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AF-V - 467681 .Y �. �C � � � � ,�� ! l % CITY OF FRIDLEY 6431 UNIVERSITY AVENUE — �`�� FRIDLEY, MN 55432 To ^�� S� �� e� � (763) 572-3592 �� ' �� dt�'''�r' �� � 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 w.wwr....rn.�r.►wrwr.rr�vw.rwrw.�.n..r.rwr�rw...r....►....�rw..w.�r........r..r.�..�..�rwrw.w..�r.�r.�r.�r.�r.�.....r.�.wrwr.�r..rrw..�r.�r.�r.�r...�rr�v.r..rw..r.r.r.rw. n.w...r.�r 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: s�24/o� wr^rr�.w.rw.w.wrwr�r�.�wr�r�rwr.►.rr�r.�..�r�r.�rr�r�rr^r.�r.�rwr�rwrwrwr.�r.�r.�r.�r�r.r.o.�r.�r.�.n.r►.�rr�r.�rr�rw.�rw.wuw..�rw..�r�r.�rwrr�r.rrwr�.r.rnr�rrwrrwrwrr.�r 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 , �Z 5 /z�/ o wr.�rrr�rwrr�rw.r�rwr�rw.wr.�r.�rr.�....w.rr.�r.�..rw..i.wwr.�r�r.�..�....r�rwrw.�.wr.�rwrwrw.wr.�.wrw.rti.�..r.�rr�.�v.�..�r.�rwnrr.�..r�.�rw..�..�r...�....i+.n..i.r�r.�rwwr 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/ - � ' � _ �'� ` _ , J` ��.cs+-� 5°� ���- � ��,:� � _ ._.. . i z . � t,�'� 1 �4� cr� � �_ s' � �z�:� �� � �A. � i c I . .. ,� � � �:� . 1} � � � � �� \ 1 �y� .� � ` ` ��� 1 ► � . � �� ,� � � , � � � � � � �� • � � , � �i � �a� ' • � i ! � , � � � � , ` � � ' ,��' � �J � , ' � u , � ! i � • ', , , r � ' � ( . � � � � � � � 1 1 ' ' � � 1 � � . � ', ` � 1,' � � •�1.� �..1� ' ► � � � ;'� � � ' 1 • ' , �i, ' � 1 i , ►' , ► � �i_', � � � � 1 � 1 � � �� � 7 � � , , � 1 � , � ' � � -� ► 1 � � � ��� , � � � � � ' � � � � � - . . 1 1 , � ' � ` , 1 � , � 1 � � � � . � � i �► � 1 1 � � � i I � � � � � -I � �1 ; � � ► ,1 ! `` ' '/ 1 1 / � � � 'i I � � 1 S • _ ___ . _ - - __ __ _ ---;-- �, ��,o� � , ---__-- _ � _ � W -�-- -- - - --- - ♦ -�u�1.,---- ---_ _ _____�o _ ig� � �� 1 r • � • � u�c� c�- . . � ^ V'� �4 �"' __ �T ___"-_Vw� N�.__. __ �_ °�`"�`�- �, � � i , � � ' � ► _t + ► a � . � � � ; �� 1 � � � � 1 I � �. � 1 � � � ` f�. , : � r► 1 r' � �: I .� ' �. ��, � 1 � , , � • � , t� �� � � . � � . , ,' � , i � � / 1 � , : , ` : � � 1 � � ' � '� l` ` �i , i � , � i � ' � � , � � i , � � � � ' � � � 1 + � � � ' � � / � ` 7 ♦i� � � 1 i � • 1 � 1 ►� �. � � � �� �� 11 �� � ' G� r , � �, � i � , `i � � , , , � , � � ' r � t' i tit � T i �; � 1 1 � 1 � ' ` ` . � ,. 1 �� t 1 ' � , � ' . i 1 1 � � � � � 1 � � � ' � i � i � , � , � 1 1 i .1 • I � . � � � ���►11'�,���, �„ ', � �, ,, �. ,, ► _ � � , , 1 � � ' � • I � _ ' � • ' �+�. , . 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'' . _ �ce :� .. sr�as... - Tz.�. � - ..�a � ° € z n.r _e,�°� i��������� �� � � _ � � �� � � � � � � � � � 9 ...� � . � .. � �5�. ' V< ►_` ' ' ' ' ' ' , � ' ' 1 ' ' l , ' ' � lJ � � � � � � L ! � � ++ � �X N C � � � C � .� .� � � � �` / W � N � � � � N Q O ^L L.L ..M ' . , - _ t�.l Ii�Iy�N [�IV VLGI 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 r_ . „� t � � r. '�V O � � ,� Q Vy � �a : 1 �69 Z� �/ � � 69� .� � � � Z � � � � � � �\ C � r� Fy a � � > � d � � � {�.i � ti � Q 61 � a i 692 � ' 1 ' 69 ' � � �9 � �, W Z � � J p � W W W p � � W Q Z � � � U y U W W�}~ W W U Q � Q F � � Q � am3Uf7m3n. i ' � � J J ._ W W ._ � I ��-� , I __ r 1� M QNO QO C� 1' t0 t0 cQ � N � �F�� � � � � � 3 � 7 N O � a O �� �° .0 C U � � .L-' O ° m '� $ O � o �. �� � � � o ii N � � U c � � � d� m � �-� O O d � C > ro m 0 y � a° --o a y i � o � � a N c �a $ c N �.� � 0 .. 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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. ., � '' . , � � � O �I � � � ❑ � � � �� � � � � - > .v � :. .= ": ;� . t; �� �i .'i y� _ Y 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 a►• .�3 �'�` ��... w_ _ � � s�_ J _ �A i s Vl ��� 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