Loading...
VAR14-01 • Community Development Department City of Fridley 1 ad 6431 University Avenue NE Fridley MN 55432 763.572.3592 Fax: 763.571.1287 : tl .2/ WWW.ci.fridley.mn.us y VARIANCE APPLICATION FOR: Residential 1' Commercial/Industrial/Multi-Family Signs Property Information Address: !e01 3C( Sire-ct , rr 6I VL1 M 1-1 5543 Z.-- Anoka Anoka County Property Identification Number(PIN #): - 3U"-Q4 -- 'D 1 5-4-- Legal Description: 10'j I ±- / 14 ,gJL 1 a__ . D '2 Qic°C Current Zoning: 0... Square footage of Parcel: (C., 72-0 Reason for Variance (one sentence su—ary, please attached full description) S tc-c 4 1,4-12_ L1 0V-0--v• Fee/Property Owner Information (as it appears on property title) **Fee owner must sign this form prior to processing Name (please print): NOVGt,1C FLec_v_i, Inc©rr nrr1id Mailin address:� 7JGLir>d AVeY L) t1/4-1 ori-h city: Y' )1 )Yl ea--V k-- State: \Icode: 5_54_ Daytime Phone: (7b3) 42`l - 1 S S Fax Number: &6,Z352- I/2L/ '-' / 03® Cell Phone(4 3tCcj - (p 1 SID E-mail address: 1 -0 a. a 1 _ a. ! . - ' . ' • • Signature/Date: *r,1 -, Ai. ii s' / Petitioner Information Company Name (please print): . a _ . ' r c OIP & - Contact Person's Name (please print): .NI. s 13yr -, Mailing address: eke, I. / A A i - L. I Ali City:': CO .. ./t State: Lin Zip code: a____ Daytime Phon-4('T3 I 1?J-I- L/C15' Fax Number: J '#2-�-' 634 Cell Phone: (Qk 3 4.iJ- ( i"l U E-mail address: l/�,01,1/Pi r\OVaLk..' F'k,c - • kVA, C � - Signature/Date: 1.__. I_ �.� / FOR OFFICE USE ONLY Fees $500-R-1,Single Family Residential K. $1,400-Commercial/Industtrrial/Multi-F mily Residential/Signs Application Number: WI// l4,-0 IReceipt#: Received By: Application Date: I ,� 11�' 15 Day Application C mple•e Notification Rate. 2.... I "I Scheduled Appeals Commission D te: Iv Scheduled City Council D te: 3 I 60 Day Date: t4 I 1i4 60 Day Extension Date: 111 2/20/2014 Property Summary Welcome to the Web site of Ak Anoka County 4# Minnesota CO NTY Home -> Property Search -> Property Search Result-> Property Summary Printable Version Property Details Parcel History I Linked Parcels [Special Assessments Truth In Taxation Documents I Sales History Summary Parties I Values Taxes Events IReceipts General Information Property ID 23-30-24-23-0154 Tax Year 2013 Situs Address 5801 3RD ST NE ,FRIDLEY,MN 55432 Property Description LOT 1 BLOCK 1 GATEWAY WEST 2ND ADDITION Linked Property Group Position 2 of 2 Status Active A bstract/Torrens Abstract Property Classification Tax Year Classification 2014 5E-Exempt Properties 2013 5E-Exempt Properties Property Characteristics Lot Size W10*135 * Lot Size: Approximate lot size in feet,clockwise beginning with the direction the lot faces Tax District Information Watershed MISSISSIPPI WMO School District Number and Name FRIDLEY SCHOOL DISTRICT #14 City Name FRIDLEY Printable Version Developed by Manatron,Inc. @2010 All rights reserved. Version 1.0.4581.14247 https://starlite.co.anoka.mn.us/(xi m3m055dq n1 clffsxmc4d45)/propertyresult.aspx 1/1 2/20/2014 Property Summary Welcome to the Web site of Anoka County Iviinnesota ik#4. 111 CtsNil' Home -> Property Search -> Property Search Result -> Property Summary Printable Version Property Details Parcel History I Linked Parcels I Special Assessments Truth In Taxation I Documents I Sales History Summary Parties Values Taxes Events I Receipts General Information Property ID 23-30-24-23-0155 Tax Year 2013 Situs Address 5801 3RD ST NE ,FRIDLEY,MN 55432 Property Description LOT 1A BLOCK 1 GATEWAY WEST 2ND ADDITION Linked Property Group Position 1 oft Status Active Abstract/Torrens Abstract Property Classification Tax Year Classification 2014 5E-Exempt Properties 2013 5E-Exempt Properties Property Characteristics Lot Size W70*135 * Lot Size: Approximate lot size in feet,clockwise beginning with the direction the lot faces Tax District Information Watershed MISSISSIPPI WMO School District Number and Name FRIDLEY SCHOOL DISTRICT #14 City Name FRIDLEY Printable Version Developed by Manatron,Inc. @2010 All rights reserved. Version 1.0.4581.14247 https://starl ite.co.anole.mn.us/(A m3m055dq n1 clffswnc4d45)/propertyresult.aspx 1/1 CITY OF FRIDLEY PUBLIC HEARING NOTICE BEFORE THE APPEALS COMMISSION TO: All property owners/residents within 350 feet of property generally located at 5801-3rd Street. CASE NUMBER: VAR #14-01 APPLICANT: Novak-Fleck Inc. Petitioner or representative must attend the Appeals Commission meeting. PURPOSE: Petitioner is seeking a variance to reduce the side yard setback for an attached garage from 5 feet to 3 feet, to allow the construction of a new single family home. LOCATION OF 5801-3rd Street PROPERTY AND LEGAL Lot 1, Block 1, Gateway West Second Addition and Lot 1A, DESCRIPTION: Block 1, Gateway West Second Addition. DATE AND TIME OF Appeals Commission Meeting: HEARING: Wednesday, March 5, 2014, 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 February 26, 2014. 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, March 24, 2014. *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 — February 21, 2014 111; CITY OF Community Development Department FRIDLEY Public Hearing Notice 700 1 JOJL JVJ I vili.... 5859 5916 5875 5850 5849 5854 59 5847 5849 5895 5908 - 5845 5846 59 56 5851 5846 5$41 5840 51P9 5900 W 5834 F' 5803 5832 ~ 5 1 872 � - v� v; 5 58 Q 48 G 5835 5828 -6E8- 5826 581 ›. 5865 5860 58 30 N 5825 5820 N g _ 5824 M M �_ 5815 - -58-1-3- 5807 � 0 5850 5F 16 5810 5807 5810 5805 W Id 5831 5840 y 51 •00 5801 5800 5801 5800 5832 H 51 fE - 58TH AVEfijil n N5820 5765 w 5� 90 N co 5780 5791 to 0o 5812 N N N N 5755 m — _ 51 '70 5770 5783 5770 5745 _Ic 0 5800 5 5761 5775 5735 57 1/2 AVE 5760 5725 _ :4!:',A a 233 7 247 251 t- ' C; '`T = ;i% 3! N N C N N I N 17) RIR 5an 0 1A ST 57TH PL 57TH PL -I-71'I- y 251 ,`)" 2 262 289 5701 - 6 Z N N Tr -5 57TH AVE c~o o 5644 co to v5622 5696 �� s ,., 5616E 5616 v) _ co 5614T SOURCES Fridley Engineering N Fridley GIS Variance Request, VAR#14-01 Anoka County GIS Petitioner: Novak-Fleck Inc. W E Address: 5801 3rd Street NE Map Date: February 19, 2014 S i /MAY-OD-0081. { widn-dod pioqai al Jalanai +udwduJrllJ r ®0915®A23AVlap eb al zas ;(ap suagCWOYaneMMM ;a ua aJn e ele zadaa aaiad a saltie}sauanbl;a SCHROEDER SHARONA WITHROW SHAUN ANDRAJACK ANNE 271 57TH PL NE 5824 3RD ST NE 2501 38TH AVE NE APT 374 FRIDLEY,MN 55432 FRIDLEY,MN 55432-0000 SAINT ANTHONY,MN 55421 LOEWEN BETTY L HOUSING AND REDEVELOPMENT AUTHORITY KELLEY MAE K 278 58TH AVE NE 6431 UNIVERSITY AVE NE 5826 3RD ST NE FRIDLEY,MN 55432-0000 FRIDLEY,MN 55432 FRIDLEY,MN 55432-0000 BLOCK JESSICA JANZ LYLE R&DENISE M BERGSTROM ERNEST&KATHLEEN 5745 3RD ST NE 5807 2 1/2 ST NE 5760 3RD ST NE FRIDLEY,MN 55432 FRIDLEY,MN 55432-0000 FRIDLEY,MN 55432-0000 ROITH MICHAEL J IMBU NGOZI RUBERTO COURTNEY 5801 UNIVERSITY AVE NE 4456 4TH ST NE 256 117TH LN NE FRIDLEY,MN 55432-0000 COLUMBIA HEIGHTS,MN 55421-0000 BLAINE,MN 55434-0000 ROBLES CELSO SMITH LYZZ DALEN STEPHANIE 4931 WASHINGTON ST NE 5805 UNIVERSITY AVE NE 5805 3RD ST NE COLUMBIA HEIGHTS,MN 55421-0000 FRIDLEY,MN 55432-0000 FRIDLEY,MN 55432-0000 FRIDLEY HRA THE HOUSING AND REDEVELOPMENT AUTHORITY CONWAY RONALD 6431 UNIVERSITY AVE NE 6431 UNIVERSITY AV NE 5821 2 1/2 ST NE FRIDLEY,MN 55432-0000 FRIDLEY,MN 55432-0000 FRIDLEY,MN 55432-0000 GATEWAY EAST REDEVELOPMENT LLC PESTELLO ELAINE NIELSEN CLAIRE 1349 SOUTH ROBERT ST 6011 3RD ST NE 5821 UNIVERSITY AVE NE WEST ST.PAUL,MN 55118 FRIDLEY,MN 55432-0000 FRIDLEY,MN 55432-0000 HEGNA RAYMOND L&DOROTHY A PETERSON ORLIN&DARLENE FRAZEE BRIAN 5770 3RD ST NE 5831 3RD ST NE 5800 3RD ST NE FRIDLEY,MN 55432-0000 FRIDLEY,MN 55432-0000 FRIDLEY,MN 55432-0000 MCDONALD JORDAN PFIEFFER VIOLA G SNOW AMY 5825 UNIVERSITY AVE NE 5817 2 1/2 ST NE 105 CORNWALL AVE FRIDLEY,MN 55432-0000 FRIDLEY,MN 55432-0000 WATERLOO,IA 50702 HOME DETAIL INC ZHOU XIU JORDAN KENNETH 2562 TOURNAMENT PLAYERS CIR S 5840 3RD ST NE 5812 4TH ST NE BLAINE,MN 55449 FRIDLEY,MN 55432-0000 FRIDLEY,MN 55432-0000 T ®0915 ®A?J3A�d T wia6P3 d fl-dod asodxa Jaded paa3 T ®091S a;eldwal®ligand asn o; cull 6uoie puce y ! slagel®lead Ase A>13AV-09-008-6 i wide-dod pioqai al.1019A9.1 41./ewaoaep ' ®0965®A3AV 3re e6 l ap sueswo)acJanennnn ap ua aiming zadeg salad?sap%sauanbpi STIXRUD STEVEN M COOPER ANDREW 5839 3RD ST NE 5833 2 1/2 ST NE FRIDLEY,MN 55432-0000 FRIDLEY,MN 55432-0000 FRITZ THOMAS NOVAK-FLECK INC 3300 ROOSEVLET CT NE 8857 ZEALAND AVE SAINT ANTHONY,MN 55418 BROOKLYN PARK,MN 55445 BRIGGS ANGELA 5801 2 1/2 ST NE FRIDLEY,MN 55432-0000 PRICE DEL F&PEGGY B 5821 3RD ST NE FRIDLEY,MN 55432-0000 TOHEY JOSEPH 544 SUMMIT ST NE COLUMBIA HGHTS,MN 55421-0000 LANDRUS DAVID 5775 2 1/2 ST NE FRIDLEY,MN 55432-0000 AJAGBUSI OLUBUNMI 5803 UNIVERSITY AVE NE FRIDLEY,MN 55432-0000 BERG DELORES 5822 4TH STREET FRIDLEY,MN 55432 WHITCOMB ROLAND P&RUTH R 5832 4TH ST NE FRIDLEY,MN 55432-0000 MAYER DOROTHY A TRUSTEE 5807 3RD ST NE FRIDLEY,MN 55432-0000 T T wiabp3 dn-dod asodxa Jaded paa3 ®0915 a;eldwal®tiany ash ®0965 OAtl3Ad Q of aull 6uoie puae mom yslage-1®load Ase] City of Fridley Land Use Application VAR#14-01 March 5, 2014 GENERAL INFORMATION SPECIAL INFORMATION Applicant: SUMMARY OF PROJECT Novak Fleck Inc. Dave Byrne, who is representing Novak Fleck Inc., Dave Byrne the builder and current property owner of the lot at 8857 Zealand Avenue North 5801 3rd Street, is seeking a variance to reduce the Brooklyn Park MN 55445 side yard setback for an attached garage from 5 ft. Requested Action: to 3 ft. to allow the construction of a new single Variance to reduce the side yard setback family home. Existing Zoning: SUMMARY OF PRACTICAL DIFFICULITIES S-1 (Hyde Park Neighborhood) The City's as built drawings showed the wrong Location: location of the existing sewer pipe that runs through 5801 3rd Street NE the lot, which caused the new home location to be Size: modified to allow adequate separation from the 10,796 sq. ft. .24 acres sewer pipe. Existing Land Use: SUMMARY OF ANALYSIS New home being constructed on vacant lot City Staff recommends approval of this variance request. Surrounding Land Use &Zoning: Practical difficulties exist—City's as built • E: University Avenue & R N: Single Family &S 1 OW drawings showed wrong location of sewer pipe S: Single Family &S-1 CITY COUNCIL ACTION/60 DAY DATE W: Single Family&S-1 City Council—60 Day—AP Marchril1, 2014 204 2014 Comprehensive Plan Conformance: i Consistent with Plan .0-- Zoning Ordinance Conformance: Section 205.23.5.D(2)(b) requires a side Ea r, yard setback of five (5) feet for an attached ; �.,� € garage. , o Zoning History: " �� ■. 4 ' ' <� 2007—Lot is platted. - ' i• 2014—New home currently under 1214'construction. �� � Legal Description of Property: ` , �AI N Lot 1 and Lot 1A, Block 1, Gateway West : 1 ��, Second Addition. t Public Utilities: New home will be connected. tHithLT1 P tiT a 3 Transportation: , ,t„ 1 3rd Street provides access to the property. Aerial of Property Physical Characteristics: Staff Report Prepared by: Stacy Stromberg Flat, typical suburban lot. Land Use Application Variance #14-01 REQUEST The petitioner, Dave Byrne of Novak-Fleck, Inc., who is the builder and current property owner for the lot at 5801 3rd Street, is requesting a variance to reduce the side yard setback of an attached garage from 5 ft. to 3 ft. n cr,.., _ WO* 5810 SUMMARY OF PRACTICAL DIFFICULITIES 5900,5.02 The City's as-built drawings showed the wrong location of the existing sewer pipe that runs through the lot, " 597°,397z erto which caused the new home location to be modified to 5460,54161 allow adequate separation from the sewer pipe. 5660,5853• 6 ANALYSIS °� �� 4 5800,5842 MO The property is zoned S-1, Hyde Park Neighborhood as :74,4\ 5630,.5= 38TH AVE NP ;�„. p are the properties to the north, west and south. R —'"2'University Avenue borders the property on the east side. J 's m 5610,5633 In 1976,the City Council created the S-1, Hyde Park 5600 Overlay district which applied only to the properties 1s ,,,° �W „y,51 located between Main Street and University Avenue and I r .. �oy 575'; 37 3/2 AVE NE 60 57th Place and 61St Avenue. This area of the city was a `51 5,35 5305 5146. mixture of uses; made up of single family residential, duplexes, multi-family and commercial properties. The purpose of the overlay district was to recognize the mix of uses that existed at that time and to no longer permit commercial properties within the Hyde Park district. This property was part of a replat that the City reviewed and approved in 2005 to create 16 new single family lots for the Gateway West redevelopment project. The subject property was formerly used as a used car dealership, known as Frank's Used Cars. In 1996, the City's Housing and Redevelopment Authority (HRA) purchased the property and in 2005,the building that existed on the site was demolished. The S-1, Hyde Park Neighborhood code requires a 5 ft. setback for an attached garage to a single family home if the height of the garage is no more than 14 ft. When this lot was replatted in 2005, utility easements were dedicated on the lot to protect existing utilities on the site. The building permit was issued this year to allow construction of the proposed house, see plan attached in your packet. The petitioner's surveyor failed to show the utilities on the survey submitted with the building permit application, and the permit was issued. Once City staff determined that there is a sewer pipe that runs along the southern line of the property,the City required the petitioner to move the house to the north to avoid constructing the house over the pipe. The day construction was to start on the new home,the City's sewer department was out verifying the location of the pipe and realized that the City's as-built drawings of the sewer pipe location were inaccurate and if the home wasn't moved even further north on the lot, the house was going to be built over the sewer line. This was not an option for the builder or the City. As a result, the petitioner is seeking the proposed variance request. Permission was granted by City staff to start the home in light of the fact that the temperatures were nearing 50 degrees below zero, the sewer and water lines had been exposed, and the excavation would need to be closed as soon as possible.A new ductile iron pipe was installed by the City to replace the existing clay tile sewer pipe.This replacement was done in part because it was an excellent opportunity while the sewer was exposed to get the new pipe in, and, by replacing it, it limits the probability of having to excavate and replace the pipe, once the home has been constructed. City code allows attached garages to be 3 ft.from the property line when a single stall garage is converted to a double stall garage, so this setback exists on other properties within the City. PRACTICIAL DIFFICULTIES Variances may be granted if practical difficulties exist on the property. Practical difficulties are met based on the following findings of fact: Is the variance in harmony with the purpose and intent of the ordinance? • The intent of the side yard setback is to ensure that there is adequate separation between neighboring houses and sufficient room for green space. The placement of the new house will still allow a 3 ft. side yard setback on the north side of the house. The detached garage on the lot north of the subject property is approx. 15 ft.from the property line and the house is approx. 40 ft. from the property line. Adequate separation will exist between the new home and the neighbor's buildings. Is the variance consistent with the Comprehensive Plan? • The Comprehensive Plan guides this property as redevelopment, which is what is occurring on this property; as a result it is consistent with the Plan. Does the proposal put the property to use in a reasonable manner? • The use of the property for a new single family home is a reasonable use of the property. Adequate separation will exist between the new home and the neighbor's buildings. Are there unique circumstances to the property, not created by the landowner? • Unique circumstances do exist on this property. The City's utility as-built drawings showed an inaccurate location of the sewer pipe on the subject property. A building permit for the proposed house had already been granted. Additional fiscal contribution would not have resolved the situation and movement of the pipe was not an option due to the location of existing water lines and requirements for adequate separation of water and sewer lines. Will the variance, if granted, alter the essential character of the locality? • The essential character(single family homes)of the area will not be altered. RECOMMENDATIONS City Staff recommends approval of this variance request. • Practical difficulties exist—City's as-built drawings showed wrong location of sewer pipe and adequate separation is required between water and sewer lines. 'Of.® 3.rdsr 1 IROOP yens MI REGIJIRED POOr mans As netatew "IlOwnerneerworlam...s..mr.mo Al° r ele :4 1‘6° CM* ,I.. 1 ,d '".. .....;..•.. .J: NM "Irdira ' ..,:imme._a.....v,..,.. . . . = iffiligir ,--- -.1....... , ....4...7.: am smIL,f --.--1 r-re "-' i,o -.cilie re- I.O. illi CM*. ,_ ' nk CM*. CM. Ni****1,...... OW* r•or - ig•-•• moor VINT'S 10 MUM, -- ..,--.- simm...•••••• aim& ............ ki IN 4 - - -u, - ......,— _ — L i 1 r . , --_,. ..,,. al•••••• Ito, owe. --._ - 7::, .. •:.- eicoa.e.V 4'.1.-0* =. "'.. '' '' .- .•', ItIalljraYATION 11411111111 — er-ALe.1/4".10° 14411 .—._,..- -` .......---.Ei... -...--...ii , ' " I-O• ), i 1 i --• •• -- --1='-.=--,--11- 7.-..g- —1 11114111! . 41- --=-••. =----.--=--_--- ---------...-4.--, - ! ....- . ammin non• is ; 111!4641/ MAILKLED.TION ff1/409..._ 1 (..,1 I , !MON RUM WALL 1/4".1‘0. ) 2291AlerHALT amaze — Ackh, -.....--E.—............ 11. ' 8.L... le_ IA — , 1. ,..... L 4pdhui... -- ___... ,. ..111.,.. _.1 A„,.. . 011mtlithm... 4,0plaaL_____ -1:111L- ---g.• '4111itaillair, , . • . . k b b ;- .,,. .,1 A 'Alla. r 1 ifk IP ...... .' A., " •MM11111.111.1.1. ' V.4 VII E riPell --.4m eminumii•• - - -- . — , -.,unmiump- ..4-0- _lap ....isk • - . .• . SCAM V 4%.1%-0KM MAKIN \ „.. , = .'''''‘' l ..M7ifilMM a'''' a'a'aia”' 22519MMIALTRIIMILM6 re.)7. / j''' I r.f_MA ,trem a NI II pm . ' 1111111 iiiiiiiiii741 NMI 11111 Alig owe ......1........ _inTral=lif_erti E •--"• " L 41111111 li111111111111111h. gmmilipt......m. ,itimmiummum'sok.— F , P-1:C j211;41A. i !,i .. •%:a.in.r:• :::3 4111111111111111111Millik,—___. , rparga.n-AyIIAI•IAuIIAlIt.iMi-k-M,12.M-lo-gi.Nllo.s1.io11m1111.m . MAanIaJtA11in1M11cO11aR111mM111m1I1ALin1iO11m1L1uI1Mn111m11I1.1u1-111m211911.1011I11N1,0- ,.- Mil.SOFT idinicaltim.ai, 1:Mta 11111111111101111111111Mit — r-0 So. fflig2.1 , __________________ 11 ,_ ,--. b 0 .1 = 1/1 r. . 1 - . a al Al ' ' =— HA 7-Vithl-e" =E =t 1 li Op i =N. 3 EMINM1111 6111.11111.111111MENE cusTo I a ... i : —1- 111611•Min I Okmlisk g ..... INM 4. "11.'' ''' 0 0 6 I , DEDEDEl. B1110000000— _ . mom. 111*.09 ' _,..„__ 11 1 ---.. . .--... .. ht ter.CMOTLOOR01.0.00 9U L.111712ALT rrif .WAN IrtiMihre . 1 TilITILIEW-Zi sirrr--214K-31i i PA—.-ti,f° DITakrcrefil il I-H-1 D CD ED'P....m-4_OD OD DO 0'MIT Lit. ilttnelto IP44.0 UMMILLMIA 1•41.00 MOM. ~V '4 1111 .101=. 1M..... .111. .-- E!rfeAiRiVMEI .rj..gr!rirnrrre gi.aall."Z,n611.iir:MCGIMMITN•MiliVai MI.[ail la 111 0 wis gm is El r ,i,4:, Ir ---lim —T.Immr,--zolii-Eionmz--r.mesniti mociiirmairord Nom mii. -'s Iri i sum _______ ____ va 0, 0 w neemeLAss • , U AGENDA ITEM CITY COUNCIL MEETING OF MARCH 24, 2014 CITY OF FRIDLEY Date: March 18, 2014 To: Walter T. Wysopal, City Manager44/ From: Scott Hickok, Community Development Director Julie Jones, Planning Manager Stacy Stromberg, Planner Subject: Resolution approving Variance Request,VAR#14-01, Novak-Fleck Inc. REQUEST The petitioner, Dave Byrne of Novak-Fleck, Inc., who is the builder and current property owner for the lot at 58013`d Street, is requesting a variance to reduce the side yard setback of an attached garage from 5 ft. to 3 ft.to allow the construction of a new single family home. • • The S-1, Hyde Park Neighborhood code t „ ` I requires a 5 ft. setback for an attached d !nt, ,. garage to a single family home if the height —1 of the garage is no more than 14 ft. When m. this lot was replatted in 2005, utility = @ k easements were dedicated on the lot to , E, protect existing utilities on the site. s' I The petitioner's surveyor failed to show the Tt utilities on the survey submitted with the I building permit application, and the building -, o permit for the new house was issued. Once City staff determined that there is a sewer pipe that runs along the southern line of the -= I '` property, the City required the petitioner to move the house to the north to avoid constructing the house over the pipe. The day construction was to start on the new home,the City's sewer department was out verifying the location of the pipe and realized that the City's as-built drawings of the sewer pipe location were inaccurate and if the home wasn't moved even further north on the lot,the house was going to be built over the sewer line. There was not another reasonable option for the builder or the City. As a result, the petitioner is seeking the proposed variance request. 29 APPEALS COMMISSION RECOMMENDATION At the March 5, 2014, Appeals Commission meeting, a public hearing was held for VAR#14-01. After a brief discussion,the Appeals Commission recommended approval of the variance, with no stipulations. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMENDATION City Staff recommends concurrence with the Appeals Commission and approval of the attached resolution. 30 City of Fridley Land Use Application VAR#14-01 March 5,2014 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Novak-Fleck Inc. SUMMARY OF PROJECT Dave Byrne Dave Byrne,who is representing Novak-Fleck Inc., 8857 Zealand Avenue North the builder and current property owner of the lot at Brooklyn Park MN 55445 5801 3rd Street, is seeking a variance to reduce the Requested Action: side yard setback for an attached garage from 5 ft. Variance to reduce the side yard setback to 3 ft.to allow the construction of a new single Existing Zoning: family home. S-1 (Hyde Park Neighborhood) SUMMARY OF PRACTICAL DIFFICULITIES Location: The City's as-built drawings showed the wrong 5801 3rd Street NE location of the existing sewer pipe that runs through Size: the lot, which caused the new home location to be 10,796 sq. ft. 24 acres modified to allow adequate separation from the sewer pipe. Existing Land Use: New home being constructed on vacant lot SUMMARY OF ANALYSIS City Staff recommends approval of this variance Surrounding Land Use &Zoning: request. N: Single Family &S-1 • Practical difficulties exist—City's as-built E: University Avenue & ROW drawings showed wrong location of sewer pipe S: Single Family &S-1 CITY COUNCIL ACTION/60 DAY DATE W: Single Family&S-1 City Council—March 24, 2014 Comprehensive Plan Conformance: 60 Day—April 1, 2014 Consistent with Plan Zoning Ordinance Conformance: Section 205.23.5.D(2)(b) requires a side - 44 yard setback of five (5)feet for an attached i `„` garage. Zoning History: . ' 2007—Lot is platted. �� ; t. I f 2014—New home currently under construction. Legal Description of Property: Lot 1 and Lot 1A, Block 1, Gateway West Second Addition. 1 1 '` 74 •.� Public Utilities: New home will be connected. Transportation: w, rd ttA_artt� s 3 Street provides access to the property. Physical Characteristics: Aerial of Property Flat, typical suburban lot. Staff Report Prepared by:Stacy Stromberg 31 Land Use Application Variance #14-01 REQUEST The petitioner, Dave Byrne of Novak-Fleck, Inc., who is the builder and current property owner for the lot at 5801 3rd Street, is requesting a variance to reduce the side yard setback of an attached garage from 5 ft.to 3 ft. 44, SUMMARY OF PRACTICAL DIFFICULITIES 900)3.00 The City's as-built drawings showed the wrong location r 4 of the existing sewer pipe that runs through the lot, 4 which caused the new home location to be modified to la;' I 51160 allow adequate separation from the sewer pipe. ANALYSIS '-°'s"' The property is zoned.S-1, Hyde Park Neighborhood as » mr-ItT, St30 1"3: are the properties to the north,west and south. """� �� � r ;;of33, University Avenue borders the property on the east side. ', x x � In 1976,the City Council created the S-1 Hyde Park Overlaydistrict which applied onlyto the properties 3.� located between Main Street and University Avenue and A p0y q, 57 I/1 AVE NE 57th Place and 61st Avenue. This area of the city was a ,n or Att� � , mixture of uses; made upof single familyresidential, duplexes, multi-family and commercial properties. The purpose of the overlay district was to recognize the mix of uses that existed at that time and to no longer permit commercial properties within the Hyde Park district. This property was part of a replat that the City reviewed and approved in 2005 to create 16 new single family lots for the Gateway West redevelopment project The subject property was formerly used as a used car dealership, known as Frank's Used Cars, In 1996, the City's Housing and Redevelopment Authority(HRA) purchased the property and in 2005, the building that existed on the site was demolished. The S-1, Hyde Park Neighborhood code requires a 5 ft. setback for an attached garage to a single family home if the height of the garage is no more than 14 ft. When this lot was replatted in 2005, utility easements were dedicated on the lot to protect existing utilities on the site. The building permit was issued this year to allow construction of the proposed house, see plan attached in your packet. The petitioner's surveyor failed to show the utilities on the survey submitted with the building permit application, and the permit was issued. Once City staff determined that there is a sewer pipe that runs along the southern line of the property,the City required the petitioner to move the house to the north to avoid constructing the house over the pipe. The day construction was to start on the new home,the City's sewer department was out verifying the location of the pipe and realized that the City's as-built drawings of the sewer pipe location were inaccurate and if the home wasn't moved even further north on the lot,the house was going to be built over the sewer line. This was not an option for the builder or the City. As a result, the petitioner is seeking the proposed variance request. Permission was granted by City staff to start the home in light of the fact that the temperatures were nearing 50 degrees below zero,the sewer and water lines had been exposed, and the excavation would need to be closed as soon as possible.A new ductile iron pipe was installed by the City to replace the 32 existing clay tile sewer pipe.This replacement was done in part because it was an excellent opportunity while the sewer was exposed to get the new pipe in, and, by replacing it, it limits the probability of having to excavate and replace the pipe, once the home has been constructed. City code allows attached garages to be 3 ft from the property line when a single stall garage is converted to a double stall garage, so this setback exists on other properties within the City. PRACTICIAL DIFFICULTIES Variances may be granted if practical difficulties exist on the property. Practical difficulties are met based on the following findings of fact: Is the variance in harmony with the purpose and intent of the ordinance? • The intent of the side yard setback is to ensure that there is adequate separation between neighboring houses and sufficient room for green space. The placement of the new house will still allow a 3 ft. side yard setback on the north side of the house. The detached garage on the lot north of the subject property is approx. 15 ft.from the property line and the house is approx. 40 ft from the property line. Adequate separation will exist between the new home and the neighbor's buildings. Is the variance consistent with the Comprehensive Plan? • The Comprehensive Plan guides this property as redevelopment,which is what is occurring on this property; as a result it is consistent with the Plan. Does the proposal put the property to use in a reasonable manner? • The use of the property for a new single family home is a reasonable use of the property. Adequate separation will exist between the new home and the neighbor's buildings. Are there unique circumstances to the property, not created by the landowner? • Unique circumstances do exist on this property. The City's utility as-built drawings showed an inaccurate location of the sewer pipe on the subject property. A building permit for the proposed house had already been granted. Additional fiscal contribution would not have resolved the situation and movement of the pipe was not an option due to the location of existing water lines and requirements for adequate separation of water and sewer lines. Will the variance, if granted, alter the essential character of the locality? • The essential character(single family homes)of the area will not be altered. RECOMMENDATION City Staff recommends approval of this variance request. • Practical difficulties exist—City's as-built drawings showed wrong location of sewer pipe and adequate separation is required between water and sewer lines. 33 CITY OF FRIDLEY APPEALS COMMISSION MEETING March 5,2014 CALL TO ORDER: Chairperson Sielaff called the Appeals Commission meeting to order at 7:03 p.m. ROLL CALL: MEMBERS PRESENT: Michelle Drury Blaine Jones Brad Sielaff MEMBERS ABSENT: David Ostwald OTHERS PRESENT: Stacy Stromberg, Planner Rick Novak,Novak-Fleck, Inc APPROVAL OF MINUTES: October 2, 2013 MOTION by Commissioner Jones, seconded by Commissioner Drury,to approve the minutes. UPON A UNANIMOUS VOICE VOTE, CHAIRPERSON SIELAFF DECLARED THE MOTION CARRIED. 1. PUBLIC HEARING: Consideration of a Variance, VAR #14-01, by Novak-Fleck, Inc., to reduce the side yard setback for an attached garage from 5 feet to 3 feet, to allow the construction of a new single-family home,generally located at 5801 3rd Street. MOTION by Commissioner Jones to open the public hearing. Seconded by Commissioner Drury. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SIELAFF DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED AT 7:04 P.M. Stacy Stromberg, City Planner, stated the petitioner, Dave Byrne of Novak-Fleck, Inc., who is the builder and current property owner for the lot at 5801 3rd Street, is requesting a variance to reduce the side yard setback of an attached garage from 5 feet to 3 feet. Ms. Stromberg stated the City's as-built drawings showed the wrong location of the existing sewer pipe that runs through the lot, which caused the new home location to be modified to allow adequate separation from the sewer pipe. Ms. Stromberg stated the property is zoned S-1, Hyde Park Neighborhood as are the properties to the north,west and south. University Avenue borders the property on the east side. In 1976 the City Council created the S-1, Hyde Park Overlay district which applied only to the properties located between Main 1 34 Appeals Commission Meeting March 5, 2014 Page 2 of 4 Street and University Avenue and 57th Place and 61' Avenue. This area of the City was a mixture of uses; made up of single-family residential, duplexes, multi-family and commercial properties. The purpose of the overlay district was to recognize the mix of uses that existed at that time and to no longer permit commercial properties within the Hyde Park district. Ms. Stromberg stated this property was part of a replat that the City reviewed and approved in 2005 to create 16 new single family lots for the Gateway West redevelopment project. The subject property was formerly used as a used car dealership, known as Frank's Used Cars. In 1996 the City's Housing and Redevelopment Authority (HRA) purchased the property and. in 2005, the building that existed on the site was demolished. Ms. Stromberg stated the S-1, Hyde Park Neighborhood code requires a 5-foot setback for an attached garage to a single-family home if the height of the garage is no more than 14 feet. When this lot was replatted in 2005, utility easements were dedicated on the lot to protect existing utilities on the site. The building permit was issued this year to allow construction of the proposed house. The petitioner's surveyor failed to show the utilities on the survey submitted with the building permit application, and the permit was issued. Once City staff determined there was a sewer pipe that runs along the southern line of the property, the City required the petitioner to move the house to the north to avoid constructing the house over the pipe. Ms. Stromberg stated the day construction was to start on the new home, the City's sewer department was out verifying the location of the pipe and realized that the City's as-built drawings of the sewer pipe location were inaccurate and if the home was not moved even further north on the lot, the house was going to be built over the sewer line. This was not an option for the builder or the City. As a result, the petitioner is seeking the proposed variance request. Ms. Stromberg stated permission was granted by City staff to start the home in light of the fact that the temperatures were nearing 50 degrees below zero, the sewer and water lines had been exposed, and the excavation would need to be closed as soon as possible. A new ductile iron pipe was installed by the City to replace the existing clay tile sewer pipe. This replacement was done in part because it was an excellent opportunity while the sewer was exposed to get the new pipe in and, by replacing it, it limits the probability of having to excavate and replace the pipe, once the home has been constructed. Ms. Stromberg stated City code allows attached garages to be 3 feet from the property line when a single-stall garage is converted to a double-stall garage, so this setback exists on other properties within the City. Ms. Stromberg stated variances may be granted if practical difficulties exist on the property. Practical difficulties are met based on the following findings of fact: Is the variance in harmony with the purpose and intent of the ordinance? • The intent of the side yard setback is to ensure that there is adequate separation between neighboring houses and sufficient room for green space. The placement of the new house will still allow a 3-foot side yard setback on the north side of the house. The detached garage on the lot north of the subject property is approximately 15 feet from the property line and the house is approximately 40 feet from the property line. Adequate separation will exist between the new home and the neighbor's buildings. 2 35 Appeals Commission Meeting March 5, 2014 Page 3 of 4 Is the variance consistent with the Comprehensive Plan? • The Comprehensive Plan guides this property as redevelopment, which is what is occurring on this property; as a result it is consistent with the Plan. Does the proposal put the property to use in a reasonable manner? • The use of the property for a new single family home is a reasonable use of the property. Adequate separation will exist between the new home and the neighbor's buildings. Are there unique circumstances to the property,not created by the landowner? • Unique circumstances do exist on this property. The City's utility as-built drawings showed an inaccurate location of the sewer pipe on the subject property. A building permit for the proposed house had already been granted. Additional fiscal contribution would not have resolved the situation and movement of the pipe was not an option due to the location of existing water lines and requirements for adequate separation of water and sewer lines. Will the variance, if granted, alter the essential character of the locality? • The essential character(single-family homes)of the area will not be altered. Ms. Stromberg stated City Staff recommends approval of this variance request as practical difficulties exist. MOTION by Commissioner Drury to close the public hearing. Seconded by Commissioner Jones. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SIELAFF DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 7:12 P.M. Chairperson Sielaff asked the petitioner whether he wanted to make any comments? Rick Novak,Novak-Fleck Inc., replied, no, Ms. Stromberg has done a good job. Commissioner Drury stated she did not see any problems with this. Chairperson Jones stated he saw no problems with it either. MOTION by Commissioner Jones approving Variance, VAR #14-01, by Novak-Fleck, Inc., to reduce the side yard setback for an attached garage from 5 feet to 3 feet, to allow the construction of a new single-family home, generally located at 5801 3`d Street. Seconded by Commissioner Drury. UPON A UNANIMOUS VOICE VOTE, CHAIRPERSON SIELAFF DECLARED THE MOTION CARRIED. 2. UPDATE ON PLANNING COMMISSION& CITY COUNCIL ACTIONS. Ms. Stromberg stated as to a couple of things the Planning Commission has been reviewing, Tri-dent Development is proposing three multi-family buildings on the corner of 61st and University. It is the land Fridley refers to as Gateway Northeast that is owned by the HRA. They have had a lot of meetings on 3 36 Appeals Commission Meeting March 5, 2014 Page 4 of 4 this development, and are hoping they will break ground with the first building this summer. That first phase will be right on the corner of 61St and University. Chairperson Sielaff asked Ms. Stromberg how long did she think it will take to get the first phase done? Ms. Stromberg replied, about 12 months. And then hopefully 12 months after that to get it fully leased. Ms. Stromberg stated next month they will be reviewing the first plat for the Paul Hyde Development on the BAE site. That is now being called Northern Stacks. It sounds like Mr. Hyde would like to start construction on his first building this spring-summer. At least starting the cleanup with the building being constructed right after that. 3. OTHER BUSINESS: Rosenberg Rules of Order MOTION by Commissioner Jones approving the new rules and guidelines of the Rosenberg Rules of Order. Seconded by Commissioner Drury. UPON A UNANIMOUS VOICE VOTE, CHAIRPERSON SIELAFF DECLARED THE MOTION CARRIED. ADJOURNMENT: MOTION by Commissioner Jones, seconded by Commissioner Drury,to adjourn the meeting. UPON A UNANIMOUS VOICE VOTE, CHAIRPERSON SIELAFF DECLARED THE MEETING ADJOURNED AT 7:16 P.M. Respectfully submitted by, Denise M.Johnson Recording Secretary 4 37 RESOLUTION NO. 2014 - A RESOLUTION APPROVING VARIANCE VAR# 14-01 TO ALLOW A 3 FOOT SIDE YARD SETBACK WHERE 5 FEET IS REQUIRED ON THE NORTH SIDE OF THE LOT; FOR THE PROPERTY GENERALLY LOCATED AT 5801 3" STREET NE, PETITIONED BY NOVAK-FLECK INCORPORATED WHEREAS, on January 31, 2014, an application for a Variance was submitted for the property located at 5801 3rd Street NE and legally described as: Lots 1 and 1A,Block 1, Gateway West Second Addition. WHEREAS, Section 205.23.5.D.(2)(b) of the Fridley City Code requires a side yard setback of five (5) feet for an attached garage, in the S-1, Hyde Park Neighborhood ; and WHEREAS, Section 205.05.06 of the Fridley City Code allows a variance to be granted where practical difficulties or unique circumstances exist that cause undue hardship in the strict application of the City Code; and WHEREAS, variance application, VAR #14-01 submitted by Novak-Fleck Incorporated, for the property at 5801 3rd Street NE, requests to reduce the side yard setback from 5 ft. to 3 ft., as depicted in Exhibit A,to allow the construction of a new house; and WHEREAS, on March 5, 2014, the Fridley Appeals Commission held a public hearing to consider variance request, VAR#14-01; and WHEREAS, a practical difficulty or uniqueness was found to exist based on the following findings: a. The request is in harmony with the general purpose and intent of the City Ordinance and is consistent with the Comprehensive Plan to allow the redevelopment of the property for a single family house. b. The request is not out of character for the neighborhood and the reduced side yard setback does not appear to have any adverse impacts on neighboring properties as there is sufficient open space between the new house and the neighboring structures. c. Unique circumstances exist on the property,related to: 1. The City's utility as-built drawings showed an inaccurate location of the sewer pipe on the south side of the subject property. 2. The location of said sewer pipe, limits the placement of the new house on the subject property. 3. The relocation of sewer pipe is not feasible due to location of water line and State Code separation requirements for water and sewer lines. WHEREAS, at the March 5, 2014, meeting, the Appeals Commission unanimously approved Variance,VAR#14-01 based on the above findings; and 38 WHEREAS, on March 24,214,the Fridley City Council approved Variance VAR,#14-01; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley that Variance, VAR# 14-01 is hereby adopted and approved based on the above findings by the City Council of the City of Fridley. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 24TH DAY OF MARCH, 2014. SCOTT LUND - MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK 39 HY-LAND SURVEYING, P.A.© LAND SURVEYORS 847.83 Top of Block 11947 Idaho Ave. N. INVOICE NO. 33262 Champlin, Minnesota 55316 F.B. NO._ XXX 847.46Garage Floor PHONE (763) 323-1300 SCALE 1"= 20' FAX (763) 323-7035 0 Denotes Iron Monument Found 839.83 Lowest Floor hylandsurveyigwestoffice.net x000.0 Denotes Existing Elevation Type of Building - 1trutgors (aertifirtttt Address: 5801 3rd ST. NE FULL BASEMENT NOTE: PROPERTY CORNERS N SET BY DEVELOPERS SURVEYOR I "AS BUILT" W —® E NOVAK FLECK S r_riTC 1 rf 844.91 a 134.94 S8913'00"E W LJ o in O �' 22.33 n — — 1--� 10 No Z o; 0 I10 W - -1 A I-l 2.0E-1 .0 IJ W 26.17 �� 11.67o ? z 0 Wv X4. 67 Z2 0 $j w 0 p wNl v (� — � Q O E--1Z Q az w to Z M XZ -' p O 1--i _ W p I co C/) I O Easement to be Vacated. O 9.33, . W 00 Sanitary Sewer S-U)—S —S S S S S S S S- --S- ----s S FV-1 p 1�1 cinIiI 844.97 —w—W'—w—w---W.—W , r'S'-1Y- Iw V W w w o w Z TC 134.94 1189'13 0 W Water Main along the South line Lots 1 and 1A, Block 1, GATEWAY WEST 2ND ADDITION . This survey is certified only to the above named person or persons and not to subsequent owners,mortgages or title Insurers. The only easements shown ore from plats of record ots 1 a byclient. /�����y` /. L r I hereby certify thot this survey was prepared by me or under r....,.." my direct supervision, and that I om o duly Registered Land Surveyor under the lows of the State of Minnesota. Signed Surveyed by us this 20TH day of FEBRUARY 20 14 Milton E. Hyland, Minn. Reg. No. 20262 Revised March 21, 2014 40 RESOLUTION NO. 2014 - 30 A RESOLUTION APPROVING VARIANCE VAR# 14-01 TO ALLOW A 3 FOOT SIDE YARD SETBACK WHERE 5 FEET IS REQUIRED ON THE NORTH SIDE OF THE LOT; FOR THE PROPERTY GENERALLY LOCATED AT 5801 3RD STREET NE, PETITIONED BY NOVAK-FLECK INCORPORATED WHEREAS, on January 31, 2014, an application for a Variance was submitted for the property located at 5801 3rd Street NE and legally described as: Lots 1 and 1A, Block 1, Gateway West Second Addition. WHEREAS, Section 205.23.5.D.(2)(b) of the Fridley City Code requires a side yard setback of five (5) feet for an attached garage, in the S-1, Hyde Park Neighborhood ; and WHEREAS, Section 205.05.06 of the Fridley City Code allows a variance to be granted where practical difficulties or unique circumstances exist that cause undue hardship in the strict application of the City Code; and WHEREAS, variance application, VAR #14-01 submitted by Novak-Fleck Incorporated, for the property at 5801 3rd Street NE, requests to reduce the side yard setback from 5 ft. to 3 ft., as depicted in Exhibit A, to allow the construction of a new house; and WHEREAS, on March 5, 2014, the Fridley Appeals Commission held a public hearing to consider variance request, VAR#14-01; and WHEREAS, a practical difficulty or uniqueness was found to exist based on the following findings: a. The request is in harmony with the general purpose and intent of the City Ordinance and is consistent with the Comprehensive Plan to allow the redevelopment of the property for a single family house. b. The request is not out of character for the neighborhood and the reduced side yard setback does not appear to have any adverse impacts on neighboring properties as there is sufficient open space between the new house and the neighboring structures. c. Unique circumstances exist on the property, related to: 1. The City's utility as-built drawings showed an inaccurate location of the sewer pipe on the south side of the subject property. 2. The location of said sewer pipe, limits the placement of the new house on the subject property. 3. The relocation of sewer pipe is not feasible due to location of water line and State Code separation requirements for water and sewer lines. WHEREAS, at the March 5, 2014, meeting, the Appeals Commission unanimously approved Variance, VAR#14-01 based on the above findings; and Resolution No. 2014-30 Page 2 WHEREAS, on March 24, 214, the Fridley City Council approved Variance VAR, #14-01; and NOW, THEREFORE, BE IT RESOLVED,by the City Council of the City of Fridley that Variance, VAR# 14-01 is hereby adopted and approved based on the above findings by the City Council of the City of Fridley. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 24TH DAY OF MARCH, 2014. %4214'`K SCOTT LUND - MAYOR ATTEST: DEBRA A. SKOGE CITY CLERK cxHssr4 HY-LAND SURVEYING, P.A.© LAND SURVEYORS 847.83 Top of Block 11947 Idaho Ave. N. INVOICE NO. 33262 Champlin, Minnesota 55316 F.B. NO, XXX 847.46Garage Floor PHONE (763) 323-1300 SCALE 1"= 20' FAX (763) 323-7035 0 Denotes Iron Monument Found 839.83 Lowest Floor hylandsurvey®gwestoffice.net x000.0 Denotes Existing Elevation Type of Building — ``�urujnrz (IPrtifirntt Address: 5801 3rd ST. NE FULL BASEMENT NOTE: PROPERTY CORNERS N SET BY DEVELOPERS SURVEYOR I "AS BUILT" w —0_ ® E NOVAK FLECK S WTC 844.910 134.94 S8913'00"E W 4l N' o O Ni 22.33 ' — — � 10 N Z co 0 10 ° °°i I w '1 A I- 2.0 I /1—t '' / W 7 < 26.17 N 30. 11.67 0 1- O Qt Z WX4.67 ,=j g O :y v Z 2.0 w 1 O o E—I o z17-- QL,,,j 01 t`, Cr) o N No o a _ H Z M X Z rr O 1-1 W I d (U) Od Easement to be Vacated. j r^, 00 Sanitary Sewer F--1 '1 0 —S-10—S S s—S S S S S S A S 'n S S � 844.97 W--W—W—W.—W , N 1Pl VV'M W O W Z llC''J.`✓JJ TC 134.94 N89'13'00 W Water Main Ialong the South line Lots 1 and 1A, Block 1, GATEWAY WEST 2ND ADDITION This survey is certified only to the above nomad person or persons and not to subsequent owners,mortgages or title insurers. The only easements shown ore from plats of record verified by client. / r I hereby certify that this survey wos prepared by me or under 4.: i9.0.-t-t‘:2 my direct supervision, and that I om a duly Registered Land Surveyor under the lows of the State of Minnesota. Signed Surveyed by us this 20TH doy of FEBRUARY 20 14 Milton E. Hyland, Minn. Reg. No. 20262 Revised March 21, 2014 111111111111111111111111111111111111111111111 Record ID 2754058 2079993 . 007 STATE OF MINNESOTA ) CITY COUNCIL PROCEEDINGS VARIANCE COUNTY OF ANOKA ) CITY OF FRIDLEY ) In the Matter of: A Variance, VAR #14-01 Owner: Novak-Fleck Inc. The above entitled matter came before the City Council of the City of Fridley and was heard on the 24th day of March, 2014, on a petition for a variance pursuant to the City of Fridley's Zoning Ordinance, for the following described property: To allow a 3 foot side yard setback where 5 feet is required on the north side of the lot, legally described as Lots 1 and 1A, Block 1, Gateway West Second Addition, generally located at 5801-31d Street NE. IT IS ORDERED that a variance be granted as upon the following conditions or reasons: Approval with no stipulations. See Resolution 2014-30. STATE OF MINNESOTA ) COUNTY OF ANOKA ) OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) 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 1 day of t'44M .. j 2014. DRAFTED BY: City of Fridley 6431 University Avenue N.E. 4 Fridley, MN 55432 Debra A. Skogen, City Clerk Sit" ,;�• , ;.- Variances are valid for a period of one year following approval and shall be considered void if not used within that period. EXHIBIT A HY- LAND SURVEYING , P .A.© LAND SURVEYORS 847.83 Top of Block 11947 Idaho Ave. N. INVOICE NO. 33262 Champlin, Minnesota 55316 XXX F.B. NO. 847.46 Garage Floor PHONE (763) 323-1300 SCALE 1"= 20' FAX (763) 323-7035 0 Denotes Iron Monument Found 839.83 Lowest Floor hylandsurvey©qwestoffice.net x000.0 Denotes Existing Elevation Type of Building — 3ururgors Trrtifirttte Address: 5801 3rd ST. NE FULL BASEMENT NOTE: PROPERTY CORNERS N SET BY DEVELOPERS SURVEYOR " AS BUILT" W il— � E I NOVAK FLECK S W 844.91 0 TC 134.94 S89°13'00"E W Z c" !o 0 �'' In 22.33 ° — — ' 10 0 I z ' CD 054 10 1 A F- I j < 26.1 7 >2.0 11.67 0 I /—\ J W DI— 0 r• Z _ W XW4.67 Z 2 0 wOp 0 00 � XI p E--1 o z Q W Cn 0 ct I , e=- Q o z o Q oz c Xz o 0 H w o I o U) O Easement to be Vacated. 0 , , , 2,9.33, , , W Sanitary Sewer Q S s-Ln—s —s S S s s s s ss s A s o 844.97 voW—'W W-134.94 3 4 N 89°13 0,, Water Main W www Z along the South line Lots 1 and 1A, Block 1 , GATEWAY WEST 2ND ADDITION This survey is certified only to the above named person or persons and not to subsequent owners, mortgages or title insurers. The only easements shown are from plats o record of information provided by client. All building dimensions and floor elevations must be verified by client. I hereby certify that this survey was prepared by me or under0.264, ,. #idel, my direct supervision, and that I am a duly Registered Land Surveyor under the laws of the State of Minnesota. Signed Surveyed by us this 20TH day of FEBRUARY , 20 14 Milton E. Hyland, Minn. Reg. No. 20262 Revised March 21, 2014 RESOLUTION NO. 2014 - 30 A RESOLUTION APPROVING VARIANCE VAR# 14-01 TO ALLOW A 3 FOOT SIDE YARD SETBACK WHERE 5 FEET IS REQUIRED ON THE NORTH SIDE OF THE LOT; FOR THE PROPERTY GENERALLY LOCATED AT 5801 3RD STREET NE, PETITIONED BY NOVAK-FLECK INCORPORATED WHEREAS, on January 31, 2014, an application for a Variance was submitted for the property located at 5801 3rd Street NE and legally described as: Lots 1 and IA, Block 1,Gateway West Second Addition. WHEREAS, Section 205.23.5.D.(2)(b) of the Fridley City Code requires a side yard setback of five (5) feet for an attached garage, in the S-1, Hyde Park Neighborhood;and WHEREAS, Section 205.05.06 of the Fridley City Code allows a variance to be granted where practical difficulties or unique circumstances exist that cause undue hardship in the strict application of the City Code; and WHEREAS, variance application, VAR #14-01 submitted by Novak-Fleck Incorporated, for the property at 5801 3rd Street NE, requests to reduce the side yard setback from 5 ft. to 3 ft., as depicted in Exhibit A, to allow the construction of a new house; and WHEREAS, on March 5, 2014, the Fridley Appeals Commission held a public hearing to consider variance request,VAR#14-01; and WHEREAS, a practical difficulty or uniqueness was found to exist based on the following findings: a. The request is in harmony with the general purpose and intent of the City Ordinance and is consistent with the Comprehensive Plan to allow the redevelopment of the property for a single family house. b. The request is not out of character for the neighborhood and the reduced side yard setback does not appear to have any adverse impacts on neighboring properties as there is sufficient open space between the new house and the neighboring structures. c. Unique circumstances exist on the property, related to: 1. The City's utility as-built drawings showed an inaccurate location of the sewer pipe on the south side of the subject property. 2. The location of said sewer pipe, limits the placement of the new house on the subject property. 3. The relocation of sewer pipe is not feasible due to location of water line and State Code separation requirements for water and sewer lines. WHEREAS, at the March 5, 2014, meeting, the Appeals Commission unanimously approved Variance, VAR#14-01 based on the above findings; and Resolution No. 2014-30 Page 2 WHEREAS, on March 24, 214, the Fridley City Council approved Variance VAR, #14-01; and NOW, THEREFORE,BE IT RESOLVED,by the City Council of the City of Fridley that Variance, VAR# 14-01 is hereby adopted and approved based on the above findings by the City Council of the City of Fridley. PASSED AND ADOP 1'ED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 24 ' DAY OF MARCH, 2014. 4142K SCOTT LUND-MAYOR ATTEST: faLQ DEBRA A. SKOGE CITY CLERK ANOKA COUNTY MINNESOTA Document No.: 2079993.007 ABSTRACT I hereby certify that the within instrument was filed in this office for record on: 04/01/2014 9:25:00 AM Fees/Taxes In the Amount of $46.00 JONELL M. SAWYER Anoka County Property Tax Administrator/Recorder/Registrar of Titles MEW, Deputy Record ID: 2754058