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LS77-12 k�orm #5_ha LOT SPLIT APPLICATION CITY OF FRIDLEY ® �► FOR CITY USE ONLY Applicant' s Name APPLICANT: THURE H. ERICKSON Lot Split to ADDRESS: 7515 ALDEN WAY N.E. FRIDLEY 55432 Street City Zip Code Date Filed: 77 7 o TELEPHONE # 571-2134 571-6000 Fee:$ ��"`"Receipt #- 3-!� 3 Home Business Council Action:Date o REMARKS: U c 0 PROPERTY O�r1NER(S) SAME AS ABOVE Cd -P c ' PSH 'H 0 o � ESS(ES) H 9 o Street City Zip Code --P M °o -P m d Street City Zip Code o H m TELEPHONE #(S) a) � d � a Home Business -P m -N cd N O U 14 ¢I `0 _._.. (A O k 'rl FA P Property Location on Street or Exact Street Address (IF ANY) .7.4� ALDEN WAY N.E. FRIDLEY (INVOLVES ABOUT ELEVEN FEET OFF OF LOT 6 TO BE ADDED TO LOT l7)� w H Legal Description of Property: H , 10 2A Lot 6, Block 2, Elwell's Riverside Heights Plat 2, City of Fridley, Minnesota (See attached copy of Certificate of survey with legal easement description) Reason for Lot Split: I, as owner of lot 6 and 7 built a :house on lot 7. A large beautiful tree was in the way for the driveway. By using about 11 feet of lot 6 (which I also owned) it was possible to save the tree. I got approval from the City Council before paving the driveway. Now, I wish to legally deed those 11 feet to lot 7. Total. Area of Property sq. ft. Present Zoning Classification w The undersigned hereby declares that all the facts and representations stated in this application are true and correct. DATE: 44—t,�- 1 `l SIGNATURE BELOW FOR CITY USE ONLY (See reverse side for additional instructions CHECKED BY STAFF DATE Remarks: PLANNING COMMISSION: Date of Consideration - Remarks: CITY COUNCIL: Date of Consideration - Remarks: LOT SPLIT APPLICATION PROCEDURE 1 . Obtain application form at City Hall (6431 University Avenue N.E. , Fridley). 2. Return completed application form with the required sketch of the property involved and the lot split fee of $30.00 for each original lot being split. 3. The application will be checked over by Staff and the owner may be required to submit a Certificate of Survey containing a simple description of a part of a platted lot or registered lot, along with the new parcels created with all existing structures tied in. 4. The application will then be submitted to the .Planning Commission for their recommendation. The Planning Commission meets on the Wednesday- following the City Council meeting, which is generally the first and third Wednesdays of the month. . 5. The recommendations of the Planning Commission are submitted to the City Council for final action. If a Certificate of Survey wasn 't required before, it will be required for this meeting. The City Council meets on ' the first and third Mondays of the month. 6. The City Council approval may be subject to certain stipulations which must be complied with by the applicant. 7_. A letter will be sent to the applicant to notify him of the Council action and to advise him to comply with the conditions imposed by the City. The letter will also contain any necessary deeds for easements and other pertinent papers for his signature. 8. When all the conditions of the lot split have been complied with, the applicant should file the lot split in Anoka County. 9. In .all cases where Council action has been sought and denied, no petition for identical action can be presented until a period of six months has elapsed. NOTE: THE RESULTING REAL ESTATE TAXES AND SPECIAL ASSESSMENTS FOR THE NEW PARCELS IN TOTAL AFTER THE LOT SPLIT MAY EXCEED THE AMOUNT ASSESSED TO THE ORIGINAL PARCEL. THE FINANCE DEPARTMENT OF FRIDLEY MAY BE ABLE TO PROVIDE THE ESTIMATED AMOUNT OF ADDITIONAL TAXES OR ASSESSMENTS. C �CLj� �� t�rQ Made this..... �- ...,�''.Q.11a'tQ.eXlt.h..........--day of................Juxlv............................. 19...'x.?.._, between .....................Tkiure......i.......4............... Q VQ.r:)j....L�........Exi(;.ka.oil......................................................................................... ofthe County of.........._.A,ADR .....................................................and State of............MiX nea.Qta................................................ part.....i.ee...of the first part, and..........Flailip.....R...a d.Q.A '.Qline...X,.....L.I.Y.1.d........................................................ ...................................................................................................................................._..._.._._......_............................................................................................. of the County of............Anoka................._................................—and State of...............Minnez ta..-----------.............................-.. part.....ieS...o f the second part, WitntOOtb, That the said part.ie.8......of the first part, in consideration of the sum of ...............................One....and... to.......the_it.............................in hand paid by the said part...is.s...-of the second part, the receipt whereof is hereby acknowledged, do..................hereby Grant, Bargain, Quitclaim, and Convey/ unto the said part....Las.... I of the second part, .....the. r_......heiyrs and assigns, Forever, all the tract.........or parcel..._....of land lying and being in the County of..........An4ka...........................................and State of Minnesota, described as follows, to-wit: That part of Lot 6, Block 2, Elwell' s Riverside Heights Plat 2, City of Fridley, Minnesota, lying easterly of thefollowing described line; beginning at a point on South line of and 11.27 feet west of the Southeast corner of said Lot 6; thence Northeasterly 143.83 feet, moreor less, to a point on the North line of and 10.09 feet West of the Northeast corner of said Lot 6, and there terminating. to *abt anb to JWb the &amt. Together with all the hereditaments and appurtenances there- unto belonging or in anywise appertaining, to the said part......l.e.a..of the second part,....the.l..x'.........heirs and assign,,;, Forever. 311 TtgtinlM Ulbtrtof, The said pare-les.....of the first part ha-V9-.hereunto set...th.Q.i_r.............- handA.-..the day and year first above written. InPresence of ................................................................................--------•--•---.--------......--------•-•- ...............................................-........................................................................... ................................................•---------................---....._......---.......- Mate of Rinne.5ota, 8, On thio...- - - - ----------------------------. ----day off.._.._..-- - - - - - - - _ - - - .., 19--------, before me, a.........................................................._...---.....----------•-......------...within and for said County, personally appeared .......-...............-......-.............................................................-•----------------------------------------•---------- ------------------------­---- ------------------------------------------------------------------------------------------------------------------------------------------------_-------------------------------------------------..- to me known to be the person...........-_.described in, and who executed the foregoing instrument, - - - - - ._.--................. ------------------..... .........._ _ _..and acknowledged that--------------he.............executed (See Note) the same as._...._ - - -- __-free act and deed---------•-----------•-------------------------------------- (See Nota) Notary Public-----------------------------------------County, .Minn. My commission expires...-..-.........._........._......._-------, 19..___---• NO?is The blank lines marked"Sea Nota"ata for use when the instrument Is exmuted by an attorney in het. H I I i I 1 I, THIS INSTRUMENT WAS DRAFTED BY: Tax statements for real property described in this instrument should be sent to: rank Voth 3710 Coon Rapids Blvd Philip R Lind 7501 Alden Way ,_ i" Oka Mn 5 � s Nalridley. Minnesot)�dress 55432 LU UJ • ® b V..i ~ 'moi /� .S �1 i t As cb U. PL A '+ 17 LOT' SURVEY & 110USE: LOCATION CITY OF FItI13LEY I.;IT 7 ,. BLOCK z EI44lELL'S RIVi,R8i1}$ aUGHTS PLAT 2 , SURVEY' FOR ASIC. THURE 11. L`LICKS{ • 7501. AL LN' WAY 'I.E. i41trxv'E1`�PGLIS, MINNESOTA. S5G32 r - i� � �o�erc L�✓E * r ► �;7 Q' V / POS I 41 "'La 1p— i I, • ,x r f#L,gEr'J A'AY DESCRIPTION: 1.at 7 , i1c7Ci. Z ,. f:2ti1u21'a Riverside heights Plat Z, City of Fridley, i. Minnesota. ti • I hereby certify that ti;:s !jurVLy WZIS trade under r..y direct suv.rvisien and that I am a duly authorized Registered Land Surveyor under the laws of the State of Minnesota. Llillia-m S. Loye, R.L.S. s 1:i41. Rel;. No. 0787 J f date Uctober N Lx 1 THE B. 6. MCDOMOUGH CO. 1933 UNIVERSITY AVE . SAINT PAIL 4 fE. 5.6611 NCH..,,,_<L_.fE Er 611 NATIONAL 6UILJING MINNEAPOLIS 2 TELEPHONESS MI 6-6#556 !; M1. 8-5072 PLAT OF SuavEY I , !; OF PROPERTY OF-9161?ile t. j CEBCRIBED AS FOLLO1h'5 >AW dC�0 I I� i 7 i _ II 1� n 1 r G iln + o� "'r kq rt J I� 11 I{ ' CEP.TIMATE OF LOCATION OP BUILDING CERTIFICATE OF 9UKVEY ;1 y I here:.y certily tT:at _2i,__�_Ig j C 1 I n,ec'.e n srtrvty of the iomtlon of the buildin (s) on the I hereby certify that on . ,. ! ff`ore ai-l-led ro ,c,tion I aurvcyed the property _ pis cor o.:t:y •o ;� �i�tbet abo d jtlat alIj of raid plat to a corret t sptesontatii tj of sa'd survey. at the nb,lva i .22 1 EASEMENT DESCRIPTIO\ NausELoc�riON /4'ev�sd'0 CITY OF FRIDLEY t-3 LOT b, BLOCK 2. ELWELL'S RIVERSIDE HEIGHTS PLAT '2 "� FOR RR. THURE H. ERICKSON 7501 ALDEN WAY, I.E.: 1NEAPOLLS, 'Si:.:iESUTA 55432 JJ 6It, a R rYAl s z,� O pe �, �o a ��a lr 1 � yO • at` b 83.3 \ iz? 1 � i \\ i!t DEN h1,4 y DESCRIPTION: ':hat part of Lot 0, Block 2 , -1well's Riverside lieiglits Plat 2, �,ity of Fridley, CLi:.nesota, ivi;ig oasterly oftt:e follot+ing ac cribed rine ; beginning- at a point on the Souti, litre )f anti 1 t. ..'7 fe.et WUSt of the SOULhcayt (-;;rncr of said Lot 0 ; thence northeasterly 11+3_; feet , more, or fuss , .o a point on enc ,Nortt, line of and 10.x'19 feet west of Lae corner .)f said 1.ot 6, and tt;crc terminating. I hereby certify that this survey was -majc under my direct supervision ani teat I a• a duly authorized Registered Laird Surveyor under the laws (If tae State of Minncsuta. lode, :'titin. Reg. .No. t'187 Dated : September 25, O/satpAICAtiON 404a-e 3 172 • L.S. #77-12 ERICKSON Lot 6 an Lot 7 lock 2 Elwells Riv ide Heights , Plat 2 7r� r's; 2514* rE77 TH: , RK ' /niXJ . 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Erickson 7515 Alden Way Fridley, MN 55432 Dear Mr. & Mrs. Erickson: The County has asked us to split the special assessments for Lot 6, Block 2, Elwell 's Riverside Heights Plat 2, as a portion apparently has been sold to Philip Lind. Please be advised that we cannot split any existing or future special assessments on this property until such time as the lot split has been approved by the City Council . The procedure for obtaining a lot split would be to make application through our Planning Department. Very truly yours, � in C. Brunse Asst. City Mgr/Fin. Dir. MCB/eh *--cc: Planning Department crry cj;- Fralct=-Y, SUBJr CTi. . roINjNF-s0—AA i COMMISSION APPLICATION _.. REVIEEVV . Dep msn/Uiv !on Nunba/j/ itzv Vc;g3 7D7.wed GY Date F16M NO/ADDRHSS COMPLETE REVIEW CHECKLIST FILM DA7c'S/ a-� � RETURN TO PLANNING OUR acres _�...�� CoMrvir_NTS Mul wi iii ��/'/ J (� ��—�'�{ M r VL+" �7 VA1L' 'l• A ' l I t ar i PLANNING COMMISSION MEETING - OCTOBER 19, 1977 Pare 9 Mr, Thomas Brickner withdrew the request for a Special Use Permit, aP 1177-14; Per Fridley City Code, Section 205.051 , 3,D9 to allow the construction of a double bungalow in R-1 zoning (single family duelling areas) , on Lot 1 , Block 1 , Heather Hills, the same being 1430-1432 Rice Creek Road NE, Mr. Bergman made the observation that out of 14 property owners that had been invited, only one showed up at the Public Hearing. Mr. Togli said that he had never been contacted by anyone with either of the Special Use Permits as to whether he was for or against it. Chairperson Harris said that he had gone to some of the neighbors, but that he did not contact all the neighbors, Mr. Bergman felt awkward with the situation. He said that Mr. Brickner had polled the neighbors and that he had received little opposition; then he said that Mr. Harris talked to neighbors, and they were very much opposed; and he said that Mr. Schneider had talked to neighbors and there had been a 50-50 split. Mr. Bergman said that with all the different discussions with the neighbors and then none of the people talked to had shown up at the Public Hearing. Mr. Togli said that with that many "polls" and he still had never been contacted by anyone; Ms. Schnabel said that people were very reluctant when they are an adjacent neighbor to come and publically say how they really feel, even when they are opposed to an idea, because that neighbor has to live in that neighborhood. She said that possibly many of the people were personal friends of the Brickner' s and they were reluctant to say something against the double bungalow because they have to live with him as a neighbor too. Mr. Togli was concerned about the term "spot rezoning". Chairperson Harris explained that it was allowed in the Code that an R-2 (double bungalow or duplex) be built in an R-1 lot with a Special Use Permit, providing that the minimum square footage of the lot was 102000 square feet or more and has 4/5 vote of City Council, Mr. Togli asked if many were granted. He asked if there was a lot of spot rezoning allowed in the City of Fridley. Mr. Boardman said that there have been about six requests over the past few months; but that only one had gone through and that was the one at 1441 Rice Creek Road. PLANNING COMMISSION MEETING - OCTOBER 12, 1977 Page 10 3. LOT SPLIT RE- UE`' L.S. / 77 12 THURE H. ERICKSON: SPLIT OFF APPRO` P "OM , AND ADD IT TO LOT 7, BLOCK 29 ELIUELL' s RIVERSIDE HEIGHTS PLAT 29 PER VERIFIED SURVEY AND COPY OF DEED, THE SAME BEING 7515 and 7501 ALDEN I'JAY N.E. Mr. Boardman explained that Lots 6 & 7 were owned by one party. He said that when the house on Lot 7 was built the driveway was allowed to encroach onto Lot 6 because he did own 'both lots. He said that the party was planning to sell Lot 6 and Mr. Erickson did not grant to have to move the driveway. He said that Mr. Erickson had arranged with the other property owner to request a lot split so that the driveway would be located on Lot 7. Mrs. Erickson of 7515 Alden ;`lay N.E. was present at the meeting. She indicated that they had gotten permission from City Council 15 years ago to put the driveway at its present location. Chairperson Harris asked if City would have to retain any easements. Mr. Boardman said that there were no easements that the City needed at that point. MOTION BY Mr. Bergman, seconded by Ms. Shea, to recommend to City Council the approval of the Lot Split Request, L.S. #77-129 Thure H. Erickson: Split off approximately 11 feet from Lot 6, and add it to Lot 72 Block 2, Elwell' s Riverside Heights Plat 2, per verified survey and copy of deed, the same being 7515 and 7501 Alden !'lay N.E. Upon a voice vote, all voting aye, the motion carried unanimously. 4. LOT SPLIT REQUEST, L.S. ,-y77-139 DA VERNE CORPORATION: LINE OF LOT 10 AND ADD IT TO LOT 92 BLOCK 39 INNSBRUCK NORTH 2nd ADDITION, PER VERIFIED SURVEY OF RECORD, SO HOUSE ON LOT 9 CAN MEET ALL THE SETBACK REQUIREMENTS, THE SAME BEING 5468 and 5498 1r11EST DANUBE ROAD N.E. Mr. Boardman said that there were no problems as far as the setbacks. He said that the lots would meet all the requirements with the lot split. He said that the lots were oversized lots and the lot sizes wouldn't be effected by the split. 220 REGULAR MEETING OF NOVEMBER 7, 1977 PAGE 6 SPECIAL USE PERMIT SP #77-13, INTER. CITY BUILDERS; 609 CHERYL STREET N.E.: Mr. Sobiech, Public Works Director, stated this is a request by the property owner at 609 Cheryl Street to construct a garage on property that is within the flood plain designation. The Planning Commission recommended approval of the request with the understanding that all of the various flood plain requirements would be followed. Mr. Sobiech stated correspondence has been received from the Department of Natural Resources indicating they have no problems with this variance, if the flood plain regulations were followed. MOTION by Councilman Fitzpatrick to concur with the unanimous recommendation of the Planning Commission and approve SP #77-13. Seconded by Councilwoman Kukowski. Upon a voice vote LLL voting aye, Mayor Nee declared the motion carried unanimously. LOT.SP T L.S. #7771THURE ERICKSON, 7515 & 7501 ALDEN WAY N.E. : Mr. Sobiech, Public Works Director, stated this is a request for a lot split to split off a parcel of property on Alden Way at 7501 and 7515. He stated the property owner originally owned both lots and at the present time, tho existing driveway involves both properties. The intent of the lot split is to attach a certain amount of property and existing driveway to Lot 7 to ensure that the driveway goes with the proper residence. MOTION by Councilman Fitzpatrick to concur with the recommendation of the Planning Commission and approve L.S. #77-12. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Qureshi, City Manager, pointed out that several of his neighbors are concerned about development of property east of their homes. He stated, to his knowledge, there is no request for development of the property and if there are any requests for develop- ment, they will certainly be advised. LOT SPLIT L.S. #77-13, DaVERNE CORPORATION, 5468 & 5498 WEST DANUBE ROAD: Mr. Sobiech, Public Works Director, explained this is a request for a lot split in order for the house on Lot 9 to meet all the setback requirements. MOTION by Councilman Schneider to concur with the unanimous recommendation of the Planning Commission and approve L.S. #77-13. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. SLIDE PRESENTATION - CRIME CONTROL PLANNING., BOARD: Ms. Carla Ekdahl of the State Crime Control Planning Board presented a slide presentation regarding community crime prevention which was the subject of a study made in Minneapolis. She stated their Board worked with the City of Minneapolis to analyze the crime problem and make recommendations on what the City might do to lower the crime rate. She indicated they would be in a position to offer training and technical assistance in working with the City staff in implementing a crime prevention program in Fridley, if the Council has an interest. Ms. Ekdahl stated that Ms. Carla Ott, Police Technician in Fridley has recommended a committee to study crime in Fridley and she would be happy to work with the City in pursuing such a program. Mr. James Hill, Public Safety Director, stated the Crime Control Board was requested to make this presentation to the Council so that the City would have the advantage of seeing what they had developed. He stated, in law enforcement, they are continually trying to reduce crime and felt the citizens should get involved. Mr. Hill stated, through the"research of Carla Ott, he is proposing to the Council an "umbrella concept" involving a crime prevention committee composed of citizens, individuals representing the Police Department, members. of the Planning Department, and members of the civic and business community, to actually view the various crime problems in the City. i L flya REGULAR MEETING OF NOVEMBER 7, 1977 PAGE 5 Mr. Sobiech stated the original building permit indicates the special use permit is only good for the automatic car wash. Therefore, if the variance is approved, it would also be necessary for a special use permit for the operation of the gas station. , Mr. Qureshi, City Manager, stated, when the property to the south develops, it is anticipated this would be one of the major intersections. He indicated when the original development was proposed, the requirement was that an additional lane be put in to the north t9 handle the traffic and that access be only from the service road. Mr. Herrick, City Attorney, indicated Mr. Sobiech'spo' int was well-taken that the special use permit exists for the car wash, and if the applicant now wants to establish a gas station, a new permit would be required. Mr. Qureshi suggested the staff work with the owner of the property regarding a traffic pattern at this location that may require only one entrance off of 73rd and provide some type of wider access off of T.H. #47. He felt they should have a whole picture on what the total use of the property would be and to work with the owner on a more acceptable traffic pattern. Councilman Hamernik indicated he has a problem with allowing the curb cuts in that area. Mayor Nee indicated he shared Councilman Hamernik's concerns and hoped another alternative could be worked out. Mr. Coddin stated he was willing to work with the City in this matter. Ili MOTION by Councilman Hamernik to table this item until staff is ready to bringit back before Council. Seconded by Councilwoman Kukowski. Upon a voice vote, ll voting aye, Mayor Nee declared the motion carried unanimously. EQUITY CONSTRUCTION COMPANY, 951 HILLWIND ROAD N E : Mr. Sobiech, Public Works Director, stated this is a request by Real Estate 10 to increase the maximum height allowed on an identification sign on Hillwind Road from 6'feet to 20 feet above grade. He stated the Appeals Commission heard the request and recommended the maximum height be increased from 6 feet to 17 feet. He explained this area is surrounded by residential property and this was the basis of the discussion on whether the extra height would be allowed. . Councilman Fitzpatrick pointed out, when construction began on this building, it fit well into the residential area and felt now an attempt was being made to appeal to the I-694 traffic. Councilman Schneider indicated he had somewhat of a problem with this request in view of the fact the Council has just considered a sign ordinance. Mr. Dick Walsh, representing Real Estate 10, indicated there. was a mistake on the location of the sign, and there is only one location on the property suitable for the sign which would be west of the building. Mr. Walsh stated the variance is requested from the 6 foot height in order to get the sign above ground. He indicated the purpose is to have an illuminated sign to identify the building and indicated they do not wish to put up anything that would detract from this structure. Councilman Schneider indicated his primary concern is surrounding residential properties. Mr. Walsh indicated they would like to get the sign out of the ground to a height acceptable to the Council. Mayor Nee asked Mr. Walsh if he would be willing to work with Councilman Schneider regarding the positioning of the sign. Mr. Walsh indicated this would be satisfactory with him and he could meet with Councilman Schneider at any time. MOTION by Councilman Schneider to table this item to the next meeting on November 14, 1977. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Note: A copy of this notice must be presented to Anoka County when the lot split is recorded (State Law) TO THE COUNTY AUDITOR OF ANOKA COUNTY: The City Council of the City of Fridley on November 7, 1977 approved the following request for a lot split to allow: _Tha rIr;vaw?Ulnr-;itPrj nn Int Fi, f0 hp in 1ud d wi h theprUperty on L__ pt 7 all in Block _22 1wP11 ;sRiverside Heights plat 2 on the following property: split off 1.1.27 feet from the East Side of Lot 6, at an angle so that it tnc�elNnc_ lfl. (1Q at the Northeast corn Ar and adcL.it t0 I nt 7, Block 2. Ellwell 's Riverside Heights, Plat 2 A stipulation to the lot split approval was to combine appropriate parcels of property to ensure no defaulting of taxes and avoid losing a parcel on a future sale of the property. It is hereby requested of the County Auditor to check the records and, if in order, combine the following parcels of land: Plat # Parcels Lots All of Lot 7, plus Easterly Strip of Lot 6, as described. above. Block 2 Addition Ellwell 's Riverside Heights, Plat .2 Signed Owner(s) of Record cc: Property Owner Lot Split Folder Fridley Assessing Dept. ,Real Estate File Special Assessment Dept. File