Loading...
VAR 04-06P 1 1 �a- STATE OF MINNESOTA ) APPEALS COMMISSION PROCEEDINGS VARIANCE COUNTY OF ANOKA CITY OF FRIDLEY In the Matter of: A Variance, VAR #04-06 Owner: George D. Scott & Patricia A. Scott The above entitled matter came before the Appeals Commission of the City of Fridley and was heard on the 26th day of May, 2004, 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 25 feet to 22.3 feet to allow the construction of an addition, legally described as the west 90 feet of Lots 1 & 2, Block 3, of Shaffer's Subdivision No. 1, subject to easement of record, according to the duly recorded plat on file in the office of the Anoka County Recorder, generally located at 876 -76th Avenue NE. IT IS ORDERED that a variance be granted as upon the following conditions or reasons: Approval with three stipulations. See Appeals Commission meeting minutes of May 26, 2004. STATE OF MINNESOTA ) COUNTY OF ANOKA ) CITY OF FRIDLEY ) OFFICE OF THE CITY CLERK I, Debra A. Skogen, City Clerk for the City of Fridley, with and in for said City of Fridley, do hereby certify that 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 16 fh day of 2004. DRAFTED BY: City of Fridley 6431 University Avenue N.E. �a Fridley, MN 55432 Debra A. Skogen, City Clerk l {SEAL), Variances are valid for a period of one year following approval and shall be considered void if not used within that period. A CITY OF FRIDLEY APPEALS COMMISSION MEETING MAY 26, 2004 CALL TO ORDER Chairperson Voss called th May 26, 2004 Appeals Commission meeting to order at 7:30 p.m. ROLL CALL Members Present: Ihn Vos, Sue Jackson, Blaine Jones, and Gary Zinter Members Absent: /Lang Kuechle Others present: Stacy Stromberg, Planner Rebecca Brazys, Recording Secretary George Scott, Petitioner, 876 76th Avenue NE Patricia Scott, Petitioner, 876 76th Avenue NE Arnold Gilbertson, Petitioner, 181 Talmadge Way NE Peter Mondoux, Petitioner's representative, 653 Jefferson St. NE Susan Brenny, Petitioner, 1313 Hillcrest Drive NE MOTION by hs. Jackson, seconded by Mr. Zinter to approve the May 12th minutes. UPON A VICE VOTE, ALL VOTING AYE, CHAIRPERSON VOS DECLARED THE MOTION CARRIED NANIMOUSLY. PUBLIC HEARING PUBLIC HEARING: VARIANCE REQUEST, VAR #04-06, BY GEORGE & PATRICIA SCOTT. Per Section 205.07.3.D.(1) of the Fridley Zoning Code, to reduce the front yard setback from 25 feet to 22.3 feet to allow the construction of an addition, legally described as the west 90 feet of Lots 1 & 2, Block 3, of Shaffer's Subdivision No. 1, according to the duly recorded plat on file in the office of the Anoka County Recorder, generally located at 876 -76th Avenue. MOTION by Mr. Zinter, seconded by Mr. Jones, to waive the reading and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON VOS DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 7:34. Ms. Stromberg stated the petitioners are seeking a variance to reduce the required front yard setback from 25 feet to 22.3 feet to allow construction of an addition to the front of their home located at 876 76th Avenue. Ms. Stromberg stated, the hardship as submitted by the petitioner reads, "76th Avenue is a one block long street between Van Buren Street and Able Street. Our home is the only house on the south side of 76th Avenue that faces the street. Our neighbor to the west faces Van Buren Street and our neighbor to the east faces Able Street. Their backyards abut our side yards and CITY OF FRIDLEY APPEALS COMMISSION MEETING, MAY 26, 2004 Page 2 of 7 are closer than 25 feet to their property lines, so our addition will not disrupt spatial separations and sight lines. I believe that granting this request will not in any way adversely affect the neighborhood, cause any hardships, endanger public safety or health, or disrupt open space, but will improve the property and neighborhood." Ms. Stromberg stated the property is zoned R-1 Singgle Family as are all surrounding properties. The property is located on a one block stretch of 76t Avenue between Van Buren Street on the west and Able Street on the east. The existing home was constructed in 1959 with an addition constructed in 1974. The existing garage was built in 1997. Ms. Stromberg stated the City Code requires a minimum front yard setback of 25 feet for all structures. The petitioner is requesting a variance to reduce the front yard setback requirement to 22.3 feet to allow the construction of an addition. Ms. Stromberg stated that the subject property is the only one within this one block stretch of 76th Avenue that has a front yard facing 76th Avenue. The houses on either side of the subject property face Able Street or Van Buren Street and have their side yards on 76th Avenue. The side yard setback requirement on a corner lot is 17.5 feet. Due to the setback difference between the petitioner's property and his neighbor's, site lines are impacted. The petitioners are requesting to extend their home to a front yard setback similar to their neighbor's side yard setback at 22.7 feet. Ms. Stromberg stated that City Staff had GIS do a search of the city and found that only 8 properties came close to being similar to the petitioner's situation out of 6,556 single family parcels within the City of Fridley. Therefore, granting this variance would not be precedent setting for developed or undeveloped lots in Fridley, as this situation is unique to very few lots in Fridley. Additionally, granting this variance will allow the petitioners to reinvest in their home. Ms. Stromberg stated that City Staff recommends approval of this variance request as the situation is unique to a small number of Fridley parcels and it should not be precedent setting for other developed or undeveloped lots in Fridley. Ms. Stromberg stated staff recommends that if the variance is granted, the following stipulations be attached. 1. Petitioner shall obtain all necessary building permits prior to construction of any addition. 2. Addition shall meet all other zoning code requirements, including but not limited to setbacks, height and lot coverage. 3. Addition shall be architecturally compatible with existing home. Mr. Jones stated with only 8 similar situations in the city, it is unlikely that this will come up again. Dr. Vos stated the 22.3 setback goes to the corner of the addition, not to the porch on the addition. He asked how far the petitioner can build out from that 22.3. Ms. Stromberg stated they can extend five feet into the front yard setback as long as the porch doesn't exceed 50 square feet. CITY OF FRIDLEY APPEALS COMMISSION MEETING, MAY 26, 2004 Page 3 of 7 Mr. and Mrs. Scott, the petitioners, stated they have met with City Staff and fully understand the procedure and agree with the stipulations. They want to improve the appearance of their property and will add landscaping at a later time. Their neighbors have been very supportive. MOTION by Mr. Zinter, seconded by Ms. Jackson to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHARIPERSON VOS DECLARED THE MOTION CARRIED UNAMINOUSLY AND THE PUBLIC HEARING CLOSED AT 7:40 P.M. Mr. Zinter stated this is a small variance request and the addition will be a positive impact on the property. Mr. Jones stated he can see the need for the variance, but he understands the hardship and supports the variance. Ms. Jackson agreed that the site lines will be better as a result of this variance. Dr. Vos stated he viewed the property and believes the variance will allow for an improvement in the site lines. MOTION by Mr. Jones, seconded by Ms. Jackson to approve VAR #04-06, by George & Patricia Scott, to reduce the front yard setback from 26 feet to 22.3 feet to allow for the construction of an addition, legally described as the west 90 feet of Lots 1 & 2, Block 3, of Shaffer's Subdivision No. 1, according to the duly recorded plat on file in the office of the Anoka County Recorder, generally located at 876 76th Avenue, with the following stipulations: 1. Petitioner shall obtain all necessary building permits prior to construction of any addition. 2. Addition shall meet all other zoning code requirements, including but not limited to setbacks, height and lot coverage. 3. Additions shall be architecturally compatible with existing house. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON VOS DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. GILBERTSON. Per Se ion 205-07.3.D(3)((a)) of the Fridley Zoning Code, to reduce the rear yard setb k from 26.8 feet to 25 feet to allow the construction of a three season porch, legal dribed as northerly 135 feet of Lot 5, Block 1, Elwells Riverside Heights (as measure along easterly line parallel with northerly line thereof), subject to easement of cord, generally located at 181 Talmadge Way NE. MOTION by Ms. Jackson seconded by Mr. Jon , to waive the reading and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRP"SON VOS DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARINQ OPEND AT 7:44 P.M. Ms. Stromberg stated the petitioner is seeking a variance to hequce the rear yard setback from 26.8 feet to 25 feet to allow the construction of a 12 foot by 26 f t three season porch in the exact location of their existing deck at their home located at 181 Tknadge Way. I CITY OF FRIDLEY APPEALS COMMISSION MEETING, MAY 26, 2004 Page 4 of 7 Ms. Stromberg pres nted the petitioner's summary of hardship reads as follows: "We are wishing to build a thra season porch on the existing deck. This would enable us to get better use of this area durin the early spring and late fall. The existing deck would be removed." Ms. Stromberg stated a property is zoned R-1 Single Family as are all surrounding properties. The property is located n the east side at the end of the Talmadge Way cul-de-sac. The existing home was cons ructed in 1959 with an addition being constructed in 1983. The existing garage was built in 1970 Ms. Stromberg stated that the City code requires a rear yard setback with a depth of not less than 25% of the lot depth. the petitioner's case, the minimum rear yard setback is 26.8 feet. The petitioner currently has 12 foot by 26 foot deck off the back of his home. He is requesting a variance to convert his exi ting deck into a three season porch which will be deficient in meeting the rear yard setback requirement by 20 inches. Ms. Stromberg stated the staff i% in the past. • VAR #04-03 5365 Matter from 25 feet to 16.4 feet. • VAR #02-16 6065 McKin from 32 feet to 14 feet. as no recommendation as similar variances have been granted Drive. Variance approved to reduce the rear yard setback Variance approved to reduce the rear yard setback Ms. Stromberg stated that if the vanan a is granted, the following stipulation shall be attached: 1. Petitioner shall obtain all nessary building permits prior to construction of the three season porch. Mr. Jones asked if the deck was built w%hen house was built. Ms. Stromberg stated she could find no buildir)9 permit on file for the deck. Mr. Jones asked if the petitioner would be Ms. Stromberg stated the deck can encroach into could build a deck. Arnold Gilbertson, petitioner, stated the stipulation to build a deck off the three season porch. rear yard setback by 10 feet, so they Mr. Jones asked if the deck was part of the original house. ded by staff is acceptable. Mr. Gilbertson responded the deck was added 15 years ago o\t0hearrowing oncrete patio. The deck and concrete pad will be removed to allow for the constructionthree season porch. He pointed out that the north setback is adequate but because of the lot to the south, the rear yard smaller. MOTION by Mr. Zinter, seconded by Mr. Jones to close the public hea\'ng.UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON VOS DD THE MOTION CARRIED UNAMINOUSLY AND THE PULBIC HEARING CLOSED P.M. Ms. Jackson stated that the existing deck fits the structure and the lot so replacig it with an addition of the same size is not a problem to her. ABSTRACT Receipt ❑ lncorrectlNo Reference j &-27 . Q clan -standard Dcc=ent Datelrime ❑ Certified Copy/ Document Order I cf PIN Rec ^- ecordabi6ty � �• - Fling Fees " r ❑Tax LierURelease Copy/Additional Pg Fees ❑ •Transfer 'Nell Cert Fees ❑ Division ❑ Incomplete Form ❑ Status ❑ Missing Attachment ❑ New legal Description ❑ No Legal Description ❑ GAC [] clan -existent Legal Description ❑ Deferred Specials r—r ,, : I*No Change DOCUMENT NO. ANOKA 'G6AW -m'm'Rg6TA I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS FILED IN THIS OFFICE FOR RECORD ON AT JUN 14 2004 AND WAS DULY RECORDED. FEES A tAg IN'?iW AMOUNT OF PAID. $20.00 RECEIPT NO. 2004084074 MAUREEN J. DE14NE ANOKA COUNTYPROPERTY TAXADMINISTRATOR/RECORDER/REGISTRAR OFTMLES JMH BY DEPUTY PROPERTY TAX ADMINISTRATOR/RECORDER/REGISTRAR OF TITLES f LK MYOF FRIDLEY l FRIDLEY MUNICIPAL CENTER - 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 - (763) 571-3450 - FAX (763) 571-1287 APPEALS COMMISSION ACTION TAKEN NOTICE May 28, 2004 George & Patricia Scott 876 -76th Avenue NE Fridley MN 55432 Dear Mr. & Mrs. Scott: On Wednesday, May 26, 2004, the Fridley Appeals Commission officially approved your Variance, VAR #04-06, to reduce the required front yard setback from 25 feet to 22.3 feet to allow the construction of an addition to the front of the home, legally described as the west 90 feet of Lots 1 & 2, Block 3, of Shaffer's Subdivision Number 1, according to the dul� recorded plat on file in the office of the Anoka County Recorder, generally located at 876-76 Avenue NE. Approval of this variance is contingent upon the following stipulations: 1. Petitioner shall obtain all necessary building permits prior to construction of any addition. 2. Addition shall meet all other zoning code requirements, including but not limited to setbacks, height and lot coverage. 3. Additions shall be architecturally compatible with existing home. You have one year from the date of the Appeals Commission action to initiate construction. If you cannot begin construction during this time, you must submit a letter requesting an extension at least three weeks prior to the expiration date. If you have any questions regarding the above action, please call me at 763-572-3595. Si cerely, Stacy t berg Planner SS/jb cc:anc-�� Mary Hintz Stacy Stromberg Please review the above, sign the statement below and return one copy to the City of Fridley Planning Department by June 14, 2004. Concur with action taken. C-04-59 City of Fridley Land Use Application VAR #04-06 May 26, 2004 GENERAL INFORMATION SPECIAL INFORMATION Applicant: George and Patricia Scott 87676 th Avenue NE Fridley MN 55432 Requested Action: Variance reducing the required front yard setback. Existing Zoning: R-1 (Single Family Residential) Location: 87676 th Avenue Size: 14,400 sq. ft. .33 acres Existing Land Use: Single Family Home. Surrounding Land Use & Zoning: N: Single Family & R-1 E: Single Family & R-1 S: Single Family & R-1 W: Single Family & R-1 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Section 205.07.3.1)(1) requires a front yard setback of twenty-five (25) feet for all structures. Zoning History: 1950 — Lot is platted. 1959 — Home is built. 1974 — Addition to home. 1997 — Shed built. 1997 — Garage built. Legal Description of Property: West 90 ft. of Lot 1 & 2, Block 3, Shaffer's Subdivision #1. Public Utilities: Home is connected. Transportation: 76th Avenue provides access to the residence. Physical Characteristics: Typical suburban lot and landscaping. SUMMARY OF PROJECT The petitioners, Mr. and Mrs. Scott are seeking a variance to reduce the required front yard setback from 25 feet to 22.3 feet to allow the construction of an addition to front of their home, which is located at 876 76th Avenue. SUMMARY OF HARDSHIP "76th Avenue is a one block long street between Van Buren Street and Able Street. Our home is the only house on the south side of 67th Avenue that faces the street. Our neighbor to the west faces Van Buren Street and our neighbor to the east faces Able Street. Their backyards abut our side yards and are closer than 25 feet to their property lines, so our addition will not disrupt spatial separations and sight lines. I believe that granting this request will not in anyway adversely affect the neighborhood, cause any hardships, endanger public safety or heath, or disrupt open space, but will improve the property and neighborhood." - George Scott SUMMARY OF ANALYSIS City Staff recommends approval of this variance request. ■ Situation is unique to a small amount of Fridley parcels. ■ Should not be precedent setting for other developed or undeveloped lots in Fridley. CITY COUNCIL ACTION/ 60 DAY DATE City Council — June 14, 2004 60 Day — June 21, 2004 (Existing Home) Staff Report Prepared by: Stacy Stromberg VAR #04-06 REQUEST Petitioners, George and Patricia Scott, are seeking a variance to reduce the required front yard setback from 25 feet to 22.3 feet in order to allow the construction of 12 ft. by 20 ft. addition onto the front of their home, which is located at 876 76th Avenue. ANALYSIS AND CODE REQUIREMENTS The property is zoned R-1 Single Family as are all surrounding properties. The property is located on a one block stretch of 76th Avenue between Van Buren Street on the west and Able Street on the east. The existing home was constructed in 1959, with an addition being constructed in 1974. The existing garage was built in 1997. Existing Home City Code requires a minimum front yard setback of twenty-five (25) feet for all structures. The petitioner is requesting a variance to reduce the front yard setback requirement to 22.3 feet to allow the construction of an addition. The subject property is the only one within this one block stretch of 76th Avenue that has a front yard facing 76th Avenue. The houses on either side of the subject property face Able Street or Van Buren Street and have their side yards on 7e Avenue. The side yard setback requirement on a corner lot is 17.5 feet. Due to the setback difference between the petitioner's property and his neighbor's, site lines are impacted. The petitioners are requesting to extend their home to a front yard setback, which is similar to his neighbor's side yard setback at 22.7 feet. View looking east on 76`" Avenue City staff had GIS do a search of the city and found very few properties in this same situation. Only 8 properties came close to being similar to the petitioner's situation out of 6,556 single family parcels within the City of Fridley. Therefore, granting this variance would not be precedent setting for developed or undeveloped lots in Fridley, as this situation is unique to very few lots in Fridley. Additionally, granting this variance will allow the petitioners to re -invest in their home. 7RTL4 eve 7585 8T6 7584 7561 7562 7555 7550 7541 7528 7527 7520 7501 7500 I is 1757 I 751 75. 7514 m 17 Z Cd 750Q cn � 75TH AVE �. City staff has received no comments from neighboring property owners. SUMMARY OF HARDSHIP 77 Avenue is a one block long street between Van Buren Street and Able Street. Our home is the only house on the south side of 67th Avenue that faces the street. Our neighbor to the west faces Van Buren Street and our neighbor to the east faces Able Street. Their backyards abut our side yards and are closer than 25 feet to their property lines, so our addition will not disrupt spatial separations and sight lines. I believe that granting this request will not in anyway adversely affect the neighborhood, because any hardships endanger public safety or heath, or disrupt open space, but will improve the property and neighborhood." - also see attached hardship statement. - George Scott RECOMMENDATIONS City Staff recommends approval of this variance request. • Situation is unique to a small amount of Fridley parcels. • Should not be precedent setting for other developed or undeveloped lots in Fridley. STIPULATIONS Staff recommends that if the variance is granted, the following stipulations be attached. 1. Petitioner shall obtain all necessary building permits prior to construction of any addition. 2. Addition shall meet all other zoning code requirements, including but not limited to setbacks, height and lot coverage. 3. Additions shall be architecturally compatible with existing home. Ladies and Gentlemen Of the Appeals Board We are requesting a variance to Fridley's property setback requirements in order to construct an addition to the front of our house. The addition, as planned, will be 20' wide and 12' deep with a covered front steps that extend 4 feet from the front of the addition as shown on the accompanying plans. This will put the addition 7 feet beyond the set back. Seventy sixth Ave is a one block long street between Van Buren and Able. Our home, at 876 76h Ave NE, is the only house on the south side of 76" that faces the street and is directly across from Wood Crest elementary schools playground. No one lives directly across the street from our home. There is one home on the north side that faces 7e but it is not across from us. Our neighbor to the west faces Van Buren and our neighbor to the east faces Able. Their back yards abut ours. According to your records, both appear to not be in compliance with the set back codes as our east neighbor has a garage that is built on the property line along 76th and our west neighbors house is over the setback and in line with the front of our proposed addition. See accompanying photos. I only mention this in order to show that our proposed addition will not disrupt spatial separations and sight lines. Our house is our family's gathering center and with five daughters, seven grand children, brothers, sisters, and nephews, when the family gathers .....well, it's very crowded with no place to sit and eat. This addition to our house will enhance its' livibilty by : enlarging a very small front living room and adding an eating area. • allowing for the addition of basement sleeping space. Currently we have two bedrooms, but with this addition and three egress windows we will add sleeping space in the basement. • allowing us to enlarge a very small galley style kitchen. The addition provides us a way to relocate the stairway down to the basement . We can then remove the current stairway, totally opening up the home's interior and letting us enlarge the kitchen. In conclusion, I believe that the granting of this request will not in anyway adversely affect the neighborhood, cause any hardships, endanger public safety or health or disrupt open space but will, in fact, improve the property and neighborhood. It will provide a great aesthetic improvement to the outside of our home and drastically improve it's current livability. Th youf r your s' eration, � Geor an atncia S tt 876 76" Ave NE W A view to the West towards Van Buren from my front Steps A view to the East towards Able also from the front steps. A view across the street from the front steps. CITY OF FRIDLEY 6431 UNIVERSITY AVENUE FRIDLEY, MN 55432 (763) 572-3592 COMMUNITY DEVELOPMENT DEPARTMENT VARIANCE APPLICATION FOR: Residential Commercial/Industrial Signs PROPERTY INFORMATION: (sit plan required for submittal, see attached) Address: i� A.1E7 Property Identification Numl3er: Legal Description: Block Tract/Addition S Current Zoning:/�_ � Square Footage/acreage: Reason for Variance: = LT �e.'11�= �r���«cd TE�&•d� P,US . 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 AIAIA/IVAIiY/Y/YIYAI.V•Y1/�I.O.../A1ti/Y1/YIY.VM•.IIVAIiVM1VMIV.►IIVIVMIV�./.Y.VMIV•./'V,V.VMIV..//./IV../.VO.I•./�IIYAI•YA/A/.V1Y1�.//Y•.VNAI/.IAIN�I/.V.Y/Y.VIV.V�V FEE OWNER INFORMATION (as it appears on the property title) (Contract urchasers: Fee owners must sign this orm prior toprocessing.) NAME: 10 S, ADDRESS: DAYTIME PH NE:'SIGNATURE/DATE: . � A/AI/Y.Y1IY•VIVA/�ViVA/.V/�/-/1i.IM.VA.I/V•.I/•AVIV/YA//VII/.VA1I�I/.VI.VNA./IVAIIVIV/.I/Y/.1.VIV/�INIVIYM1VMI1/IVN.YA/M../IV/Y/Y M•Y.Y.YA/ ��V PETITIONER INFORMATION NAME: ADDRESS: * Zt DAYTIME PHONE://_7� SIGNATURE/DATE:ot ► I•//j� MVA/M.VIVIVIIVAI/V/�I//AYA//./IV.V.VIVIVIVIV/VIV/bA/IVIVIVA/IVA//..IV/../.OIVAIIV/V/.IIA/AIA/AIA/IVIVII./MA//.i/IVAIA/AIA/IVA/IVIY/A/MM`a!?�M/yIV/y� Section of City Code: FEES Fee:..8'0 for commercial, industrial, or signs: Fee: $60.00 for residential ropert}'es• Receipt #: Received By: Application Number: L/— Scheduled Appeals Commission Date:tna fib® Scheduled' City Council Date: 10 Day Application Complete Notification ate:� 60 Day Date: If- VARIANCE APPLICATION SUBMISSION CHECKLIST The following shall be the minimum submission requirements to the Appeals Commission. Applications will not be accepted if the following is not submitted: RESIDENTIAL: ITEM SUBMITTED RECEIVER'S COMPLETE REVIEWER'S INITIALS INITIALS Completed application, with fee (Application is considered complete if all blanks are completed, and both fee owner and petitioner have signed.) Scaled certificate of survey, by a certified surveyor, of property showing north arrow, existing and proposed structures, lot and block number, adjacent street names, and buildings on adjacent lots within 10 feet of the common lot lines. Elevation of building and description of materials. Narrative of proposed building, and hardship statement. COMMERCIAL AND INDUSTRIAL: ITEM SUBMITTED RECEIVER'S COMPLETE REVIEWER'S INITIALS INITIALS Completed application, with fee (Application is considered complete if all blanks are completed, and both fee owner and petitioner have signed.) Scaled certificate of survey, by a certified surveyor, of property showing north arrow, existing and proposed structures, lot and block number, adjacent street names, and buildings on adjacent lots within 10 feet of the common lot lines. Elevation of building and description of materials. Landscape plan for all projects requiring a parking lot expansion of four 4 or mores aces. Grading and drainage plan. Erosion control plan. CITY OF FRIDLEY PUBLIC HEARING NOTICE BEFORE THE APPEALS COMMISSION TO: All property owners/residents within 350 feet of property generally located at 876 -76th Avenue NE. CASE NUMBER: Variance, VAR #04-06 APPLICANT. George and Patricia Scott Petitioner or representative must attend the Appeals Commission meeting. PURPOSE. Petitioner is requesting a variance to reduce the front yard setback from 25 feet to 22.3 feet to allow the construction of an addition. LOCATION OF 876-76 thAvenue NE PROPERTY AND LEGAL The west 90 feet of Lots 1 & 2, Block 3, of Shaffer's DESCRIPTION: Subdivision Number 1, according to the duly recorded plat on file in the office of the Anoka County Recorder. DATE AND TIME OF Appeals Commission Meeting: HEARING: Wednesday, May 26, 2004, 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 Paul Bolin, Planning Coordinator, at 6431 University Avenue NE., 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 May 20, 2004. The TDD # is 763-572-3534. ANY QUESTIONS: Contact Stacy Stromberg, Planner, at 763-572-3595. City of Fridley OE Community Develoment Department Public Hearing Notice LEGEND 76th Avenue all m a� m Variance Request #04-06 876 76th Avenue Petitioner: George and Patricia Scott N Sources: A Fridley Engineering Fridley GIS Anoka County GIS Map Date: 5/3/04 BactAddress 25 Bad Address 29 ABLE PROPERTY MANAGEMENT INC Bad Ad ss 32 COON-'RAPIDSMN55433 ABLE PR PERTY MGMT INC Bad Ad ss 24 COON/RAPIDSMN55433 ALBRECHT JOHN S & NANCY M 7562 ABLE ST NE FRIDLEYMN55432 CARLSON STEVEN B & JOANNE M Bad Ad ss 21 FRIDLErYMN55421 CURR T RESIDENT Bad dress 1 FRI LEYMNO CURR T RESIDENT Bad dress 12 FRI EYMN CURRENT RESIDENT Bad Oddress 15 FRI LEYMN55432 Bad Address 26 Bad Address 31 ABLE PFXPERTY MANAGEMENT INC Bad A06ress 33 COON RAPIDSMN55433 ABLE PROPERTY MGMT INC Bad dress 27 COON RAPIDSMN55433 BASSETT DONALD C & KAREN G 7527 VAN BUREN ST NE FRIDLEYMN55432 CIERECK RICHARD E & NICOLE P 7570 VAN BUREN ST NE FRIDLEYMN55432 CURRENT RESIDENT Bad A ress 10 FRIIXEYMN55432 CURRENT RESIDENT Bad Address 13 FRID YMN55432 CURRE T RESIDENT Bad A ress 16 FRIDLEYMN55432 Bad Address 28 ABLE PROPERTY MANAGEMENT INC Bad ress 30 COON RAPIDSMN55433 ABL/OPERTY MANAGEMENT INC Badess 34 C ON RAPIDSMN55433 AGERBECK ELIZABETH M 7541 VAN BUREN ST NE FRIDLEYMN55432 BRAND BROADWAY ASSOC Bad dress 23 EN INOCA91436 CONDIFF HOWARD JR & KATHRYN 7561 VAN BUREN ST NE FRIDLEYMN55432 CURRE T RESIDENT Bad dress 11 F DLEYMN CURRENT RESIDENT Bad dress 14 FRKILEYMN CURRENT RESIDENT Bad A ress 17 FRIEYLEYMN55432 CURRE T RESIDENT CURRENT RESIDENT CURR NT RESIDENT Bad Aldress 2 Bad Ad ss 3 Bad ddress 4 FRIDLEYMNO FRIDL YMNO FR LEYMN55432 CUR,JET RESIDENT CURRENT RESIDENT CURRENT RESIDENT Bad'ess 5 Bad ress 6 Bad A ress 7 FRIDMN55432 FRID EYMNO FRIDLEYMN55432 CURR NT RESIDENT CURRENT RESIDENT GLOMSKI MICHAEL & MURRAY DEANI Bad dress 8 Bad A dress 9 7514 VAN BUREN ST NE FRI EYMN FRIQCEYMN FRIDLEYMN55432 GWANGANALIE LEEKA Z & ATOO R K IND SCHOOL DISTRICT #16 IND S OOL DISTRICT #16 7528 VAN BUREN ST NE Bad 4(ddress 18 Bad ddress 19 FRIDLEYMN55432 SPRING LK PARKMN55432 S ING LK PARKMN55432 IND SCHOOL DISTRICT #16 JOHNSTON SHANNON L KADEN CAROLYN R Bad A dress 20 7555 VAN BUREN ST NE 7616 VAN BUREN ST NE SPRING LK PARKMN55432 FRIDLEYMN55432 FRIDLEYMN55432 KLEMZ KEVIN M KULLA HOWARD J & SANDRA K LUEBECK ROGER L 7520 ABLE ST NE 7585 VAN BUREN ST NE 7528 ABLE ST NE FRIDLEYMN55432 FRIDLEYMN55432 FRIDLEYMN55432 OMLIE KENNETH R REED ADELINE M TRUSTEE REIDNER ERIN L & BENESCH BRIAN 7500 ABLE ST NE 7556 VAN BUREN ST NE 7600 VAN BUREN ST NE FRIDLEYMN55432 FRIDLEYMN55432 FRIDLEYMN55432 ROOTKIf B M & OCH ROOTKIE D L SCHULTZ EDWARD A & JUDY M SCOTT GEORGE D & PATRICIA Bad Ad ess 22 7501 VAN BUREN ST NE 876 76TH AVE NE FRIDL YMN55432 FRIDLEYMN55432 FRIDLEYMN55432 STUBFORS ARTHUR R & REBECCA A VANG MAO WALLIN DAVID & SKEATE NICOLE 7584 ABLE ST NE 7542 VAN BUREN ST NE 7590 VAN BUREN ST NE FRIDLEYMN55432 FRIDLEYMN55432 FRIDLEYMN55432 WOELM SCOTT D 7550 ABLE ST NE FRIDLEYMN55432 CIZYOF FRIDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 • (763) 571-3450 • FAX (763) 571-1287 May 3, 2004 George and Patricia Scott 87676 1h Avenue NE Fridley MN 55432 Dear Mr. and Mrs. Scott: 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 on April 23, 2004. 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 May 26, 2004 at 7:30 P.M. in the City Council Chambers at 6431 University Avenue. If you variance application needs to be reviewed by the City Council, the meeting will be held on June 14, 2004 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, i Stacy St berg Planner C-04-45 I/ O� ✓ l G� v�C4- — ACU' a� '��'e�.-•– V r/ V L,� C13 -3 ` w'f",,� Development Review Committee Worksheet Address: 876 7e Avenue ❑ Paul Bolin ❑ Grant Fernelius ❑ Kevin Hanson ❑ Jon Haukaas ❑ Scott Hickok Land Use Case # VAR #04-06 ❑ Dave Jensen ❑ Layne Otteson ❑ Julie Jones ❑ Police Rep. Ron Julkowski ❑ Mary Smith ❑ Ralph Messer ❑ Stacy Stromberg Planning Issues: ❑ Setbacks ❑ Lot coverage ❑ Allowable square footage ❑ Height ❑ Landscape ❑ Hardship statement/narrative ❑ Buildina Issues: ❑ IBC Stipulations: Comments: Enaineerina Issues: ❑ Drainage ❑ Utilities ❑ Curbing requirements Fire Issues: ❑ Truck access o Sprinkler requirements ❑ Hydrant location Development Review Committee Worksheet Address: 876 7e Avenue ❑ Paul Bolin ❑ Grant Fernelius ❑ Kevin Hanson ❑ Jon Haukaas X Scott Hickok Land Use Case # VAR #04-06 o Dave Jensen ❑ Layne Otteson ❑ Julie Jones ❑ Police Rep. o Ron Julkowski o Mary Smith ❑ Ralph Messer o Stacy Stromberg . . Planning Issues: o Setbacks ❑ Lot coverage ❑ Allowable square footage ❑ Height o Landscape o Hardship statement/narrative Building Issues: ❑ IBC Ctintilatinnse ngineering Issues: ❑ Drainage o Utilities ❑ Curbing requirements ❑ Fire Issues: ❑ Truck access ❑ Sprinkler requirements ❑ Hydrant location Comments: Name:L, Date: / A0 Develoument Review Committee Worksheet Address: 876 7e Avenue Land Use Case # VAR #04-06 ❑ Paul Bolin ❑ ❑ Grant Fernelius ❑ ❑ Kevin Hanson ❑ ❑ Jon Haukaas ❑ Dave Jensen ❑ Layne Otteson Julie Jones ❑ Police Rep. Ron Julkowski ❑ Mary Smith Ralph Messer )< Stacy Stromberg ❑ Scott Hickok Planning Issues: Engineering Issues: ❑ Setbacks ❑ Lot coverage ❑ Allowable square footage ❑ ❑ ❑ Drainage Utilities Curbing requirements ❑ Height ❑ ❑ Landscape ❑ H rdshi statement/narrative x - f I . Fire Issues: A 41- W, ❑ Truck access I ❑ Sprinkler requirements Building Issues: ❑ Hydrant location ❑ IBC ❑ Stipulations: n Mi�IIE FROMM 1 il 1 .Oi �1�i � � r. 1i%m Name:Date: b Development Review Committee Worksheet Address: 876 76th Avenue Land Use Case # VAR #04-06 ❑ Paul Bolin ❑ Dave Jensen ❑ Layne Otteson Grant Fernelius ❑ Julie Jones ❑ Police Rep. o".., Kevin Hanson ❑ Ron Julkowski ❑ Mary Smith ❑ Jon Haukaas ❑ Ralph Messer ❑ Stacy Stromberg ❑ Scott Hickok Planning Issues: Engineering Issues: ❑ Setbacks ❑ Drainage ❑ Lot coverage ❑ Utilities ❑ Allowable square footage ❑ Curbing requirements ❑ Height ❑ ❑ Landscape ❑ Hardship statement/narrative 0 Fire Issues: ❑ Truck access ❑ Sprinkler requirements Building Issues: ❑ Hydrant location ❑ IBC ❑ ❑ Stipulations: Comments: Name: Date: � � � 61 Development Review Committee Worksheet Address: 876 76th Avenue ❑ Paul Bolin ❑ Grant Fernelius ❑ Kevin Hanson ❑ Jon Haukaas ❑ Scott Hickok Land Use Case # VAR #04-06 ❑ Dave Jensen ❑ Layne Otteson ❑ Julie Jones ❑ Police Rep. ❑ Ron Julkowski ❑ Mary Smith ❑ Ralph Messer ❑ Stacy Stromberg Planning Issues: ❑ Setbacks ❑ Lot coverage ❑ Allowable square footage ❑ Height ❑ Landscape ❑ Hardship statement/narrative Building Issues: ❑ IBC Stipulations: Name: Engineering Issues: ❑ Drainage ❑ Utilities ❑ Curbing requirements ❑ Fire Issues: ❑ Truck access ❑ Sprinkler requirements ❑ Hydrant location Date: 4 V A Bolin ❑ t Fernelius ❑ �Hanson ❑ aukaas ❑ Dave Jensen ❑ Layne O Julie Jones ❑ Police R Ron Julkowski ❑ Mary Sm Ralph Messer ❑ Stacy St Hickok ig Issues: -Engineering Issues: :backs coverage waole square footage ❑ ❑ ❑ Drainage Utilities Curbing requirements ight '' o dsc pe rdsh�p statement/narrative Fire Issues:- Ing issues: ❑ ❑ ❑ Truck access Sprinkler requirements Hydrant location tions: G ent$: - �a�Lr �2 ,� X20 3 rot Sn o :4A U51- �I Date: Z� Ilius ❑ Dave Jensen ❑ Layne Ott ❑ Julie Jones ❑ Police Re ❑ Ron Julkowski ❑ Mary Smit ❑ Ralph Messer ❑ Stacy Str Engineering Issues: ❑ Drainage ❑ Utilities care footage ❑ Curbing requirements rrative Fire Issues: ❑ Truck access ❑ Sprinkler requirements ❑ Hydrant location IL, /) ( - L�% I L001"C', -Ix * (/a &,- ( Date: �` rdship statement/narrative Fire Issues: ❑ Truck access j ❑ Sprinkler requiremen ina Issues. ❑ Hydrant location tions: en • _� Date. t_ t, 0at'`ti.' a`�gtaEpitY A w vor S; Mi 41, k dt�" 3 f e ORD' h l • � �5,1t'� Y �I Rte' z gy+, fix} f a y ar � � *� '•�� .� $ � a s` t i *i ye '`` j> fi'� P �.• _may p. •.: >5yT P �j� f �rY,.�A f+5'. " k;,, rN S'-'. [�� � e � ..t � _� * tom•, s t•r a% :> ,. a {-, .1 son 1Ay l all b y y. °t a Sec ea - ! • IS r i s { ,x4 >n �Y buy YXTK� 134 43 X. MIN t ? d. a (-'{Jet' 1 a fes`*� �., a.'c• 5 � evelo ment Review Committee Worksheet 876 76th Avenue Land Use Case # VAR #04- olin ave Jensen ❑ Layne 0 Fernelius ❑ Hanson ❑ aukaas ❑ Julie Jones ❑ Police R Ron Julkowski ❑ Mary Srr Ralph Messer ❑ Stacy St Hickok a-fisues: Enciineering Issues: acks ❑ Drainage coverage able square footage ❑ Utilities ❑ Curbing requirements ht ❑ scape ship statement/narrative Fire Issues: ❑ Truck access ❑ Sprinkler requirements va-ftsues: ❑ Hydrant location HOPS: I' n • ��, Date. t Paul Bolin ❑ Dave Jensen Layne Grant Fernelius ❑ Julie Jones ❑ Police Kevin Ha,pson Q Ron Julkowski ❑ Mary on Haukaas ❑ Ralph Messer ❑ Stacy Scott Hickok nnina Ilssues: Engineering Issues. Setbacks ❑ Drainage Lot coverage ❑ Utilities;. Allowable square footage ❑ Curbing requirements Height ^6 Landscape = Hardship statement/narrative Fire Issues: ❑ Truck access ❑ Sprinkler requirements ildinIssues: ❑ Hydrant location IBC ❑ P ulatio0s: ments: A Av-e- 2Z 3 r' 11Z me: Date: e. G Haul aas vM Hi�kok Ratph Messer ❑ Stacy S na Issues: tbac t cov� rage owa�le square footage ight ndscope Enciineerin4Issues: ❑ ❑ ❑ ❑ Drainage Utilities Curbing requirements rdsh'p statement/narrative = ii Fire Issues: ❑ Truck access ❑ Sprinkler requirements in Issues: ❑ Hydrant location C ❑ do s: I` en i �- i Date: '4-9-7- o ICIIu' U JUIN. JVI IGJ son ❑ Ron Julkowski gas ❑ Ralph Messer e square footage p statement/narrative ❑ Mary S Stacy Engineering Issues: ❑ Drainage o Utilities ❑ Curbing requirements Fire Issues: ❑ Truck access ❑ Sprinkler requirements ❑ Hydrant location ❑ Date: _"� 1 cpnd To Printer Back To TerraServer Change to 11 x17 Print Size Show Grid Lines Change to Landscape O —1100M 0` ' 'looyd Image courtesy of the U.S. Geological Survey © 2004 Microsoft Corporation. Terms of Use (Privacy Statement �j ..g �'`�ri z � ."4 �' � 3`+F� a �'{✓` >''� �t `P,�a: � & � > .- ��y�+x" "'`.. iC ;� yF.:. ',Jot54. it'. in � � 4- S� �$s;'*�� �'• ��'wt :` .� Ari � y .»€ �' ��' d•S`'� '�� ' " �� �,� �„� rt n � � Wt. �S. a�4, jT4 .:_.. q wM" 'A �" � 'A , r. � L �. - � y �•`' j}� s�' y�`i�,yy "-i ,d:.. � �3n- rt.�axEaJxf ttv � aw .,�^ • � 't �. M:� - '� ,fi - �'raia�t'+QlK. '^i"a kvr.xa.�s.j y. py. LL�CYi1P a5;�'tIE'� ry .Xt-Gr�N.sCJ•Sa'i4g�S'43'p ..��.'$;i � Yr . .S tr.:+.. .vtM � � `+4;�� t ��` �# t q .d• �•� 1`'.,{1. '•¢��(�'�.•' 3 ILI At '� �° �.. � �. °�` � � �. z _ � •- i. �^; 1 :'. # Vit.. s ,,�. �. � ��s...fAs��.� y � ..ted' .� � aM' t tf':7 ► �� v y �. Yom✓ "!.°' '6` �� � ¢ < ,xskAd� � �' ?` 'w,4T lk .`k fp t' � zic . � .� r� � 1'::3- � :+i, p•Y ��'s4 �' k�. �tr� ���'{ _ h AF>t � .�" - < F. , n �,. @ • .t � ,, � •,yam .,�'r ... v * � � � pF �k .,,� It iZ Tr 4#'-!S-* �y lil _� � �5 � � " �'". �� ,�. •sir ''�� '�� a,.a , sem" �. tT y',•�-• i Y e3e _ . 'F +.JL �. .'a b gyp; CITY OF FRIDLEY APPEALS COMMISSION MEETING MAY 26, 2004 CALL TO ORDER Chairperson Voss called the May 26, 2004 ROLL CALL Members Present: Ken Vos, Sue Members Absent: Larry Commission meeting to order at 7:30 p.m. , Blaine Jones, and Gary Zinter Others present: Stacy Stro berg, Planner Rebecca razys, Recording Secretary George cott, Petitioner, 876 76th Avenue NE Patric' Scott, Petitioner, 876 76th Avenue NE Amo Gilbertson, Petitioner, 181 Talmadge Way NE Pe r Mondoux, Petitioner's representative, 653 Jefferson St. NE S San Brenny, Petitioner, 1313 Hillcrest Drive NE MOTION by Ms. J kson, seconded by Mr. Zinter to approve the May 12th minutes. UPON A VOIC OTE, ALL VOTING AYE, CHAIRPERSON VOS DECLARED THE MOTION CARRIED UN IMOUSLY. PUBLIC HEARING 1. PUBLIC HEARING: VARIANCE REQUEST, VAR #04-06, BY GEORGE & PATRICIA SCOTT. Per Section 205.07.3.D.(1) of the Fridley Zoning Code, to reduce the front yard setback from 25 feet to 22.3 feet to allow the construction of an addition, legally described as the west 90 feet of Lots 1 & 2, Block 3, of Shaffer's Subdivision No. 1, according to the duly recorded plat on file in the office of the Anoka County Recorder, generally located at 876 -76th Avenue. MOTION by Mr. Zinter, seconded by Mr. Jones, to waive the reading and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON VOS DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 7:34. Ms. Stromberg stated the petitioners are seeking a variance to reduce the required front yard setback from 25 feet to 22.3 feet to allow construction of an addition to the front of their home located at 876 76th Avenue. Ms. Stromberg stated, the hardship as submitted by the petitioner reads, "76th Avenue is a one block long street between Van Buren Street and Able Street. Our home is the only house on the south side of 76th Avenue that faces the street. Our neighbor to the west faces Van Buren Street and our neighbor to the east faces Able Street. Their backyards abut our side yards and CITY OF FRIDLEY APPEALS COMMISSION MEETING, MAY 26, 2004 Page 2 of 7 - are closer than 25 feet to their property lines, so our addition will not disrupt spatial separations and sight lines. I believe that granting this request will not in any way adversely affect the neighborhood, cause any hardships, endanger public safety or health, or disrupt open space, but will improve the property and neighborhood." Ms. Stromberg stated the property is zoned R-1 Sinqle Family as are all surrounding properties. The property is located on a one block stretch of 76t Avenue between Van Buren Street on the west and Able Street on the east. The existing home was constructed in 1959 with an addition constructed in 1974. The existing garage was built in 1997. Ms. Stromberg stated the City Code requires a minimum front yard setback of 25 feet for all structures. The petitioner is requesting a variance to reduce the front yard setback requirement to 22.3 feet to allow the construction of an addition. Ms. Stromberg stated that the subject property is the only one within this one block stretch of 76th Avenue that has a front yard facing 76th Avenue. The houses on either side of the subject property face Able Street or Van Buren Street and have their side yards on 76th Avenue. The side yard setback requirement on a corner lot is 17.5 feet. Due to the setback difference between the petitioner's property and his neighbor's, site lines are impacted. The petitioners are requesting to extend their home to a front yard setback similar to their neighbor's side yard setback at 22.7 feet. Ms. Stromberg stated that City Staff had GIS do a search of the city and found that only 8 properties came close to being similar to the petitioner's situation out of 6,556 single family parcels within the City of Fridley. Therefore, granting this variance would not be precedent setting for developed or undeveloped lots in Fridley, as this situation is unique to very few lots in Fridley. Additionally, granting this variance will allow the petitioners to reinvest in their home. Ms. Stromberg stated that City Staff recommends approval of this variance request as the situation is unique to a small number of Fridley parcels and it should not be precedent setting for other developed or undeveloped lots in Fridley. Ms. Stromberg stated staff recommends that if the variance is granted, the following stipulations be attached. 1. Petitioner shall obtain all necessary building permits prior to construction of any addition. 2. Addition shall meet all other zoning code requirements, including but not limited to setbacks, height and lot coverage. 3. Addition shall be architecturally compatible with existing home. Mr. Jones stated with only 8 similar situations in the city, it is unlikely that this will come up again. Dr. Vos stated the 22.3 setback goes to the comer of the addition, not to the porch on the addition. He asked how far the petitioner can build out from that 22.3. Ms. Stromberg stated they can extend five feet into the front yard setback as long as the porch doesn't exceed 50 square feet. - - CITY OF FRIDLEY APPEALS COMMISSION MEETING, MAY 26, 2004 Page 3 of 7 Mr. and Mrs. Scott, the petitioners, stated they have met with City Staff and fully understand the procedure and agree with the stipulations. They want to improve the appearance of their property and will add landscaping at a later time. Their neighbors have been very supportive. MOTION by Mr. Zinter, seconded by Ms. Jackson to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHARIPERSON VOS DECLARED THE MOTION CARRIED UNAMINOUSLY AND THE PUBLIC HEARING CLOSED AT 7:40 P.M. Mr. Zinter stated this is a small variance request and the addition will be a positive impact on the property. Mr. Jones stated he can see the need for the variance, but he understands the hardship and supports the variance. Ms. Jackson agreed that the site lines will be better as a result of this variance. Dr. Vos stated he viewed the property and believes the variance will allow for an improvement in the site lines. MOTION by Mr. Jones, seconded by Ms. Jackson to approve VAR #04-06, by George & Patricia Scott, to reduce the front yard setback from 26 feet to 22.3 feet to allow for the construction of an addition, legally described as the west 90 feet of Lots 1 & 2, Block 3, of Shaffer's Subdivision No. 1, according to the duly recorded plat on file in the office of the Anoka County Recorder, generally located at 876 76th Avenue, with the following stipulations: 1. Petitioner shall obtain all necessary building permits prior to construction of any addition. 2. Addition shall meet all other zoning code requirements, including but not limited to setbacks, height and lot coverage. 3. Additions shall be architecturally compatible with existing house. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON VOS DECLARED THE MOTION CARRIED UNANIMOUSLY. q GILBERTSON. Per Sectio 205-07.3.D(3)((a)) of the Fridley Zoning Code, to reduce the rear yard setback om 26.8 feet to 25 feet to allow the construction of a three season porch, legal desc' ed as northerly 135 feet of Lot 5, Block 1, Elwells Riverside Heights (as measured long easterly line parallel with northerly line thereof), subject to easement of re rd, generally located at 181 Talmadge Way NE. MOTION by Ms. Jackson seconded by Mr. Jones, o waive the reading and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPON VOS DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEART OPEND AT 7:44 P.M. Ms. Stromberg stated the petitioner is seeking a variance toduce the rear yard setback from 26.8 feet to 25 feet to allow the construction of a 12 foot by 26 t three season porch in the exact location of their existing deck at their home located at 181 Talmadge Way. CITY OF FRIDLEY APPEALS COMMISSION MEETING, MAY 26, 2004 Page 4 of 7 Ms. Stromberg presented the petitioner's summary f hardship reads as follows: "We are wishing to build a three season porch on the existin deck. This would enable us to get better use of this area during the early spring and late fall. The existing deck would be removed." Ms. Stromberg stated the property is zoned R-1 The property is located on the east side at the e existing home was constructed in 1959 with an garage was built in 1970. Ms. Stromberg stated that the City code requii than 25% of the lot depth. In the petitioner's G The petitioner currently has a 12 foot by 26 fog a variance to convert his existing deck into a t meeting the rear yard setback requirement by Ms. Stromberg stated the staff has no in the past. VAR #04-03 5365 Matterhorn Drive. from 25 feet to 16.4 feet. VAR #02-16 6065 McKinley Street. from 32 feet to 14 feet. igle Family as are all surrounding properties. of the Talmadge Way cul-de-sac. The lition being constructed in 1983. The existing I a rear yard setback with a depth of not less e, the minimum rear yard setback is 26.8 feet. deck off the back of his home. He is requesting Be season porch which will be deficient in ) inches. ation as similar variances have been granted nce approved to reduce the rear yard setback nce approved to reduce the rear yard setback Ms. Stromberg stated that if the variance i1. granted, the following stipulation shall be attached: 1. Petitioner shall obtain all necessary building permits prior to construction of the three season porch. I Mr. Jones asked if the deck was built whon the house was built. Ms. Stromberg stated she could find no uilding permit on file for the deck. Mr. Jones asked if the petitioner would a allowed to build a deck off the three season porch. Ms. Stromberg stated the deck can encjoach into the rear yard setback by 10 feet, so they could build a deck. I Arnold Gilbertson, petitioner, stated thq stipulation recommended by staff is acceptable. Mr. Jones asked if the deck was part of the original house. Mr. Gilbertson responded the deck Wadded 15 years ago over a concrete patio. The deck and concrete pad will be removed to Ilow for the construction of the three season porch. He pointed out that the north setback is a equate but because of the narrowing the lot to the south, the rear yard smaller. MOTION by Mr. Zinter, seconded by Mr. Jones to close the public hearing. UPON A VOICE VOTE, ALL VOTINO AYE, CHAIRPERSON VOS DELARED THE MOTION CARRIED UNAMINOUSLY AND TH PULBIC HEARING CLOSED AT 7:50 P.M. Ms. Jackson stated that the existingpeck fits the structure and the lot so replacing it with an addition of the same size is not a pr blem to her. Q FRIDOF LEY FRIDLEY MUNICIPAL CENTER - 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 - (763) 571-3450 - FAX (763) 571-1287 APPEALS COMMISSION ACTION TAKEN NOTICE May 28, 2004 George & Patricia Scott 876 -76th Avenue NE Fridley MN 55432 Dear Mr. & Mrs. Scott: On Wednesday, May 26, 2004, the Fridley Appeals Commission officially approved your Variance, VAR #04-06, to reduce the required front yard setback from 25 feet to 22.3 feet to allow the construction of an addition to the front of the home, legally described as the west 90 feet of Lots 1 & 2, Block 3, of Shaffer's Subdivision Number 1, according to the dulX recorded plat on file in the office of the Anoka County Recorder, generally located at 876-76 Avenue NE. Approval of this variance is contingent upon the following stipulations: 1. Petitioner shall obtain all necessary building permits prior to construction of any addition. 2. Addition shall meet all other zoning code requirements, including but not limited to setbacks, height and lot coverage. 3. Additions shall be architecturally compatible with existing home. You have one year from the date of the Appeals Commission action to initiate construction. If you cannot begin construction during this time, you must submit a letter requesting an extension at least three weeks prior to the expiration date. If you have any questions regarding the above action, please call me at 763-572-3595. Si cerely, Stacy t berg Planner SS/jb cc: Variance File Stacy Stromberg Please review the above, sign the statement below and return one copy to the City of Fridley Planning Department by June 14, 2004. Concur with action taken. C-04-59