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VAR 98-29
FRIDLEY MUNICIPAL CENTER - 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 - (612) 571-3450 - FAX (612) 571-1287 APPEALS COMMISSION ACTION TAKEN NOTICE Stephen T. Baker 113 Pilot Avenue Fridley, MN 55421 Dear Mr. Baker: October 1, 1998 On September 23, 1998, the Fridley Appeals Commission officially approved your request for a variance, VAR #98-29, to reduce the front yard setback from 35 feet to 25 feet to allow the construction of a garage on Lot 32, Block 2, Carlson's Summit Manor South Addition, generally located at 113 Pilot Avenue, with the following stipulations: 1. The wall adjacent to the property line shall be constructed to meet all fire rating/protection standards outlined in the State and Uniform Building Codes. 2. Per Section 205.04.05.(3) of the Fridley Zoning Code, the maximum roof projection shall be limited to 2 feet. 3. Because the fire wall standards require no windows or doors in the wall closest to the property line, an architectural treatment designed to add visual interest and break up the aesthetics of a 38 foot featureless wall shall be reviewed and approved prior to the issuance of a building permit. You have one year from the date of the Appeals Commission action to initiate construction. If you cannot begin construction during this time, you must submit a letter requesting an extension at least three weeks prior to the expiration date. If you have any questions regarding the above action, please call me at 572-3599. Since ely, co Hickok 4 lahning Coordinator d SH:Is Please review the above action, sign below, and return the original to the City of Fridley Planning Department by October 14, 1998. Co ur with action taken. CITY OF FRIDLEY PROJECT Sui IIMARY DESCRIPTION OF REQUEST: The petitioner, Stephen T. Baker, has requested variances to reduce the side yard setback from 3 ft. to 2 ft. and to reduce the front yard setback from 35 ft. to 25 ft. This would allow the expansion of a single car garage to a double car garage on Lot 32, Block 2, Carlson's Summit South Addition. SUMMARY OF ISSUES: The applicant presently has a single car attached garage (12 ft. x 22 ft.) and wishes to tear down the existing garage and construct a new two -car garage (22 ft. x 38 ft.), two feet from the side yard. The 25.5 ft. setback is being requested based on a significant grade drop directly behind the garage. HARDSHIP STATEMENT: See enclosed "Variance Hardship Letter" dated August 25, 1998. PREVIOUSLY GRANTED VARIANCES: Side Yard Setback In researching the records, the previously granted variance most similar to this request occurred in 1993 at 5331 West Moore Lake Drive. The City granted a variance to allow a double car garage to be built within 2.3 fee of the side yard. Front Yard Setback This request is within previously granted variances. In 1997, the City granted a variance of 20 ft. to allow a 15 ft. setback at 198 Mercury Drive. Additionally, the severe grade in this back yard constitutes a physical hardship to the land. STAFF RECOMMENDATION: Side Yard Setback The Commission should be cautious in setting a precedent on this 2 ft. side yard request. As stated above, the City has never reduced the side yard setback to less than 2.3 feet. By maintaining a 3 ft. setback, the applicant's garage would have adequate space for parking two cars and significant storage (21 ft. x 38 ft.). Therefore, staff recommends denial of the side yard variance request. Front Yard Setback Staff has no recommendation since this is within previously granted variances. If the Commission chooses to approve the variance, staff recommends the following stipulations: 1. The wall adjacent to the property line shall be constructed to meet all fire rating/protection standards outlined in the State and Uniform Building Codes. 2. Per Section 205.04.05.(3) of the Fridley Zoning Code, the maximum roof project shall be limited to 2 feet. 3. Because the fire wall standards require no windows or doors in the wall closest to the property line, an architectural treatment designed to add visual interest and break up the aesthetics of a 38 ft. featureless wall shall be reviewed and approved prior to the issuance of a building permit. Staff Report VAR #98-29, 113 Pilot Avenue Page 2 PROJECT DETAILS Petition For: To reduce the side yard setback from 5 ft. to 2 ft. and to reduce the front yard setback from 35 ft. to 25 ft. to allow the expansion of a single car garage to a double car garage Location of Property: 113 Pilot Avenue Legal Description of Property: Lot 32, Block 2, Carlson's Summit Manor South Addition Size: 9,375 sq. ft. Topography: Severe drop in rear yard Existing Vegetation: Urban landscape Existing Zoning/Platting: R-1, Single Family Dwelling; Carlson's Summit Manor South Addition Availability of Municipal Utilities: Available Vehicular Access: Pilot Avenue via Main Street Pedestrian Access: Pilot Avenue Engineering Issues: None Comprehensive The Zoning and Comprehensive Plans are consistent in this Planning Issues: location. Public Hearing Comments: To be taken Staff Report VAR #98-29, 113 Pilot Avenue Page 3 ADJACENT SITES: WEST: Zoning: R-1 Land Use: Single Family SOUTH: Zoning: R-1 Land Use: Single Family EAST: Zoning: R-1 Land Use: Single Family NORTH: Zoning: R-1 Land Use: Single Family DEVELOPMENT SITE REQUEST: The petitioner, Stephen T. Baker, has requested variances to reduce the side yard setback from 3 ft. to 2 ft. and to reduce the front yard setback from 35 ft. to 25 ft. This would allow the expansion of a single car garage to a double car garage on Lot 32, Block 2, Carlson's Summit South Addition SITE DESCRIPTIONMISTORY: Carlson's Summit Manor South Addition was platted in 1954. 1955 - Building permit, first permit on file for garage 1991 - Noncompliance for outside storage 1992 - Building permit for residing 1992 - Noncompliance for outside storage 1993 - Noncompliance for outside storage 1994 - Noncompliance for outside storage ANALYSIS Code Section Section 205.04.05.(2).(a) of the Fridley Zoning Code allows a homeowner the opportunity to build a second garage stall to a point within 3 feet of the side property line. The petitioner is requesting a 2 ft. setback to allow for a 22 ft. wide garage. Staff feels that by meeting the side yard setback requirements of 3 feet, a 21 ft. x 38 ft. garage would serve the petitioner's needs as outlined in his hardship letter. The proposed garage addition would provide almost three times more square footage than presently exists. Staff Report VAR #98-29, 113 Pilot Avenue Page 4 The petitioner is also requesting a front yard variance of 10 feet. Physical limitations do exist in the rear yard, thus constituting a true hardship to the land. The home directly to the west has a setback of 24.5 ft., or 1 ft. closer to the road than the petitioner's proposed addition. This application meets all other requirements in the Code and is supported by historic outside storage compliance issues. STAFF RECOMMENDATION TO THE APPEALS COMMISSION: Side Yard Setback The Commission should be cautious in setting a precedent on this 2 ft. side yard request. As stated above, the City has never reduced the side yard setback to less than 2.3 feet. By maintaining a 3 ft. setback, the applicant's garage would have adequate space for parking two cars and significant storage (21 ft. x 38 ft.). Therefore, staff recommends denial of the side yard variance request. Front Yard Setback Staff has no recommendation since this is within previously granted variances. If the Commission chooses to approve the variance, staff recommends the following . stipulations: 1. The wall adjacent to the property line shall be constructed to meet all fire rating/protection standards outlined in the State and Uniform Building Codes. 2. Per Section 205.04.05.(3) of the Fridley Zoning Code, the maximum roof project shall be limited to 2 feet. 3. Because the fire wall standards require no windows or doors in the wall closest to the property line, an architectural treatment designed to add visual interest and break up the aesthetics of a 38 ft. featureless wall shall be reviewed and approved prior to the issuance of a building permit T W w 4 to r t - cl 2 LA . 84 t w ?,n m -4 ft rq a l 0 Ln LLL m -4 ft rq a l 0 Ln O U- Q_ > l� s -- LO � T \� m -4 ft rq a l 0 b s� om rn z LL August 25, 1998 Stephen and Jan Baker 113 Pilot Avenue NE Fridley, MN 55421 571-0973 City of Fridley 6431 University Avenue Fridley, MN 55421 VARIANCE HARDSHIP LETTER To Whom It May Concern: Our request is for a 22' (width) by 38' (length) garage. We need a reduced setback due to the severe slope in our backyard. In addition, it would bring a more attractive appearance to our house and neighborhood. With the reduced setback, our garage would be 29' from the curb. The reason we would like to build a 38' garage is to avoid additional complaints from the city of Fridley and our neighbors regarding our boat, snowmobiles and automobiles. In order to keep our yard and neighborhood looking pleasant, we need to have a place to store our vehicles. We would like the width to be 22' in order to have a standard size garage. This would enable us to park two cars comfortably. We have discussed decorating options on the east side of the new garage with our builder. Enclosed are pictures of our house, garage and yard. Also enclosed are pictures of our neighbor's house (101 Pilot) which is located closer to the curb than our new garage would be. We appreciate your time with this matter. If you have any questions, we will be at the next council meeting on September 9, 1998 or we can be reached at 571-0973. Sincerely, Stephen and Jan Baker CITY OF FRIDLEY 6431 UNIVERSITY AVENUE FRIDLEY, MN 55432 (612)571-3450 COMMUNITY DEVELOPMENT DEPARTMENT VARIANCE APPLICATION FOR: Residential _,_CommerciaVlndustrial Signs PROPERTY INFORMATION: - site plan required for submittal, see attached Address: I [A P, l o4 A Uc N E Property Identification Number: Legal Description: Lot 32-, Block 2-_ Tract/Addition 14 Z S� S' Su M M t`4 - "A n/®z sc--wyth A ®Dr'TT®rj, " Current Zoning: g es,�/Square footage/acreage: CI -37.5' Reason for Variance: Sap ,d Cr&CAa EX� Have you operated a business in a city which required a business license? Yes No k If Yes, which city? If Yes, what type of business? Was that license ever denied or revoked? Yes No ti1ViVM/r.Vti/./r.Vti.Vti.V.V.YM.Y.V.Y.V.I,VAIN.V.VV.VArVMIV.VM/Y/V1V1VAI.V 1V.V.V-/.V/Yti�1�/.V.Vti!Y.tiAR!7/fN4�.N_!ViV.V.V FEE OWNER INFORMATION (as it appears on the prope title) (Contract purchasers: Fee owners must sign this form prior to processing) NAME: ,Ar --n k� -r SAKE ADDRESS: l i s P T• LOT 4UC-7 N C DAYTIME PHONE;{{ee,�, �/A�2II-gAyzo3® SIGNATURE/DATE: IVIYIVAIA/A/AIAIA/A/A/IVIVIVMVI� / • d NNiVA11VAIMAIAIMIVIVA1A1A11VIVIVIVIVMAIAIAINA11VA11VIVIVNIVA1A1A1A11VIVIVAI PETITIONER INFORMATION NAME: 5 iar-t C As A -P e. - ADDRESS: DAYTIME PHONE: SIGNATURE/DATE: A,A,AIAIAIAIArI V A,A1A1 Al A1A1A, AIA,A,AIA.I..N AIMA.AIAI A.A.AI AIAI All V MAIAIAIAI AIAIAIAIN N ArIbI V I V NA/AIAII V AI I V I V I V A/AIAII V AI AIAIAI IY Section of City Code: FEES Fee: $100.00 for commercial, industrial, o,� sjgns: Fee: $60.00 for residential properties: _ Receipt #: Received By Application Number.y8rtft8-zg Scheduled Appeals Commission Date:�i EM Z3 i 9 S Scheduled City Council Date: ©ter-o13r-t2 A L298 10 Day Application Complete Notification Date:r-r�� �4�8 60 Day Date: 0 2 City QfFridleyn-d U se Application P 60 Day Agency Action Law Application Date Planning Commission Meeting City Council Decision 60 Day Window Starts Recommendation to Council Approval or Denial 21-40 Days 50-60 Days I Submit Complete Application and Materials Application Complete 10 Day Notice Public Hearings: Variance Vacations Lot Splits Plats" Rezonings Zoning Amendments Wetland Replacements Comprehensive Plan Special Use Permits Approved, Action Taken Letter Tabled, 60 More Days Denied Public Hearings: Rezonings Zoning Amendments i CITY OF FRIDLEY PUBLIC HEARING NOTICE BEFORE THE APPEALS COMMISSION TO: Property owners within 350 feet of 113 Pilot Avenue CASE NUMBER: VAR #98-29 APPLICANT. Stephen T. Baker Petitioner or representative must attend the Appeals Commission meeting. PURPOSE: To reduce the side yard setback from 3 feet to 2 feet and to reduce the front yard setback from 35 feet to 25 feet to allow the construction of a garage LOCATION OF PROPERTY: 113 Pilot Avenue LEGAL DESCRIPTION., Lot 32, Block 2, Carlson's Summit Manor South Addition DATE AND TIME OF Appeals Commission Meeting: HEARING: Wednesday, September 23, 1998, 7:30 p.m. The Appeals Commission meetings are televised live the night of the meeting on Channel 35. PLACE OF HEARING: Fridley Municipal Center, City Council Chambers, 6431 University Avenue HOW TO 1. You may attend hearings and testify. PARTICIPATE: 2. You may send a letter before the hearing to Scott Hickok, Planning Coordinator, at 6431 University Avenue N.E., Fridley, MN 55432, or fax at 571-1287. SPECIAL Hearing impaired persons planning to attend who need an ACCOMMODATIONS: interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than September 16, 1998. ANY QUESTIONS: Contact Scott Hickok, Planning Coordinator, at 572-3599. Mailing Date: September 11, 1998 HOLLEY NADINE C MONTOUR JOHN A & BONNIE J BUKOWSKI THOMAS L 100 GIBRALTAR RD NE 100 PANORAMA AVE NE 100 PILOT AVE NE FRIDLEY, MN 55421 FRIDLEY, MN 55421 FRIDLEY, MN 55421 PAULUS GARY WICKLUND GEORGE B COTTER JOHN T 101 49TH AVE NE 101 GIBRALTAR RD NE 101 PILOT AVE NE FRIDLEY, MN 55421 FRIDLEY, MN 55421 FRIDLEY, MN 55421 RYMAN JOSEPH M & CHRISTINA M KURAK MARGARET S TOLLEFSON JEROME A & LOIS A 112 GIBRALTAR RD NE 112 PANORAMA AVE NE 112 PILOT AVE NE FRIDLEY, MN 55421 FRIDLEY, MN 55421 FRIDLEY, MN 55421 DUROSE JAMES F ETAL WELF CHARLES J & P K BAKER STEPHEN T & JANICE R 113 49TH AVE NE 113 GIBRALTAR RD NE 113 PILOT AVE NE FRIDLEY, MN 55421 FRIDLEY, MN 55421 FRIDLEY, MN 55421 CRUSE DALE B & PATRICIA L ENGEL DOUGLAS P & JEAN P SNIPSTAD VIRGIL L 124 GIBRALTAR RD NE 124 PANORAMA AVE NE 124 PILOT AVE NE FRIDLEY, MN 55421 FRIDLEY, MN 55421 FRIDLEY, MN 55421 NGUYEN CHAU VAN SNELL RICHARD L & NANCY A TYO DUANE & MARY L 125 49TH AVE NE 125 GIBRALTAR RD NE 125 PILOT AVE NE FRIDLEY, MN 55421 FRIDLEY, MN 55421 FRIDLEY, MN 55421 PREVETT STEPHEN J & KIMBERLY D WATKINS EDWIN E & DORIS R ` BATCHA JAMES L & SANDRA K 136 GIBRALTAR RD NE 136 PANORAMA AVE NE 136 PILOT AVE NE FRIDLEY, MN 55421 FRIDLEY, MN 55421 FRIDLEY, MN 55421 SURA KAREN A VIGEN MICHAEL D & EDEN STACY M PILARSKI DELPHINE R 137 49TH AVE NE 137 GIBRALTAR RD NE 137 PILOT AVE NE FRIDLEY, MN 55421 FRIDLEY, MN 55421 FRIDLEY, MN 55421 STEFFEN BRUCE M & DEBORAH HUNSTAD MERRIETT A KELLNER CLEMENS L & VERENA 148 GIBRALTAR RD NE 148 PANORAMA AVE NE 148 PILOT AVE NE FRIDLEY, MN 55421 FRIDLEY, MN 55421 FRIDLEY, MN 55421 SIMENGAARD ARNE & WANDA M WALLER R A & BRADTKE D J SANDBERG BETH R 149 49TH AVE NE 149 GIBRALTAR RD NE 149 PILOT AVE NE FRIDLEY, MN 55421 FRIDLEY, MN 55421 FRIDLEY, MN 55421 BRODIE JOHN R & BETTY M PYKA LORA L KWATERA FRANK T & DONNELLA 160 GIBRALTAR RD NE 160 PILOT AVE NE 161 49TH AVE NE FRIDLEY, MN 55421 FRIDLEY, MN 55421 FRIDLEY, MN 55421 OTTERNESS DALE L & ROSE A 161 GIBRALTAR RD NE FRIDLEY, MN 55421 BACKSTROM JAMES J & JOLINE L 172 PILOT AVE NE FRIDLEY, MN 55421 CURRENT RESIDENT 4850 MAIN ST NE FRIDLEY, MN 55421 SHAMROCK INVESTMENTS it LLC 701 24TH AVE SE MPLS, MN 55414 VOLSEN DONALD L & P B 161 PILOT AVE NE FRIDLEY, MN 55421 DREYER CAROLYN L 173 49TH AVE NE FRIDLEY, MN 55421 CURRENT R SIDENT , lSd 4900 MAI T NE /�' FRIDLE , MN RICHARDS KARLA D 172 GIBRALTAR RD NE FRIDLEY, MN 55421 KRUEGER CLARENCE E & M L 173 PILOT AVE NE FRIDLEY, MN 55421 API SUPPLY COMPANY 5110 MAIN ST NE FRIDLEY, MN 55421 a City of Fridley Community Development Department Variance Notification PANORNuW AVE NE GBRALTAR RD NE PILOT AVE NE PANOPAWAV I w z a