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