LS83-05 10
• CITY OF FRIDLEY, SUBJECT LOT SPLIT LS f g3
6431 UMVCRSITr AVE. NB.
FRIMay. mm. 654%3e 661zk5"-a"5e RECORDED:
ADDRESS: 51� )'---C ��_ sir a.. QATE: .z
JP=
PLANNING COWISSION: APPROVED DISAPPROVED DATE NO________
CITY COUNCIL: APPROVED DISAPPROVED LATE — NO
PARK FEE REQUIRED: AMOUNT PAID
STIPULATIONS:
NAME S:AY / =J,� L 1' FEE RECEI PT NO o /
PROPERTY OWNER(S) %h 11/� <_ ei lli l 6 a 619 '�y7-7o-z, TELEPHC NE NO >'7 r�s
TELEPH NE NO
ADDRESS(ES)_ �� �'� I f' r'r`L;".r-
PROPERTY LOCATION ON STREET 5'/f ea--w.
LEGAL DESCRIPTION OF PROPERTY La �-J 2 �' 9 u-�+d :? 0j 1y L.d<« �r ��tip•,r L 1,1
TOTAL AREA OF PROPERTY PRESENT ZONING je' 3
REASON FOR LOT SPLIT ?"e h�• i L�• /� U11-1 t f fur-
The undersigned hereby declares that all the facts and representa ions stated in this
application are true and correct.
PIP
DATE: D — /,SIGNATURE
\
NOTICE: A sketch of the property and the p posed lot it with any existing struc-
tures shown should accompany this application.
(See reverse side for additional instructions)
LOT SPLIT APPLICATION PROCEDURE •
1. Obtain application form at City Hall (6431 University Avenue N.E., Fridley).
2. Return completed application form with the required sketch of the property
Involved and the lot split fee of $75.00 for each original lot being split.
3. The application will be checked over by Staff and the owner may be required
to submit a Certificate of Survey containing a simple description of a part
Of a platted lot or registered lot, along with the new parcels created with
all existing structures tied in.
4. The application will then be submitted to the Planning Commission for their
recommendation. The Planning Commission meets on the Wednesday following
the City Council meeting, which is generally the first and third Wednesdays
of the month.
5. The recommendations of the Planning Commission are submitted to the City
Council for final action. If a Certificate of Survey wasn't required before,
it will be required for this meeting. The City Council meets on the first
and third Mondays of the month.
6. The City Council approval may be subject to certain stipulations which must
be complied with by the applicant.
7. A letter will be sent to the applicant to notify him of the Council action
and to advise him to comply with the conditions imposed by the City. The
letter will also contain any necessary deeds for easements and other pertinent
papers for his signature.
8. When all the conditions of the lot split have been complied with, the applicant
should file the lot split in Anoka County.
9. In all cases where Council action has been sought and denied, no petition for
identical action can be presented until a period of six months has elapsed.
NOTE: THE RESULTING REAL ESTATE TAXES AND SPECIAL ASSESSMENTS FOR
THE NEW PARCELS IN TOTAL AFTER THE LOT SPLIT MAY EXCEED THE
AMOUNT ASSESSED TO THE ORIGINAL PARCEL. THE FINANCE DEPARTMENT
OF FRIDLEY MAY BE ABLE TO PROVIDE THE ESTIMATED AMOUNT OF
ADDITIONAL TAXES OR ASSESSMENTS.
COIMSTOCK & DAVIS, INC.
CONSULTING ENGINEERS & LAND SURVEYORS
1446 COUNTY RD.J(85th AVE.N.E.)
MINNEAPOLIS,MINNESOTA 55432
TEL.:612-784-9346
Description of proposed right-of-way turn back by the City of Fridley to Star Homes.
All that part of Lots 29 and 30, Block 11, Hamilton's Addition To Mechanicsville,
Anoka County, Minnesota, according to the recorded plat thereof, taken for highway
purposes, described as follows:
Commencing at the northeast corner of said Lot 30; thence South 89 degrees
50 minutes 57 seconds West, assuming the south line of Lot 28 of said Block 11
bears West, along the north line of said Lot 30 a distance of 65.10feet to the
existing southerly right-of-way line of said highway and the point of beginning of
the land to be described; thence South 53 degrees 48 minutes 11 seconds West along
said right-of-way line a distance of 67.03 feet; thence South 19 degrees 59 minutes
07 seconds West continuing along said right-of-way line a distance of 26.02 feet
to a point on the west line of said Lot 29, thence North l degree 3, minutes
38 seconds West along the northerly extension of the west line of said Lot 29 a
distance of 39.60 feet; thence North 42 degrees 50 minutes 16 seconds East a
distance of 17.00 feet; thence North 66 degrees 34 minutes 31 seconds East a
distance of 30.00 feet to a point on the westerly extension of the orth line of
said Lot 30; thence North 89 degrees 50 minutes 57 seconds East along said westerly
extension a distance of 25.00 feet to the point of beginning. Containing 1,202.7
square feet.
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easements recorded or an re cordes! -
1 h...by fortify that this u a tru• and fume Ct r.pr.sentotlan of turvey of rhr boundarios of th• obvv%
drs.rih.d lund,a sd of ph. tocot,on a1 X11 hu.ldin�s, thrr.on, and all v.ssble encroachments, if uny, from w an
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Descriptions for L.S. #83-05 Lots 28, 29, 30, Block 11 , Hamilton's Addition to
Mechanicsville
"A" Lots 28, 29 & 30, Block 11 , Hamilton's Addition to Mechanicsville,
except the easterly 73 feet and that part taken for highway purposes.
"B" Lots 28, 29, & 30, Block 11 , Hamilton ' s Addition to Mechanicsville
except the westerly 58 feet and easterly 51 feet and that part taken for
highway purposes.
"C" Lots 28, 29 and 30, Block 11 , Hamilton' s Addition to Mechanicsville,
except the Westerly 80 feet and Easterly 29 feet.
"D" Lots 28, 29 & 30, Block 11 , Hamilton' s Addition to Mechanicsville,
except the westerly 102 feet.
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CERTIFICATION OF STATUS
OF SUBDIVISION OF
LAND
0025
1. Property PIN No. 23, 30, 24, 34 0023 0024 Plat No. Parcel No.
2. Applicant S/-6,-4k ter Lf� • Tele. No. tea, cj
3. Type of Document:
0 Deeds
D Contract for Deed
0 Other (Specify)
4. Date of Document
5. Grantor: Arl°
6. Grantee : /<' D 1Lq'1 ''^ -Y ° �'
7. Received by City Clerk of Fridley
Date : 12/2p/83 Time :
By: William S. Deblon
8. Action by City:
Approved: Rejected :
Date: 12/Z/83 Date :
Time: Time :
By: `y� �' L � �' y 4.1 S e 4 Lo y, By:
(If approved - complete stamp on Document)
9. Reasons : (Cross out inappropriate words)
a. Subdivision Regulations (do - do not) apply.
b. Subdivision (approved - not approved) . (If approved - attach
certified .copy of Resolution. )
c. Restrictions (waived - not waived) by Council. (If waived -
attach a certified copy of Resolution. )
10. Conditions Imposed:
0 Combination with PIN No. (Petit on of Owner
show d be at ached. )
® Others : (Specify) Record Declaration of Covenants, Conditi ns and Restrictions.
NOTE: IF SUBDIVISION INVOLVES TORRENS LAND, CONTACT THE E INER OF
TITLES AT COUNTY COURTHOUSE FOR FORM OF DESCRIPTION. (MINNESOTA
STATUTES SECTION 508. 47)
Fp
ITY NE FRIDLEY, COMMISSION APPLIC TION
MINNESOTA REVIEW
isipn Number Rev age Ap wed by
ESS
COMPLETE EV1EW CHECKLIST FIL N,pA�QJi _ FAL
REVIEWE
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RETURN TO PLANNING ��/�� , ---' DUE TE
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IN TERS TA TE 694 .
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CITY OF FRIDLEY
PLANNING COMMISSION MEETING, SEPTEMBER 14, 1983
CALL TO ORDER:
Chairwoman Schnabel called the September 14, 1983, Planning Commission meeting
to order at 7:34 p.m.
ROLL CALL:
Members Present: Ms. Schnabel , Mr. Al Gabel (for Mr. Oquist), Ms. Pat Gabel ,
Mr. Kondrick, Mr. Goodspeed, Mr. Saba, Mr. Svarda
Members Absent: None
Others Present: Bill Deblon, Associate Planner
Ken Thornton, 5571 E. Bavarian Pass
Steve Butgusaim, 6160 Kerry Lane
APPROVAL OF AUGUST 24, 1983, PLANNING COMMISSION MINUTES:
MOTION BY MR. KONDRICK, SECONDED BY MR. SVANDA, TO APPROVE THE AUGUST 24, 1983,
PLANNING COMMISSION MINUTES AS WRITTEN.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE MOTION
CARRIED UNANIMOUSLY.
1 . LOT SPLIT REQUEST - L.S. #83-05: By Michael O'Bannon, for Star Homes , Ltd. ,
o split URT-79—,, 29 and 30, Block 11 , Hamilton's Addition to Fridley Park,
into four building sites so the four unit building can be under separate
ownerships. (see complete legal in agenda), the same being generally located
at 5455 to 5461 - 4th Street N.E.
MOTION BY MR. KONDRICK, SECONDED BY MR. SABA, TO OPEN THE PULIC HEARING
ON L.S. #83-05 BY MICHAEL O'BANNON.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE PUBLIC
HEARING OPEN AT 7:38.P.M.
Mr. Deblon stated this property was located on 4th Street right nlext to the
freeway. This development had been before the Appeals Commission to obtain four
variances. The four variances were approved by the City Council on May 16, 1983.
Mr. Deblon stated the struciu4p is a 4-unit building with each unlit having a
garage entirely on each individual lot. He stated the structure was to be a
condominium, but there were circumstances having to do with the financing, timing,
and a delay in setting up a condominium that caused the applicant to apply for
a zero lot line request.
i
PLANNING COMMISSION MEETING, SEPTEMBER 14, 1983 PAGE 2
Mr. Deblon stated that in the City's subdivision regulations, l'there is a
zero lot line provision that was adopted in July 1982. This is the first
request for such a dwelling over two units. The City has approved zero lot
line requests for double bungalows, but this is the first reoLiest for a zero
lot line for a four-unit building. However, the subdivision regulations
provide for this type of action.
Mr. Deblon stated he believed the applicant has discussed further agreements
with the four owners about the general use of the green space. He did not
think the City's declaration of covenant directly addressed that common green
area, but the applicant is considering some type of clause tojaddress that.
Ms. Schnabel asked if there was anything in the zero lot line ordinance about
minimum square footage of each lot.
r. Deblon stated the subdivision regulations say the lots shall be "divided
as is reasonably possible with the restrictions in the existing guide A nes
the zoning chapter."
Mr. Deblon stated there is also some turnback property, and the applicant is
willing to accept that turnback property as the process continues.
Mr. Kondrick stated that apparently the owner is to execute and record
a declaration of covenant with additional restrictions as provided by the
City. Had the owner considered a guideline to prevent fences? With 22 ft.
widths on the two inside lots, that is pretty narrow.
Mr. Ken Thornton and Mr. Steve Butgusaim were representing Mr. O'Bannon.
Mr. Thornton stated that from his experience, it was not a concern; but if
it is a concern of the City, they can prepare a paragraph that there are to
be no fences built without the agreement of all four owners. The only thing
he would be concerned about is the party wall agreement whichlIis the same as
the FHA. What they would like to do is draw up a paragraph and ask the FHA
if it would be appropriate. They had no problem with no fences in the back-
yard as long as the FHA would accept it under the party wall Igreement.
Ms. Schnabel stated that Mr. Deblon had said the applicant wanted to change
this development from condominium to zero lot line four-plex. What was the
reason for the change?
Mr. Thornton stated he originally wanted to do a townhouse development, but
the City's ordinances require five acres, so they couldn't go with the town-
house development. Mr. Deblon had suggested condominiums. He stated they
had no objection to that. However, to go condominium, the process to get
financing was quite lengthy (at least six months) and quite expensive.
Since the building has already been built, they have to do something sooner
than that.
Mr. Kondrick asked what the selling price of each unit would be.
r
PLANNING COMMISSION MEETING, SEPTEMBER 14, 1983 PAGE 3
Mr. Thornton stated the selling price of each unit is $62,900.
Mr. Thornton stated the reason the building was was sitting the way it was
was because of the shape of the land and the number of variances required.
If the turnback property had been available, they could have set the
building more to the west.
The Planning Commission members were concerned about the exte for maintenance
of the four lots and felt they would like to see some type of association
that would take care of the exterior maintenance of the building, the lawn,
and cover some of the other concerns such as no fences in the rear yard.
Mr. Steve Butgusaim stated the party wall agreement does call for maintenance
to be done without detracting from the property, and he felt that covered
the concerns the Planning Commission members had.
Ms. Schnabel stated she did not think it took care of what happens with the
open green space, for instance.
Mr. Thornton stated that right now each owner is responsible for his/her own
lot area. He stated the owners will do that. The same societal pressures
operate here as they do for the single family detached homes. In watching
other zero lot line developments (in New Brighton and Coon Rapids , for
example) , the properties are taken care of.
Mr. Kondrick stated he had no objection to the lot split except for the out-
side maintenance. He was afraid they might find one owner mows the lawn
shorter than the next owner, one owner mows the lawn infrequently, and maybe
one owner has lots of weeds in his/her lawn. He stated he would like to
see some kind of common maintenance program.
Mr. Butgusaim stated the part of this that bothered him was the word "associa-
tion". They could have an association, and it would not be a problem to do
so, but it makes for an apples versus oranges situation. He has never heard
of a zero lot line townhouse with an association, and he did rot think it
would make sense to the government either. It would just con use the situation.
When the lenders get the packages and look at them for new mortgages , they do
not know how to define this type of situation. A zero lot lire townhouse
with an association does not conform with most things that arE on the market.
Mr. Thornton stated the party wall agreement was the most acceptable agree-
ment in the country for multiple unit type of dwellings. FHA uses it all
over the country.
Mr. Thornton stated he did not think there was any problem with changing some
of the wording in the party wall agreement that no one can build fences, but
when they form an association and start to do things collectively, then they
are changing from one organization pattern to another and that is where they
would run into trouble with the lending institutions. But, this would have
to be checked out with the FHA.
r
PLANNING COMMISSION MEETING, SEPTEMBER 14, 1983 PAGE 4
Mr. Goodspeed stated that the owners of Lots B & C would have to walk through
Lots A & D to get to their own backyards with their lawnmowers.
Ms. Schnabel stated Mr. Goodspeed had a very good point about Lots B & C
needing access to the backyard through the yards of Lots A & D. It was
also a good argument against putting in any kind of fencing.
Mr. Deblon stated he did not think the subdivision regulations actually
addressed the 4-plex; it is geared more toward the double bun,;alow where
both owners have side yards.
Mr. Butgusaim stated that if they could change the term and call it coopera-
tive yard maintenance, that would not constitute an association.
-Mr. Thornton stated maybe they could have an attorney write aA efinition for
-Cooperative yard maintenance that the lenders would not interpret as a
secret way of getting an association.
Mr. Thornton stated he thought the point brought up by Mr. Goodspeed about
rear yard access was an excellent point. This kind of thingas gone through
FHA's all around the country, and it has been applied to the s�, four-unit
developments, and this point has never been brought up before.
MOTION BY MR. KONDRICK, SECONDED BY MR. GOODSPEED, TO CLOSE THE PUBLIC HEARING
ON L.S. #83-05 BY MICHAEL O'BANNON.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE PUBLIC
'HEARING CLOSED AT 8:30 P.M.
MOTION BY MR. GOODSPEED, SECONDED BY MR. KONDRICK, TO RECOMMEND TO CITY
COUNCIL APPROVAL OF LOT SPLIT REQUEST, L.S. #83-05, BY MICHAEL O'BANNON,
FOR STAR HOMES, LTD., TO SPLIT LOTS 28, 29, AND 30, BLOCK 11 HAMILTON'S
ADDITION TO FRIDLEY PARK, INTO FOUR BUILDING SITES SO THE FOU UNIT BUILDING
CAN BE UNDER SEPARATE OWNERSHIPS, THE SAME BEING GENERALLY L ATED AT
5455 TO 5561 - 4TH STREET N.E., WITH THE FOLLOWING STIPULATIONS:
1. THAT THERE BE NO FENCES IN REAR YARD ON INDIVIDUAL LOT LINES;
2. THAT THERE SHOULD BE COOPERATIVE LAWN MAINTENANCE;
3. THAT THERE BE REAR YARD ACCESS EASEMENTS TO ALL PROPERTIES.
Mr. Thornton stated they would like to have it worded so as to provide some
protection to prevent the access easement from becoming a nuisance.
Ms. Schnabel stated that was reasonable and the Planning Comn�ssion had no
problem with that.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE MOTION
CARRIED UNANIMOUSLY.
Mr. Deblon stated this lot split request would go to City Council on
September 26, 1983.
DO[_T►_�CIL. MEETING OF SEPTEMBER 26, 19883 PAGE 11
15. RECEIVING PLANNING COMMISSION MINf]TRS OF SEP'T'EMBER 14 1983.
15 A. SPLIT LOIS 28-30,
' ADDITI TO FRI&E.��. INTO FOM JYJTLQTNG SITES
HOMES:SEPARATE OWNERSHIP; 5455-5461 4TH STREET, BY MIKE O'BANNON AND
Mr. Flora, Public Works Director, stated originally this development came
into the City as a condominum proposal, however , there were delays
concerning the financing which caused the applicant to apply for a zero lot
line request.
Mr. Flora stated the buildings were constructed so they do satisfy the
intent of the zero lot line ordinance and the lot is split to give each
unit an equitable split of the property. He stated the City has approved
zero lot lines for double bungalows, but this is the first request for zero
lot lines for a four-unit building.
Mr. Flora stated several items were discussed at the Planning Commission
meeting regarding maintenance of the buildings and grounds. He stated the
Planning Commission recommended approval of the lot spli with the
following stipulations: (1) there be no fences in the rear yard on
individual lot lines; (2) there should be cooperative lawn maintenance; and
(3) there be rear yard access easements to all properties.
Mr. Flora noted the Council had received the declaration of 'covenants,
conditions and restrictions for this property. He stated the stipulations
recommended by the Commission are included.
Mr. Flora stated another item which has come up is the petitioner has
requested a turn-back of the highway easement to his property. He stated
at the time of this request, the City didn't have the docum nt for the
turnback, however, it has since been received and there is an ftem for the
Council's consideration later this evening to change the legal description
to incorporate the property to be turned back to the property a mer.
MOTION by Councilman Fitzpatrick to approve the lot split, LS #83-05,
subject to the acceptance and execution of the covenant. Further, the
three stipulations of the Planning Commission be made a part of the
covenant and the excess property, if it is turned back, be accepted by the
petitioner. Seconded by Councilman Barnette.
Councilman Hamernik questioned if perhaps they may be missing something
with the way these units are layed out. Mr. Flora stated the difference is
when you are dealing with duplexes, a line can be reasonably drirwm to serve
the units.
Mr. Qureshi, City Manager, felt the City's concern should bee outside
maintenance and it should be fairly uniform. He stated the cov t covers
provisions for access and yard and building maintenance.
UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee
declared the motion carried unanimously.
COUNCIL MEETING OF SIF:Py- MPER 96, 1983 p
MOTION by Councilman Barnette to receive the minutes of the Planning
Commission meeting of September 14, 1983 . Seconded by Councilman
Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the
motion carried unanimously.
16. RF.SQ1,U IQN NO 84-1983 AUTHORIZING AND DIRECTING THE SPLITTING OF SPEC
A.SSFWMENIM ON PARCELS 1760 AND 2080, Lf�U-T, ADDITION AND REPTATTTNG TNTPI
DMAELIZER ADDITION*
MOTION by Councilman Fitzpatrick to adopt Resolution No. 84-1983. Seconded
by Councilman Schneider. Upon a voice v te, all voting aye, Mayor Nee
declared the motion carried unanimously.
17. RESOLUTION N0. 85-19
PBCGRBM
MOTION by Councilman Hamernik to a Resolution No. 85-1983. Seconded by
Councilman Schneider. Upon a v ice vote, all voting aye , Mayor Nee
declared the motion carried unan' usly.
18. RE_SOLI TION NO. 86-1983 CALLING FOR A PUBLIC H—EAR_ING ON A PROPOSAL—'m
UNDERTAKE AND FINANCE A COMMERCIAL DEVELnPM NT PF43JECr (FAIR OAKS NORTH
PRffiC'1SKYWOOD MALL)
Mr. Qureshi, City Manager, stated there is a proposal to revitalize Skywood
Mall and to add additional shopping and office space as well as a motel.
He stated there is a request for the City to authorize a $7 ,000 ,000
industrial revenue bond to finance this project.
Mr. Mark Haggerty stated the existing mall would be added onto both the
north and side sides. He stated they have met with neighboring property
owners and staff and the structure wouldn't be any higher than two stories.
He stated further information regarding this project would be available at
the public hearing.
Mr. Darwin DeRosier stated he is the owner of Fair Oaks in South
Minneapolis and the motel would be Fair Oaks North.
MOTION by Councilman Hamernik to adopt Resolution No. 86-1963, and setting
the public hearing for October 17 , 1983 . Seconded by Councilman
Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the
motion carried unanimously.
19. RE;SQLUTIQN NO. 87-1983 APPRMDU ASUBDIVISIQN, LOT SPLI -
70 SPLIT LOIS 28, 29, AND 30, BLQa 11, HMILTION'S ADD ITION-'I'm
MECHANICSVILLE, INS PAS S A, B, C, AND D, THE SAME BEING 5455-5461 4TH
S*MEET N.E.
Mr. Flora, Public Works Director, stated if the Council wished to include
the turned back property, the descriptions would have to be changed to
include the turned back property, the descriptions would have to be changed
to include the property from the State which is no longer needed for
highway purposes.
MOTION by Councilman Fitzpatrick to adapt Resolution No. 87-1983, with the
amendment of the description to include the property which the State has
turned back and no longer needs for highway purposes. Seconded by
Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
15 F
THU CITY OR
DIRECTORATE 00
0 Ld o
MEMORANDUM
PUBLIC WORKS
FRI L Y
DATE September 21 , 1983 MEMO NO. 83-69
FROM D.P.W. Planning - Bill Deblon TO ACTION INFO.
SUBJECT John Elnra
O' Bannon Zero Lot Line Subdivision
at 5455 4th Street N.E.
Attached is a survey and an amended Declaration of Covenants, Conditions and
Restrictions for the above property. The amended Declaration of Covenants
contains new provisions that address fences, outside maintenance anj rear
yard access easements.
WSD/de
r 4
O CITY OF F IOLEY
6431 UNIVERSITY AVENUE N. E., FRIDLEY , MIN ESOTA 55432
TELEPHONE ( 612)571 .3450
CITY COUNCIL October 24, 1983
ACTION TAKEN NOTICE
Star Homes
7691 Central Avenue N.E.
Fridley, Mn 55432
On_ September 26, 1983 the Fridley City Council officially
approved your request for for a Lot-Split, L.S. #83-v5, to Split Lots 2A, 29. and 30;
with the stipulations listed below: Block 11 , Hamilton' s Addition to ridley Park,
into four building sites, the same being 5455-61
4th Street N.E.
1 . That there be no fences in rear yard on individual lot lines.
2. That there should be cooperative lawn maintenance.
3. That there be rear yard access easements to all properties.
4. Subject to the acceptance and execution of the covenant.
5. The excess property, if it is turned back, be accepted by the petitioner.
If you have any questions regarding the above action, please all the
Community Development Office at 571-3450.
Sincerely,
JER11 /—
ROLD BOARDMAN
JLB/de City Planner
Please review the noted stipulations, sign the statement below, and return
one copy to the City of Fridley.
Concur with action taken.
cc: Mike O' Bannon
5298 Fillmore Street N,E,
7'
RESOLUTION NO. 87 — 1983
A RESOLUTION APPROVING A SUBDIVISION, LOT SPLIT, L.S.
#83-05, TO SPLIT LOTS 28, 29 AND 30, BLOCK 11, HAMILTO •S
ADDITION TO MECHANICSVILLE, INTO PARCELS A, B, C, AND D,
THE SAME BEING 5455 - 5561 47H STREET Y.E.
WHEREAS, The City Council approved a lot split at the September 26 , 1983,
meeting, and
WHEREAS, such approval was to split Lots 28, 29 and 30, Block 11 , Hamilton's
Addition to Fridley Park into four parcels described as follows:
Parcel A: All that part of Lots 28, 29 and 30, Block 11, Hamilto 's Addition
to Mechanicsville, Anoka County, Minnesota, according to the record plat
thereof, except that part taken for highway purposes, describes ac follows:
Beginning at the southeast corner of said Lot 28; thence on an assumed bearing
of West along the south line of said Lot 28 a distance of 30.97 et; thence
North 0 degrees 05 minutes 28 seconds East along the centerline of a party
wall and its extension southerly and northerly a distance of 119.52 feet to
the north line of said Lot 30; thence North 89 degrees 50 minutes 57 seconds
East along said north line a distance of 27.32 feet to the northeast corner of
said Lot 30; thence South 1 degree 39 minutes 41 seconds East along the east
line of said Lots 28, 29 and 30 a distance of 119.64 feet to the point of
beginning. Containing 3,484.30 square feet.
Subject to a utility easement over the north 20.00 feet of the south 30.00
feet of said Lot 28.(5455 4th Street N.E.)
Parcel B: All that part of Lots 28, 29 and 30, Block 11 , Hamilton's Addition
To Mechanicsville, Anoka County, Minnesota, according to the recorded plat
thereof, except that part taken for highway purposes, described as follows:
Commencing at the southeast corner of said Lot 28 ; thence on an assumed
bearing of West along the south line of said Lot 28 a distance of 30.97 feet
to the point of beginning; thence continuing West along said south line a
distance of 22.10; thence North 0 degrees 09 minutes 44 seconds East along the
centerline of a party wall and its extension southerly and northerly a
distance of 119.46 feet to the north line of said Lot 30; thence North 89
degrees 50 minutes 57 seconds East along said north line a distance of 21 .95
feet; thence South 0 degrees 05 minutes 28 seconds West along the centerline
of a party wall and its extension northerly and southerly a distance of 119.52
i
feet to the point of beginning. Containing 2,631.79 square feet.
Subject to a utility easement over the north 20.00 feet of the south 30.00
feet of said Lot 28.(5457 4th Street N.E.)
Parcel C: All that part of Lots 28, 29 and 30, Block 11 , Hamilton's Addition
To Mechanicsville, Anoka County, Minnesota, according to the re orded plat
thereof, except that part taken for highway purposes, describes as follows:
Commencing at the southeast corner of said Lot 28; thence on an assumed
bearing of West along the south line of said Lot 28 a distance of 53.07 feet
to the point of beginning; thence continuing West along said south line a
distance of 22.20 feet; thence North 0 degrees 22 minutes 37 seconds East
along the centerline of a residential party wall and its extension southerly a
distance of 63.75 feet; thence North 0 degrees 40 minutes 59 seconds West a
distance of 5.81 feet; thence North 0 degrees 12 minutes 59 seconds East along
the centerline of a garage party wall and its extension northerly a distance
of 45.34 feet to a point on the southerly line of said highway exception;
thence North 53 degrees 48 minutes 11 seconds East along said southerly line a
distance of 7.66 feet to the north line of said Lot 30; thence North 89
degrees 50 minutes 57 seconds East along said north line a distance of 15.83
feet; thence South 0 degrees 09 minutes 44 seconds West along the centerline
of a party wall and its extension northerly and southerly a dista ce of 119.46
feet to the point of beginning. Containing 2,619.75 square feet.
Subject to a utility easement over the north 20.00 feet of the south 30.00
feet of said Lot 28.(5459 4th Street N.E.)
Parcel D: All that part of Lots 28, 29 and 30, Block 11 , HaLmiltor 's Addition
To Mechanicsville, Anoka County, Minnesota, according to the recorded plat
thereof, except that part taken for highway purposes, described ai follows:
Commencing at the southeast corner of said Lot 28; thence or an assumed
bearing of the West along the south line of said Lot 28 a dista ce of 75.27
feet to the point of beginning; thence continuing West along said south line a
distance of 54.74 feet to the southwest corner of said Lot 28; thence North 1
degree 35 minutes 38 seconds West along the west line of said Lots 28 and 29
distance of 55.40 feet to the southerly line of said highway exec tion; thence
North 19 degrees 59 minutes 07 seconds East along said southerly ine of said
highway exception a distance of 26.02 feet; thence North 53 degrees 48 minutes
11 seconds East continuing along said southerly line of said high ay exception
a distance of 59.37 feet; thence South 0 degrees 12 minutes 59 seconds West
along the centerline of a garage party wall and its extension northerly a
distance of 45.34 feet; thence South 0 degrees 40 minutes 59 seconds East a
distance of 5.81 feet; thence South 0 degrees 22 minutes 37 seconds West along
the centerline of a residential party wall and its extension southerly a
distance of 63.75 feet to the point of beginning. Containing 5,1 8.62 square
feet.
Subject to a utility easement over the north 20.00 feet of the south 30.00
feet of said Lot 28.(5461 4th Street N.E.)
Together with that part previously taken for highway purposes to be added to
Parcel C and D, described as follows:
All that part of Lots 29 and 30 , Block 11 , Hamilton' s Addition to
Mechanicsville, Anoka County, Minnesota, according to the recorded plat
thereof, taken for highway purposes, decreibed as follows:
Commencing at the northeast corner of said Lot 30; thence South 8S, degrees 50
minutes 57 seconds West, assuming the south line of Lot 28, of said Lot 11
bears West, along the north line of said Lot 30 a distance of 65.10 feet to
the existing southerly right-of-way line of said highway and the point of
beginning of the land to be described; thence South 53 degrees 48 minutes 11
seconds West along said right-of-way line a distance of 67.03feet; thence
South 19 degrees 59 minutes 07 seconds West continuing along said right-of-way
line a distance of 26.02 feet to a point on the west line ofaid Lot 29,
thence North 1 degree 35 minutes 38 seconds West along the northe ly extension
of the west line of said Lot 29 a distance of 39.60 feet; thence North 42
degrees 50 minutes 16 seconds East a distance of 17.00 feet ; thence North 66
degrees 34 minutes 31 seconds East a distance of 30.00 feet to a point on the
westerly extension of the north line of said Lot 30; thence North 89 degrees
50 minutes 57 seconds East along said westerly extension a distance of 25 .00
feet to the point of beginning. Containing 1,202.70 square feet.
WHEREAS, such approval will allow the creation of 4 zero lot line, common wall
dwellings on the site.
WHEREAS, THE City has received the required Certificate of Surve from Star
Homes, Ltd.
NOW, THEREFORE BE IT RESOLVED, that the City Council directs thCounty of
Anoka to record this lot split within six months of this approval eOr else such
approval shall be null and void.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 26TH DAY OF
SEPTEMBER, 1983.
WILLIAM J. NEE - MAYOR
ATTEST:
SIDNEY C. INMAN - CITY CLERK
2/8/9/3
t .
STATE OF MINNESOTA CITY COUNCIL PROCEEDINGS
CITY OF FRIDLEY
In the Matter of Lot Split, L.S. #83-05
to make four building sites (a four-Plex) PLAVLOT SPLIT
to be owner-occupied at 5455-61 4th Street
N.E.
Michael & Olivia O'Bannon Owner
The above entitled matter came before the City Council of the City of Fridley
and was heard on the 26th , day of September 1983 , on a petition
for a plat pursuant to the City of Frid ey s Platting Ordinance, for the
following described property:
Lots 28, 29, and 30, Block 11 , Hamilton' s Addition to Fridley Park
IT IS ORDERED that a plat be granted as upon the following conditions or
reasons:
Asper attached minutes of the City Council and a letter dated October
24, 1983 on file at City Hall
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 C't of Fridley,
Minnesota, in the County of Anoka on the day of ��� 19 �3 .
DRAFTED BY:
City of Fridley
6431 University Avenue N.E.
Fridley, MN 55432 SIDNEY C. NMAN, ,CITY ,CLERK
(SEAL)
t
� I
OFFICKOF ANOKA COUNTY
RECORDER
Ted J.Omdahl, Recorder
The enclosed is being returned unrecorded for the following:
Recording fee of due(Payable to County
Recorder)
Delinquent tax not paid(Payable to County Treasurer)
No State Deed Tax stamps(Payable to County Treasurer)
No Statement of State Deed Tax Due
No Draftsman's Statement
Marital status not shown
Signatures not complete(spelling; body and
acknowledgment not same as signature)
Recording information not completed
Acknowledgment not complete(expiration of
commission,etc.)
No notarial seal or stamp
No corporate seal
Date of instrument and acknowledgment should be inserted
XLegal description faulty ori
s
Mortgage Registration Tax of due
(Payable to County Treasurer)
Certificate of Real Estate Value(Items: )
Document is not legible.Better copy required.
Name and address of grantee or other person acquiring
or claiming an interest
No Affidavit of Purchaser of Registered Land
(Owner's-Mortgagee's)Duplicate Certificate of Title
required
Should be filed in County
k�/C- ///} ri€- /V D
L Ted J.Omdahl
County Recorder
Anoka,Mn.55303
DECLARATION_OF_COVENANTS ,_CONDITIONi
AND RESTRICTIONS
THIS DECLARATION made this day of �-c c-c �..i b i►
19 by Star Homes , Ltd . , a Minnesota corporation , hereinafter referred
to as "Declarant" .
WITNESSETH :
WHEREAS , Declarant is the owner in fee simple of certain
real property situated in the County of Anoka , State of (Minnesota ,
legally described as follows :
That part of Lots 28, 29 and 30, Block 11, Hamilton's Addition to Mechanicsville
lying westerly of a line drawn from a point on the north line of said Lot 30
distant 71.02 feet west from the northeast corner of said Lot 30 to a point
on the south line of said Lot 28 distant 75.27 feet west from he southeast
corner of said Lot 28
WHEREAS , Declarant intends to establish a four family residential
unit on the aftesaid properties ;
NOW THEREFOR, Declarant hereby declares to thelCity 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 partthereof , their heirs ,
successors and assigns and shall inure to the benefit ofl each owner ,
thereof and to the City of Fridley , Minnesota .
_l_ i
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 occupancy 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 It
Se .
tion 3 "Owner" shall mean and refer t: the
Section 0
record owner, whether one or more persons or entitis, of a
fee simple title to any Lot which is a part of the :roper-
ties,
including contract sellers and vendees, but excluding
those having such interest merely as security for the per-
formance 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.
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 noxio s or
offensive activities shall be conducted on any Lot r
-2-
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. NolLot
shall be used or maintained as a dumping ground for rub-
bish. 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 r Lot
except dogs, cats or other common household pets, pr vided
that they are not kept, bred or maintained for any commer-
cial 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 tempor rily
or permanently. No fences or other structures shall be
erected between adjoining Lots.
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 should be considered extra-
hazardous by fire insurance companies or would adver ely
affect the insurability of the Living Unit which shares a
party wall with ,his/her Living Unit.
-3-
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 amage
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.
Section 3. Destruction by Fire or Other Casualty.
If a party wall is destroyed or damaged by fire or �ther
casualty or by physical deterioration, any Owner wh has
used the wall may restore it and shall have an ease ent
over the adjoining Living Unit for purposes of makig such
restoration, and if other Owners thereafter make us of the
wall they shall contribute to the cost of restoration
thereof in proportion to such use without prejudice, how'
ever, 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 o
omissions.
-4-
Section 4. Weatherproofing . Notwithstandi g any
other provision of this Article, any Owner who by hi /her
negligent or willful act, causes any party wall to b
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 contriubtion 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 dis-
pute arising concerning a party wall, or under the provi-
sions of this Article , each party shall choose one a bitra-
for and such arbitrators shall choose one additional
arbitrator, and the decision of a majority of all th
arbitrators shall be final and conclusive of the que tion
involved. If any party refuses or fails to promptly
appoint an arbitrator, . the same may be appointed by iny
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 buildin or
i
-5-
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 or any
mechanics ' liens arising from work done or material
supplied to make repairs or replacements for which the
Defaulting Owner is responsible.
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 7
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. All Owners shall act in a
cooperative manner regarding all yard maintenance to insure
-6-
uniformity in the maintenance and landscaping of thelLots.
Section 3. Architectural Control. (a) The Owner
of a Living Unit may replace exterior components of his/her
Living Units 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 replace-
ment or remodeling or restoration after damage or destruc-
tion, 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 con-
cerning 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
'J r L �(('�-�:, I'll ttA «
Arbitrators ' decision^of' whether the proposed siding or
roofing material or color scheme is in harmony with the
design of the adjoining Living Unit. If any 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 Fost of
arbitration shall be borne equally by the parties.
(c) The City of Fridley shall be notified in
-7-
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.
Section 4. Easements. Each Owner shall have an
easement to all Lots for the purpose of ingress and egress
and also for the purpose of general recreational use of the
Lots, such recreational use excluding any behavior or
actions which would be an annoyance or nuisance to other
Owners.
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 provi-
sions of Article II and Article IV of this Declaration, and
the Owner of the Living Unit involved shall have the right
to enforce, by any proceedings at law or equity, or �oth,
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 convenant either to restraint
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
-8-
health, safety and general welfare.
Section 2. Severability. Invalidation of any of
these covenants by judgment 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 convenants are recorded, after
which time said convenants shall be automatically extended
for successive periods of 10 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 thole
or in part.
IN WITNESS WHEREOF, the undersigned, being the
Declarants herein have caused these presents to be eiecuted
in — its; name
this ' Peday of --Dz �
_star Homes . Ltd .
Its Chief Financial Officer
-9-
STATE OF MINNESOTA)
) ss .
COUNTY OF ANOKA )
On this / day of /,(,C,Qy,✓��`�/ , 19X?, before me a Notary Public
within and for said County , personally appeared Kenneth Thornton the
Chief Financial Officer of Star Homes , Ltd . , a Minnesota ,Corporation
on behalf of the Corportiona , to me personlly known who , being by me
duly sworn , did say that he is the Declarant named in the foregoing
instrument and that he acknowledges said instrument to be of his own
free act .
v�nnnnM�
�TAY
ANOKA -
MINNYSOTA Notary P U t i c
ANOKA COUNTY
'- Vy Comroias om Esait�s MoY 2E,19b6
"rte` CITY OF FRIDLEY
BY: tLa&
` A, —
Its Mayor
1
3y: �' Al
— —s '
* Its City Manager
STATE OF MINNESOTA )
) ss .
COUNTY OF ANOKA )
On thisp�//1.f' day of Q�R�Ce�lrr�"`-'!/ , 1973 before me a Notary Public
within and for said County personally appeared
r
and -2z (��-v, � .c4zu to me personally known, who , being each
by me duly sworn , did say that they are respectively the Mayor and City _ . .,
Manager of the City of Fridley , Minnesota, the municipal
-10-
corporation named in the foregoing instrument, and that the
seal affixed to said instrument is the seal of said munici-
pality, and that said instrument was signed and sealed in
behalf of said municipality by authority of its Council,
and said L().(.� Ccz.L. and
T
acknowledged said instrument to be the free act of said
municipality.
Notary Pu 1c
�MJMN�
" SHIRLEY A. HMPALA
NOTARY PUBLIC-MINNESOTA
ANOKA COUNsY28 1986
MY C0mmission ExW
� -11-
STATE OF MINNESOTA CITY COUNCIL PROCEEDINGS
CITY OF FRIDLEY
In the Matter of Lot Split, L.S. 183-05
to make four building sites (a four-Plex) PLAVLOT SPLIT
to be owner-occupied at 5455-61 4th Street
N.E.
Michael & Olivia O'Bannon Owner
The above entitled matter came before the City Council of the City of Fridley
and was heard on the 26th , day of September 1983 , on a petition
for a plat pursuant to t�Te City of Fridley's PlattiFg Ordinance, for the
following described property:
Lots 28, 29, and 30, Block 11 , Hamilton ' s Addition to Fridley Park
IT IS ORDERED that a plat be granted as upon the following conditions or
reasons:
Asper attached minutes of the City Council and a letter dated October
24, 1983 on file at City Hall
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 Ct' of Fridley,
Minnesota, in the County of Anoka on the 51 day of , 19 S
DRAFTED BY:
City of Fridley
6431 University Avenue N.E.
Fridley, MN 55432 �SIDNEYTY CLERK
(SEAL)
QXXII, MFETIM OF SEPIUSM 26, 1983 I%GP 11
15. RECEIVING PIANNING COMMISSION MINUTES OF SEP=ER 14, 1983
15 A. -
BAMILTON'S ADDITION 70 F LEY PARK, INIO FOUR NJTT.DTW,3 RITES FOR
SEPARATE ORUWHIP; 5455-5461 4TH STREET, BY MIKE 015ANMN AND
Mr. Flora, Public Works Director, stated originally this development came
into the City as a condominum proposal, however , there were delays
concerning the financing which caused the applicant to apply for a zero lot
line request.
Mr. Flora stated the buildings were constructed so they do atisfy the
intent of the zero lot line ordinance and the lot is split t give each
unit an equitable split of the property. He stated the City h s approved
zero lot lines for double bungalows, but this is the first requ st for zero
lot lines for a four-unit building.
Mr. Flora stated several items were discussed at the Planning Commission
meeting regarding maintenance of the buildings and grounds. He stated the
Planning Commission recommended approval of the lot spli with the
following stipulations: (1) there be no fences in the re r yard on
individual lot lines; (2) there should be cooperative lawn main enance; and
(3) there be rear yard access easements to all properties.
Mr. Flora noted the Council had received the declaration of 'covenants,
conditions and restrictions for this property. He stated the stipulations
reconm-ended by the Commission are included.
Mr. Flora stated another item which has come up is the petitioner has
requested a turn-back of the highway easement to his property. Be stated
at the time of this request, the City didn't have the docum nt for the
turnback, however, it has since been received and there isan i em for the
Council's consideration later this evening to change the legal scription
to incorporate the property to be turned back to the property er.
MDTION by Councilman Fitzpatrick to approve the lot split, LS #83-05,
subject to the acceptance and execution of the covenant. Further, the
three stipulations of the Planning Commission be made a part of the
covenant and the excess property, if it is turned back, be accepted by the
petitioner. Seconded by Councilman Barnette.
Councilman Hamernik questioned if perhaps they may be missin something
with the way these units are layed out. Mr. Flora stated the difference is
when you are dealing with duplexes, a line can be reasonably drawn to serve
the units.
Mr. Qureshi, City Manager, felt the City's concern should be the outside
maintenance and it should be fairly uniform. He stated the covtnant covers
provisions for access and yard and building maintenance.
UPON A VOICE VOTE TAKEN ON THE ABOVE MDTION, all voted aye, and Mayor Nee
declared the motion carried unanimously.
IL MFFTTII; OF SEP76, 1983 P �
MOTION by Councilman Barnette to receive the minutes of the Planning
Commission meeting of September 14, 1983 . Seconded by Councilman
Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the
motion carried unanimously.
16. RESSDIA)TION NO. 84-1983 AUT'I-URIZING AND DIRECTING THE SpT.ITTING OF spEcTAT,
ASSFZQ07I=. ON PARCEL 1760 AND 2080 L[xrFU ADDITION, AND RELATTIIC TNM
I M/-WFJJ1iE t ADDITION•
MOTION by Councilman Fitzpatrick to adopt Resolution No. 84-1983. Seconded
by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
17. RFSOLUTIONS N0. 85-1983 ALrrH0RIZI1G A TRUST AGREEMENT WITH ICMA
EFTIREMENT OORPORATION AS AMULM AND APPOINTING A COORDINATOR FOR THF
PICGR M
MOTION by Councilman Hamernik to adopt Resolution No. 85-1963. Seconded by
Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
18. RESOJU TION N0. 86-1983 CALLING FOR A PUBLIC HEAgING ON A PROPOSAL TO
UNDERTAKE AND FINANCE A COMERCIA: DEVELQPirLF.N_T' PRaJECT (FAIR OAKS IURTH
PROJECT/SKYWQQD MALL) :
Mr. Qureshi, City Manager, stated there is a proposal to revitalize Skywood
Mall and to add additional shopping and office space as well as a motel.
He stated there is a request for the City to authorize a $7 ,000 ,000
industrial revenue bond to finance this project.
Mr. Mark Haggerty stated the existing mall would be added onto both the
north and side sides. He stated they have met with neighboring property
owners and staff and the structure wouldn't be any higher than two stories.
He stated further information regarding this project would be available at
the public hearing.
Mr. Darwin DeRosier stated he is the owner of Fair Oaks in South
Minneapolis and the motel would be Fair Oaks North.
MOTION by Councilman Hamernik to adopt Resolution No. 86-1983, and setting
the public hearing for October 17 , 1983 . Seconded by Councilman
Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the
motion carried unanimously.
19. RESOLUTION NO, 87-1983 APPROVING A SUBDIVISION. LET SPLIT, L.S. #83-05,
70 SPLIT LO'T'S 28, 29, AND 30, ELM 11, HAMILTON'S ADDITION TO
MECHANICSVILE, INTO PARCELS A, B C, AND D, THE SAME BEING' 5455-5461 4TH
STREET N.E.•
Mr. Flora, Public Works Director, stated if the Council wished to include
the turned back property, the descriptions would have to be changed to
include the turned back property, the descriptions would have to be changed
to include the property from the State which is no longer needed for
highway purposes.
MOTION by Councilman Fitzpatrick to adapt Resolution No. 87-1983, with the
amendment of the description to include the property which the State has
turned back and no longer needs for highway purposes. Seconded by
Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.