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VAR 97-13
. STATE OF MINNESOTA ) APPEALS OMMISSION PROCEEDINGS 'COUNTY OF ANOKA ) VARIANCE CITY OF FRIDLEY ) 1179 In the Matter of: a variance, (V:&_�#97-13 Owner: Mary L. Kine The above entitled matter came before the Appeals Commission of the city of Fridley and was heard on the 13th day of August , 19 97 , on a petition for a variance pursuant to the City of Fridley's Zoning Ordinance, for the following described property: To reduce the rear yard setback from 33.75 feet to 19 feet to allow the construction of a new attached double -car garage on Lot 5, Block 3, Rice Creek Terrace Plat 3, generally located at 375 - 67th Avenue N.E. ,7 90 a&© d IT IS ORDERED that a variance be granted as upon the following conditions or reasons: Approved with two stipulations. See Appeals Commission minutes dated August 13, 1997. STATE OF MINNESOTA ) COUNTY OF ANOKA ) CITY OF FRIDLEY ) OFFICE OF THE CITY CLERK I, William A. Champa, City Clerk for the City of Fridley, with and in for said City of Fridley, do hereby certify that I have compared the foregoing copy and Order granting a variance with the original record thereof preserved in my office, and have found the same to be a correct and true transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at the City of Fridley, Minnesota, inC��ythe County of Anoka on the , day of e 19.11__ - DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 w�xxt r.�rr� Vl . l/% z William A. Champa, City Cl*ks`e'.• Variances are valid for a period of one year following approval-,-" n be considered void if not used within that period.` 0 Ms. Beaulieu stated that with so many neighbors opposed to the plan, it would be difficult to support the variance r uest. She is interested in knowing when the property owners purchased the property. Mr. Kuechle did not concur with fello Commission members. The property owner has a right to develop the property and thiX is a reasonable development plan. MOTION by Ms. Beaulieu, seconded byi 12, by Wendy & William Nergard to allow dwelling with attached garage on Lots 26 same being 650 Dover Street. UPON A VOICE VOTE, ALL VOTING AYE, THE MOTION CARRIED. Mau, to deny variance request, VAR #97 - construction of a new single family 127, Block W, Riverview Heights, the ERSON KUECHLE DECLARED Mr. Kuechle stated that because of the two objec 'ons and the objections of the neighbors, the request will go to the City Council o Monday, August 25th. 2. PUBLIC HEARING: CONSIDERATION OF VARIANCE REQUEST, VAR#97-13. BY MARY KING: Per Section 205.07.03.d.(3).(a) of the Fridley Zoning Code, to reduce the rear yard setback from 33.75 feet to 19 feet to allow the construction of a new attached double car garage on Lot 5, Block 3, Rice Creek Terrace Plat 3, the same being 375 - 67th Avenue. MOTION by Ms. Beaulieu, seconded by Ms. Mau, to waive the reading of the public hearing notice and to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:42 P.M. Ms. McPherson stated the petitioner, Mary King, is requesting is to reduce the rear yard setback from 33.75 feet to 19 feet to allow construction of a 26 ft. by 26 ft. attached two - car garage. The property is located at the intersection of 4th Street and 67th Ave. The structure was constructed prior to 1965 and received damage due to a tornado. Ms. McPherson stated Code Section 205.07.03.D.(3).(a) defines the shortest of two street frontages on a comer lot as the front yard. Therefore, in this request, 4th Street would be defined as the front yard and the east property line would be the rear yard. The house faces 67th Avenue which is the side corner lot line. The area of the proposed expansion functions as a side yard rather than a rear yard. If the variance was granted, there would be 29 sq. ft. of separation between the proposed garage and adjacent dwelling. 0 Ms. McPherson stated staff has no recommendation for the Appeals Commission as the request is within previously granted requests. If the Commission chooses to recommend approval of the request, staff recommends the following stipulations: 1. The petitioner shall provide a hard surface driveway for the new garage addition. The existing driveway shall be removed and replaced with sod. 2. Addition shall be constructed of materials that are architecturally compatible with the principal structure. Mr. Kuechle asked if the project will meet the rear yard setback. Ms. McPherson stated, yes. Ms. Mau asked if there have been comments from the neighbors regarding the request. Ms. McPherson stated the property owners to the west at 6721 - 4th Street have provided their comments. Ms. Mau asked if the petitioner will be moving the swingset or the shed." Ms. King stated she will be selling the swingset and removing the shed and also plans to remove the driveway and landscape right away. She explained that her neighbors thought they needed to provide their comments to the City only if they disputed the proposal. Therefore, the City has not heard from them. The neighbors feel the improvements would be an asset to the neighborhood. She explained her future plans which included expanding the laundry room and kitchen into the existing garage. Mr. Kuechle asked if Ms. King had to close the garage." Mr. Hickok stated that in the past when an old garage is converted to living space, the City asks that the driveway be removed with added landscaping. Ms. King, however, could maintain the existing garage as a third stall. MOTION by Ms. Beaulieu, seconded by Ms. Mau, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:40 P.M. Ms. Beaulieu noted that the neighborhood is in favor of the variance and acknowledges the improvement to the property. Ms. Mau concurred. due to enhancing the aesthetic value of the property. Mr. Kuechle also concurred. • MOTION by Ms. Mau, seconded by Ms. Beaulieu, to recommend approval of variance request, VAR#97-13, by Mary King to reduce the rear yard setback from 33.75 feet to 19 feet to allow construction of a 26 ft. by 26 ft. attached two -car garage, with the following stipulations: 1. The petitioner shall provide a hard surface driveway for the new garage addition. The existing driveway shall be removed and replaced with sod. 2. Addition shall be constructed of materials that are architecturally compatible with the principal structure. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. UPDATE ON PLANNING COMMISSION AND CITY COUNCIL ACTIONS: Mr. Hickok reported briefly on the actions of the City Council. Karl Foster, 6654 East River Road, received approval on variance request, VAR#97-10, as recommended by the Appeals Commission. The City Council also discussed the Model A car being utilized as a mailbox. Mr. Foster was notified the car violates County mailbox regulations for obstruction in the right-of-way. Mr. Foster requested input from the Council as he planned to relocate the Model A in his front yard to use as a tribute to the post office. After further discussion, Mr. Foster decided not to locate the car in his front yard. Mr. Hickok reported the City Council approved variance request, VAR#97-11, to John and Joette Zembal to reduce the setback of an attached garage from 4 feet to 3 feet to allow the construction of an addition to an existing single car garage at 6821 - 7th Street. Mr. Hickok reported the Planning Commission recently evaluated a special use permit for Home Depot for an outdoor display area. The request was denied by City Council. After reviewing other stores in the area, it appeared to be a bulk storage area. ADJOURNMENT: MOTION by Ms Mau, seconded by Ms. Beaulieu, to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE AUGUST 13, 1997, APPEALS COMMISSION MEETING ADJOURNED AT 9:00 P.M. Respectfully submitted, Debbie Kidder Recording Secretary 0 ABSTRACT Receipt #1 *7 ..S -p ❑ Certified Copy Date Mailed Date/Time: I,IT ❑ Doc. Order of Tax Liens / Releases �_ ❑ Multi -Co Doc Tax Pd ✓ by: Pins: Recordability / Delgs: ❑ Transfer ❑ New Desc. Filing Fees: ❑ Division ❑ GAC Well Certificate ❑ Status ❑ Def. Spec Received this Date: Anoka County Recorder ❑ Other I'IVo Change Notes: 1 DOCUMENT N0. 13 71174.0 ABSTRACT ANOKA COUNTY MINNESOTA I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS FILED IN THIS OFFICE FOR RECORD ON SEP 14 1998 AT 5: 00 PM �1q� FEES AND TAXES IN THE AMOUNT OF 1 9 DULYORECOP DDD. RECEIPT NO. 98094175 EDWARD M. TRESKA ANOKA COUNTY PROPF,�,'T,d)(ADMINISTRATOR/RECORDER/REGISTRAR Of TIRES BY 1"�r DEPUTYPROPERTY TAXADMINISTRATOR/RECORDER/REGISTRAR Of TIRES CITY OF FRIDLEY FRIDLEY MUNICIPAL CENTER - 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 - (612) 571-3450 - FAX (612) 571-1287 APPEALS COMMISSION ACTION TAKEN NOTICE Mary King 375 - 67' Avenue Fridley, MN 55432 Dear Ms. King: August 14, 1997 On August 13, 1997, the Fridley Appeals Commission officially approved your request for a variance, VAR #97-13, to reduce the rear yard setback from 33.75 feet to 19 feet to allow the construction of a new attached double car garage on Lot 5, Block 3, Rice Creek Terrace Plat 3, the same being 375 - 671 Avenue N.E. with the following stipulations: 1. The petitioner shall provide a hard surface driveway for the new garage addition. The existing driveway shall be removed and replaced with sod. 2. The addition shall be constructed of materials that are architecturally compatible with the principal structure. You have one year from the date of the Appeals Commission action to initiate construction. If you cannot begin construction in time, you must submit a letter requesting an extension at least three weeks prior to the expiration date. If you have any questions regarding the above action, please call me at 572-3593. Sincerely, Michele McPherson Planning Assistant MM:Is Please review the above, sign below, and return the original to the City of Fridley Planning Department by August 28, 1997. Concur wiO action faken. CITTOF FRIDLEY PROJECT SUMMARY DESCRIPTION OF REQUEST: The petitioner, Mary King, requests that a variance be granted to reduce the rear yard setback from 33.75 feet to 19 feet. If approved, the variance would allow construction of a 26 ft. by 26 ft. attached two -car garage. The existing attached single car garage is proposed to be converted to a kitchen and mud room. STATED HARDSHIP: See attached statement. SUMMARY OF ISSUES: Section 205.07.03.D.(3).(a) of the Fridley City Code requires a rear yard setback of not less than 25% of the lot depth with not less than 25 feet permitted or more than 40 feet required for the main building. Public purpose served by this requirement is to provide rear yard space to be used for green areas which enhance the neighborhood. The subject property is a comer lot with the dwelling and existing single car garage centered on the lot and facing the side comer (67' Avenue). The area of the proposed expansion functions as the side yard due to the location of the dwelling; however, technically, , it is the rear yard as defined by the code. The adjacent property to the east also faces 67' and has a 10 foot setback from the shared property line between the dwellings. The proposed addition maintains the existing front line of the dwelling and does not encroach closer to the street. The City has granted several similar variances in the past for both garage and living space additions. STAFF RECOMMENDATION TO THE APPEALS COMMISSION: As the request is within previously granted variances, staff has no recommendation for the Appeals Commission. If the Commission chooses to recommend approval of the request, staff recommends the following stipulation: 1. The petitioner shall provide a hard surface driveway for the new garage addition. The existing driveway shall be removed and replaced with sod. 2. Addition shall be constructed of materials that are architecturally compatible with the principal structure. Project Summary 0 0 VAR #97-13, 375 - 67th Avenue Page 2 PROJECT DETAILS Petition For: A variance to reduce the rear yard setback from 33.75 ft. to 19 ft. Location of Properly: 375 - 67th Avenue Legal Description of Property: Lot 5, Block 3, Rice Creek Terrace Plat 3 Size: 135 feet x 80 feet; 10,800 square feet Topography: Flat Existing Vegetation: Typical suburban; sod, trees, shrubs Existing Zoning/Platting: R-1, Single Family; Rice Creek Terrace Plat 3 Availability of Municipal Utilities: Connected Vehicular Access: V" Avenue, 4th Street Pedestrian Access: N/A Engineering Issues: N/A Comprehensive The Zoning and Comprehensive Plans are consistent in this Planning Issues: location. Public Hearing Comments: To be taken Project Summary 0 0 VAR #97-13, 375 - 67" Avenue Page 3 ADJACENT SITES: WEST: Zoning: R-1, Single Family SOUTH: Zoning: R-1, Single Family EAST: Zoning: R-1, Single Family NORTH: Zoning: R-1, Single Family Site Planning Issues: REQUEST: Land Use: Residential Land Use: Residential Land Use: Residential Land Use: Residential The petitioner, Mary King, requests that a variance be granted to -reduce the rear yard setback from 33.75 feet to 19 feet. If approved, the variance would allow construction of a 26 ft. by 26 ft. attached two -car garage. The existing attached single car garage is proposed to be converted to a kitchen and mud room. SITE DESCRIPTION/HISTORY: The subject property is located in the northeast comer of the intersection of 4t' Street and 671 Avenue. The property is zoned R-1, Single Family, as are the surrounding parcels. Located on the property is a rambler -style dwelling with an attached single car garage. The structure was constructed prior to 1965. The City has no building permit on record for the dwelling and existing single car attached garage. The dwelling measures 44 feet by 25 feet, and the existing single car attached garage measures 11 feet by 25 feet. ANALYSIS Code Section Section 205.07.03.D.(3).(a) of the Fridley City Code requires a rear yard setback of not less than 25% of the lot depth with not less than 25 feet permitted or more than 40 feet required for the main building. Public purpose served by this requirement is to provide rear yard space to be used for green areas which enhance the neighborhood The Zoning Code defines the shortest of two street frontages on a comer lot as the front yard. Therefore, in this request, 4t' Street would be defined as the front yard and Project Summary 0 VAR #97-13, 375 - 670'Avenue Page 4 the east property line would be the rear yard. The dwelling, however, faces 67' Avenue which is the side comer lot line. The proposed garage will be expanded toward the east property line into the defined rear yard which functions as a side yard. The petitioner has one alternative to locate a garage which would not require a variance. A garage could be added facing 4th Street (see site plan). In this location, however, there would be no access from the garage directly into the dwelling, due to the bedrooms which are located in that end of the structure. Aesthetically, a garage addition may look unusual in this location and would also have no direct relationship to the front door. The dwelling on the adjacent property to the east also faces 671 Avenue. The side yard setback of the adjacent dwelling is approximately 10 feet. There would be approximately 29 feet of separation between the proposed garage and the adjacent dwelling. The proposed addition does not encroach into the "front yard". The City has granted several similar variances in the past, one down to 10 feet at 5502 Regis Trail to allow construction of a living space addition. STAFF RECOMMENDATION TO THE APPEALS COMMISSION: As the. request is within previously granted variances, staff has no recommendation for the Appeals Commission. If the Commission chooses to recommend approval of the request, staff recommends the following stipulation: 1. The petitioner shall provide a hard surface driveway for the new garage addition. The existing driveway shall be removed and replaced with sod. 2. Addition shall be constructed of materials that are architecturally compatible with the principal structure. lim /* iI. li u a Ar Nit -+TR drw-L-r • 4th Street • • Hardship Statement I am requesting a variance on my property at 375 67th Avenue NE for the following reasons: When I was looking for a home to purchase, my plans included a two car garage. I found a beautiful home in Fridley, but it had one draw back, it only had a single car garage and a small single car garage that needed to have work done on it. I bought the house because I was told by many that I would have plenty of room to add on to my property and that I could get my two car garage. I received comparable appraisals when I purchased my home and the homes with more than one garage, the market value was substantially upgraded with an attached double garage. I've spoken to my neighbors and they don't have any objections to a two car garage addition to my home, they fill the same way that I do, that it will add value to my home. The reason that I'm also requesting to add on to my existing garage is that in the future, I would also like to expand my kitchen and to also add a mud room/laundry room in the existing garage. As requested by the City of Fridley, I will put sod in front of the existing garage to replace the old driveway. I think the plans that were drawn up clearly show that this will make this property more appealing than it is today. The existing garage is stated as an attached, but there is no access to the house, the addition would be an attached garage. I plan on living in this house for many years and would like to ensure that my property is an asset to the community. If you have any questions or concerns, please free to contact me, my work number is 304-4087 or at home at 574-9101. Sincerely, Mary L. King � 7 &..e4,&, Za� dIL7 7�i�/ 3Ss�sa • CITY OF FRIDLEY COMMISSION APPLICATION REVIEW File Number 22 File Date 7/17/97 Meeting Date 8/13/97 Description: VAR #97-13, 375 - 67th Avenue, Mary L. King Rear yard setback for new garage Return to the Community Development Department Barbara Dacy Community Development Director John Flora Public Works Director Ed Hervin City Assessor Scott Hickok Planning Coordinator Ron Julkowski Chief Building Official Dick Larson Fire Marshall Michele McPherson Planning Assistant Dave Sallman Police Chief Jon Wilczek Asst. Public Works Director SLAv Ko ZIA I A I 0-3 • • CITY OF FRIDLEY PUBLIC HEARING NOTICE BEFORE THE APPEALS COMMISSION TO: Property owners within 350 feet of 375 - 67u' Avenue CASE NUMBER: VAR #97-13 APPLICANT: Mary L. King PURPOSE: To reduce the rear yard setback from 33.75 feet to 19 feet to allow the construction of a new attached double car garage LOCATION OF PROPERTY. 375 - 67" Avenue LEGAL DESCRIPTION: Lot 5, Block 3, Rice Creek Terrace Plat 3 DATE AND TIME OF Appeals Commission Meeting: HEARING: Wednesday, August 13, 1997, 7:30 p.m. The Appeals Commission meetings are televised. live the night of the meeting on Channel 35. PLACE OF HEARING: Fridley Municipal Center, City Council Chambers 6431 University Avenue HOW TO 1. You may attend hearings and testify. PARTICIPATE: 2. You may send a letter before the hearing to Scott Hickok, Planning Coordinator, or Michele McPherson, Planning Assistant, at 6431 University Avenue N.E., Fridley, MN 55432 or fax at 571-1287. SPECIAL Hearing impaired persons planning to attend who need an ACCOMMODATIONS: interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than August 6, 1997. ANY QUESTIONS: Contact either Scott Hickok, Planning Coordinator, at 572-3599, or Michele McPherson, Planning Assistant, at 572-3593. Mailing Date: August 1, 1997 VAR #97-13 Mailed: 8/1/97 375 - 67tbAftenue 143024240017 W143024240020 10143024240021 MONSON PAUL M & LISA M HANSON DUANE E & PEGGY E JOHNSON NOLAN E & JOYCE Y OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT 369 66TH AVE N E 365 66TH AVE N E 363 66TH AVE N E FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432 143024240022 143024240023 143024240024 HANSON RUSSELL D & SUSAN L LARSON THOMAS S BARRETT SCOTT L & ANNETTE R OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT 361 66TH AVE N E 359 66TH AVE N E 357 66TH AVE N E FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432 143024240025 143024240041 143024240042 MCGREGOR LOWELL D & PAULINE SWANSON ARTHUR J & NORMA C KAUFHOLD THOMAS C & JILL R OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT 355 66TH AVE N E 361 RICE CREEK TER N E 375 RICE CREEK TER N E FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432 143024240043 LAMBERT JAMES M & NANCY A OR CURRENT RESIDENT 389 RICE CREEK TER N E FRIDLEY MN 55432 143024240050 HORA MARVIN E & SUSAN K OR CURRENT RESIDENT 6750 4TH ST N E FRIDLEY MN 55432 143024240053 MARTIN EDITH E OR CURRENT RESIDENT 6720 4TH ST N E FRIDLEY MN 55432 143024240056 REDEPENNING WILLIS & CAROL OR CURRENT RESIDENT 360 RICE CREEK TER N E FRIDLEY MN 55432 143024240059 THOMPSON WILLIAM B OR CURRENT RESIDENT 6711 4TH ST N E FRIDLEY MN 55432 143024240062 MAJKRZAK DAN J & EVELYN M OR CURRENT RESIDENT 401 67TH AVE N E FRIDLEY MN 55432 143024240044 SEAHOLM LAWRENCE R OR CURRENT RESIDENT 403 RICE CREEK TER N E FRIDLEY MN 55432 143024240051 LARSON JAMES A & PATRICIA A OR CURRENT RESIDENT 6740 4TH ST N E FRIDLEY MN 55432 143024240054 MARKS ORION F & ANITA J OR CURRENT RESIDENT 6710 4TH ST N E FRIDLEY MN 55432 143024240057 O NEILL ROSEMARIE OR CURRENT RESIDENT 6731 4TH ST N E FRIDLEY MN 55432 143024240060 KING MARY L OR CURRENT RESIDENT 375 67TH AVE N E FRIDLEY MN 55432 143024240045 MARKSON JOHN L & MONICA E OR CURRENT RESIDENT 419 RICE CREEK TER N E FRIDLEY MN 55432 143024240052 OLSON DEAN E & LA VERNE L OR CURRENT RESIDENT 6730 4TH ST N E FRIDLEY MN 55432 143024240055 MROZLA MARCELLUS A & E J OR CURRENT RESIDENT 351 67TH AVE N E FRIDLEY MN 55432 143024240058 JOHNSON DONALD D & JOANN OR CURRENT RESIDENT 6721 4TH ST N E FRIDLEY MN 55432 143024240061 SAVERINSKE RICHARD & K M OR CURRENT RESIDENT 391 67TH AVE N E FRIDLEY MN 55432 143024240063 143024240064 THOMSON J E JR & M M TRUSTEES SIEDLECKI JOSEPH G OR CURRENT RESIDENT OR CURRENT RESIDENT 411 67TH AVE N E 425 67TH AVE N E FRIDLEY MN 55432 FRIDLEY MN 55432 143024240065 143024240066 143024240067 STORLEY CAYTON L& MARY E ZAWISLAK B J& ARTMANN D M GALLARANE RICHARD A& B M OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT 414 RICE CREEK TER N E 400 RICE CREEK TER N E 380 RICE CREEK TER N E FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432 VAR #97-13 375 - 67th AV143024240077 143024240076 CHESTER CLIFF A & MARY L DELZER DANIEL A & ANN M OR CURRENT RESIDENT OR CURRENT RESIDENT 350 67TH AVE N E 360 67TH AVE N E FRIDLEY MN 55432 FRIDLEY MN 55432 143024240079 LARSON JOSEPHINE E OR CURRENT RESIDENT 380 67TH AVE N E FRIDLEY MN 55432 143024240082 NAGEL JEAN ELLEN OR CURRENT RESIDENT 410 67TH AVE N E FRIDLEY MN 55432 1430242098 OR CURR NT RESIDENT NE FRIDLEY M 55432 LARRY KUECHLE 202 MERCURY DR FRIDLEY MN 55432 143024240080 OLSON GRANT A & MARIE L OR CURRENT RESIDENT 390 67TH AVE N E FRIDLEY MN 55432 143024240083 BISTRAM MARTIN E & MARY OR CURRENT RESIDENT 420 67TH AVE N E FRIDLEY MN 55432 9930230000 OR CU RENT RESIDENT NE FRIDLEY N 55432 Mailed: 8/1/97 0143024240078 FURE RODNEY G & BETTY L OR CURRENT RESIDENT 370 67TH AVE N E FRIDLEY MN 55432 143024240081 NIEMAN JOLENE A OR CURRENT RESIDENT 400 67TH AVE N E FRIDLEY MN 55432 143024240084 JO KIRKHAM CORINE A OR CURRENT RESIDENT 430 67TH AVE N E FRIDLEY MN 55432 9930240000 OR CUR ENT RESIDENT NE FRIDLEY N 55432 L-1 r 1 u Ms. Beaulieu stated that with so many neighbors opposed to the plan, it would be difficult to support the variance request. She is interested in knowing when the property owners purchased the property. Mr. Kuechle did not concur with fellow Commission members. The property owner has a right to develop the property and this is a reasonable development plan. MOTION by Ms. Beaulieu, seconded by Ms. Mau, to deny variance request, VAR #97- 12, by Wendy & William Nergard to allow the construction of a new single family dwelling with attached garage on Lots 26 and 27, Block W, Riverview Heights, the same being 650 Dover Street. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED. Mr. Kuechle stated that because of the two objections and the objections of the neighbors, the request will go to the City Council on Monday, August 25th. 2. PUBLIC HEARING: CONSIDERATION OF VARIANCE REQUEST VAR#97 13 BY MARY KING: Per Section 205.07.03.d.(3).(a) of the Fridley Zoning Code, to reduce the rear yard setback from 33.75 feet to 19 feet to allow the construction of a new attached double car garage on Lot 5, Block 3, Rice Creek Terrace Plat 3, the same being 375 - 67th Avenue. MOTION by Ms. Beaulieu, seconded by Ms. Mau, to waive the reading of the public hearing notice and to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:42 P.M. Ms. McPherson stated the petitioner, Mary King, is requesting is to reduce the rear yard setback from 33.75 feet to 19 feet to allow construction of a 26 ft. by 26 ft. attached two - car garage. The property is located at the intersection of 4th Street and 67th Ave. The structure was constructed prior to 1965 and received damage due to a tomado. Ms. McPherson stated Code Section 205.07.03.D.(3).(a) defines the shortest of two street frontages on a corner lot as the front yard. Therefore, in this request, 4th Street would be defined as the front yard and the east property line would be the rear yard. The house faces 67th Avenue which is the side corner lot line. The area of the proposed expansion functions as a side yard rather than a rear yard. If the variance was granted, there would be 29 sq. ft. of separation between the proposed garage and adjacent dwelling. r� u Ms. McPherson stated staff has no recommendation for the Appeals Commission as the request is within previously granted requests. If the Commission chooses to recommend approval of the request, staff recommends the following stipulations: 1. The petitioner shall provide a hard surface driveway for the new garage addition. The existing driveway shall be removed and replaced with sod. 2. Addition shall be constructed of materials that are architecturally compatible with the principal structure. Mr. Kuechle asked if the project will meet the rear yard setback. Ms. McPherson stated, yes. Ms. Mau asked if there have been comments from the neighbors regarding the request. Ms. McPherson stated the property owners to the west at 6721 - 4th Street have provided their comments. Ms. Mau asked if the petitioner will be moving the swingset or the shed." Ms. King stated she will be selling the swingset and removing the shed and also plans to remove the driveway and landscape right away. She explained that her neighbors thought they needed to provide their comments to the City only if they disputed the proposal. Therefore, the City has not heard from them. The neighbors feel the improvements would be an asset to the neighborhood. She explained her future plans which included expanding the laundry room and kitchen into the existing garage. Mr. Kuechle asked if Ms. King had to close the garage." Mr. Hickok stated that in the past when an old garage is converted to living space, the City asks that the driveway be removed with added landscaping. Ms. King, however, could maintain the existing garage as a third stall. MOTION by Ms. Beaulieu, seconded by Ms. Mau, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8: 40 P.M. Ms. Beaulieu noted that the neighborhood is in favor of the variance and acknowledges the improvement to the property. Ms. Mau concurred. due to enhancing the aesthetic value of the property. Mr. Kuechle also concurred. MOTION by Ms. Mau, seconded by Ms. Beaulieu, to recommend approval of variance request, VAR#97-13, by Mary King to reduce the rear yard setback from 33.75 feet to 19 feet to allow construction of a 26 ft. by 26 ft. attached two -car garage, with the following stipulations: 1. The petitioner shall provide a hard surface driveway for the new garage addition. The existing driveway shall be removed and replaced with sod. 2. Addition shall be constructed of materials that are architecturally compatible with the principal structure. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. UPDATE ON PLANNING COMMISSION AND CITY COUNCIL ACTIONS: Mr. Hickok reported briefly on the actions of the City Council. Karl Foster, 6654 East River Road, received approval on variance request, VAR#97-10, as recommended by the Appeals Commission. The City Council also discussed the Model A car being utilized as a mailbox. Mr. Foster was notified the car violates County mailbox regulations for obstruction in the right-of-way. Mr. Foster requested input from the Council as he planned to relocate the Model A in his front yard to use as a tribute to the post office. After further discussion, Mr. Foster decided not to locate the car in his front yard. Mr. Hickok reported the City Council approved variance request, VAR#97-11, to John and Joette Zembal to reduce the setback of an attached garage from 4 feet to 3 feet to allow the construction of an addition to an existing single car garage at 6821 - 7th Street. Mr. Hickok reported the Planning Commission recently evaluated a special use permit for Home Depot for an outdoor display area. The request was denied by City Council. After reviewing other stores in the area, it appeared to be a bulk storage area. ADJOURNMENT: MOTION by Ms Mau, seconded by Ms. Beaulieu, to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE AUGUST 13, 1997, APPEALS COMMISSION MEETING ADJOURNED AT 9:00 P.M. Respectfully submitted, Debbie Kidder Recording Secretary CITY OF FRIDLEY 6431 UNIVERSITY AVENUE FRIDLEY, MN 55432 (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT VARIANCE APPLICATION FOR: Residential Commercial/Industrial Signs - site plan required for submittal, see attached Address: '3 -7:5 & 7M Property Identification Number Legal Description: Lot S Block Tract/Addition Current Zoning: M s2M'Al . _ Square footage/acreage: Reason for Variance: -4(w-�-R1 u,,t < Have you operated a business in a city which required a business license? Yes No If Yes, which city? If Yes, what type of business? • r1 Pr Was that license ever denied or revoked? A)A Yes No FEE OWNER INFORMATION (as it appears on the property title) (Contract purchasers: Fee owners must sign this form prior to processing) NAME:. M A R S L. % i n of ADDRESS: � v NE. i vj 594A A -- DAYTIME PHONE: 3o4 - '•10 8`7 SIGNATURE/DATE: PETITIONER INFORMATION NAME: M4W, Y L. is i n q ADDRESS: Ayr- NE, FO-Wgw. mri ' 4 DAYTIME PHONE: ezD4 q o A SIGNATURE/DATE: -7-]Z-2 Section of City Code: FEES Fee: $100.00 for commercial, industrial, or signs: Fee: $60.00 for reside tialy�roperties: X Receipt #: Received By: Application Number q7-* Scheduled Appeals Commission Date: Asr 13, 19117 Scheduled City Council Date: sr 437, 1 °t -7 10 Day Application Complete Notification Date: 2 (? 9 7 60 Day Date: 7 �� 192,7- City of Fridley Land Use Application Process Application Date I 60 Day Window Starts i i Submit Complete Application and Materials 60 Day Agency Action Law Planning Commission Meeting Recommendation to Council 21-40 Daysi i Application Complete 10 Day Notice Public Hearings: Variance Vacations Lot Splits Plats Rezonings Zoning Amendments Wetland Replacements Comprehensive Plan Special Use Permits City Council Decision . Approval or Denial 50-60 Days Approved, Action Taken Letter Tabled,.60 More Days Denied Public Hearings: Rezonings Zoning Amendments • VARIANCE APPLICATION SUBMISSION CHECKLIST r The following shall be the minimum submission requirements to the Appeals Commission. Applications will not be accepted if the following is not submitted: RESIDENTIAL: ITEM SUBMITTED RECEIVER'S COMPLETE REVIEWER'S INITIALS INITIALS/DATE Completed application; with fee (Application is considered complete if ✓ /f all blanks are completed, and both fee owner and petitioner have signed) Scaled site plan of property showing north arrow, existing and proposed structures, lot and block number, adjacent street names, and buildings on adjacent lots within 10 feet of the common lot lines. Elevation of building and description of materials. Narrative of proposed building. COMMERCIAL AND INDUSTRIAL: ITEM SUBMITTED RECEIVER'S COMPLETE REVIEWER'S INITIALS INITIALS Completed application, with fee (Application is considered complete if all blanks are completed, and both fee owner and petitioner have signed) Scaled site plan of property showing north arrow, existing and proposed structures, lot and block number, adjacent street names, and buildings on adjacent lots within 10 feet of the common lot lines. Elevation of building and description of materials. Landscape plan for all projects requiring a parking lot expansion of four (4) or mores aces. Grading and drainage plan. Erosion control plan. Calculations for stormwater runoff: 0 VARIANCE APPLICATION 0 SUBMISSION CHECKLIST, PAGE 2 ITEM SUBMITTED RECEIVER'S COMPLETE REVIEWER'S INITIALS INITIALS a. undeveloped condition b. existing condition c. proposed condition Calculations for excavation and/or fill. Utility Map: (If item is nonexistent, note on plan) Water: size and type of a. existing mains b. existing services c. proposed services d. hydrants e. valves f. fire services Sewer: size and type of a. existing mains b. existing services c. proposed services d. manholes and lampholes e. elevations (inverts and top of • castings) Storm: size and type of a. existing mains b. existing services c. proposed services d. manholes and lampholes e. elevations (inverts and top of castings f. existing catch basins g. proposed catch basins SIGNS: ITEM SUBMITTED RECEIVER'S COMPLETE REVIEWER'S INITIALS INITIALS/DATE Completed application, with fee (Application is considered complete if all blanks are completed, and both fee owner and petitioner have signed) Drawing of proposed sign. Scaled site plan showing location of sign, or uilding elevation if wall sign. Written response to Section 214.21.02 of the Sign Code. Date Created: i File Number. Summary of Re Date Sub Mitted: Application Des (Official-ReCeIVI 60 Day Action LAND USE A�,�11 PLICATION FILE ILE CI-Iti,&LIST Al luast de - • line: 10 Day Completion Notice:1'q1 —47 Date) iSte:— q hlp I Y understand that while my application was.submitted for (applicart's name) review on theapplication .appliation ,deadline Is: and the 60 day actionwnddwvll�Fbtb"bntiti,iioive a letter stating thatMyaWic9tIoA--Jstr complete - I also understa d that the City may, at any time , during the 60 day action windowi, in writing, notify rrle that the proem will be extended an additional 60 days. Application Application Scheduled I Scheduled, Scheduled (signed) (witnessed. by receiver) Jend Complete ✓ yes no rhpletion Notices Mal,led: 62,11 -le, 7 f ning Commission: sals Commission: '&-Al P Council: pc,,s . F Vr- f,J ,�eC- r -ate _ CHECK LIST FOR AGENDA ITEMS ew APPEALS COMMISSION Item indexed Has staff visited the site? What is the issue? How is the issue to be resolved? Was the petitioner's hardship clearly stated? Was there a site history researched and attached? Was an aerial photo attached? What is the Appeals Commission/ City Council action reauested? Are the stipulations clear? Is the cover sheet clear? ':m q�J4r no E v4)irNCJV- F?M -7 6' To lq a d A"M Are the attachments complete and easy to read? (site plan, landscape plan, directional indicators, etc. PREPARED BY THE CITY OF FRIDLEY PLANNING STAFF- AUGUST 7,1997