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VAR 05-13
STATE OF MINNESOTA COUNTY OF ANOKA CITY OF FRIDLEY In the Matter of: A Variance, VAR ##05-13 Owner: John C. Beaulieu Record ID 1642167 485803.001 APPEALS COMMISSION PROCEEDINGS VARIANCE The above entitled matter came before the Appeals Commission of the City of Fridley and was heard on the 26th day of October, 2005, on a petition for a variance pursuant to the City of Fridley's Zoning Ordinance, for the following described property: To increase the encroachment of the side yard setback from 3 feet to 7 feet and to reduce the side yard setback from 5 feet to 2 feet to allow the construction of a 10 foot by 16 foot deck in the side yard, legally described as that part of Lot 7, Block 2, Brookview 2nd lying east of the west 140 feet of said lot and lying north of the south 100 feet said lot; subject to easement of record, generally located at 1060- 67th Avenue NE. IT IS ORDERED that a variance be granted as upon the following conditions or reasons: Approval with two stipulations. See Appeals Commission meeting minutes of October 26th, 2005. STATE OF MINNESOTA COUNTY OF ANOKA CITY OF FRIDLEY OFFICE OF THE CITY CLERK I, Debra A. Skogen, 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 2005. DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 Debra %. Skogen, City Cler (SEAL)• sa , a Qlove s .SFr CITY OF FRIDLEY APPEALS COMMISSION MEETING OCTOBER 26TH, 2005 CALL TO ORDER Chairperson Kuechle called the regular meeting of the Appeals Committee to order at 7:30 p.m. ROLL CALL Members Present: Larry Kuechle, Blaine Jones, and Kenneth Vos Members Absent: Brad Sieloff Others Present: Stacy Stromberg, City Planner Jaqueline Beaulieu, 1060 67th Avenue NE Grady Kinghom, Kinghom Construction Rick Strayer, Woodcrest Baptist Church APPROVE PLANNING COMMISSION MEETING MINUTES —August 10th, 2005 MOTION by Commissioner Jones, seconded by Commissioner Vos, to approve the minutes as presented. UPON A UNANIMOUS VOICE VOTE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED. PUBLIC HEARINGS 1. VARIANCE REQUEST VAR #05-13 BY JOHN BEAULIEU — Consideration of a variance to increase the encroachment of a deck into the required side yard from 3 feet to 7 feet to allow the construction of a 10 foot by 16 foot deck in MOTION by Commissioner Jones, seconded by Commissioner Vos, to open the public hearing. UPON A UNANIMOUS VOICE VOTE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 7:34 P.M. Ms. Stromberg stated that the petitioner, Mr. Beaulieu is seeking a variance to increase the encroachment of a deck into the side yard from 3 feet to 7 feet and to reduce the side yard setback from 5 feet to 2 feet to allow the construction of a 10 ft. by 16 ft. deck in the side yard of his residence. Ms. Stromberg reviewed the summary of hardship from Mr. Beaulieu stating; "I would like to build a 10 ft. by 16 ft. deck off the side of my house, which would leave 2 ft. from the property. When my house was built, the builder put in a sliding glass door on the west side of the house, which is roughly 31 inches off the ground which in my opinion October 26 2005 2of6' , provides an unsafe condition. So, for that reason, I would like to put in a deck that could be used as a way out of the house and a place to put the grill." Ms. Stromberg stated the properly is zoned R-1, Single Family as are all surrounding properties. The lot was created as a result of a lot split that was approved by the City Council in 1985. The lot split approved in 1985, took a 134 ft. by 215 ft. lot and divided it into 3 single family lots. The existing home and attached garage was constructed in 1985 and a detached shed was built in 1996. Ms. Stromberg stated City, Code requires that decks shall not encroach more that 3 feet into the required side yard setback. Code also requires a 5 foot setback between attached accessory structures and the property line. The existing home is 12 feet from the west side yard property line. The petitioner is seeking to construct a 10 ft. by 16 ft deck off the west side of the home; therefore, encroaching into the side yard setback by 7 feet and reducing the side yard setback for an attached accessory structure from 5 feet to 2 feet. Due to the configuration of the inside of the home and the existing location of the patio door, the petitioner is seeking this variance. Ms. Stromberg stated city staff has no recommendation as these variances are within previously granted dimensions. Similar variances granted include; VAR #02 - 6015 Main Street where variance was granted to increase the encroachment of a deck in the side yard from 3 feet to 7 feet and VAR #97-14 - 5555 Matterhorn Drive where the variance was granted to increase the encroachment of a deck in the side yard from 3 feet to 8 feet and a variance granted to reduce the setback of a deck in the side yard from 5 feet to 2 feet. Ms. Stromberg stated staff recommends that if the variance is granted, the following stipulations be attached. 1. Petitioner shall obtain all necessary building permits prior to construction. 2. The deck shall not be converted to an enclosed porch without the approval of a variance. Chairperson Kuechle questioned what the home owner could build if the variance was not granted. Ms. Stromberg noted that he could build a three foot deck or a two foot living addition without this variance. Commissioner Vos questioned the house to the west and the location of the garage. It does not look like a normal setback. Mr. Stromberg stated there is a 21 foot setback to the neighboring house. Commissioner Vos commented that it sounds as if the deck could fall close to the neighboring home, but this is not the case in this issue. Ms. Beaulieu (daughter of Mr. Beaulieu), representing Mr. Beaulieu, came forward to answer any questions. She stated that she has lived at 1060 67th Avenue NE as it is her fathers home. She is familiar with the property and confirmed that the patio door is not useable because of the 31 inch drop. Her father has always wanted a deck but has not October 26 2005 3 of 6 been able to build one because of the variances. She also commented that her father would be fine with the stipulations in the variance. MOTION by Commissioner Jones, seconded by Commissioner Vos, to close the public hearing. UPON A UNANIMOUS VOICE VOTE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:43 P.M. Commissioner Vos commented that he is familiar with the area and that this is a reasonable request. He is comfortable with the request and this will allow the homeowner useable space on that side of the home. Commissioner Jones agreed with Commissioner Vos that this was a reasonable request and the homeowner does not have many other options. Chairperson Kuechle conquered with Commissioner Vos and Commissioner Jones. MOTION by Commissioner Vos, seconded by Commissioner Jones, to approve Variance Request, VAR#05-13, by John Beaulieu, to increase the encroachment of the side yard from 3 feet to 7 feet and to reduce the side yard setback from 5 feet to 2 feet to allow the construction of a 10 ft. by 16 ft. deck in the side yard at 1060 6r Avenue, with the following stipulations: 1. Petitioner shall obtain all necessary building permits prior to construction. 2. The deck shall not be converted to an enclosed porch without the approval of a variance. UPON A UNANIMOUS VOICE VOTE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED 4 MOTION by Commissioner Jones, seconde y Commissioner Vos, to open the public hearing - UPON AUNANIMOUS VOICE VOTE, CHAIRPE ON KUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING ENED AT 7:45 P.M. Ms. Stromberg stated that Mr. Kinghom, representing oodcrest Baptist Church, is requesting to reduce the parking setback on the west sid of the property from 20 ft. to 2 ft. to recognize an existing non -conformity, and to reduce tN parking setback on the north side of the property from 20 ft. to 5 ft. to allow the reco traction of the parking lot at Woodcrest Baptist Church. October 26 2005 4 of 6 Ms. Stromb rg reviewed the summary of hardship from Pastor Mark Poorman stating; "As you kno when University. Avenue was extended and the walking path was installed, the church to t green space and the land that would have served as the set back area for the current arking requirements. We are asking for the variance to allow the parking to continue as t exists today, with the exception of the north lot line which we would bring back 5 fe t inside the property line. Thankfully, there is only grass extending all the way to the i tersection so there is no adverse impact at this point." Ms. Stromberg tated the property is located at 6875 University Avenue and is zoned R-3, Multi -Family. It was originally constructed in 1965. In 1974 an addition used for administration an classroom use was added. In 1985 a gymnasium was added to the south side of the cRVrch building. The existing church space combined with the gymnasium space i 23,719 square feet. Ms. Stromberg expla ned that these requests are coming to the City as a result of the church requesting a s cial use permit to allow the construction of an addition on the northwest side of the a 'sting church building. The proposed expansion will increase the building footprint by 14, 2 square feet. The proposed addition will include a main floor sanctuary with a small ba cony and lower level classroom space. The addition will also increase the size of the fo er, add an elevator, and will relocate the restrooms and nursery facilities which will rovide easier access for the congregation. Ms. Stromberg stated that VVoodcrest Baptist Church currently has approximately 400 worship members. The chur h also operates a school which provides education for children ages Kindergarten th ough 12th grade, with approximately 220 students. Ms. Stromberg stated that Ci Code requires that all parking and hard surface areas in an R-3, Multi -Family zoning dist ict be set back 20 feet from any public right-of-way. The church would have met the parki g setback on the west side of the property if the State did not acquire an additional 25'dright-of-way on University Avenue in 1964. As a result of the taking, the parking lot kn the west side of the property is set back 2 feet at the closest point from the property like. Ms. Stromberg said the petitioner is a so seeking a variance to reduce the parking setback on the north side of the prope from 20 ft. to 5 ft. The existing curb line is over the petitioner's property line, so reducin the setback from 20 ft. to 5 ft. will bring the parking lot further south than it currently is Therefore, reconstructing the parking lot 5 feet from the property line will provide a littl extra green space on the property and will ensure that the churches parking needs are eing met. Ms. Stromberg stated granting these variance should not be precedent setting for existing or future residential, commercial or indu Hal properties. This situation is unique to the property and is cleaning up a non-conformi It also helps the church meet its parking demands. Ms. Stromberg stated city staff recommends approva of these variances, as it simply recognizes an existing non -conformity, allows the propetV to meet its parking demands, and should not set a precedent for existing or future prop ies. Ms. Stromberg stated staff recommends that if the variance*7 granted, the following stipulations be attached. �NOI;A COUNTY MINNESO'T'A Document No.: 485803.001 TORRENS I hereby certify that the within instrunlent 1 unlen p a filed in this office for record on: 12/22 Fees,'Taxes In the Amount of: $46.00 MAUREEN J. DEVINE Anoka County property' Tax Administrato*Recorder !Registrar of Titles GKE, Deputy Record ID: 1642167 Am W CfiYOF FRIDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 (763) 571-3450 • FAX (763) 571-1287 • TTDfITY (763) 572-3534 APPEALS COMMISSION ACTION TAKEN NOTICE October 31, 2005 John Beaulieu 1060 -67th Avenue NE Fridley, MN 55432 Dear Mr. Beaulieu: On Wednesday, October 26, 2005, the Fridley Appeals Commission officially approved your Variance, VAR #05-13, to increase the encroachment of a deck into the side yard from 3 feet to 7 feet, and to reduce the side yard setback from 5 feet to 2 feet, legally described as that part of Lot 7, Block 2, Brookview 2"d Addition lying east of the west 140 feet of said lot & lying north of the south 100 feet of said lot; subject to easement of record, generally located at 1060 -67th Avenue NE. Approval of this variance is contingent upon the following stipulations: 1. Petitioner shall obtain all necessary building permits prior to construction. 2. The deck shall not be converted to an enclosed porch without the approval of a variance. You have one year from the date of the City Council action to initiate construction. If you cannot begin construction during this time, you must submit a letter requesting an extension at least three weeks prior to the expiration date. If you have any questions regarding the above action, please call me at 763-572-3595. Si cerely, Sta y t' omberg Planner SS/jb cc: `,Variance FIe, Stacy Stromberg Mary Hintz Please review the above, sign the statement below and return one copy to the City of Fridley Planning Department by November 14, 2005. Concur with action taken. C-05-73 CITY OF FRIDLEY APPEALS COMMISSION MEETING OCTOBER 26TH, 2005 CALL TO ORDER Chairperson Kuechle called t/regular meeting of the Appeals Committee to order at 7:30 p.m. ROLL CALL Members Present: L Kuechle, Blaine Jones, and Kenneth Vos Members Absent: grad Sieloff Others Present: Stacy Stromberg, City Planner Jaqueline Beaulieu, 1060 67th Avenue NE Grady Kinghom, Kinghom Construction Rick Strayer, Woodcrest Baptist Church —August 10th, 2005 MOTION by ommissioner Jones, seconded by Commissioner Vos, to approve the minutes as resented. UPON A U ANIMOUS VOICE VOTE, CHAIRPERSON SAVAGE DECLARED THE MOTION ARRIED. PUBLIC HEARINGS 1. VARIANCE REQUEST VAR #05-13 BY JOHN BEAULIEU —Consideration of a variance to increase the encroachment of a deck into the required side yard S MOTION by Commissioner Jones, seconded by Commissioner Vos, to open the public hearing. UPON A UNANIMOUS VOICE VOTE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 7:34 P.M. Ms. Stromberg stated that the petitioner, Mr. Beaulieu is seeking a variance to increase the encroachment of a deck into the side yard from 3 feet to 7 feet and to reduce the side yard setback from 5 feet to 2 feet to allow the construction of a 10 ft. by 16 ft. deck in the side yard of his residence. Ms. Stromberg reviewed the summary of hardship from Mr. Beaulieu stating; °I would like to build a 10 ft. by 16 ft. deck off the side of my house, which would leave 2 ft. from the property. When my house was built, the builder put in a sliding glass door on the west side of the house, which is roughly 31 inches off the ground which in my opinion October 26 2005 2 of 6 R provides an unsafe condition. So, for that reason, I would like to put in a deck that could be used as a way out of the house and a place to put the grill." Ms. Stromberg stated the property is zoned R-1, Single Family as are all surrounding properties. The lot was created as a result of a lot split that was approved by the City Council in 1985. The lot split approved in 1985, took a 134 ft. by 215 ft. lot and divided it into 3 single family lots. The existing home and attached garage was constructed in 1985 and a detached shed was built in 1996. - - - - - Ms. Stromberg stated City Code requires that decks shall not encroach more that 3 feet into the required side yard setback. Code also requires a 5 foot setback between attached accessory structures and the property line. The existing home is 12 feet from the west side yard property line. The petitioner is seeking to construct a 10 ft. by 16 ft deck off the west side of the home; therefore, encroaching into the side yard setback by 7 feet and reducing the side yard setback for an attached accessory structure from 5 feet to 2 feet. Due to the configuration of the inside of the home and the existing location of the patio door, the petitioner is seeking this variance. Ms. Stromberg stated city staff has no recommendation as these variances are within previously granted dimensions. Similar variances granted include; VAR #02 - 6015 Main Street where variance was granted to increase the encroachment of a deck in the side yard from 3 feet to 7 feet and VAR #97-14 - 5555 Matterhorn Drive where the variance was granted to increase the encroachment of a deck in the side yard from 3 feet to 8 feet and a variance granted to reduce the setback of a deck in the side yard from 5 feet to 2 feet. Ms. Stromberg stated staff recommends that if the variance is granted, the following stipulations be attached. 1. Petitioner shall obtain all necessary building permits prior to construction. 2. The deck shall not be converted to an enclosed porch without the approval of a variance. Chairperson Kuechle questioned what the home owner could build if the variance was not granted. Ms. Stromberg noted that he could build a three foot deck or a two foot living addition without this variance. Commissioner Vos questioned the house to the west and the location of the garage. It does not look like a normal setback. Mr. Stromberg stated there is a 21 foot setback to the neighboring house. Commissioner Vos commented that it sounds as if the deck could fall close to the neighboring home, but this is not the case in this issue. Ms. Beaulieu (daughter of Mr. Beaulieu), representing Mr. Beaulieu, came forward to answer any questions. She stated that she has lived at 1060 67t' Avenue NE as it is her fathers home. She is familiar with the property and confirmed that the patio door is not useable because of the 31 inch drop. Her father has always wanted a deck but has not October 26 2005 3 of 6 been able to build one because of the variances. She also commented that her father would be fine with the stipulations in the variance. MOTION by Commissioner Jones, seconded by Commissioner Vos, to close the public hearing. UPON A UNANIMOUS VOICE VOTE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:43 P.M. Commissioner Vos commented that he is familiar with the area and that this is a reasonable request. He is comfortable with the request and this will allow the homeowner useable space on that side of the home. Commissioner Jones agreed with Commissioner Vos that this was a reasonable request and the homeowner does not have many other options. Chairperson Kuechle conquered with Commissioner Vos and Commissioner Jones. MOTION by Commissioner Vos, seconded by Commissioner Jones, to approve Variance Request, VAR#05-13, by John Beaulieu, to increase the encroachment of the side yard from 3 feet to 7 feet and to reduce the side yard setback from 5 feet to 2 feet to allow the construction of a 10 ft. by 16 ft. deck in the side yard at 1060 67th Avenue, with the following stipulations: 1. Petitioner shall obtain all necessary building permits prior to construction. 2. The deck shall not be converted to an enclosed porch without the approval of a variance. UPON A UNANIMOUS VOICE VOTE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED 2. MOTION by Commissioner Jones, seconde by Commissioner Vos, to open the public hearing. UPON A UNANIMOUS VOICE VOTE, CHAIRPE SON KUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING PENED AT 7:45 P.M. Ms. Stromberg stated that Mr. Kinghorn, representing oodcrest Baptist Church, is requesting to reduce the parking setback on the west side f the property from 20 ft. to 2 ft. to recognize an existing non -conformity, and to reduce th arking setback on the north side of the property from 20 ft. to 5 ft. to allow the recons uction of the parking lot at Woodcrest Baptist Church. October 26 2005 1 4 of 6 Ms. Stromberg review d the summary of hardship from Pastor Mark Poorman stating; "As you know when Uni ersity Avenue was extended and the walking path was installed, the church lost green s ace and the land that would have served as the set back area for the current parking r quirements. We are asking for the variance to allow the parking to continue as it exists t day, with the exception of the north lot line which we would bring back 5 feet inside t e property line. Thankfully, there is only grass extending all the way to the intersectio so there is no adverse impact at this point." Ms. Stromberg stated the property is located at 6875 University Avenue and is zoned R-3, Multi -Family. It was o 'ginally constructed in 1965. In 1974 an addition used for administration and classroo use was added. In 1985 a gymnasium was added to the south side of the church builing. The existing church space combined with the gymnasium space is 23,719 quare feet. Ms. Stromberg explained than church requesting a special us northwest side of the existing c building footprint by 14,162 sqi sanctuary with a small balcony increase the size of the foyer, nursery facilities which will pro, these requests are coming to the City as a result of the permit to allow the construction of an addition on the urch building. The proposed expansion will increase the i re feet. The proposed addition will include a main floor a d lower level classroom space. The addition will also id an elevator, and will relocate the restrooms and fide easier access for the congregation. Ms. Stromberg stated that Woodcr t Baptist Church currently has approximately 400 worship members. The church also dperates a school which provides education for children ages Kindergarten through 1 th grade, with approximately 220 students. Ms. Stromberg stated that City Code rel an R-3, Multi -Family zoning district be se church would have met the parking setbZ did not acquire an additional 25' of right -c result of the taking, the parking lot on the the closest point from the property line. uires that all parking and hard surface areas in back 20 feet from any public right-of-way. The on the west side of the property if the State f- ay on University Avenue in 1964. As a we t side of the property is set back 2 feet at Ms. Stromberg said the petitioner is also seeking a variance to reduce the parking setback on the north side of the property from 20 to 5 ft. The existing curb line is over the petitioner's property line, so reducing the setba from 20 ft. to 5 ft. will bring the parking lot further south than it currently is. Therefor , reconstructing the parking lot 5 feet from the property line will provide a little extra gre space on the property and will ensure that the churches parking needs are being met. Ms. Stromberg stated granting these variances should no be precedent setting for existing or future residential, commercial or industrial prope 'es. This situation is unique to the property and is cleaning up a non -conformity. It also he s the church meet its parking demands. Ms. Stromberg stated city staff recommends approval of these va 'ances, as it simply recognizes an existing non -conformity, allows the property to meet i parking demands, and should not set a precedent for existing or future properties. Ms. Stromberg stated staff recommends that if the variances are grante\, the following stipulations be attached. \ City of Fridley Land Use Application VAR #05-13 October 26, 2005 GENERAL INFORMATION SPECIAL INFORMATION Applicant: John Beaulieu 1060 670t Avenue NE Fridley MN 55432 Requested Action: Variance increasing the encroachment of a deck into the side yard from 3 feet to 7 feet. Variance to reduce the side yard setback from 5 feet to 2 feet. Existing Zoning: R-1 (Single Family) Location: 1060 67th Avenue Size: 10,050 sq. ft. .23 acres Existing Land Use: Single Family Home. Surrounding Land Use & Zoning: N: Singe Family & R-1 E: Brookview Drive & Hwy 65 & ROW S: Single Family & R-1 W: Single Family & R-1 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Section 205.04.6.A. (3) requires decks to extend no more than three (3) feet in any required side yard. Zoning History: 1946 — Original lot is platted. 1985 — Lot created as a result of a lot split. 1985 — Home and attached garage constructed. 1996 — Shed constructed. Legal Description of Property: That part of Lot 7, Block 2, Brookview 2nd Addition lying east of the west 140 feet of said lot & lying north of the south 100 feet of said lot; subject to easement of record. Public Utilities: Home is connected. Transportation: 671h Avenue provides access to the residence. Physical Characteristics: Typical suburban lot and landscaping. SUMMARY OF PROJECT The petitioner, Mr. Beaulieu is seeking a variance to increase the encroachment of a deck into the side yard from 3 feet to 7 feet and to reduce the side yard setback from 5 feet to 2 feet to allow the construction of a 10 ft. by 16 ft. deck in the side yard of his residence. SUMMARY OF HARDSHIP "1 would like to build a 10 ft. by 16 ft. deck off the house of my house, which would leave 2 ft. from the property line. When my house was built, the builder put in a sliding glass door on the west side of the house, which is roughly 31 inches off the ground which in my opinion provides an unsafe condition. So, for that reason, 1 would like to put in a deck that could be used as a way out of the house and a place to grill." - John Beaulieu SUMMARY OF ANALYSIS City Staff has no recommendation as these variances are within previously granted dimensions. Similar variances granted: • VAR #02-10 6015 Main Street Variance granted to increase the encroachment of a deck in the side yard from 3 feet to 7 feet. • VAR #97-14 5555 Matterhorn Drive Variance granted to increase the encroachment of a deck in the side yard from 3 feet to 8 feet and a variance granted to reduce the setback of a deck in the side vard from 5 feet to 2 feet. CITY COUNCIL ACTION/ 60 DAY DATE City Council — November 7, 2005 60 Day — November 21, 2005 (Location of Proposed Deck) Staff Report Prepared by: Stacy Stromberg VAR #05-13 REQUEST Petitioner, John Beaulieu is seeking a variance to increase the encroachment of a deck into the required side yard from 3 feet to 7 feet and to reduce the side yard setback from 5 feet to 2 feet to allow the construction of a 10 foot by 16 foot deck in the side yard of his residence at 1060 67th Avenue. ANALYSIS AND CODE REQUIREMENTS The property is zoned R-1, Single Family as are all surrounding properties. The lot was created as a result of a lot split that was approved by the City Council in 1985. The lot split approved in 1985, took a 134 ft. by 215 ft. lot and divided it into 3 single family lots. The existing home and attached garage was constructed in 1985 and a detached shed was built in 1996. Existing Home and Garage City Code states that decks shall not encroach more than 3 feet into the required side yard setback. Code also requires a 5 foot setback between attached accessory structures and the property line. The existing home is 12 feet from the west side yard property line. The petitioner is seeking to construct a 10 ft. by 16 ft. deck off the west side of the home; therefore, encroaching into the side yard setback by 7 feet and reducing the side yard setback for an attached accessory structure from 5 feet to 2 feet. Due to the configuration of the inside of the home and the existing location of the patio door, the petitioner is seeking a variance to allow the construction of a deck in the side yard of the property. City staff has received no comments from neighboring property owners. Proposed deck location off the side of the home SUMMARY OF HARDSHIP `7 would like to build a 10 ft. by 16 ft. deck off the house of my house, which would leave 2 ft. from the property line. When my house was built, the builder put in a sliding glass door on the west side of the house, which is roughly 31 inches off the ground which in my opinion provides an unsafe condition. So, for that reason, I would like to put in a deck that could be used as a way out of the house and a place to grill." - John Beaulieu RECOMMENDATIONS City Staff has no recommendation as these variances are within previously granted dimensions. Similar variances granted: VAR #02-10 6015 Main Street Variance granted to increase the encroachment of a deck in the side yard from 3 feet to 7 feet. VAR #97-14 5555 Matterhorn Drive Variance granted to increase the encroachment of a deck in the side yard from 3 feet to 8 feet and a variance granted to reduce the setback of a deck in the side yard from 5 feet to 2 feet. STIPULATIONS Staff recommends that if the variance is granted, the following stipulations be attached. 1. Petitioner shall obtain all necessary building permits prior to construction. 2. The deck shall not be converted to an enclosed porch without the approval of a variance. r P I� 1 i co Q-- rlet ki vl, ` e r CANE a ASSOCIATES LAND SURVEYORS, INC. 17720 Highway 65 N. E. Soderville, Minnesota 55304 434-7646 AS -BUILT SURVEY FOR: J. A. Menkveld and Associates, Inc. DESCRIBED AS: Lot Seven (7), Block Two (2), Brookview Second, EXCEPTING the South 100 feet thereof, according to the plat thereof on file in the office of the Registrar of Titles in and for said County of Anoka, State of Minnesota. L 13 SCALE: I INCH+S_ FEET. Q DENOTES I/8 INCH IRON PIPE SET. 0 DENOTES FOUND IRON NONUMENT. BEARINGS SHOWN ARE ASSUMED. 7T1l A VE. S 88=/3-'S19'E i" i 4r- L -- r r Fewr�do�o � i� \ Q h •z /s. 3 s N 88'/6=14 'W 9 mm 0 I HEREBY CERT/FY THAT THIS SURVEY, PLAN, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY REGISTERED LAND SURVEYOR UNDER TME LAWS OF THE STATE OF MINNESOTA. ATE -M A /'6,4 - /9, / NO. IZZ5I m Fal 0 o O v I I IX 17 it -- --------- CITY OF FRIDLEY 6431 UNIVERSITY AVENUE FRIDLEY, MN 55432 (763) 572-3592 COMMUNITY DEVELOPMENT DEPARTMENT VARIANCE APPLICATION FOR: Residential Commercial/Industrial Signs RTY INFORMATION: (certj§cate of survey required for submittal, see attached) Address: 1 0 (a- 0 (® J Ul:!:�1T tok V Property Identification Number: Legal Description: Lot Block Tract/Addition Current Zoning: k Reason for Variance: Have you operated a business in a city which required a business license? Yes No � If Yes, which City? If Yes, what type of business? Was that license ever denied or revoked? Yes No NIYIVA/I\//VIV/�INIVII//Y/�/IV/YIVIVIVIVIVMIV AVN/./IVA/IV../i..I/1/IYIYNIY�V/A//YIVIVIVIV.VMIVIY/4/I\//�//�I/Y/Y/�//�/NI./1V../IYIV/Y/.//.IIV/�fAI/4/NIVI\/I.//�/I�/IYNI�/IV FEE OWNER INFORMATION (as it appears on the property title) (Contract pur s rs: Fee owpqrs must si�9n this form prior to processing.) NAME: 1 %%,) DAYTIME PHON NAME: ADDRESS: DAYTIME F IIGZ�71..9Z�1-i 1 I�fV� G SIGNATURE/DATE: SIGNATUREIDATE: Section of City Code: FEES Fee: $1,400:00 for commercial, industrial, or signs: Fee: $250.00 for residential properties: Receipt #: Application Number Scheduled Appeals Scheduled City Cou 10 Day Application I 60 Day Date: _ 6 C^ Received By: VARIANCE APPLICATION SUBMISSION CHECKLIST ' The following shall be the minimum submission requirements to the Appeals Commission. Applications will not be accepted if the following is not submitted: RESIDENTIAL: ITEM SUBMITTED RECEIVER'S COMPLETE REVIEWER'S INITIALS INITIALS Completed application, with fee (Application is considered complete if all blanks are completed, and both fee owner -and petitioner have signed.) Scaled certificate of survey, by a certified surveyor, of property showing north arrow, existing and proposed structures, lot and block number, adjacent street names, and buildings on adjacent lots within 10 feet of the common lot lines. Elevation of building and description of materials. Narrative of proposed building, and hardship statement. COMMERCIAL AND INDUSTRIAL: ITEM SUBMITTED RECEIVER'S COMPLETE REVIEWER'S INITIALS INITIALS Completed application, with fee (Application is considered complete if all blanks are completed, and both fee owner and petitioner have signed.) Scaled certificate of survey, by a certified surveyor, of property showing north arrow, existing and proposed structures, lot and block number, adjacent street names, and buildings on adjacent lots within 10 feet of the common lot lines. Elevation of building and description of materials. Landscape plan for all projects requiring a parking lot expansion of four 4 or mores aces. Grading and drainage plan. Erosion control plan. CITY OF FRIDLEY PUBLIC HEARING NOTICE BEFORE THE APPEALS COMMISSION TO: All property owners/residents within 350 feet of property generally located at 1060 -67th Avenue NE. CASE NUMBER: Variance, VAR #05-13 APPLICANT. John Beaulieu Petitioner or representative must attend the Appeals Commission meeting. PURPOSE: Petitioner is requesting to increase the encroachment of a deck into the required side yard from 3 feet to 7 feet to allow the construction of a 10 foot by 16 foot deck in the side yard. LOCATION OF 1060-67 th Avenue NE PROPERTY AND LEGAL That part of Lot 7, Block 2, Brookview 2nd lying east of the west DESCRIPTION: 140 feet of said lot and lying north of the south 100 feet of said lot; subject to easement of record. DATE AND TIME OF Appeals Commission Meeting: HEARING: Wednesday, October 26, 2005, at 7:30 p.m. The Appeals Commission Meetings are televised live the night of the meeting on Channel 17. PLACE OF Fridley Municipal Center, City Council Chambers HEARING: 6431 University Avenue N.E., Fridley, MN HOW TO 1. You may attend hearings and testify. PARTICIPATE: 2. You may send a letter before the hearing to Stacy Stromberg, Planner, at 6431 University Avenue N.E., Fridley, MN 55432 or FAX at 763-571-1287. SPECIAL Hearing impaired persons planning to attend who need an ACCOMODATIONS: Interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no later than October 20. The TDD # is 763-572-3534. ANY QUESTIONS: Contact Stacy Stromberg, Planner, at 763-573-3595. Mailed: October 14, 2005 COMMUNITY DEVELOPMENT PUBLIC HEARING NOTICE 990 f �- -- 991 68106811 ❑ 68'10 1 --r j City of Fridley CivicSight Map (0 999 6800 6801 °0 O O ('67961 Wi 6. %- ■ KI ■ MAP LEGEND: /✓ wom L WATER (FEATURE) O O O O O I — - 1 o 10767900El ISLE [:]Water PA RKS � lxe LO 6780 6670 W ' PARCELS (FEATURE) LOTIPARCEL SR ILRO m AD -ROW ,6770 �-- Variance Request ND l o l o O r- 0 0 o o 0 o %' N '� 0l0 6640 66 VAR #05-13 6630 John Beaulieu 6606 6620 I66 6565 -6600 - � '- ------ - 66 � 6610 6558 I 6553 6566 6600 -- - 65 6550L65 --- -,— 6551 6554 ;> 16550 6550 , Zit l 6542 �— --� W - �- J 6534 654 I 6542 0 6546Data _ 6 1 inch 196 feet Map Date: 10/14/2005 Date: March 2005 Sources: River's Edge GIS, LLC. � j � 6530' 6535 � �- 0 6526 � 65406540 6 r 52(8 Copyright 2004 - Rivera Edge GIS, LLC. CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 6553 OAKLEY DR NE 6551 OAKLEY DR NE 1051 67TH AVE NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 1050 68TH AVE NE 6554 BROOKVIEW DR NE 6566 BROOKVIEW DR NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 6600 BROOKVIEW DR NE 6606 BROOKVIEW DR NE 1020 68TH AVE NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 1010 68TH AVE NE 1001 67TH AVE NE 1011 67TH AVE NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 1021 67TH AVE NE 1040 67TH AVE NE 1050 67TH AVE NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 1060 67TH AVE NE 6796 BROOKVIEW DR NE 6790 BROOKVIEW DR NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 6780 BROOKVIEW DR NE 6770 BROOKVIEW DR NE 1020 67TH AVE NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 1010 67TH AVE NE 1000 67TH AVE NE 6565 OAKLEY DR NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 6670 LUCIA LN NE 6640 LUCIA LN NE 6630 LUCIA LN NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 6620 LUCIA LN NE 6600 LUCIA LN NE 6610 LUCIA LN NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 CIiYOF FRIDLEY FRIDLEY MUNICIPAL CENTER - 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 (763) 571-3450 - FAX (763) 571-1287 - TTDrM (763) 572-3534 October 3, 2005 John C. Beaulieu 1060 67th Avenue NE Fridley MN 55432 Dear Mr. Beaulieu: Per Minnesota Statute 15.99, local government units are required to notify land use applicants within 15 working days if their land use applications are complete. We officially received your application for a variance on September 23, 2005. This letter serves to inform you that your application is complete. Your Variance application hearing and discussion will take place at the City of Fridley Appeals Commission Meeting on October 26, 2005 at 7:30 P.M. in the City Council Chambers at 6431 University Avenue. If your variance application needs to be reviewed by the City Council, the meeting will be held on November 7, 2005 at 7:30 in the City Council Chambers. Please plan to attend these meetings related to your variance request. If you have any questions regarding this letter or the process, please feel free to contact me at 763-572-3595. Sincerely, Planner C-05-66 ile "Edit View":Tovls." ToiC_s 4rk Rreas°,; FVrites wep w earch Catena t Property No, In 30 24 23 0063 axat �' ffectye. Cle�'r ` Tax Year Date` As. o¢; D ate ' 10113!2005 ssmentlJate,, c L f T + A w Summary f t V sy :f.. h . ail Pro ert Nc — .� '-„-; Account T Status h,y P 13 �tl4�23 0063i�VIriY�i�Eiri�li Re I Estate nd Im e ^F =1 ,rove . ,, r 01!02119$5 Alternate Na. j Cakegoryable,Active 3Q21.3230© .. Land and Im rauemenks Locally assessed Situs Address'1ERIDLEY IN : Q5 NIT^ .5 5 h.' Legal Dem ,. THAT PRT QF LCIT 7'B LK 2`BBOO KVIEV�+ 2ND LYQ E QF,TFIE �W 140, FT Q� SID LtJT & L"(C� OF THE S 100 FT OF SD LOT: SUBJ TO EASE OF FISC Related CA: 4 c ProPertis Last Tag Year eiamen Characteristics 20Q6 5' Value Aetiwefxemptions _200G Rewarder Mkhad , ,y, . - . AlIlPart. Torrens Residentiall, Nomeste ieense No., Lot Size N70130 Serial No Commissianei DKotdiak r QW Unit r Development Review Committee Worksheet Address: 1060 — 67th Ave. Land Use Case VAR #05-13 ❑ Paul Bolin ❑ Dave Jensen ❑ Layne Otteson ❑ Grant Fernelius a," -Julie Jones ❑ Police Rep. ❑ Kevin Hanson ❑ Ron Julkowski ❑ Mary Smith ❑ Jon Haukaas ❑ Ralph Messer ❑ Stacy Stromberg ❑ Scott Hickok Planning Issues: Engineering Issues: ❑ Setbacks ❑ Drainage ❑ Lot coverage ❑ Utilities ❑ Allowable square footage ❑ Curbing requirements ❑ Height ❑ ❑ Landscape ❑ Hardship statement/narrative Fire Issues: ❑ Truck access ❑ Sprinkler requirements Building Issues: ❑ Hydrant location ❑ IBC ❑ 13 Stipulations: ^�� C 1 hn .4. 0 IAP FO Comments: lfe ,5*u>16- m val,-J- -SAIP- Name: Date: d s Development Review Committee Worksheet Address: 1060 — 67th Ave. Land Use Case VAR #05-13 ❑ Paul Bolin ❑ Dave Jensen ❑ Layne Otteson ❑ Grant Fernelius ❑ Julie Jones ❑ Police Rep. ❑ Kevin Hanson ❑ Ron Julkowski ❑ Mary Smith ❑Jon Haukaas ❑ Ralph Messer ❑ Stacy Stromberg Scott Hickok Planning Issues: Engineering Issues: ❑ Setbacks ❑ Drainage ❑ Lot coverage ❑ Utilities ❑ Allowable square footage ❑ Curbing requirements ❑ Height ❑ ❑ Landscape ❑ Hardship statement/narrative Fire Issues: ❑ Truck access ❑ Sprinkler requirements Building Issues: ❑ Hydrant location ❑ IBC ❑ Stipulations: Name: Date: �� Development Review Committee Worksheet Address: 1060 — 67th Ave. Land Use Case VAR #05-13 ❑ Paul Bolin ❑ Grant Fernelius ❑ Kevin Hanson ❑ Jon Haukaas ❑ Scott Hickok ❑ Dave Jensen ❑ Julie Jones ❑ Ron Julkowski Ralph Messer ❑ Layne Otteson ❑ Police Rep. ❑ Mary Smith ❑ Stacy Stromberg Planning Issues: Engineering Issues: ❑ Setbacks ❑ Lot coverage ❑ Allowable square footage ❑ ❑ ❑ Drainage Utilities Curbing requirements ❑ Height ❑ ❑ Landscape ❑ Hardship statement/narrative 13 Fire Issues: ❑ Truck access ❑ Sprinkler requirements Building Issues: ❑ IBC ❑ ❑ Hydrant location Nn 13 Stipulations: Comments: � Name: � Date: `7' z7 ,0 Development Review Committee Worksheet Address: 1060 — 67"' Ave. Land Use Case VAR #05-13 ❑ Paul Bolin ❑ Dave Jensen ❑ Layne Otteson ❑ Grant Fernelius ❑ Julie Jones ❑ Police Rep. ❑ Kevin Hanson ❑ Ron Julkowski ❑ Mary Smith ❑ Jon Haukaas ❑ Ralph Messer ❑ Stacy Stromberg ❑ Scott -Hickok Planning Issues: Engineering Issues: ❑ Setbacks ❑ Drainage ❑ Lot coverage ❑ Utilities ❑ Allowable square footage ❑ Curbing requirements ❑ Height ❑ ❑ Landscape ❑ Hardship statement/narrative Fire Issues: ❑ Truck access ❑ Sprinkler requirements Building Issues: ❑ Hydrant location ❑ IBC ❑ 13 Stipulations: Name:OW Date: 5 Development Review Committee Worksheet Address: 1060 — 67th Ave. Land Use Case VAR #05-13 ❑ Paul Bolin,p- A5ave Jensen ❑ Layne Otteson ❑ Grant Fernelius ❑ Julie Jones ❑ Police Rep. ❑ Kevin Hanson ❑ Ron Julkowski ❑ Mary Smith ❑ Jon Haukaas ❑ Ralph Messer ❑ Stacy Stromberg ❑ Scott Hickok Planni ssu s: ❑ , etbacks ❑ Lot coverage ❑ Allowable square footage ❑ Height ❑ Landscape ❑ Hardship statement/narrative Building Issues: ❑ IBC Stipulations: Comments: Engineering Issues: ❑ Drainage ❑ Utilities ❑ Curbing requirements Fire Issues: ❑ Truck access ❑ Sprinkler requirements ❑ Hydrant location Development Review Committee Worksheet Address: 1060 — 67"' Ave. Land Use Case VAR #05-13 Paul Bolin ❑ Dave Jensen ❑ Layne Otteson ❑ Grant Fernelius ❑ Julie Jones ❑ Police Rep. ❑ Kevin Hanson ❑ ❑ Jon. Haukaas ❑ Ron Julkowski ❑ Mary Smith Ralph Messer ❑ Stacy Stromberg ❑ Scott Hickok Planning Issues: Engineering Issues: ❑ Setbacks ❑ Drainage ❑ Lot coverage ❑ Utilities ❑ Allowable square footage ❑ Curbing requirements ❑ Height ❑ ❑ Landscape ❑ Hardship statement/narrative Fire Issues: ❑ Truck access ❑ Sprinkler requirements Building Issues: ❑ Hydrant location ❑ IBC ❑ Stipulations: -7-:c Comments: Development Review Committee Worksheet Address: 1060 — 67th Ave. Land Use Case VAR #05-13 ❑ Paul Bolin ❑ Dave Jensen ❑ Layne Otteson ❑ Grant Fernelius ulie Jones ❑ Police Rep. ❑ Kevin Hanson Ron J-ulkowski ❑ Mary Smith ❑ Jon Haukaas ❑ Ralph Messer ❑ Stacy Stromberg ❑ Scott Hickok Planning Issues: Engineering Issues: ❑ Setbacks ❑ Drainage ❑ Lot coverage ❑ Utilities ❑ Allowable square footage ❑ Curbing requirements ❑ Height ❑ ❑ Landscape ❑ Hardship statement/narrative Fire Issues: ❑ Truck access ❑ Sprinkler requirements Building Issues: ❑ Hydrant location ❑ I L� ❑ Stipulations: Comments: Name: Development Review Committee Worksheet Address: 1060 - 67th Ave. Land Use Case VAR #05-13 ❑ Paul Bolin ❑ Grant Fernelius o Kevin Hanson ❑ Jon Haukaas ❑ Scott Hickok ❑ Dave Jensen ❑ Julie Jones ❑ Ron Julkowski ❑ Ralph Messer Planning Issues: ❑ Setbacks ❑ Lot coverage ❑ Allowable square footage ❑ Height o Landscape ❑ Hardship statement/narrative 13 Building Issues: ❑ IBC Stipulations: Comments: ❑ Layne Otteson o Police Rep. Mary Smith o Stacy Stromberg Engineering Issues: o Drainage ❑ Utilities ❑ Curbing requirements Fire Issues: ❑ Truck access ❑ Sprinkler requirements ❑ Hydrant location Name • '� Date: %- CENOF FRIDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 (763) 571-3450 • FAX (763) 571-1287 • TTD/TTY (763) 572-3534 APPEALS COMMISSION ACTION TAKEN NOTICE October 31, 2005 John Beaulieu 1060 -67th Avenue NE Fridley, MN 55432 Dear Mr. Beaulieu: On Wednesday, October 26, 2005, the Fridley Appeals Commission officially approved your Variance, VAR #05-13, to increase the encroachment of a deck into the side yard from 3 feet to 7 feet, and to reduce the side yard setback from 5 feet to 2 feet, legally described as that part of Lot 7, Block 2, Brookview 2nd Addition lying east of the west 140 feet of said lot & lying north of the south 100 feet of said lot; subject to easement of record, generally located at 1060 -67th Avenue NE. Approval of this variance is contingent upon the following stipulations: 1. Petitioner shall obtain all necessary building permits prior to construction. 2. The deck shall not be converted to an enclosed porch without the approval of a variance. You have one year from the date of the City Council action to initiate construction. If you cannot begin construction during this time, you must submit a letter requesting an extension at least three weeks prior to the expiration date. If you have any questions regarding the above action, please call me at 763-572-3595. Si cerely, Sta y t' mberg Planner SS/jb cc: Variance_ File Stacy Stromberg [_Mary Hintz_ _ -- Please review the above, sign the statement below and return one copy to the City of Fridley Planning Department by November 14, 2005. Concur with action taken. C-05-73 City of Fridley Land Use Application VAR #05-13 October 26, 2005 GENERAL INFORMATION SPECIAL INFORMATION Applicant: John Beaulieu 1060 6r Avenue NE Fridley MN 55432 Requested Action: Variance increasing the encroachment of a deck into the side yard from 3 feet to 7 feet. Variance to reduce the side yard setback from 5 feet to 2 feet. Existing Zoning: R-1 (Single Family) Location: 1060 67th Avenue Size: 10,050 sq. ft. .23 acres Existing Land Use: Single Family Home. Surrounding Land Use & Zoning: N: Singe Family & R-1 E: Brookview Drive & Hwy 65 & ROW S: Single Family & R-1 W: Single Family & R-1 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Section 205.04.6.A. (3) requires decks to extend no more than three (3) feet in any required side yard. Zoning History: 1946 — Original lot is platted. 1985 — Lot created as a result of a lot split. 1985 — Home and attached garage constructed. 1996 — Shed constructed. Legal Description of Property: That part of Lot 7, Block 2, Brookview 2"d Addition lying east of the west 140 feet of said lot & lying north of the south 100 feet of said lot; subject to easement of record. Public Utilities: Home is connected. Transportation: 67th Avenue provides access to the residence. Physical Characteristics: Typical suburban lot and landscaping. SUMMARY OF PROJECT The petitioner, Mr. Beaulieu is seeKing a variance to increase the encroachment of a deck into the side yard from 3 feet to 7 feet and to reduce the side yard setback from 5 feet to 2 feet to allow the construction of a 10 ft. by 16 ft. deck in the side yard of his residence. SUMMARY OF HARDSHIP "1 would like to build a 10 ft. by 16 ft. deck off the dee of my house, which would leave 2 ft. from the property line. When my house was built, the builder put in a sliding glass door on the west side of the house, which is roughly 31 inches off the ground which in my opinion provides an unsafe condition. So, for that reason, 1 would like to put in a deck that could be used as a way out of the house and a place to grill." - John Beaulieu SUMMARY OF ANALYSIS City Staff has no recommendation as these variances are within previously granted dimensions. Similar variances granted: • VAR #02-10 6015 Main Street Variance granted to increase the encroachment of a deck in the side yard from 3 feet to 7 feet. • VAR #97-14 5555 Matterhorn Drive Variance granted to increase the encroachment of a deck in the side yard from 3 feet to 8 feet and a variance granted to reduce the setback of a deck in the side vard from 5 feet to 2 feet. CITY COUNCIL ACTION/ 60 DAY DATE City Council — November 7, 2005 (Location of Proposed Deck) Staff Report Prepared by: Stacy Stromberg VAR #05-13 REQUEST Petitioner, John Beaulieu is seeking a variance to increase the encroachment of a deck into the required side yard from 3 feet to 7 feet and to reduce the side yard setback from 5 feet to 2 feet to allow the construction of a 10 foot by 16 foot deck'in the side yard of his residence at 1060 67t' Avenue. ANALYSIS AND CODE REQUIREMENTS The property is zoned R-1, Single Family as are all surrounding properties. The lot was created as a result of a lot split that was approved by the City Council in 1985. The lot split approved in 1985, took a 134 ft. by 215 ft. lot and divided it into 3 single family lots. The existing home and attached garage was constructed in 1985 and a detached shed was built in 1996. Existing Home and Garage City Code states that decks shall not encroach more than 3 feet into the required side yard setback. Code also requires a 5 foot setback between attached accessory structures and the property line. The existing home is 12 feet from the west side yard property line. The petitioner is seeking to construct a 10 ft. by 16 ft. deck off the west side of the home; therefore, encroaching into the side yard setback by 7 feet and reducing the side yard setback for an attached accessory structure from 5 feet to 2 feet. Due to the configuration of the inside of the home and the existing location of the patio door, the petitioner is seeking a variance to allow the construction of a deck in the side yard of the property. City staff has received no comments from neighboring property owners. Proposed deck location off the side of the home SUMMARY OF HARDSHIP "7 would like to build a 10 ft. by 16 ft. deck off the house of my house, which would leave 2 ft. from the property line. When my house was built, the builder put in a sliding glass door on the west side of the house, which is roughly 31 inches off the ground which in my opinion provides an unsafe condition. So, for that reason, I would like to put in a deck that could be used as a way out of the house and a place to grill." -John Beaulieu RECOMMENDATIONS City Staff has no recommendation as these variances are within previously granted dimensions. Similar variances granted: VAR #02-10 6015 Main Street Variance granted to increase the encroachment of a deck in the side yard from 3 feet to 7 feet. VAR #97-14 5555 Matterhorn Drive Variance granted to increase the encroachment of a deck in the side yard from 3 feet to 8 feet and a variance granted to reduce the setback of a deck in the side yard from 5 feet to 2 feet. STIPULATIONS Staff recommends that if the variance is granted, the following stipulations be attached. 1. Petitioner shall obtain all necessary building permits prior to construction. 2. The deck shall not be converted to an enclosed porch without the approval of a variance. k � Q -- I a -L^- l (-o k ^ <l A. its L $1 c cA—d it 1, boild �.rr-ynl C-2 1-7retrs e) c/ big -j VT 67-7 %'X CAINE a ASSOCIATES LAND SURVEYORS, INC. /7720 Highway 65 N. E. Sodervi//e, Minnesota 55304 434-7646 AS -BUILT SURVEY FOR: J. A. Menkveld and Associates, Inc. DESCRIBED AS: Lot Seven (7), Block Two (2), Brookview Second, EXCEPTING the South 100 feet thereof, according to the plat thereof on file in the office of the Registrar of Titles in and for said County of Anoka, State of Minnesota. 13 13 r 3i I s O - Ih �o I� ON ? I a O� I I I� I. S SCALE: / INCH- So FEET. o DENOTES //z INCH IRON PIPE SET. 0 DEMOTES FOUND IRON MONUNENr, BEARINGS SNOWS ARE ASSUMED. a 7TH AVE. NE. 7 L? .� z 3 A/83? /G= /G "W 0 o 0 0 I / HEREBY CERTIFY YNAr rHIS SURVEY, PLAN, OR REPORT WAS PREPARED SY ME OR UNDER MY DmECr SUPERVISION AND THAT / AN A DULY REG/SrERED LAND SURVEYOR UNDER rHE LAWS OF 7NE STATE OF MINNESOTA. rA'rE 'Wl a ra/+ - /8 / 9kS REG. No. /2251 CITY OF FRIDLEY 6431 UNIVERSITY AVENUE FRIDLEY, MN 55432 (763) 572-3592 COMMUNITY DEVELOPMENT DEPARTMENT VARIANCE APPLICATION FOR: Residential CommerciallIndustrial Signs PROPERTY INFORMATION: (cert pate of survey required for submittal, see attached) Address: i t) (a 5 7o I _A -L%17 Ay- Property Identification Number: Legal Description: Lot Block Tract/Addition Current Zoning: k Reason for Variance: Have you operated a business in a city which required a business license? Yes No � If Yes, which City? If Yes, what type of business? IWas that license ever denied or revoked? Yes No FEE OWNER INFORMATION (as it appears on the property title) (Contract pur s rs: Fee ow rs must sign this form prior to processing.) NAME: 62� L- i AIAj .I I F,Lk-- ADDRESS:_ DAYTIME PHON —1-2")2 SIGNATUREIDATE: AIA/A/AIAIA/AIA/AIA/I�•AIA/AIAIAIAIAIA/AIAIA/IVNNMIV.Y1/�IIV/r1/./I�IIV/V�.INIVIVM../I./NAI/YMIV/VIV/�/I�/IVIS/IV/VM/�/IrA/Nw/MIVIVIVI.II.IIVIVI./M•V /V/./�/IYIV PETITIONER INFORMA NAME: V�-� ADDRESS: DAYTIME PHONE: --9A-' SIGNATURE/DATE: Section of City Code: FEES Fee: $1,400:00 for commercial, industrial, or signs: Fee: $250.00 for residential properties: Receipt #: Application Number: 14b 1,-; Scheduled Appeals Commission Date: 10- 6S Scheduled City Council Date: I I- - 10 Day Application Complete Notification Date: 60 Day Date: 1[-- Qt- 0 S Received By: CITY OF FRIDLEY PUBLIC HEARING NOTICE BEFORE THE APPEALS COMMISSION TO: All property owners/residents within 350 feet of property generally located at 1060 -67th Avenue NE. CASE NUMBER: Variance, VAR #05-13 APPLICANT. John Beaulieu Petitioner or representative must attend the Appeals Commission meeting. PURPOSE: Petitioner is requesting to increase the encroachment of a deck into the required side yard from 3 feet to 7 feet to allow the construction of a 10 foot by 16 foot deck in the side yard. LOCATION OF 1060-67 Avenue NE PROPERTY AND LEGAL That part of Lot 7, Block 2, Brookview 2"d lying east of the west DESCRIPTION: 140 feet of said lot and lying north of the south 100 feet of said lot; subject to easement of record. DATE AND TIME OF Appeals Commission Meeting: HEARING: Wednesday, October 26, 2005, at 7:30 p.m. The Appeals Commission Meetings are televised live the night of the meeting on Channel 17. PLACE OF Fridley Municipal Center, City Council Chambers HEARING: 6431 University Avenue N.E., Fridley, MN HOW TO 1. You may attend hearings and testify. PARTICIPATE: 2. You may send a letter before the hearing to Stacy Stromberg, Planner, at 6431 University Avenue N.E., Fridley, MN 55432 or FAX at 763-571-1287. SPECIAL Hearing impaired persons planning to attend who need an ACCOMODATIONS: Interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no later than October 20. The TDD # is 763-572-3534. ANY QUESTIONS: Contact Stacy Stromberg, Planner, at 763-573-3595. Mailed: October 14, 2005 990 (.0CD rn rn COMMUNITY DEVELOPMENT PUBLIC HEARING NOTICE 991 168101-16J6811 ' 6810 999 6800 a618W6800 C, CIO O 105 6796 a' (� ! �- - 167900 CF) o N c) 6780 m O O O ( 16770 l oho o O I O O LID c-- N ct C:) olo�ojo i 6606 6565 6558 6553 6550 ��---- -- 6542 }I 6551 Uj 6534 �J I65471 �6530 6535 6600 I � 6566 W 6554 ; 6542 O 6526 � U') _ M �mj �i 6670 me 6630 . r - 6620 6610 6600 .6550 6550 I 6546 I "50 6540 M m Lf City of Fridley CivicSight Map MAP LEGEND: � Lmurs i WATER (FEATURE) ISLE ❑ Water ❑ PARKS PARCELS (FEATURE) Bn LOTIPARCEL H ROW PUBLIC SCHOOL F] RAUOAD Variance Request VAR #05-13 John Beaulieu 1 inch = 196 feet Map Date: 10/14/2005 Data Date: March 2005 Sources: River's Edge GIS, L.L.C. CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 6553 OAKLEY DR NE 6551 OAKLEY DR NE 1051 67TH AVE NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 1050 68TH AVE NE 6554 BROOKVIEW DR NE 6566 BROOKVIEW DR NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 6600 BROOKVIEW DR NE 6606 BROOKVIEW DR NE 1020 68TH AVE NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 1010 68TH AVE NE 1001 67TH AVE NE 1011 67TH AVE NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 1021 67TH AVE NE 1040 67TH AVE NE 1050 67TH AVE NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 1060 67TH AVE NE 6796 BROOKVIEW DR NE 6790 BROOKVIEW DR NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 6780 BROOKVIEW DR NE 6770 BROOKVIEW DR NE 1020 67TH AVE NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 1010 67TH AVE NE 1000 67TH AVE NE 6565 OAKLEY DR NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 6670 LUCIA LN NE 6640 LUCIA LN NE 6630 LUCIA LN NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 6620 LUCIA LN NE 6600 LUCIA LN NE 6610 LUCIA LN NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 CINOF FRIDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 (763) 571-3450 • FAX (763) 571-1287 • 'ITDPITY (763) 572-3534 October 3, 2005 John C. Beaulieu 1060.67th Avenue NE Fridley MN 55432 Dear Mr. Beaulieu: Per Minnesota Statute 15.99, local government units are required to notify land use applicants within 15 working days if their land use applications are complete. We officially received your application for a variance on September 23, 2005. This letter serves to inform you that your application is complete. Your Variance application hearing and discussion will take place at the City of Fridley Appeals Commission Meeting on October 26, 2005 at 7:30 P.M. in the City Council Chambers at 6431 University Avenue. If your variance application needs to be reviewed by the City Council, the meeting will be held on November 7, 2005 at 7:30 in the City Council Chambers. Please plan to attend these meetings related to your variance request. If you have any questions regarding this letter or the process, please feel free to contact me at 763-572-3595. Rinrerely. C-05-66