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VAR 04.79APPEALS COMMISSION MEETING APRIL 24, 1979 PAGE 8 o Ms. Gabel asked Mr. Kok if he had talked to the people Vho lived in the white stucco house to the north. Mr. Kok stated that he was going to do the construction. Ms. Schnabel asked for comments from the audience regarding this request. There were no comments. MOTION by Ms. Gabel, seconded by Mr. Plemel, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE PUBLIC HEARING CLOSED AT 8:25 P.M. tion residence and Mr. Plemel stated that he closer thethisotherd be a nice structures.. heiwouldthaveeno problem.with since it would be no it. MOTION by Mr. Plemel, seconded by Ms. Gabel, to approVe the request for a variance pursuant to Chapter 205 of the Fridley City Code to reduce the side yard setback from the minimum requirement of 10 feet to 5.9 feet to allow the construction of a 16 foot by 32 foot addition to the rear of a house at 6517 McKinley Street N.E. An additional variance is needed because at the time of the construction of the original house the front yard setback was reduced to 33 feet instead of the required 35 feet. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE MDTION CARRIED UNANIMOUSLY. Ms. Schnabel informed Mr. Kok that he was free to apply for a building permit. Mr. Kok thanked the Commissioners. --- 5 � } C3 ' - = VARIANCE P r_ NT T OF-`fAEE- FRII3LEY CITY CODE TO - — t#t -,m V Allo, -cpm :c m _ RFDUCED TO 25 FEET ON tsonJ" _1_;� , -3rd u,, Nnoua� ru,• IL_»�"�� MOTION by Mr. tea, seconded by Mr. Plemel, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCBNABEL DECLARED THE PUBLIC ,ARING OPEN AT 8:27 P.M. Ms. Schnabel read the Administrative Staff Report as follows: APPEALS COMMISSIOII M]=TNC APRIL 24-p 19T9 - PAGE 9 ADMINISTRATIVE STAFF REPORT •.-...... _52Il7, 521T 52=Z5�_5241__Tierce Street -NX 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 in to the neighbor's front yard. F B. STATED HARDSHIP: Bad lots need fill and each lot must be compacted. We are approximately 16 feet low that must be filled and compacted. C. ADMINISTRATIVE STAFF REVIEW: These lots are located along the east side of the street. The existing grade falls off rather steep away from the street. If the homes were built at the normal 31' foot setback, the lots would require more fill. If variances are granted *then the home on Lot 17, which has the normal 35' setback; should have some consideration by having the mouse on Lot 16 maintain a 30 foot set- back. This would result in a more gradual setback change and ;could lessen the encroachinnnt into the "sight fine" from Lot 17 or 5251 Pierce Street N.E. Lot 13 was granted a variance down to 25 feet last October, however, a reapproval would extend the time period to one year from new approval. Mr. Mattson and his associate Mr. Hassler came forward and bIt. Mattson stated that his problem was that it would take approximately another 8000 yards of fill to fill because it has to be compacted. The fill that is there will have to be moved off because it is not buildable fill. He would like to level down the hill also. Ms. Schnabel asked if he was talking about filling up to the road level? Mr. Mattson stated it would be below grade and they would all be walkouts. If he got the variance it would eliminate 10 feet of fill. Also, if they could move up 10 feet it would give him an extra 10 feet to slope the hill in the back so the people behind won't have water problems. Mr. Mattson stated that Mr. Hassler would be building his own house on the cul-de-sac. He noted that he had spent about $2+,000 on the retaining wall and they weren't done yet. They could be putting in another retaining wall. They thought they could bring the fill up from the lower land they had bought but it wasn't enough. They would still have to buy 8000 yards df fill. If they coald have the 10 foot variance, they wou3d have a better back yard. APPEALS COMMISSION MOVING APRIL 24, 1979 _ - PAGE 10 , 1 Ms. Gabel stated they would still have to buy a lot of fill. Mr. Mattson stated that was correct and also stated that he would never have tackled this if he had realised all the problems there would be. Ms. Gabel asked what the road was that winded down behind it. Mr. Mattson stated that was a dirt road they used for hauling the fill and it wouldn't be there after they were done. He stated that the closer he could get to the street, the better he would be able to slope the back and he would put some ties in there so it would have scme aesthetic value, not only for the neighbors sake but because Mr. Hassler would be living there and he wants it nice. Mr. Hassler stated they would bring in enough fill to have a nice driveway no matter what it costs. He stated that if they could bring it forward 10 feet there would be a little yard in back on the first three lots because it was not as steep as the other lot. It would also give it a nicer slope and help the runoff. Ms. Gabel asked about the drainage. Mr. Hassler stated they were setting aside 35 feet on another lot for a catch basin. Ms. Schnabel referred to the Administrative Staff Report and noted that Staff had recommended that the house on Lot 16 maintain a 30 foot setback. Mr. Mattson agreed and stated that it would look better. Ms. Schnabel stated that the house next to the lot was setback at 35.4 feet from the street. If lot 16 was setback 30 feet it would give a more gradual setback change. Ms. Schnabel stated that on lot 13 they showed on the survey a setback of 13 feet on the south side. Mr. Plemel asked if they would need a variance for that. Ms. Schnabel stated that she was not sure. Ms. Gabel stated he already had it and asked if they were changing the variance. Mr. Hassler stated they were not changing it. Mr. Mattson stated they were not asking for side yard setbacks._; Mr. Hassler stated he had made a mistake and they wouldn't need a side yard variance. Ms. Schnabel asked for comments from the audience and explained Mr. Mattson's request. Mr. Larry Case, 5251 Pierce St. N.E. came forward and stated that his house and the one next door to him is setback 35 feet. So even if the lot next to him was set- back 30 feet, it would still be a 5 foot difference. He understood the problem With filling in the back but still -felt that the 5 feet was too great a distance. APPEALS COMMISSION MEETING, APRIL 24, 1979 PAGE 11 • $e felt that the lots tip to the cul-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 that 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 and Mr. Westeren agreed after some discussion and 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 Mr. Westeren agreed. MOTION by Mr. Barna, seconded by Mr. Plemel to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE PUBLIC DARING CLOSED AT 9:10 P.M. Ms. 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, Lot 15 would have a setback of 30 feet and Lot 16 a setback of 33 feet. Ms. Gabel stated that 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. I�OTIpN }�Y ids. babel, second ly AZr: Bar a n _ apFre�z h .: equns, or a vAr --ce pusuant�tQ Cter 205 of tie Fridley City. Ccxle, to allflw the required 35 foofroa# eeiback to be :reduced to 25 eet bn four bui1ding.,s3tcs,to allow construction of `siAgie family dwellings at 5 ,7,- $2 L7.,, 5215 and _5241,,Pierce_ Street N.E. witht the � Lot_ Uat ba that the setback p Ut - i6 will have a " 33 foot==stttiack p be as foll w s- 15 *'ll have a 30 foot s,tbaek'and Lots 14 and 13 will -hove a 25 faot setback. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIED 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. Air. Mattson thanked the Commissioners. APPEALS COMMISSION MEETING, APRIL 24, 1979 PAGE 3.2 � • 6. REQUEST FOR A VARIANCE PURSUANT TO CHAPTER 25 OF THE FRIDLEY CITY CODE TO REDUCE FRONT YARD JETBACK iROM THE REQUIRED 35 FEET TO 24.10 FEET EECAUSE A REQUEST FOR A LOT SPLIT US MADE THE ::IDE YARD INTO THE FRONT YARD; WHICH WILL 13E ADDRESSED OI'i L'ENJA14IN STREET D.E. PRESEITTLY ADDRESSED AS lbOl GARDENA AVENUE N.E. FRIDLEY, M. Request by Allen Fehn, 1601 Gardena Avenue N.E., Fridley, Mn. 55 32 MOTION by Ms. Gabel, seconded by Mr. Barna, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCMIABEL DECLARED THE PUBLIC HEARING AT 9:20 P.M. Ms. Schnabel asked Mr. Fehn to come forward and read the Administrative Staff Report as follows: ADMINISTRATIVE STAFF REPORT 1601 Gardena Avenue N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.053, 44, 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 enough 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 Ben aurin. Therefore, the required setback requirement from Benjai-fl n changes from 17.5 feet to 35 feet. If the Commission approves this request, i.,e would recommend two stipulations: 1. Change the address on the existing house from 1601 Gardena to 5921 Benjamin Street N.E. 2. Change the existing sev-or and water service to the existing house frow Gardena to Benjamin. CI'T'Y OF FRIDLEY 6431 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA 55432 TELEPHONE ( 812)571-3450 D.A.B. Ines tnen ts. Inc. 10301 University Avenue. Minneapolis, MN 55434 Re: 5201 Pierce Street N.E., Lot 13, Block 1, Marian Hills Dear Sirs. The City of Fridley recently received a complaint from one of the citizens about the tree debris left on the above referenced lot. On September 5, 1979 we made an inspection of the vacant property and noted that there was some. fallen trees being stored along the easterly edge of the lot. Would you please see that this material is hauled off and is disposed of at an approved landfill. We will expect that this can be accomplished by October 1, 1979. Your cooperation will be appreciated and if you have any questions, please call me at 571-3450. Sincerely, i' DARREL G. CLARK Chief Building Official DGC/mh I - 44,4A.S ? f , From the desk of SPEED MESSAGE DATE August 31, 1979 NASIM QURESHI CITY MANAGER'S OFFICE TO Cit-Man4er SUBJECTMr. Schne�,der called .,re pro0em': Ir. Si d Doyl e 5210 Buchanan 45-.71-0059) , a i d Lkr' i s. new, cobstructi on on Pierce Stifept which backs Up to his lrot-t'"I'Pis,--Beverly Buit1ders—DeGardner Realty doing the wdrk. Thi dont�ract6r �6§Abk4'�'dd-a bunch of trees and piled them against Doyle—r—s-fe-nce and he has some landsca pe people coming out this week or next week and he would like to have them out of there and the fence checked to see if there is any damage. The trees are not piled on his lot, but are up against his fence). I asked if this is I something the City should be getting involved in and Mr. Schneider said that Mr. Doyle has called these people but they have done nothing. If you have the chance - call Mr. Schneider. He has one small item for you, but it is not that urgent and can wait until Monday if you are really tied up. MLS FROM SNAP -A -WAY" FORM 44.899 2 -PARTS WILSON JONES COMPANY • rd 1961 • PRINTED IN U. S. A. �� �,_ /7 q,t � ,r, :S -2G , P"Ilul . 5431 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA 55432 TELEPHONE ( 512)571-3450 October 1, 1979 D.A.B. Investments Inc. 10301 University Avenue Minneapolis, MN 55434 Re: 5201 Pierce Street N.E., Lot 13, Block 1, Marian Hills Dear Sirs: On October 1, 1979 the City reinspected the vacant lot at 5201 Pierce Street for compliance to our September 7, 1979 letter. We were pleased to find that alot*had been accomplished in that all but the tree stumps had been removed. Since these also fall into the classification of debris, they must also be removed. Your continued effort and cooperation in completing this abatement is expected and we will again inspect the premises for the stump removal on October 15, 1979. if you have any questions on this matter, please contact me at 571-3450. Sincerely, D . CLARK Chief Building Official DGC/mh CC: City Manager g - s W.111 6431 UNIVERSITY AVENUE N.E.. FRIDLEY, MINNESOTA 66432 TELEPHONE ( 612)571-3450 October 17, 1979 h D.A.B. Investments Inc. 10301 University Avenue Minneapolis, MN 55434 Re: 5201 Pierce Street N.E., Lot 13, Block 1, Marian Hills. (THIRD NOTICE) Dear Sirs: Enclosed are copies of our letters to you dated September 7, 1979 and October 1, 1979 which brought to your attention the need to remove the tree stumps from the above noted property. A reinspection was made on October 15, 1979 and it was noted that the tree stumps had not been removed. We will expect that this material will be gone from the site by November 1, 1979 when we will again make an inspection to determine compliance. Failure to abate this violation may result in this matter being turned over to the City Prosecutor for his legal consideration.. Sincerely, DARREL G. CLARK Chief Building Official DGC/mh ENC: 2 CC: City Manager