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VAR 92-15I . STATE OF MINNESOTA ) COUNTY OF ANOKA ) CITY OF FRIDLEY ) In the Matter of: a variance, VAR 492-15 Owner: David Gustafson 105813 APPA COMMISSION PROCEEDINGS The above entitled matter came before the Appeals Commissionof the City of Fridley and was heard on the 29th day of June , 19 92 , on a petition for a variance pursuant to the City of Fridley's Zoning Ordinance, for the following described property: To reduce the required side yard setback on a corner lot from 17.5 feet to 15 feet, to allow the construction of a detached accessory structure on Lot 1, Block 3, Eva Erickson River Manor, the same being 110 - 63rd Way N.E. IT IS ORDERED that a variance be granted as upon the following conditions or reasons: Approval with two stipulations. See City Council minutes of June 29, 1992. 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 whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at the City of Fridley, Minnesota, in the County of Anoka on the -3zW day of 19. DRAF D BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 William A. Champa, City/ Clerk " n � w o Cfi n a t SEALY, °6' Variances are valid fora period of one . p year following approval. °, be g . considered void if not used within that period. Sa^" IL FRIDLEY CITY. COUNCIL MEETING OF JUNE 29, 1992 PAGE 11 B. VARIANCE REQUEST, VAR 92-12 BY RONALD ROESSLER TO RED CE THE SIDE YARD SETBACK FROM 10 FEET TO 8 FEET TO ALLOW THE CONSTRUCTION OF A 14 FOOT ADDITION AND BASEMENT UNDER A SINGLE FAMILY DWELLING GENERALLY LOCATED AT 544 FAIRMONT STREET N.E.: MOTION by Councilman Fitzpatrick to grant Variance// Request, VAR #92-12, to reduce the side yard setback from 10 to 8 feet. Seconded by Councilwoman Jorgenson. Upon a voice vot , all voting aye, Mayor Nee declared the motion carried unanimous y. C. VARIANCE REOUEST. VAR 192 - LOCATED AT 991 67TH AVENUE N.E.: MOTION by Councilman Billings to grant, Variance Request, VAR #92-14, to reduce the front yard setback'from 35 to 17.5 feet. Seconded by Councilman Fitzpatrick. Councilman Billings stated that this structure would be in line with the other homes on the block. Councilwoman Jorgenson stated thatnumber of other variances of this magnitude have not been approld. C Councilman. Billings stated that i'f the variance is not granted this would be the only home that would be set back 52 feet from the curb line of the street. He felt that this is one of the few cases that meets the definition for what a variance is intended. UPON A VOICE VOTE TAKEN O THE ABOVE MOTION, Councilman Billings, Councilman Fitzpatrick, nd Mayor Nee voted in favor of the motion. Councilwoman Jorgenso voted against the motion. Mayor Nee declared the motion carried by a 3 to 1 vote. D. Mr. Van De Berg, of Comstrand, Inc., stated that he would be moving his usiness from St. Anthony to Fridley. Council n Billings asked how many people he employs, to which Mr. Van De Berg stated he has nine employees. MOT N by Councilman Billings to grant Variance Request, V 4 92-13, to reduce the side corner setback from ,80 to 20 feet d to reduce the minimum lot area of 35,000 square feet to 30,000 square feet, with the following stipulations: (1) the building shall be architecturally compatible with the bank and office buildings; (2) the petitioner shall subm' a landscape plan which. complies with the Zoning Code and wh' shall be approved by City staff prior to issuance of a buil g permit. The plan shall also include underground irrigatio and (3) the petitioner shall submit a bond in the amount of 3 rcent of construction value to ensure completion of the outdo improvements. Seconded by Councilwoman Jorgenson. Upon a v 'ce vote, all voting aye, Mayor Nee declared the motion carrie nanimously. 11. RECEIVE AN ITEM FROM THE APPEALS COMMISSION MEETING OF JUNE 2, 1992• A. VARIANCE REQUEST, VAR #92-15, BY DAVID GUSTAFSON, TO REDUCE THE REQUIRED SIDE YARD SETBACK ON A CORNER LOT -FROM 17.5 FEET TO 15 FEET, TO ALLOW THE CONSTRUCTION OF A DETACHED ACCESSORY STRUCTURE, GENERALLY LOCATED AT 110 63RD WAY N E MOTION by Councilman Fitzpatrick to grant Variance Request, VAR #92-15, to reduce the side yard setback on a corner lot from 17.5 to 15 feet, with the following stipulations: (1) the petitioner shall comply with the conditions of approval set forth by the Anoka County Public Works Committee and (2) the petitioner shall execute a hold harmless agreement releasing the County and the City from any liability to the accessory structure if repairs or maintenance are conducted on the storm sewer line. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12. THE COUNTY OF ANOKA AND THE CITY OF FRIDLEY: Ms. Dacy, Community Development Director, stated th this agreement allows the City to request reimbursement fund or solid waste expenses. She recommended that the Council thorize the Mayor and City Manager to execute this agreement. MOTION by Councilwoman Jorgenson to authori the Mayor and City Manager to enter into this agreement wi Anoka County for the Residential Recycling Program. Seconde y Councilman Fitzpatrick. Upon a voice vote, all voting aye, yor Nee declared the motion carried unanimously. 13. APPROVE 1992 - Mr. Burns, City Manr, stated that this contract allows the City to employ intern ith the City paying between 50 and 70 percent of the salar' s and Federal Work Study funds making up the difference. He stated that Urban Corps is responsible for payroll taxes, d the City is responsible for worker's. compensation e Numerical Grantor oa Grantee Recorded f' Checked, Margin Tr. Index_,_ C-4kl 6 G -&N Ln CL OFFICE OF COUNTY RECORDER STATE OF MINNESOTA, COUNTY OF MOM 1 hereby certify that the within Instru- ment was flied in this ofj�ct�fej�p�rd ANUG 11 1 ��aa77 on the 10-0, ioc M., and was duly recorded. Cdw M. Treska. Co my Recorder t7ep r C-4kl 6 G -&N FRIDLEY MUNICIPAL CENTER . 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 . (612) 571-3450 • FAX (612) 571-1287 CITY COUNCIL ACTION TAKEN NOTICE David Gustafson 110 - 63rd Way N.E. Fridley, MN 55432 Dear Mr. Gustafson: July 6, 1992 On June 29, 1992, the Fridley City Council officially approved your request for a Variance, VAR #92-15, to reduce the required side yard setback on a corner lot from 17.5 feet to 15 feet, to allow the construction of a detached accessory structure on Lot 1, Block 3, Eva Erickson River Manor, the same being 110 - 63rd Way N.E., with the following stipulations: • The petitioner shall comply with the conditions of approval set forth by the Anoka County Public Works Committee. 2. The petitioner shall execute a hold harmless agreement Qw releasing the County and the City from any.liability to the accessory structure if repairs or maintenance is conducted on the storm sewer line. You have one year from the date of City Council action to initiate construction. If you cannot begin construction in time, you must submit a letter requesting an extension at least three weeks prior to the expiration date. If you have any questions regarding the above action, please call the Planning Department at 571-3450. Sincerely, Barbara Dacy, AICP Community Development Director aez,�- --L4r� - Please review the above, sign the statement below and return one copy to the City of Fridley Planning Department by July 20, 1992. Concur with action taken FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 • (612) 571-3450 • FAX (612) 571-1287 July 10, 1992 David Gustafson 110 - 63rd Way N.E. Fridley, MN 55432 Dear Mr. Gustafson: Enclosed please find four copies of the Hold Harmless Agreement which is required to be executed to complete one of two stipulations placed on your variance request, VAR #92-15. Please sign each of the agreements and have them notarized, and return all four copies to my office. Once the Mayor and the City Manager have signed the agreements, we.will record one copy at Anoka County and return one complete agreement to you for your files. -If you have any questions regarding this agreement, please contact me at 572-3593. sincerely, Michele McPherson, BLA Planning Assistant MM/dn C-92-196 FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 • (612) 571-3450 • FAX (612) 571-1287 CITY COUNCIL ACTION TAKEN NOTICE David Gustafson 110 - 63rd Way N.E. Fridley, MN 55432 Dear Mr. Gustafson: July 6, 1992 On June 29, 1992, the Fridley City Council officially approved your request for a Variance, VAR #92-15, to reduce the required side yard setback on a corner lot from 17.5 feet to 15 feet, to allow the construction of a detached accessory structure on Lot 1, Block 3, Eva Erickson River Manor, the same being 110 - 63rd Way N.E., with the following stipulations: 1. The petitioner shall comply with the conditions of approval set forth by the Anoka County Public Works Committee. 2. The petitioner shall execute a hold harmless agreement releasing the County and the City from any liability to the accessory structure if repairs or maintenance is conducted on the storm sewer line. You have one year from the date of City Council action to initiate construction. If you cannot begin construction in time, you must submit a letter requesting an extension at least three weeks prior to the expiration date. If you have any questions regarding the above action, please call the Planning Department at 571-3450. sincerely, Barbara Dacy, AICP Community Development Director Please review the above, sign the statement below and return one copy to the City of Fridley Planning Department by July 20, 1992. Concur with action tdken FRIDLEY CITY COUNCIL MEETING OF JUNE 29, 1992 PAGE 12 buildings; (2) the petitioner shal complies with the Zoning Code and staff prior to issuance of a build include underground irrigation; a a bond in the amount*of 3 per t completion of the outdoor rovem Jorgenson. Upon a voic ote, all the motion carried u imously. 1 submit andscape plan which which all be approved by City in ermit. The plan shall also (3) the petitioner shall submit of construction value to ensure ents. Seconded by Councilwoman voting aye, Mayor Nee declared 11. RECEIVE AN ITEM FROM THE APPEALS COMMISSION MEETING OF JUNE 2, 1992• A. VARIANCE REQUEST, VAR #92-15, BY DAVID GUSTAFSON, TO REDUCE THE REQUIRED SIDE YARD SETBACK ON A CORNER LOT -FROM 17.5 FEET TO 15 FEET, TO ALLOW THE CONSTRUCTION OF A DETACHED ACCESSORY STRUCTURE, GENERALLY LOCATED AT 110 63RD WAY N.E.: MOTION by Councilman Fitzpatrick to grant Variance Request, VAR #92-15, to reduce the side yard setback on a corner lot from 17.5 to 15 feet, with the following stipulations: (1) the petitioner shall comply with the conditions of approval set forth by the Anoka County Public Works Committee and (2) the petitioner shall execute a hold harmless agreement releasing the County and the City from any liability to the accessory structure if repairs or maintenance are conducted on the storm sewer line. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12. APPROVE AGREEMENT FOR RESIDENTIAL RECYCLING PROGRAM BETWEEN THE COUNTY OF ANOKA AND THE CITY OF FRIDLEY: Ms. Dacy, Community Development Director, stated that his agreement allows the City to request reimbursement funds r solid waste expenses. She recommended that the Council a orize the Mayor and City Manager to execute this agreement. MOTION by Councilwoman Jorgenson to authori the Mayor and City Manager to enter into this agreementwi Anoka County for the Residential Recycling Program. Seconde y Councilman Fitzpatrick. Upon a voice vote, all voting aye, ayor Nee declared the motion carried unanimously. 13. APPROVE 1992 - Mr. Burns, City Ma ndger, stated that this contract allows the City to employ inte s with the City paying between 50 and 70 percent of the sal les and Federal Work Study funds making up the differenc He stated that Urban Corps is responsible for payroll taxes, nd the City is responsible for worker's, compensation insu nce. • 11 FRIDLEY CITY COUNCIL MEETING OF JUNE 29, 1992 PAGE 11 B. VARIANCE REQUEST. VAR #92-12. BY RONALD ROESSLER, TO REDUCE STREET N.E.: MOTION by Councilman Fitzpatrick to grant V, VAR #92-12, to reduce the side yard setback frc Seconded by Councilwoman Jorgenson. Upon a voice aye, Mayor Nee declared the motion carried unanM C. VARIANCE REOUEST. VAR 092 - LOCATED AT 991 67TH AVENUE N.E.: 10 Cb Request, to 8 feet. G, all voting ly. MOTION by Councilman Billings to rant Variance Request, VAR #92-14, to reduce the front yard s back from 35 to 17.5 feet. Seconded by Councilman Fitzpatrick. Councilman Billings stated that th's structure would be in line with the other homes on the block. Councilwoman Jorgenson stated tlat a number of other variances of this magnitude have not been approved. Councilman Billings stateYhatla t if the variance is not granted this would be the only home thuld be set back 52 feet from the curb line of the street. He fat this is one of the few cases that meets the definition for variance is intended. UPON A VOICE VOTE TAKE ON THE ABOVE MOTION, Councilman Billings, Councilman Fitzpatric , and Mayor Nee voted in favor of the motion. Councilwoman Jorgen n voted against the motion. Mayor Nee declared the motion carried by a 3 to 1 vote. D. Mr. Van 1 moving hi p1 Berg, of Comstrand, Inc., stated that he would be business from St. Anthony to Fridley. CouncilryAn Billings asked how many people he employs, to which Mr. Van Deny/ Berg stated he has nine employees. MOTIO by Councilman Billings to grant Variance Request, VAR 92-13, to reduce the side corner setback from "180 to 20 feet an to reduce the minimum lot area of 35,000 square feet to 30,000 s are feet, with the following stipulations: (1) the building s all be architecturally compatible with the bank and office • • Staff Report VAR #92-15, 110 - 63rd Way N.E., Dave Gustafson Page 2 A. STATED HARDSHIP: See enclosed letter from the petitioner. B. ADMINISTRATIVE STAFF REVIEW: Request The petitioner is requesting a variance to reduce the side yard setback on a corner lot from 17 1/2 feet to 15 feet to allow construction of a detached accessory structure. The request is for Lot 1, Block 3, Eva Erickson River Manor Addition. Site Located on the property is a single family dwelling unit. The property is zoned R-1, Single Family Dwelling. There is additional R-1, Single Family Dwelling zoning, to the north, south, and west. There is R-2, Two Family Dwelling zoning, to the east. Analysis Section 205.07.03.D.(2).(c).((1)) of the Fridley Zoning Code requires a side yard setback on the street side of a corner lot of 17.5 feet. Public purpose served by this requirement is to maintain a higher degree of traffic visibility and to reduce the "line of sight" encroachment into the neighbor's front yard. The petitioner is proposing to construct a 22 ft. x 22 ft. detached accessory structure in the rear yard. Located along the east property line of the subject parcel is a 20 foot storm sewer easement dedicated to Anoka County. The petitioner has been working with the Anoka County Public Works Committee to receive permission to place the accessory structure within the easement. The petitioner has received tentative verbal approval from the Committee to place the structure five feet within the easement. The approval is pending the petitioner's submission of additional information for the Committee. The City does not have any utilities within the easement area. The petitioner has other alternatives which would permit him to construct the accessory building in a manner which would meet the code requirement. There is adequate room on the property to move the proposed structure 2 1/2 feet to the west 11D Staff Report VAR #92-15, 110 - 63rd Way N.E., Dave Gustafson Page 3 to meet the code requirement. This would require additional pavement for the driveway. It may be slightly more difficult to access the proposed accessory structure. There is adequate room to locate the accessory structure on the property without needing a variance. Recommendation As the petitioner has an alternative which would allow him to meet the code requirement, staff recommends that the Appeals Commission recommend denial of the variance request. If the Commission chooses to recommend approval of the variance request, staff recommends the following stipulations: 1. The petitioner shall comply with the conditions of approval set forth by the Anoka County Public Works Committee. 2. The petitioner shall execute a hold harmless agreement releasing the County and the City from any liability to the accessory structure if repairs or maintenance is conducted on the storm sewer line. Auueals Commission Action The Appeals Commission voted unanimously to recommend approval of the request to the City Council. City Council Recommendation Staff recommends that the City Council deny the variance request as the petitioner has alternatives which meet code. 11E r � DATE: TO: FROM: SUBJECT: Community Development Department PLANNING DIVISION June 25, 1992 William Burns, City of Fridley City Manager A. Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Variance Request, VAR #92-15, by David Gustafson; 110 - 63rd Avenue N.E. Attached please find the above referenced staff report. The petitioner requests that a variance be granted to reduce the side yard setback on a corner lot from 17 1/2 feet to 15 feet to allow construction of a detached accessory structure. The Appeals Commission voted unanimously to recommend approval of the request to the City Council with the following stipulations: 1. The petitioner shall comply with the conditions of approval set forth by the Anoka County Public Works Committee. 2. The petitioner shall execute a hold harmless agreement releasing the County and the City from any liability to the accessory structure if repairs or maintenance is conducted on the storm sewer line. Staff recommends that the City Council deny the variance request as the petitioner has alternatives which meet the code requirements. MM:ls M-92-400 11 • CITY OF FRIDLEY • APPEALS COMMISSION MEETING, JUNE 2, 1992 �YNMMN�NtiNIrMMMMNMMNMMMMM1r�V M.y.��w�A�.���.�M.��NM�.AMM.��NA�..�MNNMMtiNMNwNM.YM�YMMNNIrMA CALL TO ORDER: Chairperson Savage called the June 2, 1992, Appeals Commission meeting to order at 8:00 p.m. ROLL CALL• Members Present: Diane Savage, Cathy Smith, Carol Beaulieu Members Absent: Ken Vos, Larry Kuechle Others Present: Michele McPherson, Planning Assistant David Gustafson, 110 - 63rd Way N.E. APPROVAL OF MAY 19, 1992, APPEALS COMMISSION MINUTES: MOTION by Ms. Beaulieu, seconded by Ms. Smith, to approve the May 19, 1992, Appeals Commission minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. CONSIDERATION OF VARIANCE REQUEST, VAR #92-15, BY DAVID GUSTAFSON: Per Section 205.07.03.D.(2).(c).((1)) of the Fridley City Code, to reduce the required side yard setback on a corner lot from 17.5 feet to 15 feet, to allow the construction of a detached accessory structure on Lot 1, Block 3, Eva Erickson River Manor, the same being 110 - 63rd Way N.E. MOTION by Ms. Smith, seconded by Ms. Beaulieu, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 8:01 P.M. Ms. McPherson stated the property is located at the intersection of 63rd Way and East River Road. The property is zoned R-1, Single Family Dwelling. There is additional R-1 zoning to the north, south, and west of the subject parcel, and there is R-2, Two -Family Dwelling zoning, to the east across East River Road. Ms. McPherson stated the petitioner is requesting a variance to reduce the side yard setback on a corner lot from 17 1/2 feet to 15 feet to allow construction of a detached accessory structure. Ili 0 0 APPEALS COMMISSION MEETING, JUNE 2, 1992 PAGE 2 The petitioner is proposing to construct a 22 ft. x 22 ft. detached garage in the rear yard. The property does not currently have a garage Ms. McPherson stated that located along the east property line of the subject parcel where the petitioner is proposing to locate the garage is an existing 20 foot storm sewer easement which has been dedicated to Anoka County. The petitioner and staff have. been working with the Anoka County Public Works Committee to receive permission to place the accessory structure within the easement area. The Committee has given tentative verbal approval to the petitioner to place the structure five feet within the easement pending the City's action regarding the variance request. The City does not have any utilities within the easement area. However, Anoka County is not willing to vacate the easement but is willing to come to some type of agreement with the petitioner. . Ms. McPherson stated the petitioner could meet the code requirement by moving the accessory structure 2 1/2 feet to the west. There is adequate room on the property to move the structure without needing a variance. While this may create a more difficult access to accessory structure, there appears to be adequate room to locate the building in such a manner that it would meet the code requirement. Ms. McPherson stated that as the petitioner has an alternative which would allow him to meet the code requirement, staff recommends that the Appeals Commission recommend denial of the variance request. If the Commission chooses to recommend approval of the variance request, staff recommends the following stipulations: 1. The petitioner shall comply with the conditions of approval set forth by the Anoka County Public Works Committee. 2. The petitioner shall execute a hold harmless agreement releasing the County and the City from any liability to the accessory structure if repairs or maintenance is conducted on the storm sewer line. Ms. Savage asked the petitioner to respond to staff's suggestion about moving the structure 2 1/2 feet to the west. Mr. Gustafson stated the area between the end of the sewer easement and the house itself is actually 4 1/2 feet. He has an entrance going into the kitchen with two steps that come to the edge of the driveway. That creates a problem with making the swing into the proposed garage. Mr. Gustafson stated the house is cantilevered out two feet to the rear, so there is 2 foot expansion or "L" on the house that is not 11K • APPEALS COMMISSION MEETING. JUNE 2. 1992 PAGE 3 shown on the drawing. Also, he has a 6 foot drainage and utility easement in the back yard, so that brings the garage closer to the house. Mr. Gustafson stated his wife has -proposed a three -season or four - season porch addition to the back of the house which will extend 12 feet out from the house. With the garage situated the way it is proposed 5 feet over into the storm sewer easement, he has a better possibility of building the addition to the house and will have better access to the garage. Even as proposed, he will have limited access to the west side of the garage. If he was to build the garage 2 1/2 feet to the west, he would almost lose his whole back yard to garage and driveway. He would also have to take down more trees. Ms. Savage asked the petitioner to describe his hardship. Mr. Gustafson stated he would like to be able to build his garage straight in from the driveway, but he cannot do that because of the storm sewer. The storm sewer itself runs approximately 5 feet to the east from the grating which is in front of his driveway, then turns and goes down the front of the driveway almost to the east side of his driveway. If he can get the variance and permission from Anoka County, he will still be off to the side of the storm sewer line. He would be willing to execute a hold harmless agreement releasing the City or County from any liability. He would like the variance to be able to put the garage in line with the existing driveway which will make the garage much more accessible. It would also be nice to have more back yard and green space. MOTION by Ms. Beaulieu, seconded by Ms. Smith, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:18 P.M. Ms. Smith stated the amount of the variance is very small. This is a wide lot, and she believed that allowing the variance still fills the public purpose served by the code requirement. Putting the garage 2 1/2 feet over is not going to create any problems with traffic visibility or sight lines. She would be recommend approval of the variance request. Ms. Beaulieu agreed. She believed the hardship is the location of the house on the lot and the easement in the back and side. Moving the garage over another 2 1/2 feet would make the accessibility to the garage more difficult. Ms. Savage also agreed. 11L APPEALS COMMISSION MEETING, JUNE 2, 1992 PAGE 4 MOTION by Ms. Smith, seconded by Ms. Beaulieu, to recommend to City Council approval of variance request, VAR #92-16, by David Gustafson, per Section. 205.07.03.D.(2).(c).((1)) of the Fridley City Code, to reduce the required side yard setback on a corner lot from 17.5 feet to 15 feet, to allow the construction of a detached accessory structure on Lot 1, Block 3, Eva Erickson River Manor, the same being 110 - 63rd Way N.E., with the following stipulations: 1. The petitioner shall comply with the conditions of approval set forth by the Anoka County Public Works Committee. 2. The petitioner shall execute a hold harmless agreement releasing the County and the City from any liability to the accessory structure if repairs or maintenance is conducted on the storm sewer line. UPON A VOICE VOTE, ALL VOTING AYE# CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. McPherson stated this item will go to City Council on June 29, 1992. UPDATE ON PLANNING COMMISSION AND COUNCIL_ ACTIONS: Ms. McPherson reviewed the recent Planning Commission and City Council actions. ADJOURNMENT: MOTION by Ms. Smith, seconded by Ms. Beaulieu, to adjourn the meeting. Upon a voice vote, all voting aye, Chairperson Savage declared the motion carried and the June 2, 1992, Appeals Commission meeting adjourned at 8:30 p.m. Res ectfully submitted, 1 -PV � 0 " x d , Lyh0e Saba Recording Secretary 11M 0 PUBLIC HEARING BEFORE THE APPEALS COMMISSION Notice is hereby given that the Appeals Commission of the City of Fridley will conduct a Public Hearing at the Fridley Municipal Center at 6431 University Avenue N.E. on Tuesday, June 2, 1992, at 7:30 p.m. for the purpose of: Consideration of variance request, VAR #92-15, by David Gustafson: Per Section 205.07.03.D.(2).(c).((1)) of the Fridley City Code, to reduce the required side yard setback on a corner lot from 17.5 feet to 15 feet, to allow the construction of a detached accessory structure on Lot 1, Block 3, Eva Erickson River Manor, the same being 110 - 63rd Way N.E., Fridley, Minnesota, 55432. Any and all persons desiring to be heard shall be given the opportunity at the above stated time and place. DIANE SAVAGE CHAIRPERSON APPEALS COMMISSION Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than May 26, 1992. MAILING LIST FOR VAR #92-15, 110. 63RD WAY NO 0 MAILED: 5/22/92 David Gustafson Toby Langiewi.cz Robert Lyga 110 63rd Way N.E. 146 - 63rd Way N.E. 122 - 63 1/2 Way N.E. Fridley, MN' 55432 Fridley, MN' 55432 Fridley, MLV 55432 Gerald Gerber John Dole Max Finkel 6725 East River Road 4141 Lyndale North-rCamden St. 147 -.63rd Way N.E. Fridley, M 55432 Minneapolis, M 55412 Fridley, M 55432 David Krueger Linda, Denny, Curtis Teske 6255 East River Road 6305.Eas Ri.'ver.Road 135 63rd Way N.E. Fridley, MN 55432 ' Fridley, M ''55432Fridley, M 55432 Sean Murphy Walter Doelz .. Larry.Overby 6276 East River -Road 4928 Washburn Avenue South 123 Ord Way N.E. Fridley, M 55432 MinneapoUs,, M 55410 Fridley, MLS 55432 Peter Dicarlo Walter Doelz / Resident Clarence Theisen 626.6 East River Road 70 E3-1/2 Way N.E. 111 63rd Way N.E. Fridley, MDT 55432 'Fridley, MST 55432 Fridley, M 55432 Terence Hubbard Res:�,dent Diane Savage 6215 Alden Way N.E. 80 x.63 1/2 War N.E. 567 Rice Creek Terrace Fridley, MLS 55432 Fridley:,, M55432 Fridley, MlV 55432 Lynette. Scott Ronald Groat /.Resident City Manager 6221. Alden.'May- N.E. 9Q. .63-1/2 icy N.E. City Council Fridley, MN 55432 Fridley, IAV 55432 Richard Mormw Ronald Groat 122_ 63rd Way-N.E. 5107 Wooddale Avenue Fridley, MLV 55432 Minneapolis, MSV 55424 Lloyd Staedy Jam F:i.si2 / .Resident 134 64rd Way, N.E. Fridley, My 55432 116- .63 1/2 Way N.E. Fridley, Mi 55432 co—m- A L 0 i WESTERN WATER MANAGEMENT, INC. IV SINCE 1890 w (`J -h Lieu, yt 1345 TANEY, P.O. BOX 7469, NORTH KANSAS CITY, MISSOURI 64116-0169 USA PHONE: (816) 842-0560 (JAW COMMISSION APPLICATION REVIEW FILE NUMBER FILE DATE ME T _ nATE FILE DESCRIPTION VAR#92-15 CITYOF 29 5/12/926/2/92 110 - 63rd Way N.E. FRlDLEY side yard setback on corner lot COMPLETE REVIEW CHECKLIST AND RETURN TO PLANNING DEPT COMMENTS MIG ELE M..� ,wjv mwb" MARK ,W. L�[ JOHN F ,//a W -V s M. N M. 5-- z/ JIM N. CHUCK M. • • Please find enclosed a Surveyors Certificate with a drawing of my lot, on which I have drawn a proposed location for a two stall garage. The sketch is not to scale and it shows more area on the south side of the house than there actually is. The distance from the south side of the house to the south boundary is 51 feet, deduct 6 feet for sewer easement, 22 feet for the garage which leaves 23 feet for the approach apron. This would be difficult to enter and exit the garage. If I could locate the east side of the garage 5 feet onto the sewer easement and be granted a Variance, that would be fair entry and exit to the garage, at least the east stall of the garage. It would also create a smooth symmetry for the property. David E. Gustafson 11G 0 a9 CITY OF FRIDLEY 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: / / D i:�3 &d (2 IV. e, Property Identification Number (PIN) A. F -.3 o -.z - 'fi3 _ ai 7 Legal description: Lot Block Tract/Addition x v&. Reids®w_ 9j uer— Nan oor- Current zoning: Square footage/acreage 47 MO Reason for variance and hardship: k ®c a;�'e geroe&ge --)�'o oc ea --vi ege ,ravTgte d• Ex hr a ad 5 sim a "'R Of ?he Section of City Code: 92 ® pefLTyy Have you operated a business m a city winch required a business license? Yes No X 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 _�5'g cL6dVe. ADDRESS DAYTIMEPHONE SIGNATURE ' DATE 4` -SPT -9 z PETITIONER INFORMATION NAME 7a- 202- 0 ,n ADDRESS 116 6,3 fed A(, A. DAYTIME PHONES-�- SIGNATURE DATE Fee: $100.00 $ 60.00 ✓ for resident4d properties Permit VAR # eceipt # -. 30( z' '-)-- Application received by: Scheduled Appeals Commissio da Scheduled City Council date: III CITY OF FRIDLEY PLAN REVIEW CHECKLIST Applicants for vacations must submit the legal description of the parcel (easement, street, etc.) to be vacated. Complete site plans, signed by a registered architect, civil engineer, landscape architect, or other design professional, to include the following: A. General: 1. Name and address of project 2. Legal description (certificate of survey may be required) 3. Name, address, and telephone number of applicant, engineer, and owner of record 4. Date proposed, north arrow, scale, number of sheets, name of drawer 5. Description of intended use of site, buildings, and structures including type of occupancy and estimated occupancy load 6. Existing zoning and land use 7. Tabulation box indicating: (i) Size of parcel in sq. ft. (ii) Gross floor area of buildings (iii) Percent of site covered by building (iv) Percent of site covered by impervious surface (v) Percent of site covered by green area (vi) Projected number of employees (vii) Number of seats if intended use is a restaurant or place of assembly (viii) Number of parking spaces required (ix) Number of parking spaces provided including handicapped (x) Height of all buildings and structures and number of stories B. site Plan: 1. Property line dimensions, location of all existing and proposed structures with distance from boundaries, distance between structures, building dimensions and floor elevations 2. Grading and drainage plan showing existing natural features (topography, wetlands, vegetation, etc.) as well as proposed grade elevations and sedimentation and storm water retention ponds. Calculations for storm water detention/retention areas. 3. All existing and proposed points of egress/ingress showing widths of property lines, turning radii abutting rights-of-way with indicated center line, paving width, existing and proposed median cuts, and intersections of streets and driveways 4. Vehicular circulation system showing location and dimensions for all driveways, parking spaces, parking lot aisles, service roads, loading areas, fire lanes, emergency access (if necessary), public and private streets, alleys, sidewalks, bike paths, direction of traffic flow, and traffic -control devices S. Landscaping Plan 6. Location, access, and screening detail of trash enclosures 7. Location and screening detail of rooftop equipment S. Building elevations from all directions 9. Utility pian identifying size and direction of existing water and sewer lines, fire hydrants, distance of hydrant to proposed building • C� s A SEG ary • 150 T 30p R24 - OF FRIDLEY CONOOMINA/M(NQ 8 l Ina 42 11B VAR #92-15 David Gustafson 101 44 r LOCATION MA t ►i PC 1. L't 11B VAR #92-15 David Gustafson 101 44 LOCATION MA RiV E i VAR #92-15 David Gustafson it 7 11c ZONING MAP '>a ►eyo�'s Certifi'c�►te � t.: neo 3e )etop&e*tt Co. OOHNSON . MEREDITH VAR #92-15 David Gustafson L D S V P V F Y O P 3 sso ia(es- 10621 FRANCE AVE. SOUTH I MINNEAPOLIS 20. MINNESOTA TUXEDO e•2100 W I 1 W J y 0 ON O 99 rsf- QST L'Yi-e - ,OSA/ . A:G�• _ -- _ � � . � �r,�ec,�y�. .,51'x:.e._ __��''X�._Z.Z.�_._ W -1 S+ AS �. y .that .ih i4 ptat ii a co4ARc.t 4.epreARAta-ti..ort ot- a 44.twey o�, the bo"ndan ie�' ot. ?, E V H E k 9 C K S 7I N k 9 U C k N R N 0 9, Anoka Cowl, , M.innf,-Ota.. IH4. tAiA 214A day o f �a+./, 1961. Va,+A4 � on, Ninrt. kef. No. 5065 11F SITE PLAN L L 0 5 U R V D "P' S J01INS011 r a sawwepors. certificate ssoelales- ' 2 1 FRANCE AVE.SOUTH Swwe.q 9": Pato 13 evetopment Co. a IN I P4 E ^ P 0 LIS 0. MINNESOTA . . . . . 5-2100 too TUXEDO 6. HARRY S. OOHNSON ROBERT B. MEREDITH rte- TT7 Vv ra v I o M An . Ao sc A/0 (4, r IN 04 W -7 gaunda. -jGaea. 41M YCAS 9 h&tebq aett44q that Zh4.4 ptat, 4A a ao4Axct "-ptelentatwrt of a 44-vw" o¢ the bokxda&iei of tot 1, tstoa 3, 0 N C k 9 C K S N k 9 b N N N 0 R, l4noka Cowotq, Minne-lota. 84. 444,we.qed b toe tAi4, 214A clay of quay, 1961. 14a"q Nivt. leg,. No. 5065