished neral Business. The ending sign is 8o sq. ft. Conoco, Inc., is requ sting an increase in the allowable sign area for two free-standin signs, one on the University Avenue frontage and one on the Osb me Road frontage, at 110 sq. ft. each. Ms. McPherson stated the pe itioner is also proposing to replace the existing diesel signs wit Conoco onoco logo on the canopies over the pump islands. That is not a part of the variance. In addition, they are remodeling and repainting the exterior of the existing building. Conoco has removed the existing facia, and at this point, do not have any pl ns to utilize that wall space for additional signage. Staff sta es that the petitioner could use this wall space for additional s are footage of signage, and that this particular parcel is simila to other loopback parcels in the City that have similar uses, ar zoned similarly, and have been limited to the one 80 sq. ft. ign. In staff's opinion, the petitioner does not any specialc ndition that creates a hardship for the petitioner as they have oth r alternatives to place signage on the building as allowed under t e Sign Code. For that reason, staff is recommending denial of thi variance. Ms. Connie Lutton, District Manager for Conoco, Inc., stated she represents the Fridley area. She st ted Conoco, in its reimaging program, has eliminated the bright yel ow color and has restricted all signage on the facia. Unfortun tely, Fridley's sign code varies from Conoco's new image. She stated there will be one Conoco emblem per canopy. Ms. Lutton stated that when they are remodeling, the station will lose some o it will not stand out as it did with the of that, they will lose some of their cu they need two signs so that they will be v University Avenue and Osborne Road. There sign so that the logo and price of gas roadways. mpletely done with the its recognition because bright yellow. Because tomer base. She stated ible to traffic on both Ino way of angling one a be visible from both Ms. McPherson stated staff has discussed wit the petitioner that they must modify the existing site plan to al ow the sign to meet the required 10 ft. setback from Osborne Road. They will be adding additional green area and moving the sign to co ly with the 10 ft. setback from Osborne Road. MOTION by Dr. Vos, seconded by Mr. Kuechle, to lose the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BAINA DECLARED THE PUBLIC HEARING CLOSED AT 9:26 P.M. Ms. Savage stated she is glad to hear that they llow color is going. She thought that yellow station was one of the worst eyesores on University Avenue. She stated she feels ery strongly about signs, and that excessive signs, like billboard , are visual Mailing Date: 9/8/,83 MAILING LIST FOR VAR # 89-23 7100 %,vexwood Drive N.E. City Council Members LeRoy Schre%fels Robert Sebastian City Manager 7102 Riverwood. Drive 151 71st Way N.E. Fridley, NN 55432 Fridley, NN 55432 Alex Barna, Chairperson Appeals Canmission 560 Hugo Street N.E. Riverwood Associates Douglas Hermanson Fridley, 181 - 71st'Way N.E. 180 �- 71st Way N.E. Fridley, NN 55432 Fridley, NN 55432 0. B. 2achmann. No. �'� Olson Bruce Nelson 4229 Oliver Avenue No. Minneapolis, Avenue 5 . 7145 Riverview Terrace 168 e- 71st Way N.E. Fridley, NN 55432 Fridley, NN 55432 Riverwood Associates Donovan Mnery Nita Robbin 430 Oak.Grove Street 7131 Riverview Terrace 158 - 71st 'gay N.E. Minneapolis, NN 55403 Fridley, NN 55432 Fridley, NN 55432 Conrad Rowe 7138 Riverview Terrace. Dennis Scheller Leo Bender Fridley, NN 55432 7121 Riverview Terrace 146 -- 71st Way N.E. Fridley, NN 55432 Fridley, M 55432 Roger Claesgens Terrace Terr 7130 Riverview Pepto �aY- Thomas Swanson Fridley, ry 5Terr 7105 Riverview Terrace 184 - 71st Way N.E. Fridley, NN 55432 Fridley, M 55432 Larry Johnson 7120 Riverview Terrace. Larson Allen Rolland Fridley, NN 55432 7121 Riverwood Drive 188 - 71st Way N.F. Fridley, NN 55432 Fridley, NN 55432 Richard Jansen James Felton Howard Crabtree 7106 Riverwood Drive 7115 Riverwood Drive 7100 Riverview Terrace Fridley, AST 55432 Fridley, NN 55432 Fridley, NN 55432 Lawrence Besser Brandon Construction Inc. William May 7104 Riverwood Drive 311 Sunrise lane 7110 RiverviEa Terrace Fridley, NN 55432 Champlin, NN 55316 Fridley, NN 55432 • 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, September 19, 1989, at 7:30 p.m. for the purpose of: Consideration of a variance request, VAR #89- 23, by O. B. Zachmann, pursuant to Section 205.07.03.D.(2).(c).(2) of the Fridley City Code to reduce the side yard setback for an accessory building on a corner lot from 30 feet to 20 feet, to allow the construction of a single family home and attached garage on Lot 15, Block 2, Riverwood Park, the same being 7100 Riverwood Drive N.E., Fridley, MN, 55432. Any and all persons desiring to be heard shall be given the opportunity at the above stated time and place. ALEX BARNA CHAIRPERSON APPEALS COMMISSION Note: The Appeals Commission will have the final action on this request unless there are objections from surrounding neighbors, the City Staff, or the petitioner does not agree with the Commission's decision. If any of these events occur, the request will continue to the City Council through the Planning Commission with only a recommendation from the Appeals Commission. Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. COMMISSION APPLICATION REVIEW FILE NUMBER FILE DATE MEETm DATE FILE DESCRIPTION vAR #89-23 CITYOF 49 9-1-89 9-19-89 7100 Rivezwood. Drive FRlDLEY COMPLETE REVIEW CHECKLIST AND RETURN TO PLANNING DEPT. COMMENTS ❑ BARB D. 4MICHELE M. TO RKHN F. �, y ❑ DARREL C. �S OLYDE M. ffLEON M. JIM H. y<�� BOB A. FUY y e� �! • � � y d e We the undersigned, adjacent residents to 71st & Riverwood, have reviewed O.B. Zachmann's plans for a home on this site. Which requires his garage to be 20' from the west lot line, instead of the required 351. NO OBJECTION NAME ADDRESS PHONE 3RR OBJECTION NAME ADDRESS PHONE 7/ Q�x sZ iJ�,t,ts�aDoA/ee- OBJECTION NAME ADDRESS PHONE ® o---C.lTY,,0F FRIDLEY _6431 UNIVERSITY AVE FRIDLEY, UN 56432 (612) 571-3450 VARIAN( 'REQUEST FORM VARIANCE # VARIANCE FEE -.-tom-.- RECEIPT #-f�"' SCHEDULED APPEALS MEETING DATE PROPERTY INFORMATION � PROPERTY ADDRESS ® 0fy� j IS o, ®ig /� A LEGAL DESCRIPTION: LOT / J BLOCK ®`° TRACT/ADDITION ®��® a PRESENT ZONING VARIANCE MUEST(S): Attach a plat or survey of the property showing building, variance(s), where applicable. i Garage will be 201 from we$t lot line, instead of the required ,34 59D Section of the Code: List specific hardship(s) which require the variance(s): I must have a rambler style home, as I have diffculty walking steps, due to being afflicted with osteoarthritis. FEE OWNER INFORMATION NAME (please print) 1 ` i �f -�� ° ��5 ��*�e� PHONE 2 ;�-1 Sr ADDRESS 'l 3 D (5 -'- SIGNATURE1/L'►� f'�l J`cc�`'-- DATE - j/ #Note #f;##"###°##''ff*s�i#�f####### PETITIONER INFORMATIONS NAME (please print) r 4C11 41 PHONE ADDRESS 4� -�2 5 V, SIGNATURE 4 DATE ################################################################################## APPEALS COMMISSION: APPROVED DENIED DATE CITY COUNCIL: APPROVED DENIED DATE STIPULATIONS: G 1 I The petitioner hereby understands that: 1. The City will notify all residents and owners of property within 200 feet of said property. 2. This application must be signed by all owners of the property, or an explanation given why this is not the case. 3. Materaial for submission of a variance include: * Scaled plan showing proposed property and/or buildings if applicable. Three full suzed copies and legible 8 1/2" x 11" reduction. * Scaled preliminary (or final) landscape plan showing location of existing vegetation to be saved and locations of new plant material. Species, species name (common or botanical), and condition of root (i.e. bared, balled and burlapped, etc). Three full size copies and legible 8 1/2" x 1'1" reduction. * Scaled preliminary (or final) grading and drainage plan showing existing and propoed contours, detention/retention ponds, drainage swales, weirs, weir details, and run off quantities. Three full size copies and legible 8 1/2" x 11" reduction. * Floor plans, full size and 8 1/2" x 11" reduction. * Building elevations, full size and 8 1/2" x 11" reduction. * Perspective shwoing how the proposal potentially looks in the surrounding area, full size and 8 1/2" x 11" reduction. VAR #89-23 0. B. Zachmann SEC. /O, T. 30, R. ?4 C/TY OF FRIDLEY 8 ,a E //I .69 y LOGAN M1 .. tI Zo, E 1/►7 11) 19 I) tl.'. :J Ji7 w W .° •, b ° .�..,_ d7 .•yL •. if.� G t t r AllLa -J.0 W0016 .��. - F J 2�.�..�` 9 ...w,�. •� .,,w QED°J •.+• •�•,. '. I ;I; • � . R/l�£R- k`.�' _� 4• ti/ ° 1 a �Q t. H I� 1 - i•/ is , J p •♦ .o��'.'. II I,i�`I wo0�' :rqvLKwooami 15 D ; a r s avYt;i/i; x t IMA , IS°1 _.yD .•�� y � •�/' Z 9' I /O' f/�„; � .� ` �/ �. ,' � o y 9 +i ss � �_. 1- �) 4R/ £R 00l .. MAN ° Je y 's J +. • �. �' I d 9 I R N S NI N) TER ACE 'tea AWDt�TaRS+. 10 01 .._.—� �_ �tri�-ate•- �— -� �` /l .:�� i0 •� .v,. I i r'--ter;-�-�---�• II y r, .";t •.'” •b••__" 'n 'v•_ .� ---+J L--�1 i r; ..: y.•%'.(tom). ° ''y ' :.F' RL$ ..,:L= MC 1 69 Mt M4►Y 'N E. w 't D v... O AK1 ED 18; LOCATION MAP ro-'w VAR #89-23 J. B. Zachmann NN w ZONING MAP ��m VAR #89-23 0. B. Zachmann SITE PLAN I, O.B. Zachmann, intend to maintain a quality residence, as proof I offer these pictures of my present residence for the past 15 years, located at 4229 Oliver:,N. VAR #89-23 0. B. Zachmann 300 3l"ttzq Qncrna�3nlz J► MAPOR 'Mir VAR #89-23 CERM, CATE OF SURVE B. Zachmann 3PP FOR L -AN a KURTH SURVEYING INC. IHEREBY CERTIFY THAT TNIS SURVEY, PLAN. OR REPORT WAS PREPARED 4002 JEFFERSON STREET N.E. BY ME OR UNDER MYOIRECT SUPERVISION AND THAT I AMA DULY COLUMBIA HEIGHTS MINNESOTA 88421 7�z= UNDERT L FT STATE OF MINNESOTA. 812-788w>1785 DATE �'�'� SCALE 1"- MINNESOTA REGISTR N NO. OomIRON MONUMENT F 0 .O �lssur-�L , c�1 a1• 1 So•o_r ccr 0 zap. 3•E- sa(,sod O X=L4-7i-1 o U` o J po r- 0 0 to"�- CA +o .. .O �lssur-�L , c�1 a1• 1 So•o_r ccr 0 zap. 3•E- O o U` o J po r- 0 0 O 7 PROPOSE, 2,0 e 2S Is a: lo3.2-7 WAY 00017,1\,Q) O ❑I U IV I O O ❑I U IV I