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VAR 90-19• 0 820942 V'` STATE OF MINNESOTA CITY COUNCIL PROCEEDINGS COUNTY OF ANOKA CITY OF FRIDLEY In the Matter of a variance. M-490-19 VARIANCE Dareld Dean Nelson , Owner The above entitled matter came before the City Council of the City of Fridley and was heard on the 27th day of August , 1990 on a petition for a variance pursuant to the City of Fridley's Zoning Ordinance, for the following described property: To reduce the setback on the street side of a corner lot from 17.5 feet to 10 feet, to allow the expansion of an existing garage, an the west 67 feet of Lot 20, Auditor's Subdivision No. 129, the sane being 1365 - 73rd Avenue N.E. IT IS ORDERED that a variance be granted as upon the following conditions or reasons: See City Council meeting minutes of August 27, 1990. 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 a/t the City of Fildley, Mi nesota, int e County of Anoka on the _Lto "�` day of 19.1 DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 SHIRLEY A. MUPALA, eITY CLERK_ Variances are valid for a period of one year following approval ",�h�Yl°n,®� considered void if not used within that period. (SEAL) , '.1 I.7 _, FRIDLEY CITY COUNCIL MEETING OF AUGUST 27, 1990 PAGE 5 Councilwoman Jorgenson felt that this issue can be dealt with at staff level. Mr. Boswell felt that 35 to 40 minutes a week has to bqKspent to review what has transpired, but it certainly does not ave to be done at the Council meetings. NEW BUSINESS: 1. 11 m n Ms. Dacy, Planning Coordinator, state that the yard waste site has been open since the end of March, a in.August, the City reached the limit for the yard waste seas . She stated that there are several months remaining in the y d waste season, and the City is near their projected budget amo is for transferring yard waste, as well as for monitoring the site. Ms. Dacy stated that in orde to implement a gate fee at the yard waste site, this ordinance endment is necessary. She stated that this proposed ordinance w ld establish a gate fee of $3.00 per trip, and the per trip v lume would be ten bags of bagged yard waste, or in the case of loose load, one trailer or pick-up truck bed. She stated that his proposed ordinance was reviewed by the Environmental Quality and Energy Commission and recommended for approval. MOTION by Councilm Schneider to waive the reading and approve the ordinance upon f st reading. Seconded by Councilman Fitzpatrick. Upon a voice vo e, all voting aye, Mayor Nee declared the motion carried unanim sly. 2. A. SPECIAL USE PERMIT. SY WVU— Ms. acy, Planning Coordinator, stated that this special use permit is o allow the reconstruction of a porch addition which lies in Flood Fringe District. She stated that the Planning Commission commended approval of this special use permit; however, they anted the Department of Natural Resources to determine if it would FRIDLEY CITY COUNCIL MEETING OF AUGUST 27, 1990 PAGE 6 be acceptable if the porch was located at the elevation of the existing living space which is six inches above the park elevation of 821.94. Ms. Dacy stated that a site inspection with . Hovey of the Department of Natural Resources was cZoe d the conclusion was if the petitioner constructed an t porch, he could raise it six inches.to the. existing leome and would not have to raise it an additional 1-1/2 ated, however, if the petitioner constructs a larger pld have to go to the 823.5 elevation. She stated oner has advised he would construct an 11 by 18 fo porch. Ms. Dacy stated that if the ecial use permit is approved, it is recommended the stipulat n for a hold harmless agreement be included in the approva . MOTION by Councilm Fitzpatrick to grant special use permit, SP #90-13 to reconst ct a porch with the same dimensions of it by 18 feet and at th evel of the floor of the existing home, with the following st ulation: (1) the property owner shall execute a hold harmless a eement to be recorded with the title of the property. Seconded y Councilman Schneider. Upon a voice vote, all voting aye, M or Nee declared the motion carried unanimously. °Council received the minutes of the Planning Commission meeting August 8, 1990. 3. RECEIVE AN ITEM FROM THE MINUTES OF THE APPEALS COMMISSION MEETING OF AUGUST 7. 1990: A. VARIANCE REQUEST. VAR #90-19, BY DARELD DEAN NELSON, TO REDUCE THE SETBACK ON THE STREET SIDE OF A CORNER LOT FROM 17.5 FEET TO 10 FEET TO ALLOW THE EXPANSION OF AN EXISTING GARAGE, ON THE WEST 67 FEET OF LOT 20, AUDITOR'S SUBDIVISION #129. THE SAME BEING 1365 - 73RD AVENUE N.E.: Ms. Dacy, Planning Coordinator, stated that this is a variance request to reduce the setback on the street side of a corner lot from 17.5 to 10 feet to allow the expansion of an existing garage. She stated that staff's recommendation was for denial of the variance as an alternative was identified for a separate detached garage to the rear of the property. She stated that obviously this would be more costly for the petitioner. Ms. Dacy stated that the Appeals Commission recommended approval of this variance as they felt the primary purpose of the 17.5 foot setback was to preserve sight lines, for traffic safety and, because none of the surrounding homes would be affected, they felt the variance would not be contrary to the ordinance, C FRIDLEY CITY COUNCIL MEETING OF AUGUST 27, 1990 PAGE 7 MOTION by Councilman Schneider to concur with the Appeals Commission and grant variance request, VAR #90-19 to reduce the setback on the street side of a corner Iot from 17.5 feet to 10 feet. Seconded by Councilwoman Jorgenson. Councilman Billings asked about the hardship on this piece of property. Councilman Schneider felt that, from a practical standpoint, the variance was appropriate as there would not be a problem with the sight lines, and a car is now being parked at this location. Mayor Nee stated that, as reflected in the minutes, if another garage was constructed, the use of the existing garage may be a problem. UPON A VOICE VOTE TARN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 3.5. Ms. Dacy, Planning Coordinator, stated that several months a the Council approved the Northco Second Addition plat, and th owners are now taking four originally platted lots and creatin two lots by adjusting the lot lines. She stated that a p is hearing should be set for September 17, 1990 regarding this eplat. MOTION by Councilman Billings to set the publ hearing for the replat in Northco Addition for September 17, 1990. Seconded by Councilman Fitzpatrick. Upon a voice vote, 11 voting aye, Mayor Nee declared the motion carried unanimous 4. APPROVAL OF EAST RIVER ROAD OSBO E ROAD COST INCREASE• Mr. Flora, Public Works DiXated ated that in November, 1985, the Council passed a resoluing the preliminary plans for the County's improvement phe intersection of East River Road and Osborne Road. Het this project was identified within the City as ST 19 -4. i iorders atedithe n the resolution for the preliminary.plans, uestCounty include a bikeway/walkway on Osborne e ofocking paving stones within the median, and ra rossing panels at the Burlington Northern a s.ated the County indicated that they did not ake anges to the preliminary plans as this was a fundeect, and any changes would require a , losunds, and delay of the project. Mr. Flora it greed the County would proceed with the ojectincorporate the desired additional items as rs toontract. • 0 FRIDLEY CITY COUNCIL MEETING OF AUGUST 27, 1990 PAGE 8 Mr. Flora stated that on March 15, 1988, the City entered i o a Joint Powers Agreement with the Anoka County Highway Depa ent for the improvement of the intersection and, at that time, it was estimated the City's portion of the project would unt to approximately $94,456.13, based on the original prelimin plans. He stated that the City has received the final ill which identified a cost of $130,314.46. He stated that this is an increase of $35,858.33 from the original estimate an includes the additions of the bikeway/walkway on Osborne Road, r brick in the medians, railroad crossing panels and construction of the Talmadge Way and 75th Way cul-de-sacs. He stated that n preparing the assessment rolls, $90,305.60 has been identifie as the assessable amount, leaving a balance of $40,008.86 to be unded through MSAS funds. Mr. Flora stated that he would recommend th Council approve these additional costs associated with the impr ements. MOTION by Councilman Fitzpatrick to Joint Powers Agreement with the Ani for an additional $35,858.33 for a t the improvements under the County's City's project No. ST 1988-4. Seco Upon a voice vote, all voting ay , carried unanimously. 5. au orize an increase to the 5k County Highway Department o al amount of $130,314.46 for project SP 02-608-07 or the led by Councilwoman Jorgenson. Mayor Nee declared the motion Mr. Pribyl, Finance Dire , stated that in conformance with the City Charter, the 1991 prel ' urinary draft budget is submitted to the Council. He stated that this preliminary budget reflects a 3.5 percent increase over th 1990 budget. Mr. Pribyl stated that t is recommended the Council set the public hearing for the 1991 udget for November 19 and November 26 as the reconvening date, i one is needed. Mr. Pribyl state that resolutions have also been prepared for adoption of the roposed budget, the proposed tax levy, and they are included a separate items on this agenda.. MOTION byCo Gilman Schneider to receive the City Manager's 1991 preliminary draft budget. Seconded by Councilman Fitzpatrick. Upon a vol a vote, all voting aye, Mayor Nee declared the motion carried animously. MOTION y Councilman Schneider to set the public hearing on the 1991 udget for November 19, 1990 and the reconvening date, if nece sary, for November 26, 1990. Seconded by Councilman Billings. Upo a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 920942 fl 1 WRCE STATE OF Mlaaffk COUPdT6r OF =M I hereby eerdfy fkat the wima hfu. Y+'a8 4yeG irl this office for Pecord on the JAN 2 2 1991 /Q o'ct �.. and was duly recorded a SHIRLEY A. HAAPALA FRIDLEY CITY CLERK 6421 UNIVERSITY AVE NE FRIDLEY MN 55432 Ld CIiYOF FRIDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 • (612) 571-3450 • FAX (612) 571-1287 CITY COUNCIL ACTION TAKEN NOTICE Darelri Dean Nelson 1365 - 73rd Avenue N.E. Fridley, MN 55432 Dear Mr. Nelson: August 28, 1990 On August 27, 1990, the Fridley City Council officially approved your request for a variance, VAR #90-19, to reduce the setback on the street side of a corner lot from 17.5 feet to 10 feet, to allow the expansion of an existing garage, on the west 67 feet of Lot 20, Auditor's Subdivision No. 129, the same being 1365 - 73rd Avenue N.E. If you have any questions regarding the above action, please call the Planning Department at 571-3450. Sierel , Ba ara Dacy Planning Coordinator ED; do Please review the noted stipulations, sign the statement below and return one copy to the City of Fridley Planning Department by September 10, 1990 r—lj ,..o azo — Concur with action taken. 1. FRIDLEY CITY COUNCIL MEETING OF AUGUST 27. 1990 PAGE _5 Councilwoman Jorgenson felt that this issue can be dealt with at staff level. Mr. Boswell felt that 35 to 40 minutes a week has to be snt to review what has transpired, but it certainly doesZFRIDLEY e to be done at the Council meetings. NEW BUSINESS: 1. FIRST READING OF AN ORDINANCE RECODIFYING CITY 1 r%^T.T.LVf-'TT^M11 QV XnnTATf%__ QT.nTTf%V 9912 AI•. llvw n wxarri. TDxW01 VD if PROVISIONS AND FEES, SECTION 11.10: Ms. Dacy, Planning Coordinator, stated t at the yard waste site has been open since the end of March, and n August, the City reached the limit for the yard waste season She stated that there are several months remaining in the yar waste season, and the City is near their projected budget amoun s for transferring yard waste, as well as for monitoring the si . Ms. Dacy stated that in order o implement a gate fee at the yard waste site, this ordinance ame dment is necessary. She stated that this proposed ordinance wou d establish a gate fee of $3.00 per trip, and the per trip vo a would be ten bags of bagged yard waste, or in the case of a oose load, one trailer or pick-up truck bed. She stated that t s proposed ordinance was reviewed by the Environmental Quality and Energy Commission and recommended for approval. MOTION by Councilman/Schneider to waive the reading and approve the ordinance upon fir,reading. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimou lv. 2. A. Ms. cy, Planning Coordinator, stated that this special use permit is o allow the reconstruction of a porch addition which lies in th,d Flood Fringe District. She stated that the Planning Commission r commended approval of this special use permit; however, they anted the Department of Natural Resources to determine if it would FRIDLEY CITY COUNCIL MEETING OF AUGUST 27, 1990 PAGE 6 be acceptable if the porch was located at the elevation of the existing living space which is six inches above the park elevation of 821.94. Ms. Dacy stated that a site inspection with Mr. Homey of the Department of Natural Resources was conducted, andtfie conclusion was if the petitioner constructed an 11 by 18 foot porch, he could raise it six inches to the existing level of the home and would not have to raise it an additional 1-1/2 feet. She stated, however, if the petitioner constructs a larger porch..,%"he would have to go to the 823.5 elevation. She stated that -the petitioner has advised he would construct an 11 by 18 foot�pbrch. Ms. Dacy stated that if the spe '"al use permit is approved, it is recommended the stipulation for a hold harmless agreement be included in the approval., MOTION by Councilman',Fitzpatrick to grant special use permit, SP #90-13 to reconst a porch with the same dimensions of 11 by 18 feet and at the vel of the floor of the existing home, with the following sti ation: (1) the property owner shall execute a hold harmless ag, ement to be recorded with the title of the property. Seconded Councilman Schneider. Upon a voice vote, all voting aye, M or Nee declared the motion carried unanimously. Council received the minutes of the Planning Commission meeting August 8, 1990. 3. RECEIVE AN ITEM FROM THE MINUTES OF THE APPEALS COMMISSION MEETING OF AUGUST 7. 1990: A. VARIANCE REQUEST, VAR #90-19, BY DARELD DEAN NELSON. TO REDUCE THE SETBACK ON THE STREET SIDE OF A CORNER LOT FROM 17.5 FEET TO 10 FEET, TO ALLOW THE EXPANSION OF AN EXISTING GARAGE, ON THE WEST 67 FEET OF LOT 20, AUDITOR'S SUBDIVISION #129. THE SAME BEING 1365 - 73RD AVENUE N.E.: Ms. Dacy, Planning Coordinator, stated that this is a variance request to reduce the setback on the street side of a corner lot from 17.5 to 10 feet to allow the expansion of an existing garage. She stated that staff's recommendation was for denial of the variance as an alternative was identified for a separate detached garage to the rear of the property. She stated that obviously this would be more costly for the petitioner. Ms. Dacy stated that the Appeals Commission recommended approval of this variance as they felt the primary purpose of the 17.5 foot setback was to preserve sight lines, for traffic safety and, because none of the surrounding homes would be affected, they felt the variance would not be contrary to the ordinance. ri FRIDLEY CITY COUNCIL MEETING OF AUGUST 27 1990 PAGE 7 MOTION by Councilman Schneider to concur with the Appeals Commission and grant variance request, VAR #90-19 to reduce the setback on the street side of a corner lot from 17.5 feet to 10 feet. Seconded by Councilwoman Jorgenson. Councilman Billings asked about the hardship on this piece of property. Councilman Schneider felt that, from a practical standpoint, the variance was appropriate as there would not be a problem with the sight lines, and a car is now being parked at this location. Mayor Nee stated that, as reflected in the minutes, if another garage was constructed, the use of the existing garage may be a problem. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 3.5. SETTING A PUBLIC HEARTMa FnR A PRPTAM Tu mu'P wnvmur+n XT1T1tTTTAwT. Ms. Dacy, Planning Coordinator, stated that several s ago the Council approved the Northco Second Additionplat, and the owners are now taking four originally platted to and creating two lots by adjusting the lot lines. She s ed that a public hearing should be set for September 17_,_IWO regarding this replat. MOTION by Councilman Aivkllngs to set the public hearing for the replat in Northco dition for September 17, 1990. Seconded by Councilman Fatrick. Upon a voice vote, all voting aye, Mayor Nee decl the motion carried unanimously. Mr. Flora, Public Works Director, stated that in ovember, 1985, the Council passed a resolution approving the p iminary plans for the County's improvement project at the int section of East River Road and Osborne Road. He stated that t 's project was identified within the City as ST 1988-4. Mr. Flora stated that in the re ution for the preliminary plans, the City requested the Count include a bikeway/walkway on Osborne Road, the use of interloc 'ng paving stones within the median, and rubberized railroad c sing panels at the Burlington Northern Railroad tracks. He tated the County indicated that they did not desire to make an changes to the preliminary plans as this was a federally fun project, and any changes would require a resubmittal, oss of funds, and delay of the project. Mr. Flora stated t it was agreed the County would proceed with the origin project, and incorporate the desired additional items as chan orders to the contract. FRIDLEY CITY COUNCIL MEETING OF AUGUST 27, 1990 PAGE 8 Mr. Flora stated that on March 15, 1988, the City entered into a Joint Powers Agreement with the Anoka County Highway Department for the improvement of the intersection and, at that time, it was estimated the City's portion of the project would .,/amount to approximately $94,456.13, based on the original prelinary plans. He stated that the City has received the finaX bill which identified a cost of $130,314.46. He stated that this is an increase of $35,858.33 from the original estimate and includes the additions of the bikeway/walkway on Osborne Roadjred brick in the medians, railroad crossing panels and construction of the Talmadge Way and 75th Way cul-de-sacs. He stated't in preparing the assessment rolls, $90,305.60 has been identi 'ed as the assessable amount, leaving a balance of $40,008.86 to/ a funded through MSAS funds. Mr. Flora stated that he would recommetrp/t-ovements. hat Council approve these additional costs associated with the MOTION by Councilman Fitzpatrick Joint Powers Agreement with the for an additional $35,858.33 for the improvements under the Count City's project No. ST 1988-4. S� Upon a voice vote, all voting y carried unanimously. 5. to /authorize an increase to the oka County Highway Department .;total amount of $130,314.46 for F's project SP 02-608-07 or the onded by Councilwoman Jorgenson. , Mayor Nee declared the motion Mr. Pribyl, Finance Dire or, stated that in conformance with the City Charter, the 1991 p eliminary draft budget is submitted to the Council. He stated t t this preliminary budget reflects a 3.5 percent increase over/the 1990 budget. Mr. Pribyl stated t t it is recommended the Council set the public hearing for the 19 budget for November 19 and November 26 as the reconvening date, if one is needed. Mr. Pribyl sta ed that resolutions have also been prepared for adoption of proposed budget, the proposed tax levy, and they are included s separate items on this agenda. MOTION by 96uncilman Schneider to receive the City Manager's 1991 prelimina draft budget. Seconded by Councilman Fitzpatrick. Upon a v ice vote, all voting aye, Mayor Nee declared the motion carried nanimously. MOTIO by Councilman Schneider to set the public hearing on the 199 budget for November 19, 1990 and the reconvening date, if ne ssary, for November 26, 1990. Seconded by Councilman Billings. U n a voice vote, all voting aye, Mayor Nee declared the motion ied unanimously. ® 0 3A e STAFF REPORT APPEALS DATE August 7, 1990 CITY OF PLANNING COMMISSION DATE FRIDLEY CRY COUNCIL DATE August 27, 1990 AUTHOR MM/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 #90-19 Dareld Dean Nelson To reduce the side yard setback on the street side of a corner lot from 17.5 feet to 10 feet 1365 - 73rd Avenue N.E. 10, 731 sq. ft. R-2, Two Family Duelling R-2, Two Family Dwelling, to E, N, & W; NI -2, Heavy Industrial, to the S Yes Yes Denial • Staff Report VAR #90-19, 1365 - 73rd Avenue N.E. Page 2 A. PUBLIC PURPOSE SERVED BY REQUIREMENT: 0 3B Section 205.07.03.D.(2).(a).((I)) requires a side yard setback on a street side of a corner lot to be not less than 17.5 feet. Public purpose served by this requirement is to maintain a higher degree of traffic visibility and to reduce the "line of sight" encroachment into the neighbor's front yard. B. STATED HARDSHIP: "Extending present garage must be practical. Back yard has existing fence, high grade above street, overhead powerline, powerpak, and close trees interfere." C. ADMINISTRATIVE STAFF REVIEW: Request The petitioner is requesting that a variance be granted to reduce the side yard setback on the street side of a corner lot from 17.5 feet to 10 feet in order to expand an existing single car garage to a two car garage. The request is for the west 67 feet of Lot 20, Auditor's Subdivision #129, the same being 1363 - 73rd Avenue N.E. Site A single family dwelling unit with an attached single car garage is located on the parcel. The parcel is zoned R-2, Single Family Dwelling, as are the parcels to the east, north, and west; M-2, Heavy Industrial zoning, is to the south. Analysis The petitioner is requesting the variance in order to expand the existing single car garage to a two car garage and utilize the existing driveway and curb cuts. If the dwelling unit was located on an interior lot, the petitioner would be allowed to expand the garage up to three feet from the side lot line, as is outlined in Section 205.04.05.B.(2).(a) of the Fridley Zoning Code with the two conditions also outlined under that section of the Code. However, since this is a corner lot, the petitioner must maintain a 17.5 feet setback from the property line. Evert Court was constructed in 1978 in such a manner as to allow the existing structure to meet the 17.5 foot setback requirement. In fact, during the plat process, about 8 feet was added to the petitioner's lot in order to meet the 17.5 foot setback requirement. 9 Staff Report VAR #90-19, 1365 - 73rd Avenue N.E. Page 3 • 3C The petitioner's lot is approximately 10,000 sq. ft., with a rear yard of 89.7 feet. The petitioner has adequate space to construct a detached garage at the rear of the lot facing Evert Court. The existing garage could remain or the petitioner could convert it to living space. The property slopes from the flat portion of the rear yard to Evert Court; however, this could be overcome by the use of retaining walls along the driveway cut to the garage. Recommendation Since the petitioner has adequate space to construct a garage on the rear of the lot, staff recommends that the Appeals Commission recommend denial of the request to the City Council. 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 a second alternative which would allow him to meet code. 'w COIV�IILIN[TY DEVELCOMENT � DEPARTMENT unoF FFUaLY MEMORANDUM DATE: August 21, 1990 TO: William Burns, City Manager. FROM: Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Variance Request, VAR #90-19, by Dareld Dean Nelson Attached is the staff report for the above variance request. The Appeals Commission voted unanimously to recommend approval of the request to the City Council. As the petitioner has a second alternative which meets code, staff recommends that the City Council deny the variance request. MM:ls M-90-556 KI 0 3D APPEALS COMMISSION MEETING, AUGUST 7. 1990 PAGE 3 t surrounding property or impact the public safety. Further, the pets 'oner would incur additional expenses and it could result in an un ual architectural appearance. Because the amount of correct i is minor, it may be more practical to grant the variance than to rec struct the house. Staff therefore recommends approval of the varian as requested. Mr. Bodinski atte ed the meeting, but had no additional comments. MOTION by Mr. Johnson, econded by Ms. Smith, to close the public hearing. UPON A VOICE VOTE, ALL VOTIN YE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY AND PIIBLIC HEARING CLOSED AT 8:38 P.M. Commission members had no further co is regarding the request. MOTION by Mr. Johnson, seconded by Ms. Smi , to approve Variance Request, VAR #90-16, to correct the existing nconformance to the City Code, on Lot 3, Block 1, Oliver Olson Addit n, the same being 110 - 64 1/2 Way N.E., Fridley, Minnesota, 55432. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE CLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Dacy stated that the variance was now considered approved 'nce there were no objections from the neighborhood and the Commiss' n agrees with the staff recommendation. 3. CONSIDERATION OF VARIANCE REQUEST. VAR #90-19. BY DARELD DEAN NELSON: Pursuant to Section 205.07.03.D.(2).(c).((1)) of the Fridley City Code, to reduce the setback on the street side of a corner lot from 17.5 feet to 10 feet, to allow the expansion of an existing garage, on the west 67 feet of Lot 20, Auditor's Subdivision #129, the same being 1365 - 73rd Avenue N.E., Fridley, Minnesota, 55432. MOTION by Ms. Smith, seconded by Mr. Johnson, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PIIBLIC HEARING OPEN AT 7:40 P.M. Ms. McPherson stated the property is located at the intersection of Evert Court and 73rd Avenue. The property is zoned R-2, Two Family Dwelling. Property to the east, north and west are also zoned R-2, and to the south, M-2, Heavy Industrial. Ms. McPherson stated the petitioner is requesting a variance to expand an exiting single garage to a two -car garage and utilize the existing driveway and curb cuts. If the petitioner's lot had been 0 0 3E PPEALS COMMISSION MEETING, AUGUST 7. 1990PAGE 4 an interior lot, the Code allows a garage to be expanded to within 3 feet of the lot line. However, this is a corner lot and the 17.5 foot setback from the property line needs to be maintained. Ms. McPherson stated Evert Court was constructed by the City in 1978 after the house was already existing. The City then provided for the house to meet the 17.5 foot setback requirement. In reviewing the plat, approximately 8 feet was added to the lot to meet the setback requirement. The lot is approximately 10,000 sq. ft. with an approximate rear yard of 89.7 feet. The petitioner does have the alternative to construct a detached garage in the rear yard facing Evert Court. There is a slope and it could be adjusted for a driveway cut for access. Because there is an alternative which meets the Code requirements, staff is recommending the commission deny the variance request. OTION by Mr. Johnson, seconded by Ms. Smith, to accept the two handouts as provided by the petitioner. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Nelson stated he understands there is the possibility of putting a garage in the rear yard; however, he would like to convert the existing single car garage into a double garage. Staff has stated in the report that the existing garage could be made into living space. The current garage was designed as a garage and, when built, an interior entrance to the house was not constructed. The existing house is a 4 -bedroom house and they do not need additional living space. The structure would remain as a garage. Building in the rear yard would require a change in landscape. If the garage were built in the back, they could not use the existing driveway and curb cut and they would have to make a significant cut in the embankment for an entrance from Evert Court. A tree would need to be cut down along the fence line and a power pole. is close to where the entrance would have to be. This would also mean additional cost. Since receiving this recommendation, Mr. Nelson did some checking on the cost and found it would be approximately 2 1/2 times more expensive. Regarding the current use of the area, there is an existing chain link fence that is visually in line with where the addition would be so there would be some conformity with existing appearance. A second car currently sits on the area of the driveway where the proposed driveway would be. Going back to the original ordinance, the Public Purpose served by the requirement, the purpose of the ordinance was to maintain high traffic visibility. Mr. Nelson stated that the addition to the garage would not incur traffic visibility limitations. A car currently sits where the garage would be. He was not clear on the line of site into the neighbors yard. From his visualization, he could not see where it encroaches on the line of site nor is a hindrance because of a 39 foot setback from the curb. Evert Court is a cul de sac. In his drawing of 0 0 3F PPEALB_COMMISSION _MEETING, AUGUST 7, 1990 _ PAGE 5 the area, adding 10 feet on the garage would not hinder the line of site, be a traffic interference, aethestic interference, or block the view. Mr. Nelson asked the commission to reverse the staff's decision. He understands that there is an alternative and that it could be done, but a practical solution is to add on to the existing structure and make it a two -car garage. Ms. Savage asked staff to explain "line of site" and how it applies to this area. Ms. Dacy stated the concept of line of site is to make sure not only from a traffic standpoint but also an aesthetic standpoint for the construction of buildings. Granted, in this particular application, the line of site is not as large of an issue. The issue we address is; "is there is a way to meet the ordinance?". It is up to the Appeals Commission and the City Council to decide if it is justifiable in terms of a hardship. Mr. Johnson asked if the neighbors.had voiced any objections. Mr. Nelson stated they did not. He provided drawings of the house to show the existing structure and what it would look like with a two -car garage. There is currently no interior entrance into the house and with the current garage there is not sufficient room. With the addition, there may be room for an interior entrance at some point in the future. Ms. Savage stated that, beside the fact that it is more practical to add on, the Commission is not to consider the economic hardship as a factor. The petitioner would have to take down a tree, remove part of the fence, and build a retaining wall. Mr. Nelson stated the retaining wall would be approximately 3 to 3 1/2 feet high. Ms. Savage asked what the petitioner would do if the variance was denied. Mr. Nelson stated he would maintain the existing garage as is and put a double car garage in the rear using it for the car that is used the least and for additional storage. MOTION by Ms. Smith, seconded by Mr. Johnson, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE# CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 8:00 P.M. 9 0 3G PPEALS COMMISSION MEETING. AUGUST 7. 1990_ _ PAGE 6 Mr. Johnson asked, if a two -car garage were built in the rear yard, is there a limit placed on the amount of square footage. Ms. McPherson stated the Code allows up to 1400 sq. ft. for accessory buildings, which could include an attached garage, a detached garage, or detached yard sheds, etc. Mr. Johnson asked if the existing garage would be counted in the total square footage. Ms. McPherson stated that the existing garage would be included in figuring the total square feet. Ms. Smith stated adding a second structure would make no sense. There is not an easy spot to put a garage in the back. It would be expensive, costly and take away from the look of the area by putting an out building in the backyard. She could not see why they would want to put a free standing structure in the back yard. Ms. Savage felt this was a close issue. If the Commission is going to be strict with the code, you do have an alternative and she agreed with what Commissioner Smith said. She looked at the property and did not think it would visually detract from the neighborhood because of the particular location being on a cul de sac. The spirit of the code would be met with an addition, There would still be traffic visibility and she didn't think there would be encroachment on the line of site. She would have to agree that an additional garage in the back does not quite fit. She was disturbed about having to take down a large tree. Ms. Smith stated she did not understand why someone would build a four-bedroom house with a single garage. Ms. Savage stated, that given the circumstances, she would vote to accept the variance. Ms. Smith felt that the finished product of expanding the current garage would make more sense. It does not make sense to have another out building on the property. Mr. Johnson stated the question is the hardship question. He could see some hardship because of the radical change in the backyard. The property has commercial on one side and multiple family around it. It is unique in that respect. He agreed that it makes sense to add on rather to go through all that for an out building, and the petitioner would not be gaining an interior entrance. MOTION by Ms. Smith, seconded by Mr. Johnson, to approve Variance Request, VAR #90-19, to allow the expansion of an existing garage, on the west 67 feet of Lot 20, Auditor's Subdivision #129, the same being 1365 - 73rd Avenue N.E., Fridley, Minnesota, 55432. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 4 1 0 • APPEALS COMMISSION MEETING, AUGUST 7, 1990 PAGE 7 Ms. Dacy stated this item goes to the City Council on August 27, 1990. CONSIDERATION OF VARIANCE REQUEST. VAR #90-17. BY JOEL AND MARILYN GERDEEN: Pursuant to Section 205.07.03.A of the Fridley City Code to reduce the lot area from 9,000 square feet to 8,835 square feet; B. 11rsuant to Section 205.07.03.0 of the Fridley City Code t increase the lot coverage from 25% to 26.5%; C. Pur ant to Section 205.07.03.D.(1) of the Fridley City Code reduce the front yard setback from 35 feet to 21 feet; To allow the c struction of additional living space on Lot 2, Block 2, Al se Addition, the same being 6240 Alden Way N.E., Fridley, Mi esota, 55432. Ms. Savage stated this itwas tabled until the meeting of August 21, 1990. Mr. Harris asked how far aw from the property does the City notify of a variance request. Ms. McPherson stated all persons are notified. 5. ROOFING. INC.: thin 200 feet of the property A. Pursuant to Section 205.18.03.A othe Fridley City Code, to reduce the required lot area fr one and one-half (1 1/2 acres) (65,340 sq. ft.) to one -t rd acre (14,768 sq. ft.) ; B. Pursuant to Section 205.18.03.D.(2) of a Fridley City Code, to reduce the side yard setback fr20 feet to 5 feet; C. Pursuant to Section 205.18.03.B of the Fridley ity Code, to reduce the lot width from 150 feet to 104 f et; To allow the construction of a roofing business on Lots\_O and S 11, Block 7, Onaway Addition, the same being 7738 Elm eat N.E., Fridley, Minnesota, 55432. MOTION by Ms. Smith, seconded by Mr. Johnson, to open the publ hearing. 3H Ll 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, August 7, 1990, at 7:30 p.m. for the purpose of: Consideration of variance request, VAR #90-19, by Dareld Dean Nelson, pursuant to Section 205.07.03.D.(2).(c).((1)) of the Fridley City Code, to reduce the setback on the street side of a corner lot from 17.5 feet to 10 feet, to allow the expansion of an existing garage, on the west 67 feet of Lot 20, Auditor's Subdivision #129, the same being 1365 - 73rd Avenue N.E., Fridley, Minnesota, 55432. Any and all persons desiring to be heard shall be given the opportunity at the above stated time and place. DIANE SAVAGE CHAIRPERSON APPEALS COMMISSION Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. 0 1 MJJ.LI G LIST FOR VAR7ANCE #90-19 1365 - 73rd Avenue N.E. City Council City Manager Diane Savage Matrop Contract Carpany 567 Rioe Creek Terrace N.E. 2500 - 39th Avenue Fridley, M 55432 Minneapolis, MV 55421 Dazeld Dean Nelson Evert Partnership 1" 1365 - 73rd Avenue N.E. 7347 Evert Court Fridley, MV 55432 Fridley, My 55432 Arline Saba John Lavander 7345 Central Avenue N.E. 4428 Grand Avenue South Fridley, M 55432 Minneapolis, M 55409 Nlelroy Krugerud Lavanway 7356 Hayes Street N.E. 7345 Evert Court Fridley, m 55432 Fridley, Mei 55432 Jimmy Latham Saratj Sahni 7342 Hayes Street N.E. 1551 Canelot Lane N.E. Fridley, MV 55432 Fridley, NST 55432 Jeanette Huber Saratj Sahni ,1 7300 Hayes Street N.E. 7335 Evert Court Fridley, M 55432 Fridley, M 55432 Anita Costello Kenneth 'Thornton Ot 7314 Hayes Street N.E. 7325 Evert Court Fridley, MV 55432 Fridley,MV 55432 Jaanes Patten Kenneth Thornton *, 1367 - 73rd Avenue N.E. 6791 Central Avenue N.E. Fridley, MQ 55432 Fridley, M 55432 July 27, 1990 Wayne Nelson 2179 - 17th Street N.W. New Brighton, MQ 55112 Wayne Nelson 7330 Evert Court Fridley, M 55432 Marvin Joppe 7332 Evert Court Fridley, My 55432 Fitez Alk` 7332 Evert Court Fridley, M 55432 Steven Mindlin 4526 Pleasant Drive St. Paul, MQ 55112 Swanson 7335 Central Avenue N.E. Fridley, MV 55432 Steven Mindlin Act, t, 7337 Central Avenue N.e. Fridley, M 55432 Lavanray tLat 7337 Central Avenue N.E. Fridley, NN 55432 t VAR #90-19 • • Page 2 1365 - 73rd Avenue N.E. July 27, 1990 Prithipal Singh 2 Spring Farm Lane St. Paul, M 55110 Prithipal Singh 7325 Central Avenue N.E. Fridley., M 55432 Vesscio 7327 Central Avenue N.E. Fridley, MV 55432 Ron Pearson K 1309 - 73rd Avenue N.E. Fridley, MST 55432 Rajendra Dhir WL - 13304 13304 Fordham Avenue Apple Valley, My 55124 Rajendra Dhir I L 1313 - 73rd Avenue N.E. Fridley, MV 55432 Owner/Resident 1323 - 73rd Avenue N.E. Fridley, MSV 55 432 Gordon Johnson 6411 Squire Drive Fridley, MV 55432 Gordon Johnson 1333 - 73rd Avenue N.E. Fridley, M 55432 Owner/Resident 1335 - 73rd Avenue N.E. Fridley, M 55432 Max Peterson M) 7.320 Evert Court Fridley, MN' 55432 Max Peterson 2801 - 16A Street N.W. New Brighton, MV 55112 • i 30 TC -T IT70AJ Ee su6c-(TTFb TMS VARIANCE REQUEST AT A0, H &n7k) 6 I. Existing garage could be "converted to living space". -functionally designed as a garage with no entry to the house except from the outside -don't need the additional living space (currently a 4 bedroom house) II. Change in landscape. -cannot "utilize the existing driveway and curb" -new driveway would cut into the street embankment and would require an additional entrance way -would require that we cut down at least one tree and possibly move the power pole III. Additional cost. -suggested stand alone garage would cost approximately two and one-half times more than the garage addition (driveway work & terracing, fence repair, relocation of 5 five -feet pines) IV. Current use of the area. -garage addition would fall within the existing fence line cars currently sit in the requested area V. Public Purpose Served By Requirement (Section A). -traffic visibility will not be reduced (car currently sits south or southwest of the current garage) -will not affect the "line of sight" into the neighbor's front yard aTY of FRmM 6431 WIVERSITY AVMM N.E. FRIDLEY, MN 55432 (612) 571-3450 VARIANCE FSI • PROPEM site plan required for submittals; see attached Address: 73 'tg Ave M E. Legal description: Lot Block Tract/Addition Ourrent zoning: Square footage/acreage Reason for variance and hardship: o�r� Section of City Code: FEE am= II�ORI�mTIdrT (Contract Purchasers: Fee Owners /naLst sign this form prior to processing) ADMMSS /3 S- 73C'4, -e- A)E.lam, , %X'ia. � 9 3,2 P x`77 --4 -a S/ DATE %- /-?�- 9 a PETITIONER na mm cm NAME -1 z;t- )'6 6 d Deo,/ /Ve /S -A/ ADaRESs 13� 3 �� 4 IV Fee: $10 60:00 for Permit VAR # a-- Recepit Application received by: MMM MM C 7,75/ HATE 7- /1?- %" :1 g- 90 Scheduled Appeals Cannaission date: Scheduled City Council date: CITT OF PRIDLET PLAN REVIEW CRECELIBT 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. Generals 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 S. 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 areas of 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 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 stor water retention ponds. Calculations for storm wate 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, width, paving width, existing and proposed median cuts, and inter- sections of streets and driveways 4. Vehicular circulation system showing location and dimensions for all driveways, parking spaces, parking lot aisles, service roads, loading areas, fire lanes, emergency access (if necessary), public and private streets, alleys, sidewalks, bikepaths, direction of traffic flow, and traffic -control devices 5. Landscaping Plan 6. Location, access, and screening detail of trash enclosures 7. Location and screening detail of rooftop equipment B. Building elevations from all directions 9. Utility plan identifying size and direction of existin� water and sewer lines, fire hydrants, distance of hydrant to proposed building M Ag COMMISSION APPLICATION REVIEW FILE NUMBER FILE DATE MEETING DATE FILE DESCRIPTION vAR #90-19 CITYQF 42 7/18/90 8/7/90 1365 - 73rd Avenue N.E. FRIDLEY COMPLETE REVIEW CHECKLIST AND RETURN TO PLANNING DEPT. I ❑ BARB D. 10 MICHELE io M. �r �J MARK_ W. J;J-JOHN F.,21 C. COMMENTS wsJ,k"-","r YDE M.JGTia� M. /?- z� JIM H. 17'07 G ❑ BOB A. • N //2 SEC. /2, T. 30, R. 2 4 C/TY OF FR/DEFY O n auw 2 AVE. N.E. 9V .";w % tew Fl. LOCATION MAP tv l4' A v7 / � tew Fl. LOCATION MAP Z Z a r r 2 s' g 1" Of 1s7� sm� 7—/I -9a /'. ,a�,• o+ .T W�e�i �.,w, �%O/�.alaG AIs�`i'K r" � cver fie_ 1 j�erL Sa✓Saca Jiri•w •L',01�'� � / � PIP� / •S fio-� u�ls.Li / / V y\ ol 10 �r ni - i � i _ _ _ - _ � �. � � � -T_ /I-� / � w: , 3 Gla•. /iw� �i•Att _ _ _ 1, PROPOSED ELEVATION CURRENT ELEVATION EVERT'S ADDITION P.S. #77-07 to 83 N*" - 17 all--7��i ; 1 ••`-:, <. y-�� a' 1 / /'� _- •- �„�. Vi U-1 Lij Se CF'MrER SEC. ilp 2V. AL 17 (90q) i(ev DE 10 XTof IV W, > �7 CISF Irly, L felt 17 12 � 17 4;1 CF'MrER SEC. ilp 2V. 17 (90q) i(ev CF'MrER SEC. ilp ..f - I -.; " , 01140N, u S Ue,Di` 6 I cc4 yid Dri 7e 2V. 10 XTof ..f - I -.; " , 01140N, u S Ue,Di` 6 I cc4 yid Dri 7e .4 7--/S-s-- • • �� M • • �� J � J J I j: SURVEY & HOUSE LOCATION i.OT 20 SURVEY FOR CITY of FRIDLEY pi ,_ AUD. SUB. 1:0. 129, ANOKA COUNTY MR. CL;A-RTZICF. FOSSE 1367 73RD AVENUE, N.E. 7J t 1 IV t7`( V� Z. mss• ` ' � L'.'� •L.�. rt 1 1 aj 9. ►i � t ON, Description: The East 73 feet of Lot 20, Auditor's Subdivision No. 129, Anoka County, City of Fridley, Minnesota; subjec to easement for road ,.I 1 I hereby certify that this survey was made under )ny'diract supervision End that i am a duly authorised Registered Land Surveyor under the laws of the State of Minnesota.- Wi .liam S. Loye, R.L.S. I �` -Date: May 22, 1970 - - - •penss•t uaaq es p arss� c p ay file- S/T� - —r �rodon t%o.r� SwQoc� mr'va P/C�oSeC /JJohi� �-'l1 ®Ver�e�� i • ✓J I b� IAWA (A i 3 � q / .rra3- o.f' 1 I CRs" k s Mdse 'e%` s,3Q line 13 Gl.�+ /i.i�S' I�rree— — 7` �o/ -0 h Ok / 0 _ 1 13 t-' -A 0NhN 3P