LS96-01 •CITY OF FRIDLEY TEL : 61.2-571-1287 Feb 15 , 96 15 :26 No . 013 P . 02/22
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C11Y OF
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FRIDLEY MUNICIPAL CENTER -6431 UNIVERSITY AVE. N.E. FRIDLEY,MN 55432 -(612) 571-3450- FAX (612) 571-1287
COVER SHEET
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FROM: yj 'W' Wl
DATE: If9. t 9(0
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**NOTE** IF ALL PAGES HAVE NOT BEEN PROPERLY RECEIVED,
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The West 65 feet of Lots 1 and 2 , Block 27 , Hyde Park, Anoka County
Minnesota, am meeaurcd. along the Korth ].i.ne of said Lot 1 , and
along the Seuth line of said Lot 2 , ' TOGETHER witli the East Half
of the vacated alley lyingWaSt of LOCS 7. , 2 , and 3 , Blvck 27 ,
Hyde Park, mod lying between the westerly extensiun of the North
line of said Lee 1 , and. the westerly axteu.sion of the South litre
of said Lot 3 ( said Lot 3 being Torrens ) ,
is
" 671 Dat
QCs i"FOX Note'
(a o. `
G01 apt phono$
?`.One P FEIx a
Fax.1
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Valley West Realty Inc 5445085 P..01
Form No.31•M—DUIT CLAIM DEED 611nu.-It Unitonu co„v.yo,oteA w.ue•,.• o _.
Cmporelion or Parlmrshlp
to cosporetlon or P.rtnershlp `
No delihquent taxes and transfer entered;Certificate
of Real'Estate Value ( )filed (• )not required
Certificate of Real Estate Value No.
'19
0
County Auditor
by Deputy
STATE DEED TAX DUE HEREON: $
Date:. August 6 ,19 96
(reserved for recording data)
FOR VALUABLE CONSIDERATION,_ Valle Investment Co
a _ Partnership under the laws of
Minnesota ,Grantor,hereby conveys and quitclaims to valley Investment Co-
,Grantee,
a Partnershi o under the laws of Minnesota ,real property Irl
Anoka County,Minnesota,described as follows;
The West 65 feet of Lot$ f and 2, Block 27, Hyde Park, Anoka County, Minnesota, as
measured along the North line of said Lot 1, and along the South line of said Lot 2,
TOGETHER with the East Half of the.vacated alley lying West of Lots 1, 2, and 3, Block 27,
,Hyde Park, and lying between the Westerly extension of the North line of said Lot 1, and the
.Westerly extension of the South line of said Lot 3 (said Lot 3 being Torrens).
The total consideration for the Ir�d?ssp4l?�eaAbi�Sn1liltq®PGyI is $500.00 or less
together with all hereditaments and appurtenances belonging thereto.
Valley Investment Co.
Affix Deed Tax SL•uult Ilcre By
�,-- its Irving Br-dBr-Qdy Partner
By
Its
STATE OF MINNESOTA
ss,
COUNTY OF
The foregoing was acknowledged before me this day of
by Irving Brody
the Partner and
of Valley Investment Co ,a Partnership
under the laws of. Minnesota ,on behalf of the Partnershi p
NOTARIAL STAMP OR SEAL(OR OTHER TITLE OR RANK)
SIGNATURE OP PERSON TAKING ACKNOWLEDGMENT
Tex Sbt.m.n{{e for the feel property eenr]bed to th4 Inttrument should
be seat to(Inolude neme and Address of`Grente.)t
Valley Investment Co.
5730 Duluth Street #101
Golden Valley, MN 55422
THIS INSTRUMENT WAS DRAFTED BY(NAME AND ADDRESS)) '
Valley Invost:fent Co.
5730 Duluth Street 1/101
Go]den Val l ey;,14,4 55522
_._.
i
Valley West Realty Inc 5445085 P.02
M111•rv0•.11 Co„M1nM•pau0
Form No,31-M-OU IT CLAIM DEED Mlnnuot.Vnilomt Ceuverenatn{Blank.(1878) _•
Corporation or Partnmhlp
to Corporation or Partnership
No delinquent taxes and transfer entered;Certificate
of Real'Estate Value ( )filed ( )not required
Certificate of Real Estate Value No. /
18 /r
County Auditor f ��br'
by—
Deputy
yDe ut
STATE DEED TAX DUE HEREON: S 1-65
Date: August 6 10-gg
- (reserved for recording data)
FOR VALUABLE CONSIDERATION, Valley Investment Co
a Partner under the laws of
Minnesota ,Grantor,hereby conveys and quitclaims to Val l eyInyectmant rn
,Grantee,
aar ners 1 p under the laws of Minnesota ,real property in
15 a County,Minnesota,described as follows,
That part of Lot 1 and 2, Block 27, Hyde Park, Anoka County, Minnesota, lying East of the
West 65 feet thereof as measured along the North line of said Lot 1 and along the South
line of.said Lot 2.
The total consideration for the transfer of the property is $500.00 or less
(if more space It needed,continue on beck)
together with all hereditaments and appurtenances belonging thereto.
Valley Investment Co.
Affix I)cc(1'I'¢x SLan111 Ilene
By
�r its Irving Brody
By
Its
STATE OF MINNESOTA
ss.
COUNTY OF
The foregoing was acknowledged before me this day of
by Irvin^Brody a>i1dX
the Partner x94
of ,a Partnprshin
under the laws of t nnesota ,on behalf of the Par n rshi p
NOTARIAL STAMP OR 9EAL(OR OTRER TITLE OR RANK)
SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT
Tax 8tetemsnts for the real Drop 'deenrtbsd In this Indrurn.nt eheald
be tent to(Inaluds nems and addrul or Orantae)1
I
Valley Investment Co.
5730 Duluth Street #101
TRIS INSTRUM ENT WAS DRAFTED BY(NAME ANDADDRESS): Golden Valley, MN 55422
Valley Investment Co.
5730 Duluth Street #101
r Golden Valley, MN 55422
C. E. COULTER & ASSOCIATES, INC.
10HN COULTER PETERSON
PROFESSIONAL REGISTERED LAND SURVEYORS
REGLSTERSD IN MAIN., USC. do IOIFA LICENSED IN CnT OF MINNEAPOMS
P.O. BOX 8900 MINNEAPOLIS, MINNESOTA 55408-0900
ce PHONE (612) 824-0310 FAX (612) 953-3014
LEGAL DESCRIPTION:
PARCEL A:
The West 65 feet of Lots 1, 2 & 3, Block 27, Hyde Park,
Anoka County, Minnesota, as nieasnred. along the Nortl" line
of said Lot 1, and along the South line of said Lot 3,
together with all that part of the vacated alley lying
West of said lots, and lying between the Westerly
extension of the North line of said Lot 1, and the
Westerly extension of the South line of said Lot 3.
Parcel A contains 10,406 square feet.
PARCEL B:
That part of Lot 1, 2 & 3, Block 27, Hyde Park, Anoka
County, Minnesota, lying East of the West 65 feet thereof
as measured along the North line of said Lot 1 and along
the South line of said Lot 3.
Parcel B contains 8,639 square feet.
I HEREBY CERTIFY THAT .1HIS SURVLrf, PLAN OR REPORT VAS PREPARED BY CLIENT: VALLEY )VEST REALTY INC.
ME OR UNDER MY DIRECT SUPEhrLMON AND THAT I AM A DULY REGISTERED
LAND SURVEYOR UNM THE.14*5 OF THE STATE OF MINNESOTA.
M JOB NO. 11,554 SCALE. 10 = 30'
DATE: 2 1 96 REG. NO 13792 BK./PG. "+'50-52 SHEET 2 OF 2
- --- --- - ---------------------------- -------------------------------------------------------- --- ------ ------ -
PROM :UTIC PNU4111 612 421 1G03 1996.07-23 14:34 #892 P.03/04
rr.�.•i i .� ate. CJ11V,.. blc Li'e'd 10b40 1996-07-23 14:39 4767 P.04/09
lr � rp
C. E. ASSOCIA` E9, INC. NORTH
+ toxAr �Dt1Lr6r Psr�Rsonr
PRDFFS IDNAL RRG1STEREU LAND SURVEYORS
RsG�S'Tl►RBD LSI W , WSC. & 107 MEN= IN My OF JOMPOUS
P.Q. 6OX 8400 VINNEAPOLIS, MINNESOTA 55408-0900
PHONE (612) 824-0370 FAX (612) 953-•3074
30 U g0 60 90 Feet
(�t 06TH AVENUE N.E.
142.44
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C;� �8 S NOTES: DFNOTES PROPERTY CORNER.
'` 1 • DENOTES FENCE LINE.
1 17.0 1-•STORY I Z� -of---w- ; I
LEGAL DE5 2TF7ION: ; WOOD FTaME 3 PARCE.1, CONTAINS 19,246 %9UARE-
Na. 5770 FEET. -
IniA 1. 2 & 3, Block 27, E( de Park. AnakR 4) ALL BEARINGS SHOWN ARS �SSuIdE�
Couritp, fdinneaota, together frith aU tb-%t port of
the vocated sn,!y lyiag Beet of gai,tvtx, and wing DATUM.
bet*60A I.h.A Weetarly extension of a NcAh tine 1
Df &aid Lot I, aGd the Rcetet'L; citanzion at the NOTE: TFUS SURVEY' CPRTIFICATE 19 NOT VALTD, WITHOUT
Sou-h tine of gala Lot 5.- AN ORIGINAL SIGNATURE AND A 1•tA1=!SEA1.
COPIC CHT Q 1990, C.E. COULTER do ASSOCIATES. INC.
I HEREBY CERTTF1( TEAT TIDS SUEM, PIAN'OR DEPORT TAS P1iF ARED BY CLIENT. VAUZY W37 AW Y INC.
ME OR UKDFR LY MUM' gPFR'vu104 AN6Ii.4T I AM A DULY RECIb ERE
I�tL�i1'S Yo ER M 1AWS OF nts g A76 OF lfiffl:Sura.
�`' • r\�r-C�-�-����-j JOB NO. 11.554 SCAM- 1'
DATE' " 1/95 EEC. NO_ 13792 BR./PG, 963156-2 57fW J OF 2
Arm
CITY OF
FRIDLEY
FRIDLEY MUNICIPAL CENTER -6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432- (612)571-3450- FAX (612)571-1287
March 4, 1996
To Whom It May Concern:
The City of Fridley Planning Commission will be holding an informal hearing on a lot
split request, L.S. #96-01, by Valley Investment Co., to split Lots 1, 2, and 3, Block
27, Hyde Park, together with all that part of the vacated alley lying west of said lots
and lying between the Westerly extension of the North line of said Lot 1, and the
Westerly extension of the South line of said Lot 3 into two parcels as described:
Parcel A. The West 65 feet of Lot 1, 2, and 3, Block 27, Hyde Park, Anoka
County, Minnesota, as measured along the North line of said Lot
1, and along the South line of said Lot 3, together with all that
part of the vacated alley lying West of said lots, and lying
between the Westerly extension of the North line of said Lot 1,
and the Westerly extension of the South line of said Lot 3.
Parcel B. That part of Lots 1, 2, and 3, Block 27, Hyde Park, Anoka County,
Minnesota, lying East of the West 65 feet thereof as measured
along the North line of said Lot 1 and along the South line of said
Lot 3.
This property is generally located at 276-78 58th Avenue NE.
Any and all persons desiring to be heard shall be given an opportunity at the
Planning Commission meeting on Wednesday, March 20, 1996 at the Fridley
Municipal Center, 6431 University Avenue N.E. at 7:30 p.m. Any questions related to
this item may be referred to the Community Development Department at 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
572-3500 no later than March 13, 1996.
DAVID NEWMAN
CHAIR
PLANNING COMMISSION
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L.S. #96-01 Mailing List Mailed: March 1, 1996
Valley Investment Co.
Valley Investment Co. David/Laurnel Landrus Viola Pfieffer
5730 Duluth Street or Current Resident or Current Resident
Minneapolis, MN 55422 5775 - 2 1/2 Street NE 5817 - 2 1/2 Street NE
Fridley, MN 55432 Fridley, MN 55432
Martin/Emily Dykhoff Lucille Bodin Louise/Gerald Almlie
or Current Resident or Current Resident or Current Resident
5810 - 3rd Street NE 5824 - 3rd Street NE 5826 - 3rd Street NE
Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432
Del/Peggy Price Dorothy Mayer John Orlando
or Current Resident or Current Resident or Current Resident
5821 - 3rd Street NE 5807 - 3rd Street NE 5805 - 3rd Street NE
Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432
Current Resident 1985 Property Co. Irving/Efron Herman
280 - 57th Avenue NE 1317 Burning Wood Way or Current Resident
Fridley, MN 55432 Madison, WI 53704 5735 Quincy Street NE
Fridley, MN 55432
Current Resident Pizza Huts of NW Inc. Current Resident
262 - 57th Place NE 9111 E Douglas 255 - 57th Avenue NE
Fridley, MN 55432 PO Box 428 Fridley, MN 55432
Wichita, KS 67201
William/Ora Talley Kathleen Harvet Hyo Shik Chong/Ja In
or Current Resident or Current Resident 3401 - 78th Avenue No.
281 - 57th Place NE 271 - 57th Place NE Brooklyn Pk, MN 55443
Fridley, MN 55432 Fridley, MN 55432
Current Resident Keith Raveling Lyle/Denise Janz
251 - 57th Place NE or Current Resident or Current Resident
Fridley, MN 55432 5813 - 2 1/2 Street NE 5807 - 2 1/2 Street NE
Fridley, MN 55432 Fridley, MN 55432
D. Knopik/ V. Young Mildred Barker Current Resident
or Current Resident or Current Resident 5770 - 2 1/2 Street NE
5801 - 2 1/2 Street NE 5800 - 3rd Street NE Fridley, MN 55432
Fridley, MN 55432 Fridley, MN 55432
S & A Development Co. P. Slesar/C. Wood Current Resident
3400 East 42nd Street or Current Resident 5780 - 2 1/2 Street NE
Minneapolis, MN 55406 44 Locke Lake Road Fridley, MN 55432
Fridley, MN 55432
1
Bruce Lundberg Albin/Ebba Johnson Current Resident
or Current Resident 2977 - 243th Street 5800 - 2 1/2 Street NE
5815 - 2nd Street NE Cushing, WI 54006 Fridley, MN 55432
Fridley, MN 55432
Leslie Gilbertson Jerry/Barbara McNurlin Current Resident
or Current Resident 250 Sylvan Lane NE 5820 - 2 1/2 Street NE
5810 - 2 1/2 Street NE Fridley, MN 55432 Fridley, MN 55432
Fridley, MN 55432
Charles/Luella Lindberg Angela Wax Current Resident
or Current Resident 612 - 22nd Avenue NE 5821 - 2 1/2 Street NE
5825 - 2 1/2 Street NE Minneapolis, MN 55418 Fridley, MN 55432
Fridley, MN 55432
Violet Rocek Current Resident Raymond/Dorothy Hegna
597 - 10th Avenue SW 5791 - 2 1/2 Street NE or Current Resident
New Brighton, MN 55112 Fridley, MN 55432 5770 - 3rd Street NE
Fridley, MN 55432
Meyer/Joanne Broder Charles Fischer D Jensen/ D Wollenburg
or Current Resident or Current Resident 5027 - 5th Street NE
278 - 58th Avenue NE 248 - 58th Avenue NE Minneapolis, MN 55421
Fridley, MN 55432 Fridley, MN 55432
Current Resident David/Robin Heryla Current Resident
232 - 58th Avenue NE 1000 Polk Place 5761 - 2nd Street NE
Fridley, MN 55432 Columbia Hghts, MN 55421 Fridley, MN 55432
Jerry Finkelstein Current Resident Richard/Sonia Peterson
4319 Cedarwood Road 5801 - 2nd Street NE or Current Resident
St. Louis Pk, MN 55416 Fridley, MN 55432 247 - 57th Place NE
Fridley, MN 55432
V. Brantner/A. Bates Current Resident Ernest Bergstrom
1028 - 42 1/2 Avenue NE 5783 - 2 1/2 Street NE or Current Resident
Columbia Hghts, MN 55421 Fridley, MN 55432 5760 - 3rd Street NE
Fridley, MN 55432
Paul/Diane Beall Edward/Anne Andrajack City Council Members
or Current Resident or Current Resident
261 - 57th Place NE 5832 - 3rd Street NE
Fridley, MN 55432 Fridley, MN 55432
David Newman
Planning Comm. Chair
7635 Alden Way NE
Fridley, MN 55432
CITYOF CITY OF FRIDLEY
FMDLEY COMMISSION APPLICATION REVIEW
File Number 9 File Date 3/4/96 Meeting Date 3/20/96
Description: Lot split request, L.S. #96-01 , by Valley Investment; 276-78 58th Avenue NE
Return to the Community Development Department
Barbara Dacy
Community Development Director
John Flora
Public Works Director
Ed Hervin
City Assessor
Scott Hickok
Planning Coordinator
Ron Julkowski
Chief Building Official
Dick Larson
Fire Marshall
Michele McPherson
Planning Assistant
Dave Sallman
Police Chief
Jon Wilczek
Asst. Public Works Director
APPLICATION REVIEW CHECKLIST
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.......... ................`-*---`:::.......
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-rN. OF FRIDLEY »::»::...::»::>::>. . ......
LOT SPLIT REQUEST, L.S. #96-01, BY VALLEY INVESTMENT CO.; 276-78 58TH AVE.
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�i1tW�l�,r ap f. Authcrizatiort
DESCRIPTION OF REQUEST:
The petitioner requests that a lot split be approved to split Lots 1, 2, and 3, Block 27, Hyde
Park, the same being 276-78 58th Avenue N.E. into two lots. Lot A would measure 77' x
135' and have a lot area of 10,406 square feet, and Lot B would measure 65' x 134.9' and
have a lot area of 8,839 square feet.
SUMMARY OF ISSUES:
The subdivision ordinance (Section 211.05) permits the City Council to approve reductions in
lot areas and lot width if it finds that unique conditions exist. Issues related to the request
can be summarized as:
1. Lot B will be 65 feet wide versus 80 feet, and the lot area is 8,839 square feet versus the
required 9,000 square feet.
2. A duplex is located on Lot A. Currently, the duplex on Lot A does not meet the required
rear yard setback. Should the lot split be approved, the duplex will not meet the required
front yard setback.
3. The detached two car garage located on Lot B will be located on a vacant lot should the
lot split be granted. The City Code does not allow accessory structures to be located on
a lot prior to the principal structure (Section 205.04.05.A). The garage is proposed to be
removed if a building permit is not issued within 12 months of the approval.
PLANNING COMMISSION ACTION:
The Planning Commission voted unanimously to recommend approval of the request to the
City Council. The Commission voted to amend Stipulation #2.
RECOMMENDED ACTIONS:
Staff recommends that the City Council approve the lot split request with the dimensions
of Lots A and B as proposed on the survey dated 2/1/96, with the following stipulations:
6.01
Staff Report
L.S. #96-01, by Valley Investment Co.
Page 2
1. The petitioner acknowledges that the City's action creates a nonconforming front
yard setback for the existing duplex..
2. If the petitioner fails to obtain a building permit within 12 months, and a certificate
of occupancy within 18 months of approval of the lot split, then the petitioner
shall remove the garage on Lot B.
3. The petitioner acknowledges that Lot B has a long, narrow buildable area and
shall design a house to fit that area.
After further analysis, staff also recommends the following stipulation:
4. The petitioner shall provide adequate parking for the duplex.
PROJECT DETAILS
Petition For: A lot split to create a single family lot.
Location 276-78 58th Avenue N.E.
of Property:
Legal Description Lots 1, 2, and 3, Block 27, Hyde Park, together with all that
part of the
of Property: vacated alley lying west of said lots and lying between the
Westerly extension of the North line of said Lot 1, and the
Westerly extension of the South line of said Lot 3.
Size: 142.44' x 134.91' 19,216.6 square feet
Topography: Flat
Existing Typical suburban; trees, sod, shrubs, etc.
Vegetation:
Existing S-1, Hyde Park; 1886
Zoning/Platting:
Availability Located in 58th Avenue
of Municipal
Utilities:
6.02
Staff Report
L.S. #96-01, by Valley Investment Co.
Page 3
Vehicular 58th Avenue; 3rd Street
Access:
Pedestrian N/A
Access:
Engineering N/A
Issues:
Site Planning
Issues:
REQUEST
The petitioner requests that the Planning Commission and City Council approve a lot
split to split Lots 1, 2, and 3, Block 27, Hyde Park, the same being 276-78 58th Avenue
N.E. into two lots. Lot A would measure 77' x 135' and have a lot area of 10,406
square feet, and Lot B would measure 65' x 134.9' and have a lot area of 8,839 square
feet.
PROPERTY DESCRIPTION/HISTORY
The property was originally platted in 1886, and zoned R-2, Two Family Dwelling. In
1959, a 32' x 74' duplex was constructed on the property. In 1970, the parcel was
rezoned from R-2, Two Family Dwelling to C-2, General Business. In 1978, the City
established a special district, entitled "S-1, Hyde Park District". The intent of the S-1
district is to encourage residential investment and redevelopment of commercial
properties to residential uses (single family) in the Hyde Park area.
Building permit activity on the parcel includes the following:
1960 - Construction of a 22' x 23' detached garage
1970 - Construction of a 12' x 20 addition
1977 - Construction of an 8' x 12' deck
1981 - Construction of a 16' x 18' deck
In 1986, the issue of a lot split was first researched by staff at the request of the
previous property owners, the Broders.
6.03
Staff Report
L.S. #96-01, by Valley Investment Co.
Page 4
ANALYSIS
The subject parcel measures 19,216 square feet. The proposed lot split would create
two lots; Lot A on which the existing duplex would be located measuring 77' x 135' and
having a lot area of 10,406 square feet, and Lot B measuring 65' x 134' and having a
lot area of 8,839 square feet. Lot A meets the minimum lot area requirements for a
duplex lot, and also meets the minimum lot width requirements. Lot B, however, is
deficient in lot width; 65 feet versus 80 feet, and also deficient in lot area, 8,839 square
feet versus 9,000 square feet.
The lot area and lot width are not excessivly below the minimum requirements. The City
has, in fact, granted variances to lot area to 5,500 square feet, and lot width to 60 feet.
Approving the lot split also provides an opportunity for the private market to invest in
Hyde Park.
Located on the westerly portion of the parcel is a two family dwelling. During the 1986
analysis by staff, it was determined that 3rd Street, because it is the shorter frontage,
was the front yard regardless of the fact that the property was addressed from 58th
Avenue. The dwelling is located 13.5 feet from the westerly lot line, which would be
considered the rear yard if 3rd Street is the front yard. As a result of this determination,
the property currently has a nonconforming rear yard setback. The rear yard
requirement is 35.61 feet. If the lot split is approved, 58th Avenue will become the front
yard. The duplex is located 14 feet from the front property line. This is nonconforming.
The City's action will cause a "swapping" of nonconformities.
The existing duplex currently utilizes both an attached garage facing 58th Avenue as well
as the detached garage adjacent to 3rd Street. If the lot split is approved, the detached
garage will be located on the newly-created vacant lot. The duplex is required to
provide four parking stalls. This can be accommodated by paving additional parking
adjacent to the attached garage of the duplex. The detached garage cannot be allowed
to remain on the vacant property. Section 205.04.05.A of the Fridley City Code states,
"No accessory building or structure shall be permitted on any lot prior to the time of the
issuance of the building permit for the construction of the principle building."
The petitioner could relocate the detached garage onto Parcel A; however, this would
increase the lot coverage from 25% to 28%, requiring a variance prior to relocation of
the garage.
6.04
Staff Report
L.S. #96-01, by Valley Investment Co.
Page 5
RECOMMENDATION
Staff recommends that the City Council approve the lot split request with the dimensions
of Lots A and B as proposed on the survey dated 2/1/96, with the following stipulations:
1. The petitioner acknowledges that the City's action creates a nonconforming front
yard setback for the existing duplex..
2. If the petitioner fails to obtain a building permit within 12 months, and a certificate
of occupancy within 18 months of approval of the lot split, then the petitioner
shall remove the garage on Lot B.
3. The petitioner acknowledges that Lot B has a long, narrow buildable area and
shall design a house to fit that area.
4. The petitioner shall provide adequate parking for the duplex.
ADJACENT SITES
WEST: Zoning: S-1, Hyde Park Land Use: Duplex
SOUTH: Zoning: S-1, Hyde Park Land Use: Single Family
EAST: Zoning: S-1, Hyde Park Land Use: Vacant
Commercial/
Redevelop-
ment site
NORTH: Zoning: S-1, Hyde Park Land Use: Single Family
PLANNING COMMISSION ACTION:
The Planning Commission voted unanimously to recommend approval of the request to
the City Council.
Comprehensive The zoning and Comprehensive Plan are consistent in this
Planning Issues: location.
Public Hearing No one from the audience spoke regarding this request.
Comments:
6.05
FRIDLEY CITY COUNCIL MEETING OF APRIL 8 1996 PAGE 2
3 . ESTABLISH A PUBLIC HEARING FOR APRIL 22 1996 FOR AN
ORDINANCE AMENDMENT TO LIMIT HARD SURFACE DRIVEWAY OR
PARKING STALL SURFACE MATERIAL TO NO MORE THAN 30 PERC164T OF
THE CALCULATED FRONT YARD AREA IN R-1 AND R-2 DISTRI S:
SET PUBLIC HEARING FOR APRIL 22, 1996.
4 . RECEIVE THE MINUTES OF THE PLANNING COMMISSN MEETING OF
MARCH 20, 1996•
RECEIVED THE MINUTES OF THE PLANNING CO ISS MEETING OF
MARCH 20, 1996.
5. SPECIAL USE PERMIT REQUEST, SP 96- 1 BY RONALD AND JANET
ZACZKOWSKI TO ALLOW A SECONDA ACCESSORY BUILDING IN
EXCESS OF 240 SQUARE FEET GENB&ALLY LOCATED AT 314 HUGO
STREET N.E. (WARD 3) :
Mr. Burns, City Manager, st ed that this is a request for a
special use permit to all a second accessory building at
314 Hugo Street. He sta d that the petitioner is proposing
to construct a 22 foo by 36 foot attached garage and to
keep the existing 12 by 24 foot tuck-under garage. He
stated that the tuc under garage will be used for storage
of the family car, nd the proposed attached garage is to be
used for storage f a second car, a boat, and a hobby shop.
Mr. Burns state that in the past, the City has allowed two
garages and tw driveways.
Mr. Burns stated that the Planning Commission voted
unanimous to approve this request, and staff also
recommen approval with the stipulation that the existing 8
foot b 10 foot utility shed and an off-street parking place
be re oved within one year of the construction of the new
gar e.
PROVED SPECIAL USE PERMIT, SP #96-01, WITH THE STIPULATION
HAT THE EXISTING 8 FOOT BY 10 FOOT UTILITY SHED AND AN OFF-
STREET PARKING PLACE BE REMOVED WITHIN ONE YEAR OF THE
CONSTRUCTION FROM THE NEW GARAGE.
6. RESOLUTION NO. 27-1996 APPROVING A SUBDIVISION, LOT SPLIT
L.S. #96-01, TO SPLIT PROPERTY INTO TWO SEPARATE PARCELS
GENERALLY LOCATED AT 276-78 58TH AVENUE N E (BY VALLEY
INVESTMENT COMPANY) (WARD 3)_
Mr. Burns, City Manager, stated that this lot split will
create two lots; Lot A which will be 77 by 135 feet or
10, 406 square feet, and Lot B which will be 65 by 134 .9 feet
or 8, 839 square feet. He stated that Lot B will be non-
conforming in that its width will be less than the required
80 feet, and its area will be less than the required 9, 000
THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF
APRIL 8,___!y96
The Regular Meeting of the Fridley City Council was called to
order at 7 : 55 p.m. by Mayor Nee after the meeting of the Board of
Review.
PLEDGE OF ALLEGIANCE:
Mayor Nee led the Council and the audience/in the Pledge of
Allegiance to the Flag.
ROLL CALL:
MEMBERS PRESENT: Mayor Nee, Council Oman Jorgenson, Councilman
Billings and Coun .ilwoman Bolkcom
MEMBERS ABSENT: Councilman Schneider
PROCLAMATION•
DAYS OF REMEMBRANCE OF THE VICTIMS OF THE HOLOCAUST:
APRIL 14-21, 1996:
Mr. Burns, City Manager, ead this proclamation proclaiming the
week of April 14 through 21, 1996 as Days of Remembrance of the
Victims of the Holocaus .
Mayor Nee issued thi proclamation and stated that in memory of
those victims we, a citizens of the City, should collectively
and individually strive to overcome bigotry, hatred and
indifference through learning, tolerance and remembrance.
APPROVAL OF MINUTES:
i
COUNCIL MEETING, MARCH 18 , 1996:
MOTION by 'Councilwoman Bolkcom to approve the minutes as
presented. Seconded by Councilwoman Jorgenson. Upon a voice
vote, al voting aye, Mayor Nee declared the motion carried
unanimou ly.
APPROV L OF PROPOSED CONSENT AGENDA:
2. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF
MARCH 6 , 1996•
RECEIVED THE MINUTES OF THE PLANNING COMMISSION MEETING OF
i MARCH 6, 1996.
FRIDLEY CITY COUNCIL MEETING OF APRIL 8 1996 PAGE 3
square feet. He stated that the lot split will also have
the impact of officially redesignating the front and rear
yards of the duplex which now fronts on Third Street.
Mr. Burns stated that, currently, the duplex has a non-
conforming rear yard of only 14 feet instead of the required
35. 61 feet. He stated that if the lot split is approved,
the 58th Avenue side of the property will become the front
yard, and the new front yard will measure only 14 feet
instead of the required 35 feet. He stated that, in
essence, the lot split has the effect of swapping non-
conformities for the duplex. He stated the garage that now
serves the southern most half of the duplex will be moved to
Lot A, and a driveway will be constructed along the west
side of the duplex to serve the relocated garage.
Mr. Burns stated that the newly created Lot B is being sold
for development of a new single family home that must be
built within a 42 .94 foot by 66. 18 foot area or 2,841.77
square feet. He stated that the lot split was unanimously
approved by the Planning Commission subject to the following
stipulations: (1) the petitioner acknowledges that the
City's action creates a non-conforming front yard setback
for the existing duplex; (2) if the petitioner fails to
obtain a building permit within twelve months and a
certificate of occupancy within eighteen months after
approval of the lot split, then the petitioner shall remove
the garage on Lot B; (3) the petitioner acknowledges that
Lot B has a long, narrow buildable area and shall design a
house to fit that area; and (4) the petitioner shall provide
adequate parking for the duplex.
Mr. Burns stated that there were no objections raised by
surrounding neighbors, and staff recommends Council approval
with the four stipulations.
ADOPTED RESOLUTION NO. 27-1996 WITH THE ABOVE FOUR
STIPULATIONS ATTACHED AS EXHIBIT A.
7 . ESTABLISHING A PUBLIC HEARING FOR APRIL 22- -1996 ON A
VACATION REQUEST, SAV 96-01 BY IMPE Cdr HOMES INC. TO
VACATE A DRAINAGE AND UTILITY EAS GENERALLY LOCATED AT
1435 ROYAL OAK COURT N.E. W
SET THE PUBLIC HEARI ON THIS VACATION REQUEST, SAV #96-01
FOR APRIL 22 , 199 .
FRIDLEY CITY COUNCIL MEETING OF APRIL 8, 1996 PAGE 4
8 . APPROVE CHANGE ORDER NO 4 TO LOCKE LAKE DAM RECONSTRUCTION
PROJECT NO. 211: if
Mr. Burns, City Manager, stated that in fi alizing the
payment of the Locke Lake dam, staff re ognized that
additional rebar was used in construction the dam. He
stated that although the additional rebar as not included
in the original design, it was agreedjointly by the
contractor, Lunda Construction Company and the City's
consulting engineer, Ayres & Associates, at the time of
construction. Altogether 7,493 additJonal pounds of steel
was installed, raising the value of the steel from $25, 300
to $29,421. 15 or by $4, 121. 15. He stated that staff
recommends approval of the change order to Lunda Con-
struction Company in the amount of $4 , 121. 15 for the Locke
Lake Dam reconstruction.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
9. RESOLUTION NO. 28-1996 AUTHORIZING CHANGES IN APPROPRIATIONS
FOR THE GENERAL FUND FOR THE FIRST QUARTER OF 1996:
Mr. Burns, City Manager' stated that the adjustments have
arisen as a result of/unforeseen expenditures, donations,
and reclassification of line items. He stated that all of
the General Fund djustments ($4, 950) are covered by
donations from co unity organizations, particularly the
Fridley Lions Club who contributed $4,500 for construction
of a decontaminat' n area at our. main fire station.
Mr. Burns state that this resolution also covers $25, 000 in
expenditures f r investigation of a fuel oil leak from one
of two fuel it tanks located between the main Municipal
Center and e Police Department garages. He stated that
thus far we have spent about $9, 000 for the services of an
environmen al consultant, Bruce A. Liesch and Associates,
and expec to spend up to $25, 000 in 1996. He stated that
ninety p rcent of the City's costs are recoverable from
Petro F ds.
ADOPTE RESOLUTION NO. 28-1996.
10. CLAI S•
AU ORIZED PAYMENT OF CLAIM NOS. 67194 THROUGH 67553 .
11. CENSES•
/APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE IN THE
LICENSE CLERK'S OFFICE.
s
RESOLUTION NO. 27 - 1996
RESOLUTION APPROVING A SUBDIVISION, LOT
SPLIT, L.S. #96-01, TO SPLIT PROPERTY INTO
TWO SEPARATE PARCELS, GENERALLY LOCATED AT
276-78 58th AVENUE N.E.
WHEREAS, the City Council approved a lot split at the April 8,
1996 meeting, and stipulations attached as Exhibit A; and
WHEREAS, such approval was to split Lots 1, 2 , and 3, Block 27,
Hyde Park, together with all that part of the vacated alley lying
west of said lots and lying between the Westerly extension of the
North line of said Lot 1, and the Westerly extension of the South
line of said Lot 3 into two parcels as described:
Parcel A The West 65 feet of Lot 1, 2 , and 3 , Block 27, Hyde
Park, Anoka County, Minnesota, as measured along the
North line of said Lot 1, and along the South line of
said Lot 3, together with all that part of the vacated
alley lying West of said lots, and lying between the
Westerly extension of the North line of said Lot 1, and
the Westerly extension of the South line of said Lot 3 .
Parcel B That part of Lots 1, 2 , and 3, Block 27, Hyde Park,
Anoka County, Minnesota, lying East of the West 65 feet
thereof as measured along the North line of said Lot 1
and along the South line of said Lot 3 .
WHEREAS, the City has received the required Certificate of Survey
from the owner; and
WHEREAS, such approval will split the property into two separate
parcels.
NOW, THEREFORE, BE IT RESOLVED, that the City Council directs the
petitioner to record this lot split at Anoka County within six
months of this approval or else such approval shall be null and
void.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY
THIS 8TH DAY OF APRIL, 1996.
WILLIAM J. NEE - MAYOR
ATTEST:
WILLIAM A. CHAMPA - CITY CLERK
Page 2 - Resolution No. 27 - 1996
EXHIBIT A
1. The petitioner acknowledges that the City's action creates a
nonconforming front yard setback for the existing duplex.
2 . If the petitioner fails to obtain a building permit within
12 months and a certificate of occupancy within 18 months
after approval of the lot split, then the petitioner shall
remove the garage on Lot B.
3 . The petitioner acknowledges that Lot B has a long, narrow
buildable area and shall design a house to fit that area.
4 . The petitioner shall provide adequate parking for the
duplex.
C11Y OF
FRIDLEY
FRIDLEY MUNICIPAL CENTER •6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432•(612) 571-3450• FAX (612)571-1287
CITY COUNCIL
ACTION TAKEN NOTICE
April 11, 1996
Valley Investment Co.
5730 Duluth Street
Minneapolis, MN 55422
Dear Sir or Madam:
On April 8, 1996, the Fridley City Council officially approved your request for a lot split
request, L.S. #96-01, to split Lots 1, 2, and 3, Block 27, Hyde Park, together with all
that part of the vacated alley lying west of said lots and lying between the Westerly
extension of the North line of said Lot 1, and the Westerly extension of the South line
of said Lot 3 into two parcels as described:
Parcel A. The West 65 feet of Lot 1, 2, and 3, Block 27, Hyde Park, Anoka
County, Minnesota, as measured along the North line of said Lot
1, and along the South line of said Lot 3, together with all that
part of the vacated alley lying West of said lots, and lying
between the Westerly extension of the North line of said Lot 1,
and the Westerly extension of the South line of said Lot 3.
Parcel B. That part of Lots 1, 2, and 3, Block 27, Hyde Park, Anoka County,
Minnesota, lying East of the West 65 feet thereof as measured
along the North line of said Lot 1 and along the South line of said
Lot 3.
This property is generally located at 276-78 58th Avenue NE.
Approval of this lot split request is contingent upon the following stipulations:
1. The petitioner acknowledges that the City's action creates a nonconforming
front yard setback for the existing duplex.
Valley Investment Co.
April 11, 1996
Page 2
2. If the petitioner fails to obtain a building permit within 12 months and a
certificate of occupancy within 18 months after approval of the lot split, then
the petitioner shall remove the garage on Lot B.
3. The petitioner acknowledges that Lot B has a long, narrow buildable area and
shall design a house to fit that area.
4. The petitioner shall provide adequate parking for the duplex.
if you nave any questions regarding the above action, please call me at 572-3590.
Sin erely,
Barbara Dacy, AICP
Community Development Director
BD/dw
Please review the above, sign the statement below and return one copy to the City of
Fridley Planning Department by April 25, 1996.
Concur with aC� t ken.
STATE OF MINNESOTA ) CITY COUNCIL PROCEEDINGS
SUBDIVISION (PLAT OR LOT SPLIT)
COUNIV OF ANOKA )
CITY OF FRIDLEY )
In the Matter of: __ a lot split, L.S. #96-01 1263345
Owner: Meyer Broder and Joanne M. Broder
The above entitled matter came before the City Council of the City of Fridley and was heard on the
8th day of Anril , 19 96 , on a petition for a subdivision pursuant to the City of
Fridley's Zoning Ordinance, for the following described property:
To split property into two separate parcels. See attached resolution for complete
legal description. This property is generally located at 278 - 58th Avenue N.E.
�1
IT IS ORDERED that a subdivision be granted as upon the following conditions or reasons:
Approval with four stipulations. See City Council meeting minutes of April 8, 1996.
STATE OF MINNESOTA )
COUNTY OF ANOKA ) OFFICE OF THE CITY CLERK
CITY OF FRIDLEY )
I, William A. Champa, 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 day of ^9
DRAFTED BY:
City of Fridley
6431 University Avenue N.E. �.
Fridley, MN 55432 William A. Champa, City Cler
{SEr�!~)
split, then the petitioner shall remove the garage on Lot B.
3. The petitioner acknowledges that Lot B has a long, narrow buildable area
and shall design a house to fit that area.
4. The petitioner shall provide adequate parking for the duplex.
FRIDLEY CITY COUNCIL MEETING OF APRIL 8 , 1996 PAGE 2
3 . ESTABLISH A PUBLIC HEARING FOR APRIL 22 1996 ,_ FOR AN
ORDINANCE AMENDMENT TO LIMIT HARD SURFACE DRIVIWAY OR
PARKING STALL SURFACE MATERIAL TO NO MORE THAN 30 P RCENT OF
THE CALCULATED FRONT YARD AREA IN R-1 AND R-2 DIS ICTS:
SET PUBLIC HEARING FOR APRIL 22 , 1996.
4 . RECEIVE THE MINUTES OF THE PLANNING COMMSION MEETING OF
MARCH 20, 1996•
RECEIVED THE MINUTES OF THE PLANNING OMMISSION MEETING OF
MARCH 20, 1996.
5. SPECIAL USE PERMIT REQUEST, SP 9 -01 BY RONALD AND JANET
ZACZKOWSKI , TO ALLOW A SECONDAY ACCESSORY_ BUILDING IN
EXCESS OF 240 SQUARE FEET GE RALLY LOCATED AT 314 HUGO
STREET N.E. (WARD 3) :
Mr. Burns, City Manager, st ed that this is a request for a
special use permit to all w a second accessory building at
314 Hugo Street. He sta d that the petitioner is proposing
to construct a 22 foo by 36 foot attached garage and to
keep the existing 12 by 24 foot tuck-under garage. He
stated that the tuc under garage will be used for storage
of the family car, nd the proposed attached garage is to be
used for storage a second car, a boat, and a hobby shop.
Mr. Burns stated hat in the past, the City has allowed two
garages and two driveways.
Mr. Burns tated that the Planning Commission voted
unanimously to approve this request, and staff also
recommends approval with the stipulation that the existing 8
foot by foot utility shed and an off-street parking place
be remo ed within one year of the construction of the new
garage
APPVED SPECIAL USE PERMIT, SP #96-01, WITH THE STIPULATION
TH THE EXISTING 8 FOOT BY 10 FOOT UTILITY SHED AND AN OFF-
S REET PARKING PLACE BE REMOVED WITHIN ONE YEAR OF THE
ONSTRUCTION FROM THE NEW GARAGE.
6. RESOLUTION NO. 27-1996 APPROVING A SUBDIVISION LOT SPLIT
L. S. #96-01, TO SPLIT PROPERTY INTO TWO SEPARATE PARCELS
GENERALLY LOCATED AT 276-78 58TH AVENUE N E (BY VALLEY
INVESTMENT COMPANY) (WARD 3) -
Mr. Burns, City Manager, stated that this lot split will
create two lots; Lot A which will be 77 by 135 feet or
10, 406 square feet, and Lot B which will be 65 by 134 . 9 feet
or 8 , 839 square feet. He stated that Lot B will be non-
conforming in that its width will be less than the required
80 feet, and its area will be less than the required 9 , 000
FRIDLEY CITY COUNCIL MEETING OF APRIL 8 , 1996 PAGE 3
square feet. He stated that the lot split will also have
the impact of officially redesignating the front and rear
yards of the duplex which now fronts on Third Street.
Mr. Burns stated that, currently, the duplex has a non-
conforming rear yard of only 14 feet instead of the required
35. 61 feet. He stated that if the lot split is approved,
the 58th Avenue side of the property will become the front
yard, and the new front yard will measure only 14 feet
instead of the required 35 feet. He stated that, in
essence, the lot split has the effect of swapping non-
conformities for the duplex. He stated the garage that now
serves the southern most half of the duplex will be moved to
Lot A, and a driveway will be constructed along the west
side of the duplex to serve the relocated garage.
Mr. Burns stated that the newly created Lot B is being sold
for development of a new single family home that must be
built within a 42 . 94 foot by 66. 18 foot area or 2 , 841. 77
square feet. He stated that the lot split was unanimously
approved by the Planning Commission subject to the following
stipulations: (1) the petitioner acknowledges that the
City's action creates a non-conforming front yard setback
for the existing duplex; (2) if the petitioner fails to
obtain a building permit within twelve months and a
certificate of occupancy within eighteen months after
approval of the lot split, then the petitioner shall remove
the garage on Lot B; (3) the petitioner acknowledges that
Lot B has a long, narrow buildable area and shall design a
house to fit that area; and (4) the petitioner shall provide
adequate parking for the duplex.
Mr. Burns stated that there were no objections raised by
surrounding neighbors, and staff recommends Council approval
with the four stipulations.
ADOPTED RESOLUTION NO. 27-1996 WITH THE ABOVE FOUR
STIPULATIONS ATTACHED AS EXHIBIT A.
7 . ESTABLISHING A PUBLIC HEARING FOR APRIL 22 , -,-1996 , ON A
VACATION REQUEST, SAV 96-01 BY IMPERIAL HOf4ES, INC. TO
VACATE A DRAINAGE AND UTILITY EASEMENT G RALLY LOCATED AT
1435 ROYAL OAK COURT N.E. (WARD 2) :
SET THE PUBLIC HEARING ON THIS V ATION REQUEST, SAV #96-01
FOR APRIL 22 , 1996.
ABSTRACT
Receipt # O ❑ Certi(iad Copy DOCUMENT NO. 1263345 . 0 ABSTRACT
Dale'Timee tp / L:00 C Tax Liens/Releases ANOKA COUNTY MINNESOTA
Doc. Order_�of�_ ❑ Mulli-Co Doc Tax Pd I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS FILED IN THIS OFFICE
✓ b , Recordabilil , ❑ Transfer New FOR RECORD ON
FEB 06 97 AND WAS DULY RECORDED.
G C1Dasc. AT AM
Filing Fees, � I• C] Division ❑ GAG 't$nn
FEES AND T XI PTI-It-AMOUNT OF $19 . 50
19 , 5 O PAID.
Def.
Delgs, Pins: 1L I ❑ Stalus ❑ Spec.
RECEIPT NO. 7 0 0 910 0
DWARD M.TRESKA
ANOKA COUNTY PROPERTY TAX ADMINISTRATOR/RECORDER/REGISTRAR OF TITLES
BY
DEPUTY PROPERTY TAX ADMINISTRATOR/RECOR DER/REGISTRA R OF TITLE