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Name //�n / � n Address Phone
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Legal Lot No. Block No. Tra�c1t �or/ Addn. /��J
D�scri.pLion Z3 HNCY�TD�S �li b �7 L-
Variance Request(s); including stated hardships (attach plat or survey of property
showing building, variances, etc., where applicable)
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Meeting Date Fee . Receiyt No. Signature
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Comments & Recommendations by � /
the Board of Appeals n 7-lj
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City Council Action and Date
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910-F23 1 3/21/,5 2 2 800
Staff Comments
Board members notified of ineeting by I� n�"}QI List members,
date notified, and "Yes" or "No" for plans to attend hearin . Plan
. Date To Attend
Name
� C
Y
Pearson making appeal and the following property owners having property withi 200
feet notified: Bg Whom
Name Date Phone or Mail Notified
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Gary F. Phillips-1545 Gardena
M/M Giles McConville-1588 Gardena
Bertha Lillemoen-1583 Gardena
M/M Allan Fehn-1601 Gardena
M/P1 �aniel Johnson-5941 Benjamin St.
M/M William Costello-1623 Gardena
M/M Curtis Stange-1633 Gardena Ave. N.E.
M/M Charles LaBeaux-1624 Gardena Ave.
M/M Daniel Harrington-1620 Gardena Avenue N.E.
M/M Jerald Bailey-1628 Gardena
M/M Merle Liepke-1634 Gardena _ _ _— -
CITY OF FRIDLEY
843/ UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA 55492
TELEPHONE (812)571-3450
April 13, 1979
NOTICF OF PUBLIC NEARING
Notice is hereby given that the Appeals Corunission of the City of fridley
will conduct a public hearing in the City Council Chambers at 6431 University
Avenue Northeast at 7:30 P.M, on Tuesday, April 24, 1979, in regard to the
following:
Request for a variance to reduce front yard setback
from the required 35' to 24.10', because a request
for a lot split has made the side yard into the
front yard; which will be addressed on Benjamin
Street NE, presently addressed as 1601 Gardena Ave.
Notice is hereby give tha.t all persons having an interest therein will be
given an opportunity to be heard at the above time and place.
VIR6i!VIA SCNNt1BEt
CHAIRt•lOM�N
APPEALS CQt�9MI$$IQfI
Note; The Appeal$ Commissipn will have the final action on this reyuest,
unless there are objections from surrounding neighbors, the City Staff, or
tBe petitioner does not agree v�ith the Conmiissicn's decision, If ar,y of
these events occur, *he request will continue to the City Council through
the Planning Con�nissicn with only a recomnendation from the Appeals Con�missinr,,
Item #5, April 24, 1979
ADMINISTRATIVE STAFF REPORT
1601 Gardena Avenue N.E.
A. PUBLIC PURPOSE SERVED BY REQUIREMENT:
Section 205.053, 4, A, requiring a front yard setback of 35 feet.
Public purpose served is to allow for off-street parking without
encroaching on the public right of way. Also for aesthetic consideration
to reduce the "building line of sight" encroachment into the neighbor's
front yard.
B. STATED HARDSHIP:
None stated, however, the house already exists and the approval of the
variance request would legalize the location of the existing house.
C. ADMINISTRATIVE STAFF REVIEW:
This house is located on a lot large enou9h for two homes, however,.when the
front lot is approved for a building site, it changes the front yard on
the existing house from Gardena to Benjamin. Therefore, the required
setback requirement from Benjamin changes from 17.5 feet to 35 feet.
If the Commission approves this request, we would recommend two stipulations:
l. Change the address on the existing house from 1601 Gardena to
5921 Benjamin Street N.E.
2. Change the existing sewer and water service to the existing house
from Gardena to Benjamin.
�; t APPEALS COMMISSION MEETING� APRIL 2k, 1979 - PAGE 12
(. REOUF.SP FOR A VARIANC� PURSUAI7T TO CHAP't'F.R 25 OP' THE FRIDLEY CITY CODE TO
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M(?TION by 2ds. Gabel� seconded by P1r. Barna� to open the public hearing.
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UPON A VOICE VOTE� ALL VOTING AYE� CHAIR410MAPI SCI�dABEL DECLARED THE PUBLIC f�'J'�RING
AT 9;20 P.M. ,
Ms. Schnabel asked Mr. Fehn to come forward and read the Administrative StAff
Report as Yollows: .
A�1�1IfdIS11tATIVE S'fAFF REPORT
1601 Gardena Avenue N.E. '
k. PU6LIC PliRPO>c SEkVci1 f�Y f2E UTRENLPiT:
Section 205.053, 4, A, requ-irirg a front yard setback of 35 feet.
Public purpose served is to allo�ti for off-street pai,king without -
encrcach�ng on the public right of iray. Also for aesthetic consideration
to reduce the "building line of sight° �ncroachrneni, into the neighbor's
front yard.
f3. STATEC NARDSfIIP:
None stated, however, the house already exists an' the approval of t.he
variance request ���ould legalize the location of the existiny house.
C. ADP1INISTRATN[ STAFF REVIE41:
This house is located on a l.ot large enough for two homes, however,.a;hen the
front lot is approved tor a build';ng site, it changes the front yard on
the existing house frcm Gardena to [3en;am;n. 'fherr_fore, the required
setback requiresnent from Sen;;an�in chanycs froin 17.5 feet to 35 feet.
If the Commissicn apps�uves t"is reGuest, we weuld recommend t�vo stipulaticns:
1. Chanye the address on t;f�e existin.7 house from 1601 Gardena to
5921 fsen;aruin Si.reet PJ.F.
2. Chang� tiie cxisting s�a�,�;r and v,��ter service to the existing house
from Gardena to 6enjamin. _
APP�ALS COMMISSION MEE7'ING� APRIL 21+� 1979 pACE 11
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M
He felt that the lots up to the cu}.-de-sac should conform to the 35 foot setback
and thought the builder should design the houses to accomodate the slope. He
had no problem with the cul-de-sac� but felt the line of site should be maintained
down the street.
Mr. and Mrs. Brent Westeren, 5222 Pierce Street N.E. came forward and stated thst
he agreed with Mr. Case. He also stated that another neighbor who couldn't be
here also objected.
Mr. Hassler stated they would be willing to compromise. He suggested that lot 16
be setback 33 feet, lot 15 be setback 30 feet and lots 14 and 13 be setback 25
feet. This would make for a more gradual change.
Mr. Case an3 Mr. Westeren agreed after some discussion snd after looking at the
topographical map.
Mr. Plemel stated that it seemed like a reasonable compromise.
Ms. Schnabel agreed and stated that they had a definite hardship.
Mr. Case and Nir. Westeren agreed.
M(Yi'ION by Mr. Barna, seconded by Mr. Plemel to close the public hearing.
UPON A VOICE VO'I'E, p,LI, VOTIP;G AYE, CHAIRWOMAN SCHNAEEL DECLARED THE PUBLIC
S�kRING CLGSED A1 9;10 P.M. ,
D1s. Schnabel stated that the compromise that was worked out and agreed to by the
petitioner and the neighbors was that Lot 13 and Lot 14 would have a setback of
25 feet, Lo�� 15 would have a setback of 30 feet and Lot 16 a setback of 33 feet.
Ms. Gabel stated i;hat it seemed like a resonable request and thanked the petitioners
for being willing to compromise.
Mr. Plemel stated that it seemed like a reasonable solution.
MOTION by Ms. Gabel, seconded by Mr. Barna� to approve the request for a variance
pursuant to Chapter 205 of the Fridley City Cocle, to allow the required 35 foot front
setback to be reduced to 25 feet on four wuiluing sites to a11ow construction of
single family dwellings at 5207, 5211' S215� and 52�+1 Pierce Street N.E. with the
stipulation that the setbacks be as follows: Lot 16 will have a 33 foot setback�
Lot 15 wi11 have a 30 foot seLback and Lots 1 and 13 will have a 25 foot setbaek.
UPON A VOICE VOTE� pIS, VOTING AYE� CHAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIID
UNANIMOUSLY.
Ms. Schnabel informed Mr. Mattson that since an agreement had been reached, the
variance request had been approved and he was free to proceed.
Mr. Mattson thenked the Co�issioners.
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APPEALS COhII�'iISSION 1�TING� APRIL 24� 1979 _- PAGE 17
,f
Ms. Schnabel asked the neighbore present if they had a�y objection to the setback
Mr. Fehn was requesting.
Mr, Plemel stated they should keep in mind that the building is.already there.
Mr. IIarna �tated that all they were really doing was changing the terminolo�y.
The neighbors stated they would have no objection to this variance� but would
object to the proposed house on Parcel A.
Ma. Schnabel stated that if they want to object to that they should attend the
Council meeting. The 13oard oP Appeals has no control over the lot split� so that
iP they want to object, they should go to the Council meeting. She suggested they
call the City Iiall and find out when it will appear on the Council's a�enda.
The neighbors reiterated that they had no objection to the variance.
MO'i'ION by Ms. Gabel, seconded by Mr. Plemel� to close the public hearin�.
UPON A VOICE VOTE� ALL VOTING AYE� CHAIRW0.IAN SCfiIVABEL DECLARED THE PUBLIC iIEARING
CLOSED AT 10:10 P.M.
Ms. Schnabel stated that she thought it could be on the Council's agenda for the.
meeting of May 7.
Ms. Schnabel stated that they should highlight in the minutes that the StafY had
recorrm�nded two stipulation one oY which regards the sewer clean-out. Council
should look at the sewer clean-out problem and what would happen to it if the
lot split is approved an3 also how the owner of Parcel B would have access to that
sewer clean-out.
Mr. Plemel stated that if P;r. Fehn sold Parcel A� he would have to retain an ease-
ment if he inten3s to keep the water and sewer there. He felt it would be to
Mr. .'ehn's advantage to chan�e the water and sewer lines to Denjamin. He noted
that if reoairs were needed, it would be quite expensive to mske the repairs on
someone else's property.
Mr. Fehn agreed.
I�Ir. Moravetz stated that it would not be a very attractive lot to sell if the lines
were retained there. A1r. b:oravetz also stated tl�at in addition to the cost of
constructing a new line off of BenjaminJ there could be some additional assessments.
Iie informed Mr. Fehn that he could call someone in the Special Asaessments Department
for more information on that.
Ms. Gabel asked if she understood correctly that the neighbors were not concerned
about this variance request but were concerned about the lot sglit2
Ms. Schnabel stated that wns correct.
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APPEALS COMMISSION MEE,TINGL APRIL 2�� 1979 - PAGE lg
t-, -
MOTION by Mr. Plemel� seconded by Mr. Barnay that if the lot split is approved
they reco�nend approval of the request for variance pursuant to Chapter 205 of
the Fridley City Code, to reduce the front yard setback from the required 35 feet
to 24.10 feet because a request £or a lot split has made the side yard into the
front yart; which will be addressed on Benjsmin Street N.E.� present]y addressed
as 1601 Gardena Ave. N.E.� Fridley� Dfn.� with the following stipulations: 1. Change
the address on the existing house from 1601 Gardena to 5921 Benjamin Street N.E. and
2. Change the existing sewer and water service to the existing house from Gardena
to Eenjamin.
UPON A VOICE VOTE� ALL VOTING AYE� CHAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIID
UNANINOUSLY.
Ms. Schnabel stated this would go to Council on Ma,y 7,
Mr. Moravetz suggested that Mr. Fehn call and make sure that,it is on the agenda
f or May 7.
Ms. Schnabel declared a recess st 10:20 P.M. and reconvened the meeting at 10;35 P•z�•
Ns. Schnabel stated that during the recess a question had come up as to what
Council's action was on the lot split request made by Mr. Fehn.
Mr. Barna stated that he was at the meeti:ng and the lot split request was tabled
until the first meeting in I�ay.
ELECTION OF CFiE
VICE CHA]RPERSON TO SERVE Ff;OM 5/1/79 to
MOTIO Pdr. Plemel, seconded by Mr. Barna, that Ms. Schnabel continue as Chair-
person an �1s. Gabel continue as Vice Chairperson for the period o� 5/i/79 to
5/1/80. �
UPON A VOICE VOTE� VOTING AYE� CHAIRWOMAN SCY•PiABEL DECLARED THE MOTION CARRIED
UNANIM(}USLY.
Me. Schnabel and Ms. Gabel
8. �THER BUSINESS:
the Co�issioners for their confidence.
Ms. Schnabel stated that on Saturday the Metro uncil has a program open to the
public. The program costs $2.00 per person. The ie is the condition of the
older part o£ the region and what do the vital signs w. It starts at 9:3o and
goes until 4:30 at the Landmark Center in St. Paul. Ms. bel stated that she
felt it would be very pertinent to Fridley.
Mr. Plemel stated tY�at the City should pay the e�cpenses for it
include parking� mileage and lunch.
should
Mr. Boardman stated they should keep their receipts for all their costs and the
City would reimburse them.
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MEMO T0: File - Variance - Ailan Fehn, 1601 Gardena
MEMO FROM: Richard Ne Sobiech, Pub7ic Works Director
MEMO DATE: May 9, 1979
SUBJECT: Allan Fehn Variance
The City Council at their regular meeting of May 7, 1974, approved
the front yard setback variance from 35 feet to 24 feet with the
following stipulations:
1. 7he address of the existing house will be changed from
1601 Gardena to � Benjamin Street.
s9 2 /
2. The existing sanitary sewer and water services to 1601 Gardena
shall be authorized for the proposed new structure on the newly
described property of the lot split, and the existing structure
shall have new sewer and water services from Benjamin Street.
RNS:ik
cc: Jerry Boardman, City Planner
Address File ✓
MEMO T0: Virgil Herrick, City Attorney ,�
MEMO FROM: Richard N. Sobiech, Public Works Director �
MEMO DATE: May 10, 1979
SUBJECT: Agreement Stipulation to Lot Split Approval
at 1601 Gardena Avenue N.E.
As you are aware, the City Council approved the referenced lot
split at their meeting of May 7, 1979. This stipulation to ap-
proval was that an agreement be made between Mro Fehn, the peti-
tioner, and his neighbor to the east, Mro Costello, which would
indicate limits of construction for any future house bui5t on
the newly estab7ished lot.
Could you please prepare a document which wouid satisfy the stipu-
lation. If you forward it to my office, I wi17 then have it exe-
cuted.
Thanks for your help.
RNS:ik
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0.r�� H o� rQ"S��L..��
8431 UNIVEHEITY AVENUE N.E., FRIDLEY, MINNESOTA 55432
SELEPHONE ( 812)571-3450
CITY COUtdCIL
ACTIO� TAKEN NOTI(;E
Mr. Allen Fehn
1601 Gardena Ave.
Fridley, Mn. 55432 .
Dear Mr. Fehn:
On _`_La�_7, 1979--___._.._------.------' i:ix: Ft•iu1a�y C;ly Cc�.;r:ci�!
offic-ialiy appi°oveu ycur i-e:!�.•�::::t icr front ard setback variance
arith i:he stipulat?o~�s; 1 i;:i,�:o '.;ei;,;,.
--- _._.Y_. .— - —_ --------- .._ _ _ �----
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l'�FdS.. 1'L'1�7C. �;Il� no�ed Sj;1�U�dtlO^5. S1'y'�1 �.!n_ o:dj.f:iiiSil't: UeiVYiy ¢il'� '
re':!�r^; une copy i.o che City oF Fridley.
Z{� ,y011 �1dVC' B!?;� C{l!��tlGi1S t'P_��ll"CI1110.t.Ii2 i!i;U`IC` BCt101�t� ��P_dSf'. Cd7�
5.iz�� Com;�unity Devel.r,pmer± Office at 571-3�}50.
Si�'e;y,
eIiROLU 1_. i3�
ITY PL;,fvt4ER
JLE3/�e
ll��li�!ftt10"!S:
1. The address of the existirg house will be changed from
1601 Gardena to 1521 Benjamin St.
S9
2. The existing sanitary sewer and water services to 1601 Gardena
shall be authorized for the proposed new structure on the newly
descri6ed property of the lot split, and the existing structure
shall have new sewer and water services from Benjamin Street.
Concur ��aith action tal:en