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LS99-05 CITY OF FRIDLEY 6431 UNIVERSITY AVENUE FRIDLEY, MN 55432 (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT SUBDIVISION APP LI ATION FOR: Plat Lot Split PROPERTY INFORMATION: - s'te p n required for subm' tal, see attached Address: Zf Com' aw— Property Identification Number. Legal Description: Lot Block Tract/Addition Current Zoning: - r- Square footage/acreage: Reason for Subdivision: -zt r c a_" �'h Have you operated a business in a city which required a business license? Yes No If Yes, which city? If Yes, what type of business? Was that license ever denied or revoked? Yes No ------------ �r�V tir�r�r.�r/�./V.V.V.V�r�rl.tir Ar�r.�rti�.�r Ar.Vti�r.r�.Ar�r Ar^r'V�rti.r�r�r �r//Nti-------- FEE OWNER INFORMATION (as it appears on the property title) i`/���'� (Contract purchasers: Fee owners mustign this form prior to processing) NAME: 'Dc_0 o -J Shhrr� L��e D- ADDRESS: 0-b' DAYTIME PHONE: e/z SIGNATURE AT -« I FORM ION C NAME: JLrA ADDRESS: / a DAYTIME PHONE: SIGNATURE/DATE: FEES Plat: $500.00 for 20 Lots, $15.00 for each ddi 'onal lot Total Fee: Lot Split: $250.00 Receipt#: IJV Received By: Application Number: L_ 2(/_461 D�� , Scheduled Planning Commission Date:, Scheduled City Council Date: e-c• 10 Day Application Complete Notification Date: NCV. 9 60 Day Date: P.T' City of F Land C Application Process 60 Day Agency Action Law Application Date Planning Commission Meeting C :] ity Council Decision 60 Day Window Starts Recommendation to Council Approval or Denial 21-40 Days: 50-60 Days p�provednTakenLetterActio i Application Complete 10 Day Notice Tabled, 60 More Days Submit Complete Public Hearings: 11 Application and Variance ; Denied Materials Vacations Lot Splits Public Hearings: Plats Rezonings Rezonings Zoning Amendments Zoning Amendments Wetland Replacements Comprehensive Plan Special Use Permits 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/DATE 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 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 lines, existing and proposed legal 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 '/2" x 11" reduction. 1 v j -- Lt pit ex s r�rr _ a u��sh Cai OU r71-4 - iVe!1 c lei' *I-Ilei'' rd� 3 Le i SUBDIVISION PROCESS Section 211 t»< ose: A subdivision is the process to legally create a new parcel of land urp �`` `' " `{ for development purposes. Subdivisions occur in one of two .K �.:..:::.,�H P 2. ways: the lot split and the plat. „rte :`v:��.�k; .,,•.�:.i Lot Splits: An existing parcel of land may be subdivided into two or more parcels by this method when each Parcel is a simple-fractional part of the existing parcel. For example, "the east 1/2 of Lot 25, Block Q, Taurus Addition", or the 'west 50 feet of Lot x'. Plats: Plats are required to subdivide parcels of land which require complex descriptions using angles. bearings, dimensions, ect. These types of descriptions are commonly known as "metes and bounds". A Plat will create simple "lot and block" descriptions. The Lot Split process begins by filling out a LOT SPLIT APPLICATION. This, with a Certificate of Survey, and other appropriate drawings, must be submitted to the Planning staff. Certificates of Survey must be prepared by a Registered Land Surveyor. The legal descriptions of the existing and proposed parcels must also be included. A$250 fee is associated with the application. Fees are non-refundable and are used for postage, publication of notices, and other expenses associated with the request. Once the application is received, the application is reviewed by staff from the Planning, Engineering, Assessing, Fire, and Police Departments. The impacts to adjacent properties are discussed, and stipulations are developed for recommendation to the City Council. Simultaneously, a mailing list of all properties within a 350 foot radius of the property is generated. Notices of the request are sent to these property owners. There is approximately four weeks between the application due date and the Planning Commission meeting. Prior to the meeting of the Planning Commission, a staff report is written, and the petitioner called regarding the staff recommendation. The Planning Commission is made up of seven residents of the community. The meetings are held the first and third Wednesdays of the month at 7:30 pm in the Council Chambers in the Municipal Center. The Planning Commission is an advisory commission to the City Council. It is the responsibility of the Planning Commission to conduct a public hearing, gather testimony and make a recommendation to the City Council regarding all lot split requests. The City Council, if approving the lot split, will pass a resolution which will then be certified and recorded at Anoka County. Prior to recording the deed transferring property, the City must stamp the deed approving it for transfer. The Plat process begins by filling out a PLAT APPLICATION. This, with a Preliminary Plat and other appropriate drawings, must be submitted to the Planning staff. Preliminary Plats must be prepared by a Registered Land Surveyor. The legal descriptions of the existing and proposed parcels must also be included. A$500 fee (up to 20 lots) is required with the application. Fees are non- refundable and are used for postage, publication of notices, and other expenses associated with the request. Once the application is received, the application is reviewed by staff from the Planning, Engineering, Assessing, Fire, and Police Departments. The impacts to adjacent properties are 27 EXISTING DESCRIPTION: Lot 6,Block 1,MELOLAND LAKEVIEW,Anoka County,Minnesota COMBINING DESCRIPTION: Lot 6,Block 1,MELOLAND LAKEVIEW,Anoka County,Minnesota. Toge(her with: That part of Lot 9,MELOLAND GARDENS,lying westerly of a line parallel with the east line of said Lot 9 and distant 293.8 feet westerly from the east line of said Lot 9,as measured along the south line thereof and lying northerly of the following described line: Beginning at a point on the southeasterly line of Lot 6, Block 1,MELOLAND LAKEVIEW,Anoka County,Minnesota,distant 28.00 feet southwesterly from the most easterly corner of said Lot 6:thence southeasterly to the southwest corner of Lot 4,Bloc LAKE HILLS 2N0 ADDITION,Anoka County,Minnesota. k I,fro I c EXISTING DESCRIPTION: That part of Lo(9,MELOLAND GARDENS,Anoka Comity,Minnesota,lying westerly of a line parallel With die east line of said Lot 9 and distant 293.8 feet westerly from the east line of said Lot 9 as measured along lite south line thereof. REMAINDER DESCRIPTION: That par(of Lot 9,MELOLAND GARDENS,Anoka County,Minnesota,lying westerly of a line parallel with the east line of said Lot 9 and distant 293.8 feet westerly from tine east line of said Lot 9 as measured along the south line and lying southerly of the following described line: Beginning at a point on the southeasterly line of Lot 6,Block 1,MELOLAND LAKEVIEW,Anoka County,Minnesota,distant 28.00 feet southwesterly from(he most easterly corner of said Lo(6:thence southeasterly to the southwest corner of Lot 4,Block I,MOORE LAKE HILLS 2ND ADDITION,Anoka County,Minnesota. •F y' :f'Y CERTIFICATE OF SURVEY KLRTHIRVEW NC (MEASUREMENTS SHOWN IN FEET AND DECIMALS OF A FOOTI 4002 JEFFERSC4 ST.N.E. FORDCOLLMM F9CiTS.Wt 55421 om-"e t�-�o c s (612)788-9769 FAX(612)788-7602 I HEREBY CERTIFY THAT THIS SURVEY. PLAN OR REPORT 0 30 DATE LOG%•39,1`1`19 WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION Io IRON MONUMENT(Fd) AND THAT I AM A DULY LI ENSED LAW SURVEYOR UNDER THE LAWS OF THE STAT 0 NNESOTA. SCALE 1 N FEE1' 0._ 1 RQ VA Mot•Numwr C SST) Randy L. Kurt L.S. No. 202 Russell J. Kurth, L.L.S. No. 16113 t�l6CC : ).t0 l.ocA'`�o►.lS M.AOt= OTHC2T�{iaT.1.'T�-�.oSG SHpv11.S. nR�`»AC-,C �o O CO I � a - / MOST CASTERS LIaICT01•4'3Z'� Cvvrwjz F / �\ 1 01do ---- � O N ro 1 -Ir 71 i V \J G 11 O.O h„L p`°P %Y 41 I 1`q 40 Joy i.• � � V S rj U j S. DoT d CLI 16 OP 38 AG CIW OF FRiDLLY FRIDLEY MUNICIPAL CENTER• 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 • (612)571-3450• FAX(612)571-1287 November 8, 1999 David & Sharron Landes 5829 Woody Lane Fridley, MN 55432 Edward Miller 1207 Gardena Fridley, MN 55432 Dear Property Owners: Per Minnesota Statute 15.99, local government units are required to notify land use applicants within 10 days if their land use applications are complete. We received an application for a lot split on October 29, 1999. This letter serves to inform you that your application is complete. Your lot split request hearing and discussion will take place at the City of Fridley Planning Commission Meeting on December 1, 1999 at 7:30 P.M. in the City Council Chambers at 6431 University Avenue. Final action on your request will be taken by the City of Fridley City Council at 7:30 P.M. on December 13, 1999. If you have any questions regarding this letter or the process, please feel free to contact me at 572-3593. Sincerely, �1 Paul Bolin Planner PB C-99-201 City of Fridley PUBLIC HEARING BEFORE THE PLANNING COMMISSION Notice is hereby given that there will bE a public hearing of the Fridley Planninc Commission at the Fridley Municipa Center, 6431 University Avenue N.E. or Wednesday, December 1, 1999, at 7:3C p.m.for the purpose of: Consideration of a Lot Split LS #99-05, by David & Sharron Landes and Edward Miller,To split off a portion of the property to gain access to an existing driveway, legally described as Lot 6, Block 1, Meloland Lakeview, generally located at 5928 Woody Lane. 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. Dearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxil- iary aids should contact Roberta Collins at 612-572-3500 no later than November 24, 1999. DIANE SAVAGE CHAIR PLANNING COMMISSION (November 18, 25, 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, December 1, 1999, at 7 :30 p.m. for the purpose of: Consideration of a Lot Split LS #99-05, by David & Sharron Landes and Edward Miller, To split off a portion of the property to gain access to an existing driveway, legally described as Lot 6, Block 1, Meloland Lakeview, generally located at 5928 Woody Lane. 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 24, 1999. DIANE SAVAGE CHAIR PLANNING COMMISSION Publish: November 18, 1999 November 25, 1999 CITY OF FRIDLEY PUBLIC HEARING NOTICE BEFORE THE PLANNING COMMISSION TO: All property owners/residents within 350 feet of property generally located at 5928 Woody Lane. CASE NUMBER: LS #99-05 APPLICANT. David & Sharron Landes and Edward Miller Petitioner or representative must attend the Planning Commission meeting. PURPOSE: To split off a portion of the property to gain access to an existing driveway. LOCATION OF 5928 Woody Lane PROPERTY AND LEGAL Lot 6, Block 1, Meloland Lakeview DESCRIPTION: DATE AND TIME OF Planning Commission Meeting: HEARING: Wednesday, December 1, 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 24, 1999. ANY QUESTIONS: Contact Scott Hickok, Planning Coordinator at 612-572-3599 or Paul Bolin, Planning Assistant at 612-572-3593. Publish: November 18, 1999 November 25, 1999 City Of Community Development Department Fridley Land Use Permit Notification WA '■ '111 1111111 11■■ X11■11 111111!' ■■11111 =i■ =�" ' W"WON OM111111 • •+� �+ �� .1111 ��� ■��� ��� •, � :. =�■ IIIIIIIIIIIIIIIIIC � � �". �' � ■■■ ■■■■111■ ■1111111■- � � ,_ ,. ��. � n ����� ■�:��■:.����` �� = 11111111 ■�®��:'��� :i �� �� ♦ trim - One Farrily Lkft %I-Ugft I rdu&W M R - ® ' - _ : .~ • = _ . = --Public Facilhies Fri GS A r -• - tDi • Application, 99-0 Woody L M C-RI-Gawral Mice &q3ong = 1. • .•Sharron Landes PETERSEN MARY A MCLAUGHLIN JOAN I H HAGEL MICHAEL A 1049 GARDENA AVE NE 1050 GARDENA AVE NE 1060 GARDENA AVE NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 SWENSON KATHLEEN WHITEHALL JEANNE M CHAU VEY CHHIANG & FINN 1070 GARDENA AVE NE 1080 GARDENA AVE NE 1085 GARDENA AVE NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 A r'YlP+ffCit! C.0✓Yl.✓�"' � SIGIG GUNVILLE ROBERT M & MEIXIAN W 1090 GARDENA AVE NE 1100 GARDENA AVE NE 1110 GARDENA AVE NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 NIELSEN DIANE E MILLER EDWARD A SOLOMON JOSEPH A& NICOLE E 1120 GARDENA AVE NE 1207 GARDENA AVE NE 1211 GARDENA AVE NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 f-igBERG ROBERT L & MARSHA L OULNuMu r-ren �S`�C-M ,__ SROKA BARBARA J 1221 GARDENA AVE NE 1227 GARDENA AVE NE 1243 GARDENA AVE NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 PETERSON LINDA J &SCOTT PATTY CURRENT RESIDENT BURKE STEVEN L & PAMELA N 1247 GARDENA AVE NE 5887 CENTRAL AVE NE 5890 HACKMANN AVE NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 HESS WILLIAM H & NANCY M BEIERMAN BRUCE J & ILA R TONY GEORGE H & REGINA M 5895 CENTRAL AVE NE 5895 TENNISON DR NE 5898 HACKMANN AVE NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 HOLLES GERALD & SANDRA MCGLONE CAROLYN J PRAHL RODNEY D & NESS CYNTHIA 5906 HACKMANN AVE NE 5914 HACKMANN AVE NE 5922 HACKMANN AVE NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 LANDERS DAVID & SHARRON J CHRISTIE ROBERT A&JOYCE E CARLSON NATHAN B 5928 WOODY LN NE 5930 HACKMANN AVE NE 5946 HACKMANN AVE NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 CURRENT RESIDENT HUYNH C T& QUACH L & HUYNH T JOHNSON MARK R 5947 CENTRAL AVE NE 5948 WOODY LN NE 5950 CHASEWOOD PKY#102 FRIDLEY, MN 55432 FRIDLEY, MN 55432 MINNETONKA, MN 55343 NELSON DONALD A MAGNUSON JAMES J &TERESE A LEE LESLIE W & LOUELLA F 5971 CENTRAL AVE NE 5988 WOODY LN NE 6001 CENTRAL AVE NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 BISSONETTE BERNARD J & M J LYTWYN GREGORY& OLGA HUNTER JAMES B &JOAN 6001 WOODY LN NE 6010 GARDENA LN NE 6014 WOODY LN NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 JOSEPH DAVID F JR& DARLA R ALLANSON RICHARD W& MARY D MORITKO STANLEY L 6015 WOODY LN NE 6020 WOODY LN NE 6021 CENTRAL AVE NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 LINDBLAD WAYNE H & MARCIA F JeHfISVIVURMS W LINDEMAN WALTER J &SHARON 6021 WOODY LN NE 6030 GARDENA LN NE 6040 WOODY LN NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 G,Qrrver&p_ s aed-- NEEB TIMOTHY& DEBRA WOJCIEHOWSKI DONNA M & RAND M DGbr a—BENN4" 6041 WOODY LN NE 6053 CENTRAL AVE NE 6054 WOODY LN NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY CITY OF JOHNSON & LUTGEN INC HANSEN ARDYTHE 6431 UNIVERSITY AVE NE 8111 60TH AVE N BOX 125 FRIDLEY, MN 55432 NEW HOPE, MN 55428 DOYLE, CA 96109 CURRENT RESIDENT CURRENT RESIDENT Bad Address 1 Bad Address 2 FRIDLEY, MN 0 FRIDLEY, MN 0 City of Fridley Land Use Application LS-99-05 December 1, 1999 GENERAL INFORMATION SPECIAL INFORMATION Applicants: Transportation: David&Sharron Landes Edward Miller Landes home is accessed via Woody Ln. 5928 Woody Lane 1207 Gardena Physical Characteristics: Fridley,MN 55432 Fridley,MN 55432 Requested Action: Lot is covered by grass,trees,&home. Lot split SUMMARY OF PROJECT Purpose: Mr. &Mrs. Landes are seeking to purchase a For the Landes's to acquire a portion of portion of the lot owned by Mr.Miller,in order to Mr.Millers property to construct a retaining properly reconstruct a retaining wall. There is a all drop in elevation between the two lots which wall.all. requires the petitioner to use a retaining wall along Existing Zoning: the edge of their driveway. The lot split would Residential- 1 allow the petitioner to terrace the retaining wall. Location: SUMMARY OF ANALYSIS 5928 Woody Lane City Staff recommends approval of this lot split Size: request. 14,375 sq.ft. .33 acres Existing Land Use: Single Family Home Surrounding Land Use&Zoning: N:Single Family&R-1 E:Single Family&R-1 S: Single Family&R-1 W:Single Family&R-1 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Both properties meet City Zoning Code requirements. Zoning History: Lot platted in 1963. (Property to be acquired by petitioners) Home built in 1974. Staff Report Prepared by: Paul Bolin Addition built in 1978. Legal Description of Property: Lot 6, Block 1, Meloland Lakeview Council Action: December 13, 1999 Public Utilities: Homes are connected. 36 LS#99-05 Analysis David &Sharron Landes, petitioners, have reached an agreement with a neighboring property owner to purchase a portion of property abutting their property. As a result the petitioner is seeking a lot split from the Planning Commission in order to use the additional 550± square feet of property to properly reconstruct a retaining wall for their property located at 5928 Woody Lane. If the lot split is granted, both lots will still meet City zoning codes for lot sizes and setbacks. The lot split is being requested so that the petitioner can reconstruct a retaining wall along the edge of their driveway. The additional land area will allow the petitioners to terrace the retaining walls, to avoid wash outs. ,.8 (Photos:Left,Petitioners home,existing retaining wall,&property to be acquired;Right,property to be acquired.) Staff Recommendation City Staff recommends approval of this lot split request. Both lots will meet all code requirements after lot split and future erosion of the hillside will be prevented. 37 r r CITY OF FRIDLEY PLANNING COMMISSION MEETING, DECEMBER 1, 1999 CALL TO ORDER: Chairperson Savage called the December 1, 1999, Plan ng Commission meeting to order at 7:32 p.m. ROLL CALL: Members Present: Diane Savage, Dave Kon rick, Brad Sielaff, Leroy Oquist, Dean Saba, Connie Mo ig Members Absent: Larry Kuechle Others Present: Paul Bolin, Planer David Landes,5928 Woody Lane APPROVAL OF THE NOVEMB R 17 1999 PLANNING COMMISSION MEETING MINUTES: MOTION by Mr. Kondrick, econded by Mr. Oquist, to approve the November 17, 1999, - Planning Commission m eting minutes as written. UPON A VOICE VOT , ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CA IED UNANIMOUSLY. 1. PUBLIC HEARING: CONSIDERATION OF A LOT SPLIT, L.S. #99-05, BY DAVID AND SHARON LANDES AND EDWARD MILLER, TO SPLIT OFF A PORTION OF THE PROPERTY TO GAIN ACCESS TO AN EXISTING DRIVEWAY, GENERALLY LOCATED AT 5928 WOODY LANE: MOTION by Mr. Kondrick, seconded by Ms. Modig, 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 7:35 P.M. Mr. Bolin stated that Dave and Sharon Landes and Edward Miller are the property owners involved with this application. Dave and Sharon Landes are the petitioners. They are seeking to purchase a portion of the lot owned by Mr. Miller. Mr. Bolin stated that the Landes are requesting to purchase this portion of the lot to properly reconstruct a retaining wall that runs along the edge of the driveway. This lot split would allow the petitioners to terrace their existing retaining wall. The property to be purchased would be about 550 square feet. The Landes' property is zoned R-1, as are all of the surrounding properties. The Landes' lot was platted in 1963. The home was built in 1974, and they built an addition in 1978. Both of the lots would still meet all PLANNING COMMISSION MEETING, DECEMBER 1, 1999 PAGE 2 of the code requirements for size and setbacks if the lot split were granted. The Landes' would be able to make a more gradual slope from the edge of the driveway, do some terracing, and improve erosion problems with adding this portion of property. Mr. Bolin stated that staff recommends approval of this request. Future erosion of the hillside would be prevented. If approved, this item would go to the City Council on December 13. One neighbor called asking for clarification. After hearing the explanation, the neighbor was in favor of this request. Ms. Modig asked Mr. Bolin if the 550 feet takes in the whole length of the house where the garage is. Mr. Bolin stated that it would approximately end at the front edge of the garage. Mr. Dave Landes, 5928 Woody Lane, stated the main reason for the fence is the July storm that happened a few years ago, the storm drains were unable to carry all of the water. The water washed out both sides of the driveway. Since then, there has been an additional storm drain put in there, which has solved most of the problem. They thought that if they could terrace the landscaping down, it would do a better job of finishing it off, without the big drop-off. Ms. Savage asked Mr. Landes if he heard any opposition from the neighbors. Mr. Landes stated that they have not heard any, and this does not really impact anybody. Ms. Savage asked Mr. Landes if his agreement was firm with Mr. Miller. Mr. Landes stated that it was. They had actually tried to purchase part of the lot awhile ago, and that may be why the neighbor called for clarification. They wanted the division more in line with the lot line. Mr. Oquist asked Mr. Landes about the utility pole in the property and how it would interfere with any landscaping plans. Mr. Landes stated that it would not. Ms. Modig asked if the retaining wall that goes back by the garage buckles or not. Mr. Landes stated that the wall is the original wall, and they will tear the whole thing out and start over with keystone or poured concrete. MOTION by Mr. Oquist, seconded by Mr. Saba, 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 7:46 P.M. MOTION by Mr. Sielaff, seconded by Ms. Modig, to approve the Lot Split, L.S. #99-05. s• PLANNING COMMISSION MEETING, DECEMBER 1, 1999 PAGE 3 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Chairperson Savage stated that this would go to the City Council on December 13, 1999. 2. RECEIVE THE}MINUTES OF THE NOVEMBER 10, 1999, APPEALS COMMISSION MEETING: MOTION by Mr. Oquist, s conded by Mr. Saba, to approve the minutes of the November 10, 1999, Appe s Commission meeting. UPON A VOICE VOTE, ALL OTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNA MOUSLY. OTHER BUSINESS: Mr. Bolin stated that at the December 15, 1999, Planning Commission meeting, Barbara Dacy and Mark Koegler, Hoisington-Koegler Group, consultant for the Comprehensive Land Use Plan, will hold the first official pyblic hearing for the Comprehensive Land Use Plan. They will have the Transportation a d the Parks and Open Space chapters for review at that time. MOTION by Mr. Kondrick, seconded by Mr. Oquist, to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED MOTION CARRIED AND MEETING OF THE PLANNING COMMISSION ADJOURNED AT 7:56 P.M. Respectfully submitted, Sig L. John :.-Z Recording Secretary AGENDA ITEM ri CITY COUNCIL MEETING OF DECEMBER 13, 1999 L_:7RIDLOEYF Date: 12/6/99 To: William Burns, City Manager. From: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Paul Bolin, Planner RE: Planning Commission action on LS#99-05 M-99-293 INTRODUCTION David & Sharron Landes, petitioners, have reached an agreement with a neighboring property owner to purchase a portion of property abutting their property. As a result the petitioner is seeking a lot split from the Planning Commission in order to use the additional 550+square feet of property to properly reconstruct a retaining wall for their property located at 5928 Woody Lane. If the lot split is granted, both lots will still meet City zoning codes for lot sizes and setbacks. The lot split is being requested so that the petitioner can reconstruct a retaining wall along the edge of their driveway. The additional land area will allow the petitioners to terrace the retaining walls, to avoid wash outs. PLANNING COMMISSION ACTION At the December 1, 1999 Planning Commission meeting, a public hearing was held for LS #99-05. A motion was made to approve Lot Split, LS #99-05, to allow the property located at 5928 Woody Lane and 1207 Gardena to be split, creating new property lines. 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 #99-05. 34 FRIDLEY CITY COUNCIL MEETING MINUTES OF DECEMBER 13 1999 PAGE 2 2. RECEIVE THE PLANNING COMMISSION MINUTES OF DEC BER 1 1999: RECEIVED THE PLANNING COMMISSION MINUTES O DECEMBER 1, 1999. 3. RESOLUTION NO. 94-1999 APPROVING A SUBDIVI ON LOT SPLIT LS #99-04 TO CREATE TWO DUPLEX TWO FAMILY PARC S GENERALLY LOCATED AT 5361 SIXTH STREET N.E. WARD 1 BY GARY ELLNER : Mr. Burns, City Manager, stated that the petitio r, Gary Wellner, was seeking a lot split for a property that contains two existing duplexes. e Planning Commission unanimously approved his request at their November 17 meeting. St f recommended Council's approval. ADOPTED RESOLUTION NO. 94-1 9. 4. VARIANCE REQUEST, VAR # -30 BY GARY WELLNER TO REDUCE THE SIDE YARD SETBACK FROM 10JFEET TO 7.99 FEET TO CORRECT AN EXISTING NONCONFORMITY GETNtRALLY LOCATED AT 5361 SIXTH STREET N.E. (WARD 1): Mr. Burns, City Manag , stated that in 1960, at the time of constriction of one of the two of Mr. Wellner's duplexes, e duplex was constructed a distance of 7.99 feet from the side lot line rather than the req * ed 10 feet. Council was asked to forgive the error by granting a variance for the 7.99 foot sid yard. The Appeals Commission unanimously approved this request at their November 10 eeting. Staff recommended Council's approval. APPROV VARIANCE REQUEST, VAR#99-30. 5. RESOLUTION NO. 95-1999 APPROVING A SUBDIVISION, LOT SPLIT, LS #99-05, TO ESTABLISH NEW PROPERTY LINES FOR TWO RESIDENTIAL PARCELS, GENERALLY LOCATED AT 5928 WOODY LANE N.E. (WARD 2): Mr. Burns, City Manager, stated that this was consideration of a resolution approving a subdivision lot split for property located at 5928 Woody Lane. The petitioners, David and Sharon Landes, have reached an agreement with their neighbors to purchase 550 square feet of their property. The acquisition would allow Mr. and Mrs. Landes to properly slope a new retaining wall on their property in a manner less conducive to washouts. They asked for a lot split for the purpose of adding the 550 square feet to their property. The Planning Commission gave their unanimous approval to this request at their December 1 meeting. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 95-1999. 6. APPROVE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF FRIDLEY AND STEPHEN P. VARICHAK DO ORES M. VARICHAK JAMES SURDYK AND LYNNE E. SURDYK (WARD 2): Mr. Burns, City Manager, stated that e development agreement embodies the 254 stipulations that were attached to the Varichak p t that was approved by Council on August 9. The agreement has since been modified to include Stipulation No. 24 regarding storm water E' THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUN L OF DECEMBER 13, 1999 The Regular Meeting of the Fridley City Council was called to order by Mayor Jorgens at 7:30 p.m. PLEDGE OF ALLEGIANCE: Mayor Jorgenson led the Council and audience in the Pledge of Allegiance to e Flag. ROLL CALL: MEMBERS PRESENT: Mayor Jorgenson, Councilmember B ette, Councilmember Billings, and Councilmember Bolkcom MEMBERS ABSENT: Councilmember Wolfe STATEMENT OF MEETING CONDUCT: Please be reminded that those present at today's eeting may hold a variety of views and opinions regarding the business to be conducted. The xercise of democracy through representative local government requires that ALL points of view e accommodated at these proceedings. It is further expected that a standard of mutual courtesy a respectfulness be exercised by all in attendance, through our individual expression, manner of spea ng, and conduct. Therefore, please receive the views of other with the same degree of courtesy nd respect which you desire to be given your views and opinions. Any departures from this andard will be addressed by the Presiding Officer through whatever means are deemed appropri e. Thank you for your attendance at today's meeting, and your agreement to abide by these standard of personal conduct. APPROVAL OF MINUTES: MOTION by Councilmembe illings to approve the City Council meeting minutes of November 22, 1999. Seconded by Council ember Bolkcom. UPON A VOICE VO E, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED NANIMOUSLY. APPROVAL OF P OPOSED CONSENT AGENDA: NEW BUSINE : 1. REC IVE THE PLANNING COMMISSION MINUTES OF NOVEMBER 17, 1999: CEIVED THE PLANNING COMMISSION MINUTES OF NOVEMBER 17, 1999. RESOLUTION NO.95-1999 A RESOLUTION APPROVING A SUBDMSION,LOT SPLIT,LS#99-05, TO ESTABLISH NEW PROPERTY LINES FOR TWO RESIDENTIAL PARCELS,GENERALLY LOCATED AT 5928 WOODY LANE WHEREAS,the Planning Commission held a public hearing on the Lot Split,LS#99-05,on December 1, 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 establish new property lines on two residential lots,based on new legal descriptions which read as follows: Proposed New Landes Parcel: Lot 6,Block 1,MELOLAND LAKEVIEW,Anoka County, Minnesota. Together with: That part of Lot 9 MELOLAND GARDENS lying westerly of a line parallel with the east line of said Lot 9 and distant 293.8 feet westerly from the east line of said Lot 9,as measured along the south line thereof and lying northerly of the following described line: Beginning at a point on the southeasterly line of Lot 6,Block 1,MELOLAND LAKEVIEW,Anoka County,Minnesota,distant 28.00 feet southwesterly from the most easterly corner of said Lot 6; thence southeasterly to the southwest corner of Lot 4,Block 1,MOORE LAKE HILLS 2nd ADDITION,Anoka County,Minnesota. Proposed New Miller Parcel: That part of Lot 9,MELOLAND GARDENS,Anoka County, Minnesota,lying westerly of a line parallel with the east line of said Lot 9 and distant 293.8 feet westerly from the east line of said Lot 9 as measured along the south line and lying southerly of the following described line: Beginning at a point on the southeasterly line of Lot 6,Block 1, MELOLAND LAKEVIEW,Anoka County,Minnesota, distant 28.00 feet southwesterly from the most easterly corner of said Lot 6; thence southeasterly to the southwest corner of Lot 4,Block 1, MOORE LAKE HILLS 2°d ADDITION, Anoka County,Minnesota. 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. N C E ON-MAYOR ATTEST: / DE RA A. SKO EN-CI CLERK CITY 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 December 15, 1999 David & Sharron Landes 5928 Woody Lane Fridley, MN 55432 Edward Miller 1207 Gardena Avenue Fridley, MN 55432 Dear Mr. & Mrs. Landes & Mr. Miller: On December 13, 1999, the Fridley City Council officially approved your request for a Lot Split LS #99-05, to use the additional 550+- square feet of property to properly reconstruct a retaining wall for the property legally described as Lot 6, Block 1, Meloland Lakeview, generally located at 5928 Woody Lane. If you have any questions regarding the above action, please call me at 612-572-3590. ncer , Barbara Dacy, AICP ,Community Development erector 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. Concur with action taken. C-99-216 1 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 re"by-k r�, 2000 DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 Debra . Skogen, City Clerkd IySEAL) C d 'i L a 100 RESOLUTION NO.95-1999 A RESOLUTION APPROVING A SUBDMSION,LOT SPLIT,LS#99-05, TO ESTABLISH NEW PROPERTY LINES FOR TWO RESIDENTIAL PARCELS,GENERALLY LOCATED AT 5928 WOODY LANE WHEREAS,the Planning Commission held a public hearing on the Lot Split,LS#99-05,on December 1, 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 establish new property lines on two residential lots,based on new legal descriptions which read as follows: Proposed New Landes Parcel: Lot 6,Block 1,MELOLAND LAKEVIEW,Anoka County, Minnesota. Together with: That part of Lot 9 MELOLAND GARDENS lying westerly of a line parallel with the east line of said Lot 9 and distant 293.8 feet westerly from the east line of said Lot 9,as measured along the south line thereof and lying northerly of the following described line: Beginning at a point on the southeasterly line of Lot 6,Block 1,MELOLAND LAKEVIEW,Anoka County,Minnesota,distant 28.00 feet southwesterly from the most easterly corner of said Lot 6; thence southeasterly to the southwest corner of Lot 4,Block 1,MOORE LAKE HILLS 2nd ADDITION,Anoka County,Minnesota. Proposed New Miller Parcel: That part of Lot 9,MELOLAND GARDENS,Anoka County, Minnesota,lying westerly of a line parallel with the east line of said Lot 9 and distant 293.8 feet westerly from the east line of said Lot 9 as measured along the south line and lying southerly of the following described line: Beginning at a point on the southeasterly line of Lot 6,Block 1, MELOLAND LAKEVIEW,Anoka County,Minnesota,distant 28.00 feet southwesterly from the most easterly corner of said Lot 6;thence southeasterly to the southwest corner of Lot 4,Block 1, MOORE LAKE HILLS 2nd ADDITION, Anoka County,Minnesota. 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. Ica 'NjkNCY E ON-MAYOR ATTEST: J DE RA A. SKO EN-CIYY CLERK IDLEY CITY COUNCIL MEETING MINUTES OF DECEMBER 13 1999 PAGE 2 2. RECEIVE THE PLANNING COMMISSION MINUTES OF DEC IBER 1 1999: RECEIVED THE PLANNING COMMISSION MINUTES O DECEMBER 1, 1999. 3. RESOLUTION NO. 9.1-1999 APPROVING A SUBDIVI ON LOT SPLIT LS #99-04 TO CREATE TWO DUPLEX TWO FAMILY PARC S GENERALLY LOCATED AT 5361 SIXTH STREET N.E. WARD 1 BY GARY ELLNER : Mr. Burns, City Manager, stated that the pXtary Wellner, was seeking a lot split for a property that contains two existing duplexenning Commission unanimously approved his request at their November 17 meeting. Smended Council's approval. ADOPTED RESOLUTION NO. 94-1 9. 4. VARIANCE RE UEST VAR # -30 BY GARY WELLNER TO REDUCE THE SIDE YARD SETBACK FROM 10/FEET TO 7.99 FEET TO CORRECT AN EXISTING NONCONFORMITY GES RALLY LOCATED AT 5361 SIXTH STREET N.E. (WARD 1): Mr. Burns, City Ma/nag , stated that in 1960, at the time of construction of one of the two of Mr. Wellner's duplexes, e duplex was constructed a distance of 7.99 feet from the side lot line rather than the req, ' ed 10 feet. Council was asked to forgive the error by granting a variance for the 7.99 foot sid yard. The Appeals Commission unanimously approved this request at their November 10 eeting. Staff recommended Council's approval. APPROV VARIANCE REQUEST, VAR#99-30. 5. RESOLUTION NO. 95-1999 APPROVING A SUBDIVISION, LOT SPLIT, LS #99-05, TO ESTABLISH NEW PROPERTY LINES FOR TWO RESIDENTIAL PARCELS, GENERALLY LOCATED AT 5928 WOODY LANE N.E. (WARD 2): Mr. Burns, City Manager, stated that this was consideration of a resolution approving a subdivision lot split for property located at 5928 Woody Lane. The petitioners, David and Sharon Landes, have reached an agreement with their neighbors to purchase 550 square feet of their property. The acquisition would allow Mr. and Mrs. Landes to properly slope a new retaining wall on their property in a manner less conducive to washouts. They asked for a lot split for the purpose of adding the 550 square feet to their property. The Planning Commission gave their unanimous approval to this request at their December 1 meeting. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 95-1999. 6. APPROVE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF FRIDLEY AND STEPHEN P. VARICHAK DO ORES NI. VARICHAK JAMES SURDYK AND LYNNE E. SURDYK (WARD 2): Mr. Burns, City Manager, stated that e development agreement embodies the 254 stipulations that were attached to the Varichak p t that was approved by Council on August 9. The agreement has since been modified to include Stipulation No. 24 regarding storm water r THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUN /LO DECEMBER 13. 1999 The Regular Meeting of the Fridley City Council was called to order by Mayor Jorgens at 7:30 p.m. PLEDGE OF ALLEGIANCE: Mavor Jorgenson led the Council and audience in the Pledge of Allegiance to e Flag. ROLL CALL: MEMBERS PRESENT: Mayor Jorgenson, Councilmember B ette, Councilmember Billings, and Councilmember Bolkcom MEMBERS ABSENT: Councilmember Wolfe STATEMENT OF MEETING CONDUCT: Please be reminded that those present at today's eeting may hold a variety of views and opinions regarding the business to be conducted. The xercise of democracy through representative local government requires that ALL points of view e accommodated at these proceedings. It is further expected that a standard of mutual courtesy a respectfulness be exercised by all in attendance, through our individual expression, manner of spea ng, and conduct. Therefore, please receive the views of other with the same degree of courtesy nd respect which you desire to be given your views and opinions. Any departures from this andard will be addressed by the Presiding Officer through whatever means are deemed appropri e. Thank you for your attendance at today's meeting, and your agreement to abide by these standard of personal conduct. APPROVAL OF MINUTES: MOTION by Councilmembe illings to approve the City Council meeting minutes of November 22, 1999. Seconded by Council ember Bolkcom. UPON A VOICE VO E, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED NANIMOUSLY. APPROVAL OF P OPOSED CONSENT AGENDA: NEW BUSINES14 1. REC IVE THE PLANNING COMMISSION MINUTES OF NOVEMBER 17, 1999: CEIVED THE PLANNING COMMISSION MINUTES OF NOVEMBER 17, 1999. rl ABSTRACT Receipt# I �0`�/ �y.-q) ❑ Certified Copy a Date/Timei�`'� Date Mailed DOCUMENT N0. 1485962 . 0 ABSTRACT : �e� ❑ Doc.Order of Tax Liens/Releases ANOKA COUNTY MINNESOTA _� �(,\ ElMulti-CoDoc Tax Pd I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS FILED IN THIS OFFICE ✓by: Pins: 'v FOR RECORD ON FEB 14 2000 Recordability/Delgs:—7b— ❑ Transfer ❑ New Desc. AT 5 : 00 PM SZ) ❑ Division [I GAC AN D Y ECORDED. Filing Fees: ICr. , l FEES AND TAXES IN THE AMOUNT OF ��� ��� PAID. Well Certificate 11 Status ❑ Def.Spec RECEIPT NO. 2000013205 Received this Date: EDWARD M.TRESKA Anoka County Recorder ❑ Other P/N,Change ANOKACOUNTY PROPEKLR 3K ADMINISTRATOR/RECORDER/REGISTRAR OF TITLES Notes: ✓✓✓ BY DEPUTY PROPERTY TAX ADMINISTRATOR/RECORDER/REGISTRAR OF TITLES 1485963 A-30• a4•a1. ooa zq - (2o1y 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. #99-05 Owner: David & Sharon J. Landes 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: A lot split to establish new property lines for two residential parcels, legally described as Lot 6, Block 1, Meloland Lakeview, Anoka County, Minnesota. Together with: That part of Lot 9 Meloland Gardens lying westerly of a line parallel with the east line of said Lot 9 and distant 293.8 feet westerly from the east line of said Lot 9, as measured along the south line thereof and lying northerly of the following described line: Beginning at a point on the southeasterly line of Lot 6, Block 1, Meloland Lakeview, Anoka County, Minnesota, distant 28.00 feet southwesterly from the most easterly corner of said Lot 6; thence southeasterly to the southwest corner of Lot 4, Block 1, Moore Lake Hills 2nd Addition, Anoka County, Minnesota, generally located at 5928 Woody Lane NE. 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 //+,t, day of 2000 DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 Debra A. Skogen, City Cle �8 est RESOLUTION NO.95-1999 A RESOLUTION APPROVING A SUBDMSION,LOT SPLIT,LS#99-05, TO ESTABLISH NEW PROPERTY LINES FOR TWO RESIDENTIAL PARCELS,GENERALLY LOCATED AT 5928 WOODY LANE WHEREAS, the Planning Commission held a public hearing on the Lot Split,LS#99-05,on December 1, 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 establish new property lines on two residential lots,based on new legal descriptions which read as follows: Proposed New Landes Parcel: Lot 6,Block 1,MELOLAND LAKEVIEW,Anoka County, Minnesota. Together with: That part of Lot 9 MELOLAND GARDENS lying westerly of a line parallel with the east line of said Lot 9 and distant 293.8 feet westerly from the east line of said Lot 9,as measured along the south line thereof and lying northerly of the following described line: Beginning at a point on the southeasterly line of Lot 6,Block 1,MELOLAND LAKEVIEW,Anoka County,Minnesota,distant 28.00 feet southwesterly from the most easterly comer of said Lot 6; thence southeasterly to the southwest corner of Lot 4,Block 1,MOORE LAKE HILLS 2' ADDITION,Anoka County,Minnesota. Proposed New Miller Parcel: That part of Lot 9,MELOLAND GARDENS,Anoka County, Minnesota,lying westerly of a line parallel with the east line of said Lot 9 and distant 293.8 feet westerly from the east line of said Lot 9 as measured along the south line and lying southerly of the following described line: Beginning at a point on the southeasterly line of Lot 6,Block 1, MELOLAND LAKEVIEW,Anoka County,Minnesota,distant 28.00 feet southwesterly from the most easterly corner of said Lot 6; thence southeasterly to the southwest comer of Lot 4,Block 1, MOORS LAKE HILLS 2°d ADDITION, Anoka County,Minnesota. 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 13'x` DAY OF DECEMBER 1999. 4NCx . E ON-MAYOR ATTEST: DE RA A. SKO EN-Cl,�Y CLERK FRIDLEY CITY COUNCIL MEETING MINUTES OF DECEMBER 13, 1999 PAGE 2 2. RECEIVE THE PLANNING CONINIISSION' MINUTES OF DEC : IBER 1 1999: RECEIVED THE PLANNING COI`IISSION MINUTES O DECE.NIBER 1, 1999. 3. RESOLUTION NO. 94-1999 APPROVING A SUBDI`'I ON. LOT SPLIT LS #99-04. TO CREATE TNVO DUPLEX TWO FAMILY PARC S. GENERALLY LOCATED AT 5361 SIXTH STREET N.E. WARD 1 BY GARY WELLNER : Mr. Burns, City Manager, stated that the petitio r, Gary Wellner, was seeking a lot split for a property that contains two existing duplexes. e Planning Commission unanimously approved his request at their November 17 meeting. S f recommended Council's approval. ADOPTED RESOLUTION NO. 94-1 9. 4. VARIANCE RE UEST VAR # -30 BY GARY WELLNER TO REDUCE THE SIDE YARD SETBACK FROM IQJFEET TO 7.99 FEET TO CORRECT AN EXISTING NONCONFORMITY GE: RALLY LOCATED AT 5361 SIXTH STREET N.E. (WARD 1): IIr. Burns, Citv Manag ,stated that in 1960, at the time of construction of one of the two of Mr. Wellner's duplexes, e duplex was constructed a distance of 7.99 feet from the side lot line rather than the req, ' ed 10 feet. Council was asked to forgive the error by granting a variance for the 7.99 foot sid yard. The Appeals Commission unanimously approved this request at their November 10 eeting. Staff recommended Council's approval. APPROV VARIANCE REQUEST, VAR#99-30. 5. RESOLUTION NO. 95-1999 APPROVING A SUBDIVISION, LOT SPLIT, LS #99-05, TO ESTABLISH NEW PROPERTY LINES FOR TWO RESIDENTIAL PARCELS, GENERALLY LOCATED AT 5928 WOODY LANE N.E. (WARD 2): Mr. Burns, City Manager, stated that this was consideration of a resolution approving a subdivision lot split for property located at 5928 Woody Lane. The petitioners, David and Sharon Landes, have reached an agreement with their neighbors to purchase 550 square feet of their property. The acquisition would allow Mr. and Mrs. Landes to properly slope a new retaining wall on their property in a manner less conducive to washouts. They asked for a lot split for the purpose of adding the 550 square feet to their property. The Planning Commission gave their unanimous approval to this request at their December 1 meeting. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 95-1999. 6. APPROVE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF FRIDLE ( AND STEPHEN P. VARICHAK. DO ORES ivl. VARICHAK. JAMES SURDYK AND LYNNE E. SURDYK (WARD 2): Mr. Burns, City Manager, stated that e development agreement embodies the 254 stipulations that were attached to the Varichak p t that was approved by Council on August 9. The agreement has since been modified to include Stipulation No. 24 regarding storm water ABSTRACT Receipt# Sal I ❑ Certified Copy a l'I / I-):� Date Mailed DOCUMENT NO. 1485963 . 0 ABSTRACT Date/Time: `f ❑ Tax Liens/Releases ANOKA COUNTY MINNESOT Doc.Order of [:3 Multi-Co Doc Tax Pd I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS FILED IN THIS OFFICE ./by: Pins: FOR RECORD ON FEB 14 2000 AT S : 00 PM AND WASDUYRECORDED. Recordability/Delgs: El Transfer ❑ New Desc. $ OPAID. FEES AND TAXES IN THE AMOUNT OF D Filing Fees: (q.•q-) ❑ Division ❑ GAC Well Certificate ❑ Status ❑ Def.Spec RECEIPT NO. 2000013211 Received this Date: EDWARD M.TRESKA Anoka County Recorder Other No Change ANOKACOUNTYPROPERTYTAXADMINISTRATOR/RECORDER/REGISTRAR OF TITLES E]Notes: y KLO BY DEPUTY PROPERTY TAX ADMINISTRATOR/RECORDER/REGISTRAR OF TITLES