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ENGR 68-30MEMO TO: Nasim M. Qureshi, City Engineer MEMO FROM: Darrel Clark, Engineering Assistant MEMO DATE: October 15, 1968 MEMO NUMBER: #35 Engr. #68-30 RE: McClish Single Family Dwelling Permit Request on the South Half of Lot 4 and All of Lot 5, Block 14, Hamilton's Addition to Mechanicsville July 14, 1960: Permit for triplex taken out by B & M Inc. on Lot 3, except north 10 feet, all of Lots 4 and 5, Block 14. However, he owned only Lot 3 except the north 10 feet and all of Lot 4. October 19, 1960: B & M Inc. sold triplex with Lot 3 except north 10 feet and the NZ of Lot 4 (no split requested) to George Game. B & M Inc. kept the NZ of Lot 4. April 21, 1961: Garage permit for entire tract ownership indicated on permit was McClish and B & M Inc. was builder. May 5, 1961: McClish bought Lot 5 from Wuckila. September, 1962: McClish appeared before the Planning Commission and inquired about splitting Lot 3 except the north 10 feet, all of Lots 4 and 5 into two sites: (1) 50'x130' for the triplex (2) 60'x130' for a new single family dwelling or the possibility of building a single family dwelling just on Lot 5. Planning Commission advised that neither proposal would meet present area requirements. Planning Commission minutes of September 27, 1962. February 12, 1964: McClish became actual owner of record of the triplex with Lot 3 except the north 10' and the NZ of Lot 4. June 1, 1964: McClish also became owner of record of the SZ of Lot 4, therefore as of this date McClish was the owner of the entire tract, Lot 3 except the north 10' and all of Lots 4 and 5 and should have had full knowledge of the part that at least the City Planning Com- mission thought that the full 110' was needed for the triplex due to their lot split inquiry back in September of 1962. August 10, 1964: Ardis McCarty, in a letter to the City, stated she was the new owner of the SZ of Lot 4 and Lot 5 and.was requesting a building permit (she never became owner of record at the County). The permit was denied by Council on September 21, 1964 for the reason all the land was indicated on the triplex permit back in 1960 and was necessary to meet the area requirements. Memo #35 Engr. #68-30 McClish Page 2 November 8, 1967: Permit application by McClish to build a single family dwelling on the south 60' of the tract leaving 50' for the triplex. The Board of Appeals did i/i accept the request. November 20, 1967: City Council asked McClish to deed to the owner of the triplex 15' making the triplex site 65' and the remaining 45' for the proposed single family dwelling. December 29, 1967: New owner of record, Edgar Bernard, of Lot 3 except the north 10' and the North half of Lot 4, with McClish still owner of the SZ of Lot 4 and all of Lot 5. March 6, 1968: The Board of Appeals discussed the McClish problem and the minutes state "The Board's motion and Council's action stands as stated. Recourse District Court. August 1968: A registered letter was sent to triplex owner, Bernard, by McClish, copy attached, no answer from Bernard. October 21, 1968: Petition is back to Council asking for original request to be granted. DARREL CLARK Engineering Assistant COPY COPY COPY COPY August , 68 Dear Mr. Edgar Bernard I went to see the City Clerk & told him what we offered you (on the telephone) & that you wern't interested. But it seems we should have put it in writting & sent it, registered mail. Am writting this in triplicate (one copy for you, the City Council & ourselves). We're making the same offer we made to you on the telephone. They (The City Council) say your Tri Plex hasn't ample parking vicilities so they want us to give you (15') fifteen ft. of our property on the south side of the Tri Plex providing you let us have an easement for Driveway to gain entry to garage. We decided to give up our land to you with the understand- ing you pay for all the taxes we've had to pay on the (15') fifteen ft. We would like you to answer this letter within (7) seven days, if by then you do not, we will assume your still not interested & we'll take the next steps. Sincerely Mr. & Mrs. Wm. McClish 6549 Fridley St. N.E. Mpls. Minn. 55432 1 ` REGULAR COUNCIL MEETING, NOVEMBER 20, 1967 PACE 12 2. CONSI'DERATION OF THE ANOICA COUNTY ICE ATIENA PLANS: The City Engineer said that the amount of land is small for the type of facility that is being planned, and there is no storm sewer. lie said that water will be draining from the southeast corner onto City property, and he feels that the County should acquire more property so they can contain their own water.. The CityEngineer showed the Council a map of the park and showed the way that it will expand. Councilman Samuelson asked how the area complies with the Ordinance. The City Engineer said that it would comply if there was a complete storm sewer system, but as such, it does not, and they should have more area so that all the water is con- tained on their property. He said this 'should be impressed upon them. MOTION by Councilman Sheridan to refer this item to the Administration for their recommendation to the Council regarding the Anoka County Ice Arena. The motion was seconded, and upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. MOTION by Councilman Samuelson to receive the Minutes of the Building Standards - Design Control Subcommittee Meeting of November 7, 1967. Seconded by Councilman Liebl. Upon a voice vote, there being no nays,. Mayor KirF:ham declared the motion carried. THE MINUTES OF THE BOARD OF APPEALS MEETING, NOVEMBER S, 1967: 1. REQUEST FOR A VARIANCE FROM SECTION 45.391, BY WAIVER OF RE UQ_IREFLENTS OF PROVISIONS RELATING TO THE CONSTRUCTION OF A ONE -FAMILY DWELLING ON THE SOUTH ONE-IIALF OF LOT 4, AND ALL OF LOT 5, BLOCK 14, HAMILTON'S ADDITION TO MECHANICSVILLE. REQUEST BY WILLIAM MCCLISH., 6549 FRIDLEY STREET NORTHEAST, FRIDLEY, MINNESOTA 55421): The City Engineer said that there is still a problem with -this lot. He said that there is a garage which was built for the tri-plex, which Mr. McClish will use for his land, which leaves the problem of parking for the tri-plex, and the tri-plex cannot be forced to provide parking. The City Attorney said that he had received a letter fr.-,m Mr. Wsrgo that at one time all this, land was owned by'Mr. McClish. There was a discussion between the City Attorney and Mr. McClish about the dates at which he acquired the different lots and whom he acquired them from. The City Attorney's figures showed that, although Mr. McClish acquired the property at different times, at one time he held title to all the different parcels. The City Manager suggested that the City Attorney could be directed to see if there was some procedure that could be enforced by the County Authorities, whereby a certificate from the Building Inspector would be required in the case of a lot split. Councilman Samuelson said he agreed with this. Councilman Sheridan said that when the original request came in, it showed three parcels, but the owner had not owned one of these lots. Councilman Liebl asked Mr. McClish to come to the Council table and show where these lots were situated on the map. There was a long discussion of the different possibilities at the Council table. I REGULAI: COUNCIL riEETl'NG, NOVEMBER 20, 1967 PAGE 13 Mr. McClish was asked if he would be willing to deed 15 feet of land to the tri -plea if he were allowed to build on a 45 foot lot. Mr. McClish said that he would if the owner were willing to pay the back taxes on it. Mayor Kirkham suggested that if he would try and negotiate this with the owner of the tri-plex,.and give him 15 feet, and the Council allowed him to build on the 45 foot lot, he could still maintain his 10 feet side yard require- ments, and this may be a satisfactory compromise. Councilman Sheridan said that they could also work out a driveway easement regarding the garage. The City Engineer suggested that the problem of the required four paved parking areas for off-street parking for the tri-plex could be solved at this time also.' Councilman Sheridan said this would be fine, but the agreement should not be contingent on solving this problem. Mayor Kirkham suggested they get together with the City Manager and try to work out an agreement. Mayor Kirkham said that the Council does not need to take action this evening, but that it can be turned over to the Administration to come up with a reasonable solution. . MOTION by Councilman Sheridan to receive the Minutes of the Board of Appeals Meeting of November 8, 1967. Seconded by Councilman Lie bl. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. PLANNING COMMISSION MEETING MINUTES. NOVEMBER 9. 1967: 1. INTERSECTION PATTERN: MISSISSIPPI STREET AND EAST RIVER ROAD, BOB S PRODUCE RANCH: C Mr. Schroer was present at the Council Meeting and came to the Council Meeting and came to the Council table while the Council looked at his new plan for his property at the intersection of Mississippi Street and East River Road. The plan is to go to.the Plats & Subdivisions - Streets & Utilities Subcommittee and will come back to the Council with their recommendations. 2. PROPOSED PLANNED DEVELOPADENT: INNSBRUCK NORTH. ACRES. INC: MOTION by Councilman Sheridan to set the Public Hearing for the rezoning (ZOA #67-14) proposed Planned Development for Innsbruck North by Acres, Inc. for December 11, 1967. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. MOTION by Councilman Samuelson to receive and file the minutes of the Planning Commission Meeting of November 9, 1967. Seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. DANGFROUS BUILDING ACTION FOR 6015 - 21i STREET NOrtTI]EAST: Councilman Liebl said that he has brought this property to the attention of the Council by asking the City Managcr to put it on the agenda. He said this building is not up to standards and is an eye -sore for the City. He said that there were nice homes on either side of this building. The City Attorney said he had prepared a petition for condemnation and requesting the removal of the building based on the report. 9 MEMO TO Nasim M. Qureshi, City Engineer MEMO FROM: Darrel Clark, Engineering Assistant MEMO DATE: October 15, 1968 MEMO NUMBER: #35.Engr. #68-30 RE: McClish Single Familv Dwelling Permit South Half of Lot 4 and All of Lot 5, Hamilton's Addition to Mechanicsville 1 July 14, 1960: Permit for triplex taken out by.B & M Inc. on Lot 3, except north 10 feet, all of Lots 4 and 5, Block 14. However, he owned only Lot 3 except the north 10 feet and all of Lot 4. October 19, 1960 B & M Inc. sold triplex with Lot 3 except north 10 feet and the Na of Lot 4 (no split requested) to George Game. B & M Inc. kept the N2 of Lot 4. April 21, 1961: Garage permit for entire tract ownership indicated on permit was McClish and B & M Inc. was builder. May 5, 1961: McClish bought Lot 5 from Wuckila. September, 1962: McClish appeared before the Planning Commission and inquired about splitting Lot 3 except the north 10 feet, all of Lots 4 and 5 into two sites: (1) 50'x130' for the triplex (2) 60'x130' for a new single family dwelling or the possibility of building a single family dwelling just on Lot 5. Planning Commission advised that neither proposal would meet present area requirements. Planning Commission minutes of September 27, 1962. February 12, 1964: McClish became actual owner of record of the triplex with Lot 3 except the north 10' and the NZ of Lot 4. June 1, 1964: McClish also became owner of record of the S2 of Lot 4, therefore as of this date McClish was the owner of the entire tract, Lot 3 except the north 10' and all of Lots 4 and 5 and should have had full knowledge of the part that at least the City Planning Com- mission thought that the full 110' was needed for the triplex due to their lot split inquiry back in September of 1962. August 10, 1964: Ardis McCarty, in a letter to the City, stated she was the new owner of the S2 of Lot 4 and Lot 5 and.was requesting a building permit (she never became owner of record at the County). The permit was denied by Council on September 21, 1964 for the reason all the land was indicated on the triplex permit back in 1960 and was necessary to meet the area requirements. Memo #35 Engr. #68-30 McClish Page 2 November 8, 1967: Permit application by McClish to build a single family dwelling on the south 60' of the tract leaving 50' for the triplex. The Board of Appeals did fob accept the request. November 20, 1967: City Council asked.McClish to deed to the owner of the triplex 15' making the triplex site 65' and the remaining 45' for the proposed single family dwelling. December 29, 1967: New owner of record, Edgar Bernard, of Lot 3 except the north 10' and the North half of Lot 4, with McClish still owner of the SZ of Lot 4 and all of Lot 5. March 6, 1968: The Board of Appeals discussed the McClish problem and the minutes state "The Board's motion and Council's action stands as stated. Recourse District Court. August 1968: A registered letter was sent to triplex owner, Bernard, by McClish, copy attached, no answer from Bernard. October 21, 1968: Petition is back to.Council asking for original request to be granted. QeL• DARREL CLARK Engineering Assistant OFFICIAL PUBLICATION OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE BOARD OF APPEALS TO WHOM IT M2kY CONCERN: NOTICE IS HEREBY GIVEN THAT the Board of Appeals of the City of Fridley will meet in the Council Chambers of the City Hall at 7:30 o'clock P.M., Wednesday, November 1, 1967, to consider the following matter: �A request for a variance(from Section 45,391, City Code of Fridley, Minnesota 1963, revised December 31, 1965, by waiver of requirements or provisions relating to the construction of a one -family diaelling on the South one-half of Lot 4, and all of Lot 5, Block 14, Hamilton's Addition to Mechanicsville, Anoka County, Minnesota-rin+ch property is actually a portion of land described in legal description on which Permit #4746 was issued to*,construct a 3 -family structure at 5370'- 5th Street Northeast, Fridley, Minnesota„ Certificate of Survey, dated. August 8, 1967, (Request. by William McCli,sh, 6549 Fridley Street Northeast,, Fridley, Minnesota 55421) Anyone desiring to be heard with reference to the above matter will be heard at this meeting. Robed E 'liner, Publish: October 20, 1967 October 27, 1967 0 CHAIP14M o BOARD OF APPEALS 'ATE OF SURVEY JAMES L. KURTH - LAND SURVEYOR 4201 N. E. 5TH STREET ! COLU!v1BIA HEIGHTS 55421 786-5004 1 HEREBY CERTIFY THAT THIS SURVCY. PLAN. OR REPORT WAS PREPARED BY ME OR'UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY REGISTERED LAND SURVEYOR UNDER THF. LAWS OF 114C STATE OF MINNESOTA DATE v 130 '- °-•A � Permit #4746 SCALE I" = 30' MINNESOTA REGISI-RATION NO. 5332 1960 for 5370 C— IRON tv ONUMENT j �j 0 f r 3 ' }'� .� t 1 w- ,0 �l `S 50 , 4� L� ul iZ - - s r U' St;�• � e;r c,r , Si OI LOU 4, a:v! u2' Of Lot, 5, TiOCk 14, Z:::;L`? trQ;t i 4C'd2 tion to '1•t9C:.rI1'.Q" �'��.�.f p �.1Ci:�, vC i'I`�^j is.. -- Proposed c' p Exist' J ul iZ - - s r U' St;�• � e;r c,r , Si OI LOU 4, a:v! u2' Of Lot, 5, TiOCk 14, Z:::;L`? trQ;t i 4C'd2 tion to '1•t9C:.rI1'.Q" �'��.�.f p �.1Ci:�, vC i'I`�^j is.. s �v6���`�5♦'r"s'"7 ! 1 /�'rj�fi�(,.P A^i�v�y I , ^10 �. ! op r ..e s �v6���`�5♦'r"s'"7 ! 1 /�'rj�fi�(,.P A^i�v�y I , ^10 �. ! op r 0 6 COPY COPY COPY COPY August , 68 Dear Mr. Edgar Bernard I went to see the City Clerk & told him what we offered you (on the telephone) & that you wern't interested. But it seems we should have put it in writting & sent it, registered mail. Am writting this in triplicate (one copy for you, the City Council & ourselves). We're making the same offer we made to you on the telephone. They (The City Council) say your Tri Plex hasn't ample parking vicilities so they want us to give you (15') fifteen ft. of our property on the south side of the Tri Plex providing you let us have an easement for Driveway to gain entry to garage. We decided to give up our land to you with the understand- ing you pay for all the taxes we've had to pay on the (15') fifteen ft. We would like you to answer this letter within (7) seven days, if by then you do not, we will assume your still not interested & we'll take the next steps. Sincerely Mr. & Mrs. Wm. McClish 6549 Fridley St. N.E. Mpls. Minn. 55432 1% a 4- C i if ` I C AT* E OF SURVEY JAMES L. KURTH LAND SURVEYOR 4201 N. E. 5TH STREET COLUMBIA HEIGHTS 55421 788-5004 I HEREBY CERTIFY THAT THIS SURVEY. P I LAN. OR REPORT WAS PREPARED BY ME OR:UNDER MY DIRECT SUPERVISION AND THAT I AM A'DULY REGISTERED LAND SURVEYOR UNDF-k THE LAWS OF: THE STA -IE: OF MINNESOTA DATE SCALE 1"= B0, "ILA Permit #4746 MINNESOCA REGISTRATION NO. 5332 1960 for 5370 o= [RON MONUMENT 39,-! -j V, 51 of Lo". 4, anil a.1-1 ot 5p —110cl- 14, F-1-710-1ic-r--'s A(!djt'2r-,.n to-, -..� r C. t'a ........ Co I-% c - Exist' Proposed 0 3ja t tl L.4 V, 51 of Lo". 4, anil a.1-1 ot 5p —110cl- 14, F-1-710-1ic-r--'s A(!djt'2r-,.n to-, -..� r C. t'a ........ BOARD OF APPEALS, MARCH 69 1968 PAGE 2 2. DISCUSSION OF MR. MCCLISH�S PROBLEM AT 5370 5TH STREET S.E. The Boardfs motion and Councills action stands as stated. Recourse - District Court, ADJOURNMENT There being no other business, the meeting adjourned at 8:05 P.M. Respectfully submitted, Donald Mittelstadt Acting Secretary to the Board REGULAR COUNCIL M1-:ET1NG2 NOVEDu3ER 202 1967 PAGE 12 2. CONSIDERATION OF THE ANOI:A COUNTY ICE ARENA PLANS: The City Engineer said that the amount of land is small for the type of facility that is being planned, and there is no storm sewer. He said that water will be draining from the southeast corner onto City property, and he feels that the County should acquire more property so they can contain their own water. 'The CityEngineer showed the Council a map of the park and showed the way that it will expand. Councilman Samuelson asked how the area complies with the Ordinance. The City Engineer said that it would comply if there was a complete storm sewer system, but as.such, it does not, and they should have more area so that all the water is con- tained on their property. He said this •s`iould be impressed upon them. MOTION by Councilman Sheridan to refer this item to the Administration for their recommendation to the Council regarding the Anoka County Ice Arena. The motion was seconded, and upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. MOTION by Councilman Samuelson to receive the Minutes of the Building Standards - Design Control Subcommittee Meeting of November 7, 1967. Seconded by Councilman Liebl. Upon a voice vote, there being no nays,_ Mayor Kir1',ham declared the motion carried. THE MINUTES OF THE BOARD OF APPEALS MEETING,, NOVEMBER S, 1967: 1. REQUEST FOR A VARIANCE FROM SECTION 45.391, BY WAIVER OF RE UQ_IREMENTS OF PROVISIONS RELATING TO THE CONSTRUCTION OF A ONE -FAMILY DWELLING l` ON THE SOUTH ONE-HALF OF LOT 4, AND ALL OF LOT 5, BLOCK 14, HAMILTON'S ADDITION TO MECHANICSVILLE. REQUEST BY WILLIAM MCCLISH, 6549 FRIDLEY STREET NORTHEAST, FRIDLEY, MINNESOTA 55421): The City Engineer said that there is still a problem with.this lot. He said that there is a garage which was built for the tri-plex, which Mr. McClish will use for his land, which leaves the problem of parking for the tri-plex, and the tri-plex cannot be forced to provide parking. The City Attorney said that he had received a letter fr:,m Mr. Wargo. that at one time all this sand was owned by'Mr. McClish. There was a discussion between the City Attorney and Mr. McClish about the dates at which he acquired the different lots and whom he acquired them from. The City Attorney's figures showed that, although Mr. McClish acquired the property at different times, at one time he held title to all the different parcels. The City Manager suggested that the City Attorney could be directed to see if there was some procedure that could be enforced by the County Authorities, whereby a certificate from the Building Inspector would be required in the case of a lot split. Councilman Samuelson said he agreed with this. Councilman Sheridan said that when the original request came in, it showed three parcels, but the owner had not owned one of these lots. Councilman Liebl asked Mr. McClish to come to the Council table and show where these lots were situated on the map. There was a long discussion of the different possibilities at the Council table. REGULAR COUNCIL MEETING, NOVEMBER 20, 1967 PAGE. 13 ` Mr. McClish was asked if he would be willing to deed 15 feet of land to the +1 tri-plex if he were allowed to build on a 45 foot lot. Mr. McClish said that he would if the owner were willing to pay the back taxes on it. Mayor Kirkham suggested that if he would try and negotiate this with the owner of the, tri-plex, and give him 15 feet, and the Council allowed him to build on the 45 foot lot, he could still maintain his 10 feet side yard require- ments, and this may be a satisfactory compromise. Councilman Sheridan said that they could also work out a driveway easement regarding the garage. The City Engineer suggested that the problem of the required four paved parking areas for off-street parking for the tri-plex could be solved at this time also.- Councilman'Sheridan said this would be fine, but the agreement should not be contingent on solving this problem. Mayor Kirkham suggested they get together with the City Manager and try to work out an agreement. Mayor Kirkham said that the Council does not need to take action this evening, but that it can be turned over to the Administration to come up with a reasonable solution. MOTION by Councilman Sheridan to receive the Minutes of the Board of Appeals Meeting of November 8, 1967. Seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. PLANNING COMMISSION MEETING MINUTES, NOVEMBER 9, 1967: 1. INTERSECTION PATTERN:. MISSISSIPPI STREET AND EAST RIVER ROAD, BOB'S PRODUCE RANCH: C Mr. Schroer was present at the Council Meeting and came to the Council Meeting and came to the Council table while the Council looked at his new plan for his property at the intersection of Mississippi Street and East River Road. The plan is to go to the Plats & Subdivisions - Streets & Utilities Subcommittee and will come back to the Council with their recommendations. 2. PROPOSED PLANNED DEVELOPMENT: INNSBRUCK NORTH, ACRES, INC: MOTION by Councilman Sheridan to set the Public Hearing for the rezoning (ZOA 467-14) proposed Planned Development for Innsbruck North by Acres, Inc. for December 11, 1967. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. MOTION by Councilman Samuelson to receive and file the minutes of the Planning Commission Meeting of November 9, 1967. Seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. DANGEROUS BUILDING ACTION FOR 6015 - 2z STREET NORTHEAST: Councilman Liebl said that he has brought this property to the attention of the Council by asking the City Manager to put it on the agenda. He said this building is not up to standards and is an eye sore for the City. He said that there were nice homes on either side of this building. The City Attorney said he had prepared a petition for condemnation and requesting the removal of the building based on the report. . i THE MINUTES OF T11E BOARD OF APPEALS MEETING OF NOVEMBER 8, 1967 The Meeting was called to order by Chairman Ylinen at 7:35 P.M. ROLL CALL MEMBERS PRESENT: Ylinen, Ahonen, Minish MEMBERS ABSENT: Mittelstadt, Saunders APPROVAL OF MINUTES: As.the Minutes of the Meeting of November 1, 1967 were not available, no action was taken as to their approval or disapproval. 1. REQUEST FOR A VARIANCE FROM SECTION 45.391, CITY CODE OF FRIDLEY, MINNESOTA 1963, REVISED DECEMBER 31, 1965, BY WAIVER OF REQUIREMENTS OR PROVISIONS_ RELATING TO THE CONS'iRUCTION OF A ONE -FAMILY DWELLING ON THE SOUTH ONE-HALF OF LOT 4, AND ALL OF LOT 5, BLOCK 14, HAMILTON'S ADDITION TO MECHANICSVILLE, ANOKA COUNTY, MINNESOTA WHICH PROPERTY IS ACTUALLY A PORTION OF LAND DES- CRIBED IN LEGAL DESCRIPTION ON WHICH PEM%ITT #4746 WAS ISSUED TO CONSTRUCT A 3 -FAMILY STRUCTURE AT 5370 - 5TH STREET NORTHEAST, FRIDLEY, MINNESOTA. CERTIFICATE OF SURVEY, DATED AUGUST 8, 1967 (REQUEST BY WILLIAM MCCLISH, 6549 FRIDLEY STREET NORTHEAST, FRIDLEY, MINNESOTA 55421): Mr. McClish was present.and again explained his proposal to the Board of Appeals. Bob Minish conveyed information he had received from Virgil Herrick to the attending members of the Board. MOTION by Ahonen to accept the Variance for the following reasons: A. The tri-plex was originally sold to Mr. McClish without the necessary land area. This gives some merit to his feeling that he should be able to sell it in the same condition. B. Denying the variance would not remedy the situation as the owner of the tri-plex cannot be made to comply with the code. Mr. McClish could sell the property to another party. They could request a variance as an "innocent" party and we would again be faced with the problem. If it was again denied, the property becomes worthless. MOTION was seconded by Minish. Those voting in favor: Ahonen and Ylinen. Opposed: Minish. The motion carried. NIL TIE MINUTES OR TEE BOARD OF APPEALS, NOVEMBER 8, 1967 Mr. Minish opposed the request because he felt that, from*minutes of past meetings, Mr. McClish was aware of the requirements for the tri-plex and at one point in time he did own all of the property in question. The Board feels that the City Council and all persons responsible for the initiation and follow-up of such action which would prevent the recurrance of the above situation be immediately informed of the condition so they may take the necessary action to encourage or force compliance with the code. ADJOURMlENT There being no further business, Chairman Ylinen declared the meeting adjourned at 8;15 P.M. Respectfully submitted, Robert G. Ahonen Member of the Board PAGE 2 �,I r t ; ! FnRpI.TY FOR�pPRNATEUSLO AVOID (; pp5 s Y9fHTOFPOSTAGES ! ` t,,,.""POSTMARK-OF__,..,. {j.F`tZEPARTMENT 4��L 0 INESS .. i C P 'i ✓� •�"""�y.� �.-DEL•TVEftING OFFICE .. TO f 5° .� AUG23 -' 1963 INSTRUCTIONS, Show name and address below and j complete instructions on other side, where applicable- RETURN attach and bold firmly to back Moisten gummed ends, of article. Print on front of article RETURN TO .. RECEIPT REQUESTED. _ a NAME OF SENDER �v9 STREET AND N0. OR 0. BOX It POST OFFICE, TATE, AND ZIP CODE • P • 'v N Y CITY COUNCIL EXCERPT CITY ATTORNEY, TRIPIa : September 21,-1964 Mayor Nee announced a communication from City Attorney Smith relative to a building permit for a tri-plex in Block 14, Hamilton's Addition to Mechanicsville and requested an explanation of the law in this matter. Mayor Nee atated there should be some :ray the City Council could take action and inquired if an.owner could sell all the property around his house, if he so chose. City Attorney Smith replied they could support -the-theory of the land around the building but there wasn't anything in the code otherwise., that they should have a general.provision where there is an application for any permit or license and there is a false statement made that it is in violation. He further explained the same was true for any application they might have and this had never been specified. Motion by Wright that the City Council direct the City Attorney to prepare an ordinance making it the case:that any false or untrue statement made - -- — ----in the -question of lie-erses or permits be considered a misdemeanor. City Attorney Smith stated he had checked the code and could not find any- thing Mr. Bird had -violated. Mayor Nee stated anyone could afford to take judgement on a misdemeanor if they could get a dollar advantage. Mayor Nee inquired if it would make it a misdemeanor to make false atatements in application for a license or permit. City Attorney Smith replied in order to get a building permit he would have to show he had sufficient side and front yard, etc. Councilman Wright inquired if a Purchase Agreement wasn't sufficient title to the land. City Attorney Smith replied that even in the case in question, the owner said he had a Purchase Agreement, that he never exercised the Purchase Agreement on the additional land so it never came to him. Councilr:;an Wright inquired if this was at the time lh•. VTcClish. bought the tri-nlex and was told this was correctsthat it could be bound because the mortgage went on a smaller space and this was in violation of the Fridley code. Councilman Wright inquired if the City of Fridley could tati_e any actio: against Mr. �_.. McClish and was told that for the area the triplex was apnl.ied for, they could not issue any more building permits. Seconded by Kirkham. Upon a voice vote, there being no nays., the Lotion carried unanimously. HALL, SMITH, ,HEDL'UND, MUSTER, FORSBERG AND MERLIN ` ATTORNEYS AT LAW DOU3LAS HALL 3 It PRODUCE BANK BUILDING WYMAN SMITH GEORGE HEDLUND September 15, 1964 MINNEAPOLIS 3, MINNESOTA FEDERAL 9-1481 L. HOWARD BENNETT LEONARD T. JUSTER OFFICES INI THOMAS G. FORSBERG OSBEO WILLIAM MERLIN EDWARD H. GALBRAITH COON RAPIDS Earl Wagner City Manager City of Fridley 6431 University Avenue N. E. Fridley 21, Minnesota Re: Building Permit for Tri-Plex Block 14 Hamilton Addition to Mechanicsville Dear Earl: At the meeting of September 8, 1964 the .Council instructed the City Attorney to report what action, if any, there might be against Robert Bird for what appeared to be a false application on his Tri- plex. This is the matter that the Council is familiar with because the more recent application of Ardis McCarthy for a dwelling permit on ajoining lots. I guess the record would show that B & M Inc. was the actual applicant on the Tri-Plex. I have examined the various provisions of our Building Code and it would appear that there is no provision to require the information furnished for a building application to be truthful. I believe that our Code should be amended to the effect that the making of any false or untrue statements in the request or application for license or permit shall be considered a misdemeanor. I have also had an opportunity to discuss this matter with Robert Bird in that I had a deal with him since the last Council meeting.on a right-of-way for water purposes along the East River Road. Mr. Bird tells me that his application was not false and that at the time he had a Purchase Agreement for 110 feet. The vacant land which has since been lost from the Tri-Plex was not ultimately conveyed to Bird or his corporation, but was conveyed directly to McClish. McClish also became the owner of the Tri-Plex. Yours truly, ym n Smith City Attorney WS :r j City of Fridley • HALL, SMITH, HEDLUND, JUSTER, FARSSERG AND MERLIN `ATTORNEYS AT LAW DOUDLAB HALL WYMAN SMITH DEOROE HEDLUND L. HOWARD BENNETT LEONARD T. JUSTER THOMAS O. FORSBERG WILLIAM MERLIN HENRY H. F[IKEMA August 26, 1964 Mr. Earl P. Wagner, City Manager City of Fridley 6431 University Avenue N.E. Fridley 21, Minnesota 3 11 PRODUCE BANK BUILDING MINNEAPOLIS 3. MJNNESOTA FCDERAL9.148/ Re: Petition for Building Permit on Lot 5 and South one-half 'of Lot 4, Block 14, Hamilton's Addition to Mechanicsville Dear Mr. Wagner; OFFICES IN: OSBEO COON RAPIDS ?�> ,I Ves-, 1 The Council at their meeting of August 17, 1964, referred to the City Attorney the request of Mrs. McCarty, and concerning the matters on pages 31, 32, 33, 34 and 35 of the August 17, 1964, Agenda. It is my opinion that the Petition may properly be denied for the reason that Ardis McCarty, as indicated, was formerly employed by the B & M Inc., at the time the tri-plex was built. It would appear that the present Petition is contrived. I do not know what the situation would be if we had a good faith purchaser who had innocence about the matter. WS/pas w .7 Yours truly, 'Ila Wyman Smith City Attor y �D Cl`,v' CO :, CTT C I" : 0 1P IF Ia .i L Y ueti lie . Building- p: _: : t - 4:-0 x 24 - rambler and t'I@ South 1/2 of J1oc.L 4 - Han.,lton S S r:ddlt� on ::o ':e c:. ani c s ve. t o f - 1 e l r- _ events c.e'i _ e c 'i: 'G i'l t. - S S i,,.. n C e o y _ C O L.1 _ G j..: -ocrI:ii t or. the above ,Promises. 1960 - r ii Inc. requested bui'.. n�g ->crrjiC on Lot and 5, 1 amilton's Add. - B w i_ did not own this property at this time. B '_ did pure .ase Lots 4 and :. frol:� _'_lmu Nelson. B & did so d ---vide Lo+-. 4 in half and placed a tri- plex on Lot 3 excePt the worth 10 ft. and Lot 4 except the South 1/2 thereof. B & A_ did sell the tri plea on:`T of 3 and the North _/? of Lot 11 did B & M did retain possession o' the South 1/= of Lot 4. 1964 - I, Ardis -"cCar ty purchase"- Lot 5 and the South 1/2 Of L b 4. This was :)urchased frog: ITm. M'cC? ish. Rir. _,fdCl- sh nurc_aased Lot 5, from the t.)resent owner of Lot 6 and the South 1/2 of Lot. !: :ras nurchased from B & i,%. At )-esen t I have a housa sold on the •a�,ova premises and would 'Like to begin constructilon as soon as possible. I a. -Ii now inforrzed that the tri. -plea located on Lot 3 and the -North 1/2 of Lot 4, was ccnstructed contrary to City Ordinance. T� am also under the--;.mprassior� that 1. .•rill be penali -ed for this error - at=_er than the area w1lich constitutes 5370 - 5th St. (Tri-plex) I am hereby rain submitting my request that cons ider-ation be given no in my patition of this buiidin-- permit. TI an'_{ you. Ardis "icCar ty 1 APPLICATION TION FOR BUILDEIG PEMIT CITY OF FRIDLEY, MINNESOTA Owners Dane _ /� 2 � Zi," Builder. Address �. %!�' ��f_ Address LOCATION OF BUILDING • �� - .. • ' . j •^ . • � . Part of Lot J . No `� �rStreet rte: f_/..� — Lot Block Addition or Sub, Div, Corner Lot Inside Lot " Set Backe Applicant -attach to this for:: Certificate of Survey of Lot and proposed building location, DESCRIPTION OF BUILDING To be used as -7-`)�/ >9/. 4-7-1<' - - Front Depth Height S!a a Ft Cu„ 'Fto Front Depth Height Sq. Ft, Cu. Ft. �-=--+- To be completed The undersigned hereby makes application.for a permit for the work herein specified,•agreeing to do all.work in strict accordance with the City Ordinances and ruling of the Dapart ent of -Buildings, and hereby declares that all the fasts and representations stated in this•application "17 are true and ccrreet: Date �--...--- Signature found on the Reverse Si (i Schedule of Foe .,.E Com st3 can be �v 1 a 129 WEST LAKE Si2Eci •�' , "� "` . MINNEAPOLIS 2. MINN. � 1 , t •\r r?i Li i �o � B i\!C. For ? . -7!: DSSCRIPTICN: Lo -.:-,3 exCZPT vswz r::C. T. =PZO^ AND ALL or Lova 4 Amo S, SCAL.C.: Me hereby certify that this is a 'true and correct representation of a.survey o- he boundaries of the land above described and- of ine location ofairbuiId. ngs, itf any, thereon, and all visible encroachments, if any, from or on said land. Dated this Sara day of JULY , IoG EGr+N, FIELD b NOWAK /f �y S.urr�veyors�.:^ f I le �'e 52v$ , OC?h No --- 1524 .ti v3 by/ :or !' �,-.r :r / �••!!�'•�`:��/:P+•.. �• .f ,r O � -�� O Eley, 1 �4 �y o1 ' 1: Flay, ....<: ...� / Owner: 1, .:..._:......_..... ,,......_... ...r........ Builder ................ ............. _.... _._..._.... Address .. ,r..,:�..r,-, —._ t Address ..........- ................................. ......... _._.__..._.. _.._.._............ ........... _..... _ 1Vo....:.....�:_;r'_!.%... Street ------ ...'-" _ �. ...................... Part of Loi ......... _.._.._.._ _ Lot" .... ;-r.... - Block ..._.......��- Addition or Sub -Division..... .. :' Corner Lot... ............................ Inside Lot ............ rp:'' ....... Setback A _ :..W„ ........._ ........ Sideyard .......s�.0...::...................................... ... _ ✓'� 1 SewerElevation ................................. ................. _.......................... __........... ............ Foundation Elevation .................... _... _..:... __........................... ............ i • To be Used- as w � $ ...... .:� ... ' ront .. Depth Height . ` Cu. Ft +.... .... ................................ Front ..... _................ . Depth ...........,-- Height ........... Sq. Ft l........................ Cu. Ft. ................ Type of Construction ......,'.� :....,..... Est. Cost.._sW 2.;:=:..t ,��:;,a...._......... To be Cornp�eted........._...._..._.._........._......._........ ir.r L' : I 1L?iti7[ :SIO' A T- BlJ1LD(,\t;iLKcr \ctq S. fr;i�:i COVENANTS AND . In consideration of the issuance to me of a permit to construct the building described above, I agree to do the proposed work in accordance with the description above set forth and in compliance with all provisions of ordinances of the city of Fridley. a r In consideration of the payment of a fee of $ ..�'.,_.. .............., permit is hereby granted to ..... _............................. ...... .-------- ---- _. ___._.__.........:_......_.....__..._......_..__.. to construct the building or. addition as described above. T"nis permit is granted upon the express condition that the person to whom it is granted and his agents, employees and workmen, in all work done in, around and upon said building, or any part thereof, shall conform in all respects to the ordinances of Fridley, Minnesota regarding location, construction, alteration, maintenance, repair and moving of buildings within the city limits and this permit may be revoked at any time upon violation of any of the provisions of said ordinances. ,/-."-,.Building Inspector il�OTIC=: This parmit loos not cover the construction, instal:ation for wiring, piumbino, oas hoatinG, sawar or water. Be sure to see the Building Inspector for saparato posits for those itoins. <� 4 4-1 P e, I4il 4 E -a cn 4p Patpv 312. 'BO,)M) O'V I r CCU- CD. c 011c,'i-O-a" C.'a 10 tha a, wj-ice votd�-Ijll., baJ,.'arra u,-) ­avr" th-C v -,I 3J.I.)II-IJ'.r­,, o -y Zjn�7 j.S�C-. .-7, j 7 0", f sa p" Tn­, .2i '1%,1 -On Z r UCY 7 4. Al 0.1 6 5 culd a, of 1::t 35 va'a-t';of oe hz,�H bes-.a :3olk.k f�r-1117 i�m; F1` 111. -:►t O�Ll 'GI -Le -4r; ...".01 on ";'he 34 Yn-,�1,)x 5 0 M, 0-, 1 , - laeof!ed ju_'q 50 A I a ofldllcb" 1, `Ud vc"L tx" tla-;-.� -who -Ulvr of Ila - Ina SIaazie-::r.n P. 11-n IAI a le Of a 'had a_-tiis1,y xp�,plied t- 2; 1,12 Co I-K-i'l 0-T tlla5 R M C-. --Lt-,, AtIU-")x-,xS!y C d 'y^7 Z! v :�-_­)_'Ara Ci F_ h beeta v. IIC­101. Y-XHr. :S" EF nr�)-L a v4o7rRf�­, at L ol, jehns 11 .1 J* council vcntald lik� -40 Va�,c 1-!-Jrn,,, %_J' -,t th_­ thsy could. 7wossv-_-.I_e Y:;!, 11--l-J and r*-!; ­j."ie 11--"r :!I -bo --!:-4 F.0 i L, "a "vz! pa -rt c-:` i f 3 100 VaI2 0,22 -3C. -I -LI OM �7r-Otbi--r 'ni.m.7 Tke vqi_I d C, C, -only C.1 -Y f, a -v. 12 C Ozavz1'a i-Ij 20 ALrlt; .to in•SAO i he e"; -L -r h::+rI a th'a 20 and he ha -a bou,7< it the 2G fet-t fro,,i Z..."r. ��,ox•a:naoa,. Cl_ty Atticrmiv- STA-bh " -2 cnn uhan bad ei%tered -fulto a and 7Til to!"31 v . Celc,c , �. f-, C. : a fvu nor-thi Ip -1;--v f3,, that n-TIV-1 rtcni��v vu -n, -,,d tlh��- in 'S: -7.>n, thiz iu rt, n this st-j.0 h%Lade a :1 tah"? 0.' to th,'.r - - h ., t h In thc-- o.,(, tho ,.�xck va�:; told by lie bc;v��.Z, © -ve.rj il"J"I01--., ed -o Id Z Xand ',. bi il a hoi�z,,2 h-, s --rewfus2Fj on tk-,-2 -b-d tb;wt L thc a -n t'= Onn ha -.E Z-.� aZ, S -t r tv vxl ca, -ter t h e 1; 0 n -re =et Z-nd if it dIoLinit, would r.Dt Of by -c O to the P -Ort fo-e U,° y. Cn the of Lot 4�, vx-.-O C -P Lot % Dlc,�k Ili�,j-JJJ`jonls by Sha1.--'dan . Councik�;:r-"n :12 at all vitnli Mccli"311.9 �Yt,; Bi5ccl '_i [.i tbit-`c to tho Mayor Ncn-• th-ey %-Iould "nay.:! to '�-Ihetha- or •zuOt -vt;irz,-,vote no tlna On .7 vau!"I not.- ��t brzil-TI", nect',,z c landu at thaaue-Ilt t �zr an?":, of -elv� .".4 , -I� a pa""t of the v -v 17ho vi.3hed to be hs-acd and S-1-*. williez!S ci�u:� ,h had -*t#o b3l I--.e-avZvr, "JI11-a'v the Cit.y 'Ou an -16i of 'V.11yPlaza SZ-4.- cc-ntel� On pv��nne had rup'-�3aw-a%! Cov.- to :ii�zve his 3,211 4,,7,e -e to be -ca -use he t -o buy J. J. I-ri-IJI; t Vlmq--� -�rc- -24-cc-, e,Tt NpLaimed ftt-y sn'--c'. -��t C. t'he City -Vr: 11-:0.,10r, -to tL-at I.n t7l,.).Z) c.f,.esc IZD of thalt. C*-*---k'J- Couu--jl reoli�;e' th-g at t-lh-- &MH nol', would Fr-,th�)t- K'Iefe td -U -0.3r, ifhe C*'t.-U'*Y C01MC7 -9..., C-C�--Coj; crn-a of '1:%r:: .`?:°..r 3f i�J.'; -Luz-- v I CIBO;:)I- Ouldr-O.:.: -ICII-S-n cacy o - rialec 6431 UNIVERSITY AVENUE NE TO THE HONORABLE CITY COUNCIL: ANOKA COUNTY 560-3450 FRIDLEY 21, MINNESOTA July 29, 1964 On July 14, 1960, B & M Incorporated, 322 - 40th Avenue N.E., applied for a permit for the construction of a tri-plex on the South 30 feet of Lot 3, all of Lot 4, and all of Lot 52 Block 14, Hamilton's Addition to Mechanicsville, recorded address is 5370 - 5th Street N. E. This amount of land was required to meet the Zoning Ordinance for the construction of a tri-plex. On April 21, 1961, B & M Incorporated applied for a permit for the construction of a detached garage on this property which was also approved. The accompanying request is for the construction of a one - family dwelling on the South one-half of Lot 4, and all of Lot 5, and this office refused the request on the basis of the original application in 1960 which stipulated that these lots were part of the entire building site. , In checking with the Auditor's Office in Anoka County, I find that B & M never did own Lot 5 and when they sold the tri -plexi they retained possession of the South one-half of Lot 4 so that the deed for 5370 - 5th Street N. E. showed a 50 foot frontage, which is the North 20 feet of Lot 4 and the South 30 feet of Lot 3. I checked with our attorney, Mr. Smith, in reference to this matter and he felt that I was entirely within my rights in refusing this request for the one -family dwelling, but that the parties making the request could submit this to the Council for their approval or disapproval. I am submitting the original Survey received in this office July 14, 1960, showing the building location on Lot 3, except the North 10 feet thereof, and all of Lots 4 and 5, Block 14, Hamilton's Addition to Mechanicsville. Sincerely, I &- EN G. JENSEN Building Inspe r AGJ:cks Enclosures (3) ,, WILLIAM MCCLISH - Lot Split Inquiry - S2 Lot 4 & 5, Block 14 Hamilton's Add. to Mechanicsville .. Page Tao, PIMMIG COIQI * '10I4 a30 MG - SEP . 2700 196D-� ` vou3d not approve this plan. Dr. k.TaLthms also stated that his house ;is albout 1001 above Spazt.ran Stowe and is the only one not protected by planting or trees of sonic kind. Be stated that Spartan Stores had aceluized a 308 outlot bete -men his lob: and their- pawcal and chanSed gWade and slope considerably. The plaming CovErIssion rcvi.eued the Typical plautinB strip &ai ing f t lod trlth the O t j Clark (approved by the City Council as m - tkns- the ozvd-inanee rcqtatB:e�:nt) a m -d stated hair feeliag That the: pian OU-mitted by Dr. Matthmis exceeded this guide plan. The consensus crus that if Spartan felt this toes unma- sorable that they should propose an altematc plan, to the D1tam:U,& Ca ssi.on. LgLion by TLS'. Johmson, seconded by Mr. Mimpson that the planting ship proposal as submitted Irl Dr. Nattham. is acceptable. Upon a. voice vote, there beivZ no nrays, said votion eav ied tmaniamusly. 7. 2OIT' 0 �. �0� vl'D !'t��`�`1'�3?1 07--, mm'. WRD 9. The f�ity Manager meplained the ze quest o•" the City Council fres study the present setbacks required fo?; houses and gavages and -uaiva s being requested. After discussion, Cham Me vM appointed a Special Q=mf;t m eonsistlmg of Mr. Ion IczaXTiIm and E".e . chmelao Johmsou to report back to plm % Commission m1th recommendations. — 5, PIQ= 14 EIMMOWS A-DDv:. I0rg :.0 lM MMMY-f M (no fee paid): M. E?cMish ims present to '. equest a sling on Whether, he ama split Mbme lots, 110, total Width x 130, depth, into 500nl30o for the emistims is ple . and 601x13W feT a single f mai.ly by splitting, lot 4 (401) in half. The p'smbnin'r" Council rev trued the: orlg'inal building po'!I It issued in 1960 for the t p'lmb awd rioted the ce:tsf.-Wate o:� s'mm y lmluded all thme lots. In via:, of- these facts!, the rlamft3 0om ssimt a?dvirmd that th? s splittImS vould not be in accordance -alba the oa:dixanmec. YjrOlish rliez ra uestad advice on Sra:1.'jdins a a mle. 9aml.1y on lot 5 (40'xI301) only, mid Stas a &isiad that fta:vs vo;ald reduce 1:1-1e foo the t::ip1m; to 701=1303 (9100 sq. ft.) and not r`dew the code for 501 rAnit-mm lots, for single fc ly dwa? ll-ngv. Yx. NcClish stated dual.: he had purchased Lot 5 as a ccpavatw lot app-'-Oxwately a Year ago. lam. No dish IAtIAd1e*7 his c ~::l ,s and letter. NO actio -z-1 ms ta1;En. �'�.. iam—psoil... ma sane 7-8) nate isImind mmed L). T=12'st by e -he $goathm-a States Pozxz Camom-;� oa' Eiissi.ssipp? I,:Cve racer Vharl.es sts!e.z; M Otated tat" tale Y -10n. 1,7i.11 soon be in a positron to dc -11 us czza+rtly that s.T. , .hL _ rn r t .. �., .,�� A,+� T a t dv1A �-•rna PT -Tan- �a�ts'.7 can i�. 1 ox lance �.t ..x?3d says- °$d.�.'�. ..:Is, �c.�gt..a til ty �pp :a3 7� .� neacosm''y stags to acqu'� S. this $ si cnn II at a1 � 3 Jl9 t� that is =-atu lly agrawuble, to both p tIles. she sum, of -$3,500.00 i-mr, mantion d to in diente, ' _Q ApPCC'<>?T;2l:G' cost 3p"i alvei. 'Tho 1-c?a-nd haps i3F.^cm mn.pletely ilo^od_, mos !M the last ten ye-a-ru, it t'r^s noted. FSP V-pr-am-�.1y is =st about protection :Lf island %looded iu i'ut1.10--e dins to c'man gates opt�Tata o :a-upstxa• * i. September 25, 1962 Wargo & Barna 3700 Central Avenue U.E. 14inneapolis 21, Yinn. Re: William YccliEh S Lot 4 and 5, Block .14 Ramilton's Addition to 1.11achar-lesville Pleace furnish certific-zte of Survey of Propos".1 for Planriinl- corlr'irsiort Conn iaera tion, sho��ins p-gescint building dilynonsions and proposed butldinGD. Very truly yours, CALIJI-N. B-20--:17, City Engineer CGB:ob Ut/ a LAW OFFICES ' ,'• SUnset 8-1644 Joseph E. Wargo WARGO & BARNA Ver Barna ihooert Guzy E400 CENTRAL AVE. N. E G. D. Gfancola MUME"OLI3 21, K=K. September 18, 1962 Honorable City Council City of Fridley Fridley City Hall 6431 University Avenue N.E. Minneapolis 21, Minnesota Gentlemen: I am writing this letter on behalf of Mr. William McClish who is presently residing at 5370 Fifth Street N;E., Minneapolis 21, Minnesota. Mr. McClish is the owner of Lot 3, except the North 10 feet, Lot 4 and Lot 5, Block 14, Hamilton's Addition to Mechanicsville, Anoka County, Minnesota. This property is within the city limits of the City of Fridley and there is presently a tri—plex upon a portion of it. Mr. McClish is interested in erecting his family residence on a portion of this property. His residence would be a single family residence and would be --�- constructed on the portion described as South One—Half of Lot �c 4, and Lot 5 of Block 14 of the above addition. The frontage for the aforementioned tri—plex would be reduced some by Mr. McClish constructing his house on this property. However, since Mr. McClish is desirous of having his own personal residence on this particular parcel of land, it is hereby requested that Honorable City Council of the City, of Fridley allow him to con— struct his residence on the parcel legally described as the South One—Half of Lot 4 and Lot 5 of Block 14, Hamilton's Addition to Mechanicsville. Your courteous attention to this request will be greatly appreciated. Respectfully submitted, /WARGO S B11 -RNA i Robert A. Guz cc. Mr. William iLeClish 5370 Fifth Street N.E. Minneapolis 21, Minnesota C�.l GrJ aL.,� j i -y' --. •_•- C. •yt'-CLf�L.�;.. G CSO . - '� ` �`��"nZ � ACV- 1 e -«V ✓�'--t-...t�� s� i..�—i IG�C�.-..�. tee.., yyG-et 9 e� fi^z.N- 1• rs-.�f `A--���L �.,:.� . ph E. Wargo Pei.,.- Barna Robert Guzy G. D. Giancota LAW OFFICES WARGO & BARNA 3700 CENTRAL AVE. N. E. MINNEAPOLIS 21, MINN. September 27, 1962 Sunset 8-1644 City of Fridley / 6431 University Avenue NE f' Minneapolis 21, Minnesota. ' RE: WILLIAM MCCLIS South z of Lot 4, and Lot 5, Block 14, Hamilton's Addition to Mechanicsville Att: Mr, Calvin G. Brown Dear fir. Brown: Your letter directed to our office requested Certificate of Survey with reference to the above captioned real estate has been received. I would like to inform you that Ave do not have in our possession said Certificate of Survey, and that You should contact Dir. William McClish diredt for said information. The only connection that we had with the above property eras to quiet title with reference to same. Sincerely, WARGO & BARNA G. D. Giancola mho "