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VAR 89-22V7f FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 • (612) 571-3450 • FAX (612) 571-1287 August 23, 1989 Thyen Construction Inc. 1872 -29th Avenue N.W. New Brighton, MN 55112 Re: Building Permit Application for Addition at 6370 Van Buren Street N.E., Fridley Dear Sirs: Upon review of your site plan for the proposed three season porch addition at the above address, we have determined that the City can not issue a building permit at this location because the addition does not meet the present Code side yard setback requirement of 17.5 feet for a corner lot. You could either move the addition 6.4 feet south, or you could have the owner apply for a side yard variance, which if approved by the City Appeals Commission, would allow the addition as proposed. If you choose the variance procedure, and if you apply on or before September 1, 1989, the Commission would review your request on September 19, 1989. If they vote unanimously in favor of your request and there are no objections from the neighbors to the proposal, the Commission's action is final. If you have any questions on this matter, please feel free to call myself or Barb Dacy at 571-3450. ce ly, DARREL G. CLARK Chief Building Official DGC/mh CC: Ms. Vera Phillips Ms. Barb Dacy 878729 STATE OF MINNESOTA CITY COUNCIL PROCEEDINGS COUNTY OF ANOKA CITY OF FRIDLEY In the Matter of a variance. VAR X689-22 VARIANCE Vera Phillips , Owner The above entitled matter came before the City Council of the City of Fridley and was heard on the 2nd day of Oetob r , 19_E9 , 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 11.1 feet, to allow the construction of an addition on Lots I and 2, Block 5, Florence Park Addition, the same being 6370 Van Buren Street N.E. IT IS ORDERED that a variance be granted as upon the following conditions or reasons: See City Council minutes of October 2, 1989. STATE OF MINNESOTA ) COUNTY OF ANOKA CITY OF FRIDLEY OFFICE OF THE CITY CLERK I, Shirley A. Haapala, City Clerk for the City of Fridley with and in for said City of Fridley, do hereby certify that I have compared the foregoing copy and Order granting a variance with the original record thereof preserved in my office, and have found the same to be a correct and true transcript of the whole thereof. IN TESTIMONY WHEREOF, I have Fr ley, Minnesota, in the 19 D AFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 hereunto subscribed my hand at the City of County of Anoka on the 14 �'4 day of Variances are valid for a period of one considered void if not used within tha tSHIRLEY A. H APALA, CITY LER) year following approval..,and period:- G (-SEAL;) 7 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 2. 1989 PAGE 5 3. A. COMMISSION MEETING OF SEPTEMBER 19 1989: N.E.. BY ROBERT FRANZEN: Ms. Dacy, Planning Coordinator, stated this i a request for two variances, one to reduce the front yard setb k from 35 to 29 feet and the other to reduce the side yard set ack from 10 feet to 7 feet 10 inches to permit an addition onto a front of an existing home. She stated staff has recommended enial of the variances as other options have been identified fo this addition. Ms. Dacy stated the Appeals Co fission, on a 3 to 1 vote, recommended approval of the fron yard variance request, and by a unanimous vote approved the si yard variance. She stated there were homeowners in the area w objected to the variance. Ms. Dacy stated the encroachment int the side yard is already existing. MOTION by Councilman F' zpatrick to grant that portion of the Variance, VAR #89-21, reduce the side yard setback from a living area from 10 feet t 7 feet 10 inches. Seconded by Councilman Billings. Upon a v ice vote, all voting aye, Mayor Nee declared the motion carrie unanimously. Councilman Fit atrick stated the problem is the home is small and the variance s requested to add onto the living room area in order to relieve vercrowding. He stated with this proposed addition, the encro chment would be six feet into the front yard setback. MOTIO by Councilman Fitzpatrick to grant that portion of the Vari nce, VAR #89-21, to reduce the front yard setback from 35 feet to 9 feet. Seconded by Councilman Billings. Upon a voice vote, 1 voting aye, Mayor Nee declared the motion carried unanimously. B. CONSIDERATION OF A VARIANCE VAR #89-22, TO REDUCE THE SIDE YARD SETBACK ON A CORNER LOT FROM 17.5 FEET TO 11.1 FEET, TO ALLOW THE CONSTRUCTION OF AN ADDITION ON LOTS 1 AND 2 BLOCK 5 FLORENCE PARK ADDITION, THE SAME BEING 6370 VAN BUREN STREET N.E.. BY VERA A. PHILLIPS: Ms. Dacy, Planning Coordinator, stated this is a request for a variance to reduce the side yard setback on a corner lot from 17.5 feet to 11.1 feet to allow the construction of an addition. She stated the Appeals Commission noted the intent of the 17.5 foot setback was to provide visual clearance and this variance would not RIDLEY CITY COUNCIL MEETING OF OCTOBER 2_ 1989 PAGE 6 cause an encroachment that would go beyond the existing line of the building wall or further encroach into the side corner yard setback. She stated, therefore, the Appeals Commission recommended„.. approval, even though staff recommended denial. ”. MOTION by Councilman Schneider to concur with the recommendation of the Appeals Commission and grant the Variance, VAR .#89-22, to reduce the side yard setback on a corner lot from 17.5 feet to 11.1 feet. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. C. CONSIDERATION OF A VARIANCE VAR #89-23. TO REDUCE THE SIDE YARD SETBACK FOR AN ACCESSORY BUILDING ON A CORNER LOT FROM 30 FEET TO 20 FEET, TO ALLOW THE CONSTRUCTION/ DRIVE N.E.. BY 0. B. ZACHMANN: Ms. Dacy, Planning Coordinator, stated this building/site was the subject of a variance request in 1986 when a 1ger home was proposed for this lot than what the petitioner i now proposing. She stated the variance approved in 1986 =UAreduction in the front and rear yard setbacks. Ms. Dacy e variance became null and void since no action was taken in th one year time frame. Ms. Dacy stated this variance request is o reduce the side yard setback for an accessory building on a corner lot from 30 to 20 feet for the construction of a home and attached garage. She stated adjacent property owners w e concerned regarding the elevations and grading of this roperty. She stated staff investigated this issue and foun there was about a four to five foot difference in elevation be ween this lot and the lot to the north. She stated two tofou feet of fill will be placed on the property so the change in el ation, at most, would be three feet or even with the elevation f the property to the north. Ms. Dacy stated the App is Commission recommended denial of this variance due to the fa t that there is adequate buildable area and other design alterna ives for construction of a hoarse on this lot. Councilman Fitz p rick stated as he understands, one of the objections to t variance was the property owner to the north did not want to 1 ok at the back of the garage. He stated he also understands at if the petitioner is forced to construct a detached g age, he could not only build into the 30 foot setback, but actu y build the garage all the way to the west up to three feet fr his rear yard. He stated this would expose a great deal more o the garage to the neighbor to the north. Nee asked if the persons who objected to the variance were it would be considered by the Council this evening. 878729 OFFICE OF COU B 67ATE OF FMHRESWTAe 6F ANOKA 1 hereby certify that the withiin� instru- ment was record on the o'ctock 9., ar,-1vras duty rec dOd By l CITY CLERK CITY OF FRIDLEY 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 1 Numeric Grantor Gra ntee RecordJd7Z`— Checked Margin It. Index OFFICE OF COU B 67ATE OF FMHRESWTAe 6F ANOKA 1 hereby certify that the withiin� instru- ment was record on the o'ctock 9., ar,-1vras duty rec dOd By l CITY CLERK CITY OF FRIDLEY 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 CITYOF FRIDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 • (612) 571-3450 • FAX (612) 571-1287 CITY COUNCIL ACTION TAKEN NOTICE October 4, 1989 Vera Phillips 6370 Van Buren Street N.E. Fridley, MN 55432 Dear Ms. Phillips: On October 2, 1989 the Fridley City Council approved your request for a variance, VAR #89-22, to reduce the side yard setback on a corner lot from 17.5 feet to 11.1 feet, to allow the construction of an addition on Lots 1 and 2, Block 5, Florence Park Addition, the same being 6370 Van Buren Street N.E. If you have any questions regarding the above action, please call the Planning Department at 571-3450. Sincerely, Barbara Dacy Planning Coordinator BD/dn Please review the noted stipulations, sign the statement below and return one copy to the City of Fridley Planning Department by October 18, 1989. Concur withfiction taken. W FRIDLEY CITY COUNCIL MEETING OF OCTOBER 2, 1989 PAGE 5 3. A. COMMISSION MEETING OF SEPTEMBER 19, 1989: N.E., BY ROBERT FRANZEN: Ms. Dacy, Planning Coordinator, st ed this is a request for two variances, one to reduce the front yard setback from 35 to 29 feet and the other to reduce the si yard setback from 10 feet to 7 feet 10 inches to permit an add'tion onto the front of an existing home. She stated staff has r ommended denial of the variances as other options have been ide ified for this addition. Ms. Dacy stated the Ap als Commission, on a 3 to 1 vote, recommended approval of a front yard variance request, and by a unanimous vote approved the side yard variance. She stated there were homeowners in the tea who objected to the variance. Ms. Dacy stated the encroachm t into the side yard is already existing. MOTION by Council an Fitzpatrick to grant that portion of the Variance, VAR #89 1, to reduce the side yard setback from a living area from 10 fe t to 7 feet 10 inches. Seconded by Councilman Billings. Upo a voice vote., all voting aye, Mayor Nee declared the motion ca ied unanimously. Councilman Xitzpatrick stated the problem is the home is small and the varia a is requested to add onto the living room area in order to relie a overcrowding. He stated with this proposed addition, the enc oachment would be six feet into the front yard setback. MOTI by Councilman Fitzpatrick to grant that portion of the Var' nce, VAR #89-21, to reduce the front yard setback from 35 feet to 29 feet. Seconded by Councilman Billings. Upon a voice vote, 1 voting aye, Mayor Nee declared the motion carried unanimously. B. CONSIDERATION OF A VARIANCE. VAR #89-22, TO REDUCE THE SIDE YARD SETBACK ON A CORNER LOT FROM 17.5 FEET TO 11.1 FEET, TO ALLOW THE CONSTRUCTION OF AN ADDITION ON LOTS 1 AND 2, BLOCK 5. FLORENCE PARK ADDITION, THE SAME BEING 6370 VAN BUREN STREET N.E., BY VERA A. PHILLIPS: Ms. Dacy, Planning Coordinator, stated this is a request for a variance to reduce the side yard setback on a corner lot from 17.5 feet to 11.1 feet to allow the construction of an addition. She stated the Appeals Commission noted the intent of the 17.5 foot setback was to provide visual clearance and this variance would not FRIDLEY CITY COUNCIL MEETING OF OCTOBER 2, 1989 PAGE 6 cause an encroachment that would go beyond the existing line of the building wall or further encroach into the side corner yard setback. She stated, therefore, the Appeals Commission recommended approval, even though staff recommended denial. LOTION by Councilman Schneider to concur with the recommendation of the Appeals Commission and grant the Variance, VAR #89-22, to reduce the side yard setback on a corner lot from 17.5 feet to 11.1 feet. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. C. CONSIDERATION OF A VARIANCE. VAR #89-23. TO REDUCE THE DRIVE N.E.. BY O. B. ZACHMANN: Ms. Dacy, Planning Coordinator, stated this bui/11ng site was the subject of a variance request in 1986 when larger home was proposed for this lot than what the petition is now proposing. She stated the variance approved in 1986 all ed a reduction in the front and rear yard setbacks. Ms. Dacy sty6ed the variance became null and void since no action was taken i the one year time frame. Ms. Dacy stated this variance reques is to reduce the side yard setback for an accessory building o a corner lot from 30 to 20 feet for the construction of a e and attached garage. She stated adjacent property owner were concerned regarding the elevations and grading of this property. She stated staff investigated this issue and f nd there was about a four to five foot difference in elevatio etween this lot and the lot to the north. She stated two to ur feet of fill will be placed on the property so the change in levation, at most, would be three feet or even with the elevati n of the property to the north. Ms. Dacy stated the A eals Commission recommended denial of this variance due to the ct that there is adequate buildable area and other design alter tives for construction of a home on this lot. Councilman Fitz trick stated as he understands, one of the objections to t e variance was the property owner to the north did not want to 1 ok at the back of the garage. He stated he also understands at if the petitioner is forced to construct a detached ga age, he could not only build into the 30 foot setback, but actua y build the garage all the way to the west up to three feet fro his rear yard. He stated this would expose a great deal more of he garage to the neighbor to the north. Mayo Nee asked if the persons who objected to the variance were aware it would be considered by the Council this evening. CITY COUNCIL ACTION TAKEN NOTICE October 4, 1989 Vera Phillips 6370 Van Buren Street N.E. Fridley, MN 55432 Dear Ms. Phillips: On October 2, 1989 the Fridley City Council approved your request for a variance, VAR #89-22, to reduce the side yard setback on a corner lot from 17.5 feet to 11.1 feet, to allow the construction of an addition on Lots 1 and 2, Block 5, Florence Park Addition, the same being 6370 Van Buren Street N.E. If you have any questions regarding the above action, please call the Planning Department at 571-3450. Sincerely, Barbara Dacy Planning Coordinator BD/dn Please review the noted stipulations, sign the statement below and return one copy to the City of Fridley Planning Department by October 18, 1989. Concur with action taken. 30 STAFF REPORT APPEALS DATE Septmber 19, 1939 CITY OF PLANK 4G COMMISSION DATE FRI DLEY CRY COUNCIL DATE October 2, 1939 AUTHOR BD/ls REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION SITE DATA SIZE DENSITY PRESENT ZONING ADJACENT LAND USES & ZONING UTLIMS PARK DEDICATION ANALYSIS FINANCIAL IMPLICATIONS CONFORMANCE TO COMPREHENSIVE PLAN COMPATIBILITY WITH ADJACENT USES & ZONING ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMENDATION APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENDATION VAR #89-22 Vera Phillips To reduce the sidle corner yard setback from 17.5 feet' 11.1 feet 6370 Van wren Street N.F. 7,782 sq. ft. N/A R-1, Single Family Residential R-1, Single Family Residential zoning and uses surrounding the site N/A N/A N/A Yes Yes None Denial Approval Staff Report VAR #89-22, 6370 Van Buren Street N.E. Page 2 A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.07.03.D.(2).(c).(1) requires a side yard width on a street side of a corner lot to be not less than 17.5 feet. Public purpose served by this requirement is to maintain a higher degree of traffic visibility and to reduce the "line of sight" encroachment into the neighbor's front yard. B. STATED HARDSHIP: "To move it over would be to cover up two basement windows. We need air for downstairs laundry and toilet." C. ADMINISTRATIVE STAFF REVIEW: Request The petitioner, Vera Phillips, proposes to construct a three season porch at the rear of the home located at Lots 1 and 2, Block 5, Florence Park Addition, the same being 6370 Van Buren Street N.E. In order to construct the proposed addition, the petitioner is requesting a 6 foot variance from the side yard corner lot setback from 17.5 feet to 11.1 feet. Site The site is located at 6370 Van Buren Street and is zoned R- 1, Single Family Residential. It is surrounded on all sides by single family zoning and uses. The home was originally constructed in 1961. At that time, the City Zoning Ordinance permitted garages to be located on corner lots 5 feet from the lot line along the side street yard. Analysis The proposed addition is to be located just south of the north wall of the existing garage. The proposed addition will extend south to the north edge of the existing kitchen window (18 feet). The basement window is located just below it. The dimensions of the proposed addition are 14 feet x 18 feet. The addition is to be constructed in similar materials as the existing building with prefinished siding and a 4:12 roof pitch. 30 Staff Report VAR #89-22, 6370 Van Buren Street N.E. Page 3 Options The proposed addition would not be able to be shifted 6 feet to the south since the kitchen window and basement window would be covered. Reducing the width of the addition would probably dictate a different pitch on the roof; however, the area lost could be made up by constructing a longer addition of 12 ft. x 24 ft. Recommendation The home was built in accordance with the ordinance in 1961; however, due to the change in the ordinance, the structure has become a legal nonconforming structure. The proposal must be considered under the current ordinance. Staff recommends that the Appeals Commission recommend denial of the variance request, because another option exists to meet the intent of the ordinance. Appeals Commission Recommendation The Appeals Commission unanimously recommended approval of the variance request since the proposed addition would not cause an encroachment that would go beyond the existing line of the building wall and, hence, would not cause a further encroachment into the side corner yard setback. City Council Recommendation Staff recommends the City Council deny the variance request since another option exists to meet the intent of the ordinance; however, should the City Council approve the variance request, there are no recommended stipulations. � COMMUNITY DEVELOPMENT 3N DEPARTMENT uNOF FFUDLLY MEMORANDUM DATE: September 26, 1989 TO: William Burns, City Manager FROM: Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator SUBJECT: Variance Request, VAR #89-22, by Vera A. Phillips, 6370 Van Buren Street N.E. Attached is the staff report for the side corner yard setback variance request from 17.5 feet to 11.1 feet to allow the construction of an addition to an existing home at 6370 Van Buren Street N.E. The Appeals Commission recommended approval of the variance request. Staff recommends the City Council deny the request as another option exists to meet the intent of the ordinance; however, should the City Council approve the request, there are no recommended stipulations. BD:ls M-89-582 whole Riverview Heights are He saw as a hardship the fact that it is a previously existing tructure, the lack of square footage to work with, the improvemen of the north wall, and the addition of insulation to the north 11. He stated he would recommend approval of the variance. Ms. Savage stated she apprecia ed the information given by Mr. Barna who lives in this are After hearing Mr. Barna's statements, she would be incline to change her vote to recommend approval of the variance. MOTION by Mr. Kuechle, seconded by Council approval of VAR #89-21 by Section 205.07.03.D.(1) of the Frig front yard setback from 35 feet construction of additional living s] E, Riverview Heights, the same being the stipulation that: . Savage, to recommend to City Robert Franzen, pursuant to ey City Code to reduce the to 29 feet, to allow the ►a a on Lots 37 and 38, Block 5 0 Kimball Street N.E., with 1. The petitioner shall install a hard surface driveway by September 1, 1990. UPON A VOICE VOTE, BARNA, SAVAGE, AND R CHLE VOTING AYE, VOS VOTING NAY, CHAIRPERSON BARNA DECLARED THE TION CARRIED BY A VOTE OF 3-1. Ms. McPherson stated this item will go to the City Council on October 2, 1989. 2. CONSIDERATION OF A VARIANCE REQUEST VAR #89-22. BY VERA A. PHILLIPS: Pursuant to Section 205.07.03.D. (2) . (c) . (1) of the Fridley City Code to reduce the side yard setback on a corner lot from 17.5 feet to 11.1 feet, to allow the construction of an addition on Lots 1 and 2, Block 5, Florence Park Addition, the same being 6370 Van Buren Street N.E. MOTION by Ms. Savage, seconded by Dr. Vos, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BARNA DECLARED THE PUBLIC HEARING OPEN AT 8:10 P.M. Ms. Dacy stated this property is located on the southwest corner of 64th Avenue and Van Buren Street N.E. The property is zoned R- 1, Single Family Dwelling, and is surrounded on all sides by R-1, Single Family. Ms. Dacy stated the home was constructed in 1961. At that time, the City's ordinance regarding setbacks on corner lots for single family homes was that a home and garage could be built 5 ft. from the street side yard. In this case, that would be 64th Avenue. The APPEALS COMMISSION MEETING, SEPTEMBER 19, 1989 - PAGE 6 front of the lot is the frontage which abuts Van Buren Street N.E. Ms. Dacy stated the petitioner is requesting a 6 ft. variance into the current 17.5 ft. code requirement from a side yard corner lot in order to construct a 14 ft. x 18 ft. addition to the rear of the home. The proposed addition will extend south to the north edge of the existing kitchen window. A basement window is located just below the kitchen window. A new garage door will be constructed on the north side of the proposed addition. Ms. Dacy stated that in evaluating the variance request, staff looked to see if there were any options that would meet the code requirement. There is no option to shift the addition to the south. As pointed out by the petitioner, that would cover up two windows. The only option would be to shorten the addition from 14 ft. x 18 ft. to a 12 ft. x 14 ft. addition, or to construct a longer addition of 12 ft. x 24 ft. Ms. Dacy stated the home was constructed in conformance with the ordinance in effect in 1961. The one sole option is to construct a smaller addition. Based on that option alone, staff has to recommend denial. However, if the Appeals Commission approves the variance, staff has'no recommended stipulations. Mr. Barna stated if this was not a corner lot, this addition could be constructed without any variances. Mr. Dacy stated that is correct. Ms. Vera Phillips stated she has letters from three neighbors stating they have no objection to the variance. MOTION by Dr. Vos, seconded by Ms. Savage, to receive into the record letters from Shirley Switzer, 6405 Van Buren Street N.E.; Pat Saba, 6360 Van Buren Street N.E.; and Laura and Richard Carlson, 6400 Van Buren Street N.E. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BARNA DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Jim Frye stated he is the builder for this addition. He stated one problem with extending the addition to 24 ft. is there is a large pine tree in the rear yard that would have to be removed. The 12 ft. width, along with a vaulted ceiling, makes the addition look like a long hallway. He stated that because the addition would be within the existing building lines, they were quite surprised to find out a variance was needed. He stated he thought it should be grandfathered in with the old code. The 12 ft. x 24 ft. addition is an odd shape. In working with the petitioner, they felt an 18 ft. x 14 ft. addition would be well balanced and fit in nicely with the existing house. APPEALS COMMISSION MEETING. SEPTEMBER 19. 1989 - PAGE 7 Ms. Savage asked Ms. Phillips to better define her hardship. Ms. Phillips stated the addition cannot be moved over because of the kitchen window and basement windows. Directly below the kitchen is a bathroom and laundry room, and she feels they need an outside opening for those two rooms. She stated they like the outdoors, and they would utilize this porch addition. A 12 ft. x 14 ft. addition is quite small. OTION by Mr. Kuechle, seconded by Ms. Savage, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BARNA DECLARED THE PUBLIC HEARING CLOSED AT 8:30 P.M. Mr. Kuechle stated he is in favor of the variance. The garage is already closer to the street, and the lines of the addition would be inside the garage lines. The hardship is not very strong; however, the purpose of the ordinance is to provide clearance and visibility around corners for traffic, and this has absolutely no impact on that. Ms. Savage agreed. She felt the public purpose and spirit of the code will be met by the addition. Under the old code at the time the house was built, no variance would have been needed. It seems like a reasonable variance request, and she would vote in favor of it. Dr. Vos stated he felt the hardship is the fact that this is a corner lot, the original placement of the house on the lot, and that the house met all code requirements when it was built. He would vote in favor of the variance. Mr. Barna also agreed. He stated the spirit of the code is being met. The hardship is the existing placement of the house. MOTION by Ms. Savage, seconded by Dr. Vos, to recommend to City Council approval of variance request, VAR #89-22, by Vera A. Phillips, pursuant to Section 205.07.03.D.(2).(c).(1) of the Fridley City Code to reduce the side yard setback on a corner lot from 17.5 feet to 11.1 feet, to allow the construction of an addition on Lots 1 and 2, Block 5, Florence Park Addition, the same being 6370 Van Buren Street N.E. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BARNA DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Dacy stated this item will go to City Council on October 2, 1989. 3. ZACHMANN: i Pursuant to Section 20 Code to reduce the rear on a corner lot from construction of a sing Lot 15, Block 2, Riverwl Drive N.E. MOTION by Ms. Savage, s hearing. .07.03.D.(3). (a) of the Fridley City card setback for an accessory building 0 feet to 20 feet, to allow the a family home and attached garage on Park, the same being 7100 Riverwood by Dr. Vos, to open the public UPON A VOICE VOTE, ALL VOTING AYE\ CHAIRPERSON BARNA DECLARED THE PUBLIC HEARING OPEN AT 8:35 P.M. Ms. Dacy stated this property is 1 cated in the northwest corner of the intersection of Riverwood rive and 71st Avenue. The property is zoned R-1, Single Famil Dwelling, and is surrounded by R-1, Single Family. This site wa the subject of a variance in 1986 where the Appeals Commission and ity Council approved a front yard setback variance from Riverwood D ive from 35 ft. to 17.5 ft., and a rear yard setback variance from 30 ft. to 17.5 ft. In the previous application, the house was muc larger and faced 71st Way, rather than Riverwood Drive. That va iance lapsed because the house was not constructed within the on year timeframe. Ms. Dacy stated the current petitioner's request is for a 10 ft. rear yard variance from 30 ft. to 20t. The petitioner, in contrast to the original application in 1 86, has conformed to a majority of the building setbacks except f 10 ft. of the garage. There could be some rearrangement in -the hou a design so the entire garage could be within the buildable area. The portion of the structure between the garage and main part of the house is the family room. The design of the structure i very similar to the current petitioner's home (copy of petition's home in agenda). Ms. Dacy stated that because there are availab a areas on the lot to meet the ordinance requirement, staff is rec mmending denial of the variance request. Ms. Dacy stated that one of the stipulations on he 1986 variance was that the home to the north of this lot be c nstructed 20 ft. from the north lot line. Because the variance application lapsed, a permit has been issued for a home on the lot t the north that meets the current 10 ft. setback. Staff feels the 10 ft. setback on the petitioner's lot plus the remaining 10 ft. on the lot to the north still maintains a 20 ft. separation betWeen the two buildings. It is staff's interpretation that the i sue from 1986 has been resolved. Mr. O. B. Zachmann stated he has looked for a lot in\Fridley for about five years. He was very happy to find this lot. He stated Sept. 15, 1959 City of Fridley Variance Committee To Whom It May Concern: I have no objection to Vera Phillips, 6370 Van Buren St. building a three season porch on the back of her house in accordance with her original plans. Thank you. Shirley witzer 6405 Van Buren S. NE e Sept... _ 1989 To the Appeals Commission, T do not object to the Phillips putting on a 3 season porch at 6370 Van Buren St.,.NE Fridley, HN I lire on the South Side next door to them.. MAILING LIST FOR VAR #89-22 .6370 Van Buren.Street N.E, City Council Yjm.�bers Mailinq Date: 9/8/89 Lawrence Brazil Patricia Saba City Manager 6357 Jackson St. N.E. 6360 Van Buren Street N.E. Fridley, NTT 55432 Fridley, bV 55432 Alex Barna, Chairperson Appeals Cam-ission 560 Hugo Street N.E. Barbara Swanson Kenneth Thompson Fridley, MN 6365 Jackson St. N.E. 6350 Van Buren Street N.E. Fridley, MN 55432 Fridley, MN 55432 Vera A. Phillips Earl Sorenson Ervin Sahli 6370 Van Buren Street N.E. 6370 Able Street N.E. 6340 Van Buren Street N.E. Fridley, MN 55432 Fridley, M 55432 Fridley, NTT 55432 William McGuire -tea David DePoint 6414 Van Buren St. N.E. 6360 Able Street N.E. 6339 Van Buren Street N.E. Fridley., MN 55432 Fridley, M 55432 Fridley, MN 55432 Richard Carlson Janes McCluskey Robert Saltness 6400 Van Buren St. N.E. 6350 Able Street N.E. 6349 Van Buren Street N.E. Fridley, MN 55432 Fridley, NTT 55432 Fridley, NTT 55432 Joseph Dougherty Robert Borth Arvid Haugen 6401 Jackson St. N.E. 6360 Jackson Street N.E. 6377 Van Buren Street N.E. Fridley, MN 55432 Fridley-, M 55432 Fridley, NTT 55432 Lorrayne Weiss Richard Gundlach Kathleen Frust 6411 Jackson St. N.E. 6350 Jackson Street N.E. 6359 Van Buren Street N.E. Fridley, MN 55432 Fridley, NTT 55432 Fridley,. NTT 55432 Arnold Aune Patricia.Bunkowske Richfield Bank & Trust Co. 6321 Jackson St. N.E. 6340 Jackson Street N®E. 6625 Lyndale Ave. South Fridley, M 55432 Fridley, MN 55432 Richfield, M 55423 Francis Rodgers. Ronald Harff James Negri 6351 Jackson St. N.E. 6330 Jackson Street N®E. 6415 Van Buren Street N.E. Fridley, NTT 55432 Fridley, MN 55432 Fridley, M 55432 Shirley Switzer 6405 Van Buren St. N.E. Fridley, MN 55432 PUBLIC HEARING BEFORE THE APPEALS COMMISSION Notice is hereby given that the Appeals Commission of the City of Fridley will conduct a Public Hearing at the Fridley Municipal Center at 6431 University Avenue N.E. on Tuesday, September 19, 1989, at 7:30 p.m. for the purpose of: Consideration of a variance request, VAR #89- 22, by Vera A. Phillips, pursuant to Section 205.07.03.D.(2).(c).(1) of the Fridley City Code to reduce the side yard setback on a corner lot from 17.5 feet to 11.1 feet, to allow the construction of an addition on Lots 1 and 2, Block 5, Florence Park Addition, the same being 6370 Van Buren Street N.E., Fridley, MN, 55432. Any and all persons desiring to be heard shall be given the opportunity at the above stated time and place. ALEX BARNA CHAIRPERSON APPEALS COMMISSION Note: The Appeals Commission will have the final action on this request unless there are objections from surrounding neighbors, the City Staff, or the petitioner does not agree with the Commission's decision. If any of these events occur, the request will continue to the City Council through the Planning Commission with only a recommendation from the Appeals Commission. Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. CITY OF FRIDLEY E $431 Aft Aft FRIDLEY, IAN "432 (612) 571-3450 VARIAN& REOUEST FORM VARIANCE # VARIANCE FEE 62A 06 RECEIPT #� SCHEDULED APPEALS MEETING DATE '�15 PROPERTY INFORMATION PROPERTY ADDRESS 61 ZO 141V CEAJ 15 7- Alf - LEGAL DESCRIPTION: LOT / f- a - BLOCK 1' TRACT/ADDITION 9 ��-- _ PRESENT ZONING f�„'I( VARIANCE REQUEST(S): Attach a plat or survey of the property showing building, variance(s), where applicable. Section of the Code: 6-9).b, � Q) L f 1 List specific hardship(s) which require the variance(s): AI 19 --1- 0 r FEE OWNER INFORMATION NAME (please print) V4r;(fi 1q. PH PHONE ate°%/P 32,20 ADDRESS 47,570 I/A il U- C--Jl) %l,, -C- SIGNATURE F t q f NATENote —�� to ## ##•fff#fffiF#1 �#f#irf t##* # f##�#iii# # # �#jroce * fF.####### PETITIONER INFORMATION NAME (please print) SA -'� PHONE ADDRESS SIGNATURE DATE ################################################################################## APPEALS COMMISSION: APPROVED DENIED DATE CITY COUNCIL: APPROVED DENIED DATE STIPULATIONS: 4 - The The petitioner hereby understands that: 1. The City will notify all residents and owners of property within 200 feet of said property. 2. This application must be signed by all owners of the property, or an explanation given why this is not the case. 3. Materaial for submission of a variance include: * Scaled plan showing proposed property and/or buildings if applicable. Three full suzed copies and legible 8 1/2" x 11" reduction. * Scaled preliminary (or final) landscape plan showing location of existing vegetation to be saved and locations of new plant material. Species, species name (common or botanical), and condition of root (i.e. bared, balled and burlapped, etc). Three full size copies and legible 8 1/2" x 11" reduction. • Scaled preliminary (or final) grading and drainage plan showing existing and propoed contours, detention/retention ponds, drainage swales, weirs, weir details, and run off quantities. Three full size copies and legible 8 1/2" x 11" reduction. * Floor plans, full size and 8 1/2" x 11" reduction. * Building elevations, full size and 8 1/2" x 11" reduction. * Perspective shwoing how the proposal potentially looks in the surrounding area, full size and 8 1/2" x 11" reduction. o COMMISSION APPLICATION REVIEW FILE MNWER FILE DATE m ETm DATE FILE DESCRIPTION VAR #89-22 CITYOF 48 9-1-89 9-19-89 6370 Van Buren Street N.E. FRIDLEY Side I yard setback COMPLETE REVIEW CHECKLIST AND RETURN TO PLANNING DEPT ❑ BARB D. .n. MARK ffl�� ❑ DARREL C. M. # i COMMENTS t T. 30 R. 24 FRIDLEY VAR #89-22 era Phillips 3U THIS IS A COMPILATION OF RFCORDS AS THEY APPEAR IN THE ANOIIA COUNTY OFFICES AFFECTING THE ARE- SHOWN THIS DRAWING IS TO BE USED ONI r FOR REFERENCE PURPOSES AND THE COUN. TY IS NOT RESPONSIBLE FOR ANY IN. ACCURACIES HEREIN CONTAINED. 539/4 I SEt I I EJR!�p 14 I .w n Y.I LL °a •� m %,00 SE CORNER SE[ 14 .i .. t.. LOCATION MAP SUN F® OWNliiiiii� �ss♦I��®ice Ise F.�.� !ZL/ - �s� ■mss - s�.0 - .a�®. tea,® sre W •.�. �s� �1F0 Q m %,00 SE CORNER SE[ 14 .i .. t.. LOCATION MAP VAR #89-22 Vera Phillips ING MAP VAR X689-22 Vera Phillips 4Y FLOOR PLAN VAR #89-22 Vera Phillips MA u r o{ { , c t N 3 ! ! a 1 I ELEVATION 'AR #89-22 i— 'DI -114"a Q d ELEVATION -I Nit .aW 1 .o D a iw I -I Nit .aW W .o D a iw S. o i sow r o- 3' VAR. #89-22 Vera Phillips i .� Nit t8 tr r o- 3' G 5� v x b O W a \ � w = X � N v N t� \ 447 mt 'k► m4 -4 � � R W rf ew / s"w SITE PLAN