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VAR-02-11' . . � 6 6�j�,��oo �... ` ,�ac2`°v-�- CITY OF FRIDLEY 6431 UNtVERSITY AVENUE FRIDLEY, MN 55432 (763) 572-3592 COMMUN[tTY DEVE�OPMENT DEPARTMENT VARIANCE APPLICATION FOR: Residential Commerciai/industrial Signs PROPERTY INFORMATION: (site plan required for submittai, see attached) Address: 4�I5'Z. A1 1� S-�• AS� Ft'�dl�cw � �'�I rv SS�J3 Z �'roperty identification Number: Legal Description: Lot� Block 3 Tract/Addition G r �� '�i E xcep'r N 3 0�'f'• Current Zoning: K �- Reason for Variance: ' L; �..r Q�1 1��,� _ Square Footage/acreage: �� c 4, ai �%.�, h c.d� �t a� r o. ' Q�c � 5 f��n� S� rv-c.� � rc- • — `" Have you operated a business in a city which required a business license? Yes No � If Yes, wh'ch City? N�A I� If Yes, what type of business? N A ! Was that license ever denied or revoked? Yes I�V /p. No N � ��a�� ' FEE OWNER INFORMATION (as it appears on the property title) (Contract purchasers: Fee owners must sign this form prior to processing.) NAME: I o�� - N i�tr�2c� ADDRESS: K /�ble- �T• I'� F �� c� l<- w! rt� Ss DAYTIME PHONE:.Lf�i'Li Za? �_5?R5/ SIGNATURE/DATE: � IVA/AVIV�VN�VAViV /VIVIV�V�Vti�V�V�V AI/iViV /r/Y/V�V�V /V�VAb/VA//�/�VIV /V�V�ViVIV1ViV M�Y//V/YIV/V/VA/M�VA/iVIVIV/�/�V,V,VIVAI/IVti1NAV/�/IVAVAV�iVNIVA/1V�V/b/r NAME: Todc ADDRESS:� DAYTIME PHONE: . Nti� c S�}.1 O'? -574 , ►MN SS`1' IGNATURE/DATE: /V M/VNNN/V iV�V�V�V �V �V iV �V /Y�I/A/�V IV/1/MIV IVA/I VAb�ViVA//Y/V 1VIV MA/�Y1V/YN/V�VIV A/M�1/AI�VIVNNNIYIVIYMM�YA1/I�AI/VN/HIVNMM/HMA/M�Y1VA1/IVM Section of City Code: FEES Fee: $100.00 for commercial, industrial, or signs:_ Fee: $60.00 for residential,,�roperties: Receipt #: �.-�i 30 _ Received By: Application Number: �%%�I ,. �— l � Scheduled Appeals Commission Date: °L dt- Scheduled City Council Date: 6Z 10 Day Application C mplete Notification Date: 6 Z 60 Day Date: 7� 8 � 6%. 5/5/02 TO: City of Fridley Appeals Commission RE: Variance Application Hardship Letter Todd Nimmo 6452 Able St. NE Fridley, MN 55432 I am requesting this slight variance so that I am able to build an addition to the relatively small house that currently exists on my property at 6452 Able St. The current structure was built sometime before 1949, but only exists on record from this date. I believe it to be one of the oldest houses on the block. Due to it's age it is in desperate need for a good remodeling job. Also because of it's age the house was built prior to the creation of setback ordinances within the city of Fridley. As it is the house sits 19 ft. back from the property line towards the street, which is six feet short of the required 25 ft. It would also be important to note that the detached garage that currently exists is completely nonconforming with the setback requirements and sits on the edge of my property next to the street. It is my wish to rid the street of this vary unattractive garage, and build a new attached garage flush with the rest of the house and parallel to the street. At the same time I wish to add a couple of bedrooms and a new bathroom behind the garage and connecting with the remainder of my house. I have the only garage on the street that does not confozm with setback requirements and I am confident that the neighborhood would be very pleased to see me remove it. I would also like to point out that the current house and planned addition will stay within the required setback limits on both the sides of the property. I believe my proposed addition is well within the spirit and intent of Fridley's ordinance codes and can only help to more beautify my street and our neighborhood. I have ordered and obtained a survey of the property in the hopes to more easily show the Appeals Commission what I hope to build. Lastly I would like to point out that I am a loyal Fridley resident of 6 years and I even though I have only recently purchased this property at 6452 Able St. (my first house) I would love the opportunity to remodel it and make it modern enough to start and raise my family there. Thank you very much for your consideration! Sincerely, �� ' Todd R. Nimmo �� \ � •' � �' � • ` — . ►� � � -�-. ..T . . ,� 1 . 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O : : : : : : : : : : _ Zt, �t:::: : :: :: : : �'� � : : �: : � : . : : : � � .r. ..-,:.n... : :,� : . .•...i: : : ,^:~ : : � : : : : : : : :�'� . . : : : : : : : : : : : : : : : : : : : : : : : : : : : ` � : � 3 � ` � : : g' �:�`. ��..: Fv,-K��f��,� � � : : : � r�de : : : : : : : : : : : : : : : : : : . � . m,� : ~: : :��:�� : : : : � : : : : : : : : : : : : �i1 :.:�� :::::::: :::::::::::::::: ::: . r. ... ..: .......... . ... ......... � .�::. ....:: .. ................ :: �i..:;::::::::: :::::::::: ... .:t:... .. .... . �::::: �:��.::: ::::---- ::::::::::::::.::::::::::::::::::::::::::::::::::::::::::: g:3:: :::::::::::: :::: : ��.^ .. .. ..................... �jJ�/`CT/�� `U`� ` �� C�� f .�Cr �� `�� f� v ,�� v �� ;�CQ � �� c C� ✓\ ► �� Develoqment Review Committee Worksheet � Address: ��i�'�• Land Use Case # ��'� � o Paul Bolin ❑ Dave Jensen o Grant Fernelius v]ulie Jones ❑ Steph Hanson v Ron Julkowski ❑ Jon Haukaas o Ralph Messer o Scott Hickok Planning Issues: ❑ Setbacks ❑ Lot coverage ❑ Allowable square footage o Height o Landscape o Hardship statementJnarrative 0 Building Issues: a UBC v Stipulations: ❑ Layne Otteson v Police Rep. o Mary Smith � Stacy Strvmberg Engineerina Issues: o Drainage a Utilities o Curbing requirements ❑ Fire Issues: o Truck access a Sprinkler requirements o Hydrant location o __ Name: '� I'0 ►v1 ��' Date: .�J 0� ..r.�._ Development Review Committee Worksheet Address: �'��-- , B�'" Land Use Case #_ o Paul Bolin o Grant Fernelius o Steph Hanson o Jon Haukaas o Scott Hickok o Dave Jensen o )ulie Jones � Ron ]uikowski ❑ Raiph Messer Plannin4 Issues: o Setbacks ❑ Lot coverage ❑ Allowabie square footage ❑ Height o Landscape o Hardship statement/narrative 0 Building Issues: ❑ UBC o �`Xi'S T'/•�.� y�,�/�T/Qc/ ? . ,,, �._ yr,r,s✓pt� •u �7�: Stipulations: Comments: Name: . v Layne Otteson v Police Rep. o Mary Smith o Stacy Stromberg Engineering Issues: o Drainage o Utilities ❑ Curbing requirements ❑ Fire Issues: o Truck access ❑ Sprinkler requirements ❑ Hydrant location ❑ Date:�� '' Development Review Committee Worksheet Address: l�f�z- �� /'�l1� Land Use Case #. o Paul Bolin o Dave Jensen o Layne Otteson v Grant Fernelius ❑ Julie Jones o Police Rep. ❑ Steph Hanson ❑ Ron Julkowski o Mary Smith v Jon Haukaas � Ralph Messer ❑ Stacy Stromberg o Scott Hickok Pianning Issues: o Setbacks � � o Lot coverage o Allowable square footage o Height o Landscape o Hardship statement/narrative ❑ Building Issues: ❑ UBC v Stipulations: � Comments: Name: Engineerina Issues: o Drainage o Utilities o Curbing requirements ❑ Fire Issues: ❑ Truck access o Sprinkler requirements o Hydrant location �pJ NO"�''E Date: °/� � o Z ,,:�;�.:. Development Review Committee Worksheet address: �� 5 a- I� b, -� �'Y ��'t'' Land use Case # o Paul Bolin v Dave Jensen ❑ Layne Qtteson o Grant Fernelius ❑ Julie Jones o Police Rep. �Steph Hanson o Ron ]uikowski o Mary Smith ❑ Jon Haukaas o Ralph Messer o Stacy Stromberg ❑ Scott Hickok � Plannina Issues: o Setbacks o Lot coverage o Ailowable square footage o H�ight o Landscape o Hardship statement/narrative ❑ Building Issues: o UBC 0 Stipulations: Comments: � Name: ^ E�,Qineeri_ng Issues: v Drainage ❑ Utilities ❑ Curbing requirements , ❑ Pire Issues: o Truck access ❑ Sprinkler requirements o Hydrant location 0 ' Date: , . ti_.,� Development Review Committee Wvricsheet Address• � Land Use Case # o Paul Bolin ,� Dave Jensen o Layne Otteson o Grant Fernelius ❑]ulie Jones o Police Rep. v Steph Hanson ❑ Ron Julkowski o Mary Smith ❑ lon Haukaas v Ralph Messer ❑ Stacy Stromberg v Scott Hickok Planning Issues: ❑ Setbacks o Lot coverage o Ailowable square footage v Height o Landscape o Hardship statement/narrative ❑ Engineering Issues: o Drainage a Utilities � o Curbing requirements 0 Fire Issues: o Truck access o Sprinkler requirements B ild' I sues: o Hydrant location BC `r ° o / t .Q' /��s� Stipulations: Comments: Name: � Date: �_ � � Development Review Committee Worksheet Address: � 4 S 7 ��D� s"�'r,e-e� Land Use Case # V�-rn-�c� � Paul6olin o Grant Fernelius o Steph Hanson o Jon Haukaas ❑ Scott Hickok ❑ Dave Jensen ❑ Julie lones ❑ Ron Juikowski o Raiph Messer Plannin4 Issues: � v Setbacks ,�.; ��,� S o Lot coverage �-�� o Allowabie square footage ❑ Height ❑ Landscape o Hardship statement/n�rrative 0 Building Issues: ❑ UBC ❑ '� �S>�JVIA� m /' S�a� Or C�� _� '' 1-�ou.s� P�-�S ✓ ��'� � �.�, � gi��s � v l.ayne Otteson o Police Rep. ❑ Mary Smith o Stacy Stromberg Engineerin4 Issues: v Drainage o Utilities ❑ Curbing requirements ❑ Fire Issues: o Truck access o Sprinkler requirements ❑ Hydrant location o_ Stipulations: �� ✓,4�t"r o w�S o F t�� /L�',n/6 a �I— '131D P P� ,Xt.�S �S9 • ��--� � ! t� ao G-• ,y, S D ✓' � .,: Comments: Name: Date: S� O_Z--� Development Review Committee Worksheet Address: �S`�2 �� v Paul Bolin o Dave Jensen ❑ Grant Fernelius ❑ Julie ]ones o Steph Hanson ❑ Ron Julkowski � Jon Haukaas o Ralph Messer o Scott Hickok Plannina Issues: o Setbacks a Lot coverage o Aliowable square footage ❑ Height o Landscape ❑ Hardship statement/narrative v Building Issues: o UBC 0 Stipulations: Comments: Land Use Case # o Layne Otteson ❑ Police Rep. o Mary Smith • o Stacy Stromberg En4ineerina Issues: o Drainage ❑ Utilities o Curbin��g r�equi� ment,s � /�`.� l�.c e .¢,ce'� �,,.,� c.crr � c J'f" �.., ,-'�, j� r�?.+u C w� w �a+. u� ► �+� w�a+� Fire Issues: o Truck access o Sprinkler requirements ❑ Hydrant location ❑ ___.___�,. Name• Date: m i � Development Review Committee Worksheet Address: �� - �� o Paul Bolin o Grant Fernelius o Steph Hanson o Jon Haukaas � Scott Hickok ❑ Dave Jensen ❑ 7ulie )ones o Ron Julkowski ❑ Ralph Messer Ptanning Issues: v Setbacks v Lot coverage o Allowable square footage o Height o Landscape o Hardship statement/narrative ,�C rt � � 4 ��--��l�'1/A�7o.�.6 BuildinqIssues: v UBC ❑ Stipulations: Land Use Case # ❑ Ltiyne Otteson o Police Rep. o Mary Smith o Stacy Stromberg Engineering Issues: a Drainage o Utilities ❑ Curbing requirements ❑ Fire Issues: a Truck access o Sprinkler requirements o Hydrant location ❑ Comments: � Name: ' Date: � � �� ,ANDERSON BRIAN J& CAROLINE A BAGLIO MfCHAEL J& MARY JO 6442 VAIV SUREN ST NE 6411 ABLE ST NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 BELISLE ROGER J& LORI A 6451 VAN BUREN ST NE FRIDLEY,MN 55432 BURMAN RENEE C 6445 ABLE ST NE FRIDLEY,MN 55432 CHRISTENSEN JOY ANN 870 MISSISSIPPI ST NE FRIDLEY,MN 55432 CURRENT RESIDENT 6400 ABLE ST NE FRIDLEY,MN 55432 FULTON MARTY L 851 MISSISSIPPI ST NE FRIDLEY,MN 55432 GREINER LORI A& GARY K 6440 BAKER AVE NE FRIDLEY,MN 55432 HELMIN VALENTINA 936 MISSISSIPPI ST NE FRIDLEY,MN 55432 KNOWLES DEAN A& MARGARET A 6464 ABLE ST NE FRIDLEY,MN 55432 BOGGS STEPHEN H& C M 6426 BAKER AVE NE FRIDLEY,MN 55432 BYRN7ESONJAYNE M 890 MISSISSIPPI ST NE FRIDLEY,MN 55432 CLAUSEN LAURICE A 6405 VAN BUREN ST NE FRIDLEY,MN 55432 BECKER KARL A 900 MISSISSiPPI ST NE FRIDLEY,MN 55432 BOYCE MAE A 6452 ABLE ST NE FRIDLEY,MN 55432 CARLSON RICHARD L& LEORA J 6400 VAN BUREN ST NE FRIDLEY,MN 55432 COPPESS DONALD L& PHYLLIS I 6415 JACKSON ST NE FRIDLEY,MN 55432 DEAREY SHAWN L& LORANG LYNN M EGAN GLORIA J 881 MISSISSIPPI ST NE 6425 ABLE ST NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 GIBNEY ALLAN JAMES 6424 BAKER AVE NE FRIDLEY,MN 55432 GUNDERSON MERLIN A& F L 6433 ABLE ST NE FRIDLEY,MN 55432 HUNDT GREGORY L 6475 ABLE ST NE FRIDLEY,MN 55432 LOOMIS MERLE B& EVELYN O 6425 VAN BUREN ST NE FRIDLEY,MN 55432 GILLETTE ROY J& KIMBERLY A 871 MISSISSIPPI ST NE FRIDLEY,MN 55432 HARGREAVES PATRICIA J 6435 JACKSON ST NE FRIDLEY,MN 55432 KELLEY DARLINE A M 840 MISSISSIPPI ST NE FRIDLEY,MN 55432 MCGUIRE LAURA L 6414 VAN BUREN ST NE FRIDLEY,MN 55432 NEGRI JAMES ALFIN NOLBY CLAYTON E& DORIS H PICOTT MICHAEL J& LYNN M 6415 VAN BUREN ST NE 6446 BAKER AVE NE 6431 JACKSON ST NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 �OYNTER COLIN & DEBORAH J SANDOZ HARRY C& KATHRINE SARVELA KAREN A 6465 ABLE ST NE 6377 VAN BUREN ST NE 6458 ABLE ST NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 SINGH HARJEET & KAUR RAJINDER 6420 BAKER AVE NE FRIDLEY,MN 55432 THOMAS J E& KOLODJSKI M E 832 96TH LN NE v,9.�',t,c� BLAINE,MN 55434 � �„✓' �" ' WEISS LORRAYNE W 6411 JACKSON ST NE FRIDLEY,MN 55432 WILLSON NORMA D 6444 BAKER AVE NE FRIDLEY,MN 55432 SORENSON EARL D& JUDITH M 6370 ABLE ST NE FRIDLEY,MN 55432 WALTERBACH KATHLEEN E 932 MISSISSIPPI ST NE FRIDLEY,MN 55432 WELCH EDNA 6471 VAN BUREN ST NE FRIDLEY,MN 55432 WISNIEWSKI PATRICK H& J S 6452 VAN BUREN ST NE FRIDLEY,MN 55432 SWARTZ HOLLY E 6421 ABLE ST NE FRIDLEY,MN 55432 WEGLEITNER NORBERT M& V M 6410 ABLE ST NE FRIDLEY,MN 55432 WERNER TIMOTHY & CATHERINE 6424 ABLE ST NE FRIDLEY,MN 55432 _ _ CITYOF FR[DLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 •(763) 571-3450 • FAX (�63) 571-1287 May 20, 2002 Todd Nimmo 6452 Able Street NE Fridley MN 55432 Dear Mr. Nimmo: Per Minnesota Statute 15.99, Iocal 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 May 10, 2002. 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 June 12, 2002 at 7:30 P.M. in the City Council Chambers at 6431 University Avenue. If your variance application needs to be reviewed by the City Council, the meeting will be held on June 24, 2002 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. Slncerely, , ` 1 � U, �f� �� i �l'��G ty` � �J � Stacy �.�romberg � Planner C-02-66 � CITY OF FRIDLEY PUBLIC HEARING NOTICE BEFORE THE APPEALS COMMISSION TO: Residents within 350 feet of 6452 Able Street NE CASE NUMBER: VAR #02-11 APPLICANT: Todd R. Nimmo 6452 Able Street NE Fridley, MN 55432 Petitioner or re resentative must be at meetin . PURPOSE: To reduce the front yard setback from 25 feet to 18.8 feet to recognize and expand an existing non-conformity on Lots 7-9, Block 3, except the North 30 fee , Florence Park Addition, generally located at 6452 Able S�reet NE � �� (The petitioner is requesting this variance to remove the existing single stall garage and add an attached garage and living area to the existing home.) LOCAT/ON OF PROPERTY: 6452 Able Street NE LEGAL Lots 7-9, Block 3, except the North 30 feet, Florence Park DESCR/PT/ON: Addition DATE AND T/ME Appeals Commission Meeting, Wednesday, June 12, OF HEAR/NG: 2002, 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 HEAR/NG: 6431 Universit Avenue HOW TO 1. You may attend hearings and testify. PARTIC/PATE: 2. You may send a letter before the hearing to Paul Bolin, Planning Coordinator, or Stacy Stromberg, Planner, at 6431 University Avenue N.E., Fridley, MN 55432 or fax at 763-571-1287. SPEC►AL Hearing impaired persons planning to attend who need an ACCOMMODAT/ON; interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no later than June 5, 2002. (TDD 763-572-3534) ANY QUEST/ONS: Contact Paul Bolin, Planning Coordinator, at 763-572-3599, or Stacy Stromberg, Planner, at 763-572-3595. Mailing Date: May 31, 200Z City of Fridley Land Use Application VAR #02-11 June 12, 2002 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Todd Nimmo 6452 Able Street NE Fridley MN 55432 Requested Action: Variance reducing the required front yard setback, in order to recognize and expand an existing non-conformity. Existing Zoning: R-1 (Single Family Residential) Location: Size: 6452 Able Street 11,430 sq. ft. .26 acres Existing Land Use: Single Family Home. Surrounding Land Use & Zoning: N: Single Family & R-1 E: Single Family & R-1 S: Single Family & R-1 W: Single Family & R-1 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Section 205.07.3.D (1) requires a front yard setback of twenty-five (25) feet for all structures. Zoning History: 1887 — Lot is platted. Home built pre-1949. 1954 — Addition to home. Legal Description of Property: Lot 7-9, Block 3, Florence Park Addition Public Utilities: Home is connected. Transportation: Able Street provides access to the residence. Physical Characteristics: Typical suburban lot and landscaping. SUMMARY OF PROJECT The petitioner, Mr. Nimmo is seeking to reduce the required front yard setback from 29 feet to 18.8 feet in order to recognize and expand an existing non-conformity at 6452 Able Street. SUMMARY OF HARDSHIP "The current structure was built sometime before 1949, but only exists on record from this date. Due to its age it is in desperate need for a good remodeling job. Also because of its age the house was built prior to the creation of setback ordinances within the City of Fridley. As it is the house sits 19 feet back from the properry line towards the street, which is six feet short of the required 25 feet. It would also be important to note that the detached garage that currently exists is completely nonconforming with the setback requirements and sits on the edge of my property next to the street. It is my wish to rid the street of this very unattractive garage and build a new attached garage flush with the rest of the house and parallel to the street. " - Todd Nimmo SLJMMARY OF ANALYSIS City Staff has no recommendation as this request is within previously granted dimensions. Similar variance granted: • VAR #97-06 198 Mercury Drive Variance to reduce the front yard setback from 35 ft. to 15 ft. to allow the construction of a garage addition. CITY COUNCIL ACTION/ 60 DAY DATE City Council — June 24, 2002 60 Day — July 8, 2002 (Existing Home & Detached Garage) Staff Report Prepared by: Stacy Stromberg '_ ► City of Variance Re uest a Fridley #02-11 LEGEND Todd Nimmo 6452 Able Street —, � � --, N So�«S: A Fridley Engineering Fridley GIS Anoka County GIS Map Date: 5/28/02 VAR #02-11 REQUEST Petitioner, Todd Nimmo is seeking a variance to reduce the required front yard setback from 29 feet to 18.8 feet in order to recognize and expand an existing non-conformity at his residence at 6452 Able Street. The recognition of this non-conformity is required prior to issuance of any building permits for the expansion of this non-conformity. This request is the first front yard setback reduction variance received since the text amendment in 2000 was granted to reduce the front yard setback from 35 feet to 25 feet. The petitioners request is to reduce the front yard setback by 10.2 feet. Variance requests granted in the past have allowed for a reduction to as much at 20 feet. ANALYSIS The property is zoned R-1 Single Family as are all surrounding properties. The property is located on Able Street, south of Mississippi Street. The existing home and single stall garage were built prior to 1949, with an addition to the home being added in 1954. The existing single stall garage was built 3.4 feet over the property line, as a result expanding the garage wouldn't be an option for the petitioner. The petitioner plans to have this structure demolished and construct an addition onto the existing home. Existing Home and Detached Garage City staff has received no comments from neighboring property owners. CODE REQUIREMENTS City Code requires a minimum front yard setback of twenty-five (25) feet, however because both the neighboring properties are setback at thirty-five (35) feet, the front yard setback averaging requirement needs to be considered. City Code requires that if the front yard setback of neighboring homes is greater than the minimum front yard setback, then the setback for the new structure can be six (6) feet more or less of the average front yard setback depth of the adjacent structures. In no case shall it be less than the required front yard setback. Based on the above code requirements, a front yard setback of 29 feet is determined. As stated above, both the homes adjacent to the subject property have a front yard setback of 35 feet. When you add/minus 6 feet, the front yard setback options are 29 feet or 41 feet. The petitioner is seeking a variance to reduce the front yard setback from 29 feet to 18.8 feet to recognize and expand an existing non-conformity. The existing home is set back at 18.8 feet from the front yard property line. The petitioner plans to expand this setback by constructing an attached finro-stall garage that would be flush with the existing home. The petitioner also plans to construct a living addition off the proposed garage and existing home to increase the square footage of the home. The proposed additions will meet all other setback and lot coverage requirements. Granting this variance should not set a precedent for undeveloped lots in the future as it's simply recognizing an existing non-conformity. While it's a{so expanding a non- conformity it would allow the petitioner to demolish the non-conforming detached garage in the front yard and is also allowing the petitioner to re-invest in his home. SUMMARY OF HARDSHIP "The current sfrucfure was built sometime before 1949, buf only exists on record from this date. Due to its age it is in desperate need for a good remodeling job. Also because of its age the house was built prior to fhe creafion of sefback ordinances within the City of Fridley. As it is the house sits 19 feet back from the property line towards the street, which is six feet short of the required 25 feet. It would also be important to note that the detached garage that currently exists is completely nonconforming with the setback requirements and sits on the edge of my property next to the street. It is my wish to rid the streef of this very unattractive garage and build a new attached garage flush with the rest of the house and parallel to the street." - also see attached hardship statement. - Todd Nimmo RECOMMENDATIONS City Staff has no recommendation as this request is within previously granted dimensions. Similar variance granted: • VAR #97-06 198 Mercury Drive Variance granted to reduce the front yard setback from 35 feet to 15 feet to allow the construction of a garage addition. STIPULATIONS Staff recommends that if the variance is granted, the following stipulations be attached. 1. Petitioner shall obtain all necessary building permits prior to construction of any additions. 2. Additions shall meet all zoning code requirements, including but not limited to setbacks, height and lot coverage. 3. Additions shall be architecturally compatible with existing home. 4. Petitioner shall meet all code requirements for driveways and curb cuts. _ _ CI"IYOF FR[DL�.Y FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 •(763) 571-3450 • FAX (763) 571-1287 APPEALS COMMISSION ACTION TAKEN NOTICE June 17, 20Q2 Todd R. Nimmo 6452 Able Street NE Fridley, MN 55432 Dear Mr. Nimmo: On June 12, 2002, the Fridley Appeals Commission officially approved a request for variance, VAR #02-11, to reduce the front yard setback from 29 feet to 18.8 feet to recognize and expand an existing nonconformity on Lots 7-9, Block 3, Florence Park Addition, generally located at 6452 Able Street NE, with the following stipulations: 1. The petitioner shall obtain all necessary building permits prior to construction of any additions. 2. Additions shall meet all zoning code requirements including, but not limited to, setbacks, heights, and lot coverage. 3. Additions shall be architecturally compatible with existing home. 4. The petitioner shall meet all code requirements for driveways and curb cuts. You have one year from the date of the Appeals Commission action to initiate construction. If you cannot begin construction during this time, you must submit a letter requesting an extension at least three weeks prior to the expiration date. If you have any questions regarding the above action, please call me at 572-3599. Since ly, � Paul Bolin Planner Please review the above action, sign below, and return #he original to the City of Fridley Planning Department by July 1, 2002. �G�`�J� _ PB:Is Concur with action taken � ' . , � STATE OF MINNESOTA COUNTY OF ANOKA CiiY Gr r=RlaLtl� 1n the Matter of: VAR #02-11 Owner: Todd R. Nimmo ) ) ) I �) 3 a � `� � � �os �� -�� APPEALS COMMISSION PROCEEDINGS VARIANCE The above entitled matter came before the Appeals Commission of the City of Fridley and was heard on the 12th day of June, 2002, on a petition for a variance pursuant to the City of Fridley's Zoning Ordinance, for the following described property: To reduce the front yard setback from 29 feet to 18.8 feet to recognize and expand an existing nonconformity on Lots 7-9, except the north 30 feet of Lot 7, Block 3, Florence Park Addition, generally located at 6452 Able Street NE IT IS ORDERED that a variance be granted as upon the following conditions or reasons: Approved with stipulations. See attached June 12, 2002, Appeals Commission minutes. STATE OF MINNESOTA ) COUNTY OF ANOKA CITY OF FRIDLEY ) ) OFFICE OF THE CITY CLERK I, Debra A. Skogen, City Clerk for the City of Fridley, with and in for said City of Fridley, do hereby certify that 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. m IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at the City of Fridley, Minnesota, in the County of Anoka on the � day of , 2002. DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 Debra A. Skogen, City CI k , ��.,,� . ��'r �ti � ° ' s �� . . . , '�¢� s.;�'� ,(S�/�� - , �� , .i!r�fA��reB« . . �6 y �'j � � 6./ `r,, Variances are valid for a period of one year following approval and shall be considered void if not used within that period. � APPEALS COMMISSION MEETING, JUNE 12, 2002 PAGE 3 Mr. Zinter stated that with the previous approval and the problem with this. Ms. Jackson stated that addressing the safety issue, th important. The neighbors do not have an objection any Dr. Vos stated concurred. He was involved in the same house. The house on the south side was dj and there is not a problem now. � of the deck, he does not see a :ond exit from the house is is a good thing. �n with the previous petitioner for the and there was not a problem then, MOTION by Mr. Zinter, seconded by Ms. Jac,Ycson, to approve VAR #02-10 with the following stipulation: � 1. The deck shall not be converted to n enclosed porch without the approval of a variance. UPON A VOICE VOTE, ALL VOTIN AYE, VICE-CHAIRPERSON VOS DECLARED THE MOTION CARRIED UNANIMOUS . 2. PUBUC HEARING� VARIANCE REQUEST VAR #02-11, BY TODD R._ NIMMO: Per Section 205.07.03.D.(1) of the Fridley Zoning Code, to reduce the front yard setback from 29 feet to 18.8 feet to recognize and expand an existing nonconformity on Lots 7-9, Block 3, Florence Park Addition, generally located at 6452 Able Street NE. MOTION by Ms. Jackson, seconded by Mr. Zinter, to open the public hearing and waive the reading. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON VOS DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 7:39 P.M. Ms. Stromberg stated that recognition of this non-conformity is required prior to issuance of a building permit for the expansion. This request is the first front yard setback reduction variance received since the text amendment in 2000 reducing the front yard setback requirement from 35 feet to 25 feet. The petitioner's request is to reduce the front yard setback by 10.2 feet. The variance requests in the past have allowed for reductions to as much as 20 feet. This property is zoned R--1, single family, as are all surrounding properties. The existing home and single stall garage were built prior to 1949. The existing single stall garage was built 3.4 feet over the property line. As a result, expanding the garage would not be an option for the petitioner. The petitioner plans to demolish the garage and construct an addition onto the existing home. Ms. Stromberg stated the Code requires a minimum front yard setback of 25 feet. Because both of the neighboring properties are set back 35 feet, the front yard setback averaging requirement needs to be considered. That requires that if the front yard setback of neighboring homes is greater than the minimum front yard setback, the setback for the new structure can be six feet more or less than tF�e average depth of the adjacent structures. In no case shall it be less than the required front yard setback. Based on the above code requirements, the front yard setback of 29 feet is determined. Ms. Stromberg stated the petitioner plans to construct a living addition off the proposed garage to increase the square footage of the home. The proposed addition will meet all setback and lot coverage requirements. Granting this variance should not set a precedence for undeveloped lots in the future for recognizing an existing nonconformity. Expanding the nonconformity would allow the petitioner to demolish the nonconformity with the detached garage in the front yard. This would also allow the petitioner to reinvest in his home. -� - APPEALS COMMISSION MEETING, JUNE 12, 2002 PAGE 4 ' Ms. Stromberg stated the petitioner's hardship summary reads: "The current structure was buiit sometime before 1949, but only exists on record from this date. Due to its age, it is in desperate need for a good remodeling job. Also because of its age the house was built prior to the creation of setback ordinances within the City of Fridley. As it is the house sits 19 feet back from the property line towards the street, which is six feet short of the required 25 feet. It would also be important to note that the detached garage that currently exists is completely nonconforming with the setback requirements and sits on the edge of my property next to the street. It is my wish to rid the street of this very unattractive garage and build a new attached garage flush with the rest of the house and parallel to the street." Ms. Stromberg stated that staff has no recommendations as this request has been granted in the past in similar variances in 1997. If the variance is granted, staff recommends the following stipulations: 1. The petitioner shall obtain all necessary building permits prior to construction of any -� - additions. 2. Additions shall meet all zoning code requirements, including but not limited to, setbacks, height, and lot coverage. 3. Additions shatl be architecturally compatible with the existing home. 4. The petitioner shall meet all code requirements for driveways and curb cuts. Dr. Vos asked if it was built in the distance between the property line and the curb. The existing garage located over the property line is not over the street area. It is a boulevard area of 15 feet. Ms. Stromberg stated that is correct. Dr. Vos stated that the measurement for 29 feet comes from the prnperty line. The distance will be greater than 29 feet from Able St. to the new garage. Ms. Stromberg stated that is correct. Dr. Vos stated that parking a car is the issue with that distance to have 15 feet plus. Ms. Stromberg stated that it would be close to 19 feet to park a car. Dr. Vos stated that would fit just about finro cars. Mr. Todd Nimmo, petitioner, stated that his house was built in 1887 and is the oldest house in the entire block. It is the only house with a gabled roof and the only house with a garage like that, not flush with the house. The curb cut is already ready to go. Dr. Vos asked what the req'uirements were for a curb cut. Ms. Stromberg stated that the City Engineer wanted to make sure that if he was going to be moving the driveway, he would fill in his existing curb cut, and making another one. Ms. Jackson asked Mr. Nimmo if he understood the stipulations. Mr. Nimmo stated that he did. MOTION by Ms. Jackson, seconded by Mr. Zinter, to close the public hearing. , � � APPEALS COMMISSION MEETING, JUNE 12, 2002 PAGE 5 . UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON VOS DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 7:49. Ms. Jackson stated that it would be a good improvement for the property. The garage door currently is unsightly. Mr. Zinter stated concurred. Dr. Vos stated that it is a reasonable setback and is an improvement to the property. MOTION by Ms. Jackson, seconded by Mr. Zinter, to approve VAR #02-11, with the following stipulations 1. The petitioner shall obtain all necessary building permits prior to construction of any additions. 2. Additions shall meet all zoning code requirements, inclu�ing but no# limited to setbacks, heights and lot coverage. 3. Additions shall be architecturally compatible with existing home. 4. The petitioner shall meet all code requirements for driveways and curb cuts. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON VOS DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. UPDA� Ms. Stromberg stated the Planning 3. OTHER BUSINESS: had no meetings for one month. Ms. Stromberg stated that the June 26�' nd July 10th Appeals Commission meetings have been cancelled as there are no variance re ests. ADJOURNMENT: MOTION by Ms. Jackson, UPON A VOICE VOTE, AL MOTION Ci4RRIED AND � AT 7:54 P.M. Respectfully submitted, �- " Sig L. Joh n Recording Secretary ed by Mr. Zinter, to adjourn the meeting. '`VOTING AYE, VICE-CHAIRPERSON VOS DECLARED THE E JUNE 'i2, 2002, APPEALS COiIlIlMlSSLON WAS ADJOlJRNED � ABSTRACT Receipt # ' c�✓ — ❑ Incorrect/No Reference # Q � �, � Non-standard Document Date/Time � ❑ Certified Copy/ Document Order_�of PINs Recordability �l Filing Fees $ �O' w Copy/Additional Pg Fees $ ❑ Tax Lien/Release ❑ Transfer Well Cert Fees $ � Division ❑ Incomplete Form � Status ❑ Missing Attachment � New tegal Description ❑ No Legal Description � GAC ❑ Non-existent Legal Description � Deferred Specials � Part(s) Illegible o Change � DOCUMENT N0. 17 013 7 7. 0 ABSTRACT ANOKA COUNTY MINNESOTA I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS FILED IN THIS OFFICE FOR RECORD ON AUG 15 2 O 02 AT 5: O O PM AND WAS DULY RECORDED. FEES AND TAXES IN THE AMOUNT OF $ 2 O. O OpAID. RECEIPT N0. � p O 21 O 2 716 MAU E1V J. DEVINE ANOKA COUNIY PROPER7Y TAX ADMINISTRATOR/RECORDER/REG/STRAR OF TITLES BAP ev DEPU7YPROPERNTAXADM/N/STRATOR/RECORDER/REGISTRAR OFTITLES �