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PS05-03 CITY OF FRIDLEY 6431 UNIVERSITY AVENUE FRIDLEY, MN 55432 (763) 572-3592 COMMUNITY DEVELOPMENT DEPARTMENT SUBDIVISION APPLICATION FOR: X , Plat Lot Split PROPERTY INFORMATION: (certificate of surveyrequired for submittal, see attached) Address: IV 7S- 73� 11LIP. N£ ,� /`r�� 7 J.'3 1,42, /tJ Property Identification Num er: i�•-30--.2y-13 -003- -�- 1,?-30 -q4 -13 - 003c1 Legal Description: Lot ? 02 Block -- Tract/Addition 4u p ! Lad /029 UR'T Irb Current Zoning: N3 Square foots a/acreage: Reason for Subdivision u>t�z�0� � � 7)footage/acreage: 7'1wo fu./"— luwte4 . Have you operated a business in a city which re uired a business license? Yes X No If Yes, which City? If Yes, what type of business? h 77 Was that license ever denied or revoked? Yes No X FEE OWNER INFORMATION (as it appears on the property title) (Contract purchasers: Fee owners must sign this form prior to processing.) NAME: ' �t `G%r'1 /q� lifC '� ADDRESS: l 7 rc( de, /llE DAYTIME PHONE: SIGNATURE/DATE: PETITIONER INFORMATION NAME: 'J U� ADDRESS: /Y73i- V-2 : DAYTIME PHONE: '7&3-79Z--5&9% SIGNATURE/DATE: tt FEES Plat: $1,500.00 for 20 Lots, $15.00 for each additional lot Total Fee: Lot Split: $1,250.00 Receipt #: 2I_5�7 Received By: Application Number: -e dd Scheduled Planning Commission Date: W"�" Scheduled City Council Date: -n 3 --C 10 Day Application Complete Notification Date: 60 Day Date: v5 1 r SUBDIVISION APPLICATION SUBMISSION CHECKLIST The following shall be the minimum submission requirements to the Planning Commission. Applications will not be accepted if the following is not submitted: ITEM SUBMITTED RECEIVER'S COMPLETE REVIEWER'S INITIALS INITIALS Completed application, with fee (Application is considered complete if all blanks are completed, and both fee owner and petitioner have signed.) For Lot Splits, a Certificate of Survey, by a certified surveyor, showing north arrow, existing and proposed lot lines, existing and proposed legal descriptions, existing improvements, etc. Must be signed by a registered surveyor. For Plats, a preliminary plat showing north arrow, existing and proposed lot ba�� lines, existing and proposed legalsG„Qt,ans descriptions, easements, spot � elevations, existing improvements, etc. Must be signed by a registered surveyor. Items are required to be submitted in three (3) full-size copies, with one (1) 8 1/2" x 11" reduction. I r- D z N INVOICE NO. 29W7 b 111`17—LAND SURVEYING, P.A. © S.A Na. - cn SCALE I'- LAND SURVEYORS 3D c O Denotes Iron Monument M W E 87Cu .lefferson Highway Ossec, Ldinr.esota 55359 Z F40NE (763) 493-5761 0 FAX (763) 48.'.-5781 S +»v >grrrs 4Rrrtirr 11M VAN At1KFh NORTHERLY a(TENsloN OF WEST LINE OF LAT J. BLOCK 1. YAR' AUKEN AD -nm. 73 1/2 iAVE. N.E. ,1 185-00 S W*13'59'E D _ __—r-3.34 X 41.25 a 41.25 ,`41.25 0 41.25 O 713CPORARY TDRNARCHM BASEMENT 12 l — — —I 10 `� / 10 A temporary easement for public right-of-way purposes over, under and across those parte of the following properties; U ` sTDIPCRARY W Lots 1, 2, 3 and 4, Block 1, I �TURNAitouNDl l�D VANALIIC1N AEDITIO1, accordingeo to the recorded plat therf. EASEUENT which lies within the circumference of a circle having a radius of � I �j ` 1 � � � � OD S0.00 feet. The center of said circle is a point distant: 3.34 feet northerly of the Northwest corner of said Lot 3, as measured along Z da the northerly extension of the west line of said Lot 3. I ARz 1 min to t N 11 9 2 1 3 N 4 1 N I 1 i C B L10 G[ K 1 I I ( I i ,D 12-�--DRAINAGEdo I + !DRAINAGE d L — U741TY EASEMENT--bio 10 L — UAUTy E:ASF_MENT-- _ µ 41.25 41.25 e. 41.25 41.25 N This wrnnrr is certVMd only to the mWarned arned arrsan or nerems 185.00 58913'59`E and no' to a"veat ones, mortgagee or title Nnresa_ ell The only eoemante storm we from pats of record o' mforrnadon yrotided by client m M huidhg dirnentions o-d floor devotions muel be rer"ied by Client. U 1 y di ry ce4m that this survey hat ■as prepared g me or under W my diced at;rervisbry acrd that i aril a duly Registered Land Surveyor under the lots of the Slate oL Nlmresotm Signed: U Surveyed by us this 316c day of Dcloner 20 '35 11i!ttm E. Hyland, Min No. 24262 IV EXHIBIT "A" A temporary easement for public right-of-way purposes over, under and across those parts of the following properties: Lots 1, 2, 3 and 4, Block 1, VAN AUKEN ADDITION, according to the recorded plat thereof. Which lies within the circumference of a circle having a radius of 50.00 feet. The center of said circle is a point distant 3.34 feet northerly of the Northwest corner of said Lot 3, measured along the northerly extension of the west line of said Lot 3. t -VIP 28-NI--QUIT CLAIM DEED (Top 3 inches Reserved for Recording Data) Miller/Davis Co.© St.Paul,MN 651-642-1988 Individual(s)to Corporation, Partnership or Limited Liability Company Minnesota Uniform Conveyancing Blanks(1/15/97) DEED TAX DUE: $ NIA easement Date: ------------ ----------------- ------------FOR VALUABLE CONSIDERATION, irno—thy _,L._Lan_Aub -__--__-___---_._____.___.__.__.__._._ — (marital status) Grantor, hereby conveys and quitclaims to--- the Ci�y__o�_Fridl�y_ Grantee, a_Municipal Corporation _under the laws of Minnesota real property in_- Annka County, Minnesota, described as follows: See attached Exhibit "A" together with all hereditaments and appurtenances. Check box if applicable: FRI The Seller certifies that the seller does not know of any wells on the described real property. ❑ A well disclosure certificate accompanies this document. ❑ I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure, certific e. Timothy Van Aiken Affix Deed Tax Stamp Here STATE OF MI TNT IESOTA COUNTY OF—Anoka SS. This instrument was acknowledged before me on Date by Timothy J. Van Auken, single NOTARIAL STAIIIP OR SEAL(OR OTHER TITLE Obi A:YR) sIGNATURE ARY PUBLIC OR O1'l1ER OFFICIAL JANET R.THOMAS Notary Public-Minnesota Check here if part or all of the land is Registered(Torrens)❑ My COmm19610n Exphea Jan 31,2010 •— ^� �,y„y�,yyyyv�e+nlw`�' Tax Statements for the real property described in this instrument should be sent to(include name and address of Grantee): THIS INSTRUMENT WAS DRAFTED BY(P(AAffi AND ADDRESS): City of Fridley Registered Abstracters, Inc. 6431 University Ave. N.E. 2115 N. 3rd Ave. Fridley, MN 55432 Anoka, MN 55303 WARNING:UNAUTHORIZED COPYING OF THIS FORM PROHIBITED—(GENUINE.V0jF®0 PRINTED FORMS HAVE A BLUE BORDER) _n CIO cu 3 m ED m m C7" L �m u @ Q CD a v7 CD CD 0 @ m rte, CD o -jtoo ffia co j } co 77 3 g r fTf p � @ GO CD f � co V >w$ 1 � r ry d f n� 2841—QUIT CLAIM DEED (Top 3 inches Reserved for Recording Data) MilleriDavis Co.O St.Paul,MN 651-642-1988 Individual(s)to Corporation, Partnership or Limited Liability Company Minnesota Utuform Comveyancuig Blanks(1119/97) DEED TAX DUE: $ n,Ca-easement _ Date: ,�� �FOR VALUABLE CONSIDERATION, (marital status) Grantor, hereby conveys and quitclaims Grantee, a Mttnicinal C:nrporation under the laws of Minnesota real property in.—_--Anoka_ _ _County, Minnesota, described as follows: An easement for roadway, drainage and utility purposes over, under and across the following described property: The South 25.00 feet of the East 55.00 feet of Lot 26, AUDITOR'S SUBDIVISION NO. 129, Anoka County, Minnesota together with all hereditaments and appurtenances. Check box if applicable: ❑ The Seller certifies that the seller does not know of any wells on the described real property. ❑ A well disclosure certificate accompanies this document. ❑ I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. trl- Marijane IYanson Affix Deed Tax Stamp Here STATE OF MIN17INESOTA COUNTY OF Anoka SS. This instrument was acknowledged before me on z-o o D to by Marijane Hanson, a single person__ NOTARIAL STAW OR SEAL(OR OTHER TITLE OR RANK) 7abil ^AA�i�l1I1I V�N/V V�-y. THOMA� S I1RE OF NOTARY PUnLIC OR OTHER OFFICIAL �NiBnnesota Check here if part or all of the land is Registered(Torrens)�„:,. Axplrea Jan 31,2010 Tax Statements for the real property described in this instrument should be sent to(include name and address of Grantee): TMS INSTRUINIENT WAS DRAFTED BY(NAME AND ADDRESS): City of Fridley Registered Abstracters, Inc. 2115 North Third Avenue Anoka, MN 55303 0 705 WARNING:UNAUTHORIZED COPYING OF THIS FORM PROHIBITED—(GENUINE @®AV®®PRINTED FORMS HAVE A BLUE BORDER) t v . f4 i ` :vvork# aa�s� D Ila, � I 1 .. � aw to 230fh� Yg i �3 A ! 1 j swat t Exit ' Snncel a t7 '�a � ,i .. S II CITYOF FWDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE.N.E.FRIDLEY,MN 55432 May 9, 2005 (763)571-3450 • FAX(763)571-1287 • TTD/TTY(763)572-3534 Timothy Van Auken 1475—73`d Ave. NE Fridley,MN 55432 Dear Mr.Van Auken: Per Minnesota Statute 15.99, local government units are required to notify land use applicants within 10 working days if their land use applications are complete. We officially received your subdivision(plat) application on April 29, 2005. This letter serves to inform you that your application is complete. Your subdivision(plat) application hearing and discussion will take place at the City of Fridley Planning Commission meeting on June 1,2005 at 7:30 P.M. in the City Council Chambers at 6431 University Avenue NE.The City of Fridley City Council will consider action on your subdivision request on June 13, 2005 at 7:30 P.M. You should plan to be in attendance at both of these meetings. If you have any questions regarding this letter or the process,please feel free to contact me at(763)572- 3599. Sincerely, Julie Jones Planning Coordinator C-05-24 City.of Fridley. (Official Publication) PUBLIC HEARING, BEFORE THE PLANNING COMMISSION ' Notice is hereby given that there will be a public hearing of the Fridley Planning Commission at the Fridley Municipal Center, 6431 University _Avenue N.E. on Wednesday,June 1,2005,at 7:30 p.m.,for the purpose of: Consideration of a Preliminary Plat, PS #05-03,by Timothy Van Auken, to'sub. divide two multi-family lots, the legal description is on file and"available at Fridley.Municipal Center, generally, located at 1475 and 1485 73rd Avenue NE.._ Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. Any questions relat- ed to this item may be referred to Julle Jones, Planning Coordinator at,763-572- 3599. Hearing Impaired persons planning to attend who need an Interpreter or other persons with disabilities who require auxiliary alds should contact Roberta Collins at 763-572- 1500 no later than May 25,2005. The TDD mber is 763-572-3534. DIANE SAVAGE CHAIR PLANNING COMMISSION Published: May 19,2005 "(May 19,2005)f2/ps-05-03-vanauken 33 PUBLIC HEARING BEFORE THE PLANNING COMMISSION Notice is hereby given that there will be a public hearing of the Fridley Planning Commission at the Fridley Municipal Center, 6431 University Avenue N.E . on Wednesday, June 1, 2005, at 7 :30 p.m. for the purpose of: Consideration of a Preliminary Plat, PS #05-03, by Timothy Van Auken, to subdivide two multi-family lots, the legal description is on file and available at Fridley Municipal Center, generally located at 1475 and 1485 73rd Avenue NE . Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place . Any questions related to this item may be referred to Julie Jones, Planning Coordinator at 763-572-3599 . Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no later than May 25, 2005 . The TDD number is 763-572-3534 . DIANE SAVAGE CHAIR PLANNING COMMISSION Publish: May 19, 2005 CITY OF FRIDLEY PUBLIC HEARING NOTICE BEFORE THE PLANNING COMMISSION TO: All property owners/residents within 350 feet of property generally located at 1475 and1485-73rd Avenue NE. CASE NUMBER: Preliminary Plat, PS #05-03 APPLICANT. Timothy Van Auken Petitioner or representative must attend the Planning Commission meeting. PURPOSE: To subdivide two multi-family lots. LOCATION OF 1475 and 1485-73 rd Avenue PROPERTY AND LEGAL Legal description is on file and available at Fridley Municipal DESCRIPTION: Center. DATE AND TIME OF Planning Commission Meeting: HEARING: Wednesday, June 1, 2005, at 7:30 p.m. The Planning Commission Meetings are televised live the night of the meeting on Channel 17. PLACE OF Fridley Municipal Center, City Council Chambers HEARING: 6431 University Avenue N.E., Fridley, MN HOW TO 1. You may attend hearings and testify. PARTICIPATE: 2. You may send a letter before the hearing to Julie Jones, Planning Coordinator, at 6431 University Avenue N.E., Fridley, MN 55432 or FAX at 763-571-1287. SPECIAL Hearing impaired persons planning to attend who need an ACCOMODAT/ONS: Interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no later than May 25, 2005. The TDD # is 763-572-3534. ANY QUESTIONS: Contact Julie Jones, Planning Coordinator, at 763-572-3599. Publish: May 19, 2005 21 City of Community Develoment Department Fridley Public Hearing Notice - -- n._.:.:. -' ..::iii\•:::ii$ii::::i:::::�i::::::i::iii:`v'i......... :::: :: ...:.: .: ... ::. .........n4:....... :::.:�:::.v .. ::. _.- .............y ...... .. ............. ....... ..... ..... I ON NDA A ST NE - D m „ � cn . -t Z m . 73RD AVE NE °r -. .. .:i:. ... .. mild- — ..: �� . .. -... . ... LEGEND Preliminary Plat Request " Sources: A Fridley Engineering Fridley GIS Plat- PS #05-03 Anoka County GIS Petitioner - Timothy Van Auken 1475 & 1485 - 73rd Avenue Map Date: 5/20/05 123024140067 123024140066 123024140071 ALPERT LAWRENCE I WICKMAN GERALD J&MARTHA J WAZWAZ AIDA 1500 ONONDAGA ST NE 1494 ONONDAGA ST NE 1533 73 1/2 AVE NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY,MN 55432 123024140072 123024140073 123024130043 SANFORD DAVID LARSON LEROY A&MIEKO SIMON JOHN E&PENNE L 1523 73 1/2 AVE NE 1503 73 1/2 AVE NE 801 TORCHWOOD DR FRIDLEY,MN 55432 FRIDLEY, MN 55432 NEW BRIGHTON, MN 55112 123024130043 123024140070 123024130088 CURRENT RESIDENT KOROSCHETZ KURT J&TRUDY C JACKELS JON V&DEBRA J 7371 HAYES ST NE 7350 PINETREE LN NE 1479 73 1/2 AVE NE FRIDLEY,MN 55304 FRIDLEY,MN 55432 FRIDLEY, MN 55432 123024130042 123024130039 123024130037 HINRICHS JAMES G&KARYL J VANAUKEN TIMOTHY J VAN AUKEN TIMOTHY J 7355 HAYES ST NE 1485 73RD AVE NE 1475 73RD AVE NE FRIDLEY,MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 123024140065 123024130035 123024130035 KRASKA DANIEL&LAUREEN M EQUITY REAL ESTATE SERVICES CURRENT RESIDENT 1488 ONONDAGA ST NE 4555 ERIN DR#250 1461 73RD AVE NE FRIDLEY, MN 55432 EAGAN,MN 55122 FRIDLEY,MN 55304 123024130033 123024130033 123024130028 DUNHAM BRADLEY G&JULIE A CURRENT RESIDENT MORANO JOSEPH M SR 1427 N DANUBE 1441 73RD AVE NE 7345 HAYES ST NE FRIDLEY,MN 55432 FRIDLEY,MN 55304 FRIDLEY,MN 55432 123024140080 123024140079 123024140078 NORDIN REUBEN T&DONNA E SHEREK GERALD J&SUSAN M PACKEY JOSEPH A&JILL A 0 1540 73 1/2 AVE NE 1530 73 1/2 AVE NE 1520 73 1/2 AVE NE FRIDLEY, MN 55432 FRIDLEY,MN 55432 FRIDLEY, MN 55432 123024140077 123024130027 123024130090 HOESCHEN KENNETH R&K E GROSSMAN SHAWN YOUNG DAVID A 1510 73 1/2 AVE NE 7343 HAYES ST NE 1482 ONONDAGA ST NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY, MN 55432 123024140081 123024140082 123024140083 HACHEY JOHN L&JUDY B LUNDAHL KATHRYN K KEPULIS ROBERT&EVA 1545 73RD AVE NE 1535 73RD AVE NE 1525 73RD AVE NE FRIDLEY, MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 123024130030 123024140084 123024410003 SEGER MARGARET A FAGERWOLD DOUGLAS A ONAN CORP 1401 73RD AVE NE 1505 73RD AVE NE 1400 73RD AVE NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 MPLS,MN 55432 30 123024130090 123024130036 123024130034 CURRENT RESIDENT HANSON GEORGE A&MARIJANE SABA STEVE R 1482 ONONDAGA PL NE 1476 ONONDAGA ST NE 1470 ONONDAGA ST NE FRIDLEY,MN 55304 FRIDLEY, MN 55432 FRIDLEY,MN 55432 123024130031 123024130032 123024140069 KALLROOS THOMAS L&SANDRA HJORT HARRIET W NALEPKA STEVEN MICHAEL 1466 ONONDAGA ST NE 1434 ONONDAGA ST NE 7360 PINETREE LN NE FRIDLEY,MN 55432 FRIDLEY, MN 55432 FRIDLEY,MN 55432 31 123024140068 123024140067 123024140069 KLICK JOYCE ADELE ALPERT WRENCE I NALEPKA TEVEN MICHAEL 1506 ONONDAGA ST NE 1500 OIJOANDAGA ST NE 7360 PI TREE LN NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 123024140071 123024140072 123024140073 WAZW AIDA SANFQ RD DAVID LARSON ROY A&MIEKO 1533 7 /2 AVE NE 1523113 1/2 AVE NE 1503 73 2 AVE NE FRIDL Y,MN 55432 FRIDrEY,MN 55432 FRIDLE , MN 55432 123024140070 123024130088 123024130039 KOROSIHETZ KURT J&TRUDY C JACKELj9 JON V&DEBRA J VANAPKEN TIMOTHY J 7350 PIIETREE LN NE 1479 733771/2 AVE NE 1485 3RD AVE NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRID EY,MN 55432 12302,4130037 123024130035 123024130035 VANKEN TIMOTHY J EQUITY REAL ESTATE SERVICES CURRENT RESIDENT 1475 D AVE NE 4555 ERIbf DR#250 1461 RD AVE NE FRIDLEY, MN 55432 EAGAN,IMN 55122 FRIEWEY, MN 55304 123024 40066 123024130033 123024130033 WICKM GERALD J&MARTHA J DUNHAM BRADLEY G&JULIE A CURT RESIDENT 1494 ON DAGA ST NE 1427 N1 ANUBE 1441 7 D AVE NE FRIDLEY, 55432 FRIDL ,MN 55432 FRI EY,MN 55304 123024140028 123024140080 123024140079 EWER CHESTER W JR&ARLENE NORDI REUBEN T&DONNA E SHEIK GERALD J&SUSAN M 1565 73RD AVE NE 1540 73 /2 AVE NE 153017(/3 1/2 AVE NE FRIDLEY, MN 55432 FRIDLEY,MN 55432 FRID EY,MN 55432 123024140078 123024140077 123024140081 PACK Y JOSEPH A&JILL A 0 HOES_ CHEN KENNETH R&K E HA EY JOHN L&JUDY B 1520 73N\ /2 AVE NE 1510.73 1/2 AVE NE 154 3RD AVE NE FRIDLEYU MN 55432 FRIDEY,MN 55432 FRIMEY,MN 55432 123024140082 123024140083 123024140065 LUNDA KATHRYN K KEPUL S ROBERT&EVA KRAS DANIEL&LAUREEN M 1535 73 D AVE NE 1525 73 ZD AVE NE 1488 Ct4ONDAGA ST NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY, MN 55432 123024j40084 12302,4410003 123024130090 FAGEPVOLD DOUGLAS A ONAN pRP YOL) G DAVID A 1505 73' AVE NE 140073 AVE NE 1482 NONDAGA ST NE FRIDLEYN 55432 MPLS,MN 55432 FRIDL Y,MN 55432 123024130090 123024130036 123024130034 CURRE, RESIDENT HANSOIJGEORGE A&MARIJANE SAB�4 STEVE R 1482 ON AGA PL NE 1476 ON?bNDAGA ST NE 1470NONDAGA ST NE FRIDLEY,MN 55304 FRIDLEY,MN 55432 FRIDLEY, MN 55432 32 � w Y u t r T, 1017 into 40 y ill 5 �y "` .x ��'t x��'tk r���, }ya n 5 3^ a• �` �k� in `psi s � i�w� yY Ni y spa°ate � 3 .�� •. � s INSPECTOR OF BUILDINGS 1475 - 73rd Avenue N.E. LOCATION .14-75-Eetsrtty-Read-H2 OWNER Gun-n7 VanAuken LOT 27 (Parcel 1840) BLOCK ADD. Auditor's Subdivision #129 Permit No. Construction Dat* Contractor Cost Final 320 Building Permit(House) 5/12/51 Larry Gunn $ - - - 1417 Building Permit(Garage) 7/13/55 Clarence Gunn 2.00 5066 Water & Sewer Permit 6/6/62 Nels Moller Plumbing 30.00 2296 Plumbing Permit 6/6/62 Nels Moller Plumbing 9.25 7/23/62 11,000 Building Permit(Garage) 5/4/71 Clarence Gunn 10.00 11,678 Building Permit(Reside) 9/19/72 Fireside Builders 6.00 9137 Electrical Permit 9/29/72 Royal Electric 6.00 11/10/72 12,191 Electrical Permit 8/15/77 Daun Electric 5.00 25,971 Building Permit(GarAddn) 4/23/98 Timothy Van Auken 149.75 7/24/98 26,262 Building Permit(Reroof) 6/16/98 Timothy Van Auken 40.25 7/24/98 27,253 Building Permit(Reside) 8/18/98 Mn Exteriors Inc. 99.75 INSPECTOR OF BUILDINGS 1485 - 73rd Avenue N.E. LOCATION -1486-E?etin#-y-Read-H 2- OWNER Mese-mey-er- Van Auken LOT 29 (Parcel 1880) BLOCK ADD. Auditor's Subdivision #129 Permit No. Construction Date Contractor Cost Fiscal 317 Building Permit(Addn) 5/7/51 Ernest Mattila $ - - - 437 Building Permit(Garage) 9/24/51 Ernest Mattila - - - 2375 Plumbing Permit 7/16/62 Lester Borgen Plumbin3 3.25 7/24/62 5135 Water & Sewer Permit 7/17/62 Rose Meyer 30.00 30,951 Building Permit(Reroof) 5/18/00 Timothy Van Auken 47.90 6/2/00 32,056 Building Permit(w�ndow / 8/03/01 Timothy Van Auken 97.25 2/10/03 oors 32,911 Building Permit(Reside 7/22/02 TVA Contracting 69.25 2/10/03 ' B#15,085-5/4/71 E#21,534-10/6/72 E#22,057-11/1/72 E#46,208-8/19/77 B#127,561-4/28/98 B#128,941-7/24/98 B#128,296-6/16/98 B#128,103-6/12/98 B#136,861-9/15/99 B#139,874-6/2/00 B#151,175-2/10/03 li- L. ii'l Orme 4f ng, . Un,45 �C�, lezy r�o i d 5 - r;"n h-a�✓�`n� � lk l � -� /w�,l�C,..h�,�,Q 5 i.e - was Y-e -4o C- moo iJ,5s 4,te 9--.�;�..� � sem � �sc..c) c-s s.•-n��C �-�,_I.� 4' of �. U yttz rz) a _.._• !'p.�-uY`'�vwc,�ti.�. ��,*-r _ _ J't'�„rr,�,ti,a.,✓t]"— Plat approval — Pertaining to Plat Request PS #05-03, 1475 and 1485 — 73 d Avenue NE. Tim Van Auken, 1475 73#d Avenue NE owns both the 1475 and 1485 73 d Avenue and has requested-a re-plat of his property to allow a total of 6 lots, 2 to allow the existing homes to remain along 73`d and the remaining 4 lots would allow two sets of two twin 'z extension. The current zoning on this property is R-3, Multiple Family homes, or a total of 4 twin homes that would face a 73 / g p p Y p Residential. We, the undersigned residents of the City of Fridley, respectfully request the Fridley City Council act to make the zoning of this property consistent with the 2001 Comprehensive Plan Future Land Use which is for R-1, Single Family Residence. Printed Name Address Signature( Date / u9- N� W�-� L Z - _`� 2. 2 6rCL r11Com' �� C� �;51Z 3. 5 e�Z2,y S�� z k (53 -7 3 �z r�v e !� L � J� �- I Z-z w - 6. VC, Nza &C Ar. 8. e-)9 /��l�^�d; r� / h ' /6 /" VIA 10. 14. 15. G /tet' ZS :::;2 '�Z XUl��. Plat approval — Pertaining to Plat Request PS #05-03, 1475 and 1485 — 73rd Avenue NE. Tim Van Auken, 1475 73rd Avenue NE owns both the 1475 and 1485 73`d Avenue and has requested a re-plat of his property to allow a total of 6 lots, 2 to allow the existing homes to remain along 73rd and the remaining 4 lots would allow two sets of two twin homes, or a total of 4 twin homes that would face a 73 1/2 extension. The current zoning on this property is R-3, Multiple Family Residential. We, the undersigned residents of the City of Fridley, respectfully request the Fridley City Council act to make the zoning of this property consistent with the 2001 Comprehensive Plan Future Land Use which is for R-1, Single Family Residence. Printed Name Address Signature Date Ler, LU��,��. � 5bS 73Jz A,< ti— e. 3. 4. 12 6. �. -\- S-- 7.7. c 8. 12. -05 13. O r\A, (A,0- /' U 1 Plat approval — Pertaining to Plat Request PS #05-03, 1475 and 1485 — 73rd Avenue NE. Tim Van Auken, 1475 73rd Avenue NE owns both the 1475 and 1485 73rd Avenue and has requested a re-plat of his property to allow a total of 6 lots, 2 to allow the existing homes to remain along 73rd and the remaining 4 lots would allow two sets of two twin homes, or a total of 4 twin homes that would face a 73 '/z extension. The current zoning on this property is R-3, Multiple Family Residential. We, the undersigned residents of the City of Fridley, respectfully request the Fridley City Council act to make the zoning of this for R-1 Single Family Residence. Ian Future Land Use which is y consistent with the 2001 Comprehensive P g property Printed Name Addres Signature Date �- 12a, _aLf 1. r S� 3. K�—I e. f 4� ed 31 C 1 D 5. G� `J 6. 7. 12-14/e�///-,4-01 9. 10. 12. 13. 14. 15. Hickok, Scott From: Burns, Bill Sent: Wednesday, June 22, 2005 5:19 PM To: 'jon.jackels@dot.state.mn.us' Cc: City Council; Hickok, Scott Subject: FW: Plat Request PS #05-03 -----Original Message----- From: Hickok, Scott Sent: Wednesday, June 22, 2005 4:35 PM To: Burns, Bill Subject: RE: Plat Request PS #05-03 Jon, here are Scott Hickok's answers to your questions. Bill: I have included the answers below. Scott J. Hickok, AICP Community Development Director City of Fridley 6431 University Avenue NE Fridley, MN 55432 (7 63) 572-3590 hickoks@ci.fridley.mn.us -----Original Message----- From: Burns, Bill Sent: Wednesday, June 22, 2005 8:40 AM To: Hickok, Scott Subject: FW: Plat Request PS #05-03 Scott, I thought I forwarded this earlier. If not, here it is. Bill -----Original Message----- From: Jon Jackels [mailto:jon.jackels@dot.state.mn.us] Sent: Monday, June 20, 2005 12:53 PM To: Burns, Bill Cc: debrajackels@hotmail.com; jdjackels@msn.com; jerry@sherek.com; ssherek@yahoo.com Subject: Plat Request PS #05-03 We appreciate the opportunity to participate in the discussion regarding the priliminary plat in Plat Request PS #05-03, at 1475 and 1485 73rd Ave NE. We have the following requests for information from you or your staff regarding this request: 1. What part of the city code applies to the proposed development of the property located on 73-!/2 Avenue NE? ANSWER: Code Section 205.09, R-3, General Multiple Dwelling District. The land is currently zoned R-3, and as such, this section of the City Code applies. 2. Where is the definition of a "twin home" in the city code and what is that definition? Twin home is a building industry term that simply refers to a side-by-side two family dwelling. The R-3 Section of the Code allows: Multiple dwellings and multiple dwelling complexes including rental condominium apartments; Single Family attached development as per conditions under Section 205.11 of this Code; Two-family dwellings; and One-family 22 dwellings. Mr. Hickok told us that it was a "single family attached" . Therefore, I am assuming Fridley City Code 205.11 applies. If this is incorrect please advise. ANSWER: This is incorrect. These are two sets of two attached single family dwelling units in an R-3, General Multiple District. Though they are attached single family units, Section 205.11 refers to a type of development that calls for 5 acres or more and is allowed in the R-1, Single Family district, and requires other special caveats to exist there. In this case, each unit would be situated on its own real estate and would be able to be either rented or owner occupied. The R-3 district permits 2 family dwellings and greater densities as well. Therefore, unless dealing with an R-1, Single Family District, the application of the provisions of 205.11 is not necessary. 3. On June 1, 2005, Jon Jackels met with staff and we attended the Planning Commission Meeting. We have been waiting for a response from the City of Fridley staff regarding the cost of relocating the existing curb and gutter and cul-de-sac options since these meetings. To date, the staff has not contacted us with this information. When can we anticipate receiving this information. I have attached a pdf of the drawing shown to the City Council at their June 13, 2005 meeting. ANSWER: The engineering staff has worked with the developer and the planning staff to design a solution that addresses the majority concerns of the neighborhood, without requiring the removal (or movement) of the existing curb in the existing location. However, City Engineer, Jon Haukaas is preparing a cost estimate for the removal/movement of curb. He anticipates he will have that price by this time tomorrow (Thursday) . 4. The agenda item for the City Council meeting of June 13, 2005, appears to contain errors and omissions. The City of Fridley Land Use Application attached to this agenda item states "use of this property IS consistent with the Comprehensive Plan." In staff's own report it states that it is NOT consistent with the plan. These two statements are in conflict. Please advise as to which of these is correct. ANSWER: As mentioned in the staff presentation. Once this plat is approved, a minor Comprehensive Plan amendment will be required. Currently the zoning is R-3, General Multiple and the Comprehensive Plan indicates the plan for 2020 as single family. 5. The zoning history for 1475 73rd Avenue NE on the Land Use Application shows the last building permit was for a garage in 1971. That garage was added to by Mr. Van Auken since we moved into our home in 1987. Was this an oversight on the Land Use Application? ANSWER: The address file/permit record for the property shows that the last garage permit was issued for 1475 73rd in 1971; staff is researching further this garage question. 6. The Land Use Application states the combined lot sizes for the existing lots at 1475 and 1485 73rd Avenue is 20,821 sq. ft., the Preliminary Plat states the lot sizes as 49, 692 sq. ft. Is this an error in the application? ANSWER: No. The entire area of the plat is 49, 692, while the proposed remaining area for 1475 and 1485 73rd (after platting) would be 20, 821. Please respond by email at your earliest convenience. Thank you. Jon Jackels Deb Jackels Sue Sherek Jerry Sherek 13 Hickok, Scott From: Burns, Bill Sent: Wednesday, June 22, 2005 5:23 PM To: Hickok, Scott Cc: City Council Subject: RE: Plat Request PS#05-03 Thanks, Scott -----Original Message----- From: Hickok, Scott Sent: Wednesday, June 22, 2005 4:38 PM To: Burns, Bill Subject: FW: Plat Request PS #05-03 Bill. Here is Jon's Answer (below) to the question about cost to moving 73 1/2 Avenue 2 ' south in front of the Jackel's home. Scott J. Hickok, AICP Community Development Director City of Fridley 6431 University Avenue NE Fridley, MN 55432 (7 63) 572-3590 hickoks@ci.fridley.mn.us -----Original Message----- From: Haukaas, Jon Sent: Wednesday, June 22, 2005 3:58 PM To: Hickok, Scott Subject: RE: Plat Request PS #05-03 Here is the answer regarding street relocation costs: Cost for construction of the new cul-de-sac was not calculated due to the opposition to the design and because the final layout has not been approved to date. We are not going to spend the staff time to calculate construction costs until a final design is known. The cost to relocate the curbing can be estimated based on past street construction projects. Since the existing half street drains and connects to the existing driveway as currently constructed, it is possible to simply add a south half to the street. Due to these elevation and drainage constraints, the curb cannot be simply cut off and moved two feet south. To make the street drain properly, moving that curb will require reconstruction of that half of the street. Our historic costs to reconstruct streets have been approximately $120 per lineal foot for a 30 foot wide street. To move and reconstruct the existing 127 feet of half width-street will cost approximately $7620. II -----Original Message----- From: Hickok, Scott Sent: Wednesday, June 22, 2005 2:02 PM To: Haukaas, Jon Subject: FW: Plat Request PS #05-03 24 Scott J. Hickok, AICP Community Development Director City of Fridley 6431 University Avenue NE Fridley, MN 55432 (763) 572-3590 hickoks@ci.fridley.mn.us -----Original Message----- From: Burns, Bill Sent: Wednesday, June 22, 2005 5:20 PM To: Hickok, Scott Subject: RE: Plat Request PS #05-03 Thanks, Scott -----Original Message----- From: Hickok, Scott Sent: Wednesday, June 22, 2005 4:35 PM To: Burns, Bill Subject: RE: Plat Request PS #05-03 Bill: I have included the answers below. Scott J. Hickok, AICP Community Development Director City of Fridley 6431 University Avenue NE Fridley, MN 55432 (7 63) 572-3590 hickoks@ci.fridley.mn.us -----Original Message----- From: Burns, Bill Sent: Wednesday, June 22, 2005 8:40 AM To: Hickok, Scott Subject: FW: Plat Request PS #05-03 Scott, I thought I forwarded this earlier. If not, here it is. Bill -----Original Message----- From: Jon Jackels (mailto:jon.jackels@dot.state.mn.us] Sent: Monday, June 20, 2005 12:53 PM To: Burns, Bill Cc: debrajackels@hotmail.com; jdjackels@msn.com; jerry@sherek.com; ssherek@yahoo.com Subject: Plat Request PS #05-03 We appreciate the opportunity to participate in the discussion regarding 25 the priliminary plat in Plat Request PS #05-03, at 1475 and 1485 73rd Ave NE. We have the following requests for information from you or your staff regarding this request: 1. What part of the city code applies to the proposed development of the property located on 73-!/2 Avenue NE? ANSWER: Code Section 205.09, R-3, General Multiple Dwelling District. The land is currently zoned R-3, and as such, this section of the City Code applies. 2. Where is the definition of a "twin home" in the city code and what is that definition? Twin home is a building industry term that simply refers to a side-by-side two family dwelling. The R-3 Section of the Code allows: Multiple dwellings and multiple dwelling complexes including rental condominium apartments; Single Family attached development as per conditions under Section 205.11 of this Code; Two-family dwellings; and One-family dwellings. Mr. Hickok told us that it was a "single family attached". Therefore, I am assuming Fridley City Code 205.11 applies. If this is incorrect please advise. ANSWER: This is incorrect. These are two sets of two attached single family dwelling units in an R-3, General Multiple District. Though they are attached single family units, Section 205.11 refers to a type of development that calls for 5 acres or more and is allowed in the R-1, Single Family district, and requires other special caveats to exist there. In this case, each unit would be situated on its own real estate and would be able to be either rented or owner occupied. The R-3 district permits 2 family dwellings and greater densities as well. Therefore, unless dealing with an R-1, Single Family District, the application of the provisions of 205.11 is not necessary. 3. On June 1, 2005, Jon Jackels met with staff and we attended the Planning Commission Meeting. We have been waiting for a response from the City of Fridley staff regarding the cost of relocating the existing curb and gutter and cul-de-sac options since these meetings. To date, the staff has not contacted us with this information. When can we anticipate receiving this information. I have attached a pdf of the drawing shown to the City Council at their June 13, 2005 meeting. ANSWER: The engineering staff has worked with the developer and the planning staff to design a solution that addresses the majority concerns of the neighborhood, without requiring the removal (or movement) of the existing curb in the existing location. However, City Engineer, Jon Haukaas is preparing a cost estimate for the removal/movement of curb. He anticipates he will have that price by this time tomorrow (Thursday) . 4. The agenda item for the City Council meeting of June 13, 2005, appears to contain errors and omissions. The City of Fridley Land Use Application attached to this agenda item states "use of this property IS consistent with the Comprehensive Plan." In staff's own report it states that it is NOT consistent with the plan. These two statements are 26 r in conflict. Please advise as to which of these is correct. ANSWER: As mentioned in the staff presentation. Once this plat is approved, a minor Comprehensive Plan amendment will be required. Currently the zoning is R-3, General Multiple and the Comprehensive Plan indicates the plan for 2020 as single family. 5. The zoning history for 1475 73rd Avenue NE on the Land Use Application shows the last building permit was for a garage in 1971. That garage was added to by Mr. Van Auken since we moved into our home in 1987. Was this an oversight on the Land Use Application? ANSWER: The address file/permit record for the property shows that the last garage permit was issued for 1475 73rd in 1971; staff is researching further this garage question. 6. The Land Use Application states the combined lot sizes for the existing lots at 1475 and 1485 73rd Avenue is 20,821 sq. ft. , the Preliminary Plat states the lot sizes as 49, 692 sq. ft. Is this an error in the application? ANSWER: No. The entire area of the plat is 49, 692, while the proposed remaining area for 1475 and 1485 73rd (after platting) would be 20,821. Please respond by email at your earliest convenience. Thank you. Jon Jackels Deb Jackels Sue Sherek Jerry Sherek 27 Hickok, Scott From: Burns, Bill Sent: Friday, June 24, 2005 9:07 AM To: Hickok, Scott Subject: RE: FW: Plat Request PS#05-03 Additional Questions Thanks, Scott. -----Original Message----- From: Hickok, Scott Sent: Friday, June 24, 2005 7:47 AM To: Burns, Bill Subject: FW: FW: Plat Request PS #05-03 Additional Questions Bill: FYI - this is Fritz's response back on my responses to the jackel's questions. Scott Scott J. Hickok, AICP Community Development Director City of Fridley 6431 University Avenue NE Fridley, MN 55432 (763) 572-3590 hickoks@ci.fridley.mn.us -----Original Message----- From: Hickok, Scott Sent: Friday, June 24, 2005 7:38 AM To: Knaak, Fritz Subject: RE: FW: Plat Request PS #05-03 Additional Questions Thanks Fritz Scott J. Hickok, AICP Community Development Director City of Fridley 6431 University Avenue NE Fridley, MN 55432 (7 63) 572-3590 hickoks@ci.fridley.mn.us -----Original Message----- From: Knaak, Fritz Sent: Thursday, June 23, 2005 7:12 PM To: Hickok, Scott Cc: Burns, Bill Subject: Re: FW: Plat Request PS #05-03 Additional Questions On 23 Jun 2005 at 16:33, Hickok, Scott wrote: > Fritz: > Bill again asked me to forward you these answers 28 to these questions to > make sure you concur with my answers. You'll note that I have > embedded my answers in the text of Mr. Jackel's original questions. I concur, Scott. Very succinct, correct and to the point. ------------------------------------ ------------------------------------ Frederic W. ("Fritz") Knaak, Esq. (MN., WI . , CO. ) Knaak & Kantrud, P.A. 3500 Willow Lake Blvd. - Suite 800 Vadnais Heights, MN. 55110 Tel: 651.490.9078/Fax: 651.490.1580 Mailto: fknaak@klaw.us / Website: http://www.klaw.us �9 Hickok, Scott From: Bolkcom,Ann Sent: Sunday, June 26, 2005 8:38 PM To: Sue Sherek;Wolfer@ci.fridley.net; City Council Cc: Burns, Bill; Hickok, Scott;jdjackels@msn.com; Jerry Subject: RE: Plat Request PS#05-03 Scott and Bill, do you have answers to these QUESTIONS. I will await your response and presentation at the city council meeting. I did not get a chance to discuss this with you as I just returned from vacation on Sunday evening. Bill, is there any legal issues related to this that Fritz can respond to? -----Original Message----- From: Sue Sherek [mailto:ssherek@yahoo.com] Sent: Saturday, June 25, 2005 10:22 AM To: Wolfer@ci.fridley.net; City Council Cc: Burns, Bill; Hickok, Scott; jdjackels@msn.com; Jerry Subject: Plat Request PS #05-03 To the Mayor and all City Councilpersons - We continue to have grave concerns regarding the VanAuken proposed plat. 1. We still do not understend how staff and council can "invoke" the Comprehensive Plan in one public hearing, and ignore it in the next one - at the same meeting. The Family Living project, with rezoning, ist being pressed on the neighbors because it "fits" the Comp Plan. When we cite the same plan in defense of � t44,4C2•1Aj5 ol-4 �f'1 retaining single family homes, as called for in the �N taA4S►.5 current and 2020 land usage, we are told the council 17"rC�► ' �j /t 2k 1 cannot consider the Comp Plan - only the zoning. W � � M (; T`I' t. C400 /6, Seems inconsistent, to say the least! pv.t4, L GNB S t t� 2. The staff response to our questions about where inJW�yk the code there is a provision to create 5000 sq ft ' }�1F2 �,� F1X ��� lots with single family attached residences has not + 1 been answered. Please see Scott's responses below. W GQN`31Cy>"p� `� 14 Cal`y, Abbe He states that 205.11 only applies in an R-1 district, S �� and the petitioner is allowed to do this without regard to 205.11 in an R-3 zoning. The zoning code at 205.09, R-3 Multiple Dwelling tr= Jll.�� District Regulations, clearly states: "Single family attached development as per conditions under Section A-" e' 3� �UQ.. _FfA-11c--5oe 205.11 of this Code." This plat is less than 5 acres, therefore we agree this section cannot be applied, but _ZZ"A)6 01_9-�e r- it would apply in an R-3 zone. 3. A later response (included below) , Mr Hickok stated that, "This is an R-3 zoned district. You can call \ �^ the units twin homes, or call the units side-by side 3 ) ��s z � /'" kAfjL`oo' duplexes, or call the units town homes. Any of the terms, and probably many others aptly apply. " None of U N� �� �"�/1� these terms applies to what the petitioner is proposing. l'�`� `2 /00 S�, A "two-family dwelling" is required under 205.8 to be 1Alb� C1�/v� S �P 0� UNC erected on a lot of 10,000 square feet, with no �lj Nar- UNCZ)41NOJ provision for the "lot" to be two separate legal FF m parcels, potentially owned by two different parties, �[�1 �5 with the homes located on them also under separate d m 40002-re- 10jzvd i4 71W- util, r a U t°LA-4C s 2y5 eo.�s ownership. I believe this is exactly the situation 205.11 was intended to address. A town home is, I believe, a townhouse, which is defined at 205.03.79 as "a unit where the owner has (•© C✓n'`�" title to the unit and the underlying land with common ®0 t ownership of the real estate which is not covered by `� the structure." Again, not what is proposed here - G petitioner is proposing four separate 5000 sq ft _ parcels, with no common spaces, covenants, etc. It appears staff is proposing to create a new use or class of property here - totally not in conformance [,t� /� - with the Fridley zoning code. Without the covenants '? � (,,O Y YJ Q and restrictions of a formal development, it would be interesting to see how future use ofrf�`� "/b these properties would be controlled - as when one owner wants to reroof or paint, and the other does not. Or in future, if one wants to tear down their unit and the other will not. ^ �,.,� )S 15 Nor � 4. We have seen the revised plat drawings. 1 A�/�� The first comment is that it looks impossible to fit YAII 49 the proposed dwellings and the culdesac as shown t oes W oo m without setback variances. Are variances now to be /� requested? � r_>r, C(:)G/ �( �/� There are also very serious concerns about drainage. ��'f /�� All the run-off from the new construction, which will contain several thousand square feet of NEW impervious Cly surface, will need to travel east about 600 feet to -QCl� the existing storm drain. The additional runoff will ' } cause significant issues in front of the properties along the south side of the street, where we already �'� &f have pooling at the base of driveways in heavy �tl~' rain/melt situations. LJ // � `1 3�' d V We appreciate the opportunity to address our concernslD,-,, vy��11,_ �( ✓i'—` to each of you, and hope you will seriously consider J�.. i J whether the proposed plat with its 5000 square foot non-conforming lots is a good precedent for the city of Fridley to set. Sue Sherek (763) 443-1640 ------------------------------------------------------- first response from city staff to our questions From: "JON JACKELS" <JDJackels@msn.com> Add to Address Book To: jerry@sherek.com, ssherek@yahoo.com Subject: Fw: Plat Request PS #05-03 Date: Wed, 22 Jun 2005 19:25:29 -0500 Sue and Jerry, FYI. Jon ----- Original Message ----- From: "Burns, Bill" <BurnsW@ci.fridley.mn.us> To: <jon.jackels@dot.state.mn.us> Cc: " City Council" <CityCouncil@ci.fridley.mn.us>; "Hickok, Scott" <HickokS@ci.fridley.mn.us> Sent: Wednesday, June 22, 2005 5:19 PM Subject: FW: Plat Request PS #05-03 2 -----Original Message----- From: Hickok, Scott Sent: Wednesday, June 22, 2005 4:35 PM To: Burns, Bill Subject: RE: Plat Request PS #05-03 Jon, here are Scott Hickok's answers to your questions. Bill: I have included the answers below. Scott J. Hickok, AICP Community Development Director City of Fridley 6431 University Avenue NE Fridley, MN 55432 (763) 572-3590 hickoks@ci.fridley.mn.us -----Original Message----- From: Burns, Bill Sent: Wednesday, June 22, 2005 8:40 AM To: Hickok, Scott Subject: FW: Plat Request PS #05-03 Scott, I thought I forwarded this earlier. If not, here it is. Bill -----Original Message----- From: Jon Jackels [mailto:jon.jackels@dot.state.mn.us] Sent: Monday, June 20, 2005 12:53 PM To: Burns, Bill Cc: debrajackels@hotmail.com; jdjackels@msn.com; jerry@sherek.com; ssherek@yahoo.com Subject: Plat Request PS #05-03 We appreciate the opportunity to participate in the discussion regarding the priliminary plat in Plat Request PS #05-03, at 1475 and 1485 73rd Ave NE. We have the following requests for information from you or your staff regarding this request: 1. What part of the city code applies to the proposed development of the property located on 73-!/2 Avenue NE? ANSWER: Code Section 205.09, R-3, General Multiple Dwelling District. The land is currently zoned R-3, and as such, this section of the City Code applies. 2. Where is the definition of a "twin home" in the city code and what is that definition? Twin home is a building industry term that simply 3 refers to a side-by-side two family dwelling. The R-3 Section of the Code allows: Multiple dwellings and multiple dwelling complexes including rental condominium apartments; Single Family attached development as per conditions under Section 205.11 of this Code; Two-family dwellings; and One-family dwellings. Mr. Hickok told us that it was a "single family attached". Therefore, I am assuming Fridley City Code 205.11 applies. If this is incorrect please advise. ANSWER: This is incorrect. These are two sets of two attached single family dwelling units in an R-3, General Multiple District. Though they are attached single family units, Section 205.11 refers to a type of development that calls for 5 acres or more and is allowed in the R-1, Single Family district, and requires other special caveats to exist there. In this case, each unit would be situated on its own real estate and would be able to be either rented or owner occupied. The R-3 district permits 2 family dwellings and greater densities as well. Therefore, unless dealing with an R-1, Single Family District, the application of the provisions of 205.11 is not necessary. 3. On June 1, 2005, Jon Jackels met with staff and we attended the Planning Commission Meeting. We have been waiting for a response from the City of Fridley staff regarding the cost of relocating the existing curb and gutter and cul-de-sac options since these meetings. To date, the staff has not contacted us with this information. When can we anticipate receiving this information. I have attached a pdf of the drawing shown to the City Council at their June 13, 2005 meeting. ANSWER: The engineering staff has worked with the developer and the planning staff to design a solution that addresses the majority concerns of the neighborhood, without requiring the removal (or movement) of the existing curb in the existing location. However, City Engineer, Jon Haukaas is preparing a cost estimate for 4 the removal/movement of curb. He anticipates he will have that price by this time tomorrow (Thursday) . 4. The agenda item for the City Council meeting of June 13, 2005, appears to contain errors and omissions. The City of Fridley Land Use Application attached to this agenda item states "use of this property IS consistent with the Comprehensive Plan." In staff's own report it states that it is NOT consistent with the plan. These two statements are in conflict. Please advise as to which of these is correct. ANSWER: As mentioned in the staff presentation. Once this plat is approved, a minor Comprehensive Plan amendment will be required. Currently the zoning is R-3, General Multiple and the Comprehensive Plan indicates the plan for 2020 as single family. 5. The zoning history for 1475 73rd Avenue NE on the Land Use Application shows the last building permit was for a garage in 1971. That garage was added to by Mr. Van Auken since we moved into our home in 1987. Was this an oversight on the Land Use Application? ANSWER: The address file/permit record for the property shows that the last garage permit was issued for 1475 73rd in 1971; staff is researching further this garage question. 6. The Land Use Application states the combined lot sizes for the existing lots at 1475 and 1485 73rd Avenue is 20, 821 sq. ft. , the Preliminary Plat states the lot sizes as 49, 692 sq. ft. Is this an error in the application? N The entire area of the plat is 49 692 ANSWER. o. p , , while the proposed remaining area for 1475 and 1485 73rd (after platting) , would be 20, 821. Please respond by email at your earliest convenience. Thank you. Jon Jackels Deb Jackels Sue Sherek Jerry Sherek -------------------------------------------------------Second response by city staff - to follow-up questions 5 From: JON JACKELS [mailto:JDJackels@msn.com] Sent: Thursday, June 23, 2005 7:03 AM To: Hickok, Scott Cc: wolfer@ci.fridley.mu.us Subject: Plat Request PS #05-03 Additional Questions Mr. Hickok, thank you for your timely response to my inquiry. I have several follow up questions to help me understand the proposed development on this property. I understand that Code Section 205.09 applies. Is it also true that 205.09-3 requires that "Two-family dwellings in this district shall be subject to the R-2 District regulations. ." and these are found in Code Section 205.08? Also, what section of the City Code allows for lots of 5000 square feet with zero offset between buildings on these lots? ANSWER: Yes, Code Section 205.08.3, requires a minimum lot area of 10,000 square feet for a two-family dwelling unit and a lot width of 75 feet for a two-family dwelling unit. In the latest proposal, the Van Auken proposal has 10,781 s.f. for one two-unit building and 10, 690 for the other. Also the plat provides for 82.5 feet per two- unit building. The fact that the lots are divided at the party wall for ownership purposes is for separate ownership purposes, does not invalidate the fact that each two-unit building exceeds the R-2 minimum requirements. As for the zero offset, that is how multi-family developments oftentimes work. The setbacks listed are from the outside of the building (1-unit, 2-unit, 3-unit, etc.) It is understood that multi-unit buildings are joined in a party-wall fashion. I understand that the term twin home is not defined in the City Code and that it is a common industry term used to describe the type of dwelling being proposed. In your answer to my question regarding the legal definition you wrote: "These are two sets of two attached single family dwelling units in an R-3, General Multiple District." Therefore, can I assume that wherever I see the term twin homes in any of the documents for this proposal that I can substitute the term attached single family dwelling units? No, not in the sense that attached single family in the R-1 and R-2 district would require 5 acres. This is an R-3 zoned district. You can call the units twin homes, or call the units side-by side duplexes, or call the units town homes. Any of the terms, and probably many others aptly apply. 6 I do not understand your following answer: "Though they are attached single family units, Section 205.11 refers to a type of development that calls for 5 acres or more and is allowed in the R-1, Single Family district, and requires other special caveats to exist there. In this case, each unit would be situated on its own real estate and would be able to be either rented or owner occupied. The R-3 district permits 2 family dwellings and greater densities as well. Therefore, unless dealing with an R-1, Single Family District, the application of the provisions of 205.11 is not necessary." Code Sections 205.08 and 205.09 both state "Single family attached development as per conditions under Section 205.11 of this Code." Therefore, why would the conditions of Section 205.11 of the Code apply only to R-1 Districts? ANSWER: This is an R-3 District. R-3 allows a multitude of unit types and densities. The language in the R-3 Code is simply stating that what is allowed in the R-1 and R-2 districts, would be allowed in the R-3 districts. In your response to the question regarding the cost of curb relocation and cal-de-sac options you replied, "The engineering staff has worked with the developer and thelannin staff to design a solution that P g addresses the majority concerns of the neighborhood, without requiring the removal (or movement) of the existing curb in the existing location. However, City Engineer, Jon Haukaas is preparing a cost estimate for the removal/movement of curb. He anticipates he will have that price by this time tomorrow (Thursday) ." I have received the initial estimate of the curb relocation. I am concerned that the developer and city staff have been working to design a solution that addresses the majority concerns of the neighborhood, without input from the neighborhood. Since the City Council asked the developer and staff to work on these options with the residents in the neighborhood I hope that we will be included in these discussions before the City Council meeting on June 27, 2005. Who is representing the neighborhood in development of these solutions? ANSWER: Staff has heard the concerns of you, Ms. Hanson, the Sherans and others and designed a solution that addresses those concerns. It is City staff' s role to engineer street solutions and in this instance a design has been created that seeks to strike a happy medium between all concerns noted, either through individual meetings with staff or on those concerns listed in the public record. Thank you for your attention to these inquiries. 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'Tree 47) Cf RE: PURCHASE OF LANDLOCKED LOT #033024320043 Natalie & Justin Chapweske 530 Dover St. NE Fridley, MN 55432 +1 612 986 2746 May 16, 2007 Fridley City Council c/o Scott Hickok Community Development Director 6431 University Ave NE Fridley, MN 55432 Dear Respected City Council, We are a conservation-minded married couple living at 530 Dover St. NE in Fridley. Our lot borders and shares a steep erosion-prone hillside to the south with lot #033024320043, which is believed to be currently owned by the city. We humbly submit this letter as a request to purchase lot #033024320043 at a fair market value, to pay ongoing real estate taxes for the lot, and to implement erosion protection measures while respecting and maintaining the land's natural state. We will not be seeking to build any structures on the land. The lot is landlocked with no road or trail access. From the city maps, the low-lying area appears to be non-buildable due to flood concerns from Springbrook Creek and the hillside area is non-buildable due to grade. The lot is thus of little or no use for development purposes. In its current state the lot contains tree debris that may pose a fire hazard, invasive plant species, and trees that appear to not have been properly treated for disease. We humbly submit these factors for consideration when determining the fair market value of the lot. We intend to be responsible stewards of the land and will set aside budget to pay for landscaping from qualified professionals to implement soil stabilization according to best practices. We are available to discuss this matter over the phone at 612-986-2746 (Justin's cell phone) and are happy to schedule a time to meet in person or participate in hearings. We appreciate your time and consideration. Sincerely, Natalie and Justin Chapweske Development Review Committee Worksheet y6f�-�y Address: Land Use Case: ZOA #05-01 ❑ Paul Bolin ❑ Scott Hickok ❑ Ralph Messer ❑ Kevin Hanson ❑ Dave Jensen ❑ Layne Otteson ❑ Rachel Harris Julie Jones ❑ Mary Smith ❑ Jon Haukaas ❑ Ron Julkowski ❑ Stacy Stromberg Planning Issues: ❑ Setbacks Engineering Issues: ❑ Lot coverage ❑ Drainage ❑ Allowable square footage ❑ Utilities ❑ Height Curbing requirements ❑ Landscape ❑ 1 Lab4-b oL a ❑ Hardship statement/narrative Fire Issues• ❑ Truck access Building Issues: ❑ Sprinkler requirements ❑ IBC o Hydrant location o ❑ Stipulations: I _ l Comments: C�E �n 7 - Name: Date: s- 3 �,S Development Review Committee Worksheet Address: Land Use Case: Z^" *os 04- ❑ Paul Bolin ❑ Scott Hickok ❑ Ralph Messer ❑ Kevin Hanson ❑ Dave Jensen ❑ Layne Otteson ❑ Rachel Harris ❑ Julie Jones ❑ Mary Smith ❑ Jon Haukaas ❑ Ron Julkowski ❑ Stacy Stromberg Planning Issues: ❑ Setbacks Engineering Issues: ❑ Lot coverage ❑ Drainage ❑ Allowable square footage ❑ Utilities ❑ Height ❑ Curbing requirements ❑ Landscape Cl ❑ Hardship statement/narrative Fire Issues: ❑ Truck access Building Issues: ❑ Sprinkler requirements ❑ IBC ❑ Hydrant location Stipulati ns: 12 A VO Arai CD c,_ U Yr 114 I Fr, s Comments: Name: Date: Development Review Committee Worksheet Address:- UPLand Use Case: ZOA #05-01 ��Z—Paul Bolin ❑ Scott Hickok ❑ Ralph Messer o Kevin Hanson ❑ Dave Jensen ❑ Layne Otteson a Rachel Harris ❑ Julie Jones ❑ Mary Smith ❑ Jon Haukaas a Ron Julkowski ❑ Stacy Stromberg Planning Issues: ❑ Setbacks Engineering Issues: ❑ Lot coverage ❑ Drainage ❑ Allowable square footage ❑ Utilities ❑ Height ❑ Curbing requirements o Landscape ❑ ❑ Hardship statement/narrative ❑ Fire Issues: ❑ Truck access Building Issues: ❑ Sprinkler requirements ❑ IBC ❑ Hydrant location ❑ o Stipulations: Comments: Name: Date: ��j�� Development Review Committee Worksheet Address: - n+ Land Use Case,�n- o� ' ❑ Paul Bolin ❑ Scott Hickok ❑ Ralph Messer ❑ Kevin Hanson ❑ Dave Jensen ❑ Layne Otteson ❑ Rachel Harris ❑ Julie Jones o Mary Smith ❑ Jon Haukaas ❑ Ron Julkowski ❑ Stacy Stromberg _Planning Issues: \ Setbacks Engineering Issues: pK Lot coverage ❑ Drainage vz( Allowable square footage ❑ Utilities IZ Height ❑ Curbing requirements .u-" Landscape ❑ Hardship statement/narrative l Fire Issues: ❑ Truck access Building Issues: ❑ Sprinkler requirements ❑ IBC ❑ Hydrant location Stipulations: Comments: Name: Date: Development Review Committee Worksheet Address: Avepjje Land Use Case: ZOA #05-01 ❑ Paul Bolin ❑ Scott Hickok ❑ Ralph Messer ❑ Kevin Hanson ❑ Dave Jensen o Layne Otteson o Rachel Harris ❑ Julie Jones ❑ Mary Smith ❑ Jon Haukaas ❑ Ron Julkowski ❑ Stacy Stromberg Planning Issues: a Setbacks Engineering Issues: o Lot coverage o Drainage ❑ Allowable square footage o Utilities o Height ❑ Curbing requirements o Landscape o o Hardship statement/narrative Fire Issues: o Truck access Building Issues: o Sprinkler requirements ❑ IBC o Hydrant location Stipulations: Comments: Name: C- - Date _S'� D� Develo m nt Review Committee Worksheet ? ' b , 4u Address: 711.0-7i-qOW-n u=@es—iA era � Land Use Case: ZOA #05-01 ❑ Paul Bolin ❑ Scott Hickok ❑ Ralph Messer ❑ Kevin Hanson ❑ Dave Jensen o Layne Otteson ❑ Rachel Harris ❑ Julie Jones o Mary Smith ❑ Jon Haukaas ❑ Ron Julkowski ❑ Stacy Stromberg Planning Issues: o Setbacks Engineering Issues: o Lot coverage o Drainage ❑ Allowable square footage o Utilities ❑ Height o Curbing requirements ❑ Landscape o ❑ Hardship statement/narrative ❑ Fire Issues: ❑ Truck access Building Issues: ❑ Sprinkler requirements ❑ IBC ❑ Hydrant location Stipulations: Comments: Name: Date:41�/),� DRC Meeting May 3, 2005 8:30 a.m., Room A AGENDA 1. 8:30 a.m. - John Seward from Animal Humane Society of Minnesota will be conducting a training session on staff awareness with Pit Bulls 2. 9:00 a.m. - Rear yard setback variance request to build a deck at 40 Rice Creek Way 14 /S_ fs 3. 9:30 a.m. - Preliminary plat for the Van Auken Addition on 73 1/2 Way to build two new duplexes Z � � Signed: � Date: DRG Meeting May 3, 2005 8:30 a.m., Room A AGENDA 1. 8:30 a.m. - John Seward from Animal Humane Society of Minnesota will be conducting a training session on staff awareness with Pit Bulls 2. 9:00 a.m. - Rear yard setback variance request to build a deck at 40 Rice Creek Way 3. 9:30 a.m. - Preliminary plat for the Van Auken Addition on 73 1/2 Way to build two new duplexes f �oSigned. . 11-0 Date: DRC Meeting May 3, 2005 8:30 a.m., Room A AGENDA 1. 8:30 a.m. - John Seward from Animal Humane Society of Minnesota will be conducting a training session on staff awareness with Pit Bulls 2. 9:00 a.m. - Rear yard setback variance request to build a deck at 40 Rice Creek Way 3. 9:30 a.m. - Preliminary plat for the Van Auken Addition on 73 1/2 Way to build two new duplexes Signed: Date: DRC Meeting May 3, 2005 8:30 a.m., Room A AGENDA 8:30 a.m. - John Seward from Animal Humane Society of Minnesota will be conducting a training session on staff awareness with Pit Bulls %9. 9:00 a.m. - Rear yard setback variance request to build a deck at 40 Rice Creek Way 3. 9:30 a.m. - Prelimi ,,��� at for the Van Auken Addition on 73 1/2fOuild two new duplexes Signed: � ,� Date: 5 -Tv DRC Meeting May 3, 2005 8:30 a.m., Room A AGENDA 01. 8:30 a.m. - John Seward from Animal Humane Society of Minnesota will be conducting a training session on staff awareness with Pit Bulls 02 9:00 a.m. - Rear yard setback variance request to build a deck at 40 Rice Creek Way no'ies o v. SL,.' - 3. 9:30 a.m. - Preliminary plat for the Van Auken Addition on 73 1/2 Way to build two new duplexes Signed: Date. r DRC Meeting May 3, 2005 8:30 a.m., Room A AGENDA 1. 8:30 a.m. - John Seward from Animal Humane Society of Minnesota will be conducting a training session on staff awareness with Pit Bulls 2. 9:00 a.m. - Rear yard setback variance request to build a deck at 40 Rice Creek Way 3. 9:30 a.m. - Preliminary plat for the Van Auken Addition on 73 1/2 Way to build two new duplexes Signed: ` Date-5l DRC Meeting May 3, 2005 8:30 a.m., Room A AGENDA 1. 8:30 a.m. - John Seward from Animal Humane Society of Minnesota will be conducting a training session on staff awareness with Pit Bulls 2. 9:00 a.m. - Rear yard setback variance request to build a deck at 40 Rice Creek Way 3. 9:30 a.m. - Preliminary plat for the Van Auken Addition on 73 1/2-oto build two new duplexes Signed: 4 _ Date: DRC Meeting May 3, 2005 8:30 a.m., Room A AGENDA 1. 8:30 a.m. - John Seward from Animal Humane Society of Minnesota will be conducting a training session on staff awareness with Pit Bulls 2. 9:00 a.m. - Rear yard setback variance request to build a deck at 40 Rice Creek Way 3. 9:30 a.m. - Preliminary plat for the Van Auken Addition on 73 1/2 Way to build two new duplexes Signed: C.._ Date: S�- 3 - () 5— City of Fridley Land Use Application PS-05-03 June 23, 2005 GENERAL INFORMATION SPECIAL INFORMATION Applicant: SUMMARY OF REQUEST Timothy Van Auken Timothy Van Auken,petitioner, seeks to replat and 1475 73rd Ave NE subdivide the properties located at 1475 73rd Ave NE Fridley, MN 55432 and 1485 73rd Ave NE for the purpose of building two Requested Action: (2)twin homes. Replat of two multiple unit residential lots to accommodate two twin homes. SUMMARY OF ANALYSIS Existing Zoning: City Staff recommends approval of this plat request, with stipulations: R-3 Multi-Family Residential . Petitioner shall obtain all necessary permits prior to Location: construction. 1475 73`d Ave NE and • Any remaining debrisfrom demolition of existing 1485 73rd Ave NE structures and any brush piles on site shall be Size: removed prior to granting offinal plat. 20,821 square feet .50 acres . Grading and drainage plan to be approved by City's Existing Land Use: engineering staff prior to the issuance of any 1475 73`d Ave NE--Single Family building permits, in order to minimize impacts to the 148573 d Ave NE—Single Family surrounding properties. Surrounding Land Use &Zoning: • Provide proof that any existing wells or individual N: R-1 Single Family sewage treatment systems located on the site are E: R-1 Single Family properly capped or removed. S: 73rd Ave NE and Heavy Industrial . During construction, silt fencing shall be used W: R-3 Multiple Unit Residential where applicable. Comprehensive Plan Conformance: • Petitioner to pay required park fees of$3,000($750 Proposed use is inconsistent with Plan. x 4)prior to issuance of building permits. Zoning Ordinance Conformance: • Petitioner to pay all water and sewer connection Multiple dwelling complexes, including rental fees, including sanitary sewer extension. and condominium apartments, are a permitted . The petitioner shall agree to preserve mature trees use in R-3 zoning districts. to the extent possible. All trees required to be Zoning History for 1475 & 1485 -73rd Ave NE: removed for the new homes shall be marked and • 1951 —Both parcels platted. approved by City staff prior to issuance of building • 1951 —Building permit issued for homes. permits. • 1955—Building permit issued for garages • Twin-homes shall meet all parking requirements. • 1971 —Building permit for garage at 1475. • Add appropriate address and marking requirements Legal Description of Property: per Fire Code Lot 27/29, Aud. Sub. #129 • The petitioner shall agree to the terms of a Public Utilities: development agreement that shall be prepared by Located near property. Sanitary sewer extension City staff and approved by the City Council is necessary. simultaneous with their final plat approval. Transportation: City Council Action/60 Day Date Twin homes will be accessed by 73 %2 Ave. City Council—June 13,2005 Physical Characteristics: 60 day Date—June 27,2005 Relatively flat, grass covered lot with mature Staff Report Prepared by: Julie Jones trees and some shrubs. 17 PS #05-03 — Van Auken Plat Project Summary Timothy Van Auken,petitioner, seeks to replat and subdivide the properties located at 1475 73rd Ave NE and 1485 73rd Ave NE. to allow the creation of two new multi-unit lots. Petitioner plans to build two new twin homes on the newly created parcels. The property as existing contains a residential single family home on the southern end of each lot with the northern ends undeveloped. Mr. Van Auken proposes to building the new homes on the northern portion of the lots at 1475 and 1485 73rd Avenue. The current zoning is R-3. The petitioner proposes no changes to the current zoning. ; ,, Ot9Ot4DAGA S _ T Z M � a M }CA ,r>4.../4.�...,zoy`...:.11:B. .,&. Zoning map of area surrounding proposed plat Analysis Per zoning code Section 205.09.3.B(3) for R-3: • "Lot requirements of this Section are for three (3) or more dwelling units. Two-family dwellings in this district shall be subject to the R-2 District regulations and one-family dwellings shall be subject to the R-1 District regulations." Fridley requires that lots in the R-2 district be a minimum of 75' in width with a minimum total lot area of 10,000 square feet. • The proposed Lots#1 &2 will be 82.5' in width and 10,781 square feet in size after the replat. • The proposed Lots#3 &4 will be 82.5' in width and 10,690 square feet in size after the replat. The minimum lot area requirement of 10,000 square feet for a two-family dwelling unit has been met on the proposed plat. 18 � n Ariel map of the area surrounding the proposed plat The newly created home sites would obtain access off of 73 %2 Avenue. A minimum of 25' in street frontage is provided for access. The petitioner has obtained written agreement (enclosed) from the property owner at 1476 Onondaga Street to provide an easement to the City for roadway access across her property. This will allow access to both the proposed lots and will allow access to 1476 Onondaga, if the owner chooses to subdivide her property in the future. The proposed new homes meet all of the necessary setback requirements for R-2 zoning, which is the guideline the City uses when two-unit dwellings are being constructed in an R-3 zoning. The front, side, and rear yard setbacks are all being met for each proposed lot on the plat. The amount of lot coverage for the building footprints on Lots 1, 2, 3, and 4 ranges from 23.8 - 24.1%. Up to 30% would be permitted, so the proposed redesign of the plat still meets the lot coverage and set back requirements. All necessary utility and drainage easements are also provided for on the plat. As subdivided in the proposal only an attached single family home would be permitted on each of the four lots, since the lot is too small to stand independently for other R-3 uses. Comprehensive Plan Amendment The future land use map in the City's Comprehensive Plan lists 1475 and 1485 73rd Avenue as zoned R-1, single family housing. This is due to the fact that at the time of creation on the plan, single family housing was the use for the property, and the use was not expected to change. However, the property has always been zoned R-3, multi-family residential and the property owner has the legal right to use it as such unless the zoning is changed. If the plat is approved, the City will need to process a Comprehensive Plan Amendment to maintain the current zoning. Access The plat is designed to provide access for the new homes off of an extension of the dead end cul-del- sac on 73 %2 Avenue. The Petitioner has obtained an easement from the adjoining property owner on 19 1476 Onondaga Street to allow extension of the dead end access to the new homes. Staff and the property owner at 1479 — 73 % Way would prefer, however, to see a cul-de-sac at the end of the new street extension. This would allow for a more safe service access to the new homes. Staff Recommendation City Staff recommends approval of this plat request, with stipulations. • Does provide additional homeownership opportunities for Fridley residents. Stipulations City Staff recommend that the following stipulations be placed upon approval of this request: 1. Petitioner shall obtain all necessary permits prior to construction. 2. Any remaining debris from demolition of existing structures and any brush piles on site shall be removed prior to granting of final plat. 3. Grading and drainage plan to be approved by City's engineering staff prior to the issuance of any building permits, in order to minimize impacts to the surrounding properties. 4. The petitioner shall provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. S. During construction, silt fencing shall be used where applicable. 6. Petitioner to pay required park dedication fees of$3,000 prior to issuance of building permits. 7. Petitioner to pay all water and sewer connection fees, including sanitary sewer extension. 8. The petitioner shall agree to preserve mature trees to the extent possible. All trees required to be removed for the new homes shall be marked and approved by City staff prior to issuance of building permits. 9. Twin homes shall meet all parking requirements. 10. Add appropriate address and marking requirements per Fire Code. IL The petitioner shall agree to the terms of a development agreement that shall be prepared by City staff and approved by the City Council simultaneous with their final plat approval. 12. The petitioner shall file a perpetual easement for access to Lot I on the records of Lot 2 and a perpetual easement for Lot 4 on the records of Lot 3. 20 From: Timothy J. Van Auken 1475 73rd Ave. NE Fridley, MN 55432 To: Marijane Hanson 1476 Onondaga St. NE Fridley, MN 55432 This agreement is subject to the approval of the preliminary plat by the City of Fridley's City Council. The undersigned, Marijane Hanson, single, hereby agrees to give an easement to the City of Fridley for roadway, drainage and utility purposes over, under and across: The South 25.00 feet of the East 55.00 feet of Lot 26, AUDITOR'S SUBDIVISION NO. 129, Anoka County, Minnesota, As shown on attached Certificate of Survey. ij he Hanson D e 104 Plat Request #05-03 June 1,2005 Petitioner: Timothy Van Auken 1475 731d Avenue NE The Request The petitioner,Timothy Van Auken,who resides at 1475 73,d Ave. is requesting approval of a preliminary plat for his property located at 1475 & 1485 731d Ave. to allow construction of two new twin homes. ..... ...... ...... , o. ..ett. d'i �zF F 1 fl1 Proposed Project r. >-Petitioner seeks to subdivide 1475 & 1485 731d Ave lots in half to created two new ..3 buildable lots on the northern portion Purpose of plat is to allow creation of two QMO new twin homes or four new housing units �, � tD.r ➢The properties are zoned R-3, multiple unit /* residential M1 Analysis Analysis, continued Proposed lots meet min lot width of 75' Lot coverage is shown as 25%, which is and lot size of 10,000 sq. ft. for 2 unit below min 30% buildings ➢All necessary utility/drainage easements New twin homes can meet all necessary are provided on plat setback requirements ➢Proposed lots would be too small for R-3 uses 2 Analysis- Comp Plan Analysis — Access Continued R-3 zoning is inconsistent with ➢Plat proposal submitted included City's Comprehensive Plan extending access from the 73 '/i Avenue City should complete a minor cul-de-sac to 10'within back of 1475 73rd Comprehensive Plan amendment, lot continuing R-3 zoning if plat is approved ➢Another access design option would include moving the cul-de-sac west 3 Staff Recommendation Stipulations Staff recommends approval of Plat PS i. Petitioner shall obtain all necessary permits #05-03: prior to construction. . Provides additional home ownership 2. Any remaining debris from demolition of opportunities existing home and any brush piles on site shall be removed prior to granting of final plat. with the following stipulations: 3. Grading and drainage plan to be approved by City's engineering staff prior to the issuance of any building permits,in order to minimize impacts to the surrounding properties Stipulations, cont. Stipulations, cont. 4. The petitioner shall provide proof that any 7. Petitioner to pay all water and sewer existing wells or individual sewage connection fees,including sanitary sewer treatment systems located on the site are extension. properly capped or removed. 8. The petitioner shall agree to preserve mature 5. During construction, silt fencing shall be trees to the extent possible. All trees required g 9 to be removed for the new homes shall be used where applicable. marked and approved by City staff prior to 6. Petitioner to pay required park dedication issuance of building permits. fees of$3,000 prior to issuance of 9. Twin homes shall meet all parking building permits. requirements. 3 Stipulations, cont. 10.Add appropriate address and marking requirements per Fire Code. 11. The petitioner shall agree to the terms of a development agreement that shall be prepared by City staff and approved by the City Council simultaneous with their final plat approval. 4 Printable Map of the City of Fridley Page 1 of 1 5/26/2005 City of Fridley Legend Reference R11 . R12 R8 B 3 , r � 2 ..... �t Scale o� 0 0.02 6.04 mi N DISCLAIMER:This map is neither a legally recorded map nor a survey and is not intended to be used as one.USE AT YOUR OWN RISK! http://www2.ci.fridley.mn.us/cgi-bin/mapserv.exe?map_reference_status=on&mapsize=640+6... 5/26/2005 Printable Map of the City of Fridley Page 1 of 1 5/26/2005 City of Fridley Legend Reference { R11 m _. Al2 7 z`, 7425 One Fanily Unit Q Tuo Fanily Unit General Multiple Units � — Mobile Hone Parks ONONDAGA ST Planned Unit Developnent Tari, lic z Hyde Park Neighborhood m 7385 ® Redevelopnent District ;fit'. m Heavy Industry 7371 l Z' Q Local Business 7350 7355 ® General Business General ShoppingD 7345 General Office m y Scale w 7343 _ - - F-1 Light Industrial a� f Heavy Industrial _ 0 0.02 0.04 mi Outdoor Intensive U d Manufacturing u E::] Railroad A' Public Facilities fd 'I Hater l-7 Island E::] Right of May DISCLAIMER:This map is neither a legally recorded map nor a survey and is not intended to be used as one.USE AT YOUR OWN RISK! http://www2.ci.fridley.mn.us/cgi-bin/mapserv.exe?map_reference_status=on&mapsize=640+660&map=./mapping/power/Fridley_j... 5/26/2005 HM -2000 - USA- 1 151 - 015 �! �,,. 'pe � 1 2' �, }�' ''»• � sins x K ev � x :i...a•. ate» } !^ w now I �k � Ss r ' S"',-�-+!' � 4,$# ",�.�Iftl111/iMllll�ti� / ":�+ki Y-' •. w � ;..¢!YP f 8 a tay e WINDOWS Scale 1:600 X, s N i a , IK r Z• Crc. ✓jam �w��a^ ,� -lam p,er ure T ki, r y'„tits 4 4,."6 94.6 N lJJ �ZC GS o t r. h �� 2 , .3W �2 ul ro 77 F: 41 0 ———--—————————--j rn 6A 1. .61 jA is N HY- ND SURVEYING , P .A. LAND SURVEYORS INVOICE NO. 28715-2 8700 Jefferson Highway F.B. NO. }� Osseo, Minnesota 55369 SCALE 1"= 40' W '($ E PHONE (763)493-5761 FAX (763)493-5781 S uruPgurs tapr�ifirtttP TIM VANAUKEN ONONDAGA STREET 110.00 EXISTING LEGAL DESCRIPTION Lot 26, AUDITOR'S SUBDIVISION No. 129, Anoka County, Minnesota. PROPOSED ROADWAY DRAINAGE AND UTILITY EASEMENT an easement for roadway, drainage and �o utility purposes over, under and across bthe following described property: 19 The South 25 . 00 feet of the East 55 . 00 feet of Lot 26, AUDITOR' S SUBDIVISION No. 129, Anoka County, Minnesota. PROPOSED ROADWAY DRAINAGE do UTILITY EASEMENT, I � I � 55.0 \ i O�/ CQ PROPOSED CONCRETE CURB 110.00 I hereby certify that this survey 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 Minnesota. Signed Surveyed by us this 5th day of May 20 05 Milton E. Hyland, Mi g. No. 20262 r• t ti :r K a tx.r t r x ' . L�r . + G! / h LTJ iA .1 y,1 1! wtiii vt'}F '� i Ld b + RA1.1 �!t�R � • V x tai� F L 4 / PROPOSED'ROADWAY "`"� rt, s -1", r r ;• , `.i DRAINAGE �• UTIUTY'EASEMEN7� -eITUM Irlous CURB RIGHT OF WAY . p_� , DEDICATION �� 903.58 CONCRETE C 11-1 903.78 �,,CRETENG 903.58,,. 903 45 CONCRETE CU 1 ._.,._._.."..`�' �- water mob 165.00 S89'13'59" EDce MMous TOP-903.07PROPOSED - I I— � em . T�MANRO kO 903.52 903.43 f' • 1NV.-894.17 10.0 SAMTARY • 0 73 1/2 AVENUE NE , 90293 8" sanitary sewer hi - 0 73 1 2 N` 20 URB CUT 1 X903 --- -PROPOSEO__�_- -20' CURB WT N / DRAINAGE do I ETE CURB 1 UTILITY EASEMENT----- __ 41. i o 41.25 14` 41.25 I o 141.25 15 ID 10 10 DRIVE DRIVE i DRIVE DMVEj.:I I o) 1 i! tV 28 28 I I 28 28 1 N , PRO SED I I TsL 1 , 1 RESI NCE I I PROPOSED' RESI NCE — I 211 15 ��9� 1 .25` 15. 5 �, i } p i i LO1 I I 1 N 110 I LOT 110 10 (,MM�GE & ly g ( 1 z1— — — ' — — — L —EMENT -�.-= = :T. ; �'_ LOT 141.25 ,,� 41.25 41.25 e9 \ 41.25 ; N ' - LOT l / x61h 15 / 84.00 N 3.33'��; I .�81.UU \\ N PP 1 / LOT - - - - - - — - - �1. ..,_ �' LOT I T C -----1 2 '" / M 9 o �/ r) —7 "GAR. I ,.°0___1 .� M LOT L i 110 a.0 a 1 L 4 1 1 .� , — , 5 � �}s:9o: GAR. . . I 1 1 1 ` HSEcv .4 14 ^ I i �> 17_12 ��► 1 ' 21 i i =__ .� coNa I HSE. ' u I I SLAB I _21L45 f , ' � I Off' I � ' I • � � 1N 1 1 J O 1 HIGHWAY I ` — '�- F•- J ► �. 902--- �,• 1 N L� � 84.00 - 81:00 ` ` HYDRANT M CONCRETE CURB-- MM I 12' �A� T0m1 M C.S.A.H. f F < ,7 73RD AVENUE NE 8" sanitary sewer r N PRELIMINARY' PLAT z LA w �sIcVAN AUKEN ADDITION 0 0 30 s 60 90 CITY OF FR.IDLEY SCALE: 1 INCH = 30 FEET In u � E O c J CO 2 {i) ( c 2 Q F_ D- - <� D_ m S F_ U V (:) c m V Z PROPOSED ROADWAY DRAINAGE t U11U,Y EASUENTn, �� *mss�m \ O 0 RIGHT OF WAr DEDICATION OONO 6AW\ 0&w a7OStE GIS pyy Amob, 165.00 5899 V%Q - TOP-20&02 1 1 I W -ma v 0&v.-e941l "'" ' - sn.0 e•.a,;es7r 0&w Z n Sloj 1 -__ n trz ArEr,uE°"'NE _"--'-o - 73 1/2 AVENUE NE fN0'O>m__T-- - •QIIW q1i ry 1 I _-'�,ocE vAw EASEOIMIAt I06 TO O UUTEASEMENT—— 41. ___}1.25 I o 25 41.25 I o 41.25 — s r1 0 ` 2 0 for °D ` , 1O +-, �� 3� 4� FEE OWNER: N `_ �}-- l i I- -- =----1-- A--- _L I I ;°1 TIMOTHY J. VAN AUKEN t4AI s >. ; 1475 73RD AVE. N.E. FRIDLEY, MN 55432 ��vPRO SED aREST NCE a I a REST NCDE TOTAL AREA 11Ei 49,692 sq. ft.wr 1 I y T a 0&o n ts's 11 LOT ARE ZONING: aa i ' * I x ! ! 11u LOT 1 - 5.237 s ft. ��N °�' I 110 10�-0RA41AEtu S I C] q' SINGLE FAMILY RESIDENTIAL, R-3 a $ EAs22aR - LOT 2 - `,214 sq. ft. _ -- --- L_— -_ a. k1.25,.� 41.25 41.zs"� 4a.z :D LOT 3 - 5,191 sq. ft. BENCHMARK: 3$ W to I ;'n 84.00 0 1�-:.' �6,.bb `` « ' i LOT 4 - 5,169 sq. ft. 2 S�� ----_ - i TOP NUT OF HYDRANT AT �g ° IU; LOT 5 - 11,955 sq ft. SOUTHEAST CORNER OF LOT 29 R T'------�_---� OAR I DI 1 _ / R LOT 6 - 1:2,305 sq. ft. ELEVATION: 904.08 FEET I >r � 6 4 = i -E� 5 CAR., NOTE: e t a I 1.) ALL DISTANCES APPROXIMATE HSE.a� a i o I ( _ SUBJECT TO FINAL SURVEY n_i2 mIc i 2 HSE. 1 •� 2.) PROPOSED LOTS 1,2,3,4,5, AND 6, 1" _z1L4s _ 11 BLOCK 1, VAN AUKEN ADDITION A - - I I I I I � I I b i IIE "'o' c�0 "bA i WCHWAr I EA�'QllFl+r-i IO U 1�IJ ------- N `11 I I rr``', xx c� 1 i 1O I �`,1 J "'V E- 84,001 Ed 81.00 HYDRANT > Z O - - - - — - _ I , , 4100 m.oca NIF- 12• �z,,, �Q w� C.S.A.H. N0. 8 < < < < < < 73RD AVENUE NE ° Q o 1' z 0 CL N PRELIMINARY PLAT z ® DO w a, E VAN AUKEN ADDITION a s a' 0 30 60 90 CITY OF FRIDLEY SCALE: 1 INCH = 30 FEET i. n vi u 0 O 0 3 I:] Z L.JO o 4 CL - <C G w 0 m \ p Z PROPOSED ROADWAY / \ LJ f.J OIWNAGL t UTIUTY EASEWNTr \ i--904- O 0 y11A1lpp 011e IRGHT OF MY a,, r � 1 � �•IpRNIT DEDtcAn°N sun "w man 165.00 '13'59' -� - R IMv-�wa� > cQR1 wowmil 73 1/2 AVENUE NE 737 1/2 AVENUE NE ' N ID Z aNi O a unurr EA5E11lTIr----- - 41,25 0 4r1�.2EN5AQEAQ T� 41.25 0 41.25 �- — -- — — — — 0 r 1 } a' X 10 CIZI tO F-- -11- i I �1 \- _aoFanoy�g_= FEE OWNER: , W r \ TIMOTHY J. VAN AUKEN C`y n I t R moi\^ ✓✓ R 1 of 1475 73RD AVE. N.E. n n I I p•K I I c i I>wK I>AK I I FRIDLEY, MN 55432 r r I R I r ]� 1_ II ' ��• O L ' TOTAL AREA I a « PRO SED « I PRO OSED I I ap i REST NCE s T �RESI ENCE = I 49,692 sq. ft. $�Y LOT AREA'S: NIN �3 PP ' ` 1321 s >f 15.IS IN T II-zs 1 ' LOT 1 - 5,402 s ft. t.zs A-IeARA1Elu � I C] q SINGLE FAMILY RESIDENTIAL, R-3 -'" o u l n I EAg7ATT-�=�`=_a_);D I LOT 2 - 5,::79 sq. fL B L J '° 10 L_—�" a �� LOT 3 - 5„556 sq. ft. BENCHMARK: cc $� at. 5' ait25 4t.25 41 j -� LOT 4 - 5,.134 sq, ft. s O1 12 a 9x.00—� 9t.00_` o�PP �, ', ) TOP NUT OF HYDRANT AT � � 5�� —r— LOT 5 - 11:631 sq. ft. t,' SOUTHEAST CORNER OF LOT 29 GAR. LOT 6 - 11.969 sq. ft. ELEVATION: 904.08 FEET 3g y Isfl S 4 l. s SCAR 3' A NOTE: b F $ _ I I - 1.) ALL DISTANCES APPROXIMATE E �a¢ « HSE.` o I 11 i I > SUBJECT TO FINAL SURVEY n.1 r Y I a H� .� 2.) PROPOSED LOTS 1,2,3,4,5, AND 6, rn I G� ow _21 Las I , BLOCK 1, VANAUKEN ADDITION I I 'I A i I Lf) I is I g b } 1 +I-� l _II--_ dm rn J I I XV) �b I HIGHWAY EA$EyENT--<-T— C7 l(J O \I J 5 6 BENCHILAW C 84.0081 HYDRANT Q4> Z O - �X01 In n az a COHOKIC I1AF- ^ Ir aG]FPI.moi, to Z rn Q C.S.A.H. N0. 8 V' < < < < < < z 73RD AVENUE NE "Pry°'•• a oo a � coo I co z 0 m a CITY OF FRIDLEY PLANNING COMMISSION JUNE 1, 2005 CALL TO ORDER Chairperson Savage called the meeting of the Planning Commission to order at 7:30 p.m. ROLL CALL Members present: Diane Savage, David Kondrick, Leroy Oquist and Dean Saba Members absent: Brad Dunha Barbara J ns Larry K chle Others present: Juli Jones, Planning Coordinator S tt Hickok, Community Development Director APPROVE PLAN NG COMMISSION MINUTES — April 20, 2005 MOTION byC t/hempr�fl isioner Kondrick, seconded by Commissioner Oquist to approve the minutes o 20, 2005 meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. PUBLIC HEARINGS 1. Consideration of a Preliminary Plat, PS #05-03 by Timothy Van Auken to subdivide two multi-family lots, generally located at 1475 and 1485 73rd Avenue NE. MOTION by Commissioner Oquist, seconded by Commissioner Kondrick, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Jones stated the petitioner resides at 1475 73rd Avenue and is requesting approval of a preliminary plat for his property located at 1475 & 1485 73rd Avenue to allow construction of two new twin homes. The petitioner is seeing to subdivide 1475 and 1485 73rd Avenue in half to create two new buildable lots on the northern portion. The purpose of the plat is to allow the creation of two new twin homes or four new housing units. The properties are zoned R-3, multiple unit residential. CITY OF FRIDLEY PLANNING COMMISSION MEETING, JUNE 1, 2005 Page 2 of 17 Ms. Jones explained the proposed lots meet the minimum lot width of 75 feet and minimum lot size of 10,000 square feet for two unit buildings. The new twin homes can meet all necessary setback requirements. The lot coverage will be 25% which is below the minimum of 30%. All necessary utility / drainage easements are provided on the plat. The proposed lots would be too small for R-3 uses. However, if the two lots were combined into one parcel they would be large enough for a multi-family development similar to the one currently to the west of 1475 73`d Avenue. As for the Comprehensive Plan analysis, Ms. Jones stated the R-3 zoning is inconsistent with the City's Comprehensive Plan so a minor Comprehensive Plan amendment continuing R-3 zoning should be approved if the plat is approved. Ms. Jones stated the plat proposal submitted includes extending access from the 73 '/2 Avenue cul-de-sac to 10' within the back of 1475 73`d Avenue lot. Staff had considered that it would be appropriate to extend the cul-de-sac further west to the new end of the street. However, there are other property owners involved to the north of this proposed plat, so that's not something staff could stipulate as a requirement. One of the affected property owners approached staff this morning and indicated he is in favor of such a proposal. So the petitioner and neighbors are considering this and plan to have it resolved by the time it reaches City Council. Staff recommends approval of Plat PS #05-03 as it provides additional home ownership opportunities. Staff also recommends the following stipulations: 1. Petitioner shall obtain all necessary permits prior to construction. 2. Any remaining debris from demolition of existing home and any brush piles on site shall be removed prior to granting of final plat. 3. Grading and drainage plan to be approved by City's engineering staff prior to the issuance of any building permits in order to minimize impacts to the surrounding properties. 4. The petitioner shall provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 5. During construction, silt fencing shall be used where applicable. 6. Petitioner to pay required park dedication fees of $3,000 prior to issuance of building permits. 7. Petitioner to pay all water and sewer connection fees, including sanitary sewer extension. 8. Petitioner shall agree to preserve mature trees to the extent possible. All trees required to be removed for the new homes shall be marked and approved by City staff prior to issuance of building permits. 9. Twin homes shall meet all parking requirements. 10. Add appropriate address and marking requirements per Fire Code. 11. The petitioner shall agree to the terms of a development agreement that shall be prepared by City staff and approved by the City Council simultaneous with their final plat approval. Chairperson Savage asked if staff had received any comments from neighbors. CITY OF FRIDLEY PLANNING COMMISSION MEETING, JUNE 1, 2005 Page 3 of 17 Ms. Jones stated the only contact was from the owner of the property affected by the possible cul-de-sac extension. Commissioner Kondrick asked why the cul-de-sac has to be there when there is street access. Mr. Hickok stated it could happen either way but the preferred route would be to put the cul-de-sac at the very end of the drive which would allow for the elimination of people using private driveways to turn around. It also gives a more finished street. The city would also favor the cul-de-sac for snow removal concerns. Commissioner Oquist asked who would be responsible for the construction of the cul-de-sac. Mr. Hickok explained the developer would typically be responsible but this is an unusual situation. The other property owner affected talked to staff about moving the curb dimension down a couple of feet for the road would be perfectly centered and each would have the same amount of green space on the side of the road. That cost would be covered by this property owner. They're waiting for the pricing on this proposed extension. Commissioner Kondrick asked if the neighbors are agreeable to the proposal. Mr. Hickok stated the petitioner favors the dead-end rather than a cul-de-sac as he doesn't want to have his project held up if some of the neighbors oppose the cul-de- sac. He added that the fire department has viewed this proposal and they would favor the cul-de-sac. The design expectations don't need to be as great with only 5 homes taking access from the cul-de-sac. What is shown is only half of a typical right-of-way. Tim VanAuken, 1475 73rd Av. NE, the petitioner for this proposal was present and offered to answer questions. Commissioner Kondrick asked if Mr. VanAuken understands and agrees with all the stipulations recommended by staff. Mr. VanAuken responded affirmatively. He commented that Mary Jane Hanson, the property owner north of 1475, has indicated that she is not in favor of having the cul- de-sac in her back yard. Ms. Hanson has granted a 25 x 55 foot easement to Mr. VanAuken but she is not interested in losing that much of her property for the cul-de- sac. He stated he wants to work with all his neighbors and create a very nice development. Commissioner Kondrick asked how much more property would be required from Ms. Hanson for the cul-de-sac. CITY OF FRIDLEY PLANNING COMMISSION MEETING, JUNE 1, 2005 Page 4 of 17 Mr. VanAuken believed the easement would have to double in size. Mr. Hickok stated the City Engineer determined that an additional 900 square feet would be required for the cul-de-sac. Pam Reynolds, 1241 Norton Av., stated the majority of that neighborhood is shown as single family residential in the Comprehensive Plan. She stated the inconsistency is the zoning, not the usage. Mr. Hickok stated as far back at the mid 80's this property was zoned R3 Multi- family. Staff double checked the zoning against the 1986 map and the zoning was R3. Ms. Reynolds commented that there is an ordinance requiring to make sure zoning is correct and she believed the "three little blurbs of R3" constitutes spot zoning. Mr. Hickok stated there is no requirement that the zoning be changed to match the Comprehensive Plan. Recently City staff brought a similar situation to the Council's attention and the Council did not want to do a wholesale rezoning of inconsistencies but preferred to look at projects as they came in. As far as spot zoning, this property is already zoned Multi-family and it's adjacent to like zoning. The zoning is correct for this proposal. Sue Sherek, 1530 73 '/2 Av NE, stated that there is single family homes along 73 1/2 Av. and residents have been told that it would always be characterized that way. They were also told that if there were plat divisions done, they would be single family facing 73 1/2 Avenue. None of the apartment buildings along 73 Avenue enter onto the cul-de-sac at any point. Putting doubles on this property would change the character of the neighborhood. She added that she was present in 1986 when the Comprehensive Plan was made and it was intended that the single family neighborhoods stay single family. John Jackels, 1 479 73 1/2 Av NE, stated that two double homes accessing the street in front of their home would be the least desirable. He stated he is a traffic operations engineer and a lot of the concerns he has are with the street design. The first issue is the center line of the street should be on the property line. He would like to look at the option of moving the curb back knowing that the expense would be theirs. He is not in favor of having the dead end as he already has problems with people backing into his driveway to turn around. The best thing is for the cul-de-sac to go in but the size should be considered. Another consideration is the drainage because the nearest drain is almost 500 feet to the east of this location. He was concerned that putting two units on these lots would result in four double garage doors which he believes will change the nature of the property. He is concerned about how the double homes will appear from the street because their home faces the petitioner's property. He also stated he believes the announcement regarding CITY OF FRIDLEY PLANNING COMMISSION MEETING, JUNE 1, 2005 Page 5 of 17 this proposal that went out to property was too brief and did not contain enough details. Commissioner Kondrick questioned the suggestion Mr. Jackels made regarding reducing the circumference of the cul-de-sac. Mr. Hickok stated it is possible to reduce the size but the question is whether or not that would be acceptable for snow removal and fire vehicles. The standard for cul- de-sacs is to build them with the 50 foot radius to the outside of the right-of-way and the 40 foot cul-de-sac. To build a cul-de-sac less than standards creates problems and the Council has taken a strong position in the past to not vary those standards. Jerry Sherek, 1 530 73 1/2 Av NE, questioned if the plows and fire equipment can handle a dead end, why they couldn't handle a reduced radius cul-de-sac. Mr. Hickok responded they do have a cul-de-sac that exists at the end of 73 1/2. What is being considered is a cul-de-sac that would be moved back in lieu of that cul-de-sac. It would be preferable to put a cul-de-sac rather than a dead end street. One of the affected property owners wants to evaluate whether the cul-de-sac would limit her ability to develop her property and she will get back to City staff prior the Council meeting when this matter will be discussed. Mr. Hickok further stated that the petitioner has R3 zoned property adjacent to a public right-of-way and by law he can ask the City to improve that right-of-way and to develop his property. Commissioner Saba asked Mr. Sherek if he would prefer a cul-de-sac. Mr. Sherek responded that traffic going into a dead end street then backing up is a problem. Also the cars parked along the right-of-way would increase with the additional buildings which would be a hazardous situation without a cul-de-sac. Mr. VanAuken, petitioner, stated there are five double bungalows in that neighborhood already. What he's planning to construct is twin homes which would be owner occupied and he will be living in one of the units. He added that he's lived on this property over ten years and in that time he's had many offers from developers to build multiple unit building, but he wanted to keep the property and develop it himself. He also stated he does not believe adding four homes will dramatically impact traffic in the neighborhood. He explained he spoke to Ms. Hansen and she is not in favor of the cul-de-sac but she does plan on being present at the Council meeting. Mr. Jackels stated the homes Mr. VanAuken is proposing will increase traffic because he will be increasing the housing units. The street in front of his home is a dead end street with little or no traffic so he would prefer the reduced radius cul-de- sac. A 40 foot radius cul-de-sac would make it necessary to move the fire hydrant on his property. CITY OF FRIDLEY PLANNING COMMISSION MEETING, JUNE 1, 2005 Page 6 of 17 ' MOTION by Commissioner Kondrick, seconded by Commissioner Saba, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Chairperson Savage asked if there will be opportunity for discussion on this matter at the Council meeting. Ms. Jones responded that Council will hold a public hearing. Mr. Hickok stated that because this is a "new wrinkle" for City staff, they will do an analysis before it gets to the City Council. The Planning Commission can simply pass along a recommendation to the Council. He added that either street design will work and the "new wrinkle" would be that the cul-de-sac would be the recommendation by the time it goes to the City Council. Commissioner Kondrick stated he has no problem with the petitioner's proposal but he does have concerns about the street. Commissioner Saba also had concerns about the street. Commissioner Oquist stated he has problems with the two twin homes in a residential area but without the extension of the cul-de-sac he does not see how this proposal would work. He added that he's willing to vote for it to move it on to City Council but he does have some reservations. Chairperson Savage pointed out that the Commission must consider that the property does meet all the zoning requirements. Commissioner Oquist stated that would be the only reason he would vote for this proposal because the property is zoned R3, but he strongly believes that if the cul-de- sac isn't extended the property can't be developed even with single family homes. Commissioner Saba commented that the Council needs to look at the zoning issue. He also stated there should be a strong recommendation from this Commission to the Council regarding the street. Commissioner Oquist stated there seems to be a lot of things that need to be worked out, as Mr. Hickok explained. Before this came to the Commission, those matters should have been decided. MOTION by Commissioner Kondrick, seconded by Commissioner Saba seconded, to recommend approval of PS #05-03 with the stipulations recommended by staff and to strongly urge the City staff to come up with a workable cul-de-sac if this development occurs, and to have the Council review the R3 zoning. CITY OF FRIDLEY PLANNING COMMISSION MEETING, JUNE 1, 2005 Page 7 of 17 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. Consideralon of a rezoning, ZOA #05-02, by Family Lifestyle Developme t Corporation to rezone the property from C-1, Local Business, 2, General Business, and R-1 Single Family to S-2, Redevelopm nt District, generally located at 1314 and 1340 Mississippi Street and 64 1, 6441, and 6461 Central Avenue NE. 3. Consideration of a preliminary plat, PS #05-02, by Family Lifestyle Development Corporation to create one parcel out of five, generally located at 1314 a d 1340 Mississippi Street and 6421, 6441, and 6461 Central Avenue MOTION by Commissioner Kondrick, seconded by Commissioner Oquist, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Jones stated the petitioner, John DeMello, is requesting a rezoning of five lots to S- 2, which are located at 1314 & 1340\,Mississippi St. and 6421, 6441, and 6461 Central Avenue. The petitioner is also reque> ting approval of a preliminary plat for the same property to allow construction of a misted use development. The proposed project is a 3 story Italian Villa styled mixed use development with 10,492 square feet of retail space on the lower level at the corner of Mississippi and Old Central, and 70 senior condominium units in the bulk of the development. The 1, 2 and 3 bedroom condo units would be owner-occupied and have and rground parking. Access to the complex would be taken directly across from the anticipated Town Center development on Central and on Mississippi. Ms. Jones explained the petitioner brought forth a different proposal in 2004 for a larger development and that was denied. The 20 proposal denial revolved around concerns about density, traffic on 64th Avenue, limited snow storage and landscaping opportunities. This proposal differs from the �itial one in that there are not two separate parcels; retail and housing are in the same building. Also the current proposal does not include the three properties on 64th Avenue, in�ludes less retail space, is 3 stories high instead of 4 and has 20 less condominium unit As far as the rezoning analysis, Ms. Jones explained the five parcels involved have a mixture of zoning classifications — C1, C2 and R1. 6441 and 642 Central has split zoning (Cl and R1). The rezoning to S2 makes it ossible to have a mixed use development with retail and housing combined in o e development. Ms. Jones stated the S2 zoning requires the site to have a Master Plan approved by the City. The site plan becomes the Master Plan. Any modifications to the site plan CITY OF FRIDLEY PLANNING COMMISSION MEETING, JUNE 1, 2005 Page 8 of 17 following Council approval must be brought back to the Council for approval. The HRA also needs to review the redevelopment Master Plan which they are scheduled to do at their June 2"d meeting. With regards to the rezoning as it rlates to the Comprehensive Plan, Ms. Jones explained this rezoning is consiste t with the Comprehensive Plan. The proposed retail / housing complex meets several o jectives of the Comprehensive Plan: • Provides more efficient land se. • Provides opportunity for seni r housing. • Provides added tax base and new jobs. Ms. Jones further stated this propos also helps achieve the Comprehensive Plan's goals for this corner. Ms. Jones explained that the petitione had a housing market study done in 2003 which was then updated in 2004 and 2005. is study indicated that senior housing was the best market for this site and that a mark t exists for 70 units, even with the Town Center development across the street. Update figures indicate possible retail prices ranging from $156,000 to $279,000 depending o the size of the unit. This plat, Ms. Jones stated, would consoli ate 5 parcels into one. Although the rezoning request is for S2, the site has be planned according to C2 General Business for the retail segment and R3 General Multi le Unit Housing regulations for the housing segment of the development. Ms. Jones explained the retail area will includ 10,492 square feet and meets the speculative parking requirements (if proof ofp rking is included) with 46 stalls provided plus proof of parking for 8 additional stalls. Th proposal is short of meeting the necessary parking setbacks due to the extensi right-of-way that the County is taking on the north and west side for potential future wi ening of Mississippi Street and Old Central. On the north side, their setback is 14 fe t rather than the required 20 feet. They are meeting the lot coverage requirement at 28% which is below the lot coverage limit of 30%. For the housing portion of this development, Ms. Jo es stated there will be 120,199 square feet of housing with three floors. The 70 con o units require 129 parking spaces if the building were market. If classified as an assiste living facility, only 70 parking spaces would be required. Staff thought this facility fa s somewhere between those requirements. The petitioner is providing 110 enclosed arking spaces with 122 parking spaces total so they're only 7 short of what would be re ired for a market rate multi- family development. Staff is comfortable with the amoun of parking they're providing for the housing portion of the building. They are meeting t�e setback requirements on the south, east and west sides of the building. Ms. Jones stated there is some difficulty with the landscaping portion of the plat. They have met the requirement for the number of coniferous trees. They're required to meet Preliminary Plat #05-03 Timothy VanAuken 1475, 1485 73rd Ave NE The petitioner proposes to subdivide two large lots into four or six lots and build two twin homes on the northern lots on the property, leaving the existing single family residences on the southern lots. To provide access,he proposes to extend the dead-end street, and widen it from 17 feet to 30 feet. We, as neighbors who will be directly impacted by the proposal,have specific concerns which we have addressed to staff and the Planning Commission. Our concerns have not been adequately addressed to date. First request to the Council: Resolve the conflict between the current zoning for the property and the desired usage shown in the 2001 Comprehensive Plan. • The present zoning for the property is R-3, Multi-family Residential. • The existing use of the property, as shown in the 2001 Comprehensive Plan, and historically since initial construction in 1951, is single family residential. • The 2020 Future Land Use for the parcel, as shown in the 2001 Comprehensive Plan, is Single Family Residential. • The same plan also cites the need to identify additional parcels for single family residential construction, and for move-up housing. • In their report to the Planning Commission, staff stated, "R3 zoning is inconsistent with the Comprehensive Plan." • The west cul-de-sac on 73 %z Avenue NE,where the proposed lots will face, is zoned Rl and.-contains eight single family residences, each on lots of at least 10,000 square feet. • The-'proposed plat specifies twin homes, or single family attached homes, to be placed on lots of just over 5000 square feet each. • At the-public hearing before the Planning Commission on June 1, 2005, staff stated in their report that the proposal was to create"two new buildable lots on the northern portion of the property", and that the lots "meet the minimum lot width of 75 feet"and the "minimum lot size of 10,000 square feet. " We believe this was deliberately misleading to the commission and the audience since the proposed lots are in fact 41.25 feet wide and between 5100 and 5300 square feet each in area. • At the public hearing on June 1, 2005, the Planning Commission instructed staff to request that the Council review the R3 zoning. This statement was not included in the staff report to the City Manager,where it was simply noted that the Commission's vote was unanimous. • Staff points to the multi-unit apartment building on the property to the west of the subject parcel in an effort to support the multi-family zoning,but this property is completely fenced off from access to 73 V2 Avenue, and has its access solely via 73rd Avenue. The occupants and traffic have virtually no impact on the properties on 73 %i Avenue. We request that the Council take action as necessary to bring the zoning into compliance with the Comprehensive Plan, designating the lots as RI Single Family Residential. This will meet a second goal of the plan, to provide lots for single family residential construction, and preserve the character of the neighborhood as it presently exists. Prepared by Sue S.berek(763-784-6444)and Jon Jack.els(7Ci3-780-&413) :tune,2005 Second request to the Council Direct staff and the developer to develop their plan to place a cul-de-sac at the end of the extended city street, instead of the dead end as currently proposed. • Staff analysis indicates that a cul-de-sac cannot be constructed and still leave buildable lots for the petitioner, yet the drawing presented to the Planning Commission had one drawn in. In addition, since the petitioner owns the property to the south of the proposed parcels,he has the option of altering the plat lines in such a way as to create more equal north-south division of the property, thereby permitting development of the property including addition of a proper cul-de-sac. We've brought one example of a cul-de-sac which provides for an area of 10,000 square feet and 75 foot lot width for both lots. This could even more easily be done for a single family lot,which requires minimum area of 9,000 square feet. • The zoning code, at 211.07.12,provides for dead-end or cul-de-sac streets to have"a turn around at the closed end having property line and curb-line diameters of not less than 100 feet and 80 feet respectively". It is the responsibility of city staff to try to make this use conform to the ordinance. • Staff stated at the Planning Commission meeting that a precedent was set as a 125 foot long, seventeen foot wide"half street"was constructed when a single lot to the north was subdivided in 1986. No one determined the history behind that action. That unusual extension occurred in anticipation of further subdivision by other property owners along 73rd Avenue to the south and/or Onondaga Street to the north.The intent was that the road would eventually end at the last property developed or go all the way through to intersect with Hayes Street. The original curbing on the existing cul-de-sac was done with bituminous in anticipation of future development. Previous development west of Mr. Vaquken's property prevents the through street option,but a proper cul-de-sac is still possible. • Members of the Planning Commission, in discussing the proposal, stated they"could not vote.for this proposal with the dead-end option". In voting to send the matter forward to the City Council, they added that"we strongly urge staff to work out a cul-de-sac option". This detail was not included in the staff recommendation to the City Manager in preparation for the council meeting. • Staff stated they"plan to have suggestions resolved by the time this reaches council,"but no such plan has been shared by staff with the neighbors who called to address the issue with staff after the meeting. If a development proposal goes forward for this property, we request that the Council direct staff to work with the petitioner to develop a working cul-de-sac proposal. We oppose extension or expansion of the existing dead-end street, which will become more problematic with the addition of several additional driveways having access. Prepared by Sue Sbe Tek(76.3-784-6444)acid Jori Jackel5(763-780-8413) June 121,2U05 38 AGENDA ITEM CITY COUNCIL MEETING JUNE 13, 2005 CrFY OF FRIDLEY Date: June 8, 2005 To: William Burns, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Coordinator Rachel Harris, Environmental Planner Subject: Preliminary Plat Approval — Pertaining to Plat Request PS #05-03, 1475 and 1485 — 73rd Avenue N.E. M-05-45 INTRODUCTION Tim Van Auken, 1475 73rd Avenue N.E owns both 1475 and 1485 -73rd Avenue and has requested a re-plat of his property to allow a total of 6 lots, 2 to allow the existing homes to remain along 73rd and the remaining 4 lots would to allow two sets of two twin homes, or a total of 4 twin homes that would face a 73 1/2 extension. The current zoning on this property is R-3, Multiple Family Residential. Right of way currently exists adjacent to the site and the developer has proposed dedication of additional right of way to allow ease of access to the 4 proposed new homes. ISSUES Ideally, a plat such as this proposed would be on a through street or a cul-de-sac. This right-of-way is unique. The die was cut years ago when the right of way was extended past the cul-de-sac and the then end of 73 1/2 Way. A curb, gutter and half of a street were installed. The surrounding land owners at that time were not interested in subdividing their properties and as a result the City allowed a half street to extend past a cul-de-sac. Today, as this developer stands ready to develop his property, we face a better issue. The property owner at 1 479 73 1/2 Avenue and the owner at 1476 Onondaga will keep an "open mind" about the prospects of a cul-de-sac. When the project initially came forward, that information was not known. Later, Ms Marijane Hanson (1476 Onondaga) sent in a letter indicating that she would allow an easement to be dedicated for the portion of a 30' dead-end street. This would allow access to her property, as well as, allow the Van Auken Plat to move forward as proposed. On the morning of June 3, 2005, (morning of the Planning Commission), Jon V. Jackels, 98 has a large tree on his property that he would like to preserve. As a result he has suggested a 30' radius, rather than a 40' radius cul-de-sac. Staff is analyzing both design and cost at this time. Due to the lateness of this suggested street alternative, staff recommends approval of the plat with the dead-end design. Staff will continue to work with property owners and if a cul- de-sac will work, the language will be built into the development agreement. Council can then consider that alternative and approve or reject it, before the final plat is approve and filed. PLANNING COMMISSION RECOMMENDATION The Planning Commission held its public hearing on this item at its June 3, 2005, meeting. The Commission unanimously recommended approval. City Council is scheduled to see this item on their agenda at the June 13, 2005 , meeting. PLANNING STAFF RECOMMENDATION Staff recommends approval of PS #05-03 with the following stipulations: City Staff recommend that the following stipulations be placed upon approval of this request: 1. Petitioner shall obtain all necessary permits prior to construction. 2. Any remaining debris from demolition of existing home and any brush piles on site shall be removed prior to granting of final plat. 3. Grading and drainage plan to be approved by City's engineering staff prior to the issuance of any building permits, in order to minimize impacts to the surrounding properties. 4. The petitioner shall provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 5. During construction, silt fencing shall be used where applicable. 6. Petitioner to pay required park dedication fees of $3,000 prior to issuance of building permits. 7. Petitioner to pay all water and sewer connection fees, including sanitary sewer extension. 8. The petitioner shall agree to preserve mature trees to the extent possible. All trees required to be removed for the new homes shall be marked and approved by City staff prior to issuance of building permits. 9. Twin homes shall meet all parking requirements. 10.Add appropriate address and marking requirements per Fire Code. 11. The petitioner shall agree to the terms of a development agreement that shall be prepared by City staff and approved by the City Council simultaneous with their final plat approval. 99 AGENDA ITEM CITY COUNCIL MEETING OF JUNE 27, 2005 MY OF FRIDLEY Date: June 23, 2005 To: William Burns, City Manager From: Scott Hickok, Community Development Director Julie Jones,Planning Coordinator Subject: Van Auken Plat PS #05-03 Background On June 13, the Fridley City Council held a public hearing regarding PS#05-03, a preliminary plat for Timothy Van Auken at 1475 and1485—73rd Avenue NE. The plat involves dividing two lots containing two existing single family homes into six total lots. The petitioner's plan is to keep the existing single family homes on the property and build two new twin homes, creating four new housing units. This property is zoned R-3,multi-family residential.This zoning would allow the petitioner to build a multi-story apartment building on his land similar to the 21-unit apartment building next door at 1461 73rd Avenue. However,the petitioner has indicated that he would like to build a new home for himself and others on the property. Access As the proposed plat meets all of the setback and lot coverage requirements, the key item of concern at the City Council public hearing on June 13 was the cul-de-sac design. The City Council tabled action on the plat request until their next meeting to allow staff and the petitioner time to develop an access design which would satisfy the concerns expressed by Council and the public. The petitioner has met with staff and his surveyor to design a cul-de-sac access to the newly created lots without further impacting the adjoining property owners to the north. The revised plat also maintains all of the required setbacks and lot coverage(details in attached staff report)requirements. The petitioner will need to file a perpetual easement,however, on lots 2 and 3 for access to lots 1 and 4. This is because lots 1 and 4 do not have 25' of street frontage on the new cul-de-sac.This has been added as a new stipulation#12. Comprehensive Plan Amendment It was noted by staff at the June 1 and June 13 public hearings that the City's Comprehensive Plan will need to be amended if this plat request is approved. This is because the future land use map in the Comprehensive Plan shows 1475 and 1485 73rd Avenue as R-1 single family zoning. This occurred because the current use of the property is single family housing.However,the property has always been zoned as R-3,according to old City zoning maps. It is not uncommon for property to be used for a purpose other than the current zoning. At the time of the Comprehensive Plan update,the City Council decided not to change the land use map to reflect the current zoning,but rather to deal with each conflicting situation on a case-by-case basis. 15 Commission Action The Planning Commission held a public hearing on this preliminary plat on June 1,2005.There was much discussion at the June 1 meeting regarding extension of the cul-de-sac west. There was also some discussion regarding the zoning of the property. The Planning Commission did unanimously approve a motion recommending approval of the preliminary plat with the attached stipulations,urging the City staff to develop a workable cul-de-sac design and have the City Council review the R-3 zoning. Recommendation Staff recommends approval of PS#05-03 as shown in the revised preliminary plat drawings dated 6-21-05 with the 12 stipulations in the attached report. If approved, staff will plan to bring a Comprehensive Plan Amendment before Council at the next meeting. M-05-52 16 AGENDA ITEM ri CITY COUNCIL MEETING OF OCTOBER 24, 2005 CrrY OF FRIDLEY DATE: October 18, 2005 TO: William W. Burns, City g Mana er op FROM: Scott Hickok, Community Development Director Julie Jones, Planning Coordinator Stacy Stromberg, Planner SUBJECT: Development Agreement for the Van Auken Addition M-05-114 INTRODUCTION On June 1, 2005, the Planning Commission considered plat request PS #05-03, by Timothy Van Auken. Mr. Van Auken plans to replat and subdivide the properties located at 1475 73rd Avenue and 1485 73d Avenue for the purpose of building two twin homes. City Staff and the Planning Commission recommend approval of plat request, PS #05-03, with 12 stipulations. At the June 27, 2005, City Council meeting, the preliminary plat was approved, with 12 stipulations. To be consistent in the plat process, staff has prepared a development agreement for the Van Auken Addition development. That development agreement has been attached for your review and approval. RECOMMENDATION Staff recommends approval of the attached development agreement as submitted. 28 AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 24, 2005 MY OF FRIDLEY Date: October 20,2005 To: William Burns, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Coordinator Stacy Stromberg,Planner Subject: Final Plat,PS#05-03, Van Auken Addition Background On June 27, 2005,the City Council approved a preliminary plat request,PS #05-03, submitted by Timothy Van Auken, owner of 1475 and 1485 - 73`d Avenue. The plat has now been approved by the County and is ready for final plat approval. Mr. Van Auken's property is located at 1475 and 1485 —73`d Avenue. The purpose of the new plat is to subdivide the property to allow construction of four additional homes. Council/Commission Action The Planning Commission held a public hearing on the preliminary plat on June 1, 2005. The City Council held a public hearing on the preliminary plat request at their June 13, 2005 meeting. The item was tabled and acted on at the June 27,2005 Council meeting. Both the Planning Commission and the City Council recommended approval of the preliminary. There was opposition to the plat request by certain members of the public. Recommendation City Staff recommends adoption of the attached resolution approving the final plat for PS#05-03 for Lots 1-6,Van Auken Addition at the October 24, 2005 City Council meeting with the following 12 stipulations that were approved with the preliminary plat as Exhibit A. Stipulations 1. Petitioner shall obtain all necessary permits prior to construction. 2. Any remaining debris from demolition of existing structures and any brush piles on site shall be removed prior to granting of final plat. 3. Grading and drainage plan to be approved by City's engineering staff prior to the issuance of any building permits, in order to minimize impacts to the surrounding properties. 4. The petitioner shall provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 17 5. During construction, silt fencing shall be used where applicable. 6. Petitioner to pay required park dedication fees of$3,000 prior to issuance of building permits. 7. Petitioner to pay all water and sewer connection fees, including sanitary sewer extension. 8. The petitioner shall agree to preserve mature trees to the extent possible. All trees required to be removed for the new homes shall be marked and approved by City staff prior to issuance of building permits. 9. Twin homes shall meet all parking requirements. 10. Add appropriate address and marking requirements per Fire Code. 11. The petitioner shall agree to the terms of a development agreement that shall be prepared by City staff and approved by the City Council simultaneous with their final plat approval. 12. The petitioner shall file a perpetual easement for access to Lot 1 on the records of Lot 2 and a perpetual easement for Lot 4 on the records of Lot 3. M-05-117 18 FRIDLEY CITY COUNCIL, JUNE 13, 2005 Page 25 of 38 8. No business signs shall be located within tfie County right-of-way. Any planting within the right-of-way to be approve by the County prior to planting. 9. Petitioner to obtain a permit from Anoka C my for any work done within the county right-of-way. 10. Petitioner to submit revised storm water anagement plans and calculations for approval by the City Engineering sta . 11. Storm pond maintenance agreement must be filed prior to issuance of building permits. 12. Petitioner shall obtain required NPDES Permit and Rice Creek Watershed District permits. 13. City Engineering staff to review and approve grading and drainage plan prior to issuance of building permits. .1, 14. Final landscape plan to be reviewed and approved by City Staff prior to the City Council public hearing regarding the rezoning on June 13, 2005. 15. Petitioner shall install a 7' high screening fence or planting screening along the east and south property lines, according to Section 205.14.6.G(1) of the Fridley Zoning Code. 16. Petitioner to pay required Park Dedication Fee of $3,287.25 (142,924 square feet of land times .023 per square feet). 17. Petitioner to provide City with a copy of the building's association documents prior to issuance of a building permit. 18. Building to be restricted to seniors and policies to do such shall be outlined in association docum ' is and filed with the County with the final plat. 19. Provide proof that ny existing wells or individual sewage treatment systems located on the sit are properly capped or removed. 20. Property owner record at time of building permit application to pay all water and sewer con ction fees prior to issuance of a building permit. 21. The petitioner shall be responsible for sharing in the cost of any traffic improvement necessary to accommodate the traffic specifically generated by the develop ent, including signalization or other improvements, if determined necessary b Anoka County. 22. A Develop A/ Agreement outlining the developer's obligation to install utilities, et ., will be prepared by the City and shall be signed by the Petitioner prior to fi al plat approval. 23. The pet' ioner shall provide walkway access from the site for pedestrian connec ons at the north and west sides of property. 16. Preliminary Plat Request, PS #05-03, by Timothy Van Auken to Subdivide Two Multi-Family Lots, Generally Located at 1475 and 1485 73rd Avenue NE (Ward 2). Ms. Jones, Planning Coordinator, stated the petitioner is requesting to subdivide his property at 1475 and 1485 73rd Avenue to create a total of 6 lots to allow for the construction of two new twin homes. The properties are zoned R-3, multiple unit residential. The proposed lots meet the minimum lot width requirement of 75 feet and the minimum lot size of 10,000 square feet for two unit buildings. The new twin homes 7 FRIDLEY CITY COUNCIL, JUNE 13, 2005 Page 26 of 38 will meet all the necessary setback requirements. The lot coverage is shown at 25% which is below the minimum of 30%. All necessary utility/drainage easements are provided on the plat. The proposed lots would be too small for R-3 uses or construction of single family detached housing units in the future. The continued R-3 zoning is inconsistent with the City's Comprehensive Plan, so a minor Comprehensive Plan amendment continuing the R-3 zoning should be completed if this plat is approved. Ms. Jones further explained the proposed plat includes extending access from the 731/2 Avenue cul-de-sac to 10 feet within the back of the 1475 - 73rd Avenue lot. The ideal access design option would include moving the cul-de-sac west. Staff is analyzing the possible design and costs for this proposal. Ms. Jones stated staff recommends approval of Preliminary Plat Request, PS #05-03, as it provides additional home ownership opportunities. If approved, staff recommends the following stipulations be attached: 1. The petitioner shall obtain all necessary permits prior to construction. 2. Any remaining debris from demolition of existing home and any brush piles on site shall be removed prior to granting of final plat. 3. Grading and drainage plan to be approved by City's engineering staff prior to the issuance of any building permits in order to minimize impacts to the surrounding properties. 4. The petitioner shall provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 5. During construction, silt fencing shall be used where applicable. 6. Petitioner to pay required park dedication fees of $3,000 prior to issuance of building permits. 7. Petitioner to pay all water and sewer connection fees, including sanitary sewer extension. 8. The petitioner shall agree to preserve mature trees to the extent possible. All trees required to be removed for the new homes shall be marked and approved by City staff prior to issuance of building permits. 9. Twin homes shall meet all parking requirements. 10. Add appropriate address and marking requirements per Fire Code. 11. The petitioner shall agree to the terms of a development agreement that shall be prepared by City staff and approved by the City Council simultaneous with their final plat approval. Councilmember Barnette asked Ms. Jones to review the site plan. Mr. Haukaas, Public Works Director, explained the two properties are on 73rd Avenue with the back of the properties extending almost to 731/2. There is a cul-de-sac at the west end of 731/2 with a half street currently constructed that extends farther to the west. Mr. Van Auken is proposing to split the north half of his two lots and create 4 lots with 2 twin homes. Staff would prefer to see the cul-de-sac at the west end of the petitioner's lots, but they have never forced a petitioner to purchase additional property from their FRIDLEY CITY COUNCIL, JUNE 13, 2005 Page 27 of 38 neighbors. Mr. Van Auken is proposing to make the half street a whole street and he did reach an agreement with the property owner to the northwest who is willing to provide an easement to extend the half street all the way to the western edge of Mr. Auken's properties. This would allow a full width street past the new twin homes and allow driveways to come out onto that street and would provide snow storage area and turn-around area. In this case, there is a clear definition between the street and the driveways and the City already plows the existing half street. This proposal would create another dead-end street and the staff would prefer to have the cul-de-sac. Staff has looked at other options and has had discussions with the neighbors but some of them are not interested in a full size cul-de-sac. He recommends against putting in less than a full size cul-de-sac. Staff also looked at offsetting the cul-de-sac on Mr. Van Auken's property but that creates setback problems. Because there is already a half street there, there must have been some plan to develop it into a full street at some point in the future, so it would not be reasonable to deny this request just on that basis. He added that without full buy-in from the properties to the north, this seems to be the best plan and staff can support it. Councilmember Bolkcom questioned staff's objections to installing a smaller radius cul- de-sac. Mr. Haukaas stated the smaller radius is a concern for snow removal and emergency vehicles. Also the old cul-de-sac would have to be removed and a new one installed. The fire vehicles need a certain size to turn around. Staff can live with extending the dead-end street because it is already there and it would be a short extension. The Fire Department has a minimum distance they will go into a dead-end street and this would still fall within their minimum. Eliminating the existing cul-de-sac and putting in a smaller radius cul-de-sac at the west end would result in too great a length for the fire trucks. Also, Council has always been concerned about setting a precedent, so if we go to a smaller cul-de-sac for this petitioner they would have to do the same for the next. Councilmember Bolkcom stated the City should not set a precedent for dead-end streets either. Councilmember Billings stated his understanding is that if a reduced radius cul-de-sac were installed, staff would recommend removal of the existing full size cul-de-sac which means emergency vehicles would have to back all the way out to Pinetree Lane. He then questioned why the full size cul-de-sac would have to be removed. Mr. Haukaas responded if the full-size cul-de-sac remains, there is no need to install the smaller cul-de-sac. Councilmember Billings questioned if there is an easement for the road on the property to the east. Mr. Haukaas responded that easement exists. FRIDLEY CITY COUNCIL, JUNE 13, 2005 Page 28 of 38 Councilmember Bolkcom commented that single-family homes could be placed on this site. Ms. Jones responded that is correct. Councilmember Bolkcom stated there does not seem to be a very good solution for handling the traffic out of these properties. Mayor Lund questioned how much more of this area is zoned R-3. Ms. Jones stated there is still large area with R-3 zoning, which would allow for the construction of an apartment building. Councilmember Billings questioned what is currently on the property immediately to the west and what is on the northern edge of that lot. Mr. Haukaas explained that apartment building was built about 6 or 7 years ago and their storm pond is along the northerly edge. Councilmember Billings stated he is concerned that the owners of that property, once the street goes in, will want to have access across that so they come in from 73Y2. Mr. Haukaas responded that would take a significant amount of redevelopment of their lot to be able to restore the ponding someplace else and make that connection. He also explained that the road as proposed would stop short of that property for storage purposes. Councilmember Billings suggested we stop the dedicated plat and get an easement for the last ten feet so someone else can not connect to the roadway. Councilmember Bolkcom asked if this property is zoned R-3 how did it appear as a different zoning in the Comprehensive Plan. She also questioned the difference between a twin home and a double bungalow. Ms. Jones explained she assumes that this occurred because even though the property is zoned R-3, they contain single family homes, so the Comprehensive Plan reflected the zoning that would be consistent with the existing use. A twin home would be an attached single family home where each owner owns the property around their housing unit and is responsible for caring for that property. She added that the petitioner plans to live in one of the units. Councilmember Billings commented that a double bungalow is typically owned by one person. FRIDLEY CITY COUNCIL, JUNE 13, 2005 Page 29 of 38 Mr. Haukaas stated staff did require the petitioner to extend the proposed roadway 20 feet beyond the last driveway so they could back up onto the street and drive straight out. Petitioner Timothy Van Auken, 1475 - 73rd Avenue, stated he respects Council's concerns. He initially planned to proceed with this project and finish the existing dead- end street. He has owned the properties over ten years and knew when he purchased the property there was a risk associated with the R-3 zoning. Six to seven years ago, a 20-unit apartment building was constructed right next to his home. At that time, he had an opportunity to buy his neighbor's property. A lot of developers have been interested in purchasing his property for the construction of an apartment complex. He has also looked into building single-family homes but the cost of extending the sewer and water and finishing the roadway made that prohibitive. There is water and sewer available at the back of 1485 with the intent of having that area developed. Also 1-'/2 feet of the roadway easement is on his property. He initially proposed extending the half street but staff wanted him to share a driveway for the two proposed units, which he did not feel was feasible as far as curb appeal. He contacted his neighbor and obtained a roadway easement across her property to finish the half street. He is not closed to the cul-de-sac option but knows there is some concern about the size of the cul-de-sac. He stated he believes a precedent has been set with an unfinished dead-end street and he is just asking to be allowed to finish that dead-end street. He plans to be an owner-occupier with the intention of leasing out the one side--hopefully executive leasing to Medtronic employees. He is educated in residential property management. He would appreciate the opportunity to exercise his legal rights to develop his property in accordance with the City ordinances. He cares what his neighbors think and he does not want to create bad feelings. Ms. Pam Reynolds, 1241 Norton, stated there is R-1 zoning around the R-3 and if allowed to develop as R-3, it would bring R-3 uses into a single family neighborhood. The decisions the Council makes today could affect what happens to this single-family neighborhood in the years to come. Ms. Sue Sherek, 1 530 73 1/2 Avenue, stated the present zoning is R-3; however single- family homes have been on this property since 1951. The R-3 zoning is not consistent with the current or previous Comprehensive Plan. The future land use for the parcel in 2020 also shows single family. The west cul-de-sac on 73'/2 is all R-1. The first R-3 property to the east is another single-family residence. At the Planning Commission, meeting the members suggested that Council address the issue of whether this property should be rezoned to R-1 to match the existing uses. The multi-unit apartment building to the west of the petitioner is completely fenced off with a 6 to 7 foot high fence. She asked Council to take action necessary to bring the zoning into compliance with the Comprehensive Plan and with the uses in the neighborhood. This also meets the second goal of the plan to provide single-family lots for residential construction. Mr. John Jackels, 1479 - 73Y2 Avenue, presented a petition requesting that Council make the zoning on this property in compliance with the Comprehensive Plan. The FRIDLEY CITY COUNCIL, JUNE 13, 2005 Page 30 of 38 neighbors feel strongly about the single-family characteristic of the neighborhood. The other R-3 zoned properties do not have access onto 73'/2 Avenue. Mayor Lund commented that the petitioner could sell the properties and a large apartment building could be constructed on the site because it is already zoned R-3. Mr. Jackels stated this proposal is the least attractive alternative for this property. The apartment building has been a good neighbor. Councilmember Bolkcom questioned if Council can legally change the zoning on this property when what is before the Council is a plat approval. Mr. Knack, City Attorney, stated what the Council is considering is a replatting and the question is whether or not this is appropriate in this zoning district. If the replatting is appropriate for the existing zoning and Council denies this, Council could face some difficulties if they do not have a concrete, factual basis for doing so. Councilmember Bolkcom questioned if the neighbors' opposition could be considered a factual basis for denial. Dr. Burns, City Manager, commented that the petitioner has applied for a replat and that is the question Council has to answer at this point. Ms. Sherek stated the second matter is the extension of the cul-de-sac which staff has stated cannot be constructed and still have buildable lots. With the entire square footage of the two properties, the lines to replat can be moved in such a way to have buildable lots. Mr. Van Auken's plan does not create an equal split between the north and south lots. If he moved those lines to the south he would create enough area to put the cul-de-sac on his own property. The City Code, Section 211.07.12 provides for dead-end or cul-de-sac streets and it does not say that a dead end street does not need to have this. Staff stated at the Planning Commission meeting that a precedent was set when the half street was done in 1986. No one determined the reason behind that action. That unusual extension occurred in anticipation of further subdivision of the remaining property to the west. It was assumed that a cul-de-sac would be placed at the end or the street would go all the way through to Hayes. Subsequent development to the west of the petitioner means it cannot be extended to Hayes but it does not mean the cul-de-sac can not be moved there. In fact, the existing cul-de-sac was done in bituminous in anticipation that eventually the whole thing would move. Also, members of the Planning Commission stated they could not vote for this proposal with the dead end option and they asked staff for the cul-de-sac options. If the development proposal goes forward, they would request that Council direct staff to work with the petitioner on the cul-de-sac proposal. Mr. Jackels stated he prepared a drawing showing the cul-de-sac at the west end with the standard 40-foot radius centered on the property line. His calculations show that in order to complete the cul-de-sac approximately, 500 square feet of his property would FRIDLEY CITY COUNCIL, JUNE 13, 2005 Page 31 of 38 be lost including a large tree. He is not in favor of losing the tree. He met with staff members to discuss the reduced radius cul-de-sac option. With the reduced radius cul- de-sac, Mr. Van Auken would still be able to make two 10,000 square foot lots. He also worked on drawing an offset cul-de-sac option in which he would not have to lose his tree but a fire hydrant would have to be relocated. His main point is that two buildable lots are possible on the petitioner's property with the cul-de-sac installed. As a traffic engineer, he believed that backing in and out of a dead end street would be very problematic at best, which is why he would like to see the reduced radius cul-de-sac. He further stated he would rather see a 34-foot dead end street width rather than the 30-foot width being proposed by staff. He also suggested the existing curb be relocated to center that street on the property line. MOTION by Councilmember Wolfe, seconded by Councilmember Bolkcom, to accept the petition and the letter from Sue Sherek into the record. UPON A VOICE VOTE, ALLVOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mayor Lund stated he is inclined to agree with Mr. Jackels that a cul-de-sac would be best. He did not see that the Council can now rezone the property to R-1. Mr. Van Auken agreed about the cul-de-sac, but the issue is the affected property owners being willing to dedicate the right of way from their property. He also stated he cannot move the property line to the south as suggested by the neighbors. He is willing to work with the neighbors but if Mr. Jackels does not take some of the setback on his property to allow the cul-de-sac, the petitioner will have problems. Mayor Lund suggested the petitioner try and work out some of these issues prior to the next meeting. Councilmember Bolkcom stated she cannot support the dead end street and asked if staff can reach some resolution regarding the cul-de-sac prior to the next meeting. Mr. Haukaas agreed that the cul-de-sac is the best option. If Council is not in favor of the dead end street, he agreed that the matter should be tabled until the next meeting. Ms. Debra Jackels, 147 73'/2 Avenue. stated if this is approved, the petitioner will be putting up four homes the size of their home in less property which will change the neighborhood. Mr. Michael Tippler, 1667 73`d Avenue, stated this is an R-1 neighborhood. His back yard looks onto the east end of 73Y2. He has lived there since 1992 and he agreed that this proposal is too much development in too small an area. Earlier this year he wanted to improve his home by creating an enclosed garage where a dilapidated carport existed. City staff indicated he could not do this because the lot he purchased has I FRIDLEY CITY COUNCIL, JUNE 13, 2005 Page 32 of 38 1,470 square feet of accessory structure. He asked for an explanation why he was not allowed to proceed with his plans. Councilmember Billings asked what accessory structures are currently on Mr. Tippler's property. Mr. Tippler responded there is a four-car detached garage and a 12' x 16' shed. All he was trying to do was get rid of the flat-roofed carport and build a garage in the same amount of square footage. Mayor Lund asked that Mr. Tippler work with City staff to resolve his concerns regarding the garage. Mr. Tippler stated he thinks it would be a mistake to add more rental property when the current rental areas are already creating problems. Mr. Jackels stated he could not find a definition for "twin home" in the code and he questioned whether they will be owner occupied or rental. MOTION by Councilmember Wolfe, seconded by Councilmember Bolkcom, to table this matter to the June 27 Council meeting. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 17. First Reading of an Ordinance Amending the Fridley City Charter, Chapter 7, Taxes, Section 7.03.A, Pertaining to Utility Fees. Mr. Pribyl, Finance Director, stated earlier this evening, he handed out a corrected ordinance to Council members. As a result of the 2005 City Council and Commission Survey, it was determined that the City should limit its losses in the water and sanitary sewer utility funds due to increasing costs and the limitation of the City Charter, by holding a special election to amend this section of the Charter. Minnesota statutes allow an amendment by ordinance subject t the Charter Commission review. The ordinance before the Council is proposing a ch rter amendment that would begin the public discussion on this issue. If Council wishe to proceed, this would be the first reading and then it would be forwarded to the Ch rter Commission for review. The Charter Commission has a 60-day review period for approval or denial of the proposed amendment and that date would be August 12, 2005. If more time is needed for the review, the Charter Commission may adopt a resolutio requesting a 90-day review period which would actually take the matter to Novembe 10, 2005. The ordinance would need to be forwarded to the Charter Commission on une 14 for their review. State law requires that charter amendments that are to be pi ed on the ballot for a general election be forwarded to the county 12 weeks before the neral election, which would require the City to notify the Anoka County by August 16, 2005. When forwarding the ordinance, the City Council may wish to express an urgency and request the FRIDLEY CITY COUNCIL MEETING OF JUNE 27 2005 Page 3 of 31 UPON A VOICE VOTE, AL/dPolice AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY Peter Borman, 120 River End President of the 49'er Days Festival, thanked the City, City staff membersand Fire employees for their help in making this year's festival a success. Gerald Mackelberg, 425 R�i Creek Boulevard, stated he lives in the area immediately south of Columbia Ice Are-na and the residents in that area are concerned about the potential sale of the ar?na. It would be much better for the City to purchase that property and thereby h e control over how it will be developed. He asked that the City ensure that in the fut e, it does a better job of keeping the residents informed about what transpires on th' property. He suggested this would be a good location for a new public safety buildin for the City of Fridley. Councilmember lings pointed out that the recent City newsletter contained a large article about th status of Columbia Arena with questions and answers from the Minnesota Spo Commission. He added that the City of Fridley does not control that site. Also, the Minnesota Sports Commission held an informational meeting with the users of that a ena and the surrounding neighborhood. Mayor Lund said he understood Mr. Mackelberg's concerns. OLD BUSINESS: 6. Preliminary Plat Request, PS #05-03, by Timothy VanAuken, to Subdivide Two Multi-Family Lots, Generally Located at 1475 and 1485 73rd Avenue NE (Ward 2) (Tabled June 13, 2005). Mr. Hickok, Community Development Director, explained that the property involved fronts on 73rd Avenue and currently has two single family homes. The homes have recently been resided and re-roofed. There was some question regarding whether permits had been obtained for those improvements, so Mr. Hickok reviewed the history of building permits issued for this property. To the north is a short dead-end street in front of a home at 1479 73 '/2 Avenue. Some of the issues that came up at the last meeting had to do with the most appropriate access to this site. Staff reviewed the access options and determined that a cul-de-sac that would only involve the lots being subdivided would be the best solution. There were concerns expressed about a standard size cul-de-sac which would affect an existing fire hydrant and mature trees. As a result, the proposed standard size cul-de-sac has a design that will be able to be plowed by Public Works and to allow access for emergency vehicles but will only take its radius from the south side of what would be the right-of-way of 73 '/z Avenue. Taking away enough land area from one property to allow for the cul-de-sac could be detrimental to the subdivision of that property. For that purpose, this is being proposed as an easement for roadway and utility purposes. This proposed cul-de-sac shifts the buildable area a bit south taking it back from the street. Neighbors were concerned FRIDLEY CITY COUNCIL MEETING OF JUNE 27, 2005 Page 4 of 31 about the proposed units being up close right across from their property but this has the effect of moving the buildings back a bit. It also reduces the rear yard to 25 feet. In the ordinance, the R-3 code talks about a rear yard setback of '/4 of the lot depth but no less than 25 feet. By approving this plat as it is being proposed and recommended by staff, it does recognize a setback of 25 feet as opposed to 33 feet. Considering all alternatives, this proposal would be the best for allowing the lots to be properly placed. This proposal does provide for the neighbors to the north to preserve their mature trees. It allows Mary Jane Hanson to subdivide her property in the future if she chooses to do so. It also takes as little property from Ms. Hanson as possible while still giving her the ability to access the cul-de-sac. Mr. Hickok said there were a number of questions submitted via email which he responded to except for those that came in late. One of those questioned how the Council could invoke the Comprehensive Plan in one hearing and ignore it in the next, specifically the inconsistencies in zoning. He pointed out that the zoning on petitioner's property is R-3, and the property is able to be subdivided in the manner proposed. As far as the inconsistency with the Comprehensive Plan, he stated that during the Comprehensive Plan review staff pointed out to Council some zoning inconsistencies and the Council directed staff to review such inconsistencies as projects were brought forward. The developer has submitted an application that is permissible in the existing zoning. Mr. Hickok stated another question regarded the single family attached development being proposed for this site. He explained the petitioner is proposing to construct two two-unit town home buildings for a total of four units which is a permitted use in this zoning district. In response to the question regarding the minimum lot size for each unit, Mr. Hickok explained that each of the two unit buildings is acting together as a building and together they exceed the 10,000 square foot minimum land area. Another question was how these would be separately owned parcels under the units. Staff knows from past experience that associations with less than 40 units are not successful or strong in the town home development world. Developers do not want to create small associations because associations are typically internal and it is very difficult even with 40 units to get people to serve on the association board to manage the property. With smaller unit numbers, it is not unusual to have the land underneath the buildings owned by the individuals who own the individual units. This project is not being proposed to somehow create a 5,000 square foot property that could later have two units on it. As far as the question regarding variances, he explained that by having the burden of all of the cul-de-sac on the developer's property it moves the units south and creates a situation where they have a reduced yard setback of 7 feet. In spite of that, Council does have in its authority the ability to grant variances through the platting process. Staff recommends approval of this proposal including the rear yard variance. Councilmember Barnette asked what the rear yard setback is for the homes currently on 73rd Avenue. FRIDLEY CITY COUNCIL MEETING OF JUNE 27, 2005 Page 5 of 31 Mr. Hickok stated as proposed the rear yard of 1475 would be 35.82 feet and the detached garage setback will be 8 feet. The rear yard setback for the home at 1485 setback is closer to 40 feet. Councilmember Billings asked if there are other 0 lot line, two-unit homes in the City. Mr. Hickok responded that there are a number of side-by-side lots throughout the City. A recently approved development on University Avenue with 6 town homes with each town home owning the footprint under their building is considered a 0 lot line development. Councilmember Bolkcom asked Mr. Hickok to review the rear yard setback on this proposal. Mr. Hickok explained that by having the full cul-de-sac come down on the petitioner's side of the right-of-way, it shifted the buildable area south. The rear yard variance would not be necessary if the units were moved closer to the cul-de-sac but staff believed having vehicles fully parked on the driveway of the proposed units is better than having a situation where they have to rely on the right-of-way to park. Moving the units to the south also allows for a bigger front yard and a more appealing separation from the neighbors. Councilmember Bolkcom commented that this development could be accomplished with a dead end street but the cul-de-sac is a better option in staff's opinion. Mr. Hickok agreed. Mr. Haukaas, Public Works Director, commented the ease of maintenance and ease of access are valid concerns and the cul-de-sac addresses those concerns. Mayor Lund asked about the front yard setback. Mr. Hickok explained that is one of the features that made it important for the developer to provide an easement as opposed to a right-of-way. The front property line remains in its current position and the cul-de-sac will be on the petitioner's property, and he has allowed the street and utility improvements by easement. Mayor Lund stated that another neighbor's concern regarded whether or not a building permit was issued for the garage improvement on the petitioner's property. Ms. Jones, Planning Coordinator, explained that staff does not list every permit in the cover sheets provided. Mr. Hickok reviewed the permits pulled for the petitioner's property including a permit for a garage addition in 1998. r FRIDLEY CITY COUNCIL MEETING OF JUNE 27, 2005 Page 6 of 31 - Councilmember Bolkcom asked if Mr. Knaak concurs with Mr. Hickok's interpretation of the Comprehensive Plan. Mr. Knaak stated he does concur. Pam Reynolds, 1241 Norton, stated as it sits, the frontage of the properties is R-3. Once subdivided, the twin homes will be on R-3 but facing into an R-1 neighborhood. Currently the zoning is inconsistent and by subdividing they will be making two inconsistent properties. Councilmember Bolkcom pointed out there is an R-3 use behind this property and the petitioner's property is currently zoned R-3. Ms. Reynolds stated that the petitioner's property is adjacent to R1 uses. Sue Sherek, 1530 73 Y2 Avenue, stated the apartment building is completely fenced off from the neighborhood by a six-foot high solid wood fence and does not access 73rd Avenue. The City is supposed to bring non-conforming property into conformity with the approval of the Comprehensive Plan. Waiting to treat non-conformities on a case-by- case basis is taking away the Comprehensive Plan and creating spot zoning. While she understands Mr. VanAuken's desire to develop his property, she has a question about the concept of using an easement versus right-of-way for the cul-de-sac. Placing the cul-de-sac entirely on the petitioner's property means that each of the properties are under the 10,000 square foot minimum, the setback requirements are not met, the lot area requirements are not met and Lots 2 and 3 exceed the 30% lot coverage requirement. This is a case of someone trying to put too much on too little property. In the subdivision section of the City Code, 211.04, it requires the covenants to be recorded. She does not understand how, without an association, the twin homes will be governed. Mr. Hickok explained that the neighborhood was extremely concerned about this property being developed off a dead-end street versus a cul-de-sac. The cul-de-sac can happen without impacting the Jackels property or the Hanson property by having the full burden of the cul-de-sac brought down to the petitioner's property. The purpose of the easement versus right-of-way allows the lots to remain. The underlying property is still owned and the calculations for lot coverage still remain intact even though the developer has dedicated an easement of a portion of the property which is formal permission for street and utility work. The developer assumes the entire burden of the cul-de-sac including the costs. It does not result in the lots being non-conforming. Councilmember Bolkcom asked if the petitioner did not put the entire cul-de-sac on his property would there be sufficient existing right-of-way. Mr. Haukaas stated the north half of the existing street is on an easement, not a right-of- way. Additional easement or right-of-way would have to be obtained from the properties FRIDLEY CITY COUNCIL MEETING OF JUNE 27, 2005 Page 7 of 31 to the north to construct the right-of-way if it is not placed entirely on the petitioner's property. Councilmember Bolkcom stated that this is a trade-off; property could be taken from adjacent property owners, but by placing the cul-de-sac on the petitioner's property, there is less of an impact. Mr. Haukaas stated that is correct. Mr. Hickok stated that initially the petitioner will own all the units and file documents that would set a certain standard and shared responsibility on the units and properties. This proposal is purposely done in a way where each person owns and is responsible for their individual unit. Councilmember Bolkcom suggested these concerns be addressed in an additional stipulation. Mr. VanAuken stated he understands the neighbors' concerns and stated if and when these properties are sold there will be restrictions filed specifying how improvements will be handled. He further stated he plans to build only one building, living on one side and renting the other. Then, within 2 to 5 years, he would erect the second building. He plans to build something very nice for his family's financial security. Mayor Lund asked Mr. VanAuken why he did not just build single family homes. Mr. VanAuken said the cost of street improvements makes it prohibitive to build only a single family home. Councilmember Billings asked if these are the first two 0 lot line twin homes built in the Twin Cities. Mr. Hickok responded they are not. This is a very popular style home with probably thousands in the Twin Cities area. Councilmember Billings asked if there has been a lot of conversation about disputes between twin home residents as far as maintenance issues. Mr. Hickok stated he is not aware of any. Councilmember Wolfe commented that there are twin homes in Columbia Heights where such conflicts occur. Councilmember Bolkcom commented that the same could be said about single family homes. FRIDLEY CITY COUNCIL MEETING OF JUNE 27, 2005 Page 8 of 31 John Jackels, 1479 73 '/2 Avenue, stated he is still concerned about the setback and easement issues. He also believes that this proposal is putting a lot of stuff on a small space. He said he does not want to say no to development, but he wants everyone to be on the same page because otherwise they are not going to have a friendly neighborhood. He claimed he had to obtain a variance two years ago because he could not build onto the front based on the setback requirements. Mr. Hickok explained Mr. Jackels' variance was to the rear yard, not the front yard. There was not at any time, a situation where Mr. Jackels was adding on to the front of his house. He offered to take a look at Mr. Jackels' property to determine whether or not he can expand his home into the front yard. What is being proposed by the petitioner is consistent with what has been done in other areas of the City. Mayor Lund stated Council has allowed a relaxation of setbacks in the front yard to allow older homes in the City to expand. Mr. Jackels pointed out there are single family homes around the petitioner's property and this proposal would double the density and impact the neighborhood. The apartment building traffic does not utilize 73 '/2 Avenue and is separated completely. Councilmember Barnette asked if the installation of this cul-de-sac creates a situation for the property on the northwest corner to split for development. Mr. Hickok stated that property could subdivide, but it is zoned R-1 and would have to be single family homes. The important thing to remember for this proposal is that Mr. VanAuken's property is zoned R-3. He is not asking for a rezoning. Also, his property is roughly the size of the property to the west where a 21-unit apartment building was permissible and constructed. Mr. Haukaas explained that Mr. VanAuken has requested the City build the cul-de-sac and assess him, which the City has done and is willing to do for this petitioner. At this time, the City would leave the existing cul-de-sac alone because it is in the City's 3-year plan for reconstruction at which time it would be removed and replaced with a straight road. Another option is the City could begin the process for that small portion this summer, set public hearings and do it all at once. Mr. VanAuken is not being held responsible for removal of the existing cul-de-sac. This was going to be rebuilt as a full cul-de-sac at some time in the future. The properties directly to the east of the existing cul-de-sac would be assessed for the street improvement and that public hearing process has not begun. Councilmember Bolkcom stated it seems cleaner to her if the existing cul-de-sac would be removed at the same time Mr. VanAuken's cul-de-sac is installed. Mayor Lund and Councilmember Barnette asked how the properties on the existing cul- de-sac would be impacted. FRIDLEY CITY COUNCIL MEETING OF JUNE 27, 2005 Page 9 of 31 Mr. Haukaas stated they would be assessed and would have a longer driveway and a little more yard. Mr. Hickok stated there will also be a development agreement associated with this proposal that would be reviewed by Council. Mr. Knaak stated the development agreement is the vehicle by which the City can impose, in the negotiation process, certain conditions that would bind the property in the future, such as provision for maintenance. Councilmember Bolkcom asked if Mr. Knaak believes that including the maintenance concerns in the development agreement eliminates the need for an additional stipulation regarding future maintenance. Mr. Knaak responded that is correct. MOTION by Councilmember Wolfe, seconded by Councilmember Wolfe, to deny Preliminary Plat Request, PS #05-03. Mayor Lund stated he understands the concerns of the neighborhood but believes that the applicant has the right to develop his property as it is zoned. Legally, he believes the petitioner has the right to develop his R3 property. UPON A VOICE VOTE, COUNCILMEMBER WOLFE VOTING AYE AND MAYOR LUND, COUNCILMEMBER BARNETTE, COUNCILMEMBER BILLINGS AND COUNCILMEMBER BOLKCOM VOTING NAY, MAYOR LUND DECLARED THE MOTION FAILED ON A FOUR TO ONE VOTE. MOTION by Councilmember Bolkcom, seconded by Councilmember Barnette, to approve Preliminary Plat Request, PS #05-03, by Timothy VanAuken, with the following 12 stipulations: 1) Petitioner shall obtain all necessary permits prior to construction. 2) Any remaining debris from demolition of existing structures and any brush piles on site shall be removed prior to granting of final plat. 3) Grading and drainage plan to be approved by City's engineering staff prior to the issuance of any building permits, in order to minimize impacts to the surrounding properties. 4) The petitioner shall provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 5) During construction, silt fencing shall be used where applicable. 6) Petitioner to pay required park dedication fees of $3,000 prior to issuance of building permits. 7) Petitioner to pay all water and sewer connection fees, including sanitary sewer extension. FRIDLEY CITY COUNCIL MEETING OF JUNE 27, 2005 Page 10 of 31 8) The petitioner shall agree to preserve mature trees to the extent possible. All trees required to be removed for the new homes shall be marked and approved by City staff prior to issuance of building permits. 9) Twin homes shall meet all parking requirements. 10) Add appropriate address and marking requirements per Fire Code. 11) The petitioner shall agree to the terms of a development agreement that shall be prepared by City staff and approved by the City Council simultaneous with their final plat approval. 12) The petitioner shall file a perpetual easement for access to Lot 1 on the records of Lot 2 and a perpetual easement for Lot 4 on the records of Lot 3. Councilmember Billings stated the property is zoned R-3 and could develop into something with 18 to 20 units or more with access to 73 Y2 Avenue, in which case instead of having four families driving in and out, there could be 18 to 20 or more. There is somewhat of an inconsistency with the Comprehensive Plan, but what is being proposed is 4 single family units that happen to be two 0 lot line units. He questioned whether that really is inconsistent with the Comp Plan because the homes that are going to be there will be single family, 0 lot line homes. If the City were to rezone it to R-1, the City would be looking at the possibility of a taking in which case the City would have to pay money to the landowner for depriving him of something he already has. UPON A VOICE VOTE, MAYOR LUND, COUNCILMEMBER BARNETTE, COUNCILMEMBER BILLINGS AND COUNCILMEMBER BOLKCOM VOTING AYE AND COUNCILMEMBER WOLFE VOTING NAY, MAYOR LUND DECLARED THE MOTION CARRIED ON A FOUR TO ONE VOTE. Councilmember Bolkcom stated she would like staff to look at the possibility of taking out the existing cul-de-sac at the same time the new cul-de-sac is being constructed and do the proper hearings and notices. NEW BUSINESS: 7. First Reading of an Ordinance A proving a Rezoning, ZOA #05-02, from C-1, Local Business, C-2, Gene al Business, and R-1, Single Family Residential, to S-2, Redevelopment District, for Property Located on Lots 15-19, Spring Valley, Generally Loca d at the Corner of Mississippi Street and Old Central, Fridley, Minnesota\(by Family Lifestyle Development Corporation) (Ward 2). Ms. Jones, Planning Coordinator, stated petitioner is equesting a rezoning of five lots to S-2 Redevelopment District. The lots are located at 314 and 1340 Mississippi Street and 6421, 6441 and 6461 Central Avenue. City Coun it approved the preliminary plat to subdivide these five parcels into one at their June 1 2005 meeting. The lots on 6441 and 6421 Central have both residential and comme ial zoning. The rezoning to S-2 makes it possible for the developer to build a mixed us development on this site with retail and housing combined in one development. Ther was some discussion at FRIDLEY CITY COUNCIL MEETING OF OCTOBER 24 2005 PAGE 3 The first reading of the ordinance was on September 26, 2005. Staff re emends Council's approval. WAIVED THE READING AND ADOPTED ORDINANCE O. 1208 ON SECOND READING AND ORDERED PUBLICATION. 2. Second Reading of an Ordinance Amending Chap er 205 of the Fridley City Code Pertaining to Commercial Parking Stall Requir eats (Zoning Text Amendment, ZTA#05-02, by the City of Fridley) and Approve Summary Ordinance. Dr. Burns, City Manager, stated this ordain e amends Chapter 205 of the City Code by s for all ommercial districts. The change amends the changing parking stall requirement required parking in commercial districts fro one stall for every 150 feet of building space to one stall for every 250 feet of building spa e. The change is in line with actual parking needs, consistent with area cities, and conditions f our storm water runoff. The change was approved by the Planning Commission at their Se ember 7, 2005, meeting. The first reading was held on September 26, 2005. Staff recommend Council's approval. WAIVED THE READING AND ADOPTED ORDINANCE NO. 1209 ON SECOND READING. ADOPTED SUMMARY ORDI ANCE NO. 1209 AND ORDERED PUBLICATION. NEW BUSINESS: 3. Resolution Approv'ng a Plat, P.S. #05-06, 151 Glen Creek Road, by the City of Fridley, for the Pu pose of Correcting and Clarifying Right-of-Way Boundaries and Allowing for the ture Land Swap of Excess Right-of-Way (Ward 3). ADOPTED RESOLUT ON NO. 2005-56. 4. Resolution A roving a Plat, P.S. 405-07, 160 Ely Street/160 Liberty Street Service Drive, by th City of Fridley, for the Purpose of Correcting Right-of-Way Lines Resulting fr in a Slightly Widened Service Drive and Allow for the Land Swap of Excess Rig t-of-Way (Ward 3). ADOPTED RE LUTION NO. 2005-57. 5. Resolution Approving a Plat, P.S. #05-03,Lots 1-6,Van Auken Addition, by the City of Fridley, for the Purpose of Creating Four New Lots, Generally Located at 1475 and 1485—73`a Avenue N.E. (Ward 2). FRIDLEY CITY COUNCIL MEETING OF OCTOBER 24,2005 PAGE 4 Dr. Burns, City Manager, stated Council approved the preliminary plat on June 27, 2005. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2005-58. 6. Approve a De elopment Agreement between the City of Fridley and Timothy Van Auken (Ward ). Dr. Burns, City Mana er, stated the development agreement designates improvements to be installed at the develop is expense and provides for the control of soil erosion and contains specifications for the co truction of site improvements. It also contains escrow requirements, provides for special asses ments for public improvements, and incorporates all plat stipulations. Staff recommends Council s approval. APPROVED. 7. Resolution Approvin a Minor Comprehensive Plan Amendment, CP #05-02, by Timothy Van Auken for Property Located on Lots 1-6, Van Auken Addition, Generally Located at 75 and 1485 73rd Avenue N.E. (Ward 2). Dr. Burns, City Manager, state although the Van Auken plat is compatible for the R-3 zoning of the two parcels, it is not consi ent with the R-1 Future Use Designation in the Comprehensive Plan. City staff has noted the pr sence of other R-3 structures in the immediate vicinity of the Van Auken parcels, and has dete ined that a minor amendment to the Comprehensive Plan is justified. The amendment was a roved by the Planning Commission at its August 3, 2005, meeting on a 5-1 vote. Staff reco ends Council's approval. THIS ITEM WAS REMOVED OM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 8. Receive Bids and Award Con ract for 73 1/Z Avenue Street Improvement Project No. ST. 2005—3 (73 %Avenue Cu -de-Sac Extension) (Ward 2). Dr. Burns, City Manager, stated the Ci opened bids on September 21, 2005, and found Dave Perkins Contracting, Inc. to be the low idder at $93,186.00. Of this amount, Mr. Van Auken will be responsible for $60,723.50; the Ci of Fridley water funds will bear $12,500.00 for plant water line looping; and the street constructtion budget will bear $19,962.50 for the portion of the project to the east of Van Auken's cul de ac. Adjacent property use will be assessed for the replacement of bituminous curbing with c crete curbing. Dave Perkins has assured the City that the base course in concrete curbing can e completed yet this year. The completion date of November 15, 2005, contained in the bid s ecifications, has been extended to June 1, 2005. Staff recommends Council's approval. RECEIVED BIDS AND AWARDED CON RACT FOR THE 73 '/Z AVENUE STREET IMPROVEMENT PROJECT NO. ST. 200 -3 TO DAVE PERKINS CONTRACTING, INC. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 24 2005 PAGE 4 Dr. Burns, CityMana , stated Council approved the preliminary plat on June 27, 2005. Staff recommends Coun ' s approval. ADOPTED RESOLUTION NO. 2005-58. 6. Approve a Development Agreement between the City of Fridley and Timothy Van Auken (Ward 2). Dr. Burns, City Manager, stated the development agreement designates improvements to be installed at the developer's expense and provides for the control of soil erosion and contains specifications for the construction of site improvements. It also contains escrow requirements, provides for special assessments for public improvements, and incorporates all plat stipulations. Staff recommends Council's approval. APPROVED. 7. Res lution Approving a Minor Comprehensive Plan Amendment, CP #05-02, by Tim thy Van Auken for Property Located on Lots 1-6, Van Auken Addition, Gene lly Located at 1475 and 1485 73rd Avenue N.E. (Ward 2). Dr. Burns, Cit Manager, stated although the Van Auken plat is compatible for the R-3 zoning of the two parcel it is not consistent with the R-1 Future Use Designation in the Comprehensive Plan. City staff h noted the presence of other R-3 structures in the immediate vicinity of the Van Auken parcels, and has determined that a minor amendment to the Comprehensive Plan is justified. The ame me was approved by the Planning Commission at its August 3, 2005, meeting on a 5-1 vote Staff recommends Council's approval. THIS ITEM WAS MOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGE A. 8. Receive Bids and ward Contract for 73 1/z Avenue Street Improvement Project No. ST. 2005 —3 (73 '/zvenue Cul-de-Sac Extension) (Ward 2). Dr. Burns, City Manager, st ted the City opened bids on September 21, 2005, and found Dave Perkins Contracting, Inc. to b the low bidder at $93,186.00. Of this amount, Mr. Van Auken will be responsible for $60,72350; the City of Fridley water funds will bear$12,500.00 for plant water line looping; and the stree construction budget will bear $19,962.50 for the portion of the project to the east of Van Auken's cul de sac. Adjacent property use will be assessed for the replacement of bituminous curbin with concrete curbing. Dave Perkins has assured the City that the base course in concrete cur ' g can be completed yet this year. The completion date of November 15, 2005, contained in bid specifications, has been extended to June 1, 2005. Staff recommends Council's approval. RECEIVED BIDS AND AWARDED ONTRACT FOR THE 73 1/z AVENUE STREET IMPROVEMENT PROJECT NO. ST. 005-3 TO DAVE PERKINS CONTRACTING, INC. r RESOLUTION NO. 2005-58 RESOLUTION APPROVING A PLAT, P.S. #05-03, LOTS 1-6, VAN AUKEN ADDITION, BY THE CITY OF FRIDLEY, FOR THE PURPOSE OF CREATING FOUR NEW LOTS, GENERALLY LOCATED AT 1475 AND 1485—73RD AVENUE NE, FRIDLEY, MN WHEREAS, the Planning Commission held a public hearing on June 1, 2005, and recommended approval of said plat; and WHEREAS, the City Council approved the preliminary plat for 1475 and 1485 — 73rd Avenue at their June 27, 2005, meeting, with stipulations attached as Exhibit A; and WHEREAS, a copy of the final plat has been attached as Exhibit B. NOW, THEREFORE, BE IT RESOLVED, that the City Council approves the Final Plat for 1475 and 1485 —73rd Avenue and directs the petitioner to record said document at Anoka County within six months of this approval or such approval shall be null and void. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 24"DAY OF OCTOBER 2005. SCOTT fLURD -MAYOR ATTEST: "g4t4j DEBRA A. SKOGEN SCITY CLERK Page 2—Resolution— 1475 and 1485—73rd Avenue EXHIBIT A STIPULATIONS 1. Petitioner shall obtain all necessary permits prior to construction. 2. Any remaining debris from demolition of existing structures and any brush piles on site shall be removed prior to granting of final plat. 3. Grading and drainage plan to be approved by City's engineering staff prior to the issuance of any building permits, in order to minimize impacts to the surrounding properties. 4. The petitioner shall provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 5. During construction, silt fencing shall be used where applicable. 6. Petitioner to pay required park dedication fees of$3,000 prior to issuance of building permits. 7. Petitioner to pay all water and sewer connection fees,including sanitary sewer extension. 8. The petitioner shall agree to preserve mature trees to the extent possible. All trees required to be removed for the new homes shall be marked and approved by City staff prior to issuance of building permits. 9. Twin homes shall meet all parking requirements. 10. Add appropriate address and marking requirements per Fire Code. 11. The petitioner shall agree to the terms of a development agreement that shall be prepared by City staff and approved by the City Council simultaneous with their final plat approval. 12. The petitioner shall file a perpetual easement for access to Lot 1 on the records of Lot 2 and a perpetual easement for Lot 4 on the records of Lot 3. r X CITY OF FRIDLEY N COUNTY OF ANOKA VAN A UKEN ADDITION SEC 12. T 30, R. 24. s 0 3t. 60 aU WREMI AIL MEN BY THISM PRIBIRTa: flue Tiethr J.yp—n.Il le..w.r.It eM f.1—imp All—ela Pt.perty ej.u e.d Sx cM C.Imty.f Ape+,Rt.t.of NSmepM,to-xi[: SC?.LI ? !NCH = 3o7u, 0, ile.27 aN 39,AUDIT 9 SUBITI—TOR Me.129. .ec 11,e.eM umy e.aAa P3 t a.e c. eve..r.a..d Pt ..vAM A.�A THIN eAd a.Aa MreNr npA. LJ/ AM Mdiutento ellolbuted c ell Pvbilc w.focever till•venue.+IW...IllO foc d,lin.R..Id L uti Lity_Wr l Al eh.w—[M Pi+c. ]n It-11-1 veld Sill AT 1.ap Aiden.kioai.. hw MrewtI e.t hi.Mlld eNin dAy of —. pAlx ux v Lon],a n..w.9wP.A.1:•._ � arBl.a. sMY]'OYE-- - s 73 L.. X.S. N.E. 'p7311/2 AVE. N.E. s: - —eft a.vp Alxw ' rz —� 'i I Ito Io I 110 =tt.r.t. roe =emtMi in.ttW.ne w...Ap.i=axea Meote w ch1. 11.e 20,by Ti—,J.V Aub-,ellgle. DENOTES 1:2 INCH Rr 14 INYI IRON PIPE MONU.ENT 5 SET AND MARKED WITH A PLASTIC CAP INSCRIBED "RLI 20'.62". t�Nwlesien 0zplree .--' nwpu I 1 _ 2 I - �> - M.e�tereifc ehat.t n.w e.:weyea A.a Pieteea eM I—apriMe p th1K Pill..vAx 1 3 4 I GOR THE PURPOSES Of THIS PI Ai TME EASE LINE I 1 I I rj LOT 19,RPLIAUDAB. THO. P HAS AN ASBVIIN AUm 10x1 nee cniv P1.1 i,a praeec,ePre.wteti—of said pt+.Yl tMe+11 diecpce. ]ectej vh.,.on wld P-e-iwt Alli eAlle,1 of A f..e:cM[All mnlwent.Mw_ BEARING oP sWTH. Men prre.ur P3ar.a in tM gtol.la eh.h.w p wia i coot elle peeia.bprtl.ry iirce I I pet: 6 I I I Ay 1 1 C ace paxeetfy denl91ured—,aid plat:AM c1„t..ere p Pubiic eilo ye.r.etial.b t. I I I ]1 € M deeigweed p Baia Pile.other tM.a.vh.,¢thereon. d 121 M� --...--- .-- UP.41NAi3E AND unur;EASEMENTS sHowH r.us: seae L.s.—-- z niiwe..e;Mji•�•efpm Oxn,�iozsz JL �! CamtYa.f.Nxm:ul.Pln Th.t..r iIB ine[,wentw se-ed1d AT— ky Nil[m:a ."T.—el..ntl ^g ] I P. I^� BE.,ID 1EET IN'MCT.AND AOJOININO RIW-OP-WAT LINES.AND BEING F FEET iMme Very Tty1AM,x.�a y white.Nuw.c..,nipAwt. IN wDTI AND ADJOINING LOT LINES.UNLESS M w..lwi.n ORpirw lanwry 31.]010 9p 1 1 9a p OTHERNISE SHONN ON THE PLAT. ciTy ar wider mi.PIAL a MMI AIR®I A-itION w.+Ppt.ted aW+ peed by tM city-1.1'Peidley, 1 1 Mi—, wei . ng tM[pf Mla e— - Idly.f ]°_. it Let— All .f .r ,ld M xi hwY Mw Men rawfM by tM Cicy nl_--._----- L-_---- 'f ip a County 9 bgineer or the io a.r wood M.ei,P.ea.icnwt:e..iPt of pm.w.ent.+w�.cw.Nlmci—.. P.laea.by Nfw.ateCNe.e,R.cci—505.01,wbd.]. 73RD AVE. N.E:''.� ---- (C.S.A.H.No.B) MI.. N•y.r ci- 73RD yE. :.E d.y.r ]o_. 14 —1 Neil..Apx._y nm.er.r NY—LAND SURVEYING. P.A. LAND SURVRYDRS � r t.;.-t 'S t • � � �.. 1 � t ,�,� • . -� � i CITYOF FROLLY FRIDLEY MUNICIPAL CENTER•6431 UNIVERSITY AVE.N.E.FRIDLEY,MN 55432•(763)571-3450•FAX(763)571-1287 CITY COUNCIL ACTION TAKEN NOTICE July 8, 2005 Timothy Van Auken 1475 - 73d Avenue NE Fridley MN 55432 Dear Mr. Van Auken: On Monday, June 27, 2005, the Fridley City Council officially approved your request for a Preliminary Plat, PS #05-03, to replat two multiple unit residential lots to accommodate two twin homes, legally described as Lots 27 and 29, Auditor's Subdivision #129, Anoka County, Minnesota, generally located at 1475 and 1485 - 73rd Avenue NE. Approval of this Preliminary Plat is contingent upon the following stipulations: 1. Petitioner shall obtain all necessary permits prior to construction. 2. Any remaining debris from demolition of existing structures and any brush piles on site shall be removed prior to granting of final plat. 3. Grading and drainage plan to be approved by City's engineering staff prior to the issuance of any building permits, in order to minimize impacts to the surrounding properties. 4. The petitioner shall provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 5. During construction, silt fencing shall be used where applicable. 6. Petitioner to pay required park dedication fees of$3,000 prior to issuance of building permits. 7. Petitioner to pay all water and sewer connection fees, including sanitary sewer extension. 8. The petitioner shall agree to preserve mature trees to the extent possible. All trees required to be removed for the new homes shall be marked and approved by City staff prior to issuance of building permits. 9. Twin homes shall meet all parking requirements. 10. Add appropriate address and marking requirements per Fire Code. 11. The petitioner shall agree to the terms of a development agreement that shall be prepared by City staff and approved by the City Council simultaneous with their final plat approval. 12. The petitioner shall file a perpetual easement for access to Lot 1 on the records of Lot 2 and a perpetual easement for Lot 4 on the records of Lot 3. Action Taken Letter-PS #05-03-Van Auken Page 2 July 8, 2005 The Council action described above is only to approve the preliminary plat. You must have an approved final plat prior to recording at Anoka County. When the final plat has been prepared by your surveyor, a copy of the plat should be sent to the Anoka County's Surveyor's office for review. Once that review is completed, please submit three full size copies of the final plat to the Community Development Department. The Community Development staff will contact you as to which council meeting the item will be scheduled for consideration (it will be placed under the "consent agenda"). After Council action on the final plat, the mylars of the plat must be submitted to the City for signature by the Mayor and City Clerk. Once signed, the plat is ready for recording at Anoka County. The final plat must be submitted for action within six months of approval of the preliminary plat. Also, The City will be processing a Comprehensive Plan Amendment at the August 3, 2005, Planning Commission meeting and the City Council meeting on August 22, 2005. The City Council meeting date could be subject to change, due to outcome of the Planning Commission meeting. If you have any questions regarding the above action, please call me at 763-572-3590. Sincerely, Scott Hickok Community Development Director SH/jb cc: Plat File Address File Assessing Dept. GIS Dept. Special Assessing-Greg Mary Hintz Julie Jones Please review the above, sign the statement below and return one copy to the City of Fridley Planning Department by July 25, 2005. oncur with action taken. C-05-46 DEVELOPMENT AGREEMENT THIS AGREEMENT, made this �� day of Q� �� 2005, between the City of Fridley, acting through its Mayor and City Manager (hereinafter called the "City"), and Timothy Van Auken, developer, (hereinafter collectively called the "Developer"). WHEREAS, The Developer has made application to the City Council for the approval of a plat of land within the corporate limits of the City described as follows: Lot 27 and 29, Auditor's Subdivision #129, Anoka County, Minnesota (the "Subdivision"); and to be described as LOTS 1-6, BLOCK 1, VAN AUKEN ADDITION (See attached Exhibit C). WHEREAS, the City Council, by resolution #,LZ65-�� adopted 2005, granted Developer's plat request for a portion of the property to allow the construction of a four unit twin home development on the subdivision on the condition that the subdivision is developed according to the site plan, dated (901 J4 2005, (See Exhibit C) and in accordance with stipulations of approval incorporated herein by reference (See attached Exhibit A). NOW, THEREFORE, in consideration of the foregoing, it is hereby agreed as follows: 1. DESIGNATION OF IMPROVEMENTS. Improvements to be installed at the Developer's expense by the Developer as hereinafter provided are hereinafter referred to as "Developer Improvements". Improvements to be installed by the City and financed through assessment procedures are hereinafter referred to as "Public Improvements". 2. DEVELOPER'S IMPROVEMENTS. The Developer will construct and install at Developer's expense the following improvements according to the following terms and conditions: A. The Developer shall retain a licensed professional engineer to design and submit plans for approval by the City Engineer of all public and private site, 1 street, and utility improvements. The Developer shall be responsible for all costs to design, construct, inspect, and administer the improvement contract and be required to escrow funds as surety as listed in Exhibit B. Public Improvements including street construction, water main and services, sanitary sewer main and services, and storm sewer shall be on a separate set of plans from the private improvements to allow the City to bid and construct the public improvements as a City project. All plans and original survey information shall be provided to the City in an AutoCADD compatible electronic format. The Developer shall do all site grading (unless otherwise determined and approved by City Engineer), common greenway and open spaces, storm water storage ponds and surface drainage ways including sodding of boulevards, all in accordance with the approved grading, drainage and erosion control plan. A grading plan with maximum two-foot contours and cross sections as necessary shall be submitted and approved by the City prior to commencement of any site grading. The Developer shall be required to provide finished (sodded) elevation stakes and hubs for all drainage areas and any other areas as required by the City Engineer. The location of the sod elevation staking and hubs are to be located at lot corners and spaced every 20 feet. These locations must be submitted and approved on the development plan and installed at the site prior to issuance of any building permits. C. The Developer shall control soil erosion insuring: 1. All development shall conform to the natural limitations presented by the topography and soil of the subdivision in order to create the best potential for preventing soil erosion. The Developer shall submit an erosion control plan, detailing all erosion control measures to be implemented during construction, said plan shall be approved by the City prior to the commencement of site grading or construction. 2. Erosion and siltation control measures shall be coordinated with the different stages of development. Appropriate control measures as required by the City shall be installed prior to development when necessary to control erosion. 3. Land shall be developed in increments of workable size such that adequate erosion and siltation controls can be provided as construction progresses. The smallest practical area of land shall be exposed at any one period of time. 4. Where the topsoil is removed, sufficient arable soil shall be set aside for respreading over the developed area and also seeded, mulched, and disk anchored. The topsoil shall be restored to a depth of at least four(4) inches and shall be of a quality at least equal to the soil quality prior to development. D. Upon issuance of a building permit for a lot, the Developer is responsible to notify the builders and individual owners within the development that they 2 assume and are responsible for erosion control, including sodding of boulevards, seeding or sodding of the front and side yards of all lots, tree protection and protection of water and sewer services. Such notification shall not relieve the Developer of the responsibility for such items as required under this contract. Any violation will be cause for red tagging the site by the City Building Official, or designee, and all inspections will cease until corrected. E. The Developer shall place iron monuments at all lot and block comers and at all other angle points on boundary lines. Iron monuments shall be placed after all street and lawn grading has been completed in order to preserve the lot markers for future property owners. F. The Developer shall make all necessary adjustments to the curb stops to bring them flush with the topsoil (after grading). G. The Developer shall remove and/or treat all dead or diseased trees (as determined by the CityForester) before building permits will be issued. Burying or burning of trees or construction debris is not permitted on the site. Trees, tree stumps, or construction debris shall be removed from the plat. The Developer shall mow all tall grass and weeds on vacant lots and boulevard areas periodically throughout the season or as required by the City. Performance shall be guaranteed by the financial guarantee recited herein. H. The Developer shall be responsible for street maintenance, including curbs, boulevards, sod and street sweeping until the project is complete. All streets shall be maintained free of debris and soil until all lots within the Subdivision have homes constructed upon them. Warning signs shall be placed when hazards develop in streets to prevent the public from traveling on same and directing attention to detours. If and when the street becomes impassible, such streets shall be barricaded and closed. In the event residences are occupied prior to completing streets, the Developer shall maintain a smooth driving surface and adequate drainage on all temporary streets. Performance shall be guaranteed by the financial guarantee recited herein. I. The Developer shall be responsible for securing all necessary approvals and permits from all appropriate Federal, State, Regional and Local jurisdictions prior to the commencement of site grading or construction and prior to the City awarding construction contracts for public utilities. J. The Developer shall make provisions that all gas, telephone, cable television (if available)and electric utilities shall be installed to serve the development. K. On a corner lot, the front entrance shall face a designated front yard as determined by the City and the assigned address. L. Estimated cost of Developer's improvements, description and completion dates are as listed in the Attached Exhibit B: 3 Furthermore, Developer shall be responsible for all of the development costs and fees outlined in the Stipulations listed in Exhibit A, attached hereto and made a part hereof. M. Construction of Developer's Improvements: 1. Construction. The construction, installation, materials and equipment shall be in accordance with the plans and specifications approved by the City. 2. Inspection. All of the work shall be under and subject to the inspection and approval of the City and, where appropriate, any other governmental agency having jurisdiction. 3. Easements. The Developer shall dedicate to the City, prior to approval of the final plat, at no cost to the City, all permanent or temporary easements necessary for the construction and installation of the Developer's Improvements as determined by the City. All such easements required by the City shall be in writing, in recordable form, containing such terms and conditions as the City shall determine. 4. Faithful Performance of Construction Contracts. The Developer will fully and faithfully comply with all terms and conditions of any and all contracts entered into by the Developer for the installation and construction of all Developer's Improvements and hereby guarantees the workmanship and materials for a period of one year following the City's written final acceptance of the Developer's Improvements. Concurrently with the execution hereof by the Developer, the Developer will furnish to, and at all times thereafter maintain with the City, a cash deposit, certified check, or Irrevocable Letter of Credit, based on one hundred fifty (150%) percent of the total estimated cost of Developer's Improvements and Public Improvement Contract Administration as indicated in Exhibit B. The Irrevocable Letter of Credit shall be for the exclusive use and benefit of the City of Fridley and shall state thereon that the same is issued to guarantee and assure performance by the Developer of all the terms and conditions of this Development Contract and construction of all required improvements in accordance with the ordinances and specifications of the City. The City reserves the right to draw, in whole or in part, on any portion of the Irrevocable Letter of Credit for the purpose of guaranteeing the terms and conditions of this contract. The Irrevocable Letter of Credit shall be automatically renewed or replaced by not later than thirty (30) days prior to its expiration with a like Letter of Credit. 5. Reduction of Escrow Guarantee. The Developer may request reduction of the Letter of Credit, or cash deposit based on prepayment of the value of the completed improvements at the time of the requested reduction. The amount of the reduction shall be determined and approved by the City Engineer. 4 P. The Developer shall provide a licensed professional engineer or their duly authorized representative to oversee at the Developer's expense the Developer's improvements until such improvements are completed and accepted by the City. Q. Upon written final acceptance of the Developer's improvements by the City Engineer, a one year maintenance bond shall be provided by the Developer for any areas not covered by the Minnesota Pollution Control Agency (NPDES) erosion control permit. The warranty will include but not be limited to the cost of turf restoration and erosion control. 3. CITY INSTALLED IMPROVEMENTS In accordance with the policies and ordinances of the City, the following described improvements (hereinafter collectively called the "Public Improvements"), as referenced in the plans and specifications adopted by the City Council shall be constructed and installed by the City to serve the Subdivision on the terms and conditions herein set forth: A. Street grading, graveling and stabilizing, including construction of berms and boulevards (hereinafter called "Street Improvements"); B. Storm sewers, when determined to be necessary by the City Engineer, including all necessary mains, catch basins, inlets and other appurtenances (hereinafter called "Storm Sewer Improvements"); C. Sanitary sewer mains, laterals or extensions, including all necessary building services and other appurtenances (hereinafter called "Sanitary Sewer Improvements"); D. Water mains, laterals or extensions, including all necessary building services, hydrants, valves and other appurtenances (hereinafter called "Watermain Improvements"); E. Permanent street surfacing, sidewalks/trails (when required) including concrete curb and gutter (hereinafter called "Permanent Street Improvements"). F. Standard street name signs at all newly opened intersections (hereinafter called "Traffic Signing Improvements") G. 1. Construction Procedures. All such improvements set out in Paragraph 3.A-F above shall be instituted, constructed and financed as follows: The City shall commence proceedings pursuant to Minnesota Statute 429 providing that such improvements be made and assessed against the benefited properties. After preparation of preliminary plans and estimates by the City Engineer, an improvement hearing, if required by law, will be called by the City Council for the purpose of ordering such 5 improvements. After preparation of the final plans and specifications by the City Engineer, bids will be taken by the City and contract awarded for the installation of improvements under the City's complete supervision. 2. Security Lew of Special Assessments and Required Payment Therefore. Prior to the approval of final plans and specifications for the construction of said improvements, the Developer shall provide to the City a cash escrow or letter of credit in an amount equal to one hundred five percent (105%) of the total estimated cost of said improvements as approved by the City Engineer and indicated in Exhibit B. Said cash escrow, including accrued interest thereon, or letter of credit, may be used by the City upon default by Developer in the payment of special assessments pursuant hereto, whether accelerated or otherwise. That such cash escrow or letter of credit shall remain in full force,and effect throughout the term of the special assessments, except, the amount of such escrow or letter of credit may be reduced, upon the request of the Developer, at the City's option, but in no event shall be less than the total of the outstanding special assessments against all properties within the Subdivision. The entire cost of the installation of such improvements, including any reasonable engineering, legal and administrative costs incurred by the City, shall be assessed against the benefited properties within the Subdivision in ten (10) equal annual installments with interest on the unpaid installments at a rate not to exceed the maximum allowed by law. In the event any payment is not made on the dates set out herein, the City may exercise its rights pursuant to Paragraph 3.G.4 hereof. The Developer waives any and all procedural and substantive objections to the installation of the public improvements and the special assessments, including but not limited to hearing requirements and any claim that the assessments exceed the benefit to the property. In the event the total of all City Installed Improvements is less than originally approved by the City Engineer in his feasibility report, Developer waives all rights they have by virtue of Minnesota Statute 429.081 or otherwise to challenge the amount or validity of amounts, or the procedure used by the City in levying the assessments and hereby releases the City, its officers, agents, and employees from any and all liability related to or arising out of the levy of the assessments. 3. _Required Payments of Special Assessments by Developer. Developer, its heirs, successors or assigns hereby agrees that within thirty (30) days after the issuance of a certificate of occupancy for a residence on a lot located within the Subdivision which is assessed for the cost of such improvements, the Developer, its heirs, successors or assigns, agrees, at its own cost and expense, to pay the entire unpaid improvement costs assessed or to be assessed under this agreement against such property. If a certificate of occupancy is issued before the special assessments have been levied, the Developer, its heirs, successors or assigns shall pay the City the sum of cash equal to the Engineer's estimate of the special assessments for such improvements that would be levied against the property. Upon such payment the City shall issue a certificate showing the assessments are paid in full. Notwithstanding the issuance of said 6 certificate, the Developer shall be liable to the City for any deficiency and the City shall pay the Developer any surplus arising from the payment based upon such estimate. 4. Acceleration Upon Default. In the event the Developer violates any of the covenants, conditions or agreements herein contained to be performed by the Developer, violates any ordinance, rule or regulation of the City, County of Anoka, State of Minnesota or other governmental entity having jurisdiction over the plat, or fails to pay any installment of any special assessment levied pursuant hereto, or any interest thereon, when the same is to be paid pursuant hereto, the City, at its option, in addition to its rights and remedies hereunder, after ten (10) days' written notice to the Developer, may declare all of the unpaid special assessments which are then estimated or levied pursuant to this agreement due and payable in full, with interest. The City may seek recovery of such special assessments due and payable from the security provided in Paragraph 3.G.2 hereof. In the event that such security is insufficient to pay the outstanding amount of such special assessments plus accrued interest the City may certify such outstanding special assessments in full to the County Auditor pursuant to M.S. 429.061, Subd. 3 for collection the following year. The City, at its option, may commence legal action against the Developer to collect the entire unpaid balance of the special assessments then estimated or levied pursuant hereto, with interest, including reasonable attorney's fees, and Developer shall be liable for such special assessments and, if more than one, such liability shall be joint and several. Also, if Developer violates any term or condition of this agreement, or if any payment is not made by Developer pursuant to this agreement the City, at' its option, may refuse to issue building permits to any of the property within the plat on which the assessments have not been paid. 4. RECORDING AND RELEASE. The Developer agrees that the terms of this Development Contract shall be a covenant on any and all property included in the Subdivision. The Developer agrees that the City shall have the right to record a copy of this Development Contract with the Anoka County Recorder to give notice to future purchasers and owners. This shall be recorded against the Subdivision described on Page 1 hereof. City shall provide to Developer upon payment of all the special assessments levied against a parcel a release of such parcel from the terms and conditions of this Development Contract subject to provisions contained in second paragraph of Section 3.G.3 on page 6. 5. REIMBURSEMENT OF COSTS. The Developer agrees to fully reimburse the City for all costs incurred by the City including, but not limited, to the actual costs of construction of said improvements, engineering fees, legal fees, inspection fees, interest costs, costs of 7 acquisition of necessary easements, if any, and any other costs incurred by the City relating to this Development Contract and the installation and financing of the aforementioned improvements. 6. BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY. Where a platted street intersects an existing publicly maintained road, the City Building Official will-only issue building permits on lots that are within 150 feet of a hard surfaced roadway. In the event lots are more than 150 feet from a hard surfaced roadway, the Developer shall construct a service road to provide access to these lots as required by the City. The Developer shall submit a plan to the City for approval identifying the location of the proposed access roads and the lots being requested for building permits. Building permits can be requested for the remaining lots within the development after the first lift of the asphalt has been installed on the street. The City shall require that a "Hold Harmless Agreement" be provided by the developer if the drainage improvements serving the development (i.e. ponds, outlet structures, and overflow pipes) are not completed prior to a building permit being issued. No certificate of occupancy will be issued on any lot that abuts a pond unless the pond infrastructure is completed according to the City approved plan. No Certificate of Occupancy permit shall be issued for any house in the plat until the following have been completed: A. A letter from the Developer's engineer certifying the plat has been graded according to the grading, drainage and erosion control plan as approved by the City. The Developer will notify the City a minimum of two (2)weeks prior to any Certificate of Occupancy permit being issued. B. Removal/treatment of all dead, dying or diseased trees, as determined by the City Forester, from the property at the owner's expense or escrow for any remaining trees that will need to be removed. Stockpiling the dead trees on the lot for resident's removal for firewood will be acceptable only after the lot has been graded to plan. C. The first lift of street asphalt surface, sanitary sewer, storm sewer and water main, has been constructed, considered operational, and approved by the City 8 Engineer. The Developer will notify the City a minimum of two (2)weeks prior to any Certificate of Occupancy permit being issued. D. The Developer will notify the City a minimum of two (2) weeks prior to any Certificate of Occupancy permit being issued to allow adequate time for an inspection to be completed of all the required improvements. The Developer further agrees that they will not cause to be occupied, any premises constructed upon the plat or any property within the plat until the completion of the gas, electric, telephone, cable television (if available), streets to asphalt surface, sanitary sewer, storm sewer and water main, unless the City has agreed in writing to waive this requirement as to a specific premises. Seeding and sodding of the lot shall be completed as specified by City Code. In the event a lot has not had the required 4 inches of black/organic dirt spread and been seeded or sodded prior to issuance of a Certificate of Occupancy, the builder shall post a $2,500 cash escrow to assure that the lot will have black dirt and a lawn established within six months. Escrowing prior to issuance of the Certificate of Occupancy shall also be required for incomplete items. The City Building Official will issue a stop work order for violation of silt fencing, erosion control and tree protection. 7. CLEANUP. Developer shall promptly clean dirt and debris from streets daily and surrounding properties that have resulted from construction by the Developer, its agents or assigns. Performance shall be guaranteed by the financial guarantee recited herein. The City reserves the right to perform such work as necessary and assess all cost to the developer. The Developer shall be responsible for rubbish blown off the building site. 9 8. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction required by this contract and acceptance by the City, the improvements lying within the public easements shall become City property without further notice or action. 9. INSURANCE. Developer and/or all its subcontractors shall take out and maintain until one (1) year after the City has accepted the private improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of his subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than Five Hundred Thousand and no/100 ($500,000.00) Dollars for one person and One Million and no/100 ($1,000,000.00) Dollars for each occurrence; limits for property damage shall be not less than Three Hundred Thousand and no/100 ($300,000.00) Dollars for each occurrence; or a combination single limit policy of One Million and no/100 ($1,000,000.00) Dollars or more. The City shall be named as an additional insured on the policy, and the Developer or all its subcontractors shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given ten (10) days advance written notice of the cancellation of the insurance. The certificate may not contain any disclaimer for failure to give the required notice. 10. REIMBURSEMENT OF COSTS FOR DEFENSE. The Developer agrees to reimburse the City for all costs incurred by the City in defense of enforcement of this contract, or any portion thereof, including court costs and reasonable engineering and attorneys' fees. 11. VALIDITY. If any portion, section, subsection, sentence, clause, paragraph or phrase in this contract is for any reason held to be invalid by a court of competent 10 jurisdiction, such decision shall not affect or void any of the other provisions of the Development Contract. 12. GENERAL. A. Binding Effect. The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Subdivision and shall be deemed covenants running with the land. B. Notices. Whenever in this agreement it shall be required or permitted that notice or demand be given or served by either party to this agreement to or on the other party, such notice or demand shall be delivered personally or mailed by United States mail to the addresses hereinbefore set forth on Page 1 by certified mail (return receipt requested). Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. The addresses of the parties hereto are as set forth on Page 1 until changed by notice given as above. C. Final Plat Approved. The City agrees to give final approval to the plat of the Subdivision upon execution and delivery of this agreement and of all required petitions, bond and security. D. Incorporation by Reference. All plans, special provisions, proposals, specifications and contracts for the improvements furnished and let pursuant to this agreement shall be and hereby are made a part of this agreement by reference as fully as if set out herein in full. E. Assignment and Third Party Benefits. This development contract cannot be assigned or transferred without the written consent of the City. There is no intent to benefit any third parties and third parties shall have no recourse against the City under this contract. F. Clerical Revisions. In the event that any technical or clerical revisions are needed in this document or if for any reason the County Recorder deems the development contract un-recordable, the Developer shall cooperate with the City in the execution or amendment of any revised development contract. 13. REMEDIES FOR VIOLATIONS OF CONTRACT. In the event the Developer, builder, or any subcontractor violates any of the covenants and agreements contained in this Development Contract and that may be performed by the Developer, builder, or subcontractor, the City, at its option, in addition to the rights and remedies as set out hereunder, may refuse to issue building permits to any property within the plat until such time as such default has been inspected and corrected to the satisfaction of the City. Furthermore, in the event of default by the Developer as to any of the work performed by it hereunder, the City may at its 11 option, perform the work of the Developer and the Developer shall promptly reimburse the City for any expense incurred by the City within thirty (30)days. Failure to do so shall result in the City withholding the letter of credit. If the plat is a phase of a multi-phase preliminary plat, the City may refuse to approve final plats of subsequent phases if the Developer has breached this contract and the breach has not been remedied. 14 SIGNED AND EXECUTED by the parties hereto on this 14-tc day of 2005 DEVELOPER CITY OF FRIDLEY P J(717t Owner: � 2 �. By: Timothy an Auken Scott J. Lura. Maor ATTEST: Debra A. S 12 EXHIBIT A - STIPULATIONS APPROVED BY FRIDLEY CITY COUNCIL 1. Petitioner shall obtain all necessary permits prior to construction. 2. Any remaining debris from demolition of existing structures and any brush piles on site shall be removed prior to granting of final plat. 3. Grading and drainage plan to be approved by City's engineering staff prior to the issuance of any building permits, in order to minimize impacts to the surrounding properties. 4. The petitioner shall provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 5. During construction, silt fencing shall be used where applicable. 6. Petitioner to pay required park dedication fees of$3,000 prior to issuance of building permits. 7. Petitioner to pay all water and sewer connection fees, including sanitary sewer extension. 8. The petitioner shall agree to preserve mature trees to the extent possible. All trees required to be removed for the new homes shall be marked and approved by City staff prior to issuance of building permits. 9. Twin homes shall meet all parking requirements. 10. Add appropriate address and marking requirements per Fire Code. 11. The petitioner shall agree to the terms of a development agreement that shall be prepared by City staff and approved by the City Council simultaneous with their final plat approval. 12. The petitioner shall file a perpetual easement for access to Lot 1 on the records of Lot 2 and a perpetual easement for access to Lot 4 on the records of Lot 3. 13 EXHIBIT B - DESCRIPTION, ESTIMATED COST, AND PROPOSED COMPLETION DATES OF DEVELOPER'S AND PUBLIC IMPROVEMENTS I. Developer's Improvements Estimated Cost Completion 1. Site grading, certification letter, as-builts $ -0- 2. Lot Stakes $ -0- 3. Diseased Tree Removal $ -0- 4. Erosion control, sweeping, tree protection $ 1,000 on-going 5. Installation of sod on boulevards $ 2,500 on-going I. Total Estimated Cost for Developer's Improvements $ 3,500.00 11. Public Improvements Contract Admin. Estimated Cost Completion 1. Design of Public Improvements $ -0- 2. Construction staking and survey $ -0- on-going 3. Street and Utility As-Builts $ -0- II. Total Estimated Cost for C.A. of Public Improvements $ -0- Developers Improvements and Contract Administration Total (1 +II) $ 3,500 Estimated Legal, Inspection, and Administrative Cost (15%) $ -0- Security Requirement (150%) $ 5,250.00 14 III. Public Improvements Construction Costs Estimated Cost Completion 1. Site Grading $ -0- _/_/ 2. F & I Water Main and Services $ 20,900 6 / 1 / 06 3. F & I Sanitary Sewer Main and Services $ 11,475 6 / 1 / 06 4. Street Grading, Concrete Curb and Surface $ 60,811 6 / 1 / 06 III. Total Estimated Construction Cost of Public Improvements $ 93,186.00 Developer's Cost of Improvements $ 60,723.50 Construction Security Required (105%) $ 63,759.68 15 EXHIBIT C or), op FRIDLEY COUNTY OF ANOKA VAN AUKEN ADDITION 10 I.-d by City IM LAND SURVEYORS | � � | / | / � | � � The space above this line is reserved for recording data. DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS THIS DECLARATION is made in the County of Anoka, State of Minnesota, on this day of 2005, by Timothy J.Van Auken,a single person,(the"Declarant'). WHEREAS,Declarant is the owner of certain property in Anoka County,Minnesota,which is more particularly described as: Lots 1 and 2,Block I VAN AUKEN ADDITION,according to the plat thereof on file or of Record in the Office of the County Recorder in and for Anoka County,Minnesota. WHEREAS,Lot 1,Block 1,VAN AUKEN ADDITION, is also known as 1478 - 73 '/Z Avenue N.E., Fridley,Minnesota 55432. WHEREAS,Lot 2,Block 1,VAN AUKEN ADDITION, is also known as 1480 - 73 '/2 Avenue N.E., Fridley,Minnesota 55432. WHEREAS,there is a dwelling unit and attached garage [hereinafter"Unit'] constructed on each Lot, which Units share common Party Walls,which is centered along the common boundary line between the two lots. WHEREAS,Declarant desires to establish on the Property, a plan for these properties to be owned, occupied and operated for the use,health, safety and welfare of its resident Owners and Occupants,and for the purpose of preserving the value,the structure quality,and the original architectural and aesthetic character, of the Property. WHEREAS,the real property described herein is not subject to the Minnesota Common Interest Ownership Act,MINN. STAT.Chapter 515B. THEREFORE,Declarant makes this Declaration,declaring that this Declaration shall constitute covenants to run with Property, and that the Property, shall be owned,used occupied and conveyed subject to the covenants,restrictions,easements,charges and liens set forth herein,all of which shall be binding upon and inure to the benefit of all persons owning or acquiring and right,title or interest therein, and their heirs, personal representatives, successors and assigns. A. APPURTENANCES AND EASEMENTS A.1 Access Easements. Each Lot shall have an appurtenant easement for emergency access Purposes over,under, and across the other Lot, subject to any restrictions set forth in this Declaration. A.2 Utilities and Services. Each Lot has appurtenant easements for services and Utilities serving the Unit on each Lot, and for maintenance,repair,and replacement of such services and utilities,over,under,and across the other Lot, subject to any restrictions set forth in this Declaration. A.3. Encroachment Easements. Each Unit,and rights of the Owners and Occupants therein, shall be subject in favor of the adjoining to an exclusive easement for encroachmentsJ g Units for walls,roof overhangs,utility installations and other appurtenances which are part of the original construction of the adjoining Unit.If there is an encroachment by a Unit,or other building or improvement located in a Unit,upon another Unit as a result of the construction reconstruction,repair, shifting,settlement or movement of any part of the Property, an appurtenant easement for the encroachment, for the use, enjoyment and habitation of any encroaching Unit, building or improvement,and for the maintenance thereof, shall exist;provided that with respect to .--nprovements or alterations added after the date of this Declaration,no easement shall exist unless the same is been approved in a recordable writing by the other Owner,as required by this Declaration. Such isements shall continue for as long as the encroachment exists and shall not affect the marketability of title. A.4. Easement for Maintenance,Repair,Replacement and Reconstruction. Each Unit and the rights of the Owners and Occupants thereof, shall be subject to the rights of the Owner of the other Lot to an exclusive, appurtenant easement on and over the Lots and Units for the purposes of maintenance,repair,replacement and reconstruction of the Party Wall and common structural elements,and utilities serving the Units. A.5 Continuance and Scope of Easements. Notwithstanding anything in this Declaration to the contrary, in no event shall an Owner or Occupant be denied reasonable access to his or her Unit or the right to utility services thereto. The easements set forth here shall supplement and not limit any easement described elsewhere in this Declaration or recorded,and shall include reasonable access to the easement areas through the Units and the Lots for purposes of maintenance, repair, replacement and reconstruction. A.6. Easements are Appurtenant. All easements and similar rights burdening or benefiting a Lot or any other part of the property shall be appurtenant thereto,and shall be permanent, subject only to termination only by unanimous writing of all Lot Owners or by the terms of the specific easement. Any recorded easement benefiting or burdening the Property shall be construed in a manner consistent with, and not in conflict with, the easements created by this Declaration. A.7. Impairment Prohibited.No person shall materially restrict or impair any easement benefiting or burdening the Property. B. PARTY WALLS AND OTHER COMMON ELEMENTS B.I. General Rules of Law to Apply. Each wall which is built as a part of the original construction of the homes upon the Properties and placed on the dividing line between the Lots and those walls forming the perimeter of the interior easement, including covered structural components and the roof system over the party wall,shall constitute a party wall,and to extend not inconsistent with the provisions of this Declaration,the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply thereto. B.2. Sharing of Repair and Maintenance. The cost of reasonable repair and maintenance of a party wall shall be shared by the Owners who make use of the wall in proportion to such use, provided that any maintenance, repair or replacement necessary due to the acts or omissions of a certain Owner or Occupant sharing such party wall shall be paid for by such Owner. B.3. Destruction by Fire or Other Casualty. If a party wall is destroyed or damaged by fire or other casualty,any Owner who has used the wall may restore it,and the other Owners thereafter shall contribute to the cost of restoration thereof in proportion to such use without prejudice,however,to the right of any such Owners to call for a larger contribution from the others under any rule of law regarding liability for negligent or willful acts or omissions. Insurance claims shall be made promptly following any casualty. B.4. Weatherproofing. Notwithstanding any other provision of this Declaration,an Owner who by his negligent or willful act causes the party wall to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements. B.5. Right to Contribution Runs With Land. The right of any owner to contribution from any other Owner under this Declaration shall be appurtenant to the Unit and shall pass to such Owner's assign and successors in title. B.6. Insurable Claims. An Owner shall not assert his or her right of contribution from another Owner until all claims have been submitted to both homeowners' insurance policies and either rejected or only partially paid. C. RESTRICTIONS ON USE OF PROPERTY C.I. General. All Owners and Occupants,and all secured parties,by their acceptance or assertion of an interest in the Property, or by their occupancy of a Unit, covenant and agree that,the occupancy,use, operation, alienation and conveyance of the Property shall be subject to the following restrictions.The Property shall be owned, conveyed, encumbered, leased,used and occupied subject to this Declaration,as amended from time to time. All covenants,restrictions and obligations set forth herein shall run with the Property and be a burden and benefit to all Owners and Occupants and to any other Person acquiring or owning an interest in the Property,their heirs,personal representatives, successors and assigns. C.2. Subdivision Prohibited. No Unit or Lot may be subdivided or partitioned without the prior written approval of all Owners and all secured parties holding first mortgages on the Units. C.3. Residential Use. The Units shall be used by Owners and Occupants and their guests exclusively as private, single family residential dwellings, and not for transient,hotel,commercial, business or other non- residential purposes. "Residential use"shall be determined by the ordinances and regulations of the City of Fridley, Minnesota. CA. Business Use Restricted. No business,trade, occupation or profession of any kind,whether carried on for profit or otherwise, shall be conducted,maintained or permitted in any Unit of on any Lot; except an Owner or Occupant residing in a Unit may keep and maintain his or her business or professional records in such Unit and handle matters relating to such business by telephone or correspondence therefrom,provided that such uses are incidental to the residential use,do not involve physical alteration of the Unit and do not involve any observable business activity such as signs,advertising displays, bulk mailings,deliveries, or visitation or use of the Unit by customers or employees. If a use is not determined by the foregoing provisions,"business use"of a dwelling unit shall be determined by the ordinances and regulations of the City of Fridley,Minnesota. C.5. Leasing. Leasing of Units shall be allowed, subject to the following conditions: (i)that no Unit shall be leased for transient or hotel purposes,)ii)that no Unit may be subleased,(iii)that all leases shall be in writing and shall be for a term of not less than six(6)months,and(iv)that all leases shall provide that they are subordinate to and subject to this Declaration,and(v)that any failure of the lessee to comply with the terms of this Declaration shall be a default under the lease. C.6. Parking. Garages and driveway areas on each Lot shall be used only for parking of vehicles owned or leased by Owners and Occupants and their guests. Owners,Occupants and their guests shall park only on their own portion of their driveway adjacent to the Unit. No Owner or Occupant shall park in a portion of the driveway as to obstruct any other Owner from accessing such Unit and garage or to obstruct any other Owner from accessing such Unit and garage in violation of any cross easement agreement between the Owners regarding use and access to such Unit and garage. C.7. Outside Storage. Outside storage of items, including but not limited to, sporting equipment,toys, outdoor cooking equipment,yard and garden tools and trash and garbage containers shall not be stored outside. No boats, snowmobiles,motorcycles,trailers,camping vehicles,tractor/trailers,trucks in excess of 9,000 pounds gross weight or passenger vehicles that are not currently licensed or passenger vehicles that do not operate shall at any time be stored or parked outside of a garage. C.8. Animals. No animals may be bred,or kept or maintained for business or commercial purposes, anywhere on the Property,except that dogs, cats and other household pets may be kept pursuant to the ordinances and regulations of the City of Fridley,Minnesota. All pets must be restrained on the Owner's Lot by fencing or by a leash. Pet waste shall be promptly removed and lawfully disposed by the Owner of the pet. C.9. Quiet Enjoyment; Interference Prohibited. All Owners and Occupants and their guests shall have a right of quiet enjoyment in their respective Units, and shall use the Property in such a manner as will not cause a nuisance, nor unduly restrict,interfere with or impede the use of the Property by other Owners and Occupants and their guests. C.10. Compliance with Law. No use shall be made of the Property which would violate any then exiting municipal codes or ordinances, or state or federal laws,nor shall any act or use be permitted which could cause waste to the Property, case a material increase in insurance rate on the Property, or otherwise cause any unusual liability,health or safety risk, or expense,for any Owner or Occupant. C.11. Alterations. No alterations, changes, improvements,repairs or replacement of any type,temporary or permanent, structural, aesthetic or otherwise(collectively referred to as"alterations")shall be made. Or caused or allowed to be made, by any Owners or Occupant, or their guests,to any part of the roof system siding, exterior doors,windows,driveways, retaining walls, landscaping,or in any part of a Unit which is visible from the exterior of the Unit,without the prior written authorization of the other/adjoining Owner. There shall be no alterations to the outside appearance of the Units, including without limitation the exterior paint color(s), the siding material, the roofing material,and landscaping without the prior written authorization of the other/adjoining Owner. Any alteration shall principally use materials of the same quality,kind,color,height, length and character as those originally installed on each Living Unit. C.12. Time Shares Prohibited. The time share form of ownership, or any comparable form of lease, occupancy rights or ownership which has the effect of dividing the ownership or occupancy of a Unit into separate time periods,is prohibited. C.13. Fences. Any fences erected shall be approved by all Owners prior to construction. Fences erected on the common boundary between the two Lots shall be governed by the same covenants as contained herein for the Party Wall. C.14. Exterior Antennas. Antennas may not be erected, installed or maintained on the exterior of any Unit or on any Lot except in accordance with the ordinances and regulations of the City of Fridley,Minnesota. C.15. Landscaping. Except for retaining walls and fences which are common to both Lots,each Owner shall maintain finished landscaping over all earthen portions of the Lot except those portions which area covered by impervious surfaces such as driveways and sidewalks. D. MAINTENANCE D.1. Maintenance by Owners. Each owner of a Lot shall maintain his/her Lot and the exterior of his/her Unit in good condition and repair. Materials used for the roof system,the siding,the exterior trim,windows, and doors shall be identical in quality, composition and color for the two Lots. The Owners of the two Lots, when necessary, for the purpose of preserving the architectural character, quality,and uniform and high standards for appearance of the Property, shall provide for all maintenance, repair or replacement(collectively referred to as"maintenance")for exterior maintenance upon each Unit: paint and replace roofs, gutters, downspouts,decks, garage doors(except hardware),exterior siding,trim, and other building surfaces repair and replace siding,trim elements,roofmg, and fencing: and provide for lawn,shrub and tree maintenance on all landscaping. All maintenance of each Lot and Unit shall be the sole responsibility and expense of the respective Owners thereof. However,the Owners and Occupants shall have a duty to promptly notify the other Owners of defects in or damage to those parts of the Property which the other Owner is obligated to maintain. To the greatest extent possible,the Owners shall conduct exterior maintenance together or under one contract: painting, of the exterior of the Units;replacement of exterior trim and siding; replacement of the roof over one Unit shall require the replacement of the roof over the other Unit; driveways shall be maintained and repaired at the same time; and other such mutually beneficial work shall be performed concurrently for both Lots and both Units.The expense of repairing,maintaining, and replacing entire exterior systems(such as the roof, siding, or trim)shall be shared equally b the Owners of the two Units. Incidental or minor repairs, maintenance or replacement of the exterior components of only one Unit shall be the sole responsibility and expense of the Unit's Owner. D.2. Damage Caused by Owner. Notwithstanding any provision to the contrary, if: a. In the judgment of one Owner,the need for maintenance or repairs of any part of the Property is caused by the willful or negligent act or omission of an Owner or Occupant, or their guests,or by a condition in a Unit which the Owner or Occupant has willfully or negligently allowed to exist;and, b. If the damaged or deteriorated element has been claimed and rejected as an item which is not covered as an insured casualty or insured peril under the ten-current homeowner's insurance; Then the other Owner may commence an alternative dispute resolution proceeding in accordance with the alternative dispute resolution provisions hereinafter contained in this Declaration to determine the cause of such damage or condition and to determine the necessity of such maintenance,repairs or corrections. E. INSURANCE E.I. Required Coverage. Each Owner shall,to the extent reasonably available, obtain and maintain,a policy or policies of insurance issued by a reputable insurance company or companies authorized to do business in the State of Minnesota, as follows. Each Owner shall maintain property insurance in broad form covering all risks of physical loss in an amount equal to one hundred percent(100%)of the insurable"replacement cost"of the Property, less deductibles,and without deductions for depreciation. Each Owner shall maintain comprehensive public liability insurance covering the ownership,existence, management, use,operation and maintenance of the property,with minimum limits of$300,000 per occurrence,against claims for death, bodily injury and property damage,and such other risks as are customarily covered by such policies for projects similar in construction,location and use to the Property. Duplicate originals of an Owner's policy of physical damage insurance and of all renewals of such insurance,together with proof of payment of premiums, shall be delivered to the other Owner,and if requested,to the Owner's Mortgagee,ten(10)days prior to the then current policies. The Owners shall not do or permit any act or thing to be done in or to the Party Wall which is contrary to law or which invalidates or is in conflict with the Owner's policy of physical damage insurance. To the extent commercially practicable or reasonable,the Owners of the Lots shall maintain such casualty insurance coverage with the same insurance company. In the event the Owners cannot agree on which casualty insurance company to retain and insurance is procured through different casualty insurance companies, each Owner will be required to procure and maintain an endorsement to such insurance company providing that the insurance provider may not deny coverage to such Owner due to any fault,negligence or action of the adjoining Owner. E.2. Application of Insurance Proceeds. In the event of a property casualty,the proceeds of the Owner's insurance shall be used to rebuild, repair, and replace the damaged components if either Owner desires to have the property rebuilt,repaired,or replaced. This provision supersedes any provision to the contrary in any mortgage encumbering the property recorded or filed after the recording or filing date of this Declaration. E.3. Waiver of Subrogation. To the extent permitted by the standard Mimiesota form of fire and extended coverage insurance with all risk endorsements and to the extent benefits are paid under such a policy,the Owners of each Lot do hereby mutually release the Owners of the other Lot,and their respective officers, agents, employees and invitees,for all claims for damage or destruction of their respective physical properties if such damage or destruction results from one or more of the perils covered by the standard Minnesota form of fire and extended coverage insurance. To the extent reasonably available,each Owner shall obtain a waiver of subrogation by the insurer in the homeowner's insurance policy wherein the insurer waives its right of subrogation to any claim which is within the class of possible claims that have herein been mutually released by and between the respective Owners. F. RECONSTRUCTION, CONDEMNATION AND EMINENT DOMAIN F.I. Reconstruction. Any repair or reconstruction of a Unit shall be substantially in accordance with the plans and specifications of the Property as initially constructed and subsequently improved. F.2. Condemnation and Eminent Domain. In the event of a taking of any part of the Property by condemnation or eminent domain, each Owner shall have the right to prove damages to their respective property and to retain all proceeds. In connection with any Party Wall or shared structural component,the Owner of a Unit that is not taken by eminent domain shall have the right to have the remainder of the other structure demolished and to claim damages for lateral support for the remaining Unit. Eligible Mortgagees shall be entitled to priority for condemnation awards in accordance with the priorities established by their respective mortgages. G. DISPUTE RESOLUTION G.I. Mediation and Arbitration for Maintenance and Repair Disputes. In the event that: a. the Owners are unable to agree on the determination that an item of repair,replacement or maintenance is immediately necessary; or, b. the Owners are unable to agree on the scope and cost of a necessary repair; or, c. the Owners are unable to agree on the determination of Owner negligence,willful act,or omission as the cause of a necessary repair; and d. if the damaged or deteriorated element has been claimed and rejected as an item which is not covered as an insured casualty or insured peril under the then-current homeowner's insurance; then the questions of necessity, cost,and/or cause shall be submitted immediately to binding arbitration in accordance with the arbitration provisions recited below. In the event of any other dispute arising concerning maintenance,repair or replacement of a party wall, exterior components, landscape ore other common or shared elements,and if the same is not resolved within thirty(30)days of the event causing the dispute,the matter shall be submitted to mediation,through a mutually agreeable mediation provider. In the event the Owners reach and impasse,the matter in dispute shall be submitted to binding arbitration at a mutually agreeable arbitration provider. The Rules of Arbitration within Minnesota Statutes shall apply. In the event the Owners in dispute cannot choose a mutually agreeable arbitration provider,each Owner shall choose an arbitrator.The two arbitrators so chosen shall then select a third arbitrator who shall hear and decide the matter, and the selection of the third arbitrator by the two Owners' arbitrators shall be final. Each party agrees that the decision of the arbitrator shall be binding and conclusive of the questions involved. G.2. Other Disputes. For disputes not covered by the provisions above,each Owner may commence legal action to recover sums due for necessary repairs,replacements and/or maintenance,for damages,for injunctive relief, or any combination thereof,or any action for any other relief authorized by this Declaration or available at law or in equity. G.3. Costs of Legal Disputes. The fees of the mediator shall be shared equally by the Owners,but each party shall pay its own attorneys' fees or other costs. In any legal proceeding other than mediation,the prevailing party shall have the right to recover reasonable attorneys' fees and costs determined by a court or by an arbitrator. GA. Liability for Owner's and Occupants' Acts. An Owner shall be liable for the expense of any maintenance,repair or replacement of the Property rendered necessary by such Owner's acts or omissions,or by that of Occupants or guests in the Owner's Unit,to the extent that such expense is not covered by the proceeds of insurance carried by such Owner or Occupant. H. LEIN FOR MAINTENANCE AND REPAIRS H.1. Lien for Maintenance and Repairs. Although it is highly advisable for the Owners to contract jointly for maintenance and repairs and to simultaneously pay for such contracted work,either Owner may, in the absence of the other Owner, or in the absence of the other Owner's cooperation, or in the absence of the other Owner's timely payment, or in the absence of the willingness to fully use the alternative dispute resolution provisions of this Declaration,contract for and pay for labor or materials to be provided to both Lots. The paying Owner shall have a lien on the Lot of nonpaying Owner for that portion of the contract payment which is allocable to the nonpaying Owner's Lot with interest accruing from the actual date of payment at the statutory interest rate chargeable for judgments obtained in district court. Such lien shall be subordinated only to the lien of a first mortgage holder. H.2. Written Notice of Lien. To evidence the lien for such unpaid amounts,the paying Owner may prepare a written notice of lien, setting forth the amount of the lien,the date(s)that contract payments were made,that interest is accruing at the statutory interest rate chargeable for judgments obtained in district court,the name of the nonpaying Owner,and the legal description of the nonpaying Owner's Lot. The written notice of lien may be filed in the office of the County Recorder/Registrar of Titles;provided, however,that such written notice of lien shall not be filed until at least thirty(30) days have passed since the later of the dates upon which the paying Owner first made a payment for maintenance or repair work or upon which the paying Owner provided written demand for payment to the nonpaying Owner. H.3. Foreclosure of Lien. Such Lien may be enforced and foreclosed in the manner prescribed by Minnesota Statues for the foreclosure of a mechanic's lien. In the event of such lien foreclosure, all costs and expenses, including actual attorneys' fees, incurred by the paying Owner after the date that the paying Owner first made a payment for maintenance or repair work, shall be paid by the nonpaying Owner or by such person who redeems the interest of the nonpaying Owner regardless of whether or not such payment is made before (amounts in default)or after(redemption amount)the sheriff's sale. All such costs and attorneys' fees shall be further secured by the written notice of lien. The foreclosing Owner shall have the right and power to bid at the foreclosure sale other legal sale and to acquire,hold convey, lease, rent, encumber,used and otherwise deal with the Lot as the owner thereof.. I. GENERAL PROVISIONS I.1. Amendments. This Declaration may be amended by the unanimous writing of the Owners of the two Lots and with the consent of first mortgagees. The Amendment shall be effective when recorded or filed for record. 1.2. Mechanic's Liens. Each Owner of a Unit who fails to maintain their property in accordance with this Declaration("defaulting Owner")agrees to indemnify and hold harmless the Owner of an adjoining Unit and such Owner's Lot for any Mechanic's or Materiahmen's Liens arising from work done or material supplied to make repairs or replacements for which the defaulting Owner is responsible. I.3. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Minnesota. I.4.Recording. The Owners understand and agree that this Agreement shall be recorded in the office of the County Recorder in and for Anoka County, Minnesota,and that the Agreement is binding on the Owners and their heirs, successor, assigns. I.S. Term. The covenants, conditions,and restrictions of this Declaration are to run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty(30)years from the date these covenants and restrictions are recorded, after which time they shall be automatically extended for successive periods of 10 years. This Declaration may only be terminated by the Owners if,the consent of the City of Fridley City Council or an order of a court of competent jurisdiction, is obtained. I.6. Enforcement. Any Owner shall have the right to enforce,by any proceeding at law or in equity,all restrictions,conditions,covenants,reservations,liens and charges now or hereafter imposed by this Agreement. Failure by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. J. RIGHTS OF ELIGIBLE MORTGAGEES Notwithstanding anything to the contrary in this Declaration,first Mortgagees shall have the following rights and protections: J.1. Consent to Subdivision. No Unit may be partitioned or subdivided without the prior written approval of all Owners and first Mortgagees thereof. J.2. Priority of Lien. Any holder of a first mortgage on a Unit or any purchaser of a first mortgage at a foreclosure sale,that comes into possession of a Unit by foreclosure of the first mortgage or by deed or assignment in lieu of foreclosure,takes the Unit subject to any judgment of lien of the other Owner obtained in a court of competent jurisdiction for damages accrued un enforcing the terms of this Declaration for repairs and maintenance of the property. J.3. Priority for Condemnation Awards. No provision of this Declaration shall give an Owner, or any other party, priority over any rights of a mortgagee of a Lot pursuant to its mortgage in case of a distribution to such Owner of condemnation awards for losses to or a taking of the Unit. I IN WITNESS WIRE REOF, the undersigned have executed this instrument the day kmd year first set forth. >nothy J.Va Auken STATE OF WiN�ESOTA ) COUNTY OF '/ The foregoing instrument was acknowledged before me this„ day of ( ,4 , 2005,by Timothy J.Van Auken, a single person. Notarial Slamp or Seal(Or Other"Title or Rank) " JANET Fi. THOMAS Notary Plrbiic-Minnesota SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT My Commission F-plres Jan 31,2010 �n✓yn�M,n rsrev�+^��nn+en 2917811 1 zoo 41 ' EGISTERED ABSTRACTERS, QVC, 2115 3rd AVENUE NORTH ANOKA, MN 55303 The space above this line is reserved for recording data. DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS crl- THIS DECLARATION is made in the County of Anoka, State of Minnesota, on this y of ((2 Irl g. 2005, by Timothy J.Van Auken,a single person,(the"Declarant"). WHEREAS,Declarant is the owner of certain property in Anoka County,Minnesota,which is more particularly described as: Lots 3 and 4,Block 1 VAN AUKEN ADDITION,according to the plat thereof on file or of Record in the Office of the County Recorder in and for Anoka County,Minnesota. WHEREAS,Lot 3,Block 1,VAN AUKEN ADDITION, is also known as 1484 - 73 '/z Avenue N.E., Fridley,Minnesota 55432. WHEREAS,Lot 4,Block 1,VAN AUKEN ADDITION, is also known as 1486 - 73 %Z Avenue N.E. Fridley,Minnesota 55432. WHEREAS,there is a dwelling unit and attached garage [hereinafter"Unit'] constructed on each.Lot, which Units share common Party Walls,which is centered along the common boundary line between the two lots. WHEREAS,Declarant desires to establish on the Property, a plan for these properties to be owned, occupied and operated for the use,health, safety and welfare of its resident Owners and Occupants,and for the purpose of preserving the value,the structure quality,and the original architectural and aesthetic character,of the Property. WHEREAS,the real property described herein is not subject to the Minnesota Common Interest Ownership Act, MINN. STAT. Chapter 515B. THEREFORE,Declarant makes this Declaration,declaring that this Declaration shall constitute covenants to run with Property, and that the Property, shall be owned, used occupied and conveyed subject to the covenants,restrictions,easements,charges and liens set forth herein, all of which shall be binding upon and inure to the benefit of all persons owning or acquiring and right,title or interest therein,and their heirs, personal representatives, successors and assigns. A. APPURTENANCES AND EASEMENTS A.1 Access Easements. Each Lot shall have an appurtenant easement for emergency access Purposes over, under, and across the other Lot, subject to any restrictions set forth in this Declaration. A.2 Utilities and Services. Each Lot has appurtenant easements for services and Utilities serving the Unit on each Lot, and for maintenance, repair, and replacement of such services and utilities,over,under,and across the other Lot,subject to any restrictions set forth in this Declaration. A.3. Encroachment Easements. Each Unit,and rights of the Owners and Occupants therein, shall be subject to an exclusive easement for encroachments in favor of the adjoining Units for walls,roof overhangs,utility installations and other appurtenances which are part of the original construction of the adjoining Unit.If there is an encroachment by a Unit,or other building or improvement located in a Unit,upon another Unit as a result of the construction,reconstruction,repair,shifting, settlement or movement of any part of the Property,an appurtenant easement for the encroachment, for the use, enjoyment and habitation of any encroaching Unit, building or improvement,and for the maintenance thereof, shall exist;provided that with respect to improvements or alterations added after the date of this Declaration, no easement shall exist unless the same has been approved in a recordable writing by the other Owner, as required by this Declaration. Such easements shall continue for as long as the encroachment exists and shall not affect the marketability of title. A.4. Easement for Maintenance,Repair,Replacement and Reconstruction. Each Unit and the rights of the Owners and Occupants thereof, shall be subject to the rights of the Owner of the other Lot to an exclusive, appurtenant easement on and over the Lots and Units for the purposes of maintenance,repair,replacement and reconstruction of the Party Wall and common structural elements, and utilities serving the Units. A.5 Continuance and Scope of Easements. Notwithstanding anything in this Declaration to the contrary, in no event shall an Owner or Occupant be denied reasonable access to his or her Unit or the right to utility services thereto. The easements set forth here shall supplement and not limit any easement described elsewhere in this Declaration or recorded,and shall include reasonable access to the easement areas through the Units and the Lots for purposes of maintenance,repair,replacement and reconstruction. A.G. Easements are Appurtenant. All easements and similar rights burdening or benefiting a Lot or any other part of the property shall be appurtenant thereto, and shall be permanent,subject only to termination only by unanimous writing of all Lot Owners or by the terms of the specific easement. Any recorded easement benefiting or burdening the Property shall be construed in a manner consistent with,and not in conflict with, the easements created by this Declaration. A.7. Impairment Prohibited.No person shall materially restrict or impair any easement benefiting or burdening the Property. B. PARTY WALLS AND OTHER COMMON ELEMENTS B.I. General Rules of Law to Apply. Each wall which is built as a part of the original construction of the homes upon the Properties and placed on the dividing line between the Lots and those walls forming the perimeter of the interior easement, including covered structural components and the roof system over the party wall, shall constitute a party wall, and to extend not inconsistent with the provisions of this Declaration,the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply thereto. B.2. Sharing of Repair and Maintenance. The cost of reasonable repair and maintenance of a party wall shall be shared by the Owners who make use of the wall in proportion to such use,provided that any maintenance,repair or replacement necessary due to the acts or omissions of a certain Owner or Occupant sharing such party wall shall be paid for by such Owner. B.3. Destruction by Fire or Other Casualty. If a party wall is destroyed or damaged by fire or other casualty, any Owner who has used the wall may restore it,and the other Owners thereafter shall contribute to the cost of restoration thereof in proportion to such use without prejudice,however,to the right of any such Owners to call for a larger contribution from the others under any rule of law regarding liability for negligent or willful acts or omissions. Insurance claims shall be made promptly following any casualty. B.4. Weatherproofing. Notwithstanding any other provision of this Declaration,an Owner who by his negligent or willful act causes the party wall to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements. B.5. Right to Contribution Runs With Land. The right of any owner to contribution from any other Owner under this Declaration shall be appurtenant to the Unit and shall pass to such Owner's assign and successors in title. B.6. Insurable Claims. An Owner shall not assert his or her right of contribution from another Owner until all claims have been submitted to both homeowners' insurance policies and either rejected or only partially paid. C. RESTRICTIONS ON USE OF PROPERTY CA. General. All Owners and Occupants,and all secured parties,by their acceptance or assertion of an interest in the Property,or by their occupancy of a Unit,covenant and agree that,the occupancy,use, operation,alienation and conveyance of the Property shall be subject to the following restrictions.The Property shall be owned, conveyed,encumbered, leased,used and occupied subject to this Declaration, as amended from time to time. All covenants,restrictions and obligations set forth herein shall run with the Property and be a burden and benefit to all Owners and Occupants and to any other Person acquiring or owning an interest in the Property,their heirs,personal representatives,successors and assigns. C.2. Subdivision Prohibited. No Unit or Lot may be subdivided or partitioned without the prior written approval of all Owners and all secured parties holding first mortgages on the Units. C.3. Residential Use. The Units shall be used by Owners and Occupants and their guests exclusively as private, single family residential dwellings,and not for transient,hotel,commercial, business or other non- residential purposes. "Residential use"shall be determined by the ordinances and regulations of the City of Fridley,Minnesota. CA. Business Use Restricted. No business,trade, occupation or profession of any kind,whether carried on for profit or otherwise, shall be conducted, maintained or permitted in any Unit of on any Lot; except an Owner or Occupant residing in a Unit may keep and maintain his or her business or professional records in such Unit and handle matters relating to such business by telephone or correspondence therefrom,provided that such uses are incidental to the residential use,do not involve physical alteration of the Unit and do not involve any observable business activity such as signs,advertising displays,bulk mailings, deliveries,or visitation or use of the Unit by customers or employees. If a use is not determined by the foregoing provisions,"business use"of a dwelling unit shall be determined by the ordinances and regulations of the City of Fridley,Minnesota. C.5. Leasing. Leasing of Units shall be allowed,subject to the following conditions: (i)that no Unit shall be leased for transient or hotel purposes,)ii)that no Unit may be subleased,(iii)that all leases shall be in writing and shall be for a term of not less than six(6)months,and(iv)that all leases shall provide that they are subordinate to and subject to this Declaration,and(v)that any failure of the lessee to comply with the terms of this Declaration shall be a default under the lease. C.6. Parking. Garages and driveway areas on each Lot shall be used only for parking of vehicles owned or leased by Owners and Occupants and their guests. Owners,Occupants and their guests shall park only on their own.portion of their driveway adjacent to the Unit. No Owner or Occupant shall park in a portion of the driveway as to obstruct any other Owner from accessing such Unit and garage or to obstruct any other Owner from accessing such Unit and garage in violation of any cross easement agreement between the Owners regarding use and access to such Unit and garage. C.7. Outside Storage. Outside storage of items, including but not limited to, sporting equipment,toys, outdoor cooking equipment,yard and garden tools and trash and garbage containers shall not be stored outside. No boats, snowmobiles,motorcycles,trailers,camping vehicles,tractor/trailers,trucks in excess of 9,000 pounds gross weight or passenger vehicles that are not currently licensed or passenger vehicles that do not operate shall at any time be stored or parked outside of a garage. C.8. Animals. No animals may be bred,or kept or maintained for business or commercial purposes, anywhere on the Property,except that dogs, cats and other household pets may be kept pursuant to the ordinances and regulations of the City of Fridley,Minnesota. All pets must be restrained on the Owner's Lot by fencing or by a leash. Pet waste shall be promptly removed and lawfully disposed by the Owner of the pet. C.9. Quiet Enjoyment; Interference Prohibited. All Owners and Occupants and their guests shall have a right of quiet enjoyment in their respective Units, and shall use the Property in such a manner as will not cause a nuisance,nor unduly restrict, interfere with or impede the use of the Property by other Owners and Occupants and their guests. C.10. Compliance with Law. No use shall be made of the Property which would violate any then exiting municipal codes or ordinances,or state or federal laws,nor shall any act or use be permitted which could cause waste to the Property,case a material increase in insurance rate on the Property,or otherwise cause any unusual liability,health or safety risk, or expense,for any Owner or Occupant. C.11. Alterations. No alterations, changes, improvements,repairs or replacement of any type,temporary or permanent, structural,aesthetic or otherwise(collectively referred to as"alterations")shall be made. Or caused or allowed to be made,by any Owners or Occupant,or their guests,to any part of the roof system siding, exterior doors,windows,driveways,retaining walls, landscaping,or in any part of a Unit which is visible from the exterior of the Unit,without the prior written authorization of the other/adjoining Owner. There shall be no alterations to the outside appearance of the Units, including without limitation the exterior paint color(s), the siding material,the.roofing material,and landscaping without the prior written authorization of the other/adjoining Owner. Any alteration shall principally use materials of the same quality,kind,color,height, length and character as those originally installed on each Living Unit. C.12. Time Shares Prohibited. The time share form of ownership,or any comparable form of lease, occupancy rights or ownership which has the effect of dividing the ownership or occupancy of a Unit into separate time periods, is prohibited. C.13. Fences. Any fences erected shall be approved by all Owners prior to construction. Fences erected on the common boundary between the two Lots shall be governed by the same covenants as contained herein for the Party Wall. C.14. Exterior Antennas. Antennas may not be erected, installed or maintained on the exterior of any Unit or on any Lot except in accordance with the ordinances and regulations of the City of Fridley,Minnesota. C.15. Landscaping. Except for retaining walls and fences which are common to both Lots,each Owner shall maintain finished landscaping over all earthen portions of the Lot except those portions which area covered by impervious surfaces such as driveways and sidewalks. D. MAINTENANCE D.I. Maintenance by Owners. Each owner of a Lot shall maintain his/her Lot and the exterior of his/her Unit in good condition and repair. Materials used for the roof system,the siding,the exterior trim,windows, and doors shall be identical in quality,composition and color for the two Lots. The Owners of the two Lots, when necessary, for the purpose of preserving the architectural character,quality,and uniform and high standards for appearance of the Property, shall provide for all maintenance,repair or replacement(collectively referred to as"maintenance")for exterior maintenance upon each Unit: paint and replace roofs, gutters, downspouts, decks, garage doors(except hardware),exterior siding,trim,and other building surfaces repair and replace siding,trim elements,roofing, and fencing: and provide for lawn,shrub and tree maintenance on all landscaping. All maintenance of each Lot and Unit shall be the sole responsibility and expense of the respective Owners thereof. However,the Owners and Occupants shall have a duty to promptly notify the other Owners of defects in or damage to those parts of the Property which the other Owner is obligated to maintain. To the greatest extent possible,the Owners shall conduct exterior maintenance together or under one contract: painting, of the exterior of the Units;replacement of exterior trim and siding;replacement of the roof over one Unit shall require the replacement of the roof over the other Unit; driveways shall be maintained and repaired at the same time; and other such mutually beneficial work shall be performed concurrently for both Lots and both Units.The expense of repairing,maintaining,and replacing entire exterior systems(such as the roof, siding, or trim) shall be shared equally b the Owners of the two Units. Incidental or minor repairs, maintenance or replacement of the exterior components of only one Unit shall.be the sole responsibility and expense of the Unit's Owner. D.2. Damage Caused by Owner. Notwithstanding any provision to the contrary, if: a. In the judgment of one Owner,the need for maintenance or repairs of any part of the Property is caused by the willful or negligent act or omission of an Owner or Occupant, or their guests,or by a condition in a Unit which the Owner or Occupant has willfully or negligently allowed to exist;and, b. If the damaged or deteriorated element has been claimed and rejected as an item which is not covered as an insured casualty or insured peril under the ten-current homeowner's insurance; Then the other Owner may commence an alternative dispute resolution proceeding in accordance with the alternative dispute resolution provisions hereinafter contained in this Declaration to determine the cause of such damage or condition and to determine the necessity of such maintenance,repairs or corrections. E. INSURANCE E.I. Required Coverage. Each Owner shall,to the extent reasonably available,obtain and maintain,a policy or policies of insurance issued by a reputable insurance company or companies authorized to do business in the State of Minnesota,as follows. Each Owner shall maintain property insurance in broad form covering all risks of physical loss in an amount equal to one hundred percent(100%)of the insurable"replacement cost'of the Property, less deductibles, and without deductions for depreciation. Each Owner shall maintain comprehensive public liability insurance covering the ownership, existence,management,use,operation and maintenance of the property,with minimum limits of$300,000 per occurrence,against claims for death, bodily injury and property damage, and such other risks as are customarily covered by such policies for projects similar in construction, location and use to the Property. Duplicate originals of an Owner's policy of physical damage insurance and of all renewals of such insurance,together with proof of payment of premiums, shall be delivered to the other Owner,and if requested,to the Owner's Mortgagee,ten(10)days prior to the then current policies. The Owners shall not do or permit any act or thing to be done in or to the Party Wall which is contrary to law or which invalidates or is in conflict with the Owner's policy of physical damage insurance. To the extent commercially practicable or reasonable,the Owners of the Lots shall maintain such casualty insurance coverage with the same insurance company. In the event the Owners cannot agree on which casualty insurance company to retain and insurance is procured through different casualty insurance companies,each Owner will be required to procure and maintain an endorsement to such insurance company providing that the insurance provider may not deny coverage to such Owner due to any fault,negligence or action of the adjoining Owner. E.Z. Application of Insurance Proceeds. In the event of a property casualty,the proceeds of the Owner's insurance shall be used to rebuild,repair,and replace the damaged components if either Owner desires to have the property rebuilt,repaired,or replaced. This provision supersedes any provision to the contrary in any mortgage encumbering the property recorded or filed after the recording or filing date of this Declaration. E.3. Waiver of Subrogation. To the extent permitted by the standard Minnesota form of fire and extended coverage insurance with all risk endorsements and to the extent benefits are paid under such a policy,the Owners of each Lot do hereby mutually release the Owners of the other Lot,and their respective officers, agents,employees and invitees,for all claims for damage or destruction of their respective physical properties if such damage or destruction results from one or more of the perils covered by the standard Minnesota form of fire and extended coverage insurance. To the extent reasonably available,each Owner shall obtain a waiver of subrogation by the insurer in the homeowner's insurance policy wherein the insurer waives its right of subrogation to any claim which is within the class of possible claims that have herein been mutually released by and between the respective Owners. F. RECONSTRUCTION, CONDEMNATION AND EMINENT DOMAIN F.I. Reconstruction. Any repair or reconstruction of a Unit shall be substantially in accordance with the plans and specifications of the Property as initially constructed and subsequently improved. F.2. Condemnation and Eminent Domain. In the event of a taking of any part of the Property by condemnation or eminent domain, each Owner shall have the right to prove damages to their respective property and to retain all proceeds. In connection with any Party Wall or shared structural component,the Owner of a Unit that is not taken by eminent domain shall have the right to have the remainder of the other structure demolished and to claim damages for lateral support for the remaining Unit. Eligible Mortgagees shall be entitled to priority for condemnation awards in accordance with the priorities established by their respective mortgages. G. DISPUTE RESOLUTION G.I. Mediation and Arbitration for Maintenance and Repair Disputes. In the event that: a. the Owners are unable to agree on the determination that an item of repair,replacement or maintenance is immediately necessary; or, b. the Owners are unable to agree on the scope and cost of a necessary repair;or, c. the Owners are unable to agree on the determination of Owner negligence,willful act,or omission as the cause of a necessary repair; and, d. if the damaged or deteriorated element has been claimed and rejected as an item which is not covered as an insured casualty or insured peril under the then-current homeowner's insurance; then the questions of necessity, cost,and/or cause shall be submitted immediately to binding arbitration in accordance with the arbitration provisions recited below. In the event of any other dispute arising concerning maintenance,repair or replacement of a party wall,exterior components, landscape ore other common or shared elements, and if the same is not resolved within thirty(30)days of the event causing the dispute,the matter shall be submitted to mediation,through a mutually agreeable mediation provider. In the event the Owners reach and impasse,the matter in dispute shall be submitted to binding arbitration at a mutually agreeable arbitration provider. The Rules of Arbitration within Minnesota Statutes shall apply. In the event the Owners in dispute cannot choose a mutually agreeable arbitration provider, each Owner shall choose an arbitrator.The two arbitrators so chosen shall then select a third arbitrator who shall hear and decide the matter,and the selection of the third arbitrator by the two Owners' arbitrators shall be final. Each party agrees that the decision of the arbitrator shall be binding and conclusive of the questions involved. G.2. Other Disputes. For disputes not covered by the provisions above,each Owner may commence legal action to recover sums due for necessary repairs, replacements and/or maintenance,for damages, for injunctive relief,or any combination thereof,or any action for any other relief authorized by this Declaration or available at law or in equity. G.3. Costs of Legal Disputes. The fees of the mediator shall be shared equally by the Owners,but each party shall pay its own attorneys' fees or other costs. In any legal proceeding other than mediation,the prevailing party shall have the right to recover reasonable attorneys' fees and costs determined by a court or by an arbitrator. GA. Liability for Owner's and Occupants' Acts. An Owner shall be liable for the expense of any maintenance, repair or replacement of the Property rendered necessary by such Owner's acts or omissions, or by that of Occupants or guests in.the Owner's Unit,to the extent that such expense is not covered by the proceeds of insurance carried by such Owner or Occupant. H. LEIN FOR MAINTENANCE AND REPAIRS ILL Lien for Maintenance and Repairs. Although it is highly advisable for the Owners to contract jointly for maintenance and repairs and to simultaneously pay for such contracted work,either Owner may, in the absence of the other Owner, or in the absence of the other Owner's cooperation,or in the absence of the other Owner's timely payment,or in the absence of the willingness to fully use the alternative dispute resolution provisions of this Declaration, contract for and pay for labor or materials to be provided to both Lots. The paying Owner shall have a lien on the Lot of nonpaying Owner for that portion of the contract payment which is allocable to the nonpaying Owner's Lot with interest accruing from the actual date of payment at the statutory interest rate chargeable for judgments obtained in district court. Such lien shall be subordinated only to the lien of a first mortgage holder. H.2. Written Notice of Lien. To evidence the lien for such unpaid amounts,the paying Owner may prepare a written notice of lien,setting forth the amount of the lien,the date(s)that contract payments were made,that interest is accruing at the statutory interest rate chargeable for judgments obtained in district court,the name of the nonpaying Owner,and the legal description of the nonpaying Owner's Lot. The written notice of lien may be filed in the office of the County Recorder/Registrar of Titles; provided,however,that such written notice of lien shall not be filed until at least thirty(30)days have passed since the later of the dates upon which the paying Owner first made a payment for maintenance or repair work or upon which the paying Owner provided written demand for payment to the nonpaying Owner. H.3. Foreclosure of Lien. Such Lien may be enforced and foreclosed in the manner prescribed by Minnesota Statues for the foreclosure of a mechanic's lien. In the event of such lien foreclosure,all costs and expenses, including actual attorneys' fees, incurred by the paying Owner after the date that the paying Owner first made a payment for maintenance or repair work, shall be paid by the nonpaying Owner or by such person who redeems the interest of the nonpaying Owner regardless of whether or not such payment is made before amounts in default)or after(redemption amount the sheriff's sale. All such costs and attorneys' fees shall be ( ) ( P further secured by the written notice of lien. The foreclosing Owner shall have the right and power to bid at the foreclosure sale other legal sale and to acquire,hold convey, lease,rent,encumber, used and otherwise deal with the Lot as the owner thereof.. I. GENERAL PROVISIONS I.I. Amendments. This Declaration may be amended by the unanimous writing of the Owners of the two Lots and with the consent of first mortgagees. The Amendment shall be effective when recorded or Fled for record. I.2. Mechanic's Liens. Each Owner of a Unit who fails to maintain their property in accordance with this Declaration("defaulting Owner")agrees to indemnify and hold harmless the Owner of an adjoining Unit and such Owner's Lot for any Mechanic's or Materiahnen's Liens arising from work done or material supplied to make repairs or replacements for which the defaulting Owner is responsible. 1.3. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Minnesota. 1.4.Recording. The Owners understand and agree that this Agreement shall be recorded in the office of the County Recorder in and for Anoka County,Minnesota,and that the Agreement is binding on the Owners and their heirs, successor, assigns. I.5. Term. The covenants,conditions, and restrictions of this Declaration are to run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty(30)years from the date these covenants and restrictions are recorded, after which time they shall be automatically extended for successive periods of 10 years. This Declaration may only be terminated by the Owners if,the consent of the City of Fridley City Council or an order of a court of competent jurisdiction,is obtained. I.6. Enforcement. Any Owner shall have the right to enforce,by any proceeding at law or in equity, all restrictions,conditions, covenants,reservations, liens and charges now or hereafter imposed by this Agreement. Failure by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. J. RIGHTS OF ELIGIBLE MORTGAGEES Notwithstanding anything to the contrary in this Declaration,first Mortgagees shall have the following rights and protections: J.1. Consent to Subdivision. No Unit may be partitioned or subdivided without the prior written approval of all Owners and first Mortgagees thereof. J.2. Priority of Lien. Any holder of a first mortgage on a Unit or any purchaser of a first mortgage at a foreclosure sale,that comes into possession of a Unit by foreclosure of the first mortgage or by deed or assignment in lieu of foreclosure,takes the Unit subject to any judgment of lien of the other Owner obtained in a court of competent jurisdiction for damages accrued in enforcing the terms of this Declaration for repairs and maintenance of the property. J.3. Priority for Condemnation Awards. No provision of this Declaration shall give an Owner, or any other party,priority over any rights of a mortgagee of a Lot pursuant to its mortgage in case of a distribution to such Owner of condemnation awards for losses to or a taking of the Unit. IN WITNESS WHEREOF, the undersigned have executed this instrument the day and year first set forth. T mothy J. V4 Auken U STATE OF MINNESOTA ) COUNTY OF ) The foregoing instrument was acknowledged before tue this day of 2005, by Tituotliy J. Van Auken, a single person. Notarial Stamp or Seal(Or Other Title or Rank) JANET R. THOMAS Notary Public-Minnesota SIONATURF OF PERSON TAKING ACKNOWLEDGMENT x;;;r; My Commission mires Jan 31,2010 �6Mamemnan,n,nntu�^�nr+�nn�+,ns��+F� :I��kd��Yt=kik=k�k�k=k�kt�k�k�kt�Y•*�k�k�k#�k*�t��kt•'kik**�k*�k*t=kt�>kik*�Y�f=�*�k�'k* k�*�k�h�h�Y'k�k�=k#�i'�Y^k*�k�k�Y��h>k'k�h�Y'k��Y�Y'k 2917811 41 REGISMO ABSTM TM' '• 2115 3rdAVENUE NORTH ANOKA, MN 55303 D S7-0 S`"z . I IIIIII VIII VIII VIII VIII VIII VIII IIII IIII Record ID 1601584 STATE OF MINNESOTA ) CITY COUNCIL PROCEEDINGS SUBDIVISION (PLAT OR LOT SPLIT) COUNTY OF ANOKA ) CITY OF FRIDLEY ) In the Matter of: Preliminary Plat, PS #05-03 Owner: Timothy J. Van Auken 1978171 . 002 The above entitled matter came before the City Council of the City of Fridley and was heard on the 27th day of June, 2005, on a petition for a subdivision pursuant to the City of Fridley's Zoning Ordinance, for the following described property: To subdivide two multi-family lots, legally described as Lot 29, Auditor's Subdivision 129, subject to easement of record, generally located at 1485—73 rd Avenue NE. IT IS ORDERED that a subdivision be granted as upon the following conditions or reasons: Approval with 12 stipulations. See City Council Meeting Minutes of June 27th & June 13th, 2005. STATE OF MINNESOTA ) COUNTY OF ANOKA ) OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) I, Debra A. Skogen, City Clerk for the City of Fridley, with and in for said City of Fridley, do hereby certify that I have compared the foregoing copy and order granting a subdivision with the original record thereof preserved in my office, and have found the same to be a correct and true transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto s bscribed my hand at the City of Fridley, Minnesota, in the County of Anoka on the 1,9YA day of , 2005. DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 Debra A. Skogen, City Clerk (SEAL) r / FRIDLEY CITY COUNCIL MEETING OF JUNE 27 2005 Page 3 of 31 UPON A VOICE VOTE, ALL VOTI G AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Peter Borman, 120 River Edge day and President of the 49'er Days Festival, thanked the City, City staff members, a d Police and Fire employees for their help in making this year's festival a success. Gerald Mackelberg, 425 Re Creek Boulevard, stated he lives in the area immediately south of Columbia Ice Ar na and the residents in that area are concerned about the potential sale of the ar na. It would be much better for the City to purchase that property and thereby h e control over how it will be developed. He asked that the City ensure that in the fut e, it does a better job of keeping the residents informed about what transpires on thJ property. He suggested this would be a good location for a new public safety buildin for the City of Fridley. Councilmember lings pointed out that the recent City newsletter contained a large article about th status of Columbia Arena with questions and answers from the Minnesota Spo Commission. He added that the City of Fridley does not control that site. Also, the Minnesota Sports Commission held an informational meeting with the users of that a ena and the surrounding neighborhood. Mayor Lund said he understood Mr. Mackelberg s concerns. OLD BUSINESS: 6. Preliminary Plat Request, PS #05-03, by Timothy VanAuken, to Subdivide Two Multi-Family Lots, Generally Located at 1475 and 1485 73`d Avenue NE (Ward 2) (Tabled June 13, 2005). Mr. Hickok, Community Development Director, explained that the property involved fronts on 73rd Avenue and currently has two single family homes. The homes have recently been resided and re-roofed. There was some question regarding whether permits had been obtained for those improvements, so Mr. Hickok reviewed the history of building permits issued for this property. To the north is a short dead-end street in front of a home at 1479 73 '/2 Avenue. Some of the issues that came up at the last meeting had to do with the most appropriate access to this site. Staff reviewed the access options and determined that a cul-de-sac that would only involve the lots being subdivided would be the best solution. There were concerns expressed about a standard size cul-de-sac which would affect an existing fire hydrant and mature trees. As a result, the proposed standard size cul-de-sac has a design that will be able to be plowed by Public Works and to allow access for emergency vehicles but will only take its radius from the south side of what would be the right-of-way of 73 '/Z Avenue. Taking away enough land area from one property to allow for the cul-de-sac could be detrimental to the subdivision of that property. For that purpose, this is being proposed as an easement for roadway and utility purposes. This proposed cul-de-sac shifts the buildable area a bit south taking it back from the street. Neighbors were concerned FRIDLEY CITY COUNCIL MEETING OF JUNE 27, 2005 Page 4 of 31, about the proposed units being up close right across from their property but this has the effect of moving the buildings back a bit. It also reduces the rear yard to 25 feet. In the ordinance, the R-3 code talks about a rear yard setback of '/4 of the lot depth but no less than 25 feet. By approving this plat as it is being proposed and recommended by staff, it does recognize a setback of 25 feet as opposed to 33 feet. Considering all alternatives, this proposal would be the best for allowing the lots to be properly placed. This proposal does provide for the neighbors to the north to preserve their mature trees. It allows Mary Jane Hanson to subdivide her property in the future if she chooses to do so. It also takes as little property from Ms. Hanson as possible while still giving her the ability to access the cul-de-sac. Mr. Hickok said there were a number of questions submitted via email which he responded to except for those that came in late. One of those questioned how the Council could invoke the Comprehensive Plan in one hearing and ignore it in the next, specifically the inconsistencies in zoning. He pointed out that the zoning on petitioner's property is R-3, and the property is able to be subdivided in the manner proposed. As far as the inconsistency with the Comprehensive Plan, he stated that during the Comprehensive Plan review staff pointed out to Council some zoning inconsistencies and the Council directed staff to review such inconsistencies as projects were brought forward. The developer has submitted an application that is permissible in the existing zoning. Mr. Hickok stated another question regarded the single family attached development being proposed for this site. He explained the petitioner is proposing to construct two two-unit town home buildings for a total of four units which is a permitted use in this zoning district. In response to the question regarding the minimum lot size for each unit, Mr. Hickok explained that each of the two unit buildings is acting together as a building and together they exceed the 10,000 square foot minimum land area. Another question was how these would be separately owned parcels under the units. Staff knows from past experience that associations with less than 40 units are not successful or strong in the town home development world. Developers do not want to create small associations because associations are typically internal and it is very difficult even with 40 units to get people to serve on the association board to manage the property. With smaller unit numbers, it is not unusual to have the land underneath the buildings owned by the individuals who own the individual units. This project is not being proposed to somehow create a 5,000 square foot property that could later have two units on it. As far as the question regarding variances, he explained that by having the burden of all of the cul-de-sac on the developer's property it moves the units south and creates a situation where they have a reduced yard setback of 7 feet. In spite of that, Council does have in its authority the ability to grant variances through the platting process. Staff recommends approval of this proposal including the rear yard variance. Councilmember Barnette asked what the rear yard setback is for the homes currently on 73`d Avenue. FRIDLEY CITY COUNCIL MEETING OF JUNE 27, 2005 Page 7 of 31_ to the north to construct the right-of-way if it is not placed entirely on the petitioner's property. Councilmember Bolkcom stated that this is a trade-off; property could be taken from adjacent property owners, but by placing the cul-de-sac on the petitioner's property, there is less of an impact. Mr. Haukaas stated that is correct. Mr. Hickok stated that initially the petitioner will own all the units and file documents that would set a certain standard and shared responsibility on the units and properties. This proposal is purposely done in a way where each person owns and is responsible for their individual unit. Councilmember Bolkcom suggested these concerns be addressed in an additional stipulation. Mr. VanAuken stated he understands the neighbors' concerns and stated if and when these properties are sold there will be restrictions filed specifying how improvements will be handled. He further stated he plans to build only one building, living on one side and renting the other. Then, within 2 to 5 years, he would erect the second building. He plans to build something very nice for his family's financial security. Mayor Lund asked Mr. VanAuken why he did not just build single family homes. Mr. VanAuken said the cost of street improvements makes it prohibitive to build only a single family home. Councilmember Billings asked if these are the first two 0 lot line twin homes built in the Twin Cities. Mr. Hickok responded they are not. This is a very popular style home with probably thousands in the Twin Cities area. Councilmember Billings asked if there has been a lot of conversation about disputes between twin home residents as far as maintenance issues. Mr. Hickok stated he is not aware of any. Councilmember Wolfe commented that there are twin homes in Columbia Heights where such conflicts occur. Councilmember Bolkcom commented that the same could be said about single family homes. s FRIDLEY CITY COUNCIL MEETING OF JUNE 27, 2005 Page 8 of 31, John Jackels, 1479 73 '/2 Avenue, stated he is still concerned about the setback and easement issues. He also believes that this proposal is putting a lot of stuff on a small space. He said he does not want to say no to development, but he wants everyone to be on the same page because otherwise they are not going to have a friendly neighborhood. He claimed he had to obtain a variance two years ago because he could not build onto the front based on the setback requirements. Mr. Hickok explained Mr. Jackels' variance was to the rear yard, not the front yard. There was not at any time, a situation where Mr. Jackels was adding on to the front of his house. He offered to take a look at Mr. Jackels' property to determine whether or not he can expand his home into the front yard. What is being proposed by the petitioner is consistent with what has been done in other areas of the City. Mayor Lund stated Council has allowed a relaxation of setbacks in the front yard to allow older homes in the City to expand. Mr. Jackels pointed out there are single family homes around the petitioner's property and this proposal would double the density and impact the neighborhood. The apartment building traffic does not utilize 73 1/2 Avenue and is separated completely. Councilmember Barnette asked if the installation of this cul-de-sac creates a situation for the property on the northwest corner to split for development. Mr. Hickok stated that property could subdivide, but it is zoned R-1 and would have to be single family homes. The important thing to remember for this proposal is that Mr. VanAuken's property is zoned R-3. He is not asking for a rezoning. Also, his property is roughly the size of the property to the west where a 21-unit apartment building was permissible and constructed. Mr. Haukaas explained that Mr. VanAuken has requested the City build the cul-de-sac and assess him, which the City has done and is willing to do for this petitioner. At this time, the City would leave the existing cul-de-sac alone because it is in the City's 3-year plan for reconstruction at which time it would be removed and replaced with a straight road. Another option is the City could begin the process for that small portion this summer, set public hearings and do it all at once. Mr. VanAuken is not being held responsible for removal of the existing cul-de-sac. This was going to be rebuilt as a full cul-de-sac at some time in the future. The properties directly to the east of the existing cul-de-sac would be assessed for the street improvement and that public hearing process has not begun. Councilmember Bolkcom stated it seems cleaner to her if the existing cul-de-sac would be removed at the same time Mr. VanAuken's cul-de-sac is installed. Mayor Lund and Councilmember Barnette asked how the properties on the existing cul- de-sac would be impacted. I FRIDLEY CITY COUNCIL MEETING OF JUNE 27, 2005 Page 9 of 31 Mr. Haukaas stated they would be assessed and would have a longer driveway and a little more yard. Mr. Hickok stated there will also be a development agreement associated with this proposal that would be reviewed by Council. Mr. Knaak stated the development agreement is the vehicle by which the City can impose, in the negotiation process, certain conditions that would bind the property in the future, such as provision for maintenance. Councilmember Bolkcom asked if Mr. Knaak believes that including the maintenance concerns in the development agreement eliminates the need for an additional stipulation regarding future maintenance. Mr. Knaak responded that is correct. MOTION by Councilmember Wolfe, seconded by Councilmember Wolfe, to deny Preliminary Plat Request, PS #05-03. Mayor Lund stated he understands the concerns of the neighborhood but believes that the applicant has the right to develop his property as it is zoned. Legally, he believes the petitioner has the right to develop his R3 property. UPON A VOICE VOTE, COUNCILMEMBER WOLFE VOTING AYE AND MAYOR LUND, COUNCILMEMBER BARNETTE, COUNCILMEMBER BILLINGS AND COUNCILMEMBER BOLKCOM VOTING NAY, MAYOR LUND DECLARED THE MOTION FAILED ON A FOUR TO ONE VOTE. MOTION by Councilmember Bolkcom, seconded by Councilmember Barnette, to approve Preliminary Plat Request, PS #05-03, by Timothy VanAuken, with the following 12 stipulations: 1) Petitioner shall obtain all necessary permits prior to construction. 2) Any remaining debris from demolition of existing structures and any brush piles on site shall be removed prior to granting of final plat. 3) Grading and drainage plan to be approved by City's engineering staff prior to the issuance of any building permits, in order to minimize impacts to the surrounding properties. 4) The petitioner shall provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 5) During construction, silt fencing shall be used where applicable. 6) Petitioner to pay required park dedication fees of $3,000 prior to issuance of building permits. 7) Petitioner to pay all water and sewer connection fees, including sanitary sewer extension. ' 1 FRIDLEY CITY COUNCIL MEETING OF JUNE 27, 2005 Page 10 of 31 ' 8) The petitioner shall agree to preserve mature trees to the extent possible. All trees required to be removed for the new homes shall be marked and approved by City staff prior to issuance of building permits. 9) Twin homes shall meet all parking requirements. 10) Add appropriate address and marking requirements per Fire Code. 11) The petitioner shall agree to the terms of a development agreement that shall be prepared by City staff and approved by the City Council simultaneous with their final plat approval. 12) The petitioner shall file a perpetual easement for access to Lot 1 on the records of Lot 2 and a perpetual easement for Lot 4 on the records of Lot 3. Councilmember Billings stated the property is zoned R-3 and could develop into something with 18 to 20 units or more with access to 73 '/2 Avenue, in which case instead of having four families driving in and out, there could be 18 to 20 or more. There is somewhat of an inconsistency with the Comprehensive Plan, but what is being proposed is 4 single family units that happen to be two 0 lot line units. He questioned whether that really is inconsistent with the Comp Plan because the homes that are going to be there will be single family, 0 lot line homes. If the City were to rezone it to R-1, the City would be looking at the possibility of a taking in which case the City would have to pay money to the landowner for depriving him of something he already has. UPON A VOICE VOTE, MAYOR LUND, COUNCILMEMBER BARNETTE, COUNCILMEMBER BILLINGS AND COUNCILMEMBER BOLKCOM VOTING AYE AND COUNCILMEMBER WOLFE VOTING NAY, MAYOR LUND DECLARED THE MOTION CARRIED ON A FOUR TO ONE VOTE. Councilmember Bolkcom stated she would like staff to look at the possibility of taking out the existing cul-de-sac at the same time the new cul-de-sac is being constructed and do the proper hearings and notices. NEW BUSINESS: 7. First Reading of an Ordinance A proving a Rezoning, ZOA #05-02, from C-1, Local Business, C-2, Gene al Business, and R-1, Single Family Residential, to S-2, Redevelopment District, for Property Located on Lots 15-19, Spring Valley, Generally Loca d at the Corner of Mississippi Street and Old Central, Fridley, Minnesota, (by Family Lifestyle Development Corporation) (Ward 2). Ms. Jones, Planning Coordinator, stated petitioner is equesting a rezoning of five lots to S-2 Redevelopment District. The lots are located at 314 and 1340 Mississippi Street and 6421 , 6441 and 6461 Central Avenue. City Coun it approved the preliminary plat to subdivide these five parcels into one at their June 1 2005 meeting. The lots on 6441 and 6421 Central have both residential and comme, ial zoning. The rezoning to S-2 makes it possible for the developer to build a mixed us development on this site with retail and housing combined in one development. TherX\was some discussion at FRIDLEY CITY COUNCIL, JUNE 13, 2005 1 Page 25 of 38 8. No business signs shall be loca� d within the County right-of-way. Any planting within the right-of-way to e approved by the County prior to planting. 9. Petitioner to obtain a permit fro Anoka County for any work done within the county right-of-way. 10. Petitioner to submit revised s rm water management plans and calculations for approval by the City Engi eering staff. 11. Storm pond maintenance agreement must be filed prior to issuance of building permits. 12. Petitioner shall obtain r uired NPDES Permit and Rice Creek Watershed District permits. 13. City Engineering staff review and approve grading and drainage plan prior to issuance of buildin permits. 14. Final landscape pla to be reviewed and approved by City Staff prior to the City Council public aring regarding the rezoning on June 13, 2005. 15. Petitioner shall ins 11 a 7' high screening fence or planting screening along the east andsout property lines, according to Section 205.14.6.G(1) of the Fridley Zoning C de. 16. Petitioner to pay required Park Dedication Fee of $3,287.25 (142,924 square feet of land tim s .023 per square feet). 17. Petitioner to p Ovide City with a copy of the building's association documents prior to issua ce of a building permit. 18. Building to b restricted to seniors and policies to do such shall be outlined in association ocuments and filed with the County with the final plat. 19. Provide pr of that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 20. Property wner of record at time of building permit application to pay all water and sew?r connection fees prior to issuance of a building permit. 21. The pe tioner shall be responsible for sharing in the cost of any traffic improv ments necessary to accommodate the traffic specifically generated by the de elopment, including signalization or other improvements, if determined neces ary by Anoka County. 22. A D elopment Agreement outlining the developer's obligation to install utiliti s, etc., will be prepared by the City and shall be signed by the Petitioner prior to final plat approval. 23. The petitioner shall provide walkway access from the site for pedestrian co ections at the north and west sides of property. 16. Preliminary Plat Request, PS #05-03, by Timothy Van Auken to Subdivide Two Multi-Family Lots, Generally Located at 1475 and 1485 73`d Avenue NE (Ward 2). Ms. Jones, Planning Coordinator, stated the petitioner is requesting to subdivide his property at 1475 and 1485 73rd Avenue to create a total of 6 lots to allow for the construction of two new twin homes. The properties are zoned R-3, multiple unit residential. The proposed lots meet the minimum lot width requirement of 75 feet and the minimum lot size of 10,000 square feet for two unit buildings. The new twin homes FRIDLEY CITY COUNCIL, JUNE 13, 2005 Page 26 of 38 will meet all the necessary setback requirements. The lot coverage is shown at 25% which is below the minimum of 30%. All necessary utility/drainage easements are provided on the plat. The proposed lots would be too small for R-3 uses or construction of single family detached housing units in the future. The continued R-3 zoning is inconsistent with the City's Comprehensive Plan, so a minor Comprehensive Plan amendment continuing the R-3 zoning should be completed if this plat is approved. Ms. Jones further explained the proposed plat includes extending access from the 73Y2 Avenue cul-de-sac to 10 feet within the back of the 1475 - 73rd Avenue lot. The ideal access design option would include moving the cul-de-sac west. Staff is analyzing the possible design and costs for this proposal. Ms. Jones stated staff recommends approval of Preliminary Plat Request, PS #05-03, as it provides additional home ownership opportunities. If approved, staff recommends the following stipulations be attached: 1. The petitioner shall obtain all necessary permits prior to construction. 2. Any remaining debris from demolition of existing home and any brush piles on site shall be removed prior to granting of final plat. 3. Grading and drainage plan to be approved by City's engineering staff prior to the issuance of any building permits in order to minimize impacts to the surrounding properties. 4. The petitioner shall provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 5. During construction, silt fencing shall be used where applicable. 6. Petitioner to pay required park dedication fees of $3,000 prior to issuance of building permits. 7. Petitioner to pay all water and sewer connection fees, including sanitary sewer extension. 8. The petitioner shall agree to preserve mature trees to the extent possible. All trees required to be removed for the new homes shall be marked and approved by City staff prior to issuance of building permits. 9. Twin homes shall meet all parking requirements. 10. Add appropriate address and marking requirements per Fire Code. 11. The petitioner shall agree to the terms of a development agreement that shall be prepared by City staff and approved by the City Council simultaneous with their final plat approval. Councilmember Barnette asked Ms. Jones to review the site plan. Mr. Haukaas, Public Works Director, explained the two properties are on 73rd Avenue with the back of the properties extending almost to 73Y2. There is a cul-de-sac at the west end of 73Y2 with a half street currently constructed that extends farther to the west. Mr. Van Auken is proposing to split the north half of his two lots and create 4 lots with 2 twin homes. Staff would prefer to see the cul-de-sac at the west end of the petitioner's lots, but they have never forced a petitioner to purchase additional property from their FRIDLEY CITY COUNCIL, JUNE 13, 2005 Page 27 of 38 neighbors. Mr. Van Auken is proposing to make the half street a whole street and he did reach an agreement with the property owner to the northwest who is willing to provide an easement to extend the half street all the way to the western edge of Mr. Auken's properties. This would allow a full width street past the new twin homes and allow driveways to come out onto that street and would provide snow storage area and turn-around area. In this case, there is a clear definition between the street and the driveways and the City already plows the existing half street. This proposal would create another dead-end street and the staff would prefer to have the cul-de-sac. Staff has looked at other options and has had discussions with the neighbors but some of them are not interested in a full size cul-de-sac. He recommends against putting in less than a full size cul-de-sac. Staff also looked at offsetting the cul-de-sac on Mr. Van Auken's property but that creates setback problems. Because there is already a half street there, there must have been some plan to develop it into a full street at some point in the future, so it would not be reasonable to deny this request just on that basis. He added that without full buy-in from the properties to the north, this seems to be the best plan and staff can support it. Councilmember Bolkcom questioned staff's objections to installing a smaller radius cul- de-sac. Mr. Haukaas stated the smaller radius is a concern for snow removal and emergency vehicles. Also the old cul-de-sac would have to be removed and a new one installed. The fire vehicles need a certain size to turn around. Staff can live with extending the dead-end street because it is already there and it would be a short extension. The Fire Department has a minimum distance they will go into a dead-end street and this would still fall within their minimum. Eliminating the existing cul-de-sac and putting in a smaller radius cul-de-sac at the west end would result in too great a length for the fire trucks. Also, Council has always been concerned about setting a precedent, so if we go to a smaller cul-de-sac for this petitioner they would have to do the same for the next. Councilmember Bolkcom stated the City should not set a precedent for dead-end streets either. Councilmember Billings stated his understanding is that if a reduced radius cul-de-sac were installed, staff would recommend removal of the existing full size cul-de-sac which means emergency vehicles would have to back all the way out to Pinetree Lane. He then questioned why the full size cul-de-sac would have to be removed. Mr. Haukaas responded if the full-size cul-de-sac remains, there is no need to install the smaller cul-de-sac. Councilmember Billings questioned if there is an easement for the road on the property to the east. Mr. Haukaas responded that easement exists. FRIDLEY CITY COUNCIL, JUNE 13, 2005 Page 28 of 38 Councilmember Bolkcom commented that single-family homes could be placed on this site. Ms. Jones responded that is correct. Councilmember Bolkcom stated there does not seem to be a very good solution for handling the traffic out of these properties. Mayor Lund questioned how much more of this area is zoned R-3. Ms. Jones stated there is still large area with R-3 zoning, which would allow for the construction of an apartment building. Councilmember Billings questioned what is currently on the property immediately to the west and what is on the northern edge of that lot. Mr. Haukaas explained that apartment building was built about 6 or 7 years ago and their storm pond is along the northerly edge. Councilmember Billings stated he is concerned that the owners of that property, once the street goes in, will want to have access across that so they come in from 73Y2. Mr. Haukaas responded that would take a significant amount of redevelopment of their lot to be able to restore the ponding someplace else and make that connection. He also explained that the road as proposed would stop short of that property for storage purposes. Councilmember Billings suggested we stop the dedicated plat and get an easement for the last ten feet so someone else can not connect to the roadway. Councilmember Bolkcom asked if this property is zoned R-3 how did it appear as a different zoning in the Comprehensive Plan. She also questioned the difference between a twin home and a double bungalow. Ms. Jones explained she assumes that this occurred because even though the property is zoned R-3, they contain single family homes, so the Comprehensive Plan reflected the zoning that would be consistent with the existing use. A twin home would be an attached single family home where each owner owns the property around their housing unit and is responsible for caring for that property. She added that the petitioner plans to live in one of the units. Councilmember Billings commented that a double bungalow is typically owned by one person. FRIDLEY CITY COUNCIL, JUNE 13, 2005 Page 29 of 38 Mr. Haukaas stated staff did require the petitioner to extend the proposed roadway 20 feet beyond the last driveway so they could back up onto the street and drive straight out. Petitioner Timothy Van Auken, 1475 - 73rd Avenue, stated he respects Council's concerns. He initially planned to proceed with this project and finish the existing dead- end street. He has owned the properties over ten years and knew when he purchased the property there was a risk associated with the R-3 zoning. Six to seven years ago, a 20-unit apartment building was constructed right next to his home. At that time, he had an opportunity to buy his neighbor's property. A lot of developers have been interested in purchasing his property for the construction of an apartment complex. He has also looked into building single-family homes but the cost of extending the sewer and water and finishing the roadway made that prohibitive. There is water and sewer available at the back of 1485 with the intent of having that area developed. Also 1-'/2 feet of the roadway easement is on his property. He initially proposed extending the half street but staff wanted him to share a driveway for the two proposed units, which he did not feel was feasible as far as curb appeal. He contacted his neighbor and obtained a roadway easement across her property to finish the half street. He is not closed to the cul-de-sac option but knows there is some concern about the size of the cul-de-sac. He stated he believes a precedent has been set with an unfinished dead-end street and he is just asking to be allowed to finish that dead-end street. He plans to be an owner-occupier with the intention of leasing out the one side--hopefully executive leasing to Medtronic employees. He is educated in residential property management. He would appreciate the opportunity to exercise his legal rights to develop his property in accordance with the City ordinances. He cares what his neighbors think and he does not want to create bad feelings. Ms. Pam Reynolds, 1241 Norton, stated there is R-1 zoning around the R-3 and if allowed to develop as R-3, it would bring R-3 uses into a single family neighborhood. The decisions the Council makes today could affect what happens to this single-family neighborhood in the years to come. Ms. Sue Sherek, 1530 73 '/2 Avenue, stated the present zoning is R-3; however single- family homes have been on this property since 1951. The R-3 zoning is not consistent with the current or previous Comprehensive Plan. The future land use for the parcel in 2020 also shows single family. The west cul-de-sac on 73'/2 is all R-1. The first R-3 property to the east is another single-family residence. At the Planning Commission, meeting the members suggested that Council address the issue of whether this property should be rezoned to R-1 to match the existing uses. The multi-unit apartment building to the west of the petitioner is completely fenced off with a 6 to 7 foot high fence. She asked Council to take action necessary to bring the zoning into compliance with the Comprehensive Plan and with the uses in the neighborhood. This also meets the second goal of the plan to provide single-family lots for residential construction. Mr. John Jackels, 1479 - 73'/2 Avenue, presented a petition requesting that Council make the zoning on this property in compliance with the Comprehensive Plan. The FRIDLEY CITY COUNCIL, JUNE 13, 2005 Page 30 of 38 neighbors feel strongly about the single-family characteristic of the neighborhood. The other R-3 zoned properties do not have access onto 73Y2 Avenue. Mayor Lund commented that th& petitioner could sell the properties -and a large apartment building could be constructed on the site because it is already zoned R-3. Mr. Jackels stated this proposal is the least attractive alternative for this property. The apartment building has been a good neighbor. Councilmember Bolkcom questioned if Council can legally change the zoning on this property when what is before the Council is a plat approval. Mr. Knack, City Attorney, stated what the Council is considering is a replatting and the question is whether or not this is appropriate in this zoning district. If the replatting is appropriate for the existing zoning and Council denies this, Council could face some difficulties if they do not have a concrete, factual basis for doing so. Councilmember Bolkcom questioned if the neighbors' opposition could be considered a factual basis for denial. Dr. Burns, City Manager, commented that the petitioner has applied for a replat and that is the question Council has to answer at this point. Ms. Sherek stated the second matter is the extension of the cul-de-sac which staff has stated cannot be constructed and still have buildable lots. With the entire square footage of the two properties, the lines to replat can be moved in such a way to have buildable lots. Mr. Van Auken's plan does not create an equal split between the north and south lots. If he moved those lines to the south he would create enough area to put the cul-de-sac on his own property. The City Code, Section 211.07.12 provides for dead-end or cul-de-sac streets and it does not say that a dead end street does not need to have this. Staff stated at the Planning Commission meeting that a precedent was set when the half street was done in 1986. No one determined the reason behind that action. That unusual extension occurred in anticipation of further subdivision of the remaining property to the west. It was assumed that a cul-de-sac would be placed at the end or the street would go all the way through to Hayes. Subsequent development to the west of the petitioner means it cannot be extended to Hayes but it does not mean the cul-de-sac can not be moved there. In fact, the existing cul-de-sac was done in bituminous in anticipation that eventually the whole thing would move. Also, members of the Planning Commission stated they could not vote for this proposal with the dead end option and they asked staff for the cul-de-sac options. If the development proposal goes forward, they would request that Council direct staff to work with the petitioner on the cul-de-sac proposal. Mr. Jackels stated he prepared a drawing showing the cul-de-sac at the west end with the standard 40-foot radius centered on the property line. His calculations show that in order to complete the cul-de-sac approximately, 500 square feet of his property would FRIDLEY CITY COUNCIL, JUNE 13, 2005 Page 31 of 38 be lost including a large tree. He is not in favor of losing the tree. He met with staff members to discuss the reduced radius cul-de-sac option. With the reduced radius cul- de-sac, Mr. Van Auken would still be able to make two 10,000 square foot lots. He also worked on drawing an offset cul-de-sac option in which he would not have to lose his tree but a fire hydrant would have to be relocated. His main point is that two buildable lots are possible on the petitioner's property with the cul-de-sac installed. As a traffic engineer, he believed that backing in and out of a dead end street would be very problematic at best, which is why he would like to see the reduced radius cul-de-sac. He further stated he would rather see a 34-foot dead end street width rather than the 30-foot width being proposed by staff. He also suggested the existing curb be relocated to center that street on the property line. MOTION by Councilmember Wolfe, seconded by Councilmember Bolkcom, to accept the petition and the letter from Sue Sherek into the record. UPON A VOICE VOTE, ALLVOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mayor Lund stated he is inclined to agree with Mr. Jackels that a cul-de-sac would be best. He did not see that the Council can now rezone the property to R-1. Mr. Van Auken agreed about the cul-de-sac, but the issue is the affected property owners being willing to dedicate the right of way from their property. He also stated he cannot move the property line to the south as suggested by the neighbors. He is willing to work with the neighbors but if Mr. Jackels does not take some of the setback on his property to allow the cul-de-sac, the petitioner will have problems. Mayor Lund suggested the petitioner try and work out some of these issues prior to the next meeting. Councilmember Bolkcom stated she cannot support the dead end street and asked if staff can reach some resolution regarding the cul-de-sac prior to the next meeting. Mr. Haukaas agreed that the cul-de-sac is the best option. If Council is not in favor of the dead end street, he agreed that the matter should be tabled until the next meeting. Ms. Debra Jackels, 147 73'/2 Avenue. stated if this is approved, the petitioner will be putting up four homes the size of their home in less property which will change the neighborhood. Mr. Michael Tippler, 1667 73rd Avenue, stated this is an R-1 neighborhood. His back yard looks onto the east end of 73'/2. He has lived there since 1992 and he agreed that this proposal is too much development in too small an area. Earlier this year he wanted to improve his home by creating an enclosed garage where a dilapidated carport existed. City staff indicated he could not do this because the lot he purchased has FRIDLEY CITY COUNCIL, JUNE 13, 2005 Page 32 of 38 1,470 square feet of accessory structure. He asked for an explanation why he was not allowed to proceed with his plans. Councilmember Billings asked what accessory structures are currently on Mr. Tippler's property. Mr. Tippler responded there is a four-car detached garage and a 12' x 16' shed. All he was trying to do was get rid of the flat-roofed carport and build a garage in the same amount of square footage. Mayor Lund asked that Mr. Tippler work with City staff to resolve his concerns regarding the garage. Mr. Tippler stated he thinks it would be a mistake to add more rental property when the current rental areas are already creating problems. Mr. Jackels stated he could not find a definition for "twin home" in the code and he questioned whether they will be owner occupied or rental. MOTION by Councilmember Wolfe, seconded by Councilmember Bolkcom, to table this matter to the June 27 Council meeting. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 17. First Readin of an Ordinance Amending the Fridley City Charter, Chapter 7, Taxe Section 7.03.A, Pertaining to Utility Fees. Mr. Pribyl, Finance Direct , stated earlier this evening, he handed out a corrected ordinance to Council membe As a result of the 2005 City Council and Commission Survey, it was determined that e City should limit its losses in the water and sanitary sewer utility funds due to increa ing costs and the limitation of the City Charter, by holding a special election to ame this section of the Charter. Minnesota statutes allow an amendment by ordinance bject to the Charter Commission review. The ordinance before the Council is propos' g a charter amendment that would begin the public discussion on this issue. If Coun '1 wishes to proceed, this would be the first reading and then it would be forwarded to he Charter Commission for review. The Charter Commission has a 60-day review peri for approval or denial of the proposed amendment and that date would be August 12, 005. If more time is needed for the review, the Charter Commission may adopt are lution requesting a 90-day review period which would actually take the matter to No\August 2005. The ordinance would need to be forwarded to the Charter Commne 14 for their review. State law requires that charter amendments that aced on the ballot for a general election be forwarded to the county 12 weekgeneral election, which would require the City to notify the Anoka County by 005. When forwarding the ordinance, the City Council may wish to expency and request the ANOKA COUNTY MINNESOTA Document No.: 1978171.002 ABSTRACT I hereby certify that the within instrument was filed in this office for record on: 09/13/2005 3:16:00 PM Fees/Taxes In the Amount of: $46.00 MAUREEN J. DEVINE Anoka County Property Tax Administrator/Recorder,�Registrar of Titles MDT, Deputy Record ID: 1601584 I Record ID 160163IIIIIIII 5 STATE OF MINNESOTA ) CITY COUNCIL PROCEEDINGS SUBDIVISION (PLAT OR LOT SPLIT) COUNTY OF ANOKA ) CITY OF FRIDLEY ) In the Matter of: Preliminary Plat, PS #05-03 1978171 - 003 Owner: Timothy J. Van Auken The above entitled matter came before the City Council of the City of Fridley and was heard on the 27th day of June, 2005, on a petition for a subdivision pursuant to the City of Fridley's Zoning Ordinance, for the following described property: To subdivide two multi-family lots, legally described as Lot 27, Auditor's Subdivision 129, subject to easement of record, generally located at 1475 — 73rd Avenue NE. IT IS ORDERED that a subdivision be granted as upon the following conditions or reasons: Approval with 12 stipulations. See City Council Meeting Minutes of June 27th & June 13th, 2005. STATE OF MINNESOTA ) COUNTY OF ANOKA ) OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) I, Debra A. Skogen, City Clerk for the City of Fridley, with and in for said City of Fridley, do hereby certify that I have compared the foregoing copy and order granting a subdivision with the original record thereof preserved in my office, and have found the same to be a correct and true transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto sub crib d m hand at the City of Fridley, Minnesota, in the County of Anoka on the /a 5 day of , 2005. DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 De ra A. Skogen, City Cler (SEAL) FRIDLEY CITY COUNCIL MEETING OF JUNE 27 2005 Page 3 of 31 UPON A VOICE VOTE, ALL VOTI G AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Peter Borman, 120 River Edge day and President of the 49'er Days Festival, thanked the City, City staff-members, a d Police and Fire employees for their help in making this year's festival a success. Gerald Mackelberg, 425 Re Creek Boulevard, stated he lives in the area immediately south of Columbia Ice Fe na and the residents in that area are concerned about the potential sale of the ara. It would be much better for the City to purchase that property and thereby h control over how it will be developed. He asked that the City ensure that in the fut e, it does a better job of keeping the residents informed about what transpires on th' property. He suggested this would be a good location for a new din public safety builfor the City of Fridley. Councilmember Ii pointed out that the recent City newsletter contained a large article about th status of Columbia Arena with questions and answers from the Minnesota Spo Commission. He added that the City of Fridley does not control that site. Also, the Minnesota Sports Commission held an informational meeting with the users of that a ena and the surrounding neighborhood. Mayor Lund said he understood Mr. Mackelberg s concerns. OLD BUSINESS: 6. Preliminary Plat Request, PS #05-03, by Timothy VanAuken, to Subdivide Two Multi-Family Lots, Generally Located at 1475 and 1485 73`d Avenue NE (Ward 2) (Tabled June 13, 2005). Mr. Hickok, Community Development Director, explained that the property involved fronts on 73`d Avenue and currently has two single family homes. The homes have recently been resided and re-roofed. There was some question regarding whether permits had been obtained for those improvements, so Mr. Hickok reviewed the history of building permits issued for this property. To the north is a short dead-end street in front of a home at 1479 73 '/2 Avenue. Some of the issues that came up at the last meeting had to do with the most appropriate access to this site. Staff reviewed the access options and determined that a cul-de-sac that would only involve the lots being subdivided would be the best solution. There were concerns expressed about a standard size cul-de-sac which would affect an existing fire hydrant and mature trees. As a result, the proposed standard size cul-de-sac has a design that will be able to be plowed by Public Works and to allow access for emergency vehicles but will only take its radius from the south side of what would be the right-of-way of 73 '/z Avenue. Taking away enough land area from one property to allow for the cul-de-sac could be detrimental to the subdivision of that property. For that purpose, this is being proposed as an easement for roadway and utility purposes. This proposed cul-de-sac shifts the buildable area a bit south taking it back from the street. Neighbors were concerned FRIDLEY CITY COUNCIL MEETING OF JUNE 27, 2005 Page 4 of 31 , about the proposed units being up close right across from their property but this has the effect of moving the buildings back a bit. It also reduces the rear yard to 25 feet. In the ordinance, the R-3 code talks about a rear yard setback of '/4 of the lot depth but no less tha-n 25 feet. By approving this plat as it is being proposed and recommended by staff, it does recognize a setback of 25 feet as opposed to 33 feet. Considering all alternatives, this proposal would be the best for allowing the lots to be properly placed. This proposal does provide for the neighbors to the north to preserve their mature trees. It allows Mary Jane Hanson to subdivide her property in the future if she chooses to do so. It also takes as little property from Ms. Hanson as possible while still giving her the ability to access the cul-de-sac. Mr. Hickok said there were a number of questions submitted via email which he responded to except for those that came in late. One of those questioned how the Council could invoke the Comprehensive Plan in one hearing and ignore it in the next, specifically the inconsistencies in zoning. He pointed out that the zoning on petitioner's property is R-3, and the property is able to be subdivided in the manner proposed. As far as the inconsistency with the Comprehensive Plan, he stated that during the Comprehensive Plan review staff pointed out to Council some zoning inconsistencies and the Council directed staff to review such inconsistencies as projects were brought forward. The developer has submitted an application that is permissible in the existing zoning. Mr. Hickok stated another question regarded the single family attached development being proposed for this site. He explained the petitioner is proposing to construct two two-unit town home buildings for a total of four units which is a permitted use in this zoning district. in response to the question regarding the minimum lot size for each unit, Mr. Hickok explained that each of the two unit buildings is acting together as a building and together they exceed the 10,000 square foot minimum land area. Another question was how these would be separately owned parcels under the units. Staff knows from past experience that associations with less than 40 units are not successful or strong in the town home development world. Developers do not want to create small associations because associations are typically internal and it is very difficult even with 40 units to get people to serve on the association board to manage the property. With smaller unit numbers, it is not unusual to have the land underneath the buildings owned by the individuals who own the individual units. This project is not being proposed to somehow create a 5,000 square foot property that could later have two units on it. As far as the question regarding variances, he explained that by having the burden of all of the cul-de-sac on the developer's property it moves the units south and creates a situation where they have a reduced yard setback of 7 feet. In spite of that, Council does have in its authority the ability to grant variances through the platting process. Staff recommends approval of this proposal including the rear yard variance. Councilmember Barnette asked what the rear yard setback is for the homes currently on 73 Id Avenue. FRIDLEY CITY COUNCIL MEETING OF JUNE 27, 2005 Page 5 of 31 Mr. Hickok stated as proposed .the rear yard of 1475 would be 35.82 feet and the detached garage setback will be 8 feet. The rear yard setback for the home at 1485 setback is closer to 40 feet. Councilmember Billings asked if there are other 0 lot line, two-unit homes in the City. Mr. Hickok responded that there are a number of side-by-side lots throughout the City. A recently approved development on University Avenue with 6 town homes with each town home owning the footprint under their building is considered a 0 lot line development. Councilmember Bolkcom asked Mr. Hickok to review the rear yard setback on this proposal. Mr. Hickok explained that by having the full cul-de-sac come down on the petitioner's side of the right-of-way, it shifted the buildable area south. The rear yard variance would not be necessary if the units were moved closer to the cul-de-sac but staff believed having vehicles fully parked on the driveway of the proposed units is better than having a situation where they have to rely on the right-of-way to park. Moving the units to the south also allows for a bigger front yard and a more appealing separation from the neighbors. Councilmember Bolkcom commented that this development could be accomplished with a dead end street but the cul-de-sac is a better option in staff's opinion. Mr. Hickok agreed. Mr. Haukaas, Public Works Director, commented the ease of maintenance and ease of access are valid concerns and the cul-de-sac addresses those concerns. Mayor Lund asked about the front yard setback. Mr. Hickok explained that is one of the features that made it important for the developer to provide an easement as opposed to a right-of-way. The front property line remains in its current position and the cul-de-sac will be on the petitioner's property, and he has allowed the street and utility improvements by easement. Mayor Lund stated that another neighbor's concern regarded whether or not a building permit was issued for the garage improvement on the petitioner's property. Ms. Jones, Planning Coordinator, explained that staff does not list every permit in the cover sheets provided. Mr. Hickok reviewed the permits pulled for the petitioner's property including a permit for a garage addition in 1998. FRIDLEY CITY COUNCIL MEETING OF JUNE 27, 2005 Page 6 of 31_, Councilmember Bolkcom asked if Mr. Knaak concurs with Mr. Hickok's interpretation of the Comprehensive Plan. Mr. Knaak stated he does concur. Pam Reynolds, 1241 Norton, stated as it sits, the frontage of the properties is R-3. Once subdivided, the twin homes will be on R-3 but facing into an R-1 neighborhood. Currently the zoning is inconsistent and by subdividing they will be making two inconsistent properties. Councilmember Bolkcom pointed out there is an R-3 use behind this property and the petitioner's property is currently zoned R-3. Ms. Reynolds stated that the petitioner's property is adjacent to R1 uses. Sue Sherek, 1530 73 Y2 Avenue, stated the apartment building is completely fenced off from the neighborhood by a six-foot high solid wood fence and does not access 73rd Avenue. The City is supposed to bring non-conforming property into conformity with the approval of the Comprehensive Plan. Waiting to treat non-conformities on a case-by- case basis is taking away the Comprehensive Plan and creating spot zoning. While she understands Mr. VanAuken's desire to develop his property, she has a question about the concept of using an easement versus right-of-way for the cul-de-sac. Placing the cul-de-sac entirely on the petitioner's property means that each of the properties are under the 10,000 square foot minimum, the setback requirements are not met, the lot area requirements are not met and Lots 2 and 3 exceed the 30% lot coverage requirement. This is a case of someone trying to put too much on too little property. In the subdivision section of the City Code, 211.04, it requires the covenants to be recorded. She does not understand how, without an association, the twin homes will be governed. Mr. Hickok explained that the neighborhood was extremely concerned about this property being developed off a dead-end street versus a cul-de-sac. The cul-de-sac can happen without impacting the Jackels property or the Hanson property by having the full burden of the cul-de-sac brought down to the petitioner's property. The purpose of the easement versus right-of-way allows the lots to remain. The underlying property is still owned and the calculations for lot coverage still remain intact even though the developer has dedicated an easement of a portion of the property which is formal permission for street and utility work. The developer assumes the entire burden of the cul-de-sac including the costs. It does not result in the lots being non-conforming. Councilmember Bolkcom asked if the petitioner did not put the entire cul-de-sac on his property would there be sufficient existing right-of-way. Mr. Haukaas stated the north half of the existing street is on an easement, not a right-of- way. Additional easement or right-of-way would have to be obtained from the properties FRIDLEY CITY COUNCIL MEETING OF JUNE 27, 2005 Page 7 of 31 to the north to construct the right-of-way if it is not placed entirely on the petitioner's property. Councilmember Bolkcom stated that this is a trade-off; property could be taken from adjacent property owners, but by placing the cul-de-sac on the petitioner's property, there is less of an impact. Mr. Haukaas stated that is correct. Mr. Hickok stated that initially the petitioner will own all the units and file documents that would set a certain standard and shared responsibility on the units and properties. This proposal is purposely done in a way where each person owns and is responsible for their individual unit. Councilmember Bolkcom suggested these concerns be addressed in an additional stipulation. Mr. VanAuken stated he understands the neighbors' concerns and stated if and when these properties are sold there will be restrictions filed specifying how improvements will be handled. He further stated he plans to build only one building, living on one side and renting the other. Then, within 2 to 5 years, he would erect the second building. He plans to build something very nice for his family's financial security. Mayor Lund asked Mr. VanAuken why he did not just build single family homes. Mr. VanAuken said the cost of street improvements makes it prohibitive to build only a single family home. Councilmember Billings asked if these are the first two 0 lot line twin homes built in the Twin Cities. Mr. Hickok responded they are not. This is a very popular style home with probably thousands in the Twin Cities area. Councilmember Billings asked if there has been a lot of conversation about disputes between twin home residents as far as maintenance issues. Mr. Hickok stated he is not aware of any. Councilmember Wolfe commented that there are twin homes in Columbia Heights where such conflicts occur. Councilmember Bolkcom commented that the same could be said about single family homes. FRIDLEY CITY COUNCIL MEETING OF JUNE 27, 2005 Page 8 of 31_ John Jackels, 1479 73 1/2 Avenue, stated he is still concerned about the setback and easement issues. He also believes that this proposal is putting a lot of stuff on a small space. He said he does not want to say no to development, but he wants everyone to be on the same page because otherwise they are not going to have a friendly neighborhood. He claimed he had to obtain a variance two years ago because he could not build onto the front based on the setback requirements. Mr. Hickok explained Mr. Jackels' variance was to the rear yard, not the front yard. There was not at any time, a situation where Mr. Jackels was adding on to the front of his house. He offered to take a look at Mr. Jackels' property to determine whether or not he can expand his home into the front yard. What is being proposed by the petitioner is consistent with what has been done in other areas of the City. Mayor Lund stated Council has allowed a relaxation of setbacks in the front yard to allow older homes in the City to expand. Mr. Jackels pointed out there are single family homes around the petitioner's property and this proposal would double the density and impact the neighborhood. The apartment building traffic does not utilize 73 1/2 Avenue and is separated completely. Councilmember Barnette asked if the installation of this cul-de-sac creates a situation for the property on the northwest corner to split for development. Mr. Hickok stated that property could subdivide, but it is zoned R-1 and would have to be single family homes. The important thing to remember for this proposal is that Mr. VanAuken's property is zoned R-3. He is not asking for a rezoning. Also, his property is roughly the size of the property to the west where a 21-unit apartment building was permissible and constructed. Mr. Haukaas explained that Mr. VanAuken has requested the City build the cul-de-sac and assess him, which the City has done and is willing to do for this petitioner. At this time, the City would leave the existing cul-de-sac alone because it is in the City's 3-year plan for reconstruction at which time it would be removed and replaced with a straight road. Another option is the City could begin the process for that small portion this summer, set public hearings and do it all at once. Mr. VanAuken is not being held responsible for removal of the existing cul-de-sac. This was going to be rebuilt as a full cul-de-sac at some time in the future. The properties directly to the east of the existing cul-de-sac would be assessed for the street improvement and that public hearing process has not begun. Councilmember Bolkcom stated it seems cleaner to her if the existing cul-de-sac would be removed at the same time Mr. VanAuken's cul-de-sac is installed. Mayor Lund and Councilmember Barnette asked how the properties on the existing cul- de-sac would be impacted. FRIDLEY CITY COUNCIL MEETING OF JUNE 27, 2005 Page 9 of 31 Mr. Haukaas stated they would be assessed and would have a longer driveway and a little more yard. Mr. Hickok stated there will also be a development agreement associated with this proposal that would be reviewed by Council. Mr. Knaak stated the development agreement is the vehicle by which the City can impose, in the negotiation process, certain conditions that would bind the property in the future, such as provision for maintenance. Councilmember Bolkcom asked if Mr. Knaak believes that including the maintenance concerns in the development agreement eliminates the need for an additional stipulation regarding future maintenance. Mr. Knaak responded that is correct. MOTION by Councilmember Wolfe, seconded by Councilmember Wolfe, to deny Preliminary Plat Request, PS #05-03. Mayor Lund stated he understands the concerns of the neighborhood but believes that the applicant has the right to develop his property as it is zoned. Legally, he believes the petitioner has the right to develop his R3 property. UPON A VOICE VOTE, COUNCILMEMBER WOLFE VOTING AYE AND MAYOR LUND, COUNCILMEMBER BARNETTE, COUNCILMEMBER BILLINGS AND COUNCILMEMBER BOLKCOM VOTING NAY, MAYOR LUND DECLARED THE MOTION FAILED ON A FOUR TO ONE VOTE. MOTION by Councilmember Bolkcom, seconded by Councilmember Barnette, to approve Preliminary Plat Request, PS #05-03, by Timothy VanAuken, with the following 12 stipulations: 1) Petitioner shall obtain all necessary permits prior to construction. 2) Any remaining debris from demolition of existing structures and any brush piles on site shall be removed prior to granting of final plat. 3) Grading and drainage plan to be approved by City's engineering staff prior to the issuance of any building permits, in order to minimize impacts to the surrounding properties. 4) The petitioner shall provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 5) During construction, silt fencing shall be used where applicable. 6) Petitioner to pay required park dedication fees of $3,000 prior to issuance of building permits. 7) Petitioner to pay all water and sewer connection fees, including sanitary sewer extension. FRIDLEY CITY COUNCIL MEETING OF JUNE 27, 2005 Page 10 of 31 8) The petitioner shall agree to preserve mature trees to the extent possible. All trees required to be removed for the new homes shall be marked and approved by City staff prior to issuance of building permits. 9) Twin homes shall meet all pay king requirements. 10) Add appropriate address and marking requirements per Fire Code. 11) The petitioner shall agree to the terms of a development agreement that shall be prepared by City staff and approved by the City Council simultaneous with their final plat approval. 12) The petitioner shall file a perpetual easement for access to Lot 1 on the records of Lot 2 and a perpetual easement for Lot 4 on the records of Lot 3. Councilmember Billings stated the property is zoned R-3 and could develop into something with 18 to 20 units or more with access to 73 '/2 Avenue, in which case instead of having four families driving in and out, there could be 18 to 20 or more. There is somewhat of an inconsistency with the Comprehensive Plan, but what is being proposed is 4 single family units that happen to be two 0 lot line units. He questioned whether that really is inconsistent with the Comp Plan because the homes that are going to be there will be single family, 0 lot line homes. If the City were to rezone it to R-1, the City would be looking at the possibility of a taking in which case the City would have to pay money to the landowner for depriving him of something he already has. UPON A VOICE VOTE, MAYOR LUND, COUNCILMEMBER BARNETTE, COUNCILMEMBER BILLINGS AND COUNCILMEMBER BOLKCOM VOTING AYE AND COUNCILMEMBER WOLFE VOTING NAY, MAYOR LUND DECLARED THE MOTION CARRIED ON A FOUR TO ONE VOTE. Councilmember Bolkcom stated she would like staff to look at the possibility of taking out the existing cul-de-sac at the same time the new cul-de-sac is being constructed and do the proper hearings and notices. NEW BUSINESS: 7. First Reading of an Ordinance A proving a Rezoning, ZOA #05-02, from C-1, Local Business, C-2, Gene al Business, and R-1, Single Family Residential, to S-2, Redevelopment District, for Property Located on Lots 15-19, Spring Valley, Generally Loca d at the Corner of Mississippi Street and Old Central, Fridley, Minnesota, (by Family Lifestyle Development Corporation) (Ward 2). Ms. Jones, Planning Coordinator, stated petitioner is equesting a rezoning of five lots to S-2 Redevelopment District. The lots are located at 314 and 1340 Mississippi Street and 6421, 6441 and 6461 Central Avenue. City Coun it approved the preliminary plat to subdivide these five parcels into one at their June 1 2005 meeting. The lots on 6441 and 6421 Central have both residential and comme ial zoning. The rezoning to S-2 makes it possible for the developer to build a mixed us development on this site with retail and housing combined in one development. Ther was some discussion at FRIDLEY CITY COUNCIL, JUNE 13, 2005 Page 25 of 38 8. No business signs shall be located within the County right-of-way. Any planting within the right-of-way tope' approved by the County prior to planting. 9. Petitioner to obtain a permit fro noka County for any work done within the county right-of-way. 10. Petitioner to submit revised s rm water management plans and calculations for approval by the City Engi eering staff. 11. Storm pond maintenance agreement must be filed prior to issuance of building permits. 12. Petitioner shall obtain required NPDES Permit and Rice Creek Watershed District permits. 13. City Engineering staff review and approve grading and drainage plan prior to issuance of buildin permits. 14. Final landscape Fla to be reviewed and approved by City Staff prior to the City Council public aring regarding the rezoning on June 13, 2005. 15. Petitioner shall ins II a 7' high screening fence or planting screening along the east and sout property lines, according to Section 205.14.6.G(1) of the Fridley Zoning C de. 16. Petitioner to pay required Park Dedication Fee of $3,287.25 (142,924 square feet of land tim s .023 per square feet). 17. Petitioner to p Ovide City with a copy of the building's association documents prior to issua ce of a building permit. 18. Building to b restricted to seniors and policies to do such shall be outlined in association ocuments and filed with the County with the final plat. 19. Provide pr of that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 20. Property wner of record at time of building permit application to pay all water and sewr connection fees prior to issuance of a building permit. 21. The pe tioner shall be responsible for sharing in the cost of any traffic improv ments necessary to accommodate the traffic specifically generated by the de elopment, including signalization or other improvements, if determined neces ary by Anoka County. 22. A D elopment Agreement outlining the developer's obligation to install utiliti s, etc., will be prepared by the City and shall be signed by the Petitioner prior to final plat approval. 23. The petitioner shall provide walkway access from the site for pedestrian co , ections at the north and west sides of property. 16. Preliminary Plat Request, PS #05-03, by Timothy Van Auken to Subdivide Two Multi-Family Lots, Generally Located at 1475 and 1485 73rd Avenue NE (Ward 2). Ms. Jones, Planning Coordinator, stated the petitioner is requesting to subdivide his property at 1475 and 1485 73rd Avenue to create a total of 6 lots to allow for the construction of two new twin homes. The properties are zoned R-3, multiple unit residential. The proposed lots meet the minimum lot width requirement of 75 feet and the minimum lot size of 10,000 square feet for two unit buildings. The new twin homes FRIDLEY CITY COUNCIL, JUNE 13, 2005 Page 26 of 38 will meet all the necessary setback requirements. The lot coverage is shown at 25% which is below the minimum of 30%. All necessary utility/drainage easements are provided on the plat. The proposed lots would be too small for R-3 uses or construction of single family detached housing units in the future. The continued R-3 zoning is inconsistent with the City's Comprehensive Plan, so a minor Comprehensive Plan amendment continuing the R-3 zoning should be completed if this plat is approved. Ms. Jones further explained the proposed plat includes extending access from the 731/2 Avenue cul-de-sac to 10 feet within the back of the 1475 - 73rd Avenue lot. The ideal access design option would include moving the cul-de-sac west. Staff is analyzing the possible design and costs for this proposal. Ms. Jones stated staff recommends approval of Preliminary Plat Request, PS #05-03, as it provides additional home ownership opportunities. If approved, staff recommends the following stipulations be attached: 1. The petitioner shall obtain all necessary permits prior to construction. 2. Any remaining debris from demolition of existing home and any brush piles on site shall be removed prior to granting of final plat. 3. Grading and drainage plan to be approved by City's engineering staff prior to the issuance of any building permits in order to minimize impacts to the surrounding properties. 4. The petitioner shall provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 5. During construction, silt fencing shall be used where applicable. 6. Petitioner to pay required park dedication fees of $3,000 prior to issuance of building permits. 7. Petitioner to pay all water and sewer connection fees, including sanitary sewer extension. 8. The petitioner shall agree to preserve mature trees to the extent possible. All trees required to be removed for the new homes shall be marked and approved by City staff prior to issuance of building permits. 9. Twin homes shall meet all parking requirements. 10. Add appropriate address and marking requirements per Fire Code. 11. The petitioner shall agree to the terms of a development agreement that shall be prepared by City staff and approved by the City Council simultaneous with their final plat approval. Councilmember Barnette asked Ms. Jones to review the site plan. Mr. Haukaas, Public Works Director, explained the two properties are on 73 d Avenue with the back of the properties extending almost to 731/2. There is a cul-de-sac at the west end of 731/2 with a half street currently constructed that extends farther to the west. Mr. Van Auken is proposing to split the north half of his two lots and create 4 lots with 2 twin homes. Staff would prefer to see the cul-de-sac at the west end of the petitioner's lots, but they have never forced a petitioner to purchase additional property from their FRIDLEY CITY COUNCIL, JUNE 13, 2005 Page 27 of 38 neighbors. Mr. Van Auken is proposing to make the half street a whole street and he did reach an agreement with the property owner to the northwest who is willing to provide an easement to extend the half street all the way to the western edge of Mr. Auken's properties. This would allow a full width street past the new twin homes and allow driveways to come out onto that street and would provide snow storage area and turn-around area. In this case, there is a clear definition between the street and the driveways and the City already plows the existing half street. This proposal would create another dead-end street and the staff would prefer to have the cul-de-sac. Staff has looked at other options and has had discussions with the neighbors but some of them are not interested in a full size cul-de-sac. He recommends against putting in less than a full size cul-de-sac. Staff also looked at offsetting the cul-de-sac on Mr. Van Auken's property but that creates setback problems. Because there is already a half street there, there must have been some plan to develop it into a full street at some point in the future, so it would not be reasonable to deny this request just on that basis. He added that without full buy-in from the properties to the north, this seems to be the best plan and staff can support it. Councilmember Bolkcom questioned staff's objections to installing a smaller radius cul- de-sac. Mr. Haukaas stated the smaller radius is a concern for snow removal and emergency vehicles. Also the old cul-de-sac would have to be removed and a new one installed. The fire vehicles need a certain size to turn around. Staff can live with extending the dead-end street because it is already there and it would be a short extension. The Fire Department has a minimum distance they will go into a dead-end street and this would still fall within their minimum. Eliminating the existing cul-de-sac and putting in a smaller radius cul-de-sac at the west end would result in too great a length for the fire trucks. Also, Council has always been concerned about setting a precedent, so if we go to a smaller cul-de-sac for this petitioner they would have to do the same for the next. Councilmember Bolkcom stated the City should not set a precedent for dead-end streets either. Councilmember Billings stated his understanding is that if a reduced radius cul-de-sac were installed, staff would recommend removal of the existing full size cul-de-sac which means emergency vehicles would have to back all the way out to Pinetree Lane. He then questioned why the full size cul-de-sac would have to be removed. Mr. Haukaas responded if the full-size cul-de-sac remains, there is no need to install the smaller cul-de-sac. Councilmember Billings questioned if there is an easement for the road on the property to the east. Mr. Haukaas responded that easement exists. FRIDLEY CITY COUNCIL, JUNE 13, 2005 Page 28 of 38 Councilmember Bolkcom commented that single-family homes could be placed on this site. Ms. Jones responded that is correct. Councilmember Bolkcom stated there does not seem to be a very good solution for handling the traffic out of these properties. Mayor Lund questioned how much more of this area is zoned R-3. Ms. Jones stated there is still large area with R-3 zoning, which would allow for the construction of an apartment building. Councilmember Billings questioned what is currently on the property immediately to the west and what is on the northern edge of that lot. Mr. Haukaas explained that apartment building was built about 6 or 7 years ago and their storm pond is along the northerly edge. Councilmember Billings stated he is concerned that the owners of that property, once the street goes in, will want to have access across that so they come in from 73'/2. Mr. Haukaas responded that would take a significant amount of redevelopment of their lot to be able to restore the ponding someplace else and make that connection. He also explained that the road as proposed would stop short of that property for storage purposes. Councilmember Billings suggested we stop the dedicated plat and get an easement for the last ten feet so someone else can not connect to the roadway. Councilmember Bolkcom asked if this property is zoned R-3 how did it appear as a different zoning in the Comprehensive Plan. She also questioned the difference between a twin home and a double bungalow. Ms. Jones explained she assumes that this occurred because even though the property is zoned R-3, they contain single family homes, so the Comprehensive Plan reflected the zoning that would be consistent with the existing use. A twin home would be an attached single family home where each owner owns the property around their housing unit and is responsible for caring for that property. She added that the petitioner plans to live in one of the units. Councilmember Billings commented that a double bungalow is typically owned by one person. FRIDLEY CITY COUNCIL, JUNE 13, 2005 Page 29 of 38 Mr. Haukaas stated staff did require the petitioner to extend the proposed roadway 20 feet beyond the last driveway so they could back up onto the street and drive straight out. Petitioner Timothy Van Auken, 1475 - 73rd Avenue, stated he respects Council's concerns. He initially planned to proceed with this project and finish the existing dead- end street. He has owned the properties over ten years and knew when he purchased the property there was a risk associated with the R-3 zoning. Six to seven years ago, a 20-unit apartment building was constructed right next to his home. At that time, he had an opportunity to buy his neighbor's property. A lot of developers have been interested in purchasing his property for the construction of an apartment complex. He has also looked into building single-family homes but the cost of extending the sewer and water and finishing the roadway made that prohibitive. There is water and sewer available at the back of 1485 with the intent of having that area developed. Also 1-1/2 feet of the roadway easement is on his property. He initially proposed extending the half street but staff wanted him to share a driveway for the two proposed units, which he did not feel was feasible as far as curb appeal. He contacted his neighbor and obtained a roadway easement across her property to finish the half street. He is not closed to the cul-de-sac option but knows there is some concern about the size of the cul-de-sac. He stated he believes a precedent has been set with an unfinished dead-end street and he is just asking to be allowed to finish that dead-end street. He plans to be an owner-occupier with the intention of leasing out the one side--hopefully executive leasing to Medtronic employees. He is educated in residential property management. He would appreciate the opportunity to exercise his legal rights to develop his property in accordance with the City ordinances. He cares what his neighbors think and he does not want to create bad feelings. Ms. Pam Reynolds, 1241 Norton, stated there is R-1 zoning around the R-3 and if allowed to develop as R-3, it would bring R-3 uses into a single family neighborhood. The decisions the Council makes today could affect what happens to this single-family neighborhood in the years to come. Ms. Sue Sherek, 1 530 73 1/2 Avenue, stated the present zoning is R-3; however single- family homes have been on this property since 1951. The R-3 zoning is not consistent with the current or previous Comprehensive Plan. The future land use for the parcel in 2020 also shows single family. The west cul-de-sac on 73'/2 is all R-1. The first R-3 property to the east is another single-family residence. At the Planning Commission, meeting the members suggested that Council address the issue of whether this property should be rezoned to R-1 to match the existing uses. The multi-unit apartment building to the west of the petitioner is completely fenced off with a 6 to 7 foot high fence. She asked Council to take action necessary to bring the zoning into compliance with the Comprehensive Plan and with the uses in the neighborhood. This also meets the second goal of the plan to provide single-family lots for residential construction. Mr. John Jackels, 1479 - 73Y2 Avenue, presented a petition requesting that Council make the zoning on this property in compliance with the Comprehensive Plan. The FRIDLEY CITY COUNCIL, JUNE 13, 2005 Page 30 of 38 neighbors feel strongly about the single-family characteristic of the neighborhood. The other R-3 zoned properties do not have access onto 73'/2 Avenue. Mayor Lund commented that the petitioner could sell the properties and a large apartment building could be constructed on the site because it is already zoned R-3. Mr. Jackels stated this proposal is the least attractive alternative for this property. The apartment building has been a good neighbor. Councilmember Bolkcom questioned if Council can legally change the zoning on this property when what is before the Council is a plat approval. Mr. Knack, City Attorney, stated what the Council is considering is a replatting and the question is whether or not this is appropriate in this zoning district. If the replatting is appropriate for the existing zoning and Council denies this, Council could face some difficulties if they do not have a concrete, factual basis for doing so. Councilmember Bolkcom questioned if the neighbors' opposition could be considered a factual basis for denial. Dr. Burns, City Manager, commented that the petitioner has applied for a replat and that is the question Council has to answer at this point. Ms. Sherek stated the second matter is the extension of the cul-de-sac which staff has stated cannot be constructed and still have buildable lots. With the entire square footage of the two properties, the lines to replat can be moved in such a way to have buildable lots. Mr. Van Auken's plan does not create an equal split between the north and south lots. If he moved those lines to the south he would create enough area to put the cul-de-sac on his own property. The City Code, Section 211.07.12 provides for dead-end or cul-de-sac streets and it does not say that a dead end street does not need to have this. Staff stated at the Planning Commission meeting that a precedent was set when the half street was done in 1986. No one determined the reason behind that action. That unusual extension occurred in anticipation of further subdivision of the remaining property to the west. It was assumed that a cul-de-sac would be placed at the end or the street would go all the way through to Hayes. Subsequent development to the west of the petitioner means it cannot be extended to Hayes but it does not mean the cul-de-sac can not be moved there. In fact, the existing cul-de-sac was done in bituminous in anticipation that eventually the whole thing would move. Also, members of the Planning Commission stated they could not vote for this proposal with the dead end option and they asked staff for the cul-de-sac options. If the development proposal goes forward, they would request that Council direct staff to work with the petitioner on the cul-de-sac proposal. Mr. Jackels stated he prepared a drawing showing the cul-de-sac at the west end with the standard 40-foot radius centered on the property line. His calculations show that in order to complete the cul-de-sac approximately, 500 square feet of his property would FRIDLEY CITY COUNCIL, JUNE 13, 2005 Page 31 of 38 be lost including a large tree. He is not in favor of losing the tree. He met with staff members to discuss the reduced radius cul-de-sac option. With the reduced radius cul- de-sac, Mr. Van Auken would still be able to make two 10,000 square foot lots. He also worked on drawing an offset cul-de-sac option in which he would not have to lose his tree but a fire hydrant would have to be relocated. His main point is that two buildable lots are possible on the petitioner's property with the cul-de-sac installed. As a traffic engineer, he believed that backing in and out of a dead end street would be very problematic at best, which is why he would like to see the reduced radius cul-de-sac. He further stated he would rather see a 34-foot dead end street width rather than the 30-foot width being proposed by staff. He also suggested the existing curb be relocated to center that street on the property line. MOTION by Councilmember Wolfe, seconded by Councilmember Bolkcom, to accept the petition and the letter from Sue Sherek into the record. UPON A VOICE VOTE, ALLVOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mayor Lund stated he is inclined to agree with Mr. Jackels that a cul-de-sac would be best. He did not see that the Council can now rezone the property to R-1. Mr. Van Auken agreed about the cul-de-sac, but the issue is the affected property owners being willing to dedicate the right of way from their property. He also stated he cannot move the property line to the south as suggested by the neighbors. He is willing to work with the neighbors but if Mr. Jackels does not take some of the setback on his property to allow the cul-de-sac, the petitioner will have problems. Mayor Lund suggested the petitioner try and work out some of these issues prior to the next meeting. Councilmember Bolkcom stated she cannot support the dead end street and asked if staff can reach some resolution regarding the cul-de-sac prior to the next meeting. Mr. Haukaas agreed that the cul-de-sac is the best option. If Council is not in favor of the dead end street, he agreed that the matter should be tabled until the next meeting. Ms. Debra Jackels, 147 73'/2 Avenue. stated if this is approved, the petitioner will be putting up four homes the size of their home in less property which will change the neighborhood. Mr. Michael Tippler, 1667 73`d Avenue, stated this is an R-1 neighborhood. His back yard looks onto the east end of 73Y2. He has lived there since 1992 and he agreed that this proposal is too much development in too small an area. Earlier this year he wanted to improve his home by creating an enclosed garage where a dilapidated carport existed. City staff indicated he could not do this because the lot he purchased has FRIDLEY CITY COUNCIL, JUNE 13, 2005 Page 32 of 38 1,470 square feet of accessory structure. He asked for an explanation why he was not allowed to proceed with his plans. Councilmember Billings asked what accessory structures are currently on Mr. Tippler's property. Mr. Tippler responded there is a four-car detached garage and a 12' x 16' shed. All he was trying to do was get rid of the flat-roofed carport and build a garage in the same amount of square footage. Mayor Lund asked that Mr. Tippler work with City staff to resolve his concerns regarding the garage. Mr. Tippler stated he thinks it would be a mistake to add more rental property when the current rental areas are already creating problems. Mr. Jackels stated he could not find a definition for "twin home" in the code and he questioned whether they will be owner occupied or rental. MOTION by Councilmember Wolfe, seconded by Councilmember Bolkcom, to table this matter to the June 27 Council meeting. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 17. First Reading,, of an Ordinance Amending the Fridley City Charter, Chapter 7, Taxes,, Section 7.03.A, Pertaining to Utility Fees. Mr. Pribyl, Finance Direct, stated earlier this evening, he handed out a corrected ordinance to Council members. As a result of the 2005 City Council and Commission Survey, it was determined that e City should limit its losses in the water and sanitary sewer utility funds due to increa ing costs and the limitation of the City Charter, by holding a special election to am\bjsect tion of the Charter. Minnesota statutes allow an amendment by ordinanto the Charter Commission review. The ordinance before theCouncil is pcharter amendment that would begin the public discussion on this issue. ishes to proceed, this would be the first reading and then it would be forhe Charter Commission for review. The Charter Commission has a 60-dai 0 for approval or denial of the proposed amendment and that date would be August 12,'2005. If more time is needed for the review, the Charter Commission may adopt a resolution requesting a 90-day review period which would actually take the matter to November 10, 2005. The ordinance would need to be forwarded to the Charter Commissi on June 14 for their review. State law requires that charter amendments that are to e placed on the ballot for a general election be forwarded to the county 12 weeks befor the general election, which would require the City to notify the Anoka County by August 1 2005. When forwarding the ordinance, the City Council may wish to express an urgency and request the ANOKA COUNTY MINNESOTA Document No.: 1978171.003 ABSTRACT I hereby certify that the within instrument was filed in this office for record on: 09%13,%2005 3:16:00 PM Fees/Taxes In the Amount of $46.00 MAUREEN J. DEVINE Anoka County Property Tax Administrator,'Recorder,'Registrar of Titles MDT, Deputy Record ID: 1601635 Record ID 1636188 1980361 . 011 STATE OF MINNESOTA ) CITY COUNCIL PROCEEDINGS SUBDIVISION (PLAT OR LOT SPLIT) COUNTY OF ANOKA ) CITY OF FRIDLEY ) In the Matter of: Final Plat, PS #05-03 Owner: Timothy J. Van Auken The above entitled matter came before the City Council of the City of Fridley and was heard on the 24th day of October, 2005, on a petition for a subdivision pursuant to the City of Fridley's Zoning Ordinance, for the following described property: For the purpose of creating four new lots, legally described as Lots 1-6, Van Auken Addition, generally located at 1475 — 73`d Avenue NE. IT IS ORDERED that a subdivision be granted as upon the following conditions or reasons: Approval with 12 stipulations. See City Council Meeting Minutes of October 24th, 2005, and attachments. STATE OF MINNESOTA ) COUNTY OF ANOKA ) OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) I, Debra A. Skogen, City Clerk for the City of Fridley, with and in for said City of Fridley, do hereby certify that I have compared the foregoing copy and order granting a subdivision with the original record thereof preserved in my office, and have found the same to be a correct and true transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at the City of Fridley, Minnesota, in the County of Anoka on the _A day of , l�a� �� , 2005. DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 DebrA A. Skogen, City Cler (SEAL) FRIDLEY CITY COUNCIL MEETING OF OCTOBER 24, 2005 PAGE 3 The first reading of the ordinance was on September 26, 2005. Staff re mmends Council's approval. WAIVED THE READING AND ADOPTED ORDINANCE O. 1208 ON SECOND READING AND ORDERED PUBLICATION. 2. Second Reading of an Ordinance Amending Chap er 205 of the Fridley City Code Pertaining to Commercial Parking Stall Requir ents (Zoning Text Amendment, ZTA 905-02, by the City of Fridley) and 0 Approve Summary Ordinance. Dr. Burns, City Manager, stated this ordin e amends Chapter 205 of the City Code by changing parking stall requirements for all ommercial districts. The change amends the required parking in commercial districts fro one stall for every 150 feet of building space to one stall for every 250 feet of building spa e. The change is in line with actual parking needs, consistent with area cities, and conditions four storm water runoff. The change was approved by the Planning Commission at their Se ember 7, 2005, meeting. The first reading was held on September 26, 2005. Staff recommend Council's approval. WAIVED THE READING AND ADOPTED ORDINANCE NO. 1209 ON SECOND READING. ADOPTED SUMMARY ORDI ANCE NO. 1209 AND ORDERED PUBLICATION. NEW BUSINESS: 3. Resolution Approv' g a Plat, P.S. #05-06, 151 Glen Creek Road, by the City of Fridley, for the Pu pose of Correcting and Clarifying Right-of-Way Boundaries and Allowing for the ture Land Swap of Excess Right-of-Way (Ward 3). ADOPTED RESOLUT ON NO. 2005-56. 4. Resolution A roving a Plat, P.S. 905-07, 160 Ely Street/160 Liberty Street Service Drive, by th City of Fridley, for the Purpose of Correcting Right-of-Way Lines Resulting fr m a Slightly Widened Service Drive and Allow for the Land Swap of Excess Rig t-of-Way (Ward 3). ADOPTED RE LUTION NO. 2005-57. 5. Resolution Approving a Plat, P.S. #05-03,Lots 1-6,Van Auken Addition, by the City of Fridley, for the Purpose of Creating Four New Lots, Generally Located at 1475 and 1485—73rd Avenue N.E. (Ward 2). FRIDLEY CITY COUNCIL MEETING OF OCTOBER 24,2005 PAGE 4 Dr. Burns, City Manager, stated Council approved the preliminary plat on June 27, 2005. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2005-58. 6. Approve a De elopment Agreement between the City of Fridley and Timothy Van Auken (Ward ). Dr. Burns, City Maria er, stated the development agreement designates improvements to be installed at the develop is expense and provides for the control of soil erosion and contains specifications for the co truction of site improvements. It also contains escrow requirements, provides for special asses ments for public improvements, and incorporates all plat stipulations. Staff recommends Council s approval. APPROVED. 7. Resolution Approvin a Minor Comprehensive Plan Amendment, CP #05-02, by Timothy Van Auken for Property Located on Lots 1-6, Van Auken Addition, Generally Located at 75 and 1485 73rd Avenue N.E. (Ward 2). Dr. Burns, City Manager, state although the Van Auken plat is compatible for the R-3 zoning of the two parcels, it is not consi ent with the R-1 Future Use Designation in the Comprehensive Plan. City staff has noted the pr sence of other R-3 structures in the immediate vicinity of the Van Auken parcels, and has dete ined that a minor amendment to the Comprehensive Plan is justified. The amendment was a roved by the Planning Commission at its August 3, 2005, meeting on a 5-1 vote. Staff reco ends Council's approval. THIS ITEM WAS REMOVED OM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 8. Receive Bids and Award Con ract for 73 % Avenue Street Improvement Project No. ST. 2005 —3 (73 Y2 Avenue Cu -de-Sac Extension) (Ward 2). Dr. Burns, City Manager, stated the Ci opened bids on September 21, 2005, and found Dave Perkins Contracting, Inc. to be the low idder at $93,186.00. Of this amount, Mr. Van Auken will be responsible for $60,723.50; the Ci of Fridley water funds will bear $12,500.00 for plant water line looping; and the street construe *on budget will bear $19,962.50 for the portion of the project to the east of Van Auken's cul de ac. Adjacent property use will be assessed for the replacement of bituminous curbing with c trete curbing. Dave Perkins has assured the City that the base course in concrete curbing can e completed yet this year. The completion date of November 15, 2005, contained in the bid s ecifications, has been extended to June 1, 2005. Staff recommends Council's approval. RECEIVED BIDS AND AWARDED CON RACT FOR THE 73 Y2 AVENUE STREET IMPROVEMENT PROJECT NO. ST. 200 -3 TO DAVE PERKINS CONTRACTING, INC. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 24, 2005 PAGE 3 Th first reading of the ordinance was on September 26, 2005. Staff recommends Council's app val. WAI ED THE READING AND ADOPTED ORDINANCE NO. 1208 ON SECOND REA ING AND ORDERED PUBLICATION. 2. econd Reading of an Ordinance Amending Chapter 205 of the Fridley City Code P rtaining to Commercial Parking Stall Requirements (Zoning Text Amendment, Z #05-02, by the City of Fridley) and Appro a Summary Ordinance. Dr. Burns, Cit Manager, stated this ordinance amends Chapter 205 of the City Code by changing parking stall requirements for all commercial districts. The change amends the required parking in ommercial districts from one stall for every 150 feet of building space to one stall for every 2 feet of building space. The change is in line with actual parking needs, consistent with area ci 'es, and conditions of our storm water runoff. The change was approved by the Planning Commi ion at their September 7, 2005, meeting. The first reading was held on September 26, 2005. Sta recommends Council's approval. WAIVED THE READIN AND ADOPTED ORDINANCE NO. 1209 ON SECOND READING. ADOPTED SUMMARY ORDI ANCE NO. 1209 AND ORDERED PUBLICATION. NEW BUSINESS: 3. Resolution Approving a Plat, S. #05-06, 151 Glen Creek Road, by the City of Fridley, for the Purpose of Corre ing and Clarifying Right-of-Way Boundaries and Allowing for the Future Land Swap f Excess Right-of-Way (Ward 3). ADOPTED RESOLUTION NO. 2005-56. 4. Resolution Approving a Plat, P.S. #05-07, 1 0 Ely Street/160 Liberty Street Service Drive, by the City of Fridley, for the Purpo of Correcting Right-of-Way Lines Resulting from a Slightly Widened Service Dri and Allow for the Land Swap of Excess Right-of-Way (Ward 3). ADOPTED RESOLUTION NO. 2005-57. 5. Resolution Approving a Plat, P.S. #05-03,Lots 1-6,Van Auk Addition, by the City of Fridley, for the Purpose of Creating Four New Lots, Gene- lly Located at 1475 and 1485—73rd Avenue N.E. (Ward 2). l RESOLUTION NO. 2005-58 RESOLUTION APPROVING A PLAT,P.S. #05-03,LOTS 1-6,VAN AUKEN ADDITION, BY THE CITY OF FRIDLEY, FOR THE PURPOSE OF CREATING FOUR NEW LOTS, GENERALLY LOCATED AT 1475 AND 1485—73RD AVENUE NE, FRIDLEY,MN WHEREAS, the Planning Commission held a public hearing on June 1, 2005, and recommended approval of said plat; and WHEREAS, the City Council approved the preliminary plat for 1475 and 1485 — 73rd Avenue at their June 27, 2005, meeting, with stipulations attached as Exhibit A; and WHEREAS, a copy of the final plat has been attached as Exhibit B. NOW, THEREFORE, BE IT RESOLVED, that the City Council approves the Final Plat for 1475 and 1485 —73rd Avenue and directs the petitioner to record said document at Anoka County within six months of this approval or such approval shall be null and void. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 24TH DAY OF OCTOBER 2005. SCOTT fLU&D-MAYOR ATTEST: "alAnAtoso DEBRA A. SKOGEN ftITY CLERK Page 2—Resolution— 1475 and 1485—73`d Avenue EXHIBIT A STIPULATIONS 1. Petitioner shall obtain all necessary permits prior to construction. 2. Any remaining debris from demolition of existing structures and any brush piles on site shall be removed prior to granting of final plat. 3. Grading and drainage plan to be approved by City's engineering staff prior to the issuance of any building permits, in order to minimize impacts to the surrounding properties. 4. The petitioner shall provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 5. During construction, silt fencing shall be used where applicable. 6. Petitioner to pay required park dedication fees of$3,000 prior to issuance of building permits. 7. Petitioner to pay all water and sewer connection fees,including sanitary sewer extension. 8. The petitioner shall agree to preserve mature trees to the extent possible. All trees required to be removed for the new homes shall be marked and approved by City staff prior to issuance of building permits. 9. Twin homes shall meet all parking requirements. 10. Add appropriate address and marking requirements per Fire Code. 11. The petitioner shall agree to the terms of a development agreement that shall be prepared by City staff and approved by the City Council simultaneous with their final plat approval. 12. The petitioner shall file a perpetual easement for access to Lot 1 on the records of Lot 2 and a perpetual easement for Lot 4 on the records of Lot 3. TF CITY OF FRIDLEY i N COUNTY OF ANOKA w by E VAN AUKEN ADDITION SEC 12. T 30, R 24 5 0, 30 60 QOM,Dx ATi N®1 m,NNeN IreNNNxre: m.c unnIF J.v.p AVAen,.Lgle,ewer,of te.fe11er1m I;r denerlbed p,opercY eltuaced IN tro Cbllnty o[AeoM,Sta«of'Nimneoca,ce-nit: SCALF. ? G' = 30 FE f e eof,am aa.Awl v1NION No. 129. acmtdlw ce w as r e emea Pt.t I .a wa. cro. wyaa. req a t.,l� .m dwf•ce t0 eM1.public for puW1c I,..few..«cne a.enve�p .mr araiw9e em LJ off lfty A A«e se nne m w cro plat. Ie rlc«aa r ereof—d Tiweny J.tVen Auken,eiagle, xatM tM 6 toYa.�a ate N.9n xe 1 a M1aa rotewco xet M1ta eMM[A.,_aaY n[ _ _ ---Ift. se9's.-E--- - x 73 1/2.. A E. N.E. 73:1/2 AVE. N.E. Ti—y J.v.N Aeneo --� —y et. 1:�," ! I I n,s eor.gpf•y ia.tn�c r..cbw.lealm rofore a we_d+r of -.M Ti-by J.-,I AI—..j,1 DENDTIES 1/2 INCH BY 14 MCN IRM pWE MUNJUENT SET AND MARKED MTM A PLASTIC CAP INSCMBEU .— `J 2 ! 2 3 F 4 'tlfy 1 _ r,IR MUR E PPtK.ES Uf THIS PLAT AT E.sr LINE clue I new w.eya and pJ,eced tee lrr.d aeewlnM w� pT.t e.vw I i I J OF LOT 29,AUD.SUB.NO.179 HA5 AN ASSLMEC ° et chfa Plat to a tmaecc.epreemceciw of«ia surrey:chat ell dteuncea SEAMNO or SoDM, aw w[r«C1Y elo.m w wla plat in f«t em hunlaedt5w of.Ewe:trot all wnwan,ce row ( I I I ; baa,wrreeclr Plaeaa IN tro grwnd as e1Mw w seid Plet:[M1st cne wteide rovmary line, ' • 1 I 1' I i ace wrzeetlY dewl9bced w aaid placr am riot-[Imre ate w P—-II—y.IN, or wctMMe to aZ i i °i 11 i 1a heL9netae w xfd plat ocher.ron ae seo.ln cnerew. OP.YNAi:E AND 1JBLITY EASEMENTS SNOMN ML'S: 4R ,f ------- -- .I——..---J ylem.l.mw .Ynr fj mewta Megiscra[iw L 10 n xtrou,ewc. I 6 'E I 5 __ ._ —�— Y o[ mmPln Tie foregoLlg 1n .reelan�.aedgea befam.e c _._ r 10 FEET IN'Mp1X AND ADJOINING FI<YIT-fF-WAY LINES.AND BEING f.FEET x - YY$ IN x10T1 AND ADJOINMO LOT LINES.VNLE55 wclwaoe Mry Ny1snN,No cry INWae,Nina.e 5 I " 13d 3d OMERMTSE SHOMN ON THE PLAT. OY 1a1sp1aY caxnieetw mei aamury J1,felo e" .w«ate "I-P1et It vAx AIIIw1—M....ppePvea.m a<repem by ero cicy—Fil It rrldley, I I Nitmept.,et.rcguler—L,twr Held teie day eE 1j I '� If eppllcanle, c rr an..wen a em recvl�meclwe o tro tt.l« of L Loon tN gM1r y"""j­n.w dxn aa«i.ed I.y tir city ew«rcne _ pt.aerlbed Jd a.Y A­—n.telepaea—I—It tom«lpc of.een�gisnt.am tewlalemecimn, p,--by It—Stat« ,«ctlw s05.O1,gum.:. 73RD AVE. N.E: -' (C.B.A H.N0.B) .sun. I:s. Mayor -- uerA ` 73RD � LE. x ND..Dj CrocAed and--I We a.y of HY—LAND SURVEYING. P.A. LAND SURVEYORS t 10 f 1NOKA OWNTY XIINNESOTA Document No.: 198036 1.01 1 ABSTRACT I hereby certilj that the within instrument +teas filed in Ihis office for record on: 12/08.2005 4:14:00 PM Fees/Taxes In the Amount of. $46.00 MAITREEN .l. DEVINE Anoka County Property Tax Administrator'Reeorder'Registrar of Titles SLZ, Depute Record ID: 16361.88 i • � '.! i M R �i Record ID 1636207 1980361 . 012 STATE OF MINNESOTA ) CITY COUNCIL PROCEEDINGS SUBDIVISION (PLAT OR LOT SPLIT) COUNTY OF ANOKA ) CITY OF FRIDLEY ) In the Matter of: Final Plat, PS #05-03 Owner: Timothy J. Van Auken The above entitled matter came before the City Council of the City of Fridley and was heard on the 24th day of October, 2005, on a petition for a subdivision pursuant to the City of Fridley's Zoning Ordinance, for the following described property: For the purpose of creating four new lots, legally described as Lots 1-6, Van Auken Addition, generally located at 1485 — 73`d Avenue NE. IT IS ORDERED that a subdivision be granted as upon the following conditions or reasons: Approval with 12 stipulations. See City Council Meeting Minutes of October 24th, 2005, and attachments. STATE OF MINNESOTA ) COUNTY OF ANOKA ) OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) I, Debra A. Skogen, City Clerk for the City of Fridley, with and in for said City of Fridley, do hereby certify that I have compared the foregoing copy and order granting a subdivision with the original record thereof preserved in my office, and have found the same to be a correct and true transcript of the whole thereof. IN TESTIMONY WHEREOFJ I�have hereunto , scribed my hand at the City of Fridley, Minnesota, in the County of Anoka on the day of ? 2005. DRAFTED BY: City of Fridley 6431 University Avenue N.E. zf Fridley, MN 55432 Debra A. Skoge , ity C rk (SEAL) FRIDLEY CITY COUNCIL MEETING OF OCTOBER 24 2005 PAGE 3 The first reading of the ordinance was on September 26, 2005. Staff re rnmends Council's approval. WAIVED THE READING AND ADOPTED ORDINANCE O. 1208 ON SECOND READING AND ORDERED PUBLICATION. 2. Second Reading of an Ordinance Amending Chap er 205 of the Fridley City Code Pertaining to Commercial Parking Stall Requir ents (Zoning Text Amendment, ZTA#05-02,by the City of Fridley) and Approve Summary Ordinance. Dr. Burns, City Manager, stated this ordin e amends Chapter 205 of the City Code by changing parking stall requirements for all ommercial districts. The change amends the required parking in commercial districts fro one stall for every 150 feet of building space to one stall for every 250 feet of building spa e. The change is in line with actual parking needs, consistent with area cities, and conditions f our storm water runoff. The change was approved by the Planning Commission at their Se ember 7, 2005, meeting. The first reading was held on September 26, 2005. Staff recommend Council's approval. WAIVED THE READING AND ADOPTED ORDINANCE NO. 1209 ON SECOND READING. ADOPTED SUMMARY ORDI ANCE NO. 1209 AND ORDERED PUBLICATION. NEW BUSINESS: 3. Resolution Approv' g a Plat, P.S. #05-06, 151 Glen Creek Road, by the City of Fridley, for the Pu pose of Correcting and Clarifying Right-of-Way Boundaries and Allowing for the ture Land Swap of Excess Right-of-Way (Ward 3). ADOPTED RESOLUT ON NO. 2005-56. 4. Resolution A roving a Plat, P.S. #05-07, 160 Ely Street/160 Liberty Street Service Drive, by th City of Fridley, for the Purpose of Correcting Right-of-Way Lines Resulting fr m a Slightly Widened Service Drive and Allow for the Land Swap of Excess Rig t-of-Way (Ward 3). ADOPTED RE LUTION NO. 2005-57. 5. Resolution Approving a Plat, P.S. #05-03,Lots 1-6,Van Auken Addition, by the City of Fridley, for the Purpose of Creating Four New Lots, Generally Located at 1475 and 1485—73rd Avenue N.E. (Ward 2). FRIDLEY CITY COUNCIL MEETING OF OCTOBER 24, 2005 PAGE 4 Dr. Burns, City Manager, stated Council approved the preliminary plat on June 27, 2005. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2005-58. 6. Approve a De elopment Agreement between the City of Fridley and Timothy Van Auken (Ward e)- Dr. Burns, City Mana er, stated the development agreement designates improvements to be installed at the develop is expense and provides for the control of soil erosion and contains specifications for the co truction of site improvements. It also contains escrow requirements, provides for special asses ments for public improvements, and incorporates all plat stipulations. Staff recommends Council s approval. APPROVED. 7. Resolution Approvin a Minor Comprehensive Plan Amendment, CP #05-02, by Timothy Van Auken for Property Located on Lots 1-6, Van Auken Addition, Generally Located at 75 and 1485 73rd Avenue N.E. (Ward 2). Dr. Burns, City Manager, state although the Van Auken plat is compatible for the R-3 zoning of the two parcels, it is not consi ent with the R-1 Future Use Designation in the Comprehensive Plan. City staff has noted the pr Bence of other R-3 structures in the immediate vicinity of the Van Auken parcels, and has dete ined that a minor amendment to the Comprehensive Plan is justified. The amendment was a roved by the Planning Commission at its August 3, 2005, meeting on a 5-1 vote. Staff reco ends Council's approval. THIS ITEM WAS REMOVED OM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 8. Receive Bids and Award Con ract for 73 1/2 Avenue Street Improvement Project No. ST. 2005—3 (73 1/2 Avenue Cu -de-Sac Extension) (Ward 2). Dr. Burns, City Manager, stated the Ci opened bids on September 21, 2005, and found Dave Perkins Contracting, Inc. to be the low idder at $93,186.00. Of this amount, Mr. Van Auken will be responsible for $60,723.50; the Ci of Fridley water funds will bear $12,500.00 for plant water line looping; and the street construction budget will bear $19,962.50 for the portion of the project to the east of Van Auken's cul de ac. Adjacent property use will be assessed for the replacement of bituminous curbing with c crete curbing. Dave Perkins has assured the City that the base course in concrete curbing can e completed yet this year. The completion date of November 15, 2005, contained in the bid s ecifications, has been extended to June 1, 2005. Staff recommends Council's approval. RECEIVED BIDS AND AWARDED CON RACT FOR THE 73 1/2 AVENUE STREET IMPROVEMENT PROJECT NO. ST. 200 -3 TO DAVE PERKINS CONTRACTING, INC. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 24, 2005 PAGE 3 Th first reading of the ordinance was on September 26, 2005. Staff recommends Council's app val. WAI ED THE READING AND ADOPTED ORDINANCE NO. 1208 ON SECOND REA ING AND ORDERED PUBLICATION. 2. econd Reading of an Ordinance Amending Chapter 205 of the Fridley City Code P rtaining to Commercial Parking Stall Requirements (Zoning Text Amendment, Z 905-02, by the City of Fridley) and Appro a Summary Ordinance. Dr. Burns, Ci Manager, stated this ordinance amends Chapter 205 of the City Code by changing parking stall requirements for all commercial districts. The change amends the required parking in ommercial districts from one stall for every 150 feet of building space to one stall for every 2 feet of building space. The change is in line with actual parking needs, consistent with area ci 'es, and conditions of our storm water runoff. The change was approved by the Planning Commi ion at their September 7, 2005, meeting. The first reading was held on September 26, 2005. Sta recommends Council's approval. WAIVED THE READIN AND ADOPTED ORDINANCE NO. 1209 ON SECOND READING. ADOPTED SUMMARY ORDI ANCE NO. 1209 AND ORDERED PUBLICATION. NEW BUSINESS: 3. Resolution Approving a Plat, S. #05-06, 151 Glen Creek Road, by the City of Fridley, for the Purpose of Correc ing and Clarifying Right-of--Way Boundaries and Allowing for the Future Land Swap f Excess Right-of-Way (Ward 3). ADOPTED RESOLUTION NO. 2005-56. 4. Resolution Approving a Plat, P.S. #05-07, 1 0 Ely Street/160 Liberty Street Service Drive, by the City of Fridley, for the Purpo a of Correcting Right-of-Way Lines Resulting from a Slightly Widened Service Dri and Allow for the Land Swap of Excess Right-of-Way (Ward 3). ADOPTED RESOLUTION NO. 2005-57. 5. Resolution Approving a Plat, P.S. #05-03, Lots 1-6,Van Auken Addition, by the City of Fridley, for the Purpose of Creating Four New Lots, Gene Ily Located at 1475 and 1485 — 73rd Avenue N.E. (Ward 2). RESOLUTION NO. 2005-58 RESOLUTION APPROVING A PLAT, P.S. #05-03, LOTS 1-6,VAN AUKEN ADDITION,BY THE CITY OF FRIDLEY, FOR THE PURPOSE OF CREATING FOUR NEW LOTS, GENERALLY LOCATED AT 1475 AND 1485—73RD AVENUE NE, FRIDLEY, MN WHEREAS, the Planning Commission held a public hearing on June 1, 2005, and recommended approval of said plat; and WHEREAS, the City Council approved the preliminary plat for 1475 and 1485 — 73rd Avenue at their June 27, 2005, meeting, with stipulations attached as Exhibit A; and WHEREAS, a copy of the final plat has been attached as Exhibit B. NOW, THEREFORE, BE IT RESOLVED, that the City Council approves the Final Plat for 1475 and 1485 —73rd Avenue and directs the petitioner to record said document at Anoka County within six months of this approval or such approval shall be null and void. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 24TH DAY OF OCTOBER 2005. SCOTTT f LUND-MAYOR ATTEST: 41L "� DEBRA A. SKOGEN ITY CLERK Page 2—Resolution— 1475 and 1485—73`d Avenue EXHIBIT A STIPULATIONS 1. Petitioner shall obtain all necessary permits prior to construction. 2. Any remaining debris from demolition of existing structures and any brush piles on site shall be removed prior to granting of final plat. 3. Grading and drainage plan to be approved by City's engineering staff prior to the issuance of any building permits, in order to minimize impacts to the surrounding properties. 4. The petitioner shall provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 5. During construction, silt fencing shall be used where applicable. 6. Petitioner to pay required park dedication fees of$3,000 prior to issuance of building permits. 7. Petitioner to pay all water and sewer connection fees, including sanitary sewer extension. 8. The petitioner shall agree to preserve mature trees to the extent possible. All trees required to be removed for the new homes shall be marked and approved by City staff prior to issuance of building permits. 9. Twin homes shall meet all parking requirements. 10. Add appropriate address and marking requirements per Fire Code. 11. The petitioner shall agree to the terms of a development agreement that shall be prepared by City staff and approved by the City Council simultaneous with their final plat approval. 12. The petitioner shall file a perpetual easement for access to Lot 1 on the records of Lot 2 and a perpetual easement for Lot 4 on the records of Lot 3. Xjq7-9E-r CITY OF FRIDLEY H COUNTY OFANOKA V` 4y E VAN AUKEN ADDITION SEC ,2. T :?°. R 24 S 0 30 60 90 1aa1.,.N6,1�.TNaas°°��°' rnec umcny J.vn nnGn,.1nRle.PReet,ee cx fouoafeD - deeerlhd ptap—,A--In cne rxeety o[Arohe.Sete of Nlmeeoc.,ee-rite SCAL(.' 1 ."..'CH 30 FEE - —47.—29,A11IN-8 ea9p1V181o11 M. 129.et M to the duly[elotdM P— cne: -D •e us,d a .em to h.mtv.y.d a A.veeR A 1.1—.s YAR 111 eM dww—by done[. dadiute G the p—i1 [or I di 1c u..fol.yec cne emeses AM Al., [Or d—AW aM LJ vuucr,wlw..e e.eho.e w the plat. 1.eitna.s.norm[said Simwy J.Ven A.A.,sioale, •�� neo nez.unco.et ni.1wtl or Z of Lers a n.wc.Nm.m 1TA_ I aim ' --Tds.oa senyss-E--- x 73 /2 AVE. N.E. p N 73:1/2 AVE. N.E. p [.[Rotor J.von AVA.n . 11 1 Ila 1d� �10 fo>e iM foam t...ae.mul.d]ed bsfe[...Chia__.day of _.by TiMtny J.v.e Av ,single. DENOTES 1/2 INCH Rt 14 INCH IRON PIPE MONUMENT SET AND MARKED MTH A PLASTIC CAP INSCRIBED I 1 I I ¢ 'RLS 20^.82 An., o Mipimc4plam —.Cwnt>.NLuwwte - I is aald P I 3 4 I - r.,)R WE PORPL5E5 a THIS PUT 11#EA51 LINEMre a M.'—eyed Bed plotted the 1.114 a..arinae m e plat e.YAR I I I OF LOT 29.AUD.SUB.NO.129 HAS AN ASWMED A ec ws iot .correct t.ptaamtacim o[ .ur.syl eme.11 dfsc.nrea irteA BEARING Lf SWM. co oly.nom on Gld Piet 1.feet aM we PAKId' o[A toot;Lhat ell Rmuwn[e neve I I I beau correc I I I I y plain rm eM 9een TI,mc ,d ee eMnl .1d plat;that t1side boundary linea ' I I ti I 16 ewe..elrt[ ced a.w19P.cea m..aa Piot, eh.e woe.ea m 1.1mfe nf9lo.ey.Yr..eL.K1.co 1 I - 119 19ue.e on.aid Pi.t:oche[wee ee.noon eb1.a,. d n l I I •� j A. L.�-- —'_ - DP.MNAi,E AND UTILITY EASEMENTS SHORN THUS. . .1 1 o .._. ...5 'loot uNT a: Nu—'Telt,T M an:.eve: �5 3 [eyiati.[im No.10963 k—E E— I 8 �� I 5 - e v ne Nslurpin yne GrepeRi�it.n e:..Nec.,.�.Am.T.e9ad ester'.e ude r ' I br ny1,M,a MIN4 IO FEET IN'M01H AND ADJOr1M0 RIGNT-[F-RAI LINES.AND BEM:.a FEE: M R1Dn1 AND AD YANNIO LOT LINES.-E55 M[Lbsieel.ryil�t[es Jma^Wry]1�1301Na.,.fn.,Mfr�mwce 9a 1 I 1= a DTNER"SE SHORN CN THE PLAT, cin or AtD1d[ 1 I Rg W 3 - 9616 pl,c of VAN Au1®1 Aral W wa Apr AM.ccepted by W city Connell of rridley, - Ni—A,At.xe9ulec—iA,[he[mf Mld thio_ day of 1 I �1 1f eppllmble, t .ritc.n comen .M reotseW.tlons o cne tuw,l..lonec of 90 be U [ 1 10 Trmap.rtaI,iw end[he LbOntY Ni9n.ey Og1, h...b.m r...f.M by[ P1[y.. I the ]0 d•Y Period Ass'[egad ulUout aaeetpt.f soon m,Rnce aM retel�NMeclaur, by R1m.e[.Lut , t w 505.0[.Bund.2. 73RD AVE. N.E:''..:; ---- (C.S.A.H.NO.8) '1O' cien� • ;'3RD ':E. l.E� a s (CS—'H.NO.W) 1st1y Nelw,AmhA[awry eer>ayor HY—LAND SURVEYING. P.A. LAND SURVEYORS I Document No.: 1980361.012 ABSTRACT. I hereby certify that the within instrument was lil,d In this office for record on: 12/08/2005 4:14:00 PM Fees/Taxes In the mount of. $46.00 MAUREEN J. DEVINE Anoka County Property Tax Administrator.'Recorder'Registrar of Titles SLZ, Deputy Record II): 1636207 • • i I CITYOF FRIDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE.N.E.FRIDLEY,MN 55432 (763)571-3450 • FAX(763)571-1287 • TTD/TTY(763)572-3534 CITY COUNCIL ACTION TAKEN NOTICE October 27, 2005 Timothy Van Auken 1475 - 73 rd Avenue NE Fridley MN 55432 Dear Mr. Van Auken: On Monday, October 24, 2005, the Fridley City Council officially approved your request for a Final Plat, PS #05-03, Resolution #2005-58, to replat two multiple unit residential lots to accommodate two twin homes, legally described as Lots 1-6, Van Auken Addition, Anoka County, Minnesota, generally located at 1475 and 1485 - 73rd Avenue NE. Approval of this Final Plat is contingent upon the following stipulations: 1. Petitioner shall obtain all necessary permits prior to construction. 2. Any remaining debris from demolition of existing structures and any brush piles on site shall be removed prior to granting of final plat. 3. Grading and drainage plan to be approved by City's engineering staff prior to the issuance of any building permits, in order to minimize impacts to the surrounding properties. 4. The petitioner shall provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 5. During construction, silt fencing shall be used where applicable. 6. Petitioner to pay required park dedication fees of$3,000 prior to issuance of building permits. 7. Petitioner to pay all water and sewer connection fees, including sanitary sewer extension. 8. The petitioner shall agree to preserve mature trees to the extent possible. All trees required to be removed for the new homes shall be marked and approved by City staff prior to issuance of building permits. 9. Twin homes shall meet all parking requirements. 10. Add appropriate address and marking requirements per Fire Code. 11. The petitioner shall agree to the terms of a development agreement that shall be prepared by City staff and approved by the City Council simultaneous with their final plat approval. 12. The petitioner shall file a perpetual easement for access to Lot 1 on the records of Lot 2 and a perpetual easement for Lot 4 on the records of Lot 3. Action Taken Letter-PS #05-03-Van Auken Page 2 October 27, 2005 Also, on October 24, 2005, the Fridley City Council officially approved your request for a Comprehensive Plan Amendment, CP #05-02, Resolution #2005-59, to maintain the R-3, multi- unit residential, zoning designation for the properties located at 1475 and 1485 73rd Avenue. If you have any questions regarding the above action, please call me at 763-572-3590. jSinrely, Hickok munity Development Director SH/jb cc: Plat File Address File Assessing Dept. GIS Dept. Special Assessing-Greg Mary Hintz Stacy Stromberg Please review the above, sign the statement below and return one copy to the City of Fridley Planning Department by November 10, 2005. a (-T Concur with fiction taken. /v-- 3 -oj— C-05-72