VAR 88-06FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 • (612) 571-3450 • FAX (612) 571-1287
October 1, 1991
Wayne Johnson
11610 - 53rd Avenue
Plymouth, MN 55442
Dear Mr. Johnson:
This is to confirm that the City Council at the September 30, 1991
meeting approved an extension of a variance, VAR #88-06, to July
1, 1992, subject to any new relocation of the garage on the site
plan requires the approval of the City staff and the City Council.
Councilman Billings inquired as to whether or not you would be
constructing the garage yourself or hiring a contractor. I stated
that I' could not recall which option you were pursuing. He also
wanted confirmation as to which option you are going to pursue and
wants to make sure that whatever site plan is chosen, that they are
aware of it in a public meeting.
You indicated on the telephone Monday evening that ybu would be
able to obtain a letter from the property owner to the south
regarding the new location of the garage. Please submit that to
me when available.
Please confirm with me that you intend to pursue the revised
option, the dimensions, and proposed location. If you can give me
a call this week or mail me a letter, I will try and obtain
approval by the City Council concurrent with the approval of the
resolution authorizing an easement encroachment for the garage
scheduled for October 7, 1991. Should you wish to attend, please
feel free to do so.
Sincerely,
Barbara Dacy, AICP
Community Development Director
BD/dn
C-91-337
•
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 30, 1991 PAGE 13
if this goes to court, the procedure for getting the court
calendar is such that it would take about nine montht to one year.
Councilman Schneider asked wha>att
e don if there are other
pollution problems.
Mr. Herrick stated that City work with the Pollution
Control Agency and ask them toto measure, monitor, and
enforce their regulations. Hehat in terms of noise and
air quality, this would have torable.
6.
MOTION by Councilma Billings to set the public hearing for the
light rail transi preliminary design plans for October 24, 1991
at 7:00 p.m. S conded by Councilman Fitzpatrick. Upon a voice
vote, all vo ng aye, Mayor Nee declared the motion carried
unanimously °
Ms. Da , Community Development Director, stated that copies of the
plan re available at the library and the Community Development
De rtment for anyone interested in reviewing the plan.
7. VARIANCE EXTENSION REQUEST. VAR #88-06, BY WAYNE JOHNSON, TO
REDUCE THE REAR YARD SETBACK FROM 3 FEET TO 1 FOOT, AND TO
REDUCE THE SIDE YARD SETBACK FROM 5 FEET TO 3 FEET, TO ALLOW
THE CONSTRUCTION OF A. THREE -CAR GARAGE ON LOTS 25 AND 26,
BLOCK 5. HYDE PARK ADDITION, THE SAME BEING 6051 THIRD
STREET N.E.:
Ms. Dacy, Community Development Director, stated that a variance
was approved by the Appeals Commission on May 10, 1988, and on
July 9, 1990, the Council approved an extension of the variance to
August 1, 1991. She stated that the reason for the extension was
due to legal complications regarding the vacation and sale of the
alley to the rear of Mr. Johnson's property.- She stated that
Mr. Johnson has now completed the memorialization process and is
requesting another extension in order to complete the garage
construction. She stated that weather permitting, he may be able
to complete the work this fall.
Ms. Dacy stated that the extension of the variance is based on the
site plan which located the garage in the northeast corner of the
property. She stated that Mr. Johnson is now evaluating placing
the garage in the southeast corner of the property. She stated
that she spoke with Mr. Johnson regarding the dimensions for the
variance, and asked that he obtain a letter from the property owner
to the south.
MOTION by Councilman Billings to authorize the extension of
Variance Request, VAR #88-06 to July 1, 1992, with the stipulation
'a
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 30, 1991 PAGE 14
that any new relocation of the garage on the site plan requires
approval of the City staff and City Council. Seconded by
Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously.
B. APPROVAL OF EASEMENT ENCROACHMENT AGREEMENT AT ORTHODOX CHURCH
LANE N.E.:
Ms. Dacy, Community Development Director, stated that thq`property
owner is proposing to construct a vestibule, canopy, ,and carport
along the front of the home at 1201 Hathaway Lane. She stated that
the carport portion of the proposed construction is `located within
a six foot wide utility easement running along the 4--st side of the
property.
Ms. Dacy stated that the garage was construct in 1967; however,
it was unknown to the City that a six foot utility easement existed
where the garage was constructed. She statect that the City relied
on an erroneous survey dated November , 1962 which did not
indicate this easement on the property. -a stated that the error
was not discovered until the property cnged ownership.
Ms. Dacy stated that an easement encroachment agreement between the
City and the property owner would ackowledge the existence of the
garage and carport in this area, but/that the property owner would
be responsible for replacement 'costs for any repairs or
replacements of the garage and/or arport if the City needs to use
the utility easement. She sta d that the carport needs to be
shifted to the rear to comply w th the 25 foot setback.
Councilman Schneider asked /the use of the property, as he
understands it is a place f,r the fathers and sisters to reside.
Ms. Dacy stated that she "derstands it is a single family home for
Father Magram.
Father Magram, Ortho ox Church of the Resurrection of Christ,
stated that there h4 been no change in the status for the last
several years, but they do have a house chapel.
Councilman SchnaVder asked if they generate a lot of outside
traffic.
Father Magram�tated that not more than four or five cars once or
twice a week.
Councilman/Schneider asked the primary purpose of the carport.
Father MAgram stated that it is for architectural purposes to
counter glance the vestibule.
FRIDLEY MUNICIPAL CENTER . 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 • (612) 571-3450 • FAX (612) 571-1287
September 26, 1991
Wayne Johnson
11610 - 53rd Avenue
Plymouth, MN 55442
Dear Mr. Johnson:
I have received a copy of your site plan today, September 26, 1991.
I have scheduled the continuation of your variance approval for
City Council action on September 30, 1991. You should try and
attend this meeting.
I was able to include your proposed site plan into the City Council
agenda. From what I could measure, it did not seem that the
proposed garage was to scale, but I wanted to verify that if the
garage is three feet away from the rear lot line and five feet from
the south lot line, you do not need any type of variance to
construct the garage. I am concerned because the building location
has shifted to the south; it is different than what was considered
in 1988. Under this scenario, the City Council would have the
right to force you to go through the variance process once again
if you are requesting one foot from the rear lot line and three
feet from the south lot line.
In the meantime, you may want to get confirmation from the neighbor
to the south that they would be amenable to the new location of
the garage. Further, we should have confirmation from the property
owner to the north regarding the status of the shared driveway.
A letter from both owners regarding these issues should be
obtained.
I know that it is difficult for you to call/receive calls during
the day; however, I may try to reach you over the weekend to
discuss this.
Also, when we talked last, I referred to an easement encroachment
agreement that was required from the vacation request in 1988. I
have scheduled the resolution approving that easement encroachment
for the October 7, 1991 meeting. I have enclosed a copy for your
review.
Wayne Johnson
September 26, 1991
Page 2
Thank you for your continuing cooperation.
Sincerely,
Barbara Dacy, AICP
Community Development Director
BD/dn
C-91-326
Community Development Department
PLANNING DIVISION
City of Fridley
DATE: September 25, 1991
TO: William Burns, City Manager1fr,
FROM: Barbara Dacy, Community Development Director
SUBJECT: Variance Extension Request for Wayne Johnson;
6051 - 3rd Street N.E.
Background
On May 10, 1988, the Appeals Commission approved a variance request
to locate Wayne Johnson's proposed garage one foot from the rear
lot line and three feet from the side lot line.
On July 9, 1990, the City Council approved an extension to the
variance request to August 1, 1991. The reason for the extension
was due to the legal complications regarding the vacation and the
sale of the alley to the rear of the Johnson property.
Request
All of the necessary legal work has been completed as of this
month; however, Mr. Johnson has again requested that the variance
approval be extended an additional year in order to construct the
garage.
Recommendation
Staff recommends that the City Council approve an extension of the
variance approval to August 1, 1992.
NOTE: One of the stipulations of the alley vacation was to require
passage of a resolution allowing the encroachment of the garage
over the utility easement which was created over the vacated alley.
The resolution will be scheduled for an upcoming City Council
meeting.
BD/dn
M-91-713
00 00
CITYOF
FRIDLEY
FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 • (612) 571-3450 • FAX (612) 571-1287
July 12, 1990
Wayne Johnson
11610 - 53rd Avenue North
Plymouth, MN 55442
Dear Mr. Johnson:
This is to notify you that the City Council at the July 9, 1990
meeting approved an extension to your variance request to August
1, 1991.
Should you have further questions, please feel free to contact me.
Sincerely,
Barbara Dacy
Planning Coordinator
BD/dn
C-90-459
0 4b go
FRIDLEY CITY COUNCIL MEETING OF JULY 9, 1990 PAGE 18
Councilman Billings asked when the home was built. Ms. Dacy stated
in 1959.
Councilman Billings stated, at that time, setback would have
been ten feet so it is conceivable the b er allowed for the fact
that an addition could be placed o e home.
MOTION by Councilman Bill gs to concur with the recommendation of
the Appeals Commiss and grant variance request, VAR #90-10, to
reduce the side- rd setback on a corner lot from 17.5 feet to 15.5
feet. Sec ed by Councilman Fitzpatrick. Upon a voice vote, all
votin ye, Mayor Nee declared the motion carried unanimously.
15. VARIANCE EXTENSION REQUEST, VAR #88-06, BY WAYNE JOHNSON, TO
REDUCE THE REAR YARD SETBACK FROM 3 FEET TO 1 FOOT. AND TO
REDUCE THE SIDE YARD SETBACK FROM 5 FEET TO 3 FEET, TO ALLOW
THE CONSTRUCTION OF A THREE -CAR GARAGE ON LOTS 25 AND _26,
BLOCK 5 HYDE PARK ADDITION, THE SAME BEING 6051 THIRD STREET
N E.:
MOTION by Councilman Billings to approve this variance extension
to August 1, 1991. Seconded by Councilman Fitzpatrick. Upon a
voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
16. NUISANCE ABATEMENT AT 501 GLENCOE STREET N.E.:
This item was deleted from the agenda.
17. ESTABLISH A PUBLIC HEARING FOR ESTABLISHfNG A NEW TAX
INCREMENT FINANCING DISTRICT NO. 11 FOR REDEVELOPMENT OF
THE NORTHEAST QUADRANT OF UNIVERSITY NUE AND MISSISSIPPI
STREET:
MOTION by Councilman Billings to s the public hearing on the
establishment of a new tax is
t financing District No. it for
July 23, 1990. Seconded by C cilman Schneider. Upon a voice
vote, all voting aye, May Nee the
the motion carried
unanimously.
18.
Mr. Pribyl, inance Director, stated that the Long Term Care
Foundaio s requesting the issuance of $1,150,000 in industrial
rX-
evenuends. He stated thatthe City would then enter into a
joirs agreement with the City of Minneapolis and twelve
othcipalities in the metro area to issue a total of
a roximately $42.9 million to finance the acquisition of eighteen
7A
FRIDLEY CITY COUNCIL MEETING OF JULY 9. 1990 _PAGE,17
Councilman Billings stated that it appears only one organizatio
that requested funding received absolutely nothing and asked f
there was any reason why they did not receive funding.
Mr. Barg stated that the North Suburban Consumer Advocates or the
Handicapped did not receive any funding and stated Sue Sherek,
Chairperson of the Human Resources Commission, could ad ess this
issue.
Ms. Sherek, Chairperson of the Human Resources Comm " sion, stated
that she talked to Jesse Ellingworth o/tphat
CAH ny times about
seeking funding from other sources for ter. She stated that
some specific recommendations were o im to obtain a
computer, and she offered to assist hstated that it was
felt there were other avenues open fSCAH to obtain the
computer. Ms. Sherek stated that she urchase software for
them at a discount, and the Commissionat the NSCAH did not
have a realistic grasp on the use of thre. She stated that
the Commission could not get a picturethis would serve the
residents of Fridley.
UPON A VOICE VOTE TAKEN Ofhe
ABOVE MOTION, Councilman
Fitzpatrick, Councilman Schneidncilwoman Jorgenson and Mayor
Nee vote in favor of the motion.cilman Billings voted against
the motion. Mayor Nee declaredotion carried.
MOTION by Councilman Schne' er to receive the minutes of the
Planning Commission meeti g of June 20, 1990. Seconded by
Councilwoman Jorgenson. on a voice vote, all voting aye, Mayor
Nee declared the motion arried unanimously.
14.
A.
Ms. Da/ause
anning Coordinator, stated that the petitioner is
seekiniance to allow an addition onto his existing home and
encroathe required 17.5 setback by two feet. She stated
that bthere is an alternative available to construct a
smalleion, staff recommended denial of this variance.
Ms. acy stated that the Appeals Commission felt the spirit and
int t of the code was not being violated as the variance was small
an recommended approval of the variance. She stated that the
p oposed addition is consistent with the existing sight lines.
COMMUNITY DEVELa
DEPARTMENT
FroTMOFr
MEMORANDUM
MENT 15
DATE: June 28, 1990 4 ��" ,
TO: William Burns, City Manager 41
FROM: Jock Robertson, Community Development Director
Barbara Dacy, Planning Coordinator
SUBJECT: Variance Extension Request for Wayne Johnson;
6051 - 3rd Street N.E.
On May 10, 1988, the Appeals Commission approved a variance request
to locate Wayne Johnson's proposed garage 1 foot from the rear lot
line, and 3 feet from the side lot line (see attachment for
stipulations). Because of the legal complications regarding the
vacation and sale of the alley to the rear of the Johnson property,
it was impossible for Mr. Johnson to comply with the one year time
frame to construct the proposed garage as permitted by the
variance. Therefore, Mr. Johnson is requesting a one year
extension to August 1, 1991.
Staff has been working with Mr. Johnson to complete the final
details required by the variance and vacation approvals. Depending
on the length of the proceeding subsequent process at Anoka County,
he may not be able to start construction until next spring.
Recommendation
Staff recommends the City Council approve an extension of the
variance approval to August 1, 1991.
BD/dn
M-90-462
'47
FRIDLEY
CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE (612) 571-3450
Wayne Johnson
6051 - 3rd Street N.E.
Fridley, Mn. 55432
may 19, 1988
On Tuesday, May 10, 1988, the Fridley Appeals Counission officially approved
your request for a variance, VAR #88-06, to reduce the rear yard setback from
3 feet to 1 foot and to reduce the side yard setback from 5 feet to 3 feet to
allow the construction of a 20 ft. by 40 ft. garage on lots 25 and 26, Block
5, Hyde Park Addition, the same being 6051 -3rd Street N.E., with the
following stipulations:
1. Drainage between the two properties, 6061 - 3rd Street N.E. and
6051 - 3rd Street N.E. to be worked out to the mutual satisfaction
of both property owners and the City Engineering Department.
2. The variance to be contingent upon the approval of the vacation and
the stipulations placed on the vacation approval.
If you have any questions regarding the above action, please call the
Planning Department at 571-3450.
Sincerely,
cl
Darrel Clark
Chief Building Official
Please review the noted stipulations, sign the statement below, and return
one copy to the City of Fridley Planning Department by June 2, 1988.
Concur 'with action taken
CITY OF FRIDLEY
APPEALS COMMISSION MEETING, MAY 10, 1988
CALL TO ORDER:
Chairperson Barna called the May 10, 1988, Appeals Commission meeting to order
at 7:33 p.m.
ROLL CALL:
Members Present: Alex Barna, Diane Savage, Jerry Sherek, Kenneth Vos
Members Absent: Larry Kuechle
Others Present: Darrel Clark, City Building Inspector
Jock Robertson, CwTau- ity Development Director
Wayne Johnson, 6051 - 3rd Street N.E.
Nanci Anderson, 2008 Jerrold Avenue, Arden Hills, 55112
Richard Anderson, 6065 - 3rd Street N.E.
John & Karen Earley, 6041 - 3rd Street N.E.
Jerry Thell, 17020 Crocus ,Street N.W., Anoka
Town Flolid, 6053 Woody Lane N.E.
Thomas Duffy, 6005 Gardena Circle N.E.
APPROVAL OF APRIL 26, 1988, APPEALS CCKIISSION MINUTES:
MOTION by Ms. Savage, seconded by Dr. Vos, to approve the April 26, 1988, Appeals
Coerenission minutes as written.
UPON A VOICE VOTE, AIL VOTING AYE, CHAIRPERSON BARNA DECIARED THE MOTION CARRIED
UNANDIOUSLY.
1. CONSIDERATION OF A VARIANCE REQUEST, ,VAR #88-06, BY WAYNE JOHNSON -:1
Pursuant to Chapter 205.08.03.D,(3), , of -the Friell-ey-City Code -to reduce the
rear yard setback from 3 feet to 1 foot; and pursuant to Chapter 205.08.03.D,(2),(b),
of the Fridley City Code to reduce the side yard setback from 5 feet to 3 feet to
allow the construction of a 20 ft. by 40 ft. garage on Lots 25 and 26, Block 5,
Hyde Park Addition, the same being 6051 - 3rd Street N.E.
MO'T'ION by Mr. Sherek, seconded by Ms. Savage, to open the public hearing.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BARNA DECLARED THE PUBLIC HEARING
OPEN AT 7:34 P.M.
Chairperson Barna read the Administrative Staff Report:
•
APPEALS CCXOMSSION MEETING, MAY 10, 1988 PAGE 2
ATMIN797RATIVE STAFF REFIT
6051 - 3rd Street N. E.
VAR #88-06
A. PUBLIC PURPOSE SERVED BY RDQUIRE1VU:
Section 205.08.03.D, (3), (b) requires that detached accessory buildings
may not be built less than 3 feet from any lot line in the rear yard not
adjacent to the street.
Public purpose served by this requirement is to provide space between
individual structures to reduce conflagration of fire, to reduce the
chance of encroachment into adjacent properties, and to limit the
condition of crowding in the residential neighborhood.
Section 205.08.03.D, (2), (b), requires a side yard setback of 5 feet
between a detached accessory building or use and a side property line.
Public purpose served by this requiremet is to provide space between
individual structures to reduce conflagration of fire, to reduce the
chance of encroachment into adjacent properties, and to limit the
condition of crowding in the residential neighborhood.
B. STATED HARDSHIP:
"I am requesting this variance to build my garage as close to the rear
and side lot line to allow better drainage away from the house, make roan
for a second parking space in front of garage #3, and to make driving
into garage #3 more accessible. On the survey, you will notice that the
garage will be partially behind the house, and the driveway will need to
be placed toward the building. Maximum space will allow me to better
drain the water away from the garage and house. I cannot afford a water
problem in the lower living quarters.
C. ADMINISTRATIVE STAFF REVIEW:
The petitioner is in the process of going through a vacation request. It
has had its first reading and by agreement of MnDOT, the total 12 feet
will be deeded to Mr. Johnson. The City is maintaining the 12 feet for
utility and drainage easement purposes.
Mr. Johnson wants to build one foot off the new property lire established
after the vacation which will be 9 feet west of the highway fence.
Because the new garage will be 11 feet into the easement, proper
encroachment releases have been granted by the utility companies, and the
drainage easement will also be resolved by City Council by resolution at
the time of the second reading of the vacation ordinance.
If the Commission approves these requests, it should be stipulated that
it is contingent upon the vacation and the stipulations being placed on
the vacation approval.
V
v
APPEALS COMMISSION MEETING, MAY 10, 1988 PAGE 3
Mr. Clark stated the petitioner was proposing to place a garage in the rear yard
of Lots 25 and 26 in Hyde Park. The alley at the rear of the property was being
considered for an alley vacation. The garage would be placed partially into the
vacated alley, 1 foot off the rear property line and 3 feet off the north property
line. The reason the petitioner wants to place the garage in this location is so
the garage will not be so close to the house and so there will be room to make the
swing in the driveway into a third stall and still have room for parking another
car in front of the 3rd garage stall if necessary.
Mr. Clark stated that, as noted in the staff report, Mr. Johnson was going through
the vacation process. The City has received encroachment notices from all the
utility companies and has had approval from the Engineering Department for the
drainage encroachment. The vacation will be considered at City Council for the
second reading of the ordinance on May 16. With the vacation proceedings, there
were eight stipulations. He had a copy of these stipulations for the Commission's
information.
Mr. Clark stated this garage structure could be placed 3 ft. off the north property
line on a single family, R-1 lot, without a variance. He stated the highway fence
to the rear would be 9 ft. from the back of the proposed garage, and,as he under-
stood it, the petitioner has agreed to plant score landscaping in that area to help
screen the garage frcan the highway. The garage does back up to the highway right-
of-way.
Mr. Clark stated the City has a letter on file from MnDOT indicating they will
deed the vacated portico to the City and the City will deed that vacated portion
to Mr. Johnson, so he will, in fact, get all 12 feet of the vacation.
Mr. Johnson stated the City of Fridley requires that he have 6 parking stalls.
In order for him to have 6 parking stalls, he has to have 3 stalls in the garage
area and 3 stalls in front of the garage. The farther back he can put the garage
and the farther to the north he can go will give him room to make the driveway
turn into the garage and still allow for the parking stall in front of the 3rd
garage stall. He stated it was going to be pretty close as it was right now,
because the driveway was only going to be about 3-4 feet away from the house.
The way the back of the yard was fairly open, he did not feel the location of the
garage would interfere with the neighboring property or the State Highway Depart-
ment.
epartment. He stated he felt his main hardship was positioning the garage in order to
fulfill the City's requirement for 2 parking stalls per dwelling unit.
Ms. Savage asked Mr. Johnson to better explain his hardship when he stated:
Maximtun space will allow me to better drain the water away from the garage and
house."
Mr. Johnson stated if he had to be real close to the house, because the driveway
is typically slanted away from the garage, that would mean the water would run
towards the house. He stated he needs more area between the house and the drive-
way that is ground space which will allow for the water to be disbursed more
evenly. Even with the normal drainage from the roof, he has had moisture in
the lower half of the house.
•
•
APPEALS COMMISSION MEETING, MAY 10, 1988 PAGE 4
Dr. Vos asked if Mr. Johnson had considered turning the garage, putting it in the
lower southwest corner, and facing the garage doors to the north, similar to
what the property owners had done just to the north.
Mr. Johnson stated that would present the same problem --either way he wanted to
keep the garage away from the house as much as possible, plus the cost would be
prohibitive to put in that much blacktop or cement. He thought when the garage
to the north was built, it was built with the anticipation that the alley would
go through. He stated it would have solved a lot of problems if the City of
Fridley had put the alley through.
Mr. Richard Anderson stated he was the owner of 6061 - 3rd Street N.E., the
property to the north. He stated Mr. Johnson had approached him a year ago about
putting a driveway in right next Mr. Johnson's, which would have created the
water drainage problem that Mr. Johnson has discussed with the City. He stated
he had pictures of the elevations of both properties, and pictures of the water
problems he has right now. He stated if the garage and driveway were closer to
his property, he would not have proper drainage. The more green space he can put
between the two driveways, the better off he felt he would be.
Mr. Anderson stated he had no objection to the garage as proposed by Mr. Johnson.
It would certainly beautify the property, but he could not live with the water
problems it would create.
Mr. Johnson stated it was his intention to tie in the elevation so there would
not be a drainage problem onto Mr. Anderson's property. At the time Mr. Anderson
was proposing to put in his driveway last year, Mr. Johnson had suggested they
coordinate the two driveways together so a joint driveway would be at the same
level with scm type of drainage built into the driveway going toward the back of
the properties. Mr. Anderson chose not to do that. Mr. Anderson's driveway
does come up to meet his property, so the water does drain onto Mr. Anderson's
property. He stated he did not want to cause any drainage problems onto Mr.
Anderson's property, and that was the reason for his suggestion to Mr. Anderson
last year. He stated that because he was concerned about the drainage, he was
planning to lower the area where the garage would be placed so the water would
drain off at the back of the property away from Mr. Anderson's property and
his own house.
Mr. Jahn Early, 6041 - 3rd Street N.E., stated he was in favor of the garage
as proposed by Mr. Johnson as it would eliminate the traffic through their back
yards on that portion of the alley.
Mr. Anderson stated he was also in favor of the garage. He was just very con-
cerned about the drainage. He would prefer to have the 5 ft. setback, rather
than the 3 ft. sideyard setback, but would be willing to go along with the 3 ft.
setback as long as the drainage problems could be worked out satisfactorily.
Ms. Savage asked if there was any way to build the garage without the sideyard
variance.
U
APPEALS COMISSION MEETING, MAY 10, 1988 PAGE 5
Mr. Johnson stated he could build the garage without the sideyard variance if
the City did not approve the variance, but he had explained that the reason he
needed the garage to be over and back as far as possible was because of the
difficulty in making the driveway curve and still have room for the stall in
front of the 3rd garage stall.
MOTION by Dr. Vos, seconded by Ms. Savage, to close the public hearing.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BARNA DEC ARS THE PUBLIC
HEARING CLOSED AT 8:10 P.M.
Dr. Vos stated he thought any garage would be an improvement to the property,
both for the owners of the property as well as the tenants. He could see where
there was a water problem, and he would like a stipulation that the variance
would be contingent upon the drainage problem being solved between the two
property owners. He stated he was in favor of the 1 ft. variance in the rear,
as the garage would be quite a way from University Avenue, and there would be
score screening put in. On the north side, he would rather have green space
than have everything blacktopped, so he would be in favor of the 3 ft. sideyard
variance also.
Ms. Savage stated she agreed with Dr. Vos--that there be a stipulation that
the drainage problem be worked out between Mr. Johnson and Mr. Anderson. It
was clear a garage was needed. It also appeared that the hardship has been
indicated for the placement of the garage, so she would be in favor of the
variances as requested.
Mr. Sherek stated he also agreed with Dr. Vos and Ms. Savage. He felt this was
a very workable plan.
Mr. Barna stated he agreed also. He would like to see the drainage worked out
between the two property owners, probably getting same help from the City.
Ms. Nancy Anderson stated she would also be concerned about the fact that
Mr. Johnson had the potential for 6 cars coming in and going out onto 3rd Street,
but he had no backup space for the cars to turn around and so the cars would have
to back up onto 3rd Street. This brought up safety concerns.
Mr. Johnson stated he agreed with Ms. Anderson. He stated he was concerned
about a backup space. He stated he was going to try to put in a backup area,
but at this time he had not done a lot of work on the plans and had not gone to
any greater expense than was necessary until he knew if the vacation and variance
would be approved.
MOTION by Dr. Vos, seconded by Ms.Savage, to approve
variance request, VAR #88-06, Pursuant to Chapter 205.08.03.D,(3),(b), of
the Fridley City Code to reduce the rear yard setback from 3 feet to 1 foot; and
pursuant to Chapter 205.08.03.D,(2),(b), of the Fridley City Code to reduce the
side yard setback from 5 feet to 3 feet to allow the construction of a 20 ft. by
40 ft. garage on Lots 25 and 26, Block 5, Hyde Park Addition, the same being
6051 - 3rd Street N.E., with the following stipulations:
N
APPEALS commISSION MEETING, MAY 10, 1988 PAGE 6
1. Drainage between the two properties, 6061 3rd Street and 6051 3rd
Street to be worked out to the mutual satisfaction of both property
owners and the City Engineering Department.
2. The variance to be contingent upon the approval of the vacation and
the stipulations placed on the vacation approval.
UPON A VOICE VOTE, ALL VO'T'ING AYE, CWURPERSON BARNA DECLARED THE MOTION
CARRIED UNANIMOUSLY.
2. CONSIDERATION OFJ VARIANCE M UEST, VAR #88-07, BY ROBERT
Pursuant to Chapte 205.07.03.D,(2),(c),(1), of the Fridley Code to
reduce the side yar setback from 17 1/2 feet to 12 feet to low the wn-
struction of an addi 'on; and pursuant to Chapter 205.04.06 A,(3), of the
Fridley City Code to duce the side yard setback from 14 /2 feet to +/-
10 feet to allow the co truction of a deck on Lot 1, B1 1, Meloland Gardens,
the same being 6045 Gard Lane N. E.
MM7ICN by Mr. Sherek, se d by Ms. Savage, t;7r'
the public hearing.
UPON A VOICE VOTE, ALL VOTI , CHAIRPERSONECLARED THE PUBLIC HEARING
OPEN AT 8:25 P.M.
Chairperson Barna read the AdminiNtrative Staff Report:
6045N.E.
VAR #8 07
A. PUBLIC PURPOSE SERVED BY REQUIRMOU:
Section 205.07.03.D, (2) , (c) , (y, requirea side yard width on a street
side of a corner lot to not 16 less than 7 1/2 feet.
Public purpos/sby
y 's requirement i to maintain a higher degree
of traffic vian to reduce the "lin of sight" encroachment into
the neighbor'd.
Section 205.0), requires that decks may of extend more than 3
feet into any side yard.
Public purposy this requirement is to main ain a higher degree
of traffic viand to reduce the "line of sick encroachm�.nt into
the neighbor'ard.
B. STATED HARDOHIP:
"To add jVedroom and bath for elderly widowed aunt who needsrivacy from
rest o fanfLly. "
i
0 Item Jyky 108' 1988
Y !1 1. 6 A 41
�'� •�
6051 - 3rd Street N. E.
VAR #88-06
A. PUBLIC PURPOSE SERVED BY REQUIREMENT:
Section 205.08.03.D, (3), (b) requires that detached accessory buildings
may not be built less than 3 feet from any lot line in the rear yard not
adjacent to the street.
Public purpose served by this requirement is to provide space between
individual structures to reduce conflagration of fire, to reduce the
chance of encroachment into adjacent properties, and to limit the
condition of crowding in the residential neighborhood.
Section 205.08.03.D, (2), (b), requires a side yard setback of 5 feet
between a detached accessory building or use and a side property line.
Public purpose served by this requiremet is to provide space between
individual structures to reduce conflagration of fire, to reduce the
chance of encroachment into adjacent properties, and to limit the
condition of crowding in the residential neighborhood.
B. STATED HARESHIPz
"I am requesting this variance to build my garage as close to the rear
and side lot line to allow better drainage away from the house, make roan
for a second parking space in front of garage #3, and to make driving
into garage #3 more accessible. On the survey, you will notice that the
garage will be partially behind the house, and the driveway will need to
be placed toward the building. Maximum space will allow me to better
drain the water away from the garage and house. I cannot afford a water
problem in the lower living quarters.
C. ADMINTS2MIVE STAFF REVIEW:
The petitioner is in the process of going through a vacation request. It
has had its first reading and by agreement of MnDOT, the total 12 feet
will be deeded to Mr. Johnson. The City is maintaining the 12 feet for
utility and drainage easement purposes.
Mr. Johnson wants to build one foot cff the new property line established
after the vacation which will be 9 feet west of the highway fence.
Because the new garage will be 11 feet into the easement, proper
encroachment releases have been granted by the utility companies,and will
also be resolved by City Council by resolution the drainage easement at
the time of second reading of the vacation ordinance.
If the Commission approves these requests, it should be stipulated that
it is contingent upon the vacation and the stipulations being placed on
the vacation approval.
PUBLIC TEARING
BEEORE THE •
APPEALS ODMMI+SS ION
Notice is hereby given that the Appeals Commission of the City of Fridley
will conduct a Public Tearing in the City Council Chambers at 6431 University
Avenue Northeast at 7: 30 p. m. on Tuesday, May 10, 1988, for the purpose of:
Consideration of a variance request, VAR #88-061 by Wayne
Johnson, pursuant to Chapter 205.08.03, D, ( 3) , (b), of the
Fridley City Code to reduce the rear yard setback f ram 3 feet
to 1 foot; and pursuant to Chapter 205.08.03. D. (2), (b), to
reduce the side yard setback f ran 5 feet to 3 feet to allow
the construction of a 20 ft. by 40 ft. garage on Lots 25 and
26, Block 5, Hyde Park Addition, the same being 6051 - 3rd
Street 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.
. Q .:)hl MINA&1141�
Note: The Appeals Commission will have the final action on this request,
unless there are objections frau surrounding neighbors, the City Staff, or
the petitioner does not agree with the Commission's decision. If any of
these events occur, the request will continue to the City Council through the
Planning Commission with only a recommendation f ran the Appeals Commission.
Any questions related to this item may be referred to the Fridley Community
Development Department, 571-3450.
MAILING LIST
VAR #88-06
Wayne Johnson
Wayne Johnson
11610 - 53rd Avenue N.
Minneapolis, Mn. 55442
City (bunci l members
Mayor Nee
City Manager
Chairperson of Appeals Consni.ssion
Michael Pestello
6011 - 3rd Street N.E.
Fridley, MSV 55432
Carl M. Reed
6017 - 3rd Street N.E.
Fridley, MV 55432
David Henrikson
6031 - 3rd Street N.E.
Fridley, MV 55432
John A. Earley
6041 - 3rd Street N.E.
Fridley, MSV 55432
Resident
6053 - 3rd Street N.E.
Fridley, MV 55432
Resident
6055 - 3rd Street N.E.
Fridley, MN 55432
Davide C. Curry
5125 E. Twin Lakes Boulevard
Brooklyn Center, MV 55420
Resident
6063 3rd Street N.E.
Fridley, MV 55432
Resident
6061 - 3rd Street N.E.
Fridley, MV 55432
Jeram A. Dold
6110 Star Lane N.E.
Fridley, MQ 55432
Resident
6073 - 3rd Street N.E.
Fridley, My 55432
Appeals 4/29/88
Joe F. Henson
270 - 61st Avenue N.E.
Fridley, MQ 55432
Ernest Erovick
6070 - 3rd Street N.E.
Fridley, MN 55432
Peter M. Hegna
6060 - 3rd Street N.E.
Fridley, M 55432
Thomas M. Johnson
6050 - 3rd Street N.E.
Fridley, M 55432
Wallace G. Gregerson
6040 - 3rd Street N.E.
Fridley, MSV 55432
Margaret Skomra
6030 - 3rd Street N.E.
Fridley, MN 55432
Harry J. Theroux
6020 - 3rd Street N.E.
Fridley, MV 55432
Wolf Affais
6015 2 1/2.Street N.E.
Fridley, MQ 55432
Gerald A. Onasch
6025 - 2 1/2 Street N.E.
Fridley, My 55432
David P. Keller
6035 - 2 1/2 Street N.E.
Fridley, MV 55432
Hazel M. Bergeron/C. Bergero
6045 - 2 1/2 Street N.E.
Fridley, M 55432
Assad A. Awaijane
6055 2 1/2 Street N.E.
Fridley, M 55432
Cynthia Bergman
6055 - 2 1/2 Street N.E.
Fridley, M 55432
•
Eugene G. Bayard
260 - 61st Avenue N.E.
Fridley, MV 55432
Zayre Opticians.
6061 University Avenue N.E.
Fridley, MLS 55432
Kim Il Keun
6061 University Avenue N.E.
Fridley, M 55432
Karate School
6061 University Avenue N.E.
Fridley, MQ 55432
•
Mailing ast 4/29/88
VAR #88-06
Wayne Johnson page 2
eam CITY OF FRIDLEY
V IM 643 4 U NWERS17Y AV*E.
FRIDLEY. MN $5432
(612) 671-3460
/7
VARIAN REQUEST FORM
VARIANCE #
VARIANCE FEE _00-00 RECEIPT #, AZA YO
PROPERTY INFORMATION SCHEDULED APPEALS MEETING DATE 5-16,f?
PROPERTY ADDRESS `P 0 t5) — �� M -
LEGAL DESCRIPTION: HyAe
LOT a5 V9k BLOCK TRACT/ADDITION _PCS ri�/_ ,
PRESENT ZONING
VARIANCE REQUEST(S): Attach a plat or survey of the property showing building,
variance(s), where ap licable.V1 to.
�oo
�rom3r� e, r eA r o i- eAsl
10,0 to
Section of the Code:
List specific hardship(s),which require the variance(s):
S
FEE OWNER INFORMATION
NAME ( please print) ` ® o SO PHONE 55 q 0, 3
V—
ADDRESS � I 1 `cJ I S 3 - e- 7 G�
SIGNATURE DATE s 7- 3
Note to ".j.roce nj
PETITIONER INFORMATION
NAME (please print) �® PHONE 557 1o?300A�
ADDRESS l (�lD - S 3 YL Ave, ko
SIGNATURE
APPEALS COMISSION: APPROVED DENIED DATE
CITY COUNCIL: APPROVED DENIED DATE
STIPULATIONS:
DATE
• •
M �
W
5. VARIANCES
A. Appeals Coymission.
Zile City Council created an Appeals Canmission to serve as the
board of appeals and adjustment, and to exercise all the
authority and perform all functions of said board pursuant to
Minnesota Statute Sections 462.351 to 462.364 and operate
according to the Fridley City Code.
B. Petition By Owner.
(1) Appeals from Decisions on Code Enforcement: At any
time within thirty (30) days, any property owner who feels
aggrieved by an alleged error in any order, requirement,
decision or determination made by an administrative off icer
in the enforcement of this Chapter which affects the owner's
property, may appeal to the Appeals Canmission by filing a
written appeal with the City. The appeal shall fully state
the order appealed from, the facts of the matter and the
mailing address of the owner.
(2) Request for Variances �f�e strictChapter
licationProvisions:
the
A property owner may apps PP
provisions of this Chapter where there are practical
difficulties or particular hardships preventing the strict
application of the regulations of this Chapter. An
application for a variance shall be filed with the City and
shall
practiscalte e exceptional difficulties claimed asta basis ions dfor eapvarieciar and
ance
P
C. Recommendations By Appeals Coaanission.
Within thirty (30) days after filing an appeal from an
administrative order or determination, or request for variance
from City Code provisions the Appeals Commission shall hold a
public hearing thereon and shall hear such persons as want to be
heard. Notice of such hearing shall be mailed not less.than ten
(10) days before the date of hearing to the person or persons
who file the appeals, and to all adjacent property owners within
a 200 foot distance of the requested variance location. Within
a reasonable time, after the hearing, the Appeals Commission
shall make its recommendations or approvals subject to
conditions of the Fridley City Code and forward a copy of such
recommendation or approval to the City Council through the
Planning Com- fission.
D. Variances In R-1 Zoning.
(1) In areas zoned R-1 (One Family Dwelling District), the
Appeals Conudssion has the authority to grant final approval
of variances when all of the following conditions are met:
(a) There is unanimous agreement of the Appeals
Conimission.
(b) The staff concurs with the reoommendations of the
Appeals Commission.
(c) The general public attending the meeting or
responding to the notice of public hearing have no
objection.
(d) The petitioner is in agreement with the
recommendation.
911-C ,
90
(2) When the above conditions are not met, the variance
request must be reviewed by the Planning Commission with
final approval by the City Council.
E. Record Of Action Taken.
%fie Appeals Commission shall provide for a written record of its
proceedings which shall include the minutes of its meeting, its
findings and the recommendation or approval of each matter heard
by it. The finding of fact shall contain the following:
(1) The public policy which is served by requirement.
(2) The practical difficulties or unique circumstance of
the property that cause undue hardship in the strict
application of the requirement.
(3) In recommending or approving a variance, the Comumission
and/or Council may impose conditions to ensure compliance
and to protect adjacent properties.
F. Action By 7he City Council.
%fie Council shall at its next regular meeting, after receiving
the recommendation of the Appeals Commission, with a policy
review by the Planning Corunission, decide on the action to be
taken.
G. Lapse Of Variance By Non-use.
If work as permitted by a 'variance is not commenced within one
year and completed within two years after granting of a
variance, then the variance shall become null and void unless a
petition for extension of time in which to complete the work has
been granted by the City Council. Such extension shall be
requested in writing and filed with the City at least twenty
(20) days before the expiration of the original variance. The
request for extension shall state facts showing a good faith
attempt to complete the work permitted in the variance. Such
petition shall be presented to the appropriate body for review
and/or decision. w
City of Fridley
6431 University Ave. N. E.
Fridley, Mn. 55432
April 7, 1988
Appeals Commission:
•
Wayne A. Johnson
11610 -53rd Ave. N.
Plymouth, Mn. 55442
I am requesting this variance to build my garage as close to the
rear and side lot line to allow better drainage away from the house,
make room for a second parking space in front of garage # 3, and to
make driving into garage # 3 more accessible. On the survey, you will
notice that the garage will be partially behind the house, and the
driveway will need to be placed toward the building. Maximum space
will allow me to better drain the water away from the garage and house.
I cannot afford a water problem in the lower living quarters.
Sincerely,
Wayne A. Johnson
VAR #88-06
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