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VAR 93-17G7YOF FRIDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 • (612) 571-3450 • FAX (612) 571-1287 APPEALS COMMISSION ACTION TAKEN NOTICE July 28, 1993 Vern and Deloris Bandel 5980 - 6th Street N.E. Fridley, MN 55432 Dear Mr. and Mrs. Bandel: On July 27, 1993, the Fridley Appeals Commission officially approved your request for a variance, VAR #93-17, to reduce the setback of an accessory structure facing the side street from 25 feet to 17.5 feet to allow the relocation of an existing garage in the rear yard, located on Lot 1, Block 4, Bonny Addition, the same being 5980 - 6th Street N.E., with the following stipulations: 1. The petitioner shall provide a hard surface driveway by July 1, 1994. 2. The petitioner shall replace the existing curb cut and remove the existing driveway. Please review and sign the Action Taken Letter below and submit one copy to the Planning Department by August 9, 1993. You have one year from the date of the Appeals Commission action to initiate construction. If you cannot begin construction in time, you must submit a letter requesting an extension at least three (3) weeks prior to the expiration date. If you have any questions regarding the above action or the need for an extension,. please call the Planning Department at 571-3450. Sincerely, Michele McPherson Planning Assistant MM:ls '460< Concu i action tak n o COMMISSION APPLICATION REVIEW APPEALS FILENUMBER FILE DATE MEETING DATE FILE DESCRIPTION VAR. #93-17 CITYOF 3 77-7-93 7-27-93 5980 - kh St. N.E. FRIDLEY COMPLETE REVIEW CHECKLIST AND RETURN TO PLANNING DEPT. D. VL SCOTT E. ,? e)'.i JqJOHN F.�� TOM 8.7o LEON M. -)-1,3 H. COMMENTS (�"�Cs �, c.� �•. e� � ,�,� � w • c. vim` � ��� �,er � v-1. n 0 0 REQUEST Permit Number Applicant Proposed Request Location SITE DATA Size Density Present Zoning Present Land Use(s) Adjacent Zoning Adjacent Land Use(s) Utilities Park Dedication Watershed District ANALYSIS Financial Implications Conformance to the Comprehensive Plan Compatibility with Adjacent Zoning and Uses Environmental Considerations RECOMMENDATION Staff Appeals Commission Planning Commission Author Mm:ls STAFF REPORT Community Development Department Appeals Commission Date July 27, -993 Planning Commission Date City Council Date VAR #93-17 Vern and Deloris Bandel To reduce the side yard -setback for a detached accessory structure facing the corner side from 25 feet to 17.5 feet 5980 - 6th Street N.E. 10,929 square feet R-1, Single Fardly Dwelling Residential R-1, Single Family Dwelling, on all sides Residential on all sides Rice Creek Staff Report VAR #93-17, 5980 - 6th Street N.E., Vern and Deloris Bardet Page 1 "Am moving garage to rear of lot; wish to have 17 1/2 foot setback as at present." The petitioners request that the side yard setback on a corner lot for a detached accessory structure be reduced from 25 feet to 17.5 feet. The request is for Lot 1, Block 4, Bonny Addition, generally addressed as 5980 - 6th Street N.E. Site Located on the subject parcel is a single family dwelling unit with a detached two -car garage. The subject property is located in the southwest corner of the intersection of 60th Avenue and 6th Street. The property is zoned R-1, Single Family Dwelling, as are all surrourxling parcels. Analysis Section 205.07.03.D. (2) . (c) . ((3)) requires that any attached or unattached accessory building which opens on the side street shall be at least 25 feet from the property line of a 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. The petitioners are proposing to relocate the existing garage in order to provide adequate room to construct a porch off the rear of the dwelling unit. The existing garage is located 17.5 feet from the property line. The petitioners has requested to reduce the required setback from 25 feet to 17.5 feet to maintain the existing setback in the new location. There is adequate room on the subject parol to locate the garage at the required setback; however, granting the variance would not adversely affect the property to the west and would be consistent with similar previously granted variance requests. If the Cama ssion votes to approve the variance request as presented, the following stipulations should apply: 1. The petitioner shall provide a hard surface driveway by July 1, 1994. 2. The petitioner shall replace the existing curb cut and remove the existing driveway. J " N ME SEC. 23, T. 30, R. 24 C/TY OF FRIDLEY 21 I N//4 CORNER SfC. �- LOCATION MAP ZONING MAP • PUBLIC HEARING BEFORE THE APPEALS COMMISSION • Notice is hereby given that the Appeals Commission of the City of Fridley will conduct a Public Hearing at the Fridley Municipal Center at 6431 University Avenue N.E. on Tuesday, July 27, 1993, at 7:30 p.m. for the purpose of: Consideration of variance request, VAR #93-17, by Vern and Deloris Bandel: Per Section 205.07.03.D.2.(c).((3)) of the Fridley Zoning Code, to reduce the setback of an accessory structure facing the side street from 25 feet to 17.5 feet, to allow the relocation of an existing garage in the rear yard, located on Lot 1, Block 4, Bonny Addition, the same being 5980 - 6th 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. DIANE SAVAGE CHAIRPERSON APPEALS COMMISSION Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than July 20, 1993. WI CITY OF FRIDLEY p 6431 UNIVERSITY AVENUE N.E. FRIDLEY, MN 55432 (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT VARIANCE APPLICATION FORM PROPERTY INFORMATION - site plan required for submittal; see attached Address: -1::2SO SZ-, /IO Property Identification Number (PIN) 30 , ® 011,65,-139 Legal description: -/— 0 t- -1 O j®G l v-4 0 y n ri 1 4.dd '*1 Lot BlockTract/Addition B 0m m Current zoning: �� SI DZ-Aj--A4 4- Square footage/acreage �� L7,7. 2 S-2 Reason for variance and hardshi : - vera c.� �' fol Wish -to �� '� ��ra =14X exon of City�o ! Have you operated a business in a city which required a business license? Yes No X If yes, which city? If yes, what type of business? Was that license ever d hied or evoked? Yes No �e I Coli . FEE OWNER INFORMATION (as it appears on the property title) (Contract Purchasers: Fee Owners must sign this form prior to processing) NAME__&M 0-4-L 4 Di40R, 5 /q w 41V2:;"eF-r e -- ADDRESS -6-980 LQ �S! as /?lz!F- P'& d P� X` N -/U � _ya �, DAYTIME PHONE' 7/ - SIGNATURE DATE a7 -7 r --- PETITIONER INFORMATION NAME �,,L& — ADDRESS e% -s SIGNATURE DAYTIME PHONE .6' 71 _ ef® DATE -7 -- I --&? -3 Fee. $100.00 $ 60.00 for residential properties Permit VAR # P Receipt # oZ� Application received by: Scheduled Appeals Commission date: Scheduled City Council date: CITY OF FRIDLEY PLAN REVIEW CHECKLIST Applicants for vacations must submit the legal description of the B. site Plan: parcel (easement, street, etc.) to be vacated. 1. Property line dimensions, location of all existing and Complete site p plans, signed by a registered architect, civil engineer, landscape proposed structures with distance from boundaries, distance between structures, building dimensions and architect, or other design professional, to include the following: floor elevations A. General: 2. Grading and drainage plan showing existing natural features (topography, wetlands, vegetation, etc.) as well 1. Name and address of project as proposed grade elevations and sedimentation and storm water retention ponds. Calculations for storm water 2. Legal description (certificate of survey may be required) detention/retention areas. 3. Name, address, and telephone number of applicant, 3. All existing and proposed points of egress/ingress showing widths of property lines, turning radii abutting engineer, and owner of record rights-of-way with indicated center line, paving width, 4. Date proposed, north arrow, scale, number of sheets, name existing and proposed median cuts, and intersections of streets and driveways of drawer 5. Description of intended use of site, buildings, and 4. Vehicular circulation system showing location and dimensions for all driveways, parking spaces, parking lot structures including type of occupancy and estimated occupancy load aisles, service roads, loading' areas, fire lanes, emergency access (if necessary), public and private 6. Existing zoning and land use streets, alleys, sidewalks, bike paths, direction of traffic flow, and traffic -control devices 7. Tabulation box indicating: 5. Landscaping Plan (i) Size of parcel in sq. ft. 6. Location, access, and screening detail of trash (ii) Gross floor area of buildings enclosures (iii) Percent of site covered by building 7. Location and screening detail of rooftop equipment (iv) Percent of site covered by impervious ous surface S. Building elevations from all directions (v) Percent of site covered by green area 9• Utility pian identifying size and direction of existing water and sewer lines, fire hydrants, distance of (vi) Projected number of employees hydrant to proposed building (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 C� • e VAR- #93-17, 5980.- 6th, Street N.E. MAILING LIST Mailed 7/16/93 Vern and Deloris Bandel 5980-.6th.Street N.E. Fridley, MN 55432 'Ilhomas Carter 5957 6th. Street N.E. Fridley, MN 55.432 Raymond Wildman 5965 -- 6th. Street N.E. Fridley, MV 55432 John Gerard 59.73 6th Street N.E. Fridley, MN 55432 Shereen Turin 5981 -.6th. Street -N..E. Fridley, MV 55432 Philip Dierling 5972 - 5th. Street N.E. Fridley, My 55432 Archie Lahti.. 5964 -- 5th. Street N.E. Fridley, MN 55432 Michael Perreten 5980 -• 5th. Street N.E. Fridley, MV 55-432 'Theodore Bergstrom 5964 7th_Street N.E. Fridley, M 55432 Vernon Nygaard 5957 •.5th: Street N.E. Fridley, MN 55432 John Casserly 5965 5th. Street N.E. Fridley, MN ' 55432 David Pinks, 59.73 - 5th Street N. E . Fridley, 'm 55432 James Johnson 5981.- 5th..Street N.E. Fridley, MV 1 55432 Kenneth, Johnson 5980 7th Street -N- E. Fridley, MN - 55432 Kenneth. Peterson 5972 -- 7th, Street N.E. Fridley, MV 55432 Donald Olson 5972 - 6th -Street N.B. Fridley, MV 55432 John Ward 5956 - 6th.: Street N.E. Fridley, MN 55432 Steven Haynes 6020 -6th Street N.E. Fridley, MN 55432 Stanley Musial 455 - 60th Avenue N.E. Fridley, MV 55432 Dean Weigel 6000-* 6th. Street N.E. Fridley, MN 55432 Lorraine Iaquinto 6005 - 5th Street N.E. Fridley, MQ 55432 Bernice Weller 6011 5th. Street N.E. Fridley, MV 55432 Arlo Schweikert 6000' 7th Street N.E. Fridley, NN 55432 Sheldon Borud 6001 .: 6th Street N.E. Fridley, MV 55432 Lyle Linnell Oxville Pautsch Leslie Coleman 5976 5th Street N.E. 5964 6th -Street' -N. E. 6011 --6th. Street N.E. Fridley, MN 55432 Fridley, MN 55432Fridley, MQ 55432 Diane Savage 567 Rice Creek Terrace Fridley, MQ 55432 City Council City Manager SY 4, 0 C-4-7-74%) x -o T ®cam Jaf 90 f /Y% ''1 • • APPEALS COMMISSION MEETING JIILY 27 1993 PAGE 5 Ms. McPherson stated that whil three requests are being processed, they are not dependent upon e h other. The variance request can be approved separately witho any condition of approving the replat or the rezoning. Ms. McPherson stated that if approval of the variance req stipulation: Commission chooses to recommend staff recommends the following 1. That portion of the driv way encroaching on the property to the west shall be emoved and vegetative cover established by July 1, 19 4. Mr. Oliver Tam stated he is in faor of having these existing encroachments legally corrected. He tated he has no objection to the stipulation regarding the drivewa . MOTION by Ms. Beaulieu, seconded by D . Vos, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING C BED AT 7:55 P.M. MOTION by Ms. Beaulieu, seconded by Dr. s, to recommend to City Council approval of variance request, VAR #93-16, by Oliver Tam, per Section 205.15.03.C.(3) of the Fridle Zoning Code, to reduce the rear yard setback from 40 feet to 26. feet; and per Section 205.15.03.C.(4) of the Fridley Zoning -Code, to reduce the setback from a residential district from 50 feet to 20.4 feet; to correct existing encroachments for the restaurant gen rally located at 1160 Fireside Drive N.E. (Tam's Rice Bowl). UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON\GAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. McPherson stated this variance will go to dauncil at the same time as the replat and rezoning requests. \ 3. Per Section 205.07.03.D.2.(c).((3)) of the Fridley Zoning Code, to reduce the setback of an accessory structure facing the side street from 25 feet to 17.5 feet, to allow the relocation of an existing garage in the rear yard, located on Lot 1, Block 4, Bonny Addition, the same being 5980 - 6th Street N.E. MOTION by Ms. Beaulieu, seconded by Dr. Vos, to waive the reading of the public hearing notice and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:58 P.M. APPEALS COMMISSION MEETING, JULY 27, 1993 PAGE _6 Ms. McPherson stated the property is located at the intersection of 60th Avenue and 6th Street. The property is zoned R-1, Single Family Dwelling as are all adjacent properties. Ms. McPherson stated that located on the property is a single family dwelling unit and a detached two -car garage. The petitioners are proposing to add a porch to the rear of the dwelling unit, and they need to move the existing garage as it would be too close to the proposed addition. Ms. McPherson stated the existing garage is located 17.5 feet from the side property line. There is adequate room for the petitioners to meet the 25 foot setback; however, if the variance is granted, it would not adversely impact the property to the west nor obstruct any vision safety zones or sight lines. Ms. McPherson stated that if the Commission chooses to approve this variance, staff recommends the following two stipulations: 1. The petitioners shall provide a hard surface driveway by July 1, 1994. 2. The petitioners shall replace the existing curb cut and remove the existing driveway. Dr. Vos stated that in looking at the aerial photo, it appears that almost all the garages along 60th Avenue are at the 17.5 foot setback. Mr. Bandel stated that they are very restricted on the size of the addition if they do not move the garage because of the eaves on the garage and on the addition. Also, any windows would face the garage. They decided that moving the garage would make a nicer setting for the addition and the garage. Mr. Bandel stated he has talked to three of his immediate neighbors, and they have no objection to his moving the garage. He stated the neighbor immediately to the west has a mature high lilac hedge across the back of his property which extends farther out to the street than the garages. He stated he just wants to retain the same setback that he has for his existing garage. MOTION by Dr. Vos, seconded by Ms. Beaulieu, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:03 P.M. Dr. Vos stated - this somewhat of an existing condition. The petitioner is not proposing to move the garage any closer to the street. It is essentially a parallel move in the rear yard. He stated there really is not a hardship, but he believed the spirit of the code is being met by retaining the 17.5 foot setback. • APPEALS COMMISSION MEETING, JULY 27, 1993 PAGE 7 Ms. Savage stated she agreed. Moving the garage would not impact the adjacent neighbors. The garage to the west appears to be at the same 17.5 foot setback. She stated she would be in favor of approving the variance. Ms. Beaulieu stated that since most of the garages in the neighborhood appear to be at the same setback, she could see no reason not to approve this variance. MOTION by Dr. Vos, seconded by Ms. Beaulieu, to approve variance request, VAR #93-17, by Vern and Deloris Bandel, per Section 205.07.03.D.2.(c).((3)) of the Fridley Zoning Code, to reduce the setback of an accessory structure facing the side street from 25 feet to 17.5 feet, to allow the relocation of an existing garage in the rear yard, located on Lot 1, Block 4, Bonny Addition, the same being 5980 - 6th Street N.E., with the following stipulations: 1. The petitioner shall provide a hard surface driveway by July 1, 1994. 2. The petitioner shall replace the existing curb cut and remove the existing driveway. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. LAURA INGEBRIGTSEN:� Per Section 205.07.03.(1) of the Fridley Zoning Code, to reduce the front yard s tback from 35 feet to 31.3 feet; MOTION by Dr. Vos, seconded b Ms. Beaulieu, to waive the reading of the public hearing notice a d open the public hearing. UPON A VOICE VOTE, ALL VOTING A , CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY AND PUBLIC HEARING OPEN AT 8:05 P.M. Ms. McPherson stated the prope is located on West Moore Lake Drive and abuts Moore Lake on the ortheast. The property is zoned R-1, Single Family Dwelling, as a e all adjacent properties. Ms. McPherson stated that located on the property is a single family dwelling as well as a deta hed single car garage. The existing garage is located at the 2.3 side yard setback. The petitioners are proposing an extens ve addition to the existing single family dwelling. The petitio ers are proposing to remove the existing garage and construct a ne two -car garage attached to the dwelling unit, as well as a stora a area to the rear of the garage. Ms. McPherson stated the petitioners are requesting a reduction in the front yard setback in order to p ovide room to install a required service entry door into the arage. They are also 5980 Sixth Street N. E. Fridley, MN 55432-5529 June 14,1994 City of Fridley 6431 University Ave N. E. Fridley, MN 55432 Attn: Scott Erickson I was granted a variance last fall (VAR #93-17) on the side yard setback requirement for moving my garage to a new location. In that document, I was given until July first to remove the old driveway and replace the curb. I plan to start construction on a new addition on the back of the house in the next month or so, and would like to delay the curb work until perhaps September, after were through with heavy machinery working in the yard. In our telephone conversation this afternoon, it sounded as if this would be looked on as a reasonable request. Thank you for that. Cj, &lam! Sincerely, ��. Vern Bandel r��`ILi Pr•i'� alr