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S•r� a ' � -�,� ; b � ,r; ';a 1 �- -_.r _ .��, � �/f , � ; 1 � ri.: ' ! �" - _° c_ ��` r• s'• t. . - i _--- — — ` -- � 3•88 - - � l/rer'e� ctr�r�' fhof ,!�,'S ts o f.'ue and corrtc� re:'esenfcfian o�'a scervec� ¢��i% �undories �'fr'rt oborr a�xtrin� �Qrrd, onr/ , y y. f' r , ��;. �:!�it !-:.�inn o�'a// 6U-/d :�s ,.'.�_ �cr, ,�?c'a:� r�sr.S/e u,�roo�imrnfS ,!•r�. � or or� se:d lo,�d_ Rs surveyed G� rrrA i�'S '' -. rbtf cr' ,/'a'�,: + ^ � A.O/9��? - - SUB UR BAN EIVGINEE2ING , INC. E ��errs E Su�'reyors r � ! � - /� - J I�- .. . . ^�..� i�.. �� -. — � � � ./� 'vI _•j �..f ! .i . . .. � . � -^' - �'' ° • i . � , . 1 _. - .,�-- . . .. � ._ . � . � . .. .. . .. �,Y:+-:z. R ,:. ,. � � . . � .— � . . � . � . � � !.' _,.-. ... .J.-.. .. ; • ._ � . .� . � . . . . . . .. �r. , _ , -". . . . .. �._._'__.__—_ - __-___ . . . . � . . . . . . .. � . . .. .. _. . . . , ^ . �. . _. _ ... �..r... � � .=,..u.:.+�.aw:..,::+a._. ^usnrixa�e`r�.u.�=.`ii�..'..._.. �.. r. .. �._.� ... r �-.�. � �'�""TY°»*g` ! . . . .. . . .. .. _ . .. ... ' .. - � � ... ,a. aw- .. .,,. . "y^.+'". . �► � px,At`'NT.NG COMMISSION M�L'TING S�PTifiiBEit 26 1979 Mr..Harria questionecl if thc City had str�eC xi$ht-of-way alon� t� rir. Deblon said no, but they would tiry to get them. Mx. Harris pointed out this lot was landlocked then. could allow a split like this to go through. They �a and should not have allowed iC. / Tt also was noted the City of on at the time of the platting. � t; �' 4 �� . ible lot splits. estioned how the counCy ones wh� registered the deed Zt was noted the ownex of this land was de� F�i.dley owns Lot H and was probably a paxk wide on the one end and 63 feet on the end by of Lot I and Lot J pick up the remaining 2.2 feet. . Mr. Langenfeld staeed Lot C was 75 Lot I. Could LoC C buy only 12 fe the lot lines. He thought the City Mr. Harris said no, but it w create a �og in should put a hold on Lot I, ince it was tax forfeit, and not allow Lot J to pick up Che 14.2 feet. He reason ii the lots wexofS�letblock.e HetsaidatheacountyPwants� there would be a 63 foo lot in the middle to sell this 14.2 fe and get it back on the tax rolls. He also wanted to know why the City was holdi Lot H. MOTION b Ms. H hes, secQnded by Mr. Lzngenfeld, to reca ��a xec rdscto coinc de, `_ ------ y to allow the County an y of Lot Split quest L.S .��79-05, taith the fo owing stipulations: 7, � e City hold on t� Lot I• 2. City staff bring in information on why we haye Lot H and what the future develogment glans axe fox it. s UPON A VOICE VOTE� AI.�I, VOTING AYE, CHAIRMAN H�I2RIS DECLAR�D T�i� M4TION CARRIED UNANIMOUSLY. 3, IAT SPLIT ItE UrST L.S e�k79-06 EXErLPLl� INC •� lotsll ing East2offthe East�90 both in Block 2, Shaffer`s Subdi,vision ��1, both Y feet tl�ereof, to malce two R-1 building sites, the same being 7562 and'75y 8_ 4„ Able Stxeet N.E. �.s..., ., Mx. Deblon said this 1ot had previously been propos�d fox a lanbcallsnforo2, 3ubedroom nei�t�boxs had objected beeause of the renta�ova�c�hr�•�oThsplit, they would be i.n a ramblex homes. Mr. Deblon said if they app sense appxovinG the variance for lot szza. . . MS, Gabel. said that was not tuxe, a variance would still be required for lot Si�uircd. The homes have been placed on the lot so yard setback vaxiances w.ould not be re9 Ti�e lot sizes are 7,520 feet each. Z�Q also Mr. Deblon infoxmed the petitioner he couZd build a�dreloserxtoethe lo� linehc� lat instead of a 1-car garage. The garagc could be mov C�1ey aYQ not s�ated it sl�ould be stipulated thaL- utility services will be xequired and in at this time. • ' �s tha � . �ix. Hurris said if Council approves the lot size variance, they,wouid ba ar �hQ Couheil and � �ia�rd of n�n��.Ls. The conu��issions nre .norn�ally the xecommending bodie8 f � it w�uld l�e unu�ual ior Coui�cil to act �s sucti. � � « .''P1rAt�-'NTNG- COMMISSTON MEF.T�NG, SEI.'TEMJ'�i3R 26 �I979 PA�E 5 .t�' • ..- � ' . � Mr.'Deblon �aid s�aii was sta3.sfied wLL•lt the plan and have no problQms with Che lo� aizea. The lAnd would be'used aC iti's best wi�h Chis pr.opasal. . Mr. Oqui�C said 7,SQ0 square feet was the recommended size by the Metxopolitan,CounciZ, traking inCo consideraCion there's less land available and tryin� to la�ter housing costs. Ms. 6abe1 informect the petitioner he siiould agply for a vari.ance xequest i�nediate?�y. i This would give enough tin►e for pxoper notice and would not delay his buildi�ag schedule. � Ms. Hu�hcs said she thought the proposal. was better suited fox the area then th� iirst � proposal. Also she was a firm believer of lowering housing costs and this shoul.d'do 'i so. She-pointed out the 1ot sizes were very close in size to the ones across the streeC. Mr. Langenfeld asked if the proper lot size was 9,000 square feet, and these Zots wou2d be 7,520 squaxe feet, or a difterence of ].,480 square fee�, wasn't tt�at a large � amour►t� to all.ow for a variance. . � The lots are 80 feet wide by 94 feet deep; with was 516 of what was required or $3�. Ms. Gabel said it was not out of line and variances have been granted before for similar requests. _ � MOxION by Ms. Hughes, seconded by Mr. Langenfeld to recommend to Council approual of � Lot Split request L.S. ��79-06, Exemplar, Inc: to split off Lot 2, fram Lot 3, boCh 3.� ; Blocic 2, Siiaffer's Subdivisicn ��1, both lots J.yin� east of the east 90 feet thereof, � to make two R-1 building sites, the same being 7562 and 7584 Abe1 Street N.S., wi�h � the folLowi;tg stigulation: - .1. Drainage and utility easement be worked ouL- between the developer and � the City of Fridley. •' i . . � . . . . . . � '�3 Mr. Holsten, the petitionex, questioned the easements. � Tir. Harris said this was an area of �.he lat retained for dxainage and utility, such as underground teLephone service, that would be used by Che City i.f needed. IIsually aa� easement is b- 10 feet wide. The survey shows a 6 fvc:. easement on the south line. UPQN A VOICE VOT�, ALL VOTING AYE, CHATRMAN HAItRIS DECLARED THE M(}TION CARRx�b UN:�1dIM0USLY. iir. liarris advised Mr. Holsten to talk with the staif on the easements and variance requests. . 4. DISCUSS P1EAi0R,ANDUM FROrI VIRGIL HERRICK DATr D yI3ST. 2, 1979 AND MEr�O IIAT�D � S£�'TF�tI;�R 17. 19 After reading t memo, M�. Oq 'st said the emorandum implied if a special use �SexaiiC hss issued, yo -set a precedent. Mr. Harris s id the Planning Commis ' n has always txied to maintain ti�at idea, buC the Ciry Attorn 's o£fice has jumped r one side Co an other. The Supre.me Court seems to Agxee wit�h ttie idea iC �.�as ceden setting.. � � , Zix. Oc�uisC s�iid thG r�lso said you ca ot arhitraxily deny a reque�t. , . , � � i REGULAR MEETING OF OCTOBER 22, 1979 PAGE 3 Lg� Mr. Brunsell, City Clerk, stated it is part he Van Cleave estate which is going tax forfeit. MOTION by Councilman Schneider to ncur with the recommendation of the Planning Commission and approv S#79-05. Seconded by Councilwoman Moses. Upon a voice vote, all vot' aye, Mayor Nee declared the motion carried unanimously. 2. CONSIDERATION OF LOT SPLIT RE UEST, LS #79-06, KE TWO R-1 BUILDING SITES, BY EXEMPLAR, INC. AT 7562 AND 84 LE STREET: �; Mr. Qureshi, City Manager, stated lots platted in this particular addition were particularly large and the property owner wis hes to sp li t his lot into two lots to make two R-i building sites for the construction of two single family homes. � }. �} l Mr. Qureshi stated, if the lot is split, it creates two substandard lots and a variance is required as the ]ots would not meet the 9,000 square feet requirement for a residential lot. Mr. Qureshi stated the Appeals Commission 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 Nlanor general area where a lot has been split to a smaller size. He 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 property. Mr. Qureshi stated what he wanted to point out is 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 felt, therefore, this item should be re- viewed thoroughly on whether this trend should be allowed. Mr. Holsten, owner 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 wi11 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 developable. Councilwoman Moses stated she felt Mr. Holsten would have a great deal of expense involved in making the lot developable because of the peat and the necessary fill and if only one dwelling was constructed, it would make the cost of the home very expensive. She questioned the cost for the home, if only one d�velling unit was constructed on the lot. Mr. Holsten stated he didn't think it �vould be feasible to develop it for one dwelling, 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. Councilwoman Moses stated she was concerned since Mr. Holsten hadn't talked with the neighbors about his plans. Mr. Holsten stated the neighboring property owners were notified of the public hearing and pointed out that the property owner to the South is in the process of selling his home. He stated he would meet all the setback requirements. Mr. Herrick, City Attorney, indicated that the next agenda item before the Council is consideration of the variances for this property and assumes notices were sent to the surrounding property owners and they apparently didn't appeal before the Appeals Commission. ��o REGULAR PIEETING OF OCTOBER 22, 1979 PAGE 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. Councilwoman 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 make 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, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Schneider questioned the status regarding an Energy Commission. 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 �ouncil Conference Meeting. THE APPEALS COMMISSION MINUTES OF 7.�ONSIDERATION OF VARIANCE ES TOBER 9, 1979: MAKE TWO BUILDING SITES ET N. E.: MOTION by Counci man Moses to concur with the recommendation of the Appeals Commission and gran the variances to reduce the square footage requirement for lot size from the requ' ed 9,000 square feet to approximately 7,520 square feet. Seconded by Councilman S eider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carrie unanimously. MOTION by Councilman 5chneider o receive the minutes of the Appeals Commission Meeting of October 9, 1979. Sec ded by Councilwuman Moses. Upon a voice vote, all voting aye, Mayor Nee declared he motion carried unanimously. NG THE PLANNING COMMISSION MINII�S Of OCTOB MOTION by Councilman fitzpatrick to recei the minutes of the Planning Commission Meeting of October 3, 1979. Seconded by C ncilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. VING THE CHARTER COMMISSION MI MOTION by Councilman Fitzpatrick to receive the min es of the Charter Cortrtunission Meeting of September 4, 1979. Seconded by Councilman chneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried u nimously. ION OF AGREEMENT BETWEEN THE CITY OF FRIDLEY AND -,.,T�� ���., �.� ���T DT1/CD �nnn. Mr. Qureshi, City Manager, stated the Council had adopted Resol ion #128-1978 re- questing a signal at this intersection and the County has respon d with a tempo - rary,signal. Ne stated it is hoped that eventually there will be p manent signali- zation and intersection modification at this location, however, it i requested, at this time, that the City participate by providing power for the te orary signal which will be installed by the County. MOTION by Councilman Fitzpatrick to approve the agreement between the City� Anoka County for a temporary traffic signal at 79th Way on East River Road. by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee decla motion carried unanimously. 116-1979 RIZING AND DIRECTIPlG THE SPLITTING OF SPECIAL ASS MOTION by Councilman Barnette to adopt Resolution No. 116-1979. 0 � - _ :: ,, f` ` �, � � f `��` � ,...._ __, . _ �, �-,z,� _. " �r,� f*�� ���,�" r `< � � . , '' , �.:.: �,.::f � � � . � ;, r o pf :e i�.—.. ',c �` ,-�+' . ( � 4 y �� � ' !•�� �`� �,! �� , �� �� � ��� . �:'�' � ; .,� y� ,�;� � A. � �/' � ��f . 8 � ;�: y ,,,� :�v 6431 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA 55432 !''r`<-r Theod�re Hal sten Presi dent a Ex�mr�l ar, Inc. 32i3 Townview Avenue N.E. Mi nneapoi i s, D1n 55418 czrv courlcl� ACTION TAY,EN NOTICE TELEPHONE ( 612)571-3450 Novembex. 1, 1979 . �� . Q;� October 22, 1979 , t;�� Fr�iuley City Council a;-�icia'11y apprcved your r�:yuest f��r a 1��split and variance for ti,rith tt�e sti�ulations �isted b�low. �n � e S ree �I:-E` P i ease revi �ti•r the ncted s±i pul ai:i �ns, s i gn -che staten�ent bel ow s and return c�e caF�y to �`::� Ci ty of i rid � ey. If y�u have any questi cr�s r•egard : ng the ab�vc ac Lion, pl ease cai 1 th� Com�nGnity Uevelc;pment O;�fice at 571-3450. J� B/de Stipulations: � 1. Drainage and utility easement be worked out between th� developer and the City of Fridley 2. Park fee of $500 per lot to be paid at time of building permit application. 3. Developer should check with special assessmeni:s as an,y sanitary sewer and wat�r lateral assessments must be paid at the time of building permit application. Concur h�i th acti on tal;en .