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LS 80-04M I ":%-OW 11 ZlIv • Yl ADDRESS AMID LEGAL DESCRIPTION: OWNER/CONTRACT PURCHASER: CONSTRUCTION DATE: ADDITIONS: 776� 2i CERTIFICATE OF OCCUPANCY A. ZONING ACTION: B. SPECIAL USE PERMIT(S): #_ C. TAT SPLIT (S) : # 0-d ISSUED: YES ND DATE ORDINANCE NO: -s- 7, D. VACATION (S) # ORDINANCE NO: E. VARIANCES APPEALS COMMISSION: APPROVED DISAPPROVED DATE NO. CITY COUNCIL: APPROVED DISAPPROVED DATE NO. F. EASEMENTS: REQ' D DEPT RECD Bikeway/walkway Street right-of-way Utility Drainage Alley Other (Specify) G. LICENSE(S) (List) : Date of Renewal: H. STIPULATIONS (List): DATE REQUIRED DATE COMPLETED I. MISCELLANEOUS: )nAln-11110 C01,11-USSION 14EETUM' JULY 23, 1980 PAGE 3.0 ar s stated that both ts SP 11,80-08 we re ptnendc to City .rj -1 "8"- b -ts Cowie for approval'. e r Id 0 L 'o C ouncil tab \M_ d 1) t TT request q t i. es -0 3 y be Lo /15 'o ,_I t -1 1 � Mr. B ardma stated that the r oni request wl 1 0 to sty uncil on -1 oi -1 dm' ty 'a s Sept 3.5. Act on the spec' I use pe -will prob - y be t: at ed by City L 1 1 tj I on Ic rezoning Coun it until they take act ii on the rezoning on'. pt. '15-. 7r . iDjiL off t 4. LOT SPLT.T REQUEST, L.S: 1180-042 D v& E CONSTRUCTION: Split off t e South 1.4 feet of Lot 7 and add it to Lo.t 6, Block 27., Hyde Park, to make a: new building.- site, the same being (Lot 7 addressed as Mr. Harris Stated this was not a public hearing, but they would 'conduct it as in informal public -bearing. Mr. Boardman stated there is presently a duplex on Lots .7 and 8. Lot 6 is a separate lot that. is a 40 -ft. lot, What the petitioner would like to do is add 14 ft, taken frons Lot 7, and add that onto Lot 6 to make Lot 6 a buildable lot size. That makes Lot 6 a 58 -ft. lot. lie stated that a duplex -size- lot,' requirement is 10,000 sq. ft., and this lot split brings the lot size of, the duplex doom to 9,600 sq. ft. This it still over 9,000 sq. ft. which is allowed' for a,single family, and a single family is only allowed in this special zoning district. Ms. Gabel FtaL(--d she xjao- concerned about the"size of the house -that 'vas toing to.be put on t1lis lot -and what kind of variances would be needed to build the house. Mr., Boardman stated that the. builder, Mr. Forrest Melville, D & E Gonstruction, was in the audience ani[ could answer those questions. Mr. Melville stated D & E ConsEruction was repr6sentin.g Mary Ann Kopp. Ile stated ghat -they are attempting to do is put in a 24' x 36' or a 24' x 40' house, zmid it would probably have to be put- endways on the lot. otherwise, the lot v-ould *n not have enough setback. Ms. -Kopp is goig on a 235 mortgage 'and under a 235 mortgage she cannot afford to buy a lot over. $10, 000. That is why they are attempting to get the lot, split and.: keep the cost down. One of- the reasons they are before the Planning Commission is because they had another lot for Hs .' Kopp,. but it Was fOUDCT unbuildabfe. As. a result of that, Ms. Kopp had already sold her house ' trailer and is now living from place to - place with her two children. They are attempting to move as fast as they can as She 11COCI3 I place to live. 11r. 1101ville stated D & R Construction works with - a company called the Stratford Company in Stratford, Wisconsin, which builds houses that are considered module. The building, is built out of state but Xa111 pass all. llinnos,ot.a rog-alations and FFA require-Ments,, etc. i j1j,A1,1,NTI1G c(r.2-II:SS7_ON I•SEI TT1,C,, JWX 231_ 1-980 W� PACE. 11 ISUT701-1 by AIs . Cribel recohd("d ley Mr. Mharton, t_o recotpnend aI 'I xoy:il t City C;(n111Ci.l. of Lot` split Request, L.S., #80-0_4+_ I) t4c 1, C(i stzucLi.on: SI�].it off t:i�r �5outil 1.4 fec:ttbf Lot: 1 ru-,.cl acid it to Lot.- 6� I;l.oSk. ..7� Ily<le I'ax:ic, to - in•1i:c,. a new building site, 06 same be_in�; 5175 2 1/2 Strect N.E. Lot- 7 .,ciclressect — 5783 2 1/2 Street: N.l��� U1,01i A V07CL VOTE, ALL VOTING AYE, CHAIRMAN HA1011S DECLARED THE NOTION CAIUZJ:ED, U11A1. IMOUSLY ; Mr. Harris stated L.S. Yf80-04 would go to City Council on August 4. 5.. LOT SPLIT REQUESTZ L o S o 0 0- EDWARD EDWARD S a JONAK: Split off the North 70 feet of Lots 4, 5, 6, Block 2, includin&,all that part of 57 1/2 Avenue N.E. (vacated, ordinance' 371.), City View, to make a new building site, the same being .5750 3rd Street. N.E. Mr. Boardman stated the problems they are having with this is that back in 1957, the City vacated the street right-of-way but* left the utilities and drainage across the whole 33.feet- of vacated street. In the staff review of this request, they came'across that and told Mr. Jonak that in order to approve the lot split, he would also have to get a vacation on those utility easements. They have talked to Engineering, and Engineering sees no problems - in vacating thor,e easement areas as there ar,e no utilities in that 33 feet, however, Staff %-r' 'n, d like that vacation done t:r`* go along with the lot spi.'t -Mr. Boardman stated that there are presently no utilities on 3rd Street and the .only utilities available to that property are on 57th Place. Mr. Jonak owns Lots 4, 5, and 6 to the south and easements would have to be dedicated .off those lots to allow utility easements to get up to that new lot to build. Mr. Boardman stated his recommendation would be to continue the lot split request until the.vacation of utilities is applied for. Mr. Jonak stated lie would like to submit: the request that the utility case= ment retained by the City be vacated and that the vacation fee be waived. Mr. Boardman stated this request would have to be submitted to the City Council as the Planning Commission does not 'have! the authority to waive fees. L,K'TION by )Ir, j harL'o_xc, seconded by 11s . Gabel, i o recoamlct1d approval t c+ Cif y Council of lot- split request, L.S. 80-05, by Edward S. Jonak:_Spli.t off tlic NrrLl1 70 `feet of lots 4�,i, 6 Ulcscl� ?_ 2--l- -' i.nlucl.ll that^ part: of 57 1/2_ Avenue N,T. v: catecl, ordinance 371.), Citry,Vict;1to tnalcc a new building site, th_e snmc�_bc?i.ny; 575 t} 3rcl�St:�N.E., seibioct: to tli vac;ii-ion_oi the xiti.li.ties in the adjc,i_niny str_cc�t1_�1i.t^h tllc ol.l.ot ixl{�:�i:.i4l�til.at_xo:t: That en emanL lea allowed for ui:ili.t:ics along the southerly port:i.oa of lots 4, 5, and 6, r _ 111'01 A VOICE VOTR; Alals VOTING AYE, CIIA:1:1ZK\N 1TAU11S 1)1XLA1:XD THE LOTION CAIU%' IED UNANIMOUSLY', REGULAR MEETING OF AUGUST 4, 1980 PAGE 3 - � o Mr. Qureshi, City Manager, felt it may be better to have the public hearing on all the issues at one time. I MOTION b C '1 F' y ounce man itzpatrick to set a public hearing for the special use permit on September 15, 1980. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OF LOT SPLIT - TO MAKE Mr. Flora, Public Works Director, stated this request is to split off the South 14 feet of Lot 7 and add it to Lot 6, Block, Hyde Park in order, to make a new building site. At this time, 7:55 p.m., Councilwoman Moses arrived at the meeting. MOTION by Councilman Fitzpatrick to concur with the recommendation of the Planning Commission and grant Lot Split, LS #80-04. Seconded by Councilman Barnette. Mr. Qureshi, City Manager, stated if this property has not paid the appropriate Water, Sewer and Storm Sewer assessments, they would pay their proportionate share. Mr. Lee Ekenberg, representing D & E Construction, stated they have taken soil borings on the lot to determine if it is buildable and the structure proposed conforms with all building codes. Mr. Ekenberg explained the reason they want the additional 14 feat is in order to meet the code requirements. He stated they have a 24 x 40 foot house planned for this lot and, under the Housing and Urban Development 235 program, they would be putting in a driveway, but -no garage would be built at this time. Councilwoman Moses questioned the requirement for a garage, since this was required several weeks ago when another applicant was building a new home. Mr. Qureshi, City Manager, explained this lot was platted before the ordinance adopting the garage requirement, therefore, the only requirement would be for a driveway and off-street parking pad. Councilman Schneider asked if Lots 7 and 8, with removal of this 14 feet, would remain legal lots. Mr. Flora stated, they do meet the square footage require- ments, but are short one foot on the front footage. Councilman Schneider questioned if it would be better to have a 13 foot lot split and then grant a variance for reduction of the lot size. Mr. Qureshi, City Managerl; stated; in lots that:.are platted before 1955, there is lower front footage requirement, which would be the case in this instance. Mr. Qureshi pointed out this is an area where the City has had drainage problems. Mr. Ekenberg stated they don't anticipate any.drairage problems on this lot, however, they would be installing drain tiles. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye,°and Mayor Nee declaree motion carried unanimously. CONSIDERATION OF LOT SPLIT RE !BEST, LS #80-05, TO MAKE NEW BUILDING SITE VACATED ORD. 371 , 5750 - 3RD STREET, EDWARD S. JONAK: Mr. -Flora, Public Works Director, stated the owner of Lots 4, 5, and 6, Block 2, wishes to split off the North 70 feet of these lots, including all that part of 57-2 Avenue N.E. (vacated, ordinance 371), City View, to make a new building site. Mr. Flora stated a utility easement would have to be vacated, and the petitioner is requesting a waiver of the vacation fee. 201 - I®2 REGULAR MEETING OF AUGUST 4, 1980 PAGE 4 Mr. Qureshi stated the City is required legally to publish notice for vacation and the fee is to pay for these costs. He stated he would recommend the fee not be waived as he felt, if there is a new building site; there would be a sizeable increase in the value of the property. Mr. Qureshi felt, at the time of the public hearing, there should be a proposed plan showing the layout of the house on the lot. MOTION by Councilman Fitzpatrick to set a public hearing on this request. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ITEM FROM APPEALS COMMISSION MINUTES OF JULY 15, 1980: REQUEST FOR VARIANCES TO REDUCE SIDEYARD AND DRIVEWAY SETBACKS TO ALLOW CONSTRUCTION OF NEW DRIVEWAY, 7645 BAKER STREET, R.M.S. CO., INC. Mr. Flora, Public Works Director, stated this is a request for a variance to. reduce the side yard setback.from 30 to 25 feet and to reduce the driveway setback from 5 to 0 feet to allow the construction of -a nev► driveway on Lots 5 and 6, Block 1, Nagel's Woodlands at 7645 Baker Street. Mr. Flora stated, in processing this request, a number of deficiencie4 were identified such as no concrete curbing, lack of screening, and arrangements for proper drainage. Mr. Flora stated the petitioner agreed to install a concrete curb along the existing driveway and also along the new driveway and to provide additional landscaping. He stated staff is currently working with him on developing a ponding area, to the rear of the building, which would control the water in that area. Mr. Habig, representing R.M.S. Co., Inc., stated the owner of the property to the South was at the Appeals Commission meeting and had no objections. Mr. Habig stated, with the new driveway, it would enable semi -trailers to drive-thru since it is now impossible for them to turn around. Councilwoman Moses questioned the location of the holding pond. Mr. Habig stated most of the ponding area would be on Lot 7 and a small portion on Lot 6. He stated this was the reason the owner of Lot 7 was at the Appeals Commission meeting and it was agreeable with him. Mr. Habig presented a drawing showing the proposed ponding area. Mr. Qureshi, City Manager, stated the variances could be approved with the stipulation that the drainage problem is resolved with the City and the Neigh- boring property owners. He stated there should be an additional stipulation that Lots 5, 6 and 8 be tied together and an agreement that no portion of these properties would be sold separately, unless the City is notified and approval obtained. MOTION by Councilwoman Moses to concur with the recommendation of the Appeals Commission and grant the request for a variance to reduce the side yard set- back from 30 to 25 feet and the driveway setback from 5 to 0 feet to allow construction of a new driveway with the following stipulations: (1) That the petitioner work with staff in resolving drainage and landscaping problems and be given five years to complete the concrete curbing, if there will not be any future construction. (2) That Lots 5, 6 and 8 be tied together so that if any portion of these properties are to be sold, approval would be needed from -the City to sell the lots separately. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared.the motion carried unanimously.