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VAR 00-17 00-2262COMMUNITY DEVELOPMENT DEPARTMENT Memorandum DATE: August 24, 2000 TO: Mechell Turok, Accounting/Data Processing Clerk FROM: Scott Hickok, Planning Coordinator SUBJECT: Variances, VAR #00-17 and VAR #00-22 Please refund a variance fee of $60.00 to each of the following petitioners:: VAR #00-17 Pena Remodeling 732 Westwind Avenue Shakopee, MN 55379-3238 VAR #00-22 . Prosch Brothers, 'Inc. 2231 Hamlin Avenue SE Buffalo, MN 55313-4610 S46tt HickdkLPlanning Coordinator CITY OF FRIDLEY APPEALS COMMISSION MEETING AUGUST 23, 2000 CALL TO ORDER: Chairperson Kuechle called the August 23, 2000, Appeals Commission meeting to order at 7:30 p.m. ROLL CALL: Members Present: Larry Kuechle, Blaine Jones, Sue Jackson, Jon Tynjala, Ken Vos Members Absent: None Others Present: Paul Bolin, Planner Scott Hickok, Planning Coordinator Marti Povlitzki, 369 Hugo Street APPROVAL OF THE AUGUST 9. 2000. APPEALS COMMISSION MEETING MINUTES: MOTION by Mr. Jones to approve the August 9, 2000 Appeals Commission meeting minutes as presented. Seconded by Dr. Vos. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING: VARIANCE REQUEST. VAR #00-22. BY PROSCH BROTHERS, INC: Per Section 205.08.03.D.(1) of the Fridley Zoning Code, to reduce the front yard setback from 35 feet to 30 feet; Per Section 205.08.03.D.(2).(b) of the Fridley Zoning Code, to reduce the side yard setback for an attached garage from 5 feet to 4.33 feet; Per Section 205.08.03.D.(2).(a) of the Fridley Zoning Code, to reduce the side yard setback for living area from 10 feet to 4.33 feet and 9.12 feet; Per Section 205.08.03.D.(3) of the Fridley Zoning Code, to reduce the rear yard setback from 25 feet to 22 feet; To allow the construction of a two-family dwelling on Lots 5A and 5B, Block 1, DotyMellner Addition, generally located at 6433-35 Starlite Circle Mr. Bolin stated that the petitioner is withdrawing his request and is planning on submitting new revised plans at a later date. MOTION by Ms. Jackson, seconded by Mr. Jones, to remove this item from the agenda. 08/23/2000 14:30 6124779691 PROSCH BROS PAGE 02 r MKOL € 2231 H mtin Aw SE Budkl% Mbmmm 51313 Phone 76 3477.4 — . Fox 763.477-9691 ' AUPA 23,2M i City of Fridley Appeals commission meeting RE: Public hearing for variance kuest. To whom it may conown, Please cancel) our request few vmt wce tonight (Aug. 23, 2000) for property at 6433-6435 Stwlite Circle. A new set of plans will be made and we is U schedule a new meeting at that time. Sinowely, Diane L Prosch semuffy City of Fridley Land Use Application VAR #00-22 August 23, 2000 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Thuy Bui Prosch Bros. Inc. 6230 Starlite Blvd 2231 Hamlin Ave. SE Fridley, MN 55432 Buffalo, MN Requested Action: Variances to reduce side yard, rear yard, & front yard setbacks to allow construction of a two family home. Existing Zoning: R-2 (Two Family Residential) Location: 6433-6435 Starlite Circle Size: 10,094 Sq. ft. .23 Acres Existing Land Use: Vacant Surrounding Land Use & Zoning: N: Industrial, M-1 E: Two Family, R-2 S: Two Family, R-2 W: Two Family, R-2 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Sec. 205.08.03.D.(1) requires a front yard setback of 35'. Sec. 205.08.03.D.(2).(a) requires a side yard setback of 10' for living area. Sec. 205.08.03.D.(2).(b) requires a side yard setback of 5' for att. garages. Sec. 205.08.03.B requires 75' of lot width at the required setback. Sec. 205.08.03.D.(3) requires a rear yard setback of 22'. Zoning History: 1982 - Lot is platted. Legal Description of Property: Lots 5A&5B, Blk 1, Doty/Wellner Add. Public Utilities: Available near site. Transportation: Starlite Circle provides access to site. Physical Characteristics: Undeveloped. SUMMARY OF PROJECT Petitioner is seeking to reduce the required side yard setback, for living area, from 10' to 5'; to reduce the required side yard setback for an attached garage from 5' to 4.33'; to reduce the required rear yard setback from 25' to 22'; to reduce the front yard setback from 35' to 30'; and to reduce the required lot width at the setback from 75' to 61' to construct a two family home. HARDSHIP STATEMENT "Prosch Bros. Inc. is requesting these variances for property at 4806 and 5395 Starlite Blvd. Because of the unique pie -shaped lot the structure has been shorted as much as possible to meet codes ant it still is not enough. Other houses in the cul -du -sac have received this same variances. All we need approved is the same variance these other houses received. " — Ronal J. Prosch SUMMARY OF ANALYSIS City Staff recommends denial of these variance requests. • Proposed building plans do not meet code requirements & if built to UBC standards would increase in size. • Variances approved in 1982 did not include locating living area within 10' of the property line. CITY COUNCIL ACTION/ 60 DAY DATE CC -9/11/00 / 60 Day -9/20/00 Staff Report Prepared by: Paul Bolin VAR #00-22 REQUEST Petitioner is seeking to reduce the required side yard setback, for living area, from 10' to 5'; to reduce the required side yard setback for an attached garage from 5' to 4.33'; to reduce the required rear yard setback from 25' to 22'; to reduce the front yard setback from 35' to 30'; and to reduce the required lot width at the setback from 75' to 61' to construct a two family home at 6433-6435 Starlite Circle. SUMMARY OF HARDSHIP "Prosch Bros. Inc. is requesting these variances for property at 4806 and 5395 Starlite Blvd. Because of the unique pie -shaped lot the structure has been shorted as much as possible to meet codes ant it still is not enough. Other houses in the cul -du -sac have received this same variances. All we need approved is the same variance these other houses received. " -Ronal Prosch ANALYSIS The property is located on Starlite Circle. The lots are irregularly shaped, and special consideration must be given to the shape, size, & style of home built on the lot. The plans submitted by the petitioner are incomplete and raise too many questions for staff to recommend anything but denial of this variance request. The petitioner originally submitted an application for these variances on June 30, 2000. The application was returned, as it was not complete. The application did not include building elevations, a written narrative (hardship statement), or the fee owners signature. The application was resubmitted on July 28, 2000 with the attached building plans ordered from a plan book, despite staff s recommendation to the petitioner that these types of plans would not work on this site. The submitted plan is not for a twin home, but rather for a smaller single family home that the petitioner intends to modify by connecting two of these single family homes. The building plans do not meet the Uniform Building Code, current Energy Code, frost footing requirements, and most importantly does not take into account the code requirements for fire wall separations between the two units. To bring the proposed drawings up to Code will require enlarging the footprint of the home or shrinking the interior space of the units. Prior to the granting of a variance, it is necessary to know exactly what will be built on the site. The submitted drawings leave too many questions unanswered. RECOMMENDATIONS City Staff recommends denial of these variance requests. • Proposed building plans do not meet code requirements & if built to UBC standards would increase in size. • Variances approved in 1983 did not include locating living area within 10' of the property line. • Variances approved in 1983 became null & void after 1 year due to the fact that construction never commenced. STIPULATIONS Staff recommends that if the variance is granted, the following stipulations be attached. 1. Petitioner shall obtain all necessary building permits prior to construction. **Due to the fact that we do not understand what is going to be built on this site, and therefore cannot foresee any outcome but denial on this request, staff is unable to recommend any other stipulations at this time. If the Commission is inclined to approve these variance requests, it will be necessary for the Commission to develop appropriate stipulations. Plan: H -1427-2A Bedrooms: 3 Baths: 2 Full, 1 Half Living Area Floors 2 Main floor 655 sq. ft. Other floors 755 sq. ft. Total Living Area 1410 sq. ft Basement 0 sq. ft. Footprint: Width 24 ft. Depth 5 Exterior Wall Framing: 2x4 Foundation Options: Crawlspace Plan Category. 5 -Contemporary Plan Style. Spanish/Mediterranean Special Rooms: Family Room Loft/Balcony Extra Features: Fireplace Patio/Terrace Kitchen Style: Nook Snack Bar U -Shaped Laundry Room: First Floor Master Bedroom Location:Second Floor Designer. HomeStyles Plan Service BLUEPRINT PRICE CODE: A SOURCE CODE: CDTL9908 /N TERA C T/ VE First Floor Plan Second Floor Plan CALL NOW TO ORDER YOUR DREAM HOME! 1-888-626-2026 Important Copyright Notice! Any use, reproduction, copying, modification, or derivative work of this design is a violation of the United States Federal Convriaht Act. To obtain a license to use this desion. call HomeStvles at 1-888-626-2026. v FRIDLEY MUNICIPAL CENTER - 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 - (612) 571-3450 - FAX (612) 571-1287 July 10, 2000 Prosch Brothers Inc. 2231 Hamlin Avenue SE Buffalo, MN 55313 Dear Prosch Brothers: 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. Based on the City's application schedule, we officially received an application for a variance on June 30, 2000. This letter serves to inform you that your variance application is not complete and is being returned to you for completion. Upon full review of your application, it was determined that you are missing information considered necessary to act upon your request. Staff is especially concerned over the lack of the fee owner's signature on the application, building elevations, and the lack of the written narrative (hardship statement). I have enclosed an additional development review schedule for the Appeals Commission, so you can re -submit a completed application and plan the meeting dates accordingly. The City will hold your application fee in anticipation of you submitting a completed variance application by the July 28, 2000 deadline. If we have not received a completed application by that time, I will begin the refund process. If you have any questions regarding this letter or the process, please feel free to contact me at 572-3593. Si rl, Paul olin Planner PB C-00-128 MUN INK INC. 2231 Hamlin Ave. SE Buffalo, Minnesota 55313 Phone 612-532-3957 Fax 763.477-9691 July 18, 2000 CITY OF FRIDLEY 6431 University Ave. NE Fridley, MN 55432 To whom it may concern, Prosch Bros. Inc. is requesting these variances for property at 4806 and 5395 Starlite Blvd. because of the unique pie -shaped lot the structure has been shorted as much as possible to meet codes and it still is not enough. Other houses in the cul -du -sac have received this same variances. All we need approved is the same variance that these houses received. Sincerely, Ronal J. Prosch 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 plan required_ forsubmittal, see attached Address: Property Identification Number: 3 Legal Description: Lot*";'"' -Block _I Tract/Addigon ®����/� Ceels Current Zoning: ' Square footage/acreage: Reason for Variance: / a Have you operated a business in a,city which required a business license? Yes No If Yes, ich city? If Yes, what type of business? Was that license ever denied or revoked? Yes No N�.r.V1..V.V�..VN.Y.VM.V.V/ti/ViV.V.Vti.V.Y.V.VMAV.V�VAI.YI.V/r.V/W.V.VAs/U.IVN.Y.V.YeV�4..VM/.r/VN.V.V�M'VwoWIVMN/V/V.V.V.V Mti/�/ FEE OWNER INFORMATION (as it appears on the property title) (Contract purchasers: Fee owners must sign this form prior to processing) NAME: ADDRESS: to "410 S ✓ ; G DAYTIME PH NE: E- L2 - SIGNATURE/DATE: NAME: 56K MIS - C ADDRESS: 31 .II ki SC— 8 DAYTIME PHONy/pE• LM' P���` SIGNATURE/DATE: VN.�V�V�V�V�V�VNN.VMV�V��VA/.V.VIVNNAr�VIV.VNN�V.V.V.V/Y�V.V�Y.VM�VM.V/�I�VNAII�r.VN+V.V/i�.VN�VNN.V^rIV.V VM�V/V/V.V�V Section of City Code: FEES Fee: $ r -s stria(`, orsigns: Fee. 60.00 for residenti I 'propertie Receipt #: Received By: Application Number: �- Scheduled Appeals Commission Date: 62.4ob Scheduled City Council Date: 10 Day Application Complete Notification Date: 60 Day Date: _,\ City of Fridley Land Use Application Process Application Date 60 Day Window. Starts i i Submit Complete Application and Materials 60 Day Agency Action Law Appeals Commission Meeti Recommendation to Council 21-40 Days i Application Complete 10 Day Notice Public Hearings: Variance Vacations Lot Splits Plats' Rezonings -Zoning Amendments Wetland Replacements Comprehensive Plan Special Use Permits City Council Decision Approval or Denial 50-60 Days I Approved, Action Taken Letter Tabled, 60 More Days 1 Denied I Public Hearings: Rezonings Zoning Amendments A CITY OF FRIDLEY PUBLIC HEARING NOTICE BEFORE THE APPEALS COMMISSION TO: Residents within 350 feet of 6433 & 6435 Starlite Circle CASE NUMBER: VAR #00-22 APPLICANT. Prosch Brothers, Inc. 2231 Hamlin Ave. SE Buffalo, MN 55313-4610 Petitioner or representative must be at meeting. PURPOSE: (1) To reduce the required front yard setback from 35 feet to 30 feet; (2) To reduce the required side yard setback for an attached garage from 5 feet to 4.33 feet; (3) To reduce the required side yard setback for living area from 10 feet to 4.33 feet and 9.12 feet; (4) To reduce the required front yard width at the setback line from 75 feet to 60 feet; (5) To reduce the required rear yard setback from 25 feet to 22 feet; To allow the construction of a two-family dwelling LOCATION OF PROPERTY. 6433 & 6435 Starlite Circle LEGAL DESCRIPTION: Lots 5A and 513, Block 1, Dotyfflellner Addition DATE AND TIME Appeals Commission Meeting, Wednesday, August 23, OF HEARING: 2000, at 7:30 p.m. The Appeals Commission meetings are televised live the night of the meeting on Channel 35. PLACE OF Fridley Municipal Center, City Council Chambers HEARING: 6431 University Avenue HOW TO 1. You may attend hearings and testify. PARTICIPATE: You may send a letter before the hearing to Scott Hickok, Planning Coordinator, or Paul Bolin, Planner, at 6431 University Avenue N.E., Fridley, MN 55432 or fax at 571- 1287. SPECIAL Hearing impaired persons planning to attend who need an ACCOMMODATION: interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than August 17, 2000. (TDD 612-572-3534) ANY QUESTIONS: Contact Scott Hickok, Planning Coordinator, at 572-3599, or Paul Bolin, Planner, at 572-3593. Mailing Date: August 14, 2000 VILLAGE HOMES CHRISTENSON INC VOGEL DUANE C & DELORA D LEE JULIUS A JR & MOLLY M %THE ROTTLUND COMPANY INC 128 CHRISTENSON CT NE 126 CHRISTENSON CT NE ROSEVILLE,MN 55113 FRIDLEY,MN 55432 FRIDLEY,MN 55432 CURRENT RESIDENT MILLER RICHARD F & BARBARA A CURRENT RESIDENT 124 CHRISTENSON CT NE ROUTE 3 BOX 32 K 122 CHRISTENSON CT NE FRIDLEY,MN 55432 BATTLE LAKE,MN 56515 FRIDLEY,MN 55432 HARWOOD ROSETTE 6 EMERALD GLEN LAGUNA NIGUEL,CA 92677 DODGE W JOSEPHINE 123 CHRISTENSON CT NE FRIDLEY,MN 55432 BECKER GALE F & KAREN A 129 CHRISTENSON CT NE FRIDLEY,MN 55432 BENDER PATRICIA D 100 SATELLITE LN NE FRIDLEY,MN 55432 ROSENBERG BARBARA A 120 CHRISTENSON CT NE FRIDLEY,MN 55432 MARQUEZ GINA M B & JOSE L 125 CHRISTENSON CT NE FRIDLEY,MN 55432 GEARHART DAVID E 131 CHRISTENSON CT NE FRIDLEY,MN 55432 MESSER RALPH W 114 SATELLITE LN NE FRIDLEY,MN 55432 JACOBSON TYRON O & CAROL A PETERSON NATHAN S 101 SYLVAN LN NE 6390 STARLITE BLVD NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 SMEBY ROLF C MACIEJ SYLVESTER S & LEONA 6370 STARLITE BLVD NE 6400 STARLITE CIR NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 CURRENT RESIDENT 6412 STARLITE CIR NE FRIDLEY,MN 55432 CURRENT RESIDENT 6420 STARLITE CIR NE FRIDLEY,MN 55432 MUELLER MARK J 121 CHRISTENSON CT NE FRIDLEY,MN 55432 GOODERL RAYMOND L 127 CHRISTENSON CT NE FRIDLEY,MN 55432 RAO MANUFACTURING CO 200 MISSISSIPPI ST NE FRIDLEY,MN 55432 LEE ALF R & DOROTHY M 130 SATELLITE LN NE FRIDLEY,MN 55432 ECKER LEOCADIA ELEANOR 6380 STARLITE BLVD NE FRIDLEY,MN 55432 POWELL STELLA V & LEVY 6410 STARLITE CIR NE FRIDLEY,MN 55432 CURRENT RESIDENT 6422 STARLITE CIR NE FRIDLEY,MN 55432 BAUER WALTER F & MARY JANE CURRENT RESIDENT CURRENT RESIDENT 4324 LAKE POINT CT 6430 STARLITE CIR NE 6432 STARLITE CIR NE ST PAUL,MN 55126 FRIDLEY,MN 55432 FRIDLEY,MN 55432 CURRENT RESIDENT CURRENT RESIDENT WELLNER GARY A & GAIL L 6433 STARLITE CIR NE 6423 STARLITE CIR NE 8457 RIVERVIEW LN N FRIDLEY,MN FRIDLEY,MN 55432 BOOKLYN PARK,MN 55444 CURRENT RESIDENT COMER ERIC T & KARLENE S ELIOFF JAMES A & CHAR 6421 STARLITE CIR NE 101 SATELLITE LN NE 115 SATELLITE LN NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 City of City of Fridley Fridley Public Hearing Notice DO s --� LL� I I �� iZlssi??t CD RA - One F dly Units 0) M-1 - Light Industrial W2 Industrial N Sources: Friday Planning A R-2 -Two FarrEEr C -Heavy Fridey GIS R3 -general 3 NI -3 - Ointdoa Intensive Heavy Industrial Z R-4 - Nbbile WE4 - Nfarwfactruing Only Anoka County GIS wPUD -Planned Unit Deve9 P - Public Facilifies Anoka County Assessing �► S-1 - Hyde Park Neighborttoods S-2 - F2edeveloprrn�nt Distrid ® RR - Railroads / Variance Request #00�-22 w S-3 -Heavy Ind OrwWman G1 - i BteUness r\f o Street Cfterlirres ,�, Paroel Bo mft iee 6433-6435 Starl ite a rd e a (�' G2 - General Business C3 -G Shopping o � Thuy Bui / Prosch Bros. Inc. 40 GR1- C -mod office