VAR 98-37CITY OF
FRIDLEY
FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 • (612) 571-3450 • FAX (612) 571-1287
CITY COUNCIL
ACTION TAKEN NOTICE
January 11, 1999
Bruce Bogie
Merchants Maintenance & Construction
P. O. Box 49963
Biaine, MN 55449
Dear Mr. Bogie:
On January 4, 1999, the Fridley City Council officially approved your request for a variance, VAR #98-
37, as follows:
1. To increase the maximum lot coverage of the main building and all accessory buildings from
30% to 32%;
2. To decrease the north side yard setback from 15 feet to 13 feet;
3. To decrease the setback from the alley from 15 feet to 5 feet 9 inches;
On January 4, 1999, the Fridley City Council officially denied your request for a variance, VAR #98-
37, as follows:
1. To decrease the driveway width from 25 feet to 23 feet;
To allow the construction of an 8 -unit apartment building on Lots 22, 23, 24, 25, Block 11, Hamilton's
Addition to Mechanicsville, generally located at 5427 4' Street N.E.
You have one year from the date of the City Council action to initiate construction. If you cannot
begin construction during this time, you must submit a letter requesting an extension at least three
weeks prior to the expiration date.
If you have any questions regarding the above action, please call me at 572-3599.
Hickok
ing Coordinator
Please review the above action, sign below, and return the original to the City of Fridley Planning
Department by January 25, 1999.
SH:Is Concur with action taken
I
Councilmember Billings stated kat he personally would not have an issue with the third portion of
the variance request; however, hk felt that the height issue was one of great concern.
MOTION by Councilmember Billigs to approve that portion of Variance #98-34, to locate a sign
on entry driveway, which will requ a that sign is within 10 feet of driveway and/or property line.
Seconded by Councilmember Wolfe
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR PRO TEM
BARNETTE DECLARED THEM TION CARRIED UNANIMOUSLY.
MOTION by Councilmember Bolkcom o deny those portions of Variance #98-34, which would
increase the height of a sign from 25 feet to 50 feet and increase the size of a sign from 80 square
feet to 200 square feet. Seconded by Cou cilmember Billings (for discussion only).
Councilmember Billings stated that this property was a somewhat unique site, but he could not
support a motion to deny both of these porti , ns of the variance request.
Councilmember Bolkcom felt that perhaps \Council should instruct staff to meet with the
petitioner to look at some type of compromisin size between 80 square feet and 200 square feet.
Councilmember Billings stated that he would
consider raising the allowable height to 35 feet.
alternatives to the 25 foot height requirement by r
how high a sign would need to be in order to pr(
agreeable, this item could be tabled; however, an
necessary by both parties.
fir to keep the size at 80 square feet and
Perhaps the petitioner could further examine
ving a sign company assist him in determining
ie adequate visibility. If the petitioner were
tdreement for a sixty-day extension would be
Mr. Pelstring stated that a sixty-day extension would bk acceptable.
Councilmember Bolkcom asked to withdraw her motion`
Councilmember Billings withdrew his second.
MOTION by Councilmember Billings to table consideratio of a portion of Variance #98-34 to
increase the size of a sign from 80 square feet to 200 squa a feet and to increase the maximum
height of a sign from 25 feet to 50 feet, in order to ascertai the necessary information to fully
examine and study the request, and to extend the review ei iod for City Council action an
additional sixty days and to notify the petitioner in writing of he sixty-day extension as soon as
possible. Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL MEMBERS VOTING �YE, MAYOR PRO TEM
BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY.
25.
COVERAGE OF THE MAIN BUILDING AND ALL ACCESSORY BUILDNGS
FROM 30 PERCENT TO 32 PERCENT: TO DECREASE THE DRIVE WIDTH
FROM 25 FEET TO 23 FEET; AND TO DECREASE THE SETBACK FROM
F
THE ALLEY FROM 15 FEET TO 5 FEET, NINE INCHESE. TO ALLOW THE
CONSTRUCTION OF AN EIGHT -UNIT APARTMENT BUILDING,
GENERALLY LOCATED AT 5427 FOURTH STREET N.E. (WARD 3):
Mr. Hickok, Planning Coordinator, explained that Mr. Bruce Bogie requested a variance to
increase the maximum lot coverage of the main building and all accessory buildings from 30
percent to 32 percent; to decrease the drive width from 25 feet to 23 feet; and to decrease the
setback from the alley from 15 feet to 5 feet 9 inches to allow the construction of an eight -unit
apartment building at property located at 5427 Fourth Street. Staff recommended that the
petitioner move the proposed main building two feet to the north to eliminate the need for the
variance for the driveway width, which would decrease the side yard setback from 15 feet to 13
feet.
Mr. Hickok presented a photograph of the site. There was a single family home on the property;
however the property is currently vacant. Mr. Hickok read the petitioner's hardship statement.
He noted that staff tried to work with the petitioner to scale back the size of the building to
eliminate the need for variances. Because of the owner's desire to use slab on grade construction
and make the units accessible, options to scale back the size of the development are very limited.
Staff suggested to the petitioner that he reduce the number of units; however, the petitioner felt
the current layout was the more desirable to the owners and prospective tenants. Additionally,
staff would like the entire building to be moved two feet to the north, which would require a
sideyard setback from 15 feet to 13 feet, but would allow the property to meet the required
driveway width of 25 feet thus eliminating the need for that variance request.
Mr. Hickok noted that staff received a telephone call from the resident north of the proposed
apartment building who voiced concerns about granting any of the requested variances. The
caller also voiced an opposition to moving the building two feet to the north. The neighborhood
was notified of the proposal to provide them with an opportunity to speak on this issue if they
wished to do so.
MOTION by Councilmember Billings to concur with the recommendations of the Appeals
Commission, approving the variance of the sideyard setback from 15 feet to 13 feet, the decrease
in the alley setback from 15 feet to 5 feet 9 inches, and the increase in the lot size from 30 percent
to 32 percent, and to further concur with the recommendation to deny that portion of Variance
Request #98-37 to decrease the drive width from 25 feet to 23 feet. Seconded by Councilmember
Bolkcom.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR PRO TEM
BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY.
26.
PROJECT:
Mr. Dave Sallman, Public Safety Director, explaine that the current Fridley Police Department
computerized system was purchased in 1980. Aoproximately five years ago, staff began
investigating the option of replacing the system at a co of approximately $275,000; however, a
G7YOF
FRIDLEY
FRIDLEY MUNICIPAL CENTER - 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 - (612) 571-3450 - FAX (612) 571-1287
Date: 12/29/98
To: Fridley Residents Owning Property Within 350' of 5427 4" Street
From:Barbara Dacy, Community Development Director
Scott Hickok, Planning Coordinator
Paul Bolin, Planning Assistant
RE: Changes to VAR #98-37
INTRODUCTION
C-98-254
The City of Fridley has been asked, by Bruce Bogie, to grant a variance to increase
the maximum lot coverage of the main building and all accessory buildings from
30% to 32%; to decrease the drive width from 25 feet to 23 feet; and to decrease
the setback from the alley from 15 feet to 5 feet 9 inches to allow the construction
of an 8 -unit apartment building at 5427 4th Street.. Staff made a recommendation
that the petitioner move the main building two feet to the north to eliminate the
need for the variance for the driveway width. This would require a variance to
decrease the side yard setback from 15 feet to 13 feet.
APPEALS COMMISSION ACTION
At the December 23, 1998 Appeals Commission meeting, a public hearing was held
for VAR #98-37. The following is the motion and vote of the Appeals Commission:
MOTION by Dr. Vos, seconded by Ms. Mau, to recommend approval of Variance
Request, VAR #98-37, by Merchants Maintenance & Construction to increase the
maximum lot coverage of the main building and all accessory buildings from 30%
to 32% to allow the construction of an 8 -unit apartment building on Lots 22-25,
Block 11, Hamilton's Addition to Mechanicsville, generally located at 5427 4th
Street.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE
DECLARED THE MOTION CARRIED UNANIMOUSLY.
10.45 AM
0 Memorandum 0
MOTION by Ms. Beaulieu, seconded by Ms. Mau, to recommend denial of
Variance Request, VAR #98-37, by Merchants Maintenance & Construction to
decrease the driveway width from 25 feet to 23 feet to allow the construction of an
8 -unit apartment building on Lots 22-25, Block 11, Hamilton's Addition to
Mechanicsville, generally located at 5427 4th Street.
UPON A VOICE VOTE, WITH MS. BEAULIEU, MS. MAU, AND MR. KUECHLE
VOTING AYE, AND DR. VOS VOTING NAY, CHAIRPERSON KUECHLE
DECLARED THE MOTION CARRIED BY MAJORITY VOTE.
MOTION by Ms. Beaulieu, seconded by Ms. Mau, to recommend approval of a
variance to reduce the side yard setback from 15 feet to 13 feet to allow the
construction of an 8 -unit apartment building on Lots 22-25, Block 11, Hamilton's
Addition to Mechanicsville, generally located at 5427 4th Street.
UPON A VOICE VOTE, WITH MS. BEAULIEU, MS. MAU AND MR. KUECHLE
VOTING AYE, AND DR. VOS VOTING NAY, CHAIRPERSON KUECHLE
DECLARED THE MOTION CARRIED BY MAJORITY VOTE.
MOTION by Ms. Mau, seconded by Dr. Vos, to recommend approval of Variance
Request, VAR #98-37, by Merchants Maintenance & Construction, to decrease the
setback from the alley from 15 feet to 5 feet 9 inches, to allow the construction of
an 8 -unit apartment building on Lots 22-25, Block 11, Hamilton's Addition to
Mechanicsville, generally located at 5427 4th Street.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE
DECLARED THE MOTION CARRIED UNANIMOUSLY.
PLANNING STAFF RECOMMENDATION
City Staff recommends that the City Council concur with the Appeals Commission
and grant Variance 98-37 as presented.
The City Council will be acting on this variance request January 4, 1999 at
7:30 P.M. in the City Hall Council Chambers. You are welcome to attend this
meeting to voice your support or concerns for the variance request. If you
have questions or comments regarding this variance, please call Paul Bolin at
572-3593.
10:45 AM
MEMORANDUM
PLANNING DIVISION
Date: 12/24/98
To: William Bums, City Manager, �j
From: Barbara Dacy, Community Development Director
Scott Hickok, Planning Coordinator
Paul Bolin, Planning Assistant
RE: Appeals Commission action on VAR #98-37 M-98-255
INTRODUCTION
The City of Fridley has been asked, by Bruce Bogie, to grant a variance to increase
the maximum lot coverage of the main building and all accessory buildings from
30% to 32%; to decrease the drive width from 25 feet to 23 feet; and to decrease
the setback from the alley from 15 feet to 5 feet 9 inches to allow the construction
of an 8 -unit apartment building on Lots 22-25, Block 11, Hamilton's Addition to
Mechanicsville, generally located at 5427 4th Street. Staff made a
recommendation that the petitioner move the main building two feet to the. north to
eliminate the need for the variance for the driveway width. This would require a
variance to decrease the side yard setback from 15 feet to 13 feet.
APPEALS COMMISSION ACTION
At the December 23, 1998 Appeals Commission meeting, a public hearing was held
for VAR #98-37. The following is the motion and vote of the Appeals Commission:
MOTION by Dr. Vos, seconded by Ms. Mau, to recommend approval of Variance
Request, VAR #98-37, by Merchants Maintenance & Construction to increase the
maximum lot coverage of the main building and all accessory buildings from 30%
to 32% to allow the construction of an 8 -unit apartment building on Lots 22-25,
Block 11, Hamilton's Addition to Mechanicsville, generally located at 5427 4th
Street.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE
DECLARED THE MOTION CARRIED UNANIMOUSLY.
9.23 AM 25.01
0 Memorandum 0
MOTION by Ms. Beaulieu, seconded by Ms. Mau, to recommend denial of
Variance Request, VAR #98-37, by Merchants Maintenance & Construction to
decrease the driveway width from 25 feet to 23 feet to allow the construction of an
8 -unit apartment building on Lots 22-25, Block 11, Hamilton's Addition to
Mechanicsville, generally located at 5427 4th Street.
UPON A VOICE VOTE, WITH MS. BEAULIEU, MS. MAU, AND MR. KUECHLE
VOTING AYE, AND DR. VOS VOTING NAY, CHAIRPERSON KUECHLE
DECLARED THE MOTION CARRIED BY MAJORITY VOTE.
MOTION by Ms. Beaulieu, seconded by Ms. Mau, to recommend approval of a
variance to reduce the side yard setback from 15 feet to 13 feet to allow the
construction of an 8 -unit apartment building on Lots 22-25, Block 11, Hamilton's
Addition to Mechanicsville, generally located at 5427 4th Street.
UPON A VOICE VOTE, WITH MS. BEAULIEU, MS. MAU AND MR. KUECHLE
VOTING AYE, AND DR. VOS VOTING NAY, CHAIRPERSON KUECHLE
DECLARED THE MOTION CARRIED BY MAJORITY VOTE.
MOTION by Ms. Mau, seconded by Dr. Vos, to recommend approval of Variance
Request, VAR #98-37, by Merchants Maintenance & Construction, to decrease the
setback from the alley from 15 feet to 5 feet 9 inches, to allow the construction of
an 8 -unit apartment building on Lots 22-25, Block 11, Hamilton's Addition to
Mechanicsville, generally located at 5427 4th Street.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE
DECLARED THE MOTION CARRIED UNANIMOUSLY.
PLANNING STAFF RECOMMENDATION
City Staff recommends that the City Council concur with the Appeals Commission
and grant Variance 98-37 as presented.
Attachments
9:23 AM
25.02
•
•
APPEALS COMMISSION MEETING, DECEMBER 23, 1998
PAGE 3
Mr. Hickok stated he believed the building inspector came upon the construction as it was
happening, looked at it, and tlae structure looks to be adequate.
Dr. Vos stated he noted that thk survey that was shown does not reflect the existing
building that is on the footprint. 4 also shows a single stall garage 43 feet from the house.
A three -stall garage currently exi is near the house.
Mr. Hickok stated the survey shows one that was in the address file from August, 1976.
They have built athree-stall garage ince the site plan was prepared.
Ms. Beaulieu stated she had no problikn with the request. It looks like the petitioner
needs to get to the patio. It sounds lik he could not go either right or left without
interfering with the basement windows.
Ms. Mau agreed. She did not see that the\petitioner had much of a choice.
MOTION by Ms. Beaulieu, seconded by Ms. Mau, to approve Variance Request, VAR
#98-36, by David and Leanne Skjervold, to. resthe allowable encroachment into the
side yard of a comer lot from 3 feet to 5 feet 1 inches to allow the construction of an
open deck and steps on Lot 4, Block 3, Rice C ek Terrace Plat 6, generally located at
6875 Washington Street.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED
THE MOTION CARRIED UNANIMOUSLY.
Mr. Kuechle asked for clarification of what triggers th requirements for a building permit.
Was it the fact that it was a step or was it the fact that \# encroached?
Mr. Hickok stated it is a complicated series of things tha�
permit. Something like this with a platform and railings w
the railing is adequate and the footings are adequate. TI
building department. Some small projects may not need
fee is nominal, and it gives the owner the satisfaction of I
done correctly, the required elements are in place, the ra
requirements, etc.
causes the need for a building
uld need inspection to see that
safest thing to do is call the
a building permit. If they do, the
,n6yving the footings have been
ilincks meet the code
Per Section 205.09.03.0 of the Fridley Zoning Code, to increase the maximum lot
coverage of the main building and all accessory buildings from 30% to 32%;
Per Section 205.09.05.D.(4).(b) of the Fridley Zoning Code, to decrease the drive
width from 25 feet to 23 feet;
Per Section 205.09.05.D.(5).(c) of the Fridley Zoning Code, to decrease the
setback from the alley from 15 feet to 5 feet 9 inches;
APPEALS COMMISSION MEETING, DECEMBER 23, 1998 PAGE 4
To allow the construction of an 8 -unit apartment building on'Lots 22-25, Block 11,
Hamilton's Addition to Mechanicsville, generally located at 5427 4th Street.
MOTION by Ms. Beaulieu, seconded by Dr. Vos, to waive the reading of the public
hearing notice and to open the public hearing.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED
THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:43 P.M.
Mr. Bolin stated the petitioners, Ms. Irene Vasecka and Mr. Bruce Bogie, are requesting
three variances: (1) to increase the maximum lot coverage from 30% to 32%; (2) to
decrease the driveway width from 25 feet to 23 feet; and (3) to reduce the parking
setback from the alley from 15 feet to 5 feet 9 inches to construct an eight -unit apartment
building at 5427 4th Street. Code requires the lot coverage not to exceed 30%; driveway
width is to be a minimum of 25 feet; and the setback from an alley is to be no closer than
15 feet.
Mr. Bolin stated the property is zoned R-3, Multiple Family. The properties surrounding
this property are also zoned R-3; however, to the north and to the south are single family
homes. There was a home on this site until recently. It is now vacant and ready for
redevelopment.
Mr. Bolin stated there were no past variances given for this property. Recently, the land
has been vacant and has been zoned R-3.
Mr. Bolin stated the petitioners' hardship statement indicates: "To develop named
property to fullest potential as multi -family dwelling in keeping with building code
requirements and property owners wishes. The proposed plan selected by the owners is
an 8 -unit rental building, conservatively designed, with four lower units ground level
accessible, separate garages, one stall per apartment. Consideration for existing lot
elevations, surrounding properties, dwellings and accessibility factors have been our
prime concern in the design of the proposed building and garage plan. The plan design
calls for slab on grade construction to allow the main floor level to be most accessible -
this plan does not have any areas of basement storage included. The elevations of the
property drop from East to West as shown on the proposed plot cross section. The
elevation of the existing alley above the property requires additional drainage
considerations to alleviate run off as shown in the cross section of the building plan. The
8 -unit design is also the most beneficial in regards to financial return and revenue
generation. The plan selected by the owners has been arranged to accommodate the
needs of the elderly tenants and individuals who are lesser abled. The intention of the
owners is to occupy three of the units themselves. We have considered various other
arrangements and designs and have concluded that the proposed plan is the most
effective. We believe that acceptance of this variance will have no adverse effect or
inconvenience to any of the adjacent properties. We kindly request your indulgence to
grant this request for a variance."
•
0
APPEALS COMMISSION MEETING, DECEMBER 23, 1998 PAGE 5
Mr. Bolin stated staff has worked with the petitioners to twice scale back the size of the
project in order to try to make it work without any variances. Because the new owners
desire to use slab on grade construction to make the units accessible, options to scale
back the size of the development are very limited. Staff suggested at one point that the
petitioner trim the number of units down to six and make two of the units three-bedroom
units. The petitioner felt that the current layout is the most desirable to the owners and to
prospective tenants.
Mr. Bolin stated staff also proposed to move the main building two feet to the north to
eliminate the need for the variance for the driveway width. This would require a variance
to decrease the side yard setback from 15 feet to 13 feet.
Mr. Bolin stated staff did a lot of research going back to 1986 and could not find similar
variances that had been granted. They could not find any instances where variances of
this type have been requested in R-3 districts. Decreasing the footprint of the building
would also take away some of that accessibility. The elevation of the alley does place
constraints on the property. One would not be able to go down to a one-way driveway
because of the retaining wall that is along the alley. Two of the variances are necessary
to provide garage stalls for all of the units. The eight -units of market rate accessible
housing would fit in well with the City's needs.
Mr. Bolin showed a picture of the retaining wall along the back edge of the property. The
wall is about four blocks high. It would be very difficult to put a one-way driveway through
because of the wall.
Mr. Bolin stated that staff recommends approval of the variances to increase the lot
coverage and to decrease the setback from the alley. Staff would like to suggest that,
rather than approve the variance for the narrower driveway width, they would rather see
the building moved two feet to the north. Staff noted that a 23 -foot driveway width would
not be very safe with the number of people coming in and out of the garages. Staff noted
the two extra feet in the driveway for safety reasons was more important that two feet in
the side yard setback.
Mr. Kuechle asked the petitioner if he had anything to add to the staff report.
Mr. Bogie stated that he had no additional comments. To clarify the alley situation, they
are asking for a setback off the alley from 15 feet to 5 feet 9 inches which would be in
keeping with the drainage plan on the east side of the property so that the runoff from the
building would go into the parking area. The retaining wall has been a problem. The
parking lot at the building to the east is one stall deep and those residents often hit the
fence. By moving the retaining wall back to six feet and putting the fence back six feet
further should alleviate that problem.
Mr. Kuechle stated he noticed on the building drawing that the driveway width is 24 feet
but the variance is asking to 23 feet.
APPEALS COMMISSION MEETING, DECEMBER 23, 1998 PAGE 6
Mr. Bogie stated the driveway width at the curb cut is 24 feet. Further up between the
building and the garages they are asking for 23 feet.
Mr. Hickok stated the drawing shows 24 feet for the driveway where it comes out to the
street. Going east on the illustration where the sidewalk is located next to the building
and where the garages are located on the south property line is where the dimension
shows 25 feet. As staff has suggested, there are two different plans that have been
submitted by the petitioner. One is asking for a 23 -foot drive aisle initially. After
discussing with staff their preferences, staff asked they also draw a site plan with a 25 -
foot drive aisle with the building moved two feet to the north. The one included in the
packet shows the 25 -foot drive aisle but a reduced 13 -foot setback to the north.
Mr. Kuechle asked the petitioner for his response to the request to move the building two
feet.
Mr. Bogie stated he had no problem in doing that. It would be a good solution.
Dr. Vos stated the variance request for the drive aisle is from the garage to the parking
stall. He understands the reason for the garages is because the tenants in the 8-plex will
put their cars in the garage. Parking is available for 11 other spaces. The probability of
having all of the garages filled and all 11 stalls filled would be pretty rare. This is an
imaginary line which is not from building to building but from building to parking stall.
Mr. Bogie stated that if those stalls are filled, 23 feet does require a little maneuvering to
get between the parked car and the entrance to the garage. It can be done but it is tight.
Dr. Vos stated he also understands there is no way you can access the alley to the
property because of the height difference.
Mr. Bogie stated that is the main problem. If it was accessed, they would have to get to
the garages at an angle. Then, there is also the drainage issue. It does slope to the
south.
Dr. Vos stated there was a statement from the homeowner to the north at 5645 4th
Street. This should be the single family dwelling to the north. The homeowner at that
location was concerned about moving the building two feet to the north. He was opposed
to the variance requested on the original request. He would assume this is the only
communication with the homeowner.
Mr. Hickok stated that is correct. This communication was received after staff talked with
the petitioner about a reduced side yard setback to the north.
MOTION by Ms. Mau, seconded by Dr. Vos, to close the public hearing.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED
THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:58 P.M.
APPEALS COMMISSION MEETING, DECEMBER 23, 1998 PAGE 7
Mr. Kuechle suggested each variance be acted upon separately.
MOTION by Dr. Vos, seconded by Ms. Mau, to recommend approval of Variance
Request, VAR #98-37, by Merchants Maintenance & Construction to increase the
maximum lot coverage of the main building and all accessory buildings from 30% to 32%
to allow the construction of an 8 -unit apartment building on Lots 22-25, Block 11,
Hamilton's Addition to Mechanicsville, generally located at 5427 4th Street.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED
THE MOTION CARRIED UNANIMOUSLY.
MOTION by Ms. Beaulieu, seconded by Ms. Mau, to recommend denial of Variance
Request, VAR #98-37, by Merchants Maintenance & Construction to decrease the
driveway width from 25 feet to 23 feet to allow the construction of an 8 -unit apartment
building on Lots 22-25, Block 11, Hamilton's Addition to Mechanicsville, generally located
at 5427 4th Street.
UPON A VOICE VOTE, WITH MS. BEAULIEU, MS. MAU, AND MR. KUECHLE
VOTING AYE, AND DR. VOS VOTING NAY, CHAIRPERSON KUECHLE DECLARED
THE MOTION CARRIED BY MAJORITY VOTE.
MOTION by Ms. Beaulieu, seconded by Ms. Mau, to recommend approval of a variance
to reduce the side yard setback from 15 feet to 13 feet to allow the construction of an 8 -
unit apartment building on Lots 22-25, Block 11, Hamilton's Addition to Mechanicsville,
generally located at 5427 4th Street.
UPON A VOICE VOTE, BEAULIEU, MAU, KUECHLE VOTING AYE, AND VOS
VOTING NAY, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED BY
MAJORITY VOTE.
Dr. Vos stated he would explain why he is voting against the motion. This is moving a
building that is 63 feet long two feet closer to a single family dwelling. He thought it was
because someone cannot drive out of a driveway accurately. He would rather see a car
get a ding than have a resident look at this building for the rest of his/her life.
MOTION by Ms. Mau, seconded by Dr. Vos, to recommend approval of Variance
Request, VAR #98-37, by Merchants Maintenance & Construction, to decrease the
setback from the alley from 15 feet to 5 feet 9 inches, to allow the construction of an 8 -
unit apartment building on Lots 22-25, Block 11, Hamilton's Addition to Mechanicsville,
generally located at 5427 4th Street.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED
THE MOTION CARRIED UNANIMOUSLY.
Mr. Bolin stated the City Council would consider this request on January 4, 1999.
�J
City of Fridley Land Use Application
VAR -98-37 December 23, 1998
GENERAL INFORMATION SPECIAL INFORMATION
Applicant:
Bruce Bogie
Merchants Maintenance & Const.
PO Box 49963
Blaine, MN 55449
Requested Action:
Variance
Purpose:
Construct 8 -Unit Apartment.
Existing Zoning:
Residential - 3
Location:
5427 4h. Street NE
Size:
20,880 square feet .48 acres
Existing Land Use:
Vacant
Surrounding Land Use & Zoning:
N: Single Family & R-3
E: Multi -Family & R-3
S: Multi -Family & R-3
W: Multi -Family & R-3
Comprehensive
Plan Conformance:
Consistent with Plan
Zoning
Ordinance Conformance:
Sec. 205.09.03.C: Max. lot coverage of
30%. Sec. 205.09.03.D.(4).(b):
Driveway width of 25'. Sec.
205.09.05.D.(5).(c): Alley setback of
15'.
Zoning History:
Land has been vacant, zoned R-3
Legal Description of Property:
Lot 22-25, Block 11, Hamilton's
Addition to Mechanicsville
Council Action:
1/4/99
Public Utilities:
Water and sewer are available at the site.
Transportation:
Site will be accessed by 4' Street.
Physical Characteristics:
Vacant, covered with grass, oak trees.
Lot is approximately 3' lower than alley.
SUMMARY OF PROJECT
Petitioner is requesting a variance to increase
maximum lot coverage from 30% to 32%; to
decrease driveway width from 25' to 23'; and
reduce parking setback from alley, from 15' to
5'9" to allow the construction of an 8 -unit
apartment building.
SUMMARY OF HARDSHIP
"We have considered various other
arrangements and designs and have concluded
that the proposed plan is the most effective, we
believe that acceptance of this variance will
have no adverse effect or inconvenience to any
of the adjacent properties."
SUMMARY OF ANALYSIS
City Staff recommends approval of variance.
No similar variances have been granted in the
past in R-3 Zoning Districts. Staff worked with
petitioner to assist with the development of their
project without variances. After scaling the
project back twice, it was felt that the current
arrangement is the best for an 8 unit building.
All of the setback variances requested, are
necessary for the petitioner to provide a garage
stall for each unit. Planning Staff believes the
extra storage spaces provided by the garages
will help this complex keep it's neat appearance
and not detract from the surrounding
neighborhood.
Staff Report Prepared by: Paul Bolin
VAR -98-37
HARDSHIP STATEMENT
`To develop named property to fullest potential as multi -family dwelling in keeping with
building code requirements, and property owners wishes. The proposed plan selected
by the owners is an 8 -unit rental building, conservatively designed, with 4 lower units
ground level accessible, separate garages, one stall per apartment.
Consideration for existing lot elevations, surrounding properties, dwellings and
accessibility factors have been our prime concern in the design of the proposed
building, and garage plan. The plan design calls for slab on grade construction, to
allow the main floor level to be most accessible - this plan does not have any areas of
basement storage included. The elevations of the property drop from East to West as
shown on proposed plot cross section. The elevation of the existing alley above the
property requires additional drainage considerations to alleviate runoff as shown in
cross section of building plan. The 8 -unit design is also the most beneficial in regards
to financial return and revenue generation.
The plan selected by the owners, has been arranged to accommodate the needs of
elderly tenants and individuals who are lesser abled. The intention of the owners is to
occupy three of the units themselves.
We have considered various other arrangements and designs and have concluded that
the proposed plan is the most effective, we believe that acceptance of this variance will
have no adverse effector inconvenience to any of the adjacent properties. We kindly
request your indulgence to grant this request for variance."
-Irene Vasecka & Bruce Bogie
ANALYSIS
Sec. 205.09.03.0 of the zoning code allows a maximum lot coverage of 30%. Sec.
205.09.05.D.(4).(b) of the code requires a driveway width of 25'. Sec.
205.09.05.D.(5).(c) of the code requires a setback of at least 15' from an alley.
Petitioner is requesting a variance to increase maximum lot coverage from 30% to 32%;
to decrease the driveway width from 25' to 23'; and reduce parking setback from alley,
from 15' to 57 to allow the construction of an 8 -unit apartment building.
Planning Staff worked with the petitioner to twice scale back the size of the project in
order to make it work without any variances. Staff feels that the current living area of
the units is as small as it can be without being too small. At one point, staff suggested
that the petitioner trim the number of units to 6, and make two of the units 3 -bedroom
units. The petitioner feels that the current layout is the most desirable to the owners
and prospective tenants.
Because of the owners desire to use slab on grade construction and make the units
accessible, options to scale back the size of the development are very limited. One
option, proposed by Staff, would be to move the entire building 2' to the north. A
variance to decrease the sideyard setback from 15' to 13' would be required by zoning
code Sec. 205.09.03.D.(2).(a). This variance would allow the property to meet the
required driveway width of 25', eliminating that portion of this variance request.
RECOMMENDATIONS
City Staff recommends approval of this variance.
Staff studied past variances dating back to 1986, and found no similar variances had
been granted in the past in R-3 Zoning Districts. It also appeared that no similar
requests had been made in R-3 Zoning Districts.
Because of the owners desire to use slab on grade construction and make the units
accessible, options to scale back the size of the development are very limited. The
wider hallways, wider doors, larger bathrooms, and lack of stairs make these units very
accessible. Decreasing the footprint of the building would take away the accessibility of
the units.
The elevations of the property are also a constraint to developing the site in
accordance to the zoning code. The elevation of the existing alley, approximately 3'
above the petitioners property, places additional constraints on the property.
Planning Staff believes the setbacks requested are also necessary for the petitioner to
provide a garage stall for each unit. The extra storage space provided by the garages
will help this complex keep a neat appearance and not detract from the surrounding
neighborhood.
The 8 units of market rate, accessible, rental housing will be a welcome addition to
Fridley's housing stock.
FRIMERCHAAS
DM MnirrrENnivcE &
CONSTRUCTION
781-8083
December 14, 1998
SLicensed & Insured
General Contractor
Hardship Statement/Variance Request
OBJECTIVE: 5427 - 4th Street NE
P.O. Box 49963
Blaine, MN 55449
To develop named property to fullest potential as multi -family dwelling in keeping with the
building code requirements, and property owners wishes. The proposed plan selected by the
owners is an 8 -unit rental building, conservatively designed, with 4 lower units ground level
accessible, separate garages, one stall per apartment.
Consideration for existing lot elevations, surrounding properties, dwellings and accessibility
factors have been our prime concern in the design of the proposed building, and garage plan. The
plan design calls for slab on grade construction, to allow the main floor level to be most accessible
- this plan does not have any areas of basement storage included. The elevations of the property
drop from East to West as shown on proposed plot cross section. The elevation of the existing
alley above the property requires additional drainage considerations to alleviate runoff as shown in
cross section of building plan. The 8 - unit design is also the most beneficial in regards to
financial return and revenue generation.
The plan selected by the owners, has been arranged to accommodate the needs of elderly
tenants and individuals who are lesser abled. The intention of the owners is to occupy three of the
units themselves.
We have considered various other arrangements and designs and have concluded that the
proposed plan is the most effective, we believe that acceptance of this variance will have no
adverse effect or inconvenience to any of the adjacent properties. We kindly request your
indulgence to grant this request for variance.
Sincerely, ?
Property Owners
Merchants, Maintenance &Construction
• Variance Request: To accept addition 2% over allowable 30% lot coverage.
• To reduce North side yard setback from 15' to 13' - allowing building shift to accommodate
parking - drive distance requirements.
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VASECKA APARTMENTS
PROJECT NARRATIVE
•
The site is located at 5427 Fourth Street Northeast. The 2 story, slab on grade building will have
2 one bedroom apartments and 6 two bedroom apartments for a total of 8 apartment units. There
are two garage units with a total of 8 stalls located on the site. One garage is for the caretaker of
the property and the other garage is for the rest of the tenants. Surface parking area has 11
parking stalls. The exterior materials for all of the buildings will be vinyl siding, vinyl windows
and asphalt shingle roofs.
The four apartments on the main level will be accessible units. Both of the entry doors will be
locked security doors.
ao City of
Fridley
Community Development Department
Variance Notification
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CITY OF FRIDLEY PUBLIC HEARING NOTICE
BEFORE THE APPEALS COMMISSION
TO:
Property owners within 350 feet of 5427 4t' Street N.E.
CASE NUMBER:
VAR #98-37
APPLICANT:
Bruce Bogie
DBA: Merchants Maintenance & Construction
Petitioner or representative must attend the Appeals Commission meeting.
PURPOSE:
To increase the maximum lot coverage of the main building and
all accessory buildings from 30% to 32%;
To decrease the driveway width from 25 feet to 23 feet;
To decrease the setback from the alley from 15 feet to 5 feet 9
inches;
To allow the construction of an 8 -unit apartment building
LOCATION OF
PROPERTY.
5427 40' Street N.E.
LEGAL
DESCRIPTION:
Lots 22, 23, 24, 25, Block 11, Hamilton's Addition to
Mechanicsville
DATE AND TIME OF
Appeals Commission Meeting:
HEARING:
Wednesday, December 23, 1998, 7:30 p.m.
The Appeals Commission meetings are televised live the night
of the meeting on Channel 35.
PLACE OF HEARING:
Fridley Municipal Center, City Council Chambers,
6431 University Avenue
HOW TO
1. You may attend hearings and testify.
PARTICIPATE:
2. You may send a letter before the hearing to Scott Hickok,
Planning Coordinator, or. Paul Bolin, Planning Assistant, at
6431 University Avenue N.E., Fridley, MN 55432, or fax at
571-1287.
SPECIAL
Hearing impaired persons planning to attend who need an
ACCOMMODATIONS:
interpreter or other persons with disabilities who require
auxiliary aids should contact Roberta Collins at 572-3500 no
later than December 16, 1998.
ANY QUESTIONS:
Contact Scott Hickok, Planning Coordinator, at 572-3599, or
Paul Bolin, Planning Assistant, at 572-3593.
Mailing Date: December 11, 1998
FIEGE DOUGLAS G & KAY M OELLESTAD TODD T & STACEY A WRIGHT EUGENE & DIANE M
11697 LONDON ST NE 13229 ABERDEEN ST NE 15100 STONE RD
BLAINE, MN 55449 BLAINE, MN 55449 WAYZATA, MN 55391
JAIN PANKAJ K & ALKA
3139 INNSBRUCK DR
NEW BRIGHTON, MN 55112
ZIMMERMAN JOYCE L
5380 4TH ST NE
FRIDLEY, MN 55421
CURRENT RESIDENT
5400 5TH ST NE
FRIDLEY, MN 55421
CURRENT RESIDENT
5419 4TH ST NE
FRIDLEY, MN 55421
WESTLING CHARLES V & CATHY M
5422 4TH ST NE
FRIDLEY, MN 55421
L
5428 5TH ST NE
FRIDLEY, MN 55421
KING HARLAN L
5436 5TH ST NE
FRIDLEY, MN 55421
OBANNON PATRICIA A
5455 4TH ST NE
FRIDLEY, MN 55421
CURRENT RESIDENT
5461 4TH ST NE
FRIDLEY, MN 55421
ROSCOE & HARRIET SMITH FAM LTD LISCHALK STEPHEN T & DOREEN
370 NORTH ARM LN 5357 4TH ST NE
MOUND, MN 55364 FRIDLEY, MN 55421
CURRENT RESIDENT KENNEDY MARY ANN V
5384 5TH ST NE 5400 4TH ST NE
FRIDLEY, MN 55421 FRIDLEY, MN 55421
CURRENT RESIDENT THOMAS JEREMY W
5401 4TH ST NE 5410 5TH ST NE
FRIDLEY, MN 55421 FRIDLEY, MN 55421
KURTZ ELROY A CURRENT RESIDENT /U9—)
5420 5TH ST NE 5421 4TH ST NE
FRIDLEY, MN 55421 FRIDLEY, MN 55421
STAVSVICK JAMES M & CAROL A VASECKA IRENE A
5423 4TH ST NE 54CT t Sas n)orv&o-c- ,
FRIDLEY, MN 554218419 c., MN 554 .5Wj3
no
CURRENT RESIDENT JENSON MARK A
5430 5TH ST NE 5435 4TH ST NE
FRIDLEY, MN 55421 FRIDLEY, MN 55421
CURRENT RESIDENT CURRENT RESIDENT
5450 5TH ST NE 5451 5TH ST NE
FRIDLEY, MN 55432 FRIDLEY, MN 55432
HOBSON DEBORAH K BURGUSAIM VIOLET
5457 4TH ST NE 5459 4TH ST NE
FRIDLEY, MN 55432 FRIDLEY, MN 55421
JENSEN JOHN L & ELEANOR M WEATHERLY JAMES
6070 6TH ST NE 8537 BLAISDELL AVE
FRIDLEY, MN 55421 BLOOMINGTON, MN 55420
Bad Address 1
FRIDLEY, MN 0
06ad Address 2
FRIDLEY, MN 0
WKACZIK RICHARD & BEVERLY A
ROUTE 2 BOX 758
AITKIN, MN 56431
CI Y OF
FRIDLEY
FRIDLEY MUNICIPAL CENTER - 6431 UNIVERSITY AVE. N.E. FRIDLEY. MN 55432 - (612) 571-3450 - FAX (612) 571-1287
December 4, 1998
Mr. Bruce Bogie
Merchants Maintenance and Construction
PO BOX 49963
Blaine, MN 55449
Dear Mr. Bogie:
Per Minnesota Statute 15.99, local government units are required to notify land use
applicants within 10 days if their variance applications are complete. We received an
application for a variance on November 25, 1998. This letter serves to inform you that
your application is complete, except for a "statement of hardship".
Your variance application hearing, discussion, and action will take place at the City of
Fridley Appeals Commission Meeting on December 23, 1998 at 7:30 P.M. in the City
Council Chambers at 6431 University Avenue.
If you have any questions regarding this letter or the process, please feel free .to contact
me at 572-3593.
Sincerely,
Paul Bolin
Planning Assistant
PI3
C-98-236
CC: Ms. Irene Vasecka
0 0
4j
CITY OF FRIDLEY
6431 UNIVERSITY AVENUE
FRIDLEY, MN 55432
(612) 571-3450
COMMUNITY DEVELOPMENT DEPARTMENT
VARIANCE APPLICATION FOR:
Residential Commercial/Industrial _ Signs
PROPERTY INFORMATION: - site plW required for submittal, see attached
Address: �5/�7 ll�i t
Property Identification Number:
Legal Description: Lot �7-�, _I Tract/Addition
Current Zoning: Square footage/acreage:
Re on for
nVariance: L� Cie --• A
C ,(' i / i - &24 i7 X) a?%
Have you operated a business in a city which required a business license?
Yes No 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 m st sign this form prior to processing)
NAME: • r erY-6-
ADDRESS: t-�Q* )y1 h Iv .R 6 e S r • X1/2.0
DAYTIME PHONE: Y� 2 $l V/ SIGNATURE/DATE:
PETITIONE NFORMATIO � � � ".jNAME: �� �-, 7D�
ADDRESS: a®o -C - S5
DAYTIME PHONE: -ni- sz0 SIGNATURE/DATE:
"r^riVV.VAIiV/YiV/r/IVVVAr/r/r/rA/NIYArtiV/rN/Y/rArti/rArNA/IVV/r//A//r/rV/VNVNiVMV VVV V/VVVIVVNV
Section of City Code:
FEES
Fee: $100.00 for commercial, industrial, or signs:
Fee: $60.00 for residentiaJ,ppro erties: Receipt #: J16 Received By:
Application Number. yy
Scheduled Appeals Commission Date: I) ]aS M
Scheduled City Council Date:
10 Day Application Complete Notification Date:
60 Day Date:
City. -of Fridley Land Use
Application Process
1 60 Day Agency Action Law I
Application Date Planning Commission Meeting
60 Day Window Starts Recommendation to Council
21-40 Days;
Submit Complete
Application and
Materials
Application Complete
10 Day Notice
Public Hearings:
Variance
Vacations
Lot Splits
Plats
Rezonings
Zoning Amendments
Wetland Replacements
Comprehensive Plan
Special Use Permits
City Council Decision
Approval or Denial
50-60 Days
Approved, Action Taken Letter
i
i
i
i
Public Hearings:
Rezonings
Zoning Amendments
Tabled, 60 More Days
Denied
I]
a a
City Of Community Development Depa
Fridley Variance Notification
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