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VAR 93-10FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY. M1\55432 . (612) 571-3450 • FAX (612) 571-1287 June 17, 1994 Michael and Jennifer Milligan 392 - 66th Avenue N.E. Fridley, MN 55432 Dear Mr. and Mrs. Milligan: On June 21, 1993, the Fridley City Council officially approved your request for a variance, VAR #93-10 to reduce the side yard setback on a corner lot. This variance was granted to allow construction of a three car garage. I observed that no construction has currently occurred. Your variance will expire on June 20, 1994, if work has not commenced. If you desire to extend this variance, we can schedule an extension by the City Council for the July 11, 1994, meeting. Please contact me at 572-3593 at your earliest convenience if you wish to extend your variance. Sincerely, Michele McPherson Planning Assistant MM:ls C-94-161 i STATE OF MINNESOTA ) ` COUNTY.OF ANOKA CITY OF FRIDLEY In the Matter of: a variance, VAR 493-10 Owner: Michael and Jennifer Milligan 106338'7 &Y COUNCIL PROCEEDINGS VARIANCE The above entitled matter came before the City Council of the City of Fridley and was heard on the 21st day of June '19 93 , 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 on a corner lot from 25 feet to 10 feet to allow the construction of a three car garage on Lot 1, Block 3, Rice Creek Terrace 2nd Addition, the same being 392 - 66th Avenue N.E. IT IS ORDERED that a variance be granted as upon the following conditions. or reasons: Approval with four stipulations. See City Council minutes of June 21, 1993. STATE OF MINNESOTA ) COUNTY OF ANOKA ) OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) I, William A. Ciiampa, 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, M'nnesota, in the County of Anoka on the day of 19 9� . DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 �• William A. Champa, City lerk' Variances are valid for a period of one year following approva,I ;and ,,shall 'be.o considered void if not used within that period. b' ( FRIDLEY CITY COUNCIL MEETING OF JUNE 21, 1993 PAGE 11 appropriate plantings that will survive between the driveways of the individual twin homes. Seconded by Councilwoman Jorgenson. Councilwoman Jorgenson asked if there was anythin that could be done to have Mr. Bauer and Mr. Wellner work to her towards the drainage plan. Mr. Herrick, City Attorney, stated that he Bard Mr. Bauer say that he felt he could resolve the drainage p lem. He stated that if he is not successful and there is a oblem or some damages to Mr. Wellner's property, Mr. Bauer m have some civil liability. He felt that Mr. Bauer was aware the concern. He stated that he did not know if there is anyth' g the City can do to require the cooperation of the two persons. He assumes they would try to work out a mutual agreement. He s ted that if there is a problem, the question is if one of the owners developed the property in an unreasonable fashion. Councilwoman Jorgenso felt that it may be prudent to attach another stipulation o include a drainage plan to show the drainage of the propertyt make sure it would not affect Mr. Wellner's property. MOTIONby C�pdncilwoman Jorgenson to add stipulation No. 7 as follows: ) that a drainage plan be provided to staff prior to July 1, 1 93 on the parcel at 6420 Starlite Circle. Seconded by Council n Billings. Upon a voice vote, all voting aye, Mayor Nee declar d the motion carried unanimously. UPtN A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 1 3. RECEIVE ITEMS FROM THE APPEALS COMMISSION MEETING OF JUNE 1. 1993• A. VARIANCE REQUEST, VAR #93-10, BY MICHAEL AND JENNIFER MILLIGAN, TO REDUCE. THE SIDE YARD SETBACK ON A CORNER LOT FROM 25 FEET TO 10 FEET TO ALLOW THE CONSTRUCTION OF A THREE -CAR GARAGE, GENERALLY LOCATED AT 392 66TH AVENUE N.E.: Ms. Dacy, Community Development Director, stated that this is a request to reduce the side yard setback on a corner lot from 25 feet to 10 feet to allow construction of a three car garage. She stated that the Appeals Commission recommended a 17-1/2 foot setback rather than a 10 foot setback with four stipulations which she outlined. MOTION by Councilman Billings to concur with the unanimous recommendation of the Appeals Commission and grant Variance Request, VAR #93-10, with the following stipulations: (1) replacement of the existing driveway curb cut with B618 concrete curb and gutter; (2) removal of the existing driveway; (3) FRIDLEY CITY COUNCIL MEETING OF JIINE 21, 1993 PAGE 12_ conversion of the existing garage to living area within 60 days of completion of the accessory structure; and (4) installation of a hardsurface driveway for the new garage by July 1, 1994. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. B. 7615 BAKER STREET N.E.: Ms. Dacy, Community Development Director, stated that t is is a request to reduce the front yard setback from 100 feet Yo 90 feet to allow the construction of a small addition to be sed as an entry vestibule. She stated that this would improv the energy efficiency of this area. She stated that the etitioner is proposing to add additional parking in front of he the by increasing the number of spaces from four to ei t. MOTION by Councilwoman Jorgenson to VAR #93-11, with the following stipula shall provide a landscape plan which pi parking lot along Baker Street N.E. pr building permit. Screening shall be p foot berm, hedge, or combination there f Billings. Upon a voice vote, all vo in the motion carried unanimously. 4. MAY 26, 1993• MOTION by Councilman Bill Planning Commission meeti Councilwoman Jorgenson. Nee declared the motion ar JUNE 9. 1993: ranV Variance Request, o (1) the petitioner es screening for the r to the issuance of a sided by either a three Seconded by Councilman aye, Mayor Nee declared pr'gs to receive of IT 26, n a voice vote, ied unanimously. the minutes of the 1993. Seconded by all voting aye, Mayor Ms./rate unity Development Director, stated that this is a reqa special use permit by Sam's Auto Buying Program to allale of cars, trucks, recreational vehicles, boats and came stated that the property is located in the* northwest cor1st Avenue and zoned C-3. She stated that Sam's Auto Buyram is affiliated with Sam's Wholesale Club, but it is a sorporate entity. She stated that they work with area deaorder to provide specific automobile prices which are C' • Cj Cl J '^L1 .'w C:1 Lrt 0 r rl 1,0633sl Grantor_,. Grant Recordod Checked Margin Tr. Index _ay0' OFFICE OF COUNTY RECORDER STATE OF MINNESOTA, COUNTY OF ANOKA I h!reby certify that the within instru- r-=nt v. -as tiled in this office for record ''o\\n the Deco 11 A 4QQ lV o'clo DA., and was duly recorded. Edw M. Tres r ©y _ 0 Qp L41 C 6WF lj,,idN I CIiYOF FRIDLEY FRIDLEY MUNICIPAL.CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 • (612) 571-3450 • FAX (612) 571-1287 CITY COUNCIL ACTION TAKEN NOTICE June 28, 1993 Michael and Jennifer Milligan 392 - 66th Avenue N.E. Fridley, MN 55432 Dear Mr. and Mrs. Milligan: On June 21, 1993, the Fridley City Council officially approved your request for a Variance, VAR #93-10, to reduce the side yard setback on a corner lot from 25 feet to 17.5 feet, to allow the construction of a three car garage, on Lot 1, Block 3, Rice Creek Terrace 2nd Addition, generally located at 392 - 66th Avenue N.E., with the following stipulations: 1. Replacement of the existing driveway curb cut with B618 concrete curb and gutter. 2. Remove the existing driveway. 3. The existing garage shall be converted to living area within 60 days of completion of the accessory structure. 4. Installation of a hardsurface driveway for the new garage by July 1, 1994. 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. Michael and Jennifer Milligan June 28, 1993 Page 2 If you have any questions regarding the above action, please call me at 572-3590. Sincerely, Barbara Dacy, AICP Community Development Director BD/dn Please review the above, sign the statement below and return one copy to the City of Fridley Planning Department by July 12, 1993. Concur with action taken FRIDLEY CITY COUNCIL MEETING OF JUNE 21, 1993 PAGE 11 appropriate plantings that will survive between the driveways of the individual twin homes. Seconded by Councilwoman Jorgenson. Councilwoman Jorgenson asked if there was anything at could be done to have Mr. Bauer and Mr. Wellner work toget r towards the drainage plan. Mr. Herrick, City Attorney, stated that he rd Mr. Bauer say that he felt he could resolve the drainage pro h em. He stated that if he is not successful and there is a p blem or some damages to Mr. Wellner's property, Mr. Bauer ma ave some civil liability. He felt that Mr. Bauer was aware o the concern. He stated that he did not know if there is anyth' g the City can do to require the cooperation of the two persons. He assumes they would try to work out a mutual agreement. Hes ted that if there is a problem, the question is if one of the owners developed the property in an unreasonable fashion. Z woman Jorgenso felt that it may be prudent to attach stipulation o include a drainage plan to show the drainage property make sure it would not affect Mr. Wellner's y.by ouncilwoman Jorgenson to add stipulation No. 7 as : (7) that a drainage plan be provided to staff prior to , 993 on the parcel at 6420 Starlite Circle. Seconded by man Billings. Upon a voice vote, all voting aye, Mayor Nee d the motion carried unanimously. VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 3. RECEIVE ITEMS FROM THE APPEALS COMMISSION MEETING OF JUNE 1. 1993: A. VARIANCE REQUEST, VAR #93-10, BY MICHAEL AND JENNIFER MILLIGAN, TO REDUCE THE SIDE YARD SETBACK ON A CORNER LOT FROM 25 FEET TO 10 FEET TO ALLOW THE CONSTRUCTION OF A THREE -CAR GARAGE, GENERALLY LOCATED AT 392 66TH AVENUE N.E.: Ms. Dacy, Community Development Director, stated that this is a request to reduce the side yard setback on a corner lot from 25 feet to 10 feet to allow construction of a three car garage. She stated that the Appeals Commission recommended a 17-1/2 foot setback rather than a 10 foot setback with four stipulations which she outlined. MOTION by Councilman Billings to concur with the unanimous recommendation of the Appeals Commission and grant Variance Request, VAR #93-10, with the following stipulations: (1) replacement of the existing driveway curb cut with B618 concrete curb and gutter; (2) removal of the existing driveway; (3) FRIDLEY CITY COUNCIL MEETING OF JUNE 21, 1993 PAGE 12 conversion of the existing garage to living area within 60 days of completion of the accessory structure; and (4) installation of a hardsurface driveway for the new garage by July 1, 1994. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. B. VARIANCE REQUEST, VAR #93-11, BY TOP TOOL COMPANY, TO REDUCE THE FRONT YARD SETBACK FROM 100 FEET TO 90 FEET TO ALLOW THE 7615 BAKER STREET N.E.: Ms. Dacy, Community Development Director, stated that is is a request to reduce the front yard setback from 100 feet o 90 feet to allow the construction of a small addition to b used as an entry vestibule. She stated that this would impr a the energy efficiency of this area. She stated that th petitioner is proposing to add additional parking in front o the building by increasing the number of spaces from four to e'ght. MOTION by Councilwoman Jorgen/N.E.ior r t Variance Request, VAR #93-11, with the following n: (1) the petitioner shall provide a landscape plan ides screening for the parking lot along Baker Streetr to the issuance of a building permit. Screening shaided by either a three foot berm, hedge, or combinationSeconded by Councilman Billings. Upon a voice vote, aaye, Mayor Nee declared the motion carried unanimously. 4. MAY 26, 1993• MOTION by Councilman Planning Commission Councilwoman Jorgensoi Nee declared the motif 5. i lings to receive ting of May 26, Upon a voice vote, carried unanimously. the minutes of the 1993. Seconded by all voting aye, Mayor Ms. Dacy, Community Development Director, stated that this is a request o'r a special use permit by Sam's Auto Buying Program to allow a sale of cars, trucks, recreational vehicles, boats and campe She stated that the property is located in the northwest corn of 81st Avenue and zoned C-3. She stated that Sam's Auto Buy' g Program is affiliated with Sam's Wholesale Club, but it is a eparate corporate entity. She stated that they work with area d lens in order to provide specific automobile prices which are STAFF REPORT ICommunity Development Department REQUEST Permit Number Applicant Proposed Request Location SITE DATA Size Density Present Zoning Present Land Use(s) Adjacent Zoning Adjacent Land Use(s) Utilities Park Dedication Watershed District ANALYSIS Financial Implications Conformance to the Comprehensive Plan Compatibility with Adjacent Zoning and Uses Environmental Considerations RECOMMENDATION Staff Appeals Commission Planning Commission Author MM:ls Appeals Commission Date June 1, 1993 Planning Commission Date City Council Date: June 21, 1993 VAR #93-10 Michael & Jennifer Milligan To reduce the side corner setback for an accessory structure from 25 feet to 10 feet 392 - 66th Avenue N.E. 11,250 sq. ft. (75 x 150) R-1, Single Family Dwelling Residential R-1, Single Family Dwelling, on all sides Residential cn all sides Rice Creek Denial Modified approval 3A • • Staff Report VAR #93-10, 392 - 66th Avenue N.E., Michael & Jennifer Milligan Page 1 A. STATED HARDSHIP: "Would like to build a three -stall garage without using the whole back yard." B. ADMINISTRATIVE STAFF REVIEW: Request The petitioners a reduce the side facing the street Lot 1, Block 3, being 392 -66th A Site re requesting that corner setback fo from 25 feet to 10 Rice Creek Terrace venue N.E. a variance be granted to r an accessory structure feet. The request is for 2nd Addition, the same Located on the property is a single family dwelling with an attached single car garage. The driveway currently accesses 66th Avenue N.E. The property is zoned R-1, Single Family Dwelling, as are all surrounding properties. Analysis Section 205.07.03.D.(2).(o).((3)) requires that any attached or unattached accessory building which opens on the side street shall be at least 25 feet from the property line of a side street. Public Purpose served by this requirement is to allow for off- street parking without encroaching on the public right-of-way and also the aesthetic consideration of the neighborhood to reduce the building "line of sight" encroachment into the neighbor's front yard. The petitioners are proposing to convert the existing single car garage into living area and construct a 26 ft. by 36 ft. detached accessory structure. The accessory structure will have access from 7th Street. The petitioners are requesting that the setback to the property line be reduced from 25 feet to 10 feet to minimize the impact to the rear yard. The property is 75 feet wide. If the 25 foot setback is maintained, the remaining rear yard is 24 feet. The petitioners could relocate the structure to maintain a 17 1/2 foot setback which would allow them to have a 31.5 foot wide rear yard. Granting the variance to 10 feet does not provide adequate room to park a vehicle in the driveway without encroaching into the public right of way. 3D Staff Report VAR #93-10, 392 - 66th Avenue N.E., Michael & Jennifer Milligan Page 2 The variance as requested would not adversely impact the adjacent properties as the property to the south has an accessory structure in the northeast corner of the property facing 7th Street which does not meet the setback requirement. A variance was granted in 1966 to allow the placement of the accessory structure, however, the minutes did not reveal the extent of the variance. The structure is 10 feet from the property line. The dwelling to the south faces Mississippi Street. Appeals Commission Recommendation Staff recommends that the Appeals Commission deny the variance request as proposed by the petitioner. There is adequate room on site to meet the setback requirement or, at a minimum, provide for a 17 1/2 foot setback. In addition, the request exceeds the extent of a similar variance granted previously (15 feet). If the Commission chooses to recommend approval of the variance request, staff recommends the following stipulations: 1. Replace the existing driveway curb cut with B618 concrete curb and gutter. 2. Remove the existing driveway. 3. Convert the existing garage prior to issuance of a permit of the detached accessory structure. 4. Install a hardsurface driveway for the new garage by July 1, 1994. Appeals Commission Action The Appeals Commission voted unanimously to recommend approval of the variance to reduce the side yard setback from 25 feet to 17.5 feet. The Commission amended stipulation #3 as follows: 3. The existing garage area within 60 days structure. City Council Recommendation shall be converted to living of completion of the accessory Staff recommends that the City Council concur with the Appeals Commission action. 3E =opoolff Il " ep l-71 V'2 / FA 't ' - - _� 1 ,l , �4 1 1 �� - ` . \ � -- T � r- � ` \�,� `� ` ,`� � 1 tee,, `� �^ ,: - . iv �) .� _ ____ 5 �m- Community Development Department PLANNING DIVISION City of Fridley DATE: June 16, 1993 , TO: William Burns, City Manager�.�' FROM: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant SUBJECT: Variance Request, VAR #93-10, by Michael and Jennifer Milligan; 392 - 66th Avenue N.E. The Appeals Commission voted unanimously to recommend approval of the variance to reduce the side yard setback from 25 feet to 17.5 feet. The petitioner's original request was to reduce the side yard setback on a corner lot from 25 feet to 10 feet. The Appeals Commission recommended the following stipulations as a condition of approval: 1. Replace the existing driveway curb cut with B618 concrete curb and gutter. 2. Remove the existing driveway. 3. The existing garage shall be converted to living area within 60 days of completion of the accessory structure. 4. Install a hardsurface driveway for the new garage by July 1, 1994. Staff recommended denial of the request as originally proposed, as the petitioners have adequate room on the site to meet the code requirement, and the request was greater than the extent of any previously -granted variance. Staff recommends that the City Council concur with the Appeals Commission recommendation. MM/dn M-93-350 ♦� Y ,APPEALS COMMISSION MEETING, JUNE 1, 1993 PAGE it lots, she would vote for denial. Mr. Kuechle stated he concurred with Dr. Vos. The builder should have realized that there is a standard requirement for living space to be 10 feet back. He agreed there was confusion in the way the original variances were written, although it does say Orage and, unfortunately, the City staff did not pick up. TheIwilding has started but he thought it best to correct the situ now before going any further. He would recommend denia of the variance requests. MOTION by Mr. Kuechle, seconded by Dr. Vo , to recommend denial of Variance Request, VAR #93-09, to redu the side yard setback on Lot 3A from 10 feet to 4.5 feet an on Lot 3B from 10 feet to 5 feet. UPON A VOICE VOTE, WITH CO SSIONERS KUECHLE, VOS, AND SAVAGE VOTING AYE AND COMMISSIONE SMITH VOTING NAY, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRI BY A MAJORITY VOTE. MOTION by Dr. Vos, se nded by Mr. Kuechle, to recommend denial of Variance Request, #93-09, to reduce the side yard setback on Lot 4A from 10 fe to 7 feet and on Lot 4B from 10 feet to 6 feet. UPON A VOIC OTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION C IED UNANIMOUSLY. Ms. D y stated the City Council would review this request at their mee ng of June 21, 1993. 2. CONSIDERATION OF VARIANCE REQUEST VAR #93-10 BY MICHAEL MILLIGAN: Per Section 205.07.03.D. (2) . (c) . ((3)) of the Fridley Zoning Code, to reduce the side yard setback on a. corner lot from 25 feet to 10 feet to allow the construction of a three -car garage on Lot 1, Block 3, Rice Creek Terrace 2nd Addition, the same being 392 - 66th Avenue N.E. MOTION by Mr. Kuechle, seconded by Ms. Smith, to waive the reading of the public hearing notice and to open the public hearing at 8:45 p.m. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. McPherson stated the variance request is to reduce the side yard setback from the corner side of a corner lot from 25 feet to 10 feet to allow the construction of a detached accessory structure facing the side street. The request is for 392 - 66th Avenue N.E. The property is generally located at the intersection of 66th APPEALS COMMISSION MEETING. JUNE 1, 1993 PAGE 12 Avenue and 7th Street. Located on the property is a single family dwelling unit with an attached single car garage. The property is zoned R-1, Single Family Dwelling, as are all the adjacent properties. The existing dwelling unit and single car garage face 66th Avenue. The existing driveway also accesses 66th Avenge. The petitioners are proposing to convert the existing single car garage into living space and to construct a 26 foot x 36 foot detached accessory structure facing 7th Street. The petitioners are requesting that the 25 -foot setback be reduced at 10 feet in order to minimize the overall impact to the remaining rear yard. If the 25 foot setback is maintained, the remaining rear yard would be approximately 24 feet in width. It would be possible for the petitioners to locate the structure in a compromise position of 17.5 feet which would allow them to have a 31.5 foot wide rear yard. Granting a variance to 10 feet does not permit adequate room for a vehicle to park without encroaching into the public boulevard area. Ms. McPherson stated the structure on the property to the south - also faces 7th Street and does not meet the setback requirements. A variance was granted by the City in 1966 for the detached accessory structure. The dwelling to the south of the petitioners does face Mississippi Street so line of site issues would not be impacted by the granting of the variance. Staff recommends that the Appeals Commission deny the variance as proposed by the petitioner. There is adequate room on site to meet the setback requirement or at a minimum provide for the 17.5 foot setback. In addition, this request exceeds the extent of a similar request granted which was to 15 feet. Staff has recommended the following stipulations if the Commission chooses to recommend approval: 1. Replace the existing driveway curb cut with B618 concrete curb and gutter. 2. Remove the existing driveway. 3. Convert the existing garage prior to issuance of a permit of the detached accessory structure. 4. Install a hard surface driveway for the new garage by July 1, 1994. Dr. Vos asked if the 17.5 setback would make the garage and house line up. Ms. McPherson stated it would be very close. She thought the house APPEALS COMMISSION MEETING, JUNE 1, 1993 PAGE 13 was a bit closer to the street. Ms. Savage asked how this would line up with the garage to the south. Ms. McPherson stated there was not a site survey in the address file. The minutes stated that a car could not park in the driveway without encroaching into the street in that particular driveway. She guessed this garage would be closer than the 10 feet proposed by the petitioners. Dr. Vos stated, if looking at the next street, that also is where a family enclosed living area and came in with an extension out the back and built a garage. He thought this was in line with the house. Ms. McPherson stated, in reviewing the files of the last five years, the closest a setback has been granted is to 15 feet. Ms. Smith asked what the setback would be to the south property line. Ms. McPherson stated they can be as close as 3 feet. The overhang can be closer but the foundation must be 3 feet. Ms. Savage asked if the size of the garage was conforming. Ms. McPherson stated the structure meets the square foot requirements. The structure is proposed to be a 3 -car garage which is larger than the two -car garages staff typically sees, but there are homes in the City that have 3 -car garages. Mr. Michael Milligan stated the hardship is that the setback would put the garage more to the other side of the yard. They are trying to keep the back yard open for leisure activities. Otherwise, the back yard would basically be an alleyway between garage and the house. As far as moving back to 17.5 feet, he would tend to agree that if you park outside the garage there is room for a car. The 17.5 feet is still pushing the garage more into the yard more than what it needs to be even if they would have to park outside the garage. They have done it according to 10 feet on the diagram which lines up with the other garage. Dr. Vos stated the request is for a 26 foot x 36 foot garage. A 26 -foot garage is quite deep. The garage could be 22 feet or 24 feet so there are options to make the garage perhaps 23 feet x 36 feet and have some additional space for the back yard. Mr. Milligan stated he would be willing to negotiate with that. Ms. Milligan stated that, before this was proposed, they had APPEALS COMMISSION MEETING. JUNE 1. 1993 PAGE 14 thought of a number of ways to do this. They have lived in the house for 7 years and they like the neighborhood. They thought this would be a good way to add on by using the existing garage plus going out to the back. They have considered many options. If the house were closer to the front yard, some of those ideas might work. Because of the way the house is placed on the lot this would be an alleyway. If someone were to put up'a swing set, they would basically be up against the garage. Even at 17.5 feet or 15 feet, it would be wonderful. Ms. Smith asked if they had any problems with the stipulations. Ms. Milligan stated she realize the need to convert the existing garage to living space. However, if they must do that first, they would need storage space. They will convert the garage because this has been in their thoughts for seven years and they would convert it now. Dr. Vos asked the reason for this stipulation. Ms. McPherson stated, if the proposed accessory structure is constructed without conversion of the existing garage to living - area, they would then have a second accessory structure exceeding 240 sq. ft. and should be receiving a special use permit in addition to the variance request. If that were the case, the petitioners would have to come back through the process again. The stipulation could be amended to state a reasonable amount of time to convert the existing garage. As long as there is some type of stipulation addressing the conversion, staff would be comfortable with that. Mr. Milligan stated they had discussed shortening the garage. He can live with changing the depth to 24 feet and change the setback to 15 feet, which would be a compromise both ways. They would have a back yard and it would allow for parking. Mr. Jim Thayer stated what the petitioner is asking is certainly something the Commission should give careful thought to. He did not know how many have viewed the garage location to the south. He went there and measured the distance of that garage back from the grass side of the curb and that is 19 feet 3 inches. The actual road right of way from the back side of the curb to the lot line is very close to 8 feet 11 inches so they essentially have a 10 foot setback. He did not know what the plans are for work on 7th Street going north, but it would seem to him that what Mr. Milligan has asked for is a reasonable request and felt he should be given careful consideration in approving his proposal. He has lived in his house since 1953 and the one thing that attracted him to the area is the fact that the lots are 150 feet deep but the houses are set back 50 feet from the property lines. This makes it a very attractive area and a lot of people seem to like. He APPEALS COMMISSION MEETING. JUNE 1. 1993 PAGE 15 thought what Mr. and Mrs. Milligan are proposing is really reasonable. Dr. Vos asked if he would support the 10 foot setback. Mr. Thayer stated he did not know the length of cars now but thought 15 feet would pretty much get the car off that area. MOTION by Dr. Vos, seconded by Mr. Kuechle, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 9505 P.M. Ms. Savage stated they have a modified request for a setback of 15 feet. Dr. Vos stated the petitioner still has the option of building as large as allowed by Code. Ms. McPherson stated, as long as the structure meets the square footage requirements within the Code, the petitioner can build at 24 feet or 26 feet deep. Mr. Kuechle stated he was in favor of holding the setback at 17.5 feet. This would give almost enough space to park a car in front of the garage without infringing on the street. He would be in favor of recommending approval to 17.5 feet. Ms. Smith stated she was inclined to agree. She has a problem with the garage next door which is too close to the street and she did not think the public purpose is served by allowing another one. She can see a hardship and sees problems in putting the garage at 25 feet. She would be inclined to vote for 17.5 feet and change the stipulation to allow time to convert the.existing garage. Dr. Vos asked if the houses are set back 50 feet. Ms. McPherson stated the house is actually 55 feet from the front property line. Dr. Vos stated one of the things to look at is a hardship. He considers the setback of 55 feet a hardship. He did not see any reason why they cannot go 17.5 feet which is a compromise. The petitioner can build as big a garage as he wants as long as it stays within Code. He would rather keep the setback 17.5 feet and keep it in line with the house. Ms. Savage stated she agreed. MOTION by Ms. Smith, seconded by Mr. Kuechle,-to recommend approval APPEALS COMMISSION MEETING. JUNE 1, 1993 PAGE 16 of Variance Request, VAR #93-20, by Michael Milligan to reduce the side yard setback from 25 feet to 17.5 feet with the following stipulations: 1. Replace the existing driveway curb cut with B618 concrete curb and gutter. 2. Remove the existing driveway. 3. Convert the existing garage within 60 days after the completion of detached accessory structure. 4. Install a hard surface driveway for the new garage by July 1, 1994. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. McPherson stated the City Council would consider this request at their meeting of June 21. 3. COMPANY: Per Section 205.07.03.D.(4). (a) of the Fridley Zoni g Code, to reduce the front yard setback from 100 feet to 9q feet to allow the construction of a small addition on Lot 7, Block 1, Nagels Woodlands Addition, the same being 7615 B er Street N.E. MOTION by Dr. Vos, seconded by Mr. Kuechle, to ive the reading of the public hearing notice and open the publje6 hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPER$4N SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OP AT 9:10 P.M. Ms. McPherson stated the request is r aced the front yard setback from a right of way adjacent to re 'dential district from 100 feet to 90 feet for 7615 Baker Stree .E. The property is located !out of Osborne Road on Baker Street. The property is zoned M-1, LigRt Industrial, as are the properties to the north and east. The roperty across the street to the west is zoned R-1, Single Fami , and R-2, Two Family Dwelling. The petitioner is roposing to construct a 10 foot x 17 foot addition to the f nt of the building. The intent of the addition is to create a parate vestibule or entry which will improve the climatic cond' ions of the office space adjacent to the proposed ad 'tion. a petitioner stated it is difficult to heat these o,,fTices t a comfortable level due to the exposure on the west side f the ilding to the northwest winds. In addition to improvement PUBLIC SEARING 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 1, 1993, at 7:30 p.m. for the purpose of: Consideration of variance request, VAR #93-10, by Michael Milligan: Per Section 205.07.03.D. (2) . (c) . ((3)) of the Fridley Zoning Code, to reduce the side yard setback on a corner lot from 25 feet to 10 feet to allow the construction of a three -car garage on Lot 1, Block 3, Rice Creek Terrace 2nd Addition, the same being 392 - 66th 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. 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 25, 1993. VAR #93-10 392 - 66th Avenue N.E., Ajael Milligan Michael Milligan 392 - 66th Avenue N.E. Fridley, MV 55432 Thomas Tho]kes 495 Mississippi Street NE Fridley, MN 55432 William Hughes 465 Mississippi St. N.E. Fridley, MN 55432 Gary Phillips 531 Mississippi St. N.E. Fridley, MV 55432 Resident 431 Mississippi St. Fridley, MN 55432 MAILING LIST Greg Rasmussen 381 - 66th Avenue N.E. Fridley, MN 55432 James Thayer 377 - 66th Avenue N.E. Fridley, MN 55432 Edward Luniewski 375 - 66th Avenue N.E. Fridley, MN 55432 Fridley Church of Christ N.E. Pastor's Residence 6540 Lucia Lane N.E. Fridley, MV 55432 Phyllis Shen 390 - 66th Avenue N.E. Fridley, M 55432 Brian Hill 388 - 66th Avenue N.E. Fridley, MN 55432 Ellsworth Hinz 384 - 66th Avenue N.E. Fridley, MV 55432 Rodney Middlestedt 495 - 66th Avenue N.E. Fridley, MN 55432 Mazy Staples 512 - 66th Avenue N.E. Frid-ey, MN 55432 Jaqueline Frogh 502 - 66th. Avenue N.E. Fridley, MN 55432 Henry Martin 515 - 66th Avenue N.E. Fridley, NAV 55432 Harvard Larson 505 - 66th. Avenue N.E. Fridley, MN 55432 • Mailed: 5/21/93 Diane Savage 567 Rice Creek 'Terrace Fridley, MN 55432 City Council City Manager �► ComossION •APPLICA00N REVIEW FILE NUMBER FILE DATE MEEEnNG ATE FILE DESCRIPTION VAR #93-10 CITYOF .24 5/6/93 6/1/93 392 - 66th Ave. N.E. - side yard FRIDLEY I I I . COMPLETE REVIEW CHECKLIST AND RETURN TO PLANNING DEPT. D. COMMENTS Eg,/MICHELE M. s Rip/«e. g,r,; t',:,� �/.:..�..��� c..,! ��� ter• �'<_ �f�A� - SCOTT E. A 1141 A/ JOHN F. VV1e,' CLYDE W. eiicj2a'lr��e'i LYDE MI1n. 0<7'/ Y EON M. s JIM H. 7 -6 CHUCK M. ' rem d is-�i'wi 0 0 CITY OF FRIDLEY p 6431 UNIVERSITY AVENUE N.E. FRIDLEY, MN 55432 (612) 571-3450 - COMMUNITY DEVELOPMENT DEPARTMENT VARIANCE APPLICATION FORM PROPERTY INFORMATION - site plan required for submittal; see attached Address: An), 66 V� Av'� Y\% MIn ��`t' Property Identification Number (PIN) - 3 0-aq Legal description: Lot 1 Block 3 Tract/Addition� Current zoning: Square footagetacreage Reason for variance and hardship: _=ul-& ly-4.> +0 .bli CZ, 3 bho GALI� LQLU `%,9- tkr� mgl' Section of City Code: ave you operated a b iness in a city which required a business license? Yes No x If yes, which city? R 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 9wners must sign this form prior to pro sing) NAME Vi.LCXa ADDRESS Z kp PNP-. G DAYTIME PHONE SIGNAqtjjE DATE (o PETITIONERINFORMATION NAME MATI NAME _ &C -,W VN ADDRESSiNJJQ nE f DAYTIME PHONE & SIGNATURE /SATE SII, ) Fee: $100.00 $ 60.00 fo res den pro erties U Permit VAR # — Receipt # _ 14-ict Application received by: Scheduled Appeals Commission date: — -- T Scheduled City Council date: 3G CITY OF FRIDLEY PLAN REVIEW CHECKLIST Applicants for vacations must submit the legal description of the B. site Plan: parcel (easement, street, etc.) to be vacated. 1. Property line dimensions, location of all existing and Complete site plans, signed by a registered architect, civil proposed structures with distance from boundaries, distance between structures, building dimensions and engineer, landscape architect, or other design professional, to floor elevations include the following: A. General: 2. Grading and drainage plan showing existing natural features (topography, wetlands, vegetation, etc.) as well 1. Name and address of project as proposed grade elevations and sedimentation and storm water retention ponds. Calculations for storm water 2. Legal description (certificate of survey may be required) detention/retention areas. " 3. Name, address, and telephone number of applicant,showing 3. All existing and proposed points of egress/ingress widths of property lines, turning radii abutting engineer, and owner of record rights-of-way with indicated center line, paving width, 4. Date proposed, north arrow, scale, number of sheets, name existing and proposed median cuts, and intersections of streets and driveways of drawer S. Description of intended use of site, buildings, and 4. Vehicular circulation system showing location and dimensions for all driveways, parking spaces, parking lot structures including type of occupancy and estimated aisles, service roads, loading' areae, fire lanes, occupancy load emergency access (if necessary), public and private 6. Existing zoning and land use streets, alleys, sidewalks, bike paths, direction of traffic flow, and traffic -control devices 7. Tabulation box indicating: 5. Landscaping Plan (i) Size of parcel in sq. ft. 6. Location, access, and screening detail of trash Gross floor area of buildings enclosures Percent of site overed by building 7. Location and screening detail of rooftop equipment (iv) Percent of site Gosered-by impgV�ous surface S. Building elevations from all directions 'T .�.,T (v) Percent of site hovered by Wil'- 9. Utility plan identifying size and direction of existing grelen water and sewer lines, fire hydrants, distance of (vi) Projected numberllof employees V f)F r hydrant to proposed building (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 • F fftw=+4oPyC fetor/ /B VAR #93-10 Michael Milligan i i N 1/2 SEC. /4, T. 30, R. C/TY OF FRIDLEY i �� 12 n LOCATION MAP VAR #93-10 3c ZONING MAP VAR #93-10 • Michael Milligan m II { r I PRoPosED GAvcRerF pKrvE�✓��1 I � /9�11D t„1l4LK I � cx�sntiG NEo�E i ,------------ -- ik-�C-Kl 571AJ6 J I %XISTIAJ& Z'OvEKH4Nlr -- - I �I II I ExI STIR t, oRnrEvN -� I —}— (To se R&►rovED f It I A%/L MAII%S/45J6E t .39Z 44 B 110v6: AJC F2roLCY, AVU 3-0-13t t 3F SITE PLAN PRvpeRri Lwes I ' I I T � •I II PROPOSED 6wcRCre pffivEwpy I CxisT/N(r H606-E I I �.� I F IsTi�v� /�atJSE � I %XISTI"& Z OVC-KfMN(r 11AZZIMAI &1/45u6F 39Z 494 B� AlAf A)C- F2ID&Cr L) 3-0-73 fl •I I� A,V,. oRluCc� N ge R avED I� G6 Ty XvC /VC CERTIFICATE of FOR M���� ,�ti���►T>�� INENEOT CERTIFY THAT THIS SURVEY, PLAN, CRT ED BY ME OR UNDER MT 0 T SUPERVISION AND T 1 A A DULY �LANO SUHV YOH nOEH f K STATE OF INNESOTA. MINNESOTA RE -6i R�i�TION . N0. �-c,�—t Tz- I �.�� cuRg • SURVEY --- KURTH SURVEYING INC. 4002 JEFFERSON STREET N.E: COLUMBIA MEIGMTS MINNESOTA 35421 612-706-0769 OATS i mo. I 1119 5 PROPOSE. SCALE 1"•--142� GRADES°IRON MONUMENT 69ARINGS ARE ON AN ASSUMED DATUM 0 a 60 0 SPIKE $ET (::)a SPOT ELEVATION ( ) • PROPOSED EL.EV. "`--- --* ■ DRAINAGE ARROW GARAGE GARAGE SLAP • TOP OF PLOCKa OASEMENT FLOQR• ,L,- -,i QL— N,� - E- . ELF --V. R cp ssu rv�p� `Zri ,nn 0 A L o -r 1, 6 L 0 c- v,- 3 (c-- FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY. MN 55432 • (612) 571-3450 • FAX (612) 571-1287 June 17, 1994 Michael and Jennifer Milligan 392 - 66th Avenue N.E. Fridley, MN 55432 Dear Mr. and Mrs. Milligan: On June 21, 1993, the Fridley City Council officially approved your request for a variance, VAR #93-10, to reduce the side yard setback on a corner lot. This variance was granted to allow construction of a three car garage. I observed that no construction has currently occurred. Your variance will expire on June 20, 1994, if work has not commenced. If you desire to extend this variance, we can schedule an extension by the City Council for the July 11, 1994, meeting. Please contact me at 572-3593 at your earliest convenience if'you wish to extend your variance. sincerely, Michele McPherson Planning Assistant MM:ls C-94-161 04-1 J-4>'!�tt CITYOF FRIDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 • (612) 571-3450 • FAX (612) 571-1287 CITY COUNCIL ACTION TAKEN NOTICE June 28, 1993 Michael and Jennifer Milligan 392 - 66th Avenue N.E. Fridley, MN 55432 Dear Mr. and Mrs. Milligan: On June 21, 1993, the Fridley City Council officially approved your request for a (Variance, --VAR #93=10 1 to reduce the side yard setback on a corner lot from 25 feet to 17.5 feet, to allow the construction of a three car garage, on Lot 1, Block 3, Rice Creek Terrace 2nd Addition, generally located at 392 - 66th Avenue N.E., with the following stipulations: 1. Replacement of the existing driveway curb cut with B618 concrete curb and gutter. 2. Remove the existing driveway. The existing garage shall be converted to living area within 60 days of completion of the accessory structure. -IZIL wjtRF Installation of a hardsurface driveway for the new garage by July 1, 1994. 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. 0 Michael and Jennifer Milligan June 28, 1993 Page 2 If you have any questions regarding the above action, please call me at 572-3590. Sincerely, Barbara Dacy, AICP Community Development Director BD/dn Please review the above, sign the statement below and return one copy to the City of Fridley Planning Department by July 12, 1993. Concur with action taken e 9