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VAR 08-88® COMN4,SION APPLICAT10K REVIEW Department Number pile Dae Meeting Date C11YO f Ctmwnity Development 19 4/28/88 5/24/88 FW DLEY File Address/Deseription VAR #88-08 COMPLETER VIEW CHECKLIST 1504 Windemere Dr. - fence height in fron yard from 4 ft. to 5 ft. 2 in. RETURN O PLANNING EKATHY COMMENTS JOHN MDARREL 1�� `C ► 4 C��...f�l.�V�h�-1�� S� C�a7. Sl��, LYDE MARK LEON JIM -7 CITY OF FRIDLEY". 6431 UNIVERSITY AV1 X- FRIDLEY, MN 55432 (612) 571-3450 PROPERTY INFORMATION VAR[AN,wE REQUEST FORM VARIANCE # , AZ)g' VARIANCE FE v RECEIPT #,5P 6F Y SCHEDULED APPEALS MEETING DATE, PROPERTY ADDRESS ),56q 6 `n � nn-e..r-e 11� LEGAL DESCRIPTION: LOT BLOCK TRACT/ADDITION Tn n 5U t U cid S, +k �l PRESENT ZONING VARIANCE REQTJE.ST(S) : Attach. a plat or survey of the property shoring building, variance(s), where applicable. C, 0 -(,Ns+ ctfka) I he 4 cow ckllo s Fro -n4 Qp rd F naMa 41 Tb S 446 OTI Section of the Code: List specific hardship(s) which require the variance(s): ch ICAVZ FEE OWNER INFORMATION Ki NAME (please print) UsCH,) ► l= OdSV PHONE 7a—'W, ADDRESS _I 5 0 4 W ) n Cid SIGNATURE DATE(i00 36 Note to rocesl PETITIONER INFORMATION NAME ( please print) SA 5Q/n 1 l (a oU s vo, PHONE ADDRESS '1 t 1 n . SIGNATURE � d DATE APPEALS COMMISSION: APPROVED DENIED DATE CITY COUNCIL: APPROVED DENIED DATE STIPULATIONS: MAILING LIST Susan M. Odson 1504 Windemere Dr. Fridley, MV 55421 City Cbtmci 1 irembers Mayor Nee City Manager Chairperson of Appeals Oannission Jerry A. Kuny 1509 Windemere Drive Fridley, MQ 55421 William A. Dietz 1501 Windeirere Drive Fridley, MV 55421 John J. Shea 1456 Windemere Drive Fridley, MV 55421 Emil J. Duchay 1460 Windemere Drive Fridley, MV 55421 Mary M. Johnson 1500 Winderere Drive Fridley, MV 55421 Thomas M. Minogue 1508 Windenere Drive Fridley, My 55421 John D. Crowley 1541 Trollhagen Drive Fridley, MV 55421 Paul G. Patterson 1517 Berne Road Fridley, MST 55421 Ray K. Phelps 1513 Berne Road Fridley, MV 55421 Appeals 5,-6--88 Peter J. Dupay 1485 Trollhagen Drive Fridley, MST 55421 Leona D. Lindner 1495 Trollhagen Drive Fridley, PST 55421 Donald L. Kirchner 1505 Trollhagen Drive Fridley, Mid 55421 John E. Fricke 1517 Trollhagen Drive Fridley, M 55421 Charles W. North 1527 Trollhagen Drive Fridley, MQ 55421 John D. Riley 1512 Winderiere Drive Fridley, M 55421 Eugene E. Johnson 1516 Windemere Drive Fridley, M 55421 Melburne Townsend 1510 Berne Road Fridley, MQ 55421 5 Notice is hereby given that the Appeals Commission of the City of Fridley will conduct a Public Hearing in the City Council Chambers at 6431 University Avenue Northeast at 7:30 pm. on Tuesday, May 24, 1988, for the purpose of: Consideration of a variance request, VAR #88-08, by Susan Odson, pursuant to Chapter 205.04.06. A, (7) , of the Fridley City Code to increase the height of a fence in the front yard f ran 4 feet to 5 feet 2 inches in order to construct a secure fenced play area on Lot 71, Block 3, Innsbruck 5th Addition, the same being 1504 Windemere Drive, Fridley, MN, 55421. Any and all persons desiring to be heard shall be given the opportunity at the above stated time and place. F1114 *Dft) s OiN r • Note: The Appeals Commission will have the final action on this request, unless there are objections from surrounding neighbors, the City Staff, or the petitioner does not agree with the Commission's decision. If any of these events occur, the request will continue to the City Council through the Planning Commission with only a recommendation from the Appeals Commission. Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. Item R, �dy 24, 1988 N11 C� I W. f; '1 1504 windemere Drive N.E. VAR #88-08 Section 205.04.06.A,(7), requires that any fence, wall, or natural hedge shall not exceed 4 feet in height within the limits of the front yard in all residential districts. Public purpose served by this requirement is to prevent excessively tall fences in order to maintain the attractability of a residential zone. "We have three children under the age of 3 and need a secure, fenced play area in the front yard. Back yard has a swimming pool." C. ADMINISTRATIVE STAFF REVIEW: The new fence (mostly completed) will enclose a play area in front of the foyer entrance of the house. It extends 14 feet into the front yard and is 5 ft. 2 in. high. The playground equipment that it encompasses is installed behind the front of the house. If the Board approves this request, staff has no stipulations to suggest. 12 CITY OF FRIDLEY APPEALS C=4ISSION MEETING, MAY 24, 1988 CALL TO OMER: Chairperson Barna called the May 24, 1988, Appeals Commission mei g to order at 7:30 p.m. ROLL CALL: Members Present: Alex Barna, Diane Savage, Jerry Sh , Kenneth Vos, Larry Kuechle Meyers Absent: None Others Present: Darrel Clark, City Buil4Kg Inspector Susan Odson, 1504 Win, Drive Bryan Stout, 5198 S . Moritz Drive Pscbert Galush, 80 Marquette Avenue - T.C.F. Barbara Cappetti, 3500 Skycroft Drive - T.C.F. Joe Nelson,�l 57 - 64th Avenue N.E. Scott tenberg, 550 - 57th Avenue N.E. Jane tock, 550 - 57th Avenue N.E. Rope Harald, 560 - 57th Avenue N.E. APPROVAL OF 10, 1988, APPEALS CCWIISSION MINUTES: MOTIONby Savage, seconded by Mr. Sherek, to approve the May 10, 1988, Appeals Cama s ' on minutes as written. A VOICE VOTE, ALL VOTING AYE, aMIRPERSCN BARNA DECLARED THE MOTION CARRIED MOUSLY. 1. CONSIDERATION OF A VARIANCE REQUEST, VAR #88-08, BY SUSAN ODSON: Pursuant to Chapter 205.04.06.A, 7 , of the Fridley City Code to increase the height of a fend in the front yard frau 4 feet to 5 feet 2 inches to allow the construction of a fenced play area on Lot 7, Block 3, Innsbruck 5th Addition, the same being 1504 Windenere Drive. MOTION by Dr. Vos, seconded by Mr. Kuechle, to open the public hearing. UPON'A VOICE VO'L'E, ALL VOTING AYE, CHAIRPERSON BARNA DECLARED TEE PUBLIC HEARING OPEN AT 7:32 P.M. Chairperson Barna read the Administrative Staff Report: ADMINISTRATIVE STAFF REPORT 1504 Windemere Drive N.E. VAR #88-08 Section 205.04.06.A,(7), requires that any fence, wall or natural hedge shall not exceed 4 feet in height within the limits of the front yard in all residential districts. APPEALS COMMISSION MEETIM, MAY 24, 1988 PAGE 2 1 Public purpose served by this requirement is to prevent excessively tall fences in order to maintain the attractability of a residential zone. B. STATED HAIRDSHIP: "We have three children under the age of 3 and need a secure, fenced play area in the front yard. Back yard has a swimming pool." C. AMUNISTRATIVE STAFF PXVIEV: The new f (mostly cdapleted).will enclose a play area in front of the foyer entrance of the house- It extends 14 feet into the front yard and is 5 ft. 2 in. high. The playground equipment that it encompasses is installed behind the front of the house. If the Board approves this request, staff has no stipulations to suggest. Mr. Clark showed an aerial photo of the property,_ He stated construction of the fence was almost oonpleted before the petitioner was aware that she needed a height variance. He stated there was a pool in the back yard and sane terracing because of the differential in vertical elevation. He was told by the petitioner that there was not enough level area in the back yard, except where the swimming pool was, to construct a play area. Ms. Odson stated that, as stated in the hardship, they have three fairly young children. It was not.safe for them to play in the back yard because,,of the pool and because there was not sufficient level area in which to construct a play area: For these reasons, they felt the best and safest place to put a play area _was in the front yard. They felt a 4 ft. high fence was not high enough for safety_. Their 3 -year old could almost climb over a 4 ft. fence. They were hoping a 5 -ft. 2 inch fence would help conceal the play equipment frau the street which would maintain the attractiveness of the neighborhood. The fence would not only protect her children but would help prevent other children from coming into the play area. M. Odson stated they do have the same type of fencing (aged cedar) in the back yard so the fencing in the front yard would match the back yard fencing. M. Odson showed a picture of the back yard. She stated that because of the elevation, there was not much room to put any play equipment in the back yard, and they did not think it was a good idea to have a play area back there with a swim -Ling pool. They did look at some alternatives and decided to go ahead with a play area in the front yard after seeing a similar fenced play area in a front yard in the neighborhood a couple of blocks away. She believed the house was in Columbia Heights. She stated they knew they did not need a permit to construct the fence, but did not realize there were any other restrictions such as a height restriction. NIT. Barna stated the fence does cover the front door. He would be concerned about the fact that with the front door concealed from view, it would be attractive to burglaries. Had M. Odson considered that possibility? Ms. Odson:stated she had not, but they do have neighbors on both sides who do watch the house closely and who would probably Mice if something was going on. 12B APPEALS C"USSION NMIN., MAY 24, 1988 PACS 3 Dr. Vos asked if there were any fire regulations .regarding the fact that the front door would be behind a fence. W. Clark stated there were not as long as there was access through a gate. M. Odson stated that if the Appeals Cmui.ssion does not approve the variance, they would have to completely take apart the fence to lower it. They would do that if it was necessary. Mr. Bryan Stout stated he was President of the Innsbruck Homeowners Assocation. The Innsbruck Hcm eowners Association enoompasses Columbia Heights and Fridley. He stated he was at the meeting at the request of seven menbers of the Association who had asked him to represent their views regarding this variance request. Mr. Stout stated he wanted to make it clear that this was not the opinion of the Innsbruck Homeowners Association. He was speaking strictly on behalf of the seven individuals to represent their opinions and to address the Commission in like manner. All of the individuals wished to remain anonymous at this time. Mr. Stout stated the individuals have an endearing concern for the need the Odson's have for a fenced play area for their children. The Orison's have three small children and a swinming pool in the back yard which is landscaped to some degree. However, these individuals have expressed the concern that the fence in the front yard would be a negative influence upon, not only the Odson's property, but the property values in the neighborhood. He stated the property taxes in this neighbor- hood are sanewhat above the "norm" for the region. The individuals feel the fence was objectionable to them and a concern to them and felt the fence could be a long term thing and would be a negative influence on the environment of the neighborhood. W. Stout stated the Odson's obviously put a lot of thought, consideration, and monetary expense into the construction of the play area. He stated he was asked by the seven individuals to view the fence. He stated he had done so and had found the play area well ocnoealed, well thought-out, and well constructed. The aged cedar fence was aesthetically pleasing. The play area looked to be of sand or pea gravel in nature, and it encompassed the area described. Mr. Stout stated the individuals did they did not want to set a precedent in the front yard for whatever reasa Heights area. There is a fence in U in -Columbia Heights which may or may Heights' regulation or code. He had discuss the matter with him, and they felt in the neighborhood for fences or barricades , both in the Fridley area and the Columbia e front yard of a residence on Argonne Drive not be within the bounds of the Columbia not been asked to check into that situation. W. Stout stated these individuals knew that the Odson's were new neighbors and did not want to be belligerant or cause trouble, but simply wanted to state their views. He stated that in discussing this with them, he explained to them that the Odson's could modify the fence and lower the fence to 4 ft. which was required by City Code and the fence could remain for an indefinite period of time. These individuals do object to the fence at any height, but they did agree they would much rather have the fence left at 5 ft. 2 in. for a finite period of time (2-3 years) than to have the fence for an indefinite period of time at 4 ft. which was Code. I APPEALS COPMSSION MMMG, MAY 24, 1988 PACE 4 Mr. Stout stated these individuals were requesting the following limitations: (1) that -the fence be limited to a finite period of time (1-2-3 years); (2) that if the variance is granted, that the variance not transfer to any new hoireowners of the property; and that if the residence was sold, the fence would be taken dawn. M. Odson stated it was she and her husband's intention to only have the fence up until their children were old enough to be allowed to play in the back yard. If it would make the neighbors happy, she would be willing to crane up with score kind of agreeable time line. She stated she did have letters frran the neighbors on either side of them who did not object to the fence in the front yard. W. Barna stated the City has no mechanism for limiting the fence for a certain period of time. The Cczu¢aLssi Sh could rend a stipulation that the Odsm's record on their deed (which was an added expense) that the variance would not be transferrable to any new owner. The City could not guarantee that it would be done. He stated that since the CcaTnission has no formal abjection frnan anyone and the Commission approves the variance unanimously, the petitioner can finish the fence. The variance normally goes with the property, and it would be very difficult to monitor it if the variance went with the property owner. Mr. Stout stated he was trying to find a happy medium between the people request- ing equesting the variance and the people who are objecting to the construction of the fence. If he can get both parties to reach a decision that will make everyone happy, then he would feel he had represented everyone satisfactorily. Mr. Barna stated the reason they establish a hardship is so that once a variance is granted, it does not automatically pass dawn the block or set a precedent. They can make this variance for this particular fence for this particular property in this particular configuratim. M. Savage asked Mr. Stout if it was correct to say that even if the fence was at 4 feet, the individuals he was representing would abject to the fence at any height. W. Stout stated that was correct. That was why he had articulated to them that the fence could remain in the front yard if it was modified tb meet the code at 4 ft. and that the fence would then be legal and permanent. Even though they object to the fence, they realize this is a situation where the fence is needed because of young children, but that the children will grow older and then there will no longer be the need for a fence and the fence can be removed. Mr. Clark stated that maybe the petitioner can have some kind of agreement drafted that would be agreeable to both parties regarding the timeframe for the fence, but something that the City does not have to get involved in. The Appeals Commission might want to wait to act on this variance until that agreement is reached, or they might want to make a recomrendatiah to the City Council that the City Council review it after the agreement is drawn up. Mr. Stout stated the Innsbruck Homeowners Association is an incorporated and duly formed association with proper bylaws and recorded minutes. It has existed since the mid to late 1960's. The reason the Association was formed was because part of the properties were in Fridley and part were in Columibia Heights and the area was considered "prime". He stated the next scheduled meeting for the Association was in the fall of 1988. APPEAIS O"IESSION PEETING, MAY 24 Mr. Stout asked that a transcript of the Innsbruck Homeowners Association. Mr. Stout asked Ms. Odson if she legal agreement on the length of 8 12D PAGE 5 Appeals Comni.ssim minutes be sent to , be willing to try to cane to some kind of the fence would be up. M. Odscn stated it has always been their intention that the fence and play area would be a temporary situation, and they are willing to cane to sarn agreement with the Innsbruck Homeowners Association. MOTION by Dr. Vos, seconded by Mr. Sherek, to close the public hearing. LION A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BARNA MCZARED THE PUBLIC HEARING CIASED AT 8:10 P.M. M. Savage stated she did not think the fence in the front yard was very attractive; however, she could understand the need for a fenced -in play area for small children. She had looked at the property, and there was really no other place that could be used for a play area. She felt a hardship had been shown in the fact that there was a need for a safe fenced play area for the small children. She stated she would be in favor of granting the variance with the stipulation that Ms. Odson work on an agreement with the Innsbruck Homeowners Association. Mr. Sherek stated he did not have a problem with the hardship. He did see the need for the safe play area for the children. They are looking at a difference of 14 inches, and the odsm's could have a 4 ft. fence without anyone's permission. The functionality would be improved by increasing the height to 5 ft. 2 in. as requested by the petitioner. He did not think the looks of the fence was that detrimental to the neighborhood. He was not in favor of granting the variance contingent upon a potential agreement btween the odson's and the Innsbruck Home- owners Association, when the next meeting was not scheduled until fall. There was always the possibility that an agreement could not be reached because of an abjec- tican at that time. For that reason, he would be in favor of granting the variance without the stipulation, looking at what has already been done and believing that the odson's would do things that would benefit their neighborhood, including taking dawn the fence when it was no longer necessary. He would like to add a stipulation, however, that this variance be for this particular fence in this particular loca- tion for this particular Party. Mr. Kuechle stated he thought the fence was a good architectural addition to the house. He would prefer, however, to see the fence at 4 feet rather than 5 ft. 2 in. He would agree with Mr. Sherek that they depend on the odsm's good faith to take down the fence in a few years when the children are older and the fence is no longer needed. He would approve of the variance as requested. Dr. Vas stated he did object to the fence. He thought it was ugly. The whole neighborhood has nicely landscaped front yards, and then there is this property with a cedar fence in the front yard. The fence will tum gray with age which will not match the house which is white with a brick front. He stated he also did not see a hardship. The Odson's were new in the neighborhood; and when they purchased the property, they were aware there was no room in the back yard for a play area, and they made that choice. He would not be in favor of granting the variance. APPEAIS C CYMSSICN MEETING, MAY 24, 1988 PACE 6 W. Barna stated he did see the hardship with young children, a sloping back yard, and a swimming pool. Dr. Vos stated he lived in a house with a back yard that sloped to a creek, and he had two small children. He did not feel children should be considered a hardship. MJTCN by M. Savage, seoonded by Mr. Sherek, to approve Variance Request, VAR 88-08, by Susan Odson, pursuant to Chapter 205.04.06.A,(7), of the Fridley City Code to increase the height of a fence in the front yard frau 4 feet to 5 feet 2 inches to allow the construction of a fenced play area on Lot 7, Block 3, Innsbruck 5th Addition, the same being 1504 Windemere Drive with the recamnenda--. tion that the Odson's and the Innsbruck Hoirecwners Association work together on an agreement for a time period for the fence and with the stipulation that this variance be only for this particular fence in this particular location; however, it was not the intention of the Appeals Commission to set a precedent for this type of variance. UPCIN A VOICE VOTE, BARNA, SAVAGE, SHEREK, KUECHIE VO'T'ING AYE, VOS VOTING NAY, CHAIRPERSON BARBA DECLARED THE FMLN CARRIED BY A VOTE OF 4-1. Mr. Barna stated that because there was an objection fram a Cammission member, this item would go to the City Ommcil for final action on June 20. 2. CCNSIDERATICN OF A VARIAN REQUEST, VAR #88-09, BY T.C.' . BANKING & SAVING, F.A.: Pursuant to Chapter 205.15.0 D, (4) , (c) , of the Fridley Ca ty Code to reduce the driveway curb opening to the est portion of a ri-of-vay from 75 feet to 42 feet; and pursuant to Chapter 05.15.05.C,(1), o the Fridley City Code to. reduce the number of parking space frc�tt 39 spaces 32 spaces to allow driveway ingress/egress relocation and the ion of a ive-up from 2 lanes to 4 lams, located on the West Two Hundred Seven -f. Thirty-six and Sixty --seven Hundredths No. 153, Anoka County, Minnesota; subject the West Fifty (50) feet and the South TW and together with an easement for walkway (50) feet of the West Three Hundred T;a North Thirty-six and Sixty-seven Hundr t 5205 Central Avenue N.E. ve (2 ) feet of Lot 5, EXCEPT the North 67) eet thereof, Auditor's Subdivision Ie rights of the public highway on -five (25)'feet of said premises, d d purposes over the East Fifty -five (325) feet of Lot 5 EXCEPT the is (36. feet thereof, the same being M MCN by M. Savage, seconded byAr. Vos , to open the UPCN-A VOICE VOTE, ALL VOTING, CHAIRPERSON BARD OPEN AT 8:22 P. M. Chairperson Barna read the/A&=Ustrative Staff Report: ADNMERISTRATIVE STAFF REPORT 5205 Central Avenue N.E. VAR #88-09. hearing. 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CIME 9 li�ll Wo L/ 4 9 I wROA 5 a rH TRO E. OUTLOT I S G IV RIVE alaft am _70NInju mAP VAR #88-08 tusan Odson N�lOr �K d h 4 # yW V'� :x� us+� t AAL b� y+a" 'i laf Axl �t� { f� "f Fi �-h � Nv Alp y i � tip '�1�'1 x Nf ♦m P� C �F '+ R e �� a g . 7, 1' - � � :y ✓ 1 P, « tl S j y �� Y(#" qty w�' � A "�� `k SG N f� �;v;ri`� �"S �.x � ''�y�',.;�•�y y o ur 1 w �Y +. .s � 4,J 4, f A t5�ky`' i Cq'A� idQp w" Yv. PQ M�5• p' b � yG d 12d Tj errac 7 Tirro ce s 1 9- SITE PLAN ,E-4.s?(Y) 0+ 1903 wQ-A-+ 80AP // / S 11 b(Yl � a u ► io�.}a� cu Q3 /0,9 121 VAR #88-08 Susan Odson STIPULATIONS 1. The Odson's and the Innsbruck Homeowners Association work together on an agreement for a time period for the fence. 2. This variance is only for this particular fence in this particular location. CITYOF FRIDLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE (612) 571-3450 W—M-4— �i'C4Ewe ACTION TAKEN NOTICE Susan Odson 1504 Windemere Drive N.E. Fridley, M 55432 June 27, 1988 On June 20, 1988 the Fridley City Council officially approved your request for a Variance, VAR #88-08, to increase the height of a fence in the front yard from 4 feet to 5 feet 2 inches to allow the construction of a fenced play area m Lot 7, Block 3, Innsbruck 5th Addition, the same being 1504 Windemere Drive N.E. with the following stipulation: 1. The duration of this variance shall be no rrare than 5 years. 2. This variance is only for this particular fence in this particular location. 3. The fence be painted or stained a color this is ctible with the rest of the house. If you have any further questions regarding the above action, please call the Planning Department at 571-3450. Sincerely, ohm L. Robertson Community Development Director JLR/dn Please review the noted stipulation, sign the statement below and return one copy to the City of Fridley Planning Department by July 5, 1988. Concur with action taken FRIDLEY CITY COUNCIL MEr= OF JOIE 20, 1988 Councilman Schneider stated he liked the philosophy of this proposed ordinance. Was there adequate staff to enforce this type of ordinance? Mr. Robertson stated staff has looked at this very c7 -Irefully,' and they believe this ordinance is manageable. , Councilwoman Jorgenson asked if staff had received any input frau the Chamber of Cammerce on this proposed ordinance. // Mr. Robertson stated he was not aware of any information coming f ram the Chamber of Cmimerce. / Councilwoman Jorgenson stated she thought ; an annoyance administratively. She comm trying to cane up with a system where they signs, but she would rather see portable p Clouncilman Schneider stated this might entirely. ble signs were a nuisance and i staff on their efforts in able to better monitor these banned entirely. the middle ground to banning them Councilwoman Jorgenson stated she ew of one instance in the City this sunnier where a porta-panel was put a street corner advertising an estate sale. The party never applied for a sign permit, and it took two days to get the sign removed. Mayor Nee stated this ordinance designed to get some cooperation from business owners and hopefully 't would help. Councilman Billings stated =lem. ended to agree with Councilwoman Jorgenson. Whenever he has reported a with a porta-panel, in most cases it was the situation where the pe son has not cattle in for a permit at all. So, he did not think this ordi a change was going to make the City's problems go away. Unfortunately, he felt if they did ban porta-panels altogether, it would then be a little amore obvious that a person didn't have a permit to put the sign up. / Councilman Billings Asked if the property owner had to pull the sign permit. Could a tenant pull/a sign permit? Mr. Robertson st4ed the property owner or designated manager must pull the sign permit. It/was another way of trying to tackle this problem. Section 214.12.6.B ata "The use of such sign by businesses within the building shall be the sponsibility of the property owner or designated manager." Councilgdeignated llings asked if the City Attorney agreed that language said that thperson who could pull the sign permit was the building owner or the manager. He interpreted that section to mean that the properer was just responsible for the use of the sign by the Mr.rrick stated he thought the wording in that section should be strefigthened and be more explicit that the property owner or designated -13- 11. FRI XEY CITY DEMM G OF JUNE 20, 1988 manager were the only ones who could pull a sign permit. Councilman Schneider stated he had a question regarding the'' -wording of Section 214.02.24 which stated: "Arty temporary sign that is,`6esigned to be transported including but not limited to, signs:" Shouldn't the word "signs" be deleted and changed to say, A) signs with wheels removed; B) signs with chassis or support constructed without w6els, etc.? MOTION by Councilman Schneider to waive reading and approve the ordinance upon first reading. Seconded b Councilman Billings. Upon a voice vote, all voting aye, Mayor N declared the motion carried unanimously. CONSIDERATION OF A VARIA STRIP BETWEEN COMN�RCIAL THE EAST AND NORTH SIDU OFFICE COMPLEX ON LOQ 1, 88: �,jGAR #88-03, TO REDUCE THE WIDTH OF A SCREENING 2 RESIDENTIAL DISTRICTS FROM 15 FEET TO 5 FEET ON OF THE PROPERTY TO ALLOW THE HILLWIND ROAD N.E,�AND ON LOT 3, AUDITOR'S SUBD BEING 1001 HILLW= ROAD N.E., BY CH= STINSKI: THE SAME BEING N NO. 25, THE NOTION by ouncilman Schneider to table consideration of variance, VAR Z#88-O3,Cheryl Stinski in view of the previous discussion regarding the f this property. Seconded by Councilman Fitzpatrick. Upon a e, all voting aye, Mayor Nee declared the motion carried v. A. ITEM FROM THE MINCMS OF THE APPEALS COMMISSION MEETING OF MAY 24, 1988: A-1. CONSIDERATION OF A VARIANCE, VAR #88-08, TO INCREASE THE HEIGHT OF A FENCE IN THE FRONT YARD FROM 4 FEET TO 5 FEET 2 INCAS TO ALLOW THE CONSTRUCTION OF A FENCED PLAY AREA ON LOT 7, BLOCK 3, INNSBRUCK 5TH ADDITION, THE SAME BEING 1504 WIMEMERE DRIVE N.E., BY SUSAN ODSON: Mr. Robertson, Ommmity Development Director, stated this was concerning a fence in the front yard. City Code requires that a fence must not exceed 4 feet in the front yard in all residential districts. The petitioner's hardship was they have three children under the age of three and a swimming pool in the back yard. Mr. Robertson stated the staff review indicated the new fence, which was mostly completed, was started before the petitioner was aware a height variance was required.. It was designed to enclose a play area in the front entrance of the house. The fence is 5 ft. 2 in. high, and the playground equipment it encompasses is installed beyond the front of the house. Mr. Robertson stated the Appeals Camission heard this reqest on May 24th and the Commission recommended approval by a vote of 4-1 with two stipulations: (1) the Odson's and the Innsbruck Hcmeawners Association work together on an agreement for a time period for the fence; (2) this variance -14- FRIDLE'Y CITY COUNCILa OF JUNE 20, _ 1988 is only for this particular fence in this particular location. Mr. Robertson stated the Appeals Commission wanted to go on record that it was not their intent to set a precedent for this type of variance- Mr. Odson stated there is a 17 1/2 foot vertical drop f roan one side of the back yard to the other in the back yard. It has been terraced in a number of spofs, so " it would be very dif f icul t to put any play area in the back yard. They have done a mmmber of things in the back yard to make it more child -proof. Unless they gutted the entire back yard, they could not put a play area in the back yard. Mr. Odson stated the neighbors on both sides have signed letters stating they are not opposed to the fence or the play area. The neighbors across the street did not sign the letter but did say they would not oppose the fence. He stated they have camwnicated with the neighbors about what they are doing and why they are doing it. Mr. Odson stated the Homeowners Association did not contact than bef ore the Appeals C undssion. He stated he did follow up with Bryan Stout, head of the Innsbruck Homeowners Association, after the Appeals Commission meeting. He stated they were in concurrence with the Homeowners Association in that they also wanted a timetable for the fenced play area. Ocuncilrr n Billings stated that in reading the Appeals Commission minutes and in talking to Mr. Stout on the telephone, the primary objection of the anonymous people was they would prefer to see no fence at all in the front yard, but once they realized that a 4 foot fence was allowed without a variance, they were then more concerned with the duration of time that any fence would be there. Mr. Odson stated that was their understanding as well. He stated he was rather disappointed in the concept that it was an anonymous objection and no contact from the Innsburck Homeowners Association before the meeting. Councilman Billings asked how long the petitioner felt this fence needed to be left in place. Nim'. Odson stated they are estimating about 5 years at best. It was their intent that when the fence canes clown, the play area would also be removed and the front yard would be totally relandscaped. Mayor Nee stated he thought it was fair to say that the OdsonIswould not want to degrade their property. Mr. Herrick stated it was not up to the City to enforce restrictive covenants. Mr. Odson might want to check into who the authoritative body would be to do that. NDTION by Councilman Billings to concur with the recammmmmendation of the Appeals Commission and grant Variance, VAR #88-08, to increase the height of a fence in the front yard from 4 feet to 5 feet 2 inches to allow the -15- FRIDLEY CITY aXW--.- N=G OF JUNE 20, 1988 construction of a play area on Lot 7, Block 3, Innsbruck 5th Addition, the same being 1504 Windemere Drive N.E., by Susan Odson, with the following stipulations: (1) the duration. of this variance shall be no more than 5 years; (2) this variance is only for this particular fence in this particular location.; (3) the fere be painted or stained a color that is compatible with the rest of the house. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously; A-2. OONSIDERATION OF VARIANCE, VAR #88-09, TO REDUCE THE DRIVEWAY CURB OPENING TO THE NEAREST PORTION OF A RIGHT OF WAY FROM 75 FEET TO 42 FEET; TO REDUCE THE NUMBER OF PARICEM SPACES FROM 39 SPACES TO 32 SPACES. TO ALLOW DRIVEWAY INGRESVEGRESS Hl"FO ATION AND THE EXPANSION OF DRIVE -UP FROM 2 LANES" TO 4 LANES, THE SAME BEING 5205 CENTRAL AVENUE N.E., BY TCF BANKM AND SAVING: Mr. Robertson, Camnunity Development Director stated TCF is, in the process of upgrading their driveway. He showed sane exhibits of the location of the proposed parking and driveways. Staff has coordinated ;a plan with TCF and Skywood Mall's agent, Towle Realty, whereby SkywoQd would grant TCF an easement or convey property for a separate access from 52nd Avenue to the TCF drive -up area. TCF would then be responsible for providing the landscaped median, which would separate the mall 'and bank drive -up window traffic. This agreement was sought due to the fact that Skywood was responsible to provide a driveway median as per the stipulations of their Mall remodeling permit. Despite staff's/request, the median was never installed. - Mr. Robertson stated TCF was also seeking a parking lot easement for 15 Parking stalls located north of TCF property and to the west of the existing Skywood Mall parking lot. Mr. Robertson stated that if thip/agreement is finalized, it would represent a reasonable solution where both parties gain improvements which benef it them. At the present time, to Skywood Mall property is in receivership and Towle Realty has been designated as their managing agent by the Court. In order to process the neces' easements and/or conveyances to facilitate the bank plan, it will necessary to gain approvals of the various parties wbo have interest in Mall and also from the Court. Since this might be a long process, it stI d be stipulated that the TCF expansion not begin until such time as ;ffie necessary deeds have been filed. Mr. Robertson stated the Appeals Commission heard these variances on May 24th and approval with stipulations. Mr. Robert n stated that in reviewing this proposal with the Public Works Department, staff felt there might be same confusion on 52nd Avenue because there both an "in", an "out", and then an "in" again where the "in" mtiav t would be crossing the "out" movement. In the revision, staff was pr sing combining the drive-in bank entrance with the parking lot entrance it would sufficiently separate it fram the Skywood entrance to provide a -16- COMMUNITY DEVELOPMENT DEPARTMENT MDL% MEMORANDUM DATE: March 3, 1989 TO: William Burns, City Manager FROM: Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator SUBJECT: 1504 Windemere Drive N.E. The City Council approved a variance request on June 20, 1988 on the above -referenced property, to allow the owner to increase the fence height of a fence in the front yard from four feet to five feet two inches. The approval was based on three stipulations; one of which was that the fence height was valid for five years (the property owner had a child and the play area was located within the fenced area in front of the house). The property owner, Susan Odson, has since moved. Adjacent property owners have contacted Councilman Billings and City staff, inquiring as to whether or not the City could require the new owners to remove.the fence. The City Council's action, as is typically done, was recorded against the property at Anoka County Recorder's office. We have advised the adjacent home owners that the variance runs with the property and by June 20, 1993, the property owner at that time will have to reduce the fence to four feet or remove it. We have also contacted the realtor in writing, Jan Drigans from Coldwell Banker, regarding the variance and have requested her assistance in making sure that the future buyer is aware of this situation. BD/dn M-89-114 CIVIC CENTER , 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE (612) 571-3450 0 March 3, 1989 Jan Drigans Coldwell Banker 951 Hillwind Road N.E. Fridley, MN 55421 Dear Ms. Drigans: This is in regards to the front yard fence at 1504 Windemere Drive N.E., legally described as Lot 7, Block 3, Innsbruck Fifth Addition. The City would like to make you aware of a variance action that occurred on the property which should be made known to a future buyer. On June 20, 1988 the Fridley City Council approved a variance to increase the height of the fence in the front yard from four feet to five feet two inches, to allow the construction of a play area, with the following stipulations: 1. The duration of this variance shall be no more than five years. 2. This variance is for this particular fence in this particular location. 3. The fence be painted or stained with a color which is compatible with the rest of the house. This action was also recorded against the property at Anoka County on November 28, 1988, Document No. 832303. This should appear on the abstract when it is updated prior to sale. The future owner of the property should be aware that prior to June 20, 1993, arrangements should be made to either remove the fence or to reduce the height of the fence to four feet. You should also be aware that some members of the neighborhood were in opposition to the variance request, and some have contacted us recently regarding the status of the variance. Jan Drigans March 3, 1989 Page 2 Should you have any further questions regarding this matter, please feel free to contact me. Sincerely, Barbara Dacy Planning Coordinator BD/dn cc: Councilman Steve Billings William Burns, City Manager Jock Robertson, Community Development Director C-89-93 ry CITYOF FRIDLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE (612) 571-3450 April 25, 1988 Mr. & Mrs. Bruce Adson 1504 Windemere Drive ME. Fridley, MN 55421 Re: Front Yard Fence Height at 1504 Windenere Drive ME. Dear Mr. & Mrs. Olson: This is to confirm our April 25, 1988 discussion about your new front yard fence. Please recall that you were informed to stop construction on the 5 foot front yard fence or reduce it to a maximum height of 4 feet. The other option you have is to apply for a fence height variance and try to get approval for the fence you are constructing at the 5 foot 2 inch height. The fee for a variance request is $60.00 and your application would have to be submitted by May 6, 1988 for the Board of Appeals hearing on May 24, 1988. We would expect that either your fence would be lowered to 4 feet or your variance application would be submitted by May 6, 1988. Your cooperation in this matter will be appreciated and if you have any questicns on this matter, please call me at 571-3450. Sincerely, i DARREL G. CLARK Chief Building Official DGC/mh Cid s co -L - )Soy W n ctQ- me re 'br . toy '7,8„ brivewit J �7' cv Plat reo.. lo' . s0 G°`roL 2 5 fill � Terra�2. I , axrace ' Terraces rte. 1 4LI' 1� �vn11 '(71AeWl 1:11 a 832363 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF FRIDLEY In the Matter of a Variance, VAR #88-08 Susan Odson , Owner CITY COUNCIL PROCEEDINGS VARIANCE The above entitled matter came before the City Council of the City of Fridley and was heard on the 20th day of June , 19 88 , on a petition for a variance pursuant to the City of Fridley's Zoning Ordinance, for the following described property: To increase the height of a fence in the front yard from 4 feet to 5 feet 2 inches to allow the construction of a fenced play area on Lot 7, Block 3, Innsbruck 5th Addition, the same being 1504 Windemere Drive N.E. IT IS ORDERED that a variance be granted as upon the following conditions or reasons: Three stipulations. See City Council minutes of June 20, 1988 STATE OF MINNESOTA ) COUNTY OF ANOKA ) CITY OF FRIDLEY ) OFFICE OF THE CITY CLERK I, Shirley A. Haapala, City Clerk for the City of Fridley with and in for said City of Fridley, do hereby certify that I have compared the foregoing copy and Order granting a variance with the original record thereof preserved in my office, and have found the same to be a correct and true transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at toe City of Fri c�,�ey, Minnesota, in County of Anoka on the o2 day of a` -L , 19• DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 SHIRLEY A. H APALA, CITY , ,ERt,- Variances are valid for a period of one year following approval; and shall, be considered void if not used within that period. ;J SEAL ) 14 Z) 1-94 WON V VALO-0-I*/ ISI W V / • / 1 DwIllps manager were the only ones who could pull a sign permit. Councilman Schneider stated he had a question regardinga wording of Section 214.02.24 which stated: "Arty temporary sign that designed to be transported including but not limited to, signs:" ouldn't the word "signs" be deleted and changed to say, A) signs h wheels removed; -B) signsth,�chassis or support constructed wi wheels, etc.? MOTION by Councilman Schneider to waiv the reading and approve the ordinance upon first reading. Second by Councilman Billings. Upon a voice vote, all voting aye, May Nee declared the motion carried unanimously. 11. ITEM FROM THE APPEi MMISSIN MEETING OF APRIL 26, 1988: , VAR #88-03, TO REDUCE THE WIDTH OF A SCREENING AND RESIDENTIAL DISTRICTS FROM 15 FEET TO 5 FEET ON OF THE PROPERTY TO ALLOW THE CONSTRUCTION OF AN BLOCK 1, HILLWIND ADDITION, THE SAME BEING 941 ON LOr 3, AUDITOR'S SUBDIVISION NO. 25, THE SAME I N.E., BY CHERYL STINSKI: MOTIONX Councilman Schneider to table consideration of variance, VAR #88-0121. by Cheryl Stinski in view of the previous discussion regarding the g of this property. Seconded by Councilman Fitzpatrick. Upon a oice vote, all voting aye, Mayor Nee declared the motion carried unanimously. A. ITEM FROM THE M NNUUTES OF THE APPEALS COW4ISSION MEETING OF NAY 24, 1988: A-1. CONSIDERATION OF A VARIANCE, VAR #88-08, TO INCREASE THE HEIMr OF A FENCE IN THE FRONT YARD FROM 4 FEET TO 5 FEET 2 INCHES TO ALLOW THE CONSTRUCTION OF A FENCED PLAY AREA ON LOT WINDEMERE DRIVE N.E., BY SUSAN ODSON: Mr. Robertson, Community Development Director, stated this was concerning a fence in the front yard. City Code requires that a fence must not exceed 4 feet in the front yard in all residential districts. The petitioner's hardship was they have three children under the age of three and a swimming pool in the back yard. Mr. Robertson stated the staff review indicated the new fence, which was mostly completed, was started before the petitioner was aware a height variance was required. It was designed to enclose a play area in the front entrance of the house. The fence is 5 ft. 2 in. high, and the playground equipment it encompasses is installed beyond the front of the house. W. Robertson stated the Appeals Ccnmi.ssion heard this reqest on May 24th and the Commission recommended approval by a vote of 4-1 with two stipulations: (1) the Odson's and the Innsbruck Hamowners Association work together on an agreement for a time period for the fence; (2) this variance s -14- MMLEY CITY aXMCIL M=G OF JUNE 20,_ 1988 is only for this particular fence in this particular location. Mr. Robertson stated the Appeals Cmmission wanted to go on record that it was not their intent to set a precedent for this type of variance: Mr. Odson stated there is a 17 1/2 foot vertical drop frau one side of the back yard tothe other in the back yard. It has been terraced in a number of spots, so it would be very dif f icul t to put any play area in the back yard. .They have done a number of things in the back yard to make it more childproof. Unless they gutted the entire back yard, they could not put a play area in the back yard. W. Odson stated the neighbors on both sides have signed letters stating they are not opposed to the fence or the play area. The neighbors across the street did not sign the letter but did say they would not oppose the fence. He stated they have caumumicated with the neighbors about what they are doing and why they are caning it. Mr. Odson stated the Homeowners Association did not contact them before the Appeals Cacmission. He stated he did follow up with Bryan Stout, head of the Innsbruck Homeowners Association, after the Appeals Catmi.ssion meeting. He stated they were in concurrence with the Haneowners Association in that they also wanted a timetable for the fenced play area. Councilman Billings stated that in reading the Appeals Canmission minutes and in talking to Mr. Stout an the telephone, the primary objection of the anonymous pecpl a was they would pref er to see no fence at all in the f ront yard, but once they realized that a 4 foot fence was allowed without a variance, they were then more concerned with the duration of time that any fence would be there. Mr. Odson stated that was their understanding as well. He stated he was rather disappointed in the concept that it was an anonymous objection and no contact fram the Innsburck Haneowners Association before the meeting. Councilman Billings asked how long the petitioner felt this fence needed to be left in place. Mr. Odson stated they are estimating about 5 years at best. It was their intent that when the fence canes down, the play area would also be removed and the front yard would be totally relandscaped. Mayor Nee stated he thought it was fair to say that the Odson 's would not want to degrade their property. Mr. Herrick stated it was not up to the City to enforce restrictive covenants. Mr. Odson might want to check into who the authoritative body would be to do that. M:TICN by Councilman Billings to concur with the recommendation of the Appeals Cawmission and grant Variance, VAR #88-08, to increase the height of a fence in the front yard fran 4 feet to 5 feet 2 inches to allow the -15- FRIDLEY CITY COUNCIL NEMTn G OF JUNE 20, 1988 construction of a play area on Lot 7, Block 3, Innsbruck 5th Addition, the same being 1504 Windenere Drive N.E., by Susan Odson, with the following stipulations: (1) the duration of this variance shall be no more than 5 years;* (2) this variance is only for this particular fence in this particular location; (3) the fence be painted or stained a color that is compatible with the rest of the house. Seconded by Councilman Fitzpatrick. Upon a -voice vote, all voting aye, Mayor Nee declared the motion carried unanitnausly. __ :D :n-V=y" :`' C' �iry ii= ♦` �` 1 • • X90' N--DD+W ko , 4ow Y [ 2 LANES N.E.. BY Mr. Robertson, Community Development Director stated TCF is in th process of, upgrading their driveway. He showed some exhibits of the 1 aeion of the Proposed parking and driveways. Staff has coordinated a plan th TCF and Skywood Mall's agent, Towle Realty, whereby Skywood would grant TCF an easement or convey property for a separate access from 52n Avenue to the TCF drive -up area. TCF would then be responsible for providing the landscaped median, which would separate the mail and b drive -up window traffic. This agreement was sought due to the fact hat Skywood was responsible to provide a driveway median as per the s pulations of their Mall remodeling permit. Despite staff's request, the median was never installed. Mr. Robertson stated TCF was also seeking a king lot easement for 15 parking stalls located north of TCF propertyand to the west of the existingSkywood Mall parking lot. Mr. Robertson stated that if t/aem is finalized, it would represent a reasonable solution where boain improvements which benefit them. At the present time, thl property is in receivership and Towle Realty has been designatanaging agent by the Court. In order to process the necessaryd/or conveyances to facilitate the bank plan, it will be neveapprovals of the various parties who have interest in the Mallm the Court. Since this might be along process, it should be tipulated that the TCF expansion not begin until such time as the saXV deeds have been filed. Mr. Robertson stated Appeals Commission heard these variances on May 24th and recc vended pproval with stipulations. Mr. Robertson ed that in reviewing this proposal with the Public Works Department, s f felt there might be same confusion on 52nd Avenue because there was bo an "in", an "out", and then an "in" again where the "in" moverlent d be crossing the "out" movement. In the revision, staff was prcposi Mn ing the drive-in bank entrance with the parking lot entrance so it ficiently separate it from the Skywood entrance to provide a -16- W�Pllumericaj'-,, Grantor Grantee Recorded' Check Margin----- Tr. In r li, OFFICE OF CGUMVRECMIM BUM OF ffljp�mEWA, CMM OF MW 1 hereby certdfy fhat the wWn kwhu. Ment was filed M � � fe r on Vie o'c#ocdt M., and was duly recorded a CC-iy R=dw by City of Fridley Community Development Dept. 6431 University Ave. N. E. Fridley, MN 55432 CITYOF FRIDLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE (612) 571-3450 ACTION TAKEN NOTICE Susan Odson 1504 Windemere Drive N.E. Fridley, NIST 55432 June 27, 1988 On June 20, 1988 the Fridley City Council officially approved your request for a Variance, VAR #88-08, to increase the height of a fence in the front Yard from 4 feet to 5 feet 2 inches to allow the construction of a fenced play area cn Lot 7, Block 3, Innsbruck 5th Addition, the same being 1504 Windew.ere Drive N.E. with the following stipulation: 1. The duration of this variance shall be no mare than 5 years- �C u ei 2. This variance is only for this particular fence in this particular location. 3. The fence be painted or stained a color this is campa.tible with the rest of the house. . If you have any further questions regarding the above action, please call the Planning Department at 571-3450. Sincerely, ohm L. Robertson O miunity Develofinent Director JLR./dn Please review the noted stipulation, sign the statement below and return one copy to the City of Fridley Planning Department by July 5, 1988. Concur with action taken