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LS13-01 Community Development Department City of Fridley 6431 University Avenue NE Fridley MN 55432 _, ._ . 763.572.3592 --- �� i Fax: 763.571.1287 ��'��'��f'�3�'�'� www.ci.fridle .mn.us � SUBDIVISION APPLICATION FO : Plat Lot Split Property In�f?rmation ° Address: '7oZ S lY1,�S S�i SS�� -1��/ S% ��-- 7 Anoka County Property Identification Number(PIN #): � 3 --3"��-��`�3 �-��/_�_ Legal Description: �,vT�'rg Rc�d�'-to2L S,u�j�,,�:S�o,•� n.��o �! Current Zoning: Square footage of Parcel: Reason for Subdivision (one sentence summary, please attached full description) C�� 'C�- � � Q7` � Fee/Property Owner Information (as it appears on property title) **Fee owner must sign this form rior to processing Name (please print): � AQ�� rF /l`7/� Mailing address: - r71 ' ; � City: �, 17L£ State: 1'h r� Zip code: .�.�� Daytime Phone: Fax Number: Cell Phone: �/�� '� ' �a 7 E-mail address: Signature/Date: � �- -l -/ � Petitioner Information Company Name (please print): S�Q.�'/tiJ�-YZ- �� ' ...�''�^'L Contact Person's Name (please print): T�7 k Sf�z��i �-(L.. Mailin ddress: J3�ci� �q/S� � L N � � City: ?�N State: �'�''1 �-- Zip code: S-3,�] Daytime Phone: �` � � Fax Number: Cell Phone: 4�7i- % `� - S � E-mail address: Sli�,o��(C .l`�� fo A�o%C Dn'1 Signature/Date: _ FOR OFFICE USE ONLY Fees � , , Plat: $1,500 for 20 Lots, $15.00 for each additional lot Lot Split: $1,250 _�� Application Number: LS.,--13 (1/ Receipt#: �5�� Received By: Application Date: - -/� 15 Day Application omplete Notification Date: �-�- �-�.,� Scheduled Planning Commission Date: _ � -i'� -�� Scheduled City Council Date: �-y1L1--i � 60 Day Date: C�-��' �/� ' 60 Day Extension Date: �- .�`�' �-/3 ; _ , � , . �.�� 4�r__��;r��-.�� ;.:.��•„� _ , , �<; 4 CITYOF FR[DLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE.N.E.FRIDLEY,MN 55432 (763)571-3450 • FAX(763)571-1287 • WWW.CLFRIDLEY.MN.US April 24, 2013 Shermer Homes Inc. Attn: Rick Shermer 13691 Balsam Lane N Dayton MN 55327 Dear Mr. Shermer: Per Minnesota Statute 15.99, locai government units are required to notify land use applicants within 15 working days if their land use applications are complete. We officially received your application for a lot split on April 12, 2013. This letter serves to inform you that your application is complete. Your Lot Split application hearing and discussion will take place at the City of Fridley Planning Commission Meeting on May 15, 2013 at 7:00 P.M. in the City Council Chambers at 6431 University Avenue. The City of Fridley City Council is scheduled to take final action on your Lot Split on June 10, 2013 at 7:30 P.M. Please plan to be in attendance at both of the above referenced meetin�s. If you have any questions regarding this letter or the process, please feel free to contact me at 763-572- 3595. Sincerely, � � ; � i /�' ; � �,� ��"� �� acy�o berg Planner � , cc: Charles Shields 925 Mississippi Street NE Fridley MN 55432 PUBLIC HEARING BEFORE THE PLANNING COMMISSION Notice is hereby given that there will be a public hearing of the Fridley Planning Commission at the Fridley Municipal Center, 6431 University Avenue N.E. on May 15, 2013, at 7 : 00 p.m. for the purpose of : Consideration of a Lot Split, LS #13-01, by Shermer Homes Inc . , to subdivide the property at 925 Mississippi Street to make two single family lots, legally described as Lot 9A, Second Revised Auditor' s Subdivision No. 21, subject to easement of record. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place . Any questions related to this item may be referred to Stacy Stromberg, Planner, at 763-572-3595 . Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no later than May 8 , 2013 . The TDD number is 763-572-3534 . The proposed City Council meeting date for this item will be on June 10, 2013 . *This date is subject to change depending on the outcome of the Planning Commission meeting. Please confirm City Council date prior to attending the City Council meeting. DAVID KONDRICK CHAIR PLANNING COMMISSION Publish: May 2 , 2013 �n ��5 _ S a - 1.� City of Fridley (Official Publication) PUBLIC HEARING BEFORETHE PLANNING COMMISSION Notice is hereby given that there wilf be a public hearing of the Fridley Planning Commission at the Fridley Municipal Center, 6431 University Avenue N.E. on May 15, 2013, at 7:00 p.m.for the purpose of: Consideration of a Lot Split,LS#13- 01,by Shermer Homes Inc.,to su6- divide the property at 925 Mississip- pi Street to make two single family lots, legally described as Lot 9A, Second Revised Auditor's Subdivi- sion No.21,subject to easement of record. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. Any questions related to this item may be referred to Stacy Stromberg, Planner,at 763-572-3595. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no later than May 8, 2013. The TDD number is 763-572-3534. The proposed City Council meeting date for this item will be on June 10, 2013.'This date is subject to change depending on the outcome of the Planning Commission meeting. Please confirm City Counci� date prior to attending the City Council 1 meeting. � DAVID KONDRICK � CHAIR � PLANNING COMMISSION (May 2,2013)F2-LS#13-01 � ( CITY OF FRIDLEY PUBLIC HEARING NOTICE BEFORE THE PLANNING COMMISSION TO: All property owners/residents within 350 feet of property, generally located at 925 Mississi i Street. CASE NUMBER: Lot Split, LS 13-01 APPL/CANT: Shermer Homes Inc. Petitioner or re resentative must attend the Plannin Commission meetin . PURPOSE: To make two single family lots. LOCAT/ON OF 925 Mississippi Street PROPERTY AND LEGAL Lot 9A, Second Revised Auditor's Subdivision No. 21, subject to DESCRIPTION: easement of record. DATE AND TIME OF Planning Commission Meeting: HEAR/NG: Wednesday, May 15, 2013, 7:00 p.m. The Planning Commission Meetings are televised live the night of the meetin on Channel 17. PLACE OF HEAR/NG: Fridley Municipal Center, City Council Chambers 6431 Universit Avenue N.E., Fridle , MN. HOW TO 1. You may attend hearings and testify. PARTICIPATE: 2. You may send a letter before the hearing to Julie Jones, Planning Coordinator, at 6431 University Avenue N.E., Fridley, MN 55432 or FAX at 763-571-1287. SPEC/AL Hearing impaired persons planning to attend who need an ACCOMODAT/ONS: Interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no later than Ma 8, 2013. The TDD # is 763-572-3534. ANY QUESTIONS: Contact Stacy Stromberg, Planner, at 763-572-3595. *PROPOSED CITY The proposed City Council meeting date for this item will be COUNC/L MEET/NG Monday, June 10, 2013. *This date is subject to change DATE: depending on the outcome of the Planning Commission meeting. Please confirm City Council date prior to attending Cit Council meetin . Publish: May 2, 2013 '� c�rYOF Communit Develo ment De artment FR/DLEY y p p Public Hearing Notice , --I'', 6651 , _ ��= � _ _ . ��-- _ , _ ,� � 1 0 ; , , 66 , i 6565 ' _ __ �� '' 6631 ` ' ', 66 � _i _ -- ,, �r _ — � ' 65 � L� � 6611 '�, -� � �- -' � 6553 _ � ` _ , , ; � � 6550 � I � _ � � , , , ! 891 a' � � ,� � � ��, N i �„°0,'��, ��, � '� ��; ��, �I 6542 �� `�cr� ; �I 65 � - , _6534 >' _ � � � � j � � 4 'n _ 6TH AVE _ �__ _i �-1 � W 16547 � 6 -870 y '� ; i Y _ _ V� � � J p I p , °° ' �°°`' ' �°°`' '� � c°°" ' °°°' � _ Od � I � I' 6530 `Q ,6535� o I �� ' � ' � �� __ _ � �' 6520 ' m c, ', o, 945 �� i, ` � � , o 0 o r M M � O � ' -- o y -�I ao 00 , oo I o0 00 00 __ ; ; 953 '; ' 969 u� y , ' .� n� w � ' cn � 881 � � � � s � � � � � I , ' ' . � i i ', I. _ ' 1 __1__ �__ l_ I_ MISSISSIPPI ST _. I o ,o __ 900 � , � , � � ' ' �936 � �� , _ � , � � 840 I � 870 890 ' y 932 _ � � � ', � ' 980 �, � ' o ! i � tG, ,r. I N I ' � � ; , � i O � — , `O � i � I _ i �^ I �� I � 6464 � a� i o� ,ao 00 , i 4� ; , , �! ; - _ 456 I, � I I _ �'_ _ _--, _ , 6464i I 'i � 6435 �� 6452 � � 6451 '' 6458 �, F- � 6465 6444 ! �� l 6450 i _ tn _ __ __ _ 6437 , �'� � 6431 i 442 � � _ J 6445 �, 6440 � W � 6444 I u, 6 6425 , 6452 � � _ _ _ Q - -- a ' ' 6415 � I �_ i i 6424 Q � - � 6434 % 6431 � DR _._ , , , _ ;m , 6433 6426 � _ - _� �� 6414 , � 6415 �� i w � 6429 � -� ��- 74 �, ' 6411 � � � ; 6410 ! Y 6424 _ _ I _ . __ _ __ so '' s j � 6425 6424 a 6425 � �__ 6401 � 6400 � 6400 GO �' � � - _ _ __ _ _ U5 ' _ � I 6421 � 6420 i i � ; _� � M �r� i i ', _50 ' 64TH AVE _- o N � ,� o ' _ - _ _- 6370 � 6411 , __ '', � ''_ co_L _�, - 64TH A � 6370 , 6377 VE I I __ , 6410 ; � 340 i� ' 6357 I 6360 ' ' 6359 6360 '� ' 6361 -- _ _ ; - _ _ 6399 _ 330 Z 6349 ' 6350 ' 6351 ' 6396 � r � N ' � � � � 6389 , o 0 0 0 320 'v� __ __ ! , � ; � � �- 6 5 ' 6 5 � _ 1 - 'Y !� 6321 ''�� 6340 I��- �� ; � 634 i , � � j �� SOURCES Fridley Engineering N Fridley GIS Lot Split Request, LS#13-01 Anoka County GIS Petitioner: Sherman Homes Inc. W E Address: 925 Mississippi Street NE Map bate:April 24, 2013 S i A?�3/1`C-09-008-L � w�dfi-;1oJ paoq��a�aa�Ur,aa .�`"a�sua�yJ �� ap�;:?��1.213/�b'X�,, c�r4�i r „ ' wo�•�(aane�nnnnnn ; ap ui}e aareipey e�e zai�da�{ p„� S � ,�a�ad e saf��e� s � � . � APPEL KEVIN&BENNETT-APPEI._DEBRA SOTEBEER TYLER FRIDLEY CITY OF 8400 32ND AVE N 900 MISSISSIPPI ST NE 6431 UNIVERSITY AVE NE CRYSTAL,MN 55427 FRIDLEY,MN 55432-0000 FRIDLEY,MN 55432-0000 BEUSLE RUGER J&LORI A �UCHS ADAM BURNS GERALD P&BONITA L 6451 VAN BUREN ST NE 871 MISSISSIPPI ST NE 6530 OAKLEY DR NE FRIDLEY,MN 55432-0000 FRIDLEY,MN 55432-0000 FRIDLEY,MN 55432-0000 POY'NTEf�COLW&DEBOFtAH J ROTH DEANNA RbSKE DARIN P&KERNS JESSIE L 6465 AE+LE ST NE: 6520 ABLE ST NE 6440 BAKER AVE NE FRIDLEY,MN 55432-0000 FRIULEY,MN 55432-0000 FRIDLEY,MN 55432-0000 BALKUS NADENE AUSLUND STANLEY&EEl TY BURA4AN RENEE C G446 BAKER AVE NF 860 66TH AVE NE 6445 ABLE ST NE FRIDLEY,MN 55432-0000 FRIDLEY,MN 55432-0000 FRIDLEY,MN 55432-0000 WELCH�DNA BOWMAN TYLER WISDORF STEVEN 6471 VAN E3UREN ST NE 931 MISSISSIPPI S i NE 932 MISSISSIPPI ST NE FRIDLEY,MN 55432-0�00 FRIDLEY,MN 55432-0000 FRIDLEY,MN 55432-0000 FROUNFELTER KF�RYN DIGFROS DENNIS G&KAREN,4 P�EYER CHRISTINE M G4.58 AE3LE ST NE 870 66TH AVE NE 968 MISSISSIPPI ST NF_ FRIDLEY, MN 55432-0000 FRlDLEY,MN 55432-0000 FRiDLEY, MN 55432-0000 DORFF D�RLEN6 HAGE JENNIFER KNOW�ES�EAN A&MARGARE�A F390 MISSISSIPPI ST�1E 953 MISSISSIP�'I ST NE 6454 ABLE S i NE FRIDLEY,MN 55432-0000 r=RiDLEY,MN 55432-0000 rRiDLEY,MN.55432-000(3 CHRISTENSEN JOY ANN DOUGLAS GLEN FEDERA�NAl IONAL MORTGAGE ASSOCIAIIC`f; 870 MISSIS51PP1�T NE £�71 66l H AVE NE 14221 DALLFlS PKWY S I E 1000 FRIDLEY,MN 55432-0000 FRIDLEY,MN 55432-0000 DALLAS,TX 75254 HOS iETLER JOHN HAUCK SHELLEY A&DENIS R CJU�NN MICHAEI_J&LEANN L G272 YUKON AVF N 6542 OAKLEY DR NE b50 6Fi iH AVE NE A91NnEAPOLIS,P�1N 5542n FRIDLEY,MN 55432-0000 FRIDLEY,MN 55432-0000 HUNDT GREGORY L SlfviON SHIRLEY L SH1E1_DS CHARLES 5475 ABLE ST NE 861 S6TH f1VE NE 925 MISSISSIPPI ST NE FRIDLEY,Iu1N 55432-0000 FftIDLt�Y,MN 55432-0000 FRlDLEY, MN 55432-0�00 �f �;� Y� Wla6p�d�-dod asodxa „r�.,,�,;�, aaded paaj � ��;0965 a�e�d�ua� �!� J ;;• � ;� � �;0965 O,��C=��'w�� Y/J i ol au��6uo�e p��ag ��-; � � � s�aqE� ��; ` � - _, �lN3nf/-O�-OC)8-6 �i w�d�-dod paoqa.�a�ao�anaa 1t� ;r.�,7 ,af�� >1�;:�i.5�J.31a��,'u':,� r ';�.� a: �. ., �p St;aS � LUOJ"/�,IdAI'M/L\M � �p u�}p a.�ny�ey e�e zai�daa �, � .�a�3d p s��,.:�.��.s � . . HANSON KURT GREINER LORI 881 MISSISSIPPI ST NF_ n8�66TH AVE NE FRIDLEY,MN 55432-0000 FRIDLEY,MN 5543'L-0000 MILLER RONALD D&DIANE J 5316 MATTERHORN DR NE FRIDLEY,MN 55421-0000 HOVE E3RIAIJ 399 66TH AVE NE FRIDLEY, MN 55432-0000 CHAPMAN REUE3EN F BON/SER JEF�,N 6550 OAKLEY DR�!E FRIDLEY,MN 55432-0000 FLAN MICHAE�H&LAWLOR SUSAN fi�58 C�AKLEY UR Nc FRIDLEY,MN 55432-0000 NYIMA l ASHI �51 66TFI AVE NE FRIDL"tY,R�N;5432-0000 TRENTOR CONSTANCE 6�52 ABLE ST NE FRID�EY,MN 55432-0000 � FLAGSTAD LEAi� 851 MIiSfSSIFPI ST NE rRIDLE:Y,MN 55.32-0000 TAUE:R JAME:S J R BARE3ARA 6534 OAKI EY DR NE FRIDLEY,MN 55432-0000 GUSTAFSON!IMOTHY t�M A 935 MISSISSIPPi 51 PdF FRIDLEY,MN 55432-0000 '' � wia�n3 dn-d�d asodxa �,� aacfed paaj � p096S aae<<f�� ,��t }�a. `� �C'�'�5 a��:�i,�s�' `�� o�aui�6uo�e puag C�� ;� � i S, .�=1 �1��•z i:r. �_- Stromberg, Stacy From: Jones, Julie Sent: Thursday, April 11, 2013 11:50 AM To: Hickok, Scott; Stromberg, Stacy Subject: County decision on lot split The contractor working on the Able/Mississippi lot split came in and is submitting his application today. He said he talked to Greta Ege at Anoka County(763-323-5446) about our requirement that the lot be split in even fractions.5he told him that they do not require that. She said the intent of the even fraction language is that the dimensions of a new lot are perfectly square or rectangular-that there are no jagged lines or pie-shaped divisions. So, he is making the new lot width 117' instead of 116.7'. If this is the County's interpretation,we need to change the directions on our lot split application form. �v!'ie,�ones Planning Manager City of Fridley 6431 University Ave.NE 763-572-3599 julie.ianes@fridleymn.Qov 1,� -� ,1- �� = �� k .%�,�o - ��cz� ____�- 3 Z�� 7 � :�� d .� . �v �l� � Tn: Julie Jones Planning coordi�tator fi431 University A�e. N.E. Fridley Mn. 55432 Dear Julie, This tetter is in regards to the splitting of the lot on the�ouse at 925 Mississippi Ave.We own the house at 870 66th Ave. f�.E. and have [ived there for 38 years, and during that time the previous owner had also proposed seiling off%of the praperty to a house huilder. A propasaf was sent around to the concerned property owners to allow the house to be built without the proper setback ftom the road.The property�wners voteci no. The building of�tt�is house woufd sure�y ruin the beautiful r�atu�-e views for us and other neighbvrs.This would surely affect property values. The house at 89166`h Ave would haue a worse fate,[ooking out his front window#o the side of the next house. We are vacationing in Arizona and won'# be back until June 12, 2013. Please present this letter to the appropriate partys ta black the sp�itting of this lot Thank you, Dennis and Karen Digeros Fax t�: 763-571-1287 . l'd 59�9 E1.�08b �puea9 uai�{'8 ua!f dZtr:£0�6 60��W City of Fridley Land Use Application LS#13-01 May 15, 2013 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Shermer Homes Inc. SUMMARY OF PROJECT Rick Shermer The petitioner, Mr. Shermer of Shermer Homes, 13691 Balsam Lane N Inc., on behalf of the property owner of 925 Dayton MN 55327 Mississippi Street, is seeking a lot split,to sub- Requested Action: divide the property to create a new single family lot Lot Split along the north side of the property. Purpose: SUMMARY OF ANALYSIS To create an additional single-family lot CityStaff recommends approval of this/otsplit Existing Zoning: request. R-1 (Single Family Residential) • Provides additional homeownership Location: opportunities within the City. 925 Mississippi Street CITY COUNCIL ACTION/60 DAY DATE Size: City Council—June 10, 2013 31,700 sq. ft. .72 acres 60-Day Date—June 10, 2013 Existing Land Use: Large Single Family Lot : �,� � . Surrounding Land Use &Zoning: a �� q!'�� ,��;� � � �� N: Single Family& R-1 . ;�1f�., "�� ,�� ` , �, ��^ '� E: Single Family& R-1 ��'� � n` } ��`a� °� °��,�" °� �°� � �� S: Single Family& R-1 g� � �� ; � � �� W: Single Family& R-1 � ,�?��,�,,�`�� '� � Comprehensive Plan Conformance: � �� "�' �°' <�� ,��$ � �� s ��- � �,� � � ��,� u Consistent with Plan � ,g� �,� �� i � � . u� Zoning Ordinance Conformance: �� "��. � � u � � r =�' Section 205.07 requires a minimum lot size of 9,000 '�Y� � �� `.�� _�� "��'�`,� �� sq. ft. and a minimum lot width of 75 ft. �'� '� ` �' �� "�� ' � r � �� s �� "� � (� x: Zoning History: � Y�'� ��" a�� `°`�a ��.� �� • Lot hasn't been platted. ��" , . �� `� �� ' ` r�� ' � � �..� � � � � _� : , � „�, �, �;� -- • House and garage built in 1950. � �..% � - ,�° �� • Auditor's Subdivision was recorded in 1953. � �° � `�� a� � { `��y�'' � R � , ��.�� +C'.�p��„ � � Y`N ,eA � ff` :.�`� . Legal Description of Property: `�� 9�� „ ` �� fld � �' mro�� ii.'h1? "'x"'.0 . ��+:a ., .. 6 ��. ��,��i��.,,� Lot 9A, Auditor s Subdivision No. 21 (2 � - - Revision) Subject Property Public Utilities: Staff Report Prepared by: Stacy Stromberg Existing house is connected. Water and sewer services are available in the street for the new home. Transportation: The existing house is accessed from Mississippi Street and the new home will be accessed from Able Street. Physical Characteristics: Large single family lot, heavily wooded. Land Use Application Lot Split #13-01 ANALYSIS Rick Shermer, of Shermer Homes Inc., on behalf of the property owner of 925 Mississippi Street, is seeking a lot split, to sub-divide the property to create a new single family lot. The home that already exists on the southern portion of the lot will remain in place and the subdivision � � � s,� A. �n yp � .:��,\� 1'' � Yi II� . will allow for the construction of a new �;'� �� ' �� '�� - � ,��r� � home on the northern portion of the lot ��""�'�I�� .�: �; � ��€��'��`� �� u��:w �. � � � � � ;;� � ��; � � �, �"� � , � � 9 s � : �-� ,� °�. The subject property is zoned R-1, Single �� . � �� °�-��s,,,'°� Famil as are all surroundin ro erties. ' �� , Y, b p p w :�r ��s:�.��- The existing home and garage were ��°"r� �� "" �'�� ' ��.- � �� . � , constructed in 1950. �j "'� � �' �.��ip� o ,G�� " .��';� � � ,,� � ��3 s ^ , -s•.. ,. �� 3.�v. 9zs � 93� ,a.a ` Fridley City Code requires that single- � �� '�� ;; �, �� ..., th �� . ��':� �� "* a�� ,..,. � family lots in the R-1 zoning district be a �� --�Q,° „ _ � , ; minimum of 75 ft. in width with a �"�; � � �� s� � =F A.� � "` ° d minimum total lot area of 9,000 sq. ft. �� ;�, ,"� ��.� � �; � � °��*� �,� � ��; '�` � ��, � � �.� .� .. _ The subject property is a large single �� °�' � �'� family lot at 31,700 sq. ft. The petitioner � ,'r _ _ � � � �� '` would like to split off the "North 117 ft.", �� h � �� r �� ,°�'� '�! i to allow the creation of a new single � � -�� ,, ��'� '��+ ��,-��' �� family lot. After the split,the new lot will be 11,700 sq. ft. in size and 117 ft. wide. The lot with the existing house on it will be 21,000 sq.ft., and 100 ft. wide. As a result, both lots are well over the minimum lot size and lot width requirement. Section 211 of the Subdivision ordinance allows a lot split when a parcel can be subdivided through the use of a simply fraction. The proposed subdivision splits the large lot by 1/3 north: 2/3 south, therefore, meeting the intent of the ordinance. The lot for the existing home will continue to meet all required setback and lot coverage requirements and there is adequate room for the new home to comply with all code requirements as well. The City hasn't heard from any neighboring property owners. STAFF RECOMMENDATION City Staff recommends approval of this/ot split request, with stipulations. • Provide additional homeownership opportunities. STIULATIONS City Staff recommends that if the lot split is granted, the following stipulations be attached. 1. All necessary permits shall be obtained prior to construction on new home. 2. Grading and drainage plan to be approved by City's engineering staff prior to the issuance of any building permits, in order to minimize impacts to the surrounding properties. 3. Property owner, at time of building permit application, shall provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 4. Property owner, at time of building permit application for the construction of the single family home, shall pay$750.00 required park dedication fee. 5. Property owner at time, of building permit application for the construction of the single family home, shall pay a/l water and sewer connection fees. PROPOSED SUBDIVISION FOR SHERMER HOMES. �LYr1�U20 � �SSOCLQtEi,JY2C. -- ' �. ....----e"'---_.,..�,_�_...... ✓ DESCRIPTION: I,ot JA� Auditor�5 SUbd1VlSlOf1 NO. Z� PROFESSIONALLANDSVRVEVORS (Zlla RevisionJ� Clt}� Of Fridley, Anoka COUfItY� Ml1.� ANDUNODEVELOPMENTCONSULTANTS (763)421-9126 13621 VINEWO00 LANE DAYTON.MN 55;72' PROPOSED DESCRIPTIONS FOR Revision. The Noqth 117.00 feet of Lot 9A, Auditor's Subdivision No. 2 (2nd Revision) City of Fridley, Anoka County, Minnesota That part of Lot 9A, Auditor's Subdivision No. 21 " (2nd Revision), lying southerly of ttie Nor,Ch 117.00 feet thereof. Topography as shown is from the City Records. , - � _ .\ [xx.xJ Denotes Proposed Final Grades. � /�/ / i /i i \ � \ \ � � /D O. O �- -- ----�--�..._._._. _ .___ � ��tu � x \�'70_ _. G G� A-►� o'I o �_._ ^� _. , � \ _..�� .�`- �i�� /� ��,�,- / �� .� � !�I'It�JSe �?'— -_ � / � � �I ----� a � '\ 1 . v 7 i �7� o��; � C4.1_V��.}`i�---- � y _ _ ; � � � � � . -T_.......� ��.. �U — �),�, •°� i o.�� ._Pa'I�O--� � � '� l � ,� � : � �,�- ---8?�-� A � l � � -- 'I l .___.__$�,<��... s�, � ) i.� , � � �� /�' �O . � � ,J ! I �I �`� � 0 / � �, � o , „ � �, � I N ��/� `� � � � � , � I ` i vn� � \ ~ �.�� ,\ � . _ ._ � -- /t� U.0 �- �'//Si�S':f� �'�% �� _. �,/r �__._...� r�tu`', � ; ' m � ` I�hereby certify that this Proposed Subdivision wos preparad � ' � me or under my direct supervision and that I ,m a d�,:f� l.i�e�:_,-.:� i Professional Land Surveyor under Che ].aws of chc �,.... �. 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R q�.R�yy.�� " � � .�''�'a 3 ; .: ... ... � � ..-: ,T'i�i C*+°`1.�� v+f.f n..'.� �.,�., �i1��M� p�.�� .s: ui 5 i.:�� 11 for�he construetie�n of ihe sinqfe familX irpme,shalt pny . $7SO.OQ requfred park dedfcai�on jee , ,$ �,FfA AW17�+Fp[ttt;tE 0 bfltldlfl fiJat�U llCQIiO!! .��. ��'� �c�. : �e+ � '�'� k: p�rtY � t 9 AQ AA �,. a�.r� ��».�� a�� '��kn'��i�� S#�ttt Onvf theSJt� !�+ ��,�'�� ' �� h��'� �a �` �� , �r �� a i �Q t' t �o �` s��!�li �� a r��?�iv��i ��'`�� I��q�'��u��tJ��(��G'��ifi��d��^ ��i�� .��i"; CF'"_ �i� ,� ``d��4��': a �,�Y�I�M'k4;�w`� ', � iT y� i awS iunr =�.'� � �I�i�. i i I�v�,..;,; ., , i d � � M � � ��I�'�' i i Ni i�I i�� - ..;,. ..,�, .�t� � ��sa�'� e.�a�i"^ � �� „�.,�:at,�,..�. �� ..��A��.o.��..N PLANNING COMMISSION MEETING May 15,2013 � Chairperson Kondrick called the Planning Commission Meeting to order 7:04 p.m. MEMBERS PRESENT: David Kondrick, Brad Dunham, Br Sielaff, and Jack Velin, MEMBERS ABSENT: Tim Solberg Dean Saba, and roy Oquist OTHERS PRESENT: Stacy Stromberg, Planner Rick Shermer, She r Homes Inc. Brad and Kathy H e, 891 —66`�'Avenue NE Glen Douglas, 1 —66`h Avenue NE Bart Douglas 71 —66`h Avenue NE Charles Sh' ds, 925 Mississippi Street NE APPROVAL OF PLANNING CO MISSION MEETING MINUTES: April 17, 2013 MOTION by Commissioner V in to approve the minutes as presented. Seconded by Commissioner Sielaff. UPON A VOICE VOT , ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED NANIMOUSLY. E r PUBLIC HEARING 1. Consideration of a Lot Split, LS #13-01, by Shermer Homes Inc., to subdivide the property at 925 Mississippi Street to make two single-family lots. MOTION by Commissioner Dunham to open the public hearing. Seconded by Commissioner Velin. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED AT 7:06 P.M. MOTION by Commissioner Dunham receiving letter from Dennis and Karen Digeros (sp.) in opposition to this property lot split. Seconded by Commissioner Sielaff. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. Stacy Stromberg, Planner, stated Rick Shermer, of Shermer Homes Inc., on behalf of the property owner of 925 Mississippi Street, is seeking a lot split, to sub-divide the property to create a new single family lot. The home that already exists on the southern portion of the lot will remain in place and the subdivision wi11 allow for the construction of a new home on the northern portion of the lot. Ms. Stromberg stated the subject properly is zoned R-1, Single Family, as are all surrounding properties. The existing home and garage were constructed in 1950. Planning Commission � May 15, 2013 Page 2 of 9 Ms. Stromberg stated Fridley City Code requires that single-family lots in the R-1 zoning district be a minimum of 75 feet in width with a minimum total lot area of 9,000 square feet. The subject property is a large single family lot at 31,700 square feet. The petitioner would like to split off the"North 117 feet"to allow the creation of a new single family lot. After the split,the new lot will be 11,700 square feet in size and 117 feet wide. The lot with the existing house on it will be 21,000 square feet and 100 feet wide. As a result both lots are well over the minimum lot size and lot width requirement. Ms. Stromberg stated Section 211 of the Subdivision ordinance allows a lot split when a parcel can be subdivided through the use of a simply fraction. The proposed subdivision splits the large lot by one- third north: two-thirds south,therefore, meeting the intent of the ordinance. Ms. Stromberg stated the lot for the existing home will continue to meet all required setback and lot coverage requirements and there is adequate room for the new home to comply with all code requirements as well. Ms. Stromberg stated as was just received by the Commission the City did receive a letter from the neighbor at 870 — 66`h Avenue. In their letter they state that the proposed lot split would ruin the beautiful nature views for all neighbors and it would affect their property value. As a result they are not in favor of approval of the lot split. Ms. Stromberg stated City Staff recommends approval of this lot split request with stipulations as it does meet the minimum standards as outlined in the Zoning Code. Also, it does provide additional homeownership opportunities. Ms. Stromberg stated City Staff recommends that if the lot split is granted, the following stipulations be attached: 1. All necessary permits shall be obtained prior to construction on new home. 2. Grading and drainage plan to be approved by City's engineering staff prior to the issuance of any building permits, in order to minimize impacts to the surrounding properties. 3. Properly owner, at time of building permit application, shall provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 4. Property owner, at time of building permit application for the construction of the single family home, shall pay $750.00 required park dedication fee. 5. Property owner at time, of building permit application for the construction of the single family home, shall pay all water and sewer connection fees. Chairperson Kondrick stated one of the concerns of the letter writer is they felt the new property owners were going to build their house without the proper setbacks from the road. It is time to dispel that and make sure they are on the right track and that all those setbacks are important and are going to be followed and adhered to. Is that correct? Ms. Stromberg replied, what the person who was writing the letter was stating is back in 1976 there was a variance request to do something very similar on this property. They were going to split it and then the variance was actually to reduce the front yard setback. At that time the petitioner ended up withdrawing and nothing was built. She does not have building plans that were submitted with this lot split request, Planning Commission May 15, 2013 Page 3 of 9 but the builder does know that in order to build something here he would need to meet Code requirements. The front yard setback is 25 feet now. Commissioner Dunham asked, how deep is the lot? Ms. Stromberg replied, it is 100 feet. It would be 100 feet x 117 feet. Chairperson Kondrick astated and that meets the minimum lot requirement by quite a bit. Ms. Stromberg replied,yes, it does. Commissioner Dunham asked, the rear yard setback is 25 feet? Ms. Stromberg replied, it is 25 percent of the lot depth, and in this case 25 feet. The builder sketched in the location of the potential house,that can be seen on the plan submitted. The Commission can certainly talk to the builder about what type of home he is considering constructing. Rick Shermer, Shermer Homes Inc., stated he met with the City Planner before he submitted his request to make sure that everything that is required by the City can be met. He said he believed he could go as close as ]0 feet to the property line on the garage side, and 15 feet on the house side. Ms. Stromberg stated it is actually 5 feet on the garage side and 10 feet on the house side. Mr. S6ermer stated he could build a 100 by 50 foot house basically. The one he is planning now is about 32 feet deep and 48 feet wide. He believes in being neighborly. With the house he plans on building he is going to be ]0 feet off the right side of the property line. That way it will give the neighbor to the north close to 40 feet away from his house. He does not believe in cutting all the trees down, he tries to limit the number of trees he needs to take down. He has to dig up the street because there is an old sewer line, etc. He has talked to everyone about how he has to go about doing that. Technically if he did not want to be neighborly he could be 5 feet off the property line on the north side,but that is not the right way of doing it. You have to work with everybody. He sees both sides. He is actually a councilmember and on the planning commission in his city, and he understands people's views. He is trying to build the home so there is the least amount of impact to the neighbors. Commissioner Dunham asked if he already knew what he is building there? Mr. Shermer replied, yes, he has plans. It is going to be about a 1,500 square foot split entry. To keep the depth and width, he is doing a three-car garage on the right side and will have three bedrooms, two baths on top and kitchen and living room on the left hand side. No windows will be on the left-hand side and creates privacy for people on that side with a patio door on the back. Commissioner Dunham asked if that was 1,500 square feet on one level or both levels? Mr. Shermer replied, both levels. With a three-car garage that will be 32 x 26 feet deep. He has to do more dirt work by putting the garage on the right-hand side because of the higher banks. That way he is not having traffic going straight in to make the corner. H,e actually put a flag on the fence on site to show where the 117 feet is. Planning Commission ' May 15, 2013 Page 4 of 9 Brian Hove, 891 - 66`h Avenue NE, stated he is the neighbor to the north of this property. They have lived in Fridley for 22 years. During that time they have had this beautiful lot next to them with big pine trees. The home is build right on 66`h where Able and 66`h come together. His front window, his front door, his bathroom window, his bedroom window are 13 feet from the property line. The new neighbors are right at the line. Their privacy is going to be minimized at this point. He heard about the garage being built next to the home so the windows are looking into the garage and the windows not facing their windows which is more comforting to them. Mr. Hove stated they also have an issue with drainage. The lot does slope. He is not a civil engineer, but he would say it was maybe a 30-degree slope; and now with a home and driveway there is going to be a certain amount of drainage into their lot. They have a double lot, too, but their second lot is locked and you cannot get to it. They are concerned with drainage because they have had water in their basement. They did build the pond there, and that helped to hold some of the water in the area. However, they are concerned with recreating a problem that they did have at one time. That is a big concern. Mr. Hove stated also "safety" was something they are concerned about. /They are right on a curve and where the driveway of the new home is going to come out, people are coming around that corner. For somebody coming out of the driveway, there could be problems there. With the slope of the property, people are coming down Able and can create speed. Kathy Hove, 891 —66th Avenue NE, asked Chairperson Kondrick whether he has been out to look at the land? Chairperson Kondrick replied,yes, he just drove by there. Ms.Hove stated it really is on an incline. Chairperson Kondrick replied, one of the stipulations, and it is an important one not only with this lot but all other lots they do this for whether they be commercial or residential, is the City insists there is a drainage plan. They cannot have any water running anywhere with it causing troubles. The water should be retained on the property where the project is at. Mr. Shermer also mentioned he will have the driveway down on the right-hand side so the driveway issue Mr. Hove talked about, and he understands Mr. Hove's point of view, is going to be down around and past the curve so they will be able to get into the three-car garage past that. Ms. Hove stated they just have 13 feet from the property line to their front door. She is relatively concerned with the privacy. Chairperson Kondrick replied, there will not be any windows on that side, which is a good thing. The builder must have thought about potential neighbor concerns when putting together a plan. . He appreciates that they will not have the same privacy as before with nothing there. Commissioner Dunham stated the other thing is Code is 10 feet for living area for most of the City, is it not? Ms. Stromberg replied,yes. Commissioner Dunham stated there are a lot of people that are 10 feet from their lot lines. � . Planning Commission May 15, 2013 Page 5 of 9 Ms. Hove stated she really feels that their properly values are going to go down with this. It is like a house right on top of their home. Chairperson Kondrick replied, it certainly will be a change for them there is no question about that. Commissioner Dunham stated it is a buildable lot. It is designed to meet Code standards. Ms.Hove asked, why did it not go through before? Ms. Stromberg replied, the reason it did not get approved before is because they were asking for a variance for the front yard setback. It had nothing to do with the lot size. The lot has always been big enough to be subdividable. However, at that time, the person who was going to build the house was asking to have reduction in the front yard setback because they did not want to build a longer driveway than they had to because of financial reasons. It sounds like from the minutes she read there was some neighborhood opposition at the time, and then the owner must have decided not to go through with it. He pulled the request and that was back in 1976. • Ms. Hove asked whether the neighbors even have any say in this process. It sounds to her the Commission's decision is made to tell the truth. Chairperson Kondrick replied, in a way it kind of is and here is why. They all hear them and know what their concerns are, and he appreciates that. However, they have somebody who has, by Code, by law, a buildable piece of property. The Code says and the law says that someone can put something on there. If the Commission says, but it has to be "this" far away and "that" far away and "this" deep and have the proper setbacks, the law says, the Code says, it is tough to deny that. The builder and the owner of the property could be angry about that because they are not obeying the law. That is why. Ms.Hove asked, then why are they even here. Chairperson Kondrick replied because you did not know all of these things before you attended the meeting and he understands that. A lot of folks come before them who do not realize some of these laws. Part of their job this evening is to tell them about the laws and make sure the builder better make sure he follows those stipulations because it will not happen if he does not. Commissioner Dunham stated half of the conditions are the drainage, etc. and the approvals are subject to all those things. Subject to building within those certain distances which are the same thing as in the Code. They have to be done right. It is bigger than a lot of single family lots the City has. Chairperson Kondrick stated the stipulations are set making the builder do all these things to protect not only the person buying the home he is building but also to protect the neighbors. They must go along with the Code and the law unless someone can give them a good reason why not, and that has not been proven. Commissioner Dunham stated in 1976 it appears it was a variance. They wanted a special driveway and so it was denied. However,there is no variance being requested here. Planning Commission � May 15, 2013 Page 6 of 9 Chairperson Kondrick stated this is a straightforward deal and similar requests have been before them and to their neighbors in Fridley. They understand their concerns. It has not been predetermined but maybe it has, in part because it meets Code requirements and because of the stipulations. Ms. Hove asked whether he saw the incline on the property? Chairperson Kondrick replied, yes. The builder has to figure a way around that because they do not want any water shifting around. Glen Douglas, 871 —66`h Avenue NE, asked, how many lots have they done this to in Fridley? Chairperson Kondrick replied, as to lots splits? A lot. Commissioner Velin replied, many, many. Commissioner Dunham replied, the corner lots happen more often because you have more frontage. All over the place. Mr. Douglas replied, okay, he just wanted to know how many they have done. Bart Douglas, 871 — 66`h Avenue NE, stated he thought the meeting was conducted very well. The facts are pretty clear, the person has the right to do this, and the builder is being fair. With the proposed split, the lot that Kathy and Brian live on was kind of squeezed in there. To him maybe if you construct a fence on the property line that would help with the privacy. They know the Codes but decency is a little bit different than Codes. Is the current property owner interested in selling more land to them so they can have a front yard or would that squeeze their backyard too much so they could not build a house. Chairperson Kondrick replied, he assumes that somebody talked to somebody about what is the biggest and smallest lot they can have to be able to get a good buildable lot; and they came up with those numbers, 117 x 100 feet. That is a preriy good lot size. Down by the river, for example, that would be a very big lot. He does not know how to answer Mr. Douglas. He asked Ms. Stromberg is he correct so far? Ms. Stromberg replied, the only other question she would entertain is it is up to the property owner whether they are interested in splitting additional land area for the neighbor to purchase. Mr. Shermer stated he is trying to be neighborly. If they are worried about privacy, he could put up a fence. He asked what is the City's ordinance on fences? Ms. Stromberg replied, you are allowed to do a 7-foot privacy fence in the side or rear yard. Mr. Shermer stated he could a 7-foot privacy fence on the property. Chairperson Kondrick stated to Mr. Shermer he moved that driveway further south. Mr. Shermer replied, he moved it as far south as he could. Technically as long as he does it according to Code he could build it closer to the line; however, that does not help him. It is better he moves it away from the neighbors for the potential buyers and also to give the neighbors privacy. He has drainage on . Planning Commission May 15, 2013 Page 7 of 9 the Hoves' side, from the front to the back. He has 5-foot drainage. Everything drains from the northeast corner. It is probably costing him $5,000 more to put the garage on the right side. MOTION by Commissioner Dunham to close the public hearing. Seconded by Commissioner Sielaff. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 7:38 P.M. MOTION by Commissioner Sielaff approving Lot Split, LS #13-01, by Shermer Homes Inc., to subdivide the property at 925 Mississippi Street to make two single-family lots with the following stipulations: 1. All necessary permits shall be obtained prior to construction on new home. 2. Grading and drainage plan to be approved by City's engineering staff prior to the issuance of any building permits, in order to minimize impacts to the surrounding properties. 3. Property owner, at time of building permit application, shall provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 4. Property owner, at time of building permit application for the construction of the single family home, shall pay $750.00 required park dedication fee. 5. Property owner at time, of building permit application for the construction of the single family home, shall pay all water and sewer connection fees. Seconded by Commissioner Dunham. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. PUBLIC H �` RING: 2. Consi eration of a Vacation, SAV #13-02, by Carlson McCain for William Fogerty, to vacate public road easement, two sanitary sewer easements and a water main easement on the prop ty at 7011 University Avenue. New easements will be dedicated as part of the new plat th will be filed for the property. MOTION by Commissio r Velin to open the public hearing. Seconded by Commissioner Sielaff. UPON A VOICE VOTE, AL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANI USLY AND THE PUBLIC HEARING WAS OPENED AT 7:42 P.M. Ms. Stromberg stated Mr. Krystofiak, of rlson McCain, who is representing Bill Fogeriy, the owner of Columbia Arena at 7011 University Aven , is requesting to vacate an existing public right-of-way easement and three utility easements that wi be dedicated on the new plat for the Columbia Arena project, when that is filed at Anoka County. f AGENDA ITEM � CITY COUNCIL MEETING OF JUNE 10, 2013 CffY OF FRIDLEY Date: June 3, 2013 To: Darin Nelson, Interim City Manager � From: Scott Hickok, Community Development Director Julie Jones, Planning Manager Stacy Stromberg, Planner Subject: Resolution Approving Lot Split Request, LS#13-01, Shermer Homes Inc. INTRODUCTION Rick Shermer, of Shermer Homes Inc., on behalf of the property owner of 925 Mississippi Street, is seeking a lot split, to sub-divide the property to create a new single family lot. The home that already exists on the southern portion of the lot w.�. will remain in place and the subdivision ssxi � . will allow for the construction of a new �� -, aa y; '` � �� „ ' ,��;,t, �.� �'.� d� �� _� home on the northern portion of the lot �. � �, �, � �� ,� �� :, �.,. � .. ,.�`�� „� �r` � ��'� �� `: � ;� q b,�n. ��o PLANNING COMMISSION �° � d�" x �f� � 65 RECOMMENDATION �� . � �, �'� �.�^� At the May 15, 2013, Planning � �� `�,�� , � � �� ' �>r Commission meeting, a public hearing �� -� '�� ,�� ,. �� . ��. was held for LS#13-01. After receivin �� '�� g � � \ �� m 9� �� comments from neighboring property �. �� ;, �� ,w �� owners and a brief discussion,the �`��:�'� � ' °°��'�� "�� "� '��;�� °� � n� � Ea x �� ,� , �� Planning Commission recommended � � , �: ��a °��,�� , �� Q =� � ��"�� approval of the lot split request, LS#13- �� 4,�� .t � , �� } � F� �� 3�� as� � ��`H�a��.,.� �xi�:F��.S:.. � ' ' :� ,•�•`u� �� ", 01, with the stipulations as presented. —�-�� -�� " � �_. :___ � � � THE MOTION CARRIED UNANIMOUSLY. `� �P,�� s� �� ,°�� x5,`� � �� ..� �{{��yaa �`�. � �� ?.. a � .o, 4�� . ��`Si� � i ��9� .� h � 4 \:' PLANNING STAFF RECOMMNEDATION � � �;°� �� ' °`� '� ��h o�s � �"` � �o g ; : i�Y M�.a. e ... . �� .� � ... .�u>: 'S sn.s"1...!Ika u� x P.w �� .. City Staff recommends concurrence with Y� the Planning Commission. STI PU LATI ON S 1. All necessary permits shall be obtained prior to construction on new home. 2. Grading and drainage plan to be approved by City's engineering staff prior to the issuance of any building permits, in order to minimize impacts to the surrounding properties. 3. Property owner, at time of building permit application,shall provide proof that any existing wells or individua/sewage treatment systems located on the site are properly capped or removed. 73 4. Property owner, at time of building permit application for the construction of the single fami/y home, shall pay$750.00 required park dedication fee. 5. Property owner at time, of building permit application for the construction of the single fami/y home, shall pay all water and sewer connection fees. 74 City of Fridley Land Use Application LS#13-01 May 15, 2013 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Shermer Homes Inc. SUMMARY OF PROJECT Rick Shermer The petitioner, Mr. Shermer of Shermer Homes, 13691 Balsam Lane N Inc., on behalf of the property owner of 925 Dayton MN 55327 Mississippi Street, is seeking a lot split, to sub- Requested Action: divide the property to create a new single family lot Lot Split along the north side of the property. Purpose: SUMMARY OF ANALYSIS To create an additional single-family lot City Staff recommends approval of this lot split Existing Zoning: request. R-1 (Single Family Residential) • Provides additional homeownership Location: opportunities within the City. 925 Mississippi Street CITY COUNCIL ACTION/60 DAY DATE Size: City Council—June 10, 2013 31,700 sq. ft. .72 acres 60-Day Date—June 10, 2013 Existing Land Use: Large Single Family Lot s„� Surrounding Land Use &Zoning: °� � � �' �,, _�; � 653 � N: Single Family& R-1 �� °�a �� ,�� ' � � � � � E: Single Family& R-1 ' �� ?� "' °��`��'� `'�� ""� ��`" �� £ � 4� ' S: Single Family& R-1 ��.� � �� ,�� ,��s,,. �. � . W: Single Family& R-1 ,��, �� ,�� Comprehensive Plan Conformance: �� q�� ' . �' � �� k �`�3 a Consistent with Plan �,,; ` � � �� k� Zoning Ordinance Conformance: t �� , � � � � �� Section 205.07 requires a minimum lot size of 9,000 ��, � , '��°'��' �� k � .<, �� a��ro :� �.�,at x�� . ✓.� ".��e¢ �,.�[� a. sq. ft. and a minimum lot width of 75 ft. �� . � � � --� � . � Zoning History: � ,, �{�"� � ��" �'� � ��, ` � � �� • Lot hasn't been platted. ��,` �� `�� ' ' �� ' �� House and garage built in 1950. ma ;� 9 � �,��' � �� `�°��° �� '��`��`� 4i� J - k J � - E:�� 4' � • Auditor's Subdivision was recorded in 1953. �~��,��,�� `� � ,�"� �,�- �� ;�� ; ,; °� ;P Legal Description of Property: ' � �� , �� "� ��o�� Lot 9A, Auditor's Subdivision No. 21 (2"d ��'��°` '° � �`°�� `�'� ��-�"° Revision) Subject Property Public Utilities: Staff Report Prepared by: Stacy Stromberg Existing house is connected. Water and sewer services are available in the street for the new home. Transportation: The existing house is accessed from Mississippi Street and the new home will be accessed from Able Street. Physical Characteristics: Large single family lot, heavily wooded. 5 Land Use Application Lot Split #13-01 ANALYSIS Rick Shermer, of Shermer Homes Inc., on behalf of the property owner of 925 Mississippi Street, is seeking a lot split, to sub-divide the property to create a new single family lot. The home that already exists on the southern portion of the lot will remain in place and the subdivision , �, �� ,;, s=� � ti a 3 �, � �. will allow for the construction of a new n�' �� `�� ' .��.� ��k� �� b �� k� � ,. ��. � aa .�, �� . �a � �� _a�:'�`� � �k� �:" � -� home on the northern portion of the lot. � , � �;� � , 'w ��+"tr.". � 3 �,. �` �sa�w �!i� " rr;z w. - ��.! ' '� r�ti � � '�d*Y � � .. `,� ep3v��« P�y�, <<3� The subject property is zoned R-1, Single ��,� «�51 �r Family, as are all surrounding properties �,� ��,�„�,. �r� �� a r �� `� �� ' � �� The existing home and garage were � ' ��`�� : ,�� constructed in 1950. ° ° �° „� �� ,�� r .� ��: �� ,�'a� szs . .,, ;� � � .� � 93, � Fridley City Code requires that single- � ��,,�a r�� ; �� : :�, � � .i�� ,�,�� . � �� family lots in the R-1 zoning district be a �� °-" �. � s r _ � minimum of 75 ft. in width with a �"` � �� .�� '�" �� minimum total lot area of 9,000 sq. ft. �� '�'� �� °�� ,�` � � .� �� .� � w� The subject property is a large single � � �° �, -: ,,� : , �� . � ,�,� family lot at 31,700 sq. ft. The petitioner � �� s ' �^� � ,� �° would like to split off the "North 117 ft.", � � �' � �� '�� ,� � � �� ` �� ':� �� to allow the creation of a new single � ��" °� �`�� _� a. ��, , family lot. After the split, the new lot will be 11,700 sq.ft. in size and 117 ft. wide. The lot with the existing house on it will be 21,000 sq. ft., and 100 ft. wide. As a result, both lots are well over the minimum lot size and lot width requirement. Section 211 of the Subdivision ordinance allows a lot split when a parcel can be subdivided through the use of a simply fraction. The proposed subdivision splits the large lot by 1/3 north: 2/3 south, therefore, meeting the intent of the ordinance. The lot for the existing home will continue to meet all required setback and lot coverage requirements and there is adequate room for the new home to comply with all code requirements as well. The City hasn't heard from any neighboring property owners. STAFF RECOMMENDATION City Staff recommends approval of this lot split request, with stipulations. • Provide additional homeownership opportunities. STIULATIONS City Staff recommends that if the lot split is granted, the following stipulations be attached. 1. All necessary permits shall be obtained prior to construction on new home. 2. Grading and drainage p/an to be approved by City's engineering staff prior to the issuance of any building permits, in order to minimize impacts to the surrounding properties. 76 3. Property owner, at time of building permit application, shall provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 4. Property owner, at time of building permit application for the construction of the single family home, shall pay$750.00 required park dedication fee. 5. Property owner at time, of building permit application for the construction of the single family home, shall pay all water and sewer connection fees. 77 RESOLUTION NO. A RESOLUTION APPROVING A SUBDIVISION,LOT SPLIT,LS#13-01, TO CREATE A BUILDABLE SINGLE FAMILY LOT,GENERALLY LOCATED AT 925 MISSISSIPPI STREET WHEREAS,the Planning Commission held a public hearing on the Lot Split, LS #13-01, on May 15, 2013 and recommended approval based on meeting the minimum requirements set forth within the zoning code of the R-1, Single Family zoning district; and WHEREAS,the City Council at the June 10, 2013 meeting approved the Lot Split request; and WHEREAS, such approval was to create an additional single family home lot within the R-1, Single Family zoning district, based on new legal descriptions which read as follows: The North 117.00 feet of Lot 9A, Auditor's Subdivision No. 21 (2°d Revision) City of Fridley, Anoka County, Minnesota That part of Lot 9A, Auditor's Subdivision No. 21 (2"d Revision), lying southern of the North 117.00 feet thereof, City of Fridley,Anoka County, Minnesota WHEREAS,the City has received the required Certificate of Survey from the petitioner, showing the proposed new legal descriptions and it is attached as Exhibit B; and WHEREAS, the City has approved Lot Split, LS#13-01 with 5 stipulations as outlined in Exhibit A; and NOW, THEREFORE, BE IT RESOLVED,that the City Council of the City of Fridley approves lot split, LS #13-01 and directs the petitioner to record this Lot Split at Anoka CounTy within one-hundred eighty (180)days ar said approval shall become null and void. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS lOTH DAY OF JUNE 2013. SCOTT J. LUND - MAYOR ATTEST: DEBRA A. SKOGEN -CITY CLERK 78 EXHIBIT A STIPULATIONS FOR LS#13-01 1. All necessary permits shall be obtained prior to construction on new home. 2. Grading and drainage plan to be approved by City's engineering staff prior to the issuance of any building permits, in order to minimize impacts to the surrounding properties. 3. Property owner, at time of building permit application, shall provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 4. Property owner, at time of building permit application for the construction of the single family home, shall pay$750.00 required park dedication fee. 5. Property owner at time, of building permit application for the construction of the single family home, shall pay all water and sewer connection fees. 79 PROPOSED SUBDIVISION FOR SHERMER HOMES. ail72�U40 U �`_10ClRtt1, JnC. . ..�,..,_,,,,,.._._..._-,•�-�_...... � . DESCRIPTION: I.ot 9A, Auditor's Subdivision No. 21 PROFESSIONALIANDSURVEVORS ANDLAND�EVELOPMENT CONSUITANTS (2nd Revision), City of Fridley, Anoka County, Mn. (763)421-9126 13821 VINEWO00 LANE DAY70N.MN 55327 PROPOSED DESCRIPTIONS FOR Revision. The North 117.00 feet of Lot 9A, Auditor's Subdivision No. 2 EXHIBI T B (2nd Revision) City of Fridley, Anoka Co�nty, Minnesota That part of Lot 9A, Auditor's Subdivision No. 21 � (2nd Revlsion), lying southerly of tlie North 117.00 feet thereof. Topography as shown is from the City Records. ' � _� \ [xx.x) Denotes Proposed Finel Gredes. / �/ / / /i�..� \ \ ! / \_ _/ /!'J_____��_�[D. �,�._.._.___._. - - -�-- � \��., -- . X \��_ G G�N �✓� o'I� � �\._...�� _ �,��" T�e /�JO //7�:- ,� � '�I � ' � ` ��.1 --, ` �I�l-�n✓s e� c�r 7� \. ` � I, �I —'"• � � � �' 1 '. `� .. a _...�..�...i� o � I . � ---- -- P,7 � a �_� 7 _ -.--_ _ � OJ`� n �?.1 V� `.�� 1 � � � r: _-.-� '`• `�;,� �.g�ca—�- � �" �°- � ° °_" � .'\ - � � � � � � � ...��e.. , ' � f: _ ,� __ s� �h I , /-- —8 4�,� y � � a' / �I �O; �� 1 / �� I � � �J � 0 / c� � � �r'=/ � ` ; � � N , ,,;, �y i , I � I � � � ; � ' �n� ; I ,� \ � �~E'o o --_ \ \ _ �.._ --- /� O.0 �- i �/f 31 s'� / !�?1�' d \ ,�'�` Y;� � '"'�"�`' '..✓ � - M � I hereby certify that this Proposed Subdivision was przpared ::: ! � � me or undar my direct supervision and that I ain a duly Llcens�=: � Px'ofessional and Surveyor under the laws of [he Scace ef , MinneSota D�April 10, 2013. , v�// � gY ' �-��„�, iC, �-��L.c� , Minnesota License No. 1:2u" � - t"t �--' r FRIDLEY CITY COUNCIL MEETING OF JUNE 10,2013 PAGE 4 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF THE AGENDA: MOTION by Councilmember Bolkcom to approve the agenda. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOYISLY. OPEN FORUM: (No one from the audience spoke) NEW BUSINESS: 10. Resolution Approving a Subdivision, Lot Split, LS #13-01, to Create a Buildable Single Family Lot, Generally Located at 925 Mississippi Street (Ward 1). Julie Jones, Planning Manager, stated the petitioner is Shermer Homes on behalf of the property owner at 925 Mississippi Street. They are seeking a lot split to subdivide this single-family home property. The home that already exists on the southerly portion of the lot will remain in place, and the subdivision will allow for the construction of a new home on the northern portion of the lot. Ms. Jones stated the subject property is zoned R-1, single family, as are all of the surrounding properties. The existing home and garage on the site were constructed in 1950. Fridley City Code does require that single-family lots in the R-1 zoning district be a minimum of 75 feet in width and total lot area or square footage of 9,000 square feet. The subject property is quite large at almost 32,000 square feet in size. • Ms. Jones stated the petitioner would like to split off the north 117 feet of the lot to allow the creation of a new single-family lot. After the split, the new lot will be 11,700 square feet in size and 117 feet wide. The lot with the existing home on it will be 21,000 square feet in size and 100 feet wide. Ms. Jones stated the lot for the existing home will continue to meet all of the required setbacks and lot coverage requirements. There is adequate room for the new home to comply with all of the code-required setbacks. Ms. Jones stated the Planning Commission held a public hearing for this proposed lot split on May 15, 2013. A few neighbors did speak out against the proposed split request. The petitioner is trying to accommodate the neighbors' concerns by constructing the new house as far south on the lot as possible. FRIDLEY CITY COUNCIL MEETING OF JUNE 10,2013 PAGE 5 ' Ms. Jones stated the Planning Commission unanimously recommended approval of the lot because it does meet the minimum standards set forth in the Zoning Code. City staff recommends concunence with the Planning Commission with five stipulations. Councilmember Bolkcom asked Ms. Jones to summarize what the neighbors' concerns are. One of them was safety as to the traffic and location of the driveway. Ms. Jones replied she did know one neighbor across the street was concerned about losing the trees and the park-like look they had across the street from them. Also, the neighbor to the northwest of the proposed lot was actually interested in buying part of the property themselves to create a more standard sized lot. Even if the lot split proceeds, she is not sure if they had any negotiations with the petitioner or the landowner and that would not preclude that from happening in the future. It would require a plat and would not just be a simple lot split. It would be a more complicated subdivision. Councilmember Bolkcom asked was there a question about drainage? Ms. Jones replied that she had not heard. Rick Shermer, Shermer Homes, stated the problem for the people's property to the north is their front yard is only 12 feet wide from the front of the house to the property line. He proposed to push the garage all the way to the south. He wants to be neighborly. There will be no windows on that side, the garage will be on the right side, and the driveway will not interfere with the people coming off of Able Street. He is trying to be reasonable. Councilmember Bolkcom replied that is very reasonable. Mr. Shermer stated in the top northerly part there is a 12-foot high fence. He would like to take the fence down and push the house all the way over. He addressed the neighbors after the meeting and they had no concerns. He will be doing what he can do to keep the trees. He has to hook up the sewer and do a street cut. Councilmember Bolkcom asked Mr. Shermer if he knew how many trees will have to come down. Mr. Shermer replied he does not know where the sewer actually is. He is pushing the garage all the way to the south side, and will do a retaining wall. Councilmember Saefke stated he was by the property today. It is a beautiful lot. He thinks Mr. Shermer will be able to save a good number of the trees. From his perspective, if you meet the Code, legally you have every right to split that lot. There was some concern about drainage but there are materials and/or techniques to avoid problems. , FRIDLEY CITY COUNCIL MEETING OF JUNE 10, 2013 PAGE 6 Mr. Shermer replied the drainage now runs towards the northeast portion of the lot. He is not going to affect any of the drainage, and the drainage is not going to affect this property. Councilmember Saefke stated all that stuff needs to be approved anyway. He does not think there is any problem with this at all. Bart Douglas, 871 —66'�'Avenue NE, stated he lives two doors down from the property. He met Charles, the new neighbor, and he also met Brian and Kathy Hove. He visited with them and got the approval he could represent them on a couple of issues. As to the lot, the Hoves live on, 891 — 66�' Avenue NE, he asked if anyone knew if that lot was originally owned by the City. Councilmember Barnette replied, the family who originally lived there was named Bernster, and to the best of his knowledge, they owned that entire lot. Mr. Douglas stated he is talking about the Hoves' lot. The one that was on the curve. If it is true that it was never owned by the City, it is his understanding it was part of an existing, undeveloped area owned by the City. It seems it was the decision of the City maybe to put a house in there. He apologizes if that is wrong. In his view that was wrong from a neighborly point of view. Not that it was not meeting Code, etc. To him that was like a strike one. Going forward, people moving, and a fence goes up. He asked everybody to try and put themselves in the position of the Hoves. Now a fence is up in your front yard. Mr. Douglas stated he lives two doors down. It is quite irregular. He was asking his father if he knows of any other lot in the City like that where there is an irregular lot where you do not possess the property adjacent to your driveway to your front door. He could not think of one. Mr. Douglas stated, No. 1, in his view the City erred in putting that lot there and building a house. Yes, the Hoves knew when they moved there the property line was there; but there was no fence. It is one thing not to have a fence right outside your front door. Councilmember Bolkcom asked who put the fence there. Mr. Douglas stated, the second strike, is that the City is now going to put in a house. Not that it is not by Code, etc. It is not quite neighborly to do that. His final point is, he does not know what ordinances are in other cities but asked if they have an ordinance where if you move and purchase a property there could be a period of time you must dwell there before you are able to split the lot? In this housing climate, they are in with a lot of buying and selling and moving. In his view, if he drove to this place and he saw a ripe apple to pick, knowing he could make a quick $85,000 to $100,000 by splitting the lot, maybe he would go in there, live there a couple of years, sell it and go. Ms. Jones stated there are people who have lived in that area for 20 to 30 years. The Hoves have lived there 23 years. Now the new neighbors are coming in, they have a full right to do FRIDLEY CITY COUNCIL MEETING OF JUNE 10, 2013 PAGE 7 that but, again, if you live there would we do that to our neighbor? He also would like to propose the City entertain such an ordinance, that they look at legal possibilities if it would be out of line to have a two to three-year moratorium on lot splits when somebody new moves in. Mayor Lund stated he would ask the City Attorney to weigh on that but his first reaction is no. Mr. Douglas is talking more about a morality type thing, rather than legality. Councilmember Bolkcom stated you can buy a property and never live in it and split the lot. Anyone can do that. Councilmember Saefke stated if you go down on Jackson and 66th there is a house that is not quite square with the lot. That is the original farm house that used to own that whole property there. Typically what would happen when Fridley was being developed, the farmers who owned the property sold it to developers, and the developers were responsible for platting the property. The City probably never really owned that property. As far as ownership of private property, he can buy whatever he wants. Darcy Erickson, City Attorney, stated she is not aware of any city in the metro area or the state for that matter that has any kind of restraint on the alienation of property, the selling of property. Property rights are a bundle of sticks; and that is the right to rent it, the right use it, and the right to sell it. The law itself does not always favor putting restraints on alienation or sale of property. She does not believe there is any type of expectation anyone can have that the property is not going to be developed. Here it appears to be meeting all of the Code requirements and while it might be nice to have the view the neighborhood currently enjoys, there really is not a way to stop something. The person has the right to develop property assuming it meets the requirements of the Code. Mayor Lund stated when he looked at it he thought it was a little bit of an odd lot. Put yourself as if it were your house, he probably would have been talking to the neighbor that owned that property a long time ago. Maybe even before considering buying it. See about buying a little pie shape there. On an outside corner usually you do have a lot line that goes out at an angle. This one is very square into the front yard and cuts off. Mayor Lund said from Council's viewpoint it meets all the setback requirements, and he does not see that they can stop this. He certainly understands the fact that it is an inconvenience and an unusual scenario. Councilmember Bolkcom stated Mr. Douglas made the comment that the City is doing this lot split. However, it is coming before them for approval. The City did not seek out this owner to split this lot and build a home. These lots split happen all over the place. This does meet the requirements. She said she does not believe the City has the legal right to deny this request, and would probably be sued for it. FRIDLEY CITY COUNCIL MEETING OF JUNE 10,2013 _ ___ PAGE 8 Mr. Douglas replied he was not saying the City is soliciting it in any way. However, they do have the authority to grant or deny. In conclusion, the City gains by a"yes" and it loses by a "no"because it gets another taxpayer. Councilmember Bolkcom stated she has a legal obligation to protect the City also, and she does think the City would be sued. They have no reasonable reason to deny this request because it meets all Code requirements to have a lot split here. She is not doing it because they are going to get another property on the tax roll. Mr. Douglas replied he is not saying they would make a decision for that reason. He is just making an objective statement saying the City benefits by approving it. It loses by denying. The City does not have a legal standing to deny it unless instead of going by the letter of the law, they took also the second method of leadership which is to go by the spirit of the law and try to empathize with the people they are representing. Councilmember Bolkcom said she is not saying they would emphasize but they also gain because they are bringing in another single-family home and another family into the community. She would like the City Attorney to comment about legal rights vs. moral or empathetic reasons to do something. Attorney Erickson stated she thinks the City would be very hard-pressed to find a reason grounded in the law as a basis for denying the request. It puts the City into a precarious situation if it were to deny on those grounds. Reading through the City Code, she does not see any distinction between the spirits of the law vs. the letter of the law. The Code is drafted with various objective terms, square footage, minimum lot size for the dimensions of a lot setback, etc. Those guidelines are drafted with the intent of protecting the surrounding properties and making sure that properties are not being developed and houses are spaced too closely. There is thought given to those requirements. She does not see there is any friction between the letter of the law and the intent of the law. Those are harmonious. Councilmember Saefke stated as to spirit of the law, it is private property ownership and what you can do with that property. One aspect is a person living there already on a probably funny looking lot. However, take it from the vantage of the person who owns this larger lot. These laws, codes, etc. are there to protect people's rights. When you purchase property, you have the right to do whatever is within the law. All the gentleman is asking for is his right to split the lot and, as long as it meets all the legal requirements, that is the spirit of the law. The City is legally bound to let him do that as long as it is within the law. Whenever there is change, there will be people who object to it as things will not look the same or be the same. Mayor Lund commented as to Mr. Douglas' comment that, yes, the City gains and the other way it does not. He believes Mr. Douglas is saying that relates to financially with respect to property taxes. It adds another t�payer. Mr. Douglas replied, correct. FRIDLEY CITY COUNCIL MEETING OF JUNE 10, 2013 PAGE_9 Mayor Lund stated that is a little inconect. With another property taxpayer, everyone else who pays the property taxes benefits, not the City. The City has a levy, and if there is one less taxpayer who meets that cap or that levy, then everybody else pays a little bit more. Having one more taxpayer reaching that cap in the levy, it means they all pay a little less. Mr. Douglas stated the request the homeowner has made and the request the neighbors have made and the reason this should be denied is it would be an exception. The exception would be that it is on an irregular road. Whoever moves in next will say I want to move into that house, look at the weird front yard and there is a house right by it. Mayor Lund stated he gets the impression this lot split makes it a natural okay and the existing house with 12 feet from their house and their front yard seems to be the irregular one. It makes it more normal to have this new house coming in with the one that is already existing. He would have been talking to the property owner about buying a slice there to make it a little bit more normal. Councilmember Varichak stated she had the same situation a few years ago where she lived. She had nobody across the street from her. About 8-10 yeaxs ago, the property owner across the street decided to sell the land, split the lot 6 different ways and there were 6 new homes in that area. She lost the woods across the street, and she felt her privacy was invaded; but she now has two really nice neighbors and they all watch out for each other and take care of the neighborhood. It was very hard for her to adjust. MOTION by Councilmember Saeflce to adopt Resolution No. 2013-29 with the following five stipulations: 1. All necessary permits shall be obtained prior to construction on new home. 2. Grading and drainage plan to be approved by City's engineering staff prior to the issuance of any building permits, in order to minimize impacts to the surrounding properties. 3. Property owner, at time of building permit application, shall provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 4. Property owner, at time of building permit application for the construction of the single family home, shall pay$750.00 required park dedication fee. 5. Property owner at time, of building permit application for the construction of the single family home, shall pay all water and sewer connection fees. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. RESOLUTION NO. 2013-29 A RESOLUTION APPROVING A SUBDIVISION,LOT SPLIT,LS#13-01, TO CREATE A BUILDABLE SINGLE FAMILY LOT, GENERALLY LOCATED AT 925 MISSISSIPPI STREET WHEREAS, the Planning Commission held a public hearing on the Lot Split, LS #13-01, on May 15, 2013 and recommended approval based on meeting the minimum requirements set forth within the zoning code of the R-1, Single Family zoning district; and WHEREAS, the City Council at the June 10, 2013 meeting approved the Lot Split request; and WHEREAS, such approval was to create an additional single family home lot within the R-1, Single Family zoning district,based on new legal descriptions which read as follows: The North 117.00 feet of Lot 9A, Auditor's Subdivision No. 21 (2°a Revision) City of Fridley, Anoka County, Minnesota That part of Lot 9A, Auditor's Subdivision No. 21 (2nd Revision), lying southern of the North 117.00 feet thereof, City of Fridley, Anoka County, Minnesota WHEREAS, the City has received the required Certificate of Survey from the petitioner, showing the proposed new legal descriptions and it is attached as Exhibit B; and WHEREAS, the City has approved Lot Split, LS #13-01 with 5 stipulations as outlined in Exhibit A; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley approves lot split, LS #13-01 and directs the petitioner to record this Lot Split at Anoka County within one-hundred eighty (180) days or said approval shall become null and void. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 10'� DAY OF JUNE 2013. ,��- .� SCOTT J. L - MAYOR ATTEST: �� DEBRA A. SKOGEN- Y CLERK Resolution No. 2013-29 Page 2 EXHIBIT A STIPULATIONS FOR LS#13-01 l. All necessary permits shall be obtained prior to construction on new home. 2. Grading and drainage plan to be approved by City's engineering staff prior to the issuance of any building permits, in order to minimize impacts to the surrounding properties. 3. Property owner, at time of building perxnit application, shall provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 4. Property owner, at time of building permit application for the construction of the single family home, shall pay$750.00 required park dedication fee. 5. Property owner at time, of building permit application for the construction of the single family home, shall pay all water and sewer connection fees. �r�w�ora+uvr� i�v.-�v�v.�v . . ..I I `+ ( I � PROPOSED SUBDIVZSION FOR SHERMER HOMES. 1tl12�CJZ.O � 07110CLUtC ti, J)2C. _'_ _�.... v � DESCRIPTION: I.ot 9A, Auditor's Subdivislon No. 21 PROFESSIONALLANDSUAVEYORS 0.ND LAND DEVELOPMENT CONSULTANTS (2nd Revision}, City of Fridley, Anoka County, Mn. (763)421-9126 13621 VWEWOOD LANE DnrTON.MN 5532'' PROPOSED DESCRIPTIONS FOR Revision. The North 117.00 feet of Lot 9A, Auditor's Subdivision No. 2 EXHIBIT B (2nd Revision) Ci[y of Fridley, Anoka County, M3nnesota That part of Lot 9A, Auditor's Subdivis:on No. 21 � {2nd Revision), lying southerly of the Nor,th 117.00 feet thereof. Topography as shown is from the City Records. ' V _ \ [xx.x� Denotes Proposed Final arades. �/ �/ / / /i/ �. \ 1 D \. \_ -' / ) /P Q• _.,,�.._.___._._ _ ..._.. .\ \ ��,, _ _ � : \��0�-- GG� A�✓� o�� ---�-�g,"� �-- ' ,��- -r/�� fo i��'� �.. � �i � � � � � f�J-�n✓e .�7? .._� �-----�. / \ , \� . '� , � � -'�---=�:i�.. � e7� �a ,, �� _�.� 7y � --- . I p��; r. Co1 v. �!^ . �`"T. '...�'�` �_� � � � ,o, ��c� , o.�._ ,� �r � -- � \ �' � I �- _ -��"' � � ` ; / _ _.� � � , ��<<� �- ,s� � . . � / !J ��, � � / a / = J , � �, ��` � . JI 0 / � ? � � o ,,, „ o � � � ,� i N N � 'i � f k 1 � n� 1 � ' � �� ----�oa p . ,_ ` ` �— --- f \ /t O.0 ` � - � �/s S/ �'�/ �'r''✓ ' �,�` �n ��, ��..r I - • m � I hereby certify that this Proposed Subdivision 1JlS prapareu �, ! me or undet my direct supervision and that I am a �u_y L,cens�-: ; Professional Land Surveyor under the laws of the sc�:e of MinneSota Dated April 10, 2013. ; /• i�u�t.0 , Minnesota License No. 1;'2c�� By � Ci-,., . � t , �IIIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII Record ID 2610588 20611 �2 . ��4 STATE OF MINNESOTA ) CITY COUNCIL PROCEEDINGS SUBDIVISION (PLAT OR LOT SPLIT) COUNTY OF ANOKA ) CITY OF FRIDLEY ) In the Matter of: Lot Split, LS #13-01 Owner: Charles J. Shields The above entitled matter came before the City Council of the City of Fridley and was heard on the 10th day of June, on a petition for a subdivision pursuant to the City of Fridley's Zoning Ordinance, for the following described property: To create a buildable single family lot, generally located at 925 Mississippi Street, legally described as follows: The North 117.00 feet of Lot 9A, Auditor's Subdivision No. 21 (2"d Revision) City of Fridley, Anoka County, Minnesota. That part of Lot 9A, Auditor's Subdivision No. 21 (2"d Revision), lying southern of the North 117.00 feet thereof, City of Fridley, Anoka County, Minnesota. IT IS OKDERED �hat a subd�vision be g�ant�d as upa^ the follovvir,g conditicns or rs�scn�: Approval with 5 stipulations. See Resolution #2013-29. STATE OF MINNESOTA ) COUNTY OF ANOKA ) OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) I, Debra A. Skogen, 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 subdivision 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 Fridley, Minnesota, in the County of Anoka on the ';�"n day of T•� , 2013 DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 Debra A. Skogen, City Clerk ;;"' ` � .�,�,i Y , ;p; ,, d � . ..l..I . . . _ . e.t.:: , (S�EA�) . �� . � '�'+''�,r'r` .,; � � sk✓� �... °} : F,• r`` ? �, �;: � RESOLUTION NO. 2013-29 A RESOLUTION APPROVING A SUBDIVISION,LOT SPLIT,LS#13-01, TO CREATE A BUILDABLE SINGLE FAMILY LOT, GENERALLY LOCATED AT 925 MISSISSIPPI STREET WHEREAS, the Planning Commission held a public hearing on the Lot Split, LS #13-01, on May 15, 2013 and recommended approval based on meeting the minimum requirements set forth within the zoning code of the R-1, Single Family zoning district; and WHEREAS, the City Council at the June 10, 2013 meeting approved the Lot Split request; and WHEREAS, such approval was to create an additional single family home lot within the R-1, Single Family zoning district,based on new legal descriptions which read as follows: The North 117.00 feet of Lot 9A, Auditor's Subdivision No. 21 (2°d Revision) City of Fridley, Anoka County, Minnesota That part of Lot 9A, Auditor's Subdivision No. 21 (2na Revision),lying southern of the North 117.00 feet thereof, City of Fridley, Anoka County, Minnesota WHEREAS, the City has received the required Certificate of Survey from the petitioner, showing the proposed new legal descriptions and it is attached as Exhibit B; and WHEREAS, the City has approved Lot Split, LS#13-01 with 5 stipulations as outlined in Exhibit A; and NOW, THEREFORE,BE IT RESOLVED, that the City Council of the City of Fridley approves lot split, LS #13-01 and directs the petitioner to record this Lot Split at Anoka County within one-hundred eighty (180) days or said approval shall become null and void. PASSED AND ADOPTED BY THE CIT'Y COUNCIL OF THE CITY OF FRIDLEY THIS 10� DAY OF JUNE 2013. ,��,�` .`� SCOTT J.L - MAYOR ATTEST: �� DEBRA A. SKOGEN- Y CLERK Resolution No. 2013-29 Page 2 EXHIBIT A STIPULATIONS FOR LS#13-01 l. All necessary permits shall be obtained prior to construction on new home. 2. Grading and drainage plan to be approved by City's engineering staff prior to the issuance of any building permits, in order to minimize impacts to the sunounding properties. 3. Property owner, at time of building permit application, shall provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 4. Properly owner, at time of building permit application for the construction of the single family home, shall pay $750.00 required park dedication fee. 5. Property owner at time, of building permit application for the construction of the single family home, shall pay ali water and sewer connection fees. '��;M61V11 �.�\J. LY IV L'�/. �,i � � � I ' A PROPOS£D SUHDIVISION FOR SHERMER HOMES. �t172�L/40 � QT410C[UEE1, J12C. � �....r-�----.-""�.,,,,,,,_ „�__.. ✓ PRpFES510NALLAND SURVEYORS DESCRIPTION: I.ot 9A� Alld1COr�5 Subdivision No. 21 qNDLANDDEVEIOPMEN7CON5ULTANTS (2nd Revisiony, City of Fridley, Anoka County, Mn, (763)421-9126 13621 V�NEWOOD LANE DATTUN.MN 557t' PROPOSED DESCRIPTIONS FOR Revision. The North 117.00 feet of Lot 9A, A�ditor's Subdivision No. 2 EXHIBIT B (2nd Revision) City of Fridley, Anoka County, Minnesota That part of Lot 9A, Auditor's Subdivis:on No. 21 {2nd Revision), lying southerly of ttie Nor,th ��7.00 feet thereof. Topoqraphy as shown is from the City Records. � v, _— \ [xx.x) Denotes Proposed Finnl Orsdas. �l/� / / /// � \ � D \ �- -� �.. I O D. _ _._.,, ; �, ` ��. .. � : �°� G G� f}'+'� o'I a � �---�-� -__— �-i T/t� ��o ii�'��. � �i � � � � � -- � t�!-�o�e r�17� •� �--�. f \ ;� � \� . �' i �` ' .. _�:�._:_i { 1J7� ` �a �.`I-�,^_.V�7 _ ' �__.. � DJ`� n (?,1✓� � ^�- --'�',�� _� � 1 � �o' / O.77-- -•.Q��" � d ) � { ..,\ � �,�� i � � �_ r- � �` � � .. , _.� , � � ' ��,U. s� � . . � / 1, �D, , � ) / � / ` � 1 I �+ � � E� (► � � ; . JI 0 / ' � ' h � � --- �- � � o , ,,,, r--- � i � � N i �l , i �i � � i . '; �n� � \ •�� ---- .�..q(� ... '\ � �� - /O O.0 � ; � .- ��'/ /f S/ S';f / /��'' ✓ ' ,5�• � �''�. .,, � - • M . I hereby cerCify that this Proposed Subdivision was przpered ::. ! me or under my direct supervision and that I am a c�a:y Licensa: � erofessional Land Surveyor under the laws of thc st�cc- of ' MinneSota Dated�/April 10, 20t3. , � ,BY ' �•�y,� iC u �t,D , Minnesota License No. �:'�c" � _�'�OI�_� C'Ol�V'1'�� '�11'��I:SO'1'.1 , • , , * � Docum�nt I�u.: 2UE�1 ]02.UU�4 .11�5"l�ll_1C'1 l }��r��l�� crlil�� lliat th� »�ithii� instnm�c:nt ��<« lil�cl in tl7is • ot�ica f��r rzcord on: OEi l 2�2013 :i:l R:O0 P'�1 Fees��Talas In the _�mc>unt uf $�46.U0 10Nl�;LL :�1. 5:��'1�ER .��oka C'�ount�� Prop�i-t�� "I'a� .adininistratu�•-Re��order It��istr�ir ui'Titl�s CC,rI�, Dzputy Rzcurd ID: 2GlU>KK ��srs��atian�o. 20�3-2� ��g�2 ��I�':1 �ll�'�I��I��'�lt_Y.�.#�3�� i. 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'��,�'�+ f�f'� �I"�'EST: � - s �� °� ,� ��-,: t �.��-�.� >; ...........�................__....._ .._ ...�., D�I�� . S�{��EI�T�-C�� +:>��;�'.� Permit No. : �2013-02359* CITY OF FRIDLEY DATE ISSUED: 11/OS/2013 6431 UNIVERSITY AVENUE NE FRIDLEY,MN 55432 763 572-3604 FAX: 763 502-4977 ADDRESS : 6525 ABLE ST NE PIN : 133024230074 LEGAL DESC : AUD SUB NO 021 (2ND RE� : LOT 9A BLOCK 1 PERMIT TYPE : BUILDING PROPERTY TYPE : RESIDENTIAL CONSTRUCTION TYPE : NEW CONSTRUCTION VALUATION : $ 225,200.00 NOTE: SEE NOTATIONS ON PLAN. CALL GOPHER STATE ONE AT 651-4540002 FOR UTILITY LOCATIONS. PROVIDE CITY WITH VERIFYING SURVEY BEFORE CAPPING. SEWER AND WATER LOCATIONS AVAII.f1BLE FROM CITY ENGINEERING DEPARTMENT. PROVIDE F�ARD SURFACE DRIVEWAY. PROVIDE SOD IN FRONT AND SIDE YARDS. CONSTRUCTION IN THE CITY IS iJNLAWFUL EXCEPT BETWEEN THE HOURS OF 7:00 AM AND 9:00 PM,MONDAY THROUGH FRIDAY AND BETWEEN THE HOURS OF 9:00 AM AND 9:00 PM ON SATURDAYS.NO WORK IS ALLOWED ON SUNDAYS OR ANY LEGAL HOLIDAY iJNLESS AN ALTERNATE WORK HOUR PERMIT HAS FIRST BEEN ISSUED. NEW HOME CONSTRUCTION APPLICANT BUILDING PERMIT FEE 1,699.35 PLAN CHECK F'EE 1,104.58 SHERMER HOMES INC FIRE SURCHARGE 225.20 13691 BALSAM LN N STATE SURCHARGE,BLDG VALLTE 112.60 STE C DAYTON,MN 55327- LICENSE SURCHARGE 5.00 (763)421-4688 SAC CHARGE 2,435.00 Minnesota State License#:BC009401 TOTAL 5,581.73 Payment(s) OWNER CREDIT CARD 8774 5,581.73 SHERMER HOMES INC 6525 ABLE ST NE FRIDLEY,MN 55432- AGREEMENT AND SWORN STATEMENT This permit becomes null and void if work or construction authorized is not commenced witin 180 days or if construction or work is suspended or abandoned for a period of 180 days at any time after work is commenced. I hereby certify that I have read and exarnined this application and know the same to be true and correct. All provisions of laws and ordinances governing this type of work will be complied with whether specified herein or not. The granting of a permit does not presume to give authority to violate or cancel the provisions of any other state or local law regulating construction or the performance of construction. Applicant Date Bldg Insp Date