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A.D /9 �=_:_..? SUB URBAN ENGIIYEE2ING , ltvC. _ ' F�ne�rs E Surreyors . : � e " `= :` • % ` - ` � �� � :�l1 �L I .�.^-- - � � . v;�� ., . . . .. . , ;>_.�Y.'�_,.._• _ :r:• . ��,. . • _ . .- _ � .� - --_.:::..._...a.-��d��.,:,�.�-a . _. _. �. � . . � .. _ -•�„j. � _ .:.,� . .� . _ - . _ _ --_:-�-�----�-=-�r-�.r��-- ., 0 s . � PI.�,NNING COMMISSION MEETING, S�PT�MBER 26, 1979 PA�E 4 Mr. Harris questioned if the City had street righ�-of-way along the possible lot splits. Mr. Deblon said no, but they would try to get them. Mr. Harris pointed out this lot was landlocked then. He questioned how the county could allow a split like this to go through. They are the ones who registered the deed and should not have allowed it. It was noted the owner of this land was deceased. It also was noted the City of T'xidley owns Lot H and was probably a park dedication at the time of the platting. Mr. Langenfeld stated L�t C was 75 feet wide on the one end and 63 feet on the end by Lot I. Could Lot C buy only 12 feet of Lot I and Lot J pick up the remaining 2.2 feet. Mr. Harris said no, but it would create a jog in the lot lines. He thought the City should put a hold on Lot I, since it was tax forfeit, and not allow Lot J to pick up the 14.2 feet. He reasoned if the lots were split in the future and a road put in, there would be a 63 foot lot in the middle of the block. He said the county wants to sell this 14.2 feet and get it back on the tax rolls. He also wanted to know why the City was holding Lot H. MO'TIOD? by Ms. Hughes, seconded by Mro Langenfeld, to recommend to Council approval of Lot Spli.t request L.S. ��79-05, to allow the County and City records to coincide, with the following stipulations: l. The City hold on to Lot I. 2. City staff bring in information on why we have Lot H and what the future development plans are for it. UPON A V'OICE VOTE, ALL VOIING AYE, CHAIRA�N HARRIS DECLAR.ED THE MOTION CARRIED UNANTMOUSLY. • � 3o LOT SPLIT REQUEST, L.Ss ��79-06�„EXFriPLAR, INC.: Split off Lot 2, from Lot 3, both in Block 2, Shaffer's Subdivision ��1, bc�th lots lying East of the East 90 feet thereof, to make two R-1 building sites, the same being 7S6�d 7584 Able Street N.�. •--�—� Mr� Deblon said this lot had previously been proposed foz a double bungalow, but the nei�;tit+ors had objected because of the rental factor. This plan calls for 2, 3 bedroom rambler homes. Mr. Deblon said if they approve the lot split, they would be in a sense approving the variance for lot size. r1s. Gabel said that was not ture, a variance would still be required for lot size. The homes havz been placed on the lot so yard setback variances w.ould not be required. Ttie lot sizes are 7,520 feet each. Mro Deblon informed the petitioner he could build a 2-car garage on the nortihern lot instead of a 1-car garage. The garage could be moved closer to the lot line, He also stated it should be stipulated that utility services will be required and they are not in at this time. r1r. Harris said if Council approves L-he lot size variance, they would be acting as the Board of Appea.ls. The commissions are .normally the recammending bodies for the Council anci i.t wr�ul.d be uiiusual for Council to act as sucti. .` PLAtfi1�NG COMMISSION MEETING, SEPTEML'ER 26, 1979 _ PAGE 5 � Mr. beblon said staff was staisfied with the plan and have no problems with the lot sizes. The land would be used at it's best with this pxoposal. Mr, Oquist said 7,500 square feet was the recommended size by the Metropolitan Council, taking into consideration there's less land available and trying to lower housing costs. Ms. Gabe1 informed the petitioner he should apply f�r a variance request immediately. This would give enough �ime for groper notice and would not delay his building schedule. Ms. Hughes said she thought the proposal was better suited for the area then the first proposal. Also she was a firm believer of lowering housing costs and this should do so. She pointed �ut the lot sizes were very close in size to the ones across the street. Mr. Langenfeld asked if the prop�r lot size was 9,000 square feet, and these lots would be 7,520 square feet, or a dif�erence of 1,480 square feet, wasn't that a large amount to allow for a variance. The lots are 80 feet wide by 94 feet deep, with was S/6 of what was required or 83%v Ms. Gabel said it was not out of line and variances have been granted before for similar xequests. MOT?ON by Ms. Hughes, seconded by Mr. Langenfeld to recommend to Council approval of Lot Split request L.S. ��79-06, Exemplar, Inc�, to split off Lot 2, from Lot 3, both in Block Z, Shaffer's Subdivision �kl, both lots J.ying east of the east 90 feet thereof, to make two R-1 building sites, the sarne being 7562 and 7584 Abel Street N.E., with the £ollowing stipulation: 1. Drainage and utility easement be worked out betzaeen the developer and the City oF Fridley. I�ro Holsten, the petitioner, questioned the easements. Nr. Iiarris said this was an axea of the Iot retained for drainage and. utility, such as underground telephone service, that would be used by the City if needed. Usually an easement is 6- 10 feet wide. The survey shows a 6 fcc'� easement on the �outh line. UPON A VOICE VOT�, ALL VOTIr1G AYE, CHAIRMAN ILAPP.IS DECLARED THE MOTION CARRIED UNANIMOL'SLY, Mr. Harris advised Mr. Holsten to talk with the staff on the easements and variance requests. • 4. DISCUSS__MEMORANDUM FROM VZRGIL HER�tICK DATED AUGUST 2, 1979 AND T�SO DATED SE�'TEMB�R 17 �,197 9 �� . After reading the memo, I�1��� �Oquist said the memora�xdum implied if a special use permit was issued, you set a prece�lent. �" ,, �.-• Mre Harris said the Planning C�Sv�mission�has always tried to maintain that idea, but the City AtLorney's office has jumPe�,.frr��ti�one side to an other. The Supreme Court seems to agree with the idea it was prs�c�lent setting. rir. Oqui.st said the memo.�°�"�so said you annot arbitrarily deny a request. � •.� "�` � REGULAR MECTING OF OCTO�ER 22, 1979 PAGE 3 Z� � Mr, arunsell, City Clerk, stated ' is part of the Van Cleave estate which is going tax forfeit. M07ION by Council chneidcr to concur with the recommendation of the Planning Com ' ion and approve LS �79-05. Seconded by Councilwoman Moses. Upon a v' vote, all voting aye, Mayor Nee deciared the motion carried unani sly. 2. CONSIDERATIOfJ OF LOT SPLIT Nir. Qureshi, City Manager, stated lots platted in this particular addition were particularly large and the property owner wishes to split his lot into two lots to make two R-i building sites for the construction of two single family homes. Mr. Qureshi stated, if the lot is split, it creates two substandard lots and a variance is required as the lots would not meet the 9,000 square feet requirement for a residential lot. Mr. Qureshi stated the Appeals Commissiort has considered this variance request and has recommended approval, and the Planning Commission recommended approval of the lot split. Mr. Qureshi stated the property owner's original proposal was to construct a double bungalow in the R-1 zoning, which was opposed by the neighborhood. Mr. Qureshi did point out, if the lot split is approved, it would be the first time in the Melody Manor general area where a lot has been split to a smaller size. kie pointed out the lots in the area are large and other persons could possibly request lot splits, in order to develop lots in the back of their proaerty. Mr. Qureshi stated what he wanted to point out �s they may be setting a precedent, by granting a lot split for this area, and there may be other such requests, and a consideration is where the limit would be set on the square footage of the lot. He fe1t, therefore, this item should be re- viewed thoroughly on whether this trend should be allowed. � 1, Mr. Holsten, o;�mer of the property, stated the lot has features which make it an expensive lot to develop. He explained the lot is low and has several feet of peat and there will be considerable expense in getting the lot ready for construction. He felt an expensive home on the lot wouldn't match the area. Councilman Qarnette stated he knows this is a substandard lot and someone once bought it on speculation and had to let it go tax forfeit because of the cost involved to make it de�:elopable. Councilwoman F1oses stated she felt h1r. Holsten would have a great deal of expense involved in making the lot developable because of tlie peat and the necessary fill and if only one dwelling was constructed, it ti•rould make the cost of the home very expensive. She questioned the cost for the home, if only one dwelling unit was constructed on the lot. Mr. Holsten stated he didn't think it ivould be feasible to develop it for one dtvelling, as he wouldn't be able to get out his investment from the property. He stated the homes he is proposing for the lot would sell be- tween �55,000 to $60,000. Council«oman Moses stated she �aas concerned since P1r. Holsten hadn't talked � with the neighbors about his plans. � � hir. Holsten stated the neighboring property owners were notified of the public hearir�9 and pointed out that the property owner to the South is in the process of selling his honle. He stated he would meet all the setback requirements. Mr. Herrick, City Flttorney, indicated that the next agenda item before Lhe Council is consideration of the variances for this property and assumes noticcs wcre sent to the surro�mding ��roperty owners and tliey apparently didn'� ap��cal before the llppeals Commission. ?,�� (1 0 REGUI_RR P1fETING OF OCTOQER 22, 1979 P/1GE 4 .'^ Councilman Fitzpatrick stated he was supportive of any effort to provide mod- erate or low cost housing, but failed to see the hardship in this case. Mr. Holsten felt they do have to remove quite a bit of peat and add fill in order to develop the lot. He also added they would probably need extra courses of block for the foundations. Councilwomar� Moses felt Fridley needs more low and moderate income housing and land to develop such housing, and felt possibly this lot might never be developed for a single family home because of the costs to makp it a buildable site. She felt the lot was unique in this respect and also that this is an established area of smaller homes which would probably not be conducive to an expensive home on one lot and, therefore, moved the following: MOTION by Councilwoman Moses to concur with the recommendation of the Planning Commission and grant Lot Split Request, LS #79-06, as requested by Exemplar, Inc. Seconded by Councilman Barnette. Upon a voice vote, all_voting aye, Mayor Nee declared the motion carried unanimously. _ MOTION by Councilman fitzpatrick to receive the minutes of the Planning Commis- sion Meeting of September 26, 1979. Seconded by Councilwoman Moses. Upon a voice vote, ail voting aye, Mayor Nee declared the motion carried unanimously. Councilman Schneider questioned the status regarding an Energy Corr�nission. Mr. Qureshi, City Manager, stated possibly the scope of an existing Commission could be broadened to cover the energy question. Mayor Nee suggested the report regarding the Energy Policy be discussed at a Council Conference P1eeting. NG SSIbN P4I . CONSIDERIITION OF VARIANCE OF OCT06ER_9, 1979 EST TO MPKE TWO BUILDING SITES, BY IF STRFFT N. E.: MOTION by uncilwoman Moses to concur with the recommendation of the Appeals Comr,iissian a grai�t the variances to reduce the 59rnximately97,520usquaretfeet. lot size from e required 9,000 square feet to app Seconded by Coun ilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the moti carried unanimously. MOTION by Councilman hneider to receive the minutes of the Appeals Commission Meeting of October 9, 1 9. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee eclared the motion carried unanimously. EIVING THE PLANNING COMMIS15�ON MINUTES OF OCTOBER 3, 1979: MOTION by Councilman Fitzpatrick receive the minutes of the Planning Commission Meeting of October 3, 1979. Secon d by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared th motion carried unanimously. EIVING TNE CHARTER COMMISSION MINUTES�F�SEPTEMaER 4, 1979: MOTION by Councilman fitzpatrick to receive e minutes of the Charter Commission Meeting of September 4, 1979. Seconded by Cou ilman Schneider. Upon a voice vote, all voting aye, t4ayor Nee declared i:he motion ca ied unanimously. IDEFATION OF AGREEMENT E3ETWEFN THE CITY OF FRID�Y AND - ----.. .._.. �.: .-��r �.��r=n onnn• .:�_� � Mr, Qureshi, City hlanager, stated the Council had adopted esolution �128-1978 re- I questing a signal at this intersection and the County has r onded with a tempo - rary.519na1. He stated it is hoped that eventually there will �,P�isarequestedal�^ zat�on and intersection modification at this location, however, at this time, that i:he City participate by providing power for th temporary signal • which tvill be installed by the County. ' MOTION by Councilman Fitzpatrick Co approve the agreement between the C and Anoka County for a tcmporary traffic si9nal at 79th 4day on East River Roa Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee decla d the motion carried unanimously. , RE�SOLUTION hd0. Ilfi-1979 �tiTHQR17_I�;G 11ND DIRE"CTIPIG TNF SPLITTING OF SPECI_ �� ASSE_S�S`j " ON ('Af.CFL 90O, t OTS��20-30, f3LOC1; 3, OidhWAY A(1DI f IOtv t— h10T10N by Cotmcilman [iarnette to ado�t Resolution No. 116-197�. . ;�� �` i�� � ,� `1 ^ � P'^~ Y ���,� ^ � A � t t�6w. t: �':� ! 'l rJ'. ' ,...�.w_ �� 'e; h� f�+��rj � �.� ,' �,�� ,��� �,� ��� . �� .. � ..::�b • . k,� �f y t� :�"�� � r t� �; . � ,;� �;� -:� � �, � :•� :�- 6431 UNIVERSi7Y AVENUE N.E., FRIDLEY, MINNESOTA 55432 '''�'`��� Thead�re Holsten Fresident � Exemr�lar, Inc. 3213 Townview Avenue N.E. Mi nneapoi i s, P1n 55418 1 F� czT�` COUNCIL ACTION Tl1KEN NOTICE TELEPHONE ( 612)571-3450 Novembex�, 1, 1979 .� . p;� October 22, 1979 , t;�� rr�iuley City C�uncil a; �i ci a'i 1y apprr;ve� your r� quest f��r a T-o�`spl i t and var`i ance for with the sti�ulations �isted b�low. dn � �fie S ree �I:�� P i ease revi �►�r tf�e ncte.d s±i �ul aLi �ns, s i gn �cl�e si�aten�ent bel ow, and return cne capy to �`;� Ci �:y of i ri d � �y. If y�u have any que��;ior�� regar�:�ig the ab:�v�: acZion, please call ih� Community Jevelc;pment Ofi�fice at 571-3450. Js 6/d� St�pulations- Drainage and utility easement be worked out between the developer and the City of Fridley Park fee of $500 per lot to be paid at time of building permit application. 3. Developer should check with special assessrneni;s as any sanitary sewer and water lateral assessments must be paid at the time of building permit application. .�. Concur �ith act-ian tal:en. �