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LS99-04 CITY OF FRIDLEY 6431 UNIVERSITY AVENUE FRIDLEY, MN 55432 (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT SUBDIVISION APPLICATION FOR: Plat Lot Split PROPERTY INFORMATION: - site plao-required for submittal, see attached Address: L'--741,/ 41 Property Identification Num er: az,, 30 -- 9 - 3Y-067�PS— Le al DeI4cription: Lots`% '' Block_ 16 Tract/Addition 0 1 3=A1 Current Zoning:re ,w Square footage/acreage: Reason for Subdivision: ; -'70,l Have you operated a business in a city which required a business license? Yes No a' If Yes, which city? If Yes, what type of business? Was that license ever denied or revoked? Yes No FEE OWNER INFORMATION (as it appears on the property title) (Contract purchasers: Fee owners must sign this form prior to processing) NAME: ADDRESS: ' v .,.� r, ,i,/.✓ C DAYTIME PHONE:-s-6t - K,17r SIGNATURE ATE: a PETITIONER INFORMATIO NA1114E: tz r ADDRESS: � - ,►. �' c�y DAYTIME PHONE: ��/?S�/-t�Y��' SIGNATURE/DATE: -- 6 .VV.V/v�rY/VN1VrVNN NtirVNN.�r1V/rVAV/rNIV/rV N/V/VV/VNnrV iV MrVVrV VHH/V/VV SVM VV V V^IV Ar/V V V/V V Nor�I FEES Plat: $500.00 for 20 Lots, $15.00 for each additional lot Total . e: I . Lot Split: $250.00,: C Receipt* Received By: Application Number 99-0 / Scheduled Planning Commission Date: i 11 ) Scheduled City Council Date: 17, ,99 10 Day Application Complete Notification Date: 60 Day Date: City of Fridley Land C Application Process 60 Day Agency Action Law Application Date Planning Commission Meeting City Council Decision 60 Day Window Starts Recommendation to Council Approval or Denial 21-40 Days 50-60 Days Approved, Action Taken Letter Application Complete 10 Day Notice Tabled, 60 More Days Submit Complete Public Hearings: Application and Variance ; Denied Materials Vacations Lot Splits Public Hearings: Plats Rezonings Rezonings Zoning Amendments Zoning Amendments Wetland Replacements Comprehensive Plan Special Use Permits CERTIFICATE OF SURVEY Py �O ti `P DUPLEX A ti „.e SE 89° 16' 48" 135.61' _ f LOT 28 w w SCALE 1 --- jL--- -------- C' 34.36' 24.2' (/� o LOT27 - ASPHALT 0' = o ' o PARKING LOT o L0 z LOT26 I 34.47' n V I ---------------- -&w -- --------------- w G I P v' 6" wood fence Q LOT 25 clear of line 24.2, 1.8 135.70' NW 89° 16' S0'"� fence 0.4' So. of line cyclone fence more or less on line Fl STORY FRAME O DENOTES SET IRON MONUMENT PARCEL 1 LOTS 27 AND 28 AND THE WEST HALF OF THE ADJOIN!NG X DENOTES SET P. K. NAIL VACATED ALLEY. BLOCK 16. HAMILTON'S ADDITION TO MECHANICSVILLE. ACCORDING TO THE PLAT THEREOF ON BEARINGS ARE ASSUMED RECORD AT ANOKA COUNTY. MINNESOTA. SO. FT. = 10.849.6 PARCEL 2 LOTS 25 AND 26 AND THE WEST HALF OF THE ADJOINING ! VACATED ALLEY. BLOCK 16. HAMILTON'S ADDITION TO MECHANICSVILLE. ACCORDING TO THE PLAT THEREOF 0!, RECORD AT ANOKA COUNTY. MINNESOTA. SO. FT. = 10853.5 NORTH AMERICAN SURVEYS 7130 UNIVERSITY AVE. I hereby certify that this survey was prepared by rm or under r. . FRIDLEY. MN. 55432 direct supervision and that I am duly Registered Land Surveycr and r the ws of the St 1Wof 3&jnnesoto 612-502-0579 99138 pate: d:Vc. "r- /3_ Reg. No. 9293 ' -- � N-eLo-- _y - I Hit l qq9 �V City of Fridley 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, November 17, 1999,at 7:30 p.m,for the purpose of: Consideration of a Lot Split LS#99-04,by Gary A.Wellner,to divide the property in half leaving one building site per building, legally described as Lots 25,26,27,&28,Block 16, Hamilton's Addition to Mechanicsville,gener- ally located at 5361 6th Street 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 Scott Hickok, Planning Coordinator at 612-572-3599. Hearing impaired persons planning to attend who need an interpreter or other per- sons with disabilities who require auxiliary aids should contact Roberta Collins at 612- 572-3500 no later than November 12,1999. DIANE SAVAGE CHAIR PLANNING COMMISSION (November 4, 11, 1999) Fridley,Columbia Heights,Hilltop Focus News 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, November 17, 1999, at 7 : 30 p.m. for the purpose of: Consideration of a Lot Split LS #99-04, by Gary A. Wellner, to divide the property in half leaving one building site per building, legally described as Lots 25, 26, 27, & 28, Block 16, Hamilton' s Addition to Mechanicsville, generally located at 5361 6th Street 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 Scott Hickok, Planning Coordinator at 612-572-3599. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 612-572-3500 no later than November 12, 1999 . DIANE SAVAGE CHAIR PLANNING COMMISSION Publish: November 4, 1999 November 11, 1999 CITY OF FRIDLEY PUBLIC HEARING NOTICE BEFORE THE PLANNING COMMISSION TO: All property owners/residents within 350 feet of property generally located at 5361 6th Street NE. CASE NUMBER: LS #99-04 APPLICANT. Gary A. Wellner Petitioner or representative must attend the Planning Commission meeting. PURPOSE: To divide the property in half leaving one building site per building. LOCATION OF 5361 6th Street NE. PROPERTY AND LEGAL Lots 25, 26, 27, & 28, Block 16, Hamilton's Addition to DESCRIPTION: Mechanicsville. DATE AND TIME OF Planning Commission Meeting: HEARING: Wednesday, November 17, 1999, at 7:30 p.m. The Planning Commission Meetings are televised live the night of the meeting on Channel 35. 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 Scott Hickok, Planning Coordinator, at 6431 University Avenue N.E., Fridley, MN 55432 or FAX at 612-571-1287. SPECIAL Hearing impaired persons planning to attend who need an ACCOMODATIONS: Interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 612-572-3500 no later than November 12, 1999. ANY QUESTIONS: Contact Scott Hickok, Planning Coordinator at 612-572-3599 or Paul Bolin, Planning Assistant at 612-572-3593. Publish: November 4, 1999 November 11, 1999 City of Community Development Department Fridley Land Use Permit Notification :.ME ME Er 0 wM IM-7 i 19M aiulk_-LAO I —T-7— 71 O"d et 6 01" lit rl F—i F-7 LLL_j L -7, R-1-One Famly Units =Ki-Light Industrial N Souroes: R-2-Two Fainly •Units =Ki-Heavy Industrial Fridley Flaming R-3-General Ki Units =Ki- Outdoor Intensive Heavy Industrial A Fridley GIS R-4-Ki Horne Parks =P-Public FacilitiesAnoka County GIS WPUD-Planned Unit Development ROW "k Anoka County Assessing S-I-Hyde Park Nr-,ighborticods RR-Ralroads Land Use Permit Applicatior LS #99-04 S-2-RedevelopmentDstnct LLJ G1-Local Business Parcel/Lot Lines 5361 6th Street NE I C-2-C*-j-wyJ Business C-3-General Shopprig Water Features Gary A.Wellner C-R1-General Office • x- NICKLOW A A& E C CURRENT RESIDENT HUBER ROBERT J & MICHELE 1150 HERITAGE LN 117 HARTMAN CIR NE 18380 GLADIOLA ST NW ORONO, MN 55391 FRIDLEY, MN 55432 CEDAR, MN 55011 CURRENT RESIDENT MORROW HAROLD D &JOANNE PAPILLON JAMES B & BERNACE 451 54TH AVE NE 50 GLENDALE DRIVE 500 53 1/2 AVE NE FRIDLEY, MN 55421 RIVER FALLS, WI 54022 FRIDLEY, MN 55421 Ca v em— IRes��c'rll' Q MEALHOUSE GALE V& BETTY J REILAND BARBARA A 501 53 1/2 AVE NE 501 53RD AVE NE 505 54TH AVE NE FRIDLEY, MN 55421 FRIDLEY, MN 55421 FRIDLEY, MN 55421 HAWORTH CLYDE H CRISLER GARRET F JOHNSON ROBERT IVAR &JOYCE 508 53 1/2 AVE NE 509 53 1/2 AVE NE 513 54TH AVE NE FRIDLEY, MN 55421 FRIDLEY, MN 55421 FRIDLEY, MN 55421 ALLARD SCOTT E & KAREN LARSON LAWRENCE M JR& S P ROSLYN WESEYLAN CHURCH 516 54TH AVE NE 517 53 1/2 AVE NE 5300 6TH ST NE FRIDLEY, MN 55421 FRIDLEY, MN 55432 FRIDLEY, MN 55432 LAMBERT BRUCE P &VICKI J CURRENT RESIDENT ANDERSON MICHAEL C 5310 7TH ST NE 5315 5TH ST NE 5315 6TH ST NE FRIDLEY, MN 55421 FRIDLEY, MN 55421 FRIDLEY, MN 55432 LEWIS TERRANCE P & SANDRA WALKER DEBORAH J JOHNSON DEAN VINCENT& SANDRA 5323 6TH ST NE 5329 5TH ST NE 5330 7TH ST NE FRIDLEY, MN 55432 FRIDLEY, MN 55421 FRIDLEY, MN 55432 STIMACK THOMAS & BARTON S F CURRENT RESIDENT CEDERSTROM YUANITA L 5331 5TH ST NE 5331 6TH ST NE 5331-6TH ST NE FRIDLEY, MN 55421 FRIDLEY, MN 55432 MPLS, MN 55421 Cu ffeor ges i GW1,{.�- CURRENT RESIDENT ! MUSKE CURT A& DIANA K 5335 6TH ST NE 5336 6TH ST NE 5340 7TH ST NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 YANG YENG H ETAL * SCHUMACHER EDWARD T&JODI L BLANK RICHARD K 5346 6TH ST NE 5350 7TH ST NE 5360 6TH ST NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 MARTIN ALFRED N JR CURRENT RESIDENT CURRENT RESIDENT 5360 7TH ST NE 5361 6TH ST NE 5367 5TH ST NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55421 OSWALD ROBERT J GIDEO ROBERT J & FRANCES BATES CHRISTINE L 5370 7TH ST NE 5372 6TH ST NE 5375 5TH ST NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55421 SIEDLECKI PATRICIA J HOIBY RONALD L & CAROL A CURRENT RESIDENT 5380 6TH ST NE 5380 7TH ST NE 5381 6TH ST NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 JOHNSON DONALD R & SUSAN M CURRENT RESIDENT CURRENT RESIDENT 5390 7TH ST NE 5391 7TH ST NE �. � 5402 7TH ST NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 >''` FRIDLEY, MN 55432 SHIK UN & CHONG YONG SOON BRYANT ROBERT MICHAEL CURRENT RESIDENT 5411 7TH ST NE 5421 7TH ST NE 5430 7TH ST NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 GLIADON T D & D L SACCOMAN JOHN A WELLNER GARY A 7131 RIVERVIEW TERRACE NE 7616 DOUGLAS DR 8457 RIVERVIEW LN N FRIDLEY, MN 55432 BROOKLYN PARK, MN 55443 BROOKLYN PARK, MN 55444 SELLARDS JESSE J Bad Address 1 Bad Address 2 8491 HILLSIDE TRAIL FRIDLEY, MN 0 FRIDLEY, MN 0 COTTAGE GROVE, MN 55016 Bad Address 3 Bad Address 4 SCHOLZEN EDWARD J & LOIS S FRIDLEY, MN 0 ' o Bad Address 5 117 HARTMAN CIR FRIDLEY, MN 55432 City of Fridley Land Use Application LS-99-04 November 17, 1999_ GENERAL INFORMATION SPECIAL INFORMATION Applicant: Public Utilities: Gary Wellner Duplex is connected. 8457 Riverview Lane N. Transportation: Brooklyn Park, MN 55444 Duplex is accessed via 6th Street. Requested Action: Physical Characteristics: Lot split Lot is covered by grass, parking area, Purpose: and duplex. To split the property in half, leaving one SUMMARY OF PROJECT duplex per lot. Petitioner is seeking lot split to divide a Existing Zoning: property with(2) 2 unit buildings, into two Residential - 2 separate parcels, each containing a duplex(2 Location: units). Petitioner is also seeking a variance to 5361 6th Street correct an existing non-conformity(side yard Size: setback). 10,800 sq. ft. .25 acres SUMMARY OF ANALYSIS Existing Land Use: City Staff recommends approval of this lot split Two Family Home request, with stipulation. Surrounding Land Use & Zoning: 1. Approval of lot split is dependent upon N: Two Family & R-2 approval of the side yard variance request(VAR E: Single Family& R-1 #99-30). S: Single Family& R-2 W: Two Family& R-2 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: With a variance for side yard setback reduction, both lots will meet City zoning codes. Zoning History: Lot platted in 1886. Duplex built in 1960. Legal Description of Property: Lots 25& 26, Block 16, Hamilton's Addition to Mechanicsville. Council Action: December 13, 1999 (View of existing setback) Staff Report Prepared by: Paul Bolin LS #99-04 Analysis Gary Wellner, petitioner, and his partners recently divided their property holdings. As a result the petitioner is seeking a lot split from the Planning Commission for his property located at 5361 6th Street NE. Petitioner is seeking lot split to divide property into two separate parcels, each containing a duplex. With a variance to correct an existing non-conforming side yard setback, both lots will meet City zoning codes. The petitioner is also seeking a variance, from the Appeals Commission, to reduce the required side yard setback from 10' to 7.99' in order to correct an existing non- conformity. In 1960, the petitioners duplex was built 7.99' from the side lot line. In order to correct this non-conformity, a variance to recognize 7.99' as the required side yard setback for this property is necessary. The City's policy has been to correct non-conformities when owners apply for any City permits. It would cause great hardship to require a property owner to remove their existing structure due to a non-conformity that happened 40 years ago. Therefore, staff recommended approval of the variance request. Staff recently had contact with a neighboring property owner who will be processing a variance application for a nearly identical request. Staff Recommendation City Staff recommends approval of this lot split request, with stipulation. 1. Approval of lot split is dependent upon approval of the side yard variance request (VAR#99-30). I (Requested variance) PLANNING COMMISSION MEETING,NOVEMBER 17, 1999 PAGE 3 2. PUBLIC HEARING: CONSIDERATION OF A LOT SPLIT, LS #99-04, BY GARY WELLNER TO DIVIDE THE PROPERTY IN HALF LEAVING ONE BUILDING SITE PER BUILDING GENERALLY LOCATED AT 5361 6T" STREET N.E.: MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 7:42 P.M. Mr. Bolin, Planner, stated that Gary Wellner, the petitioner, is seeking a lot split to divide the property that currently contains two duplex buildings into two separate parcels with each parcel containing its own duplex unit. The Appeals Commission recommended approval of a variance to correct an existing nonconformity concerning the side yard setback. The petitioner would like to split the lot down the middle with each lot being 80 feet across. The property is zoned R-2, as are all of the surrounding properties to the north and west and south. There is R-1 behind this property. City Code does require a minimum lot size of 10,000 square feet. Both of these lots, once split, would be over 10,800 square feet. The existing nonconforming side yard setback is on Parcel 2. The side yard does require a ten foot setback for living area, and the petitioner currently has slightly under eight feet. Staff recommends approval of this lot split request with one stipulation: 1. The approval of the lot split is dependent upon approval of the side yard variance request (VAR #99-30). Mr. Bolin stated that both items will go to the City Council on December 13. Both lots will have 80 feet of frontage and the lot depths are 135 feet. Both duplexes will meet all setback requirements. Mr. Oquist asked for further clarification on the variance request. Mr. Bolin stated that it was to reduce the side yard setback. The legal distance is from 10 feet down to 8 feet. The variance is needed only on one side. Mr. Gary Wellner stated that he does not have any problem with the stipulation. MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 7:49 P.M. MOTION by Mr. Sielaff, seconded by Mr. Oquist, to approve the Lot Split, #99-04 with the following stipulation: 1. The approval of the lot split is dependent upon approval of the side yard variance request (VAR #99-30). PLANNING COMMISSION MEETING,NOVEMBER 17, 1999 PAGE 4 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. RECEIVE THE "NUTES OF THE OCTOBER 14, 1999, HOUSING AND REDEVELOPMENT AUTHORITY MEETING: MOTION by Mr. Oquist, seconded by Mr. Saba, to receive the minutes of the October 14, 1999, Housing and Red6velopment Authority meeting. UPON A VOICE VOTE, ALLOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNA IMOUSLY. 4. RECEIVE THE MINUTES F THE OCTOBER 19 1999 ENVIRONMENTAL QUALITY AND ENERGY WMMISSION MEETING: MOTION by Mr. Sielaff, seconded by Mr. Saba, to receive the minutes of the October 19, 1999, Environmental Quality and 'Energy Commission meeting. UPON A VOICE VOTE, ALL VOTING\ YE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUS Y. 5. RECEIVE THE MINUTES OF THE OCTOBER 4 1999 PARKS AND RECREATION COMMISSION MELTING: MOTION by Mr. Kondrick, seconded by Mr. quist, to receive the minutes of the October 4, 1999, Parks and Recreation Commission meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 6. RECEIVE THE MINUTES OF THE OCTOBER 13, 1999, APPEALS COMMISSION MEETING: MOTION by Mr. Saba, seconded by Mr. Kondrick, to eceive the minutes of the October 13, 1999, Appeals Commission meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. OTHER BUSINESS: 7. NATURE CENTER DISCUSSION: Mr. Doyle D. Mullin, President of the Springbrook Nature Center Foundation Board of Directors, stated that he would like to acknowledge Siah St. Clair and Missy Daniels for their hard work in preparing the Nature Center information. Siah St. Clair and Missy Daniels are City staff who are also both on the Springbrook Nature Center Foundation. Aff AGENDA ITEM IL ri CITY COUNCIL MEETING OF DECEMBER 13, 1999 !RIDLO' EY Date: 12/6/99 /� To: William Burns, City Manager14 From: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Paul Bolin, Planner RE: Planning Commission action on LS#99-04 M-99-291 INTRODUCTION Gary Wellner is seeking lot split to divide a property with (2) 2 unit buildings, into two separate parcels, each containing a duplex (2 units) on his property located at 5361 6th Street. Petitioner is also seeking a variance to correct an existing non-conformity (side yard setback). If variance VAR#99-30 is granted for side yard setback reduction, both lots will meet City zoning codes. PLANNING COMMISSION ACTION At the November 17, 1999, Planning Commission meeting, a public hearing was held for LS #99-04. A motion was made to approve Lot Split, LS #99-04, to allow the property located at 5361 6th Street to be split. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMENDATION City Staff recommends that the City Council concur with the planning commission and approve the resolution authorizing Lot Split, LS #99-04. 24 FRIDLEY CITY COUNCIL MEETING MINUTES OF DECEMBER 13, 1999 PAGE 2 2. RECEIVE THE PLANNING COMMIS ON MINUTES OF DECEMBER 1 1999: RECEIVED THE PLANNING CO HSSION MINUTES OF DECEMBER 1, 1999. 3. RESOLUTION NO. 94-1999 APPROVING A SUBDIVISION, LOT SPLIT, LS #99-04, TO CREATE TWO DUPLEX (TWO FAMILY) PARCELS, GENERALLY LOCATED AT 5361 SIXTH STREET N.E. (WARD 1) (BY GARY WELLNER): Mr. Burns, City Manager, stated that the petitioner, Gary Wellner, was seeking a lot split for a property that contains two existing duplexes. The Planning Commission unanimously approved his request at their November 17 meeting. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 94-1999. 4. VARIANCE REQUEST, VAR #99-30 BY GARY WELLNER TO REDUCE THE SIDE YARD SETBACK FROM 1 FEET TO 7.99 FEET TO CORRECT AN EXISTING NONCONFORMITY GENEhALLY LOCATED AT 5361 SIXTH STREET N.E. (WARD 1): Mr. Burns, City Manager, stated th\ae at the time of construction of one of the two of Mr. Wellner's duplexes, the duplex wted a distance of 7.99 feet from the side lot line rather than the required 10 feet. Cosked to forgive the error by granting a variance for the 7.99 foot side yard. The Appission unanimously approved this request at their November 10 meeting. Staff recoouncil's approval. APPROVED VARIANCE REQU99-30. 5. RESOLUTION NO. 95-1999 APA UBDIVISION LOT SPLIT LS #99-05 TO ESTABLISH NEW PROPERTY LINES MR TWO RESIDENTIAL PARCELS GENERALLY LOCATED AT 5928 WOODY L NE N.E. WARD 2): Mr. Burns, City Manager, stated that this was co sideration of a resolution approving a subdivision lot split for property located at 5928 W dy Lane. The petitioners, David and Sharon Landes, have reached an agreement with their n ighbors to purchase 550 square feet of their property. The acquisition would allow Mr. and rs. Landes to properly slope a new retaining wall on their property in a manner less conduci e to washouts. They asked for a lot split for the purpose of adding the 550 square feet to their operty. The Planning Commission gave their unanimous approval to this request at their Decem er 1 meeting. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 95-1999. 6. APPROVE DEVELOPMENT AGREEMENT BETWEEN TH CITY OF FRIDLEY AND STEPHEN P. VARICHAK DOLORES M. VARICHAK JAMEN SURDYK AND LYNNE E. SURDYK (WARD 2): Mr. Burns, City Manager, stated that the development agreement embo 'es the 254 stipulations that were attached to the Varichak plat that was approved by Counc' on August 9. The agreement has since been modified to include Stipulation No. 24 re arding storm water THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF DECEMBER 13, 1999 The Regular Meeting of the Fridley City Council was called to order y Mayor Jorgenson at 7:30 p.m. PLEDGE OF ALLEGIANCE: Mayor Jorgenson led the Council and audience in the Pledge f Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Jorgenson, Coun lmember Barnette, Councilmember Billings, and Councilmember Bolkc MEMBERS ABSENT: Councilmember Wo e STATEMENT OF MEETING CONDUCT: Please be reminded that those present at t ay's meeting may hold a variety of views and opinions regarding the business to be conducted. The exercise of democracy through representative local government requires that ALL points o view be accommodated at these proceedings. It is further expected that a standard of mutual court y and respectfulness be exercised by all in attendance, through our individual expression, manner of peaking, and conduct. Therefore, please receive the views of other with the same degree of cou esy and respect which you desire to be given your views and opinions. Any departures from t is standard will be addressed by the Presiding Officer through whatever means are deemed appr nate. Thank you for your attendance at today's meeting, and your agreement to abide by these stan rds of personal conduct. APPROVAL OF MINUTES: MOTION by Councilmemb r Billings to approve the City Council meeting minutes of November 22, 1999. Seconded by Counc member Bolkcom. UPON A VOICE VO E, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED NANIMOUSLY. APPROVAL OF P POSED CONSENT AGENDA: NEW BUSINE /THE 1. RECEI PLANNING COMMISSION MINUTES OF NOVEMBER 17, 1999: RECE ED THE PLANNING COMMISSION MINUTES OF NOVEMBER 17, 1999. RESOLUTION NO. 94-1999 A RESOLUTION APPROVING A SUBDIVISION,LOT SPLIT,LS #99-04, TO CREATE TWO DUPLEX(TWO FAMILY) PARCELS, GENERALLY LOCATED AT 5361 6th STREET WHEREAS, the Planning Commission held a public hearing on the Lot Split,LS #99-04, on November 17, 1999, and recommended approval; and WHEREAS,the City Council at the December 13, 1999,meeting approved the Lot Split request; and WHEREAS, such approval was to create two residential duplex(two family) lots,based on new legal descriptions which read as follows: Proposed New Parcel 1: Lots 27 and 28 and the west half of the adjoining vacated alley,Block 16,Hamilton's Addition to Mechanicsville, according to the plat thereof on record at Anoka County,Minnesota. Proposed New Parcel 2: Lots 25 and 26 and the west half of the adjoining vacated alley, Block 16, Hamilton's Addition to Mechanicsville, according to the plat thereof on record at Anoka County,Minnesota.. WHEREAS,by Council approving this lot split and variance request VAR#99-30,the Council recognizes that 7.99' is the required sideyard setback for the existing building on proposed Parcel 2; and WHEREAS,the City has received the required Certificate of Survey from the owners. NOW, THEREFORE,BE IT RESOLVED, that the City Council of the City of Fridley directs the petitioner to record this Lot Split at Anoka County within six (6)months or said approval shall become null and void. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 13TH DAY OF DECEMBER 1999. fJAACY� ON-MAYOR ATTEST: i DE RA A. SKOGEN- TY CLERK CITY OF FM DLEY FRIDLEY MUNICIPAL CENTER•6431 UNIVERSITY AVE. N.E. FRIDLEY,MN 55432•(612)571-3450•FAX(612)571-1287 CITY COUNCIL ACTION TAKEN NOTICE December 15, 1999 Gary Wellner 8457 Riverview Lane N Brooklyn Park, MN 55444 Dear Mr. Wellner: On December 13, 1999, the Fridley City Council officially approved your request for a Lot Split LS #99-04, to divide a property with (2) 2 unit buildings, into two separate parcels, each containing a duplex (2 units), legally described as Lots 25, 26, 27, & 28, Block 16, Hamilton's Addition to Mechanicsville, generally located at 5361 6th Street NE. If you have any questions regarding the above action, please call me at 612-572-3590. c ely, Barbara Dacy, AICP Community Development Director BD/jt cc: Address File Assessing Dept. Gis Dept. Please review the above, sign the statement below and return one copy to the City of Fridley Planning Department by December 27, 1999. Conc ith action taken. C-99-217 C5 S" STATE OF MINNESOTA ) CITY COUNCIL PROCEEDINGS SUBDIVISION (PLAT OR LOT SPLIT) COUNTY OF ANOKA ) CITY OF FRIDLEY ) In the Matter of: A Lot Split, L.S. #99-04 Owner: Gary A. Wellner The above entitled matter came before the City Council of the City of Fridley and was heard on the 13th day of December, 1999, on a petition for a subdivision pursuant to the City of Fridley's Zoning Ordinance, for the following described property: To create two duplexes (two family) parcels, legally described as Lots 25 and 26 and the west half of the adjoining vacated alley, Block 16, Hamilton's Addition to Mechanicsville, according to the plat thereof on record at Anoka County, Minnesota, generally located at 5361 6th Street. IT IS ORDERED that a subdivision be granted as upon the following conditions or reasons: Approval with no stipulations. See City Council meeting Minutes of December 13, 1999. 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 a3(d day of f✓aryAry , 2000 DRAFTED BY: City of Fridley rJ } 6431 University Avenue N.E. Fridley, MN 55432 Debra A. tkogen, City' Clerk (SEAL) FRIDLEN" CITN' COUNCIL MEETING MINUTES OF DECEMBER 13, 1999 PAGE 2 2. RECEIVE THE PLANNING COMMIS ON MINUTES OF DECEMBER 1 1999: RECEIVED THE PLANNING CO- IISSION MINUTES OF DECEMBER 1, 1999. 3. RESOLUTION NO 94-1999 APPROVING A SUBDIVISION, LOT SPLIT, LS 1"199-04, TO CREATE TWO DUPLEX (TWO FAMILY) PARCELS. GENERALLY LOCATED AT 5361 SIXTH STREET N.E. ( `'ARD f) (BY GARY WELLNER): Mr. Burns, Citv Manager, stated that the petitioner, Gary Wellner, was seeking a lot split for a property that contains two existing duplexes. The Planning Commission unanimously approved his request at their November 17 meeting. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 94-1999. 4. VARIANCE REQUEST, VAR #99-30 BY GARY WELLNER TO REDUCE THE SIDE YARD SETBACK FROM 1 FEET TO 7.99 FEET TO CORRECT AN EXISTING NONCONFORMITY GENE ALLY LOCATED AT 5361 SIXTH STREET N.E. (WARD D: Mr. Bums, City Manager, stated that i 1960, at the time of construction of one of the two of Mr. Wellner's duplexes, the duplex was co structed a distance of 7.99 feet from the side lot line rather than the required 10 feet. Council as asked to forgive the error by granting a variance for the 7.99 foot side yard. The Appeals Co mission unanimously approved this request at their November 10 meeting. Staff recommended ouncil's approval. APPRO`'ED VARIANCE REQUEST, VAR 99-30. 5. RESOLUTION NO. 95-1999 APPROVING A UBDIVISION LOT SPLIT LS #99-05 TO ESTABLISH NEW PROPERTY LINES POR TWO RESIDENTIAL PARCELS GENERALLY LOCATED AT 5928 WOODY LANE N.E. WARD 2): Mr. Burns, City Manager, stated that this was c\ea ion of a resolution approving a subdivision lot split for property located at 5928 ane. The petitioners, David and Sharon Landes, have reached an agreement with theors to purchase 550 square feet of their property. The acquisition would allow Mr. Landes to properly slope a new retaining wall on their property in a manner less coo washouts. They asked for a lot split for the purpose of adding the 550 square feet toperty. The Planning Commission gave their unanimous approval to this request at theier 1 meeting. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 95-1999. 6. APPROVE DEVELOPMENT AGREEMENT BETH CITY OF FRIDLEY AND STEPHEN P. VARICHAK DOLORES vi. VARICHAK JAME SURDYK AND LYNNE E. SURDYK (WARD 2): Mr. Burns, City Manager, stated that the development agreement embo 'es the 254 stipulations that were attached to the Varichak plat that was approved by Counc' on August 9. The agreement has since been modified to include Stipulation No. 24 re arding stom7 water THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF DECEMBER 13. 1999 The Regular %leeting of the Fridley City Council was called to order v Mayor Jorgenson at 7:30 p.m. PLEDGE OF ALLEGIANCE: Mayor Jorgenson led the Council and audience in the Pledge f Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Jorgenson, Coun lmember Barnette, Councilmember Billings, and Councilmember Bolkc MEMBERS ABSENT: Councilmember Wo e STATEMENT OF MEETING CONDUCT: Please be reminded that those present at t ay's meeting may hold a variety of views and opinions regarding the business to 'be conducted. The exercise of democracy through representative local government requires that .ALL points o view be accommodated at these proceedings. It is further expected that a standard of mutual court y and respectfulness be exercised by all in attendance, through our individual expression, manner of peaking, and conduct. Therefore, please receive the views of other with the same degree of cou esy and respect which you desire to be given your views and opinions. Any departures from t is standard will be addressed by the Presiding Officer through whatever means are deemed appr nate. Thank you for your attendance at today's meeting, and your agreement to abide by these stan rds of personal conduct. APPROVAL OF MINUTES: MOTION by Councilmemb r Billings to approve the City Council meeting minutes of November 22, 1999. Seconded by Counc' member Bolkcom. UPON A VOICE VO E, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED NANIMOUSLY. APPROVAL OF P POSED CONSENT AGENDA: NEW BUSINESS 1. RECEIN THE PLANNING COMMISSION MINUTES OF NOVEMBER 17, 1999: RECE ED THE PLANNING COMMISSION MINUTES OF NOVEMBER 17, 1999. RESOLUTION NO. 94-1999 A RESOLUTION APPROVING A SUBDMSION, LOT SPLIT, LS #99-04, TO CREATE TWO DUPLEX(TWO FAMILY) PARCELS,GENERALLY LOCATED AT 5361 6th STREET WHEREAS, the Planning Commission held a public hearing on the Lot Split, LS #99-04, on November 17, 1999, and recommended approval; and WHEREAS, the City Council at the December 13, 1999,meeting approved the Lot Split request; and WHEREAS, such approval was to create two residential duplex (two family) lots,based on new legal descriptions which read as Follows: Proposed New Parcel 1: Lots 27 and 28 and the west half of the adjoining vacated alley,Block 16,Hamilton's Addition to Mechanicsville, according to the plat thereof on record at Anoka County,Minnesota. Proposed New Parcel 2: Lots 25 and 26 and the west half of the adjoining vacated alley,Block 16, Hamilton's Addition to Mechanicsville, according to the plat thereof on record at Anoka County,Minnesota.. WHEREAS,by Council approving this lot split and variance request VAR#99-30, the Council recognizes that 7.99' is the required sideyard setback for the existing building on proposed Parcel 2; and WHEREAS,the City has received the required Certificate of Survey from the owners. NOW, THEREFORE,BE IT RESOLVED,that the City Council of-the City of Fridley directs the petitioner to record this Lot Split at Anoka County within six (6)months or said approval shall become null and void. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 13TH DAY OF DECEMBER 1999. K�KCY,J J,0k9tJON- MAYOR ATTEST: DEBRA A. SKOGEN- TY CLERK ABSTRACT Receipt# f � 19 �� 1:1 Certified Copy Date Mailed Date/Time:�� / -� ❑ Tax Liens/Releases 1488888 . 0 ABSTRACT Doc.Order of DOCUMENT NO. Multi-Co Doc Tax Pd ./by: Pins: Sb ANOKA COUNTY MINNESOTA Recordability/Delgs: 3)3 ❑ Transfer ❑ New Desc. I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS FILED IN THIS OFFICE FOR RECORD ON MAR 06 2000 Filing Fees: 5zd ❑ Division ❑ GAC AT 5 : 00 PM AND WAS DULY RECORDED. Well Certificate 1:1 Status ❑ Def.Spec FEES AND TAXES IN THE AMOUNT OF $19 . 50 PAID. Received this Date: RECEIPT NO. 2000018199 Anoka County Recorder ❑ Other o Change EDWARD M.TRESKA Notes: ANOKA COUNTY PROPERTY TAX ADMINISTRATOR/RECORDER/REGISTRAR OF TITLES KHJ DEPUTY PROPERTY TAX ADMINISTRATOR/RECORDER/REGISTRAR OF TITLES O1 45 STATE OF MINNESOTA ) CITY COUNCIL PROCEEDINGS SUBDIVISION (PLAT OR LOT SPLIT) COUNTY OF ANOKA ) CITY OF FRIDLEY ) In the Matter of: A Lot Split, L.S. #99-04 Owner: Gary A. Wellner The above entitled matter came before the City Council of the City of Fridley and was heard on the 13th day of December, 1999, on a petition for a subdivision pursuant to the City of Fridley's Zoning Ordinance, for the following described property: To create two duplexes (two family) parcels, legally described as Lots 25, 26, 27, and 28, Block 16, Hamiltons Addition to Mechanicsville, according to the plat thereof on record at Anoka County, Minnesota, generally located at 5361 6th Street. IT IS ORDERED that a subdivision be granted as upon the following conditions or reasons: Approval with no stipulations. See City Council meeting Minutes of December 13, 1999. 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 day of 12000 DRAFTED BY: City of Fridley 6431 University Avenue N.E. `\,�'. •"'• ^, Fridley, MN 55432 Debra A. kogen, City Cler t`°•,;•., THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF DECEMBER 13. 1999 The Regular Meeting of the Fridley City Council was called to order y Mayor Jorgenson at 7:30 p.m. PLEDGE OF .ALLEGIANCE: Mayor Jorgenson led the Council and audience in the Pledge f Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Jorgenson, Coun lmember Barnette, Councilmember Billings, and Councilmember Bolkc MEMBERS ABSENT: Councilmember Wo e STATEMENT OF MEETING CONDUCT: Please be reminded that those present at t ay's meeting may hold a variety of views and opinions regarding the business to be conducted. The exercise of democracy through representative local government requires that ALL pointso view be accommodated at these proceedings. It is further expected that a standard of mutual court rt and respectfulness be exercised by all in attendance, through our individual expression, manner of peaking, and conduct. Therefore, please receive the views of other with the same degree of cou esy and respect which you desire to be given your views and opinions. Any departures from t is standard will be addressed by the Presiding Officer through whatever means are deemed appr nate. Thank you for your attendance at today's meeting, and your agreement to abide by these stan rds of personal conduct. APPROVAL OF MINUTES: MOTION by Councilmemb r Billings to approve the City Council meeting minutes of November 22, 1999. Seconded by Counc' member Bolkcom. UPON A VOICE VO E, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED NANIMOUSLY. APPROVAL OF P POSED CONSENT AGENDA: NEW BUSINESS 1. RECEI`, THE PLANNING COMMISSION MINUTES OF NOVEMBER 17, 1999: RECE ED THE PLANNING COMMISSION MINUTES OF NOVEMBER 17, 1999. Ii FRIDLEY CITY COUNCIL MEETING MINUTES OF DECEMBER 13 1999 PAGE 2 2. RECEIVE THE PLANNING COMMIS ON MINUTES OF DECEMBER 1 1999: RECEIVED THE PLANNING CO: . IISSION MINUTES OF DECEivIBER 1, 1999. 3. RESOLUTION NO 94-1999 APPROVING A SUBDIVISION LOT SPLIT LS #99-04 TO CREATE TWO DUPLEX (TWO FAMILY) PARCELS. GENERALLY LOCATED AT 5361 SIXTH STREET N.E. ( `'ARD 1) (BY GARY WELLNER): Mr. Burns, City Manager, stated that the petitioner, Gary Wellner, was seeking a lot split for a property that contains two existing duplexes. The Planning Commission unanimously approved his request at their November 17 meeting. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 94-1999. 4. VARIANCE REQUEST, VAR #99-30 BY GARY WELLNER TO REDUCE THE SIDE YARD SETBACK FROM 1 FEET TO 7.99 FEET TO CORRECT AN EXISTING NONCONFORN11TY GENEkALLY LOCATED AT 5361 SIXTH STREET N.E. (WARD 1): Mr. Burns, City Manager, stated th\ea at the time of construction of one of the two of Mr. Wellner's duplexes, the duplex wted a distance of 7.99 feet from the side lot line rather than the required 10 feet. Cosked to forgive the error by granting a variance for the 7.99 foot side yard. The Appission unanimously approved this request at their November 10 meeting. Staff recomuncil's approval. APPROVED VARIANCE REQU99-30. 5. RESOLUTION NO. 95-1999 APA UBDIVISION LOT SPLIT LS #99-05 TO ESTABLISH NEW PROPERTY LINES MR TWO RESIDENTIAL PARCELS GENERALLY LOCATED AT 5928 WOODY LANE N.E. WARD 2): Mr. Bums, City Manager, stated that this was co sideration of a resolution approving a subdivision lot split for property located at 5928 W dy Lane. The petitioners, David and Sharon Landes, have reached an agreement with their n ighbors to purchase 550 square feet of their property. The acquisition would allow Mr. and rs. Landes to properly slope a new retaining wall on their property in a manner less conduci e to washouts. They asked for a lot split for the purpose of adding the 550 square feet to their operty. The Planning Commission gave their unanimous approval to this request at their Decem er 1 meeting. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 95-1999. 6. APPROVE DEVELOPMENT AGREEMENT BETWEEN TH CITY OF FRIDLEY AND STEPHEN P. VARICHAK DOLORES i1I. VARICHAK JAT-VIEN SURDYK AND LYNNE E. SURDYK (WARD 2): Mr. Burns, City Manager, stated that the development agreement embo 'es the 254 stipulations that were attached to the Varichak plat that was approved by Counc' on August 9. The agreement has since been modified to include Stipulation No. 24 re arding storm water 1 RESOLUTION NO. 94-1999 A RESOLUTION APPROVING A SUBDIVISION,LOT SPLIT,LS #99-04, TO CREATE TWO DUPLEX(TWO FAMILY)PARCELS, GENERALLY LOCATED AT 5361 6th STREET WHEREAS, the Planning Commission held a public hearing on the Lot Split, LS #99-04, on November 17, 1999, and recommended approval; and WHEREAS, the City Council at the December 13, 1999,meeting approved the Lot Split request; and WHEREAS, such approval was to create two residential duplex(two family) lots,based on new legal descriptions which read as follows: Proposed New Parcel 1: Lots 27 and 28 and the west half of the adjoining vacated alley,Block 16,Hamilton's Addition to Mechanicsville, according to the plat thereof on record at Anoka County,Minnesota. Proposed New Parcel 2: Lots 25 and 26 and the west half of the adjoining vacated alley,Block 16,Hamilton's Addition to Mechanicsville, according to the plat thereof on record at Anoka County,Minnesota.. WHEREAS,by Council approving this lot split and variance request VAR#99-30,the Council recognizes that 7.99' is the required sideyard setback for the existing building on proposed Parcel 2; and WHEREAS,the City has received the required Certificate of Survey from the owners. NOW THEREFORE BE IT RESOLVED,that the Ci. Council of the Ci of Fridley -y City directs the petitioner to record this Lot Split at Anoka County within six(6)months or said approval shall become null and void. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 13TH DAY OF DECEMBER 1999. 1 ),0", Lina A CY ON-MAYOR ATTEST: DE RA A. SKOGEN- TY CLERK 1 ABSTRACT j Receipt#. / J ❑ Certified Copy . Date/Time: Date Mailed 3 6 / t!1' Doc.Order of ❑ Tax Liens/Releases DOCUMENT NO. 1488889 . 0 ABSTRACT �� 3 ✓by: Pins: ElMulti-CoDoc Tax Pd ANOKA COUNTY MINNESOTA I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS FILED IN THIS OFFICE Recordability/Delgs: Jb ❑ Transfer ❑ New Desc. FOR RECORD ON MAR 06 2000 Filing Fees: ❑ Division ❑ GAC AT 5 : 00 PM AN WA DULY RECORDED. Well Certificate Status Def.Spec FEES AND TAXES IN THE AMOUNT OF 1' . 50 PAID. ❑ ❑ Received this Date: 2000018201 Anoka County Recorder ❑ Other .,ff'No Change RECEIPT NO. EDWARD M.TRESKA Notes: ANOKACOUNTY PROPE�J ADMINISTRATOR/RECORDER/REGISTRAR OF TITLES BY b", DEPUTY PROPERTY TAX ADMINISTRATOR/RECORDER/REGISTRAR OF TITLES Ib t � �� ,., nes s- STATE OF MINNESOTA ) CITY COUNCIL PROCEEDINGS SUBDIVISION (PLAT OR LOT SPLIT) COUNTY OF ANOKA ) CITY OF FRIDLEY ) In the Matter of: A Lot Split, L.S. #99-04 Owner: Gary A. Wellner The above entitled matter came before the City Council of the City of Fridley and was heard on the 13th day of December, 1999, on a petition for a subdivision pursuant to the City of Fridley's Zoning Ordinance, for the following described property: To create two duplexes (two family) parcels, legally described as Lots 27 and 28 and the west half of the adjoining vacated alley, Block 16, Hamilton's Addition to Mechanicsville, according to the plat thereof on record at Anoka County, Minnesota, generally located at 5361 6th Street. IT IS ORDERED that a subdivision be granted as upon the following conditions or reasons: Approval with no stipulations. See City Council meeting Minutes of December 13, 1999. 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 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 P-3rd day of P" k 2000 DRAFTED BY: City of Fridley 6431 University Avenue N.E. - Fridley, MN 55432 Debra A. Skogen, City Clerrlu k �v r r ai ( --AL) O �j c l THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF DECEMBER 13. 1999 The Re,ular %Ieeting of the Fridley City Council was called to order y Mayor Jorgenson at 7:30 p.m. PLEDGE OF ALLEGIANCE: Mayor Jorgenson led the Council and audience in the Pledge f Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Jorgenson, Coun lmember Barnette, Councilmember Billings, and Councilmember Bolkc MEMBERS ABSENT: Councilmember Wo e STATEMENT OF MEETING CONDUCT: Please be reminded that those present at t ay's meeting may hold a variety of views and opinions regarding the business to be conducted. The exercise of democracy through representative local government requires that ALL points o view be accommodated at these proceedings. It is further expected that a standard of mutual court y and respectfulness be exercised by all in attendance, through our individual expression, manner of peaking, and conduct. Therefore, please receive the views of other with the same degree of cou esy and respect which you desire to be given your views and opinions. Any departures from t is standard will be addressed by the Presiding Officer through whatever means are deemed appr nate. Thank you for your attendance at today's meeting, and your agreement to abide by these stars rds of personal conduct. APPROVAL OF MINUTES: MOTION by Councilmemb r Billings to approve the City Council meeting minutes of November 22, 1999. Seconded by Counc' member Bolkcom. UPON A VOICE VO E, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED NANIMOUSLY. APPROVAL OF P POSED CONSENT AGENDA: NEW BUSINESS 1. RECEI`' THE PLANNING COMMISSION MINUTES OF NOVEMBER 17, 1999: RECE ED THE PLANNING COMMISSION MINUTES OF NOVEMBER 17, 1999. FRIDLEN" CITY COUNCIL MEETING MINUTES OF DECEMBER 13, 1999 PAGE 2 2. RECEIVE THE PLANNING CONINIISXfON MINUTES OF DECEMBER 1 1999: RECEIVED THE PLANNING CO. . IISSION NIINUTES OF DECEMBER 1, 1999. 3. RESOLUTION NO. 94-1999 APPROVING A SUBDIVISION, LOT SPLIT, LS 4"99-04, TO CREATE TWO DUPLEX (TWO FAMILY) PARCELS. GENERALLY LOCATED AT 5361 SIXTH STREET N.E. (WARD 1) (BY GARY WELLNER): %fr. Burns, City Manager, stated that the petitioner, Gary Wellner, was seeking a lot split for a property that contains two existing duplexes. The Planning Commission unanimously approved his request at their November 17 meeting. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 94-1999. 4. VARIANCE REQUEST, VAR #99-30 BY GARY WELLNER TO REDUCE THE SIDE YARD SETBACK FROM 1 FEET TO 7.99 FEET TO CORRECT AN EXISTING NONCONFOR:ti1ITY GENE ALLY LOCATED AT 5361 SIXTH STREET N.E. WARD 1): ivtr. Burns, City iVlanager, stated that i 1960, at the time of construction of one of the two of Mr. Wellner's duplexes, the duplex was co structed a distance of 7.99 feet from the side lot line rather than the required 10 feet. Council as asked to forgive the error by granting a variance for the 7.99 foot side yard. The Appeals Co mission unanimously approved this request at their November 10 meeting. Staff recommended ouncil's approval. APPROVED VARIANCE REQUEST, VAR 99-30. 5. RESOLUTION NO. 95-1999 APPROVING A UBDIVISION. LOT SPLIT LS #99-05, TO ESTABLISH NEW PROPERTY LINES MR TWO RESIDENTIAL PARCELS GENERALLY LOCATED AT 5928 WOODY L NE N.E. WARD 2): Mr. Burns, City Manager, stated that this was co sideration of a resolution approving a subdivision lot split for property located at 5928 W dy Lane. The petitioners, David and Sharon Landes, have reached an agreement with their n ighbors to purchase -550 square feet of their property. The acquisition would allow Mr. and s. Landes to properly slope a new retaining wall on their property in a manner less conduci e to washouts. They asked for a lot split for the purpose of adding the 550 square feet to their operty. The Planning Commission gave their unanimous approval to this request at their Decem er 1 meeting. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 95-1999. 6. APPROVE DEVELOPMENT AGREEMENT BETWEEN TH CITY OF FRIDLEY AND STEPHEN P. VARICHAK DOLORES M. VARICHAK JAIME SURDYK AND LYNNE E. SURDYK (WARD 2): Mr. Burns, City Manager, stated that the development agreement embo 'es the 254 stipulations that were attached to the Varichak plat that was approved by Counc' on August 9. The agreement has since been modified to include Stipulation No. 24 re arding storm water RESOLUTION NO. 94-1999 A RESOLUTION APPROVING A SUBDIVISION, LOT SPLIT, LS #99-04, TO CREATE TWO DUPLEX (TWO FAMILY) PARCELS, GENERALLY LOCATED AT 5361 6th STREET WHEREAS, the Planning Commission held a public hearing on the Lot Split, LS #99-04, on November 17, 1999, and recommended approval; and WHEREAS, the City Council at the December 13, 1999,meeting approved the Lot Split request; and WHEREAS, such approval was to create two residential duplex (two family) lots,based on new legal descriptions which read as follows: Proposed New Parcel 1: Lots 27 and 28 and the west half of the adjoining vacated alley,Block 16,Hamilton's Addition to Mechanicsville, according to the plat thereof on record at Anoka County,Minnesota. Proposed New Parcel 2: Lots 25 and 26 and the west half of the adjoining vacated alley, Block 16, Hamilton's Addition to Mechanicsville, according to the plat thereof on record at Anoka County,Minnesota.. WHEREAS,by Council approving this lot split and variance request VAR#99-30,the Council recognizes that 7.99' is the required sideyard setback for the existing building on proposed Parcel 2; and WHEREAS,the City has received the required Certificate of Survey from the owners. NOW, THEREFORE,BE IT RESOLVED, that the City Council of the City of Fridley directs the petitioner to record this Lot Split at Anoka County within six (6)months or said approval shall become null and void. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 13TH DAY OF DECEMBER. 1999. KAACY6 J ON-MAYOR ATTEST: DEBRA A. SKOGEN- TY CLERK ABSTRACT Receipt# 1(�u`l >'9 3-2) ❑ Certified Copy 11"'Jo Date Mailed Date/Time: / 3 ❑ Tax Liens/Releases DOCUMENT NO. 1488890 . 0 ABSTRACT Doc.Order 3 of ./by: Pins: ElMulti-Co Doc Tax Pd ANOKA COUNTY MINNESOTA Recordability/Delgs: �� ❑ Transfer ❑ New Desc. I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS FILED IN THIS OFFICE FOR RECORD ON MAR. 06 2000 El Division ❑ GAC 5 : 00 PM Filing Fees: AT ANDA DU YR ECORDED. Well Certificate El Status El Def.Spec FEES AND TAXES IN THE AMOUNT OF $ ' 5 U PAID. Received this Date: 2000018204 Anoka County Recorder ❑ Other ,E�No Change RECEIPT NO. EDWARD M.TRESKA Notes: ANOKA COUNTY PROPE ffly ADMINISTRATOR/RECORDER/REGISTRAR OF TITLES BY KHJ A�os � DEPUTY PROPERTY TAX ADMINISTRATOR/RECORDER/REGISTRAR OF TITLES