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VAR 04.010 -3 - -5 C. -,;;,) 4 - --ff - ;,; 0 1 � g STATE OF MINNESOTA ) CITY COUNCIL PROCEEDINGS VARIANCE COUNTY OF ANOKA ) CITY OF FRIDLEY ) In the Matter of: A Variance, VAR -#04 -01 - Owner: Kevin Holman and Paulette Holman The above entitled matter came before the City Council of the City of Fridley and was heard on the 8th day of March, 2004, on a petition for a variance pursuant to the City of Fridley's Zoning Ordinance, for the following described property: To increase the maximum size of a first accessory structure from 1,000 square feet to 1,168 square feet, and to allow an accessory structure to exceed 100% of the first dwelling unit, to allow the construction of a 1,168 square foot detached garage in the rear yard, legally described as Lots 7 through 9, including Block N, Riverview Heights, subject of easement of record, generally located at 571 -79th Way NE. IT IS ORDERED that a variance be granted as upon the following conditions or reasons: Approval with eight stipulations. See City Council meeting minutes of March 8, 2004'. STATE OF MINNESOTA ) COUNTY OF ANOKA ) OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) P c ' ' o 0 -3 - -5 C. -,;;,) 4 - --ff - ;,; 0 1 � g STATE OF MINNESOTA ) CITY COUNCIL PROCEEDINGS VARIANCE COUNTY OF ANOKA ) CITY OF FRIDLEY ) In the Matter of: A Variance, VAR -#04 -01 - Owner: Kevin Holman and Paulette Holman The above entitled matter came before the City Council of the City of Fridley and was heard on the 8th day of March, 2004, on a petition for a variance pursuant to the City of Fridley's Zoning Ordinance, for the following described property: To increase the maximum size of a first accessory structure from 1,000 square feet to 1,168 square feet, and to allow an accessory structure to exceed 100% of the first dwelling unit, to allow the construction of a 1,168 square foot detached garage in the rear yard, legally described as Lots 7 through 9, including Block N, Riverview Heights, subject of easement of record, generally located at 571 -79th Way NE. IT IS ORDERED that a variance be granted as upon the following conditions or reasons: Approval with eight stipulations. See City Council meeting minutes of March 8, 2004'. STATE OF MINNESOTA ) COUNTY OF ANOKA ) OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) I, Debra A. Skogen, City Clerk for the City of Fridley, with and in for said City of Fridley, do hereby certify that I have compared the foregoing copy and Order granting a variance with the original record thereof preserved in my office, and have found the same to be a correct and true transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at the City of Fridley, Minnesota, in the County of Anoka on the b,�h day of 2004. DRAFTED BY: City of Fridley L /, 6431 University Avenue N.E. Fridley, MN 55432 Debra A. Skogen, City Clerk �SEAQ Variances are valid for a period of one year following approval and shall be considered void if not used within that period. IFRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 8, 2004 PAGE 6 OPEN FORUM (VISITORS): Consideration of items not on the agenda. Hearing none,ayor Lund introduced the new recording secretary, Rebecca Brazys. PUBLIC HEARINGS: 18. Special Use Permit Request, SP #04-02, by Kevin and Paulette Holman to — 79' Wav N 19. Variance Request, VAR #04-01, by Kevin and Paulette Holman, to increase the Maximum Size of a First Accessory Structure from 1,000 square feet to 1,168 square feet, and to allow the accessory structure to exceed 100% of the first Ward 3). Mr. Hickok, Community Development Director, reviewed the above petitions explaining they were seeking a special use permit to build a detached garage in a flood fringe district. No structures can be constructed in this district without a Special Use Permit. The garage will be constructed in the northeast comer of the lot. Planning Commission reviewed and recommended approval of SP #04-02 with stipulations. The Appeals Commission recommended approval to increase the size of the detached garage with stipulations. However, the Appeals Commission recommended denial of the second variance as no similar variances have been granted in the past and there's no undue hardship that would warrant that additional 50 square feet. That is staffs recommendation as well, to approve the special use permit and to approve the first of the two variances, but to deny the variance that would allow the garage to be 50 square feet larger than the first floor living area of the home. Paulette Holman, 571 — 79th Way N.E., explained they are requesting the additional 50 feet on the garage so they can get rid of a storage shed on their property. The increase in size will allow enough room for lawn equipment that is currently being stored outside and will allow them to store items that cannot be stored in their basement due to the flooding concerns. This will be a two -car garage and the additional section will be for all their storage. Councilmember Bolkcom asked if the boat that is currently sitting on the property will be stored in the new garage. Ms. Holman responded that it will still be stored along side the house. Councilmember Bolkcom asked if anything has changed in the past couple of years as to how the City is handling the flooding issue. Mr. Haukaas, Public Works Director, explained there are better controls in place; a higher road was installed, storm water ponding was created, a flood gate was put in and we have a grant for a higher volume pump. We feel this does provide adequate capacity to prevent serious damage to the homes in the area, but they cannot guarantee there will be no flooding. FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 8, 2004 PAGE 7 Councilmember Bolkcom asked if there could be flooding in the area of the proposed garage. Mr. Haukaas stated if the water came up that high it could affect the garage. But there are requirements for flood -proofing of the structure and the elevation of the garage would be much higher than the basement floor elevation. Councilmember Bolkcom stated approving the second variance is a concern because it could set a precedent and the City would be faced with other such variance requests. The fact that the boat would continue to be stored outside is also a concern. Councilmember Wolfe commented that the fact that the petitioner is unable to store personal items in the basement because of the flooding hazards creates a hardship. Councilmember Bolkcom asked if staff has heard from any of the neighbors regarding this matter. Mr. Hickok replied staff heard from one neighbor who is afraid the garage will become the site of a home occupation. The petitioner has assured the City that it will not be put to such use. Ms. Holman explained they do own a business but it is operated out of an office on University Avenue. Councilmember Barnette pointed out a letter from neighbors Patty and Jake Bozony supporting this proposal. Mayor Lund questioned if the petitioners had taken into account the available storage space in the garage attic. Ms. Holman responded they are aware they can store in the rafters and in the eaves, but that area is difficult to get to. Mayor Lund asked if the 50 foot addition is important. Ms. Holman replied that they will still build the garage, but will also have to build another shed. They would prefer to have all the storage in one area. She added they have been in this house for 16 years and have been flooded twice. The flooding remains a problem even after the work done by the City. Mr. Hickok explained that the petitioner could still build a good size storage shed in addition to the garage and remain within the requirements of the ordinance. Councilmember Bolkcom asked if Council could stipulate that no additional sheds be built on the property if the second variance is approved. Attorney Knaak stated Council could impose that as a part of the approval. He recommended Council state the specific details of the hardship to avoid setting a precedent. `.. FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 8, 2004 PAGE 8 20. Councilmember Barnette asked if the petitioner would agree with limiting additional sheds. Ms. Holman replied she would prefer to discuss this with her husband and would have to reach him by phone. MOTION by Councilmember Bolkcom, seconded by Councilmember Barnette to table Special Use Permit Request, SP #04-02. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Bolkcom, seconded by Councilmember Barnette to table Variance Request, VAR #04-01. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Hickok, Comunity Development Director, stated the property is zoned single family residential. Privat schools are permitted in this district with a special use permit. Public schools are permitt by right. Spring Lake Park School District committed to going through with the speci I use permit process so it can ensure neighborhood compatibility. A private party owns th party and the school district will rent the property from those owners. At the February 18 Planning Commission meeting, a public hearing was held and after a lengthy discu ion, the Planning Commission recommended approval of Special Use Permit SP #04- 1 with stipulations. The motion failed to carry on a 4 — 3 vote. The Planning Commissi n then moved to recommend denial and the motion was approved on a 4 — 3 vote. Th staff recommends approval of this petition with twelve stipulations. Councilmember Billings asked if it is correct that the school district does not have to go through this process. Mr. Hickok explained that public school\oth e of being there, make the property public and could be there by right. Councilmember Billings asked if there acilities similar to this in the City and whether there have been any complaints Mr. Hickok stated Fridley School District does ha a similar facility near 1-694 off Seventh Street. There have been no complaints in the*o years it has been operating. Frank Herman, director of the Learning Alternative Prog m for the Spring Lake Park School District, explained this property will be used by yog adults, ages 18 to 21, to transition them into independent living. FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 8.2004 PAGE 113_ UPON A VOICE VOTE, ALL VOTIN9r AYE, MAYOR LUND DECLARED THE AMENDMENT TO STIPULAT/rswill CARRIED UNANIMOUSLY. Councilmember Billings thane who appeared and stated that he wanted it clearly understood that the have started these activities without Council approval. He said it is impore students to be trained in the ways of life and he is confident that the neighd the school and the students to be very good neighbors. UPON A VOICE VOTE, AL,tL VOTING AYE, MAYOR LUND DECLARED THE MOTION TO APPROVE SP #04-01/CARRIED UNANIMOUSLY. 18. Special Use Permit Request. SP #04-02, by Kevin and Paulette Holman to 19 Variance Request, VAR #04-01, by Kevin and Paulette Holman, to increase the Maximum Size of a First Accessory Structure from 1,000 square feet to 1,168 square feet, and to allow the accessory structure to exceed 100% of the first floor MOTION by Councilmember Bolkcom, seconded by Councilmember Wolfe, to remove Special Use Permit Request, SP #04-02 and Variance Request, VAR #04-01, from the table. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Bolkcom asked if the petitioners agree with the proposed stipulations that no other shed shall be built on the property, that the current shed shall be removed, and that no storage shall be non -home business related or for commercial business. Kevin and Paulette Holman stated they agreed with the restrictions. MOTION by Councilmember Bolkcom, seconded by Councilmember Wolfe, to approve Special Use Permit Request, SP #04-02 with the following stipulations: 1. Petitioner shall obtain all necessary permits prior to construction. 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, color scheme, roof pitch, and roofing materials. 5. The petitioner shall submit an elevation certificate as part of a verifying survey prior to the foundation being capped, which shall verify that the minimum garage floor elevation is 821 feet. 6. The petitioner shall flood -proof the garage in accordance with current Federal and State flood -proofing requirements to a minimum of the 100 -year flood elevation. +, ERIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 8, 2004 PAGE 14 7. Retaining wall needs to be approved by the City's engineering staff prior to construction and will require a separate building permit. 8. Driveway shall meet code requirements and be 3 feet from all property lines or written approval from neighboring property owners must be filed with the City. 9. No other shed or other accessory structure other then the proposed garage shall be permitted or constructed on the property. 10. There shall be no storage of the non -home business-related purposes. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Bolkcom, seconded by Councilmember Wolfe, to approve Variance Request, VAR #04-01, with the following stipulations: 1. Petitioner shall obtain all necessary building permits prior to construction. 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, color scheme, roof pitch, and roofing materials. 5. All vehicles shall be stored on a hard surface driveway as approved by the City. 6. Driveway shall meet the code requirements and be 3 feet from all property lines or written approval from neighboring property owners must be filed with the City 7. No other shed or other accessory structure other than the proposed garage shall be permitted or constructed on the property. 8. There shall be no storage of non -home business-related purposes. MOTION by Councilmember Bolkcom, seconded by Councilmember Barnette, to add two stipulations that no other shed or other accessory structure other than the proposed garage shall be permitted or constructed on the property and that there shall be no storage of non -home business-related purposes. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION TO APPROVE VARIANCE REQUEST, VAR #04-01 CARRIED UNANIMOUSLY. PUBLIC HEARING 21. MOTION by Councilmember Wolfe,, econded by Councilmember Barnette, to waive the reading and open the public hearing. a ABSTRACT Receipt # Date/Time 3 Document Order ' of ❑ Incorrect/No Reference # ❑ Non-standard Document ❑ Certified Copy/ PINs Recordability Filing Fees $ E] Tax Lien/Release Copy/Additional Pg Fees $ E] Transfer Well Cert Fees $ ❑ Division ❑ Status ❑ Incomplete Form ❑ Missing Attachment ❑ New legal Description ❑ No Legal Description ❑ GAC ❑ Non-existent Legal Description Deferred Specials ❑ Part(s) Illegible[;�No Change DOCUMENT N0. SANOKA 66UNTY MNNEOTA I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS FILED IN THIS OFFICE FOR RECORD ON APR 08 2004 AT 4:30 PM AND WAS DULY RECORDED. FEES AND TAXES IN THE AMOUNT OF $20.00 PAID. 2004055040 RECEIPT NO. MAUREEN J. DEVINE ANOKA COUNTY PROPERTY TAX ADMINISTRATOR/RECORDER/REGISTRAR OFTRLES BY TNL DEPUTY PROPERTY TAXADMINISTRATOR/RECORDER/REGISTRAR OFTM-ES FRIDLEY MUNICIPAL CENTER - 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 - (763) 571-3450 - FAX (763) 571-1287 CITY COUNCIL ACTION TAKEN NOTICE April 2, 2004 Kevin & Paulette Holman 571 -79th Way NE Fridley MN 55432 Dear Mr. & Mrs. Holman: On Monday, March 8, 2004, the Fridley City Council officially approved your request for a Special Use Permit, SP #04-02, to build a detached garage in a Flood Fringe District. Permit is specifically required for structures proposed to be elevated, but not built on fill, legally described as Lots 7-9, including Block N, Riverview Heights, subject of easement of record, generally located at 571 -79th Way NE. Approval of this special use permit is contingent upon the following stipulations: 1. Petitioner shall obtain all necessary permits prior to construction. 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, color scheme, roof pitch, and roofing materials. 5. The petitioner shall submit an elevation certificate as part of a verifying survey prior to the foundation being capped, which shall verify that the minimum garage floor elevation is 821 feet. 6. The petitioner shall flood -proof the garage in accordance with current Federal and State flood -proofing requirements to a minimum of the 100 -year flood elevation. 7. Retaining wall needs to be approved by the City's engineering staff prior to construction and will require a separate building permit. 8. Driveway shall meet code requirements and be 3 feet from all property lines or written approval from neighboring property owners must be filed with the City. 9. No other shed or other accessory structure other then the proposed garage shall be permitted or constructed on the property. 10. There shall be no storage of non -home business-related purposes. Holman SP 904-02 & VAR #04-01 Page 2 4-2-04 Also, on Monday, March 8, 2004, the Fridley City Council officially approved your request for a Variance, VAR #04-01, to increase the maximum size of a first accessory structure from 1,000 square feet to 1,168 square feet, and to allow an accessory structure to exceed 100% of the first floor area of a dwelling unit, to allow the construction of a 1,168 square foot detached garage in the rear yard, legally described as Lots 7-9, including Block N, Riverview Heights, subject of easement of record, generally located at 571-79h Way NE. Approval of this variance is contingent upon the following stipulations: 1. Petitioner shall obtain all necessary building permits prior to construction. 2. The structure shall not be used for a home occupation or living area. 3. Total square footage of all necessary structures shall not exceed 1,400 square feet. 4. The accessory structure shall be architecturally compatible with existing home and finished with complementary siding, color scheme, roof pitch, and roofing materials. 5. All vehicles shall be stored on a hard surface driveway as approved by the City. 6. Driveway shall meet the code requirements and be 3 feet from all property lines or written approval from neighboring property owners must be filed with the City. 7. No other shed or other accessory structure other than the proposed garage shall be permitted or constructed on the property. 8. There shall be no storage of non -.home business-related purposes. You have one year from the date of City Council action to initiate construction. If you cannot begin construction in 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 763-572-3590. Sincerely, i _ Scott ment Director SH/jt cc: Special Use Permit File Address File Mary Hintz Stacy Stromberg Please review the above, sign the statement below and return one copy to the City of Fridley Planning Department by, April 16, 2004. Concur with action taken. C-04-32 .. FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 8, 2004 PAGE 6 Consideration of items not on the agenda. Hearing none, MaygeLund introduced the new recording secretary, Rebecca Brazys. 18. Special Use Permit Request, SP #04-02, by Kevin and Paulette Holman to construct a detached garage in the rear yard which is located in a Flood Fringe District, -generally located at 571 — 79th Wav NE (Ward 3). 19. Variance Request, VAR #04-01, by Kevin and Paulette Holman, to increase the Maximum Size of a First Accessory Structure from 1,000 square feet to 1,168 square feet and to allow the accessory structure to exceed 100% of the first Ward 3). Mr. Hickok, Community Development Director, reviewed the above petitions explaining they were seeking a special use permit to build a detached garage in a flood fringe district. No structures can be constructed in this district without a Special Use Permit. The garage will be constructed in the northeast corner of the lot. Planning Commission reviewed and recommended approval of SP #04-02 with stipulations. The Appeals Commission recommended approval to increase the size of the detached garage with stipulations. However, the Appeals Commission recommended denial of the second variance as no similar variances have been granted in the past and there's no undue hardship that would warrant that additional 50 square feet. That is staffs recommendation as well, to approve the special use permit and to approve the first of the two variances, but to deny the variance that would allow the garage to be 50 square feet larger than the first floor living area of the home. Paulette Holman, 571 — 79th Way N.E., explained they are requesting the additional 50 feet on the garage so they can get rid of a storage shed on their property. The increase in size will allow enough room for lawn equipment that is currently being stored outside and will allow them to store items that cannot be stored in their basement due to the flooding concerns. This will be a two -car garage and the additional section will be for all their storage. Councilmember Bolkcom asked if the boat that is currently sitting on the property will be stored in the new garage. Ms. Holman responded that it will still be stored along side the house. Councilmember Bolkcom asked if anything has changed in the past couple of years as to how the City is handling the flooding issue. Mr. Haukaas, Public Works Director, explained there are better controls in place; a higher road was installed, storm water ponding was created, a flood gate was put in and we have a grant for a higher volume pump. We feel this does provide adequate capacity to prevent serious damage to the homes in the area, but they cannot guarantee there will be no flooding. FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 8, 2004 PAGE 7 Councilmember Bolkcom asked if there could be flooding in the area of the proposed garage. Mr. Haukaas stated if the water came up that high it could affect the garage. But there are requirements for flood -proofing of the structure and the elevation of the garage would be much higher than the basement floor elevation. Councilmember Bolkcom stated approving the second variance is a concern because it could set a precedent and the City would be faced with other such variance requests. The fact that the boat would continue to be stored outside is also a concern. Councilmember Wolfe commented that the fact that the petitioner is unable to store personal items in the basement because of the flooding hazards creates a hardship. Councilmember Bolkcom asked if staff has heard from any of the neighbors regarding this matter. Mr. Hickok replied staff heard from one neighbor who is afraid the garage will become the site of a home occupation. The petitioner has assured the City that it will not be put to such use. Ms. Holman explained they do own a business but it is operated out of an office on University Avenue. Councilmember Barnette pointed out a letter from neighbors Patty and Jake Bozony supporting this proposal. Mayor Lund questioned if the petitioners had taken into account the available storage space in the garage attic. Ms. Holman responded they are aware they can store in the rafters and in the eaves, but that area is difficult to get to. Mayor Lund asked if the 50 foot addition is important. Ms. Holman replied that they will still build the garage, but will also have to build another shed. They would prefer to have all the storage in one area. She added they have been in this house for 16 years and have been flooded twice. The flooding remains a problem even after the work done by the City. Mr. Hickok explained that the petitioner could still build a good size storage shed in addition to the garage and remain within the requirements of the ordinance. Councilmember Bolkcom asked if Council could stipulate that no additional sheds be built on the property if the second variance is approved. Attorney Knaak stated Council could impose that as a part of the approval. He recommended Council state the specific details of the hardship to avoid setting a precedent. . FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 8, 2004 PAGE 8 20. Councilmember Barnette asked if the petitioner would agree with limiting additional sheds. Ms. Holman replied she would prefer to discuss this with her husband and would have to reach him by phone. MOTION by Councilmember Bolkcom, seconded by Councilmember Barnette to table Special Use Permit Request, SP #04-02. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Bolkcom, seconded by Councilmember Barnette to table Variance Request, VAR #04-01. . UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Hickok, CommuniDevelopment Director, stated the property is zoned single family IN residential. Private scho s are permitted in this district with a special use permit. Public schools are permitted by ' ht. Spring Lake Park School District committed to going through with the special use ermit process so it can ensure neighborhood compatibility. A private party owns the pa and the school district will rent the property from those owners. At the February 18 PI\themoved ommission meeting, a public hearing was held and after a lengthy discussionnning Commission recommended approval of Special Use Permit SP #04-01 lations. The motion failed to carry on a 4 — 3 vote. The Planning Commissioto recommend denial and the motion was approved on a 4 — 3 vote. Thommends approval of this petition with twelve stipulations. Councilmember Billings asked if it is corre that the school district does not have to go through this process. Mr. Hickok explained that public schools, by ue of being there, make the property public and could be there by right. Councilmember Billings asked if there are other face 'ties similar to this in the City and whether there have been any complaints. Mr. Hickok stated Fridley School District does have a malar facility near 1-694 off Seventh Street. There have been no complaints in the two y ars it has been operating. Frank Herman, director of the Learning Alternative Program f the Spring Lake Park School District, explained this property will be used by young aIts, ages 18 to 21, to transition them into independent living. FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 8.2004 PAGE 13 UPON A VOICE VOTE, ALL VOT hG AYE, MAYOR LUND DECLARED THE AMENDMENT TO STIPULATION NO/4 CARRIED UNANIMOUSLY. Councilmember Billings thanked eryone who appeared and stated that he wanted it clearly understood that the sch I could have started these activities without Council approval. He said it is importa for these students to be trained in the ways of life and he is confident that the neigh ors will find the school and the students to be very good neighbors. UPON A VOICE VOTE, A L VOTING AYE, MAYOR LUND DECLARED THE MOTION TO APPROVE SP #04-0 CARRIED UNANIMOUSLY. 18. Special Use Permit Request, SP #04-02, by Kevin and Paulette Holman to District. aenerallv located at 571 — 19 Variance Reauest, VAR #04-01, by Kevin and Paulette Holman, to increase the Maximum Size of a First Accessory Structure from 1,000 square feet to 1,168 square feet, and to allow the accessory structure to exceed 100% of the first floor area of a dwelling unit, to allow the construction of a 1,168 square foot detached —, rftr.n in #kn rnftr vmrri nennrrolly Inrn4orl mf AM — 7Qt11 Wnv NF /Ward 'Al MOTION by Councilmember Bolkcom, seconded by Councilmember Wolfe, to remove Special Use Permit Request, SP #04-02 and Variance Request, VAR #04-01, from the table. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Bolkcom asked if the petitioners agree with the proposed stipulations that no other shed shall be built on the property, that the current shed shall be removed, and that no storage shall be non -home business related or for commercial business. Kevin and Paulette Holman stated they agreed with the restrictions. MOTION by Councilmember Bolkcom, seconded by Councilmember Wolfe, to approve Special Use Permit Request, SP #04-02 with the following stipulations: 1. Petitioner shall obtain all necessary permits prior to construction. 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, color scheme, roof pitch, and roofing materials. 5. The petitioner shall submit an elevation certificate as part of a verifying survey prior to the foundation being capped, which shall verify that the minimum garage floor elevation is 821 feet. 6. The petitioner shall flood -proof the garage in accordance with current Federal and State flood -proofing requirements to a minimum of the 100 -year flood elevation. FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 8.2004 PAGE 14 21. 7. Retaining wall needs to be approved by the City's engineering staff prior to construction and will require a separate building permit. 8. Driveway shall meet code requirements and be 3 feet from all property lines or written approval from neighboring property owners must be filed with the City. 9. No other shed or other accessory structure other then the proposed garage shall be permitted or constructed on the property. 10. There shall be no storage of the non -home business-related purposes. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Bolkcom, seconded by Councilmember Wolfe, to approve Variance Request, VAR #04-01, with the following stipulations: 1. Petitioner shall obtain all necessary building permits prior to construction. 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, color scheme, roof pitch, and roofing materials. 5. All vehicles shall be stored on a hard surface driveway as approved by the City. 6. Driveway shall meet the code requirements and be 3 feet from all property lines or written approval from neighboring property owners must be filed with the City 7. No other shed or other accessory structure other than the proposed garage shall be permitted or constructed on the property. 8. There shall be no storage of non -home business-related purposes. MOTION by Councilmember Bolkcom, seconded by Councilmember Barnette, to add two stipulations that no other shed or other accessory structure other than the proposed garage shall be permitted or constructed on the property and that there shall be no storage of non -home business-related purposes. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION TO APPROVE VARIANCE REQUEST, VAR #04-01 CARRIED UNANIMOUSLY. n MOTION by Councilmen er Wolfe, seconded by Councilmember Barnette, to waive the reading and open the public earing. AGENDA ITEM ri CITY COUNCIL MEETING OF MARCH 8, 2004 MY OF FRIDLEY Date: March 3, 2004 To: William Burns, City Manager l� From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject: Variance Request, VAR #04-01, Kevin and Paulette Holman, 571 79th Way M-04-36 INTRODUCTION The petitioners, Kevin and Paulette Holman, are seeking two variances in order to allow the construction of a 1,168 square foot detached garage in the rear yard of their residence, which is located at 571 79th Way. The first variance the petitioners are requesting is to increase the maximum size of a first accessory structure from 1,000 square feet to 1,168 square feet. City staff has no recommendation on this variance request as similar variances have been granted in the past. The second variance request is to exceed 100% of the first floor area of their dwelling unit, from 1,118 square feet to 1,168 square feet. City staff has not been able to identify any hardship for this variance request. The property located in the flood plain is a unique condition to the property; however, the petitioner desire to construct a garage larger than the size of the existing home is not a unique condition. A garage of 1,118 square feet (the size of the existing home) would still provide adequate room for vehicle parking and storage space. The petitioners have also requested a special use permit to construct a detached garage in the CRP -2, Flood Fringe District. No structures or buildings can be constructed in the CRP -2, Flood Fringe District, without first obtaining a special use permit. Please see special use permit memo for the Planning Commission recommendation. APPEALS COMMISSION RECOMMENDATIONS First Variance Request — At the February 25, 2004, Appeals Commission meeting, a public hearing was held for VAR #04-01. After a brief discussion, the Appeals Commission recommended approval of the variance to increase the size of the first accessory structure from 1,000 square feet to 1,118 square feet. THE MOTION CARRIED UNANIMOUSLY. Second Variance Reauest — At the February 25, 2004, Appeals Commission meeting, a public hearing was held for VAR #04-01. After a brief discussion, the Appeals Commission recommended denial of the variance to exceed the first floor area of the dwelling, as no similar variances have been granted in the past, and there is no undue hardship. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMNEDATION City Staff recommends concurrence with the Appeals Commission. CITY COUNCIL MEETING CITY OF FRIDLEY FEBRUARY 28, 2005 The City Council meeting for the City Fridley was called to order by Mayor Lund at 7:30 p.m. PLEDGE OF ALLEGIANCE: Mayor Lund led Council and audi nce in the Pledge of Allegiance to the flag. ROLL CALL: MEMBERS PRESENT: ayor Lund ouncilmember-at-Large Barnette Councilmember Billings Councilmember Wolfe Councilmember Bolkcom OTHERS PRESENT: William Bums, City Manager Fritz Knaak, City Attorney Scott Hickok, Community Development Director Jon Haukaas, Public Works Director Don Abbott, Public Safety Director Rebecca Brazys, Recording Secretary PROV City/Council Meeting of February 14, 2005. ROVED. NEW BUSINESS: 1. Variance Extension Request, VAR #04-01, by Kevin and Paulette Holman, to Increase the Maximum Size of a First Accessory Structure from 1,000 Square Feet to 1,168 Square Feet and to Allow an Accessory Structure to Exceed 100% of the First Floor Area of a Dwelling Unit to Allow the Construction of a 1,168 Square Foot Detached Garage in the Rear Yard, Generally Located at 571 — 79th Way N.E. (Ward 3). Dr. Burns, City Manager, explained that Mr. and Mrs. Holman were granted a variance on March 8, 2004, allowing the construction of an accessory use structure that is larger FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 28, 2005 PAGE 2 than the footprint of their house (1,168 square feet vs. 1,000 square feet). Since they are still awaiting financing and have not yet selected a contractor, they are asking for a one-year extension of their variance. Staff recommends Council's approval. APPROVED. 2. Claims: 120557 —120686 APPR VED. MOTTO by Councilmember Barnette, seconded by Councilmember Wolfe, to adopt the consent a enda as presented. UPON A VC, CE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED U:ANIMOUSLY. MOTION by Coun 'Imember Bolkcom, seconded by Councilmember Barnette, to adopt the agenda. UPON A VOICE VOT , ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUS Y. Consideration of items not on agenda —15 minutes. Don Anderson, 7304 West Ci Osborne Road and many driv4 Mr. Abbott, Public Safety Director, PUBLIC HEARING: 3. NPDES Annual Update. N.E., stated he rides his bike every day on Able and in the stop sign at that intersection. note of Mr. Anderson's concern. MOTION by Councilmember Bolkcom, secon ed by Councilmember Wolfe, to waive the reading of the public hearing notice and open t e public hearing. UPON A VOICE VOTE, ALL VOTING AYE, MA*7 LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Haukaas, Public Works Director, stated this was s heduled under the public hearing section of the agenda simply because it seemed to fit t re. The State does not require that a public hearing be held. This is the second revi of the NPDES storm water program. It includes what was done in 2004 and what m be done in 2005. NPDES stands for National Pollutant Discharge Elimination System. The authority comes from AGENDA ITEM ri CITY COUNCIL MEETING OF FEBRUARY 28, 2005 CrrY of FRIDLEY Date: February 23, 2005 �/ To: William Burns, City Manager old From: Scott Hickok, Community Development Director Julie Jones, Planning Coordinator Stacy Stromberg, Planner Subject: Variance Extension Request, VAR #04-01, Kevin & Paulette Holman M-05-14 INTRODUCTION Kevin and Paulette Holman, property owners of 571 79th Way were granted a variance on March 8, 2004, to increase the maximum size of a first accessory structure from 1,000 square feet to 1,168 square feet, and to allow an accessory structure to exceed 100% of the first floor area of a dwelling unit, to allow the construction of a 1,168 square foot detached garage in the rear yard of their property. As with all variances granted, the petitioners have one year from the date of approval to initiate construction. On February 23, 2005, staff received a letter from the Homan's requesting a 1 -year extension, as they are awaiting expectable financing and are also working on finding the right contractor to build a garage in the Flood Fringe District. PLANNING STAFF RECOMMENDATION City Staff recommends approval of the 1 -year extension ensuring that the garage addition is complete by March 8, 2006. 1 Y .. AGENDA ITEM ri CITY COUNCIL MEETING OF FEBRUARY 28, 2005 CrrY OF FRIDLEY Date: February 23, 2005 To: William Burns, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Coordinator Stacy Stromberg, Planner Subject: Variance Extension Request, VAR #04-01, Kevin & Paulette Holman M-05-14 INTRODUCTION Kevin and Paulette Holman, property owners of 571 79th Way were granted a variance on March 8, 2004, to increase the maximum size of a first accessory structure from 1,000 square feet to 1,168 square feet, and to allow an accessory structure to exceed 100% of the first floor area of a dwelling unit, to allow the construction of a 1,168 square foot detached garage in the rear yard of their property. As with all variances granted, the petitioners have one year from the date of approval to initiate construction. On February 23, 2005, staff received a letter from the Homan's requesting a 1 -year extension, as they are awaiting expectable financing and are also working on finding the right contractor to build a garage in the Flood Fringe District. PLANNING STAFF RECOMMENDATION City Staff recommends approval of the 1 -year extension ensuring that the garage addition is complete by March 8, 2006. 09/02/1996 01:58 763-5717477 Ta Stacy - City of Fridley From: Kevin and Paulette Holman Date: 2 105 Re: Garage extension Dear Stacy and City of Fridley, CREATIVE INCENTIVES PAGE 01 This letter is to request an extension on the variance that was passed in March of 2004 for building our garage. We are requesting a 1 -year extension to build the garage. We are waiting expectable financing and also working with contractors to fit our needs in order to build the garage, Sincerely, Kevin, Paulette and Casey Holman 1 AV City of Fridley Land Use Application VAR #04-01 February 25, 2004 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Kevin and Paulette Holman 571 79th Way NE Fridley MN 55432 Requested Action: To increase the minimum floor of a first accessory structure and to exceed 100% of the first floor area of the dwelling unit. Existing Zoning: R-1 (Single Family Residential) Location: 571 79th Way Size: 9,610 sq. ft. .22 acres Existing Land Use: Single Family Home. Surrounding Land Use & Zoning: N: Single Family & R-1 E: Single Family & R-1 S: Park & Public Facilities W: Single Family & R-1 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Section 205.07.01.13(4) ((a)) requires that the maximum size of the first accessory structure not exceed 1,000 square feet or 100% of the first floor area of a dwelling unit. Zoning History: 1922 — Lot is platted. 1962 — Home is built. 1988 — Deck constructed. Legal Description of Property: Lots 7-9, Block N, Riverview Heights Public Utilities: Home is connected. Transportation: 79th Way provides access to residence. Physical Characteristics: Typical suburban landscaping. SUMMARY OF PROJECT The petitioners, Mr. and Mrs. Holman, are seeking a variance to increase the maximum size of a first accessory structure from 1,000 square feet to 1,168 square feet. They are also seeking a variance to exceed 100% of the first floor area of their dwelling unit, from 1,118 square feet to 1,168 square feet to allow the construction of a detached garage in the rear yard of their property. SUMMARY OF HARDSHIP We are requesting the additional 168 square feet because since we've lived in our house, we have seen two 100 year floods both resulting to extensive water damage in our basement. Therefore, we have great apprehension in storing items like keepsakes and Christmas decorations in our basement. We are in need of a larger garage due to lack of storage space in our home." - Kevin & Paulette Holman SUMMARY OF ANALYSIS City Staff has no recommendation on the variance to exceed the size of the first accessory structure over 1,000 square feet as a similar variance has been granted in the past. Similar variance granted: VAR #94-30 501 Rice Creek Blvd. Variance approved to increase the size of the first accessory structure from 1,000 square feet to 1,144 square feet. City Staff recommends denial of the variance to exceed the first floor area of the dwelling. No similar variances have been granted in the past. No undue hardship CITY COUNCIL ACTION/ 60 DAY DATE City Council — March 8, 2004 (Proposed Location of Garage) Staff Report Prepared by: Stacy Stromberg VAR #04-01 REQUEST Petitioners, Kevin and Paulette Holman, are requesting two variances in order to allow the construction of a 1,168 square feet detached garage in the rear yard of their residence, which is located at 571 79th Way. They are seeking a variance to increase the maximum size of a first accessory structure from 1,000 square feet to 1,168 square feet. They are also seeking a variance to exceed 100% of the first floor area of their dwelling unit, from 1,118 square feet to 1,168 square feet. ANALYSIS The property is located on 7e Way, east of the Mississippi River, with the home fronting on 79th Way. The property is zoned R-1, Single Family as are the properties to the west, north and east. The property to the south of the subject property is a public park. The existing home was constructed in 1962. A garage has never existed on this site. Existing home The subject property is located in the CRP -2, Flood Fringe District. City Code states that no buildings or structures can be placed within the CRP -2, Flood Fringe District, unless a special use permit is granted. The proposed structure must be designed and certified by a registered engineer or architect as being in compliance with applicable building codes, including federal standards for flood -proofing. The petitioner has submitted all the necessary information needed to meet these requirements, including a certificate of survey, and the elevations and structural notes on the proposed structure. The petitioner has applied for a special use permit that was unanimously approved by the Planning Commission on February 18, 2004. Their request will go before the City Council on March 8, 2004. City Code requires that the first accessory building shall not exceed 100% of the first floor area of a dwelling unit or a maximum of 1,000 square feet. As stated above, the petitioners are seeking to exceed the 1,000 square foot maximum of a first accessory building by 168 square feet. The petitioner's existing home is 1,118 square feet, so not only are the petitioners requesting to exceed the maximum requirement allowed of 1,000 square feet for a first accessory building, but they are also exceeding the first floor area of their dwelling. To allow a garage to be larger than the house is making the house secondary to a larger accessory use Location of detached garage VARIANCE HARDSHIP Before the Commission shall grant a variance, it is the responsibility of the applicant to prove that enforcement of the code would case undue hardship because of conditions unique to the property and that if the variance is granted it will be keeping with the intent of the ordinance. Undue hardship as defined by law is: 1. The property cannot be put to reasonable use if used under the requirements of the code. 2. The need for the variance is due to the conditions unique to the property and not created by actions of the landowner. 3. The variance, if granted, will not alter the character of the neighborhood. City Staff has not been able to identify any hardship, as defined by the law, that would allow staff to recommend anything but denial of the request to allow the 1 st accessory structure to exceed the first floor area of the existing house. The petitioner has not listed out any legally defined hardship in their letter of hardship that would allow the accessory structure to be larger than their home. In reviewing the petitioner's request, staff applied the legal definition of hardship and developed the following analysis: 1. The property cannot be put to reasonable use if used under the requirements of the code. • Property can accommodate an accessory structure of at least 1,000 square feet, which allows adequate room for vehicle parking and storage. 2. The need for the variance is due to unique property conditions. • The property being located in the flood plain is a unique condition to the property, however, the petitioners desire to construct a garage larger than the size of the existing home is not a unique condition. • A garage of 1,118 square feet (the existing size of the home) would still provide adequate room for storage space. 3. The variance will not alter the character of the neighborhood. • The code requires that an accessory structure doesn't exceed the size of the home to maintain the residential quality of a neighborhood. Garages that oversize the home dominate the site and the neighborhood. This neighborhood consists mainly of smaller homes, with two car garages. The size of the proposed garage would be out of place in this neighborhood. SUMMARY OF HARDSHIP "We are requesting the additional 168 square feet because since we've lived in our house, we have seen 2 100 year floods both resulting to extensive water damage in our basement. Therefore, we have great apprehension in storing items like keepsakes and Christmas decorations in our basement. We are in need of a larger garage due to lack of storage space in our home."— also see attached letter from petitioner. - Kevin and Paulette Holman RECOMMENDATIONS City Staff has no recommendation on the variance to exceed the size of the first accessory structure over 1, 000 square feet as a similar variance has been granted in the past. Similar variance granted: VAR #94-30 501 Rice Creek Blvd. Variance approved to increase the size of the first accessory structure from 1,000 square feet to 1,144 square feet. City Staff recommends denial of the variance to exceed the first floor area of the dwelling. No similar variances have been granted in the past. a No undue hardship. STIPULATIONS Staff recommends that if the variance is granted, the following stipulations be attached. 1. Petitioner shall obtain all necessary building permits prior to construction. 2. The 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 side, color scheme, roof pitch and roofing materials. 5. All vehicles shall be stored on a hard surface driveway as approved by the City. 6. Driveway shall meet the code requirements and be 3 feet from all property lines or written approval from neighboring property owners must be filed with the City. . • • 'tel __ \\ a O • • � O O ® O O • • f • V ° • • o " ® o • NC\v ` • ® e • • • o °• • • ® Jso o • ® ® ® ® 0 o m • o • © ® o • . • o • e • ly�,VE3„ I CITY OF FRIDLEY APPEALS COMMISSION MINUTES FEBRUARY 25, 2004 CALL TO ORDER: Chairperson Kuechle called the Feb 25, 2004, Zoning Commission meeting to order at 7:29 p.m. ROLL CALL: Members Present: Ken Vos, %ue Jackson, Larry Kuechle, Blaine Jones, Gary Zinter Others Present: Stacy S romberg, Planner Kevin Paulette Holman, 571 7e Way NE Davi & Jennifer Jensen, 5297 Lincoln Street NE Rob6rta Chibel MOTION made by W Zinter seconded by Mr. Jones, to approve the December 10, 2003, minutes as written. / UPON A VOICE X/OTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING: Consideration of Variance Request VAR #04-01, by Kevin and Paulette Holman. Per Section 205.07.01.B.(4)(a)) of the Fridley Zoning Code, to increase the maximum size of a first accessory structure from 1,000 square feet, and to allow an accessory structure to exceed 100% of the first floor area of a dwelling unit, to allow the construction of a 1,168 square foot detached garage, in the rear yard, legally described as Lots 7, 8, 9, Block N, Riverview Heights, subject to easement of Record, generally located at 571 79th Way NE. MOTION by Ms. Jackson, seconded by Mr. Vos, to waive the full public reading and open the public hearing at 7:31 p.m. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 7:31 P.M.. Ms. Stromberg stated Kevin and Paulette Holman, are requesting two variances in order to allow the construction of a 1,168 square feet detached garage in the rear yard of their residence, which is located at 571 79th Way. Ms. Stromberg stated they are seeking a variance to increase the maximum size of a first accessory structure from 1,000 square feet to 1,168 square feet. Ms. Stromberg stated they are also seeking a variance to exceed 100% of the first floor area of their dwelling unit, from 1,118 square feet to 1,168 square feet. Ms. Stromberg stated the property is located on 791h Way, east of the Mississippi River, with the home fronting on 79th Way. The property is zoned R-1, Single Family as are the properties to Zoning Commission Meeting, February 25, 2004 Page 2 the west, north and east. The property to the south of the subject property is a public park. The existing home was constructed in 1962. A garage has never existed on this site. Ms. Stromberg stated the summary of hardship submitted by the petitioners reads: "We are requesting the additional 160 square feet because since we have lived in our house we have seen two 100 year floods, both resulting in extensive water damage in our basement. Therefore, we have great apprehension in storing items like keepsakes and Christmas decorations in our basement. We are in need of a larger garage due to a lack of storage space in our home." Ms. Stromberg stated the subjectproperty is located in the CRP -2, Flood Fringe District. City Code states that no buildings or structures can be placed within the CRP -2, Flood Fringe District, unless a special use permit is granted. The proposed structure must be designed and certified by a registered engineer or architect as being in compliance with applicable building codes, including federal standards for flood -proofing. The petitioner has submitted all the necessary information needed to meet these requirements, including a certificate of survey, and the elevations and structural notes on the proposed structure. Ms. Stromberg stated the petitioner has applied for a special use permit that was unanimously approved by the Planning Commission on February 18, 2004. Their request will go before the City Council on March 8, 2004. Ms. Stromberg stated City Code requires that the first accessory building shall not exceed 100% of the first floor area of a dwelling unit or a maximum of 1,000 square feet. As stated above, the petitioners are seeking to exceed the 1,000 square foot maximum of a first accessory building by 168 square feet. The petitioner's existing home is 1,118 square feet, so not only are the petitioners requesting to exceed the maximum requirement allowed of 1,000 square feet for a first accessory building, but they are also exceeding the first floor area of their dwelling. Ms. Stromberg stated that before the Commission shall grant a variance, it is the responsibility of the applicant to prove that enforcement of the code would case undue hardship because of conditions unique to the property and that if the variance is granted it will be keeping with the intent of the ordinance. Undue hardship as defined by law is: 1. The property cannot be put to reasonable use if used under the requirements of the code. 2. The need for the variance is due to the conditions unique to the property and not created by actions of the landowner. 3. The variance, if granted, will not alter the character of the neighborhood. Ms. Stromberg stated that City Staff has not been able to identify any hardship, as defined by the law, that would allow staff to recommend anything but denial of the request to allow the 1"t accessory structure to exceed the first floor area of the existing house. The petitioner has not listed out any legally defined hardship in their letter of hardship that would allow the accessory structure to be larger than their home. In reviewing the petitioner's request, staff applied the legal definition of hardship and developed the following analysis: 1. The property cannot be put to reasonable use if used under the requirements of the code. • Property can accommodate an accessory structure of at least 1,000 square feet, which allows adequate room for vehicle parking and storage. 2. The need for the variance is due to unique property conditions. .. 1. r� :. Zoning Commission Meeting, February 25, 2004 Page 3 o , • The property being located in the flood plain is a unique condition to the property, however, the petitioners desire to construct a garage larger than the size of the existing home is not a unique condition. • A garage of 1,118 square feet (the existing size of the home) would still provide adequate room for storage space. 3. The variance will not alter the character of the neighborhood. • The code requires that an accessory structure doesn't exceed the size of the home to maintain the residential quality of a neighborhood. Garages that oversize the home dominate the site and the neighborhood. This neighborhood consists mainly of smaller homes, with two car garages. The size of the proposed garage would be out of place in this neighborhood. Ms. Stromberg stated City Staff has no recommendation on the variance to exceed the size of the first accessory structure over 1,000 square feet as a similar variance has been granted in the past.. Ms. Stromberg stated a similar variance was granted in 1994 at 501 Rice Creek Boulevard. This variance was approved to increase the size of the first accessory structure from 1,000 square feet to 1,144 square feet. Ms. Stromberg stated that City Staff recommends denial of the variance to exceed the first floor area of the dwelling. because no similar variances have been granted in the past and there is no undue hardship. Ms. Stromberg stated that Staff recommends that if the variance is granted, the following stipulations be attached. 1. Petitioner shall obtain all necessary building permits prior to construction. 2. The 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 side, color scheme, roof pitch and roofing materials. 5. All vehicles shall be stored on a hard surface driveway as approved by the City. 6. Driveway shall meet the code requirements and be 3 feet from all property lines or written approval from neighboring property owners must be filed with the City. Mr. Holman stated that the garage would be at the same grade as the first level of the house. Mr. Holman stated that the water comes up through the basement floor, not through the walls or windows. Mr. Holman stated the reason for requesting the oversize garage is because the basement cannot be used and the house has no upstairs. The larger garage would be used to store items which would normally be stored in the basement in addition to the items which are currently stored in the shed. Mr. Holman stated that about 10 years ago there was about an inch of water in the basement. When the City reconstruction the area, the water level was really deep and the basement had to be totally gutted because mold had developed between the walls. -r . Zoning Commission Meeting, February 25, 2004 Page 4 Ms. Jackson asked about placing shelves in the basement for storage. Mr. Holman stated that the fire department has warned them that if the basement gets flooded too bad, the basement would have to be filled in to prevent the walls from collapsing in. The last time that happened they had 6 hours to get everything out of the house. Mr. Kuechle stated that the problem with this issue is not the 1,118 but of the garage larger than the size of the house. He would like it cut back approximately 50 square feet to get into the 1,118 square feet. Mr. Holman stated he could make it 24 x 20 square foot structure which would give 1,120 square feet but would be difficult to get it to the 1,118 foot. Another shed would be constructed if the garage was 1,118 square feet. Ms. Roberta Chibel stated she was the daughter of Earl Gemmill who owns Lot 6, and asked where the location of the garage access would be. She also stated that the existing tar and yard is not to be used for accessing the garage. Mr. Holman stated access to the garage would face east and would not access it by the yard. Ms.Chibel stated there was some concern about drainage unto her father's yard. Mr. Holman stated that the question was addressed to Jon Haukaas who stated there didn't appear to be a problem with the drainage. 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 UNANIMOUSLY, AND THE PUBLIC HEARING CLOSED AT 8:00 P.M. Dr. Vos stated that he does not see a hardship and would vote no on both variance requests. Ms. Jackson stated she did not have a problem with exceeding 1,000 square feet up to the foot- print but would not go for larger than the footprint because it would set a precedent. Mr. Kuechle stated that variances for first and second accessory structures that exceeded 1,000 square feet have been approved but does have a problem with going beyond the 1,118 square feet of the house because it hasn't been done before and it would be setting a precedent. He recommended approval of the first and denial of the second variance request. Mr. Jones stated he did not see a hardship to go above the 1,000 square feet but does have a problem with 1,168 square feet because it sets a precedent. Mr. Zinter stated he agreed with flexibility on the placement and size of the structure but did not support exceeding the 1,118 square feet. MOTION by Dr. Vos, seconded by Mr. Jones to approve the variance request for the maximum size of the first accessory structure of 1,000 square feet but not to exceed the current footprint of the home, with the following stipulations: 1. Petitioner shall obtain all necessary building permits prior to construction. 2. The structure shall not be used for a home occupation or living area. Zoning Commission Meeting, February 25, 2004 Page 5 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 side, color scheme, roof pitch and roofing materials. 5. All vehicles shall be stored on a hard surface driveway as approved by the City. 6. Driveway shall meet the code requirements and be 3 feet from all property lines or written approval from neighboring property owners must be filed with the City. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Mr. Jones, seconded by Mr. Zinter to recommend denial of the variance request for the accessory building to exceed the square foot of the current house. If the variance is approved, the Commission recommends the following stipulations: 1. Petitioner shall obtain all necessary building permits prior to construction. 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 side, color scheme, roof pitch and roofing materials. 5. All vehicles shall be stored on a hard surface driveway as approved by the City. 6. Driveway shall meet the code requirements and be 3 feet from all property lines or written approval from neighboring property owners must be filed with the City. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Dr. Vos, seconded by Ms. Jackson to receive the letter relative to variance request #04-01 from the resident at 501 79 h Way. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. JENSEN Per Section 205.0 .03.D.(2).(C)((3)) of the Fridley Zoning Code to reduce the required side yard setback fo an accessory structure which opens on a side street from 25 feet to 17 Y2 feet to allow the onstruction of a 22' x 22' detached garage, legally described as Lot 14, 13, Block 1, Ho ' on Heights, generally located at 5297 Lincoln Street NE. MOTION by Dr. Vos, seconded b�Mr. Jackson to waive the full public reading and open the public hearing at 8:13 p.m. \ UPON A VOICE VOTE, ALL VOTINGX4YE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. \ Ms. Stromberg stated the petitioners, Davi and Jennifer Jensen, are seeking a variance to reduce the side yard setback for an accessoV structure that opens to a side street from 25 feet to 17 Y2 feet to allow for the construction of a ft. by 22 ft. detached garage at their residence, which is located at 5297 Lincoln Street. Ms. Stromberg stated that the summary of hards ' submitted by the petitioner reads: "We are requesting that a variance be granted to reduce the ide yard setback on a comer lot for an accessory structure from 25 feet to 17 % feet. The p posed variance would eliminate three City of Fridley Land Use Application VAR #04-01 February 25, 2004 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Kevin and Paulette Holman 571 79' Way NE Fridley MN 55432 Requested Action: To increase the minimum floor of a first accessory structure and to exceed 100% of the first floor area of the dwelling unit. Existing Zoning: R-1 (Single Family Residential) Location: 571 79' Way Size: 9,610 sq. ft. .22 acres Existing Land Use: Single Family Home. Surrounding Land Use & Zoning: N: Single Family & R-1 E: Single Family & R-1 S: Park & Public Facilities W: Single Family & R-1 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Section 205.07.01.13 (4) ((a)) requires that the maximum size of the first accessory structure not exceed 1,000 square feet or 100% of the first floor area of a dwelling unit. Zoning History: 1922 — Lot is platted. 1962 — Home is built. 1988 — Deck constructed. Legal Description of Property: Lots 7-9, Block N, Riverview Heights Public Utilities: Home is connected. Transportation: 791' Way provides access to residence. Physical Characteristics: Typical suburban landscaping. SUMMARY OF PROJECT The petitioners, Mr. and Mrs. Holman, are seeking a variance to increase the maximum size of a first accessory structure from 1,000 square feet to 1,168 square feet. They are also seeking a variance to exceed 100% of the first floor area of their dwelling unit, from 1,118 square feet to 1,168 square feet to allow the construction of a detached garage in the rear yard of their property. SUMMARY OF HARDSHIP "We are requesting the additional 168 square feet because since we've lived in our house, we have seen two 100 year floods both resulting to extensive water damage in our basement. Therefore, we have ' 0 ' '-,epsakes ho We are �I �orage -�'lWitte Holman �ariance to lJ V cture over is been � I � V] � )�'JP,V! , , I I � ze of the ;quare feet nce to ted in the No undue hardship CITY COUNCIL ACTION/ 60 DAY DATE City Council — March 8, 2004 j (Proposed Location of Gara4e) Staff Report Prepared by: Stacy Stromberg VAR #04-01 REQUEST Petitioners, Kevin and Paulette Holman, are requesting two variances in order to allow the construction of a 1,168 square feet detached garage in the rear yard of their residence, which is located at 571 79th Way. They are seeking a variance to increase the maximum size of a first accessory structure from 1,000 square feet to 1,168 square feet. They are also seeking a variance to exceed 100% of the first floor area of their dwelling unit, from 1,118 square feet to 1,168 square feet. ANALYSIS The property is located on 79' Way, east of the Mississippi River, with the home fronting on 79th Way. The property is zoned R-1, Single Family as are the properties to the west, north and east. The property to the south of the subject property is a public park. The existing home was constructed in 1962. A garage has never existed on this site. Existing home The subject property is located in the CRP -2, Flood Fringe District. City Code states that no buildings or structures can be placed within the CRP -2, Flood Fringe District, unless a special use permit is granted. The proposed structure must be designed and certified by a registered engineer or architect as being in compliance with applicable building codes, including federal standards for flood -proofing. The petitioner has submitted all the necessary information needed to meet these requirements, including a certificate of survey, and the elevations and structural notes on the proposed structure. The petitioner has applied for a special use permit that was unanimously approved by the Planning Commission on February 18, 2004. Their request will go before the City Council on March 8, 2004. City Code requires that the first accessory building shall not exceed 100% of the first floor area of a dwelling unit or a maximum of 1,000 square feet. As stated above, the petitioners are seeking to exceed the 1,000 square foot maximum of a first accessory building by 168 square feet. The petitioner's existing home is 1,118 square feet, so not only are the petitioners requesting to exceed the maximum requirement allowed of 1,000 square feet for a first accessory building, but they are also exceeding the first floor area of their dwelling. To allow a garage to be larger than the house is making the house secondary to a larger accessory use VARIANCE HARDSHIP Before the Commission shall grant a variance, it is the responsibility of the applicant to prove that enforcement of the code would case undue hardship because of conditions unique to the property and that if the variance is granted it will be keeping with the intent of the ordinance. Undue hardship as defined by law is: 1. The property cannot be put to reasonable use if used under the requirements of the code. 2. The need for the variance is due to the conditions unique to the property and not created by actions of the landowner. 3. The variance, if granted, will not alter the character of the neighborhood. City Staff has not been able to identify any hardship, as defined by the law, that would allow staff to recommend anything but denial of the request to allow the 1 st accessory structure to exceed the first floor area of the existing house. The petitioner has not listed out any legally defined hardship in their letter of hardship that would allow the accessory structure to be larger than their home. In reviewing the petitioner's request, staff applied the legal definition of hardship and developed the following analysis: 1. The property cannot be put to reasonable use if used under the requirements of the code. • Property can accommodate an accessory structure of at least 1,000 square feet, which allows adequate room for vehicle parking and storage. 2. The need for the variance is due to unique property conditions. • The property being located in the flood plain is a unique condition to the property, however, the petitioners desire to construct a garage larger than the size of the existing home is not a unique Icondition. • A garage of 1,118 square feet (the existing size of the home) would still provide adequate room for storage space. 3. The variance will not alter the character of the neighborhood. • The code requires that an accessory structure doesn't exceed the size of the home to maintain the residential quality of a neighborhood. Garages that oversize the home dominate the site and the neighborhood. This neighborhood consists mainly of smaller homes, with two car garages. The size of the proposed garage would be out of place in this neighborhood. SUMMARY OF HARDSHIP "We are requesting the additional 168 square feet because since we've lived in our house, we have seen 2 100 year floods both resulting to extensive water damage in our basement. Therefore, we have great apprehension in storing items like keepsakes and Christmas decorations in our basement. We are in need of a larger garage due to lack of storage space in our home."— also see attached letter from petitioner. - Kevin and Paulette Holman RECOMMENDATIONS City Staff has no recommendation on the variance to exceed the size of the first accessory structure over 1,000 square feet as a similar variance has been granted in the past. Similar variance granted: VAR #94-30 501 Rice Creek Blvd. Variance approved to increase the size of the first accessory structure from 1,000 square feet to 1,144 square feet. City Staff recommends denial of the variance to exceed the first floor area of the dwelling. No similar variances have been granted in the past. No undue hardship. STIPULATIONS Staff recommends that if the variance is granted, the following stipulations be attached. 1. Petitioner shall obtain all necessary building permits prior to construction. 2. The 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 side, color scheme, roof pitch and roofing materials. 5. All vehicles shall be stored on a hard surface driveway as approved by the City. 6. Driveway shall meet the code requirements and be 3 feet from all property lines or written approval from neighboring property owners must be filed with the City. To: City of Fridley Frorre Kevin and Paulette Holman Date: 1/14/04 Re: Garage Dear City of Fridley, We are looking to build a garage to the size of 1168 square feet. We need the additional 168 square feet for the following reasons: 1.) Our home was build by the same people that build Riverpoint Apartments (Meadow Run). It was built for more living space than storage space. However, there was some room in our basement made for storage purposes. Since we have lived here in Fridley (16 years) we have seen Two 100 year floods both resulting to extensive water damage in our basement. The last of which we had to totally gut our basement. As you can tell we have great apprehension in storing items like keepsakes and Christmas decorations in our basement because of the possibility of them getting ruined forever by water. 2.) Within the last 18 months the creek has again overflowed itself coming to the just the comer of our backyard. This is why we can't use our basement as storage due to potential water damage. To avoid this problem for the garage we will be raising our backyard up approx. 5 to 6 feet. (See Plans Attached). 3.) We are in need of building a garage due to lack of storage space in our home. Presently we are renting an additional storage space away from our home, which costs us $150.00 per month. 4.) In order to build the garage we will need to take our shed down that is 100 square feet. All items inside of shed need to be in a covered building such as yard care stuff and children's outdoor toys. As of right now our shed isn't large enough as it is for our riding lawn mower and mower trailer these items sit outside of well as our bikes. 5.) We will also need to house one large truck (2000 Silverado) and a full size mini van (1999 Gran Voyageur). 6.) We have spoken to a few builders and they have suggested in building a garage and working with lumber it is so much easier to work with even numbers. Taking that in to consideration as well as meeting all our needs that is why 1168 square feet is needed (see plans). We have lived in this house for over sixteen years now, and as some of you know, We take extreme pride in having a pleasant "curb appeal" to our property. We have also taken great consideration in the appearance to the neighborhood, which is one reason we have chosen the "L" shape we have. We will be constructing and siding garage so it will match the look of the house. Sevin, Paulette and Casey Holman Standing on Eastside of garage looking west *North wall will be one flat wall with no more then two windows *Siding to be blue maintenance free vinyl siding to match as close to house color and size *Roofing material to match as close to house as possible 39 Standing on south of garage looking north *West wall will be one flat wall with no more then one window *Siding to be blue maintenance free vinyl siding to match as close to house color and size *Roofing material to match as close to house as possible II 8�r p. 25.45 i T,0.S.=82,0 SETBACK / LINES wcb a a Z 0 GRADING LEGEND �� + ------ — EXISTING CONTOUR R-ETAINI G W LL — PROPOSED CONTOUR S DWG S-6 � O o`�'� o o 76.35-- rr 2545 _ S 3.3 6'46"W � —SNEO wry. v O M rn o � ^J 0) 0 C'4 / 82ND Ld 00 �g2°o �L�X109 wry^ 2 \ O e o tr) / 0 1 19. lb o a �\ + ti NOVSE o a e ` 'zz° 00 tiyg22. v FU AMENS a O °�-3 a t; m 26.3 �ti 10 ti ti`' 00 ryo� 2 1 e a 0ti 5 4 •.� + a Y �ro / N C VERED 820.0 N N +4>�' �. N d �2 � or \ 6,229 — — 822.0--__ i_ \ n� N89'44'B 4oW 767 pm O 20 40 60 RESIDENTIAL ADDITION CooM : 571 79th WAY NE DRAWN E R I D L E Y, MN CHECK] for PAULETTE HOLMAN GRADING PLAN 79TH WAY 3INEERS INC.UdrlG ye S — 3 East River Road Suite 30 apolis, MN 55421 07/15/03 763-571-2500 Fax 763-571-1168 CITY OF FRIDLEY 6431 UNIVERSITY AVENUE FRIDLEY, MN 55432 (763) 572-3592 1 COMMUNITY DEVELOPMENT DEPARTMENT VARIANCE APPLICATION FOR: Residential Commercial/Industrial Signs PROPERTY INFORMATION: isite plan re uired for submittal, see attached) Address: S"71 '24 9/�✓ Property Identification Number: ? j 4-' 03 -3® -ZV-SZ _ l7®,51 Legal Description: Lot '7,8, Block Tract/Addition Current Zoning: �'e / 4jiV�Am,4 Square Footage/acreage: A®orar ig�aa Reason for Variance: � 5r f� Have you operated a business in a city which required a business license? Yes 7�- No If Yes, which City? F'� D 1,. If Yes, what type of business? Cra� S k.a Was that license ever denied or revoked? Yes No X .V/r..1►I.r/1/.VMM.V/b1V.V...../../MA/NI V../AVIYA/M.V/.D/VN.V/►ti.V/./A/A1../.VIVIV.V/VIV/V.VA/1VIVIV AI/./I.//.II�1.V.VMIVNMYI/V IVM/./VIV..i/.V.V.VAI/V AIA//r/./w./ FEE OWNER INFORMATION (as it appears on the property title) (Contract purchasers:. Fee owners must sign this form prior to processing.) NAME: ADDRESS: fG DAYTIME PHONE: SIGNATURE/DATE: PETITIONER INFORMATION NAME: - ADDRESS: DAYTIME PHONE:�Ga3`--S-,7®SIGN T RE/DATE: Section of City Code: FEES Fee: $100.00 for commercial, industrial, or signs: Fee: $60.00 for residential properti s: Receipt #: 9 Received By: Application Number: 11ARL f9 Scheduled Appeals Commission ate: i C Scheduled City Council Date: a -044 10 Day Application Complete Notification Date: 60 Day Date: -o 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 slite plan of property shavving north arrow, existing and proposed structures, lot and block number, adjacent street names, and buildings J on adjacent lots within 10 feet of the common lot lines. Elevation of building and description of materials. Narrative of proposed building, and summa 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. Gra Ing and drainage plan. Erosion control plan. Calculations for stormwater runoff. City of City of Fridley Fridley Public Hearing Notice LEGEND N Sources: Fridley Engineering Variance Request #04-01Fridley GIS County GIS 571 79th Way Petitioner: Kevin & Paulette Holman Map Date: 1/28/04 Bad Address 13 Bad Address 14 Bad Address 15 FRIDLEY,MN 55432 FRIDLEY,MN 55432 , Bad Address 4 Bad Address 5 BOZONY MILAN P & PATRICIA A FRIDLEY,MN 55432 FRIDLEY,MN 55432 501 79TH WAY NE FRIDLEY,MN 55432 CARLSON JOANNE M CURRENT RESIDENT CURRENT RESIDENT 7919 BROAD AVE NE 526 DOVER ST NE 530 DOVER ST NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 CURRf NUT RESIDENT � l CURRENT RESIDENT CURRQIT RESIDENT ,�, ) 541 BUFFALO ST NE 01v 555 79TH WAY NE 611 BU O ST NE�J��v FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLLrYUN 55432 FRIDLEY CITY OF FRIDLEY CITY OF FRIDLEY CITY OF 6431 UNIVERSITY AVE NE Bad Address 1 Bad Address 10 FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY CITY OF FRIDLEY CITY OF FRIDLEY CITY OF Bad Address 11 Bad Address 12 Bad Address 2 FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY CITY OF FRIDLEY CITY OF FRIDLEY CITY OF Bad Address 3 Bad Address 6 Bad Address 7 FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY CITY OF GEMMILL EARL M & LUVERN P HOLMAN KEVIN & PAULETTE Bad Address 9 468 LONGFELLOW ST NE 571 79TH WAY NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 HRA CITY OF FRIDLEY JAMES CLYDE N & SHARON E KELLER RICHARD MERLIN 6431 UNIVERSITY AVE 430 LONGFELLOW ST NE 7898 ALDEN WAY NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 KHAN IRFAN Z LAGESSE GARLAND C JR & JANE LUTZ GARY J & SUSAN M 7892 ALDEN WAY NE 7951 BROAD AVE NE 467 79TH WAY NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 MCCOY RENEE RUTH MORGAN WILLIAM A & CYNTHIA M PEABODY TROY A & ANNA L 581 BUFFALO ST NE 479 79TH WAY NE Bad Address 8 FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 POMEROY FRANK & BERNADINE 455 79TH WAY NE FRIDLEY,MN 55432 WRIGHT JOHN D JR & SUSAN A 520 DOVER ST NE FRIDLEY,MN 55432 SHOGREN RANDY & MARY 524 DOVER ST NE FRIDLEY,MN 55432 WELLMAN RUBY E 467 LONGFELLOW ST NE FRIDLEY,MN 55432 .T CIiYOF FRIDLEY FRIDLEY MUNICIPAL CENTER - 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 - (763) 571-3450 - FAX (763) 571-1287 February 2, 2004 Kevin and Paulette Holman 571 79' Way NE Fridley MN 55432 Dear Mr. and Mrs. Holman: 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 January 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 February 25, 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 March 8, 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. C-04-19 I + 's22s_ `------ ae2.o---- — N8( In Description of PropertX. Lots7, 8, and 9, Block N, RIVER VIEW HEIGHTS, Anoka County, Minnesota. Pro®erty Address: 571 79TH WAY NE FRIDLEY MN 55432 PID N0: 03-30-24-32-0057 j J,zx ti 1 ti, — C VERED PO C�H� i N o 4'14"W \ Cb---- 77 79TH WAY CERTIFICATE OF SURVEY FOR: Paulette & Kevin Holmen ANOKA COUNTY, WNNESOTA SECS,TSON, R24W I HEREBY CERTIFY THAT THIS SURVEY, PLAN, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF MINNESOTA. /> DATE J. UC. NO. 14889 -0 ° — CHAINLINK FENCE — STEEL FENCE Table of Elevations: — WOOD FENCE O — MONUMENT SET Existing House Floor Elevation — 823.2 0 - FOUND MONUMENT Existing Basement Floor Elevation — 814.4 100 Year Flood Elevation — 822.8 QQ — POWERPOLE — GUY WIRE ® — CATCH BASIN 0� — WATER SHUTOFF VALVE S — STORM MANHOLE CERTIFICATE OF SURVEY FOR: Paulette & Kevin Holmen ANOKA COUNTY, WNNESOTA SECS,TSON, R24W I HEREBY CERTIFY THAT THIS SURVEY, PLAN, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF MINNESOTA. /> DATE J. UC. NO. 14889 JOB NO. 03-6562 DATE 6/11/03 UL TE/G ENGINEERS, INC, 5201 EAST RIVER ROAD SU/TE 308 M/NNEAPOLiS, MAUVESOTA 55421 ucn PHONE 1763) 571-2500 FAX 17631 571-1168 www.ultoig.com PROPOSED GARAGE DIMENSIONS CITY OF FRIDLEY PUBLIC HEARING NOTICE BEFORE THE APPEALS COMMISSION TO: All property owners/residents within 350 feet of property generally located at 571-79" Way NE. CASE NUMBER: VAR #04-01 APPLICANT: Kevin & Paulette Holman Petitioner or representative must attend the Planning Commission meeting. PURPOSE: Petitioner is requesting a variance to increase the maximum size of a first accessory structure from 1,000 square feet to 1,168 square feet, and to allow an accessory structure to exceed 100% of the first floor area of a dwelling unit, to allow the construction of a 1,168 square foot detached garage, in the rear yard. LOCATION OF 571-79' Way NE. PROPERTY AND LEGAL Lots 7, 8, & 9, Block N, Riverview Heights, subject to DESCRIPTION: easement of record. DATE AND TIME OF Appeals Commission Meeting: HEARING: Wednesday, February 25, 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 N.E., Fridley, MN 55432 or FAX at 763-571-1287. SPECIAL Hearing impaired persons planning to attend who need an ACCOMODATIONS: Interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no later than February 19, 2004. The TDD # is 763-572-3534. ANY QUESTIONS: Contact Stacy Stromberg, Planner, at 763-572-3595. C GENERAL STRUCTURAL NOTES SCOPE OF WORK SCOPE INCLUDES THE DESIGN FOUNDATIONAND DETAILING OF A NA FLOOD SYSTEM FOR A PROPOSED GARAGE ADDITION LOCATED PLAIN. FOUNDATION SYSTEM IS TO BE FLOOD -PROOFED IN ACCORDANCE WITH THE CODE REQUIREMENTS FOR A TYPE FP3 SPACE. CONSTRUCTION IS TO BE PERFORMED IN ACCORDANCE WITH THESE DOCUMENTS AND STANDARD INDUSTRY PRACTICE. FLOOD -PROOFING PROVISIONS WILL BE PROVIDED IN ACCORDANCE WITH THE CODE: WATERPROOFING: TYPE C STRUCTURAL LOADS: CLASS 3 CLOSURE OF OPENINGS: TYPE 4 WALLS, CEILINGS, & CONTENTS: CLASS 4 GARAGE SPACE WILL BE CLASSIFIED AS W4 (FLOODED WITH FLOOD WATER) IN ACCORDANCE WITH SECTION 402.2, THE GARAGE SPACE AND HOUSE STRUCTURE ARE TO HAVE A BARRIER MEETING THE REQUIREMENTS OF THE HOUSE STRUCTURE. THE PLACARD, AS FURNISHED BY THE BUILDING OFFICIAL, IS TO BE INSTALLED BY THE OWNER IN A VISIBLE PLACE ABOVE THE RFD. DESIGN DATA STRESSES F'c = 2500 PSI — COMPRESSIVE STRENGTH AT 28 DAYS FOR CAST -IN- PLACE CONCRETE FOOTINGS F'c = 3000 PSI — COMPRESSIVE STRENGTH AT 28 DAYS FOR ALL OTHER CAST -IN-PLACE CONCRETE Fy = 60 KSI — REINFORCING STEEL — ASTM A615 — GRADE 60 I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF M I N N E S❑ A DATE 07/ 03 EG NO.. 41 1 S. NL SHEET S -I - S-7 COMMISSION NO U L T E I G HELMAN RESIDENCE 037,65132 ENGINEERS INC, ��►� CNG/NEERS 571 79TH WAY NE DRAM �` S - 1 J H 5201 East River Road Suite 30 F- R I D L E Y, MN CHECKED r Minneapolis, MN 55421 07/15/03 �F o r P A U L E T T E H O L M A N $H Phone 763-571-2500 Fax 763-571-1168 40' —0" FLOOR DRAIN DRAIN TO DAYLIGHT OR SUMP, TYP, S5 A/B TYP, ALL ©� WALLS _ GARAGE a 4' CONCRETE SLAB SLOPE GARAGE SLAB PER CODE TO DRAINS Z FLOOR DRAIN DRAIN TO DAYLIGHT OR SUMP, TYP, 24' -0" PLAN NOT TO SCALE 16' -0" 0 I i� MMISN HOLMAN RESIDENCE CO03SION-60. ULTEIG 571 79TH WAY NE DRAWN BY ENGINEERS INC, ucS - 4 F R I D L E Y, MN SH 5201 East River Road Suite 30 for P A U L E T T E H O L M A N CHECKED BY Minneapolis, MN 55421 h7i 07/15/03 J Phone 763-571-2500 Fax 763-571-1168 ar 1. MAXIMUM WALL LENGTH ALLOWED WITHOUT A CONTROL JOINT IS 50 FEET, 2. CARE IS TO BE TAKEN DURING BACKFILLING TO MAINTAIN A PLUMB WALL ALIGNMENT, BRACE AS REQUIRED, 3, DRAIN TILE, DAMPPROOFING AND/OR WATERPROOFING, AND INSULATION, AS WELL AS THEIR INSTALLATION, ARE TO BE IN ACCORDANCE WITH THE CODE, 4, MEAN ANNUAL FLOOD LEVEL IS AT ELEVATION 822,8 FEET. TOP OF CONCRETE FOUNDATION WALL MUST BE A MINIMUM OF 12" ABOVE THIS ELEVATION. 1/2"0 x 10" LONG ANCHOR BOLTS w/ (1) NUT & HEAVY DUTY WASHER (7" MIN. EMBED) OR SIMPSON MAB15 @ 72" O.C. OR APPROVED EQUAL GARAGE WALL SECTION CONCRETE OPTION HOLMAN RESIDENCE COMoM'ION Nak ULTEIG 571 79TH WAY NE DRAWN ENGINEERS INC. s - 5A E R I D L E Y, MN is 5201 East River Road Suite 30 For r P A U L E T T E H O L M A N CHECK Minneapolis, MN 55421 07/15/03 J H lPhone 763-571-2500 Fnx 681 1 -- WOOD FRAME WALL BY OTHERS 8" MIN. THICK C.I.P. CONCRETE WALL w/ 44 ELEV. = 823.8' VERTICAL BARS @ 48" O.C. CENTERED IN WALL #4 HORIZONTAL ° 4" PVC OPENING w/ SCREENS BARS @ 36" O.C. AT EACH END @ 36" O.C. DRIVE WAY 4" SLAB ON GRADE w/ a 4 @ 18" O.C. E.W. SLOPE GRADE AWAY FROM [SLOPE TO DRAINS FOUNDATION ELEV. = 821,0' (ELEVATION I=SII_ s VARIES, SEE ---SAND I-1I1=1I CUSHION GRADING PLAN) — " 2" CLR ° '14 x 2'-0" DOWELS @ 18" O.C. 8" THICK x 20" WIDE MIN, STRIP FOOTING e ° PROVIDE MINIMUM OF 42" FROST COVER TO FOOTING BOTTOM GARAGE WALL SECTION CONCRETE OPTION HOLMAN RESIDENCE COMoM'ION Nak ULTEIG 571 79TH WAY NE DRAWN ENGINEERS INC. s - 5A E R I D L E Y, MN is 5201 East River Road Suite 30 For r P A U L E T T E H O L M A N CHECK Minneapolis, MN 55421 07/15/03 J H lPhone 763-571-2500 Fnx 681 1 LNOTES 1, MAXIMUM WALL LENGTH ALLOWED WITH❑UT A CONTROL JOINT IS 50 FEET, 2. CARE IS TO BE TAKEN DURING BACKFILLING TO MAINTAIN A PLUMB WALL ALIGNMENT, BRACE AS REQUIRED, 3. DRAIN TILE, DAMPPR❑❑FING AND/OR WATERPROOFING, AND INSULATION, AS WELL AS THEIR INSTALLATION, ARE TO BE IN ACCORDANCE WITH THE CODE. 4, MEAN ANNUAL FLOOD LEVEL IS AT ELEVATION 822,8 FEET. TOP OF MASONRY FOUNDATION WALL MUST BE A MINIMUM OF 12" ABOVE THIS ELEVATION, ALL MASONRY FOUNDATION WALLS TO BE GROUTED SOLID, WOOD FRAME WALL BY OTHERS 8" THICK MASONRY WALL GROUTED SOLID ELEV. = 823,8' DRIVE WAY SLOPE GRAD AWAY FROM FOUNDATION (ELEVATION LIE,, I- VARIES, SEE GRADING PLAN) 12" THICK MASONRY WALL GROUTED SOLID I/2"0 x 16" LONG ANCHOR BOLTS w/ (1) NUT & HEAVY DUTY WASHER OR SIMPSON MAB15 @ 72" O.C. OR APPROVED EQUAL TREATED 2 x 4 MIN, SILL PLATE #4 VERTICAL BARS @ 48" O.C. CENTERED IN WALL ,,--4" PVC OPENING w/ SCREENS AT EACH END @ 36" O,C, SEAL AROUND PVC AS REQ'D SEE S4 FOR SLAB ELEV. = 821,0' CUSHION 184 x 2'-0" DOWELS @ 18" O.C. 8" DEEP x 20" WIDE PROVIDE MINIMUM OF a o ,� STRIP FOOTING w/ 42 FROST COVER (2) #5 CONTINUOUS TO FOOTING BOTTOM HORIZONTAL BARS GARAGE WALL SECTION MASONRY OPTION HOLMAN RESIDENCE I.UMM�_" NV 2 UL T EIG 571 79TH WAY NE DRAWN ENGINEERS INC, uLrElu S — 5B E R I D L E Y, MN S 5201 East River Road Suite 30 for P A U L E T T E H O L M A N CHECKED Minneapolis, MN 55421 07/15/03 J H Phone 763-571-2500 Fax 763-571-1168 NOTES 1, MAXIMUM WALL LENGTH ALLOWED WITHOUT A CONTROL JOINT IS 50 FEET, 2, CARE IS TO BE TAKEN DURING BACKFILLING TO MAINTAIN A PLUMB WALL ALIGNMENT. BRACE AS REQUIRED. 3. DRAIN TILE, DAMPPROOFING AND/OR WATERPROOFING, AND INSULATION, AS WELL AS THEIR INSTALLATION, ARE TO BE IN ACCORDANCE WITH THE CODE. GRADE ala 1 20" SLAB -ON -GRADE BACKFILL 12" BLOCK w/ #4 VERTICALS @ 48" O.C. CENTERED IN WALL #4 x 2'-0" DOWELS @ 16" O.C. DRAIN TILE TO DAYLIGHT 8" DEEP x 20" WIDE STRIP FOOTING w/ (2) #5 CONTINUOUS HORIZONTAL BARS. PROVIDE MINIMUM OF 42" FROST COVER TO BOTTOM OF FOOTING, RETAINING WALL SECTION MASONRY OPTION HOLMAN RESIDENCE c 03 0 6 ° 82 UL T EIG 571 79TH WAY NE DRAW BY ENGINEERS INC. u�rfc C.w..5 s - 6 F� R I D L E Y, MN A 5201 East River Road Suite 30 CHECKED BY Minneapolis, MN 55421h7i 07/15/03 for P A U L E T T E H O L M A N JSH Phone 763-571-2500 Fax 763-571-1168 MATERIALS CONCRETE; 3000 PSI @ 28 DAYS AGGREGATE; FTG - 11/2" MAX WALLS - 3/4" MAX REINFORCING: #4 BARS - ASTM A615 GRADE 40 #5 & GREATER BARS - ASTM A615 GR, 60 FOUNDATION WALL REINFORCING TO BE AS DETAILED ON S-2. EXTEND BARS 24" INTO HIGH WALL CONCRETE FOOTING COMPACTED FILL OR VIRGIN MATERIAL (1) #4 HORIZ, BAR < AT BOTTOM OF WALL (NOT NEEDED FOR MASONRY FOUNDATION WALL) --(1) #4 VERT, BAR (NOT NEEDED FOR MASONRY FOUNDATION WALL) 2S CONTINUOUS STEP FOOTING HOLMAN RESIDENCE C00310N 82 UL T EIG 571 79TH WAY NE DRAW" ENGINEERS INCS - 7 P R I D L E Y, MN 5201 East River Road Suite 30 for P A U L E T T E H O L M A N CHECKED Minneapolis, MN 55421 07/15/03 J H Phone 763-571-2500 Fax 763-571-1168 JOB NO. UL TE/G ENGINEERS, M. 03-6582 - CATCH BASIN 6201 EAST RIVER ROAD DATE St/1TE 308 ANAMEAPOLIS, Al1W IIESOTA 66421 6/11/03 PHONE 1763) 671-2600 FAX 17831 671-1188 *www telgcom PROPOSED "RAGE DUMSIONs 0 a� ryPO 79TH WAY s�T 0 CHAINUNK FENCE e STEEL FENCE Description of Pro ert . Table of Elevations: ° - WOOD FENCE P p -MONUMENT SET Lots7, 8, and 9, Block N. RIVER VIEW Existing House Floor Elevation - 823.2 0 - FOUND MONUMENT HEIGHTS, Anoka County, Minnesota. Existing Basement Floor Elevation - 814.4 +/- R 100 Year Flood Elevation - 822.8 0 - POWERPOLE Property Address: 571 79TH WAY NE FRIDLEY MN 55432 PID NO: 03-30-24-32-0057 CERTIFICATE OF SURVEY FOR: Paulette & Kevin Holman ANOKA COUNTY, NUNNESOTA SEC 3, TSO N,R24W 1 HEREBY CERTIFY THAT THIS SURVEY, PLAN, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF DATE LIC. NO. 14889 GUY WIRE ® - CATCH BASIN WATER SHUTOFF VALVE ST - STORM MANHOLE 1 HEREBY CERTIFY THAT THIS SURVEY, PLAN, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF DATE LIC. NO. 14889 0 JOB NO. 03-6582 DA TLS 6/11/03 UL TE/G ENGINEERS, INC. 5201 EAST MYER ROAD SU/TE 308 M/NNEAPOL/S, ABNNESOTA 55421 PHONE (763) 571-2500 JEJ FAX (763) 571-1168 www.ultolg.com PROPOSED GARAGE DIMENSIONS 40.00 �V 1 o I rb`L _--"- 2 - WED, S N89'4 14"W L - J 0 79TH WAY Description of Property: Lots7, 8, and 9, Block N, RIVER VIEW HEIGHTS, Anoka County, Minnesota. PrOlDerty Address: 571 79TH WAY NE FRIDLEY MN 55432 PID N0: 03-30-24-32-0057 _--82P.8-- 114_--- CERTIFICATE OF SURVEY FOR: Paulette & Kevin Holman I HEREBY CERTIFY THAT THIS SURVEY, PLAN, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF ANOKA COUNTY, WNNESOTA Walt&5Z JV UC. NO. 14889 SEC 3,T30N,R24W DATE CHAINLINK FENCE • - STEEL FENCE Table of Elevations: v ° - WOOD FENCE Q -e MONUMENT SET Existing House Floor Elevation — 823.2 ® Existing Basement Floor Elevation — 814.4 - FOUND MONUMENT 100 Year Flood Elevation — 822.8 QQ - POWERPOLE - GUY WIRE ® - CATCH BASIN 0� - WATER SHUTOFF VALVE ST - STORM MANHOLE CERTIFICATE OF SURVEY FOR: Paulette & Kevin Holman I HEREBY CERTIFY THAT THIS SURVEY, PLAN, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF ANOKA COUNTY, WNNESOTA Walt&5Z JV UC. NO. 14889 SEC 3,T30N,R24W DATE JOB NO. 03-6582 DATE 6/11/03 w`°c^ Scale: 1 Inch = 20 Feet 5 25.4 SETBACK s LINES + � I � � I � � I � � I � � I \ \ I UL TE/G ENGINEERS, INC. 5201 EAST R/VER ROAD SU/TE 308 MMNEAPOL/S, MMVESOTA 55421 �`r PHONE (763) 571-2500 A FAX (763) 571-1168 www.ultelg.com h PROPOSED GARAGE DIMENSIONS 16.00 24.00 + I i go w`°c^ Scale: 1 Inch = 20 Feet 5 25.4 SETBACK s LINES + � I � � I � � I � � I � � I \ \ I UL TE/G ENGINEERS, INC. 5201 EAST R/VER ROAD SU/TE 308 MMNEAPOL/S, MMVESOTA 55421 �`r PHONE (763) 571-2500 A FAX (763) 571-1168 www.ultelg.com h PROPOSED GARAGE DIMENSIONS 16.00 24.00 �� 818.0_\ it, \'_ ---- e Description of Propert4. Lots7, 8, and 9, Block N, RIVER VIEW HEIGHTS, Anoka County, Minnesota. Prouerty Address: 571 79TH WAY NE FRIDLEY MN 55432 PID NO: 03-30-24-32-0057 AAs�ti. N C VER PO CHS I N o + I N89'44'14°W 79TH WAY Table of Elevations: o Existing House Floor Elevation — 823.2 Existing Basement Floor Elevation — 814.4 +/® 100 Year Flood Elevation — 822.8 CERTIFICATE OF SURVEY FOR: Paulette & Kevin Holman ANOKA COUNTY, WNNESOTA SEC 3, T 30 N, R 24 W - CHAINLINK FENCE - STEEL FENCE - WOOD FENCE - MONUMENT SET IV S*T d ® - FOUND MONUMENT QQ. - POWERPOLE - GUY WIRE ® - CATCH BASIN 0� - WATER SHUTOFF VALVE ST - STORM MANHOLE I HEREBY CERTIFY THAT THIS SURVEY, PLAN, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF MIN ES TA Wo"r J. Gre /y UC. NO. 14889 DATE o� �/& Document Name: Taxsys MSTINT000139FEB12040402 M A S T E R I N Q U I R Y S C R E E N KEY:01417050 YEAR:2004 FEE OWNER:HOLMAN KEVIN & PAULETTE ACCT:R03 30 24 32 0188 TAXPAYER:COUNTRYWIDE TAX SERVICE LOC:20 571 NE 79TH WAY 1757 TAPO CANYON RD SV -24 #300 LEGAL:LOTS 7 THRU 9 INCL BLK N SIMI VALLEY CA 93063 RIVERVIEW HEIGHTS, SUBJ TO EASE OF REC ASSESSOR:HOLMAN KEVIN & PAULETTE CITY:FRIDLEY PC:00000000 571 79TH WAY NE CREATE:2000 FRIDLEY MN 55432 ACRES: PP REF: PARENT:00527521 VALUATIONS ******************** 2003 DATA ************************** LAND: 53400 * TAX DUE TAX OUTST P/I/C TOTAL DUE IMPR: 103800 * 2205.76+ EST MKT: 157200 *STC:lA SPEC: 902.35+ TAX MKT: 140100L * NOTES: ADJ-N NAL -Y DELQ-N TAX CAP: 1401 *ACT CD: DESC: ********************************************************* BUILDING INFO DITCH: BEN ACRES: BEN AMT: TYPE:RB LEVY:19011F AREA:FRO1 INCDST: AG P: WASTE:IR BLT:1963 EFF:1980 LAST SALE:1987/08/28 PCA:2112 EXEMPTIONS:HST CONST: ACTIVITY:2003/09/09 STC:1A RES -HOMESTEAD CHAIN:*NONE* FUNC: DATA: SUB: YR:2004 MESSAGE: Q a r Date: 2/12/04 Time: 11:45:51 AM