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LS88-07 I � �� CITY OF FRI DLEY 6431 UNIVERSITY A .E. 2D � � FRIDLEY, MN 5543 LOT SPLI�ORM L.S. "►J� �� `" � y� (612)571-3450 � I� SPLIT FEE f� O PARK FEE RECEIF.P # 3/�%/ ��m �� Sz� �� : j1�J �8 S�iIDtJLID CITY dOiTNCIL MEETING LIATE: PROPERTY INFORMATION ✓, �r�s: /3 d�o 5^'/"��`'�'d�� C�/ .. LEGAL DES�tIFrION: ��' � � ��`x ��`/ ��''�� LOT � BL�OCK �2P,CT/ADDITIDN -�4�� ' ��L � PRFSFNT ZONING REASON FUR LOT SPLIT: A sketch c� the property and the proposed lot sglit with any existing structures shaan should acoan�ny this application. , , , .`` �f�'�v l-/� 3_._f,�CN,�- �' �`/�f"d f:��" j c� � * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * FEE OWNER INFORMI�TION � � �G �l �-er� �� v�-'�� PxaNE � ,�-J� �`�� ' . A��s �.,;�04 S`r"l l�yrJ v'�',�' G`' /� ,� � C� SIGNAZURE ��f� ��--��' '"'�'•' L�ATE j�✓'� `� � Note to Contract Purchasers; Fee Owne�s*m�s� �Si�n*f** �r*o* *o*p*o*e�ss�n�.* * * * * * * * * * * * * * * * * * * * * * * PETITIONER INFORMATION NAI`9E ^.�7�'��f �---_ PHONE # ADL�2FSS SIGNAZURE DATE * * * * * * * * � � * * * � � * * * * * * * * * * * * * * * * * * * * * * * * * * * PLANNING �AII�JISSION : APPRWID DII3� L1ATE QTY O�UNCIL : APPRWID DE�IIED I�TE SI'IPULATIONS: �[ompan►es _ �>�5i.5 Iliqh�unt�(,S NF !'O Rux 32.?(1R �finnr�i��l�s. �i,N f�5�1"17 (6J21 Si I h�!I�r. — - SUBURBAN ENG/NEERING, lN[. 122°_?";,��"Y,�„e s�� l3urnsvdle, MN 55337 ,�,�r� ,w�,��;,-,�;� ('iuJ.Alinn�rpul R(„o�„��„�eni,il t n,r��r,�,�n,� • I ond�wveyi��q •. (anJ Ptanning • $oiJ 7rs�mg Ce�tificate ot Burvep for ��-�-�aM sf�/�LI�s ��nc, ,+nb -`� ;.�'; . ' :°��:,:- 71�02 � + /.. `.75,��rQv _ _ - y,o Z r ;_�. �t:y ,- -- __-- _ Ur��Q , , ��k " ._".....�.._. \ `_.�t—� , / __I `�� / � ' %\ J ' � i ` � V K _ ;!` M / , : o Scae � l = 4o o , � G P I v �'} ___ — __._ \i� 0 � � � �� ¢.:��,�� r✓�,r� morwm�n� \� 1 � i , \ � �`' � -----._ _ � . � � .�,� � o�b % A� � � - 7 i,�Z _ �7�Y1'�lnC71� �/-�f�ll� �� o�� .� �Q� o�'��e W�� oo �'Q� o�'L�� Su��r�isiarl o�Lo� /O A��ors SU�c�i'v�sion /�o. 94, Atro,�a ��n�y, ��e�� f�e u�¢�f 7�� '�f ��-�o.� . I h?cehr certify that thi� survev, pl�n nr rrj,�,rt v.is pr��,��ro��i Dy mr� ne unrl��r my direct superv�sion end that I am a duly licensed Land Sucv�yor un�l�•r t.ho law.� c�f th� S[atc �f Minnesote. -r� ,� __ _ _ SigneA this �'�' day of �' A.D. , 1�1' -: _ _ �--^[ompanlcs SUBURBAN EN6f�1fEER/NG. IN[. ;,�,r'..-;4 _ i � No[ puCliehed: All rights r�serred ,_____ � �f ___ ��`�Y�� .____ ._ Cop�righ[ 1987 $F. Companl�s, Suburbnn F.ngincertnq, Inc. —�— f� �' 1'- , Minn. l.icense No. / �`/ � ! � � 2i� ---- , . �— � ------. __-----�— L.S. ��8 8-0 7 ' _ -^ ��;�'y".�� , �� '� � �i�, � � � � �� ;;;,,�� William Shields , Fl 1lmore 4593-94-95 ' . PR.ior 4050 ' RALPH D. THOMAS � ASSOCL4?ES I�C. � �6� _.Z�z„ ENGINE�RS ,� �. � 400 McT. LIF�_BLDG. ' • � � ' MINNEAPOLIS 1, lYti�1N�SO7A � , . . • � ` _ -� • r 33 , ` . ( • ( .1 . ,iso' , I � ' " ' � � � � � - . . i '� � � - � W . . � - � W ,�• . _ . . . . {y Exis�: � , � ( � 2 , Drsi.ELG."i . ' , , . , � . � . � . arcel A � . o . . I � � � I � ; �, . �S• , : � _. _ _ . . � � , . , � � � � . � � .,..P.arcel � Parcel C. Ti�� W�sT �_ oF �`'� . � . � � o � . ��,� �¢o ��L �r L� . � • � � . �. �6'uplex exis� - VACANT 4 ,• , . - � J � �on this lo� �: Part of L,S._#$. -07 �• �� st'8�j `'�i�,o� �r. . . � � . � � . . �' . � , , .. . � � ��o �� . . . . .I �� . . . . � : � . .� � ; ��g ��, ..`��o�v�5ra-J ./�d 91�. . � � . . . � : �� , x�- � � �j� �;,,.� �,r� l� . . � s3' � ' �-�� i Y� ' ..n� �°*-� . . -�}..R�. � 7 � ��.� �--t �o �..�( . :.. �r �`_FA/RV/c N/ Ro. 66' '�/;�✓ ��' l�y. , : f , ' ; , � , . ' Scala: 1"= 60 ' '-� . �_/r-on � �.- _. . ilZn c�rcb� ccrtif� 7HAT WE HAVE ON TH1S........_.� .....�u.TH.........................DAY Oi-._11�OYEilrfdER___.:.-----._t9.S2_ .N1ADE A SURVEY OF TH� REAI E57ATE DESCRIBED AS. ...TiS��.. . YY<ST�`RLY.-.-./�lJ•./.cEG:----..l�F---•LaT•••.7.�.--- � �� • ..�F._S�lBOiYl,sioN._.....aF._LaT•..�D�._..�UO! LOT SPLIT #64-22 i, ---------------- --- --.--- -_ _-- --.-----.-.. --.------------______........_._..--- AS SHOWN ON TtiE ABOVE PLAT. L.S. 4688-07 '2� William Shields -�: _ _ _ . . _ I � ..� f M�S O R�. 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YViu.ia M Sk��i�� ! Ce�tificate ot 8urvey for ; f � ' � (.o� . � � S�Ab �'��l •OZ Z+ I . X •�.:: ..,75��rQ�:a� ...�.. �� L ' I q a� `2`_'.�---°v",Q i / � � ` � � � ! �( . � f� ' � � � � � � i � v � o ,�- �' p o � _.�1C4 J¢ • 1 = 40', i `i -- --- �i� �i 0 � � � o -- I�¢�r��s �ron mo►wme � \�� , � � , \' I .�c , , �� a 'o�� i A�\ �� ' 75•02 S�cY�rvnoc� ��r�.�: � � �� a 50�� .ao e¢� d ��ie J�/�s� ��oro QQ� a L�� ' , � � • � ` Su�a��sian o.�Lo� /o, Ac��or5 5"�r�Qi'v�sion No. 94, Ano,� ' ' �!J/?{ � eYGQ�� f�(Z WQST 7'��.!XJ ��¢f �1P.�'rc0� � y I her r certify that [his gurve7, plan or report was rr ;�red � me or under m direct � \� _C—p_ r Y , super sion and tha[ I am a duly licensed L�nd Surveror undcr the laws of tAe State of Minnesota. T�( ___ Signed [his ��' day of , .JI,=L A.D., ]�.� _-- � �tompanles � SUBURBAIV EN6f�1lEER/NG. 1N[. � � Z�.�r7� ... . . �:' r .l�� 1✓r_. . 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', I .._. „ . �•` '` r��T9 f __r- Ky 1� p. :� �or'io S } S R c�,,��• -� Y . ;.,, I —� _ j ��``_ ,,.: �� — p _�� _ ` �r _� �_,.. ; ,, . � , , � . , ��-woo� 2:�' '.�',.,., .. _' � � M n R COURT ;,' 'SU .ir, F L T,� O.•'u �x ..,.� . i .� `—'T- _-�--J . ,. „ • .. � � Y 1•� �r� r,� , n» .yr qo� i ro' i �. e lr SUBDIVISION � r • ' �S '+�°' ♦ AU U O. 4 ' , , . . ,�' < � ' ��' '�� ;� � ., � UC . � � �a: �_ - .� � ° N19 � •: - ' , 7t� - - - .•_ �- _- __ 'g � , a � .. S,e �, � ;� , , � �� •• +°°' r" SKYWOOD I.ANE .t•. � a � � : --40_ aj� ,.. T- .. �� ; . ,, � . i SKYWOOD LA J �..«. .. .... � .A. .� yn, ,' µ' V . ,�M�FTfNHOtIN-�d ,,.I 3� v +. � i%�� b: 7" �L- � � N0. 94 ��,�r',e,. ,., :, �.c• �+ �Pss�� '� .9 R��.,G� U � D / O � .� . : ' �, �� ' �s�. �.� � � � -- — � p , � T �,/� � �. ,...✓ ,' O � i r p � Y. n ,� `* .Z� � W f�� .�,�1'i { ' �: �1ti- ...: �; d� �/�- .-: 4� —�.T—'�r..�.ia.r� � .;» L .ey ^ir __ �F �" _s.. s ,�'/t� 1+ � , 42 �� 3� s. j'� 'z 2ti`� L J,7.,r- ('� �:r-,_ �' � -�Fm�E . :. ; .� _ �,; �,g 36 ' � �� . '�.e�.` � � � rp'—'r—' . ,� a �� '� � ��I � 1"' ' '� / �a 3i.° a.L z5 ' 'stf�� <i�� I �� R �� x'mnew�aon s�a oK ernr °�" O 34 26 43 � � 2� L.S. ��88-07 MAILING LIST Planning January 6, 1989 William Shields Council William Shields Myron Kidder 1300 Skywood Court N.E. 1331 Skywood Lane N.E. Fridley, MN 55421 Fridley, MN 5542 ] John Clutter Percy Campeau 1324 Skywood Court N.E. 1323 Skywood Lane N.E. Fridley, MN 55421 Fridley, MN 55421 James Petron Kenneth Helfenstein 5300 Fillmore Street N.E. 1315 Skywood Lane N.E. Fridley, MN 55421 Fridley, MN 55421 David PZollers Lawrence Bendel 1288 Skywood Lane N.E. 1310 Skywood Lane N.E. Fridley, MN 55421 Fridley, MN 55421 Roland Lang Steven Hendrickson 1278 Skywood Lane N.E. 1318 Sk ood Lane N.E. YW Fridley, MN 55432 Fridley, MN 55421 Yun Lee Donald Zook 1268 Skywood Lane N.E. 1326 Skywood Lane N.E. Fridley, MN 55421 Fridley, MN 5542 ] Carl Heggestad John Kelzenberg 1258 Skywood Lane N.E. 1309 - 53rd Avenue N.E. Fridley, MN 55421 Fridley, MN 55421 Mary Matthews Edmund Berg 1259 Skywood Lane N.E. 5353 Fillmore Street N.E. Fridley, MN 55421 Fridley, MN 55421 Sheldon Mortenson City Council Members 1289 Skywood Lane N.E. Fridley, MN 55421 Planning Comm. Chairman A and L Management Co. 1290 Cheri Lane N.E. Fridley, MN 55421 A and L Mana ement Co. g 2051 Long Lake Road New Brighton, MN 55112 Lyle Nelson 1316 Skywood Court N.E. Fridley, MN 55421 Paul Bierat 1312 Skywood Court N.E. Fridley, MN 55421 • _ � 2E _ C�TY OF FRIDLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE (612) 571-3450 December 27, 1988 TO WHOM IT MAY CONCERN: The City of Fridley Planning Commission will be holding an informal hearing on a reguest for a lot split, L.S. #88-07, by William Shields, to create a separate parcel from Auditor's Subdivision No. 94 to be described as the south 140.00 feet of the west 150. 00 feet of Lot 7, subdivision of Lot 10, except the west 75.00 feet thereof, generally located at 1300 Skywood Court N.E. Anyone who wishes to be heard shall be given an opportunity at the Planning Commission meeting on Wednesday, January 25, 1989 at the COMMUNITY EDUCATION CENTER, 6085 - 7TH STREET N.E. at 7 : 30 p.m. DONALD BETZOLD CHAIRMAN PLANNING COMMISSION � LANNING D IV� �N � MEMORANDUM cinr oF � f RI DLEY DATE: February 16, 1989 TO: Virgil Herrick, City Attorney FROM: Barbara Dacy, Planning Coordinator SUBJECT: Lot Width Variance for Lot Split, L.S. #88-07, William Shields We spoke on Monday, February 13 , 1989 regarding the necessity for • a lot width variance in conjunction with the lot split request at 1300 Skywood Court N.E. (see attached survey) . Section 211. 05 of the subdivision ordinance states that " . . .should the Planning Commission or City Council find that any of the regulations or requirements herein are not applicable to a proposed land subdivision or to a preliminary or, final plat thereof, or would cause undue hardship, it may permit such variations therefrom as not contrary to the intent and purpose of these regulations or other applicable law. . . " Please confirm as to whether or not you agree with the following rationale for a recommendation of approval regarding this variance request. • The subject property as now described is in a shape of a flag. The handle of the flag consists of the 75 foot wide by 140 foot long piece that is proposed to be subdivided from the parcel. Because this part of the parcel, for practical purposes, does function as a separate lot, and secondly, because an adequate buildable area is permissible, denying the variance would be forcing an under- utilization of the subject property. Although the property owner would have reasonable use of the property, granting the five foot lot width variance would not be causing an overcrowded condition. Therefore, as stated in the above referenced variance section of . the subdivision ordinance, the additional five feet of lot width would cause undue hardship on the property owner and granting the variance would not be contrary to the intent and purpose of the subdivision ordinance or the intent of the R-1 district. � BD/dn M-89-80 , � _ � C01�M/IUNITY DEVELOPMENT � � � DE PARTIV�ENT cinr oF F�D1-� MEMORANDUM DATE: February 7, 1989 �/�, TO: William Burns, City Manager�:�1� FROM: Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator SUBJECT: L.S. #88-07, William Shields, and Approve Resolution Attached is the staff report for a lot split request at 1300 Skywood Court N.E. The Planning Commission recommends approval of the request subject to three stipulations. It is recommended the City Council approve the attached resolution authorizing the lot split. BD/dn M-89-69 � � • _ ' C��F FRIDLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE(612) 571-3450 February 16, 1989 Mr. and Mrs. William Shields , 1300 Skywood Court N.E. Fridley, MN 55432 Dear Mr. and Mrs. Shields: This is to confirm that the City Council tabled action on your lot split request on February 13 , 1989. The City Council postponed action on the request until you could be in attendance, and also to evaluate the necessity of a five foot lot width variance for corner lots. Section 211.07. 19 of the subdivision ordinance requires that a corner lo� shall have an extra five feet of width in order to provide for an adequate setback from both streets. This requirement was not discussed at the Planning Commission meeting; however, the City Council must issue a variance to this requirement if the lot split is to be approved. Further, the City Council wanted more information as to the future plans of the property and as to whether or not a specific building plan had been prepared. Mrs. Shields, a phone conversation on February 15, 1989 indicated that you intended to sell your current home and move into the double bungalow next door, however, you did not want to sell the vacant land along with your current home. It is intended that this item will be rescheduled for the February 27, 1989 City Council, which begins at 7: 30 p.m. at the Fric�ley Community Education Center at 6085 - 7th Street N.E. Should you have any questions, please feel free to contact me. Sincerely, Barbara Dacy , Planning Coordinator C-89-58 � 2J ��I��I� �Z �1I��Sy��..�:� IP� ATTORNEYS AT LAW Virgil C. Herrick David P. Newman James D. Hoeft Gregg V. Herrick MEMORANDUM T0: Barbara Dacy, Planning Coordinator � FROM: Virgil C. Herrick, City Attorney DATE: February 17, 19$9 RE: Lot Width Variance for Lot Split, L.S. 88-07, William Shields I have reviewed your Memorandum of February 16, 1989 regarding the above lot split. I agree with your rationale recommending an approval of the lot split. VCH/lal Suite 205, 6401 University Avenue N.E., Fridley, Minnesota 55432, 612-571-3850 2 � C01�/[MUNIT`Y DEVELOPMENT � - DEPARTIV�ENT cinroF F��-� MEMORANDUM _ DATE: February 23, 1989 TO: William Burns, City Manager �� FROM: Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator SUBJECT: L.S. #88-07, William Shields, Approve Resolution The City Council tabled action on the above referenced item at the February 13, 1989 meeting due to the discovery of a lot width variance and because the applicant was unable to attend the meeting. Staff contacted the applicant regarding the necessity of the variance. The applicant stated he will be able to attend Monday's meeting. The attached report discusses the implications of the variance. It is recommended that the City Council approve a five foot lot width variance and approve the attached resolution authorizing the lot split. BD/dn M-89-96 \ I � � p - � ' � _ � � 1 v � ) � � � � r � 7- � , � � g � - ,� � � � � w J � � � � � � � � � 1 � � � �. � a � � ;� "! � �, � � ''� ' � .� �' � � � � � � Q � � � � � � � � � � � �� . • x . « � � d � � � M � � �-_-� � r � � ' � 3 � ; � � � . �` � ' � � �. '° � �- � � � � � d 1� � � � � • � � s � Z ` '� • � F . . � � � ' � V � - � �"' a� a � r '� 1 , � � � � . � � .J ` r � � c� cr t � � • • 3 � � `� � � - � ! ' � � � � k � F � � � � � � _ � - � �' � r � � 4 � , � � _ � � � � . � � ► v . V !t FH � � c� Z �; � � � � 4 - � � . � � _ � � � COMMISSION APPLICATION REVIEW � FILE NUMBER FILE DATE MEETING DATE FILE DESCRIPTION L.S. ��88-07 ��N�F 57 12/27/88 1/25/89 William Shields, create single family FRIDLEY COMPLETE REVIEW CHECKLIST AND RETURN TO PLANNING DEPT. ARB D. COMMENTS � KATHY C. -� �� ICHELE M. �' �j�� - Z-Z � JOHN F. �'V l•�� f � lr �� (�f�r'� ; l� ¢ � �. �� /'>lj�e Llj �[.t✓ �1.� � ��✓�i j%c,�.. c.�.<, l �t h �- � .,� �� (r�DARREL C. �� CLYDE M. :..E,LEON M, �^ `�' JIM H. i-3 � � �OB A. %�%� ;. r— - - ' �- - ` 2A � � � � STAFF REPORT APPEALS DATE C��QF PLANNING COMMISSION DATE : January 25, 1989 FfZfDLEY CITY COUNCIL DATE : February �3, 1989 AUTHOR BD/dn REQUEST PERMIT NUMBER L.s. ��sa-o� APPLICANT william shields PROPOSED REQUEST To create a separate parcel from Auditor's Sub. No. 94 LOCATION 1300 skywood Court rr.E. SITE DATA $�ZE Proposed lot: ]0,500 square feet DENSITY vacant PRESENT ZONING R-1 , Single Family Dwelling district ADJACENT LAND USES rr, I-694; s, R-i ; E, x-1 ; w, x-� & ZONING �ES Available PARK DEDICATION $�so.00 ANALYSIS FINANCIAL IMPLICATIONS N/A � CONFORMANCE TO Yes COMPREHENSNE PLAN COMPATIBILITY WITH Yes ADJACENT USES 8� ZONING ENVIRONMENTAL N/A CONSIDERATIONS STAFF RECOMMENDATION Approval. APPEALS RECOMMENDATION PLANNING COMMISSION Approval with stipulations. RECOMMENDATION II _ ** - � � � ` �s Staff Report L.S. #88-07, W. Shields Page 2 REQUEST William Shields, the petitioner, is requesting approval of a lot split which would create a new parcel from Lot 7, subdivision of Lot 10, Auditor' s Subdivision No. 94, generally located at 1300 Skywood Court N.E. The purpose of this split is to create a parcel suitable for the construction of a single family home. ANALYSIS Background A lot split, L.S. #64-22, for this parcel was previously approved by the City Council in 1964 . The approval authorized subdivision of the property into three parcels in order to construct homes on two of them (see parcels B and C on the attachment labeled lot split #64-22) . The remaining lot (parcel A) contained the existing single family home. The lot labeled parcel C is the same parcel included in this application. The lot split authorization in 1964 for parcel C was not recorded at the Anoka County Courthouse within the required time period. The subdivision approval therefore expired, making it necessary for the petitioner to reapply for the lot split approval again. Site The two parcels created by this subdivision comply with the lot regulations required in the R-1 zoning district. The proposed common lot line separating the two parcels encroaches upon an existing gravel driveway which provides access to the house on the northern lot. A driveway easement over that portion of the south lot should be obtained to guarantee access to the northerly lot. The existing driveway is gravel. Section 205. 07 . 06.A. 2 of the City Code requires all driveways to be surfaced with blacktop, concrete or other hardsurface material. The petitioner' s driveway should be brought into compliance with the City Code. RECOMMENDATION TO THE PLANNING COMMISSION Staff recommends approval of lot split, L.S. #8$-07 to create a separate parcel from Auditor's Subdivision No. 94 , with the following stipulations: 1. A driveway easement over that portion of the south lot shall be executed prior to the sale of the property. . . � � Zc Staff Report L.S. #88-07, W. Shields Page 3 2 . The existing gravel driveway on the north lot shall be hardsurfaced by August 15, 1989. 3 . Park fee of $750. 00 (or current rate) shall be paid at the time of building permit. 4 . Future house on southerly lot shall be connected to City utilities. PLANNING COMMISSION ACTION The Planning Commission unanimously recommended approval of the lot split request but amended the stipulations by deleting stipulation #1 and rephrasing stipulation #2 to replace stipulation #1 as follows: 1. The existing gravel driveway shall be relocated onto the northerly lot and shall be hardsurfaced by August 15, 1989. The Planning Commission also included stipulations #3 and #4 of the staff recommendation in their motion as stipulations #2 and #3 . STAFF UPDATE The City Council tabled action on this item at the February 13, 1989 meeting due to the discovery of a lot width variance. Section 211. 07 . 19 of the subdivision ordinance requires an extra five feet of lot width for corner lots. The minimum requirement in the R-1 district is 75 feet. Therefore, 80 feet is required. The subject property as now described is in the shape of a flag. The handle of the flag consists of the proposed lot to be subdivided from the parent parcel. Because the proposed lot, for practical purposes, does function as a separate lot and because an adequate buildable area is achievable, denying the variance would be forcing underutilization of the subject property. Although the property owner would have use of the property, granting the five foot lot variance would not be causing an overcrowded condition. Staff contacted the Planning Commission chairman and made him aware of the necessity of the lot width variance. He stated that it was not necessary for this item to be re-presented to the Planning Commission. The subdivision ordinance permits the City Council to grant a variance to the ordinance requirements if the variation would not be contrary to the intent and purpose of the subdivision ordinance or other applicable regulations. The City Attorney has reviewed this application and agrees with the staff analysis. � � � � � 2D Staff Report L.S. #88-07, W. Shields Page 4 CITY COUNCIL RECOMMENDATION It is recommended that the City Council grant a lot width variance from 80 feet to 75 feet, and approve the resolution authorizing the lot split, L.S. #88-07, as recommended by the Planning Commission. The proposed resolution for approval is attached. � — — _. �. . � � PLANNING COMMISSION MEETING, JANIIARY 25. 1989 a 34. 1� lot coverage without the office addition. Mr. Dahlberg stated the way the plat is proposed, if, in the future, API decided to expand their building, it could potentially put them over the 40� maximum lot coverage. He was suggesting that API might want to increase the size of Lot 1. Then, if they should decide to expand in the future, they would not have to worry about coming to the City for any special consideration. Mr. David Hanson, Controller for API Supply, stated that right now there are no plans for expansion; however, he did not know wh could happen in the future. Glacier Park might be willing to 11 the property to API at some point in time, and that ' s a consideration for the future. For now, in order not to delay things, he would like to proceed with the plat as request d. Mr. Betzold stated the Planning Commission will b making a recommendation to the City Council. If, before he Council meeting, the petitioner decides they want the portunity to expand, they should let staff know so things can be djusted before the City Council meeting. Mr. Hanson stated the main concern right now i they want some long term financing on the building, and the t ' le company will not issue insurance until the property is subd' ided. Mr. Hanson stated the stipulation regar ing the park fee affects , Glacier Park as the fee owner of the pr erty. They were agreeable to the stipulation regarding the bikew /walkway easement; however, they do have a fence along there nd would be concerned about having to remove the fence. The s eyor estimated about 9 ft. is available, and the City is reque ing 10 ft. Would they have to remove the fence? Mr. Betzold stated the ease nt will always be there; and if at some point in time, the ar where the fence is located is needed for the bikeway/walkway, hen, yes, the fence would have to be removed. Ms. Dacy stated i depended on the final plans for the bikeway/walkway co truction which have not been prepared. She stated City staff ould work with API to try to resolve this issue. e MOTION by Ms. �ierek, seconded by Mr. Kondrick, to close the public hearing. �`� % IIPON A D�33�C$ VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTZON,:�ARRIED IINANIMODSLY AND THE PUBLIC HEARING CLOSED AT 7s55 —3— � ` ' � � PLANNING COMMISSION MEETING, JANIIARY 25, 1989 P.M. MOTION by Mr. Kondrick, seconded by Ms. Shere�to recommend to City Council approval of preliminary plat, .S. #88-03, Glacier Park Company Addition, by API Supply Com y, being a replat of that portion of Lot 3, Auditor's Subd' ision No. 79, generally located at 5110 Main Street N.E. , wit he following stipulations: 1. A park fee for Lot 2 e paid at the time a building permit is issued. 2 . A bikeway/walkway asement be dedicated to the City and recorded by Aug t 15, 1989. Mr. Dahlberg requeste staff to calculate the exact lot coverage and have that info ation available for anyone interested at the City Council meetXfig. ; •� IIPON A VOICE �TE, ALL VOTING AYE, CHAIRPERSON DECLARED THE MOTION CARRIED IIN�id�IMOUBLY. Ms. I�cy`� stated the City Council will set a date for the final pub�ic hearing at their Feb. 13 meeting for Feb. 27, 1989. 2. CONSIDERATION OF A LOT SPLIT, L.S. #88-07 , BY WILLIAM SHIELDS: To create a separate parcel from Auditor's Subdivision No. 94 to be described as the south 140.00 feet of the west 150.00 feet of Lot 7, subdivision of Lot 10, except the west 75. 00 feet thereof, generally located at 1300 Skywood Court N.E. Ms. Castle stated the purpose of the lot split as requested by the petitioner is to create a parcel suitable for the construction of a single family home. Ms. Castle stated that in 1964 Mr. Shields went before the City Council and asked for a lot split. The lot split was approved to split the property into three parcels. One of those parcels is the lot split being requested at this time. The reason Mr. Shields is back requesting a lot split is because the lot split authorization was never recorded at the County and the subdivision approval expired. Ms. Castle stated the property is located south of I-694 at the corner of Skywood Lane and Fillmore Street. The property is zoned R-1, single family residential. To the south and east is R-1, to the west is R-1 and R-2, and to the north is I-694 . Ms. Castle stated the proposed common lot line separating the two parcels encroaches on the existing gravel driveway which provides -4- � ' _ ,. � • PLANNING COMMISSION MEETING, JANUARY 25, 1989 access to Mr. Shields' house on the northern lot. Because of that, staff is requesting a driveway easement be retained over the portion of the lot to maintain access to the house. This driveway is currently gravel, and City Code requires all driveways to be hard surfaced. Mr. Betzold stated he has found from experience with variances on the Appeals Commission that the hard surface driveway is stipulated, but the variance is filed and approved and the petitioner never does get around to resurfacing the driveway. Is there any way to make sure the driveway is hard surfaced? Ms. Castle stated staff has attached a deadline date to the stipulation of August 15, 1989. If Mr. Shields does not install the hard surface driveway by that date, the Code Enforcement Officer will work with him to get it done. If there continues to be a problem, the City can issue a violation citation. Ms. Dacy stated another option would be to have the petitioner post a performance bond or letter of credit; however, she would not like to do that for such a small improvement. Ms. Castle stated staff is recommending approval of the lot split with the following four stipulations: l. A driveway easement over that portion of the south lot shall be executed prior to the sale of the property. 2 . The existing gravel driveway on the north shall be hard surfaced by August 15, 1989. 3 . A park fee of $750. 00 (or current rate) shall be paid at the time of the building permit. 4. A future house on the southerly lot shall be connected to City utilities. Mr. Shields stated he has ever intention of hard surfacin his Y 9 driveway. The reason he had not hard surfaced it before was because he was not sure about the exact lot line and it was all his property anyway. As far as the driveway easement (stipulation #1) , it is his intention to straighten the driveway out and have it only on the northern lot. He also believed he would need to have an easement on his property to connect sewer to the new lot. Before selling or building on the new lot, everything would be done. At this time, however, he had no .intentions of selling the lot. ' Ms. Dacy stated the City Engineering Department could work with Mr. -5- .. _ � � PLANNING CO�IMISSION 1riBETING, JliNUARY 25, 1989 Shields on the locations of the utilities. MOTION by Mr. Barna, seconded by Ms. Sherek, to recommend to City Council approval of lot split, L.S. #88-07, by William Shields, to create a separate parcel from Auditor's Subdivision No. 94 to be described as the south 140.00 feet of the west 150.00 feet of Lot 7, subdivision of Lot 10, except the west 75. 00 feet thereof, generally located at 1300 Skywood Court N.E. , with the following stipulations: 1. The existing gravel driveway shall be relocated on the northern lot and hard surfaced by August 15, 1989. 2 . A park fee of $750.00 (or current rate) shall be paid at the time of the building permit. 3 . A future house on the southerly lot shall be connected to City utilities. IIPON A VOICE VOTE, ALL VOTING AYE� CBAIRPERSON BETZOLD DECLARED THE 1rIOTION CARRIED IINANIMOIISLY. 3. RECEIVE JANUARY 6 1989 PARKS & RECREATION COMMISSION MINUTES: MOTION by Mr. Kondrick, seconded by Mr. Dahlberg, to recei the Jan. 6, 1989, Parks & Recreation Commission minutes. UPON A VOICE VOTE, ALL VOTING AYE, CIiAIRPER80N BETZ D DECLARED THE MOTION CARRIED ONANIMOOSLY. 4. REGEIVE JANUARY 5 1989 HUMAN RESOURCES COMM ION MINUTES: MOTION by Ms. Sherek, seconded by Mr. Dahl rg,to receive the Jan. 5, 1989, Human Resources Commission min es. �Ir. Betzold stated he was upset a disgusted when he read the comments made by Mr. van Dan un "Other Old Business" on pages 7-9 of the minutes. He state ue Sherek has been an invaluable member of the Planning Comm' sion. She has been elected as the Chairperson of the Human sources Commission for the past three years by her peers. If e does not conduct the meetings to Mr. van Dan's satisfactio , then Mr. van Dan should be the one to resign. IIPON A VOICE VOT , ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIE ANIMOOSLY. ADJOURNME OTI by Mr. Saba, seconded by Mr. Dahlberg, to adjourn the -6- � � ` FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 13 1989 PAGE 15 incorporated. He stated before the agreement is executed, someone from staff should review the legal description of the easements to make sure they are accurate. MOTION by Councilman Billings to approve the deve ment agreement with the Fridley Business Center Partnership fo Northco Business Park. Seconded by Councilman Fitzpatrick. pon a voice vote, Councilman Billings, Councilman Fitzpatrick, ouncilwoman Jorgenson and Mayor Nee voted in favor of the motio . Councilman Schneider abstained from voting. Mayor Nee decla ed the motion carried. MOTION by Councilman Billings to opt Resolution No. 14-1989. Seconded by Councilman Fitzpatric . Upon a voice vote, Councilman Billings, Councilman Fitzpatric , Councilwoman Jorgenson and Mayor Nee voted in favor of the mot' n. Councilman Schneider abstained from voting. Mayor Nee dec red the motion carried. 10. RECEIVING THE MINU S OF THE PLANNING COMMISSION MEETING OF JANUARY 25 1989 • A. CONSIDE ION OF A FINAL PLAT P.S. 88-03 GLACIER PARK C PANY ADDITION BEING A REPLAT OF THAT PORTION OF LO 3 AUDITOR'S SUBDIVISION NO. 79 GENERALLY LOC ED AT 5510 MAIN STREET N.E. BY API SUPPLY � C PANY• MOTION y Councilman Fitzpatrick to set the public hearing for Febr ry 27, 1989. Seconded by Councilwoman Jorgenson. Upon a vo' e vote, all voting aye, Mayor Nee declared the motion carried animously. B. CONSIDERATION OF A LOT SPLIT, L.S. #88-07 , TO CREATE A SEPARATE PARCEL FROM AUDITOR'S SUBDIVISION NO. 94 TO BE DESCRIBED AS THE SOUTH 140. 00 FEET OF THE WEST 150. 00 FEET OF LOT 7 SUBDIVISION OF LOT 10 EXCEPT THE WEST 75. 00 FEET THEREOF GENERALLY LOCATED AT 1300 SKYWOOD COURT N.E. . BY WILLIAM SHIELDS: Ms. Dacy, Planning Coordinator, stated the purpose of the lot split is to create a parcel suitable for construction of a single family home. She stated in 1964, Mr. Shields requested a lot split, which was approved by the Council, to split property into three parcels. She stated one of these parcels is the lot split being requested at this time. She stated the reason Mr. Shields is again requesting the lot splif is because the lot split was never recorded at the County. . Ms. Dacy stated after this lot split was before the Planning Commission, it was found that corner lots require an 80 foot width, rather than 75 feet. She stated since this parcel only has a width of 75 feet, it would be necessary for the Council to also grant a � . �'RIDLEY CITY COUNCIL MEETING OF FEBRUARY 13 , 1989 PAGE 16 � variance of the lot width, if this lot split is approved. She stated staff has no objection to the variance as this lot split was previously approved by the Council. Ms. Dacy stated the Planning Commission has recommended approval of the lot split with three stipulations which she outlined. Councilman Billings stated he is concerned with the fact that if the lot split is approved, it would create a sub-standard lot. He stated he realizes it was previously approved, but if this would set of precedent with persons not recording lot splits. He felt he would like additional time to consider it. MOTION by Councilman Billings to table this lot split request and direct staff to contact the petitioner as to his plans for this lot. 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 January 25, 1989. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11. RECEIVING THE MINUTES OF THE SPECIAL PLANNING COMMISSION MEETING OF FEBRUARY 1, 1989: MOTION by Councilman Fitzpatrick to receive the minut of the special Planning Commission meeting of February 1, 19 . Seconded by Councilman Schneider. Upon a voice vote, all vo ng aye, Mayor Nee declared the motion carried unanimously 12. CONSIDERATION OF CHANGE ORDER NO. 4 FO HE FRIDLEY MUNICIPAL CENTER IMPROVEMENT PROJECT NO. 189: Mr. Flora, Public Works Director, sta d when the roof of the Civic Center was removed, it was found t t the masonry piers along the south side of the building were ot constructed as designed. He stated the supporting piers lac the necessary steel to support the new colonnade structure. He ated this change order and addition to the project would all for the design and construction of replacement piers for th colonnade system at an estimated cost of $30,700. MOTION by Council Schneider to authorize Change Order No. 4 for the Fridley Mu 'cipal Center Project No. 189 in the amount of $30,700. Sec ded by Councilwoman Jorgenson. Upon a voice vote, all voting e, Mayor Nee declared the motion carried unanimously. 13. R EIVING PETITION N0. 1-1989 FROM THE DEPARTMENT OF THE NAVY E4UESTING A STOP SIGN AT 51ST WAY: AND , • THE MINUTES OF THE REGIILAR MEETING OF THE FRIDLEY CITY COUNCIL OF FEBRUARY 27, 1989 The Regular Meeting of the Fridley City Council was called to order at 7: 45 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the P1 ge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Nee, Councilw man Jorgenson, Councilman Schnei r, Councilman Fitzpatrick and ouncilman Billings MEMBERS ABSENT: None APPROVAL OF MINUTES: COUNCIL MEETING FEBRUARY 1 1989: MOTION by Councilman Fitzpa rick to approve the minutes as presented. Seconded by Coun ilman Billings. Upon a voice vote, all voting aye, Mayor Nee de ared the motion carried unanimously. ADOPTION OF AGENDA: The following item was ded to the agenda: (20) Consideration of Receiving Bid and Awar ng Contract for Hollow Metal Doors for the Police Detention Faci ity. MOTION by Councilma Schneider to adopt the agenda with the above addition. Seconde by Councilwoman Jorgenson. Upon a voice vote, all voting aye, M or Nee declared the motion carried unanimously. OPEN FORUM VIS ORS: There was no response from the audience under this item of business. PUBLIC HEA NG• 1. PUB C HEARING ON A FINAL PLAT P.S. 88-03 GLACIER PARK CO ANY ADDITION BEING A REPLAT OF THAT PORTION OF LOT 3 A ITOR'S SUBDIVISION NO. 79 GENERALLY LOCATED AT 5110 MAIN REET N.E. BY API SUPPLY COMPANY: MOT N by Councilman Fitzpatrick to waive the reading of the public he ring notice and open the public hearing. Seconded by Councilman - FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 27 , 1989 PAGE 2 ' Schneider. Upon a voice vote, all voting aye, Mayor Nee clared the motion carried unanimously and the public hearin pened at 7:50 p.m. Ms. Dacy, Planning Coordinator, stated this re est involves the replat of a portion of Lot 3, Auditor's bdivision No. 79, generally located at 5110 Main Street N.E. She stated the replat is needed in order for the petitioner mortgage their building located at this site. Ms. Dacy sta the property is about 18 acres and zoned M-2 . She stated t property was originally owned by Burlington Northern, Inc. a recently sold to Glacier Park Company. She stated Glacier P k Company will own both of the lots to be subdivided, but will ease the northern lot (Lot 1) to API Supply Company and the o er lot will be vacant. Ms. Dacy stated the lanning Commission recommended approval of this lot split wi two stipulations regarding the park fee and a bikeway/walkway asement. No persons ' the audience spoke regarding this proposed plat. MOTION y Councilman Fitzpatrick to close the public hearing. Seco ed by Councilman Schneider. Upon a voice vote, all voting a ' , Mayor Nee declared the motion carried unanimously. OLD BUSINESS• 2. CONSIDERATION OF A LOT SPLIT, L.S. #88-07 TO CREATE A SEPARATE PARCEL FROM AUDITOR'S SUBDIVISION NO. 94 TO BE DESCRIBED AS THE SOUTH 140. 00 FEET OF THE WEST 150. 00 FEET OF LOT 7 . SUBDIVISION OF LOT 10 EXCEPT THE WEST 75 00 FEET THEREOF GENERALLY LOCATED AT 1300 SKYWOOD COURT N.E. BY WILLIAM SHIELDS: (TABLED 2/13/89) : AND RESOLUTION NO. 23-1989 APPROVING A SUBDIVISION, LOT SPLIT, L.S,_ __#88-07 , TO CREATE A SEPARATE PARCEL FROM AUDITOR'S SUBDIVISION NO. 94 TO BE DESCRIBED AS THE SOUTH 140. 00 FEET OF THE WEST 150.00 FEET OF LOT 7 , SUBDIVISION OF LOT 10, EXCEPT THE WEST 75.00 FEET THEREOF, GENERALLY LOCATED AT 1300 SKYWOOD COURT N.E. : Ms. Dacy, Planning Coordinator, stated it was discovered at the last meeting that this parcel to be split would need a variance as the lot would only be 75 feet wide, instead of the required 80 foot width for a corner lot. She stated this lot split was previously approved in 1964, but was never recorded and is again before the Council for consideration. Ms. Dacy stated the Chairman of the Planning Commission was contacted to determine if the question of the five foot variance should be submitted to the Planning Commission. She stated he did i � FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 27 , 1989 PAGE 3 not feel it �aas necessary. Ms. Dacy stated the Planning Commission has recommended approval of this lot split with three stipulations which she outlined and are attached to the resolution as Exhibit A. Councilman Billings stated one of his concerns is if there is enough space, when the driveway is moved onto the larger lot, for ingress on the east side. Mr. Shields stated he may have to trim a tree, but he has plenty of room. He stated he did not feel the line was correct and knew where his driveway was located and would move it off. Councilman Billings stated one of the main reasons he requested this item be tabled at the last meeting was because if the lot split was approved, it would create a substandard lot. He stated after much thought and another look at the site, it seems the most logical thing to do is to approve this lot split with the 75 foot lot because it is the highest and best use of that particular piece of property. Ms. Dacy stated the proposed lot does function as a separate lot and because an adequate buildable area is achievable, denying the variance would be forcing under-utilization of the subject property. She stated granting the five foot variance would not be causing an overcrowded condition. Ms. Dacy stated the subdivision ordinance permits the Council to grant a variance to the ordinance requirements if the variance would not be contrary to the intent and purpose of the subdivision ordinance or other applicable regulations. She stated the City Attorney has reviewed this application and agrees with the staff's analysis. MOTION by Councilman Billings to adopt Resolution No. 23-1989 approving L.S. #88-07 and, further, to grant the five foot variance to reduce the lot width from 80 to 75 feet. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 3. ORDINANCE NO. 920 RECODIFYING THE FRIDLEY CITY CODE BY AMENDING APPENDIX F TO PROVIDE FOR THE STMENT OF SALARIES FOR THE MAYOR AND COUNCIL MEMBERS ACCORDANCE WITH SECTION 2 . 07 OF THE CHARTER OF THE C OF FRIDLEY: MOTION by Councilman Sch ' er to waive the reading and adopt Ordinance No. 920 on second reading and order publication. Seconded by Council Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee ared the motion carried unanimously. NEW BUSI S• a FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 27 1989 PAGE 4 ' 4. CONSIDE�2ATION OF AN AGREEMENT WITH SCHOOL DISTRICTS TO TURN BACK REFERENDUM LEVIES: Mr. Pribyl, Finance Director, stated this agreement wi the School Districts has been drafted by Mr. James O'Meara. He stated it is in regard to turning back referendum levies in conju ction with tax increment districts. He stated the agreement prov'des some safety in regard to the inclusion of the City's pre-197 Districts. He stated if a future court decided the pre-1979 's were not to be included in this type of return, the agreem nt allows for the return of those levies back to the Housin and Redevelopment Authority. Mr. Pribyl stated the agreement has been p eviously discussed with the Council and approved by the Housing a Redevelopment Authority at their last meeting. He stated the H requested the agreement be forward to the Council for approv 1. He stated if Council approves the agreement, it would be su mitted to each of the School Districts for their approval. Mr. Pribyl stated if the agreeme t is executed, the City when receiving tax settlements would forward the School Districts' portions to them. He state there may, however, be some delinquencies. He stated the return to the S hool Districts which includes taxes payable in 1988 are as foll s: School District #11, $4 ,711.25; School District #13 , $5,754 92 and School District #14, $56, 013 . 08 or a total of $66,479.24 . e stated the estimates for 1989 are as follows: School Distri #11, $4 ,711.25; School District #13 , $5,754 .92 and School D'strict #14, $104, 067.80 or a total of $114 , 533 .97. Mr. Burns, City Mana er, stated he has spoken with Dr. Rens in regard to this agre ent and it meets with his approval. MOTION by Council an Schneider to authorize the Mayor and City Manager to enter 'nto agreements with School Districts No. 11, 13 , and 14 for the return of tax increment monies. Seconded by Councilman Fitz atrick. Upon a voice vote, all voting aye, Mayor Nee declared t e motion carried unanimously. Mr. Jim Furg son, Chairman of the School Board for District #14, expressed s thanks to the Council in working through this process. e stated it has been a long process for both the City and Schoo Board and appreciated the Council 's action. 5. RE OLUTION NO. 24-1989 ORDERING IMPROVEMENT AND FINAL PLANS D SPECIFICATIONS AND ESTIMATES OF COSTS THEREOF: WATER ANITARY SEWER AND STORM SEWER PROJECT NO. 188: • _ • CITY COUNCIL ACTION TAKEN NOTICE March 1, 1989 William Shields 1300 Skywood Court N.E. Fridley, MN 55421 Dear Mr. Shields: On February 27, 1989, the Fridley City Council officially approved your request for a lot split, L.S. #88-07, to create a separate parcel from Auditor's Subdivision No. 94 to be described as the south 140. 00 feet of the west 150. 00 feet of Lot 7, Subdivision of Lot 10, excpet the west 75. 00 feet thereof, generally located at 1300 Skywood Court N.E. , with the following stipulations: following stipulations: l. The existing gravel driveway shall be relocated onto the northerly lot and shall be hardsurfaced by August 15, 1989. 2 . Park fee of $750. 00 (or current rate) shall be paid at the time of building permit. 3 . Future house on southerly lot shall be connected to City utilities. In order to record the new deed at Anoka County, you will need a certified copy of the resolution approving your lot split from the City. The resolution will be signed in the near future and will be forwarded to you as soon as it becomes available. If you have any questions regarding the above action, please call the Planning Department at 571-3450. Sincerely, Barbara Dacy Planning Coordinator Please review the noted stipulations, sign the statement below and return one copy to the City of Fridley Planning Department by March 15, 1989. Concur with action taken. i �_ '.:�,,i� . . . ��;b =;,� CITY OF FRIDLEY CIVIC CENTER • b431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE (612) 571-3450 April 6, 1989 William Shields 1300 Skywood Court N.E. Fridley, MN 55421 Dear Mr. Shields: Enclosed is a certified copy of the resolution approving your lot split. This document will enable you to record the new deed at Anoka County. If you have any further questions, please feel free to contact me. Sincerely, Barbara Dacy Planning Coordinator BD/dn C-89-165 *STATE OF MINNESOTA ) COUNTY OF ANOKA ) ss CITY OF FRIDLEY ) I, the undersigned, being the duly qualified City Clerk of the City of Fridley, Minnesota, do hereby certify that the RESOLUTION attached hereto, was adopted by the City Council of the City of Fridley at said meeting on FEBRUARY 27, 1989 with the original record thereof on file in my office, and the same is a full, true and complete transcript therefrom insofar as the same relates to: RESOLUTION NO. 23 - 1989 RESOLUTION APPROVING A SUBDIVISION, LOT SPLIT, L.S. #88-07, TO CREATE A SEPARATE PARCEL FROM AUDITOR'S SUBDIVISION NO. 94 TO BE DE3CRIBED AS THE SOUTH 140.00 FEET OF THE WEST 150.00 FEET OF LOT 7� SUBDIVISION OF LOT 10� EXCEPT TIiE WEST 75.00 FEET THEREOF, GENERALLY LOCATED AT 1300 SKYWOOD COURT N.E. WITNESS MY HAND as City Clerk of the City of Fridley and the seal of the City, this STH day of APRIL, 1989. (SEAL) .��. .��- ��r �.� � IRLEY A. H PALA CITY CLERK OF THE CITY OF FRIDLEY - �=-� 2E RESOLUTION NO. �� - 1989 RESOLUTZON APPROVING A SUBDIVISION, LOT SPLIT, L.S. �88-07, TO CREATE A SEPARATE PARCEL FROM AUDITOR'S SUBDIVISION NO. 94 TO BE DESCRIBED " AS THE SOUTH 140.00 FEET OF THE WEST 150.00 FEET OF IAT 7, SUBDIVISION OF LOT 10, EXCEPT THE WEST 75. 00 FEET THEREOF, GENERALLY IACATED AT 1300 SKYWOOD COURT N.E. WHEREAS, the City Council approved� a lot split at the February 27 , 1989 meeting; and the Planning Conunission stipulations attached as Exhibit A; and WHEREAS, such approval was to create a separate parcel from Auditor's Subdivision No. 94 to be described as the south 140. 00 feet of the west 150.00 feet of Lot 7, subdivision of Lot 10, except the west 75.00 feet thereof, generally located at 1300 Skywood Court N.E. WHEREAS, the City has received the required Certificate of Survey from the owner; and WHEREAS, such approval will create two separate parcels from Auditor's Subdivision No. 94 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 27TH DAY OF FEBRUARY , 1989. WILLIAM J. NEE - MAYOR ATTEST: SHIRLEY A. HAAPLA - CITY CLERK � � � 2� RESOLUTION NO. �� - 1989 RESOLUTION APPROVING A SUBDIVISION, LOT SPLIT, L.S. #88-07 , TO CREATE A SEPARATE PARCEL FROM AUDITOR'S SUBDIVISION N0. 94 TO BE DESCRIBED AS THE SOUTH 140.00 FEET OF THE WEST 150. 00 FEET OF LOT 7, SUBDIVISION OF LOT 10, EXCEPT THE WEST 75. 00 FEET THEREOF, GENERALLY LOCATED AT 1300 SKYWOOD COURT N.E. WHEREAS, the City Council approved a lot split at the Febru�ry 27 , 1989 meeting; and the Planning Commission stipulations attached as Exhibit A; and WHEREAS, such approval was to create a separate parcel from Auditor' s Subdivision No. 94 to be described as the south 140. 00 feet of the west 150. 00 feet of Lot 7, subdivision of Lot 10, except the west 75. 00 feet thereof, generally located at 1300 Skywood Court N.E. WHEREAS, the City has received the required Certificate of Survey " from the owner; and WHEREAS, such approval will create two separate parcels from Auditor' s Subdivision No. 94 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 27TH DAY OF FEBRUARY , 1989. WILLIAM J. NEE - MAYOR ATTEST: SHIRLEY A. HAAPLA - CITY CLERK . ,. 2F EXHIBIT A RESOLUTION ��I�� No. 23 - 1989 1. The existing gravel driveway shall be relocated on the northern lot and hard surfaced by August 15, 1989. 2 . A park fee of $750. 00 (or current rate) shall be paid at the time of the building permit. 3 . A future house on the southerly lot shall be connected to City utilities. . � r �48'7'79 STATE OF MINNESOTA CITY COUNCIL PROCEEDINGS COUNTY OF ANOKA CITY OF FRIDLEY In the Matter of a Lot Split, L.S. ��88-07 PLAT/LOT SPLIT William Shields � OWner The above entitled matter came before the City Council of the City of Fridley and was heard on the 27th day of February , 19 89 on a r petition for a plat pursuant to the City of Fridleyts Platting Ordinance, for the following described property: To create a separate parcel from Auditor`s Subdivision No. 94 to be described as the south 140.00 feet of the west 150.00 feet of Lot 7, subdivision of Lot 10, except the west 75.00 feet thereof, generally located at 1300 Skywood Court N.E. IT IS ORDERED that a plat be granted as upon the following conditions or reasons: Approval with three stipulations. See City Council minutes of February 27, 1989. STATE OF MINNESOTA ) COUNTY OF ANOKA ) OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) I, Shirley A. Haapala, City Clerk for the City of Fridley with and in for said City of Fridley, do hereby certify that I have compared the foregoing copy and Order granting a plat with the original record thereof preserved in my office, and have found the same to be a correct and true transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at the City of Fridle , Minnesota, in the County of Anoka on the lf�.t.6�.� day of , 19�.�. DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55�32 � • �+ E�VTE R E D SHIRLEY A. HAAP A, CITY CLE ,�; ,` . , t��;�<^, 19 `' .-, , .�'' � 1 . y..�SEAL� .`w:' � Auc� , Anoka Couny � �: : Y�-. • : ' , 8 ry ' `,= ,�,`�� .��' •'��''a = , „' . � .. �., . . � . ;. '�+' � FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 27 1989 PAGE 2 Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened 7 :50 p.m. Ms. Dacy, Planning Coordinator, stated this request in ves the replat of a portion of Lot 3, Auditor's Subdivis ' n No. 79, generally located at 5110 Main Street N.E. She st ed the replat is needed in order for the petitioner to mortg their building located at this site. Ms. Dacy stated the operty is about 18 acres and zoned M-2 . She stated the proper was originally owned by Burlington Northern, Inc. and recen y sold to Glacier Park Company. She stated Glacier Park Comp y will own both of the lots to be subdivided, but will lease t northern lot (Lot 1) to API Supply Company and the other lot ill be vacant. Ms. Dacy stated the Planni Commission recommended approval of this lot split with two ipulations regarding the park fee and a bikeway/walkway easeme . No persons in th udience spoke regarciing this proposed plat. MOTION by ncilman Fitzpatrick to close the public hearing. Seconded Councilman Schneider. Upon a voice vote, all voting aye, M or Nee declared the motion carried unanimously. O BUSINE3S• 2 . CONSIDERATION OF A LOT SPLIT, L.S. #88-07 TO CREATE A SEPARATE PARCEL FROM AUDITOR'S SUBDIVISION NO. 94 TO BE DESCRIBED AS THE SOUTH 140. 00 FEET OF THE WEST 150. 00 FEET OF LOT 7, SUBDIVISION OF LOT 10. EXCEPT THE WEST 75. 00 FEET THEREOF, GENERALLY LOCATED AT 1300 SKYWOOD COURT N.E. . BY WILLIAM SHIELDS: (TABLED 2J13f89) : AND RESOLUTION NO. 23-1989 APPROVING A SUBDIVISION, LOT SPLIT, L.S. #88-07, TO CREATE A SEPARATE PARCEL FROM AUDITOR'S SUBDIVISION NO. 94 TO BE DESCRIBED AS THE SOUTH 140.00 FEET OF THE WEST 150. 00 FEET OF LOT 7 , SUBDIVISION OF LOT 10, EXCEPT THE WEST 75. 00 FEET THEREOF GENERALLY LOCATED AT 1300 SKYWOOD COURT N.E. : Ms. Dacy, Planning Coordinator, stated it was discovered at the last meeting that this parcel to be split would need a variance as the lot would only be 75 feet wide, instead of the required 80 foot width for a corner lot. She stated this lot split was previously approved in 1964, but was never recorded and is again before the Council for consideration. Ms. Dacy stated the Chairman of the Planning Commission was contacted to determine if the question of the five foot variance should be submitted to the Planning Commission. She stated he did , FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 27 1989 PAGE 3 not feel it aas necessary. Ms. Dacy stated the Planning Commission has recommended approval of this lot split with three stipulations which she outlined and are attached to the resolution as Exhibit A. Councilman Billings stated one of his concerns is if there is enough space, when the driveway is moved onto the larger lot, for ingress on the east side. Mr. Shields stated he may have to trim a tree, but he has plenty of room. He stated he did not feel the line was correct and knew where his driveway was located and would move it off. Councilman Billings stated one of the main reasons he requested this item be tabled at the last meeting was because if the lot split was approved, it would create a substandard lot. He stated after much thought and another look at the site, it seems the most logical thing to do is to approve this lot split with the 75 foot lot because it is the highest and best use of that particular piece of property. Ms. Dacy stated the proposed lot does function as a separate lot and because an adequate buildable area is achievable, denying the variance would be forcing under-utilization of the subject property. She stated granting the five foot variance would not be causing an overcrowded condition. Ms. Dacy stated the subdivision ordinance permits the Council to grant a variance to the ordinance requirements if the variance would not be contrary to the intent and purpose of the subdivision ordinance or other applicable regulations. She stated the City Attorney has reviewed this application and agrees with the staff's analysis. MOTION by Councilman Billings to adopt Resolution No. 23-1989 approving L.S. #88-07 and, further, to grant the five foot variance to reduce the lot width from 80 to 75 feet. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 3. ORDINANCE NO. 920 RECODIFYING THE FRIDLEY CITY E BY AMENDING APPENDIX F TO PROVIDE FOR THE ADJUSTM OF SALARIES FOR THE MAYOR AND COUNCIL MEMBERS IN AC NCE WITH SECTION 2. 07 OF THE CHARTER O THE CITY OF DLEY: MOTION by Councilman Schne' to waive the reading and adopt Ordinance No. 920 on second reading and order publication. Seconded by Counc' n Fitzpatrick. Upon a voice vote, all voting aye, Mayor eclared the motion carried unanimously. USINESS• � � � �48��9 ; Numeri GfantOr �:antee "<:corded _ ;,erk2d ��_"�_ ;,:'ai�in =�/� 'r, (r�eX e�c�oF coukrr x�a+mE� tTA1F OF MtNl�EgpTA� �� 1 heretry certity mef the within fisku- ment was fri�d in this cffice fQr record 0o t�e _ MQ I A �qA� ��o'clor M„ ;,nd was Qut�recorAed � Ca"m' r By � ,,,ja3e City of Fridley 6431 University Ave. N.E. Fridley, MN 55432