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Correspondence - 3916 Northern Avenue - 12/28/2021Zoo? PARKXpRgmg �o 0# Lake Mtfteftka February 14, 2007 Mayor Jerome P. Rockvam Mr. Anthonyollock (952) 47 I -95 15 y 3916 Northern Avenue Council Spring Park, MN 55384 Joanna E. Widmer (952) 471-9429 RE: Site Inspection Bruce Williamson (952) 471-1029 Dear Mr. Pollock: Sarah Reinhardt As you may be aware, an official complaint has been filed with the (952) 471-0767 City of Spring Park regarding your property located at 3916 Northern Gary Hughes Avenue. Our City Attorney, Nancy Beck, has instructed we notify you (952) 471-7867 that a site visit will be necessary in order to document and evaluate the basis of this complaint. Administration Sarah Friesen Our Utility Superintendent, DJ Goman, and our contracted Building Administrator Inspector, Lyle Oman, will be inspecting your garage and driveway for D.J. Goman compliance with formerly issued building permits and city code Utility Superintendent regarding size, height, area, location and impervious surface. This Sharon Cori site visit will include viewing the interior of the garage, so it will be Deputy Clerk necessary for you to be available during the visit to provide entrance to the garage. Wendy Lewin Office Assistant Please make arrangements to be at your residence for this site visit on Friday, February 23, 2007 at 3 p.m. If this is not a convenient date and/or time, please let us know alternate dates and times you would be available. Please contact the city if you have any questions. Sincerely, Sarah Friesen City Administrator/Clerk/Treasurer Cc: DJ Goman Lyle Oman William Turner ctyofc9p,IhyPql*k 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-971 1 • (952) 471-9051 • Fax: (952) 471-9160 Email: CityofSpringPark@mchsi.com HEAD, SEIFERT & VANDER WEIDE A Professional Association Attorneys at Law 333 South Seventh Street, Suite 1140 Minneapolis, Minnesota 55402-1823 Telephone 612.339.1601 Facsimile 612.339.3372 Cell Phone 612.501.6196 MEMORANDUM To: D.J. Goman & Lyle Oman From: Nancy Beck Date: February 14, 2007 Re: Complaint regarding 3916 Northern Avenue Spring Park has received a formal written complaint from Bill Turner in December, 2006 regarding the garage and driveway located at 3916 Northern Avenue owned by Tony Pollock. I have reviewed the documents contained in the City's files regarding the issuance of building permits for 3916 Northern Avenue. There is also an application for lot combination in the file. The documents and the applicable provisions of the City Code are summarized below. BUILDING PERMITS for 3916 Northern Avenue/Tony Pollock 1. Building Permit dated 9-27-06 a. Purpose: to add 4 feet to the front of the garage b. Application dated 9-15-06 lists the garage size as 1 story, 864 sf, 36X24X12 c. Plans approved by Lyle Oman on 9-26-06 2. Building Permit dated 5-22-06 a. Purpose: to re -roof and re -side the garage b. Application dated 5-22-6 lists the garage size as 32X24X12 3. Building Permit dated 5-26-04 a. Purpose: remodel of house, including re -roofing and re -siding of east side of house b. Application dated 5-7-04, approved 5-24-04 lists the house as 2 stories, 3,196 sf, 41 X38X26 4. Building Permit dated 9-25-01 a. Purpose: addition to house (add living room with full basement, entryway and deck) b. Application dated 9-10-01, approved 9-10-01 lists the addition as 1 story, 560 sf, house size as 40X38X15 5. Building Permit dated 10-30-98 a. Purpose: remodel/alteration of garage (raise walls by four feet to height of 12 feet + 6/12 pitch roof and add a second 9X11 door... existing door 8X7) b. Application dated 10-28-98, approved 10-28-98 lists the garage as 1 story, 768 sf, 32X24X14 6. Building Permit dated 9-11-97 a. Purpose: remodel/alteration to replace three courses of block with 10 courses of block + footings b. Application dated 9-5-97, approved 9-11-97 7. Building Permit dated 9-11-97 a. Purpose: to remove old siding and replace with log lap siding b. Application dated 9-10-97, approved 9-11-97 8. Building Permit dated 6-3-93 a. Purpose: construction of new garage and re -roof of house b. Application dated 4-19-93 lists garage as 32 feet long and 24 feet high; 8/12 pitch roof; one 7X12 foot door c. Plan approved with corrections 6-2-93 d. Survey dated 5-11-93 shows garage to be constructed as 11 feet from the lot line at the NW corner of the garage (the corner closest to the lot line) e. Survey dated 10-16-03 shows garage as 12.7 feet from the lot line at the NW corner 9. Building Permit dated 9-10-91 a. Purpose: sheet rock, insulation and windows b. Application approved by Lyle Oman 9-10-91 APPLICATION FOR LOT COMBINATION Pollock submitted an application for combination of Lots 13 and 14 dated 9-12-01 Lot combination approved by the City Council by resolution on 9-17-01 2 SPRING PARK ZONING ORDINANCE PROVISIONS GARAGES A private garage is defined as an accessory building or accessory portion of the principal building which is intended for and used to store the private passenger vehicles or recreational vehicles of the family or families resident upon the premises, and in which no business service or industry is carried on. Section 2, Subd. G An accessory building in an R-1 district may not exceed 1,000 sf of floor area, except by conditional use permit. Section 3, Subd. D(2) All accessory buildings and uses shall comply with the following setbacks: accessory buildings and structure except residential docks and boat lifts shall be constructed within the buildable area of the lot as defined in Section 2 of this Ordinance, except as provided in Section 3, Subd. E(4) of this Ordinance. Section 3, Subd. D(5)(a) Section 2 — Buildable area is defined as that portion of a lot remaining after required yard setbacks have been provided. Setbacks required in an R-1 district (Section 12, Subd. E(3)): Side yard — 10 feet Rear yard — 10 feet City street — 30 feet County street — 50 feet High water mark — 50 feet Top of bluff — 30 feet Section 3, Subd. E(4) — Certain encroachments are not considered to be encroachments on required yard setbacks. Neither garages nor driveways are listed as permissible encroachments. Examples of permitted encroachments include: steps, chimneys, eaves, swing sets, trellises, and HVAC equipment. Structures in the R-1 district are limited to a building height of 2'/z stories or 35 feet, whichever is less. Section 12, Subd. E5. Building height is measured from the mean ground level to the mean distance of the highest gable on a pitched roof. Section 2. Subd. B. DRIVEWAYS Driveways are counted toward impervious surface for purposes of determining lot coverage standards. Lot coverage: in R-1 districts, impervious surface must not exceed 30% of the lot area, except as follows: Section 12, Subd. E4(a). An existing lot of record may have impervious surface in excess of 30% of lot area if all three of the following conditions are met: (1) All structures, additions or expansions meet the setback and other requirements of the zoning ordinance. (2) The lot has municipal water and sewer service. (3) The amount of impervious surface does not exceed 3,000 sf. Section 12, Subd. E4(b). New construction, alterations, expansions and remodeling of structures on all lots may expand lot coverage up to 40% of actual lot area through the plan review process, if the following conditions are met: (1) All structures, additions, or expansions meet the setback and other requirements of the zoning ordinance. (2) The lot has municipal water and sewer service. (3) The lot provides for the collection and treatment of storm water in compliance with the City Storm Water Management Plan if it is determined that the site improvements will result in increased runoff directly entering a public water. Plans must be reviewed by the City Engineer and MCWD. (4) Measures are taken for the treatment of storm water runoff and/or prevention of storm water from directly entering a public water such as: a. Appurtenances — sedimentation basins, debris basins, desilting basins or silt traps. b. Debris guards and microsilt basins on storm sewer inlets. c. Oil -skimming devices or sump catch basins. d. Drainage directed away from the lake and into pervious, grassed yards through site grading, and the use of gutters and downspouts. e. Sidewalks and driveways constructed of partially pervious raised materials such as decking which has natural earth or other pervious material beneath or between the planking. f. Use of grading and construction techniques (sand and gravel) which encourage rapid infiltration under 11 ISSUES Garage Tony Pollock constructed a new garage on his property in 1993. He applied for and obtained a building permit for construction of the new garage. Plans for a one story garage with 8/12 pitch roof were approved by Lyle Oman, the City building inspector, with conditions. A survey dated 5-11-93 shows the corner of the new garage closest to the lot line as being 11 feet from the lot line. (Note: Another survey in the file dated 10-16- 03 shows the NW corner of the garage as constructed being 12.7 feet from the side yard lot line and 12.1 feet from the rear yard lot line. It also shows the garage as 32.3 X 24.5 or 791.35 sq. ft.). If the surveys are correct, the garage meets the 10 foot side yard setback requirement. If the information provided in the building permit application is correct, the garage (prior to expansion) met the requirement that an accessory building not exceed 1,000 sq. ft. of floor area (it is listed as 32 X 24 or 768 sq. ft.) If the information provided in the building permit application is correct, the garage meets the height requirements for structures in the R-1 district (2'/2 stories or 35 feet). ------------------------------------------------------------------------------------------------------------ In 1998 Tony Pollock applied for and obtained a building permit to expand his garage by adding four (4) foot stub walls (raising the garage height four (4) feet) and by adding a second garage door. The application lists the garage height as 14 feet. The roof is listed as 6/12 pitch. ------------------------------------------------------------------------------------------------------------ In May 2006, Tony Pollock applied for and received a building permit to re -roof and re -side the garage. This application lists the garage as 32 X 24 X 12. In September 2006, Tony Pollock applied for and received a building permit to expand his garage again by adding four (4) feet to the front of the garage. The application lists the expanded garage as a one story garage of 864 sq. ft., 36 X 24 X 12. ------------------------------------------------------------------------------------------------------------ The 2006 addition of four feet to the front of the garage would increase the building footprint to 36.3 X 24.5 (889.35 sq. ft.). In addition, moving the front of the garage forward four feet, might put the NW corner of the garage into the side yard setback. Mr. Turner's letter alleges that Mr. Pollock's garage is 1,290 sq. ft. and that it contains a second floor which can be built out to create a maximum floor area for the garage of 1,728 sq. ft. in violation of the Zoning Ordinance requirements. Mr. Turner also alleges that Mr. Pollock is using the second floor of his garage as a machine shop. The current actual building floor area, building height, and building location should be confirmed by Lyle Oman and DJ Goman. I suggest that they do the inspection together. In order to confirm floor area, an interior inspection will be necessary to ensure that there is no second floor to the garage which would increase the floor area. Driveway The 2003 survey shows a paver driveway located approximately on the side yard property line up to the mid -point of the lot and then veering slightly away from the property line in the back half of the lot. The survey does not indicate the distance between the driveway and the property line at any point. The driveway as shown meets the rear yard setback as it does not extend back as far as the garage which is shown as 12.1 feet from the rear property line. However, the driveway is clearly located within the 10 foot side yard setback area along the majority of its length. The driveway is not a joint boundary line driveway which is permitted under the Zoning Ordinance. There was no hard cover calculation done in the 2006 building permit application. The 2004 building permit application shows hard cover at 31.8% (the driveway is listed as 2,300 sq. ft. and the garage as 768 sq. ft.). The Zoning Ordinance limits impervious surface to 30% of lot area with certain exceptions. An existing lot of record is permitted to have impervious surface of more than 30% if (a) total lot coverage does not exceed 3,000 sq. ft., (b) the lot is served by municipal water and sewer, and (c) all structures meet the setback requirements and other provisions of the Zoning Ordinance. Based on the information contained in Mr. Pollock's application, the total amount of impervious surface on the lot is 4,620 sq. ft. Therefore, the conditions required for permission of lot coverage of more than 30% impervious surface are not met. The Zoning Ordinance also provides that new construction, additions, expansions and remodeling of structures on all lots may expand lot coverage up to 40% through the plan review process described in Section 5 of the Ordinance, if certain conditions are met. However, there is no evidence that Mr. Pollock's remodeling/expansion project went through the formal plan review process set out in Section 5 of the Ordinance. In addition, there is no evidence that the conditions regarding collection and treatment of stormwater were met. If Mr. Pollock's numbers are correct (and using the garage area shown on the 2003 survey), after expansion of his house in 2004 and expansion of his garage in 2006, 32.7% of his property is covered by impervious surface. There are two apparent problems with Mr. Pollock's driveway, encroachment into the 10 foot side yard setback and impervious surface coverage in excess of 30%. The encroachment into the side yard setback area and impervious surface coverage should be confirmed by inspection by Lyle Oman and DJ Goman. The is no building permit application for the driveway, and none was required. The 1993 survey shows a driveway serving the new garage by dotted lines coming from the sides of the garage to the street (not located along the property line at any point except where it meets the street). The 2003 survey shows the driveway as built located along the property line from the street to the garage and along the side of the garage. SUMMARY At this point, the City Building Inspector and City Utility Superintendent should inspect Mr. Pollock's property. They should contact Mr. Pollock to arrange the inspection. Inspection is authorized to determine conformance of construction to building permits and zoning ordinance requirements. During the inspection, they should determine the following: 1. Amount of impervious surface on the lot. 2. Location of driveway and relation to side and rear yard setbacks. 3. Location of garage and relation to side and rear yard setbacks. 4. Floor area of garage (interior inspection needed to determine existence, use and size of second floor, if any). 5. Height of garage (measured to top of pitched roof). Please give me a call, if you have any questions.