LS80-04 Form #5-68 L01 SrLI I NrrLIUAI IUN
' CITY OF FRIDLEY 13
FOR CITY USE ONLY
Applicant's Name
APPLICANT: c� �rs N'S'7',9�r�C° Z26 Al
_ Lot Split
ADDRESS: .-Xn Al 1,A,, 1&4111 k C/.
Street City Zip Code Date Filed:
m N TELEPHONE 'SS- �� '� Fee:$ s"�ecei t #
+ XHome Business Council Action:Date
�y o REMARKS:
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CdCd PROPERTY OWNERS)
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u +' m ADDRESS(ES)-J'-]J?1, :2%2.5 /r24:
o Street City Zip Code
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o H co •ri TELEPHONE #(S)
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Home Business
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P +' Property Location on Street
or Exact Street Address IF ANYItJ C) 2 Sf
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EU-+ Legal Description of Property:
/ „ y S�G�TeS/ �F �17T /, ULGC IL /
Reason for Lot Split: SS?
A
Total Area of Property k j sq- ft-7Present Zoning Classification
The undersigned hereby declares that all the facts and
representations stated in this application are true and
correct. f,—
,,��
DATE: ,OU SIGNATURE Ica
BEL014 FOR CITY USE ONLY (See reverse side for additional instructions)
CHECKED BY STAFF DATE
Remarks:
PLANNING COMMISSION: Date of Consideration -
Remarks: ---
CI`1'Y COUNCIL: Date of Consideration -
Remarks: --
LOT SPLIT APPLICATION PROCEDURE
1 . Obtain application form at City Hall (6431 University Avenue N.E. , Fridley).
2. Return completed application form with the required sketch of the property
involved and the lot split fee of $75,00 for each original lot being split.
3. The application will be checked over by Staff and the owner may be required
to submit a Certificate of Survey containing a simple description of a part
of a platted lot or registered lot, along with the new parcels created with
all existing structures tied in.
4. The application will then be submitted to the Planning Commission for their
recommendation. The Planning Commission meets on the Wednesday following
the City Council meeting, which is generally the first and third Wednesdays
of the month.
5. The recommendations of the Planning Commission are submitted to the City
Council for final action. If a Certificate of Survey wasn 't required before,
it will be required for this meeting. The City Council meets on ' the first
and third Mondays of the month.
6. The City Council approval may be subject to certain stipulations which must
be complied with by the applicant.
7. 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.
8. When all the conditions of the lot split have been complied with, the applicant
should file the lot split in Anoka County.
9. In .all cases where Council action has been sought and denied, no petition for
identical action can be presented until a period of six months has elapsed.
NOTE: THE RESULTING REAL ESTATE TAXES AND SPECIAL ASSESSMENTS FOR
THE NEW PARCELS IN TOTAL AFTER THE LOT SPLIT MAY EXCEED THE
AMOUNT ASSESSED TO THE ORIGINAL PARCEL. THE FINANCE DEPARTMENT
OF FRIDLEY MAY BE ABLE TO PROVIDE THE ESTIMATED AMOUNT- OF
ADDITIONAL TAXES OR ASSESSMENTS.
CITY OF FRIDLEY� SUBJECT
LOT SPLIT LS #80-04
(L 6431 UNIVCRSITY AVE. NE.
O FRIDLEY. MN. 55432 (012).571-3450 RECORDED
ADDRESS: Corner of 571/2 Ave. and 2 1/2 St. 5775 2 1/2 Street _ DATE: 7/3,/80
PLANNING COMMISSION: APPROVED X DISAPPROVED DATE 7/23/80 NO 4
CITY COUNCIL: APPROVED X DISAPPROVED DATE 8/4/80 NO_
PARK FEE REQUIRED: AMOUNT PAID
STIPULATIONS:
NAME FEE RECEIPT NO
PROPERTY OWNER(S) TELEPHONE NO
TELEPHONE NO
ADDRESS(ES)_
PROPERTY LOCATION ON STREET
LEGAL DESCRIPTION OF PROPERTY
TOTAL AREA OF PROPERTY PRESENT ZONING
REASON FOR LOT SPLIT
The undersigned hereby declares that all the facts and representations stated in this
application are true and correct.
DATE: SIGNATURE
NOTICE: A sketch of the property and the proposed lot split with any existing struc-
tures shown should accompany this application.
(See reverse side for additional instructions)
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I **PLANNING COMMISSION 1�EI`tINGa JtTLY 23X1980 __ PAGE I.0
Mr. Harris stated that both parts of SP #80-08 -were recommended to City
Council for approval.
Mr. Boardman stated that the rezoning- request will go to City Council on
Sept . 15. Action on the special use permit will probably be tabled by City
Council until they.take ac the rezoning on Sept. 15.
4. LOT SPLIT REQUEST .S; #80-04 & E CONSTRUCTION: Split off the
South 14 feet of Lot a it to Lot 6, Block 27, Hyde Park, to
make a new building site, the same being 5775 22 St. N.E. (Lot- 7
addressed as 5783 22 St. N.E.)
-Mr. Harris, stat-ed this was not public hearing, but they would conduct- it
as an informal public hearing.
Mr. Boardman stated there is presently a duplex on Lots 7 and 8. Lot 6 is
a separate lot that is -a 40-ft, lot. What the petitioner would like to do is
add 14 ft, taken from Lot 7, and add that onto Lot 6 to make Lot 6 a buildable
lot size. That makes Lot 6 a 58-ft, lot. lie stated that a duplex-size lot.'
requirement is 10,000 sq. ft., and this lot split brings the lot size of the
duplex down to 9,600 sq. ft. This is still over 9,000. sq, ft, which is allowed
for a single family, and a single family is only allowed in. this special zoning
district.
Ms. Gabel stated she was concerned about t'1..e size of the house that was g.,ing -
to be put on this lot and what kind of variances would be needed to build the
horse.
Mr-. Boardman stated that the builder, Mr. Forrest Melville, D & E Construction,
was in the audience and could answer those questions .
Mr. Melville stated D S: E Construction was representing Mary Ann Kopp. He
stated what -they are attempting to do is put in a 24' x 36' or a 24' x 40'
house, and it would probably have to .be put- endways on the lot. Otherwise,.
the lot would not have enough setback. Ms . Kopp is going on a 235 mortgage
and under a 235 mortgage she cannot afford to buy a lot over_$10,000. That
is why they are attempting to get the lot split and keep the cost down. One
of the reasons they are before the Planning. Commission is because they had '
another lot- foa:' Ms .' Kapp, ,but it was found unl:.)uildable. As a result of that,
Ms . Kopp had already sold her house trailer and is now living from place to
place with her two children. They are attempting to move as fast as they can
as she needs a place to live.
Mr. Melville stated D & E Construction works with'a company called the
Stratford Company in Stratford, Wisconsin, which builds houses that are
considered module. The building is built out of state but will pass all
Minnesota state regulations and PIIA requirements, etc - - --- -
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PLAPRIING COMMCSSION MEETING, JULY 23 1980 PAGE 9
MOTION by Ms. Mr Treuenfels, to. recommend approval to _
City Council of part 1 of the request for a special use _permit- , S11 #80-082
by Carl E. Christensen, D/B/A Christensen Auto Body:. -To allow a garag.e for
the use of an auto body shop located oft Lot 21, Block 6, Fridley Park, the
same being 6501 East River: Road N.E., with the following stipulations:
1.. That an acceptable landscaping plan be approved by City Staff.
2. That easements be dedicated for a bikeway/walkway system on
Mississip2Pi St.
3. That any future door on the north side of the building be kept
closed except when vehicles go in and out during the hours of
business operation.
4 That the hours of business be limited to 7:00 a.m. -to 10:00 p.m.
Mr. . Wharton stated he intended to vote in favor of this motion, and he also
intended to do everything he could to keep Mr. Christensen in business .
UPON. A VOICE VOTE, ALL VOTING AYE, CHAIRMAN HARRIS DECLARED THE MOTION CARRIED
UNANIMOUSLY.
MOTION by Mr. Wharton, seconded by Ms.. Hughes, to open the public hearing on
part 2 of SP #80-08 by Carl E . Christensen. Upon .a voice vote, all -voting aye,
Chairman Harris declared the public hearing open at 10:00 p.m.
Mr. Boardman si--ted this would be a special use permit to allow the use of a
parking lot o.,. R-3 next to an adjacent businass to be used for that business .
e a landscaping plan
' ements and require g p
etback_re uir 1
It would have to meet the s q q
according to city code.
Mr. Harris stated he thought' it would be appropriate for Mr. Christensen and
Mr. Nash to get together with Staff to discuss the landscaping on the north
end of the property to come up with a landscaping plan that would be .agreeable
to. all parties . '
MOTION by Mr. Wharton, seconded by Ms . Hughes, to close the public hearing on .
part 2 of SP #80-08 by Carl E. Christensen. Upon a voice vote, all voting
aye, Chairman Harris declared the public hearing closed at 10:05 p.m.
MOTION by Ms Gabel, seconded by Mr. Treuen.fels, to rec amnend approval to
City Council_ of part. 2 of the request for a special use permit, SP #80-08,
by Carl E. Christensen, D/B/A Christensen Auto Body: To allow the use of a
parking lot zoned R-3 adjacent to a- business to be used for that business,
located on Lots 22, 23, and 2.4, Block 62 Fridley Park, the same being 6501
East- River Road N.E. , with the following; stipulations:
1. That a landscaping plan be worked out satisfactorily with City
Staff, Mr. Christensen and Mr. Nash on the north end of the
property.
2 . That easements be dedicated for a bikeway/walkway system on
flississippi St.
3. That the hours of business be limited to 7:00 a.m, to 10:00 p.nt.
UPON A VOICE VOTE, ALL VOTING AYE, C1iAII.MAN HARRIS DECLARED THE MOTION
CARRIED UNANIMOUSLY
INNING COI-MISSION MEETING, JUDY 23 1980 PAGE 11
_ M_OTION by Ms . Gabel, seconded by Mr. Wharton, to recommend approval to City
Council. of Lot Split .Request, L.S. #80-04, D & I; Cons't-ruc_tion: Split• off
the South ].4 feet of Lot 7 and add it to Lot. 6, Block 272 Ilyde Park, to .
make a new building site, the same being 5775 2 -i/2 Street N.E. (Lot 7
addressed as 5783 2 1/2 Street N.E.
UPON A VOICE VOTE, ALL VOTING AIT,, CHAIRMAN HARRIS DECLARED THE MOTI.ON
CARRIED UNANIMOUSLY:
Mr. Harris stated L.S. #80-04 would go to City Council on August 4.
5. LOT SPLIT REQUEST, L.S. #80-05, BY EDWARD S. JONAK: Split off the North
70 feet of Lots, 4, 5, 6, Block 2, including all that part of 57 1/2
Avenue N.E. (vacated, ordinance' 371), City View, to make .a new building
site, the same being 5750 3rd Street N.E.
Mr. Boardman stated the problems they are having with this is that back in
1.957, the City vacated the street right-of-way but- left the utilities and
drainage across the whole 33 feet of vacated street. In the staff review of
this request, they came across that and told Mr. Jonak that in order to
approve the lot split, he would also have to get a vacation on those utility
easements. They have talked to Engineering, and Engineering sees no problems
in vacating those easement areas as there are no utilities in that 33 feet.
However, Staff would like that vacation done to go along with the lot split.
Nr. Boardman stated that there are presently no utilities on 3rd Street and
the only utilities available. to that property are on 57th Place. Mr. Jonak
owns Lots 4, 5, and 6 to the south -and easements would have to be dedicated
off those lots to allow utility easements to get up to that new lot to build.
Mr. Boardman stated his recommendation would be to continue the lot split
request until the vacation of utilities is. applied for.
Mr. Jonak stated he would like to submit the request that the utility ease=
ment retained by the City be vacated and that- the vacation fee be. waived.
Mr. Boardman stated this request would have to be submitted to the City
Council as the Planning Commission does not have the authority to waive fees.
MOTION by Mr. Wharton; seconded by Ms . Gabel, to recommend approval to City
Council of lot split request, L.S. #80-05, by Edward S. Jonak: Split off
the North 70 feet of Lots 4, 5, 6, Block 2, including all that part of
57 1/2 Avenue N.E. vacated, ordinance 371), Ci.t-y.View, to make a new building
site, the same being 5750 3rd St. N.E. , subject to the vacation of the
utilities in the adjoining streets with the following stipulation:
- That easement be. allowed for utilities along the southerly portion
of Lots 4, 5, and 6.
UPOIJ A VOICE VOTE, ALL VOTING AYE, CIIAIRMAN RAUxIS DECI:ARED THE MOTION
CARRIED UNANIMOUSLY:
• 4
"+ i
PLANrTING COMMISSION MEL'T'ING, JULY 23 1980 PAG}: 1.2
- Chairman Harris declared a ten-minute break at: 1.0:40 -p.m.
6. CONTZIr,=D: PROPOSED CHANCES TO CHAPTER 205. ZONING: � y
MOTION by Mir. Wharton, seconded by Ms . Gabel, to continue discussion on
Proposed Changes to Chapter 205 . Zoning. Upon a voice vote, all voting aye,
Chairman Harris declared the motion carried unanimously.
7. RECEIVE JULY 1., 1980 SPECIAL ENERGY COMMISSION MEETING MINUTES:
MOTION by Mr. Wharton, seconded by Ms. Gabel, to receive the July 1, 1980,
Special Energy Commission meeting minutes .
Mr. Wharton stated the special meeting was called to discuss the grant
proposal submitted to the League of Minnesota Cities. He stated Mary Cayan
did an outstanding job in preparing the proposal, and she feels that Fridley
has a pretty good chance at getting the $9,500 grant:.
Mr. Wharton stated the other item discussed was the Energy Policy, and they
made a motion reaffirming their commitment- to the Fridley Energy Policy as
submitted to City Council. The Energy Policy has now come out as the "Energy
Commission Guidelines" which was passed by City..-Council.
UPON A VOICE s,':A1 , ALL VOTING AYE, CHAIT AN ]'"TRIS DECLARED THE MOTION
CARRIED UNANIM�YLTSLY.
8. P�rC}?1:VE JULY 1.0, 1980, HOUSING & REDEVELOI':iEl�:l.' ATM. IORITY MINUTES
MOTION
by Ms . Hughes, seconded by Mr. Treuenfel.s, to receive the July 10, 1980,
Housing & Redevelopment*Authority minutes.
Mr. Boardman stated that the HRA will be meeting on July 24 to make a decision
< ' At that meeting, he will be re-.commending a counter-
proposal
gs
on, JVD'-- proposal..
it will. o to._
g
a- counter-proposal,
proposal to ,7G'D. If the HPu4, approves that
*R71). It JVD does not accept the counter-proposal by Aug. 1, then they will
go out for bids again.
UPON A VOICE VO`T'E, ALL VOTING AYE, CHAIRM/%X HARRIS DECLARED THE MOTION
CARRIED UNANIMOUSLY.'
9. RECEIVE JULY JJTSSION MINUTES:
MOTION by Ms . Gabel, seconded by Mr. Trcuenfels, to receive the July 15, 1980,
Appeals Commission minutes. Upon a voice vote, all voting aye, Chairman Harris
declared the motion carried unanimously.
10. APPROVE JULY 9, 1980, PLANNING COMMISSION MINUTES:
MOTION by Ms . Hughes, seconded by Mr. Trcu--nfels, to approve the July 9, 1980,
Planning Commission minutes .
i REGULAR MEETING OF AUGUST 4, 1980 = PAGE 3
i
j Mr. Qureshi, City Manager, felt it may be better to have the public hearing on
j all the issues at one time.
MOTION by Councilman Fitzpatrick to set a public .hearing for. the special use
i permit on September 15,1980.. Seconded by Councilman Schneider. Upon a voice
r j vote, all voting aye, Mayor Nee declared the motion carried unanimously.
CONSIDERATION OF LOT SPLIT REQUEST, 6QT0 MAKE NEW BUILDING SITE,
5775 - 2--z STREET, D & E CONSTRUCTIO
Mr. Flora, Public Works Director, stated this request is to split off the South
1 14 feet of Lot 7 and add it to Lot 6, Block 26, Hyde Park in order to make a new
building site.
i At this time, 7:55 p.m., Councilwoman Moses arrived at the meeting. i
MOTION by Councilman Fitzpatrick to concur with the recommendation of the. Planning �
I Commission and grant Lot Split, LS ;;80-04. Seconded by Councilman Barnette.
i
Mr. Qureshi, City Manager, stated if this property has not paid the appropriate
Water, Sewer and Storm Sewer assessments, they would pay their proportionate share. '
Mr. Lee Ekenberg, representing D & E Construction, stated they have taken soil
borings on the lot to determine if it is buildable and the structure proposed
conforms with all building codes.
Mr. Ekenberg explained the reason they want the additional 14 feet is in order
to meet the code requirements. He stated they have a 24 x 40 foot house planned
for this lot,and, under the Housing and Urban Development 235 program, they would
be putting in a driveway, but no garage would be built at this time.
Councilwoman ptoses questioned the requirement for a garage, since this was required
several weeks ago when another applicant was building a new home.
Mr. Qureshi, City Manager, explained this lot was platted before the ordinance
i adopting the garage requirement, therefore, the only requirement would be for a
driv:way and off-street parking pad.
i
F Councilman Schneider asked if Lots 7 and 8, with removal of this 14 feet, would
j remain legal lots. Mr. Flora stated, they do meet the square footage require
�I ments, but are short one foot on the front footage.
{ Councilman Schneider questioned if it would be better to have a 13 foot lot split
and then grant a variance for reduction of the lot size.
` Mr. Qureshi, City Manager; stated; in lots that. are platted before 1955, there
is lower front footage requirement, which Mould be the case in this instance.
Mr. Qureshi pointed out this is an area where the City has had drainage problems.
Mr. Ekenberg stated they don't anticipate any drainage problems on this lot,
however, they would be installing drain tiles.
UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee
declared the motion carried unanimously.
CONSIDERATION OF LOT SPLIT RE UEST, LS '980-05, TO MAKE NEW BUILDING SITE
VACATED ORD. 371), 5750 - 3RD STREET, EDWARD S. JONAK:
Mr. Flora, Public Works Director, stated the owner of Lots 4, 5, and 6, Block 2,
wishes to split off the North 70 feet of these lots, including all that part of
57-2 Avenue N.E. (vacated, ordinance 371), City View, to make a new building site.
` Mr. Flora stated a utility easement would have to be vacated, and the petitioner
J is requesting a waiver of the vacation fee.
I .
i
1
ORDINANCE 110. 633 .
'{ AIt ORDIVAtlfl, ru'rumim C1IAnER /.11, SECTIO'1 211.053 OF TIIF FRIDLEY CI'IY �
COUPERTA111111G TO 1'UL'I.IC AREAS 1Oit LANU sul")t'1ISION '
1
i • 1711✓ CITY COUttCil OF i1tE CITY OF NP,IUI_CY DOES URDAIh AS 1OLLU,tS:
That Chapter ?.11.063 be amended as follows: i
211-063A
Pub) Areas ..
Cach plat of a subdivision shall be required to dedicate land, or pay 1
into the City fund a cash payment rquNil lent, for public land uses, ,
+ including schools, pal-1,r,, playgrounds and other public purposes other !
than public right of ►•ray, in the following manner:
j
'10% of the gross area of residential zoned property !
to be subdivided; ,
3% of the gross area of commercial or industrial zoned s
property to be subdivided.
Any land dedication in excess of the 10", or 3 requirement shall be
reserved for a period of NO years during which tine the City or other
I public body nay buy such land. '
Tile option of a land dedication or cash payment is at the discretion
of the City.
PASSED AND ADOPTED BY T11E CITY'COUNCIL OF .
711E CITY OF 1"RIULEY THIS 147tI �
DAY OF FEBRUARY,'1977.
f
h1AYOR - 11I LL1Af1 J. NEE '
ATTEST:
l
ii1 CIT1' CLERK - t�A1t1'ItT C. ERUNSE� Lam— '
First Reading: February 7, 1977 ;
Second Reading: February 14, 1977
Publish.......: February 24, 1977
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AW
CITY OF FRIDLEY
6431 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA 55432
TELEPHONE ( 612)571-3450
^T Ty rOUhCIL August 19, 1980
ACTION TA`_ll NOTICE
D & C Construction
17521 Ixonia
Lakeville, MN 55044
or, August 4, 1980 _ the Fr'idiey City Council officially
apprcved your request for _a Tott shit to split of the South 14 feet of Lot 7
with the stipulations listed below: andadU—i toTot 6,Block Hyde Park
to make a new building site, the same being
5775 2 112 Street ME.
1 . Please see enclosed paper that you will need to file the lot split
at Anoka County.
k
If you have any question_, regarding the above action, please call the
Coi-iounity Development Office at 571-3450.
Sincerely,
RRCLJ L. BOARDMA�
JLB/de City Planner
Please review the noted stipulations, sign the statement below, and return
one copy to the City of Fridley.
C--ncur w-it►l actio<i t,,ak ,ii.
TO THE COUNTY AUDITOR OF ANOKA COUNTY:
The City Council of the City of Fridley on August 4, 1980
approved the following request for a lot split to allow:
the South 14 feet of Lot 7, Block 27, Hyde Park, and add it to Lot 6,
Muck 2�, Hyde Park, to make a new baiiding,site to be addressed ds
5775 2 1/2 Street .J E Fridley Minnesota
on the following property: .
South 14 feet being taken from Lot 7_ addressed as 5783 2 1/2 Street PI.E.
A stipulation to the lot split approval was to combine
appropriate parcels of property to ensure no defaulting of taxes
and avoid losing a parcel on a future sale of the property.
It is hereby requested of the County Auditor to check
the records and, if in order, combine the following parcels
of land:
Plat # ��
Parcels 4l
Lotsc4i
Block
Addition
Signed
Owners of Record
cc: Property Owner
Lot Split Folder
Fridley Assessing Dept. ,Real Estate File
Special Assessment Dept. File