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PL 09/19/2001 - 30933!"1 � CITY OF FRIDLEY PLANNING COMMISSION MEETING, SEPTEMBER 19. 2001 CALL TO ORDER: Chairperson Savage called the September 19, 2001, Planning Commission meeting to order at 7:30 p.m. ROLL CALL: Members Present: Members Absent: Others Present: Diane Savage, Barbara Johns, Dave Kondrick, Larry Kuechle, Leroy Oquist, Dean Saba Connie Modig Paul Bolin, Planning Coordinator Dale Anderson, 6175 Heather Place APPROVE THE SEPTEMBER 5, 2001. PLANNING COMMISSION MEETING MINUTES� MOTION by Mr. Kondrick, seconded by Mr. Oquist, to approve the September 5, 2001, Planning Commission meeting minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING: Consideration of a Preliminary Plat, PS #01-04, by Dale Anderson to divide the property between two lots, generally located at 1400 Kerry Circle and 6175 Heather Place. MOTION by Ms. Johns, seconded by Mr. Saba, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 7:32 P.M. Mr. Bolin stated that the petitioners, Dale Anderson and Paul Hilborn (1400 Kerry Circle), are seeking to formally recognize what was erroneously perceived to be the lot line befinreen the properties. Both property owners moved into their homes in 1999 and were both under the assumption that the fence separating their rear yards was the actual property line. Mr. Anderson made a retaining wall on what was actually Mr. Hilborn's property. To resolve this, the Hilborns agreed to sell a portion of their property and replat Mr. Anderson's property to correct that encroachment. City Code requires that lots in the R-1 District have a minimum of 75 feet in width and a minimum lot area of 9,000 square feet. Both lots far exceed both requirements when completed and both will meet the City's setback requirements. Mr. Bolin stated that the petitioners have agreed on a new property line and through this plat process the City is gaining utility and drainage easement that should have been included when the properties were originally platted in the 1980s. Staff recommends approval with one stipulation that the petitioner shall provide all easements as shown on the preliminary plat � drawing. PLANNING COMMISSION MEETING, SEPTEMBER 19, 2001 PAGE 2 ,--� Ms. Savage asked if he has had any calls about this. Mr. Bolin stated that he has had three calls from curious neighbors for information on the situation. Not one had any objections. Mr. Dale Anderson, 6175 Heather Place, stated that there was a property marker in 1990 at both ends of the fence so it was a natural assumption that was the lot line. About two months ago, a neighbor to the south was doing an extension and had a surveyor come out to make sure where the lots lines were. The neighbor showed Mr. Hilbom and him where the property line was at that time. He had been doing a lot of work on a perennial garden and retaining wall near the assumed property line. They came up with a fair dollar figure, and he agreed to it. Now they are trying to find out what steps to take next. The next step is to put some mylars in the lot line. They have checked with the mortgage and title company for advice and there is no issue there. Ms. Savage asked if Mr. Anderson has any problem with the stipulation. Mr. Anderson stated that he did not. MOTION by Mr. Kondrick, seconded by Mr. Saba, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 7:40 P.M. � Mr. Kondrick stated that he had no problems with this request, and he is happy the neighbors could get together and work it out. Ms. Johns stated that it is a win/win situation. MOTION by Mr. Saba, seconded by Mr. Kondrick, to recommend approval of PS #01-04 with one stipulation: 1. The petitioner shall provide all easements as shown on the preliminary plat drawing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Savage stated that this will go to City Council on October 8. 2. RECEIVE THE MINUTES OF THE AUGUST 22 2001 APPEALS COMMISSION MEETING: MOTION by Mr. Saba, seconded by Mr. Kuechle, to receive the August 22, 2001, Appeals Commission minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. � PLANNING COMMISSION MEETING, SEPTEMBER 19, 2001 PAGE 3 ^ 3. RECEIVE THE MINUTES OF THE AUGUST 2. 2001, HOUSING AND REDEVELOPMENT AUTHORITY MEETING: MOTION by Mr. Kuechle, seconded by Mr. Kondrick, to receive the August 2, 2001, Housing & Redevelopment Authority minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. ADJOURNMENT: MOTION by Mr. Kondrick, seconded by Mr. Kuechle, to adjoum the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE SEPTEMBER 19, 2001, PLANNING COMMISSION WAS ADJOURNED AT 7:45 P.M. Respectfully submitted, u ' � . ��.u�,ti- Sign L. John n Recording Secretary � ��