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SAV04-03 CITY OF FRIDLEY 6431 UNIVERSITY AVENUE FRIDLEY, MN 55432 (763) 572-3592 COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION FOR: Vacation of Street, Alley or Easement PROPERTY INF RMATLON: (certificate of urvey required for submittal, see attached) Address: Property Identification Number: Legal Description: Lo Block Tract/Addition Current Zoning: uare footage/acreage: Legal Description of Street, A or Eas ant to be Vacated: Reason for ValCation: Have you operated a usiness in a city which required a business license? Yes No Y If Yes, which City? If Yes, what type of business? Was that license ever denied or revoked? Yes No IVAIAIA/AIAIAIAIAIAIAIAIAIIVAIAIA/A/AIAIAIAIA/A/AIA/AIAIAIAI AIAIAIIyIAIAIAIAIAIAIAIAIAYAIAIA/A/AIIVA/A/A/AIAIA/IVNAIAII..AIIVAIAIAIIVIVA/IVAIA/AIA/A/AIAI FEE OWNER INFORMATION (as it appears on the property title) (Contract urchasers: a owner must sign this form prior to processing.) NAME: \IPA-,, rrv\ ADDRESS: DAYTIME PHONE: 75K SIGNATURE/D TE: 'z. -!- i /IIV.VAIN/VIS.../VIVIVAIIVA.IIVNIV/V1VIVIV/YIIIVIVIV1VI/N/VI.IIV1V IVIVA.//11VI.II..YINIV I.AV IV//IV/rIY1V.VIVAINIVI/1VIV/VVIVIVNIV 1VNIVA./IVIV.VIYIVV/�I PETITIONER INFORMATION NAME: ADDRESS: DAYTIME PHONE: SIGNATURE/DATE: A A 1/1 FEES Fee: $1,250.00 Application Number: C �'' Receipt#: 411b Received By: Scheduled Planning Commission Date: - -O Scheduled City Council Date: 10 Day Application Com lete Notification Date: - 60 Day Date: -1-D CITYOF FRIDLEY FRIDLEY MUNICIPAL CENTER•6431 UNIVERSITY AVE.N.E.FRIDLEY,MN 55432•(763)571-3450•FAX(763)571-1287 September 13, 2004 Yoava Klucsar 1420 Rice Creek Road Fridley MN 55432 Dear Mr. Klucsar: Per Minnesota Statute 15.99, local government units are required to notify land use applicants within 10 working days if their land use applications are complete. We officially received your application for a vacation and plat on September 3, 2004. This letter serves to inform you that your application is complete. Your Vacation and Plat application hearing and discussion will take place at the City of Fridley Planning Commission Meeting on October 6, 2004 at 7:30 P.M. in the City Council Chambers at 6431 University Avenue. The City of Fridley City Council will take final action on your vacation on October 25, 2004 at 7:30 P.M. You, as the petitioner must attend both of these meetings. If you have any questions regarding this letter or the process, please feel free to contact me at 763-572-3595. Sincerely, Stacy S "mberg Planner cc: Eugene Jankowski 2812 31St Avenue NE St. Anthony MN 55418 C-04-92 F Jon C City of Fridley (Official Publication) PUBLIC HEARING BEFORE THE PLANNING COMMISSION Notice'is hereby given that there Will be a public hearing of the Fridley Planning Commission at the FridleyMunicipai Center, 6431 day,October 6,2004,at 7 30 p.m. enue Wednesday,. for the purpose of Consideration of a street and alley ucsar,to tion,SAV#04-03,by vacate an unimproved portion of Carlton Street and an unimproved J2 toot alley, located on the northwest side of the peti- tioner's property,these vacations would allow a plat Without encumbrances,gen- erally located at 1420 Rice Creek Road NE,the legal descriptions ase as follows: The East half of that p n.ofv Carlton Street (as platted Addition to Fridley);adjoining Lot 30, Block 2,Irvington Addition to Fridley. AND The West half of that part of the alley (as platted in Irvington Addition to Fridley)adjoining Lot 30,Block 2, Irvington Addition to Fridley. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. Any questions'reiat- ed to this item may be referred to Stacy Stromberg,Planner at 763-572-3595•" Hearing impaired persons planning to attend who need an interpreter or other persons with disabilitje$Who require auxiliary aid$ srtZuid.contact 6}g 4rta COikr>£,at 7�..�72- 3500 no later than October 1 2., TDD number is 763-572-3534. DIANE SAVAGE CHAIR PLANNING COMMISSION Publish: September 23,2004 (Sept.23,2004)f2/sav 04=03-kiucsar PUBLIC HEARING BEFORE THE PLANNING COMMISSION Notice is hereby given that there will be a public hearing of the Fridley Planning Commission at the Fridley Municipal Center, 6431 University Avenue N.E . on Wednesday, October 6, 2004 , at 7 :30 p.m. for the purpose of: Consideration of a street and alley vacation, SAV #04-03, by Yoava Klucsar, to vacate an unimproved portion of Carlton Street and an unimproved 12 foot alley, located on the northeast side of the petitioner' s property, these vacations would allow a plat without encumbrances, generally located at 1420 Rice Creek Road NE, the legal descriptions are as follows : The East half of that part of Carlton Street (as platted in Irvington Addition to Fridley) , adjoining Lot 30, Block 2, Irvington Addition to Fridley. AND The West half of that part of the alley (as platted in Irvington Addition to Fridley) adjoining Lot 30, Block 2, Irvington Addition to Fridley. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place . Any questions related to this item may be referred to Stacy Stromberg, Planner at 763-572-3595 . Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no later than October 1, 2004 . The TDD number is 763-572-3534 . DIANE SAVAGE CHAIR PLANNING COMMISSION Publish: September 23, 2004 CITY OF FRIDLEY PUBLIC HEARING NOTICE BEFORE THE PLANNING COMMISSION TO: All property owners/residents within 350 feet of property generally located at 1420 Rice Creek Road NE. CASE NUMBER: Vacation, SAV #04-03 APPLICANT. Yoava Klucsar Petitioner or representative must attend the Planning Commission meeting. PURPOSE: To vacate an unimproved portion of Carlton Street and an unimproved 12 foot alley, located on the northeast side of the petitioner's property. LOCATION OF 1420 Rice Creek Road NE PROPERTY AND LEGAL The East half of that part of Carlton Street (as platted in DESCRIPTION: Irvington Addition to Fridley), adjoining Lot 30, Block 2, Irvington Addition to Fridley. AND The West half of that part of the alley (as platted in Irvington Addition to Fridley), adjoining Lot 30, Block 2, Irvington Addition to Fridley. DATE AND TIME OF Planning Commission Meeting: HEARING: Wednesday, October 6, 2004, at 7:30 p.m. The Planning Commission Meetings are televised live the night of the meeting on Channel 17. PLACE OF Fridley Municipal Center, City Council Chambers HEARING: 6431 University Avenue N.E., Fridley, MN HOW TO 1. You may attend hearings and testify. PARTICIPATE. 2. You may send a letter before the hearing to Stacy Stromberg, Planner, at 6431 University Avenue N.E., Fridley, MN 55432 or FAX at 763-571-1287. SPECIAL Hearing impaired persons planning to attend who need an ACCOMODATIONS: Interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no later than October 1, 2004. The TDD # is 763-572-3534. ANY QUESTIONS: Contact Stacy Stromberg, Planner, at 763-572-3595. Publish: September 23, 2004 CITY OF FRIDLEY PUBLIC HEARING NOTICE BEFORE THE PLANNING COMMISSION TO: All property owners/residents within 350 feet of property generally located at 1420 Rice Creek Road NE. CASE NUMBER: Preliminary Plat, PS #04-05 APPLICANT. Yoava Klucsar Petitioner or representative must attend the Planning Commission meeting. PURPOSE: To divide one single family lot into two single family lots. LOCATION OF 1420 Rice Creek Road NE PROPERTY AND LEGAL Lot 30, Block 2, Irvington Addition to Fridley. Also land DESCRIPTION: compromised in what was formerly known as Lots 16 to 29, inclusive, Block 2, and all of land comprised in a 60 foot street running north and south between Blocks 2 and 3 and West half of alley running north and south through said Block 2, and the portion of the 30 foot street south of said property which abuts on the foregoing described property, all in what was formerly Irvington's Addition to Fridley, Anoka County, Minnesota, said addition being heretofore duly vacated; now known as Lot 14, Auditor's Subdivision Number 22,the south 390 feet thereof. DATE AND TIME OF Planning Commission Meeting: HEARING: Wednesday, October 6, 2004, at 7:30 p.m. The Planning Commission Meetings are televised live the night of the meeting on Channel 17. PLACE OF Fridley Municipal Center, City Council Chambers HEARING: 6431 University Avenue N.E., Fridley, MN HOW TO 1. You may attend hearings and testify. PARTICIPATE: 2. You may send a letter before the hearing to Stacy Stromberg, Planner, at 6431 University Avenue N.E., Fridley, MN 55432 or FAX at 763-571-1287. SPECIAL Hearing impaired persons planning to attend who need an ACCOMODATIONS: Interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no later than October 1, 2004. The TDD # is 763-572-3534. ANY QUESTIONS: Contact Stacy Stromberg, Planner, at 763-572-3595. Publish: September 23, 2004 City of Community Develoment Department Fridley Public Hearing Notice a a Rice Creek Road Q C: L J C U Y I�I -1 L� IL LEGEND N Sources: Fridley Engineering Fridley GIS Plat Request #04-05 and Vacation Request #04-03 Anoka County GIS 1420 Rice Creek Road Petitioner: Yoava Klucsar Map Date: 9/23/04 133024420037 133024420056 133024430012 PAULSON MARIAN LENNOX HERBERT W III&JUDITH OLSON CAROLYN M TRUSTEE 1425 RICE CREEK RD NE 1461 1461 RICE CREEK RD NE 1430 RICE CREEK RD NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 133024430001 133024430002 133024430002 KLUCSAR YOAVA JANKOWSKI JOHN M CURRENT RESIDENT 1420 RICE CREEK RD NE 1400 RICE CREEK RD 1400 RICE CREEK RD NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 133024430003 133024430004 133024430004 MILES DOROTHY M PORTZLINE GERALD&JOYCE CURRENT RESIDENT 1370 RICE CREEK RD NE 6291 CENTRAL AVE NE 1310 RICE CREEK RD NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 133024430005 133024430013 133024430029 MALONE DAVID J&JOSIE D SCHOLER R D&MYKLEBUST M* RYAN DAVID W&LEISCH CARRIE A 6283 CENTRAL AVE NE 6282 KERRY LN NE 6283 KERRY LN NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 133024420056 133024430006 133024430014 CURRENT RESIDENT SPOONER CALEB J WESTOVER BRIAN L&CAROL A 1441 RICE CREEK RD NE 6271 CENTRAL AVE NE 6274 BEN MORE DR NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 133024430030 133024430031 133024430016 FULLER THOMAS E&CAROLE K BRINDA JAMES J&MARY ANN PETERSON NED J&DIANE M 6275 KERRY LN NE 6267 KERRY LN NE 6266 BEN MORE DR NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 133024430015 133024430017 133024430018 PETERSON NED J&DIANE M CARPENTER ROBERT L&M J HAGMANN BECKY L 6266 BEN MORE DR NE 6258 BEN MORE DR NE 6250 BEN MORE DR NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 133024430007 133024430024 133024420032 CHRISTENSEN CHAD D MESSICK CAROLYN S LENNOX HERBERT W III 6245 CENTRAL AVE NE 6257 BEN MORE DR NE 1461 RICE CREEK RD NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 133024430025 133024430073 133024430072 WALLERSTEIN G&JOERGER R BUE MARK D&MARY K BATESON GEORGE F&ANN L 6244 KERRY LN NE 6229 CENTRAL AVE NE 6196 HEATHER PLACE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 133024430072 133024430023 133024430022 CURRENT RESIDENT NOLBY RONALD A&PATRICIA J NOLBY RONALD A&PATRICIA J 6249 BEN MORE DR NE 6253 BEN MORE DR NE 6253 BEN MORE DR NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 J City of Fridley Land Use Application SAV #04-03 & PS #04-05 October 6, 2004 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Transportation: Yoava Klucsar Homes will be accessed from Rice Creek 1420 Rice Creek Road Road. Fridley MN 55432 Physical Characteristics: Requested Actions: Large lot that slopes to the north, with Vacate an unimproved portion of typical suburban landscaping. Carlton Street and an unimproved 12 SUMMARY OF REQUEST foot alley on the petitioner's property. The petitioner, Mr. Klucsar is seeking to Replat to create 2 single family lots vacate an unimproved portion of Carlton from one existing large single family Street and an unimproved 12 foot alley on lot. the northeast side of the petitioner's Existing Zoning: property. These vacations will allow a plat R-1, Single Family without any encumbrances. Location: The petitioner is also seeking to replat one 1420 Rice Creek Road large single family lot into two single family Size of Property: lots at his property which is located at 1420 46,208 sq. ft. 1.06 acres Rice Creek Road. Existing Land Use: SUMMARY OF ANALYSIS Single Family home. City Staff recommends approval of the Surrounding Land Use & Zoning: street and alley vacation, with stipulations. N: Single Family home & R-1 Due to the following factors: E: Single Family home & R-1 - Neither could be utilized or connected S: Single Family home & R-1 through. W: Single Family home & R-1 City Staff recommends approval of the Comprehensive Plan Conformance: replat request, with stipulations. Consistent with Plan. • Proposed lots exceed the size standards Zoning Ordinance Conformance: required by the City of Fridley Zoning Each lot will meet or exceed theCode. City's minimum lot size standard. ' Provides additional homeownership Property History: opportunities for Fridley residents Property is part of two plats: CITY COUNCIL ACTION / 60 DAY DATE 1887 — Irvington Addition to Fridley City Council — October 25, 2004 Park is platted. 60 Day Date — November 1, 2004 1939 —Auditor's Subdivision #22 is Staff Report Prepared by: Stacy Stromberg platted. 1951 — House constructed. 1987 —Addition to house. 1991 — 2nd Garage constructed. Legal Description of Property: See Attached Certificate of Survey. Public Utilities: Utilities available in the street. SAV #04-03 & PS #04-05 ANALYSIS The petitioner, Yoava Klucsar, is seeking to vacate an unimproved portion of Carlton Street and an unimproved 12 foot alley on the northeast side of the his property. These vacations will allow a plat without any encumbrances. The petitioner is also seeking to replat his property which is located at 1420 Rice Creek Road, into two single family lots. The existing home was built in 1951, and the garage on the east side of the lot was either built prior to 1949 or wasn't issued a building permit. A second garage was constructed in 1991 , which is located next the home. In order for that garage to be constructed, a variance was granted to increase the total floor area of all accessory buildings from 1,400 square feet to 1,932 square feet. The lot is approximately 193 ft. by 238 ft, which is 42,208 square feet. The petitioner plans to sub-divide the lot into 2 single family lots, one of which will accommodate the existing home and the second garage that was constructed in 1991; and the other will accommodate the original garage and will allow for the construction of a new single-family home. n, z=. Existing Property Fridley requires that lots in the R-1 district be a minimum of 75' in width with a minimum total lot area of 9,000 square feet. The proposed Lot #1 will be approximately 117 feet in width and 28,461 square feet in size after the replat. The proposed Lots #2 will be approximately 77 feet in width and 17,747 square feet in size after the replat. While preparing the preliminary plat, the petitioner's surveyor discovered that an unimproved 30 foot portion of Carlton Street and an unimproved 12 foot alleyway exists on the property and have never been vacated. Neither the street or alley could be utilized or connected through nor are there any no underground utilities that would cause the street or alley to not be vacated. Therefore; the engineering department supports this vacation request. RECOMMENDATION City Staff recommends approval of this proposed street and alley way vacation and the preliminary plat, with stipulations. • Neither could be utilized or connected through. • Proposed lots exceed the size standards required by the City of Fridley Zoning Code. • Provides additional homeownership opportunities for Fridley residents STIPULATIONS Staff recommends that if the vacation is granted, the following stipulations be attached. 1. Property owner of record shall obtain all necessary permits prior to construction. 2. Property owner of record at time of building permit application to pay required $1, 500 park fee prior to issuance of building permits. 3. Property owner of record at time of building permit application to pay all water and sewer connection fees prior to issuance of a building permit. 4. Petitioner to properly maintain Lot#2 until sale occurs. 5. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 6. Petitioner shall provide easements as shown on preliminary plat drawing. 7. The garage on Lot 2 shall remain for a maximum of one year. If the new residential home is not constructed within that one year time frame, the garage shall be demolished, as garages are accessory uses in a single family zoning district. 8. The garage on Lot 2 shall be made compatible with the future residential structure on this site, through the addition of a residential roof design and siding. KEMPER & ASSOCIATES INC. PRELIMINARY PLAT OF 1,141 LAND SURVEYING-ENGINEERING KLUCSAR ADDITION {61- MINNESOTA 721 OLD MOa I'M e,I0WE90TA 66114 -931-0361 P""M-gM-O 6 1420 RICE CREEK ROAD SECTION 13.230N.R24W CITY OF FRIDLEY, ANOKA COUNTY, MINNESOTA ON LML eumnm ML04 '+` e t PRONT Or 14M RCE CREEK ROAD =L4 . ,` -• RICAROAD' v • : Nc�1n Mw � M.rra 9uaa �,a�1YAM° moor ooe4Mwa �•�� 4t 1► 4 •. :••: mail O"&YTftIAYNf '{ MAD —��— IN any a nano E>MN0 LEGAL DESCRLP710N °1T �Q■ w 9� a OI N Axa � �•�!_ OrYlR TII6AY,^1 rar IF WARRANTY DEW DOC.NO.722831 MhaN°u 4 1m EFeaL PROPOSED 10.DRAINAGE LEW Mwmw Wk 30.Bled,2,IRNNOTON ADDITION TO ' AND U71UTY EASEMENT �T —. IaW eonprMW h tYo 29, I ,&libit 2.uY IwA n ===n= o 60 Aoet etToA M1/1Y,Q eeWa,W49 HNdy,M�n ho 2 WW tlne 4h1h-d •.+y., L S n� ~ Parlkn Of Nn 30 9tIod-6 k.wM M p� 14 ;>7"�,>.,d --- --- — — eeM ProPab.lYd,dYNe eP to .�.;w't-..<:,, Q ------------- -- 3 kn9W,9 Yero,bed PI'rPrrt7. an h FF0,ff�1ra�YfXa',mMlu/�Nd��t4 In9, r�1Will A9MMY to CYioit% wA.V4a7aM1R ' to MMneeetq rdd OI9RM11 U44q haetofon dulyYIEppaEE not kloYa a Lot 14•AudRor'e �'in`ti��',." f ' OasaaRaua®�A�Tal� pgpeEUYhprAeY!YH,r,I" �1M rdO lot 14, 41 Mu may �oia Swth a9la v NuMw n» 1,' ' r•iaa A 1901 IEIMoc Z 90Ytl1 39D het UI4r4of. � I •yr'�l w ;T vA AREA SUMMARY COSTING PROPERTY ARGr,�;k Lor Me a ., �,l +0,290 30 FT.CR 1.0000 ACRES ' '.;. •�r ' �'.7;',, IN M6 iw PROPOSED WT 1_ 22646`1 s0,PE 0,R 0,0034 ACRES ' tl PROPOSED LOT 2_ r.. I I I I y YYa 17,747 91 FT.OR 0.4074 AgK8 I :'`:+' QAR ': 2 ■ A �, ;. room rc CI t k RarOT oeMa1 MI R.) p 41Me 6—lo",Iowa PROPOSED VWA7101 DESCRIPTIONS ~ p7IM Fart Nd/9ato9wt �a0pn I �� lot S0,9led,Yr"2.^kvki9ton AAa10a,W FYNe9„9 I / !'� AND •Y miHiewwetiNdl a thot pse oEr F�Y1d4Y�� Ma uIs s Cat 30,eled�°ir.9A,d9Awl,MnAaatNn w P„e�:y�. .�. T «e _ NDTIAR m 9 d AOMI TY PANEL MAPS �D' TAPP oesommCAI ASIC�SILL No VAL INS 1p1WW PROPERTY.ONIM TOVERIFY AND OONSLLT IN& 1W '��,.�a9 DY t� fA!.a� �� P^`(` •• 9 AS NECESSARY TO ADDRESS THISS I .s^Y^„WAlla \ eM9ei,a \ Yr '^` E .`' •^ Mo a6r ►W _ MA71FR p acEeO ;ixaaA1e!410611 I t. •�i i V.q MINA r0 r0,,•0,„9 wlreiT a _ LAS LEGEND — _ vew oaaue u0, 2AD8110 RECUMEM PRVAM FM r 7we YM919 ZONED R-1-ONE FAMLY DREUM DISTRICT YOAV6 CREEK' DRAINAGE AND 11711.11YHUS a w 1Y EASEMY9 ARE 94M Tan CA , WARM I"AREA-0,000 92 FT. I4M RIC,W E6K' IS SETBACK iw MINS R I LOT RDTN-76 FEET AT REOIMED L d4 awm um 2612 3197 AMORE N,E � 0 ®• on W Yae, MAXIMUM LOT COVERAGE-260 BY H X1861001-1 / 111 V\1\\4 r•B MAL IN ANG SETBACKS 612-697-9700 ECRL) —E-- o"I'"VW"1A0 FRONT-26 FEET BEING 6 FEET RT MIDTN,UNa OTNCeaBF 9CIOATE0.AND �w1 a m o I= ADJO"HIS 810E LAT MNE9,ANO BEING 10 FEEF W WIDTH, 0,610,0 aauat,rAareo SIDE-10 FEET alwnATeY R'AY MNEEO AA iATA 111-ASAD�JOINn11 GNS T T MAT. � ��a�a �-��THAN FEET) a ��T N � 00 9Fealo� oRArol�I NOT MORE THAN 40 FEET) I M Aur iIa 0,i �Te rwIIAa9 W0, MAX4411M HEWHT-30 FEET CERTIFICATE OF SURVEY " `AS PER CITY OF F16DI"ZONING CODE) f Y, alWat lV lAla IME WYAw•rrrO o<7aD 1X10 - Mlm el_ r a nwaon�aln �v CITY OF FRIDLEY PLANNING COMMISSION MEETING,OCTOBER 6,2004 Page 5 of 10 which will allow Menard's to rework their existing p ing lot, generally located at 5351 Central Avenue, with the following stipulations: 1. Petitioner to apply for land alteration ermit prior to redesign of the parking lot. 2. Redesign of the parking lot entra a plan to be approved by the City Fire Marshall and Public Works Director prior to is uance of land alteration permit. 3. Redesign of the parking lot a rance to include two drive aisles that shall not exceed 26 feet in width each. 4. The petitioner shall install top signs at the exit points at the intersection of 53rd Avenue and Cheri Lane. 5. Fire lane to be striped nd posted with "No Parking Fire Lane" signs. 6. The petitioner shall eet accessible parking requirements and identify stalls. 7. The petitioner to pr vide easements for the purposes of accommodating City and other utilities. 8. The fence enclo ure shall be properly maintained and kept in good repair. 9. All emergency ccess routes shall be kept free from materials, display and clutter that will block or d er the safe passage of emergency vehicles. UPON A VOICE V TE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIE UNANIMOUSLY. 4. Consideration of a Preliminary Plat PS #04-5 by Yoava Klucsar to divide one single family lot into two singe family lots, generally located at 1420 Rice Creek Road NE. 5. Consideration of a Street and Alley Vacation SAV#04-03 by Yoava Klucsar to vacate an unimproved portion of Carlton Street and an unimproved 12 foot alley, located on the northeast side of the petitioner's property, these vacations would allow a plat without encumbrances, generally located at 1420 Rice Creek Road NE. MOTION by Mr. Kondrick, seconded by Ms. Johns, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 8:01 PM. Ms. Stromberg stated she would like to address both of these items at the same time. She explained the petitioner is seeking to vacate an unimproved portion of Carlton Street and an unimproved 12 foot alley on the northeast side of his property. These vacations will allow a plat without any encumbrances. The petitioner is also seeking to replat his property located at 1420 Rice Creek Road into two single family lots. Ms. Stromberg explained that the existing home was built in 1951 and the garage on the east side of the lot was built prior to 1949 or wasn't issued a building permit. A second garage was constructed in 1991 and is located next to the home. In order for that garage to be constructed, a variance was granted to increase the total floor area of all accessory buildings from 1,400 square feet to 1,932 square feet. The lot is approximately 193 feet by 238 feet, which is 42,208 square feet. The petitioner plans to subdivide the lot into 2 singe family lots, one of which will accommodate the existing home and the second garage that was constructed in 1991; and the other will accommodate the original garage and will allow for the construction of a new single- family home. CITY OF FRIDLEY PLANNING COMMISSION MEETING,OCTOBER 6, 2004 Page 6 of 10 Ms. Stromberg stated that Fridley requires lots in the R-1 district be a minimum of 75' in width with a minimum total lot area of 9,000 square feet. The proposed Lot#1 will be approximately 117 feet in width and 28,461 square feet in size after the replat. The proposed Lot#2 will be approximately 77 feet in width and 17,747 square feet in size after the replat. Ms. Stromberg further explained that while preparing the preliminary plat, the petitioner's surveyor discovered that an unimproved 30 foot portion of Carlton Street and an unimproved 12 foot alleyway exists on the property and has never been vacated. Neither the street or alley could be utilized or connected through, nor are there any underground utilities that would cause the street or alley to not be vacated. Therefore, the engineering department supports this vacation request. Ms. Stromberg stated staff recommends approval of this street and alley way vacation and the preliminary plat based on the following: • Neither street nor alley could be utilized or connected through. • Proposed lots exceed the size standards required by the City of Fridley zoning code. • Provides additional homeownership opportunities for Fridley residents. Ms. Stromberg also stated that if the vacation and plat are granted, the following stipulations be attached: 1. Property owner of record shall obtain all necessary permits prior to construction. 2. Property owner of record at time of building permit application to pay required $1,500 park fee prior to issuance of building permits. 3. Property owner of record at time of building permit application to pay all water and sewer connection fees prior to issuance of a building permit. 4. Petitioner to properly maintain Lot#2 until sale occurs. 5. Petitioner to provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 6. Petitioner shall provide easements as shown on preliminary plat drawing. 7. The garage on Lot#2 shall remain for a maximum of one year. If the new residential home is not constructed within that one year time frame, the garage shall be demolished as garages are accessory uses in a single family zoning district. 8. The garage on Lot#2 shall be made compatible with the future residential structure on this site through the addition of a residential roof design and siding. Ms. Johns asked if Stipulation #7 is triggered by the start of construction or completion of construction of the new home on Lot#2. Ms. Stromberg responded the home must be started. Petitioner Yoava Kluscar stated he doesn't need all this land and would like to subdivide and sell off a portion of it. Chairperson Savage asked if Mr. Kluscar if he agrees with the stipulations. Mr. Kluscar responded that he does. Carol Westover, property owner to the southeast of this parcel, questioned what the front yard setback for the new home will be, what the setback of the garage on Lot#2, what the side yard CITY OF FRIDLEY PLANNING COMMISSION MEETING,OCTOBER 6,2004 Page 7 of 10 setback will be for the home, and how the hill on the corner of this property that adjoins her property will be handled. Ms. Stromberg explained the minimum front yard setback from Rice Creek Road will be around 63 feet for the new home. The required setback is 35 feet but because the petitioner's house is setback so far on the lot, the new home will have to be set back at least 63 feet. The existing garage on Lot#2 at the closest point is 5.66 feet from the east property line. Detached garages can be located 3 feet from the property line. The new home must be a minimum of 10 feet from the side property line for living space. Ms. Westover questioned if the items that are currently being stored in and around the garage on Lot#2 will remain. Ms. Stromberg responded that the petitioner plans to sell the property and she is not aware of what the buyer's intentions would be, but assumes the current storage items belong to the petitioner. Ms. Johns commented that one of the stipulations staff has recommended is that the garage must be made compatible with the new home, so there will be some improvements made. As far as Ms. Westover's concern about the hill on the corner of this property, Ms. Stromberg if there is a severe grade change, a grading and drainage plans would have to be submitted to City staff with the building permit for the new house. MOTION by Mr. Kondrick, seconded by Mr. Kuechle to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 8:15 PM. MOTION by Mr. Kondrick, seconded by Mr. Kuechle, to recommend approval of Vacation request, SAV#04-03, by Yoava Klucsar, to vacate an unimproved portion of Carlton Street and an unimproved 12 foot alley, located on the northeast side of the petitioner's property, generally located at 1420 Rice Creek Road, with the following stipulations: 1. Property owner of record shall obtain all necessary permits prior to construction. 2. Property owner of record at time of building permit application to pay required $1,500 park fee prior to issuance of building permits. 3. Property owner of record at time of building permit application to pay all water and sewer connection fees prior to issuance of a building permit. 4. Petitioner to properly maintain Lot#2 until sale occurs. 5. Petitioner to provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 6. Petitioner shall provide easements as shown on preliminary plat drawing. 7. The garage on Lot#2 shall remain for a maximum of one year. If the new residential home is not constructed within that one year time frame, the garage shall be demolished as garages are accessory uses in a single family zoning district. 8. The garage on Lot#2 shall be made compatible with the future residential structure on this site through the addition of a residential roof design and siding. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED ON A UNANIMOUS VOTE. CITY OF FRIDLEY PLANNING COMMISSION MEETING,OCTOBER 6,2004 Page 8 of 10 MOTION by Mr. Kondrick, seconded by Ms. Johns, to recommend to the City Council, approval of preliminary plat request, PS #04-05, by Yoava Klucsar, to divide one single family lot into two single family lots, generally located at 1420 Rice Creek Road, with the following stipulations: 1. Property owner of record shall obtain all necessary permits prior to construction. 2. Property owner of record at time of building permit application to pay required $1,500 park fee prior to issuance of building permits. 3. Property owner of record at time of building permit application to pay all water and sewer connection fees prior to issuance of a building permit. 4. Petitioner to properly maintain Lot#2 until sale occurs. 5. Petitioner to provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 6. Petitioner shall provide easements as shown on preliminary plat drawing. 7. The garage on Lot#2 shall remain for a maximum of one year. If the new residential home is not constructed within that one year time frame, the garage shall be demolished as garages are accessory uses in a single family zoning district. 8. The garage on Lot#2 shall be made compatible with the future residential structure on this site through the addition of a residential roof design and siding. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED ON A UNANIMOUS VOTE. 6. Receivek the minutes of the July 1 2004 Housing and Redevelopment Authorit meetin MOTION by Mr. Saga seconded by Mr. Kondrick to receive the minutes as presented. UPON A VOICE VOTE, LL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED ON UNANIMOUS VOTE. 7. Receive the mi utes of the August 5 2004 Housing and Redevelopment Authority meeti MOTION by Ms. Johns, seco ed by Mr. Kuechle, to receive the minutes as presented. UPON A VOICE VOTE,ALL V TING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED ON A UNA OUS VOTE. 8. Receive the minutes o he Se tember 3 2004 Housing and Redevelopment Authority meeting. MOTION by Mr. Saba, seconded by Mr. ondrick, to receive the minutes as presented. UPON A VOICE VOTE, ALL VOTING A , CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED ON A UNANIMOUS TE. 9. Receive the minutes of the Jul 2004 Appeals Commission meetin . MOTION by Mr. Kuechle, seconded by Mr. Kond k, to receive the minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIR RSON SAVAGE DECLARED THE MOTION CARRIED ON A UNANIMOUS VOTE. AGENDA ITEM ri CITY COUNCIL MEETING OF OCTOBER 25, 2004 CfTY OF FRIDLEY Date: October 11, 2004 To: William Burns, City Manager From: Scott Hickok, Community Development Director Stacy Stromberg, Planner Subject: Vacation Request, SAV#04-03, Yoava Klucsar M-04-134 INTRODUCTION The petitioner, Yoava Klucsar is seeking to vacate an unimproved portion of Carlton Street and an unimproved 12 foot alley on the northeast side oft his property. These vacations will allow a plat without any encumbrances. While preparing the preliminary plat, the petitioner's surveyor discovered that an unimproved 30 foot portion of Carlton Street and an unimproved 12 foot alleyway exists on the property and have never been vacated. Neither the street or alley could be utilized or connected through nor are there any no underground utilities that would cause the street or alley to not be vacated. Therefore; the engineering department supports this vacation request. PLANNING COMMISSION RECOMMENDATION At the October 6, 2004, Planning Commission meeting, a public hearing was held for SAV #04-03. After a brief discussion, the Planning Commission recommended approval of SAV#04-03, with the stipulations as presented. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMNEDATION City Staff recommends concurrence with the Planning Commission. STIPULATIONS 1. Property owner of record shall obtain all necessary permits prior to construction. 2. Property owner of record at time of building permit application to pay required $1, 500 park fee prior to issuance of building permits. 3. Property owner of record at time of building permit application to pay all water and sewer connection fees prior to issuance of a building permit. 4. Petitioner to properly maintain Lot#2 until sale occurs. 64 5. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 6. Petitioner shall provide easements as shown on preliminary plat drawing. 7. The garage on Lot 2 shall remain for a maximum of one year. If the new residential home is not constructed within that one year time frame, the garage shall be demolished as garages are accessory uses in a single family zoning district. 8. The garage on Lot 2 shall be made compatible with the future residential structure on this site, through the addition of a residential roof design and siding. 65 City of Fridley Land Use Application SAV#04-03 & PS #04-05 October 6, 2004 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Transportation: Yoava Klucsar Homes will be accessed from Rice Creek 1420 Rice Creek Road Road. Fridley MN 55432 Physical Characteristics: Requested Actions: Large lot that slopes to the north, with Vacate an unimproved portion of typical suburban landscaping. Carlton Street and an unimproved 12 SUMMARY OF REQUEST foot alley on the petitioner's property. The petitioner, Mr. Klucsar is seeking to Replat to create 2 single family lots vacate an unimproved portion of Carlton from one existing large single family Street and an unimproved 12 foot alley on lot. the northeast side of the petitioner's Existing Zoning: property. These vacations will allow a plat R-1, Single Family without any encumbrances. Location: The petitioner is also seeking to replat one 1420 Rice Creek Road large single family lot into two single family Size of Property: lots at his property which is located at 1420 46,208 sq. ft. 1.06 acres Rice Creek Road. Existing Land Use: SUMMARY OF ANALYSIS Single Family home. City Staff recommends approval of the Surrounding Land Use & Zoning: street and alley vacation, with stipulations. N: Single Family home & R-1 Due to the following factors: E: Single Family home & R-1 Neither could be utilized or connected S: Single Family home & R-1 through. W: Single Family home & R-1 City Staff recommends approval of the Comprehensive Plan Conformance: replat request, with stipulations. Consistent with Plan. • Proposed lots exceed the size standards Zoning Ordinance Conformance: required by the City of Fridley Zoning Each lot will meet or exceed theCode. City's minimum lot size standard. • Provides additional homeownership opportunities for Fridley residents Property History: CITY COUNCIL ACTION /60 DAY DATE Property is part of two plats: City Council — October 25, 2004 1887 — Irvington Addition to Fridley Park is platted. 60 Day Date— November 1, 2004 1939 —Auditor's Subdivision #22 is Staff Report Prepared by: Stacy Stromberg platted. 1951 — House constructed. 1987 —Addition to house. 1991 —2nd Garage constructed. Legal Description of Property: See Attached Certificate of Survey. Public Utilities: Utilities available in the street. 66 SAV #04-03 & PS #04-05 ANALYSIS The petitioner, Yoava Klucsar is seeking to vacate an unimproved portion of Carlton Street and an unimproved 12 foot alley on the northeast side of the his property. These vacations will allow a plat without any encumbrances. The petitioner is also seeking to replat his property which is located at 1420 Rice Creek Road, into two single family lots. The existing home was built in 1951 and the garage on the east side of the lot was either built prior to 1949 or wasn't issued a building permit. A second garage was constructed in 1991, which is located next the home. In order for that garage to be constructed, a variance was granted to increase the total floor area of all accessory buildings from 1,400 square feet to 1,932 square feet. The lot is approximately 193 ft. by 238 ft, which is 42,208 square feet. The petitioner plans to sub-divide the lot into 2 single family lots, one of which will accommodate the existing home and the second garage that was constructed in 1991; and the other will accommodate the original garage and will allow for the construction of a new single-family home. 01 . ' tdny pa"4N k i y, Existing Property Fridley requires that lots in the R-1 district be a minimum of 75' in width with a minimum total lot area of 9,000 square feet. The proposed Lot#1 will be approximately 117 feet in width and 28,461 square feet in size after the replat. The proposed Lots #2 will be approximately 77 feet in width and 17,747 square feet in size after the replat. 67 While preparing the preliminary plat, the petitioner's surveyor discovered that an unimproved 30 foot portion of Carlton Street and an unimproved 12 foot alleyway exists on the property and have never been vacated. Neither the street or alley could be utilized or connected through nor are there any no underground utilities that would cause the street or alley to not be vacated. Therefore; the engineering department supports this vacation request. RECOMMENDATION City Staff recommends approval of this proposed street and alley way vacation and the preliminary plat, with stipulations. • Neither could be utilized or connected through. • Proposed lots exceed the size standards required by the City of Fridley Zoning Code. • Provides additional homeownership opportunities for Fridley residents STIPULATIONS Staff recommends that if the vacation and plat are granted, the following stipulations be attached. 1. Property owner of record shall obtain all necessary permits prior to construction. 2. Property owner of record at time of building permit application to pay required $1, 500 park fee prior to issuance of building permits. 3. Property owner of record at time of building permit application to pay all water and sewer connection fees prior to issuance of a building permit. 4. Petitioner to properly maintain Lot#2 until sale occurs. 5. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 6. Petitioner shall provide easements as shown on preliminary plat drawing. 7. The garage on Lot 2 shall remain for a maximum of one year. If the new residential home is not constructed within that one year time frame, the garage shall be demolished as garages are accessory uses in a single family zoning district. 8. The garage on Lot 2 shall be made compatible with the future residential structure on this site, through the addition of a residential roof design and siding. 68 Y FRIDLEY CITY COUNCIL MEETING, OCTOBER 25, 2004 PAGE 14 OF 17 Mr. Knaak said the current ordinance does restrict the mber of locations for any one organization to no more than two within the City and a proposed language would not change that. Councilmember Billings stated that while he a reciates the reason for bringing this change forward, the current organizations that re not Fridley based are doing a good job of getting their money into the City of F idley and helping Fridley residents. He thinks the proposed ordinance change uld merely trade organizations that are helping one aspect of the City of Fridley i order to get organizations that also help the citizens of Fridley a little differently. He s ted those organizations trying to set up lawful gambling should go directly to the Frid y locations that are licensed rather than going through the City. Councilmember Wolfe stated he derstands the Mayor's interest in proposing this ordinance change, but he pointe out that groups representing specific interests, such as wrestling or hockey, would a the proceeds from the gambling for their interests only, not for wide-spread uses s ch as currently established organizations do. Councilmember Barnette co mented that as sensitive as he is to the needs of Fridley organizations, he cannot su port this proposed ordinance, particularly because of how it would impact organizations currently established. Councilmember Bolkco expressed concern that this ordinance would be hurting some organizations for other organizations' gain. She added that Sandee's Restaurant indicated they have ne er been approached by a Fridley organization. Councilmember Billi gs stated he appreciates Mayor Lund bringing this matter forward because now there ill be an action by the City Council that will let the residents know where Council sta ds on this issue. This discussion also enlightens Fridley residents as to what happens the charitable gambling dollars in the City. Mayor Lund co mented that he believes it is unfair that other communities have these types of restri ions, but he is concerned that some organizations would be hurt in an effort to help /hers. UPON A OICE VOTE, ALL VOTING NAY, MAYOR LUND DECLARED THE MOTION help/ APPROVE THE FIRST READING OF THIS ORDINANCE FAILED ON A UNANIM US VOTE. 15. Resolution No. 2004-65 to Vacate an Unimproved Portion of Carlton Street, Generally Located at 1420 Rice Creek Road NE and an Unimproved 12 Foot Alley Way on the Northeast Side of the Property Located at 1420 Rice Creek Road NE (Vacation, SAV#04-03, by Yoava Klucsar). r FRIDLEY CITY COUNCIL MEETING, OCTOBER 25. 2004 PAGE 15 OF 17 16. Preliminary Plat Request PS #04-05 by Yoava Klucsar to Divide One Single Family Lot into Two Single Family Lots, Generally Located at 1420 Rice Creek Road NE. Mr. Hickok, Community Development Director, stated Mr. Klucsar is seeking a vacation of an unimproved portion of Carlton Street and an unimproved 12-foot alley on the northeast side of his property. These vacations will allow platting without any encumbrances. The petitioner is also seeking to replat his property to divide it into two single family lots. The existing home was built in 1951 and the garage on the east side of the lot was built prior to 1949 or was built without a permit. The second garage was constructed in 1991 and is located next to the home. To allow construction of that garage, a variance was granted to increase the total floor area of all accessory buildings from 1,400 square feet to 1,932 square feet. If Council approves this request, that previous variance will no longer be an issue. The lot is 193 x 238 feet for a total square footage of 42,208. The petitioner plans to subdivide the lot with one lot to accommodate the existing home and garage and the other to accommodate the original garage and allow for construction of a single family home. Fridley requires the lots in an R-1 district be a minimum of 75 feet in width and a minimum total area of 9,000 square feet. The first lot will be 117 feet in width with 28,461 square feet and the second lot will be 77 feet in width with 17,747 square feet after the replat. While preparing the preliminary plat, the surveyor discovered an unimproved 30 foot portion of Carlton Street and unimproved 12 foot alley way that had never been vacated. Neither the street nor the alley could be utilized or connected and there are no underground utilities that would stop them from being vacated. Mr. Hickok stated the Planning Commission reviewed this petition on October 6 and recommended approval of the proposed street and alley way vacation and the preliminary plat with the following stipulations. Staff recommends concurrence with the Planning Commission's recommendation. 1. Property owner of record shall obtain all necessary permits prior to construction. 2. Property owner of record at time of building permit application to pay required $1,500 park fee prior to issuance of building permits. 3. Property owner of record at time of building permit application to pay all water and sewer connection fees prior to issuance of a building permit. 4. Petitioner to properly maintain Lot#2 until sale occurs. 5. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 6. Petitioner shall provide easements as shown on preliminary plat drawing. FRIDLEY CITY COUNCIL MEETING, OCTOBER 25, 2004 PAGE 16 OF 17 7. The garage on Lot 2 shall remain for a maximum of one year. If the new residential home is not constructed within that one year timeframe, the garage shall be demolished as garages are accessoryuses in a single family zoning district. 8. The garage on Lot 2 shall be made compatible with the future residential structure on this site, through the addition of a residential roof design and siding. MOTION by Councilmember Wolfe, seconded by Councilmember Barnette, to adopt Resolution No. 2004-65, with the stipulations recommended by staff. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Wolfe, seconded by Councilmember Barnette, to approve Preliminary Plat Request, PS #04-05, by Yoava Klucsar to divide one single family lot into two single family lots, generally located at 1420 Rice Creek Road NE. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 17. Resolution of the Fri ley City Council about the Springbrook Nature Center. Councilmember Billings stated he rafted this resolution because there was a lot of talk in the City about matters on whic the Council had made no decisions. The only purpose of the resolution was to mak the public aware. Councilmember Wolfe referred to info ation in one of the local newspapers claiming that if the levy is not successful a large Public Works budget would be required. He pointed out that the City has maintained is park for 30 years. There was also a claim that Springbrook Nature Center is a fa or for many people purchasing homes in Fridley, yet a review of recent home sal s records revealed no remarks regarding Springbrook. He commented that Counci is not taking sides on the Springbrook referendum by simply telling the truth. Councilmember Bolkcom stated misinformation 's typical in many political campaigns. She recommended that the residents contact the City Manager if they have questions regarding Springbrook. Councilmember Wolfe commented that the Springbro levy is not the only tax increase affecting Fridley residents. Councilmember Billings stated again if Council wishes to ble this resolution until after the vote on the referendum, we will know whether we need go into more detail. aw CIIYOF FMDLEY FRIDLEY MUNICIPAL CENTER•6431 UNIVERSITY AVE.N.E.FRIDLEY,MN 55432•(763)571-3450•FAX(763)571-1287 REVISED CITY COUNCIL ACTION TAKEN NOTICE November 5, 2004 Yoava Klucsar 1420 Rice Creek Road Fridley MN 55432 Dear Mr. Klucsar: On Monday, October 25, 2004, the Fridley City Council officially approved your request for a Preliminary Plat, PS # 04-05, to divide one single family lot into two single family lots, legally described as Lot 30, Block 2, Irvington Addition to Fridley. Also, land compromised in what was formerly known as Lots 16 to 29, inclusive, Block 2, and all of land comprised in a 60 foot street running north and south between Blocks 2 and 3 and West half of alley running north and south through said Block 2, and the portion of the 30 foot street south of said property which abuts on the foregoing described property, all in what was formerly Irvington's Addition to Fridley, Anoka County, Minnesota, said addition being heretofore duly vacated; now known as Lot 14, Auditor's Subdivision Number 22,the south 390 feet thereof, generally located at 1420 Rice Creek Road NE. Approval of this Preliminary Plat is contingent upon the following stipulations: 1. Property owner of record shall obtain all necessary permits prior to construction. 2. Property owner of record at time of building permit application to pay required $1, 500 park fee prior to issuance of building permits. 3. Property owner of record at time of building permit application to pay all water and sewer connection fees prior to issuance of a building permit. 4. Petitioner to properly maintain Lot#2 until sale occurs. 5. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 6. Petitioner shall provide easements as shown on preliminary plat drawing. 7. The garage on Lot 2 shall remain for a maximum of one year. If the new residential home is not constructed within that one year time frame, the garage shall be demolished as garages are accessory uses in a single family zoning district. 8. The garage on Lot 2 shall be made compatible with the future residential structure on this site, through the addition of a residential roof design and siding. Action Taken Letter-PS O4-05 & SAV 04-03-Klucsar Page 2 November 5, 2004 The Council action described above is only to approve the preliminary plat. You must have an approved final plat prior to recording at Anoka County. When the final plat has been prepared by your surveyor, a copy of the plat should be sent to the Anoka County's Surveyor's office for review. Once that review is completed, please submit three full size copies of the final plat to the Community Development Department. The Community Development staff will contact you as to which council meeting the item will be scheduled for consideration (it will be placed under the "consent agenda"). After Council action on the final plat, the mylars of the plat must be submitted to the City for signature by the Mayor and City Clerk. Once signed, the plat is ready for recording at Anoka County. The final plat must be submitted for action within six months of approval of the preliminary plat. Also, on October 25, 2004, the Fridley City Council officially approved your request for a Vacation, SAV#04-03, to vacate an unimproved portion of Carlton Street and an unimproved 12 foot alley, located on the northeast side of the petitioner's property, generally located at 1420 Rice Creek Road NE, the legal description is as follows: The East half of that part of Carlton Street (as platted in Irvington Addition to Fridley), adjoining Lot 30, Block 2, Irvington Addition to Fridley. AND The west half of that part of the alley (as platted in Irvington Addition to Fridley), adjoining Lot 30, Block 2, Irvington Addition to Fridley. Approval of this Vacation is contingent upon the following stipulations: 1. Property owner of record shall obtain all necessary permits prior to construction. 2. Property owner of record at time of building permit application to pay required $1, 500 park fee prior to issuance of building permits. 3. Property owner of record at time of building permit application to pay all water and sewer connection fees prior to issuance of a building permit. 4. Petitioner to properly maintain Lot#2 until sale occurs. 5. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 6. Petitioner shall provide easements as shown on preliminary plat drawing. 7. The garage on Lot 2 shall remain for a maximum of one year. If the new residential home is not constructed within that one year time frame, the garage shall be demolished as garages are accessory uses in a single family zoning district. 8. The garage on Lot 2 shall be made compatible with the future residential structure on this site, through the addition of a residential roof design and siding. If you have any questions regarding the above action, please call me at 763-572-3590. Sincer ' , l Scott ickok Cok unity Development Director SH/jb Action Taken Letter-PS 04-05 & SAV 04-03-Klucsar Page 3 November 5, 2004 cc: Eugene Jankowski Plat File Vacation File Address File Assessing Dept. GIS Dept. Special Assessing-Greg Mary Hintz Stacy Stromberg Please review the above, sign the statement below and return one copy to the City of Fridley Planning Department by November 19, 2004 Concur with action taken. C-04-101 RESOLUTION NO. 2004-65 RESOLUTION TO VACATE AN UNLVIPROVED PORTION OF CARLTON STREET,GENERALLY LOCATED AT 1420 RICE CREEK ROAD NE, AND AN UNIMPROVED 12 FOOT ALLEY WAY ON THE NORTHEAST SIDE OF TBE PROPERTY LOCATED AT 1420 RICE CREEK ROAD NE. WHEREAS, this portion of Carlton Street and the 12 foot alley way is an unimproved right-of- way and is not used by the general public; and WHEREAS, all possible connections to this portion of Carlton Street and the 12 foot alley way have been previously vacated; and WHEREAS, City Public Works Staff indicates that there is no longer a reason to keep these unimproved right-of-ways;and WHEREAS, a public hearing was held on this matter by the Planning Commission on October 6, 2004 and the City Council on October 25, 2004. NOW, THEREFORE,BE IT RESOLVED that the City of Fridley vacate the following: The East half of that part of Carlton Street(as platted in Irvington Addition to Fridley), adjoining Lot 30, Block 2, Irvington Addition to Fridley, Anoka County, Minnesota. AND The West half of that part of the alley (as platted in Irvington Addition to Fridley) adjoining Lot 30, Block 2, Irvington Addition to Fridley, Anoka County, Minnesota. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 25`h Day of October,2004. SCOT J. UND-MAYOR ATTEST: "-dAv4t? DEBRA A. SKOGEN OCITY CLERK � I IIIIII IIT VIII VIII VIII VIII VIII IIII IIII Record ID 1513855 1972151 . 012 STATE OF MINNESOTA ) CITY COUNCIL PROCEEDINGS VACATION COUNTY OF ANOKA ) CITY OF FRIDLEY ) In the Matter of: A Vacation Request, SAV#04-03 Owner: Yoava Klucsar The above entitled matter came before the City Council of the City of Fridley and was heard on the 25th day of October, 2004, on a petition for a vacation pursuant to the City of Fridley's City Code and City Charter, for the following described property: To vacate an unimproved portion of Carlton Street, and an unimproved 12 foot alley way on the northeast side of the property, generally located at 1420 Rice Creek Road NE, the legal descriptions are as follows: The East half of that part of Carlton Street (as platted in Irvington Addition to Fridley), adjoining Lot 30, Block 2, Irvington Addition to Fridley, Anoka County, Minnesota. AND The West half of that part of the alley (as platted in Irvington Addition to Fridley) adjoining Lot 30, Block 2, Irvington Addition to Fridley, Anoka County, Minnesota. IT IS ORDERED that a vacation be granted as upon the following conditions or reasons: Approved with 8 stipulations. See City Council meeting minutes of October 25, 2004. STATE OF MINNESOTA ) COUNTY OF ANOKA ) OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) I, Debra A. Skogen, City Clerk for the City of Fridley, with and in for said City of Fridley, do hereby certify that have compared the foregoing copy and Order granting a vacation 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 the City of Fridley, Minnesota, in the County of Anoka on the day of 2005. DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 Debra A. Skogen, City Clofk i , aSt s 1 Y� Y�I 15 „ir i e � FRIDLEY CITY COUNCIL MEETING, OCTOBER 25, 2004 PAGE 14 OF 17 Mr. Knaak said the current ordinance does restrict the mber of locations for any one organization to no more than two within the City and a proposed language would not change that. Councilmember Billings stated that while he a reciates the reason for bringing this change forward, the current organizations that re not Fridley based are doing a good job of getting their money into the City of F idley and helping Fridley residents. He thinks the proposed ordinance change uld merely trade organizations that are helping one aspect of the City of Fridley i order to get organizations that also help the citizens of Fridley a little differently. He s ted those organizations trying to set up lawful gambling should go directly to the Frid y locations that are licensed rather than going through the City. Councilmember Wolfe stated he derstands the Mayor's interest in proposing this ordinance change, but he pointe out that groups representing specific interests, such as wrestling or hockey, would a the proceeds from the gambling for their interests only, not for wide-spread uses ch as currently established organizations do. Councilmember Barnette co mented that as sensitive as he is to the needs of Fridley organizations, he cannot su port this proposed ordinance, particularly because of how it would impact organizations currently established. Councilmember Bolkco expressed concern that this ordinance would be hurting some organizations for other organizations' gain. She added that Sandee's Restaurant indicated they have ne er been approached by a Fridley organization. Councilmember Billi gs stated he appreciates Mayor Lund bringing this matter forward because now there ill be an action by the City Council that will let the residents know where Council sta ds on this issue. This discussion also enlightens Fridley residents as to what happens the charitable gambling dollars in the City. Mayor Lund co mented that he believes it is unfair that other communities have these types of restri ions, but he is concerned that some organizations would be hurt in an effort to help thers. UPON A OICE VOTE, ALL VOTING NAY, MAYOR LUND DECLARED THE MOTION T APPROVE THE FIRST READING OF THIS ORDINANCE FAILED ON A UNANIM US VOTE. 15. Resolution No. 2004-65 to Vacate an Unimproved Portion of Carlton Street, Generally Located at 1420 Rice Creek Road NE and an Unimproved 12 Foot Alley Way on the Northeast Side of the Property Located at 1420 Rice Creek Road NE (Vacation, SAV #04-03, by Yoava Klucsar). - FRIDLEY CITY COUNCIL MEETING, OCTOBER 25, 2004 PAGE 15 OF 17 16. Preliminary Plat Request PS #04-05 by Yoava Klucsar to Divide One Single Family Lot into Two Single Family Lots, Generally Located at 1420 Rice Creek Road NE. Mr. Hickok, Community Development Director, stated Mr. Klucsar is seeking a vacation of an unimproved portion of Carlton Street and an unimproved 12-foot alley on the northeast side of his property. These vacations will allow platting without any encumbrances. The petitioner is also seeking to replat his property to divide it into two single family lots. The existing home was built in 1951 and the garage on the east side of the lot was built prior to 1949 or was built without a permit. The second garage was constructed in 1991 and is located next to the home. To allow construction of that garage, a variance was granted to increase the total floor area of all accessory buildings from 1,400 square feet to 1,932 square feet. If Council approves this request, that previous variance will no longer be an issue. The lot is 193 x 238 feet for a total square footage of 42,208. The petitioner plans to subdivide the lot with one lot to accommodate the existing home and garage and the other to accommodate the original garage and allow for construction of a single family home. Fridley requires the lots in an R-1 district be a minimum of 75 feet in width and a minimum total area of 9,000 square feet. The first lot will be 117 feet in width with 28,461 square feet and the second lot will be 77 feet in width with 17,747 square feet after the replat. While preparing the preliminary plat, the surveyor discovered an unimproved 30 foot portion of Carlton Street and unimproved 12 foot alley way that had never been vacated. Neither the street nor the alley could be utilized or connected and there are no underground utilities that would stop them from being vacated. Mr. Hickok stated the Planning Commission reviewed this petition on October 6 and recommended approval of the proposed street and alley way vacation and the preliminary plat with the following stipulations. Staff recommends concurrence with the Planning Commission's recommendation. 1. Property owner of record shall obtain all necessary permits prior to construction. 2. Property owner of record at time of building permit application to pay required $1,500 park fee prior to issuance of building permits. 3. Property owner of record at time of building permit application to pay all water and sewer connection fees prior to issuance of a building permit. 4. Petitioner to properly maintain Lot#2 until sale occurs. 5. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 6. Petitioner shall provide easements as shown on preliminary plat drawing. FRIDLEY CITY COUNCIL MEETING, OCTOBER 25, 2004 PAGE 16 OF 17. 7. The garage on Lot 2 shall remain for a maximum of one year. If the new residential home is not constructed within that one year timeframe, the garage shall be demolished as garages are accessory uses in a single family zoning district. 8. The garage on Lot 2 shall be made compatible with the future residential structure on this site, through the addition of a residential roof design and siding. MOTION by Councilmember Wolfe, seconded by Councilmember Barnette, to adopt Resolution No. 2004-65, with the stipulations recommended by staff. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Wolfe, seconded by Councilmember Barnette, to approve Preliminary Plat Request, PS #04-05, by Yoava Klucsar to divide one single family lot into two single family lots, generally located at 1420 Rice Creek Road NE. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 17. Resolution of the Fri ley City Council about the Springbrook Nature Center. Councilmember Billings stated he rafted this resolution because there was a lot of talk in the City about matters on whic the Council had made no decisions. The only purpose of the resolution was to mak the public aware. Councilmember Wolfe referred to info ation in one of the local newspapers claiming that if the levy is not successful a large Public Works budget would be required. He pointed out that the City has maintained is park for 30 years. There was also a claim that Springbrook Nature Center is a fa for for many people purchasing homes in Fridley, yet a review of recent home sal s records revealed no remarks regarding Springbrook. He commented that Counci is not taking sides on the Springbrook referendum by simply telling the truth. Councilmember Bolkcom stated misinformation 's typical in many political campaigns. She recommended that the residents contact the City Manager if they have questions regarding Springbrook. Councilmember Wolfe commented that the Springbro levy is not the only tax increase affecting Fridley residents. Councilmember Billings stated again if Council wishes to ble this resolution until after the vote on the referendum, we will know whether we need go into more detail. RESOLUTION NO. 2004-65 RESOLUTION TO VACATE AN UNIMPROVED PORTION OF CARLTON STREET, GENERALLY LOCATED AT 1420 RICE CREEK ROAD NE, AND AN UNIMPROVED 12 FOOT ALLEY WAY ON THE NORTHEAST SIDE OF THE PROPERTY LOCATED AT 1420 RICE CREEK ROAD NE. WHEREAS, this portion of Carlton Street and the 12 foot alley way is an unimproved right-of- way and is not used by the general public; and WHEREAS, all possible connections to this portion of Carlton Street and the 12 foot alley way have been previously vacated; and WHEREAS, City Public Works Staff indicates that there is no longer a reason to keep these unimproved right-of-ways; and WHEREAS, a public hearing was held on this matter by the Planning Commission on October 6, 2004 and the City Council on October 25, 2004. NOW,THEREFORE,BE IT RESOLVED that the City of Fridley vacate the following: The East half of that part of Carlton Street (as platted in Irvington Addition to Fridley), adjoining Lot 30, Block 2, Irvington Addition to Fridley, Anoka County, Minnesota. AND The West half of that part of the alley (as platted in Irvington Addition to Fridley) adjoining Lot 30, Block 2, Irvington Addition to Fridley, Anoka County, Minnesota. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 251h Day of October,2004. SCOTT J.17UND 7-MAYOR ATTEST: "dA506t? DEBRA A. SKOGEN ITY CLERK ANOKA COUNTY MINNESOTA Document No.: 1972151.012 ABSTRACT I hereby certify that the within insti ument was filed in this office for record on: 01/13.1'2005 3:10:00 PM Fees/Taxes In the Amount of: $19.50 MAUREEN DEVINE y Tax Administrator/'Recorder/Registrar of Titles BMC, Deputy Record ID: 1513855