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CITY OF FRIDLEY
6431 UNIVERSITY AVENUE — �`��
FRIDLEY, MN 55432 To ^�� S� �� e� �
(763) 572-3592 �� ' �� dt�'''�r'
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COMMUNITY DEVELOPMENT DEPARTMENT
VARIANCE APPLICATION FOR:
�rn� Residential
Commercial/Industrial Signs
PROPERTY INFORMATION: (site plan required for submittal, see attached)
Address• - i �5 �1 � i�-�
Property Identification Number: R�S 30 24 �2 oa44 j o0530 �2.4 .
Legal Description: Lot�� Block 2 Tract/Addition S�uD l+�i�sT
Current Zoning: 1 Res�ie.u�ttiwL Square Footage/ac
Reason.for.Variance: 1�EE_D V�F}Kll� �0� � �y Rar� `�
� S1,0�. ���z� �'� rBll� �",P��n � o � � S� �� w°'�
Have you perated a business in a city which required a business license? '� ��-
Yes No t/� If Yes, which City?
tf Yes, what type of business?
Was that license ever denied or revoked? Yes No
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FEE OWMER INFORMATION (as it appears on the property title)
(Contract urcha ers: Fee owners must sign this form prior to processing.)
NAME: �lC�p� L �ri t�. !f 1�DST�o fr�
ADDRESS: i c:L' %�E ��tUuE 1�) �! 55 - 1I
DAYTIME PHONE�1637 502-B�oe SIGNATURE/DATE:
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NAME: l � 1.. . tJ 0 R D rY�
ADDRESS: 14� �A�1.TI�1a�l LR�C.L.r� I�S�.
DAYTIME PHONE: C763)-Soz-B�oo SIGNATURE/DA
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Section of City Code:
FEES
Fee: $100.00 for commercial, industrial, or s ns:
Fee: $60.00 for residenti_ prop rties: � Receipt #: _s �� Received By:
Application N e�_v%� �/-�`'�.
Scheduled Commission u�i,�. _� ��� 1-1 . atJO (
Scheduled City Council Date: � a3 ^�� _� �._
10 Day Application Como��±e Notifi�tio�Date: _� r/ i� rl
60 Day Date: �,/�p/ - � ' �
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FRIDLEY MUNICIPAL CENTER • 6431 UMVERSTTY AVE. N.E. FRIDLEY, MN 55432 •(763) 571-3450 • FAX (763) 571-1287
June 18, 2001
Richard and Mary Nordstrom
145 Hartman Circle NE
Fridley MN 55432
Dear Mr. and Mrs. Nordstrom:
Per Minnesota Statute 15.99, local govemment units are required to notify land use
applicants within 10 days if their land use applications are complete. Based on the
City's application schedule, we officially received an application for a variance on June
8, 2001. This letter serves to inform you that your variance application is complete.
Your Variance application hearing and discussion will take place at the City of Fridley
Appeals Commission Meeting on July 11, 2001 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 July 23, 2001 at 7:30 in the City Council Chambers.
If you have any questions regarding this letter or the process, please feel free to contact
me at 763-572-3595.
Sincerely, �
S acy u i' -- —
Planner
C-01-77
� ' �. -
F.
CITY OF FRIDLEY PUBLIC HEARING NOTICE
BEFORE THE APPEALS COMMISSION
TO: Residents within 350 feet of 145 Hartman Circle
CASE NUMBER: VAR #01-09
APPLICANT: Richard L. Nordstrom
145 Hartman Circle
Fridley, MN 55432
Petitioner or re resentative must be at meetin .
PURPOSE: To reduce the side yard setback for living area from 10 feet to
4.58 feet to allow the construction of an addition to the garage
with living area above the garage
LOCATION OF
PROPERTY: 145 Hartman Circle
LEGAL
DESCRIPTION: Lot 12, Block 2, Sandhurst Addition
DATE AND TIME Appeals Commission Meeting, Wednesday, July 11, 2001,
OF HEAR/NG: 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 Universi Avenue
HOW TO 1. You may attend hearings and testify.
PARTICIPATE: 2. You may send a letter before the hearing to Paul Bolin,
Planning Coordinator, or Stacy Bulthuis, Planner, at 6431
University Avenue N.E., Fridley, MN 55432 or fax at 763-
571-1287.
SPECIAL Hearing impaired persons planning to attend who need an
ACCOMMODATION: interpreter or other persons with disabilities who require
auxiliary aids should contact Roberta Collins at 763-572-3500
no later than July 2, 2001. (TDD 763-572-3534)
ANY QUESTIONS: Contact Paul Bolin, Planning Coordinator, at 763-572-3599,
or Stacy Bulthuis, Planner, at 763-572-3595.
Mailing Date: June 29, 2001
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GIRL SCOUT COUNCIL OF MPLS
6900 E RIVER RD
FRIDLEY, MN 55432
CURRENT RESIDENT
153 HARTMAN CIR
FRIDLEY, MN 55432
MC DONALD ALD A& JUDITH
129 HARTMA CIR NE
FRIDLEY, 5 432
CURRENT RESIDENT
125 HARTMAN CIR
FRIDLEY, MN 55432
WICHER NA A
6880ER RRDNE
FRIDLE , M 55432
KNUTSO MA C
140 HART CIR NE
FRIDLEY, 5432
CURRENT RESIDENT
161 HARTMAN CIR
FRIDLEY, MN 55432
GRESHIK M R RET M
121 HARTM CIR NE
FRIDLEY, 432
JONES JA N& JILL E
120 HARTM CIR NE
FRIDLEY, 55432
CURRENT RESIDENT
6880 E RIVER RD
FRIDLEY, MN 55432
MISKOW ZANNE
153 HART N CIR NE
FRIDLE M 5432
CURRENT RESIDENT
157 HARTMAN CIR
FRIDLEY, MN 55432
ANDERS YMONDJ
125 HART N CIR NE
FRIDLEY' M 5432
MUELL RU B
128 HAR N CIR NE
FRIDLEY 5432
CURRENT RESIDENT
150 HARTMAN CIR
FRIDLEY, MN 55432
BAUME R BERT J
161 HAR AN CIR NE
FRIDLEY M 55432
CURRENT RESIDENT
120 HARTMAN CIR
FRIDLEY, MN 55432
CURRENT RESIDENT
160 HARTMAN CIR
FRIDLEY, MN 55432
NELSON I I
149 HART N CIR NE
FRIDLEY, 55432
CURRENT RESIDENT
129 HARTMAN CIR
FRIDLEY, MN 55432
ULRICH D V G
157 HART N CIR NE
FRIDLE , M 5432
CURRENT RESIDENT
128 HARTMAN CIR
FRIDLEY, MN 55432
CURRENT RESIDENT
140 HARTMAN CIR
FRIDLEY, MN 55432
JONES AR �S H
150 HAR N CIR NE
FRIDLEY 55432
CURRENT RESIDENT
121 HARTMAN CIR
FRIDLEY, MN 55432
CURRENT RESIDENT
137 HARTMAN CIR
FRIDLEY, MN 55432
WALZ FR
160 HART N CIR NE
FRIDL , M 55432
CURRENT RESIDENT SCHOLZE ED ARD J& LOIS S CURRENT RESIDENT
117 HARTMAN CIR 117 HART CIR NE 165 HARTMAN CIR
FRIDLEY, MN 55432 FRIDLEY, 5432 FRIDLEY, MN 55432
�_
. �, s
�.
LOX GLA
165 HART N CIR NE
FRIDLEY, 5432
CURRENT RESIDENT
110 HARTMAN CIR
FRIDLEY, MN 55432
CURRENT RESIDENT
141 HARTMAN CIR
FR�DLEY, MN 55432
NORDSTRO RI ARD L& MARY A
145 HARTMA IR NE
FRIDLEY, M 5432
CURRENT RESIDENT
170 HARTMAN CIR
FRIDLEY, MN 55432
MILLER KE M & SHIRLEY
137 HARTM CIR NE
FRIDLEY, 432
GAVIC MAR I C& THELMA M
141 HARTM CIR NE
FRIDLEY, N 432
CURRENT RESIDENT
149 HARTMAN CIR
FRIDLEY, MN 55432
HINSVERK N K& MARLYS J
170 HART CIR NE
FRIDLEY, N 432
SAM HELEN M
110 TMAN CIR NE
FRI E MN 55432
CURRENT RESIDENT
145 HARTMAN CIR
FRIDLEY, MN 55432
.
City of Fridley Land Use Application
VAR #01-09 July 3, 2001
GENERAL INFORMATION SPECIAL INFORMATION
Applicant:
Richard & Mary Nordstrom
145 Harhnan Circle NE
Fridley, MN 55421
Requested Action:
Variance to reduce the side yard setback
for a garage addition with living azea
above.
Existing Zoning:
R-1 (Single Family Residential)
Location:
145 Hartrnan Circle NE
Size:
13,472 sq. ft. .3 acres
Existing Land Use:
Single family home.
Surrounding Land Use & Zoning:
N: Girl Scout Camp Lockeslea &
Public Facilities
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.(2) (a) requires a side
yard setback of ten (10) feet between any
living area and side property lines.
Zoning History:
1955 - Lot is platted.
1957 — Home is built.
Legal Description of Property:
Lot 12, Block 2, Sandhurst Addition
Public Utilities:
Home is connected.
Transportation:
Hartman Circle provides access to the
residence.
Physical Characteristics:
Typical suburban landscaping.
SUMMARY OF PROJECT
Petitioners, Mr. and Mrs. Nordstrom are seeking to
reduce the side yard setback between the property
line and living space from 10 feet to 4.58 feet and
the setback for an attached garage from 5 feet to
4.58 feet to construct a 28 by 18 attached garage
with living space above.
SUMMARY OF HARDSffiP
"N'e have two large silver maples in the back yard,
the trunks of the trees are over 30 inches in
diameter. One of the trees is directly behind the
kitchen to the north of our lot. There would be no
way we could add this addition to the north without
taking down this lovely silver maples. We have four
vehicles and there is a useful purpose for every one
of them. I would with the addition be able to store
these vehicles inside and not have to keep two of
them in the driveway all year long.
- Richard Nordstrom
SUMMARY OF ANALYSIS
City Staff recommends denial of this variance
request.
• No similar variances have been granted
in the past.
• Other alternatives exist.
• There is no undue hardship.
CITY COUNCIL ACTION/ 60 DAY DATE
CC — 7/23/O1 / 60 Day — 5/21/O1
(Existing home and attached garage)
Staff Report Prepared by: Stacy Bulthuis
, .
VAR #O1-09
ANALYSIS
Petitioners, Richard and Mary Nordstrom, are seeking to reduce the side yard setback between
the property line and living space from 10 feet to 4.58 feet and the setback for an attached garage
from 5 feet to 4.58 feet to construct a 18 by 28 attached garage with living space above at 145
Hartman Circle.
The property is zoned R-1 Single family and is located on Hartman Circle, west of East River
Road. The existing home and garage front on Hartman Circle and were built in 1957.
The existing home and attached garage is 22.5 feet from the side yard property line. In order to
construct the addition in the petitioner's preferred location, a variance to reduce the side yard
setback is necessary. Staff made a visit to the site and noted that there are other options for the
additions without needing a variance. One altemative proposed by Staff would be to reduce the
addition to be 12 by 28. This would allow the petitioner's to both gain garage and living space
without needing a variance. Another option for the petitioner's would be to construct a detached
garage in the northern corner of the lot and create a living addition off of the back of the house.
The two silver maples that the petitioner's address in their hardship statement are around 20 feet
from the house, so a living addition off the back of the house could be accomplished.
Location of Silver Maple in rear yard
As stated above, the petitioners are seeking to reduce the side yard setback from 10 feet to 4.58
feet to construct an addition to their garage, with living space above. Fridley City Code requires
that first accessory structures not exceed a maximum of 1,000 squaze feet. The proposed
addition will exceed this requirement by 148 square feet. The petitioner has indicated that he
will install a firewall to separate the garage from the remaining 148 square feet and will use this
area as a workshop.
Existing home and detached garage
vaivalvcE x�xnsxir
Before the Commission shall grant a variance, it is the responsibility of the applicant to prove
that enforcement of the code would case undue hardshiu 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 this request. In addition to the staff analysis of the
site, the petitioner has not listed out any legally defined hardship in his letter of hardship. In
reviewing the petitioner's request, staff applied the legal definition of hardship and developed the
following analysis:
T'he property cannot be put to reasonable use if used under the requirements of the
code.
• StafPs research recognized that a 12 by 28 expansion could be
accommodated.
• Property can still be used as a single-family home. The existing home has a
784 square foot two car garage.
2. The need for the variance is due to unique property conditions.
• There are no physical characteristics that would deem this site as having
unique property conditions.
• The Petitioners desire to add 18 feet to the side of the home is not a unique
condition. Staff has demonstrated that alternatives do exist.
3. The variance will not alter the chazacter of the neighborhood.
• The code requires the side yard setback to provide side yard space to be used
for green areas which enhance neighborhoods. The setbacks also provide
access for emergencies and limit the condition of crowding the neighborhood.
This neighborhood consists of ramblers with two car garages. Two double
garages and the height of the living area above would be out of place in this
neighborhood.
SUMMARY OF HARDSHIP
"We have iwo large silver maples in the back yard, the trunks of the trees are over 30 inches in
diameter. One of the trees is directly behind the kitchen to the north of our lot. There would be
no way we could add this addition to the north without taking down this lovely silver maples. We
have four vehicles and there is a useful purpose for every one of them. I would with the addition
be able to store these vehicles inside and not have to keep two of them in the driveway all year
long. "— also see attached letter from petitioner.
- Richard Nardstrom
RECOMMENDATIONS
City Staff recommends denial of this variance request.
• No similar variances have been granted in the past.
• Other alternatives exist.
• There is 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 conshuction.
2. Addition shall be architecturally compatible with existing home and finished with same
siding and color scheme.
3. All vehicles shall be stored on a hard surface driveway as approved by the City.
4. Garage shall not be used for home occupation or living area.
5. Petitioner shall install code approved firewall around proposed shop area.
.,
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CITY OF FRIDLEY
APPEALS COMMISSION MEETING
JULY 11, 2001
CALL TO ORDER:
Acting Chairperson Vos called the July 11, 2001, Appeals Commission meeting to order
at 7:30 p.m.
ROLL CALL:
Members Present: Ken Vos, Blaine Jones, Sue Jackson
Members Absent: Larry Kuechle.
Others Present: Paul Bolin, Planning Coordinator
Stacy Bulthuis, Planner
Richard L. Nordstrom, 145 Hartman Circle
Alice Nelson, 149 Hartman Circle
Suzanne Miskowic, 153 Hartman Circle
APPROVAL OF THE APRIL 25, 2001, APPEALS COMMISSION MEETING MINUTES:
MOTION by Ms. Jackson, seconded by Mr. Jones, to approve the April 25, 2001,
Appeals Commission meeting minutes as presented.
UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON VOS DECLARED
THE MOTION CARRIED UNANIMOUSLY.
1. PUBLIC HEARING: VARIANCE REQUEST. VAR #01-09, BY RICHARD L.
NORDSTROM:
Per Section 205.07.03.D.(2).((a)) of the Fridley Zoning Code, to reduce the side
yard setback for living area from 10 feet to 4.58 feet to allow the construction of
an addition to the garage with living area above the garage on Lot 12, Block 2,
Sandhurst Addition, generally located at 145 Hartman Circle.
MOTION by Ms. Jackson, seconded by Mr. Jones, to waive the reading and open the
public hearing.
UPON A VOICE VOTE, ALL VOTING AYE, ACTING CHAIRPERSON VOS
DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 7:31
P.M.
Ms. Bulthuis stated the petitioner is requesting a variance to reduce the side yard
setback befinreen the property line and living space from 10 feet to 4.58 feet and the
��
4,
-+ �. APPEALS COMMISSION MEETING, JULY 11, 2001 PAGE 3
2. The addition shall be architecturally compatible with the existing home and
finished with the same siding and color scheme.
3. All vehicles shall be stored on a hard surface driveway as approved by the City.
4. The garage shall not be used for home occupation or living area.
5. The petitioner shall install a code-approved fire wall around the proposed shop
area.
Ms. Bulthuis stated that staff received four phone calls from neighbors opposing the
variance and one letter opposing the variance.
MOTION by Mr. Jones, seconded by Ms. Jackson, to receive the letter into the record.
UPON A VOICE VOTE, ALL VOTING AYE, ACTING CHAIRPERSON VOS
DECLARED THE MOTION CARRIED UNANIMOUSLY.
Ms. Jackson asked about how the 12 feet by 28 feet expansion could be
accommodated.
Ms. Bulthuis stated that staff drew out how the addition would be expanded from the
garage. A 12-foot addition could be added to the existing house which would allow 10
feet from the living area to the lot line, and no variance would be needed.
Mr. Jones asked if the garage was 28 feet deep, could two vehicles park in it front to
back?
Ms. Bulthuis stated that smaller vehicles could.
Dr. Vos asked if the resident to the west would be impacted?
Mr. Bolin stated it could cause a problem if the neighbors chose to expand within five
feet of the property line. The building code requires a six-foot separation from the
building so it would not be a problem there.
Mr. Nordstrom stated that he had nothing to add to the staff's report.
Ms. Alice Nelson, 149 Hartman Circle, stated that she lives just west of the petitioner.
She wrote the letter the Commission received into the record. She believes this is too
much of a variance. Mr. Nordstorm first indicated he was only adding a garage. She is
not against improving the property, but this structure is just too big. When she goes into
her yard, she will face this huge wall.
Ms. Suzanne Miskowic, 153 Hartman Circle, stated they want their neighborhood to
remain beautiful with strictly one family homes. Nobody has a need for a four car
garage just to park cars. About three years ago, a shed was added to a neighbor's
home and he now repairs cars. The concern is that they do not want any more repair
shops in the circle.
, 't
t �
- �• APPEALS COMMISSION MEETING, JULY 11, 2001 PAGE 5
MOTION by Mr. Jones, seconded by Ms. Jackson, to recommend to City Council denial
of Variance Request #01-09.
UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON VOS DECLARED
THE MOTION CARRIED UNANIMOUSLY.
Mr. Bolin stated this item would go to Council on July 23, 2001.
2. UPDATE ON PLANNING COMMISSION AND CITY COUNCIL ACTIONS:
Mr. Bolin updated the Commission on upcoming Planning Commission items and past
Planning Commission and City Council actions. .
3. OTHER BUSINESS:
Mr. Bolin stated there is a vacancy on the Appeals Commission. If anyone is interested
in serving on the Appeals Commission, they should call Roberta Collins at 763-572-
3500 to request an application.
ADJOURNMENT:
MOTION by Ms. Jackson, seconded by Mr. Jones, to adjourn the meeting.
UPON A VOICE VOTE, ALL VOTING AYE, ACTING CHAIRPERSON VOS
DECLARED THE MOTION CARRIED AND THE JULY 11, 2001, MEETING OF THE
APPEALS COMMISSION ADJOURNED AT 8:00 P.M.
Respectfully submitted,
Signe L. Johnson
Recording Secretary
,� �
.� ...,
AGENDA ITEM
CITY COUNCIL MEETING OF JULY 23, 2001
QI7 OF
FR�LEY
DATE: July 13, 2001
TO: William W. Burns, City Manager �1� r
AI
FROM: Scott Hickok, Community Development Director
Paul Bolin, Planning Coordinator
Stacy Bulthuis, Planner
RE: Variance Request, VAR 01-09, Richard and Mary Nordstrom
M-01-95
INTRODUCTION
Richard and Mary Nordstrom are seeking to reduce the side yard setback
befinreen the property line and living space from 10 feet to 4.58 feet and the
setback for an attached garage from 5 feet to 4.58 feet to construct an 18' by 28'
attached garage with living space above at 145 Hartman Circle.
APPEALS COMMISSION RECOMMENDATION
At the July 11, 2001, Appeals Commission meeting, a public hearing was held for
VAR #01-09. After a brief discussion, the Appeals Commission recommended
denial of variance, VAR #01-09. The Appeals Commission noted that the
Petitioner had no real hardship, that the size of the proposed expansion would be
out of character ir� this neighborhood, and that several alternatives exist that
would not require a variance.
THE MOTION CARRIED UNANIMOUSLY.
PLANNING STAFF RECOMMNEDATION
City Staff recommends concurrence with the Appeals Commission.
STIPULATIONS
Staff recommends that if the variance is granted, the following stipulations be
aff�ched.
� 1. Petitioner shall obtain all necessary building permits prior to
construction.
55
� �
. ,
.�_ .. ..
2. Addition shall be architecturally compatible with existing home and
finished with the same siding and color scheme.
3. All vehicles shall be stored on a hard surface driveway as approved by
the City.
4. Garage shall not be used for a home occupation or living area.
5. Petitioner shall install code approved firewall around proposed shop
area.
56
T � � �
�,� • r
City of Fridley Land Use Application
VAR #01-09 July 3, 2001
GENERAL INFORMATION SPECIAL INFORMATION
Applicant:
Richard & Mary Nordstrom
145 Hartman Circle NE
Fridley, MN 55421
Requested Action:
Variance to reduce the side yard setback
for a garage addition with living area above.
E�sting Z�tng:
R 1 (Single Family Residential)
Location:
145 Har�an Circle NE
Size:
13,472 sq. fk .3 acres
Existinng Land Use:
Single family home.
Surrounding Land Use & Zoning:
N: Girl Scout Camp Lockeslea & Public
Facilities
E: Single Family & R-1
S: Single Family & R-1
W: Single Family & R-1
Comprehensive Plan Confoimance:
Consistent with Plan
Zoning Ordinance Conforn�ance:
Section 205.07.3.D.(2) (a) requires a side
yard setback of ten (10) feet between any
living area and side property lines.
Zoning History:
1955 - Lot is platted.
1957 — Home is buil�
Legal Description of Properiy:
Lot 12, Block 2, Sandhurst Addition
Public Utilities:
Home is connected.
Transportation:
Hartman Circle provides access to the
residence.
57
Physical Characteristics:
Typical suburban landscaping.
SUMMARY OF PROJECT
Petitioners, Mr. and Mrs. Nordstrom are seeking to
reduce the side yard setback between the property
line and living space from 10 feet to 4.58 feet and the
setback for an attached garage from 5 feet to 4.58
feet to construct a 28 by 18 attached garage with
living space above.
SUMMARY OF HARDSHIP
"We have iwo large silver maples in the back
yard, the trunks of the trees are over 30 inches in
diameter. One of the trees is directly behind the
kitchen to the north of our lot. There would be
no way we could add this addition to the north
without taking down these lovely silver maples.
We have four vehicles and there is a useful
purpose for every one of them. I would with the
addition be able to store these vehicles inside and
not have to keep two of them in the driveway all
year long.
- Richard Nordstrom
SUMMARY OF ANALYSIS
City Staff recommends denial of this variance
request.
• No similar variances have been gtanted 'm
the past.
Other altematives exist.
• There is no undue hardship.
CITY COUNCIL ACTION/ 60 DAY DATE
CC — 7/23/O1 / 60 Day — 5/21/O1
�
� 't
VAR #01-09
ANALYSIS
Petitioners, Richard and Mary Nordstrom, are seeking to reduce the side yard setback between the
property line and living space from 10 feet to 4.58 feet and the setback for an at#ached garage from 5
feet to 4.58 feet to construct a 18 by 28 atzached garage with living space above at 145 Har�an
Circle.
The property is zoned R-1 Single family and is located on Harbman Circle, west of East River Road.
The existing home and garage front on Hartrnan Circle and were built in 1957.
The existing home and attached garage is 22.5 feet from the side yard property line. In order to
construct the addition in the petitioner's preferred location, a variance to reduce the side yard setback is
necessary. Staff made a visit to the site and noted that there are od�er options for the additions without
needing a variance. One alternative proposed by Staff would be to reduce the addition to be 12 by 28.
This would allow the petitioner's to both gain garage and living space widiout needing a variance.
Another option for the petitioner's would be to constiuct a detached garage in the northern corner of
the lot and create a living addition off of �e back of the house. The two silver maples that the
petitioner's address in their hardship statement are azound 20 feet from the house, so a living addition
off the back of the house could be accomplished.
Location of Silver Maple in rear yard
As stated above, the petitioners are seeking to reduce the side yard setback from 10 feet to 4.58 feet to
construct an addition to their garage, with living space above. Fridley City Code requires that fust
accessory structures not exc,eed a maximum of 1,000 square feet. The proposed addition will exceed
�
� 'Y
this requirement by 148 square feet. The peritioner has indicated that he will install a firewall to separate
the garage from the remaining 148 square feet and will use this area as a workshop.
Existing home and detached garage
VARIANCE HARDSHIP
Before the Commission shall grant a variance, it is the responsibility of �e applicant to prove that
enfom,ement of the code would cause undne hardship because of conditions unique to the property
and �at if the variance is granted it will be keeping with the intent of the ordinance. Undue hardship
as de5ned 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 d�e law, tbat would allow staff to
recommend anything but denial of this request. In addition, to the staff analysis of the site, the petitioner
has not listed out any legally defined l�ardship in his lettet of hardship. In reviewing die petitioner's
request, staff applied the legal definition of hardship and developed die following analysis:
1. The property cannot be put to reasonable use if used under the requirements of the code.
� Stai�s reseazch recognized that a 12 by 28 expansion could be accommodated.
• Propeity can still be used as a single-family home. The existing home has a 784
square foot two car garage.
59
.±.�
2. The nced for the variance is due to unique property conditions.
• There are no physical cbatac.-teristics that would deem this site as having unique
properiy conditions.
• The Petitioners desire to add 18 fcet to the side of the home is not a unique
condition. Staff has demons�atsd that alternatives do exist.
3. The variance will not alter the character of the neighborhood.
• The code requires the side yard setback to provide side yard space to be used for
g�+een areas which enhance neighborhoods. The setbacks also provide access for
emergencies and limit d�e condition of crowding t�e neighborhood. This
neighborhood consists of ramblers with two car garages. Two double garages and
the height of the living area above would be out of place m this neighborhood.
SUMMARY OF HARDSHIP
"We have two large silver maples in the back yard, the trunks of the trees are over 30 inches in
diameter. One of the trees is directly behind the kitchen to the north of our lot. There would be
no way we could add this addition to the north without taking down these lovely silver maples.
We have four vehicles and there is a useful purpose for every one of them. I would with the
addition be able to store these vehicles inside and not have to keep two of them in the driveway
all year long. "— also see attached letter from petitioner.
- Richard Nordstrom
RECOMMENDATION5
eity Staff recommends denial of this variance request.
• No similar variances have been granted in the past.
• Other alternatives exist.
� There is no undue hardship.
STIPULATIONS
Staff recommends that if the variance is g�anted, die following stipulations be atxached.
1. Petitioner shall obtain all necessary building permits prior to canshuction.
2. Addition shall be architecharally compah�ble widi existing home and finished witi� same siding and
color scheme.
3. All vehicles shail be stored on a hard surface driveway as approved by the City.
4. Garage shall not be used for home occupation or living area.
5. Petitioner shall install code approved firewall around proposed shop area.
.i
��
� �` "�, �'�f k
n � �: FRIDLEY CITY COUNCIL
�F-
_ ..
OF JULY 23, 2001 `
PAGE 23
17. FIRST READING OF AN ORDINANCE T(�AMEND THE CITY CODE OF THE
CITY OF FRIDLEY, MINNESOTA, BY
DISTRICTS (ZOA #O1-02, BY BOBBY �
401 IRONTON STREET N.E.)�WARD 3('l
A CHANGE IN ZOIVING
.YLOR, GENERALLY LOCATED AT
ABLED JUNE 18. 20011:
MOTION by Councilmember Bolkcom to den�/approval of the first reading of an ordinance to
amend the City Code of the Fridley City Code/ Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL VO G AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNA1�iIMOUSL .
Councilmember Bolkcom asked Mr.
NEW BUSINESS:
18. FIRST READING OF
to notify Mr. and Mrs. Taylor.
ORDINANCE AMENDING CHAPTER 402 OF THE
FRIDLEY CITY �ODE PERTAINING TO WATER AND SEWER
ADMI1�iISTRA'
MOTION by Council
reading. Seconded by
UPON A VOICE
MOTION CARRII
�j— REPAIRS TO CONNECTION:
Billings to waive the reading and approve the ordinance on first
nember Bolkcom.
4TE, ALL VOTING AYE, MAYOR LUND DECLARED THE
UNANIMOUSLY.
19. VARIANCE REQUEST, VAR #01-09, BY RICHARD AND MARY NORDSTROM,
TO REDUCE THE SIDE YARD SETBACK TO ALLOW THE CONSTRUCTION
OF AN ADDITION TO THE GARAGE WITH LIVING SPACE ABOVE THE
GARAGE, GENERALLY LOCATED AT 145 HARTMAN CIRCLE (WARD 3):
Mr. Hickok stated that the petitioners are seeking to reduce the side yard between the property
line and living space from 10 feet to 4.58 feet, and the side yazd setback for an attached garage
from 5 feet to 4.58 feet to construct an 18 foot by 28 foot attached garage addition with living
space above. The house is sitting skewed on the lot and the southwest corner of the house is
where the variance is needed. The proposed addition will exceed 1,000 square feet by 148
square feet. The petitioner indicated that part will be his workshop so he can separate that off
and stay within the 1,000 square foot maximum. That is an acceptable altemative.
Mr. Hickok stated that staff visited the site and noted there are options without needing a
variance. One would be reducing the addition size to 12 by 28 feet to gain both gazage and
living space. A detached gazage could be constructed in the rear of the property and a drive
could be brought azound the west side of the gazage to access the new garage. The petitioner's
hazdship statement is as follows: "We have two large silver maples in the backyard and the
trunks of the trees are over 30 inches in diameter. One of the trees is directly behind the kitchen
to the north of the lot and there is no way to add this addition to the north without taking down
these lovely silver maples. We have four vehicles and there is a useful purpose for every one of
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FRIDLEY MUNICIPAL CENTER • 6�i31 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 •(763) 571-3450 • FAX (763) 571-1287
CITY COUNCIL
ACTION TAKEN NOTICE
August 6, 2001
Richard L. Nordstrom
14� Hartman Circle
Fridley, MN 55432
Dear Mr. Nordstrom:
On July 23, 2001, the Fridley City Council officially denied your request for a variance, VAR
#01-09, to reduce the side yard setback for living area from 10 feet to 4.58 feet to allow the
construction of an addition to the garage with living space above the garage, on Lot 12, Block 2,
Sandhurst Addition, generally located at 145 Hartman Circle.
If you have any questions regarding the above action, please call me at 572-3599.
Sincerely,
�
%�..✓� ��
Paul Bo�in -
Planning Coordinator
PB:Is