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VAR14-03-VOID Community Development Department City of Fridley 6431 University Avenue NE MDLffFridley MN 55432 763.572.3592 , , ► �*, ,, Fax: 763.571.1287 www.ci.fridley.mn.us VARIANCE APPLICATION FOR: Residential Commercial/Industrial/Multi-Family Signs Property Information // AlAddress: �-0 l�us L��:�(' l'vLl /V S `t Anoka County Property Identification Number(PIN#): 3C Legal Description: f 7 > S Current Zoning: Square footage of Parcel: )0� U) 66,• Reas n for Variance (one sentence summary, please attached full description) Cs 3 C d(P Fee/Property Owner Information (as it appears on property title) **Fee owner must sign this�fo,�rm riorr to processin Name (please print):, al nr e"s K LIZ7&, ���2'� Mailing re ��� _ J' City: 110 Ki State: M L, Zip code: Daytime Phone: ,' - f ',x Fax Number: Cell Phone: L _ E-mail address: 9 L�'� �� M Signature/Date: �-� �{• ' �( Petitioner Information Company Name(please print): —Aloe e Contact Person's N m (pleas .e n Mailing addre �` ' f City: State: M N Zip code. Daytime Phone: I Tto } Fax Number: Cell Phone: E-mail address: YYL . ' d ' Lapq Signature/Date: 71111 ' vZ FOR OFFICE USE ONLY Fees- ;E1,4?- -1,Single Family Residential Commercial/Industrial/Mul i-Family Residential/Signs Application Number: r -0 Receipt#: Received By: Application Date: 15 Day Application Complete Notification Date: Scheduled Appeals Commission Date: `7 'c - /t,L Scheduled City Council Date: 60 Day Date: q-/ 60 Day Extension Date: l Stromberg, Stacy From: Stromberg, Stacy Sent: Monday, April 28, 2014 1:29 PM To: 'James Lange' Subject: RE: garage addition Hi there, This is what the code says, "When the lot to the rear of a corner lot has frontage along a side street, no accessory building on the corner lot within 25 ft of the common property line shall be closer to said side street than 30 feet." So what that means is your new structure would need to be 25 ft. from your north property line,which is doubtful and 30 ft.from your east property line and your existing structure already doesn't meet that requirement. Let me know if you have any other questions. Stacy Stromberg I Planner I City of Fridley 16431 University Avenue N.E. Fridley, MN 55432 1 p.763.572.3595 I f.763.571.12871 www.ci.fridley.mn.us A Please consider the environment before printing this email. .......................................................................................................................................................................................................................................................................................... From: James Lange [mailto•langejamgs66@)am ilk Com] Sent: Thursday,April 24, 2014 7:33 AM To: Stromberg, Stacy Subject: Re: garage addition Stacy, Thanks for getting back to me. You spoke of a second variance that would be necessary (to place the driveway to the east) due to the closeness of the north property line. I'm just curious how far would I need to be from that property line? Thanks, James Lange On Tue, Apr 22, 2014 at 2:53 PM, Stromberg, Stacy<Stacy.Stromberridlevmn.gov>wrote: Hi again, My boss and I had a chance to continue our discussion and actually drove out to your property to get a better understanding of the slope. We realized while on-site that if the garage door facing Hickory Place, another variance would need to be obtained from the north property line, relating to the closest of the structure to that common property line. i As a result, we feel that the less variances you ask for the better, and would recommend going with the plan we submitted to you, despite the slope. Please let me know if you have any questions. Stacy Stromberg I Planner I City of Fridley 16431 University Avenue N.E. Fridley,MN 55432 1 p.763.572.3595 1 f.763.571.12871 www.ci.fridley.mn.us A Please consider the environment before printing this email. .......................................................................................................................................................................................................................................................................................... From: Stromberg, Stacy Sent: Tuesday, April 22, 2014 11:10 AM To: 'langejames660Qmail.com' Subject: FW: garage addition Stacy Stromberg I Planner I City of Fridley 16431 University Avenue N.E. Fridley,MN 55432 1 p.763.572.35951 f.763.571.12871 www.ci.fridley.mn.us A Please consider the environment before printing this email. .......................................................................................................................................................................................................................................................................................... From: Stromberg, Stacy Sent: Tuesday,April 15, 2014 11:34 AM To: 'lanaiames66 amail.com' Subject: garage addition Hi James, 2 We met this morning to discuss the question you had about adding onto your garage. I've attached a"messy" sketch that we made with an idea, not sure if it matches yours or not? This location, with moving the driveway, seems to be logical, but we can discuss. Since you are on corner lot, code requires that the narrowest street frontage be considered the front yard. As a result, Hickory Place would be your front yard. The expansion of your garage would need a variance to reduce the"front yard" setback. 25 ft. is required and it looks like you have about 27 ft. now, so an addition to the garage would reduce the required setback of 25 ft. City staff does feel like a variance would be justifiable, if you want to apply. I've attached the application. It is a 30-60 day process so it likely will delay your construction. The next application deadline is May 2nd Please call me when you have a moment to discuss. Thanks, Stacy Stromberg I Planner I City of Fridley 16431 University Avenue N.E. Fridley,MN 55432 1 p. 763.572.3595 1 f. 763.571.12871 www_ci_fridlex_mn_us mA Please consider the environment before printing this email. 3 Fridley City Code Chapter 205(Zoning) Section 205.07.4.A. (b) A side yard of five (5) feet is required between an attached accessory building or use and a side property line except as stated in Section 205.04.5.B (2) and (3). (Ref. 888) (c) Corner Lots: ((1)) The side yard width on a street side of a corner lot shall not be less than seventeen and one-half(17.5)feet. ((2)) When the lot to the rear of a corner lot has frontage along a side street, no accessory building on the corner lot within twenty-five (25) feet of the common property line shall be closer to said side street than thirty (30) feet; provided however, that this regulation shall not be interpreted as to reduce the buildable width of a corner lot to less than twenty-five (25) feet. ((3)) Any attached or unattached accessory building which opens on the side street, shall be at least twenty-five (25) feet from the property line of a side street. (3) Rear Yard: (a) A rear yard with a depth of not less than twenty-five percent (25%) of the lot depth is required with not less than twenty-five (25) feet permitted or more than forty (40)feet required for the main building. (b) Detached accessory buildings may be built not less than three (3)feet from any lot line in the rear yard not adjacent to a street. (4) Double Frontage: (a) The building lines will prevail in lieu of rear yard requirements. (b) The setback for garages and accessory buildings in the rear yard will be the same as for a front yard. 4. BUILDING REQUIREMENTS A. Height. No building shall hereafter be erected, constructed, reconstructed, altered, enlarged, or moved so as to exceed the building height limit of thirty (30) feet from finished grade level. le�l 'M l�Irr�vv� Dry✓�i �/� �' %koa/ Wvmwuq,/Ck Zvi M5341Z �Yvok 61,�,o A� JU� 40 CpVISbIG�f/t0 'I✓t UtI� V�s(�U vyc k/ w fvU � � c��r ���lCvUVv� Livt�v ��-' R,✓t�va,� V v Y�4 �,��, vt�ly� Vwk vv�,pit V n.� reg d vQc,12, Wr 33 . ��I��I - o�,c,�• �f lel' Ivo — Fv�v�-F 44 �c-� i i ._ ��;�� _ _ ,� � � � � �� R , �� ��� �js���, '�,� ,� 4 U {v X /,J /// _... _ ... _. I:. _. _ Contour Lines-6940 Hickory Drvie • .-,. M�''}�.+rte x • .. e 6952 y R —• 6934 (ri r Ry rn I v o 4. b_O 256833 'L 6918 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. w E Copyright©2013 City of Fridley,All Rights Reserved S Stromberg, Stacy From: James Lange [langejames66@gmail.com] Sent: Monday, June 09, 2014 12:32 PM To: Stromberg, Stacy Subject: RE: Cert. of Survey Yes, that was the plan. On Jun 9, 2014 12:19 PM, "Stromberg, Stacy" <Stacy.Stromberg_@a fridleymn.gov> wrote: Great,thank you. Will you be removing the existing driveway, if you're able to have the new driveway,therefore removing the existing curb cut? Stacy Stromberg I Planner I City of Fridley 16431 University Avenue N.E. Fridley, MN 55432 1 p.763.572.3595 1 f.763.571.12871 www.ci.fridley.mn.us A Please consider the environment before printing this email. .......................................................................................................................................................................................................................................................................................... From: James Lange [mailto:langejames66@gmail.com] Sent: Friday,June 06, 2014 9:12 AM To: Stromberg, Stacy Subject: Re: Cert. of Survey Stacey, Here is the updated to-scale survey. James Lange On Wed, Jun 4, 2014 at 5:18 PM, James Lange<langgjames66 =,gmail.com>wrote: I will contact them right away. James i On Jun 4, 2014 11:49 AM, "Stromberg, Stacy" <Stacy.Stromberg@fridleymn.gov>wrote: Hi James, The certificate of survey you submitted isn't to-scale. Can you tell your surveyor that I need a copy that is scalable? Thanks, Stacy Stromberg I Planner I City of Fridley 16431 University Avenue N.E. Fridley,MN 55432 1 p.763.572.3595 1 f.763.571.12871 www.cifti ymn.us A Please consider the environment before printing this email. 2 VOLUME No.266 PAGE 114229 CERTIFICATE OF TITLE No. 114229 Transferred from Certificate Number(s): 114132 by Document Number 496778.017 Originally registered on the 12th day of December, 1938,Volume 4 Page 68,DISTRICT COURT FILE No.542 n STATE OF MINNESOTA 1 COUNTY OF ANOKA S.S. REGISTRATION J This is to certify that , James R Lange, and Sarah Mitzel, whose address is 6940 Hickory Drive NE,in the City of Fridley and State of MN,55432 as joint tenants, are now the owners of an estate,in fee simple of and in the following described land,situated in the County of Anoka and State of Minnesota, Lot Eleven(11),Block Four(4),Ostman's Third Addition,according to the map or plat thereof on file in the Office of the Registrar of Titles in and for the County of Anoka and State of Minnesota. Subject to a perpetual easement held by the City of Saint Paul and Board of Water commissioners of the City of Saint paul to divert, take and draw water from Lake Baldwin in the County of Anoka,State of Minnesota to supply the inhabitants of the City of Saint Paul. Subject to utility,drainage and sanitary sewer easements as shown on plat Ostman's Third Addition filed February 19, 1957 as Doc. #24460. Subject to the encumbrances,liens and interest noted by the memorial underwritten or endorsed hereon;and subject to the following rights or encumbrances subsisting,as provided in Section 508.25,Minnesota Statutes,namely: 1.Liens,claims or rights arising under the laws or the Constitution of the United States,which the statutes of this state cannot require to appear of record. 2.Any real property tax or special assessment. 3.Any lease for a period not exceeding three years,when there is actual occupation of the premises under the lease. 4.All rights in public highways upon the land. 5.Such right ofappeal or right to appear and contest the application as is allowed by law. 6.The rights of any person in possession under deed or contract for deed from the owner of the certificate of title. 7.Any outstanding mechanics lien rights which may exist under Section 514.01 to 514.17. C[IYOF FRIDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE.N.E.FRIDLEY,MN 55432 (763)571-3450 • FAX(763)571-1287 • WWW.CI.FRIDLEY.MN.US June 11, 2014 James Lange 6940 Hickory Drive NE Fridley MN 55432 Dear Mr. Lange: 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 May 30, 2014. 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 2, 2014 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,that meeting will be held on July 14, 2014 at 7:00 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. Sincerely, S cy S rom rg . Planner r '= CITY OF Community Development Department FRIDLEY Public Hearing Notice 7065 c c N w 7043 7055 7035 7045 0 . 55 j 31 c O 7027 _ 7035 �. 4 AY U 7019 ... 7029.... 61 _ 51 �� jO� o 0 7011 70TH WAY N o 36 7003 4:P 120 80 70 0 o a 6996 4 �'c9cr 6961 6988 6999 co •n J 69O 6951 6987 6952 6972 co 693 6950 6879 �T '6921 6969 6911 6906 �` a,� x'11; - 7 6957 ,Q� 696 6901 ",:'6900 �� , up, 9 ) cc 69TH WAY 6901 cook 6835' 48 6825 6961 'M co 6831 6820 ' 6821 CD a� 6827 6814 6817 6823 6810 ,0 6813 6819 V 6806 = 6809 SOURCES N Fridley Engineering Fridley GIS Variance Request,VAR#14-03 Anoka County GIS Petitioner: James Lang wE Address: 6940 Hickory Dr NE Map Date:June 18, 2014 S CITY OF FRIDLEY PUBLIC HEARING NOTICE BEFORE THE APPEALS COMMISSION TO: All property owners/residents within 350 feet of property enerall located at 6940 Hickory Drive. CASE NUMBER: VAR #14-03 APPLICANT: James Lange Petitioner or representative must attend the Appeals Commission meeting. PURPOSE: Petitioner is seeking a variance to reduce the side yard setback (Hickory Place, is considered the code required front yard) from 25 feet to 18.2 feet to allow an addition to the existing garage. Also, Petitioner is seeking a variance to reduce the side yard setback on the north side of the lot due to code requiring that when the lot to the rear of the corner lot has frontage along a side street, the accessory structure needs to be setback 25 feet from the common property line. The petitioner is requesting to reduce that setback requirement from 25 feet to 20.8 feet. LOCATION OF 6940 Hickory Drive PROPERTY AND LEGAL Lot 11, Block 4, Ostman's Third Addition, Subject to Easement DESCRIPTION: of Record. DATE AND TIME OF Appeals Commission Meeting: HEARING: Wednesday, July 2, 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 June 25, 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, July 14, 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 — June 20, 2014 Easy Peel®Labels ♦ Bend along line to QAVERY 5160® Use Avery®Template 5160® Feed Paper �� expose Pop-Up Edger"" j 1 ENGESETHER CHRISTINE HANSON LORRAINE R TRUSTEE ADAMS TRUSTEE RUTH&ADAMS TRUSTEI 36 70TH WAY NE 6901 HICKORY DR NE 6922 HICKORY DR NE FRIDLEY,MN 55432-0000 FRIDLEY,MN 55432-0000 FRIDLEY,MN 55432-0000 WEIDMANN JEFFREY J&CATHEY PRENTICE PAULETTE AYU PHILIP G&NANCY C 6996 HICKORY DR NE 6950 HICKORY DR NE 60 70TH WAY NE FRIDLEY,MN 55432-0000 FRIDLEY,MN 55432-0000 FRIDLEY,MN 55432-0000 MUNSTERMAN RYAN MOREN GLEN A&KRISTINE E SWENDSRUD ERIC 61 70TH WAY NE 20 70TH WAY NE 6917 HICKORY DR NE FRIDLEY,MN 55432-0000 FRIDLEY,MN 55432-0000 FRIDLEY,MN 55432-0000 SPARRE MIRIAM DE FORGE ANTHONY F&IRENE VASECKA MARY M 7029 E RIVER RD NE 15029 AVOCET ST NW 6909 HICKORY DR NE FRIDLEY,MN 55432-0000 ANDOVER,MN 55304 FRIDLEY,MN 55432-0000 KOSHUBA JOHN S VANHEUVELN RICHARD&EILEEN SMITH LANCE R 6959 HICKORY CIR NE 6918 HICKORY DR NE 6951 HICKORY PL NE FRIDLEY,MN 55432-0000 FRIDLEY,MN 55432-0000 FRIDLEY,MN 55432-0000 WILSON TRUSTEE DONNA&WILSON TRUSTEE ROIZARG NAI&YANG YER NICHOLS ABRAHAM P&JUNE D 6941 HICKORY DR NE 80 70TH WAY NE 6949 HICKORY DR NE FRIDLEY,MN 55432-0000 FRIDLEY,MN 55432-0000 FRIDLEY,MN 55432-0000 SCHLAGEL MICHAEL K&KAREN HOFFMAN JOSEPH RIELAND CHARLES H&LUCILLE 6933 HICKORY DR NE 1484155TH LN NW 6957 HICKORY CIR FRIDLEY,MN 55432-0000 ANDOVER,MN 55304-0000 FRIDLEY,MN 55432-0000 GUAN ERIC HODGEMAN WALTER T&MARILYN LANGE JAMES 6930 HICKORY DR NE 70 70TH WAY NE 6940 HICKORY DR NE FRIDLEY,MN 55432-0000 FRIDLEY,MN 55432-0000 FRIDLEY,MN 55432-0000 SCHMIDT ROBERT A&JOYCE Y KLUENDER GERALDINE A&THOMAS SECRETARY OF HOUSING AND URBAN DEN 6925 HICKORY DR NE 6961 HICKORY PL NE 4400 WILL ROGERS PKWY STE 300 FRIDLEY,MN 55432-0000 FRIDLEY,MN 55432-0000 OKLAHOMA CITY,OK 73108 MCMARTIN JOSHUA GEORGE TARRENCE T&HELEN L RAUWORTH BRIAN K&JILL A 50 70TH WAY NE 6912 HICKORY DR NE 6972 HICKORY DR FRIDLEY,MN 55432-0000 FRIDLEY,MN 55432-0000 FRIDLEY,MN 55432-0000 l tiquettes faciles A peter Repliez a la hachure afin de I www.avery.com Utilisez le nabarit AVERY®51600i Sens de ___. r6v6ler Ie rehord Pnn-UnTM ! i_Ann-r n_evcRv i Easy Peel®Labels ♦ Bend along line to 1 gVERV® 51600 Use Avery®Template 51600 j Feed Paper expose Pop-Up EdgeTM 1 1 CHRISTIAN RUSSELL K&LOIS J FRIDLEY CITY OF 6952 HICKORY PL NE 6431 UNIVERSITY AVE NE FRIDLEY,MN 55432-0000 FRIDLEY,MN 55432-0000 ALVAREZ TELMA 6941 E RIVER RD NE FRIDLEY,MN 55432-0000 BECKSTROM BEVERLEE J 7010 HICKORY DR NE FRIDLEY,MN 55432-0000 RITTER BRITTANY 55 70TH WAY NE FRIDLEY,MN 55432-0000 FOLEY LESA 6926 HICKORY DR NE FRIDLEY,MN 55432-0000 BREHM AMY 120 70TH WAY NE FRIDLEY,MN 55432-0000 1 MARTINEZ BLANCA C 6951 E RIVER RD NE FRIDLEY,MN 55432-0000 WOOD TERRENCE D&MARY J 6971 HICKORY CIR NE FRIDLEY,MN 55432-0000 MARTINSON TIMOTHY 6969 HICKORY CIR NE FRIDLEY,MN 55432-0000 Nquettes faciles a peler Se de Repliez A la hachure afin de; www.averycom Utilisez le aabarit AVERY®516(1® rbVPIPr IP rahnrrl Pnn-I InTM I i_ann_r-n_Avcov I' City of Fridley Land Use Application VAR#14-03 July 2,2014 GENERAL INFORMATION SPECIAL INFORMATION Applicant: James Lange SUMMARY OF PROJECT 6940 Hickory Drive NE The petitioner,James Lange, is seeking two Fridley MN 55432 variances to allow his single stall garage to be Requested Action: expanded to a double stall. The first variance is to Variance to reduce the front yard setback reduce the front yard setback(Hickory Place, is Variance to reduce the common line side considered the code required front yard)from 25 ft. yard setback for a corner lot when the to 18.2 ft. The second variance is to reduce the side neighboring lot fronts on the side street. yard setback on the north side of the lot from 25 ft. Location: to 20.8. Code requires that when the lot to the rear 6940 Hickory Drive NE of the corner lot has frontage along the side street, Existing Zoning: an accessory structure needs to be setback 25 ft. R-1 (Single Family) from the common property line. Size: SUMMARY OF PRACTICAL DIFFICULITIES 10,890 sq.ft. .25 acres The irregular shape of the lot, the location of the Existing Land Use: house on the existing lot, and the slope of the lot to Residential the south are practical difficulties which require the need to apply for these variances. Surrounding Land Use &Zoning: SUMMARY OF ANALYSIS E: Single Family& R-1 Single Family& R-1 City Staff recommends approval of this variance E: S: Single Family& R-1 request. W: Single Family& R-1 Practical difficulties exist—History of how the house was constructed on the lot, assuming Comprehensive Plan Conformance: Hickory Drive as the front yard and physical Consistent with Plan features on the lot(slope and existing hedge) Zoning Ordinance Conformance: CITY COUNCIL ACTION/60 DAY DATE Section 205.07.3.D(1) requires a front yard setback of(25)feet City Council—July 14, 2014 60 Day—July 29, 2014 Section 205.07.3.D (2)(c)((2)) requires when the lot to the rear of the corner lot has frontage along a side street, no accessory building on the corner lot should be within , 25 feet of the common property line Zoning History: 1957—Lot is platted 1957—House and garage constructed Legal Description of Property: Lot 11, Block 4, Ostman's Third Addition Public Utilities: 5 House is connected Dario iz � �'^� Transportation: �E 10 Hickory Place provides access to the property _ Physical Characteristics: Residential lot that slopes to the south, ` typical suburban landscaping Aerial of Property Staff Report Prepared by: Stacy Stromberg Land Use Application Variance #14-03 REQUEST The petitioner,James Lange, is seeking two variances to allow his single stall garage to be expanded to a double stall. The first variance is to reduce the front yard setback(Hickory Place, is considered the code required front yard)from 25 ft.to 18.2 ft. ar , The second variance is to reduce the side yard setback on the north side of the lot from 25 ft. to 20.8. Code requires that when the lot to the rear of the corner lot has frontage along the side street, an accessory E structure needs to be setback 25 ft.from the common property line. This variance will recognize the placement of the existing garage and will not be modified by the garage addition. SUMMARY OF PRACTICAL DIFFICULITIES The irregular shape of the lot, the location of the house on the existing lot, and the slope of the lot to the south are practical difficulties which require the need to apply for these variances. ANALYSIS The property is zoned R-1,Single Family as are all the surrounding properties. The house is on the northwest corner of Hickory Drive and Hickory Place, with the house facing Hickory Drive. The existing house and single stall garage were constructed in 1957. The 1969 zoning code defined that "front yard" on a corner lot as the side of the lot with the narrowest street frontage. When the house was built in 1957, the code required front yard was not defined. Staff has made the interpretation that the house on the subject property was built using Hickory Drive as the front yard, as opposed to Hickory Place,which is now the code required front yard because it's the narrowest street frontage. Staff has based their interpretation based on the fact that the house faces Hickory Drive, is addressed off Hickory Drive, and all F � setbacks are met if Hickory Drive is considered the front yard. Since the current code requires that the "narrowest" street frontage on a corner lot be considered the front 4! , yard, the orientation of the existing house on the lot has caused the petitioner to need to seek a variance to reduce the code required front yard setback from 25 ft. to 18.2 ft.,to expand the single stall garage to a double stall. r _- Corner lots are also required to have 25 ft.from the -y, common property line when the neighboring house faces the side street. The house north of the subject property at 6952 Hickory Place fronts on the "side street",so 25 ft. is required between the structure on the subject property and the common property line between the two properties. The existing single stall garage is non-conforming in meeting this setback as its 20.8 ft.from the common property. The addition to the garage will not further impact this non-conforming setback. The petitioner plans to modify how the garage will be accessed by removing the garage door that faces south and installing the new garage doors on the addition on the east side of the structure. A new driveway will then be constructed coming from the east and the existing concrete driveway will be removed. 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 front yard setback and side yard setback on a corner lot is to ensure that there is adequate separation between neighboring houses and sufficient room for green space. The placement of the home on the lot when it was originally constructed limits the homes ability to comply with current code standards. The house was originally constructed in 1957. At that time,the code didn't require the front yard on a corner lot to be the narrowest street frontage. The position of the house indicates that when it was constructed, Hickory Drive was considered the front yard. • Current code standards require that the narrowest street frontage (Hickory Place) be considered the front yard. The front yard setback requirement is 25 ft. Adding a second stall to the existing single stall garage will require that setback to be reduced to 18.2 feet. If should be noted that if Hickory Place was considered the side yard, 17.5 ft. setback is required,which the proposed addition would comply with. • The original placement of the house on the lot also impacts the setback between the structure on the subject property and the common property line for the lot on the north. The existing garage is 20.8 ft.from the northern property line. Code requires a 25 ft.setback,as a result this variance is recognizes an existing non-conforming setback of the existing single stall garage. This setback won't change as a result of the addition. • The proposed variances with the diminished code required setbacks will still meet the purpose and intent of the ordinance. Is the variance consistent with the Comprehensive Plan? • The Comprehensive Plan guides this property as single family, and is therefore consistent. Does the proposal put the property to use in a reasonable manner? • The use of the property for a single family home is a reasonable use of the property. Adequate separation will exist between the garage addition and adjoining property lines. • The City's zoning code actually has special requirements for residential properties who are converting a single stall garage to a double stall. It allows the setback to be reduced from 5 ft.to 3 ft., in the side yard. Though this requirement is specific to interior lots, it doesn't seem unreasonable to allow some type of setback modification for corner lots as well. Are there unique circumstances to the property, not created by the landowner? • Unique circumstances do exist on this property. The orientation of the house on the lot and the difference between the code requirements when the house was constructed in 1957 and now are a unique circumstance. • There are physical features on the lot that also make this property unique. The lot slopes to the south,with a grade difference of approximately 10 ft. between the placement of Hickory Drive and the house. If the petitioner were to construct the garage addition with the garage doors facing Hickory Drive and construct a new driveway coming off of Hickory Drive,the driveway traversing the slope could be less than ideal. • Also,the neighbor at 6952 Hickory Place has a vegetative hedge that extends along their southern property line, which extends to the curb. This hedge impacts the neighbors' ability to have complete view when backing out of their driveway. Constructing the addition to the garage to be accessed of Hickory Place further north of the existing driveway,will not impact the neighbor's visibility. 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—History of the house orientation, assuming Hickory Drive as the front yard and physical features on the lot(slope and existing hedge). STIPULATIONS City staff recommends that if the variance is granted,the following stipulations be attached. 1. The petitioner shall apply for a building permit prior to construction of the garage addition. 2. The petitioner shall coordinate installation of the new curb cut needed for the garage addition with the City's engineering department. 3. The petitioner shall have the existing driveway and curb cut removed upon completion of the garage addition and new driveway. Department of Community Development City of Fridley 6431 University Ave NE Fridley MN 55432 Dear Department of Community Development, The purpose of this letter is to request approval for variances to expand my existing single stall garage into a two stall garage and relocate my driveway to extend from the east side of the garage.This would require expanding the existing structure an additional 15 feet 3 inches to the east. I am currently unable to do so because the peculiar shape and zoning of my lot make it impossible to expand my garage and still stay within the required setback. I also understand that a variance is required to relocate my driveway, as the new location would put it closer to my northern property line. I believe the irregular shape and location of the property makes it different from others in my neighborhood. These special conditions are not a result of my actions. I do not believe that these variances give me special privileges as many other residents have two stall garages in my neighborhood. Some of these residents, located on the same street as my property, also have driveways located much closer to their property lines and closer other residents driveways than my proposed driveway would be (Please see attached, examples 1 and 2). To deny these requests would cause a significant hardship as currently I have to park my vehicle outside, which exposes my vehicle to additional snow and ice in the winter.This not only increases the wear and tear on my car, but it also negatively effects my job as a paid on call Firefighter.This is because properly removing snow and ice slows my response time to the fire station. I also require the extra storage space to keep my lawn care and snow removal equipment necessary for keeping my property in good standing. The relocation of the driveway is a necessary component of this project, because the current driveway would be unusable with the expansion.Also simply extending the driveway to the south would cause the driveway to be at a slope.This slope would be unsafe for my children to play on and would also create an icy sloped surface in the winter.This would be dangerous for both my family and street traffic as it would be difficult to stop on this surface.This problem would be compounded by the fact that the city snow plows routinely pile the majority of the snow removed,from the nearby 3 way intersection,on the adjacent corner of my lot.This massive snow bank would be only a few feet away from a southern facing driveway, which would cause a major visual obstruction. Granting these variances would not cause undue injury to the environment, surrounding area or public welfare. It would instead increase the value of not only my property, but also the overall value of the neighborhood. I respectfully request the you grant these variances. Thank you for your consideration. Sincerely, James Lange Rib y,MN 5S4J2 up�nczimate su±Arrss "`(i7•SVret View-Mg 2013 , a 1 �E h� 1 �) '1 6978 Ht'Maxy%NE { � < n 71, w � a 6 4 hr. M - i[ n� d Back�a Mep Bird's eye view of examples 1 and 2 in relationship to 6940 Hickory drive Example 1 k Example 2 6940 Hickory Dr—j 7 N W C7 T = D O n D a m 2 M FE-1 1 , Ni n < M m � P m ❑ D n \ c Z O O Z Ll 4y IMP Ll o Z PROJECT z V HOMEOWNER&CONTRACTOR:TO VERIFY JAMES O O (', �TAl�L7 T� ALLDIMENSIONS,STRUCTURALDETAILS,AND LANGE,JAMES W GARAGE-ATTACHED 1 1l ilEL BUILDING CODES,AND GRADE 4 A m m REQUIREMENTS. 6940 HICKORY DR. 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FRIDLEY,MN.55432 ADVANCE SURVEYING & ENGINEERING CO. 5300 S.Hwy.No.101 Minnetonka,MN 55345 Phone(952)474 7964 www.advsur.com SURVEY FOR: JAMES LANGE SURVEYED: May 21,2014 DRAFTED:May 21,2014 LEGAL DESCRIPTION: Lot 11,Block 4,Ostman's 3rd Addition,Anoka County,Minnesota. SCOPE OF WORK: 1. Showing the length and direction of boundary lines of the above legal description. The scope of our services does not include determining what you own, which is a legal matter. Please check the legal description with your records or consult with competent legal counsel,if necessary,to make sure that it is correct,and that any matters of record,such as easements,that you wish shown on the survey,have been shown. V 2. Showing the location of existing improvements we deemed important. N 88 36 00 E ti 9 3. Setting new monuments or verifying old monuments to mark the corners of the property. _ --134.00-- - 4.While we show proposed improvements to your property, we not as familiar with your plans as you are nor are we as familiar with the requirements of governmental agencies as their 1 employees are. We suggest that you review the survey to confirm that the proposals are what you 51 i o intend and submit the survey to such governmental agencies as may have jurisdiction over your I e—, project to gain their approvals if you can. 1 l W a 1 STANDARD SYMBOLS&CONVENTIONS: W o I *s� h v6°\ 6 -182- " Denotes 1/2" ID pipe with plastic plug bearing State License Number 9235, set, unless otherwise noted. Oto W I ry Eat \\ ed ro I Sting �Ke Pr00 � I o •��I CERTIFICATION: N, e\I ��ir�g Gard ti I to I hereby certify that this plan,specification,report or survey was prepared by me or under my directQi I 1 34.96' supervision and that I am a licensed Professional Engineer and Professional Surveyor under the laws I ss - -------------- f6.p of 22.7 of the State of Minnesota. 1 30 I Signature: ¢Quina/„ x ODa/zG" Typed Name: James H.Parker I i Date:May 22,2014 Reg.No. 9235 51 �; --C—crere S 7829 O0 �00 k 0� h'�527 p2 S k6 �--;6058 ✓' HICkOy.�' '°;, t1�5 32'07., D GRAPHIC SCALE _ zo o to zo +o — Drive ( IN FEET ) Drw. No. 2140256 REV 5-22 TB r Appeals Commission Meeting of July 2, 2014 4 UPON A VOICE VOTE,ALL VOTING E,CHAIRPERSON SIELAFF DECLARED THE MOTION CARRIED ANDZa IC HEARING CLOSED AT 7:09 P.M. MOTION by Commissioneapprove the Motion approving VAR#14-02, by A-ABCO Recycled Auto Parts with ths. Seconded by Commissioner Drury. UPON A VOICE VO ,ALL VOTING AYE,CHAIRPERSON SIELAFF DECLARED THE MOTION CARRI UNANIMOUSLY Ms. Stromber aid that this variance will be on the City Council Agenda on July 14, 2. PUBLIC HEARING: Consideration for a Variance, VAR#14-03, by James Lange,to reduce the side yard setback(Hickory Place, is considered the code required from front yard)from 25 feet to 18.2 feet to allow an addition to the existing garage. Also, Petitioner is seeking a variance to reduce the side yard setback on the north side of the lot due to code requiring that when the lot to the rear of the corner lot has frontage along a side street,the accessory structure needs to be setback 25 feet from the common property line. The petitioner is requesting to reduce that setback requirement from 25 feet to 20.8 feet, generally located at 6940 Hickory Drive. MOTION by Commissioner Drury to open the public hearing. Seconded by Commissioner Ostwald. UPON A VOICE VOTE,ALL VOTING AYE, CHAIRPERSON SIELAFF DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 7:10 P.M. Stacy Stromberg,Planner, stated that the petitioner,James Lange, is seeking two variances to allow his single stall garage to be expanded to a double stall. The first variance is to reduce the front yard setback (Hickory Place, is considered the code required front yard)from 25 ft. to 18.2 ft. The second variance is to reduce the side yard setback on the north side of the lot from 25 ft.to 20.8. Code requires that when the lot to the rear of the corner lot has frontage along the side street, an accessory structure needs to be setback 25 ft. from the common property line. This variance will recognize the placement of the existing garage and will not be modified by the garage addition. Ms. Stromberg reviewed the summary of practical difficulties stating that"The irregular shape of the lot, the location of the house on the existing lot, and the slope of the lot to the south are practical difficulties which require the need to apply for these variances. " Ms. Stromberg noted that the property is zoned R-1, Single Family as are all the surrounding properties. The house is on the northwest corner of Hickory Drive and Hickory Place, with the house facing Hickory Drive. The existing house and single stall garage were constructed in 1957. The 1969 zoning code defined the"front yard"on a corner lot as the side of the lot with the narrowest street frontage. When the house was built in 1957,the code required front yard was not defined. Staff has made the interpretation that the house on the subject property was built using Hickory Drive as the front yard, as opposed to Hickory Place,which is now the code required front yard because it's the narrowest street frontage. Staff has based their interpretation on the fact that the house faces Hickory Drive, is addressed off Hickory Drive, and all setbacks are met, if Hickory Drive is considered the front yard. Ms. Stromberg stated that since the current code requires that the"narrowest" street frontage on a corner lot be considered the front yard,the orientation of the existing house on the lot has caused the petitioner to Appeals Commission Meeting of July 2,2014 5 need to seek a variance to reduce the code required front yard setback from 25 ft. to 18.2 ft.,to expand the single stall garage to a double stall. Ms. Stromberg noted that corner lots are also required to have 25 ft, from the common property line when the neighboring house faces the side street. The house north of the subject property at 6952 Hickory Place fronts on the"side street", so 25 ft. is required between the structure on the subject property and the common property line between the two properties. The existing single stall garage is non-conforming in meeting this setback as its 20.8 ft. from the common property. The addition to the garage will not further impact this non-conforming setback. Ms. Stromberg said that the petitioner plans to modify how the garage will be accessed by removing the garage door that faces south and installing the new garage doors on the addition on the east side of the structure. A new driveway will then be constructed coming from the east and the existing concrete driveway will be removed. Ms. Stromberg stated that 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 front yard setback and side yard setback on a corner lot is to ensure that there is adequate separation between neighboring houses and sufficient room for green space. The placement of the home on the lot when it was originally constructed limits the homes ability to comply with current code standards. The house was originally constructed in 1957. At that time,the code didn't require the front yard on a corner lot to be the narrowest street frontage. The position of the house indicates that when it was constructed, Hickory Drive was considered the front yard. • Current code standards require that the narrowest street frontage(Hickory Place)be considered the front yard. The front yard setback requirement is 25 ft. Adding a second stall to the existing single stall garage will require that setback to be reduced to 18.2 feet. If should be noted that if Hickory Place was considered the side yard, 17.5 ft. setback is required,which the proposed addition would comply with. • The original placement of the house on the lot also impacts the setback between the structure on the subject property and the common property line for the lot on the north. The existing garage is 20.8 ft. from the northern property line. Code requires a 25 ft. setback, as a result this variance is recognizes an existing non-conforming setback of the existing single stall garage. This setback won't change as a result of the addition. • The proposed variances with the diminished code required setbacks will still meet the purpose and intent of the ordinance. Is the variance consistent with the Comprehensive Plan? • The Comprehensive Plan guides this property as single family, and is therefore consistent. Does the proposal put the property to use in a reasonable manner? • The use of the property for a single family home is a reasonable use of the property. Adequate separation will exist between the garage addition and adjoining property lines. • The City's zoning code actually has special requirements for residential properties who are converting a single stall garage to a double stall. It allows the setback to be reduced from 5 ft.to 3 ft., in the side yard. Though this requirement is specific to interior lots, it doesn't seem unreasonable to allow some type of setback modification for corner lots as well. Are there unique circumstances to the property,not created by the landowner? • Unique circumstances do exist on this property. The orientation of the house on the lot and the difference between the code requirements when the house was constructed in 1957 and now are a unique circumstance. a Appeals Commission Meeting of July 2, 2014 6 • There are physical features on the lot that also make this property unique. The lot slopes to the south,with a grade difference of approximately 10 ft. between the placement of Hickory Drive and the house. If the petitioner were to construct the garage addition with the garage doors facing Hickory Drive and construct a new driveway coming off of Hickory Drive,the driveway traversing the slope could be less than ideal. • Also,the neighbor at 6952 Hickory Place has a vegetative hedge that extends along their southern property line,which extends to the curb. This hedge impacts the neighbors' ability to have complete view when backing out of their driveway. Constructing the addition to the garage to be accessed of Hickory Place further north of the existing driveway,will not impact the neighbor's visibility. 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 said that city staff recommends approval of this variance request because practical difficulties exist;the history of the house orientation,assuming Hickory Drive as the front yard and physical features on the lot(slope and existing hedge). Ms. Stromberg stated that City staff recommends that if the variance is granted,the following stipulations be attached. 1. The petitioner shall apply for a building permit prior to construction of the garage addition. 2. The petitioner shall coordinate installation of the new curb cut needed for the garage addition with the City's engineering department. 3. The petitioner shall have the existing driveway and curb cut removed upon completion of the garage addition and new driveway. Commissioner Ostwald asked if any comments were heard from the neighbors. Ms. Stromberg replied that no comments were heard from the neighbors. James Lange, 6940 Hickory Drive, said that the staff presentation sums up what he would like to do. He has spoken with his neighbor and they have indicated they have no problem with the plan. Mr. Lange is fine with the stipulations. MOTION by Commissioner Drury to close the public hearing. Seconded by Commissioner Ostwald. UPON A VOICE VOTE,ALL VOTING AYE, CHAIRPERSON SIELAFF DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 7:22 P.M. MOTION by Commissioner Ostwald to approve variance VAR#14-03,by James Lange with the stipulations listed above. Seconded by Commissioner Drury. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON SIELAFF DECLARED THE MOTION CARRIED UNANIMOUSLY 3. UPDATE ON PLANNING COMMISSIO AND CITY COUNCIL ACTIONS Stacy Stromberg,Planner, said that the Planning mission recently approved a SUP for A-ABCO to expand their auto recycling yard to the property we di used tonight. A building permit was issued for phase one of the Northern Stacks Addition and a buildin permit for phase one of the Trident Development on 615`and University is in for review. CI-IYOF FRIDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE.N.E.FRIDLEY,MN 55432-4308 (763)571-3450 • FAX(763)571-1287 • www.FridleyMN.gov APPEALS COMMISSION ACTION TAKEN NOTICE July 22, 2014 James Lange 6940 Hickory Drive NE Fridley MN 55432 Dear Mr. Lange: On Wednesday, July 2, 2014, the Fridley Appeals Commission officially approved the Variance, VAR#14-03, for two variances to allow his single stall garage to be expanded to a double stall. The first variance is to reduce the front yard setback (Hickory Place, is considered the code required front yard) from 25 ft. to 18.2 ft. The second variance is to reduce the side yard setback on the north side of the lot from 25 ft. to 20.8. Code requires that when the lot to the rear of the corner lot has frontage along the side street, an accessory structure needs to be setback 25 ft. from the common property line, legally described as Lot 11, Block 4, Ostman's Third Addition, generally located at 6940 Hickory Drive. Approval of this variance is contingent upon the following stipulations: 1. The petitioner shall apply for a building permit prior to construction of the garage addition. 2. The petitioner shall coordinate installation of the new curb cut needed for the garage addition with the City's engineering department. 3. The petitioner shall have the existing driveway and curb cut removed upon completion of the garage addition and new driveway. 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. Sincerely, St be Planner SS/jb cc: Variance File Building Permit Tech. Stacy Stromberg AMM AGENDA ITEM CITY COUNCIL MEETING OF Fridley JUNE 22, 2015 Date: June 16, 2015 To: Walter T. Wysopal, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Manager Stacy Stromberg, Planner Subject: Consideration of an Extension Request for Variance, VAR#14-03,James Lange at 6940 Hickory Drive NE BACKGROUND On July 2, 2014, the Appeals Commission approved variance, VAR #14-03, for two variances, which will allow a single stall garage to be expanded to a double stall at the property located at 6940 Hickory Drive. • The first variance was granted to reduce the front yard setback (Hickory Place; is considered the code required front yard because it's the narrowest street frontage)from 25 ft. to 18.2 ft. • The second variance is to reduce the side yard setback on the north side of the lot from 25 ft. to 20.8. Code requires that when the lot to �r the rear of the corner lot has frontage along the side street, an �� � accessory structure needs to be setback 25 ft. from the common i r property line. City code states that if work as permitted by the variance hasn't commenced within one year after granting of the variance, k� c then the variance shall become null and / #` 3d' void unless a petition for an extension of re time have been granted by the Council. y , 9 4 Staff received an extension request from Mr. Lange on June 15, 2015 stating that he would like to formally request a one-year extension of the variance to extend his garage because he and his wife are expecting a baby. Consequently, they aren't able to complete the garage expansion this year, RECOMMENDATION Staff recommends approval of the one year extension to July 2, 2016 for Variance request,VAR#14-03, 10 Stromberg, Stacy From: James Lange <langejames66@gmail.com> Sent: Monday,June 15, 2015 9:13 PM To: Stromberg, Stacy Subject: Re:extension Stacey, Thank you for the congrats, and for your help. I have included a formal request for the extending the variance e below. Stacey, I would like to formally request a I year extension for the variance to extend my garage. My wife and I are having another child, so we will not be able to complete the garage detention this summer. Thank you for your consideration. James Lange CITY COUNCIL MEETING CITY OF FRIDLEY JUNE 22,2015 The City Council meeting for the City of Frid y was called to order by Mayor Lund at 7:02 p.m. ROLL CALL: MEMBERS PRESENT: Mayor L nd Counci ember Barnette Coun ilmember Saefke Cou cilmember Varichak Co cilmember Bolkcom OTHERS PRESENT: ally Wysopal, City Manager Darcy Erickson, City Attorney Julie Jones, Planning Manager Jon Lennander, Assistant City Engineer Jenise Teske, Women of Today PROCLAMATION: Women of Today Fo nder's Day - July 1, 2015. PRESENTATIO : Fridley '49er Day Celebration. APPROVAL PROPOSED CONSENT AGENDA: APPROVA OF MINUTES: City Coun 1 Meeting of June 8, 2015. Council ember Saefke indicated the following corrections should be made: (1) on page 5, paragrap 10, "Miss Reynolds said thought", the word "thought" should be crossed out; and (2) on page , under Item 9, paragraph 2, the last sentence was incomplete. APP VED AS CORRECTED. NEW BUSINESS: 1. Approve Extension for Variance Request, VAR #14-03, to Allow a Single Stall Garage to be Expanded to a Double Stall, Generally Located at 6940 Hickory Drive N.E. (Ward 3). APPROVED. AMW AGENDA ITEM sur CITY COUNCIL MEETING OF Fridley JULY 10, 2017 Date: June 27, 2017 To: Walter T. Wysopal,City Manager From: Scott Hickok,Community Development Director Julie Jones, Planning Manager Stacy Stromberg, Planner Subject: Consideration of an Extension Request for Variance,VAR#14-03,James Lange at 6940 Hickory Drive NE BACKGROUND On July 2, 2014, the Appeals Commission approved variance, VAR #14-03, for two variances, which will allow a single stall garage to be expanded to a double stall at the property located at 6940 Hickory Drive. • The first variance was granted to reduce the front yard setback (Hickory Place; is considered the code required front yard because it's the narrowest street frontage)from 25 ft.to 18.2 ft. • The second variance is to reduce the side yard setback on the north side of the lot from 25 ft. to 20.8. Code requires that when the lot to the rear of the corner lot has frontage along the side street, an accessory structure needs to be setback 25 ft. from the common * s property line. 0, City code states that if work as permitted by the variance hasn't commenced within k one year after granting of the variance, then the variance shall become null and void unless a petition for an extension of + ,. time have been granted by the Council. The City Council granted a one-year extension on this variance at their June 22, 2015 meeting. Staff received an extension request from Mr. Lange on June 13, 2016, stating he would like to formally request another one-year extension for the variance because he and his wife had a baby this year. Consequently, they aren't able to complete the garage expansion this summer. The petitioner is a teacher and hopes to construct the garage addition himself next summer. The City Council granted a one-year extension on this variance at their June 27, 2016 meeting. Staff received an extension request from Mr. Lange on June 23, 2017. He states that he recently changed careers from being a teacher to a full-time Fire Captain here at the City of Fridley, so he won't have the time to start working on the project this summer. He hopes that next year will be the year to start this project. RECOMMENDATION Staff recommends approval of the one year extension to July 10, 2018 for Variance request,VAR#14-03. From: James Lanae To: Strombera.Stag Subject: Re:variance Date: Friday,June 23,2017 1:43:51 PM Stacy, Thanks for checking in with me on this project. If possible I would like to extend the variance on more year. I was planning to complete the project this summer as I had the summer off. However since I recently changed careers from teacher to frill time Fire Captain. I'm afraid I will not have the time necessary to complete the project this summer. Thank you for your help. James Lange On Jun 12, 2017, at 1:34 PM, Stromberg, Stacy <Stacy.StromUerg;'c�fridleymn.gov> wrote: Hi James, Just checking in with you, I see it's getting to that time of year again where we either need to extend your variance or let it go VOID. Can you give me an update on this project? Thanks, <image003.png>Stacy Stromberg I Planner(City of Fridley 16431 University Avenue N.E. Fridley,MN 554321 P.763.572.3595 1 f.763-571.12871 www.ci.fridley.nin.us Fridley City Hall c� �t 6431 University Ave N.E. Fridley, MN 55432-4303 Fridley (763) 571-3450 • FAX (763) 571-1287 • FridleyMN.gov July 13, 2017 James Lange 6940 Hickory Drive NE Fridley MN 55432 Dear Mr. Lange: On Monday, July 10, 2017, the Fridley City Council officially approved your one year extension to July 10, 2018, for the Variance, VAR#14-03, for two variances to allow his single stall garage to be expanded to a double stall. The first variance is to reduce the front yard setback (Hickory Place, is considered the code required front yard) from 25 ft. to 18.2 ft. The second variance is to reduce the side yard setback on the north side of the lot from 25 ft. to 20.8. Code requires that when the lot to the rear of the corner lot has frontage along the side street, an accessory structure needs to be setback 25 ft. from the common property line, legally described as Lot 11, Block 4, Ostman's Third Addition, generally located at 6940 Hickory Drive. Approval of this variance is contingent upon the following stipulations: 1. The petitioner shall apply for a building permit prior to construction of the garage addition. 2. The petitioner shall coordinate installation of the new curb cut needed for the garage addition with the City's engineering department. 3. The petitioner shall have the existing driveway and curb cut removed upon completion of the garage addition and new driveway. You have to July 10, 2018, 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. n rely, SC ' br Planner SS/jb cc: Variance File Building Permit Tech. Stacy Stromberg FRIDLEY CITY COUNCIL MEETING OF JULY 10, 2017 PAGE 2 NEW BUSINESS: 1. Prelimin Plat Request, PS #17093, by Kurt Manufacturing Co., Inc., to Replat the Prope by Taking Two Irregular Shaped Lots and Creating Two Rectangular Shaped Lo , Generally Located at 7585 IHighway 65 N.E. (Ward 2) AP ROVED. 2. Extension Request for Variance, VAR #14-03, by James Lange, for Two Variances which will Allow a Single Stall Garage to be Expanded to a Double Stall Garage, Generally Located at 6940 Hickory Drive N.E. (Ward 3) APPROVED. 3. Claims 177203 — 177307. APP OVED. ADOP ION OF PROPOSED CONSENT AGENDA: MOTIO by Councilmember Barnette to approve the proposed Consent Agenda. Seconded by Councilme ber Varichak. UPON A V CE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CA IED UNANIMOUSLY. OPEN FORUM SITORS: Mr. Martinez spoke bout a letter he sent to Jim Kosluchar regarding the flooding of their businesses. He asked ouncil to consider the minimum the group is asking for; which is the second option. This wou solve the issue and is what should have been done before. Mayor Lund said that Coun. il did have a copy of the letter. Staff has been very interested in trying to help him and the o er businesses in that area. This had to be done correctly so businesses downstream were not ffected. Staff has to cooperate with other jurisdictions and the County. It is not a simple fix. It a comes down to engineering and cost factors. Councilmember Bolkcom asked wha the next steps would be. Jim Kosluchar, Public Works Director, eplied the option for added capacity and the higher performing option is in draft form in the C ital Investment Program that was discussed at the conference meeting tonight. Staff made sure at this is a prioritized project. The next step is to make a final design and go out for bids which ay happen this fall. The City needs to have a discussion with the watershed district. If other nding sources are available, staff will try to pursue them. AMW AGENDA ITEM CITY COUNCIL MEETING OF Fridley JULY 23, 2018 Date: July 17, 2018 To: Walter T. Wysopal, City Manager From: Scott Hickok,Community Development Director Julie Jones, Planning Manager Stacy Stromberg, Planner Subject: Consideration of an Extension Request for Variance,VAR#14-03,James Lange at 6940 Hickory Drive NE BACKGROUND On July 2, 2014, the Appeals Commission approved variance, VAR #14-03, for two variances, which will allow a single stall garage to be expanded to a double stall at the property located at 6940 Hickory Drive. • The first variance was granted to reduce the front yard setback (Hickory Place; is considered the code required front yard because it's the narrowest street frontage) from 25 ft.to 18.2 ft. • The second variance is to reduce the side yard setback on the north side of the lots from 25 ft. to 20.8. Code requires that when the lot to the rear of the corner lot has frontage along the side street, an ,; , Q accessory structure needs to be setback 25 ft. from the common property line. City code states that if work as permitted by the . ,a a '9 s z4 variance hasn't commenced within one year after �4 granting of the variance, then the variance shall ;, become null and void unless a petition for an extension of time have been granted by the PPa Council. u =Krt n E The City Council granted a one-year extension on this variance at their June 22, 2015 meeting. Staff received an extension request from Mr. Lange on June 13, 2016, stating he would like to formally request another one-year extension for the variance because he and his wife had a baby this year. Consequently, they aren't able to complete the garage expansion this summer. The petitioner is a teacher and hopes to construct the garage addition himself next summer. The City Council granted a one-year extension on this variance at their June 27, 2016 meeting. Staff received an extension request from Mr. Lange on June 23, 2017. He states that he recently changed careers from being a teacher to a Full-time Fire Captain here at the City of Fridley, so he won't have the time to start working on the project this summer. He hopes that next year will be the year to start this project. The City Council granted a one-year extension on the variance at their July 10, 2017 meeting. City staff received another extension request from Mr. Lange on July 6, 2018. His father, who was going to help with the construction, suffered a stroke this year, so the project has again been put on hold. He realizes this will be his 4th extension, but has continued interest in the project and would like to not have to go through the entire variance process again, if the Council is willing to grant another one-year extension. RECOMMENDATION Staff recommends approval of the one year extension to July 23, 2019 for Variance request,VAR#14-03. FRIDLEY CITY COUNCIL MEETING OF JULY 23, 2018 PAGE 3 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE ITEM WAS REMOVED FROM THE TABLE AT 7:07 P.M. Scott Hickok, Community Development Director, stated this item is to consider revocation of a special use permit for Sam's Auto Parts at the intersection of 73rd and Old Central. The good news is that they have signed on with the consulting engineering firm of Carlson McKane who has been working with the City's engineering department on finishing the liner in a proper fashion. They anticipate the liner will be installed and approved by the City's engineering staff within 30 days. Mr. Hickok stated his recommendation to Council is to hold this public hearing open until the meeting of September 10. They will see that the pond liner is installed properly, according to engineering standards. Staff is pleased with the progress and would like to provide them with the additional time to do it right. Mayor Lund stated it seems appropriate. He asked whether Sam's Auto Parts felt that postponing this until the September 10 Council meeting would be sufficient time for it to be completed and approved. Mr. Hickok replied, yes. They took that timeframe from Carlson McKane engineers. MOTION by Councilmember Varichak to continue the public hearing to the September 10, 2018, City Council meeting. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CONTINUED UNTIL SEPTEMBER 10, 2018. NEW BUSINESS: 6. Consider Extension Request for Variance, VAR #14-03, by James Lange for the Property Generally Located at 6940 Hickory Drive N.E. (Ward 3). Scott Hickok, Community Development Director, stated on July 2, 2014, the Appeals Commission approved a variance for a property located at 6940 Hickory Drive. The variance was granted to reduce the front yard setback and that is Hickory Place since it is on a corner, from 25 feet to 81.2 feet. The second variance is to reduce the side yard setback on the north side of the lot from 25 feet to 20 feet. The City Code does require that when a lot to the rear of the corner lot has frontage on a side street, an accessory structure needs to be 25 feet back from the common property line. Mr. Hickok stated City staff received an extension request from Mr. Lange on July 6, 2018. His father who was going to help him with the construction suffered a stroke this year, so the project again had to be put on hold. He realizes that this will be his fourth extension but has continued interest in the project and would like to not have to go through the entire variance process again. FRIDLEY CITY COUNCIL MEETING OF JULY 23, 2018 PAGE 4 Mr. Hickok stated staff recommends approval of a one-year extension to July 23, 2019, for Variance Request, VAR#14-03. Councilmember Barnette asked if the side yard was considered the front yard. Mr. Hickok replied, it is. The narrowest lot dimension on a corner lot, regardless of what way the house is facing, is considered the front lot. MOTION by Councilmember Bolkcom to approve a one-year extension for Variance, VAR #14-03, by James Lange for the property generally located at 6940 Hickory Drive N.E. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 7. Approve Joint Powers Agreement between the City of Fridley and County of Anoka for the ast River Road Sidewalk Extension Project in the City of Fridley (Ward 3). "c James Kosluchar, Public�' Works Director, stated Anoka County is rehabilitating CSAH 1. There has been a lot of construction on East River Road. Their project relative to this presentation is from Charles Street to Rice Creek Parkway (basically to Rice Creek). Rehabilitation includes pavement mill and overlay, curb and gutter, and storm sewer improvements. The project was identified in April of this year for construction so the City has very little time available to coordinate with other projects. Staff immediately recognized, however, that there was a stretch of pedestrian way that was identified in a prior plan and they wanted to see whether it could be constructed. Mr. Kosluchar stated the City proposed a Joint Powers Agreement with Anoka County to include this sidewalk in conjunction with their project which includes 2,000 lineal feet of sidewalk from Mississippi Street to the Northstar station. It provides pedestrian access in connection to bus stops and the light rail statim. Mr. Kosluchar stated in the Council's packet there are some maps showing this plan which is the southerly portion. The yellow line shows there is some walkway along the Northstar station from 61" north for one block and then it dies ut. When staff was out doing some field recognizance, people were using it as a walk. They alk along behind the curb in the grass. He then pointed out on a map the extension piece to ississippi Street where it will connect to another existing concrete walk where the BP station is. Mr. Kosluchar stated the City's Active Transportation Plan and the East River Road Corridor Study both recommended and identified a sidewalk withip this segment. Project costs are estimated to be $92,000. It pays for removal, excavation, subgrade preparation, concrete sidewalk, and reconstruction of a drainage structure. It gets the City about four-tenths of a mile of walk. There is a cost-savings with constructing the improvement now before the contractor Fridley City Hall 431 University Ave N.E. Fridley, MN 55432-4303 i Fridley (7i3) 571-3450 • FAX (763) 571-1287 • FridleyMN.gov July 25, 2018 James Lange 6940 Hickory Drive NE Fridley MN 55432 Dear Mr. Lange: On Monday, July 23, 2018, tIhe Fridley City Council officially approved your one year extension to July 23, 2019, for the Variance, VAR#14-03, for two variances to allow his single stall garage to be expanded to a doublelstall. The first variance is to reduce the front yard setback (Hickory Place, is considered the co a required front yard) from 25 ft. to 18.2 ft. The second variance is to reduce the side yard setack on the north side of the lot from 25 ft. to 20.8. Code requires that when the lot to the rear of the corner lot has frontage along the side street, an accessory structure needs to be setback 25 ft. from the common property line, legally described as Lot 11, Block 4, Ostman's Third Addition, generally located at 6940 Hickory Drive. Approval of this variance is contingent upon the following stipulations: 1. The petitioner shall a ply for a building permit prior to construction of the garage addition. 2. The petitioner shall c ordinate installation of the new curb cut needed for the garage addition with the City's engine ring department. 3. The petitioner shall h ve the existing driveway and curb cut removed upon completion of the garage addition and 0ew driveway. You have to July 23, 2019, to initiate construction. If you cannot begin construction during this time, you must submit a lett�r 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. Sincerely, S "0 Planner \ SS/jb � cc: Variance File Stacy Stromberg