PCA 09-21-2022
PLANNING COMMISSION MEETING
September 21, 2022
7:00 PM
Fridley Civic Center, 7071 University Avenue N.E.
AGENDA
Call to Order
Roll Call
Approval of Meeting Minutes
1.Receive the Minutes from the Planning Commission Meeting of June 15, 2022
Public Hearing
2.Variance, VAR22-000001 by Justin Guenther, to allow the construction of a garage in the front
yard, generally located at 323 Logan Parkway NE.
Other Business
3.Disucssion Item: Locke Park Joint Powers Agreement Between the City of Fridley and Anoka
County
4.Approve 2023 Planning Commission Meeting Dates
Adjournment
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AGENDA REPORT
Meeting Date:September 21, 2022 Meeting Type:Planning Commission
Submitted By:Julie Beberg, Office Coordinator
Title
Receive the Minutes from the Planning Commission Meeting ofJune 15, 2022
Background
Attached are the meeting minutes from theJune 15, 2022,Planning Commission Meeting
Financial Impact
None
Recommendation
Staff recommend the City Council received theJune 15, 2022,Planning Commission Minutes
Attachments and Other Resources
Planning Commission Minutesof June 15, 2022
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
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PLANNING COMMISSION
June 15,2022
7:00 PM
Fridley Civic Campus, 7071 University Avenue N.E.
MINUTES
CALL TO ORDER
Chair Hansencalled the Planning Commission Meeting to order at 7:00 p.m.
PRESENT
Mike Heintz
Amy Dritz
Ryan Evanson
Mark Hansen
Terry McClellan
Stacy Stromberg, Planning Manager
APPROVAL OF MEETING MINUTES
1.Approve March 16,2022, Planning Commission Minutes
Motionby Commissioner Evansonto approve the minutes. Seconded by Commissioner Heintz.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIR HANSEN DECLARED THE MOTION CARRIED
UNANIMOUSLY.
PUBLIC HEARING
2.Consideration of a Public Hearing for a Plat (PS #22-02) by the City of Fridley
Motionby Commissioner Evansonto open the public hearing. Seconded by Commissioner Heintz.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIR HANSEN DECLARED THE MOTION CARRIED
UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED AT 7:01P.M.
Stacy Stromberg, Planning Manager, presented a plat request for the property at 690 Cheri Lane
submitted by the City of Fridley to create two outlots to retained by the City for park use and utility
purposes as well as dedication of right-of-way.
The Commission inquired about a shed that was previously on the property and was removed. It was
noted that there are no plans for the properties at this time other than identifying the purposes of park,
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Planning Commission 6/15/2022 Minutes Page 2
utility, and right-of-way. Staff noted that Target deeded the land to the City with a deed restriction which
prevents other private uses of the property.
A resident inquired about zoning of the property and provided input on the manmade path through the
property to Target.
Motion by Commissioner McClellan to close the public hearing. Seconded by Commissioner Evanson.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIR HANSEN DECLARED THE MOTION CARRIED
UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 7:22 P.M.
The Commission asked that any language changes needed be cleared up prior to the Council meeting.
Ms. Stromberg stated that the zoning will remain public, and staff will address any needed language
changes. She noted that the fence mentioned is owned by Target.
Motion by Commissioner Evanson approving the replat request. Seconded by Commissioner Heintz.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIR HANSEN DECLARED THE MOTION CARRIED
UNANIMOUSLY.
OTHER BUSINESS
Ms. Stromberg recognized Commissioner Heintz for his service on the Park Commission and Planning
Commission, noting that this is his last meeting. She also provided an update on recent Council action
on planning recommendations. She highlighted upcoming events and provided an update on
development interest and activity.
ADJOURNMENT
Motion by Commissioner Heintz to adjourn the meeting. Seconded by Commissioner McClellan.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIR HANSEN DECLARED THE MOTION CARRIED
UNANIMOUSLY AND THE MEETING ADJOURNED AT 7:35 P.M.
Respectfully submitted,
Amanda Staple, Recording Secretary
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LandUseApplicationSummary
Item:VAR#22-000001 Meeting Date:September 21, 2022
GENERAL INFORMATIONSPECIAL INFORMATION
Applicant:Transportation:
Justin GuentherProperty is accessed from Logan Parkway
323 Logan Pkwy N.E.
Physical Characteristics:
Fridley, MN 55432
Relatively flat lot that has a steep slope to the
Requested Action:
Mississippi river on the west side
Variance
Summary of Request:
Location:The petitioner and property owner, Justin
323 Logan Pkwy N.E.Guenther is requesting a variance to allow the
construction of a new accessory structure in the
Existing Zoning:
front yard of his property located at 323 Logan
R-1, Single Family
Parkway. The location of the new accessory
Size:
structure will also require a variance to reduce
26,437sq. ft. .6 acres
the front yard setback from 89.5 ft. to 36 ft.
Existing Land Use:
Staff Recommendation:
Single Family home
City staff recommends approval of the variance
Surrounding Land Use & Zoning:
request.
N:Single Family & R-1
E:Logan Park & P
S:Single Family & R-1
W:Mississippi River
Comprehensive Plan Conformance:
Designated as Single Family
Zoning Ordinance Conformance:
Section 205.04.05.B requires accessory
structures to be inthe side or rear yard.
Section 205.07.03.D.(1) requires a front yard
setback of 25 ft.*
*see below
Aerial of the Property
Building and Zoning History:
City Council Action/60 Day Action Date:
1950 – Lot is platted.
City Council – October 10, 2022
1956 – House constructed.
60 Day Date – October 17, 2022
1974 – Garage constructed.
Staff Report Prepared by Stacy Stromberg
Legal Description of Property:
See attached site plan
Public Utilities:
Home is connected
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Written Report –
The Request
The petitionerand property owner, Justin Guenther is requesting a variance to allow the construction
of a new 480 sq. ft. accessory structure in the front yard of his property located at 323 Logan Parkway.
The location of the new accessory structure will also require a variance to reduce the front yard setback
from 89.5 ft. to 36 ft.
Site Description and History
The subject property islocated on Logan Parkway, west of Logan Park. It is zoned R-1, Single Family
and is inthe Shoreland Overlay District, as it’s bordered by the Mississippi River on the west. The
existing home was constructed in 1956,
and an attached garage was constructed
in 1974. In 1997, the property owner at
thattime applied for a building permit to
convert the attached garage to living
space and toconstruct a new detached
garage. Upon review of the permit, staff
discovered that construction of thenew
garage would require a variancebecause
it was proposed to beplaced in the front
yard. The property owner decided to not
move forward with the project and the
paid building permit fee was refunded. Sometime between 1997 and when the petitioner purchased
the house in 2020, the attached garage was converted to living space, without the proper permits,
leaving the property without a garage.
Code Requirements and Analysis
The Shoreland Overlay requires that structures be setback 100 ft. from the ordinary high watermark
and 40 ft. from the bluff line. These setbacks aren’t identified on the survey submitted by the
petitioner, however, when measuringthe distance on the City’saerialmap, it doesn’t appear those
setbacks requirements are being met with the existing house. Those deficiencies are recognized as
pre-existing non-conforming and can continue as they are, but the house can’tbe expanded. The
Shoreland setback requirements are in place to protect the Shoreland and the integrity of the slope
to the Mississippi River, however they do limit the petitioner’s ability to place a new accessory
structure in the side or rear yard.
The R-1, Single Family code requires that all lots with a minimum lot area of 9,000 sq. ft. have a
double garageand that the minimum front yard setback requirement is 25 ft. The general language
in the beginning of the zoning code requires that all accessory structures be inthe side or rear yard.
*It also requires that if the front yard setback of the neighboring homes is greater than the
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minimum front yard setback requirement, then the setback for a new structure on an adjacent lot
can be 6 ft. more or less of the average depthof the adjacent structures. And in no case shall it be
less than the required 25 ft. front yard setback.
The petitioner is requesting that a
variance be granted to allow a
garage in the front yard. In
addition,because the adjacent
homes are set back further than the
required 25 ft. front yard setback,
the setback averaging section of
code applies. The home to the
north at 309 Logan Parkway is
setback approx.117 ft. from the
front yard property line and the
home to the south at 200 Logan
Parkwayis approx.74 ft. from the
front property line. The average of
the two setbacksis 95.5 ft., plus or
minus 6 ft. would requires a front
yard setback of 89.5 or 101.5 ft. for
the subject property. As a result,
the petitioner is requesting a variance also be granted to reduce the front yard setback from 89.5 to
36 ft. to allow the construction of a new accessory structure.
Of note, the existing house is approximately 70 ft. from the front property line, which doesn’t meet
the setback averaging requirement.
The petitioner is proposing to construct a 20 ft. by 24 ft. (480 sq. ft.) accessory structure that will be
angledon the north side of the site and7 ft. from the east side of the existing home and 10 ft. from
the north property line. The structure will be architecturally compatible with the existing home, and
used forvehicle parking and storage.
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Summary of Practical Difficulties provided by the Petitioner
“In looking deeper at our options, we explored building on the south-side in addition to our
submitted proposal. One the south-side of the house which wouldn’t require a variance but would
require moving multiple utilities including gas, and sewer in which city engineers wouldn’t be in
support of that option. Also, in that location it would cut off access to the back side of the house
entirely since the back of the house faces the river. There would be a significant amount of grading
and concrete required. That location would also displace a recently planted river birch and new
landscaping. The plan we are presenting would require the least amount of driveway/concrete and
in regard to setback averaging the structure would be behind some existing trees and lilac bushes
and wouldn’t impair our neighbors current view on both sides of our property.”
Practical Difficulties
Variances may be granted if practical difficulties exist on the property. Practical difficulties are met
based on the following findings of fact:
Is the variance in harmony with the purpose and intent of the ordinance?
The intent of
the front yard
setback is to
provide green
space between
the home and
the right-of-
way, to limit
the
obstructions
that impact
“line of sight”
for the
neighbor, and
to allow
enough space
for off-street
parking without encroaching on the public right-of-way.
The placement of the new accessory structure will impact the line of sight for the neighbor
to the north, however the existing tree-lined landscape between the petitioner’s property
and the neighbor already impacts the line of sight.
The placement of the proposed accessory structure is 36 ft. from the property line. There is
also a large boulevard of 25 ft., which will provide adequate space for off-street parking.
Is the variance consistent with the Comprehensive Plan?
The Comprehensive Plan guides this property as single-family residential. The use of the
property will remain as single-family residential; as a result, it is consistent and not contrary
with the Plan.
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Does the proposal put the property to use in a reasonable manner?
The limited buildable area on the property restricts the options of building an accessory
structure without the need for a
variance. Staff spent some time
exploring alternative locations on
the property, and the drawing to
the left shows another location for
the accessory structure
(highlighted in yellow) that
wouldn’t require a variance. The
sewer line wouldn’t be impacted
and could remain in place with the
driveway over it. The gas utility
line would likely need to be
moved to place the garage in this
location. The petitioner would
need to work with CenterPoint
Energy on this. When presented with this option, the petitioner considered it, but ultimately
decided to proceed with the variance request based on his reasoning above.
Are there unique circumstances to the property, not created by the landowner?
Unique circumstances that exist on the property, not created by the landowner are:
o The placement of the existing house on the lot and a large portion of the lot slopes
steeply down to the Mississippi River, which limits the overall buildable area.
o The previous owner illegally converted the garage to living space, which resulted in
the property being non-complaint in meeting the garage requirement.
o Utilities located between the street and house on the south side of the property
could potentially limit the location options for the accessory structure.
Will the variance, if granted, alter the essential character of the locality?
It is not unusual to see detached accessory structures in the front yard of properties along
the Mississippi River within the area or City. Many riverfront properties treat the river side of
their lots as their front yards and prefer to place their accessory uses on the street side.
Staff Recommendation
Staff recommends the Planning Commission hold a public hearing for Variance Request, VAR #22-
000001.
Even though an alternative does exist, staff recognizes that there are also unique conditions and
circumstances (topography of the lot, setback requirements to protect the Shoreland, previous owner
mistakes, utility placement) related to this lot, that make it difficult to construct an accessory structure.
Therefore, staff recommends the Planning Commission approve VAR #22-000001.
For variance on lots zoned R-1, Single Family, the Planning Commission has the authority to grant
final approval provided the following conditions are met:
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a. There is unanimous agreement of the Planning Commission
b. The staff concurs with the recommendation of the Planning Commission
c. The general public attending the meeting or responding to the notice of public hearing have
no objection.
d. The petitioner is in agreement with the recommendation.
If these conditions aren’t met, the variance will be heard by the City Council on October 10, 2022.
Stipulations
Staff recommends that if the variance is approved, the following stipulations be attached.
1. The petitioner shall obtain a building permit prior to construction of the new accessory
structure.
2. Prior to issuance of a building permit, the petitioner shall contact Coon Creek Watershed
District to determine if a permit is required for the new accessory structure.
3. The new accessory structure shall not be used for living area or a home occupation.
4. All vehicles on the property shall be stored on a hard surface as approved by the City.
5. The accessory structure shall be architecturally compatible with the existing home and finished
with complementary siding and color scheme.
6. The new accessory structure shall have a minimum of one address sign that is a minimum size
as prescribed in the Building code. The sign shall be illuminated or reflective and visible from
the public right-of-way.
7. Per Section 205 of the Fridley City Code, this Variance will become null and void one year
after the City Council approval date if work has not commenced or if the Petitioner has not
petitioned the City Council for an extension.
Attachments
1. Petitioner’s narrative and drawings
2. Public Hearing notice and mailing labels to properties within 350 ft.
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www.state-engineering.com
SITE LOCATIONFRIDLEY MN 55432
323 LOGAN PARKWAY N.E.
n
FRIDLEY MN 55432
S PREPARED FORJUSTIN GUENTHER323 LOGAN PARKWAY N.E.
a
Î
UG 15 2022
A
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Fridley Civic Campus
7071University Ave N.E. Fridley, MN 55432
763-571-3450 |FAX: 763-571-1287 |FridleyMN.gov
PUBLIC HEARING NOTICE
To:Property Owners and Residents within 350 feet of 323 Logan Parkway NE
Applicant:Justin Guenther
Request:AVariance (Variance 22-01)by Justin Guenther, to requesta variance to
allow the construction of a garage in the front yard, generally located at
323 Logan Parkway NE, the legal description is on file an available at
Fridley Civic Campus.
Date of Hearings:Planning Commission Meeting, Wednesday, September 21, 2022,at 7:00
p.m.
The Planning Commission meeting is televised live the night of the
meeting on Channel 17.
Location of Planning Commission Hearing: Meeting will be held in person
at Fridley Civic Campus located at 7071 university Avenue NE.
If thisVariance needs to go to City Council,the date of the City Council
Meetingwould be October 10, 2022, at 7:00 p.m.
How to Participate:1. You may attend the public hearing in person and testify.
2. You may submit a letter in advance of the meeting to Stacy Stromberg,
Planning Manager at the address above or by email at
stacy.stromberg@fridleymn.gov
Questions:Call or Email Stacy Stromberg, Planning Manager at 763-572-3595 or
stacy.stromberg@fridleymn.gov
Mailing date:September 9, 2022
*If you require auxiliary aids or services to participate to communicate in the meeting, please contact
Roberta Collins at 763-572-3500 or roberta.collins@fridleymn.govno later than September 14, 2022, for the
Planning Commission meeting, and October 3, 2022, for the city Council meeting. The TDD # is: 763-572-
3534.
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Community Development Department
Public Hearing Notice
75047449
6121
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51
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200
7162
7181
7158
7165
7157
7154
7153
7155
7144
106
7145
7135
7106
SOURCES
Fridley Engineering
Fridley GIS Variance Request, VAR22-00001
Anoka County GIS
Petitioner: Justin Guenther
Address: 323 Logan Parkway N.E.
Map Date:S eptember 1, 2022
-
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AGENDA REPORT
Meeting Date:September 21, 2022 Meeting Type:Planning Commission
Submitted By:Scott Hickok, Community Development Director
Title
DisucssionItem: Locke Park Joint Powers Agreement Between the City of Fridley and Anoka County
Background
In July 1980,the City of Fridley and Anoka County entered into a Joint Powers Agreement (JPA), allowing
Anoka County to program within and maintain Locke Park, Plaza Park, and Locke Lake Park. In the JPA
duties where split between the City and the County and spelled out in the document. The original JPA
has been attached for your convenience. The Regional Trail itself is separate item and there is a
distinctionbetween the trail and what we will talk about in this discussion about the Locke Park, Locke
Lake Park, and Plaza Park and the JPA.allowing the City to
terminate the JPA as allowed by the original agreement.
Inthe agreement the County was to provide routine maintenance on a scheduled basis of the grounds,
agreement also required County maintenance of trails and parking lots. Maintenance was to include
cutting grass, controlling noxious weeds, and grasses, litter removal, snow removal, wash-out repairs,
Other duties included diseased tree treatment or removal, payment of utility costs, provide identification
signs, and to provide landscaping improvements independently or in conjunction with the City.
Park programming and special activities would be provided by the County after review and approval by
the City Council.
The parks described and included in the JPA are beautiful assets to the City and the County. The JPA
over time,however, has lost much of its originally intended impact. Maintenanceandpark programming
of events has become nearly non-existent and the City has begun discussion with the County on
exercising an out clause that would leave the programming and maintenance to the City. It is not the
besides a park. It would
however better define roles and give maintenance and program responsibilities back to the City.
The JPAcreated
purpose with this discussion at this time is to keep both Commissions up to date on current discussions
Vision Statement
We believe Fridley will be a safe, vibrant, friendly,and stable home for families and businesses.
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with the County and if the JPA arrangement is to end, to keep both Commissions involved as
appropriate.
Financial Impact
To be determined as City Parks and Operations staff decide next steps
Recommendation
Staff recommends the Commission hear this item only as an information item. A request for formal
recommendation by the Commission will be forthcoming.
Attachments and Other Resources
!1980 Joint Powers Agreement
!1980 Master Plan
Vision Statement
We believe Fridley will be a safe, vibrant, friendly, and stable home for families and businesses.
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AGENDA REPORT
Meeting Date:September21, 2023 Meeting Type:Planning Commission
Submitted By:Julie Beberg, Office Coordinator
Title
Approve 2023 Planning Commission Meeting Dates
Background
Approve 2023 Planning Commission Meeting Dates
Financial Impact
Recommendation
Approve 2023 Planning Commission Meeting Dates
Attachments and Other Resources
2023 Planning Commission Meeting Dates
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
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COMMUNITY DEVELOPMENT
DEPARTMENT
PLANNING DIVISION
Memorandum
DATE:September 21, 2022
TO: Planning Commission Members
FROM:Julianne Beberg, Planning Assistant
SUBJECT:Proposed 2023Planning Commission Meeting Dates
The following dates are for your review and approval of the proposed
2023Planning Commission meeting dates:
Jan.Feb.Mar. April MayJuneJulyAug. Sept.Oct.Nov.Dec.
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