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LS77-09 r2orR #5-6 LOT SPLIT APPLICATION r�J CITY OF FRIDLEY FOR CITY USE ONLY Applicant' s Name APPLICANT: Lot Split # '%r/'- r ADDRESS: /Q Street City Zip Code Date Filed: U TELEPHONE 2 ale, Fee:$ <''`� Receipt �S Q, Home Business' Council Action:Date REMARKS: PROPERTY OWNER(S) dp aCd �- �P• -P Id Pi 3 O 3 N ADDRESS(ES) 41 Al- SS`Y 3 j Street City Zip Code -PN -V -P cm W Street City Zip Code a r c TELEPHONE #(S) 5 7 y' fi 3 -7j G Yd o ri d P P4 Home Business -Pm -PE N O O 14 Pa 0 (!1 UZ O ;A P +' -V Property Location on Street P, w -P or Exact Street Address (IF ANY) w NLegal Description of Property: z Reason for Lot Split: l Ll Total Area of Property._1y a ,_sq. ft. Present Zoning Classification_ ' The undersigned hereby declares that all the facts and representations stated in this application are true and correct. DATE: ,��L}_,1' - SIGNATURE BELOW FOR CITY USE ONLY (Se& 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. DEGRRDNER REALTY }" L.S. #77-09 5 1335 &`1345 52nd Ave. NE LOQ \2 ,g�••OC1�\, MAFI\AN HILLS ADO\TION/ ��� oa VT 9.bio 107- m LINE LOT 1,. LC< (PARC E L �� �'/ Dpi �# o ARIAN�H�5 z o /C O 500 gvOK 880 41 moi' - 9 A_ E zz i LJ co Ilio , . � a 7 p. 0 _ I o DOL 9 Mot 00 3 q 5 -- zti339 l3 3s cli 52. ND AVENUE N _ _ r' �3 hJ - r „ A „ art of the west 31ock 1, Marian Hills Second .ad The west 100.00 feet of tot 1, ills addition, on file in the office of the dition, togethwith Anoka County, 100.00 feet of Lot 12, Block 1, Marian H and drainage easement over the above ou file in the Fook s'of the County Recorder, Anoka County ; Minnesota; as Document 1lumber Minnesota;as'Document tiumGer 455241, "e.00k 380 Fane 221. Subject to a utility described properties, • 339804. „ 6 •, Marian Hills Second Addition, except the west 1D0.00 feet thereof, together Minnesota; as rt Lot 1, Block 1, r and drainane of Lot 12, Block 1„urian bilis AOdition,on file in the office of the County RecordRecorderAnoka Anok.ayLounty, Minnesota, of Lot 1 Nwnber 455241, gook Q60 PagP 221• except fife vlestthe officeeoftthe eCounty uRecor er,a utility easesent over the above described proptirties, on Document number 339804 r DeGardner Realty L.S. #77-09 ` 529' '�� ,Ii.dr `-- 1335 & 1345 52nd Avenue NE a 5Z7 w IS a zV-i �t �•:3 WIV S -- ,sedAt ! i rra c:l 5 ZBt '' to 5Z51 SZSo� SZs , � z , + a Sua .. ,as. w ca (n 8 a Q IiJ S2•� d a - r�2.3 Z 3 v r.1 ! �-- 5Z34 J W ___- X230 523 SZ 2A it zT7 a Q 5235 �; •� : - y,��... �, '�"�;�.,�:R �.�«' S2Zp 52..�y t �Z �- 9 f .." fix. 5 ' IsIt 34 5Zlei d • 5Z 1 b i a _ T SZ 11 ti SZ O SZ� tt eo), Y - - y•b A 2 iNO= ,AVE. 4 - A'�` � . t�8a 129 8 i 3 I o Y ->� -��• • 90 so `,�'`=�� •O � 1 .-App.7Yl',.. � .�� �: � ' Is- w Ar . 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MIi11NE50TA ( C®IVIMISSIOW APPLICATION I REVIEW Uep /UiVisiOm' Number ry ate Approved by i Dole COMPLETE REVIEW- CHECKLIST FIL NO/AOORMSs FIL OATQ 7 7 - V�/ �� ��J(�// RETURN To. PLANNING uu: Ere- V/3<4S s�� � - DarrelcolCOMMENTS _TOS .� Jerry �� -- 4 J0 PLANNING COMMISSION MEETING - AUGUST 17, 1977 PAGE 8 Mr. Don Nielsen stated when this was discussed with the staff, it was pointed out that it would be 105 feet and this figure was written in at that time. Ms. Schnabel stated she wondered why the staff had changed it to 130 feet and felt possibly it has something to do with the 25 foot dedication. Ms. Shea questioned if the 25 feet is the actual street. Mr. Don Nielsen stated it may be part of the boulevard area. Mr. Bergman stated, he may be getting a little technical, but the map on Page 28 is not a survey as it is not stamped, no one has signed it and he didn' t know where it came from. Mr. Don Nielsen stated the garage shown on the drawing is his old garage which has been torn down and he has bought an additional 10 feet to the East of his lot. He stated the drawing isn't at all like the lot presently exists and is not really up to date. Ms. Schnabel felt, if Mr. Nielsen did not have any strong objections, it would probably be better to table this item to the September 14 meeting. Mr. Don Nielsen felt this would be acceptable with him. MOTION by Mr. Langenfeld, seconded by Ms. Schnab0l• to table this iter. to the next meeting of the Commission for the proper information from staff. Upon a voice vote, all voting aye, the motion carried unanimously. Mr. Bergman suggested to Mr. Nielsen that he meet with Jerry Boardman of the City staff regarding the discussion this evening and in order to bring things up to date and clarifi-e-d. for the next meeting. 3. LOT SPLIT RE UES L. S. #77-09 GARDNER REALTY: Split Lot 1, Block 1, Marion Hills Seco Additions Lot 12, Block 1, Marion Hills, into two parcels: PARCEL A. The West 100' of Lot 1, Block 1, Marion Hills 2nd Addition, together with that part of the West 100 feet of Lot 12, Block 1, Marion Hills Addn. , on file in the office of the County Recorder, Anoka County, Minnesota as Document No. 455241, Bk. 889, Pg. 221. Subject to a utility and drainage easement over the above described properties as Document 339804, the same being 1335 52nd Avenue N. E. PARCEL B. Lot 1, Block 1, Marion Hills 2nd Addition, except the West 100 feet thereof, to- gether with that part of Lot 12, Block 1, Marion Hills Addition, on file as Document 455241, B1.880, Pg. 221, except the West 100' thereof. Sub- ject to a utility and drainage easement over the above described pro- perties as Document 339804, the same being 1345 52nd Avenue N. E. Mr. Allen Mattson, representing DeGardner Realty, appeared before the Commission regarding this request for a lot split. Mr. Mattson stated this land was bought as a tax forfeit piece of property and the City was contacted to see if the property could be split into two buildable lots. PLANNING COMMISSION MEETING - AUGUST 17, 1977 PAGE 7 Mr. Don Nielsen stated, when they dedicated 25 feet to the City for the road, they were informed the City did not want to leave them with an unbuildable lot. Ms. Schnabel pointed out that if they split off 110 feet, it would give them additional square footage and closer to the 9,000 square feet required. Mr. Don Nielsen felt, if this was done, it would give him hardly any yard at all. Ms. Schnabel stated she appreciated Mr. N ielsen's concern, however, if the lot split was approved as he requested, they would be creating an unbuildable lot. She felt this may have been the reason for the change to 130 feet, instead of the 105 feet, in order to make this a buildable lot. Mr. Ron Nielsen questioned if the requirements would be met if the house faced on Alden Circle instead of 71-1/2 Way. Ms. Schnabel indicated they could prob- ably meet setback requirements, but not square footage requirements. Mr. Bergman felt he had inadequate information to take action this evening. He stated there was lack of an up-to-date map and the description, in Mr. N ielsen's view, is wrong. Mr. Don Nielsen stated he would like the Commission to consider the 105 feet as no one could have built without them giving up the 25 feet for the road. Mr. Bergman stated, when he gave the 25 feet, it wasn't necessarily condit- ioned on anything else but to provide the necessary accessways for the pro- perty. Mr. Langenfeld pointed out if the lot split was granted and the buyer of the lot was aware the lot was substandard, he felt it would only create a worse situation. Ms. Schnabel questioned if it would be agreeable with the applicant to table this item to the next Commission meeting so input can be received from staff in terms of the lot size and come to an understanding of what is required on the square footage. Mr. Don Nielsen stated the sale of the property could be subject to the lot split, however, he did not want to stall the buyer indefinitely. Mr. Langenfeld indicated the Commission could send this to Council without a recommendation and have staff supply input at the Council level. Mr. Bergman felt this could be sent to Council, without a recommendation, but would vote against it as he felt they had a job to do. Mr. Ron Nielsen stated, as far as the survey shows, the original plat lines for the whole lot are correct. He stated the only problem now is where the line would go. PLANNING COMMISSION MEETING - AUGUST 17, 1977 PAGE 9 He stated staff advised them that it may have to be platted. However, after checking with the City Attorney, staff indicated it wouldn't be necessary to plat the property, but to apply for the lot split. Mr. Mattson explained the total area is 26,200 square feet and this would be split into two lots. Ms. Schnabel questioned if this lot split would create any problems in terms of the easement as they cannot build over it. Mr. Mattson indicated it would not create any problems as they wouldn't be building over the easement. , Mr. Bergman questioned the .10'..foot easement. Ms. Schnabel felt it was evid- ently all part of the whole easement as it is referred to as part of the docu- ment. Mr. Langenfeld felt the easement was a continuation of the drainage and utility easements. Mr. Bergman questioned the terrain and Mr. Mattson stated it pitches to the West. Mr. Bergman stated it would make sense then that this is the continu- ation of the easement. MOTION by Ms. Shea, seconded by Mr. Langenfeld, to recommend approval of Lot Split #77-09, as requested by DeGardner Realty. Upon a voice vote, all voted. aye, and the motion carried unanimously. ADDITION TO THE AGENDA: MOTION by Ms. Shea, seconded by Ms. Schnabel to add Item 3A, Receiving Minutes of the Appeals Commission of August 9, 1977 and Item 3B, Receiving Minutes of the Human Resources Commission of August 4, 1977. Upon a voice vote, all voted aye, and the motion carried unanimously. 3A. RECEIVING KLNUTES OF THE APPEALS COMMISSION MEETING OF AUGUST 92 1977: MOTION by Ms. Schnabel,, seconded by Ms. Shea to receive the minutes of the Appeals Commission of August 9, 1977. Upon A voice vote, all voted aye, and the motion carried unanimously. 3B. RECEIVING =, UTES OF THE HUMAN RESOURCES COMMISSION MEETING OF AUGUST 4, 1977 : MOTION by Ms. Shea, seconded by Mr. Langenfeld to receive the minutes of the Human Resources Commission of August 4, 1977. Upon a voice vote, all voted aye, and the motion carried unanimously. Ms. Shea stated she would like to bring to the attention of the Council the comments of the Human Resources Commission regarding the Liquor Ordinance on Page 4 of the minutes. PLANNING COMMISSION MEETING - AUGUST 17, 1977 PAGE 10 RECESS: MOTION by Ms. Schnabel, seconded by Ms. Shea to call a recess. Upon a voice vote, all voted aye, and the motion carried unanimously. Recessed at 9:55 P. M. RECONVENED: Chairperson Bergman reconvened the meeting at 10:10 P. M. Schnabel, Shea, Bergman and Langenfeld were present as well as the staff representative, Ray Leek. 4. REVIEW PROPOSED SIGN ORDINANCE: MOTION by Ms. Shea, seconded by Mr. Langenfeld to table this item until staff brings in a further report. Upon a voice vote, all voted aye, and the motion carried unanimously. 5. CONTINUED: PROPOSED MAINT�IANCE CODE: MOTION by Mr. Langenfeld, seconded by Ms. Shea to table this item. Upon a voice vote, all voted aye, and the motion carried unanimously. 6. PARKS AND OPEN SPACE PLAN : Mr. Leek stated Mr. Boardman asked him to come this evening to provide further information on the Parks and Open Space Plan. Mr. Langenfeld stated the Environmental Quality Commission had a very lengthy discussion on this plan and there was deep concern by the members on the urgency of accepting it. He stated they began to review the plan page by page, but didn' t get very far. He indicated the general conclusion of the Commission is that past, present and projected uses of the parks hinges solely on proper definitions. He stated the Commission felt this was a very important' document and they couldn' t even consider acceptance at this time until the definitions are clarified. Mr. Leek stated, in 1976, the State Legislature passed the Mandatory Land Planning Act requiring a satisfactory Land Use Plan which means the City has to update this plan. He stated one element of this is the Comprehen- sive Parks and Open Space Plan. Mr. Leek stated, in order to apply for any funding, the City must have a document that is formally approved by the City Council. He felt, if the plan isn' t adopted so that they can make application this year, the City may lose out on future opportunities. Mr. Leek felt it would be "nip and tuck" meeting the schedule and there is also a period for exchanging this document with school districts, the county and surrounding cities for their comments. Mr. Leek indicated the Parks and Open Space Plan is only one element and there are a multitude of other planning items such as the Critical Areas Study, Transportation Plan, Housing Plan, etc. 174 REGULAR MEETING OF SEPTEMBER 12, 1977 PAGE 8 Mr. Qureshi, City Manager, stated when the 'standards were reviewed and taking into I consideration the cost benefit for a long period of time, it was decided concrete curbing was a better investment, and in 1969, standards were adopted that all new construction would have concrete curbing. ' Mayor Nee felt the Council would have a problem of finding the rationale for changing the ordinance. Councilman Hamernik stated this requirement for concrete curb is part of the code and others have complied and felt he could not put himself in the position to say that what the City has in their code is not acceptable. Mr. Qureshi, City Manager, questioned Mr. Brink if he had investigated the other method of construction of the concrete curbing. i Mr. Brink stated they were not able to get any favorable quotes that would save them any appreciable amount of money. Mr. Brink also indicated they would be providing more parking than is needed. Mr. Qureshi felt if there is no potential for them to need the additional parking, possibly something could be worked out to have a smaller area blacktopped, thus reducing some of the cost and applying this to the concrete curb. He felt, as long as the land was available, if additional parking was required in the future, it could be put in at that time. Mr. Brink still felt it was difficult to justify the expense for concrete curbing. Councilman Hamernik felt consideration of Mr. Qureshi's suggestion to blacktop a smaller area of the parking lot and save in this regard may be a favorable solution. Another gentleman from Designware, Inc. commented this suggestion may not work from the standpoint of providing a good traffic flow pattern. RECESS: Recess called by Mayor Nee at 10:45 P.M. RECONVENED: Reconvened at 11:00 P.M. All Council members were present. Mr. Qureshi suggested the staff work with Mr. Brink of Designware Industries, Inc. to check further into estimates for the concrete curbing. MOTION by Councilman Schneider to receive this request by Designware Industries, Inc. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. i CONSIDERATION OF APPROVAL OF FINAL APPLICATION FOR OUTDOOR ATHLETIC COURT GRANT: t MOTION by Councilman Schneider to approve the final application for the outdoor j athletic court grant. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. REQUEST FOR INCREASE OF PENSION BENEFITS BY FRIDLEY FIREFIGHTERS: Deputy Chief Aldrich of the Fire Department appeared before the Council to answer any questions regarding the increase in pension benefits for the Fridley firefighters. Councilwoman Kukowski questioned the last increase in benefits and Mr. Aldrich stated in December, 1975. Deputy Chief Aldrich called the Council's attention to the letter of May 3, 1977 from Stennes and Associates, Inc., Actuaries and Consultants, indicating the increase is within the limits of the excess of funds. Deputy Chief Aldrich also pointed out this study by Stennes and Associates was done in May and it is not proposed to have these increased benefits go into effect until January, 1978. i • 17 REGULAR MEETING OF SEPTEMBER 12, 1977 PAGE 7 i DEGARDNER REALT LOT SPLIT L.S. #77-09 1335 AND 1345 52ND AVENUE N.E.: i Mr. Tom Colbert, s nt City Engineer, stated the Planning Commission reviewed this request for a lot split and has recommended approval. MOTION by Councilman Schneider to approve Lot Split L.S. #77-09 for DeGardner Realty. Seconded by Councilman Hamernik. I Mr. Qureshi, City Manager, questioned the potential of any additional assessments on the property and felt this should be checked. UPON A VOICE VOTE TAKEN ON THE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. i MOTION by Councilman Hamernik to receive the minutes of the Planning Commission Meeting of August 17, 1977. Seconded by Councilwoman Kukowski. Councilman Schneider questioned the procedure followed regarding the Hyde Park Area at the Appeals Commission Meeting on August 9, 1977. Mr.QOresh.i, City Manager, explained because. it was an R-1 use of the R-3 property, it was determined this did not have to be passed on to Council. Councilman Schneider indicated he did not have any problem with the action taken, but just wanted to make sure it was consistent. UPON A VOICE VOTE TAKEN ON THE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. i RECEIVING THE MINUTES OF THE POLICE COMMISSION MEETING OF AUGUST 16, 1977: i MOTION by Councilwoman Kukowski to receive the minutes of the Police Commission Meeting of August 16, 1977. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, May Nee declared the motion carried unanimously. RECEIVING THE MINUTES OF THE POLICE COMMISSION MEETINGS OF AUGUST 30, 1977 AND SEPTEMBER 9, 1977: MOTION by Councilman Hamernik to receive the minutes of the Police Commission Meetings of August 30 and September 9, 1977. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF A REQUEST FOR APPROVAL OF A ONE FOOT EASEMENT ENCROACHMENT AT 1580 Q-4ONDAGA STREET, BY LAVERN C. EDSON, LOT 2, BLOCK 1, DELEIER ADDITION: Mr. Tom Colbert, Assistant City Engineer, stated a letter was received from Mr. Edson requesting a one foot encroachment into the easement. He indicated there would be no major obstruction to any existing or proposed drainage pattern,.and that letters were received from Cable TV, Northern States Power, Minnegasco and Northwestern Bell Telephone indicating no objections to this encroachment. MOTION by Councilman Schneider to grant the request for a one foot encroachment on the easement for Lot 2, Block 1, Deleier Addition. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF A REQUEST BY DESIGNWARE INDUSTRIES, INC., TO SUBSTITUTE ASPHALT — CURBING FOR CONCRETE CURBING IN PARKING LOT CONSTRUCTION: Mr. David Brink of Designware Industries Inc. appeared before the Council regarding a request to substitute asphalt curbing for concrete curbing in their parking lot construction. Mr. Colbert, Assistant City Engineer, stated, at the time the building permit was issued in November, 1973, it was agreed that the parking lot would be brought up to City standards within one year of completion of the Mississippi Street underpass. Mr. Brink stated in order to provide concrete curbing, it would cost an additional $5,000. He stated they have an existing asphalt curb which is 16 years old and felt this was a testimonial to the durability of asphalt. He requested favorable action from the Council to permit an asphalt curb instead of a concrete curb. According to State Law, it is necessary to have this statement with you to record your lot split at the County. TO THE COUNTY AUDITOR OF ANOKA COUNTY: The City Council of the City of Fridley on September 12, 1977 approved the following request for a lot split to allow: Lot 1 , Block 1 , Marion Hills Second Addition, and Lot 12, Block 1 , Marion Hills Addit4an to be aplit--i-Rte--tine—Wi-1d i n g—s i ire s on the following property: see attached. 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 # I� Parcels /O -- .5-0 O Lots 1 , Block 1, Marion Hills second Addition Block and Int 12, BlQck 1, Marion Hills Addition Signed Owners of Record cc: Property Owner Lot Split Folder Fridley Assessing Dept. ,Real Estate File Special Assessment Dept. File Ow Split Lot 1, Block 1, Marion Hills Second Addition, and Lot 12, Block 1, Marion Hills, into two parcels: PARCEL A. The West 100' of Lot 1, Block 1, Marion Hills 2nd Addition, together with that part of the West 100 feet of Lot 12, Block 1, Marion Hills Addn. , on file in the office of the County Recorder, Anoka County, Minnesota as Document No. 455241, Bk. 889, Pg. 221. Subject to a utility and drainage easement over the above described properties as Document 339804, the same being 1335 52nd Avenue N. E. PARCEL B. Lot 1, Block 1, Marion Hills 2nd Addition, except the West 100 feet thereof, to- gether with that part of Lot 12, Block 1, Marion Hills Addition, on file as Document 455241, B1.880, Pg. 221, except the West 100' thereof. Sub- ject to a utility and drainage easement over the above described pro- perties as Document 339804, the same being 1345 52nd Avenue N. E.