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VAR15-01
"'0M,!m %A,1f'1 :RSHLEY51 FAX NO. :7635022490 Jun. 25 2015 09:14RN P1 JUN, 25, 2015 10;08AM Ediaa Realty Wayzata—FD NO- 6911 P. 1 Community Development Department City of Fridley 6481 University Avenue NB Fridley MN 55432 763.572.3592 ^•,�/[�C/��r,����`iT fax:763.671,1287 �a�acu���mu�a VARIANCE APPLICATION FORt Residential ._.2�,._... Commardal/Industrial/Multi-Fgmlly $Igris Property Informatiar Address: 1� Anoka County Property Idantificatlon Number(PIN IR): V ------^— Leg:rl0escrlptlon: a Current Zoning: square footage of Parcel;___...t.�..l.� °---� ........ Reason for Variance(one sentence summary,please otteubed full description) Fee/Property Owner Information ryes It appears on property title) a«Fee owner most sign this form prior to prooming Name(please printy �-- City: Mailing address, State: Zip code: .. ._._ Daytime thn e --- Fax Number. - .-------� e-mail addross: cell Pl)gnei i Signature/Oats: I Petitioner InformsMon lease print t �Campnny Name(p ) Contact Person's Name pion"print): v " Malling address: State, Xlp code: . •^' — Fax Number: Oayt{rne Phone: Coll Phone: address: FOR ofPICF.USE ONLY $Sa ..•�•"� 5300 R-1,Single Family Residential 1,400-Commsrcinl/In I/ I.F It Nasldantial/signs eca! til: Received By: ` Application Number: p -----•-�--^•- � I Application Date, 1 t3 pay Application C plot NatlfINII ate scheduled Appeals Camm115410 tet Scheduled City u%cll 0 C 60 Day Date: Go Day EktenAlon tat M1 VOLUME No.266 PAGE 87162 CERTIFICATE OF TITLE No. 87162 Transferred from Certificate Number(s):41695 by Document Number 329570 Originally registered on the 19th day of June, 1947,Volume 12 Page 178 STATE OF MINNESOTA COUNTY OF ANOKA S.S. REGISTRATION This is to certify that LeeAnn M.Sporre,single, whose address is 295 Ironton St.NE in the Ci of Fridley d t f MN 4 2 City yan State ,55 3 is now the owner of an estate,in fee simple of and in the following described land,situated in the County of Anoka and State of Minnesota, Lot Twenty-six(26)Revised Auditor's Subdivision numbered One hundred Three(103)Save and Except; That part of the Southeast Quarter(SEI/4)of the Northwest Quarter(NW 1/4)of Section Three(3),Township Thirty(30)North, Range Twenty-four(24)West,described as follows: Beginning at a point on the North line of said Southeast Quarter(SEI/4)of Northwest Quarter(NW 1/4),1155.29 feet East of intersection of said North line with the Easterly line of East River Road,thence East on said North line seventy-five(75)feet,thence South at right angles to said North line 326.4 feet,more or less,to North line of Ironton Street,thence West on said North line of Ironton Street,seventy-five(75)feet,thence North 326.4 feet more or less to place of beginning,and being now part of Lot Twenty-six(26),Revised Auditor's Subdivision No. 103. Excepting also: That part of the Southeast Quarter(SEI/4)of the Northwest Quarter(NW 1/4)of Section Three(3),Township Thirty(30)North, Range Twenty-four(24)West,described as follows: Beginning at a point on the North line of said Southeast Quarter(SE 1/4)of Northwest Quarter(NW 1/4), 1140.29 feet East of intersection of said North line with the Easterly line of East River Road,thence East on said North line fifteen(15)feet,thence South at right angles to said North line 326.4 feet,more or less,to North line of Ironton Street,thence West on said North line of Ironton Street fifteen(15)feet,thence North 326.4 feet more or less to place of beginning and being now the West fifteen(15)feet of Lot Twenty-six(26),Revised Auditor's Subdivision No.103. Subject to the encumbrances,liens and interest noted by the memorial underwritten or endorsed hereon;and subject to the following rights or encumbrances subsisting,as provided in Section 508.15,Minnesota Statutes,namely: 1.Liens,claims or rights arising under the laws or the Constitution of the United States,which the statutes of this state cannot require to appear of record 1.Any real property tax or special assessment. 3.Any lease for a period not exceeding three years,when there is actual occupation of the premises under the lease. 4.All rights in public highways upon the land. S.Such right of appeal or right to appear and contest the application as is allowed by law. 6.The rights ofany person in possession under deed or contract for deed from the owner ofthe certificate of title. 7.Any outstanding mechanics lien rights which may exist under Section 514.01 to 514.17. L!7 Fridley City Hall 6431 University Ave N.E. Fridley, MN 55432-4303 (763) 571-3450 • FAX (763) 571-1287 • www.FridleyNN.gov July 15, 2015 Tollberg Homes Attn: Nathan Jones 14285 1h Avenue Anoka MN 55303 Dear Mr.Jones: Per Minnesota Statute 15.99, local government units are required to notify land use applicants within 15 working days if their land use applications are complete. We officially received your application for a variance on July 2, 2015. This letter serves to inform you that your application is complete. Your Variance application hearing and discussion will take place at the City of Fridley Appeals Commission Meeting on August 5, 2015 at 7:00 P.M. in the City Council Chambers at 6431 University Avenue. If your variance application needs to be reviewed by the City Council,that meeting will be held on August 24, 2015 at 7:00 in the City Council Chambers. Please plan to be in attendance at both of the above referenced meetings. If you have any questions regarding this letter or the process, please feel free to contact me at 763-572- 3595. sin cerely, S acy tro erg Planner c: LeeAnn Sporre 295 Ironton Street NE Fridley MN 55432 CITY OF FRIDLEY PUBLIC HEARING NOTICE BEFORE THE APPEALS COMMISSION TO: All property owners/residents within 350 feet of property generally located at 285 Ironton Street NE. CASE NUMBER: VAR #15-01 APPLICANT: Tollberg Homes Petitioner or representative must attend the Appeals Commission meeting. PURPOSE: Petitioner is seeking a variance to reduce the front yard setback from 25 feet to 10 feet to allow the construction of a new house. LOCATION OF 285 Ironton Street PROPERTY AND LEGAL The legal description is on file and available at Fridley Municipal DESCRIPTION: Center. DATE AND TIME OF Appeals Commission Meeting: HEARING: Wednesday, August 5, 2015, at 7:00 p.m. The Appeals Commission Meetings are televised live the night of the meeting on Channel 17. PLACE OF Fridley Municipal Center, City Council Chambers HEARING: 6431 University Avenue N.E., Fridley, MN HOW TO 1. You may attend hearings and testify. PARTICIPATE: 2. You may send a letter before the hearing to Stacy Stromberg, Planner, at 6431 University Avenue N.E., Fridley, MN 55432 or FAX at 763-571-1287. SPECIAL Hearing impaired persons planning to attend who need an ACCOMODATIONS: Interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no later than July 29, 2015. The TDD # is 763-572-3534. ANY QUESTIONS: Contact Stacy Stromber , Planner, at 763-572-3595. *PROPOSED CITY The proposed City Council meeting date for this item will be on COUNCIL MEETING Monday, August 24, 2015. *This date is subject to change depending on the outcome of the Appeals Commission meeting. Please confirm City Council date prior to attending City Council meeting. (Please note residential variances, if approved by Appeals Commission do not go on to City Council only if they are denied. Commercial variances do go on to City Council weather they are approved or denied by the Appeals Commission. Mailed — July 24, 2015 IMI" Community Development Department Fridley Public Hearing Notice L O ---------- 0 - -- 0 N w 8255 o 8257 361 335 0 ti coo t3► N N O O 00 ti ti O O! N N M M M M M M M N IRONTON ST er �p O 8191 M N ONO M 350 M M M M N N M CID MA CP r O r r M M r �! a!! N M M M M M M M M M M N r 18O 8 0 18 t o N w to � 340 N 314 308 200 16 M M M = o 8160 8191 AN N 499 8161 00 00 oD 6 1 1 � � F T g12 8140 8145 8160 8151 0c50- � n 8111 8118 .9 000 o 0N o 0 8101 8135 8140 8141 Nye cr � %ASO o 0 0 8100 w o 0 8087 8125 812 8131 8066 apo 0 0 0 8,071 8026 c r 8121 480 0 � ap � 8020 511 501 -48080 8061 8016 � or- ctoowt '� MNB A8 8051 v's 440 w N N N N N N N N N 8012 \ _ r 361 E IR ELY ST 470 360 $��$ LCAIC04) O N N aD o N O A OD ti 0 tD M N N �V- 350 8002 N N N N N N N N N SOURCES Fridley Engineering N Fridley GIS Variance Request, VAR#15-01 Anoka County GIS Petitioner: Tollberg Homes w E Address: Vacant Lot at 285 Ironton Street NE Map Date:July 20, 2015 S i AH3AV-0"08-L i widn-dod pjogaa as falgAgJ tuawauieip i 091.5 Av3AV v-se e6 a zosl wo'AjQAeMMM sp ulp ain4384 el g zalidaa ap sups ® ® q I Lift ® aa�ed ip solpe;ssuaf& Ila HARRIER ALLEN LIND MATTHEW KARRICK CHRISTOPHER&C M 314 HUGO ST NE 275 IRONTON ST NE 290 IRONTON ST NE FRIDLEY, MN 55432-0000 FRIDLEY,MN 55432-0000 FRIDLEY,MN 55432-0000 NISEN ANDREW KAMSIN-KENYI EVELYN MUWAHID MARY J&ABDULOADER A 308 HUGO ST NE 195 HUGO ST NE 265 IRONTON ST NE FRIDLEY,MN 55432-0000 FRIDLEY,MN 55432-0000 FRIDLEY,MN 55432-0000 POSS TERRENCE A&PATRICIA RKI INCORPORATED SKRANDIES KURT&HILDEGARD 321 HUGO ST NE 850 HUBBARD AVE 311 HUGO ST NE FRIDLEY, MN 55432-0000 ST PAUL,MN 55104-0000 FRIDLEY,MN 55432-0000 NELSON DAROLD A&LISA M KRALOVEC II PAUL HAUGLAND JOHN 315 HUGO ST NE 200 HUGO ST NE 335 IRONTON ST NE FRIDLEY,MN 55432-0000 FRIDLEY,MN 55432-0000 FRIDLEY,MN 55432-0000 ARTMANN MARK J&JENIFER A LOBASH RANDALL&DARLENE THIEL JOSEPH 304 IRONTON ST NE 314 IRONTON ST NE 319 IRONTON ST NE FRIDLEY,MN 55432-0000 FRIDLEY,MN 55432-0000 FRIDLEY,MN 55432-0000 FROEHLICH SABINE SEEGER CHARLES R&JANICE R SPORRE LEEANN 301 IRONTON ST NE 324 IRONTON ST NE 295 IRONTON ST NE FRIDLEY, MN 55432-0000 FRIDLEY,MN 55432-0000 FRIDLEY,MN 55432-0000 KOEHNE MATTHEW ANNETTE TAWNI FRIDLEY CITY OF 340 IRONTON ST NE 280 IRONTON ST NE 6441 UNIVERSITY AVE NE FRIDLEY, MN 55432-0000 FRIDLEY,MN 55432-0000 FRIDLEY,MN 55421-0000 KOEHLER JILL RENVILLE KRISTI L HOLLATZ SHARON 190 IRONTON ST NE 311 IRONTON ST NE 393 LAZIER TRAIL FRIDLEY, MN 55432-0000 FRIDLEY,MN 55432-0000 REDWOOD FALLS,MN 56283-0000 BECK JEFFREY R&ANNETTE N BURLINGTON NORTHERN INC 180 IRONTON LEEY - , MN 4 2 FRIDLEY, 50000 !'V WX (p 10 6-0 rtr-f Wc)rrvi rc 1�Ito RKI INCORPORATED REXINE JASON 951 HUBBARD AVE 295 HUGO ST NE ST PAUL, MN 55104-0000 FRIDLEY, MN 55432-0000 T „ua6P3 dB-dod asodxa �� jaded psaj ®09LS a}eldwal IGaAv asn i e09 Ls ®A2 RAV D 1 04 null 6uole puss ® `r i s#age7®lead�(se,3 BURLINGTON NORTHERN INC PROPERTY TAX DEPARTMENT,PO BOX 961089 FORT WORTH TX 76161-0089 SHAMROCK DEVELOPMENT INC 3200 MAIN ST SUITE 300 COON RAPIDS MN 55448-0000 PLANNING APPLICATION CHECK LIST Name of Applicant Contact Name/Number: �'� 2t?5` ply bl0 Name of Project: A l% MAI ti IM 1' Address: U) Date Submitted: Application #: V I'Iv� 60 Day Ext. Letter Needed? 60 Day Ext. date if needed: Complete Application Form Verify address, legal, PIN Torrens, print cert' 'tate of title Abstract Narrative V Necessary plans submitted l/ 15 Day Letter Sent? Public hearing notice description ft, UA�J.(-P, �d� hLat Map and labels printed • Is there a need for labels from neighboring communities? GJ Plans to submit to Anoka Co? ij Plans to submit to Mr)MOT? G'U Plans to submit to any other agency? Segment Segment ROW Surface Curb Base Binder Wear Over Mill Sealcoat Code Street Name Street Start Street End Cl Tyne Length Width Width TvneMatl Year Tyne Course Cgurse I&v Depth ConstTvne HUG15 1990 0 0 0 0 T HUG15 1984 0 0 0 0 P HUG15 1967 46 0 1.5 0 0 INDOS INDUSTRIAL BLVD RST WAY SMO WAY L MPS 0.161 M 40 8 CON IND05 1997 0 0 0 0 G IND05 1995 0 1.5 0 0 IND05 1980 85 2 0 0 0 INDIO /NOUSTRIAL BLVD 3.?ND WAY ME WAY L MSAS 0.088 66 40 8 CON IND10 1997 0 0 0 0 G IND10 1995 0 1.5 0 0 IND10 1979 85 2 0 0 0 1015 INDUSTRIAL BLVD MV WAY NOR THSff L MCS A101 66 40 8 CON IND15 1995 0 1.5 0 0 IND15 1975 85 2 0 0 0 NOW INDUSTRIAL BLVD SHWS3RDWAY ASMONAVf L MCS 0.084 M 40 8 CON IND20 1995 0 0 1:5 0 IND20 1985 85 2 0 0 0 /1006 IRONTONST RIVf1VIfW TfRR BROAD ST L MCS A 14 SO 30 8 CON IR006 2008 0 0 0 0 G IR006 1999 65 2 1.5 0 0 R NOR MONTONST BROAO ST fAST RIVfR RD L MCS O.ISR 40 30 8 CON IR009 2008 0 0 0 0 G IR009 1999 65 2 1.5 0 0 R IR010 MONTONST fASTRIY[RRD INGOST L MCS 0.118 66 30 4 CON IR010 2008 0 0 0 0 G IRO10 1999 0 0 0 0 G IR010 1990 0 0 0 0 T IR010 1984 0 0 0 0 P IR010 1964 65 0 2 0 0 11016 IRONTONST NUGOST AS/ITONAVf L MCS 0.038 66 30 8 CON IR016 2005 65 2 1.5 0 0 R PON ISLAND PMKDRIVf ANNA AVf f R/VfR M L MCS 0.091 SO 30 8 CON IPD06 2008 65 2 1.5 0 0 R IACOS JACI(SONST CARR/ELAN[ MAUVf L MCS 0.111 60 40 8 CON JAC05 2005 0 0 0 0 G JAC05 2000 0 0 0 0 G JAC05 1979 0 0 0 0 P JAC05 1975 85 1.5 1.5 0 0 Friday,April 29,2011 Page 50 of 78 1/12/2015 Property Full Report, Lots&Land, MLS#: 4542684 Xxxx Ironton St NE, Fridley, MN 55432 t32 $5th AvStatus: Active F NW fq, a List Price: $79,000 Y,. ern ap0jgbrpokNatlre _ Center tiW Original List Price: $79,000 xwin nat Map Page: 78 Map Coord: C1 Directions: East River Rd,East on m ssv St Nr. Inronton St NE Z ':. 'f9 70'4 Mrf35ot,uorpcw n- ,� TAX INFORMATION Front Dimensions: 66 Acres: 0.51 Property ID: 033024240018 Tax w/assess: 268.00 Left Dimensions: 340 Min Lot Size: Property ID#2: Assess Bal: 0.00 Right Dimensions: 339 Fire#: Property ID#3: Assess Pend: No Rear Dimensions: 68 Tax Year: 2014 Homestead: No List Date: 11/5/14 Received By MLS: 11/5/14 Tax Amt: 268.00 Plat Recorded: Yes Days On Market: 68 PDOM:68 General Property Information Legal Description: LOT 26 REV AUD SUB NO 103 EX WILY 90 FT THEREOF(AS MEAS ALG&PERP TO N LINE OF SD LOT 26)SUBJ TO EASE OF REC County: ANOK-Anoka Complex/Dev/Sub: School District: 11 -Anoka-Hennepin,763-506-1000 Builder Restriction: Open Land Inclusions: Survey,Survey Stakes,Platted, Improvements: Curbs,Paved Streets,Storm Sewer Easements,Torrens Zoning: Reside ntialSingle Road Frontage: City,Paved Streets Lot Description: Other Available Utilities: Electric,Natural Gas,City Water, On Site Utilities: None City Sewer,Storm Sewer, Telephone,Cable T.V. Dev Status: Subdivided Fencing: None Farm Type: Tillable Acres: Topography: Level,Sloped Soil Type: Sand Pasture Acres: Out Buildings: Crop Type: Wooded Acres: Agric.Water: Agent Remarks: Survey is complete and available,see supplement.Buyer may need to obtain a variance with the City of Fridley to reduce the front set back due to the 50'from high water mark rear set back requirement.Use book a showing to make apt to walk the lot. Public Remarks: Private 1/2 acre creekside lot--part of the original Kemps Farm! Double deep lot backs to nature conservatory&offers incredible views of nature&meandering Springbrook Creek.Feels like a retreat,yet a close-in Fridley location.Build your dream! Lake[Waterfront Information Name: DNR Lake ID#: WF Footage Ft: Type: Creek/Stream Lake Acres: Lake Depth (ft): Waterfront View: See Remarks Financial Cooperating Broker Compensation Buyer Broker Comp: 2.7% Sub-Agent Comp: 0% Facilitator Comp: 0% Variable Rate: N List Type: Exclusive Right In Foreclosure?: No Lender Owned?: No Potential Short Sale?: No Information Deemed Reliable But Not Guaranteed.©2015 Regional MLS of Minn.,Inc.All Rights Reserved. Page 1 of 2 1/12/2015 Property Full Report, Lots&Land, MLS#: 4542684 Xxxx Ironton St NE, Fridley, MN 55432 Owner is an Agent?: No Sellers Terms: FHA,DVA,Conventional,Cash Existing Fin: Free and Clear Listing Agent:Andrew J.Baer 612-296-2999 Listing Office: Edina Realty,Inc. Appt Phone: 952-475-2411 Office Phone: 952-475-2411 Co-List Agent: Jennifer Morris 952-937-8600 This Report Prepared By: Andrew Baer 612-296-2999 Information Deemed Reliable But Not Guaranteed.©2015 Regional MLS of Minn.,Inc.All Rights Reserved. Page 2 of 2 C VY Oi- DY altlVA VIJ ok Y'l, [phone]762786 1333 [fax] 63 780.8728 96 Blaine,MN 55449 r • "VU fi1�ti �aYL s 1 >' vc1 — DRC Meeting Fol ridley February 17, 2015 8:30 a.m., Conference Room A AGENDA 1. 8:30—Andy Baer with Edina Realty will be coming in to discuss the requirements for building a new house on the vacant lot owned by Leeann Sporre, located between 295 and 275 Ironton Street C . . - ( �� ' ! 6 C / p C ' 0 lOrfvtl I UtS on VG a.vvvr Y M�4 cb 2. Discussion on fence code text amendment r, 1 i I 3. Discussion on Beekeeping 4. Other Signa r Date: ww� UAMY_L_-k AW DRC Meeting city February 17, 2015 Y 8:30 a.m., Conference Room A AGENDA 1. 8:30—Andy Baer with Edina Realty will becoming into discuss the requirements for building a new house on the vacant lot owned by Leeann Sporre, located between 295 and 275 Ironton Street. 2. Discussion on fence code text amendment 3. Discussion on Beekeeping 4. Other Signature: Date: — DRC Meeting CUY FridY le February 17, 2015 8:30 a.m., Conference Room A AGENDA 1. 8:30—Andy Baer with Edina Realty will be coming in to discuss the requirements for building a new house on the vacant lot owned by Leeann Sporre, located between 295 and 275 Ironton Street. I c. 50 s�cd--6ck C4-e 7 m 2. Discussion on fence code text amendment 3. Discussion on Beekeeping 4. Other Signature: Date: tlDRC Meeting February 17, 2015 8:30 a.m., Conference Room A AGENDA 8:30—Andy Baer with Edina Realty will be coming in to discuss the requirements for building a new house on the vacant lot owned by Leeann Sporre, located between 295 and 275 Ironton Street. ! /� Q� -- V �•✓ \tom._ .. <.1L. P C� •+` �i`.l p..+`�.. �.,� ���o � 2� Discussion on fence code text amendment 3. Discussion on Beekeeping 4. Other Signature: Date: _ DRC Meeting Fridley February 17, 2015 8:30 a.m., Conference Room A AGENDA 1. 8:30—Andy Baer with Edina Realty will be coming in to discuss the requirements for building a new house on the vacant lot owned by Leeann Sporre, located between 295 and 275 Ironton Street. 2. Discussion on fence code text amendment 3. Discussion on Beekeeping 4. Other Signature: Date: — DRC Meeting Fridley February 17, 2015 8:30 a.m., Conference Room A AGENDA 1. 8:30—Andy Baer with Edina Realty will becoming into discuss the requirements for building a new house on the vacant lot owned by Leeann Sporre, located between 295 and 275 Ironton Street. I 2. Discussion on fence code text amendment 3. Discussion on Beekeeping 4. Other Signature: Date: Fridley DEVELOPMENT REVIEW COMMITTEE - LAND USE ITEM WORKSHEET Petitioner:Tollberg Homes Address: 285 Ironton Street Land Use Case Number: VAR#15-01—variance to reduce the front yard setback ❑ Paul Bolin ❑ Rick Current ❑ Scott Hickok ❑ Dave Jensen ❑ Julie Jones ❑ Ron Julkowski ❑ Jack Kirk ❑ Jim Kosluchar ❑ Pat Maghrak ❑ Jon Lennander ❑ Kay Qualley ❑ Mary Smith Stacy Stromberg ❑ Brian Weierke Planning Issue: Engineering Issues: ❑ Setbacks/Lot coverage ❑ Storm water ❑ Parking ❑ Utilities ❑ Landscaping ❑ Curbing ❑ Bike racks/sidewalks ❑ Li Building Issues: Fire Issues: ❑ State Building Code ❑ Truck access ❑ Need Signed Plans ❑ Sprinkler requirements ❑ SAC Units ❑ Hydrant location ❑ ❑ Potential Stipulations: Additional Comr7'nts: o(' VU Signature: Date: 1 Fridley DEVELOPMENT REVIEW COMMITTEE — LAND USE ITEM WORKSHEET Petitioner:Tollberg Homes Address: 285 Ironton Street Land Use Case Number: VAR#15-01—variance to reduce the front yard setback ❑ Paul Bolin ❑ Rick Current Scott Hickok ❑ Dave Jensen ❑ Julie Jones ❑ Ron Julkowski ❑ Jack Kirk ❑ Jim Kosluchar ❑ Pat Maghrak ❑ Jon Lennander ❑ Kay Qualley ❑ Mary Smith ❑ Stacy Stromberg ❑ Brian Weierke Planning Issue: Engineering Issues: ❑ Setbacks/Lot coverage ❑ Storm water ❑ Parking ❑ Utilities ❑ Landscaping ❑ Curbing ❑ Bike racks/sidewalks ❑ Li Building Issues: Fire Issues: ❑ State Building Code ❑ Truck access ❑ Need Signed Plans ❑ Sprinkler requirements ❑ SAC Units ❑ Hydrant location ❑ ❑ Potential Stipulations: Additional Comments: 2 fti roti ZcJiu � fv L Signature Date: /9 l5 Fridley DEVELOPMENT REVIEW COMMITTEE - LAND USE ITEM WORKSHEET Petitioner: Tollberg Homes Address: 285 Ironton Street Land Use Case Number: VAR#15-01—variance to reduce the front yard setback ❑ Paul Bolin ❑ Rick Current ❑ Scott Hickok ❑ Dave Jensen V Julie Jones ❑ Ron Julkowski ❑ Jack Kirk ❑ Jim Kosluchar ❑ Pat Maghrak ❑ Jon Lennander ❑ Kay Qualley ❑ Mary Smith ❑ Stacy Stromberg ❑ Brian Weierke Planning Issue: Engineering Issues: ❑ Setbacks/Lot coverage ❑ Storm water ❑ Parking ❑ Utilities ❑ Landscaping ❑ Curbing ❑ Bike racks/sidewalks ❑ Ll Building Issues: Fire Issues: ❑ State Building Code ❑ Truck access ❑ Need Signed Plans ❑ Sprinkler requirements ❑ SAC Units ❑ Hydrant location ❑ ❑ Potential Stipulations: Additional Comments: Signature: Date: 7-/�— �w Fridley DEVELOPMENT REVIEW COMMITTEE - LAND USE ITEM WORKSHEET Petitioner: Tollberg Homes Address: 285 Ironton Street Use Case Number: VAR#15-01—variance to reduce the front yard setback Paul Bolin ❑ Rick Current ❑ Scott Hickok ❑ Dave Jensen ❑ Julie Jones ❑ Ron Julkowski ❑ Jack Kirk ❑ Jim Kosluchar ❑ Pat Maghrak ❑ Jon Lennander ❑ Kay Qualley ❑ Mary Smith ❑ Stacy Stromberg ❑ Brian Weierke Planning Issue: Engineering Issues: 1j"'Setbacks/Lot coverage ❑ Storm water ❑ Parking ❑ Utilities ❑ Landscaping ❑ Curbing ❑ Bike racks/sidewalks ❑ Ll ^j, Building Issues: Fire Issues: ❑ State Building Code ❑ Truck access ❑ Need Signed Plans ❑ Sprinkler requirements ❑ SAC Units ❑ Hydrant location ❑ ❑ Potential Stipulations: 1 Additional Comments: t Signature: - Date: f 5 DEVELOPMENT REVIEW COMMITTEE — LAND USE ITEM WORKSHEET Jv, Fridle Petitioner:Tollberg Homes Address: 285 Ironton Street Land Use Case Number: VAR #15-01—variance to reduce the front yard setback ❑ Paul Bolin ❑ Rick Current ❑ Scott Hickok ❑ Dave Jensen ❑ Julie Jones X Ron Julkowski ❑ Jack Kirk ❑ Jim Kosluchar ❑ Pat Maghrak ❑ Jon Lennander ❑ Kay Qualley ❑ Mary Smith ❑ Stacy Stromberg ❑ Brian Weierke Planning Issue: Engineering Issues: ❑ Setbacks/Lot coverage ❑ Storm water ❑ Parking ❑ Utilities ❑ Landscaping ❑ Curbing ❑ Bike racks/sidewalks ❑ Ll Building Issues: Fire Issues: ❑ State Building Code ❑ Truck access ❑ Need Signed Plans ❑ Sprinkler requirements ❑ SAC Units ❑ Hydrant location ❑ ❑ Potential Stipulations: Additional Comments: Signature: Date: Ftidlc y DEVELOPMENT REVIEW COMMITTEE - LAND USE ITEM WORKSHEET Petitioner: Tollberg Homes Address: 285 Ironton Street Land Use Case Number: VAR#15-01—variance to reduce the front yard setback ❑ Paul Bolin ❑ Rick Current ❑ Scott Hickok ❑ Dave Jensen ❑ Julie Jones ❑ Ron Julkowski ❑ Jack Kirk ❑ Jim Kosluchar ❑ Pat Maghrak ❑ Jon Lennander XKay Qualley ❑ Mary Smith ❑ Stacy Stromberg ❑ Brian Weierke Planning Issue: Engineering Issues: ❑ Setbacks/Lot coverage ❑ Storm water ❑ Parking ❑ Utilities ❑ Landscaping ❑ Curbing ❑ Bike racks/sidewalks ❑ Ll Building Issues: Fire Issues: ❑ State Building Code ❑ Truck access ❑ Need Signed Plans ❑ Sprinkler requirements ❑ SAC Units ❑ Hydrant location ❑ ❑ Potential Stipulations: Additional Comments: 1 Signature: 1 Date: Fridlc y DEVELOPMENT REVIEW COMMITTEE - LAND USE ITEM WORKSHEET Petitioner: Tollberg Homes Address: 285 Ironton Street Land Use Case Number: VAR#15-01—variance to reduce the front yard setback ❑ Paul Bolin ❑ Rick Current ❑ Scott Hickok ❑ Dave Jensen ❑ Julie Jones ❑ Ron Julkowski ❑ Jack Kirk ❑ Jim Kosluchar ❑ Pat Maghrak ❑ Jon Lennander ❑ Kay Qualley e-C<, Mary Smith ❑ Stacy Stromberg ❑ Brian Weierke Planning Issue: Engineering Issues: ❑ Setbacks/Lot coverage ❑ Storm water ❑ Parking ❑ Utilities ❑ Landscaping ❑ Curbing ❑ Bike racks/sidewalks ❑ Ll Building Issues: Fire Issues: ❑ State Building Code ❑ Truck access ❑ Need Signed Plans ❑ Sprinkler requirements ❑ SAC Units ❑ Hydrant location ❑ ❑ Potential Stipulations: Additional Comments: Signature: Date: / / Fridley DEVELOPMENT REVIEW COMMITTEE — LAND USE ITEM WORKSHEET Petitioner:Tollberg Homes Address: 285 Ironton Street Land Use Case Number: VAR #15-01—variance to reduce the front yard setback ❑ Paul Bolin ❑ Rick Current ❑ Scott Hickok ❑ Dave Jensen ❑ Julie Jones ❑ Ron Julkowski ❑ Jack Kirk ❑ Jim Kosluchar ❑ Pat Maghrak .Jon Lennander ❑ Kay Qualley ❑ Mary Smith ❑ Stacy Stromberg ❑ Brian Weierke Planning Issue: Engineering Issues: ❑ Setbacks/Lot coverage ❑ Storm water ❑ Parking ❑ Utilities ❑ Landscaping ❑ Curbing ❑ Bike racks/sidewalks i Q « i 'n("Qoj A-C3 Ll r.�o T- AM Building Issues: Fire Issues: ❑ State Building Code ❑ Truck access ❑ Need Signed Plans ❑ Sprinkler requirements ❑ SAC Units ❑ Hydrant location ❑ ❑ Potential Stipulations: Additional Comments: Signatur Date: PUBLIC HEARING MEETING OF JUNE 14, 1976 PAGE 5 1 r MR. KENNETH SPORRE, a9"I IRONIOK-S:�REET-NIQRTMEAS_T_�, Mr. Sporre asked the City Council to waive the 35 foot setback to the building of a home. By so doing it will keep his house in line with the other homes, otherwise his house will be in the creek. He said that the area is unusual in several ways and that pre- cipitated the problem of the 35 foot setback. He stated there had been a class action in which all variances were waived for that area, but that information has not been dug up yet. It takes time to find it. Mr. Sporre talked about the problems with surveying the area, not only by him, but by others, and that possibly some homes are on property that belongs to others. The City Attorney suggested that the matter be laid over until next week when Mr. Sporre would come in with a survey of the property and with some indication of where the house will be located. This would also give Mr. Sporre and the staff time to exchange infor- mation. Mr. Sporre said that he has a surveyor working on the problem. Also that he has the signatures of the adjoining property owners, and there is no objection to his request. Mayor Nee suggested that Mr. Sporre take his matter immediately to the Appeals Commission with the signatures which will have the effect of waivino the notice. If there is no vote against it, it'will be binding. If there is a vote against it, it will have to come to the Council next Monday night. ADJOURNMENT: MOTION by Councilman Starwalt to adjourn the meeting. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the meeting of the Fridley City Council of June 14, 1976 adjourned at 9:45 p.m. Respectfully submitted, John Chegwyn William J. Nee Council Secretary Mayor I Approved: I I FRIDLEY APPEALS COMMISSION MEETING JUNE 15, 1976 MEMBERS PRESENT: Virginia Wahlberg, Alex Barna, Pat Gabel, Dick Kemper, Jim Plemel MEMBERS ABSENT: None OTHERS PRESENT: Ron Holden, Building Inspection Officer The meeting was called to order by Chairperson Wahlberg at 7:28 P.M. APPROVAL OF MAY 25, 1976 APPEALS COMMISSION MINUTES: MOTION by Barna, seconded by Kemper, to approve the minutes of the May 25, 1976 Appeals Commission Meeting. Mr. Barna stated that on page 8, second paragraph, he would like "Tasty Freeze" changed to "Fast-Food Service". Mrs. Gabel stated that under the discussion on hOl ,lots on page 9, second paragraph, hOl lots should be changed to "dealing with lots under 75'". Upon a voice vote, all voting aye, the motion carried unanimously. 1. A REQUEST FOR A VARIANCE OF THE FRIDLEY CITY CODE AS FOLLOWS: SECTION 205.0539 4A, TO REDUCE THE FRONT YARD SETBACK FROM THE REQUIRED 35 FEET TO 5' - 101 (NO SURVEY AVAILABLE AT THIS TDIE) TO ALLOW THE CONSTRUCTION OF A NFJ HOUSE AND GARAGE TO BE LOCATED ON THE WEST 75 FEET OF LOT 26, REVISED AUDITOR'S SUBDIVISION #1032 THE SAME BEING 295 IRONTON STREET, N.E., FRIDLEY, MINN. (REQUEST BY MR. KEN SPORRE, 301 IRONTON STREET, N.E., FRIDLEY, MINN.) Chairperson Wahlberg told the Commission that no notice of this request for variance had been received, but it came to them through the City Council meeting held last night. She explained that Mrs. Sporre had appeared before the Council and the City Attorney's opinion was that if Mrs. Sporre could get approval from adjacent neighbors within 2001 , she could appear before the Appeals Commission at this meeting. MOTION by Gabel, seconded by Barna, to open the public hearing. Upon a voice vote, all voting aye, the motion carried unanimously. Mrs. Sporre stated that all they were trying to do was put their home in line with all the others. Mrs. Gabel said that she felt this should have come before the Appeals Commission first before going to the City Council, and Mr. Barna said it was on the Council agenda as an additional item at their meeting. ti Mr. Holden stated that the street right-of-way going by the house and lots was way to the South, and that the houses next door were probably in the neighborhood of 10' setbacks. Mrs. Gabel asked how soon they planned to start construction, and Mrs. Sporre answered that the reason she was here was because they would like to start immed- iately. She said she didn't thinit they even needed a variance because they could build now, but the house would sit way back. She added that no one else has had to go through this procedure but them. Chairperson Wahlberg said that the normal procedure was to apply for a building permit first, then if the staff felt there was any variance needed it would come before the Board to determine if it should or should not be granted. She said it would then either be approved immediately, or if there was a discrepancy it would then go to the Council; so if it had gone in the proper order it may not ever have had to go to the City Council. She explained that if, at the Appeals Commission level there was any dissension, it would have to go back to the Council anyway. Mrs. Gabel asked why it couldn't be determined if the setback should be 5 or ten feet if all the other houses were in a straight line, and Mrs. Sporre said it was because there was some conflict on where the street was. Mrs. Gabel asked if Mrs. Sporre would agree to a stipulation that her house be in line with all the other houses if this request was granted, and Mrs. Sporre replied she would. Chairperson Wahlberg asked if they were planning on building this house to live in themselves, and Mrs. Sporre said they were. Mrs. Sporre explained they owned both parts of lot 26, and hoped to keep the additional section for a yard until their children were grown and then someday sell it off. Mr. Plemel asked if there was a double boulevard in front, and Mr. Holden said there was, roughly 40' from the front of the house to the curb. Mr. Plemel asked if the only variance was to come up within five to ten feet of the lot line, and Mrs. Sporre said yes, so their house would be set back the same as everybody elses. Chairperson Wahlberg asked when the other homes in the area were built, and Mrs. Sporre replied that the home she was in now was built in 1952. Mr. Kemper asked what the time delays were in going through a building permit, and Mr. Holden said 'that if there were no complications as far as setback, etc., it usually took about three days. Mr. Kemper asked Mrs. Sporre if she had plans, and sne replied she did. Chairperson Wahlberg pointed out that not all of the property owners within 200 feet had signed letters of approval. Mr. Plemel stated that the City Code stated that all property owners within 200 feet be notified, and there could be legal ramifications if this wasn't adhered to. MOTION by Plemel, seconded by Kemper, to receive eleven petitions of approval presented by Mrs. Sporre. Upon a voice vote, all voting aye, the motion carried unanimously. Chairperson Wahlberg asked if Staff had time to look at this request today and Mr. Holden replied he hadn't began work *on it until 3:00 this afternoon. Je -,aid the field problem of resurveying was great, and he could sympathize with the petitioners just trying to survey the lot. FRIDUY APPEALS COMMISSION MEETING OF JUNE 15, 1976 - PAGE 3 Chairperson Wahlberg asked if there was any opinion from anybody else on the staff regarding construction. Mr. Holden answered there wasn't, and as far as what the staff knew now the variance procedure would be required. He said he thought it was a reasonable request to have the house set back the same as the others. Mr. Kemper asked what the public purpose served would be, and Mr. Barna said it was to allow for off-street parking and to keep the front alignment with the other structures. Mr. Kemper asked Mrs. Sporre how long they had been planning on building this, and she replied about six months. She stated that it wasn't until they were approved by the bank that they were interested in starting. Mr. Holden asked why they hadn't filed for a building permit, and Mrs. Sporre said they did intend to file as soon as they had this problem cleared up, but had wanted to solve this problem first. She said they were trying to get every- thing taken care of with lending agencies, neighbors on vacations, etc. Chairperson Wahlberg said she was sure Mrs. Sporre could appreciate the Board's situation, as it became a problem for them when they had something brought to them without normal procedure that they were supposed to follow. She said that everyone had the same problems as far as financing and neighbors being gone, and the Board had to be consistent in that procedure. MOT10N by Barna, seconded by Kemper, to close the public hearing. Upon a voice vote, all voting aye, the motion carried unanimously. Chairperson Wahlberg explained that this variance would be reducing the front yard setback from 35' to 5 - 10' approximately, there being an approximate boulevard of 30' which would then place the house in line with the other existing houses at approximately 40' from the curb. Mrs. Gabel said she had no argument with the variance, but it bothered her that not all the people had been notified. Mr. Kemper stated that this had been referred to them by the Council for an opinion, and they could give an opinion, but there were some signatures that hadn't been obtained, a Staff Report that hadn't been obtained, and the building permit hadn't been applied for. He said he would like to approve the variance if these loose ends were tied up. He added that he thought from a hardship stand- point and public purpose standpoint he didn't see any problems, but the missing elements did bother him. Chairperson Wahlberg said that in all fairness to the petitioner, it was not normally necessary to get the signature of everyone within 200 feet, but she said she felt those people should at least be notified and then if they wished to express any approval or disapproval they could do so at the Council meeting. Mr. Holden said he thought that would s&e the situation, as right now the Board would be acting without all the information being available. Chairperson Wahlberg said that another point was that Staff did not have adequate time to do the background research and she felt at least that part should be completed for the City Council. She added that she felt the Board would be acting somewhat in the dark without the staff's opinions. FRIDLEY APPEALS C011MISSION MEETING OF JUNE 159 1976 - PAGE 4 o t. - h Mr. Holden said another question he had was in regard to fencing in the front yard, and Mrs. Sporre said they did not intend to fence it in but did intend to plant trees. Mrs. Wahlberg asked if there were any easements through the front of the lot, and Mrs. Sporre said there were none. Mrs. Gabel asked if Mrs. Sporre would obtain a building permit before the Council meeting, and she answered she would. Mr. Kemper asked if there was anyone in disagreement with what the Sporres wanted to do, and there was no response. MOTION by Kemper, seconded by Gabel, to approve the request for variance with the following stipulations: 1. The building permit be applied for. 2. The fees associated with the appeals procedure be paid. 3. The individuals within 200 feet of the property that have not responded be notified in writing. of the hearing before the City Council on June 211, 1976. 4. The building be kept in the line-of-site with the other homes. 5. The Staff research the previous court case and prepare a recommendation for the Council. r �6. This request appear on the Council agenda at its next meeting. Mr. Holden asked if it would be irregular to ask the petitioner to get the signa- tures, because if the notice was mailed out there might not be enough response time. Chairperson Wahlberg said that was her point--that they receive formal notice so they would have the opportunity to voice their objections. She said this would be follotaing the code which states they shall be notified. Upon a voice vote, all voting aye, the motion carried unanimously. Mrs. Sporre asked if this interpretation would apply to the other lot also, and Chairperson Wahlberg said it would not, and that if they intended to build on the other lot varying from the setback of 35' they would need another request for variance. Mr. Kemper said that he would like to go on record that he thought the City Council was out of line in pushing this on the Board of Appeals on this short notice, and Mrs. Gabel agreed. 2. A REQUEST FOR A VARIANCE OF: SECTION 205.053, 5B., FRIDLEY CITY CODE, TO REDUCE THE SIDE YARD SETBACK OF A DETACHED GARAGE WHICH OPENS ON A SIDE STREET FROM THE REQUIRED 25 FEET TO 19 FEET, TO ALLOW THE CONSTRUCTION OF A DETACHED GARAGE, TO BE LOBATED ON LOTS 29 AND 30, BWCK 5, OAK GROVE ADDITION, TnE SAME BEING 6595 ANOKA STREET N.E., FRIDLEY, MINNESOTA. (REQUEST BY MR. RAY JAMEY, 6595 ANOKA STREET, N.E., FRIDLEY,$ MINNESOTA 55432.) MOTION by Barna, seconded by Gabel, to open the public hearing. Upon a voice vote, all voting aye, the motion carried unanimously. 90 REGULAR COUNCIL MEETING OF JUNE 21 , 1976 PAGE 2 CONTINUED PUBLIC HEARING ON REZONING REQUEST, ZONING ORDINANCE AMENDMENT, ZOA #76-02, BY ROBERT D. DEGARDNER TO REZONE FROM R-3A TO CR-1 ; GENERALLY LOCATED AT 6431 HIGHWAY #65 N.E. CONTINUED JUNE 14, T-976): Mr. DeGardner was present and explained his views of his plat to the City Council. He also showed the diagrams of his building to the Council. Mayor Nee said that the letter from Mr. Russell Burris, 1150 Mississippi Street Northeast, dated June 21 , 1976, should be entered into the record. Mr. Arnold Elmquist, 8140 Long Lake Road Northeast. was present and reiterated his opinions of last week at the City Council meeting. Councilman Fitzpatrick said he had a letter from a woman who said she did not object to the building but she would object to further changes in the R-1 character of the district. Mr. Richard Harris, 6200 Riverview Terrace Northeast (Planning Commission Chairman), stated that if the City Council does concur with the request, then a request should go to the Planning Commission to re-study the whole area so that the comprehensive plan of the City can be amended. It now states that the characteristics of this area should be residential. Mayor Nee read a letter to the audience from Mr. Neil W. Stuber, 6452 Dellwood Drive Northeast, in which Mr. Stuber expresses his opposition to the rezoning request. MOTION by Councilman Starwalt to close the public hearing. Seconded by Councilwoman Kukowski. The matter will come up again during_ the first meeting in July. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. PUBLIC HEARING ON A VARIANCE REQUEST BY KENNETH SPORRE TO REDUCE THE FRONT YARD SETBACKTO BE IN LINE WITH THE EXISTING HOUSES APPR XIPATELY 5- 0 FEE TO ALL041 CONSTRUCTION OF HOUSE AND GARAGE ON WESTERLY 75 FEET ON LOT 26, A.S. #103; 295 IRONTON STREET N.E. : '- MOTION by Councilman Starwalt to open the hearing and waive the reading. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Starwalt to close the hearing. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Fitzpatrick to concur with the recommendations of the Appeals Commission and grant the variance. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OLD BUSINESS: CONSIDERATION OF A REQUEST FOR VARIANCE BY A. L. WILLIAMS, 533 GLENCOE, FOR LOT AREA RED CTI FR M 7500 SQUARE FEET TO 5500 S UARE FET T BLED 6/7/76): MOTION by Councilman Fitzpatrick that the City Council concur with the Appeals Commission and grant the variance. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS: CONSIDERATION OF APPROVAL OF FINAL PLAT SUBDIVISION P.S. #76-04, BY MIKE O'BANNON, HE THE H S 3RD D I I : - MOTION by Councilman Starwalt to approve the final plat. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 13, 1993 PAGE 17 setback. Seconded by councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared,-the motion carried unanimously. 14. RECEIVE AN ITEM FROM THE MINUTES OF THE APPEALS COMMISSION MEETING OF AUGUST 31, 1993: A. VARIANCE REQUEST, VAR #93-22, BY MARK BLEGEN, TO REDUCE THE FRONT YARD SETBACK FROM 35 FEET TO 8.2 FEET; TO REDUCE THE SIDE YARD SETBACK FROM 10 FEET TO 9.8 FEET; TO ALLOW THE RECONSTRUCTION OF A NONCONFORMING STRUCTURE THAT WAS DAMAGED MORE THAN FIFTY PERCENT OF ITS VALUE DUE TO FIRE DAMAGE. GENERALLY LOCATED AT 275 IRONTON STREET N.E. : Ms. Dacy, Community Development Director, stated that this is a variance to reduce the front yard setback from 35 feet to 8.2 feet and to reduce the side yard setback from 10 feet to 9.8 feet in order to allow the reconstruction of a non-conforming structure damaged more than fifty percent of its value due to a fire. She stated that this structure was damaged by a fire in August, and the Chief Building Official has verified that over fifty percent of the value of the structure was destroyed in the fire. Ms. Dacy stated that staff and the Appeals Commission recommend denial of the variance request, but it should be noted that there is a creek that meanders through the rear portion of the property and moving the house back may impact the edge of that creek. She stated that some type of front yard variance would be necessary, but since over fifty percent of the value was destroyed, this may be the opportune time to reconstruct the home within the existing code. Ms. Dacy reviewed some of the setbacks of other homes in the area, and some homes have only five feet to ten feet front yard setbacks. Mr. Blegen, the petitioner, stated that all he wanted to do was to build on the same footings. He stated that if he has to remove the existing foundation, it would cost $15,000. He stated that he is living in an apartment at the present time -and would like to get started on rebuilding. Councilman Schneider stated that he has contacted the Ward Council- member, Ed Fitzpatrick. He has indicated he supports this front yard variance. Ms. Sporre, 295 Ironton Street, stated that she lives next door to this property, and the neighborhood is in favor of the variance. She stated that if Mr. Blegen were to move the home back, it would impact on the beautiful oak trees on the property. She stated that there are other homes with these setbacks, and they would like to keep the integrity of the neighborhood. i FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 13, 1993 PAGE 18 Ms. Sporre stated that there is a long history to the boulevards on this street. She stated that both boulevards or easements are on one side of the street which was a compromise reached when residents stated that they would sue the City. Mayor Nee stated that the south boulevard was moved to the north side and the lot line moved north to include two boulevards. Councilwoman Jorgenson stated that she cannot foresee the street being widened, and she could not know what future councils might do. Ms. Sporre felt that if Mr. . Blegen had to maintain a 35 foot setback and build to the rear of the property, there might also be problems with flooding. She stated that water backs up now in the creek with water coming from the housing project in Coon Rapids. MOTION by Councilman Schneider to grant Variance Request, VAR #93-22, to reduce the front yard setback from 35 feet to 8. 2 feet and to reduce the side yard setback from 10 feet to 9.8 feet at 275 Ironton Street because the adjacent homes on each side are approximately at the same setback or less, as well as the potential for flooding and past history of the drainage. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15. RESOLUTION NO. 60-1993 EXTENDING APPROVAL OF A SUBDIVISION LOT SPLIT, L S #93-01 TO CREATE TWO SEPARATE PARCELS GENERALLY LOCATED NORTH OF 61ST AVENUE AND WEST OF 5TH -9TREET (BY WESTMINSTER CORPORATION) • MOTION by Councilman Billings to adopt Resolution No. 60-1993 . Seconded by Councilman Schneider. Upon a voicf'vote, all voting aye, Mayor Nee declared the motion carried unanimously. 16. APPROVAL RELOCATION CONSULTANT CONTRACT WITH PROFESSIONAL REDEVELOPMENT RESOURCES: Ms. Dacy, Community Development rirector, stated that the City is responsible for relocation expenses as the result of the condemnation of property at'6070 and 6074 Central Avenue. She stated that as part of the condemnation .proceedings, a relocation consultant must be hired to determine appropriate relocation benefits for the tenants. Ms. Dacy stated- it is recommended that Kirk Schnitker of Professional Redevelopment Resources be hired to determine the relocation benefits. Mr. Herrick, City Attorney, stated that the City is not indicating the tenants must move; however, he understands this particular property owner wishes to move and purchase another home. 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 September 16, 1993 Mark Blegen 275 Ironton Street N.E. Fridley, MN 55432 Dear Mr. Blegen: On September 13, 1993, the Fridley City Council officially approved your request for a Variance, VAR #93-22, to reduce the front yard setback from 35 feet to 8.2 feet; to reduce the side yard setback from 10 feet to 9.8 feet, in order to allow the reconstruction of a nonconforming structure that was damaged more than fifty percent of its value due to fire damage, generally located at 275 Ironton Street N.E. 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 me at 572-3590. mincer ly, Barba a Dacy, AICP Community Developme Director BD/dn Please review the above, sign the statement below and return one copy to the City of Fridley Planning Department by September 30, 1993 . 4yvlol- Concfir with action taken City of Fridley Land Use Application VAR#15-01 August 5,2015 GENERAL INFORMATION SPECIAL INFORMATION Applicant: SUMMARY OF PROJECT Tollberg Homes The petitioner, Nathan Jones with Tollberg Homes, Nathan Jones on behalf of the property owner of 285 Ironton 1428 5th Avenue Street, is seeking a variance to reduce the front yard Anoka MN 55303 setback for the construction of a new home from 25 Requested Action: ft. to 10 ft. Variance to reduce the front yard setback SUMMARY OF PRACTICAL DIFFICULITIES Location: 1 would argue that this is a classic case of undue 285 Ironton Street NE hardship: Existing Zoning: 1. The lot would be essentially unbuildable without R-1 (Single Family) approval of the variance due to the front Size: setback and the 50 ft. setback from Springbrook 23,062 sq.ft. .52 acres Creek. 2. Hardship was created by the developer, City, Existing Land Use: Vacant Residential Lot and/or contractor when the right-of-way and road locations were approved. Surrounding Land Use &Zoning: 3. Several neighboring properties have been E: Coon Rapids granted a variance to the front yard setback. E: Single Family& R-1 SUMMARY OF ANALYSIS S: Single Family& R-1 City Staff recommends approval of this variance W: Single Family& R-1 request. Comprehensive Plan Conformance: . Practical difficulties exist-Off-set paved Consistent with Plan right-of-way provides large right-of-way, Zoning Ordinance Conformance: location of creek,variance would align the Section 205.07.3.1)(1) requires a front yard new home with the rest of the houses on setback of(25)feet the street so as to not impact sight lines. Section 205.31 (0-6 Overlay District) allows CITY COUNCIL ACTION/60 DAY DATE lots platted prior to 1955 to have a lot width of at least(50)feet City Council-August 24, 2015 60 Day-August 30, 2015 Section 205.32 (Shoreland Overlay District) requires a (50)feet building setback from Springbrook Creek Zoning History: 1953-Lot platted. Vacant Lot Legal Description of Property: See legal on attached certificate of survey Public Utilities: Utilities are available in the street Transportation: Ironton Street provides access to the - property N� Physical Characteristics: " Deep residential lot, with Springbrook Creek running through it Aerial of Property Staff Report Prepared by: Stacy Stromberg Land Use Application Variance #15-01 REQUEST The petitioner, Nathan Jones with Tollberg Homes, on behalf of the property owner of the vacant lot located at 285 Ironton Street, is seeking a variance to reduce the front yard setback from 25 ft.to 10 ft.to allow for the construction of a new home. The vacant lot was platted prior to 1955 with the rest of the neighborhood and has remained a part of the property owner's yard,who's house in adjacent at 295 Ironton Street. At this time, the property owner is asking for this variance to allow the construction of a new home, so the lot can be sold. SUMMARY OF PRACTICAL DIFFICULITIES SUBMITTED BY THE PETITIONER 1 would argue that this is a classic case of undue hardship: 1. The lot would be essentially unbuildable without approval of the variance due to the front setback and the 50 ft. setback from g R� 'N7 N 57 NE Springbrook Creek. 2. Hardship was created by the developer, City, " and/or contractor when the right-of-way and road locations were approved. 3. Several neighboring properties have been granted a variance to the front yard setback. Nathan Jones,Tollberg Homes CODE REQUIREMENTS AND ANALYSIS The subject property is zoned R-1,Single Family as are the properties to the west,east and south. A natural area in the City of Coon Rapids is located to the north. The property is located in (2)overlay districts;the 0-6, Residential Lots Created Pre-1955 and the 0-7,Shoreland Overlay. In 2001,the City created the 0-6, Pre-1955 Lots Overlay District which allows residential lots with a minimum lot area of 5,000 sq.ft. and a lot width of 50 ft.to be developed. The subject property wouldn't have met the minimum standards to be developed prior to the adoption of this overlay district, because all R-1, Single Family lots were required to have a lot area with a minimum of 7,500 sq.ft. and a lot width of 75 ft. The subject property is 23,062 sq.ft. in size, so is well over the lot size requirement however the lot width is 68.81 ft., making the overlay district regulations important for development of this lot. The City created the 0-7, Shoreland Overlay district in 2006, based on a statutory requirement to protect the development and use of the shorelands along a protected lake or tributary within the City. Springbrook Creek, which runs through the middle of the subject property, is one of the protected tributary's within the City. The Overlay district requires that any structures constructed on this lot be setback 50 ft.from the ordinary high water level setback. That location has been identified on the certificate of survey submitted by the petitioner and the house proposed to be constructed on this lot will meet that requirement. The R-1,Single Family zoning code and the 0-6, Pre-1955 Residential Lots overlay district both require a 25 ft.front yard setback. The petitioner is seeking a variance to reduce the front yard setback requirement from 25 ft.to 10 ft. When the lot was platted in 1953, Ironton Street was platted with a 66 ft. right-of-way. When the road was constructed in >" 1964, 30 ft. of the right-of-way was paved for the roadway, and the remaining 36 ft. was left as f boulevard space.The centerline of Ironton Street was constructed with a 33 ft. boulevard on the north side and 3 ft.of boulevard on the south side within the segment of Ironton Street that the subject property is located on. It is unclear in the records { why the road was designed in this manner; however it left those lots on the north side with 33 ft. of boulevard area before the property line starts. The typically boulevard width is 10-12 ft.when measured from the back of the curb to the property r' line. As a result, 33 ft. is quite large boulevard space for the subject property. A variance was granted in 1976 for the property owners at 295 Ironton Street to reduce the front yard setback from 35 ft. to 10ft. and a variance was granted for the property to the east at 275 Ironton Street to reduce the front yard setback from 35 ft.to 8.5 ft.to re-construct a home after the original home with the same setback was destroyed by fire. As stated above,the Shoreland Overlay requires that any structure on the subject property be setback 50 ft.from the ordinary high watermark from Springbrook Creek,therefore limiting the buildable area of this lot. PRACTICIAL DIFFICULTIES Variances may be granted if practical difficulties exist on the property. Practical difficulties are met based on the following findings of fact: Is the variance in harmony with the purpose and intent of the ordinance? • The intent of the front yard setback is to ensure that there is adequate separation between street and the house and that there is sufficient room for green space. Due to the large right-of- way on this lot, placement of the house will be setback 43 ft.from the curb,which is more room than most residential lots in Fridley. The placement of the new house will also align with the homes on the neighboring properties therefore not impacting sight lines to the street or creek. Is the variance consistent with the Comprehensive Plan? • The Comprehensive Plan guides this property as residential;therefore consistent with the Plan. Does the proposal put the property to use in a reasonable manner? • The use of the property for a new single family home is a reasonable use of the property. Adequate separation will exist between the paved right-of-way and the new home. Are there unique circumstances to the property, not created by the landowner? • Unique circumstances do exist on this property. o Ironton Street was platted as a 66 ft. right-of-way when it was platted in 1953. For this time period and location,this size of right-of-way is large when compared to neighboring residential streets. There is an industrial area to the east,which leads staff to believe that at one time this right-of-way may have been designated as a truck route, which would have required a larger right-of-way. However, since the road was originally constructed in 1964 it remains as it is today. The roadway has been resurfaced many times over the years without pursuing an increase in paved area from the City; therefore,the Public Works Director has indicated that the granting of this variance won't have an impact on this roadway. o When the road was originally constructed,the City off-set the paved roadway, which resulted in a wide right-of-way for the north lots on this segment of Ironton Street and a narrow right-of-way for the south lots. o Both homes on either side of the subject property were granted variances to reduce the front yard setback due to the wide right-of-way width. Constructing the new home at a similar setback will not impact site lines to the street or creek for neighboring property owners. o Placement of the creek on the subject property limits the buildable area for this property. Without a reduction to the front yard setback,the lot wouldn't meet the creek setback and would be an un-buildable lot. Will the variance, if granted, alter the essential character of the locality? • The essential character(single family homes) of the area will not be altered. RECOMMENDATION City Staff recommends approval of this variance request. • Practical difficulties exist—Off-set paved right-of-way provides large right-of-way, location of creek,variance would align the new home with the rest of the houses on the street so as to not impact sight lines. STIPULATIONS Staff recommends if the variance is approved, the following stipulations be attached. 1. The petitioner shall obtain a building permit prior to construction of the new home. 2. The petitioner shall coordinate water and sewer connections and curb cut installation with the City's engineering department. TOLLVG 14285 1h Ave I Anoka, MN 55304 p: 763-205-2037 If: 763-421-5616 ( www.toliberghomes.com June 24, 2015 Fridley Community Development Department 6431 University Ave NE Fridley, MN 55432 To Whom It May Concern, Tollberg Homes is applying for a front setback variance for the property located at 285 Ironton Street. Normal front setbacks in the R1 zoning district are 25' and we are asking for a front setback of 10.0' which is consistent with the adjacent property setbacks of 10.0' and 8.8' that have previously received approval for their variance requests. It is my understanding that the variances for these properties were anticipated when the road was constructed. You can see from the aerial picture that the street was not constructed in the center of the road right of way. As a result, the boulevard (the area between the back of the curb and the property line) is much larger than typical. The proposed single family home would be 40' from the back of the curb so it would appear to be a normal setback as one would drive down the street. Once again referring to the aerial photo,you'll notice the distance from the curb to the front of the homes is pretty consistent on both sides of the street despite every home on the north side requiring a variance. State statute defines undue hardship as: 1. The property cannot be put to reasonable use if used under the requirements of the code. 2. The need for the variance is due to the conditions unique to the property and not created by the actions of the landowner. 3. The variance, if granted,will not alter the character of the neighborhood. I would argue that this is a classic case of undue hardship: 1. The lot would be essentially unbuildable without approval of the proposed variance due to the front setback and the 50' setback from Springbrook Creek. 2. This hardship was created by the developer, City, and/or contractor when the right of way and road locations were approved. I've been told that the reason for placements was to protect and avoid some mature trees but of course I cannot verify this information. Regardless, those decisions made long ago anticipated the need for the variance. TOLLB.B 1428 51h Ave I Anoka, MN 55304 p: 763-205-2037 If: 763-421-5616 1 www.tollberghomes.com 3. Several neighboring properties have been granted the variance and as mentioned before,the distance from the curb to the home remains consistent on both sides of the street. It would be very unlikely that anyone would ever suspect a variance would be required. If granted approval,Tollberg Homes proposes to build a 3 bedroom 2 bathroom home per the attached elevation and plan. The half acre lot on the creek would surely attract wonderful new residents to the City of Fridley. Thank you for your consideration. Regards, Nathan Jones Chief Operating Officer Tollberg Homes Located in the NW 1/4 of Variance Exhibit for. Sec. 03, Twp. 32, Rge. 24 TOLLBERG HOMES N Into semen of the North line of the Saatheost Quarter House Address: —of the Northwest Quarter of section 3,Township 30. 285 Ironton Street NE,Fridley,MN / Range 24,and the Eosteny line of East River Rood / North It,. of the Southeast Quanta/ I—of the Northwest Quarter of Section j 1 3,Township 30.Range 24 / 1 N89e54'00"W 72.51 — — — 1155.29 75.00 1 '-East Line of East River Road CQOr ,9 PARCEL DESMIPPON PER C RAfRCAx 1,777LE N0. 67162. Lot Twenty—six (26) Revised Auditor's Subdivision No. One Hundred Three (103) Save and Except: That part of the Southeast Quarter (SE J) of the Northwest Quarter (NW }) of Section Three (3), Township Thirty (30) North, Range Twenty—four (24) West, described as follows: Beginning at a point on the North line of said Southeast Quarter (SE }) of the Northwest Quarter (NW J), 1155.29 feet East of intersection of said North line with the Easterly line of East River Road; thence East on said North line seventy—five (75) feet, thence South at right angles to said North line 326.4 feet, more or less, to North line of Ironton Street, thence West on said North line of Ironton Street, seventy five (75) feet, thence North 326.4 feet more or less to the of beginning, and being now part of Lot Twenty—six (26), Revised Auditors Subdivision No. 103. Excepting also: v That part of the Southeast Quarter (SE J) of the Northwest (NW }) of Section Three (3), Township Thirty(30) North, Range Twenty—four (24) West, described as follows; Beginning at a point on the North line of said Southeast Quarter of Northwest Quarter, 1140.29 feet East of intersection 3- of said North line with the Easterly line of East River Road, C)00 _..,O•o_ thence East on said North line 15.00 feet, thence South at right p 1`0a,O angles to said North line 326.40 feet, more or less, to North oline of Ironton Street, thence West on said North line of Ironton z t6 N at N Street 15.00 feet, thence North 326.40 feet more or less to o M1 Ih p place of beginning and being now the West 15.00 feet of Lot O n N 26, Revised Auditor's Subdivision Number 103. LLJ U Denotes Existing Contour Cr Denotes Existing Hydrant LI„i Lj Denotes Existing Electric Box _ ® Denotes Existing Television Box p Denotes Existing Telephone Box d Denotes Existing Light Pole overhead Un ty Lines o Denotes Existing Service g o(y% �••� ^--�" to be Relocated p Denotes Existing Curb Stop dock e9( / x 000.o Denotes Existing Elevation desk R�',`� s` .d' x� Denotes Proposed Elevation n �/T�� _ m g ---�- Denotes Direction of Drainage a 2s.o a 8 Denotes Drainage & UtOity Easement m (per recorded plot) Exial.Moues ��II�- `., —�-� Denotes Iron Monument n o,��`.. ££.yy.'28.5 . B. '✓�/ �Y IQ� :�LX 'AGE, i� Vf to I/_ 1°.7 5 u1 V/ z Bearings shown are assumed ,20.0 21i tt / GRAPHIC SCALE 15 30 60 o 1O1 PROPOSED DRIVEWAY u .. -- 68.811 N (IN FEET) S89e54'00"E arth Ins of Ironton sheet NOTES: F 1. Existing conditions and boundary shown hereon ore per the Certificate of Survey prepared by Fronk R. Cardarelle dated November 6. 2014. No field work hos been done far the purposes of this exhibit. e 2. Contractor must verity sewer depth. 3. Driveways shown ore for graphic purposes only. Find driveway design and location to be determined by owner/buiider. A1r 4. All building foundation dimensions shown on this survey include exterior foundation insulation widths. If applicable. 1032 5708.001 BJS Refer to final building plans for foundation details. Carlson I hereby certify to Tollberg Homes that this survey,plan or rep art was prepared by me ar under my direct supervision and that I am a dui licensed land surve t under the laws of the State of Minnesoto. h R ) McCain 0 Doted this 23rd day of June. 2015. Signed: Carlson McCain,Inc. 6 ENVIRONMENTAL ENGINEERING •SURVEYING 3 248 Apollo Dr,Suite 100,Lino Lakes,MN 55014 By Phone;763-489-7900 Fax:763-489-7959 Revised New House Plans 7/10/15 Thomas R. Bolluff. L.S. Reg, No. 40361 Peter J. Blomquist. L.S. Reg. No. 51676 Air Nod),liol" of Ilk w4 of N,* of fe,3,rn,1P of 6 0.00 - - Nw Car. of At swY, NEW of �'_t... . 4 p 1 7 0 C e tvL JV o � O Oc o M l M 43 3V) 0 Q M ►� c Q � j 1 "zW 96 Q� f 5z 7 / a 33' tri. 0.00 6 - NorfA 1;ne of Imhof Sfreet `uta C= — — I hereby certify that this is a true and correct representation of a survey of File No. the bounJaries of the above described land and of the location of all buildings, DEMARS-GARRIEL if any, thereon. and all visible encroachments, of arty.from or on said land /833-B LAND SURVEYORS,INC. ✓ �h OYR Book - Pagr As surveyed y me this ay of 19�. 30M Mwbor Lara No. Plymouth MN 551 Phone 16121559-0908 - - Scd1e Minn Rep No S 89'54' E 72.57 - 1755.29� 75.0 / s1 0g6 0 20 40 60 SCALE IN FEET -EXIST14G SPOT ELEVATION. X(998.0) -PROPOSED SPOT ELEVATION / .DIRECTION SURFACE DRAINAGE COH CANTILEVERED OVERHANG OHL OVERHEAD UTILITY LINE GFE s GARAGE FLOOR ELEVATION TFE m TOP OF FOUNDATION ELEVATION 6 l/ / LFE -LOWEST FLOOR ELEVATION i _ DESCRIPTION: i THAT PART OF LOT 26 LYING EAST r aao/ OF THE WEST 85.0 FEET, THEREOF NF AUD. SUED. 103, ANOKA CO., MN. M �/ N i �Mq4 ADDRESS + 285 IRONTON STREET LI yea° .. - FRIDLEY, MN app +9�q, 049 i PID#'03-30-24-24-0018 LOT AREA = 23000 SF/ 0.53 AC VA 0 SURVEY IS SUBJECT TO CHANGE PER �( OUNTY DITCHs 1Z), SURVEY OR EASEMENT INFORMATION j + i r TOP OF BANK 847.4 / s 1 �—• r T, 1 4J 41 j 99 - .1 / % aaz I 10.2 LFE 1 EXISTING , /\ �`� / HOUSEQj 2E FFE=858.8 y \\\\���tj -¢g"I � .�dh EXISTING OUSE Fk K 7 o cl CFE=856.5 �`'�. `� to.0 40111 //off � �i --1------------ ' ►� \ 5 89-54 E 88.81 + Q L — o aehh` � S^h hh5 le Iq l IRON TON S TRET T 16 BENCHMARK v_ TN HYD ot, ELEV= 858.41 '2 83x'\ S 13' 38 .227 az _1 45 m 1118] ', t[107}� 1 ta73�a 56 51 t 41 & f4 R ,i7ss 28 63 „tr [45) Nc L [xr] Etta] C_. -- a seV 44] 039 Ett2) Es9 ae 42 t \� a pB E4 op �E31,*af r �909� ��$ RD t�'w• x 5�2] a .1 [481 43 [124 X59] ♦A 9a - 9I 4 42 s 75 6U tb tG 1 as,as. 43 .Et22jr� 63,y 6dw 85 66 4 [?22]- •-Etzs�ry >- , •b[aa}r., [a9)> [70}.. [7t] , OUTLOT A 1 a. 11211 + 87 d 73 ,B N.W. , Ed2J CORPORATE LIMITS OF ',.w 1�a75 74$ 57x �f"� ro+ ` 6e r—CITY OF COON RAPIDS— t,N cy Esa} w $ 177) [715] 7[75]- 69} [7s) t r t 3 1N [1* s --CITY OF FRIDLEY— Rls' AUNTORS laa 20 fiQ [135) SUB,B• NO. $ f03 24 n 25 j t,9]�[1e7 l,!> . 8 22 23 26 Q e , as eo [ 21 1127 [1x7 Itso Ctt) I. 1 C+l (17)'caso5 �nI i e sqa 31q �] [�7�as]^ ItJynl [21 ICs]' (+,) ) I .t , u ear ,1515155 , �LN r—� a IRONTON STREET r I - pct , go 6 sae R 31 7 3 x'Z,14iff 1 8 w C97 3 1 6 6 >�, g 1 so [7,]$ y Wt =aa� ~ , 1101 4 3: M E1+)t V) r ,� •r 1 pNgnrwnwa u " 5 Q � f X 2� 3,aaes i i C2eR3 4 E29} i Pal1 I50]B _4 61 ' `w Cul 127]m k ;+. ' -- �y# 121 2 S R RUTH CSsI- Z 0 REVISED AUDITORS SUBDIVISION No . 103 I � I /8 /3 I \\`• I NIR£fY EERTAY TNIT 1M AGGORDANc[ W/JN ( I SPOT/DM 20/9, —FrrR//, NFN[RIL STATUTES OF E1 / 2 "•jrF i 3 `I 4 /9Ls, <xD..! ANEMO£O Er -A.—191, LIWJ OF c.r. 11 N0 IM AE OORO/NO[ ." 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OSE I'r.I .n 12 1IIIIll11111Illllllfll1111411111INIIILII1111 ' Record 1D 1486871 THIS DOCUMENT NUMBER REPRESENTS A PLA T ABSTRACT DOCUMENT NUMBER RECORD ID 152382.0 1486871 TORRENS DOCUMENT NUMBER RECORD ID 14297.5 1488704 MAP NUMBER 54165 ABBREVIATED NAME AUD SUB NO 103 (REV) FULL NAME REVISED AUDITORS SUBDIVISION NO. 103 BOOK TYPE Plat BOOK NUMBER O BOOK PAGE NUMBER 10 BOOK PAGE LETTER CITYNAME Unknown City For Conversion Page 2618 of 3344 I � < L � r I � r 4 Y f � � 0 ill l n' i ,Ilii I D D i i�i ii I a i I UL LJ ® N I -a - j L i� r LJ s p 4 I 3 m � n II Ell 1 N .c s o s � x f — QO f x C �. 0 fi i N �A I - — I 16 w I -p I i lop k T' U 5b 0 0 44=d So 3CeE,Lr< So�(n£SUC i A^ 71 o O� -I i i ;c �a z -----' Leob�. 4 m Np to r r- N ��F S 0 0 r� Fridley City Hall On,o' 6431 University Ave N.E. Fridley, MN 55432-4303 Fridley (763) 571-3450 • FAX (763) 571-1287 • wwwFridleyMN.gov APPEALS COMMISSION ACTION TAKEN NOTICE August 13, 2015 Nathan Jones Tollbergy Homes 1428 5` Avenue Anoka MN 55303 Dear Mr. Jones: On Wednesday, August 5, 2015, the Fridley Appeals Commission officially approved the Variance, VAR #15-01, to reduce the front yard setback from 25 feet to 10 feet to allow the construction of a new house, generally located at 285 Ironton Street. Approval of this variance is contingent upon the following stipulations: 1. The petitioner shall obtain a building permit prior to construction of new home. 2. The petitioner shall coordinate water and sewer connections and curb cut installation with the City's Engineering Department. You have one year from the date of the City Council action to initiate construction. If you cannot begin construction during this 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 763-572-3595. Si cerely, r a r r Planner SS/jb AS cc: LeeAnn Sporre, 295 Ironton Street NE, Fridley MN 55432 Variance File Jolene Buberl Stacy Stromberg CITY OF FRIDLEY APPEALS COMMISSION MEETING MINUTES AUGUST 5,2015 Chair Sielaff called the Appeals Commissioner Meetin/torder at 7:00 p.m. MEMBERS PRESENT: Brad Sielaff Blaine Jo s Michell Drury MEMBERS ABSENT: Jeff ey Phillips V ngyee Yang OTHERS PRESENT: Stacy Stromberg, Planner Nathan Jones,Tollberg Homes Warren Stock, Central Roofing APPROVAL OF MINUTE January 28,2015 Meet* g Minutes MOTION by Com issioner Jones to approve the January 28, 2015 meeting minutes as presented. Seconded by Com issioner Drury. UPON A VO E VOTE, ALL VOTING AYE, CHAIRPERSON SIELAFF DECLARED THE MOTION C ED UNANIMOUSLY May 6,20 5 Meeting Minutes MOTI N by Commissioner Drury to approve the May 6, 2015 meeting minutes as presented. Seconded by Co missioner Jones. UP N A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SIELAFF DECLARED THE M TION CARRIED UNANIMOUSLY PUBLIC HEARINGS: 1. Consideration of a Variance,VAR#15-01, by Tollberg Homes,to reduce the front yard setback from 25 feet to 10 feet to allow the construction of a new house,generally located at 285 Ironton Street MOTION by Commissioner Jones to open the public hearing. Seconded by Commissioner Drury. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SIELAFF DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 7:02 P.M. Stacy Stromberg, City Planner, stated that the petitioner, Nathan Jones with Tollberg Homes, on behalf of the property owner of the vacant lot located at 285 Ironton Street, is seeking a variance to reduce the front yard setback from 25 ft. to 10 ft. to allow for the construction of a new home. The vacant lot was platted prior to 1955 with the rest of the neighborhood and has remained a part of the property owner's Appeals Commission Meeting of August 5, 2015 2 yard, who's house in adjacent at 295 Ironton Street. At this time, the property owner is asking for this variance to allow the construction of a new home, so the lot can be sold. Ms. Stromberg stated read the summary of practical difficulties submitted by the petitioner; I would argue that this is a classic case of undue hardship: 1. The lot would be essentially unbuildable without approval of the variance due to the front setback and the 50 ft. setback from Springbrook Creek. 2. Hardship was created by the developer, City, and/or contractor when the right-of-way and road locations were approved. 3. Several neighboring properties have been granted a variance to the front yard setback. Nathan Jones,Tollberg Homes Ms. Stromberg noted that the subject property is zoned R-1, Single Family as are the properties to the west, east and south. A natural area in the City of Coon Rapids is located to the north. The property is located in (2) overlay districts; the 0-6, Residential Lots Created Pre-1955 and the 0-7, Shoreland Overlay. In 2001, the City created the 0-6, Pre-1955 Lots Overlay District which allows residential lots with a minimum lot area of 5,000 sq. ft. and a lot width of 50 ft. to be developed. The subject property wouldn't have met the minimum standards to be developed prior to the adoption of this overlay district, because all R-1, Single Family lots were required to have a lot area with a minimum of 7,500 sq. ft. and a lot width of 75 ft. The subject property is 23,062 sq. ft. in size, so is well over the lot size requirement however the lot width is 68.81 ft., making the overlay district regulations important for development of this lot. Ms. Stromberg stated that the City created the 0-7, Shoreland Overlay district in 2006, based on a statutory requirement to protect the development and use of the shorelands along a protected lake or tributary within the City. Springbrook Creek, which runs through the middle of the subject property, is one of the protected tributary's within the City. The Overlay district requires that any structures constructed on this lot be setback 50 ft. from the ordinary high water level setback. That location has been identified on the certificate of survey submitted by the petitioner and the house proposed to be constructed on this lot will meet that requirement. Ms. Stromberg said that the R-1, Single Family zoning code and the 0-6, Pre-1955 Residential Lots overlay district both require a 25 ft. front yard setback. The petitioner is seeking a variance to reduce the front yard setback requirement from 25 ft. to 10 ft. When the lot was platted in 1953, Ironton Street was platted with a 66 ft. right-of-way. When the road was constructed in 1964, 30 ft. of the right-of-way was paved for the roadway, and the remaining 36 ft. was left as boulevard space. The centerline of Ironton Street was constructed with a 33 ft. boulevard on the north side and 3 ft. of boulevard on the south side within the segment of Ironton Street that the subject property is located on. It is unclear in the records why the road was designed in this manner; however it left those lots on the north side with 33 ft. of boulevard area before the property line starts. The typically boulevard width is 10-12 ft. when measured from the back of the curb to the property line. As a result, 33 ft. is quite large boulevard space for the subject property. Ms. Stromberg noted that a variance was granted in 1976 for the property owners at 295 Ironton Street to reduce the front yard setback from 35 ft. to IOft. and a variance was granted for the property to the east at 275 Ironton Street to reduce the front yard setback from 35 ft. to 8.5 ft. to re-construct a home after the original home with the same setback was destroyed by fire. As stated, the Shoreland Overlay requires that any structure on the subject property be setback 50 ft. from the ordinary high watermark from Springbrook Creek,therefore limiting the buildable area of this lot. Appeals Commission Meeting of August 5, 2015 3 Ms. Stromberg noted that variances may be granted if practical difficulties exist on the property. Practical difficulties are met based on the following findings of fact: Is the variance in harmony with the purpose and intent of the ordinance? • The intent of the front yard setback is to ensure that there is adequate separation between street and the house and that there is sufficient room for green space. Due to the large right-of-way on this lot, placement of the house will be setback 43 ft. from the curb, which is more room than most residential lots in Fridley. The placement of the new house will also align with the homes on the neighboring properties therefore not impacting sight lines to the street or creek. Is the variance consistent with the Comprehensive Plan? • The Comprehensive Plan guides this property as residential; therefore consistent with the Plan. Does the proposal put the property to use in a reasonable manner? • The use of the property for a new single family home is a reasonable use of the property. Adequate separation will exist between the paved right-of-way and the new home. Are there unique circumstances to the property, not created by the landowner? • Unique circumstances do exist on this property. o Ironton Street was platted as a 66 ft. right-of-way when it was platted in 1953. For this time period and location, this size of right-of-way is large when compared to neighboring residential streets. There is an industrial area to the east, which leads staff to believe that at one time this right-of-way may have been designated as a truck route, which would have required a larger right-of-way. However, since the road was originally constructed in 1964 it remains as it is today. The roadway has been resurfaced many times over the years without pursuing an increase in paved area from the City; therefore, the Public Works Director has indicated that the granting of this variance won't have an impact on this roadway. o When the road was originally constructed, the City off-set the paved roadway, which resulted in a wide right-of-way for the north lots on this segment of Ironton Street and a narrow right-of-way for the south lots. o Both homes on either side of the subject property were granted variances to reduce the front yard setback due to the wide right-of-way width. Constructing the new home at a similar setback will not impact site lines to the street or creek for neighboring property owners. o Placement of the creek on the subject property limits the buildable area for this property. Without a reduction to the front yard setback,the lot wouldn't meet the creek setback and would be an un-buildable lot. Will the variance, if granted, alter the essential character of the locality? • The essential character(single family homes)of the area will not be altered. Ms. Stromberg stated that City Staff recommends approval of this variance request. • Practical difficulties exist — Off-set paved right-of-way provides large right-of-way, location of creek, variance would align the new home with the rest of the houses on the street so as to not impact sight lines. Staff recommends if the variance is approved,the following stipulations be attached. 1. The petitioner shall obtain a building permit prior to construction of the new home. 2. The petitioner shall coordinate water and sewer connections and curb cut installation with the City's engineering department. Nathan Jones, CEO Tollberg Homes, stated that the staff presentation is presentation clear and noted that the request of 43' from the curb is more than most houses in Fridley. This is also consistent with It__+►. Appeals Commission Meeting of August 5, 2015 4 properties on each side of the lot. This is a beautiful lot overlooking the creek and they are excited to build the home on this lot and bring a new family to Fridley. Commissioner Jones asked if Mr. Jones had any issues with the stipulations as outlined by staff. Mr.Jones replied no. MOTION by Commissioner Jones to close the public hearing. Seconded by Commissioner Drury. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SIELAFF DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:13 P.M. MOTION by Commissioner Jones to approve the Consideration of a Variance, VAR#15-01, by Tollberg Homes, to reduce the front yard setback from 25 feet to 10 feet to allow the construction of a new house, generally located at 285 Ironton Street. Seconded by Commissioner Drury. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SIELAFF DECLARED THE MOTION CARRIED UNANIMOUSLY 2. Consideration of a Va 'ance,VAR#15-02, by Central Roofing Co.,to reduce the side yard setback from 15 feet to .7 feet to allow the construction of a building addition,generally located at 4550 Main Str et MOTION by Commissioner Dr to open the public hearing. Seconded by Commissioner Jones. UPON A VOICE VOTE, ALL OTING AYE, CHAIRPERSON SIELAFF DECLARED THE MOTION CARRIED AND THE P LIC HEARING OPENED AT 7:14 P.M. Stacy Stromberg, City Planner, stated at Warren Stock, of Central Roofing Company, is seeking a variance to reduce the side yard setback fr 20 ft. to 6.7 ft. to allow for the construction of a building addition on the southwest side of the exist' g building located at 4550 Main Street. The proposed addition will allow the expansion of the busine ' current operation to include fabrication and installation of sheet metal building products and panels. Ms. Stromberg reviewed the summary p practical difficulties by the petitioner; "The addition will fill empty space between the main b 'ding and a storage building. It is preferred that the new addition marry with the storage building, which 'ts 6.7 feet off the property line. The west wall of the new addition will serve as a security barrier, preve ting trespassers from entering the property. The materials and the vehicles housed within the yard requira high level of security. The length of the building in this location is also critical to the interior operat1 sof the business, due to the size of the materials being fabricated within it." Ms. Stromberg noted that the subject property is zoned M-2, Heavy dustrial,and is located on the west side of Main Street, south of Interstate 694. When the property was ori 'nally developed, the property to the south at 4500 Main Street and the subject property were one parcel. I 1987, a lot split was approved to separate the parcel into 2 lots. Also in that year, a special use permit s issued for the 4550 Main Street property to allow the exterior storage of materials and equipment. This ecial use permit pre-dates the codes existing requirements which only allows 50% of the building footpri t to be outdoor space, so provided the outdoor storage area isn't increased beyond what was approved in 987, the property is in compliance with this code requirement. It should also be noted that during the 1 7 special use permit process, hard-surface was to be installed in designated areas, which was complied wit however the City I IIIIII VIII VIII VIII VIII VIII VIII IIII IIII 533098 . 002 Record ID 3273510 COUNTY OF ANOKA ) OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) I, Debra A. Skogen, 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 s bscribed my hand at the City of Fridley, Minnesota, in the County of Anoka on the 1,47% day of , 2015. DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 Debra A. Skogen, City CIerKj (SEAL) Variances are valid for a period of one year following approval and shall be considered void if not used within that period. AMW Fridley City Hall cin,oj' 6431 University Ave N.E. Fridley, MN 55432-4303 Fridley (763) 571-3450 • FAX (763) 571-1287 • www.FridleyMN.gov APPEALS COMMISSION ACTION TAKEN NOTICE i August 13, 2015 Nathan Jones Tollber? Homes 1428 5 Avenue Anoka MN 55303 Dear Mr. Jones: On Wednesday, August 5, 2015, the Fridley Appeals Commission officially approved the Variance, VAR#15-01, to reduce the front yard setback from 25 feet to 10 feet to allow the construction of a new house, generally located at 285 Ironton Street. Approval of this variance is contingent upon the following stipulations: 1. The petitioner shall obtain a building permit prior to construction of new home. 2. The petitioner shall coordinate water and sewer connections and curb cut installation with the City's Engineering Department. You have one year from the date of the City Council action to initiate construction. If you cannot begin construction during this time, you must submit a letter requesting an extension at least three weeks prior to the expiration date. i If you have any questions regarding the above action, please call me at 763-572-3595. i S' cerely, r r Planner SS/jb cc: LeeAnn Sporre, 295 Ironton Street NE, Fridley MN 55432 Variance File Jolene Buberl Stacy Stromberg Located in the NW 1/4 of Variance Exhibit for. Sec. 03, TWO. 32, Rge. 24 TOLLBERG HOMES N Intem-lion of the North line of the Southeast Quarter House Address: ,-of the Northwest Quarter of S«tlon 3,Township 30. 285 Ironton StreetNE,Fridle M Range 24,and the Easterly line of East River Road N ___ / North line the Southeast Dar 1-01 the Northth west Quarter of Section � 1 3,Township 30,Range 24 i N89°54'00"W 72.51 1155.29 - 75.00 p -Eosl Lina of East River Road a" PARCEL DESCRIP7701V PER CER77RCA7E 0'7771E NO. 67762. LotTwenty-six (26) Revised Auditor's Subdivision No. One Hundred Three (103) Save and Except; That part of the Southeast Quarter (SE J) of the Northwest Quarter (NW }) of Section Three (3), Township Thirty (30) North, Range Twenty-four (24) West, described as follows: Beginning at o point on the North line of said Southeast Quarter (SE }) of the Northwest Quarter (NW J), 1155.29 feet Eastof intersection of said North line with the Easterly line of East River Road; thence East on said North line seventy-five (75) feet, thence South at right angles to said North line 326.4 feet, more or less, to North line of Ironton Street, thence West on said North line of Ironton Street, seventy five (75) feet, thence North 3264 feet more or less to the of beginning, and being now part of Lot Twenty-six (26), Revised Auditor's Subdivision No. 103. Excepting also, That part of the Southeast Quarter (SE }) of the Northwest (NW #) of Section Three (3), Township Thirty(30) North, Range Twenty-four (24) West, described as follows: Beginning at a point on the North line of said Southeast ` Quarter of Northwest Quarter, 1140.29 feet East of intersection of soid North line with the Easterly line of East River Road, 3 3 thence East on said North line 15.00 feet, thence South at right 00 00 d 0 angles to said North line 326.40 feet, more or less, to North line of Ironton Street, thence West on said North line of Ironton z o 6N o Street 15.00 feet, thence North 326.40 feet more or less to 000 10 pr)0place of beginning and being now the West 15.00 feet of Lot O Cl) 0 26. Revised Auditor's Subdivision Number 103. W Denotes Existing Contour Denotes Existing Hydrant W jj Denotes Existing Electric Box Denotes Existing Television Box Denotes Existing Telephone Box Denotes Existing Light Pole Denotes Existing Service ° eril ,PQQio*o j" �r�,,_ __ _--�--Wheod Utility be R°lR.1—tellity Lines p Denotes Existing Curb Stop desk ,,yl x 000.o Denotes Existing Elevation 11 x(� Denotes Proposed Elevation :�. �. n �� //� g --� Denotes Direction of Drainage 26.0 "6 Denotes Drainage &Utility Easement a (per recorded plat) / �7 Exkt.House .. t Denotes Iron Monument �mx ll$a 26.5 8. r// X L�LILL tf0.o 10.7 Bearings shown are assumed a V/vj GRAPHIC SCALE 26:0 _ Vol 0 15 30 60 S a to PRO inL 4 �- 68.81 i (IN FEET) S89°54'00°E - ortn line of Ironton street NOTES: F 1. Existing conditions and boundary shown hereon are per the Certificate 4 of Survey prepared by Frank R. Cordarelle dated November 6, 2014, No field work has been done for the purposes of this exhibit. d 2. Contractor must verify sewer depth. — _-- \ 3. Orlveways shown are for graphic purposes only. Final driveway design and location to be determined by owner/builder. 4. All building foundation dimensions shown on this survey ` include exterior foundation insulation widths, If applicable. 1032 5708.001 BJS Refer to final building plans for foundation details. r I hereby certify to T,nberg Homes thug this survey,plan or report was prepared by me or under my direct supervision on and that I am o duly licensed land 5 veyo, under the laws of the State of Minnesota Carlson Doted this 23rd day of June, 1015. toMcCain Signed Carlson McCain,Inc. ENVIRONMENTAL ENGINEERING -SURVEYING 248 Apollo Dr,Suite 100,Lino Lakes,NN 55014 8y _ GC G✓'�/_ 3 Phone:763-489-7900 Fax:763-489-7959 Revised New House Plans 7/10/15 Thomas R. Balluff, L.S. Reg, No. 40361 Peter J. Blomquist,L.S.Reg, No. 51676 ANORA COUNTY Document Na.: MINNESOTA I hereby533p98.002 TORRENS this otTice for certifi, that the within instrument was filed in record on: 08/311'2U15 2:13:0 Fees/Taxes In the p pM JONELL Am°unt of $46.00 NI. SAWYER Anoka County Propery Tax Administrator•;Recorder;'Registrar of Titles LBS, Deputy Record ID: 3273510 APPROVED FOR FILING Certificate of Title No. Y71 to as to Examiner of Titles