LS94-05 � �.
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: �S�� �--�.,,.rc-iz��.f.. f
Property Identification Number(PIN)
Legal description: �e..� Y2z:-o 1�a ` �� `i"� N �`�! ��
Lot Block TracdAddition
Current zoning: Square footage/acrea '
Reason for lot split: P � � S P y ' � S � �
__�'�Pl 1"7�- G�`�` /� '� �4 �� c��ft ( 'Q�
Have you operated a business in a city which required a business license? �
Yes No � If yes, which city?
If yes, what rype of business?
Was that license ever denied or revoked? Yes No
FEE OWNER INFORMATION (as it appears on the property title)
(Contract urc asers• } wners must sign this form prior to processing)
NAME
ADDRESS �' � � �
DAYTIME PHON I'�U�
SIGNATURE � � DATE � •�II � �
PETITI ER INF RMATI
NAME_� ��l�Q
ADDRESS
DAYTIME PHONE
SIGNATURE DATE t��/--�'f �/
Fee: $100.00 ✓
Peimit L.S. # �' ` �� Receipt# .�/5
Application received by: '� � -rl � ��
Scheduled Planning Commission date: ` 1 � ` \ �
Scheduled City Council date:
CITY O! FRIDLEY PL11N RBVIBA CHEC�LIBT
B. Site Plan:
Applicants for vacations must submit the legal description of the
parcel (easement, Btreet, etc.) to be vacated. 1. Property line dimensions, location of all existing and
proposed structures with distance from bonndaries,
Complete site plans, signed by a registered architect, civil distance between structures, building dimensions and
engineer, landscape architect, or other desiqn professional, to floor elevations
include the following: •
2. Gradinq and drainage plan showinq existing natural
A. General: features (topography, wetlands, vegetation, etc.) as well
as proposed qrade elevations and sedimentation and storm
1. Name and address oP project water retention ponds. Calculations for storm water
detention/retention areas.
2. Leqal description (certificate of eurvey may be required)
3. All existinq and proposed points of egress/inqress
9. Name, address, and telephone number of applicant, showing vidths of property lines, turning radii abutting
engineer, 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, parking 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. Existing 2oninq and land use traffic flow, and traffic-control devices
7. Tabulation box indicatinq: 5. Landscapinq Plan
(i) Size of parcel in sq. ft. 6. i,ocation, access, and screening detail of trash
enclosurea
(ii) Gross floor area of buildinqs
7. Location and screening detail of rooftop equipment
(iii) Percent of site covered by building
8. Building elevations from all directions
(iv) Percent of site covered by impervious surface
9. Utility plan identifying size and direction oP 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
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- , �os No. 64-13
- LEROY H. WINNER N
.1'a�d �'wu�eyon
R•yister�d U�d•r laws of Stat�of Minn�wta
ROUTE NO. 4 • ANOKA, MINN. ,
PHONf HARRISON 1-1859
CERTIFICAT � OF SURVEY ;��: �
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LEGAL DESCRIPTION
THE SOUTH I/2 OF THAT PART OF LOT 20, AUOITOR�S SUBDIVISION N0. 92 IN
ANOKA COUNTY, MINNESOTA WHlCH LIES NORTH OF THE SOUTH 178 FEET OF 9AlD
LOT 20� EXCEPT THE WESTERLY 20 FEET I hereby �ert�fy thor o� 196�'
OF THAT PART OF SAID LOT 20 ABOVE I surveyed the property d scribe above ond that ths
DESCRIBED. abo�e plat �s a correct representation of soid survey.
c�-��-��crrY��/�
LAND SURV YOR REG. No. 4987
� 3.62
"�`F � �_�-�- t:5��i.ticy' t.i111-.:1. � �yr �
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8398 Cent�r Orive � Minnropolis, Minn. 55132
" �� ` Phone 784-0210 •
„��-- .
��y• • • CERTI�ICATE �� SUR.i/EY
�tlRVEY FOR: City of Fridle;� • . �
DESCRI9FD AS: See attached legal description.
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� / 1 �wv s7sd t F� p cpK4p c�s w i 5ad c.5c w cnd riwt tb.
a5ove pkt is o corr�ct rc�r�s�ato�tion of.oie wneq.
�/ 3.67 �/�-��� �
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' " - L�t l.Ley ��'L 1!e,� ``,� �� �
L.S. #6Ba,Qe� �^.,4.
7t SP'L2� REQUESTB LsSo �6�-03. B�AILEY TZLLERs NCS:TH �AL-F 0�_�AT 20 AUDXT�t'&
� � SUSDIV�SI�t� �92a
�e City M���s read tha �otion o£ the Plaaniag C�m�iesioa recoc�nending approval
ot [he Lot Split LaB, 465-03. Z'�e City Engincer ahvwed a plan of che I,at 8pli�
to g� Couac�2, Conncilesaa Shoridan asked vt�y tta0 Iot vam split Ln suc.b ea
c�dd �qr. Baa ia�qulrod it auy thou�ht erau gi�rec� te ro�eth�r �r. Tillear �� pa+rla��t
ma.k�g aa atzer�pt to get aretmd the �Iattiag ordinance, �e City tLanmger ans�+ered
Chat �area� t.tx� I�ot Split ia uavaual it ia aot da�ri�ntal to the City �►ar
apposed to th� principal of tha ordiaancs.
l�oticm 1�p Staoridsn W caae�sr vith Lhe aetioa of tb� Plannfc�g Com�aiaaioa► aad graat
th�e req�$at o� Builey Siller for a aplit o! Iat 20. Auditor'e Subdivision #92
`/- ca�aZingeflt upvss receipt of thQ necoasary ccrti�icat• of surveyr � eonpliar�cs
vith thc ordina�cee of the City o� i�ridley and with tDe plea Hro ?ilfier pre�ented
� Co Chs City, S�cauded hy GTright. Upc�n a voico vote, Lbara bsing no nayr, tbe
`j moLioa car�isd un�nim�ualy.
�oiARDS 0� AFPBALS I�TTNG M�rtUTE3, JtkIE 15, 296St
V P�A�� CN 45 ?A +00�� Qi' P8 SOTA 1963.
87 YAIVE� C� SIDB YARD UI&E'K�NT ItROM S FEP? 'L°'� 2 �E�'T Z90 pLEHtT CO[titS2�IJCTZON OP
A�T ATPA�D GARAf� � LOT 4 BT�OCIC 3 tICE CR88� � PL�T 4 /IN�CA CO(!APlY .
M'tI��SOT1� 3A.�fE BEIh'G 68 0 - T'iB S�E�T NO?TH�?A3T'� PRTDLEY� M�'DtTIESOTA �?EQttBsT BY
DOCIAI� Yo PC76�ERS, 6820; 7T� 8�? N+�Tt3�AS?. FI�..�DIaEY. AQbII+�SOTA •
Ztas Citp 2�aaager exglaiued to the Council that the Boerd of Appeala hald a public
heaziag os� thQ reqeieat of Donn ld p. Paaere for a variance of the eide yard
reQuis�coent fram S iset to 2 feet to perrait cavtructidu of an nttached garage.
�poa hia psoperty. Tho Bomcd of Ap�als recomwende that the variance be granted
to Itr, pc�uor�, Councilmua Wright pointed ovt that he wished the Counci2 to note
that insCecad of tfw concurrence of the neighbora to Mr, Powera' reqaest for a
variauce tha mianteo of thn Baard of Appeala H�earing aho�+r that ao ane ob�ected
to tbe variance, The City Haaager raplied that vben e rQqu�st tor a �ariance i•
sub�nitted to th+a board of Appeal� it is not r�qnised tbat concnrreuc• of th�
neighbors to the vaziance De provided in erriting, Tt�s Board of Appeals holds e
�axiag aa a reque�t for a varia�uce aad t3�e Qeigbbots bave this opportunity to
� ob�ct it thcry vish to do so.
1�[ioa Dy lCtrtchmm to concar with �tba Board oY A,ppeala aad grant thQ r�quest ot
D�aald Po Pa�,rera for a v�riaace from side parQ reqairv�xnt of 5 fe�t to 2 t�t
• to pe�att �oiaatrcutiae of an attached gerage on Lot �. Block 3, Rice Cret�c
?erracm P4at 4. 3fcandad bJ '�om�aaa. �1po� a voics vatv� there baiag Qo oaya,
tbe cmot�a� c.�rried uasnimonely,
SZ v R P� 8� Oc� 4 24 I�Y. HIt3PtB54TA 1963,
�X WAIV� �P $ AG1D V GN
26 C COD�B OF FR LEY 0?A 19b3 O� p� � gg
TO 32 CO�J ON 0�► GABA� ON 1
s 8�3 Gb80 -
N(�t1�3EAS L8Y tNESOTA� OBERT J. OI�S � 6850 -
�?� 8�,BkC7�Q FSZDLBY� �SdTA)Y �
tt� Cit7 Maaag�s read ttio �otioa of tbe Board of Appea,s rQcoma�ndu�.g taac tac
raa��est of Mz, Olmatead Jr., far a veriaucQ be �rsatad to peratt constmctioa of
3.68
The Southerly Seventy-four and one-half feet (742') of the Northerly
One Hundred Forty-nine feet (149') of Lot Twenty (20) , Auditor's
Subdivision No. 92, Anoka County, Minnesota, except the Westerly
Twenty feet (20') of Lot �aenty (20) above described. �
_ _ ..,.�:.......__, ..�_.,,,:.-.4.»,.•.�.-.,.,.....,A--.,.�...�.,.�., � ��...�.,,�..�.�.,..... _
.�.
_
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C�TY OF
FRIDLEY
FRIDLEY MUNICIPAL CENTER• 6431 UNIVERS[TY AVE. N.E. FRIDLEY, MN 55�32 • (612) 571-3450• FAX (6l2) 571-1287
August 23 , 1994
TO WHOM IT MAY CONCERN:
The City of Fridley Planning Commission will be holding an
informal hearing on a lot split, L.S. #94-05, by John Tiller, to
split Lot 20, Auditor's Subdivision No. 92 into two parcels:
Parcel A
That part of the south half of that part of Lot 20, Auditor's
Subdivision No. 92 , Anoka County, Minnesota, which lies north of
the south 178 feet of said Lot 20, except the westerly 20 feet.
Parcel B
That part of the south 178 feet of said Lot 20 lying west of the
east 75 feet of said Lot 20.
This property is generally located at 1535 Gardena Avenue N.E.
Any and all persons desiring to be heard shall be given an
opportunity at the Planning Commission meeting on Wednesday,
September 21, 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 September 14, 1994 .
DAVID NEWMAN
CHAIR
PLANNING COMMISSION
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3.5s LOCATION MAP
�-�•S� #94-05 Mailing List Mailed: 8/23/94
John Tiller
John Tiller Bailey Tiller Totino-Grace H. S.
1538 Gardena Avenue NE 1535 Gardena Avenue NE 1350 Gardena Avenue NE
Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432
Susan Okerstrom Ronald Smolik Daniel Johnson
1601 Gardena Avenue NE 5921 Benjamin Street NE 5941 Benjamin Street NE
Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432
Daniel Harrington Scott King Carl Peterson
1620 Gardena Avenue NE 1588 Gardena Avenue NE 1568 Gardena Avenue NE
Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432
William Simms Prokash Purohit Dean Anderson
1494 Gardena Avenue NE 5885 Arthur Street NE 5871 Arthur Street NE
Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432
Charles Erickson Raymond Renner Daniel Echols
1508 Gardena Avenue NE 1564 Gardena Avenue NE 5855 Arthur Street NE
Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432
Wendy Backer Richard French Dorothy Baxter
1495 Gardena Avenue NE 1469 Gardena Avenue NE 1465 Gardena Avenue NE
Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432
Continental Dev. Corp. James Hamilton Charles Dorcas
12093 Ilex Street 5990 Oakwood Manor NE 5960 Oakwood Manor NE
Coon Rapids, MN 55433 Fridley, MN 55432 Fridley, MN 55432
�.
Roger Carpenter ' ^�ary Steven Gerald Burrow
5928 Oakwood Manor NE �� 5926 Oakwood Manor NE 5924 Oakwood Manor NE
Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432
Stephen Shorma Steven Benson David Shafran
5916 Oakwood Manor NE 5910 Oakwood Manor NE 1499 Gardena Avenue NE
Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432
�Ce�i'�th Baker Bertha Lillemoen ��Jerome Tiller
5925 Oakwood Manor NE 1583 Gardena Avenue NE ��'P.O. Box 222
Fridley, MN 55432 Fridley, MN 55432 Dassel, MN 55325
John Bolich Jr. Thomas Harrington Charles Majeske
1580 - 60th Avenue NE 1590 - 60th Avenue NE 1570 - 60th Avenue NE
Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432
Wesley Long Gilbert Sakariason Chester Burmis
1560 - 60th Avenue NE 5965 Oakwood Manor NE 5963 Oakwood Manor NE
Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432
Janell Benson Thomas Steifern Glenn Lillmars
5951 Oakwood Manor NE 5950 Benjamin Street NE 2353 Rice Street, #127
Fridley, MN 55432 Fridley, MN 55432 St. Paul, MN 55113
Susan Wick Marjorie Rolland David Newman
1565 Gardena Avenue NE 1561 Gardena Avenue NE Planning Comm. Chair
Fridley, MN 55432 Fridley, MN 55432 7635 Alden Way NE
Fridley, MN 55432
City Council Members
�
_
C' IlOF
FRtDLE.Y
• FRIDLEY MUNICIPAL CENTER•6-331 UNIVERS[TY AVE. N.E.FRIDLEY. MN�5432•(612)571-3�3jO• FAX(Y12)571-1287
COVER SHEET
T�. �� LJ� � 'vt �T
FROM- (,�T-�- ��7� �� -
� �DATE• 1� 1c� l
�5
PAGES (Including cover Sheet) : _
REMARKS• ! T)�� ��'��--- -
� �°"
**NOTE** IF ALL PAGES HAVE NOT BEEN PROPERLY RECEIVED, ,
PLEASE CALL SENDER.
,,ti
.�...
� � PL.�NNlNG DIV�SION
F �� -:
_
a �V1EMOR,AI�DLIM
;
; c��ro�
;� F(Zl DLEY
4 .
hEM' ZD: Jock Robertson, �locrmtmity Developnent Director �.
trEM� fROM: Darrel Qark, �ief Building Inspector
r3Eh17 L1�1�: 1�3arc� 13, 1987
R�tDit�: Hailey Tiller Lot Split F�rst Apprwed by (:ity Council June 21,
1965.
Mr. Tiller, the one-time aaner of all of Lot 20, Auditor's Subdivision No.
92, petitioned for sglitting his property into four residential lots. �e
petition was apQraved by the City Go�mcil on Jiaie 21, 1%5.
Zb date, he has only sold the northerly lot where a house was buil t,
therefor�, he is presently the owner of parcels B, C, and D, as shawn on
EX�11�t �A�.
7he v�de at that time did not have a reoording time limit, mr did it require
a park fee on lots sglits, as it does currently.
Zhe Tillers now w�ould like to give paroel D to another e�n for him to build a
house on Since �e present oode has a time limit and a park fee, he has
sutrnitted a letter r�uesting the City Catmci3 to reapQrwe t3�e splitting off
af pa rcel D and that he rnt be requi red to pay a park f ee.
Zhe survey and the lot descriptions are attached as exhibits B-1 and B-2.
All lots have been servioed with sewer and water, anci all special assessnents
have been levied and are g�id in full. �
DC/la�uz
� rr 87-56
3.66
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CITY OF FRIDLEY U ' _ /
�D� COMMISSION APPLICATION REVIE���,��y�j�� 1� "�'�/�
O
File Number File Date Meetinq Date
49 8/22/94 9/21/94
File Description: L.S. 4�94-05 by John Tiller
To split property generally located at 1535 Gardena Avenue N.E.
Complete Review Checklist; Return to The Community Development Department
J *** Comments *** .
� �!
Barbara Dacy ���-�
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� Community Development Department
� PLANNING DIVISION
City of Fridley
APPLICATION NUMBER:
L.S. # 94-05
PETITIONER•
John Tiller, owner's son
Bailey Tiller, owner
LOCATION•
The northeast corner of Gardena Avenue and Oakwood Manor in east
Fridley. The property is zoned R-1, Single Family Residential.
One lot that was once described as Lot 20, Auditor's Subdivision
92 is now a series of lots occupied by three homes and four
accessory buildings (1535 Gardena Avenue, 1555 Gardena Avenue and
5925 Oakwood Manor) .
REQUEST•
Mr. John Tiller who represents Mr. Bailey Tiller has requested a
subdivision to allow a fourth lot to be created north of the
existing homes on Gardena Avenue, and south of the home on
Oakwood Manor.
BACRGROUND•
Mr. Bailey 'Tiller owned all of Lot 20, Auditor's Subdivision 92.
He requested subdivisions in 1964 and 1965 to allow the
subdivision and creation of home sites for other Tiller family
members.
In August of 1964, a building permit was issued for the home at
5925 Oakwood Manor N.E. Earlier that year, the City Council
approved Bailey Tiller's request to divide Lot 20, Auditor's
Subdivision 92 , into two parcels. The northernmost parcel
consisted of 21, 559 square feet of lot area and would accommodate
the home at 5925 Oakwood Manor. A 20' street right-of-way
dedication (from the northern parcel) was executed at the time of
the lot split in 1964 .
Oakwood Manor N.E. did not connect with Gardena Avenue at that
time and a southern 24 , 452 square feet lot did not dedicate
right-of-way and the road was not completed until a later date.
� '• . .
Staff Report
Tiller L.S. #94-05
Page 2
The 1964 survey indicated that there had been a proposed lot
split of the southern (24, 452 square feet) parcel into two lots.
Both lots would front on Gardena Avenue. I have attached an
illustration to show how the lot splits were to occur.
In June of 1965, the City Council formally approved a lot split
of the southern parcel into two lots. The west lot is 90 feet,
the east lot is 75 feet. These widths are in accordance with the
minimum Code requirements for lot width that exist today.
The original Tiller homestead existed on one of the southern
parcels. Bailey Tiller received a building permit for a 30' x
30' concrete garage in 1966. This garage was on the northern lot
of the 1964 subdivision. In 1976, Mr. Tiller was issued a
building permit for an additional 12 ' x 20' storage shed. These
two sheds accompany a 10' x 12 ' concrete playhouse that was
constructed with a building permit in 1950.
Jerry and Annie Tiller built a new home on the other southern
parcel in 1983 .
In 1987, a request for the re-approval of the 1965 lot split L.S.
# 65-03 was reviewed by the City Council. The minutes indicate
that the review was necessary because of the time allotment for
filing and formally recording the action of the City Council had
expired.
The legal descriptions given at the time of that 1987 review,
indicate 2 clearly defined lots. The lot at 5925 Oakwood Manor is
a third lot. Without modification to legal descriptions, only
three lots then existed from what was originally Lot 20,
Auditor's Subdivision 92 . The Oakwood Manor Lot was clearly
separated by it's legal description, and is not part of the
current lot split consideration.
South of the Oakwood Manor lot, there is adequate dimension to
reconfigure the Auditors Subdivision into 3 lots and the
petitioner has asked to do so at this time.
ANALYSIS•
The zoning on this parcel is R-1, Single Family Residential . The
R-1 district requires a 9, 000 square feet minimum lot size and a
minimum lot width of 75' . As proposed, a 10, 780 s. f lot can be
created with a lot width of 74 . 51 feet. Approval of this lot
split would not create a visible deviation from the required 75'
minimum lot width.
3.� �t
Staff Report
Tiller L.S. #94-05
Page 3
Approval of the lot split as proposed would be considered as
granting a subdivision variance to the lot width.
**Stipulation** Staff recommends approval of a variance to
the lot width requirement of 75� to allow the
creation of this 74.51� wide lot.
As we have discussed, there is a series of homes and accessory
structures on what was once Lot 20 Auditors Subdivision 98.
**Stipulation** A verification survey will be required to
determine setback distances.
The aerial shows that both the 30' x 30' block garage and the 10'
x 12 ' storage shed will be on the newly created lot. Code Section
205. 04 . 05.A, states, "No accessory building or structure shall be
permitted on any lot prior to the time of the issuance of the
building permit for construction of the principal building" .
These structures would be required to be removed to comply with
Code. Mr. Tiller has indicated a desire to leave the buildings on
the new lot. Staff has discussed the Code requirements with him.
**Stipulation** All accessory buildings shall be raised, from
the newly created lot, prior to filing the
lot split with Anoka County.
Mr Tiller has also indicated a desire to record this split at the
time of sale. This may exceed the City's 180 day timeline for
filing. The petitioner has asked for consideration of a timeline
that would require recording the split at the time of sale.
**Stipulation** Lot split #94-OS shall be recorded by October
3, 1995 or prior to transfer of ownership,
whichever occurs first.
A park dedication fee of $750. 00 is required for all lot splits
within the City of Fridley.
**Stipulation** A Park dedication fee of $750 . 00 shall be
paid prior to issuance of a buildinq permit
for this parcel.
Separate sewer and water services will be required to accommodate
a new residence on the newly created lot. Installation of the
required utilities will be the responsibility of the property
owner.
';_�i�
Staff Report
Tiller L.S. #94-05
Page 4
**Stipulation** The property owner shall be responsible for
the installation of separate sewer and water
to accommodate a new residence on the newly
created lot.
A 20' utility easement will be required across the Oakwood Manor
(west) end of the newly created lot and the lot at the corner of
Oakwood Manor and Gardena Street, adjacent to the right-of-way.
**Stipulation** A 20� utility easement shall be dedicated,
across the Oakwood Manor (west) end of the
newly created lot and the lot at the corner
of Oakwood Manor and Gardena Street, adjacent
to the right-of-way.
RECOMMENDATION/STIPULATIONS:
Staff recommends approval of L.S. #94-05 with seven stipulations:
1. Staff recommends approval of a variance to the lot width
requirement of 75' to allow the creation of this 74 . 51' wide
lot.
2 . A verification survey will be required to determine setback
distances.
3 . All accessory buildings shall be raised, from the newlv
created lot, prior to filing the lot split with Anoka
County.
4 . Lot split #94-05 shall be recorded by October 3 , 1995 or
prior to transfer of ownership, whichever occurs first.
5. A Park dedication fee of $750. 00 shall be paid prior to
issuance of a building permit for this parcel .
6. The property owner shall be responsible for the installation
of separate sewer and water to accommodate a new residence
on the newly created lot.
7 . A 20' utility easement shall be dedicated, across the
Oakwood Manor (west) end of the newly created lot and the
lot at the corner of Oakwood Manor and Gardena Street,
adjacent to the right-of-way.
� ��
Staff Report
Tiller L.S. #94-05
Page 5
PLANNING COMMISSION ACTION
The Planning Commission voted unanimously to recommend approval
of the request with the following stipulations amended:
3 . All accessory structures may continue to exist, but
shall not be occupied.
4 . Lot split #94-05 shall be recorded by October 3 , 1997
or prior to transfer of ownership whichever occurs
first.
CITY COUNCIL RECOMMENDATION
Staff recommends that the City Council concur with the Planning
Commission action.
3.54
, ;,
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� Community Development Departm�nt
Q PLANNING DIVISION
City of Fridley
DATE: September 28, 1994
TO: William W. Burns, City Manager
FROM: Barbara Dacy, Community Development Director
Scott Hickok, Planning Coordinator
RE: Resolution For Lot Split #94-05, Bailey Tiller, 1535
Gardena Avenue �
Bailey Tiller owns property at the northeast corner of Gardena
Avenue NE and Oakwood Manor. Mr. Tiller has requested a lot split
to create a single family lot between the properties addressed as
1535 Gardena Avenue and 5925 Oakwood Manor. Though Mr. Tiller
believes this lot split has been completed in 1987, a discrepancy
in the legal description has caused a need for further
consideration. The Planning Commission recommended approval with
seven (7) stipulations:
1. Approval of a variance to the lot width requirement of
75 feet to allow the creation of this 74 . 51 foot wide
lot.
2 . A verification survey will be required to determine
setback distances.
3 . All accessory structures may continue to exist, but
shall not be occupied.
4 . Lot Split #94-05 shall be recorded by October 3 , 1997,
or prior to transfer of ownership, whichever occurs
first.
5. A park dedication fee of $750. 00 shall be paid prior to
the issuance of a building permit for this parcel.
6. The property owner shall be responsible for the
installation of separate sewer and water to accommodate
a new residence on the newly created lots.
7 . A 20 foot utility easement shall be dedicated across
the Oakwood Manor (west) end of the newly created lot,
and the lot at the corner of Oakwood Manor and Gardena
Street, adjacent to the right-of-way.
3.46
�, ti .
William W. Burns
September 28, 1994
Page 2
City Council Recommendation:
Staff recommends that the City Council concur with the Planning
Commission action.
SH:da
C-94-581
3.47
cOt�'n.� MEE'i'ING OF MARt�i 23, ]987
12. RESOLUI'ION IVp �7-a.987 FOR REAPP�i7VAL AFTER EXPIRATION pF A LCyI' SPLIT, L.S.
�6S 03. GENFRAL�LX TA�A'I'F� NOR'I'H OF GARDENA AVEIVUE AI�,'D EASr OF OAKW�OD MAI�R.
BY $AIT.,EY TILLER•
NDTZON b� (buncilman Schr�eic3er to acbpt Resolution No. 27-1957 and waive the
�ark fee. Seoonded by Councilwainan Jorgenson. Upon a voice vote, all
voting aye, N�yor Nee aeclared the motion carried urianimously.
13. RECEIVING THE MINtJTES OF THE PLAtJNZI� �"iPdISSZON MEETING OF MARCH 11, 19$7•
A. QQNSIDERATION 0� A REZONING. ZOA #87-OI. � REZONE �'ROM R-3.;
CENERAL MULTIPLE DFti'ELLII�. � C-2. GENERAL BUSINESS. ON TATS
?� AND 24 TOGEI'E�R WITH 1/2 VACATED AI,LEY. BL�OCK 6. FRIDY�EY
PARK Tf� BE R AD N E Y N
AUIV BODY:
rDTION b� Co�mcilman EYtz�atrick to set the public h ring on this rezoning
request, ZOA �87-01, for Agril 6, 1987. Seo�nc3ed Cou�cilwanan Jorgen9on.
Upon a voioe vote, all voting aye, Mayor Nee de ared the motion carried
unanimously.
B. RECEIVII�U THE MIN[fl'ES OF Ti� APPEALS COMMISSION MEE.TII� OF
MARCH 3� �987:
B-1. N ERA ON
D Y THE RID E
�.T N
E N ART E
SAME BEING 5772 7TH SI'REET N. . . BY L�AN BF.�MAN:
NDTION b� m�icilwaman Jorge n to table this item to the next regular
meeting on Agril 6, 1987. nded b� Gbuncilman Schneic3er. Upon a voice
vote, all voting aye, Ma� Nee c3eclared the motion carried unanimously.
rnTION by Councilman �chneider to receive the minutes of the Planning
Conunission meeting of I� rch 11, 1987. Sea�nc3ed b� (buncilwoman Jorgenson.
Up�n a voioe vote, aY� voting aye, Mayor Nee declared the motion carried
unanimously. /
15. RECEIVING THE M�,1ViTi*F'S OF THE (�iARTER QO1��N7.ISSION N'1EE'I'ING OF JANUARY 12. 1987•
. �
NDTI�C?N b� Co�ncilwaman Jorgenson to reoeive the minutes of the Charter
Cbnunission eeting of Jarn.ary Z2, 198'7. Se�nded b� Councilman Schneider.
Upon a vo'oe vate, all voting aye, Mayor Nee declared the motion carried
unanimo ly.
16. ERAT N F AY�RD I�T�RA Tp A
OLE A �'R•
. A'�. Flora, Riblic Works Director, stated three hids were received for this
equignent and the law bidder was RGS Industries for a total bid of
$25,436.74 which inclucies $22,903.74 for t-he pothole patcher and $3,533.00
� -12-
3.64
! ' �
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 3 1994 PAGE 13
ture in the flood fringe district. He stated that the petitioner
wishes to construct a 26 foot by 30 foot garage on the east por 'on
of the lot. He stated that the Planning Commission reco ended
approval of this request with five stipulations.
Mr. Hickok stated that the petitioner also applied r a variance
to reduce the setback of the proposed accessor structure from
30 feet to 19 feet from the side street. stated that the
Appeals Commission unanimously approved the riance.
Mr. Hickok stated that staff recommends oncurrence with the Plan-
ning Commission recommendation for proval of this special use
permit.
MOTION by Councilwoman Bol m to grant Special Use Permit,
SP #94-13, with the follow' g stipulations: (1) the petitioner
shall provide a hard sur ce driveway by October 3 , 1995; (2.) the
structure shall be a itecturally compatible with the existing
dwelling; (3) the ccessory structure shall be floodproofed in
accordance with urrent regulations; (4) the petitioner shall
execute and r ord against the property a hold harmless agreement
indemnifyi the City from, liabil�ty should flood damage to the
structur occur; and (5) the petitioner shall dedicate an 11 foot
floo ontrol street and utility easement along the west property
li . Seconded by Councilman Schneider. Upon a voice vote, all
voting aye, Mayor Nee declared the motion carried unanimously.
C. RESOLUTION NO. 85-1994 APPROVING A SUBDIVISION LOT SPLIT
L.S. #94-05, TO SPLIT ONE PROPERTY INTO TWO SEPARATE PARCELS,
GENERALLY LOCATED AT 1535 GARDENA AVENUE N.E. (BY BAILEY
TILLER) (WARD 2) :
Mr. Hickok, Planning Coordinator, stated that this is a request for
a lot split for the property at the northeast quadrant of Gardena
Avenue and Oakwood Manor. He stated that the property is zoned
R-1, the lot was once described as Lot 20, Auditor's Sub-division
92 , and is now a series of lots occupied by three homes and four
accessory buildings (1535 Gardena Avenue, 1555 Gardena Avenue and
5925 Oakwood Manor) .
Mr. Hickok stated that in 1964, Mr. Bailey Tiller requested a
subdivision which was approved to divide the property in a north/
south direction. He stated that in 1965, a further subdivision was
requested to split the southern parcel into two lots. He stated
that Mr. Tiller' s original homestead existed on one of the southern
parcels. He stated that, unfortunately, the lot split approved in
1965 was not recorded but was brought to the attention of staff in
1987 .
Mr. Hickok stated that in 1987 , this item was before the Council
for reconsideration of the lot split and was approved. He stated
that the legal descriptions given at the time of the 1987 review
- � � `
FRIDLEY CITY COIINCIL MEETING OF OCTOBER 3, 1994 PAGE 14
indicated two clearly defined lots. He stated that the Oakwood
Manor lot was clearly separated by its legal description and is not
part of the current lot split consideration.
Mr. Hickok stated that this lot split request would solidify and
accomplish what Mr. Tiller wanted in 1965 and would separate
Parcel B. He stated that the standard lot width for this zoning
district is 75 feet, and this newly divided lot would only be
74-1/2 feet wide. He stated that it is staff's opinion that this
variance of one half foot would not be visible from the street.
He stated that the lot size exceeds the requirements.
Mr. Hickok stated that there are four accessory structures on the
property, and Stipulation No. 2 would require a verification survey
to determine setback distances. He stated that the lot split also
allows a three-year window for this subdivision to be recorded.
Mr. Hickok stated that the Planning Commission recommended approval
with seven stipulations and staff. concurs.
Councilman Schneider asked if someone could build on the site
leaving the existing structures and still meet code requirements.
Mr. Hickok stated that there could be restraints on the building
design, but it could fit on the lot. He stated that it would,
however, have to be architecturally compatible.
Councilman Schneider stated that once the lot is developed into
residential use, if the code is met and it is architecturally
compatible, he does not have a problem. However, he would not want
these structures to be "grandfathered. "
Mr. John Tiller stated that he was speaking on behalf of his
father, Bailey Tiller. He stated that his father wishes the struc-
tures to remain, and it would be the decision of the person who
purchases the lot whether they want to remove the structures.
Councilman Schneider stated that Council has been trying to upgrade
the residential neighborhoods and wanted to make sure any construc-
tion would meet current building code and setbacks. He stated that
a home would have to be architecturally compatible. He is also
assuming that a home would not be concrete block to be compatible
with the existing structure.
Mr. John Tiller stated that his father did not want these stipula-
tions, as he felt he had already been granted the lot split and is
only seeking re-approval.
Mr. Herrick, City Attorney, stated that if someone applies for a
building permit they may have to reside the garage in order for it
to be compatible with a new home.
.. ' �•
i
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 3 1994 PAGE 15
Councilman Schneider asked what happens with the existing struc-
tures once the lot split is approved. He also asked if the City
can require that they be within the current setbacks.
Mr. Herrick stated that the existing structures may be considered
"grandfathered, " but there would be control, as the person who
purchases the lot will have to meet the setbacks, If this cannot
be done it would require a variance application.
Ms. Dacy stated that the issue at the time a building permit is
requested would be the lot coverage. She stated that depending on
the construction, there may be a variance request in the future.
She stated that she knows this is unusual because there typically
are not accessory structures existing on a lot before the main
structure.
Mr. Burns, City Manager, stated that it seemed unusual that the
concrete structure would be only three feet from the property line.
Ms. Dacy stated that is the reason staff is requiring Stipulation
No. 2 to verify the setback distances.
Councilman Schneider stated that he wished the record to indicate
it is Council 's intent when this lot is developed that it would
comply with the code or the petitioner would proceed with the
variance process.
MOTION by Councilman Schneider to adopt Resolution No. 85-1994,
with the following stipulations attached as. Exhibit A: (1)
approval of a variance to the lot width requirement of 75 feet to
allow the creation of this 74.51 foot wide lot; (2) a verification
survey will be required to determine setback distances; (3) all
accessory structures may continue to exist, but shall not be
occupied; (4) Lot Split #94-05 shall be recorded by October 3 ,
1997, or prior to transfer of ownership, whichever occurs first;
(5) a park dedication fee of $750.00 shall be paid prior to the
issuance of a building permit for this parcel; (6) the property
owner shall be responsible for the installation of separate sewer�
and water to accommodate a new residence on the newly created lots;
and (7) a 20 foot utility easement shall be dedicated across the
Oakwood Manor (west) end of the newly created lot, and the lot at
the corner of Oakwood Manor and Gardena Avenue, adjacent to the
right-of-way. Seconded by Councilman Billings. Upon a voice
vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
.-,,'
4 . RECEIVE AN ITEM FROM THE APPEALS CdMMISSION MEETING OF
SEPTEMBER 13 , 1994 :
A. VARIANCE REQUEST, VAR #94-24 , �y� WILLIAM C. FORSTER CORPORA-
�
TION, TO INCREASE THE MAXIM,�T�'1 SQUARE FOOTAGE OF A SIGN FROM
80 SQUARE FEET TO 96 SQ17ARE FEET, GENERALLY LOCATED AT
5277 CENTRAL AVENUE N.E, (GROUND ROUND RESTAURANT) (WARD 1) :
Mr. Hickok, Planning Coo�$inator, stated that this is a request for
a variance for a sign '�t Ground Round Restaurant at 5277 Central
� ' �
FRIDLEY CITY COIINCIL MEETING OF OCTOBER 3, 1994 PAGE 16
Avenue N.E. He stated that the current sign is 120 square feet,
and the new sign would be 96 square feet. He stated that in 973 ,
Ground Round received a variance to allow installatio of a
96 square foot sign. A 24 square foot readerboard w later
approved and added to the existing 96 square foot sign. e stated
that in 1992, a variance was granted to allow the cont' uation of
the 120 square foot sign but to modify the reader oard to be
internally lit.
Mr. Hickok stated that the Appeals Commission un imously recom-
mended approval of this variance without stipula ions. He stated
that staff concurs with this recommendation a d also recommends
that five stipulations be added which he outl ' ed.
MOTION by Councilman Billings to grar�� Variance Request,
VAR #94-24, with the following stipulatior�'s and remain in effect
until: (1) the sign is altered in any� way except for routine
maintenance and change of inessages whi .�rfi makes the sign less in
compliance with the requirements of Ch ter 214 than it was before
the alterations; (2) the supporting�structure of the sign is
replaced or remodeled; (3) the fac�j' of the sign is replaced or
remodeled; (4) the sign becomes d��lapidated or damaged, and the
cost of bringing it into complianr� is more than fifty percent of
the value of said sign, at whiqh time all of the sign and its
structure be removed; and (5) �'►otwithstanding Stipulation No. 1
above, upon change of name of/business being displayed outside.
Seconded by Councilwoman Bol}C�com. Upon a voice vote, all voting
aye, Mayor Nee declared the �fiotion carried unanimously.
5. CONSIDER REQUEST TO END CHAPTER 213 OF THE FRIDLEY CITY CODE
(FENCES) : �
Ms. Dacy, Community �velopment Director, stated that at the
September 6, 1994 ouncil meeting, Mr. Bruce Ackland, Vice
President of Certi ed Auto Recovery at 3737 East River Road
requested that the ity consider amending Chapter 213 of the City
Code to permit fe es charged with an electrical current.
Ms. Dacy stated hat staff has contacted seven neighboring commu-
nities. Four ities prohibit electrical fences, and three do not
specifically ddress this issue. She stated that the League of
Minnesota Ci�ies was also contacted, and staff is waiting for their
reply. She/stated that staff contacted five of the eight commun-
ities whic�l� Mr. Mullis of Sentry Security Systems recommended. She
stated th�t these are located across the country. Three communi-
ties have adopted restrictions after the fact, and two of the
countie,s do not specifically address electric fences.
Ms.�cy stated that in reviewing the zoning map and the location
of ommercial and industrial districts in relation to residential
dis`tricts, electric fences should be allowed only in industrial
districts as a special use permit and at a reasonable distance form .
� RESCI,Ui'I1DN NU. 27 - 1987
RFS(H,DTION APPROVIl� A SDBDIVISION, LOT SPLIT, L.S.
#65-�03, ZO S�IT LOT 20, ADD�TOR'S S�DIIVISIO�I N�D. 92 IN�D
'IyIA SF•�RA'I'F PA�($S
WHEREAS, the City Council approved a lot split at the June 21, 1965 meeting;
and
WHII2EAS, such approval was to split Lot 20, Auditor's Subdivision No. 92 into
two se�arate �rcels. One being that part of the south half of that part of
Lot 20, Auditor's Subdivision No. 92 , Anoka County, Minnesota, which lies
north of the south 178 feet of said Lot 20, except the westerly 20 feet.
Together with that part of the south 178 feet of said Lot 20 lying west of the
east 75 feet of said Lot 20, subject to easements of record. The other being
that �rt of the south 178 feet of the east 75 feet of Lot 20, Auditor's
Subdivision No. 92, Anoka County, Minnesota, subject to easements of record;
and '
WHEREAS, the City has received the required Certif icate of Survey from the
awne r; and
WI�REAS, such approval will create two seg�rate residential buil ding sites.
D�4d, THEREFbRE, BE IT RFSOLVID that the City Council airects the County of
Anoka to record this lot split withir� six months of this approval or else such
approval shall be null ana void.
PASSED AND ADOF'rED BY THE CITY �UI��CIL OF THE CITY OF FRII)I,EY THIS 23RD I]�Y OF
r1ARCH, 1987 �
: � .
WILL IAM J. MAYOR
ATTEST:
� �: /�� �,c�.
SEiIRLEY A �PALA - CITY CGERK
.s.—.ri.,ar
� � �
�UT�ON N0. 27 — 198?
A RESO�,tTPION APPROVING A SQBDIVISION, I�(YP SPLIT� L.S.
�65--03, TO SI�,1T LOPP 20, At7DITDR'S 9�DIVI5I�0[�I N0: 92 IPtiD
ZWO SF�IRAZE Pf�R�Z.S
WN�EP.EILS, the City Coimcil apFxwed a lot split at the J�me 21, 1965 meeting;
and
W��tF'AS, such apprwal was to split Lot 20, Auditor's Subdivision No. 92 into
two seFarate Faroels. One being that part of the South 178 feet of Lot 20,
Auditor's Subdivision No. 92, Anoka Cbunty, Minnesota, lying West of the East
75 feet of said Lot 20, subject to eas�nerrts for rQad purposes over the South
30 feet thereof and over the i�7est 10 feet thereof. 7he other being the South
178 feet of the East 75 feet of Lot 20, Auditor' s Subdivision No. 92, Anoka
CA�ty, Niinnes�ta, subject to an easement for road purposes over the South 30
feet thereof; and
WHEREAS, the City has reoeived the required Certifica�e of Survey from the
c�ar�er; and
w��tE'AS, such approval will create two se�arate residential building sites.
NOw, �IEREFURE, BE IT RESQ,VID that the City Council di rects the County of
Anoka to reo�rd this lot split within six months of this appraval or else such
appraval shall be null and void.
A�SSID AND AD�Pi'ED BY �3E QTY OJUNCII� OF' THE CITY OF F�tII:GEY �iIS 23RD II�,Y
OF _� MARCH_____, 1987
WILLIAM J. t�E - I�1YOR�—
P,ZTFST:
3�iIRLEY A. HAAPALA - CITY CLII2R
7/3/4
3.65
��TYO�
F�ZII�LE�{
C[VIC CENTER • 6-331 UI�JIVERSITY AVE. N.E. FRIDLEY,M[NNESOTA 55432 • PHONE(612)571-3450
CITY OOUNCIL
ACTION 7AKEN l�X7TICE
Bailey Tiller March 25, 1987
1JJJ \7G1LUCiY1 tiVCn�lE iW �M
Fridiey, rN 55432
On Mardz 23, 1987 the Fridtey City (b�cil officially approved your request
for a Lot Sglit, L.S. #65-03, to sglit Lot 20, Auditor's Subdivision No. 92
into two separate paroels. One being that part of the south half of that
�rt of Lot 20, Auditor's Subdivision No. 92, Anoka Co�mty, Miru�esota, which
lies �rth of the soutl� 178 feet of said Lot 20, except the westerly 20 feet.
Zbgether with that part of the south 178 feet of said Lot 20 lying west of
the east 75 feet of said Lot 20, subject to eas�nents of record. The other
being that part of the south 178 feet of the east 75 feet of Lot 20,
Auditor's Subdivision No. 92, Anoka Co�.mty, Minnesota, subject to easements
of rec�rd with the follawing stipulations:
None.
If you have any questions regarding the above action, please call the
Planning DeFartrnent at 571-3450.
Sincerely,
� �
�,,,��c,,,. , �r�'✓�✓
Jar,es L. lmbinson
, Flanning Coordir�tor
JLF;/c�n
Please review the noted stipulations, sic� the statanent belaa and return one
oopy to the City of Fridley Planning DeFartrnent b� April 8, 1987.
/:� � i
; 1 l � /
j��L'', � ' r� LL'%'L--
Concur w' action taken
3.63
r �
RESOLUTION NO. - 1994
RESOLUTION APPROVING A 3UBDIVISION� LOT
SPLIT, L.S. #94-05, TO SPLIT ONE PROPERTY
INTO TWO 3EPARATE PARCELS, GENERALLY LOCATED
AT 1535 GARDENA AVENUE N.E.
WHEREAS, the City Council approved a lot split at the October 3,
1994 meeting, with stipulations attached as Exhibit A; and
WHEREAS, such approval was to split one property into two
separate lots as follows:
Parcel A: The south one-half of that part of Lot 20,
Auditor's subdivision No. 92 in Anoka County,
Minnesota, which lies North of the South 178 feet
of said Lot 20, except the westerly 20 feet of
that part of said Lot 20 above described.
Parcel B: The South 178 feet of Lot 20, Auditor's
Subdivision no. 92 , Anoka County, Minnesota,
Except the East 75 feet thereof.
These properties are generally located at 1535 Gardena Avenue
N.E.
WHEREAS, the City has received the required Certificate of Survey
from the owner; and
WHEREAS, such approval will create two separate parcels.
NOW THEREFORE, BE IT RESOLVED, that the City Council directs the
petitioner to record this lot split at Anoka County within three
years 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 3RD DAY OF OCTOBER, 1994 .
WILLIAM J. NEE - MAYOR
ATTEST:
WILLIAM A. CHAMPA - CITY CLERK
Page 2 - Resolution No. - 1994
EXHIBIT A
1. Approval of a variance to the lot width requirement of 75
feet to allow the creation of this 74 . 51 foot wide lot.
2 . A verification survey will be required to determine setback
distances.
3 . Al1 accessory structures may continue to exist, but shall
not be occupied.
4 . Lot Split request, L.S. #94-05, shall be recorded by October
3 , 1997, or prior to transfer of ownership, whichever occurs
first.
5. A park dedication fee of $750. 00 shall be paid prior to the
issuance of a building permit for this parcel.
6. The property owner shall be responsible for the installation
of separate sewer and water to accommodate a new residence
on the newly created lots.
7. A 20 foot utility easement shall be dedicated across the
Oakwood Manor (west) end of the newly created lot, and the
lot at the corner of Oakwood Manor and Gardena Avenue,
adjacent to the right-of-way.
_
_
CITY OF
FRt DLEY
FRIDLEY MUNICIPAL CENTER•6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432•(612)571-3450• FAX (612)571-1287
APPEALS COMMISSION
ACTION TAKEN NOTICE
October 7, 1994
John Tiller
1538 Gardena Avenue N.E.
�T'1CwlcY� Mi� 57432
Dear Mr. Tiller:
On October 3, 1994, the Fridley City Council officially approved
your request for a lot split, L.S. #94-05, to create a single
family lot between the properties addressed as 1535 Gardena
Avenue and 5925 Oakwood Manor. The legal descriptions for the
two lots are as follows:
Parcel A•
The south one-half of that part of Lot 29, Auditor's Subdivision
No. 92 in Anoka County, Minnesota, which lies North of the South
178 feet of said Lot 20, except the westerly 20 feet of that part
of said Lot 20 above described.
Parcel B•
The South 178 feet of Lot 20, Auditor's Subdivision No. 92, Anoka
County, Minnesota, Except the East 75 feet thereof
Approval of this lot split request is based on the following
stipulations:
1. Approval of a variance to the lot .width requirement of
75 feet to allow the creation of this 74. 51 foot wide
lot.
2 . �A verification survey will be required to determine
setback distances.
3 . All accessory structures may continue to exist, but
shall not be occupied.
John Tiller
October 7, 1994
Page 2
4 . Lot Split request, L.S. #94-05 shall be recorded by
October 3, 1997, or prior to transfer of ownership,
whichever occurs first.
5. A park dedication fee of $750.00 shall be paid prior to
the issuance of a building permit for this parcel.
6. The property owner shall be respo�sible for the
installation of separate sewer and water to accommodate
a new residence on the newly created lots.
7. A 20 foot utility easement shall be dedicated across
the Oakwood �anor (westj eiid oi trie newly createu lot,
and the lot at the corner of Oakwood Manor and Gardena
Avenue, adjacent to the right-of-way.
If you have any questions regarding the above action, please call
me at 572-3599.
Si erel ,
S tt Hickok
anning Coordinator
SH/da
cc: Bailey Tiller �`
Please review the above, sign the statement below and return one
copy to the City of Fridley Planning Department by October 21,
1994.
,-�
� ,,{`�� `'����'��
Concur w' h action taken.
�
` �
STATE OF MINNESOTA ) CITY COIINCIL PROCEEDINGS
COUNTY OF ANOKA ) PLAT/LOT SPLIT
CITY OF FRIDLEY )
In the Matter of: a lot split, L.S. ��94-05
Owner: Bailey A. and Marie M. Tiller
The above entitled matter came before the City Council of the City of Fridley
and was heard on the 3rd day of october , 19 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 Lot 20, Auditor's Subdivision No. 92 into two separate parcels. Please
see attached for legal description. Generally located at 1535 Gardena Avenue N.E.
ay - � o - �.�-- ii - o � 3c�
� I a� �
IT IS ORDERED that a plat/lot split be granted as upon the following .
conditions or reasons:
Approval with seven stipulations. See City Council meeting minutes of October 3, 1994.
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
, 19 �I�c .
DRAFTED BY:
City of Fridley .
6431 University Avenue N.E. .� ��.� �;.�,��,�
Fridley, MN 55432 � � �
T ���L=
� fi� • �
�,'.�� .l t�,►�. ����,� � � �
William A. Champa, Cit C�erJ� �
� ' (�SEALj
ry
a�
� �
� � <l-%",,y a � .,#
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. ' ,::;�"�"a...s�ne ,.:^Y`�.�
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�
, FRIDLEY CITY COUNCIL MEETING OF OCTOBER 3 1994 PAGE 13
ture in the flood fringe district. He stated that the petitioner
wishes to construct a 26 foot by 30 foot garage on the east portion
of the lot. He stated that the Planning Commission�recommended
approval of this request with five stipulations. �
Mr. Hickok stated that the petitioner also applied for a variance
to reduce the setback of the proposed accessory structure from
30 feet to 19 feet from the side st�eet. He stated that the
Appeals Commission unanimously approv'ed the variance.
Mr. Hickok stated that staff recommends concurrence with the Plan-
ning Commission recommendati ri for approval of this special use
permit.
MOTION by Councilwom Bolkcom to grant Special Use Permit,
SP #94-13, with the ollowing stipulations: (1) the petitioner
shall provide a h d surface driveway by October 3, 1995; (2) the
structure shall e architecturally compatible with the existing
dwelling; (3 the accessory structure shall be floodproofed in
accordance ith current regulations; (4) the petitioner shall
execute a record against the property a hold harmless agreement
indemni ing the City from. liability should flood damage to the
struc re occur; and (5) the petitioner shall dedicate an 11 foot
flo control street and utility easement along the west property
1 ' e. Seconded by Councilman Schneider. Upon a voice vote, all
( oting aye, Mayor Nee declared the motion carried unanimously.
C. RESOLUTION NO. 85-1994 APPROVING A SUBDI`�ISION LOT SPLIT
L.S. #94-05, TO SPLIT ONE PROPERTY INTO TWO SEPARATE PARCELS
GENERALLY LOCATED AT 1535 GARDENA AVENUE N E (BY BAILEY
TILLER) (WARD 2) :
Mr. Hickok, Planning Coordinator, stated that this is a request for
a lot split for the property at the northeast quadrant of Gardena
Avenue and Oakwood Manor. He stated that the property is zoned
R-1, the lot was once described as Lot 20, Auditor's Sub-division
92 , and is now a series of lots occupied by three homes and four
accessory buildings (1535 Gardena Avenue, 1555 Gardena Avenue and
5925 Oakwood Manor) .
Mr. Hickok stated that in 1964, Mr. Bailey Tiller requested a
subdivision which was approved to divide the property in a north/
south direction. He stated that in 1965, a further subdivision was
requested to split the southern parcel into two lots. He stated
that Mr. Tiller's original homestead existed on one of the southern
parcels. He stated that, unfortunately, the lot split approved in
1965 was not recorded but was brought to the attention of staff in
1987 .
Mr. Hickok stated that in 1987, this item was before the Council
� for reconsideration of the lot split and was approved. He stated
� that the legal descriptions given at the time of the 1987 review
�
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 3 1994 PAGE 14 �
indicated two clearly defined lots. He stated that the Oakwood
Manor lot was clearly separated by its legal description and is not
part of the current lot split consideration.
Mr. Hickok stated that this lot split request would solidify and
accomplish what Mr. Tiller wanted in 1965 and would separate
Parcel B. He stated that the standard lot width for this zoning
district is 75 feet, and this newly divided lot would only be
74-1/2 feet wide. He stated that it is staff's opinion that this
variance of one half foot would not be visible from thz street.
He stated that the lot size exceeds the requirements.
Mr. Hickok stated that there are four accessory structures on the
property,. and Stipulation No. 2 would require a verification survey
to determine setback distances. He stated that the lot split also
allows a three-year window for this subdivision to be recorded.
Mr. Hickok stated that the Planning Commission recommended approval
with seven stipulations and staff concurs.
Councilman Schneider asked if someone could build on the site
leaving the existing structures and still meet code requirements.
Mr. Hickok stated that there could be restraints on fhe building
design, but it could fit on the lot. He stated that it would, �
however, have to be architecturally compatible.
Councilman Schneider stated that once the lot is developed into
residential use, if the code is met and it is architecturally
compatible, he does not have a problem. However, he would not want
these structures to be "grandfathered. " �
Mr. John Tiller stated �that he was speaking on behalf of his
father, Bailey Tiller. He stated that his father wishes the struc-
tures to remain, and it would be the decision of the person who
purchases the lot whether they want to remove the structures.
Councilman Schneider stated that Council has been trying to upgrade
the residential neighborhoods and wanted to make sure any construc-
tion would meet current building code and setbacks. He state3 that
a home would have to be architecturally compatible. He is also
assuming that a home would not be concrete block to be compatible
with the existing structure.
Mr. John Tiller stated that his father did not want these stipula-
tions, as he felt he had already been granted the lot split and is
only seeking re-approval.
Mr. Herrick, City Attorney, stated that if someone applies for a
building permit they may have to reside the garage in order for it
to be compatible with a new home.
�,�.
1
�'
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 3 1994 PAGE 15
Councilman Schneider asked what happens with the existing struc-
tures once the lot split is approved. He also asked if the City
can require that they be within the current setbacks.
Mr. Herrick stated that the existing structures may be considered
"grandfathered, " but there would be control, as the person who
purchases the lot will have to meet the setbacks, If this cannot
be done it would require a variance application.
Ms. Dacy stated that the issue at the time a building permit is
requested would be the lot coverage. She stated that depending on
the construction, there may be a variance request in the future.
She stated that she knows this is unusual because there typically
are not accessory structures existing on a lot before the main
structure.
Mr. Burns, City Manager, stated that it seemed unusual that the
concrete structure would be only three feet from the property line.
Ms. Dacy stated that is the reason staff is requiring Stipulation
No. 2 to verify the setback distances.
Councilman Schneider stated that he wished the r.ecord to indicate
it is Council 's intent when this lot is developed that it would
comply with the code or the petitioner would proceed with the
variance process.
MOTION by Councilman Schneider to adopt Resolution No. 85-1994,
with the following stipulations attached as Exhibit A: (1)
approval of a variance to the lot width requirement of 75 feet to
allow the creation of this 74. 51 foot wide lot; (2) a veri�ication
survey will be required to determine setback distances; (3) all
accessory structures may continue to exist, but shall not be
occupied; (4) Lot Split #94-05 shall be recorded by October 3,
1997 , or prior to transfer of ownership, whichever occurs first;
- (5) a park dedication fee of $750. 00 shall be paid prior to the
issuance of a building permit for this parcel; (6) the property
owner shall be responsible for the installation of separate sewer
and water to accommodate a new residence on the newly created lots;
and (7) a 20 foot utility easement shall be dedicated across the
Oakwood Manor (west) end of the newly created lot, and the lot at
the corner of Oakwood Manor and Gardena Avenue, ad�acent to the
right-of-way. Seconded by Councilman Billings. Upon a voice
vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
4 . RECEIVE AN ITEM FROM THE APPEALS COMMISSION�-MEE�ING OF
SEPTEMBER 13 , 1994 : �y��'
A. VARIANCE RE UEST VAR 94-24 BY WIL �M C. FORSTER CORPORA-
; '`"- TION TO INCREASE THE MAXIMUM S U E FOOTAGE OF A SIGN FROM
80 S UARE FEET TO 96 S UAR EET GENERALLY LOCATED AT
5277 CENTRAL AVENUE N.E. G ND ROUND RESTAURANT WARD 1 :
Mr. Hickok, Planning Coordi tor, stated that this is a request for
a variance for a sign a Ground Round Restaurant at 5277 Central
r •
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 3 1994 PAGE ,
Avenue N.E. He stated that the current si n is 120 s uare f et �
g q �
and the new sign would be 96 square feet. He stated that in 973 ,
Ground Round received a variance to allow installation of a
96 square foot sign. A 24 square foot readerboard wa later
approved and added to the existing 96 square foot sign. e stated
that in 1992 , a variance was granted to allow the conti ation of
the 120 square foot sign but to modify the readerb ard to be
internally lit.
Mr. Hickok stated that the Appeals Commission una 'mously recom-
mended approval of this variance without stipulat' ns. He stated
that staff concurs with this recommendation an also recommends
that five stipulations be added which he outlin d.
MOTION by Councilman Billings to grant Variance Request,
VAR #94-24, with the following stipulation and remain in effect
until: (1) the sign is altered in any ay except for routine
maintenance and change of inessages whic makes the sign less in
compliance with the requirements of Cha er 214 than it was before
the alterations; (2) the supporting structure of the sign is
replaced or remodeled; (3) the face of the sign is replaced or
remodeled; (4) the sign becomes di apidated or damaged, and the
cost of bringing it into complianc is more than fifty percent of
the value of said sign, at whic time all of the sign and its
structure be removed; and (5) twithstanding Stipulation No. 1 r
above, upon change of name of usiness being displayed outside. t,
Seconded by Councilwoman Bol om. Upon a voice vote, all voting
aye, Mayor Nee declared the otion carried unanimously.
5. CONSIDER RE UEST TO ND CHAPTER 213 OF THE FRIDLEY CITY CODE
(FENCES) •
Ms. Dacy, Community evelopment Director, stated that at the
September 6, 1994 ouncil meeting, Mr. Bruce Ackland, Vice
President of Cert' ied Auto Recovery at 3737 East River Road
requested that th City consider amending Chapter 213 of the City
Code to permit f nces charged with an electrical current.
Ms. Dacy stat that staff has contacted seven neighboring commu-
nities. Fou cities prohibit electrical fences, and three do not
specificall address this issue. She stated that the League of
Minnesota ities was also contacted, and staff is waiting for their
reply. S e stated that sta�f contacted five of the eight commun-
ities wh ch Mr. Mullis of Sentry Security Systems recommended. She
stated hat these are located across the country. Three communi-
ties ave adopted restrictions after the fact, and two of the
count es do not specifically address electric fences.
Ms. acy stated that in reviewing the zoning map and the location
o commercial and industrial districts in relation to residential
istricts, electric fences should be allowed only in industrial ;
districts as a special use permit and at a reasonable distance form �(,, .
RESOLUTION NO. 85 - 1994
RBSOLUTION APPROVINd A SUSDIVISION, LOT SPLIT, L.S. �94-05�
TO SPLIT ON8 PROPBRTY INTO TWO 88PARATE PARCSLS, a8N8RALLY
LOCATSD AT 1535 OARDENA AVBNUE N.E.
WHEREAS, the City Council approved a lot split at the October 3, 1994 meetinq, with
stipulations attached as Exhibit A; and
WHEREAS, such npproval was to split one property into two separate lots as follows:
Parcel A: The south one-half of that part of Lot 20, Auditor'e subdivision
No. 92 in Anoka County, Minnesota, which lies North of the South
178 feet of said Lot 20, except the westerly 20 feet of that pert
of said Lot 20 above described.
Parcel B: The South 178 feet of Lot 20, Auditor's Subdivision no. 92, Anoka
County, Minnesota, Sxcept the East 75 feet thereof.
These properties are generally located at 1535 Gardena Avenue N.E.
WHEREAS, the City has received the required Certificate of Survey from the owner; and
WHEREAS, such approval will create two aeparate parcels.
NOW THEREFORE, BE IT RESOLVED, that the City Council directs the petitioner to record
this lot split at Anoka County within three yenrs of this approval or elae auch
npproval shall be null and void.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 3RD DAY OF OCTOBER�
1994.
WILLIAM J. NEE - MAYOR
ATTEST:
WILLIAM A. CHAMPA - CITY CLSRR
. �
Page 2 -- Resolution No. 85 - 1994
EXHIBIT A
1. Approvnl of a variance to the lot width requirement of 75 feet to allow the
creetion of this 74.51 foot wide lot.
2. A verification survey will be required to determine setback distances.
3. All accessory structures may continue to exist, but shall not be occupied.
4. Lot Split request, L.S. #94-05, shall be recorded by October 3, 1997, or prior
to transfer of ownership, whichever occurs firat.
5. A park dedicntion fee of $750.00 shall be paid prior to the issuence of a
building permit for this parcel.
6. The property owner shall be responsible for the installation of separate sewer
and water to accommodnte a new residence on the newly created lots.
7. A 20 foot utility easement shall be dedicated across the Oakwood Manor (west)
end of the newly created lot, end the lot at the corner of Oakwood Manor and
Gardena Avenue, adjacent to the riqht-of-way.
.! .
���P�* 11 y y z �Cer[itiad CoPY
p � �T�L��n���=9�593 DOCUMENT N0.�-2 O S 2 O S . O ABSTRACT
C)xs«�fYVme� � ZD !�o �'� (`�t�,,�IJ,Cn.Uoc.Ta,x Faid
�.o��f�_ _ /_o� / -g --�"�' ANOKA COUNTY MINNESOTA
�' ��Trnnsfnr �h�3w I HEREBY CERTIFY THAT THE WITHIN WSTRUMENT WAS FILED IN THIS OFFICE
^?,�o�:;=c�s��y: Fiuna� C;o�c. FEB 2 0 9 6
F-�.�:fir�:abllny,G��Feue:,�� FOR RECORD ON
�Divlsion �GAC AT 4 : 3 0 PM
� qclSnquents Plns �_ L�Ool. $ND YVAS�ULY RECORDED.
� 7lulus FEES AND TAXES IN THE AMOUNT OF 1 y U PAID.
t--.._.o...e _�� 4r.lfiC
aECEiPr No. 9 6 0114 4 2
EDW,4RD M.TRESKA
ANOKA COUNTY PROPERTV TAX ADM/NISTRATOR/RECORDER/REGISTRAR OF TITLES
BLP
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DEPUTV PROPERTY TAXADMINISTRATOR/RECORDER/REGISTRAR OF TITLES