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VAR 92-18.t STATE OF MINNESOTA ) COUNTY OF ANOKA ) CITY OF FRIDLEY j In the Matter of: a variance, VAR #92-18 Owner: Luke and Elaine Maidment ZY COUNCIL PROCEEDINGS 1062519 VARIANCE The above entitled matter came before the City Council of the City of Fridley and was heard on the 19th day of October , 19 92 , on a petition for a variance pursuant to the City of Fridley's Zoning Ordinance, for the following described property: To reduce the rear yard setback from 29 feet to 18 feet to allow the construction of an addition on Lot 3, Block 1, Rice Creek Estates, the same being 1591 Woodside Court N.E. IT IS ORDERED that a variance be granted as upon the following conditions or reasons: Approval with no stipulations. See City Council minutes of October 19, 1992. STATE OF MINNESOTA ) COUNTY OF ANOKA ) CITY OF FRIDLEY ) OFFICE OF THE CITY .CLERK I, William A. Champa, City Clerk for the City of Fridley, with and in for said City of Fridley, do hereby certify that I have compared the foregoing copy and Order granting a variance with the original record thereof preserved in my office, and have found the same to be a correct and true transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at the City of Fridley, Minnesota, in the County of Anoka on the 004±1 day of 19. DRA ED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 Wiry` v. %w ,. William Tf Champa, City Clerk, Variances are valid for a period of one year following approval ,.aftd considered void if not used within that period.p5�. i A (� FRIDLEY CITY COUNCIL MEETING OF OCTOBER 19, 1992 PAGE 7 l_ 7. RECEIVE ITEMS FROM THE APPEALS COMMISSION MEETING OF OCTOBER 6, 1992: A. VARIANCE REQUEST, VAR #92-18, BY LUKE AND ELAINE MAIDMENT TO REDUCE THE REAR YARD SETBACK FROM 29 FEET TO 18 FEET TO ALLOW THE CONSTRUCTION OF AN ADDITION, GENERALLY LOCATED' AT 1591 WOODSIDE COURT N.E.: Ms. Dacy, Community Development Director, stated that this is a request for a variance to reduce the rear yard setback from 29 feet to 18 feet. to allow the construction of an addition and open deck. She stated that the Appeals Commission unanimously recommended approval with a stipulation that a five foot street easement be granted over the utility easement along- Benjamin Street for Minnesota State Aid purposes. MOTION by Councilman Schneider to concur with the recommendation of the appeals Commission and grant Variance.Request, VAR #92=18. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Schneider stated he thought that unless the easement directly impacted the variance request, the City would not ask for this type of easement. Ms. Dacy stated that that.is true; however, when this request was processed .the question had not been resolved one way oz another. Councilman Schneider stated that his motion did not include the stipulation for an easement.- Councilman asement: Councilman Billings stated that it was tradition to request the easement and if the property owner was in agreement, there was not a problem. He stated that if the property owner objected, the City does not have a legal foundation to require the easement. Mr. Flora, Public Works Director, stated that the City is working on obtaining easements for this portion of Benjamin Street because five feet on either side is needed to meet Minnesota State Aid standards. N.E. Ms. Dacy, Community Developm Director, stated that this request is for a variance to incr se the maximum square footage of a sign from 3 square feet to square feet. She stated that approval of the variance would low the petitioner to replace the sign faces of the existing ree-standing sign. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 19, 1992 PAGE 8 Ms. Dacy stated that the Appeals Commission unanimously recomme ed �. approval with two stipulations, as outlined in staff's memos ndum of October 15, 1992. MOTION by Councilman Schneider to concur with the recoigiendition of the Appeals Commission and grant Variance Request, #92-20, with the following stipulations: (1) the variance sh 1 remain in effect until: (a) the sign is altered in any way a cept for the routine maintenance and change of messages which akes the sign less in compliance with the requireme/ove this Chapter than it was before the alterations; (b) the ng structure of the sign is replaced or remodeled; (c) the t a sign is replaced or remodeled; (d) the sign .becomes dilor damaged, and the cost of bringing it into compliance isan 50 percent of the value of said sign, at which time all ogn and its structure be removed; and (e) notwithstanding " upon the change of the name of the business being displayhe.sign; and (2) the "panned" area of the sign face shalleed 80 square feet. Seconded by Councilwoman Jorgenson. Councilman Billings stated that unde Stipulation la, the language is taken out of the City Code Chapter 214. He suggested eliminating the word "this" and ding the words "Chapter -214 of the*Fridley City Code." MOTION by Councilman Billings amend the above motion by striking the word "this" in line three of Stipulation la and adding "214 of the Fridley City Code" aft r the word "Chapter." Seconded by Councilman Schneider. Upon a voice vote,. all voting aye, Mayor Nee declared the motion carri d unanimously. UPON A VOICE. VOTE TFARIANCE ON THE MAIN MOTION, all voted aye, and Mayor Nee declared totion carried unanimously. 8. EXTENSION OF A REOUEST. VAR *Ao-10 _ Tn RRnTT[`F muF MOTION by Cou ilman.Billings to extend the time period of Variance Request, VAR #90-30 and Special Use Permit Request, SP #90-07 to November 1, 1993. Seconded by Councilwoman Jorgenson. Upon'a voice vote all voting aye, Mayor Nee declared the motion carried unanimous y. 9. AW D CONTRACT FOR CONSTRUCTION OF STONYBROOK CREEK.DIVERSION P OJECT NO. 229• MOTI N by Councilman Fitzpatrick to award the contract for the Stoybrook-Creek Diversion Project No. 229 to the low bidder, Park .Co struction in the amount of $99,265.00. Seconded by Councilwoman • 1062519 tea• �s. OFFICE OF COUNTY RECORDER STATE OF MINNESOTA, COUNTY OF ANDKA I hereby certify that the within instru- ment was filed in this office for record _`�1 � F jl on the ` ? ,' -I �`� clock M., and was duty recorded. fzdwM. Treska oun Recarder Ar, L t, r 0 - of F-Jd� Nurned(;!� a 3 Grantor Grantee Recorded co Checked Margin Tr. Index_ tea• �s. OFFICE OF COUNTY RECORDER STATE OF MINNESOTA, COUNTY OF ANDKA I hereby certify that the within instru- ment was filed in this office for record _`�1 � F jl on the ` ? ,' -I �`� clock M., and was duty recorded. fzdwM. Treska oun Recarder Ar, L t, r 0 - of F-Jd� FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 • (612) 571-3450 • FAX (612) 571-1287 CITY COUNCIL ACTION TAKEN NOTICE October 23, 1992 Luke and Elaine Maidment 1591 Woodside Court N.E. Fridley, MN 55432 - Dear Mr. and Mrs. Maidment: On October 19, 1992, the Fridley City Council officially approved your request for a Variance, VAR #92-18, to reduce the rear yard setback from 29 feet to 18 feet to allow the construction of an addition, generally located at 1591 Woodside Court 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. Sincerely, Barbara 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 November 6, 1992. 0 Concur with action taken FRIDLEY CITY COUNCIL MEETING OF OCTOBER 19 1992 PAGE -7 7. RECEIVE ITEMS FROM THE APPEALS COMMISSION MEETING OF OCTOBER 6, 1992: A. VARIANCE REQUEST, VAR #92-18 BY LUKE AND ELAINE MAIDMENT TO REDUCE THE REAR YARD SETBACK FROM 29 FEET TO 18 FEET TO ALLOW THE CONSTRUCTION OF AN ADDITION GENERALLY LOCATED AT 1591.WOODSIDE COURT N.E.: Ms. Dacy, Community Development Director, stated that this is a request for a variance to reduce the rear yard setback from 29 feet to 18 feet.to allow the construction of an addition and open deck. She stated that the Appeals Commission unanimously recommended approval with a stipulation that a five foot street easement be granted over the utility easement along Benjamin Street for Minnesota State Aid purposes. MOTION by Councilman Schneider to concur with the recommendation of the appeals Commission and grant Variance.Request, VAR #92-18. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Schneider stated he thought that unless the easement directly impacted the variance request, the City would not ask for this type of easement. Ms. Dacy stated that that.is true; however, when this request was processed .the question had not been resolved one way or another. Councilman Schneider stated that his motion did not include the stipulation for an easement. Councilman Billings stated that it was tradition to request the easement and if the property owner was in agreement, there was not a problem. He stated that if the property owner objected, the City does not have a legal foundation to require the easement. Mr. Flora, Public Works Director, stated that the City is working on obtaining easements for this portion of Benjamin Street because five feet on either side is needed to meet Minnesota State Aid standards. B. N. E. Ms. Dacy, Community Development Director, stat that this request is for a variance to increase the maximum s are footage of a sign from 3 square feet to 84 square feet. S stated that approval of the variance would allow the petitione to replace the sign faces of the existing free-standing sign. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 19, 1992 PAGE B Ms. Dacy stated that the Appeals Commission unanimously approval with two stipulations, as outlined in staff's of October 15, 1992. MOTION by Councilman Schneider to concur with the recomme dation of the Appeals Commission and grant Variance Request, V #92-20, with the following stipulations: (1) the variance shall emain in effect until: (a) the sign is altered in any way exc Pt for the routine maintenance and change of messages which ma es the sign less in compliance with the requirements of this C pter than it was before the alterations; (b) the supporting st cture of the sign is replaced or remodeled; (c) the face of. the ign is replaced or remodeled; (d) the sign becomes dilapidated or damaged, and the cost of bringing it into compliance is more 1/ 50 percent of the value of said sign, at which time all of the si and its structure be removed; and (e) notwithstanding "a" abov upon the change of the name of the business being displayed on he.sign; and (2) the "panned" area of the sign face shall not , xceed 80 square feet. Seconded by Councilwoman Jorgenson. Councilman Billings stated that under S ipulation la, the language is taken out of the City Code C pter 214. He suggested eliminating the word "this" and add' , the words "Chapter 214 of.. the Tridley City Code." MOTION by Councilman Billings to end the above motion by striking the word "this" in line three of tip ulation la and adding "214 of the Fridley City Code" after he word "Chapter." Seconded by Councilman Schneider. Upon a ice vote, all voting aye, Mayor . Nee. declared the motion carried animously. UPON A VOICE VOTE TAKEN Off` THE MAIN MOTION, all voted aye, and Mayor Nee declared the mo ion carried unanimously. 8. EXTENSION OF A VARIANCE REOUEST. VAR *90 - MOTION by Council n.Billings to extend the time period of Variance Request, VAR #90 30 and Special Use Permit Request, SP #90-07 to November 1, 199 Seconded by Councilwoman Jorgenson. Upon a voice vote, al voting aye, Mayor Nee declared the motion carried unanimously. 9. AWARD NTRACT FOR CONSTRUCTION OF STONYBROOK CREEK DIVERSION MOTION b Councilman Fitzpatrick to award the contract for the Stonybrg6k Creek Diversion Project No. 229 to the low bidder, Park Constr6ction in the amount of $99,265.00. Seconded by Councilwoman 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 RECOMMENDATION Staff Appeals Commission Planning Commission Author M/is STAFF REPORT Community Development Department Appeals Commission Date October 6, 1992 Planning Commission Date City Council Date October 19, 1992 VAR #92-18 Luke & Elaine Mai_dment To reduce the rear yard setback from 29 feet to 18 feet. 1591 Woodside Court N.E. 9,745 sq. ft. R-1, Single Family Single Family R-1, Single Family Single Family Rice Creek Denial Approval with stipulation 7A Staff Report VAR x#92-18, by Luke & Elaine Maidment, 1591 Woodside Court N.E. Page 2 A. STATED HARDSHIP: "Because of distance from back lot line to addition." (See letter from petitioner.) B. ADMINISTRATIVE STAFF REVIEW: Request The petitioners are requesting that a variance be granted to reduce the rear yard setback from 29 feet to 18 feet to allow the construction of a two story addition on Lot 3, Block 1., Rice Creek Estates Addition, the same being 1591 Woodside Court N.E. Site Located on the property is a split level single family dwelling with an attached garage. The property is zoned R-1, Single Family, as are all adjacent properties. Analysis Section 205.07.03.D.(3).(a) requires a rear yard setback of not less than 25% of the lot depth with not less than 25 feet permitted or more than 40 feet required for the main building. Public purpose served by this requirement is to provide rear yard space to be used for green areas which enhance the neighborhood. The petitioners have removed an existing open deck and patio from the area in which the addition is to be constructed (see attached pictures). The petitioners are proposing to construct a two story addition with a three -season porch on the lower level. The upper level will be a room addition and deck. The petitioners have the alternative to construct a new open deck versus a three -season porch. The petitioners could construct a detached gazebo which could provide a similar use. The petitioners also have reasonable use of the property without the granting of a variance. Recommendation As the petitioners have other alternatives which allow them to meet Code, staff recommends that the Appeals Commission recommend denial of the request to the City Council. If the Commission chooses to recommend approval of the request, staff recommends one stipulation: UJE Staff Report VAR #92-18, by Luke & Elaine Maidment, 1591 Woodside Court N.E. Page 3 1. A five foot street easement shall be granted over the utility easement along Benjamin Street for Minnesota State Aid purposes. Appeals Commission Action The Appeals Commission voted unanimously to recommend approval of the request to the City Council with the recommended stipulation. City Council Recommendation Staff recommends that the City Council deny the request as the petitioner has reasonable use of the property. 7E Community Development Department PLANNING DIVISION City of Fridley DATE: October 15, 1992 TO: William Burns, City Manager, FROM: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant SUBJECT: Variance Request, VAR #92-18, by Luke and Elaine Maidment; 1591 Woodside Court N.E. Attached please find the above -referenced staff report. The petitioners requests that a variance be granted to reduce the rear yard setback from 29 feet to 18 feet. The Appeals Commission voted unanimously to recommend approval of the request to the City Council with the following stipulation: 1. A five foot street easement shall be granted over the utility easement along Benjamin Street for Minnesota State Aid purposes. The petitioners have reasonable use of the property without granting the variance request. Staff recommends that the City Council deny the variance request to reduce the rear yard setback. MM/dn M-92-630 �•••�••,• >w'uLxi.Ca,.w uCra.w v......�..... .. ......................... ....... . ....... ...,...v.. v. � .c...vuu,>a„i� va.a a v.>u�>v...ua.uuu�a+u.Cwuu va>vwua>vwu4n>aav_n.uwaas�s>ChNC1CT.t:i!(IC: C. i.`f:iTlh:.C.,. (: S2S: CITY OF FRIDLEY APPEALS COMMISSION MEETING, OCTOBER 6, 1992 CALL TO ORDER: Chairperson Savage called the October 6, 1992, Appeals Commission .-meeting to order at 8:00 p.m. ROLL CALL: Members Present: Diane Savage, Larry'Kuechle, Carol Beaulieu Members Absent: Kenneth Vos, Cathy Smith Others Present: -Michele McPherson, P1annirig Assistant Elaine & Luke Maidment, 1591:Woodside Court Rita & Joe Hoesley, 1581*Woodside Court Justin Droessler, 8141 Riverview Terrace Warren Paulson; 68.81 Highway 65 N.E.. Michael.Schroer, Bob's Produce Ranch APPROVAL.'OF AUGUST 18, 1992, APPEALS COMMISSION MINUTES: MOTION by Ms. Beaulieu, seconded by'Mr. Kuechle•, to approve the August 18, 1992, Appeals Commission.minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. CONSIDERATION OF VARIANCE REOUEST. VAR #92-18.. BY LUKE AND ELAINE MAIDMENT• Per Section 205.07.03.D.(3).(a) of the Fridley City Code, to reduce the rear yard setback from 29 feet to 18 feet. to allow the construction of an addition on Lot 3, Block 1, Rice Creek Estates., the same being 1591 Woodside Court N.E. MOTION by Mr. Kuechle, seconded Ms. Beaulieu, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE.PUBLIC HEARING OPEN AT 8:02 P.M. Ms. McPherson stated the property is located at the intersection of Woodside Court and Benjamin Street. The property is zoned R-1, Single Family Dwelling, as are all adjacent properties. 7K .. •. ,.• •...,...> . ....> ...Qil co- .,.`00 :,0 0i;i :, ,>o:xKr;,., .,. s,,:aWi> AAQ ...,..:,v.. .. ,....ac csua,:sa,a¢,er az+:ww�as woaaas�.+.usua>uis 5D.5.i�aiis2iiiEftss25. APPEALS COMMISSION MEETING, OCTOBER 6, 1992 PAGE 2 Ms. McPherson stated the petitioners are proposing to construct a two level addition to the rear of the house: The lower level would be a three -season porch, and the upper level would be a room addition. The petitioners have two alternatives at least to the three -season porch option. one alternative would be to construct a detached ga2ebo.which would provide a similar use tothe three - season porch. The other alternative is that the petitioners could construct an*open deck which would provide'a second access to the' dwelling as mentioned in the petitioners' hardship statement. The petitioners also have.reasonable use of the property without the granting of a variance. Ms. McPherson stated that as the petitioners have 'other alterna- tives which allow them to, meet Code, staff recommends that the Appeals Commission recommend denial of the variance request to the City., Council. However, if the Commission chooses to recommend approval of the request;. staff recommends one stipulation: 1. A five foot street easement shall be granted over the utility. easement along 'Benjamin Street for Minnesota State Aid purposes. Mr. Luke Maidment stated this is split level house, and right now the first floor exit is the.mairi entrance to the house. That is a concern to them in case of fire. The second exit was out the patio door and .onto deck which :has been removed. The deck was removed at the recommendation of the contractor. The upper level addition, is for his wife's 92 year old father who is now living with them. This causes some concern because of the one exit. Because her father cannot easily go up and down stairs, they want to give him more room. Ms. Elaine Maidment stated the square footage on the upper level is not very large. The addition would certainly give her father more mobility. Right now, it is restrictive for him and restrictive for them. Mr. Maidment stated that his wife's father's wellbeing 'is their main concern right now. The addition, at 14 ft. by 16 ft., is not very large. Ms. Maidment stated they decided that as long as they were putting on the upper addition, they should be practical and make the lower level into an three -season porch which can also be used for the storage of lawn furniture. The original deck extended out from the house 12 feet, and they want to extend the addition out 14 feet. Ms. Beaulieu asked if there is another location where the addition could be constructed. 7L APPEALS COMMISSION MEETING. OCTOBER 6, 1992 PAGE 3 Ms. Maidment stated that the utilities run on the east side of the house, and there is no room on the west side of the house. The garage sits in .front of the. house. She stated this is a smaller lot. Woodside Court curves so part of the southeast corner of the lot is cut.off. Ms. McPherson stated the lot area is about 9,700 sq. ft. so it does meet the minimum lot area of 9,000 sq. ft., but the petitioners are also inhibited by the fact that this is a corner lot. If this was a typical interior lot, they would be allowed to expand to the east to a minimum of 10 feet to the side lot line. Because they are on a corner lot, they need to maintain the .17 1/2.foot setback from the side lot linea There is already a 15 foot drainage and utility easement on the east, plus they need to. maintain another 2 1/2 feet, to it is not feasible to enlarge the house to the east. Ms. Maidment -stated that the publicpurpose for the Code requirement is to provide space for.green.areas. She stated that their plans include landscaping and shrubs, probably more than what they have now. By improving. what they have now, they believe they will be adding value to'their home which will benefit the City of Fridley. Mr. Maidment stated he has spoken to the neighbors immediately surrounding them, and. the neighbors are supportive of the variance to construct an addition. Mr. Joe Hoesley, 1581 Woodside Court, stated.they have no problem with the addition. They believe it will be.a big .improvement for the neighborhood. MOTION by Ms. Beaulieu, seconded by Mr. Kuechle, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC.HEARING.CLOSED AT 8:15'P.M. Ms. -Beaulieu stated she believed the hardship is the uniqueness of this lot in that it is a corner lot with a required 17 1/2 foot setback. There is also no other direction where the addition can be constructed. She would vote iri favor of the variance. Ms. Savage stated that her first impression was that the back yard is not very big now, and the addition would be taking up most of the back yard. However, it is a small house and the petitioners plan to install landscaping. She stated she did not think there will be any essential altering of the character of the property, and there will be sufficient green space which is the purpose for the rear yard setback requirement. She, too, would vote in favor of the variance. 7M I APPEALS COMMISSION MEETING OCTOBER 6.1992 PAGE 4 Mr. Kuechle stated he concurred with Ms. Beaulieu and Ms. Savage. The lot coverage is still pretty good, and the house is set back quite a ways from the front. With the side yard and the existing trees, the proposed plan will look good architecturally. MOTION by Mr. Kuechle, seconded by Ms.. Beaulieu, to recommend to City Council approval of variance request, VAR #92-18 by Luke and Elaine Maidment, per Section 205.07.03.D.(3).(a) of the Fridley City Code,.to reduce the rear yard setback from 29 feet to 18 feet to allow the construction of an addition on Lot 3,, Block 1, Rice Creek Estates, the same being 1591 Woodside Court N.E., with the following stipulation: 1. A.five 'foot street easement shall be granted over the utility easement. along Benjamin Street for. Minnesota State Aid purposes. 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.October 19, 1992. 2. DROESSLER• Per Section 205.07.03.D.(3).(a) of the Fridley City Code, to reduce the rear yard setback from 29 feet to 8 feet to allow the expansion of an existing attached garage on Lots 31-32., Block S, Riverview Heights ddition, the same being 8141 Riverview Terrace N.E. MOTION by Ms. Beaulieu, seconded by hearing. UPON A VOICE VOTEr ALL VOTING AYE# MOTION CARRIED AND THE PUBLIC HEA . Kuechle, to open the public :RPERSON SAVAGE DECLARED THE OPEN AT 8:20 P.M. Ms. McPherson stated this property is located at the intersection of Hugo Street and Riverview. Terrace, st of East River Road. The property is zoned R-1, Single Family lling, as are all adjacent properties. The property is also to ated in the CRP -2, Flood Fringe District, so the petitioner has applied for a special use permit which will be reviewed by the Pla ing Commission on October 14, 1992. Ms. McPherson stated the petitioner is pr posing to construct a 20 ft. by 24 ft. garage expansion to the exi ting attached single car garage. This addition would increase the maximum lot coverage to the 25% threshold.- The maximum percentage of structures which can cover any single family lot is 25a. The 1 t, however, is smaller than the minimum lot area of 9,000 s . ft. The lot is 7N 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, October 6, 1992, at 7:30 p.m. for the purpose of: Consideration of variance request, VAR #92-18, by Luke and Elaine Maidment: Per Section 205.07.03.D.(3).(a) of the Fridley City Code, to reduce the rear yard setback from 29 feet to 18 feet to allow the construction of an addition on Lot 3, Block 1, Rice Creek Estates, the same being 1591 Woodside Court 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 September 29, 1992. VAR #92-18 1591 WOODSIDE COURT Mailed: 9/25/92 LUKE AMID ELAINE MAIDMENT Luke and Elaine Maidment Gahada E1-Gamal Tuan Di.ep 1591 Woodside Court 1605 Woodside Court 1590 Rice Creek Road Fridley, MDT 55432 Fridley, MN 55432 Fridley, MN 55432 Roger Freitag Barbara Lorsung Jeanine Fischer 1613 Briardale Road 1600' Rices Creek Road 1580 Rice Creek Road Fridley, MN 55432 Fridley, IST 55432 Fridley, MN 55432 Duane Kise John Govoent 'Theodore 'Iheilmzin 1603 Briardale Road 1610 Rice Creek:.Road .1540 Rice Creek Road Fridley, MN 55432 Fridley, MLV :55432 Fridley, .MDT 55432 Donald Erdman Marvin, Hcbmidtz Mohamed Mohamed. 1602 Woodside Court 1616 Rice Creek:.Road 1561 Rice Creek Road Fridley, MN 55432 Fridley, MDT 55432 Fridley, MN 55432 Wallace Sax Richard Becker Kwe., Tsang 1612 Woodside Court 1579 Briardale.Road 1581 Rice .Creek Road Fridley, MDT 55432 Fridley, MDT 55432 Fridley, MV 55432 Daniel McTavish. Michael Trancheff Chun Chen 1618 Woodside Court 1589 Briardale Road 1581 Rice Creek Road Fridley, MN 55432 Fridley, MN 55432 Fridley, MDT 55432 Gary Smith Bruce IlWe Andrew Wargo 1619. Woodside Court 1588 Woodside Court 1621. Rice Creek Road Fridley, MDT 55432 Fridley, MDT 55432 Fridley, MN 55432 Roger Chem Jerome Neelan Willa Gonsior 1615 Woodside Const 1578 Woodside Court 1601 Rice Creek Road Fridley, MN 55432 Fridley, MQ 55432 Fridley, MN 55432 Yasser Abouaish Joseph Hoesley Resident 1605. Woodside Court 1581 Woodside Court 1613 Rice Creek Road Fridley, MN .55432 Fridley, MN 55432 Fridley, MN 55432 Diane Savage City Council 567 Rice Creek Terrace City Manager Fridley, MV 55432 COMMISSION APPLICATION REVIEW FILE NUMBER FILE DATE MEIVINGIDATE FILE DESCRIPTION VAR #92-18 CITYOF 42 9-4-92 10-6-92 1591 Woodside Court - rear yard setback FMDLLY COMPLETE REVIEW CHECKLIST AND RETURN TO PLANNING DEPT. JOHN F. �/ J (2WCLYDE Meg YDE M. U CHUCK fi. COMMENTS i CF C7" - Li VAR #92-18 Luke/Elaine Maidment 7G 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: _AS -P/ wood s%. �'�; die �� vti YN ® G-sC/ 3 Property Identification Number (PIN) R1. 3 0 4""foo & 7 Legal description: Lo f8 , 91®ck . Rice- Crree-P E s4q�es.Am®ka-Oo A ri Lot 1 Block % Tract/Addition ki 91ce 0freek' S4�e5 Current zoning: R - I Square footage/acreage 9 7 L/ 5-'D7� Reason for variance and hardship: Recc Lv s e o 4 d `S xyt . e e V"o iAA ba e k l v � 10 A e - T® ce aA �Xv ®y�, Section of City Code: Have you operated a business in a city which required a business license? Yes No X If yes, which city? If yes, what type of business? Was that license ever denied or revoked? Yes No FEE OWNER INFORMATION (as it appears on the property title) (Contract Purchasers: Fee Owners must sign this form prior to processing) NAME-UIL�e- D• Q-V\l PAQid.V'Ae0,�, �►daSb��d 1�6�'Q ADDRESS Igq I wocds;d� m ha s � 9 DAYTIME PHONE gS'go 4&, SIGNATURE 6'M Q DATEze F PETITIONER INFO MATION NAME ADDRESS DAYTIME PHONE SIGNATURE DATE Fee: $100.00 $ 60.00 for residential properties Permit VAR # Receipt # a 0 Application received by: Scheduled Appeals Commission date: ! -9 9 -2 - Scheduled City Council date: 7H �T 0 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 5. 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 e. 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 VAR #92-18 Luke/Elaine Maidment 7 THIS IS A COMPILATION OF RECORDS AS THEY APPEAR IN THE ANOKA COUNTY �® �� OFFICES AFFECTING THE AREA SHOWN. S '/','�• THIS DRAWING IS TO BE USED ONLY FOR REFERENCE PURPOSES AND THE COUN- /OL EY TY IS NOT RESPONSIBLE FOR ANY IN. ACCURACIES HEREIN CONTAINED. R 539/3 ® 41 45 P. ii ra�- �a*ar /r /' .(Gpm.+AJ s•�f,A./—).°rs .. � c_I�fP z`(C•c-'ACari / S< m /)?zaf�G 7.r y i3 r<'(.l'o Nrr /�3 ac 't �) .�. AJl.. /9 (V) Uj/Ir a lea A a .I.Ayr /e�i(�1 > T,n H� sk H�y� R/CMr O�/ N AVE •+i .M}. J t}°to') ( {I1.� e m•I � /3 —�� '_ 9 tz. 't(I )91 .�/ e•f( am' }f•� -•� t o Y E2LA !1 .E.. a.sasryRLa ..r '° �f�,o•Lwvfi N}tOr.fvyS,vlli ar.%hl /�7 : -. p i +-/ irs•�r' r . ) �In )n°a-° 40 1n) LLI too 'I.) NPo•t a)C ..j d( �...4r wr ¢ 6tn '.. f r�.) 16 kL Lt4 l� v,�zQpIJ� -r R6 �s .eC� to � .i.) C ir GJ (A/) i .'�r, I-� U7 I.I 1JJ. (9 irrr(f�z'd�rn l(xi.�E'D :P t 8vw .�n ,Is 15 () , , .t ip2wQ� A( /F ia� N '.( I E-a vy➢:t� -woml 9 �� -mr. a' B p—gia :r 2AUO(. r' '(•() Iz CF �rGys}a9b!'9,8),l� )) 20 SUB. as 1 x ela/R oQI_.R 2C4J ur�) e"J. .t<1,C 29 2ND AVE a .S.{.+r8 tc("3r-°aa(° jCMaV`t�- D1 fr- g�t4♦ /�: O�.d �s °g it.-/$�i. p_' ( W .�(a )O)a.; 20) } a y( iv•0(e'R (eryf ` '(' tfi 9 r•Rri�'o� } $40 /O li /Wl yB �r,r(s8� )s+ 1- 6RtJsE l ki ,rce)tJ.rryy 3 I lo .t () r11P =8 v 'mt�tp . 40•, l0 ( 'a. "" 6.�i_�9:r 13 (5 � -_.r6 /A�ms,t)/ A;i/ +) j- LR �rwE • WOODYZI!o ' wr9�e..r .r:/Cf� 3cBWM� .a '. a NO. 228 •,Ni ♦`..`t�. UP tH � ,".� a' s „by.� r°zSc/. ant-f a?. .o ,. . :iRN._i °'=�i`f'f C. p. la_ a ROLAND W. ANDERSON %•rd J1—H�.�'.�+I�AczD/��F(/)<K �;✓ COUNTY'SURVEYOR d;Jenu ANOKA COUNTY MMMOTA + Ailr� J�L=-sn 7 R B LOCATION MAP VAR #92-18 Maidment man I ::: ®� E::■■■ :. veep©v - v ,, \ .■■■-nu■■■■ 11 �. �, Emmons .::::::6 r -- ol db 000♦ w000� 0000 ♦00•►•-••-. Ir;. �:. � -� 130 - Nunn .�i .0o rig w .es�00o ..♦►►000 . •�+0��►�►0+000 � ��i'.��ic���! ��:: -�, •1� T ���0 . ~00� •�, �►00000 � d��llr1� 00•►. s0• `,► ♦ • ♦ 0� mo®®I� !�► 4EL &- /FAit,4 AC r I Lyi�� • Ziff 19 � r i4 is 4 ^ GRACE HIGH ____ ° s ,. SCHOOL AD®®TY®H i N c v� 7C ZONING MAP VAR #92-18 Luke/Elaine Maidment CERTIFICATE. OF SURVEY FOR I New Addition 80.0 � • 25.4 ... • . I � I� Oi .I � r W N Founda4ion"� O I ,� d O W N4 1.3'0 17) 0 20.1 � I � d �• � Q W-2 W 2g,�.49 r '��� do i `r DS,pF, GOIiRT _ Denotes Iron O O �Morty e mer - Revrse-d B -\-S--75 -}o I show-FOun6a+ron �I Description Lot 3, Nock 1, RICE CREEK ESTATES, Anoka Counig, Minn. )nCUit r COuiZtr I hereby -certify that this is a tmi! and co—:,'* representation cf a srnv��y of C`T the boundaries of the above: desrriiii d land s u. of the location of all buildings, if any, thereon;a •nd allw sibte encrnachm•::t:., if any, from 0i oon said land. 7F SITE PLAN COTIFICATE CSF SU*EY F 0 R IV i SS 3 N WO�pS pE Iw6 ! s + v d �i 'd ' No Q. ��o`• UJ I fn I "j co;ua.T pescript ion Lo-� 3, 81ock 1, RICE CREEK ESTA T -52 Anoka Counig, Minn. o De-noies Iron Mornument Rev+sed S -13--I5 --o show-�oun6a+an �W )oeun & Countre� I hereby certify that this is a tial: and coi�.r.:t representation of a survey of Job No. the houndaries of the ahovi! described land .,!id of the location of all buildings, 190 Surueyori if any, thereon, and all visible eocioachim:nv, if any. from or on said land. Book — Page Land Surveyinq • SItP Plannuut As surveyed by me this dd: .T0.r\.__.—_ , 19-1 . Civil Fnrlineerinq iRtli70thAv tv ,I 9.1 slBowie Av N--- firook!pn P,jik %1N 564?S Ph,�ne x,33 1340 h1i,;n 1 )0944 1„ - 40, C'IL_JIFIC.l4TE OF SU EY FOR PIKE TREE _AW-1LDERS 80.0- 25.4 � r C 1p I� �J 4 � •3'D I � M m I tl I'No`C- Q 3� I 25 z F -0 55.34 ; 15-bu i DoE I � CoIURT -- DescripAion * Lot 3, 61ock 1, RICE CREE1{ ESTATES, Anoka Covnitj, Minn. o De-noies Iron Monumert-� Revised B -\-S-75 -'ro show -Found a+kon %QItU/Z r� /' Ovit tl'l� I hereby certify that this is a true and co ?.rot representation of a stnvey of Job No. e�T l�the boundaries of the above described land ,;nd of the location of all buildings, 190 Survelt�or.4 if any, thereon, and all visible encioachinonts, If any, from or on said land. Book -Paye Land Surveying • Site Plammnq As surveyed by me thisdx, - ------ _Jon - Civil Engineering 8816 700h Av N. U 94 et Boone Av N 1 —..... __,___ _ . tet arc la %IM.g _.... _ _._ _—__._-. -- Sral'e Brooklyn Pork, MN 55428 Phone. 533 7340 Minn. r , %d,) __10944-..__._..___ 1„ = 40 Easement Individual(s) to Corporation(s) or Partnership No delinquent taxes and transfer entered; Certificate of Real Estate Value ( ) filed ( ) not required Certificate of Real Estate Value No. '19 County Auditor by Deputy STATE DEED TAX DUE HEREON: $ -0- Date , 19_ FOR VALUABLE CONSIDERATION, Luke D. Maidment and Elaine J. Maidment, husband and wife, Grantor(s), hereby conveys an easement to the City of Fridley, Grantee, a Municipality under the laws of Minnesota, real property in Anoka County, Minnesota, described as follows: A 5 -foot street easement over the east 5 feet of Lot 3, Block 1, Rice Creek Estates. The City of Fridley hereby accepts this easement for street purposes. Shirley A. Haapala - City Clerk Subject to easements of record.