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SAV11-01� � �. ��,1��'��e'��6� Community Development Department City of Fridley 6431 University Avenue NE Fridley MN 55432 763.572.3592 Fax: 763.571.1287 www.ci.fridlev.mn.us STREET, ALLEY OR EASEMENT VACATION APPLICATION Property Information Address: �<-(Sci C�i ST 1��E F�LJvCEy ,�Yrn! ,5s�3a Anoka County Property Identification Number (PIN #): a. �- '30 - a.0 -��- OC)9S Legal Description: SE� A77ACH �� Current Zoning: _ C- 02 Square footage of Parcel: /�, o2OD Legal Description of Street, Alley, or Easement to be Vacated: 5E � ,9 iTrq CH ED Reason for Vacation (one sentence summary, please attached full description) S� � A?7�cN E�� Fee/Property Owner Information (as it appears on property title) **Fee owner must sign this form prior to processing Name (please print): Sc.o�r'r + GHIZt S� i�i�}l-� LQE�� Mailing address: '39 3 3 �iZ� t-I�l-�,m t)(C /J E City: ST. AN?9t-t�n1�/ State: /i?N Zipcode: ��Ua.l , Daytime Phone: ��l a- 7S'�I-39US Fax Number: Cell Phone: �ol oZ - a2,�-2�58' E-mail address: Sco .��j lb2rQ Q�,ue,r-r�P l..[' Signature/Date: Petitioner Informatio� Company Name (please print�: Contact Person's Name (please print): SLc� Ti' � i-F 1��2 C, Mailing address: 39 �'� � 21� ti�f�l11 17(J_ f�.F. City: ST. A-N��./ y State: .(Yl h1 Zip code: � 5�a. I Daytime Phone: rn l a- a� s-a�, s� Fax Number: Cell Phone: � I,� -a.?S-Z2.SR' E-mail address: Scf� �,!'1Ol Yl I�e�Q F� i�LA1P.�S-%Pp I. Signature/Date: m I/ FOR OFFICE USE ONLY Fees $1,500 � A'Nlication Plumbers�lq 1% ' � Receipt #: �� Received By: Application Date: � • 15 Day Application Complete Notification Date:Tl,%• /�l Scheduled Planning Commission Date: L�'�Q(f Scheduled City Council Date: S' q• (� 60 Day Date: �• /(��l T 60 Day Extension Date: 3/1 i Property /nformation Legal Description: Lots 28 thru 30, inclusive block 9, Hamilton's Addition to Mechanicsville, Anoka County, MN. Together with the west half of adjacent vacated alley and also together with the east half of adjacent vacated 6th street, subject to easement of record. Legal Description of Street, Alley, or Easement to be Vacated: All that part of 3rd Street (now known as 55th Avenue NE} lying easterly of the northerly extension of the centerline of Dayton Avenue (now known as 6th Street NE) and lying westerly of the northerly extension of the centerline of the Alley in Block 9, HAMILTON'S ADDITION TO MECHANICSVILLE, Anoka County, Minnesota. Reason for Vacation: Additional Square Feet is needed to make the existing property compliant with City Code requirement of 20,000 sq. ft. minimum lot size for development. �SUn �J �e�x�'�-�- �r1-�l City of fridley (Official Publication) PUBLIC HEARIN(i BEFORE THE PLANNMIG COMMISSION . P�Sc�heari � �� F�rid�y f epi�u� �Otr at �. Fr�d�. �{ �� 43� Ur�erefryr. A�we N.E. �1 A�rN 2D. 20t'1. at. i�b paa. lor ihe P� df: �n aavac�t; �v#;:.- Ot, by.�rtt p�(� 4a'y�s.a pnc: tiql of uninnrr� � a...e..,. .rr . �� b� �,��t �� Y (�). � PNIl� �,>' eA :>: �'s AddfEbn eo T� Part � tt�e W� HaN of 1he va- cated adey in �lodc8 ying be�ween the �Y eq�Sions oi ihe soutl'� Ime af LCt i�6 a�wJ �e rwrp� ine csf La 30, ,�� l��u"�ri's qdt�n io 1Ae- !c++�� : (now 1cn�wre 88 Bth s�of dre 80u1h ��28 euw nh �6 � 2Gt. 30, Block 9, yon's �un to Mechan- �A.�_Y_� �a.._' . _. °� tnter`8tat � �t of 7�th Stre�.'` , A� � �P� desi� to be tlie,abrHre sKeleid.�kne acd pi�rqr y Queations related to �e item.a�pgt be �.� �Y S'4arr�berQ,Plsrmer, , � �Z=�, � , ��t�f p�'sa�s p�g � �� SR 763-s72-8500 u� irpa#Ir�n M� 73, 204t. The TDD �er � *,,,. :_ •. ,. d�r�x y� � �'� +neetntg t��Y �; 2U1 t. `TFas d�Ai. i�at�IGt tp 8��'C� � �id�tt��'� � �r � ��e �,#�a„r►ortrieet�p, DAYID 1� : - 4;F'61#i , PlAMNIM(i CQMMiS$IpM . -, . (Apt7, 20f1rF�S/KV tt-Ot . � � _ _ CIIYOF FR[DLEY FRIDLEY MLJNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 (763) 571-3450 • FAX E�63) 571-1287 • TTD/I'fY (763) 572-3534 March 29, 2011 Scott Dahlberg 3933 Fordham Drive NE St. Anthony MN 55421 Dear Mr. Dahlberg: Per Minnesota Statute 15.99, local government units are required to notify land use applicants within 15 working days if their land use applications are complete. 1Ne officially received your application for a vacation an March 18, 2011. This letter serves to inform you that your application is complete. Your Vacation application hearing and discussion will take place at the City of Fridley Planning Commission Meeting on April 20, 2011 at 7:00 P.M. in the City Council Chambers at 6431 University Avenue in Fridley. The City of Fridley City Council is scheduled to take final action on your vacation on May 9, 2011 at 7:30 in the City Council Chambers. . Please plan to be in attendance at both of the above referenced meetincas: If you have any questions regarding this letter or the process, please feel free to contact me at 763-572-3595. inerl, � S acy Stro e Planner PUBLIC HEARING BEFORE THE PLANNING COMMISSION Notice is hereby given that there will be a public hearing of the Fridley Planning Commission at the Fridley Municipal Center, 6431 University Avenue N.E. on April 20, 2011, at 7:00 p.m. for the purpose of: Consideration of a Vacation, SAV #11-01, by Scott Dahlberg, to vacate a portion of unimproved 55th Avenue NE, (Platted as 3ra Street) in order to acquire additional land area to make a code compliant buildable lot, legally described as Lots Twenty-eight (28), to Thirty (30), inclusive, Block Nine (9), Hamilton's Addition to Mechanicsville. That part of the West Half of the vacated alley in Block 9 lying between the easterly extensions of the south line of Lot 28 and the north line of Lot 30, Block 9, "Hamilton's Addition to Mechanicsville" Anoka County, Minnesota. That part of the East Half of vacated Dayton Ave. (now known as 6th Street) lying between the westerly extensions of the south line of Lot 28 and the north line of Lot 30, Block 9, "Hamilton�s Addition to Mechanicsville," Anoka County, Minnesota, generally located north of the vacant lot at 5455 - 6th Street, which is south of Interstate 694 and west of 7th Street. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. Any questions related to this item may be referred to Stacy Stromberg, Planner, at 7�3-572-3595. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no later than April 13, 2011. The TDD number is 763-572-3534. The proposed City Council meeting date for this item will be on May 9, 2011. *This date is subject to change depending on the outcome of the Planning Commission meeting. Please confirm City Council date prior to attending the City Council meeting. DAVID KONDRICK CHAIR PLANNING COMMISSION Publish: April 7, 2011 CITY OF FRIDLEY PUBLIC HEARING NOTICE BEFORE THE PLANNING COMMISSION TO: All property owners/residents within 350 feet of property, generally located north of the vacant lot at 5455 — 6`h Street, which is south of Interstate 694 and west of 7th Street. CASE NUMBER: Vacation, SAV #11-01 APPLICANT: Scott Dahlberg Petitioner or re resentative must attend the Plannin Commission meetin . PURPOSE: To vacate a portion of unimproved 55 Avenue NE, (Platted as 3` Street) in order to acquire additional land area to make a code com liant buildable lot. LOCATION OF North of the vacant lot at 5455 — 6 Street, which is south of PROPERTYAND Interstate 694 and west of 7th Street. LEGAL DESCR/PTION: Lots Twenty-eight (28), to Thirty (30), inclusive, Block Nine (9), Hamilton's Addition to Mechanicsville. That part of the West Half of the vacated alley in Block 9 lying between the easterly extensions of the south line of Lot 28 and the north line of Lot 30, Block 9, "Hamilton's Addition to Mechanicsville" Anoka County, Minnesota. That part of the East Half of vacated Dayton Ave. (now known as 6th Street) lying between the westerly extensions of the south line of Lot 28 and the north line of Lot 30, Block 9, "Hamilton's Addition to Mechanicsville," Anoka Count , Minnesota. DATE AND TIME OF Planning Commission Meeting: HEAR/NG: Wednesday, April 20, 2011, 7:00 p.m. The Planning Commission Meetings are televised live the night of the meetin on Channel 17. PLACE OF HEAR/NG: Fridley Municipal Center, City Council Chambers 6431 Universit Avenue N.E., Fridle , MN. HOW TO 1. You may attend hearings and testify. PARTIC/PATE: 2. You may send a letter before the hearing to Julie Jones, Planning Coordinator, at 6431 University Avenue N.E., Fridley, MN 55432 or FAX at 763-571-1287. SPEC/AL � Hearing impaired persons planning to attend who need an ACCOMODATIONS: Interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no later than A ril 13, 2011. The TDD # is 763-572-3534. ANY QUESTIONS: Contact Stac Stromber , Planner, at 763-572-3595. * PROPOSED CITY The proposed City Council meeting Date for this item will be COUNCIL MEETING Monday, May 9, 2011. *This date is subject to change DATE depending on the outcome of the Planning Commission meeting. Please confirm City Council date prior to attending Ci Council meetin . Publish: April 7, 2011 �� c�rYOF Community Development Department FR/DLEY Public Hearing Notice .5BZ.9 U7 � � N M � � CO � 00 � O N M eY C�AO � � � � � � � � �!'l I c0 c0 CO CO CO 5614 = 5626 = 5�� o � 5625 5631 = 5612 (n 5620 (n 5608 � 5617 5612 � 5621 �� 5609 �06 5611 < � � � 5600 5601 0 ,� 5601 A 5545 5589 ssso � � 5590 5549 5546 -' 4' 5550 s�^ 3, h`�� 5530 �29 5536 /��V�CE DR VE � 5384 5370 5360 5336 5375 5380 5372 5367 5360 5331 5346 5329 SOURCES Fridtey Engineering Fridley GIS Moka County GIS Map Date: April 4, 2014 � � ^ N M i�% tC) l(j �j t� ln M e- � � � � � � � � fD -' CHERI LN 510 530 �� 5431 532 � � � ^ � �32 s � � a 5421 `�� 5422 534 S36 5411 541? M � � � ln �p � v 505 a � � � �' � � 5i►02 � 5381 5390 =� `" ` .� ,�� CJ� (,T�C!� t��t "r,,. � N W A A U�i c�+ v O� �OD 5371 5380 �� '� � n� o ao rn Y� n� a w 5370 5361 5360 � o °' � N w � �' n rn � a�o o°�o �� i � � w -� co ir� cn w -� � 5335 5350 = 117 �.,.,, rn Vacation Reques#, SAV #11-01 Petitioner: Scott Dahlberg Address: 5455 6th Street NE (vacant parcel) 5431 5421 5411 54 1 5381 5371 5361 5351 S � `�S'i N W E S PINECREST APARTMEN7S, LLC 9113 FARNSWORTH AVE N BROOKLYN PARK, MN 55443-0000 SCHOMMER JAMIE 530 CHERI CIR NE FRIDLEY, MN 55421-0000 DAHLBERG CHRISTY 3933 FORDHAM DR ST ANTHONY, MN 55421 THERRES DENISE L 517 CHERI LN NE FRIQLEY, MN 55421-0000 SACRED HEART OF JESUS CATH 420 72ND AVE NE MPLS, MN 55455-0000 MC 7TH STREET PROPERTIES LLC 620 HIDDEN CREEK TRL MENDOTA HEIGHTS, MN 55118-3753 GOODMAN ANGELA 5421 7TH ST NE FRIDLEY, MN 55421-0000 KES LLC 5516 WOODCREST EDINA, MN 55424-1650 FLOOD LIONEL J & VALERIE 5431 7TH ST NE FRIDLEY, MN 55421-0000 BAIER WILLIAM JR & SUSAN M 509 CHERI LN NE FRIDLEY, MN 55421-0000 EDSON DALE A& KIM MARIE 501 CHERI LN NE FRIDLEY, MN 55421-0000 CLEAR CHANNEL OUTDOOR INC 3225 SPRING ST NE MINNEAPOLIS, MN 55413-0000 REMARKE WILLIAM M 510 CHERI LANE NE FRIDLEY, MN 55421-0000 VOLUME No. 266 PAGE 117604 CERTIFICATE OF TITLE No. 117604 Transferred from Certificate Number(s): 52259 by Document Number 501981.002 Originally registered on the tst day of June, 1946, Volume 9 Page 287 STATE OF MINNESOTA 1 S.S. R E G I S T R A T I O N COUNTY OF AIYOKA f This is to certify that Scott A. Dahlberg, and Christy L. Dahlberg, whose address is 3933 Fordham Drive, in the City of St. Anthony and State of MN, 55421 as joint tenants, are now the owners of an estate, in fee simple of and in the following described land, situated in the County of Anoka and State of Minnesota, Lots Twenty-eight (28), to Thirty (30), inclusive, Block Nine (9), Hamilton's Addition to Mechanicsville. That part of the West Half of the vacated alley in Block 9lying between the easterly extensions of the south line of Lot 28 and the north line of Lot 30, Block 9, "Hamilton's Addition to Mechanicsville" Anoka County, Minnesota. Thaf part of the East Half of vacated Dayton Ave. (now known as 6th Street) lying between the westerly extensions of the south line of Lot 28 and the north line of Lot 30, Block 9, "Hamilton's Addition to Mechanicsville," Anoka County, Minneso[a. Reserving to the State of Minnesota for trunk highway purposes all right of access being the right of ingress to and egress from Lot Thirty (30), Block Nine (9), Hamilton's Addition to Mechanicsville. Excepting and reserving to the said state, in trust for the taxing districts concerned, all minerals and mineral rights, as provided by law. Subject to a utility easement in favor of City of Fridley on the Bast 30 feet of the vacated portion of Dayton Ave. (now known as 6th Street). (See Doc. No. 126100) Subject ro rhe encumbrances, liens and interes� noled by the memoria! underwrrtlen or endorsed hereon; and subjec� m the following righ�s or encumbrances subsisling, a.s provided rn Section 508.25, Minnesola S�atutes, namely: l. Lien.s, claim.s or righcc arising unrter the lmrs or �he Con.cli�ulion nf Ihe Uniled Sla�ex, which the .sralu(es nf rhis .ctale cannot require m appear of rerord. 2. Any real prnperty lax onspecial a,esessmenf. 3. Any fease far a period nol exceeding lhree yeara, when lhere ia acrual occuparinn of �he premises under !he lea.se. 4. AlI righls in public highways upnn [he land. S. Such righi nfappeal or righr to appear and conre.w !he applicativn a.s i.s allowed by law. 6. The righ4s afany person in passession under deed nr cnnlrac� fr�r deed frnm !he owner oJ'the certificale of [rtle. 7. Any oucstanding mechanics lien rrghrs which may exist under Section S14.0! m 5/4. l7. Certificate of Tide Number 117604 page 1 of 3 MEMORIAL OF ESTATES, EASEMENTS OR CHARGES ON TNE LAND DESCR/BED /N THE CERTIFICATE OF T/TLE HERETO ATTACNED. Page 1 of 2 � w�soe�w�,�or Anok� ��ty a: a M-�� CUU1�Tt' Property Account Summary �� ROIe Name Owner' CHRiST1f L DAHlBERG Owner SCOTT A DAHLBERG Number jRecorded Date No Docvments Found * Lot Size: Approximate i� size in feet, clodcwise beginning witl� the direction p�e lot faces httpsJlprtinfo.co.anoka.mn_usi(t4qc4a553hm3cv1r4uy5355j/�earch.�spx ?J7/2011 Page 2 of 2 Market (2010 _ jTaxable Marlcet (TMTV) � 142,600 j No Charges are currently due. Devebped by Manatron, Inc. �2010 All rights reserved. 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U� U7 lf� U7 `t � � 510 5 ' o �m 5?�31 SB,� in � �4 z i �a s ,� 5411 �`1 � r' � m a � r� �{' .�pi ' 5Z15 �n n ,{"n 539i `�' t`�u � ¢ � u in �n tn u� u� u l� ((��'� `Oj :�. lf� -�U7 1f7�� fl"7 � ti� L o QS �y,- =�r o OD � 0 o tU �- -kr v u M II� tt7 ifi` tf"� tl�1 t!� m �► r, � r, Q n Pr �n � �.r? , i �� ...._ �'� ,� � i �; �� ,�► ��i�,-(1��f�� i�� ;� . . March 8, 2011 Options for 55th Avenue Vacation Roadway Construction: To be instailed at time of lot development: • Install a public road with an off-set cul-de-sac to the property that complies with Engineering and Fire Code regulations. Stipulations on this option: o Private Hydrant installation o Address to be changed to 7'h Street, with proper signage visible from 7`h Street for emergency purposes o Curb cut will be required to allow access for the lot at 5480 7`h Street (billboard lot) • Install a private driveway through a license agreement, to the parcel that will have curb, gutter, meet storm water requirements and any other regulations set forth by the Engineering department. Stipulations on this option: o Code compliant Fire access to allow proper turnaround o Private Hydrant installation o Driveway to be 24 ft. wide o Address to be changed to 7ih Street, with proper signage visible from 7`h Street for emergency purposes o Curb cut will be required to allow access for the lot at 5480 7th Street (billboard lot) This is preliminary, additional requirements may be required. - .,._ CERTIFICATE OF SURVEY r � � . i, ;;�� '� "` � .r_�._., - -- �� - ,_ _ . -- � r. � :� � , . , - . . _. *, IMEASUREMENTS SHOWN IN FEEi AND DEClMALS OF A FOOT1 � �� ` � / � : yc f, 3y � � Y�CCV��`( k y �C�iC� '- I . � �� _��Rox"`�'`�TC'�1'�N�. Ot- M�.bp�- ` t � �'� --- Rf - �O� � ' �� -`"�`��``� 1CUR TH SURVEYINC INC. RD �� t� h'� �'L�+GQ OP1LY� � � � 4002 JEFFERSON S7. N.E. �ch�t��A�1L5 �rr ��q� caut�aw ►��wrs, A�V 55421 i o\(`1 P Rp�lC ('�C �lT p,�i; PN� (763) 788-9769 FAX (763) 788-7602 �3� GCT T� Cr1 nrlC-�C• SCALE I N FEET E-MAIL: KURTHSURVEY�AbLCOM +��'`1�5G0 2-2'� �� t( vAc.Alos�� DATE rCTS, Z� a O7 � � � � •— _ _ � �► C � �t !�, �- F C c i � � a y 1� `-' r- � i '� �- `` .� '�ALfn j ► � `� �. '�-1 C� ��' � `� �-' � �i /='� � �. � i � , - - - °�� _ .Y �' -- � � f/`t � � � �7� /i ,E� _ �( , c�UTC�L.�t�� 0�1.� �,'�� S1�a�as Oti ��.A.:;z'�- � � � �=t;�- ,' �t �y^. � � � �--\ , ; -- "� �� (Fl..f��TL 1� � � \ ;-�: v 1 � ,:; - � �url�MP�.o�/�.p �za��'� �� -, _ � � � � ° � Cn � l Co ` � 1= � � � � I U �� /� i �J � _� � 4 Q �� , , � �t��'' I r� tJ � � =� � 1 0 � �, r� � � `� � t1, � � O � � �� ,� ,�o�, r � a � � �� ,j � O `��1n�� .� � v / � � � � � � � � � �� . � � � � � X � � � J � � � � � O 4� � .�..�s,,:. . -- -1 Coc�,. G.��..�:�•.�c� 3c-��t'R<.. �� J U J i'� � � L\ 6i-l�" � �v�-t��•� 1 3�. ZZ C�� - i � / -- � + l � l �,_Ji . - l-- � � � ---- 1 ,� ,� �,,_ � � � �� —� ��,� �� _--, - � I °� , e� � NoTL ' t72�YL � � 3 z-� 5 � R � � �' t= � r , � r a��'�t `� � 5-r, � a N �� Q To 6\�..t_Qpc�ZO � �.�, � S,�a� c.:�v c Q� o ,�;,. � vN LOcAT � D _ >�� Z�_ � ��. � �� a � � � 1 ��`�� 3' - -, � , V c�A►nl �� N,tL �G .-�� I��. �� r �� d�7 � �- Ii ! ,� ^� �I ( `� 0 .",� V' � ",' 1 !��1 i � � r_� 0� r o- � �� r� J � � I � i , �� ;_ _, � � _ � o = IRON MONUMENT �R]= �e-�c��,r��s�o� � �� %~'�-�- ) = r-t � � �v �� C � ��s-rA�C� l-` c� -� s�� '� y,R_.l� 3 b � 1 rvC.�..4�S�VC ��ac...k., °J, ��-t�> �-soNS ��I.'��`nDt1. `ro t�t Cc�.� >CS�! � u�= � A�1.1aK� �O � y �1 N1yC�0`f A,,. Toc-, cT, ��.�.. �,�.tyY �� c- V�1C.�T t� ALF (�� L��/�,c.:�.�T �� c ��s`�'1-��at�' 'i O C-�C.TI� CR_, v�t 1Tf'� OF� V �Cf��-T> C� `C�k S-C`�CC-T • s � c= c C�-r � r i c�TL b� `C"ITLG ��L.� • ti�- T`� PROPOSED LEGAL DESCRIPTION FOR THE VACATION OF 55TH AVENUE N.E. All that part oP 3rd Street (now known as 55th Avenue NE) lying easterlY of the northerly extension of the centerl�ne of Dayton Avenue (now known as 6th Street NE) and lying westerly of the northerly exten5ion of the centerl�ne of the Alley in Block �, HAMILTON'S ADDITION TO MECHANICSVILLE, Anoka County, Minnesota. AR� l�. 4R�= r��. p�a�-•t :� � a ��: ti C.� . P t?,�C �:. �.., �\°� 1-i. o a,- 5 Q, e= �. .��. ,��A�.�� ,�o� � �a. �-�, �� y!� G�, i l0 1�5. t�4 . O� �,' �� d� �?�O{� �x� aP`- i c -. "t" . � 1��t� � '�-f �I '_ � N �. �t �'t? �.L� L„ L. � 2 �,� �} �a�_ =' � F 0 R Sco`� �-�-k��E� I HEREBY CERTIFY THAT THIS SURVEY. PLAN OR REPORT WAS PREPARED BY �IE OR UNDER I�Y�6TAECT UPERV1510N AND THAT I AN A DULY IICE SED LAND SU ER �H TE OF M NNES Randy L. Kur L. S. No. 20270 Russell J. Kurt ,..S. No. t6113 � Di !aT r.�.i ��O � 1 � Stromberg, Stacy From: Smith, Mary Sent: Tuesday, February 08, 2011 8:20 AM To: Stromberg, Stacy Subject: RE: 5455 6th Street The property taxes, prior to the 2010 payment, were not paid since 2005. Because of this interesf, penalties and administrative fees were added. The value on the other hand has just been following market. The Jan 2, 2011 value for taxes payable in 2012 is $126,000. This is a decrease of 5% overlast year. Mary M. smith 5. A. M. A. Assessor � City of Frid/ey 6431 University Ave NE frid/ey, MN 55432 �' 763.572.3537 fax: 763. 571.1287 smithmC�ci. frid/�. mn. us From: Stromberg, Stacy Sent: Monday, February 07, 2011 4:46 PM To: Smith, Mary Subject: FW: 5455 6th Street Hi Mary, 1 have a meeting set up with Scott Dahlberg, the owner of 5455 6th Street (vacant lot south of 694, next to billboard lot) on Wednesday. He notes below that his taxes keep going up on that piece of property. Can you provide with a little history related to that? Thanks, Stacy From: Scott Dahlberg Sent: Wednesday, January 26, 2011 11:50 AM To: 'Stromberg, Stacy' Subject: RE: 5455 6th Street Again, thank you for the information you have shared so far! Just to make sure I have the proper visual of what you have outlined below, would itbe possible to make an appointment to meet you and discuss �orious scenorios? We need to get a handle on where to go from here............even though we are talking long-term future. To me however, it seems strange that the City/State would keep assessing and collecting taxes on Real Estate that has no use, according to what is spelled out below. In fact, the taxes have been going up dramatically on that particular piece of property, as the City (?) keeps raising the value. At any rate, if ineeting with residents one-on-one is not part of the job description, and we need to go through other channels, let us know! Again, pretty green here, but we definitely do not want to monopolize your time! Thanks again Stacy..........we really appreciate all you have done so far! Scott Dahlberg Purchasing Specialist Direct: 763.450.9Z11 Auer Steel & Heating Supply Co. Fax: 763.971.2920 From: Stromberg, Stacy [mailto:StrombergS@ci.fridley.mn.us] Sent: Wednesday, January 26, 2011 11:17 AM To: Scott Dahlberg Subject: RE: 5455 6th Street Yes, my husband is Benji. Small world, or maybe not so small when I work for the City my husband grew up in. Recent changes in the State Supreme Court regarding variances have made it very difficult for City's to grant variances, so it is unlikely that a variance could be approved. We've done a little more research to determine your exact square footage and it is 18,066.8 sq. ft. If you pursue a vacation of 55th Avenue (3rd Street), you would gain an additional 2,403.3 sq. ft., which would put you over the 20,000 sq. ft. needed, however, if then leaves you with only 15 ft. of frontage along a public right-of-way, and code requires 25 ft. This is assuming the lot next to you on the east isn't interested in vacating 55th Avenue as well. If they are, you would be left with a lot that doesn't have right-of-way access. Sadly, there is no easy solution that would make this lot buildable. Stacy Strom6erg, Planner City of Fridley, Minnesota 643� University Avenue NE Fridley, Minnesota 55432 Phone: 763•572•3595 Fax: 763•57�•12$7 strombergs�a ci.fridley.mn.us www.ci.fridley.mn.us _ . _.. . .. __._. __ _...... From: Scott Dahlberg [mailto:scott.dahlberg@auersteel.com] Sent: Tuesday, January 25, 2011 3:57 PM To: Stromberg, Stacy Subject: RE: 5455 6th Street Yes it is, and your husband is Benji, correct? My wife Christy (Nedegaard) knows the family very well! So...........at this point, since we are so close to the 20,000 sq ft minimum, can we apply for a variance? If so, maybe we'll just come in and talk to you about the process involved. Again, thanks for your help, we're pretty green when it comes to Zoning/Real Estate issues. O Scott Dahlberg Purchasing Specialist � Auer Steel & Heating Supply Co. Direct:763.450.9211 I Fax:763.971.Z920 From: Stromberg, Stacy [mailto:StrombergS@ci.fridley.mn.us] Sent: Tuesday, January 25, 2011 3:5Z PM To: Scott Dahlberg Subject: RE: 5455 6th Street Hi Scott, Since the cabinet shop has been removed, the lot is still considered non-conforming. If the building remained, it would have been able to be used, but not expanded. My sister-in-law is Jami Stromberg, not sure if it's the same person you are referencing? Stacy Strom6erg, Planner City of Fridley, Minnesota 643i University Avenue NE Fridley, Minnesota 5543z Phone: 763•57Z•3595 Fax: 763•57�•12$7 strombergs�a ci.fridley.mn.us www.ci.fridley.mn.us _ _ _ _ _ _ __ _ _ From: Scott Dahlberg [mailto:scott.dahlberg@auersteel.com] Sent: Tuesday, January 25, Z011 11:38 AM To: Stromberg, Stacy Subject: 5455 6th Street Hi Stacy, Thank you for such detailed information! I imagine you are not surprised by the fact that we will not be submitting a formal vacation application based on what you have communicated, but we do have an interest in doing something with the property at a later dnte (Much later ..............at least 10 years from now later O). Your lot is zoned, C-2 General Business and is approx. 18,600 sq. ft. which is deficient in meeting minimum lot size requirement for the C-2 zoning district. At one point there was Q Cabinet Shop on this property, so what nre our options based on this information? I was assuming the Cabinet Shop was in compliance with Zoning Laws. Thank you for any help you can give us! p.s. Are you any relation to Jamie Stromberg? Scott Dahlberg Purchasing Specialist � Auer Steel & Heating Supply Co. Direct:763.450.9211 I Fax:763.971.2920 Subject: 5455 6th Street Date: Tue, 25 Jan 2011 11:03:11 -0600 From: StrombergS@ci.fridley.mn.us To: christydahlberg@hotmail.com �I Good Morning Mr. and Mrs. Dahlberg, The City received your request to consider a vacation of 55�h Avenue, north of your property at 5455 62h Street. In order for the City to consider this request a formal vacation application, which can be found on our website at www.ci.fridley.mn.us would need to be submitted by you, accompanied with a$1,500 fee and a legal description describing the land you wish to have vacated. I should also point out that when streets are vacated, the land is split between the two owners that abut the street, so in your case, �/z of the land would go to you and the other 1/z would go to the Minnesota Department of Transportation. Some additional information. This section of right-of-way is designated as a potential telecommunication site, and as a result, it is unlikely that the City would be willing to vacate. Your lot is zoned, C-2 General Business and is approx. 18,600 sq. ft. which is deficient in meeting minimum lot size requirement for the C-2 zoning district We're not sure of your interest is this vacation at this time, but if you have any additional questions, feel free to e-mail me. Stacy Strom6erg, Planner City of Fridley, Minnesota 643� University Avenue NE Fridley, Minnesota 5543Z Phone: 763•572•3595 Fax: 763.57�.�z87 strombergs�a ci.fridley.mn.us www.ci.fridley.mn.0 s Stromberg, Stacy From: Stromberg, Stacy Sent: Tuesday, February 15, 2011 2:43 PM To: 'Scott Dahlberg' Subject: RE: Vacating 55th Ave in Fridley That is good news. Do you plan to submit an application for the vacation soon? Stacy Strom6erg Planner City of Fridley 6431 Unviersity Avenue NE Fridley, Minnesota 55432 s tro m b e r,g s@ c i. fri d 1 ey. m n. u s Phone: 763.572.3595 Fax: 763-571-12877 www.ci.fridley.mn.us From: Scott Dahlberg [mailto:scott.dahlbergCa�auersteel.com] Sent: Tuesday, February 15, 2011 2:40 PM To: Stromberg, Stacy Cc: Scott Dahlberg Subject: Vacating 55th Ave in Fridley Hi Stacy, I just got off a conference call with Jim Kirchner and Keith McMurray from Mn/DOT. According to the map they had in front of them, and the plat I attached (Old Plat showing 55th Ave in Fridley): Mn/DOT has no vested interest in 55th Ave. They said Relense No 120 that is highlighted in pink on the plat I uttnched is their release relinquishing all future rights to the property. So...........all I have to do is fill out the City of Fridley Application to Vacate and they will sign off on it: I can have the entire area from my lot to 694. Really good news if you ask me! O Scott Dahlberg Purchasing Specialist � Auer Steel & Heating Supply Co. Direct:763.450.9211 � Fax:763.971.2920 From: Scott Dahlberg Sent: Tuesday, February 15, 2011 2:04 PM To: 'im.kirchner state.mn.us Cc: Scott Dahlberg Subject: Vacating 55th Ave in Fridley Hi Jim, Thank you in advance for your help! The City of Fridley said they would submit the vacation if Mn/DOT was willing to sell me 15'x166' of Mn/DOTs part of 55th Ave in front of Lot 30 as shown on the Certificate of Survey that is attached. (Apparently, if a parcel is vacated, each entity gets 2 of the vacated property?) Apparently, lots 28, 29, and 30 only add up to 18,500 sq ft, nnd I need 20,000 sq ft for it to be a build-able lot. Again, any help or guidance you can give me will be greatly appreciated. Thank you! Scott Dahlberg Purchasing Specialist � Auer Steel & Heating Supply Co. Direct:763.450.9211 I Fax:763.971.2920 -�° � t � —O:J 1� � , i� __ -� 6 •, •�7�,�ST.P.O.T. 4u+��.ac- `��. : • .� � ,�. r - i ' �- s �x 5 2� , t, t� : �•.�. - s e- - c. ' i ,►� RE � E A T. 0+ 00 _ . . � , I _� � �OU dR .:P�. �� _ --� a � __ _ ___ - - . ; � . no __ - _ _ _ re ' . � t �'dyV:B. P. O.T. 353 + 42.52 = , i I z,, _ _ — -- — -- - �_ _ . -- - - -T ',?th ST. FO.T. 38+79.95 � � o 0 ` � —5--- — � , e � ' ,.s.f `� — 45 -- - � ° --- --- o ---- _ o _ _ . 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I 1 W , ' : . • ` � + '4 .� ��jA,� _ �_ � �,,.,w .-� r-- —� ` - i . q� ` , .. �,kY, . .:. GQ 5 � '. , a s, .. �, ' F. . � . �. � .r` � r '�' � ! { �, ' .� �;-N„ � • 134. U' � ?'s t3�¢:I I' « = 4K �� R -5 F. ,. �-�.. � �O �,�� . �;�e�� .--.- t' . _ "Sj�� 'k r�� . - 'li... ; � � �� 2 • J ,. ,�`' . , �� ,� , � �� bQ � , �, . �._ �� ,. , 7 .1 3�" ,-.s- e- .'�n j � ,.s-f a �� ;r , �i;st' ' , H0. � 2 Hn �p Y ` � j3�.i: �' C� � �� . . . �+ �t 4� � "it � '�r { o� ; , s�.' � Q ' ,� .. � ,� . :.�fi � `��5 �`� .�=rt :� I 13332'- ' � - I-5 f�L. SHEO � �.. .... . '�. .J._;^__.. + j i; ;�,.�� t�rirP4,vb � - , � , "t :',AMD. VyIDT�I e ORDER � 2.8 � : � ' '' •' . ' �- �, ' 3p � � � � � - w MD. �CC E�SS QR:DER �. N' � � ° F�� . _ � D. SLOFE �+QRI�ER �_�,� ',, .. �. N tl x, } �,�, ��,� � N� � >, �; , .� .�� -� p � � :�r �: , r:. yAt1r11�; ' � ;�:�3 } � �� r � � .-yf .'�R. �: � , � r i� i' . �,1f �- � -, �, Sr, .. . , , . . . ,..,� - • c t: • -1 y 1 ' �ka�r. � . ' , � . ( , i , .. , ' . ., . . -. 'I�:> � �L _ �. r -ti s � . ' • - Neca .'.�, ! . ,. .: . .. > . , f ��; - - � � .�_� � • . . , ' ` "(� . I . . .i. �,.. . l � � .. . M1l�v.{ ' 1 � .. ` ' � ' , . ..... . . ,� . .. -,. ... r �.•, _. ..t« a � _ s . From: Sent: Cc: S ubject: Attachments: Jim, Randy [randy@kurthsurveyinginc.com] Thursday, February 17, 2011 2:40 PM jim.kirchner@state.mn.us scott.dahlberg�auersteel.com; Stromberg, Stacy Vacating 55th Ave. in Fridley dahlberg.pdf - �.�-��, ��(,�- , ,� I�l(,� � L %" Attached you will find past email correspondence you have had with my client, Scott Dahlberg. I would like to request any copies you may have of the documentation used for �elease No. 120 as mentioned in that correspondence. We intend to draft a legal description for the vacation of this street which would be over the entire 60 feet of right of way lying between the northerly extensions of the east and west lines of ScotYs existing boundary. We could also limit the vacation to the south line of 694 as established by the Release No 120, but the 1 st option is our desired course of action at this time to get this moving at the City level and it is a simple description. In either case we will need to eventually determine the south line of 694 from the Release, and comprise a legal description for it, as that is the portion of the vacated 55th Avenue that MnDOT and\or the City of Fridley will need to convey to Scott, most likely by quit claim deed. I am not sure whose ownership this becomes after vacation and quit claims from one or both parties would seem to cover that interest. ScotYs current ownership is registered property, so he will probably need to have a proceeding subsequent or examiners directive to gain clear title to this property and have it attach to his current ownership. Any assistance you can provide at this time will be greatly appreciated! Randy Kurth Kurth Surveying, Inc. 4002 Jefferson St. NE Columbia Heights, MN 55421 rand�kurthsurvevinqinc.com P (763)788-9769 F (763)788-7602 AMENDED WIDTH OP.DER N0. 62601 Whereas the location of Trunk i?ighway (Legislative) Route No. 393, renumbered 694, in ANOKA County, has been definitely designated and located by Definite Location Order Numbered 34669, and the width of said trunk nighway has been established Uy Orders Numbered 41658 and 42393, It is ordered that said Width Orders be amended so as to provide the following width of right of way on each side of the location line of said trunk highway between Engineer's Station 339 plus 47 and En�ineer's Station 433 plus 51.1 (being the east line of section 24, toc.mship 30 north, range 24 west) (all as shocm on the right of way map thereof on ffle in the office of the Minnesota Department of Transportation): Sta.339 plus 47 to Sta.364 plus 00 RIGHT SIDL P_11 that portion lyiiib sou[herly of the location line cf said trunk highcaay which lies within the following described line: Beginning at a point en the location line of said trunk highway known as Sta.339 plus �J; thenca run southerly at an angle of 90°57`45" from the location line of said crunk highcaay (measured from west ro sou[h) for 922.72 feet; thence deflect to the left at an angle of 90°00'CO" to an intersection with Line 1 uescribed below, thence :un northeasterly on said Lire 1 to its intersection ��ith the west line of Fourth Street in the City of Fridley; thence run northerl�� on che west line of said Fourth Street to the northeast corner of Block 12, Hamiltons Addition to Mechanicsville; thence rua northeasterly to a poin[ on a line run parallel with and distant 215 feet southerly of the locatlon line of said trunk highway opposite Sta.343 plus 70; thence run north2asterly to a point on a line run para11e1 with and distant 185 feet southerly of the location line of said trunk highway opposite Sta.344 plus 50; thence run easterly to a point on a line run parallel caith and distant 175 feet southerly of the location liae of said tru�ik highway opposite Sta.346 plus 50; thence run sou�heasterly to che point of ir.eersection of the center line of Fifth Street in the City of Fridley, wi*_h the north line of the SE1� S?va of Ser_.23, 'Itap.30N., Rge.24W.; thence run easterly on the north line of the SE�: SWw of said Sec.23, to its intersecti�r. with the center line of Sixth Street in the City of Fridley; thence run northe2sterly to from a point on a line run paraliel with and distant 150 feet southerly of the Iecation line of said l:unk high�•ay opposite Sta.350 plus 50; thence rur. easterly co a poi_nt cn the north ar.d south quar[er line of said Sec.23, distant 120 fzet southerly of its intersecticn with the location line of said trunk hig'r.way; tnence run south=rly on the no'rt'r. and south quarter line of said Sec.23, t:� its intersectien :oith said 75 foot parallel line, thence run easterly on said i5 fcot parallei line Co its ir.tersection with a line run southarly at right an�;les to Line 2 describ�d below fror� a point thereor distant 1566.b fect westerly of its point of Ueginn+_ng; ticence run soutnerly oa the last described 7.ine Co its intersection with a li=:e run parallel with and distant 110 feet southerly o* said Line 2; ther.ce run easterly on said 110 foot parallel line to its intersection cwith a line run southerly 2t right angles to said Line 2 fror� a point t't:ereon distant 1466.6 feet westerly of its point of beginning; thence run northerly on the lasC described line to its intersection with a line run parallel caith and distant 90 feet southerly oi said Line 2; thence run easterly on said 90 foot parallel line to its intersection (�2�Gj I AMENDED WIDTH ORDER N0. 62601--Continued with a line run southerly at right angles to said Li:�e 2 fro� a point thereon distant 1166.6 feet caesterly of its point of begin.ning; thence run northerly or. the last described line to its intersection with ssid 75 foct parallel line; thence run easterly on said 75 foot parallel line to a point opoosite said Sta.364 plus 00 and there terminating: Line 1. Beginning at a point on the east line of Universi.ty Avenue Northeast in the City of Fridley, distant 985 feet south of its intersec*_icn with a line run parallel with and distant 7� feet southerly of Line 2 described beloor; thence run ncrtheasterly to a pcint on the north line of Slock 11, Hamiltoas Addition te Plechanicsville, distant 25 feet east of the northwest corner thereof; Line 2. Fro� a poin= on the north and scuth quarter line of Sec.23, Twp.30n., Rge.24W., distant 1372.4 feet north of the south quarter corner thereof, run southeasterly at an angle of 94°O1' from the north and south quarter line of said Sec.23 (measured trom north to east) for 703.3 feet; therce deflect to the right on a 0°30' cur��e (�ei�a angle 7°03') for 1410 .`eet to the point of beginning of Line 2 to be describe�; thence run northwesterly on said 0°"�0` curve for 1410 feet; thence on tar,gent to said curve for 20�G fee� ar.d there termina*_ing. LEFT SIDE A1i that portion lying northerly of the loca[ion line of said trunl: highway whi.ch lies witnin the iollowing dAscribed linec I3eoianir.g at the poi.nt of beginning of Line 1 describ�d below; thence run norther7.}� on said Line 1 to its intersection �ith th�: east and west quarter line of Scc.23, �ap.30td., Rge.24�d.; thence run easterly on tne east 2nc1 west quart�r lir.e ot said Sec.23, to its intersection with a line run p�ra11e1 c:ith a_n:l c;is*_a�t 25 feet southw2sterly of I,ine 2 described below; thence run soutneasterly or. ssici 2_5 foot parallel line to its intersection c,�ith a lii.e zun southweste:ly at �-igl�t ar.gles to said Lir.e 2 from a point thereen distant 572.98 feet southeasterly of i�s coint of beginning; thence run nortt;eastez:y on the last described line to its ir.tersection with a line rtin parx11c1 c�iith ac:d d'lstant 20 feet soutliwesterly of said I.ine 2; thence run southeasterly on saic 20 foot parallel line [o its ir.tzrsection with the north and south quarter iine of said Sec.23; thence run east�rly tc a poi:;t on a line run perall�l c,�ith and distant 115 feet northeasteriy of Line 3 deacribed below, distant 100 feet easterly of its intersection with tlie north and seu[h quarter line of said 5ec.23; thence run easterly on said 115 foot para11e1 line to it� iatersection witlz a line run northerly at right angles tr, said Line 3 from a pcint thereon distant 755.63 feet easterl}� of its point oi beginning; thence run easterly to the poiat oi ir.tersec;i.on oi a line run para11e1 with and distan*_ 105 feet nor:herly of said Line 3 with a line run ttortherly at right angles to szid Line 4 from a point Cherecn distaat 855.63 feet easterl} of its point of beginning; thence run easterly on said 105 foot parallel line to a point oppcsite said Sta.364 plus OG and chere termiaating: Line 1. Beginning at s point on the location line of said trunk. highway known as Sta.339 plus 47; thence run norther�y at ar. angle of 90°Si'45" from the lo�atien line of said trunk highway (Dieasured from east [o north) for 1200 feet and there terminating; iine 2. From a point on Line 1 descriUed above, distant 1152.65 feet northerly of its point of beginning, run eastcrly at right �ngles to suid Line 1 ror 65 feet to the point of beginning of Line 3 �o Ue descrited; thence defiecC to the right at an angle of 90°QO`00" for i00 feet; [hence deflect to the ieft on an (k 2. (P U j ;� J� AAfENDED WIDTH OP�llER N0. 62601--Continued 8°00' curve (delta angle 23°15') for 353.13 feeC; thence on tar.g�nt to said curve for 63.24 £eet; thence def].ect to ti1F left en a i0°00' cur.�e (delta �ngle 43°15') for 432.55 feet; ther.ce on tanbenL to said curve for 404.12 feet; thence deflect to the lefc on a 6°00' curve +;delta angle 13'C1'37.5") for 217.12 feet; thence on tangent to said r_urve for 400 feet a�:d there terminating; Line 3. From a point on the north and soutn quarter line of Sac.23, T:.'p.3CI�., Rge.24W., cistant 1507.28 feet northerly of the seuth quarter corner thereof, run westerly at an angle of 96°45'15" (when neasuzed from south to west) for 100 feet tc the point of Ueginning of Line 3 to be descrihed; thence run easterly on the last described course fo: 1300 feet and there terminati�g. Sta.364 plus 00 to Sta,433 plus 8i.1 (being the east line of Sec.24, T`�ap.30N., Rge.24W.) RIGEIT SIDE All that portion lying southwesterly oi t:le location line of said trunk ilighway which lies within the following described line: .rseginning a.t a point on a line run parallel with and distart 75 feet southwesteriy of Line 1 described below, opposite said Sta.364 plus 00; thence run southeaste?'1y on said 75 foot parallel line to its intersecticn with the northerly extension of the east line or Lot 2, Block 1, :lurdix Park in the City of Fridley; [`ience run southerly on said northerly extension and the east line o.` saicl Lot 2 to its intersection with a Iine run parallel with and distant 120 :eet soutnwesterly of said Lir,e 1; thence run southeasterly on said 120 foot narallei line to a point thereon distant 30 feet riorthwesterly of its intersection •��ith a iine :un southwesterly at right an�les to said Line 1 ircm a point ct:erecn distant 913.4 £eet zasteriy o f i ts poin t o f t e rr.:ination; thence r�m southeasterly to the poinC of intersection of the 12st descrioed line �h�ith a line run parallel *.aith and distant 160 feet southwesterly of said i.ine 1; thence run southeastcrly on said 1b0 fooc parallel line to its intersection czith a line run parailel •.rith and distant $8 feet southw�esterly of Line: 2 described below; *_l:ence run seutheaste�ly on sa_d 88 foet par�llel line [o ics intersection c.ith a line run southwesterly at right angles Co said Line 2 Troro a point tl:ereon distant 1'v12.25 f�et southeasterly of its point of beginnin�;; thence rur. northcastcrly on the last cescrioec: line to its intersection witi� a line run par211e1 i•:i[h and distant n0 feet south�Jesterly of said Line 2; *_'r.en.a rcn southeasterly on said 60 foot parall�� line to its intersection with a line run wesCerly at right augles [o said T,ine Z fror a point theraon distant 23.27 feet norths�esterl;� ef its point o.`' ternination; chence run ncrtl�east�sly cm tlie last described Iine co its intersection u�ith a line run parallel with ar.d distant 121 feet westeriy of Lir.e 3 described beloia; thence run southerly on said 121 foot parallel line to it: intcssection with che north lir.e of Lot 12, Auditor's Subdivis�cn No. 155; theace run 4%esterly on the north line of said Lot 12 to its intersection with a line run parallel with and distant 201 feet westerly of said Line 3; thence run souL'h2rly on said 201 foot parallel line to its intersection with the southerly iine of 53rd Avenue Northeast City of Columbia Heights; therce rue i:asterly on the southerly line of said 53rd Avenue Northeast to its intersection with said 121 foot paraliel line; [hence run southerly ott said 121 foot parallel iine to its intersection ti�ith a line run westerly at right angles to sa'_d Line = fron a point ttiereon �e2�v� "`� ��ENDED WIDTH ORDER N0. 62601---C.ontinued distant 1i34.7 feet southerly of its point of Ueginnir.g: theace �un westerly on the last described line to its ir.tersecticn witn a line. run parallel with and dis[ant 126 feet westerly of said Line 3; the:�ce run soutnerly on said 126 foot parallel line to its intersection with a line run westerly at right angles to said Line 3 from a point thereon distant 1224.7 feet southerly nf its point of. beginning; thence run easterly on the last de�cribed line to its intersection with said 121 foot parallel line; thence run scutherly on said 121 foot parallel line to its intersection with the westerly e�tensien of a line rua parallel with and distant 49.5 feet north of the south line of LoC 2, Auditor's Subdivision ho. 153; thence run easterly on said westerly extension to its i:itersection with a line run parallel with and distant 50 feet easteriy of the west line of Sec.2�, Twp.30N., Rge.24W.; [heace r wz northeasterly to a poir.t on the south line of the aorth 30 feet of said Sec.25, distant 25 feet easterl} of its intersection with said 50 foot parallel line; thence run easterly on the south line of the north 30 feet of said Sec.2� to a point thereon distant 289 feet easterly of its intersection wiCh sald SO :oet parallel line; ehence deflect to tne left at an angle of 90°00' te an int�rsection with tne south line of Sec.24, 'Itap.30Pi., Rge24W.; thence run coesterly on the scuth line ef said Sec.24 te its intersection with a line run parallel with and distant 1�C feet easterly of said Line 3; thence run northerly on said 150 foot parallel Zine to its intersection with a line run easterly at right angles to said Line 3 fron a point thereon, dzstant 999.7 feet southerly of its point of beginnin�; thence run westerly en the last descriLeu line te i[s intersection with said 50 foot parallel line; thence run northerly on said 50 foot parallel line. to its intersection wiCh a line run easterly at right angles to ssid Line 3 from a Puint thereon distant 899.7 feet southerly of its point of beginning; Lhence run northerly to the point of intersectien of a line run parallel c:ith und distant 20 feet westerly o f L in e 4 de s c r i b e d b e l o w w i t h z l i n e r u n w e st e rl y a t r i g h t a n g l e s t o s a i d L i n e 4 from its point of beginning; thence run northerly, nortt:ee.sterly, easterly and southeasterly on sa+_.d 20 foot parallel line to its inCersection with a line run northeasterly at right ungles to said Lin_ 4, from a peint thereor. distant 235.71 feet northwesterly of its point o,: terminaticn; t�ence run rortLeasterly on the last described line to its intersection c±ith a line r.ur. para11e1 with and distant 30 feet northeasteriy oi said Line 4; thence rur. southeasterly on said 30 foot ��arallel line to its ir.tersectior. wi,th the north line of the S� `� SL� SWZ of said Sec.24; therce run easterly on *he north line oT the S� SE4 S„i�4 of said Sec.24 to its intersectior. with a line r�.in parallel. with and distant 110 feet south�aesterly af said Line 1; thence run southees*_erly on said i10 foot parallel line to its intersection with a liae run south�aesterly at right angles to said Line 1 from a point thereon dis[ant 2151.9 feet northoiesterly of. its point of beginning; thence run northeasterly on the last described line to its inCersection with said 75 foot parallel iine; trence rua soutneasterly on said 75 foot parallel line to its ir.tersection wi�h a line run eouth�-zsterly at right aagles to said Line 1 from a poiut thereon distant 1245.9 feet northwesterly of its point of beginning; thence run souti�caesterly on the last described line to its intersection with a line run parallel with and distant 125 feet southwesterly of said Line 1; thence run southeasterly on said 125 foor para11e1 line to its in[ersection with a line run southwesterly at right angles to said Line 1 f.om a point thereon distsnt 545.9 _`eet northwesterly of its point o� beginning; thence run northeasterly to the point of i_ntersection of said 7� foot parallel line with a line run southwesterly at right angles to from =ai.d I,ine 1 from a (�Z(�Ui L{ - -_ _ _ .. �';?' �� •. ��5'. ,4, ;`�,A A.PiLNDHD FITDTH OFDER N0. 626U1--Con[inued point thereon distant 395.9 feet northwesterly of i�s poin[ o: begir.ning; thence run southeasterly on said 75 foot parallel line to its intersection u*ith the east line of said Sec.24 and there tercainating: Line 1. Beginning at 2 ooint on the east line of Sec.24, �.'o.30N., Rge.24S�'., distanc 1.72.7 feet north of the southeast corner thereoi; thence run northwesterly for 2658.8 feet to a point on the north and south quarter iine of said Sec.24, distant 631.7 feet north of tne south quarter corner thereof; thence continue r.ertliwesterly on cl:a la.�r ue5_-ri.b�d co��r�e for ;2�E.6 :eet; thence deflect to the left on a 0°30' curve (delta angle 7°03`) for 1410 feet and there cerminzting; Line 2. From a point on the loc2tion line of said trunk highway knoc�ci as Sta.3E,5 plus G6.9, run seutherly at right angles to the location line of said trunk highway for 12 feet to the point of begirning of Line 2 to be described; thence deflect to the left at an angle of 90°00' for 100 feet; thence deflect to the right on a 5°00' curve (delta angle 37°55'30") for 758.83 feet; thence on cange�t to said curve for 230.84 feet; thence deflect to the leit on a 14°00' curve (delta angle 22°36') for 161.�:3 feet; thence on tangent to said cur�� for 151.15 feet; thence deflect to the right on a 22°00' curve (delta angle 58°25'30") for 311.02 feet and there terninating; Line 3. Beginning at the point of in[ersection of' Line 1 desr_ribed above c:ith tlie west line of Sec.24, Twp.30N., Rge.24W,; thence run southerly on the west line of said Sec.24, and on the wes� line of Sec.25, Twp.30N., Rge.24W., for 1300 feet and there terminating; Line 4. Prom a point on the south line of Sec.24, 'I�p.30N., Fge.24W., distant 204 feet east of the southwest corner thereof; run northerly at an angle of 90°42'22" from said south sectioa ].ine (r�eas�.ired f:-on east to north) for 132 feet; thence deflect to the left at an angle o.` 54°17'3L�" for 1i7.32 feet; thence deflect to the right at an angle ef 54°1�'3�'" for 51.25 feet to the point of oeginning of Line 4 to be descriUed� the�nc:� rur. r.ert:�rr1; un the laGt d��cri.U�� c.ou°so for Ei.24 feet; thence deflect te the right on a curve having a radius of 200 feet (delta angle 70°24'30") for 245.72 fee*_; thence on targent to said curve for L19.39 teet; thence defl.ect to the �igl�c cr. ��n �OCO' curve (delta angle 30°33'15") for 381.93 feet; thence on �angent Co said curve for 193.68 feet; thence deflect to :he r:_gh� on a curve having a radius of 100 feet (delta anEle ?�°46') for 135.71 Yee�; thence on Can�ent to said curve for 100 feet and there terminating. LF.FT SIDH All that portion lying northeasterly o� the locatior, line cf 5aid trunk highway which lies wi.thin the follewing descriced line: Seginnino at a t?oir,c cn a liue r:n� p_u•:allcl v�i.th •.:nd distant 105 feet nortneasterly ef Line 1 described Lelow opposite said Sta.364 plus OC; thence run southeasterly on said 105 foot parallel line to its intersection with a line run northeae;terl� a*_ ri�ht �agles to Lir,e 2 described below from its point of beginning; thence run northeasterly on the last described line to its intersection with a line run pr�ra�lel with and distant 2Q0 feet northeasterly of said Line 2; thence rur. soi;.the:lsterly or. sai' 2C0 fe�-t ,,?ra11e1 line to its intersection with a line run parallel with and distant 88 feet northwesterly of Line 3 described belcw; thence run northeasterly on said 88 foot parallel line to its intersection i,*ith a line run no:theasterly at rignt aagles to said Line 2 from a point tliereon distant 420 feet southeasterly of its point of beginning; thence run northeasterly on tlie last de.scribed lin2 � A.*tENDED WIDTH ORDER N0. 62b01--Continued to its intersecrien with a line run parallel uith and distant 260 feet northeasterly of said Line 2; thence run southeasterly on said 260 foot parallel lir.e to its ir�tersection �:�i.th sai3 E8 fect parallel line; titence run northeasCerly on said 88 foot parallel line to its intersectic�n c;ith a line run nerthccesterly at right acigles to said Linz 3 from a po:int ehereon distant 554.05 feet northeasterly of its point of beginning; thence run northwe.sterly on the las� d°scribed line to its intersection witl: a line run parallel with �nd distant i2G f��t nortnwesterly of said Lir.e 3; thence run northeasterly or said 120 fooc garallel lir.e to its intersection with the westerlg line of Lot 7, Auditor's Subdivision No. 155; thence run northerly on tl�e wesCerJ.y line of said Lot 7 to the northtirest corner thereor; *_hence run easteriy or. the north line of said Lot 7 te its inCersection with said I20 foot parallel line; thence run northeasterly on suid 120 :Eeot parallel line to its tntersection with a line run northwesterly at right angles to said Line 3 from its poin* of cermination; thence run northeasterly to tl^_e point of intersection of a line run parailel with and distant 20 feet southeasterly of Line 4 described below with a line run southeasterly at right angies to said Line 4 from its poi:it of termination; thence run northeasterly and northerly on said 20 foot parallel Iine to its intersecCion c:ith the southeasterly line of 'd. rioore ?,ake Drive in the City o: rridley; tnence run northeasteriy oa the southeasterly Iine of said Id. Ploore Lake Drive to its intersection with a line run parallel with and distant 75 feet northwesterly of Line � described below; ther.ce run northeasterly on said 75 foot p2rallel line to its intersection with the east and west quarter lir.e of said Sec.23; ttience run easterly on the east and west quarter line of said Sec.23 and or. the east ar.d west qu2rter line of Sec.24, Tt�p.30N., Rge.24ld., to its intersection wit;1 a 11ne run oaral.lel with and disCant 75 feet sourheasterly oE Line 6 clescribed Uelo�a; t}ience run southwesterly en the last mentioned 75 ioot paralleY line to its intersection c.�ith a iine run parallel with and distant 20 feet northwesterly of Line 7 described below; thence rut. scutherly atid souCheasterly on the last mentioned 20 foot parallel line to a point opposite Sta."s92 plus 00; thence run southeasterly to a point on a line run parallel with and distant 225 feet northeasterly of Che location line of said trunlc highw�y opposite Sta.409 plus 00; _hence rua southeasterly to a point on a line run para11e1 o:ith and distsnt 210 feeC ncr�::ieasterly of the locatiac. line of said trunk hibhway opposite S[a.409 p?us 7Q; thence rt.:� southeasterly on said 21U foot parallel 12ue to s poin� opposi:.t Sta.424 plus 00; thence rua soutl:easteriy to a point cr a line run parallei witl: aad distai:t 220 feet northeasterly of the locatian lir.e of said trunk hio'.i�;ay epposite Sta.425 plus 00; thence run seutheaster�y or. said 220 fcc� rar3llei line to a point oppo�ite Sta.429 plus 00; tLence run southeasterly to <^: poii:t on a line run para11e1 ti�ith and distant 184 feet northeasteri;� of the Lo.z.tio:� '.ine of said trunlc higl�:oJay ei�posite Sta.430 plus 00; thence run sou*heasCerlv on said 184 foot paral'_e1 line to its intersection with the east 1_n� of said Sec.24 and there terminating: Lir.e 1. From a poin� on the north ard south quarter line of Sec.23, Twp•30N., Rge.24W., distant ,1442.83 feet north of the south quarter corner thereof, run northwesterly at an angle 96°4�`15" from said ncrth and south quarter line (when meesured from south to northwestl for 50.1 feet; thence deflect to the right at an angle o.` 90°QO' for 64 feat to th� point of beginning of Line 1 to be describ�d; thence de:lect to the right at an ar.gie of 90°0�' for 1600 feet and there terminating; C� 2.�e'l r APIE�DED tvIDTH OF�DE� N0, 62601--Continued Line 2. Fron a ocint oa the nor�h and south yuarter line of Sec.23, 'Itap.30N., Rge.24W., distant 1372.4 ieet north of the south Guarter corner thereoi, run southeasterl� at an argle of 94°O1' from said r.orth and soach quarter line (measured from nor�h to east) for 703.3 feet; thence def.lect to the right on a 0°30' curve (delta angle 7°03') having a ler.gth of 1410 feet for 493.4 feet to the point of beginning of Line 2*_o be descr�.bed; thence cor.tinue southeasterly on said 0°30' curve for 916.6 feet and ther2 terminating; Line 3. From a point on Line 1 described abeve, distant 277.? feet northc��esterly of its poinC of ternination, run northeasterly at right angles to said ?.ine 1 fc.- 12 feet; thence deflect to the rig:,t a� an ar.�le cf °0`ee� ior 100 feet to the peint of begi�nie� of Line � Lo be dcscribed; thaace deflect to the left on a 5°00' curve (delta angle 35°58'20") for 719.+4 feet; thence on tangen;: to said curve for 365.95 feet and the:e terminating; Line 4. P,eginnin•;; at a roint ^.i the east and c�e5t quarter line of Sec.23, Tt�+p. 30N. , Rge.24W. , distant 150. 3 feet westerlyo uf tNe ea.st ycarter corr.er thereof; ther,ce rua scutherly and parailel c�.ith the east 1::r.e of said Sec.23, for 106.98 fe.et; th�nce defiect to *_he left on a curve h��.•�:ng a radius of 200 feet and a delta angle of I4°43'29.3" for �1./ fee�; tl:ence ori tengen*_ to said curve for 144.7G L��t; thence deflect to the right on a curve k;av�ng a radius of 200 feet and a lelta angle of 13°45'3G.7" for 65.49 feet; ther,ce on tangent to said curve for 186.96 feet; thence deflect to the right on a?4°00' curve (delta angle 37°10'; ior 265.48 feet; thence deflect to the right on a curve having a radius of 50 feet ar.d a delta angle of S1°00' For 44.51 ieet and there t e rmi.i.+C in g; Line 5. Fro� a point on the south lir.e of Ser_.<'3, T�ap.30N., Rge.24W., dist2nt 3 feet west of the southeast corner thereof, run nortnerly and parallel with the east line of said Sec.23 for 9?2.� feet; thence deflect to the left at an angle cf 90°00' for 58 feet to the point of heg,innir,g oi Line 5 to be described; thence deflect to the right at an angle of 9C°00' ior 474.5 :eet; thence deflect to the risht a� an angle of 2°04' for 531.8 feet; thence deflec*_ to the right on a 1°30' curv: (delr_a angle 18°G4') for 1204.4 ieet and there terminatirg; Line 6. Beginning at 2 poin* on the south lir.e of Sec.23, T`a�_30N., Rge.24tJ., distant 3 feet west of the southeast corner thereof; thence run northerly and parallel wi[h the east line of S31d Sec.23, for 1872.4 feet; thence deflect to r_he right on a 1°30` curve (delta angle 20°08`) for 134�.2 feet and there terminating; Line i. Proci a poir.t on the loca�ion i�ne of said trunk hiohcaay ynow�c as Sta.:92 plus 54,48, rur. northeasterly at risht angles from �he loca.tion line o£ said trunk tiighway �or 244 feeC t� ttie point ef br-_�inninp, of I.ine i to be describe.d; tnence deflecc to tl:e lefL at ar, ;r.�le. uf 9C°00` `.^r 1C0 feet; thence deflect to the right en ar. 8°00' curve (celta angie 25°45'30'') ior 322.19 :eet; thence on tangent to said curve for &1b.30 reet; theace deflect to *_l;e right on a_ 15°CO' cur�•e (delta an�Ie 56`�6`40''') for 37b.29 feet; thence rieflect to the right on a 1°31'12" curve (delt� angle 5°�.3`59") for �44.29 fee`, thence deflect to the right on a curve having a radius of 232.10 feet and a deita angle of 25°19'15" fcr 124.67 feet; thence on tang:.�nt to s�id curve for 200 feet ar.d there te:mira�ing. It is further ordered that a11 public t�i.ghwa��s, rcads, streets and alleys contained within the descriptions set zorth herein, be an3 are hereby �e�%��'f �' ;• ,., ;' �a ,�`.4�, AMENDED WIDTH OFDER N0. 62601--Continued taken over by the State as a trunY highway pursu�nt to �innesr,ta SCatutes 1977, Chapter 161.18. It is further oruered that it is r.ecessary to acquire all trees, shruUs, grass and herbage with:n the aferesai.d right of wsy oi Trunk Highway No. 694, and to keep and h2ve the exclusive co,.trol of tILe sac�e. Portion of S.P. 0285 (b44=393) 901 Anoka County Dated February 8, 1979 _ (� 2 G;al �'� -��w"---- Richard P. Bruun Commissioner �� Transportar_ion � - Stromberg, Stacy From: Sent: To: Cc: Subject: Scott Dahlberg [scott.dahlberg cLDauersteel.com] Wednesday, March 09, 2011 1:27 PM Stromberg, Stacy Scott Dahlberg RE: Roadway Construction I definitely don't want to do anything to make things more complicated, but at the time we sell the lot, I will be including in the sale terms very specific items which are non-negotiable with the City of Fridley. Very important to me that someone does not come back and sny: "You didn't tell the City REQUIRED this." Full disclosure will be my main concern from start to finish, with the City's best interest being of high importance to me .................. Scott Dahlberg Purchasing Specialist Di rect: 763.450.9211 Auer Steel & Heating Supply Co. Fax: 763.971.2920 From: Stromberg, Stacy [mailto:StrombergS@ci.fridley.mn.us] Sent: Wednesday, March 09, 2011 12:07 PM To: Scott Dahlberg Subject: RE: Roadway Construction It will make the stipulation more complex, but we can work on it. Stacy Strom6erg Planner City of Fridley 6431 University Avenue NE Fridley, Minnesota 55432 strombergs@ ci.fridley.mn.us Phone: 763.572.3595 Fax: 763-571-12877 www.ci.fridley.mn.us _ . .............._.... ... ..... From: Scott Dahlberg [mailto:scott.dahlberg@auersteel.com] Sent: Wednesday, March 09, 2011 8:52 AM To: Stromberg, Stacy Cc: Scott Dahlberg Subject: RE: Roadway Construction Hi Stacy, Believe me, I am QII about aesthetics to the point that I would love to move the Billboard to the West in the center of the lot and put the future office building adjacent to 7th Street. I would also require as n City some sort of (andscaping budget number..........again, how MCE the cumulative property looks is very important to me. So, with that being said, either option below seems extremely reasonable to me, but I will not be the one who will be making thnt decision. Should I choose wrong, the fate of the property in terms of selling could be in jeopardy if the future property owner is pigeonholed into one access road option. Can the stipulations in the vacation state thnt any future property owner will be required to construct the access road in accordnnce with two options previously outlined by the City, at the time the vacation was npproved? Scott Dahlberg Purchasing Specialist � Auer Steel & Heating Supply Co. Direct:763.450.9211 � Fax:763.971.2920 From: Stromberg, Stacy [mailto:StrombergS@ci.fridley.mn.us] Sent: Wednesday, March 09, 2011 8:40 AM To: Scott Dahlberg Subject: RE: Roadway Construction Good Morning Scott, We would need you to make the decision now, so we can prepare the appropriate stipulations on the vacation. Then when the property is developed we have a plan approved and can move forward. Stacy Strom6erg Planner City of Fridley 6431 University Avenue NE Fridley, Minnesota 55432 stromb ergs� ci.fri dl ev.mn. us Phone: 763.572.3595 Fax: 763-571-12877 www. c i. fr i d I ey. m n. u s __ _ _ _ ...... _.. From: Scott Dahlberg [mailto:scott.dahlberg@auersteel.com] Sent: Tuesday, March 08, 2011 4:25 PM To: Stromberg, Stacy Subject: RE: Roadway Construction So, for clarity purposes, this was merely an informative e-mail not requiring to us to make a choice right now? If so .............I totally misunderstood! O Scott Dahlberg Purchasing Specialist � Auer Steel & Heating Supply Co. Direct:763.450.9211 � Fax:763.971.2920 From: Stromberg, Stacy [mailto:StrombergS@ci.fridley.mn.us] Sent: Tuesday, March 08, 2011 4:21 PM To: Scott Dahlberg Subject: RE: Roadway Construction Yes, it would occur at time of development. I highlighted that below. Stacy Strom6erg Planner City of Fridley 6431 University Avenue NE Fridley, Minnesota 55432 strombergs� ci.fridley.mn.us Phone: 763.572.3595 Fax: 763-571-12877 www.ci.fridle�.mn.us _ _ _ _ _ ___ _ _ _ _ _ __ _ _ _ _ _ __ _ _ ___ _ . _ _ _ _ __. From: Scott Dahlberg [mailto:scott.dahlberg@auersteel.com] Sent: Tuesday, March 08, 2011 4:19 PM To: Stromberg, Stacy Cc: Scott Dahiberg Subject: RE: Roadway Construction Please review and let me know which option you would prefer. Hi Stncy, My take from our meeting was this was not required as a decision until the actual development of the lot came to fruition. Since we will most likely be selling the lot to a 3'� party at a later date not yet determined, this decision would be up to them, to construct the roadway conducive to their development plans—correct? Scott Dahlberg Purchasing Specialist Direct: 763.450.9Z11 Auer Steel & Heating Supply Co. Fax: 763.971.2920 From: Stromberg, Stacy [mailto:StrombergS@ci.fridley.mn.us] Sent: Tuesday, March 08, Z011 4:15 PM To: Scott Dahlberg Subject: Roadway Construction Hi Scott, We had a chance to review your vacation request this morning and determined that the below two options would be acceptable for the construction of the access road to your property. Please review and let me know which option you would prefer. Remember this is after a preliminary review, additional requirements may be required. Options for 55th Avenue Vacation Roadway Construction: __ _ . _ ... . ..........._.........._...... _ _ _ _ _ ... ......... �"a be �nsta�l;ed at �i�� rf li�t c�eu�[op��rt: • Install a public road with an off-set cul-de-sac to the property that complies with Engineering and Fire Code regulations. Stipulations on this option: o Private Hydrant installation o Address to be changed to 7th Street, with proper signage visible from 7`h Street for emergency purposes o Curb cut will be required to allow access for the lot at 5480 7`h Street (billboard lot) Install a private driveway through a license agreement, to the parcel that will have curb, gutter, and any other regulations set forth by the Engineering department. Stipulations on this option: o Code compliant Fire access to allow proper turnaround o Private Hydrant installation o Driveway to be 24 ft. wide o Address to be changed to 7`h Street, with proper signage visible from 7th Street for emergency purposes o Curb cut will be required to allow access for the lot at 5480 7th Street (billboard lot) Stacy Strom6erg Planner City of Fridley 6431 University Avenue NE Fridley, Minnesota 55432 strombergs@ci.fridley.mn.us Phone: 763.572.3595 Fax: 763-571-12877 www. c i. fri d 1 ey. m n. u s Stromberg, Stacy From: Kirchner, Jim (DO� [jim.kirchnercLDstate.mn.us] Sent: Monday, April 11, 2011 6:37 AM To: Scott Dahlberg Cc: Stromberg, Stacy; randy�kurthsurveyinginc.com Subject: RE: Commissioner's Order - 55th Ave. Fridley Scott, I work part time. Sorry I missed your email. At any rate, proceed with the vacation. Typically, the city will send a notification to abutting owner(s) for comments. Whether that happens or not, Mn/DOT has no issues with this proposed vacation. If anyone has any questions or comments, feel free to contact me. Thank you. Jim Kirchner Mn/DOT— Metro District R/W Section 651-Z34-7574 From: Scott Dahlberg fmailto:scott.dahlbergCa�auersteel.com] Sent: Friday, April 08, 2011 3:45 PM To: Kirchner, Jim (DOT) Cc: Randy; Scott Dahlberg Subject: Commissioner's Order - 55th Ave. Fridley Hi Jim, Either you are on vacation, or did not get this the first time around. At any rate, I seem to recall Release No. 120 relinquishes MN/DOTs interest in 55th Ave in Fridley, and I also believe you told me on the phone you did not need to "sign off" on anything as long as Mr. Kurth was able to sketch a plat of the new property to the City's satisfaction. We hqve done this, so could you send Stacey (strombergsC�ci.fridley.mn.us) a correspondence saying MN/�OT does not have to "sign off" on my Vacntion Application and copy Randy and myself? Thank you very much for your help! Scott Dahlberg Cel I 612-275-2258 Work 612-450-9211 ......................................................................... From: Scott Dahlberg Sent: Wednesday, April 06, 2011 2:41 PM To: jim.kirchner(a�state.mn.us Cc: Randy; Scott Dahlberg Subject: FW: Commissioner's Order - 55th Ave. Fridley Hi Jim, I have a City of Fridley Planning Commission meeting on April 20t" nt 7pm. I already received notice thut my Vacation Application was "complete," but now the City (Stacy Stromberg) is wondering if MN/DOT needs to "sign off" on my application. City of Fridley Land Use Application SAV #11-01 April 20, 2011 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Scott Dahlberg 3933 Fordham Drive NE St. Anthonv MN 55421 Requested Action: Vacate a portion of unimproved 55tn Avenue (platted as 3�d Street) Location: 5455 6th Street (vacant parcel) Existing Zoning: C-2, General Business Size: 19,200 sq. ft. .44 acres Existing Land Use: Vacant lot Surrounding Land Use & Zoning: N: Interstate 694 & ROW E: Billboard lot & C-2 S: Apartment Bldg. & R-3 W: Apartment Bldg. & R-3 Comprehensive Plan Conformance: Future Land Use Map designates this area as Redevelopment. Zoning History of 5455 6th Street: 1951— Building permit issued for a basement. Sept. 1967 — Building condemned by the City. Nov. 1967 — Building removed. Lot has remained vacant since 1967. Legal Description of Property: Lots 28 thru 30, inclusive Block 9, Hamilton's Addition to Mechanicsville, Anoka County, Minnesota. Together with the west half of adjacent alley and also together with the east half of vacated 6`n Street. Public Utilities: Utilities available in 7`h Street. Transportation: The lot can be accessed off of 7`h Street. Physical Characteristics: Vacant, grass covered lot. SUMMARY OF REQUEST The petitioner, Scott Dahlberg, is seeking to vacate an unimproved portion of 55`h Avenue, which is located north of the property he owns at 5455 6`n Street. Vacating this unimproved street right-of- way, will provide the petitioner's lot the additional land area required in order to make the lot buildable. SUMMARY OF ANALYSIS City Staff recommends approval of the vacation, Area proposed to be vacated crosshatched above Council Action / 60 Day Date City Council— May 9, 2011 60 Day Date — May 16, 2011 60 Day Extension Date —July 14, 2011 Staff Report Prepared by: Stacy Stromberg SAV #11-01 VACATION REQUEST The petitioner, Mr. Dahlberg is seeking to vacate a unimproved portion of 55"' Avenue, which is Iocated north of the vacant property at 5545 6`h Street. Vacating this unimproved right-of-way will give the petitioner the additional land area required to make the lot buildable. HISTORY In 1972, there was a vacation request submitted to vacate 55`h Avenue, north of the apartment building located at 5451 5`h Street, which is directly west of the property at 5455 6`h Street. That vacation request was denied because at the time the �,. �, ,,�� .�._.,��,�� ..�., City's Public Works staff didn't recommend ""'''��,�,,,�,w,,,,�� "----=�----_...r.�_� �""' the vacation in case 55t� Avenue were to be �,�,�� .��-��°°��;�.r,��.�u ��'� utilized again. In 2001, a vacation request � �� "�'�� '� �` ��°�� ""'�'""" � was submitted by the owners of the � A��'��i��' �� '��'�� ° � Y a.� e_ 6 �� apartment building at 5451 5"' Street. Public �u� � Works staff determined at that time there �,�>�>;>; ,>�>,>;>`,`> $�, ��. 7 was no lon er a need to kee the ri ht-of- �� ` � ��v� i�� g p g �� u� way and as a result the vacation was �� ' �� 3� � � � ��= 5ass � �� saeo ^ approved. �. . �,�. '`� .m.:. �.�'� `�' ',�;�, > � .. "s.:�,: ANALYSIS The petitioner is seeking to vacate an unimproved portion of 55`h Avenue NE, north of the property he owns at 5455 6th Street. His property is currently 19,200 sq. ft. in size, which is 800 sq. ft. short of ineeting the minimum lot size requirements for the C-2, General Business zoning district regulations. Vacating this right-of-way, would give the petitioner an additional 30 ft. by 166 ft. (4,900 sq. ft) section of land, which would then increase the size of the lot to 24,100 sq. ft., therefore meeting the minimum lot size requirement of 20,000 sq. ft. The area proposed to be vacated is shown in the crosshatched area in the above aerial and is also in the attached survey. As stated above, the petitioner would gain a 30 ft. by 166 ft. strip of land and the remaining portion of the vacated 55th Avenue would be turned back to the City. Although the petitioner doesn't have plans to develop the property at this time, he's seeking this request now so it's ready in the event that he's approached by a potential buyer or developer. In order to service this newly created property, staff has drafted a stipulation based on direction from the City's Engineering department to either install a private driveway or a public road from 7`h Street. At which time the property is developed, it will be the developer's choice as to how to access the site. In the case of the 2001 vacation of 55`h Avenue, the City required that the northerly 5 ft. of the vacated street be dedicated back to the City as an easement because there is a water main located directly north of that property, and the City needed the easement for access purposes. The petitioner's surveyor is currently locating the placement of that water main and how it may impact this vacation request. As a result, an additional stipulation may be added to this vacation request, once the surveyor has provided the necessary information to the City on placement of the water main. The City will have that information by the time this request goes before the City Council. STAFF RECOMMENDATION City staff recommends approval of the street vacation request, with a stipulation. STIPULATIONS City staff recommends if the street vacation is approved, the following stipulation be attached. 1. Access to 5455 6th Street shall be through one of the following options, to be determined at which time the lot is developed and constructed prior to issuance of the certificate of occupancy: a. Install a public road with an off-set cul-de-sac to the property that complies with Engineering and Fire Code regulations. Conditions on this option: i. Private Hydrant installation ii. Address to be changed to 7`h Street, with proper signage visible from 7th Street for emergency purposes iii. Curb cut will be required to allow access for the lot at 5480 7`h Street (billboard lot) iv. Water, sewer, and stormwater connection fees shall be paid by owner/developer prior to issuance of a building permit. Install a private driveway through a license agreement prepared by the City, to the parcel that complies with Engineering and Fire code regulations. Conditions on this option: i. Code compliant Fire access to allow proper turnaround ii. Private Hydrant installation iii. Driveway to be 24 ft. wide iv. Address to be changed to 7th Street, with proper signage visible from 7th Street for emergency purposes v. Curb cut will be required to allow access for the lot at 5480 7th Street (billboard lot) vi. Water, sewer, and stormwater connection fees shall be paid by owner/developer prior to issuance of a building permit. PLANNING COMMISSION MEETING April 20, 2011 Chairperson Kondrick called the Planning Commission Meeting to order at 7:00 p.m. MEMBERS PRESENT: Leroy Oquist, David Kondrick, Jack Velin, Brad Dunham, Dean Saba, Brad Sielaff, and Tim Solberg OTHERS PRESENT: Stacy Stromberg, Planner Approval of Minutes: January 19, 201 1 MOTION by Commissioner Saba to approve the minutes as presented. Seconded by Commissioner Oquist. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING Consideration of a Public Hearing for a Vacation, SAV #11-01, by Scott llahlberg, to vacate a portion of unimproved 55�h Avenue NE, (Platted as 3�d Street) in order to acyuire additional land area to make a code compliant buildable lot, generally located north of the vacant lot at 5455 — 6`h Street, which is south of Interstate 694 and west of 7`h Street. MOTION by Commissioner Oquist to open the public hearing. Seconded by Commissioner Sielaff. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED AT 7:02 P.M. Stacy Stromberg, Planner, stated the petitioner, Mr. Dahlberg, is seeking to vacate an unimproved portion of 55`h Avenue, which is located north of the vacant properly at 5545 6`h Street. Vacating this unimproved right-of-way will give the petitioner the additional land area required to make the lot buildable. Ms. Stromberg stated in 1972 there was a vacation request submitted to vacate SSth Avenue, north of the apartment building located at 5451 5`�' Street, which is directly west of the property at 5455 6`h Street. That vacation request was denied because at the time the City's Public Works staff didn't recommend the vacation in case 55`�' Avenue were to be utilized again. In 2001, a vacation request was submitted by the owners of the apartment building at 5451 5`h Street. Public Works staff determined at that time there was no longer a need to keep the right-of-way and as a result the vacation was approved. Ms. Stromberg stated the petitioner is seeking to vacate an unimproved portion of 55`h Avenue NE, north of the property he owns at 5455 6`h Street. His property is currently 19,200 square feet in size, which is 800 sq. ft. short of ineeting the minimum lot size requirements for the C-2, General Business zoning district regulations. Vacating this right-of-way, would give the petitioner an additional 30 feet by 166 feet (4,900 square feet) section of land, which would then increase the size of the lot to 24,100 square feet, therefore, meeting the minimum lot size requirement of 20,000 square feet. Ms. Stromberg stated the area proposed to be vacated is shown in the crosshatched area in the above aerial and is also in the attached survey. As stated above, the petitioner would gain a 30 feet by 166 feet strip of land and the remaining portion of the vacated 55`h Avenue would be turned back to the City. Ms. Stromberg stated although the petitioner doesn't have plans to develop the property at this time, he's seeking this request now so it's ready in the event that he's approached by a potential buyer or developer. In order to service this newly created property, staff has drafted a stipulation based on direction from the City's Engineering department to either install a private driveway or a public road from 7`h Street. At which time the property is developed, it will be the developer's choice as to how to access the site. Ms. Stromberg stated in the case of the 2001 vacation of 55`h Avenue, the City required that the northerly 5 feet of the vacated street be dedicated back to the City as an easement because there is a water main located directly north of that property, and the City needed the easement for access purposes. The petitioner's surveyor is currently locating the placement of that water main and how it may impact this vacation request. As a result, an additional stipulation may be added to this vacation request, once the surveyor has provided the necessary information to the City on placement of the water main. The City will have that information by the time this request goes before the City Council. Ms. Stromberg stated City staff recommends approval of the street vacation request, with a stipulation. City staff recommends if the street vacation is approved, the following stipulation be attached: Access to 5455 6`h Street shall be through one of the following options, to be determined at which time the lot is developed and constructed prior to issuance of the certificate of occupancy: a. Install a public road with an off-set cul-de-sac to the property that complies with Engineering and Fire Code regulations. Conditions on this option: i. Private Hydrant installation ii. Address to be changed to 7`h Street, with proper signage visible from 7`h Street for emergency purposes iii. Curb cut will be required to allow access for the lot at 5480 7`h Street (billboard lot) iv. Water, sewer, and stormwater connection fees shall be paid by owner/developer prior to issuance of a building permit. b. Install a private driveway through a license agreement prepared by the City, to the parcel that complies with Engineering and Fire code regulations. Conditions on this option: i. Code compliant Fire access to allow proper turnaround ii. Private Hydrant installation iii. Driveway to be 24 ft. wide iv. Address to be changed to 7`h Street, with proper signage visible from 7`h Street for emergency purposes v. Curb cut will be required to allow access for the lot at 5480 7`h Street (billboard lot) vi. Water, sewer, and stormwater connection fees shall be paid by owner/developer prior to issuance of a building permit. Chairperson Kondrick stated depending upon how the property develops, in the second choice, does that mean that he has to pay for a driveway, the full length from 7`h Street to his properiy? With both options he has to pay for the street or driveway to be done, correct? Ms. Stromberg replied, yes. The first option is to install a code-compliant street, construction of the street, curb/gutter, everything you would see on a normal city street. The second option is to do a private 2 driveway instead. It will still need to be curbed and guttered, and there would have to be a turn around access point for fire truck access, but it would be a private driveway instead of a public road. Commissioner Oquist asked what is the status of the property to the east of the petitioner's properly? Ms. Stromberg explained there is already a dirt road that exists from 7`h Street leading to the petitioner's property. This dirt road is 55`h Avenue and a portion of is being asked to be vacated. She showed on an aerial where the street or private driveway would go in to access the site. The lot east of the petitioner's property is a billboard lot at 6480 7`h Street, which is owned by Clear Channel and is vacant other than the billboard. Commissioner Oquist asked who owns the road, the City? Ms. Stromberg replied, yes. Commissioner Kondrick asked, they are not asking the petitioner to pave, improve the road from Seventh Street all the way to the west of their property, are they? Are they just talking about improving the road on the property from 7`h Street to the east edge of the petitioner's property? Ms. Stromberg replied, correct Commissioner Dunham asked is 5480 7`h Street is completely unbuildable? Even if you were to vacate the right-of-way? Ms. Stromberg replied it is zoned C-2 and which has a minimum lot size of 20,000 square feet; therefore, she believes it would be under. Commissioner Oquist asked if the property at 5480 7`h Street pursued a vacation it would really land locks the property wouldn't it? Ms. Stromberg replied, it would; and it would be a matter between the petitioner and Clear Channel to work out some kind of access agreement to their lot. Commissioner Dunham asked how would 5455 6`h Street become landlocked if that would happen? Was it part of 5460 7`h Street at one time? Ms. Stromberg replied, no. It has always been its own parcel. It would become landlocked only if the remainder of 55`h Avenue was vacated. Because the portion of 55`h Avenue not of the parcel at 5480 7`h Street is not being vacated, it provides right-of-way access to the petitioner's property. Commissioner Kondrick asked Ms. Stromberg whether staff has received any correspondence or phone calls from those who were sent letters? Ms. Stromberg replied, staff did receive an inquiry from the owner of the apartment building to the west just out of curiosity. Commissioner Velin asked, what is a private hydrant installation? Ms. Stromberg replied, the developer would need to install a hydrant. Commissioner Velin asked, would the City put that in? The petitioner would have to pay for a hydrant? Ms. Stromberg replied, yes, the developer would have to pay for the hydrant. Lots of businesses have private hydrants. Commissioner Sielaff asked, the petitioner would have a driveway on his properiy that he does not own? Ms. Stromberg replied, correct because the driveway would be in the public right-of-way. Commissioner Sielaff asked, how is that dealt with? Ms. Stromberg replied, it is through a license agreement with the City, the agreement is drafted by the City's engineering department. Commissioner Sielaff asked theoretically if they put a driveway and license it from the City it is likely that the City would vacant the rest of 55`h Avenue. Ms. Stromberg replied, it is likely that the City would not vacate it then. Commissioner Dunham asked if 5480 7`h Street could ever be a buildable? iVis. Stromberg replied, that is something that she would need to analyze. She is not sure if it would have enough land area even with the road being vacated. She woutd hav� to determine the square footage of the lot at 5480 7`h Street and then add it with the road and see if there would be enough land area to make it buildable. Commissioner Kondrick asked the petitioner whether all of the conditions are agreeable? Scott Dahlberg, petitioner, replied he has been working with Ms. Stromberg for quite some time. It has been very smooth, very clear process. Commissioner Kondrick stated he realizes it depends on what is built there as far as how he does the road. Mr. Dahlberg replied, absolutely, and he is glad these stipulations are up front, too, because it will be something they will talk about in the purchase agreement. He wants there to be full disclosure. Commissioner Kondrick asked Mr. Dahlberg whether the fire hydrant, possible cul de sac, etc. are all okay with him? Mr. Dahlberg replied, absolutely. Commissioner Oquist asked Mr. Dahlberg, if he currently has plans for the property and is he just being proactive? Mr. Dahiberg replied, he is being proactive but he thinks they will end up selling it because the taxes have been rising quite steadily. He will probably be selling it more in the near future. Commissioner Sietaff asked, what happens when he changes ownership? Ms. Stromberg replied, the license agreement will be put into place at the time the lot is developed. The stipulation will always stay with the land. Therefore, anyone who comes in to develop it will need to � meet one of the two stipulations. If a developer develops it and then chooses a private contract agreement with the City that agreement would be transferable if the lot or the business was sold. Commissioner Sielaff asked whether they pay some sort of annual fee for the license? Ms. Stromberg rep(ied, she is not sure. The license agreement is drafted by the Engineering Department. It is something they have done in the past and is not something new. She is unsure whether it is an annual or one-time fee. MOTION by Commissioner Saba to close the public hearing. Seconded by Commissioner Oquist. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 7:22 P.M. Chairperson Kondrick stated he has no problem with this. He has driven by there. He thinks it gives the petitioner the option one way or the other depending on who buys it, and the buyer can go whichever way he wants to go. The street dead-ends anyways. MOTION by Commissioner Oquist approving Vacation, SAV #11-01, by Scott Dahlberg, to vacate a portion of unimproved 55`h Avenue NE, (Platted as 3`d Street) in order to acquire additional land area to make a code compliant buildable lot, generally located north of the vacant lot at 5455 — 6`h Street, which is south of Interstate 694 and west of 7`h Street with the following stipulation: 1. Access to 5455 6`h Street shall be through one of the following options, to be determined at which time the lot is developed and constructed prior to issuance of the certificate of occupancy: a. Install a public road with an off-set cul-de-sac to the properiy that complies with Engineering and Fire Code regulations. Conditions on this option: i. Private Hydrant installation ii. Address to be changed to 7`h Street, with proper signage visible from 7`h Street for emergency purposes iii. Curb cut will be required to allow access for the lot at 5480 7`h Street (billboard lot) iv. Water, sewer, and stormwater connection fees shall be paid by owner/developer prior to issuance of a building permit. b. Install a private driveway through a license agreement prepared by the City, to the parcel that complies with Engineering and Fire code regulations. Conditions on this option: i. Code compliant Fire access to allow proper turnaround ii. Private Hydrant installation iii. Driveway to be 24 ft. wide iv. Address to be changed to 7`h Street, with proper signage visible from 7`h Street for emergency purposes v. Curb cut will be required to allow access for the lot at 5480 7`h Street (billboard lot) vi. Water, sewer, and stormwater connection fees shall be paid by owner/developer prior to issuance of a building permit. Seconded by Commissioner Saba. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. ..f- ��-�� -,�` o� ��-r� ��R��T (55�'K �-��=.`�a,�-7 CERT I F I CATE OF SURVEY -- lME�SUREMENTS SHOWN 1N FEE� AND DECIM�LS OF �1 FOOT1 � � J '� � �.--� � � ( ' -�-� - �. � � Y � � �� _ 1�t� O � 3� Y�CEV '�+ -_ k y �C�l�. � � �� . R X4M��TC, LIN� �F M�l�p � R/ � . � � z - - - �— � ��►A� � � __ � _. 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NE. ca�w r�r+rs, 1�1d 55421 � MA1L: KURTHSUR�YAAOL.�OM7�2 DATE �T�� Z `.� a O7 O = IRON MONUMENT S�� ` ��CC�D�1rC�NS1�� ( 1�1�.T �,"�- ) = M.�.A�.�U �.C� ]�1�TPd�� 1,.. d T s �`� '� k 2.� 3 b,1►.�c.u�S1vC-_ ��c �„ g, >i-��.�> �-�oNs ;�i�rn a�.t, `ro t�tCc��1 >CSV � u� � A��•1oK� �O� � y �INIyC60`1"A�,• . Toc.-� c�'� l �.rt. tiut�' �� c- W�`i' � ALF lJ� ��'AC:�.�4T � �-Ci�t-\C CA.sT'l�-�P�1� �r o �c`�a � � rrt� OF" V �c-1��'D (�'t� s`s�'Gc-T • q S l_ L= C CR.'TI F 1 G!�`T� b� TITI-C- �`1-fl '��"� J PROPOSED LEGAL DESCRIPTION FOR THE VACATION OF 55TH AVENl1E N.E. -All that part oP 3rd Street (now known as 55th Avenue NE) lying easterlY of the northerly extension of the centerltne of Dayton Avenue (now known as 6th Street NE) and lying westerly of the northerly extension of the Centerltne of the Alley in Block 9, HAMILTON'S ADDITION l'0 MECHANICSVILLE, Anoka County, Minnesota. Reserving and sub ject to an easement for utility urposes over the north 20.0 feet of the south j�0.0 feet thereof and over the south 30 feet lying between the northerly extensions of the centerline and the east line of Dayton Avenue (6th Street �JE). ARL A 0RL �`e, pc� �e�i N S p'��c�. PP,@ct=L� �°��200,- SC�.CS. �,a' yq�a�a� = �,°`�, + �. �-T. �-- . N.c �c �'c��c.L� - �� y�� i�. �'�'. F 0 R Sco� �-�-��E� I HEREBY CERTIFY THAT THIS SURVEY. PLAN OR REPORT WAS PREPARED BY ME OR UNDER �IY PERVISION AND THAT.I AN A DUCY LICE SED LAND 5U ER —�H TE OF A1 NNES Randy L. Kur L. S. No. 20270 Russell J. Kurt ...S. No. 16113 � Ol !AT r.�i t�� c � � � C1TY OF FRIDLEY Date To AGENDA ITEM CITY COUNCIL MEETING OF MAY 9, 2011 May 3, 2011 William Burns, City Manager�c� From: Scott Hickok, Community Development Director Julie Jones, Planning Manager Stacy Stromberg, Planner Subject: Resolution Approving Vacation Request, SAV #11-01, Dahlberg ANALYSIS The petitioner, Mr. Dahlberg is seeking to vacate an unimproved portion of 55`h Avenue, which is located north of the vacant property at 5545 6`h Street. Vacating this unimproved right-of-way will give the petitioner the additional land area =-�__.....�; _ �+ h,;>.r.,ryr �:�. required to make the lot buildable. � �� -`--�-�.�.:�,�� r., , The petitioner's property is currently 19,200 sq. ft. in size, which is 800 sq. ft. short of meeting the minimum lot size requirements for the C-2, General Business zoning district regulations. Vacating this right-of-way, would give the petitioner an additional 30 ft. by 166 ft. (4,900 sq. ft) section of land, which would then increase the size of the lot to 24,100 sq. ft., therefore meeting the minimum lot size requirement of 20,000 sq. ft. Although the petitioner doesn't have plans to develop the property at this time, he's seeking this request now so it's ready in the event that he's approached by a potential buyer or developer. In order to service this newly created property, staff has drafted a stipulation based on direction from the City's Engineering department to either install a private driveway or a public road from 7'h Street. At which time the property is developed, it will be the developer's choice as to how to access the site. 36 PLANNING COMMISSION RECOMMENDATION The Planning Commission reviewed the proposed vacation request at their April 20, 2011 Planning Commission meeting. After a brief discussion, the Commission recommended approval. THE MOTION CARRIED UNAMIOUSLY. Since the Planning Commission meeting, the petitioner's surveyor located the placement of that water main on this site. As a result, an additional stipulation has been drafted to require that the petitioner file the necessary utility easements at the County to provide the City with the access needed to service the utilities. STAFF RECOMMENDATION City Staff recommends approval of the attached resolution exhibit for SAV #11-01. STIPULATIONS 1. Access to 5455 6`h Street shall be through one of the following options, to be determined at which time the lot is developed and constructed prior to issuance of the certificate of occupancy: a. Install a public road with an off-set cul-de-sac to the property that complies with Engineering and Fire Code regulations. Conditions on this option: i. Private Hydrant installation ii. Address to be changed to 7"' Street, with proper signage visible from 7"' Street for emergency purposes iii. Curb cut will be required to allow access for the lot at 5480 7`h Street (billboard lot) iv. Water, sewer, and storm water connection fees shall be paid by owner/developer prior to issuance of a building permit. b. Install a private driveway through a license agreement prepared by the City, to the parcel that complies with Engineering and Fire code regulations. Conditions on this option: i. Code compliant Fire access to allow proper turnaround ii. Private Hydrant installation iii. Driveway to be 24 ft. wide iv. Address to be chanqed to 7`h Street, with proper signage visible from 7"' Street for emergency purposes v. Curb cut will be required to allow access for the lot at 5480 7`h Street (billboard lot) vi. Warer, sewer, and storm water connection fees shall be paid by owner/developer prior to issuance of a building permit. 2. The petitioner shall file utility easements at Anoka County that are depicted; on the Certificate of Survey from Kurth Surveying, with the revised date of 4/29/11. 37 City of Fridley Land Use Application SAV #11-01 April 20, 2011 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Scott Dahlberg 3933 Fordham Drive NE St. Anthony MN 55421 Requested Action: Vacate a portion of unimproved 55tn Avenue (platted as 3`d Street) Location: 5455 6`h Street (vacant parcel Existing Zoning: C-2, General Business Size: 19,200 sq. ft. .44 acres Existing Land Use: Vacant lot Surrounding Land Use & Zoning: N: Interstate 694 & ROW E: Billboard lot & C-2 S: Apartment Bldg. & R-3 W: Apartment Bld�. & R-3 Comprehensive Plan Conformance: Future Land Use Map designates this area as Redevelopment. Zoning History of 5455 6th Street: 1951— Building permit issued for a basement. Sept. 1967 — Building condemned by the City. Nov. 1967 — Building removed. Lot has remained vacant since 1967. Legal Description of Property: Lots 28 thru 30, inclusive Block 9, Hamilton's Addition to Mechanicsville, Anoka County, Minnesota. Together with the west half of adjacent alley and also together with the east half of vacated 6`n Street. Public Utilities: Utilities available in 7`h Street. Transportation: The lot can be accessed off of 7`h Street. Physical Characteristics: Vacant, grass covered lot. : SUMMARY OF REQUEST The petitioner, Scott Dahlberg, is seeking to vacate an unimproved portion of 55`h Avenue, which is located north of the property he owns at 5455 6`n Street. Vacating this unimproved street right-of- way, will provide the petitioner's lot the additional land area required in order to make the lot buildable. SUMMARY OF ANALYSIS City Staff recommends approval of the vacation, Area proposed to be vacated crosshatched above Council Action / 60 Day Date City Council— May 9, 2011 60 Day Date — May 16, 2011 60 Day Extension Date—July 14, 2011 Staff Report Prepared by: Stacy Stromberg SAV #11-01 VACATION REQUEST The petitioner, Mr. Dahlberg is seeking to vacate an unimproved portion of 55`h Avenue, which is located north of the vacant property at 5545 6th Street. Vacating this unimproved right-of-way will give the petitioner the additional land area required to make the lot buildable. HISTORY In 1972, there was a vacation request submitted to vacate 55`h Avenue, north of the apartment building located at 5451 5`h Street, which is directly west of the property at 5455 6`h Street. That vacation request was denied because at the time the ,��„�,�,��,�,, �., �..,,,,,,,�,,�h�,;� �, � City's Public Works staff didn't recommend the vacation in case 55`h Avenue were to be utilized again. In 2001, a vacation request was submitted by the owners of the apartment building at 5451 5th Street. Public Works staff determined at that time there was no longer a need to keep the right-of- way and as a result the vacation was approved. ANALYSIS The petitioner is seeking to vacate an unimproved portion of 55`h Avenue NE, north of the property he owns at 5455 6`h Street. His property is currently 19,200 sq. ft. in size, which is 800 sq. ft. short of ineeting the minimum lot size requirements for the C-2, General Business zoning district regulations. Vacating this right-of-way, would give the petitioner an additional 30 ft. by 166 ft. (4,900 sq. ft) section of land, which would then increase the size of the lot to 24,100 sq. ft., therefore meeting the minimum lot size requirement of 20,000 sq. ft. The area proposed to be vacated is shown in the crosshatched area in the above aerial and is also in the attached survey. As stated above, the petitioner would gain a 30 ft. by 166 ft. strip of land and the remaining portion of the vacated 55`h Avenue would be turned back to the City. Although the petitioner doesn't have plans to develop the property at this time, he's seeking this request now so it's ready in the event that he's approached by a potential buyer or developer. In order to service this newly created property, staff has drafted a stipulation based on direction from the City's Engineering department to either install a private driveway or a public road from 7"' Street. At which time the property is developed, it will be the developer's choice as to how to access the site. In the case of the 2001 vacation of 55`h Avenue, the City required that the northerly S ft. of the vacated street be dedicated back to the City as an easement because there is a water main located directly north of that property, and the City needed the easement for access purposes. The petitioner's surveyor is currently locating the placement of that water main and how it may impact this vacation request. As a result, an additional stipulation may be added to this vacation request, once the surveyor has provided 39 the necessary information to the City on placement of the water main. The City will have that information by the time this request goes before the City Council. STAFF RECOMMENDATION City staff recommends approval of the street vacation request, with a stipulation. STIPULATIONS City staff recommends if the street vacation is approved, the following stipulation be attached. 1. Access to 5455 6"' Street shall be through one of the following options, to be determined at which time the lot is developed and constructed prior to issuance of the certificate of occupancy: a. Install a public road with an off-set cul-de-sac to the property that complies with Engineering and Fire Code regulations. Conditions on this option: i. Private Hydrant installation ii. Address to be changed to 7`h Street, with proper signage visible from 7`h Street for emergency purposes iii. Curb cut will be required to allow access for the lot at 5480 7"' Street (billboard lot) iv. Water, sewer, and stormwater connection fees shall be paid by owner/developer prior to issuance of a building permit. Install a private driveway through a license agreement prepared by the City, to the parcel that complies with Engineering and Fire code regulations. Conditions on this option: i. Code compliant Fire access to allow proper turnaround ii. Private Hydrant installation iii. Driveway to be 24 ft. wide iv. Address to be changed to 7`h Street, with proper signage visib/e from 7`h Street for emergency purposes v. Curb cut will be required io allow access for the /ot at 5480 7`h Street (billboard lor) vi. Water, sewer, and storm water connection fees shall be paid by owner/developer prior to issuance of a building permit. 2. The petitioner shall file utility easements at Anoka County that are depicted; on the Certificate of Survey from Kurth Surveying, with the revised date of 4/29/11. .� RESOLUTION NO. RESOLUTION TO VACATE A PORTION OF SSTH AVENUE, WHICH WAS PLATTED AS 3� STREET, GENERALLY LOCATED WEST OF 7TH STREET NE & NORTH OF THE PARCEL ADDRESSED AS 5455 6TH STREET NE, PETITIONED BY THE PROPERTY OWNER, SCOTT DAHLBERG. WHEREAS, this portion of 55�' Avenue is an unimproved right-of-way and is not used by the general public; and WHEREAS, all possible connections to this portion of 55�' Avenue have been previously vacated; and WHEREAS, City Public Works Staff indicates that there is no longer a reason to keep this unimproved right-of-way; and WHEREAS, the northerly 20 feet of the southerly vacated 30 feet of 55�' Avenue and an additiona130 feet north of the vacated 6�' Street will be dedicated to the City as a utility easement; and WHEREAS, a public hearing was held on this matter by the Planning Commission on April 20, 2011 and the City Council on May 9, 2011. WHEREAS, the petitioner, Scott Dahlberg, was presented with E�ibit A, the stipulations, which will be required for compliance, for SAV #11-01, at the May 9, 2011 City Council meeting; NOW, THEREFORE, BE IT RESOLVED that the City of Fridley vacate the following: All that part of 3rd Street (now known as 55`h Avenue NE) lying easterly of � the northerly extension of the centerline of Dayton Avenue (now known as 6`" Street NE) and lying westerly of the northerly extension of the centerline of the Alley in Block 9, Hamilton's Addition to Mechanicsville, Anoka County, Minnesota. Reserving and subject to an easement for utility purposes over the north 20.0 feet of the south 30.0 feet thereof and over the south 30 feet lying between the northerly extensions of the centerline and the east line of Dayton Avenue (6`" Street NE). PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 9TH DAY OF MAY, 2011. SCOTT J. LUND - MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK 41 EXHIBIT A SAV #11-01 Vacation Request for Scott Dahlberg Stipulations 1. Access to 5455 6`h Street shall be through one of the following options, to be determined at which time the lot is developed and constructed prior to issuance of the certificate of occupancy: a. Install a public road with an off-set cul-de-sac to the property that complies with Engineering and Fire Code regulations. Conditions on this option: i. Private Hydrant installation ii. Address to be changed to 7`h Street, with proper signage visible from 7`" Street for emergency purposes iii. Curb cut will be required to allow access for the lot at 5480 7`n Street (billboard lot) iv. Water, sewer, and stormwater connection fees shall be paid by owner/developer prior to issuance of a building permit. b. Install a private driveway through a license agreement prepared by the City, to the parcel that complies with Engineering and Fire code regulations. Conditions on this option: i. Code compliant Fire access to allow proper turnaround ii. Private Hydrant installation iii. Driveway to be 24 ft. wide iv. Address to be changed to 7`" Street, with proper signage visible from 7�h Street for emergency purposes v. Curb cut will be required to allow access for the lot at 5480 7`h Street (billboard lot) vi. Water, sewer, and stormwater connection fees shall be paid by owner/developer prior to issuance of a building permit. 2. The petitioner shall file utility easements at Anoka County that are depicted; on the Certificate of Survey from Kurth Surveying, with the revised date of 4/29/11. 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Lo� S -La -�-k2v 3�,�rJCws�v- �,�� oj, }��r�� -coNs d..DDrna�.1 `T o MEc�.�.0 �CSV t uL- � AUOKA Cp , y I�l�Ntycso'7A • To�c�'�l��w�Y��t'�G WEST �tA�F UF A�Sac�.�T �+�c�< /�ND .�sa YOEaCT1�CR,�n(1Tt� �T�C eP.sTl-�A�' 0'F V�cP�TE'D (�`� s-c�c-T_ S�� F�u�,-r� o�-n��.LO� ti�-�9 PROPOSED LEGAL DESCRIPTION FOR THE VACATION OF 55TH AVENUE N.E. �All that Part of 3rd Street (now known as 55th Avenue NE)lying easterly of the northerly extension of the centerline of Dayton Avenue (now known as bth Street NE) and lying westerly oF the northerly extension of the centerline of the Alley in Block 9, HAMILTON'S ADDITION TO MECHANICSVILLE, Anoka County, Mlnnesota. Reserving and subJect to an easement for utility urposes over the north 20.0 feet of the south j�0.0 feet thereof and over the south 30 feet lyfng between the northerly extensions of the centerllne and the east llne of Dayton Avenue (6th Street NE). ARCA BR��powNS pR�(,i. PAecLL� \°`�'200,- SCa.�'T. 3d VA�AT0�1 = '-1 cloo +'�[�., ��c, Nc,� �aR��L= 2��S�.F�. F 0 R Sco`� �-��gE� I HEREBY CERTIFY 7}iAT THIS SURVEY. PLAN OR REPOpT WAS PREPARED-BY ME OR UNDEN NY PERVISION A!A THAT J A4 A WLY IICENSED LAND SU ER TE OF IA NNE Randy L. Kur ' L S. o. 20270 Russell J. Kurt . .S. No. 161i3 � q.T rr.� rr.0 i RESOLUTION NO. 2011-23 RESOLUTION TO VACATE A PORTION OF 55� AVENUE, WHICH WAS PLATTED AS 3� STREET, GENERALLY LOCATED WEST OF 7TH S'TREET NE & NORTH OF THE PARCEL ADDRESSED AT 5455 6TH STREET NE, PETTTIONED BY TH E PROPERTY OWNER, SCOTT DAHLBERG. WHEREAS, this portion of 55�' Avenue is an unimproved right-of-way and is not used by the general public; and WHEREAS, all possible connections to this portion of 55�' Avenue have been previously vacated; and WHEREAS, City Public Works Staff indicates that there is no longer a reason to keep this unimproved right-of-way; and WHEREAS, the northerly 20 feet of the southerly vacated 30 feet of 55�' Avenue and an additional 30 feet north of the vacated 6`�' Street will be dedicated to the City as a utility easement; and WI-IEREAS, a public hearing was held on this matter by the Planning Comrrussion on April 20, 2011 and the City Council on May 9, 2011. WHEREAS, the petitioner, Scott Dahlberg, was presented with E�chibit A, the stipulations, which will be rec�uired for compliance, for SAV #11-01, at the May 9, Z011 City Council meeting; NOW, THEREFORE, BE IT RESOLVED that the City of Fridley vacate the following: All that part of 3`a Street (now known as 55`h Avenue NE) lying easterly of the northerly extension of the centerline of Dayton Avenue (now known as 6th Street NE) and lying westerly of the northerly extension of the centerline of the Alley in Block 9, Hamilton's Addition to Mechanicsville, Anoka County, Minnesota. Reserving and subject to an easement for utility purposes over the north 20.0 feet of the south 30.0 feet thereof and over the south 30 feet lying between the northerly extensions of the centerline and the east line of Dayton Avenue (6`h Street NE). PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 9TH DAY OF MAY, 2011. ATTEST: J4�`� �,.� DEBRA A. SKOGEN - ITY CLERK � � SCOT J. LUND - MAYOR Resolution No. 2011-23 EXHIBIT A SAV #11-01 Vacation Request for Scott Dahlberg Stipulations Page 2 1. Access to 5455 6`h Street shall be through one of the following options, to be determined at which time the lot is developed and constructed prior to issuance of the certificate of occupancy: a. Install a public road with an off-set cul-de-sac to the property that complies with Engineering and Fire Code regulations. Conditions on this option: i. Private Hydrant installation ii. Address to be changed to 7`h Street, with proper signage visible from 7`h Street for emergency purposes iii. Curb cut will be required to allow access for the lot at 5480 7`h Street (billboard lot) iv. Water, sewer, and stormwater connection fees shall be paid by owner/developer prior to issuance of a building permit. b. Install a private driveway through a license agreement prepared by the City, to the parcel that complies with Engineering and Fire code regulations. Conditions on this option: i. Code compliant Fire access to allow proper turnaround ii. Private Hydrant installation iii. Driveway to be 24 ft. wide iv. Address to be changed to 7`h Street, with proper signage visible from 7`h Street for emergency purposes v. Curb cut will be required to allow access for the lot at 5480 7`�' Street (billboard lot) vi. Water, sewer, and stormwater connection fees shall be paid by owner/developer prior to issuance of a building permit. 2. The petitioner sha11 file utility easements at Anoka County that are depicted; on the Certificate of Survey from Kurth Surveying, with the revised date of 4/29/11. � . -� STATE OF MINNESOTA COUNTY OF ANOKA CITY OF FRIDLEY ) ) ) In the Matter of: Vacation SAV #11-01 Owner: Scott A. Dahlberg and Christy L. Dahlberg i iiiiii iiiii iiiii iiiii iiiii iiiii iiiii iiii iiii Record ID 2406237 5�474� . oo� CITY COUNCIL PROCEEDINGS VACATI ON The above entitled matter came before the City Council of the City of Fridley and was heard on the 9th day of May, 2011, on a petition for a vacation pursuant to the City of Fridley's City Code and City Charter, for the following described property: To vacate a portion of 55th Avenue, which was platted as 3`d Street, generally located west of 7th Street NE & North of the parcel addressed at 5455 - 6th Street NE, legal description listed below: All that part of 3�d Street (now known as 55th Avenue NE) lying easterly of the northerly extension of the centerline of Dayton Avenue (now known as 6�h Street NE) and lying westerly of the northerly extension of the centerline of the Alley in Block 9, Hamilton's Addition to Mechanicsville, Anoka County, Minnesota. Reserving and subject to an easement for utility purposes over the north 20.0 feet of the south 30.0 feet thereof and over the south 30 feet lying between the northerly extensions of the centerline and the east line of Dayton Avenue (6th Street NE). IT IS ORDERED that a vacation be granted as upon the followi�g conditions or reasons: Approved with 2 stipulations. See Resolution No. 2011-23. STATE OF MINNESOTA ) COUNTY OF ANOKA CLERK ) CITY OF FRIDLEY ) \, �, r OFFICE OF THE CITY � �� ` i, rt �.� 7 1/ �i ,• � ' . I c � w I, Debra A. Skogen, City Clerk for the City of Fridley, with and in for said City of Fridley, do hereby certify that I have compared the foregoing copy and Order granting a vacation with the original record thereof preserved in my office, and have found the same to be a correct and true transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at the City of Fridley, Minnesota, in the County of Anoka on the ;��' day of �c.�.., , 2011. DRAFTED BY: City of Fridley � 6431 University Avenue N.E. �� Fridley, MN 55432 Debra A. Skogen, City lerk ,�, r;�,. ,��,; �;�. • • � �,,.'` :` _ ,' � _ r. , , C�. �,/ � � � ,� � �" ��•. .-a�; +' Q` f a.. o.�'. _ --,y J �-�� ..j' r;� .,7 . � ��n'`' , , j� . . � � � � �, �.J ., : %� ��.�� P\`.� -� � � �,f � y (SEAL) �A. 1 � • ♦ ♦ � RESOLUTION NO. 2011-23 RESOLUTION TO VACATE A PORTION OF 55� AVENUE, WFIICH WAS PLATTED AS 3� STREET, GENERALLY LOCATED WEST OF 7TH STREET NE & NORTFI OF 'ITFiE PARCEL ADDRESSED AT 5455 6TH STREET NE, PETTTIONED BY THE PROPERTY OWNER, SCOTT DAHLBERG. WHEREAS, this portion of 55�' Avenue is an unimproved right-of-way and is not used by the general public; and WHEREAS, all possible connections to this portion of 55�' Avenue have been previously vacated; and WHEREAS, City Public Works Staff indicates that there is no longer a reason to keep this unimproved right-of-way; and WHEREAS, the northerly 20 feet of the southerly vacated 30 feet of 55'j' Avenue and an additiona130 feet north of the vacated 6�' Street will be dedicated to the City as a utility easement; and WHEREAS, a public hearing was held on this matter by the Planning Commission on April 20, 2011 and the City Council on May 9, 201 ]. WHEREAS, the petitioner, Scott Dahlberg, was presented with Exhibit A, the stipulations, which will be required for compliance, for SAV #11-01, at the May 9, 2011 City Council meeting; NOW, THEREFORE, BE IT RESOLVED that the City of Fridley vacate the following: All that part of 3rd Street (now known as 55`h Avenue NE) lying easterly of the northerly extension of the centerline of Dayton Avenue (now known as 6`� Street NE) and lying westerly of the northerly extension of the centerline of the Alley in Block 9, Hamilton's Addition to Mechanicsville, Anoka County, Minnesota. Reserving and subject to an easement for utility purposes over the north 20.0 feet of the south 30.0 feet thereof and over the south 30 feet lying between the northerly extensions of the centerline and the east line of Dayton Avenue (6`'' Street NE). PASSED AND ADOPTED BY THE CTTY COUNCII, OF THE CTTY OF FRIDLEY THIS 9'�' DAY OF MAY, 2011. ATTEST: � DEBRA A. SKOGEN - ITY CLERK 6�s'i•c � � SCOT J. LUND - MAYOR ResoluUon No. 2011-23 EXFIIBTT A . 1 � .,.� .► . SAV #11-01 Vacation Request for Scott Dahlberg Stipulations Page 2 Access to 5455 6`h Street shall be through one of the following options, to be determined at which time the lot is developed and constructed prior to issuance of the certificate of occupancy: a. Install a public road with an off-set cul-de-sac to the property that complies with Engineering and Fire Code regulations. Conditions on this option: i. Private Hydrant installation ii. Address to be changed to 7`h Street, with proper signage visible from 7`h Street %r err;e; gency purpases iii. Curb cut will be required to allow access for the lot at 5480 7"' Street (billboard lot) iv. Water, sewer, and stormwater connection fees shall be paid by owner/developer prior to issuance of a building permit. b. Install a private driveway through a license agreement prepared by the City, to the parcel that complies with Engineering and Fire code regulations. Conditions on this option: i. Code compliant Fire access to allow proper turnaround ii. Private Hydrant installation iii. Driveway to be 24 ft. wide iv. Address to be changed to 7"' Street, with proper signage visible from 7`h Street for emergency purposes v. Curb cut will be required to allow access for the lot at 5480 7�' Street (billboard lot) vi. Water, sewer, and stormwater connection fees shall be paid by owner/developer prior to issuance of a building permit. 2. The petitioner shall file utility easements at Anoka County that are depicted; on the Certificate of Survey from Kurth Surveying, with the revised date of4/29/11. -�NOI�� COUNTZ" I�IINNESO'1�.'� Dooumant No.: �047�6.OQ2 "I'ORRENS I hzr�bti� c�rtil�' that the ��itllin instruulent ��s filed ir� tliis oi�icz i'or rzcorci on: 0�'16� 2011 2:�6:00 P1�1 Fz�siTaxes In the� .�tnoutit of: $46.00 LAI2R��' ��'. DALIEN .�liioka Count�' Propzrt�� Ta� .�d�iiinistratur Rzcorder• Rzgistrar of Titles 1�1D, Daputy Record ID: 2406237