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VAR 88-11unrQ COMIIANON APPLICATIO VIEW Department Number pile Date Meeting Date Community Development F 22 5-6-88 5-24-88 fRIDLLT File Address/Description VAR #88-11 COMPLETE REVIEW CHECKLIST 550 - 57th Avenue N.E. garage size variance from 1,000 SF to RETURN TO PLANNING t,248 SP I FIKATHY COMMENTS `7 -T+lls Q JOHN I F vleo^ e , � s y 5 V`I RREL CLYDE MARK LEON S-/ JIM I VARIAN REQUEST FORM VARIANCE # -11 VARIANCE FEE ®' �® RECEIPT #� SCHEDULED APPEALS MEETING DATE'1-Cx-y'ff PROPERTY INFORMATION j( PROPERTY ADDRESS � % 50 — 5 / fh �Ue- -,k)I P ! V_ LEGAL DESCRIPTION: LOT_ BLOCK _ /�/ TRACT/ADDITION PRESENT ZONING i. _ !^meq �r r►oy' VARIANCE REQUEST(S): Attach a plat or survey of the property showing building, variance(s), where applicable. r Wiij*7"l ' I �I ` Ir rl po Section of the Code: List specific hardship(s) which require the variance(s): oZ 13011745 2 ,SIVO An o P., C;klcln S A 4 P J twat-�- 17X c -c UA -6&,- ce-L - Lam, NAME (please ADDRESS &'- 13 7 FEE OWNER INFORMATION ' 6"21- q110 b`�`'�Ss ,a print) C® GC— rs`ftlq6 PHONE ��`' 9 SIGNATURE Note to ######### DATE 4z PETITIONER INFORMATION / NAME (please print) �/ �� PHONE ADDRESS SIGNATURE DATE APPEALS COMISSION: APPROVED DENIED DATE CITY COUNCIL: APPROVED DENIED DATE STIPULATIONS: CITY OF FRIDLEY"" . UNIVERSITY AV E. 0 k . 0431 FRIDLEY, MN 55432 (612) 571-3450 VARIAN REQUEST FORM VARIANCE # -11 VARIANCE FEE ®' �® RECEIPT #� SCHEDULED APPEALS MEETING DATE'1-Cx-y'ff PROPERTY INFORMATION j( PROPERTY ADDRESS � % 50 — 5 / fh �Ue- -,k)I P ! V_ LEGAL DESCRIPTION: LOT_ BLOCK _ /�/ TRACT/ADDITION PRESENT ZONING i. _ !^meq �r r►oy' VARIANCE REQUEST(S): Attach a plat or survey of the property showing building, variance(s), where applicable. r Wiij*7"l ' I �I ` Ir rl po Section of the Code: List specific hardship(s) which require the variance(s): oZ 13011745 2 ,SIVO An o P., C;klcln S A 4 P J twat-�- 17X c -c UA -6&,- ce-L - Lam, NAME (please ADDRESS &'- 13 7 FEE OWNER INFORMATION ' 6"21- q110 b`�`'�Ss ,a print) C® GC— rs`ftlq6 PHONE ��`' 9 SIGNATURE Note to ######### DATE 4z PETITIONER INFORMATION / NAME (please print) �/ �� PHONE ADDRESS SIGNATURE DATE APPEALS COMISSION: APPROVED DENIED DATE CITY COUNCIL: APPROVED DENIED DATE STIPULATIONS: • MAILING LIST VAR #88-11 Sett Fuerstenberg 550 - 57th Avenue N.E. Fridley, MSV 55432 City Council members Mayor Nee City Manager Chairperson of Appeals Commission Donald T. Ososki 585 - 57th Avenue N.E. Fridley, MN 55432 John Tomczyk 575 - 57th Avenue N.E. Fridley, MV 55432 Elsie M. Erickson 565 - 57th Avenue N.E. Fridley, Mn 55432 Dennis A. Lueck 555 - 57th Avenue N.E. Fridley, MN 55432 Walter J. Zyla 545 - 57th Avenue N.E. Fridley, MN 55432 Myllin J. Misura 535 - 57th Avenue N.E. Fridley, MN 55432 Joseph S. Zych 525 - 57th Avenue N.E. Fridley, MV 55432 William R. Hoglund 580 - 57th Avenue N.E. Fridley, MN 55432 Earl H. Kellar 570 - 57th Avenue N.E. Fridley, MN 55432 Roger L. Harald 560 - 57th Avenue N.E. Fridley, MN 55432 • Appeals 5/13/88 Donald L. Sytsma 540 - 57th Avenue N.E. Fridley, MN 55432 Phillip P. Bendel 530 - 57th Avenue N.E. Fridley, MN 55432 Victor L. Dahlbom 520 - 57th Avenue N.E. Fridley, MN 55432 • 0 Item 44, May 24, 1988 �: 1'000 4Y"4 y�/ 550 - 57th Avenue N.E. VAR 488-11 A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.07.01.B,(4),(a), requires that a first accessory building shall not exceed 100% of the first floor area of the dwelling unit or exceed a maximum of 1,000 sq. ft. Public purpose served by this requirement is to maintain the residential quality of a neighborhood by limiting the size of accessory structures. B. STATED HARDSHIP: "I have 2 boats, 2 snowmobiles, 6 cars, 3 motorcycles, and I want them under cover to prevent vandalism and burglary." C. ADKINISTRATM STAFF REVIEW: The foundation area of the existing house is 1,037 sq. ft. The area of the existing garage is 624 sq. ft. The petitioner would like to double the size of the garage to 1,248 sq. ft. by adding onto the f ront of the existing garage. The area of the lot is 10,125 sq. ft. The Board should determine the need and hardship before acting on this request. Also please note by the survey that the existing garage does not parallel the side lot line. The front corner is 3 feet from the east line and the back corner is 5 feet; therefore, if the Board approves this request, it would be necessary for the petitioner to parallel the addition with the lot line to maintain the minimum 3 feet setback. If the Board approves this request, the staff has no stipulations to suggest. • PUBLIC HEARING BEFORE THE APPEALS COMMISSION • Notice is hereby given that the Appeals Commission of the City of Fridley will conduct a Public Hearing in the City Council Chambers at 6431 University Avenue Northeast at 7: 30 p. m. on Tuesday, May 24, 1988, for the purpose cf : Consideration of a variance request, VAR #88-11, by Scott Fuerstenberg, pursuant to Chapter 205.07.01.B, (4), (a), of the Fridley City Code to increase the maximum allowable square footage cf a garage from 1,000 sq. ft. to 1,248 sq. ft. (also exceeds square footage of first floor area of the dwelling unit) on Lot 16, Block 10, Donnay Lake View Addition, the same being 550 - 57th Avenue 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. Nate: The Appeals Commission will have the final action on this request, unless there are objections from surrounding neighbors, the City Staff, or the petitioner does not agree with the Commission's decision. If any of these events occur, the request will continue to the City Council through the Planning Commission with only a recommendation from the Appeals Commission. Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. f�`�-moi• Mi,',i�^�^��i�l go • 12BB MAY 24, 1988 PAGE 13 Mr. Sherek stated he had w against in ion, not because he objected to the variance, but because he woul like City Council to look at this situation. In the event the street ever d through there, the garage would be quite close to the street, and there d be some problems. Mr. Barna stated that becpa6e of an ftection by a Camnission meinber, this item would go an to City Co it for the Co '1's final action on June 20. 4. CC\TSIDERATICN OF A VARIANCE REQUEST, VAR #8*11, BY SCOTT FLERSTUMERG: Pursuant to Chapter 205.0 .0l.B,(4),(a), of the Fridley City Code to increase the maxirman allowable square footage of a garage frau 1,000 sq. ft. to 1,248 sq. ft. (also exceeds the square footage of the first floor area of the dwelling unit) on Lot 16, Block 10, Donnay Lake View Addition, the same being 550 - 57th Avenue N.E. MOTION by M. Savage, seconded by Mr. Kuechle, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, a3AIRPERSON BARNA DECLARED UM PUBLIC H ERRING OPEN AT 9:15 P.M. Chairperson Barna read the Administrative Staff Report: ADMMISTRATIVE STAFF REPORT 550 - 57th Avenue N.E. VAR #88-11 A. PUBLIC PURPOSE SERVED BY FFE]QUIRENEI�tr: Section 205.07.01.8, (4) , (a) , requires that a first accessory building shall not exceed 100% of the first floor area of the dwelling unit or exceed a maxinwm of 1, 000 sq. ft. Public purpose served by this requirement is to maintain the residential quality of a neighborhood by limiting the size of accessory structures. "I have 2 boats, 2 snowmbiles, 6 cars, 3 motorcycles, and I want them under cover to prevent vandalism and burglary." C. ADMINISTRATIVE STAFF REVIEW: The foundation area of the existing house is 1,037,sq. ft. Zhe area of the '- existing garage is 624 sq. ft. The petitioner would like to double the size of the garage to 1,248 sq. ft. by adding onto the front of the existing garage. r1he area of the lot is 10,125 sq. ft. 7he Board should determine the need and hardship before acting on this request. Also please note by the survey that the existing garage does not parallel the side lot line. The front corner is 3 feet from the east line and the back corner is 5 feet; therefore, if -the Board approves this request, it would be necessary for the petitioner to parallel the addition with the lot line to maintain the rdninum 3 feet setback. If the Board approves this request, the staff has no stipulations to suggest. • • f APPEALS CDMffSSICN MMMG, MAY 24, 1988 PAGE 14 Mr. Fuerstenberg stated the biggest reason why he needed the larger garage was because he has had a lot of burglaries. His boat and motor were stolen last winter, and his house has been burglarized twice. He showed the Conr&ssioners pictures of the vehicles he owned. Mr. Fuerstenberg stated he has a very long driveway which is hard to shovel in the wintertime. He felt the expanded garage would improve the appearance of his house because his driveway is very cluttered with vehicles at this time. He stated both neighbors an either side of him do not object to the addition as long as the garage is built to meet Code. Ms. Savage asked Mr. Fuerstenberg if it would help his situation if he were to expand his garage to 1,000 sq. ft. which would meet Code. Mr. Fuerstenberg stated any extra space would help, but hew anted to get every- thing under cover. He stated that with Lake Pointe Drive running behind his property, people going by can see everything he owns, and people get ideas when things are not under cover. W. Roger Harald stated he lived next door at 560 - 57th Avenue N.E. He stated he did not object to the garage expansion as long as it net Code and the 3 foot side yard setback was maintained. W. Steve Billings, City Cbuncilmember, stated he was a little bit familiar with Mr. Fuerstenberg's garage. He stAted approximately 6-8 feet of the back of the garage was storage area that is accessed through a walk-in door and which cannot be accessed frau the drive-in space in the garage. So, in effect, the usable garage space, instead of being 26 feet in length, was really about 20 feet in length. So, taking that into consideration, the expansion W. Fuerstenberg was requesting actually became 6 feet less than that. Dr. Vas asked if W. Fuerstenberg could petition for a special use permit for a second accessory building. Mr. Clark stated he had talked to Mr. Fuerstenberg about that, but Mr. Fuerstenberg felt it would keep his vehicles more secure if he had care large building instead of two smaller buildings. Mr..Bar�na stated he would say part of the hardship would. be that a second accessory build- ing would use more green space, whereas this garage expansion would only use blackbopped driveway space. Mr. Clark stated if Mr. Fuerstenberg had a special use permit for a second accessory building, he could build up to 1,400 sq. ft. Mr. Billings stated this is the third time in 1h weeks there has been vandalism in this neighborhood, and it was a result of the Lake Pointe construction. The back of the properties is more accessible and it is a situation where the properties front on two streets, but the second street is not a typical residential street. Dr. Vos stated he thought the hardship as stated.by Mr. Furestenberg was not a viable hardship. • . 12DD APPEALS CCMMSSICN 1MING, MkY 24, 1988 PACE 15 Ms. Savage stated she agreed. A lot of people could come in with the hardship that they owned a lot of vehicles that needed to be enclosed. Mr. Barna stated the hardship was the fact that if a second accessory building was constructed which would be allowed by code with a special use permit, then the petitioner would lose 3/4 of his back green space. By expanding his garage,he would be maintaining back yard green space. MXICN by Mr. Kuec hle, seconded by M. Savage, to close the public hearing. UPON A VOICE WTE, ALL VOTING AYE, CHAIRPERSON BARKA EEMARED THE PUBLIC HEARING CLOSED AT 9:30 P.M. Mr. Sherek staged he had a difficult time with this hardship. He did not go along with the hardship as stated by Mr. Barna. He stated building a second accessory building was not automatic. 'Ihe petitioner must apply for a special use permit and that was subject to approval by the Planning Commission and City Council. W. Barna stated that with a special use permit for a second accessory building, it is the responsibility of the City to give a viable legal reason for not issuing the special use permit; whereas with a variance request, it is up to the petitioner to state a viable hardship. He did not believe there have been very many special use permits on residential properties that have been denied. Nis. Savage stated she shared some of the sane feelings as Mr. Sherek. She was concerned that by approving this variance request, they would be opening the door to people caning in to say they have extra property and need extra garage space. Mere obviously were sme additional factors in this case --the fact that it is more of a target for burglaries because of the development behind the property which could possibly distinguish it from other other situations, but she was not sure about that. Dr. Vos stated he felt only the neighbor to the east would be the one who would have an objection, and that neighbor was in the audience and did not object to the expansion. r1he neighbor to the east would not even see the garage. He stated he had observed the property from the lake Pointe side and he knew what could happen when people see what a person owns. He stated he would be in favor of granting the variance as requested because of the construction going on behind Mr. Puerstenberg's Prnperty. W. Kuechle stated he would not be in favor of the variance. He felt W. Fuerstenberg's needs could be net without a variance by going to 1,000 sq. ft. as allowed by City Oode and applying for a special use permit for a second accessory building. MNICN by Dr. Vos, seconded by Mr. Sherek, to approve variance request, VAR #88-11, EV Scott Fuerstenberg, pursuant to Chapter 205.07.0l.B,(4),(a), of the Fridley City Code to increase the maxitmm allowable square footage of a garage from 1,000 sq. ft. to 1,248 sq. ft. (also exceeds the square footage of the first floor area of the dwelling unit) on Lot 16, Block 10, Donnay Lake View Addition, the same being 550 - 57th Avenue N.E. APPEALS C7 fZHSSICN MEETING, MAY 24, :1988 PACE 16 UPIEV A VOICE VOTE, BAMM AND VW VO'I' M AYE, SAVAGE, KLEC =, AND MEREK VOTING NAY, PERSON BARR IZCARED um Mdl'ICN FAILED. Mr. Betzold stated that this item would go to City Council for final action on June 20. ADJOMM NT: MfJ►t'ICN by Mr. Sherek, secmded by Mr. Kuechle, to adjourn the meeting. Upon a wig vote, all voting aye, Chairperson Sarva declared the May 24, 1988, Appeals Clm i.ssion meeting adjourned at 9:45 pan. Respectfully sub 'tteA Saba Re rding Secretary VAR #88-1112FF • 40cott Fuerstenberg c" r arc 21I L 1 Lt 1`D 4� i,� I ib� i �+,� M1� t jai IA) )R� p - L A • ti - ST T AVE. _�_ ` � 7� � I�� • � (�P ry�1i , ,S ,S� vv� ,,�� C�� ; Ali -ids Q' 0R- A V _ Y IL ILI IL I INTER S TA TLC l r ` � 1 -I o WY QUI = CHERI lAAW LOCATION MAP EDUCAT WN LAllt W !Y � /0 7 r ri z FP.iDLEY ! 2e 3 HIGH O tm 14 SCHOOL c17 c ' K 7 Lo A J99 T H AVE. d /2 /I 64 9 Ir 59TH. AV C =� • 10 0 LLEEXG u, 2 2 Ir fl E LD ' 6 9 :e N ,1 ,3 6\✓ \ / t C) • B MARIGOLD TERRACE ^ b +/ • T AV ° z Y" 6 f 1• ` � — Sal � s�'1r 13 /ss \ • C s + Iq " " 58 H. h AV z 1 • �• � r" z4. t • W l d z H L N PLACE y~j X0 •� z o TXON/tri K o " N ¢ N. E. - Q o y zc .7• ti' tk 16 1f 24 1J a �! �B ,7 ie 1 3 -4 Y ii •f •i f ,. Z NUE N. t. _ 2• �! �! !7 �i ' 's r 1 " f ! 1 O ? 1 /` .7 V ! A1-G�rT+• R,0GEW f ••••` I • • • DRIVL C E L •:• �•r•C%.� r ,.�•.,.�.\•..r;.�•..,;P ..r. ��.rv; •':-y.\:.1:)•: �.i St•1J• t:j'.\�.i ••• i,•♦•,. ` • • • g' ',•1•\ •I , -I ,.y r, ♦•�I., •.•\I.r•.i\I:•r�I��, •r;J .•I ,• • • • •,,♦,•. �,.:♦I ?/ '''-'•:��:�:.L\:.t:l:\ ::/:1:\a:i 1:1:}'T.a:J.,`� L'i:i %y'�• '��•r.;. �� •r•�:�'-s:�•i Q 49 HILL ADDITION TATE HIGHWAY N0. 594 - gee C�z LANE = ��rlil .. r • • 11 �— G 7 y ,e • .. • 40 • -- f U' L , • p / 55 UE • N.E. zs ri it �D " 'r r,• 9 Z VENUE N IF / C. Off. r ��•4ACE1 20 4 357 P i ZONING MAP Wcott AR #88-11 12GG 41 Fuerstenberg L. G.L.VVL1 tK CK /y55VC.1AI hb, ING. "OUSTOu JOHN A. PETERSON PRANK R. LENZ, JR. uslarEss LAND SURVEYORS FAMM 0 nv LwE R[GISTERED UNDER LAWS OF STATE OF MINNESOTA LAN A1C "VAnw" - , uuxsaD AT ONOMAwCES OF o,Tv Or 0I0NIOEA/OLSO 4L 5300 LYNDALE AVE. SO. *MNEAPOLIS. MINN. 53408 _ 1824-0370 • �arhepor'�c Cntitaatc � � � � AVE1 e 317) 9K in Vito CPU Z. z�. X A S �o.t• i ►c.�ib O m ir 1037sq. ft. ,r' w► e ,el 04� � o e� LA M Proposed 5C 41.E n 624sq. ft., � � �� D!S►!GlTES �Ol� 4.0 3, Total Sq. Ft.: 1248 N �xisting d r' 624 sq, ft. ' 1 4C r V st'ICLouE tENCE _ 50 ibbblk Pgal Description tt 16, Block 10, DoNNAY'S LAKLrVrM MMOR ADDITION, Anoka County, Minnesota, subject t eaaeaonts and restrictions of record, if any. - i thereby certify that this survey. plan, or report was prepa=ed by me or under my -dlreat supe:Vision and thatI as a duly Registered Land Sur -49* 7* • undbr the laws of 'the State cf 4finnepta. Date.P . I �L__Reg . 10. .c�� SITE PLAN 9 CITY ODUNCIL ACTION TAKEN NOTICE Scott Fuerstenberg 550 - 57th Avenue N.E. Fridley, MN 55432 June 27, 1988 On June 20, 1988 the Fridley City Council officially approved your request for a a Variance, VAR #88-11, to increase the maximum allowable square footage of a garage from 1,000 square feet to 1,248 square feet (also exceeds the square footage of the first floor area of the dwelling unit) on Lot 16, Block 10, Dannay's Lake View Addition, the same being 550 - 57th Avenue N.E. with the following stipulatins: None. If you have any questions regarding the above action, please call the Planning Department at 571-3450. Sincerely, John L. Robertson Community Development Director JLR/dm Please review the noted stipulations, sign the statement below and return one copy to the City of Fridley Planning Department by July 5, 1988. Concur with action taken STATE OF MINNESOTA COUNTY OF ANOKA CITY OF FRIDLEY In the Matter of a Variance, VAR #88-11 Scott F erstenberg , Owner 832321 P CITY COUNCIL PROCEEDINGS VARIANCE The above entitled matter came before the City Council of the City of Fridley and was heard on the 20th day of June , 19 88 , on a petition for a variance pursuant to the City of Fridley's Zoning Ordinance, for the following described property: To increase the maximum allowable square footage of a garage from 1,000 square feet to 1,248 square feet on Lot 16, Block 10, Donnay Lake View Addition, the same being 550 - 57th Avenue N.E. IT IS ORDERED that a variance be granted as upon the following conditions or reasons: No stipulations. See City Council minutes of June 20, 1988. STATE OF MINNESOTA ) COUNTY OF ANOKA ) CITY OF FRIDLEY ) OFFICE OF THE CITY CLERK I, Shirley A. Haapala, 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 Le City of Fri !�a� a, in County of Anoka on the o2 �� day of P 191- DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 ate„ b SHIRLEY A. H APALA, CIT Elm`; Variances are valid for a period of one year following approvall and'° shall be.° considered void if not used within that period. (SEAL) FRI$,E'Y CITY CC 10= bff=IG OF JUNE 20, 1988 variance. Even if the street went in sometime in the future, the ion would not prevent the street frau going in. There might be alignment consideration they might want to take into the right -of- so there is more green space. Mr. Flora, Public Works Director, stated the only,18iscussion for this area has been the potential drainage system from a storm sewer system up on Mississippi Street, and that could prcbab be handled in the alley portion. MYrICN by Councilman Schneider to oncur with the recommendation of the Appeals Commission and grant V ance, VAR #88-10, to reduce the side yard setback on a corner lot f 7.5 feet to 5.5 feet to allow an addition to an existing garage loca on Lot 20, Block 1, Spring Valley Addition, the same being 1357 - 6 Avenue N.E., with no stipulations. Seconded by Councilman Fi ick. Upon a voice vote, Councilman Billings voting nay, Mayor Nee the motion carried. :;.2 a Billings stated he just thought 5.5 feet was too close to a road was likely to go in in the future. He thought that as a city develops, should plan their variances forever and not just for the short tear. A-4. CONSIDERATION OF A VARIANCE, VAR #88-11, TO INCREASE THE MAXIMUM ALLOWABLE SOUARE FOOTAGE OF A GARAGE FROM 1.000 FOO'r'AGE OF THE FIRST FLOOR AREA OF THE DWELLIM UNIT) ON LOT 16, EU= 10, DOI W LAKE VIEW ADDITION, THE SAME BEING 550 - 57TH AVENUE N.E., BY SCOTT Mr. Robertson, Coam unity Development Director, stated this was heard by the Appeals ComAssion on May 24th and was recommended for denial by a vote of 3-2. The Code requires that a first accessory building shall not exceed 100% of the first floor area of the dwelling unit or exceed a maximum of 1,000 square feet. The public purpose was to maintain the residential quality of a neighborhood by limiting the size of accessory structures. The foundation of the house was 1,037 square feet. The petitioner has stated his hardship was he had two boats, two snowmobiles, six cars, three motorcycles, and needed to get them under cover to prevent vandalism and burglary. Mr. Robertson stated that Darrel Clark had also noted in the staff report that the existing garage does not parallel the side lot line. The front corner is 3 feet from the east lot line and the back corner is 5 feet; therefore, if the variance is approved, the petitioner will have to parallel the addition with the lot line to maintain the minimum 3 foot setback. Mr. Scott Fuerstenberg stated the biggest reason he wanted to build his garage larger was because he has had a lot of vandalism and burglary. A sidewalk and Lake Point Drive run right behind his property, therefore people can see what he owns. He stated he did not have to build as big a gage as was being suggested; he would agree to a size. Mr. Fuerstenberg stated his garage does have a divider in it so about 6 -feet -20- 11 Y •�I N� 19i � • � f 1 of his present garage could not be used for vehicles. To take the wall out, he would have to break up the floor. He stated he knows of two other garages in Fridley that are larger than the first floor areas of the houses. He stated one was at 620 - 57th Avenue and one was at 7210 East River Road. Mr. Fuerstenberg .stated he felt the appearance of his house would be improved. Right now he has a lot of vehicles sitting in the driveway that would be stared in the garage. He stated the neighbors on both sides of him are not dosed to the garage. If he were limited to 1,000 square foot garage, he could probably fit a very short vehicle in it at the most, because of the divider in the garage. Councilman Billings stated one point in Mr. Fuerstenberg's favor was that he presently has a 77 foot driveway and the garage extension would cover up sane of the blacktop he has now and would not be taking up any existing green space. The prcblen he had if this variance was granted was what kind of potential buyer would be attracted to this property with a garage that is 200 square feet larger than the house? Councilman Schneider and Councilwoman Jorgenson stated that was Mr. Fuerstenb rg' s prcbl ern, not the City's. Councilman Billings stated it was almost like putting a sign in the front yard: "For Sale: Back yard mechanics, apply within". Councilman Billings stated that based on the fact that he and his wife sold the property to Mr. Fuerstenberg about two years ago, he would abstain from the voting. NDTION by Councilman Fitzpatrick to concur with the recamnendation of the Appeals Cawdssion and approve Variance, VAR #88-11, to increase the maximum allowable square footage of a garage from 1,000 square feet to 1,218 square feet on Lot 16, Block 10, Donnay Lake View Addition, the same being 550 - 57th Avenue N.E. with no stipulations. Seconded by Councilman Schneider. Upon a voice vote, Councilman Billings abstaining, Mayor Nee declared the motion carried. . RECEIVE THE DO TES OF THE EZ► AOL* -W *lip NDTION by Councilman Schneider to receive the May 19, , CATV Advisory Ccmnission minutes. Seconded by Councilwoman iprgefison. Upon a voice vote, all voting aye, Mayor Nee declared the mot' carried unanimously. RECESS: Mayor Nee called a rec at 10:00 p.m. RE�NVE[Ea: reconvened the meeting at 10:15 p.m. All Councilmembers were -21- 832321 CM Num6xic�T� ,� Grantor ,. • � Grantae,,� Recorded _ Chec Margin CA Tr. 0 c. 0 CL OFFICE OF COUNTY RECORDER STATE OF MINNESOTA, COUNTY OF ANOKA I hereby certify that the within instrw Ment was tiled in this office for record on the NOV 2 g 1988 40 -o'clock , and was duty recorded Lk Goa �endar BY D�prh City of Fridley Community Development Dept. 6431 University Ave. N. E. Fridley, MN 55432 FRIDLEY CITY OF JUNE 20, 1988 the traffic could go back to 52nd. Maybe they could also widen out the east driveway entrance and allow traf f is in and out. This would allow for more stacking space on 52nd. So, her suggestion would be to eliminate the western exit altogether, have an alternative exit on the north side of the property, and the eastern driveway be widened and be both ingress and egress. Mr. Galush stated he would hate to see the western driveway dosed in case there was real congestion in the mall, but he would have noAjection if the mall,was willing to permit TCF to have another easement/on the north to cross over and go back out that way. Councilman Billings asked about TCF's timetable. Mr. Galosh stated they were hoping to start constrYI tion in July, but that did not seem to feasible now with the mal and motel going into receivership. Councilman Billings asked if Mr. Galush w uld have any problem if the Cbuncil were to decide to table this for weeks. Mr. Galush stated he would have no problef with that. MXTON by Councilman Billings totable consideration of Variance, VAR #88-09, until the next City Council eting and to direct the Public Works Department to look into the possib' ity of increasing the timing of the light an 52nd; and to direct stafnt f 90 out on Friday evening and/or Saturday morning to observe the presetraffic situation and how the proposed changes would impact the traffi and to work with Skywood on some kind of northern exit. This infoanati to be brought back to the City Council at their next regular meeting., nded by Councilwoman Jorgenson. Upon a voice vote, all voting ay�, Mayor Nee declared the motion carried unanimously. 7 A-3. CCNSIDERATIONjOF A VARIANCE, VAR #88-10, TO REDUCE THE SIDE YARD SETBACK ON A CORNER DOT FROM 17.5 FEET TO 5.5 FEET TO ALLOW AN AD ITION TO AN EXISTING ATTACHED GARAGE, THE SAME BEING 1357 64TH AVENUE N.E., BY JOE NELSON: Mr. Robertson, 'ty Develcgnent Director, stated the Appeals Commission heard this reque t on May 24 and recommended approval with a 4-1 vote. The petitioner was sing to add 12 feet mto the east side of his existing garage and the garage back double deep. The additional garage space would be 582 a feet for a total garage area of 1,000 square feet. In order to do this, he must have a side yard variance frau 17.5 feet to 5.5 feet. The petitioner's lot was a corner lot of which the side street is unimprov The right-of-way for this proposed street was 50 feet wide, 34 feet of hick was on frau Mr. Nelson's lot during a farmer lot split. The Ci has no iumuediate plans to improve the street and may never do so. Cou ncellman Schneider stated he had visited the property and he did not see any problem with agreeing with the Appeals Ca mission and approving the -19- • 0 FR—LEY CITY COMM NOTING OF JUNE 20, 1988 variance. Even if the street went in sometime in the future, th"ddition would not prevent the street fran going in. There might b ' alignment consideration they might want to take into the right -of -way -so there is more green space. ,s Mr. Flora, Public Works Director, stated the 9FO discussion for this area bas been the potential drainage system �f'�r�' the storm sewer system up on Mississippi Street, and that could prcbply be handled in the alley portion. NOTION by Councilman Schneider concur with the recommendation of the Appeals Cannission and grantvarl'arnce, VAR #88-10, to reduce the side yard setback on a corner lot f 17.5 feet to 5.5 feet to allow an addition to an existing garage 1 ed an Lot 20, Block 1, Spring Valley Addition, the same being 1357 - th Avenue N.E., with no stipulations. Seconded by Councilman Fitz ick. Upon a voice vote, Councilman Billings voting nay, Mayor Nee dec the motion carried. i�r" Billings stated he just thought 5.5 feet was too close to a road was likely to go in in the future. He thought that as a city develops, should plan their variances forever and not just for the short tear. A-4. ODNSIDERATION OF A VARIANCE, VAR #88-11, TO INCREASE THE MAXIMUM ALLOWABLE SQUARE FOOTAGE OF A GARAGE FROM 1,000 SQUARE FEET TO 1.248 SOUARE FEET (ALSO EXCEEDS THE SOUARE FOOTAGE OF THE FIRST FLOOR AREA OF THE DWELLING UNIT) ON LOT 16, BLOCK 10, DCNNAY LAKE VIEW ADDITION, THE SAME BEING 550 - 57TH AVENUE N.E., BY SCOTT FUERSM3ERG: Mr. Robertson, Conauiity Development Director, stated this was heard by the Appeals C mission on May 24th and was recommended for denial by a vote of 3-2. The Code requires that a first accessory building shall not exceed 100% of the first floor area of the dwelling unit or exceed a maximum of 1,000 square feet. The public purpose was to maintain the residential quality of a neigbborhood by limiting the size of accessory structures. The foundation of the house was 1,037 square feet. The petitioner has stated his hardship was he had two boats, two snowmobiles, six cars, three motorcycles, and needed to get them under cover to prevent vandalism and burglary. Mr. Robertson stated. that Darrel Clark had also noted in the staff report that the existing garage does not parallel the side lot line. The front corner is 3 feet from the east lot line and the back corner is 5 feet; therefore, if the variance is approved, the petitioner will have to parallel the addition with the lot line to maintain the miniman 3 foot setback. Mr. Scott Fuerstenberg stated the biggest reason he wanted to build his garage larger was because he has had a lot of vandalism and burglary. A sidewalk and Lake Point Drive run right behind his property, therefore people can see what he owns. He stated he did not have to build as big a garage as was being suggested; be would agree to a size. Mr. Fuerstenberg stated his garage does have a divider in it so about 6 feet -20- ' 11 M •• I 'MI lyl I • I I 1 of his present garage could not be used for vehicles. 7b take the wall out, he would have to break up the floor. He stated he knows of two other garages in Fridley that are larger than the first floor areas of the houses. He stated one was at 620 - 57th Avenue and one was at 7210 East River Road. Mr. Fuerstenberg stated he felt the appearance of his house would be improved. - Right now he has a lot of vehicles sitting in the driveway that would be stored in the garage. He stated the neighbors on both sides of him are not opposed to the garage. If he were limited to 1,000 square foot garage,.he could probably fit a very short vehicle in it at the most, because of the divider in the garage. Councilman Billings stated one point in Mr. Fuerstenberg's favor was that he presently has a 77 foot driveway and the garage extension would cover up sane of the blacktop he has now and would not be taking up any existing green space. The problem he had if this variance was granted was what kind of potential buyer would be attracted to this property with a garage that is 200 square feet larger than the house? Councilman Schneider and Councilwoman Jorgenson stated that was Mr. Fuerstenb rg's problen, not the City's. Councilman Billings stated it was almost like putting a sign in the front yard: "For Sale: Back yard mechanics, apply within". Councilman Billings stated that based on the fact that he and his wife sold the property to Mr. Fuerstenberg about two years ago, he would abstain from the voting. Mn'ION by Councilman Fitzpatrick to concur with the recommendation of the Appeals Ommission and approve Variance, VAR #88-11, to increase the maximum allowable square footage of a garage from 1,000 square feet to 1,248 square feet on Lot 16, Block 10, Donnay Lake View Addition, the same being 550 - 57th Avenue N.E. with no stipulations. Seconded by Councilman Schneider. Upon a voice vote, Councilman Billings abstaining, Mayor Nee declared the motion carried. 13. RECEIVE THE Mnq= OF THE CATV ADVISORY CaWnSSION M1MTI G OF MAY 19, 1988: MYrION by Councilman Schneider to receive the May 191 1988 Advisory Cawdssion minutes. Seconded by Cbuncilwanan Jorgens . Upon a voice vote, all voting aye, Mayor Nee declared the motion 'ed unanimously. RECESS: Mayor Nee called a recess a :00 p.m. RECONVENED: Mayor Neem evened the meeting at 10:15 p.m. All Councilmembers were -21- FRIDLEY CITY MUN OF JUNE 20, 1988 14. CONSIDERATION OF RESOLUTION NO. 48-1988 ERrEMING A SUBDIVISION, LO.L L.S. #86-09, VANI'ACM CDMPANIES: Mr. Robertson stated this was previously granted December 22, 1986, after some lengthy negotiations to make sure the original ,intent of the development agreement, the site plans, etc., would be carried through by a subsequent owner even if the lot split. At that time, the petitioner said they had agreed to all previous stipulations attached (the exhibit in agenda page 14-B); however, it was pointed out at this time that the petitioner had never actually signed the "Action Taken" letter. Apparently, it was an oversight at that time, and the entire split was newer recorded, and the anginal resolution became null and void 6 months anter the approval. These are the original stipulations. He had worked wity Virgil Herrick to make sure that these stipulations and the amendments to the development agreement as shown in the agenda were in recordable firm. Mr. Kelly Doran from Vantage Company was at the meeting representing the petitioner and would be willing to answer any questions the Council might have. Mr. Doran stated he felt what they have here is a fairly prefunct ory step. The original intent when they applied for this about a year ago was that they contemplated a sale of the Wholesale Club as part of /a package sale of about seven Wholesale Clubs, and that transaction never took place. Now a new transaction has come up of a similar nature and they are asking that this be approved to facilitate that transaction and the lot split of the property. Mr. Qureshi, City Manager, stated thet as the City Council remembers, this area was approved as a comprehensive development. His recommendation to staff was the compromise still p ides for that and even though a piece of property is sold, it still requiryes that the development be consistent with what was approved by the Cit "Council previously. Also, it was his m understanding that this ateri was recorded at the County so whoever owns the property will know what stipulations are. MYrION by Councilman Billings to adopt Resolution No. 48-1988 extending a subdivision, lot split, L.,. #86-09, Vantage Companies, with the following stipulations: 1. Future construction to the north of the Wholesale Club to be located five afeet north of the new property line. 2. Existing d future building to be connected by a covered pedestri walkway; the intervening 65 foot space to be utilized for a strian plaza with extensive landscaping. 3. A pavId access road of 20 foot minimum width with appropriate radii be p ided around the entire perimeter of the building complex (including future buildings) to provide fire access. 4. 1 subsequent buildings and pedestrian walkways to be contiguous as to create an integrated shopping center. 5/ The facades and canopies of subsequent buildings and parking areas / to be of equal or better visual quality and materials as specified -22- ♦ FR MLEY CI7T=MAkMMUOF JUNE 20, 1988 of his present garage could not be used for vehicles. To take the wall out, he would have to break up the floor. He stated he knows of two other garages in Fridley that are larger than the first floor areas of the houses. He stated one was at 620 - 57th Avenue and one was at 7210 East River Road. Mr. Fuerstenberg stated he felt the appearance of his house would be improved. ,Ridit now he has a lot of vehicles sitting in the driveway that would be stored in the garage. He stated the neighbors on both sides of him are not apposed to the garage. If he were limited to 1,000 square foot garage,.he could probably fit a very short vehicle in it at the most, because of the divider in the garage. Councilman Billings stated one point in Mr. Fuerstenberg's favor was that he presently has a 77 foot driveway and the garage extension would cover up sane of the blacktop he has now and would not be taking up any existing green space. The problem he had if this variance was granted was what kind of potential buyer would be attracted to this property with a garage that is 200 square feet larger than the house? Councilman Schneider and Councilwaman Jorgenson stated that was Mr. Fuerstenb rg's problem, not the City's. Councilman Billings stated it was almost like putting a sign in the front yard: "For Sale: Back yard mechanics, apply within". Councilman Billings stated that based on the fact that he and his wife sold the property to Mr. Fuerstenberg about two years ago, he would abstain from the voting. lv=ON by Councilman Fitzpatrick to concur with the recommendation of the Appeals Ccardssion and approve Variance, VAR #88-11, to increase the maximiun allowable square footage of a garage from 1,000 square feet to 1,248 square feet on Lot 16, Block 10, Donnay Lake View Addition, the same being 550 - 57th Avenue N.E. with no stipulations. Seconded by Councilman Schneider. Upon a voice vote, Cotuicilman Billings abstaining, Mayor Nee declared the motion carried. 13. RECEIVE THE MD=S OF THE CATV ADVISORY _CO MSSION MEETING OF MAY 19, 1988: MYPION by Councilman Schneider to receive the May 19, 1988 Advisory Clannission minutes. Seconded by Councilwoman Jorge�.,= pon a voice vote, all voting aye, Mayor Nee declared the motion unanimously. RECESS: Mayor Nee called a recess a :00 p.m. RECtONVENED: Mayor Nee �nvthe meeting at 10:15 p.m. All Councilmembers were -21- FRIDIEY CITY OWN OF JUIN 20, 1988 14. CONSIDERATION OF RESOLUTION NO. 48-1988 EXMMnr.7 A SUBDIVISION, LOT SPLIT, L.S. #86-09, VANTAGE CDMPANIES: Mr. Robertson stated this was previously granted December 221, 1986, after some lengthy negotiations to make sure the original ;intent of the development agreement, the site plans, etc., would be carried through by a subsequent owner even if the lot split. At that time, the petitioner said they had agreed to all previous stipulations attached (the exhibit in agenda page 14-B); however, it was pointed out at this time "t the petitioner had never actually signed the "Action Taken" letter. Apparently, it was an oversight at that time, and the entire split was never recorded, and the original resolution became null and void 6 months after the approval. These are the original stipulations. He had worked wit Virgil Herrick to make sure that these stipulations and the amendments to the development agreement as shown in the agenda were in recordable firm. Mr. Kelly Doran from Vantage Canpany was at the meeting representEj the petitioner and would be willing to answer any questions the Councilhthave. Mr. Doran stated bbe felt what they have here is a fairly prefun�y step. The anginal intent when they applied for this about a year aqo was that they contemplated a sale of the Wholesale Club as part of bra package sale of about seven Wholesale Clubs, and that transaction never took place. Now a new transaction has come up of a similar nature and they are asking that this be approved to facilitate that transaction and the lot split of the property. Mr. Qureshi, City Manager, stated that as the City Council remembers, this area was approved as a comprehensive development. His recommendation to staff was the compromise still prides for that and even though a piece of property is sold, it stillrequi es that the development be consistent with what was approved by the Cit 'Council previously. Also, it was his understanding that this mat eri was recorded at the County so whoever owns the property will know what stipulations are. NOTION by Councilman Billings to adopt Resolution No. 48-1988 extending a subdivision, lot split, L�. #86-09, Vantage C meanies, with the following stipulations: 1. Future construction to the north of the Wholesale Club to be located five eet north of the new property line. 2. Existing d future building to be connected by a covered pedestri walkway; the intervening 65 foot space to be utilized for a strian plaza with extensive landscaping. 3. A paved access road of 20 foot min-hm n width with appropriate radii n ided around the entire perimeter of the building complex ing future buildings) to provide fire access. 4.sequent buildings and pedestrian walkways to be contiguous o create an integrated shopping center. 5� The facades and canopies of subsequent buildings and parking areas to be of equal or better visual quality and materials as specified -22-