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LS92-03 CITY OF FRIDLEY p 6431 UNIVERSITY AVENUE N.E. FRIDLEY,MN 55432 (612)571-3450 COMMUNITY DEVELOPMENT DEPARTMENT LOT SPLIT APPLICATION FORM PROPERTY INFORMATION - site plan required for submittal; see attached Address: 137(.Q — LP U` h_ jA d to. Fr►'d(e U " M Property Identification Number(PIN) IS `_30 2 L4 13 'DDI Legal description: _ 5D ) O N 1/3 D F C 2_49 Fl tPNT%i ff JW LT Lot Block Tract/Addition Current zoning: 51,ri�1PIMSlquare footage/acreage Reason for lot split: TD 5 f L L. LO T Have you operated a business in a city which required a business license? Yes No If yes, which city? If yes,what type of business? Was that license ever denied or revoked? Yes No FEE OWNER INFORMATION (as it appears on the property title) (Contract Purchasers: Fee Owners must sign this form prior to processing) NAME L7n "r Be -h Nu he rQ ADDRESS_1?,YjQ L2(D1h >��e Fr i d leg W kJ t 54-3 Z- DAYTIME PHONE Q ZD —LI q 33 SIGNATURE DATE PETITIONER INFORMATION NAME ADDRESS DAYTIME PHONE SIGNATURE DATE Fee: $100.00 Permit L.S.# j7--0;i7- Receipt# Application received by: Scheduled Planning Commission date: z- Scheduled City Council date: 12J CITY OF FRIDLEY PLAN REVIEW CHECKLIST Applicants for vacations must submit the legal description of the B. Site Plan: parcel (easement, street, etc.) to be vacated. 1. Property line dimensions, location of all existing and proposed structures with distance from boundaries, Complete site plans, signed by a registered architect, civil distance between structures, building dimensions and engineer, landscape architect, or other design professional, to floor elevations include the following: 2. Grading and drainage plan showing existing natural A. General: features (topography, wetlands, vegetation, etc.) as well as proposed grade elevations and sedimentation and storm 1. Name and address of project water retention ponds. Calculations for storm water 2. Legal description (certificate of survey may be required) detention/retention areas. 3. All existing and proposed points of egress/ingress 3. Name, address, and telephone number of applicant, showing widths of property lines, turning radii abutting engineer, and owner of record rights-of-way with indicated center line, paving width, existing and proposed median cuts, and intersections of 4. Date proposed, north arrow, scale, number of sheets, name streets and driveways of drawer 4. vehicular circulation system showing location and 5. Description of intended use of site, buildings, and dimensions for all driveways, parking spaces, parking lot structures including type of occupancy and estimated aisles, service roads, loading areas, fire lanes, occupancy load emergency g y access (if necessary), public and private streets, alleys, sidewalks, bike paths, direction of 6. Existing zoning and land use traffic flow, and traffic-control devices 7. Tabulation box indicating: 5. Landscaping Plan (i) Size of parcel in sq. ft. 6. Location, access, and screening detail of trash (ii) Gross floor area of buildings enclosures (iii) Percent of site covered by building 7. Location and screening detail of rooftop equipment (iv) Percent of site covered by impervious surface S. Building elevations from all directions 9. Utility plan identifying size and direction of existing (v) Percent of site covered by green area water and sewer lines, fire hydrants, distance of (vi) Projected number of employees hydrant to proposed building (vii) Number of seats if intended use is a restaurant or place of assembly (viii) Number of parking spaces required (ix) Number of parking spaces provided including handicapped (x) Height of all buildings and structures and number of stories PROPOSED LEGAL DESCRIPTION FOR PARCEL A u That paO of the following described land lying northerly of Line "A" and its easterly and westerly.extensions as described below: The West one-third (W. 1/3) of the East two hundred forty-nine (249) feet, front and rear, of Lots Six (6) and Fourteen (14), Revised Auditor's Subdivision Number 10, according to the plat�fhereof on file and of record in the office of the Registrar of 'Iltles in and:-for Anoka County, Minnesota, and The We# gne-third (W. 1/3) of the East two hundred forty-nine (249) feet of Outlot A, Dennis Addition,according to the map or plat thereof on file and of record in the office of the Registrar of Titles in and for Anoka County, Minnesota. LINE "A" Commencing at the southwest corner of the above described land; thence northerly along the west line of said described land a distance of 120.51 feet to the point of beginning of the line to be described; thence easterly and parallel with the southerly line of said described land to the intersection with the easterly line of said described land and there terminating. PROPOSED LEGAL DESCRIPTION FOR PARCEL B That part of the following described land lying southerly of Line "A" and its easterly and westerly extensions as described below: The West one-third (W. 1/3) of the East two hundred forty-nine (249) feet, front and rear, of Lots Six (6) and Fourteen (14), Revised Auditor's Subdivision Number 10, according to the plat thereof on file and of record in the office of the Registrar of Titles in and for Anoka County, Minnesota, and The West one-third (W. 1/3) of the East two hundred forty-nine (249) feet of Outlot A, Dennis Addition, according to the map or plat thereof on file and of record in the office of the Registrar of Titles in and for Anoka County, Minnesota. LINE "A" Commencing at the southwest corner of the above described land; thence northerly along the west line of said described land a distance of 120.51 feet to the point of beginning of the line to be described; thence easterly and parallel with the southerly line of said described land to the intersection with the easterly line of said described land and there.terminating. CITY OF FM DLLY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 • (612)571-3450• FAX (612)571-1287 July 8, 1992 TO WHOM IT MAY CONCERN: The City of Fridley Planning Commission will be holding an informal hearing on a lot split request, L.S. #92-03, by Doug and Beth Nyberg, to split the West 1/3 of the East 249 feet, front and rear, of Lots 6 and 14, Revised Auditor's Subdivision No. 10 into two lots, generally located at 1376 - 66th Avenue N.E. Any and all persons desiring to be heard shall be given an opportunity at the Planning Commission meeting on Wednesday, July 22 , 1992 at the Fridley Municipal Center, 6431 University Avenue N.E. at 7 : 30 p.m. Any questions related to this item may be referred to the Fridley Community Development Department at 571- 3450. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than July 15, 1992. DONALD BETZOLD CHAIRMAN PLANNING COMMISSION Planning 7/8/92 L.S. #92-03 Doug and Beth Nyberg MAILING LIST Council Doug and Beth Nyberg Tor Gloppen 1376 - 66th Avenue N.E. 1421 - 66th Avenue N.E. Fridley, MN 55432 Fridley, MN Curtis Loschy David Larson 1399 - 66th Avenue N.E. 1410 - 66th Avenue N.E. Fridley, MN 55432 Fridley, MN 55432 Roland Zacharias Daniel Arnold 1387 - 66th Avenue N.E. 1405 Creek Park Lane N.E. Fridley, MN 55432 Fridley, MN 55432 Robert Bridgeman Robert Swanson 1375 - 66th Avenue N.E. 1400 Creek Park Lane N.E. Fridley, MN 55432 Fridley, MN 55432 Kenneth Bigelow Paul Johnson 1363 - 66th Avenue N.E. 1381 Mississippi Street N.E. Fridley, MN 55432 Fridley, MN 55432 Jane Hoppe Rachel Gottwaldt 1351 - 66th Avenue N.E. 1415 Mississippi Street N.E. Fridley, MN 55432 Fridley, MN 55432 Walter Peterson Beth Dahlmeier 1339 - 66th Avenue N.E. 1358 - 66th Avenue N.E. Fridley, MN 55432 Fridley, MN 55432 Grace Larson Bernard Kreins 1340 - 66th Avenue N.E. 1362 - 66th Avenue N.E. Fridley, MN 55432 Fridley, MN 55432 Doug lX6Mt berg Richard Brickner 1376 h Avenue N.E. 1233 - 12th Avenue N.W. FridlN 55432 New Brighton, MN 55112 Joseph Menth Planning Comm. Chair 1388 - 66th Avenue N.E. Fridley, MN 55432 City Council Members Gwen Ostlund 1400 - 66th Avenue N.E. Fridley, MN 55432 Jon Phillips 1361 Creek Park Lane N.E. Fridley, MN 55432 L.S. #92-03 Doug Nyberg THIS IS A COMPILATION CF RECORDS AS T 30, R 24 - THEY APPEAR THE ANOA COUNTY OFFICES AFFECTING THE AREA SHOWN. THIS DRAWING IS TO RE USED ONLY FOR REFERENCE PURPOSES AND THE COUN. Q/OL EY TY IS NOT RESPONSIME FOR ANY IN. ACCURACIES HE,EIN CONTAINED. 539/3 12 0:0 R NFL CORNER SEC/3 AWAO /IS /19 20 rN.e - _ 4Z :� ``� /Nita Crnk To.nntvaAt/ 14 (20 y. { _ s I �• e� r R l'� oa (2) �) ""J I. ' sOi ;rso l x 2s / {�•f �if.�,oJ O A a �/�1 SI h iFM.;,v F'on F C/r G G �.K �• -� R G (f), (Zoo) Zoo);egoR -- i� P \ •sr• rc � a ., Aft "� taE r) � ; .-�ck •9 <_''Ya � *• zy1+ 2/r.)" 2 ,f5j � (iu r) 1�i t+� 2(1,): �,2C0.) i .� 69 «/ 'e, "J .a-0 DEN �� <w ,-,� 9.� �"� '661/2 AVE. N.E.% _,� s __ __ •r f. -_ .• +`•ar r tii° Uv)6». 4(� zs 6 Qa 6(fO rN t• , >.,._ 241 CPl I : 00'. +`s£� t. P t� a 11 Oi 2Z(n) (v) a c , s /a FT) W� < ri �9` W 3Z( ^ t AWL- 9 r) t` /zL ' /z/rD /2/a) O y Z ¢�N y(�i+, �.�• /«)66TH AVE. N.E. /') d Y (,/ •'(s� . A` p+J i < r :,r /T 3 / /S t /t /S t rs N tS yC� 66 T fi WAVE.• N.E.<i / 4! h QJ o O 9� .:��<) ; ! •. t.�� UANEa 12v&) z 1 Z y..c• .k(�/ ` 'YPJ, Eiic 14104i J / CREEK27A9 a 2ZQ�IP. , I', W 'w n.#�� i t�t,'Ze' %M 14s a 2s reit . W)zs 6 ./ s!s). + •e �` 3Wu� :R24 7 K,PARK LN. <:. r /9s` ? ��,w' elf Y ��z3 0 + ( A71" �,... fls rr a `- O l 6 hR (t s. r 0 lP). A o,• z 2 '9 r 2 z2 L pn ! la, R F / l zr r0 faro Q ( z, LL )'V DD (N t 'e. i (a; ) 2 �� 15 ) !F/z r W)/g. a l.n rz/AD ''� . - 6h• 6 RLS 17.ic >•� a•ta 1= of S+ ' JA' {71. Tri E/{ cpRNER fp.is CCCCCC 1\\I 13 14 ROLAND W. ANDERSON / COUNTY SURVEYOR / ANOr4 COUNTY. WiNESOTA 12F LOCATION MAP JUL 16 , 1992 CITY OF FRIDLEY 6431 University Ave, N.E. Fridley, Minnesota 55432 (612) 571-3450 RE: PIN# - 13-30-24-13-0015 Address - 1376 66 AVE Legal - 6 - 14 AUD SUB NO 10 REV -------------------------------------------------------------------------------- Assessed Date Ilnt. Number Original 1992 Tax Current ImprovementAssessed -ate of Yrs Amount Amount Balance ----------------------------------------- Water/Sewer 12/31/60 15 167 .27 ------ Paid Mains Water/Sewer 10/03/61 20 1316.63 ------ Paid Laterals Streets 10/08/62 5 265.60 ------ Paid Surfacing Curb/Gutter Streets 07/02/84 15 3437 . 86 ------ Paid Surfacing Curb/Gutter Water/Sewer 10/01/84 9.50 20 3767 .43 Deferred 5986 .45 Laterals Service Streets 10/01/84 9.50 10 907 .20 Deferred 1351. 05 Surfacing Curb/Gutter Streets 10/01/84 x.50 10 4297 .38 Deferred 6399. 87 Surfacing Curb/Gutter ---------------------------------------- --------------------------------------- Pending Improvement CostlEstimate Escrow Paid -------------------------------------------------------------------------------- * NONE * ------------------------------------- ------------------------------------- Misc. Fees Due Amount Due Paid Misc. Fees Amount ------------------------------------- ------------------------------------- * NONE * * NONE * The current balance of the water and sewer bill is $ The balance of $13737 .37 is payable through October 15 , 1992. This balance does NOT include the 1992 tax statement amount of $.00 . This balance also does NOT include any interest which accrues daily. On JUL 16 , 1992 this additional interest amount was $206 .31. Continued on next page . . . - 4 CITY OF FRIDLEY SPECIAL ASSESSMENT SEARCH Page 2 RE: PIN# 13-30-24-13-0015 This search was made by the undersigned as a public service on request. The undersigned certifies the search is believed to be accurate, however , the under- signed or the City of Fridley does not insure the accuracy of the above state- ments and does not assume liability for errors and ommissions. By: _ SPECIAL ASSESSMENT CLERK NOTE: There is a $10 .00 charge for each search. i COMMISSION APPLICATION _ REVIEW FILE NUMBER FILE DATE MEETING DATE FILE DESCRIPTION L.S. #92-03 CITYOF 36 6/ 11/92 7/22/92 Split lot into two; 1376 - 66th Avenue NE FWDLEY Doug and Beth Nyberg COMPLETE REVIEW CHECKLIST AND RETURN TO PLANNING DEPT. ❑ BARB D. COMMENTS MICHELE M. �v �a.- MARK W. ❑ JOHN F. o f )CLYDE W. ❑ CLYDE M. LEON M. 6j1j!1MH. . .k 4 CHUCK M!) Community Development Department l� PLA FNNING DIVISION City of Fridley DATE: August 13 , 1992 TO: William Burns, City Manager rn FROM: Barbara Dacy, Community Development Director Michele McPhgrson, Planning Assistant SUBJECT: Resolution Approving a Lot Split Request, L.S. #92-03 , by Doug Nyberg; 1376 - 66th Avenue N.E. Attached please find the aboYe-referenced staff report and resolution approving the lot split which will create two single family lots. The Planning Commission voted unanimously to recommend approval of the request with the following stipulation: 1. A park dedication fee of $750 . 00 shall be paid at the time of issuance of a building permit for the vacant lot. Staff recommends that the City Council approve the attached resolution with the stipulation attached as Exhibit A as recommended by the Planning Commission. MM/dn M-92-482 12D L.S. #92-03 Doug Nyberg i I i I i /b /7 /B /! Zo" • • • • • • • • • • • Ws Ix • • • • • • •fract • • • • ,/ • • •• • 411044311 • • • • • • • IYIIet ^/ 1 '�' ' • • 443 • • • • • o �Y •_ • • • •• • • • • • �` T • • •. • • • • . • • H AVE. NE T r • '• • K r • • • • • • • • • • ft t RIC EK r.ARlK'k}�r/� {may a� 'k ✓ T�11 1-1 14 4 1 41 � ��R�f Y V �T1 igilk • 4.� R — ,C Y T log E N c 4-1 ' 5 2 p. 60 sS 27 a HADD..# �� O r-� 18 •� 8 2 c s i t z s °A 4 / I SA s y H • H. AVE. 66TH. EN I 14 2 /3 Z /h •0 •K , z 3 3 6 _6 A LS — --ZQ - - QG — B • z d ' d 7 11 ICCICCIDDI CTDFCT I 12G ZONING MAP L.S. #92-03 Doug Nyberg 83.00. . .., 4,. F�C6:) N 89° 22' 54' E M� o• � 1 N lb O I C 6 N � Z � • Z N R ,O SB r O 1 I EXIST. HO USE ( 1376 ) N ' c t, l0 05 P LLJ S Ln r � "' Z j QO NORTH LINE OF LOT 6 _ I N89° 18' 4 ' E Y 83.00 T � Y i I Ln I , 1 _ � I --- 249.00 � PSG pe i p ° N T 0 O Z ' J PP S 89" 18' 45" W 83.00 -- — -- !-_ I SITE PLAN 66TH AVENUE N.E. -- 83.0b N 890 22'j 54" E Q co o � o C o ua Qj — r _ _ > N 0 O E ' u1 wo 0 { N L Z 0 r Z �os8 m O Z EXIST. HOUSE ►= � w L .0 5 Q, w S O.6 0 o Gov o T 2 N Q N z OQD NORTH LINE OF LOT 6 co N 890 18' 45" E ' CO -- - 83.00 I x r, N � N N i t 249.00 ' QG QP fees ��° w OQO o } C) 0 60 N o 0 N � r Z Q PP � S 890 18' 45" W 83.00 - - � BY L.S. NO. 15232 CREEK �/� Q�r — ■■ w��r k . a ce f s'� V-' _�-.141• - Y ;:. I :�:` �� 2 {� r �r� �fi �.� CGI � '►��, Af 421 g t4A 9M 15 �La • '��, ,, ,, � 3lot f n ,vr 6 9f fit O � 15•µ 4M M- 60 k a AIM e ✓Y-f+ _ :„fi'. yl` �!N 9th+ r''S� gig:. c r t tM sf a s m i CITY OF FRIDLEY PLANNING COMMISSION MEETING, JULY 22, 1992 ..r.r......�.....r�.�.�.�.�....�.�.�..r.r�.�....�.....,..r�..r.r.......r.r4..�..r�.�.......�.....,..r�....�.�.]i�.....r�.�,�........r.r�.....r.r CALL TO ORDER: / Chairperson Betzold called the July 22, 92 , Planning Commission meeting to order at 7: 30 p.m. ROLL CALL: j Members Present: Don Betzold,/bawe Kondrick, Connie Modig, Brad Sielaff Members AbsXarbara a, Sue Sherek, Larry Kuechle (for vage) Others PresDacy, Community Development Director Beth N berg, 1376 - 66th Avenue N.E. oer, Bo ' s Produce APPROVAL F JULY 8 1992 PLANNING COMMISSION MINUTES: MOTIO by Mr. Kondrick, seconded by Mr. Sielaff, to approve the J�,y 8, 1992 , Planning Commission minutes as written. 6PON A VOICE VOTE, ALL VOTING AYE,, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. CONSIDERATION OF A LOT SPLIT REQUEST. L.S. 92-03 BY DOUG AND BETH NYBERG• To split the West 1/3 of the East 249 feet, front and rear, of Lots 6 and 14, Revised Auditor's Subdivision No. 10, into two lots, generally located at 1376 - 66th Avenue N.E. Ms. Dacy stated this property is located between Creek Park Lane and 66th Avenue. The petitioners' are proposing to split the property into two residential lots. The existing house is located on the north side, and the vacant lot is to the south. Each lot meets the minimum 9 , 000 sq. ft. lot area and the 75 ft. lot width requirement. Staff is recommending that the Planning Commission recommend approval of this lot split with one stipulation: 1. A park dedication fee of $750. 00 shall be paid at the time of issuance of a building permit for the vacant lot. .w. PLANNING COMMISSION MEETING JULY 22 1992 PAGE 2 Mr. Nyberg stated he had nothing to add to the staff's presentation. Mr. Kondrick stated the request seems very straightforward, and both lots will meet all code requirements. He would be in favor of recommending approval of the lot split request. The Commissioners agreed. MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to recommend to City Council approval of lot split request, L.S. x#92-03 , by Doug and Beth Nyberg, to split the West 1/3 of the East 249 feet, front and rear, of Lots 6 and 14, Revised Auditor' s Subdivision No. 10, into two lots, generally located at 1376 - 66th Avenue N.E. , with the following stipulation: 1. A park dedication fee of $750. 00 shall be paid at the time of issuance of a building permit for the vacant lot. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Dacy stated this item will go to City Council on August 17, 1992 . 2 . CONSIDERATION OF A LOT SPLIT REQUEST, L.S. #92-04 , BY ROBERT SCHROER OF EAST RANCH ESTATES: To split off the south 33 feet of Lot 5, Block 2 , East Ranch Estates 2nd Addition, generally located at 7787 Ranchers Road N.E. / Ms. Dacy stated the property that is being subdiv-fded is located just to the north of Bob' s Produce Ranch and is located at the curve of Ranchers Road and 77th Way. The Ajax Company occupies the building on the property. The site is zoned M-2 , Heavy Industrial, and the property to the east and south are zoned C-3 , General Shopping Center. Ms. Dacy stated the petitioner-'is proposing that the southerly 33 feet of the Ajax property bp'subdivided and then added to the Bob' s Produce Ranch property. This area happens to coincide with the Metropolitan Waste .Control Commission' s sanitary sewer easement. By the petitioner purchasing this property, his new lot line will then-'be on the northern side of that 33 foot strip. That will enabl 'him to have the appropriate setbacks. Another advantage of e lot split is he has been working with the owner of Ajax Co any to configure a new shared driveway to the street. Ajax wil be reconfiguring their parking lot and putting in a new gate, nd they will also free up additional area for the pe loner' s trucks to access the new building as well as for the trucks to the Lyndale Garden Center. i 00, STAFF REPORT Community Development Department Appeals Commission Date Planning Com ission Date : July 22, 1992 City Council Late : August 17, 1992 REQUEST Permit Number L.S. #92-03 Applicant Doug Nyberg Proposed To create two single family lots. Request Location 1376 - 66th AvenuelN.E. SITE DATA Size 20,704 square feet .475 acres Density Present Zoning R-1 , Single Family Dwelling Present Land Use(s) Vacant/Single Family Adjacent R-1 , Single Family Dwelling to the North, South, East, Zoning and West Adjacent Land Use(s) Single Family to tl e North, South, East, and West Utilities Available Park Dedication $750.00 Watershed District Rice Creek ANALYSIS Financial Implications Conformance to the Comprehensive Plan Compatibility with Adjacent Zoning and Uses Environmental Considerations RECOMMENDATION Staff Approval with stipulations Appeals Commission Planning Commission Approval with stipulations Author iM/dn 121 Staff Report L.S. #92-03 , by Doug Nyberg Page 2 Request The petitioner requests that a lot split be approved to split 1376 - 66th Avenue N.E. into two residential lots. Site Located on the property is a single family dwelling unit with an attached two car garage. The property is zoned R-1, Single Family Dwelling, and there is similar zoning to the north, south, east, and west. Analysis The petitioner is proposing to subdivide the south 124 feet of the subject property in order to crea e a second lot fronting on Creek Park Lane N.E. The proposed lot split would create two single family lots; one of 10, 330 square feet, which will be the new lot, and one of 10, 374 square feet, which will be for the existing dwelling unit. The proposed lots meet the minimum requirements for lot width, lot area, and setback for the existing dwelling unit as required by the R-1, Si gle Family Dwelling district regulations. Utilities were stubbed to the lot line when Creek Park Lane was constructed in 1984 . There are outstanding special assessments of $13 , 943 . 68 which will need to be paid at the time the lot is sold or prior to issuance of a building permit. A park dedication fee of $750. 00 will also be required to be paid at the time of issuance of a building permit for the vacant lot. Recommendation As the proposed lot split creates two lots which meet the minimum requirements of the R-1, Single Family Dwelling district regulations, staff recommends that the Planning Commission recommend approval of the lot sp it request, L.S. #92-03 , to the City Council, with the following stipulation: 1. A park dedication fee of $750. 00 shall be paid at the time of issuance of a building permit for the vacant lot. Planning Commission Action The Planning Commission voted unanimously to recommend approval of the request to the City Council as recommended by staff. City Council Recommendation Staff recommends that the City ouncil concur with the Planning Commission action. 12H FRIDLEY CITY COUNCIL MEETING OF AUGUST 17 1992 PAGE 16 special use permit should stand on its oand would not support the motion to table. He did not fe hat the thirty days would accomplish anything or change t petitioner's position. Councilman Schneider stat that he did not feel the Council should perpetuate mistakes. UPON A VOICE V TAKEN ON THE A OVE MOTION, Councilman Schneider, Councilwom Jorgenson, Councilm n Fitzpatrick and Mayor Nee voted in fav o of the motion. Councilman Billings voted against the mot ' Mayor Nee declared the otion carried by a 4 to 1 vote. 12 . RECEIVE THE MINUTES OF THg PLANNING COMMISSION MEETING OF JULY 22 , 1992 • A. RESOLUTION NO. 60-1992 APPROVING A SUBDIVISION LOT SPLIT L.S. #92-03 , TO SPLIT PROPERTY INTO TWO SEPARATE LOTS, GENERALLY LOCATED AT 1376 6§TH AVENUE N.E. , (BY DOUG AND BETH NYBERG) : Ms. Dacy, Community Development Director, stated that this is a .request for a lot split to divide property between 66th Avenue and Creek Park Lane in an R-1 zoning district. She stated that it is proposed to split the parcel into two residential lots. She stated that both parcels meet the lot area and lot width requirements. MOTION by Councilman Schneider to adopt Resolution No. 60-1992 , with the stipulation for the payment of a park dedication fee of $750. 00, attached as Exhibit A. Seconded by Councilwoman Jorgenson. Upon a voice vote, a 1 voting aye, Mayor Nee declared the motion carried unanimously. B. RESOLUTION NO. 61-1992 APPROVING A SUBDIVISION LOT SPLI L.S. 92-04 TO SPLIT OFF THE SOUTH 33 FEET OF LOT 5 OCK 2 EAST RANCH ESTATES 2ND ADDITION GENERALLY L TED AT 7787 RANCHERS ROAD N.E. BY ROBERT SCHROER : Ms. Dacy, Community Development Director, st ed that this is a proposal to split off the south 33 feet o of 5, Block 2 , East Ranch Estates 2nd Addition. She s ed that the Planning Commission recommended approval with ur stipulations, which she outlined. She stated that staff recommending approval of the lot split and adoption of this solution. MOTION by Councilman Fitz rick to adopt Resolution No. 61-1992 with the four stipulat ' ns attahed as Exhibit A. Seconded by Councilman Billings. Councilman Bill ' gs asked if anasement was being extended to the current prop y owners and if a y other stipulations were needed in this r ard. FRIDLEY CITY COUNCIL MEETING OF AUGUST 17 , 1992 PAGE 15 Mr. Pehl stated that he is here to request a special use permit nd not to discuss an easement. Councilman Schneider asked Mr. Pehl if he would grant the ty an easement. Mr. Pehl stated that he would not at this meeting. Ms. Dacy stated that even with the alternate loc tion of the building behind the house, if there is a prescri tive easement there now, it may behoove both parties to official describe that so the property owner knows how much the City ca legally use and, on the other hand, the City has some type of a cess. She stated that as it is now, it is not a defined entit She stated that staff discussed a recommended easement locat' n with Mr. Pehl. Mr. Herrick stated that a prescriptive ea ement is one the City has because it has existed for a period f. time. He stated that the only way this can be defined is by e court. He stated that in this case, it would be necessary r the maintenance_ of the sewer line. Councilman Schneider asked if an easement can be acquired by eminent domain. Mr. Herrick stated that he woul have to review this further. Mr. Pehl stated that the eas ment takes up 17 percent of the lot area and comes within thre feet of the building, and the sewer line is within eight fee He stated that his intent is to cooperate, but he did no think a permit should be held over his head to force cooperati He stated that is cooperation on the City' s terms. Councilman Schneider stated that he would like to know what the City's options are. MOTION by Council an Schneider to table this item for thirty days for the City Att rney's Office to submit a written list of options and projected c sts to acquire an easement for the sanitary sewer line on this parcel of property. Seconded by Councilwoman Jorgenson. Councilman illings asked if there was a period of time in which the Counc' must take action on this request or otherwise, by default, he special use permit is granted. Ms. Da y stated that the time period is sixty days, unless the petitioner requests the special use permit be tabled. Co cilman Billings stated that he did not think that the easement a d the special use permit go hand in hand. He felt that the STATE OF MINNESOTA ) COUNTY OF ANOKA ) ss CITY OF FRIDLEY ) I, the undersigned, being the duly qualified City Clerk of the City of Fridley, Minnesota, do herebl certify that I have carefully compared the RESOLUTION attache hereto, adopted by the City Council of the City of Fridley at said meeting on AUGUST 17, 1992, with the original record thereof n file in my office, and the same is a full, true and complete tra script therefrom insofar as the same relates to: RESOLUTION NO. 60 - 1992 RESOLUTION APPROVING A SUBDIVISION, LOT SPLIT, L.S. #92-04, TO SPLIT PROPERTY INTO TWO SEPARATE LOTS, GENERALLY LOCATED AT 1376 -66TH AVENUE N.E. WITNESS MY HAND as City Clerk of the City of Fridley and the seal of the City, this 18TH day of AUGUST, 1992 . (SEAL) IRLEY A. Hh&PALA CITY CLERK OF THE CITY OF FRIDLEY Ali RESOLUTION mo. 60- 1992 RESOLUTION APPROVING A SUBDIVISION, LOT SPLIT, L.S. ##92-03, TO SPLIT PROPERTY INTO TWO SEPARATE LOTS, GENERALLY LOCATED AT 1376 - 66TH AVENUE N.E. WHEREAS the City Council approved a lot split at the August 17 , 1992 meeting; and the Planning Commission stipulation attached as Exhibit ; and WHEREAS, such approval was to split property into two lots, generally located at 1376 - 66th Avenue N.E. , legally described as follows: PARCEL A: That part of the West 1/3 of the East 249 feet, front and rear, of Lots 6 and 14 , Revised Auditor's Subdivision No. 10, according to the plat thereof on ile and of record in the office of the Registrar of Titles in and for Anoka County, Min esota, lying north of the south 124 .47 feet of said Lot 6 and the West 1/3 of the East 2,19 feet of Outlot A, Dennis Addition, according to the map or plat thereof on file and of record in the office of the Registrar of Titles in and for Anoka County, Minnesota. PARCEL B: The South 124 .47 feet of the West 1/3 of the East 249 feet, front and rear, of Lots 6 and 14, Revised Audi or's Subdivision No. 10, according to the lat thereof on file and of record in the off e of the Registrar of Titles in and for Anoka County, Minnesota. WHEREAS, the City has received the required Certificate of Survey from the owner; and WHEREAS, such approval will split the property into two separate lots. NOW, THEREFORE, BE IT RESOLVED, that the City Council directs the petitioner to record this lot split at Anoka County within six months of this approval or else such approval shall be null and void. 12 Resolution No. 60 - 1992 Page 2 PASSED AND ADOPTED BY THE CITY C UNCIL OF THE CITY OF FRIDLEY THIS 17TH DAY OF AUGUST 1992 . WILLIAM J. NEE - MAYOR ATTEST: SHIRLEY A. HAAPALA - CITY CLERK 12L EXHIBIT A Resolution No. 60 - 1992 1. A park dedication fee of $753. 00 shall be paid at the time of issuance of a building permit for the vacant lot. 12 RESOLUTION O. 60-, 1992 RESOLUTION APPROVING A UBDIVISION, LOT SPLIT, L.S. #92-03 , TO SPL T PROPERTY INTO TWO SEPARATE LOTS, GENERALL LOCATED AT 1376 - 66TH AVENUE N.E. WHEREAS the City Council approved a lot split at the August 17 1992 meeting; and the Planning Commission stipulation attached as Exhibit ; and WHEREAS, such approval was tosplit property into two lots, generally located at 1376 - 66th venue N.E. , legally described as follows: PARCEL A: That part of the W st 1/3 of the East 249 feet, front and rear, f Lots 6 and 14 , Revised Auditor's Subdivision No. 10, according to the plat thereof on file and of record in the office of the Registrar of Titles in and for Anoka County, Minnesota, lying north of the south 124 . 47 feet of said Lot 6 and the West 1/3 of the East 2,19 feet of Outlot A, Dennis Addition, according to the map or plat thereof on file and of r cord in the office of the Registrar of Titl s in and for Anoka County, Minnesota. PARCEL B: The South 124 . 47eet of the West 1/3 of the East 249 feet, fr nt and rear, of Lots 6 and 14 , Revised Audi or's Subdivision No. 10, according to the lat thereof on file and of record in the off e of the Registrar of Titles in and for Anoka ounty, Minnesota. WHEREAS, the City has received t e required Certificate of Survey from the owner; and WHEREAS, such approval will spli the property into two separate lots. NOW, THEREFORE, BE IT RESOLVED, hat the City Council directs the petitioner to record this lot s lit at Anoka County within six months of this approval or else such approval shall be null and void. 12 Resolution No. 60 - 1992 Page 2 PASSED AND ADOPTED BY THE CITY C UNCIL OF THE CITY OF FRIDLEY THIS 17TH DAY OF AUGUST 1992 . WILLIAM J. NEE - MAYOR ATTEST: SHIRLEY A. HAAPALA - CITY CLERK 12 L .� N EXHIBIT A Resolution No. 60 - 1992 1. A park dedication fee of $70. 00 shall be paid at the time of issuance of a building permt for the vacant lot. 12 CI OF FRIDLEY FRIDLEY MUNICIPAL CENTER •6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 •(612)571-3450• FAX (612)571-1287 i CITY COUNCIL ACTION TAKEN NOTICE August 19, 1992 Doug and Beth Nyberg 1376 - 66th Avenue N.E. Fridley, MN 55432 Dear Mr. and Mrs. Nyberg: On August 17, 1992 , the Fridley City Council officially approved your request for a lot split, L.S. #92-03 , to split property into two lots, generally located at 1376 - 66th Avenue N.E. , legally described as follows: PARCEL A: That part of the W st 1/3 of the East 249 feet, front and rear, of Lots 6 and 14 , Revised Auditor' s Subdivision No. 10, according to the plat thereof on file and of record in the office of the Registrar of Titles in and for Anoka County, Minnesota, lying north of the south 124 . 47 feet of said Lot 6 and the West 1/3 of the East 249 feet of Outlot A, Dennis Addition, according to the map or plat thereof on file and of record in the office of the Registrar of Titles in and for Anoka County, Minnesota. PARCEL B: The South 124 . 47 feet of the West 1/3 of the East 249 feet, fr nt and rear, of Lots 6 and 14 Revised Auditor' s Subdivision No. 10 according to the plat thereof on file and of record in the offi e of the Registrar of Titles in and for Anoka County, Minnesota. This lot split approval is contingent on the following stipulation: 1. A park dedication fee of $7 0. 00 shall be paid at the time of issuance of a building permit for the vacant lot. Doug and Beth Nyberg August 19, 1992 Page 2 You have six months from the date of City Council action to record the lot split at Anoka County. A certified copy of the resolution is enclosed. I will also need to "stamp" the deed prior to recording it at Anoka County. If you have any questions regarding the above action, please call the Planning Department at 571-3450. Sincerely, Barbara Dacy, AICP Community Development Director BD/dn Please review the above, sign the statement below and return one copy to the City of Fridley Plan ing Department by September 2, 1992 . oncur with a tion ,,uUUlmy— --- of Real Estate Value ( )filed ( )not required Certificate of Real Estate Value No. ,19 County Auditor by Deputy STATE DEED TAX DUE HEREON: $ Date: 19 92 (reservedfor recording data) FOR VALUABLE CONSIDERATION, Douglas Irving Nyberg and Beth D Nyberg husband and wife Grantor(s), (marital status) hereby convey(s)and warrant(s)to ,Grantees as joint tenants,real property in Anoka County,Minnesota,described as follows: That part of the West one-third of the East 249 feet, front and rear, of Lots 6 and 14, Revised Auditor's Subdivision Number 10, according to the plat thereof on file and of record in the office of the Registrar of Title in and for Anoka County, Minnesota, lying north of the south 124.47 feet of said Lot 6. And The West one-third of the East 249 feet of Outlot A, Dennis Addition, according to the map or plat thereof on file and of record in the office of the Registrar of Titles in and for Anoka County, Minnesota. (if more space is needed,continue on back) together with all hereditaments and appurtenances belonging thereto,subject to the following exceptions: Building and zoning laws, ordinances, state and federal regulations; Restrictions n f he ro rt without effective-forfeiture provisions; Reservation of any mineral rights by the State of Minnesota; Utility and drainage easements which do not interfere with existing improvements. Douglas I. Nyberg V1'fis I),,rd fns titamp Here Beth D. Nyberg STATE OF MINNESOTA ss. COUNTY OF Anoka 1 The foregoing instrument was acknowledged before me this�` `' day of 19_x, by Douglas Irving Nyberg and Beth D Nyberg husband and wife Grantor(s). l j NOTARIAL STAMP OR SEAL(OR OTHER TITLE OA AANK) SIGNATURE'OF PERSON TAKING ACKNOWLEDGMENT Tax Statement'foT the seal property described In this I>ytsument should be tent to(Include bane and add..of Graatee): __ GPPftOVED` TRANSFER THIS INSTRUMENT WAS DRAFTED BY(NAME AND ADDRESS): ra�tee9l: ¢rb ditiont i First Security Title �e�r 100 Village Center Drive 1376 Q1 29i:r♦ue N.E. North Oaks, MN 55127 City of Fridley, MN 55432 Date: 1 34205052 B)y: I --- (SEAL) t:,' rLLH,3U- KL I UKIY IVU I t W1 I h UMUMtN I 5U WE KNOW REASONFOR REFUSING THANKS Cert. No. 7i LO Document being returned unfiled at this time because: PLEASE NOTE THAT WHITEOUT IS NOT ACCEPTABLE ON TORRENS DOCUMENTS Thanks #ethy STATE OF MINNESOTA ) CITY COUNCIL PROCEEDINGS COUNTY OF ANOKA ) PLAT/LOT SPLIT CITY OF FRIDLEY ) In the Matter of: a lot split, L.S. #92 03 Owner: Doug and Beth Nyberg The above entitled matter came before the City Council of the City of Fridley and was heard on the 17th day of August IV 19 92 , on a petition for a plat/lot split pursuant to the City of Fridley's Zoning Ordinance, for the following described property: To split property into two separate lots, Parcel A and Parcel B, generally located at 1376 - 66th Avenue N.E. (see attached resolution for legal description) . IT IS ORDERED that a plat/lot split be granted as upon the following conditions or reasons: Approval with one stipulation. See attached resolution for stipulation. See City Council minutes of August 17, 1992. STATE OF MINNESOTA ) COUNTY OF ANOKA ) OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) I, William A. Champa, City Clerk for the Cit of Fridley, with and in for saiY Y.d City of Fridley, do hereby certify that I have compared the foregoing copy and Order granting a plat/lot split with the original record thereof preserved in my office, and have fou d the same to be a correct and true transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereun o subscribed my hand at the City of Fridley, Minnesota, in the County of Anoka on theday of 19 DRAF ED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 A�)�, Wi liam A. Champa, City Clerk (SEAL) RESOLUTION NO. 60 - 1992 RESOLUTION APPROVING A SUBDIVISION, LOT SPLIT, L.S. #92-03 , TO SPLIT PROPERTY INTO TWO SEPARATE LOTS, GENERALLY LOCATED AT 1376 - 66TH AVENUE N.E. WHEREAS, the City Council approved a lot split at the August 17, 1992 meeting; and the Planning Commission stipulation attached as Exhibit A; and WHEREAS, such approval was to split property into two lots, generally located at 1376 - 66th Avenue N.E. , legally described as follows: PARCEL A: That part of the West 1/3 of the East 249 feet, front and rear, of Lots 6 and 14, Revised Auditor' s Subdivision No. 10, according to the plat thereof on file and of record in the office of the Registrar of Titles in and for Anoka County, Minnesota, lying north of the south 124 . 47 feet of said Lot 6 and the West 1/3 of the East 249 feet of Outlot A, Dennis Addition, according to the map or plat thereof on file and of record in the office of the Registrar of Titles in and for Anoka County, Minnesota. PARCEL B: The South 124 . 47 feet of the West 1/3 of the East 249 feet, front and rear, of Lots 6 and 14 , Revised Auditor' s Subdivision No. 10, according to thelplat thereof on file and of record in the office of the Registrar of Titles in and for Anoka County, Minnesota. WHEREAS, the City has received the required Certificate of Survey from the owner; and WHEREAS, such approval will split the property into two separate lots. NOW, THEREFORE, BE IT RESOLVED, hat the City Council directs the petitioner to record this lot split at Anoka County within six months of this approval or else such approval shall be null and void. Resolution No. 60 - 1992 Page 2 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 17TH DAY OF AUGUST, 1992 . WILLIAM J. NEE - MAYOR ATTEST: SHIRLEY A. HAAPALA - CITY CLERK 1 n EXHIBIT A Resolution No. 60 - 1992 1. A park dedication fee of $750. 00 shall be paid at the time of issuance of a building perm't for the vacant lot. FRIDLEY CITY COUNCIL MEETING OF AUGUST 17 1992 PAGE 16 special use permit should stand on its own and would et support the motion to table. He did no feel that the arty days would accomplish anything or change thepetitio s position. Councilman Schneider stated that id not feel the Council should perpetuate mistakes. UPON A VOICE VOTE N ON THE ABOVE MOTION, Councilman Schneider, Councilwoman genson, Councilman Fitzpatrick and Mayor Nee voted in favo the motion. Councilman Billings voted against the mot' Mayor Nee declared the motion carried by a 4 to 1 vote. 12. RECEIVE THE MINUTES OF THF PLANNING COMMISSION MEETING OF JULY 22 , 1992• A. RESOLUTION NO. 6.0-1992 APPROVING A SUBDIVISION LOT SPLIT L-S: 92-03 TO SPLIT PROPERTY INTO TWO SEPARATE LOTS GENERALLY LOCATED AT 1376 6TH AVENUE N.E. BY DOUG AND BETH NYBERG) : Ms. Dacy, Community. Development Director, stated that this is a .request for a lot split to divid property between 66th Avenue and Creek Park Lane in an R-1 zoning district. She stated that it is proposed to split the parcel into two residential lots. She stated that both parcels meet the lot area and lot width requirements. MOTION by Councilman Schneider to adopt Resolution No. 60-1992, with the stipulation for the pa ent of a park dedication fee of $750:00, attached as Exhibit A. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. B. RESOLUTION NO. 61-1992 APPROVING A SUBDIVISION LO PLIT L.S. 92-04 TO SPLIT OFF THE SOUTH 33 FEET OF 5 BLOCK 2 EAST RANCH ESTATES 2ND ADDITION GENE Y LOCATED AT 7787 RANCHERS ROAD N.E. BY ROBERT SCHROE Ms. Dacy, Community Development Directo , stated that this is a proposal to split off the south ' 33 f of Lot 5, Block 2, East Ranch Estates 2nd Addition. S stated that the Planning Commission recommended approval ,lith four stipulations, which she outlined. She stated that staff is recommending approval of the lot split and adoption of th' resolution. MOTION by Councilman Fzpatrick to adopt Resolution No. 61-1992 with the four stip tions attached as Exhibit A. Seconded by Councilman Billi s. Councilman fillings asked if an easement was being extended to the current roperty owners and if a y other stipulations were needed in t 's regard. JJ FRIDLEY CITY COUNCIL MEETING OF AUGUST 17, 1992 PAGE 17 t/ Ms. Dacy stated that this is in the process of being completed, and no additional stipulations are required. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted ayell and Mayor Nee declared the motion carried unanimously. MOTION by Councilman Billings to receive the minutes/ of the Planning Commission Meeting of July 22, 1992 . S conded by Councilman Fitzpatrick. Upon a voice vote, all votir aye, Mayor Nee declared the motion carried unanimously. 13 . REVOCATION OF SPECIAL USE PERMIT, SP #89-08 , BY 7570 INC. , FOR A REPAIR GARAGE ON PROPERTY ADDRESSED AS ;/7570 HIGHWAY 65, N.E. Ms. Dacy stated that Mr. Awaijane, owner of Sam's Auto Body, and the Division 7 Corporation, the new occupa of the former Lampert Lumber building, have met to address Division 7 Corporation's concerns as outlined in their August 4, 1992 letter. She stated that the concerns have been resolved. -Ms. Dacy stated that it is recomme ed that the Council move to cease the revocation process for s cial use permit, SP #89-08, as all conditions have been met. MOTION by Councilman Schneider o cease the revocation process on Special Use Permit, SP #89- in light of the fact that all requirements have been met. Seconded by Councilwoman Jorgenson. Upon a voice vote, all vot' g aye, Mayor Nee declared the motion carried unanimously. 14 . APPROVE COMPREHENS VE SIGN PLAN AMENDMENT AT HOLLY SHOPPING CENTER 6500 UNIV RSITY AVENUE N.E. : Ms. Dacy, Community evelopment Director, stated that an amendment has been requested to Holly Shopping Center's sign plan to permit the use of four of high signs on the east wall of the shopping center complex. She stated that the original sign plan did. not address signs 1 cated on the east wall of the building. She stated that the inte is for the sign to have a red background with white lettering. he stated that staff recommends approval of this amendment t the sign plan. MOTION by Councilman Billings to deny this request. Seconded by Council n Schneider. Counc ' man Billings stated that he is not clear on what is being requ sted. Ms. Dacy stated that Snyder's Drug has an existing sign, there is o e remaining tenant space that will be occupied by Two Mallard \ ass, and they are also requesting signage on the east wall.