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LS69-21 _ _ _ _ _. Form #5-6e LOT SPLIT APPLICATION CITY OF FRIDLEY , /,/ � App].icant's Nami��ON� APPLICANT: G��f�1//. ��-�l,�L-1 � � , �.�.. � I,ot Split � �g_� � �.DDRESS: - �, �, Street City ,�i� Code Dat� F�.led� ,� .� � TELEI'HONE #:�5��L�'-� �,j'��7 ,�/��l`�"�`�" Fee:� 15.O�teceipt c� � � �, , �' � q Home Busi.�iess Cauncil Aa��.pn:D��Or_,.,,,.,,,,� '� � � xn�aRxs: �toP�m�r owrr�(s)—-a--�-f'��n� ,, � � � � � � � �� o �,.� 00 ADDRESS(ES)— J�.�' �'��t=,�' �, a, � p Street City Zi� Cqde ,� mo �� , 0 0° � Street City Zi�? Code o '� � '� TEI.EPHONE #(S) � • �� o � � pp', Home Business • +� m +� oe mo�'' �i °° � �,� � �'roperty Location on Street ar Exact Street Addresa (IF ANY)_ `�c,.,�-Z,� w U �° Leg�al Description of Property: � .�� , �z� / �, � _ _ _ _ , Reaeon for Lot Split: • � � Total Area of Froperty o'o�j(jy8��, ft. Pre�gnt Zonir� C�,�B�l��,cta't�0� � The undersigned hereby declares that all the �a��s a,r,�d representations stated in this application are true a,nd correct. � DATE;-1►`— � � SIGNATtTRE ��.�,/'/f�� '"a'��-r�--'' �� B�W F�OR CITY USE ONLY (Se♦ �everse eide fo� �elditioxx�laa�, i�tz�ts�kiv�� PI,��S & SUBS: Date of Consideration - Remaxka: � PLANNING GOMMISSION: Date of Cpz�sideration - ��m�rkss CTTY COIINCIL: Date of Conaideration - �teasrk�a s 3 LOT SPLIT APPLICATION PROCIDURE 1 , Obtain application form at City Hall. (6431 Univeraity Ave. N.E. , Fridley� 2. Return completed application form with the required sketch of the property involved and the lot split fee of $15.00 for each original lot being� aplit. 3. The application will be submitted to the Plata & Subdivisione and Streeta 8o IItilities Subcommittee for recommendatione. Thie �ommittee m�ets once a month, when require3. The City will supply the applicant With minutea of the Subcommittee. 4, Following the Plats & Subs Committee recommendation of approval, the owner mu�t then obtain a Certificate of Survey on the original parcel or parcele alpng with the new pa,rc�:� ;res!� '. W: `!, al: �xi�+tiri�r, struct,�ee tied in. �. The Certificate of Survey should then co.ntain a eimple description of a pa,rt of a, platted lot or registered lot and be filed with the Engineerixig Department for Plannixig Commission recommendatio.ns. The Planning Commiasion meets on the �econd and fourth Thursday of the mo.nth. The City will supply the ap�licant with mi.nutes of the Planni.ng Commissio.n. 6. The recommendatio.ns of the Planni.ng Commission are submitted to the C�.ty Council for f�.nal action. The Council meets on the firat and third Monday o� the month. 7. The City Counci� approval may be subject to certain a�ipulatione whicti must be complied with by the applicant. 8. A letter will be sent to the applicant to notify him of the Council action and to adviae him to comply with the conditions impoaed by the City. The letter will also contain any necessary deeds for easements arxd other pertinent papere for his sigxiature. �. When a11 the conditions of the lot eplit have been complied with, the applioant �hould file the lot �aplit in Anoka County. 10. �n all casea wh�ere Council action has been sought and denied, no �etitioz� for identical action can be preaented until a period of aix montha hae elapead. NQTE: THE RESIILTING REAI� ESTA'�'E T L�:.i AND SPECIAL ASSESSN�1'i'S F0� THE NEW PARCELS IN TOTAL AF'I'II3 THE LOT SPLIT, MAY k�CCE�D THE AMOIINT ASSESSID TO THE ORIGINAL PARCII,. THE FINANGE DEPAHTN�iT OF FRIDLEY MAY BE ABLE TO PROVIDE TflE FSTIMATED lMOIINT OF ADDITIONAL TAXES OR ASSESSMENTS. i � �` �"'��j�l�.j�.�7}3y.� .�'r��i� �t:' y- t� ' ��a :�.rr. �, ,�"' � � :,t� . , .� ��. ��'�E� � . . . � . . . . � ¢A ' ':s' �. �w; � . � � � � � � "�� i . . � � � . .. � .. . . . ; t.. � �� . . �'710 ��'��'��!��+w�l�;�1�F� �',c':' ` L"�:�;,�,C��:::,�d�"�r't, �� .. � ' � , ' ,Tuiq 9, 1965 ' To � ei�r �n�sR: I hereby requeet permisaien t� split Lot 1, Bl�ck 1, Spring Valleq Additi�n, a� deeignated rri �rawing, the •�uth p�rti�n te be eveatually tWo buildin� sites. Yaure very trulq� Q WALT WITTMAN 1509 - 44th Av�nue N�r th Mi�neapolis, Minne�ota Phene N�. 529-5988 ��. �i�'.7'�r'��,,�,s� `` 'g. ' _ '�. -y ?,� - � � ♦ , ry �-t w5 .-i �,� �:: `� � ,�_. ,� � �.- �. . ^ �.r -te�': r �✓u��, �A-: ��t��, ;1�"g�� ; .f # � .s� �� ..�., �gr . �� -u� �u e`�C� �:� �. 4k �� z ��,`�"t�'�`i��'��'A.,yn`#'�-��'�`j�`��. ��y' ''�•t �' tl��.�� -r�� '��k ��+� 4 ��^'�� .t`.. .. 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'� "b � �} �w ry c's` , '' Y F . �, .. .Ra°M F` ..: ; .. �. .., . . . �.' -: `. i .. ... , . ... . . . ., . . � .� . . ,.. ,` . � � .� � . , t� .. � ..- . ....Y ,. , . .. .., - . . . . . . . . .. � . _ . .... -". ,� . � . � , .. . . ... , . . . , ,a. � .. . .-. ,�.. � . . 'te� / � �' �I. . c�o�ur� a�d �ssoe�ates, ��e. . C Telephone t84-5480 LAND SURVEYORS 10130 HIGHWAY 65 NORTHEAST MINNEAPOLIS, MINNESOTA 55433 W A �..l �� W 1 T T�A � CERTIFICATE OF SURVEY: �� .� ,— � I 2S —_ , � , � — — — — --- — — — _.._ _... � —� , 5' Ur� � � ry EASEmEN r � . Sc�aL� � 1"-20 '� 8 �n �- � � � , � �.- 125. -� - ' � ' ' � � ► � � � � � �. < f � � . � � � � (L' �� ,.._. _.__ _ _ � � -� . -. � �. , _. ., _ ...�._._.� � : � � _ _ � . .. _ �- - �:. ` , . ; � , ' .— 125 — � �� i � N ~ RO AD EAS � MEts �r' � . � c� � �-- I25 ' __ RO � D �ASEM � N '�"' . i 34.6 I S—F ` f Legal Uescription; � A) South 105 feet Lot 1, Block 1, Spring Valley Addition, Anoka County, hiinn, Subject to Road easement over South 25 feet thereof. B) North 45 feet of South 150 feet of Lot 1, alock 1, Spring Valley Addition Anoka County, Minnesota. Subject to easement for utility pu�poses over I hereby certify that this survey, plan, or report Lhe P�arth 5 feet thereof, was prepared by me or under Re dire`t su�- vision and that I am a duly giste ed L d Surveyor un er 1 w of the State of'Minn- esota. �� , �J ? Date S E PT, ��19��.eg. No. Z�'.='._. INV. ..4�,..�I"'„4 O...�....I�� ( WITTMAN, WALTER E. L.S. �k69-21 � � ..._--�--- --' S� of L. 1, B1. 1, SpringValley Add. . � � _._ _ _ ---��{--�a.�i�-^�5('��f---S7�--__ . -.....�'j � /.7S /15 /.Z3 i1f i,t� �,?5 iz5 `� ; `� . __. �T� .Zi �: �� o . ��3�0 4 �35� 1�� lod ', ��a� ,.��- � i�� ga-� �s� ...� Idr1 _.�h � i 4c� �� '• �j �� e /3 // y 7 � 3 j o . s.4,'.3 93 __..L�f-- � 33PB3 � I � � i � ;`'�) o" [ , �� 3 --- _'.___ -_'- -. ._-'_ . — J'�J. ` � . . h �O�L�OfC. � ' y.' � � r h � '' � (,240) � � �9 � a N, �g, m _��___,33}_1_3----- `� �� L i U , � � `7- � h i ` Z� ��3 � r<Ed; �z5� ��.J 13�� .�0 3 °� ,,�,�3 ;�� !8'I ��9 , 1�'f�� J3S33 . i�5 ,[��('(,� �r ,1 7 fo �5 ao �zs 9 ,��Y Y �f p 4 , ��65� � � .-' _ '�S.so i.._ r/9 " �c /15 �.Z • • - v ------ �9a: _. ;s L39� I� � ;;.3s�s '� f ,.�f ,�� f So �f �<�� _. �� 4x r-� � tr-��o> ' 13�s- /,�8 I�(oo l`�z °'��1� '�fso �� y ,�� )50(� __ � � � � G s ' G�� '��o ,. - -___ ��Z� — -- ' �/"soi ��I �� ,(aoa) rg�� '9,�)i�s� �� ` ",�� '��3 � � /3 r� �w� EYz i � .... 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' ��`�-��----'3; ��`l� 1�100 � �✓ 1�3p b�'��i$ `►� r_»� 3 15a� . �Y�.�3 � `' ; � 1�� /92 �Z ,; Y h � Q ��J' � � • � ' — ---�:--- i �3 h i. • 'i r � � 3 ��.n1 � �z7�� z�6U� � �:�a,, -�---- �.J�w,A uvr,�:�i°�''��+r,tr.sf °h ��cy� r�3 4 .S•,daf2�rif "�''1 �� '� `� y J� � •�b �5 � � �� _ � o . .:1f .�__�' `�---..._-- � r' ' . 24 �.. - ,-- I,o2�a7�z� g -- >.�,��r'��.� o , - �zozo) 9 � . /; ,gyY.� Ft y � � 4 I3 �9-- -�,�9 __�__ =af__ � S � n 6 $ --� -�---� _, _ __ . ,Y �z�] o �� , j\3 �9 , �I (,z,lo> , � (�9,�0> ��.. _.._.__ _. ✓4,�eJ GY��" �s ! '^// �>' `) /i'c�/!C.9.j'f'a�s � l ' �r/._....._ . � � �1L � _----- -------_. .. __.� � �\ I �J__ _ _' ' �� (.Za60� � , C� � , � '.� --, M q � \� � /Ed3��. ......._"� t�. t� �� ..... ... . . _ .__. __"___._'____.. .... "'..�.-b+.:r��'.7oJ :: J � �' ..._. . _.,.._,......_, o„ 4, t ;� , .�.....r...+..�,.�....�......w.,�d...,��.�<__�.._.__ .!J5 r �. _.. . 6-:-r c�9 �__ .:_ . .......�_.....,...�.,,._ . .. .. . ' .'�1 . . .._ ___ SEAiTIE ` GIACIER MINOi WIUTH TpCpMA NATIONAI GRE4T FAllS LqRGO PARK HEIENq SUVERIOR SPONANE MOORHEAD GREATVORTIAND BUTTE g�j��NGS MINNEAVOl15 sr vnui NORTHERNIDCALIFORNIA ; CHICAGO � _ 1 , ' � . I l, I � � �I / � � ( I �� i � � / � � � / � � � �� 1 _ 1 /, / � � � ♦ � I • � � �r � � ' � � / I ( i+ �I ♦ I �� , ' 1 � ` ,` I 1 � ' �: k �-.._.�4..�-.k_*1,�i� �,j_Y,�3�� ',iM't°�-i� F�� ,j1 � �''' �}_Y�.l�- `...�Y'�71..�-J..� -_..,�s..�J'��.� �v�...d�.%�..�.J71^Jf v vira�•,v : t f.� .�1. v'1„�x;�-4� �i.� .'�►._=t-,4..�._ Sr s.�� [ � ��^ ��r- kr*.P.�i3 J `1��`�� =�� c, V'.�sr..�.�-� _.,9►��...� �..,�,.�v,;��,.�:,..� ��.,►...�.�.�tt,�.. -� ` �� i � -�'.�' .�3-��;�J3,#.��,.1.3 ..�': �+`_� ,,,�._ --.�!j.i Y�.�.. , � � � E .�g ��1 1'-��...�.A�t, �.•_.,r,,r.�.� ...�'i.,,�,s.� .�� .�' ,�St.�..�'j S.. , � � is� �-�� , ' �` �/ � f �� To � � �- CITY OF FRIDLEY 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55421 PHONE: 560-3450 ' �' � SUBJECT: �< ' � ' �� "v uz-�v�- DATE: �J ��i�C FOLD� � � �L. ��a__Q_ �t'�-��-e- ��-��-t�-��_=� =.--, c , �jJ�f 7 �.��. C'�.. � �'y"✓�-._L%�'L � /�.�,� /�� I ./� I � PLEASE REPLY TO —� SIGNED �� /L � � . . � ' , g�� FOLD— DATE SIGNED , SEND WHITE AND PINK COPIES WITH CARBON INTACT PINK GOPY IS RETURNED WITH REPLY. � -- June 1, 195?. , 1 Mg. Wa1Cex :.ittman 6359 Van �Lren Stxeet Nartheast A1;n�eapolis ?_1, ?�:in�.esota � If Dear rIr. �•Ji�.t*.�a�z: � � t�le have r��ceived a rertaest fro� the County �ffivs:� to �< sp1iC tl►e ��ssess.��rz�s on Lot 2b, E�.ocn f�, Flcreizce Park t1�c?it�on. �, r Ple4se be a�vised ttuzt we ca:ir.�t split the asses��:ents � on tkiis lat u;.itil such tir�e as i� t�au bee:i utzt�orize�l by th� � City Plann�n; Coi.uai:sioi� ar.ci all af the as�e�s�:�ents cn t�.:.s � D property F;ill r��•�in ore tlie porC{on of lat o:med by th� oxi�inal f o�mer. If you s�ould ciesfre to bet the p�o�ex authorization for �his lot s�l�.t Che gx�cedure �;cul� be fi� make application throu�h the Cit'y 'r'.n�;Aneex's Oi�'ice. . Ver� truly yoLrs, M�rv�.n C. �Srunsell City Clegk-Treasugez 2:CB/cg o cc: Couz�ty Auditor ' City Engineer /1� �V1 / ^ � t` % •1^��+�4/ 1 , ' ' Y'J Jt'.?J' �1: =/�1�� Z•N_, j.,alt�r [��_t�:_.�.r_ ... L✓�J ��(.,:: .i-_�1.,�.�. el.L��l�i. 1�.�..1Z1��4G:��L . :.'i'_.':'lc�` .__ i_?'.,.C�'G=� 1, „ • �'- • ._�_ a ..�.��. . ...�Jt.. �� =1- L:J i.., )) �' �l n �"i _ � . :? �li'.._, � �l��ill�.-5.�.� 115.� ��.�,_._. .�.�:2 1 i�t.�1. ��-L� t J 1 1..�..J ci%1 l'•� � .�L.�.t:�_i:.'�t.L �... � �' ��J U r <:.�i �...r��`�,1. �.�"� tii� U� 'r �.�i��.�..�j.f . `"J D . ._:�,�::es ,��i��;��.�.0 t, ;,�.,r Le juti� _ U.t._1 a . .ce��._. <3r Gc�i:_�_ca�:. �� .,.��-�,;-- ;;i �',_ ��_.�;:�:,:.a , „J _ $��)�.i��.i.�.irr �G•nnt.�.i�s ,..i.��: "� �j" 'i' �.. -,.,n � Q`) - '1 _-.`„M.r_;�,:�.. • o� �.�-- t:l� _ ._. ..� , ..., �:. .r_:;. J.. ._. ,. .. �• , _ i0.'.C� .. - .� "v:^ :!1:.:- 'ic.'.-_'•.��y:.'t: CcL::':i>:. .�.".. Cu::.)��`L_.;, , V:'_::� �_.'�1��' �7_�_^� ��.��G�_c_�,v �� s..' �L i.�i/-j'�j�J f,/ / � ��;_;,;;-;,p rz, r�,<;�,_.: -� �. . • C='.;J =�- _...�::' C�:�;;-., �rc. ?. � P2ats & Subs -Str & Util Subcomanittee - Julv 30, L�h9�M� Pa�e 2 r 2. LOT SPLIT RF)QUEST• L S •��69-21, WAI.TER E. WITi'MAN: South Half of Lot 1, Block 1, Spring Valley Addition. Mr. Wittman was present and explained that he owned 150 feet along Arthur Street and wanted it split into two 75 foot building sites. He has owned the lot since 1955, and in 1965 sent a letter to the City of Fridley asking for a lot split and received a letter stating this was already done. The City must have referred to the original split when Mr. Wittm�n purchased the property. , It c�ras explained to Mr. Wittman that an tiverall street plan for the area called for an East/West street midway between 64th Avenue and Mississippi Stxeet to serve the internal lots in the block when split. The lots in the area ��ich have been split have dedicated twenty-five feet for the street. This is a fairly well established precedent. Mr. Wittman was inforsned that it would be to his advantage if he would consider purchasing twenty-five feet fram Mr. Larson, awner of the North Half �f Lot 1, in oxder to have two buildable lots. Mr. Wittman asked if the Subcomnittee was sure the rest of the property owners would wan� that road. Chairman Jensen answered that he did not know the answer, but experience has been in lot splits similar to this, that the people in the older plats with one or two acre lots, decide that they are tired of big lo�s and paying taxes on them. The Planning Comnission has developed a street plan, after a series of hearings, explaining that they are not talking about building roads now, but want to adopt a plan so that if any- one wants to divide the property, it could be done with this road plan. It may take ten to fifteen years before the last lots are split, but this pl�n is woxking. As the lot splits come iny the road plan is follawed. Mr. Wittman was told a 75 foot comer lot is narrow and he would have trouble building on 75 feet because of setbacks. It would al�ost force building a 1'� story house. I�DTION by Crowder, seconded by Myhra, that the Plats � Subdivisions- Streets & Utilities Subcouanittee reco�nend the lot split, L.S. ��69-21, Walter E. Wittman, of the South Half of Lot 1, Block 1, Spring Valley Addition that this Body expressed disapproval to the Planning Commis�ion of this split. The reasons behin� the disappraval imiolve a 25 foot road easement which this Body deems necessary, thereby yielding a lot which is not suitable to give two buildable lote, thus there is na logic behind approving the lot split request. Upon a voice vote, all voting aye, the motion carried unanimously. 3. LOT SPLIT REQUEST• L S ��69-20, FRANK DIRCZ: Combine 10 feet of Lot 29 with Lot 30, Block 1, Plymouth Addition. The petitioner was not present. The Engineering Assistant explained that Mr. Dircz was told that there were several variances that would have to be granted before he could build. He went before the Board of Appeals for a series of variasces to build on a 45 foot corner lot. This lot was tax forfeit and was purchased in 1963. Because 49th Avenue is a � �e Aid road and heavy traffic carrier, the Sub- cam�nittee felt an 11 foot s�tback is inadequate inas�ch as the street is using almost all of the right of way leaving little boulevard. There are too many variances needed to build on the lot, and it was not the intent Plannin�r �.ox�anissior "•T��:ing - Au�ust 6, 1969 Pa�e 4 �i-�2 to R-3, i,n view of the fact that we recognize that there is a vary active proposal for this area of open space the Planning Comtnissionccould not in good judgment change the zoning at this time. The petitioner has related some intor- mation to us that presumably could affect the decision on the part of the Council but did not think that the Plannzng Commission could use it as part of their judgment. Upon a voice vote, a�ll voting aye, the motion carried unanimously. ( 5. LOT SPLIT RE(�UEST: L.S. ��69-21, WALTER E. WITTMAN: South Half of Lot 1, Block 1, ---- _ .___ ___- — Spring Valley Addition. — Mr. Walter Wittman was present. The Subcouunittee at their meeting of July 30, 1969 recoumended denial of the lot split request, the prime factor being rhe fa�� ha�t the half road was needed on the South and would not leave enough land to split. Mr. Wittma.n said he still would like to get two buildable lots. Referring to the easement for road, he said there were only two Iots in the area that dedicated the easement. He wondered if he could build on a smaller lot next to Larsen and have a bigger lot on the South end so that if the easement did go through, he would still have a good sized lot. He had not talked to Mr. Larsen about either buying some of his property or selling part of his lot. He checked the area and found there were homes build on 60 foot lots. If the easement is a must, he continued, he would give enough land for easement, but he still wants two buildable lots. Mr. Myhra said that those houses built on 60 foot lots were either built earlier or else built under variances. They could have been built on lots platted prior to the present ordinance. Mr. Jensen said it is obvious that people in this area with very large lots will someday think in terms of getting rid of some of their property. If we were to start on the end where Mr. Wittman's parcel is without a street, and then find, in the future, the rest of the people want to split the back off their lots and dispose of some of their property, we would � not have a road to get to the internar 1ots. I,� Mr. Wittman was informed that if the City decided a street should go through, then they could condemn. If a 25 foot easement were given, Mr. Wittman would have a 125'x125' lot. Mr. Wittman did not feel that he could build a house on the , land,without the lot split�which would sell because the neighborhood has stnaller homes. He felt the kind of house that should be built to conform with the neighbor- hood, could be put on two lots. He said he could not have a 75 foot corner lot if he gave 25 feet. He has owned the property for twelve years. MOTION by Jensen, seconded by Myhra, that the Planning Commission concur with i the recommendations by the Subcommittee to deny the Lot Split, L.S. #69-21, I Walter E. Wittman, of the Sout� Half of Lat 1, Block 1, Spring Valley Addition; the reasons behind the disapproval involve a 25 foot road easement which is deemed � necessary, thereby yielding a lot which is not suitable to give two buildable lots, thus there is no logic behind appxoving the lot split. Upon a voice vote, �`�__all voting aye, the motion carried unanimously. 6. VACATION REQUEST: SAV ��69-06, LEO 0. LEMi�: Vacate 47th Avenue between 3rd Street and University Avenue (Lot 30, Block 9, Plymouth Addition). t REGULAR COUNCIL MEETING OF AUGUST 18, 1969 PAGE 4 3. REZONING REQUEST: ZOA #69-08, R.W. WORMSBECKER: Northwest quarter of northwest quarter, except north 16.6 acres and southwest quarter of northwest quarter of Section 2; also the north 34.68 acres of northeast quarter of northeast quarter of Section 3, to rezone from M-2 to R-3. The City Engineer said that the Planning Commission had recommended denial of this request at this time because of the proposed open space program for the area, because the study on multiple dwellings was not complet.e, and because the petitioner was requesting a definite decision one way or another. Mr. Ralph Wormsbecker said he would like to hear the Council's opinions on this proposal. He said they had done a lot of wark on this property to see what would be the best use. He said they have found the industrial develop- ment going slowly, and felt some parts should be commercial, but first they would have to get people into the neighborhood to enhance the value of the other property. He said that the owner of the property to the south of his also wants to zone for multiples, and this wil.l not hurt the open space area. He said he would put in the sewer and water under the City's supervision so there would not have to be a bond outlay. He would like to get all the pro- perty zoned, but if the City wants some open laizd, they were not opposed to doing just the one area at this time. He pointed the parcel out on the map for the Council. Councilman Liebl said that he recommended that this be tabled to the next Council Meeting so that the full Council is aware of the proposal. MOTION by Councilman Liebl to table this rezoning request to the nExt regular Council Meeting of September 2, 1969. He said that by that time the Council should have the apartment study back from the Planning Commission and will have some answers for a solid and sound decision. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. Mayor Kirkham asked Mr. Wormsbecker what the acreage of the proposal was. Mr. Wormsbecker said that it was 114 acres all told, but they were immediately concerned with 40 acres. Mr. Wormsbecker said he would contact the owner of the property to the south and ask him to attend the next Council Meeting also. 4. LOT SPLIT REQUEST: L.S. #69-12, WALTER E. WITTMAN: South half of Lot 1, Block 1, Spring Valley Addition. The City Engineer said that the Planning Commission had recommended denial of this Lot Split request because of a necessary 25 foot road easement which would make a lot which is not suitable for two buildable lots. Mr. Wittman said that his neighbor owns the north half of Lot 1 and has in- � dicated that he would buy 50 feet from him which would leave Mr. Wittman with 75 feet. He asked if he would be able to get a building permit for a house. '` He said the Planning Com¢nission had turned down two 75' lots because of a possible easement. Councilman Liebl asked if his neighbor will be able to utilize the 50' if it is sold to him. Mr. Wittman said that he already has been using it for a garden and parking. Mr. Wittman asked if he would be able to build as there is no City sewer. The City Engineer said that the area will be developing and he felt it would be bad planning to let Mr. Wittman put in � `_t t REGULAR COUNCIL MEETING OF AUGUST 18, 1969 PAGE 3 CONSIDERATION OF GREAT NORTHERN FINAL PLAT AND SETTING PUBLIC HEARZNG: ^ The City. Engineer said that earlier Great Northern had been before the Council for approval of a Registered Land Survey which was approved, but when they went to the County, the County insisted it be platt�d. Ths City Engineer said that this was now being done and was basically th� sabne as the Registered Land 5urvey. He suggested that September �t?n b� set as the �a�e f�.r the Public Hearing. MOTION by Councilman Samuelson to set September 8, 1969 �s the date for the Public Hearing on the Great Northern Final Plat. Seconded by Counci.lman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham der.,lared the motion . carried. REQUEST FROM DESIGNW�+,RE INDUSTRIES FOR VARIAI�CE FROI�1 PLUMBING CODE TO ALLOYd FIBERGLASS PIPE: The City Engineer said that there were no objection� i.f. the Council wished to approve this request, subject to the City not being held liable later on. He said that the company has given the City a11 the background data on it. Councilman Samuelson asked if this is to be used underc�aound. °lh� City . Engineer said that it was, and showed the Council r sampl�� nf tYae pipeo MOTZON by Councilman Samuelson to appzove this vari.ance frcx� L-he plumk>in,g code and allow the use of fiberglass pipe with the stipul�tion made in writing that the City will be held harmless, and that the Engineer and Plv�ing Inspector follow up on this installation to see if it ].ives up to exp�ctation. Seconded by Councilman Liebl. Upon a voice vo�e, there being n� nays, D4�yor Kirkham declared the motion carried. RECEIVING THE PLANNING COMMISSION M�NUTES OF AUGUST 6, 1969: 1. REZONING REQUEST: ZOA #69-10, GEORGE BAL'�HAZOR: Lot 3, Sv.bdi�rision #10, Auditor's Subdivision #94. Rezone from R-1 to R�3A. The Council decided to lay this item over until the next meetinq at the request of Councilman Sheridan, so that he can discuss it further with the Conncil. MOTION by Councilman Liebl to table this rezoning request to the meetinq of 5eptember 2, 1969. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. 2. PROPOSED PRELIMINARY PLAT, P.S. #69-09, MIKE O'BANNON: Lots 11, 12, 13 and 14, Auditor's 9ubdivision #22 and Lots 1 through 16, 24, 25 and 26, Block 1, Irvington Addition.' The City Engineer said that the planning Commission had recommended approval ' of this preliminary plat and the Council action w�ou1Q be to set a Public Hearing. _ MOTION by Councilmaa Liebl to concur with the Planning Ccx�.i.ssion and set the Public Hearinq oi► Preli�ainary Plat, P.S. #69-09 f�r 5eptEmber 8, 1969. Seconded by Councilman Samuelson. Upon a voice vote, there beiriq no n��, Mayor Kirkham declared the motion carried. — 9 �^ R.ECTJ.LF�k� �OUNCIL MEETING OF AUGUST 18, 1969 PAGE 5 Ia cesspool. The City Engineer pointed out the proposed plans for road i dedication and back lot utility easements. Mr. Wittman said he feels he � owns 150 feet, as this easement does not exist. Councilman Samuelson said ' that maybe there will be a street going east and west someday (approximately 64� Avenue) and right of way will have to be given for that street. Mr. ' Wittman said that if he sold to his neighbor, he will still have 75 feet and � wanted to know if he could get a building permit to build. Councilman Samuel- � son said that this was a corner lot so he would have to retain 80' . He ', said there would be a utility easement on the north line because they may � need storm sewer and NSP poles would have to be put in. The City Engineer said � that this easement on the north line would have to be given while he still ; owned the property. Mr. Wittman asked if he gave an easenent for 64� Avenue if he would still be responsible for the taxes. The City Engineer said that if he ! deeds 25' for the street to the City of Fridley, he would not pay the taxes on it. The City Engineer said that there is no sewer line on A.rthur Street now but there is one on 64th and Mississippi. Fie questioned whether the Council would allow a cesspool or require a hookup to sewer services. He said if he connected, he would have to follow Arthur Street and this would benefit the ; property on the east and they do not know how this w.ill develop. Councilman Samuelson said his suggestion would be that he could put in a cesspool, but ! would have to sign an agreement to hook up the sanitary sewer as soon as it � was available. Mayor Kirkham said he did not like the idea of a cesspool I because of the high water table. I MOTION by Councilman Samuelson to grant the lot split upon the granting of a 5 foot utility easement and the dedication of 25 feet along the south portion of the lot to the City of Fridley for street purposes retaining 80 feet north/south frontage on Arthur Street. The building permit to be predicated upon an agreement that as soon as sanitary sewer is available the owner will hook up to the City system and that all easements are on record with the City of Fridley. Seconded by Councilman Liebl. Upon a voice vote, all voting ; aye, Mayor Kirkham declared the motion carried. 5. VACATION REQUEST: SAV #69-06, LEO O. LEMKE: Vacate 47th Avenue between 3rd Street and University Avenue (Lot 30, Block 9, Plymouth Addition) MOTION by Councilman Samuelson to set the date of September 8, 1969 for the Public Hearing on Vacation Request SAV #69-06. Seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. 6. LOT SPLIT REQUEST: L.S. #69-20, FRANK DIRCZ: Combine 10 feet of Lot 29 with Lot 30, Block 1, Plymouth Addition. The City Engineer pointed out that the Planning Commission had recommended denial of this lot split. Councilman Liebl said that the petitioner had gone to the Board of Appeals first because of variances that were needed, the Board of Appeals had granted the variances and the Council had accepted their Minutes. He asked Mr. Dircz what his plans were for the lot split. Mr. Dircz presented pictures to the Council of other 40' lots in the area and also his tax statement for the property. Councilman Samuelson pointed out that the mini.mum corner lot size is 80 foot frontage. Mr. Dircz stated that the lot was useless to him now with the high taxes. He said that he has not paid the $400 assessments, and if he cannot do something with the lot he would have to let it go. Mayor Kirkham asked h.im i,� �� h� t]rm� j�e bought the f REGULAR COUNCIL MEETING OF AUGUST 18, 1969 PAGE 6 1� property, he had thought he eventually would be able to build on it. Mr. Dircz said that Columbia Heiqhts had lots of that size in the area, and he thought land would get scarcer and he would be able to build. Councilman Liebl asked if anyone had objected to this plan. n�r. Dircz replied that the neighbors did not object and presented the Council with the petition the Planning Commission had received. PETITION #37-1969 IN FAVOR OF L.S. #69-20, FRANK DIRCZ MOTION by Councilman Liebl to receive Petition #37-1969 of adjoining property owners granting approval to build a suitable home. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. Councilman Liebl asked Mr. Dircz what size home he would build. Mr. Dircz replied, giving the approximate measurements of the house he had in mind. Mayor Kirkham said that to be fair to Mr. Dircz he thought this should be brought back at the next reqular Council Meeting with a full Council as he did not feel he could vote for it and it would fail. He said the City has minimum requirements set up and a lot of only 45 feet would be a rarity in the middle of the block, let alone a corner lot. Mr. Dircz asked how the City would maintain the lot if he was forced to let it go. Mayor Kirkham said that was another problem, and did not bear on the lot split. MOTION by Councilman Samuelson to table the consideration of the Lot Split Request L.S. #69-20 to the Regular Council Meeting of September 2, 1969. Seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. 7. LOT SPLIT REQUEST: L.S. #69-10, NORTH AIR HOME ASSOCIATION, J.R. PLEMEL: South 150 feet of Lot 18, Brookview Addition subject to road easement over south 50 feet. The City Engineer said that the Planning Commission had recommended approval of the lot split request. He pointed it out on the map, and commented that this area has a drainage problem and the only way it can be drained is by going to the Creek someway. He pointed out that this lot split will aggrevate the water problem because they plan to extend their parking lot. The Council dis- cussed the drainage problem in this area. The Acting City Attorney said that he was sure the Knights of Columbus would go along with any solution the Council can find to resolve the "lake" on 68th Avenue and Lucia Lane. Councilman Samuelson asked if it would be wise to hold another Public Hearing for storm sewer. The City Engineer said that he thought it was advisable, but storm sewers are not popular. Councilman Liebl said he thought it was important to solve the drainage problem first. The City Manager said that this area is the source of many complaints because of water. Councilman Samuelson suggested a Public Hearing be held in October to give the Administration more time for enginee�ing studies. The City Engineer said that they were ready now as this has been brought to the Council before. MOTION by Councilman Samuelson to set up a Public Hearing for the construction of storm sewer services to the 68th Avenue and Chaa�nel Road area and that the Lot �plit Request L.S. #69-10 be tabled until the Public Hearing is completed. Seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. � . 'r �� ; �"�a� �(,J1� �� t?a�c ��;� EASEMENT ��',��,�� THIS AGREEMENT made this lOtYi day of September ,19�, between Walter E Wittman, a sin�le man � party_of the first part, and THE CITY OF FRIDLEY, a municipal corporation � under the laws of the State of Minnesota, party of the second part, WITNESSETH: Tha,+ the part� �f the fir. st pwrt ir_ co:��iderw+i�n of the sum of ONE DOLLAR AND OTHER GOOD AND VALUABLE CONSIDERATIONS to him in hand paid by said party of the second part, the receipt of which is hereby acknowledged, does hereby grant and convey unto the said party of�th-e second part, its successors and assigns, a permanent easement for Street and utility purposes over and across the tract or parcel of land lyirrg and being in the County of Anoka and State of Minnesota, described as follows to-wit: The North 5 feet of the South 150 feet of Lot l, Block l, Spring Valley, City of Fridley, and The South 25 feet of the South 150 feet of Lot l, Block 1, Spring Valley, City of Fridley, acc�ording to the United States Government survey thereof, all in Anoka County, Minnesota. . It is understood by parties involved that owner will have one lot suitable for building or this agreement shall be null and void. , �/ �- h n c1 (ccy '/� "`"`�r� . f(/V �/Lc(fi f-� °c?� r � . / .IN TESTIMONY WHEREOF, the said party of the first part has hereunto set his hand the day and year first above written. � � /� � � In the presence of: ��!/-1." ��'7�"i �� /��'i�� . `_�- / � - �� j �i /? -C�` ��' . �1i.�.�--�:�' / • �''v`r,•.,.r1--- . r� _ STATE OF MII�?nTESOTA ) � ss. . COUNTY OF HEi�11�'PIN ) , On this lOth day of September ,19 6q, before me, a Pdotary Public within and for said Co,�nty, personally appeared . Walter E Wittman, a sin�le man `� °�� `� �� ;_� to me known to be the person described in and who executed the same. as'h�s ' ' ;. , own free act and deed. � � � � I �� /�` % �f' . - �/•..�/ � %� !�.f� r��__ % ;�, : - I � '" � � •,, • , . ._ `�. y � '�, N T� �� j '� Notary Public, '�Coiznty, `Minn: m��• ��.... .�� My commission e�ires �9') n }�.��` T/'C ' � ( 7„t..�«.� ._ '�,r; t'. /„/_ ,(.� .... .. �.... .....:....::....:. - ��{�U(jlfOf��!1Gnd C�Uii�%..•,��„ _ _ � fj�� /' t' _ ;_...., , ...... . _......__ - '• n,... . . ....� , ,�:�,,�: ,�-� . ,:� �_.. �.� .. �i / r� .�,. . � . ,., ..i �.,!.-,, ...i --� :.I� ,� . � i .,:�.� .i��.