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VAR 97-11CITY 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 John and Joette Zembal 6821 - 71' Street N.E. Fridley, MN 55432 Dear Mr. and Ms. Zembal: August 12, 1997 On July 28, 1997, the Fridley City Council officially approved your request for a variance, VAR #97-11, to reduce the setback of an attached garage from 4 feet to 3 feet to allow the construction of a 7 foot by 38 foot addition to an existing single car garage on Lot 9, Block 2, Rice Creek Terrace Plat 4, generally located at 6821 - 7' Street N.E. Approval of this variance is contingent upon the following stipulations: 1. The addition shall comply with the Uniform Building and Fire Codes for fire protection requirements. 2. The addition shall be architecturally compatible with the existing dwelling. You have one year from the date of City Council action to initiate construction. If you cannot begin construction in time, you must submit a letter requesting an extension at least three weeks prior to the expiration date. If you We any questions regarding the above action, please call me at 572-3590. Barbara Dacy, Community Development Director BD/dw John and Joette Zembal August 12, 1997 Page 2 Please review the above, sign the statement below and return one copy to the City of Fridley Planning Department by August 269 1 aa7 a-17 • 0 0 0 * 1403110 Iq- 30-aq--12- ool,? ,-,-� STATE OF MINNESOTA ) CITY COUNCIL PROCEEDINGS VARIANCE COUNTY OF ANOKA ) CITY OF FRIDLEY ) In the Matter of: A Variance VAR #97-11 Owner: John and Joette Zembal The above entitled matter came before the City Council of the City of Fridley and was heard on the 28th day of July , 19_gZ, on a petition for a variance pursuant to the City of Fridley's Zoning Ordinance, for the following described property: To reduce the setback of an attached garage from 4 feet to 3 feet to allow the construction of a 7 foot by 38 foot addition to an existing single car garage on Lot 9, Block 2, Rice Creek Terrace Plat 4, generally located at 6821 7th Street N.E. IT IS ORDERED that a variance be granted as upon the following conditions or reasons: Approval with two stipulations. See City Council meeting minutes of July 28, 1997. STATE OF MINNESOTA ) COUNTY OF ANOKA ) CITY OF FRIDLEY ) OFFICE OF THE CITY CLERK I, Debra A. Skogen, City Clerk for the City of Fridley, with and in for said City of Fridley, do hereby certify that I have compared the foregoing copy and Order granting a variance with the original record thereof preserved in my office, and have found the same to be a correct and true transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at the City of Fridley, Minnesota, in the County of Anoka on the 99x-8 day of '19 901 DRAFTED BY: - City of Fridley 6431 University Avenue N.E. • �� °� �3- Fridley, MN 55432 Debra A. Skogen, City Cler J �. ' �' ' (SEAL) Variances are valid for a period of one year following approval and shall be considered void if not used within that period. FRIDLEY CITY COUNCIL MEETING 7 PAGE 7 C ETING OF JULY 28. 199 Karl Foster, 8161 East River Road Mr. Foster addressed Council about /as ail box located on East River Road. He has been informed by Anoka County to Model T mailbox. Therefore, Mr. Foster is requesting input' from the City Councinds to relocate the Model T further back in his yard and put a mannequin inside it to sbute to the postal service. Councilman Billings stated that th issue could be interpreted as outdoor storage; and therefore, it is not prohibited. Secondly, t ' might be a tribute to the U.S. Postal Service, but, at the same time, the reason for the ordi nces are to try to maintain a pleasant atmosphere in the city. Other residents may not apprec' to the tribute. Mayor Jorgenson suggested that Mr. Foster contact Mr. Hickok for additio 1 information regarding ordinances. 11. VARIAP:CE REQUEST BY JOHN AND JOETTE ZEMBAL. TO REDUCE THE SETBACK OF AN ATTACHED GARAGE FROM 4 FEET TO 3 FEET, TO ALLOW THE CONSTRUCTION OF A 7 FOOT X 38 FOOT ADDITION TO AN EXISTING SINGLE CAR GARAGE, GENERALLY LOCATED AT 6821 SEVENTH STREET N.E. (WARD 1): Mr. Hickok, Planning Coordinator, presented the variance request of John and Joette Zembal requesting a variance be granted to reduce the side yard setback of an attached garage from 4 feet to 3 feet. If the variance is granted the petitioners propose to construct a 7 foot by 38 foot addition to their existing single car garage. The property is located on Seventh Street norfh of Mississippi Street which is zoned R-1, Single Family Residential. A single family dwelling was constructed in 1957 with a single attached garage. The code section would typically allow the expansion of both garages to within 4 feet of the common lot line (8 foot total separation). If variances to both properties were granted, the separation could be reduced to 6 feet (3 foot setbacks) creating a "tunnel" between structures. The. Appeals Commission action included comments from two residents who were opposed and = two residEnts who were in favor. The Appeals Commission voted unanimously to approve the request with two stipul#tionns.. (that- the addition comply with uniform building and fire codes requirements and that the addition be architecturally compatible with the existing dwelling.) Staff recommended that Council concur with the Appeals Commission. Councilman Barnette inquired about the nature of the neighbors' objections. Mr. Hickok reported that the neighbors were concerned that the single family character may not be maintained due to the lack of open space between the units; therefore, the neighborhood would take on a different feel. Councilman Billings requested clarification that this variance is a request for one foot. Councilman Billings reported that he drove by the property. In taking into consideration the objections by the neighbor who is one block away from the said property and the maintenance of the surrounding properties, he recommended approving the variance request. FRIDLEY CITY COUNCIL MEETING OF JULY 28, 1997 PAGE 8 MOTION, by Councilman Billings to approve Variance Request, VAR #97-11, with the following stipulations: (1) the addition shall comply with the Uniform Building and Fire Codes for fire protection requirements; and (2) the addition shall be architecturally compatible with the existing dwelling. Seconded by Councilman Barnette. Upon a. voice vote, all voting aye, Mayor Jorgenson declared the motion carred unanimously. 12. RIZIN M, COMMINNITTES DEMONSTRATION PROGRAM: HYDE PARK/57TH A RDS 1 AND Barbara Dacy, Comm pity Development Director, reported on the resolution authorizing application for the Liva a Communities Demonstration Program. The Metropolitan Livable Communities Act provides nds for creative an&inncvative models of compact and efficient development. .Over the las several months Council -ilas discussed the improvement of 57th Avenue in the Hyde Park ne hborhood. This is a good example of mixed land uses with commercial, industrial and mixe densities all in one area. University Avenue is an existing transit corridor with a bus stop at 57th venue and University Avenue. The MCTO is exploring a Park and Ride location near Holiday Pl S. The 57th Avenue reconstruction will address safety and gateway issues. The purpose of th application is to obtain grant funds to "link" all the pieces together, for decorative street lights nd adding landscaping as a visual link. A sidewalk along 57th Avenue and north on Third treet will provide a pedestrian link. Bus stop area improvements to the shelters and land aping will provide a transit link. The people link will incorporate neighborhood designed bann rs. The total requested funds is $252,000 for a grant award. This wotAd save property 'ow ers and the HRA $172;000 for street lights and landscaping. $80,000 would be added for bt eway/walkway, transit and banner improvements. If this is not successful, it would not include the bikeway/walkway, transit or banner improvements. The application deadline is August 8, 199. Staff recommends that Council approve the resolution. Councilwoman Bolkcom asked if it would bind\Council if they approved this resolution. Ms. Dacy stated that the resolution only authorizes st to proceed with the grant application. Councilman Billings inquired as to what the procedure is for a Park and Ride site. Ms. Dacy reported that any MCTO plans would need to be appy ved by Council. Neighborhood input would be requested, and an evaluation would be processed. Councilman Billings suggested that a letter be sent to MCTO along with a copy to Fridley's etropolitan Council representative informing them that the Fridley City Council would like to b included on any long-range plans for a Park and Ride site. Ms. Dacy clarified that the MCT proposal was initiated by that agency. It was included as an information piece to notify the area of the park and ride site activity. It appears that Fridley lacks this facility. Councilwoman Bolkcom inquired about Route 24. She said that her main concern in locating a Park and Ride site near Holiday Plus is that of bringing additional trai to an already busy area. Ms. Dacy reported that Route 24 is the bus route going downtown. ABSTAT 0 Receipt # 445 't 1`j ❑ Certified Copy Date Mailed Date/Time: / I � ZG 1:OD ❑ Tax Liens/ Releases Doc. Order � of ❑ Mufti -Co Doc Tax Pd ./ by: Pins: �. Recordabiiity / Delq��— ❑ Transfer ❑ New Desc. Filing Fees: q . ❑ Division ❑ GAC Well Certificate ❑ Status ❑ Def. Spec Received this Date: Anoka County Recorder ❑ Other Ja NO Change Notes: DOCUMENT N0. 1403270.0 ABSTRACT ANOKA COUNTY MINNESOTA I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS FILED IN THIS OFFICE FOR RECORD ON JAN 26 1999 AT 5:00 PM AN WAS DULY RECORDED. FEES AND TAXES IN THE AMOUNT 0. 19.50 PAID. RECEIPT NO. 1999014459 EDWARD M. TRESKA ANOKA COUNTY PROPERTY TAX ADMINISTRATOR/RECORDER/REGISTRAR OF TITLES DKD BY OtPUTY PROPERTY TAX ADMINISTRATOR/RECORDER/REGISTRAR OF TITLES DLEY CITY COUNAMEETING OF .IULY 28.1997 /. P Karl Foster, 8161 East River Road Mr. Foster addressed Council about his unique m ' ox located on East River Road. He has been informed by Anoka County to remove a Model T mailbox. Therefore, Mr. Foster is requesting input from the City Council, a intends to relocate the Model T further back in his yard and put a mannequin inside it t erve as a tribute to the postal service. Councilman Billings stated at the issue could be interpreted as outdoor storage; and therefore, it is not prohibited. Se dly, this might be a tribute to the U.S. Postal Service, but, at the same time, the reason f the ordinances are to try to maintain a pleasant atmosphere in the city. Other residents m of appreciate the tribute. Mayor Jorgenson suggested that Mr. Foster contact Mr. Hic for additional information regarding ordinances. 11. VARIANCE REQUEST BY JOHN AND JOETTE ZEMBAL. TO REDUCE THE SETBACK OF AN ATTACHED GARAGE FROM 4 FEET TO 3 FEET, TO ALLOW THE CONSTRUCTION OF A 7 FOOT X 38 FOOT ADDITION TO AN EXISTING SINGLE CAR GARAGE, GENERALLY LOCATED AT 6821 SEVENTH STREET N.E. (WARD 1): Mr. Hickok, Planning Coordinator, presented the variance request of John and Joette Zembal requesting a variance be granted to reduce the side yard setback of an attached garage from 4 feet to 3 feet. If the variance is granted the petitioners propose to construct a 7 foot by 38 foot • addition to their existing single car garage. The property is located on Seventh Street north of Mississippi Street which is zoned R-1, Single Family Residential. A single family dwelling was constructed in 1957 with a single attached garage. The code section would typically allow the expansion of both garages to within 4 feet of the common lot line (8 foot total separation). If variances to both properties were granted, the separation could be reduced to 6 feet (3 foot setbacks) creating a "tunnel" between structures. The Appeals Commission action included comments from two residents who were opposed and ...:rte- two residents who were in favor. The Appeals Commission voted unanimously to ap�rove t e request with two stipulations. (that the addition comply with uniform building and fire codes . requirements and that the addition be architecturally compatible with the existing dwelling.) Staff recommended that Council concur with the Appeals Commission. Councilman Barnette inquired about the nature of the neighbors' objections. Mr. Hickok reported that the neighbors were concerned that the single family character may not be maintained due to the lack of open space between the units; therefore, the neighborhood would take on a different feel. Councilman Billings requested clarification that this variance is a request for one foot. Councilman Billings reported that he drove by the property. In taking into consideration the objections by the neighbor who is one block away from the said property and the maintenance of • the surrounding properties, he recommended approving the variance request. -.�.�p CITY COAL MEETING OF JULY 28. 1997 PA MOTION, by Councilman Billings to approve Variance Request, VAR #497-11, with the following stipulations: (1) the addition shall comply with the Uniform Building and Fire Codes for fire • protection requirements; and (2) the addition shall be architecturally compatible with the existing dwelling. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. 12. RESOLUTION AUTHORIZING APPLICATION FOR THE LIVABLE COMMUNITIES DFMnNSTRATTnN punr_u s M. IIViIT n A 71 T1/G ITrr AVENUE IMPROVEMENT PROJECT (WARDS 1 AND 3)• Barbara Dacy, Community Development Director, reported on the resolu ' n authorizing application for the Livable Communities Demonstration Program. The M ropolitan Livable Communities Act provides funds for creative and innovative models of mpact and efficient development. Over the last several months Council has discussed t improvement of 57th Avenue in the Hyde Park neighborhood. This is a good example of mixed land uses with commercial, industrial and mixed densities all in one area. Universit Avenue is an existing transit corridor with a bus stop at 57th Avenue and University Avenue. he MCTO is exploring a Park and Ride location near Holiday Plus. The 57th Avenue reco struction will address safety and gateway issues. The purpose of the application is to obtai grant funds to "link" all the pieces together, for decorative street lights and adding landscap' g as a visual link. A sidewalk along 57th Avenue and .north on Third Street will pro ' e a pedestrian link. Bus stop area improvements to the shelters and landscaping will p vide a transit link. The people link will incorporate neighborhood designed banners. The tal requested funds is $252,000 for a grant award. This would save property owners a d the HRA $172,000 for street lights and landscaping. $80,000 would be added for bike ay/walkway, transit and banner improvements. If this is not successful, it would not include th ikeway/walkway, transit or banner improvements. The application deadline is August 8, 97. Staff recommends that Council approve the resolution., Councilwoman Bolkcom asked if 't would bind Council if they approved this resolution. Ms. Dacy stated that the resolutio only authorizes staff to proceed with the grant application. Councilman Billings rnquired s to what the procedure is for a Park and Ride site. Ms. Dacy reported that any MCTO ans would need to be approved by Council. Neighborhood input would be requested, and evaluation would be processed. Councilman Billings suggested that a letter be sent to MCT along with a copy to Fridley's Metropolitan Council representative informing them that t e Fridley City Council would like to be included on any long-range plans for a Park and Rid site. Ms. Dacy clarified that the MCTO proposal was initiated by that agency. It was i cluded as an information piece to notify the area of the park and ride site activity. It appe s that Fridley lacks this facility. Councilwo n Bolkcom inquired about Route 24. She said that her main concern in locating a Park and de site near Holiday Plus is that of bringing additional traffic to an already busy area. Ms. DaX reported that Route 24 is the bus route going downtown. l.J ... CITTOF FRIDLEY PROJECT SUMMARY DESCRIPTION OF REQUEST: The petitioners, John and Joette Zembal, request that a variance be granted to reduce the side yard setback of an attached garage from 4 feet to 3 feet. If the variance is granted, the petitioners propose to construct a 7 foot by 38 foot addition to their existing single car garage. STATED HARDSHIP: See statement dated June 12, 1997. SUMMARY OF ISSUES: Section 205.05.13.(2).(b).1) of the Fridley Zoning Code states that the side yard setback for an addition to an attached single car garage may be reduced to four (4) feet if the nearest structure on the adjacent lot is a single car garage which is at least four (4) feet from the common lot line. Public purpose served by this requirement is to provide space between individual structures to reduce the possibility of fire, to provide access to the rear yard for emergencies, and to limit the condition of crowding in the residential neighborhood. The condition on the petitioners' property would allow expansion of the garage to 4 feet from the property line without a variance since the adjacent dwelling's single car attached garage is more than 4 feet from the common lot line. The Building and Fire Codes require one hour fire protection for that portion of the structure located less than 5 feet from the property line. No openings may be in the wall of the garage. This request is similar to a previously granted request at 6570 - 2nd Street in 1994. Two neighbors objected to the request. STAFF RECOMMENDATION TO THE APPEALS COMMISSION: Staff has no recommendation for the Appeals Commission as the request is within previously granted requests. If the Commission chooses to approve the request, staff recommends one stipulation: 1. The addition shall comply with the Uniform Building and Fire Codes for fire protection requirements. APPEALS COMMISSION ACTION: The Appeals Commission voted unanimously to recommend approval of the request to the City Council. The Commission added a second stipulation: 2. The addition shall be architecturally compatible with the existing dwelling. Two neighbors spoke in support of the request at the meeting. CITY COUNCIL RECOMMENDATION: Staff recommends that the City Council concur with the Appeals Commission action. 1 Project Summary • 0 VAR #97-11, 6821 - 7h Street Page 2 PROJECT DETAILS Petition For: A variance to reduce the setback of an attached garage from 4 feet to 3 feet. Location of Property: 6821 - 7t' Street Legal Description of Property: Lot 9, Block 2, Rice Creek Terrace Plat 4 Size: 75 feet by 135 feet; 10,125 square feet Topography: Sloping up from the street to the dwelling; flat rear yard Existing Vegetation: Typical suburban; sod, shrubs, flowers Existing Zoning/Platting: R-1, Single Family; Rice Creek Terrace Plat 4 Availability of Municipal Utilities: Connected Vehicular Access: 7t' Street Pedestrian Access: None Engineering Issues: None Comprehensive The Zoning and Comprehensive Plans are consistent in this Planning Issues: location. Public Hearing Comments: To be taken 11.02 Project Summary 0 0 VAR #97-11, 6821 - 7t' Street Page 3 ADJACENT SITES: WEST: Zoning: R-1, Single Family SOUTH: Zoning: R-1, Single Family EAST: Zoning: R-1, Single Family NORTH: Zoning: R-1, Single Family Site Planning Issues: REQUEST: Land Use: Residential Land Use: Residential Land Use: Residential Land Use: Residential The petitioners, John and Joette Zembal, request that a variance be granted to reduce the side yard setback of an attached garage from 4 feet to 3 feet. If the variance is granted, the petitioners propose to construct a 7 foot by 38 foot addition to their existing single car garage. SITE DESCRIPTION/HISTORY: The subject property is located on 7t' Street north of Mississippi Street. Located on the property is a 24 foot by 44 foot dwelling constructed in 1957. Also constructed in 1957 was a 12 foot by 20 foot attached garage. In 1984, the petitioners constructed a 12 foot by 16 foot addition to the rear of the garage, as well as a 20 foot by 22 foot living area to the rear of the dwelling. The existing garage now measures 12 feet by 38 feet. The property's rear yard is enclosed by a privacy fence and evergreen trees along the south property line. Located to the north is a single family dwelling with an attached single car garage which is approximately 5 feet from the lot line. The code section below would allow both garages to be expanded to within 4 feet of the lot line without variances (total separation distance 8 feet). If variances to both properties were granted, the separation could be reduced to 6 feet (3 foot setbacks) creating a "tunnel" between structures. ANALYSIS: Section 205.05.13.(2).(b).(1) of the Fridley Zoning Code states that the side yard setback for an addition to an attached single car garage may be reduced to four (4) feet if the nearest structure on the adjacent lot is a single car garage which is at least four (4) feet from the common lot line. 11.03 Project Summary 0 • VAR #97-11, 6821 - 71' Street Page 4 Public purpose served by this requirement is to provide space between individual structures to reduce the possibility of fire, to provide access to the rear yard for emergencies, and to limit the condition of crowding in the residential neighborhood. Based on the location of what exists on the adjacent property, the code allows expansions to existing attached single car garages to within 3 or 4 feet of the property line without a variance. In the petitioners' case, the existing garage could be expanded to within 4 feet of the property line without a variance. The adjacent garage is approximately 5 feet from the lot line. If approved, this request would require the adjacent property owner, either current or future, to apply for a variance to expand the garage. If the setback is maintained at 4 feet, no variance would be necessary for the adjacent property. The request does not adversely impact the lot coverage. In 1994, the City granted a similar variance to 3 feet at 6570 - 2"d Street. If the addition is constructed within 5 feet of the lot line, the Building Code requires no openings in the wall of the garage and one-hour fire rating along the exterior wall and into the roof structure. The request is within previously granted requests. Two neighbors have objected to the request. STAFF RECOMMENDATION TO THE APPEALS COMMISSION: Staff has no recommendation for the Appeals Commission as the request is within previously granted requests. If the Commission chooses to approve the request, staff recommends one stipulation: 1. The addition shall comply with the Uniform Building and Fire Codes for fire protection requirements APPEALS COMMISSION ACTION: The Appeals Commission voted unanimously to recommend approval of the request to the City Council. The Commission added a second stipulation: 2. The addition shall be architecturally compatible with the existing dwelling. Two neighbors spoke in support of the request at the meeting. CITY COUNCIL RECOMMENDATION: Staff recommends that the City Council concur with the Appeals Commission action. 11.04 0 *1 APPEALS COMMISSION MEETING JULY 9 1997 PAGE 6 2.- PUBLIC HEARING: CONSIDERATION OF VARIANCE REQUEST VAR #97-11 BY JOHN AND JOETTE ZEMBAL: Per Section 205.05.B.(2).(b).1) of the Fridley Zoning Code, to reduce the setback of an attached garage from 4 feet to 3 feet to allow the construction of a 7 foot by 38 foot addition to an existing single car garage on Lot 9, Block 2, Rice Creek Terrace Plat 4, generally located at 6821 - 7th 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 7:57 P.M. Ms. McPherson stated the request is to reduce the setback of an attached garage from 4 feet to 3 feet. If approved, the petitioner is proposing a 7 foot x 38 foot addition to the existing attached single car garage located on the property. Ms. McPherson stated the subject property is located on 7th Street north of Mississippi Street; 68th Avenue is to the south. The property is zoned R-1, Single Family, as are all the surrounding properties. Currently on the property is a single family dwelling unit constructed in 1957. The dwelling has a single attached garage. In 1984, the petitioners constructed ap addition to the rear of the existing garage and also constructed additional living space off the rear of the dwelling. The existing garage is 12 feet x 38 feet. The adjacent dwelling to the north has an attached garage approximately 5 feet from the lot line. Ms. McPherson stated the code typically allows the expansion of both single car garages to within 4 feet of the common lot line which would provide 8 feet of separation. The City has had two similar requests in the past at 6570 - 2nd Street and at 6830 Washington Street. The City typically requires that the additions comply with the building and fire codes which requires a one hour fire construction and no openings in what would be the north wall of the garage. The existing garage is similarly constructed with no openings in the north side. Ms. McPherson stated the request is within previously granted approvals; therefore staff has no recommendation for the Appeals Commission. If the Appeals Commission recommends approval of the request, staff recommends the following stipulation: 1. The addition shall comply with the Uniform Building and Fire Codes for fire protection requirements. Ms. McPherson provided copies of two letters from persons within the notification area who objected to the request. Those were submitted late on Friday. 11.12 APPEALS COMMISSION MEETING, JULY 9, 1997 PAGE 7 MOTION by Dr. Vos, seconded -by Ms. Beaulieu, to receive letters from Mr. Fred Lautizi and from Mr. William Knoff. ' UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Kuechle asked the addresses of the two previous requests and the setback that was approved. Ms. McPherson stated the variance at 6830 Washington was to 2.2 feet, and the variance at 6572 - 2nd Street was to 3 feet. The resident expressing an objection at 6820 Washington is adjacent to the person who received the variance at 6830 Washington Street. The person objecting at 6776 - 6th Street would be several houses to'the south of the petitioner. Ms. Beaulieu asked how much space was between this house and the house next door to the north. Ms. McPherson stated the existing garage wall of the subject property is 10 feet from the property line. Out in the field, staff estimated that the garage on the property to the north is approximately 5 to 6 feet from the property line. Right now, there is roughly 15 to 16 feet of separation. Dr. Vos stated staffs reasoning is that they could go within 4 feet. Ms. McPherson stated the conditions in the code section would typically allow going to within 4 feet if that property next door has a double garage at least 4 feet from the property line. If the petitioner was to maintain a 4 -foot setback, the neighbor to the north would be able to expand to within 4 feet without a variance. Ms. Zembal stated they would like to add onto the garage to add space for another vehicle and to store some of their equipment. Mr. Kuechle asked if the existing garage was 38 feet deep Mr. Zembal stated, yes. Ms. Beaulieu asked, if the Appeals Commission denied the request, could the petitioner add 6 feet and have a 18 foot wide garage? Is that wide enough for two cars? Mr. Zembal stated, no. Ms. Zembal stated a standard garage door is 16 feet. For this to look right, there should be r! P. sarrc- amount of brick on both sides. 11.13 APPEALS COMMISSION MEETING, JULY 9, 1997 PAGE 8 Mr. Zembal stated adding 6 feet would make it pretty tight. Ms. Beaulieu asked if there were any comments from other neighbors. Ms. Zembal stated the neighbor to the north and the neighbor across the street are at the meeting, and they are okay with the request. Mr. Kuechle stated the neighbor to the north is most affected by the construction. Dr. Vos asked, if this petitioner adds on 7 feet, does it limit the neighbor to the north to go within 4 feet of the property line? Ms. McPherson stated it does not. However, ihstead of the propert;� owner or future property owners being able to come in and have the City administratively approve the construction, it forces them into a variance situation in the future. That will also require them to have a one-hour fire wall. The building requires that any structure within 5 feet of the lot line must have a one-hour fire rating. Mr. Kuechle asked if the neighbor to the north has a single car garage. Ms. Zembal stated the neighbor has a 1.5 car garage. Mr. Jachymowski stated he lives across the street, and he supports the request. There have been a number of expansions of garages in the neighborhood since 1965. He thought it improves the housing stock both from the situation of the present owners but also for future owners and the City in general. They have a very nice neighborhood. This addition is not going to detract from it. It is conducive to the neighborhood. Being across the street, it does not affect them from a visual or aesthetic aspect. The homes, including the Zembals, are very well kept. He did not think this would be a detriment at all. Ms. Johnson stated she lived next door to the north. She has no problem with the request. She has a garage and a half and a porch behind. As far as future expansion, it is improbable. She saw no problems whatsoever. MOTION by Dr. Vos, seconded by Ms. Beaulieu, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:13 P.M. Dr. Vos stated he would recommend approval with the stipulation about the building and fire codes which is automatic, and as long as the neighbor to the north made the effort to come and support the request. Mr. Kuechlr- agreed. He thought the hardship is that it is difficult to make a garage workable under 19 feet. He would add another stipulation that the addition be 11.14 APPEALS COMMISSION MEETING, JULY 9, 1997 PAGE 9 architecturally compatible with the existing structure. Ms. Beaulieu agreed. She is troubled with the two who opposed the request, since they are less affected than the two neighbors who are in attendance. It is one foot and that should not negatively affect how it looks. She would be in favor of the request. MOTION by Dr. Vos, seconded by Ms. Beaulieu, to recommend approval of Variance Request, VAR #97-11, by John and Joette Zembal, to reduce the setback of an attached garage from 4 feet to 3 feet to allow the construction of a 7 foot by 38 foot addition to an existing single car garage on Lot 9, Block 2, Rice Creek Terrace Plat 4, generally located at 6821 - 7th Street, with the following stipulations: 1. The addition shall comply with the Uniform Building and Fire Codes for fire protection requirements. 2. The addition shall be architecturally compatible with the existing structure. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. McPherson stated that because of the two objections, the request will go to the City Council on July 28. / 3. Ms. McPherson stated the Planning Commission and ' Council have not met since the last Appeals Commission meeting. ADJOURNMENT: MOTION by Dr. Vos, seconded by M . eaulieu, to adjourn the meeting. UPON A VOICE VOTE, ALL TING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED THE JULY 9,1997, APPEALS COMMISSION MEETING ADJOURNED AT 8:15 W.M. Ily s Lavoooper Reconn ing Secretary <� 11.15 0 May 19, 1997 TO WHOM IT MAY CONCERN: • John and Joette Zembal, property owners of 6821 7th Street N.E., Fridley, MN, have my permission to widen their garage which is near to my property, at 6831 7th Street N.E., Fridley, MN. A. Joyce Johnson 6831 7th Street N.E. Fridley, MN 55432 bi j 11.08 JOHN AND JOETTE ZEMBAL 446 • • ca Cc� 0 rl�C'l�Aiv� 0 eo -6- " e- J�z% �- -S�i�o- 11.09 • Planning Coordinator City of Fridley Att: Scott Hickok Re: VAR #97-11 John and Joette Zembal Garage setback variance Dear Sir: • In reference to the above variant, I wish to register my opposition and urge the council to reject it. I see no overriding reason for such and do not want a precendent set for similar future requests. Sincerely yours G-'/-6 v' �/� William S. Knoff 6776 -7th St. NE Fridley MN 55432 11.10 VAR #97-11, 6821 — 7th St N.E. NAILLING 143024120084 X143024120087 CARLSON GERALD G & BETTY M THORP MARY JEAN OR CURRENT RESIDENT OR CURRENT RESIDENT 568 RICE CREEK TER N E 6854 7TH ST N E FRIDLEY MN 55432 FRIDLEY MN 55432 143024120086 PULLEN KATHLEEN F OR CURRENT RESIDENT 6852 7TH ST N E FRIDLEY MN 55432 143024120021 OLMSTEAD MARILYN R OR CURRENT RESIDENT 6850 7TH ST N E FRIDLEY MN 55432 143024120029 HUGHES BARBARA L OR CURRENT RESIDENT 548 RICE CREEK TER N E FRIDLEY MN 55432 143024120039 MADSEN BRADLEY D & MEGAN A OR CURRENT RESIDENT 6854 WASHINGTON ST N E FRIDLEY MN 55432 143024120028 EDINGER SUZANNE C OR CURRENT RESIDENT 536 RICE CREEK TER N E FRIDLEY MN 55432 LIST 143024120112 KOERING ALVIN R & MARY JO OR CURRENT RESIDENT 6855 7TH ST N E FRIDLEY MN 55432 143024120038 EDWARDS CLYDE S & MARY KAY OR CURRENT RESIDENT 6858 WASHINGTON ST N E FRIDLEY MN 55432 143024120022 JOHNSON ELMER J OR CURRENT RESIDENT 6840 7TH ST N E FRIDLEY MN 55432 143024120023 GRAGE ARMOND H & F E OR CURRENT RESIDENT 6830 7TH ST N E FRIDLEY MN 55432 143024120009 WALL DONALD E & SUZANNE A OR CURRENT RESIDENT 6850 WASHINGTON ST N E FRIDLEY MN 55432 143024120024 143024120018 JACHYMOWSKI JAMES E & DIANE JOHNSON A JOYCE OR CURRENT RESIDENT OR CURRENT RESIDENT 6820 7TH ST N E 6831 7TH ST N E FRIDLEY MN 55432 FRIDLEY MN 55432 143024120008 143024120027 BERGET CHARLES N & ROSEMARY NELSON ROBERT L & CONNIE J OR CURRENT RESIDENT e OR CURRENT RESIDENT 6855 WASHINGTON ST N E 524 RICE CREEK TER N E FRIDLEY MN 55432 FRIDLEY MN 55432 143024120017 ZEMBAL JOHN G & JOETTE M OR CURRENT RESIDENT 6821 7TH ST N E FRIDLEY MN 55432 143024120011 KLOCKERS DARWIN K & JOAN E OR CURRENT RESIDENT 6830 WASHINGTON ST N E FRIDLEY MN 55432 Nailed 6/27/97 •143024120085 CHESLEY EDITH A OR CURRENT RESIDENT 564 RICE CREEK TER N E FRIDLEY MN 55432 143024120030 MEYER MAURICE W & MARTHA H OR CURRENT RESIDENT 560 RICE CREEK TER N E FRIDLEY MN 55432 143024120113 JAHN WALLACE E & JUANITA E OR CURRENT RESIDENT 6853 7TH ST N E FRIDLEY MN 55432 143024120020 TOLLAKSON GERALD D & B L OR CURRENT RESIDENT 6851 7TH ST N E FRIDLEY MN 55432 143024120040 MISKIW WALTER & JANINA OR CURRENT RESIDENT 6861 WASHINGTON ST N E FRIDLEY MN 55432 143024120019 EARLY PATRICK W & SHIRLEY R OR CURRENT RESIDENT 6841 7TH ST N E FRIDLEY MN 55432 143024120010 ARNOLD DANIEL D & SUSAN L OR CURRENT RESIDENT 6840 WASHINGTON ST N E FRIDLEY MN 55432 143024120025 FISCHBACH RICHARD L & K D OR CURRENT RESIDENT 6810 7TH ST N E FRIDLEY MN 55432 143024120046 KAYSEN J R & VAN HEEL J M OR CURRENT RESIDENT 6830 JEFFERSON ST N E FRIDLEY MN 55432 143024120007 143024120026 143024120012 COURNEYA PAUL C & SUSAN I PAULICK GLENN A & LINDA S LAUTIZI FRED J OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT 6845 WASHINGTON ST N E 6800 7TH ST N E 6820 WASHINGTON ST N E FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432 VAR #97-11, 6821 - 7th St. N.E. MAILING LIST 143024120016 X143024120006 OLLILA STEPHEN P WILLMAN LEROY D & REGINE P OR CURRENT RESIDENT OR CURRENT RESIDENT 6811 7TH ST N E 6835 WASHINGTON ST N E FRIDLEY MN 55432 FRIDLEY MN 55432 143024120002 REITTER JEROME R & ELAINE D OR CURRENT RESIDENT 6820 JEFFERSON ST N E FRIDLEY MN 55432 143024120005 STICKLER D LARRY & GLENDA L OR CURRENT RESIDENT 6825 WASHINGTON ST N E FRIDLEY MN 55432 143024120004 RENKEN JOHN C & MERCEDES C OR CURRENT RESIDENT 6815 WASHINGTON ST N E FRIDLEY MN 55432 143024120013 ESCH HEINZ & ELLEN TRUSTEES OR CURRENT RESIDENT 6810 WASHINGTON ST N E FRIDLEY MN 55432 143024120031 KNOFF WILLIAM S & ELAINE B OR CURRENT RESIDENT 6776 7TH ST N E FRIDLEY MN 55432 143024120003 WEIMAR RICHARD L & E M OR CURRENT RESIDENT 6810 JEFFERSON ST N E FRIDLEY MN 55432 143024130044 143024130034 INGALDSON GERALD G & MARY K NORD DORIS M OR CURRENT RESIDENT OR CURRENT RESIDENT 6777 7TH ST N E 6805 WASHINGTON ST N E FRIDLEY MN 55432 FRIDLEY MN 55432 143024130043 143024130035 ZURAWSKI JOHN S & DARLENE M BULGER BRADLEY S OR CURRENT RESIDENT OR CURRENT RESIDENT 6767 7TH ST N E 540 68TH AVE N E FRIDLEY MN 55432 FRIDLEY MN 55432 143024130022 143024130036 ISAACSON JALMER W & DOROTHY SONG CHIEH-SITYANG & L OR CURRENT RESIDENT OR CURRENT RESIDENT 6746 JEFFERSON ST N E 6736 WASHINGTON ST N E FRIDLEY MN 55432 FRIDLEY MN 55432 LARRY KUECHLE CITY COUNCIL 202 MERCURY DR CITY MANAGER FRIDLEY MN 55432 Mailed 6/27/97 143024210061 NIETLING L & WRIGHT S OR CURRENT RESIDENT 506 RICE CREEK TER N E FRIDLEY MN 55432 143024120015 SAXTON JEAN C OR CURRENT RESIDENT 6801 7TH ST N E FRIDLEY MN 55432 143024120014 BOSWELL ROBERT S & GAYLE M OR CURRENT RESIDENT 6800 WASHINGTON ST N E FRIDLEY MN 55432 143024120032 GREENLAW DAVID K OR CURRENT RESIDENT 6766 7TH ST N E FRIDLEY MN 55432 143024130021 ANDERSON JOAN A OR CURRENT RESIDENT 6800 JEFFERSON ST N E FRIDLEY MN 55432 143024130033 PETERSON LEONARD J & DIANE OR CURRENT RESIDENT 6757 WASHINGTON ST N E FRIDLEY MN 55432 143024130032 SCHMITT ROBERT F & MARY J OR CURRENT RESIDENT 6747 WASHINGTON ST N E FRIDLEY MN 55432 • • CITY OF FRIDLEY PUBLIC HEARING NOTICE BEFORE THE APPEALS COMMISSION TO: Properly owners within 350 feet of 6821 - 70' Street CASE NUMBER: VAR #97-11 APPLICANT: John and Joette Zembal PURPOSE: To reduce the setback of an attached garage from 4 feet to 3 feet to allow the construction of a 7 ft. by 38 ft. addition to an existing garage LOCATION OF PROPERTY: 6821 - 7" Street LEGAL DESCRIPTION: Lot 9, Block 2, Rice Creek Terrace Plat 4 DATE AND TIME OF Appeals Commission Meeting: HEARING: Wednesday, July 9, 1997 , 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 Michele McPherson, 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 July 2, 1997. ANY QUESTIONS: Contact either Scott Hickok, Planning Coordinator, at 572-3599, or Michele McPherson, Planning Assistant, at 572-3593. Mailing Date: June 27, 1997 CITYOF FRIDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY. MN 55432 • (612) 571-3450 • FAX (612) 571-1287 June 16, 1997 John Zembal 6821 - 7t' Street N.E. Fridley, MN 55432 Dear Mr. Zembal: Per Minnesota Statute 15.99, local government units are required to notify land use applicants within 10 days if their land use applications are complete. We received an application for a variance on June 13, 1997. This letter serves to inform you -that your application is complete and that the City of Fridley will be processing your application in accordance with Chapter 205 of the Fridley City Code. Your application schedule is as follows: Appeals Commission July 9, 1997 City Council approval (if needed) July 28, 1997 If you have any questions regarding this letter or the process, please feel free to contact me at 572-3593. Sincerely, Michele McPherson Planning Assistant MM:ls C-97-102 LAND USE APPLICATION FILE CHECKLIST Date Created: lallolm File Number Summary of Date Submitted: Application Deadline: t `� (Official Receiving Date) 60 Day Action Date: ,A, 10 Day Completion Notice: I� understand that while my application was submitted for (applicants name) review on , the application deadline is: , and the 60 day action windowwill-notbegin until I receive a letter stating>that°my application is complete. I also understand that the City may, at any time during the 60 day action window, in writing, notify and that the process will be extended an additional 60 days. (signed) (witnessed by receiver) Application Found Complete ✓ yes no Application Completion Notices Mailed: JP -10-e17 Scheduled Planning Commission: Scheduled Appeals Commission: Scheduled City Council: -7, 11 ,11 • VARIANCE APPLICATION SUBMISSION CHECKLIST 0 The following shall be the minimum submission requirements to the Appeals Commission. Applications will not be accepted if the following is not submitted: RESIDENTIAL: ITEM SUBMITTED RECEIVER'S COMPLETE REVIEWER'S INITIALS INITIALSIDATE Completed application,'with fee (Application is considered complete if all blanks are completed, and both fee owner and petitioner have signed) Scaled site plan of property showing north arrow, existing and proposed structures, lot and block number, ✓ i adjacent street names, and buildings on fP adjacent lots within 10 feet of the common lot lines. Elevation of building and description of ✓ �0i materials. w Narrative of proposed building. If COMMERCIAL AND INDUSTRIAL: ITEM SUBMITTED RECEIVER'S COMPLETE REVIEWER'S INITIALS INITIALS Completed application, with fee (Application is considered complete if all blanks are completed, and both fee owner and petitioner have signed) Scaled site plan of property showing north arrow, existing and proposed structures, lot and block number, adjacent street names, and buildings on adjacent lots within 10 feet of the common lot lines. Elevation of building and description of materials. Landscape plan for all projects requiring a parking lot expansion of four (4) or mores aces. Grading and drainage plan. Erosion control plan. Calculations for stormwater runoff: 0 VARIANCE APPLICATION 0 SUBMISSION CHECKLIST, PAGE 2 ITEM SUBMITTED RECEIVER'S COMPLETE REVIEWER'S INITIALS INITIALS a. undeveloped condition b. existing condition c. proposed condition Calculations for excavation and/or fill. Utility Map: (If item is nonexistent, note on plan) Water: size and type of a. existing mains b. existing services c. proposed services d. hydrants e. valves f. fire services Sewer size and type of a. existing mains b. existing services c. proposed services d. manholes and lampholes e. elevations (invents and top of castings) Storm: size and type of a. existing mains b. existing services c. proposed services d. manholes and lampholes e. elevations (inverts and top of castings f. existing catch basins g. proposed catch basins SIGNS: ITEM SUBMITTED RECEIVER'S COMPLETE REVIEWER'S INITIALS INITIALS/DATE Completed application, with fee (Application is considered complete if all blanks are completed, and both fee owner and petitioner have signed). Drawing of proposed sign. Scaled site plan showing location of si n, or uilding elevation if wall sign. Written response to Section 214.21.02 of the Sign Code. VAR #97-11 John Zembal S-�=. Xe� F/u.. i a. a- - ,v►, alp..p.4,2-4 ate.0 use J -Z-� 1,T-&ccu �� 11.06 CITYOF CITY OF FRIDLEY FRJDLEY COMMISSION APPUCA-nON REVIEW File Number 19 File Date 6/12/97 Meeting Date 7/9/97 Description: VAR #97-11 by John & Joette Zembal Garage setback variance for garage addition Return to the Community Development Department Barbara Dacy Community Development Director John Flora Public Works Director Ed Hervin City Assessor Scoff Hickok Planning Coordinator f Ron Julkowski Chief Building Official Dick Larson Fire Marshall Michele McPherson Planning Assistant Dave Sallman Police Chief Jon Wilczek Asst. Public Works Director Dwla ;�;F 4� IRs ,7 • CITY OF FRIDLEY 6431 UNIVERSITY AVENUE FRIDLEY, MN 55432 (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT VARIANCE APPLICATION FOR: Residential Commercial/Industrial Signs - site plan required for submittal, see attached Address: to & 21 • `'7 '" Property Identification Number Legal Description: Lot q _ 1 Current Zoning: Square Reason for Variance: r a r"ne Have you operated a business in a city which required a business license? Yes - No ✓ ff 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 chasers: Fee owners Nex);-N t sign his f rm prior to processing) NAME: .0- O e- ADDRESS: to I cz;-I— DAYTIME PHONE: 5 1q — &q $7-Cw1r)SIGNATURE/DATE: C PETITIONER INFORMATION NAME: ADDRESS: DAYTIME PHONE: SIGNATURE/DATE: Section of City Code: FEES Fee: $100.00 for commercial, industrial, or signs: Fee: $60.00 for residential properties: 04- Receipt #:�� Received By: Application Number Scheduled Appeals Commission Date: Scheduled City Council Date: 10 Day Application Complete Notification Date: 60 Day Date: 7 City of Fridley -Land Use Application -Process IApplication Date I 60 Day Window Starts 60 Day Agency Action Law I Planning Commission Meeting Recommendation to Council 21-40 Days! City Council Decision Approval or Denial 50-60 Days i Approved, Action Taken Letter Tabled, 60 More Days Denied i— Public Hearings: Rezonings Zoning Amendments 13 Application Complete 10 Day Notice i Submit Complete Public Hearings: Application and Variance Materials Vacations Lot Splits Plats Rezonings Zoning Amendments Wetland Replacements Comprehensive Plan Special Use Permits City Council Decision Approval or Denial 50-60 Days i Approved, Action Taken Letter Tabled, 60 More Days Denied i— Public Hearings: Rezonings Zoning Amendments 13 Ko ztq J .� � ,y �• �w1 •mow. ca WI. � � i 1 _�[�. 'V s•�•� �L. '.l V' '•l air.. .Al .i�' .. 1�• 0 V5 W = v Parcels within 350' of 6821 Ah Street 1� GMENE W ANE NE WANENE 67ANENE ITM fA P BBAYENE MAWM MA I F% I I I 1 1 11%41 hryes FICE PMDC CAERfO 1®�NA�41D Z""'g DaWg- cm 0 1-1 -One Fancy urft o l -a - rwo Farcy Urdu N A VAR #97-11, 6821 7th Street 0 1-3 - Gerwal UNple Urdts y�rg7 EST (� RA - Mobile Fbrre Parks P - Planed Unit Develapnat UD o - Re Irl` Ds t d D�rid This request, by John Zembal, S -s. wd 0 sa. - opmera o G1 -' °�I W aar 0 G2 -General easiness is to reduce the side yard setback forrlp'led and drawn frnm official records based =led Na �o and Zoning effective o � -Gwwd �ng , r of an attached garage from 5 to 3 . date 1/a7/56 together with au a ardm- artoes adopted and effective as of ?J1 I'97 . - GR1- General Mice o NF1-usralndusmal A T x M addition to the existing 0%2 - Hmy Industrial o Ma - Qk wr Intensive Flea,,, Ir>d garage is proposed. The ciy of Fridley Frac taken & y effort topr�o- vide Me most up4D<We irlforrrtation avalable. M IR -' WWaft 0 P - Public Fedlydes The data presented here is subject to dw9e. The Gty of Frimey will riot be responsible for ® �� WATERGHTR wE►Y tmforeseerr errors or usage of this dorxuner t. JiT-1fIlla97 WED 11:39 ARI JERRYS, FOODS FAX NO. 6129281U #97_11 P. 2 08/10/87 07:45 FAX 60340 8622 L BRO/TEI RBOOD John Zembal 8003/003 '�^TY . e.'.' ?,.i.. .... i• . a ;. 1- - •e 'f 1 � .. ..p • ..1 . ^ r.•• i e - 111 , .... •} •' •�'' ' � I t �• � _ J i .y •.. i..i•- •r ; - i { 1.1 yy_ T �1j}[�1CJy/� + •._. "". ..� �� .--i i...-. �- ; . • t i. + . i .1.. .• , , ! i.•r,•. ,.l y,,,• s^,.•. ••y .. ��-Ir•.wa'Y• •^P=.'� J• + 'S, .+.•r.,f•q .I . ,•� .- 3 t' .. 1I• . i • { ..g,..i..q- «^1 r. ..{.,d I...r.5, i I i L r.-. .•a i i r . : • 1 • . `* - • ' , S L .. • I • r 11 {, t s t " s.'>,•. 1 p ; •:' i .._a..i 1' .� 5;:•:: • • ' _ T. ••� •�.•t -i.. ..� -.. �.�.i, ..•..e..: t .r.t. ..j..•�.w.� �. d.i, ..p. i .4 ::'.,it.,;g;i:+,:i •:::::Y�.i,.i,•y;: ^ 'r � . ♦ 6 1 { ,�; ....l.. 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