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LS87-08 DENIED� � 4 � CITY OF FRIDLEY 3 6431 UNIVERSITY AV N.E., , � .�„ ' F R I D L E Y, M N 5 5 4 3�,T:,... �..,.,�...,R,,.,,..,�..,,,,.,I�..,��.,5,�;��I,.�O R M L.S. # 8�� D � (612)571-3450 -. , � � o � 5'6 �.�� SPLIT FEE �_ PARK FEE �_ RECEIFr # / S�IEDULID PLANNING C�P�IISSION NIEETING Ix1TE: _�(v�� SQ-IEDULID CITY QOIJP�CIL i'�ETING I]�TE: PROPERTY INFORMATION An�Ess: o �:.�c.� � �S'�1 3 � L�AL D�SCRIFrIOIV: Gyt��"" f� LOT BI,OCK TRACT/ADDITION PRFS�NT ZC7NII�1G � � REASCRZ �R LOT SPLIT: A sketch af the property and the proposed lot split with any existing structures shaan should accamp�ny this apglication. Cew� C,u,� Q � �-- c��-P�-.�- q�� _ * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * FEE O`JVNER INFORMATION NAME �^' ~ , PHONE�� � � — O ^7 y � An�Ess �� � � �� � ,u ' SIGI�URE C , ( II�TE �� Note to Contract Purchasers• Fee Owne�s m � �Si�n*f*r* �r*o* * *p*o*e�ss�n�.* * * * * * * * * * * * * * * * * *'* * * * * * PETITIONER INFORMATION NAA1E � PHONE # ADDRFSS SIGNAZLIRE L1ATE * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * PLANNIlVG O�T'IMISSION : APPROJID DII�IIED DATE QTY QOUNCIL : APPRCIJID DENIED DATE STIFULATIDNS: � • . I,(� SPLa APPLI(�TION PROC�XTRE 1. Ob�tain apglication form at City Hall (6431 University Avenue N.E. , Fridley) 2. Return oomgleted apglication form with the required sketch of the property involved and the lot sglit fee of $100.00 for each original lot being split. 3. The application will be checked over by Staff and the aaner may be required to sutmit a Certificate of Survey oontaining a simgle description of a �xirt of a pl atted 1 ot or r egi st er ed 1 ot, al ong w ith th e r�ew �a rcel s cr eated w ith �.1 exi sti ng str uct ur es ti ed i n. 4. �e application will then be sul�nitted to the Planning Commission for their reoommendation. �e Planning Commission meets on the Wec�esday follaaing the City Council meeting, which is ge�,erally the first and third Wednesdays of th e morith. 5. Zhe reo�mmendations of the Planning Conunission are sutmitted to the City Council for f inal action. If a Certif icate of SurvEy wasn't requi red bef or e, it wi11 be required for this meeting. The City Council meets on the first and th i rd Nioilday s of the morith. 6. �e City Council appraval may be subject to certain stipul.ations which must be c�ompiled with b� the applicarit. 7. If appraved, the applicarit shall then have the land involved in th�: lot split surve�ed. ttpon receipt of the requi red Surv�yor's Certif icate, the Council shall pass a resolution apprwing the lot sglit. 8. Af_ter f inal appraval, a c�rtif ied oop� of the resolution approving the lot split and a "Certificate of Status" form shall be attached to the notice of appraval and forwarded to the applicant. 'i'he lot sglit, together with a oertified oop� of the resolution and "Certification of Status" form, shall thereafter be reoorded among the reoords of the County within one hundred eighty (180) days after the date of the resolution, tuil.ess a longer period of time is granted and provided for reoording at the time of appraval. 9. In all cases where City Council action has been souc�t and denied, no petition for ideritical action can be presented until a period of six moriths has elapsed. Ix7I�: THE RF�tJLTIl� RF1�L E5'PATE T11X�S Ai�ID SPECSAL ASSFSSI�+�TiS FbR ZHE NII�I PARC�S IN ZO�.I�L AFTIIt �E LOr SPLa I�Y E� �E AM7UNP ASSFSSID Z� �E ORIGINAL, PAR(�,,. ZHE FINANCE DE� OF FRIDLEY MAY BE ABLE � �7VIDE �iE F�TIl�TID AI�NP OF ADDITIOI�I�1L TAXES C[t ASSFSSI�iS. �_,s. �s�-oa 3� • • Williazn Henley _ CITYOF • FIZIDLEY CNIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE{612)571-3450 September 2, 1987 � WHOM IT I�Y QONC�'•RN: The City of Fridley Planning Commission will be holding an informal hearing on a request for a Lot Sglit, L.S. #87-08, by Willia�n Henley, to split parts of Lot 11, 12, 18 and 19, Block 2, Moore Lake Highlands, all generally located at 6300 Baker Street N.E. 'Ihe legal descriptions are as fallaas: PARC�L A. Lot 11, Block 2, except the South 90 feet and Lot 19, Block 2, except. the South 90 feet of the West 140 feet; all in Moore Lake Hiqhlancls. F�,RC�I, B. Lot 11, Block 2, except the North 60 feet; the North 40 feet of Lot 12, Block 2; the Nor th 115 feet of Lot 18, Block 2, except the South 80 feet of the North 115 feet and except the West 130 feet af the North 35 feet; Lot 19, Block 2, except the North 90 feet of the West 140 feet, lying South of the North 60 feet and except the West 130 feet af that g�rt of Lot 19 lying South of the North 90 feet thereof as measured along South and West lines thereof; all in Nbore Lake Highlands. Anyone who wishes to be heard shall be given the opporttmity at the Planning Co�nission meeting on Wec�esday, Sept. 16 , 1987 in the Council Chamber of City Hall at 6431 University Avenue N.E. at 7:30 p.m. STEVE BILLINGS Q3AIRr'Y�N PLAI�IING O�NII�IISSION ,_� . . ._,.�.,Y.. , L.s. #s�-os 8JJ • • ��7illiam Henley - "' �,7 � � � - , o � <«�� m y� _ _.�� � _ � � � so o � 14001 ��� � 1��1 �1 �, Ig �bl(6�> .I � � � �, �, >' 1 1 �V% l> ;soa) 9Z 97.5 5 9 . 2ar, � , u 1 '�' Q (���>C.! 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' � wEST �' � �° , " . eo.g ; .-_.. � 90 oRE ��K � � ;�� � ,Zz.'S � E . DRIVE ' �ao ' i �,Z�� ��zao) iz�i.s ,.+� � e , N 3 � 2 � � l;�^ �� '� ' , " �., ;' • � N��� � �5� . � �. ,,.c. � �' ��_y8 " ...... q �;- , , � ; 0 �� _ r O� N �W + , . . . � - � � . � i , � �: � , ,� - . '� \� our��(� / � .oa�r 2 � � �o � \ (/9�l `�c► �..c.�tal � � � ! I / LOCATlON MAP � „ L.s. #sz-oa 3B • . V�7illiam Henley L.S. #87-08 MAILING LIST Planning 9/2/87 William Henley Council William Henley Rabert Hoppe 6300 Baker Street N.E. 6362 Baker Street N.E. Fridley, MN 55432 Fridley, MN 55432 Donald Barrows Francis Van Dan 6225 Able Street N.E. 6342 Baker Street N.E. Fridley, MN 55432 Fridley, MN 55432 George Heilman Gerald Machcywicz 6261 Able Street N.E. 6314 Baker Street N.E. Fridley, MN 55432 Fridley, MN 55432 Daniel Johnson Leo Zuroski 6271 Able Street N.E. 6311 Able Street N.E. Fridley, MN 55432 Fridley, MN 55432 Vernon Hyvare Joseph Stanek 6281 Able Street N.E. 6301 Able Street N.E. Fridley, MN 55432 Fridley, MN 55432 John Foster Norman Johns 6285 Able Street N.E. 6321 Able Street N.E. Fridley, MN 55432 Fridley, MN 55432 Patricia Levoir Steven Yt�rick 6278 Baker Street N.E. 6359 Baker Street N.E. Fridley, MN 55432 Fridley, MN 55432 Douglas Blase Robert Bard 6264 Baker Street N.E. 6347 Baker Street N.E. Fridley, MN 55432 Fridley, MN 55432 Tiiriothy F�lund Michael Manuel 6250 Baker Street N.E. 6315 Baker Street N.E. Fridley, D�T 55432 Fridley, MN 55432 Rose Jasper John 0'Hara 6279 Baker Street N.E. 6301 Baker Street N.E. Fridley, MN� 55432 Fridley, MN 55432 Dale Beihoffer 6259 Baker Street N.E. Fridley, D�N 55432 Robert Guelker 6239 Baker Street N.E� Fridley, MN 55432 Henry Tschida 6229 Baker Street N.E. 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T-�_,.-.�.._._ - - ._.r,�_"___._.__.... _._.............._._._. ....,.v-.....�._._....._..._W_._._,_.__.:....,._....�....-.�_.�-.-�Li _ � - _..,.,__... ..�:.:_..._..,`.............�.._....,.._.........,..-.-__..:....-`__,.._�-,.,.i�.-3. . ...-__. • � 'k, �,,.._�r._w:._.. �.�.._:�...,.-..•_.. _ I-", _ II �--- • ��____ __ _ ____ • • L.s. #8�-08 3D William Henley August 11, 1987 . Willia�n Henley 6300 Baker Street N.E. Fridley, NSV 55432 , RE: Lot Split at 6300 Baker Street N.E. Dear Nlr. Henl ey: Staff has reviewed your lot split appl ication and compl eted an on-site inspectioa� of the property. At this time I must enphasize that your request is not oonsistent with City Codes. As I told you prior to your application the City Code requires 75 feet frontage for a buildable lat. Although you have the potential to split off 68 feet for the new lot, you have chosen to ask for a 60 foot frontage lot split apprwal. Your stated reason was to allaa access into your rear yard on the r�orth side of your hane. In as much as there is no driveway to your ', rear yard and you do have roughly 60 feet of open yard on the south of your hane, I would strongly advise that you revise your subdivision request to pravide a 68 foot lot. It is possible to obtain a lot width variance along with a lot split appraval, hawever, aze important aspect of such ap�araval is the oompatibility with the surrot.uzding neighborhood. Our review of the surro�ding lots showed all large parcels with mainly 90 foot frontages. In closing, I am riot sure that even a 68 foot wide lot on this block would meet with Council's appraval but past experience shows that a 60 foot lot would not. Please reconsider your petition and advise me of your intent. Sincer ely, Ja¢nes Robinson Planning Coordinator JLR/c�m C-87-354 � .�� / � . \ L �` � /`� . � ���� � �- 7 ��� �.�'��. Cc�� ,?�, �, � " , �-�-�, . s�'� � �- �.���w� i� � i � � ? 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CIVIC CENTER • 6-331 UNIVERSITY AVE. N.E. FRIDLEY, A1INNESOTA 55432 • PHONE(612)571-3�150 September 17, 1987 Wi11 iam Henl ey 6300 Baker Street N.E. Fridle�, NN 55432 Dea r Mr. Hent e�: On September 16, 1987, your petition for a lat split, L.S. �87-08, to split parts of Lats 11, 12, 18 and 19, Block 2, Nbore Lake Highlands, to create a 60 foot lot was denied b� the Fridley Planning Conmission. You are rr.�w being notifiec3 that your petition will be on the City Council agenda for September 28. 1987 for vonsideration. If you have arYy questions, ple�se feel free to call. Sincer e1y, Ja¢nes L. Robinson Pl anning Coor di nator JLR/dm C-87-459 � COMMISSION APPLICATIO REVIEW File Date Meetl� Dete Department Number �//�/� � C',�0�, Planning 69 7/28/87 a}{�-fg'�' FRlDLEY F��s Address/Description L.s. #g�-os COMPLETE REVIEW CHECKLIST william Henley - split parts of Lot 11, 12, T UR N TO P L A N N I N G 18 and 19, Block 2, D�oore Lake Highlands. 63 Baker � COMMENTS � � �-, •� :�:�' (D� �L�-�-�= -��--`�'� �� '� � . G�` � s �'�s rt�..,., E B B i E _ ��,l�,c.�o� y�-� d� ..�2.. ��L�U r � ' Cun-�--. C�-�� nn��.a� � �-� � J M � � ; DEBBIE � �g r ' - y1�-l�tJ- G����� JOH N l�� - ,��- �,�,�- �- D E 8 B i E �� . , � c��-- ��,�v� � U .� �� � n�'j� L�DARREL ���` �- �. � n�� �` , � , �,� . � �- ,�,,,�,�m� D E B B 1 E ��.,/��� � C��- �� G��. � --��- . %��` CLYDE `� y ,� , D E B B 1 E �. �' �� r� �' � ^'r�,°'�,�c. ����=' d�' •/"� ' �i _ t�,,.,� G_.� /� - _ � MARK � ���✓ D E B BI E ��h,� ��',, G �rY���. �'�- � ��`� wM LEON ��� � D E B B I E C�C�, �� � � C�. ..,,���,�, t�� �I� /'�/j� ��'0�7:i� � ;� 1''!�_�j�.�Q... �l--rG�i �J')�...Q.� /�I ��� � ���� � �', V - - - - - - - - - - -- -- - - . I � � PLANNING DIVI�iON �illiam7Henley 3C � MEMORANDUM cinroF FRI DLEY I4END �: Pl anning Conmissi an Jock Robertson, Commuzity Develognent Director NEMJ FROM: Jim Robinson, Planning Coordinator MEND I]��TE: September 11, 1987 RE�ARDII�: William Henle�, L.S. #87-08 On July 28, 1987 Mr. William Henley made appl ication to the City for a subdivisian of his property located at 6300 Baker Avenue N.E. Mr. Henl ey's proposal is to split off the mrtherly 60 feet of his lot in order to create a new building site which he would sell to a prospective builder. Prior to the official application, I strongly recommended to Mr. Henley that he upgrac3e his lat split to create at least a 58 foot wide lot which would be closer to the Code requireqnent of 75 feet. Mr. Henley rejected this suggestian stating that he needed the additional setback from the north face of his garage in order to provide vd�icular acoess to his yard. After further staff review and an on-site inspectioal of the property, I sent Mr. Henley the attached letter, dated August 11, 1987, strongly advising that he revise his subdivisiai to prwide far a 68 foot lat. I pointed out that the majority of the lots in the ar� have 90 foot frontages and the proposal for 60 feet would oertainly not be consistent with the other lots on the block. Mr. Henley did not respond to air request. On September 10, 1987 I phoned the Henley's and spoke to Mrs. Henley regarding our reservations oonoerning the lat spl.it. In addition to the width prohlan I related to her, additional conaerns raised by the Public Works Department wnoerning drainage in the area. The proposed new lot is a large depressed area which is a natural storm drainage collection and percolation area. Public Works suggested that if a house were to be allawed to be constructed on this lot that it should be located as far forward toward street grade as possible to leave sufficierit are� for pero�lation. �he request is further wmplicated b� the fact that it is neoessary to average setbacks acoording to Code. Based upon this averaging r�uiranent the proposed house woul.d need to be set back approximately 60 feet. Ztao neic�bors have also expressed their disappraval for the petition. Mrs. Machowicz who resides just rbrth of the proposed sglit will be at-the meeting ta voiae her oppositiori. " Because o�f the prohlens associated with the lot split I offered to return their application fee if they would withdraw the application prior to the Planning Commission. Mrs. Henley stated that they were intent upon prooeeding with the lot split and that they did not desire to c3�ange the lot split request in any fashion. Based upon the negative aspects of this subdiv isi on staf f reoon¢nerx� denial. JI�R/c�n l�87-187 • PLANNING DIVIrION 81 MEMORANDU M cinr oF FRlDLEY NEND ZO: ci ty Counci.l Jock Robertson, Conmt,mity Develognent Director N�Ni� FROM: Jim Robinson, Planning Coordinator � r�ND IY�TE: September 23, 1987 RF�ARDING: Henl ey Lot Sgl it On Sept�nber 16, 1987 the Planning Commission re�iewed a lat split request by Mr. Williaan Henley at 6300 Baker Avenue. Denial of the subdivision was reo�rcanended }�y staff due to insuff icierit lat width (60 ft. vs. 75 ft.) in an area of predominantly 90 foot wide lats. Zhe PlanningConmissi� tmanimously reooinnended denial o� the lat sglit for 60 feet and further �ssed an ac�itional matioci stating that even a 68 foot wide lot, which Henley vould pravide, would not pe acceptable. The request is further cnmglicated by the fact that the area is a natural depression which collects and percolates storm water from the adjacent properties. Public Works is ooncerned that a structure placed in this area would create drainage problens for the abutting properties. JI�i/ci�n N�-87 193 L.S. #87-08 ��� „ , � , t William Henley �•. ('ic,•i/ 3, :�tunicipal Enginerrrrtg • Suil Tc�st�ng � Lnnd .�ur:•��v�r.f: • I,cnc.�` 1`fanning K E �"� �l Fa� = i� � EN L N I60•oo — to.00 - - l50.00 -- ' � I ' P� /' �. ° � , � �. 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P _ �` —` �z t � � �,�_� �� � e e �, ',� � � � � � �3., � e , � �. ;� ,�� � _ _ ,�� • . , ,�s � �.. , �. . .��.. ';'�`, '"�e. e` . r-� *1 , � , ;. � '� �. , - . . .� � . : � �� x * v..., s _ _ � . . .�� �. , t . ,,: ,�. , . , � , �,- , .-. � � .- � �" � �� � � � � � .y � �� � .`1'4�.- $ � �� ' = � r.� .. �, F �� �� s .;" � �t��.�TTtN1 `� � �.z ;, �'�� �I � . � � � . . . n�.��� � �� �.. ��„� � n � i'1� �?0�-%8� ��� � . � � s�� � #� •�•� �'� i� ti f.;�; _, ,�v� _ b ' �� r. � � � �� , �. � ,_ - ��. �.. <, �� ,, ��<� �� ��� ; � � , ..... ,.ari�. .,. c ;p • � • • • PLANNIIJG COMPIISSIOtJ MEETI(JG, SEPTEMBER 16, 1987 PAGE 3 3. There will be no heating of tar in tankers or kettles on th Central Roofing site or abutting right-of-4ray. 4. The Environmental Assessment LJorksheet ( EAW), prepared y Central Roofing dated Sept. 16, 1987, will be considered find'ngs of fact related to the granting of special use nermit, SP # -17, environ- mental impacts due to Central Roofing operations , yond those described in said EALJ, may be- cause for review an revocation of the special use permit. 5. Storage of materials and equipment shall be naged so as not to be visible from the public right-of-way or r sidential view. 6. Provide hard surface parking and connecti e drive►vay both with curb and gutter, prior to occupancy of pr000 d office building or by October 1 , 19II8, whichever comes first 7. Resod and provide landscaping along �ith automatic springkling in area between Main Street and scree ing fence to be installed b.y Octaber 1 , 1.988. The City reser s the right to modify the plan in ' order to make it consistent wit proposed landscaping by Rubber Researci� to south. 8. A performance bond or lette of credit for $15,000 to be provided to t�e City to cover outsi e improvements , prior to occupancy of the site. 9. Special use permit co liance to be reviewed by public hearing in October 1988 or soon r with format specified by the City Council if violation of any c dition(s) is reported. Mr. Spigarelli stated he ad no problems with any of the stipulations. MOTION by Ms. Sherek, econded by Mr. Kondrick, to close the public hearing. Upon a voice vote, 1 voting aye, Chairperson Billings declared the public hearing closed at :42 p.m. Mr. Billings st ed Staff and the petitioner have spent a lot of time on this and have done good job in working things out. MOTIO�J by Mr Betzold, seconded by Mr. Saba, to recommend to City Council approval of special use permit, SP #87-17, by Central Roofing Company, per Section 2 .18.1 , C, 9, of the Fridley City Code to allow exterior storage of mater'als and equipment on part of Lot 1 , Auditor's Subdivision No. 79, the sa being 4500 P1ain Street �J.E. , with the following stipulations : . All tar tanker trucks and kettles will be parked (for both lonq and short term durations) on the northwest corner of the site as indicated on the site plan dated Sept. 16, 1987. t .. • • , PLAtJNIfJG COMMISSION MEETING, SEPTEMBER 16, 1987 PAGE 4 2. Emissions of tar odors from Central Roofing site and abut ng right- of-way to be managed in such a way as not to exceed the evels stated in odor emission test report by Twin City Test' g dated May 4, 1987. 3. There will be no heating of tar in tankers or ke es on the Central Roofing site or abutting right-of-way. 4. The Environmental Assessment lJorksheet (EAS) repared by Central Roofing dated Sept. 16, 1987, will be cons ' ered findings of fact related to the granting of special use p mit, SP #87-17, environ- mental impacts due to Central Roofing erations, beyond those described in said EAW, may be cause r review and revocation of the special use permit. 5. Storage of materials and equipme shall be managed so as not to be visible from the public right- -way or residential view. 6. Provide hard surface parking nd connective driveway both with curb and gutter prior to occupa y of proposed office building on or by Oct. 1 , 1988, whichever mes first. 7. Resod and provide land aping along with automatic sprinkling in area between tlain St et and screening fence to be installed by October 1 , 1988. e City reserves the right to modify the pTan in order to make it onsistent with proposed landscaping by Rubber Research to so h. 8. A performanc bond or letter of credit for $15,000 to be provided to the Cit to cover outside improvements prior to occupancy of the site. 9. Specia use permit compliance to be reviewed by public hearing in Octo r 1988 or sooner with format specified by the City Council if vi ation of any condition(s) is reported. UPO�J A ICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLI��GS DECLARED THE MOTIOP� CARRI UWAPJIMOUSLY. M . Robinson stated this item would go to City Council on 2. CO(JSIDERATIOf� OF A LOT SPLIT, L.S. #87-08, BY WILLIAr•1 HENLEY: o sp it parts of Lot , , 8 an 9, B oc , �oore a e Highlands , all generally located at 6300 Baker Street N.E. The legal descriptions are as follows: PARCEL A: Lot 11 , Block 2, except the South 90 feet and Lot 19, Block 2, except the South 90 feet of the West 140 feet; all in P1oore Lake Highlands. PARCEL B: Lot 11 , Block 2, except the Pdorth 60 feet; the North 40 feet of Lot 12, Block 2; the iJorth 115 feet of Lot 18, Block 2, except the South 80 feet of the North 115 feet and except the West 130 feet of the North 35 feet; Lot 19, Block 2, except the North 90 feet of the tiJest 140 feet, lyinq South of the North 60 feet and except the West 130 feet of that part of � Lot 19 lying South of the North 90 feet thereof as measured alona South and West lines thereof; all in Moore Lake Highlands. I i � • • PLAN�JIIdG COMP1ISSION MEETING, SEPTEMBER 1G, 1987 PAGE 5 P1r. Robinson stated the lot split in question was located on the 6300 block of Baker Street. The lot was zoned single family. The proposal was to split off the northerly 60 feet of the property (Parcel A). The City requires lots to 5e 75 ft. in width and 9,000 sq. ft. in area. Although this lot (Parcel A) was 9,600 sq. ft. in area as proposed, it would be 15 ft. short as far as lot width. P�r. Robinson stated Staff has discussed this lot split with Mr. Henley, and Mr. Henley feels this is the best lot split he can propose at this time. Staff felt there was the potential to make that parcel 68 f1:. instead �f 60 feet. Due to concerns of access to the rear yard, this suggestion was not heeded by Mr. Henley, and he has decided to go ahead with the 60 ft. lot width. ��1r. Robinson stated there was a large depression in the area of the proposed nev� lot which was a natural water collection area and also a percolation area. This area ►vas really quite low, and the house to the north was a walk-out on the south and west--approximate elevation change was 7-8 feet. The Public lJorks Department had expressed the concern that if a house was placed in this area some of the natural percolation would be impeded and the water would have no place to go and could cause some flooding to adjacent properties. Mr. Robinson stated the Commission has received two letters , one from Janet Stanek, 6301 Able St. , and Rose Jasper, 6270 Baker St. , stating they , objected to the lot split. MOTION by Ms. Sherek, seconded by Mr. Saba, to receive into the record the el tters from Ms. Stanek and F1s. Jasper. UPON A VOICE VOTE, ALL VOTIt��G AYE, CHAIRPERSON BILLINGS DECLARED THE P40TIO�J CARRIED UNANIMOUSLY. Mr. Robinson stated all the other lots in the area are at least 90 feet in width, so Staff did not feel a 60 ft. wide lot would be consistent with the neighborhood, even though the City has granted lot width variances in the past in other areas when the lot width reduction was consistent with the lot widths in the area. He stated Staff would recommend denial of a 60 ft. wide lot at this time. Stipulations that would be recommended if the lot solit was approved were as follows: 1 . Petitioner to provide a realigned driveway and curb cut for existing house at least three feet from proposed parcel prior to recording split. 2. New house to be set back sixty feet (to meet averaging require- ment) or variance approved. 3. New house location and drainage provisions to be authorized by Public Works prior to recording lot split. 4. Park fee of $750 to be paid prior to recording lot split. i � • • , PLANNING COP�f1ISSI0W MEETI�dG, SEPTEMBER 16, 1987 PAGE 6 5. Variance for lot width to be approved by City Council with lot split approval . Mr. Henley stated he felt there was plenty of room to the north for a buffer zone between a new house and his house. As far as percolation, all the yards at one time sloped down in back and one by one they have all been filled in. If the lot split was approved and a new house built on the lot, he would be more than willing for the Commission to put on a stipulation that a sewer be placed in the yard in case of an overflow of water. He stated they have had two big rain gushers within the last few years in this neighborhood, and there has not been any water standing in his yard. P�r. Henley stated the problem he had with a 68 ft. wide lot was that it would not give him enough space or his new neighbor enough space, and he would have the hardship of having to move his driveway over and put a new gate into the hack yard. At this time, he did not �vant to have to do that. P�r. Billings asked the petitioner if he was aware that if the lot s�lit was approved for 60 ft. , that he would have a remaining lot v�idth for his lot of 13U feet. Mr. Henley stated, yes , he was aware of that. It was a very big lot with a very big yard, and it was really too big for his family. He bought the lot a little over two years ago. Since then, things have tighted up for him financially, and since he had been approached about the availability of the lot, he decided to look into the possibility of splitting the lot. The money generated off the lot would go directly against the principle payments on his house; he could remortgage liis property at a lower interest rate and reduce the payments by half. Mr. Betzold s�ated that by selling off 68 ft. , P�r. Heniey would not only get more money for the lot but would probably be paying less taxes on the smaller lot he would be keeping. Mr. Henley stated he had thought about that, but he would then have to rebuild his driveway. When he rebuilds his driveway in about 5-6 years, he would want to rebuild it in concrete rather than asphalt. If he rebuilds the driveway, then he would have to go a little bit south and put a gate on the south side of the house and proably have to put in some kind of curbing so he could get vehicle, boat, and other things into the back yard. If he has to give up 68 ft. , he would do that; but that would limit his ability to get into his back yard and it would be a financial hardship. He felt there was plenty of room for a house on a 60 ft. wide lot so he had decided to apply for the lot split for 60 ft. Mr. Gerald Machow�cz, 6314 Baker St. , stated he owned the lot north of Mr. Henley. He stated he bought his property in 1954, and he thought 90 ft. widths were supposed to be the standard size lot in Fridley. He stated he had had water problems before, but never in the basement, just up to the walk- out door. Mr. Henley has put a lot of fill in his back yard and changed the basin, so Mr. Machowicz stated he did not know what was going to happen when there is a lot of rain or snow. He stated he would object to both a 60 ft. lot and a 68 ft, lot width. i . • . , PL/�N(�I�JG COPIP1ISSION MEETItdG, SEPTEMBER 16, 1987 PAGE 7 Ms. Mary van Dan, 6342 Baker St. , stated she lived just north of Mr. P1achowicz. In a sense, this lot split did not have any direct impact on her lot, but she would certainly like to endor.se Ptr. Machowicz' feelings about not approving a lot split on this particular lot. As many of the Comrtission members knew, she had served on the Planning Commission, and she could remember discussing many issues of lot splits and turning them down because they did not meet the standard size. She stated that during heavy rains, water has gone up to Mr. Machowicz' basement door. The environmental impact of a new house on the proposed new lot would have a detrimental impact on P1r. P�achowicz' house. Mr. Francis van Dan, 6342 Baker St. , stated although he emphasized with Mr. Henley who, by selling off the northerly portion of his property, could reduce his house payments, he would have to support the view of P•1r. Plachowidz that the lot split not be approved. t�r. R. C. Bard, 6347 Baker St. , stated this lot split also did not affect him directly, but he felt a smaller house on the 60 ft. lot would be very hazard- ous to the percolation of water. The house would shed more water, plus the excess water from P�r. Henley's lot, would really cause a problem for �' Mr. P�achovricz. He stated another storm sewer might have to be added in the area and this would be an added expense to the property o�tners in the whole I area. He was opposed to the lot split. Mr. Robinson stated he did not believe there was a storm sewer in Baker St. at this time. The street crests and drains both to the north and south. In this lot the depression was a natural drainage area for the residential property and was a critical area for percolation. Mr. Betzold stated a 60 ft. wide lot was definitely out of the question. It was a substandard lot and the whole purpose of changing the code years ago to 75 ft. was well founded so there were not the problems that 60 ft. lots create. He found it unfortunate that Mr. Nenley was not willing to discuss with ti�e City a larger lot, but even at 68 ft. , he thought it would be so out of character for this neighborhood that it could cause some other problems. He could not go along with a lot split for either a 60 ft. or 68 ft. wide lot. t1r. Kondrick stated he agreed with Mr. Betzold. He thought there could be a big water problem for both Mr, i�achowicz and any owner of a new house. He could not be satisfied with a lot width of either 60 ft. or 68 ft. , and there did not seem to be any feasible way to extend the lot width any more than 68 ft. �+Ir. Saba stated he agreed with Mr. Betzold and Mr. Kondrick. Mr. Billings stated that in looking at the property, he noticed that all of the lots in this neighborhood were of extensive size. Even a code size lot of 75 ft. , althought it would be legal , really would not be in character with this particular neighborhood. He could not supp�rt a 6Q ft. lot width, and he doubted that he could support a lot split for a 68 ft. lot width. j • • • � � PL�aNNI�JG COf�t1ISSI0N PIEETItJG, SEPTEMBER 16, 1987 PAGE 8 MOTIOPJ by Mr. Kondrick, seconded by Mr. Betzold, to recommend to City ounc� denial of lot split, L.S. #87-08, by William Henley. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINr,S DECLARED THE MOTION CARRIED UNAP�IMOUSLY. i Ms. Sherek stated she did not feel a 68 ft, lot width would be in keeping with the neighborhood, and she thought that was something they should emphasize to the City Council . MOTIO�d by Mr. Kondrick, seconded by P�r. Betzold, to direct Staff to brinq it to the City Council 's attention that a 68 ft. lot width in this neighbor- hood would not be in keeping with the neighborhood and the Planning Commission would be opposed to a lot split for a 68 ft. wide lot also. UPON A VOIC E VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARED THE P�OTIOPJ CARRIED U��ANIPIOUSLY. ' Mr. Robinson stated this item would go to City Council on 3. CO�JSIDERATION OF A VACATIOPJ, SAV #87-09, BY GREGORY MORTENSOPJ: o vacate t e oot ra�nage easement on t e nort s� e o t 3, Block 2, Heather Hills Second Addition, the same being 6191 Kerry ne PJ.E. ` Mr. Robinson stated this property was located on th east side of Kerry Lane in the 6100 block. The petition was to vacate a ft. drainage/utility easement located on the north side of the prop ty. The petitioner also requested a variance. Originally, the vari ce was not only to allo�v the existing encroachment of an existing gara from 5 ft. to 4.6 ft. , but also for a proposed expansion of living are n the rear of the home for a side yard setback from 10 ft. to 4.4 ft. n Sept. 1 , the Appeals Commission recommended denial of the side yar setback but did supp�rt ��Che variance for the existing garage. On Sept. , the City Council approved both variances. At this time, the petitioner s seeking to vacate this easement in order to clean up the tftle with e existing garage being in that easement. Mr. Robinson stated th ommission had received a memo from the Public Works Department supportin the vacation of the drainage/utility easement and that the vacation shoul n�t create any problems in terms of storm water, and there were no utilitie in the easement. Mr. Robinson tated the Corimission had also received a letter dated Sept. 14 from Larry nd Kathleen P1orford at 6235 Kerry Lane stating they were fully aware of r. Mortenson's building plans and had no objections. _ MOTIO by Mr. Kondrick, seconded by Mr. Svanda, to receive the letter from ar & Kathleen Morford. ON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARED THE MOTIOfJ CARRIED UNANIMOUSLY. • • COUNCIL I�ETING OF SEPTEI�IDER 28, 1987 Council, Commissions, and staff to take part. He stated, essent y, the same results Were found as those of T�ain City Testing. Mr. Robe son stated the company submitted an Envirorimental Assessment Worksheet a the Planning Commission noted there would be little or no environmental acts from ths business. He stated staff is, therefore, recommending pproval of the special use permit. Couneilman Fitzpatrick asked if the petitioner W aware of all the stipulations to which both Nk�. Robertson and the pe ioner answered in the affirmative. MOTION by Councilman Fitzpatrick to grant spec use permit, SP �87-17 to allow exterior storage of materials and equi nt at 4500 Main Street, with the follawing stipulations: (1) all tar ta r trucks and kettles will be parked (for both long and short term dura ns) on the nor.thwest corner of the site as indicated on the site pl ' dated September 16 , 1987 ; (2) emissions of tar odors from Central Ro ng site and abutting right-of-way to be managed in such a way as not �o exeeed the levels stated in odor emission test report by Twin City T ting dated May 4, 1987; (3) there will be no heating of tar in tankers o � ettles on the Central Roofing site or abutting right-of-way; (4) the ironmental Assessment Worksheet (EAW) , prepared by Central Roofing da d September 16, 1987, Will be considered findings of fact related t the granting of this special use permit, environmental impacts du to Central Roofing operations, beyond those described in said EAW, ma cause for review and revocation of the special use permit; (5) storage materials and equipment shall be managed so as not to be visible from he public right-of-way or residential view; (6) provide hardsurface rking and connective driveway both with curb and gutter; prior to oc pancy of proposed office building or by October 1 , 1988, Whichever c �s first; (7) resod and provide landscaping along with automatic spri ng in area between Main Street and screening fence to be installed by ober 1, 1988. TYie City reserves the right to modify the plan in order o make it consistent with proposed landseaping by Rubber Researeh t the south ; (8) a performance bond or letter of credit for $15,000 t provided to the City, to cover outside improvements, prior to oecupanc of the site; and (9) special use permit compliance to be reviewed at pub hearing in October, 1988, or sooner with format specified by the City uneil if violation of any eondition(s) is reported. Seconded by Co lman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee deelared t motion carried unanimously. B. CONSIDERATION OF A LOT SPLIT, L.S. #87-08, TO SPLIT PARTS OF LOTS 11, 12, 18 AND 19, BLOCR 2, MOORE LAI� HIGHLANAS, ALL GENERALLY LOCATED AT 6300 BAI�R STREET N.E., BY WILLIAM HENLEY• Mr. Robertson, Community Development Director, stated this proposal is to split a lot at 6300 Baker Street. He stated the lot would be 60 feet Wide and g,000 square feet in area. Mr. Robertson stated the code requires lots be ?5 feet Wide, therefore, this proposed lot Would not meet the minim� lot width. He stated staff felt this lot could possibly be 68 feet Wide, however, the petitioner did not Want to change his request due to concerns -7- . • ^ ' COUNCIL MEETING OF SEPTEI�ffiER 28, 1987 about access to his rear yard. He stated other lots in the area are 90 feet wide and felt the 60 foot Wide lot would be ineonsistent with the ne igh borh ood. Mr. Robertson stated the lot is a natural depression which collects and percolates water from ad�acent properties and there is concern that a structure placed in this area would ereate drainage problems. Mr. Robertson stated two letters of ob�ection to this lot split were received by the Planning Commission. He stated the Planning Commission unanimously voted to deriy this lot split and asked staff to bring to the Council's attention that the Commission feels even a 68 foot wide lot would be inconsistent with the neighborhood. MOTION by Councilman Schneider to concur with the recommendation of the Planning Commission and derry lot split, L.S. �87-08. Seconded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Schneider stated even if a lot split was submitted for a 68 foot wide lot, he would not support it. C. CONSIDERATION OF A VACATION, SAV �87-09, TO VACATE THE 6 FOOT DRAINAGE EASEMENT ON TI� NORTH SIDE OF LOT BLOCK 2 TI� SAME BEING 61 1 RERRY LANE N.E. BY GREGORY MORTEKSON: MOTION by Councilman Schneider to set the publie hearin n this vacation request for October 19, 1987 . Seconded by Couneilman z patrick. Upon a voice vote, all voting aye, Mayor Nee declare the motion carried unanimously. MOTION by Councilman Schneider to receiv he minutes of the Planning Commission meeting of September 16 , 1 7 . Seconded by Councilman Fitzpatrick. Opon a voice vote, all v ing aye, Mayor Nee declared the motion carried unanimously. 9. RESOLUTION N0. -1 8 AUTHORIZI AN AGREEt�NT BET1�lEEN TI� CITY OF FRIDLEY AND THE MINNESOTA DEPARTI�NT OF RANSPORTATION (MNDOT) FOR THE CONSTRUCTION REVISION MAINTENANCE AND OP TION OF AN EMERGENCY VEHICLE TRAFFIC CONTROL PRE-EMPTION SYSTEM (EVP) A ARiOT]S INTERSECTIONS ON STATE TRUNK HIGHWAY 65: Mr. Aldrich, Fire Chi , stated this agreement is identical to the first phase of the Optico ystem approved last year, except the Department of Transportation ha ow requested a log on the use of the interseetion. He stated the inst ation of the E�IP system will be on Highway 65 at Osborne Road, 73rd Av ue, Rice Creek Road, West Moore Lake Drive and 53rd Avenue. Mr. Qure , City Manager, asked if the Police Department would also keep a log. . Aldrich stated this was his understanding and it may be more of a probl for the Police Department than it Would for the Fire Department. M or Nee asked when this system Would be installed at University and -8- / • t p • CITYOF FRIDLEY CNIC CENTER • 6431 UN[VERSITY AVE. N.E. FRIDLEY, MINNESOTA SS432 • PHONE(612)57l-345O CITY ODUNCIL ACTION AI�N N�TICE William Henley Octaber 6, 1987 6300 Baker Avenue N.E. Fridley, NN 55432 On Septeqnber 28, 1987 the Fridl� City Cou�cil o�ficially denied your request f� a 1 ot sgl it, L.S. #67-0 8, to spl it parts of Lats 11, 12, 18 and 19, Block 2, Moore Lake Highlancis, all generally located at 6300 Baker Street N.E. If you have any questions regarding the above action, please call the . Planning De�xirtrnent at 571-3450. Sincerely, ' G.v''„� . Jaanes L. RQbinson Pl anning Coordi nator JLR/dm