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SAV 75-05Planning Commission Meeting - August 6, 1975 Page 12 P MOTION by Drigans, seconded by Scott, that the Planning Commission recommend to Council, approval of the vacation request, SAV #75-09, by the Fridley Assembly of God Church, to vacate the 12 foot drainage and utility easement that lies between Lots 1 through 5, and Lots 8 through 12, Block 1, Osborne Manor 2nd Addition, and move it to the center line of the new property line. Upon a voice vote, all.voting aye, the motion carried unanimously. 4. 0ONTINUED: VACATION REQUEST, SAV #75-05, BY RICHARD KOK: Vacate the 6 foot drainage and utility easement on the South side of Lot 6, Block 1, Clark's 'Addition, the same being 6517 McKinley Street N.E_.er„ Mr. Richard Kok was present. Mr. Clark said this item had been continued a couple of times, once because the petitioner was not present and another time to allow the Engineering staff to determine the utility patterns in this particular block. He said there was a memo and a map in -the agenda explaining the part of t'A s easement that had to be retained. Mr- Clark continued that the Engineering Department had no objection to 85.31 of this easement being vacated on Lot 6, Block 1, Clark's, Addition, but they would need'the balance of this easement to line up with an easement they would need to follow the North-South boundaries of Lot 7, Block 1, Clark's Addition, and Lot 8, Block 3, Moore Lake Park 1st Addition. He said the mapshowed that the -existing gauge did encroach into the 6 foot easement. By retaining part of this easement, a very small portion of the garage was still.in the easement, but the recommendation was to allow this very small portion to encroach into the easement. Chairman Harris asked if the Engineering staff was recommending that the 6 -foot easement on the North boundary of Lot 7 be vacated also. Mr. Clark said there wasn't any recommendation, just that if it was vacated, to be sure the same part of this easement was retained as on the South side.of Lot 6. Mr. Clark said there were no utilities in this easement, they wanted to retain, but if they have looked at the area, they would be aware that there was a low spat North of Lot 8, and East of Lot 6, and it must trap water. If the people in the area should ever petition the City to drain that low area, we would have to have. an easement to get a storm sewer back into this area, and feel that the logical alignment would be between Lots 7 and 8. Mr. Drigans said he could see no purpose to keep the 6 foot easement on the North side of Lot 7, if the easement was vacated on Lot 6,, except for -the part needed for a potential storm sewer easement. A half of an easement wasn't good for anything. Mr. David Harris said he agreed with Mr. Drig'ans. Mr. Kok asked if this small amount of his garage that would be allowed to encroach in this easement would cause him problems if he wanted to sell this property. He thought he should get something in writing that the City would allow this encroachment. Mr. David Harris said what Mr. Kok was was done on' -this property, prior to selling said this could be handled by a letter or a were many ways of handling this. questioning was that if a title search it, he --might have a problem. Mr. Clark Council resolution, or by a motion. There Mr. Clark said this could be put in the staff report. MOTION by Langenfeld, seconded by Lindblad, that the Planning Commission recommend to Council approval of the.vacation request, SAV #75-05, by Richard Kok, to vacate the Westerly 85.31 feet of the 12 foot drainage and utility easement on -the South Planning Commission Meeting - August 6, 1975 Paqe 13 side of Lot 6, and the North side of Lot -7, Block 1, Clark's Addition, with the stipulation that the City allow the encroachment of the small part of the garage on Lot 6, into the retained easement. Upon.a voice vote, all voting aye, the motion carried unanimously. 5. PUBLIC HEARING: CONSIDERATION OF A PROPOSED PLAT, P.S. #75-02 HENRIKSEN ADDITION, BY LEIF HENRIKSEN: Being a replat of parts of Lots 33 and 35, Auditor's Sub division No. 77, generally located West of East River Road and South of Logan Parkway. Mr. Leif Henriksen was present. MOTION by Drigans, seconded by'Scott, to open the Public Hearing, Upon a voice vote, all voting aye, Chairman Harris declared the Public Hearing open at 9:07 on a proposed plat, P.S. #75-02, Henriksen Addition, by Leif Henriksen.. Mr. Clark said this plat, under two different names, had been processed three different times, prior to this request. Each time it had been approved by the Planning Commission and the Council. Mr. Clark continued that in 1964, the then owner of the property, Mr. Harold Lorenz and the adjacent property owner, Mrs. Hale; presented a plat which was approved but never recorded. In 1969, a developer presented the.same plat, which was approved but never recorded, and in 1970, it was again brought in and approved, and for some reason was never recorded again. Now.since 5 years have passed, we told the petitioner that he would have to start all over again going through the Public Hearing process. Mr. Clark said there were. 8 lots in the proposed plat, and they all meet all the requirements as to total area and front footage. He said the,same stipulations that were necessary at the time of the other requests for this plat still exist. An easement must be granted between Lots 4 and 5 of t -he proposed plat, to allow the sewer to be brought out to serve the two houses that face East River Road, and also allow the water main to be.,looped out to the main on.East River Road, to ensure proper water circulation of the water system. Back in the previous approvals, it was noted, and it was still true, that other right of'ways are necessary to get access to this plat. We now have on file,a 25 foot easement on Lot 31 for street right of way, but we have nothing on file on Lot 34 to give the other half of the dedication, or to .provide adequate right of way to bring the street in from Riverview Terrace for public access to another public street. The Council had previously authorized the negotiations for these right of ways, but until we have a plat probably on file, the City,•if it spent any money, wouldn't have a project to assess it to, and that was one of the reasons these right of ways hadn't been acquired: Mr. Clark said that the Engineering Department had looked at this plat,. and has said that it was feasible to serve it with sewer and water, providing the right of ways were acquired. He said that James Nedrern was present, representing Ri.verwood School, and he had recalled some of the original conversations, and there was some dilemma back in previous approvals as to whether the access should go out to East River Road; or out to Riverview Terrace, or both. It was the consensus of the staff, Planning Commission, Streets & Utilities, and Council,•that the access should be to Riverview Terrace, and not go out to East River Road, because this was a blind inter- section. Chairman Harris asked if Lots 4 and 5 would be large enough to handle the sewer easement and still be buildable. Mr. Clark said they were. RICHARD DE LONG ATTORNEY AT LAW Mc COLL BUILDING: 366 JACKSON ST, SAINT PAUL, MN, 55101 PHONE 224-2655 August 2, 1975 Mr. Clyde Moravetz City df Fridley Clerks Office 6431 University Avenue N.E. Fridley, Minnesota 55 432 RE: Retzer Real estate, 1675 Mississippi St. Mr. Moravetz, I have reviewd the abstract of the Retzer real estate on which you allege that the City of Fridley has a drainage and utility easement and find that there was no such easement of record as of the date that the Retzers purchased the property and,therefore, there is no such easement valid as against them. I have accordingly advised them notto sign the Quitclaim deed whidi you prepared and which would grant to he City of Fridley an easement o-fer certain described portions of the perimeter of the property, In the event that you desire to proceed with obtaining such an easemnet, I suggest that you contact me regarding financial consideration to be paid to the Retzer's for such purpose. Sincerely, 'Richard De Long Attorney for Duane �zer cc Duane Retzer City ®f Fridley AT THE TOP OF THE TWINS i • _____ COMMUNITY DEVELOPMENT DIV. 7 L ' PROTECTIVE INSPECTION SEC. CITY HALL FRIDLEY • 55432 612-560-3450 SUBJECT APPLICATION TO BOARD , Of APPEALS NUMBER 910-F23 REV. 1 DATE 3/21/75 PAGE J OF 2 APPROVED BY 800 Name �'1 �►�� I� ®�C Address AJ �/ Phone ! 77 /38Z Legal Description 1,6t No. Block No. Tract or Addn. CL A k A rl®� Variance Request(s); including stated hardships (attach plat or survey of property showing building, variances, etc., where applicable) 4-b 422 ®CiQ 1ZT lJ'Pv LLO®� yr A- iy ek4ycsL 4© 1 -7 -JV £;t I r k�1V ��z Daae q -41^r7 Mee 'ng pate Fee Receipt No. Si ture Comments & Recommendations by the Bo Td of Appeals City Council Action and Date City ®f Fridley AT THE TOP OF THE TWINS SUBJEC( APPLICATION TO BOARD OF APPEALS r COMMUNITY DEVELOPMENT DIV. 1 L PROTECTIVE INSPECTION SEC. 1 CITY HALL FRIDLEY 55432 612-560-3450 (Staff Report) NUMBER 910-F23 REV. 1 DATE 3/21/75 PAGE OF 2 2 APPROVED BY 800 Staff Comments Board members notified of meeting by - - % % List members, date notified, and "Yes" or "No" for plans to Name,Date attend hearing. Plan To Attend e Pearson making appeal and the following property owners having property within 200 feet notified: By Whom Name Date Phone or Mail Notified M/M Vernon Nyberg -6561 McKinley M/M Sheldon Banjaminson-6547 McKinley M/M Marvin Girard -6531 McKinley M/M Richard Kok -6517 McKinley P M/M Richard Jarrak-1655 Mississippi St. G�Liei°i ne-'B'al l of -6550 McKinley Gary Rognrud-6536 McKinley M/M Donald Friedland -6526 McKin Thomas Hronski-1645 Mississippi M/M Michael Smith -1635 Mississippi M/M William Thompson -6556 Stinson Blvd. Ms. Jeanne Smestad-6512 Stinson Blvd. M/M Steven Christen -6530 Stinson Blvd. M/M John Gannon -6516 Stinson Blvd. E. F. Burke -1695 Mississippi M/M Duane Retzer-1675 Mississippi St. M/M Clarence Olson -1660 Mississippi Street