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VAR04-07415513 STATE OF MINNESOTA ) APPEALS COMMISSION PROCEEDINGS VARIANCE COUNTY OF ANOKA ) CITY OF FRIDLEY ) In the Matter of: A Variance, VAR #04-07 Owner: Nola Gilbertson Trustee The above entitled matter came before the Appeals Commission of the City of Fridley and was heard on the 26th day of May, 2004, on a petition for a variance pursuant to the City of Fridley's Zoning Ordinance, for the following described property: To reduce the rear yard setback from 26.8 feet to 25 feet to allow the construction of a three season porch, legally described as northerly 135 feet of Lot 5, Block 1, Elwells Riverside Heights (as measured along easterly line and parallel with northerly line thereof, subject to easement of record, generally located at 181 Talmadge Way NE. IT IS ORDERED that a variance be granted as upon the following conditions or reasons: Approval with one stipulation. See Appeals Commission meeting minutes of May 26, 2004. STATE OF MINNESOTA ) COUNTY OF ANOKA ) CITY OF FRIDLEY ) OFFICE OF THE CITY CLERK I 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 i''� 2004. City of Fridley 6431 University Avenue N.E. C a �, • SWI Fridley, MN 55432 Debra A. Skogen, City Clerk P (SEAL) Variances are valid for a period of one year following approval and shall be considered void if not used within that period. CITY OF FRIDLEY APPEALS COMMISSION MEETING, MAY 26, 2004 Page 3 of 7 i r Mr. and Mrs. Scott, the petitioners, stat/ti. met with City Staff and fully understand the procedure and agree with the stipulationt to improve the appearance of their property and will add landscaping at a leir neighbors have been very supportive. MOTION by Mr. Zinter, seconded by Mclose the public hearing. UPON A VOICE VOTE, ALL VOTING IPERSON VOS DECLARED THE MOTION CARRIED UNAMINOUSLY AND THERING CLOSED AT 7:40 P.M. Mr. Zinter stated this is a small varia ce request and the addition will be a positive impact on the property. Mr. Jones stated he can see the eed for the variance, but he understands the hardship and supports the variance. Ms. Jackson agreed that the to lines will be better as a result of this variance. Dr. Vos stated he viewed th property and believes the variance will allow for an improvement in the site lines. MOTION by Mr. Jones, Oconded by Ms. Jackson to approve VAR #04-06, by George & Patricia Scott, to reduc the front yard setback from 26 feet to 22.3 feet to allow for the construction of an add' ion, legally described as the west 90 feet of Lots 1 & 2, Block 3, of Shaffer's Subdivision o. 1, according to the duly recorded plat on file in the office of the Anoka County Recorder, g erally located at 876 76th Avenue, with the following stipulations: 1. Petition r shall obtain all necessary building permits prior to construction of any additio . 2. Additi n shall meet all other zoning code requirements, including but not limited to setba ks, height and lot coverage. 3. Addi ons shall be architecturally compatible with existing house. UPON A VOI(t VOTE, ALL VOTING AYE, CHAIRPERSON VOS DECLARED THE MOTION CARRIED UWANIMOUSLY. 2. PUBLIC HEARING: VARIANCE REQUEST, VAR #04-07, BY ARNOLD GILBERTSON. Per Section 205-07.3.D(3)((a)) of the Fridley Zoning Code, to reduce the rear yard setback from 26.8 feet to 25 feet to allow the construction of a three season porch, legal described as northerly 135 feet of Lot 5, Block 1, Elwells Riverside Heights (as measured along easterly line parallel with northerly line thereof), subject to easement of record, generally located at 181 Talmadge Way NE. MOTION by Ms. Jackson seconded by Mr. Jones, to waive the reading and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON VOS DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPEND AT 7:44 P.M. Ms. Stromberg stated the petitioner is seeking a variance to reduce the rear yard setback from 26.8 feet to 25 feet to allow the construction of a 12 foot by 26 foot three season porch in the exact location of their existing deck at their home located at 181 Talmadge Way. CITY OF FRIDLEY APPEALS COMMISSION MEETING, MAY 26, 2004 Page 4 of 7 Ms. Stromberg presented the petitioner's summary of hardship reads as follows: "We are wishing to build a three season porch on the existing deck. This would enable us to get better use of this area during the early spring and late fall. The existing deck would be removed." Ms. Stromberg stated the property is zoned R-1 Single Family as are all surrounding properties. The property is located on the east side at the end of the Talmadge Way cul-de-sac. The existing home was constructed in 1959 with an addition being constructed in 1983. The existing garage was built in 1970. Ms. Stromberg stated that the City code requires a rear yard setback with a depth of not less than 25% of the lot depth. In the petitioner's case, the minimum rear yard setback is 26.8 feet. The petitioner currently has a 12 foot by 26 foot deck off the back of his home. He is requesting a variance to convert his existing deck into a three season porch which will be deficient in meeting the rear yard setback requirement by 20 inches. Ms. Stromberg stated the staff has no recommendation as similar variances have been granted in the past. • VAR #04-03 5365 Matterhorn Drive. Variance approved to reduce the rear yard setback from 25 feet to 16.4 feet. • VAR #02-16 6065 McKinley Street. Variance approved to reduce the rear yard setback from 32 feet to 14 feet. Ms. Stromberg stated that if the variance is granted, the following stipulation shall be attached: 1. Petitioner shall obtain all necessary building permits prior to construction of the three season porch. Mr. Jones asked if the deck was built when the house was built. Ms. Stromberg stated she could find no building permit on file for the deck. Mr. Jones asked if the petitioner would be allowed to build a deck off the three season porch. Ms. Stromberg stated the deck can encroach into the rear yard setback by 10 feet, so they could build a deck. Arnold Gilbertson, petitioner, stated the stipulation recommended by staff is acceptable. Mr. Jones asked if the deck was part of the original house. Mr. Gilbertson responded the deck was added 15 years ago over a concrete patio. The deck and concrete pad will be removed to allow for the construction of the three season porch. He pointed out that the north setback is adequate but because of the narrowing the lot to the south, the rear yard smaller. MOTION by Mr. Zinter, seconded by Mr. Jones to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON VOS DELARED THE MOTION CARRIED UNAMINOUSLY AND THE PULBIC HEARING CLOSED AT 7:50 P.M. Ms. Jackson stated that the existing deck fits the structure and the lot so replacing it with an addition of the same size is not a problem to her. e 1 CITY OF FRIDLEY APPEALS COMMISSION MEETING, MAY 26, 2004 Page 5 of 7 Mr. Jones questioned if the setback is from the foundation. Ms. Stromberg stated that is correct. Mr. Jones stated he has no problem with this variance. Mr. Zinter stated he sees this as typical changes on Fridley property and has no objections to this variance. Dr. Vos stated he viewed the petitioner's property and noticed that it's very difficult to determine the rear property line anyway, so he doesn't think this will impact the neighbor. MOTION by Mr. Zinter, seconded by Ms. Jackson, to approve VAR #04-07, by Arnold Gilbertson, to reduce the rear yard setback from 26.8 feet to 25 feet to allow the construction of a three season porch, legally described as northerly 135 feet of Lot 5, Block 1, Elwells Riverside Heights (as measured along easterly line parallel with northerly line -thereof), subject to easement of record, generally located at 181 Talmadge Way NE with the following stipulation: 1. Petitioner shall obtain all necessary building permits prior to construction of three season porch. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON VOS DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. AT PETITIONER'S REQUEST 4. PUBLIC HEARING: VARIANCE REQUEST. VAR #04-09. BY JAMCS MUNUULIA Per Section 2 .07.3.D.(1) of the Fridley Zoning Code, to reduce the front yard setback from 2 eet to 16.6 feet to recognize an existing non -conformity, legally described as Lot 1, Block 4, Moore Lake Hills, generally located at 1313 Hillcrest Drive NE. MOTION by Ms. Jackson, secon ed by Mr. Zinter, to open the public hearing. UPON A VOICE VOTE, ALL VOTI G AYE, CHAIRPERSON VOS DECLARED THE MOTION CARRIED UNANIMOUSLY AND T PUBLIC HEARING OPENED AT 7:52 P.M. Ms. Stromberg stated the petitioner, Mr. ondoux, on behalf of the homeowner at 1313 Hillcrest Drive is seeking a variance to reduce the equired front yard setback from 25 feet to 16.6 feet in order to recognize an existing non-confor 'ty. Ms. Stromberg presented the petitioner's hardsh variance for 1313 Hillcrest Drive. The conditio s believe they have been since the house was bw non -conforming because the front of the house f from the left comer of the house to the property I Ms. Stromberg stated the property is zoned R-1 The property is located on the corner of Hillcrest p statement as follows: "I am requesting a of the lot are unique to this property and I in approximately 1950. The lot is deemed _ing Woody Lane is approximately 16 feet Sinkle Family as are all surrounding properties. Driv and Woody Lane. The existing home r CITY OF FRIDLEY APPEALS COMMISSION MEETING, MAY 26, 2004 Page 6 of 7 was built prior to 1949. The property has, at minimum, an 18 foot boulevard on both Hillcrest Drive and Woody Lane. Ms. Stromberg stated that the ity code requires a minimum front yard setback of 25 feet for all structures in the R-1 Single Fa ily zoning district. The petitioner is seeking to reduce the front yard from 25 feet to 16.6 feet to imply recognize an existing non -conformity. Ms. Stromberg stated that the pe 'tioner plans to construct an 8 foot by 12 foot deck off the back of the home. The proposed deck ill meet all setback and lot coverage requirements. As was stated earlier, in order to construct n addition (deck) to this home, recognition of the front yard setback non -conformity is required. Ms. Stromberg stated City Staff recd mends approval of this variance request as this variance is simply recognizing a pre-existing co dition and approving this variance should not set a precedent for undeveloped lots in the f ure. Ms. Stromberg stated the staff recomme ds that if the variance is granted, the following stipulations be attached. 1. Petitioner shall obtain all necessa building permits prior to construction of the deck. 2. Deck shall meet all zoning code req irements, including but not limited to setbacks, height and lot coverage. Dr. Vos stated he believes the deck dimension are actually 12 x 18 not 12 x 8 as stated in the staffs presentation. Dr. Vos read a letter from Maija and Frank Sedzi arz, 1318 Hillcrest Drive, speaking in support of this variance request. MOTION by Mr. Jones, seconded by Ms. Jackson Sedzielarz into the record. UPON A VOICE VOTE, ALL VOTING AYE, CARRIED UNANIMOUSLY. Ms. Stromberg stated that the deck is 12 x 18 as Mr. Vos pt this letter from Maija and Frank VOS DECLARED THE MOTION out. Peter Mondoux stated his brother is the contractor for the dec to be built on the back of this home. When he requested the building permit for the deck, he as informed of the non- conformity at the front of the lot. He added that the owner, Susa Brenny who was also present, plans future projects on the home and asked if she will h ve to again appear before the Appeals Commission. Chairperson Vos responded that she will not. Once this variance is a roved, it stays with the property. He then asked if the petitioner has any objections to the stiptions. Ms. Brenny stated they're fine. MOTION by Mr. Zinter, seconded by Mr. Blaine, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON VOS DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 7:59 P.R. TORRENS Receipt # 11v a ✓2 ❑ Tax Lien/Release Date/Time o c .dJ ❑ Transfer Doc. Order t of / J ❑ Division ❑ Status Recordability Jan ❑ New legal Description gr�i r ❑ GAC Filing Fees $ ` ❑ Deferred Specials No Change Well Cert Recd ❑ Certified Copy/ ❑ Non-standard Document El/� From Certificate ! 00 # New+ Certificates V K 266 Page/Cert OD F4 r DOCUMENT NO. 475523.0 TORRENS ANOKA COUNTY MINNESOTA I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS FILED IN THIS OFFICE FOR RECORD ON SEP 01 2004 AT AND WAS DULY RECORDED. FEES ANDIA0 ITV T EMAINOUNT OF $19.50 PAID. 2004118256 RECEIPT NO. MAUREEN J. DEVINE ANOKA COUNTY PROPERTY TAXADMINISTRATOR/RECORDER/REGISTRAR OF TITLES TAP BY DEPUTYPROPERTYTAX ADMINISTRATOR/RECORDER/REGISTRAR OF77TLES FRIDLEY MUNICIPAL CENTER - 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 - (763) 571-3450 - FAX (763) 571-1287 APPEALS COMMISSION ACTION TAKEN NOTICE May 28, 2004 Arnold Gilbertson 181 Talmadge Way Fridley MN 55432 Dear Mr. Gilbertson: On Wednesday, May 26, 2004, the Fridley Appeals Commission officially approved your Variance, VAR #04-07, to reduce the rear yard setback from 26.8 feet to 25 feet to allow the construction of a 12 foot by 26 foot three season porch in the exact location of your existing deck, at your home, legally described as northerly 135 feet of Lot 5, Block 1, Elwells Riverside Heights (as measured along easterly line and parallel with northerly line thereof), subject to easement.of record, generally located at 181 Talmadge Way NE. Approval of this variance is contingent upon the following stipulation: 1. Petitioner shall obtain all necessary building permits prior to construction of three season porch. You have one year from the date of the Appeals Commission action to initiate construction. If you cannot begin construction during this time, you must submit a letter requesting an extension at least three weeks prior to the expiration date. If you have any questions regarding the above action, please call me at 763-572-3595. i erel , WJ Stacy Str berg Planner SS/ib cc: Variance File Mary Hintz Stacy Stromberg Please review the above, sign the statement below and retuo ` copy to of Fridl y Planning Department by June 14, 2004. Concur with action taken. C-04-60 City of Fridley Land Use Application VAR #04-07 May 26, 2004 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Arnold Gilbertson 181 Talmadge Way NE Fridlev MN 55432 Requested Action: Variance to reduce the rear yard setback. Existing Zoning: R-1 (Single Family Residential) Location: 181 Talmadge Way Size: 18,283 sq. ft. .44 acres Existing Land Use: Single Family Home. Surrounding Land Use & Zoning: N: Park Land & Public Facilities E: Single Family & R-1 S: Single Family & R-1 W: Single Family & R-1 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Section 205.07.03.D.(3)((a)) requires a rear yard setback with a depth of not less than twenty-five percent (25%) of the lot depth. Zoning History: 1947 — Lot is platted. 1959 — House is built. 1970 — Garage is built. 1983 — Addition to home. Legal Description of Property: North 90 ft. of Lot 5, Block 1, Elwell's Riverside Heights Public Utilities: Home is connected. Transportation: Talmadge Way provides access to the residence. Physical Characteristics: Typical suburban lot and landscaping. SUMMARY OF PROJECT Petitioner, Mr. Gilbertson is seeking a variance to reduce the rear yard setback from 26.8 ft. to 25 ft. to allow the construction of a 12 ft. by 26 ft. three season porch in the exact location of their existing deck, at their home, which is located at 181 Talmadge Way. SUMMARY OF HARDSHIP "We are wishing to build a three season porch on the existing deck. This would enable us to get better use of this area during the early spring and late fall. The existing deck would be removed." - Arnold Gilbertson SUMMARY OF ANALYSIS City Staff has no recommendation as similar variances have been granted in the past Similar variances granted: • VAR #04-03 5365 Matterhorn Drive Variance approved to reduce the rear yard setback from 25 feet to 16.4 feet. • VAR #02-16 6065 McKinley Street Variance approved to reduce the rear yard setback from 32 feet to 14 feet. CITY COUNCIL ACTION/ 60 DAY DATE City Council — June 14, 2004 Proposed Location Staff Report Prepared by: Stacy Stromberg VAR #04-07 REQUEST Petitioner, Arnold Gilbertson, is seeking a variance to reduce the rear yard setback from 26.8 ft. to 25 ft. to allow the construction of a 12 ft. by 26 ft. three season porch in the exact location of his existing deck, at his home, which is located at 181 Talmadge Way. SUMMARY OF HARDSHIP "We are wishing to build a three season porch on the existing deck. This would enable us to get better use of this area during the early spring and late fall. The existing deck would be removed. "- also see attached hardship statement. - Arnold Gilbertson ANALYSIS AND CODE REQUIREMENTS The property is zoned R-1 Single Family as are all surrounding properties. The property is located on east side at the end of the Talmadge Way cul-de-sac. The existing home was constructed in 1959, with an addition being constructed in 1983. The existing garage was built in 1970. Existing Home and Garage City Code requires a rear yard setback with a depth of not less than twenty-five percent (25%) of the lot depth. In the petitioner's case, the minimum rear yard setback is 26.8 feet. The petitioner currently has a 12 ft. by 26 ft. deck off the back of his home. He is requesting a variance to convert his existing deck into a three season porch, which will be deficient in meeting the rear yard setback requirement by 20 inches. Location of Proposed 3 Season Porch- Rear yard setback variance City staff has received no comments from neighboring property owners. RECOMMENDATIONS City Staff has no recommendation as similar variances have been granted in the past. • VAR #04-03 5365 Matterhorn Drive Variance approved to reduce the rear yard setback from 25 feet to 16.4 feet. • VAR #02-16 6065 McKinley Street Variance approved to reduce the rear yard setback from 32 feet to 14 feet. STIPULATIONS Staff recommends that if the variances are granted, the following stipulations be attached. 1. Petitioner shall obtain all necessary building permits prior to construction of three season porch. CITY OF FRIDLEY APPEALS COMMISSION MEETING, MAY 26, 2004 Page 3 of 7 t Mr. and Mrs. Scott, the petitioners, stated they have met wh City Staff and fully understand the procedure and agree with the stipulations. They want to prove the appearance of their property and will add landscaping at a later time. Their ieighbors have been very supportive. MOTION by Mr. Zinter, seconded by Ms. Jackson to lose the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CH (PERSON VOS DECLARED THE MOTION CARRIED UNAMINOUSLY AND THE PUBLIC EARING CLOSED AT 7:40 P.M. Mr. Zinter stated this is a small varianc/req st and theaddition will be a positive impact on the property. Mr. Jones stated he can see the need ariance, but he understands the hardship and supports the variance. Ms. Jackson agreed that the site lin s will be better as a result of this variance. Dr. Vos stated he viewed the property and believes the variance will allow for an improvement in the site lines. MOTION by Mr. Jones, seco ed by Ms. Jackson to approve VAR #04-06, by George & Patricia Scott, to reduce the ont yard setback from 26 feet to 22.3 feet to allow for the construction of an addition, egally described as the west 90 feet of Lots 1 & 2, Block 3, of Shaffer's Subdivision No./l, according to the duly recorded plat on file in the office of the Anoka County Recorder, gener ly located at 876 76th Avenue, with the following stipulations: 1. Petitioner all obtain all necessary building permits prior to construction of any addition. 2. Addition hall meet all other zoning code requirements, including but not limited to setbac , height and lot coverage. 3. Additi s shall be architecturally compatible with existing house. UPON A VOICg VOTE, ALL VOTING AYE, CHAIRPERSON VOS DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. PUBLIC HEARING: VARIANCE REQUEST, VAR #04-07, BY ARNOLD GILBERTSON. Per Section 205-07.3.D(3)((a)) of the Fridley Zoning Code, to reduce the rear yard setback from 26.8 feet to 25 feet to allow the construction of a three season porch, legal described as northerly 135 feet of Lot 5, Block 1, Elwells Riverside Heights (as measured along easterly line parallel with northerly line thereof), subject to easement of record, generally located at 181 Talmadge Way NE. MOTION by Ms. Jackson seconded by Mr. Jones, to waive the reading and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON VOS DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPEND AT 7:44 P.M. Ms. Stromberg stated the petitioner is seeking a variance to reduce the rear yard setback from 26.8 feet to 25 feet to allow the construction of a 12 foot by 26 foot three season porch in the exact location of their existing deck at their home located at 181 Talmadge Way. CITY OF FRIDLEY APPEALS COMMISSION MEETING, MAY 26, 2004 Page 4 of 7 ! Ms. Stromberg presented the petitioner's summary of hardship reads as follows: "We are wishing to build a three season porch on the existing deck. This would enable us to get better use of this area during the early spring and late fall. The existing deck would be removed." Ms. Stromberg stated the property is zoned R-1 Single Family as are all surrounding properties. The property is located on the east side at the end of the Talmadge Way cul-de-sac. The existing home was constructed in 1959 with an addition being constructed in 1983. The existing garage was built in 1970. Ms. Stromberg stated that the City code requires a rear yard setback with a depth of not less than 25% of the lot depth. In the petitioner's case, the minimum rear yard setback is 26.8 feet. The petitioner currently has a 12 foot by 26 foot deck off the back of his home. He is requesting a variance to convert his existing deck into a three season porch which will be deficient in meeting the rear yard setback requirement by 20 inches. Ms. Stromberg stated the staff has no recommendation as similar variances have been granted in the past. • VAR #04-03 5365 Matterhorn Drive. Variance approved to reduce the rear yard setback from 25 feet to 16.4 feet. • VAR #02-16 6065 McKinley Street. Variance approved to reduce the rear yard setback from 32 feet to 14 feet. Ms. Stromberg stated that if the variance is granted, the following stipulation shall be attached: 1. Petitioner shall obtain all necessary building permits prior to construction of the three season porch. Mr. Jones asked if the deck was built when the house was built. Ms. Stromberg stated she could find no building permit on file for the deck. Mr. Jones asked if the petitioner would be allowed to build a deck off the three season porch. Ms. Stromberg stated the deck can encroach into the rear yard setback by 10 feet, so they could build a deck. Arnold Gilbertson, petitioner, stated the stipulation recommended by staff is acceptable. Mr. Jones asked if the deck was part of the original house. Mr. Gilbertson responded the deck was added 15 years ago over a concrete patio. The deck and concrete pad will be removed to allow for the construction of the three season porch. He pointed out that the north setback is adequate but because of the narrowing the lot to the south, the rear yard smaller. MOTION by Mr. Zinter, seconded by Mr. Jones to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON VOS DELARED THE MOTION CARRIED UNAMINOUSLY AND THE PULBIC HEARING CLOSED AT 7:50 P.M. Ms. Jackson stated that the existing deck fits the structure and the lot so replacing it with an addition of the same size is not a problem to her. 1. '' .I CITY OF FRIDLEY APPEALS COMMISSION MEETING, MAY 26, 2004 Page 5 of 7 Mr. Jones questioned if the setback is from the foundation. Ms. Stromberg stated that is correct. Mr. Jones stated he has no problem with this variance. Mr. Zinter stated he sees this as typical changes on Fridley property and has no objections to this variance. Dr. Vos stated he viewed the petitioner's property and noticed that it's very difficult to determine the rear property line anyway, so he doesn't think this will impact the neighbor. MOTION by Mr. Zinter, seconded by Ms. Jackson, to approve VAR #04-07, by Arnold Gilbertson, to reduce the rear yard setback from 26.8 feet to 25 feet to allow the construction of a three season porch, legally described as northerly 135 feet of Lot 5, Block 1, Elwells Riverside Heights (as measured along easterly line parallel with northerly line thereof), subject to easement of record, generally located at 181 Talmadge Way NE with the following stipulation: 1. Petitioner shall obtain all necessary building permits prior to construction of three season porch. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON VOS DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. - POSTPONED AT PETITIONER'S REQUEST 4. PUBLIC HEARI ` G: VARIANCE REQUEST VAR #04-09 BY JAMES MONDOL Per Section 205.0 3.D.(1) of the Fridley Zoning Code, to reduce the front yard setback from 25 fee to 16.6 feet to recognize an existing non -conformity, legally described as Lot 11,o7 k 4, Moore Lake Hills, generally located at 1313 Hillcrest Drive NE. 11 MOTION by Ms. Jackson, seconded by Mr. Zinter, to open the public hearing. UPON A VOICE VOTE, ALL VOTING A�E, CHAIRPERSON VOS DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE P LIC HEARING OPENED AT 7:52 P.M. Ms. Stromberg stated the petitioner, Mr. Mon oux, on behalf of the homeowner at 1313 Hillcrest Drive is seeking a variance to reduce the requ ed front yard setback from 25 feet to 16.6 feet in order to recognize an existing non -conformity. Ms. Stromberg presented the petitioner's hardship tatement as follows: "I am requesting a variance for 1313 Hillcrest Drive. The conditions of a lot are unique to this property and I believe they have been since the house was built in a%andody tely 1950. The lot is deemed non -conforming because the front of the house facingane is approximately 16 feet from the left corner of the house to the property line." Ms. Stromberg stated the property is zoned R-1 SingFaas are all surrounding properties. The property is located on the corner of Hillcrest DrivLane. The existing home CITY OF FRIDLEY APPEALS COMMISSION MEETING, MAY 26, 2004 Page 6 of 7 was built prior to 1949. T e property has, at minimum, an 18 foot boulevard on both Hillcrest Drive and Woody Lane. Ms. Stromberg stated tht the City code requires a minimum front yard setback of 25 feet for all structures in the R-1 Sin le Family zoning district. The petitioner is seeking to reduce the front yard from 25 feet to 16.6 eet to simply recognize an existing non -conformity. Ms. Stromberg stated tha the petitioner plans to construct an 8 foot by 12 foot deck off the back of the home. The propos d deck will meet all setback and lot coverage requirements. As was stated earlier, in order to c nstruct an addition (deck) to this home, recognition of the front yard setback non -conformity is equired. Ms. Stromberg stated City taff recommends approval of this variance request as this variance is simply recognizing a pre-dxisting condition and approving this variance should not set a precedent for undeveloped I is in the future. Ms. Stromberg stated the sta recommends that if the variance is granted, the following stipulations be attached. 1. Petitioner shall obtain a necessary building permits prior to construction of the deck. 2. Deck shall meet all zoni code requirements, including but not limited to setbacks, height and lot coverage. Dr. Vos stated he believes the de dimensions are actually 12 x 18 not 12 x 8 as stated in the staffs presentation. Dr. Vos read a letter from Maija and rank Sedzielarz, 1318 Hillcrest Drive, speaking in support of this variance request. MOTION by Mr. Jones, seconded by M Jackson to accept this letter from Maija and Frank Sedzielarz into the record. UPON A VOICE VOTE, ALL VOTING AYCHAIRPERSON VOS DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Stromberg stated that the deck is 12 x 18 Mr. Vos pointed out. Peter Mondoux stated his brother is the contracto for the deck to be built on the back of this home. When he requested the building permit fora deck, he was informed of the non- conformity at the front of the lot. He added that the caner, Susan Brenny who was also present, plans future projects on the home and aske f she will have to again appear before the Appeals Commission. Chairperson Vos responded that she will not. Once this riance is approved, it stays with the property. He then asked if the petitioner has any objection to the stipulations. Ms. Brenny stated they're fine. MOTION by Mr. Zinter, seconded by Mr. Blaine, to close the pub hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON VOS ECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED T 7:59 P.M. O CI7YOF FRIDLEY FRIDLEY MUNICIPAL CENTER - 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 - (763) 571-3450 - FAX (763) 571-1287 May 3, 2004 Arnold Gilbertson 181 Talmadge Way NE Fridley MN 55432 Dear Mr. Gilbertson: Per Minnesota Statute 15.99, local government units are required to notify land use applicants within 10 working days if their land use applications are complete. We officially received your application for a variance on April 23, 2004. 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 May 26, 2004 at 7:30 P.M. in the City Council Chambers at 6431 University Avenue. If you variance application needs to be reviewed by the City Council, the meeting will be held on June 14, 2004 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. Wcerely, Stacy St Planner 4 C-04-46 CITY OF FRIDLEY 6431 UNIVERSITY AVENUE FRIDLEY, MN 55432 (763) 572-3592 COMMUNITY DEVELOPMENT DEPARTMENT VARIANCE APPLICATION FOR: Residential Commercial/Industrial Signs PROPERTY INFORMATION: (site plan required for submittal, see attached) Address: le/ 60(2 � 1414-1 Property Identification Number: gJ0 off® 4:�1.3 ®®a g Legal Description: Lot 5 BlockI�Tract/Addition Current Zoning: Square Footage/acreage: #--16 Reason for Variance: �6 �e7— Have you operated a business in a city which required a business license? Yes No If Yes, which City? If Yes, what type of business? Was that license ever denied or revoked? Yes No FEE OWNER INFORMATION (as it appears on the property title) (Contrac urchasers: Fee owners must sign this form prior to processing.) NAME: g�49 i� �c? ����'6e� ADDRESS: A9 e- rm D G�'EL/J a 19 DAYTIME PHONE: 2123 -,5_91-6k3 I SIGNATURE/DATE: PETITIONER INFORMATION NAME: fiet0061>6577,513L4-J ADDRESS: L .7 L 6 C- DAYTIME PHONE:S GNATURE/DATE: Section of City Code: FEES Fee: $100.00 for commercial, industrial, or signs: Fee: $60.00 for residential properties: Receipt #: 41 Received By: Application Number: V-61- nd -Dr7 Scheduled Appeals Commissio Date: Scheduled City Council Date: •� q 10 Day Application Complete Notificatio Date: 60 Day Date: D 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. Me Ce r�, C Cla4lLYIas JASIMCtat CCOMSq- �� LAND VIVIV®St UNUTSaM AEs i4Ti �LAse[Ai AMCIQTti IVAIOLIN NW.- CM -1 Miss. $5417 36 Ne. M6111 4t.- Mukkia"s) Mina. M% lurveg Far! VANMAM CONST. CO. O Gonaem G -G , 1 1 ✓ Dr _•,300 ��.�,.�- 1 Y' �.... -vo 10 4f ... o Denotes Iron Monvmen� 76 hereby certify that this is a true and correct representation of a survey of the -boundaries of: All that part of Lot 5s Block is Elwell's Riverside Heightss Anoka County, Minnesotan lying Northerly of a line which is par— allel to the Northerly line of said Lot and 90 feet Southerly of said Northerly line as measured along the Easterly line of said lot. And of the location of all buildings, thereons and all visible encroachments, if anys from or on said land. As surveyed by me this 12th day of June, 1969. Land Surveyors Minn. Reg. No. 7979 CITY OF FRIDLEY PUBLIC HEARING NOTICE BEFORE THE APPEALS COMMISSION TO: All property owners/residents within 350 feet of property generally located at 181 Talmadge Way NE. CASE NUMBER: Variance, VAR #04-07 APPLICANT: Arnold Gilbertson Petitioner or representative must attend the Appeals Commission meeting. PURPOSE: Petitioner is requesting a variance to reduce the rear yard setback from 26.8 feet to 25 feet to allow the construction of a three season porch. LOCATION OF 181 Talmadge Way NE. PROPERTY AND LEGAL Northerly 135 feet of Lot 5, Block 1, Elwells Riverside Heights DESCRIPTION: (as measured along easterly line and parallel with northerly line thereo , subject to easement of record. DATE AND TIME OF Appeals Commission Meeting: HEARING: Wednesday, May 26, 2004, 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 Paul Bolin, Planning Coordinator, at 6431 University Avenue NE., Fridley, MN 55432 or FAX at 763-571-1287. SPECIAL Hearing impaired persons planning to attend who need an ACCOMODAT/ONS: Interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no later than May 20, 2004. The TDD # is 763-572-3534. ANY QUESTIONS: Contact Stacy Stromberg, Planner, at 763-572-3595. City of Fridley Community Develoment Department Public Hearing Notice LEGEND 0 0 W n M Sources: A Fridley Engineering Variance Request #04-07 GIS County GIS 181 Talmadge Way Anoka Petitioner: Arnold Gilbertson Map Date: 5/3/04 ACKERMAN GREGORY P & SANDRA L BAHLS JEROLD 0 & DONNA M BEINE JUDITH C 160 TALMADGE WAY NE 7514 ALDEN WAY NE 180 TALMADGE WAY NE FRIDLEYMN55432 FRIDLEYMN55432 FRIDLEYMN55432 BORN MICHAEL W & BONITA K COLLINS CHERYL B & CRAIG E CURRE T RESIDENT 105 75TH WAY NE 144 TALMADGE WAY NE Bad ress 1 FRIDLEYMN55432 FRIDLEYMN55432 FRI LEYMN55432 CURRENT F3,ESIDENT CURRENT RESIDENT CUR NT RESIDENT Bad Addr,94 2 Bad Aodress 3 Ba,/Address 4 FRIDL MNO FRIDYMNO F IDLEYMNO CURRENT - ESIDENT DONAHUE J M & EDSTROM R GAROFANO J A & CAVANAUGH T G Bad Ad ss 5 100 TALMADGE WAY NE 170 TALMADGE WAY NE FRIDL YMN55432 FRIDLEYMN55432 FRIDLEYMN55432 GILBERTSON NOLA TRUSTEE GILBER SON NOLA TRUSTEE HAINEY MARK A & JEAN L 181 TALMADGE WAY NE Bad Afildress 10 115 TALMADGE WAY NE FRIDLEYMN55432 FRIDLEYMN55432 FRIDLEYMN55432 HALONEN KELLY K HOGEN ANTHONY J & FLORENCE JOHNS MARK S 130 TALMADGE WAY NE 133 75TH WAY NE 123 TALMADGE WAY NE FRIDLEYMN55432 FRIDLEYMN55432 FRIDLEYMN55432 JOHNS SHARON JOHNSON JILL J & TEBBE JOHN F KAM CELEST M & JOSEPHINE M 148 TALMADGE WAY NE 157 76TH WAY NE 120 TALMADGE WAY NE FRIDLEYMN55432 FRIDLEYMN55432 FRIDLEYMN55432 KRAVIK DAVID & KATHLEEN LAUPAN PAMELA R & JAMES R LEHR KENNETH D & SHARON K 140 TALMADGE WAY NE 7501 ALDEN WAY NE 168 TALMADGE WAY NE FRIDLEYMN55432 FRIDLEYMN55432 FRIDLEYMN55432 OLAGBAJU OLUWASAYO B ROELOFS ROGER L & MARILYN A SCHMIDT R L & J R TRUSTEES 7515 ALDEN WAY NE 150 TALMADGE WAY NE 161 TALMADGE WAY NE FRIDLEYMN55432 FRIDLEYMN55432 FRIDLEYMN55432 SEVERSON CORY R & LESLIE B SORSOLEIL BEATRICE A ST PAUL BRD OF WATER COMM 105 TALMADGE WAY NE 147 75TH WAY NE Bad Ad ess 6 FRIDLEYMN55432 FRIDLEYMN55432 STP ULMN55101 ST PAUL BRD OF WATER COMM Bad Ad ess 7 ST PkOLMN55102 STIFLE JOHN L & JANE D 119 75TH WAY NE FRIDLEYMN55432 ST PAUL D OF WATER COMM ST PAUI�BRD OF WATER COMM Bad A ress 8 Bad dress 9 STP ULMN55102 ST PAULMN55102 Development Review Committee Worksheet Address: 181 Talmadge Way ❑ Paul Bolin ❑ Grant Fernelius ❑ Kevin Hanson ❑ Jon Haukaas ❑ Scott Hickok Land Use Case # VAR #04-07 ❑ Dave Jensen ❑ Layne Otteson ❑ Julie Jones ❑ Police Rep. ❑ Ron Julkowski ❑ Mary Smith ❑ Ralph Messer ❑ Stacy Stromberg Planning Issues: ❑ Setbacks ❑ Lot coverage ❑ Allowable square footage ❑ Height ❑ Landscape ❑ Hardship statement/narrative Building Issues: ❑ IBC Stipulations: Enaineerina Issues: o Drainage ❑ Utilities o Curbing requirements Fire Issues: ❑ Truck access ❑ Sprinkler requirements ❑ Hydrant location Name: Date: z� Development Review Committee Worksheet Address: 181 Talmadge Way ❑ Paul Bolin ❑ Grant Fernelius ❑ Kevin Hanson ❑ Jon Haukaas ❑ Scott Hickok Land Use Case # VAR #04-07 ❑ Dave Jensen ❑ Layne Otteson ❑ Julie Jones ❑ Police Rep. 0 Ron Julkowski ❑ Mary Smith Ralph Messer ❑ Stacy Stromberg Planning Issues: ❑ Setbacks ❑ Lot coverage ❑ Allowable square footage ❑ Height ❑ Landscape ❑ Hardship statement/narrative Building Issues: ❑ IBC 13 Stipulations: Comments: � ldwA r Enaineerinq Issues: ❑ Drainage ❑ Utilities ❑ Curbing requirements 13 Fire Issues: ❑ Truck access ❑ Sprinkler requirements ❑ Hydrant location Name: Date: � , % Development Review Committee Worksheet Address: 181 Talmadge Way Land Use Case # VAR #04-07 ❑ Paul Bolin ❑ ❑ Grant Fernelius ❑ ❑ Kevin Hanson ❑ ❑ Jon Haukaas ❑ Dave Jensen Layne Otteson Julie Jones ❑ Police Rep. Ron Julkowski o Mary Smith Ralph Messer ❑ Stacy Stromberg ❑ Scott Hickok Planning Issues: Engineering Issues: ❑ Setbacks ❑ Lot coverage ❑ Allowable square footage ❑ Drainage ❑ Utilities ❑ Curbing requirements ❑ Height ❑ ❑ Landscape ❑ Hardship statement/narrative Fire Issues: ❑ Truck access ❑ Sprinkler requirements Building Issues: ❑ Hydrant location ❑ IBC ❑ Stipulations: Comments: Name: Date: �� Development Review Committee Worksheet Address: 181 Talmadge Way ❑ Paul Bolin ❑ Grant Fernelius ❑ Kevin Hanson ❑ Jon Haukaas ❑ Scott Hickok Land Use Case # VAR #04-07 ❑ Dave Jensen ❑ Julie Jones ❑ Ron Julkowski ❑ Ralph Messer ❑ Layne Otteson ❑ Police Rep. ❑ Mary Smith ❑ Stacy Stromberg Planning Issues: Engineering Issues: ❑ Setbacks ❑ Drainage ❑ Lot coverage ❑ Utilities ❑ Allowable square footage ❑ Curbing requirements ❑ Height ❑ ❑ Landscape ❑ Hardship statement/narrative 13 Fire Issues: ❑ Truck access ❑ Sprinkler requirements Building Issues: ❑ Hydrant location Stipulations: Comments: Name: `) Date: �� �� Development Review Committee Worksheet Address: 181 Talmadge Way Land Use Case # VAR #04-07 ❑ Paul Bolin ❑ Grant Fernelius ❑ Kevin Hanson ❑ Jon Haukaas ❑ Scott Hickok ❑ Dave Jensen ❑ Layne Otteson Julie Jones ❑ Police Rep. ❑ Ron Julkowski ❑ Mary Smith o Ralph Messer ❑ Stacy Stromberg Planning Issues: Engineering Issues: ❑ Setbacks ❑ Lot coverage ❑ Allowable square footage ❑ Height ❑ Landscape ❑ Hardship statement/narrative ❑ ❑ ❑ ❑ Drainage Utilities Curbing requirements Fire Issues: ❑ o Truck access Sprinkler requirements Building Issues: ❑ Hydrant location ❑ IBC ❑ 13 Stipulations: Comments: Name:. - Date: - —o—�4 Development Review Committee Worksheet Address: 181 Talmadge Way ❑ Paul Bolin ❑ Grant Fernelius ❑ Kevin Hanson ❑ Jon Haukaas ❑ Scott Hickok Land Use Case # VAR #04-07 o Dave Jensen ❑ Julie Jones Ron Julkowski ❑ Ralph Messer ❑ Layne Otteson ❑ Police Rep. ❑ Mary Smith ❑ Stacy Stromberg Planning Issues: Engineering Issues: ❑ Setbacks ❑ Lot coverage ❑ Allowable square footage ❑ ❑ ❑ Drainage Utilities Curbing requirements ❑ Height ❑ ❑ Landscape ❑ Hardship statement/narrative LI Fire Issues: ❑ Truck access o Sprinkler requirements Building Issues: ❑ IBC �,Z�C_ ❑ ❑ Hydrant location Stipulations: Comments: Name: Development Review Committee Worksheet Address: 181 Talmadge Way Land Use Case # VAR #04-07 ❑ Paul Bolin ❑ Dave Jensen ❑ Layne Otteson ❑ Grant Fernelius ❑ Julie Jones ❑ Police Rep. ❑ Kevin Hanson ❑ Ron Julkowski ❑ Mary Smith ❑ Jon Haukaas ❑ Ralph Messer Stacy Stromberg ❑ Scott Hickok ✓\ Planning Issues: Engineering Issues: ❑ Setbacks ❑ Drainage ❑ Lot coverage ❑ Utilities ❑ Allowable square footage ❑ Curbing requirements ❑ Height ❑ ❑ Landscape ❑ Hardship statement/narrative Fire Issues: ❑ Truck access ❑ Sprinkler requirements Building Issues: ❑ Hydrant location ❑ IBC ❑ Stipulations: Comments: Name: Development Review Committee Worksheet Address: 181 Talmadge Way Land Use Case # VAR #04-07 >461paul Bolin ❑ Dave Jensen ❑ Layne Otteson Grant Fernelius ❑ Julie Jones ❑ Police Rep. 01 Kevin Hanson ❑ Ron Julkowski ❑ Mary Smith ❑ Jon Haukaas ❑ Ralph Messer ❑ Stacy Stromberg ❑ Scott Hickok Planning Issues: Engineering Issues: etbacks o Drainage ❑ Lot coverage ❑ Utilities ❑ Allowable square footage ❑ Curbing requirements ❑ Height ❑ ❑ Landscape ❑ Hardship statement/narrative Fire Issues: ❑ Truck access ❑ Sprinkler requirements Building Issues: ❑ Hydrant location ❑ IBC ❑ Stipulations: Comments: Name: Development Review Committee Worksheet Address: 181 Talmadge Way Land Use Case # VAR #04-07 ❑ Paul Bolin ❑ Dave Jensen ❑ Layne Otteson i Grant Fernelius ❑ Julie Jones ❑ Police Rep. ❑ Kevin Hanson ❑ Ron Julkowski ❑ Mary Smith ❑ Jon Haukaas ❑ Ralph Messer ❑ Stacy Stromberg ❑ Scott Hickok Planning Issues: Engineering Issues: ❑ Setbacks ❑ Drainage ❑ Lot coverage ❑ Utilities ❑ Allowable square footage ❑ Curbing requirements ❑ Height ❑ o Landscape ❑ Hardship statement/narrative Fire Issues: ❑ Truck access ❑ Sprinkler requirements Building Issues: ❑ Hydrant location ❑ IBC ❑ Stipulations: Comments: Name: Date: