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PS11-01 �" `"" `�: " � Community Development Department �� ` City of Fridley 6431 University Avenue NE Fridley MN 55432 _ _� 763572.3592 Fax: 763.571,1287 .- ����-��J'�'��;'����'� www ci.fridLy.mn.us �._.._._..__.___���.��___�u_._ � _�. _� _. _� _...�._ .... _ SUBDIVISION APPIICATION FOR; Plat X Lot Split .___...........m��... Property fnformation Address� 100-110 Mississippi Place � __ _m,...�.��_.. _ __...__.��... �.__ — -- -__ m__._.._..�.� Anoka County Property Identification Number(PIN�): 15-30 24-42-4067 and 15 30-24-42-0068 Legal Description; Lots 2 and 3,Block 2,Johnson"s River Lane Addition ---- _.�___.._..� _ . .:____..._._.._..._..__.._._....w��... Current Zoning: R3 Square footage of Parcel:, 15,574 SF" "(Proposed Lot 1:5,246 SF; Proposed Lot 2:6,244 SF;East River Road dedication:4,084 SF) Reason for Subdivision{one sentence summary,please attached full description) To rearrange fot lines to correct encroachments and to have new separate parcels with zero lot lines. ..�. _ �.��.�............ ........... Fee/Property Owner fnformation{as it appears on property title) �� **Fee owner must slgn this form prlor to processing ��n k��a�71 e r�Ga � �N�: S`r��e�`'L'r�j `�e�'� �r Name(please print):jBAC Home L�s Servicin�LP,do Carol StuIl�Assistant Vice President _� . __.....__...�_. ...._ Mailing address: Bank ofAmerica e-Learas 2505 W. Chandl�r BIvd�Mail Sto�AZ-805 03-03 : Chandler State. � Zip code; 65224 City: __ _ .. _...__ . Daytime Phone: _��,U..�,�<�Y' Syo?'7 Fax Numu�r ___. ._, ...._.__ � Cell Phone: �� m E-maU address:_�i„^�?I�4f���..,,��k(�,,,L�..!��('t�c � Cd''►'� Signature/Date: l.�v2�1�� y�L �., ��...._..�..... �._ �._.�-- Petitioner Information , Company Name(piease print� _„�-���4u�st&Vennum PLLP _..._..__.___ _. Contact Person's Name (please print): ��mes R.Walston �_ __. ..._._ �_ _. ... _� �_ Mailing address 42�0 IDS Center,80 S. 8th Street __ _... m.._. _._.__._ �ity; wMinneapolis State; MN Zip code: _ 55402 �,_, r�� Daytime Phone;,_612-371„-3244___.___ ,� __.....__ Fax Number: 612-3�1-�7 - ��,._— Cell Phone: ---~- - - E- il address: iwalston lindQuist com _ Signature e; __�.,,w,e_,�., /0•/D' �� __. _____,.,,.�..., _—.___�_W_... .... ..... � ,�,,_,_.�. �_.�..�nw_...��__ _.�___�_ ....�.�._._�. __..._�. � FOR OFFICE USE ONI.Y � '; Fees � Plat; $1,500 for 20 Lots,$15,00 for each additional lot Lot Split: 1,250 �} Application Number; ,��,���D�_._�._ Recelpt#; ,./,S���e� Recelved By: _ Appiication Date:._..__....__—�-Q..-f�-��� _.__ _._._._.`_, _ _...�__. , __�— 15 Day Applicatlon Comp4ete Notificatlon Date:_ (Q_�—c�. Scheduled Planning Commisslon Date: ,, ��:��,� _. _. _._.�. ..�._...�..� _... � Scheduled City Councll Date: �,,�'5�.�!_ _.__ _��.__._ -- � 60 Day Date: ��� �..�-� .. _ _..._ � 60 D�y Extension D te �,,,�..�.,,Q� __..._ � . � � Qoc#3559748 517474.0042 � \.. ` stewart ���� �title of minnesota REAL PROPERTY REPORT FOR THE EXCLUSIVE USE OF Stewart Title Guarant�Company Customer File No.: STG c►aims 023-0146027-10 and 5023-0182693-11 StewaM File No.: 151433 The records in Anoka County,Minnesota,have been searched since October 1Q 1972 at 5:00 A.M.. Abstract Prupc�ly LEUAL llESC121PT10N: Lots 2 and 3,Block 2,Johnson's River Lane Addition,Anoka County,Minnesota. PROPERTY AllDRESS: 100 and 110 Mississippi Place NE,Fridley,MN A search of the real estate records in Anoka County,Minnesota,on the above described property discloses the following: G12ANTEE(S)ON LAST DEED OF RECORD: BAC liome Loans Servicing L.P. OPEN LIENS: Notice of Pendency in the matter of condemnation of certain lands for highway purposes dated 10-6- 1972,filed 10-10-1972,as Document No.37700 L(shown for rel'erence) Final Certificate in the matter of condemnation of certain lands for highway putposes dated 2-14- 1979,filed 4-23-1980,as Document No. 548023. Quit Claim Deed dated 6-22-1987,filed 6-22-1987,as Document No.766303 between Dona Lou Corcoran,single,grantor and William Corcoran,single. Warranty Deed dated 12-12-2001,filed 3-13-2002,as Document No. 1656410,between William Corcoran,single,grantor and Jvnes R.Chandonnet and Cathryn N1. Chandonnel,grantee ll4oitguge in the original principal amount of$228,600.00,dated 12-12-2001,filed 3-13-2002,as Document No. 16�6411,between J:�mes R.Chandonnet and Cathryn A4.Chandonnet,husband and wife, morlgagor,aiid Great Noithern Moilgage Co�poralion,a Miruiesota coiporation,mortgagee. Assiy,�vnent of Mortgage dated 12-12-2001,filed 8-26-2002,as Ducurnent No. 1704100,to Barilcers fI'n�st Company,as trustee. Regarding document no. 1656411. Warranty Deed dated 6-17-2002,filed 3-27-2003,as Document No. 1780512,between James R. Chandonnet and Cathryn Chandonnet,husband and wife,grantor and Renown Construction,Inc.,a Minnesota eorporation,grantee. Quit Claim llae-d datad 3-26-2003,filed 3-27-2003,as llocument No. 1780513,b�twee��Renown Construction,Inc.,a Minnesota corporation,grantor and Bruce Westman and Virginia Wastman, grantee. PaRy Wall Agreement dated 4-1-2003,filed 4-3-2003,as Document No. 1783469,between Bruce Westman and Virginia Westman to public. Notice of Pendency of Proceeding to Foreclose Mortgage dated 2-27-2U04,filed 3-3-2004,as Document No. 1901737. regarding document no. 1656411. Power of Attorney to Foreclose Mortgage recorded as document no. 1656411,by instrument dated 4-5-2004,filed 4-14-2004,as Document No. 1913315 Sherif�'s Certificate of Sale and Foreclosure Record dated 4-28-2004,filecl 4-28-2004,as Document No. 1917097,to Deutsche f3ank Trust Company AmGricas,as Trustee. ' ../ ___stewart r�� � � �title of minnesota �� Anoka County Sheriff's Certificate of Redemption dated 10-1-2004,filed 10-1-2004,as Document No. 1961380 by James R.Chandonnet and Cathryn M.Chandonnet,husband and wife. Mor[gage in the original principal amount of$244,000.00,dated 6-15-2005,filed 6-20-2005,as Document No. 1976035.005,between Bruce G.Westman and Virginia Westman,husband and wife, mottgagor,and"MERS"as nominee for Countrywide Bank,a Division of Treasury Bank,N.A.,a national assoeiation,mortgagee. Mortgage in the original principal amount of$244,000.00,dated 6-15-2005,filed 8-23-2005,as Document No. 1977645.018,betwecn Bruce G.Westman and Virginia Westman,husband and wife, mortgagor,and"MERS"as nominee for Countrytivide Bank,a Division of'I'reasury Bank,N.A.,a national association,mortgagee. Note:this appears that it may be a duplicate recording of 1976035.005. Assignment of Mortgage dated 9-23-2009,filed 9-25-2009,as Document No.2010406.020,to BAC Home L,oans Servicing,L.P. regarding document no. 1976035.005. Notice of Pendency of Proceeding&Power of Attorney to Foreclose Mortgage recorded as document no. 1976035.005,by ii�strument dated 9-23-2009,filed 9-25-2009,as Document No. 2010406.021. Sheriff's Certificate of Sale and Poreclosure Record dated 1-7-2010,filed 1-7-2010,as Document No. 2012466.007. regarding document no. 1976035.005. Sherif�'s Cerliticate of Sale u�id l�orcclosure Record dated 4-29-2010,tiled 5-5-2010,as Dc�cument No.2014909.028. regardittg docimient no. 1976035.005. This Report specifically does not include information relation to: a) Any interest recorded prior to the above date. b) Rights or claims of parties in possession not shown by the public records. c) Minerals and mineral rights. d) Covenants,conditions,restrictions,easements and declarations. e) L,evied ancUor pending special assessments. � Rights of the public or any govemment entity to roads that may encumber the property. TAXES: Taxes for the year 2011 in the amount of$4,206.1 l. They are half paid. Base Tax amount$3,368.04. PIN: 15-30-24-42-0067. Non-Homestead EMV:$207,000.00(Lot 2) There are no delinquent taxes of record. Taxes far the year 2011 in the amount of$4,521.81. They are half paid. Base Tax amount$3,368.04. PIN: 15-30-24-42-0068. Non-Homestead EMV:$204,700.00(Lot 3) There are no delinquent taxes of record. A search of the records were performed against the following names,this search includes Federal Tax Liens,State Tax Liens,Judgment Liens and open Bankiuptcy proceedings: IVames Searched. 13ruce G,Westman Virginia Westman BAC Home Loans Servicing,L.P. James R.Chandonnet and Cathryn M.Chandonnet (Note: No search has been made against any other party,the initial of,or whose names are other than that stated or spelled herein.) Name Search ResWts: Judgment against Bruce Westman, Dated 5-5-2009.docketed 5-5-2009.Case No.02CV089897,in the amount of$116.584.27,in favor of Contractors Capital Cory�oration. � �� stewart ����j� �title of minnesota Jud�nent against Bruce Westman, Dated 8-10-2009,docketed 8-24-2009,Case No.02CV075707,in the amount of$210,000.00,in favor of New Market Bank. .ludgcnent against Bruce G.Westman:md Virginia M.Westman, Dated 5-1�-2009,doeketed 5-27-2009,Case No.02CV09972,in the amount of$167,611.95,in favor of��illagc Rank. Judgment against Bruee G.Westman, Dated 6-12-2009,docketed 6-19-2009,Case No.02CV088565,in the amount of$209,717.55,in favor of Village Bank. Judgment against Bruce G.Westman, Dated 6-27-2011,docketed 6-27-2011,Case No.02CV11890,in the amount of$13,222.81,in favor of Commonwealth Land Title Insurance Company. "1'HIS REYORT IS NOT TI1'LE INSUI2ANCE. This report only provides title infunnation contained in the above stated records and does NOT reflect unindexed or misindexed matters or any unrecorded or off record matters that may aFfect said land. This Company,in issuing this repori assumes no liability un account of any instrument or proceeding in the chei�of title to the property which may contain defects that would render such instnunent or proceedinys null and void or defective. All instruments in the chain of title to the properiy are assumed to be good and valid. 'I'his report is not a commitmant to inswe or the exceptions which would appear in a title policy. The Company's liability for this report is limited to the amount paid for this report and extends only to the party to which il is issued. No other party may rely on this report. This report contains no express or implied opinion,warranty, guarantee,insuranca or other similar assurances as to the status of title to thz]and. Dated: 8/18/2011 at 7:00 A.M. STEWART TITLE OF MINNES07'A,INC. �,�,�--� l�uthorizcd Signatiu�� Office Nwnber: (952)888-fi3S3 _ CfIYOF FR[DLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE.N.E.FRIDLEY,MN 55432 (763)571-3450 • FAX(763)571-1287 • TTD/'TTY(763)572-3534 October 25, 2011 Lindquist &Vennum PLLP Attn:James Walston 4200 IDS Center, 80 S 8th Street Minneapolis MN 55402 Dear Mr. Walston: Per Minnesota Statute 15.99, local government units are required to notify land use applicants within 15 working days if their land use applications are complete. We officially received your application for a Preliminary Plat on October 14, 2011. This letter serves to inform you that your application is complete. Your Preliminary Plat application hearing and discussion will take place at the City of Fridley Planning Commission Meeting on November 16, 2011 at 7:00 P.M. in the City Council Chambers at 6431 University Avenue. The City of Fridley City Council is scheduled to review your Preliminary Plat on December 5, 2011 at 7:30 P.M. Please plan to be in attendance at both of the above referenced meetin�s. If you have any questions regarding this letter or the process, please feel free to contact me at 763-572- 3595. Sin erely, r 1 � i� '{ Sta Stro b rg Planner cc: Bank of America 2505 W. Chandler Blvd., Mailstop AZ-805-03-03 Chandler AZ 85224 PUBLIC HEARING BEFORE THE PLANNING COMMISSION Notice is hereby given that there will be a public hearing of the Fridley Planning Commission at the Fridley Municipal Center, 6431 University Avenue N. E. on November 16, 2011, at 7 : 00 p.m. for the purpose of : Consideration of a Plat, PS #11-01, by Lindquist and Vennum PLLP, for BAC Home Loan Servicing, LP, to reconfigure Lots 2 and 3 , Block 2, Johnson' s River Lane Addition, Anoka County, Minnesota, to create Lots 1 and 2, Block 1, Sarah Addition, generally located at 100 and 110 Mississippi Place NE. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place . Any questions related to this item may be referred to Stacy Stromberg, Planner, at 763-572-3595 . Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no later than November 9, 2011 . The TDD number is 763-572-3534 . The proposed City Council meeting date for this item will be on December 5, 2011. *This date is subject to change depending on the outcome of the Planning Commission meeting. Please confirm City Council date prior to attending the City Council meeting. DAVID KONDRICK CHAIR PLANNING COMMISSION Publish: November 3 , 2011 CITY OF FRIDLEY PUBLIC HEARING NOTICE BEFORE THE PLANNING COMMISSION TO: All property owners/residents within 350 feet of property, generally located at 100 and 110 Mississi i Place NE. CASE NUMBER: Preliminary Plat, PS 11-01 APPLICANT: Lindquist and Vennum PLLP, for BAC Home Loan Servicing, LP Petitioner or re resentative must attend the Plannin Commission meetin . PURPOSE: To reconfigure Lots 2 and 3, Block 2, Johnson's River Lane Addition, Anoka County, Minnesota, to create Lots 1 and 2, Block 1, Sarah Addition. LOCAT/ON OF 100 and 110 Mississippi Place NE PROPERTY AND LEGAL Lot 2 ad 3, Block 2, Johnson's River Lane Addition, Anoka County, DESCR/PTION: Minnesota. DATE AND T/ME OF Planning Commission Meeting: HEAR/NG: Wednesday, November 16, 2011, 7:00 p.m. The Planning Commission Meetings are televised live the night of the meetin on Channel 17. PLACE OF HEARING: Fridley Municipal Center, City Council Chambers 6431 Universit Avenue N.E., Fridle , MN. HOW TO 1. You may attend hearings and testify. PARTICIPATE: 2. You may send a letter before the hearing to Julie Jones, Planning Coordinator, at 6431 University Avenue N.E., Fridley, MN 55432 or FAX at 763-571-1287. SPEC/AL Hearing impaired persons planning to attend who need an ACCOMODATIONS: Interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no later than November 9, 2011. The TDD# is 763-572-3534. ANY QUESTIONS: Contact Stacy Stromberg, Planner, at 763-572-3595. *PROPOSED CITY The proposed City Council meeting Date for this item will be COUNC/L MEET/NG Monday, December 5, 2011. *This date is subject to change DATE: depending on the outcome of the Planning Commission meeting. Please confirm City Council date prior to attending Cit Council meetin . Publish: November 3, 2011 �� c�rYOF Communit Develo ment De artment FR/DLEY y p p Public Hearing Notice � 6 - - , � � �� , 65 �� , , � °cr� , �� , , � � , >� �� �� � �A \' - _ � , , - � �, � ` , I , - ,�� 6`'� \ � , - � 6501 � = �- � � � �` '�� 6g3� � ('. - � � - 6536 ,� - 6540 � � � � 65�6 � ��'� 61 6530 �� �� 6'cs �� ; ��� � � �� 65�� � , � \_ � 6520 ���� ' ��� �� ��� 95 ������ �� ��������� P�'�� �� � � ', �, � � -_ __ _ S S� � �� �- ___ . _ ._ P �S �S , � MISSISSI �s� � � _ � 89 9�' �a `, `�-� , �`�� ; �� 60 '', 61 � _ - 6492 64g6 649 649s ��,P� �� � 80 fi�g4 `� � �I 6468 � - M �� � � � 6�9� � , �p��� ; �� �� o � �� � �V � � ' _ I--- _ , � 6(�82 � — , � co ,_ �,� , 111 � �� ` �� -� � � � 6446 � 6A,�2 'I, � ` r'� �� 643� ' . ' 6470 � �i_ ^ , �6,� � � � , —_ , , ' � 643 � � � � � 6431 , �� , _ j � 645rO � CO � 1 � �, ' ; � � , o � � � � �2� ��� �� 6424 � � � N 6454 � � , � � ,� , 6 � i� �i � - 1 .(� �� _ ___ __ ' 6440 6��` 150 , gQ20 _,- � � � _ I" � 6438 !� � � � _ ��\� � \ _- � � 6409 �i 99 �I 6412 'i \ :--�" � �Q ` __ _ _ � 6431 �� 6414 _ __:� _ ' 3 ,, ; - -- p� g430 __ \ 6408 64T H__ 6� , � 6419 _ \, '�, 98 p° 6p�2� ' _ 6410 '; _ _ rn g418 �� / � o o � � 6417 �` � � � � � � c,, � � � \ I, , � ' � , w , � � c)� � � — — - _ � Q 6416 �', � � � � � � � ', � � �` '�� ' J� --- I � � �� rn � `° ' � � rn � �,, � 79 '� w w A� , � _ ��, _ _ 2 W _ , — - �, �_ _ � �� ��, � � �^ �( - �` � �� i 6350 _- 1_I\ ' � N o � G` � 63 -— _ 1 /2 ' __ � � � �',, � `�, � ,, � , � � �3 __ � m �_ ��� ����� _ _ __ SOURCES Fridley Engineering N Fridley GIS Plat Request, PS#11-01 Anoka County GIS Petitioner: Lindquist 8 Vennum PLLP W E Address: 100-110 Mississippi Place Map Date:October 31, 2011 S MUVUNDAMINA MUSWAMBA SMUDER STEVEN S&JEANNE M BABEKUHL CHRISTOPHER PO BOX 21184 6414 E RIVER RD 6437 E RIVER ROAD COLUMBIA HEIGHTS,MN 55421-0000 FRIDLEY,MN 55432-0000 FRIDLEY,MN 55432 JELAVAROV CHRIS P KHAN ASAD CROIX OIL COMPANY 6477 RIVERVIEW TERRACE 7217 KIMBERLY LN N P O BOX 15 FRIDLEY,MN 55432-0000 MAPLE GROVE,MN 55311 STILLWATER,MN 55082-0000 J PETERSON INC ANOKA COUNTY COMM ACTION PROG BHOLANAT SIBINI 6501 E RIVER RD 1201 89TH AVE NE 6491 RIVERVIEW TERRACE NE FRIDLEY,MN 55432-0000 BLAINE,MN 55434-0000 FRIDLEY,MN 55432-0000 GLUHIC ENES CITY OF FRIDLEY ANOKA COUNTY HOUSING AND REDEVELOPME 10191 ABLE ST NE 6431 UNIV AVE NE 2100 3RD AVE BLAINE,MN 55434-0000 FRIDLEY,MN 55432-0000 ANOKA,MN 55303-0000 HOFFMANN ERIN KIMBLER JOHN SMITH CRAIG 6434 ASHTON AVE NE 80 MISSISSIPPI WAY NE 15460 18TH AVE N UNIT 1404 FRIDLEY,MN 55432-0000 FRIDLEY,MN 55432-0000 PLYMOUTH,MN 55447 MORKRID RICHARD J&K K FREYINGER KLAUS PALM ROSA C&PETERSON TRUSTEE 6461 RIVERVIEW TER NE 8100 12TH AVE S SUITE#200 6421 E RIVER RD FRIDLEY,MN 55432-0000 BLOOMINGTON,MN 55425-0000 FRIDLEY,MN 55432-0000 CLEVE VAN LEIGH GEORGE BRIAN BAC HOME LOANS SERVICING LP 60 MISSISSIPPI WAY NE 6420 EAST RIVER RD 7105 CORPORATE DR,PTX-A-195 FRIDLEY,MN 55432-0000 FRIDLEY,MN 55432-0000 PLANO,TX 75024-0000 THORNTON CAROL L OLSON DONNA SAFO LLC 6489 RIVERVIEW TER NE 140 64 1/2 WAY NE 6520 E RIVER RD NE FRIDLEY,MN 55432-0000 FRIDLEY,MN 55432-0000 FRIDLEY,MN 55432 GODFREY THOMAS G 8�CYNTHIA L MUVUNDAMINA MUSWAMBA FRIDLEY CITY OF 110 64 1/2 WAY NE 3650 2 1/2 ST NE 6431 UNIVERSITY AVE NE FRIDLEY,MN 55432-0000 MPLS,MN 55418 FRIDLEY,MN 55432-0000 FREYINGER RIVERROAD PROPERTIES STIMMLER CYNTHIA MULLER GERALYN 6540 E RIVER RD NE 1087 240TH ST 6431 E RIVER RD FRIDLEY,MN 55432-0000 DRESSER,WI 54009 FRIDLEY,MN 55432-0000 PITEZEL ELAINE M 6495 RIVERVIEW TER NE FRIDLEY,MN 55432-0000 FEDERAL NATIONAL MORTGAGE ASSOCIATION 14221 DA�LAS PKWY DALLAS,TX 75254 BRANDSOY DENA 8 CARROLL RYAN 120 64 1/2 WAY NE FRIDLEY,MN 55432-0000 OCONNOR CHARLES 111 64 1/2 WAY NE FRIDLEY,MN 55432-0000 I MATUSHAK BERNADINE M 141 64 1/2 WAY NE FRIDLEY,MN 55432-0000 LUCKOW MARY E 161 64 1/2 WAY NE FRIDLEY,MN 55432-0000 KEEHN ELDRED 121 64 1/2 WAY NE FRfDLEY,MN 55432-0000 � � COUNTY OF ANOKA - Public Senrices Division HIGHWAY DEPARTMENT 1440 BUNKER LAKE BLVD. N.W., ANDOVER, MINNESOTA 55304-4005 (763) 862-4200 FAX (763) 862-4201 �l"�IT �'" ^ ������; May 15,2007 Stacy Stromberg City of Fridley 6431 University Ave.NE Fridley,MN 55432 RE: Sarah Addition— 100 & 110 Mississippi Place Dear Stacy, We have reviewed the Preliminary Plat for Sarah Addition located on the southwest quadrant of CSAH 1 (ERR)and Mississippi Place within the City of Fridley,and I offer the following comments: No additional right of way is required at this time; in the future additional drainage, trail and/or utility easement may be required. Right of access along CSAH 1 shall be dedicated to Anoka County along the entire length of this parcel. Please note no signs or plantings will be perrnitted within the county right of way. Care must be exercised when locating signs/plantings/berms/etc. outside of the CSAH 1 right of way,so as not to create any new sight obstructions. Sincerely, .� /'`°l/ ��'�y��/ Randy Bettinger Traffic Engineering Coordinator Xc: CSAH 1/Plats/2007 Jane Rose,Traffic Engineering Manager Mike Kelly, Chief Right of Way Agent Larry Hoium, County Survey Josie Scott,Traffic Engineering Technician Terri Klein,Permit Technician Affirmative Action/Equal Opportunity Employer r � Stromberg, Stacy From: Jane Rose [Jane.Rose cLDco.anoka.mn.us] Sent: Tuesday, November 08, 2011 11:19 AM To: Stromberg, Stacy Cc: Randy Bettinger Subject: RE: Sarah Addition Stacy Our original comments from 5/15/2007 still stand. We have no new comments. Do you need a new letter, or will this email suffice? Let me know. Thanks Jane From: Stromberg, Stacy [mailto:Stromber S ci.fridle .mn.us] Sent: Tuesday, November 08, 2011 9:35 AM To: Jane Rose Subject: RE: Sarah Addition Could you get back to me by November 2gtn? Stacy Strom6erg Planner City of Fridley 6431 University Avenue NE Fridley,Minnesota 55432 strombergsC�ci.fridley.mn.us Phone: 763.572.3595 Fax: 763.571.1287 www.ci.fridley.mn.us From: Jane Rose [mailto:Jane.RoseC�co.anoka.mn.us] Sent: Monday, November 07, 2011 1:44 PM To: Stromberg, Stacy Subject: RE: Sarah Addition Hi Stacy I received your email. We will take a look at it and see if we have any additional comments,or if our original comments still stand.When do you need to hear back from me on this by? Jane _ _.._. _ _ __ _ From: Stromberg, Stacy [mailto:StrombergSCa�ci.fridley.mn.us] Sent: Monday, November 07, 2011 1:38 PM To: Jane Rose Subject: Sarah Addition Hi Jane, It's my understanding that you guys have already reviewed this plat, but wanted to make sure you had a copy. Same one we saw in �007. 1 fi t Thanks, Stacy Strom6erg Planner City of Fridley 6431 University Avenue NE Fridley,Minnesota 55432 strombergsC�ci.fridlev.mn.us Phone:763.572.3595 FaJc: 763.571.1287 www.ci.fridley.mn.us Click here to report this email as spam. NOTICE: Unless restricted by law, email correspondence to and from Anoka County government offices may be public data subject to the Minnesota Data Practices Act and/or may be disclosed to third parties. NOTICE: Unless restricted by law, email correspondence to and from Anoka County government offices may be public data subject to the Minnesota Data Practices Act and/or may be disclosed to third parties. z / �er�oc�u�s-� L I N U Q U i S T +v E N N U t�� Minneapolis•Derner James R.Walston Lindquist&Vennum PLLP (612)371-3244 4200 IDS Center jwalston@lindquist.com 80 South Eighth Street www.lindquist.com Minneapolis, MN 55402-2274 Phone:(612)371-3211 Fax: (612)371-3207 October 10, 2011 Ms. Stacy Stromberg, City Planner City of Fridley Community Development Department 6431 University Avenue NE Fridley, MN 55432 Re: Plat Application for 100 Mississippi Place and 110 Mississippi Place (Lots 2 and 3, Block 2, Johnson's River Lane Addition) to Lot 1 and Lot 2, Block 1 Sarah Addition Our File No. 517474.0042 Dear Ms. Strombe.rg: Enclosed in connection with the proposed replat of Lot 2 and Lot 3, Block 2, Johnson's River Lane Addition to Lot 1 and Lot 2, Block 1, Sarah Addition, please find the following: l. Original Plat Application executed Carol Stull, Assistant Vice President of Bank of America, N.A., successor by merger to BAC Home Loans Servicing LP, as owner and further executed by the undersigned as Petitioner. 2. $1,500.00 check from Stewart Title Guaranty Company (Check No. 347531) for the plat application fee. 3. Three (3) folded full size copies of the proposed preliminary Sarah Addition plat, along with one (1) 11 x 17 to scale reduction and one (1) 8'% x 11 reduction. 4. Three (3) folded full size copies of the final plat of Sarah Addition, along with one (1) 11 x 17 to scale reduction and one (1) 8 '/z x 11 reduction. 5. Stewart Title of Minnesota Real Property Report for the subject property. Email/PDF of the preliminary plat and final plat will be sent to you. Please acknowledge receipt of the foregoing at your earliest convenience, along with the proposed hearing date(s) for the plat application. �� I will stand by to respond to any questions or concerns you have with respect to this application. DOCS-#3565669-v 1 I Ms. Stacy Stromberg � October 10, 2011 Page 2 Please note that Jason E. Rud (E. G. Rud & Sons, Inc.) will present the proposed plat to the Anoka County Surveyor for review. Thank you for your attention to this matter. I look forward to working with you. Very truly yours, LINDQUIST&V M PLLP ames R. Walston JRW/rlt Enclosures cc: Carol 1, Bank of America, N.A. (via email) e Hanson, Bank of America, N.A. (via email) Jason E. Rud, E.G. Rud & Sons, Inc. (via email) DOCS-#3565669-v1 LIN�QIJIST L i N D Q U t S T +V E N N U tv1 Minneapolis•Denver James R.Walston Lindquist&Vennum PLLP (612)371-3244 4200 IDS Center jwalston@lindquist.com 80 South Eighth Street www.lindquist.com Minneapolis, MN 55402 Phone: (612)371-3211 Fax: (612)371-3207 December 12, 2011 Ms. Stacy Stromberg Planner City of Fridley 6431 University Avenue NE Fridley, MN 55432 Re: Sarah Addition Plat Matters Our File No. 517474.0042 Dear Ms. Stromberg: Enclosed please find Stewart Title Check No. 352499 in the amount of$3,000.00 for the park dedication fees in connection with the above-referenced matter. .- �;'��;�j/� �'�;� ���,�u�� ��G '✓��w���'� f' � Also enclosed is a copy of the Declaration of Party Wall and Exteriar Maintenance and � ,� Landscape Covenants which will be recorded along with the Sarah Addition Plat. � n�,�,) � �C�� Very truly yours, � G� +�- D LI�ST�L PLLP � yl � � �� � James R. alston ` JRW/rlt Enclosures: Stewart Title Check No. 352499 $3,000.00 Declaration cc via email: James Lockhart Carol Stull DOCS-#3601417-v 1 DECLARATION OF PARTY WALL AND EXTERIOR MAINTENANCE AND LANDSCAPE COVENANTS FOR LOT 1 AND LOT 2 BLOCK 1 SARAH ADDITION ANOKA COUNTY, MINNESOTA THIS DECLARATION OF PARTY WALL AND EXTERIOR MAINTENANCE AND LANDSCAPE COVENANTS ("Declaration") is made as of the 6th day of December, 2011 ("Effective Date"), by Bank of America, National Association, a national banking association ("Declarant"). WITNESSETH: WHEREAS, Declarant is successor by way of inerger with BAC Home Loans Servicing, LP, a nationat banking association. Declarant is the owner of Lot 1 and Lot 2, Block 1 Sarah Addition, Anoka County, Minnesota (each a "Lot" and collectively the "Lots"). WHEREAS, the residential dwellings located on each Lot share a common wall. WHEREAS, Declarant may sell one Lot or both Lots to third parties and therefore desires to impose certain covenants and restrictions against the Lots for enforcement ef ti�e maintenance af the common wall in the event the Lots are owned by different parties. NOW, THEREFORE, Declarant hereby declares that the Lots, a��� the residenrial dwellings located thereon shall be subject to and held, sold, conveyed, I�ased, encumbered, used, occupied and improved subject to the following: 1. Provisions. 1.1. "Farty Wall" shall mean and refer to the common wall between the resi�ential dwellings located an Lot 1 and Lot 2. DOCS-#3591469-v1 � 1.2. The cost of maintaining the Party Wall shall be borne equally by the owner of Lot 1 and the owner of Lot 2. 1.3. In the event of damage or destruction to the Party Wall or the foundation for the Party Wall ("Common Structure") the cost of repair or rebuilding shail be borne equally by the owner of Lot 1 and the owner of Lot 2. Each owner shall have the right to the use of the Common Structure so repaired or rebuilt as is otherwise granted in this Agreement. If either owner's or such owner's tenants or occupants intentional acts or negligence shall cause damage to or destruction of the Common Structure, such negligent party shall bear the entire cost of repair or reconstruction. If either party shall neglect or refuse to pay the share of cost, or all of the costs in case of negligence, the other party may have such Common Structure repaired or restored and shall be entitled to have a mechanic's lien on the lot and improvements of the party so failing to pay, for the amount of such defaulting party's share of the repair or replacement costs together with interest at the maximum rate allowable. The party having the Common Structure repaired shall, in addition to the mechanic's lien, be entitled to recover attorney's fees and shall be entitled to all other remedies provided herein or by law. The mechanic's lien granted herein is effective only if recorded in the office of the County Recorder of Anoka County, Minnesota. 1.4. Neither owner shall increase the burden of a Common Structure, nor alter or change a Common Structure in any manner, non-structural interior decoration excepted, and such Common Structures shall remain in the same location as when originally erected. Each adjoining owner to the Common Structure shall have a perpetual easement in that part of the premises of the other on which the Common Structure is located, for the purpose to maintain the Common Structure and any other additional area necessary to repair, replace, and maintain the Common Structure. 1.5. Each owner shall have and is hereby granted an irrevocable, non- exclusive license to enter upon the other owner's Parcel as may be reasonably necessary to effectuate any repair, rebuilding, or restoration of the Party Wall or other Common Structure. Each owner shall permit the other owner's contractors, licensees, agents and employees to enter upon their Parcel for such purposes. However, notwithstanding anything contained herein to the contrary, neither owner, nor their contractors, licensees, agents or employees, shall have the right to enter the interior of the other party's Parcel except at the mutual convenience of both parties, in their reasonable discretion. Each owner ("Indemnifying Party") shall and hereby agree to indemnify, defend and hold harmless the other party ("Indemnified Party") for any loss, cost, damage, liability or expense (including, without �i�mitation, reasonable attorneys' fees and costs) incurred or suffered by the Indemnified Party as a result of, or arising out of, the Indemnifying Party's or its contractors', licensees', agents' or employees' entry upon the Indemnified Party's Lot pursuant to this Section 1.5. 1.6. Each owner shall, at all times, at their own expense, maintain insurance as may be available on customarily reasonable terms, covering both liability for bodily injury and property damage and casualty insurance, covering damage or destruction to their dwelling, including all usual and customary covered perils, in the full replacement value. Such casualty insurance shall cover, without limitation, that portion of the Party Wall or other Common Structures located on the insured party's Lot. In the event of any casualty that damages or destroys the Party Wall, the provisions of this Section 1 shall apply to the repair and restoration thereof, whether or not the proceeds of any casualty insurance maintained by an owner are available or sufficient to fully repair or restore the Party Wall. 2 DOCS-#3591469-v1 2. Exterior Maintenance. The roof and siding shail for each residential dwelling shall at all times, be of the same product and shall be of the same quality and color. The owners of the Lots shall share the costs of repair and replacement of the roof and siding on an equal basis, and shall use best efforts to assure that the roof and siding are properly maintained. 3. Landscape. The landscaping on the Lots shall be properly maintained by each owner and shall, at all times, be complementary in style and quantity. Each Lot owner shall maintain at their own cost and expense, the landscaping on the respective Lots. 4. Driveway. The driveways serving each residential dwelling shall, at all times, be of the same material. The owners of the Lots shall share the cost of repair and replacement of the driveways on an equal basis. 5. Covenants Run With the Land. These covenants set forth in this Declaration are to run with the land and shall be binding on all parties and all persons claiming under them. 6. Enforcement. Enforcement of this Declaration shall be by proceeding at law or in equity against any person or persons violating or attempting to violate the same seeking either to restrain violation or to recover damages or both. In the event it shall be necessary for any owner to place this Declaration in the hands of an attorney for the enforcement of any of such owner's rights hereunder or for the recovery of any monies due to such owner hereunder, and if it is necessary to bring suit for the enforcement of such rights or such recovery, the prevailing party in such suit shall recover from the losing party all costs of court and reasonable attorney's fees, as determined by the court, in addition to any other relief or recovery awarded by the court. 7. Severability. Invalidation of any one of these covenants by judgment or court order shall in no wise effect any of the other provisions which remain in full force and effect. Executed as of the day and year above written. BANK OF AMERICA, NATIONAL ASSOCIATION, a national banking association � ' By:_���r � � 'f � Print Name: Carol Stull Its: Assistant Vice President 3 DOCS-#3591469-v1 r`, ' STATE OF Arizona) ) ss. County of Maricopa) On this 6th, day of December, in the year 2011 before me, a Notary Public in and for the State of Arizona personaily appeared Carol Stull, known or identified to me to be an Assistant Vice President of Bank of America, National Association, a national banking association who subscribed said name to the foregoing instrument, and acknowledged to me that he executed the same in said company name. IN WITNESS WHEREOF, I have hereunto set my and and affixed my official seal the day and year first above written. --'�--, —�..�� ` / 'Pla#'ary Public ./ � My commission expires: � �` � DRAFTED BY: x < ..�:_ _ .,.�..�,..;:��;,..,�.,.� ? �� F�' F'.A.Fi�RKASH Lindquist &Vennum PLLP d 9Votary PubNa-,4rizona 80 South Eighth Street, Suite 420 '� ���rf���� Minneapolis, MN 55402 • • niovem�2a,�ana 612-371-3211 (File No. 517474.0042) 4 DOCS-#3591469-v1 Anoka County Surveyors Office, 2100 3rd Avenue, Anoka MN 55303, (763) 323-5510 ' CHECK LIST FOR PLAT � �>O�.C'C_�` S i-<d C� i��o n Name of plat DATE /Q -1�-�1 N ❑ S C� 1/2 OF SECTION�_,T �v� ,R� CHECKED BY /�f,C�j� POLITICAL SUBD. F�'i�C�v LEGEND: ✓ ITEM CORRECT CONTACT ��Q,� ��, .e.,�- X ITEM INCORRECT — ITEM NOT CHECKED E-MAIL �p�y�,,� (J �,��� , coM _ SURVEY COMPANY � C� ��� PHONE oSl- �� (- Sa00 1 Closure ° 2 �/ An les and/or Bearin s 3 Curve data 4 Bounda dimensions 5 Overali and/or Block dimensions 6 Lot dimensions 7 Monuments-found, set 8 Easement dimensions and ties to lot lines 9 Lot and Block numbers, Exceptions, Outlots, Parks 10 Street names State, Coun , Local ) 11 Hi hwa ali nment State, Coun 12 Street Widths 13 Proper Text size and Line pes 14 Ad'acent and underl in areas ( Platted onl ) 15 om are with section resurve 16 Ties to subdivision lines and corners 17 Desi nation of outside boundaries ( notes) 18 Title same as dedication and check for duplication 19 edication -Streets, Avenues, Lanes, Parks, Access, Easements, etc. 20 escri tion -com are with plat and record 21. Scale, North arrow, Basis for bearin s 22 Compare with Half Section map 23 Wetlands, Water elevations, Benchmarks 24 -- Surve line 25 iscellaneous 26 Checked for etter from Coun and/or State Yes Not Applicable ❑ 27 Abstract Torrens ❑ 28 Spell Checked Plat usin AutoCAD No. Remarks on items to be corrected Correcte copy to be submitted ❑ � �'� �'�.� `� PLAT CEPTABL WHEN ABOl�E ITEMS HAVE BEEN CORRECTED ����� `� ��`� � � � � —�n�ca County Survey r � i � _ . CIN UF F�fJLEY EN�ir���.��r�G , � LINDQUIST L I N D Q U I S T +V E N N U M Minneapolis•Denver James R.Walston Lindquist&Vennum PLLP (612)371-3244 4200 IDS Center jwalston@lindquist.com 80 South Eighth Street www.lindquist.com Minneapolis, MN 55402-2274 Phone: (612)371-3211 Fax: (612)371-3207 October 24, 2011 Ms. Stacy Stromberg, City Planner City of Fridley Community Development Department 6431 University Avenue NE Fridley, MN 55432 Re: Plat Application for 100 Mississippi Place and 110 Mississippi Place (Lots 2 and 3, Block 2, Johnson's River Lane Addition) to Lot 1 and Lot 2, Block 1 SARAH Addition Our File No. 517474.0042 Dear Ms. Stromberg: This letter is intended to confirm our telephone conversation this morning regarding the above referenced matter. Please be advised that the our surveyor, Jason Rud, has heard from the Anoka County Surveyor regarding the proposed name of the plat. The County Surveyor does not want an apostrophe in the .r.ame ��f the plat. As ��.��h any referen�e to the�rop��e� nam� "SA,RAH'� 4,JD�TTON" should be disregarded. Accordingly, the proposed plat application should proceed as "SARAH ADDITION". Please confirm the anticipated December 5, 2011 hearing on the matter when you have the chance. DOCS-#3573253-v1 ♦ � Mr. Stacy Stromberg October 24, 2011 Page 2 Thank you for your attention to this matter. Very truly yours, ,,� UI LLP James . Walston JRW/rlt cc: arol Stull, Bank of America, N.A. (via email) Julie Hanson, Bank of America, N.A. (via email) Jason Rud, E.G. Rud & Sons, Inc. (via email) DOCS-#3573253-v 1 City of Fridley Land Use Application PS#11-01 November 16, 2011 GENERAL INFORMATION SPECIAL INFORMATION Applicant: SUMMARY OF REQUEST Lindquist &Vennum PLLP The petitioner, Mr. Walston on behalf of Lindquist lames Walston and Vennum PLLP, is seeking a replat to reconfigure 4200 IDS Center, 80 S 8th Street Lots 2 and 3, Block 2 of Johnson's River Lane Minneapolis MN 55402 Addition to create Lots 1 and 2, Block 1, Sarah Requested Action: Addition. Plat This process was originally started in 2007; Purpose: however, the final plat was never filed. Since then To reconfigure lot lines the property has gone through foreclosure and is Existing Zoning: now before the City again to reconfigure the lot R-3 Multi-Family lines. Location: SUMMARY OF ANALYSIS 100-110 Mississippi Place City Staff recommends approval of this plat request. • The proposed change provides additional Size: homeownership opportunities. Total area: 5,574 sq. ft. .36 acre Existing Land Use: CITY COUNCIL ACTION/60 DAY DATE Twin home City Council—December 5, 2011 60 Day Date—December 12, 2011 Surrounding Land Use & Zoning: N: Vacant lot& R-1 ;r��.,�;�; E: East River Rd & ROW ��e �� � S: Single family home & R-1 � ���};� "i' ���'� '��'�� ��'. • � `'� `� � a , �, W: Apt. Bldg& R-3 � �� �� �`� �� Comprehensive Plan Conformance: � �� � �,�,;, ; � Consistent with Plan. � '� ������� � � �� + � ` Zoning Ordinance Conformance: � _ , , . 5 Each lot will meet or exceed the City's R-3 � � ����'� ���� � �� ��� � zoning requirements. "� a.': ` Zoning History: 1961 - Lot is platted. 2002—Duplex constructed. �" ����.;��,���7 � 2003—2 decks constructed. � �x �` � .,..�: 2007—Preliminary Plat approved to Existing Property reconfigure lot lines; final plat never filed. Staff Report Prepared by: Stacy Stromberg Legal Description of Property: Lots 2 and 3, Block 2,Johnson's River Lane Addition Public Utilities: Property is connected. Transportation: Mississippi Place provides access to the property. Physical Characteristics: Flat lot with mature trees around the border of the property. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 5 2011 I� G7YOF FRIDLEY The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500. (TTD/572-3534) PLEDGE OF ALLEGIANCE. APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): APPROVAL OF PROPOSED CONSENT AGENDA: 5. Motion to Authorize Preparation and Distribution of APPROVAL OF MINUTES: Request for Proposals for Comprehensive Municipal Recycling Services ...... 21 -22 City Council Meeting of November 7, 2011 6. Motion to Schedule a Public Hearing for January 23, City Council Meeting of November 14, 2011 2012, on a Proposed Ordinance Amending Section 2.06 of the Fridley Charter Pertaining /� to Vacancies in the Council ......... 23-28 �� . OLD BUSINESS: p, � 2v 7. Claims (153093- 153272) ......... 29 -44 1. con Reading of an mg Chapter the Fridl i y Code Pertainin to Tr ' -2 8. Licenses ............................ 45-50 G�r �� ,,� ���`� �,� �" , 9. Estimates ............................ 51 NEW BUSINESS: 2. Receive the Minutes from the Plannin Commission ADOPTION OF AGENDA: --�----_ Meeting of Nove er 16�fJ1fi—�... 3-.1q�_ /� � 1/ ��J �� ✓ � / OPEN FORUM.VISITORS: Consideration of items not � ( on Agenda- 15 minutes. 3. Special Use - by SignArt Co., Inc., to Allow the Installation of an Electronic Changeable Message Sign 2012 BUDGET AND PROPERTY TAX PUBLIC MEETING: on the Existing Free-Standing Sign at the Freedom Se ' e Sta ' e�a#J� ated 10. Presentation of the 2012 City of Fridley at 760 sity Avenu�(Vllard 3) 11 Budget. .�-t-t� .- n,a j �-. � 4. solutio Ap oving a One-Year Extension SINESS: o Spec� I Use rmit, SP 10- , for the Col ia Arena Pr , Owned illi 11. t Request, PS#11-01, by Lindquist& Fogerty, Located at versity7�v�T N.E.; enn PLLP, for BAC e L Servici to Reco � e Lots and Z��� � at 10 and 1 � issi pi Pla N.E. (W d 3 .............. ...... . . ..... 52 - . � ' � o`,,�C`�l�. e o u ion Approving a One-Year Extension on � �-'Ci-� � Variance, #10-08, fo the Columbia Arena Property Own by Wilf m ogerty, Loc e . Informal Status Report ................ 0 7011 U iversity�,be� N.E. : (Ward'1) ............................ 17-20 /�i� r � ' ADJOURN. � J �� ` I d��l✓ @n �� /� - PS #11-01 RE UEST The petitioner,James Walston, on behaif of Lindquist &Vennum PLLP, who is representing the property owner, Bank of America, is seeking to replat the properties at 100-110 Mississippi Place to reconfigure Lots 2 and 3, Block 2,Johnson's River Lane Addition,to create Lots 1 and 2, Block 1, Sarah Addition. Essentially, this replat will change the property line from going west and east on these two parcels to north and south. In 2007, the previous property owner, Bruce Westman, went though this preliminary plat process; however, the final plat was never filed. The property has since gone through foreclosure and the new owner, Bank of America, would like to proceed to the getting the lot line changed through the platting process. �,''''� �I .�-�- � �� �� �7 � ,� 1� ..r:, ' 110 �� 6 � ti k ��� 1 111 ��� , �_.,_.—'r � �. .�, � �y __�.r.^+— '� � � �.< Subject Properties are highlighted in a Circle—existing lot line goes west and east on the 2 parcels, replat will change the property line to north and south ANALYSIS The subject properties are zoned R-3, Multi-Family. Prior to these properties being developed in 2002, the two parcels were part of the R-1, Single Family property to the south (111 64%z Way). They were always three separate parcels; however, they were encompassed with one single family home and rear yard. In 2002, the property owner of 111 64 %z Way, decided to sell 100-110 Mississippi Place. As a result, the twin home was constructed on the property, which faces and receives access off of Mississippi Place. At that time, the property owner was told to combine Lots 2 (100 Mississippi Place) and 3 (110 Mississippi Place) of the Johnson's River Lane Addition, which separates the two lots by a west and east property line, to create 1 lot. Apparently,that lot combination was never filed therefore; the petitioner is seeking the current replat request,to separate the lots with a north/south property line, which will then allow the property owner to sell the twin home units individually. The petitioner is not proposing to change the current R-3, Multi-Family zoning. The R-3 section of City code states that "Lot requirements of this Section are for three (3) or more dwelling units.Two-family dwellings in this district shall be subject to the R-2 District regulations." Since this lot consists of a two- family building,the R-2 regulations apply. � -. � �, � , �� , ,. - � �;�` � � °a� � 3 .� � p c x w o `.. Fridley City code requires that lots in the R-2 s��° �� �� ��� �'��` `��� � ����� �� �� - a x p . y f , J � . .,� district be a minimum of 75' in width with a '� � � � � ; ,W�«s«�����r�E � � * m� ., �� . �,�v. ,�,�� � i r ,J ,�' m i' : minimum total lot area of 10,000 square feet. The ��, � �` �_ �r.�� �:���� � w�� proposed Lots#1 and #2 will be 94.54 ft. in width �„ , � "' � ��;d,� ��m�$� �� and 15,574 square feet in size after the replat. The � �� �� � �; � �'� �� ���'� . minimum lot area requirement of 10,000 square � �����'a �� ��,, ��� � feet for a two-family dwelling unit has been met � '"�'����� �� � �� � ��" �,��� �� a�� w; � �o M�'� �x � on the proposed plat. °`"� , � � � � �� � �� � ��as '� '� �� �„ "`�" ;� �� �`� �'��, � � � iro � � The existing twin home meets all setback and lot �+M� �"; . ��� �� ��" � ����� �"�, ; � �'� coverage requirements. However, the fence along � �, � ,��,r ��,� '�""-�, , � � � ��� .� the western and eastern property line is ;�'� "�'�° s;� � � "�1��+ ����� ��� nonconforming as it is over the required 4 feet ti���-''"�"'�, .� � �� � = ' �� � _ � requirement in the front yard. Staff will stipulate ���� � �� �, �����, � ���� Yr� � � �� that the fence be reduced to 4 feet in the front ��"� `� ` ' �� ��t� m,� �. ��a; '�, , ,.�� �� yard within 6 months of final plat approvaL �`�� ���' ��� '�� �, � ���� ""��a ` �� �� � � � ��� ����Y �z� City staff heard from two neighboring properties �' �'� ��� ,;��';°` ° " � `�� � �,.-� ���t, ,��� owners, who were interested in what this replat ` ��n�� ` x'�a � . ,� � �x�� si _� t � , - "'i'� �� ���. �. N� �m�.��.b. _: �� �� A entailed. Once further described to them, neither ���. � � .� � F � o . . A �� � �s� . , �����a � � „�,��. . -, of them had any problems with the request. Staff Recommendation City Staff recommends approva/of this p/at request, with stipulations. • Does provide additional homeownership opportunities. Stipulations City Staff recommend that if the plat is approved, the following stipulations be attached. 1. Petitioner shall remove or reduce the height of the fence to 4 feet in the front yard on the west and east sides of the property within 6 months of fina/plat approval. 2. The line separating the two lots shall align with the party wall of the twin home. 3. Final plat shall show right of access along CSAH 1 (East River Road) to be dedicated fo Anoka County a/ong the entire length of the property. 4. The petitioner shall submit covenants for filing with the County records for this property, at Anoka County. Covenants shall define future maintain expectations between property owners. 5. 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"'� A �� ' � 5 E�° $< `1--` _ __o,� £ a � -; _ - - � _ ��' �g�`` / / \ _ ���t$ .e��' _ _ .:, � .. 9���� i�j ' �tw�u I�,P96g6£�8 �'• .= ,_ a=.G v o_ ,.. `�' '�r� g ` }-" r5� W�L t j�i �\ -- _'-- �`P'w --' � _: C�� ; P�o \ �� _ � , s o g n �,� � � = � _ -- ���� �me - \\ ';'- \` _ �\ -- o.• I `o -- `t-- � \ --. � :_ � a�i �. =__ �\ �, �\ /����\ ... . . y � � �-�'� \ c \ \ i�/ � J � ` �// \ � �'// \ �/ \ � �/ \ \ � y � . _ _ . �\\ �\\ �\ � i _- __ . 1 \ �� � � -_. \ \ ` m FS � � � 6 � Preliminary Plat of � VICIHITY MAP SARAN AD D ITI O N P�°����-���°-��� ,y , �for� LINDQUIST AND VENNUM � �$' 4200 IDS CENTER PROPERTY OWHER F 80 SOUTH STH STREET '� Bank of America Home Loans Servicing L.P. MINNEAPOLIS, MN 55402 � ��-_r �����^z�t ,���v�Y� $t PtE � ./ '�c PROPERTY DESCRIPTION �� � Lots 2 and 3, Block 2, JOHNSON'S RIVER LANE ADDIl10N, Anoka County, � ���4,,:v�a��� Minnesota. Subject to East River Road, easements, and restrictions of record. �.`,�ry.�� � u:. e �.�� .. .:�:5 z � �v-.... � �;�zv.ro�n�. . .. . .. .. � � � � ANOKA COIaVTY,�APPESOTA � � � � � QVO SCAIF� ` \ � � � / � � � ` �� � � � � � � � � / �f� �� / n\ 1 L' � � f�� ��� � / ��';� r' ", / 1 r' �_ r i � �\NE� _��c^ � � ,� � ;�;;:�'' Noa� g6 zzea �o�,�, � � ;�i� �. - �ot 1�' .,,� wc�,� i � �,' ""s�`e%'"�isn s '� `�� � �` ��,8.bg"g ',�''�' �1\"s'°ns,�e p Gy�^ -` � \` � �,o � '----- � .'',` NW COt+TE3�'-'fi�ns`H e-s a� � � ` \\\ � � 3` � �� / r. a'�,q � t5� �� 3 � / / w`H ';,..., \ ` �` � �i / '�6.. . \ Q i< ` � V! '': / �6�" �l � .i nsH 1 �� :y C� � •__ '/ � / P P�pb 5\' � RSH 8 � �� � 1�0 O� ;T, �q+ �� � 0.'� ns�e \ �Ni+ ��A tA a � � e ..� ? �N n^H to h�� V�. ; W� :� � ���� ���� � � e 0 � I� � t!! / / / / \ `.^�°Z �\\ ' /26� G�n ./ � �\ � q `.i � \ o ^� '- � � RSH^S-2�"«f�1�j0 � (�,�00 .\e�� v p p � N sH a t... ns�e �i G�µP 0 0 �� \ 9 Vf �1�e �,r 6� nsn�z�,: 7LQ y -'. = � �� U.91 14 O 1 Q\NG � / ' y �]� O \ � � \ /\ �j1 �T�/1�::��ASH 12 � eV��. n Ij� ) � � rny m�F:�,.v�o-x , /N � g V d'o ��� � �e , ��NG o \ y `�y �� . �`'w NA _* 2� b���,?�\ 0 6'0� � � / �`�, � `` _ '�i \ o °J4 \ � V''p i �o'Ct,a A ,�yp� o� �3 tn ` i1,�5T 6��1�7.03 N, ������� �.� \ O, / , 1 �� i �91 t2���'::. � �o� \\ � 26�� �' �''f^�1�'1 p �I \ N� \ '; ;'` �y/ 9_�� i � ♦ �Y� ,`� � \ �i � ` � 1����\�y � ro� � \ � �` .�g i 5� � '� tish,ia �S ` � \ 1 .i \ v � o � R91 8.:.��. \ I '� �, /��(L ��,z � .�, � � ,7r) � \\ f �1.`+y �� f� �\ �Y �,�� ���s�io-� �����g \\ r� Z \ �n �91 t1-z , ,i-, ' � � p�NCH �`\ _5� vNE�Ot 1 P`, \ \ \ ' / \ � - M ,%' � i _ � , / i \ �1',��Yf � i � / \ � i y / \ � / \ \ i i \ i i \ i � i i \ _ � � / � \ HOTES LEGEND - Field survey was completed by E.G. Rud and Sons, Inc. on 11/7/02. - Bearings shown are on an asaumed datum. O DENOTES SET IRON MONUMENT LABELED RLS 41578 • DENOIES FOUND 1/2" IRON PIPE MONUMENT - Curb shots are taken at the top and back of curb. —,—x— DENOTES EXISTING FENCE I - Vertical datum is assumed. # DENOTES EXISTING LIGHT POLE - Site address: 100 ond 111 Mississippi Place NE z aszae DENOTES EXISTING SPOT ELEVATION � DENOTES EXISTING JUDICIAL LANDMARK DEVELOPMENTDATA� � DENOTES EXISTING ASH TREE AND CALIPER TOTAL NUMBER OF ASH TREES IS 40 - This property is currentty zoned R-2 (Two Family Dwelling District) according to the City of Fridley Zoning map doted September 16, 2010. - R-2 District Requirements: Minimum lot area - 10,000 sq. ft. for 2 family dwelling Minimum lot width - Not less that 75 feet at front setback. lot coverage - not more that 30� of the lot shall be covered by that main building and all accessory buildings Building setback requirements: Front = 35 feet Side = 10 feet Side (street) = 17.5 feet Rear = Not less that 25�of lot depth (minimum 25 feet, mazimum 40 feet - Existing parcel area = 15,574 sq. ft. - Proposed Lot t, Block 7 = 5246 sq. ft. - Proposed Lot 2, Bblock 1 = 6244 sq. ft. - Proposed parcei to be dedicated as East River Road = 4084 gq. ft. NORTH GRAPHIC SCALE zo io zo a ea 1 hereby certify thot this survey, plan or report was prepared by me or under my direct supervision ond that 1 am ( IN FEEC) o duly Registered Land Surveyor under t ;ncn= zo et. the laws of the Stote of Minnesofa. ORANN BY.•BAB ✓�NO: 11416PP OA7E:9/27/11 �� Professional Land Surveyors /27/" C'ECKBY: ,�R SCANNEO❑ Ja E. d 6776 Lake Drive NE Suite 110 Date: 9 License No. 41578 2 www.eyrud.com r '� Lino Lakes, MN 55014 N0. DATE UESCRIPTIqJ BY Tel.(651)361-8200 Fax(651)361-8701 S:�xud�CAD\l lproj\11416�11416-PREPLAT.dwg,9/28/20ll 1:41:59 PM Planning Commission Meeting November 16, 2011 Page 3 Mr. Woodard replied, for example, he has seen anywhere for 8 seconds up to h rs. They can live with 45 seconds. Commission Dunham asked what does he see normally? Mr. Woodard replied, 8 seconds is preriy common. In Wisconsin an Minnesota state regulates it at 2 seconds. In congested areas if they want to slow that down is reasona e. Commissioner Sielaff asked is the part below where the gas pri es are shown is where the sign would change most frequently? Mr.Woodard replied, correct. Chairperson Kondrick asked Mr. Woodard when do the expect to begin construction of the sign? Mr.Woodard replied, as soon as the sign permit is is ed. MOTION by Commissioner Velin to close the pu �c hearing. Seconded by Commissioner Solberg. UPON A VOICE VOTE, ALL VOTING A , CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY A D THE PUBLIC HEARING WAS CLOSED AT 7:12 P.M. Chairperson Kondrick stated he has no roblem with this. Commissioner Oquist stated they ha e approved these before and most of the gas stations are changing over to L.E.D. and they look better. MOTION by Commissioner Oq �st to approve Special Use Permit, SP#11-03, by SignArt Co. Inc., to allow the installation of an e ctronic changeable message sign on the existing free-standing sign, generally located at 7600 Univ rsity Avenue with the following stipulations: 1. The petition shall obtain sign permit and current sign erector license prior to installing any signag on site. 2. Message n L.E.D. sign shall not change more often than authorized under Section 214.07 the Fridley City Code. 3. Messa e on L.E.D. sign shall never flash or have motion that may distract vehicular traffi in the area. Seconded by Com issioner Dunham. UPON A VOIC VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CA ED UNANIMOUSLY. 2. PUBLIC HEARING Consideration of Plat, PS #11-01, by Lindquist and Vennum PLLP, for BAC Home Loan Servicing, LP, to reconfigure Lots 2 and 3, Block 2, Johnson's River Lane Addition, Anoka 3 Planning Commission Meeting November 16, 2011 Page 4 County, Minnesota,to create Lots 1 and 2, Block 1, Sarah Addition,generally located at 100 and 110 Mississippi Place NE. MOTION by Commissioner Solberg to open the public hearing. Seconded by Commissioner Sielaff. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED AT 7:13 P.M. Ms. Stromberg stated the petitioner, James Walston, on behalf of Lindquist & Vennum PLLP, who is representing the property owner, Bank of America, is seeking to replat the properties at 100-110 Mississippi Place to reconfigure Lots 2 and 3, Block 2, Johnson's River Lane Addition, to create Lots 1 and 2, Block l, Sarah Addition. Essentially, this replat wil] change the property line from going west and east on these two parcels to north and south. Ms. Stromberg stated in 2007, the previous property owner, Bruce Westman, went though this preliminary plat process; however, the final plat was never filed. The property has since gone through foreclosure and the new owner, Bank of America, would like to proceed with getting the lot line changed through the platting process. Ms. Stromberg stated the subject properties are zoned R-3, Multi-Family. Prior to these properties being developed in 2002, the two parcels were part of the R-1, Single Family property to the south (111 64 '/z Way). They were always three separate parcels; however, they were encompassed with one single-family home and rear yard. Ms. Stromberg stated in 2002 the properiy owner of 1] 1 64 Y� Way, decided to sell 100-110 Mississippi Place. As a result, the twin home was constructed on the property, which faces and receives access off of Mississippi Place. At that time the property owner was told to combine Lots 2 (100 Mississippi Place) and 3 (110 Mississippi Place) of the Johnson's River Lane Addition, which separates the two lots by a west and east property line,to create 1 lot. Apparently that lot combination was never filed; therefore,the petitioner is seeking the current replat request, to separate the lots with a north/south property line, which will then allow the property owner to sell the twin home units individually. Ms. Stromberg stated the petitioner is not proposing to change the current R-3, Multi-Family zoning. The R-3 section of City code states that "Lot requirements of this Section are for three (3) or more dwelling units. Two-family dwellings in this district shall be subject to the R-2 District regulations." Since this lot consists of a two-family building, the R-2 regulations apply. Ms. Stromberg stated Fridley City code requires that lots in the R-2 district be a minimum of 75 feet in width with a minimum total lot area of ]0,000 square feet. The proposed Lots #l and #2 will be 94.54 feet in width and 15,574 square feet in size after the replat. The minimum lot area requirement of 10,000 square feet for a two-family dwelling unit has been met on the proposed plat. Ms. Stromberg stated the existing twin home meets all setback and lot coverage requirements. However, the fence along the western and eastern property line is nonconforming as it is over the required 4 feet requirement in the front yard. Staff will stipulate that the fence be reduced to 4 feet in the front yard within 6 months of final plat approval. 4 Planning Commission Meeting � November 16, 2011 Page 5 Ms. Stromberg stated City staff heard from two neighboring properties owners who were interested in what this replat entailed. Once further described to them, neither of them had any problems with the request. Ms. Stromberg stated City staff recommends approval of this plat request, with stipulations as it does provide additional homeownership opportunities. Ms. Stromberg stated City Staff recommends that if the plat is approved, the following stipulations be attached. 1. Petitioner shall remove or reduce the height of the fence to 4 feet in the front yard on the west and east sides of the property within 6 months of final plat approval. 2. The line separating the two lots shall align with the party wall of the twin home. 3. Final plat shall show right of access along CSAH 1 (East River Road) to be dedicated to Anoka County along the entire length of the property. 4. The petitioner shall submit covenants for filing with the County records for this property, at Anoka County, subject to City approval. Covenants shall define future maintenance expectations between property owners. 5. The petitioner shall pay Park Dedication Fees at a rate of$1,500 per lot. Ms. Stromberg stated those were the same stipulations that were on the plat when the City reviewed in 2007. Chairperson Kondrick asked how tall is the fence now? Ms. Stromberg replied, 6 or 7 feet. Chairperson Kondrick asked why the necessity for the 7 to 4 feet, is it for sight reasons when you are pulling out of Mississippi Place? Ms. Stromberg replied, the entire fence does not need to be reduced. Only the portion that is in front of the home. Everything behind the front of the home can stay at 7 feet, but anything in front of the home would need to go to 4 feet. It is what the Code requires, and it would be related to visibility when you are backing out of your driveway. Commissioner Oquist asked whether this fence does belong to this property, not the people to the north? Ms. Stromberg replied, yes, it does. Commissioner Oquist asked, what about the fence on the east? Along East River Road? Ms. Stromberg replied, both fences on the east and west belong to this property owner. Commissioner Dunham asked whether they are going to use a common driveway? Ms. Stromberg replied there is another curb cut around the green space with a tree stump that allows access to the other side of the home. 5 Planning Commission Meeting November 16, 2011 Page 6 Chairperson Kondrick asked the petitioner if he had any questions or objections to the ideas and stipulations they are talking about this evening? Jim Walston,Lindquist&Vennum, replied, no questions. He has one comment regarding the covenants. He thinks they can talk between now and the Council meeting regarding addressing this access issue and, with the draft they submit to the City to review, perhaps a cross easement or something like that would address that because the intent would be the former lender, Bank of America, to sell these individually. He thinks for the benefit of future owners to make it clear that, yes, someone can drive over the easterly portion of the driveway to access the westerly garage and vice versa. He thinks that would just make a lot of sense. He reviewed the stipulations and conditions, has forwarded those to representatives of Bank of America, and they are in agreement with all of them. Commissioner Dunham asked could they not make two driveways out of it? Mr. Walston replied, he is really not that familiar with the site, and he sees a big 4, 5-foot wide stump and he is not sure what would become of that. They will probably have to look at that. MOTION by Commissioner Sielaff to close the public hearing. Seconded by Commissioner Solberg. UPON A VOICE VOTE, ALL VOTING AYE, C,HAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 7:26 P.M. Chairperson Kondrick stated it seems pretty clear cut to him. He has driven by it many times. MOTION by Commissioner Sielaff approving Plat, PS #11-01, by Lindquist and Vennum PLLP, for BAC Home Loan Servicing, LP, to reconfigure Lots 2 and 3, Block 2, Johnson's River Lane Addition, Anoka County, Minnesota, to create Lots l and 2, Block 1, Sarah Addition, generally located at 100 and 1]0 Mississippi Place NE with the following stipulations: 1. Petitioner shall remove or reduce the height of the fence to 4 feet in the front yard on the west and east sides of the properly within 6 months of final plat approval. 2. The line separating the two lots shall align with the party wall of the twin home. 3. Final plat shall show right of access along CSAH 1 (East River Road) to be dedicated to Anoka County along the entire length of the property. 4. The petitioner shall submit covenants for filing with the County records for this property, at Anoka County, subject to City approvaL Covenants shall define future maintenance expectations between property owners. 5. The petitioner shall pay Park Dedication Fees at a rate of$1,500 per lot. Seconded by Commissioner Oquist. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY 3. Receive the Minutes of the Sept ber 5, 2011, Housing and Redevelopment Authority Commission Meeting. 6 � AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 5, 2011 CRY OF FRIDLEY Date: November 22, 2011 To: William Burns, City Manager x°I�� �P From: Scott Hickok, Community Development Director Julie Jones, Planning Manager Stacy Stromberg, Planner Subject: Preliminary Plat Request, PS#11-01, Lindquist and Vennum PLLP for BAC Home Loan Servicing, LP INTRODUCTION The petitioner,James Walston, on behalf of �133 �'� � �''�, ��-� � a��r �,�• `� �'��, ' � Lindquist &Vennum PLLP, who is representing the � � � �� � �` �`� �� � ��;. �; . property owner, Bank of America, is seeking to � �;� � � '� �� � � � replat the properties at 100-110 Mississippi Place �� ° ����� . ��` �� �� ���� '� ���� , � � � to reconfigure Lots 2 and 3, Block 2,Johnson's � ���� �aE �� �,'� � � � � ����� ��`; ��� River Lane Addition, to create Lots 1 and 2, Block 1, �,`��'�"'��'���� ,,� � � ���,� �� ��� ��� � , rio Sarah Addition. Essentially, this replat will change � . � ��`-� ,��; � e� �.�-���� ��, .� � �� ,� the property line from going west and east on �'� _� °���x��� �. � ���� ' `� � � �� �"' � iz�' .� � ,r�, � �� these two parcels to north and south, which will �.��r� � s � � ��� ��. � � +� ` iL16 �es ' a-���`.r� allow the owner to sell each twin home unit t���� . < ��" ,��"` �����,��' <-,� ,� � � � .� � "°` separately. � � �, �� � �,�_. . � � fi��'������ � ; ���`�:` �". � .,� °�i �� � �x,°� ��`��;k�'��� � ,"�. � �zi ,� � In 2007, the previous property owner, Bruce � � ��' � ���_,,,_.-�, �,, � �, �,; 1- + �' ,-����� �_ ` � Westman, went though this preliminary plat � , ' � �s �' �`��izi �"� � 3v �. � >.� �- process; however, the final plat was never filed. ��.,.�"'��� �' � p,�� The property has since gone through foreclosure �� ' �'� � � �. ��� �'��� t�' > � `� � �d.. � �� � ��Q,,��� .��� and the new owner, Bank of America, would like to � � � "� � �� �� � � � proceed with getting the lot line changed through ��q�� ��,� y,��� �� a..� � �„ �� �a the platting process. � � �,�t ��''�� ����� "'���� � ''�' ' � � �, ;��,� �,. ,���� ,,,- ^�'�"��b����,� ,'�� � °�� �� ,.; �a� �a � PLANNING COMMISSION RECOMMENDATION > '�~��` � ����'�� `�`� �� � � i��� ����`� �� :�� �..v �. ,�, ��� � _. . ' . At the November 16, 2011, Planning Commission meeting, a public hearing was held for PS#11-01. After a brief discussion, the Planning Commission recommended approval of plat PS#11-01, with the stipulations as presented. THE MOTION CARRIED UNANIMOUSLY. 52 PLANNING STAFF RECOMMENDATION City Staff recommends concurrence with the Planning Commission. STIPULATIONS 1. Petitioner shall remove or reduce the height of the fence to 4 feet in the front yard on the west and east sides of the property within 6 months of final plat approval. 2. The line separating the two/ots shall align with the party wall of the twin home. 3. Final plat shall show right of access along CSAH 1 (East River Road)to be dedicated to Anoka County along the entire/ength of the property. 4. The petitioner shall submit covenants for filing with the County records for this property, at Anoka County, subject to City approval. Covenants shall define future maintenance expectations between property owners. 5. The petitioner shall pay Park Dedication Fees at a rate of$1,500 per lot. 53 City of Fridley Land Use Application PS#11-01 November 16, 2011 GENERAL INFORMATION SPECIAL INFORMATION Applicant: SUMMARY OF REQUEST Lindquist &Vennum PLLP The petitioner, Mr. Walston on behalf of Lindquist James Walston and Vennum PLLP, is seeking a replat to reconfigure 4200 IDS Center, 80 S 8th Street Lots 2 and 3, Block 2 of Johnson's River Lane Minneapolis MN 55402 Addition to create Lots 1 and 2, Block 1, Sarah Requested Action: Addition. Plat This process was originally started in 2007; Purpose: however, the final plat was never filed. Since then To reconfigure lot lines the property has gone through foreclosure and is Existing Zoning: now before the City again to reconfigure the lot R-3 Multi-Family lines. Location: SUMMARY OF ANALYSIS 100-110 Mississippi Place City Staff recommends approval of this plat request. • The proposed change provides additional Size: homeownership opportunities. Total area: 5,574 sq. ft. .36 acre Existing Land Use: CITY COUNCIL ACTION/60 DAY DATE Twin home City Council— December 5, 2011 60 Day Date—December 12, 2011 Surrounding Land Use & Zoning: N: Vacant lot & R-1 ,�� E: East River Rd & ROW ���,� '��s� s�w S: Single family home & R-1 ���§� � '"�' - ��'�'~ -���"� �*► �' � ��� � °� `�,a,` ,��' � � ' � � � , W: Apt. Bldg& R-3 � ^m.. � � ���n�:,� � � ' � w� � � � . � ������ ��v�� ����n Comprehensive Plan Conformance: � �� -���r : � �� Consistent with Plan. � Zoning Ordinance Conformance: � ��� , :..k� �������� ^ Each lot will meet or exceed the City s R-3 � � �_ '� ��, ��� zoning requirements. ��' �_��,� � ��� ,:��;� � Zoning History: ? 1961 - Lot is platted. - � 2002—Duplex constructed. '� � ° ���;�,��;���; 2003—2 decks constructed. �. x . . . .. . . ... . . ��, - ' : .. ., �: .. . .,..r 2007—Preliminary Plat approved to Existing Property reconfigure lot lines; final plat never filed. Staff Report Prepared by: Stacy Stromberg Legal Description of Property: Lots 2 and 3, Block 2,Johnson's River Lane Addition Public Utilities: Property is connected. Transportation: Mississippi Place provides access to the property. Physical Characteristics: Flat lot with mature trees around the border of the property. 4 PS #11-01 REQUEST The petitioner,James Walston, on behalf of Lindquist &Vennum PLLP, who is representing the property owner, Bank of America, is seeking to replat the properties at 100-110 Mississippi Place to reconfigure Lots 2 and 3, Block 2,Johnson's River Lane Addition,to create Lots 1 and 2, Block 1, Sarah Addition. Essentially, this replat will change the property line from going west and east on these two parcels to north and south. In 2007, the previous property owner, Bruce Westman, went though this preliminary plat process; however, the final plat was never filed. The property has since gone through foreclosure and the new owner, Bank of America, would like to proceed with getting the lot line changed through the platting process. �R �� � �,.."'y� '� A`� M1S "� ��� � � 110 �� � � s � ��, .` �4 �` ,t� 111 ��� } r ��r � i+�i1 ��y �^ 6.... � �. �_ Subject Properties are highlighted in a Circle—existing lot line goes west and east on the 2 parcels, replat will change the property line to north and south ANALYSIS The subject properties are zoned R-3, Multi-Family. Prior to these properties being developed in 2002, the two parcels were part of the R-1, Single Family property to the south (111 64 %z Way). They were always three separate parcels; however, they were encompassed with one single family home and rear yard. In 2002, the property owner of 111 64% Way, decided to sell 100-110 Mississippi Place. As a result, the twin home was constructed on the property, which faces and receives access off of Mississippi Place. At that time, the property owner was told to combine Lots 2 (100 Mississippi Place) and 3 (110 Mississippi Place) of the Johnson's River Lane Addition, which separates the two lots by a west and east property line, to create 1 lot. Apparently, that lot combination was never filed therefore; the petitioner is seeking the current replat request, to separate the lots with a north/south property line, which will then allow the property owner to sell the twin home units individually. 55 The petitioner is not proposing to change the current R-3, Multi-Family zoning. The R-3 section of City code states that "Lot requirements of this Section are for three (3) or more dwelling units.Two-family dwellings in this district shall be subject to the R-2 District regulations." Since this lot consists of a two- family building, the R-2 regulations apply. - �� � � b� � � ;� . q ��� ..0 ?� A � ���IS.I��d•d���'F'�S Fridley City code requires that lots in the R-2 � p - , ��� f � _ :� -„ district be a minimum of 75' in width with a "`� '` �� '� �' '��-�, ��, a=�����t�v ��F � T minimum total lot area of 10,000 square feet. The f � � "��►��� " ��.s�..� '� ' ,�R� � � � �.;. .� � proposed Lots#1 and#2 will be 94.54 ft. in width , �„ ' � "' �` ��, � z�� x �" � , . , �. , ,�.§�u _ a � �� r r<,3 �-. and 15,574 square feet in size after the replat. The � ' � � ��'° � 3 a a�,., �'s;S'`� '� `a� � minimum lot area requirement of 10,000 square m� �.� u�� � ��� �� � � � feet for a two-family dwelling unit has been met � �, ���� ''�` � � � " �` � �' � ��� on the proposed plat. ��* � �� �. � �� � ��a= � �� ��� i� a���„ �� p ���E vt >'� L� -� A ��k 5��� ������ `y� .�, ,�Yr�$ni .—�' . The existing twin home meets all setback and lot �� � ti� �� � � �� � �' � �` � : coverage requirements. However, the fence along ��� � {�� `��,�� �� � s � � � ��� the western and eastern property line is ;. � ���°`�'��=:�;� �- � `� ��'��� '�f �ua° ."�,,,� �,� ���� `. �..�.� ;��. �.�°� nonconforming as it is over the required 4 feet o -"`";, �: �` �� �� �p `� � �,, requirement in the front yard. Staff will stipulate 3���� � ,� � �.w � � � ��� ,�,, that the fence be reduced to 4 feet in the front K� ";� i � �`� � x � �� � m� � � � yard within 6 months of final plat approvaL �� � ��� ��'��. a,;�� �� ��� � ��F p� � �� � �� �:: City staff heard from two nei�hboring properties ' ,.. �' ' �`� � � � ..-r , ,��� �� � ��'°� `' � "`� , owners, who were interested in what this replat '" ��` `�,*� �� ,��� � <'� � . entailed. Once further described to them, neither ��� �� �� , ��, '�^'°� � �� P�� « �� .�� � ���:..�t. ��� v, n�;�.� ; of them had any problems with the request. Staff Recommendation City Staff recommends approval of this p/at request, with stipulations. • Does provide additional homeownership opportunities. Stipulations City Staff recommend that if the plat is approved, the following stipulations be attached. 1. Petitioner shall remove or reduce the height of the fence to 4 feet in the front yard on the west and east sides of the property within 6 months of fina/plat approval. 2. The line separating the two lots shall align with the party wall of the twin home. 3. Final plat shall show right of access along CSAH 1 (East River RoadJ to be dedicated to Anoka County along the entire length of the property. 4. The petitioner shall submit covenants for filing with the County records for this property, at Anoka County, subject to City approval. Covenants shall define future maintenance expectations between property owners. 5. The petitioner shall pay Park Dedication Fees at a rate of$1,500 per lot. 56 LINDQUIST L I N D Q U 1 S T +V E N N U M Minneapolis•Denver James R.Walston Lindquist&Vennum PLLP (612)371-3244 4200 IDS Center jwalston@lindquist.com 80 South Eighth Street www.lindquist.com Minneapolis, MN 55402-2274 Phone: (612)371-3211 Fax: (612)371-3207 October 10, 2011 Ms. Stacy Stromberg, City Planner City of Fridley Community Development Department 6431 University Avenue NE � Fridley, MN 55432 Re: Plat Application for 100 Mississippi Place and 110 Mississippi Place (Lots 2 and 3, Block 2, Johnson's River Lane Addition) to Lot 1 and Lot 2, Block 1 Sarah Addition Our File No. 517474.0042 Dear Ms. Stromberg: Enclosed in connection with the proposed replat of Lot 2 and Lot 3, Block Z, Johnson's River Lane Addition to Lot 1 and Lot 2, Block 1, Sarah Addition, please find the following: 1. Original Plat Application executed Carol Stull, Assistant Vice President of Bank of America, N.A., successor by merger to BAC Home Loans Servicing LP, as owner and further executed by the undersigned as Petitioner. 2. $1,500.00 check from Stewart Title Guaranty Company(Check No. 347531) for the plat application fee. 3. Three (3) folded full size copies of the proposed preliminary Sarah Addition plat, along with one (1) 11 x 17 to scale reduction and one (1) 8'.i� x 11 reduction. 4. Three (3) folded full size copies of the final plat of Sarah Addition, along with one (1) 11 x 17 to scale reduction and one (1) 8 'h x 11 reduction. 5. Stewart Title of Minnesota Real Property Report for the subject property. Email/PDF of the preliminary plat and final plat will be sent to you. Please acknowledge receipt of the foregoing at your earliest convenience, along with the proposed hearing date(s) for the plat application. I will stand by to respond to any questions or concerns you have with respect to this application. DOCS-#3565669-v l 57 Ms. Stacy Stromberg October 10, 2011 Page 2 Please note that Jason E. Rud (E. G. Rud & Sons, Inc.) will present the proposed plat to the Anoka County Surveyor for review. Thank you for your attention to this matter. I look forward to working with you. Very truly yours, LINDQUIST& V PLLP ames R. Walston JRW/rlt Enclosures cc: Carol 1, Bank of America,N.A. (via email) e Hanson, Bank of America,N.A. (via email) Jason E. Rud, E.G. Rud& Sons, Inc. 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The petitioner, James Walston, on behalf of Lindquist&Vennum PLLP, who is representing the property owner, Bank of America, is seeking to replat the properties at 100-110 Mississippi Place to reconfigure Lots 2 and 3, Block 2,Johnson's River Lane Addition, to create Lots 1 and 2, Block 1, Sarah Addition. Essentially, this replat will change the property line from going west and east on these two parcels to north and south, which will allow the owner to sell each twin home unit separately. The petitioner has the final plat mylars ready and would like to get them filed at Anoka County before the end of the year. RECOMMENDATION The Planning Commission and City staff recommends approval of the final plat resolution for PS#11-01, to be cailed "Sarah Addition", by Lindquist and Vennum PLLP for BAC Home Loan Servicing, LP. STIPULATIONS 1. Petitioner shall remove or reduce the height of the fence to 4 feet in the front yard on the west and east sides of the property within 6 months of final plat approval. 2. The line separating the two/ots shall align with the party wall of the twin home. 3. Final plat shall show right of access along CSAH 1 (East River Road) to be dedicated to Anoka County a/ong the entire length of the property. 4. The petitioner shall submit covenants for filing with the County records for this property, at Anoka County, subject to City approval. Covenpnts shall define future maintenance expectations between property owners. 5. The petitioner shall pay Park Dedication Fees at a rate of$1,500 per lot. 1 RESOLUTION NO. RESOLUTION APPROVING A PLAT, P.S. #11-01, SARAH ADDITION,BY LINDQUIST AND VENNUM PLLP ON BEHALF OF THE OWNERS, BANK OF AMERICA HOME LOANS SERVICING, LP, FOR THE PURPOSE OF RECONFIGURING THE LOT LINES TO A NORTH/SOUTH POSITION TO ALLOW THE TWIN HOME UNITS TO BE SOLD SEPARATELY, GENERALLY LOCATED AT 100-110 MISSISSIPPI PLACE NE WHEREAS, the Planning Commission held a public hearing on November 15, 2011, and recommended approval of said plat; and WHEREAS, the City Council approved the preliminary plat for SARAH ADDITION at their December 5, 201 I, meeting, with stipulations attached as Exhibit A; and WHEREAS, a copy of the plat SARAH ADDITION has been attached as Exhibit B. NOW, THEREFORE, BE IT RESOLVED, that the City Council approves the Final Plat for SARAH ADDITION and directs the petitioner to record the plat at Anoka County within six months of this approval or such approval shall be null and void. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 12`h DAY OF DECEMBER 2011. SCOTT LUND - MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK 2 Page 2—Resolution -2011 — SARAH ADDITION EXHIBIT A STIPULATIONS 1. Petitioner shall remove or reduce the height of the fence to 4 feet in the front yard on the west and east sides of the property within 6 months of final plat approval. 2. The line separating the two lots shall align with the party wall of the twin home. 3. Final plat shall show right of access along CSAH 1 (East River Road)to be dedicated to Anoka County along the entire length of the property. 4. The petitioner shall submit covenants for filing with the County records for this property, at Anoka County, subject to City approvaL Covenants shall define future maintenance expectations between property owners. 5. The petitioner shall pay Park Dedication Fees at a rate of$1,500 per lot. 3 T .S � , , - r � � � - ' � . � � -' � � � � � � � � � � , - � �� � � , _ o � ,-� � ,— c � _—�' � � � � a �\ , �� � � � � � ��� ' � a � .°� = � -_ � � -_ � �•. `1 ' \� \�, ... , \ � ��g ���� .., ` 11 ..�s� � 6g�$6 = \ �.,.,._ " — ., .. `1 �'�/ g C' ,l 1 ,. s "M,.+o"'" '" ! �.. � ._, _ . ��" '\ , �J;� ��t -� - 39t .���� ygrY ' � �� ���� +` ,`' taq qq' ` '�• ��g �g�� ... , ` � ��4 . . ,`: _ s�� g � ,,� � � ti � �� ... . 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F a ° � R ; � Y e g� g� °$ I ¢ i � 3 � � i : %; �' g `� � " � ."� 3 �` ' � p �,s�Q �` a� �� a � lgd � 8�� 4I � E� $ j yp :�g�P s� a � 9 kSV �Sg�� SIO $ a� � 6a � a p q ?' k ` ';s�a ;� �� �d $ � F'.� § a$��� �� I p $F � !� Q ° q� 's��Y §� � � ��Q � � � C° t giS 9 = � $ ss` .._ �s � a� �� � � . � . � FRIDLEY CITY COUNCIL MEETING OF DECEMBER 5, 2011 PAGE 11 ouncilmember Barnette stated picking up on that same thing, there was a time in �rki'ey w re they used to talk about the industrial/commercial paid approximately two-thir s of the taxe nd the personal property taxes one-third. He asked what the ratio was now. Darin Ne on, Finance Director, replied he believed they were the oppos'�of that. He could double-chec hat. Councilmember rnette stated and still the City is getting c,p tinued challenges from the industrial/commercia . .�� Dr. Burns stated the law it stands makes the City re onsible for that. The beneficiaries of the work the City does in i ting these challenge are primarily the school district and the County, yet the City winds up pa 'ng the cost for t se things. �° Councilmember Barnette stated he way prided himself in telling people in Anoka County that Fridley at one time was probably the west on property taxes. The City of Fridley residents still get a very good bargain. ,�� ��,. Councilmember Bolkcom aske,.�'when the actua umbers for the school levies would come out. � ' Mr. Nelson replied in M when the residents receive e final notices on the tax statements. Mayor Lund stated ere probably will be some increases the tax statements depending on the vote from tho levy referendums. Mr. Nelson tated he did talk with a couple of school districts, spe��cally Fridley School District. believed that district is the only one where there will be a chang rom their truth in taxation otices to their tax statements. Regarding the other school districts, ka-Hennepin and S ing Lake Park, he believed they had referendums as well but they did not expir this year. The will be renewed for the following year. � NEW BUSINESS: 11. Plat Request, PS #11-01, by Lindquist & Vennum, PLLP, for BAC Home Loan Servicing, LP, to Reconfigure the Lots at 100 and 110 Mississippi Place N.E. (Ward 3). Scott Hickok, Community Development Director, stated this is a final plat. James Walston is the petitioner. He is seeking a replat of properties at 100 and 110 Mississippi Place N.E. to reconfigure the property lines from going east and west to north and south which allowed the homeowner to sell each twin home unit separately on its own parcel. Mr. Hickok stated in 2007 the previous property owner, Bruce Westman, went through the preliminary plat process; however, the final plat was never filed. The property has since gone through foreclosure and the new owner, Bank of America, would like to proceed with getting the lot line changed through the platting process. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 5, 2011 PAGE 12 Mr. Hickok stated the existing twin home meets all setbacks and lot coverage requirements. The fence along the western and eastern property line is non-conforming in that it is higher than 4 feet in the front yard. The front yard fence can only be 4 feet and this one is a bit higher. Staff will stipulate the fence be reduced to 4 feet in the front yard within six months of the final plat approval. Mr. Hickok stated at the November 16 meeting this year the Planning Commission unanimously recommended approval with the stipulations. Staff does recommend concurrence with that Planning Commission recommendation. Councilmember Bolkcom asked about the final plat because back in 2007 there was a preliminary plat. Now it is in front of them again and one of the stipulations is related to the final plat. What is normally the time frame related to that? Mr. Hickok replied typically there is a six-month time period to go from the preliminary plat to the final plat. Mr. Westman had been contacted numerous times to get his final plat recorded and simply did not do that. The bank then, after foreclosure, was in a situation where they wanted to sell each of the units independently but could not. Councilmember Bolkcom asked if there was anything the City can do to increase the chances of that final plat being completed. Mr. Hickok replied they are very interested in doing that now. Jim Walston, attorney with the law firm of Lindquist & Vennum, stated he was referred this case last summer. He looked it over, determined what the problems were, and at that point they moved ahead right away, examining the title, seeing all the problems, and what Mr. Westman did not do. He cannot remember the exact date they filed all the application materials, but they are fast-tracking this as best they can. They agree with all the conditions. Hopefully they will have the check for the park dedication fee this week, and they will turn that over to Stacy Stromberg. Mr. Walston stated they are all set to go. Bank of America is aware of the requirements for the trimming back of the fence. They are going to ground out an unsightly tree stump in the front yard and landscape it. They have prepared an exterior maintenance, landscaping, and party wall declaration that Bank of America has signed off on in form and content which has been approved by Fridley City staff. As he understands the process, the final plat will be before Council next ' week and assuming it is approved, they would be set to pay the fees and file the plat. Councilmember Bolkcom stated at the Planning Commission meeting there was some talk about the cross easements and access. Mr. Walston stated they thought there would need to be a cross-driveway easement but that is not the case. As far as the declaration, typically when you have a party wall, it would cover maintenance and repair issues with that common structural line. City staff had a very good idea to have a declaration with respect to exterior maintenance. He thinks they have it all covered. . . .- .,� FRIDLEY CITY COUNCIL MEETING OF DECEMBER 5, 2011 PAGE 13 Mr. Hickok stated staff is very comfortable with the document. Councilmember Saefke asked if the property line is going to go down the middle of the two units. Mr. Walston replied right. Councilmember Saetke asked since there would be two separate owners, will there be two sewer and two water services, one for each side. Mr. Hickok replied this was built as though it was going to be separate ownership for both sides. Unfortunately, but for this line, everything else was done right. Councilmember Saefke asked whether they see any problems because they are talking about covenants between the two owners on the maintenance of the building. Councilmember Bolkcom stated it is one of the stipulations, too. Mr. Hickok replied, they have done a very nice job of making sure that does not happen. MOTION by Councilmember Bolkcom approving Plat Request, PS #11-01, by Lindquist & Vennum, PLLP, for BAC Home Loan Servicing, LP, with the following five stipulations: 1. Petitioner shall remove or reduce the height of the fence to 4 feet in the front yard on the west and east sides of the property within 6 months of final plat approval. 2. The line separating the two lots shall align with the party wall of the twin home. 3. Final plat shall show right of access along CSAH 1 (East River Road) to be dedicated to Anoka County along the entire length of the property. 4. The petitioner shall submit covenants for filing with the County records for this property, at Anoka County, subject to City approval. Covenants shall define future maintenance expectations between property owners. 5. The petitioner shall pay Park Dedication fees at a rate of$1,500 per lot. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. RESOLUTION NO. 2011-62 RESOLUTION APPROVING A PLAT, P.S. #11-01, SARAH ADDITION, BY LllVDQUIST AND VENNUM PLLP ON BEHALF OF THE OWNERS, BANK OF AMERTCA HOME LOANS SERVICTIVG, LP, FOR TFIE PURPOSE OF RECONFIGURING THE LOT LINES TO A NORTH/SOUTH POSTTION TO ALLOW THE TWIN HOME UNITS TO BE SOLD SEPERATELY, GENERALLY LOCATED AT 100-110 MISSISSIPPI PLACE NE WHEREAS, the Planning Commission held a public hearing on November l5, 2011, and recommended approval of said plat; and WHEREAS, the City Council approved the preliminary plat for SARAH ADDITION at their December 5, 2011, meeting, with stipulations attached as Exhibit A; and WHEREAS, a copy of the plat SARAH ADDITION has been attached as Exhibit B. NOW, THEREFORE, BE 1T RESOLVED, that the City Council approves the Final Plat for SARAH ADDITiON and directs the petitioner to record the plat at Anoka County within six months of this approval or such approval shall be null and void. PASSED AND ADOPTED BY THE CTTY COUNCIL OF THE CITY OF FRIDLEY THIS 12"' DAY OF DECEMBER 2011. �� � SCOTT UND -MAYOR ATTEST: -Ja �- DEBRA A. SKOGEN CITY CLERK Resolution No. 2011-62 Page 2 EXHIBIT A SARAH ADDITION STIPULATIONS 1. Petitioner shall remove or reduce the height of the fence to 4 feet in the front yard on the west and east sides of the property within 6 months of final plat approval. 2. The line separating the two lots shall align with the party wall of the twin home. 3. Final plat shall show right of access along CSAH 1 (East River Road)to be dedicated to Anoka County along the entire length of the property. 4. The petitioner shall submit covenants for filing with the County records for this property, at Anoka County, subject to City approval. Covenants shall define future maintenance expectations between property owners. 5. 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IT IS ORDERED that a subdivision be granted as upon the following conditions or reasons: Approval with five stipulations. See Resolution #2011-62. STATE OF MINNESOTA ) COUNTY OF ANOKA ) OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) . � • • I, Debra A. Skogen, City Clerk for the City of Fridley, with and in for said City of Fridley, do hereby certify that I have compared the foregoing copy and order granting a subdivision with the original record thereof preserved in my office, and have found the same to be a correct and true transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at the City of Fridley, Minnesota, in the County of Anoka on the ' ��J�► day of � �,�„"t'-��-- , 2011 DRAFTED BY: .-.s,, City of Fridley � � � 6431 University Avenue N.E. Fridley, MN 55432 Debra A. Skogen, City Clerk � ' (SEAL) `.�� „ , t RESOLUTION NO. 2011-62 RESOLUTION APPROVING A PLAT, P.S. #11-01, SARAH ADDTTION, BY LINDQUIST AND VENNUM PLLP ON BEHALF OF THE OWNERS, BANK OF AMERICA FIOME LOANS SERVICING, LP, FOR THE PURPOSE OF RECONFIGURING THE LOT LINES TO A NORTH/SOUTH POSITION TO ALLOW THE TWIN HOME UNITS TO BE SOLD 5EPERATELY, GENERALLY LOCATED AT 100-110 MISSISSIPPI PLACE NE WI��REAS, the Planning Commission held a public hearing on November 15, 2011, and recommended approval of said plat; and WHEREAS, the City Council approved the preliminary plat for SARAH ADDITION at their December 5, 20I l, meeting, with stipulations attached as Exhibit A; and WHEREAS, a copy of the plat SARAH ADDITION has been attached as E�ibit B. NOW, THEREFORE, BE IT RESOLVED, that the City Council approves the Final Plat for SARAH ADDITION and directs the petitioner to record the plat at Anoka County within six months of this approval or such approval shall be null and void. PASSED AND ADOPTED BY THE CTTY COUNCIL OF THE CITY OF FRIDLEY THIS 12�' DAY OF DECEMBER 2011. � � SCOTT UND-MAYOR ATTEST: DEBRA A. SKOGEN CITY CLERK • A ' . ' . -; : . 1 ' a, Resolution No. 2011-62 Page 2 EXHIBIT A SARAH ADDITION STIPULATIONS 1. Petitioner shall remove or reduce the height of the fence to 4 feet in the front yard on the west and east sides of the property within 6 months of final plat approval. 2. The line separating the two lots shall align with the party wall of the twin home. 3. Final plat shall show right of access along CSAH 1 (East River Road)to be dedicated to Anoka County along the entire length of the property. 4. The petitioner shall submit covenants for filing with the County records for this property, at Anoka County, subject to City approval. Covenants shall define future maintenance expectations between property owners. 5. The petitioner shall pay Park Dedication Fees at a rate of$1,500 per lot. Resolution No. 2011-62 Page 2 EXHIBIT A SARAH f1DDITION STIPULATION S 1. Petitioner shall remove or reduce the height of the fence to 4 feet in the front yard on the west and east sides of the property within 6 months of final plat approval. 2. The line separating the two lots shall align with the party wall of the twin home. 3. Fina] plat shall show right of access along CSAH 1 (East R.iver Road)to be dedicated to Anoka County along the entire length of the property. 4. The petitioner shall submit covenants for filing with the County records for this property, at Anoka County, subject to City approval. Covenants shall define future maintenance expectations between property owners. 5. 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