PL SUBCOM 08/14/1974 - 31163�
�
C��Y OF FRIDLEY
PLATS & SUBDIVISIONS-
STREETS & UTILITIE5 SUBCOMMITTEE MEETING AUGUST 14, 1974
CALL TO ORDER:
PAGE 1
Chairman Harris called the meeting to order at 7:30 P.M.
ROLL CALL:
Members Present: Harris, Meissner, Christensen
Members Absent: French, Forster
Others Present: Darrel Clark, Community
Development Administrator
APPROVE PLATS & SUBDIVISIONS-STREETS & UTILITIES SUBCOMMITTEE MINUTES:
MAY 15, 1974
MOTION by�Christensen, seconded by Meissner, that the Plats &
Subdivisions-Streets & Utilities Subcommittee approve the minutes of
the May I5, 1974 meeting as written. Upon a voice vote, a11 voting aye,
the motion carried unanimously.
l. CONSIDERATION OF A PRELIMINARY PLAT, P.S. #74-05, RICE CREEK
ESTATES SECOND ADDITION, BY EDWIN P;. DROPPS, D'B".A PINE TREE
BUILDERS: A replat of Lot 10, except the North 260 feet thereof,
Auditor's N�. 22, located between Rice Creek Road and 61st
Avenue N.E.
Mr. & Mrs. Edwin Dropps and Mr. & Mrs. Theodox�e Theilmann
v,�ere present.
Mr. Clark said that when this Subcommittee looked at this plat
before, it was all one plat. It was divided into two phases later,
because there were some title problems with this phase of the plat.
There were not too many changes made since the original plat. The
cul-de-sac was further to the West on 61st Avenue. The people who
have 300 �eet ddep lotsfacing Ferndale said they did not want to
split their lots, so there was a lot of objection to 61st Avenue
going through. These lots on the plat will be served by a cul-de-
sac on the extension of Rice Creek Drive.
There are some problems in the grades in this cul-de-sac area.
Mr. Clark said that all but two of the stipulations that were put
on the platting of Rice Creek Estates should be put on this second
ph�se also. The stipulation that the slopes had to be three to one
should tak.e care of any problems with the tremendous drop in grade
in the location of the South cul-de-sac.
Mr. Dropps said that as far as the difference in grade at the
cul-de-sac, they could cut the back property line down 10 feet._ This
is the highest point as far as drainage is concerned, so he didn't
think they would have any problem with surface drainage if the cul-
de-sac area was built up.
Plats'& Subs.TStr. & Ut'il. Sub.' Me:et'ing - August 14, 1974 Page 2
Mr. Meissner said the little stub road just west of the cul-
de-sac looks like it is a dead-end. Mr. Clark said this would line
up with a road that would go through when Mike O'Bannon developed
his property to the west, which will be Phase III of Heather Hills.
Mr. Meissner asked how they were going to plow that stub. Mr.
Clark said they probably wouldn't plow it. No one on this plat will
need it for access. Mr. Dropps said the sewer and water would be
stubbed in on this dead end str�et.
Mr. Clark said Mr. Dropps did not intend to develop this plat
until next spring, but he wanted to get all the public hearings on
the platting out of the way before then so the contracts for the
streets and sewer and water could be let.
Mr. Harris asked if the sewer and water were available. Mr.
Clark said it was in on Benjamin and the grades were checked at
the time of the first plat, and it will work.
Mr. Harris asked about the balance of the�park property. Mr.
Clark said he thought the same values would be used as in Phase I,
but this was also a stipulation and was something that would be
worked out with the Coun�il.
Mr. Harris asked if all the lots in this plat met the minimum
requirements. Mr. Dropps said they all met the minimum of 9,000
square feet and were 75 feet wide at the 35 foot setback line.
Mr. Clark said that Mr. Dropps needed the triangle off the
southeast corner of the Theilmann property for Briardale Road. He
said that Mr. & Mrs. Theilmann were at this meeting.
Mr. Theilmann said he didn't
the last he heard they were going
Clark said this was true in Phase
would have to go in.
think this involved him because
to build houses on Benjamin. Mr.
I, but for this plat, Briardale
Mr. Clark said that at some later date, the Theilmann's would
need more width to develop their property into 75 foot lots. In
platting the first phase of this property, a 16 foot strip was left
that would be available to the Theilmann's so their lots would meet
the minimum requirements. It was hoped that the developer of this
plat and the Theilmann's could work out an agreement on the land trade.
It should be up to the developer to negotiate with the Theilmann's
for the triangl�,eeded for Briardale Road.
Mr. Dropps said it was his feeling that everyone should have
to dedicate land for a road needed for access to their property. He
said they had dedicated road easements on their plat, and the Theilmann'
would need this road for access to their property when it was developed.
Mr. Theilmann said he thought this 30 foot corner was just as
valuable to them as the 16 foot strip was to the developer of this
plat.
Plats & Subs Str & Util' Sub 'Nfeeting - August 14, 1974 Page 3
Mr. Clark said he would be avilable for any negotiations between
the two parties, if they wanted him to be present.
Mr. Harris said it would be best if the developer and the
Theilmann's could come to some sort of an agreement without the
City becoming involved. If the only way the right of way for Briardale
could be obtained was through condemnation, it would add greatly to
the cost.
Mr. Clark said this right of way could be obtained in this way,
and the Council might approve the platting of the Theilmann property
without the 16 foot strip. He didn't want ei�her party to think they
had a club to use on the other.
Mr. Meissner said that by approving this plat, they were not
forcing an agreement between the two parties. Mr. Harris said he
thought there was an intent for agreement, and he thought that was
all that was necessary at this time, in approving this plat.
Mr. Dropps said that if Mr. Theilmann would put a square footage
valuation on his property, they could use that same valuation on
his property, for purposes of negotiation.
Mr. Meissner said this plat is almost the same as what they
had considered before. There were still the same things to be
concerned about, so the same stipulations would apply.
MOTION by Christensen, seconded by Meissner, that the Plats &
Subdivisions-Streets & Utilities Suhcommittee recommend to the Planning
Commission approval of the proposed plat, P.5. #74-05, Rice Creek
Esttates Second Addition, by Edwin Dropps, D/B/A Pine Tree Builders,
a replat of Lot 10, except fhe North 260 feet thereof, Auditor's
Subdivision No. 22, located between Rice Creek Road and 61st Avenue
Northeast, with the following stipulations:
1. Subject to obtaining street dedication from the Theilmann's
for the extension of Briardale Road.
2. Su.bject to negotiation with the City for additional park
land.
3. Provide underground utilities.
4. One tree planted per lot, 2" minimum diameter.
5. Grades to be worked out with City Engineering Department.
6. Lots that have grade difficulties with a three to one slope
after the grade is established, be sadded within one year of
completion.
�. Woodside Court be temporarily dead-ended on the Dast and
West side of the Theilmann property line.
i'i
Plats & Subs.-Str. & Util. Sub. Meeting - Auc�uust 14, 1974 Page 4
8. AZI Lots must meet minimum lot size and have minimum
front footage and depth.
9. After the grades have been established by the engineers,
the plat come back to the Planning Commission before
Council approval.
Mr. Harris said he would like to have an engineering determination
on the lots to the south before this came to the Planning Commission.
Mr. Dropps said he thought that could be done. He would check
with his engineer.
Mr. Harris said he would like to see all the stipulations complied
with before this went to Council so there were no loose ends.
UPON A VOICE VOTE, a11 voting aye, the motion carried unanimously.
2. REQUES�T FOR A LOT-SPLIT, L.'S. #74-15, RUBY M. ANDERSON: Split off
the Southerly 138.5 feet of Lot 16, Revised Auditor's Subdivision
No. 10, to make a saleabl.e lot, located at 69th� Avenue and Old
Central.
Mr. Blaine Edmundson, representing the petitioner, and Ruby
Anderson were present.
Mr. Clark said that both r�sulting parcels were far in excess of
our minimum requirements. The owner of the front lot, the one facing
69th, would have to grant an easement on either the east or we�t line,
for sewer and water. It would depend upon whether or not this could be
in the same trench if this easement would have to be 15 feet or 20 feet.
Mr. Clark said that Mr. Edmundson was going to check the setbacks
of the houses east of this property. They are far in excess of the
35 foot minimum setback requirement. This was to determine if a house
could be built on the front lot without a variance.
Mr. Edmundson said the house that had been on this lot had a
setback of about 75� feet. The house on the fourth lot �own has
a setback of between 6�0 to 62 feet. He thought the only way they
could build on this lot without a variance would be to face the
house on Central Avenue. Mr. Clark said that if this house faced
Central Avenue, the setback requirement woul:d be reduced in half
for the sideyard setback, so the setback would be 35 feet. Mr.
Harris said he would then have a front and sideyard setback of 35 feet.
Mr. Clark asked Mr. Edmundson if he could draw up a plan for a
house that could be built on this lot witho�zt variances. Then if this
lot split was approved by the Planning Commission and Council, they
would know that a house could be built on this lot, meeting the
requirements.
Mr. Harris said the house that would be built on the part of the
lot being split off would have to face Central Avenue anyway, and it
Plats & Subs -Str & Util Sub. Me_eting - August 14, 1974 Page 5
would make a better appearance, if both these houses faced the same
way.
Mr. Clark said the City didn't care if the sewer lines were
run along Central Avenue or along the East side of these lots. This
easement wouldn't hinder the construction on these lots because this
�•art of the property would be in the setback area�. Mr. Edmundson
said they would prefer to have this easement on the Easterly 20 feet
because it would miss some small trees they would like to keep.
Mr. Harris said that N.S.P and the Telephone Company could use
this same easement. Mr. Clark said the gas lines could use the
same easement also, because their lines were more shallow than the
sewer lines. Mr. Harris said he thought this easement should be 20
feet rather than 15, so that all the ��il:�ties could use the same
easement.
MOTION by Meissner, seconded by Christensen, that the Plats &
Subdivisions-Streets & Utilities Subcommittee recommend to the Planning
Commission approval of the request for a lot split L.S. #74-I5, by
Ruby M. Anderson, to split off the Southerly 138.5 feet of Lot 16,
Revised Auditor's Subdivision No. 10, to make a saleahle lot, Iocated
at 69th Avenue and 01d Central, with the stipulations that a 20 foot
easement for utiZities be provided on either the Easterly or Westerly
side of the Iot and that a tentative house be placed on a survey of
these lots to show that a house could be built without a variance
being granted. Upon a voice vote, a11 voting aye, the motion carried
unanimously.
3. VACATION REQUEST, SAV #74-03, BY JAMES LUND: Vacate the Westerly
50 foot easement for public purposes on Lot 30, lying North of the
Southerly 30 feet of said Lot 30, Auditor's Subdivision No. 129,
located in the 1500 Block between 73rd Avenue and Onondaga Street
N.E., and replatted as Jim Lund Estates.
Mr. Clark said this easement on this lot was an oversight by the
staff as much as the petitioner. When this lot was tax forfeit, the
City asked for and got, a 50 foot right of way along the West boundary
of this lot. When it was platted as �im Lund Estates, the street is
further to the east. The way the street pattern is laid out now, it
will allow the people on the west to extend the street where the
cul-de-sac is now. We recommend .that this 50 foot strip be vacated
because the new street pattern is acceptable. This easement was found
at the time Mr. Lund received the deed from the County. This easement
was just recorded in April of this year, but it was asked for some time
ago .
Mr. Harris asked about the 27 foot County easement on 73rd �venue.
Mr. Clark said that is just general practice by the County that
whenever a lot goes tax forfeit, they tr�Z to get the 120 foot of right
of way along a County road, and they would rather not vacate this
easement. The City staff checked the homes and apartment buildings on
either side of this plat, and several of them are located 35 feet from
the old right of way line. The County admits that they are never going
to widen 73rd to the full 120 feet, and if �he� did v�iden it, the most
Plats & Suhs -Str & Uti1. Sub. Meeting - August 14, 1974 Page 6
it would be would be one lane. Mr. Lund is going to build four houses
on 73rd Avenue. Three will have a front setback of 45 feet and one
will have a 50 foot setback from the old right of way line.
Mr. Harris said Mr. Lund would need variances to build at this
setback.- Mr. Clark said this was only an easement, not right of way,
so administration didn't think a variance was needed. Mr. Clark said
he had talked to the County, and they have no objection to these
setbacks. Mr. Harris there are existing structures that are only
eight feet from this easement if their setback is 35 feet. Mr. Clarl�
said no, because this easement was only taken on Lot 30 because it
was a tax forfeit lot. The County doesn't have this easement on the
other lots on 73rd Avenue.
Mr. Harris asked who owned this easement. Mr. Clark said that
Mr. Lund did. Mr. Harris said he would agree that Mr. Lund could
use this County easement as part of the setback without a variance.
MOTION by Meissner, seconded by Christensen, that the P1ats &
Subdivisions-Stxeets & Utilities Subcommittee recommend to the Planning
Commission approvaZ of the request for a vacation, SAV #74-03, by
James Lund, fo vacate the Westerly 50 foot easement for public purposes
on Lot 30, lying North ofthe Southerl� 30.,�.eet of"saidLot 30, Auditor's
Subdivision No. 129, located in the 1500 Block between 73rd Avenue and
OQnndaga Street Northeast, and replatted as Jim Lund Estates. Upon a
voice vote, aZl voting aye, the motion carried unanimously.
Chairman Harris adjourned the meeting at 8:35 P.M.
Respectfully submitted,
Dorothy v nson, Secretary
A
f
August 20, I974
MEMBERS OF THE PLANNING COMMISSION:
You may want to keep these minutes separ�te because
P.S. #74-OS will not be on your Agenda until September 11,
1974 .(Rice Creek Estates 2nd Addition)
The other two items are on �our agenda for August 21, 1974.
�