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ZOA85-02 _ CITY OF FRIOLEY. SUBJECT ZONING ACTION ZOA #_ 6431 UNIVERSITY AVE. NFc. VACATION SAV #E FRIDLEY. MN. 5543e W%-M.571.3450 PLAT PS #E q ORDINANCE NO PUBLISHED ADDRESS DATE PLANNING COMMISSION: APPROVED DISAPPROVED DATE 8h,065 110. CITY COUNCIL: PUBLIC HEARING DATE 1ST READ 2ND READ CITY COUNCIL: . APPROVED DISAPPROVED DATE NO PARK FEE REQUIRED: AMOUNT PAID STIPULATIONS: NAM /(,-o/<OdrSSL"--�L. FJ300, RECEIPT NO/ 75- y4, STREET LOCATION OF PROPERTY LEGAL DESCRIPTION OF PROPERTY 1_�T /g//3� 2, '� PRESENT ZONING CLASSIFICATION R t EXISTING USE OF PROPERTY Vnc,�-N T ACREAGE OF PROPERTY DESCRIBE BRIEFLY THE PROPOSED ZONING CLASSIFICATION OR TYPE OF USE AND IMPROVEMENT PROPOSED 2 - Z w I�r-%A -2-c- tzo L c-r L.InSE Has the present applicant previously sought to rezone, plat, obtain a lot split or variance or special use permit on the subject site or part of it? yes `-' no. What was requested and when? The undersigned understands that: (a) A list of all residents and owners of proper- ty within 350 feet must be attached to this application (rezoning) , 300 feet, (plat- ting), wil_lbe attached to'this bpplication. ' (b) This application must be signed by all owners of the property, or an explanation given why this is not the case. (c) Responsibility for any defect in the proceedings resulting from the failure to list the names and addresss of all residents and property owenrs of property in question, belongs to the undersigned. A sketch of proposed property and structure must be drawn and attached, showing the following: 1. North direction. 2. Location of the proposed structure on the lot. 3. Dimensions of property, proposed structure, and fron and side setbacks. 4. Street names. 5. Location and use of adjacent existing buildings (within 350 feet). The undersigned hereby declares that all th facts and respresentations stated in this application are true and correct s �2� `%o4157 DATE J 7 - S SIGNATURE 7s-2— os 2-- z . ADDRESS %/S-L�� /3� �:� �✓ �Ji9r�w TELEPHONE NO 5-5- A_4*_P C� `sh-tpc� k97 GCa✓wlan SiCr• i 10 PUBLIC HEARING BEFORE THE PLANNING COMMISSION Notice is hereby given that there will be a Public Hearing of the Planning Commission of the City of Fridley in the City Hall at 6431 University Avenue Northeast on Wednesday, August 21 , 1985 in the Council Chamber at 7 :30 p.m. for the purpose of: Consideration of a rezoning request, ZOA #85-02, by Kent Roessler, to rezone from R-1 (one family dwelling) to R-2 (two family dwelling) to allow the construction of three duplexes to be located on Lots 1A, 1B, 2 and 3, Block 1 , Iwen Terrace, the same being 5586, 5570, 5560, Fillmore Street N.E. , all located in the South half of Section 24, T-30, R-24, City of Fridley, County of Anoka , Minnesota. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. VIRGINIA SCHNABEL CHAIRWOMAN PLANNING COMMISSION Publish: August 5, 1985 August 12, 1985 PUBLIC HEARING BEFORE THE CITY COUNCIL Notice is hereby given that there will be a Public Hearing of the City Council of the City of Fridley in the City Hall at 6431 University Avenue Northeast on Monday September 23, 1985 in the Council Chamber at 7 :30 p.m. for the purpose of: Consideration of a Rezoning request, ZOA #85-02, by Kent Roessler, to rezone from R-1 (one family dwelling) to R-2 (two family dwelling) to allow the construction of three duplexes to be located on Lots 1A, 1B, 2 and 3, Block 1 , Iwen Terrace, the same being 5586, 5570, 5560 Fillmore Street N.E. , all located in the South half of Section 24, T-30, R-24, City of Fridley, County of Anoka, Minnesota. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. WILLIAM J. NEE MAYOR Publish: September 9, 1985 September 16, 1985 i n 1 ' • i 1 � 1 a i• 1 •( • N � ►1 • •.=�■■• erg R;''.�� E �'i' : ; � 1 _ �� •t' 1" , t � ,v.•n;•r.x�deWiii�l� 'i •' ' • •� , ,r f rix �� r }�I , ,� �,•�,�e� ��a � .iii —......I ' �, «�«� "•�� '!fit �\ �- ��{ 1 1 o ST M.F. oo A _ Al °/5'¢5"w. 00. 43 e \ 1- - -59.23- Ku 55 833-92 , - - - 1. 1 ,7 %z I 33.92 I N 44z I t o I � A,, - i/05411, � I I IS I �, I ` I O V � 1 C� r� 8832 RZ OO '� 56.89 ; 32.// �� C� n rrl `J, 46. 1 I I I S2�G \\ ' I •�� I w 1,o 00 00 o i; v.; v !� •o p I, I ;' I 1 20 � - I I I I• D�tuEN�pY I (�R�ul�rJr9Y I OR wAY 35" ' I• - -- 8�4/- - - --- 8700 -- -- s8.6a __ 130.3 263,40 I ' S. 1007'55"E. Lill 0 PEAT AND SAND MIX FILLED AREA OF THE BAF�U SHALL BE EXCAVATED AT A 11 SLDPE EXIST INV W=898 49 EXIST 3d' RCP ST SWR E=89987 S=9`1865 EXIST. 30"RCP ST SWR. — _�- — EXIST 12" RCP ST SWR a. S —� SM'R EXIST. 21"RCP STS". DRIVE IST "YU W. SWR e"VCP SA ME LYNDE Q EXIST 6" SP WK �—24" I BUILDERS 6th I x . 2d r CO I w 8 7 8 5 4 3 2 PROPOSED SAE FU PROPOS D STORAGE POND C SESLINETI� 14 INVE W■ 8 a 4 a v & f g d �, N=8 _ t C t - 1 a "' \ `Ewsc 12"RCP sr.SWRREBUT — EXIST INV I B-1 \ S N=899.35 4N Pw 2d f 20 rlVT1541 D WIT Z 24" / 1 'fAI PROPOSED/ / I LIFT IO1 (SEE SP CS N FOR ` / 1 I �/ x REM fV ED2 1" 4" TEE (TYP) � ROF�S ,FYI � � � � \ � � � � 6 FOR W 110 l[.F 8 .V.C.0 0.864 X "� / / / EME �(n JWlll EAST ENO CAPPED 12' RCPEEND SECTION APRON �� i/ 2�--TRASH GUARD AND Q SS "A" OUTE9 /� ' NRO / RIP-RAP 1' DEPTH F LTER ABRIC / / / / E�clsT ' (SEE SPECS FOR DEPTH S)�I 890.0 ///�//// �o ` / ' P I N= 13 ^� I EX15Ta„cIe — S- ggry I I ” IN\I'893.30 PROPFSEiQ C.P�t� II // " �jN (`'� W 8 P Y ' ` REMOVE EXIS . 15/PVC./ �P�RSED \ v EXIST INV R 0¢-D TION W/ N ` w=9oo.35 p I� I PROPOSED / / Aff�J i S=9oa54 / XRA GUA �5�-- N=9oo.z9 O_ 12" RGP W S TIONS , / // O \ - EXIST 21' RCP 4 (SEE SHEET FOR / A A TAIL] �_3_�� / ST SWR aPRON \ DETAIL) LgtATI TO BE / / �—— — ——— / EXIST. Iz RC.P \ STAKED IV. FIE BY / �/� LGD R TO /� "ENGINEEI�. INV. 95.00TANT70STORAGE A TENDING POND — L A MN. NO INV. 8 BOOMI 0 I 89 \\ RO SED 1 1 \ \ \ \ N \� 1' R. . END SECTION\W N� *ASH GUgRO AND CLAS "A" GhO � � \ � � � \ 90V dri� n �� RIP-Re I nFPTH W/F TER ABRI \N S• 1 •1 �iN`• a . • :b♦bbbbb♦•b - •b♦bbbbb♦bb• , _ •♦•••••••••••w • v V A = � ••••moi••••• s�►b • GI W4. WER •��•bbbb•bbbbbb ♦ <• ssssssssss !i�i�i♦i�ibi�i�i�i�i�i� �� - ,; SUNNI. .10 DOWN N "� a��t ZOA #85-02 1 F 5586, 5570, 5560 `• i� Fillmore Street N.E. Kent Roessler ER %, -```�-�--=,►._- (VIAo,a-,; sem, b f ., � d ,. .t l 4W —TM jw ✓-1461.. S .., • ` !loll 56q596 �� /� . 91 "1o11 it* , Off / , -- -/—,--�-7, �Y}�r y, tri •► q 70" - � — ,�n ` « [� '�3 L • �l�}Y. r ,SO iO .IODp 100 jl 2pIIOt 104Q /0SQ1060 r7dO i AltktUig Rs !f rt' • r •� s��l�w-� C 79S fill I �OI) �64 1� I 10irl�i' AV f s l I - .� �M.��+ ►-,.2 .,.,w. ,�..... 1011 'l0 1161 1'II ,1121 111x ) 1141 _ ,..LYNDE DRIVE A / 56 r _ ��/'� !:.' j..� .fit +A•.�,�.r r•e• a ,•�� , r ,. . >� •��' 0001010 � ' �...3 ' �� y 'p • r au A \ `ik1/ AA f►oi fit.Q �• I �S✓w4✓f'A K \ I IVG .p, I L « - ��. �I5R try 1717 - ad • . .nJ--� •I a.J _ _w..d s..,a. 2s Mlctr'1N 411AM � — -� � �'s7/ R E ss7o ,\ `cwt ar�rE qN.WAMWA. 1/v worn. : rs CIO AUOQL A ♦t T. c S VISION 6 5 szs _ 7 _ --------- s5oq <i oq 8 I t ) 1271Abe i 3 1 1 NT y ERSA Arg. ZOA #85-02 I '3-9s,zoo/S 5586, 5570, 5560 I ! --OIP'P9Z Fillmore Streel lam— AF-09 ��..: 00[8 - - .- /v z8 Kent Roessler ` ' sz �r '+ctI A ior.x,rCC Cj . l'1 t Q Ch 4; 4° It o h N U Vivio VV \'• rr C, . ir r 1 Ur o� X, - Lj,j C)I J �..S�.S/o/S ti o C J 4i /i tf 6O 9S 00 Z8 `^ � Z£ v O PC y cly ZI c fjop s f 8 V `\ C 1 1 zein- -- ---' ---- 00L8 £fi OOZ a4ti o I r►�..5�,5/,/lv Q O �'N IS o 3 / v -1-7-=/u-J-5 -7 uv Y v l i i.i '19 ZOA #85-02 'n '3-99,Lool S c 5586, 5570, 5560 ! !'OPT- Fillmore StreeF.-- +/F- -- 985 - �. '�--- OOYB -- 77 Kent Roessler ' Cry I 1 jy I I all, ^ a W °e am ~ C9 C� $ � I � I I C` ` -- - UC o 00 JCJ 4iu //LF 6P'9S C' 00 Z8 Z£'88LZ Vpuj C4) m C) O' zt 'Z �\ O 1 14 I Z FS 8 d I 00z8-- -- �-fz'6s- -- � £t,OOZ o I %v►,.S�,s/"//v x : f 4' J Yr " ""itR4�'i".•r` ri f ♦ i w�+.. .�.* x • .. 21 _ 1 � r i�i:i�«''rt�ss'if•� aid r k s _ •t � :y� '= ZOA #85-02 5586, 5570, 5560 k 1 ► �' , '}`. y t, � „ Fillmore Street NE :• , t pr: �' '� Kent Roessler ir 1!i r if '' I r, a ,�• .�'„h r pp ► � ti h h"�S: i ti �d•�1 j�R�,�,l�t,/ �2R•7' • tl' ( � .JI G .r ��, Iw �Y}. :r.r��♦ � JC*.A, ..af Aj FFF r I � 1 i � �,• � Ar � � •i ► yf ,nf1 1 , F f ( 22 t ` t.. i,•- ZOA #85-02 x �` p 5586, 5570, 5560 Fillmore Street NE :j '� • � ~,.- j r "' -t �� Kent Roessler Oi •� 1 C.• � ,i t1'i:,.�„ 4 r � 'rl �'+�JMt yw-ire t �. .l1,1• y .R:�3'�. fir' Rj. !i4•� ?1 f •r +'�< re ��j 9• •T' � i'1a t l 1 i�-1it.a�t�1�,��4 1_j _� h �tikA�h;. �� Y Zw�� '• IF r•�-;�� .#•j;:l..,fti;•' i� ria - - i �l � ,I � , (�( 1 l�tfa.l•'t�n,�r '� � ti` x • k�rS+tf i• rf. 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"2 �� k�f`� t � ''�4 +" + +, '„z >i yAa pyY.�•' �x s hw�,�`��Jw�* dk + M �P �' �,'t .d r ,�'. v 1 ,• h^w :Cd w,t i � <�`:''t .�J a '' d„"� y T sa r 4 { + � �.rn3f' 2� n Fr ,d a ,r�"war � •�,`'� � j"' w f` � ^� { + f• g ,, '^�.ry�'�. iyi�� l�t rya ti d r,• e ,,� '� a"�` �" •S r�Wr +��> �t*".t+ MKpA� �1�ter. •� � t i* '� '" �' L ki r Y + wtix ,f-° d h t !�' r :.v+�rd� A t��.�•�=1.y.�„� 'f ,{. - _ t fi,,,�' q,��.y_4 � t1 ., '�;��j t_' 4 ;T ik r.t 4 4 , s a n �X' s,ww" nrt�� a• t^ '7 'i U u t 4. 1 + X4h „wk ` � � ��. � I�C �+nh, tl•:�{ �, �i';�ata�,t `��`S eft ,� �+� �. y�r�-r i �� YI '�M., t "t t�f ) { A}"�'1Ra 9 ^Y •'F'�T � i�� zk�gb�tg 4, b 1 � � r•., vd+e��fi-� A d 'ud � A� 4{v,, + ,. rt ;W, '4 1 � y�o t,'- al k ff A` r� r 9 kL "�S•' a f' r °� 1X ",♦ ,, � �.3, r�t"t t 01�1*m` v k .t1 ''.3 'tc't�°'• i 1 12 Planning Commission August 2, 1985 City Council September 6, 1985 MAILING LIST Gerald �J. Hults Donald E. Hart ZOA #85-02 980 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 (Official Publication) PUBLIC HEARING BEFORE THE PLANNING COMMISSION Notice is hereby given that there will be a Public Hearing of the Plan- ning Commission of the City of Fridley in the City Hall at 6431 Uni- versity Avenue Northeast on Wednes- day, August 21, 1985, in the Council Chamber at 730 p,m.for the purpose of: Consideration of a rezoning re- quest, ZOA N 85-02, by Kent Roessler, to rezone from R-1 (One family dwelling)to R-2(two family dwelling)to allow the con- struction of three duplexes to be located on Lots IA, 1B, 2 and 3, Block 1,Iwen Terrace,the same being 5586, 5570, 5560, Fillmore Street N.E., all located in the South half of Section 24, T-30, R-24, City of Fridley, County of Anoka,Minnesota. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. VIRGINIA SCHNABEL Chairwoman Planning Commission (Aug.5&12,1985)-FRID l (Official ) ication PUBLIC HEARINGIBEFORE THE CITY COUNCIL Notice is hereby given that there will be a Public Hearing of the City Council of the City of Fridley in the City Hall at 6431 University Avenue Northeast on Monday,September 23, 1985 in the Council Chamber at 7:30 p.m.for the purpose of: Consideration of a Rezoning request, ZOAM85-02, By Kent Roessler, to rezone from R-1 (One family dwelling)to R-2(two family dwelling)to allow the con- struction of three duplexes to be located on Lots 1A, 1B, 2 and 3, Block 1,Iwen Terrace,the same being 5586, 5570, 5560 Fillmore Street N.E., all located in the South half of Section 24, T-30, R-24, City of Fridley, County of Anoka,Minnesota. Any and all persons desiring to be heard shall be given an Opportunity at the above stated time and place. WILLIAM J.NEE Mayor (Sept.9,&16,1985)-FRID W COMMISSION APPUCATION REVIEW Department ]Number Pile Date Meeting Date CIN� Planning 60 7/26/85 8/21/85 f RI DLEY File Address/DescrilMon zoa #85-02 COMPLETE REVIEW CHECKLIST Rezone from R-1 to R-2 to allow construct. located on Fillmore street. RETURN TO PLANNING ® JIM COMMENTS A&U d rAx"06 44f� �, 6,& I-tio-.4r Z".,/ OH N & - a4to 0�� / - a-c ce?715 A, . 6� DARREL [ICLYDE _Rf � MARK 2. ,� 89 s z LEON $97 �:� r ' � �(''`'''.�,�( ,�w".lo�✓dm, �, �Y� //t /j-A►Vv 'r'r✓ C_-- r( c... MEMO TO: Nasim Qureshi , City Manager MEMO FROM: Jim Robinson, Planning Coordinator MEMO DATE: August 16, 1985 REGARDING: Rezoning in Ward 2; Iwen Terrace Mr. Iwen and Mr. Gearman have applied for a rezoning of Lots 1A, 1B, 2 and 3, Block 1 , Iwen Terrace. The present zoning is R-l; they are proposing R-2. Their intent is to build three duplexes and zero lot line each, creating six dwellings. Lot split proceedings to accomplish this are also scheduled . The units are proposed to sell for $75,000 to $85,000. The elevations are attached . A covenant on the property which specifies single family detached would have to be amended. The meeting is scheduled for August 21 , 1985. We felt you may want to pre- inform Councilman Schneider. JLR/dm Attach. M-85-79 Cc HERRICK & NEWMAN, P.A. VIRGIL C.HERRICK ATTORNEYS AT UW 62"UNIVERSITY AVENUE N.E. DAVID P.NEWMAN FRIDLEY.MINNESOTA 55432 JAMES E.SCHMECKPEPER 371-38W Ocotber 11, 1985 49 Jim Robinson V City of Fridley , 6431 University Avenue N.E. J% ��• Fridley, Minnesota 55432 Ajq / RE: Iwen Terrace q Dear Jim: Enclosed you will find the proposed amendments to the building restrictions and covenants which you requested in the above matter. After you have obtained the necessary signatures on this document the owners should then be required to record this document. SlincerelAy yours, David P. Newman DPN:JEB Enclosures c , PLAT OF IWEN TERRACE AMENDED BUILDING RESTRICTIONS AND COVENANTS WHEREAS, A. T. GEARMAN and ROSEMARIE H. GEARMAN, his wife, CITY OF FRIDLEY, and GERALD W. and HAZEL D. IWEN, being the owners of all of the lots in the plat of IWEN TERRACE on file and of record in the office of the Register of Deeds in and for Anoka County, Minnesota; and WHEREAS, building restrictions and covenants to the subject property were entered into on the 31st day of October, 1977 ; and WHEREAS, said building restrictions and covenants provide that only detached single family dwelling are to be constructed on the subject property; and WHEREAS, the owners have now petitioned the City of Fridley for the construction of three, two-unit homes on said property; NOW, THEREFORE, it is agreed by and between the parties, said parties being one hundred percent (100%) of the owners of IWEN TERRACE, that the building restrictions and covenants dated October 31, 1977 for the subject property be amended to permit the construction of three separate two family units in accordance with the application for a lot split request, L.S. #85-07 as submitted to the City of Fridley. e IN WITNESS WHEREOF, we have hereunto set our hands this day ofG%�/,3En� . 1985 . A.T. earman arie H. Gearman City of Fridley Gerald W. Iwen Hazel, . Iwen ' STATE OF MINNESOTA) )ss . COUNTY OF ANOKA ) � ' On this r , day of 'Z 1985, before me, a notary public, within and -for said County, personally appeared A.T. Gearman and Rosemarie H. Gearman, his wife, to be known to be the persons described,,.- nd who executed the foregoing instrument, and acknowledged, hat they eecuted the same as their free act and de d. Notafy Public STATE OF MINNESOTA) )ss . COUNTY OF ANOKA ) `Tr! On this 1 Cday of 1985, before me, a notary public, within and for said County, personally appeared , %S ��a ; for the City of Fridley, to be known to be the person described in and who executed the foregoing instrument, and acknowledged that they executed the same as their free act and�ded i Notary Public W TA?Y 11l Alc- SlNNE"CU h^tUi:,A COON 1Y S: STATE OF MINNESOTA) )ss . COUNTY OF ANOKA ) On this 1.4&_�day of 1985, before me, a notary public, within and for said County, personally appeared Gerald W. and Hazel D. Iwen, to be known to be the persons described in and who executed the foregoing instru- ment, and acknowledged that they a cu ed the same as their free act and deed. f ` �j , Notary Public This instrument was drafted by: HERRICK & NEWMAN, P.A. 6279 University Avenue N.E. Fridley, Minnesota 55432 ( 612 ) 571-3850 _ 13 .M + PLAT OF IWEN TERRACE BUILDING RESTRICTIONS AND COVENANTS WHEREAS, A.T. GEARMAN and ROSEMARIE H. GEARMAN, his wife, are the owners of all of the lots in the plat of IWEN TERRACE on file and of record in the office of the Register of Deeds in and for Anoka County, Minnesota; and WHEREAS, said owners being about to sell said lots as separate lots included in said Subdivision; and WHEREAS, the owners desire to provide for the continued attractiveness and desireability of all the said lots, do hereby impress upon each said lot in said Subdivision the following restrictions, and hereby do covenant with the purchasers of any of such said lots that the provisions hereof will apply to every other said lot in said Subdivision and will be so imposed by suitable reference in the Deed of Covenance thereof. NOW, THEREFORE, the said A.T. GEARMAN and ROSEMARIE H. GEARMAN, his wife, state that the said residential area, IWEN TERRACE, the following residential area building restrictions and covenants shall be and apply to all of the lands in said IWEN TERRACE, and shall be binding upon the said IWEN TERRACE and all of the owners, their respective heirs, assigns, and grantees and the heirs and assigns of the said grantees, to-wit: No lot shall beoused except for residential purposes. No building shall be erected, altered, or placed or permitted to remain on any lotother than one detached single family dwelling' —0t not to exceed two stories in height and a private garage for not more than three cars. That no dwelling, two stories, shall have living area of less than 700 square feet per floor; that no dwelling with one story or split entry shall have a living space of less than 1250 square feet. 14 Easements for installation and maintenance of and drainage facilities are reserved as shown on the recce-'.-i plat and over the front ten feet of each lot. Within these easements, no structure, planting or other material shall he placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may chance the direction of flow of drainage channels in the easements, or which may obstruct or retard the flow of water through draina;e channels in the easements. The easement area of each lot and all improvements in it shall be maintained continuously by the o4,ner of the lot, except for those improvements and utility structures for which a public authority or utility company is responsible. That the wet land area as shown on the recorded plat has been reserved to the City of Fridley for use as a detention and retention storm sewer pond. That said wet land area is a part of an existing drainage area, and that the surface area of the pond shall remain in its existing condition to ensure that ultimate storage capacity is unchanged. That the City of Fridley is without obligation to perform any maintenance or beautification as may be required from time to time as a result of rising or receding water levels. Location of all structures on said lots shall conform to the City of Fridley zoning codes regarding setbacks, except that no dwelling shall be located nearer than 35 feet from the front yard line. That at the time of Subdivision the elevation of the detention and retention pond was 893.2; and all structures located within the plat shall have a basement floor elevation at a minimum differential of 2 ft. higher than the pond elevation of 893.2. In addition, any access opening (walkout, windows, etc.) shall have a 4 ft. minimum elevation differential than said pond elevation. 1 -2- t 15 No noxious or offensive activity shall be carried on upon any lot nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. No structure of a temporary character, trailer, base- ment, tent, shack, garage, barn, or other outbuilding shall be used on any lot at any time as a residence either temporarily or permanently. No lot grade is to be raised or altered so as to impede the natural drainage along the drainage easements as indicated on said plat. These covenants are to run with the land and shall he binding on all parties and all persons claiming under them for a period of twenty-five years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten years unless an instrument executed on behalf of the City of Fridley and signed by the majorit of the then owners of the lots has been recorded, agreeing to change the said covenants in whole or in part-1 The enforcement of these covenants shall he by proceedings r at law or in equity against any person or persons violating or attempting to violate any covenant either to restrain violation or recover damages. Invalidation of any one of these covenants by judgment or court order shall in no wise affect any of the other provisions which shall remain in full force and effect. It is understood that these protective covenants shall be recorded in the office of the Register of Deeds in and for Anoka County, Minnesota, and that any and all conveyances by the owners hereto, individually or collec- tively, to lands in said addition, shall be made subject to the foregoing covenant. -3- 16 t IN WITNESS WHEREOF, have hereunto set-VUhanded this day of cl'1-7--, > i_ , 1977. A.T. Gearman Rosemarie H. GLarman STATE OF MINNESOTA) 1 ) ss. COUNTY OF ANOKA ) S� On this ,� day of j , 1977, before me, a notary public, within and for said County, personally appeared A.T. Gearman and Rosemarie H. Gearman, his wife, to he known to be the person described in and who executed the foregoing instrument, and acknowledged that taey executed the same as their free act and deed. • - ..,.c mac.� -G' ---'i c --/� Notary Public This instrument drafted by: Charles E. Mertensotto, Attprney-At-Law Rowland and Mertensotto 1100 West Seventh Street St. Paul, Minnesota 55102 -4- 1 PLANNING DIVISION CITYOF MEMORANDUM FRl DLEY MEMO TO: John Flora, Public Works Director MEMO FROM: Jim Robinson, Planning Coordinator MEMO DATE: November 7, 1985 REGARDING: Protective Covenants I spoke with Virgil Herrick this morning relating to the necessity of Mr. Iwen filing the Protective Covenant which was supposed to be filed some ten years ago. Virgil's opinion is that the filing would serve no useful purpose. There is really nothing in the Covenants which is more restrictive than what already exists in the zoning ordinance. Obviously if the original Covenant is not filed then the amendment to all duplexes which was stipulated with the lot split will not be needed either. Unless you disagree I will inform Mr. Iwen that he does not need to file these documents. JLR/dm M-85-134 r Y 2D P11_..:-ining Commission Meeting_- May 4 , 1977 _- Page I'D Mrs. Pavlik wanted to know was going to be done _garding the rezoning and the size of the lots. Chairperson Harris indicated that the susect would have to be appear before the Appeals Commission. �1owrver, he stated that if the petitioner decided to go alon with the previous t he would nc:. r the ado�.�n� rive lots,di��.�,s,,ior.s regarding e Me �D have to go before the /appeals Co vKission• Chairperson Harris indicated thatMr. Peterson mig'rt have to go before the ApPc,4ls Commi-sion regardingthe Io.s on Osborne Road. Mr- Morin requested to be/tifir:d if the subject went before the Appeals Commission �,a).n. Mr,, Coardman indica -d that usLIallY P eo�.le aren' t notified on an item that had en previously tabled - Chai••person Hpr� s indicated that it would be best, in this part_cular�R'ase, to notify the people that would be cor�carnec':• Mr. 1,10 'n/assured the Planning Commission that it they Wcu? d be nctified, that there would be a good turn-out /In- 2. oarc'r: :n said that.: the peopi�� would be notified by m"�.1. • P '� '".G : CO(:,;�IDERi TIO'; OF A FRELIMI;IA-V PLA'„ - '\T IES RACE , BY A, T• GEARMfaN:F62p -f,-6 r rt ofi is 31 rl , and 5, Auditor' s Subu"ivision No. , enerally located immediately South of the 1000 Blick of Lynde Drive N. E • , East or Poll: Street N.E . and West of Fillmore Street N. E . MOTION by Mr. Bergman, seconded by Mr. Petersen, to opi,n the Public Hearing on the Consideration of a preliminary plat , P. S. :t77-03, Iwen Terrace, by A. T. Gearman. Upon a voice vote, all voting aye, Chairperson Harris declared thie Public Hearing open at 8: 40 P.M. P0TION by Mr. Langenfeld, seconded by Mr. Peterson-, that the Planning Commission receive the memorandum to Jerry Boardman from Thomas A Colbert, Assistant City Engineer, dated May 4 , 1971 ?, regarding the Iwen Terrace Plat. Upon a voice vote, all voting aye., the motion carried unanimously and the memorandum was received. Planning Commission Meeting — May 4 , 1977 Page 14 . 2E Chairperson Harris asked Mr. Boardman to give the background on this item. Mr. Boardman indicated that the proposal was to plat some open property between Polk and Fillmore Streets N. E . , just south of Lynde Drive. He said that presently there was a large ponding area on this property- He continued to say that there was a proposed plat on this area at one time to make buildable sites out of the area, however, that plan fell through and this proposal t:as what came out of it. He indicated that the proposal was for six lots. Mr. Boardman showed the Planning Commission a copy of the proposed plat . He indicated that the lots are large having between 87 & 89 feet in width and about 304 feet deep He said that it. was the intent of the city to retain a drainage pond on the bacL portion of the property with drainage easement picked up on lots 4 & S. He said that the ponding area would drain off drainage into the sewer system on Polk Street. Mrs. Shea wanted to know about the easements. Mr. Boardman indicated on the drawing the easements that the City wanted. Chairperson Harris wanted to know if Lot 4 would be buildable . Mr- Boardman indicated on the drawing an area that would be regr-ded and he said that there would be a sizable area to bu=ild on this lot . He indicated, further, that at the time they wLr, not sure of the exact angle of the lot but said that before the final plat went to City Council the angle of Lot 4 could be changed = He said that the drawing would be reworked and preceed:?d to show the Commission different areas that would be reconsidered. NrL Berg-Tian asked Nr-, Boardman what the depth of lots would b`- NrL Boardman indicated that the lots would be 304 feet , of which the City would take 75 feet to allow for ponding area. Mrs, Schnabel asked why the City wanted a curved easement on Lot 4 rathe.- than make a right-angle turn onto the connecting street. Mr. Boardman indicated that it was mainly because of the slopes of the hillsides. He said that the angle of the curve had not been decided yet . He indicated that before the final plat went before the City Council he would be mceti'V with the Engineering Department to determine actually how much easement would be needed. Planning Commis ion Meeting — May 4 , 1977 Page 15 2 Mrs. Schnabel showed concern about the ponding area in terms of high water levels. She wanted to know if the drawing was showing the pond at its highest level or at its present level. Mr: Boardman indicated that it was shown at its current water level . Mrs . Schnabel said that at times the pond had been known to become quite large. Mr. Boardman said that the proposed plat had been to the Engineering Department and they felt that the 75 foot easement on each side, with a modification of the drainage area, would handle th^ higher water levels- Chairperson Harris asked if the City was presently damping water into the pond. Mr. Boardman indicated on the drawing the present areas that are Graining into the pond which in turn went to Moore Lake. Mr. Bo�-rdman also indicated that tfie ponding --rea was- a tempor,:,ry solution to the present plat . He said that if the petitioner, at a later date, decic,'`d to split the lots , then drainage would have to oo onto Polk Street and would be tal:`n care of by a new storm sei.-.,er system. he said thc`_, the pond was a solution to the drainaae that was presently there- Mr . Langenfeld warted to knew if the Rice Creek Water Shed District had any authority in the proposed plat . Mr. Boardman indicated that any proposals for drainage into I'loore Lake are sent to the Rice Creek Water Shed District- Mrs . Schnabel wanted to knoto if the intent was to drain the pond entirely in the future. Mr. Boardman indicated that the intent presently was to try to limit the drainage going into Moore Lake. Mr. Iwen {works for Mr. Gearman} indicated that presently this pond drained into Moore Lake. He said that the water level of the pond had to be kept down, otherwise the people in the area would have water in their basements. Mrs. H. C. McKinley of 1010 Lynde Drive said that they never had water in their basements until someone started draining the pond the last time {the year of the big tornadol. She continued to say that the basements had always been dry because Lynde Drive was high and on solid ground. Planning Commission Meeting — May 4, 1977 Page 16 2 Chairperson Harris wanted to know if it was Mr. Iwen's intent to make the pond into a drainage retention pond. Mr. Iwen said that it was his intent to make it into a drainage retention pond. Chairperson Harris asked what he planned to do with the pond. He wanted to know if Mr. Iwen planned to dig it or dredge it or put in control structures, or basically what did he plan to do, Mr. Iwen indicated he wanted to leave the pond as it presently was. Mr. Boardman indicated that the Engineering Department recommended si>< stipulations be placed on the Plat. Mrs . McKinley wanted to know what the zoning was on the six lots. Mr. Boardman indicated that the lots were zoned R-1. Mr. Boardman wanted the following six stipulations read into the record. 1. Comments and any pertinent requirements if any, must be obtained from the Department of Natural Resources regarding allowable alterations to the existing wet land within this plat prior to zpproval . 2. A 75 foot drainage and utility easement along the east lot line of lots 4 , 5 and 6 and along the west lot line of lots 1, 2 and 3. 3. A 24 foot drainage and utility easement centered over the common lot line of lots 4 and 5. 4 . A 5 foot drainage and utility easement along all property lines not previously mentioned. 5. Unless expressly prohibited by the Department of Natural Resources, the owner should relocate the existing drainage ditch presently centered on lot 4 to the common property line of lots 4 and 5, and an appropriate inlet structure to be constructed as a connection to the existing storm sewer line on Polk Street. A timetable of one year would be appropriate with an acceptable performance bond of $2,000. 00. An alternative would be the acceptance of an agreement together with an escrow of $2,000. 00 for such construction in the future. 2 I� Plannina Commission Meeting — May 4, 1977 Page 17 6. A triangular street and utility easement over the southwest corner of lot 4 , for future street and utility purposes, the dimensions of which to be determined by the Enginc2ring Division and property owners prior to submission of final plat. As Mr. Boardman read each of the stipulations , he clarified sore of the statements to be sure that everyone clearly understood each point. Mr. Bergman wanted to know if the Engineering Department' s recommendations for drainage easements and systems would be an irnprovcment from the present flooding situations . Mr, Boerdr,an said that it was his understanding from Engineering that whit- they were basically doing was taking whit was already existing, obtaining easements , and get'L";ing a utility and drainaq_c,. easement. centered over the common line betwern lots 4 and 5, to allow Lot 4 to be built and also to get drainage out to the Polk Street storm sewer system. Mr. Boardman didn' t know if the Engineering Department fel` that this system jld be better. 1-.1]. (ir•. Boardman kne;j that they plc•nned to maint:1_:l the cxist.ing s`, stim until. thcr'e Wvs further dE'v2I z)Pwent in the area. He continued to saV that if there was to be an ad,14tional re-pljt of the prop2rLy, then somethi !ig would have to be done t-.ith the storm sewer s� _.t2—r in the c.rea to her-ndle the additional drainage. He said that there was presently a ponding area on the property because of the incomplete development. Mr . Berg!nan indicated that the reason he asked the question wa_: that it was his 4mpression that it was not sF,ecificall.y part of the requestor' s intent to ii-iiprove on the flooding problem , Mr. Iwen wasn' t aware that there was a flooding problem, Mr. Bergman indicated that he felt that it was the time to address that problem Mrs. McKinley wanted to know what flooding problem Mr. Bergman was talking about. Mr. Bergman said that she had commented about having water in her basement. Mrs. McKinley said that there had been no problem in the last few years because the pond had been low. Mr. Peterson wanted to know if Mrs. McKinley had water in her basement in 1975. 2I Planning Commission Meeting —_May 4, 1977 Page 18 Mrs. McKinley explained that two things had happened the year of the -big- tornado. The first thing was that the tornado took the roof off the apartment building and then bounced down to the swamp and she indicated that her house "sang". She said that every wire and pipe in the house vibrated and made a very eerie sound. She continued to say that that was the same year that a construction company tried to drain the swamp. Mrs. McKinley said that the first few years they lived in the house they never had any water problems. The first time they experienced any problems was the year mentioned above and she couldn ' t say which of the items, the tornado or the draining of the swamp, caused the water problem. Mr. Peterson again asked if Mrs . McKinley had water in her basement two years ago when the water was so high. Mrs. McKinley indicated that she did. Mr• Iwen indicated that there was presently a drainage system out of the pond. He said that possibly the system was too high. He continued to explain that there was a culvert and that when the water got just so high in the pond, it drained into the storm sewer on Polk and then into Moore La!<e. He said that no matter how much rain we got, the pond shouldn' t raise any higher than a certain level . Chairperson Harris wanted to know how large the outfall structure was . Mr. Iwen said that the structure was a makeshift, temporary thing with no piping. He said that it was just a culvert in a storm sewer and when the water got to a certain point in the swamp, it would just drain off. Mr. Iwen indicated that he believed that it would take about two years to get the legal items worked out regarding the corner• Mrs. McKinley wanted to know when the work would be started if the lot did get re-platted Mr. Iwen guessed that it would be Fall before any work got started. Chairperson Harris asked Mr. Iwen if he had had a chance to read through the six stipulations. Mr. Iwen indicated that he had read them through and the only item he questioned was Item 6 ^A triangular street and utility easement over the southwest corner of Lot 4 , for future street and utility purposes, the dimensions of which to be determined by the Engineering Division and property owners prior to submission of final plat". P] a^nin4 Commission Mccting — My 4 , 1977 Page 19 2 J Mr. Iwen wanted to know if this stipulation would leave a buildable lot. Mr. Boardm -,n s��id that there would be no problems and Mr. Gearman would have a build►able lot . Mr. Iwen indicated that everything on the list was agreeable to him Mr. Robert Prois of 10LO Lynde Drive N. E,, indicated th,,t his family enjoyed the pond and the natural setting and he wanted to recon-merd that the City buy this parcel of land and leave it ; .�n its ratcral state Pers . McKinley indicated that she felt the whole block enjoveci tl-,c, lard in its natural state and felt that a park wc,uld be id `! , !{owdvcr, she said if that couldn ' t be done: tnFlr R-1 kjc ulc be bziLiltcr than c lot of things that cculd happen to th`Se lots Zthe did indicate that she would like to sec the pond left natural- She said that most. of t!,_ ne-T nh1J-:-s enjoyed the b.irdc that carne to the pond. She also said that if Pc,Cynic kE', dr,-:�irtr;i ar,4 m0`./1,j9 the natur al Wet . ,-.;'iU t1iu chilircn tl::o or three gencrctlUns from now wouldn ' t E-\/E='n krino what a water bird hooks like. Lhc4i.rp2rson HarraS if this pondii-,q cr"-, enccr.ip 6aL,"; crntirF-ly on tn2 area it, question - Mr . Boardman indicated that the ponding area also went back into Lots L, 7 & o . Firs. McKinley wanted to know what was going to happen to the natur_,i drainoff from the service road. No. Boardman indicated it would go into thz: road. Pir,. Iwen indicated that he wanted the pond. He said that they could have gone into the area and filled the pond and made 20 to 30 lots to build on. He pointed out that he was only planning to have six lots and he planned to keep the pond. One of the: reasons he gave was that it would have been too expensive to go into the area and build a development with 20 to 30 houses. He said he would have had to put sewer and water, streets , curbs , and gutters. He said that by doing it the way he proposed, he already had sewer and water on both Polk and Fillmore Streets and he could leave the pond ir, itS present state. Planning Commission Meeting — May 41 1977 Page 20 2 K Chairperson Harris wanted to know what Mr. Iwen planned to do with the lots. Mr. Iwen indicated that the lots would be sold for individual homes. Mrs. McKinley wanted to know if Mr. Iwen planned to build the homes himself. Mr. Iwen didn't want to say whether he would build the homes or not. Mrs. McKinley wanted to know if there would be any restrictions on the homes . Mr. Iwen said that he didn' t believe there would be any other than the same restrictions placed on any home in the area. Mrs. McKinley felt that there would have been a bigger turn out if more people could have figured out what the Public Hearing notice was trying to say. Chairperson Harris indicated that the Planning Commission was required by law -'Co publish the legal description of the property. Mr. R. M . Frank of 5512 Fillmore Street wanted to know if ar individual could buy one of the six planned lots and then break that lot into two lots, thereby creating a possibility of 12 lots instead of the original plan of six lots . Chairperson Harris indicated that a person would be able to make a request to split the lot; however, whether the City would alloy:, it would be arother matter. Mr. Frank wanted to know if there was enough square footage to make these lots into two lots. Chairperson Harris said that he assumed there was enough square footage on the lots to enable a possible lot split. Mr. Frank wanted to know if Lot 4 would be a buildable lot. Mr• Iwen said that he was told it would be a buildable lot. Mr• Frank wanted to know if the replat was being requested to make Lot 4 buildable. 2L Planning Commission Meetinq — May 4, 1977 Page 21; Mr• Iwen indicated that the purpose of the replat was to make all six lots buildable. Mr• Frank wanted to know when the new street would be put in. Mr• Iwen indicated that he didn' t plan to put a street in. Mr. Boardman pointed out on a drawing to Mr. Frank the area he was referring to and indicated that the street would come at the time when whoever owned the back land decided whst they wanted to do with the property. Mr. Frank wanted to know if the entire are on the drawing was zoned as R-1. Mr. Boardman again pointed out on the drawing the areas zoned as R-1 and the lots that were zoned R-3. MOTION by Mr, Langenfeld, seconc'ed by Mr . Bergman, to close the Public knaring on the consideration of a preliminary plan, P - S� 07--03, Iwen Terrace, by A. T. Gearman . Upon a voice vote, all voting aye, Chairperson Harris declared the Pubilc Hearing closed at 9: 1P P .M . Mr. Bergman asked Mr• Iwen if he felt any particular burden or had any strong objections to the six conditions and stipulations recommended by the Engineering Division Mr. Iwen only asked that he was left with six builAble lots. MOTION by Mr . Bergman, seconded by Mr. Peterson, that the Planning Commission recommend to City Council approval of the consideration of a preliminary plat, P• S. 177-03, Iwen Terrace, by .A. T. Gearman : Replat of Part of Lots 3, 4 , and 5, Auditor ' s Subdivision No. 25, generally located immediately South of the 1000 Block of Lynde Drive N. E . , East of Polk Street N.E . and West of Fillmore Street N. E . subject to the six stipulations recommended by City Engineering• Mr. Langenfeld wanted it to go on record that the comments and opinions of the Rice Creek Water Shed District should be considered. Chairperson Harris indicated that these would be considered. Mrs. McKinley wanted to know why the Rice Creek Water Shed District had to be consulted. 2M Planning Commission fleeting — May 4 , 1977 Paoe 22 Mr. Langenfeld said that Mrs. McKinley had showed great concern of the pond and it was Mr. Langenfeld' s opinion that the Rice Creek: Water Shed Dictrict was very concerned about the deletion of wetlandF , ponding areas, etc• because of the effect it has on the surrounding areas in regards to eliminating the natural water resources. Chairperson Harris also indicated that the pond dumps into Moore Lake which in turns dumps into Rice Creek He said that that was another reason to consult the Rice Creek Water Sled District. UPON A VOICE VOTE , all voting aye, the motion carried unanimously. Chairperson Harris indicated that the Planning Commission w^uld be recommending to City Council approval of the consideratic.•n ' of a preliminary plat, P. S. 177-03, Iwen Terrace, by A , T. Gearman subject to the six stipulations recommended by City Engineering. Chairpersc;n Harris said the item would go to the City Council crn May 1L•. 1977, and they wcu1J set a date for oualic 11e.i ':1t1g- PUBLIC HEARINC : CONJSInERA.TIONI OF A PRELIHI,','ArY PLAT, �.S• 77-�y � N0i,T0N' AVEN'11v HO;'-iESITLS, DY t;!1'i'iAt! Si1-Tf' : Re &� of Lot 13, Auditor s Subdivision Nc. 89, exc_:_p: the Eh .-rl y 2DO feet thereof, generally located on the South si of Norton Avenue where it intersects with Central Aven N. E . (LOTION by Mr . Langenfel seconded by Mrs. Shed, to open tl-e Public Hearing on the cons • 'eration of a preliminary plat , P . S. T77-0'. , Norton Avenue Hosites, by Wyman Smith. Upon a voice vote, all voting aye, C -i ' rperson Harris declared the Public Herring open at 9: 15 P .N . Mr. Wyman Smith of 1250 Builders Exchan Bldg, was present . MOTION by Mrs . Shea, seconded by Mrs. Schna 1, that the Planning Commission receives the letter from Jerry 06 Sympson. Upon a voice vote, all voting aye,., he motion carried unanimously. Chairperson Harris indicated that the letter was re \' ' ved and that it would go with the file to the City Counci 6B Stipulations discussed at the Public Hearing Meeting of June 13, 1977: 1. Comments and any pertinent requirements if any, must be obtained from the Department of Natural Resources regarding allowable al- terations to the existing wet land within this plat prior to approval. 2. A 75 foot drainage and utility easement along the east lot line of lots 4, 5 and 6 and along the west lot line of lots 1, 2 and 3. 3. A 24 foot drainage and utility easement centered over the common lot line of lots 4 and S. 4. A 5 foot drainage and utility easement along all property lines not previously mentioned. 5. Unless expressly prohibited by the Department of Natural Resources, the owner should relocate the existing drainage ditch presently centered on lot 4 to the common property line of lots 4 and 5, and an appropriate inlet structure to be constructed as a connection to the existing storm sewer line on Polk Street. A timetable of one year would be appropriate with an acceptable performance bond of $2,000.00. An alternative would be the acceptance of an agree- ment together with an escrow of $2,000.00 for such construction in the future. 6. A triangular street and utility easement over the southwest corner of lot 4, for future street and utility purposes, the dimensions of which to be determined by the Engineering Division and property owners prior to submission of final plat. 7. Maintain basement floor elevations for all structures in the plat a minimum of four feet above the normal level of the pond. S. The developer will continue to accept in the future, the drainage from the existing drainage district and pay the cost of the existing assessment for the plats share of storm sewer construction in the drainage district, together with a payment of $2,475. 17 for the out- fall construction in Polk Street. 9. The developer shall maintain the same surface area of the pond as presently exists to ensure that eltimate storage capacity is un- changed. 10. A covenant shall be filed as part of the plat indicating that the pond is part of the development and part of the City's storm sewer system, and shall be maintained by the property owners on whose property the pond exists. 11. The developer shall pay $300 per lot park fee. JJ REGULAR MEETING OF JUNE 20, 1977 Page 4 MOTION by Councilwoman Kukowski to circulate the proposed f chedule change to the license holders. Seconded by Councilman Schneider. a voice vote, all voting aye, Mayor Nee declared the motion carried una;<mV1SI,0,N, mousl CONSIDER.",TION OF APPROVAL OF FINAL PL F.S. -177-04 NORTON AVENUE HOMESITES BY WYNAH SMITH BEING A REPLAT OF . T OF LOT 13, AUDITOR'S SUBDIVISION =89, GENE�:ALLY LOCATED ON THE SOJTH SIDL uRTON AVENUE WHERE IT INTERSECTS WITH CENTRAL AVENUE: MOTION by Counci Schneider to concur with the recommendation of the Planning Commission approve the final plat, Subdivision P.S. *77-04. Seconded by Council- woman wski. Upon a voice vote, all voting aye, Mayor Nee declared the motion ,,5j ed unanimously. CONSIDERATION OF APPROVAL OF FIPIAL PLAT Sl1BDIVISIOS P. �IWENRACE , REPLAT OF PARTS OF LOTS 3. 4 A;:D 5 AUDITOR'S SUEDIVISIO; 25, p_F THE 1 ,000 BLOCK OF LYNDE G IVE, Er:ST OF POLK STREET Ai;D WEST OF FILL ;O a LE;;BY A. T. GEARNAN: Mr. Sobiech, Public Works Director, explained the location of this plat and stated the Planning Commission recomr.ended approval with certain stipulations which were noted at the public hearing. Mr. Sobiech stated the petitioner, at the public hearing, concurred with the stipulations made by the Planning Commission and the ones discussed at the public hearing meeting before the Council. Mr. Sobiech indicated one stipulation, noted as item 8, involved the intention of the petitioner to ensure that future drainage is received in the ponding area together with payurent for the outfall piping installed in Polk Street. The cost of the outfall being $2,475.17. Mr. Sobiech stated the Planning Commission recommended approval with the six stipulations outlined at the public hearing and the staff has added stipulations numbers 7 through 11. MOTION by Councilman Schneider to concur with the recommendation of the Planning Commission and approve the final plat, Subdivision P.S. F77-04, with the 1.1 stipulations noted on Page GB of the Council 's agenda material. Seconded by Councilwoman Kukowski. Mr. Qureshi , City Manager, asked if the City has a temporary casement for a cul-de-sac in order to maintain the road. Mr. Sobiech, Public Works Director, stated it is presently barricaded and conies to a dead-end and the City utilizes the driveway openings on Polk Street for maneuvering their equipment. Mr. Qureshi felt possibly temporary easements should be obtained and the petitioner was asked if this was satisfactory. Mr. Bill Iwen, representing the petitioner, stated they could not take property off the west side for this purpose se it would have to come from the cast side. He noted, if 40 feet is taken off the front, it comes to the point where the lot will be unbuildable. He indicated they would go along with everything, as lone; as they had a buildable lot. Mr. Qureshi indicated an easement for the purposes of being able to turn the City's equipment would be satisfactory. Mr. Sobiech felt perhaps the outlot area could be utilized for this purpose. MOTION by Councilman Schneider to amend the above motion by adding the additional stipulation that a temporary easement be worked out at the end of the roadway for equipment access. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting ale, Mayor Nee declared the motion carried unanimously. UPON A VOICE VOTE TAKEN ON THE ORIGINAL MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. Y RECEIVING THE MINJTES OF THE PLANNING COMMISSION MEETING OF JUNE 8, 1977• MOTION by Councilman Schneider to receive the minu econded by Councilwoman K.ukowski. Upon a voice vote, all voting aye, Mayor c ared the motion carried unanimously. CITY OF FRIDLEY PLANNING COMMISSION MEETING, -AUGUST 21, 1985 CALL TO ORDE Chairwoman Schn bel called the August 21. 1985, Planning Commission meeting to order at 7 :30 . m. ROLL CALL: Members Present: �Ls . chnabel, Mr. Oquist, Mr. Wellan, Mr. Sielaff, Ms. bel, Mr. Minton Members Absent : Ms. Sch iner Others Present: Jim Robins n, Planning Coordinator Gerald Iwen 5605 Humboldt Avenue Kent Roessle 10666 University Avenue Richard Heaqi 12323 Gladiola North APPROVAL OF AUGUST 7 1985 PLANNI G CO*tNUSSION MINUTES: Ms . Schnabel requested the followin\MIN-TO - s be made: Page 3, paragraph 2, change thally" to "formerly" Page 6, paragraph 3, change thve" to "live" MOTION BY rF. WELIAN, SECONDED BY MO APPROVE THE AUGUST 7 , 1985 PLANNING COrXISSION MINUTES WITH THECTIONS. UPON A VOICE VOTE, ALL VOTING AYE, NABEL DECiARED THE MOTION CARRIED UNANIMOUSLY. 1 . PUBLIC_ HEARING: CONSIDERATION OF A REZONING REQUEST, ZOA #85-02, BY }SENT ROESSLER: Rezone from R-1 (one family dwelling) to R-2 (two family dwelling) tc allow the construction of a duplex located on Lots IA, 1B, 2 and 3, Block 1, Iwen Terrace, the same being 5586, 5570, 5560 Fillmore Street N. E. , all located in the South half of Section 24, T-30, R-24, City of Fridley, County of Anoka, Minnesota. MOTION BY MR. OQUIST, SECONDED BY ISS. GABEL, TO OPEN THE PUBLIC HEARING ON ZOA #85-02 BY KENT ROESSLER. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE PUBLIC HEARING OPEN AT 7:33 P. M. Mr. Robinson stated this property to be rezoned is located west of Fillmore Street and south of Lynde Drive and includes three large lots. He stated adjacent land is primarily zoned R-1, but there is a mixed band of R-3 and commercial uses along the highway frontage road. It I R PLANNING COMMISSION MEETING, AUGUST 21, 1985 PAGE 2 Mr. Robinson stated the rezoning is proposed in order to construct three double bungalows with zero lot lines. He stated all lots are over 26,000 square feet and the code requires only 10,000 square feet for R-2 lots. Mr . Robinson presented drawings of the proposed structures to be con- structed on these lots. He stated the estimated market value of each individual unit is $75,000 to $80,000. Mr. Robinson stated there is a large easement on the back portion of these lots and easements along the north and south of each of the property lines so there are sufficient drainage and utility easements , as well as a ponding area. He stated the west side of the plat is owned by the City. Mr . Robinson stated there is a covenant on the pronerty and one of the key points was that this property should remain R-1 detached single family dwellings. He stated this covenant can be changed by the petitioner and the City and would have to be recorded at the County. Mr. Robinson stated , if the rezoning request is approved, the covenant should be amended regarding the building restrictions for single family detached dwellings . He further stated the structures should be built as indicated in the site plan and elevations submitted with the rezoning anplication and to be constructed with brick and wood siding. Ms . Schnabel asked if the City had received any response from suTround- ing residents regarding this proposed rezoning. Mr . Robinson stated the City ha; not received any comments. Mr. Iwen, owner of one of the lots, stated he contacted residents on the south side of Lynde Drive and received positive response from seven persons. He stated one resident was not at home and another was undecided. Ms. Schnabel asked Mr. Roessler if he was in agreement with the stipu- lations, and if the exteriors of brick with wood siding was acceptable. Mr . Roessler stated he would face the buildings with material accept- able to the City, but this may vary slightly from what is shown on the plans. He stated because they are a custom home builder, it sometimes depends on what the customer wants as these units will be individually owned as a single family dwelling. Mr. Robinson stated the City's goal is to have the structures somewhat uniform to tie them together so you don' t have three radically different styles of homes and also have them be as low maintenance as possible. Ms . Schnabel asked if they presently have buyers for these units. Mr. Roessler stated, basically, they are just beginning, but didn' t feel they would have a problem finding buyers. 1C PLANNING MfMISSION FETING, AUGUST 21, 1985 PAGE 3 Ms . Schnabel asked if they would start construction prior to sales. Mr . Roessler stated they may begin construction on one of the units. Ms . Schnabel questioned the value of the units. Mr. Roessler stated the cost would be from $65,000 to $85,000 per unit depending on the amount of features the buyer would like in the unit . Ms . Schnabel asked if a covenant would be included with the purchase agreement which would indicate the responsibilities of the owners in terms of maintenance of the structures, as well as the yard and land- scaping. W . Roessler stated there would be a rider attached to the purchase agreement stating the uniformity of the structure itself and if there was to be any drastic color change, it has to be signed by both owners of the property. Ms. Schnabel asked if `he units would have a common driveway. Mr. Roessler sated they would probably be separated by crushed rock or shrubbery. W. Robinson stated there should be a protective covenant on the exteriors of the structures and the City's main goal is low mainten- ance with possibly aluminum or cedar siding so it doesn't have to be painted. Mr . Roessler stated aluminum or cedar siding gets extremely expensive so it prices them out of the market. He stated he didn' t have a prob- lem with the brick, but did with the aluminum. Mr. Minton asked how the restrictive covenant on the property could be changed. Mr. Robinson stated the petitioner would draft an amendment to be approved by the City and then recorded at the County. He stated there is a provision in the covenant itself for changes and, in this case, involves only the owner and the City. Mr. Wellan asked about drain tiles for these structures . *Ir. Roessler stated these would be installed as they are a standard feature. Ms. Schnabel asked if Mr. Gearman was involved with this development since he has signed the rezoning request. Mr. Iwen stated Mr. Gearman owns two lots and he owns one. Mr. Roessler is purchasing these lots from them and has signed a purchase agreement. Ms. Schnabel questioned Mr. Gearman's role in terms of changing the covenant. Mr. Iwen stated he works with Mr. Gearman and there is no problem with it. Ms. Schnabel stated the Commission tends to feel a little uncomfortable when someone other than the owner makes these requests. She stated, in terms of changing the covenant, she wanted to be sure they would be protected legally. LID PLANNING COMMISSION MEETING, AUGUST 21, 1985 PAGE 4 .. Mr. Iwen stated the City owns three lots and he owns one of the lots so over 50% of the property owners are present this evening. He stated when they platted the land, the covenant was put in at that time just to protect themselves. Mr. Wellan questioned the elevations if they were to have full basements and if it would be necessary to fill the lots. Mr. Roessler stated the basements will be down only 36 inches. No other persons spoke regarding this proposed rezoning request. MOTION BY MR. OQUIST, SECONDED BY MR. MINTON, TO CLOSE THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE PUBLIC HEARING CLOSED AT 8:02 P. M. MOTION BY MR. OQUIST, SECONDED BY MR. SIELAFF, TO RECOMMEND TO CITY COUNCIL APPROVAL OF REZONING REQUEST, ZOA #85-02, BY KENT ROESSLER, TO REZONE FROM R-1 (ONE FAMILY DWELLING) TO R-2 (TWO FAMILY DWELLING) TO ALLOW THE CONSTRUCTION OF A DUPLEX LOCATED ON LOTS 1A, 1B, 2 AND 3, BLOCK 1, IWEN TERRACE, THE SAME BEING 5586, 5570, 5,560 FILLMORE STREET, N. E. , ALL LOCATED IN THE SOUTH HALF OF SECTION 24, T-30, R-24, CITY OF FRIDLEY, COUNTY OF ANOKA, MINNESOTA, WITH THE FOLLOWING STIPULATIONS: (1) AMEND- MENT OF COVENANT OF BUILDING RESTRICTIONS TO BE DRAFTED BY PETITIONER, APPROVED BY THE CITY AND RECORDED AT ANOKA COUNTY PRIOR TO ANY BUILDING PERMIT: (2) ALL COVENANT RESTRICTIONS, EXCEPT SINGLE FAMILY DETACHED w CLAUSE, TO BE ADHERED TO; AND (3) STRUCTURES TO BE BUILT AS INDICATED IN SITE PLAN AND ELEVATIONS SUBMITTED WITH THIS APPLICATION, TO INCLUDE BRICK WITH WOOD/MASONITE SIDING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Schnabel stated this item would go to the City Council on October 7 , 1985. 2. QNSIDERATION OF A LOT SPLIT REQUEST, L S. X685-07 BY KENT ROESSLER: Com ' Lots 1A and 1B, Block 1, Iwen Terrace and split in half to allow a duplex be sold individually, and also Lot 2 to be split in half and Lot 3 to be s 't in half to allow duplexes to be sold individually, the same being 5586, 5560 Fillmore Street N. E. Ms. Schnabel stated this req t for a lot split does not need a formal hearing, but there will be an in al discussion. Mr. Robinson stated this request for a lot it is in conjunction with the rezoning request which the Commission has Ju recommended be annroved. He stated the purpose of the split is to create six with zero lot lines for the construction of double bungalows. Mr. Robinson stated there presently are three buildable lots and, wi the lot split, it would create six buildable lots so three park fees would have to be paid. THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF SEPTEMBER 23, 1985 The Regular meeting of the Fridley City Council was called to o r at 7: 34 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of, Allegiance to the Flag. ROLL CALL: 9 MEMBERS PRESENT: Mayor Nee, Councilman G peed, Councilman Fitzpatrick, Councilman neider and Councilman Barnette ME Mn ERS AB SENT: None APPROVAL OF MINUTES: COUNCIL MEETING SEPTEMBER 9 198 Councilman Schneider requested the ollaaing paragraph be inserted of ter the first paragraph of Item 12, Pa e 8: "Councilman Schneider stated the sealcoating at 14olly Shopping ter was already done and questioned why this was brought to the Counci after the work was oompleted." Councilman Goodspeed reque ed the time limit for the variance at 7879 Beech Street on Page 7 be corre ed frau 26 to 36 months. MOTION by Councilman chneider to approve the minutes with the above addition and correcti n. Seconded by Councilman Barnette. Upon a voice vote, all voting ay , Mayor Nee declared the motion carried unanimously. ADOPTION OF AGE Councilman Sch ider requested the following item be added: "Consideration of an Additi al Street Light on Hillcrest Drive." MOTION by Councilman Fitzpatrick to adopt the agenda with the above addition Seconded by Councilman Barnette. Upon a voice vote, all voting aye, or Nee declared the motion carried unanimously. OPEN RUM VISITORS: ere was no response frau the audience under this item of business. PUBLIC HEARINGS: 1. PUBLIC HEARIW-, ON REZONING REQUEST' ZQA #85- TO REZONE FROM R-1 TO R- 2 , 5586 , 5570, 5560 FILLMORE STREET N.E.,--9Y KENT ROESSLER: MOTION by Councilman Schneider to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried -1- COUNCIL MEETING OF SEPTEMBER 23. 1985 unanimously and the public hearing opened at 7:40 p.m. Mr. Flora, Public Works Director, stated this request covers the rezoning of three lots west of Fillmore Street and south of Lynde Drive. He stated the adjacent land is primarily zoned R-1, but there is a mixed band of R-3 and commercial uses along the frontage road. Mr. Flora stated the developer is proposing to rezone these parcels from R-1 to R-2 to construct a total of three zero lot line duplexes. He stated the City awns the parcel of property to the west and a portion of the detention pond extends into the three lots. Mr. Flora stated all the lots would be over 26,000 square feet and the code requires only 10,000 square feet in an R-2 zone. He stated the owner established a covenant for the property to remain R-1, however , this could be changed by the petitioner and the City and then recorded at the County. Mr. Flora stated, if the rezoning is approved, he would recommend the covenant be ganged to allow R-2 development. Mr. Flora stated no one spoke against the rezoning at the Planning Commission meeting and the Commission has recommended approval of this rezoning request to allow construction of duplexes with three stipulations. He stated the stipulations were as follows: (1) amendment of covenant of building restrictions to be drafted by petitioner, approved by the City and recorded at Anoka County prior to any building permit: (2) all covenant restrictions, except single family detached clause, to be adhered to: and (3) structures to be built as indicated in site plan and elevations submitted with this application, to include brick with wood/masonite siding. Mr. Flora stated it was brought up that the developer pay a total park fee of $2,250 and asked that this be included in the stipulations. Councilman Schneider asked if there was any other access to the rear of the lots. Mr. Flora stated there is no other access and the detention pond is located in back of these lots. Councilman Barnette asked if the City would provide any protection from the Fond for children moving into these duplexes, and questioned the City' s liability. Mr. Flora stated the City hasn't fenced any type of detention structures. Mr. Herrick, City Attorney, stated there is always a possibility of some liability, if a child were to drown in the pond. He stated the City is insured against such a liability, but this is only a partial answer. Oouncilman Barnette asked if the City's liability would be less if a fence was installed. Mr. Herrick stated it probably would not, as a child still may get over a fence, depending on their age. He stated he didn't feel the liability would be great, but wasn't personally familiar with the pond. Mr. Flora stated the pond at its deepest would probably be about three feet. -2- COUNCIL MEETING OF SEPIU4BER 23, 1985 Councilman Schneider asked about the site plan. Mr. Flora stated the developer is a custcm builder and each side would be sold separately and protective ccvenants recorded on the units. Mayor Nee asked haw the City became a party to a covenant. Mr. Flora stated when the City purchased the lots to the west for the pond, they became a party to the covenant. Councilman Schneider asked if notice went out to the neighborhood regarding this rezoning request. Mr. Flora stated notices were sent, but there really hasn't been any discussion either pro or con. Councilman Barnette stated he felt residents were expecting a large complex and were probably satisfied with this development. Councilman Schneider asked if the units would be owner-occupied. The petitioner stated it was not their intention for these to be rental units, but owner-occupied. Councilman Barnette asked the price range for these units and if they would be two or three bedroans. the petitioner stated prices would range from $65,000 to $85 ,000 and could be either two or three bedrocros, depending upon what the buyer desired. No persons in the audience spoke regarding this proposed rezoning. MDTION by Councilman Schneider to close the public hearing on this rezoning request ZOA #85-02. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the public hearing closed at 7:50 p.m. 2. OLD BUSINESS: ORDINANCE NO. 842 RECODIFYING THE FRIDLEY CITY CODE BY AMENDING CHAFrER 205 , ENTITLED "ZONING" SECTIONS 205.04 205.05 205.07 205.08 205.09205 .13 205.14, 205.15, 205 .16 205.17, 205.18 AND 205 .20 AND APPROVINT EXHIBIT I, OFFICIAL TITLE AND SUMMARY: MDTION by Councilman Schneider to waive the second reading of Ordinance No. 842 and adopt it on the second reading and o der publication of the ordinance summary. Seconded by Councilman Fi patrick. Upon a voice vote, all voting aye, Mayor Nee declared the mot' carried unanimously. 3. CONSIDERATION OF FIRST READING OF --ORDINANCE RECODIFYING THE FRIDLEY CITY CODE BY AMENDING CHAPTER 6 ENTITLED "COMMISSION' S SECTION 6 .07 TABLED 85 : Mr. Flora, Public Work irector, stated during the review of the Zoning Code, it was found at the paragraph dealing with the variance procedure was inoonsisten with the paragraph within Chapter 6 under the Appeals Commission, the Zoning Code uses the term "commence" an the Appeals Commissi de uses the word "completed". He stated it was a determination of the peals Commission the proper word should be "commmenced" as many - 3 - h .. COUNCIL MEETING OF SEPTEMBER 23. 1985 projects could not be completed within a one year time frame and they felt, as long as the work was started, the variance would be in effect. Mr. Flora stated this ordinance would change the code so they would both be in compliance using the term "commence". MOTION by Councilman Fitzpatrick to waive the reading and approve the ordinance upon first reading. Seconded by Councilman Goodspeed. Councilman Schneider questioned if there was a time limit establ'shed for oompletion of a project. Mr. Flora stated he has discussed this with the City Attorney, Mr. Herrick, and if the Council has a concern, a time period for when the work should be completed can be established. Mr.., Flora stated he would suggest a completion time within two years. Councilman Schneider stated he would be in favor of adding this language to establish a time limit for completion of the work covered by a variance. Mr. Herrick felt this language could be added at the time cf second reading of the ordinance. He stated staff has to make sure all the ordinance provisions relating to this subject are consistent.; It was felt this change would be insignificant and another public hearing/caould not be required. i Mr. Qureshi, City Manager, stated he would pr r the Council to table this item and bring these changes to Chapter 6 Chapter 205.05.5G back to the Council at the same time. j MDTION by Councilman Schneider to table is item. Seconded by Councilman Barnette. Upon a voice vote, all voti aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS: 4. CONSIDERATION OF FIRST READING 0 AN ORDINANCE ADOPTING THE BUDGET FOR THE FISCAL YEAR /VayNee Councilman er ques oned if it was necessary to have the first reading at te. Mr. reshi, City Manager, stated the first reading should be corder f r the mill rate to be established in October. MOTION by Con B nette to waive the reading and approve the ordinance upon first roonded by Councilman Fitzpatrick. Upon a voice vote, all voting aNee declared the motion carried unanimously. Mayor Nee stis item will be subject to discussion at the Conference Meeting for ial amendment. 5. CONSIDERATIPPROVAL OF FINAL PLAT P.S. #85-03 GREAT NORTHERN INDUSTRIAL &UER EAST BY ALFRED NELSON: AND CONSID ION OF SPECIAL USE PERMIT SP #85-08 BURLINGTON NORTHERN BY JON MONSON• Mr. F ora, Public Works Director, stated this plat involves approximately 12. acres located south of 694 and west of the Burlington Northern railroad s r, and zoned M-2 (heavy industrial) . He stated access to the plat would through 53rd Way onto Industrial Boulevard which would be extended in a -4- t COUNCIL MEETING OF OCIVBER 7, 1985 F NOTION by Councilman �Barne�ttet�oauthori yor to sign this plat. Seconded by Councilman a voice vote, all voting aye, Mayor Nee declared the imously. NEW BUSINESS: 4. CDNSTD RATION OF FIRST READING OF AN ORDINANCE ON REZONING REQUEST GA"�) 5-02 TO REZONE FROM R-1 to R-2 5586 5570, 5560 FILLNfORESTREET N.E. , BY ESSLER: Mr. Flora, Public Works Director, stated this rezoning request covers three lots to be rezoned from R-1 to R-2 in order to allow the construction of duplexes with zero lot lines. He stated a public hearing on this rezoning was held before the Council on September 23 and the Planning Commission's recommendation was for approval of this rezoning request. Councilman Schneider stated there seems to be support in the neighborhood for this rezoning. NOTION by Councilman Schneider to concur with the recommendation of the Planning Commission and waive the reading and approve the ordinance upon first reading. Seconded ty Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 5. CONSIDERATION OF LOT SPLIT REQUEST. L.S. #85-07, W COMBINE SEVERAL LOTS_ RE-SPLIT TO ALLOW DUPLEXES TO BE SOLD INDIVIDUALLY, 5586 ,;?the �0 FILLMORE STREET N E , BY KENT' ROESSLER: Mr. Flora, Public Works Director, stated this item relatesrevious rezoning item and the Planning Commission, at their gust 21 meeting, recommended approval of the rezoning and this lot request. Mr. Flora stated the request is to combine L s lA and 1B, Block 1, Iwen Terrace and split in half to allow a dupl o be sold individually and also to split Lots 2 and 3 in half to allay plexes to be sold individually at 5586, 5570, and 5560 Fillmore Stree Mr. Flora stated the Planni Commission recommended four stipulations relating to payment of th park fees; the protective covenant agreement between subsequent cw s being approved and recorded; recording of the subdivision prior any buiding permit; and the lot split is contingent upon approval of e rezoning. Mr. Flora stated the protective covenant on theproperty d have to be changed pertaining only to the restriction of single f y hones, if the lot split is approved. MDT by Councilman Schneider to concur with the unanimous recommendation o e Planning Commission and approve lot split, L.S. #85-07 with the ollcwing stipulations: (1) three park fees be paid with the first three building permits; (2) the protective covenant agreement between subsequent -4- 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/1986:.N ment. MDTION by Councilman Schneider to close the publicnded by Councilman Barnette. Upon a voice vote, all voting eclared the motion carried unanimously and the public hearinp.m. OLD BUSINESS: 3. ORDINANCE NO. 843 ADOPTING THE BUDGET FOR THE FI Mr. Qureshi, City Manager, stated, since the first reading of this ordinance. Zhere has been a slight adjustment i the Legislative portion of the budget, as well as adding an agency fund fo the Six Cities Watershed. He stated the budget is still within the limi proposed. MJTION by Councilman Schneider to waive the second reading of Ordinance No. 843 and adopt it on the second reading an order publication. Seconded by Councilman Goodspeed. Upon a voice vote all voting aye, Mayor Nee declared the motion carried unanimously. 3.1 RECONSIDERATION OF APPROVAL OF FI L PLAT P.S. #85-03 GREAT NORTHERN INDUSTRIAL CENTER EAST: Mr. Flora, Public Works Directo , stated at the last Council meeting on September 23, the Council appr ed this final plat with two stipulations: (1) payment of the park fe before the plat is recorded; and (2) the existing billboard sign be wed. He stated the park fee has been paid, however, Burlington North n has a five year lease for the billboard and stated they would remove t when the lease expires. Mr. Flora stated the uncil should amend the stipulation for removal of the billboard. MDTION by Counci Fitzpatrick to reconsider approval of final plat, P.S. #85-03, Great ort Industrial Center East. Seconded by Councilman /ed. . n a voice vote, all voting aye, Mayor Nee declared the motion na mously. Councilman Fitzpatrick to reapprove final plat, P.S. #85-03, Great Industrial Center East with the stipulation that the billboard on nent property be removed within five years. Seconded by Councilman d. Upon a voice vote, Councilman Fitzpatrick, Councilman Goodspeed, n Barnette and Councilman Schneider voted in favor of the motion. e abstained fram voting. Mayor Nee declared the motion carried by a with orae abstaination. -3- COUNCIL MEETING OF OCTOBER 21, 1985 notice and open the public hearing. Seconded byGb Gilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee de 1 red the motion carried unanimously and the public hearing closed :49 p.m. Mr. Flora stated this was an accompa ing change to Chapter 6 dealing with the Appeals Commission. It was n identical change as that for Chapter 205 adding the sunset clause. No persons in the oe spoke regarding the recommended change. MDTION by Oo ilman Barnette to close the public hearing. Seconded by Council Goodspeed. Upon a to vote, all voting aye, Mayor Nee declared the on carried unanimously and the public hearing closed at 8:50 p.m. OLD BUSINESS• 5. ORDINANCE NO. 844 , AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF NNESOTA BY MAKING A CHANGE IN ZONING DI CT KENT ROESSLER, ZOA 185-02: Mr. Flora stated this was the second and final reading of the ordinance to identify three parcels which are rezoned to R-2 to allow development of three zero lot line structures in Iwen Terrace. ahere was a covenant on the land that stipulated that only single family homes should be constructed. He stated they have available a change to the covenant that was drafted by the city attorney and signed by the property owner and it would be appropriate for the City Council to authorize execution of the covenant for recording which will then allay the zero lot line strucutres to be built on those three lots. MDTION by Councilman Fitzpatrick to waive the second reading of Ordinance #844 to amend the City (ode of the City of Fridley, Minnesota, by making a change in zoning districts and adopt it on the second reading and order publication. Seconded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Barnette to waive the City's rights to the covenants. Seconded by Councilman Goodspeed. Upor a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS• 6. CONSIDERATION OF FIRST READING OF AN ORDINANCE REGODIFYIJ __ DLEY CITY CODE BY AMENDING CHAPTER 205 ENTITLED "ZONING" SECTION 205.05: Mr. Flora stated this was thefir eading of the ordinance to establish the sunset clause for varianoe in the Zoning Code and establish the two year time frame in—which the variance must be completed as identified previously in agenda. -8- COUNCIL MEETING OF OCTOBER 21, 1985 landscape plan. 3. Petitioners agree to work with staff to accomplish ian acre able facade plan. 4. A park fee for an amount equal to .023 X total squatage of plat to be paid upon approval. 5. Company agrees to not allow any truck traffic, exceto clients, on East River Road. Appropriate exit signs will be installed directing trucks to University Avenue. / 6 . Exterior lighting will not cast a light beyond/the fence perimeter. 7. There will be an approved drainage plan by the City. Mr. Flora stated he would add one more stipulation: The developer provide a 200 foot scale plat drawing with the appropriate supports shown for recording purposes before final approval. No persons in the audience spoke regarding this public hearing. NDTION by Councilman Goodspeed to close the public hearing. Seconded by Councilman Fitzpatrick. Upon a voic vote, all voting aye, Mayor Nee declared the motion carried unanimous and the public hearing closed at 8:46 p.m. 3. PUBLIC HEARING ON PROPOSED CHANGE TO THE FRIDLEY CITY CODE BY AMENDING CHAPTER 205, ZONING: MDTION by Councilman Barnette/to waive the reading of the public hearing notice and open the publich aring. Seconded by Councilman Fitzpatrick. Upon a voice vote, all vot' e aye, Mayor Nee declared the motion carried unanimously and the publi hearing opened at 8:47 p.m. Mr. Flora stated this w s a recommended change to both the Zoning Code and the Appeals Commissi portion of the code that applied to a sunset clause for variances th are granted. It added the following wording (underlined) : "If ork as permitted by a variance is not commenced within one year and comiDeted within two years after granting of a variance then the variance shi 1 became null and void unless a petition for extension of time in which to complete the work has been granted by the Appeals Commission." No persons n the audience spoke regarding the recommended change. NOTION Councilman Barnette to close the public hearing. Seconded by Counci Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the m tion carried unanimously and the public hearing closed at 8:48 p.m. 4. IC HEARING ON PROPOSED CHANGE TO THE FRIDLEY CITY CODE BY AMENDING 6 OONMISSIONS NDTION by Councilman Fitzpatrick to waive the reading of the public hearing -7- KENT ROESSLER ZOA #35-02 STIPULATIONS I. AMENDEMENT TO COVENANT OF BUILDING RESTRICTIONS TO BE DRAFTED BY PETITIONER, APPROVED BY THE CITY AND RECORDED AT ANOKA COUNTY PRIOR TO ANY BUILDING PERMIT . 2 . ALL COVENANT RESTRICTIONS, EXCEPT SINGLE FAMILY DETACHED CLAUSE, TO BE ADHERED TO . 3 . STRUCTURES TO BE BUILT AS INDICATED IN SITE PLAN AND ELEVATIONS SUBMITTED WITH THIS APPLICATION . TO INCLUDE BRICK WITH WOOD SIDING . KENT ROESSLER ZOA #85-02 Rezone from R-1 to R-2, 5586, 5570, 5560 Fillmore St.NE Council Action 9/23/85 Public Hearing Opened & Closed Put on Oct. 7 for 1st Reading of Ordinance -------------------------------------------------------------------- COUNCIL ACTION 10/7/85 First Reading of Ordinance approved on Rezoning Request. Place on Agenda of 10/21 for Second Reading. - Jean - OK COUNCIL ACTION 10/21/85 Ok'd and Publication ordered of ordinance - Mary Lu Gp✓e Yun� MOTION: Council to execute l changes. CoJe�i�Yit ifs p NQ has signature copy. After signed, Clyde will record at County, and take copy of minutes if available. Sties - Ask JR if stips and if satisfied. If not satisfied, letter must be sent by Deb. Kent Roessler ZOA #85-02 Council Action 9/9/85 Set Public Hearing for Sept. 23,1985 FF ORDINANCE NO. - 1985 AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIILEY, MINNESOTA, BY MAKING A CHANGE IN ZONING DISTRICTS The Council of the City of Fridley does ordian as follows: SECTION 1. Appendix D of the City Code of Fridley is amended as hereinafter indicated. SECTION 2. The tract or area within the County of Anoka and the City of Fridley and described as: Lots 1A, 1B, 2 and 3, Block 1, Iwen Terrace, lying in the South half of Section 24, T-30, R-24, City of Fridley, County of Anoka, Minnesota. Is hereby designated to be in the Zoned District known as R-2 (two family dwelling) . SECTION 3. That the Zoning Administrator is directed to change the official zoning map to show said tract or area to be rezoned from Zoned District R-1 (one family dwelling) to R-2 (two family dwelling) . PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDL EY THIS DAY OF 1985. WILLIAM J. NEE - MAYOR ATT'ES'T: SIDNEY C. INMAN - CITY CLERK Public Hearing: September 23, 1985 First Reading: October 7, 1985 Second Reading: October 21, 1985 Publish: KENT ROESSLER, ZOA #85-02 it i