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VAR 93-18Community Development Department PLANNING DIVISION City of Fridley DATE: June 1, 1994 TO: ✓File of 5831 West Moore Lake Drive N.E. FROM: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant SUBJECT: Variance Request, VAR #93-18 The City Council approved variance request, VAR #93-18, to reduce the side yard setback for a double car garage from 5 feet to 2.3 feet. As submitted, the plans also indicated a setback of 1.6 feet for the southeasterly corner of the garage. As the plans were submitted for Council review and approval, staff issued the building permit based on the proposed plans. MM/dn M-94-283 FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 • (612) 571-3450 • FAX (612) 571-1287 CITY COUNCIL ACTION TAKEN NOTICE September 29, 1993 Mark and Laura Ingebrigtsen 5831 West Moore Lake Drive N.E. Fridley, MN 55432 Dear Mr. and Mrs. Ingebrigtsen: On September 27, 1993, the Fridley City Council officially approved your request for a Variance, VAR #93-18, to reduce the front yard setback from 35 feet to 31.3 feet; to reduce the side yard setback from 5 feet to 2.3 feet; in order to allow the construction of a double car garage on Lot 8, Block 1, DonnayIs Lakeview Manor Addition, the same being 5831 West Moore Lake Drive N.E. You have one year from the date of City Council 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 572-3590. Sin erel� "Ba ara Dacy, AICP Community Development Director BD/dn Please review the above, sign the statement below and return one copy to the City of Fridley Planning Department by October 13, 1993. �'Conddr with action taken MOTION by Councilman Billings to 1993 Council meeting. Seconded a voice vote, all voting aye, Ma, motion carried unanimously. table is item to the October 4, b ouncilwoman Jorgenson. Upon r Pro Tem Schneider declared the 9. VARIANCE REQUEST VAR #93-18 BY MARK AND LAURA INGE73R1GT.5BN , TO REDUCE THE FRONT YARD SETBACK FROM 35 FEET TO 31.3 FEET, GENERALLY LOCATED AT 5831 WEST MOORE LAKE DRIVE N.E. (TABLED SEPTEMBER 13, 1993): Mayor Pro Tem Schneider removed this item from the table. Ms. Dacy, Community Development Director, stated that this item was tabled at the September 13, 1993 Council meeting in order for staff to measure setbacks of two homes at 5741 and 5891 West Moore Lake Drive. She stated that the setback for 5741 West Moore Lake Drive is 30.2 feet and 34.7 feet for 5891 West Moore Lake Drive. She stated that it is assumed these encroachments occurred prior to 1966 when the permits were issued and an "as built" certificate of survey was not required at that time. Ms. Dacy stated that there was also a question if a door could be installed on the south side of the building in lieu of extending the garage into the setback for the service door. She stated that because the new south wall will be less than three feet from the lot line, the Uniform Building Code prohibits an opening in the wall. Ms. Dacy stated that there was a variance granted similar to this variance at 6810 Seventh Street. Councilman Billings asked if there has been a decline in property values as a result of these structures being closer than 35 feet from the curb, if any complaints have been received, or if staff felt this would create a negative impact on the neighborhood. Ms. Dacy replied in the negative to all of these questions. MOTION by Councilman Billings to grant Variance Request, VAR #93-18, to reduce the front yard setback from 35 feet to 31.3 feet at 5831 West Moore Lake Drive. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 10. -1993 CONSOLIDATION OF THE FRIDLEY POLICE PENSIONlASSOCIATION WITH MOTION by Councilman Billings to a t Resolution No. 70-1993. Seconded by Councilwoman Jorgenso Upon a voice vote, all voting aye, Mayor Pro Tem Schnei declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 27 1993 PAGE 11 Mr. Nelson, 1357 64th Avenue, stated that his home was built by the same contractor as the Rau's, and he felt the only difference was that he was covered by the title search. Councilman Billings asked Mr. Flora if he addressed /the question of installing another pipe under Central Avenue. Mr. Flora stated that this was not addressed bec se there was not a problem west of Central Avenue. Councilman Billings asked if the pipe wes of Central was not critical to the flow. He stated that he concerned that there is enough pipe capacity to move the water om the east to the west side of Central Avenue. Mr. Flora stated that in the proposed cXtention pond there is three times the capacity that the system i introducing. Councilman Billings asked Mr. F1 ra if he could guarantee the detention pond has enough capaci y to handle essentially all the water that is coming down the 3 inch pipe on Central Avenue. Mr. Flora stated that adding another pipe under Central Avenue would have no impact. The etention pond increases the capacity of the water storage that ould be introduced into the pipe. No other persons in the /audience spoke regarding this proposed improvement project. / MOTION by Councilwomnafi Jorgenson to close the public hearing. Seconded by CouncilmBillings. Upon a voice vote, all voting aye, Mayor Pro T Schneider declared the motion carried unanimously, and tpublic hearing closed at 9:12 p.m. OLD BUSINESS• 7. ORDINANCE NO. 1018 RECODIFYING THE FRIDLEY CITY CODE 102, ENTItLED "POLICE," BY AMENDING SECTION 102.03: MOTIONby C uncilman Billings to waive the second reading of Ordinance N . 1018 and adopt it on the second reading and order publicatio Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried nanimously. 8. SXCOND READING OF AN ORDINANCE UNDER SECTION 12.0 GEN AVENUE AND LAFAYETTE STREET): WK Sihce this item required a four-fifths vote of the Council, the f llowing action was taken: Community Development Department PLANNING DIVISION City of Fridley DATE: September 23, 1993 TO: William Burns, City Manager FROM: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant SUBJECT: Variance Request, VAR #93-18, by Mark and Laura Ingebrigtsen, 5831 West Moore Lake Drive The Appeals Commission reviewed the attached variance request at its July 27, 1993, meeting. The request contains two variances: 1. To reduce the side yard setback for an attached accessory structure from 5 feet to 2.3 feet 2. To reduce the front yard setback from 35 feet to 31.3 f eet The Appeals Commission voted unanimously to recommend approval of the first part of the variance request. The Commission voted 2-1 to recommend denial of the second part of the variance request. The City Council tabled action on the request and requested that staff measure the setbacks of the two homes at 5741 and 5891 West Moore Lake Drive. The homes measured 39.2 feet and 43.7 feet from the back of the curb. West Moore Lake Drive has a 60 foot right- of-way and a surface width of 42 feet. Assuming the street is centered in the right-of-way, the boulevard width would be 9 feet. Therefore, the setback for 5741 West Moore Lake Drive is 30.2 feet and the setback for 5891 West Moore Lake Drive is 34.7 feet. It was suggested at the last meeting that a door be installed on the south side of the building in lieu of extending the garage into the setback for the service door. Because the new south wall will be less than three feet from the lot line, the Uniform Building Code prohibits an opening in the wall. The wall will be required to be a one hour fire resistant wall. MM:ls M-93-540 J STAFF REPORT Community Development Department Appeals Commission Date July 27, 1993 ILJ 0) Planning Commission Date City Council Date : September 13, 1993 September 27, 1993 REQUEST Permit Number Applicant Proposed Request Location SITE DATA Size Density Present Zoning Present Land Use(s) Adjacent Zoning Adjacent Land Use(s) Utilities Park Dedication Watershed District ANALYSIS Financial Implications Conformance to the Comprehensive Plan Compatibility with Adjacent Zoning and Uses Environmental Considerations RWOMMENDATION Staff Appeals Commission Planning Commission Author -MM:ls v�"3n and Laura Ingebrigtsen 'Po reduce the side yard setback for an attached accessoxy structure from 5 feet to 2.3 feet; and to reduce the front yard setback from 35 feet to 31.3 feet 5831 West Moore Lake Drive 10,200 square feet R-1, Single Family Dwelling Residential R-1, Single Family Dwelling, to the N, S, & W; Moore Lake to the E Residential Rice Creek Approval Staff Report VAR #93-18, 5831 West Moore Lake Drive, Mark & Laura Ingebrigtsen Page 1 A. STATED HARDSHIP: "Garage side variance: Need room to put double garage in. Garage front variance: Need room to put service door/entrance into garage." B. ADMINISTRATIVE STAFF REVIEW: Request The petitioners request that two variances be granted: 1. To reduce the front yard setback from 35 feet to 31.3 feet 2. To reduce the side yard setback from 5 feet to 2.3 feet The request is for Lot 8, Block 1, Donnay's Lakeview Manor Addition, generally located at 5831 West Moore Lake Drive. Site Located on the property is a single family dwelling unit with a detached single car garage. The property is zoned R-1, Single Family Dwelling, as are all adjacent properties. The property is located on Moore Lake which abuts the subject parcel to the east. Analysis Section 205.07.03.D.(2).(b) requires a side yard setback of 5 feet between an attached accessory building and a side property line. Public purpose served by this requirement is to provide space between individual structures to reduce the possibility of fire, to provide access to the rear yard for emergencies, and to limit the condition of crowding in the residential neighborhood. The petitioners are proposing to remove the existing single car garage and add on to the dwelling unit to the rear as well as constructing a two -car attached garage. The existing single car garage is currently located at the 2.3 foot setback requested by the petitioners. K11 Staff Report VAR #93-18, 5831 West Moore Lake Drive, Mark & Laura Ingebrigtsen Page 2 The City Code permits expansion of existing single car garages to two car garages by allowing the reduction of the setback to 3 feet if the house adjacent to the expansion is located at least 10 feet from the lot line or a two car garage is located at least 5 feet from the lot line. While this request is slightly different, the impact to the code is the same. Section 205.07.03.D.(1) of the Fridley City Code requires a front yard setback of not less than 35 feet. Public purpose served by this requirement is to allow for off- street parking without encroaching on the public right-of-way and also for aesthetic consideration to reduce the building "line of sight" encroachment into the neighbor's front yard. The petitioners are adding an additional 4 feet to the front of the proposed.garage. This will permit installation of a service door in the garage. The service door is not required by Code. The added 4 feet will not adversely impact sight lines from adjacent properties. The overall lot coverage will also not be affected by the proposed addition. Should the Appeals Commission recommend approval of the request, two stipulations should be conditions of approval: 1. The construction shall comply with the Uniform Building Code. 2. The petitioners shall provide a hard surface driveway by July 1, 1994. Appeals Commission Action The Appeals Commission voted 2-1 to deny the variance request to reduce the front yard setback from 35 feet to 31.3 feet. The Commission voted unanimously to approve the variance request to reduce the side yard setback from 5 feet to 2.3 feet with the stipulations recommended by staff. Staff Update The petitioner requested information regarding 5741 and 5891 West Moore Lake Drive. The dwellings have similar characteristics to the proposed remodeling. No information regarding the front yard setbacks was available. Both garages were built as attached prior to 1966. 9E m FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 13, 1993 PAGE 15 C. ESTABLISH A PUBLIC HEARING FOR SEPTEMBER 27 1993 FOR A VACATION REQUEST, SAV #93-03 BY THE CITY OF FRIDLEY TO VACATE MOTION by Councilman Schneider to s'ef. the public hearing on this Vacation Request, SAV #93-03, for September 27, 1993. Seconded by Councilman Billings. Upon a void vote, all voting aye, Mayor Nee declared the motion carried unxfiimously. i MOTION by Councilwoman Jor,enson to receive the minutes of the Planning Commission Meetjhg of August 11, 1993. Seconded by Councilman Schneider. Un a voice vote, all voting aye, Mayor Nee declared the motion captried unanimously. 12. MOTION by 0ouncilman Schneider to set the public hearing on this Prelimina,3�y Plat Request, P.S. #93-02, for September 27, 1993. Seconded/'by Councilwoman Jorgenson. Upon a voice vote, all voting /aye,Myor Nee declared themotion carried unanimously. man Schneider noted that the minutes reflected the opposite on the front yard request. y confirmed that the minutes are correct and the cover memorandum was in error. 13. RECEIVE AN ITEM FROM THE MINUTES OF THE APPEALS COMMISSION MEETING OF JULY 27, 1993: A. VARIANCE REQUEST, VAR #93-18, BY MARK AND LAURA INGEBRIGTSEN, TO REDUCE THE FRONT YARD SETBACK FROM 35 FEET TO 31.3 FEET; TO REDUCE THE SIDE YARD SETBACK FROM 5 FEET TO 2.3 FEET; ALL TO ALLOW THE CONSTRUCTION OF A DOUBLE CAR GARAGE AT 5831 WEST MOORE LAKE DRIVE N.E.: Ms. Dacy, Community Development Director, stated that this is a request to reduce the front yard setback to 31.3 feet and the side yard setback to 2.3 feet to allow for construction of a double garage at 5831 West Moore Lake Drive. She stated that the existing detached garage will be removed and an addition is planned to the rear, as well as construction of a two car attached garage. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 13, 1993 PAGE 16 Ms. Dacy stated that the Appeals Commission recommended denial of the front yard variance and approval of the side yard variance. Mr. Ingebrigtsen, the petitioner, stated that he felt they have a hardship, as they would be losing the side entrance by attaching the garage rather than having the detached garage. He stated that there are two neighbors who have done the same thing, and he did not want to.have their garage door open all the time in order to have access. Mr. Burns, City Manager, stated that based on the aerial photo, it appears all the homes are uniform in distance from the street, and all conform to the required 35 foot setback. Councilman Schneider stated that if the other homes in the area all have a 35 foot front yard setback, he would be reluctant to grant this variance. He stated that if the other homes have had a variance, he would look at this request differently. Councilman Billings asked if the garage was located further back, if this would not accomplish the need to have an access but yet not require a variance. Mr. Ingebrigtsen stated that there is only 2.3 feet on that side. which is hardly enough room. Councilman Billings stated his point is that it is something that could work if there are no other alternatives. Mr. Ingebrigtsen asked if a sidewalk could be constructed to the lot line. Ms. Dacy stated that the code does not particularly address sidewalks, but the Ingebrigtsens could talk to the adjacent property owner to see if they had any objections to installing a sidewalk to the lot line. Councilman Billings stated that he would be inclined not to support the front yard variance and table this portion of the variance until staff investigates if the other homes have a 35 foot front yard setback. MOTION by Councilman Schneider to concur with the Appeals Commission and grant that portion of Variance Request, VAR #93-18, to reduce the side yard setback from 5 feet to 2.3 feet. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to table that portion of Variance Request, VAR #93-18, concerning the front yard setback until the September 27, 1993 Council meeting and directs staff to investigate if other homes in the neighborhood have a 35 foot front yard FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 13, 1993 PAGE 17 setback. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 14. RECEIVE AN ITEM FROM THE MINUTES OF THE APPEALS COMMISSION MEETING OF AUGUST 31.1993: A. VARIANCE REOUEST. VAR *93 - GENERALLY LOCATED AT 275 IRONTON STREET N.E.: Ms. Dacy, Community Development Director, stated /that this, is a variance to reduce the front yard setback from 35,:'feet to 8.2 feet and to reduce the side yard setback from 10 f��;;eet to 9.8 feet in order to allow the reconstruction of a non-�dnforming structure damaged more than fifty percent of its value due to a fire. She stated that this structure was damaged by a2re in August, and the Chief Building Official has verified that over fifty percent of the value of the structure was destroyed in tie fire. Ms. Dacy stated that staff and the denial of the variance request, but is a creek that meanders through the and moving the house back may impact stated that some type of front ya, d but since over fifty percent of e be the opportune time to recons ruci code. A 'eals Commission recommend i should be noted that there A portion of the property the edge of that creek. She variance would be necessary, value was destroyed, this may the home within the existing Ms. Dacy reviewed some of t setbacks of other homes in the area, and some homes have only fe feet to ten feet front yard setbacks. Mr. Blegen, the petition r, stated that all he wanted to do was to dd build on the same fVt gs. He stated that.if he has to remove the existing foundatiowould cost $15,000. He stated that he is living in an apartat the present time and would like to get started on rebuild Councilman Schneider stated that he has contacted the Ward Council - member, Ed Fit atrick. He has indicated he supports this front yard variance Ms. Sporre, 295 Ironton Street, stated that she lives next door to this/heitntegrity ty, and the neighborhood is in favor of the variance. She that if Mr. Blegen were to move the home back, it would impahe beautiful oak trees on the property. She stated that therther homes with these setbacks, and they would like to keep of the neighborhood. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 13, 1993 PAGE 18 Ms. Sporre stated that there is a long history to the boulevards on this street. She stated that both boulevards or easements are on one side of the street which was a compromise reached when residents stated that they would sue the City. Mayor Nee stated that the south boulevard was moved to the north side and the lot line moved north to include two ;boulevards. Councilwoman Jorgenson stated that she cannot ,foresee the street being widened, and she could not know what future councils might do. Ms. Sporre felt that if Mr. Blegen had/to maintain a 35 foot setback and build to the rear of the property, there might also be problems with flooding. She stated that water backs up now in the creek with water coming from the housing project in Coon Rapids. MOTION by Councilman Schneider to grant Variance Request, VAR #93-22, to reduce the front ,yard setback from 35 feet to 8.2 feet and to reduce the side/yard setback from 10 feet to 9.8 feet at 275 Ironton Street because the adjacent homes on each side are approximately at the safe setback or less, as well as the potential for flooding and pas history of the drainage. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15. MOTION by Councilman /fillings to adopt Resolution No. 60-1993. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 16. Ms. Dacy, Community Development Director, stated that the City is responsible f9r relocation expenses as the result of the condemnation property at 6070 and 6074 Central Avenue. She stated that a rpart of the condemnation.proceedings,'a relocation consultant st be hired to determine appropriate relocation benefits fof the tenants. Ms. Dacy stated it is recommended that Kirk Schnitker of Professio al Redevelopment Resources be hired to determine the relocati n benefits. Mr. Herrick, City Attorney, stated that the City is not indicating the tenants must move; however, he understands this particular property owner wishes to move and purchase another home. APPEALS COMMISSION MEETING. JULY 27, 1993 PAGE 7 Ms. Savage stated she agree Moving the garage would not impact the adjacent neighbors. Th garage to the west appears to be at the same 17.5 foot setback. She stated she would be in favor of approving the variance. Ms. Beaulieu stated that s ce most of the garages in the neighborhood appear to be at he same setback, she could see no reason not to approve this vari nce. MOTION by Dr. Vos, seconded by s. Beaulieu, to approve variance request, VAR #93-17, by Vern a d Deloris Bandel, per Section 205.07.03.D.2.(c).((3)) of the Fr'dley Zoning Code, to reduce the setback of an accessory structure facing the side street from 25 feet to 17.5 feet, to allow the r ocation of an existing garage in the rear yard, located on Lot 1 Block 4, Bonny Addition, the same being 5980 - 6th Street N.E., wi h the following stipulations: 1. The petitioner shall provie a hard surface driveway by July 1, 1994. 2. The petitioner shall replacek the existing curb cut and remove the existing driveway. UPON A VOICE VOTE, ALL VOTING AYE, CHAIR RSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. vav gal_ Per Section 205.07.03.D.(1) of the Fridley Zoning Code, to reduce the front yard setback from 35 feet to 31.3 feet; MOTION by Dr. Vos, seconded by Ms. Beaulieu, to waive the reading of the public hearing notice and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPEN AT 8:05 P.M. Ms. McPherson stated the property is located on West Moore Lake Drive and abuts Moore Lake on the northeast. The property is zoned R-1, Single Family Dwelling, as are all adjacent properties. Ms. McPherson stated that located on the property is a single family dwelling as well as a detached single car garage. The existing garage is located at the 2.3 side yard setback. The petitioners are proposing an extensive addition to the existing single family dwelling. The petitioners are proposing to remove the existing garage and construct a new two -car garage attached to the dwelling unit, as well as a storage area to the rear of the garage. Ms. McPherson stated the petitioners are requesting a reduction in the front yard setback in order to provide room to install a required service entry door into the garage. They are also 9L APPEALS COMMISSION MEETING, JULY 27, 1993 PAGE 8 requesting a reduction in the side yard setback. Typically, the Code allows existing single car garages to be expanded to within 3 feet of the lot line if the house adjacent to the expansion is at the 10 foot setback or the adjacent garage is at the 5 foot setback. While the existing single car garage is not originally attached to the dwelling unit, in spirit this is a very similar request in the fact that it would be attached and would be a two - car garage. Ms. McPherson stated the existing single car garage does not appear to have an adverse impact on the property to the south. The dwelling unit to the south is located 13 feet from the lot line; therefore, the setback between structures is actually greater than what is intended by the Code. The encroachment on the front would not adversely impact the adjacent property or any sight lines. The proposed additions to the garage and to the dwelling unit do not adversely impact the maximum lot coverage. Ms. McPherson stated that if the Commission approves this request, staff recommends the following two stipulations: 1. The construction shall comply with the Uniform Building Code. 2. The petitioners shall provide a hard surface driveway by July 1, 1994. Dr. Vos asked if the garage service door can be in any location of the garage. Ms. McPherson stated that is her understanding. There is not much room for a service door on the south side of the garage; and due to the closeness of the garage to the lot line, no openings would be permitted in a fire -rated wall. Mr. Mark Ingebrigtsen stated that the houses in this area were built too far to one side of the lots, so this is not unique to his lot. He stated the neighbor to the south has no objection to the new garage continuing to be at the 2.3 foot setback. Dr. Vos stated he has no objection to the side yard setback, as the 2.3 feet is existing. However, he does object to the encroachment into the front yard. He stated that in order to grant a variance, there must be a hardship; and if there is the possibility to place the service door in the rear of the garage, then there is no hardship for the service door in the front. Mr. Ingebrigtsen stated that because the house was placed to far to the south on the lot, there is not enough room to have a double garage door and a service door facing the street. The purpose for the service door in the front as proposed is that they do not want all the traffic entering and exiting the front door to the dwelling unit. He stated there is a house to the north of them that has a service door in the front similar to what they are proposing. 9M_ APPEALS COMMISSION MEETING, JULY 27, 1993 PAGE 9 Ms. McPherson stated she would have to verify the exact Building Code requirement with the Chief Building Official. She stated there is no code requirement dictating that the service door has to be in the front. Ms. Jeanne Ingebrigtsen, 5811 West Moore Lake Drive, stated that if the service door is placed in the rear of the garage, it would be difficult to get in and out of during the winter because it is a walkout. How are the children going to get to the service door during the winter with the snow and.the'sloping hill in the rear yard? There is only 2.3 feet to the lot line on one side of the house by the garage and 16 feet to the lot line on the opposite side of the house. Dr. Vos stated he can understandwhat the petitioners are saying, but that does not constitute a hardship. He stated his service door is in the rear of the garage; and because of a burglary, he has not opened it in 15 years. There are other ways to get into the garage besides the service door and that is through the garage door itself. He would vote in favor of the side yard variance but would vote against the front yard variance, because he did not see a need for it. MOTION by Ms. Beaulieu, seconded by Dr. Vos, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 8:30 P.M. Ms. Savage stated she did not have a problem with the front yard variance. She believed the front yard setback from 35 feet to 31.3 feet is still within the spirit of the code as it does not adversely impact any neighboring sight lines. Ms. Beaulieu stated she would agree with Dr. Vos. She also did not object to the side yard variance to 2.3 feet, but she did not see a hardship for the front yard variance if, in fact, the service door can be placed in the rear of the garage. She, too, does not use her service door anymore after a burglary. MOTION by Dr. Vos, seconded by Ms. Beaulieu, to recommend to City Council denial of variance request, VAR #93-18, by Mark and Laura Ingebrigtsen, per Section 205.07.03.D.(1) of the Fridley Zoning Code, to reduce the front yard setback from 35 feet to 31.3 feet; to allow the construction of a double car garage on Lot 8,. Block 1, Donnay's Lakeview Manor Addition, the same being 5831 West Moore Lake Drive N.E. UPON A VOICE VOTE, VOS AND BEAULIEU VOTING AYE, SAVAGE VOTING NAY, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED BY A VOTE OF 2-1. 9N APPEALS COMMISSION MEETING. JULY 27. 1993 _ PAGE 10 MOTION by Dr. Vos, seconded by Ms. Beaulieu, to recommend to City Council approval of variance request, VAR #93-18, by Mark and Laura Ingebrigtsen, per Section 205.07.03.D. (2). (b) of the Fridley Zoning Code, to reduce the side yard setback from 5 feet to 2.3 feet, to allow the construction of a double car garage on Lot 8, Block 1, Donnay's Lakeview Manor Addition, the same being 5831 West Moore Lake Drive N.E. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. McPherson stated this item will go to City Council on August 16, 1993. She stated that before the Council meeting, she will check on the service door requirement and the location of the service door and research the location of the house with a similar garage and service door as mentioned by the petitioners. 5. UPDATE ON PLANNING COMMISSION AND COUNCIL ACTIONS: Ms. McPherson gave an update on past Planning Commission and City Council items. ADJOURNMENT: MOTION by Ms. Beaulieu, seconded by Dr. Vos, to adjourn the meeting. Upon a voice vote, all voting aye, Chairperson Savage declared the motion carried and the July 27, 1993, Appeals Commission meeting adjourned at 8:40 p.m. Res ectfully Submitted, Ly a Saba Recording Secretary 90 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, July 27, 1993, at 7:30 p.m. for the purpose of: Consideration of variance request, VAR #93-18, by Mark and Laura Ingebrigtsen: Per Section 205.07.03.D.(1) of the Fridley Zoning Code, to reduce the front yard setback from 35 feet to 31.3 feet; Per Section 205.07.03.D. (2) . (b) of the Fridley Zoning Code, to reduce the side yard setback from 5 feet to 2.3 feet; To allow the construction of a double car garage on Lot 8, Block 1, Donnay's Lakeview Manor Addition, the same being 5831 West Moore Lake Drive N.E., Fridley, Minnesota, 55432. Any and all persons desiring to be heard shall be given the opportunity at the above stated time and place. DIANE SAVAGE CHAIRPERSON APPEALS COMMISSION Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. 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 July 20, 1993. VAR, #93-18 - FA=G LIST Mailed 7/16/9 3 5831 West- Moore take' Drive N.L. Mark & Laura Ingebrigtsen 5-931 West Moor e lak e Drive Fridley*, MN 55-432* * Jesse Winters 5861 West- Moore Lake' Drive Fridley:, M 55432 Jams Kledzinski 5841 West, More takeDrive Fridley',, M 55.432 Gary Partyka 5 82 1. West - Moore LakeDrive Fridley, M 55432 Kay Tngeb-rigtsen 5811 West Moore Lake Drive Fridley, NN- - 55432 Roger Papke 5801 West -Moore Lake Drive Fridley'. MN .55432* Thomas Campbell. 5800'. West Mbbx-6 take. Drive Fridley. M - 55432 ' 9homas, Hlavinka. '5820 West .X)Or6 Lake Drive Fridley,. MN 55432* Joanne Ganne lin '5830. West- Moore take*. Drive Fridley.,- M - 55.432 Jay Ladnake '5840 West- Moore . lake* Drive Fridley,, MN ''55432 Rcbert . Olson .730 Marigold-. Terrace N.E. Fridley, MR: :.I. 55432- Res-Ident 731 -- 58th -Avenue N.E. Fridley',, M 55432 Troy Purcell 2090. 130th Avenue :&,-W. Coon Rapids, - M 55443 U=as Riley 1,741 T. 58th. Avenue N.E. Fridley,- MN 55432 Richard Zabel Eleanor Anderson 5810 West Moore take Drive Fridley', MN 55432 751. -.- 58th: Avenue N . E Fridley, M 55432 David Kipp *761 58th.. Avenue N.E. Fridley, M 55432 Diane Savage 567 Rice Creek' Terrace Fridley, M 55432 city. Council City. Manager Kathryn Jacobsen 5851 West Moore Lake Drive Fridley'l M 55432 I COMMISSION APPLICATION REVIEW FILE NUMBER FILE DATE MEETING DATE FILE DESCRIPTION VAR #93-18 UTYOF i 37 7-7-93 7-27-93 5831 West Nbore Lake Drive FR! DLEY COMPLETE REVIEW CHECKLIST AND RETURN TO PLANNING DEPT. I ❑ BARB 10AICHELE M. 1 1/2 / SCOTT E. ❑ TOM B., M. O❑ LEON M. I ❑ JIM H. E COMMENTS ------------- 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: 5V3/ fes- Aore Zate a. - !te 7 5-5-y31-? Property Identification Number (PIN) 2- 3 - 30 _ 2 5/ - / Y - ® 9' Legal description: 5EE AT rACHE0 ca=" C -EC -rfF/L4TC ®F 7-/r/-i:- Lot /T/.i:-Lot Block Tract/Addition Do n n g !j's l a. e w e,,j itoWo Current zoning: footage/acreage e a"csrJsv. � e� czar �L Reason for variance and hardship: ,, Ne ed coot ✓�� s�v�cP 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 k FEE OWNER INFORMATION (as it appears on the property title) (Contract Purchasers: Fee Owners must sign this form prior to processing) NAME ADDRESS 6-1 W. jfteor 2qle-e- 4` n DA HONE 3 7 - %3®6 SIGNATURE D -3 PETITIONER INFORMATION NAME ADDRESS DAYTIME PHONE SIGNATURE DATE ...�..�.u.,..u..n.,,.,,H.,..u.,�..,...��.,.u.a.u..�,.n.q.v.,,...4.,n.,,.u..�� ,....H..�.�..a.,,.,.......�,.�.�....��..N.�. Fee: $100.00 $ 60.00 for residential properties Permit VAR # P Application received by. Scheduled Appeals Commission date: Scheduled City Council date: 9K lot) X4 ?,ice CITY OF FRIDLEY PLAN REVIEW CHECKLIST Applicants for vacations must submit the legal description of the parcel (easement, street, etc.) to be vacated. Complete site plans, signed by a registered architect, civil engineer, landscape architect, or other design professional, to include the following: A. General: 1. Name and address of project 2. Legal description (certificate of survey may be required) 3. Name, address, and telephone number of applicant, engineer, and owner of record 4. Date proposed, north arrow, scale, number of sheets, name of drawer S. Description of intended use of site, buildings, and structures including type of occupancy and estimated occupancy load 6. Existing zoning and land use 7. Tabulation box indicating: (i) Size of parcel in sq. ft. (ii) Gross floor area of buildings (iii) Percent of site covered by building (iv) Percent of site covered by impervious surface (v) Percent of site covered by green area (vi) Projected number of employees (vii) Number of seats if intended use is a restaurant or place of assembly (viii) Number of parking spaces required ('ix) Number of parking spaces provided including handicapped (x) Height of all buildings and structures and number of stories B. Site Plan: 1. Property line dimensions, location of all existing and proposed structures with distance from boundaries, distance between structures, building dimensions and floor elevations 2. Grading and drainage plan showing existing natural features (topography, wetlands, vegetation, etc.) as well as proposed grade elevations and sedimentation and storm water retention ponds. Calculations for storm water detention/retention areas. 3. All existing and proposed points of egress/ingress showing widths of property lines, turning radii abutting rights-of-way with indicated center line, paving width, existing and proposed median cuts, and intersections of streets and driveways 4. Vehicular circulation system showing location and dimensions for all driveways, parking spaces, parking lot aisles, service roads, loading' areas, fire lanes, emergency access (if necessary), public and private streets, alleys, sidewalks, bike paths, direction of traffic flow, and traffic -control devices 5. Landscaping Plan 6. Location, access, and screening detail of trash enclosures 7. Location and screening detail of rooftop equipment 8. Building elevations from all directions 9. Utility plan identifying size and direction of existing water and sewer lines, fire hydrants, distance of hydrant to proposed building 8MM OINMES C([Dn y01FAw®yA l% lLN��V/(A%(i/(�l�j��I�Q�� Ark T. Tnv_�ahri gtaan Anil TaI,rA T TngPh�t a1•APn �5j831 West Moore Lake Drive �qUQ%P City p� Fridley Minnesota 55432 �rs_�l7l+lL',��P%UII/l!P/J/s,1�,ll.�l:Pii�ld✓Gl�O,IUI�.Ul2��/1//%7Tf1Le as�oint tenants a�,an�i�»%��iP�al�orUria�:a�PJc2c�• P,a�,,.Qi�ia�le�/iaiv,��iPi�-ow�a��,o�i'.I�ioria�»a��aG.Pio�iiY�in�zedoso,.,�o%wr/l�.• Lot Eight (8) . . . . . . . . . . . . . . . . . . . . . Block One (1); Donnay's Lakeview Manor Addition, according to the map or plat thereof on file and of record in the office of the Registrar of Titles in and Q, for Anoka County, Minnesota. Subject to Sewer, Drainage and Utility easements as shown on plat Ddnhay's Lakeview Lakeview Manor Addition filed May 27, 1955 as Doe. '#19564 �,i��,�irA�fa.Pau.��yn.�litnlew�ds�i�bar»a�.imlQled�ino�%oP.�c! rr�,��r�i»aemolu��,us�lwtr//�roL.errr/o1.1cd,��ilvm�i,•,a�»d,�7c,�o,�i�Een�rr�s� iii/i/c2•Pirc�cm�la�7�Xd%auG.irdli�ir�,,nGJrAt•77��Gior e7�an .SOd:.�S; �%%%eir�iPdo�a �,/�+.�u��l .rea�ree�t�.. a __._...B -re lmleYi/11'PW' l�11�..f��iuue %e4eavrsa eic�cr/in»�irza�rzriorrd o��c� e� r%�e e�a�o, oirn� gr°�iari yT.AR Oa T ��iiJ 19th ,�ir� ,n� AuRua.t / _moi.% Al ZO�q 'DUN T'I'X22 o-T� •. �•- Bi 06PflTY OF 1.5'TATB:S.1,XF 1HWr,.4 0/1 QmRCP..S OA, rzm..' /,IAP DhSG% om) /N771E G$R77F7CATh' ORT/TLF HERETO ATTACHED. DOCUMENT III OF DATE OF REGISTRATION DATE OF INSTRUMENT SIGNATURE OF REGISTRAR HOUR AMOUNT RUNNING IN FAVOR OF NUMBER INSTRUMENT MONTH DAY YEAR ,M.P M MONTH I DAY YEAR D claration Rrotec:1ve Covenants on al lots j,akevl p _ _ P otective Qnnav R except Lot 5 Bl c. 5; Lot 22, Elk. pvenant nc rt r t , Affidavit Mark L. Engebrigtsen�ran es __Of _ 1 1 -A identity- an.__ — 1981_ ._1 SS_ . 6_ 8�___ _r_ - - dated 12 22/SRO _ _same personas r +alt: `■■ i _ ��.- F ��"i 1i•iY Y li 7i �fC Y l0i _ E W- pw ice. �si� - is i-.� '•awn, a N �. Lile y T I monowt Aul J� VAR #93-18 lark and Laura Ingebrigtsen 3, T. 3®, R. 24 FRIDL EY 12 EA IO L THIS IS A COMPILATION OF RECORDS AS THEY APPEAR IN THE ANCKA COUNTY OFFICES AFFECTING THE AREA SHOWN. THIS DRAWING IS TO RE USED ONLY FOR REFERENCE PURPOSES AND THE COLIN. TY IS NOT RESPONSIBLE FOR ANY IN- ACCURACIES HEREIN CONTAINED. 53923 U ROLAND W. ANDERSON COUNTY SURVEYOR ANOKA COMM AWMESOM 241 0 R�li1 li 9B LOCATION MAP 2 ii 5 4 9 eo (h) !fU (+p USJ THIS IS A COMPILATION OF RECORDS AS THEY APPEAR IN THE ANCKA COUNTY OFFICES AFFECTING THE AREA SHOWN. THIS DRAWING IS TO RE USED ONLY FOR REFERENCE PURPOSES AND THE COLIN. TY IS NOT RESPONSIBLE FOR ANY IN- ACCURACIES HEREIN CONTAINED. 53923 U ROLAND W. ANDERSON COUNTY SURVEYOR ANOKA COMM AWMESOM 241 0 R�li1 li 9B LOCATION MAP VAR #93-19 Mark and Laura Ingebrigtsen 9G ZONING MAP tin q.� VAR It'63-18 � Mark-�*�.c`i- -Lusa �`ngetirigi� e'ea «i a cj a , r \ @ d rr a f I d , LL 9H VAR•c18 -b ICH 11W ■■NI 1�i A I ; ? I o LL1 w z ►1— z G7 W N_ O U 1�, / Fp A VAR #93-18 Mark and Laura Ingebrigtsen � � 4 .a� �3`"�e"aF 9a a'f�� y��r � �'&�l nw � ' i � },n •.: 5'1,�:�aW a,� �^ ..a� . 4 �. r d 4lli r a. a h' w , ; Y 4 I xit^k�.9�?•. ��FkS � sa . S z i 34 `, -- "' , ' 1 F t r+s v{ . y fi3 F3J_3` i w .. u'k`s x}11.t. i y S .fJ ��' a,:r_ T F7 .t �; . , , :I ,Il r .. ° .. t , t.1. u� e, (q ry ::.« !p%j o+.'igi, I`,"'�:Ei ,, .-5. - y� 4} �. t ?;. r �'t}Y` i W,.M,, c � .,�.}.. �`t S •�ENOIN - ... •1. c i t r t 'a . k c AN . 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