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LS69-14 Form #5=68 LOT SPLIT APPLICATION CITY OF FRIDLEY FOR CITY USE ONLY Applicant's Name APPL I CANT• Lot Split # 9 ADDRESS: F�% tCity Zip Code Date Filed; S )TELEPHONE #4- H , ' - `� Feer -/ oReceipt �,_�home Business Council Aetion:D�L. � PROPERTY OWNEEt(S) o __/. °° ADDRESS(ES) �' `7 ,�,I f Street City Zip Code 10 m o ,r4 44 o M q Street _ City Zip Code ° '-4 CO 0H TELEPHONE #(S) % z m � Home Business w O +_ Property Location on Street or Exact Street Address (IF ANY) w U Legal Description of Property: L Z-Le,--y Avg Reason for Lot Split: New Total Area of Froperty ZL&. sq. ft. Present Zoning Claus fjQation The undersigned hereby declares that all the facts and representations stated in this application are true and correct. r X", DATE: SIGNATURE •_i`f'/ BELOW FOR CITY USE ONLY (Seo reverse side for additional instrg 't miel PLATS do SUBS: Date of Consideration - Remarks: PLANNING COMMISSION: Date of Consideration - Remarks: CITY COUNCIL: Date of Consideration Re:aarks: 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 Vommittee 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«-.e seat- ! w.4h al: Paisting 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 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 TARE; 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. I Made this................. .....................day of.......... ......... .. ..... ............ .............. between......$TA.N.L.E.Y.....C..........D.A.I.J.L.B.E.R.G......(h.u.s.b.a.n ...LUCILLE A. B wi e ..................................... ................................................. of the County of..................Anoka.................................................and State of.................Minne.so.t.a........................................... part...i.e.S of the first part, and............................CITY....OE...IRIDLEY............................................................................................... m .......I......&......... ......................................................................................................................................I..............................................I............I......................... WI_6F c 7;P& n, unde� the laws of the State of............Minnesota..................................... party of the second part, Witneaelb, That the said parti.e.s. of the first part, in consideration of the sum of One.... qR4 other values to.........PA;r.�i e s .............................................................................................. ............DOLL.4RS, I . .....................................in hand paid by the. said party of the second part, the receipt whereof is hereby.acknowledged, do........... hereby Grant, Bardain, Quitclaim, and Conve- .Made th!8_....................67-1.1.............day of.............-5.. ... ....................... 19... between.............61ANLEY.....G �ILBIRG.....(hushdnd.).....and....LUCILLE...A.......DAHLBERG......(wif e.)....... Of the County of........................An.oka..........................................and State of................Kinnes.o.ta............................................ part.i.e.5 Of the first part, and........................CITY...OF...-FRIDLEY.................................................................................................... mu.......................1b.a ...... ........ ........ ....... a corpart"on, under the laws of the State of...........Minne.sota......................................, party of the second part, Wiffim;c1b, That the, said part...iesof the first part, in consideration of the 8UM Of Qn.e.....and...Nto./10.0..... .....and....o.the.r....value.s.,... to........partie.s............................in hand paid by the said party' of the second part, the receipt whereof Is hereby acknowledged, do............ hereby Grant, Bargain, Quitclaim, and Conve-,- unto the said 'party of the second part, its successors and assigns, Forever, all the tract...... or parcel...... of land lying and being in the County of................Anoka.................................................and State of Minnesota, described as follows, to-wit: A 25 foot street and utility easement described as follows : The South 25 feet of Lot 11 , Block 2 , Spring Valley Addition all lying in Section 13 T-30 R-24 , City of Fridley, County of Anoka, State of Minnesota. No State Deed Tax Required Ira 3babe anb to �olb the f5)aiiic, To('Wher with all the hereditaments and appurtenances there- unto belonging or in anywise appertaining, to the said party of the second part, its successors and assigns. Forever. 3jn Tc35tjm;jjip WI)crcof, The said partie.s.. Of the first part have._.... hereunto set. . the. ............. hand S the day and year first above Mritteit. IT& Pr C of ...... ...................................... ......... ............ .. D . ........... Ott �d ...................... .... .......... - ........ ............................................................................................................... ............. .................. ...... ... ......................................................................................................... 4 ' L.S. #69-14 - L. 11, B1. 2, Spring Valley Addition Scantey r� s, M } c N 1134- i 5 ---------_---- G .4KAG� z Z 1 i INI zo Gz. a i �� ��'�G .Sl �-�- / � �fJ O"'� �C`_�y��� ,'����' ._ ...�-�E' j�, ��� •�...,- vat G t:/�� i 4 l v ELATE L.S. #69-14: L. 11, Bl. 2, Spring Valley Add. £C./,3 Stanley Dahlberg All loi5o 2aff7 /ly /,Zf /Zf /1! /1S — I` sI /3 137 41 X4.1 i��� /AI&4 HSS M /7 9 7 5 3 Agow (� d 2 h p z 3 r16O � s�i J3S15 2S /'�° '�'�3 i��' 14 rel�q /f y f0. 25 0o I <Zf a 64TH AVE. N 9,/ 5' /op So j 7f 4q 1, 8� a0 , x � �o s- ��G� A i 13 a � O) i3 9 713 •°� /7 {� 0 a� .°� 14 pp �J 7 U IIIA o sS r 9 -RICE 2,4 CR EEOC—_.--ROAD-- Z x0 TON D. ` J�qD )1400 '' 3� ��{3o I 649 'r•. " 1���3 X299�� h l��4 �� (/�� '2 1� I (.'z/60� / «T o .4adersoi� h 15 F 2.51 r 14 13 z o � _- _ c / 340. cs 1Q l O' � ✓a,�csGv.� a !� ala; 20 + PLATS $ SUBDIVISIONS STREETS & UTILITIES SUBCOMMITTEE MEETING MAY 15 , 1969 PAGE 1 The meeting was called to order by Vice Chairman Thomas Myhra at 7 : 30 P .M. ROLL CALL: MEMBERS PRESENT : Crowder , Batterson, Myhra, Zeglen MEMBERS ABSENT : Jensen OTHERS PRESENT: Engineering Assistant Clark 1 . CONTINUED VACATION REQUEST: SAV #69-03, GREAT NORTHERN RAILWAY CO. : Alley and Streets in Block 6, Berlin Addition. The Engineering Assistant reported that as far as the railroad is concerned, we can await their decision. This request can be passed to the Planning Commission requesting an easement for a power line and utilities . MOTION by Crowder, seconded by Batterson, that the Plats $ Subdivisions-Streets & Utilities Subcommittee recommend to the Planning Commission approval of the vacation request , SAV #69-03 , Great Northern Railway Company of the alley and two streets in Block 6, Berlin Addition contingent on the proper utility easements to the City, Northern States Power Company and Standard Oil Company as they exist now. Upon a voice vote , all voting aye , the motion carried unanimously. 2 . LOT SPLIT RE UEST: L. S. #69- 14 STANLEY C . DAHLBERG : Lot 11 Block—�ing alley Addition Mrs . Stanley Dahlberg and Curtis Dahlberg were present . Curtis Dahlberg explained there were two different ways shown on a map , and they request either one . The plan showed the South portion of Lot 11 divided and allowing 25 feet for a road easement . Because this area had not begun to develop , there being about five vacant lots left on 64th Avenue it is hard toredi p ct where the road at the center of Block 2 , Spring Valley Addition, would go . As future requests would come in for lot splits the people would then be asked to dedicate for the road. By permitting narrow lots , the City ordinance would be violated. It was pointed out that the price range in this area does not warrent 125 foot lots for homes . It was felt that by splitting the lot according to line "A" (splitting the lot into two parcels) , there would be no violations , and later on, when the area would be developed, the petitioner could consider another split if feasible . At the present time , a building permit could not be issued. Plats & Subs . -Streets & Utilities minutes May 15, 1969 Page 2 The matter of a certificate of survey came up , and the Engineering Assistant explained that , in this case , where there is plenty of land between the garage and the line of "A" , and no building permit can be issued until a road goes through, it may not be necessary for a certificate of survey inasmuch as , when a building permit is requested, a certificate of survey would be required . Because of this , the petitioner could ask Council to waive the requirement . As far as the legal description of the proposed lot split was concer- ned, it was felt this would not be complicated. MOTION by Batterson, seconded by Crowder , that the Plats & Subdivisions-Streets & Utilities Subcommittee recommend to the Planning Commission approval of Lot Split #69-14 , Stanley C . Dahlberg , of Lot 11 , Block 2 , Spring Valley Addition as shown on the diagram presented with the request , subject to a 25 foot road easement across the South portion of the lot , and that the petitioner bring the suggested legal description to the Planning Commission. Upon a voice vote, all voting aye, the motion carried unanimously. 3. LOT SPLIT REQUEST: L . S. #69-15 , ARTHUR DEYS: Lots 3 thru 5 , B oI ck 7 , Hyde Parc A-d ition. Mr. Arthur Deys was present . The lot split involved Lots 3,4 , and 5 . Lot 4 would be split in half . Mr. Deys explained that , if the lot split went through, the existing garage would be on Lot 3 and have to be moved. He planned to build on Lot 3 , and the existing house , in which he now lives , would probably be torn down within a few years . Now it is out of line with the houses in the rest of the block. The side yard is close . Vice Chairman Myhra suggested, that as a formality, the Chairman of the Board of Trustees should submit a statement concurring with the lot split request . The question was brought up , regarding the existing house , that if the house were torn down could the foundation be built on? The answer was that it could if it met the building code requirements . Also, no permit could be issued on the new parcel until the garage was moved. MOTION by Crowder , seconded by Batterson, that the Plats $ Subdivisions--Streets $ Utilities Subcommittee recommend to the Planning Commission approval of L. S. #69-15 with the following contingencies : 1) Filing necessary paper work of obtaining a 5 foot work and repair easement for the existing house which will remain in force as long as the present house location requires an easement . 2) Removal of the garage , 201x12 ' , as shown on the sketch, before that lot can be further developed. 3) That the Director of the Board of Fridley Church of Christ submit his approval of this lot split request . Upon a voice vote , all voting aye , the motion carried unanimously. Mr . Myhra suggested that Mr. Deys have the description of the proposed lot split available for the Planning Commission meeting . Planning Commission Meeting May 22, _969 Page 4 The audience was informed this would be back on the agenda on June 11 , 1969. 2. LOT SPLIT. REQUEST: L.S. #69-142 STANLEY C. DAHLBERG: Lot 11 , Block 2, Spring Valley Addition. Mrs. Stanley Dahlberg and Curtis Dahlberg were present. Mr. Myhra said the action of the Subcommittee, was to approve the lot split as shown on the diagram, which split the South 131 .78 feet into two 62.5 lots, and dedicating 25 feet for a street and utility easement. Curtis Dahlberg speaking for his father, said part of the area had lot splits on this order, and they wished to split for two building sites. Mr. Myhra stated the Subcommittee felt that as long as this pattern had already been established in the area, and all the houses are on the front of the lots, which are large lots, they could see that something would have to be done as there was no road down the middle of the block. Curtis Dahlberg said these lots would have to be split at some time. He felt if they were split now, the rest of the people may start splitting theirs. In other undeveloped areas, the City has a proposed street pattern to be followed at a later date. As long as the logical street pattern is at the South edge of the lots, and they dedicate 25 feet, why couldn't that be applicable now? MOTION by Mittelstadt, seconded by Fitzpatrick, that the Planning Commission recommend to the City Council that the Lot Split Request, L.S. #69•-14, of Lot 11, Block 2, Spring Valley Addition by Stanley Dahlberg be grauted,wsplitting the North 144 feet of Lot 11 , Block 2, Spring Valley Addition. Upon a voice vote, all voting aye, the notion carried unanimously. 3. CONTIM REZONING VEST: ZOA -02GEORGE M : NJ of Lots 30 = and 31 , Auditor's Subdivision 129, except the North 125 feet. Mr. George Nelson, .Mr. Howard Moore and Mr. Dennis Herbst were present. Darrel Clark reviewed the previous meetings with the Subcommittee. The 4 , owners of Lots 28, 22 and 24, really do not want their property zoned, nor a. road, unless they had a buyer. A road for access out North or South would satisfy them, but not at this time. The street under discussion was the West 25 feet of Lot 30 from Onondaga Street South to a point 25 feet South of the South line of Lot 28. The people were informed that if sewer and water were not assessed against R-3 property the value of a lot could not pay for the assessments. The same cost, ,.- assessed against R-1 property, would not be covered by R-1 value. Mr. Moore said that Mr. Nelson would be agreeable to the plan for the West 25 feet to the South line of Lot 28. They would request that the area involved in the easement be credited to them and returned eventually. They would liketo see some type of agreement worked out where by if the South 110 feet of Lots 24, 26 and 26 were combined into a common ownership that the street could be vacated. REGULAR COUNCIL MEETING OF JUNE 2, 1969 PAGE 8 FIRST READING OF AN ORDINANCE UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE: (Portion of Marshall Street) Councilman Harris said that this item is brought back upon' his request. MOTION by Councilman Harris to approve the Ordinance on first reading, waive the reading and hold up the second reading and publication until N.S.S.S.D. and Harris Erection have solved their access difficulties. Seconded by Councilman Liebl. Upon a roll call vote, Sheridan, Kirkham, Liebl, and Harris voting aye, Mayor Kirkham declared the motion carried. The City Attorney reported that the City of Minneapolis has renewed their opposition to this vacation. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF MAY 22, 1969: 1. LOT SPLIT REQUEST: L.S. #69-14, STANLEY DAHLBERG: Lot 11, Block 2, Spring Valley Addition The City Engineer explained that the Planning Commission had only approved the east-west split and not the north-south split. The lot is 125' wide. If the north-south split is to be approved also, the building sites would be 62.5' X 131.78' . The applicants have agreed to give a 25' road easement along the south boundary for a future road. Mrs. Stanley Dahlberg and her son, Curtis Dahlberg are present at the Council Meeting to request that the north- south split also be granted. Mr. Curtis Dahlberg said that he was present to represent his father, who works nights. The Planning Commission had denied the north-south split leaving a lot 125' X 156.78' and the Dahlbergs felt that this was a very large lot for an R-1 district, and that other lot splits have been granted in other areas similar to their request. Councilman Sheridan asked if there were not lots split in this manner to the east of their lot. Curtis Dahlberg replied Lots 3 and 5 have been split like this. The City Engineer agreed and said that the south end of Lot 5 had been split into 62.5' lots. Mayor Kirkham agreed with the petitioner that a 125' X 156.78' lot would be a very large lot for this area. Councilman Sheridan asked if they would not be coming up with a land-locked parcel. Mr. Dahlberg said that this is the reason for the dedication of the 25' at the south end of the property. This will provide for a road when it becomes necessary. It will be the beginning of a developed road pattern. The City Engineer said that all the lots in this area are deep enough to be split in this manner. Councilman Harris asked about the discussion the Council has had regarding requiring attached garages. Councilman Sheridan said that under the proposed zoning ordinance, one of the requirements in the City will be building permits for houses must also include a garage with a paved drive- way. On a 125' lot there would be required an attached garage and the splitting will not eliminate this feature. Councilman Harris commented that to develop a home site on this type of lot would require that the house be situated the long way on the lot. Mr. Paulson commented that on this type of lot it would be a simple matter to build split level homes. Councilman Harris said REGULAR COUNCIL MEETING OF JUNE 2, 1969 PAGE 7 The City Engineer said that the reason this temporary easement was requested was so that the City would not have to trespass on private property for maintenance of the ditch. The major cost of the storm sewer will be borne by Spring Lake Park and the Highway Department. The City cleans the ditch if it gets clogged up. Councilman Sheridan pointed out that the City does not have an easement now to go onto the land to clean the ditch. Councilman Samuelson pointed out that most of the flooding occurs at the westerly end of the ditch. Mayor Kirkham agreed that the temporary easement is not important and that the permanent easements are already provided on the plat. It was agreed by the Council that the temporary ditch easement would not be necessary and that part of the Motion is to be deleted. THE MOTION by Councilman Harris to approve the plat East Ranch Estates Second Addition requested by Robert A. Schroer was seconded by Councilman Shgridan. Upon a voice vote, Liebl, Harris, Sheridan and Kirkham voting aye, Samuelson abstaining, Mayor Kirkham declared the motion carried. RECESS: Mayor Kirkham declared a 15 minute recess at 8:55 P.M. (COUNCILMAN SAMUELSON LEFT THE COUNCIL MEETING) FIRST READING OF AN ORDINANCE UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE UTILITY EASEMENTS: (Lots 7 & 8, Block 1, City View, Mrs. Drucilla A. Sando) The City Attorney said that the letter in the Agenda on Page 97 is in reference to this requested vacation. The City Engineer said that this is between 2nd Street and Main Street and that the street has already been vacated, and now the owner is requesting that the utility easement be vacated. The City Attorney said that in this case there is no need for the easement and although it has been Council policy to retain the utility easements in the past, it would not be necessary in this case as all the utilities are already in. There is a court case coming up soon, and rather than get an adverse ruling, he would advise that this vacation be granted. He said that she and her neighbor have worked out an agreement for a driveway whereby one would give an easement to the other. The City Engineer agreed that his department has indicated that there is no need for the utility easement. MOTION by Councilman Sheridan to approve the Ordinance on first reading and waive the reading. Seconded by Councilman Harrds. Upon a roll call vote, Harris, Sheridan, Kirkham and Liebl voting aye, Mayor Kirkham declared the motion carried. FIRST READING OF AN ORDINANCE AMENDING CHAPTER 32 OF THE CITY CODE PERTAINING TO FIRE PREVENTION AND PROVIDING FOR THE ESTABLISHMENT OF FIRE LANES IN CERTAIN AREAS OF THE CITY: MOTION by Councilman Harris to approve the Ordinance on first reading and waive the reading. Seconded by Councilman Sheridan. Upon a roll call vote, Kirkham, Liebl, Harris, and Sheridan voting aye, Mayor Kirkham declared the motion carried. • REGULAR COUNCIL MEETING 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 biAilding 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 the 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: A of Lots 30 and 31, Auditor's Subdivision #129, except the North 125 feet. R-1 to R-3A. MOTION by Councilman Harris to set th9 •Su*lic Hearing for the rezoning request by George Nelson for N12 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 1, Worrel's Addition The City Engineer explained that this is a very small lot split and showed 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, Mayor Kirkham declared the motion carried. REGULAR COUNCIL MEETING OF JUNE 2, 1969 PAGE 10 5. HYDE PARK REZONING STUDY: The City Engineer explained that the Planning Commission disapproved of the Plan Circle Flow and recommended Plan Alternative Scheme A-1 prepared by Nason,Wehman, Knight and Chapman, Inc. Mayor Kirkham said that the Council is still waiting to hear from the Highway Department concerning the slip- off ramp. He then read the Planning Commission Minutes to the members of the audience. Councilman Liebl questioned what the Chairman meant by his comment on moving the access further south. Did he mean no access off University Avenue? He said that he was very much impressed by the accuracy and ingenuity of the City Manager when he presented his plan to the Planning Cormissipn, Council and the audience. He asked if the rest of the Council concurred with the Plan Circle Flow as presented by the City Manager. Mayor Kirkham said that it was the concensus of the Council that they were in agreement with the plan. Councilman Sheridan said that he understood the comment of the Chairman to mean that if the Plan Circle Flow is followed, that the slip off ramp should be moved further south. Councilman Harris agreed that was the way he under- stood it. Mr. Eldon Schmedeke said that he was surprised at the stand taken by the Planning Commission. They are doing the opposite of what the people want, and he said that this was very disturbing to him. Mayor Kirkham said that each body makes their own evaluation, and obviously the Planning Commission's stand is dif- ferent from that of the Council's, but each body tries to make their deter- mination to the best of their ability, and for the good of the community. Councilman Sheridan asked the Council Secretary to point out to the Planning Commission Secretary an error on Page 2 of the Planning Commission Minutes, second paragraph, which states "--peat, 6 to 8 inches deep--" which should read "-- peat, 6 to 8 feet deep--". MOTION by Councilman Sheridan to receive the Minutes of the Planning Commission Meeting of May 22, 1969. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. RECEIVING THE MINUTES OF THE BOARD OF APPEALS MEETING OF MAY 21, 1969: MOTION by Councilman Harris to receive the Minutes of the Board of Appeals Meeting of May 21, 1969: Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. RECEIVING THE MINUTES OF THE BOARD OF APPEALS MEETING OF MAY 28, 1969: CONSIDERATION OF A_REQUEST FOR A SPECIAL USE PERMIT UNDER SECTION 45.19 (2A) TO PERMIT THE CONSTRUCTION OF A TWO FAMILY DWELLING IN R-1 ZONING ON LOT 3, BLOCK 4, OSTMAN'S THIRD ADDITION, THE SAME BEING 6921 'EAST RIVER ROAD, FRIDLEY, MINNESOTA. (REQUEST BY ROGER L. PETERSON, 7091. HICKDRY DRIVE, FRIDLEY, MINNESOTA) : Mr. Roger Peterson was present at the Meeting to give his reasons why he felt that his request should be granted, even though it was denied by the Board of Appeals. He said that because of the steep grade of the lot, it would take about 1000 yards of fill to bring it up oto A lgv9j t9 build upon. The cost of REGULAR COUNCIL MEETING OF JUNE 2, 1969 PAGE 21 MOTION by Councilman Liebl to receive the communication from the St. Paul District, Corps of Engineers dated May 5, 1969 and the Certificate of Appre- Clation. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. D. BARNA & GUZY: VACATION OF UTILITY EASEMENT (Lots 7 & 8, Block 1, City View) s haf'I MOTION by Councilman Harris to receive the communication from the Law Offices of Barna & Guzy dated May 27, 1969. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. E. STANLEY DAHLBERG: REQUEST APPROVAL OF LOT SPLIT (LS #69-14) MOTION by Councilman Harris to receive the communication from Stanley Dahlberg dated May 24, 1969. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. F. MR. JOHN HURAJT, 1101 LYNDE DRIVE: REQUEST FOR APPROVAL OF A TEMPORARY SIGN FOR WELCOME HOME FOR HIS SON RETURNING FROM VIETNAM Mayor Kirkham explained that Mr. Hurajt would like permission to use a portable sign in lois driveway for about two days sometime between June 17 and ,Tune 25th for a "welcome Home" for his son returning from Vietnam. He has contacted Naegele Outdoor Advertising Company and they have donated the unit for two days. MOTION by Councilman Harris to receive the communication from Mr. John Hurajt, 1101 Lynde Drive dated May 26, 1969 and grant the requested permission, Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. FENCE COMPLAINT: ON PROPERTY OWNED BY CARL ZUK, 281 RICE CREEK TERRACE A complaint was received from the owner of the land to the west along the service drive of University Avenue that the fence Mr. Zuk erected shuts off his land from the ,rest of the surroundings. The fence is 7' high and Funs around Mr. Zuk's property and is 10' back from the curb. The property is on a slight curve and it was questioned whether there was a violation and if the fence would block the vision when driving. The City Attorney was asked to check this out to see if the fence violates the Code. ADJOURNMENT; MOTION by Councilman Liebl to adjourn the Meeting. The motion was seconded. by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the Regular Council Meeting of June 2, 1969 adjourned at 11:34 P.M. Respectfully submitted, uel Mercer Jack 0. Kirkham Secretary to the City Council Mayor