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VAR 96-26STATE OF MINNESOTA ) COUNTY OF ANOKA ) APPEAI 'OMMISSION PROCEEDINGS VARIANCE CITY OF FRIDLEY ) In the Matter of: a variance, .VAR X696-26 1252210 Owner: Brendan M. and Cheryl A. Klein The above entitled matter came before the Appeals Commission of the City of Fridley and was heard on the 23rd day of October , 19 96 , on a petition for a variance pursuant to the City of Fridley's Zoning Ordinance, for the following described property: To increase the size of a first accessory structure from .1,000 square feet to 1,312 square feet to allow the construction of a 20' x 24' garage addition on Lot 13, Block 1, Innsbruck North 2nd Addition, generally located at 1419 West Danube Road N.E. IT IS ORDERED that a variance be granted as upon the following conditions or reasons: Approval with one stipulation. October 23, 1996. STATE OF MINNESOTA ) COUNTY OF ANOKA ) CITY OF FRIDLEY ) See Appeals Commission meeting minutes of OFFICE OF THE CITY CLERK I, William A. Champa, 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 out�& , 19 96, - DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 William A. Champa, City ler1 ,, ,, Variances are valid for a period of one year following approval grid sh'l', ",be' considered void if not used within that period. Hrrrp►w cvMM1s510 MEETING OCTOBER 23,199& PAGE 9 I. Wetland Replacement Plan, #96-01, shall be approved. UPON A VOICE VOTE, MS. SAVAGE, MS. BEAULIEU AND MR. KUECHLE VOTING AYE, DR. VO STAINING, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED B MAJORITY VOTE. 4. Per Section 205.07.01..6.(4).(a) of the Fridley Zoning Code, to increase the size of a first accessory structure from 1,000 square feet to 1,312 square feet to allow the construction of a 20 foot by 24 foot garage addition on Lot 13, Block 1, Innsbruck North 2nd Addition, also known as 1419 West Danube Road. MOTION by Dr. Vos, seconded by Ms. Beaulieu, to waive the reading of the public hearing notice and to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 8:12 P.M. Ms. McPherson stated the property is located at 1419 West Danube Road. The parcel is on a cul-de-sac in the southeast comer of the. City. Located on the subject parcel is a single family dwelling with an attached three -car garage. The petitioners are proposing to add a three -season porch addition off the rear and are in the process of removing a deck The proposal is to construct a 20 -foot by 24 foot attached garage addition to the north portion of the subject property adjacent to the existing three car garage. The variance request would increase the size of the first accessory structure from 1,000 square feet to 1,312 square feet, Ms. McPherson stated the petitioners reviewed a number ' 11 1 options for additional garage s of aliev�ues jo ioo��attached era 9 payEssenball glmolt the shedPlanninga ge or to go through the second y� they had Wo altematives - to construct an Commission to add a detached Ofy special use permit Process before Ma � _ garage in the rear'yard. variance to reduce die ttL'C5 perry aram reouoe the landscape work required to mitigate the slope from the font to the back of the property. The addition does not encroach into any setbacks and does not increase the required lot coverage to more than 25% as permitted by the R-1 district. I I i� 99 An ranted war"Iar�CeS, kh� �� nest is wiihin previously g , • mend t to recom chooses . C e Comds lon recommendation for the Appeals CommISS1011. �T . U I - ulation: - - approval of the request, staff recommends the following sti p_ 1. The hard ccodate a garage surface driveway shall be expanded to aomm addition by .October 1, 1997., APPEALS COMMISSION MEETING OCTOBER 23 1M PAGE 10 Ms. McPherson stated there is a small asphalt pad adjacent to the existing garage at this time which will be expanded to accommodate the proposed garage. Ms. Beaulieu asked if it was correct that.the petitioners currently have a three -car garage and are requesting a two -car garage addition. Ms. McPherson stated yes. The existing garage is 32 feet by 26 feet. It is 32 feet across the front and has three garage doors. Mr. Kuechle asked how close this request comes to the 25% lot coverage. Ms. McPherson stated this would be 15% coverage. Dr. Vos asked how many square feet of living space were in the first floor. Ms. McPherson stated the living space on the first floor is 985 square feet. With the proposed three -season porch addition, that will be 1,349 square feet. Mr. Kuechle asked if the trailer in the front yard was permissible. Ms. McPherson stated the trailer is temporary. The petitioner is in the process of painting the garage floor and is storing his belongings in the trailer. The trailer will be moved. Mr. Klein stated staff had covered the information. He has cars he wants to shelter. Mr. Kuechle asked him abut the plans for the trailer. Mr. Klein stated everything from the garage is in the trailer while he is painting the garage floor. The trailer will be removed on Saturday. Weather has delayed the project. Ms. Klein stated the trees are the issue. They were thinking of building a storage shed in the rear comer. There are truly many mature trees on that lot. Even for a storage shed, some of the trees would have to be taken down. With this option, no trees would have to come down. Mr. Kuechle asked if they would follow the plan so the garage is set back. Mr. Klein stated, yes. When coming around the curie -sac, .you willnot notice much difference.- He has talked with the neighbors who have no objections. Dr. Vos stated it seems that the garage area will be larger than the first floor living space. Ms. Klein stated they had actually talked about a larger g porch .but it would have cut off a (� window and affected the roof line. Therefore, the addition is smaller. I. Wetland Replacement Plan, #96-01, shall be approved. UPON A VOICE VOTE, MS. SAVAGE, MS. BEAULIEU AND MR. KUECHLE VOTING AYE, DR. VO BSTAINING, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED B MAJORITY VOTE 3 Per Section 205.07.01..B.(4).(a) of the Fridley Zoning Code, to increase the size of a first accessory structure from 1,000 square feet to 1,312 square feet to allow the construction of a 20 foot by 24 foot garage addition on Lot 13, Block 1, Innsbruck North 2nd Addition, also known as 1419 West Danube Road. MOTION by Dr. Vos, seconded by Ms. Beaulieu, to waive the reading of the public hearing notice and to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 8:12 P.M. Ms. McPherson stated the property is located at 1419 West Danube Road. The parcel is on a cul-de-sac in the southeast comer of the. City. Located on the subject parcel is a single family dwelling with an attached three -car garage. The petitioners are proposing to add a three -season porch addition off the rear and are in the process of removing a deck The proposal is to construct a 20 -foot by 24 -foot attached garage addition to the north portion of the subject property' adjacent to the existing three car garage. The variance request would increase the size of the first accessory structure from 1,000 square feet to 1,312 square feet. Ms. McPherson stated the petitioners reviewed a number of altematives to look at their options for additional garage space. Essentially, they had two altematives - to construct an attached garage or to go through the second accessory special use permit process before the Planning Commission to add a detached garage in the rear yard. Ms. McPherson stated to the east of the property is Farr Lake Park and there is a bituminous walking path which parallels the rear lot line. The petitioners are requesting a variance to reduce the impact on the trees located to the rear of the property and to reduce the landscape work required to mitigate the slope from the front to the back of the property. The addition does not encroach into any setbacks and does not increase the required lot coverage to more than 25% as permitted by the R-1 district. Ms. McPherson stated the request is within previously granted variances. Staff has no recommendation for the Appeals Commission. If, the -Commission chooses to recommend approval of the request, staff recommends the following stipulation; APPEALS COMMISSION MEETING OCTOBER 23 1996 PAGE 10 Ms. McPherson stated there is a small asphalt pad adjacent to the existing garage at this time which will be expanded to accommodate the proposed garage. Ms. Beaulieu asked if it was correct that _the petitioners currently have a three -car garage and are requesting a two -car garage addition. Ms. McPherson stated yes. The existing garage is 32 feet by 26 feet. It is 32 feet across the front and has three garage doors. Mr. Kuechle asked how close this request comes to the 25% lot coverage. Ms. McPherson stated this would be 15% coverage. Dr. Vos asked how many square feet of living space were in the first floor. Ms. McPherson stated the living space on the first floor is 985 square feet. With the proposed three -season porch addition, that will be 1,349 square feet. Mr. Kuechle asked if the trailer in the front yard was permissible. Ms. McPherson stated the trailer is temporary. The petitioner is in the process of painting the garage floor and is storing his belongings in the trailer. The trailer will be moved. Mr. Klein stated staff had covered the information. He has cars he wants to shelter. Mr. Kuechle asked him about the plans for the trailer. Mr. Klein stated everything from the garage is in the trailer while he is painting the garage floor. The trailer will be removed on Saturday. Weather has delayed the project. Ms. 14ein stated the trees are the issue. They were thinking of building a storage shed in the rear comer. There are truly many mature trees on that lot. Even for a storage shed, some of the trees would have to be taken down. With this option, no trees would have to come down. Mr. Kuechle asked if they would follow the plan so the garage is set back. Mr. Klein stated, yes. When coming around the cul-de-sac, you will not notice much difference. - He has talked with the neighbors who have no objections. Dr. Vos stated it seems that the garage area will be larger than the first floor living space. Ms. Klein stated they had actually talked about a larger porch but it would have cut off a window and affected the roof line. Therefore, the addition is smaller. ppp_ APPEALS COMMISSION MEETING OCTOBER 23 1996 _ PAGE 11 1 Ms. McPherson stated .the house is 1,349 square feet and the garage space -is 1,312 square feet. Ms. Beaulieu asked that if this was a detached garage, would a variance be needed? Ms. McPherson .stated they would need a special use permit and would be allowed to go to 1400 square feet so it could be larger. A special use permit would be required because this would be a second accessory structure over 240 square feet. MOTION by Dr. Vos, seconded by Ms. Beaulieu, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:22 P.M. , Dr. Vos stated he was glad the neighbors had approved of the variance request. He would protest. He thought it would affect the value of the property. If the neighbors approve, they have to live with it. For that reason, he would approve the variance. Mr. Kuechle stated he thought the options are available to attach the garage to the house and setting it back is probably the best choice. It impacts the lot the least. He would recommend approval. Ms. Savage stated the Commission has been concerned in the past about building additional garage space and setting a precedent. It does not appear this is the same situation. Staff is indicating that this request is within previously granted variances. It does not seem it would have the same adverse impact as some of the other requests for larger garages. She would recommend approval. Ms. Beaulieu agreed. MOTION by Dr. Vos, seconded by Ms. Savage, to approve Variance Request, VAR #96- 26, by Brendan and Cheryl Klein, to increase the size of a first accessory structure from 1,000 square feet to 1,312 square feet to allow the construction of a 20 foot by 24 foot garage addition on Lot 13, Block 1, Innsbruck North 2nd Addition, also known as 1419 West Danube Road, with the following stipulation: The hard surface driveway shall be expanded to accommodate the garage addition by October 1, 1997. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. A Ms. McPherson provided an update on Plan Commission and City Council actions. A STRACT Receipt # '5�0So-z L `ertified Copy DOCUMENT NO. 1252240.0 ABSTRACT Date/Time: .D 0 Tax LPc, sl^.e!e=res Doc. Order ___L_ of _o MuPti_Co Doc Tax PFS ; ANOKA COUNTY MINNESOTA by: Recordability: [I Transie New I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS FILED IN THIS OFFICE E] Desc. FOR RECORD ON NOV 19 96 Filing Fees: ❑ Division ❑ GAC AT 5:00 PM AND WAS DULY RECORDED. De(gs: Pins: Def, FEES AND TAXES IN THE AMOUNT OF $19.50 PAID. ❑ Status ❑ Spec, RECEIFTNO. 96080507 EDWARD M. TRESKA ANOKA COUNTY PROPERTY TAXADMINISTRATOR/RECORDER/REGISTRAR OFTITLES BY DKD DEPUTY PROPERTY TAX A DMINISTRA TOR/RECORDER/REGISTRAR OF TITLES I CITYOF FRIDLEY FRIDLEY MUNICIPAL CENTER - 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 - (612) 571-3450 - FAX (612) 571-1287 APPEALS COMMISSION ACTION TAKEN NOTICE Brandon and Cheryl Klein October 24, 1996 1419 West Danube Road Fridley, MN 55432 Dear Mr. & Mrs. Klein: On October 23, 1996, the Fridley Appeals Commission officially approved your request for a variance, VAR #96-26, to increase the size of a first accessory structure from 1,000 square feet to 1,312 square feet to allow the construction of a 20 foot by 24 foot garage addition on Lot 13, Block 1, Innsbruck North 2"d Addition, also known as 1419 West Danube Road, Fridley, Minnesota, with one stipulation: 1. The hard surface driveway shall be expanded to accommodate the garage addition by October 1, 1997. You have one year from the date of Appeals Commission action to initiate construction. If you cannot begin construction in 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 572-3593. Sincerely, J[� q4� 6 Michele McPherson Planning Assistant MIS Please review the above, sign below, and return the original to the City of Fridley Planning Department by November 7, 1996. 17 Concur with action taken. CITY OF FRIDLEY E) EY COMMISSION APPLICATION REVIEW File Number 56 File Date 9/25/96 Meeting Date 10/23/96 ------------------------------------------ ------------------------------ Description: VAR #96-26, Brendan & Cheryl Klein, 1419 West Danube Road Increase size of a first accessory structure from 1,000 sq. ft. to 1,312 sq. ft. * * Return to the Community Development Department Barbara Dacy Community Development Director John Flora Public Works Director Ed Hervin City Assessor Scott Hickok Planning Coordinator Ron Julkowski Chief Building Official Dick Larson Fire Marshall Michele McPherson Planning Assistant Dave Sallman Police Chief Jon Wilczek Asst. Public Works Director -�-(e': ,6w(ww 14X30 414' keAe57 �� ,' 3Z.x?mss= %E�'-" f, -warp 780 Aftrnou . 40 _ �312`� 9gS i Tcrr� � DESCRIPTION OF REQUEST: The petitioners request that a variance be granted to increase the maximum square footage of a first accessory structure from 1,000 square feet to 1,312 square feet. If approved, the variance would allow construction of a 20 foot by 24 foot garage addition. SUMMARY OF ISSUES: Section 205.07.01.B.(4).(a) of the Fridley Zoning Code requires that a first accessory building shall not exceed 100% of the first floor area of the dwelling unit or a maximum of 1,000 square feet. Public purpose served by this requirement is to maintain the residential quality of a neighborhood by limiting the size of accessory structures. The petitioners desire to have additional garage space. In reviewing the alternatives, the petitioners looked at an attached garage and a detached garage. The petitioners' property is adjacent to the Farr Lake Park. Building a detached structure would require the removal of a number of trees on the rear of the property and extensive landscape work to address the change in topography. The proposal maintains a compact footprint for the dwelling and accessory structures. The proposed addition does not violate encroach into any setback areas nor does it increase the required lot coverage to greater than 25%. The request is within previously granted variances. HARDSHIP STATEMENT: See attached letter. RECOMMENDED ACTION: As the request . is within previously granted variances, staff has no recommendation for the Appeals Commission. If the Commission chooses to approve the request, staff recommends one stipulation: 1. The hard surface driveway shall be expanded to accommodate the garage addition by October 1, 1997. Staff= Report VAR #96-260, 1419 West Danube Road Page 2 PROJECT DETAILS Petition For: A variance to increase the size of a first accessory structure from 1,000 square feet to 1,312 square feet Location of Property: 1419 West Danube Road Legal Description of Property: Lot 13, Block 1, Innsbruck North 2nd Addition Size: Topography: Somewhat steeply sloping from west to east towards a wetland Existing Vegetation: Typical suburban; mature oak trees, sod, shrubs, etc. Existing Zoning/Platting: R-1, Single Family; Innsbruck North 2nd Addition, 1973 Availability of Municipal Utilities: Connected Vehicular Access: West Danube Road Pedestrian Access: N/A Engineering Issues: N/A Site Planning Issues: Comprehensive Planning Issues: The Comprehensive Plan and the zoning are consistent in this area. Public Hearing Comments: To be taken Staff Report VAR #96-26, 1419 West Danube Road Page 3 ADJACENT SITES WEST: Zoning: R-1, Single Family SOUTH: Zoning: R-2, Single Family EAST: Zoning: P, Public NORTH: Zoning: R-1, Single Family Land Use: Residential Land Use: Residential Land Use: Park Land Use: Residential DEVELOPMENT SITE REQUEST The petitioners request that a variance be granted to increase the maximum square footage of a first accessory structure from 1,000 square feet to 1,312 square feet. If approved, the variance would allow construction of a 20 foot by 24 foot garage addition. SITE DESCRIPTION/HISTORY The property is located at the end of West Danube Road on a cul-de-sac. Directly east of the property is Farr Lake Park which contains a Type 3 wetland and a walking path around the wetland. The subject parcel is pie - shaped with heavy vegetation in the northerly portion of the pie. The bituminous walking path is directly adjacent to the easterly property line. In 1982, a 36 foot by 42 foot dwelling and a 32 foot by 30 foot garage were constructed. A 10 foot by 26 foot asphalt pad is located adjacent to the north wall of the garage. The parcel slopes from front to back (west to east). ANALYSIS Section 205.07.01 .B.(4).(a) of the Fridley Zoning Code requires that a first accessory building shall not exceed 100% of the first floor area of the dwelling unit or a maximum of 1,000 square feet. Public purpose served by this requirement is to maintain the residential quality of a neighborhood by limiting the size of accessory structures. The petitioners are proposing to construct two additions to the dwelling. A 14 foot by 30 foot living area to the rear of the property and a 20 foot by 24 foot garage addition. The variance request is to increase the first garage over 1,000 square feet. Staff Report VAR #96-26, 1419 West Danube Road Page 4 The petitioners have a second alternative to the variance request. This alternative requires constructing a detached accessory structure on the property. As the proposed structure would exceed 240 square feet, a special use permit would be required. This alternative would also require the removal of a number of trees on the property and the bringing of fill into the site to correct the elevation differences between the front rear yards. With the proposed alternative, these additional impacts are not required, and the addition maintains a dwelling with a compact footprint. The proposed addition does not increase the maximum lot coverage over 25% and does not encroach on any setbacks. The proposed request is within previously granted variances. RECOMMENDATION: As the request is within previously granted variances, staff has no recommendation for the Appeals Commission. If the Commission chooses to approve the request, staff recommends one stipulation: The hard surface driveway shall be expanded to accommodate the garage addition by October 1, 1997. 25 September 1996 Brendan M. & Cheryl A. Klein 1419 West Danube Road Fridley, MN 55432 (612) 571-3805 Reason for Variance Request: When we purchased our home, we were committed to staying in school district 13 until our daughter graduated high school. At that time, we would reevaluate our decision. That time has come, and we have committed to staying in our home. Now we would like to have it fit our needs and lifestyle. We are in the process of adding a four season porch to our home and want to add garage space to accommodate our collectible cars and have room for lawn equipment. We met with Michele McPherson of the planning department to help us come to the best solution, and she was most helpful in formulating our plan. After discussing our various options of a detached garage in the woods or adding on to the back of our garage, Michele brought up the suggestion of adding on to the side of the garage. We all agreed this was by far the best solution because: • Trees would be saved. This option has the least impact on the environment. The north side of the lot is heavily wooded. Other options would require extensive tree removal for the building structure and driveway. This option allows the existing driveway to only be slightly widened at the end. • View from walkpath would be maintained. This option maintains the same basic view of the house for people walking around the pond (Farr Lake). The woods would be preserved, and the visual flow of house and garage would be virtually the same. • View from street would be maintained (improved). This option maintains the same basic view of the house for people driving in the cul-de-sac. By having the garage addition set -back a few feet, the garage addition would barely be visible from the street. We feel that any of the options would actually improve the view from the street, as our driveway would be less cluttered. • Less Costly. In addition to being the best option for the environment, and for visual appeal, it is actually the least expensive option, due to less landscaping work being required. Please give this request your most favorable review. We really would like to stay in Fridley, and want this garage desperately. To Whom it May Concern: Subject: Variance Request for Garage Expansion at 1419 West Danube Road I am not opposed to granting a variance for a garage addition to be built at 1419 West Danube Road and I reside next door to the property. I have discussed the alternatives of building in another position on the property, and agree that this solution will be the least harmful to the environment, by saving the mature trees. 0 1417:Iesota ube Road ated Fridley, 55432 To Whom it May Concern: Subject: Variance Request for Garage Expansion at 1419 West Danube Road I am not opposed to granting a variance for a garage addition to be built at 1419 West Danube Road and I reside next door to the property. I have discussed the alternatives of building in another position on the property, and agree that this solution will be the least harmful to the environment, by saving the mature trees. 1420 Wes Danube Road Fridley, Minnesota 55432 J^— Dated 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 Wednesday, October 23, 1996, at 7:30 p.m. for the purpose of: Consideration of variance request, VAR #96-26, by Brendan and Cheryl Klein: Per Section 205.07.01.B.(4).(a). of the Fridley Zoning Code, to increase the size of a first accessory structure from 1,000 square feet to 1,312 square feet to allow the construction of a 20 foot by 24 foot garage addition on Lot 13, Block 1, Innsbruck North 2nd Addition, also known as 1419 West Danube Road, Fridley, Minnesota, 55432. Any and all persons desiring to be heard shall be given the opportunity at the above stated time and place. LARRY KUECHLE CHAIRPERSON APPEALS COMMISSION Any questions related to this item may be referred to the Fridley Community Development Department, 572-3593. Hearing-impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than October 16, 1996. CITY OF FRIDLEY p 6431 UNIVERSITY AVENUE N.E. FRIDLEY, MN 55432 (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT VARIANCE APPLICATION FORM PROPERTY INFORMATION - site plan required for submittal; see attached Address: I g f 9 l_&A Daae E'&,a Property Identification Number (PIN) Legal description: Lot --La— Block Tract/Addition Lunjs89_uc v Marro a'W howad Current zoning: I Square footage/acre ag e I Reason for variance and hardship: 9-0 Section of City Code: Have you operated a business in a city which required a business license? Yes No __ _X_ _ If yes, which city? If yes, what type of business Was that license ever denied or revoked? Yes No FEE OWNER INFORMATION (as it appears on the property title) (Contract Purchasers: Fee Owners must sign this form prior to processing) NAME_ K LEI�Ct F1 �tdARA) M® CP chepgl A ADDRESS— LSII q k- j5f a Nwhe /U tV J, 5 5 `% 3,7- DAY DME PHONE SIGNATURE DATE q /5 194, PETITIONER INFORMATION NAME 1__RE itJ l7 /tN (A,OP= (214 E &V L ►i• k L E AJ ADDRESS-/-,-/'/ 9 ahsr D LJ,dg ,&,m DAYTIMEPHONE,0/Uftj) 6 -'f -&-W3 SIGNATURE r DATE 9I I9?o Fee: $100,00 $60 .00_ for residential properties Permit VAR #�j-d'N Receipt #. qKq Application received by:' " �, Scheduled Appeals Commission date: L 0 °a Scheduled City Council date: APPLICATION DATE we City of Fridley Community Development Variance Process APPEALS COMMISSION DATE CITY COUNCIL DECISION CITY RECORDS ACTION AT ANOKA COUNTY VAR #96-26 BRENDAN & CHERYL KLEIN MAILING LIST MAILED 10/11/96 1419 WEST DANUBE ROAD BRENDAN & CHERYL KLEIN 1419 WEST DANUBE ROAD FRIDLEY MN 55432 WALTER BALLARD OR RESIDENT 5497 EAST DANUBE ROAD FRIDLEY MN 55432 D OLSON / M HUME OR RESIDENT 5457 EAST DANUBE ROAD FRIDLEY MN 55432 MICHAEL HOLLY OR RESIDENT 1417 WEST DANUBE ROAD FRIDLEY MN 55432 JEROME JUNGOUIST OR RESIDENT 5547 EAST DANUBE ROAD FRIDLEY MN 55432 THOMAS FISHER OR RESIDENT 5477 EAST DANUBE ROAD FRIDLEY MN 55432 RICHARD SWORSKY OR RESIDENT 1411 WEST DANUBE ROAD FRIDLEY MN 55432 LARRY HOKANSON OR RESIDENT 1420 WEST DANUBE ROAD FRIDLEY MN 55432 RESIDENT 00 �` " Rd-4i� DONALD SHELLEY OR RESIDENT 1418 WEST DANUBE ROAD 1414 WEST DANUBE ROAD FRIDLEY MN 55432 FRIDLEY MN 55432 JAMES JENSEN OR RESIDENT 1410 WEST DANUBE ROAD FRIDLEY MN 55432 JOHN ZYCH OR RESIDENT 5484 WEST BAVARIAN PASS FRIDLEY MN 55432 DAVID SWANSON OR RESIDENT 5446 WEST BAVARIAN PASS FRIDLEY MN 55432 ADELAIDE CIHAK OR RESIDENT 1408 WEST DANUBE ROAD FRIDLEY MN 55432 G B GARWICK / M B NELSON OR RESIDENT 5466 WEST BAVARIAN PASS FRIDLEY MN 55432 ROBERT VERNIE OR RESIDENT 5444 WEST BAVARIAN PASS FRIDLEY MN 55432 ROMAN & LESLIA ZOWNIROWYCZ OR RESIDENT 5527 EAST DANUBE ROAD FRIDLEY MN 55432 BOYD HERDENDORF OR RESIDENT 5467 EAST DANUBE ROAD FRIDLEY MN 55432 AMIR MANGALICK / ETAL CHAND OR RESIDENT 1415 WEST DANUBE ROAD FRIDLEY MN 55432 DONALD NESS 10590 RADDISON ROAD NE BLAINE MN 55434 RICHARD HUISENGA OR RESIDENT 1412 WEST DANUBE ROAD FRIDLEY MN 55432 ALEXANDER GONSALVES OR RESIDENT 1406 WEST DANUBE ROAD FRIDLEY MN 55432 JOHN DEIR OR RESIDENT 5464 WEST BAVARIAN PASS FRIDLEY MN 55432 DORIS MARSHALL OR RESIDENT 5426 WEST BAVARIAN PASS FRIDLEY MN 55432 EARL BAKKEN OR RESIDENT DONALD KRAUSE OR RESIDENT FRANCIS LETOURNEAU 5424 WEST BAVARIAN PASS 1503 SOUTH BAVARIAN PASS OR RESIDENT FRIDLEY MN 55432 FRIDLEY MN 55432 1505 SOUTH BAVARIAN PASS FRIDLEY MN 55432 MAILING LIST - PAGE 2 VAR #96-26 1419 WEST DANUBE ROAD HAROLD OLSRUD OR RESIDENT 1521 SOUTH BAVARIAN PASS FRIDLEY MN 55432 CITY COUNCIL MCAT/_1►/-T-C14 7 GERALD HART OR RESIDENT LARRY KUECHLE 1523 SOUTH BAVARIAN PASS 202 MERCURY DRIVE NE FRIDLEY MN 55432 FRIDLEY MN 55432 0000 d i � � Y Yr II i ----------------- - ----------- Lt ^� -a WEST LDAP , BE 19 For Excavation 0n1y .�.r— Denotes Surface Drainage Denotes Proposed Elevati ;�c• ; Top of Bloc -p� Garage F loo 70.9 lowest Most s t Q 1 � V qOd c Lot 13. Block 1, INNSBRUCK NORTH 2ND ADDITION 4% 116 "k. t� 9 APPEALS COMMISSION MEETING, OCTOBER 23. 1996 PAGE 9 1. Wetland Replacement Plan, #96-01, shall be approved. UPON A VOICE VOTE, WITH MS. AVAGE, MS. BEAULIEU AND MR. KUECHLE VOTING AYE, DR. VOS ABSTAININ CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED BY A MAJORITY V TE. 4. PUBLIC HEARING: CONSIDERATION OF VARIANCE REQUEST, #96-26. BY BRENDAN & CHERYL NEIN: Per Section 205.07.01.B.(4).(a) of the Fridley Zoning Code, to increase the size of a first accessory structure from 1,000 square feet to 1,312 square feet to allow the construction of a 20 foot by 24 foot garage addition on Lot 13, Block 1, Innsbruck North 2nd Addition, also known as 1419 West Danube Road. MOTION by Dr. Vos, seconded by Ms. Beaulieu, to waive the reading of the public hearing notice and to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 8:12 P.M. Ms. McPherson stated the property is located at 1419 West Danube Road. The parcel is on a cul-de-sac in the southeast comer of the City. Located on the subject parcel is a single family dwelling with an attached three -car garage. The petitioners are proposing to add a three -season porch addition off the rear and are in the process of removing a deck. The proposal is to construe a 20 -foot by 24 -foot attached garage addition to the north portion of the subject property adjacent to the existing three car garage. The variance request would increase the size of the first accessory structure from 1,000 square feet to 1,312 square feet. Ms. McPherson stated the petitioners reviewed a number of alternatives to look at their options for additional garage space. Essentially, they had two alternatives - to construct an attached garage or to go through the second accessory special use permit process before the Planning Commission to add a detached garage in the rear yard. Ms. McPherson stated to the east of the property is Farr Lake Park and there is a bituminous walking path which parallels the rear lot line. The petitioners are requesting a variance to reduce the impact on the trees located to the rear of the property and to reduce the landscape work required to mitigate the slope from the front to the back of the property. The addition does not encroach into any setbacks and does not increase the required lot coverage to more than 25% as permitted by the R-1 district. Ms. McPherson stated the request is within previously granted variances. Staff has no recommendation for the Appeals Commission. If the Commission chooses to recommend approval of the request, staff recommends the following stipulation: 1. The hard surface driveway shall be expanded to accommodate the garage addition by October 1, 1997. APPEALS COMMISSION MEETING, OCTOBER 23. 1996 PAGE_10 Ms. McPherson stated there is a small asphalt pad adjacent to the existing garage at this time which will be expanded to accommodate the proposed garage. Ms. Beaulieu asked if it was correct that .the petitioners currently have a three -car garage and are requesting a two -car garage addition. Ms. McPherson stated yes. The existing garage is 32 feet by 26 feet. It is 32 feet across the front and has three garage doors. Mr. Kuechle asked how close this request comes to the 25% lot coverage Ms. McPherson stated this would be 15% coverage. Dr. Vos asked how many square feet of living space were in the first floor. Ms. McPherson stated the living space on the first floor is 985 square feet With the proposed three -season porch addition, that will be 1,349 square feet Mr. Kuechle asked if the trailer in the front yard was permissible. Ms. McPherson stated the trailer is temporary. The petitioner is in the process of painting the garage floor and is storing his belongings in the trailer. The trailer will be moved. Mr. laein stated staff had covered the information. He has cars he wants to shelter. Mr. Kuechle asked him about the plans for the trailer. Mr. Klein stated everything from the garage is in the trailer while he is painting the garage floor. The trailer will be removed on Saturday. Weather has delayed the project Ms. Klein stated the trees are the issue. They were thinking of building a storage shed in the rear corner. There are truly many mature trees on that lot. Even for a storage shed, some of the trees would have to be taken down. With this option, no trees would have to come down. Mr. Kuechle asked if they would follow the plan so the garage is set back. Mr. Klein stated, yes. When coming around the cul-de-sac, you will not notice much difference. He has talked with the neighbors who have no objections. Dr. Vos stated it seems that the garage area will be larger than the first floor living space. Ms. Klein stated they had actually talked about a larger porch but it would have cut off a window and affected the roof line. Therefore, the addition is smaller. APPEALS COMMISSION MEETING, OCTOBER 23. 1998 PAGE 11 Ms. McPherson stated the house is 1,349 square feet and the garage space is 1,312 square feet. Ms. Beaulieu asked that if this was a detached garage, would a variance be needed? Ms. McPherson stated they would need a special use permit and would be allowed to go to 1400 square feet so it could be larger. A special use permit would be required because this would be a second accessory structure over 240 square feet. MOTION by Dr. Vos, seconded by Ms. Beaulieu, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:22 P.M. Dr. Vos stated he was glad the neighbors had approved of the variance request. He would protest. He thought it would affect the value of the property. If the neighbors approve, they have to live with it. For that reason, he would approve the variance. Mr. Kuechle stated he thought the options are available to attach the garage to the house and setting it back is probably the best choice. It impacts the lot the least. He would recommend approval. Ms. Savage stated the Commission has been concemed in the past about building additional garage space and setting a precedent. It does not appear this is the same situation. Staff is indicating that this request is within previously granted variances. It does not seem it would have the same adverse impact as some of the other requests for larger garages. She would recommend approval. Ms. Beaulieu agreed. MOTION by Dr. Vos, seconded by Ms. Savage, to approve Variance Request, VAR #96- 26, by Brendan and Cheryl (dein, to increase the size of a first accessory structure from 1,000 square feet to 1,312 square feet to allow the construction of a 20 foot by 24 foot garage addition on Lot 13, Block 1, Innsbruck North 2nd Addition, also known as 1419 West Danube Road, with the following stipulation: 1. The hard surface driveway shall be expanded to accommodate the garage addition by October 1, 1997. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. 5. Ms. McPherson provided an update on Planning Commission and City Council actions.