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LS 72-06City of Fridley PLATS & SUBDIyISIONS- STREETS & UTILITIES SUBCOMMITTEE MEETING AUGUST 9, 1472 LL TO ORDER: The meeting was called to order by Chairman Sch*edeke at 7;05 P.M, LOLL CA : Members Present: Schmedeke, Forster, French, Meissner, gngdeh Members Absent: None Others Present: Darrel Clark, Engineering Assistant V499 1 1, COKINUED: LOT SPLIT REQUEST: L.S. #'72-06, MRS. MARION JOHNSON; hot It dock 2, Moore Lake Highlands. To gain one additional building ester Present for the request: Mrs. Marion Johnson and Mr. Dennis C911ins, Mr. Clark referred to the letter he had written to Mr. Terragcq Pa4logn 9n July 26, 1972 giving him notice of the lot split. Mr. Paulson had not answered. Mr. Meissner said that he drove by the area and looked at the site. go w9gj# like to say he was not exactly overly happy with the situation but that ale feels hte to a good piece of land that is probably buildable. He thoughts his original 9 jgctioa has since been cleared up. He was a little bit concernod by the fg9t we will still have a lot that will not meet the area requirement, but it still o9meq closer than it has on some other requests. Mr. French asked if Mr. Collins, who was interested in purchasing toe lot, ha4 some idea of what he was going to build. Mr. Clark said that he had discussed this with Mr. Collins. Thq 4#veWsy would be about 25 feet wide. The car could be parked in front of'the lot a44 pet heading out into the street. Mr, Clark said that Mr. Collins would have to go to the Aoard of Appealq as be g9u14 be encroaching, on Mrs. Johnson's property with his rear yero. The HQw hegse Would be 35 feet back on the lot while Mr. Paulson's is 70 feet bac4 fr914 Wssis$ippi Street. He continued that the City would want a 12 foot s�dpwalX O#sement in case Mississippi Street was widened. Sewer and water is in} on 4le gtreet and no problem. MO!rZQN by French, seconded by Neissner, that the Plats Ug4l ties Subcommittee recommend approval to the Planning Cvmmias4pn of thq? TO# S,p44t Request, L.S. M-06, by Mrs. Marion w7o+hnson for I,ot .1, Block g, Moorg ,j qj HlghUnds subject,to frantage being pn Able Street, the minimum dot width ON deet, jed1o4ting 12' deet .for sidewalk easement on the North lot line ndaacent to IfifV44- s4ppj Streat, and the driveway access to the lot be .from Able Street, VfKm d F'94ce yp'te, all voting aye, the motion carried unanimously. u Plate & Subs.-Str. & Uti1. Meeting - August 9, 1972 Fa Mr. Claris said that t:iere may be some additional assessments if and when, th- lot split is recorded and built on. Z, WT SPLIT REQUEST: L.S. #72-07, BY JOHN KOPROWSKI: Lot 13, Au4itor's $4b°y division No. 23. Three building sites. (6470 Riverview Terrace), Mr. Koprowski was not on the agenda but had hoped to get some dtrectiqu ft9p the subcommittee on his lot split. Mr, Clark explained that this lot had been owned by Paul. $eases. The let rubes up to the Mississippi River. The recent lot split for Mr. Xctcalfa, wh�;,h 4$ in this same area, and this lot differ in one respect. The Meficalfs house 40 gl.tgated much the same, but the existing house on this man's property could As$ est to the sewer by gravity. He would have to have a pump. The grgparty is pp'gaO multiple. The house is a small structure and the garage is near the river. The IQ$ would be split in about thirds. The area towards the river would be 113 fsgi widap the next lot 120 feet wide and the third lot would be east of FAvorviaw Te;race. Mr. KoprowSki will have to make some kind of arraugemen� Cp`#et Qvt is Riverview Terrace as there is no street from his house, M8+ Koprowski said he was thinking of building a fourplex.Becauss he did p.p� hgve the correct figures for the land area, it was suggested he coneult with th8 ;rt&4eerin$ Department. The item was tabled until the Subcommittee hears from the petttigrte'v. WOURNMENT: MyQTZQN by Melssner, seconded by French, that the Plats 4 VOIJI ties Subcommittee adjourn the meeting at 7:50 P.M. Upon a voice kipte, 4j4 vgting aye, the motion carried unanimously. Respectfully, submitted Hazel 0�Brian Recording Secretary *, RECEIPT Cts 3rdley 6431 University Ave. N. E. Fridley, Minnesota 55432 Tel. 560-3450 RECEIVED OF $ Lo ADDRESS FOR FUND CODE AMOUNT Marvin C. Brunsell Treasurer By........... METROPOLITAN BUSINESS FORMS , ST. PAUL, MN- 55105 62635 . 9, APPLICATION y APPLICATION TO THE HOARD OF APPEALS AND&tTW CGUNGIL FOR SPECIAL USE PERMIT, VARIANCE IN REQUIRMN S OP' CERTAM ORDINANCES OF THE CITY OF FRIDLE'Y (Applicant to complete items 1, 2, 3) 1. Name and Address of Applican eve, E- 2. Legal Description of Property (also general locaticn, such ns:"noirth- east corner of 64th Avenue and 5th Street1° or 6415 Fifth Street") �6 I�1/l �'ss ► ss �1010, 11-4 JOA 1p noolee kra(ee- 3. Describe the variance requested. (Atrach Plat or Sarylly- ref property ohowing location of proposed building, ate., alio adjointas properties and ownership within 200' of said property.) 4. Conts by administrative official denying original request for buildins pemit or other permit. (To be completed by adwinfatrativa official. Appropriate ordinances and section of ordinances, to be cited.) S. Notice of Hearing appeared dates$ (meet be at least once 10 attached). - 2 - Official Newspaper on the following d. Board Members notified of meeting by - a ��� /g/),' (List Members, Date Notified, and "Hes" or "NJ&- for plans to attend - hearing), $ Nam C hu_ Ute L�a2�t 7. Person making appeal and the within 2001 notified: Date m Attesd . �- d.� AJO 0 Io" property omers having property saw Date By Phone Notified by of VAi1(Initis l) So fte Following Board Members and interested parties were present at the Hearings BOARD MWSRS 3 - OTHER PARTIES: 9. Opinions and recommendations by BOARD OF APPEALS: 10. For Above Recommendations N 11.-Iction by City Council and Date: Against•Recommendations v AW Mol OF ­w� Iv 4151 . . . . . . . . . .• IN , 1 10. - A& ...... ...... 115 Ow���'� 14- , It, Zm K,4 IF c - 41 PF., '7-2 3-2 5 a �4 V, Ail' g 4br j . A g, 4 �Y Planning Commission Meeti_ nom_-_ tuausr 9, 1972 Page 10 MOTION by Minish, recorded the Public Hearing of the ' by Robert McGregor. Upon a voice unanimously. by 7ecr.'• n, that the Planning Commission Crlose Pre ,_ mirnary Flat, P.S. #72-Q3, Timber Ridge votes•, all voting aye, the motion carried Comment was made about using gutters on the houses and Mr. DeZurik said that unless it was absolutely necessary, Mr. McGregor does not intend using gutters because he felt they added very little to the aesthetics. If possible they would prefer not to have gutters in the stipulation, but have the wordipg in such a way that they would be open to other alternates. That would bq appreciated. Mr. Clark stated that the Association By -Laws will have to be approved by the City Attorney. He believed there should be a statement whereby the petitioner does recognize there could be an erosion problem with Units 33, 34 and 35 w#h drainage and grading, and the building permits note it thereon. This may or may not be taken care of in the By -Laws of the Associatton. Mr. DeZurik said if the Home Owners' Association should Change the land in some, they would not want to be responsible. MOTION by Minish, seconded by Schmedeke, that the Planning Commission .recommend approval to Council of the Preliminary Plat, P.S. #72-05, Timber Rim, by Robert L. McGregor being the North 824.7'of the West Quarter of the Northeast Quarter of the Northeast Quarter of Section 14, and that the FINAL ELAN of the Townhouse Development be approved subject to showing on the plat the land dedicated to the City for park land, satisfactory arrangement for indemnification to the Cjty in the event an erosion problem develops along the bank, approval of the By -Laws of the Association subject to study by the City Attorney, deposit- with the administration of $500 for park escrow, accept- able drainage and grading on the bank improvement to retain soil. Upon a voice vote, all voting aye, the motion carried unanimously. 5. LOT SPLIT REQUEST: L.S. 4672-06, MRS. MARION JOHNSON: Lot 1, Block 1, / Moore Lake Highlands. To gain one additional building site. Representing the petition: Mrs. Marion Johnson and Mr. Dennis Collins. Mr. Schmedeke explained that the Plats & Subdivisions -Streets & Utilities Subcommittee met at 7:00 P.M. this evening. They approved the lot split. The frgntage is to be on Able Street, a 12 foot sidewalk easement is to be given on the North. The members of the Subcommittee had walked the area. The homes to the'South are a smaller type; the home to the East is set back quite far. I Mrs. Johnson'$ home sets back quite far also. The second home sets forward. Witt} this in mind, the Subcommittee approved the request because the proposed house will conform to the neighborhood. Mr. Clark said the size of the new lot would be 80'x100'. The person who contemplates building will set his house back 35 feet from Mississippi. There will be a tuck -under garage with access 25 or 30 feet back from Mississippi and access off Able Street. The rear yard would be 19 feet and there would be 4bogt 20 feet between the East side and East lot line. He was told he would have to go for variances on the rear yard before he started to build. o .. Planning Commission Meeting - August 9, 1972 Page 11_� Mr. Schmedeke added that the neighbor, Mr. Paulson, was written a letter informing him of the lot split. He didn't answer or show up. Mrs. Johnson said that she spoke to him and he didn't object. Mr. Clark said the new house would set further away from Able Street by S or 10 feet. The house will face Mississippi Street with the tuck -under garage exiting on Able Street. Because the rear yard would be encroaching on the petitioner's house, there probably wouldn't be any objectlgns. MOTION by Schmedeke, seconded by Zeglep, that the Planning Commission recommend approval to the City Council of the Lot Split Request, L.S. #7,Z-06, by Mrs. Marion Johnson of Lot 1, Block 1, Moore Lake Highlands subject to the frontage being on Able Street, the lot to be a minimum of 80 feet, a 42, fgp't sigewalk easement on the North lot line adjacent to Mississippi Street be dedicated, and driveway access to the lot be from Able Street. Upon a voice vote, all voting aye, the motion carried unanimously. AJOURNMENT : There being no further business, Chairman Erickson adjourned the meeting at 11:20 P.M. Respectfully submitted Hazel O'Brian Recording Secretary GERALD T. COYNE 300 BRUNSVVICK AVE. S. GOLDEN VALLEY, MINN. MINN. REG. NO. 4741 INDUSTRIAL — JUDICIAL COMMERCIAL — TOPOGRAPHICAL CITY LOTS — PLATTING BOND BUILDERS LAND SURVEYORS REGISTERED UNDr.R LAWS or STATE Or miNNEsoTA LICENSED BY ORDINANCE Or CITY Or UINNEArOLIS 5747 W. Broadway 533-9922 Minneapolis, Minnesota 55428 Surbepar!5 ertif f cate 9/0 L. S. #72-06 L. 1, Bl. 2, Moore Lk. Highlands. Split into 2 lots: 80x100 & 120x100 '1! 1�1�ssrss+��t RAYMOND A. PRASCH 6917 IDAHO AVE. N. BROOKLYN PARK, MINN. MINN. REG. NO. X743 INVOICE NO. •%' F.B. NO. SCALE 1” _ e - a Denote;; Iron Re»gavpsp �4`'`' tt t'1 ii h d^ corms a c' Csn 0 �1ltISld.r. 14% 1. ailLl I :'•'ogre Lake Hi4nlanas ! i •j r I, t We heroby enrt;fy that thus is a true and cvrrc.t rep;nsentat on �• r Of a survey of ma buund.nigs of the :rtwve de:r„krti lar.,-! and .. t4r Iwatr,n of all Lucldmo acid visibla er,eroachntents, it any. /rem or on said !xnd. Survoyed by us chi �_1- ' clay of (_�1n .% 5i�pa r t LOT SURV1: 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 Tuesday, August 29, 1972 to consider the following matter: A request for a variance of Section 45.053, 4C, Fridley City Code, to reduce.the minimum rear yard depth from 25 feet to 19 feet to allow the construction of a dwelling to be located on N. 80' of Lot 1, Block 2, Moore Lake Highlands, the same being 910 Mississippi Street N.E., Fridley, Minnesota. (Request by Mr. Dennis Collins, 3804 Highcrest Road N.E., Minneapolis, Minnesota .) Anyone who desires to be heard with reference to the above matter may be heard at this meeting. ROBERT A. MINISH CHAIRMAN BOARD OF APPEALS OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE BOARD OF APPEALS TO WHOM IT MAY CONCERN: f 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 Tuesday, August 29, 1972 to consider the following matter: 8 A request for a variance of Section 45.053, 4C, Fridley City Code, to reduce the minimum rear yard depth from 25 feet to 19 feet to allow the construction of a dwelling to be located on N. 80' of Lot 1, Block 2, Moore Lake Highlands, the same being 910 Mississippi Street N.E., Fridley, Minnesota. (Request by Mr. Dennis Collins, 3804 'Highcrest Road N.E., Minneapolis, Minnesota .) Anyone who desires to be heard with reference to the above matter may be heard at this meeting. ROBERT A. MINISH CHAIRMAN BOARD OF APPEALS 4 Pr i 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 Tuesday, August 29, 1972 to consider the following matter: A request for a variance of Section 45.053, 4C, Fridley City Code, to reduce the minimum rear yard depth from 25 feet to 19 feet to allow the construction of a dwelling to be located on N. 80' of • Lot 1, Block 2, Moore Lake Highlands, the same being 910 Mississippi Street N.E., Fridley, Minnesota. (Request by Mr. Dennis Collins, 3804 Highcrest Road N.E., Minneapolis, Minnesota .) Anyone who desires to be heard with reference to the above matter may be heard at this meeting. ROBERT A. MINISH CHAIRMAN BOARD OF APPEALS OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE BOARD OF APPEALS TO WHOM IT MAY CONCERN: r 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 Tuesday, August 29, 1972 to consider the following matter: A request for a variance of Section 45.053, 4C, Fridley City Code, to reduce the minimum rear yard depth from 25 feet to 19 feet to allow the construction of a dwelling to be located on N. 80' of • Lot 1, Block 2, Moore Lake Highlands, the same being 910 Mississippi Street N.E., Fridley, Minnesota. (Request by Mr. Dennis Collins, 3804 Highcrest Road N.E., Minneapolis, Minnesota .) Anyone who desires to be heard with reference to the above matter may be heard at this meeting. ROBERT A. MINISH CHAIRMAN BOARD OF APPEALS The Minutes of the Board of Appeals of i,lsust. 29, 19;2 Page 4 3. A REQUEST FOR A VARIANCE OF SECTION 45.05',, 4C. FRIDLEY CITY Co)E, TO REDUCE THE MINIMUM REAR YARD DEPTH FROM 2� FEET T(! 19 FEET TO ALLOW THE CONSTRUCTION OF A DWELLING TO BE LOCATED ON THE NORTH 8C FEET OF LOT 1, BLOCK 2, MOORE U KE H1CHLANDS, THE SAME BEING 910 MISSISSIPPI STREET N.E., FRIDLEY, MINNESOTA. (REQUEST BY AR. DENNIS COLLINS, 3804 HIGHCREST ROAD N.E., MINNLAPOLIS, MINNESOTA.) Mr. Collins was present to present the request. A survey of the property and a sketch of the House on the lot were presented to the Board. Mr. Collins stated the Planning Commission had approved the lot split on Lot 1 on August 9, 1972. The result of the lot split was this 80 .foot by 100 foot lot. He added the house will be 26 feet by 50 feet and have a tuck under garage that will exit onto Able Street. The other setback requirements have been met. There is no other way to position the house on the lot. Mr. Crowder stated the Plats and Subs. Subcommittee and the Planning Commission, in essence, created a substandard lot by approving the lot split. Mr. Belisle said that the Code states where lot splits are permitted, the lot does not have to have the minimum lot area. Mr. Collins added there will be 30 feet between the back of his house and the side of the adjoining house. MOTION by Crowder, seconded by Harju to close the public hearing. Upon a voice vote, there being no nays, the motion carried unanimously. Mr. Harju stated the request seems reasonable since the lot was split. He felt a person should have a right to build on this lot and the variance is only decreasing his own back yard and presumably there would be a privacy fence put up if there are any problems. Mr. Crowder stated there is definitely a hardship because of the lut split. MOTION by Crowder to recommend to Council approval of the request to reduce the rear yard from 25 feet to 19 feet. Seconded by Harju. Upon a voice vote, there being no nays, the motion carried unanimously. 4. A REOUEST FOR VARIANCES OF; SECTION 45.104, 2A, FRIDLEY CITY CODE, TO REDUCE THE NUMBER OF PARKING SPACES REQUIRED FOR 341 SEATING SPACES FROM 86 TO 77 AND SECTION 45.103, 4C, 1 TO REDUCE THE REAR YARD REQUIREMENT FROM 25 FEET TO 7 FEET. TO ALLOW THE CONSTRUCTION OF AN ADDITION TO AN EXISTING BUILDING LOCATED ON LOTS 16 & 17, AUDITORS SUBDIVISION #88, THF. SAIE.E BEING 6161 HIGHWAY #65 N.E., FRIDLEY, MINNESOTA (REQUEST BY MR WILLIAM NICKLOW, 6161 HIGHWAY #65 N.E., FRIDLFY, MINNESOTA. Mr. William Nicklow was present to present the request. MOTION by Harju, seconded by Crowder, to waive reading the public hearing notice. Upon a voice vote, there being no nays, the motion carried unanimously. Mr. Wyman Smith, Attorney for St. Anthony Village Shopping Center, Inc., and Mr. Max Saliterman, representing Sears, were present to object to the variances. REGULAR COUNCIL MEETING OF SEPTEMBER 11, 1972 The Citgo Engineer reported that Item #2 - a request by Midwest Van � Storage Inas been withdrawn. PAGE 12 A ZEST FOR A VARIANCE OF SECTION 45.053, 4C, FRIDLEY CITY CODE, TO REDUCE THE MINIMUM REAR YARD DEPTH FROM 25 FEET TO 19 FEET TO ALLOW THE CONSTRUCTION OF A DWELLING TO BE LOCATED ON THE NORTH 80 FEET OF LOT 1, BLOCK 2. NCOORE LAKE HIGHLANDS. THE SAME BEING 910 MISSISSIPPI STREET N.E. MOTION by -Councilman Utter to concur in approval of the variance requested by Mr. Dennis Collins. Seconded by Councilman Mittelstadt. Upon a voice - vote, all ayes, Mayor Liebl declared the motion carried unanimously. The City Engineer reported that Item #4 - variances requested by William Nick% are still pending before the Board. MOTION by Cncilman Breider to receive the Minutes of the Board of Appeals Meets of .August 29, 1972. Seconded by Councilman Utter. Upon a voice vote„ all ayes, Mayor Liebl declared the motion carried unanimously. R=IVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF AUGUST 23, 1972: =ON by Co=cilman Breider to receive the Minutes of the Planning Com- mission Meeting of August 23, 1972. Seconded by Councilman Utter. Upon at voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF ISLAND OF PEACE COMMITTEE REQUEST FOR ADVANCEMENT OF FUNDS: Councilman Mittelstadt reported that he had received some input that the feeling was that the Committee ought to have approved or disapproved of this letter before it came to Council. The Committee has not seen this letter. Mayor Liebl agreed that the Chairman should not have written the letter if it was not approved by the Committee. He said he would like to have the City Manager, and the City Attorney meet with the Committee to iron out some disagreements between some of the men. The City Attorney said that some of the members have indicated that they would 11ke to see the Committee enlarged to encompass people with different backgrounds. He said he understood there was to be an Island of Peace Committee meeting on Wednesday, September 13th, and he would be glad to attend. The City Manager reported that he suggested to Mr. Olson that this letter be submitted to the Council on the basis that he would not have the authority to expend City funds without formal Council authorization. He had suggested this letter be prepared because there are bills pending and he felt the Council should be aware of these expenses.