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VAR 96-09G7YOF FRIDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 • (612) 571-3450 • FAX (612) 571-1287 APPEALS COMMISSION ACTION TAKEN NOTICE May 30, 1996 Bruce and Venus Brandt 515 - 57th Avenue N.E. Fridley, MN 55432 Dear Mr. & Mrs. Brandt: On May 29, 1996, the Fridley Appeals Commission officially approved your request for a variance, VAR #96-09, to reduce the rear yard setback on a double -fronted lot from 35 feet to 24 feet to allow the construction of a 24 foot by 26 foot detached garage on Lot 25, Block 8, Donnay's Lakeview Manor Addition, generally located at 515 - 57th Avenue N.E. You have one year from the date of Appeals Commission 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 have any questions regarding the above action, please call me at 572-3593. Sincerely, Michele McPherson, BLA Planning Assistant MM/Is Please review the above, sign the statement below and return one copy to the City of Fridley Planning Department by June 14, 1996. Concur with action taken. • CITY OF FRIDLEY • APPEALS COMMISSION MEETING, MAY 29,1996 CALL TO ORDER: Chairperson Savage called the May 29, 1996, Appeals Commission meeting to order at 7:30 p.m. ROLL CALL: Members Present: Diane Savage, Larry Kuechle, Ken Vos, Carol Beaulieu Members Absent: None Others Present: Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant Bruce Brandt, 515 - 57th Avenue N.E. Steve Soltau, Skywood Mall Gary Colby, Menard, Inc. Mary Matthews, 1259 Skywood Lane APPROVAL OF MAY 8. 1996. APPEALS COMMISSION MINUTES: MOTION by Mr. Kuechle, seconded by Ms. Beaulieu, to approve the May 8, 1996, Appeals Commission minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC-HEARING;---C-O-btSLDERA-T_1-ON OF A VARIANCE REQUEST, VAR #96-09. _ BY BRUCE -AND -VENUS BRANDT: Per Section 205.07.03.D.(4).(b) of the Fridley Zoning Code, to reduce the setback of an accessory structure on a double -fronted lot from 35 feet to 24 feet to allow the construction of a 24 foot by 26 foot detached garage on Lot 25, Block 8, Donnay's Lakeview Manor Addition, the same being 515 57th Avenue N.E., Fridley, Minnesota 55432. MOTION by Dr. Vos, seconded by Mr. Kuechle, to waive the reading of the public hearing notice and to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:33 P.M. • • APPEALS COMMISSION MEETING, MAY 29, 1996 PAGE 2 Ms. McPherson stated the request is to reduce the rear yard setback on a double -fronted lot from 35 feet to 24 feet. The subject parcel is addressed as 515 - 57th Avenue which is east of 7th Street, north of 57th Avenue and north of the Lake Pointe development site. Located on the subject parcel is a single family dwelling unit with a 16 foot x 22 foot detached garage. The petitioners are proposing to construct a new 24 foot x 26 foot detached garage in the rear yard and are proposing to place the garage 24 feet from the rear lot line, 57th Place. The code requires that on a double -fronted lot, the rear yard setback is the same as the front yard setback. The petitioner does have two alternatives: Rotate the garage with the access facing 57th Place. This could possibly raise security issues with the overhead door of the garage being obscured from the rear of the house. 2. Move the garage to meet the requirement with the access toward 57th Avenue. This may increase the difficulty in maneuvering into and out of the garage. The distance between the house and the garage is approximately 15 feet. Ms. McPherson stated the City recently granted a similar variance to the ACCAP project which is also located on 57th Avenue, although it is closer to University Avenue. That variance was to 24.6 feet. In addition, the garage located on the property to the west of the subject parcel has a similar setback of approximately 22 feet as measured from the aerial photograph. Ms. McPherson stated staff has no recommendation regarding this request. No variance was granted for the adjacent parcel. Mr. Kuechle asked if that means the garage was built without a permit. Ms. McPherson stated a permit was received for the garage; however, there was no formal variance. The garage was constructed in the mid to late 1960's. Mr. Kuechle asked if they took the same garage and put the door on the other side, would it be okay? Ms. McPherson stated the petitioners hardship statement indicates the purpose of the 24 - foot setback is for the maneuverability of cars. If the doors were placed on the back side, the garage could then be moved forward and they would not need that maneuvering space. Dr. Vos asked if the 24 feet was from the property line or from the curb line. • • APPEALS COMMISSION MEETING, MAY 29. 1996 PAGE 3 Ms. McPherson stated the 24 feet is from the property line. Mr. Brandt stated the property line is 6 feet from the curb. As far as rotating the garage having the entrance to the back, there is a decline to the back yard. If they brought the garage closer to the house, the ground would be too high and he would have to raise the driveway to get to the garage. At 24 feet from the property line, there would be approximately a 36 inch drop. Ms. Beaulieu asked if that was why the cost would be higher. Mr. Brandt stated, yes. A tree would also have to be removed. Dr. Vos asked how close the garage would be to the tree as currently requested. Mr. Brandt stated it would be about 10 feet from the tree. Dr. Vos stated there is an accessory building behind the garage. Will that be removed? Mr. Brandt stated he planned to move it to a different location. The existing garage would be removed. Dr. Vos asked if there were any comments from the neighbor to the west. Mr. Brandt stated, no. He talked with him, but the neighbor did not say anything. Ms. Savage asked if staff had received any comments. Ms. McPherson stated staff had not received any calls or comments. Ms. Beaulieu asked if the petitioner would need a variance if this was a typical backyard. Ms. McPherson stated, yes, because the setback is 25 feet. In that case, staff may have been able to convince the petitioner to move the garage one foot. Mr. Brandt stated the reason for the setback is to maneuver into the garage because of the corner of the house, the steps to the house, and steps to the deck. Ms. Savage stated staff indicated there is not enough room for an attached garage. Ms. McPherson stated this was correct. Mr. Kuechle asked if the garage would be 3 feet from the side lot line. APPEALS COMMISSION MEETING, MAY 29, 1996 PAGE 4 Mr. Brandt stated, yes, the same as what is existing. MOTION by Mr. Kuechle, 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 7:43 P.M. Ms. Beaulieu stated she believed there is a hardship because of the double fronted lot although the petitioner would still need a variance of one foot if this was a typical back yard. The tree is a hardship which would have to be removed. There is a decline in elevation of the yard. She is also persuaded by the fact that the City has granted other requests of this nature in the past. This does not seem detrimental aesthetically to the neighborhood. She would vote in favor of the variance. Mr. Kuechle concurred. The neighborhood does not have a cluttered look. This was probably the best of the options available. He would recommend approval. Ms. Savage agreed. The public purpose of having green areas would still be met by this proposal. Dr. Vos agreed. He thought the neighbor had a large garage. Going to the back is not a good option, and turning the garage is not an option to the petitioner. He would recommend approval. MOTION by Ms. Beaulieu, seconded by Mr. Kuechle, to recommend approval of Variance Request, VAR #96-09, by Bruce and Venus Brandt, to reduce the setback of an accessory structure on a double -fronted lot from 35 feet to 24 feet to allow the construction of a 24 foot by 26 foot detached garage on Lot 25, Block 8, Donnay's Lakeview Manor Addition, the same being 515 - 57th Avenue N. E., Fridley, Minnesota 55432. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. BY MENARD, INC.: Per Section 205.07.01.B.(3) of the Fri\Menard Code, to increase the maximum height of an accessory structure from 1feet to allow the construction of an accessory structure by Menard, Inc.lock 1, Skywood Mall, generally located at 5207 Central Avenue V.E. he Skywood Mall property); and Lots 9 and 11, Auditor's Subdivision Noa County, Minnesota, generally located at 965 - 53rd Avenue N.E. (thoperty) (complete legal on file). 515 - 57th Avenue N.E. Variance DESCRIPTION OF REQUEST: The petitioners request that a variance be granted to reduce the rear yard setback on a double fronted lot from 35 feet to 24 feet. If approved, the petitioner would construct a new 24 foot by 26 foot detached garage. HARDSHIP STATEMENT: See attached. SUMMARY OF ISSUES: Section 204.07.03.D.(4).(b) requires that garages and all accessory structures on double fronted lots shall have a rear yard setback of not less than 35 feet. Public purpose served by this requirement is to provide desired rear yard space to be used for green areas which enhance neighborhood open space. The petitioners have a double -fronted lot. Located on the subject parcel is a single family dwelling unit and a detached single car garage. The petitioners could (1) rotate the garage 180 degrees requiring the access to face 57th Place as opposed to the current 57th Avenue or (2) move the garage closer to the house to meet the setback requirement. The property to the west has a garage in a similar location with access from 7th Street. The City has granted similar variances to reduce the setback to 24.6 feet. RECOMMENDED ACTIONS: The request is within previously granted variances. Staff has no recommendation regarding the request. • Staff Report VAR #96-09, 515 - 57th Avenue N.E. Page 2 PROJECT DETAILS Petition For. Location of Property: Legal Description of Property: Size: Topography: Existing Vegetation: Existing Zoning/Platting: Availability of Municipal Utilities: Vehicular Access: Pedestrian Access: Engineering Issues: Site Planning Issues: i A variance to reduce the rear yard setback on a double fronted lot from 35 feet to 24 feet. 515 - 57th Avenue N.E. Lot 25, Block 8, Donnay's Lakeview Manor Addition 10,125 square feet, .23 acre Flat Typical suburban, sod, shrubs, trees R-1, Single Family, Donnay's Lakeview Manor 1955 Connected 57th Avenue N/A None Staff Report VAR #96-09, 515 - 57th Avenue N.E. Page 3 DEVELOPMENT SITE Request The petitioners request that a variance be granted to reduce the rear yard setback on a double fronted lot from 35 feet to 24 feet. If approved, the petitioners would construct a new 24 foot by 26 foot detached garage. Site Description/FE The subject parcel is located on 57th Avenue north of the Lake Pointe development site and east of University Avenue. Located on the subject parcel is a single family dwelling unit measuring 24 feet by 44 feet and a detached single car garage 16 feet by 22 feet. The dwelling was constructed in 1961 and the garage was constructed in 1963. No other permits were issued with the exception of repair of storm damage in 1965. Analysis Section 204.07.03.D.(4).(b) requires that garages and all accessory structures on double fronted lots shall have a rear yard setback of not less than 35 feet. Public purpose served by this requirement is to provide desired rear yard space to be used for green areas which enhance neighborhood open space. The subject parcel is a double -fronted lot, 57th Avenue on the south and 57th Place on the north The petitioners are proposing to construct the garage 24 feet from the rear property line. The petitioners propose to maintain approximately 26 feet from the rear of the dwelling to the new garage to provide additional space for parking and maneuvering into the new garage. The petitioners have two alternatives to meet the setback requirement. Move the garage to meet the requirement with the access toward 57th Avenue. This may increase the difficulty in maneuvering into and out of the garage; the distance between the house and garage is approximately 15 feet. 2. Rotate the garage with the access facing 57th Place. This could possibly raise security issues with the overhead door of the garage being obscured from the rear of the house. The City has previously granted variances of this nature to 24 feet. There is not sufficient space to attach a 2 -car garage to the house. The property to the west has a garage located in a similar manner (22 feet) with access onto 7th Street. Staff Report VAR #96-09, 515 - 57th Avenue N.E. Page 4 Recommendation: The request is within previously granted variances. Staff has no recommendation regarding the request. ADJACENT SITES WEST: Zoning: R-1, Single Family Land Use: Residential SOUTH: Zoning: R-1, Single Family Land Use: Residential EAST: Zoning: R-1, Single Family Land Use: Residential NORTH: Zoning: R-1, Single Family Land Use: Residential Comprehensive Planning Issues: The zoning and comprehensive plan are consistent in this location. Public Hearing Comments: To be taken N VAR #96-09 - . 515 57th Avenue by Bruce and Venus Brandt LOCATION MAP Q2 md&� rtl;; l Jr! cy, A cz-Ab -5 7-1-h A vc- v 111E 0 0 ho" -Sr - La oc ctr,� le - Or e � S o c q 0 CA- a yXp6' (-' . 4 I C� ho" -Sr - La oc ctr,� le - Or e � S o c q 0 CA- P—WAI 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: & F.. -V Property Identification Number (PIN) Legal description: Lot Block Tract/Addition , oom' A'4 xakc 1i12U%J*'Q00r Current zoning: Square footagetacreage -7-6X'? S, Reason for variance and hardship: WCLt ��� Section of City Code: 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 must sign this form prior to processing) NAME rC e. G��- C�%,�L ADDRESS/ --5 -57-11,1 4ve 41 .5 -s - DAYTIME PHONE 57ol 6Gaa SIGNATURE, DATE��Cf PETITIONER INFORMATION NAME ADDRESS DAYTIME PHONE SIGNATURE DATE Fee: $100.00 $ 60.00 t/ for residential properties Permit VAR # LP. Receipt # 199 1 Application received by: Scheduled Appeals Commission date: Scheduled City Council date: APPLICATION DATE City of Fridley Community Development Variance Process APPEALS COMMISSION DATE -___weeks 2 weeks CITY COUNCIL DECISION CITY RECORDS ACTION AT ANOKA COUNTY 11 • 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 Wednesday, May 29, 1996, at 7:30 p.m. for the purpose of: Consideration of variance request, VAR #96-09, by Bruce and Venus Brandt: Per Section 205.07.03.D.(4).(b) of the Fridley Zoning Code, to reduce the setback of an accessory structure on a double -fronted lot from 35 feet to 24 feet to allow the construction of a 24 foot by 26 foot detached garage on Lot 25, Block 8, Donnay's Lakeview Manor Addition, the same being 515 - 57th Avenue N.E., Fridley, MN 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, 572-3593. 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 May 22, 1996. DCITY OF FRIDLEY " COMMISSION APPLICATION REVIEW File Number 23 File Date 4/24/96 Meeting Date 5/21/96 Description: VAR #96-09 - 515 - 57th Avenue N.E. by Bruce and Venus Brandt Accessory structure setback Return to the Community Development Department Barbara Dacy Community Development Director John Flora Public Works Director Ed Hervin City Assessor Scoff Hickok Planning Coordinator Ron Julkowski Chief Building Official Dick Larson Fire Marshall Michele McPherson Planning Assistant Dave Sallman Police Chief Jon Wilczek Asst. Public Works Director APPLICATION REVIEW CHECKUST FILE: V44� - 41U-01 r:r.•.:irxtr r. c .:. ` •e• °yid +. k� +..xr • •d+++ �•'+'$: v v :: + ru.• :.,� + >. •r:..�• •, . •. : ..L r; ,ix.=y+�yy. �..... ��•: •,• i•,STi • \° r >°�•• v; 'ie •'6 {:• �•r Ri•+°�• � 'K :.y.:°.>::v�i:, i :° • +°, • � +'•J J :+' lea d+•rns:[• v t rL?$. ��.:... :. i•.�+••.'��..•..•.i•O\ ..;•:�. n •.:r . v:..v .�'�•..:...:::..+� \ .:..:\�+•..• �� . °•$ '`SSsd .''�..\"++. �v.+'n +..�.::��:.'.d:J°.:nd�:Cti APPUCATiON RECEIVED DEVELOPMENT, 54PCl4a Aw �d•!`,ad� REVIEW COMM wuDcir ADDRESS FILE �/— �iri'�.2..+ Y - REVIEWED * LAND USE FILES PETITIONER CALLED SrrE VISIT/MEETINO AERIAL PHOTO MADE MAPS DONE REPORT WRITTEN VAR #96-09 BRUCE & VENUS BRANDT 515 - 57TH AVENUE N.E. MAILING LIST MARLED 05/17/96 BRUCE & VENUS BRANDT RODGER & CANDACE SWEET ALLAN & JUNE KJESTH 515 57TH AVENUE NE OR CURRENT RESIDENT OR CURRENT RESIDENT FRIDLEY MN 55432 5670 7TH STREET NE 5660 7TH STREET NE FRIDLEY MN 55432 FRIDLEY MN 55432 K J FRANKO K J FRANKO KIMBERLY OLSON OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT 5640 7TH STREET NE 5612 7TH STREET NE 5631 6TH STREET NE FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432 BARBARA PARCELLS WILLIAM & RHEA CRUCE ELDEN & LA VERNA THOMPSON OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT 5641 6TH STREET NE 5651 6TH STREET NE 5661 6TH STREET NE FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432 DORETTE CONNOLLY ELSIE ERICKSON D A LUECK & L M THOMASON OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT 5671 6TH STREET NE 565 57TH AVENUE NE 555 57TH AVENUE NE FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432 WALTER & VALARIA ZYLA MYLLIN & JOAN MISURA DARREN & PAMELA GROTH OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT 545 57TH AVENUE NE 535 57TH AVENUE NE 525 57TH AVENUE NE FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432 C BARTNICZAK EARL & MARLENE KELLAR ROGER & JUDI HARALD OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT 505 57TH AVENUE NE 570 57TH AVENUE NE 560 57TH AVENUE NE FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432 SCOTT FUERSTENBERG DONALD SYTSMA AGNES BENDEL OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT 550 57TH AVENUE NE 540 57TH AVENUE NE 530 57TH AVENUE NE FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432 VICTOR & DOROTHY DAHLBOM MICHAEL CHEVRETTE MICHAEL & SHARON HEINTZ OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT 520 57TH AVENUE NE 510 57TH AVENUE NE 5704 JEFFERSON STREET NE FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432 STEVEN & JACALYN HANSON LESTER & KAREN LARSON KENNETH & C A HOLMSTROM OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT 5708 JEFFERSON STREET NE 5760 WASHINGTON STREET NE 5761 7TH STREET NE FRIDLEY MN 55432 FRIDLEY MN 55431 FRH)LEY MX 55432 MAILING LIST - PAGE 2 i VAR #96-09 BRUCE & VENUS BRANDT 515 - 57TH AVENUE N.E. FRANK & DONNA SARAZIN OR CURRENT RESIDENT 5701 WASHINGTON STREET NE FRIDLEY MN 55432 GEORGE & JEANETTE TYLER OR CURRENT RESIDENT 5707 WASHINGTON STREET NE FRIDLEY MN 55432 DENNIS & G M STARKWEATHER OR CURRENT RESIDENT 5750 WASHINGTON STREET NE FRIDLEY MN 55432 RAYMOND & BECKY ZURN OR CURRENT RESIDENT 5731 7TH STREET NE FRIDLEY MN 55432 DONALD & SHARON HIPPEN OR CURRENT RESIDENT 464 57TH PLACE NE FRIDLEY MN 55432 DIANE SAVAGE 567 RICE CREEK TERRACE NE FRIDLEY MN 55432 STEPHEN & NANCY WALLERIUS OR CURRENT RESIDENT 5703 WASHINGSTON STREET NE FRIDLEY MN 55432 W M & SUSAN PHELPS OR CURRENT RESIDENT 5755 WASHINGTON STREET NE FRIDLEY MN 55432 LOUIS & PHYLLIS KEDROWSKI OR CURRENT RESIDENT 5741 7TH STREET NE FRIDLEY MN 55432 JAMES & BARBARA STILLSON OR CURRENT RESIDENT 5700 WASHINGTON STREET NE FRIDLEY MN 55432 DONALD & SHIRLEY LEE OR CURRENT RESIDENT 480 57TH PLACE NE FRIDLEY MN 55432 CITY COUNCIL CITY MANAGER EDDIE & MICHELLE RICHMOND OR CURRENT RESIDENT 5705 WASHINGTON STREET NE FRIDLEY MN 55432 MARK & BAMBI SAASTAD OR CURRENT RESIDENT 5751 7TH STREET NE FRIDLEY MN 55432 DUANE & J R SCBLOTTMAN OR CURRENT RESIDENT 5720 WASHINGTON STREET NE FRIDLEY MN 55432 MARVIN & BONITA HARTSE OR CURRENT RESIDENT 475 57TH PLACE NE FRIDLEY MN 55432 STANLEY & FRIEDA JAWORSKY OR CURRENT RESIDENT 491 57TH AVENUE NE FRIDLEY MN 55432 17 - xv� Z"..9 I A -3c r Ivs _71- ILI �- A AV EgPW IV. b.. /7%1, 7c 1221 4 ;t le -7 ili,. 12 3 3 4) -/¢ (0) 7-1c, 1� w xz&9z 4 r 5 . a , • v &,vz el 7 w "0, I �vr t133 /Z jt� (1,6) /47nB.91/Pj 31.7 0067 4' Q11% 3 (r;j) REGI 1' 'FRED : X, 0) / Y8 1, .:: z D I --- A k 18-918 Y0 0 A LANMSURVEY- Z 0 U) i4 /V 16' 7 h.%D) lip 14 —1 ti `12 N. 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