VAR 03.70APPLICATION TO THE BOARD OF APPEALS AND CITY COUNCIL
FOR SPECIAL USE PERMT, VARIANCE IN REQUIREMENTS OF
CERTAIN ORDINANCES OF THE CITY OF FRIDLEY
(Applicant to complete items 1, 2, 3)
1. Nana and Address of ApplicantZyeti. C'c"s 7idc7G�V-0 �t 1
2. Legal Description of Property (also general location, such ast"north-
east corner of 64th Avenue and 5th Street' or 6415 Fifth Street"),
3. Deacribe the variance requested. (Attach Flat or Suirvay ops PT�Verty
showing location of proposed building, etc., also adjoiaioO Tz,`)Pertles
and ownership within 200' of said property.)
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4. Comments by administrative official denying original Frequent for building
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permior other permit. (To be completed by administrative official.
Appropriate ordinances and section of ordinances to be cited.)
4
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-2-
5, Notice of jlearino appeared in official Newspaper on the following
detaa g o2
(must So at least ciOe 10 days before meeting -- copy o notice to
attached).
Dowd N.. ars snotified of meeting by `�`i�a = .l=„9; f 7!� °
(List Members, Date Notified, and "Too”or M� for platy to attend
�aep�iag) , •
Date plana to Attend
�• gmesec' mokl>aa appeal and the following property owners hevleag property
*01a 2001 notified%
By Phone Notified by
same Date or.A�. UnItial)
Is !'Mm Follo ving Board Mambers and interested parties were pysmant at the
•Meier:
ROOD MB MZU
614
otuAti,u a""A'ju - -190
ry\ aj-"j
q7
- 3 -
Ol'HEa PARTIES:
n
NAME
ADDRMS
TO n A
9, Opi¢niow and recommndstions by BOARD OF APPEALS:
hm ) )1. 1910: i1'1 O im ) .
i
IQ. F®� Above Ric ray 6sZatio ns Asia st Recomenadsti®ss
11. Action by City Council and Date:
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0 -ca IQ 0 Q AO
REGULAR COUNCIL MEETING OF MARCH 16, 1970 PAGE 10
i
MOTION by Councilman Harris to approve the lot split requested by Eugene Bonnett
as recommended by -the Planning Commission. Seconded by Councilman Sheridan.
Upon voice vote, all voting aye, Mayor Kirkham declared the.motion carried
unaniusly .
MOTION by Councilman Liebl to receive the Minutes of the Planning Commission
Meeting of March 4, 1970. Seconded by Councilman Sheridan.
The City Engineer pointed out that the Planning Commission passed a resolution
concerning making the information contained in the Land Use and Tax Survey
Repor available to public use. Councilman Sheridan asked if there should not
be a ee for this survey. Councilman Harris said that much time and effort
went into this survey and suggested a fee of $25.00. Mayor Kirkham said that
he felt that this would.be a..fair.figure. The City Engineer said that some
information relating to legal descriptions, valuations and census data
relative to individual parcels should be taken out.
MOTION AMENDED by Councilman Harris to direct the Administration to prepare
a s ry of the report for public use and set a, fee of $25.00. Seconded by
Counc lman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared
the endment carried unanimously.
THE VgTE upon the motion on receipt of the minutes, being a voice vote, all
voting aye, Mayor Kirkham declared the motion carried unanimously.
RECEIVING THE MINUTES OF THE BOARD OF APPEALS MEETING OF MARCH 11, 1970•
1. A REQUEST FOR VARIANCES OF SECTION 45.053, 4A, TO REDUCE THE FRONT YARD
D PTH REQUIREMENT FROM 34.6 FEET TO 27.6 FEET AND SECTION 45.053, 4B, TO
UCE THE SIDE YARD WIDTH REQUIREMENT FROM 10 FEET TO 7.9 FEET, TO ALLOW
TiE CONSTRUCTION OF AN ADDITION ONTO THE FRONT SECTION OF AN EXISTING
DWELLING LOCATED ON LOT 18, PART OF LOT 19, BLOCK 5, PLYMOUTH ADDITION,
IT SAME BEING 4705 MAIN STREET N.E., FRIDLEY, MINNESOTA. (RE UEST BY
LEN CONSTRUCTION INCORPORATED, 5125 QUAIL AVENUE NORTH, CRYSTAL,
The Ci y Engineer explained that this request if for a front yard and side
yard variance. The Board of Appeals recommended approval. They are proposing
an addition of 16 feet by 7 feet. The abutting property owners are in agree-
ment.
MOTION by Councilman Liebl to concur with the finding of the Board of Appeals
and grant the request. Seconded by Councilman Sheridan. Upon a voice vote,
all voiding aye, Mayor Kirkham declared the motion carried unanimously.
REGULAR COUNCIL MEETING OF MARCH 16, 1970 PAGE 9
Councilman Liebl suggested that the only solution may be a test case in court.
The Finance Director said that he has received many calls from people saying
that they either paid the $100 directly or indirectly. He said that he under-
stood that the check should be made out to the person the money was received
from. There have been no refunds sent out to date. The City Attorney said
that these people should be told to send in evidence of payment. The
Finance Director asked what criteria should be used: just their word, or
should they be required to sign some document. Mayor Kirkham said that he
thought that the money should be returned to the person who paid the City and s
if anyone else feels that they are entitled to the money, that is their pri-
vate affair.. The City Manager said that some feel that the connection charge
is part of the purchase price of their home. Councilman Breider said that he
agreed with Councilman Liebl, that this should be settled in court. It could
not just be thrown up for grabs. The Finance Director said that he has told
people that nothing will be done for perhaps 30 more days. Councilman Liebl
said that the people should be told that the Council is not clear on what
position to take and that this should be a court determination. Mayor Kirkham
said that the question arises, how do you ascertain if the person making the
request is entitled.to the money. The City Attorney said that if both
names are on the check, then they would have to resolve it. Councilman Breider
asked if there was any time limit for paying the money back. The Finance
Director said no, that most people seem to be worried that the money will be
returned too soon before they have a chance to talk to their builder. There
have been many more telephone calls than have written letters. Mayor Kirkham
said to tell the people that all refunds would be delayed until all the replies
are in, then the Council will proceed according to the new City Attorney's
instructions.
RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF MARCH 4, 1970:
1. REZONING REQUEST ZOA #70-02, STEVE CODDON: Lot 1, Block 3, Commerce
Park to rezone from C-1 (Local Business) to C-2 (General Business)
2. SPECIAL USE PERMIT REQUEST, SP #70-01, STEVE CODDON: Lot 1, Block 3,
Commerce Park. For automatic car wash, gasoline sales and self service
car wash.
MOTION by Councilman Harris to set the Public Hearing for the rezoning request
and.special use permit request -.by Steve Coddon for April 13, 1970. Seconded
by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham
declared the motion carried unanimously.
3. LOT SPLIT REQUEST, L.S. #70-02,.NUGENE BONNET: The rear 101 feet of
Lot 4, Block 1, Nagel's Woodlands
OFFICIAL NOTICE
CITY OF FRIDLEY
PUBLIC HEARING
BEFORE THE
BOARD OF APPEALS
TO WHOM IT MAY CONCERN:
NOTICE IS HEREBY GIVEN THAT the Board of Appeals of the City of Fridley
will meet in the Council Chamber of the City Hall at 7:30 P.M. on Wednesday,
March 11, 1970 to consider the following matter:
A request for variances of Section 45.053,
4A, to reduce the front yard depth requirement
from 35 feet to 27 feet, and Section 45.053,
4B, to reduce the side yard width requirement
from 10 feet to 7.9 feet, to allow the
construction of an addition onto the front
section of an existing dwelling located on
Lot 18, part of Lot 19, Block 5, Plymouth
Addition, the same being 4705 Main Street
N.E., Fridley, Minnesota. (Request by Allen
Construction, Incorporated, 5125 Quail
Avenue North, Crystal, Minnesota.)
Anyone desiring to be heard with reference to the above matter may be
heard at this meeting.
DONALD MITTELSTADT
CHAIRMAN
BOARD OF APPEALS
PUBLISH: February 25, 1970
OFFICIAL NOTICE
CITY OF FRIDLEY
PUBLIC HEARING
BEFORE THE
BOARD OF APPEALS
TO WHOM IT MAY CONCERN:
NOTICE IS HEREBY GIVEN THAT the Board of Appeals of the City of Fridley
will meet in the Council Chamber of the City Hall at 7:30 P.M. on Wednesday,
March 112 1970 to consider the following matter:
A request for variances of Section 45.053,
4A, to reduce the front yard depth requirement
from 35 feet to 27 feet, and,Section 45.053,
4B, to reduce the side yard width requirement
from 10 feet to 7.9 feet, to allow the
construction of an addition onto the front
section of an existing dwelling located on
Lot 18, part of Lot 19, Block 5, Plymouth
Addition, the same being 4705 Main Street
N.E., Fridley, Minnesota. (Request by Allen
Construction, Incorporated, 5125 Quail
Avenue North, Crystal, Minnesota.)
Anyone desiring to be heard with reference to the above matter may be
heard at this meeting.
DONALD MITTELSTADT
CHAIRMAN
BOARD OF APPEALS
PUBLISH: February 25, 1970
ALLEN CONSTRUCTION INC.
5125 Quail Ave No.
Crystal Mi.nnes6ta
55429
Phone - 535-1774
Mr. & Mrs. Stanley Hillstad
4705 NE Main
Fridley Minnesota
Dear Mr. & Mrs. Hillstad
We are remodeling 4705 NE Main the home of Ray Hames
We are adding a kithen ar a to the front of his home that will -
not exceed 8X161.
The room Will set back from the street 27' 6" (Main Street).
To comply With Fridley buihding codes it is nessary to have signatures
of residents Within 200 feet of structure.
We appreciate any comments While construction is in progress.
Thank you for your cooperation
Allen Construction Inc.
Signature of Approval
ALLEN CONSTRUCTION INC.
5125 Quail Ave No.
Crystal Minnesota
55429
Phone- 535-1774
Mr. & Mrs. Kenneth Shaw
4701 N.E . Main
Fridley Minnesota
Dear Mr. & Mrs. Shaw
We are remodeling 4705 NE Main the home of Ray James
We are adding a kithen area to the front of his home that will -
not exceed 8X16.
The room will set back from the street 27' 6" (Main Street) to -
comply with Fridley building codes it is nessary to have signatures
of residents within 200 feet of structure.
We appreciate any comments while construction is in progress.
Thank you for your cooperatbon
Allen Construction Inc.
Signature of approval
f
THE MINUTES OF THE BOARD OF APPEALS MEETING OF MARCH 11, 1970
The meeting was called to order by Acting Chairman Minish at 7:33 P.M.
MEMBERS PRESENT: Mittelstadt, Minish, Harris, Ahonen
MEMBERS ABSENT: O'Bannon
OTHERS PRESENT: Al Bagstad-Building Official
Clarence Belisle -Building Inspector
MOTION by Ahonen to approve the minutes of the February 11, 1970 meeting as
written.
Seconded by Harris. Upon a voice vote, there being no nays, the motion
carried unanimously.
1. A REQUEST FOR VARIANCES OF SECTION 45.053, 4A, TO REDUCE THE FRONT YARD
DEPTH REQUIREMENT FROM 35 FEET TO 27 FEET AND SECTION 45.053 4B TO REDUCE
THE SIDE YARD WWH REQUIREMENT FROM 10 FEET TO 7.9 FEET, TO ALLOW THE
CONSTRUCTION OF AN ADDITION ONTO THE FRONT SECTION OF AN EXISTING DWELLING
LOCATED ON LOT 18, PART OF LOT 19, BLOCK 52 PLYMOUTH ADDITION, THE SAME
BEING 4705 MAIN STREET N.E., FRIDLEY, MINNESOTA. (REQUEST BY ALLEN
CONSTRUCTION INCORPORATED, 5125 QUAIL AVENUE NORTH, CRYSTAL, MINNESOTA.)
Acting Chairman Minish asked Mr. Allen to come forward and present his
request.
Mr. Steve Allen, of Allen Construction Company, was present to present the
request. Mr. Allen explained that the addition would be an enlarging of the
present kitchen. The kitchen is now 8 feet by 10 feet, which includes the
setback for the cupboards, and with a table and chairs for a family of four
it is rather crowded. He stated further the proposed addition will increase
the size of the kitchen to 16 feet long by 8 feet wide. The sideyard
variance for this addition would only be an alignment with the present
structure.
Pictures of the present house and the two adjacent homes, taken by the
Building Inspector, were shown to the Board. Mr. Allen stated the two
adjacent homes had completed similar remodeling, and the pictures verified
this statement.
A survey, dated February 10, 1970, showing the house location and the
location of the proposed addition, and also the location of the two adjacent
homes, was presented to the Board for their review. The two adjacent
property owners had signed this survey showing that they had no objections
to the proposed work. Mr. Mittelstadt arrived at 7:45 P.M.
The measurements on the survey verified the house is now setback 34.6 feet
and with the proposed addition the setback would be 27.6 feet. This would
mean the applicant would need only a 7 foot variance instead of the 8 feet
that he requested. Mittelstadt pointed this out to the applicant and Mr.
Allen agreed. Mittelstadt also pointed out that since the adjacent neighbors
have already completed similar remodeling, the proposed addition would be
only 2.6 feet ahead of 4709 Main Street and 2.8 feet ahead of 4701 Main Street.
MOTION by Ahonen to close the public hearing.
Seconded by Harris. Upon a voice vote, there being no.nays, the motion
carried unanimously.
s
The Minutes of the Board of Appeals Meeting of March 11, 1970 Page 2
MOTION by Ahonen to recommen$:-to the City Council approval of the new variance
request, from 34.6 feet to 27.6 feet for the following reasons:
1. It has been shown that the additional kitchen space is needed.
2. The addition will not detract from the neighborhood structures.
3. The applicant had the concurrance of the adjacent property owners, and
there were no objections from surrounding neighbors.
4. The sideyard variance requested is just an alignment with the existing
structure.
Seconded by Harris. Upon a voice vote, there being no nays, the motion
passed unanimously. Mr. Mittelstadt did not vote.
Acting Chairman Minish then turned the meeting over to Chairman Mittelstadt.
Chairman Mittelstadt reported to the Board the City Council's action on the
Board of Appeals Meeting Minutes of February 11, 1970.
2. A REQUEST FOR
YARD REQUIREM
REDUCE THE REAR YARD REQUIREMENT FROM 25 FEET TO 10 FEET AND 55MON 4�.UO3,
PARAGRAPH 1, TO REDUCE THE LOT AREA REQUIREMENT FROM 10,000 SQUARE FEET TO
9,883 16 SQUARE FEET TO PERMIT THE CONSTRUCTION OF A TWO FAMILY DWELLING ON
LOT 17, BLOCK 1, MURDIX PARK ADDITION, THE SAME BEING 5453-55 7TH STREET N.E.,
FRIDLEY, MINNESOTA (REQUEST BY TWIN CITY APARTMENT DEVELOPERS, INC., 5747_
WEST BROADWAY, MINNEAPOLIS, MINNESOTA 55428.1
Mr. Robert Kullstrom, representing Twin City Apartment Developers, Inc., was
present to present the request. He presented plans of the duplex, and a
survey of the lot, showing the proposed dwelling on it,to the Board for their
review. He explained the duplex will face 7th Street with the driveway on
Cheri Lane. They had tried facing the duplex toward Cheri Lane but then the
cars would be backing out onto 7th Street.
Mr. Roger Axmark% 532 Highway #100, presented to the Board a petition that
read, "We the Undersigned Request that this variance be not granted", which
was signed by 12 property owners.
MOTION by Minish to receive the petition.
Seconded by Ahonen. Upon a voice vote, there being no nays, the motion passed
unanimously.
Mr. & Mrs. Axmark, Mrs. Agnes Burhite, Mrs. William Remarke, Mrs. Walter Olson
and Mrs. Wallace Schwab were in the audience to speak against the proposed
duplex. Their main reasons against it were as follows:
1. The lot is too small for a duplex as it doesn't allow enough yard space
for the children to play i-.
2. Rental people would not keep up the property like the people in the
neighborhood who own their homes.
The Minutes of the Board of Appeals Meeting of March 11, 1970 Paj 3
3. The duplex would devaluate their homes.
Chairman Mittelstadt explained the lot was large enough to accomodate a
duplex before part of the lot was taken for the highway.
Minish asked Mr. Kullstrom if his company had thought of building a single
family dwelling on the lot.
Mr. Kullstrom answered that they felt they would run into the same type of
variances with a single family dwelling.
Mrs. Remarke stated the people who had signed the petition against the duplex
had said they would not be opposed to a single family dwelling.
There was some discussion on the publishing of the public hearing notices
In the paper. Chairman Mittelstadt explained to the audience that since
the new Zoning Ordinance was adopted, it was no longer necessary to publish
the notices in the paper. Chairman Mittelstadt and Harris agreed that they
would still like to see the notices published in the paper.
MOTION by Ahonen to close the public hearing.
Seconded by Minish. Upon a voice vote, there being no nays, the motion
carried unanimously.
Chairman Mittelstadt summarized by saying there is indeed more disadvantages
than advantages in developing this property into a two family dwelling. He
then went over a few of the complaints that the surrounding neighbors had
talked about, and also -the -possibility of building a single family dwelling
on the land.
MOTION by Minish to recommend to the City Council denial of the requested
variances for the following reasons:
1. There was no hardship shown as a single family dwelling could be built
on the land which would forstall the objections of the surrounding
property owners.
2. There were adjacent property owners and surrounding property owners
that had complaints and objections to the duplex.
3. The building and detached garages would be taking up too much of the
lot and not leaving enough open space for '.he children to play.
Seconded by Ahonen.
Harris stated he felt the duplex would not fit into the overall neighborhood
as the neighbors all.have single family dwellings. He also felt that this
is another case of spot zoning which he is against.
Upon a voice vote, there being no .nays, the motion carried unanimously.
The Minutes of the Board of Appeals Meeting of March 11, 1970 Page 4
3. VARIANCE OF SECTION 56.05, PARAGRAPH 6A, TO INCREASE THE MAxim AGFA OF A
FREE STANDING_ IDENTIFICATION SIGN FROM 80 SQUARE FEET TO 300 SCUARE FEET
1411111
Mr. Bob Naegele and Mr. Harry Harkmeyer were present to present the request.
Me. Naegele explained the sign will be located a few feet East of the temporary
sign that is up now. It will be a back to back sign and this would be the
best location to catch the view of both the West bound and East bound traffic.
It will be a painted sign with a permanent message. It will be a free
standing sign without any guide wires and will be illuminated. The total
height of the sign will be 25 feet.
He explained the sign has been tested for wind pressure and it will with-
stand 30 pounds per square feet.
Ahonen asked Mr. Naegele why the sign had to be so large.
Mr. Naegele answered that it was partly because of the amount of letters to
be put on the sign and to make it readable while driving in freeway traffic.
He added further that Mr. Boahwitz, of Plywood Minnesota, had wanted a sign
that told people that he sold plywood and that this was the home of Plywood
Minnesota.
Chairman Mittelstadt read, to the Board members and the applicant, the parts
of the Sign Ordinance that applied in this case.
MOTION by Minish to close the public hearing.
Seconded by Harris. Upon a voice vote, there being no nays, the motion
carried unanimously.
MOTION by Ahonen to table the request to allow the members to view the size
of the signs in the same area.
The motion died for lack of a second.
MOTION by Minish to recommend to the City Council approval of the request
for the following reasons:
1. The number of letters that make up the sign make it difficult to keep
the sign within the confines ol: the Sign Ordinance.
2. It is located by the freeway and a larger sign is needed to make it
easily readable in fast moving traffic.
3. It will be the same size as the "Welcome to Fridley" sign located on
University Avenue.
4. The petitioner was made aware of the requirements he has to meet and
'he agreed to them.
A
The Minutes of the Board of Appeals Meeting of March 11, 1970 Paae 5
Seconded by Harris. Upon a voice vote, Minish, Harris and Mittelstadt
voting aye, Ahonen voting nay, the motion carried.
AWOURNMNT :
The meeting was adjourned by Chairman Mittelstadt at 9:15 P.M.
Respectfully submitted,
MARY TINT
Secretary
t�
ALLENICONSTRUCTION INC.
5125 Quail Ave No.
Crystal Minnesota
Mr. &. Mrs. Stanley Hillstad
4709 NE Main.
Fridely Minnesota
Dear Mr. & Mrs. Hillstad
We are remAdeling 4705 NE Main, the home of Ray fames.
The addition will not exceed I8 X16 feet on the front of his home.
The new addition will be used as a added kitcheah area.
To comply with Fridely building codes it is nessary to have
signatures of residents within 200 febt of structure.
Debris will be kept at a minimuim while construction is being completed.
Thank you for your cooperation
Allen Construction Inc.
S3dnature of Approval
r
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ALLEN CONSTRUCTION INC.
5125 Quail Ave No.
Crystal Minnesota
55429
Mr. & Mrs. Kenneth Shaw
4701 N.E. Main
Fridely Minnesota
Dear Mr. & Mrs. Shaw
We are remodeling 4705 NE Main,, the home of Ray James.
The addition will not exceed 8 X 16 on the front of his home.
The new addition will be ased as a added kitchen area.
To comply with Fridely building codes it is nessary to have
signatures of residents within 200 feet of structure.
Debree will be kept at a minimum while construction is being completed.
Thank you for your cooperation
Allen; Construction Inc.
Signature of Approval
GERALD T. COINES U C H y
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LAND
REGISTERED UNDER LAWS OF STATE OF NIINNE,50TA
LICENSED BY OLDINANCE OF CTTY Or MINNEAPOLIS
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Lot 18 and the South j feet , front and rear, of Lot 19, NO&' 5,
Flymouth, r,.Boka County, MinnezotR
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tion of a survey of the boundaries of the Above described Signed . �1 =:fir=gig :.sr.,r
land and the location of all buildings and visible encroach SLOT SURVEYS CaMPANY y
ments. if any, from or on said land.
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Lot 18 and the South j feet , front and rear, of Lot 19, NO&' 5,
Flymouth, r,.Boka County, MinnezotR
We hereby certify that this is a true end correct represenrA. r!^ 1
tion of a survey of the boundaries of the Above described Signed . �1 =:fir=gig :.sr.,r
land and the location of all buildings and visible encroach SLOT SURVEYS CaMPANY y
ments. if any, from or on said land.
Surveyed by us this-IC-Udiy of __ Feb.. __, 19,7-0
GERALD T. GOYNELOT SURVEYS' COMPANYa69170IDAH0 AVA
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GCLDEN VALLEY, MINN I,AND SURVEYORS BROOKLYN PARK, miNN
REGISTERED UNDER LAWS Or STATE Or MINNESOTA
LICENSER BY ORDINANCE OF CITY OF MINNEAPOLIS
6917 Idahn Aye. N. 5.33-9922
Minneapolis, Minnesota 5.i328
NDUSAL - JUDICIAL *urbepvrz Certificate LAND INC atNG THAN 30 YEARS OF
:fjtA".�EHCiAL TOPOGRAPHICAL 1..4NC SCRVE'i It.:G EXPERIENCE IN THE
CITY LOTS PLATTING ",ETROP0L jTAN AkEA
Survey For INVOICE NO* 2882
�:"N CON&M CTION- INC. F. • 135-34
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SCAM 1"= 209
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NO.4 709
112 -story -Stucco
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NO.4705 14 � W
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4 NO, 4701
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Lot 18 " the South 3 feet , front and z4mr of Lot 190.11140k 5s
Flymuth, Anoka. CouZity, 9-j=esota
We hereby certify that this rs s true and correct representa-
tion of a survey of the boundaries of the above described $jmeLl W
land and the location of all buildings and visible encroach- /j,vT SURVEYS CCOMPALNY
menta, if any, from or on said land.
Surveyed by as this JMday of �_ FAbA ___, IPt• v
'a ATTENTION OF:
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DATE
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DATE SIGNATURE
RETURN THIS COPY TO ORIGINATOR
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