LS79-07 orm #5-68
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CITY OF FRIDLEY 21
FOR C1'j',_ „aR ONLY
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APPLICANT:
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Total Area j p rty /0000 y sq. ft. Present Zoning Classification -
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The undersigned hereby declares that all the facts and
representations stated in this application are true and
correct.
DATE: SIGNATURE
BELOW FOR CITY USE ONLY (See reverse side for additional instructions)
CHECKED BY STAFF DATE
Remarks:
PLANNING COMMISSION: Date of Consideration -
Remarks:
CITY COUNCIL: Date of Consideration -
Remarks:
LOT SPLIT APPLICATION PROCEDURE
1 . Obtain application form at City Hall (6431 University Avenue N.E. , Fridley) .
2. Return completed application form with the required sketch of the property
involved and the lot split fee of $75.00 for each original lot being split.
3. The application will be checked over by Staff and the owner may be required
to submit a Certificate of Survey containing a simple description of a part
of a platted lot or registered lot, along with the new parcels created with
all existing structures tied in.
4. The application will then be submitted to the Planning Commission for their
recommendation. The Planning Commission meets on the Wednesday following
the City Council meeting, which is generally the first and third Wednesdays
of the month.
5. The recommendations of the Planning Commission are submitted to the City
Council for final action. If a Certificate of Survey wasn 't required before,
it will be required for this meeting. The City Council meets on ' the first
and third Mondays of the month.
6. The City Council approval may be subject to certain stipulations which must
be complied with by the applicant.
7. A letter will be sent to the applicant to notify him of the Council action
and to advise him to comply with the conditions imposed by the City. The
letter will also contain any necessary deeds for easements and other pertinent
papers for his signature.
8. When all the conditions of the lot split have been complied with, the applicant
should file the lot split in Anoka County.
9. In all cases where Council action has been sought and denied, no petition for
identical action can be presented until a period of six months has elapsed.
NOTE: THE RESULTING REAL ESTATE TAXES AND SPECIAL ASSESSMENTS FOR
THE NEW PARCELS IN TOTAL AFTER THE LOT SPLIT MAY EXCEED THE
AMOUNT ASSESSED TO THE ORIGINAL PARCEL. THE FINANCE DEPARTMENT
OF FRIDLEY MAY BE ABLE TO PROVIDE THE ESTIMATED AMOUNT- OF
ADDITIONAL TAXES OR ASSESSMENTS.
CITY OF FRIOLEY, SUBJECT
MINNESOTA CCMMISSrOrM APPLICATION
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COMPLETE REVIEW CHECKLIST ADDRESS
RETURN TO PLANNING* r�,p7�.
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PRELIMINARY SURVEY FOR'. 1482 MISSISSIPPI ST., FRIXEY, MINNESOTA 4 Z
LS #79-07
MISSISSPPI ST Wallace L. Larson
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DESCRIPTION: LAT 1, BLK.I, SPRING VALLEY (EX.THE S.105THEREOF)
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I HEREBY CERTIFY THAT THIS SURVEY, PLAN, OR
I REPORT WAS PREPARED BY ME OR UNDER MY DIRECT
SUPERVISION AND THAT I AM A DULY REGISTERED
LAND SURVEYOR UNDER THE LAWS OF THE STATE OF
4 MINNESOTA.
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MERLYN "SKV" ANDERSON
DATE 9/Z5/7y REG. NO. 13596
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PLANNING COMMISSION MEETING, OCTOBER 24, 1979 PAGE 3
the house and to the rear. An access easement would have been provided for Mr. Bauler.
This land would be more valuable to Mr. Bauler for resale and that was his main reason
for the lot split request.
Ms. Hughes also felt Mr. Bauler was not receptive to any new proposal as this was his
third time here and he had the same comments each time. She felt the commission had
really tried to work with him. She stated she felt sorry they were not able to con-
vince him of the alternative solution. She understood why he might not want to use
their solution, because a house could be built close to his. She wished they had been
able to explore the possibility of splitting the rear lot and leasing that land to his
neighbor. She stated that Mr. Boardman said the City would not have done that because
a rear lot split would have created a diagonal line and they do not do lot splits with
a lot of description.
Mr. Boardman said they do not necessarily not do them but a split like that would have
to go through the plat process.
Ms. Modig asked if he could use an alternative lot split proposal at a later date if
he desired.
Mr. Harris said yes.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN HARRIS DECLARED THE MOTION CARRIED UNANIMOUSLY.
Chairman Harris asked to have Mr. Bauler notified of the commission's recommendation.
He also asked that City Council get all the information and discussions on this request
as one package.
2. LOT SPLIT REQUEST, .S. 1#79-07 WALLACE L. LAPRSON: Split off the Northerly 115.78
feet of Lot 1, Block S ring Valley Addition, t_beqame being 1482 Mississippi
Street N.E., to create a new ui X125' (10,000 square feet).
Mr. Boardman said this lot split was in an area in the Comprehensive Plan called under-
utilized land. The lot had previously been split off on the southerly end to create a
130 x 125 foot lot. On the south end of that lot the city has a 25 foot rode right-
of-way. The lots in this area are all quite deep and the city was looking at placing
a road along the southerly end and developing the area. He felt this lot split would
fit in with the area.
Mr. Harris questioned easements.
Mr. Boardman replied the necessary easements to service the back lots would be required.
Therewould be approximately a 5 foot easement around the lot.
Mr. Harris asked the petitioner for comments and if he understood the easement requirement.
Mr. Wally Larson, 1482 Mississippi Street, stated he had no additional comments and that
he understood about the easements.
Mr. Boardman noted the curb that runs down Mississippi Street along Mr. Larson's
property-was 1.3 feet on his land. Some type of agreement regarding that should be
worked out.
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PLANNING COMMISSION MEETING, OCTOBER 24, 1979 PAGE 4
Mr. Larson replied he was sure some type of agreement could be worked out between him
and the city.
MOTION by Ms. Hughes, seconded by Ms. Modig to recommend to the City Council approval
of L.S. #79-07, with the following stipulation:
1. Work out the required easements needed for the lot.
Mr. Treuenfels questioned if the curb problem should be stipulated also.
Mr. Harris said the City Council could handle that after staff has gotten all the
information together.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN HARRIS DECLARED THE MOTION CARRIED UNANIMOUSLY.
Mr- Harris informed Mr. Larson this goes before the City Council on November 5, 1979.
3. PUBLIC HEARING: REVIEW OF THE MISSISSIPPI RIVER CORRIDOR CRITICAL AREAS PLAN
FOR THE CITY OF FRIDLEY:
MOTION by Ms. Schnabel, seconded by Mr. Hora to open the public hearing.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN HARRIS DECLARED THE MOTION CARRIED UNANIMOUSLY.
PUBLIC HEARING OPENED AT 8:02 P.M.
Mr. Boardn, . explained that the Critical Area Plan was part of the Comprehensive Plan
and had be.: pulled out to allow review by the various local and state boards. He said
the first 20 pages of the Critical Area Plan were the same as in the Comprehensive Plan.
The policys and recommendations have already been approved with the approval of the
Comprehensive Plan by the Planning Commission. From page 21 on there was a breakdown of
projects and implementations of the Critical Area Plan. The Critical Area regulations
are found in this segment also. Mr. Boardman stated the plan was an overlay district,
in which changes will be included in the modifications__of__the City_ Code, Chapter 205. The
rjetrQ Council haa- reviewed the plan very informally,. A copy of their comments were made
:avai,l,able to each. Commission member. Mr, Boardman said he did not agree �Ti.th a1J. the
comments made,
Mr. Deblon said he had talked to the person who made the review, Carl Schenk, "fir- Shenk
said the comments may seem harsh, but were not intended. Lack of time made for hurried
comments.
Ms. Hughes questioned if these comments change the policy, do we approve them and then
send them back to Metro Council or what happens to them.
Mx. Boardman replied we will review the plan and comments, make changes where needed,
approve them and send them to the Metro Council for further reviewal. These comments,
changes, and regulations are not necessarily the ones the Minnesota EQC would make.
There was still some necessary negotiation needed on the document. The comments will
be looked at to see if we are covering them or not.
PAGE 21:
Ms. Schnabel said the chart referred to as Figure 3-10 should be labeled as such. This
was the Capital Improvements Program chart on page 23.
295
REGULAR MEETING OF NOVEMBER 5, 1979 Page 3
UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee
declared the motion carried unanimously.
RECEIVING THE PLANNING COMMISSION MINUTES OF OCTOBER 24, 1979:
CONSIDERATION OF LOT SPLIT REQUEST, LS #79-04 BY EDWARD T. BAULER,
1420 RICE CREEK ROAD:
Mayor Nee stated the Planning Commission has recommended denial of this lot
split.
{ Councilman Barnette stated Mr. Bauler was presented with some alternatives
and tended to reject all of them.
Mr. Boardman, City Planner, stated Mr. Bauler was present when the Planning
Commission made their recommendation and laid out the reasons for recommend-
ing denial. He stated Mr. Bauler did not want to proceed with any of the
alternatives.
1 Mayor Nee asked if staff was doing any work to provide leadership in this
area.
Mr. Boardman stated staff has talked with several people who have asked about
the possibilities of lot splits. He stated these would involve properties
closest to Old Central and indicated that development hasn't been promoted.
I �
Councilman Schneider stated he would have to concur with the Planning Com-
mission's recommmendation for denial of the lot split, as it would create
a lot which is not up to standard.
Councilman Schneider stated he felt there were a lot of plans that he didn't
feel the neighborhood wanted at this point of time.
A
I Councilman Fitzpatrick stated the overriding consideration is, if they grant
i the lot split, it creates a sub-standard lot.
I
Councilman Schneider stated the reason Mr. Bauler requested the lot split
was because his neighbor wishes to purchase this property for use as a tennis
I
I court. He stated he recognizes, however, that once the lot is split, some-
one r a building permit.o g
one could come in and ask
} Councilman Fitzpatrick stated there are no provisions, however, to create lots
for the purpose of a tennis court.
Mr. Herrick, City Attorney, stated he supposed if the sole purpose of the
lot split was for something other than a residence and the Council felt very
strongly that this should be passed, it may be possible to come up witn a
mutual agreement that would be filed with the deeds of the lots indicating
the lot split was approved, but that it was not buildable and no building
permits would be issued without a variance.
Councilman Schneider felt it was a sad situation because Mr. Bauler was sin-
cere in his efforts to sell off some of the property to cover some of the
costs of medical bills in his family and the
neighbor wants this property
for a tennis court.
Mr. Herrick stated if Mr. Bauler had considered the possibility of a long
term lease.
Councilman Barnette stated, in the last conversations he had with Mr. Bauler,
i he was going to talk with his neighbor about. the possibility of leasing.
I
MOTION by Councilman Schneider to concur with the recommendation of the
Planning Commission and deny LS 1/79-04, as filed by Mr. Edward Bauler.
Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye,
Mayor Nee declared the motion carrier, LS#79-07
mous
CONSIDERATION OF LOT SPLIT_ REQUEB WALLACE L. LARSON,
142 f�ISSI�SIPPI STI;EET:
Mayor Nee stated the Planning Commission has recommended approval of this
lot split.
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29G
REGULAR MEETING OF NOVEMBER 5, 1979 Page 4
Mr. Boardman, City Planner, stated that the survey shows that the curb
line on Mississippi Street is on Mr. Larson's land.
Mr. Qureshi, City Manager, questioned how the lot got split in the first
place.
Mr. Larson, the petitioner, stated his father had sold off the South half
and then bought back a portion. He pointed out on the map where he wished
the lot to be split.
Mr. Boardman, City Planner, stated the Planning Commission recommended
that all the necessary easements be provided for drainage and utilities.
Mr. Qureshi stated there is still room for the road right-of-way and
Council could grant the lot split subject to getting the easement, if
necessary, for utilities and road right-of-way on Mississippi Street,
and payment of the park fee plus drainage fee, and water and sewer lateral
charges, if they haven't been assessed.
MOTION by Councilman Schneider to concur with the recommendation of the
Planning Commission and grant LS #79-07, as filed by Mr. Wallace Larson,
with the following stipulations: (1) If, in fact, there is a right-of-
way problem, that the easement be granted; (2) That utility easements be
granted; (3) That a $500 park fee be paid; (4) That a storm sewer and
drainage fee be paid; and (5) That Mr. Larson be aware of the-potential
of water and sewer assessments. Seconded by Councilwoman Moses. Upon a
voice vote, all voting aye, Mayor Nee declared the motion carried unani-
mously.
MOTION by Councilman Fitzpatrick to receive the minutes of the Planning
Commission Meeting of October 24, 1979. Seconded by Councilman Schneider.
Upon a voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
RECEIVING CATV COMMISSION MINUTES OF OCTOBER 11, 1979:
MOTION by Councilwoman Moses to receive the minutes of the October 11,
1979 Cable Television Commission Meeting. Seconded by Councilman Schneider.
Upon a voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
i
Councilwoman Moses stated there seemed to be some concern over the five
percent paid for public access and asked if it was agree this would be
turned over for the Public Access Coordinator.
Mayor Nee stated the City has an obligation to use these funds for purposes
of cable television and not necessarily for the Access Coordinator. He
stated he hoped, however, they could give the workshop a fair amount. ;
RECEIVING POLICE CIV1L SERVICE COMMISSION MINUTES OF OCTOBER 22, 1979:
MOTION by Councilman Barnette to receive the minutes of the October 22,
1979 Police Civil Service Commission Meeting. Seconded by Councilman
Schneider. i
Councilman Schneider asked about the joint venture with Bloomington.
Mr. Qureshi, City Manager, stated there is a new Suburban Police Recruit-
ment System which the City could join for recruitment of Police Officers. I
He stated standards have been developed and an extensive process gone I
through to develop a valid testing. He stated Bloomington has been selected
to conduct the final portion which is it field test. ;
Mayor Nee stated he couldn't tell if the Commission members had examined
whether or not it is open to females.
Councilman Schneider asked what qualifications must be met for persons to
take the test.
Mr. Qureshi stated certain minimum criteria .has to be met and indicated he
would give further information to the Council.
Mr. Herrick, City Attorney, stated he talked briefly with Jim Hill, Public
Safety Director, regarding this item and wondered if there would be any
problems in dealing with Bloomington. lie stated that the City of Bloomington j
was sued and, he believed, the case went to the Supreme Court by a woman i
:. . CITY OF FRIDLEY
6431 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA 55432
Q
TELEPHONE ( 612)571-3450
CITY COUNCIL
ACTION TAKEN NOTICE
Wallace Larson
1482 Mississippi Street N.E.
Fridley, Mn 55432
On November 5, 1979 the Fridley City Council officially
approved your request for Lot Split #79-07
with the stipulations listed below:
1. If, in fact, there is a right-of-way problem, that an easement be granted.
2. That utility easements be granted.
3. That a $500 park fee be paid
4. That a storm sewer and drainage fee be paid
5. Mr. Larson be aware of the potential of water and sewer assessments.
If you have any questions regarding the above action, please call the
Coirrnunity Development Office at 571-3450,
Sincerely,
;r
VRROLD L. BOARDNu4N-
JLB/deCity Planner
Please review the noted stipulations, s the statement below, and return
Z
co to the City of F iGZ�Gur with action taken.
TO THE COUNTY AUDITOR OF ANOKA COUNTY:
The City Council of the City of Fridley on November 5, 1979
approved the following request for a lot split to allow:
Split off the Northerly 115.78 feet of Lot 1 , Block 1 , Spring Valley
Add i t i nn
on the following property:
this will create a new building site 80' by 125' (10,000 square feet)
A stipulation to the lot split approval was to combine
appropriate parcels of property to ensure no defaulting of taxes
and avoid losing a parcel on a future sale of the property.
It is hereby requested of the County Auditor to check
the records and, if in order, combine the following parcels
of land:
Plat # C/
Parcels-5-5-
Lots /
Block /
Addition
Signed
Owner(s) of Record
cc: Property Owner
Lot Split Folder
Fridley Assessing Dept. ,Real Estate File
Special Assessment Dept. File
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