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LS69-18 Form #5-68 LOT SPLIT APPLICATION CITY OF FRIDLEY FOR CITY USE ONLY Applicant's Name APPLICANT:--- I'_ . G'e o-r 1 e; V e, //s I Lot Split # L.S. #69-18 ADDRESS-.— !0 3-6-3 ms o W Street City T p Code ]Jate Filed; 6/11/69 .� TELEPHONE # 5-b o _S`o 3- 6 6 - 36 8,8 Fee:$yteceipt ?L63 o q Home Business Council Action: � oo REMARKS: 1 9 0 PROPERTY OWNER(S) L e vV r`s -�e r e W2 �� Jr,c s, � �C d w&_H Ffhel M a : �✓e l/s w 3 0 , ,. ADDRESS ADDRESS(ES) b n_30 c Hl e Y r v e �r d /e v S'S jl �-- a) a o Street City Zip Code 4moGH +' CH o m u Street City Zip Code ° '-, TELEPHONE #(S)_ S6 p v 6 1— F64 - .3 6 8 L , (�`e o �✓e//s) v W Home Business ors +, Property Location on Street or Exact Street Address (IF ANY.) O c`J{le y D 0 ~' Legal Description of Property-? l�(• I o o l o-F L o 7` Ye �a! S-A, #a f �_,F v o i'r d /I,r ( EX. Reason for Lot Split: �v e W a.n /- 4-0 r e f a i» / o n F a y -f- '1-r i s /e �- w h e r e w e Li a.✓Q- frees az3 bsJc0Y- sey ee » Ov-r /10m9, " s so -Fa r b� K froom+ � 6e, sfreQ �- ham ovY / ' �.v ;r d� ws �. ,u� l d /� e /•C tl�� r e �f/v i'r�- o fib 2��i �1 ✓ � r,9 )r o o Y{•-�� y'ar d _ of 9at+r6- a9e_ Lars �'ric ! �eraf vr� eYo� P� r,s� zf G! Total Area of Propertyl/`�sq, ft, Present Zo.n n Cjaee fjce.tjQ; f The undersigned hereby declares that all the facts and representations stated in this application are true and correct. DATE; 6L,1 A SIGNATURE ,(�( BELOW FOR CITY USE ONLY (Ser reverse side for additional imstr=161=01 PLATS SUBS: Date of Consideration - Remarks: PLANNING COMMISSION: Date of Consideration - Remarks: CITY COUNCIL: Date of Consideration Remarks; 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 pare-is ;reat—i w. 'ti al: -zistiW strictures tied in. 3. 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 applicant 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 TAX93 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. Parcel #1 North 100 ft. of Lot 8C, except the East 12 ft, thereof, Auditor' s Subdivision #21, City of Fridley, Anoka County, Minn. Parcel #2 North 100 ft. of Lot 8B, together with the East 12 ft`, of the North . 100 ft. of Lot 8C, all in Auditor' s Subdivisions #21, City of Fridley, Anoka County, Minn. L.S. #69-18 - George Wells R E. 12' of N. 100' of L. 8C, 2nd Rev. A.S. #21IV 5 "at Split -Request: L.S. 969- 18, L. George Wells r. Legal Description x _ L ", . A .moi � I. .. •'�M VI ----- - .. ay23.69 to .,moi')' �+ �V��1 �(�01 "��.'_ 9 �•� ^ 9y `^��. ✓ ^ m � -� h - Nh I __.... � >04 We y� �'' �:-�a�._-. �3_f� /1,748 \ � c,• -,A, a� /� arc €f x (� . soy' op w 1 13 - 00 IN v aN - So �iD�fo 1f y, WSJ 1.9d°µ o !D3 9 fF So .if3'+ sl O p • �- �$ - m'"• _ }. ��'' `.6® Tib •. F, s_ -:,: a ora o+ y h 5Vq V r b��y _o ; •H - l � (�ircyf Yrs r ; 61- oil �• h ® ------' a s,. T711 " v - p • TI- vl- �---- ---------- �[ J ��� ^ 0� •C L LG � I - --------- ---- � ' A �' � o La'.�.-. o�c:aroc,j•�i0 p Q�r 4 0 � Q �� c' 2i/2,�4G � a U) x, 81 8H04. SEC. .3 �a.st ' r L.S. #69-18 2nd Rev. N. 100' of .Lot 8C,AAud. Sub. #21 L. George Wells Retain E. 12' of L. 8C JI(or�G, loo ' o f Lof 8� Heise n NvIr ioo ` a f Lot Fj C Q; a �ss3 6s y7 cru llley oa Kley N /DO 0a r PLATS & SUBDIVISIONS- STREETS & UTILITIES SUBCOMMITTEE MEETING JULY 2, 1969 PAGE 1 The meeting was called to order by Vice Chairman Myhra at 7:35 P.M. ROLL CALL: Members Present: Crowder, Batterson, Myhra, Zeglen Member Absent: Jensen Others Present: Peter Herlofsky, Senior Engineering Aide 1. PROPOSED PRELIMINARY PLAT: P.S. #69-09. MIKE O'BANNON: Lots 11, 12, 13 and South 390 feet of Lot 14, Auditor's Subdivision #22, and S'k of Lot 6, all of Lots 7 through 16, and Lots 24, 25 and 26, Block 1, Irvington Addition. The petitioner, Mike O'Bannon, explained his sketch of the plat which, basically, followed the tentative plan of the Rice Creek Road/Central Avenue Street Study. He said that he showed all the adjacent neighbors, except Rev. Henderson because of lack of interest, the proposed plat. There are three people involved in the platting, Mr. O'Bannon, John Carroll and James Skog. The cul de sac is in the center of the Skog property and ends there because the people to the West were not ready to plat at this time, but the cul de sac is situated so that the road can be extended when these people wish to develop. It was noted water and sewer was on Rice Creek Road, but Mr. O'Bannon plans using Comstock & Davis for putting in the sewer and water in the plat. Mr. O'Bannon said that, before the streets are paved, next spring he would put the sewer in and block up the manholes. There appeared to be no difficulty regarding the description of the land, no prob- lem about zoning because it is all R-1, street dedications are on the survey, and utilities are available. Mr. O'Bannon was asked to consider underground utilities. MOTION by Crowder, seconded by Zeglen, that the Plats & Subdivisions- Streets & Utilities Subcommittee recommend approval to the Planning Commis- sion of the preliminary plat, P.S. #69-09, Mike O'Bannon, of Lots 11, 12 and 13 and South 390 feet of Lot 14, Auditor's Subdivision #22, and Sk of Lot 6, all of Lots 7 through 16, and Lots 24, 25 and 26, Block 1, Irvington Addi- tion, as described on the May, 1969 drawing and presented to this Body. Upon a voice vote, all voting aye, the motion carried unanimously. 2. LOT SPLIT REQUEST: L.S. #69-18, L. GEORGE WELLS: East 12 feet of North 100 feet of Lot 8C, 2nd Revision Auditor's Subdivision #21. Mr. and Mrs. Wells were present. Mr. Wells explained the reason for the petition was that they were going to put Lot 8C on the market, and according to the position of their house on Lot 8A, they would face the backyard of the neighbor. They would have Lot 8B for their backyard and have no plans for using it for a building site. Plats & Subs.-Str. & Utilities Subc. Mtg. - July 2, 1969 Page 2 Mr. Wells was asked to have a legal description prepared for the Plan- ning Commission of both parcels. The certificate of survey should be ready for Council. The Subcommittee studied the whole area noting that the Easterly portion of Lots 8, 8A and 8B, together with the Westerly portion of the abutting lots of Brookview Second Addition, would have no street access if they should be split for buildable lots. However, the size of the lots is not sufficient to split and give necessary road easement and still maintain a standard lot depth of 100 feet. This problem should be called to the attention of the Planning Commission. MOTION by Batterson, seconded by Crowder, that the Plats & Subdivisions- Streets & Utilities Subcommittee recommend approval to the Planning Commission of the Lot Split, L.S. #69-18, L. George Wells of the East 12 feet of the North 100 feet of Lot 8C, 2nd Revision Auditor's Subdivision #21, subject to a legal description of the proposed split. Upon a voice vote, all voting -aye, the motion carried unanimously. 3. PROPOSED PRELIMINARY PLAT:_ P.S. #69-10, GALLAGHER ADDITION WILLIAM H. GALLAGHER: West 5 acres of NWk of SEk, except South 4 acres, Christie Addition. Mr. and Mrs. Gallagher were present. Mr. Gallagher said his house and garage face Mississippi Street. The proposed plat consisted of three lots, two facing Mississippi and the third at the back of the property would face 7th Street. The back lot, although it was low, was buildable without fill in the opinion of Mr. Gallagher inasmuch as they never had water in the basement. It was felt the setbacks were adequate, the square footage of the lots was O.K. There was a pole which would be on a lot line that would have to be removed. As far as easements were concerned, the Subcommittee felt there was no problem at the North end, but the easement situation at the South end should be checked, as there is a 30 foot jog on 7th Street. MOTION by Crowder, seconded by Zeglen, that the Plats & Subdivisions- Streets & Utilities Subcommittee recommend to the Planning Commission approval of the preliminary plat, P.S. #69-10, Gallagher Addition, William H. Gallagher, of the West 5 acres of the NW'k of the SEk, except the South 4 acres, Christie Addition, calling attention to the rather unclear situation of road easements along the 7th Street edge of the property. Upon a voice vote, all voting aye, the motion carried unanimously. 4. LOT SPLIT REQUEST: L.S. #69-19, NORTH AIR HOME ASSOCIATION, J R PLEMEL: South 150 feet of Lot 18, Brookview Addition subject to road easement over South 50 feet. No one was present representing the petition. The Subcommittee felt this would be a logical extension of the property of the Knights of Columbus to be used as a parking lot. Mr. Zeglen mentioned that this was swamp land. The Subcommittee wished more information about the amount of land purchased. Although it was purchased for a parking lot, the Subcommittee felt that by adding more land to the North, a buildable lot would be obtained, and if t1i the fgt4 p, they wished to tear up the r Planning Commission Meeting - July 9, 1969 Page 5 3. CONTINUED REZONING REQUEST: ZOA #69-08A, KAYE WESTERLUND: North 824.7 feet of Wk of NE'k of the NE'k of Section 13, rezone from R-1 to R-3A. Public hearing closed 6/11/69. Mr. Westerlund, Leslie Tidham and Darrel Bacon were present. The Commission felt they would like a full committee to act on this petition and expected the missing member to arrive later on. MOTION by Myhra, seconded by Fitzpatrick, that the rezoning request, ZOA #69-08A, Kaye Westerlund, be tabled until later in the evening. Upon a voice vote, all voting aye, the motion carried unanimously. Continued on page 6 . 4. CONTINUED REZONING REQUEST: ZOA #69-09, SACRED HEART PARISH: Lots 5, 6, Nk of 7, Block 10, Hamilton's Addition to Mechanicsville, to rezone from R-2 to R-3A. Public hearing closed 6/11/69. Mr. Brunis Smoka, Leon Jaworski and P. Aplikowski were present. MOTION by Jensen, seconded by Myhra, that the rezoning request, ZOA #69-09, Sacred Heart Parish, be tabled until later in the evening. Upon a voice vote, all voting aye, the motion carried unanimously. Continued on page ,7 5. CONTINUED REZONING REQUEST: ZOA #69-08, R. W. WORMSBECKER: Action taken to table for two weeks under Order of Agenda. 6. LOT SPLIT REQUEST: L.S. #69-18, L. GEORGE WELLS: The East 12 feet of North 7 100 feet of Lot 8C, Second Revision Auditor's Subdivision #21. Mr. and Mrs. Wells were present. Mr. Myhra said that the Subcommittee discussed the fact that Lot 8A would need an additional access on the East if it should ever be split. Mr. Wells explained they live on Lot 8A which is 100 feet in width and they own the North 100 feet of Lots 8C and 8B. Lot 8C is going to be put on the market, and because their house is situated in such a fashion that they would look directly into the backyard of the new lot, they would like to take 12 feet from the East line to be added to Lot 8B which is now used as yard. Mr. Wells had turned in the legal description prepared by an attorney which is as follows: Parcel #1: North 100 feet of Lot 8C, except the East 12 feet thereof, Auditor's Subdivision #21, City of Fridley, Anoka County, Minnesota. Parcel #2: North 100 feet of Lot 8B, together with the East 12 feet of the North 100 feet of Lot 8C, all in Auditor's Subdivision #21, City of Fridley, Anoka County, Minnesota. It was felt that most of the houses on Brookview are setback pretty far, and the people there are enjoying their backyards, so there is no splitting of the lots in the foreseeable future. Planning Commission Meeting - July 9, 1969 Page 6 MOTION by Jensen, seconded by Myhra, that the Planning Commission recommend approval of the lot split request, L.S. #69-18, L. George Wells, , of the East 12 feet of the North 100 feet of Lot 8C, Second Revision Auditor's Subdivision #21. Upon a voice vote, all voting aye, the motion carried unanimously. 7. PROPOSED PRELIMINARY PLAT: P.S. #69-10, GALLAGHER ADDITION, WILLIAM H. GALLAGHER: West 5 acres of NWS of SEk, except South 4 acres, Christie Addition. Mr. and Mrs. Gallagher were present. The Commission discussed the curve in Seventh Street. The curve is South of the Gallagher property and the extra width was taken off the Riedel property. In checking the width of the boulevard, it was felt there would be enough land for sidewalks if they should ever be required. MOTION by Myhra, seconded by Fitzpatrick, that the Planning Commission set the public hearing date of July 23, 1969 for the proposed preliminary plat, P.S. #69-10, Gallagher Addition by William H. Gallagher, of the West five acres of the NWk of the SEk, except South four acres, Christie Addition. Upon a voice vote, all voting aye, the motion carried unanimously. 8. YMCA PROPOSED SUBURBAN FACILITY ON WEST MOORE LAKE DRIVE: Letter dated June 19, 1969 from League of Women Voters in Fridley opposing proposal. Chairman Erickson said that since the Planning Commission has not been asked to give an opinion, the letter should be received. MOTION by Myhra, seconded by Jensen, that the Planning Commission receive the letter dated June 19, 1969 from the League of Women Voters in Fridley opposing the YMCA proposed Suburban Facility on West Moore Lake Drive. Upon a voice vote, all voting aye, the motion carried unanimously. 3. CONTINUED FROM PAGE 5, REZONING REQUEST: ZOA 469-08A, KAYE WESTERLUND: MOTION by Myhra, seconded by Fitzpatrick, to remove from the table the rezoning request, ZOA #69-08A by Kaye Westerlund. Upon a voice vote, all voting aye, the motion carried unanimously. Mr. Myhra said, in talking about the number of apartments for the past six months or more since he has been on the Planning Commission, it seemed to him that to suddenly decide, because the Planning Commission has become concerned with the problem of the number of requests for apartments, to start talking about stopping action on requests, was not good thinking. If the Commission can foresee a need for apartments in the area by Onan's, such as this one, they should look at it on its own merits. At the Planning Commission meeting of May 22, 1969, the Commission felt a report such as that of the Roseville Administrative Staff would be of benefit to Fridley. This was "A Study to Examine the Tax Advantage or Dis- advantage of the Apartments in Roseville and Their Affect On The Local Schools". The Engineering Assistant said this information could be compiled for Fridley without too much trouble if Council would so direct. RECIUTA COUNCIL MEETING OF JULY 21, 1969 '''.CE 7 of the request with the stipulation that no other sign be allowed on this pylon, or any additional pylon. MOTION by Councilman Liebl to grant approval of the sign permit request for Country Boy Station store by John Baucom with the stipulation that no other signs may be added. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. REPORT CONCERNING REQUEST TO BUILD A GARAGE ON A PUBLIC EASEMENT: (Mr. Edward Wilbert, 110 63� Way) The City Engineer reported that his department recommended denial because if there should ever be a break in the sanitary sewer line, the repairs would have to be made immediaL-ely and would use up the full 20 foot easement. It would be a time consuming job to take down the superstructure of the garage and a break in a sanitary sewer line cannot wait. He felt that this would interfere with the health and safety of the citizens. Councilman Liebl asked if this would go before any of the subcommittees. The City Engineer said no, as it affects only one person and. thej City of Fridley. Councilman Samuelson pointed out that Mr. Wilbert is willing to sign an agreement holding the City harmless if any break should occur. The City Engineer said that this was not the main problem, but rather the speed with which the sanitary sewer line would have to be repaired. If it was a storm sewer, it would be different. IIe felt that as a matter of Council policy, this should be discouraged. Councilman Liebl commented that he was in an unfortunate situation with easements on both sides of his _lot. The storm sewer easement for East River Road runs along the west side of this house. The City Engineer suggested that the garage could be put behind the house, as the lot is quite deep. MOTION by Councilman Liebl to instruct the Administration to advise Mr. Wilbert that his request cannot be approved, and suggest to him that some plan whereby the garage cculd be located behind his house. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. RECEIVING THE MINUTES OF THE LIQUOR STUDY COMMITTEE MEETING OF JULY 8, 1969: MOTION by Councilman Liebl to receive the Minutes of the Liquor Study Com- mittee Meeting of July 8, 1969. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF JULY 9, 1969: 1. LOT SPLIT REQUEST: L.S. #69-18, L. GEORGE WELLS: The east 12' of the north 100' of Lot 8C, Second Revised Auditor's Subdivision #21. The Citv Engineer explainted that Mr. Wells' house is on Lot 8A and he also owns 100' of Lot 8B. He would like to retain 12' of Lot C to go with his house and yard for screening, if the north 100' of Lot C should be sold in the future. If there should ever be a road between Brookview Drive and Oakley Drive, there would be a 25' easemer� pQcessary al9pq the easterly d � y REGAL . _4c _, Y 7_INi- OF JULY' 21 1069 =yGE 8 portion of Loc 8A and 8B. Mr. Wells said that he could not see the relevance of a street dedication with the requested lot split. The City Engineer said that there should be some sort of a street pattern set. These are very big lots and there may be a need in the future for a road either from Brookview Drive or -Iron Mississippi Street, or possibly west from Oakley Drive. Councilman Samuelson asked if he did not receive a separate tax statement on the two parcels. Mr. Wells said that he did up to this year, b,,-.t this year they were together. Mr. Wells explained that his laouse sits so far back on Lot 8A that if Lot 8C should ever be sold, this 12" v:!ould be very important to him as screening. MOTION by Councilman Samuelson to grant the lot split requested by George Wells (L.S. ;'S9-18? . Ssco ded_ by Councilman Sheridan. Upon a voice vote, all voting aye, Mayo:f aecla...ed th- -. -_nor. carried. The City Engineer- said t za.t he Nva-_tet co pc int �.'c LA.at there may be a possibility of a road going through somewhere in this area, and he wanted Mr. Wells to be aT,ra.re of this. >-Y. x- - - G r ZO.'� #69-08A- 'o 2. I`�-�yL �aF�� �Rl�iivD R�70N-�--�-.??ESL_SA« ':_�. 824.7 feet of the west �1 c:E he Nom. of Seci __^_• : n 13 --1_, regio frc". R-1 to R 3A. City ,, The Cit reported that the previous Cou.rci_l action has been to Engineer set the Public ;T -= in- dots for August 11, 1969 for t.-pis request. 3. SF:.CRED .3F.'t'^ �?.�TT-L3. RFS0N�r1G ' QUEST 7o?z f6? -39. Lots 5, 6, A of G Addition to Mec,anics�:..'..le to rezone from o -;_ng gate Los. the rezan.L , y s <Lles c r S�_ ed c s._ �.._�i .il f;, u.gas '_1, 196''. Seconded by Ccu cilman S,—,rue son. Upon avoice vote; all voting aye, Mavor Kirkham declared the motion carried. 4. V_A_CATION REQUEST SAV #69-03, GREAT NORTHERN RAILWAY COMPANY: Alley and streets in Block 6, Berlin Addition MOTION by Councilman Liebl to set the Public Hearing date for the vacation request for Great Northern Railway for August 11, 1969. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. 5. APARTMENT SURVEY IN 14E CITY OF FRIDLEY The City Engineer reported that the Engineering Department has been taking care of supplying the Planning Commission with the material and most of it has already been taken care of. It will take some -time to study the number of school children in relation to apartment dwellers. They are hoping to have their report done about the first of September. MOTION by Councilman Liebl to receive the Minutes of the Planning Commission Meeting of July 9, 1969. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. • 1 f The Minutes of the Board of Appeals Meeting of March 25, 1970 Page 2 A sketch of the proposed work was shown to the Board. Mr. Dibos stated that this is the only direction he can go to expand his home as the home is a two story walk out in the back and there is a steep slope to the land which prevents building without fill being brought in. There would be no possible way of adding on to either side of the house-as the sideyards are at the minimum requirement now. MOTION by Minish to close the two public hearings on 361 Bellaire Way N.E. Seconded by Ahonen. Upon a voice vote, there being no nays, the motion carried unanimously. MOTION by Minish to recommend to the City Council approval of the two requests for the following reasons: 1. The front yard setback request of 20 feet would be farther back than the setback on the structure to the West, 351 Bellaire Way N.E. , so it will not create any traffic hazard as far as visibility is concerned. 2. It is a hardship in the fact that there is no room to the East to add onto the house, and the slope to the North prevents building without a lot of expense. 3. The requested sideyard setback is merely to conform to what is already there. The existing structure will not have to be moved in any way. Seconded by O'Bannon. Upon a voice vote, there being no nays, the motion carried unanimously. 3. A REQUEST FOR VARIANCES OF SECTION 45.053 4C TO REDUCE THE MINIMUM REAR Y RD LOT DEPTH REQUIREMENT FROM 25 FEET TO 20 FEET AND SECTION 45.153 2 0 REDUCE THE AVERAGE OF THE FRONT YARD DEPTHS OF EXISTING BUILDINGS WITHIN DISTANCE OF 100 FEET ON BOTH SIDES FROM 67k FEET TO 35 FEET, WHICH IS THE REQUIRED SETBACK IN THIS AREA, ON THE NORTH 100 FEET OF LOT 8C, AUDI_TOR'S SUBDIVISION NO. Z1 THE SAME BEING 6551 OAKLEY DRIVE N.E., FRIDLEY, MINNESOTA, REQUEST BY MR. ORRIN E. LOVELACE, 6558 OAKLEY DRIVE N.E. . FRIDLEY, MINNESOTA.) Mr. Orrin Lovelace and Mr. George Wells were present to present the requests. Mr. George Wells, 6553 Oakley Drive N.E., is the owner of the property and Mr. Lovelace is the proposed buyer. A drawing of the North 100 feet of Lot 8C and the two adjoining lots, Lot 8A and the South k of Lot 8C, was shown to the Board. This drawing showed the position of the existing homes on Lot 8A and the South k of Lot 8C, and also the proposed dwelling. Mr. Wells explained his home, on the North side of the North k of Lot 8C, is setback approximately 100 feet from the street and the house to the South of the North 100' of Lot 8C is setback only 36 feet. The average setback of the two would be 67� feet. The Minutes of the Board of Appeals Meson& of March 25, 1970 Page 3 Mr. Wells was asked about the lot split he was granted on the North 100' of Lot 8C. Mr. Wells explained that he had asked for 12 feet to be split from the North 100' of Lot 8C, to act as a buffer or fencing area between his property and the property in question, in the event someone would build:on it. This lot split was granted last fall. He explained further that the North 100 feet of Lot 8B is now landlocked and unbuildable and he plans to leave it that way for a playground. In the event the land was sold, the road would be constructed on the East side of the landlocked property and it would not effect the North 100 feet of Lot 8C. MOTION by O'Bannon to close the public hearing. Seconded by Minish. Upon a voice vote, there being no nays, the motion carried unanimously. I MOTION by O'Bannon to recommend to the City Council approval of the request for the following reasons: 1. The land has already been split, by previous Council action, and it is impossible to build a dwelling on the land by taking the mean setback, and still come close to the rear yard requirement. 2. The requested setback is equal to the setback of the house on the South. Seconded by Harris. Upon a voice vote, there bein g no nays, the motion carried unanimously. 4. A REQUEST FOR A VARIANCE OF SECTION 45.052, 1, FRIDLEY CITY CODE, TO INCREASE THE MAXIMUM HEIGHT OF A RADIO ANTENNA FROM 20 FEET ABOVE DWELLING ROOF TO 50 FEET ABOVE DWELLING ROOF TO PERMIT THE ERECTION OF AN AMATEUR HAM RADIO ANTENNA ON LOTS 8 & 9, BLOCK 5, SPRING BROOK PARK ADDITION, THE SAME BEING 159 LONGFELLOW STREET N.E., FRIDLEY, MINNESOTA. (REQUEST BY WILLIAM H. HAM, 159 LONGFELLOW STREET N.E., FRIDLEY, MINNESOTA.) Mr. William Ham was present to present the request. Mr. Ham presented a petition to the Board, signed by five surrounding property owners, which states they have no objection to the antenna. MOTION by Harris to receive the petition. Seconded by Minish. Upon a voice vote, there being no nays, the motion carried unanimously. Mr. Ham brought with him rough sketches of the general concept of the antenna and certificates showing his membership in civilian and military organizations connected with amateur radio operators. He explained to the Board the materials that will be used to anchor the tower and also what the antenna is made of. He said the antenna will be 50 feet high and will weigh less than 50 pounds. Mr. Don McCarty, 144 Longfellow, was present but had no objections to the antenna.