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VAR 98-14STATE OF MINNESOTA COUNTY OF ANOKA CITY OF FRIDLEY In the Matter of: a variance, VAR #98-14 Owner: James R. Felton and Diane K. Felton /0-30 0L97( APPEALS COMMISSION PROCEEDINGS VARIANCE The above entitled matter came before the Appeals Commission of the City of Fridley and was heard on the 13th day of May, 1998, on a petition for a variance pursuant to the City of Fridley's Zoning Ordinance, for the following described property: To reduce the side yard setback on a comer lot from 17.5 feet to 10 feet to allow the construction of an accessory structure (in -ground pool) on Lot 4, Block 3, Riverwood Park, generally located at 7115 Riverwood Drive N.E. IT IS ORDERED that a variance be granted as upon the following conditions or reasons: Approved with no stipulations. See Appeals Commission minutes dated May 13, 1998. STATE OF MINNESOTA COUNTY OF ANOKA CITY OF FRIDLEY OFFICE OF THE CITY CLERK I, Debra A. Skogen, City Clerk for the City of Fridley, with and in for said City of Fridley, do hereby certify that 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 h ve hereunto subscribed my hand at the City of Fridley, Minnesota, in the County of Anoka on the 4 day of �AiiaL , 19 -VL. DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 Debra A. Skogen, City Cler w EAL Variances are valid for a period of one year following approval and shall be considered void if not used within that period. APPEALS COMMISSIONMEETING, MAY 13, 1998 PAGE 21 Mr. Jones asked, if the Commission qoes that, are these waivers that are granted tied to the property and would they be tied to both properties? Mr. Tatting stated, yes. It would be likk the existing agreement. That agreement would still be in effect so that original agreem nt would also have to be changed. That is done between Target and the property owne . Dr. Vos stated that in fairness to the r possible their intent in the motion and MOTION by Ms. Mau, seconded by Dr. UPON A VOICE VOTE, ALL VOTING Al THE MOTION CARRIED UNANIMOUSL mer, the Commission should have as clear as in the discussion. Ms. Beaulieu stated she would amend the language that to either comply with the exi those building codes. to rescind the previous motion. CHAIRPERSON KUECHLE DECLARED m to clarify the motion and add the state building codes or get a waiver of MOTION by Ms. Beaulieu, seconded by Ms. ' au, to recommend approval of Variance Request, VAR #98-13, by Northco Corporatio , to reduce the side yard setback from 20 feet to 5.4 feet to allow the enclosure of an e4ting loading dock on Lot 1, Block 1, Northco Business Park 5th Addition, generally ocated at 494 Northco Drive, with the following stipulation: 1. The structure shall meet the State of those building codes. UPON A VOICE VOTE, ALL VOTING AYE, THE MOTION CARRIED UNANIMOUSLY. codes or the State shall grant a waiver RSON KUECHLE DECLARED 4. PUBLIC HEARING: CONSIDERATION OF VARIANCE REQUEST VAR #98-14 BY JAMES & DIANE FELTON: Per Section 205.07.03.d.(2).(c).((1)) of the Fridley Zoning Code, to reduce the side yard setback on a comer lot from 17.5 feet to 10 feet to allow the construction of an accessory structure (in -ground pool) on Lot 4, Block 3, Riverwood Park, generally located at 7115 Riverwood Drive. MOTION by Ms. Beaulieu, seconded by Ms. Mau, to waive the reading of the public hearing notice and to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 9:23 P.M. APPEALS COMMISSIONMEETING, MAY 13, 1998 PAGE 22 Mr. Tatting stated the variance request is to reduce the side yard setback from 17.5 feet to 10 feet to allow the construction of a 32 foot x 16 foot in -ground pool and a concrete deck 10 feet from the right-of-way. The code requires a minimum of 17.5 feet from the street side of a comer lot. A 10 -foot drainage and utility easement exists on the property adjacent to the right-of-way. The pool and concrete deck would not be placed in the easement. Mr. Tatting stated the petitioner's hardship statement indicated the pool will be an in - ground pool with a required 6 -foot fence to surround it. The fence is proposed to be placed up to the property line to screen the pool. This will not alter the sight lines for the neighborhood. By placing the pool at the west side of the property, it is in a position to allow it to be better secured from the entry from the house because it would not be directly in front of doors leading from the house thereby making is safer for their children. Established landscaping could be saved including two tress of significant size. By placing the pool farther west, it will be more removed from surrounding neighbors and cause less disturbance to them. Mr. Tatting stated the property is zoned R-1, Single Family, as are the surrounding parcels. A building permit was issued for construction of the house and garage in 1988. The house measures 43 feet x 35 feet and the garage is 24 feet x 22 feet. The pool measures 16 feet x 32 feet giving a total lot coverage of 21.7%. The_. maximum allowable lot coverage is 25%. Mr. Tatting stated the pool would not be located in the drainage and utility easement but very near it. Excavation in the easement could cause damage to the pool, but there are no City utilities in this easement area. The utilities are in the center of Riverwood Drive. He reviewed the site plan including the easement area. Ms. Beaulieu asked that if it was not on a comer, how far would it have to be? Mr. Tatting stated the structure itself would then have to be at five feet. If there was an easement area there, they could not build in the easement but could build up to it. Mr. Jones asked if the fence would be placed on the property line. Mr. Tatting stated, yes. There is a stipulation about comer lots and how high a fence can be on the comer. The fencing can be six feet high in the location proposed. Previous similar variances have been granted --one for a shed and another for the reconstruction of a garage. This variance is a bit different from other comer lots that he looked up. Previous variances have been for buildings. This request is for a pool. Mr. Tatting stated staff has no recommendation regarding this request due to the fact that it is within previously granted variances. APPEALS COMM ISS IONMEETING, MAY 13, 1998 PAGE 23 Mr. Felton stated the intent of the setback requirement is to create uniform site lines in the neighborhood. The pool is in -ground so it does not affect the sight lines. It does have a 6 -foot fence around it which will prevent people from seeing it. If the pool is in place, the fence must be there. The slope of the yard from the edge of the garage is a 1:3 slope. They could push the pool to the required 17.5 feet but that creates a large area on the west of the pool that becomes unusable for yard activities. By getting it closer to the drainage and utility easement, it gives them more usable yard and keeps the value of the property up. With the plans showing all the other lots, this puts the pool farther away from the other neighbors and creates less disturbance. The intent is to put a separate fence between the pool and the rest of the yard so they can have the rest of the yard for children to play. Mr. Felton stated that regarding the concern about the damage that could occur if digging were to happen in the easement area, the utility, sanitary sewer, and water are all out in the street. The only things in that easement are the electrical lines, cable television, and gas lines which are very shallow. The pool does not differ in foundation from a conventional structure. The walls are approximately 3 feet down and there are footings. Riverwood Drive is one block and turns and goes east. It is not a main thoroughfare so they don't see a lot of activity. He does not see a lot of damage from digging at that point. He did not foresee any digging happening in the future. They are also out beyond the easement and that is the limit of their digging. Dr. Vos asked if the petitioner had any comments from the neighbors. Mr. Felton stated he had talked to all the neighbors and answered their questions. There was no resistance to the plan. MOTION by Dr. Vos, seconded by Ms. Beaulieu, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 9:35 P.M. Ms. Mau stated she did not see that they were moving toward the easement far enough that it would be a major issue. She has no problem with the request. Dr. Vos stated the request has nothing to do with the easement and that is not a part of the variance request. He is not crazy about giving a variance when there is no hardship. He does not see a hardship at all. They could move the pool 7.5 feet. Since it is in - ground and has a fence that is 6 feet, no one would know there is a pool at 10 feet rather than 17.5 feet. If it was a big structure like a garage, he would be more reluctant. He would vote reluctantly in favor of the request. Mr. Kuechle concurred. The request meets the spirit of the requirements. The 17.5 feet is for sight lines and visibility around comers so that cars can make turns. This does not APPEALS COMM ISS IONMEETING, MAY 13, 1998 PAGE 24 have any impact on those issues. While he concurs that there is not a severe hardship, the request also has minimal impact. Ms. Beaulieu agreed. MOTION by Dr. Vos, seconded by Ms. Beaulieu, to recommend approval of Variance Request, VAR #98-14, by James and Diane Felton, to reduce the side yard setback on a comer lot from 17.5 feet to 10 feet to allow the construction of an accessory structure (in - ground pool) on Lot 4, Block 3, Riverwood Park, generally located at 7115 Riverwood Drive. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. 5. BY MENARD. INC.: Per Section 205.11.05 of the ridley Sign Code, to allow an increase in the maximum size of wall signage n Lots 9 and 11, Auditor's Subdivision No. 94, generally located at 5351 Cent I Avenue. MOTION by Mr. Jones, seconded by hearing notice and to open the public UPON A VOICE VOTE, ALL VOTING A THE MOTION CARRIED AND THE PUE Beaulieu, to waive the reading of the public CHAIRPERSON KUECHLE DECLARED HEARING OPEN AT 9:38 P.M. Mr. Hickok stated the variance request is fo two sign variances for Menards, Inc. One variance is to allow an additional 119.5 squa a feet of permanent signage. The second variance would allow two permanent banners - each 45 square feet - to be placed on the front of the Menards store. The code limits w I signs to a maximum of 15 times the square root of the wall length where the sign is to be placed. Originally, Menards had requested an additional variance for signs alon the north face of the building. They worked with staff and the maximum allowances nd eliminated the need for that variance. Mr. Hickok stated the property is zoned C-3, G a mix of other C-3, General Shopping Center, Multiple Family units. It is located at a primary Mr. Hickok stated that although there have been mai signs, no building sign variances have been granted business or businesses with similar site conditions a variance is granted in this case. Staff recommends unique hardship and a favorable series of sight lines most visible intersections in the City. I Shopping Center. Around the site is R-1, Single Family; and some R-3, ection,1-694 and Highway 65. variance requests for larger pylon the City. Further, competing feel the need to compete if the i"al of the variance. There is no r his site. It is possibly one of the ABSTRACT Receipt #31ogo 9.9) ❑ Certified Copy Date/TIme: 315' 1.w / Date Mailed Doc. Order �_ of ❑ Tax Liens / Releases. ❑ Multi -Co Doc Tax Pd ✓ by: Pins: 20L Recordability / Delgs: ❑ Transfer ❑ New Desc. nnq Filing Fees: `1. JL_l ❑ Division ❑ GAC Well Certificate ❑ Status ❑ Def. Spec Received this Date: Anoka County Recorder ❑ Other ZNo Change I Notes: DOCUMENT N0. 1412 917.0 ABSTRACT ANOKA COUNTY MINNESOTA I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS FILED IN THIS OFFICE FOR RECORD ON MAR 0 5 19 9 9 AT 5:00 PM AND WAS DULY RECORDED. FEES AND TAXES IN THE AMOUNT OF $19.50 PAID RECEIPT NO. I Q Q 9 0 310 9 0 EDWARD M. PrEAX ANOKA COUNTY PROPERTY TAX ADMINISTRATOR/RECORDER/REGISTRAR OF TITLES JAE BY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 • (612) 571-3450 • FAX (612) 571-1287 APPEALS COMMISSION ACTION TAKEN NOTICE James & Diane Felton 7115 Riverwood Drive Fridley, MN 55432 Dear Mr. and Mrs. Felton: May 18, 1998 On May 13, 1998, the Fridley Appeals Commission officially approved your request for a variance, VAR #98-14, to reduce the side yard setback on a comer lot from 17.5 feet to 10 feet to allow the construction of an accessory structure (in -ground pool), generally located at 7115 Riverwood Drive. You have one year from the date of the Appeals Commission action to initiate construction. If you cannot begin construction during this 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, Paul Ta i g Planning Assistant PT:ls Please review the above action, sign below, and return the original to the City of Fridley Planning Department by June 1, 1998. o ur with action taken. APPEALS COMM ISSIONMEETING, MAY 13, 1998 PAGE 21 Mr. Jones asked, if the Co mission does that, are these waivers that are granted tied to the property and would they a tied to both properties? Mr. Tatting stated, yes.It wo d be like the existing agreement. That agreement would still be in effect so that original greement would also have to be changed. That is done between Target and the prope owner. Dr. Vos stated that in fairness to a petitioner, the Commission should have as clear as possible their intent in the motion nd not in the discussion. MOTION by Ms. Mau, seconded bADr. Vos, to rescind the.previous motion. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMO SLY. Ms. Beaulieu stated she would amend a motion to clarify the motion and add the language that to either comply with the Ayisting state building codes or get a waiver of those building codes. MOTION by Ms. Beaulieu, seconded by . Mau, to recommend approval of Variance Request, VAR #98-13, by Northco Corpora ion, to reduce the side yard setback from 20 feet to 5.4 feet to allow the enclosure of an isting loading dock on Lot 1, Block 1, Northco Business Park 5th Addition, general located at 494 Northco Drive, with the following stipulation: 1, The structure shall meet the State build of those building codes. UPON A VOICE VOTE, ALL VOTING AYE, THE MOTION CARRIED UNANIMOUSLY. codes or the State shall grant a waiver RPERSON KUECHLE DECLARED 4. PUBLIC HEARING: CONSIDERATION OF VARIANCE REQUEST VAR #98-14.' BY JAMES & DIANE FELTON: Per Section 205.07.03.d.(2).(c).((1)) of the Fridley Zoning Code, to reduce the side yard setback on a comer lot from 17.5 feet to 10 feet to allow the construction of an accessory structure (in -ground pool) on Lot 4, Block 3, Riverwood Park, generally located at 7115 Riverwood Drive. MOTION by Ms. Beaulieu, seconded by Ms. Mau, to waive the reading of the public hearing notice and to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 9:23 P.M. APPEALS COMMISSIONMEETING, MAY 13, 1998 PAGE 22 Mr. Tatting stated the variance request is to reduce the side yard setback from 17.5 feet to 10 feet to allow the construction of a 32 foot x 16 foot in -ground pool and a concrete deck 10 feet from the right-of-way. The code requires a minimum of 17.5 feet from the street side of a comer lot. A 10 -foot drainage and utility easement exists on the property adjacent to the right-of-way. The pool and concrete deck would not be placed in the easement. Mr. Tatting stated the petitioner's hardship statement indicated the pool will be an in - ground pool with a required 6 -foot fence to surround it. The fence is proposed to be placed up to the property line to screen the pool. This will not alter the sight lines for the neighborhood. By placing the pool at the west side of the property, it is in a position to allow it to be better secured from the entry from the house because it would not be directly in front of doors leading from the house thereby making is safer for their children. Established landscaping could be saved including two tress of significant size. By placing the pool farther west, it will be more removed from surrounding neighbors and cause less disturbance to them. Mr. Tatting stated the property is zoned R-1, Single Family, as are the surrounding parcels. A building permit was issued for construction of the house and garage in 1988. The house measures 43 feet x 35 feet and the garage is 24 feet x 22 feet. The pool measures 16 feet x 32 feet giving a total lot coverage of 21.7%. The maximum allowable lot coverage is 25%. Mr. Tatting stated the pool would not be located in the drainage and utility easement but very near it. Excavation in the easement could cause damage to the pool, but there are no City utilities in this easement area. The utilities are in the center of Riverwood Drive. He reviewed the site plan including the easement area. Ms. Beaulieu asked that if it was not on a comer, how far would it have to be? Mr. Tatting stated the structure itself would then have to be at five feet. If there was an easement area there, they could not build in the easement but could build up to it. Mr. Jones asked if the fence would be placed on the property line. Mr. Tatting stated, yes. There is a stipulation about comer lots and how high a fence can be on the comer. The fencing can be six feet high in the location proposed. Previous similar variances have been granted—one for a shed and another for the reconstruction of a garage. This variance is a bit different from other comer lots that he looked up. Previous variances have been for buildings. This request is for a pool. Mr. Tatting stated staff has no recommendation regarding this request due to the fact that it is within previously granted variances. APPEALS COMM ISSIONMEETING, MAY 13, 1998 PAGE 24 have any impact on those issues. While he concurs that there is not a severe hardship, the request also has minimal impact. Ms. Beaulieu agreed. MOTION by Dr. Vos, seconded by Ms. Beaulieu, to recommend approval of Variance Request, VAR #98-14, by James and Diane Felton, to reduce the side yard setback on a comer lot from 17.5 feet to 10 feet to allow the construction of an accessory structure (in - ground pool) on Lot 4, Block 3, Riverwood Park, generally located at 7115 Riverwood Drive. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. 5. BY MENARD. INC.: Per Section 205.11.05 of the Fridle Sign Code, to allow an increase in the maximum size of wall signage on Lot 9 and 11, Auditor's Subdivision No. 94, generally located at 5351 Central Ave ue. MOTION by Mr. Jones, seconded by Ms. Beauu, to waive the reading of the public hearing notice'and to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 9:38 P.M. Mr. Hickok stated the variance request is for two sign ari. variance is to allow an additional 119.5 square feet of rhimn variance would allow two permanent banners - each 45 c front of the Menards store. The code limits wall signs to square root of the wall length where the sign is to be place requested an additional variance for signs along the north worked with staff and the maximum allowances and elimir nces for Menards, Inc One ianent signage. The second uare feet - to be placed on the maximum of 15 times the d. Originally, Menards had ce of the building. They a d the need for that variance. Mr. Hickok stated the property is zoned C-3, General Shopl a mix of other C-3, General Shopping Center; some R-1, Si Multiple Family units. It is located at a primary intersection, Center. Around the site is Family; and some R-3, k and Highway 65. Mr. Hickok stated that although there have been many variance signs, no building sign variances have been granted by the City. business or businesses with similar site conditions may feel the r variance is granted in this case. Staff recommends denial of the unique hardship and a favorable series of sight lines for this site. most visible intersections in the City. uests for larger pylon F rther, competing ;e to compete if the Pari ce. There is no It is ossibly one of the APPEALS COMM ISSIONMEETING, MAY 13, 1998 PAGE 23 Mr. Felton stated the intent of the setback requirement is to create uniform site lines in the neighborhood. The pool is in -ground so it does not affect the sight lines. It does have a 6 -foot fence around it which will prevent people from seeing it. If the pool is in place, the fence must be there. The slope of the yard from the edge of the garage is a 1:3 slope. They could push the pool to the required 17.5 feet but that creates a large area on the west of the pool that becomes unusable for yard activities. By getting it closer to the drainage and utility easement, it gives them more usable yard and keeps the value of the property up. With the plans showing all the other lots, this puts the pool farther away from the other neighbors and creates less disturbance. The intent is to put a separate fence between the pool and the rest of the yard so they can have the rest of the yard for children to play. Mr. Felton stated that regarding the concern about the damage that could occur if digging were to happen in the easement area, the utility, sanitary sewer, and water are all out in the street. The only things in that easement are the electrical lines, cable television, and gas lines which are very shallow. The pool does not differ in foundation from a conventional structure. The walls are approximately 3 feet down and there are footings. Riverwood Drive is one block and turns and goes east. It is not a main thoroughfare so they don't see a lot of activity. He does not see a lot of damage from digging at that point. He did not foresee any digging happening in the future. They are also out beyond the easement and that is the limit of their digging. Dr. Vos asked if the petitioner had any comments from the neighbors. Mr. Felton stated he had talked to all the neighbors and answered their questions. There was no resistance to the plan. MOTION by Dr. Vos, seconded by Ms. Beaulieu, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 9:35 P.M. Ms. Mau stated she did not see that they were moving toward the easement far enough that it would be a major issue. She has no problem with the request. Dr. Vos stated the request has nothing to do with the easement and that is not a part of the variance request. He is not crazy about giving a variance when there is no hardship. He does not see a hardship at all. They could move the pool 7.5 feet. Since it is in - ground and has a fence that is 6 feet, no one would know there is a pool at 10 feet rather than 17.5 feet. If it was a big structure like a garage, he would be more reluctant. He would vote reluctantly in favor of the request. Mr. Kuechle concurred. The request meets the spirit of the requirements. The 17.5 feet is for sight lines and visibility around comers so that cars can make turns. This does not Side Yard setback Variance, 7115 Riverwood Drive NE DESCRIPTION OF REQUEST: James and Diane Felton are requesting a variance to allow the reduction of the side yard setback of a corner lot from 17.5 feet to 10 feet. The variance will allow the petitioners to build a 32 foot by 16 foot inground pool and the accompanying concrete pool deck 10 feet from the right-of-way of Riverwood Drive. A six foot fence will surround the pool area. HARDSHIP STATEMENT: The Felton's listed the following reasons for requesting the variance: ■ The pool will bean inground pool and a 6' fence is required to surround the pool. The fence will be placed up to the property line and, therefore, the pool will be screened and will not alter the sightlines of the neighborhood. ■ By placing the pool at the west side of the property, it is in a position that will allow it to be better secured from entry from the house because it would not be directly in front of doors leading from the house, thereby making it safer for our children. ■ Established landscaping could be saved including two tree that are ofsignificant size. ■ By placing the pool farther west, it will be more removed from surrounding neighbors causing less disturbance to them from all operations of the pool. SUMMARY OF ISSUES: Section 205.07.03.e.(2c(1)) of the Fridley Zoning Code requires structures to be a minimum of 17.5 feet from the street side of a comer lot. A ten foot drainage utility easement exists on the property adjacent to the right-of-way; the pool and the concrete deck would not be placed in the easement. PREVIOUS COMPARABLE VARIANCES GRANTED: This request is comparable to a variance granted for: William and Belinda Lamusga, 195 Hugo Street NE (October '97). The corner lot side yard setback was reduced to 6.5 feet for a 10' by 14' shed, and Anthony Swanson, 6601 Lucia Lane NE (Jan.'96). The comer lot side yard setback was reduced to 0.5 feet to allow the reconstruction of a garage. RECOMMENDED ACTIONS: Staff has no recommendation due to the fact that this request is within a previously granted dimension. Staff Report: VAR #98-12 7115 Riverwood Dr. NE Page 2 PROJECT DETAILS Petition For: James and Diane Felton are requesting a variance to allow the reduction of the side yard setback of a comer lot from 17.5 feet to 10 feet. The variance will allow the petitioners to build a 32 foot by 16 foot inground pool and the accompanying concrete pool deck 10 feet from the right-of-way of Riverwood Drive. A six foot fence will surround the pool area. Location of Property: 7155 Riverwood Drive NE Legal Description of Property: Lot 4, Block 3, Riverwood Park Lot Size: 10,300 sq. ft. Topography: Flat Existing Vegetation: Typical Suburban Existing Zoning/Platting: R-1, Single Family; Riverwood Park Availability of Municipal Utilities: Connected Vehicular Access: From Riverwood Drive Pedestrian Access: From Riverwood Drive Site Planning Issues: Distance from the right-of-way, size of pool Comprehensive Planning Issues: Zoning and the Comprehensive Plan are consistent in this location. Public Hearing Comments: To be taken. 2 Staff Report: VAR #98-12 7115 Riverwood Dr. NE Page 3 DEVELOPMENT SITE James and Diane Felton are requesting a variance to allow the reduction of the side yard setback of a corner lot from 17.5 feet to 10 feet. The variance will allow the petitioners to build a 32 foot by 16 foot inground pool and the accompanying concrete pool deck 10 feet from the right-of-way of Riverwood Drive. A six foot fence will surround the pool area. The subject parcel is located on Riverwood Drive north of 71st Way, where the road turns to go east. The front of the property faces north, as do the house and the attached garage. The building permit for the house and garage was issued in 1988. The house is approximately 43 feet by 35 feet and the garage is 24 feet by 22 feet. A 10 foot drainage utility easement runs along the property, adjacent to Riverwood Drive. ADJACENT SITES North: Zoning: R-1, Single Family Land Use: Single Family Homes East. Zoning: R-1, Single Family Land Use: Single Family Homes South: Zoning: R-1, Single Family Land Use: Single Family Homes West: Zoning: R-1, Single Family Land Use: Single Family Homes ANALYSIS Section 205-.07.03.e.(2c(1)) of the Fridley Zoning Code requires structures to be a minimum of 17.5 feet from the street side of a comer lot. 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. The proposed pool is 32 feet by 16 feet, an area of 512 square feet. Total lot coverage by the house, garage and pool is 21.7%. The location of the pool is outside of the existing drainage utility easement. The pool is outside the easement, but it could potentially be damaged if the easement would ever need to be excavated. City sewer and water utilities are located under the paved surface of Riverwood Drive, however, and not in the green boulevard yard. Staff Report: VAR #98-12 7115 Riverwood Dr. NE Page 4 This variance request is somewhat different than other corner lot side yard setback variances, because it is for an underground structure instead of a building. The comer lot variances are for garages or sheds that are detached or for attached garages. Therefore, you may consider this a variance that has not been previously granted. In this case, you could deny the variance request, because the applicant could either move the pool to the east, or reduce the size of the pool to meet the setback. PREVIOUS COMPARABLE VARIANCES GRANTED: This request is comparable to variances granted for: William and Belinda Lamusga, 195 Hugo Street NE (October '97). The comer lot side yard setback was reduced to 6.5 feet for a 10' by 14' shed. Anthony Swanson, 6601 Lucia Lane NE (Jan.'96). The comer lot side yard setback was reduced to 0.5 feet to allow the reconstruction of a garage. Mftel-MIMN IMMKOXI Staff has no recommendation, because this request is comparable to previously granted variances. 4 LOGAN PKWYNE "1112 A Ae visdz1 wffffdm�mml i LOGAN PKWY NE RIVERWOM DR NE James &Diane Felton 7115 Rivervuood Dr. 71 WAY NE I 1- N R-1 - One Fen* Units Q o �-TGamr� *Units Variance from Side Yard Setback w E OF Q RA - Mobile Have Paris S Q PUD - Planned Urdt D&4e#nw t T% -d— M MA /I (WW l 0 S-1 - F�xfs Park Nef&bahood 0 S2 - Re�District G1 - Lod Business Q C•2 - General Business 0 0-3 - Geral SmWM C•Ri - Geral Me Q M-1 - Liot Ir>r *W M-2 - Heavy Inial M3 - Outdoor hensme Heavy Ind RR - RefIrcads P - Public Facilities -, WATER The aly`of Fid ft has tit emy effort to Qro- Vitt@ the M)St Wb-Eiab@ k fama1ibn "IeW The t qft presented item IS t0 The Cir of FMm M rot be respor> be far o Fa-n-ommy I tom« ter►a orumgacftttdoaum t f �'E- 41m, 74; M. AA7;R3;dRA-;" 4-491- N"W; Iqb Existing Foundation Location Projoa se d Tajo z3eack gs9. a /�rojD.s2� /Sacse/yie�a � F/oo•- For Brandon Construction Lot 4; Block 3, Riverwood Park, Anoka County, Minnesota. De/poTt!-v t2 441r7 421 I hereby certify that this survey, plan plat, prcliminary plat or report was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the I•aws of the State o Minnesota. �t 1083 Z •`l��Hzz,�g8a .�� s -,03 s� �9 .z. Reg. No Date Job No Book No. Loc �Jir °7 .s B -IV tz 36 ra A VA C Z C 0 iM '--e p u . j r t ; k nit. t �:'`� ll I f a maim"� Y- u •, .., e 4 ,16+ _ t,. own r v' �f3tsa �i12a�k. rd 'd .15 r� ,z 46 r v Assaf iii. a� na M . a • � ` a ��re fflt" ! r A d' f ,y i r 1 ^'` i iF r i y � , r t, M �� y� M SPA r v£''y'r�1r� 3. s Y�^#�h s iii nA. i S. 1el,t 14 app qhq�f - t6 IYg x g iExl ej A KI MON &MEMO ly '4 i f � e t Crtl � Y° r � '� �z �; a � � � :t♦ st �lA��u1 CITY OF FRIDLEY PUBLIC HEARING NOTICE BEFORE THE APPEALS COMMISSION TO: Property owners within 350 feet of 7115 Riverwood Drive CASE NUMBER: VAR #98-14 APPLICANT. James & Diane Felton PURPOSE: To reduce the side yard setback on a corner lot from 17.5 feet to 10 feet to allow the construction of an accessory structure (in -ground pool) LOCATION OF PROPERTY. 7115 Riverwood Drive LEGAL DESCRIPTION: Lot 4, Block 3, Riverwood Park DATE AND TIME OF Appeals Commission Meeting: HEARING: Wednesday, May 13,1998,7:30 p.m. The Appeals Commission meetings are televised live the night of the meeting on Channel 35. PLACE OF HEARING: Fridley Municipal Center, City Council Chambers, 6431 University Avenue HOW TO 1. You may attend hearings and testify. PARTICIPATE: 2. You may send a letter before the hearing to Scott Hickok, Planning Coordinator, or Paul Tatting, at 6431 University Avenue N.E., Fridley, MN 55432, or fax at 571-1287. SPECIAL Hearing impaired persons planning to attend who need an ACCOMMODATIONS: interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than May 6, 1998 ANY QUESTIONS: Contact either Scott Hickok, Planning Coordinator, at 572-3599, or Paul Tatting, Planning Assistant, at 572-3593. Mailing Date: May 1, 1998 CI7YOF FRiDLEY FRIDLEY MUNICIPAL CENTER - 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 - (612) 571-3450 - FAX (612) 571-1287 April 27, 1998 James and Diane Felton 7115 Riverwood Drive Fridley, MN 55432 Dear Mr. and Mrs. Felton: Per Minnesota Statute 15.99, local government units are required to notify land use applicants within 10 days if their land use applications are complete. We received an application for a variance on April 17, 1998. This letter serves to inform you that your application is complete and that the City of Fridley will be processing your application in accordance with Chapter 205 of the Fridley City Code. Your application schedule is as follows: Appeals Commission May 13, 1998 City Council June 8, 1998 If you have any questions regarding this letter or the process, please feel free to contact me at 572-3593. Sincerely, Paul Ta k"O� Planning Assistant PT:ls C-98-70 CITY OF FRIDLEY 6431 UNIVERSITY AVENUE FRIDLEY, MN 55432 (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT VARIANCE APPLICATION FOR: Residential Commercial/Industrial Signs PROPERTY INFORMATION: - site required for submittal, see attached Address: 'n yr. Property. Identification Number: 'PO4 I?-- Legal ?—Legal Description: Lot Block Trac Addition o?A C— Current Zoning: 1 Squarefootage/acTreage: Reason for Variance:®r s �� 9► Have you operated a business in a city which required a business license? Yes No >4- If Yes, which city? If Yes, what type of business? Was that license ever denied or revoked? Yes No. ->c, FEE OWNER INFORMATION (as it appears on the property title) (Contract purchasers: Fee owners must sign this form prior to processing) NAME: A. vu. ADDRESS: It oa- DAYTIME PHONE:SIGNATUREIDAT �.r.r..�rwr�r.v�r.�.....�..�r.►..�rti�r�r,+rwr.v.ww.�..�r..r.�.n.wr�r.�r�v.�.�r.�r�rw.wr.�w�..r�w�.wr.�rwr.�. w.a.�r�.�v.v.�.A..�u+r..r.v�rw�.wr PETITIONER INFORMATION NAME:17io-,, ADDRESS: nL1&5 7LLo.@�- DAYTIME PHONE: _3� SIGN TURF/ /r.VMArti.Vtilr�VM/r1V.V.V.V�V^I.ViV'YiV.V�V.VNMM�V�V�VA+�V.V.VANV�VN.VM�V.Vwr/IrrV �WVAI.V�V.YINAr�V�VAI�V.V�V/�//Y�Yr1V Section of City Coder FEES Fee: $100.00 for commercial, industrial, or.signs: Fee: $60.00 for residential properties: X Receipt #: Received By: Application Number. 14 Scheduled Appeals Commission Date: tjAi 13 / �ir Scheduled City Council Date: rug' S .7 10 Day Application Complete Notification Date: 4"7W/L- 2-7 Mr 60 Day Date: ,1 La er / 4 /17Y itof FridI� Landy Application P 60 Day Agency ActLw Application Date Planning Commission Meeting City Council Decision 60 Day Window Starts Recommendation to Council Approval or Denial 21-40 Days' 50-60 Days Approved, Acrionaken Letter Application Complete ' 10 Day Notice � . Tabled, 60 More Days Submtt'Complete Public Hearings: i' Application and Variance ; Denied Materials Vacations ; Lot Splits Public Hearings: Plats - Rezonings Rezonings Zoning Amendments Zoning Amendments Weiland Replacements Comprehensive Plan Special Use Permits e April 17, 1998 Appeals Commission City of Fridley 6431 University Ave. Fridley, MN 55432 RE: Variance Application for 7115 Riverwood Dr, Fridley, MN Dear Members of the Appeals Commission: We are applying for a variance to the sideyard setback requirements at the above referenced property in Fridley, MN. We are requesting that the setback requirement of 17'-5" from our west property line be reduced to 10'-0" for the installation of an inground pool. We have looked at several different alternatives and find that the best option requires this variance to the setback requirements. The following items are the reasons for requesting a variance: • The pool will be an inground pool and a 6' fence is required to surround the pool. The fence will be placed up to the property line and, therefore, the pool will be screened and will not alter the sightlines of the neighborhood. • By placing the pool at the west side of the property, it is in a position that will allow it to be better secured from entry from the house because it would not be directly in front of doors leading from the house, thereby making it safer for our children. • Established landscaping could be saved including two trees that are of significant size. • By placing the pool farther west, it will be more removed from surrounding neighbors causing less disturbance to them from all operations of the pool. Your review of this matter is greatly appreciated and I am available to answer any questions that you may have. Please don't hesitate to contact me at 572-3873 (home) or 336-1232 (work). Sincerely, es & Diane Felton 7115 Riverwood Drive Fridley, MN 55432 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 133 ALDEN CIR NE 132 ALDEN CIR NE 115 711/2 WAY NE FRIDLEY, MN. 55432 FRIDLEY, MN. 55432 FRIDLEY, MN. 55432 CURRENT RESIDENT 7161 RIVERVIEW TER NE FRIDLEY, MN. 55432 CURRENT RESIDENT 142 711/2 WAY NE FRIDLEY, MN. 55432 CURRENT RESIDENT 130711/2 WAY NE FRIDLEY, MN. 55432 CURRENT RESIDENT 7108 RIVERWOOD DR NE FRIDLEY, MN. 55432 CURRENT RESIDENT 7120 RIVERWOOD DR NE FRIDLEY, MN. 55432 CURRENT RESIDENT 7145 RIVERWOOD DR NE FRIDLEY, MN. 55432 CURRENT RESIDENT 7131 RIVERVIEW TER NE FRIDLEY, MN. 55432 CURRENT RESIDENT 7104 RIVERWOOD DR NE FRIDLEY, MN. 55432 CURRENT RESIDENT 154 711/2 WAY NE FRIDLEY, MN. 55432 CURRENT RESIDENT 136 71 1/2 WAY NE FRIDLEY, MN. 55432 CURRENT RESIDENT 124 711/2 WAY NE FRIDLEY, MN. 55432 CURRENT RESIDENT 7153 RIVERVIEW TER NE FRIDLEY, MN. 55432 CURRENT RESIDENT 7126 RIVERWOOD DR NE FRIDLEY, MN. 55432 CURRENT RESIDENT 7145 RIVERVIEW TER NE FRIDLEY, MN. 55432 CURRENT RESIDENT 7139 RIVERWOOD DR NE FRIDLEY, MN. 55432 CURRENT RESIDENT 7133 RIVERWOOD DR NE FRIDLEY, MN. 55432 CURRENT RESIDENT 148 711/2 WAY NE FRIDLEY, MN. 55432 CURRENT RESIDENT 7157 RIVERVIEW TER NE FRIDLEY, MN. 55432 CURRENT RESIDENT 7151 RIVERWOOD DR NE FRIDLEY, MN. 55432 CURRENT RESIDENT 7110 RIVERWOOD DR NE FRIDLEY, MN. 55432 CURRENT RESIDENT 7130 RIVERWOOD DR NE FRIDLEY, MN. 55432 CURRENT RESIDENT 7106 RIVERWOOD DR NE FRIDLEY, MN. 55432 CURRENT RESIDENT 7136 E RIVER RD NE FRIDLEY, MN. 55432 CURRENT RESIDENT 7115 RIVERWOOD DR NE FRIDLEY, MN. 55432 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 7121 RIVERWOOD DR NE 7127 RIVERWOOD DR NE 7121 RIVERVIEW TER NE FRIDLEY, MN. 55432 FRIDLEY, MN. 55432 FRIDLEY, MN. 55432 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 7102 RIVERWOOD DR NE 121 71 ST WAY NE 111 71 ST WAY NE FRIDLEY, MN. 55432 FRIDLEY, MN. 55432 FRIDLEY, MN. 55432 CURRENT RESIDENT 161 71 ST WAY NE FRIDLEY, MN. 55432 CURRENT RESIDENT 131 71 ST WAY NE FRIDLEY, MN. 55432 CURRENT RESIDENT FRIDLEY, MN. ***** CURRENT RESIDENT 13671 ST WAY NE FRIDLEY, MN. 55432 CURRENT RESIDENT 16871 ST WAY NE FRIDLEY, MN. 55432 CURRENT RESIDENT 6900 E RIVER RD NE FRIDLEY, MN. 55432 CURRENT RESIDENT 15171 ST WAY NE FRIDLEY, MN. 55432 CURRENT RESIDENT 7105 RIVERVIEW TER NE FRIDLEY, MN. 55432 CURRENT RESIDENT 11471 ST WAY NE FRIDLEY, MN. 55432 CURRENT RESIDENT 14671 ST WAY NE FRIDLEY, MN. 55432 CURRENT RESIDENT 18071 ST WAY NE FRIDLEY, MN. 55432 GIRL SCOUT COUNCIL OF MPLS 5601 BROOKLYN BLVD BROOKLYN CENTER MN 55429 CURRENT RESIDENT 141 71 ST WAY NE FRIDLEY, MN. 55432 CURRENT RESIDENT 7100 RIVERWOOD DR NE FRIDLEY, MN. 55432 CURRENT RESIDENT 124 71ST WAY NE FRIDLEY, MN. 55432 CURRENT RESIDENT 158 71 ST WAY NE FRIDLEY, MN. 55432 CURRENT RESIDENT 184 71 ST WAY N E FRIDLEY, MN. 55432