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LS84-13 31 • CITY CF FRIOLEY, SUBJECT LOT SPLIT LS / L 6431 UNIVERSITY AVE. NE. FRIOLf:Y, MN. G5&3e jeWl 571-3450 RECORDED: s ADDRESS: ✓��y — `I DATE: PLANNING COMMISSION: APPROVE _ DISAP DVED DATE NO CITY COUNCIL: APPROVED DISAPPROVED DATE NO PARK FEE REQUIRED: AMOUNT PAID STIPULATIONS: NAME (/ FEE RECEIPT NOLO PROPERTY OWNER(S) TELEPHONE NO TELEPHONE NO ADDRESS(ES)_ PROPERTY LOCATION ON STREET LEGAL DESCRIPTION OF PROPERTY L a S ��- TOTAL AREA OF PROPERTY t O Z Z 4 PRESENT ZONING IZ Z REASON FOR LOT SPLIT GrO The undersigned •hereby declares that all the facts and representations stated in this application are true and correct. a" DATE: -//�- L 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) LOT SPLIT APPLICATION PROCEDURE • 1. Obtain application forte 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 0 for each original lot being split. .0/oo 3. The application will be checked over by Staff and the owner may be required to submit a Certificate of Survey containing it 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. r- L.S. #84-13 — --- ,Tdq-An , rr- 4 R ®UBURBAN NOINEERINO `'r tih1 r 36 ��._ - INC - -' r1.11 � H`Ili lihl .. 611:..,, .,. ,, _• .. - . �/- ., ..�I. .,. !' r Mortgage Loan Survey for RAN YG._ANDERSON___ 7+TN AVEAIUE NF ---- 9 9. 41 ------- 7DRAINAGE & UTILITY EASEMEPT I-��Ine. L.ell � II 7, 1 5 ti Aticb 1 ,J . I T h -vi O' Q0 I 0 I 0 _ ,scale: LOT 5, BLOCK 5, MELODY MANOR CITY OF FRIDLEY , ANOKA COUNTY I MINNESOTA Zoned ',-Z 72;4Q/ 46Areca. _ /off yZo 0 + This is atrue and correct representation of a survey of the boundaries of the land above described and of the location of all buildings, if any, thereon, and all visible encroachments, if any, from or on said land. This survey is made only in connection with a mortgage loan now being placed on the property and no liability is assumed except to the holder of such mortgage or any other interest acquired by the reason of such mortgage. It is understood and agreed no monument; have been placed for the purpose of establishing lot lines or boundary corners. Dated this yr.) day of .y l A.D. 19.; SUBURBAN, ENGINEkRING, INC. Engineers / /,! %rreyorbi 1 by Q c_,. f 41 r. !r� . Not Published. All Rights Reserved CANE 8 ASSOCIATES LAND SURVEYORS, INC. /7720 Highway 65 NE - Sodervi//e, Minnesota 55304 434-7646 CERTIFICATE OF SURVEY FOR: Randy Anderson LEGAL DFSCRIPTION FOR NORTH PARCEL: _ That part of Lot 5, Block 5, MELODY MANOR, according to the recorded plat thereof, Anoka County, Mirncsota, lvirg northerly of a line drawn from a point on the westerly line of said Lot 5 distant 36.E: feet northerly of the southwesterly corner thereof, to a point on the easterly line of said Lot 5 distant 36.08 feet northerly of the southeasterly corner thereof. LEGAL .DESCRIPTION FOR SOUTH PARCEL: That part of Lot 5, Block 5, MELODY MANOR, according to the recorded plat thereof, Anoka County, Minnesota, ]vine southerly of a line drawn frort, a point on the westerly line of said Lot 5 distant 36.82 feet northerly of the-southwesterly corner thereof, to a point on the easterly line of said Lot 5 distant 36.08 feet northerly of the southeasterly corner thereof. 74TH AVENUE NW. East 99.Vi p? �t'�lihl QD Q �o S0 o /l` -f B 1 I AN i� �O NERERI CERT/Fr rMAr rN/S SURVEY KA,K oR AEPo Rr ws PREPARED or K op VMDER MI DIP£Cr SUPERV/SXM'AAD rNAr/ AN A DU.rREo/STERED LARD SUIVEr0R VADER SCALE'-/ INCH= so FEET. TME LArs or THE Sure or AmwsoTA. O DENOTES I/2 INCH IRON PIPE SET. •DENOTES AN IRON MONUMENT FOUND. Z22 0— BEARINGS SHOWN ARE FROM ASSUMED DATUM. rE fa6.LG,Hrs REs.No. rrn/ 0'0&—tef 'P h' Ra;l set. , u� , o�• 03 33 CITYOF FRIDLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY,MINNESOTA 55432 • PHONE(612)571-3450 December 10, 1984 TO WHOM IT MAY CONCERN: The City of Fridley Planning Commission will be holding an informal hearing on a request for a lot split, L. S. #84-13, by Randy Anderson, to split off the Southerly 36 feet of Lot 5, Block 5, Melody Manor, so that a double bungalow at 7396-7398 Symphony Street N.C. can have zero lot lines to allow each side to be sold to separate owners. Anyone who wishes to be heard on this request can attend the Planning Commission meeting on Wednesday, December 19, 1984 in the Council Chamber of City Hall at 6431 University Avenue N. E. at 7:30 P.M. VIRGINIA SCHNABEL CHAIRWOMAN PLANNING COMMISSION • � ��//i. �� / ►moi♦i♦• . . , OrA 07 No :011.4 - • ..::.... �I tll11 i■■■■i■■■■■u■■■■■ ........■■■�u■■■■ii P E ■■■■■■■■■■rnote ■■■a■■■� ee4eeee .� � i 5011 01 ///S.►�i�iii�i�ilili .,-_ �!<<..��. ► -►'1'1'1'1'1'1'1' � :. a a .::iii , i ,i�iiidti,�,i =�♦ 'r.f �■■■:- yyyy�y� ri:::� �� rrtrytrr •- :ammo: 1.1,1•ir,1/1,1 ,..■I.. i...■■.loommusetiff. Mil d PA dop 34 Mailing List for L. S. #84-13 7396-98 Symphony Donald Peterson 1607 Bunker Lake Blvd. Anoka, Mn 55303 Dennis R. Coverston P.O. Box 29621 Minneapolis, Mn 55429 Rudolph C. Bayer 26 East Golden Lake Road Circle Pines, Mn 55014 Duane G. Bethune 3917 8th Avenue Anoka, Mn 55303 Ed Chies 7F51 Central Avenue N.E. Fridley, Mn 55432 Jugal Agarwal 8455 Spring Lake Park Road Houndsview, Mn 55432 C P G Enterprises 233 West Grandview Roseville, Mn 55113 Randy C. Anderson Construction, Inc 11340 Sunset Avenue Circle Pines , Mn 55014 Norman Snyder 7388 SymphonyStreet NE Fridley, Mn 55432 32 Effective January 17, 1984 1984 POLICY STATEMENT ON PARK FEES ON LAND SUBDIVISION Date �Z L In determining fair market value of public areas for land subdivision for cash payment as required by Ordinance #633, the following values will be used: Residential Subdivision $1 ,500.00 per lot Residential Lot Split $ 750.00 per lot Commercial/Industrial Subdivision or Lot Split $ 0.023 per sq. ft. This fee is to be paid at the time of final plat or lot split approval. The City Council may defer collection to the time a building permit is requested for individual lots created by such subdivision/lot split. The City retains the option to accept an equivalent amount in cash from the applicant for part or all of the portion required to be dedicated. PARK FEE AGREEMENT The undersigned understands that according to the City Plating Ordinance, the following public park land dedication is required to plat residential , commercial or industrial zoned property. It is further understood that the public park land dedication or cash payment equivalent is at the discretion of the City. b o It is agreed that a cash payment of $ will be paid according to the above stated policy for the following subdivision/lot split. It is agreed that the following land dedication is provided according to the above stated policy for the following subdivision/lot split: Dedication: Subdivision/Lot Split: The undersigned further agrees to notify all future property owners or assigns of the cash payment requirement, if it is to be collected at the time of issuance of a building permit. Date: L G �a (Property Owner Signature) 3/0/8/8 1 5�„� �c) �i � S� ,� CERTIFICATION OF STATUS OF SUBDIVISION OF LAND 1. Property PIN No. '7 Plat No. Parcel No. 3::� d 2. Applicant __ 7'<qvdL4 Tele. No. S{� 3. Type of Document: D Deed 0 Contract for Deed 0 Other (Specify) 4. Date of Document 5. Grantor: 6. Grantee : 7. Received by City Clerk of Date : a� L �" Time: O ' By: \J �a��►� � S. Action by City: Approved: Rejected: Date: Date : Time: Time : l.�.'OD P/0 (If approved - complete stamp on Document) 9. Reasons: (Cross out inappropriate words) a. Subdivision Regulations (do - die ) apply. b. Subdivision (a*@wemed - not approved) . (If approved - attach certified .copy of Resolution. ) c. Restrictions (w. - not waived) by Council. (If waived - attach a certified copy of Resolution. ) 10. Conditions Imposed: [� Combination with PIN No. (Petition of Owner should be attached. ) ❑ Others: (Specify) NOTE: IF SUBDIVISION INVOLVES TORRENS LAND, CONTACT THE EXAMINER OF TITLES AT COUNTY COURTHOUSE FOR FORM OF DESCRIPTION. (MINNESOTA STATUTES SECTION 508. 47) June 22, 1991 Mark Akbari 88Q9 Tyler Street N .E. Blaine , Mn 55434 Re : 7396-7398 Symphony Street N.E. , Fridley , MN Mark ; Enclosed you will find the following: A Declaration of Covenants, Conditions and Restrictions which the City of Fridley needs, if you are going to file as a zero lot line . Four pages showing the actions taken by the Planning Commission and the City Council approving the lot split at 7396-7398 Symphony Street . A survey showing the proposed lot split . I hope the enclosed information will help you out . In looking over our purchase agreement and other related papers, there is nothing mentioned about the property being filed as a zero lot line property . As I mentioned over the phone to you , I would have filed the property as such if I had sold it one half at a time , but I sold it as one unit , therefore I did not have to file it as a zero lot line . Your deed and abstract should say nothing about a zero lot line . I am sorry for any confusion on this subject and for any inconvenience it has caused you . The enclosed information help you file as a zero lot line , if you choose to do so . If I can be of any further assistance , please call . 7Sin ly , andy Ande son 9F M No.2054-54M—CONTRACT FOR DEED Waller S.Booth—St.Paul M-1$filler Minnaaata llnllorm Conva,an g Blanks(19]81 No delinquent taxes and transfer entered; Certificate of Real Estate Value ( )filed ( )not required 19 County Auditor By Deputy (reserved for recording data) MORTGAGE REGISTRY TAX DUE HEREON: (reserved for mortgage registry tax payment data) Date: aT6 19 M 92 THIS CONTRACT FOR DEED is made on the above date by Moharram Akbari and Karen A. Akbari, Husband & Wife Married (marital status) ler(whether one or more),and Todd H. Jel 1 um Single ,Purchaser(whether one or more). Seller and Purchaser agree to the following terms: PROPERTY DJSCRIPTION.Seller hereby sells,and Purchaser hereby buys,real property in Anoa County,Minnesota,described as follows: 7396 Symphony Street Northeast, Fridley, Minnesota, being located upon that part of Lot 5, Block 5, Melody Manor, according to the recorded plat thereof, Anoka County, Minnesota, lying southerly of a line drawn from a point on the westerly line of said Lot 5 distant 36.82 feet northerly of the southwesterly corner thereof, to a point on the easterly line of said Lot 5 distant 36.08 feet northerly of the southeasterly corner thereof. Together with range, refrigerator, garage door opener, central air conditioning, all carpeting, and window coverings and treatments presently on said property. together with all hereditaments and appurtenances belonging thereto(the Property). TITLE. Seller warrants that title to the Property is,on the date of this contract,subject only to the following exceptions: (a) Covenants,conditions,restrictions,declarations and easements of record,if any; (b)Reservations of minerals or mineral rights by the State of Minnesota,if any; (c) Building,zoning and subdivision laws and regulations; (d)The lien of real estate taxes and installments of special assessments which are payable by Purch- aser pursuant to paragraph 6 of this contract;and (e) The following liens or encumbrances: DELIVERY OF DEED AND EVIDENCE OF TITLE.Upon Purchaser's prompt and full performance of this contract,Seller shall: Warranty (a) Execute,acknowledge and deliver to Purchaser a Deed,in recordable form,conveying marketable title to the Property to Purchaser,subject only to the fol- lowing exceptions: (i) Those exceptions referred to in paragraph 2(a),(b),(c)and(d)of this contract; (ii)Liens,encumbrances,adverse claims or other matters which Purchaser has created,suffered or permitted to accrue after the date of this contract;and 18.HEADINGS.Headings of the paragraphs of this contract are for convenience only and do not define, limit or construe the contents of such paragraphs. 19.ASSESSMENTS BY OWNERS'ASSOCIATION.If the Property is subject to a recorded declaration providing for assessments to be levied against the Property by any owners'association,which assess- ments may become a lien against the Property if not paid,then: (a) Purchaser shall promptly pay,when due,all assessments imposed by the owners'association or other governing body as required by the provisions of the declaration or other related documents; and (b)So long as the owners'association maintains a master or blanket policy of insurance against fire, extended coverage perils and such other hazards and in such amounts as are required by this con- tract,then: (i) Purchaser's obligation in this contract to maintain hazard insurance coverage on the Property is satisfied;and (ii) The provisions in paragraph 8 of this contract regarding application of insurance proceeds shall be superseded by the provisions of the declaration or other related documents;and (iii)In the event of a distribution of insurance proceeds in lieu of restoration or repair following an insured casualty loss to the Property,any such proceeds payable to Purchaser are hereby as- signed and shall be paid to Seller for application to the sum secured by this contract,with the excess,if any,paid to Purchaser. 20.ADDITIONAL TERMS:No remodding/ateritionsto wbject property vii thout Seller's consent. Also -- i) A payment of one-thousand dollars ($1,000.00) must be made to Seller on or before July 15, 1991. ii) Buyer is aware that I, Moharram Akbari, am a Licensed Real Estate Agent in the State of Minnesota and am currently working for Coldwell Banker. iii) There will be a late fee charge (s) of five dollars ($5.00) per day if payment is not received on or before the 1st day of each month. iv) Buyer agrees to let the Sellers or their agent(s) inspect the property periodically upon their request. SELL) PURCHASER(S) Moharram Akbari /�Q° Todd H. Jellum -Kcrl- fy `� (, Karen A. Akbari State of Minnesota rf. County of Anoka C� The foregoing instrument was acknowledged before me this day of by Moharram ARbari and Karen A. Akbari HusFa--nd and Wife NOTARIAL STAMP OR SEAL fOR OTHER TITLE OR BANK) A• r•. NANCY A.HANSON NOTARY PUBuC--MINNESOTA AN, COUNTY My Caamission Expires Feb.21,19%Y • SIGNATURE OF NOTAJ&Y PUBLIC OR OTHER OFFICIAL State of Minnesota l,f Countyof Anoka ` The foregoing instrument was acknowledged before me this—day of 119— by 19—by Tndd H JPllHm NOTARIAL STAMP OR SEAL TOR OTHER TITLE OR RANK) SIGNATURE OF NOTARY PUBLIC OR OTHER OFFICIAL Tax Statements for the real property described in this lnsBument should be sent to: oharram Akbari 8809_Tyler THIS INSTRUMENT WAS DRAFTED BY(NAME AND ADDRESS) Wilts Wit"Out Condifions Moharram & Karen A. Akbari1r6.e on ) 8809 Tyler St. N.E. City of Blaine, MN 55434 Date: Zi _ (SEAL! FAILURE TO RECORD OR FILE THIS CONTRA PRIORITY OVER PURCHASER'S INTEREST IN THE PROPERTY. `"a _ CITY OF FRIDLEY, COMMISSION APPLICATION MINNESOTA REVIEW Dopa •nt/ s Number, ev o4� — jApproved Dy L /fj FILE NOS ADORCSS ys FILE D* L COMPETE REVIEW CHECKLIST RETURN TO PLANNING v DUE El Jim C E TS _MIKE q'r-ox. 4,, Darrel "Ot � n Mark Clyde John Leon 7-00 I-ATE lGOe- TSP>15PE —I - PLANNING COMMISSION MEETING, DECEMBER 19, 1984 PAGE 7 parking for a 30,000 square foot Nautilus Fitness Center. Mr. Rob- inson stated the land is needed to satisfy the parking requirements. Mr. Robinson stated it is recommended a park fee oth221.38 be paid; the lot split to be registered with the County; d e remainder of iLot 4 be combined with Lot 5 to Create a buildable 1 . Mr. Rick Martens, owner of the property, s ted they have a letter of agreement and are finalizing plans with utilus Swim and Fitness to be located on this site. He stated th are a company out of Colorado Springs and based on the research he as done, he felt they were a very well-organized and well-manag company. He stated the company is aware of the licensing requiremen s and that they have to provide a letter of credit and surety bon . Mr. Martens submitted a prop sed drawing for this building which would be two stories . He stated n the first floor would be a lap swimming pool, whirlpool, saunas, fices and a day care facility. He stated the second floor would c ntain a running track, aerobic workout area and all the nautilus a ipment. Ms. Schnabel asked . Martens if he was in favor of combining Lot 4 with Lot 5. He st ed he would prefer not to do it, but would agree to the stipulatio . MOTION BY MR. NDRICK, SECONDED BY MR. OQUIST, TO RECOMMEND APPROVAL OF A REQUEST F R A LOT SPLIT, L. S. #84-12, BY WINFIELD DEVELOPERS, INC. (RICK TENS) TO SPLIT OFF THE NORTHERLY 35 FEET OF LOT 4, BLOCK 1, PA 0 INDUSTRIAL PARK, AND ADD IT TO LOT 3, AND LOT 2, EXCEPT THE NORTH Y 50 FEET, THE ADDITIONAL LAND TO BE USED FOR PARKING FOR 7200 UN ERSITY AVENUE N. E., WITH THE FOLLOWING STIPULATIONS: 1. PAYMENT OF PARK FEE OF $221.38. 2. REGISTER LOT SPLIT WITH THE COUNTY, UPON APPROVAL OR PRIOR TO ISSUANCE OF A BUILDING PERMIT. THE REMAINDER OF LOT 4 BE COMBINED WITH LOT 5 TO CREATE A BUILDABLE SITE. UP VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. LOT SPLIT REQUEST: L. S. #84-13, RANDY ANDERSON: Split off the South- erly 36 feet of Lot 5, Block 5, Melody Manor, to make a zero lot line between each side of a double bungalow, the same being 7396-7398 Symphony Street N. E. Mr. Robinson stated this lot split is for property at 7396-7398 Symphony Street for a 0 lot line which is allowed in this particular zone (R=+2) . He stated it is proposed to split this double bungalow in order to allow each side to be sold separately. Mr. Robinson stated it is recommended a park fee of $750 be paid; the lot split to be registered with the County; and a declaration of coven- ants be submitted to the City and recorded with the County. PLANNING COMMISSION MEETING DECEMBER 19 1984 PAGE 8 Mr. Kondrick asked if any correspondence has been eceived from per- sons who were notified of this lot split. Mr. obinson stated he has not received any comments either in favor o against the lot split. Mr . Anderson, the petitioner, stated would have the declaration of covenants drawn up by an attorney. MOTION BY MR. KONDRICK, SECO D BY MR. MINTON, TO RECOMMEND APPROVAL OF LOT SPLIT REQUEST, L. S. -139 BY RANDY ANDERSON TO SPLIT OFF THE SOUTHERLY 36 FEET OF L 5, BLOCK 5, MELODY MANOR, TO MAKE 0 FEET LOT LINE BETWEEN EACH SID OF A DOUBLE BUNGALOW, THE SAME BEING 7396-7398 SYMPHONY STREET N. ., WITH THE FOLLOWING STIPULATIONS: 1. PAYMENT F PARK FEE OF $750. 2. REGIS R LOT SPLIT WITH THE COUNTY. 3. REC WITH THE COUNTY AND SUBMIT TO THE CITY, A DECLARATION OF COVENANTS FOR THE PROPERTIES. UPON A ICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE MOTIO CARRIED UNANIMOUSLY. 4. CONTINUED: DISCUSSION OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE BY ADOPTING A NEW CHAPTER 216 ENTITLED "STORM WATER DRAINAGE UTILITY": Mr. Flora, Public Works Director, stated in 1982, the State Legislature passed_ a statute requiring surface water management of all land in the metropolitan area. He stated the legislation formulated the Six Cities Watershed Management Organization which, together with the Rice Creek Watershed District, encompasses surface water management for all of the City. Mr. Flora stated the intent of this legislation is to manage the sur- face water quality and quantity of runoff. He stated recent develop- ments in the City have been required to establish surface water detention ponds and filtration systems and many of these ponds are or have become the City's responsibility to maintain and operate. Mr. Flora stated the City's storm water system is not complete, but that which is in place is at least 20 years old and the required maintenance of this system will increase over the years. He stated the greatest re- turn on the City's investment in the system would be through preventive maintenance by inspection, cleaning, patching, repairing and small scale construction to keep the facilities operating at an acceptable level. Mr. Oquist asked the cost per year for maintenance of the storm water system. Mr. Flora stated it is estimated the cost is between $170,000 to $200,000. Mr. Flora stated staff is suggesting the establishment of a storm water fund to handle expenditures connected with this system similar to the Utility Fund for the water system. He stated fees would be charged to categories of land use based upon the intensity of storm water runoff, with each contributing a fair share. Community Development Department PLANNING DIVISION City of Fridley DATE: July 11, 1991 TO: Virgil Herrick, City Attorney FROM: Barbara Dacy, Community Development Director SUBJECT: Lot Split for a Duplex at 7396-98 Symphony Street N.E. On January 7, 1985, the City Council officially approved a lot split for Lot 5, Block 5, Melody Manor, to allow a zero lot line for a duplex/double bungalow subject to three stipulations (see attached City Council Action Taken Notice) . Section 211. 04 . 0l.C- D of the subdivision ordinance identifies the process for lot split approvals. After the action taken by the City Council on January 7, 1985, the petitioner at that time should have submitted a survey so that the City Council could pass a resolution in order that the petitioner could record the lot split at Anoka County. The petitioner at that time, Randy Anderson, did not follow-through with the required survey, and the City Council never passed a resolution. Anderson has subsequently sold the entire property to Mark Akbari three to four years ago. Akbari has now attempted to convey one half of the duplex to another individual who attempted to record the contract for deed, but I would not approve the transfer since the City Council did not pass a resolution. Akbari has provided the necessary survey, declaration of covenants, and has the money to pay for the park fee as originally required in 1985; however, instead of going through the entire lot split process, Akbari is inquiring if the City Council could approve a resolution finalizing the lot split at its upcoming July 22 , 1991 meeting. Please review Section 211. 04 . 01.0-D of the subdivision regulations. This section sets out the requirements of lot split approvals. My interpretation is that since the City Council never approved the resolution authorizing the lot split, the 180 day time period identified in part D does not apply until after a resolution is passed. If you agree with this interpretation, I could have the City Council approve a resolution based on 'the survey that Akbari has submitted to me. This will negate the necessity for the petitioner to go through the lot split process again. BD/dn M-91-513 cc: William Burns r � -�-11 Community Development Department L� PLANNING DIVISION City of Fridley DATE: July 18 , 1991 TO: William Burns, City Manager FROM: Barbara Dacy, Community Development Director SUBJECT: Approve Resolution for a Lot Split at 7396-98 Symphony Street N.E. Background On January 7 , 1985, the City Council officially approved a lot split for Lot 5, Block 5, Melody Manor, to allow a zero lot line for a duplex/double bungalow at 7396-98 Symphony Street N.E. The City Council approval required the following stipulations: 1. Pay a park fee of $750. 00. 2 . Provide the City with a survey of the property so that the City Council can pass the resolution needed by the County so this can be recorded. 3 . Submit to the City a declaration of covenants for the property. The petitioner at that time, Randy Anderson, did not follow through with a survey and sold the property in its entirety to the current owner, Mark Akbari. Current Proposal At the end of May, Akbari was attempting to convey 1/2 of the unit and property to another person; however, I would not authorize the deed for recording since the stipulations of the lot split approval were not completed. Section 211. 04 . 01.0-D of the subdivision ordinance states that after City Council approval of a lot split, a certificate of survey is to be submitted for final approval by the City Council . The ordinance does not indicate a time period as to how soon the survey needs to be submitted. The only time period identified in the ordinance is after the resolution is approved; the petitioner has 180 days to file the lot split at Anoka County. 9 Lot Split at 7396-98 Symphony Street N.E. July 18, 1991 Page 2 Akbari has submitted a survey (attached) indicating the proposed lot line and the descriptions match those that were considered in 1985. He is prepared to pay the park dedication fee and is also in the process of finalizing the restrictive covenants to be filed along with the property split. Recommendation Staff recommends that the City Council approve the attached resolution subject to the following conditions: 1. Payment of the park dedication fee. 2 . Submit to the City a declaration of covenants for the property. BD/dn M-91-529 9A COUNCIL ME_ ING OF JANUARY 7, 1985 MJTION by Councilman Goodspeed to concur with the recommendation of the Planning Commission and grant lot split, L. S. #84-12, with the following stipulations: (1) payment of park fee of $221.38; (2) register lot split with the County, upon approval or prior to issuance of a building permit; and (3) the remainder of Lot 4 be combined with Lot 5 to create a buildable site. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 4C. mNSIDERATIQU OF LCT SPLIT BEQUEST, L S #84-13 TO MAKE "0" FEET LOT LINE BETWEEN EACH SIDE OF DOUBLE BUNG_AI , 7396-7398 SYMPHONY STREET, BY RANDY ANDERSON: Mr. Flora, Public Works Director, stated this is a proposal to split this property into a zero lot line duplex which is allowed in a R-2 zone. He stated the purpose is to allow each unit to be sold separately. Mr. Flora stated the Planning Commission recommended approval with the stipulations that a park fee be paid, the lot split be registered with the County, and a declaration of covenants be recorded with the County and submitted to the City. MDTION by Councilman Goodspeed to concur with the recommendation of the Planning Commission and grant lot split, L. S. #84-13 , with the following stipulations: (1) payment of park fee of $750; (2) register lot split with the County; and (3) record with the County and submit to the City, a declaration of covenants for the properties. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 4D. iTEm FROM APPE.A�QDMISSION MINUTES OF NOVEMBER 27 , 1984: gEC)TESTED VARIANCES TO INCREASE MAXIMUM ALLOWABLE AREA, 90DARF FOOTAGE VARIANC=E AND HEIGHT VARIANCE, 7210 EAST RIVER ROAD BY LARRY C LANI'ON Mr. Flora, Public Works Director, stated this is a request for variances for property at 7210 East River Road to increase the maximum allowable area for a garage frau 1,000 square feet to 1,440 square feet; to allow the square footage of a garage to exceed the first floor area of the house; to increase the height of an accessory building f ran the maximum 14 feet to 23 feet; and to increase the maximum square footage for all accessory buildings from 1,400 square feet to 1,440 square feet. Mr. Flora stated the hardship indicated by the petitioner was to enable him to store his many vehicles in a covered garage. He felt this would improve the looks of his property. Mr. Flora stated this lot is probably one of the larger lots in Fridley at over 29,000 square feet and if the variances were allowed, it would also be the largest garage on private property in the City. Mr. Flora stated the neighbors were contacted and were not opposed to the variances and indicated they would rather see this addition than a separate -6- COUNCIL MEErINr OF JANUARY 7, 1985 Mayor Nee stated he felt the whole area is really a problem. He also asked about the nature of the covenant. Mr. Flora stated the covenant was that this property could only be used for a gas service station and other purposes related to gas service stations. Mr. Herrick, City Attorney, stated not only is a special use permit needed for this property, but also there are substantial variances if the requested use would be made of this site. Mr. Flora stated a total of seven variances were needed to meet the City' s code which involved setbacks from the street right-of-way, reduction of lot area, parking lot setbacks, driveway setbacks, and to reduce the widths of the parking stalls. Ms. Flora stated the preliminary plans for this intersection calls for widening the Mississippi to the north which would involve the taking of some of this property. Councilman Barnette questioned the difference in this site and the one currently being used by Dr. Ryan's across the street. Mr. Flora stated the property where Dr. Ryan' s is located is owned by the HRA and is temporarily being leased for an automotive repair shop. He stated the use is being allowed until plans are developed for this intersection. Mr. Flora stated there also may be sane taking of property along the south side of the Mississippi Street. 9lie petitioner was not present at this meeting. MOTION by Councilman Fitzpatrick to concur with the unanimous recommendation of the Planning Commission and deny special use permit #84- 25 mainly for the traffic reasons and the points of ingress and egress relative to the public roads. Seconded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 4B. C DNSmFRATIC N OF LOT SPLIT REQUEST, L. S. #84-12 TO PERMIT ADDITIONAL LAND FOR PARKING, 7200 UNIVERSITY AVENUE, WINFIErD DEVELOPERS. INC. , A77N• RICK MANS Mr. Flora, Public Works Director, stated this is a proposal to split off the northerly 35 feet of Lot 4, Block 1, Paco Industrial Park and add it to lot 3 and Lot 2, except the northerly 50 feet, to be used for parking for a Nautilus Fitness Center. He stated a company from Colorado Springs is expanding in the metropolitan area and proposing to construct a two story 30,000 square foot facility which would include a lap swimming pool, sauna and day care facility on the first floor; and nautilus equipment, a running track, and aerobic space on the second floor. Mr. Flora stated the Planning Commission recommended approval of the lot split with stipulations regarding payment of the park fee, registering the lot split with the County, and that the remainder of Lot 4 be combined with Lot 5 to create a buildable site. -5- FRIDLEY CITY COUNCIL MEETING OF JULY 22, 1991 PAGE 15 Councilman Schneider was concerned if this was -a�}'�roaching into the side yard and if there are code requirements �r a fire wall. He wanted to make sure that the Building Department was aware of this encroachment. MOTION by Councilman Schneider to concur with the unanimous recommendation of the Appeals Commission and grant Variance Request, VAR #91-16. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. B. VARIANCE REQUEST, VAR #91-17, BY SAMIR AWAIJANE, TO ELIMINATE THE REQUIREMENT FOR A SIX INCH CONCRETE CURB IN THE AUTOMOTIVE STORAGE AREA; TO REDUCE THE HARD SURFACE SETBACK FROM THE PUBLIC RIGHT-OF-WAY FROM 20 FEET TO 10 FEET GENERALLY LOCATED AT 7570 HIGHWAY 65 N.E. : Ms. Dacy, Community Development Director, stated that Mr. Awaijane is not present at the meeting; therefore, the Council may wish to table this item. MOTION by Councilm Schneider to concur with the City staff's recommendation and deny both Variance Requests under VAR #91-17. Seconded by Counc' man Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee d Glared the motion carried unanimously. C. VARIANCE E UEST VAR 91-18 BY LEWIS AND VELMA FARR TO INCREASE THE TOTAL FLOOR AREA OF ALL ACCESSORY BUILDINGS FROM 1,400 SQUARE FEET TO 1,832 SQUARE FEET, TO ALLOW THE CONSTRUCTION OF ADDITIONAL GARAGE SPACE ON LOT 10 BLOCK 1 RIVER EDGE ADDITION GENERALLY LOCATED AT 157 RIVER EDGE AY N.E. • MOTION y Councilman Fitzpatrick to grant Variance Request, VAR #9 -18, with the following stipulations: (1) the proposed acces ory structure shall not be attached to the dwelling unit unle s it has frost footings; and (2) the petitioner shall provide a h rd surface driveway by August 1, 1992 . Seconded by Councilman Sc neider. Upon a voice vote, all voting aye, Mayor Nee declared t e motion carried unanimously. 9. RESOLUTION NO. 56-1991 APPROVING A SUBDIVISION, LOT SPLIT, L.S. #84-13 , TO SPLIT OFF THE SOUTHERLY 36 FEET OF LOT 5, BLOCK 5, MELODY MANOR TO ALLOW A DOUBLE BUNGALOW TO BE SOLD INDIVIDUALLY THE SAME BEING 7396-98 SYMPHONY STREET N E Ms. Dacy, Community Development Director, stated that on January 7, 1985, the Council approved a lot split for this property to allow a zero lot line for a duplex/double bungalow at 7396-98 Symphony Street, with three stipulations. She stated that the petitioner at that time, Randy Anderson, did not follow through t FRIDLEY CITY COUNCIL MEETING OF JULY 22 , 1991 PAGE 16 with a survey and sold the property in its entirely to the current owner, Mark Akbari. Ms. Dacy stated that at the end of May, Mr. Akbari was attempting to convey one-half of this unit and property to another person; however, staff would not authorize the deed for recording since the stipulations of the lot split approval were not completed. Ms. Dacy stated that Mr. Akbari has submitted a certificate of survey and compliance with the lot split code requirements, and the legal descriptions match the lot split approved in 1985. She requested that Council consider this resolution to allow the lot split with the stipulation that a $750.00 park fee be paid and submission to the City of a declaration of covenants for the property. Councilman Billings stated that six years have lapsed and wondered if another fee should be collected. Ms. Dacy stated that the vote in 1985 was unanimous, there were no questions or comments from the public, and the Planning Commission had recommended approval of the lot split. MOTION by Councilman Fitzpatrick to adopt Resolution No. 56-1991. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. AUTHORIZATION TO TURN BACK 1987-1989 COMMUNITY DEVELOPMENT BLOCK GRANTS: MOTION by Councilwoman Jorgenson to authorize $11.69 - 1n unused 1987-1989 Community Development Block Grant Funds to-Jain, turned back to Anoka County. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11. APPROVAL OF CHANGE ORDER NO. 1 FOR STREET IMPROVEMENT PROJECT NO. ST. 1991 - 1 & 2 • Mr. Flora, Public Works Director, stated that on the 73rd Avenue street widening project there was some poor soil which had to be removed to provide a suitable base for the street. He stated that it is requested that Council approve this change order to cover these costs. MOTION by Councilman Billings to authorize Change Order No. 1, Street Improvement Project No. ST. 1991 - 1 & 2, with W.B. Miller, Inc. in the amount of $6,904. 00. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried ianimously. RESOLUTION NO. 56 - 1991 RESOLUTION APPROVING A SUBDIVISION, LOT SPLIT, L.S. #84-13, TO SPLIT OFF THE SOUTHERLY 36 FEET OF LOT 5, BLOCK 5, MELODY MANOR, TO ALLOW A DOUBLE BUNGALOW TO BE SOLD INDIVIDUALLY, THE SAME BEING 7396-98 SYMPHONY STREET N.E. WHEREAS, the City Council approved a lot split at the January 7, 1985 meeting; and stipulations attached as Exhibit A; and WHEREAS, such approval was to split off the southerly 36 feet of Lot 5, Block 5, Melody Manor, to allow a double bungalow to be sold individually, the same being 7396-98 Symphony Street N.E. ; and WHEREAS, the City has received the required Certificate of Survey from the owner; and WHEREAS, such approval will create a zero lot line between 7396 and 7398 Symphony Street N.E. NOW, THEREFORE, BE IT RESOLVED, that the City Council directs the petitioner to record this lot split at Anoka County within six months of this approval or else such approval shall be null and void. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 22ND DAY OF JULY 1991. WILLIAM J. NEE - MAYOR ATTEST: SHIRLEY A. HAAPALA - CITY CLERK 9C EXHIBIT A Resolution No. 56 - 1991 1. Pay a park fee of $750. 00. 2 . Submit to the City a declaration of covenants for the property. 9D Aria CITY OF FRIDLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E.. FRIDLEY, MINNESOTA 55432 PHONE (612) 571-3450 January 23, 1985 CITY COUNCIL ACTION TAKEN NOTICE Randy Anderson 11340 Sunset Avenue Circle Pines, Mn 55014 On January 7, 1985 the Fridley City Council officially approved your request for lot split for Lot -5,- Block 5, Melody Manor, the same being 7396-7398 Symphony Street N.E. to make 0' lot lines for a double bungalow with the following stipulations: I. Pay a park fee of $750.00. • 2. Provide the City with a survey of the property so that the City Council can pass the resolution needed by the County so this can be recorded. 3. Submit to the City a declaration of covenants for the property. If you have any questions regarding the above action, please call the Planning Department at 571-3450. Sincerely, J�� JAMES L. ROBINSON • PLANNING COORDINATOR JLR/de Please review the noted stipulations, sign the statement below and return one copy to the City of Fridley. cur 4ithaction takW---&Z� Pwa�t OW STATE OF MINNESOTA CITY COUNCIL PROCEEDINGS CITY OF FRIDLEY In the Matter of a Lot Split, L.S. #84-13, to make "0" feet lot line between each side of double PLAY LOT SPLIT bungalow Randy Anderson , Owner The above entitled matter came before the City Council of the City of Fridley and was heard on the 7th , day of January 1985 , on a petition for a plat pursuant to the City of Frid ey s Platting Ordinance, for the following described property: Split off the Southerly 36 feet of Lot 5, Block 5, Melody Manor to allow each side of a double bunnalow to be sold individually, the same being 7396-7398 Symphony Street N.E. IT IS ORDERED that a plat be granted as upon the following conditions or reasons: See City Council Minutes of January 7 , 1985 STATE OF MINNESOTA ) COUNTY OF ANOKA ) ss. OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) I, Sidney C. Inman, City Clerk for the City of Fridley with an in for said City of Fridley, do hereby certify that I have compared the foregoing copy and Order granting a plat with the original record thereof preserved in my office, and have found the sane to be a correct and true transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at the City of Fridley, Minnesota, in the County of Anoka on the day of 19_b.�) . DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 SI NEY C I IV *+CLERK xi' K l COGNCIL MEMI G OF JANUARY 7, 1985 MyrION by Councilman G speed to concur with the recommendation of the planning Commissio grant lot split, L. S. #84-12, with the following stipulations: payment of park fee of $221.38; (2) register lot split with the CD upon approval or prior to issuance of a building permit; and (3) remainder of Lot 4 be canbined with Lot 5 to create a buildable site. conaed by Councilman Schneider. Upon a voice vote, all voting aye, Nee declared the motion carried unanimously. 4C. CONSIDERATICH OF Ln►r SPLIT FIXX=, L. S #84-13 TO MAKE "0" FEET LCT LINE BMWEEN EACH SIDE OF DOUBLE Bt1WAILw, 7396-7398 SYMPHONY STREET, BY RANDY ANDERSO�L: Mr. Flora, Public Works Director, stated this is a proposal to split this property into a zero lot line duplex which is allowed in a R-2 zone. He stated the purpose is to allow each unit to be sold separately. Mr. Flora stated the Planning Commission recommended approval with the stipulations that a park fee be paid, the lot split be registered with the ODunty, and a declaration of covenants be recorded with the County and submitted to the City. M?TION by Councilman Goodspeed to concur with the recommendation of the Planning Commission and grant lot split, L. S. #84-13 , with the following stipulations: (1) payment of park fee of $750; (2) register lot split with the County; and (3) record with the County and submit to the City, a declaration of covenants for the properties. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 4D. T'A'M FROM APPEALS OMISSION PUNQUES OF NOTF.�tMM 27 , 1984: ROUESIM VARIANCES TO INCREASE MAXIMUM ALLMABLE FOOTAGE VARLUKE AND HEIGHT VARIANa. 7210 EAa LARRY CZ.ANIUK:: Mr. Flora, Public Works Director, stated this is a req st for variances for 71 property at 7210 East River Road to increase the maximum, allowable area for a garage from 1,000 square feet to 1,440 square feet; to allow the square footage of a garage to exceed the first floor area of the house; to increase the height of an accessory buildil ng fru the1" feet to 23 feet; and to increase the maximum square footage for all accessory buildings f ram 1,400 square feet to 1,440 square feet.; Mr. Flora stated the hardsh*oc>ve=red by the petitioner was to enable him to store his many vehicles garage. He felt this would improve the looks of his property. i Mr. Flora stated this t is probably one of the larger lots in Fridley at over 29,000 square t and if the variances were allowed, it would also be the largest gara on private property in the City. Mr. Flora the neighbors were contacted and were not opposed to the variances indicated they would rather see this addition than a separate -6- 661531 ahranbr Regarded C w*ed mavin Tr.Index OFFICE OF C{UN YRDER OF ANOKA STATE OF MINNESOTA, COUNTY 1 hereby certify that the within ins ru-ment was filed in this office for record o+d on the--BAR �..?�-� -"A.D., 19 (g_..eCfock/,w K, and was duly recorded in book ager..'----'- CoDunty Recoraer sy 0.., •Y City of Frinaq FlanniAg Depart mt 6431 University Avg. N.R. Mdlerr, :M 55+3 C11Y OF FMDLLY FRIDLEY MUNICIPAL CENTER•6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 • (612)571-3450• FAX (612)571-1287 CITY COUNCIL ACTION TAKEN NOTICE July 25, 1991 Mark Akbari oev9 Tyler Street N.E. Fridley, MN 55432 Dear Mr. Akbari: On July 22, 1991, the Fridley City Council officially approved a resolution approving a lot split, L.S. #84-13 , to split off the southerly 36 feet of Lot 5, Block 5, Melody Manor, to allow a double bungalow to be sold individually, the same being 7396-98 Symphony Street N.E. , with the following stipulations: 1. Payment of the park dedication fee. 2 . Submit to the City a declaration of covenants for the property. Enclosed is a certified copy of the resolution in order for you to record the lot split at Anoka County. If you have any questions regarding the above action, please call the Planning Department at 571-3450. Sincerely, Barbara Dacy Community Development Director BD/dn Please review the above, sign the statement below and return one copy to the City of Fridley Planning Department by August 8, 1991. Concur with action taken CITYOF HIMLY FRIDLEY MUNICIPAL CENTER •6431 UNIVERSITY AVE. N.E. FRIDLEY,MN 55432•(612)571-3450• FAX(612)571-1287 December 16, 1991 Mark Akbari 8809 Tyler Street N.E. Minneapolis, MN 55434 Dear Mr. Akbari: On July 22, 1991, the Fridley City Council officially approved a resolution approving a lot split, L.S. #84-13, for 7396-98 Symphony Street N.E. The following stipulation was applied as a condition of approval: 1. Submit to the City a declaration of covenants for the property. In reviewing the file, I was unable to find a copy of this document for the property. Please submit this declaration of covenants by December 31, 1991 for our files. If you have any questions or concerns regarding this issue, please contact me at 572-3593. Sincerely, Michele McPherson, BLA Planning Assistant MM/dn C-91-398 U962074STATE OF MINNESOTA CITY COUNCIL PROCEEDINGS COUNTY OF ANOKA I � J CITY OF FRIDLEY O t In the Matter of a lot split, L.S. #84-13 PLAT/LOT SPLIT O Mark Akbari Owner �O The above entitled matter came before the City Council of the City of Fridley b and was heard on the 22nd day of July , 19 91 , on a petition for a plat pursuant to the City of Fridley's Platting Ordinance, for the following described property: To split off the southerly 36 feet of Lot 5, Block 5, Melody Manor, to allow a double bungalow to be sold individually, the same being 7396 - 7398 Symphony Street N.E. IT IS ORDERED that a plat be granted as upon the following conditions or reasons: Two stipulations . See City Council meeting minutes of July 22, 1991 . STATE OF MINNESOTA ) COUNTY OF ANOKA ) OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) I, Shirley A. Haapala, City Clerk for the City of Fridley with and in for said City of Fridley, do hereby certify that I have compared the foregoing copy and Order granting a plat with the original record thereof preserved in my office, and have found the same to be a correct and true transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at the City of Fridley, Minnesota, in the County of Anoka on the (17c, day of DRAFTED BY: ` City of Fridley 6 +31 University Avenue N.E. Fridley, MN 55432 SHIRLEY A. H PALA, CITYFUTEREb _ 'E f'�'j1 •`,t ENTERED r 1 _ /3 d`° ----s,_ ,e ClZ, �3 19 � a (SEAL) ..v�']F»�dM D M�Tk'�cESt4� � y 1 ;7 r - ..;..... W18lY57 'a 0'i ;` c1 TAX EY PiiUVE! i"� a FROPER7 ( FRIDLEY CITY COUNCIL MEETING OF JULY 22, 1991 PAGE 15 Councilman Schneider was concerned if this was encroaching into the side yard and if there are code requirements for a fire wall. He wanted to make sure that the Building Department was aware of this encroachment. MOTION by Councilman Schneider to concur with the unanimous recommendation of the Appeals Commission and grant Variance Request, VAR #91-16. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. B. VARIANCE REQUEST, VAR #91-17, BY SAMIR AWAIJANE, TO ELIMINATE THE REQUIREMENT FOR A SIX INCH CONCRETE CURB IN THE AUTOMOTIVE STORAGE AREA; TO REDUCE THE HARD SURFACE SETBACK FROM THE PUBLIC RIGHT-OF-WAY FROM 20 FEET TO 10 FEET, GENERALLY LOCATED AT 7570 HIGHWAY 65 N.E. : Ms. Dacy, Community Development Director, stated that Mr. Awaijane is not present at the meeting; therefore, the Council may wish to table this item. MOTION by Councilman Schneider to concur with the City staff's recommendation and deny both Variance Requests under VAR #91-17. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. C. VARIANCE REQUEST, VAR 491-18, BY LEWIS AND VELMA FARR, TO INCREASE THE TOTAL FLOOR AREA OF ALL ACCESSORY BUILDINGS FROM 1,400 SQUARE FEET TO 1,832 SQUARE FEET, TO ALLOW THE CONSTRUCTION OF ADDITIONAL GARAGE SPACE ON LOT 10 BLOCK 1 RIVER EDGE ADDITION GENERALLY LOCATED AT 157 RIVER EDGE WAY N.E. • MOTION by Councilman Fitzpatrick to grant Variance Request, VAR #91-18, with the following stipulations: (1) the proposed accessory structure shall not be attached to the dwelling unit unless it has frost footings; and (2) the petitioner shall provide a hard surface driveway by August 1, 1992. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. RESOLUTION NO. 56-1991 APPROVING A SUBDIVISION, LOT SPLIT, L.S. #84-13 , TO SPLIT OFF THE SOUTHERLY 36 FEET OF LOT 5, BLOCK 5 MELODY MANOR TO ALLOW A DOUBLE BUNGALOW TO BE SOLD INDIVIDUALLY THE SAME BEING 7396-98 SYMPHONY STREET N E Ms. Dacy, Community Development Director, stated that on January 7, 1985, the Council approved a lot split for this property to allow a zero lot line for a duplex/double bungalow at 7396-98 Symphony Street, with three stipulations. She stated that the petitioner at that time, Randy Anderson, did not follow through l FRIDLEY CITY COUNCIL MEETING OF JULY 22, 1991 PAGE 16 / with a survey and sold the property in its entirely to the current owner, Mark Akbari. Ms. Dacy stated that at the end of May, Mr. Akbari was attempting to convey one-half of this unit and property to another person; however, staff would not authorize the deed for recording since the stipulations of the lot split approval were not completed. Ms. Dacy stated that Mr. Akbari has submitted a certificate of survey and compliance with the lot split code requirements, and the legal descriptions match the lot split approved in 1985. She requested that Council consider this resolution to allow the lot split with the stipulation that a $750.00 park fee be paid and submission to the City of a declaration of covenants for the property. Councilman Billings stated that six years have lapsed and wondered if another fee should be collected. Ms. Dacy stated that the vote in 1985 was unanimous, there were no questions or comments from the public, and the Planning Commission had recommended approval of the lot split. MOTION by Councilman Fitzpatrick to adopt Resolution No. 56-1991. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. AUTHORIZATION TO TURN BACK 1987-1989 COMMUNITY DEVELOPMENT BLOCK GRANTS: MOTION by Councilwoman Jorgenson to authorize $11. 69 in unused 1987-1989 Community Development Block Grant Funds to be turned back to Anoka County. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11. APPROVAL OF CHANGE ORDER NO. 1 FOR STREET IMPROVEMENT PROJECT NO. ST. 1991 - i & 2. Mr. Flora, Public Works Director, stated that on the 73rd Avenue street widening project there was some poor soil which had to be removed to provide a suitable base for the street. He stated that it is requested that Council approve this change order to cover these costs. MOTION by Councilman Billings to authorize Change Order No. 1, Street Improvement Project No. ST. 1991 - 1 & 2, with W.B. Miller, Inc. in the amount of $6,904. 00. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. s' Q "fWrtlerical Grantor Grantee Recorded =---- Checked Martin Tr. Index C1 1y F-� a_ OFM OF COUNTY I=ROM XTATE OF MINNWA, COWM OF ARO M o I hereby certtty that tie vAthin kwtru- meat was tiled In this office for record on the.1 P 13 1992 ti 10 o'cbck,L—N.., andel wiids duty recorded C Cant► �— u. ey A, Lt7r/, Y(�� g- City of Fridley 6431 University Ave NE Fridley Mn 55432 Community Development � s DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS THIS DECLARATION, ipqdde this T day of1992, by mdolt- , hereinafter ref e ed to as "Declarant" . WITNESSETH: WHEREAS, Declarant is the owner of real property according to the recorded plat thereof situated in Anoka County, Minnesota. The Blocks and Lots contained therein are as follows: The Southerly 36 feet of Lot 5, Block 5, Melody Manor. WHEREAS, Declarant intends to establish two family residential units on the aforesaid properties; NOW THEREFORE, Declarant hereby declares to the City of Fridley that all of the properties described above shall be held, sold, and conveyed subject to the following easements, restrictions, covenants, and conditions, which are for the purpose of protecting the value and desirability of these properties, and which shall run with the real property and be binding on all parties having any right, title, or interest in the described properties or any part thereof, their heirs, successors, and assigns, and shall inure to the benefit of each owner thereof and to the City of Fridley, Minnesota. ARTICLE I - DEFINITIONS For the purpose of this Declaration, the following terms shall have the meanings herein ascribed to them: Section 1. "Living Unit" shall mean and refer to any portion of a residence building situated upon the Properties designed and intended to use and occupy as a residence by a single family. Section 2 . "Lot" shall mean and refer to any portion of land in the Properties upon which a Living Unit is situated, whether or not the same is a platted lot. Section 3 . "Owner" shall mean and refer to the recorded owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Properties, including contract sellers and vendees, but excluding those having such interest merely as security for the performance of an obligation, and excluding those having a lien upon the property by provision or operation of law. Section 4 . "Properties" shall mean and refer to the real property hereinbefore described. r T ARTICLE II - BUILDING AND USE RESTRICTIONS Section 1. Residential Use. No Lot or Living Unit shall be used except for residential purposes. Section 2 . No Noxious Activity. No noxious or offensive activities shall be conducted on any Lot or Living Unit, nor shall anything be done thereon which may be or become an annoyance or nuisance to other Owners or to the City of Fridley. Section 3 . Garbage and Refuse Removal. No Lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage, or other waste shall not be kept except in sanitary containers. Section 4. No Animals Except Pets. No fowl, animals, or insects shall be kept on any Living Unit or Lot except dogs, cats, and other common household pets, provided that they are not kept, bred, or maintained for any commercial purposes. Section 5. Prohibited Structures. No structure of a temporary character, trailer, basement, garage, or other building except a permanent residence, shall be used on any Lot at any time as a residence, either temporarily or permanently. Section 6. Hazardous Activities Prohibited. No Owner shall engage in or permit any activities in his/her Living Unit, or maintain or permit any conditions in his/her Living Unit, which would be considered extra-hazardous by fire insurance companies or would adversely affect the insurability of the Living Unit which shares a party wall with his/her Living Unit. ARTICLE III - PARTY WALLS Section 1. General Rules of Law to Apply. Each wall which is built as part of the original construction of any Living Unit upon the Properties and placed on the dividing line between two (2) Living Units shall constitute a party wall and to the extent not inconsistent with the provisions of this Article, the general rules of law regarding party walls and of liability for property damage due to negligent or willful acts or omissions shall apply thereto. Section 2 . Shares of Repair and Maintenance. The cost of reasonable repair and maintenance of each party wall shall be shared by the Owners who make use of the wall in proportion to their ownership and use. 2 i Section 3 . Destruction by Fire or Other Casualty. If a party wall is destroyed or damaged by fire or other casualty or by physical deterioration, any Owner who has used the wall may restore it, and shall have an easement over the adjoining Living Unit for purposes of making such restoration, and if other Owners thereafter make use of the wall, they shall contribute to the cost of restoration thereof in proportion to such use without prejudice, however, to the right of any such Owner to call for a larger contribution from other Owners under any rule of law regarding liability for negligent or willful acts or omissions. Section 4. Weatherproofing. Notwithstanding any other provision of this Article, any Owner who by his/her negligent or willful act, causes any party wall to be exposed to the elements or excessive heat or cold shall bear the whole cost of furnishing the necessary protection against such elements or heat or cold, and of repairing the party wall from damage caused by such exposure. Section 5. Right to Contribution Runs with Land. The right of any Owner to contribution from any other Owner under this Article shall be appurtenant to the Lot and shall pass to such Owner's successors in title. Section 6. Arbitration. In the event of any dispute arising concerning a party wall, or under the provisions of this Article, each party shall choose one arbitrator and such arbitrators shall choose one additional arbitrator, and the decision of a majority of all the arbitrators shall be final and conclusive of the question involved. If either party refuses or fails to promptly appoint an arbitrator, the same may be appointed by any judge of the District Court, Anoka County, Minnesota. Arbitration shall be in accordance with the rules of the American Arbitration Association. Section 7. Encroachment. If any portions of a Living Unit or any Lot shall actually encroach upon any other Lot, or if any such encroachment shall hereinafter arise because of settling or shifting of the building or other cause, there shall be deemed to be an easement in favor of the owner of the encroaching Living Unit to the extent of such encroachment so long as the same shall exist. Section 8. Mechanics Liens. Each Owner of a Living Unit ("Defaulting Owner") agrees to indemnify and hold harmless the Owner of an adjoining Living Unit for any mechanics' liens arising from work done or material supplied to make repairs or replacements for which the Defaulting Owner is responsible. 3 ARTICLE IV - OTHER PROVISIONS GOVERNING RELATIONSHIP AMONG OWNERS OF ADJOINING LIVING UNITS Section 1. Insurance - Replacement. Each Owner shall maintain fire and extended coverage insurance on his/her Living Unit in the full replacement cost thereof and shall, in the event of damage to or destruction of his Living Unit, restore it to the condition in which it was prior to the damage or destruction, and each owner shall file a copy of said policy of insurance with the other parties sharing the "Party Wall" . Section 2 . Maintenance. Each Owner of a Living Unit °shall maintain his/her Lot, and the exterior of his/her Living Unit in good condition and repair and in a clean and neat condition and subject to all the conditions hereinafter set forth in Section 3 and in accordance with all City Codes and ordinances. Section 3 . Architectural Control. (a) The Owner of a Living Unit may replace exterior components of his/her Living Unit with similar components of the same design and color, and may paint the exterior of his/her Living Unit with paint of the existing. color of the exterior, but he/she may not, either in the course of ordinary replacement or remodeling or restoration after damage or destruction, employ different siding or roofing material or a different color scheme, without the consent of the Owner of the adjoining Living Unit and of the City Council of the City of Fridley. (b) In the event of any dispute arising concerning a change in siding or roofing material or color scheme, each party shall choose one arbitrator, and the decision of a majority of all the arbitrators shall be final and conclusive on the question involved. The Arbitrators ' decision shall be based on their determination as to whether the proposed siding or roofing material or color scheme is in harmony with the design of the adjoining Living Unit. If either party refuses or fails to promptly appoint an arbitrator, the same may be appointed by any judge of the District Court, Anoka County, Minnesota. Arbitration shall be in accordance with the rules of the American Arbitration Association. The cost of arbitration shall be borne equally by the parties. (c) The City of Fridley shall be notified in writing at least 30 days prior to any arbitration hearing and shall have the right to present evidence regarding any architectural disputes in order to protect the health, safety, and general welfare of its residents and the property values of the neighborhood. 4 ARTICLE V - GENERAL PROVISIONS Section 1. Enforcement. Any Owner or the City of Fridley shall have the right to enforce, by any proceeding at law or -in equity, or both, all of the terms and provisions of Article II and Article IV of this Declaration, and the Owner of the Living Unit shall have the right to enforce, by any proceedings at law or equity, or both, all of the terms and provisions of Article III and IV of this Declaration. Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant either to restrain violation or to recover damages. The City of Fridley shall not be entitled to recover damages but may obtain an injunction or restraining order to protect the public health, safety, and general welfare. Section 2 . Severability. Invalidation of any of these covenants by judgement or court order shall in no way affect any of the other provisions, which shall remain in full force and effect. Section 3 . Amendments. These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten years unless an instrument signed by a majority of the then Owners of the Lots and approved by the City Council of the City of Fridley has been recorded, agreeing to change said covenants in whole or in part. 5 M IN /WJTNESS WHEREOF, the parties have hereunto set their hands this day of 1992 . `— (19 by its The foregoing instrument was acknowledged before me this /3 day of , 1992, by Moharram Akbari, a married person. Notary Pub c �ora��ueus A STEARNS COUNTY taiuntssica City of Fridley by William J. Nee Mayor by William W. Burns - City Manager State of Minnesota ) ) ss County of Anoka ) On this /��`� day ofPatd�t�C�on i , 1992, before me, a Notary Public within and forpersonally appeared William J. Nee and William W. Buo me personally known, who, being each duly sworn, they did say that they are respectively the Mayor and the City Manager of the City of Fridley, the municipal corporation named in the foregoing instrument, and that the seal affixed to said instrument was signed and sealed in behalf of said m7�}nicipal 't by authors of it ouncil, and said /,� Q and GcJC�(�c 11�,�_� �acknowledged said instrumen to be the free act of said murficipality. Notary Public AAAIIJA ,. ROBERTA COWNS .� NOTARY PUKX•MINNESOTA ANOKA COUNTY My Comm.Exp.Oct 21IWWWWWWWWWWWWWYMM .1903 6