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LS90-02 CITY OF FRIDILY 6431 CITY AVEM N.E. FRMN", M 55432 dmumity Development Dwnrt<aent (612) 571-3450 IJJT SPLTT APPLIC RTIC K FCRti+i MFERTY KMCW - site plan required for submittals; see attached Adds: Isgal description: ' 1 Lot Block Tract/Additionye�Vt��,r - 1 Current zoning: _ - 1 Square footage/acreage Reason for lot split: --TD- -P,,)i --a- L-� Lm--a FEE ORM INFUTd MC K (Contract Fee Owners ml.-.t sign this form prior to processing) NAME /�� Z---e,-O ?-�iC/ Ado A�ESS / — DAYME PHONE SIGNATURE DATE FtTl'PIONM Ii�h�ORt+ATIC7�T NAME OAYTIlE PHONE SIGNAZURE DATE ----------- --- Fee: $100.00 Prennit L.S. # '�7)0-0? Recepit # Application received by: Scheduled Planning Oomissii Ton date: yrD �1 D Scheduled City Ccxmcil date: l 9� i } cITY OF FRZDIEY 6431 UNIVEMITY AVENUE N.E. FRIDLEY� M 55432 (612) 571-3450 PROPERTY - site plan required for sd Address: Legal description: -72.4� C I—, -�. ���-te� Lot Block , '!,'r /Addl' Current zoning: - Square footag Reason for special use permit Section of City Code: 57 `)tet: 4-D FEE OM= II TION (Contract Purchasers: Fee owners must sign this Wv i" ittals; see attached lD°o f �cez� 6L�1 prior to processing) DATE � Al NAME AU FESS _ P DAW�VIE ZIP SIGNATURE GATE Fee: $200.00 tl ` $100.00 for residentialTsecond accessory buildings Permit SP # Recepit # Application received by: Scheduled Planning Ctmm ssion date: mo Scheduled City Council date: CITYOF FRIDLEY FRIDLEY MUNICIPAL CENTER•6431 UNIVERSITY AVE.N.E. FRIDLEY, MN 55432• (612)571-3450• FAX(612)571-1287 May 22, 1990 TO WHOM IT MAY CONCERN: The City of Fridley Planning Commission will be holding an informal hearing on a request for a lot split, L.S. #90-02, by Milan Bozony, to split Lot 2, Block N, Riverview Heights, in order to create the following two parcels: East Parcel: Lot 2, except the East 10 feet thereof, and all of Lot 1, Block 1, Springbrook Park, Anoka County, Minnesota, except for the South 25 feet thereof for 79th Way N.E. , Lot 2, except the East 10 feet thereof, and all of Lot 1, Block 1, Springbrook Park, Anoka County, Minnesota, except for teh South 25 feet thereof for 79th Way N.E. , and Lot 1 and that part of Lot 2 lying Easterly of the Westerly 10 feet of said Lot 2 , as measured at right angles to and parallel with the Westerly line of said Lot 2, all in Block N, Riverview Heights, Anoka County, Minnesota. West Parcel: Lots 3, 4, and 5 and the Westerly 10 feet of Lot 2, as measured at right angles to and parallel with the Westerly line of said Lot 2 , all in Block N, Riverview Heights, Anoka County, Minnesota. All generally located west of 479 - 79th Way N.E. Anyone who wishes to be heard shall be given an opportunity at the Planning Commission meeting on Wednesday, May 30, 1990 at the Fridley Municipal Center, 6431 University Avenue N.E. , at 7:30 p.m. DONALD BETZOLD CHAIRMAN PLANNING COMMISSION L.S. X690-02 MAILING LIST Planning 5/ 18/90 Milan Bozony Council Roger Geis Richard Keller 520 Dover Street N.E. 7898 Alden Way N.E. Fridley, MN 55432 Fridley, MN 55432 Milan Bozony Garland Lagesse 479 - 79th Way N.E. 7951 Broad Avenue N.E. Fridley, MN 55432 Fridley, MN 55432 Earl Gemmill James P. Bowe 468 Longfellow Street N.E. 02546 - 3rd Street N.E. Fridley, MN 55432 Minneapolis, MN 55418 Kevin Holman James P. Bowe/Resident 571 - 79th Way N.E. 7919 Broad Avenue N.E. Fridley, MN 55432 Fridley, MN 55432 Bergsagel and Rogness Planning Commission Chair 16515 - 6th Avenue North Plymouth, MN 55447 City Council Members Walter Rasmussen 541 - 79th Way N.E. Fridley, MN 55432 Earl Gemmill/Resident 560 Buffalo Street N.E. Fridley, MN 55432 Margaret Iverson 7899 Broad Avenue N.E. Fridley, MN 55432 Alden Gerszewski 7885 Broad Avenue N.E. Fridley, MN 55432 Edmund Baron 467 - 79th Way N.E. Fridley, MN 55432 Frank Pomeroy 455 - 79th Way N.E. Fridley, MN 55432 Clyde James 430 Longfellow Street N.E. Fridley, MN 55432 Resident 7870 Apex Lane N.E. Fridley, MN 55432 COMMISSION APPLICATION REVIEW FILE NUMBER FILE DATE MEETING DATE FILE DESCRIPTION L.S. #90-02 CIIYOF 26 4/27/90 5/30/90 Lot west of 479 - 79th Way N.E. ; FRIDLEY [reate -bgildgble IoL, COMPLETE REVIEW CHECKLIST AND RETURN TO PLANNING DEPT. ARB D. �� COMMENTS P! I 1CHELE M. W. 0,MARK f,10D JOHN F. Al /DARRE CLYDE M. c, 0;LEON M. s z, rM He BOB A. vta� Form No.5-M—WARRANTY DEED Minnesota Uniform Conveyancim{Blanks(1978) Miller-Davis Co.,Minneapolis Individual(s)to Joint Tenants No delinquent taxes and transfer entered;Certificate of Real Estate Value ( ) filed ( ) not required Certificate of Real Estate Value No. , 19 County Auditor by Deputy STATE DEED TAX DUE HEREON: $ Date: ' 19— (reserved 1g (reserved for recording data) FOR VALUABLE CONSIDERATION, Milan P. Bozony and Patricia A. Bozony, husband and wife ,Grantor(s), (marital status) hereby convey(s) and warrants) to Thomas W. Treuenfels and Kathryn J. Haddad ,Grantees as joint tenants,real property in Anoka County,Minnesota,described as follows: Parcel 1 : Lot 2, except the East 10 feet thereof, and all of Lot 1, Block 1, Springbrook Park, Anoka County, Minnesota, except Ar the South 25 feet thereof for 79th Way N.E. Parcel 2: AW 60 STAFF REPORT APPEALS DATE CITY OF PLANNING CONMuMSSION DATE : May 30, 1990 FMDLEY CITY COUNCIL DATE : June 18, 1990 AUTHOR MM/dn REQUEST PERMIT NUMBER L.S. 490-02 APPLICANT Jake Bozony PROPOSED REQUEST To split Lot 2, Block N, Riverview Heights in order to create two buildable lots LOCATION West of 479 - 79th Way N.E. SITE DATA SIZE West parcel, 12, 145 sq. ft. - East parcel, 14,238 sq. ft. DENSITY PRESENT ZONING R-1 , Single Family Dwelling ADJACENT LAND USES R-1 , Single Family to the East, North, and West; Fridley & ZONING Park land to the South UTLITES Available to new lot PARK DEDICATION $750.00 at time of building permit ANALYSIS FINANCIAL IMPLICATIONS CONFORMANCE TO Yes COMPREHENSIVE PLAN COMPATIBILITY WITH Yes ADJACENT USES & ZONING ENVIRONMENTAL Concern with constructing residence in or near flood CONSIDERATIONS plain - --- - - - ---- -- --- - STAFF RECOMMENDATION Approval APPEALS RECOMMENDATION PLANNING COMMISSION Approval RECOMMENDATION 6P Staff Report L.S. #90-02, Jake Bozony Page 2 Request Jake Bozony is proposing to split Lot 2, Block N, Riverview Heights into two parcels; one 10 feet wide, the other 15 feet wide, and combine them with adjacent lots in order to create two buildable lots. Mr. Bozony currently owns Lots 1, 2, 3, 4, and 5, Block N, Riverview Heights and also Lots 1 and 2, Block 1, Springbrook Park (see site plan) . Lot 2 is located west of 479 - 79th Way N.E. where Mr. Bozony resides. Site The subject parcels are zoned R-1, Single Family Dwelling, as are the parcels to the north, east, and west. Riverview Heights Park is located to the south. Analysis As Mr. Bozony owns all the lots involved in this lot split/ combination, he could in fact decide to combine Lots 2, 3, 4, and 5, Block N, Riverview Heights, and create a buildable lot for a future dwelling unit. However, Mr. Bozony is proposing to split Lot 2 in order to provide maintenance access for the future owner of 479 - 79th Way N.E. to maintain the bluff line in this location. Mr. Bozony is proposing to relocate a house that was recently constructed by students at Fridley High School to the new vacant lot, and will then sell his existing dwelling. The proposed lots meet all the zoning code requirements for lot size, lot width, and access to a public street. There are utilities available for the future dwelling unit. The westerly portion of the new lot is within the Mississippi River flood fringe. The petitioner's surveyor is currently locating the flood fringe elevation on the property and is preparing a revised survey. The zoning ordinance contains the following four provisions for subdivisions in a flood plain area (Section 205.24.09) : 1. No land shall be subdivided which is held unsuitable by the City of Fridley for reason of flooding, inadequate drainage, water supply or sewage treatment facilities. 2 . All lots within the flood plain districts shall contain a building site at or above the Regulatory Flood Protection Datum. 3 . All subdivisions shall have water and sewer disposal facilities that comply with the provisions of this Chapter and have road access both to the subdivision and to the individual sQ Staff Report L.S. #90-02, Jake Bozony Page 3 building sites no lower than two (2) feet below the Regulatory Flood Protection Datum. 4. All subdivisions in the flood plain district shall satisfy the requirements of this Chapter. The City shall evaluate the subdivision in accordance with procedures established in this district. The proposed lots meet the above criteria for subdivisions within the CRP-2 Flood Fringe District. The lot is located at the edge of the flood fringe district and can meet the flood proofing requirements of the 0-1 District. The site is serviceable by water and sewer. If the lot split is approved, Mr. Bozony may have to apply for a special use permit in order to construct his house within the flood plain should the CRP-2 elevation line fall within the location of the proposed dwelling unit. The code allows construction of residential dwellings within the CRP-2 with a special use permit. Recommendation and Stipulations Because the proposed lot split creates lots which conform to the zoning and subdivision codes, and because the subdivision meets the flood plain district criteria, staff recommends that the Planning Commission recommend approval of the lot split as proposed to the City Council with the following stipulations: 1. Should the CRP-2 flood fringe elevation fall within the area that the dwelling unit is to be located, the petitioner shall apply for a special use permit. 2. A grading and drainage plan shall be submitted prior to the issuance of a building permit. 3. The petitioner shall apply for a moving and building permit prior to placing the house on the property. Planning Commission Action Prior to the Planning Commission meeting, staff received information regarding the location of the CRP-2 elevation line. The flood fringe elevation line does not fall within the area where the dwelling is to be placed. The petitioner will not need to apply for a special use permit. The Planning Commission voted unanimously to recommend approval of the lot split request to the City Council. The Commission amended the stipulations as follows: 6R Staff Report L.S. #90-02, Jake Bozony Page 4 1. The elevation of the first habitable floor shall be at 824 or higher. 2. A grading and drainage plan shall be submitted prior to the issuance of a building permit. 3 . The petitioner shall apply for and receive a moving and building permit prior to placing the house on the property. City Council Recommendation Staff recommends that the City Council approve the lot split request by Mr. Bozony with the stipulations as amended. L.S. X690-02 Jake Bozony S //2 SEC. J ary OF O 31 1 1 /I a• c. .a.. W i4 • 1 0� . _ E • }y `r \ �r n a ELY LIBERTY14 ft.; LON6FELLOW lkl VA-� s Jyj.�r :Y '� � s �� �� i i �r•i< �� �rW� Se So - �'� or: Jo., W' 1 P4h= O°. " Cw 33 �O � ��� PEP<< �� aP „�• �) � �, ��� � / '� �� !.� _ '=t �: `���� .�•'� 9q� lee � 0� 34 LOCATION MAP "I"v oc nivUllvJ�LKi1V(s C:U. MW •PMW(612)474 x961 Fax(612)474 067 OF JAKE BOZANY'S PROPERTY J ` _ W O J , �A� �' Weot I,na OWf PARK eef of LpF 2, PC j C: 0 of Lot 1.Block 1,SPRING BROOK PARK,Anoka County. N I •~ r'� as a f for 79tH Wsy N.E ERVIEW HEIGHTS.Anoka County,Mlosamin which Ikm �.Y' ,` • i w �_y 1 i� aLp 0 RIM s.3 •�,NN, � Glu ��� v .012.Bk" N*-RIVERVIEW HEIGHTS,Anoka County, ���C+"--- ----- ----__n .aaanl dslws nM o.n 4 appswn lo ow.from,nr10n.aarorlMlM1 r'KOrdL �••"- in Mw ploperw nor IW a—Kh of Tho mew&has born msda so damrs,lee 1oowmulns We sea.aq at kw kysl dowlpd",c mpeknl kpl=&ad s Ikk apWon Lar am sea k prep.rinx llm survey. We slow only IMora Ao,bm .a—0 or ampak oumrwuross.Ike swley dew 4.ly duu. i - _ .... `��to -'r.Q 1 I.kenss Nuoga lore,so,r ro•k nwMl I.,14e.dewta[ourW ko. $; •,i ___ ,�-�� - f' V�/ Miler my dlroG supervkbn and tW I m u&M cd 1'rolesslo.M1 snrvayor •,�� x ;19-C--Jya ar Fir <.�•. �_.. set"X"In CoMcrele Fence Poet Beat L.S. #90-02 Jake Bozony 6X 10 IF -- ; 199 �r 1 . v> ELY : t 9 • v4L4 P la ,♦♦ LIBERTY ST. ` ♦♦ Z •` i7 ,, Q `• X `♦ LONGFELLOW y z . . . RIVERv W • • �=� �� ti � •�'• �� ss � ri.•_,f q s �1 •1R `% • • • • • ♦♦ • • ♦% 4 j51r, 1 •Z• ,♦; ', ,e • • % � • 4° 5 ,a ZONING MAR 9005103/30/24 BOZANY,JAKE ADVANCE SURVEYING & ENGINEERING CO. 5300 S.Hwy.No. 101 Minnetonka,MN 55345 Phone(612)474 7964 Fax(612)474 8267 SURVEY FOR: JADE BOZANY _ z 'r' ' �` SURVEYED: April 26,1990 0, r The West line of the East 10 feet of Lot 2, DRAFTED: May 16,1990 a } _ ,_ � , ` ; B►ock 1, S I N • +� PR G BROOK PARK UJ . y LEGAL DESCRIPTIONS: — ''" EAST PARCEL: 2; ` s.s 6.312'42"W, 25 E k `-.' r� Fte}ainin9 Lot 2, except the East 10 feet thereof, and all of Lot 1, Block 1, Springbrook Park, Anoka County, F Cj Wood Minnesota,except for the South 25 feet thereof for 79th Way N.E. and ' o- �---':• ' � `� °d'' _ Cry d ' Lot 1 and that part of Lot 2 lying Easterly of the Westerly 10 feet of said Lot 2,as measured at right angles co , _ r_= en ^ f' • to and parallel with the Westerly line of said Lot 2, all in Block N, River View Heights, Anoka County, ��" v' 0 Nd z I� bj Minnesota. as 'x 3# , 'u OF Q WEST PARCEL: --- --44:17--- _ I4.3°23~52° ' Lot 3, 4 and 5 and the Westerly 10 feet of Lot 2, as measured at right angles to and parallel with the Westerly line of said Lot 2, all in Block N,River View Heights, Anoka : County, Minnesota. Q LIMITATIONS: � � yp�� r :,';~ ••••_�-�eiNes�NE.�GN ��•�- _East\ane ERV:EW } We have surveyed the above described property which the client claims to own or appears to own from various government records. 'Che N `E• N We make no representation that the client does in fact own the property nor that a search of the records has been made to determine - -,-- ;��` � 'K`15 09 G _ Q LL) the extent and nature of his holdings. If there is any doubt concerning the accuracy of the legal description,competent legal counsel �►" _ _ — 'n 3 should be retained to perform a title search and issue a title opinion for our use in preparing the survey. We show only those W, <• / �� _—�'— r. easements which the client informs us of or which we happen to become aware of through other sources. The survey shows only those improvements which are visible and which we deem important. to ''' G _ STANDARD SYMBOLS &CONVENTIONS: Z !`�.► FUT _ p Z; - -� � ,.;., ; G ,v � -vR" The symbol"o"on the drawing denotes a half inch,inside diameter,galvanized steel pipe about 14 inches long fitted with a plastic plug , Q 0. ,_ O E bearing State License Number 10535, set• usually flush with the ground surface. A filled in "o" symbol denotes a found steel �'����. _ monument which are often below the ground surface. ? CERTIFICATION: dAL I hereby certify that this survey was prepared by me or under my direct supervision and that I am a licensed Professional Surveyor under the Laws of the State of Minnesota. 823 0. Samuel G.Parker,P.S.No. 10535 City of Fridley 823 CONTOUR = u -- Planning Dept. SCALE ONE INCH EQ ALS 3O FEET t°�X,,in Concrete Fence Post Base Date Rec° ��t a mr �? Tri.,.—..o T-7 .... ,a ._� .s�� fao '3Q15 v 90051":nO/-4 BOZANY'.'<A,K ,�. ADVANCE SURVEYING & ENGINEERING CO. —DENOTES EXISTING CONTOUR 5300 S.Hwy.No. 101 Minnetonka,MN 55345 Phone(612)474 7964 Fax(612)474 8267 0 SURVEY FOR• JAKE BOZONY —DENOTES PROPOSED CONTMIR N SURVEYED: April 26,1990 -1 , `` The West line of the East 10 feet Top of foundation 832 .1 of Lot 2, I ; �A �� Block 1,SPRING BROOK PARK DRAFTED: May 16, 1990. REVISED: June 14,1990. Uj ,-., y`-, ` Lowest Floor 824 .4 �- LEGAL DESCRIPTIONS: Garage floor 831.7 Q� -s� Exc; ► o EAST PARCEL: �► u` "3s S.3 42 W 25 Lot 2, except the East 10 feet thereof, and all of Lot 1, Block 1, Springbrook Park, Anoka County, F Ci W Minnesota,except for the South 25 feet thereof for 79th Way N.E. 4 ..� i ui ---- - __ 3 and �• � Lot 1 and that part of Lot 2 lying Easterly of the Westerly 10 feet of said Lot 2,as measured at right angles t�tii`:,.-`�� �� " • to and parallel with the Westerly line of said Lot 2, all in Block N, River View Heights, Anoka County, •%� v' 1 `�- Q1 z� I� Minnesota. a.6 'X 3 � 'u W. WEST oP v W WEST PARCEL: N.3°23'52"E-; • Lot 3, 4 and 5 and the Westerly 10 feet of Lot 2, as measured at right angles to and `( parallel with the Westerly line of said Lot 2, all in Block N,River View Heights,Anoka O� County,Minnesota. Ppj d, -» 2^ _ 11: t1 LIMITATIONS: t0 / � �='or't the`►'1eWµ�1Gµ-t - -- o'"o We have surveyed the above described property which the client claims to own or appears to own from various government records. _ ;�'"'% eY P Pert?' PPS g � _ _ - _ We make no representation that the client does in fact own the property nor that a search of the records has been made to determine the extent and nature of his holdings. If there is any doubt concerning the accuracy of the legal description,competent legal counsel > �� 1831 ` �►-' �� 92 9'13b ,c �Q should be retained to perform a title search and issue a title opinion for our use in preparing the survey. We show only those W, 830 C > ��� $30 / �a 6' easements which the client informs us of or which we happen to become aware of through other sources. The survey shows only those d 29 _1. - _ 830 6� �� �-a improvements which are visible and which we deem important. ass lod, on STANDARD SYMBOLS & CONVENTIONS: Z; ---" a2, y__-- Lru I F o The symbol"o"on the drawing denotes a half inch,inside diameter,galvanized steel pipe about 14 inches long fitted with a plastic plug a P .� Z bearing State License Number 10535, set, usually flush with the ground surface. A filled in "o" symbol denotes a found steel 8,30 t monument which are often below the ground surface. -� CERTIFICATION: �,•' .a' �2'' a L "s2s s `✓ 28 8 v 2 I hereby certify that this survey was prepared by me or under my direct supervision and that I am a licensed 824its 2 2a i N Professional Surveyor under the Laws of the State of Minnesota. 02 Uj Samuel G.Parker,P.S.No. 10535 VA *Z� 0�� $19 820 alt 2 a f MUG d,� 'r,, _-- 135 4�uVJ• 622 , 'Q OD Z.- 5p 00 o� ao � SCALE ONE INCH EQUALS 30 FEET Set`X-,n C-oncrete Fence Post Base d N J O B NO.9C 266 9005103/30/24 BOZANY,JAKE ■ ADVANCE SURVEYING & ENGINEERING CO. 5300 S.Hwy.No. 101 Minnetonka,MN 55345 Phone(612)474 7964 Fax(612)474 8267 SURVEY FOR: JAKE BOZANY r� SURVEYED: April 26,1990 The West line of the East 10 feet of Lot 2, v DRAFTED: May 16, 1990 a �` ` ,�%, Block t,SPRING BROOK PARK LEGAL DESCRIPTIONS: Jo 4LE� Ea4VW. ION _L 13 r -EAST PARCEL: 3 - 25 Lot 2, except the East 10 feet thereof, and all of Lot 1, Block 1, Springbrook Park, Anoka County, j= �V ''' W0°d'Re}a;n�ng Minnesota,except for the South 25 feet thereof for 79th Way N.E. , ' •� I ui : ---- ________ ____ - 3 -- ------ -- --- t and ---Z-- �• . .'� t 0+111 �► O 1 Lot 1 and that part of Lot 2 lying Easterly of the Westerly 10 feet of said Lot 2,as measured at right angles Yom`•, Go , _ o► t • to and parallel with the Westerly line of said Lot 2, all in Block N, River View Heights, Anoka County, vi ' ` --- d♦i N Zw I� Minnesota. 4,6 •x _ o: WEST PARCEL: Lot 3, 4 and 5 and the Westerly 10 feet of Lot 2, as measured at right angles to and p•. parallel with the Westerly line of said Lot 2, all in Block N,River View Heights, Anoka County, Minnesota. LIMITATIONS: r T ; CP :.ti's- "East\ine vERV�E :,- We have surveyed the above described property which the client claims to own or appears to own from various government records. -Che4k °N S 1P We make no representation that the client does in fact own the property nor that a search of the records has been made to determine � _ _ - '-- ; •% Q �~� `� '�;� "' ' W the extent and nature of his holdings. If there is any doubt concerning the accuracy of the legal description,competent legal counsel should be retained to perform a title search and issue a title opinion for our use in preparing the survey. We show only those 1J easements which the client informs us of or which we happen to become aware of through other sources. The survey shows only thoseCl improvements which are visible and which we deem important. b STANDARD SYMBOLS &CONVENTIONS: file The symbol"o"on the drawing denotes a half inch,inside diameter,galvanized steel pipe about 14 inches long fitted with a plastic plug bearing State License Number 10535, set, usually flush with the ground surface. A filled in "o" symbol denotes a found steel ,` ', '•r4 /{/ ? __ monument which are often below the ground surface. `.� •• ''"` e23 q`j J fn CERTIFICATION: Y aIL c N. I hereby certify that this survey was prepared by me or under my direct supervision and that I am a licensed- Professional icensed Professional Surveyor under the Laws of the State of Minnesota. F Samuel G.Parker,P.S.No. 10535 ��' '•� �` __ C_ City ®f Fridley 8 2 3 CONTOUR Planning Dept. r SCALE ONE INCH EQUALS 30 FEET .,_ � � '�.Se}"Y"in Concr�t� PencePost Base 3 Date Rec. J13B NO. 90151 .... -. .. .,,_.,.. . ...>.,. ......, .. - ..- a _s 4 6S PLANNING COMMISSION MEETING, MAY 30, 1990 PAGE 7 into account the lot area coverage allowable, parking requirements-, etc. Mr. Bushey stated he is willing to�Saba, er they need to do. MOTION by Ms. Sherek, seconded bto table consideration of special use permit re , SP #90-06, by Robert Bushey for Sears Outlet Store u July 25, 1990, in order to give the petitioner time come up with a new site plan or other alternative UPO A VOICE VOTE, ALL DOTING AYE, VICE-CHAIRPERSON RONDRICR GLARED THE MOTION CARRIED UNANIMOUSLY. 2. CONSIDERATION OF A LOT SPLIT L S #90-02 BY MILAN BOZONY: To split Lot 2, Block N, Riverview Heights, in order to create the following two parcels: East Parcel: Lot 2 , except the East 10 feet thereof, and all of Lot 1, Block 1, Springbrook Park, Anoka County, Minnesota, except for the South 25 feet thereof for 79th Way N.E. , and Lot 1 and that part of Lot 2 lying Easterly of the Westerly 10 feet, as measured at a right angle to and parallel with the Westerly line of said Lot 2, all in Block N, Riverview Heights, Anoka, Minnnesota. West Parcel: Lots 3, 4 , and 5 and the Westerly 10 feet of Lot 2, as measured at a right angle to and parallel with the Westerly line of said Lot 2, all in Block N, Riverview Heights, Anoka County, Minnesota. All generally located west of 479 - 79th Way N.E. MOTION by Mr. Dahlberg, seconded by Ms. Savage, to waive the reading of the public hearing notice and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 8:25 P.M. Ms. McPherson stated the petitioner owns not only Lot 2, Block N, Riverview Heights, but also the three adjacent lots to the east and the three adjacent lots to the west of Lot 2 . The site is zoned R-1, Single Family Dwelling, as are the parcels to the north, east, and west. Riverview Heights Park is located to the south. Ms. McPherson stated Mr. Bozony is proposing to split off 10 feet of Lot 2 and combine it with Lots 3, 4, and 5 of Block N, to create one buildable lot. The remaining 15 feet will be combined with Lot 1 of Block N, Riverview Heights, and also Lots 1 and 2, Block 1, Springbrook Park. PLANNING COMMISSION MEETING, MAY 30 . 1990 __ PAGE 8 Ms. McPherson stated Mr. Bozony is proposing to relocate a single family dwelling unit that was constructed by the Fridley High School students to the new lot to the west of his current dwelling unit. The two proposed lots meet all the requirements for lot size, lot width, and access to a public street. There are utilities available for the new dwelling unit. IIs. McPherson stated a portion of the westerly lot is crossed by the flood fringe line that is designated by the National Flood Insurance Program. The lot would then be governed, not only by R- 1 district regulations, but also by the 0-1, Overlay District, regulations, for construction within a flood plain. Ms. McPherson stated the zoning code contains four provisions in order for a subdivision to be approved in a flood plain area. In this instance, the two lots will meet all these provisions: 1. No land shall be subdivided which is held unsuitable by the City of Fridley for reason of flooding, inadequate drainage, water supply, or sewer treatment facilities. 2 . All lots within the flood plain districts shall contain a building site at or above the Regulatory Food Protection Datus. 3 . All subdivisions shall have water and sewer disposal facilities that comply with the provisions of this Chapter and have road access both to the subdivision and to the individual building sites no lower than two (2) feet below the Regulatory Flood Protection Datum. 4 . All subdivisions in the flood plain district shall satisfy the requirements of this Chapter. The City shall evaluate the subdivision in accordance with procedures established in this district. Ms. McPherson stated the petitioner's surveyor has plotted the 823 foot contour, the elevation at which residences need to be built at or above in order to be constructed within the flood plain. As proposed, this contour does not fall within the area where the dwelling is to be located. Ms. McPherson stated that because the lot split creates lots which conform to the zoning and subdivision codes and because the subdivision meets the flood plain district criteria, staff recommends that the Planning Commission recommend approval of the lot split as proposed to the City Council with the following recommendations (stipulation #1 in the staff report no longer applies, and staff is recommending a new stipulation #1) : 1. The first habitable floor elevation of the proposed dwelling unit shall be constructed at an elevation of su PLANNING COMMISSION MEETING, MAY 30, 1990 PAGE 9 824 feet or greater to ensure that the first floor is not within the flood fringe. 2 . A grading and drainage plan shall be submitted prior to the issuance of a building permit. _ 3. The petitioner shall apply for a moving and building permit prior to placing the house on the property. Ms. Patricia Bozony stated her husband was called away from the meeting, and she is representing the petition. She stated they want to go forward with this and are willing to do whatever the City recommends. She stated they are very excited about putting a house built by Fridley High School students on this lot. MOTION by Ms. Sherek, seconded by Mr. Saba, to recommend to City Council approval of lot split request, L.S. #90-02, by Milan Bozony, to split Lot 2, Block N, Riverview Heights, in order to create the following two parcels: East Parcel: Lot 2, except the East 10 feet thereof, and all of Lot 1, Block 1, Springbrook Park, Anoka County, Minnesota, except for the South 25 feet thereof for 79th Way N.E. , and Lot 1 and that part of Lot 2 lying Easterly of the Westerly 10 feet, as measured at a right angle to and parallel with the Westerly line of said Lot 2, all in Block N, Riverview Heights, Anoka, Minnnesota. West Parcel: Lots 3, 4, and 5 and the Westerly 10 feet of Lot 2, as measured at a right angle to and parallel with the Westerly line of said Lot 2, all in Block N, Riverview Heights, Anoka County, Minnesota. All generally located west of 479 - 79th Way N.E. This lot split request is subject to the following stipulations: 1. The lowest habitable floor shall be constructed at an elevation of 824 feet above sea level or higher to ensure that the first floor is not within the flood fringe. 2 . A grading and drainage plan shall be submitted prior to the issuance of a building permit. 3 . The petitioner shall apply for and receive a moving and building permit prior to placing the house on the property. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON XONDRICR DECLARED THE MOTION CARRIED UNANIMOUSLY. COMMUNITY DEVELOPMENT DEPARTMENT CIWOF F[4[X ( MEMORANDUM Emma DATE: June 14 , 1990 TO: William Burns, City Manager 4- FROM: Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Resolution Approving a Lot Split, L.S. #90-02, by Milan Bozony Attached is the above-referenced staff report. The Planning Commission voted to recommend approval of the lot split with the following stipulations: 1. The elevation of the first habitable floor shall be at 824 or higher. 2 . A grading and drainage plan shall be submitted prior to the issuance of a building permit. 3 . The petitioner shall apply for and receive a moving and building permit prior to placing the house on the property. Staff recommends that the City Council approve the attached resolution for the lot split request. MM/do M-90-422 sz RESOLUTION NO. 35 - 1990 RESOLUTION APPROVING A SUBDIVISION, LOT SPLIT, L.S. #90-02, TO SPLIT LOT 2, BLOCK N, RIVERVIEW HEIGHTS, IN ORDER TO CREATE TWO BUILDABLE PARCELS WHEREAS, the City Council approved a lot split at the June 18 , 1990 meeting; and the Planning Commission stipulations attached as Exhibit A; and WHEREAS, such approval was to split Lot 2, Block N, Riverview Heights, in order to create the following two parcels: East Parcel: Lot 2, except the East 10 feet thereof, and all of Lot 1, Block 1, Springbrook Park, Anoka County, Minnesota, except for the South 25 feet thereof for 79th Way N.E. , and Lot 1 and that part of Lot 2 lying Easterly of the Westerly 10 feet of said Lot 2, as measured at right angles to and parallel with the Westerly line of said Lot 2, all in Block N, Riverview Heights, Anoka County, Minnesota. West Parcel: Lots 3, 4, and 5, and the Westerly 10 feet of Lot 2, as measured at right angles to and parallel with the Westerly line of said Lot 2, all in Block N, Riverview Heights, Anoka County, Minnesota. All generally located west of 479 - 79th Way N.E. WHEREAS, the City has received the required Certificate of Survey from the owner; and WHEREAS, such approval will create two buildable parcels. NOW, THEREFORE, BE IT RESOLVED, that the City Council directs the petitioner to record this lot split at Anoka County within six months of this approval or else such approval shall be null and void. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 18TH DAY OF JUNE , 1990. WILLIAM J. NEE - MAYOR ATTEST: SHIRLEY A. HAAPALA - CITY CLERK 6AA EXHIBIT A Resolution No. 35 - 1990 1. The elevation of the first habitable floor shall be at 824 or higher. 2. A grading and drainage plan shall be submitted prior to the issuance of a building permit. 3. The petitioner shall apply for and receive a moving and building permit prior to placing the house on the property. FRIDLEY CITY COUNCIL MEETING OF JUNE 18, 1990 PAGE14 MOTION by Councilman Schneider to adopt Resolution No. 34-1990. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 6. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF MAY 30, 1990• A. RESOLUTION NO 35-1990 APPROVING A SUBDIVISION, IAT SPLIT, L S #90-02 TO SPLIT LOT 2—BLOCK N RIVERVIEW HEIGHTS, IN ORDER TO CREATE TWO BUILDABLE PARCELS: Ms. Dacy, Planning Coordinator, stated that this property is located north of 79th Way. She stated that the westerly portion of the new lot is within the Mississippi River flood fringe. However, the proposed lots meet all the zoning code requirements for lot size and width and access to a public street. She stated that the petitioner has submitted a survey showing location of the flood fringe district. Ms. Dacy stated that the Planning Commission has recommended approval of this lot split with three stipulations. She stated that one of the stipulations pertained to the flood elevation line, and the petitioner has submitted a plan which meets this stipulation. She stated that staff is recommending this resolution be adopted approving the lot split, with the three stipulations. MOTION by Councilman Fitzpatrick to adopt Resolution No. 35-1990, with the following stipulations: (1) the elevation of the first habitable floor shall be at 824 or higher; (2) a grading and drainage plan shall be submitted prior to the issuance of a building permit; and (3) the petitioner shall apply for and receive a moving and building permit prior to placing the house on the property. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. B. ESTABLISH PUBLIC HEARING TO AMEND SECTION 205.17. 03C M-1 LIGHT INDUSTRIAL ZONING DISTRICT AND SECTION 2 . 18.03C THE M-2 HEAVY INDUSTRIAL ZONING DISTRICT OF E FRIDLEY ZONING ORDINANCE: MOTION by Councilman Schneider to set the lic hearing on this zoning amendment for July 9, 1990. econded by Councilwoman Jorgenson. Upon a voice vote, all ing aye, Mayor Nee declared the motion carried unanimously. C. ESTABLISH PUBLIC HE NG TO AMEND SECTIONS OF THE FRIDLEY ZONING-ORDINANCE PERMIT NINE FOOT WIDE PARKING STALLS IN CERTAIN DIS I AND TO RE UIRE PARKING SPACES To BE DOUB - STR D• MOTION by ouncilman Schneider to set the public hearing on this zoning mendment for July 9, 1990. Seconded by Councilman rA CITY OF FW DLEY FRIDLEY MUNICIPAL CENTER •6431 UNIVERSITY AVE. N.E.FRIDLEY,MN 55432• (612)571-3450•FAX(612) 571-1287 CITY COUNCIL ACTION TAKEN NOTICE June 20, 1990 Milan "Jake" Bozony 479 - 79th Way N.E. Fridley, MN 55432 Dear Mr. Bozony: On May 18 1990, the Fridley City Council officially approved your request for a lot split, L.S. #90-02, to split Lot 2, Block N, Riverview Heights, in order to create the following two parcels: East Parcel: Lot 2, except the East 10 feet thereof, and all of Lot 1, Block 1, Springbrook Park, Anoka County, Minnesota, except for the south 25 feet thereof for 79th Way N.E. , and Lot 1 and that part of Lot 2 lying Easterly of the Westerly 10 feet of said Lot 2, as measured at right angles to and parallel with the Westerly line of said Lot 2, all in Block N, Riverview Heights, Anoka County, Minnesota. West Parcel: Lots 3, 4 , and 5, and the Westerly 10 feet of Lot 2, as measured at right angles to and parallel with the Westerly line of said Lot 2, all in Block N, Riverview Heights, Anoka County, Minnesota, all generally located west of 479 - 79th Way N.E. , with the following stipulations: 1. The elevation of the first habitable floor shall be at 824 or higher. 2 . A grading and drainage plan shall be submitted prior to the issuance of a building permit. 3 . The petitioner shall apply for and receive a moving and building permit prior to placing the house on the property. A certified copy of the resolution authorizing the lot split is enclosed. You will need this in order to record the lot split at the County Recorder's Office. Also, please remember that a park dedication fee of $750.00 will be charged at time of building permit application for the vacant lot. Milan "Jake" Bozony June 20, 1990 Page 2 If you have any questions regarding the above action, please call the Planning Department at 571-3450. Sincerely, Barbara Dacy Planning Coordinator BD/dn Please review the noted stipulations, sign the statement below and return one copy to the City of Fridley Planning Department by July 4, 1990. f 2� Concur wiW acti n taken. 9209,56 STATE OF MINNESOTA CITY COUNCIL PROCEEDINGS COUNTY OF ANOKA CITY OF FRIDLEY In the Matter of _ a lot split, L.S. #90-02 PLAVLOT SPLIT Milan Bozonv , Owner The above entitled matter came before the City Council of the City of Fridley and was heard on the 18th day of June , 1 9 90 , on a petition for a plat pursuant to the City of Fridley's Platting Ordinance, for the following described property: To split Lot 2, Block N, Riverview Heights, in order to create the following two parcels: East Parcel: Lot 2, except the East 10 feet thereof, and all --of Lot 1 , Block 1 , Springbrook Park, Anoka County, Minnesota, except for the South 25 feet thereof for 79th Way, and Lot I and that part of Lot 2 lying Easterly of the Westerly 10 feet, as measured at a right angle to and parallel with the Westerly line of said Lot 2, all in Block N, Riverview Heights, Anoka County, Minnesota. West Parcel: Lots 3, 4, and 5, and the (over) IT IS ORDERED that a plat be granted as upon the following conditions or reasons: 1 . The elevation of the first habitable floor shall be at 824 or higher. 2. A grading and drainage plan shall be submitted prior to the issuance of (over) STATE OF MINNESOTA ) COUNTY OF ANOKA ) OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) I, Shirley A. Haapala, City Clerk for the City of Fridley with and in for said City of Fridley, do hereby certify that I have compared the foregoing copy and Order granting a plat with the original record thereof preserved in my office, and have found the same to be a correct and true transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at the City of Fdley, Minnesota, in the County of Anoka on the L day of 9AFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 SHIRLEY A. AAPALA, CITY CLE ,(SEAL). d Westerly 10 feet of Lot 2, as measured at a right angle to and parallel with the Westerly line of said Lot 2, all in Block N, Riverview Heights, Anoka County, Minnesota. All generally located west of 479 - 79th Way N.E. a building permit. 3. The petitioner shall apply for and receive a moving and building permit prior to placing the house on the property. FRIDLEY CITY COUNCILMEBT NG OPV-02 al::1290 PAGE 14 MOTION by Councilman Schneide to adopt Resolution No. 34-1990. Seconded by Councilman Bil ngs. Upon a voice vote, all voting aye, Mayor Nee declared a motion carried unanimously. 6. 0 OF THE PJANNING COMMISSION MEETING OF MAY 30, 1990: A. RESOLUTION NO. 35-1990 APPROVING A SUBDIVISION. LOT SPLIT. L.S. #90-02 TO SPLIT LOT 2 BLOCK N RIVERVIEW HEIGHTS. IN ORDER TO CREATE TWO BUILDABLE PARCELS: Ms. Dacy, Planning Coordinator, stated that this property is located north of 79th Way. She stated that the westerly portion of the new lot is within the Mississippi River flood fringe. However, the proposed lots meet all the zoning code requirements for lot size and width and access to a public street. She stated that the petitioner has submitted a survey showing location of the flood fringe district. Ms. Dacy stated that the Planning Commission has recommended approval of this lot split with three stipulations. She stated that one of the stipulations pertained to the flood elevation line, and the petitioner has submitted a plan which meets this stipulation. She stated that staff is recommending this resolution be adopted approving the lot split, with the three stipulations. MOTION by Councilman Fitzpatrick to adopt Resolution No. 35-1990, with the following stipulations: , the elevation of the first habitable floor shall be at 824 r higher; a grading and drainage plan shall be submitted prior to 'issuance of a building permit; an �Jhe petitioner shall apply for and receive a moving and build g permit prior to placing the house on the property. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. B. ESTABLISH PUBLIC HEARING TO AMEND SECTION 205.17.03C (THE M-1 LIGHT INDUSTRIAL ZONING DISTRICT) AND SECTION 205.18.03C THE M-2 HEAVY INDUSTRIAL ZONING DISTRICT THE FRIDLEY ZONING ORDINANCE: MOTION by Councilman Schneider to set a public hearing on this zoning amendment for July 9, 19 Seconded by Councilwoman Jorgenson. Upon a voice vote, 1 voting aye, Mayor Nee declared the motion carried unanimou C. ESTABLISH BLI ARING O ND THE 'RIDL.EY ZONING OR-Y-RbXt TO PERMIT NINE OOT )r7 . ING STALLS IN CERTAIN TS D TO REQUIRES TO BE DOUBLE- MOTION Councilman Schneider to set the public hearing on this - zoni amendment for July 9, 1990. Seconded by Councilman 920956 Numerica� Grantor Grantee Recorded Checked-S,...... Margin Tr. Index, C:1 0 d., ,4-f -3 'Zh ,F t.., OF ANOKA C:1 in this cilice 10T FeWd Oil the O'clock-Q- By NOW SHIRLEY A. HAAPALA FRIDLEY CITY CLERK 6421 UNIVERSITY AVE NE FRIDLEY MN 55432