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VAR 03-21STATE OF MINNESOTA COUNTY OF ANOKA CITY OF FRIDLEY In the Matter of: VAR #03-21 Owner: William H. Mathis and Carolynne B. Mathis a�t - APPEALS COMMISSION PROCEEDINGS VARIANCE The above entitled matter came before the Appeals Commission of the City of Fridley and was heard on the 101 day of December, 2003, on a petition for a variance pursuant to the City of Fridley's Zoning Ordinance, for the following described property: To reduce the required lot width from 75 feet to 73 feet to recognize an existing nonconformity due to the fact that a lot split was not properly recorded in 1962; To reduce the side yard setback from 5 feet to 4.3 feet to recognize an existing nonconformity; To allow the construction of an addition to the existing home on Lot 3, Block 1, Van Cleaves Addition (subject to 10 foot utility easement as shown on plat and 5 foot utility easement over east 5 feet of south 163 feet) (except east 4 feet of north 140 feet) and east 2 feet of Lot 4, Block 1, Van Cleaves Addition, generally located at 1570 60' Avenue NE IT IS ORDERED that a variance be granted as upon the following conditions or reasons: Approved with stipulations. See attached December 10, 2003, Appeals Commission minutes. STATE OF MINNESOTA COUNTY OF ANOKA CITY OF FRIDLEY OFFICE OF THE CITY CLERK I, Debra A. Skogen, City Clerk for the City of Fridley, with and in for said City of Fridley, do hereby certify that I have compared the foregoing copy and Order granting a variance with the original record thereof preserved in my office, and have found the same to be a correct and true transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at the City of Fridley, Minnesota, in the County of Anoka on the day of cr—mh�,L , 2003. DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 Debra A. Skogen, City Clerk . i 4A IYi b Variances are valid for a period of one year following approval and shall be considered void if not used within that period. CITY OF FRIDLEY APPEALS COMMISSION MEETING DECEMBER 10, 2003 CALL TO ORDER: Chairperson Kuechle called the December 10, 2003, Appeals Commission meeting to order at 7:30 p.m. ROLL CALL: Members Present: Larry Kuechle, Ken Vos, Blaine Jones, Gary Zinter Members Absent: Sue Jackson Others Present: Stacy Stromberg, Planner Carolynne Mathis, 1570 60th Avenue NE John Bolich, 1580 60th Avenue NE APPROVAL OF MINUTES: MOTION by Mr. Jones, seconded by Ms. Jackson, to approve the November 12, 2003, Appeals Commission meeting minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING: VARIANCE REQUEST VAR #03-21, BY WILLIAM & CAROLYNNE MATHIS: ■ Per Section 205.07.03.13 of the Fridley Zoning Code, to reduce required lot width from 75 feet to 73 feet to recognize an existing nonconformity due to the fact that a lot split was not properly recorded in 1962; ■ Per Section 205.07.03.D.(2).(b) of the Fridley Zoning Code, to reduce the side yard setback from 5 feet to 4.3 feet to recognize an existing nonconformity; To allow the construction of an addition to the existing home on Lot 3, Block 1, Van Cleaves Addition (subject to 10 foot utility easement as shown on plat and 5 foot utility easement over east 5 feet of south 163 feet) (except east 4 feet of north 140 feet) and east 2 feet of Lot 4, Block 1, Van Cleaves Addition, generally located at 1570 6& Avenue NE MOTION by Mr. Jones, seconded by Mr. Zinter, to open the public hearing and waive the full reading of the public notice. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 7:35 P.M. Ms. Stromberg stated the petitioners, William and Carolynne Mathis, are requesting a variance to reduce the required lot width from 75 feet to 73 feet to recognize an existing nonconformity due to the fact that a lot split wasn't properly recorded in 1962. The petitioners are also requesting a variance to reduce the side yard setback from 5 feet to 4.3 feet to recognize an existing nonconformity at their residence at 1570 60th Avenue. DECEMBER 10, 2003 APPEALS COMMISSION MEETING PAGE+2 The recognition of both these nonconformities is required prior to issuance of any building permits for this property. Ms. Stromberg stated the "Summary of Hardship" submitted by the petitioners states: "Our hardship is due to the fact that the developers in 1964 created the lots in Block 1 at 73 feet, presented surveys for the lots, and obtained building permits. They apparently were never advised that this was not permissible without a variance. The need for the variance is due to the lot condition created in 1964 and not created by the actions of the applicants. The variance will not in any way alter the character of the neighborhood." Ms. Stromberg stated the Van Cleave's Addition was platted in 1959 with six single family lots. In 1962, there was discussion by the previous property owners and the City, including the Planning Commission and the Plats and Subdivisions Sub -Committee regarding splitting the lots to make an additional single family lot. Subsequently the lot split took place by a handshake between the property owners, and the change in legal descriptions was recorded at Anoka County. However, the lot split was never approved by the City Council or recorded as such. Since then, the subject property has been sold and exchanged a number of times. If the lot split had been approved by the City Council and properly recorded in 1962, the current variance request for the lot width would not be required. Ms. Stromberg stated the City Attorney, Fritz Knaak, has advised that the best way to resolve this discrepancy is to grant a variance to the property reducing the lot width requirement from 75 feet to 73 feet to recognize an existing nonconformity due to the fact that a lot split was not properly recorded in 1962. This hardship is unique to this property and is not intended to set a precedent allowing future lot widths to be reduced to 73 feet. Ms. Stromberg stated the property is zoned R-1, Single Family, as are all surrounding properties. The existing home and garage were built in 1965. Ms. Stromberg stated the petitioners plan to construct a 4.44 foot by 33.36 foot addition to the front of their home. This addition will make the existing home flush with their garage and will meet all setback and lot coverage requirements. In order to construct this addition, recognition of the lot width and side yard setback nonconformities is required prior to the petitioners applying for a building permit. Ms. Stromberg stated staff recommends approval of the lot width variance as the variance corrects an existing nonconformity. Staff has no recommendation on the side yard variance request as a similar variance was granted in the past. A similar variance, VAR #02-15, was granted at 990 Rice Creek Terrace to reduce the side yard setback from 5 feet to 3.86 feet to recognize an existing nonconformity. Ms. Stromberg stated that if the variances are approved, staff recommends the following stipulations: 1. The petitioner shall obtain all necessary building permits prior to construction of an addition. 2. The addition shall meet all zoning code requirements including, but not limited to, setbacks, height, and lot coverage. 3. The addition shall be architecturally compatible with the existing home and finished with complementary siding and color scheme. DECEMBER 10, 2003 APPEALS COMMISSION MEETING PAGE 3 Mr. Kuechle asked Ms. Mathis when she and her husband became aware of this problem. Ms. Mathis stated it came to their attention when they applied for a building permit about 1 Y2 years ago. It then turned into a big mess. MOTION by Dr. Vos, seconded by Mr. Jones, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 7:50 P.M. Dr. Vos stated this is certainly no fault of the current owners. Granting the lot split variance will not change the nature of the neighborhood, and he would vote in favor of approving both variances. Mr. Kuechle concurred. It is certainly well within the limits of a unique hardship. Mr. Jones agreed also. It is unfortunate that this happened to the Mathis. The house has been there since 1965, and the neighbors' houses have probably been there since about the same time, so he did not see a problem there. His biggest problem would be if granting the variance would create a precedent, but he did not see how it possibly could. It was a mistake made back in the early 1960s. Mr. Zinter stated it is a reasonable request given the circumstances, and he would also vote to approve both variances. MOTION by Dr. Vos, seconded by Mr. Zinter, to approve variance request, VAR #03-21, by William & Carolynne Mathis to reduce the required lot width from 75 feet to 73 feet to recognize an existing nonconformity due to the fact that a lot split was not properly recorded in 1962 and to reduce the side yard setback from 5 feet to 4.3 feet to recognize an existing nonconformity with the following stipulations: 1. The petitioner shall obtain all necessary building permits prior to construction of an addition. 2. The addition shall meet all zoning code requirements including, but not limited to, setbacks, height, and lot coverage. 3. The addition shall be architecturally compatible with the existing home and finished with complementary siding and color scheme. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. OTHER BUSINESS: Ms. Stromberg stated this is the Commission's last meeting for the year. She gave the Commission members a brief summary of the variances for 2003: 2 sign variance requests, 10 setback reduction variances, 1 parking lot & hard surface reduction variance, 1 parking stall width reduction variance, 1 increase of maximum size of a first accessory structure variance, 1 variance to allow an accessory structure in the front yard, and 1 lot width variance. This totaled 17 variances for 2003. In 2002, the City had 15 variance requests, and in 2001, they had 10 variance requests. DECEMBER 10 2003 APPEALS COMMISSION MEETING PAGE 4_ Ms. Stromberg stated the Planning staff would like to thank the Appeals Commission for all its hard work in 2003, and she wished them happy holidays. ADJOURNMENT: MOTION by Dr. Vos, seconded by Mr. Zinter, to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE DECEMBER 10, 2003, APPEALS COMMISSION MEETING ADJOURNED AT 8:08 P.M. Respectfully subm'tted, L)7n-rfi Saba Recording Secretary CIIYOF FRIDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 • (763) 571-3450 • FAX (763) 571-1287 APPEALS COMMISSION ACTION TAKEN NOTICE December 17, 2003 William and Carolynne Mathis 1570 60th Avenue NE Fridley, MN 55432 Dear Mr. and Mrs. Mathis: On December 10, 2003, the Fridley Appeals Commission officially approved a request for variance, VAR #03-21, to reduce the required lot width from 75 feet to 73 feet to recognize an existing nonconformity due to the fact that a lot split was not properly recorded in 1962; and to reduce the side yard setback from 5 feet to 4.3 feet to recognize an existing nonconformity, to allow the construction of an addition to the existing home on the east two feet of Lot 4, Block 1, and all of Lot 3, Block 1, except the east four feet of the north 140 feet thereof, "Van Cleave's Addition", according to the recorded plat thereof, and situated in Anoka County, Minnesota, generally located at 1570 60th Avenue NE, with the following stipulations: 1. The petitioner shall obtain all necessary building permits prior to construction of an addition. 2. The addition shall meet all zoning code requirements including, but not limited to, setbacks, height, and lot coverage. 3. The addition shall be architecturally compatible with the existing home and finished with complementary siding and color scheme. You have one year from the date of the Appeals Commission action to initiate construction. If you cannot begin construction during this time, you must submit a letter requesting an extension at least three weeks prior to the expiration date. If you have any questions regarding the above action, please call me at 572-3595. Sincerely, Stacy Stro berg 4 Planner v Please review the above action, sign below, and return the original to the City of Fridley Planning Department by January 5, 2004. SS:ls Concur with action taken City of Fridley Land Use Application VAR #03-21 December 10, 2003 GENERAL INFORMATION SPECIAL INFORMATION Applicant: William & Carolynne Mathis 1570 60"' Avenue NE Fridley MN 55432 Requested Action: Variance to reduce the lot width requirement. Variance to reduce the side yard setback. Existing Zoning: R-1 (Single Family Residential) Location: 1570 60' Avenue Size: 20,813 sq. ft. .47 acres Existing Land Use: Single Family Home. Surrounding Land Use & Zoning: N: Single Family & R-1 E: Single Family & R-1 S: Single Family & R-1 W: Single Family & R-1 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Section 205.07.03.8 requires a lot width of seventy-five (75) feet at the required setback. Section 205.07.03.D. (2) ((b)) requires a side yard setback of five (5) feet between an attached accessory structure and a side property line. Zoning History: 1959 — Lot is platted. 1965 — Home and garage are built. Legal Description of Property: The east 3 feet of Lot 4, in Block 1, and all of Lot 3, Block 1, except the East 4 feet of the North 140 feet thereof, Van Cleave's Addition. Public Utilities: Home is connected. Transportation: 60th Avenue provides access to the residence. Physical Characteristics: Typical suburban lot and landscaping. SUMMARY OF PROJECT Petitioners, Mr. and Mrs. Mathis are seeking a variance to reduce the required lot width from 75 feet to 73 feet and a variance to reduce the side yard setback from 5 feet to 4.3 feet to recognize existing non -conformities at there their residence at 1570 60�' Avenue. SUMMARY OF HARDSHIP "Our hardship is due to the fact that the developers in 1964 created the lots in Block 1 at 73 feet, presented surveys for the lots and obtained building permits. They apparently were never advised that this was not permissible without a variance. The need for the variance is due to the lot condition created in 1964 and not created by the actions of the applicants. The variance will not in any way alter the character of the neighborhood." - William and Carolynne Mathis SUMMARY OF ANALYSIS City Staff recommends approval of the lot width variance. ■ Variance corrects an existing non- conformity. City Staff has no recommendation on the side yard setback variance request as similar variances have been granted in the past. Similar variance granted: ■ VAR #02-15 990 Rice Creek Terrace Variance approved to reduce the side yard setback from 5 feet to 3.86 feet to recognize an existing non -conformity. CITY COUNCIL ACTION/ 60 DAY DATE City Council — January 5, 2003 60 Day — January 5, 2003 Staff Report Prepared by: Stacy Stromberg VAR #03-21 REQUEST Petitioners, William and Carolynne Mathis, are seeking a variance to reduce the required lot width from 75 feet to 73 feet to recognize an existing non -conformity due to the fact that a lot split wasn't properly recorded in 1962. The petitioners are also seeking a variance to reduce the side yard setback from 5 feet to 4.3 feet to recognize an existing non -conformity at their residence, which is located at 1570 60th Avenue. The recognition of both of these non -conformities is required prior to issuance of any building permits for this property. SUMMARY OF HARDSHIP "Our hardship is due to the fact that the developers in 1964 created the lots in Block 1 at 73 feet, presented surveys for the lots and obtained building permits. They apparently were never advised that this was not permissible without a variance. The need for the variance is due to the lot condition created in 1964 and not created by the actions of the applicants. The variance will not in any way alter the character of the neighborhood." - William and Carolynne Mathis SITE HISTORY The Van Cleave's Addition was platted in 1959, with six single-family lots. In 1962, there was discussion by the previous property owners and the City, including the Planning Commission and Plats and Subdivions Sub -Committee, regarding splitting of the lots to make an additional lot. Subsequently, the lot split took place by a handshake between the property owners and the change in legal descriptions was recorded at Anoka County. However, the lot split was never approved by the City Council or recorded as such. Since then, the subject property has been sold and exchanged hands a number of times. If the lot split had been approved by the City Council and properly recorded in 1962, a current variance request for lot width wouldn't be required. The City Attorney has advised that the best way to resolve this discrepancy would be to grant a variance for the property which would reduce the lot width requirement from 75 feet to 73 feet to recognize an existing non -conformity due to the fact that a lot split wasn't properly recorded in 1962. This hardship is unique to this particular property and is in no way intended to set a precedent allowing future lots widths to be reduced to 73 feet. ANALYSIS The property is zoned R-1 Single Family as are all surrounding properties. The existing home is squared up to and fronts on 60th Avenue. The existing home and garage were built in 1965. Existing home and garage In addition to the variance request for lot width, the petitioners are seeking a variance to reduce the required side yard setback between an attached accessory building and a side property line from 5 feet to 4.3 feet to simply recognize an existing non -conformity. Side yard setback reduction The petitioners plan to construct a 4.44 foot by 33.36 foot addition to the front of their home. This addition will make their existing house flush with their garage. This addition will meet all setback and lot coverage requirements. As was stated earlier, in order to construct an addition to this home, recognition of the lot width and side yard setback non -conformities is required prior to the petitioners applying for a building permit to add to their home. City staff has received no comments from neighboring property owners. RECOMMENDATIONS City Staff recommends approval of the lot width variance. • Variance corrects an existing non -conformity. City Staff has no recommendation on the side yard setback variance request as similar variances have been granted in the past. Similar variance granted: • VAR #02-15 990 Rice Creek Terrace Variance approved to reduce the side yard setback from 5 feet to 3.86 feet to recognize an existing non -conformity. STIPULATIONS Staff recommends that if the variance is granted, the following stipulations be attached. 1. Petitioner shall obtain all necessary building permits prior to construction of an addition. 2. Addition shall meet all zoning code requirements, including but not limited to setbacks, height and lot coverage. 3. Addition shall be architecturally compatible with existing home and finished with complementary side and color scheme. CITY OF FRIDLEY APPEALS COMMISSION MEETING DECEMBER 10, 2003 CALL TO ORDER: Chairperson Kuechle called the December 10, 2003, Appeals Commission meeting to order at 7:30 p.m. ROLL CALL: Members Present: Lang Kuechle, Ken Vos, Blaine Jones, Gary Zinter Members Absent: Sue Jackson Others Present: Stacy Stromberg, Planner Carolynne Mathis, 1570 60th Avenue NE John Bolich, 1580 60th Avenue NE APPROVAL OF MINUTES: MOTION by Mr. Jones, seconded by Ms. Jackson, to approve the November 12, 2003, Appeals Commission meeting minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING: VARIANCE REQUEST. VAR #03-21. BY WILLIAM & CAROLYNNE MATHIS: ■ Per Section 205.07.03.13 of the Fridley Zoning Code, to reduce required lot width from 75 feet to 73 feet to recognize an existing nonconformity due to the fact that a lot split was not properly recorded in 1962; ■ Per Section 205.07.03.D.(2).(b) of the Fridley Zoning Code, to reduce the side yard setback from 5 feet to 4.3 feet to recognize an existing nonconformity; To allow the construction of an addition to the existing home on Lot 3, Block 1, Van Cleaves Addition (subject to 10 foot utility easement as shown on plat and 5 foot utility easement over east 5 feet of south 163 feet) (except east 4 feet of north 140 feet) and east 2 feet of Lot 4, Block 1, Van Cleaves Addition, generally located at 1570 60th Avenue NE MOTION by Mr. Jones, seconded by Mr. Zinter, to open the public hearing and waive the full reading of the public notice. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 7:35 P.M. Ms. Stromberg stated the petitioners, William and Carolynne Mathis, are requesting a variance to reduce the required lot width from 75 feet to 73 feet to recognize an existing nonconformity due to the fact that a lot split wasn't properly recorded in 1962. The petitioners are also requesting a variance to reduce the side yard setback from 5 feet to 4.3 feet to recognize an existing nonconformity at their residence at 1570 60th Avenue. DECEMBER 10, 2003 APPEALS COMMISSION MEETING PAGE 2 , The recognition of both these nonconformities is required prior to issuance of any building permits for this property. Ms. Stromberg stated the "Summary of Hardship" submitted by the petitioners states: "Our hardship is due to the fact that the developers in 1964 created the lots in Block 1 at 73 feet, presented surveys for the lots, and obtained building permits. They apparently were never advised that this was not permissible without a variance. The need for the variance is due to the lot condition created in 1964 and not created by the actions of the applicants. The variance will not in any way alter the character of the neighborhood." Ms. Stromberg stated the Van Cleave's Addition was platted in 1959 with six single family lots. In 1962, there was discussion by the previous property owners and the City, including the Planning Commission and the Plats and Subdivisions Sub -Committee regarding splitting the lots to make an additional single family lot. Subsequently the lot split took place by a handshake between the property owners, and the change in legal descriptions was recorded at Anoka County. However, the lot split was never approved by the City Council or recorded as such. Since then, the subject property has been sold and exchanged a number of times. If the lot split had been approved by the City Council and properly recorded in 1962, the current variance request for the lot width would not be required. Ms. Stromberg stated the City Attorney, Fritz Knaak, has advised that the best way to resolve this discrepancy is to grant a variance to the property reducing the lot width requirement from 75 feet to 73 feet to recognize an existing nonconformity due to the fact that a lot split was not properly recorded in 1962. This hardship is unique to this property and is not intended to set a precedent allowing future lot widths to be reduced to 73 feet. Ms. Stromberg stated the property is zoned R-1, Single Family, as are all surrounding properties. The existing home and garage were built in 1965. Ms. Stromberg stated the petitioners plan to construct a 4.44 foot by 33.36 foot addition to the front of their home. This addition will make the existing home flush with their garage and will meet all setback and lot coverage requirements. In order to construct this addition, recognition of the lot width and side yard setback nonconformities is required prior to the petitioners applying for a building permit. Ms. Stromberg stated staff recommends approval of the lot width variance as the variance corrects an existing nonconformity. Staff has no recommendation on the side yard variance request as a similar variance was granted in the past. A similar variance, VAR #02-15, was granted at 990 Rice Creek Terrace to reduce the side yard setback from 5 feet to 3.86 feet to recognize an existing nonconformity. Ms. Stromberg stated that if the variances are approved, staff recommends the following stipulations: 1. The petitioner shall obtain all necessary building permits prior to construction of an addition. 2. The addition shall meet all zoning code requirements including, but not limited to, setbacks, height, and lot coverage. 3. The addition shall be architecturally compatible with the existing home and finished with complementary siding and color scheme. DECEMBER 10, 2003 APPEALS COMMISSION MEETING PAGE 3 Mr. Kuechle asked Ms. Mathis when she and her husband became aware of this problem. Ms. Mathis stated it came to their attention when they applied for a building permit about 1 % years ago. It then turned into a big mess. MOTION by Dr. Vos, seconded by Mr. Jones, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 7:50 P.M. Dr. Vos stated this is certainly no fault of the current owners. Granting the lot split variance will not change the nature of the neighborhood, and he would vote in favor of approving both variances. Mr. Kuechle concurred. It is certainly well within the limits of a unique hardship. Mr. Jones agreed also. It is unfortunate that this happened to the Mathis. The house has been there since 1965, and the neighbors' houses have probably been there since about the same time, so he did not see a problem there. His biggest problem would be if granting the variance would create a precedent, but he did not see how it possibly could. It was a mistake made back in the early 1960s. Mr. Zinter stated it is a reasonable request given the circumstances, and he would also vote to approve both variances. MOTION by Dr. Vos, seconded by Mr. Zinter, to approve variance request, VAR #03-21, by William & Carolynne Mathis to reduce the required lot width from 75 feet to 73 feet to recognize an existing nonconformity due to the fact that a lot split was not properly recorded in 1962 and to reduce the side yard setback from 5 feet to 4.3 feet to recognize an existing nonconformity with the following stipulations: 1. The petitioner shall obtain all necessary building permits prior to construction of an addition. 2. The addition shall meet all zoning code requirements including, but not limited to, setbacks, height, and lot coverage. 3. The addition shall be architecturally compatible with the existing home and finished with complementary siding and color scheme. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. OTHER BUSINESS: Ms. Stromberg stated this is the Commission's last meeting for the year. She gave the Commission members a brief summary of the variances for 2003: 2 sign variance requests, 10 setback reduction variances, 1 parking lot & hard surface reduction variance, 1 parking stall width reduction variance, 1 increase of maximum size of a first accessory structure variance, 1 variance to allow an accessory structure in the front DECEMBER 10. 2003 APPEALS COMMISSION MEETING PAGE 4 yard, and 1 lot width variance. This totaled 17 variances for 2003. In 2002, the City had 15 variance requests, and in 2001, they had 10 variance requests. Ms. Stromberg stated the Planning staff would like to thank.the Appeals Commission for all its hard work in 2003, and she wished them happy holidays. ADJOURNMENT: MOTION by Dr. Vos, seconded by Mr. Zinter, to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE DECEMBER 10, 2003, APPEALS COMMISSION MEETING ADJOURNED AT 8:08 P.M. Respectfully submitted, Ly a Saba Recording Secretary ABSTRACT Receipt # Q r _� Date/Time laiab Document Order I of ❑ incorrect/No Reference # ❑ Non-standard Document ❑ Certified Copy/ PINs z Recordability SZ Fees $ Filing Copy/Additional Pg Fees $ ❑ Tax Lien/Release ❑ Transfer Well Cert Fees $ ❑ Division ❑ Status ❑ Incomplete Form ❑ Missing Attachment ❑ New legal Description ❑ No Legal Description ❑ GAC ❑ Non-existent Legal Description ❑ Deferred Specials ❑ Part(s) Illegible o Change DOCUMENT N0. /J$41'3 (( ANOKA COUNTY MINNESOTA I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS FILED IN THIS OFFICE FOR RECORD ON'bT_ .Z3 Z00 3 AT q: ,Zs PM AND WAS DULY RECORDED. FEES AND TAXES IN THE AMOUNT OF 'Y Zn • 00 PAID. RECEIPT NO. .Z.C)cOd4 01'b 697 MAUREEN J. DEVINE ANOKA COUNTYPROPERTYTAX ADMINISTRATOR/RECORDER/REGISTRAR OF TITLES BY (; Z DEPUTY PROPERTY TAX ADMINISTRATOR/RECORDER/REGISTRAR OF TITLES William H. Mathis Carolynne B. Mathis 1570 - 60th Avenue N.E. Fridley, MN 55432 November 5, 2003 City of Fridley 6341 University Avenue Fridley, MN 55432 Re: Variance Application Enclosed find the following regarding the above: Variance Application for the property located at 1570 - 60th Avenue N.E., Fridley, Minnesota; 2. Copy of Certificate of Survey dated July 1, 1964; 3. Copy of Certificate of Survey dated July 17, 2002. We wish to construct a 4.44 feet x 33.36 feet addition onto the front of our house. This will make the front of our house a straight line all parallel with 60th Avenue N.E.. We have been advised that we cannot obtain a building permit for this addition due to the fact that we have a nonconforming lot. It is 73 feet in width, and not 75 feet in width. The developers of this plat in 1964 made the lots in Block 173 feet in width and obtained building permits based upon surveys showing 73 foot wide lots. This 4.44 foot addition will not affect either the front or side yard setbacks. We have an extremely small entryway. It is tight and uncomfortable for people entering our home, with a close juxtaposition of door, stairs, and side walls. One cannot enter our home and go into the living room with ease. We want to improve this situation by bumping out the front of our house a bit to open up the entryway and make the entrance to our home less tight and uncomfortable, improving it greatly. The hardship is due to the fact the developers in 1964 created the lots in Block 1 at 73 feet, presented surveys for the lots and obtained building permits. They apparently were never advised that this was not permissible without a variance. The need for the variance is due to the City of Fridley November 5, 2003 Page 2 lot condition created in 1964 and not created by the actions of the applicants. The variance will not in any way alter the character of the neighborhood. Thank you for your consideration of this request to improve our home in Fridley. Sincerely, William H. Mat 's Carolynne B. Mathis )'UR,, • ENGINEERING 21 OL 8 N. W. BRIGHT' AY ,MINNESOTA BRIGHT . INNEESOTA 55112 651-631-0351 FAX 651-631-8805 1 H L JVUAL I HIS R 1570 60TH CITY OF FRIDLEY3 ANOKA C (fvisi 4o� 73" Lu-jc < 3®O' P) (SEE LEGAL DESCRIPTION 191 I-1vive-Meo- ;s a very Loi - 0 1570 60TH AVE. N. EAST LINE OF LOT 4 0 NSI V) 8 Z 2 R LOT 2 CURB' M• j. RIGHT OF WAY, 25 EITHER SIDE OF CENTERUNE):'� CONCRETE CURS EAST LINE OF LOT 4 0 NSI V) 8 Z 2 R LOT 2 7706' . Lak6land Ave. (Brooklyn Park), P. O. Osseo, Minn. Phone M. 5.2181 CASWELL - ENGINEERING COO Registered Professional Engineers and Land Surveyors CERTIFICATE OF SURVEY A 4exa4p/ Ah. z,-asl 4 lhe. Norlh /*o A 1hareol all in YA V eA AW KCS A9.01 77,0Y. %5 1.*-0-rW_ A-Ye.,;7 UA 2* 7 fav[ IN that.t 'thls is a tr of a survey of the boundarie '4'the land described, above. . hue and correct r a pr purport to how Improvements or encroachments, If any. As surveyed . by me this lyr., ay of CASWELL ENGINEERING CO. by 2- .-- _ M3959 -No .2 ;0i�Boc=_—Paq innesota Re, _/ <EM PER & ASSOCIATES LAND SURVEYING • ENGINEERING 721 OLD HIGHWAY 8 N.W. NEW BRIGHTON, MINNESOTA 55112 651-631-0351 FAX 651-631-8805 FRONT VIEW Or 1570 60TH AVE. N. INC- THEMATINS RESIDENCE 15'70 60TH AVENUE N.E. CITY OF FRIDLEY, ANOKA COUNTY, MINNESOTA (SEE LEGAL DESCRIP'nON BELOW) RISER �� '•4N 8917'01" E 73.00 N 89'1i01" E 73.02 _ _ FOUND 1/r FOUND 1/2 3 IRON PIPE - - IRON PIPE NORTH LINE o 1 •n' j SET SURVEY MONUMENT 1 NORTH LINE MARKED -KEMPER 1", 7' OF LOT 4 I d, a, OF LOT 3 �' I c N o I n m EASTERLY LINE I . z o OF LOT 3 .d:. CK IQ< s I o .•d :n 1 ae d e e CONCRETE WALit ' n 3. c 4.21 178 I •• 2209 CONCRETE PQRCH. X 3 b 1 a 33.38 0 279 G AS ci Zid R N, ETE8 �a N 1570 60TH AVENUE N.E.rb 91 TWO STORY FRAME RESIDENCE BUILDING FOOTPRINT AREA -1.42a SQ. FT. N S ti 21.30 8 of N C ° (�1 n /� 1 19.29 14.87 '" 13.32 <1 W TER nd J 1 1 F WOOD DECK N rn 1 LOT 2 w1 I 5 Lf)I 1 WEST LINE OF IC -41 THE EAST 2 FEET OF LOT 4 m I EAST UNE 1 �D F O OF LOT 4 N 1 WEST LINE OF LOT 3 OVERHEAD UTILITY LINES , 0 10 20 1 INCH EQUALS 20 FEET BASIS FOR BEARINGS: SOUTH UNE OF LOT 3 BEARS S 8913'28' W AS PER RECORDED PLAT OF VAN CLEAVE'S ADDITION. LEGAL DESCRIPTION (DOC. NOS. 390963, 315803, 1296946) The East 2 feet of Lot 4 In Block 1, and all of Lot 3, Block 1, except the East 4 feet of the North 140 feet thereof, "Van Cleaves Addition", according to the recorded plat thereof, and situate in Anoka County, Minnesota. ►5 a. SET SURVEY MONUMENT I MARKED *KEMPER 1 7' Z E _ P0� FOUND 1/2- 10' UTILITY EASEMENT N 8977'01' E 73.05 _-0 IRON PIPE d— — �s 8977'01b w 7.98 216.98 (DESC) ■ m u...... �`m „ FOUND 1/2' PINCHED 0.— IRON .-IRON PIPE S 8913'28' W 216.91 (MEAS) CERTIFICATE OF SURVEY 02239 (02239.DWG) D.B. TODD HOLEN S 891 3'28" W 64.93 64.95 (DESC) HILL DRIVE Til (25' RIGHT OF WAY) (UNIMPROVED) 0 N CO O V 0, n w 0 r 0 -o p) 3 m D N v LOT A — 180 FOUND 1/2' — —0- IRON PIPE N 89'13'28' E 159,95 (MEAS) \t\ttt� t `.,. r`:::. / WAS PREPARED BY ME OR ,,CERTIFICATION ` kms?" ............:''?,�. Y•-.tjEREBY CERTIFY THAT THIS SURVEY, PLAN, PREPARED FOR: � ��'' • ':'MYTDIRECT SUPERVISION AND THAT BLAIR GEORGE � .� F�s�FF.4;�Ci� i".!. :, I AM: A DULY LICENSED PROFESSIONAL LAND IDEAL CONSTRUCT�N SURik:YDR UNDER THE LAWS OF THE STATE 12621 MER CIRCLE � LAW tiJt�itjL'YoFl � OF MINNESOTA. BLAINE, MINNESOTA—65434 OFFICE 763-757-33,kr '•. 18407 •_ ,.• ®� C' ` CELL 612-369-669&,��J�' �F •M'tjk�'�5``AARK D. KEMP PLS t DATED THISCZ�: �DAY OF � 200: G7YOF FRIDLEY FRIDLEY :MUNICIPAL CENTER - 6431 UNIVERSITY AVE. N.E. FRIDLEY. NIN 55432 - (763) 571-3450 - FAX (763) 571-1287 November 17, 2003 William and Carolynne Mathis 1570 60'' Avenue NE Fridley MN 55432 Dear Mr. and Mrs. Mathis: Per Minnesota Statute 15.99, local government units are required to notify land use applicants within 10 working days if their land use applications are complete. We officially received your application for a variance on November 7, 2003. 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 December 10, 2003 at 7:30 P.M. in the City Council Chambers at 6431 University Avenue. If your variance application needs to be reviewed by the City Council, the meeting will be held on January 5, 2003 at 7:30 in the City Council Chambers. If you have any questions regarding this letter or the process, please feel free to contact me at 763-572-3595. Sincerely, r , Stacy tr6 berg Planner C-03-134 .0 . CITY OF FRIDLEY 6431 UNIVERSITY AVENUE **onto the front of their house and FRIDLEY, MN 55432 (2) To reduce the required side yard set back (763)572-3592 from 5 ft. to 4.3 ft. to recognize an existing building constructed in 1964. COMMUNITY DEVELOPMENT DEPARTMENT VARIANCE APPLICATION FOR: X Residential Commercial/Industrial Signs PROPERTY INFORMATION: (site plan required for submittal, see attached) Address: 1570 - 60th Ave. NE, Fridley, MN 55432 Property Identification Number: 24-30-24-11-0090 Legal Description: Lot Block Tract/Addition The east 2 feet of Lot 4, in Block 1, and all of Lot 3, Block 1,except the east 4 feet of the north 140 feet thereof, Van Cleave's Addition. Current Zoning: Residential Square Footage/acreage: 20,813 sa. ft. / . 4778 acr Reason for Variance: (1) To reduce the reaui red lot width from 75 f t . to 73 ft to recognize the existing recorded conveyance in 1964 in order to permit the applicants to construct a 6 ft. x 24 ft. addition** Have you operated a business in a city which required a business license? Yes No x If Yes, which City? If Yes, what type of business? Was that license ever denied or revoked? Yes No AI.VA.AIAIA.AIA/AI.V AIArAIM.VRIA/IYA/.V/VA/1VIVIVIVIV�..1/1V /H.V/VA1.V/V.1/1VIVIV/V../.VI./IYM1V M/�IAI/./IV../AI.Y/r/HM1VA/.Y../MIV.VM.VMIYM�/M..I.V.V.VM FEE OWNER INFORMATION (as it appears on the property title) (Contract purchasers: Fee owners must sign this form prior to processing.) NAME: William H- mat -his and Carnlynnp R- Mathis ADDRESS: 1570 - 60th Avenue NE Fridley, MN 55432 DAYTIME PHONE: (61 2) 871-5303 SIGNATURE/DATE: !� AIA.I.IA/AIAIA.AII..A.AIAIAIAIAIAIAIAIIVIVIVM.Y/YAI/tIAl1./AIAIAI/�IAIAIIYAIAIAIIVMIV.►IA.AIMMMA.1../NAIN/Y1V/Y AI /YAI MAIA.AII.IAIAI AIIY/Y.!41A/AIA.AI -PETITIONER INFORMATION NAME: William H. Mathis and Carolynne B. Mathis ADDRESS: 1570 - 60th Avenue NE Fridley, MN 5543 DAYTIME PHONE: (61 2) 871-5303 SIGNATURE/DATE l7 Q3 AIAIA.AIAIAIAIAINIVAIM/.IAiIVAII..AIAII.IIYAIAIMMAIAIIV.IMIVAIMMIVMIVIVAIAII.VAIMMIVMAIAIAIAI/YAIAIAIMIVN/V M AIMAIIVA.AIAIAIfAbCb4) Section of City Code: FEES Fee: $100.00 for commercial, industrial, or signs: Fee: $60.00 for residentip operties: a Receipt #: M13 Received By: Application Number: 6Lf 1 Scheduled Appeals Commission Date: o Scheduled City Council Date: '' r 10 Day Application Complete Notification Date: o V, A0021 60 Day Date: '" e5 `► Is VARIANCE APPLICATION SUBMISSION CHECKLIST The following shall be the minimum submission requirements to the Appeals Commission. Applications will not be accepted if the following is not submitted: RESIDENTIAL: ITEM SUBMITTED RECEIVER'S COMPLETE REVIEWER'S INITIALS INITIALS Completed application, with fee (Application is considered complete if all blanks are completed, and both fee owner and petitioner have signed.) Scaled certificate of survey, by a certified surveyor, of property showing north arrow, existing and proposed - structures, lot and block number, adjacent street names, and buildings on adjacent lots within 10 feet of the common lot lines. Elevation of building and description of materials. Narrative of proposed building, and s mmary of hardship. COMMERCIAL AND INDUSTRIAL: ITEM SUBMITTED RECEIVER'S COMPLETE REVIEWER'S INITIALS INITIALS Completed application, with fee (Application is considered complete if all blanks are completed, and both fee owner and petitioner have signed.) Scaled certificate of survey, by a certified surveyor, of property showing north arrow, existing and proposed - structures, lot and block number, adjacent street names, and buildings on adjacent lots within 10 feet of the common lot lines. Elevation of building and description of materials. Landscape plan for all projects requiring a parking lot expansion of four 4 or mores aces. Grading and drainage plan. Erosion control plan. CITY OF FRIDLEY PUBLIC HEARING NOTICE BEFORE THE APPEALS COMMISSION TO: All property owners/residents within 350 feet of property generally located at 1570 -60th Avenue NE. CASE NUMBER: Variance, VAR #03-21 APPLICANT: William & Carolynne Mathis Petitioner or representative must attend the Appeals Commission meeting. PURPOSE: To reduce the required lot width from 75 feet to 73 feet and to reduce the required side yard setback from 5 feet to 4.3 feet to recognize existing non -conformities. LOCATION OF 1570 -60th Avenue NE PROPERTY AND LEGAL The east two feet of Lot 4, Block 1, and all of Lot 3, Block 1, DESCRIPTION: except the East Four feet of the North 140 feet thereof, "Van Cleave's Addition", according to the recorded plat thereof, and situate in Anoka County, Minnesota. DATE AND TIME OF Appeals Commission Meeting: HEARING: Wednesday, December 10, 2003, at 7:30 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 Paul Bolin, Planning Coordinator, or 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 ACCOMODAT/ONS: Interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no later than December 5, 2003. The TDD # is 763-572-3534. ANY QUESTIONS: Contact Paul Bolin, Planning Coordinator, at 763-572-3599 or Stacy Stromberg, Planner, at 763-572-3595. BAKER KENNETH J & MYRNA A BAUNE JOHN E & CAROLYN B BENSING MICHAEL J & SUZANNE M 5925 OAKWOOD MANOR NE 1508 FERNDALE AVE NE 1560 FERNDALE AVE NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 BENSON JANELL RHEY BENSON STEPHEN J & SUSAN K BLANK TIMOTHY J & ALICIA M 5951 OAKWOOD MANOR NE 5910 OAKWOOD MANOR NE 1648 KRISTIN CT NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 BOLICH JOHN JR & ELAINE BURMIS CHESTER J & GRACE B CAMERON JOHN R & SUSAN M 1580 60TH AVE NE 5963 OAKWOOD MANOR NE 5924 OAKWOOD MANOR NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 CLEMENS WILLIAM J CURRENT RESIDENT CURRENT RESIDENT 6020 BENJAMIN ST NE 1560 HILL DR NE 1568 GARDENA AVE NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 5906 GARDENA AVE NE 5923 OAKWOOD MANOR NE 5924 GARDENA AVE NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 5942 GARDENA AVE NE 5965 OAKWOOD MANOR NE 6431 194TH LN NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 DUCHENES KRISTINE L ELSE CRAIG E & CAROL J FREDERIKSEN ANGELIQUE K ETALL 1521 60TH AVE NE 1591 60TH AVE NE 5942 BENJAMIN ST NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY CITY OF GEVING COREY A GILLITZER ROBERT J & S J 6431 UNIVERSITY AVE NE 1541 60TH AVE NE 6011 BENJAMIN ST NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 GYALTSEN TSERING HAMILTON JAMES P & VICKI A HANK STEVEN & KAREN 5921 BENJAMIN ST NE 5990 OAKWOOD MANOR NE 6630 LUCIA LN FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 HATTEN WILLIAM P & EDER M D HAUKAAS JON H & HUBER JEAN A HUNT FRANCIS W & GLORIA A 5955 BENJAMIN ST NE 5991 BENJAMIN ST NE 1505 60TH AVE NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 v JOHNSON DANIEL M & SUSAN F KEELER TINA M KENT CARL E 5941 BENJAMIN ST NE 5928 OAKWOOD MANOR NE 6021 BENJAMIN ST NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 LARSON MICHAEL S & CYNTHIA M LEWIS VIRGINIA LILLMARS GLENN A 1660 KRISTIN CT NE 1567 60TH AVE NE 4886 HIGHWAY 61 N #102 FRIDLEY,MN 55432 FRIDLEY,MN 55432 WHITE BEAR LAKE,MN 55110 LONG WESLEY C & JANICE P MAKI WADE & AYERS LISA M MARKLEY M M & REYNOLDS LARRY 1560 60TH AVE NE 1511 60TH AVE NE 6065 MCKINLEY ST NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 MATHIS WILLIAM H & CAROLYNNE B MCGEE GARY L & KAREN L MORRISSEY MICHAEL P & KARI L 1570 60TH AVE NE 1540 FERNDALE AVE NE 1590 60TH AVE NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 NO AMERICAN ISLAMIC TRUST INC OLSON C W & BLANCHETTE V L OLSON PETER A 1401 GARDENA AVE NE 5926 OAKWOOD MANOR NE 1568 FERNDALE AVE NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 PRIEDITIS ELMARS A & INA RAHMOUNE DJAMAL RICKENBACH J S & N O 6031 BENJAMIN ST NE 1601 GARDENA AVE NE 700 67TH AVE NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 ROLLAND MARJORIE M RYD CRAIG A & JUDITH L SAWYER SUSAN D 1561 GARDENA AVE NE 5961 BENJAMIN ST NE 6040 BENJAMIN ST NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 SHORMA STEPHEN F & KAREN R SOEDER GEOFFREY R SOLBERG TIMOTHY D & CYNTHIA 5916 OAKWOOD MANOR NE 1522 FERNDALE AVE NE 1654 KRISTIN CT NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 SORSOLEIL RODGER LEE & ANNA SPENCER PAUL W & JOYCE A STEIFER T A & MILLER C A 1561 60TH AVE NE 6020 MCKINLEY ST NE 5950 BENJAMIN ST NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 TARMAN SHELDON E & GLORIA E TAYLOR CATHERINE E TILLER BAILEY A & MARIE M 1581 60TH AVE NE 1565 GARDENA AVE NE 1535 GARDENA AVE NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 TILLER JEROME L & ANNE M 1555 GARDENA AVE NE FRIDLEY,MN 55432 WAZWAZ TAREK 5906 BENJAMIN ST NE FRIDLEY,MN 55432 VOJACEK KENNETH A 7525 LAKESIDE RD NE FRIDLEY,MN 55432 YANG CHIA & LAHARD MOUA 5960 OAKWOOD MANOR NE FRIDLEY,MN 55432 WALUS MICHAEL D & MARY ANN 5993 BENJAMIN ST NE FRIDLEY,MN 55432 City of City of Fridley Fridley Public Hearing Notice LEGEND Variance Request 1570 60th Avevnue Petitioner: William and Carolynne Mathis N Sources: A Fridley Engineering Fridley GIS Anoka County GIS Map Date: 11/28/03 KNAAK & KANTRUD, P.A. Attorneys at Law Frederic W. Knaak* H. Alan Kantrud** * Also Licensed in Wisconsin & Colorado ** Rule 114 QualifiedADR Civil Neutral June 18, 2003 3500 Willow Lake Blvd., Suite 800 Vadnais Heights, MN 55110 Telephone: (651)490-9078 Facsimile: (651)490-1580 Mr. James M/Neilsen, Esq. Babcock, Nilson, Mannella, LaFleur & Klint, P.L.L.P 118 K M m Street Anoka,/MN 55303 RF.: Your Clients, William H. Mathis and Carolynne B. Mathis 1570 60'x' Avenue NE, Fridley, MN Dear Mr. Neilsen: Of Counsel Donald W. Kohler Joseph B. Marshall Kathy Krider Hart 'Phis is to acknowledge you letters of June 16, 2003, and March 24, 2003, written on behalf of the Mathises. Based on my understanding from you, and subsequent communications with the City of Fridley staff, I understand that the Mathises applied for a building permit to construct an addition onto their home in the City. This request was denied on the basis that the lot on which their home is non -conforming. In addition, you indicated that someone at the City had told the Mathises that they would have to replat their property in order to sell it and that the permission of the City of Fridley was necessary for a sale to occur. On these latter points, in particular, I queried the staff at some length and was assured that no one can retail or imagine giving any such advice. You are correct in your statement and opinion that the Mathises can convey their property at any time without City permission and would not be required to replat the property in order to do so. As you indicated, however, the lot on which their home is located is smaller than what is currently allowed udder the Fridley City Code. As a non -conforming lot and structure, the Mathises can make routine, necessary repairs and maintenance under the provision of Fridley Municipal Code §205.04.03 that do not "extend or modify" the existing use. Alterations are pennitted, "provided they will not increase the number of dwelling units or. the size of the building," From the information I have, it appears that the Mathises were attempting to increase the size of their home, which would not be permitted the Code, given the lot size. T have attempted to determine whether variances were given for similar projects to the one proposed. To date, none have come to my attention, although I will certainly inform you of any that do. 1 conclude, therefore, that there is no basis at this time to compel City to issue a variance to the Mathises for a building permit at the site. I would speculate that a communication that could have occurred with the staff by your clients could have taken the form of an inquiry by the Mathises as to what would have to occur to eliminate the non -conforming status of the parcel. The correct answer would have been, clearly, that if the Mathises replatted the lot and were able to create a conforming lot as the result of that effort, this matter would cease to be an issue, as far as the City is concerned. Please let me know at your convenience if I can be of further assistance to you in this matter. Sinc rely, Frederic W. Knaak Fridley City Attorney / (cc:) P. Bolin, City of Fridley v� W. Burns, City of Fridley m2 vr CINOF FRIDLEY FRIDLEY MUNICIPAL CENTER - 6431 UNIVERSITY AVE. N.E. FRIDLEY. MN 55432 - (763) 571-3450 - FAX (763) 571-1287 APPEALS COMMISSION ACTION TAKEN NOTICE December 17, 2003 William and Carolynne Mathis 1570 601 Avenue NE Fridley, MN 55432 Dear Mr. and Mrs. Mathis: On December 10, 2003, the Fridley Appeals Commission officially approved a request for variance, VAR #03-21, to reduce the required lot width from 75 feet to 73 feet to recognize an existing nonconformity due to the fact that a lot split was not properly recorded 'in 1962; and to reduce the side yard setback from 5 feet to 4.3 feet to recognize an existing nonconformity, to allow the construction of an addition to the existing home on the east two feet of Lot 4, Block 1, and all of Lot 3, Block 1, except the east four feet of the north 140 feet thereof, Wan Cleave's Addition", according to the recorded plat thereof, and situated in Anoka County, Minnesota, generally located at 1570 6Vh Avenue NE, with the following stipulations: 1. The petitioner shall obtain all necessary building permits prior to construction of an addition. 2. The addition shall meet all zoning code requirements including, but not limited to, setbacks, height, and lot coverage. 3. The addition shall be architecturally compatible with the existing home and finished with complementary siding and color scheme. You have one year from the date of the Appeals Commission action to initiate construction. If you cannot begin construction during this time, you must submit a letter requesting an extension at least three weeks prior to the expiration date. If you have any questions regarding the above action, please call me at 572-3595. Sincerely, Yi Stacy Stromberg Planner Please review the above action, sign below, and return the original to the City of Fridley Planning Department by January 5, 2004. SS:ls Concur with action taken