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LS90-01 CITY OF FRIDLEY 4431 UNIVERSITY AVE. N.E. �► FRIDLEY, MN 55432 LOT SPLIT FORM L.S. qO (412)571-5450 yy�� so LOT SPLIT FEE DO PARR FEE RECEIPT # 3�a SCHEDULED PLANNING COMMISSION MEETING DATE: .3/� SC HETALED CITY COUNCIL MEETING DATE: PROPERTY INFORMATION AMUSS: LEGAL DESCRIPTION: LCT- moa TRACT/ADDITDON�( PRESENT ZONING REASON EOR IAT SPLIT: A sketch of the property and the proposed lot split with any existing structures shown should acocmpany phis application. 6f /UA�d FEIE OWNER INFORMATION NAME L2:sa)4, i� A44 ./ 11-8� ADEPMS SIGNAW DATE Note to Contract s Purchasers; Fee Owne i n form Dior troc ' * * * * * * * * * * * * * *'* * * * * *ms �e * * * g * * * *o p* *e sj,�'* PETITIONER INFORMATION NAME X14 A° 24, e /�.y�"A f7�Al # �7Jf fl Z 7 ADMESS sIGNAZU DATE °�" PLANNING COMMISSMN APPRCVED Lk1IED HATE CITY COUNCIL APPROVED DENIED DATE STIPULATIONS: SOUTHEAST PARCEL: The southeasterly 92. 35 feet is measured as a right angle to and parallel with the southeast line of Lot 8, Block 2, Moore Lake Hills. NORTHWEST PARCEL: That part of Lot 8, Block 2, Moore Lake Hills, lying northwesterly of the southeast 92 .35 feet as measured as a right angle to and parallel with the southeast line of said Lot 8. Planning 3/ 16/90, 3/22/90 , 4/6/90 MAILING LIST Council L.S. #90-01 Roger and Myra Hanson Daniel Nelson Leslie Wilke/Resident 6080 Central Avenue N.E. 6061 Central Avenue N.E. Fridley, MN 55432 Fridley, MN 55432 O� 'Daniel Nelson Leslie Wilke 6070 Central Avenue N.E. 670 Mason Ridge Center Drive Fridley, MN 55432 St. Louis, MO 63141 Thomas Gray Harold Swanson 6062 Central Avenue N.E. 6064 Woody Lane N.E. Fridley, MN 55432 Fridley, MN 55432 Scott Kohanke Kazimierz Tomcyk 6116 Central Avenue N.E. 6060 Woody Lane N.E. Fridley, MN 55432 Fridley, MN 55432 Donna Lind Anthony Strouth s 6076 Woody Lane N.E. 6083 Woody Lane N.E. Fridley, MN 55432 Fridley, MN 55432 James Reiland Mauricio Garcia 6068 Woody Lane N.E. 6075 Woody Lane N.E. Fridley, MN 55432 Fridley, MN 55432 Clinton Strand Paul Agnew 6122 Woody Lane N.E. 6069 Woody Lane N.E. Fridley, MN 55432 Fridley, MN 55432 Clair Liabraaten Robert Allie 6128 Woody Lane N.E. 1313 Hillcrest Drive N.E. Fridley, MN 55432 Fridley, MN 55432 Frank Demello Thomas Manning 6134 Woody Lane N.E. 1315 Hillcrest Drive N.E.- Fridley, MN 55432 Fridley, MN 55432 Margaret Nelson Edward Kaspszak 6090 Woody Lane N.E. 1317 Hillcrest Drive N.E. Fridley, MN 55432 Fridley, MN 55432 Everette Utter Planning Commission Chair 6084 Woody Lane N.E. Fridley, MN 55432 City Council Members Roger Hanson 6065 Central Avenue N.E. Fridley, MN 55432 Mark Wilke 6063 Central Avenue N.E. Fridley, MN 55432 COMMISSION APPLICATION REVIEW JA-m FLE R FIX Mn muTm DATE FILE DESCRIPTION L.S. #9 0-01 CINOF 10 3/5/90 3/28/90 Roger Hanson - Split off 90 feet of F14DLLY COWLETE REVIEW CHECKLIST AND RETURN TO PLANNING DEPT. ARB D. COMMENTS I � .. ic a-, - ,OMICHELE M. ��- � — el Pile.. MARK 6��HN F. � je tht-DARREL C. LYDE M. EON M. 01JIM H. 3)P �- 3/ BOB A. l x n C[TYOF FRI DLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE(612)571-3450 March 16, 1990 TO WHOM IT MAY CONCERN: The City of Fridley Planning Commission will be holding an informal hearing on a request for a lot split, L.S. #90-01, by Roger and Myra Hanson, to split off the southeasterly 90 feet of Lot 8, Block 2 , Moore Lake Hills Addition, to create a separate single family lot, generally located at 6065 Central Avenue N.E. Anyone who wishes to be heard shall be given an opportunity at the Planning Commission meeting on Wednesday, March 28, 1990 at the Fridley Municipal Center, 6431 University Avenue N.E. , at 7: 30 p.m. DONALD BETZOLD CHAIRMAN PLANNING COMMISSION rAW CiTYOF FMDLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE(612) 571-3450 March 22, 1990 TO WHOM IT MAY CONCERN: On March 16, 1990, a hearing notice was sent to you regarding a request for a lot split, L.S. x#90-01, by Roger and Myra Hanson, to split off the southeasterly 90 feet of Lot 8, Block 2, Moore Lake Hills Addition, to create a separate single family lot, generally located at 6065 Central Avenue N.E. The petitioner has requested that the hearing date be moved to Wednesday, April 11, 1990. Anyone who wishes to be heard shall be given an opportunity at the Planning Commission meeting on Wednesday, April 11, 1990 at the Fridley Municipal Center, 6431 University Avenue N.E. , at 7: 30 p.m. DONALD BETZOLD CHAIRMAN PLANNING COMMISSION CITY OF F14DLEY FRIDLEY MUNICIPAL CENTER•6431 UNIVERSITY AVE.N.E. FRIDLEY,MN 55432•(612)571-3450•FAX(612)571-1287 April 6, 1990 TO WHOM IT MAY CONCERN: On March 22, 1990, a notice was sent to you regarding a request to table the Planning Commission hearing for a proposed lot split, L.S. #90-01, by Roger and Myra Hanson of 6065 Central Avenue N.E. , from the originally scheduled date of March 28, 1990 to April 11, 1990. The petitioner has now requested that the hearing date be moved to Wednesday, April 25, 1990. Anyone who wishes to be heard shall be given an opportunity at the Planning Commission meeting on Wednesday, April 25, 1990 at the Fridley Municipal Center, 6431 University Avenue N.E. , at 7 : 30 p.m. DONALD BETZOLD CHAIRMAN PLANNING COMMISSION 000- 4YYYY STAFF REPORT APPEALS DATE CITY OF PLANNING COMMISSION DATE : April 25, 1990 FRIDLEY CITY COUNCIL DATE : May 7, 1990 AUTHOR MM/dn REQUEST PERMIT NUMBER L.S. #90-01 APPLICANT Roger Hansen PROPOSED REQUEST To split off 94 feet of Lot 8, Block 2, Moore Lake Hills to create a buildable single family lot. LOCATION 6065 Central Avenue N.E. SITE DATA SIZE 23,042 square feet DENSITY .26 units/acre PRESENT ZONING R-1 , Single Family Dwelling ADJACENT LAND USES R-1 , Single Family Dwelling to the north, south, & ZONING east, and west UrLffES Will need to connect new lot to utilities PARK DEDICATION $750.00 at time of building permit ANALYSIS FINANCIAL IMPLICATIONS CONFORMANCE TO Yes COMPREHENSIVE PLAN COMPATIBILITY WITH Yes ADJACENT USES & ZONING ENVIRONMENTAL Concern with storm water runoff and topographic CONSIDERATIONS relationship with adjacent lots. - -- - - - - - ----- ---- STAFF RECOMMENDATION Denial APPEALS RECOMMENDATION PLANNING COMMISSION Approval with stipulations as outlined by staff RECOMMENDATION 4ZZZZ Staff Report L.S. #90-01, Roger Hansen Page 2 Request Roger Hansen is requesting that a lot split be granted to split off approximately 94 feet of Lot 8, Block 2, Moore Lake Hills, to create a buildable single family lot. Site The existing lot is approximately 85 ' x 2601 . A 1 1/2 story single family dwelling is located approximately 95 feet from the front property line. Mr. Hansen resides in this dwelling; the same being 6065 Central Avenue N.E. The grade changes substantially across both the length and width of the lot. Analysis It is possible to create a buildable lot of 9, 001 square feet by splitting off 94 feet from Lot 8. However, doing so would make the remaining lot nonconforming. The new lot line would be 28 feet from the rear of the existing house. The required rear yard setback is 40 feet in this case. The rear yard setback is calculated at 25% of the lot depth with a minimum depth of 25 feet and a maximum depth of 40 feet. It could be argued that due to the change in topography that the lot functions as two separate lots; however, the lot split would still create a nonconforming situation for the existing house. The City has previously granted setback variances for existing dwellings in conjunction with lot split requests. If the Commission approves the request, the motion should acknowledge granting of the variance. The petitioner has submitted a detailed grading and drainage plan to accommodate the runoff from the new building. Staff has determined that the proposed swale along the south lot line is acceptable. Recommendation and Stipulations Due to the fact that the proposed lot split would create a nonconforming situation for the existing house, staff recommends that the Planning Commission recommend denial of lot split request, L.S. #90-01, to split off 94 feet of Lot 8, Block 2, Moore Lake Hills, to create a buildable single family lot. However, if the Planning Commission chooses to approve the lot split request and the setback variance for the existing dwelling, staff recommends the following stipulations: s 4AAAAA Staff Report L.S. #90-01, Roger Hansen Page 3 1. The petitioner shall move the existing chain link fence from its current location to a location closer to the new lot line. 2. * The petitioner shall install erosion control structures (silt fence with hay bales) while the new dwelling is under construction. 3. The swale to be constructed along the south property line of the existing house shall be re-vegetated as quickly as possible. 4. The petitioner shall maintain the swale for one year after construction. 5. Park dedication fees shall be paid at time of building permit issuance. PLANNING COMMISSION ACTION The Planning Commission voted to amend stipulation #3 to read: 3 . The swale to be constructed along the south property line of the existing house shall be re-vegetated by November 1, 1990. The Planning Commission voted unanimously to recommend approval of the lot split with the stipulations as amended and to acknowledge that the lot split creates a nonconforming situation for the existing dwelling. PLANNING COMMISSION RECOMMENDATION Staff recommends that the City Council deny the lot split request, L.S. #90-01. If the City Council chooses to approve this request, it should also approve the amended stipulations. L.S. #90-01 Roger Hansen 4BBBBB N 112 SEC. 24 , T. 30, R 24 G/TY OF FRIDLEY 1 •. v114 1 ,c •r.a,•z3 a� SE 2 % v f it �'; - -�' :. HCL •, .r DRIVE P ' �' ,.. . h exp_��+ 3Q �' pFtNE F .PQ• /(< f CREST `L Y f ADELE FI TAD MELQLANI G RDE S �7i. ,`• v :• r tiq� ti / . ARD E £L E ENTARY f '• r �' a n ti; 13st jays �: ---; -AYE NUE i • ' r+ ~ O y s i� � k EN E RHIGH ACE Z DDI TION P A i HOOL A u- 0 r_KMANNawn " SEC.N 2 HATHAWAY LANE 24 251 13 ' LOCATION MAP L.S. #90-01 Roger Hansen 4CCCCC • ' C R T DRIV • • • / zr / • Al iZ " pR1vE • �� r p H1LlCREST 1r at zJ r� F MISORk- L • f ;LAKE . �, �t ,. 'I .� J / QEAC �,� �4� / • P'� a i 9 EL k A / • • `:':_"� v P• �`• } , fill M ArAD4 Air • / � � � 03 • G i S ' / 4 • ` ,,�' s Z S s GRACE HIGH 3 1z 12 ► ", s 9 SCHOOL ADDIVON At 7 p iz TONING MAP L.S. #90-01 Roger Hansen Z a 4DDDDD uw � 0 J J f F Z 2 o •f 's S �=s� !s �/ I .z.c`„a. ,.� ,IE � lZil, a N:i^ f � u ? :ik \"c-,•Q � � iyZc Cz� _z s� mA*j /' oO • � � -�� ;� �'of st Js u- wE�c 1 , i�! =L.d`< _ 8 �O 0 L w•.T iD. << J/r !d /� /` anw _ t•.opa... :�'6•�ir3'= in ♦ �!. `•E�` _� ^� / _ I Il *104 )v rav„M�rrs� —c •u €iZ T b Y S= Vj S W s Z — U t E I N �•.O -r 3 -_ - 1 Ic y V 4 G C'7 E • - - E ✓. i. ..]I � y .�.�' 4 -�� tail ^•i E $i 4 E i `� 4� i V I >IC/ G L ryh/, C a�:�L C b G i -= i � F i, s 1 � �c •i yU e � K < C'. L e c C K Y•p - E f #I i -i � Z 4 t• >f < v cam. s — �"a s ICDRAINAGE PLAN 90068 24/30/24 HANSON, ROGER ADVANCE SURVEYING&ENGINEERING CO. C 57005.I My.No.101 MinocsonlAMn.55345 Phone(612)474?%4 e G AV E�.{V G Rne�j 94 ¢SKYEY FOR: ROGER HANSON C NT R AL 16. 0 sURyEYLO: June 19, 1984 6 � DRAFTZD: April 3, 1990 t LLOAL DEBCRIPTION2 NORTHWEST PARCEL: The southeasterly 92.35 feet as measured as a right angle to and parallel with the southeast line of Lot 8, Block 2, Moore '6a� Lake Hills, Anoka County, (Minnesota. o E %16. SOUTHEAST PARCEL: 0,%\ That part of (lot 8, Block 2,, (Moore Lake Hills, Anoka County, � �� ,,,,►�' � ryti !Minnesota, lying northwesterly of the southeast 92.35 feet as s+ cY +6p6s r ►�• seasured as a right angle to and paralel with the southeast ' M1�ti g ► \e\h line of said Lot S. - o«�`'� `"' ;� ? ►,, C i SMES NCE DImlDescrlabn 5otae5 m. REOVE9':EO We haw wrveycd theabove described property which the client dates a own or spleen s m to afrovacloa Sovernsenl mcords. We cute oto mprarenutbw that the client duct in fact owe the property nor that•search of the records has been made to determine the anent and satum of his holdiaSt It there is any doubt ertceainS the nccurary of she teo description,competent lepi counsel ^ \ gA. 93... should be matod to perform a title search and isure a title opinion for our use in preparinS the survey. \1 We show only lhme ereoems which the client Wonr an of or wbkh we happen to become swan of through other sources. IU ?�.SP survey does oa purport to show all esemenu and improvements. S Standard Svmbok A Conwniloor r.; . O r aD Dema t/2"ID pipe with pWk nrkrS phq 6Sate Ucenae Number 10575,set,B"o"is filled In,then denotes found iron n' RC�� t4 1. tnonumeut. piG sees • gQ•Fj' x 0 CERT1b7CA770N: � dJO�` 93 O m O 1 hereby certify tbe,1hY swvey was prepared by me or under my direct supervision and that 1 are a duly ReSWerd Land Surveyor and (D under The Laws of the State of Mineola. 4 0 ED '�� /^✓ // 'io g !/wwI1A .`oh rile Samuel G.Park,R.LS,No.10535 -_ too-00--, Ri SCALE ONE INCH EQUALS 30 FEET �� L A N SRI Z WOODY- M 90068 24/30/24 HANSON, ROGER ADVANCE SURVEYING & ENGINEERING CO. N. E. 5300 S.Hwy.No.101 Minnetonka,Mn.55345 Phone(612)474 7964 v ENV SURVEY FOR: ROGER HANSON C E N-T . pL=a5�U SURVEYED: June 19, 1984 _ 6 \ DRAFTED: April 3, 1990 \ LEGAL DESCRIPTION: \ EST PARCEL: s\\ A ��• NORTHW \ 4R That part of Lot 8, Block 2, MOORE LAKE HILLS, Anoka Company, \ �; E- Minnesota, which lies northwesterly of the following described line: A line parallel with and 92. 35 feet northwesterly of the southeasterly line of said Lot 8 as measured at a right angle a\ � to said southeasterly line. SOUTHEAST PARCEL: That part of Lot 8, Block 2, MOORE LAKE HILLS, Anoka Company, Minnesota, which lies southeasterly of the following describedd3• .- 1.0 \qr4 line: A line parallel with and 92. 35 feet northwesterly of the southeasterly line of said Lot 8 as measured at a right angle to said southeasterly line. NOTES: \ Q Legal Description Source- We ource We have surveyed the above described property which the client claims to own or appears to own from various government records. CD Cj We make no representation that the client does in fact own the property nor that a search of the records has been made to determine N o \ l description,competent legal counsel the extent and nature of his holdings. If there is any doubt concerning the accuracy of the lega should be retained to perform a title search and issue a title opinion for our use in preparing the survey. V Easements: We show only those easements which the client informs us of or which we happen to become aware of through other sources. The survey does not purport to show all easements and improvements. C Standard Symbols&Conventions: t' 0. Denotes 1pq R ��, "o" 2" ID pipe with plastic plug bearing State License Number 10535, set,if"o" is filled in,then denotes found iron C ,, monument �� C.; C �` 5Q.F S. CERTIFICATION: GOO I hereby certify that this survey was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor and under jhe Laws of the State of Minnesota. �� • •'. •"� aj ' Samuel G.Parker R.L.S.No.10535 100.00 SCALE ONE INCH EQUALS 30 FEET E -- L p, N W00 �Y Job No. 90068 PLANNING COMMISSION MEETING, APRIL 25, 1990 PAGE 29 Mr. Betzold stated it is regrettable that this special use- permit had to get wrapped up in some other issues. He statedrtle Michael Servetus Church has certainly been a good citizen o Fridley, and he would vote to recommend approval of the specia use permit. MOTION by Mr. Dahlberg, seconded by Mr. Kond 'ck, to recommend to City Council approval of Special Use Perm' , SP X90-05, by Kate Kemper for the Michael Servetus Unitar' n Society, per Section 205.07.0l.C. (2) of the Fridley City Cod to allow the expansion of a church in a residential district, Outlot A, Michael Servetus Addition, generally located at 980 - 67th Avenue N.E. , with the following stipulations: 1. A grading plan sha be submitted prior to the issuance of a building pe it. 2. The revised ndscape plan shall be submitted prior to the issuanc of a building permit. 3. The sit plan be modified to reflect the requirements for p king setbacks and number of parking stalls as re red by City code. UPON A VO E VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOT CARRIED UNANIMOUSLY. Ms. acy stated that on May 7, the City Council will establish a pu is hearing for the plat, vacation, and special use permit for y 21, 1990. 4. CONSIDERATION OF A LOT SPLIT REQUEST L S #90-01 BY ROGER AND MYRA HANSON• To split off the southeasterly 90 feet of Lot 8, Block 2, Moore Lake Hills Addition, to create a separate single family lot, generally located at 6065 Central Avenue N.E. Ms. McPherson stated the petitioners are requesting that approximately 94 feet of Lot 8, Block 2, be split off to create a buildable single family lot. The property is currently zoned R-1, Single Family Dwelling, and there is an existing single family home on the lot. Mr. and Mrs. Hanson reside in this home at the present time. The new lot will front on Woody Lane. Ms. McPherson stated that there are some drainage issues staff has asked the petitioners to consider, and they have submitted a preliminary drainage plan. The existing lot changes dramatically in topography across the width of the lot and across the depth of the lot. Staff is concerned with the drainage issue for the new lot on Woody Lane, as the run-off from the new dwelling unit will impact the adjacent neighbor to the south. The preliminary drainage plan would create a swale along the south property line PLANNING COMMISSION MEETING, APRIL 25, 1990 PAGE 30 along the existing dwelling which will allow the drainage to be directed toward Central Avenue instead of to the adjacent neighbor. In conjunction with the lot split, there would be a drainage and utility easement reserved along the south property line for maintenance of the swale. Ms. McPherson stated another issue staff is concerned about is that by allowing the lot split, a nonconforming lot would be created for the existing dwelling unit. The rear yard setback has been calculated at 25% of the lot depth. For the new lot for the existing home, the lot depth would be approximately 36 feet. As proposed, the new lot line would create a year yard setback of 29 feet, which would create a nonconforming situation. Ms. McPherson stated that due to the fact that this lot split would create a nonconforming lot, staff is recommending that the Planning Commission recommend denial of the lot split. However, if the Planning Commission does choose to approve the lot split and acknowledges the setback variance for the existing dwelling, staff recommends the following five stipulations: 1. The petitioner shall move the existing chain link fence from its current location to a location closer to the new lot line. 2. The petitioner shall install erosion control structures (silt fence with hay bales) while the new dwelling is under construction. 3. The swale to be constructed along the south property line of the existing house shall be revegetated as quickly as possible. 4. The petitioner shall maintain the swale for one year after construction. 5. Park dedication fees shall be paid at the time of the building permit issuance. Mr. Roger Hanson stated he and his wife moved to Fridley three years ago from Texas. They like Fridley and want to stay in Fridley. His wife works at Totino Grace High School, so this is an ideal location for them. He stated his wife has health problems and cannot climb stairs. Their present house has stairs, and that is why they want to build a new house on the new lot. They have no objections to any of the stipulations. He has done a lot of work terracing the property now to help stop erosion problems. He stated he has polled all the neighbors who adjoin their property, and no one has objected to this lot split. PLANNING COMMISSION MEETING, APRIL 25, 1990 PAGE 31 MOTION by Mr. Kondrick, seconded by Mr. Saba, to recommend to City Council approval Lot Split request, L.S. #90-01, by Roger and Myra Hanson, to split off the southeasterly 90 feet of Lot 8, Block 2, Moore Lake Hills Addition, to create a separate single family lot, generally located at 6065 Central Avenue N.E. , with the knowledge that by approving this lot split, they are creating a nonconforming use on the original lot, and subject to the following stipulations: 1. The petitioner shall move the existing chain link fence from its current location to a location closer to the new lot line. 2 . The petitioner shall install erosion control structures (silt fence with hay bales) while the new dwelling is under construction. 3 . The swale to be constructed along the south property line of the existing house shall be revegetated by November 1, 1990. 4 . The petitioner shall maintain the swale for one year after construction. 5. Park dedication fees shall be paid at the time of the building permit issuance. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. 5. RECEIVE THE APRIL 5 1990 HUMAN RESOURCES COMMISSION MINUTES: MOTION by Ms. Sherek, seconded by Mr. Kondrick, to receive _the April 5, 1990, Human Resources Commission minutes. , UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BE�ZU�LD DECLARED THE MOTION CARRIED UNANIMOUSLY. 6. RECEIVE THE APRIL 10 1990 AP COMMISSION MINUTES: MOTION by Mr. Kondrick, sec ed by Ms. Sherek, to receive the April 10, 1990, Appeals ission minutes. UPON A VOICE VOTE L VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED ANIMOUSLY. FrrIJAW COMMUNITY DE 4xxxx DEVELOPMENT DEPARTMENT UNOF HaDLEY MEMORANDUM DATE: May 3 , 1990 TO: William Burns, City Manager FROM: Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Consider Approval of Resolution Authorizing a Lot Split, L.S. #90-01, by Roger Hansen Attached is the staff report for the above-referenced request. The Planning Commission voted unanimously to recommend approval of the request with the following stipulations: 1. The petitioner shall move the existing chain link fence from its current location to a location closer to the new lot line. 2 . The petitioner shall install erosion control structures (silt fence with hay bales) while the new dwelling is under construction. 3 . The swale to be constructed along the south property line of the existing house shall be re-vegetated by November 1, 1990. 4. The petitioner shall maintain the swale for one year after construction. 5. Park dedication fees shall be paid at time of building permit issuance. The motion to approve acknowledged that the lot split would create a nonconforming rear setback for the existing dwelling unit. Due to the nonconforming setback, staff recommends that the City Council deny the lot split request. If the City Council chooses to approve the lot split, it should concur with the Planning Commission's action, and approve the attached resolution. MM/dn M-90-289 FRIDLEY CITY COUNCIL MEETING OF MAY 7. 1990 PAGE 6 D. RESOLUTION NO 31-1990 APPROVING A SUBDIVISION, LOT SPLIT, L S #90-01 TO SPLIT OFF THE SOUTHEASTERLY 92.35 FEET OF LOT 8 BLOCK 2 . MOORE LAKE HILLS ADDITION TO CREATE A SEPARATE SINGLE FAMILY LOT, GENERALLY LOCATED AT 6065 CENTRAL AVENUE N.E. Ms. Dacy, Planning Coordinator, stated this parcel is located between Central Avenue and Woody Lane. She stated it is 23,000 square feet in size, zoned R-1, and surrounded by R-1 zoning on all sides. Ms. Dacy stated a home now exists on this parcel with access from Central Avenue. She stated the petitioner is proposing to create a separate lot that abuts Woody Lane to construct a new home on this parcel. She stated the proposed parcel is higher in elevation than the existing home. Ms. Dacy stated the petitioner submitted a plan to show how run- off would be handled. She stated a swale would be constructed along the south property line and eventually directed to Central Avenue. Ms. Dacy stated the Planning Commission recommended approval of this lot split with five stipulations and amended stipulation No. 3. She stated staff is recommending denial of the lot split as the new lot line would create a non-conforming rear setback between the existing structure and lot line. She stated the Planning Commission acknowledged this non-conforming setback, but felt the request should be granted as the topography is so different. Councilman Schneider had a concern about the alignment of the new home and questioned if property owners to the north and south were notified of this request. Ms. Dacy stated these property owners were notified. She stated the property owners to the north would be able to see the side of this new home and those to the south would be looking at the side of the yard and there are a number of trees along this south lot line. Councilman Schneider asked the petitioner, Mr. Hanson, if he has spoken to his neighbors about this request. Mr. Hanson stated he has contacted all the neighbors that abut the property and those across the street and none of them had any objections. He stated the existing home and new home would be separated by about sixty feet. Councilman Schneider stated his only concern is the alignment of the homes and if this would be totally out of line. Mr. Hanson stated he had the same concern, but has had absolutely no negative comments from those whom he contacted. FRIDLEY CITY COUNCIL MEETING OF MAY 7, 1990 PAGE 7 Mr. Flora, Public Works Director, presented an aerial photo of this area and all homes have different setbacks. MOTION by Councilman Schneider to adopt Resolution No. 31-1990 with the five stipulations attached as Exhibit A. Seconded by Councilwoman Jorgenson. 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 Commission Meeting of April 25, 1990. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 5. RECEIVE AN ITEM FROM THE MINUTES OF THE APPEALS COMMISSION MEETING OF MAY 1. 1990: A. . VARIANCE REQUEST, VAR #90-07 TO REDUCE THE REQUIRED SETBACK FROM A RIGHT-OF-WAY ABUTTING A RESIDENTIAL DISTRICT FROM 100 FEE TO 37 FEET AND 41.9 FEET: AND TO REDUCE THE SETBACK BETWEEN A PARKING AREA AND A MAIN BUILDING FROM, 5 FEET TO 0 FEET TO ALLOW THE CONSTRUCTION OF ADDITIONAL OFFICE SPACE IN CONJUNCTION WITH A GENERAL OVERALL BUILDING EXPANSION PROJECT ON LOTS 2 THROUGH 10 BLOCK 6 RICE CRtEK PLAZA SOUTH DDITION AND LOT 20 BLOCK 5 LOWELL ADDITION. THE SAME BEING 6536 MAIN STREET N.E. BY STYLMARK, INC.,: Ms. Dacy, Planning Coordinator, stated this a request for two variances for property located to the west of Main Street and north of Mississippi Street. She stated the� operty is zoned M-1 with R-1 and R-3 property to the east. Ms. Dacy stated one variance is to reduce the one hundred foot front yard setback to allow construction of a 60 by 96 foot addition onto the existing b ilding. She stated the proposed encroachment would be 41.9 f et and, at one point, the request is to go to 37 feet for an arc tectural feature around the entry into the offices. She state the other variance is to reduce the required five foot sepa ation between a parking area and the wall of the building to ze feet. Ms. Dacy stated t petitioner is proposing to add a receiving area, an offic area, and to extend their shipping and manufacturing ea. Ms. Dacy sta ed the Appeals Commission recommended approval of both the varian es with six stipulations for the front yard variance and one stip ation on the variance pertaining to the separation of the wall a parking area. She stated some concerns were traffic, the issue of property values, and the company's ability to expand in the future. EF CITY OF FRI DLLY FRIDLEY MUNICIPAL CENTER •6431 UNIVERSITY AVE. N.E. FRIDLEY.MN 55432•(612)571-3450•FAX(612)571-1287 CITY COUNCIL ACTION TAKEN NOTICE May 9, 1990 Roger and Myra Hanson 6065 Central Avenue N.E. Fridley, MN 55432 Dear Mr. and Mrs. Hanson: On May 7 1990, the Fridley City Council officially approved your request for a lot split, L.S. #90-01, to split off the southeasterly 92 .35 feet of Lot 8, Block 2, Moore Lake Hills Addition, to create a separate single family lot, generally located at 6065 Central Avenue N.E. , with the following stipulations: 1. The petitioner shall move the existing chain link fence from its current location to a location closer to the new lot line. 2 . The petitioner shall install erosion control structures (silt fence with hay bales) while the new dwelling is under construction. 3 . The swale to be constructed along the south property line of the existing house shall be re-vegetated by November 1, 1990. 4 . The petitioner shall maintain the Swale for one year after construction. 5. Park dedication fees shall be paid at time of building permit issuance. A certified copy of the resolution authorizing the lot split will be mailed to you in the near future. You will need this in order to record the lot split at the County Recorder's Office. Also, please remember that a park dedication fee of $750.00 will be charged at time of building permit application for the vacant lot. Roger and Myra Hanson May 9, 1990 Page 2 If you have any questions regarding the above action, please call the Planning Department at 571-3450. Sincerely, Barbara Dacy Planning Coordinator BD/do Please review the noted stipulations, sign the statement below and return one copy to the City of Fridley Planning Department by May 23, 1990. A Concur with &ation taken. 929955 STATE OF MINNESOTA CITY COUNCIL PROCEEDINGS COUNTY OF ANOKA CITY OF FRIDLEY In the Matter of a lot split, L.S. #90-01 PLAT/LOT SPLIT Roger and Myra Hanson , Owner The above entitled matter came before the City Council of the City of Fridley and was heard on the 7th day of May , 19 90 , on a petition for a plat pursuant to the City of Fridley's Platting Ordinance, for the following described property: To split off the southeasterly 92.35 feet of Lot 3, Block 2, .*-loore Lake Hills Addition, to creatg a separate single family lot, generally located at 6065 Central Avenue N.E. IT IS ORDERED that a plat be granted as upon the following conditions or reasons: 1 . The petitioner shall move the existing chain link fence from its current location to a location closer to the new lot line. (over) STATE OF MINNESOTA ) COUNTY OF ANOKA ) OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) I, Shirley A. Haapala, 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 plat 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 he City of Fr ey, Minnesota, in the County of Anoka on the day of DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 /X/d,/ /.l SHIRLEY A. HiAPALA, CITY &F-R ;' (SEAL) 2. The petitioner shall install erosion control structures (silt fence with hay bales) while the new dwelling is under construction. 3. The swale to be constructed along the south property line of the existing house shall be re-vegetated by November 1 , 1990. 4 . The petitioner shall maintain the Swale for one year after construction. 5. Park dedication fees shall be paid at time of building permit issuance. rRIDLEY CITY COUNCIL MEETING OF MAY 7' 1990 PAGE 6 D. RESOLUTION NO. 31-1999 APPROVING A SUBDIVISION IAT SPLIT, L.S. #90-01, TO SPLIT OFF THE SOUTHEASTERLY 92.35 FEET OF LOT 8 BLOCK 2 MOORE LAKE HILLS ADDITION TO CREATE A SEPARATE SINGLE FAMILY LOT GENERALLY LOCATED AT 6065 CENTRAL AVENUE N.E. : Ms. Dacy, Planning Coordinator, stated this parcel is located between Central Avenue and Woody Lane. She stated it is 23,000 square feet in size, zoned R-1, and surrounded by R-1 zoning on all sides. Ms. Dacy stated a home now exists on this parcel with access from Central Avenue. She stated the petitioner is proposing to create a separate lot that abuts Woody Lane to construct a new home on this parcel. She stated the proposed parcel is higher in elevation than the existing home. Ms. *Dacy stated the petitioner _submitted a plan to show how run- off would be handled. She stated a swale would be constructed along the south property line and eventually directed to Central Avenue. Ms. Dacy stated the Planning Commission recommended approval of this lot split with five stipulations and amended stipulation No. 3. She stated staff is recommending denial of the lot split as the new lot line would create a non-conforming rear setback between the existing structure and lot line. She stated the Planning Commission acknowledged this non-conforming setback, but felt the request should be granted as the topography is so different. Councilman Schneider had a concern about the alignment of the new home and questioned if property owners to the north and south were notified of this request. Ms. Dacy stated these property owners were notified. She stated the property owners to the north would be able to see the side of this new home and those to the south would be looking at the side of the yard and there are a number of trees along this south lot line. Councilman Schneider asked the petitioner, Mr. Hanson, if he has spoken to his neighbors about this request. Mr. Hanson stated he has contacted all the neighbors that abut the property and those across the street and none of them had any objections. He stated the existing home and new home would be separated by about sixty feet. Councilman �Schneider stated his only concern is the alignment of the homes and if this would be totally out pf, line. Mr. Hanson stated he had the same concern, but has had absolutely no negative comments from those whom he contacted. FRIDLEY CITY COUNCIL MEETING OF MAY 7, 1990 PAGE 7 Mr. Flora, Public Works Director, presented an aerial photo of this area and all homes have different setbacks. MOTION by Councilman Schneider to adopt Resolution No. 31-1990 with the five stipulations attached as Exhibit A. Seconded by Councilwoman Jorgenson. 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 Commission Meeting of April 25, 1990. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 5. RECEIVE AN ITEM FROM THE MINUTES OF THE APPEALS COMMISSION MEETING OF MAY 1. 1990: A. VARIANCE REOUEST VAR 490-07 TO REDUCE THE REQUIRED SETBACK FROM A RIGHT-OF-WAY ABU NG A RESIDENTIAL DISTRICT FROM iftirr EE TO 37 FEET AND 41.9 FEE D TO REDUCE THE S T CK BETWEEN A PARKING AREA AND A MAIN BUILDING FROM 5 FEE TO 0 FEET TO ALLOW THE CONSTRUCTION OF ADDITIONAL OFFICE ACE IN CONJUNCTION WITH A GENERAL OVERALL BUILDING EXPANSI PROJECT ON LOTS 2 THROUGH 10 BLOCK 6 RICE CREEK PLAZA SOUTH ADDITION AND LOT 20 BLOCK 5 LOWELL ADDITION, .THE SAME BEING 6536 MAIN STREET N E BY STYLMARK, INC. : f� Ms. Dacy, Planning Coordinator, stated this�,a request for two variances for property located to the west of-i4ain Street and north of Mississippi Street. She stated the p:,r.4erty is zoned M-1 with R-1 and R-3 property to the east. Ms. Dacy stated one variance ist reduce the one hundred foot front yard setback to allow co truction of a 60 by 96 foot addition onto the existing bu ding. She stated the proposed encroachment would be 41.9 feet and, at one point therequest ques is to go to 37 feet for an arch' ectural feature aroundentry into the offices. She state the other variance is to reduce the required five foot separ ion between a parking area and the wall of the building to zer feet. Ms. Dacy stated petitioner is proposing to add a receiving area, an offic area, and to extend their shipping and manufacturing ea. Ms. Dacy s ted the Appeals Commission recommended approval of both the vari ces with six stipulations for the front yard variance and one st' ulation on the variance pertaining to the separation of the wal and parking area. She stated some concerns were traffic, the is ue of property values, and the company's ability to expand in the future. r + . 107 11 M U7110 T ICU. 31 - 1990 "Er OLtTrIC K APPEOVING A SUBDIVISION, MT SPLIT, L.S. #90-01, TO SPLIT GIFT THE SOUTKMVnWMY 92.35 FEET OF LOT 8, BIO= 2, MOORE LAIC ALIS AMITIOiN, TO CMUM A SEPARATE SINZE FAMILY IVT, GENERALLY IDCAM AT 6065 CORAL AVENUE N.E. FSS, the City council approved a lot split at the May 7, 1990 meeting; and the Planning Oot¢nission stipulations attached as Exhibit A; and WHEREAS, such approval was to split off the southeasterly 92.35 feet of Lot 8, Block 2, Moore Lake Hills Addition, to create a separate single family lot, generally located at 6065 Central Avenue N.E. The legal descriptions for the two properties are as follows: Northwest Parcel: That part of lot 8, Block 2, Moore Lake Hills, Anoka County, Mgm-,e._sota, which lies northwesterly of the following described line: A line parallel with an 92.35 feet northwesterly of the southeasterly line of said Lot 8 as measured at a right angle to said southeasterly line. Southeast Parcel: That part of Int 8, Block 2, Moore Lake Hills, Anoka County, Minnesota, which lies southeasterly of the following described line: A line parallel with an 92.35 feet northwesterly of the southeasterly line of said Lot 8 as measured at a right angle to said southeasterly line. VEHMEAS, the City has received the required Certificate of Survey from the owner; and WHEREAS, such approval will create two separate parcels fraan lot 8, Block 2, Moore Lake Hills. NOW, THEREFORE, BE IT RESOLVED, that the City Council directs the petitioner to record this lot split at Anoka County within six months of this approval or else such approval shall be null arra void. PASSED AND ADOPrM BY THE CITY COMCIL OF THE CITY OF FRIDLEY THIS 7TH DAY OF MAY, 1990. WILLIAM J. - MAYOR ATPEST': A4&LW 0.AL1._ SHIRIEY A.AHAAPAIA - ctry CZERK ,. . . .. 108 Resolution No. 31 - 1990 EXHIM A The petitioner shall move the existing chain link fence from its current location to a location closer to the new lot line. The petitioner shall install erosion control structures (silt fence with hay bales) while the new dwelling is under construction. The swale to be constructed along the south property line of the existing house shall be re-vegetated by November 1, 1990. The petitioner shall maintain the swale for one year after construction. Park dedication fees shall be paid at time of building permit issuance. 920955 Numerical,z/ Grantor--� Grantee-, Recorded Checkedi�-- C:l Margin Tr. Inde7x ::j� xz ttfWA OF COUqTy MCORDEh STATE()r-fggKj�uTj,MMINTY OF ANOM I hefo-y u,14 that tro wl!Nl 40 rMfq was, JiM in this oftl,' iclr (OC"fd rjn the r.9 Cl 74 YMS 6t;ly CA"41 by LklDwe:puly SHIRLEY A. HAAPALA FRIDLEY CITY CLERK 6421 UNIVERSITY AVE NE FRIDLEY MN 55432 Note to File L.S. #90-01: The vacant lot has been sold, and the resolution #31-1990 has been recorded in Abstract at Anoka County. The property, however, is torrens, and the legal on the resolution is incorrect. The legal on the certificate of survey is correct, and will be placed on the deeds. Octob r 24, 1991 Mich le A. McPherson Planning Assistant annAP 'DA11n 1'7d RANRON_ 'R0r,F.R ADVANCE SURVEYING & ENGINEERING CO. 5300 S. Hwy. No. 101 Minnetonka, Mn. 55345 Phone (612) 474 7961 GRADING & DRAINAGE PLAN FOR: ROGER HANSON SURVEYED: April 9, 1990 DRAFTED: April 16, 1990 LEGAL DESCRIPTION: SOUTHEAST PARCEL: The southeasterly 92.35 feet as measured as a right angle to and parallel with the southeast line of Lot 8, Block 2, Moore Lake Hills, Anoka County, Minnesota. NORTHWEST PARCEL: That part of Lot 8, Block 2, Moore Lake Hills, Anoka County, Minnesota, lying northwesterly of the southeast 92.35 feet as measured as a right angle to and parallel with the southeast line of said Lot 8. NOTES: Legal Description Source: We have surveyed the above described property which the client claims to own or appears to own from various government records. We make no representation that the client does in fact own the property nor that a search of the records has been made to determine the ex{ent and nature of his holdings. If there is any doubt conceming the accuracy of the legal description, competent legal counsel should be retained to perform a title search and issue a title opinion for our use in preparing the survey . Easements: We show only those easements which the client informs us of or which we happen to become aware of through other sources. The survey does not purport to show all easements and improvements. Standard Svmbols & Conventions: "o" Denotes 1/2" ID pipe with plastic plug bearing State License Number 10535, set, if "o" is filled in, then denotes found iron monument. "98:x5" Denotes the elevation on an existing surface. A box around an elevation denotes the elevation that a proposed surface is to be constructed to. Solid contour lines indicate existing surface shapes while dashed contour lines indicate proposed surfaces. CERTIFICATION: I hereby certify that this survey was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor and under the Laws of the State of Minnesota. Samuel G. Parker R.L.S. No. 10535 SCALE ONE INCH EQUALS 30 FEET 5 di 1 D"" ati �� I I 8 FL 894„ 28 IL Curb 895x38 IT�� •,.Uu5 )hV OADWAy J� ate' iv Chain Link Fe n F_ ee 1 DENOTES EXISTING CONTOUR 1 DENOTES PROPOSED CONTOUR 1 5 JOB NO. S0066 912-- 3, g to > 1t1 c � 0 L on L r 895x38 IT�� •,.Uu5 )hV OADWAy J� ate' iv Chain Link Fe n F_ ee 1 DENOTES EXISTING CONTOUR 1 DENOTES PROPOSED CONTOUR 1 5 JOB NO. S0066