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PRE 2010 DOCS41s._ Village of Fridley, Minn. o BUILDING PERMIT N' Date .......... Owner ,. .!� ... Address �r��?:1,kg '1327 .. Builder. ..'! ... Address :J . ! ................ 1.''�LOIOIfO� BT_LIG No. . bn.'.�1� ..... Street ...d... .... `�: t,� ' 16� �. ? .. ... Pa Lot Lot .............. Block .................. kddition or Sub -Division �� . . i•'.' Corner Lot ........... Inside Lot ........... Setback ......... Sideyard ............................. DESCRIPTION OF BUILDING To e Us , , ....... .... Front .. Depth 4�.... .... Height ........ Sq. Ft. ..... Cu. Ft. ........ as....... y ......nt .. Depth Height ........ Sq. Ft. ......... Cu. Ft ........ Type of Construct io "'' Est Cost 1j 'I ......• • • • • • • • • To be Completed .................. In consideration of the issuance to me of a permit to construct the building described above, I agree to do the proposed work in accordance with the description above set forth and in compliance with all provisions of ordinances of the village of Fridley. . ... payment ,p y In consideration of the a ent of a fee of $:'� .. '�.� .. permit is hereby granted to �......... G ....................... to construct the building or addition as described above. This permit granted upon the express condition that the person to whom it is granted and his agents, employees and workmen, In all work done in, around and upon said building, or any part thereof, shall conform in all respects to the ordinances of Fridley, Minnesota regarding location, construction, alteration, maintenance, repair and moving of buildings with- in the village limits and this permit may be revoked at any tim on violation of any of the provisions of said ordinances. Aeor— �bg Inspecto NOTICE: This permit does not cover the construction, Installation or alteration for wiring, plumbing, gas heating, sewer or water. Be sure to see th"uilding Inspector for separate permits for " Items. City of Fridley Application for Plumbing and Gas Fitting Penh DESCRIPTION OF WORK Number, Kind and Location of Fixtures !of y. N in w Z • • WATER HTR. F N GAS ELEG 3 i7 5 � � �'n 3 o t� 3 � C�9 0 Base 1st 2nd 3rd _ 4th • Future Connection Openings Connected withI Sewer � New Fixture, Old Openings Cesspool PARTIAL RATE SCHEDULE PLUMBING FIXTURE RATES: NO. RATE TOTAL Number Fixtures x $1.50 Future Fixture Opening ................ x 1.20 New Fixture Old Opening .............. x 1.00 Catch Basin ............................ x 3.25 Water Heater (Up to 200,000 BTC) ...... x 2.00 New Ground Run Old Bldg. ............ —� x 3.25 GAS FITTING FEES: NO. RATE TOTAL 1st 3 Fixtures .......................... x $1.50 $ Additional Fixtures ..................... x .50 $ Gas Range to 200,000 BTU .............. x 2.00 $ REPAIRS & ALTERATIONS—Refer to Code Descriptionf.✓?�!�!�!'.... .7X Vf..T <!t q....$ TOTAL FEE $ Dept. of Bldgs. Phone SU 4-7470 City of Fridley: The undersigned hereby .makes application for a permit for the work herein specified, agreeing to do all work in strict accordance with the City Ordinances and ruling of the Department of Buildings, and hereby declares that all the facts and representations stated in this application are true and correct. Fridley, 1Vlinn �1960 ��jj /.a Owner /O4, • s ��' Kind of Building / - Used as To be completed about Estimated Cost, $ �7 Old—New. Building Permit No Permit No._�a�fT Signe_____�✓�-� a By . Business Phone No ROUGH FINAL 42 2M 7-59 City of Fridley Applicathm for Phmbbg and Gas Fktkg ftmh Dept. of Bldgs. Phone S®0-3430 DESCRIPTION OF WORK Number, Kind and Location of Fixtures = UP, `M41P a 15Fji EEEEME1 ■EENNE1 NEEM■■' ■ENMEE1 PARTIAL RATE SCHEDULE Sewer [:] PLUMBING FIXTURE RATES: NO. RATE TOTAL Number Fixtures ................ x $2.00 $ Future Fixture Opening ........... x $1.50 $-- _New New Fixture Old Opening .......... x $1.50 $ Catch Basin .................... x $3.25 $ Water Heater ;Up to 99,000 BTU) .... x $3.00 $ New Ground Run Old Bldg......... x $3.25 $ Electric Water Heater .............. x $2.00 = GAS FITTING FEES: NO. RATE TOTAL 1st 3 Fixtures ............... x $2.00 $ Additional F9xtures .................. x $ .75 $ Gas Range to 199.000 BTU.. . x $5.00 $ REPAIRS & ALTERATIONS—Rater to Code Description .................. TOTAL FEE $ City of Fridley: The undersigned hereby makes application for a permit for the work herei specified, agreeing to do $11 work in strict accordance with the City Ordinance and ruling of the Department of Buildings, and hereby declares that all the fact and representations stated in this application are true and correct _ Fridley, �r 196 Owner Kind of Building Used as To be completed about � 0 Z C) Estimated Cost, $ C� Old—New. Building Permit No. Permit No. v' Signed By Business Phone o a`" f — �S - ROUGH N° 5179 Original Permit for PL RING AND GAS FITT G N.B. When work covered by this permit is ready, the Plumbing Ordinance requires that request for Permit I Fee inspection shall be phoned in to the plumbing Inspector, 560-3450 giving number of this permit., DESCRIPTION OF WORK d O d Z Number, Sind and Location of Fixtures City of Fridley C;20,19�d Stories f m O Z x m Z m x m y Z Z O 3 O Z U Z Z m U J � WATER HTR. (()) LL O U QI C J f LL F m O K (3A8 a O O¢ F M 9 Connected with Gas Piping for Openings Permission is hereby granted to do the plumbing and gas fitting in the building described in the statenfent hereto attached, upon the express condition that the person to whom this permit is granted, and his agents, employees and workmen, in the plumbing or gas fitting of said building shall conform in all respects to ordinances of the City of Fridley, and this permit may be revoked at any time upon the violation of any of the provisions of said ordinances. By Order Of The Inspector Of Buildings Roughing in Inspection Date Inspector. Final Inspection Date Inspector. az 11M—"9 -V Location -�GCdJ Kind of Buildings . !1 A.AnV Used as To be Completed ,1920 Estimated Cost Old Nem. Building Permit No. Date Inspector of Buildings. d d O d Z 6 C 0 J Z d a K a O m k m y d 0. m Z d d � U U 7 m F m tll >•• F O LL (()) LL O U QI C J f LL 0 4 O K (3A8 ELEC . Basement tat 2nd WOO 3rd 4th Connected with Gas Piping for Openings Permission is hereby granted to do the plumbing and gas fitting in the building described in the statenfent hereto attached, upon the express condition that the person to whom this permit is granted, and his agents, employees and workmen, in the plumbing or gas fitting of said building shall conform in all respects to ordinances of the City of Fridley, and this permit may be revoked at any time upon the violation of any of the provisions of said ordinances. By Order Of The Inspector Of Buildings Roughing in Inspection Date Inspector. Final Inspection Date Inspector. az 11M—"9 -V Location -�GCdJ Kind of Buildings . !1 A.AnV Used as To be Completed ,1920 Estimated Cost Old Nem. Building Permit No. Date Inspector of Buildings. (jtu 6 J OT 07-5 U`22Y 6431 UNIVERSITY AVENUE N.E., PRIDLEY, MINNESOTA 55432 TELEPHONE ( 612)571.3450 OBSTRUCTION: Lot Block Addition 7' D�774Q K,44ftiw�sa Property Ouner-.address 17Z L 41, Ph jj,. RECORD OF CO`,'MJNJCATII�: 2. 3. 4. S. 6. 7. Ia'f R � s j i 7 (jtu 6 J OT 07-5 U`22Y 6431 UNIVERSITY AVENUE N.E., PRIDLEY, MINNESOTA 55432 TELEPHONE ( 612)571.3450 OBSTRUCTION: Lot Block Addition 7' D�774Q K,44ftiw�sa Property Ouner-.address 17Z L 41, Ph jj,. RECORD OF CO`,'MJNJCATII�: 2. 3. 4. S. 6. 7. SUBJECT P City of Fridley 2623 9\ AT THE TOP OF THE TWINS BUILDING PERMIT P i t COMMUNITY DEVELOPMENT DIV. ' r PROTECTIVE INSPECTION SEC. 1 i NUMBER REV DATE PAGE Of APPROVED BY = CITY HALL FRIDLEY 55432 612-571-3450 910-F15 6/15/98 JOB ADDRESS 172 Logan Parkway 1 LEGAL LOT NO. BLOCK TRACTOR ADDITION SEE ATTACHED DESCR. 20 1 Oak Creek Addition SHEET 2 PROPERTY OWNER MAIL ADDRESS ZIP PHONE William Stevenson 172 Logan Parkway NE 3 CONTRACTOR MAIL ADDRESS ZIP PHONE LICENSE NO. Meyers Construction Co 11430 Jon uil St NW Coon Rapids, MN 55434 422-8921 4 ARCHITECT OR DESIGNER MAIL ADDRESS ZIP PHONE LICENSE NO. 20093588 5 ENGINEER MAIL ADDRESS ZIP PHONE LICENSE NO. 8 USE OF BUILDING Residential 7 CLASS OF WORK ❑ NEW ❑ ADDITION ❑ ALTERATION? REPAIR ❑ MOVE ❑ REMOVE 8 DESCRIBE WORK Reroof House & Garage (24 Sq) Tear -off 9 CHANGE OF USE FROM TO STIPULATIONS Underlayment must comply with the State Building Code. TYPE OF CONST. OCCUPANCY GROUP OCCUPANCY LOAD SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL, PLUMBING, HEATING, VENTILATING OR AIR CONDITIONING. THIS PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION ZONING SQ. FT. CU. FT. AUTHORIZED IS NOT COMMENCED WITHIN 80 DAYS, OR IF CONSTRUCTION OR WORK IS SUSPENDED OR ABANDONED FOR A PERIOD OF 120 DAYS AT ANY TIME AFTER WORK IS COMMENCED. NO. DWLG. UNITS OFFSTREET PARKING I HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS APPLICATION 1 ISTALLS GARAGES AND KNOW THE SAME TO BE TRUE AND CORRECT. ALL PROVISIONS OF LAWS VALUATION SURTAX AND ORDINANCES GOVERNING THIS TYPE OF WORK WILL BE COMPLIED WITH WHETHER SPECIFIED HEREIN OR NOT. THE GRANTING OF A PERMIT $2,001 $1.00 DOES NOT PRESUME TO GIVE AUTHORITY TO VIOLATE OR CANCEL THE PERMIT FEE SAC CHARGE PROVISIONS OF ANY OTHER STATE OR LOCAL LAW REGULATING CON- Fire SC $2.00 STRU TIN OR THE PERFORMANCE OF CONSTRUCTION. $74.75 eft-bJ PLAN CHECK FEE TOTAL FEE X'P AAZ:�I, AaA j License SC $5.00 $82.75 SIGNATURE OF CONTRACT ROR AUTHORI fDAGENT IOATEI WHEN PROPERL ALIDATED THIS IS YOUR PERMIT o BLDC1fINSP m ATE S.GNATURE OF OWNER )IF OWNER BUILDER) MATE) NEW _--tNJ Effective 1/1/98 ADDN [ ] CITY OF FRIDLEY ALTER [ ] SINGLE FAMILY AND DUPLEXES R-1 AND R-2 BUILDING PERMIT APPLICATION ConstructionAddress: Z,0 9c- 0 P__Q Q k Uy �_ lz Legal Description: Owner Name & Address: I (L c, r_11 5 5y?,5=jY.5 Tel. # Contractor: ,in r— Y Ek S �\ ®f l� S ' r c) C� (o P � MN LICENSE #2-0099-988 Address: )L/ 0 �on Q to l S7` %Y U(1 C -a,) N RR Tel. # 9: Attach to this application, a Certificate of Survey of the lot, with the proposed construction drawn on it to scale. DESCRIPTION OF IMPROVEMENT LIVING A40 Length Width Height Sq. Ft. GARAGE AREA: Length Width Height Sq. Ft. DECK AREA: Length Width Hgt/Ground Sq. Ft. OTHER: C�/ Construction Type: / Pyr Estimated Cost: $ (Fee Schedule, on Back) Driveway Curb Cut Width Needed: Ft. + 6 Ft = Ft x $ _ $ DATE:Co —1�-,90 APPLICANT: Tel. # STIPULATIONS: CITY USE ONLY Permit Fee $ %S Fee Schedule on Reverse Side Fire Surcharge $ .001 of Permit Valuation (1/10th%) State Surcharge $ $.50/$1,000 Valuation SAC Charge $ $1000 per SAC Unit License Surcharge $• 00 $5.00 (State Licensed Residential Contractors) Driveway Escrow $ Alt. "A" or Alt. "B" Above Erosion Control $ $450.00 Conservation Plan Review Park Fee $ Fee Determined by Engineering Sewer Main Charge $ Agreement Necessary [ ] Not Necessary [ ] TOTAL STIPULATIONS: I11I111V11111MM11I111I111V#1 Record ID 2419527 2023341.008 STATE OF MINNESOTA ) APPEALS COMMISSION PROCEEDINGS VARIANCE COUNTY OF ANOKA ) CITY OF FRIDLEY ) In the Matter of: Owner: William B. Stevenson and Anne M. Stevenson The above entitled matter came before the Appeals Commission of the City of Fridley and was heard on the 6th day of July, 2011, on a petition for a variance pursuant to the City of Fridley's Zoning Ordinance, for the following described property: To reduce the side yard setback on a corner lot from 17.5 feet to 9.3 feet to recognize the existing non -conforming setback of the existing house, legally described as Lot 20, Block 1, Oak Creek Addition, subject to easement of record, generally located at 172 Logan Parkway NE. IT IS ORDERED that a variance be granted as upon the following conditions or reasons: Approved with 2 stipulations. See Action Taken Letter dated 7-12-11. STATE OF MINNESOTA COUNTY OF ANOKA CLERK CITY OF FRIDLEY OFFICE OF THE CITY 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. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at the City of Fridley, Minnesota, in the County of Anoka on the day of 12011. DRAFTED BY:����� City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 P Debra A. Skogen, City CIe#k = ®o , Variances are valid for a period of one year following approval and shall be considered void if not used within that period. O G7YOF FRIDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 (763) 571-3450 • FAX (763) 571-1287 • TTD/TTY (763) 572-3534 APPEALS COMMISSION ACTION TAKEN NOTICE July 12, 2011 William and Anne Stevenson 172 Logan Parkway NE Fridley MN 55432 Dear Mr. & Mrs. Stevenson: On Wednesday, July 6, 2011, the Fridley Appeals Commission officially approved the Variance, VAR #11-01, to reduce the side yard setback on a corner lot from 17.5 feet to 9.3 feet to recognize the existing non -conforming setback of the existing house, legally described as Lot 20, Block 1, Oak Creek Addition, subject to easement of record, generally located at 172 Logan Parkway NE. Approval of this variance is contingent upon the following stipulations: 1. The petitioner shall obtain all necessary building permits prior to construction of the addition. 2. The proposed addition shall be architecturally compatible with the existing house and finished with complementary siding and color scheme. You have one year from the date of the City Council 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 763-572-3595. SS/ib cc: Variance File Mary Fitz Stacy Stromberg ANOKA COt'NTY MINNESOTA DOCUment No.: 2023341.008 ABSTRACT . I hereby certify that the within instrument was riled in this office for record on: 07'19:'2011 1:08:00 PM Fees;Taxes In the Aniount of, $46.00 LARRY W, DALIEN Anoka County Property Tal _administrator/Recorder,Registrar of Titles JMH, Deputy Record ID: 2419527 G7YOF FRIDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 (763) 571-3450 • FAX (763) 571-1287 • TTD/TTY (763) 572-3534 APPEALS COMMISSION ACTION TAKEN NOTICE July 12, 2011 William and Anne Stevenson 172 Logan Parkway NE Fridley MN 55432 Dear Mr. & Mrs. Stevenson: On Wednesday, July 6, 2011, the Fridley Appeals Commission officially approved the Variance, VAR #11-01, to reduce the side yard setback on a corner lot from 17.5 feet to 9.3 feet to recognize the existing non -conforming setback of the existing house, legally described as Lot 20, Block 1, Oak Creek Addition, subject to easement of record, generally located at 172 Logan Parkway NE. Approval of this variance is contingent upon the following stipulations: 1. The petitioner shall obtain all necessary building permits prior to construction of the addition. 2. The proposed addition shall be architecturally compatible with the existing house and finished with complementary siding and color scheme. You have one year from the date of the City Council 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 763-572-3595. SS/ib cc: Variance File Mary Fitz Stacy Stromberg CITY OF FRIDLEY APPEALS COMMISSION MEETING JULY 6, 2011 CALL TO ORDER: Chairperson Sielaff called the Appeals Commission meeting to order at 7:00 p.m. ROLL CALL: MEMBERS PRESENT: Del Jenkins Blaine Jones Brad Sielaff Matthew Brown Christopher Anderson OTHERS PRESENT: Scott Hickok, Community Development Director William and Anne Stevenson APPROVAL OF MINUTES: November 3, 2010 MOTION by Commissioner Jenkins, seconded by Commissioner Jones, to approve the minutes. UPON A UNANIMOUS VOICE VOTE, CHAIRPERSON SIELAFF DECLARED THE MOTION CARRIED. PUBLIC HEARING: 1. Consideration of a Variance, VAR #11-01, by William and Anne Stevenson to reduce the side yard setback on a corner lot from 17.5 feet to 9.3 feet to recognize the existing non -conforming setback of the existing house, generally located at 172 Logan Parkway. MOTION by Commissioner Jenkins to open the public hearing. Seconded by Commissioner Anderson. UPON A UNANIMOUS VOICE VOTE, CHAIRPERSON SIELAFF DECLARED THE MOTION CARRIED AND THE HEARING WAS OPENED AT 7:13 P.M. Scott Hickok, Community Development Director, stated the petitioners would like to build a 15 by 20 foot addition at the southeast corner of their home. The property is zoned R-1, single- family residential. The setbacks for that district are: front, 25 feet; side, 10 feet for the living area and 5 feet for the attached garage and, if you are on a corner lot, the front yard would be 25 feet and 17.5 on the secondary street. The rear yard would be one-quarter of the lot depth less than 25 feet or not greater than 40 feet. Mr. Hickok stated the Stevenson home meets all of the required setbacks but for the setback on the west side yard. This setback should be 17.5 feet and is 9.4 inches. The property was platted as Lot 20, Oak Creek Addition and was adopted in 1950. Interior lots at that time were to be a minimum of 75—feet wide and comer lots were to be 80 feet wide. In 1952 a portion of Lot 19, just to the west of the subject parcel was deeded to allow a roadway be installed. The Stevensons' lot was not intended to be a comer lot but now would be with the road extension over Lot 19. Mr. Hickok stated the Stevenson home was built in 1955. The record is not clear as to what the City's discussion was but the action of allowing the home to be placed where it was tells current staff they must have chose not to hold the home builders to the 17.5 foot standard. The City action was likely the result of the lot being platted as an interior lot and then becoming a corner lot. Mr. Hickok stated it is unclear how the setback actually became 9.4 rather than 10 feet. Current staff speculates the footings of the foundation were set back an ample distance from the southwest corner to the west property line. The masonry contractor then improperly calculated how close a true 90 -degree angle would come at the north comer over a distance of 30 feet since the west lot line angles east as it heads north. Mr. Hickok stated one of the reasons they have not been able to get together for a while as a Commission is State Legislature was reviewing some fairly significant legislation relative to variances. What came of that is the following: the City is able to grant variances again and there is clear direction as to what cities should expect when considering variances. The final outcome of the legislative act included the following two key things: (1) It made the County and City variance standards language match. In other words, at one time the City language said you were to look for an undue hardship; a physical characteristic of the land that creates an undue hardship and causes them not to be able to meet the standards. It is imposed. The County language said, what would be the practical difficulties? You would look for the practical difficulties of meeting this standard which the County would impose. What this legislative act did is make these two sets of language match. The Legislature chose the County definition, and the words "practical difficulties" over undue hardship. Both the City and the County language is the same. Instead of looking for the undue hardship, now they are focusing on the words, "practical difficulties." What were those practical difficulties of meeting those setback standards in this case be? (2) The second thing this legislative act did is reemphasize the importance of solid findings of fact that are documented. 2 Mr. Hickok stated tonight he is going to take the Commission through kind of a question and answer process. He asked them to complete thoughts on this, decide one way or the other. That would be helpful and create the record that is necessary and would match what the Legislature hoped of this City and of this appeals action. Mr. Hickok stated the findings of fact should answer these questions: • Is the variance in harmony with the purposes and intent of the ordinance? • Is the variance consistent with the Comprehensive Plans? • Does the proposal put the property to use in a reasonable manner? • Are there unique circumstances to the property, not created by the landowner? • Will the variance, if granted, alter the essential character of the locality? Mr. Hickok stated some of those practical difficulties as defined by the owner would be the surveyors indicated that when this property was platted in 1950, there was no thru street where Riverview Terrace now exists. It was most likely not considered a corner. Mr. Hickok stated staffs recommendation based on their analysis and all things considered, including the legislative act of this summer, would show approval of a variance for the following reasons: practical difficulties do exist. Riverview Terrace was extended after the subject property was developed was probably a key to all of this. The approval would recognize the non -conformity that is created. Mr. Hickok stated staff recommends that if the variance is granted the following stipulations be applied: 1. The petitioner shall obtain all necessary building permits prior to construction of the addition. 2. The proposed addition shall be architecturally compatible with the existing house and finished with complementary siding and color scheme. William Stevenson, Petitioner, stated they are in the situation where their property is non- conforming and they cannot make any improvements. He might have a couple of questions regarding the process of a contractor gets the building permits as mentioned in the stipulations. Also, regarding matching the siding with the house, he is planning on putting all new siding and windows on the house as well. Chairperson Sielaff asked Mr. Stevenson whether he understands the stipulations? Mr. Stevenson replied, they actually have cedar siding on their house that has been painted over and he would like some new vinyl siding and windows. Commissioner Jones stated they are not saying that he has to do it a certain way but, at the end, the house and addition have to appear one in the same from their view. MOTION by Commissioner Jones to close the public hearing. Seconded by Commissioner Jenkins. 3 UPON A UNANIMOUS VOICE VOTE, CHAIRPERSON SIELAFF DECLARED THE MOTION CARRIED AND THE HEARING CLOSED AT 7:17 P.M. Chairperson Sielaff stated he does not see any problem with this. Commissioner Jones stated he has no problems at all with granting the variance. It is more they make sure and dot the is and cross the t's. Commissioner Jenkins stated he has no problems with the variance. Commissioner Anderson stated he has no problems. Mr. Hickok asked the Commission whether the variance is in harmony with the purpose and intent of the ordinance? Chairperson Sielaff replied, yes, what it is doing is taking what the State is doing. It is State law incorporated into it, and this meets that. Commissioner Jenkins replied, he agrees. Commissioner Jones replied, he also agrees. Chairperson Sielaff replied, yes, they all agree. Mr. Hickok asked the Commission whether the variance is consistent with the Comprehensive Plan as they see it? Chairperson Sielaff replied, yes. Commissioner Jenkins replied, yes. Commissioner Anderson replied, yes. Commissioner Jones replied, he did not think they are making any changes. This area will still be single-family residential. Mr. Hickok stated that is exactly right and, although it is close to the river, it is not impacting the shoreline ordinance at all. Chairperson Sielaff stated it complies with how it is zoned. Mr. Hickok asked, does the proposal put the property to use in a reasonable manner? Chairperson Sielaff replied, yes, it would. 4 Mr. Hickok asked, are there unique circumstances to the property, not created by the landowner? Commissioner Jones replied, the road really going through created part of it but then also the fact that when it was originally built, it looks to him if the guy would have just shifted that one corner over 6 or 8 inches he would have been just fine, but he thought the lot line was straighter and that was done in 1955. Chairperson Sielaff stated and that was not the current landowner. Commissioner Jones asked the petitioners when did they buy the house? Mr. Stevenson replied, 1991. Mr. Hickok asked will the variance, if granted, alter the essential character of the locality? Chairperson Sielaff replied, no, he did not see anything. Commissioner Jones replied, no. Commissioner Brown replied, no. Commissioner Jenkins replied, no. Commissioner Anderson replied, no. MOTION by Commissioner Jones approving Variance, VAR #11-01, by William and Anne Stevenson to reduce the side yard setback on a corner lot from 17.5 feet to 9.3 feet to recognize the existing non -conforming setback of the existing house, generally located at 172 Logan Parkway with the following stipulations: 1. The petitioner shall obtain all necessary building permits prior to construction of the addition. 2. The proposed addition shall be architecturally compatible with the existing house and finished with complementary siding and color scheme. Seconded by Commissioner Brown. UPON A UNANIMOUS VOICE VOTE, CHAIRPERSON SIELAFF DECLARED THE MOTION CARRIED. 2. UPDATE ON PLANNING COMMISSION & CITY COUNCIL ACTIONS: Mr. Hickok stated Council has most recently reviewed an ordinance proposed by Parks and Recreation Department relative to tree preservation on public -owned property. 5 Mr. Hickok stated the senior center that was being built on Old Central has been given a Certificate of Occupancy. There was the other project approved for the Old Sandee's site. They are hearing now more than they have for a long time, engineers and architects and folks there preparing to submit for a permit on that project. Mr. Hickok stated the HRA has continued to purchase homes. There are a couple of homes they have purchased. They have the scattered site housing program wherein some cases they purchase properties that are able to be fixed up but oftentimes they are purchasing properties that the market would not want, are beyond repair. Chairperson Sielaff asked, are those foreclosed properties? Mr. Hickok replied, foreclosed properties, vacant properties, that are now bank held. Mr. Bolin and the HRA have a couple more homes ready to be demolished which opens up opportunities for new homes, new investments in neighborhoods to happen. The Gateway Northeast properties are now cleared and seeded. This year the HRA will be spending time and money marketing the site for future development. , Mr. Hickok stated the CITGO station is another thing a lot of people ask about. You have all of the block to the south demolished, and it looks pretty nice and the CITGO is left there. A lot of questions are being asked about it. The way the HRA is accustomed to purchasing properties and did the entire three blocks of Gateway Northeast is, they would get an appraisal and they would offer if they were still interested in buying once the values were known. First, those properties owners had to indicate an interest in selling and a willingness to allow an appraisal to be done and, once the appraisal would come back, the HRA would offer the appraised price. If they were interested, that is what it would sell for. If not interested, there would be no obligation; the HRA would move on. Mr. Hickok stated the CITGO station was appraised at a time were gas stations were still going too high, and the appraised price was far higher than the real value of that property. To be fair to that owner and fair to the City's process, they were not going to offer them something other than the appraised price and therefore the HRA passed on buying it. They have had some subsequent discussions with the owner just to see whether they are going to get the tanks out of the ground required by the law, going to keep up on the maintenance, etc. The owner has indicated an interest in possibly some sort of a future sale of the property. Commissioner Jones asked whether there has been any movement on the Cub site? Mr. Hickok stated, yes, they have signed their Letter of Intent with Cub and have decided on the footprint they want to go with. They intend by the end of August to have a signed lease with Cub and intend to have a final version of the lease to City staff for the liquor store. They would start on the inside of Cub Foods first and would likely start in January. The one thing different with the new plan is Cub will be able to stay where it is at and stay open during reconstruction. Commissioner Jones asked Mr. Hickok regarding the new rule used tonight on the variance request, does it apply to industrial, commercial, as well as residential variance requests? G Mr. Hickok replied, yes, it does. 3. OTHER BUSINESS: ADJOURNMENT: MOTION by Commissioner Jones seconded by Commissioner Anderson, to adjourn the meeting. UPON A UNANIMOUS VOICE VOTE, CHAIRPERSON SIELAFF DECLARED THE MEETING ADJOURNED AT 7:32 P.M. Respectfully submitted by, f'%7• c�Q c-�o2 Denise M. Johnson U" Recording Secretary 7 City of Fridley Land Use Application VAR #11-01 July 6, 2011 GENERAL INFORMATION SPECIAL INFORMATION Applicant: William and Anne Stevenson 172 Logan Parkway NE Fridley MN 55432 Requested Action: Variance to reduce the side yard setback Existing Zoning: R-1 (Single Family Residential) Location: 172 Logan Parkway Size: 14,810 sq. ft. .34 acres Existing Land Use: Single Family Home Surrounding Land Use & Zoning: N: City Park & P E: Single Family & R-1 S: Single Family & R-1 W: Riverview Terrace & ROW Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Section 205.07.3.1)(2)(c)((1)) requires a side yard setback of seventeen and one-half (17 1/2 ) feet for corner lots. Zoning History: 1950 — Lot is platted. 1955 — House and garage are constructed. Legal Description of Property: Lot 20, Block 1, Oak Creek Addition Public Utilities: Home is connected. Transportation: Logan Parkway provides access to the property. Physical Characteristics: Typical suburban lot and landscaping. SUMMARY OF PROJECT Mr. and Mrs. Stevenson are seeking a variance to reduce the side yard setback on a corner lot from 17.5 feet to 9.3 feet to recognize the existing non- conforming setback of the existing house. The petitioner's home is located at 172 Logan Parkway. SUMMARY OF PRACTICAL DIFFICULITIES "The surveyors indicated that when this property was platted in 1950 there was no through street where Riverview Terrace now exists, so it was most likely not considered a corner lot." - Will and Anne Stevenson SUMMARY OF ANALYSIS City Staff recommends approval of this variance request. ■ Practical difficulties exist — Riverview Terrace was extended after subject property was developed. ■ Request will recognize an existing non- conformity. CITY COUNCIL ACTION/ 60 DAY DATE City Council —July 25, 2011 Aerial of Property Staff Report Prepared by: Stacy Stromberg VAR #11-01 REQUEST The petitioners, Mr. and Mrs. Stevenson are seeking a variance to reduce the side yard setback on a corner lot from 17.5 feet to 9.3 feet to recognize the existing non -conforming setback of the existing house. The petitioner's home is located at 172 Logan Parkway. The recognition of this non -conforming setback will - allow the petitioner to construct a living space addition on the back of their existing house. Recognition of this non -conforming setback is required before a building permit can be issued for the proposed addition. v M, RECENT CHANGE IN VARIANCE LEGISLATION 1" ' — t- --bit i f L -Irl'" „W As you may already be aware of, there has been a recent change in variance legislation. Provided in your packet is a memo from Scott Hickok, Community Development Director to William Burns, City Manager and the Community Development Staff regarding this change. Please review the memo to understand how the change will affect how variances can be granted. As he articulates in the memo, the essence of the change is to match the way Cities grant variances to the way Counties grant variances. The new legislation for Cities will rely on variances to be granted by showing "practical difficulties" rather than "undue hardship". In addition, Scott points out that the City's policy of reviewing "similar type variances" and not making a recommendation to the Appeals Commission and Council if a "similar" variance has been granted is a practice the City should end. Though it is a good idea to create some consistency, each variance should really be granted based on its own unique circumstances. As a result from now on, staff will not have a "no recommendation" but will either make a recommendation for approval or denial of a variance. ANALYSIS The property is zoned R-1 Single ;. Family as are all surrounding v 'Ot" properties. The subject °4' property is located on the aty corner of Riverview Terrace and ` Logan Parkway. The subject property was platted as Lot 20,ROAD -- -= Oak Creek Addition in 1950. When Oak Creek Addition was platted the subject property wasn't a corner lot, as Lot 19 existing to the west, see copy of plat map to the right. In 1952, part of Lot 19 was deeded to the City for roadway purposes. According to building permit records, the existing house and garage were constructed in 1955. Though the proposed roadway was deeded to the City in 1952, it wasn't constructed until 1961. As a result, it can be assumed that when the house was constructed in 1955, it was built to single family interior lot standards. As a result, it is currently deficient is meeting the side yard setback requirement for a corner lot. City code requires a 17.5 ft. side yard setback on corner lots in the R-1, Single Family zoning district. The petitioner is seeking to reduce the side yard setback requirement from 17.5 ft. to 9.3 ft. to recognize the existing non -conforming setback of the existing house. The petitioner would like to construct a 15 ft. by 20 ft. addition off the back of the existing home. This addition will be used as additional living space and will comply with all setback requirements. City staff has received no comments from neighboring property owners. PRACTICIAL DIFFICULITES To help guide and eliminate the potential for subjectivity, the League of Minnesota Cities has published a summary document which points to a structure for finding of fact that cities will be required to adopt with each application. Those facts and how they apply to this property are below: • Is the variance in harmony with the purpose and intent of the ordinance? o At the time the house was constructed, it met the intent of the ordinance as it was considered an interior lot. As a result of Lot 19 being deeded to the City for roadway purposes, it left the subject property's side yard setback non -conforming. Is the variance consistent with the Comprehensive Plan? o The Comprehensive Plan guides this property as residential, which is how the property is being used; as a result it is consistent with the Plan. Does the proposal put the property to use in a reasonable manner? o The existing use of the property and the proposed addition is considered a reasonable use. The proposed addition will meet all necessary setback requirements and will not increase the existing non -conforming setback. Are there unique circumstances to the property, not created by the landowner? o Unique circumstances do exist on this property as a result of it being developed prior to Riverview Terrace being constructed to extend to Logan Parkway, therefore, making the side yard setback non -conforming. Will the variance, if granted, alter the essential character of the locality? o The non -conforming setback will not be expanded, so the essential character will not be altered. SUMMARY OF PRACTICAL DIFFICULITIES AS DEFINED BY THE PETITIONER "The surveyors indicated that when this property was platted in 1950 there was no through street where Riverview Terrace now exists, so it was most likely not considered a corner lot." - Will and Anne Stevenson RECOMMENDATIONS City Staff recommends approval of this variance request. ■ Practical difficulties exist — Riverview Terrace was extended after subject property was developed. ■ Request will recognize an existing non -conformity. STIPULATIONS Staff recommends that if the variance is granted, the following stipulations be attached. 1. The petitioner shall obtain all necessary building permits prior to construction of the addition. 2. The proposed addition shall be architecturally compatible with the existing house and finished with complementary siding and color scheme. DATE: May 17, 2010 TO: William W. Burns, City Manager Community Development Staff FROM: Scott J. Hickok, Community Development Director SUBJECT: Variance Legislation INTRODUCTION On May 5, 2011, Governor Dayton signed a bill to "fix" the variance language in State Statutes and to make consistent the language between the State's enabling legislation for municipalities in SS 462 and the language found under SS 394.27, which only applied to variances reviewed under County authority, prior to this modification. The essence of the change is that both versions the City and the County language match and they rely on the term "practical difficulties", rather than undue hardship. City and County language consistency is a good thing though this memo will point out the need for caution in certain areas of our process. In this memorandum we will take a look at what we have done historically relative to variances and as a result, how this new legislation will apply. FRIDLEY VARIANCE PRACTICES Historically, the City of Fridley has correctly evaluated those things necessary in the consideration of whether or not to grant a variance. These things included hardship, uniqueness, alternatives, physical characteristics of land, and whether or not the hardship was self-imposed by the property owner. The City has also, however, had a practice of placing weight on what the city has, "done in the past in similar variances instances". From an equal protection perspective, Fritz points out that it is a good idea to be consistent and to look at what you have done. The difference is in being, very specific in the record of how a situation is unique. This is where the City needs to use caution because traditionally, if the request was within previously granted parameters, staff was not to make a recommendation to the Appeals Commission or Council. In the past for example, it would be up to the Appeals Commission in Residential Single Family, R-1 instances and if there was a recommendation of approval, the variance process could end there. No Council approval would be required in that instance. All other decisions were made at the Council level, but with the recommendation of the Appeals Commission and if within previously granted parameters, Council has had a history of following suit and approving that latest variance before them as well. Though well intentioned, now is the time to end that variance practice. Variances, by description are only to be considered for unique characteristics of land and if we are saying it is like a previously granted variance situation, neither case apparently was unique. Only those variances that follow the strictest regiment of individual review and a complete finding of fact, as suggested by the new legislation, will be fully defensible. RECENT LEGISLATIVE ACTION The action by the Legislature that was signed into law by the Governor was a response to the Supreme Court's decision in the Krummenacher v. City of Minnetonka case. In Krummenacher the supreme court narrowly defined the term reasonable use in the portion of the undue hardship test and would require that if a property can be put to a reasonable use; a variance cannot be granted. For example: If a home has a garage, but the owner wants a larger garage, a larger garage that would require a variance, that variance request must be denied, because a house and garage (though smaller than the owner wants) was possible without a variance. Frankly, that interpretation would be very straight- forward to enforce and of course defensible as it represented the will of the Supreme Court in the Krummenacher decision. The State Legislature became inundated with requests for a law amending the variance enabling legislation so that it could be relieved of the strict burden of the Supreme Court interpretation and ruling. Voices from several origins including: the League of Minnesota Cities, many independent representatives from cities, and a Minnesota auto dealers contingency weighed in on the matter. The outcome of much legislative debate is this: Previous State -granted County language, which only required a variance petition to demonstrate practical difficulties in complying with a given law was chosen as the standard for approval, as opposed to the undue hardship standard of the language in the previous City enabling legislation. While it is good that the County and City language now match, the subjectivity of interpreting what is a practical difficulty, believe the term could may lead to wide-ranging and possibly less uniform and possibly less defensible variance decisions in the future. Fritz stated, ironically, looking at the language the League sent out as its general parameters persuade me that the new legislation will actually have the effect of lowering the City's earlier variance standards. I am not persuaded that this is good and I agree with your assessment that it may mean for more ambiguity in the future and the prospect of more challenges to judgment calls being made by the Council on these matters in the future. To help guide and eliminate the potential for subjectivity, the League of Minnesota Cities has published a summary document. In the document the League points to a structure for the findings of fact cities will be required to adopt with each application: o Is the variance in harmony with the purposes and intent of the ordinance? o Is the variance consistent with the Comprehensive Plan? o Does the proposal put the property to use in a reasonable manner? o Are there unique circumstances to the property, not created by the landowner? o Will the variance, if granted, alter the essential character of the locality? CONCLUSION In conclusion, the City of Fridley has historically been careful in its approach of reviewing variance requests and the latest legislation governing variances will not have an enormous impact, as long as we document our findings. In fact, the City will be just fine as long as it uses the bullet list above to create an appropriate finding of fact. The City should however, discontinue its practice of evaluating the new variance based on previously granted variances. This will help keep the process more pure and their focus on the unique characteristics of the variance application at hand. Unless otherwise directed, staff will proceed with the above recommended process of making a recommendation on every variance, regardless of past variance history on other properties. Staff then will depend on the Commission and Council to determine whether to grant the variance on the recommended finding of facts for the site at hand only, without reference to other sites and history, except for considering equal protection as Fritz cautions. Of course, the Commission and Council will be free to modify the recommended finding of fact offered by staff as they see appropriate. 7 Stevenson Resided S ƒ � k — o)e / a . 0— ' f7 Logan Pkwy. � � k j C �C `i - ! LL Fride,MNa 32 E§ q m o� _ q_ cn 2 CO �0 | LL Q |l, 4 JW, Anne and William Stevenson 172 Logan Parkway Fridley, MN 55432 763-571-3589 Weds. May 18, 2011 To: Community Development Department City of Fridley We would like to build an addition to our house, a rambler built in 1955. Presently a room measuring 9.5 x 20 feet exists behind the garage (to the south). The proposed addition would measure approximately 15 x 20 feet and would be directly south of this room. It would be one story, peaked roof, typical exterior to include shingled roof and most likely vinyl siding. It would be designed as a family room, likely to include a patio door facing west. It would be used as a bedroom the first couple of years because of the demand for bedrooms in our family. Oldest son is finishing sophomore year at Fridley High and is planning on attending college. Our daughter is in 7th and needs her own room; our two youngest sons are in 5th and 1 st grades. We had a survey done in April of this year to establish property lines. As suspected by your staff members, the survey proved it to be a nonconforming property with less than a 17.5 foot setback needed for a corner lot. With advice from Scott Hickok we have waited to apply for a variance until the new law was signed by Gov. Dayton that will allow cities discretion in granting variances once again. The surveyors indicated that when this property was plotted in 1955 there was no through street where Riverview Terrace now exists, so it was most likely not considered a corner lot. We understand the City must depend on legal descriptions of property lines but the closest point of our house to the actual roadway of Riverview Terrace is 29 feet (as measured by my tape measure). Also, the proposed addition is on the other side of the house where conforming setbacks do exist. These are our reasons for asking you to consider granting us a variance. Thank you for your time and consideration, 9#ea loll Anne and ill S evenson Community Development Department City of Fridley 6431 University Avenue NE Fridley MN 55432 763.572.3592 Fax: 763.571.1287 www.ci.fridley.mmus VARIANCE APPLICATION FOR: Residential Commercial/Industrial/Multi-Family Signs Property Information Address: 172 � oQa ri Pork WK Anoka County Property Identification Number PIN #): -Jo- I/ Legal Description: L®f 20 8k 1 Oak Creek Ari Current Zoning: re5jenf:a j Square footage of Parcel: /SUUO Reason for Variance (one sentence summary, please attached full Fee/Property Owner Information (as it appears on property title) **Fee owner must sign _04j. hi form prior to processing c Name (please print): 4j 6 . aar/ f J �evem S4 N Mailing address: 172 lqqao Parkwape City: fridlev S ate: 1?A1 Zip code: .554 3 2 - Daytime Phone: 7623-571- 35i?9 Fax Number: Cell Phone: 763'567-.qq:g7 E-mail address: 0QAJuJh0U54:' 1al aev,a;l. Com A Signature/Date: r4 Petitioner Information Company Name (please print): Contact Person's Name (please print): 6 Mailing addre u�r City: —rrle7le State: Daytime Phone: 7/' .35$9 Fax Number: Cell Phone: E-mail address: G oind Signature/Date: FOR OFFICE USE ONLY Zip code: 55-Y72 -Y72 Fees $500 – R-1, Single Family Residential X_ $1,400 – Commercial/Industrial/Multi-Family Residential/Signs Application Number: 11-0i Receipt #: Received By: Application Date: -4'11 15 Day Application Complete Notification Date: 4 Scheduled Appeals Commission Date:17_ Scheduled City Council Date: 60 Day Date: t) –1 E 60 Day Extension Date: 5-18-1/ 'A_// CITY OF FRIDLEY PUBLIC HEARING NOTICE BEFORE THE APPEALS COMMISSION TO: All property owners/residents within 350 feet of property generally located at 172 Logan Parkway. CASE NUMBER: VAR #11-01 APPLICANT. William and Anne Stevenson Petitioner or representative must attend the Appeals Commission meeting. PURPOSE: Petitioner is requesting a variance to reduce the side yard setback on a corner lot from 17.5 feet to 9.3 feet to recognize the existing non -conforming setback of the existing house. LOCATION OF 172 Logan Parkway PROPERTY AND LEGAL Lot 20, Block 1, Oak Creek Addition, subject to easement of DESCRIPTION: record. DATE AND TIME OF Appeals Commission Meeting: HEARING: Wednesday, July 6, 2011, at 7:00 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 HEARING: 6431 University Avenue N.E., Fridley, MN HOW TO 1. You may attend hearings and testify. PARTICIPATE: 2. You may send a letter before the hearing to Stacy Stromberg, 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 ACCOMODATIONS: Interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no later than June 29, 2011. The TDD # is 763-572-3534. ANY QUESTIONS: Contact Stacy Stromberg, Planner, at 763-572-3595. *PROPOSED CITY The proposed City Council meeting date for this item will be on COUNCIL MEETING Monday, July 25, 2011. *This date is subject to change depending on the outcome of the Appeals Commission meeting. Please confirm City Council date prior to attending City Council meeting. (Please note residential variances, if approved by Appeals Commission do not go on to City Council only if they are denied. Commercial variances do go on to City Council weather they are approved or denied by the Appeals Commission. Mailed — June 24, 2011 I CITYOF Community Development Department FRIDLEY public Hearing Notice 170 a 60 2 � 1 7365 fl :�rs 7356 ..,. i % 139 115 7355 4, 4x"vx t r 150 �- 159 189 r' E E D 7335' 211 0Co a w mss. 100 7321 145 219 147 7315 129 123 7300 309 r� 115 7271 V 79 59 39 29 323 101 7255} 200 LOGAN PKWY 7235 o 7190 oo $ 6040 7231 N4;.• 7180 7179 22 7221 117 111 707 81 7217, 7170 7175 125 ' 61 7210 7215 R 7169 110 p 7201 7162 ` ???? 133 �0 80 tO 7180 7191 N "` 7161 132 115 7181 7158IX C N 105 103 7165 7157 o MEYERS AVE 7154 '151 700 : 7153 ,>� 0 7155 00 7144 7145�7 7135 7138 7131 os O D D R 7129 7132 7104 '` `ti `�° 7136 7125 N 20 7121 W r� ^ ^ ;� 7119 7130 7102 i _ 7115 7105 7100 `.-° Ao 7109 7120 7107 SOURCES Fridley Engineering N Fridley GIS Variance Request, VAR #11-01 Anoka County GIS Petitioner: William and Anne Stevenson W E Address: 172 Logan Parkway Map Date: June 21, 2011 S KINDOM THOMAS YOCUM DOUGLAS BEAULIEU CAROL K 125 ALDEN CIR NE 144 LOGAN PKWY NE 111 ALDEN CIR NE FRIDLEY, MN 55432-0000 FRIDLEY, MN 55432-0000 FRIDLEY, MN 55432-0000 BERG JOHN NELSEN WILLIAM A & MARIE J HOVEY DELAINE A & ELSA J 7170 RIVERVIEW TERR 323 LOGAN PKY NE 158 LOGAN PKY NE FRIDLEY, MN 55432-0000 FRIDLEY, MN 55432-0000 FRIDLEY, MN 55432-0000 JOHNSON ROBERT L & KAREN WOLD MICHELLE A NAGEL RODERICK A & DAISY L 130 LOGAN PKY NE 133 ALDEN CIR 7175 RIVERVIEW TERR NE FRIDLEY, MN 55432-0000 FRIDLEY, MN 55432-0000 FRIDLEY, MN 55432-0000 NAGEL RODERICK A & DAISY L HANSON WAYNE R & SANDRA K NELSEN MARC & SANDRA M 7175 RIVERVIEW TER NE 7162 RIVERVIEW TER NE 235 LOGAN PKY NE FRIDLEY, MN 55432-0000 FRIDLEY, MN 55432-0000 FRIDLEY, MN 55432-0000 COLBY SUSAN M OPARE-ADDO SAMUEL & KRISTIE HANLEY SUZANNE 148 71 112 WAY NE 116 LOGAN PKY NE 211 LOGAN PKWY NE FRIDLEY, MN 55432-0000 FRIDLEY, MN 55432-0000 FRIDLEY, MN 55432-0000 STEVENSON WILLIAM B & ANNE M FERBER RICHARD H & MARGARET C DEAN STACY 172 LOGAN PKY NE 7180 RIVERVIEW TER NE 7169 RIVERVIEW TER NE FRIDLEY, MN 55432-0000 FRIDLEY, MN 55432-0000 FRIDLEY, MN 55432-0000 GUNIA MONTE L & JAKUBIK K L PIPES TRUSTEE MARY & PIPES TRUSTEE RONALD NELSEN LEIF 117 ALDEN CIR NE 7179 RIVERVIEW TER NE 7190 RIVERVIEW TER NE FRIDLEY, MN 55432-0000 FRIDLEY, MN 55432-0000 FRIDLEY, MN 55432-0000 BOLF GEORGE A & LINDA B SHAW AGNES M 154 71 112 WAY NE 309 LOGAN PKY NE FRIDLEY, MN 55432-0000 FRIDLEY, MN 55432-0000 KEENAN PATRICK A HAWKINSON THOMAS A & HAEMIG L 200 LOGAN PKY NE 7161 RIVERVIEW TER NE FRIDLEY, MN 55432-0000 FRIDLEY, MN 55432-0000 FRIDLEY CITY OF ANDERSON KERRY 6431 UNIVERSITY AVE NE 219 LOGAN PKY NE FRIDLEY, MN 55432-0000 FRIDLEY, MN 55432-0000 UIYOF FRIDLEY FRIDLEY MUNICIPAL CENTER - 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 (763) 571-3450 - FAX (763) 571-1287 - TTD/TTY (763) 572-3534 June 13, 2011 William and Anne Stevenson 172 Logan Parkway Fridley MN 55432 Dear Mr. and Mrs. Stevenson: Per Minnesota Statute 15.99, local government units are required to notify land use applicants within 15 working days if their land use applications are complete. We officially received your application for a variance on June 3, 2011. 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 July 6, 2011 at 7:00 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 July 25, 2011 at 7:30 in the City Council Chambers. Please plan to be in attendance at both of the above referenced meetings. If you have any questions regarding this letter or the process, please feel free to contact me at 763-572-3595. N , b Planner CERT I F. I CATE OF SURVEY o (MEASUREMENTS SHOWN IN FEET AND DECIMALS OF A FOOT) FOR vi KURTH SURVEYING, INC. SCALE IN FEET I HEREBY CERTIFY THAT THIS SURVEY. PLAN OR REPORT 4002 JEFFERSON ST. N.E. WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION COLUMBIA HEIGHTS, MN 55421 AND THAT I AM A DULY LICENSED 4AND SURVEYOR UNDER PHONE (763) 788-9769 FAX (763) 788-7602 DATE THE -WS OFnTHE S,TATEiQfrMINNE?%OTA. E-MAIL: KURTHSURVEY®AOL.COM o = IRON MONUMENT 5t; Randy L. Kurth, C.L.S. No. 20270 Russell J. Kurth, L.L.S. No. 16113 A t _75 uz,�5 Ik• r 13.? LCGALor-1 L-&,\ 20, '6-oLK- 1, 0 9!k k C7 _ C cmT i Ito C�) r N • - I� Fou No C'p)-9 A`r %\s`tgl'Nc (M) 7- MCP6 VA1 i? k -w 1-< 006"V-1") a`CHA�1N L1�IY..FLA{� C(c R M- u 11 A._ 4 0 6 +[215] PIN NUMBER IS ASSIGNED TO A 10' CITY STORM SEWER EASEMENT 51 0 .IDDEN a [57 '31 E 9 S 1/2 SECTION 10, T. 30, R 24 CITY OF FRIDLEY 8 42 , 41 P a oaavaa e r w ii sec ro atm W a pDr.. # cam Z 4m am D d I Its t. 'V �a $ RU)GAN PARKWAY fv m� — an m Ca aae a. • R� �II R x w tutu Det it'a- ti m i i 3 1 n] bi m �5l�1S4 _ atm DI Roo Ft a t l s Im atW t •a B ' e MEYERS Aw- 5r�rya t JD.IL aHOR `m m [m •tDe � z III itml �4[m + �„ a e 4 rot ro n ra rs I 'KJ /- B z I I Q I 4 a ww yb- 9[m .A �, Trg. / , .« a [m �D •Mlb l taus aR ) IW -[>AR« IaR W7 N ro J / ai a ♦ a B lJ_ IBM m to ODORS �{ FSC/ - 3iGot1G ID'nkt� �t �� s.V]$r1D �//��� ✓� % 4 A 0 m s. aml I rwmcre 17/ aam t91 to POEM R"$ y Ia«7R - a as y a7 WAY N.E. 1 p ra[«I I I P rratm I Qi rs 9 1 e - iat1� > n>ro De E De I J F Y � d a tmia RY I to I a n m� Y %J j"41 JI _ —i►9yn reJlrel POI III I YCspli as -AAM J�VV I 1 De - r«�i sac ro $ 43 L` RE 44 I QUARTERQUARTERRNDEX N ANOKA COUNTY 22 121 i PROPERTY IDENTIFICATION NUMBER THUS R A COMPILATION OF RECORDS AS GRAPHIC SCALE SURVEYOR'S OMCEHALF -+- -+- i".w6Yp Rmge ORm*u Spoel& .it1eY APPEARINTItEANOttA OODN'n' ROOM 22423 134 I3 I N Nv bm N�ba N� � P"d OFF[CFS AFFECnNG THE AREA SHOWN. RQ^ Q '� THIS DRAWING IS TO BE USED ONLY FOR ® 21003RD AVENUE N. ___}___.___#___ XX XX X.X XX XXXX REFERENCE PURPOSES AND TKECOUNTY SCAIE . FEET ANOKA, FII 55303 32 1 31 1 42 1 41 IS NOT RESPONSIBLE FOR ANY IatR44«GAvm 47,At0 S (763)3215510 l3 1 36 43 1 66 OF SECnON EXAMPLE OF SPECIFIC PARCEL N NUMBER, 0.36,z6440NJARE IN BRACKETS: Ell INACCURACIES F(LREN COMAINED. oammlo tmu3Am IbmPA«6 0 P P � P e m 172 Logan Parkway Disclaimer: This information Is being distributed as demonstration data only. You should not use the data for any other purposes at N this time. This information Is to be used for reference purposes only. copyright m 2010 Gly of Fridley, All Rights Reserved W* a s Printed 06107/2011 --c/_/4 44 tA sem..,,, -. SWa.rtar.�p..t. Farm No. y-M of»._ ...... much ..................... _...... », betwom L. W. Peterson & Sons, Inc., a corporation under the iaws of the State O' ....._.». .Q...»....».».»...............»......a party Of Oze"part, and Village of Fridley, a municipal corporation, of the County..._.»._ ...................................... and ,4t1410 of ............. Minnesota ....... _._.................... »._ partz.............of the "vend part, WiftW09th, That the . said party of the -ftret part, in son Avatton of as sun of to it in hand paid by the said party ..... »....... of the wooed park the rm*t wha+eof is hereby aelmowUdled, does h�r Grant, Bargain, Sell, and Convey unto the amid party...._.... ..... of the second part,...its.................. can asedfne, Forever, all the tract ...... ..... or parcel».:........of land lyint and betnt in the County of _......__ Anoka......................................and State of minneaoia, deeorlbad as foitaeba, to -wit: That part of Lot Nineteen (19), Block One (1), Oak Creek Addition, Village of Fridley, Anoka County, Minnesota described as follows Beginning at the.South- east corner of said Lot Nineteen (19); thence West along the South line thereof 67.4 feet; thence Northeasterly parallel with the East line thereof 163.95 feet more or less to the Northwesterly line thereof; thence Northeasterly along the Northwesterly line thereof to the most Northerly corner of said Lot; thence Southeasterly along the Northeasterly line thereof to the Northeast corner thereof; thence South along the East line thereof to the point of beginning and that part of Lot Eighteen (18), Block'Ons (1) of said Oak Creed Addition described as follows; beginning at a point on the South line of Lot Nineteen (19), Block One (1) of said Oak Creek Addition distant 67.4 feet West of the Southeast corner thereof; thence North parallel with the East line of said Lot Nineteen (19) a distance of 163.95 feet more or less to the Southeasterly line of said Lot Eighteen (18) and which point is the actual point of beginning of the tract of land hereby to be described; thence continuing Northeasterly in a straight line to the East line of said Lot Eighteen (18) a distance of 33.8 feet more or less; thence Southeasterly to the Southeast corner thereof; thence Southwesterly along the Southeasterly line of said Lot Eighteen (18) to the point of beginning. For roadway purposes. $o *at WO to m the &ne, Totother with all the hereditavrents and appurtenanass belonging, or in any<alas appertainint, to the said party....._..:... of the w4ond part,....it�8..................... a� assign, Porever..gnd the aaid.__.L.._W _ PetBrsAn.& .Sons,..InO..y................. ....................................................................... _ party of the Arat vart. for YpIf and its auobesears, docs covenant with the aWd.part.y..............of the second part,..... its .............. e r ins, that it is law seised in foo of the Eaauie and pre -4m aforesaid, Oct" Am food rliht to sell and convey the earns in nkmaer and fw7& aforesaU, and that the aaane are free fromall insumbrancce_... _........ ............... ..._......_.............. _._......._.._.._»...._._. _. »......_...._... __._.._ � »» . dnd the above barfained and granted k4uu,;{;{� , in the quiet and peaveable pownsion of the said party ..»»»._of the awand pari,..ifi.9......... . f aesifna, of -Seat all persons lawfully elahnini or to d d- the -hold or any part thereof, subject to ineuwAranasa, if any, hereinbefore rnentioped. the qW4 party of the lest Part wibP Warrant and Defend. 3n IegtWMT Ubeteof. The said *alt party ha$ oaused thaeq presents to be saeeuted to its corporate name by its...... ........... ................. 0 SEAL President and its.. gikts...President......»...and fate corporate aeal is be hereunto of zed the day and year fet above written. In Presence .I \ By... . ..... . !`y..".-..... 1 Its..... W • 1 ) _ .... ..... . .................. l,(J Its. .......... ...1!.... ......... .�.._ 342 mm330 �atatt of pinnaota, as Counv of.....__.._AaQM ..... ..... .......... _ 18.52.... 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Je?.„ PstterAd�lq...».. .. __......aoknawied�ad aaid Mebwanent to be the free act and deed of aaid _ ._. _..... ....... »...._.._ ». _ ___. _ .. _ ...... Notary Pub .....»................... K?n►a........... »...... .._..County, Minn. n J My ooanmiaaion oxpirea___My- fiy tc q^o _._».._....._ 18.» r ejOn c, o�, s ynty M - T ti'•4 Jty* record o U LCICAm 1 °i n the 26 dw of July A. D. fr 1955 at 9 i . I Ct o'clock A.M. 0 R VIIsIC-mic 10 -om. W* Ow for Anoka County MWOWLt Property Details :General Information Summary Page 1 of 1 ;Property ID 10-30-24-42-0027 ................................................................................................................................................................................................................................................ ;Tax Year 2011 ;Situs Address UNASSIGNED SITUS , FRIDLEY, MN 00000-0000 ....................................................................................................................................................................................................... THAT PRT OF LOT 19 BLK 1 OAK CREEK DESC AS FOL: BEG AT SE COR OF SO LOT, TH W ALG S LINE THEREOF 67.4 FT, TH NELY PRLL/W E LINE THEREOF 163.95 FT +OR- TO NWLY LINE THEREOF, TH NELY ALG NWLY LINE THEREOF TO MOST NLY COR OF SD LOT, TH SELY ALG NELY LINE THEREOF TO:: :Property NE COR THEREOF, TH S ALG E LINE THEREOF TO POB, TOG/W THAT PRT OF LOT 18 SD BLK 1 DESC Description AS FOL: BEG AT A PT ON S LINE OF LOT 19 SD BLK 167.4 FT W OF SE COR THEREOF, TH N PRLL/W E LINE OF SD LOT 163.95 FT +OR- TO SELY LINE OF SD LOT 18 & POB, TH CONT NELY IN A STRAIGHT LINE TO E LINE OF SD LOT 18 33.8 FT +OR-, TH SELY TO SE COR THEREOF,TH SWLY ALG: SELY LINE OF SD LOT 18 TO POB, SUB] TO EASE OF REC i Linked Property :Group Position .................................................................................................................................................................................................................................................: :Status Active :Abstract/Torrens jAbstract :Lot Size...................................................................................IIRREGULAR ..Si...................................................................................................................................... : * Lot Size: Approximate lot size in feet, clockwise beginning with the direction the lot faces Developed by Manatron, Inc. @2010 All rights reserved. Version 1.0.4043.14061 https://starlite.co.anoka.mn.us/(u25uwzi 13jigic13gfb521545)/parcelinfo.aspx 6/27/2011 r- 0 -51 B I --�°N � °® e . 0 WA v'yes S � �f/� s WN Anne & William Stevenson 172 Logan Parkway Fridley, MN 55432 r5. fpr;l /�/ 1201/ �'-' 5(,t/ #ia'� i.4CIUaV W1 01 sotuel w r i 1i �IamfeV RUG"/ / iCL1 pve%dru W fl.4-2 ?rav'jel by Odd�ovo 763-571-3589 6105. (005'4-uc-fdh c tZ'40 c444 s� 51LC"d Y�Iu 1116-1 yew he �dtll '5671a�19 y�� CERTIFICATE OF SURVEY 0 3� 'MEASUREMENTS SHOWN IN FEET AND DECIMALS OF A FOOT) FOR W 5'cav`ribc, KURTH SURVEYNG, INC. SCALE IN FEET I HEREBY CERTIFY THAT THIS SURVEY. PLAN OR REPORT 4002 JTFEM ST. NE WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION COLLWA hEITS, MN 55421 AND THAT I AM A DULY LICENSED VM SURVEYOR UNDER RM (763) 738-9M FAX (763) 788-7602 DATE �"�' �Z - 7-o1 I T¢I-i41YS OFQTHE SZATEiQF'MINNEWTA. E-4A1L: KURTHSURVEY®AOL.COAI 0 - I RON MONUMENT SV'f Randy L. Xurth, C.L.S. No. 20270 Russell J. Kurth. L.L.S. No. 16113 LO����� 65 LA7- �__ QC1, fovvo oft" SC. ND �t EasEMc�T �, LL 1D C? 110 L 1 10, -6%4Ly- ) I O to K. . A140V- C-pU N t yn, t N Ne-tpaTA 0 : J. T�&jt4v CP)-?tP;i' �15`t�1iVC.t (M)7- MCP►SVQVD �'C�a►tN LtN1G�Fi: 4 Development Review Committee Worksheet Address: 172 Logan Parkway Land Use Case: VAR #11-01 ❑ Paul Bolin ❑ Dave Jensen ❑ Jim Kosluchar ❑ John Crelly ❑ Julie Jones ❑ Layne Otteson ❑ Rachel Harris ❑ Ron Julkowski ❑ Mary Smith ,* Scott Hickok ❑ Stacy Stromberg Planning Issues: Enaineerino Issues: o Setbacks ❑ Drainage ❑ Lot coverage ❑ Utilities ❑ Allowable square footage ❑ Curbing requirements ❑ Height ❑ ❑ Landscape ❑ Hardship statement/narrative Fire Issues: ❑ Truck access ❑ Sprinkler requirements Building Issues: ❑ Hydrant location ❑ 2007 State Building Code ❑ ❑ Need signed plans ❑ SAC Units 13 Stipulations: Comments: Date: / Hickok, Scott From: Hickok, Scott Sent: Friday, February 18, 2011 3:17 PM To: Bolkcom, Ann; 'aandwhouse@gmail.com' Cc: Burns, Bill; Jones, Julie; Stromberg, Stacy; Jensen, David; Julkowski, Ron Subject: RE: City of Fridley: possible addition to home Will: Thank you for your inquiry and your cautious approach as you move forward with expansion plans on your property. I will start this response with an answer to your question about Chapter 205.31. From there, I will explain the Code as it applies to setbacks, variance potential, and alternatives. As you stated, Code Section 205.31 relates to pre -1955 lots and allows certain lots to now be conforming. That is true. Those lots however, were lots that were 50 feet wide at the time of their plats. The ordinance specifically allowed those small lots to be considered conforming by virtue of their lot size. Prior to adoption of 205.31, these lots would be considered non -conforming because of their 50' width and smaller lot area dimensions (code requires a width of 75' or 80' on a corner and a minimum lot size of 9,000 sf). The ordinance did not allow relief for standard or over- sized lots that happened to have building setbacks that are substandard. You really need a survey to properly locate the home as it sits on the lot. Simple math shows that you may very well have the setbacks you need, but that is somewhat of an unknown without a survey. We also could not get to this point of discovery without quite a bit more time of research and analysis. Your property situation is this: Legal Description: Lot 20, Block 1, Oak Creek Addition PIN M R10-30-24-42-0029 Address: 172 Logan Parkway Lot size: Approximately 14,935 sf (minimum required by Code 9,000 sf) Street -front Lot Width: 96 feet (minimum required by Code 80' on a corner lot) House dimensions according to Assessor: 68'X 30'(2040 sf including attached garage) Survey on file: None Here is where the simple math begins (and there could be good news, but Dave and Julie are correct, it does not appear this way on the aerial photograph of your home): Your northern lot boundary is 96' wide and your southern lot boundary appears to be 110' wide. Your eastern lot line appears to take off north at a 90 degree angle at the southeast corner. That means the added lot width would be at the southern boundary, toward the southwest corner of the lot. The western lot line angles outward to the southwest. If we simply took a lot width of 96' and subtracted the 68' width of the house, we would have a difference of 28'. Then, if from that you need 17.5 feet on the street side and 10' on the dwelling side (east), 28 feet would give you that with 6" to spare. Now, knowing that your lot gets wider at the back, it is very likely you would have enough room, provided that your house is situated correctly and that it doesn't cheat in on either the 10' or 17.5' side lot dimensions. This should be enough inspiration hopefully for you to get a survey. Sure it is costly, but it is important to know where the house sits on the lot when you are adding to it, especially if you are going to place a garage in your rear yard, then you really need to know where the lines are. If you find that you have 10' on one side and 17.5 on the other, based on your survey, then you could even attach your new garage to the rear of the home with a breezeway or 4 season porch. You wouldn't be expanding a non -conformity at that point. If your survey shows a deficiency in one or the other of the setbacks a variance could not be granted. Recent case law has redefined what is considered a reasonable use of the property and with an existing house and garage, the courts would view your existing condition as an existing reasonable use of the property that does not warrant a variance for expansion. If I had your situation and I was looking at a garage addition in my back yard, I would get a survey. Once you have it it is also valuable insurance for you have on file showing what you have on your property and where it is all located. I'd have your surveyor look at our Code and alsoshow the location of the proposed garage as well, then you can submit that with your building permit if the other two setback issues work out. If setbacks are an issue we will have to consider alternatives beyond variances. Those will be more cumbersome and without guarantee, because they would require a policy change/ decision by council to begin allowing non -conformities to be recognized by a certification process as opposed to being forgiven through a variance process. More on this approach if your survey shows that it is warranted. I hope this information is helpful. Call or write if you need further assistance. Scott Scott J. Hickok, AICP Community Development Director City of Fridley 6431 University Avenue NE Fridley; MN 55432 PH: 763-572-3590 From: Bolkcom, Ann Sent: Thursday, February 17, 20117:54 PM To: Hickok, Scott Subject: FW: City of Fridley: possible addition to home Scott, here is the information. I appreciate you contacting him and giving him so direction. here is his other number 763 5678487. thanks ann From: will stevenson [mailto:aandwhouse@gmail.com] Sent: Tue 2/15/20113:16 PM To: Bolkcom, Ann Subject: City of Fridley: possible addition to home This is an enquiry e-mail via hnp://www.ci.fridley.mn.us/ from: will stevenson <aandwhouse@gmail.com> Hi Ann Am looking for guidance on how to proceed with plans for a possible addition to our home. So far have talked with Dave from Inspections and Julie Jones via phone, both of you have lead me to believe we are most likely nonconforming. A survey cannot be found presently; plan to have one done as soon as snow is gone. Even if survey confirms nonconformity I believe Chap. 205.31 Residential Lots Created Prior to Dec.29 1955 of the city code grants us an exception to nonconforming issue. Can you give me your interpretation of 205.31.Or at least advise on whether this project will be okayed or how best to proceed. Thank you Will Stevenson 172 Logan Parkway 571-3589 Stromberg, Stacy From: william stevenson [aandwhouse@gmail.com] Sent: Tuesday, June 21, 2011 3:48 PM To: Stromberg, Stacy Subject: Re: Variance Hi Stacey We talked in detail with Nick Donovan about what we wanted for what we could afford. That being said, I considered the plan drawn up by Donovan Bros. to be a preliminary plan, drawn up about the time we realized we may have non -conforming setback issues. That is as far as I went with any contractors because I didn't want to put the cart before the horse. We needed to find the property line and see what the setback was. After that was determined to be nonconforming it became an issue of needing a variance and then waiting for the state law on variances to change. Now it is a question of the variance application being accepted. It was my intention to wait until that decision has been made before I asked at least 2 more contractors for bids. Is this the right approach? I will say this about that plan. It is very close to what we have in mind. It is the dimensions we want, in the location we want. We talked in general terms about what we could afford to spend, because we were uncertain about that. We now have an exact number. I would appreciate any guidance in get ready for the meeting with the Appeals Commission. Do I need a final plan? I would appreciate your input, thank you. Will Stevenson On 6/21/11, Stromberg, Stacy <StrombergS@ci.fridley.mn.us> wrote: > Hi Will and Anne, > I am working on your variance staff > plan drawn by Donovan Bros., dated > going with? If so, I will include > Commission. If not, do you have an > I've attached the 1/30/11 plan for > Thanks, > Stacy Stromberg > Planner report and I was wondering if the 1/30/11, is the plan that you're in the packet to the Appeals updated plan that I can use? your review. 1