VAR 97-09STATE OF MINNESOTA
COLTVTY OF ANOKA ) •
CITY OF FRIDLEY )
In the Matter of: a variance, VAR #97-09
Owner: Carol K. and Joseph G. Rohe
APPEALS COMMISSION PROCEEDINGS
0 VARIANCE
The above entitled matter came before the Appeals Commission of the City of
Fridley and was heard on the 25th day of June 19 97 , on
a petition for a variance pursuant to the City of Fridley's Zoning Ordinance,
for the following described property:
To reduce the side yard setback from 10 feet to 5.9 feet to allow the construction
of a three -season porch on Lot 14, Block 9, Christie Addition, generally located at
632 - 63rd Avenue N.E.
d,4
IT IS ORDERED that a variance be granted as upon the following conditions or
reasons:
Approved with one stipulation. See Appeals Commission meeting minutes dated
June 25, 1997.
STATE OF MINNESOTA )
COUNTY OF ANOKA ) OFFICE OF THE CITY CLERK
CITY OF FRIDLEY )
I, William A. Champa, 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 'w4ole' thereof.
IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at the City of
FridLe Minnesota, in the County of Anoka on the (��K day of
19 97
DRAFTED BY:
City of Fridley
6431 University Avenue N.E.
Fridley, MN 55432
William A. Champa, City C erk €�;k
q O
nm r
Variances are valid for a period of one year following approval , allAbe
considered void if not used within that period_ :�,', �"� .r '.�;•
•
APPEALS COMMISSION MEETING, J NE 25, 1997 PAGE 7
as a safety hazard. He did not s e a big problem in not making them move. the sign to be
in compliance. Having approved is at one point is certainly an element in this situation.
He would recommend approval. a would recommend a stipulation that the City be held
harmless.
MO ION by Dr. Vos, seconded b Ms. Mau, to recommend approval of Variance
Request, VAR #97-08, by George W. Klus, W. W. Klus Realty, to increase the maximum
area of a sign from 80 square feet t 130 square feet to allow the replacement of an
existing pylon sign; and to reduce the s tback from 10 feet to 0 feet, on Lots 4, 5, 6, 7, 8,
Block 3, University Industrial Park, ge erally located at 7920-7990 University Avenue
N.E., with the following stipulations:
1. No additional pylon signs ar to be allowed on either of the two parcels.
2. If the parcels are separated at later date, the sign must come into
compliance with the code.
3. The City is relieved from all liabil caused by the sign being located in its
proposed position and overhangi g the boulevard.
UPON A VOICE VOTE, ALL VOTING AYE, AIRPERSON KUECHLE DECLARED
THE MOTION CARRIED UNANIMOUSLY.
Ms. McPherson. stated the City Council would cons\der this request on July 14, 1997.
2. PUBLIC HEARING: CONSIDERATION OF VARIANCE REQUEST VAR #97-09
BY JOSEPH ROHE:
Per Section 205.07.03.D.(2).(a) of the Fridley Zoning Code, to reduce the side
yard setback from 10 feet to 5.9 feet to allow the construction of a three -season .
porch on Lot 14, Block 9, Christie Addition, the same being 632 - 63rd Avenue
N.E.
MOTION by Ms. Mau, 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 8:00 P.M.
Ms. McPherson stated the request is to reduce the side yard setback from 10 feet to 5.9
feet at 632 - 63rd Avenue. If approved, the petitioner is proposing to construct a three -
season porch attached to the rear of the attached garage. Located on the subject parcel
is a single family dwelling unit with an attached two -car garage. The dwelling was
constructed in 1957. The property is located on 63rd Avenue slightly west of Madison
Street and abuts the Commons Park/Middle School complex. The property is zoned R-1,
Single Family.
0 ' 0
APPEALS COMMISSION MEETING, JUNE 25, 1997 PAGE 8
Ms. McPherson stated that located behind the garage is a 16 foot x 22 foot covered but
unenclosed patio area which consists of a fiberglass roof supported by posts and a patio
block floor. The petitioner's proposed porch could be moved 4.1 feet to the east to
comply with the setback requirement; however, this would conflict with the garage
window. The garage window could be relocated to eliminate this conflict. In addition, the
petitioner could move the porch further to the east than the 4.1 feet which would then
enclose the service door to the garage and a kitchen window which would prevent light
from coming in the kitchen window. The building code, however, would not prohibit such
an alternative. The inspection department expressed the concern of a possible
conversion of this three -season to a four -season porch. There is more upgrade in the
building code which would need to be addressed if this were to occur.
Ms. McPherson stated the request is within previously granted requests. Staff therefore
has no recommendation for the Appeals Commission. If the Appeals Commission
chooses to approve the request, staff recommends the following stipulation:
1. If the three -season porch is converted to four -season living space,
appropriate permits must be applied for and the conversion must comply
with all appropriate building and fire codes.
Mr. Kuechle stated he assumes from the survey that there is a 10 -foot separation
between the petitioner and the adjacent property to the west.
Ms. McPherson stated, yes.
Ms. Mau asked if staff had received any comments regarding the request.
Ms. McPherson stated staff received one returned public hearing notice in the mail which
had a comment from the Lees at 644 - 63rd Avenue stating they have no objection to the
request. Staff did not receive any comments from the property owner to the west.
Dr. Vos stated he noticed on the survey that the construction of the proposed porch
addition is setback from the garage wall.
Ms. McPherson stated this is correct. There is actually a 0.2 foot change from the front
corner of the garage to the rear comer.
Mr. Rohe stated one reason he is asking for the variance is because the existing patio
roof and block is in need of repair. Rather than spend additional money on that, he would
prefer to put something up that is more permanent. He first planned to come off flush with
the back of the garage. They are now planning to move the proposed porch about 2 feet.
It will match the house and have the same overhang. Really, he is asking for a variance
of about 2 feet. Instead of a setback at 5 feet it will be closer to 8 feet away from the lot
line. He would like to keep the window open to the kitchen for the light.
APPEALS COMMISSION MEETING, JUNE 25, 1997 PAGE 9
Dr. Vos asked if they would be going in front of the garage service door.
Mr. Rohe stated, no. They would be coming out flush with that side of the garage
overhang near the service. That will give some additional room by the lot line.
Mr. Kuechle asked what type of roof the porch would have.
Mr. Rohe stated the roof would be the same as the existing garage. It will tie back in with
the existing garage roof.
Ms. McPherson showed the drawings for the proposed addition.
Ms. Mau stated the neighbor to the west is close. She asked if the petitioner had
received any comments.
Mr. Rohe stated he talked to the neighbor to the west, and he had no problem. He was
most concerned about the neighbor to the west, and he talked to that neighbor before
requesting the variance.
Dr. Vos stated the neighbor to the west has a 10 -foot setback from the property line and
the porch is about 8 feet away so there will be :18 feet from the porch to the neighbor's
home.
Mr. Rohe stated he would leave an area on the west side of the porch without windows so
no light would shine into the neighbor's home.
Mr. Gilbertson stated he lives across the street from the petitioner. Knowing the neighbor
to the west, there is no problem. They would have sent in a notice but they have no
problem with the building or the variance. He thought the porch would be an
enhancement to the existing property without causing any problems. He has no problem
with the request.
MOTION by Ms. Mau, seconded by Dr. Vos, to close the public hearing.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED
THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:13 P.M.
Dr. Vos stated he thought "the petitioner was sensitive to the needs of the neighbors. He
came in to staff and made adjustments to their plans. He thought it was a good reaction.
Ms. Mau stated she had no problem with the request. Any time you can improve your
property and there is no problem with the neighbors, she has no objection.
Mr. Kuechle stated he thought this was a well thought out addition. It has been done with
sensitivity to the impact of the neighborhood. He would recommend approval.
•
•
APPEALS COMMISSION MEETING, JUNE 25, 1997 PAGE 10
M T N by Ms. Mau, seconded by Dr. Vos, to approve Variance Request, VAR #97-09,
by Joseph Rohe, to reduce the side yard setback from 10 feet to 5.9 feet to allow the
construction of a three -season porch on Lot 14, Block 9, Christie Addition, the same
being 632 - 63rd Avenue N.E., with the following stipulation:
1. If the three -season porch is converted to four -season living space,
appropriate permits must be applied for and the conversion must comply
with all appropriate building and fire codes.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED
THE MOTION CARRIED UNANIMOUSLY.
3. UPDATE ON PLANNING COMMISSION AND CITY COUNCIL ACTIONS
Mr. Hickok provided an update on Planning Commission and City Council actions.
4. VACANCY
Mr. Kuechle stated Ms. Savage had resigned from the Appeals Commission. He asked if
steps had been taken to fill the vacancy.
Mr. Hickok stated that at their last meeting, the City Council suggested someone to fill the
vacancy. When that person is contacted and agrees, staff will let the Commission know.
ADJOURNMENT:
OT ON by Dr. Vos, seconded by Ms. Mau, to adjourn the meeting.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED
THE MOTION CARRIED AND THE JUNE 25, 1997, APPEALS COMMISSION
MEETING ADJOURNED AT 8:18 P.M.
Res ectfully sub itted,
Lavonn Cooper
Recording Secretary
ABS
Raceipl # 19-
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DOCUMERO. ,
1287693.0 ABSTRACT
ANOKA COUNTY MINNESOTA
I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS FILED IN THIS OFFICE
FOR RECORD ON JUL 18 97
AT 5:00 PM AND WAS DULY RECORDED.
FEES AND TAXES IN THE AMOUNT OF $19.50 PAID.
RECEIPT N0. 97048851
EDWARD M. TRESKA
ANOKA COUNTY PROPERTY TAX ADMINISTRATOR/RECORDER/REGISTRAR OF TITLES
EIC
9Y
DEPUTY PROPERTY TAX ADMINISTRATOR/RECORDER/REGISTRAR OF TITLES
a
CITY OF
FRIDLEY
FRIDLEY MUNICIPAL CENTER - 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 • (612) 571-3450 - FAX (612) 571-1287
APPEALS COMMISSION
ACTION TAKEN NOTICE
Joseph Rohe
632 - 63' Avenue N.E.
Fridley, MN 55432
Dear Mr. Rohe:
June 26, 1997
On June 25, 1997, the Fridley Appeals Commission officially approved your request for
a variance, VAR #97-09, to reduce the side yard setback from 10 feet to 5.9 feet to allow
the construction of a 14 foot by 16 foot enclosed three -season porch on Lot 14, Block 9,
Christie Addition, the same being 632 - 63' Avenue N.E. with the following stipulation:
-r
1. If the three -season porch is converted to four -season living space, appropriate
permits must be applied for and the conversion must comply with all appropriate
building and fire codes.
You have one year from the date of the Appeals Commission action to initiate
construction. If you cannot begin construction in time, you must submit a letter
requesting an extension at least three weeks prior to the expiration date.
If you have any questions regarding the above action, please call me at 572-3593.
Sincerely,
Michele McPherson
Planning Assistant
MM:ls
Please review the above, sign below, and return the original to the City of Fridley
Planning Department by July 9, 1997.
Concur with action taken.
r1
as a safety hazard. He did not s e a big problem in not making them move the sign to be
in compliance. Having approved his at one point is certainly an element in this situation.
He would recommend approval. a would recommend a stipulation that the City be held
harmless.
MOTION by Dr. Vos, seconded y Ms. Mau, to recommend approval of Variance
Request, VAR #97-08, by George Klus, W. W. Klus Realty, to increase the maximum
area of a sign from 80 square feet o 130 square feet to allow the replacement of an
existing pylon sign; and to reduce the etback from 10 feet to 0 feet, on Lots 4, 5, 6, 7, 8,
Block 3, University Industrial Park, g nerally located at 7920-7990 University Avenue
N.E., with the following stipulations:
1 • No additional pylon signs ate to be allowed on either of the two parcels
2. If the parcels are separated t a later date, the sign must come into
compliance with the code.
3. The City is relieved from all Iia ility caused by the sign being located in its
proposed position and overha ing the boulevard.
UPON A VOICE VOTE, ALL VOTING AY CHAIRPERSON KUECHLE DECLARED
THE MOTION CARRIED UNANIMOUSLY.
Ms. McPherson. stated the City Council would nsider this request on July 14, 1997.
2. PUBLIC HEARING: CONSIDERATION OF VARIANCE REQUEST V R #97-09
BY JOSEPH ROHE:
Per Section 205.07.03.D.(2).(a) of the Fridley Zoning Code, to reduce the side
yard setback from 10 feet to 5.9 feet to allow the construction of a three -season
porch on Lot 14, Block 9, Christie Addition, the same being 632 - 63rd Avenue
N.E.
MOTION by Ms. Mau, 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 8:00 P.M.
Ms. McPherson stated the request is to reduce the side yard setback from 10 feet to 5.9
feet at 632 - 63rd Avenue. If approved, the petitioner is proposing to construct a three -
season porch attached to the rear of the attached garage. Located on the subject parcel
is a single family dwelling unit with an attached two -car garage. The dwelling was
constructed in 1957. The property is located on 63rd Avenue slightly west of Madison
Street and abuts the Commons Park/Middle School complex. The property is zoned R-1,
Single Family.
APPEALS COMMISSION MEETING, JUNE 25, 1997 PAGE 8
Ms. McPherson stated that located behind the garage is a 16 foot x 22 foot covered but
unenclosed patio area which consists of a fiberglass roof supported by posts and a patio
block floor. The petitioner's proposed porch could be moved 4.1 feet to the east to
comply with the setback requirement; however, this would conflict with the garage
window. The garage window could be relocated to eliminate this conflict. In addition, the
petitioner could move the porch further to the east than the 4.1 feet which would then
enclose the service door to the garage and a kitchen window which would prevent light
from coming in the kitchen window. The building code, however, would not prohibit such
an alternative. The inspection department expressed the concern of a possible
conversion of this three -season to a four -season porch. There is more upgrade in the
building code which would need to be addressed if this were to occur.
Ms. McPherson stated the request is within previously granted requests. Staff therefore
has no recommendation for the Appeals Commission. If the Appeals Commission
chooses to approve the request, staff recommends the following stipulation:
If the three -season porch is converted to four -season living space,
appropriate permits must be applied for and the conversion must comply
with all appropriate building and fire codes.
Mr. Kuechle stated he assumes from the survey that there is a 10 -foot separation
between the petitioner and the adjacent property to the west.
Ms. McPherson stated, yes.
Ms. Mau asked if staff had received any comments regarding the request.
Ms. McPherson stated staff received one returned public hearing notice in the mail which
had a comment from the Lees at 644 - 63rd Avenue stating they have no objection to the
request. Staff did not receive any comments from the property owner to the west.
Dr. Vos stated he noticed on the survey that the construction of the proposed porch
addition is setback from the garage wall.
Ms. McPherson stated this is correct. There is actually a 0.2 foot change from the front
comer of the garage to the rear comer.
Mr. Rohe stated one reason he is asking for the variance is because the existing patio
roof and block is in need of repair. Rather than spend additional money on that, he would
prefer to put something up that is more permanent. He first planned to come off flush with
the back of the garage. They are now planning to move the proposed porch about 2 feet.
It will match the house and have the same overhang. Really, he is asking for a variance
of about 2 feet. Instead of a setback at 5 feet it will be closer to 8 feet away from the lot
line. He would like to keep the window open to the kitchen for the light.
•
0
APPEALS COMMISSION MEETING, JUNE 251997 PAGE 9
Dr. Vos asked if they would be going in front of the garage service door.
Mr. Rohe stated, no. They would be coming out flush with that side of the garage
overhang near the service. That will give some additional room by the lot line.
Mr. Kuechle asked what type of roof the porch would have.
Mr. Rohe stated the roof would be the same as the existing garage. It will tie back in with
the existing garage roof.
Ms. McPherson showed the drawings for the proposed addition.
Ms. Mau sti+tted the neighbor to the west is close. She asked if the petitioner had
received any comments.
Mr. Rohe stated he talked to the neighbor to the west, and he had no problem. He was
most concerned about the neighbor to the west, and he talked to that neighbor before
requesting the variance.
Dr. Vos stated the neighbor to the west has a 10 -foot setback from the property line and
the porch is about 8 feet away so there will be 18 feet from the porch to the neighbor's
home.
Mr. Rohe stated he would leave an area on the west side of the porch without windows so
no light would shine into the neighbor's home.
Mr. Gilbertson stated he lives across the street from the petitioner. Knowing the neighbor
to the west, there is no problem. They would have sent in a notice but they have no
problem with the building or the variance. He thought the porch would be an
enhancement to the existing property without causing any problems. He has no problem
with the request.
MOTION by Ms. Mau, seconded by Dr. Vos, to close the public hearing.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED
THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:13 P.M.
Dr. Vos stated he thought "the petitioner was sensitive to the needs of the neighbors. He
came in to staff and made adjustments to their plans. He thought it was a good reaction.
Ms. Mau stated she had no problem with the request. Any time you can improve your
property and there is no problem with the neighbors, she has no objection.
Mr. Kuechle stated he thought this was a well thought out addition. It has been done with
sensitivity to the impact of the neighborhood. He would recommend approval.
0
APPEALS COMMISSION MEETING, JUNE 25, 1997 PAGE 10
MOTION by Ms. Mau, seconded by Dr. Vos, to approve Variance Request, VAR #97-09,
by Joseph Rohe, to reduce the side yard setback from 10 feet to 5.9 feet to allow the
construction of a three -season porch on Lot 14, Block 9, Christie Addition, the same
being 632 - 63rd Avenue N.E., with the following stipulation:
1. If the three -season porch is converted to four -season living space,
appropriate permits must be applied for and the conversion must comply
with all appropriate building and fire codes.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED
THE MOTION CARRIED UNANIMOUSLY.
3. UPDATE ON PLANNING COMMISSION AND CITY COUNCIL ACTIONS
Mr.. Hickok provided an update on Planning Commission and City Council actions.
4. VACANCY
Mr. Kuechle stated Ms. Savage had resigned from the Appeals Commission. He asked if
steps had been taken to fill the vacancy.
Mr. Hickok stated that at their last meeting, the City Council suggested someone to fill the
vacancy. When that person is contacted and agrees, staff will let the Commission know.
ADJOURNMENT:
MOTION by Dr. Vos, seconded by Ms. Mau, to adjourn the meeting.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED
THE MOTION CARRIED AND THE JUNE 25, 1997, APPEALS COMMISSION
MEETING ADJOURNED AT 8:18 P.M.
Res, ectfully sub fitted,
L
Lavonn Cooper
Recording Secretary
CITYOF - CITY OF FRIDLEY
FRIDLEY COMMISSION APPLICATION REVIEW
File Number 17 File Date --jLjQLjL . Meeting Date 6/25/97
Description: YAR #97-09 by Joseph Rohe
Variance to construct a 3 -season porch
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
CITY OF FRIDLEY PROJECT SUMMARY
DESCRIPTION OF REQUEST:
The petitioner, Joseph Rohe, requests that a variance be granted to reduce the side yard
setback from 10 feet to 5.9 feet. If approved, he proposes to construct a 14 foot by 16 foot
enclosed three -season porch attached to the rear of his two -car attached garage. The porch
would have a wood deck floor, shingled roof, and be enclosed with screen windows (see
attached picture).
HARDSHIP STATEMENT:
See attached statement dated May 30, 1997.
SUMMARY OF ISSUES:
Section 205.07.03.D.(2).(a) requires a side yard of 10 feet between any living area and side
properly line.
Public purpose served by this requirement is to maintain a minimum of 20 feet between living
areas in adjacent structures and 15 feet between garages and living areas in adjacent
structures to reduce the possibility of fire and to allow for aesthetically pleasing open areas
around residential structures.
Located at the rear of the garage is a 16 foot by 22 foot covered and unenclosed patio area.
This area is screened from the west via a deciduous hedge and is in line with the west wall of
the garage. The proposed porch would be set back one foot from the west wall of the garage.
The 10 foot setback would place the garage in the middle of the garage window. The
petitioner could relocate the proposed three -season porch to avoid the garage windows;
however, this would require enclosing a kitchen window with the porch, diminishing the
amount of natural light. If the porch is converted, it must comply with appropriate building
codes.
The variance request is within previously granted requests.
RECOMMENDATION TO APPEALS COMMISSION:
As the request is within previously granted variances, staff has no recommendation for the
Appeals Commission. If the Commission chooses to approve the request, however, staff
recommends the following stipulation:
1. If the three -season porch is converted to four -season living space, appropriate permits
must be applied for and the conversion must comply with all appropriate building and
fire codes.
Project Summary 0 0
VAR #97-09, 632 - 63`d Avenue, Joseph Rohe
Page 2
PROJECT DETAILS\
Petition For: A variance to reduce the side yard setback from 10 feet to 5.9 feet
Location of
Property: 632 - 63rd Avenue
Legal Description
of Property: Lot 14, Block 9, Christie Addition
Size: 75 feet by 135 feet
Topography: Sloping up the dwelling slightly; rear yard is mostly flat.
Existing Typical suburban; sod, flowers, trees, hedge along west property
Vegetation: line in rear yard
Existing
Zoning/Platting: R-1, Single Family; Christie Addition
Availability
of Municipal
Utilities: Connected
Vehicular
Access: 63'd Avenue
Pedestrian
Access: N/A
Engineering
Issues: None
Comprehensive The Zoning and Comprehensive Plans are consistent in this
Planning Issues: location.
Public Hearing
Comments: To be heard
Project Summary 0
VAR #97-09, 632 - 631 Avenue, Joseph Rohe
Page 3
ADJACENT SITES:
WEST: Zoning: R-1, Single Family Land Use: Residential
SOUTH:
Zoning:
P, Public
Land Use:
Park/school
EAST:
Zoning:
R-1, Single Family
Land Use:
Residential
NORTH
Zoning:
R-1, Single Family
Land Use:
Residential
Site Planning
Issues:
REQUEST
The petitioner, Joseph Rohe, requests that a variance be granted to reduce the side
yard setback from 10 feet to 5.9 feet. If approved, he proposes to construct a 14 foot
by 16 foot enclosed three -season porch attached to the rear of the his two -car attached
garage. The porch would have a wood deck floor, shingled roof, and be enclosed with
screen windows (see attached picture).
SITE DESCRIPTION/HISTORY
Located on the property is a single family dwelling unit constructed in 1957. The
dwelling measures 24 feet by 36 feet (864 square feet). In 1965, the building was
repaired due to damage caused by the tomado. A 24 foot by 24 foot (576 square feet)
garage was added in 1971. Located to the rear of the garage is a 16 foot by 22 foot
covered, unenclosed patio area. This patio area is constructed of 6 foot by 12 foot
patio blocks for the floor with a fiberglass roof. The roof is supported by 4 foot by 4 foot
posts and is directly attached to the roof the garage.
The lot is a typical suburban lot enclosed by a split rail fence. A deciduous hedge
approximately 12 feet high separates the property from the adjacent property to the
west. Evergreen trees separate the rear yard from the City's well buildings to the south.
The dwelling to the east has a similar porch addition to the rear of the dwelling;
however, no variances were required to construct the neighbor's porch addition..
ANALYSIS
Code Section
Section 205.07.03.D.(2).(a) requires a side yard setback of 10 feet between any living
area and side property line.
Project Summa
J rY
VAR #97-09, 632 - 63' Avenue, Joseph Rohe
Page 4
Public purpose served by this requirement is to maintain a minimum of 20 feet between
living areas in adjacent structures and 15 feet between garages and living areas in
adjacent structures to reduce the possibility of fire and to allow for aesthetically pleasing
open areas around residential structures.
The petitioner has requested a variance to reduce the side yard setback from 10 feet to
5.9 feet to allow construction of a three -season porch. The petitioner has stated the
location of the garage window as a reason the addition cannot be moved 4.1 feet to the
east to comply with the setback. The garage window, however, could be removed or
relocated in order to accommodate the proposed porch addition. A second reason for
not relocating the proposed addition is that the addition would block sunlight from
entering a comer kitchen window. This construction would not be prohibited by building
code. It is a personal preference of the petitioner, however, to keep as much sunlight
as possible coming through this kitchen window.
The Inspection Department has indicated a concern regarding building and fire codes if
the addition was converted from an unheated three -season porch to a four -season
year-round living condition. To that extent, a stipulation will be suggested to ensure
compliance with building and fire codes.
This request is within previously granted requests.
STAFF RECOMMENDATION TO THE APPEALS COMMISSION
As the request is within previously granted variances, staff has no recommendation for
the Appeals Commission. If the Commission chooses to approve the request, however,
staff recommends the following stipulation:
1. If the three -season porch is converted to four -season living space, appropriate
permits must be applied for and the conversion must comply with all appropriate
building and fire codes.
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LOCATION
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DESCRIBED AS FOLLOWS
5.1 04'r
N
I oop 11
7 1
1 2—
C ZTMCATE OF LOCATION OF BT311,D1, CERTIFICATE OF SURVEY
certify that 19 1 here�w eartify that on—_ 19
ul of the hyeatioa of the buil0ing
, (5) 0.1, surve.;M th,� property desc.rihEAabpve and that the above
proyerzy and that the IoCati0n. Vf 133id
cvrrevuy s1pcwn on bove plat, plat iz2'n cormt of sa�id survey.
?
les Daai! tam
o - one Farily Units
1�2 -Two Eerily Units
R-
N
A
VAR #97-09, 632 -63rd Avenue
�
Q R-3 - General "Pe units
y�,lg7
0 R.4 - Nbbile Harte Pales
® PUD - Plant Ur t Dwebmi rd
o S2 : i
This request, by Joseph Rowe,
� '
o c1 -� Mans
is to reduce the side yard setback
an Ordinartoe Wo. 70 and Zoning effective
� ca - Ga,eral Business
03 -Gem
from 19 to 5.9'. A 3 season porch
�' d "" ' �' °�""
enoes adopted andeffective as of 2/1
Ofu - General Me
o W1 - Uot Industrial
is proposed at the back of the
Q m2 - Heavy Industrial
Q Ma - O td= Intensive Heavy Ind
garage.
The City of Fridley has taken every abq to
Vide the most Up40-date In110111 on 13MISWe.
RR - Railroads
0 P - Rkilc Facilities
The data presented here ism4ed to
The City of Friday Wil rd beresponsible for
® W TER
= F;d -IT-0F-WAY
tatforeseerl errors or usage of this dooumnard.
0
•
CITY OF FRIDLEY PUBLIC HEARING NOTICE
BEFORE THE APPEALS COMMISSION
TO:
Property owners within 350 feet of 632 - 63rd Avenue N.E.
CASE NUMBER:
VAR #97-09
APPLICANT:
Joseph Rohe
PURPOSE.
To construct a three -season porch
LOCATION OF
PROPERTY.
632 - 63rd Avenue N.E.
LEGAL
DESCRIPTION:
Lot 14, Block 9, Christie Addition
DATE AND TIME OF
Appeals Commission Meeting:
HEARING:
Wednesday, June 25, 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 June 18, 1997.
ANY QUESTIONS:
Contact either Scott Hickok, Planning Coordinator, at 572-3599,
or Michele McPherson, Planning Assistant, at 572-3593.
Mailing Date: June 13, 1997
143024420111
NORLAN J & OLIVE H LEE
OR CURRENT RESIDENT
644 63RD AVE N E
FRIDLEY MINI 55432
ri�)
IT
41.
Pnrr-nlc lAithin 'I r -%n' of R'19 R'4rA P
CITY OF FRIDLEY
6431 UNIVERSITY AVENUE
FRIDLEY, MN 55432
(612) 571-3450
COMMUNITY DEVELOPMENT DEPARTMENT
VARIANCE APPLICATION FOR:
_ Residential Commercial/Industrial Sians
PROPERTY INFORMATION: - site plan required for submittal, see attached
Address: X32, 1.3 Avs X. C.
Property Identification Number.
Legal Description: Lot & Block _� Tract/Addition 03#91S 77/C Add, fi®�
Current Zoning: Square footage/acreage: 75x 135
Reason for Variance: fe' 41"L aL ' -t9. L'� ,a C2
Have you operated a b siness 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: ,T®�if a, Wo /-
ADDRESS: 63A 6 v"& . fr .
DAYTIME PHONE: 571- - 7 3 2 5 SIGNATURE/DATE:. �,,
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: Receipt #: By: i(A�
Application Number.
Scheduled Appeals Commission Date:
Scheduled City Council Date:
10 Day Application Complete Notification Date:
60 Day Date:
City of Fridley Land Use
Application Process
60 Day Agency Action Law
Application Date Planning Commission Meeting
60 Day Window Starts Recommendation to Council
21-40 Days
Application Complete
10 Day Notice
Submit Complete Public Hearings:
Application and Variance
Materials Vacations
Lot Splits
Plats
Rezonings
Zoning Amendments
Weiland Replacements
Comprehensive Plan
Special Use Permits
City Council Decision
Approval or Denial
50-60 Days
Public Hearings:
Rezonings
Zoning Amendments
Approved, Action Taken Letter.
Tabled, 60 More Days
Denied
•
•
11
CITY OF FRIDLEY PUBLIC HEARING NOTICE
BEFORE THE APPEALS COMMISSION
TO:
Property owners within 350 feet of 632 - 63`d Avenue N.E.
CASE NUMBER:
VAR #97-09
APPLICANT:
Joseph Rohe
PURPOSE:
To construct a three -season porch
LOCATION OF
PROPERTY:
632 - 63rd Avenue N.E.
LEGAL
DESCRIPTION:
Lot 14, Block 9, Christie Addition
DATE AND TIME OF
Appeals Commission Meeting:
HEARING:
Wednesday, June 25, 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 June 18, 1997.
ANY QUESTIONS:
Contact either Scott Hickok, Planning Coordinator, at 572-3599,
or Michele McPherson, Planning Assistant, at 572-3593.
Mailing Date: June 13, 1997
VAR #97-09, by Joseph Rohe 0 MAILING LIST _ 0 Mailed 6/13/97
143024420072 143024420093 143024420100
JACOBSON GERALD H & DOROTHY DROBNICK JOHN R & ELLEN OSTWALD JEROME W & PATRICIA
OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT
6340 MADISON ST N E 6330 MONROE ST N E 6331 MADISON ST N E
FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432
143024420073 143024420080 143024420094
COPE GLEN L & JANET I MICKELSON PATRICIA K * MONDLOH MAXINE
OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT
6330 MADISON ST N E 6331 JEFFERSON ST N E 6320 MONROE ST N E
FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432
143024420099 143024420074 143024420079
ZIERMAN EILEEN HERMAN EDWARD G & LORRAINE SEGNER CHARLES E & KAREN M
OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT
6321 MADISON ST N E 6320 MADISON ST N E 6321 JEFFERSON ST N E
FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432
143024420054 143024420095 143024420098
YOUSEF DAOUD G & CELESTE R JURISSON NORMA WELCH DIANNE MARIE
OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT
6320 JEFFERSON ST N E 6310 MONROE ST N E 6311 MADISON ST N E
FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432
143024420075 143024420078 143024420055
BAGGENSTOSS LAUREL G HEID RONALD A & PATRICIA J LARSON DONALD L & MARILYN E
OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT
6310 MADISON ST N E 6311 JEFFERSON ST N E 6310 JEFFERSON ST N E
FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432
143024420096 143024420097 143024420076
FRANCK KELLY K & RONALD G SCHOLES SANDRA L GILBERTSON DONALD M & ANNE
OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT
6300 MONROE ST N E 6301 MADISON ST N E 6300 MADISON ST N E
FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432
143024420077 143024420056 143024420107
YERIGAN JAMES M & VICKI L RONO PHILLIP LARRY KELLER DEAN & MARY LOU
OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT
6301 JEFFERSON ST N E 573 63RD AVE N E 692 63RD AVE N E
FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432
143024420108 143024420109 143024420110
EFTEFIELD JENNIFER J STICKLEY MYRON H & BETTY A THOMAS DIANE M
OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT
680 63RD AVE N E 668 63RD AVE N E 656 63RD AVE N E
FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432
143024420111 143024420112 143024420113
NORLAN J & OLIVE H LEE ROHE JOSEPH G & CAROL K STUBBS WILLIAM W & HARRIET
OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT
644 63RD AVE N E 632 63RD AVE N E 620 63RD AVE N E
FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432
143024420114 143024420115 143024420116
WOLF BRIAN L & LORI J JOHNSON KEVIN B & PAULA L MOON ELIZABETH L
OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT
608 63RD AVE N E 596 63RD AVE N E 584 63RD AVE N E
FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432
VAR #97-09
Mailing list - page 2
143024420117
BRITVEN STEPHEN P & LYNN M
OR CURRENT RESIDENT
572 63RD AVE N E
FRIDLEY MN 55432
143024430004
IND SCHOOL DISTRICT #23
OR CURRENT RESIDENT
6000 W MOORE LAKE DR N E
FRIDLEY MN 55432
143024430005
IND SCHOOL DISTRICT #23
OR CURRENT RESIDENT
6000 W MOORE LAKE DR N E
FRIDLEY MN 55432
143024430001
IND SCHOOL DISTRICT #23
OR CURRENT RESIDENT
6000 W MOORE LAKE DR N E
FRIDLEY MN 55432
143024430005
IND SCHOOL DISTRICT #23
OR CURRENT RESIDENT
6000 W MOORE LAKE DR N E
FRIDLEY MN 55432
143024430001
IND SCHOOL DISTRICT #23
OR CURRENT RESIDENT
6000 W MOORE LAKE DR N E
FRIDLEY MN 55432
00024430003
IND SCHOOL DISTRICT #23
OR CURRENT RESIDENT
6000 W MOORE LAKE DR N E
FRIDLEY MN 55432
143024430006
IND SCHOOL DISTRICT #23
OR CURRENT RESIDENT
6000 W MOORE LAKE DR N E
FRIDLEY MN 55432
FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY. MN 55432 • (6 1-2) 571-3450 • FAX (612) 571-1287
June 3, 1997
Joseph Rohe
632 - 63`d Avenue N.E.
Fridley, MN 55432
Dear Mr. Rohe:
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 to reduce the side yard setback on Friday, May 30, 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 June 25, 1997
City Council approval July 14, 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:Is
C-97-93
Date Created:
File Number:
Summary.g R
i
ii
LAND USE APPLICATION
FILE CHECKLIST
MM, 1i— bl,
Date Submitted: : s C11
to
Application Dead[ ne: S W. •11 10 Day Completion Notice: �
(Official Receivin Date)
60 Day Action Dai
I, - understand that While my application was submitted for
(applicant's name)
review on. thea lira#ion de
i of eceivdline is. and the
PP.
60 day action w 1` oir rritJ ro '1*9 n u it I r a letter stati that) y,application is
complete. s
I also understand Oatthe City, may, at any time during the 60 day action window, In
writing, notify me at the prooess will be extended an additional 60 days:
` (Sigma)
I
(wi ssed' by receiver).
Application Found omplete yes_ no
Application Compltion. Notices Mailed:
Scheduled ,Plannin Commission:
Scheduled Appeal , Commission: !o•�
Scheduled City Co ncil: `�• I+91
i
i
a
VARIANCE APPLICATION
SUBMISSION CHECKLIST
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
INITIALS/DATE
Completed application, with fee
(Application is considered complete if
V/
all blanks are completed, and both fee
(9)_t
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
✓
®I �1�
materials.
ll_Narrative of proposed building.
V",
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:
VARIANCE APPLICATION
SUBMISSION CHECKLIST, PAGE 2
SIGNS:
ITEM
Completed application, with fee
(Application is considered complete if
all blanks are completed, and both fee
Cand petitioner have signed)
ITEM
a. undeveloped condition
b. existing condition
c. proposed condition
SUBMITTED
RECEIVER'S
INITIALS
COMPLETE
REVIEWER'S
INITIALS
Calculations for excavation and/or fill.
Utility Map: (If item is nonexistent, note
on plan)
Written response to Section 214.21.02
of the Sign Code.
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 (inverts 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
proposed catch basins
SIGNS:
ITEM
Completed application, with fee
(Application is considered complete if
all blanks are completed, and both fee
Cand petitioner have signed)
SUBMITTED
RECEIVER'S
INITIALS
COMPLETE
REVIEWER'S
INITIALS/DATE
Drawin of proposed sign.
Scaled site plan showing location of
sign, or buildingelevation if wall sign.
Written response to Section 214.21.02
of the Sign Code.
BEN E HIR E
WAWE M WAVE PE
Parcels within 350' of 632 63rd Avenue
63AVE PE