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FRIDLEY
FRIDLEY MUNICIPAL CENTER • 6-�31 llNIVERSITY AVE. N.E. FR[DLEY, MN 55-13? •(bl?) 571-34i0 • FAa (bl?) 571-1?R7
March 13, 1990
Dave Ulrich
157 Hartman Circle N.E.
Fridley, MN 55432
Dear Mr. Ulrich:
Recently the City received information suggesting that you may be
renting out the basement of your residence as a separate dwelling
unit. The City's Zoning Code prohibits operation of a multi-
family dwelling in an R-1 district. (Copy of dwelling unit
definition is enclosed.)
At this time, the City is requesting.that you supply our office
with some information. We are specifically interested in the
number of people living in the dwelling unit, whether or not they
are related to you, and the number of entrances and kitchen
facilit'ies within the residence.
Please contact me at 572-3595 to discuss this matter as soon as
possible. Thank you for your cooperation!
Sincerely,
Steven Barg
Planning Assistant
SB:ls
C-90-108
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CITYOF
F'RIDLEY
FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 •(612) 571-3450 • FAX (612) 571-1287
March 23,1992
Steven T. Rosso �
5301 East River Road, Suite 117
FYidley, MN 55432
RE: Property at 157 H�artman Circle N.E. / Mr. Dave Ulrich
�-. i '.� •
Zhis lettex is a follaw up to our c�oriveYSation of last morith regardirig the above
referenced property. At that time, yau i.ndicated to me that ydu are still
representing Mr. Ulrich and that you w�uld check further into the current use
of his property.
The Fridley Zoning Code prohibits the operation of two family dwellirigs in R-1,
Single Family districts. I have enclosed copies of the Zoning Code's definitions
of "family" and "dwellirig unit" for yaur review.
Ztao of the key requirements �rtain�q ��s issue are as follows:
1. More than 5 unrelated persons living in a clwrelling unit shall not
constitute a family.
2. Separ�ate dwelling units must not be maintained such that no
i�;vidual living in the residexx�e has access to the entire
stxucture.
At this time, I am requesting that you supply our office with some information.
I am specifically interested in the n�r of peaple livirig in the dwellirig unit,
whether or not they are related, and details concerning the facilities and
physical layout within the residence.
Please contact me at 572-3595 to discuss this matter as soon as possible. Z�ank
you for your cooperation.
Sirx�erely,
Steven Barg
Planni.t�g Assistant
SB:ls
C`E-92-54
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U�iYOF
FRIDLEY
FR[DLEY MUNIC[PAL CENTER • 643! UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 •(612) 571-3450 • FAX (612) 57{-1287
November 5, 1992
Dave Ulrich
157 Hartman Circle N.E.
Fridley, MN 55432
RE: Property at 157 Hartman Circle N.E.
Dear Mr. Ulrich:
In 1990 I sent you a letter concerning information which I had
received indicating that you were renting out the basement of your
residence as a separate dwelling unit. The City's Zoning Code
prohibits the operation of a two-family dwelling in an R-1, Single
Family Dwelling district. Two key requirements pertaining to this
issue are as follows:
l.
2.
More than five unrelated persons living in a dwelling
unit shall not constitute a family.
Separate dwelling units must not be maintained such that
nb individual living in the residence has access to the
entire structure.
Subsequently,
that you were
Zoning Code.
information.
your attorney, Steven Rosso, contacted me and stated
not operating a duplex as defined by the Fridley
Mr. Rosso sent me a brief letter to confirm this
Within the past year, I have once again received complaints. I
contacted your legal representatives to discuss this matter again
and received a written response from Dale Sheldon stating that your
property was being used in full conformance with the City's single
family requirements.
Recently, I spoke with an individual who has apparently been inside
your residence and stated that there are two completely separate
dwelling units within the structure. Based on this information,
I am requesting that you contact me as soon as possible so that we
may arrange a meeting at your residence for the purpose of
determining whether or not you are in compliance with the Fridley
Zoning Code requirements. Should you not contact me by November
16, 1992, to set a meeting or provide verification of compliance,
I will submit this matter to the City Attorney for prosecution.
�, .� �' ^.
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DATL:
TO:
FROM:
8IIBJ8CT:
Community Development Department
P G DIVISION
City of Friclley
November 5, 1992
William Burns, City Manager
Barbara Dacy, Community Development Director
Steven Barg� Planning Assistant
Property at 157 Hartman Circle N.E.
On November 2, 1992,- the residents of Hartman Circle met to discuss
a variety of concerns with Connie Bauman, Councilmember Nancy J.
Jorgenson, and myself. One issue raised at this meeting involved
whether or not Mr. Dave Ulrich of 157 Hartman Circle N.E. was
unlawfully operating his residence as a duplex.
Based on the City's interpretation of the Zoning Code definitions,
a property is deemed not to be a single family residence if one or
both of the following conditions apply: ,
1. More than five unrelated people reside on the property.
(This violates the definition�of "Family" found in the
Zoning Code.)
2. Separate dwelling units with compietely independent
living facilities are maintained such that no individual
living in the residence has access to the entire
structure. (This is based on the City's "Door Policy"
interpretation of the separation of living units.)
During the past two years, I have received several complaints
concerning the possible existence of a duplex operated at the
Ulrich property. On two occasions, I have sent letters regarding
this issue, and both times Mr. Ulrich's attorney has contacted me
stating that his c].ient's property is being used in full compliance
with the City�s Zoning Code requirements. On March 25, 1992, this
attorney sent me a letter (copy attached) to confirm the
information which he had provided in our telephone conversation.
The most recent complainant in this matter, Harvey Jones, 150
Hartman Circle N.E., indicated to me that he has been inside the
Ulrich residence and that it constitutes a duplex as defined by the
City. Based on his comments at the November 2, 1992, meeting, it
is my understanding that Mr. Jones would be willing to testify in
�' ,N .,-
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157 Hartman Circle N.E.
November 5, 1992
Page 2
court should the City take legal action against Mr. Ulrich. " In
past conversations with the City Prosecutor, I have been told that
the City may proceed with a charge that cannot be proven by staff
if a witness can testify that a violation exists.
On the morning of November 4, 1992, I called Mr. Ulrich's attorney,
Dale Sheldon, to further discuss this matter. Mr. Sheldon
indicated that he would promptly contact Mr. Ulrich to discuss the
possibility of having him meet with me at his residence to verify
compliance with the Zoning Code requirements. As of this time, I
have not received a response from either Mr. Ulrich or Mr. Sheldon.
Earlier today, I sent a letter (copy attached) instructing Mr.
Ulrich to contact me by November 16, 1992, to arrange a meeting for
the purpose of verifying his claim that his residence is in
conformance with the Zoning Code requirements. In accordance with
the terms of this letter, I will issue Mr. Ulrich a citation and
submit all documents to the City Prosecutor's office if I do not
receive a reply by November 16, 1992.
Please let me know if you have questions or wish to discuss this
further.
SB:ls
CEM-92-98
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DATE:
TO:
FROM:
SUBJBCT:
Community Development Department
PI.ANNING DIVISION
City of Fridley
November 23, 1992
William Burns, City Manager
Barbara Dacy, Community Development Director
Steven Barg, Planning Assistant
Property at 157 Hartman Circle N.E.
As you are aware, residents living in the neighborhood adjacent to
the above referenced property recently voiced a concern that the
property owner, Mr. Dave Ulrich, is operating a duplex at this
site. Shortly thereafter, I sent Mr. Ulrich a letter addressing
this issue and requesting the opportunity to meet with him. On
November 23, 1992, I met with Mr. Ulrich at his residence to
inspect the property and discuss the situation with him.
Mr. Ulrich lives on the main level of the residence and rents the
lower level to�a woman and her child. The lower level can be
accessed through a front entrance to the main level and an adj acent
stairway or by a rear walkout off the lower level. The renter's
living area contains completely independent living facilities
(kitchen, sleeping area, etc.); however, there is no physical
separation between the living areas.
This situation does not appear to constitute noncompliance with the
City's R-1 zoning district requirements pertaining to dwelling
units. This is because a physical separation does not exist which
would prevent one or more parties from gaining access to the entire
structure (the so-called "door policy"), and there are not more
than five.unrelated persons living on the site. However, this
scenario does not meet the Zoning Code's guest room definition
since a separate kitchen facility exists for the second living
area.
Staff will be seeking a legal opinion concerning whether or not the
situation at Mr. Ulrich's residence constitutes an illegal duplex.
We will keep you posted as to the status of this matter.
SB:ls
CEM-92-102