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LS85-07 23 • • CITY OF FRIDLEY, SUBJECT LOT SPLIT LS / 6431 L"VCRSITY NONE. N8. FRimay. mN. es&wc ie+r.,b"-3450 RECORDED: 11,00,7 � ADDRESS: `6.5&0 5J�-12- , �r��, j�7- � OATE: Pl"ING COMMISSION: APPROVED DISAPPROVED DATE NO CITY COUNCIL: APPROVED DISAPPROVED DATE NO PARK FEE REQUIRED: AMOUNT PAID STIPULATIONS: NAME__Jto G o est'-e r FEE �/O 0 RECEIPT NO lS PROPERTY OWNER(S) 4 T (nnr,vrA94 TELEPHONE NO q07 257?_ _ L/r �u�e✓i 2 TELEPHONE NO ADDRESS(ES)_ PROPERTY LOCATION ON STREET LEGAL DESCRIPTION OF PROPERTY T-G�►�irAA - TOTAL AREA OF PROPERTY PRESENT ZONING,__/�_f__ REASON FOR LOT SPLIT vtocu e cwr►-Q,'S�i The undersigned hereby declares that all the fac s and representations stated in this application are true and correct. DATE: 5_ 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 d sketch of the eiproperty involved and the lot split fee of c100.00ooriginal ng 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 Countye after the City Council has passed a resolution. g. In all identicalses acti/onrcanobecil action has presented untileanperiodtofnsixemonthsnpetition 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. LOT SURVEYS COMPANY9 INC. INVOICE NO. 16152 F. B. NO. 296-46 LAND SURVEYORS SCALE I" 40' 0— DENOTES I RON REGISTERED UNDER LAWS OF STATE OF MINNESOTA 7601 - 73rd Avenue North 560-3093 Minneapolis, Minnesota 55428 KENCO CONSTRUCTION ftmegars (Urtftatt PROPOSED DIVISION OF Lot 2, Block 1 , IWEN TERRACE vl - - 30 i Q/ M P� rz c C Cly o ► � � � fl CO j V-) d R Ct� � - 75,0 MA PARCEL A - (139229 Sq. Ft.) The North 43.50 feet of Lot 2, Block 1 , IWEN TERRACE as measured along the East and West lines thereof. PARCEL B - (13,225 Sq. Ft.) That part of Lot 2, Block 1 , TWEN TERRACE lying South of the North 43.50 feet as measured along the East and West lines thereof. I The only easements shown are from plats of record or information provided by client. V*hereby certify that this is a true and correct representation of a survey of the / boundaries of the above described land and the location of all buildings and vis02 - ible encroachments,if any,from or on said land. % Signed `C..-��-� Surveyed by us this 91-,t day of _ October 19 Umond A. Prasch, Minn. Reg. No. 6743 LOT SURVEYS COMPANY, INC. INVOICE NO. 16152 F. B. NO. 296-46 LAND SURVEYORS SCALE 1" 40' 0— DENOTES I RON REGISTERED UNDER LAWS OF STATE OF MINNESOTA 7601 - 73rd Avenue North 560-3093 KENCO CONSTRUCTION Minneapolis, Minnesota 55428 i3umlytria (Urxif haft liz PROPOSED DIVISION OF Lot. 3, Block 1 , IWEN TERRACE -- 75.0 z40.0 -- �5 C—ELI I i I I i LV Ut; I +y /1: Drs vvxr�e -- 303, 08 -- > \j Q0 I / J 5 -- 303.7 -- 1 PARCEL A - (13,282 Sq. Ft.) The North 43.70 feet of Lot 3, Block 1 , IWEN TERRACE as measured along the East and West lines thereof. PARCEL B - (13,418 Sq. Ft.) That part of Lot 3, Block 1 , IWEN TERRACE lying South of the North 43.70 feet as measured along the East and West lines thereof. The only easements shown are from plats of record or information provided by _ client. We hereby certify that this is a true and correct representation of a survey of the / boundaries of the above described land and the location of all buildings and vis- ible encroachments,if any,from or on said land. ! Surveyed by us this 21 st day of October 19 85 Signed aymond A. Prasch, Minn. Reg. No. 6743 LOT SURVEYS COMPANY, INC. I F.BOIL NO. 216146 LAND SURVEYORS SCALE 1" 40' 0— DENOTES I RON REGISTERED UNDER LAWS OF STATE OF MINNESOTA 7601 - 73rd Avenue North 560-3093 KENCO CONSTRUCTION Minneapolis, Minnesota 55428 Otrurgars (Urtifirtitt PROPOSED DIVISION OF Lots 1A and 1B, IWEN TERRACE rp -- n -"P P P C E L (5� k \ d Cy4r e. I PARCEL A - (13,541 Sq. Ft.) All of Lot. 1B and that part of Lot 1A, Block 1 , IWEN TERRACE lying North of the South 44.50 feet as measured along the East and West lines thereof. PARCEL B - (131538 Sq. Ft.) The South 44.50 feet of Lot 1A, Block 1 , IWEN TERRACE as measured along the East and West lines thereof. The only easements shown are from plats of record or information provided by client. We hereby certify that this Is a true and correct representation of a survey of the boundaries of the above described land and the location of all buildings and vis- ible is ible encroachments,if any,from or on said land. Signed Surveyed by us this 21st day of Oct-nhPr 19 8s aymond A. Prasch, Minn. Reg. No. 6743 No delinquent taxes and transfer entered;Certificate ` of Real Estate Value ( )filed ( )not required Certificate of Real Estate Value No. ,19 a i , I t County Auditor by i DeputyJ STATE DEED TAX DUE HEREON: t Date: January_ ,19Bii' ' (reserved for recording data) FOR VALUABLE CONSIDERATION, Arvin T. Gearman and Rosemarie Gearman, husband and wife I Grantor(s), medal status) hereby conveys)and warrant(s)to Kenco Construction Inc. ,Grantee, a Corporation under the laws of Minnesota , real property In Anoka County,Minnesota,described as follows: i Lots IA and IB, Iwen Terrace. I Parcel A —(13,541 Sq.Ft.) All of Lot IB and that part of lot IA, Block I i Iwen Terrace lying North of the South 44.50 feet as measured along the East and West lines therof. Parcel B. (13,538 Sq.Ft.) The South 44.50 feet of Lot IA, Block 1, IWEN TERRACE as measured along the East and West lines thereof. i (If mon specs I.needed.continue on beckl together with all heredi,ametlts and appurtenances belonging thereto,subject to the following exceptions: i "Subject to restrictions, reservations, and easements of record, if any." I t I Affix Deed Tax Stamp Here Arvin T. Gearman Rosemarie Gearman I STATE OF MINNESOTA i COUNTY OF , -The foregoing Instrument was acknowledged before me th a 3 r rf day of���rr, 19—al j by Ar - �;sarman and Rosemarie .GeSTman. hushand and wife ,Grantor(s). NOTARIAL OTAMP OR ORAL(OR OTHER TITLE OR RANK) PATRICIA PRATTOtONATVRI OY PEROON TAKING ACKNOWLIDGMINT NOTARY PLO=-i*04 =A Tea O{.teg.ete roe the teed ealiei:Par aiie;is ML bwtr asst ebould ANOKA COUNTY a sea/to ee •Deme sq mMrwa.sees"liffm THISDIiITRVMZNTMAODRATTEDBY(NAME AND ADDRIIO)t s APPROVED FOR TRANSFER Kenco Construction, Inc. ' A�tilts►lT. yi �citauO�S 10666 University Ave.N.W. Ulii j Suite 105 C(� ne j Coon Rapids, Hn 55433 City of Late: �/Al By: 6 L� E L) l No delinquent taxes and transfer entered;Certificate of Real Estate Value ( )filed ( )not required Certificate of Real Estate Value No. ' ,19 i 1 1 County Auditor by j Deputy STATE DEED TAX DUE HEREON: rj Date: January 3 (reserved for recording data) 1 FOR VALUABLE CONSIDERATION, Gerald W. Iwen and Hazel D. Iwen, husband and i wife ,Grantor(s), merit nnu hereby convey())and warrants)to Kenco Construction, Inc. Grantee, 1 a corporation under the laws of Minnesota real property in Anoka County,Minnesota,described as follows: Lot 2, Block 1 Iwen Terrace Parcel A (13,229 Sq.Ft:) The North 43.50 feet of Lot 2, Block 1 IWEN TERRACE as measured along the East and West lines thereof. Parcel B. (13,225 Sq.Ft.) That part of Lot 2, Block 1. IWEN TERRACE lying South of the North 43.50 feet as measured along the East and West lines thereof. (11 more pea It needed.continue on beck) together with all heredi,aments and appurtenances belonging thereto,subject to the following exceptions: Subject to restrictions, reservations and easements of record if any." 1 Gerald W. Iwen Affix Deed Tax Stamp Here I Hazel D. Iwen STATE OF MINNESOTA u. I COUNTY OF The foregoing Instrument was acknowledged before me this 3rd day of .l a_n a r y ,19 8r, j by Gerald W. " Twen and Haiel D. 'TrwPfr'a •Hu-,band and Wife Grantor(s). NOTARIAL STAMP OR ORAL(OR OTHRR TITLR OR RANK) PATRICIALP%tA.TT NIONATURR Or►IRSON TAKING AOKNORLaDOMINT Normy KOXA Set �{eN�geete ror the ted'tQp»MM►�•seriDed la tAL teetrunset leum ANOiM •wa to e a same)eels eat s Grutw)� pps Gerald W. Iwen and Hazel D. Iwen THUDISTRUMRNTWAS DRAFTED BYIMAMS AND ADDRRas)t APPROVED FOR TRANSFER i Kenco Construction, .Inc. VJ'L:1 — 1 001.1 cndtC10flc, i 10666 University Ave.N.W Suite 105 a One Coon Rapids, Hn 55433 City Of i Late: By: G , or Fartnershlp I l No delinquent taxes and transfer entered;Certificate of Real Estate Value ( )filed ( )not required Certificate of Real Estate Value No. ,19 i I County Auditor ! by Deputy STATE DEED TAX DUE HEREON: s DW, January 3 019$6 (reserved for recording data) FOR VALUABLE CONSIDERATION, Gerald W. Iwen and Hazel Q. Iwen , husband and wife ; ,Grantor(s), (marital status) hereby convey(s)and warrant(s)to Kenco Construction, Inc. _ Grantee, a corporation underthelawsof Minnesota , real property in Anoka County,Minnesota,described as follows: Lot 3, Block 1 IWEN TERRACE. ; Parcel A. (13,282 Sq-Ft.) The North 43.70 feet of lot 3, Block 1, IWEN TERRACE as measured along the East and West lines thereof; Parcel B. (13,418 Sq.Ft.) That part of Lot 3, Block 1,IWEN TERRACE lying South of the North 43.70 feet as measured along the East and West lines thereof. i i i (It more pace Is needed,continua on back) together with all heredi.anlents and appurtenances belonging thereto,subject to the following exceptions: f "Subject to restrictions, reservations, and easements of record, if any." i I Affix Deed Tax Stamp Here Gerald W. Iwen Hazel D. Iwen STATE OF MINNESOTA COUNTY OF / aa. The foregoing instrument was acknowledged before me this 3rd day of J a n u a r y by Cernlri SI T on �nri Ha7P1 n T,�,Pn, h ch;znri nnrA f Grantor(s). NOTARIAL IITAMF OR SZAL(OR OTHER TITLE OR RANK) PATRICIA PRATT aIONATURZ OF PIRSON TAKING ACKNOWLEDGMENT NOTARY PUBLIC-6asaOOTA tea s�.e..g.=!or the t" °.�°a°r«:(O°..i�i«�ia ws wt.u.�l totals ANOKA COUNTY !•r� to a e name rA,oommisdon.-- 111f/at F9 -PP -- I THIS INi1TRWZNT WAS DRAFTED aT(NAHE AND ADDRESS), ; ,gRPROVU® MR- TRANSFER Kenco Conbstruction, Inc. V:ii:I WFirce + 10666 University Ave. N.W. C(,�1G�LionS Suite 105 e Coon Rapids, Mn 55433 City of Gate: By: (SEAL) 24 CITYOF F14DLLY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE(612)571-3450 August 2, 1985 The Planning Commission will be holding an informal hearing on a lot split request, L.S. #85-07, on Wednesday, August 21, 1985 in the Council Chamber at Fridley City Hall at 6431 University Avenue N.E. at 7:30 p.m. This request will allow Lots lA and 1B, Block 1 , Iwen Terrace to be combined and split in half to allow a duplex to be sold individually, and also Lot 2 to be split in half and Lot 3 to be split in half to allow duplexes to be sold individually. If you would like to be heard on this request, you shall be give the opportunity at the above stated time and place. VIRGINIA SCHNABLE CHAIRWOMAN PLANNING COMMISSION L.S. #85-07 ?tq, 5586, 5570, 5560 5 C ~� ± Fillmore Street N.E. Kent 'Roessler J JOW MAa� AR s 1v y AK �!� •n r` Sioil,j ill — lorl ridbf' 1 " 1� ♦ til0 f ID _ 5645 A..aT COY K .,..., /�►� a��� r-. 1�° d 180 990 .16 60140, 1 �o 9 1o� f!04 l0 10 A � � � • 1 I r as .w f7d0 ax'ell Ar 4r v �4 l /L RSA SAO/ AV 19S (011 MollI 1-�14 0lld • s 1 . ! �► X10(.!"� o� to � Ito l lIff �11�► Ila l; rf4i , I� Y irwr -- ,. ..LYNDE' DRIVE C Ayrwig _ .. j��;/�t7 , � 9 ��r�Y i t'�' ji�w ♦w.� IO7^ 'A.i�j/�ei ra je+� N y I X 0041010 M r _ n - � PDP f •.�..s.rf+►w �y _ I lao 1110 46, 1 f4 w .I� Ww LO - I z'r� 50VV /AN/I 1A - = AAWMW5s7/ R E S ~SAL ESTATEj* r � b AgOVT� ,T i's`O (I I rCeo-� m, � ft BAUD.a(,K.►�S V�S�ON J/�AN/ --- fT C.7 Acj �,-TT'-'' i 55-775 55oq------- li�oq AW NO. 2 g , - - -- - /asp, 9 ZS1 lz71 t� .. SH R/D 3 1-13 '•. - ToRs--L0-dr A- 1bW Planning Commission August 2, 1985 25 City Council MAILING LIST Gerald !J. Hults Donald E. Hart L.S. #85-07 980 Hathaway Lane 960 Hathaway Lane Kent Roessler Fridley, MN 55432 Fridley, MN 55432 Kent Roessler Dominic A. Colotti Ted K. Field 11500 - 134th Avenue 1121 Lynde Drive 1030 Lynde Drive Dayton, MN 55327 Fridley, MN 55432 Fridley, MN 55432 Richard R. Tkaczik Robert J. Peterson Neil M. Allen 12323 NW Gladiola Street 1131 Lynde Drive 1040 Lynde Drive Coon Rapids, MN 55433 Fridley, MN 55432 Fridley, MN 55432 Gerald W. Iwen Roger A. Gehrke Walter P. Hansen 5605 Humboldt South 1010 Hathaway Lane 1050 Lynde Drive Minneapolis, MN 55419 Fridley, MN 55432 Fridley, MN 55432 Arvin T. Gearman Larry A. Wright Robert E. Prois 6225 University Ave. N.E. 1020 Hathaway Lane 1060 Lynde Drive Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 School District N. 13 Verner H. Pedersen Scott A. Masica 1400 - 49th Avenue 1030 Hathaway Lane 1070 Lynde Drive Columbia Heights, MN 55421 Fridley, MN 55432 Fridley, MN 55432 Dolores A. Orr Roger M. Frank Roger E. Fassett 1100 Lynde Drive 5512 Fillmore Street 1001 Lynde Drive Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Peter S. Wojotowicz Bronson-Erickson Jesper B. Jensen 1110 Lynde Drive 3231 Central N.E. 1011 Lynde Drive Fridley, MN 55432 Minneapolis, MN 55421 Fridley, MN 55432 Sandra M. Graczyk Polk Street Investment Walter P. Jones 1120 Lynde Drive 2901 Metro Drive 1021 Lynde Drive Fridley, MN 55432 Bloomington, MN 55420 Fridley, MN 55432 Donald W. Holley Daniel J. Sullivan Norman G. Rausch 1130 Lynde Drive 1161 Regis Lane 1031 Lynde Drive Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Marceine M. Loven Lynde Investment Charles A. Beckerleg 1140 Lynde Drive Robert P. Shapiro 1041 Lynde Drive Fridley, MN 55432 9801 Oak Ridge Trail Fridley, MN 55432 Hopkins, MN 55343 Scot A. Svetlin Theodore F. McCarty 1081 Lynde Drive James A. Shober 1051 Lynde Drive Fridley, MN 55432 1000 Lynde Drive Fridley, MN 55432 Fridley, MN 55432 John E. Hurajt Jonathan D. Goetze 1101 Lynde Drive Harry C. McKinley 1061 Lynde Drive Fridley, MN 55432 Box 32154 Fridley, MN 55432 Fridley, MN 55432 David C. Lyon Terrence J. Weglarz 1111 Lynde Drive Cathy M. Benson 1071 Lynde Drive Fridley, MN 55432 1020 Lynde Drive Fridley, MN 55432 Thomas E. Reed Fridley, MN 55432 Jean F. Stinson Donald D. Scherer 970 Hathaway Lane 990 Hathaway Lane y Fridley, MN 55432 1000 Hathaway Lane Fridley, MN 55432 Fridley, MN 55432 14 PLANNING DIVISION ci1YOF MEMORANDUM FRIDLEY MEMO TO: John Flora, Public Works Director MEMO FROM: Jim Robinson, Planning CoordinatorQ� MEMO DATE : October 28, 1985 II11 REGARDING: Council Action Needed to Complete L.S. #85-07 Staff has reviewed the certified surveys for L.S. #85-07 and found them to be consistent with the zero lot line request approved by City Council on October 7, 1985. Additional stipulations which have now been completed include the amendment to an existing covenant (which allowed only single family dwellings) and the execution of a new declaration of covenant conditions and restrictions to allow for zero lot line duplex developments. It would be appropriate for Council to approve the resolution authorizing L.S. #85-07 and to authorize signatures from the Mayor and City Manager to finalize the new protective covenant. Upon final execution of the covenant it will be recorded at Anoka County. JR/dm M-85-120 Kent Roessler 1JPLANNING DIVISION Ka I cI1YoF MEMORANDUM UMDLEY MEMO TO: Nasim Qureshi , City Manager MEMO FROM: James Robinson, Planning Coordinator MEMO DATE : March 6, 1986 REGARDING: Declaration of Covenants for Fillmore Street Attached is a declaration of covenants for the zero lot line duplexes on Fillmore Street N.E. and the Action Taken Notice which stipulates this action. On October 7, 1985 the City Council officially approved a lot split request, L.S. #85-07, to allow duplexes with zero lot lines on Lots lA and 1B, Block 1 , Iwen Terrace, to be split in half and also Lot 2, Block 1 , Iwen Terrace, to be split in half and Lot 3 to be split in half to allow duplexes to be sold individually. As a condition of the subdivision the City required a declaration of covenants which covers such items as building uses , insurance and maintenance. Execution and recording of this document is standard policy with zero lot line affairs . On October 23, 1983 the Mayor and City Manager executed a declaration of coventants for this project. Due to a problem with some white-out on the signature page, it will be necessary to re-execute this document. Once signed , the City Clerk will need to affix the Fridley Seal to the signature page. JLR/dm M-86-46 cc: John Flora, Public Works Director Attach. /) DECLARATION OF COVENANTS, CONDITIONS r}1 AND RESTRICTIONS THIS DECLARATION, made this 23rd—. day of October , 1982, by Kenco Construction , Inc . hereinafter referred to as "Declarant." WITNESSETH: WHEREAS, Declarant is the owner of Land according to the recorded plat thereof situated in Anoka County , Minnesota. The Blocks and Lots contained therein are as follows: Lot 1A , 1B , 2 , 3 Block 1 Iwen Terrace WHEREAS, Declarant intends to establish two family residential units on the aforesaid properties; Lot 1A , 1B , 2 , 3 Block 1 Iwen Terrace 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. Page 1 ARTICLE I DEFINITIONS For the purpose of this Declaration, the following terms shall have the meanings herein ascribed to them: Section 1 . wLiving 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 lot. Section 3. "Owner" shall mean and refer to the record 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. ARTICLE II BUILDING AND USE RESTRICTIONS Section 1 . Residential Use. No Lot or Living Unit shall be used except for residential purposes. Page 2 ection 2. No Noxious Activity. No noxious or offensive activies 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 Page 3 dividing line between two (2) Living Units shall constitute a party all 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. 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 furnshing 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 Page 4 arty 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. 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." Page 5 ction 2. Maintenance. Each Owner of a Living Unit shall maintain his/her :.ot, 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. I 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 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. Page 6 ARTICLE V. GENERAL PROVISIONS Section 1 . Enforcement. Any Owner or the City of Fridley shall have the right to enforce, by any prceeding 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 involved 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 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 whole or in part. Page 7 ,N WITNESS WHEREOF, the undersigned, being the Declarant herein, has caused these presents to be executed in its name by its President and Na and its seal to be hereunt affixed this 23rd day of October 19 g5 In Presence Of; �L Shi�I.Ev b CHENOWETH Declarant X NoINi:r PUBLIC . MINNESOTA By My comm4NoOnKExD s Jurre T4, 199p Its i And Its CITY OF FRIDLEY By Its Mayor Its City Manager Page 8 S'T'ATE OF MINNESOTA ) COUNTY OF Anoka ) On this ?3rdday of nrtrlhP-r , 19_x, before me a Notary Public within and for said County, personally appeared KENT R 0 E S S L ER and NA , to me personally known, who, being each by me duly, aworn, did say that they are respectively the NA President and the NA of K-=Nrn rnNSTRtIrTTnN , TNr , the corporation named in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors and said and acknowledged said instrument to be the free act of said corporation. Notary Public STATE OF MINNESOTA ) ) COUNTY OF ANOKA ) On this 23rd day of October , 19 85, before me a Notary Public within and for said County, personally appeared William J. Nee and Nasim M. Qureshi , to me personally known, who, being each by me duly sworn, did say that they are respectively the Mayor and the City Manager of the City of Fridley, Minnesota, the municipal corporation named in the foregoing instrument, and that the seal affixed to said instrument is the seal of said municipality, and that said instrument was signed and sealed in behalf of said municipality by authority of its Council , and a a i d X William J. Nee and k- Nasim M.- Our ,hi acknowledged said instrument to be the free act of said municipality. SHIRLEY A. HAAPALA NOTARY NDUC-O NiNESOTA 1 ANOKA COUNTY Notary Public 1!llOommisdw Expins"28,IM nlhr r State of Minnesota , County of Anoka . The foregoing instrument was acknowledged before me this 8th day of January , 1986 by Name of officer or agent , title of officer or agent of Name of corporation acknowledging a Minnesota corporation , on behalf of the corporation . 3/1/18/1 Signature of person taking ada-ujledgment Pag e 9 COMM SSION APPLICATION REVIEW Department Tum6bler Fit p� Meeti pate ��N� Planning '1/ %15 8121/85 FRIDLEY File Address/D*=1Ptl0n L.S. #85-07 COMPLETE REVIEW CHECKLIST Allow Lots lA, 1B, 2 and 3, Block 1 , Iwen RETURN TO PLANNING JIM -COMMENTS HN - .--y jfj--bARREL CLYDE n - a5s5 ARK <<% 'velle-141 r/<<r f Ir. P-eIt O � E N( i` nfQe.r../ ?.,�< I• i' r'o..: (.� <</a/'i��, '�j S't �Itt-C,� % dor 1,8 A,BST,e.9cz'- 7' 4S c ff e-a s'vGG US i f .amass"AIM - ••M ►-♦-♦-♦-♦-�♦♦♦ •• pyLEER46, .. 0 All iiiiiii����• � •*'4w ♦♦♦♦♦ ♦♦♦♦♦• ♦♦ • .•♦♦♦♦♦♦♦♦♦41 c... ♦♦♦♦♦♦ ♦♦♦ _ - � � . i♦♦♦♦♦♦•♦♦.• � ... 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O ` N/0/5'45"W. ° 200. 43 �b ti - - -59.23 -- - - 97.00- -- - ;' - - - - - ---- -- - - 0 I ; ^ 33 92 I m o I i I it , qV � W I , 5111, I f I I p Z 1 IZ 53 J t-- - - - - - - - --j � 1-- "' 46 'off ° 8 0 S1 •, [ \ a Z i Z? �J y rr) I _ Q r �o 0 88. 32 9700 l 01545"E. S. S I � • � � s QS BF v, t' b� �� 0(.0 o �� �44�4•�` i S�9$amu roc C J xz 1 I 1 Q I ' I �> c n t� I y Q4 <\ O O Kj tz 00 A = owo 1 ' AL3 1 / ' I• DRIVEN/AY � Di,ocV4,9rz1UEN/AY 35 �- - - - 87. 4/- - - -�. ; --- 87 00 -- - �. • �- -- 58.68 _ _ �,p_3/1 I• 263.40 o S. /007'55"E. I o n A / 1 i l j PLANNING Ohl*gSSION MEETING AUGUST 21 1985 PAGE 4 Mr. Iwe stated the City owns three lots and he owns one of the lots so over 5 % of the property owners are present this evening. He stated whe they platted the land, the covenant was out in at that time just to protect themselves. Mr. Wellan que ioned the elevations if they were to have full basements and if it would e necessary to fill the lots. Mr . Roessler stated the basements wil be down only 36 inches. No other persons spo a regarding this proposed rezoning request. MOTION BY MR. OQUIST, CONDED BY MR. MINTON, TO CLOSE THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VO ING AYE, CHAIRWOMAN SCHNABEL DECLARED THE PUBLIC HEARING CLOSED AT 8:02 P. MOTION BY MR, OQUIST, SECONDE BY MR. SIELA FF, TO RECOMMEND TO CITY COUNCIL APPROVAL OF REZONING REQUEST, A #85-02, BY KENT ROESSLER, TO REZONE FROM R-1 (ONE FAMILY DWELLING) R-2 (TWO FAMILY DWELLING) TO ALLOW THE CONSTRUCTION OF A DUPLEX LOCATED LOTS IA, 1B, 2 AND 3, BLOCK 1, IWEN TERRACE, THE SAME BEING 5586, 5570, `°560 FILLMORE STREET, N. E, , ALL LOCATED IN THE SOUTH HALF OF SECTIO 24, T-30, R-24, CITY OF FRIDLEY, COUNTY OF ANOKA, MINNESOTA, WITH THE LLOWING STIPULATIONS: (1) AMEND- MENT OF COVENANT OF BUILDING RESTRICTI S TO BE DRAFTED BY PETITIONER, APPROVED BY THE CITY AND RECORDED AT AN COUNTY PRIOR TO ANY BUILDING PERMIT: (2) ALL COVENANT RESTRICTIONS, EX PT SINGLE FAMILY DETACHED CLAUSE, TO BE ADHERED TO; AND (3) STRUCTUR_ TO BE BUILT AS INDICATED IN SITE PLAN AND ELEVATIONS SUBMITTED WITH THIS PPLICATION, TO INCLUDE BRICK WITH WOOD/MASONITE SIDING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN S BEL DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Schnabel stated this item would go to the City C ncil on October 7 , 1985. 2. CONSIDERATION OF A LOT SPLIT REQUEST, L. S. #85-07 , BY KENT ROESSLER: Combine Lots lA and 1B, Block 1, Iwen Terrace and split in half to allow a duplex to be sold individually, and also Lot 2 to be split in half and Lot 3 to be split in half to allow duplexes to be sold individually, the same being 5586, 5570, 5560 Fillmore Street N. E. Ms. Schnabel stated this request for a lot split does not need a formal hearing, but there will be an informal discussion. Mr. Robinson stated this request for a lot split is in conjunction with the rezoning request which the Commission has just recommended be annroved. He stated the purpose of the split is to create six lots with zero lot lines for the construction of double bungalows. Mr. Robinson stated there presently are three buildable lots and, with the lot split, it would create six buildable lots so three park fees would have to be paid . 1� S ,A PLANNING CO'2*IISSION MEETI_NG, AUGUST 21, 1985 PAGE 5 Mr. Robinson stated a protective covenant would have to be executed to protect the subsequent owners of the property and approved by the City and then recorded at the County. He stated it would also be necessary for the subdivision to be recorded at the County prior to issuance of any building permit and the lot split should be contingent on approval by the Council of the rezoning. Mr . Roessler questioned the three park fees to be paid with the first three building permits . He stated he would be taking out only three permits , one for each two unit building. Mr. Robinson stated, with each building permit, two buildable lots are created where there is presently only one buildable lot. He stated, the* efore, a park fee would be collected on the three new buildable lots . Mr. Roessler stated he could not quite understand this reasoning. It was explained to him that it was a policy adopted by the Council, and how these fees are assessed . MOTION BY MR. MINION, SECONDED BY MR. OQUIST, TO RECOMMEND TO CITY COUNIL APPROVAL OF LOT SPLIT REQUEST, L. S. #85-07, BY KENT ROESSLER, TO COMBINE LOTS lA AND 1B, BLOCK 1, IWEN TERRACE AND SPLIT IN HALF TO ALLOW A DUPLEX TO BE SOLD INDIVIDUALLY, AND ALSO LOT 2, TO BE SPLIT IN HALF AND LOT 3 TO BE SPLIT IN HALF TO ALLOW DUPLEXES TO BE SOLD INDIVIDUALLY, THE SAME BEING 5586, 5570, 5560 FILLMORE STREET N. E. , WITH THE FOLLOWING STIPU- LATIONS: (1) THREE PARK FEES TO BE PAID WITH FIRST THREE BUILDING PER- MITS; (2) PROTECTIVE COVENANT AGREEMENT BETWEEN SUBSEQUENT OWNERS TO BE APPROVED BY THE CITY AND RECORDED AT ANOKA COUNTY; (3) SUBDIVISION TO BE RECORDED AT ANOKA COUNTY PRIOR TO ANY BUILDING PERMIT; AND (4) LOT SPLIT IS CONTINGENT UPON COUNCIL'S APPROVAL OF THE REZONING REQUEST. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. STATUS OF SATELLIT DISH ORDINANCE: Mr. Robinson stated t Council had tabled this item in order to receive more input from busines es in the City. Mr. Robinson stated some mments from SPACE (The Society for Private and Commerical Earth Stations) ave been received in a letter addressed to Mayor Nee dated July 2, 1985. He stated they disagree with prohibiting roof mounts, overly restrictiv screening, and installation in rear yards only. Mr. Oquist stated he felt they wo ld disagree, however, this ordinance should reflect how Fridley wishes o control satellite dishes. He felt it shouldn' t be changed because ven rs didn' t like it. Y. Mr. Oquist stated when the Commission 4\th ordinance thev wanted no roof mounts, screening, and installaear yards only. Ms. Schnabel stated in reference to SPAent regarding restrictions of dish antennas to insure the financiaof cable operations , she felt there should be a disclaimer incluthe City in no way adopts this ordinance to insure the success ofting cable operations. COUNCIL MEETING OF OCTOBER 7, 1985 Mr. Fehn asked the total charges and Mr. Qureshi stated the cost is $2,250.74. No other person in the audience spoke regarding this proposed assessment. MOTION by Councilman Schneider to close the public hearing. Secon d by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee cl ared the motion carried unanimously and the public hearing closed at 7• p.m. OLD BUSINESS: 3. ORDINANCE N0. 843 ADOPTING THE BUDGET FOR THE FISCAL YEAR 86: Mr. Qureshi, City Manager, stated, since the firs reading of this ordinance. There has been a slight adjustment in the islative portion of the budget, as well as adding an agency fund for the ix Cities Watershed. He stated the budget is still within the limits pro sed. NOTION by Councilman Schneider to waive the sew reading of Ordinance No. 843 and adopt it on the second reading and orde publication. Seconded by Cbuncilman Goodspeed. Upon a voice vote, all oting aye, Mayor Nee declared the motion carried unanimously. 3.1 RECONSIDERATION OF APPROVAL OF FINAL P T P. . #85-03 GREAT NORTHERN INDUSTRIAL CENTER EAST: Mr. Flora, Public Works Director , st ed at the last Council meeting on September 23, the Council approved s final plat with two stipulations: (1) payment of the park fee befo the plat is recorded; and (2) the existing billboard sign be renov He stated the park fee has been paid, however, Burlington Northern has five year lease for the billboard and stated they would remove it wh the lease expires. Mr. Flora stated the Counci should amend the stipulation for removal of the billboard. NDTION by Councilman F' patrick to reconsider approval of final plat, P.S. #85-03, Great North n Industrial Center East. Seconded by Councilman Goodspeed. Upon a oice vote, all voting eye, Mayor Nee declared the motion carried unanimo y. NDTI0N by cilman Fitzpatrick to reapprove final plat, P.S. #85-03, Great Northern dustrial Center East with the stipulation that the billboard on the a ' nt property be renoved within five years. Seconded by Councilman Goods ed. Upon a voice vote, Councilman Fitzpatrick, Councilman Goodspeed, Cb Gilman Barnette and Councilman Schneider voted in favor of the motion. or Nee abstained from voting. Mayor Nee declared the motion carried by a -0 vote with one abstaination. -3- COUNCIL MEETING OF OCTOBER 7, 1985 ADTION by Councilman Barnette to authorize the Mayor to sign this t. Seconded by Councilman Schneider. Upon a voi=REZONING or Nee declared the motion carried unanimously. NEW BUSINESS• 4. CONSIDERATION OF FIRST READING OF AN ORDIOA #85-02 TO REZONE FROM R-1 to R-2 5586 557 5560 FILLMORE_ I'REET N.-E.-,-ay KENT ROESSLER: Mr. Flora, Public Works Director, st ed this rezoning request covers three lots to be rezoned from I-1 to R- in order to allow the construction of duplexes with zero lot lines. He stated a public heari on this rezoning was held before the Council on September 23 and the P 'ng Commission's recommendation was for approval of this rezoning r st. Councilman Schneider stated there seems to be support in the ghborhood for this rezoning. MJTION by cilman Schneider to concur with the recommendation of the Planni ission and waive the reading and approve the ordinance upon fir reading. Seconded by Councilman Barnette. Upon a voice vote, all ing aye, Mayor Nee declared the motion carled unanimously. 5. CONSIDERATION OF I-Or SPLIT REQUEST .S. #85-07 COMBINE SEVERAL LOTS AMID RE-SPLIT TO ALLOW DUPLEXES TO BE SO T* P DUALLY, 5586 , 5570 , AND 5560 F I LLMORE SI'= N E , BY KENT ROESSLER: Mr. Flora, Public Works Director, stated this item relates to the previous rezoning item and the Planning Commission, at their August 21 meeting, recommended approval of the rezoning and this lot split request. Mr. Flora stated the request is to combine Lots lA and 1B, Block 1, Iwen Terrace and split in half to allow a duplex to be sold individually arid also to split Lots 2 and 3 in half to allow duplexes to be sold individually at 5586, 5570, and 5560 Fillmore Street. Mr. Flora stated the Planning Commission recommended four stipulations relating to payment of the park fees; the protective covenant agreement between subsequent owners being approved and recorded; recording of the subdivision prior to any buiding permit; and the lot split is contingent upon approval of the rezoning. Mr. Flora stated the protective covenant on the property would have to be changed pertaining only to the restriction of single family hones, if the lot split is approved. MDTION by Councilman Schneider to concur with the unanimous recommendation of the Planning Commission and approve lot split, L.S. #85-07 with the following stipulations: (1) three Park fees be paid with the first three building permits; (2) the protective covenant agreanent between subsequent -4- COUNCIL MEETING OF OCTOBER 7, 1985 owners to be approved by the City and recorded at Anoka County; and (3) the subdivision is to be recorded at Anoka County prior to any building permit. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NDTION by Councilman Schneider to direct the administration to take steps to amend the existing covenant on the property, to which the City is a party to provide for construction of duplexes on the property with zero lot lines. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 6 . RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF SEPTEMBER 1985: A. ITEMS FROM THE APPEALS COMMISSION MEETING OF SEPTEMBER 17, 1985: A-1. CONSIDERATION OF VARIANCE REQUEST TO REDUCE SETBACK FROM TOP OF RIVER BLUFFLINE AND TO REDUCE SETBACK FROM NORMAL HIGH WATER LINE TO ALLOW CONSTRUCTION OF ADDI- TIONAL LIVING AREA, 6454 RIVERVIEW TERRACE, BY GEORGE BYDLON: Mr. Flora, Public Works Director, stated this vari nce is requested to reduce the setback f ram the top of the Mi ssi ssippi er bl of f line f rom 40 to 20 feet and to reduce the setback f ran the nor high water line f rom 100 to 64 feet in order to allow the constructi of additional living area at 6454 Riverview Terrace. Mr. Flora stated the petitioner is requesti g these variances in order to add a porch and sundeck to the rear of is home. Mr. Flora stated the hardship expressed by t/eeoner w the need to position the sunroan out from the front of twith ass panels facing south in order to utilize the passive sol . e petition states the solar benefit could not be achieved fo r position except the south side and the house is located too clsouthern lot line to build there, leaving him no choice but to bue west end. Mr. Flora stated in keethe Interim Development Regulations for the Mississippi River Corrical Area, a local gov�rnnent unit may grant a variance from stri compliance of the setback after an administrative hearing and after e following findings are made: (1) strict enforcement of the setback or eight restrictions will result in unnecessary hardship; (2) there are ptional circumstances unique to the property that were not created by th landowner after April 25, 1975; (3) the dimension variance does notal any use that is not a compatible use in the land use district in which e property is located; (4) the dimension variance will not alter the ess tial character of the locality as established by the Interim Develo ent Regulations; and (5) the dimension variance will not be contrary to Order. -5- W COUNCIL MEETING OF OCTOBER 7, 1985 Mr. Flora stated the Appeals Commission found that the variance uests satisfied all four of the findings and recommended approval of th arianoes by a 4 to 1 vote. The negative vote was made to allow Council hear this item. ADTION by Councilman Fitzpatrick to concur with the recd endation of the Appeals Commission and approve the variances to reduce setback from the top of the Mississippi River bluffline from 40 feet to feet and to reduce the setback from the normal high water line from 1 feet to 64 feet to allow the construction of additional living area at 454 Riverview Terrace. Seconded by Councilman Schneider. Upon a voice vo all voting aye, Mayor Nee declared the motion carried unanimously. A-2. NSIDERATION OF A VARIANCE ST REDUCE THE MINIMUM WIDTH OF PARKING STALIS FROM A 1 FEET TO 9 FEET TO ALLOW MORE PARKING SPACES 550 OSBOR& ROAD N.E. UNITY HOSPITAL• Mr. Flora, Public Works Director, state this is a request for a variance to reduce the minimum width of parking stalls from 10 to 9 feet at Unity Hospital. He stated the Council prev* usly approved a special use permit for the hospital to construct additi 1 parking for their employees. He stated, since that time, the hospi 1 is concerned about eliminating all the green spaoe and wish to vary the rking stall size frau a width of 10 feet to 9 feet in order to obtain the equired amount of parking and still leave additional green area. Mr. Flora stated the hardshi expressed by the petitioner was due to the uncertainty surrounding the' r future building plans, they wish to avoid overpaving the property an still maintain adequate parking. Mr. Flora stated the Ap als Commission has recommended approval of this variance. Mayor Nee asked if ne foot wide parking stalls were typical. Mr . Flora stated some cities ave gone to this width because of the large amount of compact cars. Mr Flora stated at the Appeals Commission meeting, there was discussion rega ing use of nine foot stalls for employee parking. He stated the pet' ' oner had stated they felt comfortable thEy have enough ten foot stalls f r patient parking. MDTION by uncilman Goodspeed to concur with the recommendation of the Appeals mnission and grant the variance to reduce the minimum width of employ parking stalls frau 10 feet to 9 feet on parcel 600, in the north 1/2 o Section 11 , the same being 550 Osborne Road (Unity Hospital) . Seco d by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee clared the motion carried unanimously. uncilman Goodspeed stated he felt the ordinance should be reviewed to -6- COUNCIL MEETING OF NOVEKBER 4, 1985 Mr. Qureshi stated the City was given the impression there was an agreement, but perhaps more work is needed. Mr. Giancola stated they were not adverse to discussing it further. Mr. Harris stated because Dr. Dahl ' s building is so close to the east boundary, he would take 40 feet off his property. He st 'ted that is 8,000 feet and another 3,000 feet running east and west so can implement this project. He stated on the expansion of property, Dr Dahl would come out on the plus while he would come out on the minus. Mr. Giancola stated Dr. Dahl is fine in the sture he finds himself in today. He has access and a building in confor ance with the code and the benefit for him would be nil. He stated hey would keep the lines of communication open and would have to leave 't at that. Mr. Harris stated there is a need to mer andise parcels A & B and if they continue to table, in lieu of working an agreement, these businesses may locate elsewhere. He stated he wo d like to continue the negotiation process if the City would give permission for him to go ahead and develop rather than delay the potenti buyers to work out the service drive pr obl en. Mr. Giancola stated they are7t trying to stop Mr. Harris from marketing his two parcels. Mayor Nee stated Mr. Har is has the power to market his property and the Council has the powe to authorize the improvement, with or without a petition. He stated e personally felt it shouldn' t develop without a 1 oopba ck. Mr. Qureshi stat he felt the Council has to make a determination if it makes sense frco' a planning point of view. The benefit of who pays for it is an open question. He stated the Council has expressed many times that this improv ent should be done. He stated a resolution could be brought to the Counci ordering the public hearing and staff would continue to work in trying to resolve some issues. He felt it would be a mistake to proceed without is improvement. MDT by Councilman Schneider to direct staff to prepare the appropriate re ution and plans to begin the process of the frontage road and loopback on iron Road. Seconded by Councilman Barnette. Upon a voice vote, all v ing aye, Mayor Nee declared the motion carni 1 Y\- 14. RESOLUTION NO. 92-1985 REGARDING SPLIT, #85-07 5586' 5570 5560 FILLMORE STREET, BY KENT ROESSLER• MDTION by Councilman Schneider to adopt Resolution No. 92-1985. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. - 15 - 1 ; f COUNCIL MEETING OF NOVEMBER 4, 1985 MOTION by Councilman Barnette to receive the covenant regarding these properties for zero lot lines and authorize the Mayor and Ci�j Manager to execute this covenant. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried nimously. 15. RESOLUTION NO. 93-1985 FOR THE SALE OF $14,000,000 IN HOUSING REVENUE BONDS FOR THE PROPOSED HOUSING PROJECT IN CENTER CITY (FRIDLEY SQUARE PLAZA LIMITED PARTNERSHIP) : NOTION by Councilman Goodspeed to adopt Resolution No 93-1985. Seconded by Councilman Barnette. Upon a voice vote, all voting ye, Mayor Nee declared the motion carried unanimously. 16 . RESOLUTION N0. 94-1985 GIVING PRELIMINARY APP VAL TO THE COLUMBIA PARK PROPERTIES PROTECT AND THE SALE OF THE INDUcMjW DEVELOPMENT BONDS: NOTION by Councilman Fitzpatrick to adopt Re lution No. 94-1984. Seconded by Councilman Barnette. Upon a voice v te, all voting aye, Mayor Nee declared the motion carried unanimously. 17. CONSIDERATION OF A RESOLUTION ORDERINg IMPROVEMENT AND FINAL PLANS AND SPECIFICATIONS FOR THREE LEVEL PUBLIC PARKING RAMP PROJECT IN CENTER CITY AND AUTHORIZING THE CITY TO ENTER INIQ AN AGREEMENT' WITH BWBR FOR THE DESIGN OF THE PUBLIC RAMP: No action was required at JI7WtCOWRESS ime since the public hearing for construction of this parking ran tabled indefinitely. 18. CONSIDERATION OF A RESOLUTION TO EXEMPT PERMIT REQUIREMENTS FOR MUNICIPAL STORM WATER DISCHARGES: Mr. Flora, Public Works Director, stated Congress is currently considering amendments to the Clean Water Act and the proposed legislation would require the issuance of National pollutant Discharge Elimination Systems for each separate storm water discharge point. Mr. Flora stated if this legislation is passed, every culvert that exist onto a creek, lake or river would require a permit. He stated every pipe in the City would have a charge. It was the general feeling of the Council they would like further information regardi g this proposed legislation. MOTION by Counci Barnette to table this item. Seconded by Councilman Goodspeed. Upo avoice vote, all voting aye, Mayor Nee declared the motion carried unanim ly. 19. APPOINIMENr - CITY EMPLOYEE: NDTION by Councilman Barnette to concur with the following appointment by the City Manager: STARTING STARTING NAME POSITION SALARY DATE REPLACES Julie`Marie Burt Assistant $24,000 November 8 Noel 812 Zane Ave. N. #201 Finance Per 1985 Graczyk Br klyn Park, NN Officer Year 5 433 Central Services Department -16- i CITYOF FRIDLEY CIVIC CENTER 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 PHONE.(612) 571-3450 Kent Roessler 11500 - 134th Avenue North CITY COUNCIL Dayton, MN 55327 ACTION TAKEN NOTICE On October 7, 1985 the Fridley City Council officially approved your request for- a lot split, L.S. #85-07, on Lots lA and 1B, -Block 1 , Iwen _ Terrace to be split in half and also Lot 2 to be split in half and Lot 3 to be split in half to allow duplexes to be sold individually with the following stipulations: 1. Three park fees of $750.00 each to be paid with the first three building permits. 2. Protective covenant agreement between subsequent owners to be approved by the City and recorded at Anoka County. 3. Subdivision to be recorded at Anoka County prior to any building permit. *A survey of the new lots is needed so Council can pass the resolution before the Lot Split can be recorded at Anoka County* If you have any questions regarding the above action, please call the Planning Department at 571-3450. Sincerely, r� ` it James L. Robinson Planning Coordinator JLR/dm Please review the noted stipulations, sign the statement below and return one copy to the City of Fridley Planning Department. Concur with action taken STATE OF MINNESOTA CITY COUNCIL PROCEEDINGS rTTY nF FRTni FY In the Matter of a lot split located on Lotscj612 1A and 1 R .� end 3, Block 1 , Iwen Terrace PLAVLOT SPLIT Kent Roessler , Owner The above entitled matter came before the City Council of the City of Fridley and was heard on the 7th day of October 1985 � on a petition for a plat pursuant to tie City of Frid e s ffl gg 0 ddin n e, for h following described property: Combine Foe lA and �t3, �Tocka Iwen e►�race and split in half to allow a duplex to be sold individually, and also Lot 2 to be split in half and Lot 3 to be split in half to allow duplexes to be sold individually, the same being 5586, 5570 5560 Fillmore Street N.E. IT IS ORDERED that a plat be granted as upon the following conditions or reasons: See City Council minutes of October 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 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 Lf- day of Dt'� 7j2py, 19p,�y . DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 RICHARD PRIBYL - :ACTING ,CJTY- CLERK --• t 4, � jb c ,�,A; N CYl[1NC'IL MEETI dG OF OCTOBER 7, 1985 MDTION by Councilman Barnette to authorize the Mayor to sign this plat. Seconded by Councilman Schneider. Upon a voice vo=REZONING yor Nee de c1 ared the motion carried unanimously. NEW BUSINESS• 4. CONSIDERATION OF FIRST READING OF AN ORDINANCEZOA #85-02, M REZONE FROM R-1 to R-2. 586 ,_55 5570 0 FILLMDRE_ I'REET N.E. , BY KENT ROESSLER: Mr. Flora, Public Works Director, this rezoning request covers three lots to be rezoned from R-1 to R- in order to allow the construction of duplexes with zero lot lines. He stated a public heari on this rezoning was held before the Council on September 23 and the tinning Comnission's recommendation was for approval of this rezoning r uest. Councilman Schneider stated there seems to be support in the ighborhood for this rezoning. NDTION by uncilman Schneider to concur with the recommendation of the Planni ConTmission and waive the reading and approve the ordinance upon fir reading. Seconded by Councilman Barnette. Upon a voice vote, all V' ng aye, Mayor Nee declared the motion carried unanimously. 5. CONSIDERATION OF IOr SPLIT REQUEST, L S #85-07. W COMBINE _5EVERAL Lf1T-SAND RE-SPLIT M ALLOW DUPLEXES TO BE SOLD INDIVIDUALLY, 5586 , 5570, AND 55-60 FILLMORE STREET N.E. , BY KENT ROESSLER: Mr. Flora, Public Works Director, stated this item relates to the previous rezoning item and the Planning Commission, at their August 21 meeting, recommended approval of the rezoning and this lot split request. Mr. Flora stated the request is to combine Lots IA and 1B, Block 1, Iwen Terrace and split in half to allow a duplex to be sold individually and also to split Lots 2 and 3 in half to allow duplexes to be sold individually at 5586, 5570, and 5560 Fillmore Street. Mr. Flora stated the Planning Commission recommended four stipulations relating to payment of the perk fees; the protective covenant agreement between subsequent owners being approved and recorded; recording of the subdivision prior to any buiding permit; and the lot split is contingent upon approval of the rezoning. Mr. Flora stated the protective covenant on the property would have to be changed pertaining only to the restriction of single family hones, if the lot split is approved. M?TION by Councilman Schneider to concur with the unanimous recommendation of the Planning Commission and approve lot split, L.S. #85-07 with the fallowing stipulations: (1) three park fees be paid with the first three building permits; (2) the protective covenant agreement between subsequent -4- dr COUNCIL MITI NG OF OCTOBER 7, 1985 owners to be approved by the City and recorded at Anoka County; and (3) the subdivision is to be recorded at Anoka County prior to any building permit. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MDTION by Councilman Schneider to direct the administration to take steps to amend the existing covenant on the property, to which the City is a party to provide four construction of duplexes on the property with zero lot lines. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 6. RECEIVING THE MINUTE_ S OF THE PLANNING FISSION MEETING OF SEPTEMBER 2 1985 ; A. ITE."L F.Rr ! TF.- APPFEAT v (_X)MM.I-&-q,IQN MEETING OF SEPTEMBE al,, 1985: / A-1 . OpNSIDERATION OF VARIANCE REQUEST TO REDUCE SETBACK FROM TOP OF RIVER BLUFFLINE AND TO REDUCE SETBACK FROM NORMAL HIGH WATER LINE TO ALLOW CONSTRUCTION OF ADDI- TIONAL LIVING AREA, 6454 RIVERVIEW TERRACE, BY GEORGE BYDWN: Mr. Flora, Public Works Director, stated this var. nce is requested to reduce the setback from the top of the Mississippi ver bl off 1 ine from 40 to 20 feet and to reduce the setback f ran the no al high water line f rom 100 to 64 feet in order to allow the eonstructi of additional living area at 6454 Riverview Terrace. Mr. Flora stated the petitioner is roque ng these variances in order to add a porch and sundeck to the rear his hone. Mr. Flora stated the hardship expressed by the petitioner the need to position the sunroam out frau the front of the house wi glass panels facing south in order to utilize the passive solar system. The petition states the solar benefit could not be achieved frau any er position except the south side and the house is located too close to a southern lot line to build there, leaving him no choice but to build the west end. ice. Flora stated in Kee ' .y with the interim Development Regulations _`or th-e Mississippi River Corr' r Critical Area, a local goverrnent unit may grant a variance from stri compliance of the setback after an administrative hearing and after a fallowing findings are made: (1) strict enforcement of the setback or eight restrictions will result in unnecessary hardship; (2) there are ptional circumstances unique to the property that were not created by the andowner after April 25, 1975; (3) the dimension variance does not all any use that is not a comps ti bl a use in the land use district in which th property is located; (4) the dimension variance will not alter the esse ial character of the locality as established by the Interim Develapm t Regulations; aro] (5) the dimension variance will not be contrary to the rder. -5- STATE OF MINNESOTA ) COUNTY OF ANOKA ) ss CITY OF FRIDLEY ) I. the underaianed. being the duly nualifiPd Citv Clerk of the Ci *v of 1 4 A RESOLUTION NO. 92 - 1985 RESOLUTION APPROVING A SUBDIVISION, LOT SPLIT, L. S. #85-07, TO COMBINE LOTS to AND 1B, BLOCK 1, IWEN TERRACE AND SPLIT TO ALLOW A DUPLEX TO BE SOLD INDIVDUALLY, AND ALSO LOT 2 TO BE SPLIT AND LOT 3 TO BE SPLIT TO ALLOW DUPLEXES TO BE SOLD INDIVIDUALLY, THE SAME BEING 5586, 5570 AND 5560 FILLMORE STREET N.E. WHEREAS, The City Council approved a lot split at the October 7, 1985 meeting; and WHEREAS, such approval was to combine Lots 1A and 1B, Block 1, Iwen Terrace and split to allow a duplex to be sold individually, and also Lot 2 to be split and Lot 3 to be split to allow duplexes to be sold individually, the same being 5586, 5570 and 5560 Fillmore Street N. E. ; and WHEREAS, the City has received the required Certificate of Surveys from the owner; and WHEREAS, such approval will enable the owner to sell duplexes with a zero lot line. NOW, THEREFORE, BE IT RESOLVED that the City Council directs the County of Anoka to record this lot split within six months of this approval or such approval shall become null and void. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 4th DAY OF November, 1985. WILLIAM J. NEE - MAYOR ATTEST: RICHARD PRIBYL - ACTING CITY CLERK 3/7/3/14 Kent Roessler CITYOF FRIDLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE(612)571-3450 CITY COUNCIL Kent Roessler July 16, 1986 11500 - 134th Ave. No. ACTION TAKEN NOTICE Dayton, MN 55327 On OFtober 7, 1985, the Fridley City Council officially approved your request for a lot split, L.S. #85-07, on Lots IA and 1B, Block 1, Iwen Terrace to be split in half and also Lot 2 to be split in half and Lot 3 to be split in half to allow duplexes to be sold individually with the following stipulations: 1. Three park fees of $750.00 each to be paid with the first three building permits. 2. Protective covenant agreement between subsequent owners to be approved by the City and recorded at Anoka County. 3. Subdivision to be recorded at Anoka County prior to any building permit. *A survey of the new lots is needed so Council can pass the resolution before the Lot Split can be recorded at Anoka County.* If you have any questions regarding the above action, please call the Planning Department at 571-3450. Si cerely, )aryl rey Planning Assistant DDM/lmn Please review the noted stipulations, sign the statement below and return one copy to the City of Fridley Planning Department, by August 1, 1986. I � 2 concur with the action taken.