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VAR05-05 CITY' -OF FRIDLEY 6431 UNIVERSITY AVENUE FRIDLEY, MN 55432 (763) 572-3592 COMMUNITY DEVELOPMENT DEPARTMENT VARIANCE APPLICATION FOR: ;? Residential CommerciallIndustrial Signs PROPERTY INFORMATION: (certificate of surryey required for submittal, see attached) Address: I 3 r 4X-Fl. Property Identitication Number: Legal Description: Lot I I Block Tract/Addition Current Zoning: S Square Footage/acreage: Reason for Variance: � �,, t c- 1 ` ' " 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 FEE OWNER INFORMATION (as it appears on the property title) (Contracturchasers: Fee owners must sign this fo m prior to processing.) NAME: �GWu - �► �eS "S 1f09Cups C . ADDRESS: DAYTIME PHONE: t� x'72 `' �f SIGNATURE/DATE: PETITIONER INFORMATION NAME: S e'-l- �x S c ADDRESS: 5-3t& /^ 'I-r( S Uf�,�� /0h1 St DAYTIME PHON .76s 72-2'6711 SIGNATURE/DATE: Section of City Code: FEES Fee::$ b0 for commercial, industrial, or signs: Fee• 250. for residential properties: " 5o-ov Receipt#: Received By: Application Number: -LIE Scheduled Appeals Commission Date: Scheduled City Council Date: c 5 u a 10 Day Application Complete Notification Date: a 60 Day Date: - -`� CI"IYOF F14DLLY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE.N.E.FRIDLEY,MN 55432 (763)571-3450 • FAX(763)571-1287 • TTD/T"TY(763)572-3534 February 14, 2005 Roslyn Park Wesleyan Church Attn: Dale Christiansen 53006 th Street NE Fridley MN 55421 Dear Mr. Christiansen: Per Minnesota Statute 15.99, local government units are required to notify land use applicants within 10 working days if their land use applications are complete. We officially received your application for a variance at 401 53rd Avenue, on February 4, 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 March 9, 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 March 28, 2005 at 7:30 in the City Council Chambers. If you have any questions regarding this letter or the process, please feel free to contact me at 763-572-3595. Sincerely, a'h i�� L.'i / Stacy romberg Planne I cc: Iowa-Minnesota District of the Wesleyan Church PO Box 485 Charles City IA 50616 C-05-10 CITY OF FRIDLEY PUBLIC HEARING NOTICE BEFORE THE APPEALS COMMISSION TO: All property owners/residents within 350 feet of property generally located at 401-53rd Avenue NE. CASE NUMBER: VAR #05-05 APPLICANT. Roslyn Park Wesleyan Church Petitioner or representative must attend the Appeals Commission meeting. PURPOSE: To reduce the front yard setback from 35 feet to 18.47 feet to recognize an existing non-conformity of the existing house, and to reduce the side yard setback on a corner lot from 35 feet to 29.67 feet to recognize an existing non-conformity of the existing house. LOCATION OF 401-53rd Avenue NE PROPERTY AND LEGAL Lots 16 & 17, Block 15, Hamilton's Addition to Mechanicsville DESCRIPTION: DATE AND TIME OF Appeals Commission Meeting: HEARING: Wednesday, March 9, 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 March 3, 2005. The TDD # is 763-572-3534. ANY QUESTIONS: Contact Stacy Stromberg, Planner, at 763-572-3595. Mailed: February 25, 2005 M City of Community Develoment Department Fridley Public Hearing Notice Interstate 694 a� 2! c a� Q 53rd Avenue LEGEND N Sources: Fridley Engineering Fridley GIS Variance Request #05-05 Anoka County GIS 401 53rd Avenue Petitioner: Roslyn Park Wesleyan Church Map Date: 2/16/05 OLIADON THOMAS D&DIANA L CURRENT RESIDENT ANDERSON MICHAEL J&LINDA 7131 RIVERVIEW TERRACE NE 5381 6TH ST NE 5360 5TH ST NE FRIDLEY,MN 55432 FRIDLEY, MN 55304 FRIDLEY, MN 55421 SCHWARTZ DUANE LEO&M Y CURRENT RESIDENT STIMACK THOMAS 0 2525 118TH AVE NW 5347 4TH ST NE 5331 5TH ST NE COON RAPIDS,MN 55433 FRIDLEY,MN 55304 FRIDLEY, MN 55421 RUIS JEREMIAH J&JENNIFER L FRAULY WILLIAM J&KAREN J CURRENT RESIDENT 5336 5TH ST NE 3717 RESERVOIR BLVD NE 5339 4TH ST NE FRIDLEY,MN 55421 COLUMBIA HEIGHTS, MN 55421 FRIDLEY, MN 55304 HUBER ROBERT J&MICHELE CURRENT RESIDENT WALKER DEBORAH J 18380 GLADIOLA ST NW 5335 6TH ST NE 5329 5TH ST NE CEDAR,MN 55011 FRIDLEY, MN 55304 FRIDLEY, MN 55421 HANSMANN JOEL J &THOMPSON E J FRIDLEY CITY OF CURRENT RESIDENT 5375 5TH ST NE 6431 UNIVERSITY AVE NE 5334 5TH ST NE FRIDLEY, MN 55421 FRIDLEY, MN 55432 FRIDLEY, MN 55304 NELSON LARRY A&RITA ANN SCHOLZEN EDWARD J&LOIS S CURRENT RESIDENT 5323 4TH ST NE 117 HARTMAN CIR 117 HARTMAN CIR NE FRIDLEY, MN 55421 FRIDLEY,MN 55432 FRIDLEY, MN 55304 FRIDLEY CITY OF CEDERSTROM YUANITA L CURRENT RESIDENT 6431 UNIVERSITY AVE NE 5331-6TH ST NE 5331 6TH ST NE FRIDLEY, MN 55432 MPLS, MN 55421 FRIDLEY, MN 55304 FRIDLEY CITY OF WRIGHT EUGENE&DIANE M 6431 UNIVERSITYAVE NE 15100 STONE RD FRIDLEY, MN 00000 FRIDLEY, MN 55432 WAYZATA, MN 55391 BREITKREUTZ PATRICK W&S R RODGERS FRANCES V LEWIS TERRANCE P&SANDRA 5315 4TH ST NE 5330 5TH ST NE 5323 6TH ST NE FRIDLEY, MN 55421 FRIDLEY,MN 55421 FRIDLEY, MN 55421 IOWA CONF/WESLEYAN METH CH CURRENT RESIDENT OTTEN MERLE J&MARGARET J ROSLYN WESEYLAN CHURCH 5300 6TH ST NE 5315 5TH ST NE 5311 4TH ST NE FRIDLEY,MN 55421 FRIDLEY,MN 55304 FRIDLEY, MN 55421 STEVENS•JAMES B&JOANNE C ANDERSON MICHAEL C DONLEY CHRIS T&PAMELA J 5310 5TH ST NE 5315 6TH ST NE 5305 4TH ST NE FRIDLEY,MN 55421 FRIDLEY,MN 55421 FRIDLEY,MN 55421 IOWA CONF/WESLEYAN METH CH CURRENT RESIDENT CURRENT RESIDENT ROSLYN WESEYLAN CHURCH 5300 6TH ST NE 5384 5TH ST NE 5300 6TH ST NE FRIDLEY,MN 55421 FRIDLEY,MN 55304 FRIDLEY,MN 55304 TORRES M&ZEPEDA DAYS[&A D RENKERT STEVEN E&VICKI E ANDERSON MICHAEL C 5300 5TH ST NE 5301 4TH ST NE 5315 6TH ST NE FRIDLEY,MN 55421 FRIDLEY,MN 55421 FRIDLEY, MN 55421 SIEDLECKI PATRICIA J GIDEO ROBERT J JR&FRANCES BLANK RICHARD K 5380 6TH ST NE 5372 6TH ST NE 5360 6TH ST NE FRIDLEY,MN 55421 FRIDLEY,MN 55421 FRIDLEY, MN 55421 YANG YENG H ETAL* KNOWLES BRUCE E&DAWN R IOWA CONFIWESLEYAN METH CH 5346 6TH ST NE 5336 6TH ST NE ROSLYN WESEYLAN CHURCH 5300 6TH S' FRIDLEY,MN 55421 FRIDLEY,MN 55421 FRIDLEY,MN 55421 BRENEMAN RICHARD L&KATHLEEN HOIBY RONALD L&CAROL A FAZLIC IZET&DZENANA 5357 4TH ST NE 5380 7TH ST NE 5370 7TH ST NE FRIDLEY,MN 55421 FRIDLEY,MN 55421 FRIDLEY,MN 55421 YANG JOHN X SCHUMACHER JODI L MARPE KEVIN 0&CHRISTINE M 5360 7TH ST NE 5350 7TH ST NE 5340 7TH ST NE FRIDLEY,MN 55421 FRIDLEY,MN 55421 FRIDLEY,MN 55421 JOHNSON DEAN VINCENT&SANDRA HENNING JASON A WELLNER GARY A 5330 7TH ST NE 5310 7TH ST NE 8457 RIVERVIEW LN N FRIDLY, MN 55421 FRIDLEY,MN 55421 BROOKLYN PARK,MN 55444 CURRENT RESIDENT WELLNER GARY A LINDBERG CURTIS M&MARILYN 5371 6TH ST NE 8457 RIVERVIEW LN N 5353 4TH ST NE FRIDLEY,MN 55304 BROOOKLYN PARK,MN 55444 FRIDLEY, MN 55421 CURRENT RESIDENT SWANSON LEE CURRENT RESIDENT 5361 6TH ST NE 7316 75TH AVE N 5370 5TH ST NE FRIDLEY,MN 55304 BROOKLYN PARK,MN 55428 FRIDLEY,MN 55304 MIKKELSON BRIAN 5367 5TH ST NE FRIDLEY,MN 55432 KRAWIBCKI GERALD&G A CURRENT RESIDENT DUGAS JOSEPH H&CAROLINE 5257 6TH ST NE 5257 6TH ST 5253 6TH ST NE COLUMBIA HGTS,MN 55421 COLUMBIA HEIGHTS, MN 55421 COLUMBIA HGTS,MN 55421 CURRENT RESIDENT ANDERSON LINDSAY E CURRENT RESIDENT 5253 6TH ST 5258 6TH ST NE 5258 6TH ST COLUMBIA HEIGHTS,MN 55421 COLUMBIA HGTS,MN 55421 COLUMBIA HEIGHTS,MN 55421 PALLIES DAVID R&JODY L CURRENT RESIDENT NOVITSKY MICHAEL &ANN 5253 4TH ST NE 5253 4TH ST 5252 5TH ST NE COLUMBIA HGTS,MN 55421 COLUMBIA HEIGHTS,MN 55421 COLUMBIA HGTS,MN 55421 CURRENT RESIDENT USHER BEVERLY J&DUANE L CURRENT RESIDENT 5252 5TH ST 5255 5TH ST NE 5255 5TH ST COLUMBIA HEIGHTS,MN 55421 COLUMBIA HGTS,MN 55421 COLUMBIA HEIGHTS,MN 55421 MCCRACKEN JON M &TERESA F VESCIO CHARLES J& SHIRLEY CURRENT RESIDENT 5262 6TH ST NE 5249 6TH ST NE 5249 6TH ST COLUMBIA HEIGHTS,MN 55421 COLUMBIA HGTS,MN 55421 COLUMBIA HEIGHTS,MN 55421 ALTMEYER ROXANNE M CURRENT RESIDENT AVILA VICTOR&AGUIRRE M 5254 6TH ST NE 5254 6TH ST 5251 4TH ST NE COLUMBIA HGTS,MN 55421 COLUMBIA HEIGHTS,MN 55421 COLUMBIA HGTS,MN 55421 CURRENT RESIDENT SINGH PHILLIP K CURRENT RESIDENT 5251 4TH ST 5245 6TH ST NE 5245 6TH ST COLUMBIA HEIGHTS,MN 55421 COLUMBIA HGTS,MN 55421 COLUMBIA HEIGHTS,MN 55421 REYNOLDS IDA S CURRENT RESIDENT CURRENT RESIDENT 5249 5TH ST NE 5249 5TH ST 5262 6TH ST COLUMBIA HGTS,MN 55421 COLUMBIA HEIGHTS,MN 55421 COLUMBIA HEIGHTS,MN 55421 SMALL MORRIS F &LADONNA J CURRENT RESIDENT OLSON RICHARD &JOYCE 5245 4TH ST NE 5245 4TH ST 5246 5TH ST NE COL HEIGHTS,MN 55421 COLUMBIA HEIGHTS,MN 55421 COLUMBIA HGTS,MN 55421 CURRENT RESIDENT DUFFY RAYMOND G&ELAINE D CURRENT RESIDENT 5246 5TH ST 5248 6TH ST NE 5248 6TH ST COLUMBIA HEIGHTS,MN 55421 COLUMBIA HGTS,MN 55421 COLUMBIA HEIGHTS,MN 55421 MURPHY BETTY J&JOSEPH J CURRENT RESIDENT MOEN JOSEPH E&MARTHA I 5241 6TH ST NE 5241 6TH ST 5239 4TH ST NE COLUMBIA HGTS, MN 55421 COLUMBIA HEIGHTS,MN 55421 COLUMBIA HGTS,MN 55421 CURRENT RESIDENT HOLIN ROBERT WILSON &G SPERL ALEXANDER F&ADELE M 5239 4TH ST 5261 5TH ST NE 5243 5TH ST NE COLUMBIA HEIGHTS,MN 55421 COLUMBIA HGTS,MN 55421 COLUMBIA HGTS,MN 55421 CURRENT RESIDENT SUCIK MATTHEW J&LEONA T CURRENT RESIDENT 5243 5TH ST 5240 5TH ST NE 5240 5TH ST COLUMBIA HEIGHTS,MN 55421 COLUMBIA HGTS,MN 55421 COLUMBIA HEIGHTS,MN 55421 JANISH NORBERT J&G B CURRENT RESIDENT SCHINTZ ERROL L 5242 6TH ST NE 5242 6TH ST 5235 6TH ST NE COLUMBIA HGTS,MN 55421 COLUMBIA HEIGHTS,MN 55421 COLUMBIA HGTS,MN 55421 CURRENT RESIDENT SAPPA PATRICIA G CURRENT RESIDENT 5235 6TH ST 5233 4TH ST NE 5233 4TH ST COLUMBIA HEIGHTS,MN 55421 COLUMBIA HGTS,MN 55421 COLUMBIA HEIGHTS,MN 55421 CURRENT RESIDENT BESS JULIE A&JOHN F CURRENT RESIDENT 5261 5TH ST 5233 5TH ST NE 5233 5TH ST COLUMBIA HEIGHTS,MN 55421 COLUMBIA HEIGHTS,MN 55421 COLUMBIA HEIGHTS,MN 55421 GRANT PETER E&TRACEY L CURRENT RESIDENT BECHER OTTO H&DONNA M 5232 5TH ST NE 5232 5TH ST 5236 6TH ST NE COLUMBIA HGTS,MN 55421 COLUMBIA HEIGHTS,MN 55421 COLUMBIA HGTS,MN 55421 CURRENT RESIDENT DAY FRED A&MARY L CURRENT RESIDENT 5236 6TH ST 5233 6TH ST NE 5233 6TH ST COLUMBIA HEIGHTS,MN 55421 COLUMBIA HGTS,MN 55421 COLUMBIA HEIGHTS,MN 55421 ROESSLER FRANK C&JUNE M CURRENT RESIDENT DIETRICH ELDEN E 5229 4TH ST NE 5229 4TH ST 5256 5TH ST NE COLUMBIA HGTS,MN 55421 COLUMBIA HEIGHTS,MN 55421 COLUMBIA HGTS,MN 55421 SANETRA KRISTY M CURRENT RESIDENT PLESSEL LEONARD J&PHYLLIS 5230 6TH ST NE 5230 6TH ST 15365 NORWOOD LANE COLUMBIA HEIGHTS,MN 55421 COLUMBIA HEIGHTS, MN 55421 PINE CITY,MN 55063 CURRENT RESIDENT BURSELL LOWELL R&CARLA R CURRENT RESIDENT 5228 5TH ST 5227 5TH ST NE 5227 5TH ST COLUMBIA HEIGHTS,MN 55421 COLUMBIA HGTS,MN 55421 COLUMBIA HEIGHTS,MN 55421 STURM TIMOTHY R&KARRI L CURRENT RESIDENT BECK M&KALBOW EDGAR 5229 6TH ST NE 5229 6TH ST TRUSTEES COL HGTS,MN 55421 COLUMBIA HEIGHTS,MN 55421 5225 4TH ST NE COLUMBIA HGTS,MN 55421 CURRENT RESIDENT CURRENT RESIDENT RDDAD IBRAHIM&MARY J 5225 4TH ST 5256 5TH ST 5224 6TH ST NE COLUMBIA HEIGHTS,MN 55421 COLUMBIA HEIGHTS, MN 55421 COLUMBIA HGTS,MN 55421 CURRENT RESIDENT HARDING PATRICK M &PATTY A CURRENT RESIDENT 5224 6TH ST 5222 5TH ST NE 5222 5TH ST COLUMBIA HEIGHTS,MN 55421 COLUMBIA HGTS,MN 55421 COLUMBIA HEIGHTS, MN 55421 LINDBOE DENNIS D&LISA M CURRENT RESIDENT SCHOENIKE LORI A 5225 6TH ST NE 5225 6TH ST 5219 5TH ST NE COLUMBIA HGTS,MN 55421 COLUMBIA HEIGHTS,MN 55421 COLUMBIA HGTS,MN 55421 CURRENT RESIDENT HILL RANGER M&CATHERINE A CURRENT RESIDENT 5219 5TH ST 5219 4TH ST NE 5219 4TH ST COLUMBIA HEIGHTS,MN 55421 COLUMBIA HEIGHTS,MN 55421 COLUMBIA HEIGHTS,MN 55421 NELSON DENNIS W&BARBARA CURRENT RESIDENT 5257 4TH ST NE 5257 4TH ST COLUMBIA HGTS,MN 55421 COLUMBIA HEIGHTS, MN 55421 City of Fridley Land Use Application VAR #05-05 March 9, 2005 GENERAL INFORMATION SPECIAL INFORMATION Applicant: SUMMARY OF REQUEST Roslyn Park Wesleyan Church The petitioner, Mr. Christiansen, Pastor for the Dale Christiansen Roslyn Park Wesleyan Church, is seeking a 53006 th Street NE variance to reduce the front yard setback from Fridley MN 55432 35 feet to 18.47 feet and is seeking to reduce Requested Actions: the side yard setback on a corner lot from 35 Variance reducing the front yard and feet to 29.67 feet. Both variances are to side yard setback requirements. recognize existing non-conformities at the home Existing Zoning: in which the church owns at 401 53rd Avenue. R-3, General Multiple Units SUMMARY OF HARDSHIP Location: "We are requesting a variance for our present 401 53rd Avenue parsonage at 401 53rd Avenue, which was built in 1965. As we investigated a plan to divide this house Size of Property: from the church in order to sell it separately, we 12,046 sq. ft. .28 acres were advised that we needed variances for the Existing Land Use: setback from 5th Street and from 53rd Avenue in Single Family home order to conform to city codes." Surrounding Land Use & Zoning: - Pastor Dale Christiansen N: Single Family homes & R-2 SUMMARY OF ANALYSIS E: Church & R-3 City Staff recommends approval of both of S: Single Family & Columbia Heights these variance requests. W: Single Family home & R-3 The variance is simply recognizing a pre- Comprehensive Plan Conformance: existing condition. Consistent with Plan Zoning Ordinance Conformance: Section 205.09.3.D.(1) requires a front {. yard setback of 35 feet. Section 205.09.3.D.(2) ((c)) requires a rt side yard setback of 35 feet on a corner ® � lot. ■',, Property Histo 40153 Avenue: 1886 — Lot is platted. w 1965— House and garage built. Legal Description of Property: Lots 16 & 17, Block 15, Hamilton's Addition to Mechanicsville. Public Utilities: Existing Home Home is connected CITY COUNCIL ACTION / 60 DAY DATE Transportation: City Council — March 28, 2005 Home is accessed from 53rd Avenue. 60 Day Date—April 4, 2005 Physical Characteristics: Staff Report Prepared by: Stacy Stromberg Relatively flat, with typical suburban landscaping. VAR #05-05 REQUEST The petitioner, Dale Christiansen, Pastor for the Roslyn Park Wesleyan Church, is seeking a variance to reduce the front yard setback from 35 feet to 18.47 feet and a variance to reduce the side yard setback on a corner lot from 35 feet to 29.67 feet. Both of these variances are to recognize existing non-conformities at a home that the church owns at 401 53rd Avenue. SUMMARY OF HARDSHIP "We are requesting a variance for our present parsonage at 401 53rd Avenue, which was built in 1965. As we investigated a plan to divide this house from the church in order to sell it separately, we were advised that we needed variances for the setback from 5t" Street and from 53rd Avenue in order to conform to city codes."—also see attached hardship statement. - Pastor Dale Christiansen ANALYSIS The subject property is zoned R-3, Multi-Family. The properties to the north, west and east are also zoned R-3, Multi-Family. Columbia Heights is south of the subject property. The property is located on the corner of 5th Street and 53rd Avenue. The existing home fronts on 53rd Avenue; however, 5th Street is considered the front yard as it's the properties narrowest street frontage. The existing home and garage were constructed in 1965. When the house was constructed in 1965, it was deficient in meeting the required front yard and side yard set back. Consequently, the petitioner is seeking a variance to recognize these existing non-conformities. ,A, n: _.. - . - r- Illijillillillillilliillillill Existing Home As with the variance request for the church, this variance request is also coming before us as a result of the petitioner's plans to relocate their congregation to Spring Lake Park and their desire to have the property in compliance before they sell it. Roslyn Park Church has found another congregation to purchase the church building and the vacant lot north of 5315 5th Street. Roslyn Park Church is also asking for a replat of the property, which allows the church to separate the property they own and create two single lots, one of which will be located at 401 53`d Avenue and the other at 5315 5th Street. The replat will also allow for a new configuration for the church lot to include 5300 6th Street and the vacant lot north of 5315 5th Street. C I 373_7. I 5372 365-67--- 5360 65- 5360 5331 __. 5346 53249 5336 Cn1 5315 401 5,300 ' 53`d Avenue Dark Line signifies the land currently owned by Roslyn Park Church CODE REQUIREMENTS City Code requires a front yard setback of 35 feet and a side yard setback of 35 feet on a corner lot in an R-3, Multi-Family zoning district. Due to the placement of the home on the lot when it was constructed, the petitioner is seeking a variance to reduce the front yard setback from 35 feet to 18.47 feet and a variance to reduce the side yard setback from 35 feet to 29.67 feet in order to recognize and correct an existing non-conformity. RECOMMENDATIONS City Staff recommends approval of this variance request. The variance is simply recognizing a pre-existing condition. Roslyn Park Wesleyan Church 53006 th Street, Fridley, MN 55421 Explanation of Request for Variances We are requesting two variances for Roslyn Park Wesleyan Church. The first one is for the location of our church building on our property. When the church was built in 1956, it was situated ten feet from the property line to the north. As far, as we know, this has never constituted a problem for the church or for the neighbor at 5336 6th Street. In fact, the present owners of that property, Bruce and Dawn Knowles, attend our church and have no complaints with the proximity of our building. However, we became aware that the church is not in conformance with the present city setback code when we talked with Scott Hickok last summer about ideas for a ramp into our building. When Scott discovered this discrepancy he advised us to seek a variance to come into conformance with the code. And so, we are requesting that the needed variance be granted for this purpose. The second variance addresses the situation of our present parsonage at 401 53rd Avenue, which was built around 1965. As we investigated a plan to divide this house from the church in order to sell it separately, Stacy Stromberg advised us that we need a variance for the setback from 5th Street. in order to conform to city codes. And so, we are requesting the necessary variance. Our congregation is relocating to a facility in Spring Lake Park and we have arranged to sell the church property to another congregation. The two houses presently owned by our church will also be offered for sale once they a successful plat plan is approved. We will appreciate if these two variances are granted because they will bring our property into conformance with city codes for the new owners. Thank you for your consideration. Sincerely, Dale R. Christiansen, Pastor I PROPERTY ADDRESS: 11.11 11,11 NE, MN ROSLYN PARK — PETITIONER: WESLEYAN CHURCH Dal763e 7d3emen -57272�09a Fridley,MN 1ba 00 Sbeel ME. ridleyy,,MN FEEOWNER: IaW,Mt,ne Dilmel Md.W.A.,-Church,Iro. Data Revision ^'• •"' P.P. •.•• •• PO Box 48s,City of Glades City,Comly of RoA Stele of IA,50616. (� 02/04/0.5 Removed Lot 4 8 Changed Name xis, I LAND SURV EYOR: Walter)Crepory 703477!239 x `I( 5201 Ent River Road,Suite 308 MinneRpolm MN,55421 PLAN NOTES OR GENERAL NOTES S 1 LEGAL DESCRIP710N OF PROPERTY: 46 '- I.ols 11,12.13,19,Id,16,16,18,19,20,and 21,Block 15,HAMILTON'S ADDITION '•� 1'� Nw COR TO MECHANICSVILLE,uc«dhga0rcplalm6leand«recordindwoQittofllle IAT 21 Regis,«of Deeds inaMf Anoka Comry and Stareof Minneves. E I • .M1 CLEAR 015( B1MD fExC[ - _— ' de J r 7.m;.. 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"-- BEING 5 ET WIDTH,UNLESS OTHERWISE INDICA; N,e�Aa? •+ 7'40' `x'P _ AND ADJOINING N DE LOT(LINES,AND 10 FEET IN WIDTH AND x e,?' `a' ADJOINING FRONT AND REAR LOT LINES,AS SHOWN, o r ro ;- _________ _ __ ____ g g Description of Proposed Drivewo Eosement: I r`ee 6 M1M1 ° "r N _ I Y y piHEarL1�-~xr y�x r'� Amo A 24.00 feet wide easemMl lar alleyway purposes over,on I,r and across 1101 port F %xd?c cxnmLiNk fExCE AsxEleeiL xET - Of Lot 20 and Lo l Tt,HAMILTON'S ADDITION TO MECHANICSVILLE,Anoka County, ', ' �' x^/ Minnesol0,which lies 1T 00 lee,M each sitle 0/the following described centerline: _ IRC DLl1pNE xr� W e ' SA �' i'i •xaP'� e r �� ' x !R Commencing 01 the n«thwesl c of said Lal 21; thence$Doth DD degrees a'�r °,s P 27 minutes 22 seconds East,a sw umed bearing,37.51 feel along the est line _' I of said Lot 21 to the point of beginning for the centerline to be described; w F7 3 •x en!MIXa;S Pnlmlxq L111/aa I N thence South 89 degrees 07 mnules 40 seconds East 91.16 feet; thence norlheostely 48.03 feel along a 45.00 foot rodius longenliol c rye,concore there by certify that thas plan,specification or epwt L.',!'! 1 nmthwestersy,wits o central angle of 61 degrees 09 mnules 02 secontls.to the was preparetl by me«urMar my!tell supervision I•, }(/J ' -s-rABAK w ; $,p' I� cost line of sots Lot 21 one soil centerline(here terminating. and that I am a Duly Licensed Land Survey« x%n �x 1 i 1�Mr under the lam OI d,e Stale of Mmtasda- II / Il is intended that the sidelines of said easement be sh«lMetl or IengthMeO to Print Name: Walter J.Gre o BENCHOSa.ARK a) >) i k ---- -- !REll-ar WALL $• ye x�i intersect with said west line of Lot 21,with said east lin!Of Lo l 21,and with w _ the oath line of said Lot 21 �o :: Signed: 6, Contains 3,336 square feet,m«e m less. C.E , ',, • •:•::: '`� j'. - - ( Date: 02/14/05 License Nserbre: 14889 L F ..B__°3'Sl___ ____ `uG..IGm PIPE-CYi _ g °'.y�'_' we Uc 4MGC0`FIPE LiK,J_ 3 6 se L,—�iw I LEGEND `89;0347-W -1.1401RCN MIXIU.ENT •. _ '272'21_ psraxUNs FEnCE t .r. °° 2x).7.88(P) s._ _ ip. .n,• b_xnMANi X K _ C. ' 12'CJS.VgER xA{x � -------- C.. I _ Ga a -9'O1 ELEVAOON 5' .a�� p i i SANITARY �• —� —�- ,12'C.I..VAT R'wIX NV' SE`sER �� v,x —O -CH HL NK FENCE engineers. N-, ---v. v.-y-�,.. ' _MAORM SEWER ... -"`iP-'w' ,.• w— _ TERMUN a d fw n• rn-xT—_n sx�a1= '� —nr ,w ANS SANT TARYY SEWER ,4 —4? 5;3 RD I qV�. M.E. — —„4' ke' _ _ GAS Bismarck Deoak Lalex-Fargo-Minneapolis'Sioux Fats ` N.P BI7UNINp(dS SURFACE -OL'ERHEAa ELECTRIC 5201 East River Road SIiM 306 '.Ox I I -OaERHEA NTU.—dNE C.B L'• C B,,W GV a O-GENERAL OTE Minneapolis,MinnesaM 55421 Plane:763.571.2500 Fax:763571.1168 8 C; Cal E Web:WWWullelg.c«n Drawn By:Pale Gll$en y, „a nr--._ee--- PP •, r �- .�� -- .-=._ Checked By:Walter J.Gregory I Approved BY:Waae J.Gregary ALL BEARINGS ARE ASSUMED aaaaaz c5 D Preliminary Plat of: 0 20 40 60 80 100 S" In Feat GOSPEL HALL 1 FOOT CONTOUR INTERVAL BENCH MARK: THNONW COR STH ST. AND 53RD AVE. ELEVATION a 858.74 Project Number: 205_0002 ar Date: Januv 1.20D5 P P Sheets: 1 N 1 i CITY OF FRIDLEY APPEALS COMMISSION MEETING MARCH 9, 2005 CALL TO ORDER Chairperson Kuechle called the Appeals Commission meeting to order at 7:30 p.m. ROLL CALL Members present: Ken Vos, Larry Kuechle and Brad Sielaff Members absent: Blaine Jones and Gary Zinter Others present: Stacy Stromberg, City Planner Rebecca Brazys, Recording Secretary Dale Christiansen, Petitioner APPROVAL OF MINUTES OF JANUARY 26 2005 MINUTES MOTION by Commissioner Sielaff, seconded by Commissioner Vos, to approve the minutes as submitted. UPON A VOICE VOTE,ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. PUBLIC HEARINGS: 1. Variance request VAR#05-04, by Roslyn Park Wesleyan Church to reduce the rear yard setback from 25 feet to 9.81 feet to recognize an existing non- conformity of the existing church building, generally located at 5300 6t St. NE. MOTION by Commissioner Vos, seconded by Commissioner Sielaff, to open the public hearing. UPON A VOICE VOTE,ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 7:32 PM. Ms. Stromberg stated the petitioner, Dale Christiansen, Pastor for Roslyn Park Wesleyan Church, is seeking a variance to reduce the rear yard setback from 25 feet to 9.81 feet in order to correct an existing non-conformity which is the location of the existing church building at 5300 6th Street. Ms. Stromberg reviewed the summary of hardship presented by the petitioner as follows: "We are requesting a variance for our church building on our property. When the church was built in 1956, it was situated ten feet from the property line to the north. As far as we know, this has never constituted a problem for the church or for the neighbor at 5336 6th Street. We are requesting this variance to come into conformance with the code." Ms. Stromberg provided the following analysis: The subject property is zoned R-3, Multi-Family. The properties to the north and east are zoned R-2, Two Family and the properties to the west CITY OF FRIDLEY APPEALS COMMISSION MEETING March 9, 2005 Page 2 of 5 are zoned R-3, Multi-Family. Columbia Heights is south of the subject property. The property is located on the corner of 6th Street and 53rd Avenue. The existing church building was constructed in 1956. When the church was constructed, it was deficient in meeting the required rear yard setback. Consequently, the petitioner is seeking a variance to recognize this existing non-conformity. This variance request is coming before us as a result of the petitioner's plans to relocate their congregation to Spring Lake Park and their desire to have the property in compliance before they sell it. Roslyn Park Church has found another congregation to purchase the church building and the vacant lot north of 5315 5th Street. Ms. Stromberg further explained that Roslyn Park Church is also asking for a replat of the property which will allow the church to separate the property they own and create two single lots, one of which will be located at 401 53rd Avenue and the other at 5315 5th Street. The replat will also allow for a new configuration for the church lot to include 5300 6th Street and the vacant lot north of 5315 5th Street. In addition, Ms. Stromberg explained, the petitioner is also seeking a special use permit from the Planning Commission and City Council to allow the continuation of a church on the property located at 5300 6th Street. Churches are a permitted special use in an R-3 zoning district. Both the replat request and special use permit request went before the Planning Commission on March 2, 2005 and were unanimously approved. These items will go before the City Council on March 28, 2005. Ms. Stromberg stated City Code requires that churches with a special use permit in an R-3 Multi-Family zoning district follow the CR-1, General Office standards for building and site requirements. The CR-1 section of the code requires a rear yard setback of 25 feet. Therefore, the petitioner is seeking a variance to reduce the rear yard setback from 25 feet to 9.81 feet in order to recognize and correct an existing non-conformity. Ms. Stromberg stated that City Staff recommends approval of this variance request as the variance simply recognizes a pre-existing condition and approving this variance should not set a precedent for other churches in Fridley. Commissioner Vos commented that the fact that this is a corner lot may have contributed to the confusion as to the rear yard and side yard setback requirements at the time of construction in 1956. Commissioner Kuechle asked if the setback regulations were the same in 1956 as they are now. Ms. Stromberg responded they were the same. Commissioner Vos asked about the driveway through the vacant lot which provides access to the alleyway. Ms. Stromberg stated two properties to the north of the church property that use this driveway to access the alley. Pastor Dale Christiansen, Roslyn Park Church, stated he's not sure what happened in 1956 that the setbacks were not met. To the north of their property, that neighbor attends the church and has never had any difficulties with the church location on the lot. CITY OF FRIDLEY APPEALS COMMISSION MEETING March 9, 2005 Page 3 of 5 Commissioner Vos asked if the vacant lot is actually needed by the church for parking. Pastor Christiansen explained that the congregation purchasing the church and the vacant lot has a smaller congregation and the existing parking lot on the church site is adequate. The alley access on the vacant lot was built with expansion in mind, that it would eventually be a parking lot. MOTION by Commissioner Sielaff, seconded by Commissioner Vos, to close the public hearing. UPON A VOICE VOTE,ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 7:43 PM. Commissioner Vos and Commissioner Sielaff both commented that since this is an existing non- conformity, they would have no objections to this proposal. MOTION by Commissioner Vos, seconded by Commissioner Sielaff, to approve variance request VAR #05-04, by Roslyn Park Wesleyan Church to reduce the rear yard setback from 25 feet to 9.81 feet to recognize an existing non-conformity of the existing church building, generally located at 5300 6" Street NE. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. Variance Request VAR#05-05 by Roslyn Park Wesleyan Church to reduce the front yard setback from 35 feet to 18.47 feet to recognize an existing non- conformity of the existing house, and to reduce the side yard setback on a corner lot from 35 feet to 29.67 feet to recognize an existing non-conformity of the existing house, generally located at 401 53rAvenue NE. MOTION by Commissioner Vos, seconded by Commissioner Sielaff, to open the public hearing. UPON A VOICE VOTE, AL.L VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 7:45 PM. Ms. Stromberg stated the petitioner, Pastor Dale Christiansen, is seeking a variance to reduce the front yard setback from 35 feet to 18.47 feet and a variance to reduce the side yard setback on a corner lot from 35 feet to 29.67 feet. Both of these variances are to recognize existing non- conformities at a home that the church owns at 401 53rd Avenue. Ms. Stromberg reviewed the summary of hardship submitted by the petitioner as follows: "We are requesting a variance for our present parsonage at 401 53rds Avenue, which was built in 1965. As we investigated a plan to divide this house from the church in order to sell it separately, we were advised that we needed variances for the setback from 5th Street and from 53rd Avenue in order to conform to city codes." Ms. Stromberg explained this property is zoned R-3 Multi-Family. The properties to the north, west and east are also zoned R-3. Columbia Heights is south of the subject property. The property is located on the corner of 5th Street and 53rd Avenue. The existing home fronts on 53rd Avenue; however 5th Street is considered the front yard as it's the property's narrowest street frontage. The existing home and garage were constructed in 1965. When the house was CITY OF FRIDLEY APPEALS COMMISSION MEETING March 9, 2005 Page 4 of 5 constructed in 1965, it was deficient in meeting the required front yard and side yard setback. Consequently, the petitioner is seeking a variance to recognize these existing non-conformities. Ms Stromberg further explained that as with the variance request for the church, this variance request is also coming before us as a result of the petitioner's plans to relocate their congregation to Spring Lake Park and their desire to have the property in compliance before they sell it. Roslyn Park Church has found another congregation to purchase the church building and the vacant lot north of 5315 5th Street. Roslyn Park Church, Ms. Stromberg stated, is also requesting a replat of their property to allow the church to separate the property they own and create two single lots, one of which is located at 401 53 Id Avenue and the other at 5315 5th Street. This replat will also allow for a new configuration for the church lot to include 5300 6th Street and the vacant lot north of 5315 5th Street. Ms. Stromberg stated City Code requires a front yard setback of 35 feet and a side yard setback of 35 feet on a corner lot in an R-3, Multi-Family zoning district. Due to the placement of the home on the lot when it was constructed, the petitioner is seeking a variance to reduce the front yard setback from 35 feet to 18.47 feet and a variance to reduce the side yard setback from 35 feet to 29.67 feet in order to recognize and correct an existing non-conformity. Staff's recommends approval of this variance, Ms. Stromberg explained, as it is simply recognizing a pre-existing condition Commissioner Vos commented that if this property were zoned R-1, the 29 .67 foot setback would be sufficient. He also questioned if the house could fit on this property at all and meet all setback requirements. Commissioner Sielaff asked if these setback requirements were in effect when the home was built in 1965. Ms. Stromberg responded they were. Commissioner Kuechle stated that the Commission has seen quite a few of these types of variance requests on corner lots because of the confusion between rear and side yard setbacks. Pastor Dale Christiansen stated he doesn't know why the setbacks were not met when the house was originally constructed, but they want everything in proper order now before they sell it to a private party. MOTION by Commissioner Vos, seconded by Commissioner Sielaff, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY AT 7:50 PM. Commissioner Sielaff and Chairperson Kuechle commented that this is an existing non- conformity and that they have no objections to this proposal. MOTION by Commissioner Sielaff, seconded by Commissioner Vos, to approve Variance Request VAR#05-05, to reduce the front yard setback from 35 feet to 18.47 feet to recognize an existing non-conformity of the existing house and to reduce the side yard setback on a CITY OF FRIDLEY APPEALS COMMISSION MEETING March 9, 2005 Page 5 of 5 corner lot from 35 feet to 29.67 feet to recognize an existing non-conformity of the existing house, generally located at 401 53d Avenue NE. UPON A VOICE VOTE,ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. Update on Planning Commission & CitV Council Actions Ms. Stromberg stated the March 23 Appeals Commission meeting has been cancelled. ADJOURNMENT: MOTION by Commissioner Vos, seconded by Commissioner Sielaff, to adjourn. UPON A VOICE VOTE,ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 8:54 PM. espect3rnitt L e cca Brazys ecording Secretary CITYOF FRIDLEY FRIDLEY MUNICIPAL CENTER•6431 UNIVERSITY AVE. N.E.FRIDLEY,MN 55432•(763)571-3450•FAX(763)571-1287 APPEALS COMMISSION ACTION TAKEN NOTICE March 29, 2005 Dale Christiansen Roslyn Park Wesleyan Church 5300 -6 th Street NE Fridley, MN 55421 Dear Mr. Christiansen: On Wednesday, March 9, 2005, the Fridley Appeals Commission officially approved your Variance, VAR#05-05, to reduce the front yard setback from 35 feet to 18.47 feet to recognize an existing non-conformity of the existing house, and to reduce the side yard setback on a corner lot from 35 feet to 29.67 feet to recognize an existing non-conformity of the existing house, legally described as Lots 16 & 17, Block 15, Hamilton's Addition to Mechanicsville, generally located at 401-53rd Avenue NE. If you have any questions regarding the above action, please call me at 763-572-3595. Sincerely, Stacy Str berg Fianner cc: Iowa-Minnesota District of the Wesleyan Church Variance File Mary Hintz Stacy Stromberg Please review the above, sign the statement below and return one copy toCity of Fridley Planning Department by April 15, 2005. V _r_� �. -�-, �el Concur with actio aken. C-05-16 7 Record ID 1549621 482613 . 003 STATE OF MINNESOTA ) APPEALS COMMISSION PROCEEDINGS VARIANCE COUNTY OF ANOKA ) CITY OF FRIDLEY ) In the Matter of: A Variance, VAR#05-05 Owner: Iowa-Minnesota District of the Wesleyan Church The above entitled matter came before the Appeals Commission of the City of Fridley and was heard on the 9th day of March, 2005, on a petition for a variance pursuant to the City of Fridley's Zoning Ordinance, for the following described property: To reduce the front yard setback from 35 feet to 18.47 feet to recognize an existing non-conformity of the existing house, and to reduce the side yard setback on a corner lot from 35 feet to 29.67 feet to recognize an existing non-conformity of the existing house, legally described as Lots 16 & 17, Block 15, Hamilton's Addition to Mechanicsville, generally located at 401-53rd Avenue NE. IT IS ORDERED that a variance be granted as upon the following conditions or reasons: Approval with no stipulations. See Appeals Commission meeting minutes of March 9th, 2005. STATE OF MINNESOTA ) COUNTY OF ANOKA ) OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) 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 .3i5t day of d,z&=L , 2005. DRAFTED BY: City of Fridley 6431 University Avenue N.E. ? ' Fridley, MN 55432 Debra A. Skogen, City Clerld A CITY OF FRIDLEY APPEALS COMMISSION MEETING MARCH 9, 2005 CALL TO ORDER Chairperson Kuechle called the Appeals Commission meeting to order at 7:30 p.m. ROLL CALL Members present: Ken Vos, Larry Kuechle and Brad Sielaff Members absent: Blaine Jones and Gary Zinter Others present: Stacy Stromberg, City Planner Rebecca Brazys, Recording Secretary Dale Christiansen, Petitioner APPROVAL OF MINUTES OF JANUARY 26 2005 MINUTES MOTION by Commissioner Sielaff, seconded by Commissioner Vos, to approve the minutes as submitted. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. PUBLIC HEARINGS: 1. Variance request VAR #05-04, by Roslyn Park Wesleyan Church to reduce the rear yard setback from 25 feet to 9.81 feet to recognize an existing non- conformity of the existing church building, generally located at 5300 6 St. NE. MOTION by Commissioner Vos, seconded by Commissioner Sielaff, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 7:32 PM. Ms. Stromberg stated the petitioner, Dale Christiansen, Pastor for Roslyn Park Wesleyan Church, is seeking a variance to reduce the rear yard setback from 25 feet to 9.81 feet in order to correct an existing non-conformity which is the location of the existing church building at 5300 6th Street. Ms. Stromberg reviewed the summary of hardship presented by the petitioner as follows: "We are requesting a variance for our church building on our property. When the church was built in 1956, it was situated ten feet from the property line to the north. As far as we know, this has never constituted a problem for the church or for the neighbor at 5336 6th Street. We are requesting this variance to come into conformance with the code." Ms. Stromberg provided the following analysis: The subject property is zoned R-3, Multi-Family. The properties to the north and east are zoned R-2, Two Family and the properties to the west CITY OF FRIDLEY APPEALS COMMISSION MEETING March 9, 2005 Page 2 of 5 are zoned R-3, Multi-Family. Columbia Heights is south of the subject property. The property is located on the corner of 6th Street and 53rd Avenue. The existing church building was constructed in 1956. When the church was constructed, it was deficient in meeting the required rear yard setback. Consequently, the petitioner is seeking a variance to recognize this existing non-conformity. This variance request is coming before us as a result of the petitioner's plans to relocate their congregation to Spring Lake Park and their desire to have the property in compliance before they sell it. Roslyn Park Church has found another congregation to purchase the church building and the vacant lot north of 5315 5th Street. Ms. Stromberg further explained that Roslyn Park Church is also asking for a replat of the property which will allow the church to separate the property they own and create two single lots, one of which will be located at 401 53rd Avenue and the other at 5315 5th Street. The replat will also allow for a new configuration for the church lot to include 5300 6th Street and the vacant lot north of 5315 5th Street. In addition, Ms. Stromberg explained, the petitioner is also seeking a special use permit from the Planning Commission and City Council to allow the continuation of a church on the property located at 5300 6th Street. Churches are a permitted special use in an R-3 zoning district. Both the replat request and special use permit request went before the Planning Commission on March 2, 2005 and were unanimously approved. These items will go before the City Council on March 28, 2005. Ms. Stromberg stated City Code requires that churches with a special use permit in an R-3 Multi-Family zoning district follow the CR-1, General Office standards for building and site requirements. The CR-1 section of the code requires a rear yard setback of 25 feet. Therefore, the petitioner is seeking a variance to reduce the rear yard setback from 25 feet to 9.81 feet in order to recognize and correct an existing non-conformity. Ms. Stromberg stated that City Staff recommends approval of this variance request as the variance simply recognizes a pre-existing condition and approving this variance should not set a precedent for other churches in Fridley. Commissioner Vos commented that the fact that this is a corner lot may have contributed to the confusion as to the rear yard and side yard setback requirements at the time of construction in 1956. Commissioner Kuechle asked if the setback regulations were the same in 1956 as they are now. Ms. Stromberg responded they were the same. Commissioner Vos asked about the driveway through the vacant lot which provides access to the alleyway. Ms. Stromberg stated two properties to the north of the church property that use this driveway to access the alley. Pastor Dale Christiansen, Roslyn Park Church, stated he's not sure what happened in 1956 that the setbacks were not met. To the north of their property, that neighbor attends the church and has never had any difficulties with the church location on the lot. CITY OF FRIDLEY APPEALS COMMISSION MEETING March 9, 2005 Page 3 of 5 Commissioner Vos asked if the vacant lot is actually needed by the church for parking. Pastor Christiansen explained that the congregation purchasing the church and the vacant lot has a smaller congregation and the existing parking lot on the church site is adequate. The alley access on the vacant lot was built with expansion in mind, that it would eventually be a parking lot. MOTION by Commissioner Sielaff, seconded by Commissioner Vos, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 7:43 PM. Commissioner Vos and Commissioner Sielaff both commented that since this is an existing non- conformity, they would have no objections to this proposal. MOTION by Commissioner Vos, seconded by Commissioner Sielaff, to approve variance request VAR #05-04, by Roslyn Park Wesleyan Church to reduce the rear yard setback from 25 feet to 9.81 feet to recognize an existing non-conformity of the existing church building, generally located at 5300 6th Street NE. UPON A VOICE VOTE,ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. Variance Request VAR#05-05 by Roslyn Park Wesleyan Church to reduce the front yard setback from 35 feet to 18.47 feet to recognize an existing non- conformity of the existing house, and to reduce the side yard setback on a corner lot from 35 feet to 29.67 feet to recognize an existing non-conformity of the existing house, generally located at 401 53rAvenue NE. MOTION by Commissioner Vos, seconded by Commissioner Sielaff, to open the public hearing. UPON A VOICE VOTE,ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 7:45 PM. Ms. Stromberg stated the petitioner, Pastor Dale Christiansen, is seeking a variance to reduce the front yard setback from 35 feet to 18.47 feet and a variance to reduce the side yard setback on a corner lot from 35 feet to 29.67 feet. Both of these variances are to recognize existing non- conformities at a home that the church owns at 401 53rd Avenue. Ms. Stromberg reviewed the summary of hardship submitted by the petitioner as follows: "We are requesting a variance for our present parsonage at 401 53rds Avenue, which was built in 1965. As we investigated a plan to divide this house from the church in order to sell it separately, we were advised that we needed variances for the setback from 5th Street and from 53rd Avenue in order to conform to city codes." Ms. Stromberg explained this property is zoned R-3 Multi-Family. The properties to the north, west and east are also zoned R-3. Columbia Heights is south of the subject property. The property is located on the corner of 5th Street and 53�d Avenue. The existing home fronts on 53`d Avenue; however 5th Street is considered the front yard as it's the property's narrowest street frontage. The existing home and garage were constructed in 1965. When the house was CITY OF FRIDLEY APPEALS COMMISSION MEETING March 9, 2005 Page 4 of 5 constructed in 1965, it was deficient in meeting the required front yard and side yard setback. Consequently, the petitioner is seeking a variance to recognize these existing non-conformities. Ms Stromberg further explained that as with the variance request for the church, this variance request is also coming before us as a result of the petitioner's plans to relocate their congregation to Spring Lake Park and their desire to have the property in compliance before they sell it. Roslyn Park Church has found another congregation to purchase the church building and the vacant lot north of 5315 5th Street. Roslyn Park Church, Ms. Stromberg stated, is also requesting a replat of their property to allow the church to separate the property they own and create two single lots, one of which is located at 401 53rd Avenue and the other at 5315 5th Street. This replat will also allow for a new configuration for the church lot to include 5300 6th Street and the vacant lot north of 5315 5th Street. Ms. Stromberg stated City Code requires a front yard setback of 35 feet and a side yard setback of 35 feet on a corner lot in an R-3, Multi-Family zoning district. Due to the placement of the home on the lot when it was constructed, the petitioner is seeking a variance to reduce the front yard setback from 35 feet to 18.47 feet and a variance to reduce the side yard setback from 35 feet to 29.67 feet in order to recognize and correct an existing non-conformity. Staff's recommends approval of this variance, Ms. Stromberg explained, as it is simply recognizing a pre-existing condition Commissioner Vos commented that if this property were zoned R-1, the 29 .67 foot setback would be sufficient. He also questioned if the house could fit on this property at all and meet all setback requirements. Commissioner Sielaff asked if these setback requirements were in effect when the home was built in 1965. Ms. Stromberg responded they were. Commissioner Kuechle stated that the Commission has seen quite a few of these types of variance requests on corner lots because of the confusion between rear and side yard setbacks. Pastor Dale Christiansen stated he doesn't know why the setbacks were not met when the house was originally constructed, but they want everything in proper order now before they sell it to a private party. MOTION by Commissioner Vos, seconded by Commissioner Sielaff, to close the public hearing. UPON A VOICE VOTE,ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY AT 7:50 PM. Commissioner Sielaff and Chairperson Kuechle commented that this is an existing non- conformity and that they have no objections to this proposal. MOTION by Commissioner Sielaff, seconded by Commissioner Vos, to approve Variance Request VAR #05-05, to reduce the front yard setback from 35 feet to 18.47 feet to recognize an existing non-conformity of the existing house and to reduce the side yard setback on a CITY OF FRIDLEY APPEALS COMMISSION MEETING March 9, 2005 Page 5 of 5 corner lot from 35 feet to 29.67 feet to recognize an existing non-conformity of the existing house, generally located at 401 53rd Avenue NE. UPON A VOICE VOTE,ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. Update on Planning Commission & City Council Actions Ms. Stromberg stated the March 23 Appeals Commission meeting has been cancelled. ADJOURNMENT: MOTION by Commissioner Vos, seconded by Commissioner Sielaff, to adjourn. UPON A VOICE VOTE,ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 8:54 PM. espec trmitt e cca Brazys ecording Secretary ANOKA COUNTY MINNESOTA , Document No.: 482613.003 TORRENS I hereby certify that the within instrument was filed in this office for record on: 04/22/2005 3:39:00 PM , Fees/Taxes In the Amount of: $29.50 MAUREEN J. DEVINE Anoka County Property Tax Administrator/Recorder/Registrar of Titles GKE, Deputy Record ID: 1549621