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VAR 90-14CITYOF FRIDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 • (612) 571-3450 • FAX (612) 571-1287 CITY COUNCIL ACTION TAKEN NOTICE Robert Carlson 350 Osborne Road N.E. Fridley, MN 55432 Dear Mr. Carlson: August 14, 1990 On August 13, 1990, the Fridley City Council officially approved your request for a variance, VAR #90-14, to reduce the side yard setback on a side street from 25 feet to 15 feet to allow the construction of a garage on Lot 1, Block 2, Osborne Manor, the same being 350 Osborne Road N.E., with the following stipulations: 1� A hard surface driveway shall be provided by September 1, 1991. (?,-,tyj.�{I There shall be no repair eof automobiles, other than the petitioner's, on site. The square foot area of the gabage shall not exceed the square footage of the home. If you have any questions regarding the above action, please call the Planning Department at 571-3450. Sincerely, Barbara Dacy Planning Coordinator BD/ do Please review the noted stipulations, sign the statement below and return one copy to the City of Fridley Planning Department by August 28, 1990. Concur with action taken. a� 920943 STATE OF MINNESOTA CITY COUNCIL PROCEEDINGS COUNTY OF ANOKA CITY OF FRIDLEY In the Matter of a variance. VAR 490-14 VARIANCE Robert Carlson , Owner The above entitled matter came before the City Council of the City of Fridley and was heard on the 13th day of August , 1 g 90 , on a petition for a variance pursuant to the City of Fridley's Zoning Ordinance, for the following described property: To reduce the side yard setback on a side street from 25 feet to 15 feet to allow the construction of a garage on Lot 1, Block 2, Osborne Manor, the same being 350 Osborne Road N.E. IT IS ORDERED that a variance be granted as upon the following conditions or reasons: 1. A hardsurface driveway shall be provided by September 1, 1991. 2. There shall be no repair of automobiles, other than the petitioner's, on site. (over) STATE OF MINNESOTA ) COUNTY OF ANOKA ) OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) 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 the City of F dley, Minnesota, in the County of Anoka on the /( day of DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 SHIRLEY A. 1AAPALA, CITY CLER&`� Variances are valid for a period of one year following approval anti A."ll 'be ''s �� A 1. considered void if not used within that period. r, n ✓ 3. The square footage area of the garage shall not exceed the square footage of the first floor of the home. FRIDLEY CITY COUNCIL MENTZNG OF 1►DG08T -0 B7�1S3E 13 B. VARIANCE VAR #90-14, BY ROBERT CARISON TO F'DUCEHEIDE TS YARD SETBACK ON A SIDE STREET FROM 25 FEET s -u 15 2. SEET TO ALLOW CONSTRUCTION OF A GARAGE O 'r'FiE SAME BEING 350 OSBORNE ROAD N.E.: Ms. Dacy, Planning Coordinator, stated that the petitioner wishes to construct a new garage utilizing the slab .from the old ga=age in addition to pouring additional concrete for the remaining g g floor. She stated that o etheet itioner has advised that there is' a patio area to the rear garage which wil need to be removed if the proposed garage is located to meet the 25 foot setback. Ms. Dacy stated that the Appeals Commission recommended approval of this variance indicating that the extension of the existing setback would be in conformance with existing setbacks of other garages in the area to the south and across te h estr alternate location stated She location that the property owner to the south Opposed proposed by staff. She stated that staff recommends denial as other alternatives are available. Councilman Billings asked Mr. Carlson if he had any problem with the two stipulations. Mr. Carlson stated that he did not object to the stipulations. He stated that he did not want to move the garage back not only because of the patio, but because he would have to He stated that his neighbors realleak y t he old six inch thick s do not want him to move the garage to the south. Mayor Nee asked Mr. Carlson if he was selling cars from his property. Mr. Carlson stated that because he has a corner lot, a lot of people use his lot to sell their vehicles. cannot Councilwoman Jgaenson vehicle ssed unless .itis req atrlson he to him. have a for sale sign on Councilman Billings ase 1 �e�ttrian®the squarewas footage on thethe first of the garage cannot b gr floor of his home. Mr. Carlson stated that Ms. Dacy informed him of this requirement. MOTION by Councilman Billings to grant variance request, ,- j�"^ a VAR #90-14, with the following. stipulations: i hard surface �-,here shall driveway shall be provided by September 1, 1991' -and -^(2 on site. be no repair of automobiles, other than the petitioin yr s', Seconded by Councilwoman Jorgenson. FRIDLEY CITY COUNCIL MEETING OF ARGUBT 13, 1990 PAGE 14 MOTION by Councilman Billings to amend the above motion by adding the following stipulation: _Ithe square foot area of the garage shall not exceed the square 'footage of the first floor of the home. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. UPON A VOICE VOTE TARN ON THE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. C. VARIANCE VAR #90-15, BY ROBERT FRMUN TO REDUCE THE FRONT YARD SETBACK FROM 35 FEET TO 22o FEET; TO�INCREASfrnALLOWOT ALL STREET N.E.: Ms. Dacy, Planning Coordinator, stated that this is a 4equest for a variance to reduce the front yard setback from 35 fe(et to 22 feet and for a variance to increase the lot coverage from 25 to 26.6 percent. She stated that a variance was granted st year for the addition to the front of the home. However, th7 e was an error in the dimensions of the lot depth. She stated, that 116 feet was shown on the plan when, in fact, there was only 110 feet. Ms. Dacy stated that to further complicate the matter, based on the erroneous lot dimensions, the petitioner 4iicreased the size of the garage rather than the size that was orinally proposed. Ms. Dacy stated that the detached gage and the addition is over the 25 percent lot coverage. She stated that the variances are required, therefore, to allow the addition onto the front of the home by reducing the setback fro 35 to 22 feet and increasing the lot coverage from 25 to 28.6 pe cent. roval Ms. Dacy stated that the App6 is Commission recommended ecommends of both the variances by a to 1 vote. However, staff denial. Councilman Fitzpatrick tated that the minutes reflect that the vote was unanimous fo approval of the variances. Ms. Dacy statedt she thought Mr. Voss voted against it, however, she would have to check into it further. Councilman"Fitztrick stated that these are variances which, in substance, the ouncil meant to grant last year. He stated that one resident ho abuts this property to the rear did object; however, th a are several other residents who reside on Kimball that had n,objection to the variances. _+.. .. S= r a i ra i 10 � QFGOCF OF CGUM IREWROM STATE OF MIMEMM COLIM DF ANOKA B tweby cergy that the wit6'sin instru- t was fW in this ofte for record on Me JAN t Z 1891 /v o°cloc@44, M,, and was My recorded Q €3 C. BY o SHIRLEY A. HAAPALA FRIDLEY CITY CLERK 6421 UNIVERSITY AVE NE FRIDLEY MN 55432 r q. u. CITYOF FRIDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 • (612) 571-3450 • FAX (612) 571-1287 CITY COUNCIL ACTION TAKEN NOTICE Robert Carlson 350 Osborne Road N.E. Fridley, MN 55432 Dear Mr. Carlson: August 14, 1990 On August 13, 1990, the Fridley City Council officially approved your request for a variance, VAR #90-14, to reduce the side yard setback on a side street from 25 feet to 15 feet to allow the construction of a garage on Lot 1, Block 2, Osborne Manor, the same being 350 Osborne Road N.E., with the following stipulations: 1. A hard surface driveway shall be provided by September 1, 1991. 2. There shall be no repair of automobiles, other than the petitioner's, on site. 3. The square foot area of the garage shall not exceed the square footage of the home. If you have any questions regarding the above action, please call the Planning Department at 571-3450. Sincerely, Barbara Dacy Planning Coordinator BD/dn Please review the noted stipulations, sign the statement below and return one copy to the City of Fridley Planning Department by August 28, 1990. Concur with action taken. FRIDLEY CITY COUNCIL MEETING OF &UGUST 13. 1990 IDAQE 13 B. VARIANCE VAR #90-14, BY ROBERT CARLSON TO REDUCE THE SIDE YARD SETBACK ON A SIDE STREET FROM 25 FEET TO 15 FEET TO ALLOW _THE CONSTRUCTION OF A GARAGE ON LOT I. BLOCK 2 OSBORNE MANOR THE SAME BEING 350 OSBORNE ROAD N.E.: Ms. Dacy, Planning Coordinator, stated that the petitioner wishes to construct a new garage utilizing the slab from the old garage in addition to pouring additional concrete for the remaining garage floor. She stated that the petitioner has advised that there is a patio area to the rear of the existing garage which will need to be removed if the proposed garage is located to meet the 25 foot setback. Ms. Dacy stated that the Appeals Commission recommended approval of this variance indicating that the extension of the existing setback would be in conformance with existing setbacks of other garages in the area to the south and across the street. She stated that the property owner to the south opposed the alternate location proposed by staff. She stated that staff recommends denial as other alternatives are available. Councilman Billings asked Mr. Carlson if he had any problem with the two stipulations. Mr. Carlson stated that he did not object to the stipulations. He stated that he did not want to move the garage back not only because of the patio, but because he would have to break up the old six inch thick slab. He stated that his neighbors really do not want him to move the garage to the south. Mayor Nee asked Mr. Carlson if he was selling cars from his property. Mr. Carlson stated that because he has a corner lot, a lot of people use his lot to sell their vehicles. Councilwoman Jorgenson advised Mr. Carlson that he cannot have a for sale sign on a vehicle unless it is registered to him. Councilman Billings asked Mr. Carlson if he was aware that the size of the garage cannot be larger than the square footage on the first floor of his home. Mr. Carlson stated that Ms. Dacy informed him of this requirement. MOTION by Councilman Billings to grant variance request, VAR #90-14, with the following. stipulations: (1) a hard surface driveway shall be provided by September 1, 1991 and . (2 ) there shall be no repair of automobiles, other than the petitioner's, on site. Seconded by Councilwoman Jorgenson. RIDLEY CITY COIINCIL MEETING OF 1UGUST 13. 1990 PAGE 14 MOTION by Councilman Billings to amend the above motion by adding the following stipulation: (3) the square foot area of the garage shall not exceed the square footage of the first floor of the home. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. C. VARIANCE VAR #90-15 BY ROBERT FRANZEN TO REDUCE THE FRONT M"W T nT KIMBALL STREET N.E.: Ms. Dacy, Planning Coordinator, stated that this i a request for a variance to reduce the front yard setback from 3 feet to 22 feet and for a variance to increase the lot covera a from 25 to 28.6 percent. She stated that a variance was gran ed last year for the addition to the front of the home. However there was an error in the dimensions of the lot depth. She ated that 116 feet was shown on the plan when, in fact, there w s only 110 feet. Ms. Dacy stated that to further complicate he matter, based on the erroneous lot dimensions, the petiti her increased the size of the garage rather than the size that w s originally proposed. Ms. Dacy stated that the detac d garage and the addition is over the 25 percent lot coverage. She stated that the variances are required, therefore, to al w the addition onto the front of the home by reducing the setb from 35 to 22 feet and increasing the lot coverage from 25 to 8.6 percent. Ms. Dacy stated that the Appeals Commission recommended approval of both the.varianc s by a 2 to 1 vote. However, staff recommends denial. Councilman Fit atrick stated that the minutes reflect that the vote was una 'mous for approval of the variances. Ms. Dacy tated that she thought Mr. Voss voted against it, however, he would have to check into it further. Counc ,man Fitzpatrick stated that these are variances which, in subs nce, the Council meant to grant last year. He stated that one resident who abuts this property to the rear did object; ho ever, r ere are several other residents who reside on Kimball at had objection to the variances. 6N u STAFF REPORT APPEALS DATE July 24, 1990 CITY OF PLANNING COMMISSION DATE FRIDLEY CITY COUNCIL DATE August 13, 1990 AUTHOR Mils x.z REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION SITE DATA SIZE DENSITY PRESENT ZONING ADJACENT LAND USES & ZONING UTILITIES PARK DEDICATION ANALYSIS FINANCIAL IMPLICATIONS CONFORMANCE TO COMPREHENSIVE PLAN COMPATIBILITY WITH ADJACENT USES & ZONING ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMENDATION APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENDATION #90-14 rt Carlson reduce the side yard setback cn a corner lot for a age facing a side street from 25 ft. to 15 ft. 350 Osborne Road N.E. 12,105 sq. ft. R-1, Single Family Dwelling R-1, Single Family Dwelling to E, S, and W; C-2 General Shopping to N IYes IDenial Approval A Staff Report VAR #90-14, 350 Osborne Road N.E. Page 2 A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.07.03.D.(2).(c).((3)) requires that any attached or unattached accessory building which opens onto the side street must be at least 25 feet from the property line of the side street. Public purpose served by this requirement is to allow for off- street parking without encroaching on the public right-of-way and also the aesthetic consideration of the neighborhood to reduce the building "line of sight" encroachment into the neighbor's front yard. B. STATED HARDSHIP: "Would lose 10 feet of yard in back and patio slab would be removed; all garages on street have same setback; would increase cost 500." C. ADMINISTRATIVE STAFF REVIEW: Request The petitioner is requesting that a variance be granted to reduce the side yard setback on a corner lot for an accessory use from 25 feet to 15 feet. This will allow the petitioner to utilize an existing garage floor as a portion of the floor of a new garage the petitioner proposes to construct. This request is on Lot 1, Block 2, Osborne Manor Addition, the same being 350 Osborne Road N.E. Site A single family dwelling unit and an existing 16 ft. x 22 ft. detached garage is located on the site. The petitioner is proposing to remove the existing garage in order to construct a new garage which will be 26 ft. by 38 ft. The site is zoned R-1, Single Family Dwelling, and there is adjacent R-1, Single Family Dwelling, to the east, south, and west of the parcel. The zoning to the north is C-2, General Business. The City's code enforcement officer has sent several noncompliance letters to the petitioner regarding the sale of vehicles from the property not on a hard surface. The most recent of these is dated December 12, 1989. Staff received a call from an adjacent property owner who requested that the garage not be used for auto repairs. Staff Report VAR #90-14, 250 Osborne Road N.E. Page 3 Analysis In analyzing the request, staff calculated the square footage of the garage and the house. The square footage of the proposed garage is 988 sq. ft., while the existing house is 972 sq. ft. Section 205.07.01.B,(4),(a) states: "A private garage is the first accessory building, and it shall not exceed 100 percent of the first floor area of the dwelling unit, or a maximum of 1,000 sq. ft." As the proposed garage is larger than the first floor area of the dwelling unit, staff contacted the petitioner regarding this issue, and the petitioner is aware that he will need to reduce the size of the proposed garage. In constructing the new garage, the petitioner proposes to utilize the old garage floor in addition to pouring additional concrete for the remaining garage floor. The petitioner has stated that there is a patio area to the rear of the existing garage which will need to be removed if the proposed garage is located to meet the 25 foot setback. The petitioner has the west in order to meet petitioner could also feet of the south prope to meet the 25 foot setb petitioner's patio are into the petitioner's Recommendation As the petitioner h to meet the zoning i the Appeals Commiss However, if the Appe of the variance re stipulations be app alternative to move the garage to the the zoning code requirement. The move the proposed garage to within 5 rty line and also move it to the west ack. This would not encroach into the a and would also not greatly encroach rear yard. as two alternatives code requirements, on deny the variance als Commission votes quest, staff would re lied as part of the which would allow him E recommends that request as proposed. to recommend approval commend the following variance: 1. A hard surface driveway shall be provided by September 1, 1991. 2. There shall be no repair of automobiles, other than the petitioner's on site. Appeals Commission Action The Appeals Commission voted unanimously to recommend approval of the request to the City Council with the stipulations as recommended by staff. Staff Report VAR #90-14, 250 Osborne Road N.E. Page 4 City Council Recommendation Staff maintains its original recommendation of denial as the petitioner has two alternatives which allow him to meet the code requirements. CO&uviUNITY DEVEL(.o?MENT DEPARTMENT CIWOF FM [XLY MEMORANDUM DATE: August 8, 1990 TO: William Burns, City Manager. A,A. 4 FROM: Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Variance Request, VAR #90-14, by Robert .Carlson The Appeals Commission voted una imously to recommend approval of this request to the City Council with the following stipulations as recommended by staff: 1. A hard surface driveway shall be provided by September 1, 1991. 2. There shall be no repair of automobiles, other than the petitioner's, on site. Staff recommends that the City Council deny the request as the petitioner has two alternatives which allow him to meet Code. MM:ls M-90-523 6M APPEALS COMMISSION MEETING. JULY 24 1990 PAGE 6 Ms. Dacy stated that if he Commission is going to consider recommending approval of th variances, there are the issues of the hard surface drivewayd the removal of all construction debris and the 8 ft. x 16 ft. shed on the property. MOTION by Mr. Johnson, second d by Ms. Savage, to recommend to City Council approval of varia ce request, VAR #90-15, by Robert Franzen, pursuant to Section 20 .07.03.D.(l) of the Fridley City Code, to reduce the front yard etback from 35 feet to 23 feet; and pursuant to Section 205.07.0 .C. of the Fridley City Code, to increase the lot coverage fro 25% to 27%, to allow the construction of an addition to th front of the existing home and to acknowledge the coverage of the existing garage on Lots 37 and 38, Block E, Riverview Heights, the same being 590 Kimball Street N.E., with the following stipulatio s: 1. The hard surface driveway 1, 1990. 2. The storage shed must be r or 30 days after the final to the front of the house. UPON A VOICE VOTE, ALL VOTING AYE, THE MOTION CARRIED UNANIMOUSLY. be completed by November November 1, 1990, n on the addition SAVAGE DECLARED Ms. Dacy stated this item will go to theXi ty Council on August 13, 1990. 2. CONSIDERATION OF VARIANCE REQUEST, VAR #90-14. BY ROBERT CARLSON: Pursuant to Section 205.07.03.D.(2).(c).((3)) of the Fridley City Code to reduce the side yard setback on a side street from 25 feet to 15 feet to allow the construction of a garage on Lot 1, Block 2, Osborne Manor, the same being 350 Osborne Road N.E. MOTION by Mr. Johnson, seconded by Dr. Vos, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPEN AT 8:22. Ms. McPherson stated this property is located at the intersection of 5th Street and Osborne Road in the general vicinity of Unity Hospital. The property is zoned R-1, Single Family Dwelling, as are adjacent parcels to the east, south, and west. The property to the north is C-2, General Shopping. Ms. McPherson stated the petitioner is proposing to remove the 16 ft. x 22 ft. garage currently on the site and to construct a new 26 ft. x 38 ft. garage. She stated she had contacted Mr. Carlson 6S APPEALS COMMISSION MEETING JULY 24 1990 PAGE 7 to tell him that the proposed garage is greater than 100% of the first floor area of the single family dwelling unit which is not allowed by the Zoning Code. It is a simple matter to resolve this issue. The petitioner just needs to shorten his garage to 37 feet. Ms. McPherson stated the petitioner would like to utilize the existing garage floor of the original garage for the new garage. This will encroach into the setback and reduce it from 25 feet to 15 feet. The purpose of the setback requirement is to allow a car to be parked in front of the garage without encroaching into the City boulevard, thereby taking up potential snow storage space or other uses for the boulevard. Ms. McPherson stated the petitioner has two alternatives for the location of the garage. He could move the garage to comply with the Code requirement. If the petitioner wishes to preserve the patio space in the rear yard, he could shift the garage to the south up to within 5 feet of the rear property line as allowed by Code and shift the garage to the west. This would preclude the petitioner from utilizing the existing garage floor. Ms. McPherson stated staff recommends the Appeals Commission recommend denial of the variance request as the petitioner does have two alternatives to meet the Code. However, if the Appeals Commission recommends approval of the variance request, staff is recommending the following two stipulations: 1. A hard surface driveway shall be provided by September 1, 1991. 2. There shall be no repair of automobiles, other than the petitioner's, on site. Mr..Robert Carlson stated he is in agreement with staff to reduce the garage to 37 feet in order to comply with the Zoning Code regarding the floor area of the garage. Mr. Vernon Godeen, 375 - 76th Avenue N.E., stated he is directly behind Mr. Carlson. He stated he is in favor of the variance request. His garage is at the same setback as Mr. Carlson's garage facing 5th Street. He does not want the garage in the rear yard just 5 feet from the property line. Dr. Vos stated he did not see much of a hardship when there seems to be two viable alternatives. Mr: Robert Carlson stated he did not want to put his garage west and south to within 5 feet from the rear property line. In the future he would like to extend the house to adjoin the garage. The garage in that location would wreck the backyard, and his neighbor is opposed to that location also. He also wants to 6T PEALS COMMISSION MEETING JULY 24 1990 PAGE 8 utilize the existing garage floor slab. The proposed garage will be at the same setback as other garages in the neighborhood, and it will look better this way. Dr. Vos asked about the noncompliance letters Mr. Carlson has received in the past regarding the sale of vehicles from the property not on a hard surface. Mr. Carlson stated he is not selling cars on his property, and he will not be doing any repair of automobiles on the property, other than his own. MOTION by Mr. Johnson, seconded by Dr. Vos, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE pUBLIC HEARING CLOSED AT 8:39 P.M. Dr. Vos stated that since the existing garage is nonconforming, technically the petitioner is enlarging the existing garage, even though he is tearing the old one down and building a new one using the existing slab. This is also a corner lot, and corner lots are difficult to deal with. He stated he would be in favor of granting the variance for the following reasons: 1. The hardship is because of the change in the setback requirement since the house was built; 2. The petitioner already has a nonconforming garage, and he wishes to use the existing garage slab. Dr. Vos stated he did not see any advantage to the neighborhood or to the neighbor to the south to move the garage within 5 feet from the rear property line. It did not seem like the spirit of the code to do that. Ms. Savage and Mr. Johnson stated they agreed with the statements made by Dr. Vos. MOTION by Dr. Vos, seconded by Mr. Johnson, to recommend to City Council approval of variance request, VAR #90-14. by Robert Carlson, pursuant to Section 205.07.03.D.(2).(c).((3)) of the Fridley City Code to reduce the side yard setback on a side street from 25 feet to 15 feet to allow the construction of a garage on Lot 1, Block 2, Osborne Manor, the same being 350 Osborne Road N.E., with the following stipulations: 1. A hard surface driveway shall be provided by September 1, 1991. 2. There shall be no repair of automobiles, other than the petitioner's, on site. 6U APPEALS COMMISSION MEETING JULY 24 1990 PAGE 9 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. McPherson stated this item goes to City Council on August 13, 1990. 3. BRANCO: Pursuant to Sectio 205.07.04.D.(1) of the Fridley City Code to reduce the fro.1 yard t setback from 35 feet to 19 feet to allow the place en of a garage in the front yard, on Lot 3, Block 2, Ser Addition, the same being 5720 Polk Street N.E. MOTION by Mr. Johnson, seconded by r. Vos, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, RPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC NG OPEN AT 8:43 P.M. Ms. Dacy stated the property is locat d west of and adjacent to Polk Street. It is zoned- R-1, Single Family Dwelling. To the north and east of the site are existingsingle family homes. To the south is R-3, Multiple Family Dwel ing, zoning, and to the west is C-1, Local Business, zoning. Ms. Dacy stated the existing structure h s been on the property for a number of years. In the early 96 T when the Sexter Addition plat was approved, the City ac ired right-of-way for Polk Street such that it rendered the existing home nonconforming. The distance from the front of the home is, at minimum, 5 feet from the property line. he farthest distance from the front of the home is 7 feet. no er unique feature to this lot is the large tree at the south sid of the home. The petitioner is proposing to locate the garage that was moved onto the property on a foundation so that it would a 19 feet from the property line. There is already an existing urb cut from Polk Street to the property. Ms. Dacy stated the petitioner is very concerne about the moving the garage onto any other part of the property n order to avoid damage to the existing maple tree. There is a existing chain link fence line on the property, and that wo ld have to be removed even with the proposed location for the ga age. Ms. Dacy stated that staff is required to po nt out other alternatives that meet the intent of the Code. The proposed ga=age could be located behind the 35 foot front ya setback and could be moved in order to avoid the maple tree bra ches so that it would also conform with the side yard setback. Again, the petitioner wants to take advantage of the existing urb cut and the small driveway area to the proposed garage. Staff has PUBLIC BEARING BEFORE THE APPEALS COMMISSION Notice is hereby given that the Appeals Commission of the City of Fridley will conduct a Public Hearing at the Fridley Municipal Center at 6431 University Avenue N.E. on Tuesday, July 24, 1990, at 7:30 p.m. for the purpose of: Consideration of variance request, VAR #90-14, by Robert Carlson, pursuant to Section 205.07.03.D.(2).(c).((3)) of the Fridley City Code to reduce the side yard setback on a side street from 25 feet to 15 feet to allow the construction of a garage on Lot 1, Block 2, Osborne Manor, the same being 350 Osborne Road 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. city Council Harmers City Manager Diane Savage 567 Rice Creek Terrace N.E. Fridley, MJ 55432 Robert Carlson 350 Osborne Road N.E. Fridley, NST 55432 Jean Davis 7573 - 4th Street N.E. Fridley, MR 55432 Unity Medical Center 550 Osborne Road N.E. Fridley, MLV 55432 North Suburban Hospital District 500 Osborne Road N.E. Fridley, MJ 55432 Health Central, Inc. 2810 - 57th Avenue North Minneapolis, MV 55430 Dorothy Johnson 340 Osborne Road N.E. Fridley, MN 55432 Kenneth Blom 330 Osborne Road N.E. Fridley, My 55432 MAID NG LIST FOR VAR # 90-14 350 Osborne Road Ezekial Ybreno 320 Osborne Road N.E. Fridley, MN 55432 Vernon Godeen 375 - 76th Avenue N.E. Fridley, MN 55432 George Wilder 361 - 76th Avenue N.E. Fridley, M 55432 Carl Wahlstran 347 - 76th Avenue N.Z. Fridley, MN 55432 Woodcrest Baptist Church 333 - 76th Avenue N.E. Fridley, M 55432 Osborne Pznperties 315 Osborne Road N.E. Fridley, MN 55432 Dennis Black 7574 - 5th Street N.E. Fridley, M 55432 City of Spring Lake Park 1301 - 81st, Avenue N.E. Spring Lake Park, MQ 55432 "�ilinq Date: July 13, 1990 ® COMMISSION APPLICATION REVIEW 0 FILE NUMBER FUE DATE MEETMIG DATE FILE DESCRIPTION VAR. #90-14 CITYOF 34 6/29/90 7/24/90 350 Osborne Road HUDLEY side yard setback COMPLETE REVIEW CHECKLIST AND RETURN TO PLANNING DEPT. ❑ BARB D. COMMENTS ❑MICHELE M. MARK W. I�l JOHN F.Illy p��v,�[ 6ARREL C. EiLYDE M. /�le�c &LEON M. �� �� �.c �j�x,�a,�;�. CAl<� JIM H. BOB a.1v�l °�` ' CITY OF FRIDLEY 6431 UNIVERSITY AVEMM N.E. FRIDLEY, HN 55432 ggMaMitp Development Department (612) 571-3450 VARIM= APPLICMC K 11DRlK PROPERTY - site plan required for submittals; see attached Address: �•i - %/51 Current zoning: Square footage/acreage Reason for variance and hardship: /"nc,( d���/�°t��I e C _ ��-�/t� 5Lqv,- FEE OWNER II�ORNIl�TICI�T 'ren of f nm, � � � S7 � Fo t"5 ( ( Fac Drainers must sign this form prier to processing) IDE NAME M. e x r r• AM_All Feer $100.00 $ 60.00 for residential properties Permit VAR # 0—/ Recepit # 16- 7 Application received by: Scheduled Appeals Vision date: Scheduled City Council date: CITY OF FRIDLEY PLAN REVIEW CHECKLIST Applicants for vacations must submit the legal description of the parcel (easement, street, etc.) to be vacated. Complete site plans, signed by a registered architect, civil engineer, landscape architect, or other design professional, to include the following: A. General: 1. Name and address of project 2. Legal description (certificate of survey may be required) 3. Name, address, and telephone number of applicant, engineer, and owner of record 4. Date proposed, north arrow, scale, number of sheets, name of drawer S. Description of intended use of site, buildings, and structures including type of occupancy and estimated occupancy load 6. Existing zoning and land use 7. Tabulation box indicating: (i) Size of parcel in areas of 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 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 stor• water retention pdnds. Calculations for storm wate 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, width, paving width, existing and proposed median cuts, and inter- sections 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, bikepaths, direction of traffic flow, and traffic -control devices 5. Landscaping Plan 6. Location, access, and screening detail of trasfi enclosures 7. Location and screening detail of rooftop equipment 8. Building elevations from all directions 9. Utility pian identifying size and direction of existin• water and sewer lines, fire hydrants, distance of hydrant to proposed building L` VAR #90-14 Robert Carlson 6V 21 lei, ...... .... 580 pff ow 0 CRO NO (2610A0 At 1w IV (1) 2N • (2700) .9 PWIas mob .' f 0 7 AV lif 4 jov 0 1 /W Ids 0 k �2026 4 W/8 1% 497 / .. — ... .... .... 2/ 441 , 24 ('4 Aw 12 "Ar 22 ew 4 (2400) 'w A" w"'Af N f I V/4 AV le k citz k 0)m# .04 m ASAAM&-.9p. IL a aLl O.L. I es 'Cow AUP LOCATION MAP VAR #90-14 Robert Carlson cv 1 a 25' Setback - 7a# -t Ac �e - - - Old Garage New Garage . _ . ---- - - - _ i Alternate Location- __ _ _-- l �a SITE PLAN 1 v,&,@ —M CITY OF T7 N COR, EL ...... .... 0,680 R?JV, mo (0) '...3 4 ivO 10 - (2610," 6b") 164) 1460 (27000 P-1 N -T� 8 oil E. 0 (2400) AV A Wo 4 AMS. A -AV AM 8 12 110L 2 llbl fi /0 O.L. 2,44-A 24 I 4or td 12 wipe 5 q t 22 [IN 41 ; Ei 14 21 f� 5 4 k 614 20 14 fA" it) P k 7 Ok ow/se, f/ t posP"o lw mssh, AA 0 'e. WL 0 (2400) AMS. A -AV AM 12 110L MWO) , P O.L. 41 ; Ei 5 4 LIZ- 061601-1511LIL r< c rit CR 10 .. ................. O m 8