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LS 94-01 1. CITY OF FRIDLEY � 6431 UNIVERSITY AVENUE N.E. � FRIDLEY,MN 55432 (612)571-3450 COMMUNITY DEVELOPMENT DEPARTMENT LOT SPLIT APPLICATION FORM PROPERTY INFORMATION - site plan required for submittal; see attached Address: `_� `� ��a ��—�� S`c � �'" r-� . �� . : Property Identification Number(PIN) Legal description: Lot �c- �b Block � � TracdAddition ��•t��.�-� ,�;.� `.. T��t,, i ._ ��t c.�r,�� .�� ..� Current zoning: � - 3 Square footage/acreage '3 3 �lT S`� ,� Reason for lot split: �"� ;c � n ; : �... � �� 5 Have you operated a business in a city which required a business license? Yes No �. If yes, which city? If yes, what type of business? Was that license ever denied or revoked? Yes No FEE OWNER INFORMATION (as it appears on the property title) (Connact Purchasers: Fee Owners must sign this form prior to processing) NAME ('�� F/��Yc � €�� •� �� t� �r< < �� C� ADDRESS � 2 � - �71n �� V�-�'"� `-� r�� ti.� � .� DAYTIME PHONE �'1 Z. -- � � � '� � . SIGNATURE C� i�,.��- `� � �1,1�e., �.. - DATE '� -- � �' `i �� PETITIONER INFORMATION NAME ADDRESS DAYTIME PHONE SIGNATURE DATE Fee: $250.00 Peimit L.S. # q'� -O � Receipt# �3(�I Application received by: Scheduled Planning Commission date: � ' ' ' �� Scheduled City Council date: CITY OF FRIDLEY PL�N RSnZEN CftECRLIBT B. Site Plan: Applicants for vacationa must submit the legal description of the parcel (easement, street, etc.) to be vacated. 1. Property line dimensions, location of all existing and proposed structures with distance from boundaries, Complete site plans, signed by a registered architect, civil distance between structures, building dimensions and engineer, landacape architect, or other desiqn professional, to floor elevations include the following: 2. Grading and drainage plan ahowing existing natural A. General: features (topography, wetlands, vegetation, etc.) as well as proposed qrade elevations and sedimentation and storm 1. Name and address of project water retention ponds. Calculations for storm water detention/retention areas. 2. Legal description (certificate oP survey may be required) 3. All existing and proposed points of eqress/ingress ]. Name, address, and telephone number of applicant, showinq widths of property lines, turning radii abuttinq enqineer, and owner of record rights-of-way with indicated center line, paving width, - existing and proposed median cuts, and intersections of 4. Date proposed, north arrow, scale, number of sheets, name streets and driveways of drawer 4. Vehicular circulation system showinq location and 5. Description of intended use of site, buildings, and dimensions for all driveways, parking spaces, parkinq lot structures including type of occupancy and estimated aisles, service roads, loading' areas, fire lanes, occupancy load emergency access (if necessary), public and private streets, alleys, sidewalks, bike paths, direction of 6. Existinq zoninq and land use traPfic flow, and traffic-control devices 7. Tabulation box indicatinq: 5. Landscaping Plan (i) Size of parcel in sq. ft. 6. Location, access, and screening detail of trash enclosures (ii) Gross floor area of buildings 7. Location and screening detail of rooftop equipment (iii) Percent of site covered by buildinq 8. Building elevations from all directions (iv) Percent of site covered by impervious surface 9. Utility plan identifying size and direction of existing (v) Percent of site covered by green area water and sewer lines, fire hydrants, distance of hydrant to proposed building (vi) Projected number of employees (vii) Number of seats if intended use is a restaurant or place of assembly (viii) Number of parking spaces required (ix) Number of parking spaces provided including handicapped (x) Height of all buildings and structures and number of stories 4 _ CITYOF FRI DLEY FRIDLEY MUNICIPAL CENTER •6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 • (612)571-3450• FAX (612) 571-1287 June 10, 1994 TO WHOM IT MAY CONCERN: The City of Fridley Planning Commission will be holding an informal hearing on a lot split, L.S. #94-01, by Charles Westling, to split Lots 6 - 16, Block 12 , Hamilton's Addition to Mechanicsville into two separate lots, generally located at 5400 - 4th Street N.E. The legal descriptions for the two lots are as follows: Tract A: Lots 6, 7, 8, 9, 10, 11, 12, and 13 , Block 12, Hamilton's Addition to Mechanicsville, Anoka County, Minnesota, except that part lying westerly of the east right-of-way line of State Trunk Highway No. 47 (University Avenue N.E. ) Tract B: Lots 14, 15, and 16, Block 12 , Hamilton's Addition to Mechanicsville, Anoka County, Minnesota, together with that part of vacated 54th Avenue N.E. and the vacated alley accruing, except that part lying westerly of the east right- of-way line of State Trunk Highway NO. 47 (University Avenue N.E. ) Any and all persons desiring to be heard shall be given an opportunity at the Planning Commission meeting on Wednesday, June 29, 1994 at the Fridley Municipal Center, 6431 University Avenue N.E. at 7 : 30 p.m. Any questions related to this item may be referred to the Fridley Community Development Department at 571- 3450. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than June 22, 1994. DAVID NEWMAN CHAIR PLANNING COMMISSION . :.. Planning 6/ 10/94 L.S. 4�94-01 Charles Westling MAILING LIST Council Charles Westling Current Resident Harlan King 125 - 76th Way N.E. 5410 - 5th Street N.E. 5436 - 5th Street N.E. Fridley, MN 55432 Fridley, MN 55421 Fridley, MN 55421 Darrell Koopman Neil Schuldt Current Resident 5397 Altura Road N.E. 2634 - 116th Avenue N.W. 5428 - 5th Street N.E. Fridley, MN 55421 Coon Rapids, MN 55433 Fridley, MN 55421 Thomas Commers Current Resident Jain Pankaj 5337 Altura Road N.E. 5400 - 5th Street N.E. 5430 - 5th Street N.E. Fridley, MN 55421 Fridley, MN 55421 Fridley, MN 55421 Gerald Baker Samuel Hertogs James Peng 5347 Altura Road N.E. 999 Westview Drive 6 West Logan Fridley, MN 55421 Hastings, MN 55033 West St. Paul, MN 55118 Richard Motter Current Resident Elroy/Rinehart Kurtz 5357 Altura Road N.E. 5401 - 4th Street N.E. 5420 - 5th Street N.E. Fridley, MN 55421 Fridley, MN 55421 Fridley, MN 55421 Paul Corbett James Weatherly Stephen Lischalk 5367 Altura Road N.E. 5114 Nicollet 5357 - 4th Street N.E. Fridley, MN 55421 Minneapolis, MN 55419 Fridley, MN 55421 Walter Olstead Current Resident Larry Nelson 5377 Altura Road N.E. 5400 - 4th Street N.E. 5323 - 4th Street N.E. Fridley, MN 55421 Fridley, MN 55421 Fridley, MN 55421 Michael Schroeder Current Resident Current Resident 5387 Altura Road N.E. 5419 - 4th Street N.E. 5339 - 4th Street N.E. Fridley, MN 55421 Fridley, MN 55421 Fridley, MN 55421 Douglas Fiege John Jensen ��ohn Prebarich 5461 - 4th Street N.E. 6070 - 6th Street N.E. �� 10704 - ] lth Avenue North Fridley, MN 55421 Fridley, MN 55421 Plymouth, MN 55441 Violet Butgusaim Steven Smith Current Resident 5459 - 4th Street N.E. 5423 - 4th Street N.E. 5347 - 4th Street N.E. Fridley, MN 55421 Fridley, MN 55421 Fridley, MN 55421 Deborah Hobson Joseph Vasecka Duane Schwartz 5457 - 4th Street N.E. 5427 - 4th Street N.E. 2525 - 118th Avenue Fridley, MN 55421 Fridley, MN 55421 Coon Rapids, MN 55433 Patricia 0'Bannon Current Resident Curtis Lindberg 5455 - 4th Street N.E. 5450 - 5th Street N.E. 5353 - 4th Street N.E. Fridley, MN 55421 Fridley, MN 55421 Fridley, MN 55421 LuRoy Krumweide Richard Tkaczik Current Resident 5435 - 4th Street N.E. 12323 Gladiola N.W. 5380 - 5th Street N.E. Fridley, MN 55421 Coon Rapids, MN 55433 Fridley, NIN 55421 � !� L.S. ��94-01 Charles Westling Page 2 Current Resident Current Resident 5370 - 5th Street N.E. 5330 - 4th Street N.E. '�. ridley, MN 55421 Fridley, MN 55421 �)'� ugene Welter Herbert Ledo �.,� 5704 - 56th Avenue North 5326 - 4th Street N.E. Minneapolis, MN 55429 Fridley, MN 55421 Michael Anderson 5360 - 5th Street N.E. Fridley, MN 55421 Steven Soderholm Planning Comm. Chair 5336 - 5th Street N.E. Fridley, MN 55421 City Council Members Current Resident 5333 University Avenue N.E. Fridley, MN 55421 Jerome Schurstein 1102 - 43 1/2 Street N.E. Fridley, MN 5542 ] Current Resident 5384 - 5th Street N.E. Fridley, MN 55421 Eugene Wright `,4_ 1848 Pumice Point � Eagan, MN 55122 Joyce Zimmerman 5380 - 4th Street N.E. Fridley, MN 55421 Richard Kappes 3129 Webster Avenue Minneapolis, MN 55416 Current Resident 5370 - 4th Street N.E. Fridley, MN 55421 Thomas Zandlo 5334 - 4th Street N.E. Fridley, MN 55421 Homer Melton 5334 - 4th Street N.E. Fridley, MN 55421 � _ CITYOF COMMISSIONYAPPLICATION REVIEA FRIDLEY --------------------------------------------------------------------------- --------------------------------------------------------------------------- File Number File Date Meetinq Date 28 6/3/94 6/29/94 --------------------------------------------------------------------------- --------------------------------------------------------------------------- File Description: L.S. ��94-01 , by Charles Westling, to split Lots 6 - 16, Block 12, Hamilton's Addition to Mechanicsville into two separate lots, generally located at 5400 - 4th Street N.E. --------------------------------------------------------------------------- --------------------------------------------------------------------------- Complete Review Checklist and Return To The Community Development Department ' *** Comments *** /n� Barbara D. � , � ----�— i � Michele M. J� �� _...�� --r1�`'"�c. lR,�� I�CG-r��E� � ,,.. 1r � Vu,�i�r;,.�cZ� , fz- /( ., _ _ .. �L�-�� . SCott E � ` d 1 y i,��.-� �.��ti�-- ��.� C��s i ,�<<�� tit�x �.<l ��, . , . - � cn, �:.d•:, ��.,.r�-,-�.'�, `- ��-,�.�.-e��f-i�,� ,� l' � �J l„yr i"�� ,�j',, G L i�li,�y� (�i•• f' 7 John F. / � �� ,,cJr /d r� ✓✓ �'�^- �u� -�zrryl or� o�.�, J o h n P. � �`�"'�`� V °�w C�Gtr�+:�,.�.�L. 1' � , �d '�� -_��-�c�� - r-��.�5 �,�"Tr�%� �'�x.r1� Clyde M. �j � � / C°�2�.�� 2 ��a7�'�!y �ir�� .,��e � / ' Leon M. ��' �� '' � � Dave S . O ; Dick L. �` cz:��' - _ C��OF FR!DLEY FRIDLEY MUNICIPAL CLNTER •64�1 UNIVERSI'fY AVF,. N.E. FRIDLEY, MN 55�332 • (6121 571-3�}50• FAX (612)S71-122i7 May 24 , 1994 Charles Westling 125 - 76th Way N.E. Fridley, MN 55432 Dear Mr. Westling: I reviewed your lot split application with my supervisor, Barbara Dacy, Community Development Director. She recommended that you submit a site plan showing the proposed four-plex and the location of the garages as part of the lot split application. As the property is a double-fronted lot, we must also apply the setbacks to the University Avenue frontage. A 35 foot setback on both the University Avenue and 4th Street portions of the property would be applied. What remains is a 42 ' x 110' triangular buildable area. If there are variances which need to be processed, it would be prudent to process them concurrently so that both the lot split and variances are completed in a timely fashion. I have enclosed a drawing showing the buildable area for your review. I have also enclosed a variance application and a schedule for your use should it be required. In addition, I neglected to collect the $250. 00 lot split application fee with your application. Please submit this application fee as soon as possible so that we can continue to process this application. Please note that the variance application fee will be $60. 00. Both fees are nonrefundable. If you have any questions or concerns regarding these items, please contact me at 572-3593 . Sincerely, Michele McPherson, BLA Planning Assistant MM/dn C-94-141 o �. � � � .,�._. �.� � -� �7 u ��._,� c,,' - I +.: H 1 �0 N \�� ,� 9L'�0� — � - -- .._..,..�_.,...._.. ...:_ � �i. � i-- _ y--- � � , . . ', � � , � � _ U> � _� ----- �� c�� _ � . - d_ "� = iz �,-: � ��N�� _ � � ' � � � � - � ��, - � � � ,�. � b"��H _., o \._.._ � — � ` i y; ��ti , _ �....� � S� _ �' � �` -. S �' �Z '=L. _ - o "!,^�-�,,,,, (n Gi� iX` M z� ��SJ, \ ._ ��,�, ; - , ,� �, ,, 9 ` ��/-i�� £'°�� ''N,�y� .W : .. J y �`r S � �� N � � n � � _�� niN �1 � L -� '� N [� Community Development Department � PLA,NNING DIVISION City of Fridley DATE: May 26, 1994 TO: Virgil Herrick, City Attorney FROM: Barbara Dacy, Community Development Director SUBJECT: Potential Lot Split Application at 5400 - 4th Street N.E. The property owner at 5400 - 4th Street N.E. has submitted a 1_aE-. split application to subdivide a 3 , 484 square foot parcel into two parcels. The proposed subdivision line is along one of t.h� existing previously platted lot iines. Each lot would result: i; lot areas which exceed the minimum lot area requirements in the R-3 , General Multiple Family Dwelling district. Of concern, however, is the northerly parcel. Although 18, 000 square feet �� area, it is triangular in shape and any potential building on tr;_e� parcel would necessitate some type of setback variance. i< My questions are as follows: l. Does the City have authority to require the property own�r to process a lot split/subdivision request? - 2 . If municipal subdivision approval is not required, can the City sustain a denial of the variance without sustaining a taking claim? In other words, would the City Council be forced to grant the variances? I have attached a copy of the survey. Please contact me or Michele McPherson if you have any questions. We would like to try to call the property owner with a response by June 3 , 1994 . BD/dn M-94-280 L.S. ��94-01 ' Charles Westling � ��•- - '- -�- i � � _ _ f �_`_._�� , _i_ �' r b �-Jf'-� � i � , -� '� � �- . f--=-- -.i' ---f '-�--�� -'- �� I -�� --��-- -� � 1 ` -- ��-� -=i I� r .-_ --8 �_i �.? � , i' � l�� ---_- --- 1., -�- � I-,,�� --- �--- -� � , 9 . .�'� : I ' • �_-L_�� --*cT— ---ti— __ \y —_--1 r '�— . � �',., , '': ,,' I, _,1_�t 9'r-�� ----- ��• �rl� . 2z _ --- _ �f� . - , :; - , -�— ,. r. �-.---��;--- � � . i �--'=�-=�I-== � 1--7�-' �r-�so t :' ,, -_�i � : �-��- � � --=�- Ir),��=' �-- ' �,� � � � _,..; ,, _._- , � `I �7—� i_ I k' `�--� � -- � r�°+r _ � i i :; `�,�a_ ��i 1 �s', �—: � .i ;•i�o1 : ----� �I:� _—.,.;1 . 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AVENUE• N.E. Zf DISTRICT LEGEND �" — ��• - �n p-7 ONE FAMILV OW6'S ❑ M-1 LIGHT INDUSTNIAL Q .«: _ _ R-2 TWO FAMILV DWG'S 0 M-4 NEAVY INDUSTRIAL � • /��I N-3 GEN.MULTIPLE OWG'S 0 PUD PLANNED UNIT DEV. � ••� R-t MOBILE HOME PANK � 5-1 NYDE PAPK NEIfiHBORNOOD ❑ �,� - V PUBLIC FACIIITIES � S-2 REDEVELOOMENT DISTRICT � � � ,a ; ��_ � _. � C-1 LOCRL BUSINESS � O-1 CREEK 8 RIVER PRESERVATION � •�e• � �- '�� 1 C-2 GENERAI BUSINE55 � O-2 CPITICAL AREA � 515 � s _ C-7 CENERAL SHOPPING � _�► ■ — ' � C-N7 GENERAL OFFICE 0 VACATED STNEETS sF ZONING MAP� L.S. 4�94-01 �, �, Charles Westling �� . ' �/ i ;� �. � � �� , � 60 i �`� n U Z � � �� I w �� II Z � ! � ---� . ----- j � � ti M 0 . ;�.. � W h �, > � TRAE�- A-- ' Q M �8,047 sq. ft. f— , , s' ' � . W , o n, ' W , � �` o�' __. ... � �Q � - -f-�----�-- M � , ; cn z,w . _.. � � � � r ,� � ' W j � ----�-�-��-- -- � i � p / � / � I N Z ; � I = SOUTH �I NE.LOT 13 i L � z � N88°38�35��W 118.86 - _ ' � ` � , ' , ai.i ti.i �N N I� � .. 3 . 5.0 I . HOUSE ��•3 ; r-- .. _--_ — - _ -- � - - ---- I � 40.8 5.0 0 , n• � o � tRACT B - "� � �� N� '� �� , 15,437 sq. ft N ', /. ' N _____'_' _' -'__'__ _ .. � d ARAG a Y A� N 24.2 N . • V� �-; / � 54th AVENUE NE ;,� �i �N88° 38�35��W --- 161. 90 - � � /FENCE' � �a t'� AV E . O E � r IV � � � - _ - ---- -_ _ - -______. _ _.__ j � �2 �- � I sH SITE PLAN L.S. ��94-01 Charles Westling � : � ;" � . _ _. . o! � � _ N . � T , ,. , �' � � i —�' 6 0 � � ' i - i' � __ _ � ,� c� �< � � I `` /- _ - - -- - a / � �� -� � � i� � , � � ti j � 0 � � � � � � � � � .� � �� , , M :' �^ T. A�- �,�� _ _ "''�' � '�, 7 Sq.;�ft. f— � � ° ; w , � � W , �, . � �� , � .._ .-_. ._. � � � � � � r� � � � , - � � � � i � ; �- � � �.__ . � � ��t _ _ � � � � o � h ,L � p �t/ Z Z ' h SUUTN LI N E LOT I 3 ��, t � , �.,� ,�� N 88°38� 35��W - I I 8.86 - _ r � �� , � � � ' 4I.I � � � �� -i � � i � •. —� ,I� 1.:.. N �. , ., � �� _�� 35.6___..._�� 5.C) � . 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I�E � ------ -_- ____ ____ ------ - - `J I_ i I 2 J � � � L.S. ;;`94-01 Charles Westling , � . � �� ' � ,, ,, N �,� , T ; ,, ; / , , i �. �' 6 0 � / — i i � � ; , — ; � ,� / c� '� � _ �/ . , �, 1 ; � ' / -- - - ---- � � i �� -r � - - !i. J \ r �� . � ti �:. .:; / � ;�s:,�,:� - o /� _,� �, ;� - � h c \ ' � �,./_�� ---�- -� - �,, �" � '�, 7 Sq._-fr. E— � , � ; - (� , � `v W r>. � .. ' �" _ _ �: ` � � � ' '-- i� ,� � r_ --�' h7 � � — � �7 � . � \ � _ � � �� fi � - ,r�� c _ � ., � ;� , �� ,- ? , Z � SUUTN �I N E LOT 13� �:, L ' �� r f`J 88°38�35��W I I 8.86 - ' � � ' . � 4i.� � i� = t 'M � <.� N: �_ 'r,; , ,xJ 1.t 35.6 �nl 5 C� � � u> 0`1�� s� SITE PLAN � STAFF REPORT � Community Development Department Appeals Cocninission Date Planning Cominission Date � June 29, 1994 City Council Date � July 25, 1994 APPLICATION NUMBER: L.S. #94-01 PETITIONER• Charles Westling LOCATION• 5400 - 4th Street; northwest corner of the intersection of 54th Avenue and 4th Street. REQUEST• � Split one parcel into two residential lots. ANALYSIS• Project/Parcel Description The subject parcel is composed of 10 platted lots, minus the portion taken for highway purposes for the I-694 entrance ramp. The lots are combined into one PIN number. Located on the parcel is a single family dwelling and a detached garage. An old foundation is also located on the property north of the existing structures. There are a number of large mature trees located on the property. The property is zoned R-3, General Multiple Family Dwelling. The petitioner is proposing to split the lot on one of the existing platted lot lines. Typically, this would be handled administratively as a division. However, due to the unique shape of the lot, variances will be required as the petitioner proposes to construct a four-plex on the vacant portion of the lot. The City Attorney advised staff that as variances are required, the lot split and variance process should be pursued by the petitioner. District Requirements The R-3 , General Multiple Family District allows one, two, and multiple family dwellings as principle uses. For one family dwellings, the R-1 District requirements must be met. The lot 6\.r Staff Report L.S. #94-01, Charles Westling Page 2 split will create a separate parcel 15,437 square feet in area and 110 feet wide for the existing single family dwelling. This meets the minimum requirements for the R-1 District. The setback requirements are also met. The vacant parcel has a lot area of 18, 047 square feet and a lot width of 303.76 square feet. Both meet the minimum requirements for the R-3 District. The parcel is shaped like a 30-60-90 right triangle, which leaves a small buildable area after the setbacks are applied. The lot is double-fronted because of the I-694 right-of-way, therefore a 35 foot setback is required for both the front and rear yards. The petitioner has submitted site plans for both a single family and multiple family dwelling. The single family dwelling can be constructed on the parcel without variances. The petitioner, however, wants to construct a four- plex, which will require a variance for the garages as well as a portion of the dwelling. Approval of the lot split should be contingent on approval of the variance request. **8tipulation** Variance Request, VAR �94-10 shall be approved. Access and Utilities The parcel has access onto 4th Street. A curb cut is located on the southern portion of the vacant parcel. It does not appear that the petitioner will be able to utilize this curb cut for the proposed garages. The petitioner will be required to replace the curb cut when a new one is constructed. **stipulation** The petitioner shall replace the existinq curb cut when a new curb cut is installed. Sewer and water services have been stubbed to the property line for the vacant parcel. The petitioner will be required to pay Sewer Availability Charges (SAC) at the time of the building permit. The petitioner should verify with Metropolitan Waste Control the exact amount of the fee. **Stipulation** SAC fees shall be paid at the time of buildinq permit issuance. Gradinq and Drainaqe The petitioner did not submit a grading and drainage plan as part of the lot split application. The petitioner will be required to submit such a plan prior to the issuance of a building permit. The grading plan should show the existing and proposed topography, the location of the existing trees, indicating which ones will be preserved, and spot elevations for the drainage. An erosion control plan may be required. A decision regarding the erosion control will be made based on the grading plan submitted. 6D Staff Report L.S. #94-01, Charles Westling Page 3 **Stipulation** The petitioner shall submit a qradinq and drainaqe plan prior to the issuance of a buildinq permit. Park Fees The subdivision ordinance requires the payment of park dedication fees. The fee will be $750. 00, to be paid at the time of the building permit. **Stipulation** A park fee of $750.00 shall be paid at the issuance of a buildinq permit. Liqht Rail Transit The subject parcel has been included in the preliminary Light Rail Transit plans as a potential park and ride site. The petitioner has been made aware that Anoka County is looking at the subject parcel for that purpose. Anoka County continues to be responsible for LRT planning activities. RECOMMENDATION/STIPULATIONB: Staff recommends that the Planning Commission recommend approval of the request with the following stipulations: 1. Variance Request, VAR #94-10 shall be approved. 2 . The petitioner shall replace the existing curb cut when a new curb cut is installed. 3 . SAC fees shall be paid at the time of building permit issuance. 4 . The petitioner shall submit a grading and drainage plan prior to the issuance of a building permit. 5. A park fee of $750. 00 shall be paid at the issuance of a building permit. PLANNING COMMI83ION ACTION The Planning Commission voted unanimously to recommend approval of the request to the City Council as recommended by staff. CITY COUNCIL RECOMMENDATION Staff recommends that the City Council concur with the Planning Commission action. 6E �� Community Development Department � PLANNING DIVISION City of Fridley DATE: July 21, 1994 TO: William Burns, City Manager �� FROM: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant SUBJECT: Resolution Approving a Lot Split Request, L.S. � #94-01, by Charles Westling; 5400 - 4th Street N.E. The Planning Commission conducted an informal hearing regarding the lot split request at its June 29, 1994 meeting. The request is to split a triangular parcel located at the intersection of 54th Avenue and 4th Street into two parcels. The Commission voted unanimously to recommend approval of the request to the City Council with the following stipulations: 1. Variance request, VAR #94-10, shall be approved. 2 . The petitioner shall replace the existing curb cut when a new curb cut is installed. 3 ., SAC fee shall be paid at the time of building permit issuance. 4 . The petitioner shall submit a grading and drainage plan prior to the issuance of a building permit. 5. A park dedication fee of $750. 00 shall be paid at the issuance of a building permit. At the Appeals Commission meeting (see next item on agenda) , the resident across the street wanted "No Parking" signs installed along 4th Street. Staff advised her to bring in a petition from other neighbors consenting to this request. Separate City Council action would be required. MM/dn M-94-363 � �s PLANNING COMMISSION MEETING, JUNE 29, 1994 PAGE 25 Mr. Newman asked Mr. Sielaff if he would agree to wit aw his second of the motion. Mr. Sielaff stated he was uncertain if he wan to withdraw his second. Being that the maker of the motion ad agreed to withdraw his motion but the seconder had not a ed to withdraw his second, the Chairperson called for a vote the motion. UPON A VOICE VOTE, RONDRI , SIELAFF, AND SABA VOTING AYE, NEWMAN AND OQUIST VOTING NA CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED BY A VOTE O 3-2. Ms. McPherson ated staff will prepare this item for review by the City Co cil on July 11, 1994 . At that time, the Council will consider e Commission's recommendation for an EAW. Cha � erson Newman declared a 15 minute recess at 10: 15 p.m. hairperson Newman reconvened the meeting at 10: 30 p.m. 2 . CONSIDERATION OF A LOT SPLIT L.S. #94-01, BY CHARLES WESTLING: To split Lots 6-16, Block 12, Hamilton's Addition to Mechanicsville, into two separate lots, generally located at 5400 - 4th Street N.E. The legal description for the two lots are as follows: Tract A: LOtS 6� 7� 8� 9� 10� 11� 12 , and 13� BlOCk 12� Hamilton' s Addition to Mechanicsville, Anoka, Minnesota, except that part lying westerly of the east right-of-way line of State Trunk Highway No. 47 (University Avenue N.E. ) Tract B: Lots 14 , 15, and 16, Block 12 , Hamilton' s Addition to Mechanicsville, Anoka County, Minnesota, together with that part of vacated 54th Avenue N.E. and the vacated alley accruing, except that part lying westerly of the east right- of-way line of State Trunk Highway No. 47 (University Avenue N.E. ) Ms. McPherson stated the subject property is located at the intersection of 54th Avenue and 4th Street. The property abuts the I-694 right-of-way and the entrance ramp to eastbound I-694. The property is zoned R-3, General Multiple Dwelling. Ms. McPherson stated this request is somewhat unusual in the fact that the subject property is composed of Lots 6 through 16, Block 12 , in Hamilton' s Addition to Mechanicsville. The proposed lot split is actually occurring along a previously platted lot line. However, due to the unique shape of Tract A (triangular in shape) , the buildable area is reduced because there is a 35 foot setback requirement from both 4th Street and the I-694 right-of-way. Typically, staff would handle this type of division administratively; however, the petitioner is interested in the PLANNING COMMISSION MEETING JUNE 29 1994 PAGE 26 construction of a four-plex on Tract A. Due to that construction, variances are required. The City Attorney advised staff that a variance request and a formal lot split request should be pursued by the petitioner. Ms. McPherson stated the petitioner has submitted a site plan for a single family dwelling unit for Tract A. It can meet the setback requirements; however, a four-plex would need setback variances from the I-694 right-of-way for a portion of the dwelling and for the proposed garages. Ms. McPherson stated the property has direct access onto 4th Street. There is an existing curb cut; however, the petitioner's site plan shows a driveway farther north from the existing curb cut, so a new curb cut will need to be created and the original one closed. Ms. McPherson stated sewer and water services are available to the site. The Sewer Availability Charge (SAC) will be required at the time of the building permit issuance. The Metropolitan Waste Control will verify that amount. Ms. McPherson stated the petitioner did not submit a grading and drainage plan. Such a plan will need to be submitted with the building permit application. The plan should show the topography, the location of the existing trees, indicating which trees will be preserved, and spot elevations for the drainage. An erosion control plan may be required. That decision will be based upon the submitted grading plan. Ms. McPherson stated there is a park dedication fee of $750 to be paid at the issuance of the building permit. Ms. McPherson stated this particular property was considered by Anoka County as part of the Light Rail Transit park and ride facility. The petitioner has been made aware of that. Ms. McPherson stated staff recommends that the Planning Commission recommend approval of the request with five stipulations: l. Variance request, VAR #94-10, shall be approved. 2 . The petitioner shall replace the existing curb cut when a new curb cut is installed. 3 . SAC fees shall be paid at the time of building permit issuance. 4 . The petitioner shall submit a grading and drainage plan prior to the issuance of a building permit. 5. A park fee of $750 shall be paid at the issuance of a building permit. 6L PLANNING COMMISSION MEETING, JUNE 29, 1994 PAGE 27 Mr. Charles Westling stated the only question he had was regarding stipulation #2 regarding the curb cut. He stated he intends to live in the four-plex if he gets approval to construct it. The one inconvenience he can see from moving out of his existing house with an attached garage is not being able to get near the building with the unattached garages being a little distance from the building. He was thinking of the possibility of using the existing curb cut and somehow spiraling a driveway through the front of the property and still make it look nice. Ms. McPherson stated the City has no policy that would prohibit that. She stated staff can work with the petitioner to develop a plan for the driveway that will look nice. Mr. Newman stated stipulation #2 only requires that the petitioner replace the existing curb cut when a new curb cut is installed. If he does not install a new curb cut, then he would not have to replace the existing one. Mr. Charles Schurstein, 1100 - 43 1/2 Avenue, stated he is the property owner of the property south of the subject property. The only question he has is the status of the vacated 54th Avenue going to the University Avenue easement. Is that part of their property now, or do the property owners need to petition to have that added to their properties? Mr. Newman stated that generally when an alley or street is vacated, it is divided equally between the two adjoining property owners. However, it does depend on how the property was originally platted. Ms. McPherson stated she would research this and get an answer for Mr. Schurstein. Mr. Schurstein stated that he has no objection to the lot split as requested by Mr. Westling. MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to recommend to City Council approval of lot split request, L.S. #94-01, to split Lots 6-16, Block 12 , Hamilton's Addition to Mechanicsville, into two separate lots, generally located at 5400 - 4th Street N.E. with the following stipulations: l. Variance request, VAR #94-10, shall be approved. 2 . The petitioner shall replace the existing curb cut when a new curb cut is installed. 3 . SAC fees shall be paid at the time of building permit issuance. 4 . The petitioner shall submit a grading and drainage plan prior to the issuance of a building permit. PLANNING COMMISSION MEETING, JUNE 29, 1994 PAGE 28 5. A park fee of $750 shall be paid at the issuance of a building permit. The legal description for the two lots are as follows: Tract A: Lots 6, 7 , 8, 9, 10, 11, 12 , and 13 , Block 12, Hamilton's Addition to Mechanicsville, Anoka, Minnesota, except that part lying westerly of the east right-of-way line of State Trunk Highway No. 47 (University Avenue N.E. ) Tract B: Lots 14, 15, and 16, Block 12, Hamilton's Addition to Mechanicsville, Anoka County, Minnesota, together with that part of vacated 54th Avenue N.E. and the vacated alley accruing, except that part lying westerly of the east right- of-way line of State Trunk Highway No. 47 (University Avenue N.E. ) UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. 3 . CDBG FUNDING RECOMMENDATION FROM THE HUMAN RESOURCES COMMISSION• Mr. Oquist stated the Commission had applications for a uple of new projects that the Commission was quite impre ed with-- Northeast Counseling Center and the CHAP Store. Bot rganizations service a lot of Fridley people. He would recomme the Commission concur with the Human Resources Commission's ecommendation for funding. MOTION by Mr. Kondrick, seconded by Mr. quist, to concur with the Human Resources Commission's CDBG fun ' g recommendation for 1994- 95 as follows: This Year's Amount Oraanization Request Recommended Alexandra House $ 4 , 500 $ 2,500 Arc of Anoka County $ 1, 400 $ -0- Central Center for Family Res urces $ 3 , 000 $ 1,000 CHAP Store $ 3 ,968 $ 3, 000 City of Frid ey Recreation $ 5, 000 $ 5,000 Community ergency Assist ce Program $ 3 , 000 $ 3, 000 Family ounseling Clinic Nor east $60, 000 $ 3, 000 Nor west Suburban Kinship $ 1, 500 $ 500 R. .S.E. $ 5, 000 $ -0- . Philip's Lutheran Church $ 3 , 000 $ 3, 000 amarisk $ 7, 735 $ 4 , 000 $98, 103 $25, 000 PON A VOICE VOTE, ALL VOTING AYE, CIiAIRPERSON NEWMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. 6N ?RIDLEY CITY COUNCIL MEETING OF JULY 25, 1994 PAGE 13 , 6. RECEIVE AN ITEM FROM THE PLANNING COMMISSION MEE ��NG OF JUNE 29 , 1994 • A. RESOLUTION NO. 58-1994 APPROVING A SUBDIVISION LOT SPLIT L.S. 94-01 TO SPLIT PROPERTY INTO TWO SE ARATE LOTS GENERALLY LOCATED AT 5400 FOURTH STREET N.E BY CHARLES WESTLING) : Councilman Billings asked that Council consider �fie next item which is a variance for this property before conside�ing the lot split. MOTION by Councilman Billings to table this i,tem until the variance request, VAR #94-10, is considered. econded by Councilman Schneider. Upon a voice vote, all voting,;�ye, Mayor Nee declared the motion carried unanimously. � 7. RECEIVE AN ITEM FROM THE APPF�ALS COMMISSION MEETING OF JULY 12 , 1994 • �� , A. VARIANCE REOUEST, VAR #94-10S�BY CHARLES WESTLING TO REDUCE THE FRONT YARD SETBACK FROM,� 35 FEET TO 5 FEET TO ALLOW THE CONSTRUCTION OF A FIVE CAR �ARAGE AND FROM 35 FEET TO 18 FEET FOR CONSTRUCTION OF A FOTr7�2-PLEX GENERALLY LOCATED AT 5400 FOURTH STREET N.E_ / � Ms. Dacy, Community Develo�ment Director, stated . that this is a request for two variance�r. She stated that the petitioner is proposing to split this p�rcel into two lots. She stated that the lot is "double-fronted; " two property lines abut public rights-of- way. She stated that he "rear" property line diagonally abuts I-694. Ms. Dacy stated th the Appeals Commission recommended approval of this variance w'th two stipulations, which she outlined. Councilman Billi gs stated that the Appeals Commission noted that there are five arages for the four-plex with one of the garages to be used for a shop. He stated that he does not have a problem with it being used for a shop as long as it is understood that it is a home w rkshop and not intended to be used for commercial purposes ot er than those purposes related to the four-plex. Ms. Dacy ated that the petitioner stated that the garage was for his home hobby, and he intended to live in the four-plex. She stated hat it was conveyed to him that this garage would be for his pe sonal use, and other permits would be needed if he intended to us this for a home occupation. Mr. Westling, the petitioner, stated that he currently resides at 12 76th Way, and now has a shop behind his garage. He stated that h makes woodworking items, and this garage would be exactly like e other except it would be insulated. FRIDLEY CITY COUNCIL MEETING OF JULY 25 1994 PAGE 14 Councilman Billings stated that from his calculations, ,:it would appear that a variance to four feet is needed. -� Ms. Dacy stated that if only one additional foot ' involved, she did not think changing this to four feet would contrary to the Appeals Commission's decision. � MOTION by Councilman Billings to gr t Variance Request, VAR #94-10, to reduce the front yard set ck from 35 feet to 5 feet to allow the construction of a five c garag��, and from 35 feet to 18 feet, for construction of a ur-plex, with the following stipulations: (1) Lot Split R uest, L.S. #94-01, shall be approved; and (2) the petition shall provide a hard surface driveway by June l, 1995. Sec ded by Councilman Schneider. MOTION by Councilman Bi "ings to amend Variance Request, VAR #94-10, by changing t wording to read: "to reduce the front yard setback from 35 fe to 4 feet for accessory buildings, and from 35 feet to 18 feet for dwelling structures along the westerly line to allow for th construction of a four-plex and a five car garage. Seconded b Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor ee declared the motion carried unanimo�.zsly. MOTION by Coun lman Billings to add an additional stipulation to Variance Req st, VAR #94-10, as follows: (3) any accessory buildings o the property are to be used for traditional residen- tial uses d, if one is used for a shop, that it is used for the maintenan e of the four-plex, a hobby, and other miscellaneous purpose , but not to be construed to be used for a home occupation. Second d by Councilwoman Bolkcom. Upon a voice vote, all voting aye, ayor Nee declared the motion carried unanimously. U N A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and .Mayor Nee declared the motion carried unanimously. 6. RECEIVE AN ITEM FROM THE PLANNING COMMISSION MEETING OF JUNE 29 , 1994 • A. RESOLUTION NO. 58-1994 APPROVING A SUBDIVISION LOT SPLIT L S. �94-01, TO SPLIT PROPERTY INTO TWO SEPARATE LOTS, GENERALLY LOCATED AT 5400 FOURTH STREET N.E. (BY CHARLES WESTLING) : Mayor Nee removed this item from the table. Ms. Dacy, Community Development Director, stated that this is a request for a lot split to split a triangular parcel located at the intersection of 54th Avenue and Fourth Street into two parcels. She stated that the Planning Commission recommended approval with five stipulations. Ms. Dacy stated that there was an issue regarding parking along Fourth Street brought up at the Appeals Commission meeting. She .,.�w FRIDLEY CITY COUNCIL MEETING OF JIILY 25 1994 PAGE 15 stated that at this meeting, the public was advised that if "no parking" signs are to be installed, this would be a separate action by Council. She stated that adequate parking is proposed on site for this four-plex. MOTION by Councilman Billings to adopt Resolution No. 58-1994, with the following stipulations attached as Exhibit A: (1) Variance Request, VAR #94-10, shall be approved; (2) the petitioner shall replace the existing curb cut when a new curb cut is installed; (3) SAC fees shall be paid at the time of building permit issuance; (4) the petitioner shall submit a grading and drainage plan prior to the issuance of a building permit; and (5) a park fee of $750. 00 shall be paid at the issuance of a building permit. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8 . RECEIVE AN ITEM FROM THE PLANNING COMMISSION MEETING OF JUNE 29 , 1994 • A. APPROVE CDBG FUNDING RECOMMENDATION FROM THE HUMAN SOURCES COMMISSION• AND RESOLUTION NO. 59-1994 AUTHORIZING AGREEMENTS B WEEN THE CITY OF FRIDLEY AND RECIPIENTS OF 1994-1995 F ERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS: Mr. Barg, Code Enforcement Officer, stated at the City received eleven applications for CDBG funds. He tated that the Human Resources Commission has submitted a rec mendation on the use of the $25, 000 of funding the City will r eive. Ms. Terrie Mau, Vice-Chair of th Human Resources Commission, reviewed those organizations reco ended for funding. She stated that Alexandra House served 111 eople in the Fridley area last year. She stated that Tamarisk esources works with people at home who have a terminal illness ather than having them in hospital care. She stated that the entral Center for Family Resources is expanding their adolescen groups, and their charges are based on a person' s ability to pay for services. Ms. Mau stated that North- west Suburban Kinship as volunteers that work with individual children similar to t Big Brothers organization. She stated that the Recreation Dep rtment' s funding is for scholarships for children participa ing in the after school recreational programs. She stated that . Philip' s is offering an after school program for children. e stated that the Community Emergency Assistance Program serve 906 families from Fridley. The CHAP store is staffed by v unteers, and served 93 families in Fridley last year. Councilwo n Jorgenson asked about the allocation to the City's Recreati n Department for scholarships. � FRIDLEY CITY COUNCIL MEETING OF JULY 25, 1994 PAGE 16 Mr. Kirk, Director of Recreation and Natural Resources, stated that the funds would be used for middle age youth to participate in the after school programs. He stated that in order for them to be eligible, they would have to meet income guidelines. He stated that these funds are not only used for activities through the City but for activities through the schools and in neighborir}g communi- ties if someone wishes to participate. ,�' Councilwoman Jorgenson asked whether the City provid �d scholarships for the recreational programs and whether $5, 000 as needed� Mr. Kirk stated that the City does adjust e fees and waives certain fees for selected activities. He st ed that there was a pilot program this year in which $1, 000 w spent very quickly. He felt that there are a lot of students t at can use the scholar- ships once they find out that this fundi g is available. Councilwoman Jorgenson asked if the Recreation Department was working with Kevin Thomas, Youth Outr ach Worker, on this program. Mr. Kirk stated that they are wor ing closely with Kevin and the middle school youth. He expects that Mr. Thomas will be a good resource and a good promoter fo use of these funds. MOTION by Councilman Schnei r to concur with Human Resources Commission recommendation fo CDBG funding, as presented, and to adopt Resolution No. 59-199 . Seconded by Councilwoman Bolkcom. Ms. Kathy Sanders, repres ting ARC, stated that their organization assists children with d' abilities to enable them to attend camp. She stated that it is d' ficult to obtain funding, and persons have had to be turned away She stated that seven persons in Fridley received assistance is year, and the cost for camp is about $350 to $400 for a week. Mr. Barg stated t at because ARC did not receive any funding, it is not a reflecti n on their organization, but it came down to the number of people they serve. Ms. Mau stated hat in determining who receives funding, one of the guidelines i the issue of which organizations serve the most people. Ms. Gretch n Hansen, Tamarisk Resources, thanked Council for the funding. he stated that their organization is very proud of their accompli ments in the City. Without the funding they could not have tr ned the 35 volunteers. She stated that their volunteers go into the homes and help those in the community •who are dealing with a terminal illness. She stated that their original goal was to es ablish a residential facility, but funds were not available. She stated that they do not charge for their services, and they hel'ped over one hundred people last year. r RESOLIITION NO. 58 - 1994 RESOLIITION APPROVING A SIIBDIVISION, LOT SPLIT� L.B. �94-01� TO SPLIT PROPERTY INTO TWO SEPARATE LOTS, GENERALLY LOCATED AT 5400 - 4TH STREET N.E. WHEREAS, the City Council approved a lot split at the ,7uly 25, 1994 meeting; and the Planning Commission stipulations attached as Exhibit A; and WHEREAS, such approval was to split Lots 6 - 16, Block 12, Hamilton's Addition to Mechanicsville into two separate lots, generally located at 5400 - 4th Street N.E. The legal descriptions for the two lots are as follows: Tract A: Lots 6, 7, 8, 9, 10, 11, 12, and 13, Block 12, Hamilton's Addition to Mechanicsville, Anoka County, Minnesota, except that part lying westerly of the east right-of-way line of State Trunk Highway No. 47 (University Avenue N.E. ) Tract B: Lots 14, 15, and 16, Block 12, Hamilton's Addition to Mechanicsville, Anoka County, Minnesota, together with that part of vacated 54th Avenue N.E. and the vacated alley accruing, except that part lying westerly of the east right- of-way line of State Trunk Highway No. 47 (University Avenue N.E. ) WHEREAS, the City has received the required Certificate of Survey from the owner; and WHEREAS, such approval will split the property into two separate parcels. NOW, THEREFORE, BE IT RESOLVED, that the City Council directs the petitioner to record this lot split at Anoka County within six months of this approval or else such approval shall be null and void. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 25TH DAY OF JULY, 1994. WILLIAM J. NEE - MAYOR ATTEST: WILLIAM A. CHAMPA - CITY CLERK � Page 2 - Resolution No. 58 - 1994 EXHIBIT A 1. Variance Request, VAR #94-10 shall be approved. 2. The petitioner shall replace the existing curb cut when a new curb cut is installed. 3. SAC fees shall be paid at the time of building permit issuance. 4. The petitioner shall submit a grading and drainage plan prior to the issuance of a building permit. 5. A park fee of $750.00 shall be paid at the issuance of a building permit. . - � _ _ CITY OF FRtDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FR[DLEY, MN 55432• (612)571-3450• FAX (612) 571-12H7 CITY COUNCIL ACTION TAKEN NOTICE August 2, 1994 Charles Westling 125 - 76th Way N.E. Fridley, MN 55432 Dear Mr. Westling: On July 25, 1994, the Fridley City Council officially approved your request for a lot split, L.S. #94-01, to split Lots 6 - 16, Block 12 , Hamilton's Addition to Mechanicsville into two separate lots, generally located at 5400 - 4th Street N.E. The legal descriptions for the two lots are as follows: Tract A: Lots 6, 7, 8, 9, 10, 11, 12 , and 13 , Block 12 , Hamilton's Addition to Mechanicsville, Anoka County, Minnesota, except that part lying westerly of the east right-of-way line of State Trunk Highway No. 47 (University Avenue N.E. ) Tract B: Lots 14, 15, and 16, Block 12 , Hamilton's Addition to Mechanicsville, Anoka County, Minnesota, together with that part of vacated 54th Avenue N.E. and the vacated alley accruing, except that part lying westerly of the east right-of-way line of State Trunk Highway NO. 47 (University Avenue N.E. ) Approval of this lot split is contingent upon the following sti.�ulations: 1. Variance Request, VAR #94-10 shall be approved. 2 . The petitioner shall replace the existing curb cut when a new curb cut is installed. 3 . SAC fees shall be paid at the time of building permit issuance. 4 . The petitioner shall submit a grading and drainage plan prior to the issuance of a building permit. . Charles Westling August 2 , 1994 Page 2 5. A park fee of $750. 00 shall be paid at the issuance of a building permit. If you have any questions regarding the above action, please call me at 572-3590. ,� �ince el� -�� _ � ; , , _ � _._ . �. , �t✓�.-E=, Barbara Dacy, AICP � Community Developm� Director BD/dn Please review the above, sign the statement below and return one copy to the City of Fridley Planning Department by August 16, 1994 . C� � � Concur with action take . I � STATE 4F MINNESOTA ) CITY COIINCIL PROCEEDINGS COUNTY OF ANOKA ) PLAT/LOT SPLIT CITY OF FRIDLEY ) In the Matter of: a lot snlit, L.S. ��94-01 Owner': Charles V. Westling The above entitled matter came before the City Council of the City of Fridley and was heard on the 25th day of July � lg 94 , on a petition for a plat/lot split pursuant to the City of Fridley's Zoning Ordinance, for the following described property: To split Lots 6 - 16, Block 12, Hamilton's Addition to Mechanicsville into two separate lots , generally located at 5400 - 4th Street. See attached resolution for legal description. a3 - 3o- ��-1 � 3�-1- �o�� Uv�13 �n IT IS ORDERED that a plat/lot split be granted as upon the following conditions or reasons: Approval is contingent upon five stipulations. See wording on attached resolution. STATE OF MINNESOTA ) COUNTY OF ANOKA ) OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) I, William A. Champa, City Clerk for the City of Fridley, with and in for said City of Fridley, do hereby certify that I have compared the foregoing copy and Order granting a plat/lot split 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 ��- day of J �C'i��.� , 19 �S DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 )��1 � � � .yn ',�i: William A. Champa, Ci Clerk:� ',.RPj'M•'tYya �:.' '`�, . ,. ;� J• ,� (S�A�}F�� ,� • � ;s-,° � '` � � ,; ��: +'� � `�;, ri', < ; . �, -�,�.,� �� _ Th ;, w .. .".`y . ( ` ,' '� _ FRIDLEY CITY COUNCIL MEETING OF JULY 25 1994 PAGE 14 Councilman Billings stated that from his calculations, it would � appear that a variance to four feet is needed. Ms. Dacy stated that if only one additional foot is involved, she did not think changing this to four feet would be contrary to t Appeals Commission's decision. MOTION by Councilman Billings to grant Variance quest, VAR #94-10, to reduce the front yard setback from 35 fee o 5 feet to allow the construction of a five car garage, and om 35 feet to 18 feet, for construction of a four-plex, with he following stipulations: (1) Lot Split Request, L.S. # -01, shall be approved; and (2) the petitioner shall provi� a hard surface driveway by June l, 1995. Seconded by Counci,l�ian Schneider. % MOTION by Councilman Billings to a nd Variance Request, VAR #94-10, by changing the wording to ead: "to reduce the front yard setback from 35 feet to 4 feet or accessory buildings, and from 35 feet to 18 feet for dwell� in,�'�structures along the westerly line to allow for the construct�h of a four-plex and a five car garage. Seconded by Councilwo n Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declar the motion carried unanimously. MOTION by Councilman Bil1'ings to add an additional stipulation to Variance Request, VAI3/ #94-10, as follows: (3) any accessory buildings on the prg}Serty are to be used for traditional residen- � tial uses and, if ,dne is used for a shop, that it is used for the maintenance of�t'�ie four-plex, a hobby, and other miscellaneous purposes, but ot to be construed to be used for a home occupation. Seconded by ouncilwoman Bolkcom. Upon a voice vote, all voting aye, Mayo Nee declared the motion carried unanimously. r UPON VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Ma Nee declared the motion carried unanimously. . � 6. RECEIVE AN ITEM FROM THE PLANNING COMMISSION MEETING OF JUNE 29, 1994� A. RESOLUTION NO. 58-1994 APPROVING A SUBDIVISION LOT SPLIT L.S. #94-01, TO SPLIT PROPERTY INTO TWO SEPARATE LOTS, GENERALLY LOCATED AT 5400 FOURTH STREET N.E. (BY CHARLES WESTLING) : Mayor Nee removed this item from the table. Ms. Dacy, Community Development Director, stated that this is a request for a lot split to split a triangular parcel located at the intersection of 54th Avenue and Fourth Street into two parcels. She stated that the Planning Commission recommended approval with five stipulations. Ms. Dacy stated that there was an issue regarding parking along Fourth Street brought up at the Appeals Commission meeting. She `f�;k;' �i � FRIDLEY CITY COUNCIL MEETING OF JULY 25. 1994 PAGE 15 stated that at this meeting, the public was advised that if "no parking" signs are to be installed, this would be a separate action by Council. She stated that adequate parking is proposed on site for this four-plex. MOTION by Councilman Billings to adopt Resolution No. 58-1994, with the following stipulations attached as Exhibit A: (1) Variance Request, VAR #94-10, shall be approved; (2) the petitioner shall replace the existing curb cut when a new curb cut is installed; (3) SAC fees shall be paid at the time of building permit issuance; (4) the petitioner shall submit a grading and drainage plan prior to the issuance of a building permit; and (5) a park fee of $750.00 shall be paid at the issuance of a building permit. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. i 8. RECEIVE AN ITEM FROM THE PLANNING COMMISSION MEET 'NG OF JUNE 29 , 1994• A. APPROVE CDBG FUNDING RECOMMENDATION FROM THE HUN��N RESOURCES COMMISSION• AND RESOLUTION NO. 59-1994 AUTHORIZING AGREEMEN�S BETWEEN THE CITY OF FRIDLEY AND RECIPIENTS OF 1994-1995 FEDERAL COMMUNITY � DEVEL�OPMENT BLOCK GRANT FUNDS: � Mr. Barg, Code Enforcement Officer, stat,�d that the City received eleven applications for CDBG funds. ;'�Ie stated that the Human Resources Commission has submitted a ,�ecommendation on the use of the $25, 000 of funding the City wil�� receive. �,, Ms. Terrie Mau, Vice-Chair of ;the Human Resources Commission, reviewed those organizations r�commended for funding. She stated that Alexandra House served ,,311 people in the Fridle� area last year. She stated that Tamarisk Resources works with people at home who have a terminal illness rather than having them in hospital care. She stated that �he Central Center for Family Resources is expanding their adoles�ent groups, and their charges are based on a person's ability to, �ay for services. Ms. Mau stated that North- west Suburban Kinsk�ip has volunteers that work with individual children similar �Q� the Big Brothers organization. She stated that the Recreation -'"Department's funding is for scholarships for children parti�ipating in the after school recreational programs. She stated t�at St. Philip's is offering an after school program for childre�i. She stated that the Community Emergency Assistance Program s.erved 906 families from Fridley. The CHAP store is staffed ,my volunteers, and served 93 families in Fridley last year. , Coun,rrilwoman Jorgenson asked about the allocation to the City' s Rec�eation Department for scholarships. �ss��{#; f `< RESOLIITION NO. 58 - 1994 RE30LIITION APPROVING A SIIBDIVISION, LOT SPLIT, L.B. #94-01, TO SPLIT PROPERTY INTO TWO SEPARATL LOTB, GENERALLY LOCATED AT 5400 - 4TH STREET N.E. WHEREAS, the City Council approved a lot split at the July 25, 1994 meeting; and the Planning Commission stipulations attached as Exhibit A; and WHEREAS, such approval was to split Lots 6 - 16, Block 12, Hamilton's Addition to Mechanicsville into two separate lots, generally located at 5400 - 4th Street N.E. The legal descriptions for the two lots are as follows: Tract A: Lots 6, 7, 8, 9, 10, il, 12, and 13, Block 12, Hamilton's Addition to Mechanicsville, Anoka County, Minnesota, except that part lying westerly of the east right-of-way line of State Trunk Highway No. 47 (University Avenue N.E. ) Tract B: Lots 14, 15, and 16, Block 12, Hamilton's Addition to Mechanicsville, Anoka County, Minnesota, together with that part of vacated 54th Avenue N.E. and the vacated alley accruing, except that part lying westerly of the east right- of-way line of State Trunk Highway No. 47 (University Avenue N.E. ) WHEREAS, the City has received the required Certificate of Survey from the owner; and WHEREAS, such approval will split the property into two separate parcels. NOW, THEREFORE, BE IT RESOLVED, that the City Council directs the petitioner to record this lot split at Anoka County within six months of this approval or else such approval shall be null and void. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 25TH DAY OF JULY, 1994. WILLIAM J. NEE - MAYOR ATTEST: WILLIAM A. CHAMPA - CITY CLERK Page 2 - Resolution No. 58 - 1994 EXHIBIT A 1. Variance Request, VAR #94-10 shall be approved. 2. The petitioner shall replace the existing curb cut when a new curb cut is installed. 3. SAC fees shall be paid at the time of building permit issuance. 4. The petitioner shall submit a grading and drainage plan prior to the issuance of a building� permit. 5. A park fee of $750.00 shall be paid at the issuance of a building permit. 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