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VAR 03-10STATE OF MINNESOTA ) COUNTY OF ANOKA ) CITY OF F'RIDLEY ) In the Matter of: VAR #03-1G Owner: Michael J. Wojcik /030- ?-q- lI. 0039 3t APPEALS COMMISSION PROCEEDINGS VARIANCE The above entitled matter came before the Appeals Commission of the City of Fridley and was heard on the 14th day of May 2003, on a petition for a variance pursuant to the City of Fridley's Zoning Ordinance, for the following described property: To reduce the rear yard setback on a double frontage lot from 25 feet to 12 feet to allow the construction of a 20 -foot by 30 -foot accessory structure on Lots 7-8, Block 1, Oak River Estates, generally located at 109 76' &wepme NE IT IS ORDERED that a variance be granted as upon the following conditions or reasons: Approved with stipulations. See attached May 14, 2003, Appeals Commission minutes. 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 5-A— day of 9&,,,e, 2003. DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 Debra A. Skogen, City Cler (SEAL)'. Variances are valid for a period of one year following approval and shall be considered void if not used within that period. CITY OF FRIDLEY APPEALS COMMISSION MEETING MAY 14, 2003 CALL TO ORDER: Chairperson Kuechle called the May 14, 2003, Appeals Commission meeting to order at 7:29 p.m. ROLL CALL: Members Present: Larry Kuechle, Ken Vos, Blaine Jones, Sue Jackson, Gary Zinter Members Absent: None Others Present: Stacy Stromberg, Planner Michael Wojcik, 109 — 76h Way NE APPROVE THE APRIL 23. 2003. APPEALS COMMISSION MEETING MINUTES: MOTION BY Ms. Jackson, seconded by Mr. Zinter, to approve the Minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING: VARIANCE REQUEST. VAR #03-10, BY MICHAEL WOJCIK: Per section 205.07.03.d.(4).((b)) of the Fridley Zoning Code, to reduce the rear yard setback on a double frontage lot from 25 feet to 12 feet to allow the construction of a 20 - foot by 30 -foot accessory structure on Lot 8, Block 1, Oak River Estates, generally located at 109 — 76t' way NE MOTION by Dr. Vos, seconded by Mr. Zinter, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 7:31 P.M. Ms. Stromberg stated the petitioner is asking for this variance to allow the construction of a 600 - square foot second accessory structure in the southeast corner of his lot. The building will be used to store recreational vehicles and equipment such as four -wheelers, snowmobiles, and lawn equipment. Ms. Stromberg stated the summary of hardship by the petitioner states, "The location of the new garage is in an open spot on the lot. Any other place on the lot I would have to remove large, mature maple and pine trees. I am trying to keep all the trees because they are mature and also act as a noise buffer from the trains and noise from East River Road. One other area that is open on the lot cannot be built on because of the 10 -foot easement due to a water line. Where I would like to build a garage is the most viable location for the structure. It is important to us to keep the beautiful trees that have been on this property for over 50 years." Ms. Stromberg stated the property is zoned R-1, Single Family, as are all surrounding properties. The property is located on 76"' Way at the end of the cul-de-sac. East River Road APPEALS COMMISSION MEETING, MAY 14, 2003 PAGE 2 : borders the property on the eastern side. Therefore, the property is considered to have a double frontage. City Code requires that properties with frontages on both sides of their lots meet front yard setback requirements for garages and accessory structures located in the rear yard. The proposed location of the structure will be 12 feet from the eastern property line and 10 feet from the southern property line. The proposed garage meets lot coverage requirements. Ms. Stromberg stated the petitioner is requesting that the hard surface driveway requirements be waived for the proposed second accessory structure. Since the primary use of the structure is going to be for storage, City staff would be in support of the petitioner's request. However, if at any time use of the yard as a driveway is observed, a hard surface driveway will be required. The Planning Commission recommended approval of the special use permit request for a second accessory structure over 240 square feet. Ms. Stromberg stated City staff has no recommendation as a similar variance has been granted in the past at 121 Hartman Circle. The rear yard setback on that property was reduced for a double frontage lot to 9 feet to allow the construction of a detached garage. This property is also bordered by East River Road on the east side. Staff recommends that if the variance is granted, the following stipulations be attached: 1. Staff shall conduct regular inspections of the site. If, at any time, a trail simulating a driveway is present, a hard surface driveway as approved by the City will need to be installed within 90 days. 2. The petitioner shall obtain all necessary building permits prior to construction. 3. The structure shall not be used for a home occupation or living area. 4. Total square footage of all accessory structures shall not exceed 1,400 square feet. 5. The accessory structure shall be architecturally compatible with existing home and finished with complementary siding and color scheme. 6. Variance approval is dependent upon approval of the petitioner's special use permit request. Mr. Kuechle asked if she knew whether the lots are still separately platted or are they combined? Ms. Stromberg replied they have been combined. Dr. Vos asked if Planning Commission has recommended approval of the special use permit. Mr. Kuechle stated the Planning Commission has recommended approval of the special use permit to the Council. Mr. Kuechle asked the petitioner if there is anything he would like to add to the staffs report or any comments about any of the stipulations. The petitioner, Mr. Michael Wojcik, stated he had nothing to add. Dr. Vos asked Mr. Wojcik if he had talked to any neighbors. Mr. Wojcik replied he has talked to quite a few of the neighbors about this, and most of the people down the block are happy to have something else to help buffer the noise. The trains get pretty loud, and that is why he didn't want to take down any trees. t' APPEALS COMMISSION MEETING, MAY 14, 2003 PAGE 3 Mr. Jones asked what staff would consider a trail to the garage when a driveway would be required. In his yard which is all sand, you don't have to back over it too many times and it looks like you have tire tracks in the grass. Mr. Stromberg stated staff would probably contact the petitioner and talk to him about the situation. In speaking to the petitioner, she knows he is not going to be using the structure as a parking garage, but for storage. So, in the future, if staff would consistently notice tracks to the garage, then the Mr. Wojcik would have to put in a hard surface driveway. Mr. Wojcik stated he will be constructing a 4 -foot fence across the front, so the only access he will have is from his driveway which will be by his garage. He would be coming in between the trees and trying to pull in there so it would be pretty tough to get a vehicle in there unless he did come from the street. Mr. Kuechle stated he thinks the general rule is if the grass is killed so you can easily see two obvious tracks, it's not acceptable. He doesn't think anybody is looking for pressed down grass. MOTION by Mr. Zinter, seconded by Mr. Jones, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:42 P.M. Dr. Vos stated this seems to be a reasonable request. The location for the proposed garage seems reasonable, and no neighbors are directly affected. It is a double frontage lot similar to the variance request at the last meeting, but it is entirely a different situation. He would vote in favor of the variance request. Ms. Jackson stated she agreed with Dr. Vos. Mr. Kuechle stated he agreed as well. The one point he would like to make is these requests for variances on double frontage lots, although they seem similar on paper, can be quite different in the real world. In this case, the other frontage is on East River Road so the nearest neighbors are really a long way away. In the variance request for 124 Glen Creek Road at the last meeting, the other frontage was right across from the neighbors. They are different even though on paper they are the same. Mr. Jones agreed. Mr. Zinter also agreed. With the height of the fence, there should be no impact at all. MOTION by Mr. Zinter, seconded by Ms. Jackson, to approve Variance Request, VAR #03-10, with the following stipulations: 1. Staff shall conduct regular inspections of the site. If, at any time, a trail simulating a driveway is present, a hard surface driveway as approved by the City will need to be installed within 90 days. 2. The petitioner shall obtain all necessary building permits prior to construction. 3. The structure shall not be used for a home occupation -or Living area. 4. Total square footage of all accessory structures shall not exceed 1,400 square feet. 5. The accessory structure shall be architecturally compatible with existing home and finished with complementary siding. and color scheme. APPEALS COMMISSION MEETING. MAY 14. 2003 PAGE 4 6. Variance approval is dependent upon approval of the petitioner's special use permit request. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. ELECTION OF OFFICERS FOR THE 2003-2004 TERM: Mr. Kuechle stated he would be willing to serve as Chairperson for the Appeals Commission for another term. Dr. Vos stated he would be willing to serve as Vice -chairperson for the Appeals Commission for another term. MOTION BY Mr. Jones, seconded by Mr. Zinter, to re-elect both Mr. Kuechle and Dr. Vos for another term as Chairperson and Vice -Chairperson. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. UPDATE ON PLANNING COMMISSION & CITY COUNCIL ACTIONS Ms. Stromberg updated the Commission on past Planning Commission and City Council actions. 3. OTHER BUSINESS: Ms. Stromberg stated the May 28, 2003, meeting has been cancelled. ADJOURNMENT MOTION by Mr. Jones, seconded by Dr. Vos, to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE MAY 14, 2003, APPEALS COMMISSION MEETING WAS ADJOURNED AT 7:47 P.M. Re pectfully submitted, Denise M. Letendre Recording Secretary Receipt # Datefrime D Document Order PINS Recordability Filing Fees Copy/Additional Pg Fees Well Cert Fees ABSTRACT �30 10 IncOrrect/NO Reference # J_�❑Non-standard Document � ❑ Certified Cowl 0 ❑ Incomplete Form ❑ Missing Attachment ❑ No Legal Description ❑ Nonexistent Legal Description ❑ Tax Lien/Release ❑ Transfer ❑ Division ❑ Status ❑ New legal Description ❑ GAC EJ,Qeferred Specials o Change DOCUMENT N0. 18 0 9 8 4 6. 0 ABSTRACT ANOKA COUNTY MINNESOTA I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS FILED IN THIS OFFICE FOR RECORD ON = 0 9 2 0 0 3 AT 4:30 PM AND WAS DULY RECORDED. FEES AND TAXES IN THE AMOUNT OF $20.00 PAID. 2003098521 RECEIPT NO. MAUREEN J. DEVINE ANOKA COUNTY PROPERTY TAX ADMINISTRATOR/RECORDER/REGISTRAR OF TITLES RP BY DEPUTY PROPERTY TAX ADMINISTRATOR/RECORDER/REGISTRAR OF TITLES Eft Mrwm CINOF FRIDLEY FRIDLEY MUNICIPAL CENTER - 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 - (763) 571-3450 - FAX (763) 571-1287 APPEALS COMMISSION ACTION TAKEN NOTICE May 20, 2003 Michael J. Wojcik 109 76' Way NE Fridley, MN 55432 Dear Mr. Wojcik: On May 14, 2003, the Fridley Appeals Commission officially approved a request for variance, VAR #03-10, to reduce the rear yard setback on a double frontage lot from 25 feet to 12 feet to allow the construction of a 20 ft. by 30 ft. accessory structure on Lot 8, Block 1, Oak River Estates, generally located at 109 76th Way NE, with the following stipulations: 1. Staff shall conduct regular inspections of the site. If, at any time, a trail simulating a driveway is present, a hard surface driveway as approved by the City will need to be installed within 90 days. 2. The structure shall not be used for a home occupation or living area.. 3. Total square footage of all accessory structures shall not exceed 1,400 sq. ft. 4. The accessory structure shall be architecturally compatible with existing home and finished with complementary siding and color scheme. 5. Variance approval is dependent upon approval of the petitioner's special use permit request. 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 572-3595. Sincerely, �����t I /� , `i Stacy tr berg Planner Please review the above action, sign below, and return the original to the City of Fridley Planning Department by June 3, 2003. SS:Is Co cur with actio taken CITY OF FRIDLEY APPEALS COMMISSION MEETING MAY 14, 2003 CALL TO ORDER: Chairperson Kuechle called the May 14, 2003, Appeals Commission meeting to order at 7:29 p.m. ROLL CALL: Members Present: Larry Kuechle, Ken Vos, Blaine Jones, Sue Jackson, Gary Zinter Members Absent: None Others Present: Stacy Stromberg, Planner Michael Wojcik, 109 — 76t' Way NE APPROVE THE APRIL 23.2003, APPEALS COMMISSION MEETING MINUTES: MOTION BY Ms. Jackson, seconded by Mr. Zinter, to approve the Minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING: VARIANCE REQUEST. VAR #03-10. BY MICHAEL WOJCIK: Per section 205.07.03.d.(4).((b)) of the Fridley Zoning Code, to reduce the rear yard setback on a double frontage lot from 25 feet to 12 feet to allow the construction of a 20 - foot by 30 -foot accessory structure on Lot 8, Block 1, Oak River Estates, generally located at 109 — 76th way NE MOTION by Dr. Vos, seconded by Mr. Zinter, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 7:31 P.M. Ms. Stromberg stated the petitioner is asking for this variance to allow the construction of a 600 - square foot second accessory structure in the southeast corner of his lot. The building will be used to store recreational vehicles and equipment such as four -wheelers, snowmobiles, and lawn equipment. Ms. Stromberg stated the summary of hardship by the petitioner states, "The location of the new garage is in an open spot on the lot. Any other place on the lot I would have to remove large, mature maple and pine trees. I am trying to keep all the trees because they are mature and also act as a noise buffer from the trains and noise from East River Road. One other area that is open on the lot cannot be built on because of the 10 -foot easement due to a water line. Where I would like to build a garage is the most viable location for the structure. It is important to us to keep the beautiful trees that have been on this property for over 50 years." Ms. Stromberg stated the property is zoned R-1, Single Family, as are all surrounding properties. The property is located on 76th Way at the end of the cul-de-sac. East River Road APPEALS COMMISSION MEETING, MAY 14, 2003 PAGE 2 borders the property on the eastern side. Therefore, the property is considered to have a double frontage. City Code requires that properties with frontages on both sides of their lots meet front yard setback requirements for garages and accessory structures located in the rear yard. The proposed location of the structure will be 12 feet from the eastern property line and 10 feet from the southern property line. The proposed garage meets lot coverage requirements. Ms. Stromberg stated the petitioner is requesting that the hard surface driveway requirements be waived for the proposed second accessory structure. Since the primary use of the structure is going to be for storage, City staff would be in support of the petitioner's request. However, if at any time use of the yard as a driveway is observed, a hard surface driveway will be required. The Planning Commission recommended approval of the special use permit request for a second accessory structure over 240 square feet. Ms. Stromberg stated City staff has no recommendation as a similar variance has been granted in the past at 121 Hartman Circle. The rear yard setback on that property was reduced for a double frontage lot to 9 feet to allow the construction of a detached garage. This property is also bordered by East River Road on the east side. Staff recommends that if the variance is granted, the following stipulations be attached: 1. Staff shall conduct regular inspections of the site. If, at any time, a trail simulating a driveway is present, a hard surface driveway as approved by the City will need to be installed within 90 days. 2. The petitioner shall obtain all necessary building permits prior to construction. 3. The structure shall not be used for a home occupation or living area. 4. Total square footage of all accessory structures shall not exceed 1,400 square feet. 5. The accessory structure shall be architecturally compatible with existing home and finished with complementary siding and color scheme. 6. Variance approval is dependent upon approval of the petitioner's special use permit request. Mr. Kuechle asked if she knew whether the lots are still separately platted or are they combined? Ms. Stromberg replied they have been combined. Dr. Vos asked if Planning Commission has recommended approval of the special use permit. Mr. Kuechle stated the Planning Commission has recommended approval of the special use permit to the Council. Mr. Kuechle asked the petitioner if there is anything he would like to add to the staffs report or any comments about any of the stipulations. The petitioner, Mr. Michael Wojcik, stated he had nothing to add. Dr. Vos asked Mr. Wojcik if he had talked to any neighbors. Mr. Wojcik replied he has talked to quite a few of the neighbors about this, and most of the people down the block are happy to have something else to help buffer the noise. The trains get pretty loud, and that is why he didn't want to take down any trees. APPEALS COMMISSION MEETING, MAY 14, 2003 PAGE 3 Mr. Jones asked what staff would consider a trail to the garage when a driveway would be required. In his yard which is all sand, you don't have to back over it too many times and it looks like you have tire tracks in the grass. Mr. Stromberg stated staff would probably contact the petitioner and talk to him about the situation. In speaking to the petitioner, she knows he is not going to be using the structure as a parking garage, but for storage. So, in the future, if staff would consistently notice tracks to the garage, then the Mr. Wojcik would have to put in a hard surface driveway. Mr. Wojcik stated he will be constructing a 4 -foot fence across the front, so the only access he will have is from his driveway which will be by his garage. He would be coming in between the trees and trying to pull in there so it would be pretty tough to get a vehicle in there unless he did come from the street. Mr. Kuechle stated he thinks the general rule is if the grass is killed so you can easily see two obvious tracks, it's not acceptable. He doesn't think anybody is looking for pressed down grass. MOTION by Mr. Zinter, seconded by Mr. Jones, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:42 P.M. Dr. Vos stated this seems to be a reasonable request. The location for the proposed garage seems reasonable, and no neighbors are directly affected. It is a double frontage lot similar to the variance request at the last meeting, but it is entirely a different situation. He would vote in favor of the variance request. Ms. Jackson stated she agreed with Dr. Vos. Mr. Kuechle stated he agreed as well. The one point he would like to make is these requests for variances on double frontage lots, although they seem similar on paper, can be quite different in the real world. In this case, the other frontage is on East River Road so the nearest neighbors are really a long way away. In the variance request for 124 Glen Creek Road at the last meeting, the other frontage was right across from the neighbors. They are different even though on paper they are the same. Mr. Jones agreed. Mr. Zinter also agreed. With the height of the fence, there should be no impact at all. MOTION by Mr. Zinter, seconded by Ms. Jackson, to approve Variance Request, VAR #03-10, with the following stipulations: 1. Staff shall conduct regular inspections of the site. If, at any time, a trail simulating a driveway is present, a hard surface driveway as approved by the City will need to be installed within 90 days. 2. The petitioner shall obtain all necessary building permits prior to construction. 3. The structure shall not be used for a home occupation or living area. 4. Total square footage of all accessory structures shall not exceed 1,400 square feet. 5. The accessory structure shall be architecturally compatible with existing home and finished with complementary siding and color scheme. APPEALS COMMISSION MEETING, MAY 14, 2003 PAGE 4 6. Variance approval is dependent upon approval of the petitioner's special use permit request. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. ELECTION OF OFFICERS FOR THE 2003-2004 TERM: Mr. Kuechle stated he would be willing to serve as Chairperson for the Appeals Commission for another term. Dr. Vos stated he would be willing to serve as Vice -chairperson for the Appeals Commission for another term. MOTION BY Mr. Jones, seconded by Mr. Zinter, to re-elect both Mr. Kuechle and Dr. Vos for another term as Chairperson and Vice -Chairperson. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. UPDATE ON PLANNING COMMISSION & CITY COUNCIL ACTIONS Ms. Stromberg updated the Commission on past Planning Commission and City Council actions. 3. OTHER BUSINESS: Ms. Stromberg stated the May 28, 2003, meeting has been cancelled. ADJOURNMENT MOTION by Mr. Jones, seconded by Dr. Vos, to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE MAY 14, 2003, APPEALS COMMISSION MEETING WAS ADJOURNED AT 7:47 P.M. Re pectfully submitted, Denise M. Letendre Recording Secretary City of Fridley Land Use Application SP #03-10 May 14, 2003 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Michael Wojcik 109 76' Way Fridley MN 55432 Requested Action: Variance reducing the rear yard setback on a double frontage lot for a detached accessory structure. Existing Zoning: R-1 (Single Family Residential) Location: 109 761 Way Size: 19,175 sq. ft. .44 acres Existing Land Use: Single family home. Surrounding Land Use & Zoning: N: Single Family & R-1 E: East River Road & ROW S: Single Family & R-1 W: Single Family & R-1 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Sec. 205.07.03.D.(4).((b)) requires that the setback for garages and accessory structures in the rear yard be the same as the front yard on double frontage lots. Zoning History: 1985 — Lot is platted. 1987 — Home and Garage are built. Legal Description of Property: Lot 7. Block 1. Oak River Estates Public Utilities: Home is connected. Transportation: 761 Way provides access to the residence. Physical Characteristics: Typical suburban landscaping. SUMMARY OF PROJECT The petitioner, Mr. Wojcik is seeking to reduce the rear yard setback on a double frontage lot from 25 feet to 12 feet to allow the construction of a 600 square foot accessory structure in the southeast corner of his property. SUMMARY OF HARDSHIP "The location of the new garage is in an open spot on the lot. Any other place on the lot I would have to remove large, mature maple and pine trees. I am trying to keep all the trees because they are mature and also act as a noise buffer from the trains and noise from East River Road. One other area that is open on the lot cannot be built on because of the 10 foot easement due to the waterline. Where 1 would like to build the garage is the most viable location for the structure. It is important to us to keep the beautiful trees that have been on this property for well over 50 years." - Michael Wojcik SUMMARY OF ANALYSIS City Staff has no recommendation as this variance request is within previously granted dimensions. Similar variance granted: VAR #00-05121 Hartman Circle Rear yard setback for a double frontage lot reduced to 9 feet to allow the construction of a detached garage. CITY COUNCIL ACTION/ 60 DAY DATE City Council — June 9, 2003 (Location of Proposed Garage) Staff Report Prepared by: Stacy Stromberg VAR #03-10 REQUEST The petitioner, Mike Wojcik, is seeking a variance to reduce the "rear yard" setback on a double frontage lot from 25 feet to 12 feet to allow the construction of a 600 square foot second accessory building in the southeast corner of his lot which is located at 109 76' Way. The structure will be used to store recreational vehicles and equipment, such as 4 wheelers, snowmobiles and lawn equipment. SUMMARY OF HARDSHIP "The location of the new garage is in an open spot on the lot. Any other place on the lot 1 would have to remove large, mature maple and pine trees. 1 am trying to keep all the trees because they are mature and also act as a noise buffer from the trains and noise from East River Road. One other area that is open on the lot cannot be built on because of the 90 foot easement due to the waterline. Where I would like to build the garage is the most viable location for the structure. It is important to us to keep the beautiful trees that have been on this property for well over 50 years." Michael Wojcik ANALYSIS The property is located on and fronts on 76" Way, at the end of the cul-de-sac. The existing home and garage were constructed in 1987. East River Road borders the property on the eastern side. Therefore, this property is considered to have a double frontage. Properties with frontages on both sides of their lots need to meet front yard setback requirements for garages and accessory structures located in their "rear yard." Therefore, the petitioner is applying for a variance to locate the accessory structure within 12 feet of his eastern property line instead of the required 25 feet. Existing home and attached garage City Code requires that properties with frontages on both sides of their lots meet front yard setback requirements for garages and accessory structures located in their "rear yard." The proposed location of the structure will be 12 feet from the eastern property line and 10 feet from the southern property line. The proposed garage location meets lot coverage requirements. The petitioner is requesting that the hard surface driveway requirements be waived for the proposed second accessory structure. Since, the primary use of the structure is going to be for storage, City staff would be in support of the petitioner's request. However, if at anytime, evidence of use of the yard as a driveway is observed, a hard surface driveway will be required. City staff hasn't received any comments from neighboring property owners. RECOMMENDATIONS City Staff has no recommendation, as this variance is within previously granted dimensions. Similar variance granted: • VAR #00-05 121 Hartman Circle Rear yard setback for a double frontage lot reduced to 9 feet to allow the construction of a detached garage. This property is also bordered by East River Road on the east side. STIPULATIONS Va r'L•�►�t� Staff recommends that if the �fse-�r is granted, the following stipulations be attached. 1. Staff shall conduct regular inspections of the site. If, at any time, a trail simulating a driveway is present, a hard surface driveway as approved by the City will need to be installed within 90 days. 2. The structure shall not be used for a home occupation or living area. 3. Total square footage of all accessory structures shall not exceed 1,400 square feet. 4. The accessory structure shall be architecturally compatible with existing home and finished with complementary siding and color scheme. 5. Variance approval is dependent upon approval of the petitioner's special use permit request. March 31, 2003 VARIANCE The location of the new garage is in an open spot on the lot. Any other place on the lot I would have to remove large, mature maple and pine trees. I am trying to keep all the trees because they are mature and also act as a noise buffer from the trains and road noise from East River Road. After we put up the privacy fence, neighbors said that the fence helped considerably to reduce the noise from the trains and road traffic. One other area that is open on the lot can not be built on because of the 10 foot easement due to the water line. Where I would like to build the garage is the most viable location for the structure. It is important to us to keep the beautiful trees that have been on this property for well over 50 years. Thank You - Michael J Wojcik 109 -76th Way N.E. Fridley, Mn. 55432 763-574-9684 Design #003938 ®® 3/28/2003 *** Take this sheet to the Building Materials counter to purchase your materials. *** You selected a garage with these options.a 20' Wide X 30 Deep X 8' High Gable roof w/ 8/12 pitch rafters 2' O.C. 12" gable/12" save overhangs 1/2" Pine Plywood Wall Sheathing 1/2" Pine Plywood Roof Sheathing Tan Vinyl 4" Dutch -lap Siding Tan Premium Steel Roofing Brown Steel Roof Trim Colored roof screws installed in flat Brown Steel Soffit & Fascia Brown Steel Roof Edge Cedar overhead door jamb ALCO - Front View Back View �Qo QOQQQ QQQQQQ Today's cost for materials estimated in this design: $ 3768.66 Base garage without options: $1926.27 *The base price Includes: 0" Eave/0" Gable Overhangs, Framing Materials, 7/16 OSB Roof Sheathing, 20 yr. Fiberglass Classic - Onyx Black Shingles, Pine Fascia, Galvanized Regular Roof Edge, 8" Textured Vertical Hardboard Siding, No Service Doors, No Overhead Doors, No Windows, or Any Other Options. 0- DENU 11:5 t HUty REGISTERED UNDER LAWS OF STATE OF MINNESOTA 7601- 73rd Avenue North 560.3093 Minneapolis, Minnesota 55428 �C( �►�tru>e�ara �rrtifira#>r JAUL PETERSON L a C GaSe'''n P N Pro V1 CA G � � G � \ -Cn- 5 d r NN srQ (Y) 1 O —;— �� �ry I /z s-5f,i,t le vel a , \ st o N + i Hants shown are from Ify that this Is a true and correc he above described land and It lents, if any, from or on said lai this 31 ct day of _A / Wood Fence / / 4- / moo,.. /Did, / / 0 Drainage & Utility -�b- 116 1-r � FI d .,nd befo .lruction. ,ed Top of .posed Garage r1roposed Lowest Type of Building 0 Overhead Wires \ 7C Vr' Lot 8. Black 1, OAK RIVER ESTATES, except that part embraced within Anoka County Highway Plat No. 28 The only easements shown are from plats of record or information provided by client. We hereby certify that this is a true and correct representation of a survey of the boundaries of the above described land and the Inrntinn of all brfiPdinas and visible encroachments, if any, from or on fr' 76th 1 Way N. E. U1 P. Overhead Wires \ 7C Vr' Lot 8. Black 1, OAK RIVER ESTATES, except that part embraced within Anoka County Highway Plat No. 28 The only easements shown are from plats of record or information provided by client. We hereby certify that this is a true and correct representation of a survey of the boundaries of the above described land and the Inrntinn of all brfiPdinas and visible encroachments, if any, from or on fr' ft,06o-) �C /Lo SURVEYS COMPANY, INC. LAND SURVEYORS !:G ISTERED UNDER LAWS OF STATE OF MINNESOTA 01 -73rd Ave. No. 560-3093 Minneapolis, Minnesota 55428 �lir�IE�TIIrB C�.fzrfi�i.CM�E I �'"0�1 °T7ERSON r ', -W rS� INVOICE NO. F. B. NO. SCALE 1" = 30, L Z O —DENOTES IRON u LMLRY t pCdllJC/G�E FJ� EM 1ST ---� 3 t d v \VLtY u £1�,� C v� -(o7) Block 1, OAK RIVER ESTATES :�rrectreprasenta- ::ove described y and visible i. ig 86 GS•3 �.8 IS CITY OF FRIDLEY 6431 UNIVERSITY AVENUE FRIDLEY, MN 55432 (763) 572-3592 COMMUNITY DEVELOPMENT DEPARTMENT VARIANCE APPLICATION FOR: Residential Commercial/Industrial Signs PROPERTY INFORMATION- site plan required for submittal, see attached) Address: - `�• Property Identification Num er• Legal Description: Lot Block Tract/Addition VW eZ—f&—fE�; Current Zoning: Square Foota e/acreage: Reason for Variance: Have you operated a b ness 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 AIAIIIIIII...IV AIAIAIAIAIAIIII..V.VAIMAI.V AIAI/VAIAI/...V.V A/.V.Y/V/.I.VIV.V.V.V/�/•1/MIY/�I/�11�/A./MI.1/VM/HMV.V/./A/�VIYIVIV/VI�/iViVMA/1V OYA1A11V IV.V �V M/�/I../V•b FEE OWNER INFORMATION (as it appears on the property title) (Contract purcha!sers:i,Fee ov rs roust sign this form prior to processing.) NAME: r 0 ADDRESS: - DAYTIME PHONE: tXlf SIGNATURE/DATE: AI/rIViV.1/.VIYIV/VAYIIHA/A/MIYIV/.//V�VM.VA1/1//YMiV.V1V.VIY/V/V.VIY.V.V/Y/Y/VMiV1VIV IVIV.VAIN../IVM/HIVIVIVA.11.//VAIIVIV/V.VIVI�/AIMA/•bIV /V.Y/.V.V.4r�1/iV PETITIONER INFOR ATI N NAME: K� ADDRESS: I ocl - _ _ DAYTIME PHONE: - SIGNATURE/DATE: III/AIArAr.VA1Ar.V.rAINAIAIIVIVAIAIIV/V/VAI/V III/AIII./AI.V/V IV A/AIAI/�/IV /VAIN /VIIbAIIV/VA//V.VAI/V /V III/A/AIIV A/.VAI.VIVIVIVA/IOIAr/1II./AI•.IAI•V IV IVAIIV IV IV IV •V.V Section of City Code: FEES Fee: $100.00 for commercial, industrial, or igns: Fee: $60.00 for residents Iro ernes: Receipt #: '7�7 Received By: Application Number: Scheduled Appeals Commissio Date,E[:! ta-w, 1 -4, 3 Scheduled City Council Date: eih 10 Day Application Cmplete N ification Date: & !f 0 ! . 060 5 60 Day Date: CCl a 0,1-6,0 va 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 X owner and petitioner have signed.) Scaled site plan of property showing north arrow, existing and proposed structures, lot and block number, adjacent street names, and buildings X on adjacent lots within 10 feet of the common lot lines. Elevation of building and description of materials. Narrative of proposed building, and X summary of hardship. 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 site plan 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. Calculations for stormwater runoff. rAw CfiYOF FRIDLEY FRIDLEY MUNICIPAL CENTER • 6331 UNIVERSITY AVE. N.E. FRIDLEY. MN 55132 • (763) 571-3450 • FAX (763) 571-1237 April 21, 2003 Michael Wojcik 10976 1h Way NE Fridley MN 55432 Dear Mr. Wojcik: 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 11, 2003. 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 14, 2003 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 9, 2003 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, Stacy 4otnberg Planner C-03-54 CITY OF FRIDLEY PUBLIC HEARING NOTICE BEFORE THE APPEALS COMMISSION TO: Residents within 350 feet of 109 76' Way NE CASE NUMBER: VAR #03-10 APPLICANT: Michael J. Wojcik 109 76' Way NE Fridley, MN 55432 Petitioner or representative must be at meeting. PURPOSE: To reduce the rear yard setback on a double frontage lot from 35 feet to 12 feet to allow the construction of a 20 ft. by 30 ft. accessory structure LOCATION OF PROPERTY: 109 76' Way NE LEGAL DESCRIPTION: Lot 8, Block 1, Oak River Estates DATE AND TIME Appeals Commission Meeting, Wednesday, May 14, 2003, OF HEARING: 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 HOW TO 1. You may attend hearings and testify. PARTICIPATE: 2. You may send a letter before the hearing to Paul Bolin, Planning Coordinator, or 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 ACCOMMODATION: interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no later than May 7, 2003. (TDD 763-572-3534) ANY QUESTIONS: Contact Paul Bolin, Planning Coordinator, at 763-572-3599, or Stacy Stromberg, Planner, at 763-572-3595. Mailing Date: May 2, 2003 Rad Add r s Bad Ad dre 5 ANOKA COUNTY OF FRIDLEY, 55432 325 EAST MAIN ANOKA,MN 55303 ARBOUR FREDERICK M & SHIRLEY A BARKER BEVERLY D BAUMGARTNER WILLIAM & P 1 125 76TH WAY NE 141 76TH WAY NE 7517 E RIVER RD NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 BERNARDS PAUL B & CAMILLE G BOEDIGHEIMER JEROME & MARY BOE IGHEIMER JEROME & MARY 124 RICKARD RD NE 117 76TH WAY NE Bad A ress 1 FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRICa E MN 55432 BORN MICHAEL W & BONITA K BROWN WILLIAM F & M ELIZABETH C S COOK BLDRS INC 105 75TH WAY NE 133 76TH WAY NE 8833 CENTRAL AVE NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 BLAINE,MN 55434 CITY OF FRIDLEY CORBETT ALLAN A & ELENA G CURRE T ESIDENT 7479 E RIVER RD NE 90 CRAIG WAY NE ALDEN Y NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDL N 55432 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT'-' 109 76TH WAY NE 41 OSBORNE WAY NE 45 75TH WAY NE FRIDLEY,MN FRIDLEY,MN 55432 FRIDLEY,MN 55432 CUTLER MARK E & SUSAN J DUEBER ROBERT L & KAY S HAANPAA LESLIE G & BARBARA J 7513 E RIVER RD NE 108 RICKARD RD NE 149 76TH AVE NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 HERLOFSKY PETER J III & N R HOGEN ANTHONY J & FLORENCE JENSEN ROBERT E & BRIDGET M 129 RICKARD RD NE 133 75TH WAY NE 140 RICKARD RD NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 JOHNSON DAVID S & CYNTHIA M MCDONALD JAMES S MCGINN JON P & JEANE L 7501 E RIVER RD NE 7619 E RIVER RD NE 7600 E RIVER RD NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 MCNEARNEY KEVIN J & JULINA M OLSON MARY J PECKHAM STEPHEN J & JOYCE E 7525 E RIVER RD NE 119 RICKARD RD NE 91 75TH WAY NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 FoETERSEN RALPH S & KATHRYN 116 RICKARD RD NE FRIDLEY,MN 55432 ROGNE RANDY L & BRENDA J 7505 E RIVER RD NE FRIDLEY,MN 55432 ST PAUL BRD OF WATER COMM Bad Address 4 FRIDLEY,MN 55432 TAPPE HOWARD R JR 7601 E RIVER RD NE FRIDLEY,MN 55432 WAGNER MICHAEL A & LADE S L 65 75TH WAY NE FRIDLEY,MN 55432 WITKOWSKI WILLIAM J & LINDA 100 RICKARD RD NE FRIDLEY,MN 55432 PRICE ROSE M TRUSTEE 77 75TH WAY NE FRIDLEY,MN 55432 ST PAUL BRD OF WATER COMM 25 W 4TH ST ST PAUL,MN 55102 STIFLE JOHN L & JANE D 119 75TH WAY NE FRIDLEY,MN 55432 TYGE JEFFREY A & VICKI S 7509 E RIVER RD NE FRIDLEY,MN 55432 WALDORF MICHAEL G 31 OSBORNE WAY NE FRIDLEY,MN 55432 PROOST BARBARA W 139 RICKARD RD NE FRIDLEY,MN 55432 ST PAU B OF WATER COMM Bad Addr s 3 FRIDL , N 55432 TALVITIE ARTHUR L & LINDA D 132 RICKARD RD NE FRIDLEY,MN 55432 WADEL JEFFREY L & NANCY K 55 75TH WAY NE FRIDLEY,MN 55432 WILSON TERESA G 51 OSBORNE WAY NE FRIDLEY,MN 55432 0 City of Variance Request Fridley #03-10 LEGENDN Sources: Michael Wojcik Fridley Engineering Fridley GIS 109 76th Way Anoka County GIS Fridley MN 55432 Map Date: 5/1/03