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VAR 90-099 � 920941 STATE OF MINNESOTA APPEALS COMMISSION PROCEEDINGS COUNTY OF ANOKA CITY OF FRIDLEY In the Matter of a variance, VAR #90-09 VARIANCE -Arland Breyer , Owner The above entitled matter came before the Appeals Commission of the City of Fridley and was heard on the 22nd day of May , 19-3D-, on a petition for a variance pursuant to the City of Fr'idley's Zoning Ordinance, for the following described property: To reduce the side yard setback on a corner lot from 17 feet 6 inches to 14 feet 9 inches, to allow the construction of additional living space on Lot 15, Block 5, Rice Creek Terrace Plat 3, the same being 490 - 67th Avenue N.E. IT IS ORDERED that a variance be granted as upon the following conditions or reasons: See Appeals Commission meeting minutes of May 22, 1990. STATE OF MINNESOTA ) COUNTY OF ANOKA ) CITY OF FRIDLEY ) OFFICE OF THE CITY CLERK I, Shirley A. Haapala, 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 Fr ley, Minnesota, in the County of Anoka on the day of DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 SHIRLEY A. AAPALA, CITY ERff ` .� Variances are valid for a period of one year following approval be bevyF . A. considered void if not used within that period. ` •.�{SEAL- 'R��.. '�` 0- T! 7 t, w n ' CITY OF FRIDLEY • t APPEALS COMMISSION MEETING, MAY 22, 1990 CALL TO ORDER: Chairperson Savage called the May 22, 1990, A eals Commission meeting to order at 7:30 p.m. ROLL CALL: Members Present: Diane Savage, La Kuechle, Ken Yos, Cliff Johnson Members Absent: None Others Present: Mich a McPherson, Planning Assistant Pa Wells, Wescot Construction rand Breyer, 490 - 67th Avenue N.E. OM TION b Mr. Kuechle, seconded by Mr. Johnson, to approve the May s, 19 , Appeals Commission minutes as written. N A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE OTION CARRIED UNANIMOUSLY. 1. CONSIDERATION OF VARIANCE REQUEST VAR #90-09, BY WESCOT CONSTRUCTION: Pursuant to Section 205.07.03.D.(2).(c).((1)) of the Fridley City Code to reduce the side yard setback on a corner lot from 17 feet 6 inches to 14 feet - : 9 inches, - to -al-10W • the construction of additional living space on Lot 15, Block 5, Rice Creek Terrace Plat 3, the same being 490 -67th Avenue N.E. NOTION by Dr. Vos, seconded by Mr.•Kuechle, to open._the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON -SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPEN AT 7:31 P.M. Ms. McPherson stated the property is located at the intersection of 67th Avenue and 7th Street. The site is zoned R-1, Single Family, District, as are the surrounding parcels. Ms. McPherson stated the petitioner is proposing to construct a 12 ft. by 16 ft. four season porch with an attached deck off the rear PPEALS COMMISSION MEETING, MAY 22. 1990 PAGE 2 of the house. In 1956, a single family home with an attached single car garage was constructed on the site. In 1968, the original garage was converted to living area, and the current two car garage was constructed at that time. At the time these conversions occurrrd, the house and garage met the required side yard setback. It was not until 1969 that the setback was changed to those similar to today's zoning code requirements. Ms. McPherson stated that when staff evaluates variance requests, they often look for alternatives that would allow a petitioner to meet the zoning code requirements. In this instance, there is a kitchen window to the west of the proposed addition. The Building Code prevents the addition from being shifted approximately 2 feet 9 inches to comply with today's zoning code standards. The other alternative would be to shorten the addition by 2 feet 9 inches, which would, in effect, create an asymmetrical room. The proposed addition extends an even distance on either side of the entry door, with a large window centered across from the entry door in the south wall of the addition. Ms. McPherson stated the petitioner was not responsible for the change in the zoning code requirements, and the addition would not increase the current encroachment. it would only continue the current line of nonconformance. As the request does not increase the encroachment, staff is recommending the Appeals Commission approve the variance as requested. This recommendation is also based on a court case regarding Trinity Church in which the State Appeals Court approved a City's variance similar to this one. Mr. Pat Wells, Wescot Construction, stated that letters were sent to Mr. Arland Breyer's immediate neighbors to see if they had any objections to this proposal. These neighbors signed the letters stating they had no objection to the addition proposed by Mr. Breyer and thought it would be an improvement to Mr. Breyer's home. NOTION by Dr. Vos, seconded by Mr. Ruechle, to receive into the record letters dated May 18, 1990, from Mr. and Mrs. Rodney Middlestadt, 495 - 66th Avenue N.E.; Walter Hebrink, 480 - 67th Avenue N.E.; and Joyce Nordin, 491 - 67th Avenue N.E. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Mr. Johnson, seconded by Mr. Kuechle, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 7:42 P.M. Dr. Vos stated he is in favor of approving the variance. The addition would continue the current nonconforming setback. It 0 0 PPEALS CONNISSION MEETING. MY 22, 1990 PAGE 3 would be unsightly to put in a 30 inch jog, and then there would be problems with the kitchen window. The addition does not seem like it would be disruptive in any way to the adjacent neighbors. Ms. Savage agreed. She stated she is familiar with this property. The problem is not the homeowner's. There is a hardship because of the circumstances of the property. She did not think it would defeat the code to just continue the building line as it exists now. Mr. Ruechle also agreed. He thought the variance request is well within the guidelines the Appeals Commission must follow, and he would vote in favor of the variance. Mr. Johnson stated that based on hinsfavoreofsthede by e variance,other commissioners, he, too, would vote NOTION by Mr. Kuechle, seconded by Dr. Vos, to approve variance request, VAR #90-09, by Wescot Construction, pursuant to Section 205.07.03.D.(2).(c).((1)) of the Fridley City Code to reduce the side yard setback on a corner lot from 17 feet 6 inches to 14 feet 9 inches, to allow the construction of additional living space on Lot 15, Block 5, Rice Creek Terrace Plat 3, the same being 490 - 67th Avenue N.E. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. McPherson stated that staff spoke with Councilmember Steve Billings regarding this variance request. He thought this was not a variance request the Council needed to see and authorized the Appeals Commission to take final action on this request. 2. CHANGE IN JULY MEETING DATES: Ms. McPherson stated that currently, the Appeals Commis 'on is scheduled to meet on July 3. She asked the Appeals Co ssion if they wished to reschedule this meeting. The Appeals Commission members agreed to can the July 3 and July 17 meeting dates and reschedule the July etings for July 10 and July 24. ADJOURNMENT: NOTION by Dr. Vos, seconded Mr. Ruechle, to adjourn the meeting. Upon a voice vote, all vo ng aye, Chairperson Savage declared the May 220 1990, Appeals ommission meeting adjourned at 7:50 p.m. ctfully I g Secretary 920941 SHIRLEY A. HAApALA FRIDLEY CITY CLERK 6421 UNIVERSITY AVE NE FRIDLEY MN 55432 N>aw Gzmio_ >&d Che&ed cm t OF COUM MMER mil OfImimff mm Lil I Wft certify fat the oft instru- ment was filed In ft office for record on the IAN_ 2 2 10 40- o'eock al., ad was duty recorded 0 �- a / / CL Q SHIRLEY A. HAApALA FRIDLEY CITY CLERK 6421 UNIVERSITY AVE NE FRIDLEY MN 55432 0 APPEALS COMMISSION ACTION TAKEN NOTICE Pat Wells Wescot Construction #85 East County Road B St. Paul, MN 55117 Dear Mr. Wells: • May 29, 1990 On May 22, 1990, the Fridley Appeals Commission approved your request for a variance, VAR #90-09, to reduce the required side yard setback on a corner lot from 17 feet 6 inches to 14 feet 9 inches to allow the construction of an addition on Lot 15, Block 5, Rice Creek Terrace Plat 3, the same being 490 - 67th Avenue N.E. If you have any questions regarding the above action, please call the Planning Department at 571-3450. Sincerely, Michele McPherson Planning Assistant MM/ls Please review the Appeals Commission action, sign the statement below, and return one copy to the City of Fridley Planning Department by June 11, 1990. Concur with action taken cc: Arland Breyer ® • 11 10 STAFF REPORT APPEALS DATE May 22, 1990 CITY OF PLANNING COMMISSION DATE FRIDLEY CRY COUNCIL DATE AUTHOR MM: la REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION SITE DATA SIZE DENSITY PRESENT ZONING ADJACENT LAND USES & ZONING UTLHES PARK DEDICATION ANALYSIS FINANCIAL IMPLICATIONS CONFORMANCE TO COMPREHENSIVE PLAN COMPATIBILITY WITH ADJACENT USES & ZONING ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMENDATION APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENDATION VAR #90-09 Pat Wells, Wescot Construction To reduce the required side corner setback fran 17 feet 6 inches to 14 feet 9 inches. 490 - 67th Avenue N.E. 10,700 sq. ft.; the structures are ander the 25% (2,675 sq. ft.) lot coverage requirement (2,064 sq. ft.) 1-1, Single Family Dwelling R-1, Single Family Dwelling to N, E, S, W Yes Yes Approval Staff Report VAR #90-09, 490 - 67th Avenue N.E. Page 2 A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.07.03.D.(2).((1)) requires a side yard setback on a corner lot to be not less than 17.5 feet. Public purpose served by this requirement is to maintain a higher degree of traffic visibility and to reduce the "line of sight" encroachment into the neighbor's front yard. B. STATED HARDSHIP: Addition to conform with existing building setback. C. ADMINISTRATIVE STAFF REVIEW: Request Pat Wells, for Arland Breyer, is requesting a variance to reduce the side corner setback from 17 feet 6 inches to 14 feet 9 inches on Lot 15, Block 5, Rice Creek Terrace, the same being 490 - 67th Avenue N.E. Site The parcel is located at the intersection of 67th Avenue and 7th Street. A single family dwelling unit and a two -car garage are located on the site. The parcel is zoned R-1, Single Family Dwelling, as are the surrounding parcels. Analysis In 1956, a single family home with an attached single car garage was constructed on the parcel. The original garage was converted to a family room in 1968 when the two -car garage was constructed. At the time these structures were constructed, they conformed to the zoning code. It was not until 1969 that the setback requirements were changed to requirements similar to those in the current zoning code (see attached zoning ordinances). To evaluate variance requests, staff explores alternatives that would allow the petitioner to meet the code. In this case, as there is a kitchen window to the west of the proposed addition which prevents the addition from being moved to the west, the only alternative available to the petitioner would be to shorten the room by 2 feet 9 inches-,* This, however, would create an asymmetrical room. The proposed addition extends an even distance on either side of the entry door, Staff Report VAR #90-09, 490 - 67th Avenue N.E. Page 3 with a large window centered across from the entry door (see attached floor plan). By shortening the room by feet, the window would have to be moved and would no longer be centered in the south wall of the room. The landowner was not responsible for the change in the zoning code requirements, and the request will not increase the encroachment; it only continues the line of nonconformance. Recommendation As the request does not increase the encroachment, but only continues the line of nonconformance, staff recommends that the Appeals Commission approve the variance as requested. PUBLIC BEARING BEFORE THE APPEALS COMNISSION Notice is hereby given that the Appeals Commission of the City of Fridley will conduct a Public Hearing at the Fridley Municipal Center at 6431 University Avenue N.E. on Tuesday, May 22, 1990, at 7:30 p.m. for the purpose of: Consideration of variance request, VAR #90-09, by Wescot Construction, pursuant to Section 205.07.03.D.(2).(c).((1)) of the Fridley City Code to reduce the side yard setback on a corner lot from 17 feet 6 inches to 11 feet 9 inches, to allow the construction of additional living space on Lot 15, Block 5, Rice Creek Terrace Plat 3, the same being 490 -67th Avenue N.E., Fridley, Minnesota, 55432. Any and all persons desiring to be heard shall be given the opportunity at the above stated time and place. DIANE SAVAGE CHAIRPERSON APPEALS COMMISSION Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. • 0 City Council Members City Manager Diane Savaqe 567 Rice Creek Terrace Fridley, MN 55432 Pat Wells Weseot Construction 85 East County Road B St. Paul, NN 55117 Arland F. Breyer 490 - 67th Avenue N.E. Fridley, MV 55432 Henry Martin 515 - 66th Avenue N.E. Fridley, M 55432 Howard Larson 505 - 66th Avenue N.E. Fridley, MN 55432 Mark Babcock 516 - 67th Avenue N.E. Fridley, MN 55432 Wallace Froehle 508 - 67th Avenue N.E. Fridley, MN 55432 Albert Wiinikainen 500.- 67th Avenue N.E. Fridley, MN 55432 NAILING LIST FOR VAR # 90-09. 490 - 67th Avenue Beverly Talbot 509 - 67th. Avenue N.E. Fridley, MN 55432 Roy Kirkham 501 - 67th. Avenue N.E. Fridley, MN 55432 Kenneth. Brennen - 6716 - 7th Street N.E. Fridley, MN 55432 Rodney Middlestedt 495 —66th Avenue N.E. Fridley, MN 55432 Greg Rassmmsen 381 - 66th Avenue N.E. Fridley, NAT 55432 James layer 377 - 66th Avenue N.E. Fridley, MN 55432 Edward Luniewski 375 - 66th. Avenue N.E. Fridley, MN 55432 Leslie Nordin 491 —67th Avenue N.E. Fridley, MN 55432 ilinq Date: May 11, 1990 Lowell Boe 481 - 67th Avenue N.E. Fridley, MN 55432 Delmour 'Fenske 471 67th Avenue N.E. Fridley, PMT 55432 Mark Adler 461 - 67th Avenue N.E. Fridley, NST 55432 Joseph Christensen 460 - 67th Avenue N.E. Fridley, MN 55432 Edwin Saefke 470 - 67th Avenue N.E. Fridley, MN 55432 Walter Hebrink 480 - 67th Avenue N.E. Fridley, MN 55432 COMMISSION APPLICATION REVIEW FLE Mmmm F" Mwm mmTm DATE FILE DESCRIPTION vAR #90-o9 CINOF 24 4-27-90 5-22-90Wescot Constr. - 490 - 67th Ave. N.E. FWDLEY COMPLETE REVIEW CHECKLIST AND RETURN TO PLANNING DEPT p_ glfj L COMMENTS ICHELE M. i • 2k,RREL C. 0 %I • l j I � ' [9 BOB A.:5,/, C=Y OF PRIME ► 0 • , a� 6431 MUVEW=Y AVENGE N.E. PRMLEYi HN 55432 Oaa®m3ty Develv�xnent Department (612) 571-3450 VARIRM APPLIQsiTICET ME MPERTY 3W ROMON - site plan required for submittals; see attached Address: I ct ® — 6 r -k +.,., 0, i=— Legal description: Lot is Block Tract/Addition Current zoning: Square footage/acreage 03'I Reason for variance and hardship: (Contract Purchasers: W r`0 PETITIC�4�tt INFORNIl4TIG�1 Section of City Code: Owners mist sign this form prior to processing) Oma /Os, MMM PHONE 1` - � / O25 my= Pam SIGNATURE, DATE Fee: $100.00 $ 60.x00 for residential properties Permit VAR # 7®` Z'-> 9 Recepit # - 3 6 /WSJ Application received by: Scheduled Appeals Cotmission date: Scheduled City Council date: CITT OF PRIDLET PLAN REVIEW •MECKLIBT Applicants for vacations must submit the legal description of the parcel (easement, street, etc.) to be vacated. Complete site plans, signed by a registered architect, civil engineer, landscape architect, or other design professional, to include the following: A. General: i. Name and address of project 2. Legal description (certificate of survey may be required) 3. Name, address, and telephone number of applicant, engineer, and owner of record 4. Date proposed, north arrow, scale, number of sheets, name of drawer 5. Description of intended use of site, buildings, and structures including type of ocsipancy and estimated occupancy load 6. Existing zoning and land use 7. Tabulation box indicating: (i) Size of parcel in areas of at,. ft. (ii) Gross floor area of buildings (iii) Percent of site covered by building (iv) Percent of site covered by impervious surface (v) Percent of site covered by area (vi) Projected number of employees (vii) Number of seats if intended use is a restaurant or place of assembly (viii) Number of parking spaces required (ix) Number of parking spaces provided including handicapped (x) Height of all buildings and structures and number of stories B. Site Plan: 1. Property line dimensions, location of all existing and proposed structures with distance from boundaries, distance between structures, building dimensions and florr elevations 2. Grading and drainage plan showing existing natural features (topography, wetlands, vegetation, etc.) as welgh as proposed grade elevations and sedimentation and stores water retention ponds. Calculations for storm water detention/retention areas. 3. All existing and proposed points of egress/ingress shouirg widths of property lines, turning radii abutting rights-of-way with indicated center line, width, paving width, existing and proposed median cuts, and inter- sections of streets and driveways 4. Vehicular circulation system showing location and dimensions for all driveways, parking spaces, parking lot aisles, service roads, loading areas, fire lanes, emergency access (if necessary), public and private streets, alleys, sidewalks, bikepaths, direction of traffic flow, and traffic -control devices S. Landscaping Plan 6. Location, access, and screening detail of trash enclosures 7. Location and screening detail of rooftop equipment S. Building elevations from all directions 9. Utility plan identifying size and direction of existing water and sewer lines, fire hydrants, distance of hydrant to proposed building a N l/P SEC. /4, T. 30, R. 2 4 C/TY OF FR/OGEY �� 12 CAI .. I �9t1i1�Y STATE AID HIGHWAY G.t�11 q��p SLC.r+ LOCATION MAP • If •2 q W•/5�t`"•• _ 3 f 9 ` 4 3 2/ 1��• r4 I •� q 9 1 2 Z9 . � •�� 3 I24 3 3 /7 W os•� yr �] �° Yp 11 IL 3 �� '' W f a �}r AY 0 1 7 7 ♦` 9 L�a 3 �� t / /2 // /• ,416 3 �� • r 2 3 4 a s .� 1. �� 68 T c To R R � ` 7P c ' 4 4- Al .T T AVE F- 7V; ri,ri /I r3 r // /e'9 B 7 b S�4 3 flf, r 2uA Svc z 66TH. AVENUE 9 0 >c s •;3 i t �_ YICCICC104 CTOCCT ZONING MAS MAY 18, 90 TO THE CITY COUNCIL OF FRIDLEY: RE: VARIANCE FOR SAID RESIDENCE AT 490 67TH AVE N.E. DEAR COUNCIL MEMBERS, AS A MEMBER OF OUR COMMUNITY AND A NEIGHBOR TO MR. BREYER, I HAVE REVIEWED THE ARCHITECTURAL PLANS PROPOSED BY WESCOT CONSTRUCTION AND FEEL THE ADDITION AND ITS LOCATION . ARE EXCEPTABLE TO ME (US). I (WE) FEEL AN ADDITION OF THIS NATURE WILL BE AN IMPROVEMENT TO MR. BREYER'S HOME AND THE SURROUNDING NEIGHBORHOOD. THANK YOU FOR THE OPPORTUNITY TO EXPRESS MY VIEWS ON THIS MATTER. 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