VAR 99-17CITY OF
FRIDLEY
FRIDLEY MUNICIPAL CENTER - 6131 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 - (612) 571-3450 - FAX (612) 571-1287
CITY COUNCIL
ACTION TAKEN NOTICE
September 7, 1999
Dave Nelson
7395 Van Buren Street
Fridley, MN 55432
Dear Mr. Nelson:
On August 23, 1999, the Fridley City Council officially approved your request for variance, VAR #99-
17, to allow a private garage to exceed the square footage of the dwelling unit by 12.6 feet to allow the
construction of a garage on Lot 23, Block 4, Shaver's Subdivision No. 1, generally located at 7395 Van
Buren Street with the following stipulations:
1. No home occupations shall take place from this garage.
2. The garage and home shall have matching siding/color scheme.
3. The garage shall be built to meet all fire and building codes.
4. The garage shall not exceed 800 square feet.
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 572-3599.
ing Coordinator
Please review the above action, sign below, and return the original to the City of Fridley Planning
Department by September 21, 1999.
SH:1s Concur with action taken
THE FRIDLEY CITY COUNCIL MEETING OF AUGUST 23. 1999 PAGE 13
will consolidated with the xisting Voight parcel (Parcel A). Proof of consolidation
shall be filed with the City f Fridley, once processing has been completed at Anoka
County.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION CARRIED UNANIMOUSLY.
DE
K]
ABUTTING AN ADJOMNG RESIDENTIAL DISTRICT FROM 100
FEET TO 75 FEET tO ALLOW THE CONSTRUCTION OF AN
TED A
Mr. Hickok, Planning Coordinatoi
building was such that the overheat
designed to keep traffic and offensi`
street. The building design has a I
be required, and the civil engineers
to satisfy the stipulation.
Pa
stated that the proposed orientation of the
doors on the southwest side of the building are
activities away from the neighbors across the
vier emphasis on office space. A pond would
r the Gonyea company are currently working
Mr. Hickok stated that this variance w uld
Central Avenue right-of-way rather th n
industrial building is adjacent to a r gb
standard M-1 setback would be 35 fe t,
residential district, the Gonyeas are loo ii
The hardship statement states that the w
for the building location would serve to blo
south and keep a uniform look to the oth
Staff had no recommendation to the Plann
was within previously granted parameters
chose to grant the variance with stipulation
allow the building to sit 90 feet from the
the 100 feet that is required when an
t -of -way and residential district. The
Because of the overlapping 54 feet
ig at a 100 foot setback for the project.
the site plan was designed the variance
k out truck yards to the neighbors to the
�r ninety percent (90%) of the building.
tg Commission due to the fact that this
setback dimension. The Commission
MOTION by Councilmember Wolfe to appro e
the following four stipulations: 1) approval of
of warehouse in conformance with the office/
and dated (revised) May 4, 1999; 3) Constructi
the site in accordance with the site plan dated
staff approval of a revised landscape plan prior
this project. Seconded by Councilmember Bolkc
the Variance Request, #99-08 with
A Split L.S. #99-02; 2) Construction
'a -rehouse complex plans submitted
1 of warehouse in conformance with
(revised) May 4, 1999; and 4) City
�o issuance of a building permit for
UPON A VOICE VOTE, ALL VOTING WYE, MAJOR JORGENSON
DECLARED THE MOTION CARRIED UNANI OUSLY.
19. VARIANCE REQUEST, VAR #99-17. BY AVID NELSON, TO ALLOW
A PRIVATE GARAGE TO EXCEED THE SQUARE FOOTAGE OF THE
THE FRIDLEY CITY COUNCIL MEETING OF AUGUST 23 1999 PAGE 14
DWELLING UNIT BY 12.6 FEET TO ALLOW THE CONSTRUCTION
OF A GARAGE, GENERALLY LOCATED AT 7395 VAN BUREN
STREET (WARD 1):
Mr. Hickok, Planning Coordinator, stated that the petitioner would like to replace
his existing 440 square foot garage with a new 792 square foot garage. This would
exceed the house area by 12 % feet. The code requires that the minimum side yard
should be 5 feet and requires that the private garage not exceed the square foot
area of the dwelling unit. The property is located at 7395 Van Buren Street and is
surrounded by R-1 single family dwellings. The hardship summary stated that to
move the garage completely in back of the house would greatly compromise the
aesthetics of the back yard. The 12.6 square feet that would make the garage
bigger than the house is so minimal that no one would notice without knowledge of
the building code and the aid of a measuring device. The garage currently has an
overlapping condition in which the house overhangs the garage overhang.
Mr. Nelson, 7395 Van Buren Street N.E., stated this overhang would be eliminated
with a new design. The petitioner indicated that he does not want to attach the
garage to the home even though it was only 3 feet away from the house. A motion
was made at the Appeals Commission to grant the variance for the side yard
setback from 5 feet to 3 feet, and to deny the variance allowing the square foot area
of the garage to exceed the square foot area of the home. The request to allow the
square footage of the garage to exceed that of the home would set a precedence that
the Appeals Commission wanted to avoid. Staff recommended denial of the
variance to allow the square foot dimension of the garage to exceed the square foot
dimensions of the home and has no recommendation on the request to decrease the
side yard setback from 5 feet to 3 feet. Large garages have historically led to
commercial appearance and have also encouraged home occupations. Staff
recommended that if either of these variances be granted three stipulations should
apply: 1) No home occupations shall take place from this garage; 2) Garage and
home shall have matching siding/color scheme; and 3) Garage an home shall be
built to meet all fire and building codes.
The petitioner, Mr. Nelson, stated that his house is very small. It was built in 1951.
Since then, houses have increased in size quite a bit. He stated that the 12.6
square feet is very minimal. He stated that he does not want to build a bigger
house to have a bigger garage, and he does not want an attached garage. He stated
that the neighbors would not be able to see it very well, and no neighbors have
expressed any concerns regarding the variance. He stated that houses in the outer
suburbs have three or four car garages, and he did not feel that anyone would object
to it.
Councilmember Billings asked Mr. Hickok what the ordinance for the maximum
size of a garage allowed in Fridley was.
Mr. Hickok stated that the maximum size for a garage, if it does not exceed the size
of the dwelling unit, is 1,000 square feet.
a
THE FRIDLEY CITY COUNCIL MEETING OF AUGUST 23,1999 PAGE 15
Councilmember Billings asked Mr. Knaak, City Attorney, what kind of a precedent
would the City be setting by granting this variance.
Mr. Knaak stated that similar applicants should be treated similarly. The result
would be if another homeowner came in with the same size home asking for the
same kind of variance, Council would likely be compelled to grant the variance.
Councilmember Billings asked Mr. Hickok what his calculations for the size of the
garage would be.
Mr. Hickok stated that the size of the garage would be 792 square feet.
Mayor Jorgenson asked what the size of the square feet of the house would have to
be if more than fifty percent (50%) of the house was damaged and would have to be
rebuilt.
Mr. Hickok stated that it would have to be 1, 020 square feet.
Councilmember Billings stated that by granting this variance, he felt Council would
be setting a logical precedence, rather than a dangerous precedence.
MOTION by Councilmember Billings to approve the Variance Request, VAR #99-
17, by David Nelson, to allow a private garage to exceed the square footage of the
dwelling unit by 12.6 feet to allow the construction of a garage, and to allow the side
yard setback variance request from 5 feet to 3 feet with the following four
stipulations: 1) No home occupations shall take place from this garage; 2) Garage
and home shall have matching siding/color scheme; 3) Garage shall be built to meet
all fire and building codes; and 4) Garage shall not exceed 800 square feet.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSEN
DECLARED THE MOTION CARRIED UNANIMOUSLY WITH THE
FOLLOWING STIPULATIONS
20.
(WARD 3):
Mr. Pribyl, Finance Director, explained thaton July 14, 1999, the project plans
were made available to the public for the rem deling of the third liquor store. On
August 18 the lowest bidder per the bid revi w was Lund Martin Construction.
Staff recommended the award of the contract to and Martin Construction, Inc., for
a total bid of $419,800.
The bids were as follows:
THE FRIDLEY CITY COUNCIL MEETING OF AUGUST 23,1999 PAGE 16
DNR Construction Servi s
Met -Con Metro, Inc.
Hunerberg Construction mpany
Parkos Construction Compny
Meisinger Construction Co pany, Inc.
Construction Analysis & M t, Inc.
Loeffel-Engstrand Corporati n
Merrimac Construction Com ai
CM Construction Company, I c
Rochon Corporation
Thor Construction, Inc.
Lund Martin Construction, Inc.
Councilmember Billings asked if the
the spreadsheets were added together
Mr. Pribyl stated that the bid specifi
cost from actual construction, but both
, Inc.
Bid Bond
Total Bid
$7,659
$445,061
4,200
443,800
7,200
472,000
4,300
462,400
5,000
454,000
6,700
465,000
8,000
469,000
4,688
442,116
4,300
412,000
6,300
560,000
6,638
442,500
4,157
415,643
of $415,643 and the bid bond of $4,157 on
the total bid of $419,800.
MOTION by Councilmember Bolkcom, to
Lund Martin Inc., for the construction of
by Councilmember Barnette.
UPON A VOICE VOTE, ALL VC
DECLARED THE MOTION CARRIED
21.
1
ins called for separation of the bid bond
components of the agreement amount.
ive the bids and award the contract to
Fridley Liquor Warehouse. Seconded
IG AYE, MAYOR JORGENSON
ANIMOUSLY.
Mr. Pribyl, Finance Director, explained that thisesolution has three key points: It
would increase the amount of the issuance up to $ 0,005,000; The interest rate was
being adjusted so that it may not exceed eight p rcent (8%) per annum; and this
issue would become non-bank qualified because it a ceeds a $10,000,000 cap.
Councilmember Bolkcom asked what non-bank quabl Eying means.
Mr. Pribyl stated that it has to do with how rea' y bonds can be marketed by
banks for these types of bonds. There is a cap on all onds exceeding $10,000,000.
This would not place the City at any risk for financial 'ability.
Councilmember Bolkcom stated that there had bAen some questions about
statements of compliance and issues about prevailing age with some of the work
AGENDA ITEM
CITY COUNCIL MEETING OF AUGUST 23, 1999_.
CITY OF
FRUXEY
Date: 8/16/99
To: William Bums, City Manager
From: Barbara Dacy, Community Development Director
Scott Hickok, Planning Coordinator
Paul Bolin, Planning Assistant
RE: Appeals Commission action on VAR #99 -17
INTRODUCTION
M-99-188
Dave Nelson is seeking to decrease the required side yard setback from 5' to 3' and to allow a
private garage to exceed the square footage of the dwelling unit by 12.6 square feet. The
petitioner would like to replace his existing 440 square foot garage with a new 792 square foot
garage, which would exceed the square footage of the dwelling unit by slightly over 12 square
feet. The existing garage currently meets the code required setbacks, while the new garage
would require a 2' variance to the setback.
APPEALS COMMISSION ACTION
At the August 11 th, 1999 Appeals Commission meeting, a public hearing was held for VAR 99-
17. After much discussion over the proposed project and Staffs recommendation, a motion was
made to grant the variance for the side yard setback and deny the variance allowing the square
footage of the garage to exceed the square footage of the home. While the sideyard setback
reduction request was within previously granted dimensions, the request to allow the square
footage of the garage to exceed that of the home, would have set a precedence that the Appeals
Commission would like to avoid. The Appeals Commission re -iterated that the architectural
style, siding, and colors of the garage match those of the home. The Commission also added a
stipulation that the garage must meet all fire codes.
PLANNING STAFF RECOMMENDATION
City Staff recommends denial of the variance to allow the square-, footage of the. garage. ,to
exceed the square footage of the home, and has no recommendation on the request' to
decrease the required side yard setback from 5' to 3. If approved, staff recommends the
following stipulations:
1. No home occupations shall take place from this garage.
2. Garage and home shall have matching siding / color scheme.
3. Garage shall be built to meet all fire and building codes.
City of Fridley Land Use Application
VAR -99-17- August 11, 1999
GENERAL INFORMATION SPECIAL INFORMATION
Applicant:
Dave Nelson
7395 Van Buren St. NE
Fridley, MN 55432
Requested Action:
Variance
Purpose:
To decrease the required side yard setback
from 5' to 3' and to allow a private garage
to exceed the square footage of the
dwelling unit by 12.6 square feet
Existing Zoning.
'Residential - 1
Location:
7395 Van Buren St. NE
Size:
14, 875 sq. ft .34 acres
Existing Land Use:
Single Family Home
Surrounding Land Use & Zoning:
N: Single Family & R-1
E: Single Family & R-1
S: Single Family & R-1
W: Single Family & R-1
Comprehensive
Plan Conformance:
Consistent with Plan
Zoning
Ordinance Conformance:
Sec. 205.07.03.D.(2).(b) requires a minimum side
yard setback of 5'. Sec. 205.07.0I.B.(4).(a)
requires a private garage not exceed the square
footage of the dwelline unit
Zoning ffistory:
Lot platted in 1950.
Home built in 1951.
Lot23, Block 4, Shaffer's Sub. #1
Council Action:
August -23, 1999
Public Utilities: -
Home is connected
Transportation:
Home is accessed via Van Buren.
Physical Characteristics:
Lot is covered by grass, home and an
existing earaee.
SUMMARY OF PROJECT
Dave Nelson is seeking the variances in order to
construct a garage on his property.
SUMMARY OF HARDSHIP
"To move the garage completely in back of the
house would greatly compromise the, aesthetics
of the back yard..... The 12.6 sq. ft. that the
garage is bigger than the house is so minimal no
one will notice without knowledge of the
building code and the aid of a measuring
device. " (Full letter attached)
SUMMARY OF ANALYSIS
City Staff recommends denial of this variance
request. No variances to allow the square
footage of a private garage to exceed the
square footage of the dwelling unit have been
granted.
I (View of existing garage)
Legal Description of Property: Staff Report Prepared by: Paul Bolin
VAR -99-17
HARDSHIP STATEMENT
• See attached letter from petitioner.
ANALYIS
Dave Nelson is seeking to decrease the required side yard setback from 5' to 3' and to allow a
private garage to exceed the square footage of the dwelling unit by 12.6 square feet. The
petitioner would like to replace his existing 440 square foot garage with a new 792 square foot
garage, which would exceed the square footage of the dwelling unit by slightly over 12 square
feet. The existing garage currently meets the code required setbacks, while the new garage
would require a 2' variance to the setback.
Fridley requires that the square footage of c
dwelling unit in order to keep the principle u
garages have historically led to a commercial
home occupations.
arages not exceed the square footage of the
e of a residential property, residential. Large
appearance and have often encouraged illegal
RECOMMENDATIONS -
City Staff recommends denial of this variance request. No variances to allow the square footage
of a j rivate garage to exceed the square footage of the dwelling unit have been granted.
(Existing garage)
(Home)
STIPULATIONS
Staff recommends that if these variances are granted that the following stipulations be attached.
1. No home occupations shall take place from this garage.
2. Garage and home shall have matching siding / color scheme.
3. Garage and home shall be built to meet all fire and building codes.
APPEALS COMMISSION. .cTING, AUGUST 11, 1999
PAGE 11
Mr. Kuechle asked Mr. Holman if tl�e west side of his building was paved.
Mr. Holman stated that the west sidk was mostly not paved. There are some driveways
on the west side, but there is still quite a bit of gravel on the west side and also on the
south. They intend to put additions o the building and that is why they asked for the
five year extension for the paving, curs and gutter.
Ms. Beaulieu asked if he was okay
Mr. Holman stated he was.
MOTION by Ms. Mau, seconded by Ms.
the four stipulations.
;u to close the public hearing.
UPON A VOICE VOTE, ALL VOTING A, CHAIRPERSON KUECHLE DECLARED
THE MOTION CARRIED AND THE HEARING CLOSED AT 8:36 P.M.
MOTION by Ms. Beaulieu, seconded by M Mau, to recommend approval of Variance
Request, VAR #99-15, to allow unscreened oading docks adjacent to the public right-
of-way on Lots 1 & 2, Auditor's Subdivision o. 78, generally located at 5400 Main
Street with the following stipulations:
1. The petitioner shall complete all of the pa ng, curbing, guttering, and landscaping to
approval of City staff within five years of th issuance of the variance, or the
variance shall become null and void in that a building would become a non-
conforming use.
2. The petitioner shall grant a 17 -foot bikeway/ alkway easement across the
easternmost edge of the property in the even that a bikeway/walkway is constructed
along Main Street.
3. Alitemp shall pay any assessments associated ith future off-street
bikeway/walkway path along Main Street.
4. The petitioner shall file the letter -of -intent to com lete the curbing and paving with
Anoka County Recorder to provide future owners otice of the property. The
proposed expansion is set back 75' from the nort m edge of the existing building.
To the east, the residential properties will not be a le to see the loading docks.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED
THE MOTION CARRIED UNANIMOUSLY. 11
5. PUBLIC HEARING: CONSIDERATION OF VARIANCE REQUEST. VAR #99-
17. BY DAVID NELSON:
Per Section 205.07.03.D.(2).(b) of the Fridley Zoning code, to reduce the
required side yard setback from a property line from 56 feet to 3 feet, and Per
Section 205.07.01 B.(4) of the Fridley Zoning Code, to allow a private garage to
exceed the square footage of the dwelling unit by 12.6 feet, to allow the
APPEALS COMMISSIOI _ETING, AUGUST 11, 1999 PAGE 12
construction of a garage on Lot 23, Block 4, Shaver's Subdivision No. 1,
generally located at 7395 Van Buren Street.
MOTION by Ms. Beaulieu, seconded by Ms. Mau, to open the public hearing.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED
THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPEN AT 8:37 P.M.
Mr. Bolin stated that petitioner -Dave Nelson was seeking to decrease the required rear
yard setback from 5' to 3' and also. to allow a part of the garage to exceed the square
footage of the dwelling -unit by 12.6 square feet. The petitioner= would like to replace his
existing 440 square foot garage with a new 792 square foot garage. This would exceed
the dwelling unit by slightly over 12 square feet. The City code requires a minimum side
yard setback of five feet and also requires that a private garage not exceed the square
footage of the dwelling unit.
Mr. Bolin stated the property located at 7395 Van Buren is zoned R-1 as are all the
surrounding properties. The lot was platted in -1950 and the home built in 1951. There
is no record of the building permit for the existfng garage. The petitioners' hardship
statement states that to move the garage- completely in back of the house would greatly
compromise the aesthetics of the backyard. The 12.6 square feet of the garage
exceeding the house is so minimal that no one will notice without knowledge of the
building code and the aid of a measuring device.
Mr. Bolin stated staff recommends denial of these two variance requests. No variance
has been granted to allow the square footage of a private garage to exceed the square
footage of the dwelling unit. It is possible for the petitioner to remove one foot off the
length of the back end of the garage. If a foot or two was taken off the back side of the
garage, it would bring the garage to be less than the dwelling unit.
Mr. Bolin stated staff recommends that if these variances are granted, the following
stipulations be added:
1. No home occupation shall take place from this garage
2. The garage and home have matching siding/color scheme.
3. The garage shall be built to meet all ,fire and building codes.
Mr. Kuechle asked if an accessory building was built on this lot, could the combination
of the garage and accessory building exceed the -size of the house?
Mr. Hickok stated that the first accessory building shall not exceed the first floor living
area of the home. Fourteen hundred square feet is the total allowable combined total of
the accessory building and the home.
Mr. Kuechle asked if there are any fire codes they should be addressing in any
stipulations and is the three-foot separation enough to meet the fire codes?
APPEALS COMMISSION ...cETING, AUGUST 11, 1999 PAGE 13
Mr. Bolin stated that 3 feet is the breaking point. If it is any less than three feet, then
you have the fire wall issues.
Ms. Beaulieu asked if neighbors to the north had any concerns.
Mr. Bolin stated that no neighbors have expressed any concerns.
Mr. Kuechle asked if City staff had any problem with separating the two variances out
so that they could choose to grant the variance for the three foot setback from the side
yard but not approve the one exceeding the square foot of the garage from the dwelling
unit.
Mr. Bolin stated, yes.
Mr. Dave Nelson stated that his house is a very old house. The garage is bigger and
kind of takes the place as far as eliminating the need for a bigger house. He stated he
thinks the house measurements could be wrong. It is a real small house and he has no
desire to add on to the house. He has no desire to build a shed and feels adding on to
the garage would be adequate. He feels 12.6 feet is not noticeable without a measuring
device.
Ms. Beaulieu asked Mr. Nelson if they approved the three feet but not the garage
extension, could he consider making the garage a couple of feet shorter?
Mr. Nelson stated that even if it is a foot smaller, he would still be charged the same
amount for building. He asked if he could get someone from the City to measure the
house and find if it is bigger than the garage.
Ms. Beaulieu stated that it would be a bad precedent to set if they let someone have a
garage bigger than a house. She stated that she understood why he would want to go
from five feet to three feet and not cut the trees down in the backyard.
Mr. Nelson stated thet he might not build at all if it does come down from V to 3'. He
definitely would like to have the extra 12.6 feet.
Ms. Mau asked if he had spoken with the neighbors to the north about putting in a
garage that large.
Mr. Nelson stated that he had told them he wanted to put in a bigger garage. He asked
if adding a little porch would add on to the square footage of the house?
Mr. Bolin stated that it would have to be living space.
Mr. Kuechle stated that might be something he would have to consider because he is
really close. He stated that he thought the garage looked like it should be attached to
the house.
Mr. Nelson stated he wouldn't want to attach the garage to the house to begin with.
APPEALS COMMISSION ETING, AUGUST 11, 1999 PAGE 14
Mr. Bolin stated that he could possibly attach the garage to the house with a screened
in breezeway to give him enough square footage.
Mr. Nelson stated that he didn't want to attach to the house in case of fire hazards and
protection for the house from smoke damage.
MOTION by Ms. Beaulieu, seconded by Ms. Mau, to close the public hearing.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED
THEWOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 8:54 P.M.,
.
Ms. Beaulieu stated that she saw the hardship from 5' to 3' because she can see how
he wouldn't want to move the whole structure to the back of.his house. She stated that
granting the garage variance is a precedent that she wouldn't care to vote for; ---
Ms. Mau stated that she agreed. She feels the garage is crying to be attached -to -the
house. She has a problem with 3' rather, than 5' and doesn't feel comfortable with. the.,:
precedent of the garage being bigger than the house.
Mr. Kuechle stated that 12.6 feet doesn't bother him as much as setting the precedent
for granting a variance for the primary accessory building being larger than the square
foot of the house. He would recommend approval of the side yard setback from 5' to 3°,
and -he -would recommend denial of the 12.6 extra square feet.
MOTION by Ms. Beaulieu, seconded by Ms. Mau, to approve variance, VAR #99-17, by
David Nelson to reduce the required side yard setback from a property line from 5 feet
to 3 feet to allow the construction of a garage on Lot 23, Block 4, Shaeffer's Subdivision
No. 1, generally located at 7395 Van Buren Street with the following stipulation:
1. No home occupations shall take place from this garage.
2. The garage and home shall have matching siding/color scheme.
-3. The garage shall be built to meet all fire and building codes.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIPERSON KUECHLE DECLARED
THE MOTION CARRIED UNANIMOUSLY.
MOTION by Ms. Beaulieu,. seconded by Ms. Mau, to deny variance, VAR #99-17, by
David Nelson to allow a private garage to exceed the square footage of the dwelling unit
by 12.6 feet to allow the construction of a garage on Lot 23, Block 4, Shaeffer's
Subdivision No. 1, generally located at 7395 Van Buren Street.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIPERSON KUECHLE DECLARED
THE MOTION CARRIED UNANIMOUSLY.
Mr. Hickok stated that the City measured from an aerial perspective and suspects that
Mr. Nelson's measurements are correct. It is unconventional for the City to measure
houses, but it is a possibility with the building inspection staff.
APPEALS COMMISSION aTING, AUGUST 11, 1999 PAGE 15
Mr. Kuechle stated that Mr. Nelson still has the option to receive the request for the
extra 12.6 feet at the City Council on August 23, 1999.
7. UPDATE ON PLANNING COMMISSION AND CITY COUNCIL ACTIONS:
Mr. Hickok,provided an update :of past Planning Commission and City Council actions.
Mr. Hickok stated that he:':wanted to -take a moment to introduce Lori Skotterud. He
stated Lori in the second year of internship at the City of Fridley and is in a graduate
program-at.the.University,of_Wisconsin-Milwaukee for the Planning Program. Lori has
been A vohderfUt" dition'to the staff and will be with the City through the end of
August.
ADJOURNMENT:
MOTION by Ms. Beaulieu, seconded by Ms. Mau, to adjourn the meeting.
UPON°#VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED
THE -AUGUST 11, 1999, APPEALS COMMISSION MEETING ADJOURNED AT 9:05
P.M.
Respectfully Submitted,
"; t � �__ ' — __
Sig4 Joh*n
Recording Secretary
City of Fridley Land Use Application
VAR -99-17 August 11, 1999_
GENERAL INFORMATION SPECIAL INFORMATION
Dave Nelson
7395 Van Buren St. NE
Fridley, MN 55432
Requested Action:
Variance
Purpose:
To decrease the required side yard
setback from 5' to 3' and to allow a
private garage to exceed the square
footage of the dwelling unit by 12.6
square feet.
Existing Zoning:
Residential - 1
Location:
7395 Van Buren St. NE
Size:
14, 875 sq. ft. .34 acres
Existing Land Use:
Single Family Home
Surrounding Land Use & Zoning:
N: Single Family & R-1
E: Single Family & R-1
S: Single Family & R-1
W: Single Family & R-1
Comprehensive
Plan Conformance:
Consistent with Plan
Zoning
Ordinance Conformance:
Sec. 205.07.03.D.(2).(b) requires a minimum
side yard setback of 5'. Sec. 205.07.0l.B.(4).(a)
requires a private garage not exceed the square
footage of the dwelling unit.
Zoning History:
Lot platted in 1950.
Home built in 1951.
)escription of Property:
Lot23, Block 4, Shaffer's Sub. #1
Council Action:
August 23, 1999
Public Utilities:
Home is connected.
Transportation:
Home is accessed via Van Buren.
Physical Characteristics:
Lot is covered by grass, home and an
existing garage.
SUMMARY OF PROJECT
Dave Nelson is seeking the variances in order to
construct a garage on his property.
SUMMARY OF HARDSHIP
"To move the garage completely in back of the
house would greatly compromise the aesthetics
of the backyard .... The 12.6 sq. ft. that the
garage is bigger than the house is so minimal
no one will notice without knowledge of the
building code and the aid of a measuring
device. " (Full letter attached)
SUNEVIARY OF ANALYSIS
City Staff recommends denial of this variance
request. No variances to allow the square
footage of a private garage to exceed the square
footage of the dwelling unit have been granted.
(View of existing garage)
Staff Report Prepared by: Paul Bolin
VAR -99-17
HARDSHIP STATEMENT
• See attached letter from petitioner.
ANALYIS
Dave Nelson is seeking to decrease the required side yard setback from 5' to 3' and to
allow a private garage to exceed the square footage of the dwelling unit by 12.6 square
feet. The petitioner would like to replace his existing 440 square foot garage with a
new 792 square foot garage, which would exceed the square footage of the dwelling
unit by slightly over 12 square feet. The existing garage currently meets the code
required setbacks, while the new garage would require a 2' variance to the setback.
Fridley requires that the square footage of garages not exceed the square footage of
the dwelling unit in order to keep the principle use of a residential property, residential.
Large garages have historically led to a commercial appearance and have often
encouraged illegal home occupations.
RECOMMENDATIONS
City Staff recommends denial of this variance request. No variances to allow the
square footage of a private garage to exceed the square footage of the dwelling unit
have been granted.
(Existing garage)
(Home)
STIPULATIONS
Staff recommends that if these variances are granted that the following stipulations be
attached.
1. No home occupations shall take place from this garage.
2. Garage and home have matching siding / color scheme.
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Mr. Dave Nelson
7395 Van Buren St. NE �;•. ; ..{. ;..,, a .,,� ...�.,.... .w.:.:.•... , -
Fridley, MN 55432
CITY
LEGAL DESCRIPTION
LOT;
BLOCK:
ADDITION:7.
,
LOTSIZE:
HOUSE SIZE: , ..... r ... _.. .
CROSS STREETS: _. . _._,
AND '.... .. : '
Le
DI RECTION
71i AVENU
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RI - One FarMy Urft
R 2 - Two Family Units
M•1- Ught Indtww
M•2 - I�Indushiat
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R 3 -General Multiple Units
RA-
R-4- Mobile Homs Parks
M 3 - Intensive Heavy lrrdt�rial
0 P- Public Facflydes
A
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Anoka GIS
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PUD - Planned Unit Development
s-1' Par* Nef I !=ds
A-�iroads Land Use Permit Application, VAR #99-17
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C•R1- General Office
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CITY OF FRIDLEY
6431 UNIVERSITY AVENUE
FRIDLEY, MN 55432
(612) 571-3450
COMMUNITY DEVELOPMENT DEPARTMENT
VARIANCE APPLICATION FOR:
ResidentialCommercial/Industrial Signs
PROPERTY INFORMATION: site plan required for submittal, see attached
Address: 732M llza gvreg,
Property Identification Number. I/ 3® 2 q l 00 71
Legal Description: Lot 23 Block Tract/Addition
Current Zoning: Square fo tage/acreage: I L�t 575- SF
Reason for V riance: `
6
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
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FEE OWNER INFORMATION (as it appears on the property title)
(Contracturchas rs: Fee owners must sign this form prior to processing)
NAME: v
ADDRESS:
DAYTIME PHONE: %YoY 7� SIGNATURE/DATE:
�.V►�r,V1.�1AnVM�IwI�V,V�rMM�M�/
PETITIONER INFORMA ON
NAME:
ADDRESS: e
DAYTIME PHONE.'-/� SIGNATURE/DATE: -
Section of City Code:
FEES
Fee: $100.00 for commercial, industrial, or signs:
Fee: $60.00 for residentialproperties: Receipt #: `�.�Received By.
Application Number. `�-- `7
Scheduled Appeals Commission Date:
Scheduled City Council Date:
10 Day Application Complete Notification Date:
60 Day Date:
City Qf Fridley Land Use
Application Process
60 Day Agency Action Law
Application Date Planning Commission Meeting
60 Day Window Starts I I Recommendation to Council
i
i
e
Submit Complete
Application .and
Materials .
21-4� Day
i
i
Application Complete i
10 Day Notice
Public Hearings:
Variance
Vacations
Lot Splits
Plats
Rezonings
Zoning Amendments
Wetland Replacements
Comprehensive Plan
Special Use Permits
City Council Decision
Approval or Denial
-50-60 Days
Approved, Action Taken Letter
r .
Tabled, 80 More Days
r
i
Denled
Public Hearings:
Rezonings
Zoning Amendments
4
A
CITY OF FRIDLEY PUBLIC HEARING NOTICE
BEFORE THE APPEALS COMMISSION
TO:
Residents within 350 feet of 7395 Van Buren Street
CASE NUMBER:
VAR #99-17
APPLICANT.
David Nelson
7395 Van Buren Street
Fridley, MN 55432
Petitioner or representative must be at meeting.
PURPOSE:
To reduce the required side yard setback from a property line
from 5 feet to 3 feet and to allow a private garage to exceed
the square footage of the dwelling unit by 12.6 feet to allow
the construction of a garage
LOCATION OF
PROPERTYAND
7395 Van Buren Street
LEGAL
DESCRIPTION:
Lot 23, Block 4, Shaffer's Subdivision #1
DATE AND TIME OF
Appeals Commission Meeting, Wednesday, August 11,
HEARING:
1999, at 7:30 p.m.
The Appeals Commission meetings are televised live the
night of the meeting on Channel 35.
PLACE OF
Fridley Municipal Center, City Council Chambers
HEARING:
6431 University Avenue
HOW TO
1. You may attend hearings and testify.
PARTICIPATE:
2. You may send a letter before the hearing to Scott Hickok,
Planning Coordinator, or Paul Bolin, Planner, at 6431
University Avenue N.E., Fridley, MN 55432 or fax at 571-
1287.
SPECIAL
Hearing impaired persons planning to attend who need an
ACCOMMODATION:
interpreter or other persons with disabilities who require
auxiliary aids should contact Roberta Collins at 572-3500 no
later than August 4, 1999.
ANY QUESTIONS:
Contact Scott Hickok, Planning Coordinator, at 572-3599, or
Paul Bolin, Planner, at 572-3593.
Mailing Date: July 30, 1999
LUNDE GEORGE G SCHUTZ DIANE E COSS DONALD J & ROSEMARY
2735 A JENSSEN RD 3814 174TH AVE NW 4207 FILLMORE ST NE
FREDERIC, WI 54837 ANDOVER, MN 55304 COLUMBIA HEIGHT, MN 55421
THOMAS J E & KOLODJSKI M E
5256 197TH AVE NE
WYOMING, MN 55092
PEARSON RICHARD H & EURICE
7331 JACKSON ST NE
FRIDLEY, MN 55432
HANSON WENDY E
7341 JACKSON ST NE
FRIDLEY, MN 55432
LINDQUIST JONATHAN R & S B
7345 VAN BUREN ST NE
FRIDLEY, MN 55432
OLSON JEFFREY K & HALAMA A S
7358 VAN BUREN ST NE
FRIDLEY, MN 55432
KLINGL BERTHA L
7364 ABLE ST NE
FRIDLEY, MN 55432
MARAS RICHARD A & JOY A
7371 JACKSON ST NE
FRIDLEY, MN 55432
BOERGERHOFF ROBERTA C
7374 VAN BUREN ST NE
FRIDLEY, MN 55432
BENFORD THOMAS K & KATHLEEN
7330 ABLE ST NE
FRIDLEY, MN 55432
SCHELLENBERG RICHARD C
7331 VAN BUREN ST NE
FRIDLEY, MN 55432
MATSON MARION M
7344 ABLE ST NE
FRIDLEY, MN 55432
MEINEN STANLEY R & IRENE M
7351 ABLE ST NE
FRIDLEY, MN 55432
YANG XANG & LOR MEE S
7361 JACKSON ST NE
FRIDLEY, MN 55432
CURRENT RESIDENT
7365 ABLE ST NE
FRIDLEY, MN 55432
WOYTASEK WILLIAM.& JUDITH
7371 VAN BUREN ST NE
FRIDLEY, MN 55432
CURRENT RESIDENT
7379 ABLE ST NE
FRIDLEY, MN 55432
MCKUSICK CHARLES J & DIANNE
7330 VAN BUREN ST NE
FRIDLEY, MN 55432
THOMPSON WAYNE R
7339 ABLE ST NE
FRIDLEY, MN 55432
HURT CLYDE E & SUSAN L
7344 VAN BUREN ST NE
FRIDLEY, MN 55432
RITTER TIMOTHY A & CYNTHIA K
7351 JACKSON ST NE
FRIDLEY, MN 55432
BECKLIN ALAN R
7361 VAN BUREN ST NE
FRIDLEY, MN 55432
KRONSCHNABEL ROBERT J
7367 ABLE ST NE
FRIDLEY, MN 55432
HEFFKEN JOHN T & BARBARA A
7374 ABLE ST NE
FRIDLEY, MN 55432
NOBLE LARRY G
7381 JACKSON ST NE
FRIDLEY, MN 55432
FRENCH KEITH V & CHERRY L BIRCH TONY L CURRENT RESIDENT
7386 VAN BUREN ST NE 7388 ABLE ST NE 7389 VAN BUREN ST NE
FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432
ANDERSON D L & KIRCHNER M D _ .JELSON DAVID A -)MARA DEAN R & DIANE M
7391 JACKSON ST NE 7395 VAN BUREN ST NE 7396 VAN BUREN ST NE
FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432
CURRENT RESIDENT
7401 ABLE ST NE
FRIDLEY, MN 55432
BUCHNER JOHN J & EILEEN E
7410 VAN BUREN ST NE
FRIDLEY, MN 55432
CURRENT RESIDENT
7417 ABLE ST NE
FRIDLEY, MN 55432
SACKETT CLIFFORD J & ELIZABETH
7424 ABLE ST NE
FRIDLEY, MN 55432
MAYER MARVEY A
7431 ABLE ST NE
FRIDLEY, MN 55432
HOFSCHULTE DAVID & LINDA M
7440 VAN BUREN ST NE
FRIDLEY, MN 55432
MCINTOSH JOHN & PLUFF K H
7450 ABLE ST NE
FRIDLEY, MN 55432
FUECHTMANN TODD B
9824 YALTA ST NE
CIRCLE PINES, MN 55014
SCHALWIG PETER
7401 JACKSON ST NE
FRIDLEY, MN 55432
MENKEN DANIEL J
7411 VAN BUREN ST NE
FRIDLEY, MN 55432
SCHOFFMAN JAMES F & NANCY G
7420 VAN BUREN ST NE
FRIDLEY, MN 55432
fes'?
MAY STEVEN J & CINDY M t`�'`�
7430 ABLE ST NE
FRIDLEY, MN 55432
BOHLMAN ALLEN J
7431 VAN BUREN ST NE
FRIDLEY, MN 55432
LEE DONNA K
7441 VAN BUREN ST NE
FRIDLEY, MN 55432
PACIOREK PATRICIA 1
7450 VAN BUREN ST NE
FRIDLEY, MN 55432
OETTERER STANLEY E & SUSAN
7410 ABLE ST NE
FRIDLEY, MN 55432
FOSTER DENNIS R & NANCY J
7416 ABLE ST NE
FRIDLEY, MN 55432
JOHNSON MATTHEW C & DAWN J
7421 VAN BUREN ST NE
FRIDLEY, MN 55432
JONES CHARLES J & MARY C
7430 VAN BUREN ST NE
FRIDLEY, MN 55432
SJURSETH DONALD GENE
7440 ABLE ST NE
FRIDLEY, MN 55432
CURRENT RESIDENT
7447 ABLE ST NE
FRIDLEY, MN 55432
Peso dmf Pat
-
CHAVIE THOMAS A JR & SHIRLEY A
7451 VAN BUREN ST NE
FRIDLEY, MN 55432