LS68-11 t
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CITY OF FRIDLEY TYPE OF REQUEST
MINNE S OZ'A
Re2oning
PLANNING AND ZONING FO&IK
Special Use Permit
Number L.S. ��68-11
�� Variance
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APPLICANT'S SIGNATURE f � ' C� (�" Lot Splits
Address l �.� C2ti.s / ��; � Approval of Pre-
�—��Ti� ' �� liminary Plat
Telephone Number _T �''��� � �
_ Apgroval of Final
. Plat
PROPERTY OWNER'S SIGNATURE � ,�
Streets or Al1ey
Address � C �c , / � Vacations
Telephone Number � ,� x ��� �'� Other
Street Location of Property � �/.� C/' _— � �/�`��ij`,-.� ,�% l�-
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Legal Description of Property . �� ,,-. ���i l ~ ���` �
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Present Zoning Classification �� � �
._-�.-
Existing Use of t�e Property � � �j
Proposed Zoning Classification, Special Use, Variance or other request
Describe briefly the Type of Use and tne Improvement Proposed � � ��
Acreage of Property /2��; G c-' �y,,�'/
----z---f�
Has the Present Applicant Previously Sought to Rezone, Plat, Obtain a Lot Split,
Obtain a Variance or Special Use Permit on the Subject Site or Part of It?-���.,
When?
What was Requested Fee Enclo�ed $ r � ��
� ����/�
Date Filed Da�e of i:�ur�ng
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PLANNIN� AND ZONING FORM PAGE 2
Number L.S. ��68-11
The undersigned understands that: (a) A list of all residents and owners of pro-
perty within 300 feet must be attached to
this application.
(b) This appiication must be signed by aII
owners of the property, or aa explanation
given why this is not the cese.
(c) Responsibilicy for any defect in the pro-
ceedings resulting from the failure to list
the names znd s�id-resses of all residents
and property owners of proper�.y within 300
feet of the property in question, belongs
to the undersigned.
Residents and Osr�ners of Property within 300 feet:
PERSOiJS ADDRESS
Not ap,plicable
A sketch of proposed property and sCructure must be drao�n on the back of this
form or attached, showing the fol.lowing: I. North Direction
2. Location of Proposed Structure on let.
3. Dimensions of property, proposed
structure, and front and side set-bacic�
4. Street Names
5. Location and use of adjacent existcing
buildin�s (within 300 feet) .
The undersigned hereby declares that all the facts and representations stated in
this application are true and correct. 7
a
DATE� � ��_SIGI�ATURE '� �-
��C:.�� (At Fs AN ) _
4e k �Ir :t : �e '* 'c �
Approved Deni�d By the �oard �of i9�pp�a�s
Sub�ect to �he Followin� Conditions: d�te
Approved Denied by the Plannin� Commission on
Subject to the Follawing Cor_ditions; d�te
Approved Denied by the Council on
Subject tco the Follocaing Conditions: c�ate
Form PC 100
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HALL, SM1Tk-I, JUSTER, FORSBERG AND FEIKEMA ;_� ��
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DOLJGLA5 HALL �
WYMAN SMITH 1050 BLIILDERS EXCHANGE BLDG., MINNEAPOLIS, MINNESOTA 55402
LEONARDT. J45TER PHONE 339-1481 • ❑FFICES IN: ❑SSEO, COON RAPIDS� FRIDLEY
THOMAS G. FORSBERG
HENRY H. FEIKEMA
RONALD L. HASKVITZ June 27, 1968
City of Fridley
6431 University Avenue Northeast
Fridley, Minnesota 55421
Re: Application of Leroy B. Smith
for a Lot Split
Dear Sirs:
I have suggested that the legal description for Mr. Smith's lot split
should be as follows:
The South 137 feet of Lot 2, Block l,
Spring Valley Addition, according to
the map or plat thereof on file and of
record in the office of the Register of
Deeds, Anoka County, Minnesota.
The second lot would then be described as:
Lot 2, Block l, Spring Valley Addition,
except the South 137 feet thereof, accord-
ing to the map or plat thereof on file and
of record in the office of the Register of
Deeds, Anoka County, Minnesota.
Yours truly,
`� �" ��_-1\
Wyman Smith v
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� ��i� �It�CI��Ure. Jlfade thca........... .1..........................day of............ ............. ............................ 19..�Dy ,
i betiveen.....................................LEROY...B......SMITH.�...husband.......................................SY.........E.r....s. ...TH.�....wife , , ;
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Iof thc County of..............A.n.c��t.a........................................................and S�ate of......�'I.�,�t�1�Sot�............................................................, �
' purt.i�a... of th.e f�rat part, and..........CITY...OF....F.RIDLEY.......................................................................................................................... '
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a�orporatio�z urct�er the laws of the Sta.te of.:........Minneso.ta.......................:...................., party of the second part, �
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�lhtetlgfl�j, That the said par�.ies.. of the �rst part, in consideration of tlie sum of
; •4ne...and...�iD�/�1DD....($.1�.�D}...ar�d...o.ther...value�s....�eceiued....-.-.-.-.-.-.-.=.-.-.-.-.----.---.--.-.-.-.-...DOLL.qRS,
� , to.........parties..............................in h.and paid by the said party of the second part, the receipt whereof is
�. hereby acknowledsed, do............ h,creby l�rant, Barsain, Quitclaim,, and Convey unto the said party of
? , the second part, its successors and assigns, Forever, all tlae tract...... or parcel...... of Zand lyin� and bein�
' � in the County of.......Anoka..............................................................and State of �Ylinnesota, described as folloivs, to-wit:
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I' � A twenty - five foot (25') street easement described as, i
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� � The North twenty - five feet (25') of Lot 2, Block 1, �
"` ! Spring Valley Addition �
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� ; A ten - foot (10') utility and drainage easement described
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� , The North ten feet (10') of the South one hundred forty '- two
� feet (142') of Lot 2, Block 1, Spring Valley Addition
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�All being located in Section 13, T - 30, R - 24, Ci�ty of
� Fridley, County of Anoka, State of Minnesota.
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; i �)n �e�timottp �fjereof, The said ��arties.... of the �rst part have_.... herezento set.....the.ir..,.... '
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- " L.S. ��68-11
� i L. 2, B1, l, Spring Valley Addi.tion
. � (SZ Sec. 13)
��f � Leroy B. Smith
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� Plats � Subs � -• Stx . � Util . Mtg . � June 11 , 1968 Page 2
3 , LOT SPLIT REQUEST : L . S , #68-11 , LEROY B. � SMITH : Lot 2 , $lock 1 , �
Spring Valley Addition. '
Mr . Smith told the Subcommittee the lot was 125 ' x
300+ ' and he wished to split the lot making the south half
137 feet , the north half to have a 25 foot easement for a
future road and also a five foot utility easement in the
. G�.nier . Also , there is a house on the proposed south lot
towards the back and center facing 64th, and has been vacant
for about two years . He said he thought the legal description
of the south half would be the south 137 feet of lot 2 ,
Block 1 .
The City Engineer asked if Mr . Smith understood he
could not build on the South lot until the utilities are in,
and the answer was that Mr . Smith did. Mr . Myhra asked if
h1r , Smith was aware that the 5 foot utility easement in the
center of the lot meant five feet from each half. Mr . Smith
said he would do that .
The Chairman mentioned the minimum lot requirement
is 9, 000 square feet and that Mr . Smith was over that amount ,
and asked that an actual description prepared by a surveyor
be ready for the Planning Commission meeting on June 13 , 1968 .
MOTION by Nagel , seconded by Schmedeke , that the Plats
and �Subdivisions -Streets and Utilities Subcommittee recomrnend
approval oi �Lot Split request , L . S , #68-11 , subject to the
dedication of 25 feet on the North side of Lot 2 for street
. purposes , a 10 foot utility easement in the center of the
plat (5 ' for each lot) and subject to satisfactory description
of the split parcel . Upon a voice vote , all voting aye ,
the motion carried unanimously.
� . VACATION REQUEST : SAV #68-03 , HENR� SAFFERT : Lots 22A
and 22B, Block l , Lyndale Builders 4th Addition .
Mr . Saffert explained thr.t he would like to build a
double garage , and that Northern States Power had a five
foot anchor easement in the back yard on the West side .
Chairman Jensen said an anchor easement is of no part-
icular concern to the City as , basically, it is for a pole
anchor and no other purpose . � •
Mr. Saffert said the proposed ga�age would not encroach
upon the set back requirements . �
He presented letters from the North�estern Bell Tele-
phone Company and the Northern States Power Company stating
they had no objection to the encroachment on their easement .
For the Northwestern Bell Telephone Company the garage or
roof overhang would extend on their easement and for the
. Northern States Power Company , the encroachment would be on
the existing 5 foot anchor easement and there were no
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� Planning Commission Meeting - June 13, 1968 Pa�e 3
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RECEIVE BUILDING STANDARDS-DESIGN CONTROL r1INUTES : MAY 27, 1968:
MOTION by Erickson, seconded by Jensen, that 'the Planning Commission
receive the Building Standards-Design Control minutes of May 27, 1968. Upon
a voice vote, all voting aye, the motion carried unanimously.
RECEIVE BOARD OF APPEALS MINUTES: MAY 22, 1968:
, MOTION by Ylinen, seconded by Myhra, that the Planning Commission
receive the Board of Appeals minutes of May 22, 1968. Upon a voice vote,
all voting aye, the motion carried unanimously.
RECEIVE PLATS & SUBDIVISIONS-STREETS & UTILITIES SUBCOMMITTEE MINUTES : JUNE 11, 1968:
MOTION by Jensen, seconded by Erickson, that the Planning Connnission
receive the Plats & Subdivisions-Streets & Utilities Subcommittee minutes of
June 11, 1968. Upon a voice vote, all voting aye, the motion carried unani-
mously. .
� 2. PUBLIC HEARING: PROPOSED PRELIMINARY PLAT, P.S. ��68-03, SOUTHHAMPTON 2ND
ADDITION, NLIAN JOHNSON: Outlot ��2, Worrel Addition.
Mr. Johnson was not present, probably based on the action of the Plats
and Subdivisions-Streets and Utilities Subconunittee.
Mr. Jensen said there were some unresolved questions relative to the
plat. The lots were not "in question but a street plan should be resolved.
The Plats & Subdivisions-Streets & Utilities Subcommittee would discuss
this problem at their meeting on June 20, 1968.
MOTION by Jensen, seconded by Myhra, that the Planning Coiranission con-
tinue the proposed preliminary plat, P.S. ��68-03, Southhampton 2nd Addition,
Julian Johnson of Outlot ��2, Worrel Addition until the meeting of June 27,
1968. Upon a voice vote, all voting aye, the motion carried unanimously.
3. LOT SPLIT REQUEST: L.S. ��68-09, ROBERT D. DEGARDNER: Lots 22 through 25,
Block 7, Spring Brook Park Addition.
Mr. Erickson explained that he had talked to the petitioner and he has
� not resolved the matter of Lot 26.
MOTION by Erickson, seconded by Ylinen, that the Planning Conunission
continue the item of the Lot Split request (L.S. ��68-09) Robert D. DeGaxdner
- of Lots 22 through 25, Block 7, Spring Brook Park Addition until the June 27,
1968 meeting. Upon a voice vote, all voting aye, the motion carried unanimouslr.
4. LOT. SPLIT REQUEST: L.S. ��68-11, LEROY B. SMITH: Lot 2, Block 1, Spring
<. Valley Addition.
�: .
i Mr. Jensen, Chairman of the Plats & Subdivisions-Streets & Utilities Sub-
. committee, stated the Subcommittee had recommended approval. The request
- . - involves a division of 137 feet from the South of Lot 2, Block 1, Spring
- Va11ey Addition, The Subcommittee, he said, made its 'recommendatior. subject
,
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��� Planning Commission Meetin� - June 13, 1968 Page 4
to providing a 25 foot right of way for street purposes on the North of Lot 2
and a 5 foot drainage and utility on both sides of the division line and '
requested that the petitioner provide legal document for the consideration of
the Planning Commission. Because Mr. Smith was not present, Mr. Jensen felt
; there had not been enough time for him to prepare the above information.
�
MOTION by Myhra, seconded by Erickson, that the Planning Conunission con-
tinue until the meeting of June 27, 1968 the lot split request (L.S. ��68-11) �
Leroy B. Smith of Lot 2, Block 1, Spring Valley Addition. Upon a voice vote,
all voting aye, the motion carried unanimously.
5. CAR.TER-DAY COMPANY: Approve Registered Land Survey, RLS ��68-03:
The Chairman said the purpose of the registered land survey for Carter-
Day Company is to simplify the legal description of the tract.
The City Engineer told the Commission this property is owned by Carter-
Day. There might be an easement on the South side for the high power trans-
mission lines of Northern States Power Co. �
MOTION by Erickson, seconded by Ylinen, that the Planning Co�nission
approve the Registered Land Survey (RLS ��68-03) of Carter-Day Company. Upon
a voice vote, all voting aye, the motion carried unanimously.
6. VACATION REQUEST: SAV ��68-03, HENRY G. SA�FERT: Lots 22A and 22B, Block l,
� Lyndale Builders 4th Addition for garage.
Mr. and Mrs. Saffert were present. Mr. Saffert had consulted with the
City Attorney who said he would get the information needed for the Planning
Commiss.ion. Mr. Saffert had received letters from Northern States Power Co.
and Northwestern Bell Telephone Co, saying they had no objections to his re-
quest. '
The City Engineer said he had had a preliminary discussion with the City
Attorney. He said if the Planning Corrunission wished to reco�nend approval of
the vacation, by the time it would go to Council he would have the correct
legal procedure.
There was a discussion regarding whether or not the easement was filed
on the plat. If it were, the City would have to release it. Then the matter
- of the letters from the Utility companies, whether or not they would be 100'/0
effective in case of legal matters, was discussed.
MOTTON by Jensen, seconded by Myhra, that the Planning Commission recom-
� - mend approval to the Council of the vacation request (SAV ��68-03) Henry G.
Saffert, of the Easterly two feet of the Southerly fifteen feet of the five
foot by 20 foot anchor easement located at the Northwest corner of Lot 22A,
Block 1, Lyndale Builders 4th Addition. Upon a voice vote, all voti.ng aye,
the motion carried unanimously.
7. PUBLIC HEARING: PROPOSED PRELIMINARY PLAT, P.S. ��68-04, BARTH ADDITION,
MERWIN BARTH: Lots 16 and 17, Block 2, Spring Lake Park Lakeside.
, Mr. Barth was present. _
�
� Planning Committee Meeting June 28 Page 5
� MOTION by Erickson, seconded by Myhra, that the Planning
Commission recommend a roval of the lot s lit (L .S . #6$-09) ,
Robert DeGardner of Lots 22 thru 25 , Bloc t pr ni�
. Brook _Park Addition as submitted, Upon a voice vote , all
voting aye , t�ie motion carried unanimously .
3. LOT SPLIT REQUEST (CONTINUED) • L .S .#68-11 ._ LEROY B. SMITH:
Lot 2 , Bloc 1 , pring Valley �dTition . ��" �""
Mr. Smith was present and said he had an easement
prepared for both the road and utility easement .
MOTION by Myhra, seconded by Jensen, that the Planning
Commission recommerid to Council a roval of Lot S lit
�68- 11 sub 'ect to the execution of an easement rom the
o th an ti ity easement t roug t e center o t e
property o e prepare� by the Engineerin e artment . Upon
a voice vote, al� voting aye , t e motion carrie unanimously.
4 . CONTINUED PUBLIC HEARING : PROPOSED PRELIMINARY PLAT
P . S . 68-03 SOUTHHAMPTON 2ND A D TIO ,
Outlot 2 , Worrel Additio�.
Mr. Jensen, Chairman of Plats and Subdivisions-Streets
and Utilities Subcommittee , said the Subcommittee did not
• feel the plat fit the topography and asked Mr. Johnson to
try to coordinate with the owners on both sides and he
seemed to be willing to make an effort to do so .
This item was continued - no action.
5 . REVISIONS TO SIGN AND BILLBOARD CONTROL ORDINANCE:
Mr . Jensen wondered if the Chamber of Commerce shoul�
have a copy of the Revisions for their comments . Th�s wou�d
give them an opportunity for the business community to
offer alternatives or get their desire .
MOTION by Erickson, seconded by Jensen, that the
Planning Commission continue Item #5 until the next
meeting of July 11 , 1968 . Upon a voice vote , all votin�
aye , the motion carried unanimously,
ADJOURNMENT:
MOTION by Erickson, seconded by Jensen, to adjourn the
Planning Commission meeting at 9 : 40 .
Respectfully submitted by
• Hazel 0'Brian
Recording Secrexary
'7�i �l- ,�s��' �
P�ge �0
, _
Mr, ReGardner 5�id that there will be a detached garage at the rear of �he
bulldi�9, N� is hoping to obtain Lot 26 which is a tax delinquent lot and
thAt h�1 is having trouble finding the owner. He said that Lot 26, if he
do0s get it� will not be used for access.
CounGilman l,iebl said that he had no objection.
MOTfON by �puncilma� Samuelson to concur with tiie �recommended approval of the
lot split, L.S. #68-09, Robert DeGardner, on Lots 22 through 25, Block 7,
Spring Brook Park AdQition, upen the dedication of the necessary utilify easM�r�ts�
acceas on Longfellow, and providing a Certificate of Survey. Secondad by
Councilman Liebl . Upon a voica vote, all voting aye, Mayor Kirkham daclared
tha motion car�ted.
3. L0�' SPLIT REQUE�Ll.S„�,68-11 , LEROY B. SMITH:
The City Engineer expleined the easements as requasted by the Planning Commission�
bal�y a street aasement on the north line and a utility aasement ru�ning through
the middla of the praperty east and west. Councilman Samuelson ask�d about a
po:sible e�semant running along thc west property lina for possibla futura power
lines or sterm sewers etc. hfr. Smith answered that he has already given up two
ease�ne�ts from his property and that the water all runs toward Arthur Str�at anyhow.
, MOTION by Councflman 5hertdan to concur with the Planning Caumission rocortmer�dation
and grant the requested lot split L.S. #68-i1 , LeRoy Smith, contingant upon Mr.
I Smith giving the City the required easements. Seconded by Councilman �tsbT. :
Upon a voice vote, all voting aye, Mayor Kirkham declared the motTon ca�ried.
liotion by Councilman Samuelson to receiving the Planning Commission Ninutes of
June 27� 1968• Seconded by Councilman Sheridan. Upon a voice vote� all
voting aye, Mayor Kirkham declared the motion carried.
R�CEIYII�G THE BOARD OF APPEALS MINUTES, JUNE 26, 1968:
MOTION by Councilman Liebl to receive the Minutes of the Board of AppeaTs Meeting
of June 26, 1968. Seconded by Councilman Samuelson. Upon a voice vote� a11
voting aye, Mayor Kirkham declared the motion carried.
RECE R y(I f�G B I DS ON ST. 1968-10(SEALCOAT I NG)AND AWARQ I NG �,ONjRAGT:
PLANHOLDER BID SECURITY BASE BID COMPLETION DAT�
Alllad �lacktop Co. 5% Fidelity � 11 .75 per Septanber 1 � i96$
t�80 14th•Ave. So. Deposit Co. of sq. ft.
Mlnneapolis. Minnesota Maryland $9,165.00
Dunkley Surfactng Co. . 5% Aetna Life 11 .80 per Septexnbe� 15, 1968
3756 Grand Street N.E: 6 Casualty sq: ft.
1linne�polis, Minnesota $9,204.00
C. S. McCrosssn Inc. 5� Aetna Life 12.7 per Septanbe� l , 1968
Rt. 2, Box �22 b Casualty sq. ft.
Osseo, M1.nnesota
' REGULAR COUNCIL MEETING July l , 1968 Page 9
UPON THE VOTE ON THE ORIGINAL MOTION, all voting aye, Mayor Kirkham declared
tha motlon carried.
APPROYAL Of PLANNING COMMISSION MINUTES OF JUNE 27, 1�68;
1 . R�UIEW CMANGE IN P.D. (ZOA #66-16) HAROLD SCHROEDER BY CAMCO INC.
The City Enginecr explained that the �pplicant has made quite a few changes
1n the original plan and the Planning Commission has requested that the
Council look at the preliminary work and express their views so the applicant
wlll know how to proceed with drawing of the plans and proce5sing of the
additional rezoning and vacation requests. The City Engineer then showed
the original plan as opposed to the new concept and said that the original
plan had 100' additional area �shown that they did not really have.
Mayor Kfrkham expressed the view that this plan seems to be better. Mr�
James Solveson said that after the original plans were reviewed, many flaws ,
were real �zed. Councilman Liebl observed that the land seems to be utilized ,
more effectively on the new plan and that there seems to be more recreational �
area. N�. Howard Dumphy agreed that he thought thif plan much better, both
from the City's standpoint and the developer's.
Councilman Samuelson said he felt that the Planning Commission has looked at !
this very thoroughly and that he would concur with the Planning Commission. �
The City Attorney said that the Administration is in the process of drawing
up the necessary notices for the additional rezoning request and vacation request.
MOTION by Councilman Samuelson to concur with the Planning Commission and
direct the Administration to initiate the necessary Public Hearing Notices I
on the rezoning request and the vacation request. I
The City Engineer explained that in a Planned Development District, the
plan is for a complete district and that the authority for control is the �
City Council , and that Planned Development is to be a better classification
than the other zoning categories. He said that the building is closer to �
the street on three sides, and questioned the percentage of brick proposed.
Councilman Samuelson thought that sanetimes other materials are as good I
as brick. Mayor Kirkham felt that in this case by restricting the percentage
of brick would be restricting the imagination. �
There followed a long discussion at the Council Table while looking at the plans, �
UPON THE MOTION, Councilman Liebl secondtd and upon a voice vote, all voting i
aye, Mayor Kirkham declared the motion carried.
2. LOT SPLtiT REQUEST L.S.#68-�9, ROBEaT OEGARDNER: i
I
The City Engineer explained that the Planning Commission has approved this i
lot split. He said that the entrance 1s to be from Longfellow and not East i
River Road, that there is a need for utility easements and a Certificate of �
S u rvey, �
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