LS69-16 Form #5-68 LOT SPLIT APPLICATION
CITY OF FRIDLEY
FOR CITY USE.ONLY �
APPLICANT: Patrick G. Fleischman Applicant's Name
ADDRESS: Lot Split (�-
5995 Belijamin Street N.E., Fridley 55421
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Street City Zip Code Date Filed; S-ve `6i TELEPHONE # 7gg 7662 F'ee:$ }26 .Receipt 2y
p Home Business Council Action:Dom!`
REKA,RKS: -.....
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PROPERTY OWNER(S)Patrick G. Fleischman
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4*H ADDRESS(ES) 5995 Benjamin Street N.E., Fridley, Minnesota 55421
a) p, o Street City Zip Code
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0 °' Street City Zip Code
° ' m r° TELEPHONE #(S)-788 7662
v Id a Home Business
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m .°M 5995 Benjamin Street N.E., Fridley
M :0 Property Location on Street
or Exact Street Address (IF ANY) 5995 Benjami treet N.E.A .-Fridley, Minn.
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x~1 Legal Description of Property:
Lot 1, Block 1, Worrel's Addition
Reason for Lot Split:
APPLICANT has no use for that portion of his property lying South of the Easterly
extension of the North J i ne -,P Q43-+ l,—Wo-pral IQ fltitjj+.j nn o;=l i� wire
to convey said property to Mr. William Kahle, the owner of 5993 Benjamin Street
Fridley-
Total Area of Property 375 sq. ft. Present Zoning Claesi.ficat�o- Resident.l
Involved in Split
The undersigned hereby declares that all the facts and
representations stated in this application are true and
correct.
DATE: May 15 1969 sIGNATT
BELOW FOR CITY USE ONLY (Ser reverse side for additional i=tra0t1e*
FLATS do 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 part-.H rest '. w.*h ali. Pzietir4� striictures 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 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 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.
Form #5-68 LOT SPLIT APPLICATION
CITY OF FRIDLEY
FOR CITY USE ONLY
z Applicant's Name
APPLICANT: Wil a
im T, KahlP
lLot Split -1(o
ADDRESS. 5993 Benjamin Street N E., Fridley 55421
FJ
Street City Zip Code Date Filed; 6 TELEPHONE # ;�K� rI J Feer/ a� Receipt 2LgaNi q
Home Business Council Aetion:D@-U
PROPERTY OWNER(S) RE�'IARKS.
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N, °D ADDRESS(ES) 5 995 Benjamin n St.rebt N_F_ , Fr_ jdj Py,� mesota55421,
Street` --- --- City iZip Code
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0 Street City Zip Code
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0 � TELEPHONE #(5)-- 788 7662
o m a Home Business
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Property Location on Street
or Exact Street Address (IF ANY) 5995 Benjamin Street N.E.,,_Fridley, Minn.
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~ Legal Description of Property:
x
Lot 1, Block 1, Worrel's Addition
Reason for Lot Split:
That the applicant desires to purchase the portion of the premises 1pga�ly
dPscri bP_d a4 th t pa-rpa-rt of T gt l Block 1, Worrel's Addition lying South
of the Easterly extension of the North line of Outlot 1, Worrel's Addition
Total Area of Property3�sq. ft. Present ZoningClaps f cat .p�
The undersigned hereby declares that all the facts and
representations stated in this application are true and
correct.
DATE; May 15, 1969 SIGNATURE
BELOW FOR CITY USES Y (Se* reverse side for 'tiona1 isstr�►o+lle�Ir
PLATS & SUBS: Date of Consideration -
Remarks;
T
PLANNING COMMISSION: Date of Consideration -
Retr ks:
CITY COUNCIL: Date of Consideration
Remarkes
3
LOT SPLIT APPLICATION PROCEDURE
L
3 �
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-le ,seat—? w.4h al axisting 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.
C. 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 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.
L.S. #69-16
L. 1, B1. 1, Worrel's Add.
Patrick G. Fleischman - owner
Wm. J. Kahle - applicant
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LEGAL DE SCRIPTICN
OUTLOT I, WORREL'S ADDITION AND THE NORTH 83 FEET OF THE WEST fG5
FEET OF LOT 14, AUDITOR'S SUBDIVISION -,YNO. 92, ALL IN ANOVA- OUNI110NNEOT,
AND SUBJECT TO AN EASEMENT FOR STREET PURPOSES OVA *f1E *t$TEftY
30 FEET OF THAT PART OF SAID LOT 14 ABOVE DESCRIBED.
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L.S. #69-16
L. 1, El. 1, Worrel's Add.
Patrick G. Fleischman - owner
Wm. J. Kahle - applicant
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SEC. 24
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L.S: 469-16
Part of L.1 Bl. 1,,- Worrel's Addn.
Patrick G. Fleischian - Owner
Wm. J. Kahle - Applicant
•
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LAW OFFICES
PETER BARNA BARNA & GUZY
ROBERT GUZY Phone: 788-1644
ROBERT C. HYNES 3700 CENTRAL AVE. N.E.
G. D. GIANCOLA MINNEAPOLIS, MINNESOTA 55421
GORDON L. JENSEN
L.S. #69-16
L. 1, Bl. 1, Worrel's Add.
May 15, 1969 Patrick G. Fleischman - owner
City of Fridley Wm. J. Kahle - applicant
6431 University Avenue N.E.
Minneapolis, Minnesota 55421
Re: Lot Split Application for 5995 Benjamin Street N.E.
Dear Sir:
The undersigned has been retained by Mr. William Kahle, the owner of 5993 Benjamin
Street N.E., as respects acquiring a portion of the premises commonly known as 5995
Benjamin Street N.E., and legally described as Lot 1, Block 1, Worrel's Addition.
Due to the small amount of land involved in this matter as shown on the attached
sketch, I have advised Mr. Kahle that he should proceed personally with the lot split
without my attendance. ,
Mr. Kahle in;Porms me that he will be present at any meetings necessary on this matter.
I have been further advised that he intends to acquire this property in order to enlarge
his backyard and possibly to plant a garden in this area.
Also, due to the amount rnvolved in this matter, I respectfully request that the require-
ment of a Certificate of Survey be waived and that subject to Council approval, the new
legal descriptions for the respective properties would be as follows:
1. 5995 Benjamin Street N.E. - Lot 1, Block 1, Worrel's Addition except
that - lrt lying South of the North line
of `,. .�.ot 1, Worrel's Addition extended
Easterly.
2. 5993 Benjamin Street N.E. - Outlot 1, Worrel's Addition and all of that
part of Lot 1, Block 1, Worrel's Addition
lying South of the North line of Outlot 1,
Worrel's Addition extended Easterly, and
the North 53 feet of the West 165 feet of
Lot 14, Auditor's Subdivision No. 92, all
in Anoka County, Minnesota, and subject to
an easement for street purposes over the westerly
30 feet of that part of said Lot 14 above des-
cribed.
If you have any questions or require any further information or documentation, please
advise me and we will furnish the same.
'Thank you.
Sincerely,
BARNA & GUZY
Gordon L.Jensen("
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June 5 , 1969
Mr. I illian J. Kahle
5993 Benjamin St .
Fridley, Minn. 55421
Rei : L . S . #69-16
Dear Nir .. Kahle :
The Fridley City Council , at their regular
meeting; held on June 2 , 1969, did approve your
D lot split request and also waived the requirement
of a certificate of survey.
You t;iay now file the deeds and the City ,
upon receiving the split from the County, will
split the assessments .
Yours very truly,
BARK-,. C L. RK
Engineering Assistant
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Plats & Subs . -Streets & Utilities minutes May 15 , 1969 Page 3
4. LOT SPLIT REQUEST: L . S . #69-16 , WM. J . KAHLE : Part of Lot 1 ,
Block Worrel s A ition.
Mr . Kahle was present .
The request is for a 151x25 ' piece of ground to be used only for
a garden which abuts the East line of Outlot 1 owned by Mr . Kahle .
As there would be no problem of easements for road or utilities ,
the descriptions as written in the letter from the office of Barna &
Guzy were studied. The Subcommittee agreed that a certificate of
survey be waived as surveying costs would be higher than the cost
of the land, and no buildings were involved .
MOTION by Crowder, seconded by Zeglen, that the Plats &
Subdivisions-Streets $ Utilities Subcommittee recommend to the
Planning Commission approval of the Lot Split request #69-16
according to the drawing for such split as shown on the map and with
the enclosure of that request , the legal description of the split
as in a letter dated May 15 , 1969 from the law offices of Barna $
Guzy, and also that the request for waiver of the certificate of
survey be approved. Upon a voice vote , all voting aye , the motion
carried unanimously.
S. CONTINUED REZONING REQUEST: ZOA #69-02 GEORGE M. NELSON:
N 172 of Lots 30 and 31 , Aud . Su 129 except North 12 feet .
Mr , George M. Nelson and Dennis Herbst (Lot 28) were present .
The Engineering Assistant , referringto the Planning Commission
meeting of May 8th, said that it was apparent that the owners of
Lots 22 , 24 , 26 , and 28 were nDt interested in having the back
portion of their lots rezoned now, nor having a street , and as the
hearing went on, they began to realize if a street went through, the
assessments would be quite high and R-1 values would not make the
land worth the assessments . If the lots were developed R- 3 in the
back half , then they would be put in a bind without the street .
Nothing was resolved. If Arthur Street continued North, then more
apartment traffic would go up to Onondaga. The problem is , if
Mr . Nelson' s request is granted, where is the street pattern
terminated . The Commission wondered if the proposed street from the
middle of the lots to the cul de sac, could be closed and the street
continue between Lots 28 and 30 and the owners to the south would use
73rd Avenue .
There is also the problem of frontage lots . Lot 24 , having a double
frontage , would take twice the rate of assessments as Lot 25 which is
to the south and would be served by 73rd Avenue .
Mr , Crowder asked if the Planning Commission is looking to the Sub-
committee for what they would recommend as a street pattern if Mr .
Nelsons request is granted? Do we generally layout a street pattern
anticipating a rezoning request and then get a street pattern? The
Planning Commission Meeting May 22, 1969 Page 6
5. LOT SPLIT RNMT: L.S. #69-16, WILLIAM J. KAHLE: Part of Lot 1 , Block 1 ,
Worrel's Addition.
Mr. Kahle was present.
Darrel Clark said that the Subcommittee approved the lot split request,
and asked the Planning Commission and Council to waive the requirements of the
certificate of survey because no buildings were involved in the request.
MOTION by Mittelstadt, seconded by Jensen, that the Planning Commission
approve. the lot split request L.S. #69-16, by William J. Kahle, of part of
Lot 1 , Block 1 , Worrel's Addition, and concur with the recommendation of the
Plats & Subdivisions-Streets & Utilities Subcommittee that such split be in
accordance with the drawing for such split as shown on the map enclosed with
the application for the lot split, the legal description of the split as in
a letter dated May 15, 1969 from the law offices of Barna & Guzy, and also
that the request for waiver of certificate of survey be approved. Upon a voice
vote, all voting aye, the motion carried unanimously.
6. LOT SPLIT REQUEST: L.S. #69-17, JOSEPH L. SCHROEDL: Lot 4, Block 2, Moore
Lake Highlands Addition.
Mr. and Mrs. Joseph Schroedl were present.
The Chairman explained that because this was a simple lot split, it was
not necessary to go to the Subcommittee.
The Engineering Assistant said that the size of this lot was 150 feet,
prior to water and sewer being installed, with the idea of being split later
on. It was a very common procedure in this area.
Mr. Schroedl said the house South of him is even with his house. The
garage is back approximately three feet. If he brought his garage back, they
would line up. There is plenty of room for the garage after the split. The
Engineering Assistant told Mr. Schroedl frost footings would be required
for the garage.
The Commission said the description is simple as the lots would be
described as the NJ of Lot 4 and the SJ of Lot 4, Block 2, Moore Lake Highlands
Addition.
MOTION by Mittelstadt, seconded by Jensen, that the Planning Commission
accept the lot split petition, L.S. #69-17, Joseph L. Schroedl, of Lot 4,
Block 2, Mbore Lake Highlands A _�.ltion contingent upon the existing garage
being moved before a building permit is issued. Upon a voice vote, all voting
aye, the motion carried unanimously.
7. REZONING RWUEST: ZOA #69-09, SACRED HEART PARISH: Lots 5 and 6, and N}
of Lot 7, Block 10, Hamilton's Addition to Mechaniceville. Rezone from
R-2 to R-3A.
IWION by Myhra, seconded by Mittelstadt, that the Planning Commission
reaffira the public hearing date of June 11 , 1969 for the rezoning request,
ZOA #69-09, Sacred Heart Parish of Lots 5, 6 and NJ of Lot 7, Block 10,
$amilton's Addition to Mechanicsville to revone from R-2 to R-3A. Upon a woe
vote, there being no nays, the Tc-tion Aarria4 un mtMou4jy,
REGULAR COUNCIL AEETING OF JUNE 2, 1969 PAGE 9
that he wanted to make sure the petitioner understands this procedure when
there are future requests for building permits.
Councilman Sheridan said that he did not concur with the Planning Commission,
but would concur with the drawing on Page 99 of the Council Agenda showing
the proposed split as requested by Stanley Dahlberg with the understanding
that there would be a stipulation that these lots, when a building permit is
grAnted for them, that the building permit include a minimum of a single
attached garage.
The City Engineer pointed out that there should be an easement along the east-
west split for utility poles and drainage. Mr. Dahlberg asked that the
certificate of survey be waived also until the time that a building permit is
applied for.
MOTION by Councilman Sheridan to approve the Lot Split requested by Stanley
Dahlberg (L.S. #69-14) for Lot 11, Block 2, Spring Valley Addition subject
to dedication of a 25' strip along the south boundary for future road, ease-
ment along the east-west split for utilities and drainage, that building permits
upon the lots must include a minimum of a single attached garage, and waive
jthe certificate of survey until such time as the land develops. Seconded by
Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared
the motion carried.
2. REZONING REQUEST: ZOA #69-02, GEORGE M. NELSON: NJS of Lots 30 and 31,
r
! Auditor's Subdivision #129, except the North 125 feet. R-1 to R-3A.
MOTION by Councilman Harris to set the Public Hearing for the rezoning request
by George Nelson for Nh of Lots 30 & 31, Auditor's Subdivision #129, except
the North 125' , to rezone from R-1 to R-3A for July 14, 1969. Seconded by
Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared
the motion carried..
3. LOT SPLIT REQUEST: L.S. #69-16, WILLIAM J. KAHLE: Part of Lot 1, Block
i
1, Worrel's Addition
The City Engineer explained that this is a very small lot split and showed
j on a map where the split would be. It would be taking a corner of a lot and
adding it to the lot to the south and west.
MOTION by Councilman Sheridan to grant the Lot Split request by William
Kahle for part of Lot 1, Block 1, Worrel's Addition and waive the certificate
of survey as there are no buildings involved. Seconded by Councilman Liebl.
Upon a voice vote, all voting aye, Mayor Kirkham declared the Motion carried.
4. LOT SPLIT REQUEST: L.S. #69-17, JOSEPH L. SCHROEDL: Lot 4, Block 2,
Moore Lake Highlands Addition
The City Engineer said that this lot split would split 150' into two 75'
lots. They would conform to the standard land requirements of the City. He
suggested granting the split subject to getting a certificate of survey.
MOTION by Councilman Harris to grant the lot split request by Joseph L.Schroedl
for Lot 4, Block 2, Moore Lake Highlands subject to getting a certificate of
survey. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayon'
Kirkham declared the motion carried.