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VAR 00-27STATE OF MINNESOTA COUNTY OF ANOKA CITY OF FRIDLEY In the Matter of: VAR #00-27 Owner: David L. L'Heureux and Patricia L'Heureux a.s 3u- a -y - la-oo?y APPEALS COMMISSION PROCEEDINGS VARIANCE The above entitled matter came before the Appeals Commission of the City of Fridley and was heard on the 11th day of October, 2000, on a petition for a variance pursuant to the City of Fridley's Zoning Ordinance, for the following described property: To reduce the front yard setback from 35 feet to 33.62 feet to recognize an existing nonconformity on Lot 8, Block 3, Innsbruck 5h Addition, generally located at 1508 Windemere Drive N.E. IT IS ORDERED that a variance be granted as upon the following conditions or reasons: Approved with stipulations. See attached October 11, 2000, Appeals Commission minutes. STATE OF MINNESOTA COUNTY OF ANOKA CITY OF FRIDLEY OFFICE OF THE CITY CLERK I, Debra A. Skogen, 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,2000. DRAFTED BY: L"L�x City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 Debra A. Skogen, City CI"¢ a ,? (SEAL) Variances are valid for a period of one year following approval and shall be considered void if not used within that period. APPEALS COMMISSION MEETING. OCTOBER 11 UPON A VOICE VOTE, ALL VOTING A THE MOTION CARRIED UNANIMOUSI., 2. PAGE 3 CHAIRPERSON KUECHLE DECLARED Per Section 205.07.04.d.(1) of the Fridley Zoning Code, to reduce the front yard setback from 35 feet to 33.62 feet to recognize an existing non conformity on Lot 8, block 3, Innsbruck 5t' Addition, generally located at 1508 Windemere Drive. MOTION by Mr. Jones, seconded by Ms. Jackson, to waive the reading and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 7:43 P.M. Mr. Bolin stated that this petitioner is looking at expanding his home, so this non- conformity needs to be recognized. The lot was platted in 1965, and the garage and home were built in 1968. The property is zoned R-1, single family, as are all the surrounding properties. The petitioner's hardship states: "1508 Windemere Drive was built in 1968 and the garage was placed 1.3 feet too close to the street." Mr. Bolin stated that it is hard to tell that the garage is nonconforming. Staff has no recommendation as similar variances have been granted in the past. The front yard was reduced to 31 feet at 369 Hugo Street (VAR #00-23), and to 32 feet at 191 Hartman Circle (VAR #00-18). Mr. Kuechle asked how this discovery was made. Mr. L'Heureux stated that he found this out in the process of trying to find out how much room he had in the side lot to build a third garage stall. Mr. Kuechle asked if there was enough space to add a third stall. Mr. L'Heureux stated that they have ten feet exactly, which is enough. Ms. Jackson asked if the third stall would be parallel with the other two. Mr. L'Heureux stated that they were going to set the third stall back two feet so it would be in the original requirements. The front of the new stall would be set back probably 37 feet. The builder does not have the plans laid out yet. Mr. Kuechle asked Mr. Bolin about any response from the neighbors. Mr. Bolin stated that he had a few inquiries as to what would be going on, but no objections. MOTION by Ms. Jackson, seconded by Mr. Jones, to close the public hearing.. f APPEALS COMMISSION MEETING, OCTOBER 11, 2000 PAGE 4 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:52 P.M. Mr. Jones stated that he does not see the real issue about the layout with the street and the neighborhood, it looks fine. It is a hardship having the nonconforming house. They have already looked into it and do not see a need to require a variance for their addition. He would have to vote in favor of this. Ms. Jackson stated that she does not think they should stop their improvements for decisions made 32 years ago. MOTION by Ms. Jackson, seconded by Mr. Jones, to approve Variance Request, VAR #00-27 with two stipulations: 1. The petitioner shall obtain all necessary building permits prior to construction of any addition. 2. Any addition shall be architecturally compatible to the existing home. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. Q Mr. Kuechle stated that the only iue might be the December 26 meeting. He would be comfortable with leaving this on th calendar because it is a long holiday before that. MOTION by Mr. Jones, seconded b�Ms. Jackson, to approve meeting dates for 2001. UPON A VOICE VOTE, ALL VOTIN AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. Mr. Bolin updated the Commission on past actions. ADJOURNMENT: MOTION by Mr. Jones, seconded by Ms. nning Commission and City Council , to adjourn the meeting UPON A VOICE VOTE, ALL VOTING AYE, CHAF PERSON KUECHLE DECLARED THE MOTION CARRIED AND THE OCTOBER 11 2000, MEETING OF THE APPEALS COMMISSION ADJOURNED AT 7:55 P M. Respectfully s mitted, c 'X � Sign' L. Johns n -,�4 Recording Secretary ABSTRACT Receipt # S 4 C I Ofl A9.50 ❑ Certified Copy Daternme: U & / /7.06 Date Mailed ❑ Tax Liens / Releases Doc. Order I of L_ C3 Multi -Co Doc Tax Pd ✓ by: Pins: *�— Recordability / Delgs ❑ Transfer ❑ New Desc. Filing Fees-aso S ❑ Division ❑ GAC Well Certificate ❑ Status ❑ Def. Spec Received this Date: Anoka County Recorder ❑ Other -Q-No Change Notes: DOCUMENTNO. 1531387.0 ABSTRACT ANOKA COUNTY MINNESOTA I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS FILED IN THIS OFFICE FOR RECORD ON OCT 26 2000 AT 5:00 PM AND WAS DULY RECORDED. FEES AND TAXES IN THE AMOUNT OF $29.50 PAID. RECEIPT No. 2000086900 EDWARD M. TRESRA ANOKA COUNTYPROPERTY TAX ADMINISTRATORIRECORDERIREGISTRAR OF RILES BLP BY DEPUTY PROPERTYTAX ADMINISTRATOR/RECORDER/REGISTRAR OF TITLES Ct7Y0E FRIDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 • (612) 571-3450 • FAX (612) 571-1287 APPEALS COMMISSION ACTION TAKEN NOTICE October 13, 2000 David L'Heureux 1508 Windemere Drive Fridley, MN 55432 Dear Mr. L'Heureux: On October 11, 2000, the Fridley Appeals Commission officially approved a request for a variance, VAR #00-27, to reduce the front yard setback from 35 feet to 33.62 feet to recognize an existing nonconformity on Lot 8, Block 3, Innsbruck 50' Addition, generally located at 1508 Windemere Drive, with the following stipulations: 1. The petitioner shall obtain all necessary building permits prior to construction of any additions. 2. Any addition shall be architecturally compatible with the existing home. You have one year from the date of the Appeals Commission action to initiate construction. If you cannot begin construction during this time, you must submit a letter requesting an extension at least three weeks prior to the expiration date. If you have any questions regarding the above action, please call me at 572-3593. Sincerely, ,, ,� Pati Bolin Planner Please review the above action, sign below, and return the original to the City of Fridley Planning Department by October 31, 2000. PB:ls Concur with action taken APPEALS COMMISSION MEETING, OCTOBER 11, 2000 PAGE 3 UPON A VOICE VOTE, ALL VOTING AYE, HAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. PUBLIC HEARING: VARIANCE REQUEST, VAR #00-27, BY DAVID L'HEUREUX: Per Section 205.07.04.d.(1) of the Fridley Zoning Code, to reduce the front yard setback from 35 feet to 33.62 feet to recognize an existing non conformity on Lot 8, block 3, Innsbruck 5th Addition, generally located at 1508 Winderriere Drive. MOTION by Mr. Jones, seconded by Ms. Jackson, to waive the reading and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 7:43 P.M. Mr. Bolin stated that this petitioner is looking at expanding his home, so this non- conformity needs to be recognized. The lot was platted in 1965, and the garage and home were built in 1968. The property is zoned R-1, single family, as are all the surrounding properties. The petitioner's hardship states: "1508 Windemere Drive was built in 1968 and the garage was placed 1.3 feet too close to the street." Mr. Bolin stated that it is hard to tell that the garage is nonconforming. Staff has no recommendation as similar variances have been granted in the past. The front yard was reduced to 31 feet at 369 Hugo Street (VAR #00-23), and to 32 feet at 191 Hartman Circle (VAR #00-18). Mr. Kuechle asked how this discovery was made. Mr. L'Heureux stated that he found this out in the process of trying to find out how much room he had in the side lot to build a third garage stall. Mr. Kuechle asked if there was enough space to add a third stall. Mr. L'Heureux stated that they have ten feet exactly, which is enough. Ms. Jackson asked if the third stall would be parallel with the other two. Mr. L'Heureux stated that they were going to set the third stall back two feet so it would be in the original requirements. The front of the new stall would be set back probably 37 feet. The builder does not have the plans laid out yet. Mr. Kuechle asked Mr. Bolin about any response from the neighbors. Mr. Bolin stated that he had a few inquiries as to what would be going on, but no objections. MOTION by Ms. Jackson, seconded by Mr. Jones, to close the public hearing.. APPEALS COMMISSION MEETING, OCTOBER 11, 2000 PAGE 4 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:52 P.M. Mr. Jones stated that he does not see the real issue about the layout with the street and the neighborhood, it looks fine. It is a hardship having the nonconforming house. They have already looked into it and do not see a need to require a variance for their addition. He would have to vote in favor of this. Ms. Jackson stated that she does not think they should stop their improvements for decisions made 32 years ago. MOTION by Ms. Jackson, seconded by Mr. Jones, to approve Variance Request, VAR #00-27 with two stipulations: 1. The petitioner shall obtain all necessary building permits prior to construction of any addition. 2. Any addition shall be architecturally compatible to the existing home. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. APPROVE MEETING DATES FOR 2001: Mr. Kuechle stated that the only issue might be the December 26 meeting. He would be comfortable with leaving this on the calendar because it is a long holiday before that. MOTION by Mr. Jones, seconded by Ms. Jackson, to approve meeting dates for 2001. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. UPDATE ON PLANNING COMMISSION AND CITY COUNCIL ACTIONS: Mr. Bolin updated the Commission on past Planning Commission and City Council actions. ADJOURNMENT: MOTION by Mr. Jones, seconded by Ms. Jackson, to adjourn the meeting UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE OCTOBER 11, 2000, MEETING OF THE APPEALS COMMISSION ADJOURNED AT 7:55 P.M. Respectfully, s miffed, Sign V L. Johns n ,,Y4 Recording Secretary City of Fridley Land Use Application VAR #00-27 October 11, 2000 GENERAL INFORMATION SPECIAL INFORMATION Applicant: David L'Heureux 1508 Windemere Drive Fridley, MN 55432 Requested Action: Variance to reduce front yard setback. Existing Zoning: R-1 (Single Family Residential) Location: 1508 Windemere Drive NE Size: 10,869 sq. ft. .25 acres Existing Land Use: Single family home. Surrounding Land Use & Zoning: N: Single Family, R-1 E: Single Family, R-1 S: Single Family, R-1 W: Single Family, R-1 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Sec. 205.07.04.D.(1), requires a front yard setback of 35'. Zoning History: 1965 - Lot is platted. 1968 - Home is built. Legal Description of Property: Lot 8, Block 3, Innsbruck 5th Addition Public Utilities: Home is connected. Transportation: Windemere Dr. provides access to site. Physical Characteristics: Typical suburban landscaping. SUMMARY OF PROJECT Petitioner is seeking to reduce the required front yard setback from 35' to 33.6' to recognize an existing non -conformity. SUMMARY OF HARDSHIP "1508 Windemere Drive was built in 1968 and the garage was placed 1.38' too close to the street. "-David L'Heureux SUMMARY OF ANALYSIS City Staff has no recommendation, as similar variances have been granted in the past. VAR #00-23 369 Hugo Street Front yard setback reduced to 31'. VAR #00-18 191 Hartman Circle Front yard setback reduced to 32'. CITY COUNCIL ACTION/ 60 DAY DATE CC -10/23/00 / 60 Day -11/14/00 of home 33.62' from property line Staff Report Prepared by: Paul Bolin VAR #00-27 REQUEST Petitioner is seeking to reduce the required front yard setback from 35' to 33.6' to recognize an existing non -conformity. The existing home and garage were built in 1968. A corner of the existing garage is only 33.6' from the front property line. The recognition of this non -conformity is required prior to the issuance of any building permits to expand the home. SUMMARY OF HARDSHIP "1 SOS Windemere Drive was built in 1968 and the garage was placed 1.38' too close to the street. David L' Heureuz Full hardship statement attached. ANALYSIS The property is located on Windemere. The lot is rectangularly shaped, with the home being "squared up" to and fronting on Windemere Drive. The existing home and garage were built in 1968. Petitioner is seeking variance to recognize this non -conformity. City staff has received no comments from neighboring property owners. RECONUKENDATIONS City Staff has no recommendation, as similar variances have been granted in the past. Similar variance granted: VAR #00-23 369 Hugo Street Front yard setback reduced to 31'. VAR #00-18 191 Hartman Circle Front yard setback reduced to 32'. STIPULATIONS Staff recommends that if the variance is granted, the following stipulations be attached. 1. Petitioner shall obtain all necessary building permits prior to construction of any additions. 2. Any addition shall be architecturally compatible with existing home. VARIANCE REQUEST, VAR #00-27 DAVID & PATRICIA L'HEUREUX 1508 WINDEMERE DR NE FRIDLEY MN 55421 O CIiYOF FRIDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 • (612) 571-3450 • FAX (612) 571-1287 September 25, 2000 David L' Heureux 1508 Windemere Drive Fridley, MN 55432 Dear Mr. L' Heureux: Per Minnesota Statute 15.99, local government units are required to notify land use applicants within 10 days if their land use applications are complete. We officially received your application for a variance on September 15, 2000. This letter serves to inform you that your application is complete. Your variance hearing and discussion will take place at the City of Fridley Appeals Commission Meeting on October 11, 2000 at 7:30 P.M. in the City Council Chambers at 6431 University Avenue. If you have any questions regarding this letter or the process, please feel free to contact me at 572-3593. Sincerely, Paul Bolin Planner PB C-00-172 CITY OF FRIDLEY 6431 UNIVERSITY AVENUE FRIDLEY, MN 55432 (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT VARIANCE APPLICATION FOR: �- Residential Commercial/Industrial Signs PIkOPERTY INFORMATION: - site pla quired for submittal, see attached Address: f Ov Property Identification Number: Legal Description: Lot S? Block 3 Tract/Addition -j Current Zoning: KI Square footage/acreage: Reason for Variance:f Go r2Lag- PirIf EXt sTI Wc A&&( Have you operated a business in a city which required a business license? Yes No >C 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) (Contra urchasers: Fee clwners must sign this form prior to processing) NAME: I U ADDRE / Ji.nti� DAYTIME PHONE: 63l Gfj (.s"o 9 SIGNATUR ATE' .V.VIV.V.V.V/V.V.V.V.VIV.VNArIV.VIVtiti.VN.V/V.V.Vti/VN.V.VMiV.V.YN.Vwr/VNIV iV.VN.V/VN //.VNN A/ N/VNN AIN.VIV PETITIONER INFORMATION NAME: .t ADDRESS: DAYTIME PHONE: SIGNATU E/DAT Section of City Code: FEES Fee: $100.00 for commercial, industrial, or signs: Fee: $A0.00 -for residential properties: Receipt #: Received By: Application Number: jZp2r7 Scheduled Appeals Commission Date: /j/ !J0 Scheduled City Council Date: 10 Day Application Complete Notification Date: 60 Day Date: FAA City of Fridley Land Use Application Process 1 60 Day Agency Action Law Application Date IjAppeals Commission .Meeti 60 Day Window Starts Recommendation to Council 21-40 Days' i 1 1 1 1 1 1 1 1 Application Complete i 1 10 Day Notice 1 1 i 1 Submit Complete Public Hearings: Application and Variance Materials Vacations . Lot Splits Plats Rezonings Zoning Amendments Wetland Replacements Comprehensive Plan Special Use Permits City Council Decision Approval or Denial 50-60 Days I Approved, Action Taken Letter. Tabled, 60 More Days `1 1 Denied 1 _1 Public Hearings: Rezonings Zoning Amendments CITY OF FRIDLEY PUBLIC HEARING NOTICE BEFORE THE APPEALS COMMISSION TO: Residents within 350 feet of 1508 Windemere Drive CASE NUMBER: VAR #00-27 APPLICANT: David L'Heureux 1508 Windemere Drive Fridley, MN 55421 Petitioner or representative must be at meeting. PURPOSE: To reduce the front yard setback from 35 feet to 33.62 feet to recognize an existing nonconformity LOCATION OF PROPERTY. 1508 Windemere Drive LEGAL DESCRIPTION: Lot 8, Block 3, Innsbruck 5' Addition DATE AND TIME Appeals Commission Meeting, Wednesday, October 11, OF HEARING: 2000, at 7:30 p.m. The Appeals Commission meetings are televised live the night of the meeting on Channel 17. PLACE OF Fridley Municipal Center, City Council Chambers HEARING: 6431 University Avenue HOW TO 1. You may attend hearings and testify. PARTICIPATE: 2. You may send a letter before the hearing to Scott Hickok, Planning Coordinator, or Paul Bolin, Planner, at 6431 University Avenue N.E., Fridley, MN 55432 or fax at 571- 1287. SPECIAL Hearing impaired persons planning to attend who need an ACCOMMODATION: interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than October 4, 2000. (TDD 612-572-3534) ANY QUESTIONS: Contact Scott Hickok, Planning Coordinator, at 572-3599, or Paul Bolin, Planner, at 572-3593. Mailing Date: September 29, 2000 k6CON RAYMOND C &6 DEANNE F MURPHY DENNIS E &t JUDITH T PATTERSON PAUL G &T MARILYN 1493 WINDEMERE DR NE 1533 BERNE RD NE 1517 BERNE RD NE FRIDLEY MN 55421 FRIDLEY MN 55421 FRIDLEY MN 55421 CURRENT RESIDENT POWERS JOHN T &s KATHLEEN D HERYLA PETER T &t JO ANN 1517 W BERNE CIR NE 1513 BERNE RD NE 1518 BERNE RD NE FRIDLEY MN 55421 FRIDLEY MN 55421 FRIDLEY MN 55421 DONAHUE JAMES L &s CAROLINE MOSES LOIS A &z MENGE TERESA I MARSH FREDERICK L &r ANNA 1514 BERNE RD NE 1510 BERNE RD NE 1523 WINDEMERE DR NE FRIDLEY MN 55421 FRIDLEY MN 55421 FRIDLEY MN 55432 RILEY JOHN D &r JOSEPHINE KLIETZ ALAN E & KLENNERT G D 1512 WINDEMERE DR NE 1516 WINDEMERE DR NE 1524 WINDEMERE DR NE FRIDLEY MN 55421 FRIDLEY MN 55421 FRIDLEY MN 55421 WISTI MORRIS D &r ELLA I JERONIMUS ELIZABETH GALECKI TADEUSZ &r JANINA 1583 TROLLHAGEN DR NE 1575 TROLLHAGEN DR NE 1545 TROLLHAGEN DR NE FRIDLEY MN 55421 FRIDLEY MN 55421 FRIDLEY MN 55421 BLACK SCOTT & TERRI FULLER GLENN A &z ZELI ER LISA R DUPAY PETER JR &r MARGARET A 1538 TROLLHAGEN DR NE 1534 TROLLHAGEN DR NE 1485 TROLLHAGEN DR NE FRIDLEY MN 55421 FRIDLEY MN°55421 FRIDLEY MN 55421 LINDER LEONA D KIRCHNER DONALD &r CHERYL FRICKE JOHN E &t MARGARET 1495 TROLLHAGEN DR NE 1505 TROLLHAGEN DR NE 1517 TROLLHAGEN DR NE FRIDLEY MN 55421 FRIDLEY MN 55421 FRIDLEY MN 55421 NORTH CHARLES W &t ROSEMARIE ONGSTAD RAY B &t LOIS F COMMERS LAWRENCE R &r T A 1527 TROLLHAGEN DR NE 1490 TROLLHAGEN DR NE 5212 ST MORITZ DR NE FRIDLEY MN 55421 FRIDLEY MN 55421 FRIDLEY MN 55421 STOUT BRYAN D 5198 ST MORITZ DR NE FRIDLEY MN 55421 AL-SAADOON OMAR A &rBADAWI HODA 1509 WINDEMERE DR NE FRIDLEY MN 55432 DUCHAY LOIS A 1460 WINDEMERE DR NE FRIDLEY MN 55421 JOHNSON CHARLES W &r CHARLENE E 5213 ST MORITZ DR NE FRIDLEY MN 55421 DIETZ WILLIAM A &t ETHEL M 1501 WINDEMERE DR NE FRIDLEY MN 55421 JOHNSON MARY M &t FREDERICK 1500 WINDEMERE DR NE FRIDLEY MN 55421 SILBERNAGEL G JR &r MURLOWSKI J 5197 ST MORITZ DR NE FRIDLEY MN 55421 SCHELLER THOMAS A &r LORRIE D 1456 WINDEMERE DR NE FRIDLEY MN 55421 KNOBLAUCH JAMES P &t CLAUDINE A 1504 WINDEMERE DR NE FRIDLEY MN 55421 L'HEUREUX DAVID L &r PATRICIA L CROWLEY JOHN D &c CAROL J CAMPBELL THOMAS D &c DIANE M 1508 WINDEMERE DR NE 1541 TROLLHAGEN DR NE 1532 TROLLHAGEN DR NE FRIDLEY MN 55421 FRIDLEY MN 55421 FRIDLEY MN 55421