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VAR 06-04STATE OF MINNESOTA COUNTY OF ANOKA CITY OF FRIDLEY In the Matter of: A Variance, VAR #06-04 Owner: Michael B & DF McPhillips Record ID 1699078 1985447.005 CITY COUNCIL PROCEEDINGS VARIANCE The above entitled matter came before the City Council of the City of Fridley and was heard on the 8th day of May, 2006, 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 corner lot from 17.5 feet to 6 feet to allow a garage addition, legally described as LOT 19 BLOCK 2 SYLVAN HILLS PLAT 4, SUBJECT TO EASEMENT OF RECORD SYLVAN HILLS PLAT 4 CITY OF FRIDLEY LOT 19 BLOCK 2 SYLVAN HILLS PLAT 4 - SUBJECT TO 5 FEET UTILITY & DRAINAGE EASEMENT ALONG REAR OF LOT, generally located at 291 Sylvan Lane. IT IS ORDERED that a variance be granted as upon the following conditions or reasons: Approval with two stipulations. See City Council meeting minutes of May 8, 2006. 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 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 Fridley, Minnesota, in the County of Anoka on the day of � v�- , 2006. DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 Debra A. Skogen, City Clerk �+L) 9� t t Variances are valid for a period of one year following approval and shall be considered void if not used within that period. FRIDLEY CITY COUNCIL MEETING OF MAY 8.2006 PAGE -13 analysis, staff determined most of the churches are on East River Road, Mississippi Bouelvard, University Ave e, Highway 65, and 73rd Avenue, and by the time they got done doing one that was an ove ay district relative to the traffic count, they would have essentially all of them. Staff was al concerned that they were treating the churches differently than the schools, so they deci d to bring back the recommendation that they would just do it for all. That does not mean,ey are all going to put up 80 square feet signs. Some do not need that. MOTION by�Aincilmember Wolfe to close the public hearing. Seconded by Councilmember Billings. UPON A OICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED Kv VAiZi�-Au 9 NEW BUSINESS: 13. Variance Request, VAR #06-04, by Michael McPhillips, to Reduce the Side Yard Setback on a Corner Lot from 17.5 Feet to 6 Feet to Allow a Garage Addition, Generally Located at 291 Sylvan Lane N.E. (Ward 3). Julie Jones, Planning Coordinator, stated petitioner is requesting the variance to allow the construction of a 264 square foot addition to the existing attached garage located at his residence. His hardship statement states as follows: "There is minimal traffic on University Avenue Service Drive north of Sylvan Lane. There is a stop sign on Sylvan Lane before entering the Service Drive eliminating sight problems that could be potentially caused by the new structure." Ms. Jones said the property in question is zoned R-1, Single -Family, as are all surrounding properties. The lot is rectangular shaped and fronts on Sylvan Lane. The home and garage were constructed in 1969. In 1986, an accessory structure was built on this property in the rear yard. The property owner obtained a special use permit as was required at the time for the second accessory structure. At the time it was approved, it was stipulated that a driveway did not need to be installed to the accessory structure, as long as the structure was not being used for motor vehicle storage. There is no evidence on the landscape currently that the structure is being used for motor vehicle storage. The City Code requires a 17-1/z foot side yard setback for all structures on a comer lot. The existing garage is approximately 18 feet from the side yard property line and meets City Code requirements. The petitioner is proposing to construct a 12' x 22' addition to the garage. That is to the depth of the existing garage, which would reduce the side yard setback to approximately 6 feet. The petitioner's property will continue to meet all other setback lot coverage and allotment of accessory structure requirements after the proposed garage addition is constructed. The proposed addition will be used for storage space of vehicles and other garage materials. City staff has no recommendation on this request as it is within previously granted dimensions. The City did grant a variance in 1990 to a property just a couple of blocks away from the subject property at 6261 Rainbow Drive. This variance was granted to reduce the side yard setback on a comer lot from 17 '/z feet to 4 1/z feet to allow the construction of a second detached accessory structure in line with the existing garage. The Appeals Commission held a public hearing on this variance request on April 26. The variance was FRIDLEY CITY COUNCIL MEETING OF MAY 8.2006 PAGE 14 ' approved on a 3-1 vote. It was brought before Council because there was not a unanimous vote. 1 &. Kuechle on the Commission voted in opposition because of a lack of hardship, noting there was a hardship in the 6261 Rainbow Drive variance because of widening of the University Avenue Service Drive. Since the Appeals Commission meeting, staff has confirmed the information provided by Mr. Kuechle. The house at 6261 Rainbow Drive was constructed in 1953. The University Avenue Service Drive was constructed in 1965 and likely took land from the side yard of 6261 Rainbow Drive. The house at 291 Sylvan Lane, however, was constructed in 1969 which was after the widening of the Service Drive. Ms. Jones stated the Appeals Commission did look at the language in State Statutes regarding hardship and studied and discussed the language at their meeting. Staff does recommend if the City Council does approve this variance, that they also request stipulations on the variance. Councilmember Bolkcom asked if there was any place else this addition could be placed. Ms. Jones said it would be feasible for the petitioner to add onto his existing accessory structure in the rear yard. However, if he did, since he is planning on using this space for storage of motor vehicles, he would need to install a driveway and have additional curb cut on his property to that structure which currently does not have a driveway. Councilmember Bolkcom asked what kind of impact it would have on the neighborhood. Ms. Jones replied it would have less visual impact on the comer and that is the concern of the side yard setback, the vision safety. Councilmember Bolkcom said so the undue hardship is that he would have to have another curb cutting and another driveway to another accessory structure. Councilmember Wolfe said he things it would look nicer doing it the way the petitioner wants to do it. Councilmember Barnette stated he would have to have a curb cut off of the Service Road. To him this makes a whole lot more sense to add onto his existing garage with his existing driveway. Architecturally, visually, and reasonably, it makes sense to him to do what the petitioner is doing. Michael McPhillips, petitioner, stated if he added onto his shed and put in blacktop, he would loose some trees. He mentioned the other property mentioned involved the petitioner getting a double "detached" garage and he does not understand what the hardship was there. Councilmember Billings asked about the property immediately north of the petitioner. Mr. McPhillips replied that house faces east, or University Avenue. Councilmember Billings said so the garage in his yard would be next to their side yard. FRIDLEY CITY COUNCIL MEETING OF MAY 8.2006 PAGE 15 Mr. McPhillips replied, yes. Councilmember Billings asked how far was the petitioner's property to the right-of-way. He asked how wide the boulevard was. Mr. McPhillips stated it is a 12 -foot garage, 6.2 feet to the property line, and 9.3 feet to the curb. Councilmember Billings stated so the new place is going to be 15 feet to the curb. Mr. McPhillips replied, 15.5 feet. MOTION by Councilmember Bolkcom to approve Variance Request, VAR #06-04, by Michael McPhillips, with the following two stipulations: 1. Petitioner shall obtain all necessary permits prior to construction. 2. Addition shall be architecturally compatible with the existing home and garage and finished with complementary siding and color scheme. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 14. ApprovcRoadway Major Maintenance Financing Policy. Jon Haukaas, Pub ' Works Director, stated this is policy on financing for major maintenance of City streets, commo referred to as the assessment policy. He provided this to Council as an informational item some time back and has given them updates since. Essentially, this is for future street reconstruction. Once they complete their current focus on bringing all City streets up to the standard of concre curb and gutter, it will continue the past policy of assessing 100 percent of the improvement co for all properties except those zoned R-1 or R-2, the low-density residential properties and it pro 'des for a new cost share formula for those residential -zoned properties. Major maintenance is efined as total or partial reconstruction of the streets plus mill and overlay type projects. Minor aintenance, which would not be assessed, would be crack sealing, sealcoat, pothole patching, d other asphalt repairs that they do on an ongoing basis. The R-1 and R-2 properties would be sessed on a per lot basis and would be assessed a total of 50 percent of the cost based on a stan d street of 30 -feet wide. What they would do is, if the street is only 30 -feet wide which is the 'ty standard, they would take half that total cost and divide by the number of lots involved. y property that is addressed on a reconstructed or improved street would be counted in those th would pay an assessment. If the street was wider than the residential standard of 30 feet, any it that pertain to that would be reduced to the equivalent 30 -foot wide street standard and the .fference would be added to the City's cost. This is an averaging method so that other than th .. fluctuations in prices from year to year, residential properties are treated basically equal throuout the City. This is becoming the norm across the area. There are several cities that have done a tan dard street assessment. We would FRIDLEY CITY COUNCIL MEETING OF MAY 8, 2006 PAGE 16 ' prefer to use the actual cost each year as historically Fridley has. Any assessments are based on the real cost. We would have estimates of these costs at the time of the public hearing similar to what we do now, and adjust those based on actual costs after the project is completed. Mr. Haukaas stated utility repairs would not be assessed but rather paid for from the respective utility enterprise funds. They do take roadway reconstruction as the opportunity to repair water lines or sewer lines and make utility adjustments as necessary. They do have a current policy in place for major storm sewer extensions. Councilmember Wolfe asked if everyone would pay the same even if their lot were bigger. Mr. Haukaas said they would. For the most part in residential neighborhoods, everyone gets approximately the same benefit. One house is not getting all that much better of a deal because they have a little bit longer lot or a corner lot. Everyone uses it on average about the same. So they would like to go to a simpler, straightforward assessment policy. Councilmember Bolkcom stated so if she lives on a comer lot would she get assessed on her front yard and her side yard. Mr. Haukaas replied they would continue with the past history of assessing the address side. Councilmember Bolkcom stated in the policy under "definitions" it says property with frontage (rear, side, or front) along a roadway would be considered to receive benefit from any major maintenance projects. It seems to mean on a comer she could be assessed on both sides because she is a benefited party as she drives on both sides. Mr. Haukaas said that definition applies to not only residential but to commercial/industrial. They could further clarify that for those residential properties that it would be based on the address side. Dr. Burns asked what about a property that has two front yards. Mr. Haukaas replied that is similar situation to the corner lot, they would again apply the address side standard to a double front. Councilmember Billings asked if Council had approved something similar to this not too long ago or if they had just talked about it in a conference meeting. Mr. Haukaas said they presented the information at a conference meeting. Councilmember Billings commented the only real change in this is the wider than 30 -foot streets section. Mr. Haukaas replied, yes. This is being brought to them as a policy and intended to be a guideline. It is not like an ordinance. The intention is that this applies to 99 percent of the FRIDLEY CITY COUNCIL MEETING OF MAY S, 2006 PAGE 17 4 properties. The other 1 percent special situations would be brought to them through a public hearing prior to starting the project. Councilmember Barnette asked if this policy changed the eventual cost of street reconstruction in comparison to what they have been doing in recent years. Mr. Haukaas replied actually when looking at the numbers, it does not change it too significantly. He said they have a mill and overlay projects this summer and should this be approved that project would be brought forward under the new policy. The project is located at Matterhorn Drive and the remainder of 73rd Avenue. Councilmember Bolkcom asked how he would like them to proceed. Mr. Haukaas replied they can wait and approve this at the next meeting after the language has been added or approve it now contingent on that language being added. They will add language that states assessments are based on the roadway on the address side of residential properties. MOTION by Councilmember Bolkcom to table the Roadway Major Maintenance Financing Policy. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. Resolution of the City of Friji ley Terminating ICMA as the Administrator of the City of Fridley Deferred Compensation Plan and Authorizing the City of Fridley, Through its City Manager, t Enter Into Necessary Agreements to Hire Wells Fargo, N.A., to Administer the P pan. Councilmember Bolkcom said if they disco�iti there be any danger because it is not going to - Dr. Burns replied they will still have the IC completed the conversion. This establishes t] with ICMA. The resolution was drafted by the ICMA but are waiting for Wells Fargo would n until November. deferred compensation plan until they have intent to terminate the business arrangement Fritz Knaak, City Attorney, stated the purpose of this esolution is to create and set a process by which the ICMA plan will be terminated. This actii6 is the first step they need to take to terminate the plan and to create a seamless transition btween that plan and the plan that has been proposed by Wells Fargo. Richard D. Pribyl, Finance Director/Treasurer, stated this is a airly lengthy process. They have a timetable right now and it is four pages long full of activiti in this process. This actually initiates the process of termination. In this timetable, there is wh t is called a quiet period at the very end of the process where the contributions will cease for t period of time during the actual turnover of the assets between the two retirement corporations,, FRIDLEY CITY COUNCIL MEETING OF MAY 8, 2006 PAGE 18 MOTION by Councilmember Bolkcom adopting Resolution No. 2006-24. Seconded by ' Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. Approve 200' SCORE Grant Agreement for Recycling Program. Councilmember Bol*com asked why it took so long for the agreement to come before Council. Julie Jones, Planning oordinator, replied there is no rush when they get these agreements to approve them until July. They do not get their first funding payment until July from the County. Councilmember BillingA stated there was some discussion previously about their ability to use the funds that they are co ecting for the sale of recyclable materials. He asked about the status of that. Ms. Jones replied that has � had asked if they could ch$ situation. There were some looked at their financial situ the recycling contract for sp and they will continue to do we are qualified for. Unfort been worked out. Staff has been working with County staff and ;e their agreement or their funding policy to accommodate our :lays in bringing this agreement forward because of that. They and have decided they will proceed to use the revenues from events by like the electronics drop off that happened in April best to qualify for as much, if not all of, the SCORE funds that :ly, we did not work out a situation with the County where we end if we wanted to. They are moving forward with the could completely balance our agreement as written. Mr. Hickok said they analyzed wh4her it would be in the City's best interests to not sign the SCORE funding agreement and utiliz our funds in a manner that would be appropriate for our citizens but would still mare the d liars to the people without having all of the red tape and strings attached to SCORE funding.tiff determined they will continue to work with the County on SCORE funding. Ms. Jones stated staff felt in the long term our relationship with the County and work v Councilmember Bolkcom asked if the the City's total tonnage. t is it was in the City's best interests to continue them. the City's special events counts towards Ms. Jones replied, yes. She would say they have no }yroblem making their goal in 2006 because of the tonnage they received at the last event. William Burns, City Manager, stated his recollection i the problem they had is that we are penalized by the County if we use the additional shared reve a from the hauler to cover some of our losses for the basic recycling program. The $60,000 pl they are getting from the County does not cover all of the recycling coordinator's salary. It covers only a percentage of the ,�NOKA COUNTY MINNESOTA Document No.: 1985447.005 ABSTRACT I hereby certify that the within instrument was filed in this office for record on: 06/22/2006 1:35:00 PM Fees/Taxes In the Amount of: $46.00 MAUREEN J. DEVINE Anoka County property Tax Adininistrator/Reeorder/Registrar of Titles JMH, Deputy Record ID: 1699078 FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 (763) 571-3450 • FAJP%)6 -0QlbWGl`tTDrITY (763) 572-3534 ACTION TAKEN NOTICE May 15, 2006 Michael McPhillips 291 Sylvan Lane Fridley MN 55432 Dear Mr. McPhillips: On Monday, May 8, 2006, the Fridley City Council officially approved your Variance, VAR #06- 04, to reduce the side yard setback on a comer lot from 17.5 feet to 6 feet to allow an addition to the existing garage, legally described as Lot 19, Block 2, Sylvan Hills Plat 4, generally located at 291 Sylvan Lane. Approval of this variance is contingent upon the following stipulations: 1. Petitioner shall obtain all necessary permits prior to construction. 2. Addition shall be architecturally compatible with the existing home and garage and finished with complementary siding and color scheme. You have one year from the date of the City Council 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 763-572-3590. Sinc ely, c tt Hickok mmunity Development Director SH/jb cc: Variance File/Address File Sandy Stanger Stacy Stromberg Please review the above, sign the statement below and return pne copy to the City of,F i ley, Planning Department by May 26, 2006. 4nic&&2�0WtAo Concur with action taken. C-06-34 I� UIYOF FRIDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 (763) 571-3450 • FAL-0QWhlGfhrDnTY (763) 572-3534 ACTION TAKEN NOTICE May 15, 2006 Michael McPhillips 291 Sylvan Lane Fridley MN 55432 Dear Mr. McPhillips: On Monday, May 8, 2006, the Fridley City Council officially approved your Variance, VAR #06- 04, to reduce the side yard setback on a corner lot from 17.5 feet to 6 feet to allow an addition to the existing garage, legally described as Lot 19, Block 2, Sylvan Hills Plat 4, generally located at 291 Sylvan Lane. Approval of this variance is contingent upon the following stipulations: 1. Petitioner shall obtain all necessary permits prior to construction. 2. Addition shall be architecturally compatible with the existing home and garage and finished with complementary siding and color scheme. You have one year from the date of the City Council 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 763-572-3590. W ely, Fd Hickok unity Development Director SH/jb cc: �VariarrcaFile/Address-File _- Sandy Stanger Stacy Stromberg Please review the above, sign the statement below and return one copy to the City of Fridley Planning Department by May 26, 2006. Concur with action taken. C-06-34 FRIDLEY CITY COUNCIL MEETING OF MAY 8, 2006 PAGE 13 analysis, staff dete/ove most of the churches are on East River Road, Mississippi Bouelvard, UniversHighway 65, and 73rd Avenue, and by the time they got done doing one that was Aveistrict relative to the traffic count, they would have essentially all of them. Staff werned that they were treating the churches differently than the schools, so they deng back the recommendation that they would just do it for all. That does not meangoing to put up 80 square feet signs. Some do not need that. MOTION by uncihnember Wolfe to close the public hearing. Seconded by Councilmember Billings. UPON A OICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTIOrf CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 9:06 .M. NEW BUSINESS: 13. Variance Request, VAR #06-04, by Michael McPhillips, to Reduce the Side Yard Setback on a Corner Lot from 17.5 Feet to 6 Feet to Allow a Garage Addition, Generally Located at 291 Sylvan Lane N.E. (Ward 3). Julie Jones, Planning Coordinator, stated petitioner is requesting the variance to allow the construction of a 264 square foot addition to the existing attached garage located at his residence. His hardship statement states as follows: "There is minimal traffic on University Avenue Service Drive north of Sylvan Lane. There is a stop sign on Sylvan Lane before entering the Service Drive eliminating sight problems that could be potentially caused by the new structure." Ms. Jones said the property in question is zoned R-1, Single -Family, as are all surrounding properties. The lot is rectangular shaped and fronts on Sylvan Lane. The home and garage were constructed in 1969. In 1986, an accessory structure was built on this property in the rear yard. The property owner obtained a special use permit as was required at the time for the second accessory structure. At the time it was approved, it was stipulated that a driveway did not need to be installed to the accessory structure, as long as the structure was not being used for motor vehicle storage. There is no evidence on the landscape currently that the structure is being used for motor vehicle storage. The City Code requires a 17-1/2 foot side yard setback for all structures on a corner lot. The existing garage is approximately 18 feet from the side yard property line and meets City Code requirements. The petitioner is proposing to construct a 12' x 22' addition to the garage. That is to the depth of the existing garage, which would reduce the side yard setback to approximately 6 feet. The petitioner's property will continue to meet all other setback lot coverage and allotment of accessory structure requirements after the proposed garage addition is constructed. The proposed addition will be used for storage space of vehicles and other garage materials. City staff has no recommendation on this request as it is within previously granted dimensions. The City did grant a variance in 1990 to a property just a couple of blocks away from the subject property at 6261 Rainbow Drive. This variance was granted to reduce the side yard setback on a corner lot from 17 Meet to 4 Meet to allow the construction of a second detached accessory structure in line with the existing garage. The Appeals Commission held a public hearing on this variance request on April 26. The variance was FRIDLEY CITY COUNCIL MEETING OF MAY 8, 2006 PAGE 14 approved on a 3-1 vote. It was brought before Council because there was not a unanimous vote. Mr. Kuechle on the Commission voted in opposition because of a lack of hardship, noting there was a hardship in the 6261 Rainbow Drive variance because of widening of the University Avenue Service Drive. Since the Appeals Commission meeting, staff has confirmed the information provided by Mr. Kuechle. The house at 6261 Rainbow Drive was constructed in 1953. The University Avenue Service Drive was constructed in 1965 and likely took land from the side yard of 6261 Rainbow Drive. The house at 291 Sylvan Lane, however, was constructed in 1969 which was after the widening of the Service Drive. Ms. Jones stated the Appeals Commission did look at the language in State Statutes regarding hardship and studied and discussed the language at their meeting. Staff does recommend if the City Council does approve this variance, that they also request stipulations on the variance. Councilmember Bolkcom asked if there was any place else this addition could be placed. Ms. Jones said it would be feasible for the petitioner to add onto his existing accessory structure in the rear yard. However, if he did, since he is planning on using this space for storage of motor vehicles, he would need to install a driveway and have additional curb cut on his property to that structure which currently does not have a driveway. Councilmember Bolkcom asked what kind of impact it would have on the neighborhood. Ms. Jones replied it would have less visual impact on the comer and that is the concern of the side yard setback, the vision safety. Councilmember Bolkcom said so the undue hardship is that he would have to have another curb cutting and another driveway to another accessory structure. Councilmember Wolfe said he things it would look nicer doing it the way the petitioner wants to do it. Councilmember Barnette stated he would have to have a curb cut off of the Service Road. To him this makes a whole lot more sense to add onto his existing garage with his existing driveway. Architecturally, visually, and reasonably, it makes sense to him to do what the petitioner is doing. Michael McPhillips, petitioner, stated if he added onto his shed and put in blacktop, he would loose some trees. He mentioned the other property mentioned involved the petitioner getting a double "detached" garage and he does not understand what the hardship was there. Councilmember Billings asked about the property immediately north of the petitioner. Mr. McPhillips replied that house faces east, or University Avenue. Councilmember Billings said so the garage in his yard would be next to their side yard. A, FRIDLEY CITY COUNCIL MEETING OF MAY 8, 2006 PAGE 15 Mr. McPhillips replied, yes. Councilmember Billings asked how far was the petitioner's property to the right-of-way. He asked how wide the boulevard was. Mr. McPhillips stated it is a 12 -foot garage, 6.2 feet to the property line, and 9.3 feet to the curb. Councilmember Billings stated so the new place is going to be 15 feet to the curb. Mr. McPhillips replied, 15.5 feet. MOTION by Councilmember Bolkcom to approve Variance Request, VAR #06-04, by Michael McPhillips, with the following two stipulations: 1. Petitioner shall obtain all necessary permits prior to construction. 2. Addition shall be architecturally compatible with the existing home and garage and finished with complementary siding and color scheme. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 14. Approve Roadway Major Maintenance Financing Policy. Jon Haukaas, Public Works Director, stated this is policy on financing for major maintenance of City streets, commonly referred to as the assessment policy. He provided this to Council as an informational item some time back and has given them updates since. Essentially, this is for future street reconstruction. Once they complete their current focus on bringing all City streets up to the standard of concrete curb and gutter, it will continue the past policy of assessing 100 percent of the improvement cost for all properties except those zoned R-1 or R-2, the low-density residential properties and it provides for a new cost share formula for those residential -zoned properties. Major maintenance is defined as total or partial reconstruction of the streets plus mill and overlay type projects. Minor maintenance, which would not be assessed, would be crack sealing, sealcoat, pothole patching, and other asphalt repairs that they do on an ongoing basis. The R-1 and R-2 properties would be assessed on a per lot basis and would be assessed a total of 50 percent of the cost based on a standard street of 30 -feet wide. What they would do is, if the street is only 30 -feet wide which is the City standard, they would take half that total cost and divide by the number of lots involved. Any property that is addressed on a reconstructed or improved street would be counted in those that would pay an assessment. If the street was wider than the residential standard of 30 feet, any items that pertain to that would be reduced to the equivalent 30 -foot wide street standard and the difference would be added to the City's cost. This is an averaging method so that other than the fluctuations in prices from year to year, residential properties are treated basically equal throughout the City. This is becoming the norm across the area. There are several cities that have done a standard street assessment. We would FRIDLEY CITY COUNCIL MEETING OF MAY 8, 2006 PAGE 16 prefer to use the actual cost each year as historically Fridley has. Any assessments are based on the real cost. We would have estimates of these costs at the time of the public hearing similar to what we do now, and adjust those based on actual costs after the project is completed. Mr. Haukaas stated utility repairs would not be assessed but rather paid for from the respective utility enterprise funds. They do take roadway reconstruction as the opportunity to repair water lines or sewer lines and make utility adjustments as necessary. They do have a current policy in place for major storm sewer extensions. Councilmember Wolfe asked if everyone would pay the same even if their lot were bigger. Mr. Haukaas said they would. For the most part in residential neighborhoods, everyone gets approximately the same benefit. One house is not getting all that much better of a deal because they have a little bit longer lot or a corner lot. Everyone uses it on average about the same. So they would like to go to a simpler, straightforward assessment policy. Councilmember Bolkcom stated so if she lives on a comer lot would she get assessed on her front yard and her side yard. Mr. Haukaas replied they would continue with the past history of assessing the address side. Councilmember Bolkcom stated in the policy under "definitions" it says property with frontage (rear, side, or front) along a roadway would be considered to receive benefit from any major maintenance projects. It seems to mean on a comer she could be assessed on both sides because she is a benefited party as she drives on both sides. Mr. Haukaas said that definition applies to not only residential but to commercial/industrial. They could further clarify that for those residential properties that it would be based on the address side. Dr. Burns asked what about a property that has two front yards. Mr. Haukaas replied that is similar situation to the comer lot, they would again apply the address side standard to a double front. Councilmember Billings asked if Council had approved something similar to this not too long ago or if they had just talked about it in a conference meeting. Mr. Haukaas said they presented the information at a conference meeting. Councilmember Billings commented the only real change in this is the wider than 30 -foot streets section. Mr. Haukaas replied, yes. This is being brought to them as a policy and intended to be a guideline. It is not like an ordinance. The intention is that this applies to 99 percent of the FRIDLEY CITY COUNCIL MEETING OF MAY 8.2006 PAGE 17 properties. The other 1 percent special situations would be brought to them through a public hearing prior to starting the project. Councilmember Barnette asked if this policy changed the eventual cost of street reconstruction in comparison to what they have been doing in recent years. Mr. Haukaas replied actually when looking at the numbers, it does not change it too significantly. He said they have a mill and overlay projects this summer and should this be approved that project would be brought forward under the new policy. The project is located at Matterhorn Drive and the remainder of 73`d Avenue. Councilmember Bolkcom asked how he would like them to proceed. Mr. Haukaas replied they can wait and approve this at the next meeting after the language has been added or approve it now contingent on that language being added. They will add language that states assessments are based on the roadway on the address side of residential properties. MOTION by Councilmember Bolkcom to table the Roadway Major Maintenance Financing Policy. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. Resolution of the City of Fri ley Terminating ICMA as the Administrator of the City of Fridley Deferred Com ensation Plan and Authorizing the City of Fridley, Through its City Manager, t Enter Into Necessary Agreements to Hire Wells Fargo, N.A., to Administer the P n. Councilmember Bolkcom said if they discoti there be any danger because it is not going to Dr. Burns replied they will still have the IC completed the conversion. This establishes f with ICMA. The resolution was drafted by the ICMA but are waiting for Wells Fargo would n until November. deferred compensation plan until they have intent to terminate the business arrangement Fritz Knaak, City Attorney, stated the purpose of this esolution is to create and set a process by which the ICMA plan will be terminated. This acti is the first step they need to take to terminate the plan and to create a seamless transitionbTe en that plan and the plan that has been proposed by Wells Fargo. Richard D. Pribyl, Finance Director/Treasurer, stated this is a airly lengthy process. They have a timetable right now and it is four pages long full of activiti in this process. This actually initiates the process of termination. In this timetable, there is wh t is called a quiet period at the very end of the process where the contributions will cease for t1Xt period of time during the actual turnover of the assets between the two retirement corporations. N FRIDLEY CITY COUNCIL MEETING OF MAY 8.2006 PAGE 18 ' MOTION by Councilmember Bolkcom adopting Resolution No. 2006-24. Seconded by Councilmember Brings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIAD UNANIMOUSLY. 4. Approve 200` SCORE Grant Agreement for Recycling Program. Councilmember Bollkcom asked why it took so long for the agreement to come before Council. Julie Jones, Planning Pordinator, replied there is no rush when they get these agreements to approve them until July. They do not get their first funding payment until July from the County. Councilmember Billingk stated there was some discussion previously about their ability to use the finds that they are co ecting for the sale of recyclable materials. He asked about the status of that. Ms. Jones replied that has kot been worked out. Staff has been working with County staff and had asked if they could c ge their agreement or their funding policy to accommodate our situation. There were some delays in bringing this agreement forward because of that. They looked at their financial situs 'on and have decided they will proceed to use the revenues from the recycling contract for special events by like the electronics drop off that happened in April and they will continue to do the best to qualify for as much, if not all of, the SCORE fiends that we are qualified for. Unfortuna ly, we did not work out a situation with the County where we could completely balance our d if we wanted to. They are moving forward with the agreement as written. Mr. Hickok said they analyzed w2ert iwould be in the City's best interests to not sign the SCORE funding agreement and utour funds in a manner that would be appropriate for our citizens but would still maximize the d llars to the people without having all of the red tape and strings attached to SCORE funding. tall determined they will continue to work with the County on SCORE funding. Ms. Jones stated staff felt in the long term at is it was in the City's best interests to continue our relationship with the County and work wi them. Councilmember Bolkcom asked if the tonnageom the City's special events counts towards the City's total tonnage. Ms. Jones replied, yes. She would say they have noproblem making their goal in 2006 because of the tonnage they received at the last event. r William Burns, City Manager, stated his recollection i the problem they had is that we are penalized by the County if we use the additional shared reveue from the hauler to cover some of our losses for the basic recycling program. The $60,000 plu they are getting from the County does not cover all of the recycling coordinator's salary. It covers only a percentage of the AGENDA ITEM CITY COUNCIL MEETING OF MAY 812006 CITY OF FRIDLEY Date: May 1, 2006 To: William Burns, City Manager AV From: Scott Hickok, Community Development Director Julie Jones, Planning Coordinator Stacy Stromberg, Planner Subject: Variance Request, VAR #06-04, Michael McPhillips M-06-53 INTRODUCTION The petitioner, Michael McPhillips is seeking a variance to reduce the side yard setback on a corner lot from 17.5 feet to 6 ft. to allow the construction of a 264 square foot addition to the existing attached garage, located at his residence at 291 Sylvan Lane. City Code requires a 17.5 ft. side yard setback for all structures on a corner lot. The existing garage is approximately 18 feet from the side yard property line and meets City code requirements. The petitioner is proposing to construct a 12 ft. by 22 ft. addition to the garage, which will reduce the side yard setback to approximately 6 ft, thus the need for the variance request. The petitioner's property will continue to meet all other setback, lot coverage, and allotment of accessory structure requirements after the proposed garage addition is constructed. The addition to the garage will be used for storage space of vehicles and other garage materials. PLANNING STAFF RECOMMENDATION City Staff has no recommendation as this variance is within previously granted dimensions. Similar variance granted: VAR #90-07 6261 Rainbow Drive Variance granted to reduce the required side yard setback on a corner lot from 17.5 feet to 4.5 feet. APPEALS COMMISSION RECOMMENDATION At the April 26, 2006, Appeals Commission meeting, a public hearing was held for VAR #06-04. The variance was approved by a 3 to 1 vote. Due to there not being a unanimous vote made by the Appeals Commission, this residential variance request is coming before the City Council for final approval. Commissioner Kuechle voted in opposition of the variance request due to lack of hardship. Commissioner Kuechle expressed that the side yard setback variance granted at 6261 Rainbow Drive in 1990 was based on undue hardship related to the installation of the University Avenue Service Drive or due to the expansion of University Avenue. He believes that the petitioners' house was constructed after the installation of the University Avenue Service Road, and therefore undue hardship did not exist on the petitioner's property. After further research staff determined that the house at 6261 Rainbow Drive was constructed in 1953. The University Avenue Service Road was constructed in 1965, and the petitioner's home at 291 Sylvan Lane was constructed in 1969. Therefore, it is very likely that land was taken from the property at 6261 Rainbow Drive when the University Avenue Service Road was constructed, creating a non -conforming side yard setback and undue hardship. However, the property at 291 Sylvan Lane was developed with the Service Road already is place, and therefore the 17.5 corner side yard setback was adhered to. Should the City Council chose to approve the requested variance, staff recommends the following stipulations: STIPULATIONS 1. Petitioner shall obtain all necessary permits prior to construction. 2. Addition shall be architecturally compatible with the existing home and garage and finished with complementary siding and color scheme. 53 City of Fridley Land Use Application VAR #06-04 April 26, 2006 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Michael McPhillips 291 Sylvan Lane Fridley MN 55432 Requested Action: Variance reducing the side yard setback on a corner lot. Existing Zoning: R-1 (Single Family Residential) Location: 291 Sylvan Lane Size: 10,800 sq. ft. .25 acres Existing Land Use: Single Family Home Surrounding Land Use & Zoning: N: Single Family & R-1 E: University Avenue & ROW S: Single Family & R-1 W: Single Family & R-1 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: 205.07.3. D. (2). (c)((1 ))requires a side yard setback of seventeen and one- half (17 Y2) feet on a corner lot. Zoning History: 1957 — Lot is platted. 1969 — House and garage constructed. 1986 — Accessory structure built. Legal Description of Property: Lot 19, Block 2, Sylvan Hills Plat 4 Public Utilities: Home is connected. Transportation: Sylvan Lane provides access to the property. Physical Characteristics: Typical suburban lot and landscaping. SUMMARY OF PROJECT The petitioner, Michael McPhillips is seeking a variance to reduce the side yard setback on a corner lot from 17.5 feet 6 feet to allow an addition to his existing garage at 291 Sylvan Lane. SUMMARY OF HARDSHIP "There is minimal traffic on University Avenue Service Drive north of Sylvan Lane. There is a stop sign on Sylvan Lane before entering the Service Drive eliminating sight problems that could be potentially caused by the new structure." - Michael McPhillips SUMMARY OF ANALYSIS City Staff has no recommendation as this variance is within previously granted dimensions. Similar variance granted: VAR #90-07 6261 Rainbow Drive To reduce the required side yard setback on a corner lot from 17.5 feet to 4.5 feet. CITY COUNCIL ACTION/ 60 DAY DATE City Council — May 8, 2006 60 Day — May 22, 2006 (Proposed Location of Garage Addition) Staff Report Prepared by: Stacy Stromberg VAR #06-04 REQUEST The petitioner, Michael McPhillips is seeking a variance to reduce the side yard setback on a corner lot from 17.5 feet to 6 ft. to allow the construction of a 264 square foot addition to the existing attached garage, located at his residence at 291 Sylvan Lane. SUMMARY OF HARDSHIP "There is minimal traffic on University Avenue Service Drive north of Sylvan Lane. There is a stop sign on Sylvan Lane before entering the Service Drive eliminating sight problems that could be potentially caused by the new structure." - Michael McPhillips ANALYSIS AND CODE REQUIREMENTS The property is zoned R-1, Single Family as are all surrounding properties. The property is located on the northwest comer of Sylvan Lane and University Avenue Service Road. The lot is rectangular shaped and fronts on Sylvan Lane. The home and garage were constructed in 1969. In 1986, an accessory structure was built in the rear yard of the property. This accessory structure was approved through a special use permit for a 2nd accessory structure. At the time of its approval, it was stipulated that a driveway didn't need to be installed to the accessory structure so long as the structure is being used for storage. It appears evident to current City staff that this structure is being used for storage and that there is none or minimal access to the structure from vehicles or trailers. Existing Home City Code requires a 17.5 ft. side yard setback for all structures on a corner lot. The existing garage is approximately 18 feet from the side yard property line and meets City code requirements. The petitioner is proposing to construct a 12 ft. by 22 ft. addition to the garage, which will reduce the side yard setback to approximately 6 ft, thus the need for the variance request. The petitioner's property will continue to meet all other setback, lot coverage, and 55 allotment of accessory structure requirements after the proposed garage addition is constructed. The addition to the garage will be used for storage space of vehicles and other garage materials. City staff has received no comments from neighboring property owners. Location of Proposed Addition and Setback Reduction RECOMMENDATIONS City Staff has no recommendation as this variance is within previously granted dimensions. Similar variance granted: VAR #90-07 6261 Rainbow Drive Variance granted to reduce the required side yard setback on a corner lot from 17.5 feet to 4.5 feet. STIPULATIONS Staff recommends that if the variance is granted, the following stipulations be attached. 1. Petitioner shall obtain all necessary permits prior to construction. 2. Addition shall be architecturally compatible with the existing home and garage and finished with complementary siding and color scheme. CITY OF FRIDLEY APPEALS COMMISSION APRIL 26th, 2006 CALL TO ORDER: Commissioner Kuechle called the regular meeting of the Appeals Commission to order at 7:30 p.m. ROLL CALL: MEMBERS PRESENT: Blaine Jones, Lary Kuechle, Ellard Briesmeister, Brad Sielaff MEMBERS ABSENT: Ken Vos OTHERS PRESENT: Stacy Stromberg, City Planner Michael McPhillips, 291 Sylvan Lane APPROVE PLANNING COMMISSION MEETING MINUETS: - March 22, 2006 MOTION by Commissioner Sielaff, seconded by Commissioner Briesmeister to approve the minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, COMMISSIONER KUECHLE DECLARED THE MOTION CARRIED UNAMINOUSLY. PUBLIC HEARING: 1. Variance request. VAR #06-04, by Michael McPhillips for consideration of a variance to reduce the side yard setback on a corner lot from 17.5 feet to 6 feet to allow a garage addition, generally located at 291 Sylvan Lane NE. MOTION by Commissioner Jones, seconded by Commissioner Briesmeister, to open the public hearing. UPON A UNANIMOUS VOICE VOTE, ALL VOTING AYE, COMMISSIONER KUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 7:33 P.M. Ms. Stromberg, City Planner, presented a request from the petitioner; Michael McPhillips is seeking a variance to reduce the side yard setback on a corner lot from 17.5 feet to 6 ft. to allow the construction of a 264 square foot addition to the existing attached garage, located at his residence at 291 Sylvan Lane. Mr. McPhillips summary of hardship states; "There is minimal traffic on University Avenue Service Drive north of Sylvan Lane. There is a stop sign on Sylvan Lane before entering the Service Drive eliminating sight problems that could be potentially caused by the new structure." Ms. Stromberg stated that the property is zoned R-1, Single Family as are all surrounding properties. The lot is rectangular shaped and fronts on Sylvan Lane. The home and garage were constructed in 1969. In 1986, an accessory structure was built in the rear yard of the property. This accessory structure was approved through a special use permit for a 2nd accessory structure. At the time of its approval, it was stipulated that a driveway didn't need to be installed to the accessory structure so long as the structure is being used for storage. It appears evident to current City staff that this structure is being used for storage and that there is none or minimal access to the structure from vehicles or trailers. Ms. Stromberg reviewed the City Code which requires a 17.5 ft. side yard setback for all structures on a comer lot. The existing garage is approximately 18 feet from the side yard property line and meets City code requirements. The petitioner is proposing to construct a 12 ft. by 22 ft. addition to the garage, which will reduce the side yard setback to approximately 6 ft, thus the need for the variance request. The petitioner's property will continue to meet all other setback, lot coverage, and allotment of accessory structure requirements after the proposed garage addition is constructed. The addition to the garage will be used for storage space of vehicles and other garage materials. Ms. Stromberg stated that City Staff has no recommendation as this variance is within previously granted dimensions. A similar variance granted was granted in 1990: VAR #90-07, 6261 Rainbow Drive Variance granted to reduce the required side yard setback on a comer lot from 17.5 feet to 4.5 feet. Ms. Stromberg stated that Staff recommends that if the variance is granted, the following stipulations be attached. 1. Petitioner shall obtain all necessary permits prior to construction. 2. Addition shall be architecturally compatible with the existing home and garage and finished with complementary siding and color scheme. Commissioner Kuechle questioned if the only other variance request similar to this request was back in 1990. Ms. Stromberg replied yes that is the only one found that was closely related. Commissioner Briesmeister asked why there was no recommendation from City Staff. Ms. Stromberg replied that the City Council has directed City Staff that if a similar variance has been granted in the past, there would be no recommendation on the variance request from City Staff. Commissioner Kuechle invited the petitioner to come forward and asked if Mr. McPhillips had anything else to add to the presentation. Mr. McPhillips, 291 Sylvan Lane, replied that he had nothing to add to the Staff presentation and that all the issues were covered. Commissioner Kuechle commented that normally for a variance request to be granted a true hardship needs to be presented. A clear hardship has not been identified in this variance request. Mr. McPhillips replied that he had additional vehicles and would like to park one in the garage rather than on the street and that the addition would be an asset to the community. Commissioner Sielaff asked if there was any reply from neighbors. Ms. Stromberg replied that no replies have been received. Commissioner Jones asked what is the side yard set back distance on the other side of the house and what the City Code requirement is for an interior lot garage set back. Ms. Stromberg replied that the required setback for living space is 10 feet and Mr. McPhillips currently has 10 feet 2 inches on the west side of his property. The interior lot side yard set back for an accessory structure is 5 feet. Commissioner Jones stated that the required setback in an interior lot is 5 feet, so if the lot was an interior lot the additional garage would not be an issue. Maybe that is the true hardship? People driving on University Avenue will probably not even notice the addition of the garage. Commissioner Briesmeister stated that city ordinance states that you cannot park vehicles on the street. This addition would take care of that issue. Commissioner Kuechle asked for some clarification of the rules for granting a variance. Ms. Stromberg replied that in order to grant a variance request, the property needs to exhibit undue hardship. Undue hardship as defined by the law means that the property cannot be put to a reasonable use if used under the requirements of the code; the need for the variance is due to conditions unique to the property and not created by actions of the land owner; and the variance granted will not alter the character of the neighborhood. Commissioner Sielaff questioned why the house is set back so far on a comer lot. Ms. Stromberg replied that was due to vision safety. MOTION by Commissioner Jones, seconded by Commissioner Sielaff, to close the public hearing. UPON A UNANIMOUS VOICE VOTE, ALL VOTING AYE, COMMISSIONER KUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:45 P.M. Commissioner Sielaff stated that the request would create no obstruction to traffic and had no problem with the request. Commissioner Briesmeister stated he had no objections or issues with this request. Commissioner Jones stated that he had no objections either and if the hardship issue could be worked through, he could support it. The request will not alter the character of the neighborhood and the request is unique to the property. Commissioner Kuechle stated that he could not support this variance request due to the fact that the petitioner did not present a true hardship. If a better hardship is identified, maybe it will go better before the City Council. If this variance is granted without a clear hardship presented, it would not be right to other property owners and would be precedent setting. The variance granted on Rainbow Drive had a hardship because the house was built before University Avenue was expanded and therefore it was impacted by the road expansion. This property is in a different situation. The City Council will make the final decision on May 8th MOTION by Commissioner Sielaff, seconded by Commissioner Jones to approve Variance Request, VAR #06-04, by Michael McPhillips,to reduce the side yard setback on a corner lot from 17.5 feet to 6 feet to allow a garage addition, generally located at 291 Sylvan Lane NE with the following stipulations: 1. Petitioner shall obtain all necessary permits prior to construction. 2. Addition shall be architecturally compatible with the existing home and garage and finished with complementary siding and color scheme. UPON A VOTE, COMMISSIONER JONES, COMMISSIONER SIELAFF AND COMMISSIONER BRIESMEISTER VOTING AYE, COMMISSIONER KUECHLE VOTING NAY, COMMISSIONER KUECHLE DECLARED THE MOTION CARRIED. This item will be heard at the City Council Meeting on May 8th, 2006. Mr. McPhillips questioned why the property one block south was granted a similar variance request and this one did to get a unanimous vote. Commissioner Kuechle stated that the properties south of Rainbow Drive were built prior to the University Avenue expansion. The house on Rainbow Drive was built before Mr. McPhillips property on Sylvan Lane. Houses built before the University expansion lost property when University Avenue expanded, creating a true hardship for the property owners. The concern is that a true hardship needs to be presented and that requirement has not been met by the petitioner. 2. None 3. Ms. Stromberg stated t t the May 10th meeting has been cancelled but there still may be a May 24th meeting. ere is one item still pending for the agenda so watch email and voice mail for an updat ADJOURNMENT: MOTION by Commissioner Jones seconded by Commissioner Sielaff to adjourn. UPON UNANIMOUS VOICE VOTE, 09MMISSIONER KUECHLE DECLARED THE MEETING ADJOURNED AT 7:55 p.m. Respectfully Submitted, Krista Monsrud Recording Secretary City of Fridley Land Use Application VAR #06-04 April 26, 2006 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Michael McPhillips 291 Sylvan Lane Fridlev MN 55432 Requested Action: Variance reducing the side yard setback on a corner lot. Existing Zoning: R-1 (Single Family Residential) Location: 291 Sylvan Lane Size: 10,800 sq. ft. .25 acres Existing Land Use: Single Family Home Surrounding Land Use & Zoning: N: Single Family & R-1 E: University Avenue & ROW S: Single Family & R-1 W: Single Family & R-1 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: 205.07.3.D.(2).(c)((1))requires a side yard setback of seventeen and one- half (17'/2) feet on a corner lot. Zoning History: 1957 — Lot is platted. 1969 — House and garage constructed. 1986 — Accessory structure built. Legal Description of Property: Lot 19, Block 2, Sylvan Hills Plat 4 Public Utilities: Home is connected. Transportation: Sylvan Lane provides access to the property. Physical Characteristics: Typical suburban lot and landscaping. SUMMARY OF PROJECT The petitioner, Michael McPhillips is seeking a variance to reduce the side yard setback on a corner lot from 17.5 feet 6 feet to allow an addition to his existing garage at 291 Sylvan Lane. SUMMARY OF HARDSHIP "There is minimal traffic on University Avenue Service Drive north of Sylvan Lane. There is a stop sign on Sylvan Lane before entering the Service Drive eliminating sight problems that could be potentially caused by the new structure." - Michael McPhillips SUMMARY OF ANALYSIS City Staff has no recommendation as this variance is within previously granted dimensions. Similar variance granted: VAR #90-07 6261 Rainbow Drive To reduce the required side yard setback on a corner lot from 17.5 feet to 4.5 feet. CITY COUNCIL ACTION/ 60 DAY DATE City Council — May 8, 2006 60 Day — May 22, 2006 (Proposed Location of Garage Addition) Staff Report Prepared by: Stacy Stromberg jf V lll�� V VAR #06-04 REQUEST The petitioner, Michael McPhillips is seeking a variance to reduce the side yard setback on a corner lot from 17.5 feet to 6 ft. to allow the construction of a 264 square foot addition to the existing attached garage, located at his residence at 291 Sylvan Lane. SUMMARY OF HARDSHIP "There is minimal traffic on University Avenue Service Drive north of Sylvan Lane. There is a stop sign on Sylvan Lane before entering the Service Drive eliminating sight problems that could be potentially caused by the new structure." - Michael McPhillips ANALYSIS AND CODE REQUIREMENTS The property is zoned R-1, Single Family as are all surrounding properties. The property is located on the northwest corner of Sylvan Lane and University Avenue Service Road. The lot is rectangular shaped and fronts on Sylvan Lane. The home and garage were constructed in 1969. In 1986, an accessory structure was built in the rear yard of the property. This accessory structure was approved through a special use permit for a 2nd accessory structure. At the time of its approval, it was stipulated that a driveway didn't need to be installed to the accessory structure so long as the structure is being used for storage. It appears evident to current City staff that this structure is being used for storage and that there is none or minimal access to the structure from vehicles or trailers. Existing Home City Code requires a 17.5 ft. side yard setback for all structures on a comer lot. The existing garage is approximately 18 feet from the side yard property line and meets City code requirements. The petitioner is proposing to construct a 12 ft. by 22 ft. addition to the garage, which will reduce the side yard setback to approximately 6 ft, thus the need for the variance request. The petitioner's property will continue to meet all other setback, lot coverage, and allotment of accessory structure requirements after the proposed garage addition is constructed. The addition to the garage will be used for storage space of vehicles and other garage materials. City staff has received no comments from neighboring property owners. RECOMMENDATIONS City Staff has no recommendation as this variance is within previously granted dimensions. Similar variance granted: VAR #90-07 6261 Rainbow Drive Variance granted to reduce the required side yard setback on a corner lot from 17.5 feet to 4.5 feet. STIPULATIONS Staff recommends that if the variance is granted, the following stipulations be attached. 1. Petitioner shall obtain all necessary permits prior to construction. 2. Addition shall be architecturally compatible with the existing home and garage and finished with complementary siding and color scheme. Land Planning su�u%i7J'W%2 6875 Highway No.65 N.E. Land Surveying ' • /s Minnea olis Sails Testing �n�rine�il'n, V%ZVe Minn. 55432 Civil Engineering Telephone 784-6066 Municipal Engineering Engineers & Surveyors Area Code 612 Mortgage Loan Survey for 'K%thmA W -9W liQs I=j 9.9 _., shed' LL) � � 1.L1 coa a• Dt r 1SF k it �— 'd' all, 14 �-ff I I IF .Q V PRoP. ` be c� �a L!11.bi L� W 24.33 tz 93LP u r � ° SYLVI-\ti LAME LOT 19 BLOC14 2, SYLVAN: WILLS PLAT 4. Michael McPhillips, Press. (812) 571.8151 n4 stAG " Construction Staking Land Surveying DIP a survey of the boundaries of the land above described and of the all visible encroachments, if any, from or on said land. This survey is -an now being placed on the property and no liability is assumed ,y other interest acquired by the reason of such mortgage. It is ,sen laced for the purpose of establishing lot lines or boundary D. I qj , SUBURBAN ENGINEERING, INC. Enginse or by Suryt MIMI V, not Vii ' .5�yjc4vv-(-> - --- - - Gar CIN OF FRIDLEY 6431 UNIVERSITY AVENUE FRIDLEY, MN 55432 (763) 572-3592 COMMUNITY DEVELOPMENT DEPARTMENT VARIANCE APPLICATION FOR: Residential Commercial/Industrial Signs PROPERTY INFORM TION: (certific to of survey required for submittal, see attached) Address: ' 9 I `�uqn LdAk, �4 Property Identification"Number: Legal Description: Lot lel Block t Tract/Addition Wgavi"IM PIP Current Zoning: V 0 d Square Footage/acreage: N 0i no � Reason for Variance: Have you operated a business in a city which required a business license? Yes No >k If Yes, which City? If Yes, what type of business? Was that license ever denied or revoked? Yes No FEE OWNER INFORMATION (as it appears on the property title) (Contract pprchasers: Fee oyvfers must sign this form prior to processing.) NAME: 101104, . 6.1 �V �l6li ADDRESS: 16)1 1_ DAYTIME PHONE: -M -�11- %1�_ SIGNATURE/DATE• 3-13-b, IVIVIVINIt11VI.IIVIV�Vw.w..Y1ViV/V/V1VI.IIr1VPr/VI�/w./YIV/H/1.1/Hw.1./IV/VI V/V/�//VIVI1/1V AYNi+�/w1/V �VI./1V.VA/I�In.IIW /VnH/1/1V I./ISI/VN/VI�I.VI./I�IN/V'V/i/AII/VAI1V WHIN PETITIONER INFORMATION. NAME: VT Khatll� ADDRESS: DAYTIME PHONE: SIGNATURE/DATE: 1BO V E IHIVIVIVIVI�IIVIVAIIY/VN/VIVIVNI�IIVIV/VIYI�IN/�/IVIV/�/I�IIVIVAYI/�I/VIVIV/V/VN/.II�IIV/VI�I.VMI VIV /./1V /Yi►//�1/V MVI./N1VNI�/I�IIVI.INMIVIVIVIVIVIVI�IIVIVIVIVIV Section of City Code: FEES Fee: 400.00 for commercial, industrial, or signs: Fed: $250.00 for residential properties: Receipt #: q Received By: Ap�Hcation Number: Scheduled Appeals Commission D te: �r_1 / 2. kt 0 Scheduled City Council Date: M 10 Day Application Complete Notificat Date: --t5 60 Dav Date: 5 -ad -0 VARIANCE APPLICATION SUBMISSION CHECKLIST The following shall be the minimum submission requirements to the Appeals Commission. Applications will not be accepted if the following is not submitted: RESIDENTIAL: ITEM SUBMITTED RECEIVER'S COMPLETE REVIEWER'S INITIALS INITIALS Completed application, with fee (Application is considered complete if all blanks are completed, and both fee owner and petitioner have signed.) Scaled certificate of survey, by a certified surveyor, of property showing north arrow, existing and proposed structures, lot and block number, adjacent street names, and buildings on adjacent lots within 10 feet of the common lot lines. Elevation of building and description of materials. Narrative of proposed building, and hardship statement. COMMERCIAL AND INDUSTRIAL: ITEM SUBMITTED RECEIVER'S COMPLETE REVIEWER'S INITIALS INITIALS Completed application, with fee (Application is considered complete if all blanks are completed, and both fee owner and petitioner have signed.) Scaled certificate of survey, by a certified surveyor, of property showing north arrow, existing and proposed structures, lot and block number, adjacent street names, and buildings on adjacent lots within 10 feet of the common lot lines. Elevation of building and description of materials. Landscape plan for all projects requiring a parking lot expansion of four 4 or mores aces. Grading and drainage plan. Erosion control plan. CITY OF FRIDLEY PUBLIC HEARING NOTICE BEFORE THE APPEALS COMMISSION TO: All property owners/residents within 350 feet of property generally located at 291 Sylvan Lane NE. CASE NUMBER: Variance, VAR #06-04 APPLICANT. Michael McPhillips Petitioner or representative must attend the Appeals Commission meeting. PURPOSE. Petitioner is requesting a variance to reduce the side yard setback on a corner lot from 17.5 feet to 6 feet to allow a garage addition. LOCATION OF 291 Sylvan Lane NE PROPERTYAND LEGAL Lot 19, Block 2, Sylvan Hills Plat 4 DESCRIPTION: DATE AND TIME OF Appeals Commission Meeting: HEARING: Wednesday, April 26, 2006, at 7:30 p.m. The Appeals Commission Meetings are televised live the night of the meeting on Channel 17. PLACE OF Fridley Municipal Center, City Council Chambers HEARING: 6431 University Avenue N.E., Fridley, MN HOW TO 1. You may attend hearings and testify. PARTICIPATE. 2. You may send a letter before the hearing to Stacy Stromberg, Planner, at 6431 University Avenue N.E., Fridley, MN 55432 or FAX at 763-571-1287. SPECIAL Hearing impaired persons planning to attend who need an ACCOMODATIONS: Interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no later than April 19, 2006. The TDD # is 763-572-3534. ANY QUESTIONS: Contact Stacy Stromberg, Planner, at 763-572-3595. *PROPOSED CITY The proposed City Council meeting date for this item will be COUNCIL MEETING on Monday, May 8, 2006. *This date is subject to change depending on the outcome of the Appeals Commission meeting. Please confirm City Council date prior to attending City Council meeting. (Please note residential variances, if approved by Appeals Commission do not go on to City Council only if they are denied. Commercial variances do go on to City Council weather they are approved or denied by the Appeals Commission. Mailed: April 14, 2006 ITCOMMUNITY DEVELOPMENT DEPARTMENT FRIDLEY PUBLIC HEARING NOTICE CATY LOU- — - SATELLITE LN FOU/ r 00 (3) 201 232 6390 ry / N I oN ti �C 1 BURY DR c gt- Y \\ 7 ti 10 6170 Z G C Z 00 <N m �o cn .N � oD °0 <N m w � 6160616 676° 6150 61,617 0 6315 6299 6279 6205 6257 _- s �' n r �� ,, 674 y s \ % � ° � i SOURCES N Fridley Engineering Variance: VAR #06-04 Fridley GIS Anoka County GIS Petitioner: Michael McPhillips W E 291 Sylvan Lane NE 5 Map Date: April 14, 2006 6341 6315 350 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 6315 UNIVERSITY AVE NE 6299 UNIVERSITY AVE NE 241 MERCURY DR NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 255 MERCURY DR NE 288 MERCURY DR NE 278 MERCURY DR NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 266 MERCURY DR NE 256 MERCURY DR NE 244 MERCURY DR NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 234 MERCURY DR NE 241 SYLVAN LN NE 251 SYLVAN LN NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 261 SYLVAN LN NE 271 SYLVAN LN NE 281 SYLVAN LN NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 291 SYLVAN LN NE 6390 UNIVERSITY AVE NE 6260 RAINBOW DR NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 6250 RAINBOW DR NE 6240 RAINBOW DR NE 6230 RAINBOW DR NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 6220 RAINBOW DR NE 6280 UNIVERSITY AVE NE 280 SYLVAN LN NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 270 SYLVAN LN NE 260 SYLVAN LN NE 250 SYLVAN LN NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 240 SYLVAN LN NE 6279 UNIVERSITY AVE NE 6205 UNIVERSITY AVE NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 C17YOF FRIDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 (763) 571-3450 • FAX (763) 571-1287 • TIDfITY (763) 572-3534 April 10, 2006 Michael McPhillips 291 Sylvan Lane NE Fridley MN 55432 Dear Mr. McPhillips: Per Minnesota Statute 15.99, local government units are required to notify land use applicants within 15 working days if their land use applications are complete. We officially received your application for a variance on March 24, 2006. This letter serves to inform you that your application is complete. Your Variance application hearing and discussion will take place at the City of Fridley Appeals Commission Meeting on April 26, 2006 at 7:30 P.M. in the City Council Chambers at 6431 University Avenue. If your variance application needs to be reviewed by the City Council, the meeting will be held on May 8, 2006 at 7:30 in the City Council Chambers. If you have any questions regarding this letter or the process, please feel free to contact me at 763-572-3595. Sincerely, 1 Stacy t m erg Planner C-06-27 I Land Planning sffiee4an(F 6875 Highway No.65 N.E. Land Surveying ' ' Minneapolis, Soils Testingnqfne��tn'? V Ile. Minn. 55454 Civil Engineering Telephone 784-6066 Municipal Engineering Engineers & Surveyors Area Code 612 Mortgage Loan Survey for 'K%dwaA %At?l <111►ps -19.15- 1 ISF 'r 29� 14 PR(,P. GAR N . Il W uJ uJ >1- Q a be L.S.j W LP z t SYLVP\H LAME LOT 19 BLOC 14 2, SYLVAN: WILLS PLAT 4- Michael McPhillips, Pres. (612) 871.8151 Construction Staking Land Surveying Df a survey of the boundaries of the land above described and of the all visible encroachments, if o6y, from or on said land. This survey is 'an now being placed on the property and no liability is assumed ly other interest acquired by the reason of such mortgage. It is leen laced for the purpose of establishing lot lines or boundary 0.1gj , SUBURBAN ENGINEERING, INC. Enginey�s Svry or Ze by�.. C) 0 N O O 002007 � ?�P`�i�U�txaa��a+.�tr�Gsh�srrR�xco� Scale 1:4057 �i 0 O O N O O Page 1 of 2 Anoka Cup Property Account Summary Number :Certificate Date No Certificates Found Lot Size S80* ........................................................................................................ Year Built 1969 * Lot Size: Approximate lot size in feet, clockwise bei https://prtinfo.co.anoka.mn.us/(rxnga555ils4oOngxaorOz55)/result.aspx 4/17/2006 R�JV kVY Development Review Committee Worksheet Address: 291 Sylvan Lane Land Use Case: VAR #06-04 ❑ Paul Bolin ❑ Kevin Hanson ❑ Rachel Harris ❑ Jon Haukaas ❑ Scott Hickok ❑ Dave Jensen ❑ Julie Jones ❑ Ron Julkowski Planning Issues: ❑ Setbacks Lot coverage A- i i, ❑ Allowable square footage ❑ Height ❑ Landscape ❑ Hardship statement/narrative Vi (o by Building Issues: ❑ IBC ❑ Ralph Messer ❑ Layne Otteson ❑ Mary Smith Stacy Stromberg Engineering Issues: ❑ Drainage ❑ Utilities ❑ Curbing requirements FE - Fire Fire Issues: ❑ Truck access ❑ Sprinkler requirements ❑ Hydrant location Com N Vel W 4 1 h yf e'G fir �vyv Vkn 4_A a Uk I t A OL 6 R ~A C�,� � V�� Ito V" I VA hq V\j 0 VtA r '!N MIIIA nA e: A Date: L q E XVI �f/) v "IV _ # CAAMU,M i -w Development Review Committee Worksheet Address: 291 Sylvan Lane Land Use Case: VAR #06-04 Building Issues: ❑ IBC ❑ Stipulations: Comments: Fire Issues: ❑ Truck access ❑ Sprinkler requirements ❑ Hydrant location ❑ Name: Date: I� Paul Bolin ❑ Scott Hickok ❑ Ralph Messer ❑ Kevin Hanson o Dave Jensen ❑ Layne Otteson ❑ Rachel Harris ❑ Julie Jones v Mary Smith ❑ Jon Haukaas ❑ Ron Julkowski ❑ Stacy Stromberg Planning Issues: o Setbacks Engineering Issues: ❑ Lot coverage ❑ Drainage ❑ Allowable square footage o Utilities ❑ Height ❑ Curbing requirements ❑ Landscape ❑ ❑ Hardship statement/narrative Building Issues: ❑ IBC ❑ Stipulations: Comments: Fire Issues: ❑ Truck access ❑ Sprinkler requirements ❑ Hydrant location ❑ Name: Date: I� Development Review Committee Worksheet Address: 291 Sylvan Lane Land Use Case: VAR #06-04 ❑ Paul Bolin Scott Hickok ❑ Ralph Messer ❑ Kevin Hanson ❑ Dave Jensen ❑ Layne Otteson ❑ Rachel Harris ❑ Julie Jones ❑ Mary Smith ❑ Jon Haukaas ❑ Ron Julkowski ❑ Stacy Stromberg Planning Issues: ❑ Setbacks ❑ Lot coverage ❑ Allowable square footage ❑ Height ❑ Landscape ❑ Hardship statement/narrative Building Issues: ❑ IBC Stipulations: Engineering Issues: ❑ Drainage ❑ Utilities ❑ Curbing requirements Fire Issues: ❑ Truck access. ❑ Sprinkler requirements ❑ Hydrant location Comments e PW i+.PAAAAP . AiiA-�rr-P2- QF F,, / -'� PP gni Name: Date: Development Review Committee Worksheet Address: 291 Svlvan Lane Land Use Case: VAR #06-04 ❑ Paul Bolin ❑ Scott Hickok ❑ Ralph Messer ❑ Kevin Hanson ❑ Dave Jensen ❑ Layne Otteson ❑ Rachel Harris X Julie Jones ❑ Mary Smith ❑ Jon Haukaas ❑ Ron Julkowski ❑ Stacy Stromberg Planning Issues: ❑ Setbacks ❑ Lot coverage ❑ Allowable square footage ❑ Height ❑ Landscape ❑ Hardship statement/narrative 13 Building Issues: ❑ IBC Stipulations: Enaineerina Issues: ❑ Drainage ❑ Utilities ❑ Curbing requirements Fire issues: ❑ Truck access ❑ Sprinkler requirements v Hydrant location Name: Date: �� Development Review Committee Worksheet Address: 291 Svlvan Lane Land Use Case: VAR #06-04 ❑ Paul Bolin ❑ Scott Hickok o Ralph Messer o Kevin Hanson ❑ Dave Jensen a Layne Otteson ❑ Rachel Harris ❑ Julie Jones ❑ Mary Smith o Jon Haukaas o Ron Julkowski o Stacy Stromberg Planning Issues: o Setbacks Engineering Issues: ❑ Lot coverage o Drainage ❑ Allowable square footage ❑ Utilities ❑ Height ❑ Curbing requirements ❑ Landscape ❑ ❑ Hardship statement/narrative Building Issues: ❑ IBC Stipulations: Comments: Fire Issues: o Truck access ❑ Sprinkler requirements ❑ Hydrant location P Name: Date: Development Review Committee Worksheet Address: 291 Sylvan Lane Land Use Case: VAR #06-04 ❑ Paul Bolin ❑ ❑ Kevin Hanson ❑ ❑ Rachel Harris ❑ ❑ Jon Haukaas ❑ Plannina Issues: ❑ Setbacks ❑ Lot coverage ❑ Allowable square footage ❑ Height n Landscape ❑ Hardship statement/narrative LI Building Issues: ❑ IBC ❑ Stipulations: Comments: Scott Hickok & Ralph Messer Dave Jensen ❑ Layne Otteson Julie Jones ❑ Mary Smith Ron Julkowski ❑ Stacy Stromberg Engineering Issues: ❑ Drainage ❑ Utilities ❑ Curbing requirements Fire Issues: ❑ Truck access ❑ Sprinkler requirements ❑ Hydrant locaon ty- Name: Date: -/ 41(q, Development Review Committee Worksheet Address: 291 Sylvan Lane Land Use Case: VAR #06-04 o Paul Bolin ❑ Scott Hickok a Ralph Messer ❑ Kevin Hanson ❑ Dave Jensen ❑ Layne Otteson Rachel Harris ❑ Julie Jones ❑ Mary Smith ❑ Jon Haukaas ❑ Ron Julkowski ❑ Stacy Stromberg Plannina Issues: • Setbacks ❑ Lot coverage ❑ Allowable square footage ❑ Height ❑ Landscape ❑ Hardship statement/narrative Building Issues: ❑ IBC Stipulations: Comments: Enaineerina Issues: ❑ Drainage ❑ Utilities ❑ Curbing requirements Fire Issues: ❑ Truck access ❑ Sprinkler requirements ❑ Hydrant location Date:(��'y r Development Review Committee Worksheet Address: 291 Sylvan Lane Land Use Case: VAR #06-04 ❑ Paul Bolin ❑ Scott Hickok ❑ Ralph Messer ❑ Kevin Hanson ❑ Dave Jensen ❑ Layne Otteson ❑ Rachel Harris ❑ Julie Jones ❑ Mary Smith ❑ Jon Haukaas ❑ Ron Julkowski ❑ Stacy Stromberg Planning Issues: ❑ Setbacks Engineering Issues: ❑ Lot coverage ❑ Drainage ❑ Allowable square footage ❑ Utilities ❑ Height ❑ Curbing requirements ❑ Landscape ❑ ❑ Hardship statement/narrative Fire Issues: ❑ Truck access Building Issues: ❑ Sprinkler requirements ❑ IBC ❑ Hydrant location Stipulations: 2cc. g h 30 40 1\ 09 q Date: Development Review Committee worksheet Address: 291 Sylvan Lane Land Use Case: VAR #06-04 ❑ Paul Bolin ❑ Scott Hickok ❑ Ralph Messer ❑ Kevin Hanson ❑ Dave Jensen ❑ Layne Otteson ❑ Rachel Harris ❑ Julie Jones >0 Mary Smith ❑ Jon Haukaas ❑ Ron Julkowski ❑ Stacy Sb omberg Planning Issues: ❑ Setbacks ❑ Lot coverage ❑ Allowable square footage ❑ Height , ❑ Landscape ❑ Hardship statement/narrative Building Issues: ❑ IBC Stipulations: Comments: Engineering Issues: ❑ Drainage ❑ Utilities Curbing requirements Fire Issues: ❑ Truck access ❑ Sprinkler requirements ❑ Hydrant location Name: Date: --• UNOF FRIDLEY FRIDLEY MUNICIPAL CENTER - 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 (763) 571-3450 - FALM 0aUNG ftD1 TY (763) 572-3534 ACTION TAKEN NOTICE May 15, 2006 Michael McPhillips 291 Sylvan Lane Fridley MN 55432 Dear Mr. McPhillips: On Monday, May 8, 2006, the Fridley City Council officially approved your Variance, VAR #06- 04, to reduce the side yard setback on a comer lot from 17.5 feet to 6 feet to allow an addition to the existing garage, legally described as Lot 19, Block 2, Sylvan Hills Plat 4, generally located at 291 Sylvan Lane. Approval of this variance is contingent upon the following stipulations: 1. Petitioner shall obtain all necessary permits prior to construction. 2. Addition shall be architecturally compatible with the existing home and garage and finished with complementary siding and color scheme. You have one year from the date of the City Council 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 763-572-3590. y ely, Hickokunity Development Director SH/jb cc: Variance File/Address File ndy Stanger Stacy Stromberg Please review the above, sign the statement below and return one copy to the City of Fridley Planning Department by May 26, 2006. Concur with action taken. C-06-34