LS70-10 Form #5-66 LOT SPLIT APPLICATION
CITY OF FRIDLEY
FOR� I
Applicant's Nam
APPLICANT: 0 V 1 { moo
Lot Split L5 �0-10
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Home Business Council Action:
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REMARKS:
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~° Legal Description of Property: N'17 S
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Reason for Lot Split:
Total Area of Property, sq. ft. Present Zoning Cjassa.ficatCQn 1
The undersigned hereby declares that all the facts and
representations stated in this application are true and
correct.
DATE;_& 7C SIGNATURE
BELOW FOR CITY USE ONLY (Se# reverse side for a4Wtional ie.tr%wili o
PLATS & SUBS: Date of Consideration -
Remarks
PLANNING COMMISSION: Date of Consideration -
Remarks:
CITY COUNCIL: Date of Consideration
Newarks:
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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 pare-is ,treat- : w' Ih all -xistirig structares tied in.
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.
�. 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 M&Y BE ABLE TO PROVIDE THE ESTIMATED AMOUNT OF
ADDITIONAL TAXES OR ASSESSMENTS.
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L.S. #70-10
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Plats & Subs.-Str. & Util. Subcommittee July 8 1970 Page 2
This was not enough land to meet the requirements of the zoning Code for an
industrial site, but it would meet those for a gas station. Mr. Meissner
believed a precedent had already been set at Bob's Produce and Commerce Park.
MOTION by Crowder, seconded by Meissner, that the Plats & Subdivisions-
Streets & Utilities ,subcommittee recommend to the Planning Commission approval
of the proposed preliminary plat, P.S. #70-01, University Golf Estates, as
shown on the Document dated May, 1970. Upon a voice vote, all voting aye, the
motion carried unanimously.
3. TAT SPLIT RE UEST: L.S. #70-10 ROBERT T. JOHNSTON: Split off 10 feet
from Lots 6 through 10, Block 9, Spring Brook Park and add to Lot 5,
Block 9, Spring Brook Park for driveway to garage.
The reason for a request of a lot split was given by Mr. Johnston. His
neighbor owns Lots 6 through 10 from Ely Street and Mr. Johnston's present
driveway is on the Westerly 10 feet of these lots. There is a row of bushes
bordering Mr. Johnston's driveway. The driveway was used by Mr. Johnston, but
his neighbor paid the taxes. Now there is a new owner and if Mr. Johnston
would ever want to sell, he could have a legal problem.
Mr. Crowder called attention to the two unattached garages on the neighbor's
property, and that the garage on Lots 8 and 9 would be 2' feet from the new
property line,
MOTION by Zeglen, seconded by Meissner, that the Plats & Subdivisions—�
,streets & Utilities Subcommittee recommend to the Planning Commission approval
of the Lot Split, P.S. #70-10, by Robert T. Johnston, for the Westerly 10 feet
of Lots 6, 7, 8, 9 and 10, Block 9, Spring Brook Park to be added to Lot 5,'
Block 9, Spring Brook Park for driveway. Upon a voice vote, all voting aye, the
motion carried unanimously.
4. PROPOSED PRELIMINARY PLAT, P.S. #70-02, GEORGE N. NELSON: Lots 30 and 31,
Auditor's Subdivision No. 129. Public hearing July 22, 1970.
Mr. George Nelson, Sr. was present.
The Engineering Assistant explained that Mr. Nelson has also requested a
Special Use Permit for the area on the North Half of Lot 30 and the North Half
of Lot 31, except the North 125 feet, to permit parking, recreational areas
and accessory uses. The Public Hearing for the Special Use Permit will be heard
the same evening as the Preliminary Plat.
There is a row of single family dwellings planned along Onondaga Street.
The buildings on the South Half of Lots 30 and 31 would face 73rd Avenue. The
street pattern will be the same as the earlier one proposed for this area.
There would be a 30 foot easement down to a point 25 feet from the center of
the block to provide for one half of the right of way that may be necessary
if a street would be extended West. The lots for residential on Onondaga Street
are plenty large. The necessary easements for streets and utilities will show
on the final plat.
Planning Commission Meetin - July 8 1970 Page 5
Mr. Schmedeke said that if the Planning Commission is to conform with the
Sign Ordinance, he will request it apply in this case.
Chairman Erickson said he was not concerned about the appearance of the sign,
but it would be an improvement to get it back from the road. He didn't feel it
was any worse looking than the Substation and didn`t see how it would affect the
appearance of the park. Mr. Schmedeke answered that the Power Company couldn't be
moved, but they could do something about the sign.
4. PUBLIC HEARING: SPECIAL USE PERMIT SP #70-07 NAEGELE OUTDOOR ADVERTISING CO. 1
For a billboard sign on Parcel #4780, Section 12, in C-2S, general shopping
areas, as per Section 56.04, 2, Fridley City Code.
The Public Heari=ag Notice was read by Chairman Erickson.
Mr. Hokemeir explained the sign would be located on the East side of the road
on property owned by Sheldon Mortenson.
The variance was granted by the Board of Appeals because, quoting from their
minutes of June 9, 1970, "1) There is actually not enough room for the sign to
be erected 500 feet from the intersection of 73� Avenue." It was determined that
the billboard sign would be 175 feet from the trailer park and the question was
raised whether or not the people were informed. The owner of the trailer park was
given notice. No one showed up in opposition.
MOTION by Harris, seconded by Minish, that the Planning Commission recommend
approval to the Council of the request for a Special Use Permit, SP #70-07, by
Naegele Outdoor Advertising Company for a billboard sign on Parcel #4780, Section 12,
in C-2S, general shopping areas, as per Section 56.04, 2, Fridley City Code. Upon
a voice vote, all voting age, the motion carried unanimously.
Referring to SP #70-06, discussed above, Mr. Minish said he was disturbed over
the fact that for some indefinite period of years, rent for the Vern Donnay sign on
the Penn. Oil property was paid to the Pennsylvania Oil Company, and not to the
City. The question was whether or not it could be recovered.
5. LOT SPLIT REQUEST: L.S. #70-10, ROBERT T. JOHNSTON: To split off 10 feet
from Lots 6 through 10, Block 9, Spring Brook Park and add to Lot 5 for
driveway to garage.
Mr. Johnston was present.
Mr. Schmedeke, Chairman of Plats & Subdivisions-Streets & Utilities Subcommittee,
stated that this item was before the Subcommittee earlier this evening, and the
lot split request was approved. There is a house on Lots 8 and 9 facing East River
Road. There are two garages on the neighbor's property. One garage was on Lots 8
and 9, and the other mostly on Lot 6. Lots 4 and 5 contain the petitioner's
house and garage.There is a row of bushes tea feet from Mr. Johnston's Easterly
lot line of Lot 5, and the ten feet is being used by Mr. Johnston for a driveway
iwith verbal permission of the owner. Now a new neighbor has come in and he decided
it-would be wise to purchase this $trip of land to prevent future legal problems.
There is an easement running under the road. Mr. Johnston said he enters the
garage from Ely Street. All. garages are used. The furtherest one back is not used
in winter because of the shovelling.
REGULAR COUNCIL MEETING OF JULY 20, 1970 PAGE 10
5. LOT SPLIT REQUEST: L.S. #70-10, ROBERT T JOHNSTON: To split off
10 feet from Lots 6 through 10, Block 9, Spring Brook Park and add
to Lot 5, for driveway to garage.
i
The City Engineer reported that the Planning Commission recommended
! approval of this lot split. The 10 feet is used for access to the garage.
Mr. Johnston added that he has used this land, this lot split would just
make it legal, as he has a new neighbor, and he felt that the split should,
be recorded.
MOTION by Councilman Breider. to concur with the Planning Commission and
grant the lot split requested by Mr. Robert T. Johnston. Seconded by
Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham de-
clared the motion carried.
6. LOT SPLIT RE UiS'I: L.S. #70-11., CHARLES E. FOSTER: Lot .l, Block 1,
Oak Creek Addition Plat #2, to split off 85 feet for a building site.
The City Engineer said that this request was to split a large lot into two
lots. It is located on Glen Creek Road and East River Road. Both lots
will meet the minimum requirements.
Mr. Foster Then came forward, to the Council table and showed the Council a
survey. Coanci.lx an Harris asked him if he would be willing to agree to
putting his driveway off Glen Creek Road, when East River Road is improved
with a median. Mr. Faster said that this is where it should be anyway.
MOTION by Councilman Harris to approve the lot split requested by Charles
E. Foster with an agreement to be signed by Mr. Foster that upon develop-
ment of East River Road, upon request by the County, he will put in the
driveway to enter on Glen Creek Road. Seconded by Councilman Liebl. Upon
a voice vote, all voting aye, Mayor Kirkham declared the motion carried.
7. PROPOSED PRELIMINARY PLAT, P.S. #70-02, GEORGE N. NELSON: Lots
30 and 31, Auditor's Subdivision #129.
This item continued by the Planning Commission.
8. _SPECIAL USE PERMIT: SP #70-08, GEORGE N. NELSON: For an automobile
_ parking lot to be located on the A of Lots 30 and 31, except the north
125 feet, of Auditor's Subdivision #129.
This item continued by the Planning Commission.
Councilman Breider said that previously this same request was before the
Council under a request for a change in zoning to R-3. Now they are
requesting a special use permit for parking in R-1 in conjunction with R-3
usage. Councilman Harris said that in certain circumstances the Council
would permit a certain development, but they would not want any encroach-
ment. This would protect against R-3 moving up with the acquisition of more
land. Councilman Breider said that he thought that the purpose of R-3
zoning was to permit so many units on so much land. In this case the
developer is filling up all the R-3 land available with units, then using
R-1 land for the parking. He pointed out that to rezone requires four votes
of the Council, but .a special use permit only requires three. He felt that
the City owed it to the community to control`tie"' � more closely. He eaic
REGULAR COUNCIL MEETING OF JULY 20, 1970 PAGE 9
3. SPECIAL USE PERMIT SP #70-06 NAEGELE OUTDOOR ADVERTISING CO. :
For billboard sign on Outlot 2, Block 2, Fridley Industrial Park Plat
#1 in M-2, heavy industrial area, as per Section 56.04, 2, Fridley
City Code.
The City Engineer said that this request for a special use permit is to
permit a billboard along the Pennsylvania Oil building north of the NSP
substation. The request was denied by the Planning Commission.
Councilman Harris said that he had talked to Mr. Harry Hokemeir about this
and it seems that what has happened is that the City requested them to
move their sign back of the City right of way after the City acquired the
land, then after asking them- to move their sign, 'denied their request.
Councilman Liebl said that as we had asked them to move the sign, the
City should keep their part of the bargain, and authorize the special
use permit to allow the sign. He added that the City has always had an
excellent relationship with Naegele Outdoor Advertising Co. and pointed
out that; the Chairman of the Planning Commission voted against the denial.
He said that, at the municipal convention there were many comments by
other mayors and councilmen on the quality of the signs in the City of
Fridley.
MOTION by Councilman Harris to grant the request for a special use permit
to NAegele Outdoor Advert-sing Company, with the understanding that when the
area develops, the billboards must cane down. Seconded by Councilman
Liebl.
Mr. Richard Harris said that he would like to speak as a private citizen,
rather than as a member of any board of commission. He asked if the City
had acquired this land for a frontage road. Councilman Harris said that
it was dedicated, but construction was delayed. Mr. Richard Harris said
that it was a long time before the City asked Naegele to move the sign off
City property. In 1969 they were asked to move it, but they had a con-
tract with Pennsylvania Oil for the rental of the land since 1963 and
have paid rent to them for the use of the land. Yet the City owned the
land. He felt that this money, at least morally, belonged to the City of
Fridley. Councilman Harris said that Mr. Hokemeir mentioned this to him.
He said that Naegele Outdoor Advertising Co: should hot be penalized,
they paid their money in good faith. He said that he was sure that land
transfers take place all the time and it is not their responsibility to
keep up to date on them. The responsibility for the correction of the
situation should have been with Pennsylvania Oil. He suggested that a
communication to that effect be directed to Pennsylvania Oil Company by
the City Attorney.
THE VOTE UPON- THE MOTION, being a voice vote, all voting aye, Mayor Kirkham
declared the motion carried.
4. SPECIAL USE PERMIT, SP #70-07, NAEGELE OUTDOOR ADVERTISING COMPANY:
For a billboard sign on Parcel #4780, Section 12, in C-2S, general
shopping areas, as per Section 56.04, 2, Fridley City Code.
MOTION by Councilman Liebl to grant the special use permit to Naegele
Outdoor Advertising Company for a billboard on Parcel #4780, Section 12,
with the understanding that when the area develops, the billboards must
come down. Seconded by Councilman Breide:rl Upon % vc7iae vote, all
voting aye, Mayor Kirkham declared the motion carried.
July 28, 1970
Mr. Robert T. Johnston
471 Ely Street N.E.
Fridley, Minn. 55432
Re: Lot Split Request, L.S. #70--10
Dear t-Ir. Johnston:
The Fridley City Council moved to approve your Lot
Split Request at their regular meeting held on July 20, 1970.
You should new file a deed at the County Registrar
of Deeds to ensure proper ownership of the parcel split off.
Your prompt attention to the recording of the split
will be appreciated.
urs ve truly
D
Engineering Assistant
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