VAR 91-260 0 961,302
STATE OF MINNESOTA APPEALS COMMISSION PROCEEDINGS
COUNTY OF ANOKA
CITY OF FRIDLEY
In the Matter of a variance,V-" #31-26
v VARIANCE
Thomas Brickner; Brickner Builders , Owner
The above entitled matter came before the Appeals Commission of the City of
Fridley and was heard on the 3rd day of September , 19-21-1
on a petition for a variance pursuant to the City of Fridley's Zoning
Ordinance, for the following described property:
To reduce the required side yard setback from 5 feet to 4.37 feet to correct
an existing encroachment, to allow the construction of a garage on Lot 3,
Block 1, Michael Servetus Second Addition, the same being 1000 - 67th Avenue
N.E.
IT IS ORDERED that a variance be granted as upon the following conditions or
reasons:
One stipulation. See Appeals Commission meeting minutes of September 3, 1991.
STATE OF MINNESOTA )
COUNTY OF ANOKA ) OFFICE OF THE CITY CLERK
CITY OF FRIDLEY )
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
Fridley, 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. H PALA, CITY ERK�`,
Variances are valid for a period of one year following approval
considered void if not -used within that period.
' ( SEAL,) °�. '
CITY OF FRIDLEY
APPEALS COMMISSION MEETING, SEPTEMBER 3, 1991
CALL TO ORDER:
Chairperson Savage called the September 3, 1991 ommission meeting
to order at 7:30 p.m.
ROLL CALL:
Members Present: Diane Savage, ry Kuechle, Ken Vos,
Cathy Smith
Members Absent: Carol
Others Present: Miche McPherson, Planning Assistant
Ric Brickner, Brickner Builders
R' hard Niznik, 1000 - 67th Avenue N.E.
ohn Saccoman, 7616 Douglas Drive North
Richard Peterson, 7939 East River Road
APPROVAL OF UGUST 20 1991, APPEAIS COMMISSION MINUTES:
MOTION Mr. Kuechle, seconded by Ms. Smith, to approve the August
20, 1 1, Appeals Commission minutes as written.
A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE
IN CARRIED UNANIMOUSLY.
1. CONSIDERATION OF VARIANCE REOUEST. VAR #91
Per Section 205.07.03.D.(2).(b) of the Fridley City Code, to
reduce the required side yard setback from 5 feet to 4.37 feet
to correct an existing encroachment, to allow the construction
of a garage on Lot 3, Block 1, Michael Servetus Second
Addition, the same being 1000 - 67th Avenue N.E.
MOTION 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 AND THE PUBLIC HEARING OPEN AT 7:32 P.M.
Ms. McPherson stated the property is located in the Michael
Servetus Second Addition south of 67th Avenue and west of Highway
65. The Michael Servetus Unitarian Church is located southeast of
the property, and Meadowlands Park is located to the west. The
APPEALS COMMISSION MEETING. SEPTEMBER 3, 1991 PAGE 2 -�
property is zoned R-1, Single Family Dwelling, as are all the
surrounding parcels.
Ms. McPherson stated the variance request is to correct an existing
encroachment of 4.37 feet at the most and 4.7 feet at the least for
the single family dwelling recently constructed by the petitioner.
The Building Department requires a certified survey once all single
family dwelling units have been completed. After the certified
survey was completed for this parcel, the encroachment was
discovered and the petitioner then applied for a variance to
correct the encroachment.
Ms. McPherson stated the City Building Department receives building
applications for construction of all residential and commercial
buildings. At the time the petitioner submitted the original
building plan for this home, it did show a 5 foot setback as
required by the City Code from the side property line to the
garage. However, once a building has been staked for the initial
footing inspection, it is not the responsibility of the Building
Inspector to determine if the location is correct. When the
Building Inspector did determine that an encroachment did exist and
the petitioner applied for a building permit for the house to the
east of the subject parcel, the Building Inspector required that
the 10 foot minimum setback be maintained between structures.
Ms. McPherson stated that in order to correct the encroachment,
the petitioner would have to reconstruct the east wall of the �-
garage. As the encroachment is relatively minor and the intent of
the Code has been maintained by requiring the adjacent garage to
be 10 feet from the subject garage, staff recommends that the
Appeals Commission approve the variance request with the following
stipulation:
1. The property owner shall sign and record against the
property a hold harmless agreement releasing the City
from liability if damages to the garage occur should .work
be completed within the easement area.
Mr. Rick Brickner, Brickner Builders, stated they made a mistake,
but it was not done .intentionally. They had plenty of room to
maintain the 5 foot setback. He stated that there is 8 feet
between the garage to the east and the side property line, so there
is over 12 feet between the two garages.
MOTION by Ms. Smith, seconded by Dr. Vos, to close the public
hearing.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:45 P.M.
Mr. Kuechle stated this is a fairly simple variance request, and
he would be inclined to vote in favor of it. However, he is a
APPEALS COMMISSION MEETING. SEPTEMBER 3. 1991 PAGE 3
little concerned about making it too easy every time a,contractor
makes a little mistake. Brickner Builders has been around a long
time, and they should not be making these kinds of mistakes. In
this case, the mistake is minor, and because the contractor owned
the property on the east side, they were able to locate the house
and garage so there is the required space between structures.
Ms. Smith stated the variance is for 7 inches. The spirit of the
Code is being met because there will still be adequate space
between structures, and it would be a hardship to require the
contractor to pare off 7 inches of the garage.
Dr. Vos stated there appears to be plenty of room between the two
garages.
Ms. Savage stated she agreed with the comments already made.
NOTION by Dr. Vos, seconded by Mr. Kuechle, to approve variance
request, VAR #91-26, by Brickner Builders, per Section
205.07.03.D.(2).(b) of the Fridley City Code, to reduce the
required side yard setback from 5 feet to 4.37 feet to correct an
existing encroachment, to allow the construction of a garage on
Lot 3, Block 1, Michael Servetus Second Addition, the same being
1000 -67th Avenue N.E., with the following stipulation:
-I. — -The -property- —o er`shall sign and record against the >
property a hold harmless agreement ---releasing the City
from liability, if damages to the garage --occur should
work be completed within the easement area. 1
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE
MOTION CARRIED UNANIMOUSLY.
2.
SACCOMAN•
Per Section 205.08.01.B.(4).(a) iof the Fridl City Code, to
increase the maximum allowable sare foot a of a garage from
1,000 square feet to 1,035 squarfeet d which also exceeds
the square footage of the first f or area of the dwelling
unit, on Lots 16 and 17, Bloc 9, Hamilton's Addition to
Mechanicsville, the same bei 451-453 - 54th Avenue N.E.
MOTION by Mr. Kuechle,
hearing.
by Dr. Vos, to open the public
UPON A VOICE VOTE, VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE
MOTION CARRIED THE PUBLIC HEARING OPEN AT 7:48 P.M.
Ms. McPhers stated the property is located at the intersection
of whatould be 6th Street and 54th Avenue. At this location,
6th eet has been vacated. To the west of the property is a
ce tery. The property is zoned R-3, General Multiple Family
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City of Fridley
6431 University Ave NE
Fridley Mn 55432
Community Development
CIlYOF
FRIDLEY
FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY. MN 55432 • (612) 571-3450 • FAX (612) 571-1287
APPEALS COMMISSION
ACTION TAKEN NOTICE
Tom Brickner
Brickner Builders
6240 Highway 65 N.E.
Fridley, MN 55432
Dear Mr. Brickner:
September 4, 1991
On September 3, 1991, the Fridley Appeals Commission approved your
request for a variance, VAR #91-26, to reduce the required side
yard setback from 5 feet to 4.37 feet, to correct an existing
encroachment to allow the construction of a garage on Lot 3, Block
1, Michael Servetus Second Addition, the same being 1000 - 67th
Avenue N.E., with the following stipulation:
1. The property owner shall sign and record against the
property a hold harmless agreement releasing the City
from liability if damages to the garage occur, should
work be completed within the easement area parallel to
the east property line.
If you have any questions regarding the above action, please call
the Planning Department at 571-3450.
Sincerely,
Michele McPherson
Planninq 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 September 16, 1991.
COMMISSION APPLICATION REVIEW
Appeals
FLE MmBM Fa.e nxm ampTum n&vc FILE DESCRIPTION VAR #91-26
CITYOF 42 8/6/91 9/3/91 1000 - 67th Avenue NE
FMDLEY setback
COMPLETE REVIEW CHECKLIST AND RETURN TO PLANNING DEPT.
ARB D COMMENTS
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STAFF REPORT
APPEALS DATE September 3, 1991
CITYOF PLANNING COMMISSION DATE
FROLLY CITY COUNCIL DATE AUTHOR �mr/ls
REQUEST
PERMIT NUMBER
APPLICANT
PROPOSED REQUEST
LOCATION
SITE DATA
SIZE
DENSITY
PRESENT ZONING
ADJACENT LAND USES
& ZONING
UTILITIES
PARK DEDICATION
ANALYSIS
FINANCIAL IMPLICATIONS
CONFORMANCE TO
COMPREHENSIVE PLAN
COMPATIBILITY WITH
ADJACENT USES & ZONING
ENVIRONMENTAL
CONSIDERATIONS
STAFF RECOMMENDATION
APPEALS RECOMMENDATION
PLANNING COMMISSION
RECOMMENDATION
VAR #91-26
Tom Brickner
To reduce the required side yard setback fran 5 feet
to 4.37 feet
1000 - 67th Avenue N.E.
9,197.91 sq. ft.; 19.230 lot coverage
R-1, Single Family Dwelling
R-1, Single Family Dwelling, to the N, S, & E; Meadowlands
Park to the W
Approval
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Staff Report
VAR #91-26, 1000 - 67th Avenue N.E.
Page 2
A. STATED HARDSHIP:
"Too close to east line."
B. ADMINISTRATIVE STAFF REVIEW:
Request
•
The petitioner requests that a variance be granted to reduce
the required side yard setback from 5 feet to 4.37 feet to
correct an existing encroachment on Lot 3, Block, 1, Michael
Servetus Addition, Plat #2, the same being 1000 - 67th Avenue
N.E.
Site
Located on the property is a single family dwelling unit with
an attached two -car garage. The property is zoned R-1, Single
Family Dwelling, as are the adjacent properties to the north,
south, and east. Meadowlands Park is located to the west.
The Michael Servetus Unitarian Church is located south of the
property.
Analysis
Section 205.07.03.D.(2).(b) requires a side yard setback of
5 feet between an attached accessory building and a side
property line.
Public purpose served by this requirement is to provide space
between individual structures to reduce the possibility of
fire, to provide access to the rear yard for emergencies, and
to limit the condition of crowding in the residential
neighborhood.
The Building Department requires that a certified survey be
submitted once all single family dwelling units are completed.
Once the certified survey had been completed and submitted,
it revealed that the subject garage encroached into the
required side yard setback by .63 feet. The petitioner has
applied for a variance to correct the encroachment.
The City Building Inspection Department receives permit
applications for new construction of residential dwelling
units. The builder submitted a site plan which showed that
the garage was to be located 5 feet from the east property
line (see attached plot plan). Once the building permit has
been issued, the builder is responsible for staking the
Staff Report
VAR #91-26, 1000 - 67th Avenue N.E.
Page 3
location of the house on the property. The Building Inspector
inspects the footings and attempts to determine if the
location of the footings is within the code requirement. The
Inspector, however, is not required to certify that the
location is correct. This is the responsibility of the
builder.
A new house is being constructed on the adjacent lot to the
west. The Building Inspector required that this house be
located in such a way as to maintain the minimum required 10
foot setback between the structures.
As the encroachment is also into a drainage and utility
easement, a hold harmless agreement should be signed by the
property owner indicating that the City is not liable for any
damage incurred should work be required within the easement
area.
In order to correct the encroachment, the east wall of the
garage would have to be reconstructed out of the setback and
easement area. As the encroachment is minor and the intent
of the Code is maintained by adequate separation between the
garage and the adjoining property, staff recommends that the
variance be granted.
Recommendation
Staff recommends that the Appeals Commission approve variance
request, VAR #91-26, with the following stipulation:
1. The property owner shall sign and record against the
property a hold harmless agreement releasing the
City from liability, if damages to the garage occur
should work be completed within the easement area.
SITE PLAN
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CITY OF MUMMY 0 • `a'
6431 UNIVERSITY AVENUE N.E.
FRI]MEEY, MN 55432 Ccanamity Develo z=t DWartment
(612) 571-3450
VARIIMME APPLICEMN FOM
PROPERTY site plan regiired for submittals; see attached
Address:
Legal description:
Lot Block / Tract/Addition�i C,/Y,4 C ( - e�e<7il
Current zoning: ` / Square footage/acreage
Reason for variance and hardship: - :S 0 C, -10 S' E Tjf (J j % /'✓
section of City Code: 1,0�0-1. D 77 _bA60)
60)
FEE OMM TICK 4.rt 'S'� elAC Aro&JA�bl
(Contract Purchasers: Fee Owners mist sign this form prior to Processing)
NAME y .
ADDRESS_ & ® ® 7 -/'6 0VPf�
r,P u MIV 6-6-z/3 nAYT S 7�1-
SzczNA2vRE p�,
PETiTza�R IN�RN@,TION
NAME , % C� /�✓�� G 4
ADDRESS -,Viv y % J ti -/ 'fl `lee
999 nAvME PHONE f V 7/
SIGNAMM D=
Fee: $100.00
$ 60.00 &01) for residential properties
Permit VAR # 9 / - Receipt # O
Application received by:
Scheduled Appeals Commission date:
Scheduled City Council date:
CITY OF FRIDLEY PLAN REVIEW CHECKLIST
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:
1. 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 occupancy and estimated
occupancy load
6. Existing zoning and land use
7. Tabulation box indicating:
(i) Size of parcel in sq. 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 green 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
floor elevations
2. Grading and drainage plan showing existing natural
features (topography, wetlands, vegetation, etc.) as well
as proposed grade elevations and sedimentation and storm
water retention ponds. Calculations for storm water
detention/retention areas.
3. All existing and proposed points of egress/ingress
showing widths of property lines, turning radii abutting
rights-of-way with indicated center line, paving width,
existing and proposed median cuts, and intersections 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, bike paths, direction of
traffic flow, and traffic -control devices
5. Landscaping Plan
6. Location, access, and screening detail of trash
enclosures
7. Location and screening detail of rooftop equipment
8. 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
•
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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, September 3,
1991, at 7:30 p.m. for the purpose of:
Consideration of variance request, VAR #91-26,
by Brickner Builders:
Per Section 205.07.03.D. (2) . (b) of the Fridley
City Code, to reduce the required side yard
setback from 5 feet to 4.37 feet to correct an
existing encroachment, to allow the
construction of a garage on Lot 3, Block 1,
Michael Servetus Second Addition, the same
being 1000 - 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.
Brickner Builders
6240 Highway 65 NE #107
Fridley, MlV 55432
Richard and June Niznik
1000 - 67th.Avenue N.E.
Fridley, MLS 55432
•VAR #91-26
1000 67TH AVENUE N.E.
Peter Vagovich
6600 Brookniew Drive
Fridley, MLS 55432
Gwen Vierkant
1040 - 67th Avenue N.E.
Fridley, MLS 55432
Michael Servetus Unitarian Ray*rond Gerrety
Society 1051 - 67th Avenue N.E.
7170 RiverviEw Terrace N.E. Fridley, MN' 55432
Fridley, MLV 55432
Michael Servetus Unitarian
Society
6565 Oakley Drive
Fridley, MN 55432
Douglas Haugland
1021 - 67th Avenue N.E.
Fridley, MLV 55432
Andrew Perci.c
1020 - 68th Avenue N.E.
Fridley, MLV 55432
Ardell Marcus
1010 68th Avenue N.E.
Fridley, MLV 55432
Francis Nash
1000 - 68th Avenue. N.E.
Fridley, Ie4 55432
Kenneth. Vos
990 68th Avenue N.E.
Fridley, MN 55432
Orville Jacobson
6606 Brookview Drive
Fridley, MST 55432
Diane Savage
567 Rice Creek Terrace
Fridley, MLV 55432
City Manager
city council
0 Mailed: 8/23/91
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Lot 3, Block 1, MICHAEL SMATIS 2ND ADDITION
The only easements shown are from plats of record or Information provided by
client
We hereby certify that this Is a true and correct representation of a survey of the
boundaries of the above described land and the location of all buildings and vis-
ible encroachments, if any, from or on said land.
-Surveyed by us this 28th day of January 19 91
Signed
51
A. Preach, Minn. Reg. No. 6743
BRICKNAR BUILDERS
,9
T SURVEYS COMPANY, INC. I BOND No5
. 2852
F. LAND SURVEYORS SCALE I" 20'
0 — DENOTES IRON
REGISTERED UNDER LAWS OF STATE OF MINNESOTA
7601.73rd Avenue North 560.3093
Minneapolis, Minnesota 55425
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b7TM 6VENUE NE
Top of Block - 07O. -Z
Lowest Footing - 94 S- bi
G7YOF
FRIDLEY
FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY. MN 55432 • (612) 571-3450 • FAX (612) 571-1287
December 4, 1991
Richard and June Niznik
1000 - 67th Avenue N.E.
Fridley, MN 55432
Dear Mr. and Mrs. Niznik:
Enclosed please find two copies of a hold harmless agreement which
will complete the stipulation placed on your variance request, VAR
C1-26, which was approved by the Appeals Commission on September
3 1991. Please sign both copies and return them to my office.
Once the City Manager has signed the agreement, I will return one
executed copy to you and the City will record the other at Anoka
County.
If you have any questions or concerns regarding the agreement,
please contact me at 572-3593. Feel free to have your legal
counsel review the agreement as well.
Sincerely,
Michele McPherson, BLA
Planning Assistant
MM/dn
C-91-384
AGREEMENT
THIS AGREEMENT dated , 1991, is by and
between the City of Fridley (hereinafter referred to as the
"City"), and Richard M. Niznik and June A. Niznik (hereinafter
referred to as the "Owners").
WHEREAS, the Owners have constructed a house on a lot within
the City, legally described as Lot 3, Block 1, Michael Servetus
2nd Addition, Anoka County, Minnesota, which did not meet the
city's setback requirement, and
WHEREAS, the City has agreed to allow a variance in the side
yard setback requirements from 5 feet to 4.37 feet on the above-
described lot and allow an encroachment onto the easement
identified upon the plat.
NOW, THEREFORE, in consideration of the granting of the
variance, Richard M. Niznik and June A. Niznik, their heirs,
successors and assigns hereby covenant and agree to hold the City
harmless for any damage to the property by reason of the exercise
of any easement rights contained on the plat of the property, and
further agree to reimburse the City for any costs incurred in
defending against claims for damages.
CITY OF FRIDLEY
By:
.William W. Burns
Its City Manager
Richard M. Niznik
June A. Niznik