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LS69-19 Form #5-68 LOT SPLIT APPLICATION CITY OF FRIDLEY FOR z � J1 ,{ Applicant's Na��.Q�i� APPLICANT':A�r^� d i�v- Rc m e. /-t S S o C' ,,a 'o ►� I ' 1 / Lot Split C* ADDRESS:�S 3 ( 4 ' ,�« 4� a �r,'d 1 P '�,'h n 56, . FG) y, StreetT C ty Zip Code Date F led;TELEPHONE # (D �p�L �`u:Receipt�. � �t, Feer p Home Business �S'7_/*gyp Council Aetion:D!0k 19 0:>% v REMARKS: co PROPERTY OWNER(S)�,� { v v m e S S c�C ,a ,`�,►t I t4 � a3 0 m ADDRESS(ES)__ Aja rvr m w Street City Zip Code � mo0o•�+ 0 0° 0 Street City Zip Code ° r-, GO 0) ;� TELEPHONE #(S) o 0 pR', Home Business +� m +� ((D W O U o� Property Location on Street or Exact Street Address (IF ANY) 5 e 10.e )Oct) w U ~° Legal Description of Property: *k e '�o cc) 5 C,') o � to-t- 1<, v. .e c-Aj -1,0 ry & 'aQV" kVA. � C, U e VThr ���� �'c� Fen� Reason for Lot Split: C <Q h, 1 y �C✓ l A S .Q ✓i.1'V\ lj V�rtC- .l V.lt'1 l., K Y\ Y i—LJ a S • 0 u S [.t Total Area of Property sq. ft. Present Zoning Clase-1777io7 3 The undersigned hereby declares that all the facts and representations stated in this application are true and correct. n DATE: (�j- aJ - C.r SIGNATURE v� BELOW FOR CITY USE ONLY (Se# reverse aide for additional iwtrtw*AQ w- 1 PLATS & SUBS: Date of Consideration - Remarks; PLANNING COMMISSION: Date of Consideration - Remarks: CITY COUNCIL: Date of Consideration - Aemarkes I 3 LOT SPLIT APPLICATION PROCEDURE 1 . Obtain application form at City Hall. (6431 University Ave. N.E. , Fridley 2. Return completed application form with the required sketch of the property involved and the lot split fee of $15.00 for each original lot being split. 3. The application will be submitted to the Plats & Subdivisions and Streets & Utilities Subcommittee for recommendations. This Committee meets once a month, when required. The City will supply the applicant with minutes of the Subcommittee. 4. Following the Plats & Subs Committee recommendation of approval, the owner must then obtain a Certificate of Survey on the original parcel or parcels along with the new parc« As ,.-reat—: w. *h all Qxistine structures tied in. 5. The Certificate of Survey should then contain a simple description of a part of a platted lot or registered lot and be filed with the Engineering Department for Planning Commission recommendations. The Planning Commission meets on the second and fourth Thursday of the month. The City will supply the applicant with minutes of the Planning Commission. 6. The recommendations of the Planning Commission are submitted to the City Council for final action. The Council meets on the first and third Monday of the month. 7. The City Council approval may be subject to certain stipulations which must be complied with by the applicant. 8. A letter will be sent to the applicant to notify him of the Council action and to advise him to comply with the conditions imposed by the City. The letter will also contain any necessary deeds for easements and other pertinent papers for his signature. 9. When all the conditions of the lot split have been complied with, the applioant should file the lot split in Anoka County. 10. In all cases where Council action has been sought and denied, no petition for identical action can be presented until a period of six months has elapsed. NOTE: THE RESULTING REAL ESTATE TAXES AND SPECIAL ASSESSMENTS FOR THE NEW PARCELS IN TOTAL AFTER THE LOT SPLIT, MAY EXCEED THE AMOUNT ASSESSED TO THE ORIGINAL PARCEL. THE FINANCE DEPARTMENT OF FRIDLEY MAY BE ABLE TO PROVIDE THE ESTIMATED AMOUNT OF ADDITIONAL TAXES OR ASSESSMENTS. CITY O!' TR.1i1TI.$Y S�JkVL: Ft�ti PART OF 1)R 18 BROOR9IJW ADDITION w t MR. JAKU J. COLLINS 6834 CRANKEL ROAD L.S. #69-19 S. 150' of L. 18, Lrookview Add. subj . to road ease. over S. 50' . A' T North Air Home Assoc. ' a , i k ^... ^ r � J r - ` 1 DESCRIPTION: The South ISO feet of Lot 18, Brookview Addition, subject to road easement over the South 50 feet. k -%srebv cectifv t1tat this survey was made vn ier -sy d1rect s ior tb#c L AM a duly authorised Registered Land Surveyor under thea laws of tyle State of Kinuasota. William S. Loye, R. L. S. Minn. Reg. No. 6787 Date: November 15. 196$ d 7r L.S. #69-19 - North Air Home Assoc S. 150 Ft. of L. 18, Brookview Add' A ' b ) q v subj , to road ease. over S. 50 ft. 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P1emel Re: Lot Split Request, L.S. #69-19 Dear Mr. Plemel: The City Council of Fridley at their regular meeting of September 15, 1969 granted your lot split request subject to D the easement necessary. Would you please stop in the office for an explanation of the stipulation. Thank you. 'Yours verb DARREL CLARK Engineering Assistant DC:ob a�.'+a•3c�:. 'yxws -r .q h - �., �' w ._., .�vfi L� � c4' 'x �*d�- 1 +«} `���'! A :.t� R t�'{s s Y ��z � "� r ,� ���+ � �d�7'�R�,,`����g•��. 4+m `a'"} a> '' t�,�t aT� �& y� -- .. y'�E � t �y. � s. 5..� w d ,y,.Y",�' .r.• �*-A' 'r a,ry.,.F :c �qi `� j, � is �,.{.++ i�.q r"•€,at. t_',r ,z,•s "'i "i � � e.;@. m!t2122 f ar w�,":v z., t-t+ mss.•? t`- ,i� F}' 'F,Ft�a ,}°rf'.2 tl .._ t. '%�. ` ,,'�ks "t3 ca,A,-.. N"yr . s" -'3"'G ?,, .:� -�, •s'+ �_3,� Ki t .sb �2�' * a{. 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MOTION by Crowder, seconded by Myhra, that the Plats & Subdivisions- Streets & Utilities Subcommittee recommend to the Plannirg Commission denial of the Lot Split #69-20, Frank Dircz, to combine 10 feet of Lot 29 with Lot 30, Block 1, Plymouth Addition for the following two reasons: 1) the proposed lot would have on one side 49th Avenue which is a heavily traveled main artery affording little boulevard, and the proposed 11 foot setback seems very inadequate. 2) the total of five variances already granted from the Board of Appeals does not seem to meet the iuten.t of the City ordinances designed to prevent this sort of thing. Upon a voice vote, all voting aye, the motion carried unanimously. 4. CONTINUED LOT SPLIT REQUEST: L.S. #69-19 NORTH AIR HOME A,5-_5 ATION, J. R. P1J=L: South 150 feet of Lit-2S,'" Brookview Addition oubject to road easement over the South 50 feet. Mr. Plemel was present. It was noted that the land acquired for the lot split was a ewamp, and being zoned R-3, the lot would not be buildable. The Subcot=ittee wanted to check the amount of land purchased, and wondered if it would be to the benefit of the Knights of Columbus to purchase additional land to the North in order to get a buildable lot. Mr. Plemel said L'hLs was all the land the Knights of Columbus purchased and they had no kuT Cher plans for expansion in that direction as they just needed additional parking space. MOTION by Myhra, seconded by Zeglen, that the Plats & Subdivisions- Streets & Utilities Subcommittee recommend approval of the lot split, #69-19, North Air Home Association, J. R. Plemel of the South 150 feet of Lot 18, Brookview Addition subject to road easement over the South 50 feet, subject to further investigation for the possible need of a sewer easement. Upon a voice vote, all voting aye, the motion carried unanimously. Mr. Plemel said the easement is in the present parking lot. ADJO[JANHENT: MOTION by Crowder, seconded by Zeglen, that the Plats & Subdivisions- Streets & Utilities Subcommittee meeting of July 30, 1969 be adjourned at 9:25 P.M. Upon a voice vote, all voting aye, the motion carried unanimously. Re pectfullysubmitted Haze 0 Brian Recording Secretary Plana' s�ra ^n Meeting - August 6g, 1969Page 6 by fifteen people generally in the 4800 block on 3rd Street and some on 49th Avenue. MOTION by Mittelstadt, seconded by Myhra, that the Planning Commission receive the petition, dated August 5, 1969, referring to Lot Split, L.S. #69-2031 by Frank Dircz approving the building of a suitable home on Lot 30. Upon a voice vote, all voting aye, the motion carried unanimously.. MOTION by Mittelstadt that the Planning Commission recommend approval of Lot Split request, L.S. #69-20, by Frank Dircz to combine 10 feet of Lot 29 with Lot 30 and also approve recommendations made by the Board of Appeals to grant the following variances: Section 45.29 reduce lot width from 5Q feet to 45.12 feet; Section 45.29 (2C) distance between living areas from 20 feet to 15 feet; Section 45.24 street side corner lot from 17� feet to 12 feet; Section 45.28 reduce lot area requirement from 7500 to 5820 square feet; Section 45.23 sideyard reduced from 10 feet to 5 feet on existing home, to allow the applicant to split his lot for a saleable home. The MOTION FAILED for lack of a second. Mr. Jensen explained that he did not think it would be appropriate to grant the proposed lot split with its many variances. The minimum lot size is 60 feet. With these numerous variances, the lot is really not suitable for a single family dwelling. It was his own impression that this lot would be more suitable purchased by the City or County in all or part for a road right of way. There is a most serious shortage of right of way in this area. The boulevard for the lot would be five feet. Plowing a street with a five foot right of way is not wide enough, and a sidewalk is needed on that side of the street. For children to be walking in such a street is ridiculous. He thought it would be a far more appropriate thing for the City or County to acquire part of that lot and Mr. Dircz retain what is deemed necessary. MOTION by Jensen, seconded by Myhra, that the Planning Commission recom- ment denial of the lot split request, L.S. #69-20, Frank Dircz, to combine 10 feet of Lot 29 with Lot 30, Block 1, Plymouth Addition and concur with the recommendations of the Subcommittee as follows : 1) The proposed lot would have on one side 49th Avenue which is a heavily traveled main artery affording little boulevard, and the proposed 11 foot setback seems very inadequate. 2) The total of five variances already granted from the Board of Appeals does not seem to meet the intent of the City ordinances designed to prevent this sort of thing. 3) The City should study this lot as a pos- sible area to acquire more right of way to, perhaps, provide room for future turn lanes and sidewalks. Upon a voice vote, all voting aye, except Mittelstadt who voted nay, the motion carried. 8. CONTINUED LOT SPLIT REQUEST: L.S. #69-19, NORTH AIR HOME ASSOCIATION, J. R. PLEMEL: South 150 feet of Lot 18, Brookview Addis-fon subject o roa ease- ' ment over South 50 feet. Mr. Plemel was present. The Engineering Assistant reported that there was no need for a sewer easement for this request because the sewer was located about 12 or 15 feet onto the property of the Knights of Columbus in Harstad Addition. Planning; Commission Meeting - August 6, 1969 __- Page 7 MOTION by Myhra, seconded by Jensen, that the Planning Commission recom- mend approval of the lot split request, L.S. #69-19, North Air Home Association, J. R. Plemel of the South 150 feet of Lot 18, Brookview Addition, subject to road easement over South 50 feet. Upon a voice vote, all voting aye, the motion carried unanimously. 9. LOT SPLIT REQUEST: L.S. #69-22, RICHARD GJEVRE: Splitting a strip of land approximately 10 feet wide along the Westerly edge of Lot 4, Block 1, Sand- hurst Addition for additional yard. The Engineering Assistant explained that the purpose was to acquire more yard for Lot 5. Mrs. Lori Rakos, owner of Lot 4, signed the petition. MOTION by Mittelstadt, seconded by Myhra, that the Planning Commission recommend approval of the lot split application #69-22, by Richard Gjevre which calls for selling a strip of land approximately ten feet wide along the Westerly edge of Lot 4, Block 1, Sandhurst Addition. Upon a voice vote, all voting aye, the motion carried unanimously. 10. LOT SPLIT REQUEST: L.S. #69-15, ARTHUR DEYS: Lots 3 to 5, Block 7, Hyde Park Addition. Referred to Planning Commission by Board of Appeals at their meet- ing of July 30, 1969. The Chairman explained that the Board of Appeals requested denial of the lot split until the old house was torn down and then Mr. Deys return for the lot split.' MOTION by Jensen, seconded by Mittelstadt, that the Planning Commission acknowledge the action of the Board of Appeals and table the lot split request, L.S. #69-15, Arthur Deys, for Lots 3 to 5, Block 7, Hyde Park Addition until such time as Mr. Deys comes back. The lot split is to be granted at such time as the new house is built and the old house acorn down and the application be made for the lot split showing that there are no variances other than those already granted. Upon a voice vote, all voting aye, the motion carried unani- mously. nani- mously. 11. AMBER OAKS PLAT: To correct platting error, returning "triangle" from Lot 1, Amber Oaks to Lot 2, Block 2, Worrel's Addition. The Engineering Assistant explained that in the Worrel's Addition, part of Outlot 2, a 50 foot strip out to Stinson Boulevard was proposed for future street and a radius was included with it. However, in the plat of Amber Oaks, this street was changed which caused this portion to be part of Lot 1. There- fore, part of Lot 1, Amber Oaks is actually in front of Lot 2, Block 2, Worrel's Addition.The owner of Lot 2 in Worrel's Addition is willing to accept a deed for the small triangle which would result in a straight lot line between adjoining lots. MOTION by Mittelstadt, seconded by Myhra, that the Planning Commission has no objections to splitting off the "triangle" from Lot 1, Amber Oaks, provided a proper lot split application is signed by the petitioner and the party it is being sold to, being the property lying south of the south line of Amber Oaks. Upon a voice voce, all voting aye, the motion carried unanimously. REGULAR COUNCIL MEETING OF AUGUST 18, 1969 PAGE 6 property, he had thought he eventually would be able to build on it. Mr. Dircz said that Columbia Heights 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. nor. 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 regular 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. PLEM_EL: 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 I 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 engineering 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 channel Road area and that the Lot Split 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. REGULAR COUNCIL MEETING OF AUGUST 18, 1969 PAGE 5 a cesspool. The City Engineer pointed out the proposed plans for road 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 6411 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 easement 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 Arthur Street now but there is one on 64th and Mississippi. He 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 will 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 because of the high water table. 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 minimum 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 him if at the tom@, he bought the REGULAR COUNCIL MEETING OF SEPTEMBER 15, 1969 PAGE 14 CONSIDERATION OF FIRST READING OF ORDINANCE ON VACATION (LEO 0. LEMKE) SAV #69-06: Councilman Sheridan commented that it seemed senseless to him to vacate the street and not the alley. The City Engineer said that the vacation is only for the south � of the street. There would still be access into the alley, but to his knowledge it is not being used. He said that if this is passed on first reading, then before the second reading is given, there should be the easements required, and the access to the property settled. Councilman Sheridan said that he did not think that it should be vacated at this time and the proper action would be to deny the request. MOTION by Councilman Liebl to deny the Vacation Request SAV #69-06 by Leo 0. Lemke to vacate the south half of 47th Avenue between 3rd Street and University Avenue. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. CONSIDERATION OF STORM SEWER IMPROVEMENT PROJECT FOR LUCIA LANE - 68TH AVENUE AREA: MOTION by Councilman Liebl to delete this storm sewer district from the 1970 program. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. APPROVAL OF LOT SPLIT REQUEST (L.S. #69-19) NORTH AIR HOME ASSOCIATION, JAMES PLEMEL: S. 150 Feet of Lot 18, Brookview Addn. subject to road easement over S. 50 Feet. MOTION by Councilman Liebl to grant the Lot Split Request by•North Air Home Association subject to the easement necessary. Seconded by.Councilman Harris. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. APPROVAL OF CHANGE IN EXTERIOR FINISH OF RIVERSEDGE WAY APARTMENTS: (James Nelson) Mr. James Nelson said that the only change is that they would like to use rough sawn cedar on the exterior rather than stucco. He then came forward and presented the Council with the plans and said that he hopes to have the buildings complete by next June. Councilman Harris asked if he still met the require- ments regarding the brick. The City Engineer said yes, and that he would re- commend approval subject to obtaining easements and drainage plans. MOTION by Councilman Harris to approve the change in exterior for the Rivers- edge Way apartments and approve the permit subject to the City getting the easements and drainage plans. Seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. APPROVAL OF PLOT PLAN AND OTHER ITEMS FOR COUNTRY KITCHEN RESTAURANT AND CONSIDERATION OF SIGN PERMIT REQUEST: The City Engineer said that the interior plans have already been presented to the Council, and there is no change with those. He said that his suggestion was to move the building 18' north, and then vacate the roadway. This would provide about 7' between the curbing and fenced area. There is a sidewalk running along the south property line. There will be 6' provided between the sidewalk and the cars. They have agreed on these pointe. They have also