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
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LOCATION MAP
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MW •PMW(612)474 x961 Fax(612)474 067
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L.S. #90-02
Jake Bozony 6X
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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
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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
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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,......
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By NOW
SHIRLEY A. HAAPALA
FRIDLEY CITY CLERK
6421 UNIVERSITY AVE NE
FRIDLEY MN 55432