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LS84-07 20 • CITY OF FRIDLEY, SUBJECT LOT SPLIT LS / - 1 6431 UNIVERSITY AVE. NE. FRIMEY. MN. F5s43t Isvn.671-3450 RECORDED: f ADDRESS:, a` __ _ � .c� - DATE: PLANNING COMMISSION: APPROVED DISAPPROVED DATE NO CITY COUNCIL: APPROVED DISAPPROVED DATE NO PARK FEE REQUIRED: - AMOUNT PAID STIPULATIONS: FEES /00 RECEIPT NO_AY&�2- NAME PROPERTY OWNER(S) u ��- yi`i- .67,,6;-irELEPHONE NO / o��,u/ Y 3� ADDRESS(ES)_ PROPERTY LOCATION ON STREET LEGAL DESCRIPTION OF PROPERTY C.� . , % 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. 9 DATE: SIGNATU �p 1) 4 4) 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 instructio LOT SPLIT APPLICATION PROCEDURE 1. Obtain application fora 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. IMPk. 15 B Q Asa .SURVE �C FOR = BTTANCICIN CONSTRUCTION, IN4. 60.37 z I I h I h I � h rt n I PI SCALE I 4Q• y o' 6 0.16 M � 57 T'H PLACE x PARCEL A { 1. o T 4 A N O TN 6 W FE S-r 1-AA I-F- O F L O T 5, E5L o C-K 4, C %-ry V%EW , AMOKA C.OuNTy MINNESOTA . file 0 flF-wo.TG! IRbN MOML1Mf,p!T S <T 1 hereby certify that this survey, plan plat,preliminary plat or report was prepared by me or under ` my direct supervision and that I am a duly Registered Land Surveyor under the laws of the State Of innesota. /o83Z ; y/y //, /w 4 C. e- 4 ,A Reg. No. Date Jots No. Book No. 15 �KaVAX ague � U-RvEY F0 Ft % eFtN1zaw CON STRUCTtON1 Iti¢ �0.98'Mc�s. h � � n SCAL ^ 'd E ac k o' � h n PLAr-L i PARCEL B t.._OT 6 An►p TN,--- BAST HALF OF LOT 5, BLOCK CTr V1F: W � ANOKA CaUn-rY i MINNESOTA �s r• O r->LNO TLf loco" MOt1 U INT-NT v I hereby certify that this survey, p6n plat,preliminary plat or report was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the laws of the State Of Yinnesota. ; k 10832 ` 6- 4gt�l et 1 Reg. No. Date Job No. Book No. JEWS&IW zo o Z Z Slifr S9gp L.S. #84-07 Brandon Constr. 7 Js / 42 D 7 va i • _ / y sl '��" 51t� g1�� SUSJ!S S9?4 �+ ixt8 , SS --- _`t40 5$7 tt • 1,r..1,,. 5 p "" 59 TN VE. N.E. �, t �~ 44 APO 45 Q z c __��•_ _.��E. mac__ 14 3 3A 561 6 14 law r �° S sago ?oma: , Z •; e � � r � - 5�� sago � ' 57 fz� AVE. N.E ,.r,. r. �+ �f: s- ;/ ► / 2 3 4� -4 d 7 I.v // F' ' Im I j I SSS 1 s 9 _ 4 ' %GIE U PLACE �i «• „ _ z. LAND ►�; S.ja g� y ue 2 3 4 S 7 /Z!/ /I / 2 ♦ 'f f 9 .n 44 ��0 —-- S TW-AVENUE N.E. -- -- -- - 23 i ��„ . ,� �'� ` CERTIFICATION OF STATUS OF SUBDIVISION OF 1. Property PIN No. ,�3- .�o-a�/-ay-�D�o2 Plat No. Parcel No. 2. Applicant V)n T9.1Tele. No. 3. Type of Document: D Deed Contract for Deed Other (Specify) ,Ylq tA,��(L1 4. Date of Document S. Grantor: 6 . Grantee : 7. Received by City Clerk ofY1�I' ' Date : Time : By: 8. Action by City: Approved: Rejected Date : Date : Time: Time : By: By: (If approved - complete stamp on Document) ' 9 . Reasons : (Cross out inappropriate words) a. Subdivision Regulations e01111- apply. b. Subdivision (apg a - notapproved. (If approved - attach certified .copy of Resolution. ) c. Restrictions -ed� - not waived) by Council. (If waived - attach a certifies: 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) ETY OF FRIDLEY, COMMISSION APPLICATION MINNESOTA REVIEW p (sicn Number / evoqe Approved by FI NO/ ADDRESS FI ATE COMPLETE REVIEW CHECKLIST ,Qd p ;�;%7 1-7 RETURN TO PLANNING �, S,G, `-- el 414- DUE DATE �rx COMMENTS Darrel , Mark Clyde, - John ElLeon 6t 0 rli l IwAje6 P; /e)A,) : Aw/1"2 G �`'� - , s � 2 V'+ r CAA 51j 7L 16 S � o 1 'C wds r11E,.t fur record i►► this offs e i the 28tl t7t ' November A.D. 1887 at (� o_cl RAT !r ook of Plats ° -'• per'. Rn9. of Deeds foV42county 0•' L.S. #84-07, Brandon Construction 23 4a - ..411 - 57 `----------.�.� ---- _ Vol 13 2 S` 10, --� G 0 , _ __ ___�_� _ j 4v 57 +k FLAG T�� 40 -T� gr 40 4* _T_or ! '"- -1 -k ♦i ., �i k f the sorrtf'v t4ve sty-{ive (25) acres oft lie - _-___-- In torYT,s,Jp Thirty (30) of Range of Ara,-, and State of Minnesota, and varying Instrument at dedication, as s a true and correct alat of the same; hundred feet to the inch; S of a.foot; and that Vhave fixed a stone 15C•AL_L +� ' Ion lock tx►mbered One (1) from which to snake ' B PLANNING COMMISSION MEETING, JUNE 6, 1984 PAGE 6 Ms. Schnabel stated they did not know what was going to happen in the future. She agreed land was not easy to come by, but she still felt the Planning Commission had an obligation to preserve the neighborhoods. Mr. Kondrick stated that because of the trees on the to , he did not find this as obje tionable as he would if it was up about o blocks. He stated he did feel his was the best use for the property opposed to having nothing ther . He would be in favor of the lot s it, even though it was going to crea e some problems for the Appeals C ission. However, he would be in favor o a stipulation that the garage moved to the side of the existing house. Mr. Saba stated h agreed with Mr. Kondr'ck. He stated this is a very unique area, and there is not a lot of confor ance in that whole area. His main concern was the gar e in front of t e existing house. He would be in favor of the lot split wit the stipulat' n that the garage be moved to the side of the existing house. Ms. Gabel stated they wil be reating a "monster" if this lot split is granted and it there goes on o the Appeals Commission. MOTION BY MR. KONDRICK, S CON D BY MR. SABA, TO RECOMMEND TO CITY COUNCIL APPROVAL OF LOT SPLIT QUEST, S. #84-05, BY JOHN HITCHCOCK, TO SPLIT OFF THE SOUTHERLY 84 FT. LOT 8 H, ECOND REVISED AUDITOR'S SUBDIVISION NO. 21, TO MAKE A NEW BUIL DI G SITE AT 95 MISSISSIPPI STREET N.E. (OTHER LOT WILL BE CHANGED TO 6530 OA Ir Y DRIVE N.E.) , ITH THE FOLLOWING STIPULATIONS: 1. APPROVAL F VARIANCES CREAT BY LOT SPLIT 2. EXISTIN STRUCTURE (NOW FP_CIN MISSISSIPPI ST.) TO HAVE NEW ADDRESS ON OAK Y AFTER LOT SPLIT 3. SIGNED PARK FEE AGREEMENT FOR ON NEW LOT OF $750 4. LOT SP IT TO BE REGISTERED WITH THS` COUNTY PRJ-OR TO ISSUANCE OF A BUILD- Pr,RMIT' OCTOBER 15, 1984 IS DEADLINE TO SPLIT 1985 TAXES. 5. EXIST NG GARAGE TO BE MOVED FROM PRESEI:T LOCATION TO A LOCATION SOUT OF THE PRESENT HOUSE THAT IS CONT UOUS WITH THE ZONING ORDINANCE. 6. NEW HOUSE ON THE NEW LOT TO BE SET BACK ADDITIONAL 5 FT. TO 40 FT. ( OPPOSED TO 35 FT.) FROM OAKLEY DR. , B D UPON WHERE THE EXISTING G GE IS RELOCATED. UPON A V ICE VOTE, KONDRICK, SABA, AND MINTON, VOTING AYE, SCHNABEL AND GABEL VOTING AY, CHAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIED. Ms. hnabel stated the variances would go to the Appeals Commission on June' 12. The lot split request and the variances would then go to the City Council in one package_°nJ_u_1`12. 3. LOT SPLIT REQUEST: L.S. #84-07 BRANDON CONSTRUCTION COMPANY: Split Lot 5, Blocfc 4,�Ci ew in -half and add one half to Lot 4 and one half to Lot 6, to make two residential sites, the same being 411 ana 415 57th Place N.E. PLANNING COMMISSION MEETING, JUNE 6, 1984 PAGE 5 Mr. Hitchcock stated he could see a problem if they were proposing to con- struct an auxiliary building in the front yard--something the neighborhood would be upset about. He was not sure what Ms. Gabel was objecting to. Ms. Gabel stated she was clearly concerned about the garage in the front yard. She felt it was inconsistent with the Comprehensive Plan and the total planning for the City. The visual impact is that people cannot see the house from the street, only the garage. She stated her other concern was that the Planning Commission's granting of the lot split was what was creating the variances. If the Planning Commission does not grant the lot split, there is no need for the variances. What is the position of the Appeals Commission in denying the variances when the City has granted the lot split? She stated she was very uncomfortable about granting the front yard variance for a garage in the front yard. Mr. Hitchcock asked if Ms. Gabel would be more willing to look at this if he moved the garage to the side of the house. Ms. Gabel stated, yes, she would be more willing to take a look at this if the garage was moved to the side of the house. Mr. Hitchcock stated he was not convinced that moving the garage was going to improve the looks of the property, but he would do whatever was necessary. Mr. Robinson stated that if the garage was moved, there would be quite a difference between the proposed house and the existing house. The petitioner might want to consider moving the proposed house back 5 ft. to make it more consistent with the existing house and the new house to the north on Oakley. Ms. Schnabel stated she was very reluctant to grant the lot split. She honestly had a hard time visualizing a house going in on the corner of Mississippi and Oakley in front of all the rest of the homes in that two block area. She felt it would dramatically change the nature of the street. It was really inconsistent with the neighborhood. Mr. Hitchcock stated that considering the fact that they are in conformance with the homes on Oakley Dr. , could the Planning Commission impose something that was stronger than the code? Ms. Schnabel stated the Planning Commission can only make recommendations to the City Council . Then all the legalities have to be handled by the City Council who has legal counsel . The Planning Commission does not have that legal counsel . The Planning Commission can only go by what the Zoning Code says which does not give them legal expertise. Mr. Hitchcock stated that because of the demand for land being what it is, he believed that at some future time it was likely that this same kind of lot split would be proposed for the other side of the street on Oakley. If Fridley wants new construction, it is going to have to work with these types of things. PLANNING COMMISSION MEETING, JUNE 6, 1984 PAGE 7 Mr. Robinson stated there are three existing lots on 57th Place, located just east of TH #47. The petitioner is requesting that the middle lot, Lot 5, be split in two, and that 20 feet be tiven to each of the adjoining lots to make two 60 ft. residential lots. The lots are each 40 feet by 140 ft. Total square footage of the three lots right now was 16,860, yielding two lots each at 8,430 sq. ft. Since this plat was recorded in 1887, the Code states that 50 foot widths or greater and 7,500 sq. ft. or greater, are allowed, so even though the proposed lots would not be up to today' s code, they are acceptable because the are was platted prior to December, 1955. Mr. Robinson stated there are several 60 ft, lots in the area, so this would be in scale with the neighborhood and would meet all setback requirements. Mr.Robinson stated Staff would recommend the following stipulations: 1 . Signed park fee agreement for one lot of $750 2. Houses to face 57th Place (as others on double frontage block) 3. Lot split to be registered with the Count prior to issuance of a building permit. October 15, 1984 is dealing to split 1985 taxes. Mr. John Dunphy stated he was representing Brandon Construction. He stated he believed this was a very simple lot split. If everything goes well , the builder would like to start construction the first half of July. He stated he felt these new homes would really improve that neighborhood. MOTION BY MR. KONDRICK, SECONDED BY MR. SABA, TO RECOMMEND TO CITY COUNCIL APPROVAL OF LOT SPLIT REQUEST, L.S. #84-07, BY BRANDON CONSTRUCTION COMPANY, TO SPLIT LOT 5, BLOCK 4, CITY VIEW, IN HALF AND ADD ONE HALF TO LOT 4 AND ONE HALF TO LOT 6, TO MAKE TWO RESIDENTIAL SITES, THE SAME BEING 411 AND 415 57TH PLACE N.E. , WITH THE FOLLOWING STIPULATIONS: 1. SIGNED PARK FEE AGREEMENT FOR ONE LOT OF $750 2. HOUSES TO FACE 57TH PLACE 3. LOT SPLIT TO BE REGISTERED WITH COUNTY PRIOR TO ISSUANCE OF A BUILDING PERMIT. OCTOBER 15, 1984 IS DEADLING TO SPLIT 1985 TAXES. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Schnabel stated this request would go to City Council on June 18. 4. RECEIVE MAY 10, 1984,, HOUSING & REDEVELOPMENT AUTHORITY MINUTES: MOTION BY MR. SABA, SECONDS Y MR. DRICK, TO RECEIVE THE MAY 10, 1984, DOUSING & REDEVELOPMENT AUTHOR INUTES. UPON A VOICE VOTE, ALL ING AYE, C IRWOMAN SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. PLANNING COMMISSION MEETING, JUNE 6, 1984 PAGE 8 5. RECEIVE MAY 14, 1984, PARKS & RECREATION COMMISSION MINUTES: MOTION BY R. KONDRICK, SECONDED BY MR. MINTON, TO RECEIVE THE MAY 14, 1984, PARKS & RE REATION COMMISSION MINUTES. Ms. Gabel s ated that in reading the Parks & Recreation Commission minutes, she was quit concerned about the possibility that the beach house at Moore Lake would b torn down and not be reconstructed and the possibility that the beach would not be guarded. She stated the beach is really used, and there are rea ly too many people using the beach and the lake to not have a lifeguard. Mr. Kondrick st ted there were alot of questions about the use of the beach, the lake, and t beach house. He stated' that at this time, this is all just discussion nd nothing has been decided. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSL . 6. RECEIVE MAY 15 198 ENVIRONMENTAL QUALITY COMMISSION MINUTES: MOTION BY MR. MINTON, SECONDED BY MS. LABEL, TO RECEIVE THE MAY 15, 1984, ENVIRONMENTAL QUALITY COMMISSION MINUTES. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. 7. RECEIVE MAY 22, 1984, EN GY COMMISSION MINUTES: MOTION BY MR. SABA, SECOND D BY MR. KONDRICK, TO RECEIVE THE MAY 22, 1984, ENERGY COMMISSION MINUTES. UPON A VOICE VOTE, ALL VOTIN AYE, CHAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. 8. RECEIVE MAY 29, 1984 APPEALS OMMISSION MINUTES: MOTION BY MS. LABEL, SECONDED B MR. MINTON, TO RECEIVE THE MAY 29, 1984, APPEALS COMMISSION MINUTES. UPON A VOICE VOTE, ALL VOTING AYE,\CHAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. ADJOURNMENT: \ MOTION BY MR. KONDRICK, SECONDED BY MR. MINT�N, TO ADJOURN THE MEETING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE JUNE 6, 1984, PLANNING COMMISSION MEETING ADJOURNED AT 9:30 P.M. Respectfully su mitted, i Lyn Saba, Recording Secretary COUNCIL• MEETING OF JUNE 18, 1984 permit to allow construction of a garage would affect the court' s determination as to whether there was, at the time the action was started, a violation of the ordinances. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 7B, LOT SPLIT- REQUEST L. S. #84-07. 0 SPLIT LOT 9. BLOCK AND A AT 411 AND 415 57TH PLACE ADD N.E. . BRANDON CONSTRUCTION COMPANY: Mr. Flora, Public Works Director, stated this is a request to split three existing lots into two new lots by splitting the middle lot and taking 20 feet to be added to each of the adjoining lots making two 60 foot residential lots. Mr. Flora stated the Planning Commission recommended approval of the lot split with three stipulations regarding the park fee for $750 ; the houses are to face 57th Place; and the lot split to be registered with the County prior to issuance of a building permit. Mr. Flora stated the staff would add the additional stipulation that when the lots are registered with the County, they be registered as individual lots and two sites, instead of three sites. Mr. Jack Dunphy, representing the builder, stated the petitioner is in agreement with the stipulations. MOTION by Councilman Hamernik to concur with the recommendation of the Planning Commission and grant lot split, LS X84-07 with the following stipulations: ( 1) a signed park fee agreement for one lot of $750; (2) the houses are to face 57th Place; and (3) the lot split to be registered with the County, prior to issuance of a building permit, and to be registered as two sites instead of three. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Fitzpatrick to receive the minutes of the Planning Commission meeting of June 6, 1984. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8. RECEIVING THE MINUTES OF THE CABLE TELEVISION MEETING OF MAY 17 1984• MOTION by Councilman Schneider to receive the minutes of the Cable Television Commission meeting of May 17 , 1984. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8.1 CONSIDERATIONN OF A VARIANCE ON TEST POINTS FOR THE CABLE SYSTEM: MOTION by Councilman Fitzpatrick to concur with the recommendation of the Cable Television Commisison and grant the variance petition by Storer Company for a variance of test points in the cable system. Seconded by -12- COUNCIL• MEETING OF JUNE 18, 1984 came from the point of non-acceptance to where a proposal was made that was acceptable. He stated he felt Mr. Radabough should get credit for really persevering and keeping his cool and the Eberhard' s were reasonable and understanding since they were most directly affected. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. NEW BUSINESS: 7. RECEIVING MINUTES OF PLANNING COMMISSION OF JUNE 6 1984• 7A. SPECIAL USE PERMIT SP #84-10 TO ALLOW THE CONSTRUCTION OF A GARAGE IN CRP 2 ZONING (FLOOR FRINGE) 650 ELY STREET BY MARY ERICKSON• It was announced that it was necessary for the petitioner to leave the meeting and she requested this item be tabled until she could be present. Councilman Fitzpatrick questioned if this was going to be approved, if staff was aware of any problems. Mr. Flora, Public Works Director, stated the petitioner was present at the Planning Commission meeting and accepted all the stipulations. She had stated she didn' t feel the stipulation regarding the completion date of September 1 , 1984 was necessary as she was ready to begin as soon as the special use permit was approved. MOTION by Councilman Fitzpatrick to concur with the recommendation of the Planning Commission and grant special use permit, SP #84-10 with the following stipulations: ( 1) need to waterproof to required evaluation of 825.25 feet; this may consist of two additional courses of black or the use or water resistant wood;- (2) structure should be securely anchored with anchor bolts; (3) driveway to garage be paved with concrete or asphalt material (4) garage be completed by September 1 , 1984 ; and (5) petitioner will eliminate the continuing outdoor storage and curbside parking problems. Seconded by Councilman Hamernik. Mr. Qureshi, City Manager, stated this is property where there has been a long history of outdoor storage of materials and items on the street right-of-way. He stated the City is seeking compliance with the ordinances and some of the violations are being pursued through the court system. Mr. Qureshi asked the City Attorney if this action would have a dampening effect on the City's court actions. Mr. Herrick, City Attorney, stated this action to approve the special use permit shouldn' t have any affect per use. He stated he didn't know whether the construction of the garage would have a physical impact on the condition of the lot, but hopefully, the material presently outside would be placed inside this structure. He stated he didn' t feel granting this special use -11- 15 RESOLUTION NO. 92- 1984 RESOLUTION APPROVING A SUBDIVISION, LOT SPLIT, L.S. #84- 07, TO SPLIT LOTS 4, 5, AND 6, BLOCK 4, CITY VIEW, INTO PARCELS A AND B, TO MAKE TWO BUILDING SITES AT 411 AND 415 57TH PLACE N.E. WHEREAS, The City Council approved a lot split at the June 18, 1984 meeting; and WHEREAS, such approval was to split Lots 4, 5 and 6, Block 4, City View, into Parcels A and B, described as follows: Parcel A: Lot 4 and the West Half of Lot 5, City View, the same being 411 57th Place N.E. , and Parcel B: Lot 6 and the East Half of Lot 5, Block 4, City View, the same being 415 57th Place N.E. WHEREAS, The City has received the required Certificate of Surveyfrom Brandon Construction Company, and WHEREAS, such approval will make two new residential building sit s. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of ridley that the City Council directs the County of Anoka to record this lot s lit within six months of this approval or else such approval shall be null an void. I PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS', 6th DAY OF Augus t, 1984. WILLIAM J. NEE - MAYOR ATTEST: SIDNEY C. INMAN - CITY CLERK 3/7/21/1 r CITY OF FM DLLY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E., FRIDLEY, MINNESOTA 55432 PHONE (612) 571-3450 J,wne 20, 1984 CITY COUNCIL ACTION TAKEN NOTICE Brandon Constructior Company 322 Sunrise Lane Champlin, MN 55318 On On June 18, 1984 the Fridley City. Council officiall a oved your request fora Lot Split, L.S. #84-07, to split Lot 5, !clock 4, Cy�t� view, and add half to Lot 4 and ha17 to Lot 6, to make two re MftTZi t-es 411 did 415 with the following stipulations: 1. Signed park fee agreement for one lot of $750.00 X13 -7 2. Houses to face 57th Place 3. Lot split to be registered with County prior to issuance of a building permit. October 15, 1984 is deadline to split 1985 taxes.* 4. Combine parcel into two statements, and pay any outstanding service assessments. * The City must receive an accurate survey of the two lots before a Resolution can be passed by the City Council . This resolution must be passed before the lot split can be recorded at the County. cc: Mr. & Mrs. Leo Schahn John Dunphy If you have any questions regarding the above action, please call the Planning Department at 571-3450. S'ncerely, JAMES L. BINSON PLANNING SPECIALIST JLR/de Please review the noted stipulations, sign the statement below and return one copy to the City of Fridley. Concur with action taken. 1 P STATE Or MINNESOTA CITY COUNCIL PROCEEDINGS CITY OF FRIDLEY In the Matter of Lot Split, L.S. #84-07 C 6S-.397 to split Lot 5, Block 4, City View and add half PLAY LOT SPLIT to Lot 4 and half to Lot 6, Block 4, City View Brandon Construction Company Owner The above entitled matter came before the City Council of th City of Fridley and was heard on the , day of June 184 , on a petition for a plat pursuant toe ty of Frid ey s Platting Ordinance, for the following described property: Split Lot 5 and add half to Lot 4, and half to Lot 6, Block 4, City View IT IS ORDERED that a plat be granted as upon the following conditions or reasons: See City Council minutes of June 18, 1984 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 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 /�%,�( day of Irl cN 19 r . DRAFTED BY: City of Fridley 6431 University Avenue N.E. �— Fridley, MN 55432 SIDNEY C. N, CITYCLERK; (SEAL) . • • COUNCIL MEETING OF JUNE 18, 1984 , permit to allow construction of a garage would affect the court' s determination as to whether there was, at the time the action was started, a violation of the ordinances. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 7B, - T LOT 5, BLOCK AND ADD A AT 411 AND 415 57TH PLACE N_F. BRANDON CONSTRUCTION COMPANY: Mr. Flora, Public Works Director, stated this is a request to split three existing lots into two new lots by splitting the middle lot and taking 20 feet to be added to each of the adjoining lots making two 60 foot residential lots. Mr. Flora stated the Planning Commission recommended approval of the lot split with three stipulations regarding the park fee for $750 ; the houses are to face 57th Place; and the lot split to be registered with the County prior to issuance of a building permit. Mr. Flora stated the staff would add the additional stipulation that when the lots are registered with the County, they be registered as individual lots and two sites, instead of three sites. Mr. Jack Dunphy, representing the builder, stated the petitioner is in agreement with the stipulations. MOTION by Councilman Hamernik to concur with the recommendation of the Planning Commission and grant lot split, LS X84-07 with the following stipulations: (1) a signed park fee agreement for one lot of $750; (2) the houses are to face 57th Place; and (3) the lot split to be registered with the County, prior to issuance of a building permit, and to be registered as two sites instead of three. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Fitzpatrick to receive the minutes of the Planning Commission meeting of June 6, 1984• Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8. RECEIVING THE MINUTES OF THE CABLE TELEVISION MEETING OF MAY 17, 1984_ MOTION by Councilman Schneider to receive the minutes of the Cable Television Commission meeting of May 17 , 1984 . Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8.1 CONSIDFRATIONN OF A VARIANCE ON TEST POINTS FOR THE CABLE SYSTEM: MOTION by Councilman Fitzpatrick to concur with the recommendation of the Cable Television Commisison and grant the variance petition by Storer Company for a variance of test points in the cable system. Seconded by -12- r r t COUNCIL• MEETING OF JUNE 18, 1984 came from the point of non-acceptance to where a proposal was made that was acceptable. He stated he felt Mr. Radabough should get credit for really persevering and keeping his cool and the Eberhard' s were reasonable and understanding since they were most directly affected. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. NEW BUSINESS• 7, gECEIVING MINUTES OF PLANNING COMMISSION OF JUNE 6, 1984: 7A. SPECIAL USE PERMIT, SP #84-10, TO ALLOW THE CONSTRUCTION OF A GARAGE IN CRP-2 ZONING (FLOOR FRINGE) 650 ELY STREET BY MARY ERICKSON: It was announced that it was necessary for the petitioner to leave the meeting and she requested this item be tabled until she could be present. Councilman Fitzpatrick questioned if this was going to be approved, if staff was aware of any problems. Mr. Flora, Public Works Director, stated the petitioner was present at the Planning Commission meeting and accepted all the stipulations. She had stated she didn't feel the stipulation regarding the completion date of September 1 , 1984 was necessary as she was ready to begin as soon as the special use permit was approved. MOTION by Councilman Fitzpatrick to concur with the recommendation of the Planning Commission and grant special use permit, SP X84-10 with the following stipulations: (1) need to waterproof to required evaluation of 825.25 feet; this may consist of two additional courses of black or the use or water resistant wood;- (2) structure should be securely anchored with anchor bolts; ( 3) driveway to garage be paved with concrete or asphalt material (4) garage be completed by September 1 , 1984 ; and (5) petitioner will eliminate the continuing outdoor storage and curbside parking problems. Seconded by Councilman Hamernik. Mr, Qureshi, City Manager, stated this is property where there has been a long history of outdoor storage of materials and items on the street right-of-way. He stated the City is seeking compliance with the ordinances and some of the violations are being pursued through the court system. Mr. Qureshi asked the City Attorney if this action would have a dampening effect on the City's court actions. Mr. Herrick, City Attorney, stated this action to approve the special use permit shouldn't have any affect per use. He stated he didn't know whether the construction of the garage would have a physical impact on the condition of the lot, but hopefully, the material presently outside would be placed inside this structure. He stated he didn' t feel granting this special use -11- 668397 Numerical Grantor Grantee Recorded Checked Margin Tr. lnde� OFFICE OF COUNTY RIECORIDER STATE OF MINNESOTA, C0U',H-I,'Y OF ANT(A I hereby certify that the wifh;�n rilleM, WaS fi 4-1-4zi for record on the A. 19 -il—oclock hLI., -ndwasdulyrelcordecl in book-- page C WAY 4�� WAY Recorder BY—A�UD*utj City of Fridley 6431 University Avenue NE Fridley, Minnesota 55432 Attn: Planning Department If 6/19/84 Memo To: Dorothy From: Jean Lot Split Request L.S. #84-07, to split Lot 5, Block 4, City View, and add half to Lot 4 and half to Lot 6, at 411 and 415 57th Place NE. . .Brandon Construction Co. Council Action: 6/18/84 Approved with three stipulations: 1. Signed park fee agreement for one lot of $750.` 2. Houses to face 57th place 3. Lot split to be registered with County prior to issuance of a building permit. October 15, 1984 is deadline to split 1985 taxes . Also: Combine parcel into 2 tax statements, and pay any outstanding service assessments.