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PL SUBCOM 04/18/1973 - 31136m _. �_ � ,,• i i �� I ' � i � CITY OF FRIDLEY PLATS & SUBDIVISIONS- STREETS & UTILITIES SUBCOrIl�IITTEE MEETING CALL TO ORDER• APRIL 18, 1973 PAGE 1 Chairman Harris called the meeting to order at 7:05 P.M. ROLL CALL: Members Present: Harris, Members Absent: Forster Others Present: Darrel Engdahl, French, Meissner Clark, Coumnunity Development Administrator APPROVE PLATS & SUBDIVISIONS-STREETS & UTILITIES SUBCONIMITTEE MINUTES: MARCH 15, 1973 Motion by Meissner, seconded by French, that the Plats & Subdivisions- Streets & Utilities Subcommittee minutes of March 15, 1973 be approved as written. Upon a voice vote, all voting aye, the motion carried unanimously. 1. VAC�TION REQUEST: SAV ��73-05, GILBERT MENKVELD: Vacate public easement ' to 67th Avenue N.E, between Anoka Street N.E, and Fridley Street N.E. to all 30 feet to the North/South dimension of Lot 1, Block l, Oak Grove Addition to Fridley Park, to make it a buildable site. Mr. Craig Willey was present. Mr, Willey said he was also representing Mr. Menkveld. He said he was in the process of buying this property from Mr. Menkveld conditional upon the vacation being granted,so the site would be large enought to build a home for himself. Mr. Fr�n.ch asked if there _were an�Z util��i�s� Qn��his easement, ..M�� .C�ark said there wer�xift .any. Mr. Willey said this is an old plat and when 67th Avenue was drawn on the plat, there wasn't any consideration given to the con�a.tion of the grade along the right of way. He said he did meet with the Park & Recreation Commission and they said they had no objection to the vacation, but suggested, that I dedicate that part of the easement where the slope starts, back to the City, for park purposes. I need the part of the street right of way that can be used, to give me a buildable site. The area below the slope is not needed and I will convey that area back to the Citj� for park purposes. Mr. Willey said he had some rough drawings of the house he would like to construct. Because it is a small lot, he said he wanted to construct a two- story home. He said it will have a mansard roof and was so designed so it would not be too out of character with the rambler-type homes in the area. This home will be in the $40,000 category. If he had to build a one-story home, it would be too small for his needs, and would be considered low-income —_ Plats & Subs.-Str. & Uti�. Subcommittee Meeting April 18, 1973 Page 2 housing. He said the houses are staggered on this block, and he thought this would soften the impact of this size home on this lot. Mr. Clark said the garage of this house would be in line with the rambler next door. Mr. Harris asked who owaed Lot 30, which would be directly behind this house. Mr. Willey said it was own.ed by Gary Sodahl. He said he had talked to Mr. Sodahl, and he had no objection to the vacatio�. He said he thought Mr. Sodahl would be here to speak for himself, but while Mr. Sodahl would be using the easement as part of his yard as he owns both Lots 29 and 30, he will need the easement to be able to build as he only has the one 40 foot lot. Mr. Willey said Mr. Sod�hl was also willing to convey the right of way from the slope for park purposes. Mr. Harris asked if the owners of Lots 2 and 3 had any comments to make. Mr. Harris said the Subcommittee did have a copy of the letter written by the owner of this property, to the Planning Co�ission. Mr. D. B. Drevniak, 6685 Fridley Street, said he felt the proposed structure would be too close to the park area and infringe on the raild life in the area. He said that where Mr. Willey wants to place his house on the lot, it wouldn't be in line with his house or any of the houses on the block. It also is a two- story house, which he feels would be out of character with the ramblers on the res�-_of 'the_b9.oci��� , Mr. Clark said the house does meet all the setback requirements, except one. The deck on the North side of the house would have to be shortened up by five feet so the house can be placed 5 foot more from the South property line so the South property line can be increased to the required 10 feet. Mr. Engdahl said he �}uestioned the size of the lot. Even if Mr. Willey could use all the easement he would still only have a 70 foot lot. Mr. Cla�k said this is an old plat and it could be built on with no variances required. Mr. French said it will not meet the minimum requirement of 9,000 square feet when the slope area is conveyed for park purposes. Mr. Harris asked Mr. Drevniak if he had any suggestions on how this lot could be utilized. Mr. Drevniak said he didn't think anything should be built on this lot. It should be made a part of the park. Mr. Harris asked if the elevation of Lot 1 was at about the same elevation as Lots 2 and 3. Mr. Drevniak said it was about the same, Mr. Harris said it would be a buildable site then. He said the owner of the property has the right tb use this lot. Mr. Gary Sodahl, 6689 A�noka Street, said he owned Lots 29 and 30. He felt if a home was built on Lot 1, it would destroy the wilderness area. Mr. Clark said the City has no desire to ever open up 67th Avenue. If the vacation was denied, then the petitioner would have to go to the Board of Appeals to ask for a variance to build on a 40 foot lot. If this was denied, then the City might be faced with a lawsuit for taxing a lot which we deny the use of. Plats � Subs.-Str. & Util. Subcommittee Meeting April 18, 1973 Page 3 Mr. Willey said the convers�tion m�te�s it sound like this house is going to hang over the cliff. In no way is this fihe way it will be. The house will be built to take advantage of the view. It will not be placed to cause any large unusual appearance. He said that East of this property you can find two-story homes and walkouts. Mr. Drevniak asked what plans the City had for the park area. Mr. Clark said there was no adopted plan for the development of this park. There has been some talk of the County taking it over. On our part, it would probably stay a nature area, with walking paths and nature trails. Mr. Meissner asked why the cul-de-sac on Fridley Street didn't go through to 67th Avenue. Mr. Clark said because of the grade on 67th Avenue, the City has never planned to open this street. Chairman Harris asked what the law was when a dedicated street was vacated. Mr. Clark said it goes back to the property it was taken from originally. Mr. Harris said that legally we couldn't dedicate the street for park purposes. Mr. Clark said he thought the,street would have to go back to the original property, and if the property owners were agreeable, then they could dedicate it for park purposes. We could retain part of the street right of way, but I don't think that's the way we should go. �r. French said he felt that when the City has dedicated right of ways that they have no use for, it should be returned to the property owners. Mr. Meissner asked if Mr. Willey would have to get special--:, approval to build the home he proposes. Mr. Clark said there is nothing in the Building Code to stop him from building the house he wants to construct. Chairman Harris asked the neighbors i� they have seen the plans for the house and if that was their objection. Mr. Drevniak said he had not seen the plans but thought any structure built on this lot would be too close to the park. Chairman Harris toid Mr. Drevniak he should understand that legally the City may not be able to deny him a permit on a 40 foot lot. MOTION by French that the Plats & Subdivisions-Streets & Utilities Subcommittee recommend to the Planning Commission approval of vacation request, SAV ��73-05, by Gilbert Menkveld, to vacate the public easement on 67th Avenue N.E, between Anoka Street N.E, and Fridley Street N.E., to add 30 feet to the North/South demension of Lot 1, Block 1, Oak Grove Addition to Fridley Park, subject to the area below the top of the bank being retained for park purposes, and if that is not approved, the City retain the easement for park purposes. �iE MOTION DIED, for lack of a second. Chairman Harris said that he didn�t like to continue this request, but he wondered if the petitionei°and the neighbors couldn't get together and iron out some of their points of difference. He said the size of the proposed house seems to be one of the problems. Mr. Willey said that because of the setback Plats & Subs.-Str. & Util. Subcommittee Meeting April 18, 1973 Page 4 xequirements and the change of elevation on this property, to build a one-story home on this lot would come in the category of low-income housing and this would not fit in with the homes in the area either. Mr. Meissner said it might be possible to get some variances of the setback requirements so a diff�rent type home could be built on this property. Mr. Drevniak said he would be agreeable to buying this lot for an amicable price. Mr. Willey said the property is valuab�ee to him as a building site, but if the vacation is denied and the property could not be built upon, the "fair" price for an unbuildable site would not be the true value of the property as far as he's concerned. MOTION by Meissner, seconded by Engdahl, that the Plats & Subdivisions, Streets & Utilities Subcommittee recom�end to the Planning Commission denial of vacation request SAV ��73-05, by Gilbert Menkveld, to vacate the public easement on 67th Avenue N.E, between Anoka Street N.E, and Fridley Street N.E. to add 30 feet t� the North/South d�mension of Lot 1, Block 1, Oak Grove Addition. Chairman Harris called for a roll call vote. Meissner and Engdahl, aye, Harris and French nay. Mr. Clark said the Subcommittee could pass this vacation request on to the Planning Commission without a recommendation. 2. VACATION REQUEST: SAV #73-06, RICHARD MILLER HOMES: Vacate the West one foot of the East 5 foot easement of Lot 10, Block 2, Briardale Addition. Mr. Clark said this is a five foot utility easement and we have letters from the three utility companies that they have no ob�ection to this vacation. The house that was encroaching on the easement has been moved. In case there is even a three inch error, I think this vacation should be given to protect the future buyers of the home. Mr. French asked if the City had any objection to this easement being vacated. Mr. Clark said there was no objection. MOTION by French, seconded by Meissner, that the Plats & Subdivisions- Streets & Utilities Subcommittee recommend to the Planning Com�►ission approval of vacation request, SAV #73-06, by Richard Miller Homes, to vacate the West one foot of the East 5 foot easement of Lot 10, Block,2, Briardale Addition. Upon a voice vote, all voting aye, the motion carried unanimously. 3. CONSIDERATION OF A,, PROPOSED PLt�iT, P.S. ��73-05, BY DARREL A. FARR DEVELOPMENT CORPORATION: A replat of Block l0, Innsbruck North Townhouse lst Addition. Mr. Jim London was present. Mr. Clark said that on the original plat, the lot lines were straight on this block. They have built the garages in such a way that there will have to be a jog line to accommodate the garages. Administratively, we have no � Plats & Snbs.-Str. & Util. Subcorrnmittee Meetin � ril 18 1973 Pa e 5 objection to this. roblem in describing this 'd the plat would be recorded this way and there would Chairman Harris asked if there would be any P change. Mr. Clark sai be no problem. Mr. Meissner asked how they manag ed to build the garages across the property line. Mr. London said the builder wanted to save three trees in t e area. Mr. French asked if this would in any way change the lot area. r• Clark said it would not make any difference in a townhouse• & Subdivisions- seconded by En�dahl, that the Plats roval MOTION by Meissner, Com�►ission app Streets & Utilities Subcommittee recom�►end to the Planning ment Corporation, of the proposed plat, P.S. ��73-05, by Darrel A. Farr Develop being a replat of Block 10, Innsbruckri carried unanimouslyAddition. Upon a voice vote, all voting aye, the motio Chairman Harris adjourned the meeting at 8:00 P.M. Respectfully submitted, Dorothy enson, Secretary `. _ � i `.'t� ��_�� .:�G_'�' `''�`.�4 � �� ` . �f, . ,; d � �,. � ��. �����:; � ,�� �� C,����, G(�ic�� y—(,e� c J��� 4 ��,g �'.a� �s���,s-� � I, �Q�es �Di�o�or� S90/ 6�oo,�/ya /3%vd, i rl ���� ', �� 'I � � /� ��-- �I3 os � � ?�firs i�