Loading...
VAR 90-27• STATE OF MINNESOTA COUNTY OF ANOKA CITY OF FRIDLEY In the Matter of a variance, VAR #90-27 Weldon Fenton , Owner 10 920930 CITY COUNCIL PROCEEDINGS VARIANCE The above entitled matter came before the City Council of the City of Fridley and was heard on the 19th day of November , 19-10—, on a petition for a variance pursuant to the City of Fridley's Zoning Ordinance, for the following described property: To reduce the side yard setback from 10 feet to 6 feet, to allow the enclosure of an existing porch on Lot 2, Block 6, Rice Creek Terrace Plat 6, the same being 640 - 67th Avenue N.E. IT IS ORDERED that a variance be granted as upon the following conditions or reasons: See City Council meeting minutes of November 19, 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 /�o.�� day of 41441 , 19-9z— • DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 SHIRLEY A. HAJAPALA,'CITY4&ERK Variances are valid for a period of one year following approval and , sha, l• °, be` considered void if not used within that period. Cj (SEAL), ) C7 11 ] FRXDLEY CITY COUNCIL UZTINa OF NOVEMBER 19. 1990 T&GE 21 Ms. McPherson stated that this applies only if those particular loading docks are visible from the public right-of-way. Mr. Harris stated that he understands, but how do you get to the loading dock if it is not from the public right-of-way. No. McPherson stated that there is some flexibility under thi section that staff would look at the site on an individual basks. She stated that some lots may be substandard and would be le to comply with this condition. Mr. Harris asked how closely the Northco Business Cent follows this ordinance. Ms. McPherson stated that as far as the boulevard tr es, they come very close, but as far as berming along the propert line, they are lacking in that area. Mr. Harris stated that regarding the maintena ce and replacement of vegetation, he questioned how this would enforced. Ms. McPherson stated that it would be enforced by the Code Enforcement Officer who will inspect each to for code violations. She stated that if there were plant, aterials that failed to survive, the property owner would be n ified to replace the plant materials within a certain period f time allowed under the ordinance. She stated that failure o do so would allow the City to replace the plant material and ssess the property owner. Mr. Harris asked if this inclu d grass and would the City resod somebody's berm. Ms. Dacy stated that the Cit would take the approach that if there is a severe problem, and a property is in a state of disrepair, the City has the authorit to correct the problem if it is not done by the property owner. She stated that she is not aware of a situation in the pas where the city had to go and replace vegetation, but this ordinance gives the City an option if an impossible situatio exists. MOTION by Counci n Fitzpatrick to close the public hearing. Seconded by Cc ilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Ne declared the motion carried unanimously and the public hearin closed at 11:20 p.m. 6. MOTIO by Councilman Billings to table this item. Seconded by Coun ilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. t • lzi 7. �J A6BATEMNT FROG AM FAL: MOTION by Councilman Billings to waive the reading and app ve the ordinance upon first reading. Seconded by Councilwoman J rgenson. Upon a voice vote, all voting aye, Mayor Nee declared a motion carried unanimously. S. MOTION by Councilwoman Jorgenson to waive reading and approve the ordinance upon first reading. Sconded by Councilman Fitzpatrick. Upon a voice vote, all votin aye, Mayor Nee declared the motion carried unanimously. 9. M Mr. Robertson, Community Dey4lopment Director, stated that this is an update to the Buildi g Code to incorporate the new State Building Code requiremen s. He stated that the percentages remain the same for the buil ng permits, but the plumbing fee schedule has been increased. a stated that even with this increase, it is the lowest compared o surrounding communities. He stated that the new fee is for r sidential mobile home installation. He stated that the City's ordinance is slightly changed in format to follow the State cod . MOTION by ouncilman Fitzpatrick to waive the reading and approve the ord ance upon first reading. Seconded by Councilwoman Jorgen n. Upon a voice vote, all voting aye, Mayor Nee declared the i4otion carried unanimously. • • • !74 WWI I N IV 1 L i' 4: � • 4s. Ms. Dacy, Planning Coordinator, stated that this was a request for a variance to reduce the side yard setback from ten feet to six feet in order that the petitioner may enclose the overhang area for a three season porch. She stated that this would provide an access from this porch into the garage. 0 No. Dacy stated that the Appeals Commission recommended approval with no stipulations, although staff has recommended denial as the petitioner has other alternatives. MOTION by Councilman Billings to concur with the recommendation of the Appeals Commission and grant Variance Request, VAR #90-27 to reduce the side yard setback from 10 feet to 6 feet. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. B. VARIANCE REQUEST VAR #90-28 BY HEALTH ONE UNITY HOSPITAL, TO INCREASE THE SQUARE FOOTAGE OF AN AREA IDENTIFI_CATION SIGN FROM 24 SQUARE FIET TO 94 SQUAM FEET, TO - CONSTRUCTION OF A NEW AREA IDENTIFICATION SIGN AT 550W ROAD: Ms. Dacy, Planning Coordinator, stated that this is a r idant to increase the size of an area identification sign from. 4 square feet to 79.75 square feet at Unity Hospital. She state that there were a number of variance requests on the property, nd in 1981 a variance was granted to increase the sign to 56. 3 square feet which is the sign that now exists. Ms. Dacy stated that the Appeals Commission re mmended denial for a 94 square foot sign by a 2 to 1 vote, and a petitioner reduced the size of the variance to 79.75 square et. She stated that staff's recommendation to the Appeals Co ission was for denial, but acknowledged that the City did dets ine there was a hardship created for limiting the sign to 24 s re feet. She stated that the Appeals Commission felt the size f the sign approved in 1981 was more appropriate. She stated t the sign the petitioner is requesting is one square foot sho of a maximum sign that would be permitted in a commercial dis 'ict. Mr. Gary Alberts, represent ng the administration at Unity Hospital, stated that they h e undergone a name change at Unity, and their visibility is not ood going down Osborne Road. MOTION by Councilman Bil Ings to grant Variance Request, VAR #90-28, to allow the s re footage of an area identification sign to be increased from 2 square feet to 80 square feet. Seconded by Councilman Fitzpat ick. Mayor Nee stated th t he could not see where the words "Health One" were needed on th sign. Councilwoman Jo genson asked Mr. Alberts if he knew anything about the City's re est that an application be filed for rezoning for the heliport. Mr. Albe stated that he was not aware of this request, but would check on the status. Councilman Billings stated that his reasoning for/iRaking the motion to approve this variance is that in the past s oral years, there have been times when Unity and the City have g ten along very well and other times where they have been at odds He stated that this motion was partly a gesture of goodwill t try and reopen those lines of communication so that they resolve some issues, particularly the one mentioned by Counci omen Jorgenson. Councilman Billings stated that he wou d tend to agree with Mayor Nee that the average person who needs the hospital facilities may not be particularly concerned with a words "Health One", but it appears they are in the process of i entifying that Mercy and Unity are one large system. UPON A VOICE VOTE TART ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion Orried unanimously. C. MOTION by CouncilmanFi zpatrick to grant Variance Request, VAR #90-29, with the stipu ation that the owner of the property sign and record against the parcel an agreement stating that the owner understands that the deck can never be enclosed. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11. MOTION by Coun ilman Billings to authorize the proper City officials to xecute the grant application. Seconded by Councilwoman J rgenson. Upon a voice vote, all voting aye, Mayor Nee declared a motion carried unanimously. 12. Ms. Dacy, P anning Coordinator, stated that the Code Enforcement Officer ha been trying to work with this property owner to have the solid as that has accumulated in the driveway area removed. She state that staff has not been able to achieve compliance and is reque ting approval to contract and abate the nuisance. She stated at the property owner was asked to attend the meeting. Mr. C1 ence Sauers, 6750 Overton Drive, stated that a member of the Ci y staff was out today to observe the situation. He stated that the City is going to do something about this nuisance, he may able to answer any questions. He stated that this problem has been ongoing for years. e . ft • 920930 o"a dF cauff f STATE OF FQIOM% CDIOFITV OF ARBA 1 herew conn that tha witto msW- mom IAT 2 2 M1 for reccra on the SHIRLEY A. HAAPALA FRIDLEY CITY CLERK 6421 UNIVERSITY AVE NE FRIDLEY MN 55432 UNOF FRIDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 • (612) 571-3450 • FAX (612) 571-1287 CITY COUNCIL ACTION TAKEN NOTICE Weldon Fenton 640 - 67th Avenue N.E. Fridley, MN 55432 Dear Mr. Fenton: November 20, 1990 On November 19, 1990, the Fridley City Council officially approved your request for a variance, VAR #90-27, to reduce the side yard setback from 10 feet to 6 feet, to allow the enclosure of an existing porch on Lot 2, Block 6, Rice Creek Terrace Plat 6, the same being 640 - 67th Avenue N.E. If you have any questions regarding the above action, please call the Planning Department at 571-3450. S Barbara Dacy Planning Coordina or BD/dn Please review the above, sign the statement below and return one copy to the City of Fridley Planning Department by December 4, 1990. Concur with action taken • EEW IU %. FTOOM L. MOTION by Councilman _ rdinance upon first Billings to waive Upon a voice reading. Seconded by reading and approVe the U vote carried Unanimously. voting ay®� Ma Mayor Councilwoman, Y Nee declar the gnotion 8. FIRST n��..---- MOTION b � - the y Councilwoman Jorgenson genson to waiv Fitzpatrick. Upon first reading. the reading and a the motion Carron a voice vote Seconded -Prove unanimously. all v ting ayes Mayo Councilman 9 • FIRST n..,. ---- same Nee declared a a Mr, Robertson an update to'�unit Development Building B ldin Pment Director, Stated the g Code requi ment g Code to inco that this i same for the M. He stated that-P°rate the s has been ilding-ermits new State the lowest as d but the the Percentages remain • He stated that even with plumbing new fZMOTI cored to s g fee schedule r residential surrounding communities this increase it is mobile He stated that the yes ordinance is sli home installation. de. slightly changed in format He stated rmat tofollowuncilmanFitzce Patrick towaivethe readinU upon first reading. g and aon carried voice vote Seconded by Councilwoman unanimously. all voting aye, Mayor Nee 10. R -Rn r« declared A. +aa 4 E N OF OCm BER 0 I Ms. Dac i 0 � Y, Planning Coordinator, " a variance to reduce , stated that feet in order that the side yard setback tfromwte a. a request for porch. She stated may enclose ten feet to six from this porch into the this Would overhang area for garage. that provide an access Ms. Dacy stated that the Appeals Commission recommended approval with no stipulations, although staff has recommended denial as the petitioner has other alternatives. MOTION by Councilman Billings to concur with the recommendation of the Appeals Commission and grant Variance Request, VAR #90-27 to reduce the side yard setback from 10 feet to 6 feet. Seconded by Councilwoman Jorgenson. -Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. B. Ms. Dacy, Planning Coordinator, stated that increase the size of an area identification feet to 79.75 square feet at Unity Hospital. were a number of variance requests on the pro variance was granted to increase the sign which is the sign that now exists. Ms. Dacy stated that the Appeals Commis a 94 square foot sign by a 2 to 1 vote, the size of the variance to 79.75 sou staff's recommendation to the Al but acknowledged that the City d created for limiting the sign to the Appeals Commission felt the was more appropriate. She stat requesting is one square foot si be permitted in a commercial is this is//a request to sign rom 24 square She dated that there )p y, and in 1981 a -.� 56.83 square feet sirecommended denial for nd the petitioner reduced re feet. She stated that Commission was for denial, :rmine there was a hardship 4 square feet. She stated that ze of the sign approved in 1981 that the sign the petitioner is .t of a maximum sign that would ict. Mr. Gary Alberts, rept enting the administration at Unity Hospital, stated that r2y-, have undergone a name change at Unity, and their visibi/square ngood going down Osborne Road. MOTION by Councillings to grant Variance Request, VAR #90-28, to allow footage of an area identification sign to be increased square feet to 80 square feet. Seconded by Councilman Fik. Mayor Nee stated that he could not see where the words "Health One" were needed o,A the sign. Councilwom n Jorgenson asked Mr. Alberts if he knew anything about the City'd request that an application be filed for rezoning for the helibort. Mr. Alberts stated that he was not aware of this request, but would check on the status. Armrm 10A STAFF REPORT APPEALS DATE October 30, 1990 C11YOF PLANNING COMMISSION DATE FRIDLEY CITY COUNCIL DATE November 19, 1990 AUTHOR 21: IS REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION SITE DATA SIZE DENSITY PRESENT ZONING ADJACENT LAND USES & ZONING UTLffES PARK DEDICATION ANALYSIS FINANCIAL IMPLICATIONS CONFORMANCE TO COMPREHENSIVE PLAN COMPATIBILITY WITH ADJACENT USES & ZONING ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMENDATION APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENDATION VAR #90-27 Weldon Fenton To reduce the side yard setback from 10 feet to 6 feet 640 - 67th Avenue N.E. R-1, Single Family Dwelling R-1, Single Family Dwelling, to the W, N, and E; Hayes Elementary School to the S Denial E • r A • � X06 Staff Report VAR #90-27, 640 - 67th Avenue N.E. - Weldon Fenton Page 2 A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.07.03.D. (2). (a) requires a side yard setback of 10 feet between any living area and side property line. The public purpose of this requirement is to reduce the possibility of fire to adjacent structures and to allow for aesthetically pleasing open areas around residential structures. B. STATED HARDSHIP: "To allow us to enclose an existing porch." C. ADMINISTRATIVE STAFF REVIEW: Request The petitioner, Weldon Fenton, is requesting that a variance be granted to reduce the side yard setback for a living area from 10 feet to 6 feet in order to convert an existing patio area into a three season porch. The request is for Lot 2, Block 6, Rice Creek Terrace Plat 6, the same being 640 - 67th Avenue N.E. Site A single family dwelling unit with an attached single car garage is located on the property. The parcel is zoned R-1, Single Family Dwelling, as are the parcels to the west, north, and east. The parcel abuts the Hayes Elementary School property. Analysis The proposed three season porch would enclose a patio area that currently exists to the rear of the single car garage. At the time the garage was built, the garage roof was designed in such a way as to overhang a 7 ft. 4 in. by 17 ft. 10 in. patio area to the rear of the garage. The petitioner is proposing to enclose this patio area to create a three season porch. Several of the homes in this area have similar overhang/patio areas. The purpose of the required side yard setback is to ensure that there is adequate separation between structures and to provide fire protection between structures. Staff Report VAR #90-27, 640 - 67th Avenue N.E. - Weldon Fenton Page 3 The petitioner has other alternatives he could use to provide this type of recreational space. The petitioner could construct a detached gazebo in the rear yard, or the petitioner could construct an addition to the rear of the house to create a separate three season porch addition. Recommendation As the petitioner does have two other alternatives which would allow him to meet the code requirements and also meet the need of the family to have additional living space, staff recommends that the Appeals Commission deny the request, VAR #90-27, to reduce the side yard setback from 10 feet to 6 feet. Appeals Commission Action The Appeals Commission voted unanimously to recommend approval of the variance request to the City Council. City Council Recommendation Staff recommends that the City Council deny the variance request as the petitioner has other alternatives which would allow him to meet Code. (EA� CONIOI,INITY DEVELOMVIENT DEPARTMENT anroF FUDLLY MEMORANDUM DATE: November 6, 1990' TO: William Burns, City Manager �- FROM: Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Variance Request, VAR #90-27, by Weldon Fenton Attached is the staff report for the above request. The Appeals Commission voted unanimously to recommend approval of the request to the City Council. As the petitioner has other alternatives which would allow him to meet Code, staff recommends that the City Council deny the request. MM:ls M-90-789 10 • CITY OF FRIDLEY 0 10H APPEALS COMISBION MEETING, OCTOBER 30, 1990 rrrrr..w.rrrrrrw.w..rw.rrr�...rrrrrrrrrrrrrrrw.rrrrrrrrrr rrrrrr CALL TO ORDER: Vice -Chairperson Ruechle. called the October 30, 1990, Appeals Commission meeting to order at 7:30 p.m. ROLL CALL: Members Present: Larry Ruechle, Ren Vos, Cathy Smith Members Absent: Diane Savage Others Present: Michele McPherson, Planning Assistant Weldon Fenton, 640 - 67th Avenue N.E. Jack Kreager, Health One Unity Hospital Glenn Johnson, Sign Logic, Inc. Dennis Garner, 7119 Ashton Avenue N.E. Patrick Boyle, 6261 Rainbow Drive N.E. APPROVAL OF OCTOBER 2. 1990. APPEALS COMMISSION MINUTES: MOTION by Ms. Smith, seconded by Dr. Vos, to approve the October 2, 1990, Appeals Commission minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, VICE -CHAIRPERSON RUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. CONSIDERATION OF VARIANCE REQUEST, VAR #90-27. BY WELDON FENTON: Per Section 205.07.03.D.(2).(a) of the Fridley City Code, to reduce the side yard setback from 10 feet to 6 feet, to allow the enclosure of an existing porch on Lot 2, Block 6, Rice Creek Terrace Plat 6, the same being 640 - 67th Avenue N.E. Ms. McPherson stated the property is zoned R-1, Single Family Dwelling, as is the property to the west, north, and east. The property directly abuts the Hayes Elementary School property on the south. The proposed three season porch would enclose an existing patio area which is located to the rear of the single car garage portion of the dwelling unit. The area that is proposed to be enclosed is approximately 7 ft. 4 in. by 17 ft. 10 in. There are several other homes in this area that have similar patio areas at the rear of the garage, some of which appear to have been converted to screened -in porches. She did check the address files and there did not appear to be similar variances granted in this neighborhood. APPEALS COMMISSION MEETING. OCTOBER 30, 1990 PAGE 2 Ms. McPherson stated the purpose of the code requirement for the 10 foot setback is to ensure that there is adequate separation between structures and to ensure that there is some type of fire protection between structures. Ms. McPherson stated the petitioner has other alternatives that could be explored to provide this type of recreational space. There would be adequate setback for the petitioner to construct an addition to the rear of the house, or the petitioner could construct some type of detached gazebo in the rear yard. Ms. McPherson stated that as the petitioner does two other alternatives which would allow him to meet the code requirements, staff recommends that the Appeals Commission recommend denial of the variance request to reduce the side yard setback from 10 feet to 6 feet. OTION by Dr. Vos, seconded by Ms. Smith, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, VICE -CHAIRPERSON RUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:44 P.M. Mr. Weldon Fenton stated the garage is 6 feet from the property line, and it is not a fire hazard. Why would a three season porch on the back make it any more of a fire hazard? Mr. Weldon Fenton stated his elderly mother-in-law lives with them. They would like to enclose the patio area with an entrance into the garage from the new porch. This will make it much easier for his mother-in-law who is in a wheelchair to get into and out of the car during the winter time when it is snowy and icy. He stated the porch will not be heated in the wintertime. There are other houses in the area that have done the same thing and are not 10 feet from the property line. He stated he has talked to the neighbors and they are in favor of this addition. Ms. Marie Harry, 650 - 67th Avenue, stated she is the neighbor to the east. She stated they have no objection to the enclosing of the patio area. She stated it would aide Mr. and Mrs. Fenton in getting Mrs. Fenton's mother in and out during the wintertime. She could not foresee any problems in the future, even if the house is sold to someone else. MOTION by Dr. Vos, seconded by Ms. Smith, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, VICE -CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:50 P.M. • • IN APPEALS COMMISSION MEETING. OCTOBER 30, 1990 PAGE 3 Ms. Smith stated she had no problem recommending approval of this variance. The roof line is already there because of the existing patio area, so there would not be any change in the sight lines. Also, there are no objections from any of the neighbors. Dr. Vos stated there will. still be 16 feet between the living space of the petitioner's house and the house to the east. Making a jog further from the garage roof line does not make any sense. He thought the spirit of the Code is really more aesthetic and for fire protection, and he thought both of those were being met. He would recommend approval of the variance. Mr. Kuechle concurred. MOTION by Ms. Smith, seconded by Dr. Vos, to recommend to City Council approval of variance request, VAR #90-27, by Weldon Fenton, per Section 205.07.03.D.(2).(a) of the Fridley City Code, to reduce the side yard setback from 10 feet to 6 feet, to allow the enclosure of an existing porch on Lot 2, Block 6, Rice Creek Terrace Plat 6, the same being 640 - 67th Avenue N.E. UPON A VOICE VOTE, ALL VOTING AYE, VICE -CHAIRPERSON RUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. McPherson stated this item will go to the City Council on November 19, 1990. 2. UNITY HOSPITAL: Per Section 214.09.0l.B of a Fridley City Code, to increase the square footage of an a ea identification sign from 24 square feet to 94 square fee , to allow the construction of a new area identification sign at 550 Osborne Road (complete legal description on file). Ms. McPherson stated the property i located just east of the intersection of University Avenue and Osborne Road. It consists of Health One Unity Hospital plus the ity Professional Building located slightly to the west of the hos tal complex. Ms. McPherson stated the property Dwelling, as are the parcels to the 1, General Office, to the east, and is to the north. is z ed R-1, Single Family west a d south. There is CR - the Ci y of Spring Lake Park Ms. McPherson stated the parcel has a hist and also contains several types of signage and various informational pylon signs. of sign variances luding wall signs Ms. McPherson stated that in 1974, the hospital \applied for sign variances to increase the allowable square footage of delivery and �z/A1 ivI "11 k�-ae� �✓�- �an�a�-e9 U A Vw un a,uati - 4 U PUBLIC HEARING BEFORE THE APPEALS COMMISSION Notice is hereby given that the Appeals Commission of the City of Fridley will conduct a Public Hearing at the Fridley Municipal Center at 6431 University Avenue N.E. on Tuesday, October 30, 1990, at 7:30 p.m. for the purpose of: Consideration of variance request, VAR #90-27, by Weldon Fenton, pursuant to Section 205.07.03.D.(2).(a) of the Fridley City Code, to reduce the side yard setback from 10 feet to 6 feet, to allow the enclosure of an existing porch, on Lot 2, Block 6, Rice Creek Terrace Plat 6, the same being 640 - 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. Mailed: 10/18/90 0 MAILING LIST FOR 0 VARIANCE # 90-27 640 - 67th Avenue N.E. - Weldon Fenton City Council City Manager Diane Savage Michael Jost 567 Rice Creek Terrace N.E. Fridley, MN 55432 610 - 67th Avenue N.E. Fridley, M 55432 Weldon Fenton 640 - 67th. Avenue N.E. Oscar B7erke Fridley, NN 55432' 6711 Madison Street N.E. Fridley, MN 55432 Lloyd Leslie Carrol Hauge 6720 Madison Street N.E. 645 --- 67th -Avenue N.E. Fridley, MSV 55432 Fridley, M 55432 Richard Helm Pearl Hicks 621 - 67th. Avenue N.E. 6700 Monroe Street N.E. Fridley, My 55432 Fridley, M 55432 Harley Jacobs Joseph Rickenbach 611 - 67th. Avenue N.E. 700 _. 67th Avenue N.E. Fridley, MN 55432 Fridley, MLV 55432 Ernest Harry Jeffrey Hood 650 67th Avenue N.E. 6585 Monroe Street N.E. Fridley, M 55432 Fridley, MN 55432 Leonard Shea Donald Holum 630 - 67th.Avende N.E. 6575 Monroe Street N.E. Fridley, MN 55432 Fridley, MN 55432 Edgar Streufert Louis Olsen 620 - 67th Avenue N.E. 6565 Monroe Street N.E. Fridley, MlV 55432 Fridley, MLV 55432 School District #14 6000 W. More Lake Drive Fridley, MN 55432 Dr. Lee Switzer, Principal Hayes Elementary 615 Mississippi Street N.E. Fridley, MN 55432 o COMMISSION APPLICATION REVIEW Fax NUmm F&E DATE mEum DATE FILE DESCRIPTION v_R #90-27 CITYOF 59 10/3/90 10/30/90 640 - 67th Avenue N.E.Aleldon Fenton FRIDLEY Side yard variance 10 to 6 COMPLETE REVIEW CHECKLIST AND RETURN TO PLANNING DEPT. 6��4RB D. �l�?/ COMMENTS MICHELE M. MARK W '�ply 4 -JOHN F. � 1 � ❑ DARREL C. LYDE M. �� sS � ur�,eo lam. �oP MEON M. 112-1plk -,&.0 C44% M H. /a i 1 �] BOB A. �a�c�- I�'�o 1� txll/ ova, QTY OF FJ TDLLPY� • sy 6431 MaVERSITY AVENUE i. FRMLEY, M 55432 oo�mity Deyelgvp mt Department (612) 571-3450 PROPElUY IIOMOU ON - site plan rgAred for submittals: see attached Address: & ylo — b 7 - -1 Legal description: a 1, W, Current zoning: Square footage/acreage Reason for variance and hardship: ��_� -t.) � a � Section of City Code: $QS -. 71b (Aa-) (Contract Purchasers: Fee Owners moist sign this form prior to processing NAME C Wig" ME Win PE'PITI It 3W OR1� CIN i r. n �fMi Fee: $100.00 $ 60.00 for residential properties Permit VAR # -cQ Receipt # 2,P4 //7 Application received by: OT ZW Scheduled Appeals Coumission date: Scheduled City Council date: C CITY OF P&IDLBY PLAN BLVIEf CHECILIBT Applicants for vacations must submit the legal description of the B. Site Plan: parcel (easement, street, etc.) to be vacated. Complete site plans, signed by a registered architect, civil 1. Property line dimensions, location of all existing and proposed structures with distance from boundaries, engineer, landscape architect, or other design professional, to distance between structures, building dimensions and include the following: floor elevations A. General: 2. Grading and drainage plan showing existing natural 1. Name and address of project features (topography, wetlands, vegetation, etc.) as well • as proposed grade elevations and sedimentation and storm 2. Legal description -(certificate of survey may be required) water retention ponds. Calculations for storm water detention/retention areas. 3. Name, address, and telephone number of applicant, 3. All existing and proposed points of egress/ingress engineer, and owner of record showing widths of property lines, turning radii abutting rights-of-way with indicated center line, width, paving 4. Date proposed, north arrow, scale, number of sheets, name width, existing and proposed median cuts, and inter - of drawer sections of streets and driveways 5. Description of intended use of site, buildings, and 4. Vehicular circulation system showing location and structures including type of occupancy and estimated 1 k occupancy load aisles,dimensionsfparking service roads, loading areas, re lanes, 6. Existing zoning and land use emergency access (if necessary), public and private streets, alleys, sidewalks, bikepaths, direction of 7. Tabulation box indicating: traffic flow, and traffic -control devices (i) Size of parcel in areas of eq. ft. 5. Landscaping Plan (ii) Gross floor area of buildings 6. Location, and screening detail of trash enclosures (iii) Percent of site covered by building 7. Location and screening detail of rooftop equipment (iv) Percent of site covered by impervious surface S. Building elevations from all directions • (v) Percent of site covered by area 9. Utility plan identifying size and direction of existing (vi) Projected number of employees water and sewer lines, fire hydrants, distance of hydrant to proposed building (vii) Number of seats if intended use is a restaurant or place of assembly (viii) Number of parking spaces required (ix) Number of parking spaces provided including handicapped (x) Height of all buildings and structures and number of stories • n U APPLICATION DATE weeks City of Fridley Community Development Variance Process APPEALS COMMISSION DATE weeks CITY COUNCIL DECISION CITY RECORDS ACTION AT ANOKA COUNTY S. VARIANCES A. Appeals Commission. The City Council created an Appeals Comission to serve as the ` board of appeals and adjustment, and to exercise all the authority and.perform all functions of said board pursuant to Minnesota Statute Sections 462.351 to 462.364 and operate according to the Fridley City Code. B. Petition By Owner. (1) ATeals from Decisions on CodeEnforccement: At feels time within thirty (30) days, any property aggrieved by an alleged error in any order, requirement, decision or determination made by an administrative off icer in the enforcement of this Chapter which affects the owner's property, may appeal to the Appeals Commission by filing a written appeal with the City. The appeal shall fully state the order appealed from, the facts of the matter and the mailing address of the owner. (2) Request for Varianoes from Zoning Chapter Provisions: A property owner may appeal the strict application of the provisions of this Chapter where there are practical difficulties or particular hardships preventing the strict application of the regulations of this Chapter. An application for a variance shall be filed with the City and shall state the exceptional conditions and the peculiar and practical difficulties claimed as a basis for a variance. C. Recommendations By Appeals Commission. Within thirty (30) days after filing an appeal from an. administrative order or determination, or request for variance from City Code provisions the Appeals Commission shall hold a public hearing thereon and shall hear such persons as want to be heard. Notice of such hearing shall be mailed not less than ten (10) days before the date of hearing to the person or persons who file the appeals, and to all adjacent property owners within a 200 foot distance of the requested variance location. Within a reasonable time, after the hearing, the Appeals Commission shall make its recommendations or approvals subject to conditions of the Fridley City Code and forward a copy of such recommendation or approval to the City Council through the Planning Comm fission. D. Variances In R-1 Zoning. (1) In areas zoned R-1 (One Family Dwelling District), the Appeals C udssion has the authority to grant final approval of variances when all of the following conditions are met: (a) There is unanimous agreement of the Appeals Cmmission. (b) The staff concurs with the reconvendations of the Appeals Commission. (c) The general public attending the meeting or responding to the notice of public hearing have no objection. (d) The petitioner is in agreement with the reomm endation. 0 0 2 When the above conditions are not met, the variance request must be reviewed by the Planning Commission with f inal approval by the City Council. E. Record Of Action Taken. 7be Appeals CamTdssion shall provide for a written record of its proceedings which shall include the minutes of its meeting, its findings and the recommendation or approval of each matter heard by it. The finding of fact shall contain the following: (1) The public policy which is served by requirement. (2) The practical difficulties or unique circumstance of the property that cause undue hardship in the strict application of the requirement. (3) in reomwending or approving a variance, the Commission and/or Council may impose conditions to ensure compliance and to protect adjacent properties. F. Action By Rile City Council. Rhe Council shall at its next regular meeting, after receiving the recommendation of the Appeals Commission, with a policy review by the Planning Ca:mission, decide on the action to be taken. G. Lapse Of Variance By Non-use. If work as permitted by a 'variance is not commenced within one year and completed within two years after granting of a variance, then the variance shall become null and void unless a petition for extension of time in which to oomiplete the work has been granted by the City Council. Such extension shall be requested in writing and filed with the City at least twenty (20) days before the expiration of the original variance. The request for extension shall state facts showing a good faith attempt to a mplete the work permitted in the variance. Such petition shall be presented to the appropriate body for review and/or decision. VAR #90-27 tWeldon Fenton SEC. 14THEYT. 30, R. 2 4 OFFICE_ 1N15 JRA REFERENT C/TY OF FRIDLEY *r IS ACCURUR Nr/I CORNER SEC, 14 . J "` '!' r� F$1.i `••� .nom 5 c X91 j t, :a S , t 'c � � � � ��.,++. 2 �rIV z RICA s CREEK guy TERRACE �w W.. _w I ,*-J .a• J ; �:. ,r 9 9 .F •I � , y'%' i � i_ �•` 6 ♦c Zr y, I *, •� • f .en ' a . u rk i 1 `'S� ➢ ,,. /a, f, Y' . e•3 tr •39' 7 •" 9ie� ii' _z. _e ten. �- ' PANDORA DRIVE C i.\ ,r n, �•/ J w �'^ ° n� •� .All ��1 ,� R A ty �� •� ;"j..tS.. E ' A (�a{/ 3''�� .al+ r ° . 5°a '4 �" /3� .1 .`� /i /O: 9 d Y 6 1 +? �,d •�3 J • • F� �' � J P . 2 I, ) w i• � 'nn Tri � + .. ''� .. '� r � ° �� TI p . f .nn+) %.4 u� L_ § .f � i7 -6�•� : p/ 2y 23� y I`...,S ,I qtr 9' l� �EfI o Y> ,6.,t 1✓• �. n • x 6 �. A 70 rw �I 1 M.u• 4Y. n" .i;.. i� ', �M, e 'is d°,.. B • °z ` • ' . VERTON• DRNE E � w,,/i. •;ro 5 � � i l/ � yp/9 ` l p ri2'< A f� Jw sm �, •.. I ,' s. ai .. „ .. .( s: •. r.. • Ya t(/� `f 3„ ° 11 • I ' , i � a °: , �. �/T V ,•/ I � . B '/ i 5 . z s .� KENNASTON G. 144% �\ e p Y 1 2'. ' 2 � .;;�`�� a 9� � � z s . '+'� ., � � � e � s 4 �• s s' i ^- `•: 3 � '.r•.: I�- a h! 11 r^ 9 5`. , ' M� /�¢c• 33r a „d, ,"' a r•^ !' •g .si o 2'� I r r' `�r�`'Fc _ y. �ar �• • �. .sr .�, ' ,•'.,n ✓M _, s r_,'-65@TH AVE.'►i3 • �i ,,°a•'`r Q• •'^w• "�• °a g 1°a yra5 � IYG. JZAp ♦' �, ,�f•3 �•,,•YA 0 0'y •$ a•/2 ti. 2 wl •, >•p ya 2 ' •9 2 9 y L d_ •moi 6/► ' ni3 .3�0 3a i 2 y, •�r'll° a "3 Z� 7`• Y J r�•r ', O 'r; iL Y,6 •• W,Ff gw. .o ` 3 �� wj a0 H. p a' Y r 61. jj]]; Q "/ •gi :17 4 Z•'l �9 'S Z `� ••r. •1 .. c a• . Q ie1 ' in n. � Wti. `a~ � t' 'S 'O s /1 x 3 de � ff iC �•a�3• e' a ��:�_ aha ; rod aLa gas AVE. N.E. _ ° {. * i3 •� 7 r Y •p , r Y' :f :3 .,•,,' Aftw 1 _v � •Z� 3 a• � •�•} ,0,� 9� B� 7� f 5 4 i �+� I S a 3 •:,.;. , •..�•'• I i«. -„yl J L'I F'' ENTpR r a ^• 3 PLACE 19 s • s •{ J 1 M r•3 90, •. AO�4VE. N. E. a wawFDeV Aie/Nouns. v a9 .a Q iO ,l LOT ES GNO y e o N i- a pY 5 R' 21 iro x 66TH AVE. /g ,� y? ° , s i.A�, T. _- � � 4 RIC—�a..l�— i � � ' e ig ''. TE PL zz 3x: 1 ----1 — 1 • CLOVE , j_ 6 sem:`:; P A Z r r ERC "'p' z s1 a rte, � � � R `, �.I//I %/�Q .a J.�. _ _ _ _ 1 �u•Y� ✓w. stc. F r � �17) 13 14 ROLANO Y Out. ' LOCATION MAP VAR #90-27 Weldon Fenton u1ccleC1001 CTDCCT 10E r�4 3 ` 2!O ZONING MAP 3 ���' ,ew ar .;+ n c' E e '9,t,r_sw :p ,�,, i- �;; � .v{..v,�_ is 3 �}p ,�'j,•war �c.�,e�;t .?'r, 2' s -..41° ¢ g' _;. � "7^,, '.."" .? ' S 4 Y •. � � V i« ! .. £'1��' ` q, j'.j� n' � A` F 'H^, t M� F a" a "'moi �+'�' i t � V)� �' • J J �' j.x'ri^ :: ?f• •,} � v �,'�t4•�, i 5 '� ,��;' i -r "'."�i �� U. -h}.a• +� � n. •F .4 M]INDIOINCKP� ENG1EERY► N, I.ANO 6URVQYINO mom, � Y t ,' .r 4 t '` � �: � R�. A •, ,t a �j roti r ,� ti �, �I� i��N� 5 f '�� ��` q i0 CAVIL v MUNICIPAL, 1tNOINEERINS' 6418-5GYN AVENUE' t+l. d�,i �.� c MtNNEAPOIIS .'xT MINPt. �� ' KE T- 3637 Vey G7. AVS'.. F.' 75-- k - 7 WE HEREBY CERTIFY THAT THIS IS A TRIS AMC) CORRECT REPRESENTATION OF A SURYEY OF THE BOUNDARIES OF THE LAND ABOVE DESCRIBED AND OF THE LOCATIOM OF ALL BUILDINGS, IF NMY, TREREON, ANO ALL VISIBLE ENCROACHMENTS, IF ANY, FROM OIL ON SAID LAND. MINDER ENGINEERING CO., INC. sA 7:..'✓ OATED THIS �� MY or- 1.A•HSB EP161NBEILS AND F SURvA3YOa.5 l VAR 490-27 SITE PLAN