PS 85-04CITYOF
FRIDLEY
CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE (612) 571-3450
Doug Peterson
7262 Kirkwood Lane
Maple Grove, MN 55369
CITY COUNCIL
ACTION TAKEN NOTICE
November 7, 1985
On November 4, 1985 the Fridley City Council officially approved your request for
a p1at,P:S: =Q4, oak River Estates, being a replat of Lots -40 and 41, Revised
Auditor's Subdivision No. 77, Anoka County, Minnesota except that part replatted as
Niemann Addition, the same being 7560 East River Road N.E., also a rear yard
variance from 40 feet to 23 feet on Lot 4, a front _yard variance from 54 feet to
45 feet on Lot 3 and a front yard variance from 49 feet to 45 feet on Lot 5
with the following stipulations:
1. Pay park fee of $1,500 with each building permit, for a total of $12,000.
2. Road easement over the southeast corner of 7501 Alden Way to be granted to the
City prior to final Plat approval.
3. In order to help the homeowners maintain the boulevard on the south side of the
proposed 76th Avenue, the petitioner will construct gates in the fences of lots
south of 76th Avenue that are already fenced.
4. Petitioner to provide 200 foot scale Plat drawing for recording purposes.
5. Petitioner will attempt to salvage as many trees as possible in conjunction with
opionions of City staff.
6. All' existing structures except the house on Lot 4 to be removed as the property
develops.
7. Improve existing house on Lot 4 by adding an attached double garage with hard
surface driveway by July 1,. 1986.
8. Provide hook-up to sewer and water for Lot 4 by June 1, 1986.
9. Provide the City with a Bond or a letter of credit in the amount of $10,000.
10. Lots 1, 2, 3 and 5 to have a minimum of 45 feet front yard setback.
If you have any questions regarding the above artion, please call the Planning,
Department at 571-3450. N , s A
Sincerely alt:� � (
��_Oxow�
James L. RobinsonConcur with acts n taken
Planning Coordinator
Please review the noted stipulations, sign the statement above and return one
copy to the City of Fridley Planning.Department by November 21, 1985.
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ADDRESS AMID LWAL DESCRIPTION: T 'P 0M 4ve -y/ Aied3,,e F7�
OWNER/CONTRACT PaRCHASER:CON ION DATE: ADDITIONS:
CERTIFICATE OF OCCUPANCY: ISSUED: YES NO D=
A. ZCNIM ACTION: ORDINANCE NO:
B. SPECIAL USE PERMIT(S): #
C. DOT SPLIT(S): #
D. VACATION(S): # ORDINANCE NO:
E. RICE CREEK WATERSHED DISTRICT APPROVED: YES # NO # DATE
F.
APPEALS COMMISSION: APPROVED DISAPPROVED DATE NO.
CITY COUNCIL: APPROVED DISAPPROVED DATE NO.
G. EASEMENTS: REQ' D DEPT REC' D
Bikeway/walkway
Street right-of-way
Utility
Drainage
Alley .�
Other (Specify)
H. LICENSE(S) (List): Date of Renewal:
I. STIPULATIONS (List): DATE REQUIRED DATE COMPLETED
J. MISCELLANEOUS:
1.
formally put on the agenda, they were not prepared to make a deciocwon it.
Mr. Herrick stated this was the first time he had heard a issue, he had
not seen the award, and he had not had an opportune review the statute.
He was not prepared to make any legal opinion is matter.
Mayor Nee stated he would be willin hold this matter over until the
November 4, 1985 meeting when it d be put on the agenda and they would
have all the information tope er .
NDTIDN by Councilman rnette to continue the matter regarding the pay and
benefit provisi of the recent arbitration award in order to get a legal
opinion from e City Attorney and to place it on the November 4, 1985 City
Council ting agenda. Seconded by Councilman Goodspeed. Upon a voice
vot all voting aye, Mayor Nee declared the motion carried unanimously.
PUBLIC
MDTION by Councilman Fitzpatrick to waive the reading of the public hearing
notice and open the public hearing. Seconded by Councilman Goodspeed. Upon
a voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously and the public hearing opened at 8:02 p.m.
Mr. Flora stated this property was located just to the west of East River
Road between 75th and Rickard Road. The proposed plat included 8 lots and
approximately 2.3 acres which are being platted into new lots. The area
zoned single family residential and the proposal was to split the land into
8 lots, 7 lots to be used for new hones and one lot, Lot 4, has an existing
house which is proposed to remain. All the lots exceed the required lot
area cf 9,000 square feet, and all the lots are 75 feet or more at the
setback with the road right-of-way of 50 feet provided with the plat.
Mr. Flora stated the street was approximately 510 feet long which was less
than the maximum allowable street lenght on a deadend street, which is 600
feet. All the utilities were available to the lots off Alden Way. 'Ihe park
fee for the 8 lots has been signed at $1,500 per lot. The petitioner has
agreed to allow the mature trees to remain as much as possible.
Mr. Flora stated the Planning Commission at their September 11th meeting
recommended approval cf P.S. #85-04 with a total of 7 stipulations:
1. Road easement over the southeast corner of 7501 Alden Way to be
granted to the City prior to final plat approval.
2. Petitioner agree to assessments for all street and utilities.
3. In order to help the homeowners maintain the boulevard on the
south side of the proposed 76th Avenue, the petitioner will
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construct gates in the fences of lots south of 76th Avenue
that are already fenced.
4. All structures including existing house on Lot 4 to be removed
with the development.
5. Petitioner to provide 200 feet scale plat drawing for recording
purposes.
6. Petitioner to work out an approved drainage plan with Engeneering
Staff.
7. Petitioner will attempt to salvage as many trees as possible in
conjunction with the city staff.
Mr. Flora stated he would add one more stipulation: easement along East
River Road be designated as road and utility easement with the plat.
Councilman Barnette asked if the house on Lot 4 was currently hooked up to
city sewer and water.
lie petitioner, Mr. Doug Peterson, stated it was not, but part of the plan
was to hook it up to city sewer and water.
Mr. Flora stated the Planning Commission made a stipulation that the house
on Lot 4 be removed. 7hey were concerned about the value of the existing
house compared to the new house.
Mr. Peterson stated he was asking that the existing house not be removed.
He stated it was a good sound house after it is remodeled and a garage and
porch added on, will be more in line with the peace of the new houses. He
stated Mr. & Mrs. Ren Herrman, who have lived in the house for the last 8
years, were in the audience.
Mr. Herrick stated he would caution the City Council's authority to require
the removal of the house, unless it was in a condition where the building
inspector would maintain that it was substandard which would require it to
be moved; but simply be ca use it was a different style or smaller or the
price was not in line with the price of the new houses was not suff icient
grounds to have it removed.
Councilman Fitzpatrick stated that the stipulations written by the Planning
Commission applied to the recommendation that the house be removed. If the
house is going to remain as the City Attorney had recommended, then there
were some other stipulations that would no doubt be put in a motion in two
weeks when they act on it. One of the stipulations recommended by staff
originally and changed in a motion by the Planning Commission had to do with
the continued existence of the house and that, therefore, would call for a
rear yard variance from 40 feet to 23 feet.
Mr. Flora stated there would have to be a variance from the front yard also.
Councilman Fitzpatrick stated that one stipulatin stated by the Planning
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mission was that the "petitioner will attempt to salvage as many trees as
possible in confunction with city staff:. He stated this seemed rather
vague. In looking at the lot, of soft trees. He hoped the petitioner
realized they were talking about hardwood trees, evergreens, and the
desirable trees on the lot.
Mr. Paterson stated, that was his understanding.
Mr. Ren Herrman stated he was the resident at 7560 East River Road which was
the existing house on Lot 4. Be stated that in his lease he is to pay the
taxes on the house and property, and it is currently valued at $105,000. He
stated it was a good solid house and has been maintained pretty well. He
stated it sounded like Mr. Peterson was going to make some very nice
improvements.
A resident living on the corner of 75th Way and Alden Way stated if the new
street goes in, she will be surrounded on three sides by roads. What does
this do to the value of her property? She stated the street did not bother
her as much as the lighting. She has had some burglaries to her home, and
the lighting situation has to be improved.
Councilman Barnette suggested she work with the developer when the street
goes in and with NSP on where she would like the light to go.
Mr. A.J. Hogan, 133 75th Way, stated he understood the boulevard would be 7
feet wide on his side of 76th. When a boulevard is normally 12 feet, was 7
feet wide enough to keep from throwing snow in the winter time into their
back yards?
Mr. Qureshi stated since this road would service only 8 lots, he thought it
would be practical to have a 30 foot wide street with at least a 10 foot
boulevard on each side.
Mr. Hogan asked who would maintain the grass cutting on the boulevard.
Mr. Qureshi stated it was the responsibility of the abutting property owners
to maintain it.
Councilman Fitzpatrick stated a recommendation made by the Planning
Commission was that if a property owner's back yard was fenced, then the
petitioner would provide a gate in the fence at the petitioner's expense.
Mr. Paterson stated he was not objecting to the gates, but he would like to
have a dollar amount of what it will cost.
A resident from 91 75th Way, stated that as a property owner, she was
opposed to the proposed development. When she purchased the property two
years ago, one of the selling points for her was that the back yard was nice
and private and quiet. She would like the property to stay undeveloped.
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because there will be traffic and noise. There is already an incredible
amount of traffic on 75th Way and this will increase the traffic. If the
road has to go in behind her and there is going to be a 10 foot boulevard,
she would like to see the developer put in a sidewalk so the children have a
place to ride their bikes, rollerskate, etc. , because it is too dangerous
for the children to be in the street.
Mayor Nee stated that when the City Council hears this item at their
November 4th meeting, they will try to accommodate as many concerns as
possible.
MDTION by Councilman Fitzpatrick to close the public hearing. Seconded by
Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously and th public hearing closed at 8:40 p.m.
BY LEONARD W. V MASSE:
NDTION by Councilman Barnette to waive the reading of the publi hearing
notice and open the public hearing. Seconded by Councilman G ed. Upon
a voice vote, all voting aye, Mayor Nee declared the mo ion carried
unanimously and the public hearing opened at 8:42 p.m.
Mr. Flora stated this property was located between Mai Street and Hickory
Street and north of 81st Avenue. It was originally led the Midwest Plat,
but since they have received the submittal, the sessing Department has
indicated there is already a Midwest Addition n record; therefore, this
plat should have a new title.
Mr. Flora stated this property was zo d heavy industrial, and it was
proposed to divide the property into 3 ots, a larger portion of about 16.8
acres on the south, and two additi lots of approximately 6.1 acres on
the north. The plan was to constr ct a truck transfer terminal building
located on the 16.8 acre portion o be developed by Mar -Len Development for
ANR mucking. There would be ,000 square feet of uninsulated warehouse
space with offices in the fr t. The warehouse would be about 550 feet long
with 100 bays for trucks. a business would employ about 140 employees
with an anticipated Payr of $5 million. Mr. Flora stated the plans call
for berming around truck facility. At the last meeting, the City
Council executed an a eement with Mar -Len Development in regard to this
particular parcel.
At the Septembe 11 Planning Commission meeting they recommended approval
with seven st' ations:
1. Pe tioners agree to drainage and road improvement assessments.
2. titioners agree to work with staff to accomplish an acoeptable
/landscape plan.
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COUNCIL MEETING OF NOVEMBER 4. 1985
with the stipulation that an acceptable 1 submitted and a
park fee to be paid in a equal to .023 times the total square
footage of the pl econded by Councilman Fitzpatrick. Upon a voice
vote, all g aye, Mayor Nee delcared the motion carried unanimously.
Mr. Flora, Public Works Director, stated this plat is located just west of
East River Road and north of existing 75th Way, and involves eight lots.
Mr. Flora stated there was some conoern about the existing structure and the
Planning Commission had recommended it be removed. Mr. Flora stated the
petitioner asked the Council that it be allowed to remain.
Mr. Flora stated, if the existing house is to remain, it would need to be
improved by adding a breezeway and garage, with a hard surfaced drive to the
street. He stated the house would also have to be connected to sewer and
water.
Mr. Flora stated if the house remains, with the proposed addition, the
Council would, in essence, be approving three variances. He stated the
developer would also have to provide a 200 foot scale plat drawing; to
salvage as many trees as is reasonably possible; the fee owner to execute a
bikeway/walkway easement for the 15 feet along East River Road; and provide
the City with a letter of credit to ensure the petitioner would construct
gates in the existing fences of lots south of 76th Avenue and to comply with
removal of all existing structures, except the house on Lot 4, and provide
for the improvements to this house.
Councilman Barnette stated a family who lives along 75th Way will end up
with a street in their back yard and questioned if they could, in fact,
build a garage that opens onto the new street, 76th Avenue. Mr. Flora
stated they would have access to it.
Mr. Doug Peterson, the petitioner, stated he would agree with all the
stipulations, however, he would like to pay the park fee when they take out
the building permits. He further stated he would like the amount of the
letter of credit reduced from the $15,000 recommended by staff.
Mr. Qureshi, City Manager, stated in regard to the park fee, this could be
paid at the time the building permit is issued. He stated he wanted to
alert Mr. Peterson to the fact that this amount may change and the fee
could be higher.
Mr. Qureshi asked Mr. Peterson if he felt the timetable of June 1, 1986 was
realistic as far as making the improvements to the existing house on Lot 4.
Mr. Peterson stated there may be a problem with putting in the hard surfaced
driveway by this date as he didn't want to make this improvement until the
street is constructed which wouldn't be until spring.
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Mr. Qureshi stated the timetable could be changed from June 1 to July 1 and
he would go along with reducing the letter of credit from $15,000 to
$10,000.
M?T3ON by Councilman Fitzpatrick to approve final plat, P. S. #85-04, Oak
River Estates, with the following stipulations: (1) Road easement over the
southeast corner of 7501 Alden Way be granted to the City prior to final
plat approval; (2) Petitioner agrees to assessments for all street and
utilities; (3) Petitioner will construct gates in the existing fences of
lots south of 76th Avenue by July 1, 1986 in order to help the homeowners
maintain the boulevard on the south side of the proposed 76th Avenue; (4)
All existing structures except the house on Lot 4 to be removed as the
property develops; (5) Existing house on Lot 4 to be improved by adding an
attached double garage with hard surface driveway by July 1, 1986; (6)
Hook-up to sewer and water by provided to this house by July 1, 1986; (7)
Petitioner to provide 200 foot scale plat drawing for the records; (8)
Petitioner to work out a drainage plan; (9) Petitioner will attempt to
salvage as many trees as is reasonably possible; (10) Fee owner to execute
the attached street bikeway/walkway easement for the 15 feet along East
River Road; and (11) Petitioner provide the City with a letter of credit in
the anount of $10,000 to ensure completion of stipuldtions 3, 4, 5 and 6.
Further, the following three variances be granted in conjunction with this
plat: Lot 3, a front yard variance from 54 to 45 foot setback; Lot 5, a
front yard variance from 49 to 45 foot setback; and Lot 4, where existing
house is located, a rear yard variance from 40 to 23 foot setback. Seconded
by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
1985:
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DENNIS A. WOOD:
Mr. Flora, Public Works Director, stated this ' a request for a variance tc
reduce the front yard setback from 35 t 3 feet, 2 inches to allow
construction of a garage at 7571 Alden WN. E.
Mr. Flora stated the hardship outli d by the petitioner was the garage was
needed because of a family m rs handicap and security of business
supplies. He stated the peti 'over is requesting the garage be located on
this side of the property n close proximity to the back door. If the
garage was located on th east side, the petitioner states it would abut his
bedroans.
Mr. Flora stated is item was before the Appeals Commission and a motion
failed to denythe variance by a tie vote.
Mr. Wood, fthe petitioner, stated he is proposing to build a 24 x 22 foot
garage .acent to his hone. He stated a question had been raised that if
this ariance was granted, it would devalue other real estate in the
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