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LS93-01 � + CITY OF FRIDLEY p 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: 62xx Fifth Street Northeast C(pU��j:,> -.���� ���(� � J Property Identification Number(PIN) Legal description: see attached Lot Block TracdAddition Current zoning: R2/c3 Square footage/acreage Reason for lot split: To allow for construction of a 3 story residential structure. Have you operated a business in a city which required a business license? � Yes No XX 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 Ptuchasers: Fee Owners must sign this form prior to processing) NAME Church of St. William ADDRESS 61st Ayenue Northeast & University Avenue Northeast Eridle DAYTIME PHONE 571-5600 SIGNATURE � ` DATE � 2, 1��� PETITI E I F RMATI NAME Westminster Corporation ADDRESS 328 Kellogg Boulevard West St. Paul, MN 55102 DAYTIME PHONE 291-1750 SIGNATURE �...�,Q�, �5- ,,,.,—�� DATE 1/12/93 C a�r�s�rentice, roject ana�I gei Fee: $100.00 V ��,.,�., ,,,,.,��������������,�,..������,_„_.����,_.,_.���������,.,�,,..,..�„�.� Peimit L.S.# ��7��� � Receipt# I i C Application received by: Scheduled Planning Commission date: ���� � ��f'.� Scheduled City Council date: 4ZZ ' � , - �r , u , « ; s i'. r ���C7���� ���� ��; _- �ROPERTY DESCRIP�I0�9 -- . r, - - { ;� itncluaive it� Sloal� O�e t 1�� at►� Lat3 on¢ a�d thirty, . L p t s o n e t a s i xtean {i_1fi}. a�yordin to the dt��.y ; ark. $ �- in 81ook T++n ��}��QT�od Addit ion �o F r i d i e y . racorded plat h �edicated i� tbe plat of i. 1C�nt St. t+n�ax k�a+m ss 6��d Ave.�, ex�easi�or.a o!' _ �hat part of vacated �kN� ��ing bet�saau �he nortbarlY ,; pNorxoo�d Addition ta FridleY aai.d uXat. . '� ttta aa�� snd we,t line� of Biaak z, in the p�a� �- s q�b giraet). dedicat.e� _ t Ava. (�aw kaotirn � �ctensivn o� Th�ti Aart af r�oated 5 h FarY", 1?�.1�8 ��tween the weaterlY of 'R�aY'+�� Additioe� La Fe'idlay �t a� tt1e W�eterlY extansicK► af xhe the �ont.l� lin� o! Lbt 3�, Black z. eaid p� � . aorth liane of E.at tb, Sloak 7, �id plati. : a d Xddi�ion tc FridleY Pa�'k". in Bloak 1. ���0 BYock 1 a� the . �at pu'� o[ �he vaca�ed alleY - batweee� �de ueateriy extens� a= ��'° $r�id BlDok �ot 1, . ��B � �esterlT ex�ension af the south lin�e of 1•���pd �d�itioa to Frf.dley Park". �,u Hxook Z. sa�.d 1�3a�k 2 , •�t p�rt vf ��rs �a�ted �°7 aiam� o! t�+e e�rtb l�+a� ot L�t 1• �� b�t�e����x��i� �b� �tti line af Lc►� t, said Biocic 2. a�A tbe � • � �, • � � ��;,��d,� �c�c�� � � �����p� ��Q��� � � -- PROPERTY DESCRIPTION -- � � �, . ` . _ Q V � � `� LoLs oae Lo sixteen (t-15)� inclusive in B2ock Oae (1); and Lots oae and thirty� � in 81xfc Tvo (2)� l�or'�+ood Addition tfl Fridley Park, accordf�g to Lhe duly reeorded �lat tbereof. ► �� That part of vacated RenL St. (aow kno�rrs as 62nci Ave.)� dedicated ia the plat of � � ^Noruood Add�tian Co Fri,dley Park"� 2yi�sg setWeen the northerly exLensions ot M1 � the nast aad we�t line� of Bloeic 2, said plat. � 7haL psrt ot vaosted 5tb Ave. {nov fcaos� as �tLb SLreat), dedicated ia the p1aL � of "Nortiraod Addition Lo Fridl�y Park�� lying between the xesterly exLension of � t3�e sonth line of Let 30� 82ack 2* sa2d plat, and the waster1y extensioa of Lhe �c aorth line of Lot 1b� B�.oak t, �tid plat. That pirt ot the v�catied a11ey ia B2oek 3� "liorWood A�diCion to Fridley Park"� lying beCr►�en the westerly extensiari ot tt�e nor'th line of LoL 1� glock 1 and Lhe � vasterl7 �tension of tbe aouLtt liae of I.ot 8� said Bloak 1. - , � Tsat psrt of L� vsested alley ia 82oCk 2, "lior't+ood A�ditioa to Pt�id2ey Park"� �, • Iying eettiean tt�s wester2� exteasiou of Zhe north liae ot LoL 1, sa�d Bloak 2 � '� and Lb� �ster3,� s�ctenaion of Ltu south 3.i�e of Lot 1, aaid H�oek 2. �, r- � ' r- ` a � I r� . c� � � � � � . � . �12452�U�� 02�25%9i 16: 00 $ 612 452 3077 SI�MR SURVEVING P.03 ��������� p����b� � -- PROPERTY DESCRIPTION -- STo WILLIAM CHURCH * To e s Property * All of Lots 2 thru 29 inclusive � in B�oak Two (2},��Norwood Addition to Fridley Park; anoording to the duly reaorded p�a� theraof� Anoka County, Minnesota. dnd That part of vaoated 5th Ave. (now known as 4th 5treet)� dsdiaated in the plat of "Norwood Addit�on to Fridiey Park��� lying b�tween the westerly extension of the aouth li�e of Lot I6 � H�aok 2� �aid plat� and the WeaLerly extansian of the north line of �ot 29 � Blook 2 , aeid p1�L. and That p�rt of the vaoatefl al�ey iri Bloak 2 � "NorWood Addition to Fridley Park"� lying betKeen the uesterly extension of the north line or Lot 2 � Biook 2 and the uesterly extension of the aouth 2ine ot 400i5, snid Siook 2 . • `�-"`"`\ �-r-- , . * Ab tract Propert � tot 5, UDITOR'S SUBD�VIS30N N0. 59, Anoka County, Minnesota . �xcept the Sou�h 18U feet of the West 183 feet af the Southeast Quarter of the Southwest Quarter of Section ]4, 7ownship 30, Range 24, Anoka County, Minnesota. And £xcept that part of the 5outheast Quarter of the Southwest Quarter of said Section 14 described as commencing at the 'southwest corner thereof; thence Northerly along the west line thereof 30 fest; thence Easterly parallel with the sauth line of the Southeast Quarter of the Southwest .Quarter a� said Section 14, a distance of 12�.22 feet; thence Northeasterly on a tangential curve to the ' left having a radius of 20 feet, a d�stance Of 3].22 feet; thence Northerly, tangent to the last described curve, a distance of 140.96 feet; thence Northwesterly on a tangential curve to the left having a radius of 45 feet,a distance of 31.99 feet ta the north line of the South 180 feet of the Southeast Quarter of the Southwest ' Quar�er of sa9d Section 14, s�id point being the paint of beginning of the tract to be described; thence continuing Northwesterly along' the last described curve, a distance of 16.7 �'eet; �hence Northwesterly tangent to the last described curve 56.94 feet; thence Horthwesterly on a tangential curve to the right having a radius of 175 feet, a distance of 53.71 feet to its intersection with a line parallel witf� and 30 feet East af the west line of the Southeast Quarter of the Southwest Quarter of said Section lQ; thence Southerly along said line para11e1 with and 30 feet �ast of the west line of said Southeast Quarter of the Southwest Quarter, to the north line of the South 180 feet af said Southeast Quarter of the Southwest Quarter; thence Easter3y along the north line of said South 180 feet to the actual point of beginning. And Except that part of the Southeast Quarter of the Southwest Quarter of said Section 14 described as commencing at the s�uthwest corner thereof; thence Northerly along the west line there�f 30 feet; thence Easterly para11e1 with the south line of the Sauth- east Quarter of the Southwest Quarter of said Section 14, a distance of 127.22 feet; thence Northeasterly on a tangential curve to the left having a radius of 20 feet, a distance of 31.22 feet; thence Nartherly, tangent to the last described curve, a distance of 100.96 feet; thence Northwesterly on a tangential curve to the left having a radius of 45 feet. a distance of 48.69 feet; thence �forthwesterly tangent to the last described curve 56.94 feet; thence Northwesteriy on a tangential curve ta the right having a radius of 175 feet, a distance of 53.71 feet to the east line of the West 30 fest of the Southeast Quarter of the Southwest Quarter of said Section la, said point of intersection beir►g the actual point of beginning of the tract to be described; thence cont�nuing Northwesterly along said curve having a radius of 175 feet, .a distance of 23 feet to the east line of the West 25 feet of said Southeast Quarter of the Southwest Quarter; thence 5outherly along said east line to the inter- section with the north line of the Sauth 3a feet of said Southeast Quarter of the Southwest Quarter; thence £asterly along a line parallel with and 30 feet North of the south line of said Southeast Quarter of the Southwest Quarter, a distance of 15 feet to the east line af the West 30 feet of said Southeast Quarter of the Southwest Quarter; thence Northerly along the east �ine of the West 30 feet af said Southeast Quarter of the Southwest Quarter to the actual point of b�ginning ** Sub ect to Road ri ht-of-wa s on 61st Avenue N.E. and the East �'rontage Road of � 9 Y State Highway No. 47 (University Avenuej. � � ( � �� � � �- � C�� � ,,�-� ���%���, - ., f /'� � ( �� c�� � � � � L y�`� �c l��L/ l ` _ ��� �� �Z-- ���-w-� � � - �� t �� �� � ��� � � �� � _ � cl�nr oF FRtDLEY FRIDLEY MUNICIPAL CENTER•6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 •(6l2)571-3450• FAX(612)571-1287 February 5, 1993 TO WFIOM IT MAY CONCERN: The City of Fridley Planning Commission will be holding an informal hearing on a lot split request, L.S. #93-01, by Westminster Corporation, to create a separate parcel from the Narwood Addition to Fridley Park plat, to be described as Lots 1 - 16, Block 1, and Lots 1 and 30, Block 2, Norwood Addition to Fridley Park, together with vacated streets and alleys. The site totals I27,505 square feet and is generally located north and east of St. William's church abutting 5th Street N.E Any and all persons desiring to be heard shall be given an opportunity at the Planning Commission meeting on Wednesday, February 24, 1993 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 February 17, 1993 . DAVID NEWMAN CHAIR PLANNING COMMISSION � ,: .;:Tn.:��.....�,a.,rut.Y..,:.a�$t.f;{,iStfLf�>�..,:iftitSi>'nZ!F1�.rtf.2S�:.+iWiS.i:iy,y w �.+2�..�... ..�...a�.,... . .,r::.f.?v,.,:ti.aY>2,2r ?.���.��h231..*2Nih`a:�.t62vir.xt:y.2ittiRi�+t'ih>:tbai:tf:32t ...,.., r ,i..y.:_.;i . ,..,..,. �., � . Planning: January 15, 1993 L.S. :��93-01 Prepared for: 1KAILING LIST � Westminster Corporation (350' notification) Church of St. William Current Tenant Nortel Cable 6120 - Sth Street N.E. 6235 University Avenue N.E. 1300 Iroquoise Drive, ��210 Fridley, MN 55432 Fridley, MN 55432 Naperville, IL 60540 Tota1 Minnesota, Inc. Current Tenant A. T. Gearman 6101 University Avenue N.E. 6237 University Avenue N.E, 6225 University Avenue N.E. , Fridley, MN 55432 Fridley, NIN 55432 Fridley, MN 55432 , Total Minnesota, Inc. Current Tenant �rrent Tenant 999 - 18th Street, Suite 2201 b231 University Avenue N.E. 6267 University Avenue N.E. Denver, CO 80201 Fridley, MN 55432 Fridley, MN 55432 Current Tenant Current Tenant ��,c3rrent Tenant 6209 University Avenue N.E. 6229 University Avenue N.E. 6263 University Avenue N.E. Fridley, MN 55432. Fridley, MN 55432 Fridley, MN 55432 Current Tenant Current Tenant Current Tenant 6205 University Avenue N.E. 6225 University Avenue N.E. 6259 University Avenue N.E. �ridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 , Current Tenant Current Tenant Ted Shirley/Current Resident 6201 University Avenue N.E. 6253 University Avenue N.E. 6242 - Sth Street N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 _ A and G Enterprises Current Tenant Ted Shirley 6205 University Avenue N.E. 5251 University Avenue N.E. 2800 Huntington Avenue Fridley, MN 55432 Fridley; MN 55432 Minneapolis, MN 55416 Current Tenant urrent Tenant Bay Lake Marine, Inc./ 6225 University Avenue N.E. 6249 University Avenue N.E. Current Resident Fridley, MN 55432 Fridley, MN 55432 6232 - Sth Street N.E. Fridley, MN 55432 Current Tenant Current Tenant 6223 University Avenue N.E. 6247 Utiiversity Avenue N.E. Bay Lake .Marine, Inc. Fridley, MN 55432 Fridley, MN 55432 144 River Edge Way Fridley, MN 55432 Current Tenant Current Tenant 6221 iJniversity Avenue N.E. 6249 University Avenue N.E. Dougas Finch Fridley, MN 55432 Fridl,ey, MN 55432 7151 Knollwood Drive Moundsview, MN 55112 Current Tenant Current Tenant 6215 University Avenue N.E. 6239 University Avenue N.E. Current Resident Fridley, MN 55432 Fridley, MN 55432 6264 - 5th Street N.E. � Fridley, NIN 55432 Current Tenant ��`� Herrick and Harris ��' 6213 University Avenue N.E. '�1 6279 University Ayenue N.E. Ted Shirley/Current Resident Fridley, NIN 55432 Fridley, MN 55432 6252 - 5th Street N.E. Fridley, MN 55432 '�`\\�j�Current Tenant Nortel Cable �` 7' 6243 University Avenue N.E. 350 - 63rd Avenue N.E. Larry Crane �� Fridley, MN 55432 Fridley, NIN 55432 fi140 - 6th Street N.E. ' Fridley, MN 55432 r - . . - .. _....._.._...___.. . � • " Y, � Mailing List for Westminster Corp. ' Page 2 Stephen Larson Lisa Mayers William Kennedy 6130 - 6th Street N.E. 6221 - 5th Street N.E. 6101 - 5th Street N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 � Linda Proctor Roxanne Erickson Jin Kim . 6200 `- 6th Street N.E. 6231 - 5th Street N.E. 6111 - 5th Street N.E. Fxidley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 , Virgi:l Lecuyer W: Scott Jeffers / Gerard Dufresne � 6.190 - 6th Street N.E. . Current Resident 6121 - 5th Street N.E. Fridley, MN 55432 6241 - Sth "St�eet N.E. Fridley, MN 55432 - Fridley, MN 55432 Edwin Dudley James Saefske � 6180 - 6th Street N.E. � W. Scott Jeffers 6131 - 5th Street N.E. Fridley, MN -55432 � 7815 Alden Way N.E. Fridley, MN 55432 • Fridley, MN 55432 Richard Thompson � Henry Koester 617 - 0 6th Street N.E. Ronald Nienaber 6141 - Sth Street N.E. Fridley, MN 55432 6251 - 5th Street N.E. Fridle , MN 55432 . y . Fridle MN 554 i y, 32 Rainsford Larsen Donald Habi g �I b160 = 6th Street N.E. Howard Nelson 6151 - 5th Street N.E. Fridley, MN 55432 6261 - Sth Street .N.E. Fridley, MN 55432 Fridley, NIN 55432 Stanley Selin Comstrand Inc. 6150 - 6th Street N.E'. Kathleen Brady 6299 U ' niversit Avenue N.E. � Fridley, 'MN 55432 6161 - 5th Street N.E. Fridley, MN 55432 Fridley, MN 55432 Leonard Bujak Comstrand Inc. 6260 - 6th Street N.E. James Erickson 2852 Anthony Lane South Fridley, MN 55432 b171 - 5th Street N.E. Minneapolis, MN 55418 Fridley, MN 55432 ' Lou Roerig I Ted Shirle Current Res' en y/ id t 6250 - 6tfi Street N.E. Audrey �Lubinski 6272 - 5th Street N.E. I Fridley, NIN 55432 6181 - Sth Street N.E. Fridley, MN 55432 Fridley, MN 55432 Clifford Jacobson Richard Day I 6240 - 6th Street N.E. Anna Peterson 6270 - 6th Street N.E. Fridley, MN 55432 6191 - 5th Street N.E. Fridley, MN 55432 � Fridley, MN 55432 Thomas Knutson Calvin Nelson , 6230 - 6th Street N.E. Sylvester Kirschling 6271 - 5th Street N.E. Fridley, MN 55432 6201 - Sth Street N.E. Fridley, MN 55432 � Fridley, MN 55432 Marvin Peters Dougas Finch/ 6220 - 6th Street N.E. ,Charles Ruehl Current Resident � Fridley, MN 55432 6211 - Sth Street N.E. 6262 - Sth Street N.E. Fridley, MN 55432 Fridley, .MN 55432 ' Joseph Gonsior 6210 - 6th Street N.E. � Fridley, MN 55432 �,` � COMMISSION APPLICATION REVIEW � FILE NUMBER FILE DATE MEETING DATE L SCRIPTIO ��NQF 1 1/ 15/93 2/24/93 FRIDLEY � COMPLETE REVIEW CHECKLIST AND RETURN TO PLANNING DEPT. ❑ BARB D. COMMENTS yfUI1CHELE M. �"..�-=�� vc����- �;��-.�,y� �� ��l�-��� . � 1• t� ��� �''� �i, ���� J / /� �.�_.,��..�.�, . . � �% s'7l'•��c� �,�/e., rGr,lu i cE�.�.,,i.,�..,/S Ss..� 6�-'c/l �a �m�..���C.- .{�;;GJ�c��J l'�'�7F,-v./��.;o_.; SCOTT E r, s��..,, y,.��s.-«.,��> s�..f � u,«i�� ,��.,.�� �� �x�� e � ��tc> .�.�,. �;, �-S,�</_ /- zo-�� � ; � � � ❑ JOHN F. �CLYDE W. /z/ ,. CLYDE M. �s�9 s ;2i� �°����,����,�� �, � i-a�y� LEON M. �-�� _ _ �JIM . ��_�-- �1� ' CHUCK M � `� l �%e= -'-f'I.�=c.-(_ �`�i� ,(� r��� � 4 . , � RpBERT A.GUZY � �� � �� PA'.4ELA M.HARRI� _ • �3ERNARD E.STEEFEN ' � i CHARLES M.SEYKOR � RICHARD A.MERRILL � � i WILLIAM M.HANSE UARRELL A.)ENSEN � �\ � DA�1(EL D.GANTER, JBFFREY S.JOHN50N � `�- � � BEVERLY K.DQDGE RUSSELL H.CROWDER GREGG V.HERRiCK ' JON P.ERICKSON Barna, Guzy & Steffen, Ltd. JALtES D.HOEFT LAWKENCE R.JOHNSON JOAN M.QUADE DAV[D A.COSSI ATT012NEYS AT LAW SCOTT M.LEPAK THOMAS 1?MALONE STEVEN L.MACKEY , MICHAEL F.HURLEY 4O�NOTtIItOWT]F1T18I1C18I PI323 UAVID M.WEIGEL VIRGIL C.HERRICK 200 Coon Rapids Boulevard ELIZABETH A.SCHADING }-(ERMAN L.TALLE M1Tlrie1(�Ol1S� MN SS433 WILLIAM fi HUEFNER ROBERT C.HYNES (612)780-8500 FAX(612) 780-1777 '93s-'993 Writer's Direct Line: (612) 783-5123 �j� �� -� ��-- c� J May 6, 1994 Barbara Dacy C�r.;::ar.i�y D2ve���:r.e::+ �;+o�+�r City of Fridley ' Fridley Municipal Center 6431 University Avenue N.E. Fridley, MN 55432 Re: O en-Air Ease ment b the Church of St. William P Y ' Dear Barb: Enclosed please find a draft of the Open-Air Easement Dedication i submitted by the Church of St. William. I have reviewed this and I believe it satisfies the concerns raised by the Cit . Y If you have any questions, please feel free to contact me. Sinc��ly, .� ���� � :� �� I , J ; Gregg V.,�H"errick � vsl ' encl�sure An Equal Opportunity Employer �.� OPEN-AIR EASEMENT DEDICATION � Dated: April , 1994 I WITNESSETH: WHEREAS, The Church of St. William, of Fridley, Minnesota, a Minnesota corporation ("Grantor") , has simultaneously with the execution of this agreement, conveyed to Norwood Square, Inc. , a Minnesota corporation ("Norwood") , certain lands legally described on the attached Exhibit A, incorporated herein by reference ("Norwood Property") ; and - WHEREAS ,it is the intent of Norwood to build u on Norwood - , p � Property homes for the elderly ("Improvements") ; and : � WHEREAS, as a condition for allowing the construction of the , Improvements, the City oP Fridley, Minnesata has required this Open-air Easement to prevent the construction of any new structures within the Easement Tract (as hereinafter defined) ; and WHEREAS, it is also the requirement of the City of Fridley, Minnesota that Grantor agree that the Easement Tract shall not be utilized for the purpose of calculation of setbacks or lot area calculations for �urther development on Grantor' s retained property, as described on Exhibit B attached hereto and incorporated herein ("Grantor's Property") . NOW, THEREFORE, for valuable consideration, Grantor hereby dedicates, conveys, grants and quit claims to the City of Fridley, a municipal corporation under the laws of the State of Minnesota ("Grantee"j , a perpetual easement for open-air space purposes over, under, across, upon and above the following described property located in Anoka County, Minnesota: An Easement over and across that part of Lots 2 and 29 , � Block 2 , NORWdOD ADDITION TO FRIDLEY PARK, accorcling to the _ recorded plat thereof, Anoka County, Minnesota, and that part of Vacated 5th Avenue and that part of Vacated Alley within and adjoining said Block 2 , described as follows : Beginning at the northeast corner of said Lot 2 ; thence S 0°16' 58"W on an assumed bearing along the east line of said Lot 2 , a distance of 15 _ 80 feet; thence N ' 89°O1 ' 44 "W, a distance of 303 . 00 feet; thence N 0°20'45"k., a distance of 15 . 80 feet; thence S 89°Ol' 44 "E along the west�rly extension and the north line of said Lots 2 and 29 , a di.stance of 302 . 98 f�et � to the point of beginning. ("Easement 'Pract" ) . `1'ERMS AND CONUlTIONS 1 . Ttii.s Easement slzall. give Grar�tee, its agents and contractors, tl�e rigiit, but not the obliyation, to enter upon the Easement Tract to enforce t11e terms and condii�ions contained in this grant and to cure any violation thereof . 2 . No dumps for the disposal of ashes, trasli, junk, sawdust, or any other unsightly or unsanitary materials shall be established or maintained upon the Easement Tract. 3 . No vegetation within the Easement Tract, such as trees, grass, flowers, and shrubs shall be cut or removed except if such removal is incidental to a permitted use and maintenance of the Easement Tract. 4 . No nec� structures of any kind sr.all be erected on to the Easement Tract. 5 . No mining, excavation, quarrying, or removal of any materials shall be allowed within the Easement Tract. The Easement Tract shall not be used to calculate setbacks or lot area calculations for future improvements to be made to Grantor' s Property. 6 . A11 costs in connection with the Easement Tract, including, without limitation, maintenance of the- Easement Tract, lawn mowing, fertilization, pz-uning, cleaning, and snow removal shall be borne by Grantor, its successors and assigns forever. All other costs, including, but not limited to, insurance premiums, real estate taxes and assessments shall be borne by Grantor any costs incurred by Grantee to perform the obligations � of Grantor hereunder shall be reirnbursed by Grantor to Grantee. IN WITNESS 4JHEREOF, this instrument has been executed by Grantor the day and year first above written. GRANTOR: The Church of St. William, oL lridley, Minnesota, a Minnesota corporati.on ]3 y Its By Its - - S`i'ATE OF MINNESOTA j ) ss. COUN'I'X Or' ) The foregoing instrument was acknowledqed before rne this day of April, 1994 , by and , the and of The Church of St. William, of Fridley, Minnesota, a Minnesota corporation, on behalf of the corporation. Notary Public THIS TNSTRUMENT WAS DRAFTED BY: BARNA, GUZY & STEFFEN, LTD. 400 I�Iorthtown Financial Plaza 200 Coon Rapids Boulevard Minneapolis, MN 55433 (612) 780-8500 (JSJ) \jsj\church.eas CONSENT `I'O AND JOINDER IN OPEN-AIR EASEMENT DT'DICATION DATED , 1994 , BY TEIE CHURCfI OI�ST_ WII,LIAM l OF FRIDLEY, MINNESOTA , a corporation, does hereby consent to and joining the attached Easement. a -- By Its �Y Its STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of April , 1994 , by and , the and of , a corporation, on behalf of the corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY : BARNA, GUZY & STEFFEN, L'I'i�. 400 Northtown I'inancial Plaza 200 Coon Rapids F3oulevard Minneapolis, MN 55433 (612) 780-8500 (JSJ) \j5j\church.eas Parcel A: Lots one to sixteen ( 1-16) , inclusive in Block One (1) ; and Lots one and thirty, in Block Two (2) , Norwood Addi�ion to Fridley Park, according to the duly recorded plat thereof. That part of vacated Kent St. (now kno4�m as 62nd Ave. ) , dedicated in the plat of "Norwood Addition to Fridley Park" , lying between the northerly extensi.ons ot the east and west lines of Bloc}t 2 � o� sa � said plat. That part of vacated 5th Ave. (now knoFin as 4th Street) , dedicated in the plat o� "Norwood Addition to Fridley Park" , lying between � the westerly extension of the south line of Lot 30, Block 2 , said � plat, and the westerly extension of the north line of Lot 16, Block 1 , said plat. `I'hat part of the vacated alley in Block l, "Nor�rood Addition to Tridley Par)c" , lying between the westerly extension ot the iiori�li line of Lot 1 , I31oc}c 1 and the westerly extension of the soutli line of Lot 8 , Block 1. That part of the vacated alley in Block 2 , "Norwood Addition to � rridley Parlc" , lying Letween the westerly extension of the nortll line of I�ot 1, said 131oc)c 2 , and the �aesterly extension of the soutli liiZe ol Lot 1 , said I31oc)c 2 . 'il EXHIBIT A . - - . . I- ��-� �=_I,_._Is: itJ..L w_ L.�C , Ci��uuyli �9, in�.lusfve i.n lilocic 7'aiu , "�iur'atv��<l llclili_Ciu�� Cu 1•r Lcl.l�., Pi�r.l;", <�cc�.ii �lir�� �`) � • (,7<�t: Cl�iat_�ci1, Anuk�i C:uun!_Y, h1 i t�n��s�Cz�. J C�� Cli� du.l.y r�cur�lc:d 't'I��iL ��ti�:l_ ul` vt.��tt�lc�l ,iLli Avc. (nuti l�itc.��ni ��:_: �ith :.;1_�_�:�1_) , iI���U.ct�l_r�cl i.i� Liie p1�rl u1- "tfor�aoo�l A�lcliti.on l0 1'i-i.�U.c•y f��i-I<", Ly.r.nq 1�eLaiee» tl�� i��5���-1 � cxC�it�ion oC lhe soiiCh I._iu� oi: Lot 1G, 131oc1•; 2, salct p1a�, tind Li�� trester.ly e�;lunsion ot Ch� iiurCti .Li.n� oI: 1:.oL 29, Lilock 2, sdi.d 1)l�iC. '1'tial oarL of the vacateci alley in l�lock 2 "tdor�dood AddiLion to Fridl.ey Park", lyi_ny het��cen the t��est�rly extension ot the north � line oP I,o�t 2, I31.ocic 2 and the �aesterly e:<t�nsion oP the south line of Lot 15, sai-d L'l.oc)c 2 . Lot 5, Au,iitor's Sul�cii.vision PIo_ 59, Anoka Couirty, tdinnesola. L;xccpt the South 1t30 feet o1 Llie {desL lfl3 feet oL the Soulheast Quartier of the Southwest Quarter ol SecCion 14, 1b��nship 30, Range 24, :lnoka County, hfinnesota. And exccpt thaC part of Lhe Southeast Quai.-ter of the Southwest �uartcr. oE sai.d SecL-ion 14, described as commenciiig aL tli� South�d�st corner thereof; thence hiorther.ly a].osig Lhe Sdest line thereof 30 LecL; L'hence ]�asterly parallel cJith the South line of the Southe�st Quarler of the Southo�est Quarter of said Section 14, a distance of 127.22 feet; thence idortheasterly on a tangenlial curve to tl�e leLt liaving a radius of 20 f.eet, a distance oL' 3J..22 te�i_; Ch�nce Idortherly, Canc�enL lel� having a rar_li.us or 20 Peet, a c1:i.sLance ot 3i."?2 ieet; the��ce 1�lortherly, lanclenC to tl�e 1�i�C des�ri.bed curvc, a disCance oL'' 100.9G Leet; Lhencc taorthaiesCerl.y on a tangen�ial ciirve to ihe 1�Et, having a radius ot n5 L'eeL, a distance oi 31.99 feeC to the North line of ' the Soutli 180 feet of tlle Southeast c�uarter of the Southcdest Qu�rter of saicl �ecl-ion 14, said point being ilie poinL- ot beginning 01' Lhe L-racl. Lo 13e clescriUed; Lhence continuing t�lorthwesterly al.ong the last described curve, a distance oL 16.7 feet; thence idorth�-�esterly tangeni� to tlie last described curve 56.94 feet; ihence tdorthi�resterly on a tancJenL-i.al curve to llie ric}ht having a radius of 1"/5 feet, �i di.stance of 53_71 Leet to i.Ls intersection t-�ith a line parallel aiitti arxi 3� feet Lasti of the �•]est line of the Southeast Quarter oC Lhe Sou�h�resl Quai-ter ot said Section 14 - , thence Soutlierly along s�id 19.ne parallel ��ith and 30 feet Last of tite �dest li_ne oP ���i.d Southeasl QuarCer o[ lhe Soull��ic�t �uurler Lo the idorlh l.l.ne oS` �lle Soulii ].£30 L-ee� oL �aa i.d Soutl�east~C�uarLer of Lhe Soutliwest Quarter; tlienoe �asterl� al.on the i�lorth 1' 1 9 ine of said South 180 feet to the actual point ot beginning. And excepl- that part of the Soutlleast Quarter oF the Southt��est Quarter of said Section 14, described as conunencing aL i-he Southwest corner thereof; thence 1JorLherly along thc Slest line thereof 3U feet; tPiei�ce i:a,terly par.�a].lc-1 i,�il-li the SouL-li li.ne oL thc Sculheast Quarter oi the Soutllca�sl-. Quarter of s«id Seclion 14, a distance of 127-22 f'eeC; tl�ence Mortli�asCerly on a tiangcntlul curve to the let't having a radius oL 20 feel, a distance of 31.22 i�et; LY�ence Northerly tangent to Che l�sC described curve, a distance of 100.96 Peet; thence I�lortha�esterly on a tangez�tial curve to the left l�aving I a rudius of 15 feet, a di.sLance of 4f3.69 Leet; thence idorth��esterly tangent to tl�e last d�scribed curve 56.94 feet; tlience � liur_Lha�esL��rly on a la�7c�enCial_ cu�v� lu �J�e �:�ig1��C i�aving a r�diu; oP ].75 Lecl, ..� el_i�Cance ot `.i:1 .77. t'c�C �o Ch� L•'asL .Li_iie o1 Lire Fl�st :S(i !:c-_eC uP lYie Si�ulhc�-t�:.,C O��,irl.;;i- 01 Llic SouLh��esl QutuL'er oL' sai.ci SecCion trl , _�ai.d poi.nt c�L .i_nlr�r�ecCion be�i_nq Che actucil. po.i_nt oL begi_nr�i.ng oL Ch� Cr��i:C tu be cic.scr].bed; tlience cpnLintllny i�lortl�i�acsterl.y al_ony said curve having a radius ot 1`l5 Leet, a distance ot 23 teet Co llie L•'ast line oL th:� �•JesL 15 LeeC u1 said SouLheast Quarter of tlie SouLlrti�est Quarlei; thence SoutllcrLy a].ong said P:.a�t I i.ne lo the .inters�ction �ii.th tli� liortli li.ne of Llie Soul.h JO L�eC of _tz�:icl SuuCli�_t�:;t t�u�rCcr o1 Cl�i: Soiith�ae•;L QutirCer. : Ll�ericc I::aisl_erl�� ��I.ong zi 1_i.rie ����r�i.11el ���i.Cl�i ar�il :lU L�e�C 1�IorCii ot Ch� Soull� ]..i_n� oL szi.icl Sou�l��a_.0 Qu�n-Cer ol° LI��� �;outh�dc_.s� �)uu�.l.cr, a cli.sCancc oL' 1`.5 I.`ueC Lo Che L•'ti�t ].i.ne oP. l'he �d4_sC "sU Iecl' ol: sai.�l :;uuClienst Quarter ot: tile 5outlla�est �uurtcr; thence t�toi.-Lherly al.ony Lilc EasL line oE the Sdesl 30 feet oF said SouLheast Quarter o� the Southa�est Quarter to the acLual point of beginning. Subject to road right- of:--��ays on 61st Aven�.ie Ii.l.. and tfle East 1:�-or�Cage roac] oL State IIigh.aay [Io. 47 (Universi.ty Avenue) . EXHIBIT B � _ - - - - - - — - - - — . �a�'H��il• Y�AM\ ����� , ' .�:•-� " SURVEYING SER1/ICES tNC. . . Proposed OPEN AIR �ASEM�KT An E�sement over �nd across tha� part af Lots 2 and 29, 61p�k 2� NORWOOD �DDITION TO FRIDLEY PARK, a�ccvrdfng ta the recorded p1�t thereof, Anoka County, Minnesota, and tha�t part of Yacated 5YH Avenue and that part 4f Vacated Ailey within and ad,�oining said B1ack 2, described as follows: �eqinninq at th� nartheast corner af satd Lot 2; thence S 0°16'S8"W on an �ssumed bearin �long the east line af said !ot 2� � distance of I5.�0 fee�; thence N 89° � n . o � n �I 44 W s d st�nce of 3Q3.U0 feet thence N p 20 45 E� , i � a� dtstanc� �og 15.80 f�et; thence S 89°01'44"� alenq the westerly extension �tnd th� north line of said Go�s 2 and 29, a dfstance of 302.98 fee� to the point of beginning. (Easemen� Area � d�,787 Sq. Ft.} _ . � 197,1 Seneca Road . • Sulte� �4�.:AT�Inneaota 55122 � (b12)452-3077 I - - i � �L I1/�/1 1 V_ -� � � � � � - �-j=t -� .� �g �p�^� �� .z - � -� � -��� -�� -z � S�z s�-. - � x��l --w�^n --�--�� 1 � � 2 � �r � : S�'%'"'� �•�� �aP'^�„�,�.�. �� � ,�, , ���L = ��`1 � U� � _ ..�a�► � � , 7�P�� S�L.bl � � �b1 �a �S9 — �7p+3 �"'�'�-� , � ,� — � : ��0�� �.�b- -- �'al�, �,� — -��';�'�' � �'�`'� -�"I . �...._�. � .� ���� .�_�. : . � ,.''' ,�., -%� -.f--' � �.i;^ +,-('-'r ; 4 � �a���� �2Z� = gs'zo� �-�:� �� � �n � `LZ l = 5�''`^�' 1 a 9E --�-i�n� .� �12 -aY��x�.r►-�ivr� � �. /� � � s-�n?��-,� �„„"r '�?� �� �;m �„/ � ��2 �n�-��-m�_ ��,� �`�� c�s c�.4n_ 2� — �vy+,v+vrv► �- � �..-._.,e..,.�.�..�. _ _ � � � �=-�_. _._. -� ► � -.. s.fi'"'� L� = �-< '11�'�'� -'t',rr�' �' c�'� � Q.B.9�� --v+��vv►n,�nvn4 ` .���{ �� , Y 5rr��71 t • -- !an�tnc—> ,11�`'� -�3 �'�'"�''''�/� �� � `- , �,� �� ,-.,,, � � �, �--��..,�,,'y�,,� ; � , . �-��'''''?.� �-- ��� � � �'''�'�' � '- y-,� ��'I '�`-'� �� _ , � �`��� �� " - � / /J� j� �1�1�}�'71 ?t?� i�2 , t,���� �;i � s .`1; ` ,�-y—� ti� �...1 ;� :� ' � < ;� ,/ � ,� ���_ I � , , � , L.S. 4�93-01 Westminster Corp. - - S �/2 SEC. /4 T. 30 R. 24 C/TY OF FR/OLEY i ( �� + I I � 31 ' �6� J� l�J I�, � I ,�TER � e9klPtT�-w' T �����y�y�s���„ u c ��3 i __i aJ•r_p�__ •S: �11 �T"Illvnn/(T' __�^�""l�eJ-P'-rL-T��- ___.._._.__.—_�_ '._ ., �''�� '',- �,.:i- ,.- -- � �� } �, _ Z ^J^ -�.: y/p�.PS �i, ��� �J .�d �ei ,�ri `�q ��� ;��� ? . •' �; , - , 7 , ',r'.'.. ., :i - --- --- '. � : g l�a' `)i � l�i; Ie; 'f s , i �' T i �P :'S � ' � - s � � 1�e ��- S� � � � ,,.,"•y a= e � ; - i , t 3 , o i, - , .,. , Y � _ � irJ 7 'p�EY � 3 i� � 1� -s -=pp9 lr°_ ., �� '�'• r� ,►1 :0) y�; I 1 r� ' _ ` �RI � sM , ,. �, •, �� "- r�I ----��--. 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(�) =i 4� � �. �t,� .�; 3�'e `MeQ r r� 'n a -� ` 10 ,I�' '(s�� � . 1 X ' - ' :s� =;r�, �' • �� :n ,� • i G Y �: .,, ;� ��i ;, � '► •a . , i . . � . � . _ : - ._� ;i . :,�� -��" W ',� :��.� ; pRIVE: �. i $2N0., .AVE. � 'r„ J ,r � :�' A'" • 62N0 ._ , A , �� � �� � �r �� �; _ - �� ', � _ _'��� P�'.� ', 'i Pc ..: � '; ,. ,,. � . � r- •=. J� �„ , F-. ' . .�r , r. �, � � ' ,,0= -. •Y) ' , t � (� ` � � 1�t.tl e ;. :' .� " (laol a � "!.� 'I?� '� � .�Q 't.�� X t � l. / x, / " , (� i �' rs s j v :a '� F{- , , „ .�.. ���,> �.. 2 .. �„ �I r �. '�n> Y LAN�` � �' l ' " i- . u U/ � n .. 1, s i 5 Kn n �� lt�� a(��. rr s 7a � r� (A• r �'1`' .i,� -' � a .,.,• •»,.. V�,. •W„ • a ;� r a. Z � + ,'�1.�1. ��1��� N N �/e � , � �i� ,, � ` Q ...:ir ' � .n a.» tSl„ a bl� � �� q v �jj . �.r :f � � ' J-... i h,. � �A is ii ;�'P ii >i I w / �. °� f � , t . •i'r r' l+�y � . � I '. ;r � '�'Y�� �.4�° � " � ' ,'� _ ..�• jc i.��...., ......:•t� s" ': o " '^ ` --`�T..'` - - - � �---1 �—� f--�_� �___� �S//I�CORNEF� S�'C/I 3� 43 � 2 LOCATlON MAP - - � v � � � �r;��w�;:�:., .,�,.� }. � l� � y� i � �� ! y� f.l�i� � #Y ��p � � '/ p � �MWA^+1f`M^'3i�dr«�',':�.'[:,.:� � April 6, 1993 Mr. Chuck P�entice Westminste�Corp. i 328 Kellogg Bivd. St. Paui, Minn. 55102 Re: Fridiey Senior Housing Project Dear Mr.Prentice, Barb Dacy,our Community Devefopment Director,asked that 1 provide an es6mate of what the rea(estate taxes may be on the pr�posed 51 bed project at the St. Wiltiams site. My preliminary analysis would indicate that the tax may approximate$46,000 ctassed as a Title il project As i mentioned in our phone conversation of Aprii 5,we are required by law to value Tit(e il property on a market rent basis. in that process, I estimate the market value ta approximate$t,600,000. Assuming that the project goes ahead, based on the plans on file in the Fridley offices at this date,these esdmates wiil be fairly accurate. The estimates are, however,subject to changes in legistation affecting classes,tocal tax rates and market shifts. it you have any questions, regarding this matter, please feel free to contact me. Yours truly, Lean Madsen, Assessor City of Fridley - - .��--� � �� � � � ( � � L`� V�� �'�v"d1 • � � � • , . , a . • � ♦ �� T� Qa �m '►�1�►1�� ���j. �m �� � � 1�.������ 4�j. . �'t � � r � :�. � �� /����;►����11•� ��� . �� �i �i7 � I�:i�����r►�� � ' �� T.70 �� ;� '�� ���b ��L'/-� �� ';��r�' �� � � . 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Request LOCatiOn 6200 - 5th Street N.E. SITE DATA Size 122,669.86 square feet ' Density PresentZoning C-3, General Shopping and R-2, Two Family Dwelling Present Land Use(s) vacant AdjaCent C-3, General Shopping to the west; R-2, Two Family Dwelling Zoning to the south and north; R-1 , Single Family to the east. Adjacent Land Use(s) � Utilities Park Dedication Watershed District Six Cities ANALYSIS Financial Implications Conformance to the Comprehensive Pian Compatibility with Adjacent Zoning and Uses Environmental Considerations RECOMMENDA�'ION Staff Approval with stipulations Appeals Commission � Planning Commission Approval with stipulations i Author �/dn j ��� Y Staff Report L.S. �93-01, by Westminster Corporation Page 2 RE4UEST The petitioner requests that a lot split be approved in order to create a separate parcel for a proposed three story elderly housing project. The petitioner is also processing a special use permit request to allow elderly housing in the R-3, General Multiple Family Dwelling district. SITE The property is vacant and is located between 5th Street N.E. and Moon Plaza, north of St. William's Church administrative building. The property is currently zoned R-2, Two Family Dwelling, and C-3, General Shopping Center District. In 1989, the City Council held the first reading of a� rezoning, to rezone the subject parcel to R-3, General Multiple Family Dwelling. Adjacent parcels are zoned C-3, General Shopping Center District to the south and west, R-2, Two Family Dwelling to the north, and R-1, Single Family Dwelling to the east. The City Council approved the ordinance re2oning the property to R-3, General Multiple Family Dwelling for first reading on March 20, 1989. Second and final reading will occur along with the lot split and special use permit. Historv In 1988, the Community Development Corporation proposed to construct a 70 unit, three story elderly high-rise with underground parking. The project was comprised of 50 one-bedroom and 20 two- bedroom units. The exterior treatment was proposed to be brick, siding, and stucco. At that time, the project was not constructed due to a lack of available funding. ANALYSIS Westminster Corporation, which is a subsidiary of the Community Development Corporation, has recently received confirmation of Section 202 federal funding to construct a new elderly housinq project. The current proposal is a three story, 50 unit, low and moderate income elderly and handicapped facility. The project does not have underground parking or garages. The exterior is proposed to be brick. A comparison of the 1988 and 1992 projects is provided as Appendix A. The proposed development parcel meets the minimum lot width requirement; however, is short 4,830 square feet of the minimum lot area required for the proposed project. Based on the number of units (51) , the code requires an average of 2,500 square feet of 4xx . ►,, , Staff Report L.S. #93-01, by Westminster Corporation Page 3 land area per unit. This calculates to 127,500 square feet. The proposed development parcel is 122,670 square feet in area. The petitioners intend to execute an open air easement with St. William's Church on the adjacent church property to meet the ' minimum lot area requirements. The open air easement was approved with the original lot split application in 1988. At that time, the minimum lot area was short by 37,600 square feet. The proposed easement was not drafted at that time; however, the City Attorney should review any easement language prior to the execution of the easement. The etitioner's surve or has submitted the le al descri tion for P Y 9 P the development parcel, but has not submitted a legal description for the remaining St. William's parcel. This will be required to ' be submitted prior to the City Council approving the lot split. RECOMMENDATION Staff recommends that the Planning Commission recommend approval ' of the request to the City Council with the following stipulations: � l. The petitioner shall execute and record an open air easement to provide an additional 4,830 square feet of land area on the St. William's parcel. The proposed easement language shall be reviewed by the City Attorney prior to execution of the easement. I2 . The surveyor shall submit the legal description for the remaining St. William's parcel prior to submission of the resolution for City Council approval. PLANNING COMMISSION ACTION The Planning Commission voted 5-1 to recommend approval of the request to the City Council with the stipulations as recommended by staff. � City Council Recommendation Staff recommends that the City Council concur with the Planning Commission action. 4YY [_] Community Development Department C� PLANNING DIVISION City of Fridley DATE: February 25, 1993 �� TO: William Burns, City Manager �' FROM: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant SUBJECT: Resolution Approving a Lot Split Request, L.S. #93-01, by Westminster Corporation Attached please find the above-referenced staff report. The Planning Commission voted 5-1 to recommend approval of the request to the City Counc`il with the following stipulations recommended by staff: 1. The petitioner shal'1 execute and record an open air easement to provide an additional 4,830 square feet of land area on the St. William's parcel. The proposed easement language shall be reviewed by the City Attorney prior to execution of the easement. 2. The surveyor shall submit the legal description for the remaining St. William's parcel prior to submission of the resolution for City Council approval. � Staff recommends that the City Council concur with the Planning Commission action and approve the attached resolution approving the lot split. MM/dn M-93-87 C] Communit Develo ment De artment Y p p L� PLANNING DIVISION � City of Fridley DATE: September 9, 1993 h ��i� To: William Burns, City Manager �. FROM: Barbara Dacy, Community Development Director SUBJECT: Resolution Approving Extension af a Lot Split, L.S. #93-01, by Westminster Corporation On March 15, 1993 , the City Council approved the lot split application for Westminster Corporation to construct Norwood Square, a 51 unit senior housing project. The subdivision ordinance requires the lot split to be recorded within 180 days. Westminster has requested a continuance for one year to allow them to complete the approval process with HUD (see attached letter) Recommendation Staff recommends that the City Council approve the attached resolution as presented. BD/dn M-93-514 � i �V'�estminster Building Partnerships for a Caring Community September 3, 1993 WESTMINSTER CORPORATION BOARD OF DIRECTORS *Joseph Errigo, President Barbara Dacy, ID►�CP *Edward Driscoll, ct,a�r Community Development Director *Albert Colianni MUf11Clp8� CECltef *Anne Heegaard � 6431 University /�venue, N.E. *Josephine ReedTaylor FCICII@�/, MN 5432 Patrick Conway Diana Markfort Re: �vc�wood Square Seni�r l�ousing Mary Leintz Frank Snowden Jerry Madsen DeBC B8fI�8C8: Rev. Kevin McDonough Ellen Brown As we discussed, the above-captioned project is moving *Executive Commictee fOfWBCC�. We expect to receive HUD's conditional financing William Cosgriff(of Counsel) commitment shortly, and thus we have engaged the project architect to complete construction drawings and have wESTM�NSTEx directed our contractor to obtain firm bids. We expect this MANAGEMENT CORPORATION to be accomplished during Novem'ber 1993, at which time we will submit to HUD for firm commitment (the final stage �°Seph E`r`g° in HUD's funding process). Once HUD issues its firm John Hoxner commitment, we can proceed to closing. Susan Sands wESTMiNSTER Given the backlog and understaffing at HUD, our ontimistic RESIDENT SERVICES time frame for closin is s rin of 1994; however, it is uite CORPORATION 9 p g q possible that closing could occur later than that. Given the Joseph Errigo delays we have experienced in dealing with HUD, we request i R��hara M�carthy that the city extend for one year (to September 1994) the Barbara Kilbourne deadline for recording the deed on the lot that was split off in contemplation of this project. Thank you for your cooperation on this matter. Sincerely, se L. Holmber Vice President of Operations 328 West Kellogg Boulevard • St. Paul, Minnesota 55102 • (612)��17i50 • Fax (612) 291-1003 �{ AN EQUAL OPPORTUNITYIAFFIRMATIVE ACTION ORGANIZATION '� _ C���F FR(DLEY FRIDLEY MUNIC(PAL CENTER •fi4�1 UNIVFRSITY AVE. N.E. FR[DLEY. MN�5�132 • (61?)571-3450• FAX (612)571-1�87 June 6, 1994 Suzanne Raymond Anoka County 2100 - 3rd Avenue Anoka, MN 55303 Dear Ms. Raymond: - This is to confirm that the Fridley City Council officially approved lot split request, L.S. #93-01, for Westminster - Corporation and St. Williams Church, to subdivide property generally located west of and adjacent to 5th Street (Norwood Addition to Fridley Park) . It is my understanding that Westminster Corporation and the Church want to record the deed conveying ownership of the property. This is to confirm that the City of Fridley authorizes the conveyance. If you have any questions, please feel free to contact me at 572- 3590. Sincerely, Barbara Dacy, AICP I Community Development Director BD/dn C- 94-150 � Community Development Department �, PLANIVING DIVISION . City of Fridley DATE: March 11, 1993 TO: William Burns, City Manager�!+�'� FROM: Barbara Dacy, Community Development Director SUBJECT: Resolution Approving a Lot Split Request, L.S. #93-01, by Westminster Corporation The Planning Commission voted 5-1 to recommend approval of this request to the City Council with two stipulations. Westminster has submitted the legal description required in stipulation #2. Therefore, staff recommends that the City Council approve the lot split subject to the following stipulation: 1. The petitioner shall execute and record an open air easement to provide an additional 4 ,830 square feet of land area on the St. William's parcel. The proposed easement language shall be reviewed by the City Attorney prior to execution of the c ate easement. The easement shall not be used " to cal ul setbacks or lot area calculations on the St. William's property. If necessary, a consent by a mortgage holder shall also be submitted. BD/dn M-93-118 / �� . '`'K+.; � & �:. .. 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FRIDLEY, MN 55432•(612)571-3450• FAX(612)571-1287 CITY COUNCIL ACTION TAKEN NOTICE March 19, 1993 Westminster Corporation Charles Prentice 328 Kellogg Boulevard West St. Paul, NIN 55102 Dear Mr. Prentice: On March 15, 1993 , the Fridley City Council officially approved your request for a lot split, L.S. #93-01, to create two separate parcels from the Norwood Addition to Fridley Park plat and Lat 5, Auditor's Subdivision No. 59, to be described as follows: Parcel A: Lots one to sixteen (1-16) , inclusive in Block One (1) ; and Lots one and thirty, in Block Two (2) , Norwood Addition to Fridley Park, according to the duly recorded plat thereof. � That part of vacated Kent St. (now known as 62nd Ave. ) , dedicated in the plat of "Norwood Addition to Fridley Park", lying between the northerly extensions of the east and west lines of Block 2, said plat. That part of vacated 5th Ave. (now known as 4th Street) , dedicated in the plat of "Norwood Addition to Fridley Park" , lying between the westerly extension of the south line of Lot 30, Block 2, said plat, and the westerly extension of the north line of Lot 16, Block 1, said plat. That part of the vacated alley in Block l, "Norwood Addition to Fridley Park", lying between the westerly extension of the north line of Lot l, Block 1 and the westerly extension of the south line of Lot 8, Block 1. . That part of the vacated alley in Block 2, "Norwood Addition to Fridley Park", lying between the westerly extension of the north line of Lot 1, said Block 2, and the westerly extension of the south line of Lot 1, said Block 2. Parcel B: All of Lots 2 through 29, inclusive in Block Two (2) , "Norwood Addition to Fridley Park" , according to the duly recorded plat thereof, Anoka County, Minnesota. That part of vacated 5th Ave. (now known as 4th 5treet) , dedicated in the plat of "Norwood Addition to Fridley Park" , lying between L.S. #93-01, Charles Prentice March 19, 1993 Page 2 the westerly extension of the south line of Lot 16, Block 2, said plat, and the westerly extension of the north line of Lot 29, Block � 2, said plat. � That part of the vacated alley in Block 2, "Norwood Addition to Fridley Park", lying between the westerly extension of the north line of Lot 2, Block 2 and the westerly extension of the south line of Lot 15 said Block 2. . Lot 5, Auditor's Subdivision No. 59, Anoka County, Minnesota. Except the South 180 feet of the West 183 feet of the Southeast Quarter of the 5outhwest Quarter of Sectio�:-1�, Township 30, Range 24, Anoka County, Minnesota. And except that part of the Southeast Quarter of the Southwest Quarter of said Section 14, described as commencing at the Southwest corner thereof; thence Northerly along the West line thereof 30 feet; thence Easterly parallel with the � South line of the Southeast Quarter of the Southwest Quarter of , said Section 14, a distance of 127.22 feet; thence Northeasterly , on a tangential curve to the left having a radius of 20 feet, a distance of 31.22 feet; thence Northerly, tangent left having a radius of 20 feet, a distance of 31.22 feet; thence Northerly, tangent to the last described curve, a distance of 100.96 feet; thence Northwesterly on a tangential curve to the left, having a radius of 45 feet, a distance of 31.99 feet to the North line of ; the South 180 feet of the Southeast Quarter of the Southwest Quarter of said Section Z4, said point being the point of beginning of the tract to be described; thence continuing Northwesterly along the last described curve, a distance of 16.7 feet; thence Northwesterly tangent to the last described curve 56.94 feet; thence Northwesterly on a tangential curve to the right having a radius of 175 feet, a distance of 53 .71 feet to its intersection with a line parallel with and 30 feet East of the West line of the Southeast Quarter of the Southwest Quarter of said Section 14 ; thence Southerly along said line parallel with and 30 feet East of the West line of said Southeast Quarter of the Southwest Quarter, to the North line of the South 180 feet of said Southeast Quarter of the Southwest Quarter; thence Easterly along the North iine of said 5outh 180 feet to the actual point of beginning. And except that part of the Southeast Quarter of the Southwest Quarter of said Section 14, described as commencing at the Southwest corner thereof; thence Northerly along the West line thereof 30 feet; thence Easterly parallel with the South line of the Southeast Quarter of the Southwest Quarter of said Section 14, a distance of 127.22 feet; thence Northeasterly on a tangential curve to the left having a radius of 20 feet, a distance of 31.22 feet; thence Northerly tangent to the last described curve, a distance of 100.96 feet; thence NorthwesteXly on a tangential curve to the left having a radius of 45 feet, a distance of 48. 69 feet; thence Northwesterly tangent to t�e last descr�l�ed curve 56.94 feet; thence Northwesterly on a tangential curve to the right having a radius of 175 feet, a distance of 53 .71 feet to the East line of the West 30 feet of the Southeast Quarter of the Southwest Quarter of said . . :. �. L.S. #93-01, Charles Prentice March 19, 1993 Page 3 Section 14, said point of intersection being the actual point of beginning of the tract to be described; thence continuing Northwesterly along said curve having a radius of 175 feet, a distance of 23 feet to the East line of the West 15 feet of said Southeast Quarter of the Southwest Quarter; thence Southerly along said East line to the intersection with the North line of the South 30 feet of said So�theast Quarter of the Southwest Quarter; thence Easterly along a line parallel with and 30 feet North of the South line of said Southeast Quarter of the Southwest Quarter, a distance of 15 feet to the East line of the West 30 feet of said Southeast Quarter of the Southwest Quarter; thence Northerly along the East line of the West 30 f�e�'of said Southeast Quarter of the Southwest Quarter to the actual point of beginning. Subject to road right- of-ways on 61st Avenue N.E. and the East frontage road of State Highway No. 47 (University Avenue) . Approval of the lot split is contingent upon the following stipulation: 1. The petitioner shall execute and record an open air easement ' to provide an additional 4,830 square feet of land area on the St. William's parcel. The proposed easement language shall be reviewed by the City Attorney prior to execution of the easement. The easement shall not be used to calculate setbacks or lot area calculations on the St. William's property. If necessary, a consent by a mortgage holder shall also be submitted. If you have any questions regarding the above action, please call me at 572-3590. Sincerely, Barbara Dacy, AICP Community Development Director BD/dn ' cc: Church of St. Wiiliam Please review the above, sign the statement below and return one copy to the City of Fridley Planning Department by April 2, 1993. C� �.,�t, i-� �,.�,,%�-,�,�-�...� Concur with action taken PLANNING COMMISSION ME$TING. FEBRIIARY 24, 1993 PAGE 11 wanted to express. his support for the project. As a member of St. Williams, he would rather see an apartment for the elderly than some commercial building that would degrade the property. MOTION by Mr. Kondrick, seconded by Ms. Savage, to close the publi j hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARE THE MOTION CARRIED AND THL PIIBLIC HEARING CLOSED AT 9:10 P.M. Mr. Kondrick stated he believed that the Commission sho d add a stipulation to recommend only the all-brick exte or. In I stipulation #4, he would like to insert wording tha guarantees that the project will be for the elderly and handic pped for the 40 years. � Ms. Dacy stated it was staff's interpretation th t it would be in perpetuity and run with the property. � Ms. McPherson stated staff will research th' to see if there is a statutory limit. Mr. Kondrick stated he is very reluct t to either waive the underground irrigation requirement or provide a timeframe for compliance (stipulation #3) . Ms. Dacy suggested a timeframe for he irrigation system of one year from the certificate of occup ncy. Mr. Newman asked if the petit' ner would be agreeable to that deadline. Mr. Prentice stated he is nable to answer that. It was his understanding that the Boa would be more comfortable with a 2-3 ' year timeframe. MOTION by Mr. Kondrick seconded by Mr. Sielaff, to recommend to City Council approva of special use permit, SP #93-01, by � Westminster Corpora on, per Section 205.09.01. (C) . (7) of the Fridley City Code, o allow homes for the elderly on Lots 1-1,6, Block 1, and Lots and 30, Block 2, Norwood Addition to Fridley Park, together w' h vacated streets and alleys. The site totals 127,505 square f et and is generally located north and east of St. Williams Churc abutting 5th Street N.E. , with the following � stipulations: 1. A storm water pond maintenance agreement shall be i xecuted and recorded against the property. 2. An open air easement which is a minimum of 4,830 square feet in area shall be executed and recorded against St. , Williams property. The proposed easement language shall be reviewed by the City Attorney prior to execution. II PLANNING COMMISSION MEETING, FEBRIIARY 24. 1993 PAG$ 12 3 . An underground irrigation system shall be installed one year from the issuance of a certificate of occupancy. 4. The applicant shall record restrictive covenant against the property which dictate that the project s for the � elderly and handicapped only; elderly de ' ed as those persons 62 years of age and over, and andicapped as defined in Section 202 regulations. T covenants shall be consistent with Section 202 gulations, and if Section 202 regulations are amende , said covenants shall be amended with the mutual c nsent of the City of Fridley. The covenants shall e in effect for a minimum of 40 years and longer if th laws allows. The covenants shall be reviewed and appr ed by the City Attorney prior to recording. 5. Lot split request, .S. #93-01, shall be approved. 6. The exterior o the building shall be of all-brick construction. Ms. Modig stated sh is concerned about stipulation #6. She did not want to create a timeframe problem for the developer. Ms. 'Sherek sta d that if the all-brick exterior is not acceptable ' to HUD, and he petitioner has to revise the proposal for the exterior fo brick and steel siding, she did not believe it would be necess y for the petitioner to come back before the Planning � Commissi n. The petitioner could go directly to the City Council. The mmission members agreed. IIP N A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE TION CARRIED IINANIMOIISLY. 3. CONSIDERATION OF A LOT SPLIT RE4UEST, L.S. #93-01 BY WESTMINSTER CORPORATION: To create a separate parcel from the Norwood Addition to Fridley Park plat, to be described as Lots 1-16, Block 1, and Lots 1 and 30, Black 2, Norwood Addition to Fridley Park, together with vacated streets and alleys. The site totals 127,505 square feet and is generally located north and east of St. Williams Church abutting 5th Street N.E. MOTION by Mr. Kondrick, seconded by Ms. Modig, to open the informal public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND THE INF(3�2MAL RUBI,IC,.H��"1�R]�N�'OPEN AT° 9:20 P.M. Ms. McPherson stated the third and last land use request is for a lot split. Currently, the proposed development parcel is under the ownership of the St. William's Church and is considered part of the entire property. The lot split request is to create a PLANNING COMMISSION MEETING, FEBRIIARY 24. 1993 PAGE 13 separate development parcel which will then be conveyed to Westminster Corporation to construct the proposed building. Ms. McPherson stated that as mentioned earlier in the special use �ermit discussion, the proposed development parcel does meet the minimum lot width requirement; however, it is 4,830 square feet short of the minimum lot area requirement. Again, the minimum lot area is calculated by multiplying the number of units (51) by the average square footage required in the code, which is 2,500 square feet of land area per unit. This calculates to 127,500 square feet, and the proposed development parcel is 122,670 square feet. To rectify the shortfall, the petitioner has proposed to execute and record against the church property an open air easement to create this 4, 830 square feet. This easement is proposed to be located along the south property line of the proposed development parcei. Ms. McPherson stated that in 1988, this .resolution of lack of lot area was posed for an open air easement totalling 37,600 square feet. A proposed easement was not drafted at that time; however, staff is recommending that if the project is approved with the easement to be requir�d, the la.nguage be reviewed by the City Attorney prior to the execution of the easement. Ms. McPherson stated the surveyor has submitted the legal description for the proposed deveTopment parcel; however, in order to execute the resolution approving the lot spiit, the surveyor will also be required to submit the legal descriptions for the � remaining St. William's Church property. ' Ms. McPherson stated staff is recommending that the Planning Commission recommend approval of the lot split request to the City Council with the following two stipulations: 1. The petitioner shall execute and record an open air easement to provide an additional 4,830 square feet of land area on the St. William's parcel. The progosed easement language shall be reviewed by the City Attorney prior to execution of the easement. 2 . The surveyor shall submit the legal description for the remaining St. William's parcel prior to submission of the resolution for City Council approval. Mr. Newman asked how far the property line would have to be moved to avoid the need for an easement. Ms. McPherson stated the property line would have to be moved �:�a�Zp�r,:�ximatel� 15.8 feet. ��,: .�: � ���,;:_ .y W. Mr. Newman asked if staff has discussed this with the petitioner. Ms. McPherson stated staff did discuss the fact that a relatively minor amount of movement of the lot line would be needed in order _..._ _.. _..�.. .. ..� PLANNING COMMISSION MEETING, FEBRIIARY 24, 1993 PAGE 14 to meet the minimum lot area requirement. The petitioner told staff they would discuss this issue with St. William's. She did not know the results of that discussion. Mr. Prentice stated regarding the question of whether they could handle this additional parcel by sale rather than by easement, when staff raised that question, he discussed it with members of St. William's Church. What Westminster has avaiiable in the development to provide to the church from HUD is the amount that they have agreed on with the church. They do not have the leeway in their development financing proforma to add an additional amount for land at this time. ` The church members felt that if they were to sell extra land, they would like to get some extra money for that land. When they knew Westminster could not provide that extra money, the church members agreed to just leave the land sale and proceed with the easement. ,:��--,� ' Mr. Newman asked where the open air easement begins. Ms. McPherson stated that the original lot split request in 1988 was approved with the easement making up the easement of the 37,000 square feet, but it never got to the stage of drafting the language for the easement. Ms. Dacy stated it was her understanding that this open air easement option was discussed with Westminster at that time, and it was Very similar in nature to an easement that, for example, the Buildirig Code would require if there is a certain type of construction and there has to be 60 feet of clear space around the ,� building. That issue came up when Wal-Mart was proposing to build just north of Sam's Club prior to Wal-Mart moving to the 85th Avenue site. It was her understanding that the open air easement starts at the surface and goes up into the air to preserve that I extra area. • Mr. Newman stated he is concerned about this. It appears that by approving this request, the City would be creating a lot that would be nonconforming right away, and he did not see any physical reasons why that property line cannot be extended. For all practical purposes, the apartment building is going to have access to that property. Mr. Saefke stated that is correct. He stated what they use for a church facility right now was originally designed to be an auditorium for a church school com lex and there is no develo ment / P � P in process or even contemplated for that property behind the church and administration center. The part of this lot they are willing to sell to Westminster Corporation is part of the church/school �����a�' = facility as recreation area. Nothing has ever be�a done;�ta�ith.:<���,����;�:- I property. The parish council really saw no need to encroach any further on what would be considered St. William's Church property in the future as opposed to this development property. The , easement is sufficient for the Church's needs. It is also his understanding they have an agreement for sale with Westmi�nster on PLANNING COMMISSION MEETING, FEBRIIARY 24, 1993 PAGE 15 this property, and the Church is selling the property at less than its assessed value. Because of the restrictions on HUD funding for the� purchase of the property, St. William's feels that at this time, they have kind of given away a certain portion of property as it is, and they cannot afford to give away any more property except through an easement. Mr. Terry Mickley, 241 Rice Creek Terrace, stated that he is a member of St. William's and a liaison with the developer of the building. He stated that if St. William's deeds the property to Westminster, then it is possible that Westminster could build within 5 feet of the lot line which might encroach upon St. William's Church property. As stated by Mr. Saefke, the property wi11 change hands at considerably less than market value; and even though there is an easement on that piece of property, it does give them some control on what happens ��lose to the bordez line. The property is still owned by St. William's which is an asset in maintaining some control over that 15 feet of land. Mr. Dacy .stated the Commission's job is to determine whether or not this approach is appropriate. If the Commission wants to establish some criteria about the language in the open air easement, that is fine. The overall purpose is for the area for the multiple family dwelling, and it may be appropriate that the easement is not to be built upon and to be used as a calculation as part of the lot area and if it is not deeded in title over to Westminster Corporation. Mr: Kondrick stated that the way the property is, it cannot be built upon because it is not Westminster's property. So, the property is essentially dead because Westminster cannot build on it nor can St. William's. Ms. Dacy stated they are talking about the form of conveyance--an easement versus fee simple. MOTION by Ms. Sherek, seconded by Ms. Modig, to close the informal public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND THE INFORMAL PIIBLIC HEARING CLOSED AT 10:00 P.M. Mr. Kondrick stated that as long as both parties are in agreement with this, then he would be willing to vote to recommend approval of the lot split. Ms. Modig agreed. Ms. Sherek al�o. agre�,d.. _ :���:�.�c� see the points of both the Church and Westminster. MOTION by Ms. Sherek, seconded by Ms. Modig, to recommend to City Council approval of lot split, L.S. #93-01, by Westminster Corporation, to create a separate parcel from the Norwood Addition _ _ __ �T _ PLANNING COMMISSION MEETING, FEBRIIARY 24, 1993 PAGE 16 to Fridley Park plat, to be described as Lots 1-16, Block l, and Lots 1 and 30, Block 2, Norwood Addition to Fridley Park, together with vacated streets and alleys. The site totals 127,505 square feet and is generally located north and east of St. Williams Church abutting 5th Street N.E. , with the following stipulations: 1. The petitioner shall execute and record an open air easement to provide an additional 4,830 square feet of land area on the St. Wiliiam's parcel. The proposed easement language shall be reviewed by the City Attorney prior to execution of the easement. 2. The surveyor shall submit the legal description for the remaining St. William's parcel prior to submission of , the resolution for City Council approval. Mr. Newman stated he would vote to recommend denial of the lot split request. Although he believes this is a great project, he I is very concerned about the precedent the City will be setting in creating a nonconforming lot simply because the sellers would not get paid and the buyers do not want or cannot buy the property. I IIPON A VOICE VOTE, NEWMAN VOTING NAY, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED BY A VOTE OF 5-Z. Ms. McPherson stated both the special use permit request and the lot split request will go to City Council on March l, 1993. 4. RECEIVE JANUARY 9 1993 JOINT CITY COUNCIL HOUSI & � REDEVELOPMENT AUTHORITY MINUTES: MOTION by Mr. Kondrick, seconded by Ms. Sherek, receive the January 9, 1993, Joint City Council/Housing Redevelopment Authorit minutes. Y i IIPON A VOICE VOTE, ALL VOTING AYE, CIiAIR RSON NEWMAN DECLARED THE MOTION CARRIED IINANIMOIISLY. 5. RECEIVE JANUARY 14 1993 SING & REDEVELOPMENT AUTHORITY MINUTES• MOTION by Mr. Kondrick, s conded by Mr. Sielaff, to receive the January 14, 1993, Housi & Redevelopment Authority minutes. ' IIPON A VOICE VOTE, VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED IIN IMOII3LY. i 6. RECEIVE BRUARY 4 1993 HUMAN RESOURCES COMMISSION MINUTES: MOTION b Ms. Sherek, seconded by Ms. Savage, to receive the Februar 4, 1993, Human Resources Commission minutes. I OPO A POICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE M ION CARRIED IINANIMOUSLY. ` FRIDLEY CITY COIINCIL MEETINa OF MARCH 1. 1993 PAGE 11 and it is something that is needed in the commun' S eh felt that once the building is constructed, funds w e available for the sprinkling system. MOTION by Councilman Schn�der to table this item to the next meeting on March 15y„,�-�93. and request staff to contact HUD particularly regar g some form of assurances that the building at least for orty-year period would be used for elderly and hand icapp�--�-�i"ous ing. ��.,,,,M-- Seconded b Councilwoman Jor enson. U on a voice vote, all voting Y 9 P � aye, Mayor Nee declared the motion carried unanimously. B. RESOLUTION APPROVING A SUBDIVISION, LOT SPLIT, L.S. #93-01, TO CREPiTE TWO SEPARATE PARCELS GENERALLY LOCATED NORTH OF 61ST AVENUE AND WEST OF FIFTH STREET (WESTMINSTER CORPORATION) • MOTION by Councilwoman Jorgenson to table this item to the March 15, 1993 Council meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � Mayor Nee stated that it would be necessary for the Council to take action to table the rezoning for this development as covered under � Item 2 on the agenda. 2. SECOND READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS REZONING ZOA 88-04 BY COMMUNITY DEVELOPME CORPORATION (WESTMINSTER) : MOTION by Councilman Schneider to remove this item fro he table and table to the March 15, 1993 Council meeting. Seconded by Councilman Fitzpatrick. Upon a voice vote, all ing aye, Mayor � Nee declared the motion carried unanimously. 4. RECEIVE PROPOSAL FOR CURBSIDE MULTI-UNIT RECYCLING SERVICES• Ms. Dacy, Community Developmen irector, stated that the City requested and received pro sals for comprehensive recycling services. She stated tha the request for proposal included a two-year term, twice-a-m th collection and acceptable materials to include cans, glass ewspaper, corrugated cardboard, magazines, and catalogs, soure separation mandatory for one to four unit buildings, commin ed collection optional for five to twelve unit buildings, nin y gallon containers required for five to twelve unit buildin to be paid for by contractor, and one promotional brochure t e paid for by contractor. ,� `f � � .. _.,..._....... .... . ..... ... . . . ........ _._ ,,.. . .,. .. _ .... _......_....__, . FRIDLLY CITY COQNCIL MEETING OF MARCB 1 1993 GE 12 Ms. Dacy stated that proposals were received from Goph Disposal, Super Cycle, Inc. , and Waste Management, Inc. She s ted that on February 22, 1993, Gopher Disposal withdrew their pr osal, as they had underestimated the cost of providing the ninety gallon containers, overextended themselves in making the ommitment to the additional $2,000 a year in promotional cos , and they were , concerned about the unknown additionai cost of e proposed Federal BTU tax. Ms. Dacy stated that staff recommends th Council accept Super � Cycle's proposal for curbside and multi- nit recycling services, and that contract negotiations be comple ed with submission of the contract at the March 15, 1993 Counci meeting. She stated that Super Cycle submitted a competitive roposal and is capable of providing these services, and they ave experience in providing multi-unit service. Councilman Schneider asked what t e City was paying on the existing contract for curbside services. He stated that their proposal is for $1.43 for one to four unit . Ms. Dacy stated that it is c rrently $1.00 per household. Councilwoman Jorgenson ask d if the City was collecting telephone books. . Ms. Campbell, Planning ssistant, stated that telephone books are t not explicitly adverti d as something the City would pick up, but if they appear with t e recycling material Super Cycle would take them. She stated th the City could make the choice not to pick up any telephone bo s, but this is not a cost factor. Councilwoman Jorgenson stated that the telephone company is providing new tel�phone books to everyone which may be something a person does nor'� want. She felt that the cost for disposing of old telephone b�t5oks should be borne by the telephone company. , Ms. Campbell s�ated that the only advantage of picking up telephone books is that;' it adds to the tonnage, but there is the question of picking up I�hose recycling items that are not generated by the . residents. � � e Councilwo an Jorgenson stated that she is glad the City has some type of erformance guarantee. She stated that at her home last Friday e picked up six pop cans that had been run over by the Super C cle truck. She stated that this not only happened at her reside�ice but all the way down the block. She stated there have been r��locks that have been missed, and the City has tried to obtain a te�ephone number in the event they need to contact someone after norm 1 business hours. She stated it is hoped that this could be provided. � FRIDLEY CITY COIINCIL ME$TING OF MARCH 15 1993 P $ 7 he would suspect this also addresses Councilwoman orgenson's concerns. However, if this were not the case, and her members of the Council were in favor, it would not in ence the final outcome. Councilman Fitzpatrick stated that he was repared to vote on the motion. Councilman Billings stated that the ipulation for the underground irrigation system has been eli nated; however, it is a code requirement. He asked if thi would be handled on the building permit. Ms. Dacy stated that it auld be handled in conjunction with the building permit. Councilman Billin asked if a letter would be required that at some period of ime Westminster would install the underground , irrigation sy em to comply with the City's code. Ms. Dacy swered in the affirmative. UPON VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Ma r Nee declared the motion carried unanimously. B. RESOLUTION NO. 25-1993 APPROVING A SUBDIVISION LOT SPLIT ' L.S. #93-01, BY WESTMINSTER CORPORATION TO CREATE TWO SEPARATE � PARCELS GENERALLY LOCATED NORTH OF 61ST AVENUE AND WEST OF ' STH STREET' Ms. Dacy, Community Development Director, stated that this lot split divides St. William's church property into two parcels. Ms. Dacy stated that the Planning Commission recommended approval of the lot split request subject to the stipulation that the petitioner execute and record an open air easement to provide an additional 4, 830 square feet of land area on the St. William's parcel. She stated that the proposed easement language shall be reviewed by the City Attorney prior to execution of the easement, � and the easement shall not be used to calculate setbacks or lot � area calculations on the St. William's property. She stated that if necessary, a consent by a mortgage holder shall also be submitted. MOTION by Councilman Fitzpatrick to adopt Resolution No. 25-1993. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to receive the minutes of the Planning Commission meeting of February 24, 1993. Seconded by Councilman Billings. Upon a voice vc>�e„ all voting aye, Mayor Nee declared the motion carried unanimous];p. ; : :.. �. :; . _ . . . .. . ...... ...... ..... � . . . . . . . .. ....:-�-T. .... ......... . FRIDLTsY CITY COIINCIL MEETING OF MARCH 15. 1993 PA(3E 8 NEW BUSINESS• I 2. PUBLIC HEARING REQUEST TO GRANT A MINNESOTA CURRENCY EXCHANGE LICENSE TO INTERNATIONAL CURRENCY EXCHANGE, INC. , GENERALLY I LOCATED AT 7893 EAST RIVER ROAD: � Mayor Nee reopened this public hearing at 8:08 p.m. which had been continued from earlier in the meeting. I Mr. Tom Potts, owner of International Currency xchange, Inc. , was I present to answer questions from the Council Councilman Schneider asked the nature of t e business. Mr. Potts stated that they cash checks, d their charges are less than the bank's. He stated that they so issue money orders. Mayor Nee asked Mr. Potts how long he had been in business in � Fridley. Mr. Potts stated that he has been n business in Fridley for a year and two months. He stated that he also owns a business on Payne , Avenue in St. Paul. He stated hat his businesses are controlled by the Department of Commerce, and this is the first year they are required to have a hearing b fore the municipality in which they ' are located. F Councilman Schneider aske Mr. Potts if they have had any police problems at the business Mr. Potts stated that ey have had no problems, and they do have bullet proof glass. No other persons i the audience spoke regarding this proposed � license. � MOTION by Counc'lman Fitzpatrick to close the public hearing. Seconded by Co cilman Schneider. Upon a voice vote, all voting aye, Mayor Ne declared the motion carried unanimously and the public hearin closed at 8: 13 p.m. � 6. RESOLU ION NO. 26-1993 IN SUPPORT OF AN APPLICATION FOR A MINNE OTA CURRENCY EXCHANGE LICENSE TO INTERNATIONAL CURRENCY � EXCH NGE INC. • , MOTION y Councilman Fitzpatrick to adopt Resolution No. 26-1993 . Second d by Councilman Schneider. Upon a voice vote, all voting i aye, ayor Nee declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETTNG OF SEPTEMBER 13 1993 PAGE 18 Ms. Sporre stated that there is a long history to the boulevards on this street. She stated that both boulevards or easements are on one side of the street which was a compromise reached when residents stated that they would sue the City. Mayor Nee stated that the south boulevard was ,.�roved to the north side and the lot line moved north to include two boulevards. � Councilwoman Jorgenson stated that she 'cannot foresee the street being widened, and she could not kn�i what future councils might do. Ms. Sporre felt that if Mr.-^��Blegen had to maintain a 35 foot setback and build to the r¢�r. of the property, there might also be problems with flooding.,.- She stated that water backs up now in the creek with water coming from the housing project in Coon Rapids. MOTION by Councilman Schneider to grant Variance Request, � VAR #93-22, ta' reduce the front yard setback from 35 feet to 8 . 2 feet and �to reduce the side yard setback from 10 feet to 9 . 8 feet a�£ 275 Ironton Street because the adjacent homes on each side ar-� approximately �t the same setback or less, as well as the I pote ial for flooding and past history of the drainage. Seconded b Councilwoman Jor enson. on a 'ce a o ' g Up voi vote, 11 v ting aye, ayor Nee declared the motion carried unanimously. II 15. RESOLUTION NO. 60-1993 EXTENDING APPROVAL OF A SUBDIVISION LOT SPLIT, L.S. #93-01, TO CREATE TWO SEPARATE PARCELS '� GENERALLY LOCATED NORTH OF 61ST AVENUE AND WEST OF 5TH STREET (BY WESTMINSTER CORPORATION) : il MOTION by Councilman Billings to adopt Resolution No. 60-1993 . Seconded by Councilman Schneider. Upon a voice vote, all voting . aye, Mayor Nee declared the motion carried unanimously. I 16. AP.PROVAL RELOCATION CONSULTANT CONTRACT WITH PROFESSIONAL REDEVELOPMENT RESOURCES: Ms. Dacy, Community Development Director, stated that the Eity is responsible for relocation expenses as the resulf of the I condemnation of property at 6070 and 6074 Central Avenue. She stated that as part of the condemnation .proceedings, a relocation consultant must be hired to determine appropriate relocation benefits for the tenants. ' Ms. Dac stated it is recommended that Kirk Schnitker of Y Professional Redevelopment Resources be hired to determine the relocation benefits. , Mr. Herrick, City Attorney, stated that the City is not indicating the tenants must ' mov�; however, he understands this particular property owne�wishes to move and purchase another home. / �/ FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 13 1993 PAGE 17 setback. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 14 . RECEIVE AN ITEM FROM THE MINUTES OF THE APPEALS GOMMISSION MEETING OF AUGUST 31, 1993 : A. VARIANCE REOUEST, VAR #93-22 , BY MARK BLEGEN, TO REDUCE THE FRONT YARD SETBACK FROM 3 5 FEET TO 8.2 FEET;;'TO REDUCE THE SIDE YARD SETBACK FROM 10 FEET TO 9.8 FEET; TO ALLOW THE RECONSTRUCTION OF A NONCONFORMING STRUCTUR� THAT WAS DAMAGED MORE THAN FIFTY PERCENT OF ITS VALUE DU-E TO FIRE DAMAGE GENERALLY LOCATED AT 275 IRONTON STREET N.E. : Ms. Dacy, Community Development Director, , stated that this is a variance to reduce the front yard setback from 35 feet to 8.2 feet and to reduce the side yard setback from 10 feet to 9. 8 feet in order to allow the reconstruction of a non-conforming structure damaged more than fifty percent of its value due to a fire. She stated that this structure was damaged by a fire in August, and the Chief Building Official has verifiec� that over fifty percent of the value of the structure was destroyed in the fire. Ms. Dacy stated that staff and the Appeals Commission recommend denial of the variance request, but it should be noted that there is a creek that meanders thrr�ugh the rear portion of the property and moving the house back m�ay impact the edge of that creek. She stated that some type of �'ront yard variance would be necessary, but since over fifty perqent of the value was destroyed, this may ' be the opportune time t� reconstruct the home within the existing code. Ms. Dacy reviewed so�he of the setbacks of other homes in the area, and some homes have,�only five feet to ten feet front yard setbacks. Mr. Blegen, the �etitioner, stated that all he wanted to do was to build on the sa�e footings. He stated that if he has to remove the existing found�tion, it would cost $15, 000. He stated that he is living in an;'apartment at the present time and would like to get started on �ebuilding. i Councilma �Schneider stated that he has contacted the Ward Council- member, � Fitzpatrick. He has indicated he supports this front yard va "iance. Ms. S orre, 295 Ironton Street, stated that she lives next door to this property, and the neighborhood is in favor qf the variance. She stated that if Mr. Blegen were to move the home back, it would i act on the beautiful oak trees on the property. She stated that ere are other homes with these setbacks, and they would like to , eep the integrity of the neighborhood. � Y �� RE50LUTION NO. 25 - 1993 RESOLUTION APPROVING A SUBDIVISION, LOT SPLIT, L.S. #93-01, TO CREATE TWO SEPARATE PARCELS GENERALLY LOCATED NORTH OF 615T AVENUE AND WEST OF 5TH STREET WHEREAS, the City Council approved a lot split at their March 15, 1993 meeting; and the Planning Commission stipulation attached as Exhibit A; and WHEREAS, such approval was to create two separate parcels from the Norwood Addition to Fridley Park plat and Lot 5, Auditor's Subdivision No. 59, to be described as follows: Parcel A: Lots one to sixteen (1-16) , inclusive in Block One (1) ; , and Lots one and thirty, in Block Two (2) , Norwood Addition to Fridley Park, according to the duly recorded plat thereof. That part of vacated Kent St. (now known as 62nd Ave. ) , dedicated in the plat of "Norwood Addition to Fridley Park", lying between the northerly extensions of the east and west lines of Block 2, said plat. That part of vacated 5th Ave. (now known as 4th Street) , dedicated in the plat of "Norwood Addition to Fridley Park" , lying between the westerly extension of the south line of Lot 30, Block 2, said plat, and the westerly extension of the north line of Lot 16, Block 1, said plat. That part of the vacated alley in Block 1, "Norwood Addition to Fridley Park", lying between the westerly extension of the north line of Lot 1, Block 1 and the westerly extension of the south line of Lot 8, Block 1. That part of the vacated alley in Block 2, "Norwood Addition to Fridley Park" , lying between the westerly extension of the north line of Lot 1, said Block 2, and the westerly extension of the south line of Lot 1, said Block 2 . Parcel B: Al1 of Lots 2 through 29, inclusive in Block Two (2) , "Norwood Addition to Fridley Park", according to the duly recorded plat thereof, Anoka County, Minnesota. That part of vacated 5th Ave. (now known as 4th Street) , dedicated in the plat of "Norwood Addition to Fridley Park", lying between the westerly extension of the south line of Lot 16, Block 2 , said plat, and the westerly extension ot the north line of Lot 29, Block 2, said plat. - - - - - • � <. Resolution No. 25 - 1993 Page 2 That part of the vacated alley in Block 2, "Norwood Addition to Fridley Park" , lying between the westerly extension of the north line of Lot 2, Block 2 and the westerly extension of the south line of Lot 15, said Block 2. Lot 5, Auditor's Subdivision No. 59, Anoka County, Minnesota. Except the South 180 feet of the West 183 feet of the Southeast Quarter of the Southwest Quarter of Section 14, Township 30, Range 24, Anoka County, Minnesota. And except that part of the Southeast Quarter of the Southwest Quarter of said Section 14, described as commencing at the Southwest corner thereof; thence Northerly along the West line thereof 30 feet; thence Easterly parallel with the South line of the Southeast Quarter of the Southwest Quarter of said Section 14, a distance of 127.22 feet; thence Northeasterly on a tangential curve to the left having a radius of 20 feet, a distance of 31.22 feet; thence Northerly, tangent left having a radius of 20 feet, a distance of 31.22 feet; thence Northerly, tangent to the last described curve, a distance of 100.96 feet; thence Northwesterly on a tangential curve to the left, having a radius of 45 feet, a distance of 31.99 feet to the North line of the South 180 feet of the Southeast Quarter of the Southwest Quarter of said Section 14, said point being the point of beginning of the tract to be described; thence continuing Northwesterly along the last described curve, a distance of 16.7 feet; thence Northwesterly tangent to the last described curve 56.94 feet; thence Northwesterly on a tangential curve to the right having a radius of 175 feet, a distance of 53.71 feet to its intersection with a line parallel with and 30 feet East of the West line of the Southeast Quarter of the Southwest Quarter of said Section 14; thence Southerly along said line parallel with and 30 feet East of the West line of said Southeast Quarter of the Southwest Quarter, to the North line of' the South 180 feet of said Southeast Quarter of the Southwest Quarter; thence Easterly along the North line of said South 180 feet to the actual point of beginning. And except that part of the Southeast Quarter of the Southwest Quarter of said Section 14, described as commencing at the Southwest corner thereof; thence Northerly along the West line thereof 30 feet; thence Easterly parallel with the South line of the Southeast Quarter of the Southwest Quarter of said Section 14, a distance of 127.22 feet; thence Northeasterly on a tangential curve to the left having a radius of 20 feet, a distance of 31.22 feet; thence Northerly tangent to the last described curve, a distance of 100.96 feet; thence Northwesterly on a tangential curve to the left having a radius of 45 feet, a distance of 48. 69 feet; thence Northwesterly tangent to the last described curve 56.94 feet; thence Northwesterly on a tangential curve to the right having a radius of 175 feet, a distance of 53.71 feet to the East line of the West 30 feet of the Southeast Quarter of the Southwest Quarter of said Section 14, said point of intersection being the actual point of beginning of the tract to be described; th�r�e continuing - ,, ,. Resolution No. 25 - 1993 Page 3 Northwesterly along said curve having a radius of 175 feet, a distance of 23 feet to the East line of the West 15 feet of said Southeast Quarter of the Southwest Quarter; thence Southerly along said East line to the intersection with the North line of the South 30 feet of said Southeast Quarter of the Southwest Quarter; thence Easterly along a line parallel with and 30 feet North of the South line of said Southeast Quarter of the Southwest Quarter, a distance of 15 feet to the East line of the West 30 feet of said Southeast Quarter of the Southwest Quarter; thence Northerly along the East line of the West 30 feet of said Southeast Quarter of the Southwest Quarter to the actual point of beginning. Subject to road right- of-ways on 61st Avenue N.E. and the East frontage road of State Highway No. 47 (University Avenue) . WHEREAS, the City has received the required Certificate of Survey from the owner; and WHEREAS, such approval will create two separate parcels from the Norwood Addition to Fridley Park plat and Lot 5, Auditor's Subdivision No. 59. NOW, THEREFORE, BE IT RESOLVED, that the City Council directs the petitioner to record this lot split at Anoka County within six months of this approval or else such approval shall be null and void. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 15TH DAY OF MARCH, 1993 . WILLIAM J. NEE - MAYOR . ATTEST: WILLIAM A. CHAMPA - CITY CLERK - , - EXHIBIT A Resolution No. 25 - 1993 Page 4 1. The petitioner shall execute and record an open air easement to provide an additional 4,830 square feet of land area on the � St. William's parcel. The proposed easement language shall be reviewed by the City Attorney prior to execution of the easement. The easement shall not be used to calculate setbacks or lot area calculations on the St. William's property. If necessary, a consent by a mortgage holder shall also be submitted. M �' RESOLUTION NO. 60 - 1993 RESOLUTION EXTENDING APPROVAL OF A SUBDIVISION, IAT SPLIT, L.S. #93-01, TO CREATE TWO SEPARATE PARCELS GENERALLY LOCATED NORTH OF 615T AVENUE AND WEST OF 5TH STREET WHEREAS, the City Council approved a lot split at their March 15, 1993 meeting; and the Planning Commission stipulation attached as Exhibit A; and WHEREAS, such approval was to create two separate parcels from the Norwood Addition to Fridley Park plat and Lot 5, Auditor's Subdivision No. 59, to be described as follows: Parcel A: Lots one to sixteen (1-16) , inclusive in Block One (1) ; and Lots one and thirty, in Block Two j2) , Norwood Addition to iFridley Park, according to the duly recorded plat thereof. That part of vacated Kent St. (now known as 62nd Ave. ) , dedicated in the plat of "Norwood Addition to Fridley Park", lying between the northerly extensions of the east and west lines of Block 2 , � said plat. That part of vacated 5th Ave. (now known as 4th Street) , dedicated in the plat of "Norwood Addition to Fridley Park", lying between the westerly extension of the south line of Lot 30, Block 2, said plat, and the westerly extension of the north line of Lot 16, Block l, said plat. That part of the vacated alley in Block 1, "Norwood Addition to Fridley Park" , lying between the westerly extension of the north line of Lot 1, Block 1 and the westerly extension of the south line of Lot 8, Block 1. That part of the vacated alley in Block 2, "Norwood Addition to Fridley Park", lying between the westerly extension of the north line of Lot 1, said Block 2, and the westerly extension of the south line of Lot 1, said Block 2 . Parcel B: All of Lots 2 through 29, inclusive in Block Two (2) , "Norwood Addition to Fridley Park", according to the duly recorded plat thereof, Anoka County, Minnesota. That part of vacated 5th Ave. (now known as 4th Street) , dedicated in the plat of "Norwood Addition to Fridley Park", lying between the westerly extension of the south line of Lot 16, Block 2, said plat, and the westerly extension of the north line of Lot 29, Block 2, said plat. . - Resolution No. 60 - 1993 Page 2 That part of the vacated alley in Block 2, "Norwood Addition to Fridley Park", lying between the westerly extension of the north line of Lot 2 , Block 2 and the westerly extension of the south line of Lot 15, said Block 2. Lot 5, Auditor's Subdivision No. 59, Anoka County, Minnesota. Except the South 180 feet of the West 183 feet of the Southeast Quarter of the Southwest Quarter of Section 14, Township 30, Range 24, Anoka County, Minnesota. And except that part of the Southeast Quarter of the Southwest Quarter of said Section 14, described as commencing at the Southwest corner thereof; thence Northerly along the West line thereof 30 feet; thence Easterly parallel with the South line of the Southeast Quarter of the Southwest Quarter of said Section 14, a distance of 127.22 feet; thence Northeasterly on a tangential curve to the left having a radius of 20 feet, a distance of 31.22 feet; thence Northerly, tangent left having a radius of 20 feet, a distance of 31.22 feet; thence Northerly, tangent to the last described curve, a distance of 100.96 feet; thence Northwesterly on a tangential curve to the left, having a radius of 45 feet, a distance of 31.99 feet to the North line of the South 180 feet of the Southeast Quarter of the Southwest Quarter of said Section 14, said point being the point of beginning of the tract to be described; thence continuing Northwesterly along the last described curve, a distance of 16.7 feet; thence Northwesterly tangent to the last described curve 56.94 feet; thence Northwesterly on a tangential curve to the right having a radius of 175 feet, a distance of 53 .71 feet to its intersection with a line parallel with and 30 feet East of the West line of the Southeast Quarter of the Southwest Quarter of said Section 14; thence Southerly along said line parallel with and 30 feet East of the West line of said Southeast Quarter of the Southwest Quarter, to the North line of the South 180 feet of said Southeast Quarter of the Southwest Quarter; thence Easterly along the North line of said South 180 feet to the actual point of beginning. And except that part of the Southeast Quarter of the Southwest Quarter of said Section 14, described as commencing at the Southwest corner thereof; thence Northerly along the West line thereof 30 feet; thence Easterly parallel with the South line of the Southeast Quarter of the Southwest Quarter of said Section 14, a distance of 127.22 feet; thence Northeasterly on a tangential curve to the left having a radius of 20 feet, a distance of 31.22 feet; thence Northerly tangent to the last described curve, a distance of 100.96 feet; thence Northwesterly on a tangential curve to the left having a radius of 45 feet, a distance of 48.69 feet; thence Northwesterly tangent to the last described curve 56.94 feet; thence Northwesterly on a tangential curve to the right having a radius of 175 feet, a distance of 53 .71 feet to the East line of the West 30 feet of the Southeast Quarter of the Southwest Quarter of said Section 14, said point of intersection being the actual point of beginning of the tract to be described; thence continuing � - - - - - - I , Resolution No. 60 - 1993 Page 3 Northwesterly along said curve having a radius of 175 feet, a distance of 23 feet to the East line of the West 15 feet of said � Southeast Quarter of the Southwest Quarter; thence Southerly along said East line to the intersection with the North line of the South 30 feet of said Southeast Quarter of the Southwest Quarter; thence Easterly along a line parallel with and 30 feet North of the South line of said Southeast Quarter of the Southwest Quarter, a distance of 15 feet to the East line of the West 30 feet of said Southeast Quarter of the Southwest Quarter; thence Northerly along the East line of the West 30 feet of said Southeast Quarter of the Southwest I Quarter to the actual point of beginning. Subject to road right- of-ways on 61st Avenue N.E. and the East frontage road of State Highway No. 47 (University Avenue) . ' WHEREAS, the City has received the required Certificate of Survey � from the owner; and WHEREAS, such approval will create two separate parcels from the Norwood Addition to Fridley Park plat and Lot 5, Auditor's I Subdivision No. 59; and WHEREAS, the petitioner, Westminster Corporation, has requested an extension for one year to September 1, 1994 to obtain .project approval from the Department of Housing and Urban Development. NOW, THEREFORE, BE IT RESOLVED, that the City Council directs the petitioner to record this lot split at Anoka County by September I l, 1994 or else such approval shall be null and void. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 13TH DAY OF SEPTEMBER, 1993. WILLIAM J. NEE - MAYOR ATTEST: WILLIAM A. CHAMPA - CITY CLERK � s EXHIBIT A Resolution No. 60 - 1993 Page 4 1. The petitioner shall execute and record an open air easement ' to provide an additional 4,830 square feet of land area on the St. William's parcel. The proposed easement language shall be reviewed by the City Attorney prior to execution of the easement. The easement shall not be used to calculate � setbacks or lot area calculations on the St. William's property. If necessary, a consent by a mortgage holder shall also be submitted. i STATE OF MINNESOTA ) CITY COIINCIL PROCEEDINGS COUNTY OF ANOKA ) PLAT/LOT SPLIT CITY OF FRIDLEY ) In the Matter of: a lot split, L.S. ��93-01 owner: Church of St. William (petitioner: Westminster Corporation) The above entitled matter came befor ' "--=�ley and was heard on the 15th day of _ :ion , for a plat/lot split pursuant to the ^� for the following described property: � � � °� o �- To create two separate parcels generally lc N � � 5th Street. See attached resolution for 1� � .� 4'1 Z U . v . +� .� s. +� �'� U A Z � � N IT IS ORDERED that, a plat/lot : � a � �wing . conditions or reasons: ro � Approval with one stipulation. See attac � City Council minutes of March 15, 1993. � � z �, '"' +-� N N STATE OF MINNESOTA ) � a � W � _ COUNTY OF ANOKA ) � a a C�� � v CITY OF FRIDLEY ) ¢ � . � � I, William A. Champa, City Clerk w.o v o in for said City of Fridley, do hereby � 3 E � Z �egoing copy and Order granting a plat/1 Z� H o ;hereof reserved in m office and have Y � P Y . .,� , w ld true H transcript of the whole thereof. 3� � a� m +, •� +� � IN TESTIMONY WHEREOF, I have he N+.► � � w �ity of Fridley, innesota, in the C �- '° v �o � day of 19 �� . wv � •� ¢ ' f ..„ � s.� F- �•.-i � p DRAFTED BY: o c v 4.°'., z , o � � � y .� p f,,, City of Fridley 3 � o � o 6431 University Avenue N.E. Fridley, MN 55432 0 � � •� � � Z m � 3 � � Z C rn .N F- � �� w'a � � � �SEAL) � � C A F-� � � ''' v Z o ,� a a., W a � ¢ w J a _ i � FRIDLEY CITY COIINCIL MBBTING OF MARCH 15, 1993 PAGE 7 he would suspect this also addresses Councilwom Jorgenson's concerns. However, if this were not the case, other members of the Council were in favor, it would not ' fluence the final outcome. Councilman Fitzpatriak stated that he as prepared to vote on the motion. Councilman Billings stated tha he stipulation for the underground irrigation system has been eliminated; however, it is a code requirement. He asked if his would be handled on the building permit. d th it would be handled in con'unc�ion with the Ms. Dac state 7 Y building permit. Councilman Bi ings asked if a letter would be required that at some perio of time Westminster would install the underground � irrigatio system to comply with the City's code. Ms. D y answered in the affirmative. UP A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and yor Nee declared the motion carried unanimously. �, B. RESOLUTION NO 25-1993 APPROVING A 5UBDIVISION LOT SPLIT, L S #93-01 BY WESTMINSTER CORPORATION TO CREATE TWO SEPARATE PARCELS GENERALLY LOCATED NORTH OF 61ST AVENUE AND WEST OF 5TH STREET• Ms. Dacy, Community Development Director, stated that this lot split divides St. William's church property into two parcels. Ms. Dacy stated that the Planning Commission recommended approval of the lot split request subject to the stipulation that the petitioner execute and record an open air easement to provide an additional 4,830 s�uare feet of land area on the St. WilZiam's parcel. She stated that the proposed easement language shall be reviewed by the City Attorney prior to execution of the easement, • and the easement shall not be used to calculate setbacks or lot area calculations on the St. William's property. She stated that if necessary, a consent by a mortgage holder shall also be submitted. MOTiON by Councilman Fitzpatrick to adopt Resolution No. 25-1993. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to receive the minutes of the Planning Commission meeting of February 24, 1993 . Seconded by ( Councilman Billings. Upon a voice vo�e, all voting aye, Mayor Nee declared the motion carried unanimously. - - , . RESOLUTION NO. 25 - 1993 RESOLUTION APPROVING A SUBDIVISION, LOT SPLIT, L.S. #93-01, TO CREATE TWO SEPARATE PARCELS GENER.ALLY LOCATED NORTH OF 61ST AVENUE AND WEST OF 5TH STREET WHEREAS, the City Council approved a lot split at their March 15, 1993 meeting; and the Planning Commission stipulation attached as Exhibit A; and WHEREAS, such approval was to create two separate parcels from tha Norwood Addition to Fridley Park plat and Lot 5, Auditor's � Subdivision l�io. 59, to be described as follows: Parcel A: Lots one to sixteen (1-16) , inclusive in Block One (1) ; and Lots one and thirty, in Block Two (2) , Norwood Addition to Fridley Park, according to the duly recorded plat thereof. That part of vacated Kent St. (now known as 62nd Ave. ) , dedicated in the plat of "Norwood Addition to Fridley Park", lying between the northerly extensions of the east and west lines of Block 2, ' said plat. That part of vacated 5th Ave. (now known as 4th Street) , dedicated in the plat of "Norwood Addition to Fridley Park" , lying between the westerly extension of the south line of Lot 30, Block 2 , said plat, and the westerly extension of the north line of Lot 16, Block 1, said plat. That part of the vacated alley in Block 1, "Norwood Addition to Fridley Park", lying between the westerly extension of the north line of Lot 1, Block 1 and the westerly extension of the south line of Lot 8, Block 1. That part of the vacated alley in Block 2� "Norwood Addition to Fridley Park" , lying between the westerly extension of the north line of Lot 1, said Block 2, and the westerly extension of the south line of Lot 1, said Block 2. ' Parcel B: All of Lots 2 through 29, inclusive in Block Two (2� , ' "Norwood Addition to Fridley Park", according to the duly recorded plat thereof, Anoka County, Minnesota. That part of vacated 5th Ave. (now known as 4th Street) , dedicated in the plat of "Norwood Addition to Fridley Park", lying between the westerly extension of the south line of Lot 16, Block 2, said plat, and the westerly extension of the north line of Lot 29, Block 2, said plat. . � • Resolution No. 25 - 1993 Page 2 That part of the vacated alley in Block 2, "Norwood Addition to Fridley Park", lying between the westerly extension of the north line of Lot 2, Block 2 and the westerly extension of the south line of Lot 15, said Block 2 . Lot 5, Auditor' s Subdivision No. 59, Anoka County, Minnesota. Except the South 180 feet of the West 183 feet of the Southeast Quarter of the Southwest Quarter of Section 14, Township 30, Range 24, Anoka County, Minnesota. And except that part of the Southeast Quarter of the Southwest Quarter of said Section 14, described as commencing at the Southwest corner thereof; thence Northerly along the West line thereof 30 feet; thence Easterly parallel with the South line of the Southeast Quarter of the Southwest Quarter of said Section 14, a distance of 127.22 feet; thence Northeasterly on a tangential curve to the left having a radius of 20 feet, a distance of 31.22 feet; thence Northerly, tangent left having a radius of 20 feet, a distance of 31.22 feet; thence Northerly, tangent to the last described curve, a distance of 100.96 feet; thence Northwesterly on a tangential curve to the left, having a radius of 45 feet, a distance of 31.99 feet to the North line of the South 180 feet of the Southeast Quarter of the Southwest Quarter of said Section 14, said point being the point of beginning of the tract to be described; thence continuing Northwesterly along the last described curve, a distance of 16.7 feet; thence Northwesterly tangent to the last described curve 56.94 feet; thence Northwesterly on a tangential curve to the right having a radius of 175 feet, a distance of 53 .71 feet to its intersection with a line parallel with and 30 feet East of the West line of the Southeast Quarter of the Southwest Quarter of said Section 14 ; thence Southerly along said line parallel witfi and 30 feet East of the West line of said Southeast Quarter of the Southwest Quarter, to the North line of the South 180 feet of said Southeast Quarter of the Southwest Quarter; thence Easterly along the North line of said South 180 feet to the actual point of beginning. And except that part of the Southeast Quarter of the Southwest Quarter of said Section 14, described as commencing at the Southwest corner thereof; thence Northerly along the West line thereof 30 feet; thence Easterly parallel with the South line of the Southeast Quarter of the Southwest Quarter of said Section 14, a distance of 127.22 feet; thence Northeasterly on a tangential curve to the left having a radius of 20 feet, a distance of 31.22 feet; thence Northerly tangent to the last described curve, a distance of 100.96 feet; thence Northwesterly on a tangential curve to the left having a radius of 45 feet, a distance of 48. 69 feet; thence Northwesterly tangent to the last described curve 56.94 feet; thence Northwesterly on a tangential curve to the right having a radius of 175 feet, a distance of 53 .71 feet to the East line of the West 30 feet of the Southeast Quarter of the Southwest Quarter of said Section 14, said point of intersection being the actual point of beginning of the tract to be described; thence continuing � + • Resolution No. 25 - 1993 Page 3 Northwesterly along said curve having a radius of 175 feet, a distance of 23 feet to the East line of the West 15 feet of said Southeast Quarter of the Southwest Quarter; thence Southerly along said East line to the intersection with the North line of the South 30 feet of said Southeast Quarter of the Southwest Quarter; thence Easterly along a line parallel with and 30 feet North of the South line of said Southeast Quarter of the Southwest Quarter, a distance of 15 feet to the East line of the West 30 feet of said Southeast . Quarter of the Southwest Quarter; thence Northerly along the East line of the West 30 feet of said Southeast Quarter of the Southwest Quarter to the actual point of beginning. Subject to road right- of-ways on 61st Avenue N.E. and the East frontage road of State Highway No. 47 (University Avenue) . WHEREAS, the City has received the required Certificate of Survey from the owner; and WHEREAS, such approval will create two separate parcels from the Norwood Addition to Fridley Park plat and Lot 5, Auditor's Subdivision No. 59. NOW, THEREFORE, BE IT RESOLVED, that the City Council directs the petitioner to record this lot split at Anoka County within six months of this approval or else such approval shall be null and void. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 15TH DAY OF MARCH, 1993 . WILLIAM J. NEE - MAYOR ATTEST: WILLIAM A. CHAMPA - CITY CLERK � a R EXHIBIT A Resolution No. 25 - 1993 Page 4 1. The petitioner shall execute and record an open air easement to provide an additional 4,830 square feet of land area on the St. William's parcel. The proposed easement language shall be reviewed by the City Attorney prior to execution of the easement. The easement shall not be used to calculate setbacks or lot area calculations on the St. William's property. If necessary, a consent by a mortgage holder shall also be submitted.